HomeMy WebLinkAboutLand Use Case.CU.999 Cemetery Ln.A43-96 CA LOAD SUMMARY SHEET - CITY ASPEN
DATE RECEIVED: 6/18/96 CASE # A43 -96
DATE COMPLETE: STAFF: Bob Nevins
PARCEL ID # 2735- 122 -14 -001
PROJECT NAME: Pickus Accessory Dwelling Unit
Project Address: 1425 Silverking, Unit B
APPLICANT: Sallie Pickus
Address/Phone: 999 Cemetery Lane, Aspen, 925 -4352
REPRESENTATIVE: same
Address/Phone: same
FEES: PLANNING $235 # APPS RECEIVED 15
ENGINEER $0 # PLATS RECEIVED 15
HOUSING $0
ENV HEALTH $0 TYPE OF APPLICATION:
TOTAL $235 Staf&Aeppreval— ONE `.a7Ili — A 1 4
C)t MirPNen -- (Fsa
AMT. RECEIVED $235
Review Bode 11ccting Date Public Hearing ?
P &Z $ - 4, - et t es /No
CC N/'t DYes ❑No
CC (2nd reading) tIA- ❑Yes ❑No
REFERRALS:
❑ City Attorney ❑ Aspen Fire Marshal ❑ CDOT
City Engineer ❑ City Water ❑ ACSD
❑ Zoning ❑ City Electric ❑ Holy Cross Electric
X I- lousing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas
❑ Environmental Health ❑ Open Space Board ❑ Aspen School District
%Parks ❑ Other: ❑ Other:
DATE REFERRED: A fl f 14o INITIALS: / "I DATE DUE: 7 /Z /91
APPROVAL: OrdinancE/Resolution # `fii " �� Date: "Cm b
Staff ApprdVat — Date:
Plat Recorded: Book , Page
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN
ACCESSORY DWELLING UNIT AT THE PICKUS RESIDENCE LOCATED AT
999 CEMETERY LANE, CONDOMINIUM UNIT `B" -1425 SILVERKING,
CITY OF ASPEN, COLORADO
Resolution No. 96-
WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units may be approved by the Planning and Zoning Commission as
conditional uses in conformance with the requirements of said Section; and
WHEREAS, the Community Development Department received an application
from Ms. Sallie Pickus, owner /applicant, for a Conditional Use review for a
below -grade studio Accessory Dwelling Unit having approximately 635 square feet of net
livable area contained within the proposed primary residence; and
WHEREAS, the Housing Office, City Engineering, Parks Department and
Community Development Department reviewed the proposal and recommended
approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on August 6, 1996, the
Planning and Zoning Commission approved by a 5 to 2 vote the Conditional Use review
for the Pickus Accessory Dwelling Unit with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Pickus Conditional Use for a below -grade studio Accessory Dwelling Unit
containing approximately 635 square feet of net livable area is approved with the
following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. verify with the Housing Office that the floor area of the Accessory Dwelling Unit is
a minimum of six hundred (600) square feet as per Section 26.100.050(A)(2)(c)(2);
b. verify with the Housing Office that the ADU will contain a kitchen having a
minimum of a two- burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. upon approval of the deed restriction by the Housing Office, record the deed
restriction with the Pitkin County Clerk and Recorder's Office and provide proof of
recordation to the Community Development Department. The deed restriction
shall state that the Accessory Dwelling Unit meets the housing guidelines for such
units; meets the definition of Resident Occupied Unit, and if rented, the unit shall
be rented for periods of six (6) months or longer;
d. clearly identify the Accessory Dwelling Unit on building permit plans as a separate
studio unit having a private, exterior entrance and being in compliance with
1994 U.B.C. Sound Transmission Guidelines (Appendix Chapter 12, Division I1,
Section 1208).
e. provide one, off - street parking space on -site for the ADU.
f. submit plans pursuant to Chapter 26.58, Residential Review Standards to
Community Development for review and approval;
g. provide an easement on -site and not within the public rights -of -way for any new
surface utility needs including pedestals. All existing and any new utility easements
shall be shown on the final improvement plans;
h. execute and record an agreement to construct curb, gutter and sidewalks along
Cemetery Lane and Silverking Drive when needed by the neighborhood. A five (5)
foot sidewalk (pedestrian area) shall remain unobstructed by improvements
including fences, landscape boulders, vegetation, etc. to provide for the future
sidewalk alignments and linkages to adjacent sidewalk routes and grades. The
pedestrian areas (future) shall be shown on the final development plan.
i. provide a drainage report and plan to confirm that the historic surface run -off shall
be maintained and that any increase in historic run -off flows shall be first routed
and detained on -site;
j. submit a landscape plan to the Parks Department for review and approval; and
k. apply for a tree removal permit two (2) weeks prior to the issuance of a building
permit if any trees are to be removed. The required mitigation for the removal of
any of these trees shall be as per Section 15.04.450 of the municipal code.
2. Prior to the issuance of a certificate of occupancy (CO), the applicant shall:
a. allow Community Development Department and Housing Office staff to inspect the
Accessory Dwelling Unit for compliance with the conditions of approval; and
b. submit to Aspen /Pitkin County Data Processing Department vs-built drawings of
the project showing the property lines, building footprints, ,easements,
encroachments, utility entry points at the property boundaries and any other
improvements.
3. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right -of -way.
4. The maximum driveway width for both Unit A and Unit B (Pickus residence) shall be
a total of eighteen (18) feet for the length of the double driveway extending from the
edge of the pavement on Silverking Drive to the right -of- way /property line. Driveway
access shall not be permitted on Cemetery Lane. The off - street parking configuration
shall be shown on the final improvement plans to be submitted for building permit.
5. The existing landscaping shall be pruned regularly or other planting shall be installed
to provide adequate visibility of the stop sign and sight distance to the south on
Cemetery Lane.
6. The owner shall be responsible for construction and maintenance of all landscaping
improvements, with prior City approval, from their property lines to the edge of
public street pavements.
7. A proper improvement survey plat as per current 38 -51 C.R.S. standards and as
amended by City Code requirements shall be submitted with the building permit
application.
8. The applicant shall consult with City departments regarding the following:
a. City Engineering for design considerations and any development within public
rights -of -way;
b. Parks Department for tree removal, landscaping, and vegetative species;
c. City Streets Department for any work or development, including landscaping,
within public rights -of -way.
9. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on August 6, 1996.
Attest: Planning and Zoning Commission:
Ce \AX1 -7/1/(Y
Jackie Lothian, Deputy City Clerk Sara Garton, Chairperson / 2 �
V
SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
�
BETWEEN
THE CITY OF ASPEN AND I —4--c 9, LIA0
(hereinafter "Owner ")
WHEREAS Owner(s) is (are) the owner( / ) � of the real property located at (street address and
legal description of property) 1°17 ;4 � \ s�M A 9)&04 14 44r% 6 ,
Aspen, Colorado, and Y
WHEREAS, Owner has recently completed new construction and desires to obtain a
certificate of occupancy; and
WHEREAS, Owner's property is within a zone district or other area as designated on the
City of Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and
sidewalk prior to issuance of a certificate of occupancy or, in lieu thereof, an agreement for future
construction pursuant to Section 21.16.050 of the Municipal Code; and
WHEREAS, the City Engineer does not recommend the construction of curb, gutter and
sidewalk on public right -of -way adjacent to Owner's property at this time due to existing
improvements or conditions.
NOW. THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately 114 0 feet), together with associated street
asphalt pavement work, at such time as the City of Aspen deems construction necessary and
feasible. It is acknowledged by all parties that the present requirement is for two (2) foot gutter, six
(6) inch vertical curb, and five (5) foot wide concrete sidewalk with five foot snow storage between
sidewalk and curb, or as otherwise specified in the City of Aspen Sidewalk, Curb and Gutter
Specifications in effect at the time of construction.
2. In the alternative, at the City's option, the City may construct the above improvements
and Owner ; ;hall reimburse the City for all costs of such construction. Reimbursement shall be
made to the City within ninety (90) days after receipt of invoice. In the event of failure to pay, the
cost shall be placed as a lien against the property to run with the land.
3. In the event that the City determines that sidewalk shall be constructed on one side
of the street only, and if that side is Owner's side of street, Owner agrees to pay to construct the
sidewalk with reimbursement of half the cost at a later date if the property across the street from
Owner is developed. If the City determines that the sidewalk shall be constructed across the street
from the Owner, Owner shall participate in the cost of the sidewalk in the amount of half of the
cost.
4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns,
and successors in title of the parties hereto. nn/
Entere 'nto this ? day of , 19 7,b .
By: OLij �er
State of Colorado )
)
County of Pitkin )
The foregoing instrument was acknowledged before me this 9 day of 0efi 4 ,
19 e k•, b `t at -eit y 1)cociI+ -eit .
Witness my hand and official seal. My commission expires:
MY COMMISSION EXPIRES
Notary Public 11- 7-1999
Address: / 3 0 5 ' & - 1 y
4 , ,( 8/6
CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: -
// /(P 2 1 -Lt ��c€�� /6 KM96.81
■
2
MEMORANDUM
TO: Pickus File
FROM: Bob Nevins, City Planner
RE: FAR Calculations
DATE: August 15,1996
PURPOSE: This memorandum is to confirm that in calculating the allowable floor area
for the Pickus residence the following shall apply:
A. Interior stairways shall not be included as part of the residential floor area
calculation. The current Code does not stipulate that this exclusion is
intended for exterior stairs only.
B. Fifty (50) percent of the Accessory Dwelling Unit's floor area up to a
maximum of two hundred fifty (250) square feet shall be calculated as
"bonus" floor area. Therefore, the maximum allowable floor area for the
residence may be exceeded up the "bonus" allowed for the Accessory Dwelling
Unit. The "bonus" is intended to be given only to Accessory Dwelling Units
that are 100% above grade, however this condition is not contained in the
current Land Use Regulations.
For future reference, the applicable Sections of the current Code are attached:
A. Section 26.04.100, Definitions, Floor area(B) Decks, Balconies, Porches,
Loggias and Stairways.
B. Section 26.04.100, Definitions, Floor area(G) Accessory Dwelling Unit or
Linked Pavilion
C. Section 26.40.090, Accessory Dwelling Units.
- ._26.04.100 _
Final plat means a map of the subchapter which has been accurately surveyed by a registered surveyor.
The map shall show all streets, alleys, blocks, lots and all other requirements outlined in Chapter 26.88.
Finished elevation"oft egroundsurface,following development, next to the completed
walls of astrucdue: • - r-
__
` -- Roodwaymeane the :charnel of a. riveror- other watercourse or the adjacent land areas that must be
ceserved.imonierto-discharge the base flood. without increasing, the water surface elevation.
v.- ;IToovmetiondiet rsurface<ofan•enclosedarea irt abuilding, i.e:, the top of the woodflooring in wood
flame =constructsbm.T etemt inclhdeti theftoorofan ° area used' forgarages,. indoor parking areas, storage
-accesswaybteezeways;.stairz.e.levatorshafts,_basements ant accessory uses and structures.
Floor area•means thesum of the-gross horizontal areas of each story of the building measured from
the exterior walls, or from the center line of the patty walls, including the floor area of accessory uses and
of accessory buildings and structures.
In measuring floor areas for floor area ratio and allowable floor area, the following applies:
A. General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor
area, them shall be included that floor area within the surrounding exterior walls (measured from their exterior
surface) of a building, or portion thereof.
B. Decks, Balconies, Porches, Loggias and Stairways. The calculation of the floor area of a building
or a portion thereof shall not include decks, balconies, stairways, terraces and similar features, unless the area
of these features is greater than fifteen percent of the maximum allowable floor area of the building. Porches
shall not be counted towards FAR. Loggias -shall be calculated as 0.5 FAR --y -----
. Garages, Carports and Storage Areas. In all zone districts except the R15 -B zone district, for
the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential,
garages, carports and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square •
feet per dwelling unit all garage, carport and storage areas between two hundred fifty (250) and five hundred
(500) square feet shall be calculated as .5 FAR; all garage, carport and storage areas in excess of five hundred
(500) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any
dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling
unit, the garage shall only be excluded from floor area calculations up to two hundred fifty (250) square feet
per dwelling unit if it is located on said alley or road; all garage, carport and storage areas between two hundred
fifty (250) and five hundred (500) square feet shall be calculated as.5 FAR. For purposes of determining the
exclusion, if any, applicable to garages, carports, and storage areas, the area of all such structures on a parcel
shall be aggregated.
1. In the R15 -B zone district, garage, carport, and storage areas shall be limited to a five hundred
(500) square foot exemption.
2. Other provisions applicable to all zone districts:
If a driveway to a garage is below natural grade within the required front setback the resulting cut cannot
exceed two (2) feet in depth, measured from natural grade.
d .. All portions of a garage, carport or storage area parallel to the street shall be recessed behind the front
,� facade a minimum of ten (10) feet.
Garages below natural grade, garages with a vehicular entrance width greater than twenty -four (24) feet,
V '' ` . and garages with a vehicular entrance width greater than 40% of the front facade in total shall meet one of
I e the following conditions:
ii * a' ±ika' a. All elements of the garage shall be located within fifty feet of the rear lot line, or
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26.04-.100
• b. All elements of the garage shall be located farther than one hundred fif feet from the front lot
tine, or
c. The vehicular entrance to the garage shall be perpendicular to the front lot line.
An element linking a detached garage to the principal structure shall not be included in the calculation
of floor area provideathatthmlinkin g<.stmcture•is na more than one (1) story tall, six (6) feet wide, and ten
(10) feet long Areas of lmkingsttmAu.csm.excessof ten feetirclength shall, be counted in floor area.
D. SrubgratriAntasaThearemotWstory whosetop• offlooris. aomaximum.ofeighteen:(18)inches
above natural. orfnished fgradewwhicheverfslower,. at any point along the perimeter of the building shall
be excludedfrom flootareacalbulationnFroranystorywhich is partly above- and partly below natural or finished
grade whicheveris.lower, acalculationofthetotal volume of the story which is above and which is below
grade shall be made, for the purpose of established the percentage of the area of the story which shall be included
in floor area calculations. This calculation shall be made by determining the total percentage of the perimeter
wall area of the story which-is above natural- or finished grade, whichever is lower, which shall be multiplied
by the total floor area of the subject story, and the resulting total shall be that area which is included in the
floor area calculation.
All areaways, lightwells and/or stairwells on the street facing side(s) of a building must be entirely recessed
behind the vertical plane established by the portion of the building facade which is closest to the street.
E. Volume. Floor area ratio and allowable floor area for a residential building or portion thereof shall
include a calculation based on the relationship between every instance of the exterior expressions and interior
plate heights. All interior areas that include exterior expression of a plate height greater than Mn (10) feet,
shall be counted as two (2) square feet per each square footage of actual floor area. Exterior expression shall
be defined as facade penetrations between nine (9) and twelve (12) feet above the elevation of the finished
•
floor, and circular; semi - circular or non- orthoganal facade penetrations between nine (9) and fifteen (15) feet
above the level of the finished floor.
F. Planned Unit Development. For planned unit development (PUD) applications where land is held
as common open space, and more than one lot is proposed for development, the total floor area for each lot
shall be determined in the following manner.
The total area of each lot in the planned unit development (PUD) shall be increased by an amount equal
to the total area of the land held as common open space divided by the total number of lots proposed for
development.
Notwithstanding the above methodology for determining floor area ratio for each lot, applicants may
suggest different methods for allocating the total floor area allowed for the PUD to individual lots; provided,
that the total floor area allowed for the PUD does not exceed the cumulative total of the floor areas for each
�o t as calculated by the above referenced method.
G. Accessory Dwelling Unit or Linked Pavilion. For the purpose of calculating floor area ratio and
allowable floor area for a lot whose principal use is residential, the following shall apply: The allowable floor
area of an attached accessory dwelling unit shall be excluded up to a maximum of two hundred fifty (250)
square feet of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit whichever 0
is Tess. An accessory dwelling unit separated from a principal structure by a distance of no less than ten (10)
feet with a maximum footprint of four hundred fifty (450) square feet, shall be calculated at fifty (50) percent
of allowable floor area up to seven hundred (700) square feet of floor area. Any element linking the principal
, = structure to the accessory unit may be to more than one (1) story stall, six (6) feet wide and ten (10) feet .
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tot i t
26.40.070
1. The use shall be developed by comparing each dimensional and parking requirement of the respective
zone districts and applying the more restrictive of each requirements. These requirements shall, however, be
calculated based on the land area and development of the entire parcel.
2. The only exception shall be when the area of the parcel which is designated with the zone district
which permits the higher density constitutes more than seventy -five (75) percent of the entire land area of
the parcel: In this cam. thevse•shall bedevelopedusing tlx dimensional requirements and off -strut parking
requirements ofthazonedistrictpen ittingthehigher.denity; which- shalibe calculated on the basis of the
land area and. development of the enlitcparceL (Code 1971, § 5 -508)
26.40.080 Miscellaneous provisions:.
A. Fuel storagetanks. All fuel storagetanks shall be completely buried beneath the surface of the ground
except that above- grormd storage tanks may be approved as conditional uses in the Service/Commercial/Industrial
and Public zone districts.
B. Lights. Any light used to illuminated parking areas or for any other purpose shall be so arranged
as to reflect the light away from nearby residential properties and vision of passing motorists. (Ord. No. 9 -1992,
§ 1: Code 1971, § 5 -509)
26.40.090 Accessory dwelling units.
A. General provisions.
1. Accessory dwelling units shall contain not less than three hundred (300) square feet of net livable
area and not more than seven hundred (700) square feet of net livable area. The unit shall be deed restricted,
meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods
of not less than six (6) months in duration. Owners of the principal residence shall have the right to place
a qualified employee or employees of his or her choosing in the accessory dwelling unit. Parking shall not
be required if the unit is a studio or one - bedroom unit, but one (1) parking space shall be provided on -site
if the unit contains two (2) bedrooms and one (1) additional space shall be required for each additional two
(2) bedrooms in the unit.
2. An attached accessory dwelling unit shall be subject to all other dimensional requirements of the
underlying zone district.
3. A detached accessory dwelling unit shall only be permitted on parcels that have secondary and/or
alley access, excepting parcels with existing structures to be converted to detached accessory dwelling units,
detached garages or carports where an accessory dwelling unit is proposed above, attached to, or contained
within such detached garage or carport. Detached accessory dwelling units are prohibited within the R -15B
zone district
B. Development review standards. The review standards for a detached accessory dwelling unit are
as follows:
1. The proposed development is compatible and subordinate in character with the primary residence
located on the parcel and with development located within the neighborhood;
2. Where the proposed development varies from the dimensional requirements of the underlying zone
district, the planning and zoning commission shall find that such variation is more compatible in character
with the primary residence than the development in accord with dimensional requirements. The following
dimensional requirements may be varied:
26.40.090
a. Minimum front and rear yard setbacks;
b. Minimum distance between buildings on the lot;
c. Maximum allowed floor area may be exceeded up to the bonus allowed for accessory dwelling
units
d. The side yard setback shall be a minimum of three (3) feet.
e. The maximum height limits for detached accessory dwelling units in then 6 zone diathermy be
varied on the rear one third.(1/3)- ofthe. parcel; however .themaximum:hcightofthcstmctu eshailaotexceed"
sixteen (16) feet On Landmark DesignatecL Parcels and. within an. Historic Overlay District th HPC shall;
have the ability to make suckhei
ty ghtVartatilingy a ... -:
1. Maximum allowable site coverage may be varied up to maximum of five (5) percent; ontandmark
Designated Parcels and within an Historic Overlay District the HPC shall have the ability to make- suck site
coverage variations;
g. In the case where the proposed detached accessory dwelling unit is located on aLandmark Designated
Parcel or within an Historic Overlay District only HPC may make dimensional variations pursuant to the standards
of Section 26.40.070(B).
3. The planning and zoning commission and the historic preservation committee may exempt existing
nonconforming structures, being converted to a detached accessory dwelling unit, from Section 26.40.070
(B)(2)(a —g) provided that the nonconformity is not increased.
4. Conditional use review shall be granted pursuant to Section 26.60.040 Standards applicable to all
conditional uses.
C. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on
or prior to November 1, 1988, and which complies with the requirements of this section may be legalized
as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building
Code, as determined by the chief building official.
D. GMQS /replacement housing credits. Accessory dwelling units shall not be used to obtain points
in the affordable housing category of the Growth Management Quota System (GMQS). Only those units meeting
the housing size, type, income and occupancy guidelines or approval of the housing designee and the standards
of Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory dwelling
units also may not be used to meet the requirements of Title 20 of the Municipal Code of the City of Aspen,
Colorado, "Resident Multi- Family Housing Replacement Program." (Ord. No. 47 -1988, § 3; Ord. No. 1 -1990,
§ 6; Ord. No. 60 -1990, § 2; Ord. No. 56 -1994, § 11: Code 1971, § 5 -510)
26.40100 Landscape maintenance.
A. Landscaping shown on any approved site development plan shall be maintained in a healthy manner
for a minimum three (3) year period. In the event that plant material dies, the owner of the property shall
replace the plant material with similar quality within forty -five (45) days of notification by the Zoning Enfonement
Officer. If seasonal or cultural constraints do not allow planting of the approved plant material within forty-five
(45) days the owner may in writing seek permission from the Community Development Director to:
1. Provide financial assurances equal to one hundred twenty ( 120) percent of the amount of the replacement
landscaping and installation costs as approved by the Parks Depanment, and in a form satisfactory to the City
Attomey. The completion of the landscape replacement shall be accomplished no later than June 15 of the
next planting season, otherwise the financial assurances shall be forfeited to the city.
2. Submit for approval a revised Landscape plan.
550
a fi._
AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, AUGUST 6, 1996, 4:30 PM
SISTER CITIES MEETING ROOM, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. PUBLIC HEARINGS
A. Maroon Creek Club Rezoning, Mary Lackner
B. Pickus Conditional Use for ADU, Bob Nevins
C. Day Subdivision, Stream Margin. Review & GMQS Exemption, Bob Nevins (to
be tabled to 9/3/96)
D. COLAS Investment Conditional Use for ADU and Stream Margin Review (cont.
from 7/2), Bob Nevins
IV. ADJOURN
III.6 •
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Bob Nevins, City Planner 1
THRU: Dave Michaelson, Deputy Directoy�.. .
RE: Pickus Accessory Dwelling Unit Conditional Use Review - Public Hearing
Parcel ID No. 2735-122-14-001
DATE: August 6, 1996
SUMMARY: The applicant proposes to construct a 685 sf Accessory Dwelling Unit
which will contain approximately 635 sf of net livable area. The studio unit is to be
located in the below -grade level of an expanded and remodeled, half- duplex. Attached is
the Conditional Use Application as Exhibit A; the referral comments as Exhibit B; and
the Restrictive Covenant as Exhibit C.
Community Development staff recommends that the conditional use for an Accessory
Dwelling Unit at 1425 Silverking Drive, Unit B, City of Aspen be approved with
conditions.
APPLICANT: Sallie Pickus
LOCATION: 1425 Silverking Drive, Unit B, (Lot 1, West Aspen Subdivision,
Filing No. 2) City of Aspen, Pitkin County, Colorado.
ZONING: Moderate - Density Residential (R -15)
LAND USE: Duplex (Condominiumized)
LOT AREA: 15,025 s.f.
FAR: 4,921.5 s.f.
APPLICANT'S REQUEST: To construct a studio accessory dwelling unit containing
approximately 635 sf of net liveable area in lieu of a cash payment pursuant to the
conditions set forth in Section 26.100.050, (A)(2)(c)(2)(b). See Exhibit D.
REVIEW PROCESS: Accessory Dwelling Units require conditional use approval by the
Planning and Zoning Commission. It is a one -step review at a public hearing that
requires notification to be published, posted and mailed.
BACKGROUND: The existing duplex was condominiumized in May 1996. The Pickus
residence, Unit B, contains a Limited Common Element (L.C.E.) of 6,065 s.f.. The
applicant is proposing to remodel and expand their residence, and to provide an
Accessory Dwelling Unit (ADU). The proposed ADU is in accordance with both the
Aspen Land Use Requirements and the Unit B Restrictive Covenants (Exhibit C).
The Accessory Dwelling Unit is a 685 s.f. studio with a kitchen and full -bath. It contains
approximately 635 s.f.of net liveable area. The unit has a separate, private entry
adjoining the garage and facing Cemetery Lane. There is also an interior doorway
connecting the ADU with the study of the main house. The unit is completely below -
grade. Natural light and ventilation is provided to the ADU by a series of window -wells
and clerestory windows. A single, uncovered, off - street parking space is adjacent to the
ADU entrance.
REFERRAL COMMENTS: Attached as Exhibit B are the comments from the City
Engineer, Housing Office, and Parks Department.
STAFF COMMENTS: Pursuant to Section 26.60.040, a development application for a
conditional use approval shall meet the following standards:
A. The conditional use is consistent with the purposes, goals, objectives, and standards
of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it
is proposed to be located;
RESPONSE: Included within the Aspen Area Comprehensive Plan is the Housing
Action Plan which establishes a policy of promoting, marketing, and implementing the
Accessory Dwelling Unit program. The Moderate - Density Residential (R -15) zone
district is designated to provide areas for long term residential purposes with customary
accessory uses. This conditional use request for the approval of an Accessory Dwelling
Unit within a duplex is consistent with the intent, philosophy, and policies of the Aspen
Area Comprehensive Plan, and complies with the intent of the Moderate - Density
Residential (R -15) zone district.
B. The conditional use is consistent and compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or enhances
the mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development;
RESPONSE: The Cemetery Lane neighborhood contains a mixture of detached
single - family and duplex residences exhibiting a wide variety of contemporary
architectural styles. A number of the existing residences in the area are being expanded,
renovated or reconstructed. In addition, several new residences have been built on
previously vacant lots. The proposed, remodeled and expanded half- duplex is consistent
and compatible with surrounding land uses, densities, and neighborhood character.
The parcel is located at the intersection of Cemetery Lane and Silverking Drive along the
Cemetery Lane RFTA bus route. The Messiah Lutheran Church is one and one -half
blocks to the east on Mountain View Drive. A number of parks and trails are within
walking or biking distance of the site: the Aspen Municipal Golf Course, Red Butte Park,
Stein Park and Rio Grande Trail, Sunnyside Trail, Red Butte Cemetery and the Wildlife
Preservation Zone along Castle Creek.
A number of local, working residents, both owners and renters, live in the Cemetery Lane
neighborhood. At the same time, the area is gaining popularity among second -home
buyers and investors. The proposal to remodel and expand the existing residence is
consistent with what is occurring elsewhere; however, with the inclusion of an Accessory
Dwelling Unit, a new opportunity may be created for a local employee to reside and
enliven the neighborhood.
C. The location, size, design, and operating characteristics of the proposed conditional
use minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations, and odor on
surrounding properties;
RESPONSE: The 685 s.f. (635 s.f. net liveable) studio Accessory Dwelling Unit is
contained within the below -grade level of the proposed, expanded and remodeled, half -
duplex. It should not create a visual impact from either Cemetery Lane or Silverking
Drive. The unit is designed to have a separate covered entry and internal access stairway.
A designated, off - street parking space for the studio ADU is provided perpendicular to
the private, residential driveway. Automobile trips should be minimized since the site is
directly on the RFTA Cemetery bus route. It is also within walking and biking distance
of downtown, community services, a church, and several parks and trails. The approval
of an Accessory Dwelling Unit within the proposed, enlarged and redesigned, half - duplex
should not adversely impact the surrounding properties in terms of trash, service delivery,
noise, vibrations and/or odor.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency, hospital and medical services, drainage systems, and schools;
RESPONSE: There are adequate public facilities and services to serve the proposed
Accessory Dwelling Unit.
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use;
RESPONSE: The applicant is creating an ADU in accordance with Section 26.100.050,
Exemptions, for the remodeling or expansion of a residence into a duplex and the
Restrictive Covenant for Unit B, 1425 Silverking, a Condominium.
Pursuant to Section 26.40.090, Accessory dwelling units, the unit shall be deed restricted,
meet the Housing Authority's guidelines for resident occupied units and shall be limited
to rental periods of not less than six (6) months in duration. Owners of the principal
residence shall have the right to place a qualified employee or employees of his or her
choosing in the Accessory Dwelling Unit.
F. The proposed conditional use complies with all additional standards imposed on it by
the Aspen Area Comprehensive Plan and by all applicable requirements of this title;
RESPONSE: The proposed conditional use for an Accessory Dwelling Unit within a
condominiumized, half - duplex is in conformance with the Aspen Area Comprehensive
Plan and complies with all other applicable requirements.
RECOMMENDATION: Community Development staff recommends that the
conditional use for the proposed Accessory Dwelling Unit (ADU) at 1425 Silverking
Drive, Unit B, in the City of Aspen be approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. verify with the Housing Office that the floor area of the Accessory Dwelling Unit is
a minimum of six hundred (600) square feet as per Section 26.100.050(A)(2)(c)(2);
b. verify with the Housing Office that the ADU will contain a kitchen having a
minimum of a two -burner stove with oven, standard sink, and a 6 -cubic foot
refrigerator plus freezer;
c. upon approval of the deed restriction by the Housing Office, the applicant shall
record the deed restriction with the Pitkin County Clerk and Recorder's Office and
provide proof of recordation to the Community Development Department. The
deed restriction shall state that the Accessory Dwelling Unit meets the housing
guidelines for such units, meets the definition of Resident Occupied Unit, and if
rented, the unit shall be rented for periods of six (6) months or longer;
d. clearly identify the Accessory Dwelling Unit on building permit plans as a separate
studio unit having a private, exterior entrance and being in compliance with 1994
U.B.C. Sound Transmission Guidelines (Appendix Chapter 12, Division II,
Section 1208).
e. provide one, off - street parking space on -site for the ADU.
f. submit plans pursuant to Chapter 26.58, Residential Review Standards to
Community Development for review and approval;
g. provide a drainage plan to confirm that the historic surface run -off shall be
maintained on -site;
h. submit a landscape plan to the Parks Department for review and approval;
i. apply for a tree removal permit two (2) weeks prior to the issuance of a building
permit if any trees are to be removed. The required mitigation for the removal of
any of these trees shall be as per Section 15.04.450 of the municipal code.
2. Prior to the issuance of a certificate of occupancy, the Community Development
Department shall inspect the Accessory Dwelling Unit to determine compliance with
the conditions of approval.
3. The applicant shall consult with City departments regarding the following:
a. City Engineering for design considerations and any development within public
rights -of -way;
b. Parks Department for tree removal, landscaping, and vegetative species;
c. City Streets Department for any work or development, including landscaping,
within public rights -of -way.
4. Any new surface utility needs including pedestals must be installed on -site.
5. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right -of -way.
6. All material representations made by the applicant in this application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
ALTERNATIVE RECOMMENDATIONS: Planning and Zoning Commission may
approve the conditions above, approve additional conditions or disapprove the
conditional use for the Accessory Dwelling Unit.
RECOMMENDED MOTION: "I move to approve the conditional use for the Accessory
Dwelling Unit at 1425 Silverking Drive, Unit B, with the conditions as outlined in the
Community Development Department memo dated August 6, 1996."
EXHIBITS:
"A" - Conditional Use Application
"B" - Referral Comments
"C" - Restrictive Covenant
"D" - Section 26.100.050, Exemptions, Land Use Regulations
ZAND USE APPISCATICN FL 4
1) Project Name 9 e m ,fP r u\ L _an'€ . t-) Exhibit A
2 ) Project Location C1q P +P rcq I V1�2� •
Qc vi r p-nuALcLu _ (,t A t-+ i6 i' a S sc.P u, IC G cam. laces ctiu —
(indicate street address, lot & block number, legal deScxiption where
3) Present Zoning V\ " t '"7 4) Lot Size I � C a5
5) Applicant's Hare, Pedress & Phone #50-i( e. Pc lc�t S 35.
99 rU1 ,no i ►. .8I(9 9aS(1351
6) motive's Name, Address & Pbcne # c 1 I t Q. i - c lcU c>
Gay tuLv LD bA )_ , nA Ak o . Pt „ (1).e )(0 r ( C ? a 5 - �1 35-1
7) / Tye of Application (please cberlc.all that apply) :
Conditional Use Ccnozprtuel SPA Ccryzeptual Historic Des.
Sp rinl Review Final SPA _ Final Historic rev.
8040 Grn nl i na ___ Conceptual IUD _ Minor Historic Dev.
- Steam Margin _ Final run _ Historic D®'1 itsrn
- Mountain Visa Plane ___ Subdivisi on _ Historic Designation
- andaniniumiraticn _ Mart/Map Amerdrt _ GCS A lotment
Lot Split/Iat Lure _ GCS Erma:
Adjustment
8) r>asadp iai of Existing Uses (n>mber and type of eacistirrj structures;
approximate sq. ft.; number of bairns; any previous aporovals Fed to the
Y)
•
•
9) Description of t yelojffilt Application
0 • . As 0 _ I •
10) Have you attached the following?
X Response to Attachment 2, Minimum Stniccicn C
X Response to Attachment 3, Speri fir Submission Catt&its
Response to At meat 4, Review Standards for Your Application.
• �
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 Planning staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above,
including post approval review. 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.
CITY OF ASPEN APPLICANT
By: �� Ll... �` •— w-• By: Pd,CLA,0
Stthi tlauson - /fi g/9 Le
Community Development Director Date: /
Mailing Address:
X99 L r
ILL FAA M
2
3
ASPEN /PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
9 9 9 6 ,, 40R,
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 53 (Series of 1995) establishes a fee structure for Planning 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 to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. 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
Planning Commission and /or City Council to enahle the Planning Commission
and /or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
This proposed A.D.U. is part of an expansion /remodel plan for 999 Cemetery
Lane, located on the Southeast corner of the intersection of Silver King Drive
and Cemetery Lane.
The proposed A.D.U. is a sub —grade unit of @ 635 square feet. The entrance
is located on the Silver King ( North Elevation ) side of the building immediately
adjacent to the off — street parking for the unit. All public utilities are in place
on both Silver King and Cemetery Lane.
The unit has complete bath, kitchen and washer /dryer facilties. Heat is
provided by a seperate zone of the main unit's hydronic radiant floor heating
system, with water and electric service also being provided from the main unit's
supply. Natural light and emergency egress is provided by windows on the North and
East walls, with additional light coming from windows in the stairwell and on the
South wall. &..., _..1 __, _ ___..__„ _1.__ l 1_,ll __ — II _ 1 ' \W
„ . ,. y
' ' . ' ' At the request of the intended
tenent, there is a lockable door proposed in the wall between the A.D.U. kitchen
and the downstairs study.
The surrounding neighborhood is made up of single family and duplex residences,
with a mix of permanent residents and second —home owners, with other rental units
and A.D.U.'s nearby.
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!SEE CONDOMINIUM
DECLARATION. SECTION 7.4)
EXHIBIT "A"
1. Taxes for the year 1996 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract or remove his ore
therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patent recorded
October 27, 1892 in Book 55 at Page 33.
3. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded September 5, 1968 in Plat Book 3 at Pa
308 and Condominium Map recorded ryll{I. 1996 in Plat Book SI at
Page.
4. All matters set forth in Boundary Agreement and Grant of Revocable
License, recorded December 7, 1993 in Book 733 at Page 971.
5. Terms, conditions, provisions, obligations, easements, restrictions
and assessments as set forth in the Condominium Declaration for
1425 Silverking, a Condominium, recorded May ,PI, 1996 as Reception
No.31313i , deleting therefrom any restrictions indicating
preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status or national origin.
EA -10Th 4 zban,
393138 05/29/95 O4:19P PG 2 OF 2
3')31.:61 05 /. -:9P '4119P P6 1 Or 2 it DOC UCC
SILVIR DAVIS PI1SIN COUNTY CLERK. & RECORDER 11.00 25. 20
WARRANTY DEED
THIS DEED, made this 23 day of MAY
1996, between ROBERT W. HUGHES AND MARILYN A. HUGHES
OF THE COUNTY OF PITKIN, STATE OF CO
GRANTOR, AND
SALLIE G. PICKUS
GRANTEE
whose legal address is :
999 CEMETERY LANE, ASPEN, CO, 81611
COUNTY OF PITKIN, STATE OF CO
WITNESSETH, That for and in consideration of the sum of ten dollars
n and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and
W O • x n co and by these presents does grant, bargain, sell and convey and
Br 1 - 1 confirm unto the grantee, his heirs and assigns forever, all the real
1y property together with improvements, if any, situate and lying and being in
a y the County of PITKIN, State of COLORADO, described as follows:
• vl CONDOMINIUM UNIT B, 1425 SILVERKING, a condominium according to the
1a� S Map thereof recorded May,0q , 1996 in Plat BookI at Page
U . fr l b 'QQ, and as defined and described in the Condominium Declaration for
e
Q 1425 Silverkin4 recorded May a3, 1996 as Reception No. qq i3 b.
JI
0
r
TOGETHER with all and singular the hereditaments and appurtenances
I_ thereto belonging, or in anywise appertaining, and the reversion and
U reversions, remainders, rents, issues and profits thereof, and all the
U estate, right, title, interest, claim and demand whatsoever of the grantor
rn either in law or equity, of, in and to the above bargained premises, with
�. the hereditaments and appurtenances.
is
HH$II O 11 TO HAVE AND TO HOLD the said premises above bargained and described,
y th,_ with the appurtenances, unto the grantee, his heirs and assigns forever.
a IHl- And the Grantor, for himself, his heirs and personal representatives, does
a W ¢f,1
O covenant, grant, bargain, and agree to and with the Grantee, his heirs and
�, ¢ '� assigns, that at the time of the ensealing delivery of the presents, he is
_ m well seized of the premises above conveyed, has good, sure, perfect,
L' Y absolute and indefeasible estate of inheritance, in law, in fee simple,
gr N and has good right, full power and lawful authority to grant, bargain,
u3
sell and convey the same in manner' and form as aforesaid, and that the
O same are free and clear from all former and other grants, bargains, sales,
U liens, taxes, assessments, encumbrances and restrictions of whatever kind
i or nature soever, except those matters as set forth on Exhibit "A" attached
'v hereto and incorporated herein by reference.
0
• The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
C premises in the quiet nd peaceable possession of the grantee, his heirs
o and assigns, agai . 1st a 1 and every person or persons lawfully claiming the
y wlole o a y par. ther of. The singular number shall include the plural,
L tle p1 -1 th s gu la , and the use of gender shall be applicable to all
m g. ders
.. l .� ., 7. /lC / .
O R O ERT W. HUGHES MAR. Y A. H iHES i �
w
W4-
M N
M m
P i
MI- -$TATS OF COLORADO
. ' C&iNTY OF PITKIN ) se.
(7 oT Ae go ing instrument was acknowledged before me this 23rd day of May ,
It 96 . by ROBERT W. HUGHES and MARILYN A. IIUGIIES
\ � 'uauk z
' �J. f Y
\ I 8 my hand and official seal IC�K.,4..,"
\ t16' con( expires: Notary is
�A3„l;Ci ,,.. 2 05/29/96 04: 19 P PG 1 OF
SILVTR DAVIS . CLERK. & RECORDE - 11. U r 06.E UGC
00 25.20
r ;IN COUNTY
WARRANTY DEED
THIS DEED, made this 23 day of MAY
1996, between ROBERT W. HUGHES AND MARILYN A. HUGHES
OF THE COUNTY OF PITKIN, STATE OF CO
GRANTOR, AND
SALLIE G. PICKUS
GRANTEE
whose legal address is :
999 CEMETERY LANE, ASPEN, CO, 81611
COUNTY OF PITKIN, STATE OF CO
M WITNESSETH, That for and in consideration of the sum of ten dollars
and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and
W x P conveyed, and by these presents does grant, bargain, sell and convey and
P. H confirm unto the grantee, his heirs and assigns forever, all the real
4 W , property together with improvements, if any, situate and lying and being in
the County of PITKIN, State of COLORADO, described as follows:
N CONDOMINIUM UNIT B, 1425 SILVERKING, a condominium according to the
H _ (1. Condominium Map thereof recorded May aq , 1996 in Plat Book ,F1 at Page
U E $Q, and as defined and described in the Condominium Declaption for
4 Q 1425 Silverking recorded May jq , 1996 as Reception No. 3(,,
0
C) TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion and
3 reversions, remainders, rents, issues and profits thereof, and all the
lJ— estate, right, title, interest, claim and demand whatsoever of the grantor
either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
NI a
TO HAVE AND TO HOLD the said premises above bargained and described,
Z 0
if a N. with the appurtenances, unto the grantee, his heirs and assigns forever.
Q. R:, And the Grantor, for himself, his heirs and personal representatives, does
O ¢f� covenant, grant, bargain, and agree to and with the Grantee, his heirs and
¢ assigns, that at the time of the ensealing delivery of the presents, he is
• = 1. cn well seized of the premises above conveyed, has good, sure, perfect,
CJ C Qp� absolute and indefeasible estate of inheritance, in law, in fee simple,
^ mi N and has good right, full power and lawful authority to grant, bargain,
0
0 sell and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind
o or nature soever, except those matters as set forth on Exhibit "A" attached
-'' hereto and incorporated herein by reference.
m
U
et
• The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet nd peaceable possession of the grantee, his heirs
o and assigns, agai st a 1 and every person or persons lawfully claiming the
w ole o a y .ar. th r of. The singular number shall include the plural,
M t e pl :1 th. s' gula , and the use of gender shall be applicable to all
ry g' ders
a L . A
• RO:ERT W. HUGHES MAR YN A. (HES
5.
al
fA w
II N
fl m
m L
(1 H - IETATE OF COLORADO )
__ OF PITKIN ) ss.
fi .-14CriA:4111 y f egoing instrument was acknowledged before me this 23rd day of May
yes 19 95 , by ROBERT W. HUGHES and MARILYN A. HUGHES
\ ; , ;, n S my hand and official seal �J 19- `_/�`
\, )` LOcnyj omission expires: Notary P is
EXHIBIT "A"
1. Taxes for the year 1996 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract or remove his ore
therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in United States Patent recorded
October 27, 1892 in Book 55 at Page 33.
3. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded September 5, 1968 in Plat Book 3 at Pa ' e
308 and Condominium Map recorded m4 1 _ 1996 in Plat Book at
Page'. — 7
4. All matters set forth in Boundary Agreement and Grant of Revocable
License, recorded December 7, 1993 in Book 733 at Page 971.
5. Terms, conditions, provisions, obligations, easements, restrictions
and assessments as set forth in the Condominium Declaration for
1425 Silverking, a Condominium, recorded May aq, 1996 as Reception
3g
No.313� , deleting therefrom any restrictions indicating
preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status or national origin.
egkJ,1Jif•e\ 4 Zb,„ �,,I3�IL,s
393138 05/29/96 04:19P PG 2 OF 2
_
,f 66
393138 05/29/96 04:r"IP PG 1 OF 2 REC DOC UCC
SILVIA DAVIS F KIN COUNTY CLERK & RECORDErt 11.00 25.20
WARRANTY DEED
THIS DEED, made this 23 day of MAY
1996, between ROBERT W. HUGHES AND MARILYN A. HUGHES
OF THE COUNTY OF PITKIN, STATE OF CO
GRANTOR, AND
SALLIE G. PICKUS
GRANTEE
whose legal address is :
999 CEMETERY LANE, ASPEN, CO, 81611
COUNTY OF PITKIN, STATE OF CO
WITNESSETH, That for and in consideration of the sum of ten dollars
and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and
W O x r conveyed, and by these presents does grant, bargain, sell and convey and
(y H confirm unto the grantee, his heirs and assigns forever, all the real
U) .:4 • property together with improvements, if any, situate and lying and being in
Ply the County of PITKIN, State of COLORADO, described as follows:
oEla
• . CONDOMINIUM UNIT B, 1425 SILVERKING, a condominium according to the
H tl. Condominium Map thereof recorded May j, 1996 in Plat Book S1 at Page
U H /80 , and as defined and described in the Condominium Decla tion for
1:11
1425 Silverking recorded May 1996 as Reception No.,3q 13 i
0
C.) TOGETHER with all and singular the hereditaments and appurtenances
I thereto belonging, or in anywise appertaining, and the reversion and
r.ci reversions, remainders, rents, issues and profits thereof, and all the
l.J estate, right, title, interest, claim and demand whatsoever of the grantor
either in law or equity, of, in and to the above bargained premises, with
L L-C7 the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
le 0
\ with the appurtenances, unto the grantee, his heirs and assigns forever.
2. ft And the Grantor, for himself, his heirs and personal representatives, does
LL ¢ covenant, grant, bargain, and agree to and with the Grantee, his heirs and
O
¢ assigns, that at the time of the ensealing delivery of the presents, he is
• _ O m well seized of the premises above conveyed, has good, sure, perfect,
✓ absolute and indefeasible estate of inheritance, in law, in fee simple,
n
i-J and has good right, full power and lawful authority to grant, bargain,
in
in sell and convey the same in manner and form as aforesaid, and that the
S' same are free and clear from all former and other grants, bargains, sales,
-p liens, taxes, assessments, encumbrances and restrictions of whatever kind
i or nature soever, except those matters as set forth on Exhibit "A" attached
"" w hereto and incorporated herein by reference.
U
w The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet nd peaceable possession of the grantee, his heirs
o and assigns, agai st a 1 and every person or persons lawfully claiming the
w ole o a y .ar. th r of. The singular number shall include the plural,
' t e pl :1 the s' gula , and the use of gender shall be applicable to all
m g= ders
( 01 \ /
A ' ►r i ►,IS c -�� Jar ✓ 1 /Cl�, e.„
RO =ERT W. HUGHES MARI YN A. H HES (,//'
r
m
co w
M N
'3, N
O L
M H - TATE OF COLORADO )
�C TY OF PITKIN ) ss.
`�oi"A(' fn egoing instrument was acknowledged before me this 23rd day of May ,
19 96. , by ROBERT W. HUGHES and MARILYN A. HUGHES
PUDLIC' sr/
\ ` e; I S my hand and official seal \,.J1/- - L CI� " 2
N. •- C ommission expires: / Notary P,'Jlv('I,hc
JUL 22 '96 02 :32PN . 'EN HOLISING OFC P.1
Exhibit B
MEMORANDUM
TO: Bob Nevins, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: July 22, 1996
RE: Pickus Review for Accessory Dwelling Unit at 999 Cemetery Lane
Parcel ID No.
The applicant is seeking approval for a subgrade, 635 square foot ADU,
Accessory dwelling oohs shall contain not less than three hundred (300) square feet of allowable floor
area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be
deed restricted, meeting the housing audwdty's guidelines for resident occupied units and shall be
limited to rental periods of not leas than six (6) months in duration. Owners of the principal residence
shall have the fight to place a qualified employee or employees of his or her choosing in the
accessory dwelling unit.
The kitchen must be built to the following specifications:
Kitchen - For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum cf a two-bumer
stove with oven, standard oink, and a &aibic foot refrigerator plus freezer.
RECOMMENDATION: Staff recommends approval should the following conditions be
met
A the kitchen falls within the definition stated above;
A a deed restriction be recorded before a building permit is issued (this form must be
obtained in the Housing Office); and
A inspection of the unit by the Housing Office before Certification of Occupancy
approval.
\referralgidws.adu
MEMORANDUM
To: Bob Nevins, City Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer iej
Date: July 30, 1996
Re: Pickus Conditional Use Review for an ADU
(1425 Silverking Drive, Unit B, [a.k.a. 999 Cemetery Lane]; 1425 Silverking, A Condominium;
formerly: Lot 1, West Aspen Subdivision, Filing No. 2, City of Aspen, CO)
After reviewing the above referenced application and making a site visit I have the following
comments:
1. Driveway & Parking: The maximum permitted driveway width for this zone
district and for a 60 ft frontage lot dimension is eighteen (18) ft of width for the length of a double
driveway extending from the edge of pavement to the right -of -way line. The existing driveway is_
approximately sixteen (16) ft wide on the Unit B (present applicant) side and adjoining a twelve
(12) ft wide section on the Unit A side of the Mutual Consent Division Line. As such the driveway
should not be widened from its existing width from the edge of street pavement to the right -of -way
line at the northwesterly property line.
No driveway access should be permitted along the Cemetery Lane frontage due to the proximity to
the intersection of Cemetery Ln., Silverking Dr. and Snowbunny Ln. The existing landscaping
obstructs visibility of the existing stop sign on Silverking Dr. thus either regular pruning of the
hedge or other landscaping should be planted to provide adequate visibility of the sign and site
distance to the south on Cemetery Lane. No proposed site nor landscaping plans were provided in
the application materials for our review.
The parking configuration will need to be shown on the final improvement plans submitted for the
building permit application.
2. Trash & Utility The submitted site plan does not indicate locations for these
facilities although water and electric utility meters and service connection points need to be
accessible to service personnel in the completed project and not obstructed by garbage or recycling
containers, other structures or landscaping. Any new surface utilities requiring a pedestal or other
above ground equipment must be installed on an easement provided by the property owner and not
located in the public rights -of -way. The existing easements appear adequate in width on each side
1 OF 2
DRCM1696.DOC
Memo - Pickus Conditional Use ii,cview for an ADU
of the property. All existing and any new easements for utilities shall be shown on the final
improvement plans and any new easements must be recorded prior to issuance of the building
permit.
3. Site Drainage: The new development cannot release more than historic (pre -
development) storm run -off flows from the site and any increase in historic storm run -off flows
must be first routed and detained on the site. A drainage report and plan must be included in the
final improvement plans submitted for the building permit. (No drainage plan shown on submitted
application drawings.)
4. Sidewalk Area: The property owner will be required to execute and record, prior to
building permit issuance, an agreement to construct curb, gutter and sidewalks when needed for the
neighborhood along the Silverking Drive and Cemetery Lane frontages, although none is planned at
this time. A five ft. (5 ft.) sidewalk (or pedestrian area) should remain unobstructed by
improvements including fences, landscape boulders, vegetation; e.g. any new trees must be located
to provide space for and alignment of the future sidewalk with the neighboring sidewalk routes and
grades to either side. The pedestrian usable space must be shown on the final development plan.
5. Encroachments: The proposed easterly walkway leading to Cemetery Lane must be
placed not higher than existing grade so that it does not protrude above the surrounding ground
level in the right -of -way. Street maintenance and snow removal operations may damage or remove
improvements and landscaping placed or extending into the public rights -of -way. The owner is
responsible for construction and maintenance of all landscaping improvements, with prior City
approval, to the edge of pavement.
6. Improvement Survey: A proper improvement survey plat per current 38 -51 C.R.S.
and as amended by city code requirements needs to be submitted in the building permit application.
7. Improvement Districts: The property owner will be required to agree to join any
future improvement districts formed for the purpose of constructing improvements in adjacent
public rights -of -way. The agreement shall be executed and recorded prior to issuance of the
building permit for the project.
8. Record Drawings: Prior to C.O. issuance the building permit applicant will be required
to submit to the Aspen/Pitkin County Data Processing Dept. as- builts drawings for the project
showing the property lines, building footprint, easements, encroachments, entry points for utilities
entering the property boundaries and any other improvements.
2 OF2
DRCM1696.DOC
MESSAGE DISPLAY
TO Bob Nevins
From: Rebecca Schickling
Postmark: Aug 02,96 1:53 PM
Subject: Reply to: Referral Memos
Reply text:
From Rebecca Schickling:
I sincerely apologize. The only issue for Pickus is a tree removal
permit will need to be applied for 2 weeks prior to applying for a
demolition permit.
Preceding message:
From Bob Nevins:
Just a reminder that P/Z packets are due TODAY - Thursday, August 1!
I would like memos for: Pickus ADU (Eng. /Parks) and Colas ADU and
Stream Margin (Eng). The Day Subdivision is on -hold until Planning
and the applicant reach an agreement on the affordable housing
mitigation component of the proposal. Let me know how you're doing
or if there are any problems. THANKS.
X
Exhibit C
393137 05/29/96 04:18P PG 1 OF 1 REC DOC UCC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 6.00
RESTRICTIVE COVENANT
Unit B, 1425 Silverking, a Condominium
KNOW ALL MEN BY THESE PRESENTS, that the undersigned owners of Unit B,
1425 Silverking, a Condominium ' to the Condominium Declaration there for recorded
Maya, 1996, as Reception No. and as shown atAdescribed in the
Condominium Plat thereof recorded 1996 as Reception No,4431S,S in Plat
Book_ at Pase, , all recording reference being to the real property records of Pitkin
County, Colorado ("Unit B"), do hereby publish and declare that the following is and shall be a
covenant that runs with the title to Unit B and shall be a burden thereupon and upon the owner(s)
at anytime thereof for the specific benefit of the City of Aspen, to wit:
At the time of any expansion of Unit B, the owner thereof shall
apply for, din igentty seek from the City of Aspen conditional use
approval for and thereafter construct and install as an appurtenance
to Unit 2 an Accessory Dwelling Unit meeting the minimum
0 requirements of the Land Use Regulations of the City of Aspen. In
r the event the owner of Unit 2 fails to obtain approval for such
Accessory Dwelling Unit, then the Owner shall pay to the City of
Aspen (or, as the case may be applicable, its affordable housing
rj designee), as a condition to obtaining a building permit for such
expansion, an Affordable Housing Impact Fee which shall be
calculated on the basis of the square footage of Unit B at the time
of its creation.
IN WITNESSREOF this Restrictive Covenant has • • made, published and
declared as ofth4Q day of May, 1996.
;w I
R..- .Hughes
i.t A.: ghee
STATE OF COLORADO )
)ss-
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this :]3 day of May, 1996 by
Robert W. Hughes and Marilyn A. Hughes.
Witness my hand and official seal.
My commission expires `\
„, 1. . T�t"( !,i.
Notary Public,
Exhibit D
26.100.040
C. Unallocated surplus allotments. If, on May 31, unallocated development allotments remain unused
they shall automatically be treated as "surplus" allotments and be added to the pool of allotments available
in successive years [see formula, Section 26.100.040(AX3)]. This automatic carryover provision notwithstanding,
the City Council, following a public hearing for which notice has been given pursuant to Section 2652.060
(E)(3)(a), shall be authorized to deny the carryover of allotments and to delete any remaining surplus allotments.
In making its decision, the City Council shall consider the following
1. The community's growth rate over the preceding five -year period;
2. The ability of the community to absorb the growth that could result from a proposed development
that is granted the unallocated allotments, including issues of scale, infrastructure capacity and community
character, and
3. The expected impact from approved developments that have already obtained allotments or exemptions,
but that have not yet been built (Ord. No. 9 -1993, § 2; Ord. No. 54 -1994: Code § 8 -104)
26.100.050 Exemptions.
Several types of development are eligible for exemption from the residential and tourist accommodations
growth management competition and scoring procedures of this article. Some types of exempt development
are deducted from the pool of annual development allotments and metro area development ceilings; others
are not. This section describes the types of development that are exempt from growth management competition
and scoring. The provisions are organized in terms of the decision - making entity with responsibility and authority
for considering exemption requests. The regulations also describe whether exemptions are to be deducted fiuur
the pool of annual development allotments and the metro area development ceilings. See "Allocation Procedures
for Exempt Development," Section 26.100.060(B).
A. Exemption by Community Development Director.
1. General.
a. Tuning of exemption request. No development shall be considered for an exemption by the Community
Development Director until a complete building permit application has been submitted pursuant to Section
26.52.070.
b. Delayed reconstruction of demolished dwelling, hotel and lodge units. An exemption request that
includes a request for an extension of the three -year deadline on reconstruction of demolished dwelling, hotel
and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur
until the Community Development Director has verified the improvements survey.
2. Community Development Director exemptions that are not deducted from the pool of annual development
allotments or from the metro area development ceilings. The following exemptions shall not be deducted from
the respective annual development allotment established pursuant to Section 26.100.040 or from the metro
area development ceilings established pursuant to Section 26.100.030.
a. Remodeling, restoration, or reconstruction of existing buildings.
(1) Remodeling, restoration or reconstruction of existing lodge or multi- family buildings. The remodeling,
restoration or reconstruction of an existing lodge or multi- family buildi g shall be exempt from the growth
management competition and scoring procedures, provided that it does not create additional dwelling, hotel
or lodge units or involve a change of use. No bandit unit shall be remodeled, restored or reconstructed unless
it has first been legalized pursuant to Section 26.40.090.
668
(2) Reconsttuctih. of demolished dwelling, hotel and lodge units. The reconstruction of demolished
dwelling, hotel and lodge units shall be exempt from the growth management competition and scoring procedums,
in accordance with the following standards:
(a) An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel
or lodge units.
(b) The. applicant shall verify, by a letter submitted to and approved by the Community Development
Director. the number of existing legal units on the property prior to demolition and shall agree that reconstruction
will occur pursuant to the terms of this section.
(c) Reconstmction shall occur within five (5) years of demolition, unless an extension of this deadline
is granted by the City Council for good cause.
(d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous
parcel owned by the applicant, unless it is determined that reconsmtction shall be permitted off site pursuant
to Section 26.4.030.
(3) Replacement of structures listed on inventory of historic structures. A structure included on the
inventory of historic structures that is neither an historic landmark nor located within an Historic Overlay
District may be removed from a property and relocated elsewhere within the City of Aspen and need not be
demolished in other for a replacement structure on its original site to be exempted from the growth management
competition and scoring procedures. provided that the structure is designated as an historic landmark in its
new location and all necessary development approvals are obtained from HPC and the Planning and Zoning
Commission.
(4) Replacement of demolished multi- family, residential units. Replacement of demolished multi- family,
residential units shall be subject to the requirements of the Housing Replacement Program.
(5) Remodeling, restoration or expansion of existing single - family or duplex dwellings. The remodeling,
restoration or expansion of existing single - family or duplex dwellings shall be exempt from the growth management
competition and scoring procedures.
b. Historic landmarks. The change of use of an historic landmark that does not increase the building's
existing - floor area ratio shall be exempt from the growth management competition and scoring proced
c. Detached single - family or duplex dwelling unit. The construction of one or two detached residential
units 'or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November
14. 1977. that complies with the provisions of Section 26.88.040(A)(5) or the replacement after demolition -
of one or two detached residential units or a duplex dwelling, or the remodel or expansion of a single family
dwelling into a duoiex dwelling. This exemption shall not be applied to any lot for which any other development
allotment is currently being sought or is approved. This exemption shall only apply if the following standards
are met
(1) Single- family. In order to qualify for a single - family exemption. the applicant shall have three options:
(a) providing an accessory dwelling unit:
•
(b) paying the applicable affordable housing impact fee: or
(c) recording a resident - occupancy deed restriction on the single -family dwelling unit being constructed.
01 (2) Duplex. In order to qualify for a duplex exemption, the applicant shall have four options:
(a) providing one free market dwelling unit and one deed restricted, resident- occupied dwelling unit
with a minimum floor area of one thousand five hundred (1500) square feet:
(b) providing two free market dwelling units and one accessory dwelling unit with a minimum floor
area of six hundred (600) square feet:
(c) providing two deed restricted, resident- occupied dwelling units: or
(d) paying the applicable affordable housing impact fee.
0 CONDOMINIUM DECLARATION
O
u OF
1425 SILVERIONG, A CONDOMINIUM
Name of the Common Interest Community: 1425 SILVERKING, a Condominium
Name of the Association: 1425 SILVERKING CONDOMINIUM ASSOCIATION
Persons executing the Declaration: ROBERT W. HUGHES AND MARILYN A. HUGHES
Legal Description of Property:
Lot 1, West Aspen Subdivision, Filing No. 2
City and Towndte of Aspen
COUNTY OF PITKIN, STATE OF COLORADO
393136 05/29/96 04:14P PG 1 OF 17 REC DOC UCC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 86.00
CONDOMINIUM DECLARATION
OF
1425 SILVERKING, A CONDOMINIUM
THIS DECLARATION is made as oti13, 1996, by Robert W. Hughes and
Marilyn A. Hughes (collectively the 'Declarant ").
RECITALS
A. Declarant is the owner of the following described real estate in the City of
Aspen, County of Pitkin, State of Colorado (herein, the "Real Estate' or "Common Interest
Community"): Lot 1, West Aspen Subdivision, Filing No. 2, City and Townsite of Aspen.
B. Declarant wishes to create a Condominium Common Interest Community in
which portions of the Real Estate are designated for separate ownership and the remainder of which
is designated for common ownership solely by the owners of the separate ownership portions.
THEREFORE, Declarant states as follows:
ARTICLE I
SUBMISSION; DEFINED TERMS
Section 1.1. SubmistisztaReal.E110. Declarant hereby declares that all of the Real
Estate is hereby made subject to the following easements, restrictions, covenants and conditions
which shall run with the Real Estate and be binding on all parties having any right, title or interest
in the Real Estate or any part thereof, their heirs, legal representatives, successors and assigns, and
shall inure to the benefit of each owner thereof. Declarant hereby submits the Real Estate to the
provisions of the Colorado Cantmon interest Ownership Act, C.R.S. § 38- 33.3 -101, et seq., as
amended from time to time (the "Act "). In the event the Act is repealed, the Act as existing
immediately prior to its repeal shall remain applicable.
Section 1.2. Define4 Terms. Each capitalized term not otherwise defined in this
Declaration or on the Plat of 1425 Silverking, a Condominium of record (the "Plat') and used herein
or on the Plat shall have the meanings specified or used in the Act.
393136 05/29/96 04:14P PG 2 OF 17
ARTICLE 2
NAMES; DESCRIPTION OF REAL ESTATE
Section 2.1. Names.
( Common nterest nom mite. The name of the Common Interest
Cotnmunity is 1425 Silverlcing, a Condominium.
(b) The name of the Association is the 1425 Silverking Condominium
Association, an unincorporated association.
ARTICLE 3
THE ASSOCIATION
Section 3.1. Ai The business affairs of the Condominium shall be managed
by the Association.
Section 3.2. Proms. The Association shall have all of the powers, authority, duties,
rights and benefits permitted to an unincorporated association pursuant to the Act. Except as
otherwise provided in this Declaration, when approval of the members of the Association is required,
the Association may only act upon the unanimous consent of its Unit A Member Group and its Unit
B Member Group, and neither Member Group acting alone shall have the power to act for or bind
the Association.
Section 3.3. M mher snips. The Association shall have two (2) member groups,
the Unit A Member Group which is attached to Unit A and the Unit B Member Group which is
attached to Unit B. Membership in the Association shall be automatic on the part of any individual(s)
or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such
individual(s) or entity(ies) no longer have an ownership interest therein.
Section 3.4. F r "rutive Board. Except as otherwise provided in this Declaration or
as required by the Act, the Association shall act through its Executive Board. The Executive Board
will consist of two (2) directors. The Unit A Member Group and the Unit B Member Group shall
each appoint one (1) director. Except as otherwise provided in this Declaration, the Executive Board
may only act by unanimous decision, subject to the terms set forth in Section 3.7 below.
Section 3.5. Notice 4o.Qmers. Any notice to an Owner of matters affecting the the
Common Interest Community by the Association or by another Owner shall be sufficiently given if
such notice is in writing and is delivered personally, by courier or private service delivery or the third
business day after deposit in the mails regular first -class postage prepaid, at the address of record for
real property tax assessment notices with respect to that Owner's Unit.
393136 05/29/96 04:14P PG 3 OF 17
Section 3.6. Waiver of T .ien Prinrity Rights. Declarant and each Owner understands
and intends, by use of an unincorporated association, that the Association will not have the benefit
of lien priorities provided in the Act for incorporated associations.
Section 3.7. Deana.
(a) Definitinf. "Deadlock" shall mean a written statement that there is
a " Deadlock" made by a member of the Executive Board to the other member of the Executive Board
after a formal vote in which member of the Executive Board votes for or against a proposition and
the other member votes differently or refuses to vote, concerning 0) the amount of Insurance, (ii) the
company to provide the Insurance or the budget therefor, (di) the required degree of Maintenance,
(iv) the manner in which Maintenance will be accomplished, including without limitation the
company to provide or manage the Maintenance, (v) the budget for Maintenance, (vi) common utility
(if any) cost allocation, or (vii) architectural features to be incorporated into the expansion of either
Unit. In all other instances, the failure of the Executive Board to agree shall mean that no decision
is *made.
(b) BtsakingaDradlack. In the event of a Deadlock, the Executive Board
shall take another vote on the proposition. If that vote is not unanimous, then a decision that resolves
the Deadlock issue shall be made by a person (the " Tie - breaker ") appointed for that purpose by the
members of the Executive Board, if they can so agree within two (2) business days, or thereafter at
the request of either member of the Executive Board, by the then-current president of the Aspen
Board of Realtors. Each member of the Executive Board shall submit to the Tie - breaker a written
proposal to resolve the Deadlock within two (2) business days after the appointment of the Tie-
breaker. The Tie- bmloer shall (a) in the case of disagreement over a proposed architechtural feature,
be a local architecht with no less than five (5) years' experience in the Aspen area, and (b) in all other
mattes on which there is disagreement, be an individual with no less than five (5) years' experience
in Aspen residential property management. In all events, the Tie-breaker shall not be related to or
under common ownership or control with the owner(s) of either the Unit A Member Group
Unit B Member Group, shall make a decision in good faith and using reasonable judgment only
by selecting the entire proposal submitted by one of the Executive Board members, and shall allocate
the costs of the proceeding to one Member Group or between them both, as the Tiebreaker deems
fair and reasonable. If the president of the Aspen Board of Realtors fails or refuses to make such
appointment, or if the person so appointed fails or refuses to act, then either member of the Executive
Board shall have the right to petition the chief judge of the Pitkin County District Court to appoint
such person.
393136 05/29/96 04:14P PG 4 OF 17
-3-
ARTICLE 4
UNITS
Section 4.1. Nmnher of tits. The number of Units in the Common Interest
Community is two (2), exclusive of any Accessory Dwelling Unit that may be constructed within the
Common Interest Community, as provision therefor is made in Article 8, below.
Section 4.2. . The identification number of each Unit is shown
on the Plat.
Section 4.3. Unit Arn+ntries. The boundaries of each Unit are located as shown on
the Plat.
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS
Section 5.1. Canumaxpenses. The only Common Expenses of the Association are
for (a) Maintenance, as defined in Section 6.1 below, and (b) Insurance, as defined in Section 6.2
below.
Section 5.2. ,C tine of ssnciation Lien and Personal Obligntinn to Pay Common
E PeOse SSAI na . Each Owner, by acceptance of a deed to its Unit, shall be deemed to covenant
and agree to pay to the Association annual Common Expense assessments. Such assessments shall
also include late charges, attorney fees and costs of collection charged by the Association. All
Common Expense assessments shall be the personal obligation of the Owner at the time when the
assessment becomes due. No Unit Owner shall convey its Unit unless and until all suns due the
Association and not assumed by the transferee are currently paid. The Common Expense assessments
shall be a continuing lien upon the Unit against which each such assessment is made and is subject
to the Association's right to foreclose as provided by the Act. Acceleration of any installment of the
annual Common Expense assessment shall be in the Association's sole discretion on a case by case
basis.
Section 5.3. ApportinamentarannlinEza. With the exception of common
utility costs, for which provision is made in Section 5.7, below, Common Expenses shall be assessed
against the Units on the basis of sixty percent (60 %) to Unit A and forty percent (40 %) to Unit B.
Section 5.4. Animal Asaeaament/Cammenrement of Common Expense Assenmellti.
The Conunon Expense Assessments shall be based upon the Association's advance budget of the cash
requirements needed by it to provide Insurance and Maintenance during such assessment year.
393136 05/29/96 04:14P PG 5 OF 17
-4-
Section 5.5. . A special assessment is any assessment that is not
levied pursuant to an approved budget. The Association may levy one or more special assessments
only to provide, with respect to the General Common Elements, for liability claims or for repair or
replacement, to the extent not covered by Insurance, or to provide for extraordinary Maintenance,
if the Executive Board so determines.
Section 5.6. . Any assessment provided for
in this Declaration, or any installment thereof, which is not fully paid within fifteen days after the
due date thereof shall bear interest at the rate of twenty-one percent (21 %) per annwrt. Further,
following ten (10) days' notice in writing given to the Owner, the Association may bring an action
at law or in equity, err both, against any Owner personally obligated to pay such overdue assessment,
or installments thereof, may accelerate the due date for payments of all installments remaining for
the budget year, and may also proceed to foreclose its lien against such Owner's Unit, provided that
the Owner shall have the right, until die date of sale in the foreclosure proceeding, to cure the
delinquency upon payment to the Association of the amount due, including interest and costs. An
action at law or in equity by the Association against an Owner to recover a money judgment for
unpaid assessments or installments thereof, may be commenced and pursued by the Association
without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of
collecting upon an unpaid assessment the provisions of Article 3 above need not apply and the non -
delinquent Owner, acting a(ane, shall have the right in the name of the Association and on its behalf
or, as may be necessary, in the name of such non - delinquent owner, to do and pursue all things that
the Association is authorized to do under this Declaration in the case of a delinquent assessment, and
reference is made to the provisions of Sections 7.10 and 11.3, below.
Section 5.7. Cnn 1 i i ies. In the event of any common utilities (i. e., those, if
any, which have not been separately metered to the two Units) the Owners shall bear the costs thereof
in such proportion as they shall, from time to time, agree taking into account occupancy status and
such other factors as may be relevant and, upon their failure so to agree, the costs thereof shall be
allocated to them based upon the determination of the Tie - breaker.
ARTICLE 6
MAINTENANCE AND INSURANCE
Section 6.1. MSintenatte.
( snc intin a Rcc_doasihility. The Association shall be responsible for
the maintenance and repair (including removal of snow, leaves and debris, "Maintenance ") of all
those portions of the Common Interest Community whose maintenance and repair has not been
assigned to the Owners by the remaining provisions of this Section 6.1.
-5 -
-- - n— . -I
(b) ibtaltentlIralibilitts For purposes of maintenance, repair, alteration
and remodeling, an Owner shall be deemed to own, and shall have the right and the obligation to
maintain, repair, alter and remodel the interior non-supporting walls, the materials making up the
finished surfaces of the pernneter walls, ceilings and floors within the Unit, as well as the doors and
windows of the Unit, any and all new additions to a Unit hereafter made by the Owner thereof,
including any new fence or other structure enclosing a patio, balcony, yard or deck area, and the
Limited Commas Elements reserved for the exclusive use of the Owner of the Unit. An owner shall
not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Utilities')
running through such Owner's Unit but which serve both Units, except in common with all Owners.
Each Owner shall, at such Owner's sole cost and expense:
i. keep and maintain in good order and repair the
equipment and those Utilities located in such Owner's Unit, which serve that Unit aclusively;
H. maintain in a clean, safe and attractive condition and
in good repair the interior of such Owner's Unit, including the fixtures, doors and windows thereof,
the improvements affixed thereto, and that portion of the roof serving such Unit
iii. maintain in a neat and clean condition the yard and
all exterior building surfaces on such Owner's side of the Mutual Consent Usage Division Line
(defined in Section 7.4, below), including all facade materials and all the decks, porches, roof,
balconies or patio areas, which have elsewhere in this Declaration been reserved to and for the
exclusive use of such Owner, including the Limited Common Elements that have been so reserved.
Section 6.2. Insurance.
( Asgnciatinn's 1nsiintte. The Association shall maintain property
insurance on the General Common Elements for not less than the full insurable replacement cost
thereof and commercial general liability insurance in such minimum amounts as the Executive Board
may establish from time to time, as provided by C.R.S. $ 38-33.3 -313 of the Act, the provisions of
which are incorporated herein by this reference. Each such insurance policy shall be written with
an insurance company licensed to do the business of insurance in the State of Colorado and shall have
a rating of "A" or better as shown in the published rating of AM Best Company.
(b) (hvnrn inairance. Each Owner shall maintain such property and
liability insurance with respect to its Unit as such Owner may establish from time to time. Each
Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the
insurance company waives all right of recovery by way of subrogation against other Owners and the
Association in connection with any damage covered by any policy.
(c) Waivers. Subject to obtaining a waiver of subrogation endorsement
required by the Act, the Owners release each other and the Association, and their respective
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-93136 05/29/96 04:14P PCB 7 OF 17
authorized representatives, from any claims for damage to any person or to the Units that are caused
by or result from risks insured against under any insurance policies carried by the Owners or the
Association and in force at the time of any such damage.
(d) athastintniggairfleplace. In the event of a casualty with respect
to the General Common Elements, the Association shall repair or replace the improvements as
necessary to restore them to their condition before the casualty event. As provided by the Act, the
proceeds of the insurance carried by the Association shall be used for such purpose and the
Association shall be the trustee to receive the insurance awards and cause the repair or replacement
to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds,
the amount necessary to effect such restoration as determined by the Executive Board shall be a
Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however,
that the Executive Board shall reallocate such assessment between the Unit A and Unit B Member
Groups to the extent that the restoration does not benefit both Units substantially proportionately to
their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the
misconduct, oversight or neglect (including a failure properly to maintain) of an Owner, the amount
needed to effect the restoration after use of the Association's and such Owner's imurance proceeds
shall be assessed exclusively against such Owner's Unit.
Section 6.4 Beatnratinn Tipnn (..nndemnatinn.
(a) Tntal Taking. In the event of a tatting of the total Real Estate by
eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's
Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After
acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the
Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners
shall vacate the Units as a result of such taking.
(b) partial Tak inv In the event of a partial taking of the Real Estate by
eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall
be entitled to receive the award of such taking and after acceptance of the award of the taking by the
Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested
of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit
or said portion thereof as a result of such taking. The remaining portion of the Unit shall be
resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. If the taking
includes all or a portion of the General Common Elements then, unless the Owners decide not to
rebuild, the remaining General Common Elements shall be restored by the Association using the
condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the
amount necessary to effect such restoration as determined by the Executive Board shall be a Common
Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the
Executive Board shall reallocate such assessment between the Unit A and Unit B Member Groups
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to the extent that the restoration benefits do not benefit both Units substantially proportionately to
their allocated interests.
ARTICLE 7
RESTRICTIONS ON USE
Section 7.1. N visa and NcgIig XC F.n 'r mental anditi s. There shall be
no noxious or offensive activities carried on, in or upon any Unit or Common Element, and no loud
noises or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing
shall be done in the Common Interest Community which may be or become an unreasonable
annoyance or a nuisance to any other Owner or any occupant of any Unit. The Executive Board shall
have the right to determine if any activity, noise or odor constitutes a nuisance or annoyance;
provided, however, that nothing shall prevent any Owner (m such Owner's own name) from enforcing
the provisions of this Article by bringing suit or otherwise. No Owner or occupant of any Unit shall
permit or cause anything to be done or kept on the Condominium which will increase the rate of
Insurance or which will result in the cancellation of such Insurance. Each Owner shall be
accountable to the Association and the other owner for the uses and behavior of its tenants or guests.
Section 7.2. Structural Integrity. Nothing shall be done to any Unit or the Commas
Elements that will impair the structural integrity of any improvements on the other Unit or the
Common Elements unless prior written unanimous authorization is obtained from the Executive Board
or from the other Owner, as appropriate.
Section 7.3. Restriction Up n Occup ncy. Each Condominium Unit shall be used
and occupied solely for, except as the Owners might otherwise agree, residential purposes only, and
except as provided in this section, tw trade or business of any kind may be carried on therein. Lease
or rental of a Condominium Unit for lodging or residential purposes shall not be considered to be a
violation of this covenant. Similarly, the maintenance of a home office shall not be considered to be
a violation of this restriction so long as the nature of the business involved is such that, for all
outward intents and purposes, no business or commercial activity is being conducted in the Unit. In
no event shall more than ten (10) people be in occupancy in either Unit at any one time.
Section 7.4. M Concept T Tngr TZivisior Tine. Those portions of the General
Common Elements west of the line marked Mutual Consent Usage Division Line on the Plat shall
be for the exclusive use of the Owner of Unit A and those portions of the General Common Elements
east of the IS so marked shall be for the exclusive use of the Owner of Unit B. Except as elsewhere
in this Section 7.4 provided, no Owner shall be entitled to use the exclusive areas set aside for the
other Owner in this paragraph without the express written consent of the other Owner, anything in
this document or drown on the Plat to the contrary notwithstanding; provided, however, that a valid
easem ent over and under each area of exclusive use (the "Cross Easements") shall and does exist for
the benefit of the Owner otherwise not entitled to use such area for purposes of the installation and
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_ inn t ra /.. 1 SD on Q nr 17
maintenance below -ground of utility and infra- structure systems now or hereafter serving either or
both Units. Either Owner shall have the absolute right to install fencing along any portion of the
Mutual Consent Usage Division Line or within such Owner's area of exclusive use, so long as all
such fencing is aesthetically compatible with the remaining building improvements within the
Common Interest Community and utilization of the Cross Easements is reasonably acconodated.
Nothing by the actual location of any such fencing shall affect, modify or be deemed to vary the
location of the Mutual Consent Usage Division Line as shown on the Plat, or the legal effect and
consequence of such line, as provided in this Section 7.4.
Section 7.5. No.11asightliness. No unsightliness or waste shall be permitted on or
in any part of the Common Interest Community. Without limiting the generality of the foregoing,
no Owner shall keep or store anything on or in any of the General Common Elements. No Owner
shall have, erect, affix or place anything on any of the General Common Elements (except for
decorative items within the Owner's Unit), and nothing shall be placed on or in windows or doors
of Units which would or might create an unsightly appearance. All trash shall be collected in areas
designated by the Association. No wiring, television antennae, or otter items may be installed which
protrude through windows, watts or roof areas, except as expressly authorized by the Association or
this Declaration.
Section 7.6. Nn Violation of Rulec. No Owner and no Owner's tenants, guests or
invitees shall violate the rules and regulations adopted from time to time by the Association, whether
relating to the use of Units, the use of General or Limited Common Elements, or otherwise.
Section 7.7. pater_Causerifiamages. If, due to the act or neglect of an Owner or
such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property,
including the Common Interest Community or any Unit thereon, such Owner shall be liable or
responsible for the same, except to the extent that such damage or loss is covered by insurance
obtained by the Association, and the carrier of the insurance has waived rights of subrogation against
such Owner. The amount of such lass or damage may be collected by the Association from such
Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount
(including reasonable attorneys' fees) shall be secured by a lien on the Condominium Unit of such
owner, as provided hereinabove, for assessments or other charges.
Section 7.8. Lees. With the exception of any lease for any Accessory Dwelling
Unit constructed or installed in connection with the expansion of Units, for which provision is made
in Article 8, below, no Owner may lease less than that Owner's entire Condominium Unit, and all
leases shall be in writing. All leases shall provide that the terms of the lease are subject, in all
respects, to the provision s of this Declaration, and to the provisions of any rules and regulations,
decisions or resolutions of the Association or the Executive Board.
Section 7.9. AthmaiRestrictions. An Owner shall be absolutely liable to the other
Owner and their families and guests fir any unreasonable noise or damage to any person or property
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C ens• -,t roe ,+n.nr rat.. en nn 1.i f1C 17
caused by any animal brought or kept on the Property by such Owner or by members of his family
or his guests.
Section 7.10. &ft. The Association, any member of the Executive Board
and any Owner shall have the right to enforce this Declaration and the rules and regulations of the
Association and the right to collect costs and expenses (including without limitation attorneys' fees)
incurred in any enforcement action.
ARTICLE 8
EXPANSION OF UNITS
Section 8.1. central At the time of the recordation of this Declaration, the Real
Estate is of a size sufficient to accomodate a two-family (commonly referred to as a duplex) structure
of 4,920 square feet of floor area ("FAR''), as that term is defined and construed under the provisions
of Chapter 24 of the Municipal Code of the City of Aspen, Colorado (the "Code'). At the present
time the building improvements within the Common Interest Community have not been constructed
to the maximum FAR. Both Units of the Common Interest Community may therefore be expanded,
subject to the limitations and constraints of this Article 8.
Section 8.2. I lnit A Fxpansinn Unit A may be expanded up to a maximum size of
3,000 square feet of FAR. Except to the extent of the limitations thereon set forth below, no
expansion of Unit A shall occur above or over the existing height of Unit A that is any closer to Unit
B than the point that is eight (8) feet in from the wall common to the present kitchen and dining area
of Unit A ( the "Easternmost Expansion Point'), but nothing hereby shall preclude the construction
and installation over any portion of the present kitchen and garage areas of Unit A of open decks, roof
gardens or skylights as appurtenances to Unit A. Any expansion of Unit A beyond the Easternmost
Expansion Point shall be governed by the following restrictions: measured from the bottom surface
of the existing garage ceiling, the distance to the topmost point of any such expansion, including
railings and skylights shall be no more than 56 inches in height. In addition, no part of any expansion
shall in anyway obstruct the windows in the westernmost wall of Unit B.
Section 8.3. Unit B Expansion_ Unit B may be expanded up to a maximum size of
1,920 square feet of FAR. In addition, the Unit B Owner shall have the first right to construct or
otherwise incorporate into Unit B an Accessory Dwelling Unit ( "ADU'), as that term is defined in
and by the Code. In the event the Unit B Owner chooses not to construct or incorporate an ADU in
conjunction with the initial expansion of Unit 8, the right so to construct the ADU shall then pass to
whichever of the two Owners first decides and receives approval from the City of Aspen so to
construct and incorporate the ADU into such owner's Unit.
- 10 -
Section 8.4. SubsamaChangalinni. In the event the City of Aspen reduces the
FAR available for expansion prior w expansion of either Unit, then Unit A may be expanded to a size
that results in a unit that consumes sixty percent (60 %) of the available FAR and Unit B may be
expanded to a size that results in a unit that consumes forty percent (40 %) of the available FAR. In
the event the City of Aspen reduces the available FAR for expansion after the full expansion of one
but not the other Unit, such that the unexpanded Unit is no longer able to be expanded to the
dimensions set forth above in Sections 8.2 (in the case of Unit A) or 8.3 (in the case of Unit B), then
the unexpanded Unit shall be entiltled to be expanded to the extent of all the then unutilized and
available FAR. In the event the City of Aspen reduces the FAR after the partial expansion of either
or both Units, then the unutilized and available FAR shall thenceforth be deemed allocated among
the two Units such that Unit A may be expended to sixty (60 %) of the then total allowable FAR, and
Unit B may be expanded to forty percent (40 %) of the then total allowable FAR. In the event the
City of Aspen increases the FAR available for expansion, sixty percent (60 %) of the increase shall
be allocated to Unit A and forty percent (40 %) of the increase shall be allocated to Unit B.
Section 8.5. Cmmnatihility. In connection with any expansion, the Owner proposing
such expansion shall present such Owner's plans to the other Unit Owner for such Owner's review
and comment, and the expanding Owner shall reasonably attempt to accomodate the concerns of the
other Owner, to the end that expansion of either Unit shall be accomplished in the manner that
maximally preserves the aesthetic compatibility of both Units. In the event the Owners are unable
to agree upon a given architectural feature within seven (7) days of its proposal, their disagreement
in this respect shall be resolved by the Tie - breaker. In the event the Owners are unable to agree upon
compatible exterior colors for the painted exterior surfaces of their respective Units should the
Owner(s) of either or both Units wish to change such colas, their disagreement in this respect shall,
in the first instance, be decided by simple coin toss, with the winner being entitled to select the color
scheme and the loser being given the right so to select at the time of re- painting, and so on in rotating
fashion. Nothing by this Section 8.5 shall preclude the Owners from determining that it is in their
mutual best interest that the two Units of the Common Interest Community read as entirely separate
units, in which event the exteriors of the two Units shall at all times remain complementary.
ARTICLE 9
EASEMENTS AND LICENSES
Section 9.1. Besading.Data. All easements and licenses to which the Condominium
is presently subject are recited in Exhibit A. In addition, the Condominium may be subject to other
easements or licenses granted by the Declarant pursuant to this Declaration or on the Plat.
• Section 9.2. Common Fitments Faaement. Each Unit Owner has a right and
easement of enjoyment in and to the Common Elements, which shall be appurtenant to and shall pass
with the title to every Unit subject to the provisions contained herein. Every Owner shalt have a non-
- 11 -
exclusive easement over, under and across the Conunon Elements subject, however, to the provisions
of Section 7.4, above. In the event of future construction within a Unit, each Unit Owner shall also
have the right, otter giving written notice to the members of the Executive Board and notwithstanding
the provisions of Section 7.4, above, to overdig into the Common Elements and temporarily brace
any excavation or existing foundations within a Unit. After such temporary use, the constructing Unit
Owner shall, at its sole expense, restore and repair the Common Elements to the condition existing
prior to such eanstruction work. By undertaking work within the Common Elements, the constructing
Unit Owner agrees to defend, indemnify and hold harmless the other Unit and the other Unit Owners
from and against all claims arising out of or relating to such construction, including without limitation
for injury to persons or property and for mechanics' and materiatmen's liens.
Section 93. Easements fm' rmmn�, ai Ms aa.ce a Utilities. Reciprocal
Easements (among all Units and Conmwn Elements) are hereby declared to exist over and under the
Real Estate and all areas thereof for the existing electric, telephone, water, gas, and sanitary and
storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes,
cable or master television antenna lines, drainage facilities, garbage chutes, stain, walkways, and
landscaping, and for the repair, replacement and maintenance of the same, as needed to service the
Real Estate and/or the individual Units. Each Owner has the right, at its sole expense and after
giving written notice for at least one (1) business day to the other Owner, to relocate such lines and
facilities within its Unit; provided, however, that such relocation shall be accomplished without
interrupting the need of the other Owner for the use of such fines or facilities (including the providing
of temporary service, if necessary), except as such other Owner specifically permits.
Section 9.4. E.n c c hment Easements. Each Owner has an easement over the
adjoining Unit(s) for the purpose of accommodating any encroachment dare to engineering errors,
errors in original construction, reconstruction, repair, settlement or shifting or movement of the
building, or any other similar cause. There shall be valid easements for the maintenance of said
encroachments so long as they shall exist, and the rights and obligations of Owners shall not be
altered in any way by said encroachment, settlement or shifting; provided, however, that in no event
shall a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners.
In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially
the same manner as originally constructed, the Owners agree that minor encroachments over the
abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said
encroachments so long as they shall exist.
ARTICLE 10
RIGHT OF FIRST REFUSAL
Section 10.1. Nance. In the event any Owner of a Condominium Unit shall wish to
sell the same, and shall have received a bona fide offer from another person, the selling Owner shall
-12
give written notice thereof to the other Owner(s), together with a copy of such offer and the teens
thereof.
Section 10.2. Ejght.tcaurcl3ase. The other Owner(s) shall have the right to purchase
the subject Condominium Unit upon the same teens and conditions as set forth in the offer therefor,
provided that written notice of such election to purchase, together with a matching down payment or
deposit, is given to the selling Owner, or his agent, during the twelve (12) day period immediately
following the giving of the notice of the offer to purchase.
Section 10.3. Failure m Close. Closing of the purchase transaction pursuant to the
exercise of a right of first refusal as provided in this paragraph shall be in accordance with the terms
of the offer upon which the exercise is based. If the non- selling Owner does not exercise his right
of first refusal, or having exercised his right fails to close upon the purchase transaction, the selling
Owner may sell his Condominium Unit to the person and upon the terns and conditions as set forth
in the offer at any time within sixty (60) days after closing date originally set forth in the offer.
Section 10.4. RightlaaCitthilikeddllnYillfilanSila. In the event any Owner shall
attempt to sell his Condominium Unit without affording to the other Owner(s) the right of first refusal
herein provided, such sale or lease shall be avoidable, and may be avoided by a certificate of non-
compliance duly recorded in the office of the Cleric and Recorder of Pitkin County, Colorado by the
other Owner. However, in the event the other Owner has not recorded such a certificate of non-
compliance within one (1) year from the date of recording of a deed delivered in violation of this
paragraph, such a conveyance shall be conclusively deemed to have been made in compliance with
this paragraph and no longer avoidable.
The failure or refusal of the other Owner to exercise the right to so purchase shall not
constitute or be deemed to be a waiver of such right to purchase or lease when an Owner receives any
subsequent bona fide offer from a prospective purchaser or tenant.
Section 10.5. Fad. In the event of any default on the part of an Owner
under any first mortgage which entitles the holder thereof to foreclose the same, any sale under such
foreclosure, including delivery of a deed to the fast mortgagee in lieu of such foreclosure, shall be
made free and clear of the provisions of this paragraph, and the purchaser or grantee under such deed
in lieu of foreclosure of such Condominium Unit shall be thereupon and thereafter subject to the
provisions of this Declaration and the Bylaws. If the purchaser in lieu of such foreclosure shall be
the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter sell
and convey the Condominium Unit free and clear of the provisions of this paragraph, but its grantee
shall thereupon and thereafter be subject to all of the provisions thereof.
The following transfers of a Condominium Unit are also exempt from the provisions
of this paragraph:
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(1) The transfer by operation of law of a deceased joint tenant's
interest to the surviving joint tenant(s);
(2) The transfer of a deceased's interest to a devisee or devisees
by will or to his heirs at law under intestacy laws;
(3) The transfer of an Owner's interest by treasurer's deed pursuant
to a sale for delinquent taxes;
(4) The transfer of all ar any part of a partner's interest as a result
of withdrawal, death or otherwise, to the remaining partners carrying on the partnership
business, and/or to a partner's or partners' interests between one or more partners, and/or to
persons becoming partners;
(5) The transfix of a corporation's interest to the persons formerly
owning the stock of the corporation as a result of a dissolution. A transfer to the resulting
entity following a corporate merger or consolidation; provided, however, that at least fifty
percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium Unit;
(6) The sale or transfix of all or any portion of an Owner's interest
in a Unit to a family member or blood relative; and
(7) The sale or transfer of either Unit by the Declarant.
If the Owner of a Condominium Unit can establish to the satisfaction of the Managing
Agent or Board of Directors that a proposed transfer is not a sale, then such a transfer shall not be
subject to the provisions of this paragraph.
Section 10.6. Certificate of Compliance. Upon written request of any prospective
transferee, purchaser or an existing or prospective mortgagee of any Condominium Unit, the
Managing Agent or Board of Directors of the Association shall forthwith, or where time is specified,
at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing:
(1) With respect to a proposed sale under this paragraph that proper
notice was given by the selling Owner, and that the other owner did not elect to exercise this
option to purchase;
(2) With respect to a deed to a first mortgagee or its nominee in
lieu of foreclosure, and a deed from such first mortgagee or its nominee, pursuant to this
paragraph, that the deeds were in given in lieu of foreclosure, and were not subject to the
provisions of this paragraph; and
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393136 05/29/96 04:14P PG 15 OF 17
(3) With respect to any contemplated transfer which is not in fact
a sale that the transfer will not be subject to the provisions of this paragraph.
Such a certificate shall be conclusive evidence of the facts contained therein.
ARTICLE 11
MISCELLANEOUS
Section 11.1. When C.nnwnt nr Anthnrintinn Nnt Nrcnaaary Notwithstanding
anything in this Declaration to the contrary, whenever the consent or authorization of the Association
or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or
authorization of the Association shall thereby be deemed given, if the Owner seeldng such consent
or authorization has obtained the consent or authorization of the remaining Owners of the Common
Interest Community.
Section 11.2. Jetty. Each Owner ( "Indemnifying Owner ") agrees to indemnify
and hold the other Owner ( "Other Owner ") blameless and harmless of, from and against any loss,
claim, demand or obligation (including costs of defense and attorneys' fees) of whatsoever nature
occasioned by or in any manner resulting or ennanating from any work done at the behest of the
Indemnifying Owner on such owner's Unit or labor, services or materials furnished to such owner
or such owner's Unit and will maintain the Other Owner's Unit, as well as that portion of the
Common Elements exclusively reserved to such Other Owner,as provided in Section 7.4, above,
entirely lien free through payment or suitable substitution bond and, upon the failure of the
Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its
discretion, determines to be necessary to effect the release and discharge of the lien from such Other
Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing,
together with inearst at the per annum rate of 21 % shall be repaid by the Indemnifying Owner upon
demand. Until repaid, the obligation so to do shall be secured by a lien against the Unit of the
Indemnifying Owner, notice of which may be given by the Other Owner in the applicable real
property records, and which may be foreclosed as in the case of a mortgage. In any such foreclosure
proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees.
Section 11.3. AdditionaMightssfEnforcement. Each of the covenants, obligations
and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept,
discharged or performed is intended to and shall be deemed to be for the specific benefit of the other
Unit Owner to the end that, in the event of the failure or inability of the Association to enforce any
provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting
alone, shall have the right in the name of the Association and on its behalf or, as the case may be
necessary or advisable, in the name of such remaining Owner and on his, her or its behalf to
conunence, maintain and obtain judgment under an action for damages, for specific performance, or
for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting
-15
Inn teat 1711..1 n on t4 nr 1 7
Owner the remaining t,.+ner shall be entitled to his, her or its cc.,.-4 and reasonable attorneys fees as
a part of any judgment entered for such Owner, and whether or not the relief obtained, including any
damages, is less than what was sought.
L Q IN WITNESS t I F, the 1 ,: this Declaration to be executed
this(3 day of May, 1996.
LA A
Robert W. Hughes
•
(f aril . Hughes
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was aclmowledged before me this j5 day of May, 1996,
by Robert W. Hughes and by Marilyn A. Hughes.
WITNESS my hand and official seal.
My commission expires:
(SEAL) ` C
Notary Public
J ( J 111
r.s. a1425
1 40 4 ,
st .c ,
393136 05/29/96 @4:14P PG 17 OF 17
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(1) The transfer by operation of law of a deceased joint tenant's
interest to the surviving john tenant(s);
(2) The transfer of a deceased's interest to a devisee or devisees
by will or to his heirs at law under intestacy laws;
(3) The transfer of an Owner's interest by treasurer's deed pursuant
to a sale for delinquent taxes;
(4) The transfer of all or any part of a partner's interest as a result
of withdrawal, death or otherwise, to the remaining partners carrying on the partnership
business, and/or to a partner's or partners' interests between one or more partners, and/or to
persons becoming partners;
(5) The transfer of a corporation's interest to the persons formerly
owning the stock of the corporation as a result of a dissolution. A transfer to the resulting
entity following a corporate merger or consolidation; provided, however, that at least fifty
percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium Unit;
(6) The sale or transfer of all or any portion of an Owner's interest
in a Unit to a family member or blood relative; and
(7) The sale or transfer of either Unit by the Declarant.
If the Owner of a Condominium Unit can establish to the satisfaction of the Managing
Agent or Board of Directors that a proposed transfer is not a sale, then such a transfer shall not be
subject to the provisions of this paragraph.
Section 10.6. Certificate of t^.nmpiiance. Upon written request of any prospective
transferee, purchaser or an existing or prospective mortgagee of any Condominium Unit, the
Managing Agent or Board of Directors of the Association shall forthwith, or where time is specified,
at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing:
(1) With respect to a proposed sale under this paragraph that proper
notice was given by the selling Owner, and that the other owner did not elect to exercise this
option to purchase;
(2) With respect to a deed to a first mortgagee or its nominee in
lieu of foreclosure, and a deed from such first mortgagee or its nominee, pursuant to this
paragraph, that the deeds were in given in lieu of foreclosure, and were not subject to the
provisions of this paragraph; and
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393136 05/29/96 04:14P PG 15 OF 17
(1) The transfer by operation of law of a deceased joint tenant's
interest to the surviving joint tenant(s);
(2) The transfer of a deceased's interest to a devisee or devisees
by will or to his heirs at law under intestacy laws;
(3) The transfer of an Owner's interest by treasurer's deed pursuant
to a sale for delinquent taxes;
(4) The transfer of all or any part of a partner's interest as a result
of withdrawal, death or otherwise, to the remaining partners carrying on the partnership
business, and/or to a partner's or partners' interests between one or more partners, and/or to
persons becoming partners;
(5) The transfer of a corporation's interest to the persons formerly
owning the stock of the corporation as a result of a dissolution. A transfer to the resulting
entity following a corporate merger or consolidation; provided, however, that at least fifty
percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium Unit;
(6) The sale or transfer of all or any portion of an Owner's interest
in a Unit to a family member or blood relative; and
(7) The sale or transfer of either Unit by the Declarant.
If the Owner of a Condominium Unit can establish to the satisfaction of the Managing
Agent or Board of Directors that a proposed transfer is not a sale, then such a transfer shall not be
subject to the provisions of this paragraph.
Section 10.6. (Certificate of Compliance. Upon written request of any prospective
transferee, purchaser or an existing or prospective mortgagee of any Condominium Unit, the
Managing Agent or Board of Directors of the Association shall forthwith, or where time is specified,
at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing:
(1) With respect to a proposed sale under this paragraph that proper
notice was given by the selling Owner, and that the other owner did not elect to exercise this
option to purchase;
(2) With respect to a deed to a first mortgagee or its nominee in
lieu of foreclosure, and a deed from such first mortgagee or its nominee, pursuant to this
paragraph, that the deeds were in given in lieu of foreclosure, and were not subject to the
provisions of this paragraph; and
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393136 05/29/96 04:14P PG 15 OF 17
(3) With respect to any contemplated transfer which is not in fact
a sale that the transfer will not be subject to the provisions of this paragraph.
Such a certificate shall be conclusive evidence of the facts contained therein.
ARTICLE 11
MISCELLANEOUS
Section 11.1. when Consorts nr Authnriratinn Neu Nerraaary, Notwithstanding
anything in this Declaration to the contrary, whenever the consent or authorization of the Association
or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or
authorization of the Association shall thereby be deemed given, if the Owner seeking such consent
or authorization has obtained the consent or authorization of the remaining Owners of the Common
Interest Community.
Section 11.2. hylnsnity. Each Owner ( "Indemnifying Owner ") agrees to indemnify
and hold the other Owner ( "Other Owner ") blameless and harmless of, from and against any loss,
claim, demand or obligation (ncluding costs of defense and attorneys' Seen) of whatsoever nature
occasioned by or in any manner resulting or emanating from any work done at the behest of the
Indemnifying Owner on such owner's Unit or labor, services or materials furnished to such owner
or such owner's Unit and will maintain the Other Owner's Unit, as well as that portion of the
Common Elements exclusively reserved to such Other Owner,as provided in Section 7.4, above,
entirely lien free through payment or suitable substitution bond and, upon the failure of the
Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its
discretion, determines to be necessary to effect the release and discharge of the lien from such Other
Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing,
together with interest at the per annum rate of 21 % shall be repaid by the Indemnifying Owner upon
demand. Until repaid, the obligation so to do shall be secured by a lien against the Unit of the
Indemnifying Owner, notice of which may be given by the Other Owner in the applicable real
property records, and which may be foreclosed as in the case of a mortgage. In any such foreclosure
proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees.
Section 11.3. Addilionalaightli.ditharCeMent. Each of the , obligations
and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept,
discharged or performed is intended to and shall be deemed to be for the specific benefit of the other
Unit Owner to the end that, in the event of the failure or inability of the Association to enforce any
provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting
alone, shall have the right in the name of the Association and on its behalf or, as the case may be
necessary or advisable, in the name of such remaining Owner and on his, her or its behalf to
commence, mairiain and obtain judgment under an action for damages, for specific performance, or
for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting
-15
ore .an Inc fl . An on 14 nf= 17
Owner the remaining (.,caner shall be entitled to his, her or its co...2 and reasonable attorneys fees as
a part of any judgment entered for such Owner, and whether or not the relief obtained, including any
damages, is less than what was sought.
L Q IN WITNESS 1 ' t F, the 9 - : . i has •: i ' • , this Declaration to be executed
this day of May, 1996. uA LO. II
Robert W. Hughes
i
..r... _:,,,f3. `rilL-I
' aril Hughes
(&
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acimowledged before me this 03 day of May, 1996,
by Robert W. Hughes and by Marilyn A. Hughes.
WITNESS my hand and official seal.
My commission expires: f
(SEAL) !
Notary public ( ''
( J ill
,
Y j , , ' J
/! ( iii .
\ . .06.. � : CO Q:, ;
393136 05/29/96 04:14P PG 17 OF 17
- 16 -
(1) The transfer by operation of law of a deceased joint tenant's
interest to the surviving joint tenant(s);
(2) The transfer of a deceased's interest to a devisee or devisees
by will or to his heirs at law under intestacy laws;
(3) The transfer of an Owner's interest by treasurer's deed pursuant
to a sale for delinquent taxes;
(4) The transfer of all or any part of a partner's interest as a result
of withdrawal, death or otherwise, to the remaining partners carrying on the partnership
business, and/or to a partner's or partners' interests between one or more partners, and/or to
persons becoming partners;
(5) The transfer of a corporation's interest to the persons formerly
owning the stock of the corporation as a result of a dissolution. A transfer to the resulting
entity following a corporate merger or consolidation; provided, however, that at least fifty
percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium Unit;
(6) The sale or transfer of all or any portion of an Owner's interest
in a Unit to a family member or blood relative; and
(7) The sale or transfer of either Unit by the Declarant.
If the Owner of a Condominium Unit can establish to the satisfaction of the Managing
Agent or Board of Directors that a proposed transfer is not a sale, then such a transfer shall not be
subject to the provisions of this paragraph.
Section 10.6. Certificate of Compliant-4. Upon written request of any prospective
transferee, purchaser or an existing or prospective mortgagee of any Condominium Unit, the
Managing Agent or Board of Directors of the Association shall forthwith, or where time is specified,
at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing:
(1) With respect to a proposed sale under this paragraph that proper
notice was given by the selling Owner, and that the other owner did not elect to exercise this
option to purchase;
(2) With respect to a deed to a first mortgagee or its nominee in
lieu of foreclosure, and a deed from such first mortgagee or its nominee, pursuant to this
paragraph, that the deeds were in given in lieu of foreclosure, and were not subject to the
provisions of this paragraph; and
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393136 05/29/96 04 :14P PG 15 OF 17
(1) The transfer by operation of law of a deceased joint tenant's
interest to the surviving joint tenant(s);
(2) The transfer of a deceased's interest to a devisee or devisees
by will or to his heirs at law under intestacy laws;
(3) The transfer of an Owner's interest by treasurer's deed pursuant
to a sale for delinquent taxes;
(4) The transfer of all or any part of a partner's interest as a result
of withdrawal, death or otherwise, to the remaining partners carrying on the partnership
business, and/or to a partner's or partners' interests between one or more partners, and/or to
persons becoming partners;
(5) The transfer of a corporation's interest to the persons formerly
owning the stock of the corporation as a result of a dissolution. A transfer to the resulting
entity following a corporate merger or consolidation; provided, however, that at least fifty
percent (50) of the stock of the resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium Unit;
(6) The sale or transfer of all or any portion of an Owner's interest
in a Unit to a family member or blood relative; and
(7) The sale or transfer of either Unit by the Declarant.
If the Owner of a Condominium Unit can establish to the satisfaction of the Managing
Agent or Board of Directors that a proposed transfer is not a sale, then such a transfer shall not be
subject to the provisions of this paragraph.
Section 10.6. C..ertificate of Compliance. Upon written request of any prospective
transferee, purchaser or an existing or prospective mortgagee of any Condominium Unit, the
Managing Agent or Board of Directors of the Association shall forthwith, or where time is specified,
at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing:
(1) With respect to a proposed sale under this paragraph that proper
notice was given by the selling Owner, and that the other owner did not elect to exercise this
option to purchase;
(2) With respect to a deed to a first mortgagee or its nominee in
lieu of foreclosure, and a deed from such first mortgagee or its nominee, pursuant to this
paragraph, that the deeds were in given in lieu of foreclosure, and were not subject to the
provisions of this paragraph; and
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393136 05/29/96 04:14P PG 15 OF 17
(3) With respect to any contemplated transfer which is not in fact
a sale that the transfer will not be subject to the provisions of this paragraph.
Such a certificate shall be conclusive evidence of the facts contained therein.
ARTICLE 11
MISCELLANEOUS
Section 11.1. When f:nnarnt nr Authnriratinn Nnt tyerntnt7i , Notwithstanding
anything in this Declaration to the contrary, whenever the consent or authorization of the Association
or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or
authorization of the Association shall thereby be deemed given, if the Owner seeking such consent
or authorization has obtained the consent or authorization of the remaining Owners of the Common
Interest Community.
Section 11.2. Wally. Each Owner ( "indemnifying Owner ") agrees to indemnify
and hold the other Owner ( "Other Owner ") blameless and harmless of, from and against any loss,
claim, demand or obligation (including costs of defense and attorneys' fees) of whatsoever nature
occasioned by or in any manner resulting or emanating from any work done at the behest of the
Indemnifying Owner on such owner's Unit or labor, services or materials furnished to such owner
or such owner's Unit and will maintain the Other Owner's Unit, as well as that portion of the
Common Elements exclusively reserved to such Other Owner,as provided in Section 7.4, above,
entirely lien free through payment or suitable substitution bond and, upon the failure of the
Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its
discretion, determines to be necessary to effect the release and discharge of the lien from such Other
Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing,
together with interest at the per onnwn rate of 21 % shall be repaid by the Indemnifying Owner upon
demand. Until repaid, the obligation so to do shall be secured by a lien against the Unit of the
Indemnifying Owner, notice of which may be given by the Other Owner in the applicable real
property records, and which may be foreclosed as in the case of a mortgage. In any such foreclosure
proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees.
Section 11.3. AddialLothnigcemd. Each of the covenants, obligations
and undertakings in this Declaration contained on the part of the respective Unit Owners to be kept,
discharged or performed is intended to and shall be deemed to be for the specific benefit of the other
Unit Owner to the end that, in the event of the failure or inability of the Association to enforce any
provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting
alone, shall have the right in the name of the Association and on its behalf or, as the case may be
necessary or advisable, in the name of such remaining Owner and on his, her or its behalf to
commence, maintain and obtain judgment under an action for damages, for specific performance, or
for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting
-15
-j ew roe rat •ai. 1 I.6 nn 14. nr 17
Owner the remaining t>.rner shall be entitled to his, her or its c._ _e and reasonable attorneys fees as
a part of any judgment entered for such Owner, and whether or not the relief obtained, including any
damages, is less than what was sought.
L Q IN WITNESS • • I F, the '.- has this Declaration to be executed
this day of May, 1996.
LA A
Robert W. Hughes
I aril . Hughes
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instnnnent was aclmowledged before me this _ 3 day of May, 1996,
by Robert W. Hughes and by Marilyn A. Hughes.
WITNESS my hand and official seal.
My commission expires:
(SEAL) [j
c& •T«(
Notary Public t \
hugfrAdeo.1425
/� I G
�
393136 05/29/96 04:14P PG 17 OF 17
-16
PUBLIC NOTICE
RE: PICKUS CONDITIONAL USE FOR ACCESSORY DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 6, 1996 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Sallie
Pickus, requesting approval for a sub -grade studio accessory dwelling unit of approximately 635
square feet as part of an expansion/remodel plan. The property is located at 1425 Silverking, Unit
B. For further information, contact Bob Nevins at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920 -5102.
s /Sara Garton. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 20, 1996
City of Aspen Account
To 'xi Ise eicio "lhu /w
MEMORANDUM
TO: City Engineering
Housing Office
Parks Department
FROM: Bob Nevins, City Planner
THRU: Dave Michaelson, Deputy Director
RE: Pickus Accessory Dwelling Unit - Conditional Use
Project Review Schedule
Community Development has received a conditional use application for an accessory
dwelling unit (ADU) at 1425 Silvericing, Unit B (a condominiumization of an existing
lot/duplex located at 999 Cemetery Lane).
The following schedule has been established for the review of this application:
July 11 Design Review Committee (DRC) Meeting
July 18 Referral and DRC Memos (Draft) to Bob Nevins
July 24 Referral and DRC Memos (Final) to Bob Nevins
July 25 Community Development Memorandum (Final)
August 1 Aspen Planning and Zoning Packets (Distribution)
August 6 Aspen Planning and Zoning Meeting (Public Hearing)
Please contact me at Ext. 5102 or by CEO if you have any questions regarding this
application or review schedule.