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HomeMy WebLinkAboutLand Use Case.1445 Sierra Vista Dr.0016.2011.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0016.2011.ASLU PARCEL ID NUMBERS 2735 11 10 80 08 PROJECTS ADDRESS 1445 SIERRA VISTA UNIT 1 PLANNER DREW ALEXANDER CASE DESCRIPTION FENCE HEIGHT VARIENCE REPRESENTATIVE CITY OF ASPEN DATE OF FINAL ACTION 7, 25.11 CLOSED BY ANGELA SCOREY ON: 12.28.11 y".• ,^ , %% awl wJ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address and Telephone Number Jack and Celeste Grynberg, 1445 Sierra Vista Dr., Unit 1, Aspen, CO 81611, (303) 884 - 5362 Legal Description and Street Address of Subject Property • Subdivision: Sierra Vista Duplex, Description: Common Area • 1445 Sierra Vista Dr., Unit 1, Aspen, CO 81611 Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council approval to place a 15 foot tall golf net fence on the southeast corner of the property. The fence will be approximately 50 feet in length and situated in existing vegetation. Installation will be seasonal. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) City Council Height Variance for a fence, issued through Resolution No. 68, Series of 2011 at a public hearing held on September 26 2011. Effective Date of Development Order (Same as date of publication of notice of approval.) October 9, 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) October 8, 2014 Issued this 27'" day o / i tember, 201 , by the City of Aspen Community Development Director. Chris Bendon, Co . umty 1 evelopment Director je4n AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: / 4c r rsiet Aspen, CO STATE OF COLORADO ) ) ss. • County of Pitkin ) I,° (name, please print) being or representing an Applicant to th Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26,306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official Paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. ^ Signatur The foregoing "Affidavit of Notice" was acknowledged before me this 12. day of OC- F"olasaf , 20 (I, by c c. S t P t 5 • .n '1 WITNESS MY HAND AND OFFICIAL SEAL DEVELOPMENT APPROVAL r l app s hereby gsle genet e lb p ti of the A M. • i f� ^ 120-4 the cre alofa rjes ecige0evelopmentplan ,and I i M (!.mmission e pires: ! N C the Landon W a vested P rop e M O pursuant to • y , the Article Uee Code of r C11Y of Aapen oat TWe J i�`lG ; ' 24, arci 0 the t Statutes, e col owi RR legail pertaining to the following legally described • f • 1 IJ / yyert Subniv a. City y of Aapen, tkin . •'' County. Colorado. ute proporty ommonly known L' b order o Me Aspen City CouncilonaSePtembei otary Public 26th, 2011. The Parcel Id 1 for the subject *5 03129/2014 received is a height variance for The fen Applicant approval grants the placement of a 15 foot tall seasonal golf net fence to be ylanai pn th e ATTACHMENTS• screened E existing eo ata ^ F rtuer • As Community r D v D ept. 1rth 130 S. ! COPY OF THE PUBLICATION Iena St. Aspen, Colorado (970)429-2739. oy A•wn Published in The Aspen Times Weekly on October 9,2011. 110697651 RESOLUTION NO. 68, (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A VARIANCE FOR A FIFTEEN FOOT TALL FENCE MADE OF GOLF NETTING FOR THE PROPERTY LOCATED AT 1445 SIERRA VISTA DRIVE CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2735 -111- 08-800 WHEREAS, the Community Development Department received an application from Jack and Celeste Grynberg, represented by Dana Ganssle of Rowland + Broughton Architecture and Urban Design, requesting approval of a variance to allow a 15 foot fence made of golf netting; and, WHEREAS, pursuant to Section 26.314, the City Council may approve a Variance, during a duly noticed public hearing after considering a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the requested variance with conditions; and, WHEREAS, during a duly noticed public hearing on September 26, 2010, the City Council approved Resolution No. 68, Series of 2011, by a five to zero (5 -0 ) vote, approving a Variance; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Resolution No 68, Series 2011 Page 1 of 3 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit a 15 foot high fence made of golf netting be constructed on the property. The fence shall only be erected during the Aspen Municipal Golf course golfing season. Section 2: Fence Location & Material The fence shall be located on the southeast comer of the property, where it can be situated in an existing cluster of trees. The approximate length of the fence will be 50 feet, and be supported by three poles. The poles shall be positioned in the existing canopy when possible to limit the visual impact of the structure. The fence poles shall be painted a dark color to better blend in with the existing vegetation. Section 3: Parks Department The Applicant is required to comply with the following: • All excavation of the holes and other work is required to be accomplished by hand, • In order to keep screening for both the home owners and golf course it is prohibited to trim any of the branches on the trees adjacent to the fence, • The net should be loose enough to provide room for tree growth but tight enough to accomplishing the goal of stopping an errant golf ball, • The Applicant shall acquire an approved work under the drip line permit (tree removal permit) prior to installation of the fence, • Any trimming of tree branches must be kept to a minimum and all tree work should be accomplished by a professional tree care company, and • All work on trees must comply with City Tree Code #13.20. The Parks Department shall verify compliance with this requirement. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6: If any section, subsection, sentence, dance, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No 68, Series 2011 Page 2 of 3 FINALLY, adopted, passed and approved this 26 day of September, 2011. _get:06•Arent Michael C. Ire g d, Mayor A ST: 16..S Kathryn S. : f. City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney Resolution No 68, Series 2011 Page 3 of 3 Regular Meeting Aspen City Council September 26, 2011 spaces. Miller said the city has the right to approve or not the sublease. Courtney Lord, Isis Retail Group, reminded Council when the Isis building was purchased, the goals was to maintain movie theatres in Aspen and to do that, the theatre needed a below market rent and to accomplish that, the west part of the building was turned into retail spaces. An oversight by the city is to require the commercial landlord to use their best efforts to seek "not luxury" tenants. Councilman Skadron said the rent benefit flows to the theatre space. Councilman Johnson said these are in line with market rents today. Councilman Johnson said Free People of PA is a mid- level retailer. Councilman Johnson moved to approve the consent calendar; seconded by Councilman Torre. The consent calendar is: • Resolution #61, 2011 — Contract to Purchase Hybrid Vehicle — Car Share • Resolution #62, 2011 — ARC Advisory Committee Appointment • Resolution #63, 2011 — Red Brick Boiler Replacement • Resolution #64, 2011 — Contract — Plow /Sand Truck Replacement • Resolution #65, 2011— Isis 406 E. Hopkins Sublease — Free People of PA LLC • Resolution #66, 2011 - Extending P &Z and HPC Board Members Terms • Resolution #67, 2011 — Burlingame Phase II OZ Contract Amendments • Minutes — September 12, 2011 All in favor, motion carried. RESOLUTION #68, SERIES OF 2011— Height Variance for Fence 1445 Sierra Vista Drew Alexander, community development department, told Council this property is adjacent to the golf course and to errant golf balls. The applicant proposes a 15 foot golf net mesh fence on the southeast corner of the property. This fence will be integrated into existing vegetation. Alexander reminded Council 1495 Sierra Vista previously requested a fence variance. Alexander said he worked with the golf and the parks department on this solution and staff supports the fence with conditions outlined in the resolution. Councilman Frisch asked about the other houses along the stretch and will they require fences. Councilman Frisch asked if there have been any neighbor comments. Alexander said he has received no comments. Alexander said each property should be reviewed separately as there are different circumstances for each. Sarah Broughton, representing the applicant, told Council this property was publicly noticed for this hearing with letters and a notice. Councilman Torre said he is concerned about fencing across all these properties. Ms. Broughton noted this is one of two properties on the golf course that is on a dog leg. Ms. Broughton said she worked with the director of golf who recommended this fence. Ms. Broughton said there have been broken windows from golf balls and this is a safety matter. 4 rk Regular Meeting Aspen City Council September 26, 2011 Councilman Skadron asked about the visual impact. Ms. Broughton said the house is tucked back and the fence will only be up when the golf course is open. Councilman Skadron asked who will monitor the fence installation and any damage to the flora. Alexander said the parks department will inspect the digging and the mesh itself. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Johnson moved to approve Resolution #68, Series of 2011; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #27, SERIES OF 2011— Code Amendment Impact Fees Drew Alexander, community development department, said the method for collecting impact fees has been based on bedrooms and the definition of bedrooms lends itself to different interpretations. The amendment calculates the fees on floor area, which is a metric that can be used on every property. State statutes identify bedrooms and reasonable means of calculating impact fees. Alexander entered into the record a letter from the city's consultant on impact fee calculations and an e-mail from the school district supporting this code amendment. Alexander reminded Council the goal is to keep the revenue the same as existing levels and the changes since first reading are to have 3 tiers of fees to take into account the generation rates in existence for different size houses. This will be revenue neutral. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #27, Series of 2011, on second reading as amended; seconded by Councilman Torre. Roll call vote; Councilmembers Johnson, yes; Torre, yes; Skadron, yes; Frisch, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #28, SERIES OF 2011— Lift One Lodge Final PUD Councilman Johnson said he lives within 300 feet of the project and is recusing himself. Mayor Ireland announced there are five public hearings scheduled for Lift One lodge, through November. Chris Bendon, community development department, said the purpose of this public hearing is to become familiar with the project. This project was originally submitted in 2006. The project is located on the east side of South Aspen street. This site does not include lift 1 A. The proposal is for 22 lodge units, fractional ownership. The units are flexible so that rooms can be locked off, totally 84 keys. There are 5 free market resident units; there is affordable housing for 5 employees, there is a restaurant, apt ski deck. The project includes rehabilitation of the Skiers Chalet lodge as a ski museum to be owned and operated by the Aspen Historical Society. The Skier's Chalet Steakhouse will be used as affordable housing. Bendon reminded Council conceptual approval was granted in 2009; it has gone through HPC and is in front of Council for final PUD. 5 Fret,./ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: /444,C Sint f1 l/h3T4 D,et yr , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 111.411 : , 20 1 STATE OF COLORADO ) ) ss. County of Pitkin ) — Sc (name, please print) being or represen ing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: t/. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) y days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six - (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) e'` 0 Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 4. day of 5 , 2011 by r ik-y - ri h S co — C� I C NOTI C E VIST .VE; HEIGHT VE: E F O SA ET FE C WITNESS MY HAND nND OFFICI A T SEA T VAgIANCE p-0RNETPENCE. YY 111`l JJ 111L]1Vil t11V1/ fP l.Lt1L Jl:,[il. NOTICE IS HEBIVEN that a public hearing willbe p .m. be toreteAspen R ♦/,,� I .Ofc we h ld b egi S pt ef2 , 2 11 n 1 :7j•I!• // City eCouncil, Cohambers, b Ciry Hall, 130 S. My conunission expires: Galena St., Aspen, to riana Dr. Aser an application requesting a vaSir v er ra a for the C pr 8 oper 61 ty 1. etetl at st of , pen, O 1 The The variance V ye io for a 15 loot tall golf net to protect the of the auby from errant golf baa lls. The application Bas s properly c it Dana Ganssle of Rowland + 7 Broughton St. Aspen C , and 1 Urban , on N o Public Design, , 1 t Ja S. S. Monarch A . ry eo, he sn, on ',`PRY• ` � t1 behalf Jack d Celeste Gnbryally described The subject •• . property under r review is legally described as • Subdivision: Sierra Vista Duplex, Description: i // 15 0 Common Area. The parcel number for the subject 1 property is 2735- 111 -08 -8000. J JACKIE '1 0, For Wrlher information, contact Drew Alexander at LOTHIAN the City of Aspen Community Development De- partmenl, 130 S. Galena St., Aspen CO 81611, rP •• . O it (970) 429- 2739, drew.alexandereci.aspen.co.us f ARAChaeI C. Ireland Mom ATTACHMENTS AS APPLICABLE: , e Aspen Clay Council PUBLICATION t or CQ�,� r . c o V Published in the Aspen Times Weekly on Sunday September 4,2011. 169571031 3 OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE • • AS REQUIRED BY C.R.S. §24- 65.5 -103.3 • • • • i ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ) y 45 Si err VI s-t & D/ i i e , Aspen, CO SCHEDULED PUBLIC HEARING DATE: t rid a y, Sep#em ber 2(0 , 20$ STATE OF COLORADO ) ) ss. County of Pitkin ) I, Dana 6?anssle (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the q day of GSQ p}em / , 204 1 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this,2G day of 5 �e i rtr) , 2O$L,by 1 ✓G 0A 144.w -s Gc n sst -c. WITNESS MY HAND AND OFFICIAL SEAL NELSON $UAREZ My commission expires: / ;2a - 212 " '' NOTARY PUBLIC _ STATE OF COLORADO MY COMMISSION EXPIRES 01 -27 -2014 ' ota • . i Ic ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL hazy Pave Labels el mg dlna •a 9 Use fAverj� Te ,gafa e 9150® a = - � aaper "_ — e cse P p - p a�eT p - .,... i �._.. 2 �r� 1430 SIERRA VISTA LLC ASPEN GOLF PRO SHOP CITY OF ASPEN SIERRA VISTA C/O 551 VENTURE LLC ATTN FINANCE DEPT 1435 ASPEN, R VISTA 299 MILWAUKEE ST #502 130 S GALENA ST DENVER, CO 80206 -5045 ASPEN, CO 81611 CONNER CLAUDE M & IRENE A TRUST COPITO ROBERT CRS ALPINE LLC C/O MICHAEL 0 HARTZ KATTEN MUCHIN PO BOX 345 500 HAVEN LN ASPEN, CO 81612 GREAT FALLS, VA 22066 ROSENMAN 525 W MONROE ST CHICAGO, IL 60661 DICKER INTERNATIONAL PTY LTD DUBLIN LEONARD & ADELE HAMSHER JOHN HERBERT 5 HIGHGATE HILL 1450 SIERRA VISTA DR 1475 SIERRA VISTA DR TOORAK MELBOURNE ASPEN, CO 81611 ASPEN, CO 81611 AUSTRALIA 3142, HIGHLANDS PARTNERSHIP LLP JSO PARTNERS LLC KRIEBEL KATHLEEN 401 IVANHOE ST 1470 SIERRA VISTA DR PO BOX 910 DENVER, CO 80220 ASPEN, CO 816111045 ASPEN, CO 81612 MAROLT FAMILY TRUST 50% MCLELLAN DAVID R & KATHERINE V MUY BONITA LLC PO BOX 1013 1417 SIERRA VISTA DR 600 E HOPKINS AVE #205 ASPEN, CO 81612 ASPEN, CO 81611 -1044 ASPEN, CO 81611 ODONNELL JOHN & ADRIENNE PHILLIPS DAVID & ALEXANDRA RED MTN GRILL 4083 CUERVO AVE PO BOX 11449 1000 TRUSCOTT PL SANTA BARBARA, CA 93110 ASPEN, CO 81612 ASPEN, CO 81611 REDNOR JORDAN H SARICK JORDAN L & SHEREEN C SCHNEIDER ELIZABETH P 405 EAST 56TH ST #A 1472 SIERRA VISTA DR 6 LODGE RD NEW YORK, NY 10022 ASPEN, CO 81611 -1045 GREAT NECK, NY 11021 SCHWARTZ RICHARD C SPASCO LTD STOLLER JONATHAN W REV TRUST 1435 SIERRA VISTA DR 109 N POST OAK LN #550 1475 SIERRA VISTA DR ASPEN, CO 81611 HOUSTON, TX 77024 ASPEN, CO 81611 URIS JILL P VANDERLIP HENRIK N WALBERT DAVID & ELLEN 1415 SIERRA VISTA DR 27 BALDWIN FARMS S 1425 SIERRA VISTA DR ASPEN, CO 81611 GREENWICH, CT 068313308 ASPEN, CO 81611 WEST ASPEN LOT 40 1480 SILVER KING ASPEN, CO 81611 `sias ue tes &aciles a paler _ 1 _ .,_ rlepliaz a ie hachure afhi de 1 wvJw.avery.corn ■ 0 -411111/111 1 r' , i •4, w 1 -t ., \ ■ : µ r - 4 .,r • it • , a ` A y g 1, tl r .. • A �'1 " �: i • r • ' ' a F ? Li .�. 0,, .» _ E f i ` �� 1 < # x r ; 1 I i F F Y PUBLIC NOTICE RE: 1445 SIERRA VISTA DRIVE; HEIGHT VARIANCE FOR GOLF NET FENCE. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 26 2011 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application requesting a height variance for the property located at 1445 Sierra Vista Dr., Aspen, CO 81611. The request of variance is for a 15 foot tall golf net to protect the property from errant golf balls. The application was submitted by Dana Ganssle of Rowland + Broughton Architecture and Urban Design, 117 S. Monarch St., Aspen, CO, 81611, on behalf of Jack and Celeste Grynberg. The subject property under review is legally described as Subdivision: Sierra Vista Duplex, Description: Common Area. The parcel number for the subject property is 2735 - 111 -08 -8000. For further information, contact Drew Alexander at the City of Aspen Community Development Department, 130 S. Galena St., Aspen CO 81611, (970) 429 -2739, drew.alexander@ci.aspen.co.us s/Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on Sunday September 4, 2011 City of Aspen Account Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of t. Title is to be amended, whether such revision be made by repeal of this Tite and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. A . 5c0---- Signature The foregoing "Affidavit of Notice" was acknowledged before me this 4, day of S e - ioV , 20f,by r iAirri h Scc7 J • RE: 1445 S E A VISTA DPIVE: HEIGHT WITNESS 1, ,F� T ,� i VARIANCE FOR G NET FENCE. WITNESS 1V11 HAND AND OFFICICIL SEAL NOTICE 15 NEREB GIVEN that a ppublic hearing - ♦ I will bens Y : p.. befo t2011 /t /e �I O' � meeting g t h o b begigin a 5:00 p.m. My COmm15510II1re5: (� d City Council, Cpunc Chambers, City Hell 1301 Galena SL, Aspen, to consider an application _ requesting a height variance ee for the property l at f Sierra is ,, Aspen, CO 51 n t t ' Top he located request t 0f of variance a is Poe a a foot tall g ° If net to protect the property from errant golf balls. The No application a was submitted by Dana Ganssle of NQ Public �,� l r s Rowlntl a Br on S t , Architectu n, re CQ antl Urban on I' Design, t t] S M on Asp [, 1 behalf of Jack a Cele ste GrYnberg. The a subject . • • � V S �' property under review is legally described as e , Subdivision: Sierra Vista Duplex, Description; • �: , l Common Area. The parcel number for the subject property Is 2735- 111 -088000. j J A CFOE For further information, contact Drew Alexander at f i LOTHIAN j the City of Aspen Community Development De. (9]0) 429 -2739, d Galena St., Aspen N � 1 i 0% arN1 h , ATTACHMENTS AS APPLICABLE: ` <<yrF•..........••�,P 9 -- , ter Aap01C the PUBLICATION Op cot Published ]Imes Weekly on Sunda H OF THE POSTED NOTICE (SIGN) September in i4 t20 A mber 4, 2011. [&95]103) y , * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 P95 V ttt 260 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Drew Alexander, Planner D•A • RE: 1445 Sierra Vista Drive, Height Variance for Fence —Resolution No., Series 2011— Public Hearing MEETING DATE: September 26, 2011 APPLICANT /OWNER: RECOMMENDATION: Jack and Celeste Grynberg Staff recommends approval. REPRESENTATIVE: SUMMARY: Dana Ganssle, Rowland and Broughton The Applicant requests a variance from height to Architecture and Urban Design place a 15 foot tall golf net fence on the southeast corner of the property. LOCATION: 1445 Sierra Vista Drive; Subdivision: 4 -, Sierra Vista Duplex, Description: Common Area. 3 .e X �e CURRENT ZONING & APPROVED USE LL R -15 (Moderate- density Residential) •=---° ' •' Zone District. A duplex residential dwelling unit. ^q' $m n..`X' ....T__ i• •••• . �. Figure 1: 1445 Sierra Vista Drive 1445 Sierra Vista Drive 1 P96 0 0 • LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • A variation from height requirements for a fence at the southeast corner of the subject property, pursuant to Land Use Code Section 26.314, Variances. The variance requested is for a 15 foot tall net (1 inch mesh) fence (City Council is final review authority who may approve, approve with conditions, or deny the proposal). Other applicable code sections include: • Fences, section 26.575.050 of the Land Use Code. This section states, "Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards..." PROJECT SUMMARY: 1445 Sierra Vista Drive is a 16,028 square foot lot located within Aspen's R -15 (Moderate - Density Residential) Zone District. The lot contains a residential duplex structure and is located adjacent to the Aspen Municipal Golf Course's Hole 16. The southeast facing facade of Unit 1 faces Hole 16 and is subject to errant golf balls. z 4 t3 i.5.` bi z tiv` z ,"' i m� i +°°.2 � ' .;.;r4.�r " 4, de : &' 's lAltrritl-t:i:Lti4V:‘i ah 5 4' r '4. 1 C 4 } ate, tw . v 2e 7 I o a c. ' ; 4 „ - C i „ _,, ,e ,-. 7 „.„-, r i 1 „ �� 1 " i � j - £ .. ` IR';' i. `'ate ' , ,, A t -- 4 itZttf 4.7 . 4 - , --n ` a' , , , , i „ a e� ar }rk ” ° mss` _ -:;: aft s .i .. ' tz'3ka= ia'K�'v" 2 " "k sa t * , c r . i .E ' v»' `' ':ct i y kit w uc ; i F S 31 s y ) !7 M, ? rvY 'n s , ' £ X --.a :ms:&, s �a". ... X e" $ ,o * .v'_-r, Figure 2: Site and golf activity The Applicant requests approval to place a net (1 inch mesh) on the comer of the property to shield the home from these errant golf balls. The net, considered a fence, would be 15 feet tall which represents a 9 foot height variance. The metal poles of the fence would be positioned in 1445 Sierra Vista Drive 2 P97 the canopy of existing trees to help shield the fence from view by users of the golf cour and surrounding properties. The fence would be located entirely on the Applicant's property. The overall length of the fence would be approximately 50' with three support poles. t Ja$ - ?' "^} �. ' _ d�' Fl 1 t - GV4�i , -` AT `+-i $ P 3+ 11. . . € '' - Tom. j '. _,€-"` vp° , 4:7, a. r 2 is flag". �c �yA 3c...a*� "^ . ' m � ' E : " .> 'T , .x .d ;ter , a uCS� a. z "d .._.,e. = _.nay + ,, t -f t. , -;.-L--,- '"... -z,. Figure 2: Southeast earner of su b j ect property STAFF COMMENTS: Staff understan ds the li fe safety issue of having errant golf balls hitting a home or landing • the immediate vicinity of a home. Although this is an inherent risk of owning a home near a golf course, it is practical to assume a certain level of protection from this risk. The Land Use Code does not provide any abi to install a fence higher than six feet. A similar request was approved for 1495 Homestake Drive. The fence blends with the vegetation and is removed at the end of each golf season. Staff's primary concern is the visual impact of the fence and effects on the vegetation. Staff recommends that it be te minimal necessary for providing protection and that it be removed during golfs off season. The Applicant has spoken with Scott Chism of the City's Par ks Department, and received a recommendation for location an height. Staff supports this recommendation which states that a 15' tall fence is adequate and that the fence should only be installed during golf season. Additionally, staff recommen that the support p be shielde in the c of the adjacent trees as much as possible. In regar to the impacts on the vege Staff rec o mm ends the applicant comply with all requests made by the Parks Department found in Exhibit B. Staff's response to the applicable review criteria can be found in Exhibit C. 1445 Sierra Vista Drive 3 P98 C 0 RECOMMENDATION: Staff recommends City Council approve this variance request, with conditions, for the property located at 1445 Sierra Vista Drive. PROPOSED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve 9pse No.k8 Series of 2011, approving a 15 foot high mesh golf - netting fence on the property� at 1445 Sierra Vista Drive." CITY MANAGER'S COMMENTS: ATTACHMENTS: Resolution No. Mi Series of 2011 EXHIBIT A — Site plan indicating location of fence EXHIBIT B — Parks Department Requirements EXHIBIT C — Review criteria and staff findings EXHIBIT D — Evidence of golf ball damage 1445 Sierra Vista Drive 4 P99 RESOLUTION NO. et (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A VARIANCE FOR A FIFTEEN FOOT TALL FENCE MADE OF GOLF NETTING FOR THE PROPERTY LOCATED AT 1445 SIERRA VISTA DRIVE CITY OF ASPEN, PITIUN COUNTY, COLORADO Parcel ID: 2735- 111 -08 -800 WHEREAS, the Community Development Department received an application from Jack and Celeste Grynberg, represented by Dana Ganssle of Rowland + Broughton Architecture and Urban Design, requesting approval of a variance to allow a 15 foot fence made of golf netting; and, WHEREAS, pursuant to Section 26.314, the City Council may approve a Variance, during a duly noticed public hearing after considering a recommendation from , the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the requested variance with conditions; and, WHEREAS, during a duly noticed public hearing on September 26, 2010, the City Council approved Resolution No. —, Series of 2010, by a to ( —) vote, approving a Variance; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council fords that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THEE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Resolution No , Series 2011 Page 1 of 3 P100 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a variance to permit a 15 foot high fence made of golf netting be constructed on the property. The fence shall only be erected during the Aspen Municipal Golf course golfing season. Section 2: Fence Location & Material The fence shall be located on the southeast corner of the property, where it can be situated in an existing cluster of trees. The approximate length of the fence will be 50 feet, and be supported by three poles. The poles shall be positioned in the existing canopy when possible to limit the visual impact of the structure. The fence poles shall be painted a dark color to better blend in with the existing vegetation. Section 3: Parks Department The Applicant is required to comply with the following: • All excavation of the holes and other work is required to be accomplished by hand, • In order to keep screening for both the home owners and golf course it is prohibited to trim any of the branches on the trees adjacent to the fence, • The net should be loose enough to provide room for tree growth but tight enough to accomplishing the goal of stopping an errant golf ball, • The Applicant shall acquire an approved work under the drip line permit (tree removal permit) prior to installation of the fence, • Any trimming of tree branches must be kept to a minimum and all tree work should be accomplished by a professional tree care company, and • All work on trees must comply with city tree code #13.20. The Parks Department shall verify compliance with this requirement. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No , Series 2011 Page 2 of 3 C P101 FINALLY, adopted, passed and approved this 26 day of September, 2011. Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney Resolution No , Series 2011 Page 3 of 3 P102 0 O w ,,. uso _ )----, a" 22.'--122-- . 1 2 .....t, --_ — --- _ --- — --- _ --- — -- 4 111W1. 4. Sil; - I —...0,.., iF ■ 2r"G . y d r -: ::7 ffi ilhhik 1 mow I I 1 At a o i -T, J rfn,-Q \ { 1[� ' � n�s/ sstu�•' A m s -\ 4i Op 0 0 nN gi 11 c GI m to O y A Z T y T T 9 O m NI III 1Ei:" a Fo p yid i mo-_ . m N Phi ;!7'1, � % a . °m ' °fi° _,c en :11711 0 ' j ; ' e 5� T z m D p i_�_ 2 1' 21 ji - i'Xt-3 131 c f3 • P103 Drew Alexander From: Brian Flynn Sent: Tuesday, September 06, 2011 5:09 PM To: Drew Alexander Subject: Golf Net - Grynberg Residence Attachments: image003.jpg Drew, please accept the following as comments for the Parks Department review: 1. The net and poles should blend with the background, dark green or black 2. All excavation of the holes and other work is required to be accomplished by hand. 3. In order to keep screening for both the home owners and golf course it is prohibited to trim any of the branches on the trees adjacent to the fence. 4. The net should be loose enough to provide room for growth but tight enough to accomplishing the goal of stopping a golf ball. 5. It is recommended that the net be taken down at the end of the golf season. Brian Flynn Open Space and Special Projects Manager (P)970 -429 -2035 (F)970- 920 -5128 Air yak, a ,� , . + ,. PARKS & RECREATION 1 P 104 0 Exhibit C Sec. 26.314.040. Standards applicable to variances. • A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision - making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; Staff Finding: Staff finds that the proposed variance is generally consistent with the Aspen Area Community Plan (AACP) and the Land Use Code. The AACP is an aspirtational document that does not address specific circumstances such as fence height variations. The AACP states that it is "broad in scope and does not address every issue or parcel individually. The plan should be interpreted to apply generally to all properties and issues in Aspen..." The Design Quality section of the AACP discusses the importance of context when making decisions about form, mass, color, materials, etc. This proposal is generally consistent with the plan in general, and with this idea of paying attention to context in design situations. The property is located adjacent to the golf course, and is uniquely situated to be impacted by errant golf balls. The proposed golf netting makes sense in this context, much more than a fifteen foot high fence made of wood or stone. The proposal is also generally consistent with the Land Use Code. The proposal does not trigger a Residential Design Review or any other land use review. Staff fmds this criterion to be met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Finding: Staff finds that the request is the minimum variance that will allow reasonable use of the parcel. The proposed fence is temporary in that it would only be erected during the golf season. The applicant is requesting a fence material that is relatively transparent, and is flexible so it can be inter -woven between existing vegetation. Staff believes that individuals have a reasonable expectation to be safe when on their property. The current condition of the property does not protect the parcel, building, or people that might be on the property at any given time from errant golf balls. Staff finds that the proposed fence will create a safer environment on the parcel by preventing errant golf balls from impacting the property and any people on the property. Staff fins this criterion to be met. Exhibit C, Review Criteria Page 1 of 2 r^ P105 Exhibit C 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the sane zone district and which do not result from the actions of the applicant; or Staff Finding: Staff fords that there are unique circumstances on this parcel that are not the result of any action by the applicant. This parcel has been adjacent to the golf course since the golf course was created. The parcel is located adjacent to the sixteenth hole on the Aspen Municipal Golf Course, and is located in such a way that drives on the fairway enter the property. Staff finds this criterion to be met. b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings or structures, in the same zone district. Staff Finding: Staff fords that because of the unique circumstances of this lot, the proposal will not confer any special privileges on this lot that are denied by the Aspen Area Community Plan or the Land Use Code. The AACP does not address this kind of situation specifically. Staff believes this situation is unique and warrants a variation in the height requirements imposed by the land use code. Staff fords this criterion to be met. Exhibit C, Review Criteria Page 2 of 2 1 4 if P106 Architectural Windows & Doors, Inc. Invoice 5317 County Road 154, Suite 204 -A Glenwood Springs, CO 81601 Date Invoice # 6/14/2011 11 -9152 Bill To Ship To Terralink Structures, Ltd. Grynberg Residence PO Box 809 1445 Sierra Vista Drive Carbondale, CO 81623 Aspen, CO 81611 P.O. No. Terms Rep PO 11 -6539 Due on receipt GLK Qty Description Amount 1 Loewen Window Package 403.00 Replacement Glass for Golf Ball Damage Window #38/39 Loft 1 Labor - 3 Hours 225.00 Thank you Subtotal $628.00 Sales Tax (2.9 %) $11.69 Total $639.69 Payments /Credits $0.00 Balance Due $639.69 - '' if / ..- w s 1 «C. to � Z m Y 00 �� ^�^ .. I ri Y ',I N U / 7 1._ r -\\ 400 K�'' I 4 4 ...• ..,,. -,...',,,. N //'''' L Mi. j iSTq'O %�, Z O N o cfl T OD • •co y` � 0 0 �. `fS 1 • co O .r .p V .1 . .: • co .. 1 • Ze e; (DVS / CP. , I t .. _..., 1,, _.a: _..., „ co , r N �'�� w `Zt 4'7(5? ° N to .. j� N __.,. _^*r w .. (�.' p to o . _.,. W I (L' ,j---tid- -I,. .-. Y4 .4 N / A b . . . N C O O ti O N.) I ..., . .4: • -, 4 CD ct _., •e, 0) "..4 - -..1 . 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Z 73S 11 oo 00(6. 2011 • �SL J �111J J tJ 1161 File Edtt Record Navigate Form Reports Format Tab Help ► , ►> Ij� 'n A lump l : I 0 h i6 jj jj ciar k _ I • Routing Status Fees 'Fee 5urmnary Man Actions Attachments Routing jstory 'Valuation ArchjEnq Custom Fields Sub Permits 1 Parcels 1 Pert type aslu Aspen Lanc Use Pint # 0016 2011.ASLU • Address 1 446 SIERRA'VIS Aptrjute LINT 1 ti o ay ASPEN state CO zIp '61511 P ° Permit Information ' m • Master permit Routing queue aisluL7 Applied 311712011 Project Rohs , pending Approved • i Description FENCE HEIGHT VARIANCE - ADDITION OF GOLF NET Issued Final Submitted SARAH BROUGHTON 544 9306 Clodc Running Days C Expires 311112012 Submitted �a Owner .ast name GRYNERG First name JACK 5 CELESTE 1445 SIERRA VAS UAe 1 Phone (303) 884-5362 Address ASPEN CO 81611 Applicant Owner is applicant? 0 Contactor is applicant? last name ROWLAND 1 BROUGHTON First name SARAH PO BOX 552 ASPEN CO 81612 Phone 1 (970) 379.0111 Oust # 25149 Address Lender Last name First name Phone ( - Address cr /) Displays the permit lender's address AspenGold5 (server) angelas -1 el 1 ATTACHMENT 2 -LAND USE APPLICATION ifiSat PROJECT: , G c Name: ryAber Resid C ence. C1 '� f oe i ii et 44 5 Location: 1 Si V L s }o- Dr; de y, ,t• c t ..- (Indicate street address, lot & block number, legal description where approp P Parcel ID # (REQUIRED) go v APPLICANT: Name: C.elesfc C'l ryr\`J e r `\ Address: - Phone #: REPRESENTATIVE: Name: ero,, 4v-jon -- pouslanci -r reo k4o c -H re Address: II? S. e -c-F, Hspcn C 2 '1 Phone #: cu4_9 cp(„ TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment CO Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) es den Q s'ks on I-role lL o-C f \ne 5pP Cal Gorse PROPOSAL: (description of proposed buildings, uses, modifications, etc.) �c4�i E or of % -olf net Have you attached the following? FEES DUE: $ [Q Pre - Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Celes}e Ggnbe+S c o Rov)land + Bre ham✓ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Gryv'be GDoIF Fenc.s- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ e 4 °8 2 - which is for (9 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payrnents shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: (n7 x'-Iii Chris Bendon Community Development Director Date: c3//(e /20 // Billing Address and Telephone Number: 111 S. MOnalth . Ain, (f) f3((oll 1-0- 5yN-9oo(e r r . Recorded at 2:16114 April 3. R- tcH.[im a srs.,. c Loretta Renner Recorder CO',LW.I doe n2CI4MAIIO': FOR lir 1445 Strata Vista bUPI -rt DYxi. P$ Ausor,A]IUN :..: , i 952 KNOW ALL his lit THESE PRESENTS: THAT WHEREAS, nary P. cyan 'becl , the owner of the real property described on the attac Exhibit "A ", which by this reference 1s made a part hereof; and MNCRESS, Declarant desires to establish a condominium projecr under the Condominium Ownership Act of the Store of Colnrndn; and ' WHEREAS, Declarant does hereby(•tablish a plan for the ownership in ; \\ i fee s le of the real property estates consisting of the area of space Contained 10 each of the sir space units in the 'building improvenents and the t co- ownership by the individual and u thereof. ; i P owners as [enants in coron, of a:1 of the remaining property. which property is hereinafter deflmo and refer ed co as the general Common eieoents; 'MOH THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, ratr icttons, uses. limitations and obligations shall be deemed to run with the land, sha11 be - burden and a benefit to Declarant, his heirs, executors, administrators and assigns. and any person acquiring or owning an interest in the real property and fmpcoveaancs, their granr.es, successors, heirs, tdministraton, I devisees or assigns { 1. Definitions unless the context shall expressly provide otherwise. i I (a) 'Snit' scans an individual air space which is contained within [he perimeter walls, floors, canines, mindovs and doors of each unit as shown on the Condominium Yap to be filed for record, together with all fixtures *(; and improvements therein contained but not including any of .te structure/ components of the building, :{ any, located within the unit. (b) 'Condominium .nit' means the fee simple interest and title in and to a unit together with the undivided i aaaaas t in the genera coeon° temente ..J the appu limited cocoon elements thereto. (e) 'Somas' means • person, persons, f :rm, corporation, pa rtnersil , P p association or attar legal entity, or any combination tl.ereof, who oan(s) • 1 r. ,.385 4153 Jayt7 . (d) 'c.,.. rat ..,.new...1,- ..nr,' ..ant :,4.e, 1" L the land a. in Exhibit "A", the ac me, ural tim.on rnt. of oh. I..1 Idbog. petite,:.,aste, and i all other farts of c.ah land and In. ie ;snue.. - nrs ghetto. nett . saay or ronventa_: I to its ectataret, maintenance and safety which are normally and r.tsc.ne l) • In tmr.on ,ter, tnel..ding the air above such Land, all of whirls shall to owned. as t.nants in common, by the r.nera of thr sc: arate otitis. .ad, never of • unit having an undivided percentage or fractional interest 1e, such g I cots-ran elements as Is provided hereinafter. i ; (e) 'Limited common elements' moans tbrmc parts of, the general common j elements which are etcher limited re and reserved for the exclusive use of r Fp an owner of a condominium unit or are limited to and reserved for the common i use of more than one but fewer than all of the conch daises unit owners. (f) 'Condominium project' means all of t e land and improvements initially I submitted by this Declaration and sobsequectly submitted as may be provided 1 hereinafter. (g) 'Cannon expenses' means and includes expenses for maintenance, repair, operation, management and administration; expenses declared common '.. • { expenses by the provisions of anis Declaration and the By -laws of the Condo - minim Association, and all sums lawfully assessed against the general common elements by the (bard of Managers of the Association. (h) 'Association of unit c ers' or 'Association' ans the Association .; formed as a Celered° net - for- _r_fit corporatic: btarirg the tame of this 1` the project, e Certtfiu•e of Incorporation and By - Laws of which i� shell govern the administration of this condominium property, the tubers of '. which Association shall be all of the carers of the condominium units. i (1) 'Building' means a tingle bei. 'ng containing units as shown on the Map. (js Tap', 'Condominium Lap' of 'Supplemental pap' deans and includes the engineering survey of the lard dtpitting and lttatir.g theteen all of Qa ; g improvements, the floor and elevation plans and any other drawing of diagtamsactc I i plan depleting a part of or all of the improvements and land. I I i 1 idti r __ ran r.. a Y' led fez record in v;rt.1e nr :�pu'es or re: -.. 85 i t to tine, as the stages of construction of the units and other improvements are sc 't tinily completed. Each section of the Map filed subsequent to the first or initially filed Map shall be termed a supplement to such Map and the numerical sequence of such supplements shall be shown thereon. The Rao or any part or section thereof dep)c[ity 1 units shall not be filed for record until the building in which the units are ]crated has been substantially completed in order to 'ermit the location thereof. both horizontally and vertically. Each such rap shall be 113.e for record prior to the conveyance of s condominium unit to a purchaser. Each such Map shall depict and chow e at least the following: The legal description of the land and a survey thereof. the location of the building (s); the floor end elevation plans: the location of the unit `s within the building, both horisentally and vertically; 1 l the cannon 8 walls between or separating the units; the location of any structural components or supporting elements of a building ]oeated within • unit; and the unit designations and vie building symbol. The Map shall contain the certificate of a registered pro- , Sessional engineer or li architect, or both. certifying y nS that the Yap substao- ii ally dnlets the location and the horizontal and vertical measurements of the building. the units, the unit designations, the dimensions of the unite, the elevations of the unfinished floors and ceilings as constructed, the building symbol. and that such Map was prepared subsequent to substantial completion of the improvements. Each supplemental and/or any amendment shall set forth • like certificate when approprist.. I Ia as interpreting the Map the existing physical boundaries of each separate unit constructed shall be conclusive) II Y Presumed to be its boundaries. Declarant reserves it the tight to amend the Map. from time to time, to cw,forn the same according to the actual location of any of the constructed improvements and to establish, vacate and relent. easements, access road easements and on -site parking , • 3. Division of Property into Condominium Units. The real property described in Exhibit eh' and the improvements thereon are hereby divided into the following fee simple estates, each such estate consisting of the separately designated units owl the undivided percentage or fractional interest in and to the general common elements appurtenant to each unit ar in set forth on the attached Exhibit - a', which br i is ' reference is mode a part hereof. > Declarant reserves the right to (S) physically i 4 combine the space within one - -nit with the space within one or more adjoining units, (Si) to combine a part of or i ice^ I �-* f1385 a -: to:mbinatico tT sp of malts of e ace within one unit with film film ct Iarta of the space within one or more adjoining units, and (ili1 to divide into sofarate units the aTace • of one unit. The aggregate at divided undivided interests in the general carmen elements resulting Therefrom shall be reflected by an amendment to Exhibit "S" hereof and to the Map. j al g 4. Limited Common Elements. A portion of the gantlet common elements is reserved t4 for the exclusive use of theindividual awnera of the respective units. and suth areas E • are rate -red to as 'limited common elements'. The limited common elements so d I shall be identified on the Map. My balcony, patio or deck which is accessible from, associated with and which adjoins a unit shall, without further reference thereto. be used in connection with such unit to the exclusion of the use thereof by the other owners of the general common elements, except by invitation. All of the owners e condominium units in this condominium project shall have a non - exclusive right in common with all of the other owners to use of sidewalks, pathways. roads and streets located within the entire condominium project. No reference thereto, whether such limited common elements are exclusive or non - exclusive, need be made in any deed, instrument of conveyance, or other instrument!' and reference is made to the pro- of paragraph 7 of this Declaration. ., S. Parking spaces. On -site parking areas and facilities shell be under the control of the Declarant until the condominium project has been completed. Thereafter, the parking eras. shall be under the control of the Association. • a. 6. Inseparability of a condominium Unit. Each unit, the appurtenant undivided in- ttreat in tho general common elements and the appurtenant limited common elements shall together comprise one condominium unit, shall be inseparable and may be conveyed, • leased, devised or encumw,red only as a condominium unit '..�, 7. Description of Condominium Unit. Every contract for the sale of a condominium vet written prior to the filing for record of the Map may legally describe a men- .. A doeinium unit by its identifying unit designation followed by the name of this redo tdnium, with further reference to the ap thereof and the Declaration to be filed fo record. sots ant to - A' equ CM filing of the Map and to recording of the Declaration. every deed, Isamu. mortgage. trust deed, will or other instrument may legally des:ribe ?'" • condominium snit by its identifying unit designation followed 9 by the name of this Lt N et condominium. with further reference to the Map thereof filed for record end the re- corded Declaration. Every such description shall be good and sufficient f purposes to sell, convey, transfer, encumber or otherwise affect not only the unit a or all • I - • 3 •a r te..': *' 1 A Ak 4 but tis: t`.e general ti alca.en:t and the '.rum,,. cco n elemer7 i rrr��]pppt§] i 31 .. 4= p�raenn_c thereto. Each such description shall be construed to include a no;- exclusive easement for ingress and egress to an miner's unit ani use of ell of the general common elements together with the right to the exclusive use of the limited eo ,on .Y elements. The initial deeds conveying each condominium unit may contain reserva- i time's, exceptions and exclusions which the Declarant deems to be consistent with and in the best interests of all condominium unit owners and the Association. " i i 9. Separate Assessment and s+ 1 axationlotice to Assessor. Declarant shall give t i written notice to the Assessor of the County referred to in Exhibit °A" of the creation of condominium ownership in this property, as is provided by law, so that C each unit and the undivided interest in the general cosaen elements appureenant thereto shall be deemed • parcel and subject to separate useeemeet and taxation, i j ' 9. Own�eruhip - Title. A vondoadnium unit may be held and owned in any real p cperty tenancy reletiowhip recognised under the laws of the state of Colorado. 10. Non Partitiona5111ty of General Common Elements. The general common •)treat. :.. shall be owned in mason by all of the owners of the units and shall remain un- divided. and no owner shall bring any action for partition or division of the general 1 comes elesants. Nothing =stained herein Mall be construed as • limitation of the right of partition of • condominium unit between the owners thereof, but such par - tition shall not affect a • aY other condominium unit. /l 11. Use of General and Limited Common Elements. Each owner shall be entitled to 1 exclusive ownership and possession of his unit. Each owner may use the general and limited eoemon elements in accordance with the purpose for which they are intendmd, ! without hindering or encroaching upon the lawful rights of the other owners. 12. Use and Occupancy. stn units shall be used and occupied by the owner, his fasil a -d theft I II • Y guests, his business invitees and his tenants and their guests. i 11 o ' IK 4 ��[ ■ ,•. • . . 385 ,tt:957 • 13. Ln;, 'oats for Enero hnents. If any port Son of thkei,eral emmnon elvn.: nee encroach upon • unit or units. a valid easement for the tncroacnment and for the • it maintenance of same, so long as it stands, shall and does exist. If any portion of 2 a unit encroaches upon the general . 9 comeon e] anenta, or upon an adjoining unit or ' units, a valid easement for the encroachment and for the maintenance of same, so long i • ir as it stands, shall ant does exist. Such encroachments and easements shall not be # considered or determined common encumbrances either on the general eoon elements or to be encumht on the units foe ! pu poses of marketability of title. F ' / : 14. Termination of Mechanic's Lien eights and Indemnification. Subsequent to tie tom- 5 platten o! the improvements described on the Map, no lahor performed or materials furnished and incorporated in a unit with the consent or at the request of the .1 x unit owner, his agent, his contractor or subcontractor shell be the basis fcr filing of a lien against the unit of any other unit owner not expressly consenting to or re- I questing the same, or against the general common elements. well owner shall indemnify and hold harmless each of the other owners from and against the unit of any other owner or against Loo general meson elements for construction performed at for .v or, materials, services or other product- inrorpc,ered in the owner's unit at such mar's I " (((jjj request. tie provisions herein contained are subject to the rights of the Managing Agent or Board of /tanagers of the Aim:clot/on as sat forth in paragraph 17. 15. AEnd:.iairetfon and Management. the administration and management of ehls 1 condominium property shall be governed by the By -Laws of the Association. An owner . ' of a. condominium unit, upon becoming an owner. shall be a mentor of the Association and shall remain a member for the period of his ownership. The Association shall ' be initially governed by a Board of Managers as S. provided in the ay -Gwt of the ' 1 � Association. The Associ•tion may delegate by written agreement any of its duties. powers and functions to an 1 y person or firm to art as Msnagigg Agent at an agreed cpen %atfon. t oa 16. Certificate of Identity. There shall be recorded from time to time • Corti^ cats of Identity and the addressee of the pe n comprising the management body (Managers and Officers/ together with the identity and address of the Managing tient. ' if any. Such Certificate shall be e I ` • j onelYSlve evidence therm[ in favor of any per- } f son relying thereon in good faith regardless of time elapsed since date thereof. Ti,. t �' first such Certificate shall be recorded on or before nine[ Y Igol days a /t I after rerc :d- 1 fog this Declaration. 1 • S • v 0 • iA ft • (a385 ,i•F958 17. Acservation_ for Access - rainteneoce, Ac sir and tm.rcen-i ss. The amtrr r:.all have the irrevocable right, to be exercised by the Managing Agent or Board of Managers of the Association, to hove access to each unit from time to time during reasonable • hours as may be necessary for the maintenance, repair or replacement of any of the general common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general cannon dements or to another unit. Damage to the interior or any part of a unit resulting from the maintenance, repair. emergency repair or replacement of any of the general common elements or as a result of emergency repairs within another unit, at the inatenee of the Aeeociatien, shall be a common expense of all of the owners; provided, however. that if such damage is the result of the misuse or negligence of a unit owner. then Y such unit owner shall be responsible and liable for all of such damage. All damaged improvements shall be restored substantially to the same eonditioe in which they existed prior to the damage. All maintenance, repairs and replacements as to the general common elements, whether located inside or outside of units (unitise notes- aitated by the negligence or misuse of a unit owner, in which case such expense shall be charged Co such unit owner), shall be the common expense of all of the owners. 18. Owners' Maintenance Responsibility. For purposes of maintenance,. repair, sltera- S . lino and rtmedeling, an owner shall he domed to own the interior non-supporting walls, the materials (suet• as, but net limited to, plaster, gypsum dry wall, paneling, wall- paper, paint, wall and floor tile and flooring, but not including the sub - flooring) e ! making up the finished surfaces of the perimeter walls, ceilings and floors within the unit, including unit doors and windows. The owner Abell not be deemed to ow f +!;. lines, pipes, what, conduits or systems (which for brevity are l,erein and hereafter referred to as utilities) running through his unit which serve one or more other omm units except as a tenant in con with the other owners. such utilities shall rot , be disturbed or relocated by an owner without the written consent and approval of the ti A Board of Managers. Such right to repair, alter and remodel Is coupled with the cbli- gation to replace any finlabing or other materials removed with similar or other types or kinds of materials. M owner shall maintain and keep in repair the Interior of his own unit, including the fixtures thereof. All fixtures and equipment installed within the unit commencing at a point where the utilities enter the unit shall be • �(,n�• maintained and kept in repair by the owner thereof. An owner shall do no act no: any • 1 385 ;uk959 werk that will impair Lhi socndaeta or rnc; : of or impair any easement or herelStament. An owner shall (loo keep the balcony area appurtenant to his unit in a clean and sanitary condition. All other maintenance or repairs to any limited cowman elements, except as caused or permitted by the c, ner's negligence, misuse or neglect thereof, shall be a common expense of all of the owners. • 19. Compliance with Provisions of Declaration B• -Laws of the Association. Each owner shall comply strictly with the provisions of this Declaration, the certificate of Incorporation and By -Laws of the Association, and the decisions and resolution I [{ of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shill be grounds for an action to recover sus due, for damages or injvnctive relief or both, and for reimbursement of all attcrny's fees incurred in connection therewith, which action shall be main- tainable by the managing Agent or Board of Managers in the name of the Association on behalf of the owners or, in • proper case, by an aggrieved owner. 20. Psvocation or Amendment to Declaration. This Declaration shall not be evoked unless all of the owners and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all of the condominium unite unanimously consent and agree tossgl, revocation by instrument(s) duly recorded. This Declaration shall • not . unless the owners representing a P S aggregate ownership interest of sixty per cent, or more; of the general common elements and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all condominium units consent and agree to such amendment by instrument(s) duly recorded( provided, however, that the percentage or the undivided interest in the general cos on elements appurtenant to each unit, as expressed in this Declaration, shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended Declaration duly recorded, and provided, further, that revocation of this Declaration shall always require the consent of all of the owners. 21. Additions, Alterations and Improvements of General and Limited Common Eleme:ta. There shall be no additions, alterations or improvements of or to the general and limited MOWN) elements by the Association requiring an expenditure in excess of Two Hundred Fifty Dollars per unit in any one calendar year without prior approval e of • majority of the owners, and such expenditurs(s) shall be a common expense. Such limitation shall not be applicable to the replacement, repair, maintenance or obsolo- ". seance of any ge ral or limited coaeon element ur cowman personal property. -B- a +1b '" zr 0 385 attest t r tiez watanated o actual, imposed by the ozed i i beard of taxayrrs of th Association to meet the sateen expenses. The ;assessments shell b e made according i to each owner's percentage or fractions( interest in and to the general common elements. The limited common elements shall be maintained es general cartoon elements, and owners having esclusivw use thereof'shall not be subject to an special char any Sea °+ assessments for the repair or maintenance thereof. Assessments for the estimated common expenses shall be due in advance on the first day of each I calendar q , or more frequently as way be determined $({ ermined by the Board of Managers f or Managing Agent, The Managing Agent or Board of Managers shall 11 if prepare and deliver g or mail to each owner a statement for the estimated or actual apeman expenses_ { in the event the ownership of • eondominius unit, title to which Is derived from Declarant, commences on a day other' than the first day of the asses aaent+period, the assessment for that period shall be prorated. Tm assessments made shall be based the cash requirements deemed to be such aggregate sum as the Managing Agent, or if there is no Managing Agent, then the Board of Managers of the Asaeeiatien, shall fro* time to time determine as to be ;wild by all of the eondueuim unit owners to provide for the payment of all estimated expenses growing out of or eunnected with the mafa- tenants, repair, operation, additions, alterations and improvements of and to the general crony, element., which am may include, but shall not be limited to, expenses of management; taxes and special assessments until separately assessed: preelans for , fire insurance with extended coverage and vandalism end granitic mischief with endorse_ ' meets attached issued in the flaunt of the maximum replacement value of all of the condminium units (including all futures; interior walls and partitions; decorated I and finished svrfaces of perimeter walla, floors and ceilings; doors, windows and ` other elements or materials comprising a part of the units); casualty and public liability and other insurance premiums; landscaping and care Of grovndp romp^ lighting and heating; repairs and renovatlonet trash and garbage collections; wages; ensokes water and sever charges; legal and accounting fees; management and rental fees; i expenses and liabilities incurred by the managing Agent or Board of managers on be- half of the unit owners under or by reason of this Declaration and the e I 1 As.oeiatlm 9 t for any deficit remaining from a of .the 3 ,r - eviune ;cried; the creatio on o of f ° reasonable contingency, £ ncy reserve, wart/ins capital and sinks l sinking funds as as other costs and expenses relating to the general common elements_ The oeissim w failure J 3 of the Board of Managers to fix the as sessment for any period shall not be deemed a waiver, modification or a release of the owners from their obligation to pay the 'axe. The Association may require each owner to deposit n,4 maintain with the A._ociati Gn an amount equal to one quarterly ettlma,ed actetrment for ute •a .yri.ing capital. I 9. 5'� of -tin , - - 0 - r It , .. . N! +A X13 &5 ,ui�i Anything herein to the contra j e contrary rotwl th etandLa. that Dvcl Brant sAe13 1 be responsible for assessments acceding to the following formula: Until all units are sold and deed transferred. the actual expenses for the eperetion of the condominiums will be divided equally between all of the units in the condominium project and such bills paid monthly r 23. Insurance. The managing Agent, or if there is no Managing Agent, then the 1 Hoard of managers of the Association, shall obtain and maintain at all times in- surance of the type end kind provided hereinabove and including for such other risks, of a similar or dissimilar nature. as are or shall hereafter customarily be covered with respect to other condominium buildings, fixtures, equipment and personal property, similar in construction, design and use, issued by responsible insurance companies authorised to do business in the State of Colorado. The insurance shall be tarried in blanket policy form naming the Association the insured, as attorney -in -fact for all of the condominium unit onwers, which policy or policies shall identify the Interest of each condominium unit owner (owner's name, unit number, building designation), '.. and which policy or policies shall provide • standard, non - contributory mortgagee clause in favor of each first mortgagee. It sh 11 also provide that the policy can_ not be cancelled until after tan days prior w' -:ten notice is first given to each saner and each first mortgagee. The managing agent. or if there is no managing Agent. then the Hoard of Managers, shall also obtain and maintain, to the extent obtainable, public liability insurance in such limits es may from time to time be determined, covering each unit owner, each weber of the Hoard of Managers, the Managing Agent. and the resident manager. such public liability coverage shall also cover cross liability claim of one insured against another and shall contain waivers of subrogation. Each toner may obtain additional insurance at him own expense for his own benefit provided that all such policies shall contain waivers of subrogation and provided, further. that the liability of the carriers issuing insurance shall net be affected or diminished by reason of any such insurance carried by any unit Owner. Insurance raverage on the furnishings and other item of personal property e- longing to an owner and casualty and public liability insurance coverage within each individual unit shall be the responsibility of the owner thereof. 9 y a 1d- i i L. • Ira 0 • ,A , .,._'385 t.962 s 1 24. gwuers' personal Obligation for Payment of A/MessrMr.te. The amount of the a common expense, assessed against each condominium unit shall be the personal and in- dividual debt of the owner thereof. No owner my exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any ` of the common elements or by abandonment of his unit. Both the Board of Managers and .managing Agent shall have the responsibility to take prompt action to collect any unpaid assessment which remains unpaid more than 15 days from the due date for 1 payment thereof. In the event of default in the payment of the assessment. the unit owner shall be obligated to pay interest at the rate of twain per cant per annum on the amount of the asssssment from dna date thereof, together with all expenses, including attorney's fees, incurred together with such late charges as provided by the By -Lws of the Association. Suit to recover a honey judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing same. • 25. Assessment Lien. All suns but unpaid for the share of common expenses 1, chargeable to any condominium unit shall constitute a lien on such unit superior to all other liens and enennbrances. except only for tax and special assessments liens on the unit in favor of any assessing unit, and all sums npaid on a first mortgage I m I , or first deed of 'trust of record, including all unpaid obligatory sums as may be pro- aided by such encumbrance. To evidence such lien, the Board of Managers or the Managing Agent shell prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness. the amount of the accrued interest and late charges thereon, the name of the owner of the condominium unit and a description of the condominium Unit. Such • notice shall be signed by one of the Board of managers i or by one of the officers of the Association or by the Managing Agent and shall be recorded in the office of the Clerk and Recorder of the County referred to in Exhibit , A. Such lien shall attach from the due date of the Assessment. Such lien may be enforced by the foreclosure of the defaulting owner's condominium unit by the Asrocia- tios in like manner as a mortgage on real property upon the recording of • matte or I t it claim thereof. In any such proceedings the wner shall be required to per the stets, expenses and attorney's fees incurred for filing the lien. and in the event of fore- closure proceedings. all additional costs, all expenses and reasonable attorney's e fees incurred but not loss than the amount recommended by the Bar Association of said I 1 County according to the then current published and recommended fee schedule for fore - t ti 1 ,, -11- L 1 • • m .0,365 •(:983 c 1 losure proceedings (for foreclosure proceedings through Court). Tile ovi.er of the condominium unit being foreclosed shall be required to pay to the Association :la monthly assessment for the condominium unit during the period of foreclosure, ani the Association shall be entitled to a receiver to collect the sap. The Association c shall have the power to bid in One condominium. unit at forelosure or other legal sale and to acquire and hold. lease, r a e, vote o the voter appurtenant to, convey or othe:wlse deal with the sap on . Any encumbrancer holding a ]!en 1 enndominl ' um unit i say pay. but shall not be required to pay, any unpaid common expenses payable with respect to such unit, and upon such payment such encumbrancer shall have a Ilan on • such unit for the amounts paid of the same rant: as the lien of his encumbrance without the necessity of having to record a notice or claim of such lien. Upon request of 1 a mortgagee, the Association shall report to tin mortgagee of a condominium unit any ' unpaid =seamen= remaining unpaid for Longer than twenty -five days after the sap are due; provided, however, that a mortgagee shall have furnished to the Managing • Agent or to the Board of Managers notice of such encumbrance. 26. Liability for Coenon Deane* Upon Transfer of Condoned= Unit is .joint. Upon i 1 . p=Yount to the Managing Agent, or if there is no Managing Agent, then to the Board of it - Managers of the Association, of a reasonable fee not to exceed Twenty - ?eve Dollars, i and upon the written request of any owner or any mortgages or prospective mortgagee of a cendesiniuw unit the Association, by its Managing Agent, or if there is no Managing Agent, [Tan ty the financial officer of the Association. shall issue a written statement setting forth the amount of the unpaid common expenses, if anny, with respect to the subject unit, j the amount of the current monthly aseessment and the date that such assessment becomes due. credit for any advanced payments of etmemon L wants, for prepaid items, such as insurance premiums, but not including as- a cumulated amounts for reserves or sinking funds, /f any, which statement shall be conclusive upon the Association in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within ten days, all unpaid common expenses which become due prior to the date of mekitg t such request shall be subordinate to the rights of the ' person requesting such state- , went grantee of a condominium unit shall be jointly and severally liable with , The the grantor for all unpaid assessments against the latter for the unpaid comm amens up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor, -11- I • r 1 c ia385 :11964 provided. ho.'ever, that upon payment of a reasonable fee not to exceed 'naenty -Five Dollars. as is provided hereinabove, and upon written request, any such prospective grantee shall be entitled to a statement from the managing Agent. or if there 3s no managing Agent, then from the Board of Managers of the Association, setting fort the amount of the unpaid assessments, if any, with respect to the subject condominium j unit, the amount of the current monthly sssesamen!. the date that such assessment . becomes due, end credits for any advanced payments of Casco nts, prepaid i ! ) items. such as insurance premiums, which atatement shall be conclusive upon the Association. unless such request for such a statement shall be complied with within ten days after such request. then such requesting grantee shall not be liable for. v. ' nor shall the unit conveyed by subject t• a lien for any unpaid assessments against the subject unit. The provisions set forth in this paragraph shall not apply to the initial sales and conveyances of the condominium units wade by Declarant, and such sales shall be free from all common expenses to the date of conveyanrr made or to a date as agreed upon by Declarant and Declarant's grantee. 27. mortgaging • Condceiniun Unit - Priority. M miner shall hive the right from I time to do yto mortgage or enpmseer his interest by deed of trust, mortgage or other security instrument. A first Mortgage shell be one which has first and pars- - e 1 Mount priority under applicable law. The owner of a condominium unit may create junior mortgages, .liens or encumbrances on the following conditions) (1) that any such junior mortgages shall always be subordinate to all of the terms, conditions, • covenants, restrictions, uses, limitations, obligations, lien for common expenses, and other obligations created by this Ieelmrstion, the Certificate of Ineorporsnon and the Sy -laws of the Asseef scion) 12) that the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises by the Association. Such release shall to furnishes forthwith bye junior mortgagee upon written request of one or more of the members of the Board of Managers of the Association, and it such request is not granted, such release may be executed by the Associ•tion as attorney -in -fact for such junior mortgagee. • r > 9 1 —11— A 1 • r t`' 1 t.o1385 tii 365 IS. Association as Attorney -in -Tact. This Declaration does hereby make randeto- 'Y the irrevocable appointment of an attorney -in -fact to .:eel with the property upon its destruction, for repair, reconstruction. or ohsolescence. Title to any c_. icminium unit is declared and expressly made subject to the terms and condition. hereof, and acceptance by any grant.. of a deed or other instru- ment of conveyance from the Declarant or from any owner or grantor shall constitute I t appointment of the attorney -in -fact herein provided. All of the owners irrevocably I /, constitute and appoint the Association their true and lawful attorney in their none, j d ea place and stead for the purpose of dealing with the property upon its destruction or J obsolescence as is hereinafter provided. As attorney - ln - fact, the Association, by its President and Secretary or Assistant Secretary shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with renpect to the interest of • condominium unit cower which are necessary and appropriate to exercise the powers herein granted. Repair and reconstruction of the improvement(s) as used in the succeeding subparagraphs means restoring the improvement(a) to substantially the same condition in which they existed prior to the damage, with each unit and the general and limited common elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance connoted shall be available to the Association for the purpose of repair, restoration, reconstruction or replacements unless the owners and all first mortgagees agree not to rebuild in accordance with Use provisions set forth hereinafter. la) In the event of damage destruction due to fire or other disast•r, the insurance proceeds, if sufficient to reconstruct the improvement(s), shall be applied by the Association, as attorney -Sn -fact, to such reconstruction, and the Sm- provesent(a) shall be promptly repaired and reconstructed. The Association shall have full authority, right and power, as attorney -in -fact, to cause the repair ane restore - tion of the improvements. (b) If the insurance proceeds are insufficient to repair and reconstruct OA Smprovemeni(e), and i[ such damage is not more than sixty 1 c Y Per cent of all 0[ the condominium units (the whole property), not including land, such'damege or destine- " qq , ..'t Lion shall be promptly repaired and reconstructed by the Association, as attorney -in. [set, using the proceed* of insurance and the proceeds of an assessment to be made against all of the owners and their condominium units. Such deficiency assessmer_ Nell L. • coon expense and made pro 'eta according to each owner's percentage a interest in the 1 common element[ and shell be due and payable within thin. days after written notice thereof. The Annnciation shall have full authority, rleht 11 • L7; e; 385 m ro v l)6 d and power, as attorney - ,(ace, to cause the impair or restoration of the improve- ment(s) using all of the insurance proceeds for .tueA purposh notwithstanding the failure of an owner to ;my the assessment. The assesamant provided for herein shall be • debt of each owner and a lien on his condominium unit and may be enforced and collected as 1s provided in paragraph 25. In addition thereto. the Association. as attorney -in -feet, shell have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such deficiency assocsment within the time provided, and it not sn paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be sold by the Association. as attorney-in -fact, pursuant to the proviajo -s of this paragraph. The . delinquent cram( shall be'required to pay to the Association the costa and expanses for filing the notices, interest at the rate of eight per cent per annum on the amount of the aasessaent atd all reasonable attorney', fees. The proceeds derived Iran the sale of suer. condominium unit shall be used and disbursed by the Association, as attorney-in -fact, in following ( (1) Fax payment of taxes and special ssssssmanta liens in favor of any assessing entity and the customary expenas of isle; • (2) For payment of the balance of the lien of any first mortgage( '.. • (3) Par payment of unpaid common expenses and all costs, expenses and fees incurred by the Association( (e) For payment of junior liens and encumbrances in the order of and to the extent of their priority( and (5) t'he balance remaining, if any, shall be paid to the condominium • unit owner. . i . { (c) if "the insurance proceeds ar• insuit:tient to repair and reconstruct eke damaged improvement(,), and if such demean is more than slaty ).er cent of all of the condominium units (the whole property), not including land, and If the owners repro- . smiting an aggregate amerehip interest of fifty -one per cent. or more, of the general can elements do not voluntarily, within one hundred days thereafter, Make pro- - visions for reconstruction. which plan Must have the unanimous approval or consent • of every first mortgagee, the Association shall forthwith record • notice setting forth such fact or facts, and upon the recording of much notice by the Association's 1 President end gecretary or Assistant Secretary, the entire remaining premises shall be said by the Association pursuant to the provisions of this paragraph, as attorney- l in -fact for all of the owners, free and clear of the previsions contained in this Declaration, the (:ap and the by-Laws. The insurance settlement proceeds shall km -1 r t d :. T 4 385 M.( 967 collected by the Association, and such proceeds shawl be divided by the Association according to each owner's percentage interest in the General common elements. and such divided proceeds shall be paid into separate accounts, each such account re- t presenting one of the condominium units. Each such account shall be in the name of { the Association, and shall be further identified by the condominium unit designation and the name of the owner. from each separate account the Association, as attorney- in-fact, shall forthwith use and disburse the total amount (of each) of such accounts, without contribution from one account to another. toward the partial or full pal °set of the lien of any first mortgage against the condominium unit represented by such separate account. Each such account shall he supplemented by the apportioned amount of the proceeds obtained from the sale of the entire property. Such apportloneeat shall be based upon each condominium wit owner's percentage interest in the general croon elements. The total funds of each account shall be used and disbursed. without contribution from one account to another, by the Association, as attorney -in -fact, for the saw purposes and in the same order as is provided in subparagraph (b) (1) through (5) of this paragraph. If the owners representing en aggregate ownership Interest of fifty -one per asst, or more, of the general cocoon elements adopt a plan for reeonatreetlon, which plan has the unanimous approval of all first mortgapses, then all of the owners shall be bound by the terms and other provisions of such plan. My aasoswnt mode in eonnection with such pion shall be • common expense and made pro rata accordion i to each owner's percentage interest in the general common elements and shall be due and payable as provided by the tern of such plan, but not sooner than thirty days after written notice thereof. The Association shall have full authority, right and power, as attorney -in -fact. to cause the repair or restoration of improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Omer to pay the aseeesmont. meat provided for herein vha11 be a debt of each owner and a lien on his condominium unit and mey be enforced and collected si is provided in paragraph 25. In addition thereto, the Association, as attorney -in -fact. I shall have the absolute right and q power to x13 the condominium unit of any owner 4 refusing or failing to pey such scant within the time provided, and if not no }f paid, the Association shall cause to be recorded a notice that the condominium snit I of the delinquent owner shall be sold by the Association- T he d owner mall 4 a be required to pay to the Association the costs and expenses for filing the notices, 1g- i 1 " . 1 Q 0 i interest at the rate of eight � tta 385 imi / 9 per cent per annum on the amount of the assessment and all reasonable attorney's fees. The proceeds derived from the sale of such condominium unit shall be used and disbursed by the Association, as attorney -in- fart. for the same purposes and in the same order as is provided in subparagraph (b) (1) through (5) of this paragraph. (d) The owners representing an aggregate ownership interest of eighty per cent, or more. of the general common elements may agree that the general common elements lr are obsolete and adopt • plan for the renewal and reconstruction, which plan has the unanimous approval of all first mortgagees of record at the time of the adoption of such plan. If a plan for the renwal or reconstruction is adopted, notice of such e^ plan shall be recorded, and the expense of renewal and reconstruction shall be payable +; ° by all of the owners as common expenses, provided, J howver, twist an owner not •prey ' to such a plan for renewal or reconstruction may give written notice to the kssocia- ,ion within fifteen (15) days after the dap of adoption of such plan that such unit shall be purchased by the Association for the fair market value thereof. •The Associa- tion shall then have thirty days (thereafter) within which to cancel such plan. If such pram is not cancelled, the condominium unit of the requesting owner shall be purchased according to the following procedures. If such owner and the Association can agree on the fair market value thereof, then such sale shall be consummated with- in thirty days thereafter. If the parties are unable to • re, 9 the dap when either Party notifies the other that he or it is unable to agree with the other shall be %". the "cosrncseat date' from which all periods of time mentioned herein shall be measured. within ten days following the commencement date, each party shall nominate im writing (and give notice of such nomination to the other rt I++ y) an appraiser. If either party fails to make such nomination, the Appraiser nominated shall, within five days after def•lt by the other party, appoint and associate with him another -- s appraiser. I1 the two designated or selected appraisers are unable to agree, they shall appoint another appraiser to be umpire between them, if they can agree on such person. If they are unable to agree upon such umpire, tech appraiser previously appointed a• - .all nominate two appraisers, and from the names of the four appraisers so nominated eat shall be drawn by lot by any judge of any court of record in Colorado, and the nut so drawn shall he such umpire. The nominations free whom the umpire is to be drawn by £ lot she :n shall be submitted within t• days of the failure of the two appraisers to agree, 1 Y which, in any went, shall not be later than twenty days following the appointment of i J es -17- r f the second e_p ;cites. Toe derision of the appraisers at to the fafr O)`385 :41./969 :n the case of their master value, p o r disagreement, ther such decision of the umpire, and binding. The es shall be final pe +sus and fees of such appraisers shell be borne equally by the t Association and the owner. .he sale shall be censure-sated within fifteen days there- after. and the Association, as atto rney -in -fact. shall disburse such proceeds for em the se 1 i purposes and in the same order as is provided in subparagraph (b) (1) through 1 (5) of this paragraph, except as moth lied herein. (a) The owners representing en aggregate ownership interest of one hundred per cent, cr more, of the general common elements may agree that the condominium units arc obsolete and that the Sane should be cold. Suth plan wont have too y 1 . sows 1 s approval of every first mortgagee. gee. 1n such instance, the Association shall forty - with record • notice setting forth such fact or Acts, and upon the recording of such notice by the Association's President and Secretory or Assistant Secretary, the entire premises shall be sold by the AsaeciatSw, ai attorney -in -Act for all of the owners, free and clear of the provision(' contained in this Declaration, the Map and the Sy- - Laws. the sales proceeds shall be apportioned between the owners on the basis of .. each owner's percentage interest in the general meson elements, and such apportioned proceeds shall.be paid into separate accounts, each such arcount representing use con_ . i t dominion wit. Each such account shall be in the name of the Association, and shall be further identified by the eon deaf nium wit designation and the nom of the owner. From each separate aeeeynt the Assxiatiw, as attorney -in -face, shell we and die_ bursa the total amount (of each) of such accounts, without contribution from one purpose account to ('nether, for the ease 1 s and in the same order as is provided in subparagraph A) (1) throne), (5) of this I paragraph. 39. Personal Pr tv for Cemmn Usa. The Asa I Association, as attorney-in-fact ter all } of the owners, may acquire and hold for the use and `. benefit e[ all of the co'desiniw I M wit owners, real, tangible and intangible personal property and may dispose of the same by sale or otherwise. The beneficial interest In any such ro p perry shall be owned by all of the 'condominium unit owners in the same proportion as their respa_tive ( ca Interests in the general common elements, and such interest therein shall not be I Y transferable except with • conveyance of a condominium unit. A conveyance of • d condominium wit shall transfer to the ! k ownership of t � interest t in the granters beneficial o property without any reference thereto in the deed. Pooh owner na use such property in accordance with the purpose for which it Is intended without . i 1 1 B- 0 0 ...n385 iat.E9'iii 1111 any reference thereto in the deed. Each owner may use such property in accordance G with the purpose for vhlch it is intended without hindering or encroaching upon the lawful rights of the other owners. The trensrer of title to a condoadnium unit under foreclosure shell entitle the purchaser to the beneficial interest in such personal property associated with the foreclosed condominium 1' nium unLt. 3 q € ' ...�_ 30. Aecfstation of Wallin g Address. Each owner shall register his mailing address y,, with the Association, and notices or demands intended to be served upon an owner ..a shall be sent by mail, postage prepaid, addressed in the name of the owner at such registered mailing address. - a f C ;„ 31. Period oondominl ao Ownerahl . r The separate condominium this Dec3arat3on and estates r creased by { the Map shall cantinas until this Declaration A2 is revoked in the s., manner and is provided is paragraph 20 of thin "' Declaration or until terminated manner and as is provided in a !r G.t• Lion. subparagraph (e) or te) of paragraph 28 of this bet/.n- , 32. General AeaenatSons. Declara res erves thr ri h t to establish easements, reservations, exceptions and exclusion consistent with the condominium ownarshyp of the condominium project and for the best interests of the condominium unft ! _ std the Aseoetation in ordor to ownra - 1 stns the emir nium project. 33. moral. I n (a) If any of the provisions of this Declaration claration or any paragraph, sentence, clause, phrase or word. or the application thereof in any circumstance be irva]idated, such invalidity shall not Affect the validity of the remainder of this Declaration, an d the application of any such provision, paragraph, sentence, clause, phrase or I word in any other circumstances shall not be affected thereby. (bl the provisions of this Declaration shall be in addition to and supplemsntal I II' to the Condominium Q Act of the State of Colorado o end to all other Previsions of law. (e) That whenever used he rein, unless the contest shall otherwise provide, ' the singular number shall irclude the Mural, the Plural the singular, and the use 1 of any gender ohall include all genders. t !I ; I I i • ]Y_ t 41 • ..- . , ... .-. 1:: p:tLS ;:-.iti,L-71% N has duly execu(ed: Declaration this yi of ntgayly___. 1980 ..-11395 rit4971. . . X. Egan A . STATE OF COLORADO ) ) •s CITY 4 COUNTY OF DENVER ) The foregoing interment we acknomledgmd before ae this 2211) day of _nlsaaas_. 1980 by Mary R. Egan. 1 , 1 .. Witness ay hand and official • .. -.0.. ..n 1\ . .. esl. C LO : ve... I . My commission expires: ifrIO ax:Teg NUI. 3. 043 ; 4 .p. . • ..\: t —thCbUiltga),___agaL. 1 t. NOTARY PUBLIC r 1 I .•'" • . It • I I I ' 1 I 4 i,1 , e -20- 1 h ; 4 . .-; . 4 : '' - .. . _ e • , )> w ««,, � j < _Jr '. . _ ' . • ilk _ 85 • ` \ . . ; ��- ____� __��.® °�� EACRIBIT "A" ., - Appurtenant Undivided Unit Designation Interest (Pereentagel • i — / z � �` ■ \ w ref n rndn-,,,,,/ \ ` . - : ., 7 . f /q. ffrk- MR 563 w870 ANEIMME lr No. 1 TO CONOONINIUN DECLARATION FOR 1445 SIERRA VISA DUPLEX OUREQS ASSOCIATION • 1. That the Condominium Declaration for 1445 Sierra Vista Duplex Owners Association Executed by Nary X. Egan under date of r March 21, 1980 (hereinafter the "Declaration'') were filed for record in the office of the Clerk and Recorder of the County of Pitkin, Colorado on April 3, 1980 in Book 385 at page 952. 2. That the Condominium Map was Recorded in the Records of the clerk and Recorder of the County of Pitkin, Colorado in Plat Book 9 at page 25 and the Condominium Units axe property - identified as Unit 1 and Unit 2 on said map. • 3. That Exhibit "B" to the Declarations erroneously refers to the Condominium Units as Unit A and Unit B. A3f Now, therefore pursuant to the provisions of Article 20, of the Declarations, Exhibit "B" of the Declarations is amended to Read as follows: E rr "EXHIBIT "B" ��I1` Unit Designation Appurtenant Undivided enation J Interest (Percentage) i Unit 1, as shown on the Condominium Nap 'worded in Plat Book 9 at page 25 a. of the Records of the Clerk and Recorder of the County z m C 1 of Pitkin, Colorado 50% : < Unit 2, as shown on the : Condominium Nap Record it a d Plat Book 9 at page r of the m Records of the Clerk and m Recorder of the County of 23 a Pitkin, Colorado 508 1008" This Amendment may be executed in counter -parts and when so executed shall have the effect of a single, fully executed, Amendment. • • 9 • BOOK 563 marl Mary K. Egan Mary E. Egah d /b /a Sierra Vista Joint Venture Sierra Vista, II, a Colorado General Partnership By • • Mary R. Egan, General Partner By . ) Donal J. Egan, General lartner Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Eela Grynberg Trust, the Stephen Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968 . y By 11 (.*4 *CM e ri(.d ( [v] � ' Ce e C. Grynberg, rusts By Des O ane True Being all of the Owners of ' interests in said 1445 Sierra Vista Duplex Condominiums First Federal Savings and 111 Loan Association of Creston A_ Attest: W By Being the Beneficiary of Deady of Trust Encumbering both of the Condominium Units of 1445 Sierra Vista Duplex Condominiums 2 • 1 ( p op c 563 mg872 STATE OF COLORADO ) ss . COUNTY OF ARAPAEOE 1 The foregoing instrument was acknowledged before me this • day of April, 1988, by Ny a A. Egan, individually and d /b /a Sierra Vista Joint Venture aad Mary K. Egan and Donald J. Egan as the General Partners of Sierra Vista II, a Colorado ,General Partnership. My commission ezpirea , 197 Witnesi`My hand and official seal. ! - 1 Notary Pub c, � i ce + '.o ± ot Public c ` Le . .G L L Address cf No f >L STATE OF COLORADO ) es. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before ma this t' day of April, 1988, by Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Eels Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968. My commission expires ,5 -'Z' 19 �,f witness my'I -u and official seal. • e ✓ eI I rn r2 " A Notary , P uubblJ . c � (/ /� _ '5 u A61 ,6114 4, 2ZJL H. Address of an Public STATE OF I 1 ss. COUNTY OF 1 The foregoing instrment was acknowledged before me this day of 1988 by as and as of First Federal Savings and Loan Association of creeton. My commission expires , 19 witness my hand and official seal. Notary Public Address of Notary Public is) 3 r. / 4 Y BOOB 563 me873 _ Mary K. Egan .. _. - Mary K. Egan d /b /a Sierra Vista Joint Ventura Sierra Vista, II, a Colorado General Partnership By Mary K. Egan, General Partner BY Donald J. Egan, General artner Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Bela Grynberg Trust, the Stephen Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968 By 4 Celeste C. Grynberg, Trustee By I ` Dean G. Smernoff, Trustee Rap Being all of the Owners of ICA) interests in said 1445 Sierra • Vista Duplex Condominium First Federal Savings and Loan Association of Creston Attest B 1� / �I . l r n: nm.4 ^ Gary L. anis, President Karlin E. e SL Being the Beneficiary of Deeds Vice President ac a Secretary Being True ««�Encumbering both of the Condaai� Units of 1445 Sierra V111llista Duplex Condaainiuma 2 • e It • i 1 1 E _ __J CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429 -2778 DATE: 02.28.2011 PROJECT: 1445 Sierra Vista Drive, Height Variance REPRESENTATIVE: Stephen: Stephen @terralinkstructures.com LAND USE REQUEST: Height Variance for fence DESCRIPTION: 1445 Sierra Vista Drive is located adjacent to the Aspen Municipal Golf Course. The potential applicant requests approval to construct a fence entirely contained on their private property that exceeds the maximum height requirement for fences in order to protect their home and its residents from errant golf balls. Section 26.575.050 Fences of the Aspen Municipal Code states: "Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards (see Chapters 26.410 and 26.412). Fences visible from the public right of way shall be constructed of wood, stone, wrought iron or masonry..." A height variance is under the purview of City Council and is considered a minor application that shall be reviewed during a noticed public hearing. The application shall address the criteria listed in Land Use Code Section 26.314 Variances. Staff recommends that the applicant include a condition of approval that the fence is taken down during the winter season. Application: http: / /www.aspenpitkin.com /Portals /O /docs /City /Comdev/ Apps% 20and %20Fees /landuseappform.pdf Land Use Code: http://www.aspenpitkin.com / Departments / Community-Development /Planninq- and- Zoninq/Title -26- Land - Use - Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.314 Variances 26.575.050 Fences Review by: Staff, City Council Public Notice: Required at City Council. Planning Fees: $1,470 deposit for 6 hours (additional staff time billed hourly at $245/hr.) Referral Fees: Parks( Minor): $212. Total Deposit: $1,682. Pre - application summary 1445 Sierra Vista Dr. Page 1 of 2 eTh To apply, submit the following information: Total deposit for review of the application. Proof of ownership. Completed Land Use Application Form. A signed fee agreement. A Pre - Application Conference Summary. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Existing and proposed site plan A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. A written description of the requested variance and an explanation of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 10 Copies of the complete application packet. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. FROM : PHONE N0. : 3037701719 Mar. 11 2011 08:26RM P1 rowland +brougbton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9008 office 970.544.3473 fax 8 Mardi 2011 City of Aspen Community Development 130 9, Galena Street 3rd Floor Aspen, CO 81811 . PROJECT: Gwen - Zee PROJECT A 1445 Erna Nan Pee ate (IMAM rant* Fria teettlf mows anOPlDAlnenanenf SAUECr Ommitcaaer CC: To Whom it May Concern: This Inc Semis as nSaiaaon br Rostandeoughlon AniileWiw and Ur Design to ad es • 2 Gerd Midentletatntet 3800. S. Yosemite SeeetS iiSe 900 . Dama,'C0ewzi . Owner Rep eensetrs Saab 8mtotton • ttowlad.&oupmtm NdNMCaae and Mon Design 117 S. Monndt Sant Aspen, co 81811 Please o2ntad us wits any questions. regents. a, Cease Gryrbn9 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor /Treasurer Property Search I Assessor Subsct Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential /Commercial Improvement Detail Land Detail Photographs Tax Area Account Number Parcel Number 2010 Mill Levy 001 R009473 273511108008 26.708 Owner Name and Address GRYNBERG MIRIAM ZELA TRUST 3600 S YOSEMITE ST STE 900 DENVER, CO 80237 Legal Description Subdivision: SIERRA VISTA DUPLEX Unit: B DESC: AKA UNIT 1 Location Physical Address: 1445 SIERRA VISTA DR ASPEN Subdivision: (SIERRA VISTA DUPLEX Land Acres: Land Sq Ft: jo 2010 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 2,500,000 199,000 Total: 2,500,000 199,000 RECEIVED N owland +Lroughton MAR 17 2011 FF° architecture and urban design ° '' r ` r 1 p 'm = n 17 March 2011 CITY OF ASPEN 8 0 y COMMUNITY DEVELOPMENT ; CD Sara Adams - Senior Planner - o Planning and Zoning 2 ° r 130 S. Galena Street N n Aspen, CO 81611 - 0 F, O w PROJECT: Grynberg Residence - 1445 Sierra Vista Drive 1 co °' LAND USE REQUEST: Fence Height Variance 3 0 CC: Stephen Aragon - Terralink Structures a0o Cr Dear Sara, a o c a 0 0 co < Project Description — o — 8 The existing Grynberg residence was recently remodeled by Rowland +Broughton and Terralink Structures. This o w remodel did not alter the house's distance or relationship to the golf course and it is in its' original 1969 location. 3 7 The owner would like to protect the house and yard from errant golf balls by installing a golf deflection net. The o net would be located within their property line. O co co Legal Description — Subdivision: SIERRA VISTA DUPLEX Unit: B DESC: AKA UNIT 1 Variance — 26.575.050. Fences - Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards. This application is asking for a height variance for a fence. The proximity of the residence and yard to the golf course is a constant concern for the owner. The property is located half way through Hole 16 on the Aspen Golf Course. a HOLE 16 es s e Residence Location This is a prime location for errant golf balls and is a significant hazard to the safety of the multi - generational family. During the course of the remodel, during last year's golf season, at least 45 golf balls were found in the yard or had hit the house. We are proposing the addition of a golf deflection net to be installed on their property. The golf deflection net will be constructed of Redden #970, 1" mesh. This material was recommended to us by Steve Aiken with the City of Aspen Golf Course and it does not have a significant visual impact. This material has been used on other houses facing the golf course. Please reference Attachment A. Support poles will be erected within the existing trees to limit the visual impact of the supports. The existing trees are between 15-0" and 25' -0 ". The overall height requested is 15' -0" which was the recommended height given to us by Steve Aiken for protection of the yard from the golf course activity while minimizing impact of the poles within the trees. The poles will be steel and finished for minimal reflectivity. Please reference the enclosed site plan for exact locations and dimensions. Thank you for the opportunity to present this project and we welcome any conversation or questions regarding this application. Sincerely, Dana Ganssle, Associate AIA + LEED AP / 4 4' ® � . ■ « Re / •\ ! } @ N & \� 4 04 V # ®%N / » & / rte / « . % > / A � � « . c / _ r ® //* i - ®; 7 &. 1 , ± • e 4 4A> / ®� ` iy ,. #, @ \ ©© «: a ` ®` ^��`: H \ 2 a ae et . t t.; \\ »� a \ X \ M , G § 0 , 2 ;;‘Al, } 4 : . & • ■ a e q « « ƒ « ��IA % S J % \ ® opal e) & i %. % tee Sale Date: Sale Price: Basic Building Characteristics Number of Residential Buildings: 1 Number of Comm/Ind Buildings: 10 Residential Building Occurrence 0 Characteristics FIRST FLOOR STORAGE: 56 UNFINISHED BSMT: 80 FINISHED BSMT: 1,570 2ND FLOOR: 363 FIRST FLOOR: 1,256 FINISHED GARAGE: 253 CONCRETE PATIO: 100 WOOD BALCONY: 966 Total Heated Area: 3,189 Property Class: DUPLEX CONDO IMPS Actual Year Built: 1969 Effective Year Built: 2008 Last Remodel: 2010 Bedrooms: 5 Baths: 5.5 Quality of Construction: DUP CONDO 12+ Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: CARPET Heat Type: RAD WATER Heating Fuel: GAS Roof Cover: BUILT -UP Roof Structure: GABLE /HIP Neighborhood: WEST ASPEN GOLF COURSE Super Nbhd: WEST ASPEN Tax Information Balance Due as of 9/14/2010 $0.00 Current Year Balance Due ATTACHMENT A 41101 , 1 ,:'-':-...‘„ '4 ' • • ' . . r1 I : `�I�• _ - i j� r 7■ i •� 1: 1111111111 J ) :It -- 'Ilb: * 1101l L I'''' , . , _ —_ . , _ ... . f'' { CC gBi;mt, i s f iii -C43/8831 i g Chc Ling G = 0 oe "a 6 w y ❑ s,' as m cC U > wZ i5 1":1%...= " oco mw p C NOa r 11 m t s m o' a > rn 7 ' Es OF w r c Mil 06 . in i=i i m N m II W o o F O > Z J O J � d 5 J W W W W F 2 W W W N u_ r e. 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S y r -`' ; ■ Z $ %S 4 °,r ,, ,. f , , a 1 a W v / -v A - YS 33 / ' v — s ' e ' o -., n 1 \ ,�\ E9- n r / v m v m / ° ■ O a , i / _ - ns I sm .. u¢ / �. .. —_ I I - - _ / as t. -4 I 4 . 'f � c ° �g� a° it a l E a 1_0115 IF» o y a 0 .9-1 3 oe ,, 7n4 _ ! p 9-a _ a s ¢ i. , I I Q Na 1 ;OK °o.�c __ rldl � - 9-N -8 � gtl VS 4 I o m o n m I,„ D 1 „dc oE � a l� _ _ o eu I s u � "a _ ' t d a ° mm < It si , II II�II o O w_. \ i m y I a k3n3sr3 unun a M 4Z 11.50N , , fZ 351 i., o o 0 ¢ N O O b n 0 / d C'. N Ong:, u l \ \ g II II p II �Yx �! �IIJ�, 9- u a LO VI + II 1 6 > CO Jr \\ 3 W Y ) N : Z 1i [ o w .J 3 V .-J. LL 01 Wit 241 22,22 Title Pro LC Order: 1445 SIERRA VISTA DR PITKIN Comment: Tuesday, June 14, 2011 09:21 AM State County Type Document Information Print Description CO Pitkin Document - DocID 566699 Complete 2 Page(s) '..., JUL 0 # lGi1 CITY OF ASPEN COMMUNITY DEVELOPMENT RECEPTION #: 566699, 02/02/2010 at 08:45:48 AM, 1 OF 2, R $11.00 # Janice K. Vos Caudill, PitJ/"t County, CO • SECOND AMENDMENT TO CONDOMINIUM DECLARATION FOR 1445 SIERRA VISTA DUPLEX OWNERS ASSOCIATION This Second Amendment to the Condominium Declaration for for 1445 a Vista Duplex Owners Association ( "Second Amendment ") is made this a day o 2010. WITNESSTH: WHEREAS, Mary K. Egan, the Declarant, caused to be made and recorded the Condominium Declaration for the 1445 Sierra Vista Duplex Owners Association ( "Project ") in Book 385 at Page 952 of the records of Pitkin County, Colorado, the First Amendment to the Condominium Declaration in Book 563 at Page 870, (collectively the "Declaration ") and the Condominium Map thereof recorded in Plat Book 9 at Page 25 (the "Original Condominium Map "), and WHEREAS, by signing herein and recording this Second Amendment to the Condominium Declaration for the 1445 Sierra Vista Duplex Owners Association ( "Second Amendment"), the current owners of at least an undivided sixty percent (60 %) interest in the common elements of the condominium units in the Project approve this Second Amendment to allocate the allowable Floor Area, as defined in the City of Aspen Municipal Code (the "Code ") dated January , 2010, and ,U /4 WHEREAS, the current owner of Unit 1 is commencing a project to expand said Unit to its maximum allocated Floor Area as established below, and WHEREAS, Paragraph 20 of the Declaration imposed a requirement of the affirmative vote of not less than owners owning sixty percent (60 %) undivided interest in the Common Elements to effect the result sought; and, the Declaration may be amended from time to time upon the affirmative vote of not less than sixty percent (60 %) of the ownership interest in the common elements with the consent of all First Mortgagees of condominium units, and WHEREAS, one - hundred percent (100 %) in interest of the Owners have voted in favor of this Second Amendment by signing herein and recording this Second Amendment; and, there are no First Mortgagees, and Now, therefore, the following Amendment is hereby made to the Declaration: 1. All definitions contained in the Declaration shall have the same meaning herein. 2. The total allowable Floor Area for the Project, as defined in Section 25.575.020(A) of the City of Aspen Municipal Code, and pursuant to Section 26.710.050(D)(1), Floor Area Ratio for the R -15 (Moderate Density) zone district, Description: Pitkin,CO Document - DociD 566699 Page: 1 of 2 Order: 1445 SIERRA VISTA DR PITRIN Comment: - - -- -- - - - - -- - -- -- -- - RECEPTION #: 566699, 02/02/2010 at 08:45:48 AM, 2 OF 2, Janice K. Vos Caudill, Pitkif CO Second Amendment for 1445 Sierra Vista Duplex Owners Association is 4 982 square feet. The allowable Floor Area is based on a total lot area of 16,026 square feet pursuant to the Code dated January , 2010. 3. The Association has agreed to allocate 2.439 square feet of Floor Area to Unit 1 and 2 543 square feet of Floor Area to Unit 2. This allocation shall be in perpetuity. 4. If the allowable Floor Area for the entire Project, pursuant to the Code, is increased by the City of Aspen (the "City"), then Unit 1 and Unit 2 shall split any excess with one -half (1/2) of the additional square feet of Floor Area to be allocated to Unit 1 and one -half (1/2) of the additional square feet of Floor Area to be allocated to Unit 2. 5. Unit 1 shall not have to be changed or modified to provide the Floor Area allocated to Unit 2 in this Second Amendment in the event a there is a decrease in the allowable Floor Area for the entire Project as the result of a change or amendment to the Code. The owner of Unit 1 shall not have to compensate, or in any other way be liable to, the owner of Unit 2 should such decrease result in a loss of Floor Area available for Unit 2. IN WITNESS WHEREOF, the undersigned have executed this First Amendment on the day and year above fast written. u L,.•%.Lailt.s4 ettetCA 50% undivided interest in the ”m iir i, /Pa fl �� �f er of rt 1 Common Elements 50% undivided interest in the r d'IS0 , Owner of Unit 2 Common Elements STATE OF o ) (� )ss. COUNTY OF p� e-t ) *y The foregoing instrument was acknowledged before me this.ZS .dday of G� v , 2010, by _. G Witness my hand and official seal. My commission expires: i/ 7 /a - oia_ Notary Public STATE OF ) _ )ss. a o z- 2 Description: Pitkin,CO Document — DocID 566699 Page: 2 of 2 Order: 1445 SIERRA VISTA DR PITKIN Comment: ■ Marketing Department # ■� 950 South Cherry Street, Suite 1220 Denver, Colorado 80246 Office: 303.837.9171 FIRST INTEGRITY Fax: 303.265.9009 ( 1 1. 1 C 0 M 1' A N by www.fitallc.com Short Form Ownership and Encumbrance Report Request Name: Terrence Burns Company: Phone: Fax: Email: t.burns(a)prvnberQ.com Property Address: Unit 8, 1445 Sierra Vista Drive, Aspen, CO Parcel ID: 273511108008 Legal Description: See Exhibit "A" Ownership Information Mary K. Egan, an undivided 50% interest and to Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zela Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements deted October 1, Owner(s): 1968 an undivided 50% interest, Certified Date: 6/13/2011 Vesting Deed Recording Date: 5/13/1988 Reception #: 300116 Encumbrance Information (encumbrances prior to vesting deed may or may not be noted) Deed of Trusts or Mortgages: None. Judgments & Liens: None. Bankruptcy Info: None. THIS REPORT I5 FOR INFORMATIONAL PURPOSES ONLY. THE LIABILITY OF FIRST INTEGRITY TITLE AGENCY LLC (HEREINAFTER "THE COMPANY") IN ISSUING THIS REPORT IS LIMITED TO A MAXIMUM AMOUNT OF WHAT WAS PAID FOR THIS REPORT. SUCH LIABILITY IS FOR REASONABLE CARE IN MAKING THIS SEARCH. THIS REPORT I5 NOT AN ABSTRACT OF TIME OR A TITLE INSURANCE COMMITMENT OR POLICY AND SHOULD NOT BE RELIED UPON IN PLACE OF SUCH. IT I5 NOT THE INTENTION OF THE COMPANY TO PROVIDE ANY TYPE OF EXPRESS OR IMPLIED WARRANTY, GUARANTY, OR INDEMNITY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE REPORT. IF THIS REPORT IS TO BE USED BY THE CUSTOMER AS THE SEARCH REQUIRED IN ORDER FOR THE CUSTOMER TO ISSUE A TITLE INSURANCE COMMITMENT OR POLICY, OR IF THE INFORMATION CONTAINED IN THIS REPORT I5 RESOLD, THE CUSTOMER DOES SO AT THEIR OWN RISK IN ORDER TO OBTAIN INFORMATION FROM THE AGENCY WHICH WILL CARRY THE FULL LIABILITY OF A TITLE INSURANCE COMMITMENT OR POLICY, THE AGENCY WILL ISSUE, IF REQUESTED, A COMMITMENT OF T1TLE INSURANCE AND WILL CHARGE A FEE IN COMPLIANCE WITH RATES FILED WITH THE APPROPRIATE STATE OFFICES. Please change the following in the 0&E report (Otiginap: 0&E reports are available at the cost of $5 in the following counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld. OBEs in other counties are available at a cost of $150.00 We appreciate your business! r . .. 24� w40 (� § ° 3ak O §3 «0 Q) r3 450 § ° jg) /k > 4 §R■ (§ o a oe WEN u p §\\§ R - Z §w l m M § _ .2 ° §E' 0 � -0 m \ § §q 0 _ to z'-- 0<9 §E Ili z wg8 z44o < 0 ��m8 Z §k /( ° § �� zo < F ) V § 0 t c, 14 <m m k�« §w) �� <P kj�/ FM •& ■ no ��j\ H WZOI /\K \k HOE Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, April 19, 2011 2:11 PM To: 'dana @rowlandbroughton.com' Subject: Grynberg variance request Hi Dana: I was out of the office last week and just got back. I just looked over the subsequent materials you submitted and the proof of ownership does not meet our minimum requirements. My letter dated March 22 noted that that a disclosure of ownership in the "form of a current certificate of title from a title insurance company or attorney licensed in Colorado" was required. Sorry but copies of deeds do not meet the requirement. Let me know if you have any questions. Kind regards, Jennifer Jenvt4er f h.ela.n, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 1. p . 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 22, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0016.2011.ASLU — 1445 Sierra Vista. Your Land Use Application is incomplete: e found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Please provide appropriate disclosure of ownership in the form of a current certificate of title from a title insurance company or attorney licensed in Colorado. 2) Responses to the Variance review criteria (section 26.314.040 A.). 3) A letter of consent from the HOA with regard to the application. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items Listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Th. ., You • ennifer P , Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights N tice Required SPA PUD COWOP Yes No Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No./ Commercial E.P.F. 1 `2 V V F V N rowland +broughton 04 APR R I A` f E a ar and urban design G c N T° 48 /0 r 0_ m = c » Project: Grynberg - 2966 P ENT = it ED 0 O Subject: Completeness of Variance Application o a Date: 12 April 2011 N o O - O To: Sara Adams o 03 0 03 0 From: Rowland + Broughton Architecture and Urban Design a 2 a01 u Via: Hand Delivery m o o CO Attachments: See below o ° A C W A If you do not receive all attachments listed above please call immediately. = m o O , o Dwm 0 V O W 3 V Hello Sara, w W it. A Attached please find the following for case number 0016.2011.ASLU - 1445 Sierra Vista: ow CO co • Disclosure of ownership N • Revised Letter addressing the Variance review criteria • A letter of consent On email format) Thank you and please contact us if you need additional information. Dana Ganssle, LEED AP + Associate AIA Page 1 of 1 • o < o F y Q rowland+broughton 0 architecture and urban design CO 0 d a; 17 March 2011, revised 12 April 2011 a s Sara Adams - Senior Planner pc Planning and Zoning 0 a col 130 S. Galena Street 2 co Aspen, CO 81611 0 0 -0 co PROJECT.: Grynberg Residence - 1445 Sierra Vista Drive ® CO LAND USE REQUEST: Fence Height Variance f CC: Stephen Aragon - Terralink Structures Qo° Dear Sara, 2 co C (J A • Sco to Project Description — 5 S The existing Grynberg residence was recently remodeled by Rowland +Broughton and Terralink Structures. This o w m remodel did not alter the house's distance or relationship to the golf course and it is in its' original 1969 location. a The owner would like to protect the house and yard from errant golf balls by installing a golf deflection net. The o 0 net would be located within their property line. CO p Legal Description — CO Subdivision: SIERRA VISTA DUPLEX Unit: B DESC: AKA UNIT 1 N to Variance — 26.575.050 Fences - Fences shall be permitted in every zone district, provided that no fence shall exceed six (6) feet above natural grade or as otherwise regulated by the Residential Design Standards or the Commercial Design Standards. This application is asking for a height variance for a fence. The proximity of the residence and yard to the golf course is a constant concern for the owner. The property is located half way through Hole 16 on the Aspen Golf Course. HOLE 16 c Residence Location This is a prime location for errant golf balls and is a significant hazard to the safety of the multi - generational family. During the course of the remodel, during last year's golf season, at least 45 golf balls were found in the yard or had hit the house. We are proposing the addition of a golf deflection net to be installed on their property. The golf deflection net will be constructed of Redden #970, 1" mesh. This material was recommended to us by Steve Aiken with the City of Aspen Golf Course and it does not have a significant visual impact. This material has been used on other houses facing the golf course. Please reference Attachment A. Support poles will be erected within the existing trees to limit the visual impact of the supports. The existing trees are between 15-0" and 25-0". The overall height requested is 15' -0" which was the recommended height given to us by Steve Aiken for protection of the yard from the golf course activity while minimizing impact of the poles within the trees. The poles will be steel and finished for minimal reflectivity. Please reference the enclosed site plan for exact locations and dimensions. Variance Review Criteria — 26.314.040 Standards Applicable to variances. 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the Aspen Area Community Plan and this Title; This application facilitates the ability for active recreational use to be adjacent to residential use, fostering as the AACP states: "balanced harmony." This golf net should be considered a "low- impact" solution in terms of visual continuity of natural resources. 2 The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; The seasonal use of this golf net will ensure the positive use of the outdoor living space. At present the parcel is directly impacted by the golf course use. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience... The parcel sits at the elbow of Hole 16. This location, in the direction of play, means that an unusual amount of golf balls end up in the yard and hitting the house. Any residence situated on a golf course can expect the occasional ball, however, due to this parcel's location; there is increase and therefore a need to screen the yard. The owner's ability to enjoy the outdoor space is dependent on the safety of the parcel. Thank you for the opportunity to present this project and we welcome any conversation or questions regarding this application. Sincerely, Dana Ganssle, Associate AIA + LEED AP 2 of 2 • 0 Dana Ganssle From: Sarah M. Broughton Sent: Monday, April 11, 2011 9:45 AM To: Dana Ganssle Subject: FW: GRYNBERG - Variance Package • Great, see below! Sarah Broughton aia/principal rowland +broughton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9006 office 970.544.3473 fax www.rowlandbroughton.com From: esbick@aol.com [mailto:esbick@aol.coml Sent: Monday, April 11, 2011 9:36 AM To: Sarah M. Broughton Subject: Re: GRYNBERG - Variance Package Thanks for the information regarding the net. This e -mail serves as our approval for you to install the golf net per your attached plans at the property at 1445 Sierra Vista, Aspen. CO. Susan Bickert and Carl Bickert Original Message From: Sarah M. Broughton < sbroughton @rowlandbrouohton.com> To: esbick <esbick @aol.com> Sent: Mon, Apr 4, 2011 2:32 pm Subject: RE: GRYNBERG - Variance Package Hi Sue, The net will only be up during the golf season and will come down in the winter. There will still be open access from the Grynberg's side to the golf course so that they don't have to cut through your yard. Please let me know if you have other questions. Thank you! Sarah Broughton aia /principal rowland +broughton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9006 office 970.544.3473 fax www.rowlandbroughton.com From: esbick@aol.com [mailto:esbick@aol.com] Sent: Monday, April 04, 2011 12:48 PM To: Sarah M. Broughton Subject: Re: GRYNBERG - Variance Package 4 was able to open it and we looked at it last night. We don't have any concerns about the look or seeing it from out house but we concerned about access though our yard to the golf course. It says it is a net. Do you mean a wire screen or an actual net and will be up or down in winter time. Sue Original Message From: Sarah M. Broughton < sbroughton @rowlandbroughton.com> To: esbick < esbick @aol.com> Sent: Sun, Apr 3, 2011 5:43 pm Subject: FW: GRYNBERG - Variance Package Hi Sue, This attachment shows a plan of where the fence is going and the letter gives the stats on height. Please let me know if you have trouble opening. Thank you! Sarah Broughton aia/principal rowland +broughton architecture and urban design 117 south monarch street aspen, colorado 81611 970.379.0111 cell 970.544.9006 office 970.544.3473 fax www.rowlandbroughton.com From: Sarah M. Broughton Sent: Thursday, March 24, 2011 2:02 PM To: esbick @aol.com Cc: Celeste Grynberg; Keith Brand; Dana Ganssle Subject: GRYNBERG - Variance Package Hi Sue, Hope you are well! Touching base on a few items: 1. Front door hardware. We installed as a mock -up a smaller knob on the Grynberg side. It is much easier to open and Celeste has approved it to be installed on all of her exterior doors. Do you want to try it next time you are in town or should we replace yours? 2. Keith, can you get Sue in the loop on what is happening with the locking of the front door? 3. Golf net. Please find attached a variance request to the City of Aspen to install a transparent golf net on the Grynberg side. It is 100% not seen from your house. As you will see in the letter, we had many golf balls entering the yard that need to be mitigated before someone or something gets hurt! We need your approval for this variance. If you agree and can copy and clip the language below into an email back to me with your approval, we would appreciate it! We are aware and approve of the addition of a golf net as proposed by the Grynberg's. Thank you and hello to Jock! Sarah Broughton aia/principal rowland +broughton architecture and urban design 2 r , CO U NTS[ Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin 1, Janice K. Vos Caudill. County Clerk and Recorder in and for said Pitkin County. in the State of Colorado aforesaid, do hereby certify that the foregoing is a full, true and correct certified copy of: Reception # Document Type Record Date 300115 BARGAIN & SALE DEED 5/13/1988 Given under my hand and official seal on 4/1/2011 9:08.49AM a s, l i A_ ' .✓ .' %f7' CI,e & Recorder tb l t� '•. D j � �y ' `, .,e r e^ 'ii STATE DOCUMENTARY EL : 1S r I 1 0008 5G :3 rnsf C I 0 - .J I BARGAIN AND SALE DEED ., -rj,� KNOW ALIT KEN BY THESE PRESENTS, Mat Celeste C. Grynberg and Dean G. " ". B7- Smernoff, Trustees of the Miriam 'Lela Grynberg Trust, the Stephan r, n. il. F: L Clark Grynberq Trust and the Rachel Susan Grynberg Trust under O 1 .0 N .!.> Trust Agreements dated October 1, 1968, of the Count of • :' Arapahoe, and State of Colorado, for the consideration of Ten r °� dollars and other good and valuable consideration, in hand paid ",- hereby sell and convey to Sierra Vista II, a Colorado General Partnership whose legal address is Suite 1400, 650 South Cherry Street, Denver, Colorado 80222 of the County of Arapahoe, and the State of Colorado, the following real property, situate in the County of Pitkin, and State of Colorado, to wit: • UNIT A, ALSO KNOWN AS UNIT 2, 1445 SIERRA VISTA DUPLEX CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 9, AT PAGE 25 AND CONDOMINIUM DECLARATION RECORDED APRIL 3, ' 1980 IN BOOK 385 AT PAGE 952 OF THE RECORDS OF THE CLERK AND .• y • • RECORDER OF' THE COUNTY OF PITKIN, STATE OF COLORADO. IT IS THE INTENT OF THE GRANTORS TO CONVEY THAT CERTAIN CONDOMINIUM UNIT IDENTIFIED AS UNIT 7 ON THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 9 AT PAGE 25, BEING THE MOST NORTHERLY OF THE TWO CONDOMINIUM UNITS SHOWN ON SUCH MAP MNOMMib with all its appurtenances. also known as street and number, Unit A, 1445 Sierra Vista Drive, j Aspen, Colorado I Signed and delivered thisd l day of April, 1988. Celeste C. Grynberg and Dean G. I ' cc m Smernoff, Trustees of the Miriam I LO b - Zola Grynberg Trust, the Stephan . __ too = cc Grynberg Trust and the Rachel < Susan Grynberg Trust under Trust o Agreements dated October 1, 1968 cf. o o z _ j r'-' . U _ ' Celeste C. Grynberg, T L • By I `cha rY' .)/1104/1. Dean G. Smernoff, TrU e . GGG��' it •`£ I STATE OF COLORADO ) )ss. 1 County of Arapahoe ) 11 e ` 1 The foregoing instrument was acknowledged before me this Z �. day of April, 1988, by Celeste C. Grynberg and Dean G. Smernoff, 1 Trustees of the Miriam Zola Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under •Trtist ' Agreements dated October 1, 1968. - q My commission expires ,5 _ , 19 /. Witness my h?nd and official seal. Notary Public > i /J�I� {5 � Lz . j 'I Address of Notar YO2,a e. CO F'N T1 Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin I, Janice K. Vos Caudill, County Clerk and Recorder in and for said Pitkin County, in the State of Colorado aforesaid, do hereby certify that the foregoing is a full, true and correct certified copy of: Reception # Document Type Record Date 300116 BARGAIN & SALE DEED 5/13/1988 Given under my hand and official seal on 4/1/2011 9 C / lerk & Recorder c S -� , Dep • ; l �? a cv .,. y . N ✓M 1 3 1983 I 1 [ ) P ppryp s BARGAIN AND SALF. DEED O3 /jt,[tj i I FOR TITLE CORRECTION COON 5 KNOW ALL MEN • BY THESE PRESENTS, That Sierra Vista II, a Colorado p Partnership and Mary K. Egan, individually, and d /h /a e.: :: tit! Sierra Vista Joint Venture, of the County of Arapahoe, and State - of Colorado, for the consideration of Ten dollars and other good d;m. and valuable consideration, in hand paid hereby sell and convey / ,, ‘',) to Mary K. Egan, an undivided 50% interest and to Celeste C. (I) Grynberg and Dean G. Smornoff, Trustees of the Miriam Zola )' Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968, an undivided 50% interest, whose legal address is 5000 1 South Quebec, Suite 500, Denver, Colorado 80237 of the County of Arpahoe, State of Colorado, the following real property, situate in the County of Pitkin, and State of Colorado, to wit: UNIT A. ALSO KNOWN AS UNIT 1, 1445 SIERRA VISTA DUPLEX CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT , y BOOK 9, AT PAGE 25 AND CONDOMINIUM DECLARATION RECORDED APRIL 3, \ 1980 IN BOOK 385 AT PAGE 952 OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO. t IT IS THE INTENT OF THE GRANTORS TO CONVEY THAT CERTAIN CONDOMINIUM UNIT IDENTIFIED AS UNIT 1 ON THE CONDOMINIUM MAP ems RECORDED IN PLAT BOOK 9 AT PAGE 25, BEING THE MOST SOUTHERLY OF THE TWO CONDOMINIUM UNITS SHOWN ON SUCH MAP CIP with all its appurtenances. I also known as street and number, Unit B, 1445 Sierra Vista Drive, Ct Aspen, Colorado Signed and delivered this day of April, 1988. ec m Sierra Vista II, a Colorado CO O c co General partnership N O p ° <i- c---, Mary K Egan', Genera l/Partner -Jo BY ! ti [(i(i� .. � ° °'� m Donald J. Egan, e Partner ;,l s i/ n': , <l.l zi<! Mary K. Egan, individually and - ?.,. d /b /a Sierra Vista Joint Venture STATE OF COLORADO ) 1 <; t ' )ss. ( e County of Arapahoe 2, The foregoing instrument was acknowledged before me this Z.2, I .. day of April, 1988, by Mary K. Egan, individually and d /b /a Sierra Vista Joint Venture and Mary K. Egan and Donald J. Egan as„ the General Partners of Sierra Vista II, a Colorado . Gneral Partnership. 19y cortunission expires _ L - ,'j , 19 Witness my }land and official seal. (/ Notary Public __ (1.56 Ci. (Ate< • ■(/ tit e< _(c ) Address of Notary yblrc / 0 ZZ • j r rrctr COUN Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin 1, Janice K. Vos Caudill, County Clerk and Recorder in and for said Pitkin County, in the State of Colorado aforesaid, do hereby certify that the foregoing is a full, true and correct certified copy of Reception # Document Type Record Date 300112 AMENDMENT TO CONDOMIN 5/13/1988 Given under my hand and official seal on 4/1/2011 9:08:48AM CIe4k & Recorder .* .. O 'i' 7a.^ tcna 5G "A 8 AMENDMENT NO. 1 TO CONDOMINIUM DECLARATION FOR 1445 SIERRA VISTA DUPLEX OWNERS ASSOCIATION RECITALS 1. That the Condominium Declaration for 1445 Sierra Vista Duplex Owners Association Executed by Mary K. Egan under date of '; March 2.1, 1980 (hereinafter the "Declaration ") were filed for 1' record in the office of the Clerk and Recordet of the County of Pitkin, Colorado on April 3, 1980 in Book 385 at page 952. 2. That the Condominium Map was Recorded in the Records of the Clerk and Recorder of the County of Pitkin, Colorado in Plat Book 9 at page 25 and the Condominium Units are property identified as Unit 1 and Unit 2 on said map. 3. That Exhibit "B" to the Declarations erroneously refers to the Condominium Units as Unit A and Unit B. • AMENDMENT • Now, therefore pursuant to the provisions of Article 20, of the Declarations, Exhibit B" of the Declarations is amended to Read as follows: - u "EXHIBIT "8" { Unit Designation Appurtenant Undivided 1 g Interest (Percentage) Unit 1, as shown on the Condominium t4ap recorded in Plat Book 9 at page 25 �', W of the Records of the Clerk '_ and Recorder of the County -- 7v, j 1 of Pitkin, Colorado 50% t.0 o or- 0 Unit 2, as shown on the -' 7,c -- Condominium Nap Recorded in c rill _ P CO lat Book 9 at page 25 of the a — ' s o Records of the Clerk and m N \M Recorder of the County of d z Pitkin, Colorado 50 %. 100 %" This Amendment may be executed in counter -parts and when so executed shall have the effect of a single, fully executed, 4 xecu Amendment. 1 At • • • COON 56 E .3 11. Mary K Egan '- — =-�— --- f ir A . Mary K. Egah d /b/a rra Vista • Joint Venttfre • Sierra Vista, II, a Colorado General Partnership BY i t •• (/t( ti • (Mary K. Egan, /Genera P tnor A BY C J �. S i t ■ Donald J. Egan, General �yartncr Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zela Grynberg Trust, the Stephen Mark Grynberg Trust and the Rachel Susan Grynberg Trust under • Trust Agreements dated October 1, 19BB cor By I l ( ck (' .C. V61 -.I. -- / 1�e'CA ' Cele // 5555 tte C Dca . Grynberg, Truste l G � Smcrnoff, Trust' i` Being all of the Owners of interests in said 1445 Sierra Vista Duplex Condominiums First Federal Savings and Loan Association of Creston • Attest: By Being the Beneficiary of Deedst� of Trust Encumbering both of the Condominium Units of 1445 ••i- Sierra Vista Duplex Condominiums -�� 2 ■ Il • },. • • i f f 'n come 56:3 °.GE871 STATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this '�5 day of April, 1988, by Mary K. Egan, individually and d /b /a Sierra Vista Joint Venture and Mary K. Egan and Donald J. Egan as the General Partners of Sierra Vista II, a Colorado General Partnership. My commission expires _, 19 Witness`My, hand and official. seal. _. ..r, V/111/16 �__ �.� / /�, �7/� t� � Notary Public • c Address of Not 111 PUb`lie it )e ? STATE OF COLORADO ) Ss. COUNTY OF ARAPAHOE ) The Foregoing instrument was acknowledged before me this2v day of April, 1988, by Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zola Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968. • I My commission expires -. �- 196/ Witness my'h'and UP and official seal. • Notary Public ckau� ealkit_ . (JO Z2 eat Address of Nary Public _. STATE OF ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1988 by as and as of First Federal Savings and Loan association of Creston. My commission expires , 19 Witness my hand and official seal. Notary Public t Address of Notary Public jl? 3 • • uone 56:3 t:1uES73 • Mary K. Egan Mary K. Egan d /le /a Sl.osra Vista — Joint Venture Sierra Vista, II, a Colorado General Partnership • By Mary K. Egan, General Partner - -- -) 1 Donald J. Egan, Geneial')artncr Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zola Grynberg Trust, the Stephen Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968 BY VI Celeste C. Grynberg, Trustee By Dean G. Smernoff, Trustee Being all of the Owners of . , ` interests in said 1445 Sierra \ j Vista Duplex Condomi.niwns 1 . First Federal Savings and 1 1 I i Loan Association of Creston CO Attest: By � � % L' ( i l'�'' �1S \.Qc,n,,,AO /\ Gary I.. My is, President • ' Marlin E. Nei seid ier Vice President 8 Secretary Being the Beneficiary of Deeds of Trus Encumbering both of the Condemn rum Units of 1445 Sierra V sta Duplex Condominiums . 2 `\ I L. ii ` fs • • T� con 563 rar,E874 STATE Or COLORADO ) ss. , COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this day of April, 1908, by Mary K. Egan, individually and d /b /a Sierra Vista Joint Venture and Mary K. Egan and Donald J. Egan as the General Partners of Sierra Vista II, a Colorado General Partnership. My commission expires ______ 1.9 Witness my hand and official seal. • Notary Public • Address of Notary Public • STATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this day of April, 1988, by Celeste C. Grynberg and Dean G. Smernoff, Trustees of the Miriam Zola Grynberg Trust, the Stephan Iiark Grynberg Trust and the Rachel Susan Grynbcrg Trust under Trust Agreements dated October 1, 1968. My commission expires , 19 _ Witness my hand and official seal. Icor • Notary Public 1 Address of Notary Public SIMS STATE OF IOWA ss. COUNTY OF UNION The foregoing instrument was acknowledged before me this 26th day of April 1988 by Gary I.. Davis as I I'r esiurnt and Plarlin K. Rri�rmirr as Vice President /Secretary of First Federal Savings and Loan • Association of Creston. My commission expires ppfemher 19 , l92g. Witness my 100 hand and official seal. ,�// 7 Notary Public Lela `i. Burkhalter 908 N. Spruce, Creston, Iowa 50801 Address of Notary Public I\ 1 1 • Ulan' COm � Pitkin County, Colorado Janice K. Vos Caudill Clerk & Recorder 530 East Main Aspen, CO 81611 State of Colorado County of Pitkin I, Janice K. Vos Caudill, County Clerk and Recorder in and for said Pitkin County, in the State of Colorado aforesaid, do hereby certify that the foregoing is a full, true and correct certified copy of: Reception # Document Type Record Date 300114 BARGAIN & SALE DEED 5/13/1988 Given under my hand and official seal on 4/1/2011 9:08:46AM CI,erk & Recorder * ........... 0c c. �' k .tr :r� qty � tWki- SALE DOCUMENTARY H 1 I4Y I i ccou 563 Pae �i76 c 0? BARGAIN AND SALE DEED i.„KNOW ALL MEN BY THESE. PRESENTS, That Sierra Vista II, a Colorado gag: f g: ., ', ' General Patrt ncrshi.p and Mary K. Egan, individually, and d /b /a al - : Si.erra Vista Joint Venture, of the County of Arapahoe, and State t!. t . K , of Colorado, for the consideration T dollars ' ?.,'•: ora era on o en ars and other good Y'-:,•% and valuable consideration, in hand paid hereby sell. and convey w r. _ "i to Celeste C. Grynberg and Dean G. Smernoff, Trustees of the !'( Miriam Zela Grynberg Trust, the Stephan Mark Grynberg Trust and the Rachel Susan Grynberg Trust under Trust Agreements dated October 1, 1968, whose .legal address is 5000 South Quebec, Suite ' 500, Denver, Colorado 80237 of the County of Arapahoe, and the I State of Colorado, the following real property, situate in the County of Pitkin, and State of Colorado, to wit: UNIT B. ALSO KNOWN AS UNIT 1, 1445 SIERRA VISTA DUPLEX CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED IN PLAT . y BOOK 9, AT PAGE 25 AND CONDOMINIUM DECLARATION RECORDED APRIL 3, ` 1980 IN BOOK 385 AT PAGE 952 OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO. IT I5 THE INTENT OF THE GRANTORS TO CONVEY THAT CERTAIN CONDOMINIUM UNIT IDENTIFIED AS UNIT 1 ON THE CONDOMINIUM MAP RECORDED IN PLAT BOOK 9 AT PAGE 25, BEING THE MOST SOUTHERLY OF THE TWO CONDOMINIUM UNITS SHOWN ON SUCH MAP with all its appurtenances. also known as street and number, Unit 8, 1445 Sierra Vista Drive, 1 Aspen, Colorado Signed and delivered this j_> " of April, 1988. CO c m ,� CO co Sierra Vista II, a Colorado General , z Partnership - w ey _ /Ji,,.br /f 7. 1( o < k - — MMary K. Egan, Gen rpl Partner jz C CD v � en F * Donald J. Egan, Gene Partner ill d = J'li,, ( ( 9 ' `� d' ff.} Mary K. Egan, individually and - , j, d /b /a Sierra Vista ✓Joint Venture ; ; {: STATE OF COLORADO ) .ii)CS. �L , Y.W. 4f County of Arapahoe ) • go l. The foregoing instrument was acknowledged before me this 1.. da of April, 1988, by Mary K. Egan, individually and d /b /a Sierra Vista Joint Venture and fury K. Egan and Donald J. E9an"as•- the Genet Partners of Sierra Vista II, a Colorado ;General Partnership. My commission expires C5 -,3_ _, 19n Witnessriny hatnd and official seal. y ` // 0. • E? u b l Notary Public - 157) S Utt1O7 ‘��:71f -f< � "( Address of Notary eublic Via-