HomeMy WebLinkAboutordinance.council.026-93 ~1~58405 0]'/'~/95 :1.5:59 Rec ~2],,O0 BK ?l& PG 558
~Ivia Davis~ Pitkin Cnty Cler~k~ Doc ~.O0
ORDINi~NCE NO.
AN ORDINANCE OF THE ~SPEN CITY COUNCIL GI~qNTING SUBDIVISION!
EXEMPTION FOR THE CONDOMINIUMI~TION OF THE PINE GLEN TOWNHOMES
LOCATED AT 1010/1014 Eo HYMAN AVE. (LOTS N AND O, BLOCK 33#
TOWNSITE OF ~SPEN.)
WHEREAS, pursuant to Section 24-7-1007 of the Aspen Municipal
Code, a Condominiumization is a subdivision Exemption by the City
Council; and
WHEREAS, the applicants, David Muckenhirn and William Evans,
have submitted an application for the Condominiumization of a new
duplex; and
WHERE~S, the Engineering Department reviewed the application
made referral comments; and
WHEREAS, the Planning office reviewed the application pursuant
to Section 24-7-1007 and the referral comments from Engineering and
recommended approval of the condominiumization with conditions; and
WHERE~S, on July 1, 1992, the State Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen ~unicipal COde
governing the subdivislon/condominiumization approval process as
adopted by City, and under which the instant condominiumizationi is
being processed for approval; and
WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS, in the event amendments to the municilpal
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condominiumi~ation ordinances are subsequently enacte~ after
adoption of this ordinance approving the condominiumisat±on as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is City
Council's desire that the applicant herein receive the benefit of
those amendments; and
WHEREAS, the city Council may not and has not committed itself
or the city to the actual adoption of any amendment to the
Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
WHEREAS, the applicant has determined to proceed
with
his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances may or may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen city Council having considered the Planning
Office's recommendations for Condominiumization and the
representations of the applicant does wish to grant the requested
Subdivision Exemption for the Pine Glen Townh0mes at 1010/1014~
E. Hymen Ave.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
~ection 1: Pursuant to Section ~24-7-1007 B. of the MuniciPal
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Code, the City Council finds as follows in regard to the Plan's
condominiumization component:
1. The two townhome units to be condominiumized are not currently
leased on a long term basis.
2. Six month minimum leases shall be required for the condominium
units.
3. The proposed condominiumization will not adversely affect the
availability of affordable housing.
Section 2: Pursuant to the findings set forth in Section 1 above,
and in accordance with Section 24-7-1007 of the Municipal Code, the
City Council grants and awards condominiumization approval to the
Plan as follows, subject to the conditions as specified herein:
1. The applicant is required to submit a Final Plat on
reproducible mylar for approval by the Planning Director and
city Engineering and record the plat with the Pitkin County
Clerk and Recorder. It is recommended that a blueline print
be submitted for review prior to the final submission.
2. If prior to signing the plat or prior to final inspection, the
applicant has not installed sidewalk, curb and gutter to
connect to the existing sidewalk, curb and gutter on both
sides of the property, the applicant will have to provide an
estimate for the Work and financial assurances in a form
satisfactory to the City Attorney and City Engineer.
3. A Subdivision Exemption Agreement shall be submitted and filed
concurrently with the Condominium Plat.
4. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way.
5. All material representations made by the applicant in the
application and during public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
Section 3: In the event amendments to the current Municipal Code
are hereinafter enacted under which the conditions of approval as
specified in Section 1 above are no longer required, as currently
mandated under the Municipal Code, then it is the intent of the
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City Council that the applicant herein be afforded the benefit(s)
of such amendment(s).
Section 4: If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5: This Ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 6: A public hearing on the Ordinance shall be held on the
~ day of~, 1993 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the /O5c~--' day of
s .. .'.J;~. John tt, Mayor
Kathry~" S~//~chf ~ity Cier~
FINA~L~.~~ adopted, passed and approved this ~T day of
John ~nnett, Mayor
Clerk
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STATEMENT OF EXEMPTION FROM FULL SUBDIVISION PROCESS AND SUBDIVI-
SION AGREEMENT FOR THE PURPOSE OF CONDOMINIUMIZATION OF AN EXISTING
STRUCTURE ON LOTS N AND O, BLOCK 33~ EAST ASPEN SUBDIVISION.
WHEREAS, David Muckenhirn and William L. Evans, Jr. (herein-
after "Applicants") are owners of a parcel of real property
located in the City of Aspen, Colorado, described as Lots N and
O, Block 33, East Aspen Townsite and also known as Pine Glen
Townhomes~ 1010/1014 East Hyman Avenue; and
WHEREAS, Applicants have requested an exemption from the
full subdivision process pursuant to Section 24-7-1007 of the
Municipal Code of the City of Aspen for condominiumization of an
existing structure at the above-described location; and
WHEREAS, the Aspen City Council determined at its meeting of
May 24, 1993, that such exemption was appropriate and granted the
same pursuant to Ordinance No. 26 (Series of 1993), subject,
however, to certain conditions; and
WHEREAS~ a subdivision exemption agreement is required
between the Applicants and the city of Aspen ("city") binding the
Applicants and subdivision to all conditions placed upon the
- approvals for the subdivision as set forth in Section 24-7-1005
of the Municipal Code of the City of Aspen; and
WHEREAS, the city is willing to approve and execute this
agreement and the corresponding plat for the subject property in
exchange for Applicants' promises and performance adhering to the
terms and conditions contained herein and those other applicable
'ordinances and regulations as contained in the Municipal Code.
NOWf THEREFORE, in consideration of the mutual covenants
contained herein and the approvals execution, and acceptance of
the plat for recordation by the city of Aspen, it is agreed as
follows:
1o Applicants shall install sidewalk, curb and gutter to
connect to existing sidewalk, curb and gutter on both sides of
the property° Alternatively, and if such installations are not
completed by the date of the execution of the plat or final
inspection of the condominium units, Applicants will provide
financial assurances in an amount and in a form satisfactory to
the city Attorney and City Engineer securing such installation.
2. Applicants shall join any future improvement districts
which may be formed for the purpose of constructing improvements
in the public right-of-way benefitting the subject property.
Silv:i.a Davis~ I-~tl..ln Cnty Cl~.rk,¢ Doc $.00
3. Applicants shall Obtain permits prior to undertaking
any work in a public right-of-way.
4o Applicants shall provide and execute deed restrictions
for the property restricting all condominium units to lease terms
of not less than six (6) months~ except for two (2) shorter lease
terms per year. Such deed restrictions shall be ina form satis-
factory to the City Attorney and shall be executed and recorded
at the time of the execution and recordation of the plat.
5. In the event amendments to those sections of the
Municipal Code under which Applicants' condominiumization appli-
cation was approved are enacted which extinguish the condition of
approval relevant to the deed restrictions as described in
paragraph 4 above, then Applicants shall receive the benefit of
such amendments and the deed restrictions as originally imposed
shall be vacated at the Applicants~ request°
6. Applicants shall comply with all provisions contained
herein and all material representations set forth in their land
use approval application and made during public hearings before
the city Council and/or Planning and Zoning Commission.
7° The provisions of this agreement shall run with and
constitute a burden on the property and shall be binding on and
inure to the benefit of Applicants and their successors and
assigns and to the City, its successors and assigns.
8. This agreement may be altered or amended only by
written instrument executed by all parties hereto with the same
formality as this agreement is executed.
9o If any of the provisions of this agreement are
determined to be invalid, it shall not affect the remaining
provisions hereof.
10. This agreement shall become effective upon the date of
the last signature set forth below°
CITY OF ASPEN
A Municipal Corporation
Jo Bennett, Mayor
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ATTEST:
Kathryn S. ~ch, city Clerk
APPROVED AS TO FO~:
Edward M. Caswall, city Attorney
APPLICANTS:
uckenh. ~rn Date
STATE OF COLO~DO )
~aC°unty of Pitkin ) this
day
t ~ ~ Subscribed and sworn to before me
, 1993, by David Muckenhirn.
~ WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
3
STATE OF COLORADO )
County of Pitkin )
/~ Subscribed and sworn to b ' ~ Y
efore me this ~ da of
I_ ~.~,~, · , 1993, by David Muckenhirn, known to me (or satis-
~ily,proven) to b,e th, e person whose narae is subscribed as
a~to~ney in fact for William L. Evans, Jr.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
'"'~ I ] ~- ' ~t~':
NO'
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~IZ ~ ~I~I~ T,~ ~IOD D~D
FOR ~ P~OSE OF COOL--CE WI~ CO~ITIONS
~QUI~D BX E~TION FROM S~DI~SION P~U~ TO
~PEN ~ICIP~ CODE SECTION 24-7-107A.1.b.
THIS SIX (6) MONTH MINIMUM T~ASE PERIOD DEED RESTRICTION is
made and entered into this 30th day of June , 19 93 , by David
Muckenhirn and william L. Evans, Jr. , ("Coventor") for itself, its
successors and assigns, for the benefit of the City of Aspen,
Colorado, a municipal corporation.
WHEREAS, Coventor owns that parcel of real property located at
1010/1014 E. Hyman Avenue , in the City of Aspen, County of
Pitkin, Colorado, more specifically described as Lots N & O, Block
33, East Aspen Townsite upon which is situate a duplex, with two
(2) condominium units described as Pine Glen Townhouses
Condominiums Unit E & Unit W; and
W~REAS, Coventor has requested an exemption from the full
subdivision process pursuant to Section 24-7-1007 of the Municipal
Code of the City of Aspen for condominiumization of an existing
structure at the above-described location; and
WHEREAS, Coventor agrees to accept and impose certain
conditions on the use and occupancy of these condominium units as
fro required by exemption from subdivision pursuant to Aspen Municipal
Code Section 24-7-107A.l.b.
NOW, THEREFORE in consideration of the mutual covenants
contained herein with the approval and acceptance by the City of
Aspen, the Coventor hereby covenants and agrees as follows:
1. The above described Pine Glen Condominium Unit E shall be
restricted to a minimum lease period of not less than six (16)
months except for two (2) shorter lease periods per year.
2. The a~ove described Pine Glen Condominium Unit W shall be
restricted to a minimum lease period of not less than six (6)
months except for two (2) shorter lease periods per year.
3. In the event amendments to those sections of the
Municipal Code under which Coventors' condominiumization
application was approved are enacted which extinguish the
requirement for this deed restriction, then Coventor shall receive
the benefit of such amendments and this deed restriction ias
originally imposed shall be vacated at the Coventors' request.
4. The provisions of this agreement shall run with and
constitute a burden on the property and shall be binding on and
insure to the benefit of Coventor and its successors and assigns
and to the City, its successors and assigns.
5. This agreement may be altered or amended only by written
instrument executed by all parties hereto with the same formality
as this agreement is executed.
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6. If any of the provisions of this agreement are determined
to be invalid, it shall not affect the remaining provisions hereof.
7. This agreement shall become effective upon the date of
the last signature set forth below.
APPROVED AS TO FORM:
Edward M. Caswell, City Attorney
IN WI~IESS ~{EREOF, Coventor has placed its duly authorized
signature hereto on the date as described above.
COVENTQR-~-._ ,
By:,
William L. Evans, Jr ~L~ ~~
Mailing Address: P.O. Box 8353, As~en, CO 81612
)
SS.
cou~ OF
)
The ~ng instr~ent was ~knowledged before me this
~¢~ day of , 19 ¢~ , by David Muckenhirn.
WITNESS ~ hand and official seal
My Co~ission expires:
Date -
Nota~ Public
~ ) ss.
c0~T~ o~ P/I/c/ )
The for~ instrment was acknowledged before me this
~ ~a~ o~ ~ , z~ ~ , ~ ~av~ ~c~.~=n
attorney-in-fact ~or Willi~ L. Evans, Jr.
WITNESS ~ hand and official seal 7 ~ ~'-~? .......... . ''¢;' ;:2
My Co~ission expires:
Date
Nota~ Public ~ _[ 0 .- .~ ~ -