HomeMy WebLinkAboutLand Use Case.920 Ute Ct.31A-89
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HOLLAND & HART
ATIORNEYS AT LAW
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C
600 EAST MAIN STREET
ASPEN, COLORADO 8] 611
~ TElEPHONE(303)925~3476
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April 25, 1991
HAND DELIVERY
Jed Caswall, city Attorney
city of Aspen
130 South Galena st.
Aspen, Colorado 81611
,
Re: Third Amendment to P.U.D. & Subdivision
Agreement for Aspen-Chance Subdivision
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Dear Jed:
In doing some follow-up work relating to the Aspen-Chance
SUbdivision, I noticed that the enclosed original of the Third
Agreement to P.U.D. and Subdivision Agreement for Aspen-Chance
Subdivision, though recorded, does not contain Alan Richman's
signature. My recollection is that the Third Amendment was
delivered to the City of Aspen for execution, not only by the
City Attorney (Fred Gannett was handling the matter) but by Alan
as Planning or Director. For some reason, the Third Amendment
was recorded following Fred's execution but not Alan's. To give
you some background of this matter, I also enclose a copy of Alan
Richman's May 15, 1989, Memorandum on the matter as well as a
follow-up letter of mine to Alan dated July 10, 1989.
I think the simplest way to handle this situation is to have
Alan execute the Third Amendment and re-record it with a notation
at the bottom of the first page to the effect that the Third
Amendment is being re-recorded for the purpose of evidencing Alan
Richman's signature which was not contained on the Third
Amendement when initially recorded. I could have asked Alan to
execute the Third Amendment but thought it a better practice to
run this matter by you first. I look forward to hearing from you
as to your suggestion on how to approach the situation.
Very truly yours,
CJJJ~~
Charles T. Brandt
for HOLLAND & HART
CTB/neh
cc: Alan Richman
Richard Pappalardo
H.O. Myers
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HOLLAND & HART
ATTOR"EYS AT LAW
D~NVEK
CENVEx. TECH CENTER
COLORADO SPRINGS
A$?EN
EJLUNGS
BOISE
CHEYENNE
WASHINGTON, D.C.
6CIJ EAST />AAIN STi1:~ET
AS?~N. COLeRA-DO 81611
TELEPHONE (303) 925-3476
THKCPlER {3031925.9367
July 10, 1989
CHARLES T, Blt""DT
HAND DELIVERY
Mr. Alan Richman
City/County Planning Department
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Third Amendment to P.D.D. and Subdivision
Agreement for ~spen Chance Subdivision
Dear Alan:
Because of your familiarity with the referenced Third Amendment,
I'm directing to your attention the enclosed two prints of the proposed
Resubdivision of Lots 4, 5 and 6 into Lots 5 and 6 of The Amended Plat
of Aspen Chance Subdivision. The enclosed Flat is submitted pursuant
to paragr3ph number 3 of your Mey 15, 1989, memorandum regarding the
Aspen Chance Insubstantial P.D.D. Amendment. Please let me know if the
proposed plat is satisfactory. I do note that your name as Planning
Director appears under the Certificate of A~proval. Please advise as
to the appropriate person to sign the mylar since you are no longer the
Planning Director.
with the copies of this letter to Neil Myers (Aspen-Chance, Inc.)
and Richard Pappalardo for Bertram Firestone, owners of Lots 6 and 5,
respectively, I'm also providing each of them with a copy of the print
for their respective reviews. I'll let you know if either of them have
any changes.
Once acceptable to all parties, I will circulate the nylar for
execution.
I look forward to hearing from you.
Very truly yours,
Charles T. Brandt
for HOLL~ND & HART
CTB/sg
Enclosure
cc: H. O. Myers (w/encl
Richard Pappalardo (w/enc)
Ed Danenhauer
P.S. to Neil and Bert, only: Please review the enclosed print and let
me know if the plat is satisfactory to you.
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MEMORANDUM
TO:
File
FROM:
Alan Richman, Planning Director ~
Aspen Chance Insubstantial PUD Amendment
RE:
~"
DATE:
May 15, 1989
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ISSUE: The applicant requests an insubstantial amendment to the
approved PUD agreement for t~e Aspen Chance PUD. The purpose of
the amendment is to transfer the remaining unbuilt square footage
(1,593 sq. ft.) from Lot 6 to Lot 7 of the PUD. The resulting
allocations of square footage to the 7 lots in the PUD are shown
in the proposed revised PUD agreement.
FINDINGS: The applicant has demonstrated compliance with the
basic criteria for a PUD amendment in the attached letter from
Chuck Brandt. Moreover, the amendment is consistent with the
condi tions and representations of the original proj ect for the
following reasons, or with the following conditions.
1. The intent of the original PUD was to keep as much of the
bulk off ute Avenue and to step the building mass away from
this road, toward the mountain. The requested transfer will
permit a limited expansion of the home now under
construction on Lot 7, with much of the expansion being
internal or to the rear. A site visit confirmed that this
expansion will not be apparent from ute Avenue.
2. The original PUD limited the size of the various homes
through qesignation of footprints. It was not until the PUD
was subsequently amended that the concept of taking the
total FAR allowed and allocating it among the lots was
established. Therefore, moving FAR among the lots is
certainly not prohibited by the original approval and is a
well established principal for this project, based on the
prior two PUD amendments.
3. Since no FAR is allocated to Lot 4 and none remains to be
re-allocated, the lot's development potential should no
longer be reflected in the PUD. This can be accomplished by
merging it into one or more of the other lots or by
labelling it as "co=on open space". To eliminate all
future uncertainty as to this lot, an amended plat removing
this lot's development potential should be recorded.
4. The owners of all six lots must sign the amendedPUD
agreement prior to its being signed by the Planning Director
or City Attorney.
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ACTION: I hereby approve of the insubstantial amendment, subject
to the following conditions:
1. signatures shall be obtained from all lot owners, from the
Planning Director and City attorney before a building permit
may be issued for any floor area included in the subj ect
exchange.
2. The homeowners' association shall submit an amended plat for
signature of the Planning Director, City Attorney and City
Engineer which represents that Lot 4 has been merged into
one or more of.the other lots, has been designated as common
open space or otherwise has no development potential. The
plat shall be submitted and recorded within 90 days of the
date of recordation of the third amended PUD agreement.
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-- 592 PAliE853
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THIRD AMENDMEN'f TO P.U.D. 0 :'::.;
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SUBDIVISION AGREEMENT z:.. e::
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ASPEN CIUlliCE SUBDIVISION - ~
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This Third Amendment is made this ~ day of \fV\~ ' 1989,
by and between the City of Aspen, Colorado, a Colorado nicipal
corporation ("City"), Aspen Chance, Inc., a 'l'exas corporation
("Aspen Chance") and American Red Oak Trust ("Red Oak").
R E C I TAL S:
1. The City and Aspen Chance entered into the P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and
Subdivision Agreement") dated July 25, 1984 and recorded July 27,
1984, in Book 470 at Page 758 of the Pitkin County, Colorado real
property records; and
2. The P.U.D. and Subdivision Agreement has been amended
by instruments recorded in Book 530 at page 88 and in Book 567 at
page 943 of said real property records; and
3. The owners of Lots 6 and 7 of the Aspen Chance Subdivi-
sion, being Red Oak and Aspen Chance, respectively, have
,requested the City to amend the Second Amendment to the P.U,D.
and Subdivision Agreement to permit the transfer of 1,593 floor
area square footage from Lot 6 to Lot 7; and
4. The purpose of the reallocation is to permit the owner
of Lot 7 to incorporate the additional floor area square footage
in the residence currently being built on said lot; and
5. The City has determined that the requested amendment is
within Section 7-907 A of the Aspen Land Use Code whereby
insubstantial amendments to a P.U.D. plan may be authorized by
the Planning Director; and
6. The Planning Director has authorized the requested
amendment provided that certain conditiolls are met, which condi-
tions shall be deemed met upon the execution by all parties
hereto, including all consenting parties as noted below.
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BOOK 592 1't\Gf~4
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the P.U.D.and Subdivision Agreement
for Aspen Chance Subdivision, as amended, is hereby amended with
respect to the following matters:
1. Use of Additional Floor Area Square Footaqe on Lot 7.
The owner of Lot 7, Aspen Chance Subdivision, may utilize 1,593
floor area square feet from Lot 6 for the purpose of increasing
the floor area square footage in the residence on said Lot 7.
Following the transfer, the total floor area square footage on
Lot 7 shall be 9,271.
2. Allocation of Floor Area Square Footaqe. Paragraph 2
of the Second Amendment to P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision is hereby amended and restated as fol-
lows: The building foot print square footage set forth in
Exhibit "B", Site Data Tradition, of the P.U.D. and Subdivision
Agreement, is hereby deleted. Subject to the provisions set
forth below, a total floor area square footage of 32,466 shall be
allowed to be constructed on the seven (7) lots within Aspen
Chance Subdivision. Said total is hereby allocated amongst the
seven (7) Aspen Chance Subdivision lots as follows:
Lot Number Floor Area
l,ot 1 3,215 square feet
Lot 2 3,223 square feet
Lot 3 5,468 square feet
Lot 4 0 square feet
Lot 5 5,419 square feet
Lot 6 5,870 square feet
Lot 7 9,271 square feet
Total 32,466 square feet
3. Amendment. The parties agree that the P.U.D. and Sub-
division Agreement shall be deemed amended by the provisions of
this Third Amendment. All other provisions of the P.U.D. and
Subdivision Agreement not so amended by this Third Amendment
shall remain in full force and effect.
4. Consent to Amendment. The undersigned owners, being
all of the remaining owners of the lots in Aspen Chance Subdivi-
sion hereby consent to this Second Amendment.
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BOOK 592 PJlGf855
5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
APPROVED AS TO FORM
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CITY OF ASPEN,
a Colorado municipal corporation
City Attorn
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 7-907A of
the Aspen Land Use Code
AMERICAN RED OAK TRUST,
owner of Lot 6 ^
By: /71tV \\ <
Mlchael D. Ding
ASPEN CliANCE, INC., a Texas
corporation, owner of Lot 7
By: '-/'haL ~
. Neal Myers, Pre dent .
The undersigned, being all of the remaining owners of the
lots in Aspen Chance Subdivision, in addition to the owners of
Lots 6 and 7, hereby consent to the provisions of this Second
Amendment.
LOT 1
Lot 1 Development Partnership,
a Colorado general partnership
By:
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5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
CI'.rY OF ASPEN,
a Colorado municipal corporation
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 7-907A of
the Aspen Land Use Code
AMERICAN RED OAK TRUST,
owner of Lot 6
By:
Michael D. Dingman, Trustee
ASPEN CHANCE, INC., a Texas
corporation, owner of Lot 7
By:
Neal Myers, President
The undersigned, being all of the remaining owners of the
lots in Aspen Chance Subdivision, in addition to the owners of
Lots 6 and 7, hereby consent to the provisions of this Second
Amendment.
LOT I
Lot 1 Development P rtnership,
a Colorado genera partnership
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ner
By:
Kerry
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BOlll\ 592 PAliE851
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John N~
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
LOT 5
Bertram R. Firestone
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 1989, by Alan Richman, Planning Director,
on behalf of City of Aspen, a Colorado municipal corporation,
pursuant to the authority set forth in Section 7-907A of the
Aspen Land Use Code.
Witness my hand and official seal.
My commission expires:
Notary Public
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BOOK 592f'AGE858
LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
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Michael D. Dingm , President
LOT 5
Bertram R. Firestone
ss.
instrument was acknowledge efore me this
, 1989, by Alan Richm , Planning Director,
Colorado unicipal corporation,
In Section 7-907A of the
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LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
LOT 5
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Bertram R. Firestone
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 1989, by Alan Richman,Planning Director,
on behalf of City of Aspen, a Colorado municipal corporation,
pursuant to the authority set forth in Section 7-907A of the
Aspen Land Use Code.
Witness my hand and official seal.
My commission expires:
Notary Public
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STATE OF CO\<&faJD
COUNTY OF Vrl'lrr-n-
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. . The foregoing instrument was acknowledged before me this
;o~"- day of I~ ' 1989, by Neal Myers as President of Aspen
Chance, Inc., a exas corporation.
Witness my hand and official seal.
Notary Public
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STATE OF NE~;; HAMPSHI~
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COUNTY OF ROCKINGH~
The foregoing instrument was acknowledged before me this
/_?~hday of ~?'rc~, 1989, by Michael D. Dingman as Trustee of
American Red Oak ~rust, owner of Lot 6 and as President of Red
Oak of Colorado, Inc., a Colorado corporation, general partner of
Powder Lane Associates, a Colorado partnership.
Witness my hand and official seal.
My commission expires:
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STATE OF \I"<J' ,.;,w
COUNTY OF Lo~p~~
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The foregoing instrument was acknowledged before me this
11ft.... day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
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The foregoing instrument was acknowledged before me this
day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
COLORADO
ss.
COUNTY OF PITKIN
Ii The foregoing instrument was acknowledged before me this
~ day of May, 1989 by Kerry Dunn as general partner of Lot 1
Development Partnership, a Colorado general partnership.
Witness my hand and official seal.
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",','My commission
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The foregoing instrument was acknowledged before me this
day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires:
STATE OF OKLAHOMA
COUNTY OF CHEROKEE
Notary Public
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The foregoing instrument was acknowledged before me this
15th day of May, 1989 by John T. Nickel as owner of Lot 2.
Witness my hand and offical seal.
My commission
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HOLLAND & HART
ATIORNEYS AT LAW
DENVER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C.
600 EAST MAIN STREET
ASPEN, COlORADO 81611
TELEPHONE (303) 925-3476
TELECOPIER (303) 925-9367
CHARLES T. BRANDT
May 17, 1989
HAND DELIVERY
Alan Richman,
Director of Planning and Development
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Third Amendment to P.U.D. and Subdivision Agreement
for Aspen Chance Subdivision
Dear Alan:
Accompanying this letter is the original of the Third Amend-
ment to P.U.D. and Subdivision Agreement for Aspen Chance Subdi-
vision containing the signatures of the owners of all seven Aspen
Chance Subdivision lots. You'll note that the signature and
notary pages containing John Nickel's and Bert Firestone's signa-
ture and that of the notary publics who acknowledged their signa-
tures are facsimile copies. The originals were sent Tuesday via
UPS (Federal Express doesn't service Park Hill, Oklahoma). I
trust the facsimile copies are sufficient to permit you to sign
the Amendment and provide the Building Department with a copy so
that the "red tag" on house 7 can be removed. As soon as the
original pages containing the signatures and that of the notaries
arrive, I'll send them over for your substitution of the
facsimile pages along with a check to cover the recording fees
for the Amendment. Please let me know when construction can pro-
ceed.
I am proceeding to amend the Aspen Chance Subdivision plat
to eliminate Lot 4 as you requested. The land constituting Lot 4
will be divided between Lots 5 and 6 thereby eliminating Lot 4
and enlarging Lot 5 and 6. As soon as Scarrow and Walker can
survey the lot and prepare an amended plat, I'll get it over to
you for review and signature. I've asked the surveyor to give me
an estimate when we can expect the proposed amended plat. I'll
let you know.
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HOLLAND & HART
ATIORNEYSATLAW
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Alan Richman
May 17, 1989
Page 2
Thank you for your cooperation and willingness to reconsider
your initial position on the amendment to the P.U.D. Agreement.
Very truly yours,
CID/7YJ
Charles ~Brandt
for HOLLAND & HART
CTB/sg
Enclosure
cc: Michael D. Dingman
H. O. Myers
Rheta Fulton
Ed Danenhauer
Richard Pappalardo
CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 4G19/89
DATE COMPLETE: '\ "l.\\<;<-~
PARCEL ID AND CASE NO.
2737-182-00-062 31A-89
STAFF MEMBER: 1\\0- . Le~h~
PROJECT NAME: Aspen Chance Subdivision Insubstantial PUD
Amendment
Project Address:
Legal Address: Lots 6 & 7. Aspen Chance Subdivision
.
APPLICANT: Aspen Chance. Inc. and American Red Oak Trust
Applicant Address:
REPRESENTATIVE: Chuck Brandt.
Representative Address/Phone:
Holland & Hart
600 East Main st.
Aspen. CO 81611
5-3476
PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION:
1 STEP:
P&Z Meeting Date
PUBLIC HEARING:
CC Meeting Date
~
VESTED RIGHTS:
PUBLIC HEARING:
j.
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
2 STEP:
YES NO
YES NO
YES ~
YES @
Paid:
'I Date:
REFERRALS: "'- Q "'-e.
city Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
DATE REFERRED:
INITIALS:
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
FINAL ROUTING:
DATE ROUTED:
INITIAL:
City Atty
Housing
City Engineer ___ Zoning
Other:
FILE STATUS AND LOCATION:
Env. Health
.
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
May 3, 1989
Chuck Brandt
Holland & Hart
600 East Main street
Aspen, Colorado 81611
RE: Aspen Chance Subdivision Insubstantial PUD Amendment
Dear Chuck,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled your application for review by the City Council
on Monday, May 22, 1989 at a meeting to begin at 5:00 P.M. The
Friday before the meeting date, we will call to inform you that a
copy of the memo pertaining to your application is available at
the Planning Office.
If you have any questions, please call Alan Richman, the planner
assigned to your case.
sincerely,
;JJd~~
Debbie Skehan
Administrative Assistant
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CITY OF ASPEN ..
MEM? FROM ALAN RICHMAN, AICP
Planntng and Development Director
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HOLLAND & HART
ATIORNEYS AT LAW
DENVER
DENVER TECH CENTER
COlORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D,C.
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
TELECOPIER(303) 925-9367
April 19, 1989
CHARLES T, BRANDT
HAND DELIVERY
Mr. Tom Baker
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
APR. 9
Re: Amendment to P.U.D. and Subdivision Agreement
for Aspen Chance Subdivision
Dear Tom:
This letter shall constitute an application submitted under
Section 7-907 A of the Aspen Land Use Code, Amendment of P.U.D
Development Order -- Insubstantial Amendment. This letter of
application is submitted on behalf of our client, American Red
Oak Trust, owner of Lot 6, Aspen Chance Subdivision, and Aspen
Chance, Inc., owner of Lot 7, Aspen Chance Subdivision. Our
check in the amount of $100.00 accompanies this letter repre-
senting payment of the required application fee. Authorization
letters from American Red Oak Trust and Aspen Chance, Inc. also
accompany this letter.
BACKGROUND
Pursuant to the Second Amendment to P.U.D. and Subdivision
Agreement for Aspen Chance Subdivision approved by Planning
Director Alan Richman in June, 1988, a total of 7,463 square feet
is allocated to Lot 6. This figure included the transfer of
1,593 square feet to Lot 6 to be utilized in connection with a
proposed addition to the residence on the lot. The proposed
addition has not been constructed leaving the 1,593 square feet
available for transfer to Lot 7 upon approval of the requested
amendment set forth below.
AMENDMENT
The purpose of this amendment is to amend Paragraph 2 of the
Second Amendment to P.U.D. and Subdivision Agreement to "trans-
fer" the unused 1,593 square feet from Lot 6 to Lot 7 resulting
in the floor area square footage of the residence on Lot 6 being
reduced to 5,870 square feet (the present size of the residence
on the lot) and the floor area square footage for the residence
on Lot 7 being increased to 9,271 square feet. At this time,
l,521 of the additional 1,593 square feet will be utilized on
Lot 7 in the following manner: conversion of the existing three
,
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,.,,...
HOLLAND & HART
ATIORNEYSATLAW
Mr. Tom Baker
City/County Planning Office
April 19, 1989
Page 2
car garage into living area, utilization of some "volume" area
within the structure and the addition of a small "breakfast
nook". The building footprint of the house on Lot 7 will be
unchanged with the exception of the breakfast nook addition. A
sketch of these changes prepared by David Finholm and Associates,
architect for the house on Lot 7, also accompanies this letter of
application. I also suggest we arrange a site inspection as soon
as possible.
INSUBSTANTIAL AMENDMENT CRITERIA
Addressing the criteria in Section 7-907 and in support of
this application for an insubstantial amendment to the approved
Aspen Chance P.U.D., I offer the following:
1. The use or character of the development will not be
changed. The use of Lot 7 remains residential. As for the char-
acter of the development, it remains the same in that all but 200
square feet or so of the additional square footage will be used
within the structure as it is now being built. The two largest
homes in the seven lot subdivision are the houses on Lots 6 and 7
which are located at the subdivision's upper level or bench and
are up against the base of the heavily forested mountain.
Because the subdivision is "tiered", the size of the two homes on
Lots 6 and 7 remain in scale in relation to the homes on the
other lots in Aspen Chance Subdivision.
2. The transfer of the 1,593 square feet will not result
in an increase greater than 3% in the overall coverage of struc-
tures on the land. The footprint of the house on Lot 7 will only
increase by approximately 200 square feet as almost all of the
square footage transferred will be used to convert the existing
garage and "volume" areas into living areas. Furthermore, and of
some importance is the fact that if the 1,593 square feet were
utilized on Lot 6 in the proposed addition which had a building
footprint of 1,226 square feet, greater land coverage on Lot 6
would result than that proposed for Lot 7. By transferring the
square footage to Lot 7, almost all of the square footage is uti-
lized within the existing structure. See the last page to the
enclosed blueprints which shows the proposed addition on Lot 6.
3. There will be no increases in trip generation rates or
the demand for public facilities as a result of the transfer of
FAR from Lot 6 to Lot 7. Since no additional units are being
added by the transfer and the additional square footage will be
incorporated into the existing structure on Lot 7, additional
trip generation and public facilities demands are not a conse-
quence.
,
"""
--
,
,
HOLLAND & HART
ATIORNEYSATLAW
Mr. Tom Baker
City/County Planning Office
April 19, 1989
Page 3
4. There will not be any reduction of approved open space.
The approved open space as shown on the subdivision plat for
Aspen Chance will not be reduced by the requested transfer of
FAR.
5. Off-street parking will not be reduced. The house on
Lot 7 will contain eight bedrooms. There will be eight
off-street parking spaces provided -- three in the new carport,
three in front of the garage and three along side of the house as
shown on the site plan. These are shown on the enclosed
Site/Landscaping Plan.
6. No reduction of required pavement width, or
rights-of-way for streets and easements will occur as a result of
the transfer of square footage from Lot 6 to Lot 7. See the
enclosed Site/Landscaping Plan.
7. No increase in the approved gross leaseable floor area
of commercial buildings will occur. Since the properties
involved are residential in nature, this criteria is not applica-
ble.
8. No increase greater than one percent in the approved
residential density of the proposed development will occur. The
density is not affected -- all that is accomplished is a swap of
square footage from one lot to another within the ~spen Chance
Subdivision.
Please give me a call if you have any questions or wish
additional information. I will call you to arrange a site
inspection with David Finholm.
I am also submitting for your consideration, a draft of the
proposed Third Amendment to P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision.
.----'!':P :~UIY yqurs, /
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Charles T. Brandt
for HOLL~ND & HART
CTB/sg
Enclosure
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 4(.19/89
DATE COMPLETE: '{ U\<;<-~
PARCEL ID AND CASE NO.
2737-182-00-062 31A-89
STAFF MEMBER: I\\.~ . Le,~h~
PROJECT NAME: Aspen Chance Subdivision Insubstantial PUD
Amendment
Project Address:
Legal Address: Lots 6 & 7. Aspen Chance Subdivision
APPLICANT: Aspen Chance. Inc. and American Red Oak Trust
Applicant Address:
REPRESENTATIVE: Chuck Brandt.
Representative Address/Phone:
Holland & Hart
600 East Main st.
Aspen. CO 81611
5-3476
PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION:
1 STEP:
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
'-'0 )(-d- ~ VESTED RIGHTS: YES NO
(\~
CC Meeting Date \"^ "''^ ~ ~ PUBLIC HEARING: YES ~ S~i+ ~-'
\ S 1}t1 cd
VESTED RIGHTS: YES @
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: 'I- Date:
REFERRALS: "'- Cl "'-(C.
City Attorney
city Engineer
Housing Dir.
Aspen Water
city Electric
Envir. Hlth.
Aspen Consolo
S.D.
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
Other
DATE REFERRED:
INITIALS:
FINAL ROUTING: DATE ROUTED: S-/..J-s-/.f''j INITIAL: &-
--/ city Atty /' city Engineer /zoning Env. Health
___ Housing Other:
FILE STATUS AND LOCATION: ~ ~~
Case Disposition
The 3rd amendment to the Aspen Chance PUD was approved by staff,
with the following conditions:
1. Signatures shall be obtained from all lot owners, from the
Planning Director and City attorney before a building permit
may be issued for any floor area included in the subject
exchange. Note: The required signatures were obtained and
the agreement was recorded at Book 592, Page 853.
2. The homeowners' association shall submit an amended plat for
signature of the Planning Director, city Attorney and city
Engineer which represents that Lot 4 has been merged into
one or more of the other lots, has been designated as common
open space or otherwise has no development potential. The
plat shall be submitted and recorded within 90 days of the
date of recordation of the third amended PUD agreement.
The applicant concurs with this condition.
/
0'
,
MEMORANDUM
TO:
File
FROM:
Alan Richman, Planning Director ~
Aspen Chance Insubstantial PUD Amendment
RE:
DATE:
May 15, 1989
----------------------------------------------------------------
----------------------------------------------------------------
ISSUE: The applicant requests an insubstantial amendment to the
approved PUD agreement for the Aspen Chance PUD. The purpose of
the amendment is to transfer the remaining unbuilt square footage
(1,593 sq. ft.) from Lot 6 to Lot 7 of the PUD. The resulting
allocations of square footage to the 7 lots in the PUD are shown
in the proposed revised PUD agreement.
FINDINGS: The applicant has demonstrated compliance with the
basic criteria for a PUD amendment in the attached letter from
Chuck Brandt. Moreover, the amendment is consistent with the
conditions and representations of the original project for the
following reasons, or with the following conditions.
1. The intent of the original PUD was to keep as much of the
bulk off ute Avenue and to step the building mass away from
this road, toward the mountain. The requested transfer will
permit a limited expansion of the home now under
construction on Lot 7, with much of the expansion being
internal or to the rear. A site visit confirmed that this
expansion will not be apparent from ute Avenue.
2. The original PUD limited the size of the various homes
through designation of footprints. It was not until the PUD
was subsequently amended that the concept of taking the
total FAR allowed and allocating it among the lots was
established. Therefore, moving FAR among the lots is
certainly not prohibited by the original approval and is a
well established principal for this project, based on the
prior two PUD amendments.
3. Since no FAR is allocated to Lot 4 and none remains to be
re-allocated, the lot's development potential should no
longer be reflected in the PUD. This can be accomplished by
merging it into one or more of the other lots or by
labelling it as "common open space". To eliminate all
future uncertainty as to this lot, an amended plat removing
this lot's development potential should be recorded.
4. The owners of all six lots must sign the amended PUD
agreement prior to its being signed by the Planning Director
or city Attorney.
,
"
ACTION: I hereby approve of the insubstantial amendment, subject
to the following conditions:
1. Signatures shall be obtained from all lot owners, from the
Planning Director and city attorney before a building permit
may be issued for any floor area included in the subject
exchange.
2. The homeowners' association shall submit an amended plat for
signature of the Planning Director, City Attorney and City
Engineer which represents that Lot 4 has been merged into
one or more of the other lots, has been designated as common
open space or otherwise has no development potential. The
plat shall be submitted and recorded within 90 days of the
date of recordation of the third amended PUD agreement.
chanceinsibstantial
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THIRD AMENDMENT TO P.U.D.
AND
SUBDIVISI~AGREEMENT
FOR
ASPEN ClrnNCE SUBDIVISION
This Third Amendment is made this ~ day of ~~ , 1989,
by and between the City of Aspen, Colorado, a Colorado~icipal
corporation ("City"), Aspen Chance, Inc., a Texas corporation
("Aspen Chance") and American Red Oak Trust ("Red Oak").
R E C I TAL S:
I. The City and Aspen Chance entered into the P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and
Subdivision Agreement") dated July 25, 1984 and recorded July 27,
1984, in Book 470 at Page 758 of the Pitkin County, Colorado real
property records; and
2. The P.U.D. and Subdivision Agreement has been amended
by instruments recorded in Book 530 at page 88 and in Book 567 at
page 943 of said real property records; and
3. The owners of Lots 6 and 7 of the Aspen Chance Subdivi-
sion, being Red Oak and Aspen Chance, respectively, have
requested the City to amend the Second Amendment to the P.U.D.
and Subdivision Agreement to permit the transfer of 1,593 floor
area square footage from Lot 6 to Lot 7; and
4. The purpose of the reallocation is to permit the owner
of Lot 7 to incorporate the additional floor area square footage
in the residence currently being built on said lot; and
5. The City has determined that the requested amenmnent is
within Section 7-907 A of the Aspen Land Use Code whereby
insubstantial amendments to a P.U.D. plan may be authorized by
the Planning Director; and
6. The Planning Director has authorized the requested
amendment provided that certain conditions are met, which condi-
tions shall be deemed met upon the execution by all parties
hereto, including all consenting parties as noted below.
"..
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WIT N E SSE T ll:
----------
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the P.U.D.and Subdivision Agreement
for Aspen Chance Subdivision, as amended, is hereby amended with
respect to the following matters:
1. Use of Additional Floor Area Square Footaqe on Lot 7.
The owner of Lot 7, Aspen Chance Subdivision, may utilize 1,593
floor area square feet from Lot 6 for the purpose of increasing
the floor area square footage in the residence on said Lot 7.
Following the transfer, the total floor area square footage on
Lot 7 shall be 9,271.
2. Allocation of Floor Area Square Footaqe. Paragraph 2
of the Second Amendment to P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision is hereby amended and restated as fol-
lows: The building foot print square footage set forth in
Exhibit "B", Site Data Tradition, of the P.U.D. and Subdivision
Agreement, is hereby deleted. Subject to the provisions set
forth below, a total floor area square footage of 32,466 shall be
allowed to be constructed on the seven (7) lots within Aspen
Chance Subdivision. Said total is hereby allocated amongst the
seven (7) Aspen Chance Subdivision lots as follows:
Lot Number Floor Area
Lot I 3,215 square feet
Lot 2 3,223 square feet
Lot 3 5,468 square feet
Lot 4 0 square feet
Lot 5 5,419 square feet
Lot 6 5,870 square feet
Lot 7 9,271 square feet
Total 32,466 square feet
3. Amendment. The parties agree that the P.U.D. and Sub-
division Agreement shall be deemed amended by the provisions of
this Third Amendment. All other provisions of the P.U.D. and
Subdivision Agreement not so amended by this Third Amendment
shall remain in full force and effect.
4. Consent to Amendment. The undersigned owners, being
all of the remaining owners of the lots in Aspen Chance Subdivi-
sion hereby consent to this Second Amendment.
-2-
--
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5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
TO FORM
CITY OF ASPEN,
a Colorado municipal corporation
~
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 7-907A of
the Aspen Land Use Code
Attorn
AMERICAN RED OAK TRUST,
owner; of L,ot 6 ~
. 1/1 / ~ '
By: I (lft,/I.-
Ml.chael D. Ding
~
~
'll:
ASPEN CHANCE, INC., a Texas
corporation, owner of Lot 7
By: '-/kaL ~...,.,....I
Neal Myers, Pre dent
The undersigned, being all of the remaining owners of the
lots in Aspen Chance Subdivision, in addition to the owners of
Lots 6 and 7, hereby consent to the provisions of this Second
Amendment.
LOT 1
Lot I Development partnership,
a Colorado general partnership
By:
-3-
.......
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5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
FORM
CITY OF ASPEN,
a Colorado municipal corporation
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 7-907A of
the Aspen Land Use Code
AMERICAN RED OAK TRUST,
owner of Lot 6
By:
Michael D. Dingman, Trustee
ASPEN CIIANCE, INC., a Texas
corporation, owner of Lot 7
By:
Neal Myers, President
The undersigned, being all of the remaining owners of the
lots in Aspen Chance Subdivision, in addition to the owners of
Lots 6 and 7, hereby consent to the provisions of this Second
Amendment.
LOT 1
Lot 1 Development P rtnership,
a Colorado genera partnership
-3-
ner
By:
Kerry
DC)1
~0)
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
LOT 5
Bertram R. Firestone
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 19B9, by Alan Richman, Planning Director,
on behalf of City of Aspen, a Colorado municipal corporation,
pursuant to the authority set forth in Section 7-907A of the
Aspen Land Use Code.
Witness my hand and official seal.
My commission expires:
Notary Public
-4-
1;r
LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorad , Inc.,
:y:Ji~;C:j~ora ion
Michael D. Dingm , President
LOT 5
Bertram R. Firestone
~
ss.
instrument was acknowledge efore me this
, Planning Director,
Colorad unicipal corporation,
n Section 7-907A of the
9" ~"
-4-
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LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
LOTS
~A.r=~~
Bertram R. Firestone
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 1989, by Alan Richman, Planning Director,
on behalf of City of Aspen, a Colorado municipal corporation,
pursuant to the authority set forth in Section 7-907A of the
Aspen Land Use Code.
witness my hand and official seal.
My commission expires:
Notary Public
-4-
CblQO
STATE OF to\43'faJD
COUNTY OF ~rfLr-~.
)
) ss.
- )
,. . The foregoing instrument was acknowledged before me this
iO--t^-- day of (~ ' 1989, by Neal Myers as President of Aspen
Chance, Inc., a exas corporation.
Witness my hand and official seal.
My commission expires: C) (I 6/0 I
~~
~)~n~ ~Nd_~
Notary Public
STATE OF NE~J; HAMPSHII1E
) ss.
COUNTY OF ROCKINGHA~
The foregoing instrument was acknowledged before me this
/~~ day of /1tr~~ , 1989, by Michael D. Dingman as Trustee of
American Red Oak ~rust, owner of Lot 6 and as President of Red
Oak of Colorado, Inc., a Colorado corporation, general partner of
Powder Lane Associates, a Colorado partnership.
Witness my hand and official seal.
My commission expires: ~?~/
Nota~1" J-d'r
-5-
ctb:al6878017a
,-
qlpl
,~
,
STATE OF \/,'~.'n',w
COUNTY OF l-o..uic-"'...
)
) ss.
)
The foregoing instrument was acknowledged before me this
17ft...- day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires: i-e b, 2-(." n '/3
~~.~t--
Nota y PU~iC
-6-
ctb:a16878017a
~G 2~
COUNTY OF
)
) ss.
)
STATE OF
The foregoing instrument was acknowledged before me this
day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF PITKIN
)
) ss.
)
~
II The foregoing instrument was acknowledged before me this
~ day of May, 1989 by Kerry Dunn as general partner of Lot 1
Development Partnership, a Colorado general partnership.
My commission expires:
-6-
ctb:a16878017a
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C{,b ?
STATE OF
)
) ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this
day of May, 1989 by Bertram R. Firestone as owner of Lot 5.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF OKLAHOMA
COUNTY OF CHEROKEE
)
) ss.
)
The foregoing instrument was acknowledged before me this
15th day of May, 1989 by John T. Nickel as owner of Lot 2.
Witness my hand and offical seal.
My commission expires: 10-19-92
,{P~)f. w~~
-6-
ctb:a16878017a
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- '.'
ASPEN - CHANCE, INC.
March 30, 1989
Mr. Tom Baker
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Lots 6 and 7, Aspen Chance
Subdivision
Dear Mr. Baker:
The purpose of this letter is to notify you that we have authorized Charles T.
Brandt of the law firm of Holland &. Hart, Aspen, Colorado, to act on our behalf
with respect to the following:
1. Apply for and prosecute an application with the City of Aspen to Amend the
P.U.D. and Subdivision Agreement for Aspen Chance Subdivision with respect
to the allocation of Floor Area Square Footage on Lots 6 and 7;
2. Effectuate the transfer, via the foregoing Amendment, of approximately
1,593 square feet presently allocated to Lot 6, but unused, to Lot 7 as part of
the exchange of these two lots by their respective owners.
Sincerely,
Aspen Chance, Inc.
By: ~I
H.cr. M s,
President
~
1201 Loulsiono -Suire J150 - Housron, Texos 77002 - 71J/655~1800
-
--
MICHAEL D. DINGMAN
8\ FRONT STREET
EXETER, NH 03833
March 30, 1989
Mr. Tom Baker
City/county Planning Office
130 south Galena street
Aspen, CO 81611
Re: Lots 6 and 7. Aspen Chance Subdivision
Dear Mr. Baker,
The purpose of this letter is to notify yOU that
we have authorized our attorney, Charles T.
Brandt of the law firm of Holland & Hart, Aspen,
Colorado, to act on our behalf with respect to
the following:
1. APply for and prosecute an application with
the city of Aspen to Amend the P. U . D. and
Subdivision Agreement for Aspen Chance Sub-
division with respect to the allocation of
Floor Area square Footage on Lots 6 and 7;
2. Effectuate the transfer, via the foregoing
Amendment, of approximatelY 1,593 Square
feet presentlY allocated to Lot 7 as part of
the exchange of these two lots by their
respective owners.
Sincerely,
American Red oak Trust
By:
MDD:mal
.
,-
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/...
,~
,
THIRD AMENDMENT TO P.U.D.
AND
SUBDIVISION AGREEMENT
FOR
ASPEN CHANCE SUBDIVISION
This Third Amendment is made this
by and between the City of Aspen, Colorado,
corporation ("City"), Aspen Chance, Inc., a
("Aspen Chance") and American Red Oak Trust
day of , 1989,
a Colorado municipal
Texas corporation
("Red Oak").
R E C I TAL S:
--------
I. The City and Aspen Chance entered into the P.U.D. and
Subdivision Agreement for Aspen Chance Subdivision ("P.U.D. and
Subdivision Agreement") dated July 25, 1984 and recorded July 27,
1984, in Book 470 at Page 758 of the Pitkin County, Colorado real
property records; and
2. The P.U.D. and Subdivision Agreement has been amended
by instruments recorded in Book 530 at page 88 and in Book 567 at
page 943 of said real property records; and
3. The owners of Lots 6 and 7 of the Aspen Chance Subdivi-
sion, being Red Oak and Aspen Chance, respectively, have
requested the City to amend the Second Amendment to the P.U.D.
and Subdivision Agreement to permit the transfer of 1,593 floor
area square footage from Lot 6 to Lot 7; and
4. The purpose of the reallocation is to permit the owner
of Lot 7 to incorporate the additional floor area square footage
in the residence currently being built on said lot; and
5. The City has determined that the requested amendment is
within Section 7-907 A of the Aspen Land Use Code whereby
insubstantial amendments to a P.U.D. plan may be authorized by
the Planning Director; and
6. The Planning Director has authorized the requested
amendment provided that certain conditions are met, which condi-
tions shall be deemed met upon the execution by all parties
hereto, including all consenting parties as noted below.
-,
'-'
,....
'-"
WIT N E SSE T H:
--------
NOW, THEREFORE, in consideration of the premises, the mutual
covenants herein contained, the P.U.D.and Subdivision Agreement
for Aspen Chance Subdivision, as amended, is hereby amended with
respect to the following matters:
1. Use of Additional Floor Area Square Footaqe on Lot 7.
The owner of Lot 7, Aspen Chance Subdivision, may utilize 1,593
floor area square feet from Lot 6 for the purpose of increasing
the floor area square footage in the residence on said Lot 7.
Following the transfer, the total floor area square footage on
Lot 7 shall be 9,271.
2. Allocation of Floor Area Square Footaqe. Paragraph 2
of the Second Amendment to P.U.D. and Subdivision Agreement for
Aspen Chance Subdivision is hereby amended and restated as fol-
lows: The building foot print square footage set forth in
Exhibit "B", Site Data Tradition, of the P.U.D. and Subdivision
Agreement, is hereby deleted. Subject to the provisions set
forth below, a total floor area square footage of 32,466 shall be
allowed to be constructed on the seven (7) lots within Aspen
Chance Subdivision. Said total is hereby allocated amongst the
seven (7) Aspen Chance Subdivision lots as follows:
Lot Number Floor Area
Lot I 3,215 square feet
Lot 2 3,223 square feet
Lot 3 5,468 square feet
Lot 4 0 square feet
Lot 5 5,419 square feet
Lot 6 5,870 square feet
Lot 7 9,271 square feet
Total 32,466 square feet
3. Amendment. The parties agree that the P.U.D. and Sub-
division Agreement shall be deemed amended by the provisions of
this Third Amendment. All other provisions of the P.U.D. and
Subdivision Agreement not so amended by this Third Amendment
shall remain in full force and effect.
4. Consent to Amendment. The undersigned owners, being
all of the remaining owners of the lots in Aspen Chance Subdivi-
sion hereby consent to this Second Amendment.
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5. Counterpart Execution.
executed in multiple counterparts
constitute one instrument.
This Second Amendment may be
which when taken together shall
IN WITNESS WHEREOF, the parties hereto have executed this
Second Amendment on the date first written above.
APPROVED AS TO FORM
CITY OF ASPEN,
a Colorado municipal corporation
City Attorney
By:
Alan Richman, Planning
Director pursuant to
the authority set forth
in Section 7-907A of
the Aspen Land Use Code
AMERICAN RED OAK TRUST,
owner of Lot 6
By:
Michael D. Dingman, Trustee
ASPEN CHANCE, INC., a Texas
corporation, owner of Lot 7
By:
Neal Myers, President
The undersigned, being all of the remaining owners of the
lots in Aspen Chance Subdivision, in addition to the owners of
Lots 6 and 7, hereby consent to the provisions of this Second
Amendment.
LOT I
Lot 1 Development Partnership,
a Colorado general partnership
By:
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LOT 2
John Nickel
LOTS 3 AND 4
Powder Lane Associates, a
Colorado partnership, by
Red Oak of Colorado, Inc.,
a Colorado corporation
By:
Michael D. Dingman, President
LOT 5
Bertram R. Firestone
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of , 1989, by Alan Richman, Planning Director,
on behalf of City of Aspen, a Colorado municipal corporation,
pursuant to the authority set forth in Section 7-907A of the
Aspen Land Use Code.
Witness my hand and official seal.
My commission expires:
Notary Public
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STATE OF
ss.
COUNTY OF
The foregoing
day of
Chance, Inc., a
instrument was acknowledged before me this
, 1989, by Neal Myers as President of Aspen
Texas corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF
ss.
COUNTY OF
The foregoing
day of
American Red
instrument was acknowledged before me this
, 1989, by Michael D. Dingman as Trustee of
Oak Trust, owner of Lot 6.
Witness my hand and official seal.
My commission expires:
Notary Public
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ctb:a16878017a