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HomeMy WebLinkAboutcoa.bocc.gmc.ag.110999 AGENDA CITY OF ASPEN PLANNING AND ZONING COMMISSION PITK1N COUNTY PLANNING AND ZONING COMMISSION TUESDAY, NOVEMBER 9, 1999 $:00 PM AT PLAZA I GROWTII MANAGEMENT COMMISSION I. ROLL CALL II. MINUTES (10/12/99) III. DISCLOSURE OF CONFLICT OF INTEREST IV. PUBLIC HEARING: A. Chateau Chaumont Change in Use, Joyce Ohlson V. ADJOURN CITY AG15NDA City Council Meetings- on the 2"d and 41h Mondays at 5:00 PM Planning Zoning Commission Meetings- on the 1" and 3Id Tuesdays at 4:30 PM Historic Preservation Commission Meetings- on the 2"1 & 4th Wednesdays at 5:00 PM Board of Adjustment- on every other Thursday at 4:00 PM, or on Demand Revised 11103199 11/3 Neighborhood Meeting (4:00) Commercial Core 11/8 City Council (5:00) City Notice 10/19 Code Amendment- Accessory Dwelling Unit Program 2"d Reading (PH) (CB) Saint Moritz Minor PUD 2"d Reading * Prenotice (PH) (CB) HPC Contractor Licensing 1st Reading (AG) Resolution Re: World Town Planning Day (JO) Aspen Mountain PUD Public.Hearing cont'd from 10/25 (JA) 11/9 Growth Management Committee (5:00) at Plaza 1 Chateau Chaumont- Change in Use (JO) 11110 Housing Authority Presentation (5:00) Planning and Zoning Commission Invited 11/10 HPC (5:00) City Notice 10/19 Architecture 101 (AG) Bavarian Conceptual- Advisory comments to council (JO) 330 Gillespie- Worksession 135 W. Hopkins- Conceptual — Cont'd from 10/27 1006 E. Cooper Worksession 11/11 Planning and Zoning (2:00 — 8:OOPM) at Council Chambers (Dinner Provided) City Notice 10/19 Joint City -County meeting on AACP 11/16 Planning and Zoning (4:00) City Notice 10/26 Gramiger 70/30 Sketch Plan Public Hearing (JA) (Meeting at 6:00 with Council, time tentative) Code Amendments Worksession (CB) Second Aspen Subdivision Lots #6 and #7 ADU, Special Review (NL) (PH) Code Amendment- Planned Unit Development Public Hearing (CB) 11 /17 HPC (5:00) City Notice 10/26 Special Meeting 11/22 Planning and Zoning(l 1:30-1:30) (Lunch Provided) Aspen Mountain Drainage Master Plan (Nick Adeh and Consultants) 11/22 City Council (5:00) City Notice 11/2 Bavarian Conceptual Public Hearing (JO) Lighting Ordinance 2 nd Reading (JA) (PH) Moore Family PUD and School District Housing Amendment 2 nd Reading (PH) (NL) UBC 1st Reading 11 1/24 HPC City Notice 11/2 Cancelled 11/30 Planning and Zoning (4:30) City Notice 11/9 (PUB) Zone District & Definitions cont'd from 11/2 (NL)(PH) Yellow Brick Rezoning to (PUB) contd from 11/2 (NL) (PH) 518 W. Smuggler ADU (NL) (PH) 1395 Riverside ADU (NL) (PH) 1225 & 1227 Alta Vista ADU (NL) (PH) (Tentative) 12/7 Planning and Zoning (4:30) City Notice 11/16 Code Amendments Public Hearing (CB) Hoag Lot #3 8040 Greenline Review (CB) Molly Gibson Lodge Minor PUD (NL) (PH) — (make up council notices for applicant mailing at same time) Moore ADU Public Hearing (NL) 510 Park Circle Minor PUD- amendment Public Hearing (NL) (Tentative) 12/8 HPC (12:00) City Notice 11/16 939 E. Cooper — Variance (PH) 12/8 HPC (5:00) City Notice 11116 Winter and CO. Cont'd Langley Minor HPC 12/13 City Council, (5:00) City Notice 11/23 Code Amendment (PUB) Zone District 1" Reading (NL) Yellow Brick School Rezoning to Public 1't Reading (NL) Contractor Licensing (HPC) 2 nd Reading (AG) State Historic Preservation Tax Credit Resolution (AG) Molly Gibson Lodge Minor PUD 1" Reading (NL) 2 12/14 Planning and Zoning (4:30) Notice 11 /23 Williams Ranch Substantial PUD Amendment — Cont'd form 11/2 12/21 Planning and Zoning (4:30) City Notice 11 /30 Holiday- No meeting 12/22 HPC (5:00) City Notice 11 /30 Holiday- No Meeting 1/ 4 Planning & Zoning (4:30) City Notice 12/14 1110 City Council (5:00) City Notice 12/21 Molly Gibson Lodge Minor PUD 2nd Reading (NL) (PH) Code Amendment (PUB) Zone District 2nd Reading (NL) (PH) Yellow Brick School Rezoning to (PUB) 2nd Reading (NL) (PH) UBC 2nd Reading (SK) (PH) 1/ 12 HPC (5:00) City Notice 12/21 1/ 18 Planning & Zoning (4:30) City Notice 12/28 1/ 24 City Council (5:00) City Notice 1/ 4 1126 HPC (5:00) City Notice 1/ 4 2/ 1 Planning & Zoning (4:30) City Notice 1 /11 Scheduling of Public Hearings are subject to change by discretion of Planning Staff. cc: P&Z Packet City Attorney's Office City Planning Staff City Clerk's Office g:/planning/aspen/agendas/comingup.doc/ 3 MEMORANDUM TO: Aspen/Pitkin Growth Management Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planner RE: Chateau Chaumont — Public Hearing Change -in -Use, Commercial to Residential DATE: November 9, 1999 SUMMARY: The basement of the Chateau Chaumont building houses an office of approximately 1,600 square feet directly accessed from the underground garage. This space was legally created in 1968 as part of another residential unit. Unit 7A was then converted to an office and separated through the condominium declaration. The approved condominiumization allowed eight of the units on this property to be both residential and business use although this is the only office in the building. Since that time, the zoning has changed to prohibit office use and Growth Management now requires a change -in -use application be approved for these types of conversions. While the office use is currently not a permitted use in the zone district, it was legally created and may continue for the life of the building as a non -conformity. The owner of Unit 7A, Dale Eubank, is requesting and change -in -use exemption from Growth Management to convert this space into a residence. To accomplish this task, an external entrance and adequate light and air needs to be provided to meet the requirements of the Uniform Building Code as the only entrance is now from the parking garage. Chateau Chaumont exceeds the residential density allowed in the L/TR Zone District. The applicant was granted a variance from the Board of Adjustment in May of this year allowing this application to proceed to the Growth Management Commission. In their deliberations, the Board of Adjustment discussed the presence of a hardship versus the fairness of other units within the building which are used as residences. Staff did not support the variance because the argument was primarily based on the financial difficulty of the applicant finding an occupant. In other words, the applicant's difficulty in securing lease for more than the market would bear was not a justifiable reason for a variance. Eventually, however, the Board determined that the variance standards had mostly been met. (BOA minutes are attached.) The change -in -use provision allows the creation of one free-market residence in conformance with the review criteria. It appears the application meets all of the standards for a change -in -use and staff is supporting the request. There are six (6) free-market allotments currently available. If approved, the one unit will be accordingly deducted from the annual allotment pool. Staff recommends the Commission approve this Change -In -Use, with conditions. APPLICANT: Dale Eubanks. Represented by Michael Hoffman. LOCATION: 731 East Durant Avenue. Chateau Chaumont Condominiums. ZONING: Lodge/Tourist Residential (L/TR). CURRENT LAND USE: Commercial office. PROPOSED LAND USE: Two -Bedroom residence. PREVIOUS ACTION: The Commission has not previously considered this application. The Aspen Board of Adjustment granted a variance for this application. BOA minutes are attached. REVIEW PROCEDURE: Change -in -use. The Growth Management Commission shall, by resolution, approve, approve with conditions, or disapprove the application at a public hearing. STAFF COMMENTS: The application includes an agreement between the applicant and the Condominium Association. This private agreement is not enforceable by the City and merely acts as a covenant between adjacent land -owners. As a point of interest, this private agreement seems to prevent an owner from placing an affordable housing deed restriction on his own property or selling the unit to the Housing Authority. Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit `B." BOA minutes have been included as Exhibit "C." The application has been included as Exhibit "D." RECOMMENDATION: Staff recommends the Growth Management Commission approve the Chateau Chaumont Unit 7A change -in -use from commercial to residential with the following conditions: 2 1. The Building Permit Plans shall demonstrate the unit's compliance with all applicable requirements of the Uniform Building Code including, but not limited to, natural light, ventilation, automobile exhaust, and egress. The unit shall contain an entrance from the exterior of the building and the entrance from the underground garage may not be the primary entrance to the residence. 2. This change -in -use approval shall not be considered an approval or variance of any other requirement of the Land Use Code or of the Uniform Building Code. The building permit plans shall demonstrate compliance with all zoning requirements not granted a variance including, but not limited to, setbacks and Floor Area. 3. Before a building permit application may be accepted by the Building Department, the applicant shall record this Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Growth Management Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Chateau Chaumont Unit #7A change -in -use to residential with the conditions outlined in the Community Development Department memo dated October 12, 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Referral Agency Comments Exhibit C -- BOA Minutes Exhibit D -- Development Application 3 the finished first floor." Waiving the window standard will allow the placement of these windows as proposed without a Floor Area penalty. Staff does not find the variance criteria to be met and does not support the variance. The window standard allows for larger windows but requires a floor area penalty. The purpose of this standard is to allow either large houses or large windows — but not a large house with large windows. This is a vacant lot with no constraints and the house can be designed to meet the City's Residential Design Standards. The Design Review Appeal Committee (DRAG), in this case the Planning and Zoning Commission, may waive the Residential Design Standards upon finding the proposal meets one of the variance criteria for each of the standards. Staff s response to these criteria are included in Review Criteria and Staff Findings, in Exhibit A. Staff is recommending approval of the detached ADU and subdivision variance, and denial of a variance to place a street facing principal window in the "no window zone". REVIEW PROCEDURE: Conditional Use for ADU. The Commission shall approve, approve with conditions, or disapprove the application at a public hearing. Residential Design Standards. Upon receipt of an application for Residential Design Standards, the Community Development Director shall determine if the development plan is consistent with the Residential Design Standards. If an application is found to be inconsistent with any item of the Standards, the applicant may either amend the application or seek a variance. The Design Review Appeal Committee (DRAC) may grant relief from the Residential Design Standards at a public hearing if the variance is found to be: a) in greater compliance with the goals of the AACP; or, b) a more effective method of addressing standard in question; or, c) clearly necessary for reasons of fairness related to unusual site specific constraints. • Special Review for subdivision variance. The Commission shall by resolution approve, approve with conditions, or disapprove a development application, after recommendation by Community Development. RECOMMENDATION: Staff is recommending approval of the detached ADU and subdivision variance, and denial of a variance to place a street facing principal window in the "no window zone". 3 RECOMMENDED MOTION: "I move to approve the Conditional Use for an Accessory Dwelling Unit and Special Review for reducing the emergency access easement from 20 feet to 16 feet" "I move to deny the variance to allow the street facing principal window between nine (9) and twelve (12) feet." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit $ -- Referral Agency Comments Exhibit C -- Vicinity Map Exhibit D -- Development Application Exhibit E -- Site Photographs 4 Qw --w4tw Exhibit STAFF COMMENTS: Change In Use 26.100.050 (B)(3) Growth Management Commission Exemptions that are Deducted from the Pool of Annual Development Allotments and from the Metro Area Development Ceilings. a. Change in use. A change in use of an existing structure between the residential, commercial/office, and tourist accommodation categories for which a certificate of occupancy has been issued for at least two (2) years and which is intended to be reused, shall be exempt from the growth management competition and scoring procedures, provided the following conditions are met: 1) The Growth 1Ylanagement Commission determines that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated. Staff Finding - The existing commercial office space has the capacity to generate more employees than the residential use. In fact, the employee generation rates used in the land use code determine this space to generate approximately 5.6 employees. The land use code does o not have a generation rate for residential land use. It is highly unlikely, however. that this residence would generate anywhere near 5.6 full-time employees. Staff believes that no additional employees will be generated by this change -in -use. 2) The Growth Management Commission determines that a minimal amount of additional parking spaces will be demanded by the change in use and that parking will be provided. Staff Finding: The parking regulations for residential use requires 1 space per bedroom or two per unit, whichever is less. For commercial development, 4 spaces per 1000 square feet of net leasable space are required. The exis ng commercial space in question is approximately 1,600 square feet. This requires 6.4 parking spaces on -site. The applicant is seeking to create a two -bedroom apartment requiring 2 parking spaces. The apartment building does not meet the current on -site parking requirements of the Land Use Code with approximately 20 off-street spaces used in common by all residents. However, the proposed use requires fewer spaces than the commercial use. Because there is proposed a reduction in the on -site parking for this space, staff believes this standard is met. 3) The Growth Management Commission determines that there will be minimal visual impact on the neighborhood from the change m use. Staff Finding: Changing the use of this unit will not have a substantial visual impact on the neighborhood. Additional light and egress areas will need to be provided to meet the requirements of the U.B.C. Other than these changes, the residential use will be virtually invisible. 4) The Growth Management Commission determines that a minimal demand will be placed on the City's public, facilities from the change in rrse. Staff Finding: This change in use is not expected to affect the provision of facilities. The unit is currently served by all the necessary utilities needed for residential use. S) No zone change is required Staff Finding: No zone change is required for this use. The applicant gained a variance from the Board of Adjustment related to the density on the parcel. 6) No more than one residential unit will be created. Staff Finding: Only one residence is proposed. This criteria is met with this application. 7) The proposed use is consistent in all respects with the AACP. Staff Finding: The AACP does not address this parcel specifically, but there are statements for and against this conversion which may loosely apply. The AACP spea':s to the provision of additional housing in the core area of Aspen. This infill housing. however, is primarily related to affordable, deed restricted, housing and projects with a substantial amount of affordable housing. The commercial section then goes on to say "Office space costs are driving many of these local business people and their local services out of the community. Finding ways to provide affordable office space in the core of the community is essential to the Aspen area quality of life." This "finding ways to provide affordable office space," however, does not necessarily mean existing space cannot be converted. In fact, this statement seems to indicate a need to create new subsidized or deed restricted office space. Lastly, a statement in the commercial section reads: "Revise the criteria for change -in -use in zone districts outside of the CC zone district in order to prohibit the loss of locally serving business through change -in -use." This proposed code amendment was never accomplished and it would be unfair to hold this application to that increased scrutiny. These statements may loosely apply but do not provide any certain direction regarding this project. It is difficult to determine if a project is "consistent in all respects with the AACP" if there is little concrete guidance given for that project. With some certainty, however, staff can say that the project is not inconsistent with the AACP. To: Thru: From: Date: Re: 1v1EMORA.NDUTM Chris Bendon, Planner Nick Adeh, City Engineer Chuck Roth, Project Engineer September 13, 1999 Chateau Chaumont - / A Change in Use (i 31 E. Durant Avenue) The Development Review Committee has reviewed th.- above referenced application at their August 11, 1999 meeting, and eve have the following comments: Genera', — (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features without misrepresentation, and that it is feasible. The wording must be carried forward exactly as written t_aless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements if continuation of such encroachment would be acceptable to the City. 1. Engineering Department — The application requests to convert an existing office space in a condominium building to a residential space. There are no impacts of city engineering concern. 2. Building Department — The applicant needs to meet with the Building Department in order to determine if it will be required to construct light wells for the unit. DRC Attendees Staff. Nick Adeh, Tom Bracewell, Ed Van Walraven, Chris Bendon, Sarah Oates, Karma Borgquist, Stephen Kanipe, Cheryl Christiansen, Jack Reid, Chuck Roth 99M1120 CITY -OF ASPEN BOARD OF ADJUSTMENT NLAY 1? 1999 jDid les P rson, chairma pened the City of As n B � at 4:00 p.m. w' members Rick Hea , im Iglel Schott pres . City staff in atten ce were: Da` ney; Sar omas, Community evelopmentZonil t- C Clerk. / S MOTI : Rick Head move to approv inu Apt ,1999. Jim Iel t second. PROM CONFLICTS OF INTEREST %, , r �A 1`CinuICS �' Clie�U �0.UrN�^i one CO INTENT Z Jac1'e Lothian t d that the Cite C ncil would pro ly be interv',`�-inc the �licants f the city boards w'1 In the next mon PUBLIC HEARIN- & CASE r99-03 CHATEAU CHAU��IONT CO��DOMI�IUMS. LTIT , / A Charles Paterson, chair, opened the public hearing. David Hoefer, Assistant City Attorney, stated that notice was provided but the list was not attached. (The list NNvas provided to the city clerk's office on Ma`- 18, 1999.) Sara Thomas stated that this building was built in 1968, when this tyne of construction and zoning were allowed, but now, it was non-conform.nc. She noted that this office space was part of a unit, NA-hich was connected with. a residential anit. To convert back to residential was a two-step process to comply with density; the next review would be with P&Z for a change in use request. Thomas said that staff found no hardship to meet the criteria. The non -conformity could be maintained as an office, but not chanced to residential. The applicant, Dale Eubanks represented by Michael Hoffman, requested a variance from the density requirements of the LT-R zone district to allow for the conversion of this existing office space into residential space. Hoffman asked for staff interpretation. He noted this had always been a separate condominium and the current space was not allowed under current zoning law. He 1 CITY OF ASPEN BOARD OF ADJUSTMENT MAY 13 1999 said there were 2 other units that had been converted to residential from office; Mr. Eubanks will limit the r of people if so desired by deed restriction. Hoffman distributed his review criteria for variance setting (exhibit rlir'40); he felt there was a hardship. Thomas stated that the other building permits all represented residential remodels; these permits were for residential and not commercial. Peter Wolford, Chateau Chaumont manager, stated that 923 was the office for the Chateau Chaumont and was converted to residential. Hoefer explained to the board that this was not a board of equity but must be consistent with criteria presented and rule from that criterion. Rick Head asked if the r of bedrooms had gone up or was it always the same. Wolford stated there was a bedroom with an illegal use that was convened; there were now 48 bedrooms. Eubanks said that unit;.'23 was used as an of Ze. He said he made the mistake and stated his unit --,"'/'A was an of ice; he -was penalized because he was honest and now could not make the unit residential. David Schott asked wvhen purchased if it was an office. Eubanks replied that is w-as an office. Wolford said the condo association didn't care if it was residential or commercial but the parking was critical with only 11 spaces; there were no designated parking places, but on a first come first serve basis. Hoffman said that Dale placed a deed restriction. which puts his unit in full compliance with all of the homeowner's requests. He said the parking was for only the owner with the exception that one renter would be allowed. Hoffman further stated that the deed restriction would include one adult per bedroom, if the variance was granted. There would be 3 bedrooms depending upon the proper egress for those bedrooms. Eubanks stated there was a plan to change the egress from access through the garaze to the back stairwell, although there was no legal or code problem with the existing. He stated that he has owned the unit since 1978 and nev.,r had a clue about these problems. Eubanks paid that if he abandoned the commercial use then he was left with 1500 square feet of unusable space. He noted this w-as brought about by applying to put in window well in this unit. He asked where the equity was from the city for someone who has lived here and owned a business here for all these years. Paterson asked if there was a change in the town over the years in this area. Eubanks replied there was a change and he moved his office down - valley about 5 years ago. He said the type of business to go into this space wasn't a viable option for the homeowners and maybe there would be a takings scenario. Hoffman stated that the condominium declarations state that certain units can be used for commercial, but the underlying assumption was that all can be used for 2 CITY- OF ASPEN BOARD OF ADJUSTMENT MAY 13, 1999 residential. He said that Mr. Eubanks just wanted to, exercise his right for residential when he bought it in 1978. Head said Eubanks bought it knowing it was an office. Eubanks responded that he bought it knowing it was office but it was also clear to use residentially. He said that he had to show consistent historic office usage. Hoefer noted the condominium declarations were not binding on the city; the city ordinance was the binding document which the finding was based upon. Hoffman stated that the board had to consider the equities forming a hardship. Head stated that this board could not consider financial hard I hip. Hoffman did not agree. Paterson stated the board of adjustment was a board of fairness for all sides. Eubanks stated that the space has not bee:: rented or sold in two years. The board agreed that could be a function of price. Head asked if this unit could be converted to parking spaces and if those spaces could be sold. Thomas said the review process with P&Z might still be for a chancre in use. Head said there was a viable use as office space now. Jim IQlehart asked if there was a kitchen in the unit. Eubanks replied there was an office kitchen, not a fi.ill residential kitchen. Howard DeLuca asked if this %vas the only commercial use in the building. Eubanks answered that was correct. � v Iglehart, DeLuca and Schott concurred that office space was a bigger impact on the neighborhood than residential. Schott stated concern for 3 additional bedrooms without a parking provision. Head stated the variant e was financially driven and parkin` was a problem. He said even though the economy has changed the board could not consider financial equity as a hardship. Head noted he would not Note in faN-or of this variance. Paterson said this was consistent Nvith the AACP and felt there was a hardship because of the chance in zoning and density--equirements at the time this was built. DeLuca noted parking was a problem with only room for 11 cars and 48 bedrooms, 25 units, but asked to look to the future — public transportation can then service Aspen tivhen cars won't be needed. Paterson noted that not too long ago parking wasn't considered for any commercial or residential units and now it was unfair to apply the present or future situation without considerincr the change a hardship. Icrlehart asked staff what review was necessary to cro through to cret 3 bedrooms approved. Thomas noted that P&Z would review, the chancre in use to allow residential conversion and a parking variance. Icrlehart said P&Z may grant only K t CITY OF ASPEN BOARD OF ADJUSTMENT NLkY 13, 1999 one bedroom, and this was in town, so parking shouldn't be a problem. DeLuca said that if things go as planned, to remove traffic out of the commercial core, then a hardship is created for businesses because of the change in impact. Hoffman stated the fairness issue was not the same as a takings analysis of all value but rather fairness was the issue here. Hoefer stated the focus was compliance with .A,ACP and the hardship with the minimum variance was not dis c.ussed. He said that he followed Rick's statement about the request as economicall`• driven without a minimum variance request. Hoefer stated the city position was that this unit could be.rented commercially. Paterson asked what a minimum variance request would be without granting what then were asking for. Thomas responded that it would be a reasonable use of the parcel without variances. She said the code still allowed that use. Eubanks asked what if he was no longer able to use it for the purpose. Hoefer responded that they were able to use it for that _)urpose. H-.-ffman said the code stated if he did nothing with it for one year, he would not be allowed to use it. Hoefer stated that Eubanks purchased and used the unit commercially. Head stated that Eubanks was not denied reasonable use of the property. Paterson reviex-v ed the criteria sheet and felt there were special conditions and circumstances. He said that grantinc this variance would not confer upon the applicant any special privileges because other people had the opportunity to have residential. «"olford said there could be both good and bad residential and commercial uses; if Eubanks could provide the egress and windows or whatever was necessary- to be in compliance, then it -was fine. Head asked vvhy this couldn't be done with the office. MOTION: Charles Paterson moved to approve the request to vary the minimum lot area per dwelling unit to allow for the conversion of an office space to a residential dwelling unit at 731 East Durant, Unit 7A, finding that the review standards have ,mostly been met, and that such conversion shall be subject to Change in Use approval by the Planning and Zoning Commission. David Schott second. Roll call vote: Iglehart, ves; DeLuca, yes; Schott, yes; Head, no; Paterson, yes. APPROVED 4-1. The meeting a urned at 5 :00 p.m. �rckieLothian, Deputy City Clerk 11 LAW OFFICES FREILICH, NIYLER, LEITINER & CARLISLE A PARTNERSHIP !NCLUDING PROFESSIONAL CORPORATIONS Lei ASPEN COLOFL-kDO 106 Soc,7H tiIILL STREET ATTORNEYS AT LAW Sc,TrE ?OL DAVID J. `1YLER- P.C. ; E..WCItAEL HOFr'vLkN ASPEN. COLOR. 8 1611 SHAINE 1. HARVEY' F aCUMILE, (970)920-1259 TELEPHONE (970)920-10I8 June 17, 1999 Aspen Planning and Zoning Commission Aspen tilunic:pal Government 130 S. Galena Street Aspen, Colorado 81611 IN IiANSAS CTY. WSSCURi FREILICH. LETTER A C.\RLISLE ATTORNEYS AT LAW ROBERT H. FREILICH, P.C. "' MAW..LN' L. LEI NER ?,C. RICIiARD G. CARLISUL P.C. STEPHEN J. MCORE. ? C. S. -N ARK IN c L) KYLE -. FOOTE ADNC-- rua W,xr-,tc, CERTTFIED LAND USE ?LA. tMERS MICIiAI:L J. LACER AIC? JE`NIFER R 3AR -E'71. AIC? KLM S. 3ROPHY, AIC? Re: Request for Variance - Chateau Chaumont Condominiums, [,nit 7A (the ",Unit") Dale Eubank-, Owner Gentlemen: By this correspondence Dale Eubank is requesting that the Aspen Planning and Zoning Commission grant an exemption from the Growth -Management Quota System ("GMQS'') for a chance in the use of Unit 7A (the "Unit") of the Chateau Chaumont Condominiums (the "Project")1 from commercial to residential use. tilr. Eubank utilized the property as the office for his accounting practice for many years. More recently, the .Unit was leased to others for commercial purposes.'lovIr. Eubank had planned to convert the Unit to residential use so he stay there occasionally when he comes upvalley from his home in Carbondale. However, in the past week, .1vIr. Eubank has entered into a contract to sell the property to Veronika, Inc., a local investment company. The Buyer wishes to pursue ylr. Eubank's plan to convert the property to residential use. I. Background of Request What makes this application somewhat unique is that the Unit is zoned for residential, not commercial use. This land use process began for W. Eubank when he asked the City for a building permit to convert his office space to bedrooms. The City Zoning Officer turned him down even though the requested use of the Unit is allowed in the L[M zone district while its current use is prohibited. The City took this position because the number of bedrooms in the condominium Project as a whole exceeds that which would be allowed if the building was to be constructed today. The Project is located on the southwest side ofthe intersection of Original and Durant Streets. FREILIM MYLER, L EnWER & CARLISLE r Aspen Planning and Zoning Commission June 17, 1999 Page 2 Allowing .Mr. Eubank to use his Unit as a residence would only further increase density in the Project, according to the City, and therefore would not be allowed. Mr. Eubank was unable to find either a commercial buyer or a tenant for the Unit. The combination of the City's refusal to allow him to convert the Unit to residential use.and the reality that there is little demand for below -grade commercial space in Aspen, left Mr. Eubank with few alternatives. In the Spring of this year, he asked the Aspen Board of Adjustment to grant him a variance from stafF s interpretation of the density requirements of the L,, R zone district. On May 13, 1999, the Board of Adjustment granted Nir. Eubank's request. In a 4-1 decision, the Board round that it would be inequitable to prohibit Mr. Eubank from using the Unit as a residence when every other privately -owned unit the Project was used for that purpose. The Board also apparently believed that it would be unfair to prevent Mr. Eubank from converting the Unit from commercial use when several other owners in the Project had done the same thing without any otmosition from the City. II. Need for OJOS Exemption Even though the Board of Adjustment granted the request for a variance, the Land Use Regulations require that the Planning and Zoning Commission review and approve the proposed change in use. Section 25-102-040(B)(1)(b) provides that [a]nv chancre in use of an existing structure between the residential, commercial/office and tourist accommodations categories [may be exempted from G%1QS by the Planning and Zoning Commission], provided that it can be demonstrated that the change in use will have minimal impact upon the city. The Code requires that the applicant demonstrate "minimal impact" in four key areas: employee generation including adequate mitigation, demand for additional parking spaces including adequate mitigation, the amount of visual impact caused by the change in use and the additional demand placed on "the city's public facilities." III. Interests of the Project's Homeowners' Association Chateau Chaumont Condominium Association, Inc. (the "Association"), is the homeowners' association for the Project. The impacts of a conversion of Mr. Eubank's Unit from commercial to residential use will be more immediately felt by the members of the Association than they will by the City of Aspen at large. Because of its intense concern over these impacts, the Association required that ;Mir. Eubank enter into Deed Restrictions concerning the Unit as a condition of its support for this application. A copy of the Deed Restrictions is attached to this application as Exhibit "A". The Association is particularly concerned that (1) the Unit not be used in a manner which will . disrupt other owners in their peaceful enjoyment of their property, and (2) that the few parking spaces FREMICK MYLER, LEITYER & CaRIMLE Aspen Planning and Zoning Commission June 17, 1999 Pate 3 which exist in the Project continue to be available for owners and not be used by tenants or guests. These interests closely reflect the impacts of conversion which must be reviewed and approved by the Planning and Zoning Commission under the Land Use Regulations. IV. Effects of Conversion on Fmt?lovee Generation Allowing the Unit to be converted from office use will have a positive impact on the employee housing problem in the City. When it is used for commercial purposes, the Unit contributes to the number of people workinginAspen. If the opportunity to use the Unit for commercial purposes is removed, fewer people can work here. Because commercial use of the property is not allowed in the L/TR zone district, the eliminated employees cannot be "recreated" unless zoninv regulations are chanced substantially. Such a change is unlikely. Conversion to residential use will have little, if anv, impact on the number of Teeple employed in the City. The Unit's physical characteristics, especially its below -grade siting, will peep its sales price low, by Aspen standards. Local people can afford to own or buy this Unit. Most likely, the property will be a de facto affordable housina unit, one through which the -owner may participate in appreciation in the housing marketplace. Rental of the Unit to long-term unrelated tenants is limited by the Deed Restrictions to "[n]ot more than one (1) person per legal bedroom." . o more than three bedrooms can be created.' These two covenants alone will substantially reduce the impact of the Unit's residential use on the community. Even if the Unit is rented to Aspen visitors, the impact of these vests will have only a minimal impact on employee generation. The Project was constructed in 1968 to accommodate short-term visitors. N1anv Chateau Chaumont units are still used for that purpose. The condominiums themselves are not large enough to require specialized employees, such as nannies, cooks or gardeners, so guests will have only a generalized impact on the local economy. No direct impacts should be created or realized upon the conversion of the Unit to residential use. V. Little If Any, Additional Parking Will Be Required By Residential Use The Unit can now be used for commercial purposes. For much of the past 20 years, Mr. Eubank used the property as the office for his accounting practice. His clients and staff intensively utilized the street for parking purposes. If the Unit is converted to residential use, those vehicles will no longer occupy parking spaces near the Project during busy daylight hours. Nor will they contribute to traffic within the City or along Highway 82 as their owners drive to and from work. They will be replaced by cars owned either by (1) short-term guests or (2) a few loner term residents. Although it is difficult to state with certainty the exact impact these two groups will have on local parking availability, it is likely that they will little negative effect. Due to the Project's proximity to Aspen Mountain, the central business core and RFTA bus lines, short-term Chateau Chaumont vests Z Deed Restrictions, Section 3. FREILICH, MYLER, LEn ER & CARLISLE Aspen Planning and Zoning Commission June 17, 1999 Page 4 do not need to bring their personal vehicles with them. Long-term residents are likely to recognize that they have little need for a car. The residential restrictions included in the Deed Restrictions' encourage use of the Unit by a family, rather than by individual adults. The consolidated needs of families should also rE sult in fewer vehicles being associated with the Unit. Conversion of the unit from commercial to residential use will have minimal impact on the number of parking spaces needed within the City of aspen. VI. Conversicl Will Cause Nfinimal Visual Impact on the Nieiahborhood The extent to which Mr. Eubank can make use of the Unit as a personal residence depends in large part on his ability to bring the property to current uniform Building Code ("LBC") standards, particularly in the area of ingress and egress. For this reason, the Association has already given its consent to allow Mr. Eubank to construct alternative entrance,/exit portals to the L: nit at particular locations as may be required to satisry the LBC and Aspen building officials. The Association agreed to this construction because its officials believed that these improvements will have little impact on the Project or the surrounding neighborhood. As Nlr. Eubank, or his successor, work with the Community Development Department to satisfv the L-BC, more definite construction plans will be established. 'r. Eubank ageles tha: an appropriate condition of the Commission's approval of this request is that the final plan have a minimal visual impact on the neighborhood. VII. Demands on Public Facilities. As with parking, conversion of the Unit from commercial to residential use will essentially effect a change in the time of day during which occupants will utilize the space. Although residents will more intensively use the snit during the evening and early morning hours, there is no evidence that there will be a difference in the average demand placed on public facilities related to the Unit. The only currently anticipated physical changes in the property will be for access to the bedrooms so as to comply with the UBC. The residential restrictions contained in the Deed Restrictions limit the number of people who can live in the Unit, thereby further limiting potential impacts on local infrastructure There will be minimal, if any, additional demand placed on the city's public facilities from the change to residential use. VIH. Conclusion It is likely that allowing 1NIr. Eubank to use his condominium Unit for residential purposes will actually reduce traffic in the area of City Market, the Silver Queen Gondola, and in the commercial core. Although residential use could have had some negative consequences if its use was not handled responsibly, the Project's homeowners' Association recognized the risk and moved aggressively to 3 Deed Restrictions, Section 3. FRErum MYLER, LEIT^tER & CARLISLE Aspen Planning and Zoning Commission June 17, 1999 Paae 5 pre-empt any such effects. Mr. Eubank agreed to his neighbor's requests, and the Deed Restrictions which now efficiently govern use of the Unit. As described in this letter, conversion of the Unit to residential use will have minimal impact on the City. Particularly in the areas of employee generation, parking space requirements, visual impacts and demands on public facilities, the City will not be harmed by allowing Mr. Eubank to make the same use of his property enjoyed by all other owners of units within the Project. For this reason, we urge the Planning and Zoning Commission to grant this request for an exemption from the Growth Management Quota System. Sincerely, FREILICH, MYLER, LEITNER & CARLISLE E. Nlichael Hoffman cc: Dale Eubank THEE RESTRICTIONS are entered into as of this 13th day of May, 1 n99, by S. DALE EUBANK, hereinafter referred to �s "Owner". WIT NESSETH: WHEREAS, the Owner is the owner of Unit 7A (the "Property"), Chateau Chaumont Apartments, a Condominium, according to the Plat the •=of and the Condominium Dec;araticn therefor recorded in the records of Pitkin County, Colorado; and WHEREAS, the Owner and Chateau Chaumont Condominium Association, Inc. entered into an agreement dated May 13, 1999 (tf ,e "Agreement") regarding the mccsidcn of certain restrictions upon the Property`cr the c.nsideraticn recited in the Agreement; and WHEREAS, the Owner has received the ccnsideraticn sat forth in the Agreement and is willing to memcrialiize the restrictions to be imposed upon the Property. NOW, THEREFORE, for ar,d in consideration of the berefits derived by the Owner pc:r-:I C - to the Agreement, the Owner agrees as follows: 1, R Striction5 Regardinc�Use. The Prcperty shall nct, by deed restriction, contract or any other form of covenant or commitment, be restricted for purchase, sate, use and/or ocvipar;cy for only employee housing, or fcr only resident occupied housing or for only deed restricted employee housing, inc'uding, but not limited to, affordable housing or any other use which may subject the purchase, sale or use of the Property to the control of the Aspen/Pitkin County Housing Authority, or any other governmental agency which has any authority to control or affect the use or occupancy of the Property other than zoning and building code authorities. by way of example only, and not by way of limitation, this covenant shall include a prohibition against executing and/or recording deed restrictions or any other form of covenant against the Property intending to restrict the purchase, sale, use and/or occupancy of the Property to only employee or resident occupied units or otherwise intended to bring the purchase and sale of the Property under the auspices of the Aspen/Pitkin County Housing Authority; or any successor or related entity or the City of Aspen or the County of Pitkin, Colorado. This provision shall not preclude owners of the Property from selling the Property as a free market unit, to employers or others who may desire to lease their units to employees in accordance with the other terms hereof, not shall it preclude the 431120 n3aIiinpr` i or 4 z�.¢e oe.o x a.c rrc:caunrco sale of any unit to an "employee" or prospective "resident occupant". Rather, it only prohibits the creation of a deed restriction of other covenant that would preclude the sale of the Property as a free market unit to any prospective purchaser. 2. No U$e for Mitigation Purposes. No commitment cr use of any nature shall directly or indirectly be made concerning, or of, the Preper;y which satisfies or mitigates any gcvemmental zoning, planning, housing or other requirement applicable to any land, building or portion of a building an}rNhere, or which has the direct or in direct intended or actual effect of increasing the value or sales price cf arty lard, building or portion of a building anywhere. 3 Resi s (a) Not mere than one (1) person per legal bedroom in the Property shall reside in the Property at any time, except for (i) the owner of the Property and his or her family; (ii) bona fide short-term guests ("Rental Guests") who rent the Property through a property management company which charges the owner of the Preper;y a commission of not less than thirty-five percent (35%) of the gross amount Of such rent; (iii) between June 1 and September 1 in each year, not more than two (2) persons per legal bedroom in the Property who each (a) is not directly or indirectly employed en a part-time cr full -:ire basis by or for any proprietorship or business or ncrprofit organization or ether entity, in Pitkin County, al ce outside cf Pitkin County, Colcraco, and (b) maintains his cr her rrinc,pa residence -- Ccicrado, while residing in the Property; and (iv) a single family comprised of a person and his or her spouse and their children. (b) The Propery shall have not more than three (3) bedrooms. 4. a e 'ctio . Each business operated from the Property, ^!I employees, visitors, cu'stcrners, suppliers and others related to such business, and all residents of the Property and their guests and visitors, shall be stric46 tly prohibited from parking any vehicle in any Common Element parking space of the Chateau Chaumont Apartments at any time, except that the owner of the Property and his or her family and Rental Guests may park a vehicle in a Chateau Chaumont Apartments Common Element park'ng space in accordance with Chateau Chaumont Condominium Association, Inc. parking rules in effect from time to time. 5, preservation Q Par 'nct aer eas. The owner of the Property shall not directly cr indirectly (i) seek approval from any governmentalof an zoning, planning, housing or other authority to make any change or alteration y kind whatsoever (a) to any Common Element parking place of the Chateau Chaumont Apartments, in existence on the date of this Deed Restriction, or (b) to the area on th west side of the Chateau Chaumont Apartment building, which on the date of this Dee Restriction is used to store garbage containers which service such building, or (1i) make any such change or alteration with or without the approval of any such authority, an -2- IIIIII IIIII IIIIII IIII IIIII IIIIII111111III IBIII IIII IIII 2 of 4 P 31.00 0 0.00 X 0.08 P�iKIX COuxii CO sale of any unit to an "employee" or prospective "resident occupant". Rather, it only prohibits the c�eaticn of a deed restriction of other covenant that would preclude the sale of the Property as a free market unit to any prospective purchaser. 2. N01 Use fnr Mitigation Purposes. No commitment or use of any nature shall directly or indirectly be made coneeming, or of, the Property which satisfies or mitigates any governmental zoning, planning, rousing or other requirement applicable to any land, building or portion of a building an; There, or which has the direct or indirect intended or actual effect of increasing the value or sales price of any land, building °,r portion of a building anywhere. 3. Sesidential Rest * tinn• (a) Not more than -one (1) person per legal bedroom in the Property shall reside in the Property at any time, except for (i) the owner of the Property and his or her family; (ii) bona fide short-term guests ("Rental Guests") who rent the Property through a property management ccrrpany which charges the owner of the Property a commission of not less than thirty-five percerta�n (M) d September 1 in e of the gross amount of such rent; �ii between June 1 an , year, not more than two (2) persons per legal bedroom in the Property who eac:� (a) is not directly or indirectly employed on a part-time er full-time bases 6y or for any proprietorship or business or nonprofit organizf lion or other entity, in Pitkin County, Colora -:o, and (b) maintains his or her princcpal residence outside of Pitk r, County? Colorado, while residing in the Property; and (iv) a single family comprised of a person and his or her spouse and their chiidrsn. (b) The Property shall have not mcr= than three (3) bedrooms. 4. Parking Restrictions. Each business operated from the Property, a'l employees, visitors, customers, suppliers and others related to such business, and all residents of the Property and their guests and visitors, shall be strictly prohibited fr m parking any vehicle in any Common dement parking space of the Chateau Chaumont Apartments at any time, except that the owner of',h,e Property and his or her family and Rental Guests may park a vehicle in a Chateau Chaumont Apartments Cemmen Element parking space in accordance with Chateau Chaumont Condominium Association, Inc. parking rules in effect from time to time. res 5. P e o a s Co a eas. The owner of the Property shall not directly or indirectly (i) seek approval from any governmental zoning, planning, housing or other authority to make any change or alteration of any kind whatsoever (a) to any Common Element parking place of the Chateau Chaumont Apartments, in existence on the date of this Deed Restriction, or (b) to the area on the p which on the date of this D west side of the Chateau Chaumont Apartment building, Restriction is used to store garbage containers which service such building, or (ii) make any such change or alteration with or without the approval of any such authority, and _2- 111111111111111111111111111111111111111111111111111 IN the expense of removing snow from, and all maintenance of, any window wells, walkways or entrance to the Property on the west side of such building shall be borne by the owner of the Property, and shall not be an expense of the Association. 6. Penalties. The owner of the Property shall be subject to special assessment by Chateau Chaumont Condominium Association, inc. of up to (i) One Hundred Fifty Dollars ($1 Wr-0.00) for each calendar day on which there has occurred any violation of the restrictions set forth in Paragraph 3 above; and (ii) One Hundred Fifty Dollars ($1,5 .00) for each calendar day on which there has occurred any violation of the prohibitic�, against vehic!e parking in the Chateau Chaumont Apartments Common Element parking space as set forth in Paragraph 4 above. 7. Prohibition Against Leaa_t Actions. The owner of the Property shall neither institute nor take any action which causes any person or entity to instiMe any legal or governmental proceeding which concerns the enforceability of the rs strictions set forth herein on the purchase, sale, use and cc. -,up incy of the Property and the owner of the Property shall pay any and all legal and related expenses incurred by any owner of a Chateau Chaumont Apartment and by Chateau Chaumort Condominium Association, Inc., as incurred, in connection with any su. 1 proceeding, and any appeals cf any orders or findings issues in ary such proceeding, regardless of whether such restrictions are found to be enforceable on unenfcrceable. 8. injunctive Rglie. The owner of the Pr..,, -.,eriy agrees that irreparable damage would occur in the event that any of the provisions herec; were not perfcrmed in accordanca with their specific terms or were otherwise breached. It is ac- rdirgiy agreed that Chateau Chaumont Condominium Association, Inc. and any cwrer of a Chateau Chaumont Apartment will be entitled to an injunction or irjune;icns to prevent any breach of any provision hereof and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. 9. Attorneys' Fees. In the event of any litigation or arbitration between the parties arising from the terms of this Agreement, the prevailing party shall be entitled to collect all of its reasonable attorneys' fees, litigation expenses and court costs. 10. Running of Benefits and burdens. Al of the provisions of this instrument, including the benefit and burdens, shall run with the Property and shall be binding upon the successors and assigns of the owner of the Property. 11. SeyerablM. Should any part or parts of these restrictions be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining restrictions set forth herein. 1 3- I���� I'il �J ,� a0/f1i1➢B➢ aa:fAP DMaEs DAVIS sILv1 e 4 x 31. ¢0 p 0.00 x 0.00 PITk(N coUMiY CO 12. pamgraQh Headinas. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the restrictions contained herein.. IN WITNESS WHEREOF, the undersigned Owner has hereto set his hand and seal on the day and year first above written. n .-I _.-Z7 STATE OF COLORADO } )Ss. C OU NTYS-IF P1TKl N ) N foregoing instrument was acknowledged before me this 13th day of �;�Q;,, 1 gg9, by' � Dale Eubank. s Wi MESS my hand and official seal. \ °9 My corrAission expires: zo 61 Notary Public 111111111111111111-111111111111111111111111111111111 IN i .r 4 rt x.ae o e.ea x e.e¢ rrnax courtr CO -00Wpc0ocs 04NM1sm1 152 CHATEAU CHAUMONT CONDOMINIUM ASSOCIATION, INC. C/O COATES REID & WALDRON 720 East Hyman Avenue Aspen, Colorado 81611 May 13, 1999 B. Dale Eubank 533 East Hopkins Avenue Aspen, Colorado 81611 Re: Chateau Chaumont Unit 7A Dear Mr. Eubank: The Board of Directors of Chateau Chaumont Condominium Association has reviewed your January 4, 1998[9] letter concerning your request to move the entrance door to Unit 7A to the exterior stairwell to the garage, and to seal the existing door inside the garage. The Board, and members of the Association generally, are concerned that the quality of life of building occupants would be changed adversely if any Unit in the building is occupied by the maximum number of people who would be permitted to live in the Unit on a continuous basis if it became subject to the control of the Aspen/Pitkin County Housing Authority. Concerns about potential conversions of Units 22, 22A and 23 to controlled housing caused the Association to obtain from the owners of those Units, Deed Restrictions which benefit all owners of other Units in the Building, in consideration for economic benefits provided to such Owners by the Association through its purchase of Units 22 and 22A. The Board has similar concerns about the potential conversion to controlled housing of Unit 7A if it is used for residential purposes, because Unit 7A is the largest unit in the building, and it is likely to be valued at the lowest square foot price because of its limited exterior light and view —those factors combine to make Unit 7A economically feasible for controlled housing. Moving the Unit 7A entrance door to the exterior stairwell to the garage, and sealing the existing door inside the garage, could facilitate such use. The Board is thus unwilling to permit the Unit 7A entrance door to be moved to the exterior stairwell except in consideration for a Deed Restriction restricting the use of Unit 7A to the same extent as the residential use of Units 22, 22A and 23 is restricted. The Board has reviewed the installation of the pedestrian door into the garage from Durant Street in 1992-93. At that time, you and Chip Bishop were the owners of Unit 7A and asked the Board for approval to install the new pedestrian door to enhance access to Unit 7A in which you conducted your accounting business. You May 13, 1999 Page 2 and Mr. Bishop asked the Association to pay half of the estimated cost to install the door, and the Board agreed to do so —you and Mr. Bishop estimated the cost of the door to be $4,000, so the Board agreed that the Association would pay $2,000 of such costs. When informed that the actual cost of the door was $7,346, the Board approved the Association paying an additional $1,000-150% of the amount it had originally agreed to pay. Enclosed for your review are copies of the following terms concerning the door: 1. Undated estimate of $4,456 from Professional House Care to install the new door for Eubank/Bishop- 2. Excerpt from the minutes of the April 12, 1992 Chateau Chaumont Annual Meeting approving the payment of $2,000 of the costs of the new door. 3. January 18, 1993 letter from Eubank & Bishop to Coates, Reid & Waldron stating that the Association had agreed to pay $2,500 of the costs of the new door, with the Summary of Actual ($7,346) and Budget ($5,956) Charges for the "Exterior Entrance at Eubank & Bishop". 4. February 4, 1993 letter from Coates, Reid & Waldron to Eubank & Bishop concerning the new door, with a copy of the excerpt of the minutes of the April 12, 1992 meeting referred to in paragraph 2, above. 5. March 2, 1993 letter from Coates, Reid & Waldron to Eubank & Bishop, with a copy of the Association check for $1,000 payable to Eubank & Bishop. 6. Excerpt from the minutes of the April 5, 1993, Chateau Chaumont Annual Owner's Meeting recommending a total payment by the Association of $3, 000 of the cost of the new door. Copy 7. Co of the unanimous written consent of the Association Board of Directors ratifying the payment of $3,000 to Eubank & Bishop for costs of the new door. The Board has reviewed your request that the Association reimburse you for an additional portion of the costs of that garage pedestrian door, and for approval of your request to relocate the entrance door to Unit 7A. Accordingly, the Board agrees that, upon receipt by it of a Deed ed Restriction which has been duly executed by the record owner of Unit 7A, notarized, and is in the form attached to this letter, the Association shall: 1. Permit you to install at your sole cost (i) window well. emergency exits from Unit 7A on the west side of the building (but not on the south side of the building), (ii) an outside pedestrian entrance to Unit 7A on the west side of May 13, 1999 Page 3 the building, (iii) one (1) fixed or double hung window (which shall not be openable into the garage) in the north wall of Unit 7A looking into the garage, at a location approved by the Association President, (iv) two (2) bathrooms and one (1) kitchen, (v) one (1) fixed or double hung window (which shall not be openable into the stairwell) in the east wall of Unit 7A looking into the exterior stairwell into the garage, at a location approved by the Association President, and (vi) a new exterior entrance door to Unit 7A at the lowest level of the exterior stairwell to the garage, to open into Unit 7A and not swing into the stairwell, if you (a) remove, fill in and seal off the existing Unit 7A entrance door in the garage, at your sole cost, (b) remove and replace the existing door from the stairwell into the garage so that it opens into the garage and is hinged on the opposite (east) side of the door jamb from its current hinged side, at your sole cost, (c) paint all disturbed surfaces to match surfaces adjacent to the disturbed surfaces, at your sole cost, (d) perform all such work in compliance with ail building codes, ordinances and other laws, and complete all such work within a reasonable time after it is begun, and (e) indemnify the Association and its agents, Directors and Officers for any expenses incurred with respect to any liens of materialmen, mechanics or contractors as a result of any of such work. 2. Pay to you $1,000 upon receipt of the ,Deed Restriction duly executed and notarized. 3. Appear at the May 13, 1999 hearing, and, on reasonable notice, subsequent hearings concerning your request for a variance from the density requirements of the L-T-or R zone district in Case #99-3 before the City of Aspen Board of Adjustment, or other regulatory authorities, to support such request other request to permit Unit 7A to be used as a residence in accordance with all applicable laws and restrictions. if you agree to the foregoing, please sign and return to Peter Wolford, of Association president, or John French at Coates, Reid & Waldron, the enclosed copy this letter agreement and the duly executed and notarized Deed Restriction prior to 4:00 p.m. on May 13, 1999, and he will issue an Association check payable to you in the amount of $1,000. Very truly yours, Chateawd;9u,mont Condominium Association, Inc. ". president ::ODMA\PCDOCS\CHICAG04\863184\1