HomeMy WebLinkAboutpitkin.boa.73.16'~PPBA~ TG 3bA2~ OF AD~LS~n'I` ;
County of Pitkih
Da`e August 17, l; 73 Case 7 ~~ 1
OMZ Corpor;tioa~ Address ~nneaPbi~so,4eN[ies~t~CC 55403
Appeiiant
Cwner Arbeiterdor£ of Snowmass Address Same
iocatio_: of Property Left o£ Brush Creek Road, Above Conoco (As shown on Plot
Plan Attached.)
(Attached)
Any pertinent data muse acco:..pany this application, and will be n;de a part of this
Case :10.
T:.e 3oard will raturr. L-his apoiication if it does not contain all t'r,e facts in question.
Description of proposed exce.tian showing ustificaton:
All Abutting property owned by Snowmass.
Signd•
?rovisious of- the zo:iing reso'_utior. squiring the 3uilding Inspector to forward this
appllCatlOn t0 the DOaru Of Ad~llStment. and -LeaSOn fOY nOt gl'anting a Ollllding pe-_cnit.
Date re;;ected:
Dacision: ~ (1,.1.t,'~--e_~
:~lppllca tl Oil fil@d
Date : ~%(z-8
~a- -
:iai
Secretary
~ 11~ I~J~r1~ 7111~~~'
Box E
Aspen, Colorado
PROOF OF PUBLICATION
STATE OF COLOI~AI]O )
as.
County of Pitkin D
1, .. Janet,._Landry._............_._ do solemnly swear uat
I am rthe BUSSTI@SS ,M 8212 ~6 Z' of THE ASPEN TIMES;
that the same is a Weekly newspaper printed, in whole or trl part,
and published in the County of Pitkin, St2.£e of Colorado, and has `
a general circulation thereto; that satd newspaper liar 'been pub--
lished continuously and umterruptediy in sold Cousi'ty of P1tkt`n;
for a period of more bhan fifty-two consecutive weeks next prior
to the fh~at publfeati`on of ttie annexed legal notice nor advertise-
ment; that said newspaper has (been admit£ed to the United States
mails ~as second-class matter under trie provisions of the Act of
March 3, SS79, or any amendments thereof, and that said news-
paper is a weekly he~wspaper dal
y qualified for publishing legal ~~
notices and advertisements ~w1th t3ie meaning of the laws of the
State aF Colorado.
That the annexed legaIl~ notice or advertisement was published
in :the regular and entire issue of every number of said weekly
newspapers for the period of _..-.._1_....... consecutive insertions; and
that the first publication aP said notice was im the issue of saSd
newspaper dated .._A .up,~US.fe._.z ~...._..... A. ~D., 19 7.3... and that
the last ,publication of said notice was 'in .the issue of said news-
paper dated ..........._ ............................... A. D., 19....'...
~Subscrlbed and sworn to ~befo me, a notary pvi((bl~~tc to d foa~
t/he County o+f Pitkin, 'State of C^^7alorado, this ..._~.1.........,. day of
.`•..~~d( ...............:... A. U., 191....
Notary Public
i ~~~`/7~
My commfssion expires ...... :~:~~.1it~~~~ cx
..........................
Copy of Notice
public notice
'IficPe will be a mceting of the Pitkin Gnunfy
Rnard of Adjustment nn August 28. 1973 a15: I5
PM in the Pitkin County Cnmmrssinners
It!nm in the Pitkin Countyty Courtfiouse, Aspen,
Colorado to hear the tnllmvtng request
McCullough-Request for Variance
' heap- Ft asst [or Variance ~~ I
ShecMer~ign Request
Arnellerdnrf M Snnwmass-Setback ~ ~,~~
rtii persons affected by the proposed
variances areinvited In aocear and state thou I
state ,your views by letter
you have nbjrctian In
Ure Rnard of Adjustmer
consideration in the noini
in
nr
William Mason. Chairmnh
Pitkin Cnunfy BoardMAdjustment
Published in the Aspen 15mes August 23, 1873
i..- ~~ " S ~ '~ti
._
O. M. Z. CORPORATION
CONTRACTORS / DEVELOPERS
August 17, 1873
Mass Patsy P~ewberry
Assistant Building Inspector
Pitkin County
Aspen,. Colorado 81611
Re:. Arbeiterdorf of Snowmass
Dear Miss PTewberry:
.:.~
Enclosed fiaxd a check for X10.00 to cover the cost of the appeal for
variations in the setback ordinance.
1~Ve again. request a variance in. the setback ordinance as per the copy
of the attached letter dated July l2, 1971. The setback variance was
approved in July 1971, however, as we were not able to build at that
time, the variance has expired.
Sincerely yours,
eonard 4'd. Anderson.
Execrative Vice President
LWA:mc
Attach.
cc: Mr. Peter TJei?uth
430 OAK GROVE • MINNEAPOLIS. MINN. 55403 0 (612) 332-1510
a ~,~,
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JULY 12, 1971
EXHIBIT "A" Case 71-19
,'~
PATSY NEWBERRV
BUILDING INSPECTOR`S SECRETARY
;;; PITKIN COUNTY
ASPEN, COLORADO 81611
E J D L I K
iAR MALA
iYSELL
v1ACKENZI E
)ELAPP
INC
ARCHITECTS
DEAR MISS NEWBERRY:
ENCLOSED FIND A CHECK FOR $10.00 TO COVER THE C057 OF THE APPEAL FOR
VARIATIONS IN THE SET BACKOFiD INANCE. THE NEW SETBACK ORDINANCE WOULD
REgUSRE 140 FEET FROM THE CENTER LINE OF THE ROAD TO THE BUILDING LINE.
?HIS NO ULD PUT ALL BUT ONE OF OUR EXISTING UNITS IN NON-COMPLIANCE.
WE PROPOSE THAT WE BUILD ALL FUTURE BUILDINGS WITHIN THE LINE ESTABLISHED
6Y THE EXISTING BUILDINGS WITH ONE EXCEPTION. THIS BUILDING IS MARKED
IN RED ON THE DRAW [NG. WE FEEL. THAT THE LOCATION,OF THIS BUILDING IS
VITAL TO THE CONCEPT THAT EACH OF THE ESTABLISHED COURTS BETWEEN
BUILDINGS BE CONFINED BY BUILDINGS AND NOT LEFT EXPOSED TO THE ROAD AS
THE COURTIN qU ESTION WOULD BE UNDER THE NEW SETBACK REgU IREMENTS.
WE PROPOSE TO BUILD NINE MORE BUILDINGS WITH THREE APARTMENTS IN EACH
BUILDING. THE UPPER TWO FLOORS WILL HAVE 2 BEDROOM APARTMENTS, WHILE
THE LOW ER W ILL HAVE A 1 BEDROOM APARTMENT.
A HEIGHT RESTRICTION, AS WE SEE IT ,. MAY CAUSE SOME HARDSHIP; 1 REgU EST
THAT WE BE GIVEN SOME LEEWAY ON THIS RESTRICTION IN ORDEg TO REMAIN
CONSISTENT WITH THE ORIGINAL CONCEPT OF THIS PROJECT. WE WOULD 6E WILLING
TO DISCUSS THIS AT FURTHER LENGTH AND MAYBE BY A COMBINATION OF LOWERING
THE BUILDINGS AND SLIGHT DESIGN CHANGES, WE CAN COME CLOSER TO YOUR RED
QUIREM ENTS. HOWEVER, 1 DO NOT FEEL WE COULD TOTALLY MEET THE HEIGHT
RESTRICTION. 1 WOULD LIKE TO POINT OUT THAT THE HEIGHT VARIATION ALWAYS
OCCURS ON THE INTERIOR COURTS BETWEEN BUILDINGS.
THE SITE PLAN ENCLOSED WITH THIS TRANSMITTAL REFLECTS THE CHANGES SUGGESTED
BY MR. DEMUTH AND OUTDATE THE PLANS WHICH WERE SENT TO HIM LAST WEEK.
S~I N1C E_REnLY YOURS,
~`T~ ~•
RICHARD F. EJ~
CC: MR. PETER DEMUTH
MW
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TO ALL PRO?Ei2TY C''<ii~i.'.;S AFI~ r C'.E> BS' TIIE REQUESTED ZONING OR USE VARL4\CE
DESCRIBED uET_.G:'i:
Pursu:;:c to Pi'tkin Cou:it9 7.oaing R solution of June 5, 1955, as
a;nerdcd, ~ PnhiiC it~ari~:, w;.;1 ~;: !field in the County Commissioners' Room,
Pitkin Count; ~oart mouse, ;.coon; Colorado, (or at :,uch other place as the
meet ng r=.aY t-h:=a '~,c ad„oa-_ned) to consider ~an application filed with the
said Board of :.c:icr.t:,:eat cucsti.ng authority fo-r variance from the
pr,cvisic;~; of =.... Cc,nuy!".o.:~-.~ 3esolutica.
A! i rF:i...,. .. L.. ... ~i]d `j ~;1~ Y~'"O:O~^cG Var1d. 4~..
"co ^'-~ tnviced to appear
a,;a stc=.. ~ v ~,,, o ..,..; c- o;;jcctio*.~. If you cu: not appear per:~nally
aL each :.r::e_LP.;,; cr.~nr. you .~~,. v ::d 'to state your vi.-aws by ictter, parti,cu-
.arly if ycn r:cv; .,Sj~:ct:ic:,. co ::ucl-. variance, as tha Board of Adjustment
a:iil give ~4_i.o~; _,,,.,,i.deraci.on to ti:e opin.icns cf surrounding property
OGfIIaru end Ot,"..._4 .,.: CC tf.d ii: dCC iG 1.:g wh.°.t!'l.^~..~ t0 ~"'dnt OY dC'n
~, o-' y the request
fOr Vari8nCe3. ~
The ~cicu_r:rs ct the ',?caring and of the requested variance are
4v foiloo,~:;:
:l~LC: <.,.4 L1.^7'~ O. .i.l:O..ing Au USt Z8 ~
g , 19 73 at 5:15 o clock P I1.
,
.~ca:c and .:d:.~e.ss of [lpplicant for Variarco.
OMZ Corporation-430 Oak Grove, Suite. 400, Minneapolis, Minnesota
Location cf Property or Description:
Left of Brusfi Creek Roadm above Conoco
Duration cf Vtrianca
Condiz`_cns
Setback variance
Permanent x Temporary
COU~`TY
Ci:airn,r.
ADJUSTNEiVT
.~ ~~
6~~.~s:~~'~ ~a~ ~~~~~ ~~~~~~~ 130 ~_~~v~s
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BOARD OF 'ADJUSTMENT July 27, 1971
PRESENT WERE: Eenry Stein, Mr. Parker, Mr. i~^.ason, Jim Markalunas.
Case 71-i8 Snowaass Qr::erican Corporation
Setback of 40 ft. along the Owl G:'eek road, tourist zoned tract. 100ft.
is 'required by the new county regulations by the owl creek road, plans
were drawr. under the old setback existing buildings in the area are closer
related, the building is on the do;an hill side will be limited to two
story buildings, a:^e you all familiar where that is? The Owl Creek is be-
ing moved, they are puting the new one uo higher and keeping it in the same
spot, tae Old Owl Creek road will be moved more to the'south more and the
buildings frost there.
This Owl Creek is being cut to about here with the whole area being roughed
in about a year ago.
What's with the old road bed, will it be attached or will it }~e used':
Bill: They will be using it. The o7.d one will be a secondary road. Jim
would you like to explain the project so the members will know what we are
talking about.
Jim :Woods: This is kind of a new concept in this area it has been done before '
in other states but I don't think it ..".as been done here. Condominium land
concept over circle, they a-re given a point and certair. ft. in diameter,
in order to build the, building in, We have four-plex points set out or
cylindars or duplex and single fzmily and these buildings are all pre-designed
the exterior is pretty rigid as to aow these will look on the outside, o~ece
they get in side they can do whatever they want to, its ;just like a condmminium
only exce;~t they would build their own unit, a developer or contractor would
come in and buy a cluster build them or. speculation if they wanted to.
Bi11: There aren't going to be any special basis, not like a regular condo-
minium, ir. other words this is space 1 and then if 3 wanted to come in and
buy a lot hers arcs start here, Marv could buy over `Hare.
Ji'm: Tl.at`s night, this is phaae 1, utilities will be supplied to the circle,
and the owner can have a contract to have someone do it for him..On this lot
ary tune tie gets ready.
S~<:in: Are they structnrized, a-re the same design as the (the guy next to
yv -s)
J ~: Yes, y:,u see lap siding.
Stein: In fact the tract of land is for the purpose, is found, not teepees.
Jim: Rectangular, clusters of retangles, the four-plax might be series of
8 of these -retargles as varying levels, even the corridor filled for them,
you have choices of colors, for them.
Stein: What I'm getting at is this, have these a certain pre-fab or an assemble
job?
Jim: They can be, we're not specifying they must be, you go ou.t there and
start with the studs.
Stein: What I'm getting at is the whether the siding is of box cars and we're...
Ji ~: Iti~irk it is a very rice design it was done by ^eorge ".eneghan ::ere,
they can make certain variations to ti, but trey are l::nited, the idea is the
to make it appear as a unit.
Stein: It sounds like a very ir.::erestiag job and if $.t is done proper'.-y,it
is a very gooduse of the land. what happens to the land i.: between this circle:?
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BOARD OF ADJUSTriENT July 27, 1971
PRESEATT WERE: Henry Steir., Mr. Parker, Mr. Mason, Jim Markalunas.
Case 71-18 Snowaass American. Corporation
Setbac'x of 40 ft. along the Owl Creek road, tourist zoned tract. 100ft.
is required by the new county regulations by the owl creek road, plans
were drawn un3e-r the_o1d setback existing buildings in the area are clos¢
related, the building is on the down hill side will be limited to two
story buildings, a-e you all familiar where that is? The Owl. Creek is be-
ing moved, they are puting the new one up higher and t~eepng it in the same
spot, the Old Owl Creek road will be moved more to the south more,and the
buildings from there.
This Owl Creek is being cut to about here with the whole area being roughed
in about a year ado.
What's with the old load bed, will it be attached or will it lne used':
Bill: They will be using it. The old one will be a secorc~ary road. Jim
would you like to esniain the project so the members will know what We are
talking about.
Jim :Woods: This is kind of a nec~ concept in this area it has been dcne before
in other states but I don't tFi~1: it has been cone here. Condominium land
concept over a circle, they are given a point and ce-ria;.n ft. in diameter,
in order to build the building in, rn°e have four-plex points set out or
cylinders or duoiex and single family and these buildings are all pre-designed
the exterior is pretty rigid as t.o how these will look on the outside, once
they get in side they czn do whatever they want to, its .just like'a condominium
only except they would build their own unit, a developer or contractor tixauld
come in and bay a cluster build I:hem or. speculation if they wanted to.
Bi11: There area°t going to b2 any special basis, not like a regular condo-
minium, in other ~aores ti;is is space 1 and then if I wanted to come ir. and
buy a lot 'ne:c2 and start here, Marv coulc buy over here.
Ji•m: That`:, -right, this is phase i, utilities will be supplied to the circle,
and the owner can have a cont-rati, to have someone do it for him..On t'ris lot
ary time 'ne gei-s ready.
S~c:in: A-re they structurized, are the same design as the (the guy next to
y~ .:5 ),
J ~:: Yes, y:u see 1<:p siding.
Stein: In fact the tract of la^.d is for. the purpose, is found, not teepees.
Jim: Rectangular, clusters of retangles, the four-plex might be series of
8 of these retangies as varying levels, even the corridor filled for them,
you have choices of colors, for them.
Stein: What I°m getting at is this, have these a certain pre-fab or an assemble
job?
Jim: They can be, we're. not sper_ifying they must be, you go cut there and
start with the studs.
Steins What I'm getting at is the whether the siding is of box cars and we're...
Jirr. I think it is 2 very nice design i.t was done by ,^,^orge i?eneghan :.::re,
they car. make certain variations to ti, but they a-re ~mited, the idea is the
to make it appear as a unit.
Stein: It sounds like a very interesting job and if iC is dune properly,it
is a very good use o`_ the land. What happens to the land i;: between this circle?
-- -
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PAGE '2
BOARD OF ADJUSTN~TT
JULY :'2', 1971
Jim: T:ey buy an undivided co*:7no:: interest just like in a condominium and
once they Mild, the p0'rt10n out side of their house becomes part of the
common area also and is treated end acted for just like the rest of it.
If you buy a duplex lot and you want to build one unit and maybe two years
from now, ycu i~.igF.e o:ant to build on it then, that's fine. But onew
you con;p~ete it, the outside becomes a part of the comoon area, we give them
some areas where they acn fence a little side hard, we tell them where it
has to bc.
You have to keep control, we tail. them how the building,ehould be oriented
They ara ?-retry will tied docan,
Bill: T:ese ones with the X, they aren't goin bo be p;;t in.
Stein: What is the unit approxicately':
Jim: T`at's up to tl-:e individual I would say any where up to 12 ft. up
stein: No I=a rot talking about the struc*_ure, the land use.
Jim:, If he buy s a certain land is t'ae cylinder, thats a 60' diameter there
t%at's 45 and 75, a four Alex o~il.l set on a 75 unit.
Stein: `How will that related to that say 15,000 s~. ft.
60 feet will be 9q0 times 3 would. be 27C0 sq. ft.
Jim:Wood: I think we come out with 3z units per acre. Which is a pretty
good acre out of 43, that°s not roo much, theyr'e 60 ft. diameter, I don't
know wizat.
One reason we are doing this is so we can cluster a~.d leave aress what we
should like undisturbed, we have a rice clump of tre:~s in here and one lie-re
we have a marshy spot here, we think it will dry up but to play it safe,
we left it open, to give it cluster affair.
Bill: 'ivas this map shown to the members of '&Z?
Yes, t is particular map wasshc~n tc the CountyCor:.missioaers at time we
asY.ed for realignment of the Owl Creak road.
Bill: were these?
Hal: Technically this is not a subdivision, it mill rot go through i$'s
just becoming with permits, tourist zoned, I think it°s a good use of the
land, I agree with ~}ou, its concept,
Yes:
Bill: I haven't for the imagination to figure it out.
Hal: when. I first heard about it, I w~-at over and tried to buy some of these
lots.
Jim: We have 23 ;.dvance payments.
Hal: My ccmplainc is that that' wren°t filing as a subdivision, its rot be-
cause the land has not been sold I tick, in actual. in creating an neural sub-
division and so t et re;oves certain cont-ro-_s from the county.
It is a condcmiriam concept, a"~l 'and belonged tb cer.~ral organization.
PER SQUARE FOOT OF UNITPER MONTH FOR NEXT
~3
- rnEt'.K [L 9. p. fi ~. CO.
PAGE 3 BOARD OE ADJUSTi^.ENT 3L;LY 27, 1971
Hal: I want to comn;er.t, I know w? are taking them oif because of the exit,
you were going to redo the man and put them in different plases.
Jim: I thought we might be able to }pick up one or two of these and rearr-
ange them.'
Bill: You can put them any place you wnat, as long as the setback is right.
Is the setlaack to scale, 40 feet to this building, or ~s that just drawn on
there?
Jim: It°s 40 s'eet to the middle of the dircle, T:doubt that they would ever
get to that point.
Bill: The other ores are ail 40 feet anyway, this ore might be 50 by the
-road, so 100 is regulatbn. with the new changeing.
r
Hal: I want to make a comment, I'm curren'ay writing score changes for that,
that We°Ye gci.g t0 talk ai70llt tomorrows, t. e regUlati.OnS dCeSn't Separate
single dwellings from the s2bac~c, the old: regulation from the highway was
200 feet for intensive ase, and 75 feet fc"c dT.aellings, we make this for the
records a quote the county Orad system, Owl Creek rozd, arterial 'r.ighways
Highway 82 and Brush Creek road junction cn a 100 feet setbacks, talks aobut
iC0 feet and 25 for dwellings; continually talks shout 100 feet throughout
the master piai:. 'I think we are going to descuss this tomorrow at P&Z about
t.".e changes cailling to ma'.ce unicss its 100 feet off the right-of-taay.
Bi11: 40 feet fror., the setback and we know iL- son't do any thing more than
a 40 foot road there, on the right-of-way. You'll have a 40 foot road the
main tl-:irg is we area';: sitting cn the road,
Jim Woods: plus there going to be on the down side cf the hill and two stories.
iii 11: ir~ain L-hing is possible purchaser, they would "know where it crould be in
relationship of road.
Hal: Z°d be against putirg in tt:is post, frankly, I can say that, but I
would be in favor cf ,cling in lines.
Bill: I can't imagine, this with area lI single family dwellings.
Jim: The parking area for these units are over along this drive.
Eiil: I can't imagine ti:e caunty sticking to the 80 foot rsad, I°d at least
think t'ney would go for 100 foci.
The old rca3 wasn't 100 foot, but they can make the new ore a little widc-r,
Jim: Think they are 100 to 82 to out complex to east village for inssancc
in...
Bill: I entertia n a motion to grant cr deny this variance, seeing there are
no more question.
Jim Yarkaiunas: The o::es X'd out will be taken out, is that right?
Yes.
The motion should be actually say the ones shown on the plat prese~•aed to the
board shown. with the -rid X's not to be constructed.
On this some of this road 'Here, you see t'rat ir. c:,.., a of nowhere there
is parking, but there is none cul 'de sac 'or anyti;ing~Ifor like a fire truck.
Jim Woods: I should have brought the whole thing in here, there are 2 than.
will follow this, this is the Owl Creek road, this caiA1 ho into unc;t 7, n~:~ is
§'s`.~'~Lp~~
~,- Patsy '~~iscabury -
racordir_a secreta-ty
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Page 4 BOARD OF ADJUST::=ANT
_.,".
aim T4arkaiuna.s made a motion thGt the variarce,be granted for ~ mini~a-n
setback of ~C feet for L-he single'family dwellings as noted on the plat.
Motion Baas seconded by Harry Stein.
Ali in favor. Variance GrantEd.
P.R~II;TEP.DOR1 OF SNOT.?D"1?SS 71-7.9 ~
Variance r2gv.est vaas read by Mr. M:asoz
A height rest-rict~cn, zs we see it, inay cause some hardship; I request that
we be given some leeway on th.:.s -restriction in order to re:nar consistent..
with the original conccp`o o`_ this project we would be w~ling to discuss
this further and maybe by co~biration of ~oorer~ng buildings and slight design
chances we can cor~e~ closer ~o your 'LegiiireYlents.
T'ne ;:eca setback -raauiremert would require 14v feet prom the
Canterilne cf ti7e rGdd t0 ti"!G bu]:iC!ing llne,. t'ili5 4VOUid put all 'shut Orie
of our exis'ung~ldirgs in non-complian~a. Gee propose t1:aL- we bkild all
fuu;re buildi_ng's wit'rin t,~ pine es ua ished'y eazsting buildins with
one exception. This builaa~.g is ~ta .t.,o. in red on ~he srawirg. 47e feel that
- - •~ '~o the co:~ce t that each o~ the
the locat_o~ of t.~s bu_~a~.r, zs ~~~aY P
established courts between cuildings be con~ined by buildings and not left
.. e coi.it in au~stion wound pe Under the new.
es:posed to the roue as '~'r. ~ ^ _" ' ~ ::
setback requireient.
Jim Markaluras suages'ced trees co~aid bc- planted. He felt the zrea was
bare looking.
Hal Clark: I agree this is a 5ocd idea.
Ji,'a N.arka~unas: I feel the setbacks were establishes by the existing
:,wilding s .
Dick Parker: I do not feet tre one closest to the rota should be allowed.
Mr Clark: B.iildincs ]:,~,3,~ zs sliowsi or. this plat are er;sung.
Hal Ciar;c: `'.~'OUId be lra fever Cf yOU:C ,;::antlnCJ tl:e varyancc but feel trees
shouldbe plsnted.
Bill Mason: I ert~rtain a n',oLion to either grant or deny the variance on
height and setback.
Diclc Par;cer: Lets to?re se',:bac'.cs first, I make motion 'chat a variance be
arante3 wit'r. sti~u:.aticr ~hac 'aLilding 5 be ueletec. azd that no future
buildings extend closer to che_road than present buildings. -
Motion was seconded by Herry Steir.. Ail.. in fav~'. Variance for setback
granted as stated.
Jim Markalunas: Move that y~ariance be granted not to excEe3 28 feet in
'refight and that architecture confor-n wish xist ngauildings.
Motion was seconded by Dick Parker. AlI in §avor. Height variance gr«nted.
Hearing adjourned. ~ ~..
Respectfully submitted,
Patsy Newbury
recording secretary
. €~~~ LX L: 16 <Y
i
LL, ,w
OUTLINE OF LEASE TERMS '
LESSOR; SNOW MASS AMERICAN CORPORATION
LESSEES: RICHARD F ZEJDLIK, DAVID W. ZEMKE, ROGER C. ZEJDLIK,
GALEN OLSdN AND .iIbHN T, MUN RO, JOINTLY AND SEVERALLY
i
,TERM; THIRTY YEARS FROM JUNE 1 , 1972 i
OPTIONS TO RENEW; TWO TEN-YEAR'EXTENSIONS ON SAME TERMS-AND CONDITIONS ~~`
LEASED PREMISES: APPROXIMATELY ACRES, INCLUDING SITE PRESENTLY '
LEASED. EASEMENTS TO BERE5ERVED FOR USE OF ROADS, ~~ '
BRIDGES, STAIRS, PATHS; UT'ILITIES~-ET$'. '"~ "`-'" ~"~' ~`~
GROUND RENTAL RATE; (1) NO MINIMUM Rr:NY.
(2) PERCENTAGE RENT PAYABLE 4UARTERLY.
(3) PERCENTAGE RENT:' ~ -~` .~ ~'
(A) 2~%OF MONTHLY GROSS RENTAL INCOME IFUNI7
IS LEASED TO AND OCCUPIED 6YONE OR MORE
AREA EMPLOYEES DURING ANY PORTION OFTHE
MONTH UNTIL MAY 31 , 1977.
(B) S~ OF PARAGRAPH (A} UNTIL COMPLETION OF LEASE
aFTCR MAY 31 , 1977.
(C) 25°o OF MONTHLY GROSS. RENTAL INCOME IFUNIT IS '
' NOT LEASED TO AND OCCUPIED BY ONE OR MORE AREA '
EMPLOYEES DU RING THEMdNTH: ~ '"
(4} AREA EMPLOYEES DEFiNEDAS~7H055 EMPLOYED DURING THE
MONTH [N SNOW MASS OR ANYWHERE IN PITKIN COUNTY.
EMPLOYMENT MUST BE VERIFIED BY FHA VERIFICATION
FORMS ACCOMPANYING EACH QUARTERLY RENTAL PP:yMENT:
MAXIMUM AND MINIMUM-UNIT RENTAL RATES:
(
(1) FURNISHED UNITS:
..
i
(A} AREA EMPLOYEES: MPJC I7v(UM SOG PER SQUARE FOOT
OF UNIT PER MONTH FOR FIRST 300 SQUARE FEET; 30C
PER SQUARE FOOT OF UNIT PER MONTH Fb RNEXT ''
$OO SQUARE FEET; AND ZS(` PER SQUARE FOOT OF UNIT
i ~ PER MONTH FOR ALL SOUP:R~ FOOTAGE OV ER 600.
(B) NON-AREA EMPLOYEES: MINIMUM OF 5°o ABOVE THE
AV ERAGEPER-SOU:4RE-FOOT SEASONAL RENTS CHARGED-
, FOR CONDOMINIUM SPACE IN WEST VILLAGE.
(2) UNFU RNFSH ED UNITS:
_ (A} AREA EMPLOYEES: MAXIMUM ATSC PER SQUARE FOOT
OF UNIT SPACE LESS THAN MAXIMU`M5~SP ECI"Fl ED IN ~
(1) (A) ABOVE.
(B) NON-AREA EMPLOYEES: SAME AS (9) (B} ABOVE.
I
~ r-:. ., i». .._.r-wx--G"l"b'ir~^!".'^`.wsfiYn e.y re'"havt9%•"wy^~YN..n ii
,,.r -2-
° .aa _... . , ,, ... .,. ...K N , .= 4 . ~,
(3) MAXIMUM UHI7 RENTAL RATES SPECIFIED IN (1) ~A~ AND (2)
~A~ ABOVE MAY BE RAISED AT THE END OF EACH TWO YEARS
DURING THE LEASE TERM IN AN AMOUNT ADEgUATE TOCOV ER
INCREASES, IF ANY, IN LESSEES'i DIRECT:COS75 OF MAINTENANCE,
UTiL (TIES, PROPERTY TAXES, INSURANCE PREMpUMS AND
INANAGF.M ENT COSTS., SUBJEC7T6 LIM I7ATIONS iMP05 ED BY
BE RAISED,. _.. i..
LAW. ALL DIRECT COSTS MENTIONED ABOVE MAY„
105%.
WEST VILLAGE AS OF EACH NOVEMBER 15, ALL UNITS OR SPACES WITHIN
TENANCE PREFERENCES: UNITS;NO7 THEN UNDER LEASE TO._A REA EMPLOYEES FOR A
TERM_)=XTENDING AT LEAST TO APRIL 15 OF THE FOLLOWING
YEAR MUST BE OFFERED TO AREA EMPLOYEES BY NOTIFICATION,,.,,.
TO WEST VILLAGE ASSOCIAYION, YOU MUST LEASE, AT GOING'
RATES-, TOALL AREA EMPLOYEES WHO, BY DECEMBER 15,
OFFER TO LEASE FROM YOU FOR A PERIOD OF 4 MONTHS O, i
..: ~ . R
LONGER, UNITS OR SPACE NOT SO LEASED BY DECEMBER 15
~
MAY BE LEASED BY YOU TO WHOMEVER YOUW I5H.
''
OPTION TO'PU RCHASE (1) SNOW MA55 SHALL HAVE AN OPTION TO PURCHASE 9MP ROVEM ENYS
IMPROVEMENTS: PLACED BY YOU ON THE LEASED PREMISEB, AT THE END OF THE
TERM OF THE LEASE OR AT THE END OF THE EXTENDED TERM '
IF RENEWAL OPTIONS ARE EXERCISED, PURCHASE PRICE AT TH$
THEN APPRF.ISED FAIR MARKET VALUE OF THE IMPROVEMENTS.
(2) IF OPTION NOT EXERCISED,. LESSEES AGREE TO REMOVE
IMPROVEMENTS AND RESTORE 7HS SITE. ',
(3) IMPROVEMENTS REVERT TO SNOW MASS IN THE EVENT OF
TERMINATION OF THE LEASE BECAUSE OF DEFAULT BY
L ESSEF.5, SUBJECT TO ANY AYTORNEY~AGREEMENT BETW E,EN
SNOWIdASS AND YOUR LENDER. ~ ~ '
OPTION TO PURCHASE LAND:
LESSEES SHALL HAVE AN OPTION TO PURCHASE THE LAND', ~'~
EX ERCISABLEAT ANY TIME SNOW MASS ELECTS TO SELL IT,
FOR A PRICE OF $3.50 TIMES THE NUMBER OF SQUARE FEET ',
OF iNTER10RRENTAL SPACE fN~BUiLDiNGS OF LESSEES ON THE '
PREMISES AT THE T[ME OF EX ERCTSiNG THE OPTION. THIRTY- ~'
DAYNOTICETO LESSEES. OPTIONWAIV EDAND TERMINATED IF'
NOTEXERCISES AT TIME OF FIRST SALE. APPLIES ONLY IF
SALE IS OP LEASED PREMISES, I. E. ,' NOT A PARTOF A LARGER
SALE INCLUDING MOF7~E THAN THE LEASED PREMISES.
DEVELOPMENT (1) LESSEES AGREE TO CONSTRUCT 27 ADDITIONAL APARTMENT
COMMITMENTS: uw7s.'
(2) CONSTRUCTION TO INCLUDE ALL ROADS, PARKYNG AREAS,
PATHS, INTERIOR UTiLiTI ES, ETC.
(3) LANDSCAPING AND ASPHALTING OF PAF~KING AREAS, PATHS,
ETC. , 'i'O BE COMPLETED IN' 1973.
(4) ALL CONSTRUCTION AND L,CNDSCAPlNG"TO BE IN CONFORMITY
WITH~PREAPPROVED PRELI MENARY ANb FIN:4L PLANS AND
.. SPECIFICATIONS, INCLUDING LANDSCAPE"PLAN.
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