HomeMy WebLinkAboutbocc.res.104.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING .4 MINOR AMENDMENT TO
CONDOMINIUM DECLARATION FOR HIGHIMNDS VILLAS
SECTION 7. 9, RESTRICTIONS ON ANIMALS
Resolution No./tg~ -2005
RECITALS
A group of homeowners at Highlands Villas (HOA) contacted Aspen/Pitkin County
Housing Authority (hereinafter "APCHA") and the Board of County Commissioners
(hereinafter the "BOCC") to request the option of having indoor pets in their complex.
The BOCC requested a recommendation from APCHA regarding this request along with
staff reviewing a report fi'om Jonathan Lowsky, Wildlife Biologist, regarding the Ecological
Impacts of Domestic Cats.
APCHA Staff reviewed the Highlands Villas deed restriction, approval documents and
homeowner documents for language regarding pet restrictions and found the restrictive
language in the Condominium Declaration for Highlands Villas recorded at Reception No.
231756 on March 25, 1981, with such language stated below:
"7.9 Restrictions on Animals. No dogs, cats, or other animals of any kind
shall be maintained, kept or harbored within any Individual Space, on or in any
of the Common Elements or within any area of the Highlands Villas, it being
understood that compliance with this restriction is a condition of subdivision
approval and this restriction may not be removed, varied, amended, altered or
abridged (the amendment provisions of Article X notwithstanding) without the
prior approval of the Board of County Commissioners of Pitkin County,
Colorado and Aspen Highlands Skiing Corp. '
APCHA Staff and Board of Directors recommended a pet policy to BOCC that supports
allowing pets in all affordable housing sales units unless wildlife issues or other land use
provisions demonstrate the need to prohibit pets subject to Homeowner Association
approval.
APCHA Staff and the Assistant County Manager reviewed the March 23, 1999 Agenda
Item Summary report from Jonathan Lowsky regarding the 'Ecological Impacts of
Domestic Cats." Staff concluded that the Homeowners' Association request for indoor pets
is consistent with Jonathan Lowsky's findings that recomanend indoor cats over outdoor
cats.
The Highlands Villas Homeowners' Association held a majority vote of 15-1 in May 2005,
approving a change to their Condominium Declaration to allow 100% indoor pets in
individual units.
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08/22/2005 01
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0,00
It was confirmed by the Highlands Villas Homeowner's Association that the Aspen
Highlands Skiing Corporation is controlled by Hines Interests Limited Partnership. The
Homeowners were referred to Bob Daniels, Vice President of Aspen Highlands Skiing
Corporation in June 2005. Mr. Daniels consented in writing to an amendment to the
restriction on pets to allow indoor pets only at Highlands Villas.
8. In June 2005 the Highlands Villas Homeowner's Association contacted Suzanne Wolff,
Senior Planner of the Pitkin County Community Development Department. Ms. Wolff
confirmed that no land use approvals are necessary to amend the Condominium
Declaration to allow indoor pets.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Pitkin
County, Colorado, approve an amendment to the Condominium Declaration for Highlands Villas as
follows:
"7.9 Restrictions on Animals. Highlands Villas homeowners may have
indoor pets that live indoors 100% of the time and never go outside such as
indoor cats, hamsters, salamanders, fish, etc. that do not impact other units or
outside wildlife. No dogs or other outdoor animals of any kind shall be kept or
harbored within any Individual Space, on or in any of the Common Elements or
within any area of the Highlands tqllas, it being understood that compliance
with this restriction is a condition of subdivision approval and this restriction
may not be removed, varied, amended, altered or abridged (the amendment
provisions of Artlcle X notwithstanding) without the prior approval of the Board
of.County Commissioners of PitMn County, Coloradq,~nd Aspen Highlands
OF PITKIN COUN~'Y, COLORADO
/EST: (
:tte Jones, Deputy
lerk and Recorder
'-Kay Clapper, Chairperson
AP~FORM~
RECOMMENDED FOR ADOPTION:
Community Development Director