HomeMy WebLinkAboutlanduse case.AP.605 W Main St.A059-002735-124-51-004 A059-00
..► Shadow Mountain building Condo Amend.
605 W. Main St.
r
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5 090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
2 G �.
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
7
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
1079
Aspen Fire
Other Fees:
1006
Copy
1302
GIS Maps
1303
GIS Fee
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
ParkingjC.ash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
C.
TOTAL4
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NAME:
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ADDRESS/PROJECT:
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PHONE: q e�-
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CASE/PERM T#: - C t Cl# 710 IES:
DATE: INITIAL:
' s
CASE NUMBER
A059-00
PARCEL ID #
2735-124-51004
CASE NAME
Shadow Mountain Condo Amendment
PROJECT ADDRESS
605 W. Main St.
PLANNER
Fred Jarman
CASE TYPE
Condominium Plat Amendment
OWNER/APPLICANT
Mac Cunningham
REPRESENTATIVE
Stan Clauson Associates, LLC
DATE OF FINAL ACTION
6/15/00
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
Plat Approved
BOA ACTION
DATE CLOSED
6/30/00
BY
J. Lindt
•
CASE NAMEIShadow Mountain Condo Amendment PLNRI[,.-y,+a1C Ay, A�
PROJ ADDR: 605 W. Main St. CASE TYP: Icondominium Plat Amendment STEPS:F
OWN/APP: Mac Cunningham ADR 2461 F-1/4 Road CIS/Z: lGrand Junction/CO/ PHN: 925-8003
REP: Stan Clauson Associates, LL ADR: 200 E. Main St. C/S/Z: Aspen/CO/81611 PHN 925-2323
FEES DUEI 265 FF 170 E FEES RCVD: 435 STAT:
REFERRALS
REF: - BYJ DUE:I
MTG DATE REV BODY PH NOTICED
F-
REMARKS
CLOSED:
PLAT SUBMITD:
DATE OF FINAL ACTION:I% r;
CITY COUNCIL:
•
To: Jim at Alpine Surveys From: Fred Jarman, Planner
Fax: 925.2688 Pages: 7 including cover
Phone: 925.2688
Date: 6/7/00
Re: Shadow Mtn. Plat Amendment CC:
❑ Urgent ❑ For Review ❑ Please Comment
• Comments:
Hi Jim,
❑ Please Reply ❑ Please Recycle
Following our discussion yesterday regarding what types of certification that need to
be on the Plat and receiving and reviewing the "Proof' of the Plat Amendment today
with staff, we realized that we do need a Title Certification on the plat with all the
others you have provided pursuant to Section 26.480.090(B)(6) which is included in
this FAX. Also included is the language for that Title Certificate. Staff also indicated
that for all other condominium plats received and signed off by the City, there are
Title Certificates signed on all of them.
In the original application, there is included a Commitment for Title Insurance
completed by Pitkin County Title in February 2000. (1 have attached this for you to
review.) There needs to be a signature block signed off by Pitkin County Title
indicating that there is title to all separate owners within the condominium.
Everything else looks fine so you would only need to send in the two (2) Mylars with
the Title Certificate block added. Once you have that signed off and back to me then
we will get it signed and completed.
Feel free to call if you have any questions regarding any of this or if you can't read
any of the documents provided.
Fred 920.5102
• •
Part 400 - Development Reviews Standards and Procedures Section 26.480.090
(4) A statement by the land surveyor explaining how bearings, if used,
were determined.
(5) A certificate by the registered land surveyor as to the accuracy of the
survey and plat, and a statement that the survey was performed in accordance
with Colorado Revised Statutes 1973, Title 38, Article, 51, as amended from
time to time.
(6) A certificate by a corporate Title insurer, that the person or person
dedicating to the public the public rights -of -way, areas or facilities as shown
thereon are the owners thereof in fee simple, free and clear of all liens and
encumbrances.
zP-
(7) Certificates showing approval of the final plat by the City Engineer
and Community Development Director.
(8) A certificate of filing for the Pitkin County Clerk and Recorder.
(9) Copies of any monument records required of the land surveyor in
accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as
amended from time to time.
2. Recordation. The approved condominium subdivision plat shall be recorded in the
office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its
approval by the Community Development Director. Failure on the part of the applicant to
record the plat within one hundred eighty (180) days following approval by the Community
Development Director shall render the plat invalid and a new application and approval will
be required.
3. Subdivision Agreement. No subdivision agreement need be prepared or entered into
between the applicant and the city pursuant to a condominium or condom i niumization
approval unless the Community Development Director determines such an agreement is
necessary.
4. Minimum Lease Deed Restriction. Minimum lease deed restrictions imposed by the
City Council as a condition of condominiumization approval prior to July 1, 1992, shall
only be modified or removed with the consent of the City Council
City of Aspen Land Use Code Page - 208 Revised 07/01/99
WITNESS MY HAN[l AND OFFICIAL SEAL
MY COW I S S ± 31k "EXPIRES: •
__f
NOTARY PUBLIC
Ti;_= CERTIFICATE
THE: JND!_RSIGNED, A DU_Y AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE INC., A TITLE
COM?ANY REGJLARLY DOING 3USINESS IN PITKIN COUNTY, COLORADO GOES HEREBY CERTIFY THAT
THE PERSON LISTED AS OWNER ON THIS PLAT HOLDS FEE SIMPLE TITLE TO THE WIWIN
DESCRIBED RI.AL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT
THOS= LISTED ON THE MORtGAGEE-S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED
ON T.-H S PLAT AR' TRJE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT
OF lITLF NOR AN OPINION OF TITLE, NOR A GUARANTEE OF TITLE AND IT IS UNDERSTOOD
AND AGRVtD THAT PITKIN COUNTY TITLENC., NEITHER ASSUMES AOR WILL BE CHARGED
W I "-: ANY F I NANC I AL OB'._ I GAT I ON OR L I ASIL' TY WHATSOEVER ON ANY STATEMENT
CONIAINFD :-REIN.
DATED: 2000.
VINCEN' J. hIGE\5. PRESIDENT
PITKIN COUNTY 71TLE, INC.
600 E' . HOPK i NS P.VE .
ASPEN, COLORADO 816:1
STA , E 0; CO, ORADO 1
}:s
COUNTY OF P'KT'N ?
THE =OREGO;NG -'TLL CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF _._ _ _ _. 2000 BY VINCENT J. HIGENS
AS PRES'DEN' OF PITKIN COUNTY TITLE, INC.
W I -NESS MY ::AN;: AN-- OFF I C; A_ SEAL -
MY Comm( SS I OK EXP I RES :
NOTARY PUBLIC
VE\YOP ' S CERT I F I CATE
I JAVI` W. MCE•'.IDE, HEREBY CFRT FY THAT IN JULY 13, 1998 AND OCT 5 1999 A SURVEY
WAS PERFORM(D JNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED RROPERTY.
THE LOCATION AN) DMENSIONS OF THE BOUNDARY LINES, AND EASEMENTS SHOWN ON THE PITKIN
COUNTY I;TL- COaAMi7AENT ?CT-14129 DATED APRIL 5 1999 ARE ACCURATELY SHOWN ON
THI: PL/,T r.ND THAT THE PLAT ACCURATELY AND SUBStANTIALLY DEPICTS THE LOCATION
OF I'iE bJILD'N(,S AN) ND'VIDUAL UNITS AND UNIT DESIGNATIONS THEREOF.
THE CON.RO: SURVEY PRECISION iS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001
OF Al ACRE AND "HAI TAE SJP.VEV WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38,
ARTI:.LE 51 AS AMENDED FROM LIME TO TIME.
SIGN=D -41S __ DAt OF 2000.
DAVI) W. McBRID RLS .6i29
ASP-N SJRVFY ENGINE::RS; INC.
210 S . GALENA S T .
ASPEN, CO. 81611
C I T Y E\1C I: ,EER ' S APPROVAL
THIS PLAT WAS It'. :VIEWED AND APPROVED BY THE CITY ENGINEER OF THE
CITY OF ASP-N, THIS ._ DAY OF _, 2000.
CITY EN:i I N:7 R, N I CK A7cH
COVv1UN I TY D)E VELOPMENT APPROVAL
THIS PLAT WAS R.:VIFWED AND APPROVED BY THE COMMUNITY DEVELOPMENT, DIRECTOR OF THE
CITY OF AST' N PLANNING DEPARTMENT ON THIS DAY OF , 2000•
D I R4 CTOR , J JL I i ANN WOODS
I]
•
To: Stan Clauson From: Fred Jarman, Planner
Fax: 920.1628 Pages: 4 including cover
Phone: 925.2323 Date: 5/25/00
Re: Shadow Mtn. Plat Amendment CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Stan,
It was nice to meet you the other day at the Remote Parking meeting. That should be a fascinating
project. As promised, I have attached the comments from Housing and Engineering with which you will
need to comply. I will be out of town from tomorrow (May 25) to June 6). But will help in any other way
I can in getting the corrected Mylars to Julie Ann Woods for her signature.
Fred 920.5102
•
•
MEMORANDUM
To: Stan Clauson
From: Fred Jarman, Planner, City of Aspenj
Date: May 25, 2000
RE: Shadow Mountain Condo Plat Amendment
All of the attached City Engineer's Comments must be reflected on
the final Mylar plats.
2. Include signatures of all Condo owners in the complex since you
are reducing limited storage elements.
•
•
MEMORANDUM
To: Fred Jarman, Planner
From: Ben Ludlow, Project Engineer
Date: May 24, 2000
Re: Shadow Mountain Building Condo Plat Amendment
1. The survey needs to be re -approved and dated within the past 12 months by the
licensed surveyor.
2. There only needs to be one certificate of approval from the City Engineer.
3. City code requires that if there is more than one sheet on a plat then there needs to
be a table listing all sheets on the first page.
4. There is not an identification of the trash storage area on the plat. It is located on the
alley side of the electrical transformer. The storage area is a small shed and the
shed and dimensions need to be shown on the plat.
MAY.25.2000 9:37AM ASPEN HOUSING OFC `"1N0.151`---P.1
MEMORANDUM
TO: Fred Jarman, Community Development Department
FROM: Cindy Christensen, Mousing Office
DATE: May 25, 2000
RE: 605 West Main Street/Shadow Mountain Building
Parcel ID No. 2735-124-48-012
ISSUE: The applicant is proposing a plat amendment to reflect correctly commercial
space where storage space is specified.
BACKGROUND: According to our files, in December of 1988, the applicant was
proposing to construct a 2,487 square foot office building with one 858 square foot one -
bedroom on -site employee apartment and a free market residence. The end result was a
Category 3, three -bedroom unit,
Mary Roberts and I met with Stan Clauson to review the fife. The result of that meeting
was that if their square footage was no more than the 2,487 square feet, plus an
additional 500 square feet approved at a later date, than no additional mitigation would be
required.
RECOMMENDATION: The applicant provided documentation showing that the total
square footage was under the 2,987 allowed, therefore, no further mitigation is required.
\referral\SOSwmala.apa
4 M0
To: Jim at Alpine Surveys From: Fred Jarman, Planner
Fax: 925.2688 Pages: 4 including cover
Phone: 925.2688 Date: 6/6/00
Re: Shadow Mtn. Plat Amendment CC: Stan Clauson
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Hi Jim,
I received your message regarding the Shadow Mountain Plat Amendment where you questioned the
correct format for Title Certification. Attached you will find the correct format that shall be used on all
plats if they are to be accepted and approved with their respective language. Specifically, signature
certificates should be provided for the following:
Owner's Certificate or Home Owner's Association certificate
Mortgagee's Certification (if it applies, which it does not in this case)
Title Certificate
Surveyor's Certificate
City Engineer's Approval
➢ Community Development Approval
➢ Clerk and recorder's Acceptance
Feel free to call if you have any questions regarding any of this or if you can't read any of the language
provided.
Fred 920.5102
UWN�R'S CERJ IF1CATE
41
KNOW ALL MEN BY THESE PRESENTS THAT RANDALL G. BONE BEING THE RECORD OWNER OF
0r LO'S A ANC B, BLOCK 73 CITY AND TOWNSITE OF ASPltN PITKIN COUNTY,
CO.ORADO HAS nY THESE PRESENTS SUBDIVIDED SAID PROPER�Y AND
THE IMPROVEMENTS THEREON INTO UNITS '735 WEST BLEEKER' AND '106 NORTH SEVENTH',
106 NORTH 71h,'735 WEST SLEEKER, A COLORADO COMMON INTEREST COMMUNITY
PURSUANT 70 ThE PURPOSES STATED IN THE DECLARATION FOR THE 106 NORTH 7th/
735 WEST BLFEY,E'I; RECORDED 2000 AS RECEPTION NO.
EX.=CU'ED 'HIS _ DAY OF , 2000.
RANDZL G. BONE
STAT_ Oi COLORADO
)st
COUNT" 0r P "�I N )
TKE =GRE.90INC, OWN_:R'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
—_ __ — ?OOC, BY RANDALL G. BONE AS OWNER.
WITNESS MY HAND AND OFFICIAL SEAL
M" CO4W 15 S I OK '_.XP I RES :
NOTARY PUBLIC
V 0 R S CERT I F I CAT`
KNOW A_ WEN B" T4ES=
PRESENTS THAT BEVERLY BONE AND NORTHWEST MORTGAGE INCARE
THE MOP.(iAGLFS OF TH-F HEREIN DESCRIBED REAL PROPERTY AS EVIDENCED BY THESE REDS OF
TR.JST RLCOIZ :•F : AS RECEPT 1 ON NO. AND RECEPTION N0. OF THE REAL
EST:..T: P.E:COPDn OF PITKIN COUNTY, COLORADO HEREBY CONSENTS TO THE RECORDING OF THIS PLAT.
EX£C:1JEL IF..S __ _ DAY OF 2000. EXECUTED TH;S _ DAY OF 2000.
—_.—AS (TITLE)
NOR -W:-S'; NOCTGAGE, ;NC.
STA;= 07 COLORADO
BEVERLY BONE
)so
COUNT" 0t P " v I N )
THE ,'CRE301NG MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
— 7000, BY AS OF NORTWEST MORTGAGE, INC.
WITNESS M'� HANG AND OFFICIAL SEAL
MY COMMI SION EXPIRrS:
STA i = 0, —) NOTARY PUBLIC
COUNTY O' a_ ) -.f
THE 7CRE30ING MORTGAG::E'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF
?000, BY BEVERLY BONE AS MORTGAGEE.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMWISSI3K E.XP1RES:
NOTARY PUBLIC
TIT_= CERTIFICAT`
THE: JND'.RSIGNED, A OU..Y AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE INC. A TITLE
COM?ANY REGJ:ARLY DOING 3USINESS IN PITKIN COUNTY, COLORADO DOES HEREBY 6ERTI' THAT
HE WITHIN
THE PERSON LIST'D AS OWNER ON THIS PLAT HOLDS FEE SIMPLE TITLE TO T
TDHOSRIBEISTR:)AOKPTHEEIRTY FREE MORtGAGEE'SNCERTIFRICATE. ALF ALL THOUGHIENS AYE BELRIEVERANCES EXCEPT
THE FACTS STATED
ON T-H S P-AT AR TRJE THIS CERTiFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT
OF �ITLF NOR AN OPINION OF TITLE, NOR A GUARANTEE OF TITLE AND IT IS UNDERSTOOD
AND AGRi6 THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES �IOR WILL BE CHARGED
WI':: ANY_FINANCIAL 03:_IGATION OR LIdBIL:TY WHATSO_cVFR nN ANY s-ATCLICWT
DATED: , cvvv.
VI NCEN7 J . E•. I GEMS . PRE -SIDE •
PITKIN COUN-TY TITLE, INC.
600 E. HOPKiNS AVE.
ASPEN, COLORADO 816'1
STA. E O; C01 ORADO i
iss
COUNTY OF P'KT'N )
S THE =OREGOING T;TLE C"RTIF.CATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF _ _ 2000 BY VINCENT J. HIGENS
AS PRES'DEN' OF PI-KIV COUNTY TITLE, INC.
*I-NESS MY "AND AND OFFICIA'— SEAL
I
MY COMM.SSION EXPIRES:
NOTARY PUBLIC
SUIRVEYOR'S CERTIFICATE
I AVID W. MB.11DEWAS)
PERFORMCDcJJNDER'MYEDIRECTREBY TIION AND TSUPERVISHAT IN I,ON OF,
THE 9HEREON DESCRIBED AROPERTY.
THE LOCATION AN) DIMENSIONS OF THE BOUNDARY LINES, AND EASEMENTS SHOWN ON THE PITKIN
COUNTY TITL- COaAMI7.%ENT PCT-I4129 DATED APRJL 5 1999 ARE ACCURATELY SHOWN ON
TH13 PLAT r,ND THAT THE PLAT ACCURATELY AND SUBStANTIALLY DEPICTS THE LOCATION
OF 1'iE BUILDINGS AND 'NDI`11DUAL UNITS AND UNIT DESIGNATIONS THEREOF.
THE CON-ROi. SURVEY PRECISION iS GREATER THAN I:10,000 WITH AN ACCURACY TO 0.001
OF AN ACRE AND -HAT TAE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38,
ARTI�.LE 31 AS AMENDED FROM TIME TO TIME.
S I GN^D 7-41 S __ _ DA ( OF _-- 2000.
DAVI) W. MCBRID RLS _.6129
ASP-N 31.IRVE:Y ENGINE;:RS, INC.
210 S. (',AL :',A 3F.
ASP-V, CO. 81611
C I
TY EEC I
'E'_R
'
S
APPROVAL
THIS
PLAT WAS W:VIEWER
AND APPROVED
BY
THE CITY ENGINEER OF THE
CITY
OF ASPEN, THIS _
DAY
OF
, 2000.
CITY E.1461 N;-. R, A I CK A7 _7 A
C�?NwIUN I TY
CEVELOPM`NT
APPROVAL
THIS PLAT WAS 'U*V!EWED
AND APPROVED BY THE COMMUNITY
DEVELOPMENT DIRECTOR OF THE
2000•
CITY OF ASPEN PLANNING
3EPARTMENT ON THIS DAY OF
DIRECTOR, 1UL I I• ANN WOODS
C..ER',< AND
RECORDER ' S
ACCEPTANCE
ACCEPTED FOR RECORDING
IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
DAY OF 2000 IN PLAT
COLGQADO AT _ O'CLOCK
800:( AT PAGE __
— .y. ON THIS
AS RECEPTION NUMBER
,
ClE:i2K A\0 ICOR)ER , SiLV.A DAVIS
PREPARED BY
ASPEN
SURVEY ENGINEERS. INC
210 S. GALENA STREET
i
r
ASPEN, COLO. 81611
DUAW ICAY t o7A 1! 02S-3816
•
LAND USE APPLICATION •
PROJECT:
Name: SMB Condominiums
Location: Lots H+I . Block
25 605 W. Main Street
Amen
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name: I. Mac Cunningham
Address: 2461 F-1/4 Road
Grand junrtion, CO 81SOS
Phone#: 970 925-8003
REPRESENTATIVE:
Name: Stan Clauson
Associates, LLC
Address: 200 E. Main Street Aspen, CO 81611
Phone#: 925-2323
TYPE OF APPLICATION: (please check all that apply):
Conditional Use ❑
Conceptual PUD
Conceptual Historic Devt.
Special Review
Final PUD (& PUD Amendment)
Final Historic Development
�.
Design Review Appeal
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
Final SPA (& SPA Amendment)
Historic Demolition
GMQS Exemption
Subdivision
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Lot Split
Temporary Use
Other: Corrected
❑
Lot Line Adjustment
Text/Map Amendment
Condo Plat
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Fully pprmitted and orrupied residontial and offirP condnminium
Error in filed condo plat description of Units 002 and 003.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Change descriptive legend of Units 002 and 003 from "storage unit" to
"commercial unit" per attached Correction Map.
Have you attached the following?
Pre -Application Conference Summary N o t r e q u i r e d
Attachment #1, Signed Fee Agreement
Response to Attachment #2, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
Response to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
FEES DUE: S 4 3 5
Com Dev flat fee $265
Engineering fee $170
Fh 'FEB. 9. 2000 4;57PM PI TN COUNTY TITLE • N0.5235 P. 1
PITKIN COUNTY TITLE, INC.
.�
THANK YOU FOR YOUR ORDER
Please find enclosed a commitment or commitments to issue ritle Insurance.
Please review the enclosed and if you have any questions please do not hesitate
to call us at 970-925-1766.
TO: THE FLEISHER COMPANY
ATTENTION: DON FLEISHER
DATE: February 9, 2000
OUR CASE NO: PCT14970
SELLER:
CUNNINGHAM INVESTMENT CO., INC.
BUYERS:
WORTH INTERIORS LLC
LEGAL:
UNITS 002 & 003, SMB
COPIES TO:
1.MAC CUNNINGHAM
2.
3.
4.
5.
SCHEDULE B'S DELIVERED TO: DON FLEISHER
COMMENTS:
THANK YOUM
rEB. 9. 2000 4:57PM PI N COUNTY TITLE N0. 5235 F. 2
0
Commitment for Title Insurance
Rdelity National Title Insurance Company
A Stork company
COMMITMENT FOR TITLE INSURANCE
FIDELITY NATIONAL TiTLE INSURANCE COMPANY, a Corporation, herein calledthe Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor
of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums andcharges therefore; all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement_
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an
authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to besigned andsealed, to become valid
when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This
Commitment is effective as of the date shown in Schedule A as "Effective Date."
Counteraigned
Ytstdn Cennt7 T1d., Ioa.
601 X. Hap>Idn. A..nn.
9rd Yloor
Awpe . Color.d. 81611
970-92S-1766 P%L u
970_92S-6527 Fa
Author.
FikWitj/AAffondr"koY1w1C8 0unpany
F4,%BY
di/a X
. SEAL
'? T y/ (1,
ATTEST Pre�enl
o.mn
FORM 6 Valid Only If Schedule A and B are Attached
AI,TA COMMITMENT
- ?99E?
The eondtdom of thin commitment require that the premium and chxSes be paid prior to the issuance of the title pofky(s), therefore, no poMcy(i) will 6e fared
unlit the char6es have been remitted to the lasuing agent.
FEB. 9.2000 4:58PM PI j COUNTY TITLE •
NO.5235 P. 3
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 18, 2000 at 8:30 AM
Case No, PCT14970
2, Policy or Policies to be issued.
(a) ALTA Owner's Policy -Form 1992
Proposed Insured:
WORTH INTERIORS LLC
(b) ALTA Loan Policy -Form 1992
Proposed Insured:
TO BE DETERMINED
Amount$ 0,00
Premium$ 407.00
Rate: Re -Issue
Amount$ 2,300,000.00
Premium$ 100,00
Rate: Companion
Tax Certificate: S10.00
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
CUNNINGHAM INVESTMENT CO., INC.
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
STORAGE UNITS 002 AND 003, S.M.B. CONDOMINIUMS, according to the Condominium Plat thereof
recorded July 19, 1990 in Plat Book 24 at Page 45 and as defined and described in the Condominium
Declaration thereof recorded July 19, 1990 in Book 625 at Page 185 and Amendments thereto recorded May
22, 1991 in Book 646 at Page 778 and October 15, 1991 in Book 659 at Page 9.
PITKIN COUNTY TITLE, INC.
nut E. HOPKINS
ASPEN, CO. M611
970-925-1766
970-925-6527 FAX
AUTHORIZED ACENT
Schedule A -PGA
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
FEB. 9, 2000 4:58PM PIJN COUNTY TITLE • NO. 5235 1. c
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record to -wit -
Release by the Public Trustee of the,
Deed of Trust from
: CUNNINGHAM INVESTMENT CO., INC.
to the Public Trustee of the County of Pitkin
for the use of
COMMUNITY FIRST NATIONAL BANK
original amount
$ 78,778.79
dated
November 13, 1998
recorded
: November 13, 1998
reception no.
: 424485
Duly executed and acknowledged Deed,
From CUNNINGHAM INVESTMENT CO., INC.
To WORTH INTERIORS LLC
3. Deed of Trust from: WORTH INTERIORS LLC
to the Public Trustee of the County of Pitkin
for the use of : THE LENDER TO BE INSURED HEREUNDER
to secure : 2,300,000.00
4. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of SMB
CONDOMINIUM ASSOCIATION certifying that there are no assessments for common expenses which
remain unpaid or otherwise constitute a lien on the subject property.
5. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No.
20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted.
6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be
recorded)
7. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required
by H. B. 1288 has been complied with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in which the property is situated)
FEB. 9. 2000 4:58PM PION COUNTY TITLE • NO.5235 P. 5
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1 Rights or claims of parties in possession not shown by the public records.
2, Easements, or claims of easements, not shown by the public records,
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished. imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable, and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7 Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
103 providing as follows "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or
copper or to any valid mining claim or possession held under existing laws",
8. That portion of subject property abutting Main Street which has been designated as a Historic District
recorded in Book 321 at Page 51.
9, Terms. conditions, obligations and all matters as set forth in Statement of Exception from the Full
N Subdivision Process recorded April 4, 1978 in Book 345 at Page 628 and July 19, 1990 in Book 625 at
Page 219.
10 Terms, conditions, provisions and obligations as set forth in Agreement recorded November 12, 1981 in
Book 417 at Page 287.
11. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as
set forth in Declaration of Covenants, Restrictions and Conditions for S.M.B, Condominiums recorded
January 31, 1990 in Book 613 at Page 23, deleting therefrom any restrictions indicating any preference,
limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.
12. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the
Condominium Declaration for S.M.B. Condominiums recorded July 19, 1990 in Book 625 at Page 185, First
Amendment recorded May 22, 1991 in Book 646 at Page 778 and Second Amendment recorded October
15, 1991 in Book 659 at Page 9, deleting therefrom any restrictions indicating preference, limitation or
discrimination based on race, color, religion, sex, handicap. familial status or national origin.
13. Terms, conditions, provisions and obligations as set forth in Sidewalk, Curb and Gutter Improvement
Agreement recorded July 19, 1990 in Book 625 at Page 217.
(Continued)
FEB. 9. 2000 4:58PM PI N COUNTY TITLE NO.5235 P. 6
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
14. Easements, rights of way and all matters as disclosed on Plat of subject property recorded July 19, 1990 in
Plat Book 24 at Page 45.
FEB. 9. 2000 4:58PM PI,6N COUNTY TITLE • NO.5235 P. 7
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2,
NOTE, Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominim or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage
Pursuant to Senate Bill 91-14 (CRS 10-11-122);
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board
of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof
charged to the proposed insured unless written instruction to the contrary are received by the company
prior to the issuance of the Title Policy anticipated by this Commitment.
This commitment is invalid unless Schedule B-Section 2
the Insuring Provisions and Schedules Commitment No. PCT14970
A and B are attached.
FEB. 9. 2000 4:59PM P j6N COUNTY TITLE NO. 5235 P. 8
CONDITIONS AND STIPULATIONS
1, The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument,
2, If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option may'amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions and Stipulations_
liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,
exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title
to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim,
shall be restricted to the provisions and Conditions and Stipulations of the Commitment.
HB, 9.2000 4:59PM
PitN COUNTY TITLE
N0, 5235 P . 9
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Tide Insurance Company
17911 Von Karman Avenue, Suite 300
Irvine, CA 92614.6253
0
•
8 May 2000
Ms. Mary Roberts, Director
Aspen/Pitkin County Housing Authority
530 E. Main Street
Aspen, Colorado 81611
Re: Plat Amendment-605 W. Main Street
Dear Mary:
STAN CLAUSON ASsoCLATEs, LLC
Planning • Urban Design
Transportation Studies
Project Management
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 970.925.2323
FAx: 970.920.1628
E-MAIL: clauson@csi.com
Thank you for meeting with me on 26 April 2000, along with Cindy Christensen of your
office, to discuss the approved mitigation history as it relates to the proposed plat
amendment for 605 W. Main Street.
My understanding from the meeting is that two resolutions determined the approved
commercial mitigation for this building: Resolution 41, Series of 1986, and Resolution 48,
Series of 1989. These two resolutions provide for an initial net leasable commercial
allocation of 2,487 s.f and an amendment converting 500 s.f. of storage to commercial
use. Taken together, these two resolutions provide for a mitigated net leasable commercial
office space totaling 2,987 square feet.
I have undertaken an area analysis of the net leasable currently occupied as office and find
that the total building office space is 2,900.3 s.f. I have provided evidence of these
calculations to Julie Ann Woods, Community Development Director, as part of our
application for a plat amendment. A copy of the cover letter to Ms. Woods is attached
herewith.
I would appreciate it if you could review the statements made in the cover letter and
provide Julie Ann Woods with a memo of confirmation, so that she may proceed with the
approval process for the plat amendment.
Thank you very much for your attention to this matter. Please let me know if you have any
questions or require further information.
Very truly ours,
Stan Clauson, AICP, ASLA
STAN CLAUSON ASOCIATES, LCC
Encl.
Cc: Julie Ann Woods, Community Development Director
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
•
*STAN CLAUSON ASSOCIATES, LLC
8 May 2000
Ms. Julie Ann Woods, Director
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Re: Plat amendment-605 W. Main street
Dear Julie Ann:
Planning • Urban Design
Transportation Studies
Project Management
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 970.925.2323
FAx: 970.920.1628
E-MAIL: clausonpcsi.com
I am submitting herewith our application for a plat amendment for the property at 605 W.
Main Street. The amendment is a simple one: two areas located in the lower level of the
building were incorrectly designated as "storage unit" in the original plat, which was filed
before the completion of construction of the building. These spaces, designated as 002 and
003 should in fact be designated "commercial unit" similar to the other office spaces
within the building.
The amendment is therefore to change the designation from "storage unit" to "commercial
unit" for spaces 002 and 003. This reflects the zoning approval provided by William
Drueding on the Certificate of Occupancy, dated 7 September 1990 and reflects as well the
historical usage of the building from the time of its occupancy. The Certificate of
Occupancy indicates the uses on the lower level as follows:
"Basement level-Mech. Room, one '/2 bath, common area, and four offices.
Two employee apartment units, and 2 Penthouses."
The penthouses are, in fact, located on the third level of the building and the two employee
units were subsequently merged into a single three -bedroom unit, with the approval of the
housing office. However, in every other respect the current usage conforms to the
Certificate of Occupancy and zoning sign off as indicated. Unfortunately, an amended plat
was not filed following construction which reflected the correct distribution of uses within
the building. It is the need to correct the plat that is the subject of this amendment.
At our meeting on 6 April 2000, you expressed concern that the present extent of office use
was fully mitigated by agreement with the Housing Office and that this mitigation was
incorporated in the building approvals. Accordingly, on 26 April 2000, I met with Mary
Roberts, Director, and Cindy Christensen, staff member of the Housing Office. We
reviewed the somewhat complex project history in the records of the Housing Office and
determined that two resolutions in the record definitively determined the amount of net
leasable office space which was mitigated and approved. These resolutions are:
Resolution 41, Series of 1986, which shows that 2,487 s.f of commercial was allocated to
the project, which was then known as the "Wesson Dental Building," and fully mitigated.
Subsequently, Resolution 48, Series of 1989, added 500 s.f of commercial, which was
converted from space previously designated as storage. Based on these two documents,
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
Ms. Julie Ann Woods
8 May 2000
Page Two
and reflected in the Certificate of Occupancy, the total net leasable commercial occupancy
of the building is approved at 2,987 square feet.
With this understanding from the Housing Office research in mind, I have undertaken a
commercial square footage analysis of the existing uses. My hand calculations show that
there are 1943.61 s.f on the first floor and 956.69 s.f on the basement level. This comes
to a total of 2,900.3 s.f of net leasable commercial, that is, office use within the building.
am attaching my calculation sheet to this application so that you can see how these
calculation were made and replicate them as necessary.
Based on the combination of the two resolutions cited above, the Certificate of Occupancy
as issued, and the square footage analysis, it seems clear that all the currently occupied
commercial square footage was fully mitigated through the approval process, and that this
amendment to correct the plat is appropriate and should be approved.
I am enclosing a draft "Correction Map" which provides the changes to Units 002 and 003,
designating them as commercial units. It also provides for the sign -off by the Community
Development Director and the City Engineer, as required for an amended plat. The
original signature blocks do not need to be executed. Attached as well is payment of the
Plat Amendment review fees in the amounts of $265 for Community Development
Department review and $170 for City Engineer review.
Please give me a call if you require any additional information or have questions relating to
this application. As indicated earlier, this amendment is required to complete the sale of
condominium units 002 and 003. Anything that can be done to expedite its processing
would be greatly appreciated by the property owner.
Very truly yours,
5_4c
Stan Clauson, AICP, ASLA
STAN CLAUSON ASSOCIATES, LLC
Attachments
Cc: Mary Roberts, Housing Office
I. Mac. Cunningham
APR.25.2000 9:36AM 6E MAIN ST ASPEN CO USA
• 110.976 /�P�^1
Scan Clauson Assoclates, LLC
2W East Main Street
Aspen, CO 81611
E-mail: a la m
Web: W,%w.scaplanning.com
Phone: +1 970 g25rp23
Fax +1 97O S20.1626
FaX
To: Mary Roberts, Aspen-Pitkin From Stan Clauson, AICP, ASLA
Housing Director
Fa)c 970 92M580
Date: April 25, 2000
Phone: 970 920,5138 Pages: 6
Re: Plat Amendment-605 W. Main St CC: Julie Ann Woods FAX 920-5439
)(Urgent ❑ For Review 0 Please Comment O Pleas• Reply ❑ Please Recycle
•Cemn"atsm Mary,
Following up on our conversation of last week, I am providing documents relating to the housing
mitigation and approvals for the 605 W. Main Street residence and office condominium. Attached are:
Resolution No. 4a, Series of 1989, finalizing the AH and Condominium;
• the CO dated 7-9-90 signed off by William Diveding who was then the Community
Development Zoning Officer, showing four offices in the basement level as approved through
the CO-, and
• the condo plat as filed, showing rooms 002 and 003 as "storage units" rather than oficas or
"commercial unit."
The issue is that, in order to sell the office condominium, shown as 002 and 003, these rooms need to
be designated "oommercW unit' on a revised plat. Julie Ann is concerned that these unb were not
property mitigated, although the CO sign -off suggests that they were, and is reluctant to sign -off on a
revised plat without some further research. The owner asserts that the units have been in commercial
use since the building was first occupied in 1990, Wdh a sale pending, the owner is very eager to
resolve this matter. Although he believes he has appropriate legal reliance on the CO, he is willing to
discuss some reasonable course of action which would resolve this matter. Can we meet on this at
your earliest convenience?
Thanks,
Stan CAauson
• Planning, Permitting, and Design solutions for Communities and Private Sector Clients •
APR.25.2000 9:37AM E MAIN ST ASPEN CO USA NO.976 P.4
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REGIONAL BUILDING DEPARTMENT
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This Certficare issued pursuant to, the requirements of Section 307
of the 1979 Edition of the UnVorm Building Code, It certifies that at the date of
r x = issuance, thestructureas described below was in compliance with the various resolutions
and ordinances regulating building construction and use in this jurisdiction.
Housing Units
Use ClawsificationPz4t. offices. Free Marker & Employ, Bldg Permitl `
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Building Address 605 W. Main St. . Aspen. CO 81611
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Comments & Restrictions:
Date /
ilding Official;
Note: Any alteration or use change of these described premises or portion thereof without
the written approval of the Building Official shall negate this C.O. and subject it to
revocation.
POST IN A CONSPICUOUS PLACE sd
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APR.25.2000 9 38AM 200 E MAIN ST ASPEN CO US ;,NO.
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This Cer6ricare issued pursuant to the requirements of Section 307
of the_7 979 Edition of the Uniform Building Code. It certVies that at the date of
issuance, thestructure as described below was in compliance with the various resolutions
and ordinances regulating building construction and use in this jurisdiction.
Housing Units
Use ClassiBcationprof. offices Free-Markpt & F At^Y- BldgPermic 22A
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Building Address 605 G1. Mai t. per► Co R t F, t t _
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Comments & Restrictions:
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Note: Any alteration or use change of these described premises or portion thereof without
the written approval of the Building Official shall negate this C.O. and subject it to
revocation.
POST IN A CONSPICUOUS PLACE
APR.25.2000 9:38AM E2W MAIN ST ASPEN CO USA • NO.976 P.6
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4 MO
To:
Stan Clauson
From:
Fred Jarman, Planner
Fax:
920.1628
Pages:
2 including cover
Phone:
925.2323
Date:
5/23/00
Re: Email from Cindy Christensen CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Stan,
Attached you will find the email I read to you regarding Housing's referral comments with respect to
your condo plat amendment. I'll let you know more when engineering sends in their comments.
Fred 920.5102
•
•
Cindy Christensen, 11:03 AN 5/18/00 0600, Re
Shadow Mtn. Plat Amendment Page 1 of 1
X-Sender: cindyc@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 18 May 2000 11:03:33 -0600
To: Fred Jarman <fredj@ci.aspen.co.us>
From: Cindy Christensen <cindyc@ci.aspen.co.us>
Subject: Re: Shadow Mtn. Plat Amendment
Fred: The condo plat for Shadow Mountain looks fine. It also does seem that they have
—�� mitigated enough with the documentation that we have in our files, so we are fine with what
i is being proposed. -
,v
Cindy Christensen, 08:14 A: 5/19%00 0600, Re: Fwd: Re: Condo Plat Amendment Page 1 of
X-Sender: cindyc@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Fri, 19 May 2000 08.14:45 -0600
To: Fred Jarman <fredj@ci.aspen.co.us>
From: Cindy Christensen <cindyc@ci.aspen.co.us>
Subject: Re: Fwd: Re: Condo Plat Amendment
Fred: Yes, both Mary and I met with Stan and told him that according to our files they
mitigated for a certain amount of square footage. Once they did the plat amendment and
came up with actual square footage and if that square footage matcl ed or was under what
was mitigated, then they would be fine. What I saw on the plat fell under what was
mitigated according to a memo in our file that we have from a past Housing staff person.
Cindy
At 11:01 AM 05/18/2000 -0600, you wrote:
This just in from Ben Ludlow regarding the Shadow Mountain Condo Plat Amendment.
Cindy: I have referred this to you and know that from a letter to Mary from Stan Clauson
dated May 8, 2000, that you both met with him to determine if the necessary mitigation
has occurred with respect to changing the two "storage units" to "commercial units." The
sense I get from the letter is that this was figured out during your meeting with Stan. In
any case, I will wait to hear your comments.
Sarah: We should chat about this one when you get a chance.
Muchos Garcias,
Fred
X-Sender: benl@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 18 May 2000 10.41:59 -0600
To: Fred Jarman <fredj@ci.aspen.co.us>
From: Ben Ludlow <benl@ci.aspen.co.us>
Subject: Re: Condo Plat Amendment
Prcrl my hnv
MAY.22.2000 1:34PM
Date:
To:
From:
Fax M.
Telephone #:
ASPEN HOUSING OFC
• � ti
Wo
NO.096 P.1
•
Housing Office
City of Aspen/Pltkin County
530 East Main Street, Lower Level
Aspen, Colorado 81611
(970) 920-5050
Fax: (970) 920.5580
FAX TRANSMITTAL FORM
s-�2a-off_.
Ja';1W 1,
Fax consisting of legal andlor„ letter size pages (including this cover page),
Brief Description or Additional Instructions:
W
If you have any problems receiving this transmissien, please call
at 970-920-5050.
MAY.22.2000 1:34PM ASPEN HOUSING OFC
NO.096 P.2
MMORANDUM
TO: Housing Authority Board
FROM: Janet Raczak, Housing Office
RE: Wesson Dental Building Commercial GMP
DATE: December 8, 1988
TSSUB: The applicant is proposing a change in its original
application with respect to meeting its employee housing
obligations on a commercial GMP application. Does the revised
application meet the Aspen City Municipal Code and the Housing
Authority generation requirements?
BACKGROUND: This project located at 605 W. Main Street, southwest
corner of Main and Fifth Streets, is a 6000 s.f. corner lot. The
application proposed to construct a 2,487 s.f. office building with
one 858 s.f. 1-bedroom on -site employee apartment and a free market
residence. The free market unit is exempt as a residence on an
existing vacant lot.
The applicant originally proposed to meet its employee housing
obligations by providing housing for 40 percent or three employees,
by constructing a one -bedroom 858 s.f. moderate rental employee
unit (basing rents on the allowable 700 s.f. provided for in the
guidelines) (housing 1.75 amp.), and a cash in lieu payment of
$16,625.00 ($13,300 - moderate x 1.25 emp) for adjustment at time
of issuance of a building permit.
The Housing Authority recommended this proposal as a condition of
approval to the City Council. Council accepted our recommendation
and incorporated it as a condition of approval in their Resolution
No. 41 (Series of 1986) on the Wesson GMP project.
At this time the applicant is proposing to construct one 2-bedroom
and one studio employee units, instead of the one employee unit and
a cash -in -lieu payment.
The standard for the number of bedrooms to accommodate a family of
a given size are indicated in. Table I of Part II of the Housing
Authority Guidelines.
UNIT TYPE OCCUPAsi (
Two Bedroom Unit 2.25 emp
Studio Unit 1.25 amp
Total Number Housed 3.5 amp
MAY.22.2000 1:34PM � N HOUSING OFC • N0.096 P.3
REQUIREMENTS: The original application proposed to house 3.0
moderate income employees. The studio must be between 400-500
square feet to meet the moderate income guidelines and the two
bedroom unit must be 700-1000 square feet in size to meet the
moderate income guidelines.
The new Generic Rental Deed Restriction Agreement must be approved,
executed, and recorded, prior to issuance of any Building Permits
and/or temporary or final Certificates of Occupancy.
OPTIONS:
1. Recommend approval of the amended employee housing proposal
subject to appropriate deed restrictions prior to building
permits or COs.
2. Deny the amended employee housing proposal.
STAFF RBCOMXENDATION: The Housing Staff recognizes that a severe
shortage in housing and a great reserve in our cash -in -lieu account
exists. New employee projects are difficult to get off the ground
and into the ground. The applicant is proposing to create the
needed housing instead of providing more money to our cash -in -lieu
account. For these reasons staff recommends approval of the
applicants revised proposal.
WESSON.1
Cindy Christensen, 08:14 Al 9/00 -0600, Re: Fwd: Re: Condo Plat endment Page 1 of 2
X-Sender: cindyc@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Fri, 19 May 2000 08.14:45 -0600
To: Fred Jarman <fredj@ci.aspen.co.us>
From: Cindy Christensen <cindyc@ci.aspen.co.us>
Subject: Re: Fwd: Re: Condo Plat Amendment
Fred: Yes, both Mary and I met with Stan and told him that according to our files they
mitigated for a certain amount of square footage. Once they did the plat amendment and
came up with actual square footage and if that square footage matched or was under what
was mitigated, then they would be fine. What I saw on the plat fell under what was
mitigated according to a memo in our file that we have from a past Housing staff person.
Cindy
At 11:01 AM 05/18/2000 -0600, you wrote:
This just in from Ben Ludlow regarding the Shadow Mountain Condo Plat Amendment.
Cindy: I have referred this to you and know that from a letter to Mary from Stan Clauson
dated May 8, 2000, that you both met with him to determine if the necessary mitigation
has occurred with respect to changing the two "storage units" to "commercial units." The
sense I get from the letter is that this was figured out during your meeting with Stan. In
any case, I will wait to hear your comments.
Sarah: We should chat about this one when you get a chance.
Muchos Garcias,
Fred
X-Sender: benl@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 18 May 2000 10:41:59 -0600
To: Fred Jarman <fredj@ci.aspen.co.us>
From: Ben Ludlow <benl@ci.aspen.co.us>
Subject: Re: Condo Plat Amendment
Fred my boy,
It just dawned on me that I have sent out my typical review stuff to the other DRC
members and many of them have issues with the building. The most being that the
property wants to rezone and also some housing mitigation issues. You should give
a copy of the info the Sarah Oates and Ciny Christiansen in Housing because they are
both concerned and want to hold it from approval. So this may impact the schedule of
the referral. Thanks for reminding me about this as I meant to send you a note last week
but I was lost in the details!
later,
ben
At 10:28 5/18/00 -0600, you wrote:
Just a reminder to let you know I sent that Shadow Mountain Condo Plat Amendment
down to you for you to check it out.
Thanks,
Fred
Printed for Fred Jarman <fredj@ci.aspen.co.us> 5/19/00
Cindy Christensen, 11:03 AM 8/00 -0600, Re: Shadow Mtn. Plat A dinent Page 1 of 1
X-Sender: cindyc@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 18 May 2000 11.03.33 -0600
To: Fred Jarman <fredj@ci.aspen.co.us>
From: Cindy Christensen <cindyc@ci.aspen.co.us>
Subject: Re: Shadow Mtn. Plat Amendment
Fred: The condo plat for Shadow Mountain looks fine. It also does seem that they have
mitigated enough with the documentation that we have in our files, so we are fine with what
is being proposed.
Regarding the Kienast, it said that a referral was not due to you until May 24. I'll do it right
now and fax it to you.
Cindy
At 10:30 AM 05/18/2000 -0600, you wrote:
Hey Cindy,
Just a reminder to let you know I sent ) a Shadow Mountain Condo Plat Amendment and
2) the Kienast ADU down to you for you to check it out.
Thanks,
Fred (the new planner guy)
Fred Jarman
Aspen City Planner
920-5102
Printed for Fred Jarman <fredj@ci.aspen.co.us> 5/18/00
Z
CLERK & RECORDER'S ACCEPTANCE
TH15 FLAT WA5 ACCEPTED FOR FILING IN Hr OFFICE ON THf=
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NOTICE: According to Colorado law you m ommence any legal acti—
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VOTICE. According to Colorado law you must commence am, ie 1 mt,n,
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such defect. In no event may any action based upon any defect m this survey ,
be commenced more than ten years from the date of the certification shown
hereon Aspen,
Office Box 1730
pen, Colorado 81612
303 925 2688
Surveyed CD . CX-)
Drafted G.05•GO
Revisions
Title
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based upon any defect in this survey within 3 years after you first discover
such defect. In no event may any action based upon any defect in this survey
be commenced more than ten years from the date of the certification Shown
hereon
Alpine Surveys, Inc.
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
Surveyed G•00
Drafted Co. Ot5. CO
Revisions
Title
CO SSECTI ON MA r- OF
O-M3 CON0001.41UMS
LOTS H �� ,I1 L5 LOG< 25,
GI TY OF �P�:N, COLO"00
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