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HomeMy WebLinkAboutcoa.lu.co.701 S Monarch.0023.2008.aslu THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0023.2008.ASLU PARCEL ID NUMBER 2735 13 12 5006 PROJECTS ADDRESS 701 S. MONARCH ST PLANNER ERRIN EVANS CASE DESCRIPTION AMENDMENT TO CONDO MAP REPRESENTATIVE ANNE MAIRE MCPHEE DATE OF FINAL ACTION 10.4.10 CLOSED BY ANGELA SCOREY ON: 10. 04.10 From: "Jennifer Phelan" <Jennifer.Phelan @ci.aspen.co.us> Subject: RE: Caribou Condominiums map Date: January 29, 2010 10:40:26 AM MST To: "Anne Marie McPhee" <amm @okglaw.com> Hi Anne Marie: I have had a chance to review the attachments and it looks like the owners are okay with the improvements that have occurred although a couple things need to happen. In 2007 an ordinance (ordinance no. 10, series 2007) was passed capping multi - family units to 1,500 sq. ft. of net livable area, unless a transferable development right is purchased at which point the size of the unit can increase by 500 sq. ft. to a maximum of 2,000 sq. ft. According to the assessor, the gross heated square footage of unit 6 is 1,830 sq. ft. which is greater than permitted by the cap. I asked you to verify when the enclosing of the entry occurred because if it occurred subsequent to the ordinance being in effect, the work should not have been undertaken. Unfortunately, there is no evidence that a building permit was ever issued for the work that occurred but you have presented me with other evidence that the work occurred prior to 2007. The survey you provided as well as the declaration amendments are from 2006 and indicate that the work was complete prior to 2007, effectively when there was no cap on unit size. To rectify the situation, I will require that a building permit be pulled an issued for the work that was done illegally. Once the permit is issued and a certificate of occupancy issued on the work I will be able to record the condo plat. Additionally, work that is done without a permit is subject to double permit fees and I'll need to issue a correction notice to the owners. I think this is the easiest way to resolve the issue and I'm happy to meet to discuss the building permit process. It was nice to meet at Jennifer's and I look forward to finalizing this with you. Jennifer ifheia w AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Anne Marie McPhee [mailto :amm @okglaw.com] Sent: Monday, January 11, 2010 11:34 AM To: Jennifer Phelan Subject: Caribou Condominiums map Hi Jennifer, Attached are excerpts from the August 2006 survey of the Caribou Condominiums. I just have a full -size copy of the map - I can run it by if you want to take a look at it. Also attached is the accompanying Amendment to the Declaration regarding the change to Unit 6, which was also executed in August 2006. Please let me know if you have any questions or would like to see the full -size plat. Thanks for your help with this. Alv NDMENTTO RECEIVED THE CONDOMINIUM DECLARATION MAY 0 8 2008 AND CONDOMINIUM MAP FOR CITY OF ASPEN THE CARIBOU CONDONIINIUMS COMMUNITY DEVELOPMENT This Amendment ( "Amendment ") to the Condominium Declaration for The Caribou Condominiums and Condominium Map is made effective this 15' day of August, 2006, executed by the various unit Owners of Condominiums who execute this Amendment. RECITALS A. The Condominium Map ( "Map ") for the Condominium was recorded on the 24th day of April, 1973, in Book 4 at Page 379 of the real estate records of Pitkin County, Colorado. The Map was amended by that certain amendment recorded on the 2nd day of November, 1975 in Book 4 at Page 404 of the real estate records of Pitkin County, Colorado. On the 24th day of April, 1973, the Condominium Declaration for The Caribou Condominiums ( "Declaration ") was recorded in Book 275 at Page 28 of the real estate records of Pitkin County, Colorado, and subsequently amended by amendments recorded in Book 280 at Page 971, Book 282 at Page 822, Book 298 at Page 431, Book 311 at Page 295 and at Reception Number 418308. The Declaration created The Caribou Condominiums ( "Condominium "). B The Declaration provides in paragraph 25.5 that it may be amended by unit Owners owning a seventy -five percent (75 %) interest or more of the Common Elements of the Condominium. Various Owners of Condominium units owning in excess of seventy -five percent (75 %) of the Common Elements in the Condominium desire to make amendments to the Declaration and to the Map as set forth herein and have executed this Amendment for the purposes stated herein. C. Certain alterations to Unit 6 were approved by the Owners at the annual meeting on December 26, 2000. Prior to the meeting, the Owners of Unit 6 paid for improvements (painting and lighting) to the central access lobby and rear area exterior ceilings. D. The Owners of Unit 6 are Barton J. Levin and Nancy M. Levin. Based on the foregoing Recitals, the Declaration is amended as follows: 1. All of the capitalized terms contained in this Amendment are either defined herein or defined in the Declaration. 2. The Declaration and the Map are hereby amended to provide that the portion of the Common Elements reflected on the sketch, attached hereto as Exhibit "A" and made a part hereof, shall no longer constitute a Common Element, but shall constitute, as provided for hereafter, a portion of Unit 6. In addition, Exhibit "A" reflects portions of the Common Elements, which have been reconfigured from their condition as reflected on the Map. The Map shall be amended to show the conditions reflected on Exhibit "A" and all unit Owners shall promptly execute an amendment to the Map in the manner required by law. The Owners of Unit 6 are hereby declared an agent, coupled with an interest, for all other Owners for the sole and only purpose of executing an amendment to the Map. 3. The Owners of Unit 6 shall hereby indemnify the Association and all other Owners from any and all claims of any nature whatsoever which may occur by virtue of the amendment of the Declaration and the Map herein contained and the construction called for hereunder. Included within the indemnity shall be any claim for mechanics' liens as may be asserted against any of the units in the Condominium or against the Common Elements. 4. Except as amended herein, the Declaration, as previously amended, and the Map remain in full force and effect 5. This Amendment may be executed in several counterparts and, after execution and as executed, shall constitute an agreement binding on all of the parties, notwithstanding that all of the parties are not signatory to the original or same counterpart. SIGNATURES ON FOLLOWING PAGES ,- --- G EORQs.. #TRAWEI RIDGE, JR. 3801 KENNETY PIKE BLDG. 9.100 WILMINGTON, DELAWARE 19807 (302) 571 -8322 (302) 571 -8940 FAX# 302 571 1495 August 1.0, 2006 David B. Kelly Oates, Knezevich & Qardenswartz, P.C. 533 E. Hopkins Avenue, Third Floor Aspen, CO 81611. Dear David; I am the owner of Unit 1 at the Caribou Condominiums. I am in favor of the Caribou Condominium Association recording an amended plat to reflect the incorporation of the extended entryway into Unit 6. Sincerely, George Strawbridge, Jr. GSjr/kwc 4 UNIT 2 Douglas M. Etkin btit t Jut h G. Etkin STATE OF �O �/ )ss. COUNTY OF ______ ) The foregoing instrument was acknowledged before me on this 22 day of , 2006, by Douglas M. tkin. Witness my hand and off: `als 'al. ' :'i i ce ' / My commission expires: i Bo KAREN C. AH NNON I i L .i At !alli A Notary Public F OF CO' : STATE OF 6LO44OD )ss. COUNTY OF 47 ) The foregoing instrument was acknowledged before me on this 22 day of , 2006, by Judith G. Etkin. Witness my hand and official seal. My commission expires: ' � ,.' N •''• 1/41 y Notary Public 7//4/ZD/0 . r . KAREN C. f �$ • %BOHANNON • :i i ill �Qi ,OF COC,r UNIT ... C Stephen C. Noren A4 iY4 J La L. Noren STATE OF -x- +D, o 4 q ) )ss. COUNTY OF 111 , .-4 ) The foregoing instrument was acknowledged before me on this ? 11 day of ry >T , 2006, by Stephen C. Noren. Witness my hand and official seal. (Pit My commission expires: . S .a Public M"'!' DANIEL W. SCOTT xo u rv: ` STATE OF I o,., :� ion county My Commission Expires )SS.? J S, 2014 COUNTY OF ) The foregoing instrument was acknowledged before me on this A day of P <� , 2006, by Lan L. Noren. Witness my hand and official seal. ? Y P 7 i ', M commission expires: % /,� Notary Publi ' r DANIEL W. SCOTT •"m:, Marion County a. ems. ' My Commission Expires '''•'s f ; • M 6, 2014 -- w - - • 1 UNIT 4 anton STATE OF ) )ss. COUNTY OF �r The foregoing instrument was acknowledged before me on this day of e tikcr , 2006, by James Stanton. Witness my hand and official seal. My commission expires: / • ■ .tary Public assaission umsoMilisszt4424:11111.1111: St:k447 WI. AUG. 23. 2006 1:58PM OATES KNEZEVICH GARDENSWARTZ NO. 7982 P. 8 UNIT 5 n tc% d /nv Roger O'Neill STATE OF (tj xon5t n ) COUNTY OF Lki sea c prv) The l- foregoin 6 inshtun, by Rent oger O' wNei ll. as acknowledged before me on this a% 1- "`d ay of s Witness my hand and official seaL My commission expires: 11 / IC /Q `1 Notary Public d 6 Ro.-rtI can .cGregor STATE OF C c4 oral° ) )ss. COUNTY OF 7 f +km ) The foregoing instrument was acknowledged before me on this lO day of Der , 2007, by Robert Duncan MacGregor. Witness my hand and official seal. My commission expires: In 1 011 otar ' ubl c r/ r (P Lis . AMY . I SAPP • f 11„13:\ �� • 1 BANK OF A :ERICA, NA • • MORTGAGE HOLDER - TJNIT 6 By,%t it 1\ l M) Name: Jacquelin M. Pamir° A$s4S$41tc0 PatSIis a I Title: STATE OF !1p i , J.-,, ,yr ; rt ) COUNTY OF ere ) �� The foregoing instrument was acknowledged before me on, }iris up day of _ ` 3 , 2007, bY' - tnr b i n of America, N.A. Witness ray hand and official seal. • My commission expires: Notary Public ,11HAEN10ES, RE00 011616011OS00 Public, State of New Yak Qualified in ale Vi11DSenkaisn Bakes Nov. . 17, 0,,/^6 9 • UNIT 6 1a, Barton J. Levin Nancy M. evin STATE OF 64pJo ) )ss. COUNTY OF R +(c." ) The foregoing instrument was acknowledged before me on this /5 clay of fwrs , 2006, by Barton J. Levin. Witness my hand and official seal. My commission expires: /a / 4 oo q _P is NE %,%story Public STATE OF ("Jcwcd o ) i ' yl3 le . ) COUNTY OF ? a ) ss. � o f . ,, � 'y � ` :( !B`` c 'Q ? o , The foregoing instrument was ackno t'�oefore me on this /, of , 2006, by and Nancy M. Levin. Witness my hand and official seal. .k My commission expires: J2. /? 3 / ?oo 1 . Notary Public D A E /<`F T t i • • a — � — t 1 it 111 ,••.. ...•O {., I ti ,, 4 ¥: ..... V egO55 µp.Te 14 p CE4 To se • Abbey ro UttiT't ( APPRo t 9'7 s.f. I ra ^ ^— --- . - . . ...... P ai s * — 4 • r 1 8 q a \ .wr , 16 SEINE /i kit." / Ili S // iii III / I I . /A I, „„ 44 E7 i kee 'Az - 1 .. .. . . . LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ 84 KELLY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO 81611 LEONARD M. OATES RICHARD A KNEZEVICH TELEPHONE (970) 920 -1700 TEO D. GARDENSWARTZ FACSIMILE (970) 920-1121 DAVID B. KELLY MARIA MORROW OF COUNSEL. JOHN T. KELLY ammLokylawcom STEPHEN R. CONNOR ANNE MARIE MCPHEE RECEIVED \ECEIVED STACV FEINBERG WHITNEY H. NELSON May 8, 2008 MAY 0$ 2008 A Jessica Garrow CITY OF ASPEN City of Aspen Community Development COMMUNITY DEVELOPMENT 130 South Galena Street Aspen, CO 81611 Re: Application for Amendment to Condominium Map — Caribou Condominiums Dear Jessica, Enclosed is an application packet for a minor amendment to the Condominium Map for the Caribou Condominiums. Enclosed in the packet is the land use application form, check for $735.00, copy of the proposed Second Amended Condominium Map and copy of the unit owners' approval of the amendment to the Condominium Declaration and Map. The approval named Bart and Nancy Levin as agents of the Condominium Association for purposes of amending the Condominium Declaration. Two copies of the application packet are provided. The existing condominium project, located at 701 South Monarch, contains six units. The building was constructed in 1973. Applicant seeks to amend the Map to reflect that a small portion of the common elements is changed to be a portion of Unit 6. Specifically, the amendment would allow enclosure of a small section (11.65' x 7.35') outside Unit 6's entryway to allow for additional storage. The area has historically been used as a wood storage area. Please let me know if you have any questions or need any additional materials. We look forward to working with your office on this matter. Sincerely, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. By Anne Marie McPhee AMM /maf Encl. ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: Bart & Nancy Levin on behalf of Caribou Condominium Association Location: 701 S. Monarch, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273513125800 (Common Elements) and 273513125006 (Unit 6) REPRESENTATIVE: Name: Ann Marie McPhee, Oates Knezevich Gardenswartz & Kelly, P.C. Address: 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611 Phone #: ( 970) 920 -1700 PROJECT: Name: Second Amendment of Condominium Map for Caribou Condominiums Address: 701 S. Monarch, Aspen Phone #: (970) 920 -1700 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 Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) The Caribou Condominiums, a six unit development, were constructed in 1973. The area outside Unit 6 has historically been used for wood storage. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Amendment of the Condominium Map to allow the conversion of all 65' x 7.35' area of the common elements outside Unit 6 to be part of Unit 6. Have you attached the following? FEES DUE: 735.00 ❑ Pre - Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy oRE( IVED text (Microsoft Word Format) must be submitted as part of the application. MAY 0 8 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees nn CITY OF ASPEN (hereinafter CITY) and T 4 \• Lcow.. oti PE1Tt --F cF �stc A 0 3 I SbC 5 (hereinafter APPLICANT) AGREE AS FOLLOWS: Y-tss.-ocA 1. APPLICANT has syyl!,bmitted to CITY an aQplication for Ma Pc4 etotivar ro 'T* laN tJ h lT ( e1P Eta (.. - C cu COI-AC i *al f S (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and /or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and /or City Council to enable the Planning Commission and /or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ °C. °o which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: let, Chris Bendon _ Community Development Director Date: S —$- 0 7 Bill To Mailing Address and Telephone Number: RECEIVED I,� VArae i1 t - t Sn 6. \\otk.as t ttv- OA MAY 0 8 2008 n CITY OF ASPEN ° SILL COMMUNITY DEVELOPMENT r • • THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 16, 2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number aid name assigned to this property is 0023.2008.ASLU (Condo Plat —701 S. Monarch). The planner assigned to this case is Errin Evans (errine @ci.aspen.co.us). ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ..Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. r. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429 -2759 if you have any questions. Thank You, ► Jennifer elan, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings \jennifep\Deslctop \organized \G Drive \Templates \Land Use Cases \Completeness Letter Land Use.doc -2, -6 ©Cc c 4 c0 23. zoos ' A}-Si- u 'd r � r,,, ;?� -4 41.811a a E. E Edit Record Navigate FQr m Repays Format Tab Help g . _Man [ aluation I Custom Fields 'Actions [Feel ' Parce;s Fee Summary I sub &mists I Attadmxks 'Routing Status 'Routing idetorY l _ ... —. � T --- Permit 8 g Permit Type �aslu JASpen Lard Use $ '-1 Address 1701 5 MONARCH ST J AptISuite 16 R I City 1ASPEN State g1 Zip F81611 J Perm t Info matbn Master Permit J Routing Queue laslu07 Applied 10510012008 J Project I J Stag IperdN Apwoved I J Description APPLICATION FOR AMENDMENT TO CONDOMINIUM MAP- CARIBOU Issued I J CONDOMIN[LM5 Fnal �_ J Submitted IANPE MARIE MCPPEE 920 1700 Clock Run nin g Days r ---- 6 . Expres 05703/2009 J Owner Last Name IN BARTON ] AND NANCY M J First Name I PhoneI _ ;y Owner Is Applcai8? " Applicant Last Name ILEVIN BARTON 2 AND NANC J First Name! • 1 ph 1 Cult 8128184 J Lender I � Last Name I J First Name Phone 1 V \ \) •