HomeMy WebLinkAboutLanduse Case.CO.1130 Cemetery Ln.0018.2010.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0018.2010.ASLU
PARCEL ID NUMBER
PROJECTS ADDRESS 1130 & 1134 CEMETERY LANE
PLANNER JESSICA GARROW
CASE DESCRIPTION CONDOMINUMZATION 43l/1 1 AMEND
REPRESENTATIVE GIDEON KAUFMAN
DATE OF FINAL ACTION 09.18.10
CLOSED BY ANGELA SCOREY ON: 12.09.10
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•
Jessica Garrow
From: Gideon Kaufman [gk @kpolaw.com]
Sent: Friday, May 07, 2010 1:37 PM
To: Jessica Garrow
Subject: FW:
Attachments: 20100507132733187.pdf
Sorry for the typo here is the revised letter
•
1
LAW OFFICES OF BROOKE A. PETERSON
GIDEON I, KAUFMAN*
HAL S. DISHLER •• KAUFMAN, PETERSON & DISHLER, P.C. OF COUNSEL
PATRICK D. MCALLISTER
TELEPHONE
315 EAST HYMAN AVENUE (970) 9254188
• ALSO/WMMN WAYI.MQ SUITE305 FACSIMILE
•• ALSO ADMITTED 04 TEXAS ASPEN, COLORADO 81611 (970) 925.1090
April 29, 2010
City of Aspen
Community Development
Jessica Garrow, Planner
130 S. Galena
Aspen, CO 81611
Re: K & K Condominiums
Dear Jessica:
I am an attorney licensed tm practice law in the State of Colorado. I have reviewed the
real estate records of the Pitkin County Clerk and verified that title to Unit 2, K and K
Condominium is held in the name of A & J, LLC.
Sincerely,
KAUFMAN, PETERSON & DISHLER, P.C.
A Profe ional Corporation
BY AS %/ �/-
atrick McAll der
LAW OFFICES OF BROOKE A. PETERSON
OIDEON I. KAUFMAN` KAUFMAN, PETERSON & DISHLER, P.C. OF COUNSEL
HAL S. DISHLER `" �
PATRICK D. MCALLISTER
TELEPHONE
315 EAST HYMAN AVENUE (970) 925
• ALSO ADMITTED IN MARYLAND SUITE305 FACSIMILE
•• ALSO ADMITTED IN TEXAS ASPEN, COLORADO 81611 (970) 925-1090
April 29, 2010
Jessica Garrow
City of Aspen
Re: Condominiumization Map Amendment — 1130 and 1134 Cemetery Lane
Dear Jessica:
Pursuant to our pre- application conference, enclosed please find a Pre - Application
Conference Summary, Land Use Application, signed Fee Agreement, and a check in the amount
of $735.00, as well as two (2) copies of the Re- stated Condominium Map.
As we discussed, the property was previously condominiumized and the restated
condominium map enclosed for your review is being recorded to reflect the changes that have
taken place in conjunction with the new construction. I have included authorization from Alan
Hassenflu, the Managing Partner of Unit 1, and authorization from Patrick McAllister, the
Manager for the LLC, which owns Unit 2. As spelled out in the Land Use Application, the
address for the Duplex is 1130 and 1134 Cemetery Lane. Enclosed you will also find a title
commitment from Pitkin County Title Company reflecting the ownership of Unit 1 and a letter
from an attorney licensed to practice in the state of Colorado reflecting the ownership of Unit 2.
I believe the enclosed is all the information that you need to process the land use
application. If there is anything that you require, please let me know and I will get it to you
promptly.
Thank you so much for your immediate attention to this application.
Sincerely,
KAUFMAN PETERSON & DISHLER, P.C.
A Professi 6 �. Corpora' . n
By: .-
Gi. on . Kaufman
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow — 970.429.2780 DATE: 04.29.2010
PROJECT: 1130 and 1134 Cemetery Ln. Condo Map Amendment
APPLICANT: Gideon Kaufman
REPRESENTATIVE: Gideon Kaufinan
TYPE OF APPLICATION: Condominiumization. Administrative review.
DESCRIPTION: The Applicant would like to file a new condominium map for the property located at 1130 &
1134 Cemetery Lane. The property was recently redeveloped, so a new condo plat that
corresponds to the new building is needed. The devising line must be located on a devising
wall and all common access utilities should be marked.
Below is a link to the Land Use application Form for your convenience.
http: / /www.aspenpi tkin. com/Portal s/0 /docs /C ity /Comdev/ Apps %20and %20Fees /landuseapp
form.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
Review by: - Planning and Engineering Staff for compliance
- Community Development Director & City Engoneer for approval
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of staff time. Additional staff time required is billed at $245 /hour
Referral Fees: None
Total Deposit: $735.00 (Additional fees will be required for filing. Those fees will be identified and due
just prior to filing of the plat.)
Total Number of Application Copies: Two (2)
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the
name, address, and telephone number of the representative authorized to act on behalf of the applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre- application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Proposed condominium plat. Provide paper copies for staff review. Once staff has reviewed the proposal and
made any necessary corrections, then mylars can be created for recordation.
10. All necessary items found in Land Use Codes Section 26.480.090, Condominiumization.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
ATTACHMENT 2 —LAND USE APPLICATION
PROJECT: ,,
Name: K. -4, k 1.O ndop i `( i urn { l -
Location: 1130 and_ 113 teX \c[ �r12i
Indicate street address, lot & block number, legal descnp n where appropriate)
Parcel ID # (REQUIRED) a `3$'D( 3.3. G oo L
APPLICANT: 14166 A p n
A
Name: P 1 \ cun eAsi� 3 i LLC ��n�
Address: M O V ewg - t - v c Pt .\ ui'f\ 4 b6Nke..0 I 315 I ,141 rY�,l. :UC �:
Phone #: U k t ) q7 5 110 Lp v
REPRESENTATIVE: l/� t & 1 1 J�A
�� (� �p I n �--
Name: € eon 1`V � ithi-r` a.in 1 1PCe son 4 SKID
Address: 315 1= ,,4drno n 7.3O5 RSpen t o g l io 1
Phone #: ( . 6 1 4 . 0 ( . 6 1 4 . 0 'I Z 5— S I LPL?
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ® Other: Condonin■,un'
❑ Conditional Use rninil- rict1VQ . 'Rev; eh)
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
conaomin;wrrv�on Map Aorne.narne„,
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $- 3 S . 0O
• 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
❑ 3 -D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and k tL l� 0./DD
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Co t,0 9 t4 9 /) /46 M Y
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 Historic Preservation Commission, Planning and Zoning
Commission and /or City Council to enable the Historic Preservation Commission, Planning and Zoning
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 *termination of applic�t]on completeness, APPLICANT shall pay an initial deposit in the
amount of $ 1' 3 4 which is for_,$ 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 $245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By: B ITT-64
/ ,,,///JJJ
Chris Bendon r /�Zcp /!�
Community Development Director Date: 7 !L
Billing Address a nd T ho Numbu U ; 4c
frf cot. cif of
ALTA Commitment For Title Insurance
P Lawyers Title
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3mFLOOR
ASPEN, COLORADO 81611
970 - 925 - 1766 -PHONE
970 - 925 - 6527 -FAX
877 - 217 - 3158 -TOLL FREE
E -MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
TJ Davis - (tjd @sopris.net)
Tom Twitchell - (tomt @sopris.net) Joy Higens - Qoy @sopris.net)
Brandi Jepson - (brandi @sopris.net) - Closing & Title Assistance
Issued By
� Lawyers Title
Home Office
5600 Cox Road
Glen Allen, Va. 23060
B 1004 -268
,
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: April 22, 2010 at 8:00 AM Case No. PCT22806L2
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy- (6/17/06) Amount$
Premium$ 3,621.00
Proposed Insured: Rate: Re -Issue
(b) ALTA Loan Policy- (6/17/06) Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
(c) ALTA Loan Policy- (6/17/06) Amount$
Premium$
Proposed Insured: Rate:
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:
ALAN HASSENFLU and BARBARA W. LONG and IAN G. LONG
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
UNIT 1,
K AND K CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 5 at Page 54 and
as defined and described in the Condominium Declaration recorded January 5, 1977 in Book 322 at Page
646, Amendment thereto recorded January 31, 1977 in Book 324 at Page 122 and First Supplemental
Condominium Declaration recorded August 12, 1993 in Book 721 at Page 94.
• PITKIN COUNTY TITLE, INC. Schedule A -PG.1
601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid
970 - 925 -1766 Phone/970- 925 -6527 Fax unless the Insuring
877- 217 -3158 Toll Free Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
LAW OFFICES OF BROOKE A PETERSON
GIDEON I. KAUFMAN*
HAL S. DISHLER •• KAUFMAN, PETERSON & DISHLEB, P.C. OF COUNSEL
PATRICK D. MCALLISTER
TELEPHONE
315 EAST HYMAN AVENUE (970) 9254188
• Auo AMMO IN MARYLAND SUITE 305 FACSIMILE
• Auo ADrrteo w TERM ASPEN, COLORADO 81611 (970) 925 -1090
April 29, 2010
City of Aspen
Community Development
Jessica Garrow, Planner
130 S. Galena
Aspen, CO 81611
Re: K & K Condominiums
Dear Jessica:
I am an attorney licensed tm practice law in the State of Colorado. I have reviewed the
real estate records of the Pitkin County Clerk and verified that title to Unit 1, K and K
Condominium is held in the name of A & J, LLC.
Sincerely,
KAUFMAN, PETERSON & DISHLER, P.C.
A Profes 'onal Corporation
�� ��
BY /��. s / // r �
a 'ck McAllister
A & J, LLC
315 E. Hyman # 305
Aspen, Colorado 81611
April 29, 2010
City of Aspen
Community Development
Jessica Garrow, Planner
130 5. Galena
Aspen, CO 81611
Re: K & K Condominiums
Dear Jessica:
A & J, LLC authorizes the law firm of Kaufman Peterson Dishier P.C., to represent A & J,
LLC in all matters pertaining to the K & K Condominiums. Thanks.
Sincerely,
A &J,LL
By: l L A� /.�a�� t _4 . / ►7i
trick D. McAllister, Manager
Alan Hassenflu
19 Briar Hallow
Suits 100
Houston, Tama 77027
713.623.9800171.1121.6004 Fax
Email: alaaaenlM4frpltd com
April 30, 2010
Mr. Gideon Kaufman
Via Email
Dear Gideon:
1, Alan Hassenflu, as Managing Member of HL Joint Venture, the owner of Unit 1 at 1130 Cemetery Lane in Aspen,
CO, authorize you, Gideon Kauf man, to make a land use application to the City of Asps for the application of a
condominium map and land use description between our two respective duplex units which are attached and adjacent
to one another.
Please contact me at the above addresses with any questions.
Sin cerely,
//
G e
Alan / /
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J Main Custom Fields Routing Status Fee Summary Actions Routing History
Permit type aslu Aspen Land Use Permit * 0018.2010.ASLU
Address 1130 CEMETERY LN Apt/Suite
City ASPEN Stabs ICO 1 Zip 181611
Permit Information
C Master permit I Routing queue IaSIu07 Applied 4!302010
n
Project r I Status pending Approved 1
z
0
y Description CONDOMINIUMIZATION MAP AMENDMENT FOR 1130 AND 1134 CEMETERY LANE Issued
Final
0
Submitted GIDEON KAUFMAN 925 8166 Clock Running pays 0 Expires 4252011
Submitted via I 1
I
Owner
Last name KAUFMAN, PETERSON ANC First name
Phone (970) 925-8166 Address
Applicant
❑ Owner is applicant? ❑ Contractor is applicant?
Last name HASSENFLU I First name J 8 A, LLC 315 E HYMAN
�r
' Phone (970) 925-8166 Cust # 28790 Address 305
y Lender
1,1 Last name First name 1
I Phone ( ) - 1 Address
Displays the permit lender's address _ _ _ AspenGold5 (server) angelas i 1
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