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HomeMy WebLinkAboutLand Use Case.199 N 8th St.16A-89 CASELOAD SUMMARY SHEET City of Aspen-135_ I 7 -3 — a5--b} DATE RECEIVED: 3/9/89 PARCEL ID AND CASE NO. DATE COMPLETE: Weal 16A -89 STAFF MEMBER: 13 PROJECT NAME: Villa of Aspen Townhouses Insubstantial PUD Amendment Project Address: Legal Address: APPLICANT: Villa of Aspen Townhouses Applicant Address: Box 9166 Aspen. CO 81612 REPRESENTATIVE: Chuck Frias. Director Representative Address /Phone: PAID: NO AMOUNT: /MOO NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: (trOk 2 STEP: Geo- P&Z Meeting Date ‘k,\ PUBLIC HEARING: YES N� VESTED RIGHTS: YES 0 CC Meeting Date PUBLIC HEARING: YES VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: `'- City Attorney Mtn. Bell School District V City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer _ Zoning _ Env. Health Housing Other: FILE STATUS AND LOCATION: VILLA OF ASPEN TOWNHOUSES BOX 9166 ASPEN, COLORADO 81612 March 1, 1989 Mr. Allan Richman Director Aspen /Pitkin County Planning Office 130 S. Galena Aspen, Colorado 81611 Dear Allan: I am formally requesting the reconsideration of the PUD application previously approved for the Villa of Aspen Townhouses. Last summer we applied for an amended PUD to allow for the enclosure of some of the Villa unit's balcony areas. This application was approve by P & Z and the City Council under certain conditions and has expired while we have worked to comply with the conditions. One of the conditions was that we obtain proper owners approval for this PUD application and associated renovations. This required amending our declarations and that required 100% mortgagee approval. We have had a hard time reaching the mortgagees to accomplish this. We are now two approvals short of having compliance with this requirement of our condominium declarations, previously over 85% of our owners have approved this declaration change as called for in our association documents. We are in the process of revising the plat to comply with the previous PUD application approvals and agree to the other terms as noted in the City Council approval. We appreciate you help in expediting the reconsideration and approval of our PUD application. We hope to commence with construction on our project by mid -May of 1989. Please let me know if there is anything else I can provide for you to obtain the proper approvals for our project. Sincerely, Chuck Frias Director CF /jlp VIki{ cc: Welton Anderson Steve Wickes c BOON J ag \.E FIRST AMENDMENT TO CONDOMINIUM DECLARATION FOR VILLA OF ASPEN TOWNHOUSES ASSOCIATION, INC. The Condominium Declaration for Villa of Aspen Townhouses is hereby amended, pursuant to, and in accordance with, Article XVIII of said Condominium Declaration recorded in Book 268 at Page 81, et seq. of the records of the Pitkin County, Colorado, Clerk and Recorder, which amendments have been approved by the Owners representing an aggregate ownership interest of eighty -five (85 %) percent or more of the Condominium Units, as reflected in the real estate records of Pitkin County, Colorado, and by all of the holders of any mortgage appearing in such records and covering or affecting any or all of the Condominium Units. The following articles and sections of said Condominium Declaration are hereby forever replaced and superceded as hereinafter set forth: Section 5.2: Limited Common Elements. Limited Common Elements shall consist of balconies, decks, patios, terraces, exterior stairways and any yard or yards appurtenant to, and associated with, a particular Townhouse Unit and identified on the Condominium Map with the same number by which such Townhouse Unit is identified on the Condominium Map, and any individual heating equipment appurtenant to, and used in connection with, a particular Townhouse Unit. The Limited Common Elements shall be used in connection with a particular Unit to the exclusion of the use thereof by the other owners of Common Elements except by invitation. Notwithstanding the foregoing, each Owner shall have the right to convert his balcony, deck, patio, or terrace from a Limited Common Element to a portion of the Townhouse Unit by total enclosure of the same constructed in accordance with plans and specifications first approved by the Association, which approval shall not be unreason- ably withheld. Such plans and specifications must be in conformity with the requirements for all enclosures which shall be established by the Association before any Owner shall have the right to convert the Limited Common Element to part of the Townhouse Unit. Following substantial completion of the construction of each such enclosure and prior to issuance of a certificate of occupancy therefor, the Owner shall cause to be prepared a supplement to the Condominium Map in accordance with the requirements of the Condominium Declaration and Colorado Condominium Ownership Act and shall cause the same to be filed for record with the Pitkin County Clerk and Recorder. Upon such recording the conversion from Limited Common Element to Townhouse Unit shall be complete. An Owner's rights and obligations with respect to the Project shall not be increased, diminished, or in any way affected by such conversion of a Limited Common Element to part olmthe -tt Townhouse Unit. _� W to Nf' z< AD t mo O ill ) w O N X um i0 BOON O upz if ` This First Amendment to Condominium Declaration for Villa of Aspen,T wn ouses Association, Inc. is executed on this ,5 day of , 1989. VILLA OF ASPEN TOWNHOUSES ASSOCIATION, INC., a Colorado ATTEST: Corporation ,/ /;. By: \ \ 'y�I 2 t-t } k‘ -4- { - , ecretary President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing First Amendment to Condominium Declara- tion of Villa of Aspen Townhouses Association, Inc. was acknowledged }were e this day of 1989 by �!�� -h President and ln/j a ( /e 1 as Secretary of Villa of Aspen Townhouses Association, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: 0.2- 5 - 9a r ' % k.P.t,r { • -ry Public '� x 6 IC. . i ♦ 7i / . / . 0 y BJK1O /66 � ,. ^ CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3 9 89 PARCEL ID AND CASE NO. DATE COMPLETE: 3 ac? ra 16A -89 STAFF MEMBER: j94_ PROJECT NAME: Villa of Aspen Townhouses Insubstantial PUD Amendment Project Address: Legal Address: APPLICANT: Villa of Aspen Townhouses Applicant Address: Box 9166 Aspen, CO 81612 REPRESENTATIVE: Chuck Frias, Director Representative Address /Phone: PAID: ECESDNO AMOUNT: '/o0,0-0 NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: / 1 STEP: 2 STEP: P &Z Meeting Date 4- 11q PUBLIC HEARING: YES NO � VESTED RIGHTS: YES NO (/ CC Meeting Date /16 PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: �/ Paid: Insubstantial Amendment or Exemption: i/\ Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: 9 % 7 i // 9 / INITIAL: V City Atty / City Engineer Zoning Env. Health Housing Other: �Q��� � FILE STATUS AND LOCATION: /{L& -'z , - Case Disposition The PUD Plat for the Villas of Aspen Townhomes was reconsidered by the P &Z on April 4 and the Aspen City Council on April 10. Both bodies approved this item on their consent agenda. The original conditions of approval, attached hereto, remained unchanged and no new conditions were added to the project. W Ar CASE DISPOSITION Villas of Aspen Townhouses PUD Amendment approved with the following conditions: o Any landscape material destroyed during construction will be replaced with comparable or better material. o Prior to the issuance of a building permit the applicant shall, to the satisfaction of the Engineering Department, submit a Final Plat which conforms to the requirements of the Municipal Code. o Prior to issuance of a Building Permit the Applicant shall provide a resolution of the Board of Directors approving the Plan as submitted. o The proposed carports are not approved and must be deleted from the amended plat. MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Director Iv"\ RE: Reconsideration of Villa of Aspen Townhomes PUD Amendment- Consent Agenda Item DATE: March 27, 1989 On July 25, 1988, the Aspen City Council granted final approval to a PUD Amendment application for the Villa of Aspen Townhomes. The principal purpose of the amendment was to permit enclosure of some of the project's balconies. It has been more than 180 days since this approval was granted and the revised PUD plat has not been recorded. The applicant explains that this delay has been due to having to obtain approval of 100% of the project's mortgagee's. Pursuant to Section 7 -906 of the Aspen Land Use Regulations, the approval has expired and must be reconsidered by the P &Z and City Council. There have been no significant changes in community conditions or regulations which would require that the prior approval be revised or overturned. Therefore, we recommend that Council consent to staff's recommendation that the approval be granted anew, with the same conditions as were previously applied, which are listed on the attached case disposition sheet. This action would be consistent with that of the P &Z, which recommended on April 4 that the reconsidered project be approved. villas E CASE DISPOSITION Villas of Aspen Townhouses PUD Amendment approved with the following conditions: o Any landscape material destroyed during construction will be replaced with comparable or better material. o Prior to the issuance of a building permit the applicant shall, to the satisfaction of the Engineering Department, submit a Final Plat which conforms to the requirements of the Municipal Code. o Prior to issuance of a Building Permit the Applicant shall provide a resolution of the Board of Directors approving the Plan as submitted. o The proposed carports are not approved and must be deleted from the amended plat.