HomeMy WebLinkAboutcoa.lu.co.400 w hopkins 0074.2009 c 1
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0074. 2009 .ASLU
PARCEL ID NUMBER 2735 124 50 012
PROJECTS ADDRESS 400 W. HOPKINS AVE
PLANNER JENNIFER PHELAN
CASE DESCRIPTION CONDO MAP AMENDMENT
REPRESENTATIVE ALAN RICHMAN
DATE OF FINAL ACTION 312.17.10
CLOSED BY ANGELA SCOREY ON: 04.07.11
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En 3613,r4o/!e«, ealaueda 21612 244«e/Paz (970)920 -1125 andoneC «Q7Cnnee.«et
November 3, 2009 RECEIVED
NOV 03 2009 •
Mr. Drew Alexander, Planner CITY 01 ASPEN
City of Aspen Community Development Department COMMUNITY DEVELOPMENT
130 South Galena Street
Aspen, Colorado 81611
RE: SECOND AMENDMENT TO CONDOMINIUM MAP FOR SCOTT BUILDING
Dear Drew,
This is an application to amend the condominium map for the Scott Building, located at
400 West Hopkins Avenue (the corner of South Third Street and Hopkins Avenue). The
property was originally described as Lots K through S, Block 38, City and Townsite of
Aspen. The property was subdivided by the Aspen City Council in June, 1977 as the
Scott Building Subdivision, which created eight (8) condominium units. The Final Plat and
Condominium Map of the Scott Building Subdivision is recorded in Plat Book 6 at Page
13 of the Pitkin County Records. The first amended plat is recorded in Plat Book 14 at
Page 34. The property is zoned R/MF (Residential /Multi - Family).
This application is being submitted by Russell Scott III, Attorney -in -Fact for Ms. Mary
Hugh Scott (hereinafter, "the applicant "), the owner of the property. Proof of the
ownership of the property is provided by Exhibit #1, the commitment for title insurance.
Authorization for Alan Richman Planning Services and Sarah Oates to represent the
property owner for this application is provided by Exhibit #2.
You provided us a Pre - Application Conference Summary (see Exhibit #3) which states
that the following review procedures are required to condominiumize this property:
Condominiumization, pursuant to Section 26.480.090.
The pre - application form and the referenced Code section list the required contents of an
application for condominiumization. In response to these requirements, the applicant is
hereby submitting the attached second amendment to the final plat and condominium
map illustrating the proposed amendments to the condominium units. The plat conforms
to the requirements of Sec. 26.480.090 B.1 of the Land Use Code.
The certificate of conveyance on the plat lists the amendments that are being made to the
condominium map, which can be summarized as follows:
•
Mr. Drew Alexander
November 3, 2009
Page Two
1. Units 6 and 7 are being combined into a single unit, to be known as Unit 6/7.
2. The actual locations of the walls comprising former limited common elements
appurtenant to Units 5, 6, 7 and 8 are shown. These areas are to become a part
of Unit 6/7.
3. The designations of the areas designated as "spa" and "study" have been modified
such that they are being made a part of Unit 8.
4. The areas designated as "common space" is being confirmed to be a general
common element.
With respect to the first item listed above, I attach as Exhibit #4 a copy of a letter I wrote
to Chris Bendon, the City of Aspen Community Development Director, dated August 6,
2009. That letter demonstrates that Units 6 and 7 have historically been occupied as a
single dwelling unit. At no time were these units rented or leased and at no time were
they occupied as separate dwelling units. Therefore, Chris confirmed that the provisions
of Sec. 26.470.070.5 of the Code, Demolition or Redevelopment of Multi - Family Housing
will not be triggered by the combination of these two units. Chris went on to recommend
that an amended condominium map be filed to re- assemble the two units into one unit.
This plat is being submitted to comply with that recommendation.
I believe the above represents the materials required for the Community Development
Department and the City Engineer to process this request. Please let me know if there is
anything else you will need.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
'1✓ r
EXHIBITS
C EXHIBIT #1 J
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: July 15, 2009, at 7:30 A.M. Order Number: 914826
2. Policy or Policies To Be Issued: Amount of Insurance
(a) A.L.T.A. Owner's (Extended) $1,637,500.00
Proposed Insured:
KEVIN KIRVIDA
(b) A.L.T.A. Loan
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4, Title to the referenced estate or interest in said land is at the effective date hereof vested in:
MARY HUGH SCOTT
5. The land referred to in this Commitment is described as follows:
Condominium Units 6 and 7
SCOTT BUILDING SUBDIVISION, A CONDOMINIUM
According to the Map thereof recorded in Plat Book 6 at Page 4 and in Plat Book 6 at Page 13 and
First Amended Plat recorded in Plat Book 14 at Page 34 and as defined and described in the
Condominium Declaration recorded July 7, 1972 in Book 331 at page 510 as Reception No. 195691
COUNTY OF PITKIN, STATE OF COLORADO
Purported Address: Statement of Charges:
400 West Hopkins 6 &7 These charges are due and payable before a Policy can
Aspen, Colorado 81611 be issued:
Standard Rate
2006 Owner's Policy: $3316.00
Owner's Extended $150.00
Coverage:
Tax Certificate: $20.00
Order Number 913636 ` - ,art
ALTA Commitment (W17/06) — Schedule A
Title Officer: Linda Williams t vV he guaranty company
Page I of 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 914826
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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and 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
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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
10. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the
City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No.
60156.
11. Reservations and exceptions contained in the Deeds recorded in Book 106 at Page 221 and 222 as
follows:
The full free and perpetual right to dig, work, search for mine and remove all ore and mineral
bearing rock and earth underneath subject property, as to Lots Q and S, Block 38, City of Aspen.
12. Terms, conditions, obligations and restrictions as set forth in letter from the City of Aspen
Order Number: 914526 Stewart
ALTA Commitment (6/17/06)- Schedule B 2
Page 1 of 2 title guaranty company
recorded September 14, 1976 in Book 316 at Page 593 as Reception No. 186381.
13. Terms, conditions and restrictions as set forth in Deed recorded August 22 1962 in Book 198 at
Page 598 as Reception No. 113897, and in Amended Covenant recorded February 22, 1972 in
Book 261 at Page 507 as Reception No. 150093, and in Approval recorded March 9, 1972 in Book
261 at Page 866 as Reception No.150383.
14. Condominium Declaration for Scott Building Condominiums recorded July 7, 1977 in Book 331
at Page 510 as Reception No. 195691.
15. All matters as shown and depicted on the Plat for Scott Building Condominiums recorded in Plat
recorded in Plat Book 6 at Page 4 August 8, 1977 in Plat Book 6 at Page 13 as Reception No.
196457 and Amended Plat recorded February 4, 1983 in Plat Book 14 at Page 34 as Reception No.
248710.
16. Any and all leases and tenancies.
Order Number: 914826 `�.rYYW
ALTA Commitment (6/17/06)— Schedule 13 2
Page 2 of 2 -title guaranty company
EXHIBIT #2
RUSSELL SCOTT III
& COMPANY, LLC
„ i
r«<I) f rl
August 31,2009
Mr. Drew Alexander, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: AMENDMENT TO CONDOMINIUM MAP FOR SCOTT BUILDING
Dear Mr. Alexander,
We hereby authorize Alan Richman Planning Services and Sarah Oates to act as our
designated representatives with respect to the land use application being submitted to
your office for an amendment to the condominium map for the Scott Building, located at
400 West Hopkins Avenue. Mr. Richman and Ms. Oates are authorized to submit an
application for condominiumization. They are also authorized to represent us in meetings
with staff and the applicable decision - making bodies.
Should you have any need to contact us during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the land use application.
In addition please carbon copy all correspondence to these respective emails
Rusty an-rs3co.com and Gwen(a.rs3co.com. Thanks.
Sincerely, AA/DR
/
Russell Scott III
Attorney -In -Fact for Ms. Mary Hugh Scott
303 783 12310
303808 2715c
5420 So. Quebec Street, Suite 200 • Greenwood Village, CO 80111 • 303 - 783 -1231 • Fax: 303 - 783 -1211
EXHIBIT #3 3
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 429 -2739 • DATE: 08/28/09
PROJECT: 400 W. Hopkins Avenue
APPLICANT: Mary Hugh Scott
REPRESENTATIVE: Sarah Oates, 970- 920 -1700
TYPE OF APPLICATION: Amendment to Condominium Map, Condominiumization
DESCRIPTION:
The prospective Applicant would like to combine two existing condos in the property located at 400 W. Hopkins
Avenue. This pre -app summary is specifically for the condominium map amendment required by the combination
of units along with a proposal to remove an LCE that is currently shared by Units 5, 6, and 7. The LCE would
become part of the ownership for the combined units.
This type of review is administrative and no public hearing is required. Below is a link to the Land Use application
Form for your convenience.
http://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
Review by: - Staff for complete application
- Community Development Director for Condominiumization
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235
per hour)
Referral Fees: None
Total Deposit: $735.00
Total Number of Application Copies:
Subdivision and associated reviews: 2 Copies
To apply, submit the following information:
fl Total Deposit for review of application.
O 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.
n 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.
CI Proof of ownership.
El Completed Land Use Application.
D Signed fee agreement.
3
Pre - application Conference Summary.
O An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
O Proposed condominium plat.
O A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
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.
EXHIBIT #4
Alan Reeknaa C pQsnot, .Se
ea. 3613 Alamo, (?olmrada 11612 Pose /?ax (970)920 -1125 aueasxa.c@aaliva.`cet
August 6, 2009
Mr. Chris Bendon, Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: SCOTT BUILDING CONDOMINIUM UNITS 6 & 7
Dear Chris,
Thank you for agreeing to meet with me to discuss units 6 & 7 of the Scott Building
Condominiums. I represent Mary Hugh Scott and her two sons, who are the owners of
the subject units. The family recently entered into a contract to sell units 6 & 7 to an
individual who intends to substantially remodel the two units and to occupy them a single
dwelling unit. My clients are seeking a determination of whether the purchaser's
proposed remodel will trigger the provisions of Section 26.470.070.5 of the Land Use
Code, Demolition or Redevelopment of Multi- Family Housing, and require the provision of
affordable housing. Following is some background information to help you to make this
determination.
1. The Scott Building is located at 400 West Hopkins (corner of West Hopkins and
Third Street).
2. The Scott Building Subdivision was approved by the City Council in June, 1977.
The subdivision split the existing building into eight (8) condominium units. A
subdivision agreement documenting the subdivision approval is recorded in Book
333 at Page 118 of the Pitkin County Records.
3. The original occupants of Unit 6 (a two bedroom unit) were Rusty and Joe Scott,
Ms. Scott's sons. Unit 7 (a studio unit that does not contain a kitchen) was used
as a guest bedroom for the family at this time.
4. In July, 1982 the Scott family sold units 4, 6, 7 and 8 to the Robert Franks Trust.
Mr. Franks occupied units 4 & 8 (the top floor) as a single dwelling while his sisters
occupied units 6 & 7 (the middle floor) as a single dwelling. The property was
occupied by them as a vacation home /second home. My clients have informed
me that neither Mr. Franks nor his sisters worked in Aspen or would qualify as
"working residents" of Aspen.
0
Mr. Chris Bendon
August 6, 2009
Page Two
5. In August, 1992 and April, 1993 Ms. Scott re- purchased units 4 & 8 and units 6 &
7, respectively. Ms. Scott initiated an extensive remodel of units 4 & 8. In 1994,
Ms. Kerstin Wynn moved into units 6 & 7. Ms. Wynn receives a salary to be a
"companion" to Ms. Scott. She has no specific job duties other than to travel
abroad with Ms. Scott.
So, in summary, condominium units 6 & 7 have historically been occupied as a single
dwelling unit. The units provided bedrooms for the Scott brothers and guests of the
family, then were occupied by the Franks sisters, and are currently occupied by Ms.
Wynn. At no time were these units ever rented or leased and at no time were they
occupied as separate dwelling units.
Considering this information, I would ask you to confirm that the proposed remodel of the
condominium units as a single dwelling will not trigger the provisions of Sec. 26.470.070.5
of the Land Use Code, Demolition or Redevelopment of Multi - Family Housing. Therefore,
no affordable housing will be required as a condition of said remodel.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
1 confirm that because you have demonstrated that Scott Building Condominium Units # 6
and #7 have historically been occupied as a single dwelling unit and were not rented or
leased to working residents of Aspen, the proposed remodel of the condominium units as
a single dwelling will not trigger the provisions of Sec. 26.470.070.5 of the Land Use
Code, Demolition or Redevelopment of Multi- Family Housing. Therefore, no affordable
housi g will b- required as a condition of�said remodel.
/ / ,% - r rudnnw No" yuv - enzuafrc
C ris Bendon yam cireet- /U ak an Quist
Community Development Director CG+r�lol ininfue rid 76 rutsse.nble
74 livo &{ol k fps aie
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Russell Scott III, Attorney -In -Fact for Ms. Mary Hugh Scott rc ,IC
(hereinafter APPLICANT) AGREE AS FOLLOWS: RECEI • `D
1. APPLICANT has submitted to CITY an application for NOV o a 280$
Condominium Map Amendment for Scott Building
(hereinafter, THE PROJECT). Y{ ¥ /1�
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 determination of application completeness, APPLICANT shall pay an initial deposit in the amount
of $735 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/ i /iii / . -dram Z"
Chris Bendon
Community Development Director Date: • / 0
Billing Address and Telephone Number:
5420 S. Quebec Street, Suite 200
Greenwood Village, CO 80111
303 - 783 -1231
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