HomeMy WebLinkAboutLanduse Case.CO.111 W Hyman Ave.A097-00 CASE NUMBER A097 -00
PARCEL ID # 2735- 124 -69003
CASE NAME West Shadow Mountain Townhomes Condominiumization
PROJECT ADDRESS 111 & 113 W. Hyman
PLANNER James Lindt
CASE TYPE Condominiumization
OWNER/APPLICANT William Snare
REPRESENTATIVE Michael Herron
DATE OF FINAL ACTION 11/2/00
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION Approved and Recorde
BOA ACTION
DATE CLOSED 11/2/00
BY J. Lindt
MEMORANDUM
To: James Lindt, Planner
From: Ben Ludlow, Project Engineer i._
Date: August 23, 2000
Re: West Shadow Mountain Townhomes Condominiums
1. All onsite - parking areas need to be shown including designated Parking Spots for
each unit. If the parking is in a garage area then this needs to be noted on the plat
2. The trash storage area encroaches onto the alley on the southwest corner of the lot.
This encroachment into the Public Right of Way needs to be removed as a condition
of approval of the plat by the City Engineering Department. The trash storage should
be 100% contained on site.
3. Pursuant to the City of Aspen Municipal Code, on site snow storage for each unit
needs to be shown on the plat. The snow storage is not allowed in the Public Right
of Way.
RONALD GARFIELD
-.AFIELD t ll CI , ll 601 EAST HYMAN AVENUE
ANDREW V. HECHT` ATTORNEYS AT LAW ASPEN, COLORADO 81611
MICHAEL J. HERRON3 TELEPHONE
DAVID L. LENYO E-mail: (970) 925 -1936
MATTHEW C. FERGUSON' atty @garfieldhecht.com TELECOPIER
CHRISTOPHER J. LACROIX' 5 (970) 925 -3008
CHAD J. SCHMIT4 Website:
www.garfieldhecht.com 110 MIDLAND AVENUE
SUITE 201
BASALT, COLORADO 81621
TELEPHONE
(970) 927-1936
TELECOPIER
October 31, 2000 (970) 927 -1783
Via Hand Delivery
James Lindt, Assistant City of Aspen Planner
Aspen /Pitkin Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: West Shadow Mountain Townhomes Condominiums
Dear James:
In connection with the above enclosed you will find the following:
A. Our firms check made payable to the Clerk and Recorder in the amount of
$ 30.00;
B. Two mylars of the plat for the above referenced condominium executed by the
owners and Pitkin County Title, Inc.;
C. Original powers of attorney for William and Margaret Snare to their son
authorizing him to execute the plats.
When the plat is recorded the powers of attorney should be simultaneously recorded.
Should you have any questions please contact me. I would appreciate hearing from you
when the plat is delivered to the Clerk and Recorder's office for recordation.
I. also admitted to 2. also admitted to 3. also admitted to 4. also admitted to 5. also admitted to
New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ® Printed on recycled paper
C
GARFIELD & RECUT, P.G.
James Lindt, Assistant City of Aspen Planner
Aspen /Pitkin Community Development Department
October 31, 2000
Page 2
I thank you for your assistance in this regard.
Very truly yours,
GARFIELD 81 HECHT, P.C.
By.
Michael J. Herron
MJH /sIs
Enclosures
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130 S. Galena St.
Aspen CO 81611 Aspen/Pitkin
(970) 920 -5090 Community
(970) 920-5439, fax
Development
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RECEIVED
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GARFIELD 81 HECH T, IP.. C. COM A ASPEN / RIPON
F FI fl MFNT NUE
RONALD GARFIELD'
ANDREW V. HECHT ATTORNEYS AT LAW ASPEN, COLORADO 81611
MICHAEL I. HERRON3 TELEPHONE
DAVID L. LENYO E -mail: (970) 925 -1936
MATTHEW C. FERGUSON' atty @garfieldhecht.com TELECOPIER
CHRISTOPHER J. LACROIX'-5 (970) 925 -3008
CHAD J. SCHMIT4 Website:
www.garfieldhecht.com 110 MIDLAND AVENUE
SUITE 201
BASALT, COLORADO 81621
August 7, 2000 TELEPHONE
(970) 927 -1936
TELECOPIER
(970) 927 -1783
By: Hand Delivery
Mr. James Lindt
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Condominiumization of West Shadow Mountain Townhomes Condominium
Dear James:
In connection with the above and our Pre - application Conference Summary held on
July 6, 2000, 1 enclosed the following:
A. Copy of Pre - Application Conference Summary;
B. Land Use Application for such Condominiumization;
C. Fee to the Apsen Community Development Department in the amount of
$435.00;
D. Consent for Representation from the owners of the two townhomes involved;
E. Two copies of the proposed Condominium Plat; and
F. Commitment for Title Insurance reflecting ownership of the property in
William D. Snare and Margaret W. Snare and to Theordora H. Ives.
I. also admitted to 2. also admitted to 3. also admitted m 4. also admitted to 5. also admitted to
New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ® Printed on recycled paper
GARFIELD & HECHT, P.C.
Mr. James Lindt
August 7, 2000
Page 2
Please advise whether you require any further documentation or information in
connection with this application. Once it has been approved, I will arrange for the mylars
to be executed and delivered to the City.
Very truly yours,
Michael J. Herron
MJH /dd
Enclosures
cc: Scott Snare (w /o encl.)
Theodora Ives, via fax (w /o encl.)
M: \mictemp \MJH \Ives, Theodora \Lindt.ltr.wpd
MEMORANDUM
TO: Plans }3cere routed to those departments checked -off below:
City Engineer
O Zoning Officer
O Housing Director
O Parks Department
O Aspen Fire Marshal
O City Water
O Aspen Consolidated Sanitation District
O Building Department
O Environmental Health
O Electric Department
O Holy Cross Electric
O City Attorney
O Streets Department
O Historic Preservation Officer
O Pitkin County Planning
FROM: James Lindt, Planning Technician
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone - 920.5104 Fax- 920.5439
RE: West Shadow Mountain Townhomes Condominiumization
111 and 113 W. Hyman Ave.
Parcel ID #2735- 124 -69 -003
DATE: August 10, 2000
COMMENTS: No DRC needed unless Engineering requests it. Please return
comments to me by August 24th.
Thank You,
James Lindt
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: April 28, 2000 at 8:30 AM
Case No. PCT13116PR
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992 Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
PROFORMA
(b) ALTA Loan Policy -Form 1992 Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
Tax Certificate: $10.00
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:
WILLIAM D. SNARE AND MARGARET W. SNARE, AS TO AN UNDIVIDED ONE -HALF INTEREST AND
THEODORE H. IVES, AS TO AN UNDIVIDED ONE -HALF INTEREST
4. The land referred to in this Commitment is situated in the County of State of COLORADO and is described
as follows:
The East one -half of Lot E, all of Lots F and G,
Block 61,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC. Schedule A -PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
970 -925 -1766 Provisions and Schedules
970- 925 -6527 FAX A and B are attached.
AUTHORIZED AGENT
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:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS
NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
•
•
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 Deeds from the City of Aspen recorded in Book 59 at Page
561, Book 59 at Page 392 and in Book 59 at Page 135 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. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full
Subdivision Process recorded January 29, 1980 in Book 382 at Page 858.
9. Terms, conditions, provisions and obligations as set forth in Covenants as set forth in instrument recorded
January 29, 1980 in Book 382 at Page 860.
10. Terms, conditions, provisions and obligations as set forth in Covenants as set forth in instrument recorded
December 9, 1980 in Book 401 at Page 229.
11. Terms, conditions, provisions and obligations as set forth in Occupancy, Use and Maintenance Agreement,
contained in deed recorded December 22, 1980 in Book 401 at Page 994.
12. Terms, conditions, provisions and obligations as set forth in Right of First Refusal, contained in deed
recorded December 22, 1980 in Book 401 at Page 994.
13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded January 29,
1980 in Plat Book 8 at Page 79.
14. Terms, conditions, provisions and obligations as set forth in Deed Restriction recorded December 28, 1995
in Book 803 at Page 392.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Deed of Trust from : WILLIAM D. SNARE AND MARGARET W. SNARE
To the Public Trustee of the County of
For the use of : NORWEST MORTGAGE, INC.
Original Amount : $ 815,500.00
Dated : July 22, 1998
Recorded : July 23, 1998
Reception No. : 419743
•
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. PCT13116PR
A and B are attached.
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: James Lindt, 920.5104 1 DATE: 7.6.00
PROJECT:
REPRESENTATIVE: �J1P -_1 - l�
OWNER:
TYPE OF APPLICATION: Subdivision exemption for Condominiumization
DESCRIPTION: Condominiumization of existing platted land and house
Land Use Code Section(s)
26.480.090 Condominiumization
26.304 Development Review Procedures
Review by: Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
Public Hearing: No.
Referral Agencies: Engineering
Planning Fees: Planning Flat Fee $265
Referral Agency Fees: Engineering $170
Total Deposit: $435
To apply, submit the following information:
1. Total deposit for review of the application.
2. Proof of ownership.
3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name,
address and telephone number of the representative. Include street address and legal description of the property.
4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the
Land Use Code sections listed above.
5. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
6. Old (existing) plat if one exists.
7. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080
8. Copies of prior approvals (from City Clerk)
9. 2 Copies of the complete application packet (items 2 -8)
Process:
Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 2 -3 weeks later planner
will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor
makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with
Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency
with the review criteria and technical considerations. Plat is then signed by City Engineer. Applicant records the final
plat at the County Clerk and Recorder (fee).
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.
LAND USE APPLICATION
PROJECT:
Name: WEST SHADOW MOTTNTATN TOWNHOMES CONDOMTNTITM
Location: 111 & 113 West Hyman Avenue, Lot 2 Hyman Street, Duplex Subdivision
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name: William D. & Margaret W. Snare
Address: 111 West Hyman Avenue, Aspen, Colorado 81611
Phone #: (970) 920 -9707
*See Addendum
REPRESENTATIVE:
Name:, Michael J. Herron
Address Garfield & Hecht. P.C. 601 E. Hyman Avenue. Aspen. CO 81611
Phone #: (970) 925- 1936
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.)
Tnratinn of an existing duplex
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Condominiumization of such duplex
Have you attached the following? FEES DUE: $ 435.00
❑ Pre - Application Conference Summary
❑ 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
CONSENT FOR REPRESENTATION
THE UNDERSIGNED HEREBY, consent for Michael 3. Herron of the law firm of
Garfield at Hecht, P.C. to represent them in connection with the condominiumization of the
West Shadow Mountain Townhomes Condominiums located at 111 and 113 West Hyman
Avenue, Aspen, Colorado.
Theodora Ives
William D. Snare
by Power of Attorney dated March 28, 2000
argaret W. Snare
by Power of Attorney dated March 28, 2000
M:\mictemp \MJH \Ives, Theodora \Consent for Representation.wpd
Sent By: A S; 858 459 7446; Jul -24 -C 0:45AM; Page 2/2
3UL 24.2000 10:5!AM GARFIELD HECHT NO.ISI2 P g
CONSENT FOR REPRESENTATION
THE UNDERSIGNED HEREBY, consent for Michael 1. Herron of the law firm of
Garfield at Hecht, P.C. to represent them in connection with the condominiumlzation of the
West Shadow Mountain Townhomes Condominiums located at 111 and 113 West Hyman
Avenue, Aspen, Colorado.
j J /, 1 ea, `Theodora Ives 9 3)
William D. Snare
by Power of Attorney dated March 28, 2000
Margaret W. Snare
by Power of Attorney dated March 28, 2000
M: \mjctemp\M1H \Ives, Theodora \Consent for RepresentaNOn.wpd