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HomeMy WebLinkAboutlanduse case.lodge lottery.130 W Cooper Ave.A31-97 CASFT OAD SUMMARY SHEET - CITY OF kSPEN DATE RECEIVED: 4/25/97 CASE# A31-97 DATE COMPLETE: STAFF: Julie Ann Woods PARCEL ID# 2735-124-69-005 PROJECT NAME: Fireside Lodge/1997 Small Lodge Conversion Lottery Project Address: 130 W. Cooper Ave, Aspen APPLICANT: Fireside Lodge Address/Phone: 130 W. Cooper Ave. Aspen OWNER: same Address/Phone: REPRESENTATIVE: Sonny Vann Address/Phone: 230 E. Hopkins Ave. Aspen 925-6958 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $0 PLANNING $ #APPS RECEIVED 2 ENGINEER $0 ENGINEER $ #PLATS RECEIVED 2 HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ . CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $0 TOTAL RCVD $0 Staff Approval Review Body Meeting Date Public Hearing ? P&Z ❑Yes ❑No CC ❑Yes ❑No CC (2nd reading) ❑Yes FNo l'irtruvC REFERRALS: Tay- 2-- w� [' City Attorney ❑ Aspen Fire Marshal ❑ CDOT ❑ City Engineer(DRC) ❑ City Water ❑ ACSD hl`- ■... ❑ Zoning ❑ City Electric El Holy Cross Electric ❑ Housing ❑ Clean Air Board ❑ Rocky Mtn Natural Gas -------- ❑ Environmental Health ❑ Open Space Board ❑ Aspen School District ❑ Parks ❑ Other: ❑ Other: DATE REFERRED: INITIALS: DATE DUE: APPROVAL: Ordinance/Resolution # Date: Staff Approval Date: Plat Recorded: Book , Page CLOSED/FILED DATE: y/4/) t INITIALS: 4 ROUTE TO: ,,e,L_,(._ , v VANN ASSOCIATES Planning Consultants April 24, 1997 HAND DELIVERED Ms. Julie Ann Woods, Deputy Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Fireside Lode/1997 Small Lodge Conversion Lottery Dear Julie Ann: Please consider this letter an application for an allocation in the 1997 Small Lodge Conversion Lottery for the Fireside Lodge, which is located on Lots K, L, M, N, 0 and P, Block 61, City and Townsite of Aspen (see Exhibit 1, Land Use Application Form, attached hereto). The Fireside Lodge's physical address is 130 West Cooper Avenue. The application is submitted by the prospective purchaser of the property, Fireside Townhomes, LLC, a Colorado limited liability company (see Exhibit 2, Title Insur- ance Commitment). Permission for Fireside Townhomes, LLC, to submit the application has been granted by Peter and Monica Mocklin, the property's current owners (see Exhibit 3). Permission for Vann Associates to represent the Applicant is attached as Exhibit 4. A vicinity map depicting the location of the fireside Lodge is attached as Exhibit 5. As you know, the Applicant received an allocation for four, 4-bedroom, residential dwelling units in the 1996 Small Lodge Conversion Lottery. An application for a growth management quota system exemption and subdivision approval for the development of the four units as the Fireside Townhomes has been submitted to the City and is presently awaiting review by the Planning and Zoning Commission. This application requests an allocation for two additional bedrooms which the Applicant may elect to incorporate within the project. The successful receipt of the requested allocation will allow the Applicant to provide two of the Fireside Town- homes' four units with an additional bedroom in the event a prospective purchaser wishes to convert a portion of his unit's non-bedroom space (e.g., recreation area, office, etc.) to a sleeping area. In the event that one or both of the additional bedrooms is not incorporated in the project within the applicable time limit, the 230 East Popkins Avenue • Asper, Colorado 81611 • 970i925-6958 • Fax 970/920-9310 Ms. Julie Ann Woods April 24, 1997 Page 2 allocation will be forfeited and available for award in a future lottery as provided for in the Land Use Regulations. The award of two additional bedrooms to the Fireside Townhomes will have no material affect on the project's existing design or on its compliance with the applica- ble requirements of the R/MF zone district. As the attached table from the Fireside Townhomes' GMQS exemption application indicates (see Exhibit 6), sufficient lot area exists to accommodate two additional bedrooms for density purposes. The inclusion of the additional bedrooms will not increase the project's floor area or off- street parking requirement. In addition, no change in the project's external architec- tural design or building footprint will be required. The only changes that would occur would be in the internal configuration of the affected units. Under the circumstances, such changes would not ordinarily be subject to regulatory review. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VAN._ ASSOCIATES unny Vann, AICP SV:cwv Attachments cc: Sam Houston Arthur C. Daily, Esq. c:\bus\city.app\app33896.1ot LAM E APPLIC=N 7enc/f4int0440: EXHIBIT 1 1) PrOject Nam 2) Prtjt loca. / eAc57s (itdicita address, lot & block =ter, legal-clescricn 1,4oecce approcriata) 3) Present Zoning /7/4--/P 4) lot Size /e:55 5) Acrlir--"mit's Name, kidress Rbom sO',67rAr./Z/VA-14/47/41/ :,46/W1S/ 6) Re==senivels Name, Address & 3orn ' ----WA/Y 1/1{4/ 411# 757A/ v#: 7) Type cce Am_:uncatJm (please cbeotjali that apciy) Use C:crr-t-. aiSZae- . Sce=:,a1 Review ra I SPA Fir2.1 8040 a1::_r• R71) 24:1= Stmami r ii Notrit:ain View Mane visiai Dasigron - Condommini Ten&..,/Map ? r !-± as.ff It sclit/Lt 0 --Age..L6n/r Q tai kjitt Go 7-7-g-/Ty ) cf ant L of Ecr._ at=:=ata sa. ft.. ; rixotEm- of any previous ap=vaiS g=t2C1 te. zdev-),6 zeliex.,&7764.4., r 5 s'ee ,.*.- /7 -7-14 9) Des=_Ipon cf Developbeot Appli=tis:n C646_ 10) Eave-yaa at•- bed the follo ? Resporne to Attactzeist±. 2, Minimi= &I:mission Coritar: Resconse to A - nt 3, SpeclfaC S±: 1 ssion caitt • Resptome to Attnotnent 4, Review StaWards for Y ? 3i- ti . _ _ EXHIBIT B °"'' . EXHIBIT 2 :.en Commitment for Title Insurance Fidelity National Title Insurance Company • A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY,a Corporation,herein called the Company,for valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A, in favor of the proposed insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefore;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six(6)months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF,the Company has caused this Commitment to be signed and sealed,to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date.' � Fidelity National Title Insurance Company ,ott BY 7-7 / -(:(1 SEAL s President • ATTEST Countersigned L � Secretary Authoriz_r _na re FORM 27-83-66(9/94) ALTA COMMITMENT-1966 Valid Only if Schedule A and B are Attached • The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s).Therefore,no policy(s)will be issued until the charges have been remitted to the issuing agent. • 12AFNT • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 . Effective Date : 10/01/96 at 08 : 30 A.M. Case No . PCT11298 2 . Policy or Policies to be issued : (a) ALTA Owner ' s Policy-Form 1992 . Amount$ 2 , 600 , 000 . 00 Premium$ 4 , 824 . 00 Proposed Insured: Rate : STANDARD SAM HOUSTON (b) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured: Rate : Tax Certificate $20 . 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 : PETER MOCKLIN and MONICA MENGA MOCKLIN 4 . The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows : LOTS K, L, M, N, 0 AND P, BLOCK 61 , CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY OF CALIFORNIA By: 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 • • N7 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 : 1 . Re-recordation of Deed recorded January 8 , 1996 as Reception No . 388956 from Peter Mocklin to Peter Mocklin and Monica Menga Mocklin, to show City of Aspen Real Estate Transfer Tax Stamp or Exemption . 2 . Deed from : PETER MOCKLIN and MONICA MENGA MOCKLIN To : SAM HOUSTON 3 . Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No . 20 (Series of 1979) and Ordinance No . 13 (Series of 1990) has been paid or exempted . 4 . Certificate of nonforeign status executed by the transferor (s) . (This instrument is not required to be recorded) 5 . Evidence satisfactory to the Company that the Declaration of Sale , Notice to County Assessor as required by H.B . 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 6 . Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons , corporations and firms selling Real Property in the State of Colorado . (This instrument is not required to be recorded) • • T 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, enchroachments, 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 49 at Pace 283 , Book 59 at Page 211 , and Book 79 at Page 28 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" . This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No . PCT11298 A and B are attached. • "NT 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 ' 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 . PCT11298 A and B are attached. EXHIBIT 3 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Authorization to Submit Small Lodge Applications Ladies and Gentlemen: Please consider this letter authorization for Sam Houston and/or his authorizeed representatives to submit a Small Lodge Conversion Lottery Application and a Small Lodge Change in Use Application for the property at 130 West Cooper Avenue, Lots K, L, M, N, 0 and P, Block 61, City and Townsite of Aspen, commonly known as the Fireside Lodge. Mr. Houston and/or his representatives are hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applications, and we hereby join as co- applicants in such applications. Sincerely, //1C,'1. /7/4 MockiirX� jj` P t`6r"M'ockiin Date: November 1, 1996 EXHIBIT 4 • Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Permission to Represent Ladies and Gentlemen: Please consider this letter authorization for Arthur C. Daily, Esq., of Holland & Hart LLP, and/or Sunny Vann of Vann Associates, to represent us in the processing of our Small Lodge Conversion Lottery Application and our Small Lodge Change in Use Application for the property at 130 West Cooper Avenue, Lots K, L, M, N, 0 and P, Block 61, City and-Townsite of Aspen, commonly known as the Fireside Lodge. Mr. Daily and/or Mr. Vann are hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned applications. Sincerely, Sardriouston and/or assigns Date: November 1, 1996 . . 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Existing Zoning R/MF, Residential/Multi-Family, Lodge Preservation Overlay 2. Total Site Area (Sq. Ft.)1 18,000 3. Minimum Required Lot Area/Dwelling Unit (Sq. Ft.) Multi-Family Units with more 1,000/Bedroom than 3 Bedrooms 4. Minimum Required Lot Area (Sq. Ft.) 4 - 4 Bdrm. Units @ 1,000 Sq. Ft./ 16,000 Bedroom 5. Minimum Required Setbacks (Feet) Front Yard'- 10 Side Yards 5 Rear Yard 10 6. Proposed Setbacks (Feet) Cooper Avenue Front Yard 16 First Street Side Yard 8.5 East Side Yard 6.5 Rear Yard 10 7. Maximum Allowable External Floor 18.000 Area @ 1:1 (Sq. Ft.) 8. Proposed Floor Area (Sq. Ft.) 17,930 Basement 660 Ground Floor 8,520 Second Floor 8,750 9. Minimum Required Open Space @ 35 6,300 Percent Lot Area (Sq. Ft.) 16 10. Proposed Open Space (Sq. Ft.) 6,400 11. Minimum Required Parking @ 2 Spaces/ 8 Dwelling Unit 12. Proposed Parking Spaces 8 All square footages have been rounded to the nearest ten square feet. 2 On a lot bordered by two intersecting streets, the owner may choose which yard is to be considered the front yard. The remaining yard bordering a street may be reduced by one-third of the required front yard setback.