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HomeMy WebLinkAboutcoa.lu.ca.233 W Main St.0068-2012 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0068.2012.ASLU PARCEL ID NUMBERS 2735 12 4 54 001 PROJECTS ADDRESS 233 W. MAIN ST PLANNER JENNIFER PHELAN CASE DESCRIPTION APPEAL FOR CITY INTERPRETATION REPRESENTATIVE HOLLAND & HART DATE OF FINAL ACTION 09.24.12 CLOSED BY ANGELA SCOREY ON: 11.8.12 2 00!x.20(2- A-5LU Fly; Edit Record Navi a& Form Repay Format Tab He __ __ _ ___ �...__.._ __ ........................... ...................................." RabngSttus jFees IFeeSur xy nAct AttacmertslRo�gHSary Valuation IArIng !Custoorks 5ubPermts parcels Perrot type sA �spen Land Use a Permit I 0066.2012.ASLU a I, — Addres 33WMANST �� Cy ASPEN date CO _4 z9 81611 x ,PermtInforma6an r Master permit Routing queue aslu0l Applied 10 92012 .z£ Project — Status nding Ppfroyed Desaptan APPLICATION FOR AN APPEAL OF THE CITY OF ASPEN COMDEV DEPT Issued NTERPREATION IN RESPONSE TO AN INQUIRY SUBMITTED ON BEHALF OF BLLEGREEN VACATION UNLINdTED,INC Closedf Final Sub tted HOLLAND&HART 925 9367 Cbj R m Bng Days Eapies 10�20 3 Submi ted y a .'.Owner Last name NNSBRUCK SUITES NUESI; 1 First name 422 E HYMAN AVE ASPEN CO 816111 Phone (614)23&3000 Address Applicant Owned aapplianl? Corkiacloisappicari? Las name HOLLAND&HART First name ARTHLF�C.DRAY 600 E MAN ST '� X104 Phone (910j 925-3461 Cust Y 26341 Address ASPEN CO 81611 ir Lender Las name j� f ....; Fist name t� � Phone O Address: i - S9 bo31�0 AwvAA&� Orb S� Holland & Hart Mr. Arthur C. Daily 600 E. Main Street, Suite 104 Aspen, CO 81611 T October-l8, 2012 HE CITY OF ASPEN. . Dear Mr. Daily,. The city is in receipt of your submittal, tendered on October 9, 2012, proposing an appeal of the city's interpretation regarding Chapter 26.590, Timeshare Development. The interpretation` centered on whether Bluegreen Vacations Unlimited Inc.'s'(Bluegreen) business model complies with requirements of the chapter. Pursuant to Section 26.306.010(F), Appeal, of the city's Land Use Code (LUC), "any person who has made a, request for interpretation may appeal the interpretation." As Bluegreen submitted the request for interpretation, Bluegreen has the sole ability to appeal the issued interpretation. Pursuant to this code section, your clients have no standing to appeal the "interpretation. In addition, the code states that an appeal must be submitted within fourteen days of the issuance of the decision (LUC section 26.316.030(A),. Initiation). The interpretation was issued on July '24; 2012, and delivered to the applicant at that time. Notice of the decision was also published on August 2, 2012. Thus, even if your clients had standing and the time for appeal was calculated from the date of publication, the deadline has passed for filing an appeal. Feel free to contact me if you have any further questions with regard to this matter at jennifer.phelan @ci.aspen.co.us or 429-2759. Sincerely, Jennifer P an Deputy Planning Director 130 SOUTH GALENA STREET ASPEN,COLORADO 81611-1975 PHONE 970.920.5000 FAX 970.920.5197 www.aspengov.com Printed an Recycled Paper Alison E. Eastley HottAND&HART- Associate Phone 970-429-6880 0 T Fax 970-315-3524 AEEastley@hollandhart.com October 11, 2012 VIA HAND DELIVERY City of Aspen Community Development Dept. Chris Bendon, Direcotr 1.,k D-,A Jennifer Phelan, Deputy Planning Director 130 South Galena St. 7 Aspen, CO 81611 1 1 1 2012 C I T u'' A 8 P rE N James R. True, Esq., City Attorney CCU A ik i 3 Y Cn E VE L 0 R I ET Aspen City Hall 130 South Galena St. Aspen, CO 81611 Re: Requested Appcals Fees and Information Relevant to the Appeal of the Insubstantial PUD Amendment and the Appeal of the City Interpretation Dear Mr. Bendon, Ms. Phelan, and Mr. True: Enclosed please find the requested appeals fees for the Appeal of the Insubstantial PUD Amendment and the Appeal of the City Interpretation, sent via email on October 8, 2012. In addition, please find the requested completed and signed "Agreement to Pay Application Fees" and "Attachment 2—Land Use Application." Please know that we received a copy of Mr. Jody Edwards' amended letter of earlier today regarding our Appeal of the City Interpretation and the notice which was published in August in the Aspen Times Weekly relating to the City's interpretation action. We represent numerous fractional interest owners in the Innsbruck condominium who hold constitutionally and statutorily protected property rights. Our clients were entitled to actual, advance, and effective notice of the various City proceedings which substantially affect those property rights. The published notice referred to by Mr. Edwards was wholly inadequate to cure the absence of any actual, advance, effective notice to our clients. To the degree necessary, please consider this information as an amendment to our Appeal of the City Interpretation. Sincerely, Alison E. Eastley for Holland & Hart LLP Enclosures cc: Arthur C. Daily, Esq., Karen Dennison, Esq. Holland&Hart LLP Attorneys at Law Phone(970)925-3476 Fax(970)925-9367 www.hollandhartcom 600 East Main Street,Suite 104 Aspen,CO 81611-1991 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center 3ackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington,D.C. V0& S . Zo12 �u 5 T. Arthur Daily HOLLAND&HAR Phone 970-925-3476 Fax 970-925-9367 ADaily @hollandhart.com 81701.0001 October 8, 2012 VIA E-MAIL AND HAND DELIVERY .:C.FT� V E City of Aspen Community Development Dept. Chris Bendon, Director n 1.T <4 2012 130 South Galena St. . ,i o n P'- Aspen, CO 81611 ' t ,' -1 chris.bendori a,ci.aspen.co.us Re: Appeal of the City of Aspen Community Development Department Interpretation in Response to an Inquiry Submitted on Behalf of Bluegreen Vacations Unlimited, Inc. Dear Mr. Bendon: This firm represents a number of fractional owners in the Innsbuck, a condominium located at 233 West Main Street ("Appellants"). We are writing to appeal the interpretation by the City of Aspen Community Development, effective July 24, 2012, in response to an inquiry submitted on behalf of Bluegreen Vacations Unlimited, Inc. ("Bluegreen") as to whether a timeshare subdivision proposal complies with the timeshare requirements in City of Aspen Land Use Code Section 26.590 (the "Interpretation), affecting certain Innsbruck condominium units. Appellants request an appeal of this Interpretation in front of the City Council at a public meeting, per City of Aspen Land Use Code Section 26.316.020 B.(1). The grounds for this appeal are as follows: 1. In submitting its inquiry regarding the subject Interpretation, Bluegreen failed to file all its governing documents, precluding a valid determination by the Community Development Department as to the_following elements required for approval: (a)whether the Bluegreen timeshare plan is a vacation club or other prohibited right-to-use form of timeshare; (b) whether the Bluegreen timeshare plan meets the State of Colorado definition of timeshare corporation pursuant to C.R.S. § 38-33-110; and (c) whether the Bluegreen timeshare plan maintains the community character of the City of Aspen, operates in a manner similar to Aspen's traditional lodges, and maintains Aspen's lodging traditions. 2. The Interpretation addresses Bluegreen's intent to subdivide Innsbruck interests into "smaller fractional shares" but fails to address the sale of points-based timeshares. 3. Appellant had no notice or other knowledge of Bluegreen's submittal or the subsequent Interpretation thereof, despite the effect on Appellant's constitutionally protected property interests. Holland&Hart LLP Attorneys at Law Phone(970)925-3476 Fax(970)925-9367 www.hollandhart.com 600 East Main Street,Suite 104 Aspen,CO 81611-1991 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington,D.C. M HOLLAND&HART, October 8, 2012 Page 2 4. Bluegreen failed to obtain a valid approval of the proposed timeshare development by the Innsbruck Condominium Association, Inc. (the "Association") or its members, contrary to Colorado law and the requirements of Section 26.590.070 I. Section 26.590.070 I states, "If the development that is proposed to be timeshared is a condominium, the applicant shall submit written proof that . . . one hundred percent (100%) of the owners of the condominium units have approved the timeshare development." While the City of Aspen Land Use Code requires 100% approval from the owners of the condominium units, Colorado statutory law requires written approval by each and every board member, where no board meeting is held. See C.R.S. §7-128-202 (1) ("Unless otherwise provided in the bylaws, any action required or permitted . . . to be taken at a board of directors' meeting may be taken without a meeting if each and every member of the board in writing either: (a) Votes for such action; or (b) (1) Votes against such action or abstains from voting; and (Il) Waives the right to demand that action not be taken without a meeting."). Members of the Association and other board members were never made aware of the proposed timeshare development. Appellants tender this notice of appeal within 14 days of receiving notice. Please contact us with dates of the public hearing for this appeal. Respectful Submitted, hur C. Daily of Holland & Hart LLP AEE:AEE cc: Karen Dennison, Esq. Alison Eastley, Esq. 5788980_1 -IT 11 2012 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City") and Property Eve Feigelis, Ron Schreiber, Phone No.: 970-925-3476 Owner("I"): Howard Klein Email: aeeastley@hollandhart.com Address of Innsbruck Inn Billing c/o Holland & Hart Property: Address: 600 E. Main, Ste 104 (subject of 223 West Main, Aspen, CO 161 send ills here) Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ n/a flat fee for $ n/a flat fee for $ n/a flat fee for $ n/a flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1260.00 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ n/a deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: - Z�� 'e , &'�� Chris Bendon Community Development Director Name:Alison E. Eastley, for Ho land & Hart City Use: Title: Representative of Appellants Fees Due:$ Received:$ November, 2011 City ol'Aspeii � 130 S. Galena St. � (970)920-5090 C'T i �A ry 120, PROMM ATTACHMENT 2-LAND USE APPLICATION 41'°fir a Name: Innsbruck Inn Location: 223 West Main, Aspen, CO 81611 Parcel ID#(REQUIRED) Indicate street address,lot&block number,legal description where o riate APPLICANT: Name: Eve Feigel1s. R n Schreiber Howard Klein Address: c/o Alison E. Eastle Holland & Hart LLP as re resentative, 600 E. Main St., #L04 Phone#: Aspen, CO 81611. 970 925-3476 REPRESENTATIVE' Name: Arthur C. Daily & Alison E. Eastle , Address: Holland & Hart LLP, 600 E. Main St, Ste 104 Phone #: 970-925-3476 T1W of API'I,ICATi t:(please check all tliat apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ GMQS Allotment ❑ Temporary Use ❑ Final PUD(&PUD Amendment ❑ Special Review ) ❑ Text/Map Amendment ❑ Subdivision ❑ Conceptual SPA ❑ ESA—SW Greenline,Stream ❑] Subdivision Exemption includes iti'largin,Hallam Lake Bl P• C ❑ Final SPA(&SPA condominiumization) Amendment) Mountain View Plane U Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/. Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment 1 Other: Appeal Use EXESTm CALM: of a ,uses,previous vats,etc. PROPOUL: of proposed buildings,uses,modifications,etc. n/a Have you attached the FEES DUE:$J,260_00 ❑ Pre-Application Confmace Summary ❑ Attachment#I,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 AH PhWs that are bMer than 8.5"X 11"most be folded. A disk with an electric copy of aff writes text (Aberesaft Word Forte)must be submaed as part of the appheation. Large scale projects should include an electromc 3-D medel, Your pre-application conference summary will indicate if you must submit a 3-D atodei. * Owners of fractional interests in the Innsbruck Inn. This group represents numerous other fractional interest owners in the Innsbruck.