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Home My WebLink Aboutcoa.lu.co.747 S Galena St.0071.2012.ASLULJ � c S M E A D No. ET2-150C UPC 27110 smead.aom • Made in USA *CYCA CU 2 s z �a r� FW U5® R! TW PRODUCE Ifs OF 7�* SA PWC4WA F. SFI �ERIIflEO souRCRac NNVWSflPRtJfiRAMORG 0071.2012.ASLU 747 S. Galena 2737182014 Condom inumization f, e7-2-/3 r0 n u M 0 THE CITY OFASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0071.2012.ASLU 2737 18 2 78 014 747 S. GALENA ST JEN PHELAN FASCHING HAUS ASPEN RQ, LLC 12.5.12 CLOSED BY ANGELA SCOREY ON: 2.1.13 i 0 Z7 3-1- Z -?Z --dl (f- &r-771.201 ASL-LA File Edit Record Navigate Form Reports Format Tab Help Routing Status Fees I Fee Summary Main Actions Attachments i Routing History Valuation ArchDEng Custom Fields Sub Permits <1 Permit type aslu Aspen Land Use Perms # 0071.2012.ASLU y Address 47 S GALENA ST Aptj5ute 111 °o City ASPEN Stye CO Zip 81611 v' x Permit Information Master permit Routing queue aslu07 Apphed 1 Q117I2012 c' z Project Status pending Approved z 0 0 Description APPLICATION FOR FASCHING HAUS EAST CONDOMINIUMS FOR SUBDIVISION Issued EXEMPTION AND TEXT MAP AMENDMENT- CONDOMINUMIZATION Close ff inal Submitted FRED PEIRCE 925 2600 1 Clock Running Days 0 Expires 1 DM 2C2013 r Submitted via Owner Last name ASPEN RQ, LLC First name MICHAEL SURNOW 320 MARTIN ST STE 100 Phone () Address BIRMINGHAM, IL 48009 Applicant E] Owner is applicant? R Contractor is applicant? Last name FASCHING HAUS CONDOMi •• First name 747 S GALENA ST ASPEN CO 81611 Phone ( Cust # 23318 Address Lender Last name First name Phone O Address kenGold5 [served angelas M 1-of-1 �www-b $ g9S. oa Ia I THE FIRST AMENDED CONDOMINIUM MAP OF PLAT NOTEf FASCHING HAUS EAST, A CONDOMINIUM . v.,—... .. , ' "� THE PURPOSE OF THIS FIRST AMENDED MAP IS TO AMEND THE CONDOMINIUM MAP OF THE FASCHING HAUS EAST, A CONDOMINUM RECORDED JUNE 26, 1969 IN PLAT BOOK 4 AT PAGES 5,6 & 7 OF THE PITKIN COUNTY, COLORADO u<r,.�c«m,m ,o.o REAL PROPERTY RECORDS BY ADDING 105 SQUARE FEET TO UNIT 140 FROM GENERAL COMMON ELEMENT AND REMOVING 105 SQUARE FEET FROM UNIT 1 I 1 AND ADDING IT TO GENERAL COMMON ELEMENT. FAGGHM SAID PARCEL IS SITUATED IN THE NW 1 /4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. MAW EAR CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO " ' °~�� ,-.n " ^•�(�^vy._Z.: �^•' " ?: £ '• 'a ` (i �g E APT ISO APT 180 APT 170 / 150 -- Room— Loeev v I wNo ti wont. � I4o I I OFFICE III APT 1�� wr* I STAG I I I I L ____ _i FIRST FAO LR PLAN sm®1 CRY OF A9PEN ENGINEER, REVIEW N W ..• CONFERENCE ROOM 150 / Ex15,`,rrG ,IREPIACE 7.7V Q + W U = LOBBY AND a LOUNGE`'/ UNIT 140 ORIGINAL 7.26' UNIT 140 g 1515' OR1QNu OFFICE III OFFICE 7 UNIT III I3.03' III AREA n' CONWYZD STORAGE TO G.C.F_ (105 S.B.) G.C.E. 5.79' 39.13' PROPOSED LAYOUT sIR1v.YORs CO.(V 10Ai! EVE C[1(f1FIC/1TE OMMERawCERRFICATE MORTGAGEE', G[RT1FKaT E CRY OF ASPEN Cw UNITY oEVE>_oPMENr DIRECTOR AP AL , , ,KN•.,. � cLnecANOREcoRDERSCERTIY(CA,E aT U Z 17 z � •sI € z�8eu o. WA V •� I � 1! r' 2121 0 • Jennifer Phelan From: Garrett Sabourin Sent: Wednesday, October 31, 2012 8:37 AM To: Jennifer Phelan Subject: RE: Fasching Haus - Preliminary Amended Plat Hey Jen, Everything looks good on the plat amendment. Please send us a 24x36 Mylar for Trish's signature, once it is received. Thanks Garrett From: Jennifer Phelan Sent: Monday, October 29, 2012 9:48 AM To: Garrett Sabourin Subject: FW: Fasching Haus - Preliminary Amended Plat Please note that my email has changed. It is now iennifer.phelan@cityofaspen.com Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com From: Brenda Conner [maiIto: Brenda (-�i)hceng.com] Sent: Monday, October 22, 2012 10:57 AM To: Jennifer Phelan Cc: Rodney Kiser; Frank Harrington Subject: Fasching Haus - Preliminary Amended Plat Hi Jennifer, Attached is the .pdf of the plan you received from Fred Peirce. Let us know if you need anything else. Have a good day! Office Manager High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Phone: 970.945.8676, Extension 102 Office Fax: 970.945.2555 Direct Fax: 970.945.8702 brenda@hceng.coin NOTICE: Use of this electronic media by anyone other than High Country Engineering, Inc. shall be at the sole risk of such user and without liability or legal exposure to High Country Engineering, Inc. By saving these file(s), the user accepts responsibility for this electronic media. c-=rassss=rss cccessscrr=sssrr=ssssrrr=sssrr=rssssc r===sscarsssssrrrssssa�mssssssss>rssssssrassmsas • Frederick F. Peirce fpeirce@aps-pc.com Thomas Fenton Smith tsmith@aps-pc.com HAND DELIVERED • AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law 600 E. Hopkins Avenue Suite 205 Aspen, Colorado 81611 October 15, 2012 Ms. Jennifer Phelan, Planning Deputy Director CITY OF ASPEN COMMUNITY DEVELOPMENT 130 S. Galena Street, P Floor Aspen, CO 81611 RECIFFIVED OCT 17 2012 CITY Cyr AoeL:14 COMMUNITY DEVEI ec s ;: r, Telephone - (970) 925-2600 Facsimile - (970) 925-4720 RE: Fasching Haus East Condominiums; Application for Condominiumization; Amendment to Condominium Plat Dear Jennifer: Pursuant to our recent communications, this Application is submitted to you on behalf of FASCHING HAUS EAST CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corporation charged with managing the common elements of the Fasching Haus East Condominiums (the "Association"), and ASPEN RQ, LLC, a Michigan limited liability company, the owner of Units I I I and 140, Fasching Haus East Condominiums ("Aspen RQ"), for approval of an amendment to the Condominium Map for the Fasching Haus East Condominiums. APPLICANTS' NAMES, ADDRESSES AND TELEPHONE NUMBERS: Aspen RQ, LLC c/o Michael Surnow, Member 320 Martin Street Suite 100 Birmingham, MI 48009 (248) 865-3000 ext. 104 Fasching Haus East Condominium Association, Inc. c/o Frias Properties 730 E. Durant Avenue Aspen, CO 81611 (970) 920-2010 Attached are letters from the Applicants, authorizing Austin, Peirce & Smith, P.C. to act on behalf of the Applicants. AUSTIN, PEIRCE &WITH, P.C. • Attomeys At Law Ms. Jennifer Phelan, Planning Deputy Director CITY OF ASPEN COMMUNITY DEVELOPMENT October 15, 2012 Page 2 IDENTIFICATION OF PROPERTY/OWNER OF PROPERTY: The Property which is the subject of this Application are Units 111 and 140 of the Fasching Haus East Condominiums, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5, of the Pitkin County real property records, Street Address: 747 S. Galena Street, Aspen, CO, as well as certain general common elements of the Fasching Haus East Condominiums. Attached is a copy of a Certificate signed by Chuck Dorn on Behalf of Stewart Title dated July 17, 2012, reflecting that Aspen RQ is the owner of Units 111 and 140, Fasching Haus East Condominiums and that Wells Fargo Bank and Surnow Associates hold liens against Units 111 and 140, Fasching Haus East Condominiums. Also attached is a copy of e- mail correspondence from Mr. Dorn dated October 11, 2012, stating that there is no change in the status of owners or liens. The general common elements of the FHE are owned by all of the owners of units in the Fasching Haus East Condominiums and are managed by the Association Board of Managers. On October 9, 2012, the FHE owners held a special meeting at which the within application was approved by 88% of all of the ownership interests in the common elements of FHE. A copy of the unofficial minutes from that meeting are attached for your information; the approval of those minutes will be an agenda item for the owners at their annual meeting currently scheduled for early December. APPLICATION: The Fasching Haus East Condominiums were created when the Condominium Declaration and Condominium Map therefor were recorded in the Pitkin County real property records on June 26, 1969. As currently identified on the Condominium Map for the Fasching Haus East Condominiums, Unit 140 is designated as Lobby and Lounge and Unit 111 is identified as Office. A copy of the recorded Condominium Map for Fasching Haus East Condominiums is attached hereto for your information. As currently configured on the recorded Condominium Map for Fasching Haus East Condominiums, the General Common Elements ("GCE") located to the East and South of Units 140 and 111 create a cul-de-sac that is accessed from Galena Street and dead ends at the East wall of Unit 110. The proposal embodied in this Application is to swap space between Units 140 and 111, on the one hand, and the referenced GCE on the other hand, so that the GCE located to the East and South of Units 140 and 111 can have access to the pool/courtyard area in addition to Galena Street. Approximately 105 square feet of Unit 111 would become GCE and an identical amount of GCE square footage would become part of Unit 140, as shown on the attached proposed First Amendment to the Condominium Map for the Fasching Haus East Condominium. The net result will be that the total square footage of GCE will remain unchanged; the square footage Y:\Files A-L\FASCHING\Land Use Application.doc • AUSTIN, PEIRCE &4WITH, P.C. Attomeys At Law Ms. Jennifer Phelan, Planning Deputy Director CITY OF ASPEN COMMUNITY DEVELOPMENT October 15, 2012 Page 3 of Unit 111 will decrease by approximately 105 square feet and the square footage of Unit 140 would increase by the exact same amount. The use of Units 111 and 140 will remain unchanged. The within application is to obtain the requisite approval from the City Community Development Department of the proposed condominium plat amendment. Attached is a paper copy of the proposed First Amendment to the Condominium Map for the Fasching Haus East Condominiums reflecting the proposed change to Units 111, 140 and the GCE, as described above, which includes a vicinity map and complies with the requirements set forth on the Engineering Department's Condominium Plat Survey Checklist. LAND USE APPLICATION: Attached is a copy of the completed Land Use Application PRE -APPLICATION CONFERENCE SUMMARY: Attached is a copy of the Pre -Application Conference Summary FEE AGREEMENT AND DEPOSIT Attached are the signed fee agreement and a check for $895.00 for the deposit. LETTER OF CONSENT FROM THE HOA: The Board of Managers of the HOA have approved the proposed swap of space and have authorized the expenditure of funds to proceed with this Application, as evidenced by the previously referenced attached letter from the HOA authorizing Austin, Peirce & Smith, P.C. to act on behalf of the HOA. To amend the Condominium Map the HOA must convene a meeting of all owners and at least 67% of all owners must approve the proposed amendment. The HOA held a special meeting to vote on the proposal on October 9, 2012 and the proposed amendment was approved by 88% of all the ownership interest in the common elements. The Applicant has attached a copy of the unofficial minutes from that special meeting reflecting the approval of the within application. Y1Files A-L\FASCHING\Land Use Application.doc AUSTIN, PEIRCE AITH, P.C. 40 Attomeys At Law Ms. Jennifer Phelan, Planning Deputy Director CITY OF ASPEN COMMUNITY DEVELOPMENT October 15, 2012 Page 4 If you have any questions, please do not hesitate to give me a call. In any case, I will look forward to hearing from you shortly. Sincerely, AUSTIN, PEIRCE By: Frederick e FFP/hs Enclosures cc: Mr. Mead Montgomery, President Fasching Haus East Condominium Association, Inc. Mr. Michael Surnow Mr. Chuck Frias YAFiles A-L\FASCHING\Land Use Application.doc August 27, 2012 Ms. Jennifer Phelan, Planning Deputy Director CITY OF ASPEN COMMUNITY DEVELOPMENT 130 S. Galena Street. 3`d Floor Aspen, CO 81611 RE; Fasching Harts East Condominiums; Application for' Colillomillittillization; Amendmeltt to �Contlonthtiunl Plat Dear Ms. Phelan: As the President of the Fasching Haus East Condominium Association, a Colorado nonprofit corporation charged with managing the common elements of the Fasching Haus East Condominiums, located at 747 S. Galena Street, Aspen, the undersigned hereby authorizes Austin, Peirce & Smith, P.C. to act as the Association's designated representative with respect to the referenced land use application. Fred Peirce is authorized to submit those land use applications necessary to obtain approval for this condominiumization/plat amendment review and is authorized to represent the Association in meetings with City staff and with any applicable review bodies. Should you have any need to contact the Association during the course of your review of this application, please do so through Austin, Peirce & Smith, whose address and phone number are included in the land use application. Sincerely, FASCHING HAUS EAST CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation By: cad Montg cry, e idpd 847-910-2026 MM/fp • July 17, 2012 Fasching Haus East Unit 110- Carol W. Dobson Family Trust Units 111,140 and 150-Aspen RQ LLC, a Michigan limited liability company- 1. Wells Fargo Bank (553437) 2. Surnow Associates, a Michigan Copartnership (589582) Unit 170-William Sabarese 1. Bank of America (571725) 2. Edward Adelson (561732) 3. John Werning (561733) Unit 180-Carol K. March Unit 190-Steven Pedro and Jeri Pedro 1. Texas Capital Bank (533025) Unit 210-Thomas A. Bersani 1. Wells Fargo Bank (572884) Unit 230-5 Spokes Partners, L.P. Unit 250-Texas Royalty Corp- 1. Southside Bank (533900) Unit 260-M. Mead Montgomery II Trust dated July 30, 1981 Unit 270-Anne Miller Montgomery Trust dated April 7, 2004 Unit 280-Sand & Snow Investments LLC 1. SunTrust Mortgage (578922) -2- Unit 290-Erik G. Abrahamson 75% and Mary Jane Arbutine (25%) 1. Bank of America (512599) Unit 303 (403)-Paul Jacob and Patricia Anne Flavin, Trustees of the Paul Jacob and Patricia Flavin Revocable Trust Unit 310-Gary Kamins and Lucia Kamins 1. Wells Fargo Bank (506591) Unit 330-5 Spokes Partners, L.P. Unit 340-James Gianulias 1. Wells Fargo Bank (478890) 2. Gus Gianulias Trustee of the Gus C. and Julie M Gianulias Family Revocable Trust established January 20, 1983 (546068) Unit 350-Douglas P. Brendamour Childrens Trust Unit 380-Siso LLC 1. Affiliated Financial (531860) Unit 390-JB Marsh II LLC Unit 410-Christine Ann Lyon Rhodes, as Trustee of the Christine Ann Lyons Rhodes Living Trust Established January 27, 1998 1. Merrill Lynch Credit Corporation (540971) Common Area-Fasching Haus East Condominium Association Based upon a search of the appropriate real estate records of Pitkin County, Colorado, Stewart Title hereby certifies that statements above to be true and correct. Although we believe this information to be true and correct, this report is not to be construed as an abstract of title nor a guaranty of title, and it is understood and agreed that neither Stewart Title nor Stewart Title Guaranty Company shall be charged with a -fa; ncial liability on any statement contained herein. \ �- + Chuck Dorn • • Page 1 of 4 Fred Peirce From: Chuck Dorn [Chuck. Dorn@stewart.com] Sent: Thursday, October 11, 2012 3:59 PM To: Fred Peirce Subject: RE: Fasching Haus East Nothing .has changed, dated as of this morning 101 12/2012 at 8:OOAM Chuck Dorn Colorado Western Mountain Division President Glenwood Springs Division 1620 Grand Avenue, Glenwood Springs, CO 81601 O 970,704.1000 1 M 970.319.1327 1 F 970.704.0205 stewart.com ( cdorn(cDstewart.com stewart title X The only title company named one fo From: Fred Peirce [mailto:fpeirce@aps-pc.com] Sent: Wednesday, October 10, 2012 5:29 PM To: Chuck Dorn Subject: FW: Fasching Haus East Thanks, Chuck. Here is list you sent in July. Cheers, Fred Frederick F. Peirce, Esq. AUSTIN, PEIRCE & SMITH, P.C. 600 E. Hopkins Avenue Suite 205 Aspen, CO 81611 970-925-2600 - Phone 970-925-4720 - Fax fpeirce(a-)aps-pc. com From: Chuck Dorn [maiIto: Chuck. Dorn@stewart.com] Sent: Wednesday, July 18, 2012 10:31 AM To: Fred Peirce Subject: RE: Fasching Haus East I Iere you are, let me know if you have any questions. Thank you. Chuck Dorn District Manager stewart title 1620 Grand Avenue, Glenwood Springs, CO 81601 O 970.704.1000 1 M 970.319.1327 1 F 970.704.0205 www.stewart.com 10/15/2012 Fasching Hans East Condominium Association Minutes of the Special Meeting Tuesday October 9th (a,, 4:00 PM (MDT) Fasching Hans East Conference Room I. Call to Order Mead Montgomery, acting as chair, called the Fasching Haus East Special Homewners Meeting to order at 4:00 PM Mountain Time on Tuesday October 9`", 2012. The meeting was called pursuant to Notice sent to all Members of the Association. II. Roll Call and Verification of Proxy There were a total of 91 % of the members represented in person, by phone or by proxy A quorum was established. Present from Frias Properties were Association Property Manager Paddy Allen and General Manager Mickey Spalding. Fred Pierce, association attorney was also present. III. Proposed Resolution, Discussion and Vote on Amendment to the Condominium Map Mead Montgomery read the following motion to the meeting; Move to approve the proposed Amendment to the Condominium Map substantially as shown on the drawing attached as Exhibit B to the Notice of Special Owners' meeting and to authorize the Board of Managers and any consultants, professionals or others that the Board of Managers employs on its behalf, to attempt to obtain City approval for such amendment. In the event City approval is obtained, to obtain mortgagees' consents and to finalize, execute and record the Amended Condominium Map in the Pitkin County real property records. Upon proper approval of this Motion, the Board of Managers may notify the City of Aspen of the Owners' approval of the proposed Amendment to the Condominium Map. The resolution was seconded Doug Brendamour. There was discussion regarding the future of the space that is now the conference room, the issue of sound transfer through the wall currently adjoining unit 1 10, and the fixture use of units 140, 150 and 1 11. In the course of the discussion, it was agreed that the HOA would obtain proposals regarding the sound transfer problem and address this within a reasonable time frame. Upon hearing no further discussion the motion was called for a vote. The votes were cast as follows. Vote Tally FHE HOA Special Meeting October 9,02012 Abstain or Yes Votes No Vote Received AU9_ndinq Proxy yotg 110 3.00% 3.00% 111/140/150 6.00% 6.00% 170 6.00% 6.00% 180 4.50% 4.50% 190 5.00% 5.00% 210 6.00% 6.00% 230 6.50% 6.50% 250 6.00% 6.00% 260 6.00% 6.00% 270 6.00% 6.00% 280 6.00% 6.00% 290 3.00% 3.00% 303 3.00% 3.00% 310 6.00% 6.00% 380 3.00% 3.00% 390 6.00% 6.00% 410 6.00% 6.00% 440 6.00% 6.00% 450 6.00% 6.00% 100,00% 12.00% 24.50% 26.00% 37.50% Total Yes Votes 88.000/0 Notes: Unit 110 Attended the meeting; abstained on the vote Unit 170 ineligible to vote Unit 303 No response All proxies were to Mead except Unit 440 was to Mr. Brendamour; All voted Yes. Accordingly, the motion to amend the Condominium Map was approved by 88% ownership of common elements, and the Board of Managers was instructed to pursue approval thereof by the City of Aspen and all mortgagees. Respectfully submitted, M. Mead Montgomery Acting as Chair and Secretary for the meeting • OWNERS CERTIFICATE BwRBwRA:�FASfM/N4, rYER d TNF NEREW N Ga/BEO L MOPERTT, [or NFRfBY a nfY 7x'i1T nYiJ AN/JO 'TRf FASCHING HAUS EAST (A CONDOMINIUM) J EST roVpdw J BLFN AK HMPoJ/yJ J MUM NA P m.Ta. nes, .M wlfoweeo d�..e [ �%-~ ACMPY[R edAwT v MR Cr Comw� TN< rtlRN ANp e b1RBwpw .. PASCN/N•� rnTE Of GuoRAOo � • caAVTr �'� Sr i .- w[E ro iMF(NNF eMt f n/ a wrrtwoNl Eoceo OVCIE maid wo J.,.a E n• ONe.Rw.r/wacwwc, dviR ' Rew ; - ' wwERry. w+rNecJ mr ac.we +nJ o-f/fMC /^� t.Yr «w)f��1V1Jy/eV et/rEL3,"j-LjL J.Y..-- w A SURVEYORS CERTIF/LATE i._O'T 10 ':? rMJ n m nfrM w .Rs Ja e.. ,rcw�/«v w e�R«r 1_-0'T I LOT d rwa« «l o evPCR eN /ors l/i, ) ,,,,E JyJpr rJ/av, A A,R�/CN eE RWL3 evw%, waa x `JResW, • M,cauwr dlgiUN, s w [IYeRweO/w O wY1M0 A FBUR J)aRY AAm[ 1 _ wnM/N r NOARY UR -r Ac rNF u � it ns LUNe.Rr / euxnNPYs mvYRbK- p)wv d w M..ow sAar y r) LL OL �—Gf. £. • .ue oN r..s wpewr.�sJ A - i1 �E�yl�j ,6(�/w azcar �.-- "L'-- -- r ? ENGINEERS CERTIFICATE _ G. f. BUCNANAN, AREC/J)IR4 lNC)REER, BO NFRFev cfailF,Y :•� rNIS AtaP d PAJW Nc NAUS FwJi caveBAUHiUM Fv4Y I B "' "' LOT OIp/cTJ TNF UYWT, MEw SyREME ANO WOT waYyRAtELI[L [Ll'AT/ON OP A M1PRdEMENiJ, TryE MafMMev/Nv RTMEN) R � B,V/T DES/6 NwnaVS, Twc a/MBNspvs d sac TS ANo THE ELLYAT/wvJ 'MF µCL/LING r 1 � uVF/N)J H6D �OORJ J,4No, iN '>H T /M� MTS >WycTEo [bvPnfM Sri �iAN-. 8 TLLLY ro rN) _ Q,� - }} Z + 1 sTATf O/ cCRORwep)'S a TNe EMELGN�6J) flwT)F/d iE UAs A LOBED 9efix% wrTNEJJRMt HMrONw M[ SF [ TNIs 3f:K pAY LK,e e�-; . m rA.r ..mralr."'.� PARKING G C E PARKING s.. JTATF d [.ReR+Lei e• I/ �AllaRoIRE LOTS iN N i_ M rNEs 3i`: wr y e eaw , J .w. B ,I I �; f6a' I PROPERTY DESCRIPTION casvrr d P/TA- rr v fwERAe< i � rl e/ wN» nV PirH N Cevvr Lo[oRAOC lv o _ AAJL <OTJL (!), BLO[m / d TNEYAN NOVv wcMdE EJ SW R OF THE wR HW �, JFC. /B, rp5, RRBEI o• HE "m'A e FASCHING HAUS FAST (A CONDOMINIUM) HOT! K,r C G. C. E, ., tp APT • : 180 w:ri • „o+r APT I90 { �' gal O G. C. tl a �„4 yw _ li bwYN� bwuNA G.C.E. � Y scn-c io � urn ue F I L I a.0 I I 1f ELEVATIONS y Y 110 IO i .dam `'� ��LRb •- �-,� N u sTort�Ge a. ��a a BASEMENT i AND FOUNCIATIONS H, FIRST FLOOR C] 3 -109 FASCHING HAUS EAST (A CONDOMINIUM) .4 —It I 1 APr. APT. Ir° i APT S 380 SECOND FLOOR uoTE Gc.[ • GENENwI cOMMOH 4 A PT. r` 390 j W G AP . 270 G W rit y h W APT 260 e�wrnixv rme.<wrr< � V e CO v APT. 350 < ` Q A APT. 350 �w «wAPT ti 340 � A� • QT tt W <<E. A T. 340 GCE. W 4� APT. « -+ APT. 310 / ? APT. j 1 APT. ; 303 ' �'iF_ — I4 (<30) ra` 330 <. e 410 fL or /7�— THIRD FLOOR FOURTH FLOOR 0 0o71. 2012• AW ATTACHMENT 2 -LAND USE APPLICATION PROJECT: E(;'AZ'-1VeU OCT 17 2012 Name: Faschina Haus East C�ondomi ni ums (�? `` o�!{Ill,[I1�Ia�-n ` v, Location: 747 S. Galena Street, Aspen, CO (Indicate street address lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICAIVI' Aspen Name: Fasching Haus East Condominium Association, Inc. and LLC Address: c/o Frias Properties, 730 E. Durant Ave., Aspen, CO 81611 Phone#: 970-920-2010 D v DDrcvNUTATIVTi Name:v Austin, Peirce & Shhith, P.C. (Frederick F. Peirce) Address: 600 E . Hopkins Ave . , Ste. 205, Aspen, CO 81611 Phone#: 970-925-2600 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ® Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing Unit Condominium Project 'ROPOSAL• (description of proposed buildings uses, modifications, etc.) Amend plat to change configuration of common elements and units 111 and 140; no change in use or total square footage T_ ,.«.. I.,.a FF.F,; ni rF': % 895.00 a..7 — ....«.,...... ...— ............ I. f Pre -Application Conference Summary LE Attachment #1, 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 All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. RQ, �J E CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan — 970.429.2759 DATE: 6.22.12 PROJECT: Fasching House East, Condominiumization REPRESENTATIVE: Fred Peirce TYPE OF APPLICATION: Condom iniumization DESCRIPTION Fasching Haus East is a development that was condominiumized in 1969 (Book 4, Page 5). Since the initial condominiumization interior walls have been modified resulting in some of the units of the development (unit 150 — conference room, unit 140 — lobby and lounge, and unit 111 — office) being enlarged by taking over space in the adjacent general Common Elements (GCEs) owned by the homeowner association. Both the units and the GCEs are considered accessory to the principal use of the property which primarily operates as rentals. The owner of the units and the homeowner association are interested in trading an even amount of square footage and memorializing the changes in the footprint. A copy of the Land Use Application form, as well as planning fees are located online at: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: hUp://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condom iniumization Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $630 Deposit for 2 hour of staff time. Additional staff time required is billed at $315/hour Referral Fees: Engineering, billed at $265/hour (1 hour deposit is taken), Total Deposit: $ 895 (Additional fees will be required for recording the plat. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. 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. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Letter of consent from the HOA. 10. Proposed condominium plat. Provide paper copies for staff review (and a digital PDF if available). Once staff has reviewed the proposal and made any necessary corrections, then mylars can be created for recordation. 11. All necessary items found in Land Use Codes Section 26.480.090, Condominiumization. Engineering requirements are available online at: http://www aspenpitkin com/Portals/0/docs/City/engineering/survey%20checklists/CondominiumPIatSurveyChecklist.pdf 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. November, 2011 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 Agreement to Pay Application Fees ran agreement oetween me city of Aspen ("City") and Property Fasching Haus East Phone No.: 970--920--2010 Owner ("I"): Condominium Association, Inc. Email: chuckr friasproperties.com 747 S. Galena Street c o Frias Pro ert es Address of Billing Address: � p Property: Aspen, CO 81611 730 E. Durant Ave. (subject of (send bills Aspen, CO 81611 application) here) N_ O N 0 ZW �t �C)l u.0 rJ � Um U U I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and th( payment of these fees is a condition precedent to determining application completeness. I understand that as the propert, 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 fee: are non-refundable. flat fee for $ flat fee for flat fee for 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 tha additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff tc complete processing, review, and presentation of sufficient information to enable legally required findings to be made fo 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 returnee to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days o 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 agret to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposi does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initia deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application a the hourly rates hereinafter stated. $630 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $265 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director City Use: Fees Due: $_$895.00 _ Received: $ Property Owner: Fasching Haus East Condominium Association, Inc. Mead Mo�itgomezy Nar(e: Title: President November, 2011 City of Aspen 1 130 S. Galena St.1(970) 920-5090 w THE FIRST AMENDED CONDOMINIUM MAP OF ! ` op >pz z� PLAT NOTES FASCHING HAUS EAST' A CONDOMINIUM k o _ r��, TCuo �.:. - �1,�: gg F ,;im ,. THIS FIRST YM BASED THE ., : �_ `� z0 N z °obi �yf S EAST. CONDOMUY FASCHING MAUS EAST, A COHDOAMIUM RECORDED JUKE m, 1M9 C IR _p.,.., `.. �M b 8 iJOOi N PUT Boats 4 AT PAGES s, B • 7. THE PURPOSE OF THIS FIRST AMENDED MAP IS TO AMEND THE CONDOMINIUM MAP OF THE FASCHING HAUS EAST, A 1 `I- pF ^'I --_. \ F :" p' 7. T 2. UNIT DIMENSIONS AND LAYOUTS WERE PRONGED BY AUGIJSi5,6 CONDOMINUM RECORDED JUNE 26, 1969 IN PLAT BOOK 4 AT PAGES 5, 6 & 7 OF THE PITKIN COUNTY, COLORADO • (• P. M + ; �:• �`[� N>2 Rao ARCHITECTS. uG AND HAVE NOT BEEN FIELD VERIFIED. NW. ;: REAL PROPERTY RECORDS BY ADDING 105 SQUARE FEET TO UNIT 140 FROM GENERAL COMMON ELEMENT AND REMOVING 105 o om= `'��, SQUARE FEET FROM UNIT 1 1 1 AND ADDING IT TO GENERAL COMMON ELEMENT. SAID PARCEL IS SITUATED IN THE NW 1 /4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH FASCHING ��' A'• - N9kTl,4�:. P.M. ',^M•"' w > m HAUS EAST W i:.�e': ;; CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO z VICINITY MAP rn CONFERENCE ROOM 150 OWNER'S CERTIFICATE SCALE I• - Soo' KNOT AL MEN BY NM PRESENTS 1NAT OWNERS OF ALL UNITS N THE FASOING HAUS EAST, A � (KRHDONtl11M, AT A DULY NOTICED AND HELD MEETING FOR THAT "WOSL ADOPTED AND AR RKXE) THE DEOJTKN AM D RECORMMG OF THIS FIRST MENDED MU CONDOYM MAP OF FASO LNG HAUS EAST, A APT 1.90 / CONDORMNY AID THE UNOERSIOIm PRE'SMIENT OF THE FASCHING MINIS M CONDO/IM ASSDOAII N HEREBY SO DO"WI S AND S TS IBIS FIRST AMENDED CODOMMW MAP OF FASCHING HAILS EASE, A / CONDOIEMIM FOR RECODM / EXISTING FASCHING HAus EAST OOMDOYMw ASSOCIATION, RIC FIREPLACE / APT ISO (LC.E.) q MUD WOMTOOM ERY, PREsodT 4, 88' STATE OF COLOUDO ) O f%111MT O RTgH 0 / ti / v w y W 1 W rFi < ) V Y I Y THE FOIEGONG OWNERS MlIFTGTE WAS ACIOIOMIDffD BEFORE WE THIS DAY OF 2012 BY MEAD MOITGOIERY, PRESIDENT OF FASCHING HAIS FAST CONDOM*" ASSOOATDN. W. A COLORADO NONPROFIT CORPORATION Z / ' Z < WITNES MY HAND NID OFF1OA SEAL / 3. LOBBY AND z] o V '" COMMISSION EIREES N o �j O a / F O Z e In LOUNGE / a a NOTARY PUBLIC 3 �g APT 170 / ��IF' - lJ UNIT 140 7.26' vI OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRE W(TS ,NAT RO ASPEN. ELC, A WHIGAI LMTED UANUTY COMPANY. DOWN G �1 / y THE OWNER O UNITS Ill AND 14W 0, FASNG US THE HAEAST. A COIIDOIIEIY. ACCORDING TO PEAT I�1 THEREOF RECORDED JOE 26. 1960 N RAT BOOK 4 AT PAGES S - 7 OF THE ATM COLW Y REAL PROPERTY RECORDS HFIEFFY APPROVES OF AND SIANTS THIS FIRST AEENOED CONDOMINIUM MAP OF • ; / FASCHING HAb FAST. A COIDOEINRAI FOR RECORDING. (,J / ORIGINAL 7.26' / UNIT 140 0 o RD ASPEN, uc (' / � •' BY IIIWAEL SMNO UW. MANAGER Z / 15.15' _ m STAR OF� - .: f:-'•.: COMITY OF O / / 7.62' - 2.92'tAffMLAMUTY THE FOIEGONG DWVM CERTIFICATE WAS AOOIOMEDOED BEFORE ME THIS _ OAY O =2 BY MICHAEL WRNOIY, MANAGER OF RO ASPEN. LLC. A NCHI Z I% U MI 0 O CONFERENCE `" 150 / A11 wnEa AID ANDCOMPOFFICIAL SEAL. LL Z z b W OD OFFICE - ROOM �.0 ,D W IK U F- - - -- --- - OFFICE NY COM MIS9UM EVRM >.W40 DD i NorAYRIBl1C 8UNIT .-- 111 MORTGAGEE'S CERTIFICATE TE UNOET90Ep. AS MORT.AGEE UNDER TE PRDNSIOR O TE CERTAN DEED OF TRIMDATED AND RECORDED N I E RECODS OF TIE OERK AID RECORDER DF R1KTN n3.72' LOBBY yl 3.72p 1CONTY M BOp� AT PAGERECEPTION NG HEREBY CONSQAS TO TE O V 2W Y - (�12.11' f: REUDIDRD O TIRS FTRST AIOIGED RAT AS sENOEN IEEEON AID HEREBY SUBORDINATES TIE UFN aAND SAD DEED OF (RUST TO TE MATTER SET FORTH ON TES FIRST AlIE1DED MT.U=LOUNGE 0 gD 7.33' WELLS FARGO BANK MA - MORTGAGEE FOR UNITS Ill MD ,AG L 140 07 j FF Q 0 �13.03' BY: TTE i' T = NJ m ^ i Hi m N OFFICE NIT I I I AREA STATE I 1� 1 1 1 APT 110 1.25' CONVEYED MANAGERS R STORAGE THE FOEOONC MORTOAOEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE WE THIS _DAY O APT 1 10 APT O TO G.C.E. ]O2 BY AS OF Wn a FARM eM.K N.A. S.F.) G.C.E. MTMESS MY HAIR AID OFFIOAL SEAL MANAGERS (105 APT MY COMMS901 DIARIES, z 0 STORAGE ~ G.C.E. NOTARY PUBLIC Q u O 5.79' GO 1^ SANEM OW ASSOCIATES, A MIOGAN CO -PARTNERSHIP FOR LIMITS Ill AND 11D. 0 I. O Q :: BY: - I 0 L 39.13' r' TITLEi w p M J \ O W= U STATE GE N COUNTY a �� Z I Z FIRST FLOOR PLAN THE FORECONG MORTGAGEES CERTIFICATE WAS ACIOIOWIJ:DGED BEFORE ME THIS DAY O u 0 W 0 w Y (AS RECORDED) _ Br AS GE r PROPOSEDLAYOUT SDm� A Co-PAR1NFRSHIR F� W� "' AND 'w ES. Mil U 4- Q - WIT/ESS MY HAD MID OFTOA SEALIL V SCALE: 1' - 4' MY COMMISSION �� Q /// O CRT' OF ASPEN ENGINEER'S REVIEW CITY OF ASPEN COMMUNITY DEVELOPMENT SURVEYOR'S CERTIFICATE Z E L } DIRECTOR APPROVAL L FRAHIK W. HARRINGTO. A REGISTERED LAID SURVEYOR OF THE STATE O COLORADO, W HEREBY WAS RENEWED BY Tf FINOMEER OF THE CITY OF ASPEN THIS DAY OF IDENTIFY THAT I HAVE PREPARED NOTARY 2 C 202. AND IT CONTAINS AL THE MFOIMATON REDAED W CAS DB-OSO-MS O THE COLORADO COMMON INTEREST MI5 MAP OF FASCHNI HAIII BEEN RE%TWED ONKIERSHER T.�Ql u &QQNDQWWLK HAS AND APPROVED BY THE CITY OF ASPEN 0010011 TY DEVELOPMENT DIRECTOR THIS DAY of 201E CLERK AND RECORDER'S CERTIFICATE LL PROJECT NO. DATED: 2012 THIS HAS BEEN BY: TRI IA ARAGON, P.E- - OTY' OF ASPEN ENGINEER ACCEPIm FOR FILING IN THE OFFICE OF THE CLERK ! RECORDER OF PITKIN COUNTY. COLORADO, ON TINS DAY OF 201Z IN PLAT BOOK AT PAGE 21211670 BY, COMMUNITY DEVELOPMENT DREC70R 04��' _ AS RECEPTION NO. B FRAM( W. HARRNGTON, LS W. ,.SEBHIGH 1 OF 1 COUNTRY EIIOEEEWNG,Ol,3,7 aAIQ AVENUE SATE 10 ODIWOOD SPFINKS, co DBO CLF7t1( AND RECORDER N[ .AA O ®RIEMAIIN 10WI 1D®IL • Jennifer Phelan From: Jennifer Phelan [Jennifer.Phelan@ci.aspen.co.us] Sent: Friday, June 22, 2012 2:06 PM To: Fred Peirce Subject: condo pre-app Attachments: Fasching House Condo Plat.docx Hi Fred: Attached is the pre-app for the condominium request. I wanted to be clear, as you represent the HOA, that the city considers units 150, 140 and 111 (as well as the general common elements) to be accessory to the primary use of the property. I'm mentioning this because the owner of the units cannot consider the units net leasable and have a business run out of the space. Frias operating as the front desk for Fasching House is acceptable as long as the scope is limited solely to operations of the Fasching Haus. Kind regards, Jennifer Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 970-429-2759 www.aspenpitkin.com