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HomeMy WebLinkAboutcoa.lu.co.518 W Main St.0070.2014.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER, 0070.2014.ASLU PARCEL ID NUMBERS 2735 124 43 006 PROJECTS ADDRESS 518 W MAIN ST PLANNER SARA NADOLNY CASE DESCRIPTION CONDO REPRESENTATIVE FAT CITY HOLDINGS, LLC DATE OF FINAL ACTION 8.20.14 CLOSED BY ANGELA SCOREY ON: 3.6.15 0o?0.204 117. cut 't/6 CITY OF ASPEN �, V/ y �� 130 S. Galena Street, 3`d Floor Aspen CO 81611 APPLICATION FOR CONDOMINIUMIZATION 518 W. Main Street, Aspen CO 81611 (The Fornell — Condominium Exemption Application) Date: August 20, 2014 Location/Address: 518 W. Main Street, Aspen CO 81611 Lots P&and the East one-half of Lot O, Block 30, City and Townsite of Aspen Parcel ID No.273512443006 Owner: Fat City Holdings, LLC Address: Attn: Peter Fornell, Manager 402 Midland Park Place,Aspen CO 81611 Telephone: (970)379-3434 Email: p.fornell@comcast.net Representative: B. Joseph Krabacher Address: Sherman& Howard L.L.C. 320 W.Main Street Aspen CO 81611 Telephone: (970)300 0123 Email: ikrabachergshermanhoward.com SUBMITTALS: Application Deposit: $735.00 Authorization to Represent Certificate of Ownership Completed Land Use Application Signed Fee Agreement Pre-application Conference Summary Proposed condominium plat(2 paper copies and digital .pdf) Description of Proposal and Vh4liawe 4 Standards Representative Signature: ,,a��// Peter Forne ,Manager P ------------------------------------------------------------------------------------------------------------------------------- BUS_RE/5300660.l APPLICATION FOR CONDOMINIUM IZATION 518 W. Main Street, Aspen CO 81611 (The Fornell) 1. Introduction. The Applicant is proposing to condominiumize a new residential affordable housing building located at 518 W. Main St.,Aspen, CO 81611. 2. Pre-Application Conference. The Applicant held a pre-application conference and a pre- application conference summary was issued on July 1, 2014, a copy of which is submitted with this Application. 3. Summary of Application. The property consists of three buildings with eleven residential units which are all restricted to affordable housing. The Applicant is seeking to subdivide by condominium is a and pursuant to the requirements of Aspen Land Use Code Section 26.480.050(A), Condominiumization. 4. Review Standards. The Application complies with applicable review standards of Aspen Land Use Code Section 26.480.050 (A), Condominiumization. Standard: Condominiumization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots,an aggregation of the parcel with other lands,a change in use of the property,and shall not operate as an abatement of other applicable regulations affecting the property. Response: The Application proposes to create a condominium on a single parcel of land consisting of Lots P&and the East one-half of Lot O, Block 30, City and Townsite of Aspen and does not effect a division of that parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and does not operate as an abatement of other applicable regulations affecting Property Standard: The Condominium Plat is in an acceptable style and format as prescribed in Title 29—Engineering Design Standards,Plats. Response: The proposed Condominium Plat is submitted herewith, and has been prepared consistent with the Engineering Design Standards for Condominium Plats in Section 2.3 of the City of Aspen Engineering Department Design Standards. Standard: The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder.No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Response: The Condominium Plat is hereby submitted for review, and upon approval by the Community Development Department and the Engineering Department will be recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement should be required as there are no public infrastructure requirements applicable to this Application. 2 BUS RE/5300660.1 FAT CITY HOLDINGS,LLC c/o Peter Fornell,Manager 402 Midland Park Place Aspen CO 81611 August 20, 2014 City of Aspen Community Development Department 130 S. Galena St., 3`d Floor Aspen, CO 81611 Attn: Hillary Seminick Dear Ms. Seminick: I am writing as Manager of Fat City Holdings, LLC, a Colorado limited liability company the "Applicant")to authorize the persons listed below to act as the agents for and representatives of the Applicant in all matters related to and in connection with an Application for Condom iniumization of 518 W. Main St.,Aspen, CO 81611, also known as Lots P& and the East one-half of Lot O, Block 30, City and Townsite of Aspen, Colorado The address and phone number of the representatives are as follows: Peter Fornell 42 Fat City Holdings Drive Aspen, CO 81611 (970)456-2213 slambert@coramist.com B. Joseph Krabacher SHERMAN&HOWARD L.L.C. 320 W. Main Street Aspen, Colorado 81611 (970)300 0123 jkrabacher@sah.com Please contact me if you have any questions. Thank you. FAT CITY HOLDINGS,LLC A Colora nit liab' ' company By: IfTefj ForneI Manager BUS-RE/5300694.1 0 CERTIFICATE OF OWNERSHIP The undersigned, an Attorney licensed to practice law in the State of Colorado with Colorado Supreme Court Registration No. 010240 hereby certifies the ownership of the following real property located at 518 W. Main Street, Aspen, Pitkin County, Colorado (the "Property"). 1. The parcel proposed for development is legally described as follows: Lots P & and the East one-half of Lot O, Block 30, City and Townsite of Aspen Also known as 518 W. Main Street, Aspen CO 81611 2. The names of all owners of the property are as follows: FAT CITY HOLDINGS, LLC, a Colorado limited liability company 3. The Property is not subject to any mortgages,judgments or liens, other than the lien for 2014 ad valorem real property taxes, payable in 2015. 4. A list of all easements, contracts and agreements affecting the Property is as follows: (a) Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 357 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". (b) Ordinance by Aspen Historic Preservation Committee recorded October 25, 1975 in Book 321 at Page 51. (c) Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded March 30, 2011 as Reception No. 578767 as Resolution No. 4, Series of 2011. (d) Terms, conditions,provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded May 20, 2011 as Reception No. 580044 as Resolution No. 11, Series of 2011. (e) Terms, conditions,provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded December 8, 2011 as Reception No. 584896 as Resolution No. 13, Series of 2011. (f) Terms, conditions, provisions and obligations as set forth in Subdivision Improvement Agreement for 518 West Main Street recorded January 6, 2012 as Reception No. 585689. 1 BUS RE/5300667.1 (g) Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 21, Series of 2011 by the City Council of the City of Aspen, Colorado recorded January 10, 2012 as Reception No. 585786. 5. Fat City Holdings, LLC acquired title to the Property on March 10, 2010, pursuant to the Deed recorded as Reception No. 567518 of the records of Pitkin County, Colorado, and the Deed recorded as Reception No. 567522 of the records of Pitkin County, Colorado, copies of which are attached. 6. The owner Fat City Holdings, LLC has the right to apply for development of the Property as the sole and exclusive owner of the Property. Dated: August 20, 2014 B. Joseph Krabacher Attorney at Law 320 W. Main Street Aspen CO 81611 STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The foregoing Certificate of Ownership was acknowledged before me, a Notary Public in and for the State of Colorado, by B. Joseph Krabacher, personally known to me to be the person who subscribed the within instrument this 20"' day of August, 2014. Witness my hand and seal. My Commission Expires: D c-� OO Nota) Publ c 0,0'41307....... Q':•• ����•'•:Y0 cc •d 0 . A- : co 00.�y.t 0 N71 Ak�.•�\X 2 BUS RE/5300667.1 COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property Fat City Holdings, LLC Phone No.:970 379 3434 Owner("I"): Email:p.fornell@comcast.net Address of 518 W. Main Street Billing 402 Midland Park Place Property: Aspen CO 81611 Address: Aspen CO 81611 (subject of (send bills here) 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. $.0 flat fee for Select Dept $0 flat fee for Select Dept $0 flat fee for Select Dept $ 0 flat fee for Select Review 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. $ 735 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$325 per hour. $ 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 . V ' S Chris Bendon Fat City Holdings; LLC Community Development Director Name: City Use: Title: Manager Fees Due: $735 Received:$ 2013 . 130 • 1 920-5090 ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: _ Location: (Indicate street address, lot& block number, legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: Address: `z Phone#: REPRESENTATIVE: Name: Address: Phone#: 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.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Have you attached the following? FEES DUE: 9--?re-Application Conference Summary [4—Attachment#1, Signed Fee Agreement ❑ Response to Attachment#3, Dimensional Requirements Form 0 — �esponse to Attachment#4,Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project A)/,49—. All plans that are larger than 8.5"X 11"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. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 970.429.2741, DATE: July 1, 2014 PROJECT: 518 W. Main St,. Condominiumization REPRESENTATIVE: Peter Fornell, p.fornell@comcast.net REQUEST: Condominiumization, Administrative Review DESCRIPTION: 518 West Main Street received a development order effective on November 27, 2011 to develop a 100%affordable housing project comprising 11 deed restricted for-sale affordable housing units. City Council Ordinance 21, Series of 2011 requires that the applicant condominiumize the units after substantial completion of the project and requires recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Condomiumization is an administrative approval. A copy of the Land Use Application form, as well as planning fees are located online at: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2013%2Oland%20 use%20app%20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: Planning and Engineering Staff for completeness Community Development Director & City Engineer for approval Public Hearing: Not Applicable Neighborhood Outreach: Not Applicable ASLU or AHPC Type of Case Address Parcel ID 1 Planning Fees: $735 deposit for 3 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: Total Deposit: $735.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) To apply, submit the following information: /'C"ompleted Land Use Application and signed fee agreement. to/pre-application Conference Summary (this document). �otal deposit for review of the application. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. O/Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Proposed condominium plat. ❑ Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: http://www.aspenpitkin.com/Departments/Community- Development/Planning-and-Zoning/Recent-Code-Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. QA written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. V/ Copies of the complete application packet and, if applicable, associated drawings. (list # of copies typically associated with PZ, HPC, and CC review, 1 per referral agency) 2 /didigital co of the application provided in df file format. 9 copy pp p p P/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. Y�" All necessary items found in Land Use Codes Section 26.480.090, Condominiumization. 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. 3 C COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property Owner("I"): Email: n �yrc.�l® C �z2hone No.: Address of Property: ee_ 14 c-- (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. 12� This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. 1Bu G Owner signature: date: Owner printed name: n �jN� PV,Gr. cy a/ J C'-✓ or, Attorney signature: date: Attorney printed name: • • AUTHORIZATION OF THE VOTING MEMBERS AND DIRECTORS OF THE FORNELL CONDOMINIUM ASSOCIATION,INC. August 20, 2014 Aspen, Colorado The undersigned, constituting the sole member and sole director of THE FORNELL CONDOMINIUM ASSOCIATION,INC. , a Colorado non-profit corporation (the "Corporation"), does hereby waive any notice of meeting, and consents to and adopts the following resolutions to be effective as of the date hereof: RESOLVED, that Peter Fornell on behalf of the Corporation is authorized to submit and process an application for subdivision exemption with the City of Aspen to approve a condominium map for 518 W. Main, Aspen CO 81611. This Unanimous Written Consent may be executed in counterparts, all of which shall be taken together as one instrument. MEMB Peter ornell DIREC Peter Fornell BUS-RE/5362570.1 1 THE CITY of ASPEN Land Use Application Determination of Completeness Date: August 27; 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0070 2014 ASLU- 518 W. Main Street, Condominiumization. Sara Nadoln will be the lanner for the land use case. ® Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed _ above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. -Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, Chnife P elan, Deputy Planning Director City of spen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No !><_ Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQ.S Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging 27351244300c', 0070 (i rmits ,Sm, 16, a � % ' - _ r ' File Edit £9Recard a faigat� Farm ECepOs Fermat Tab He ,_.. JAI )umpr� � `� I - z r INk '[Ma�]Custom Fel Routfn tin Fee Summa Acfions Roim Histo�s g �n _ .510 g c, , Permit type aslu Aspen Land Use Pennrt'" 00701014 ASLIi a MAII,I ST { _ . address Apt Suite oGiy ASPEN TS ti CO Zip. 61611 s� !3 Permitinforma�onw s- im € i a PMN ,r '' K �� � aslu07 06'2612014 ` �ta�ter`pe`rrrit Routing queues ��pplled pending Project. Status approved w.w,,77k, F o I Desrnptiori APPLICATIOI!FOR COf1DOf 11N1U1,41ZAT10fJ FOR FAT CITY HOLDINGS DEPOSIT � 'ed --- gg' PAID FOR 5736.00 IS SHORT X240.00 SHOULD BE 5975-00 FOR 3 HOURS DEPOSIT na sed,Ffl it Clo I � �z S�lbmitted Click Running Das 0 ire iOortV2 ` OWile n i I Last name-fORNELL First name IPETER 402 MIDLAh1D PARI,PL � . r ,ASPEN CO 61611 Phone 19�0}379-3344 Address applicant II ' Owner is applicant? Contractor is applicant? Last name FORNELL First name PETER 402iv11DLAidD PARK PL ASPEN CO 61611 -144 _ 29?63Phone Cust Adrlrss'. Under - Last name First name Phone !. ) - � address i � j AspenGold6(Ea4 angelas 1 of 1 Vii. i CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Hillary Seminick, 970.429.2741 DATE: July 1, 2014 PROJECT: 518 W. Main St, Condom iniumization REPRESENTATIVE: Peter Fornell, p.fornell@comcast.net REQUEST: Condom iniumization, Administrative Review DESCRIPTION: 518 West Main Street received a development order effective on November 27, 2011 to develop a 100% affordable housing project comprising 11 deed restricted for-sale affordab.le housing units. City Council Ordinance 21, Series of 2011 requires that the applicant condominiumize the units after substantial completion of the project and requires.recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Condominiumization is an administrative approval. A copy of the Land Use Application form, as well as planning fees are located online at: http://www aspenpitkin com/Departments/Community-Development/Planning-and- Zoning/Applications-and-Fees/ A copy of the Land Use Code is available online at: http://www aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning[Title-26- Land-Use-Code/ Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www aspen pitkin com/Portals/Oldocs/City/Comdev/Apps%20and%20Fees/2013%20land%20 use%20app%20form.pdf Land Use Code: http://www aspenpitkin com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Relevant Land Use Code Section(s): 26.30.4 Common Development Review Procedures 26.480.090 Condominiumizatiori Review by: Planning and Engineering Staff for completeness Community Development Director & City Engineer for approval Public Hearing: Not Applicable Neighborhood Outreach: Not Applicable ASLU Condominiumization 518 W. Main St. 2735-124-43-006 1 J, Planning Fees: $650 deposit for 2 hours of staff time. Any unbilled portion of this deposit will be refunded at the conclusion of the case. Additional staff hours, if needed, will be billed at $325 per hour. Referrals: $265 for one hour of Engineering Staff review. Additional hours will be billed at $265/hour. . Total Deposit: $915.00 (Additional fees will be required for filing. Those fees will be identified and due just prior'to filing of the plat.) To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre-application Conference Summary (this document). ❑ Total deposit for review of the application. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ Proposed condominium plat. ❑ Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: http://www.aspenpitkin.com/Departments/Community- Develop ment/P Ian n i ng-a nd-Zo n i ng/Recent-Code-Ame nd ments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 2 COMMUNITY • ' DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representinq the property owner. Name: Property Owner("I'T Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: 1. ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. (list # of copies typically associated with PZ, HPC, and CC review, 1 per referral agency) ❑ A digital copy of the application provided in pdf file format. ❑ 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. ❑ All necessary items found in Land Use Codes Section 26.480.090, Condom iniumization. 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. 3 !I CERTIFICATE OF DEDICATION AND OWNERSHIP Know all men by these presents that Fat City Holdings, LLC, a Colorado limited liability company, being the sole owner in fee simple of all of that real property described herein, situated in the County of Pitkin, State of Colorado being more particularly described as follows: Lots P and Q and the east one-half of Lot 0, Block 30, City and Townsite of Aspen Has by these presents laid out, platted and described the same into condominium units and common elements as shown hereon and consolidate the same as part of The Fornell pursuant to the Condominium Declaration for The Fomell, recorded as Reception No. �J 3 5�5 in the real property records of Pitkin County, Colorado. Executed this day of , 2014 Owner: Fat City ngs, LLC By: P ter ell, Man ger State of Colorado } County of Pitkin ) ss. The foregoing Certificate of Ownership was acknowledged before me of SsaiLto b&VO , 2014 by Peter Fornell as Manager of Fat Cil LLC. Witness my hand and official seal. My commission expires: TITLE CERTIFICATE tiBtcE;MD 2318 `. The undersigned, duly authorized representative of Pitkin County Title regularly doing business in Pitkin County, Colorado, does hereby certi. Owner listed on this plat does hold fee simple title to the within real p; and clear of all liens and encumbrances except those listed on the Pro F Report issued by Pitkin County Title, Inc., Case No. PCT 24111P date( 2014. Although we believe the facts stated on this plat are true, this cei to be construed as an abstract of title nor an opinion of title nor guarani it is understood and agreed that Pitkin County Title, Inc. neither assum charged with any financial obligation or liability whatsoever on any sta contained herein. Pitkin County Title, Inc. 601 E. Hopkins Aspen Colorado 81611 Namd'—/a/>7 "%Gt/jrt',.yFGG Title77 , -d%4/n iP e^ State of Colorado ) County of Pitkin ) ss he foregoing Title Certificate was acknowledged before me this 114 ZiiiMtxrv% we 2014 by' ;WtOrI4 as'if -e County Title, Inc. it ,WY 3. fiFt3E�E5 tlw�v �uactc STAM Of COLORADO Mar Elt'utEsr t8 20wa VICINITY MAP 1 "=400' ''' WN" COA GPS MONUME k �0,� C) ND 0 HINI UM MA LOTS P&Q & EAST % OF LOT 01 BLOCK 30 CITY AND TQWNSITE OF ASPEN COUNTY OF PITKiN, STATE OF COLORADO THE PURPOSE OF THIS PLAT IS TO ESTABLISH SEPERATE OWNERSHIP INTERESTS -*(!P AT THIS PROPERTY. vwmmvlvf r F WcVCLyrMCIV I UIKCGI UK APPHUVAL THIS CONDOMINIUM MAP OF THE FORNELL HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF A,$PEN OMNOJNITY DEVELO MENT DIRECTOR THIS—Z-57 OFA s 20 TO THE EXTENT THAT ANYTHING IN'THIS PLAT IS INCONSfSTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATI AND BUILDIN ODES, SUCH OTHER DEVELOPMENT ORDERSj4gLAWS SHALL CONTROL. COWMUKITY DEVELOPMENT DIRECTOR CITY ENGINEER'S REVIEW THIS CONDOMINIUM PLAT OF THE FORNELL WAS REVIEWED FOR THE DEPICTION OF THEGINEERING DEPARTMENT SURVEY %EQU�LTayiIS_-j __, DAY OF CITY ENC NEER PE % ACCEPTANCE FOR RECORDING THIS CONDOMINIUM MAP OF THE FORNELL HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE RF COLORADO, . AT-3_LZ0'CLOCK Q M. THIS AS—DAY OF___ IN PLA BO _�O AT PAGE] ::. AS RECEPTI NUMBER CLERK & RECORDER INDEX SHEET 1: TITLE PAGE/SITE PLAN SHEET 2: BUILDING 1 SHEET 3: BUILDING 2 SHEET 4: BUILDING 3 ❑ 5 10 20 1" = 10' NOTES 1) BASIS OF BEARING: A BEARING OF N75'09'11 "W BETWEEN A FOUND REBAR AND RPC LS# 16129 AT THE PROPERTY CORNER AND A FOUND REBAR AND ALC CITY MONUMENT AT THE S.W. CORNER OF BLOCK 30. 2) ELEVATIONS BASED UPON CITY OF ASPEN GPS MONUMENT NO. 7 1988 DATUM (7935.12'). BENCHMARK= 7921.59' AT S.W. PROPERTY CORNER. 3) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT. 4) ACCORDING TO FIRM MAP 08097CO203C, PANEL 203 OF 325, DATED JUNE 4, 198; SAID LOT IS CONSIDERED TO BE N ZONE X AND OUTSIDE THE 500 YEAR FLOOD PLAIT 5) ALL INTERIOR DIMENSIONS ARE WITHIN 0.1' TOLERANCE t. 6) THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD AREA AS DEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NO. 191 FIGURE ES -15. 7) LOT AREA = 7500 SQ.FT.t 8) POSTED ADRESS IS 518 W. MAIN ST. 9) PARKING SPACES ARE CONSIDERED A GENERAL COMMON ELEMENT. SPACE #5 HAS SPECIAL DESIGNATION DIE -SCRIBED IN S CITION 12.3 OF THE CONDOMINIUM DECLARATION RECORDED IN BOOK _ AT PAGE . RJ.4 024S,43 LEGEND INDICATES FOUND CITY MONUMENT AS DESCRIBED. OO INDICATES FOUND MONUMENT AS DESCRIBED. El INDICATES SET MONUMENT ALT LS# 37972 ALT ALUMINUM TAG RPC RED PLASTIC CAP ALC ALUMINUM CAP © TELEPHONE RISER ® ELECTRIC TRANSFORMER ® SEWER CLEANOUT -*(!P CURB STOP EM ELECTRIC METER © DRAINAGE CLEANOUT WW WINDOW WELL 1y�( LIGHT POLE (M) DRY WELL pd WATER VALVE 13 B ^z FENCE LINE LCE=LIMITED COMMON ELEMENT GCE=GENERAL COMMON ELEMENT FF=FINISHED FLOOR (TOP OF PLYWOOD OR CONCRETE ELEVATION) CH=CEILING HEIGHT WW=WINDOW WELL SURVEYOR'S CERTIFICATE I, MICHAEL P. LAFFERTY, A REGISTERED COLORADO LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF THE FORNELL. THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER: THE LOCATION (WITH REFERENCED TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT; THE LOCATION AND SCALE OF LIMITED COMMON ELEMENTS AND THE LOCATION OF OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON. THE SAME ARE BASED ON A FIELD SURVEY PERFORMED UNDER MY SUPERVISION ON 06/2014. THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106. THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. ALL STRUCTURAL COMPONENTS OF THE BUILDING CONTAINING OR COMPRISING ALL UNITS CREATED BY THE CONDOMINIUM DECLARATION AND THIS CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THIS CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. MICHAEL P. LAFFERTY PLS. # 37972 Rocky Mountain Surveying 4133 crystal springs rd carbondale co 81623 phone 970-379-1919 fax 970.963-5873 laff@sopris.net DATE SURVEYED: 06/2014 REVISED: FILE NO: 11531 CLIENT: FORNELL SHEET 1 ( NOTICE: According to Colorado law you must commence any legal action b upon any defect in this survey within three years after you first discover such In no event may any action based upon any defect in this survey be commenc than ten years from the date of the certification shown hereon.