HomeMy WebLinkAbout0 Application Letter
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
March 9, 2021
Ms. Amy Simon
Planning Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Condo Plat Vacation – 109 E Hyman Avenue, Units A and B
Ms. Simon:
Please accept the attached application for the vacation of the existing condominium plat for the
property located at 109 E Hyman Avenue.
The property is an approximately 6,000 square foot lot located in downtown Aspen. The property
contains a legally established single-family residence that was converted from a duplex in 2015.
The property is zoned RMF, which allows for single family, duplex, and multi-family uses.
The current owners of the property, HBN Family Trust, submitted a building permit in 2015 to
renovate the existing building and combine the two units into a single home. The property was
reviewed by the Building and Zoning Departments and was deemed to be compliant with
underlying zoning dimensional requirements1.
The property is considered to be both a conforming structure and a conforming use where all
property records were updated with the exception of the outstanding condominium plat which
should have been vacated subsequent to the Certificate of Occupancy in 2018.
While the separate title commitments do not have any impact on the day-to-day use of the
property, they do have a significant impact on the title chain, property taxes, and the ability to
finance/refinance the home. The application proposes to vacate the existing Condominium Plat
(Bk. 22 Pg. 58) in order to file single-ownership and amend associated home ownership
documentation to reflect the current status of the property.
The Land Use Code allows for condominiumization to “establish, amend, or vacate separate
ownership interests of a single property in a Condominium or Common Ownership Interest
Community for of ownership to be approved or approved with conditions by the Community
Development Director.”
1 Of note, the renovation reduced the Floor Area of the duplex to be within the allowable thresholds for a single-family residence and
confirmed compliance with dimensional requirements for the RMF Zone District.
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
This proposed vacation of the condominium plat for 109 E Hyman Avenue meets the applicable
standards within the Land Use Code and demonstrates good cause for the request. The additional
attachments should provide everything outlined in the pre-application summary.
If you have any questions, or we can provide you with further information to assist with your review
please let us know.
Kind Regards,
Anna Reilly Thimons
BendonAdams LLC
Attachments:
1. Pre-Application Summary
2. Review Standards
3. LU Application Form
4. Agreement to Pay Form
5. HOA compliance
6. Authorization to represent
7. Proof of ownership
8. Vicinity Map
9. SFR CO 2018
10. Condo Plat to be Vacated
11. Notice to Vacate Condo Declarations and Covenants
12. Notice to Vacate Condo Plat