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Home My WebLink About2020-11-10 Application for Amendment to Condominium Map (52494943v1) Active/52183982.7 __________________________________________________________________________________ CITY OF ASPEN 130 S. Galena Street, 3rd Floor Aspen CO 81611 ____________________________________________________________________________________ APPLICATION FOR AMENDMENT TO CONDOMINIUM MAP 1290 and 1286 Snowbunny Lane Aspen CO 81611 (Melville Condominiums) (The Melville Condominium Exemption Application) Date: November 10, 2020 Location/Address: Melville Condominiums: Lot 5, Block 2, Snowbunny Subdivision according to the plat thereof, recorded May 2, 1957 in plat book 2A at page 229 also known as 1286 and 1290 Snowbunny Lane, Aspen, Colorado 81611 Individual Units of Melville Condominiums: Unit 1286, MELVILLE CONDOMINIUMS, according to the Condominium Map thereof recorded in Plat Book 90 at Page 92, as Reception No. 558191, and the Condominium Declarations of Melville Condominiums, recorded April 23, 2009, as Reception No. 558192, and the First Amendment to the Condominium Declaration for Melville Condominiums, recorded July 22, 2009, as Reception No. 561106, Pitkin County. Parcel ID No. 273501311001 Unit 1290, MELVILLE CONDOMINIUMS, according to the Condominium Map thereof recorded in Plat Book 90 at Page 92, as Reception No. 558191, and the Condominium Declarations of Melville Condominiums, recorded April 23, 2009, as Reception No. 558192, and the First Amendment to the Condominium Declaration for Melville Condominiums, recorded July 22, 2009, as Reception No. 561106, Pitkin County, Colorado. Parcel No. 273501311800 Owner: Craig W. Melville and Teresa M. Lee-Melville (1286 Snowbunny Lane, Aspen, CO 81611) Melville Family Trust UTA dated April 28, 1994 (1290 Snowbunny Lane, Aspen, CO 81611) 2 Active/52183982.7 Address/Phone/ Email: Craig W. Melville and Teresa M. Lee-Melville 1286 Snowbunny Lane Aspen, CO 81611 970-319-7882 Email: craig@themelvilles.com Melville Family Trust Attention: Susan Melville Warren 1290 Snowbunny Lane Aspen, CO 81611 970-319-2218 Email: smwarren.aspen@gmail.com Representative: B. Joseph Krabacher Address: Sherman & Howard L.L.C. 320 W. Main Street Aspen CO 81611 Telephone/Email: (970) 300 0123 Email: jkrabacher@shermanhoward.com SUBMITTALS: √ Application Deposit: $975.00 √ Authorization to Represent √ Certificate of Ownership √ Completed Land Use Application (with Schedules) √ Signed Fee Agreement √ HOA Compliance Form √ Pre-Application Conference Summary √ Vicinity map locating parcel within City of Aspen (8.5 x 11). √ Draft plat meeting plat requirements of Chapter 26.490. √ Description of Proposal and Compliance with Standards found at Section 26.480.050.A of the land use code. Representative Signature: ___________________________ B. Joseph Krabacher -------------------------------------------------------------------------------------------------------------------- B Joseph Krabacher (Nov 10, 2020 12:34 MST) B Joseph Krabacher 3 Active/52183982.7 DESCRIPTION OF PROPOSAL AND COMPLIANCE WITH STANDARDS APPLICATION FOR AMENDMENT TO CONDOMINIUM MAP 1290 and 1286 Snowbunny Lane Aspen CO 81611 (Melville Condominiums) 1. Introduction. The Applicants each own one of the only two units of the Melville Condominiums located at 1286 and 1290 Snowbunny Lane, Aspen, CO 81611 (the “Units”). The Applicants seek to amend and restate the existing“Condominium Map” as defined in the existing Condominium Declaration of Melville Condominiums recorded at Pitkin County Records at Reception No 558192 (the “Declaration”). The Condominium Map is recorded as the Common Interest Community Plat of Melville Condominium at Pitkin County Records at Book 90, Page 92. The Declaration and the Condominium Map are submitted with this Application as Schedule A and Schedule B respectively. 2. Pre-Application Conference. The Applicant held a pre-application conference and a pre- application conference summary was issued on September 11, 2020, a copy of which is submitted with this Application. 3. Summary of Application. The Melville Condominiums consist of one building with two residential free-market units, 1286 Snowbunny Lane owned by Craig W. Melville and Teresa M. Lee- Melville ( the “Melvilles”) and 1290 Snowbunny Lane owned by the Melville Family Trust UTA dated April 28, 1994 (the “Trust”). The Trust and the Melvilles are collectively the “Applicants.” Since the formation of the Melville Condominiums, the 1290 Snowbunny Lane Unit had properly undergone renovations that extended the dimensions of its exterior walls and enlarged its interior space. The change to that Unit’s exterior walls can be seen by comparing the existing Condominium Map with the proposed Amended and Restated Condominium Map of the Melville Condominiums (also submitted with this Application, the “Amended Condominium Map”). Contemporaneously with the approval of the Amended Condominium Map, the Applicants will also execute and record the Amended and Restated Declaration of Melville Condominiums (also enclosed with this Application). Pursuant to the requirements of Section 8.01 of the existing Declaration (as amended), the Applicants agree to amend the Condominium Map in the form of the Amended Condominium Map to reflect the correct unit dimensions. Because amendments to condominium plats are subject to subdivision requirements set forth in Chapter 26.480 of the Aspen Land Use Code, Applicants seek approval to amend and record the Amended Condominium Map as provided herein. 4. Review Standards. A. The Application is subject to Aspen Land Use Code Section 26.480.20. Standard: This Chapter shall apply to creating, amending, aggregating, or vacating separate deeded interests in a property including fractional fee interest, timeshare or time-span estate, condominium interest, interest in a common interest community, or similar forms of real estate interest. Response: The Application proposes to amend the Condominium Map so that the exterior dimensions of the units set forth on the Condominium Map reflect the actual existing dimensions. B. The Application is subject to review by the Community Development Director as an “Administrative Subdivision” in accordance with Sec. 26.480.030 – “Procedures for review”. 4 Active/52183982.7 Standard: The Community Development Director shall approve, approve with conditions or deny the application, based on the standards of review in Section 26.480.050, Administrative Subdivisions. Response: The Application to amend the dimensions of the Units on the Condominium Map is an “Administrative Subdivision” pursuant to Section 26.480.050 as described below and accordingly is subject to approval by the Community Development Director. C. The Application’s proposed amendment is an administrative subdivision subject to the review by the Community Development Director pursuant to the standards of Aspen Land Use Code Section 26.480.050(a), Condominiumization. Standard: 26.480.050 Administrative Subdivisions. The following types of subdivision shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030 - Procedures for Review, and the standards and limitations of each type of subdivision, described below: (a) Condominiumization. A subdivision to establish, amend, or vacate separate ownership interests of a single property in a Condominium . . . shall be approved, approved with conditions, or denied by the Community Development Director. Response: The Application proposes to amend the dimensions the 1290 Snowbunny Lane Unit of the Melville Condominiums as set forth on the Condominium Map to reflect the Unit’s actual existing dimensions as shown on the Amended Condominium Map, due to renovation of that Unit, and as such is a proposed amendment to separate ownership interests of a single property in a Condominium. D. The Application’s proposed Amended Condominium Map complies with the standards for Condominium Plats set forth in Aspen Land Use Code Section 26.480.050(a), Condominiumization. Standard: The Condominium Plat is in an acceptable style and format as prescribed in Title 29 – Engineering Design Standards for Condominium Plats. Response. The Amended Condominium Map is hereby submitted for review and approval by the Community Development Department and the Engineering Department. E. The Amended Condominium Map is a Condominium Plat and is subject to the recording requirements of Section 26.480.050(a). 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 Amended Condominium Map 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. Application for Amendment to Condominium Map Final Audit Report 2020-11-10 Created:2020-11-10 By:Joe Krabacher (jkrabacher@shermanhoward.com) Status:Signed Transaction ID:CBJCHBCAABAAWMXG7pGrC4rmH_SfMj1FnRk_Brus0AcX "Application for Amendment to Condominium Map" History Document created by Joe Krabacher (jkrabacher@shermanhoward.com) 2020-11-10 - 7:25:54 PM GMT- IP address: 192.184.124.4 Document emailed to B Joseph Krabacher (jkrabacher@sah.com) for signature 2020-11-10 - 7:26:11 PM GMT Email viewed by B Joseph Krabacher (jkrabacher@sah.com) 2020-11-10 - 7:33:48 PM GMT- IP address: 192.184.124.4 Document e-signed by B Joseph Krabacher (jkrabacher@sah.com) Signature Date: 2020-11-10 - 7:34:11 PM GMT - Time Source: server- IP address: 192.184.124.4 Agreement completed. 2020-11-10 - 7:34:11 PM GMT