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HomeMy WebLinkAboutLanduse Case.CO.118 E Hyman Ave.0033.2016.ASLUr 0033.2016.ASLU 120 E HYMAN AVE CORKSCREW CONDO - ADMIN DETERMINATION 2735 1246 0003 & 27351246 0004 C Al PATH: G/DRIVE / MAS' R FILES/ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS r:3 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0033.2016.ASLU PARCEL ID NUMBERS 2735 1246 0003 & 2735 1246 0004 PROJECT ADDRESS 120 E HYMAN PLANNER JENNIFER PHELAN CASE DESCRIPTION APPLICATION FOR CORKSCREW DUPLEX CONDOMINIUM REPRESENTATIVE PAUL TADDUNE DATE OF FINAL ACTION 05.9.2016 CLOSED BY KARLA HENRICHON 7.20.2016 ,2-i35- -124(e -do03 -- 273s- -/2�` -6009r- vo33.2oko• Asl-LA Permits(1k.L I File` Edit Record Navigate Form Reports Format Tab Help jump 1 11 6 Main Custom Fields Routing Status Fee Summary Actions Routing History i o Permit type Aspen Land Use Permit r 0033 2016 ASLU Address 120 E HYMAN Apt/Su to o 0 City ASPEN State CO Zip 81611 °x Permit Information o Master permit F_ Routing queue hi 5 Applied O4/1512016 Z Project Status 1pending Approved 0 m Description APPLICATION FOR CORKSCREW DUPLEX CONDOMINIUM -ADMINISTRATIVE Issued DETERMINATION Closed/Final Submitted PAUL TADDUNE 970 925 9190 Clock Running Days Expires O4/1012017 Submitted via Owner Last name 1PERREAULT First name 1GEORGE C 9336 CAPTAIN KIDD AVE SARASOTA FL 34231-5442 Phone ( ) - Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name ISCHMIDT First name ICHERYL PO BOX 2768 ASPEN CO 81612 Phone (970) 925-1677 Cust # 130336 Address Email CSCHMIDT@ROF.NET Lender Last name First name Phone ( ) Address AspenGold5 (server; angelas _ 1 of 1 1067 RECEPTION#: 629558, 05/25/2016 at • 1 PM, 2. R $16.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINTATION JURISDICTION: City of Aspen TOPIC OF DETERMINATION: Corkscrew Duplex Condominiums EFFECTIVE DATE: WRITTEN BY: APPROVED B May 9, 2016 Jennifer Phelan, Deputy Planning Director Jessica Garrow, Community Development Director SUMMARY: In 1984 restrictive covenants were drafted and recorded for Units 3 and 4 which identified the units as deed restricted employee dwelling units and detailed their use as employee dwelling units. All previous documentation related to the condominiumization of the Corkscrew Duplex Condominiums referred to Units 2 and 4 as the deed restricted employee dwelling units. Pitkin County Title Company has requested this interpretation to properly identify which unit is the deed restricted employee dwelling unit and which unit is the unrestricted free market unit. BACKGROUND: In 1982 the City of Aspen approved the condominiumization of the Corkscrew Duplex Condominiums which entailed a total of four dwelling units: Units 1 and 2 118 East Hyman and Units 3 and 4 120 East Hyman. The approval required the recordation of restricted covenants. The Declaration of Covenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums recorded May 26, 1982 in Book 426 at Page 971 Reception No. 241519 confirms that Units 2 and 4 are the deed restricted employee dwelling units. In 1984 another set of covenants was recorded in Book 464 at Page 133 Reception No. 258546. This document identified Units 3 and 4 as the deed restricted employee dwelling units. It is believed that the second set of covenants is incorrect and should have identified Units 2 and 4 as the deed restricted units. DISCUSSION: Staff relied on the following part of the Land Use Code to render this determination: Section 26.306— Interpretations of Title An interpretation may be requested by any affected person, any resident or real property owner in the city or any person having a contractual interest in real property in the City. The Community Development director shall have the authority to initiate the interpretations of title 26. Page 1 of 2 Documentation related to the 1982 Statement of Exception to the Full Subdivision Process approved the condominiumization of four dwelling units and the covenants identified Units 2 and 4 as the two units to be deed restricted employee dwelling units. The recorded condominium plat presents floor plans of all four units and identifies each unit and Units 2 and 4 are the basement units. Recent correspondence with the Aspen/Pitkin County Housing Authority confirms that only Unit 4 is deed restricted. The Housing Authority has a description of the employee dwelling unit that appears to match the recorded condominium plat Book 13 at Page 46. The deed restriction on Unit 2 was released in 1990 and a buy -down unit, in another location in town, was purchased and deed restricted as its replacement. There is no documentation in the Housing Authority for Unit 3 120 East Hyman. DETERMINATION: The Exception to the Full Subdivision Process identified four dwelling units that were condominiumized: Units 1 and 2 at 118 East Hyman and Units 3 and 4 at 120 East Hyman. The recorded plat illustrates each of the units. The 1982 recorded CC&Rs Book 426 at Page 971 Reception No. 241519 deed restrict Units 2 and 4 as employee dwelling units. The Housing Authority has documentation that there is a one -bedroom, moderate income, 688 square foot unit located at 120 East Hyman. In 1984 Units 3 and 4 were quit claimed to another property owner. This transfer occurred just after the 1984 covenant, Book 464 at Page 133 Reception No. 258516, for Units 3 and 4 was recorded. The 1984 document expanded the restrictions of the deed restricted units but identified only Units 3 and 4. However, there is no recorded documentation or information in the Housing Authority that suggests that Unit 3 should be a deed restricted employee dwelling unit. Therefore, it is staff s determination that the 1984 covenant, Book 464 at Page 133 Reception No. 258516 is in error. Unit 4 is intended to be the deed restricted unit for the building located at 120 East Hyman. There is no historical documentation indicating that Unit 3, located at 120 East Hyman, was to be a deed restricted employee dwelling unit. Based upon the Exception to the Full Subdivision Process, Unit 3 was approved as an unrestricted free market dwelling unit. APPEAL OF DECISION: Any person who has made a request for interpretation may appeal the interpretation of the Community Development director to the City Council in accordance with the appeal procedures set forth at Chapter 26.316. ATTACHMENTS: ( Wf: Lel' Exhibit A — Letter of Request for Interpretation Exhibit B —1982 Statement of Exception for the Full Subdivision Process with Condominium Plat Reception No. 241518 Exhibit C — 1982 Declaration of CC&Rs Book 426 at Page 971 Reception No. 241519 Exhibit D — 1984 Restrictive Covenants Book 464 at Page 133 Reception No. 258516 Exhibit E — Aspen/Pitkin County Housing Authority Correspondence March 10, 2016 Page 2 of 2 Exhibit A 6 LAW OFFICES OF PAUL J. TADDUNE, P.C. PAUL J. TADDUNF. .42.1 W ESr MAIN STREET, SUITE 301 ASPEN, COLORAM) 81611 TELEPHONE (970) 925-9190 TELEFAx (970)925-9199 INTERNFr: taddune0.compuserve.cnm April 11, 2016 VIA E-MAIL: jennifer.phelan(a?cityufaspen.cum Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Corkscrew Duplex Condominiums Dear Jennifer: AFFILIATED OFFICE FOWLER, SCHIMBERG & FLANAUAN, P.C. 1640 GRANT STREET, SUITE. 300 DENVER, COLORADO 80203 TELEPHONE (303) 29843603 TELFFAx (303) 298-8748 "Thank you for returning my call on Friday, April 8, 2016 regarding the application submitted by Cheryl Schmidt requesting an interpretation from the Community Development Director that Unit 3 of the Corkscrew Duplex Condominiums is not, nor was it intended to be a restricted employee unit. As we discussed, the owner of Units 3 and 4, requests an interpretation pursuant to Chapter 26.306 that the Restrictive Covenants as it relates to the requirements of the City of Aspen Land Use Code in approving the Corkscrew Duplex Condominiums should be construed to mean that Unit 4 is a deed restricted unit but that Unit 3 is an unrestricted free market unit. Please consider this letter as a supplement or amendment to the application filed by Cheryl. A copy of the Restrictive Covenants dated April 3, 1984. recorded on April 4, 1984 in Book 464 at Page 133 as Reception No. 258516 is attached as Exhibit 1. Attached as Exhibit 2 is an e-mail from Cindy Christiansen to Joy Nigens. Pitkin County Title, dated Thursday, March 10, 2016 that states that the only employee unit on the premises of the Corkscrew Duplex Condominiums is Unit No. 4. Therefore, the Restrictive Covenants should be correctly interpreted such that the intended restriction applied only to Units 2 and 4, the Corkscrew Duplex Condominiums. This interpretation is further supported by the Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization f'or the Corkscrew Duplex Condominiums dated May 24. 1982 and recorded on May 26, 1982 in Book 426 at Page 969 as Reception No. 241518 attached as Exhibit 3. The Statement of Exception describes the parcel as 118 East Flyman Street (Units 1 and 2) and 120 East lfyman Street (Units 3 and 4). Attached as Exhibit 4 is a Declaration of C'ovenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums dated as of May 10. 1982 that was recorded on May 26, 1982 in Book 426 at Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department April 11, 2016 Page 2 Page 971 as Reception No. 241519 in compliance with the Statement of Exception. Paragraph 3 of the Declaration of Covenants, Restrictions and Conditions states: "2. The two (2) employee housing units (Units 2 and 4) located on the above -described property shall and hereby are restricted to use as employee housing as described in Section 24-11.4(b)(3) of the Municipal Code of the City of Aspen ..." I am also attaching as Exhibit 5 a copy of the Corkscrew Duplex Condominiums Plat recorded in Book 13 at Page 46 for easy reference. As we also discussed during our telephone call, this request for an interpretation pursuant to Chapter 26.306 of the Aspen Land Use Code was recommended by Jim True after reviewing the attached documents as the most simple and direct approach to confirm that only Unit 4 is an employee housing unit within the requirements of the then City of Aspen Land Use Code and that Unit 3 is an unrestricted free market unit. A proposed interpretation is attached as Exhibit 6 and also attached in Word format for your convenience. This determination may be recorded in the real property records of Pitkin County. Please confirm that the application is now complete. When I receive confirmation from you that this is correct, Cheryl will drop off check for the application fee. Thank you for the time and attention you can give to this matter. The clarification is requested in the context of several offers to purchase Units 3 and 4. Very truly yours, PAUL J. TADDUNE, P.C. Paul J. Taddune PJ T: nwe cc: Cheryl Schmidt Enclosures • Exhibit B °C•CK 426 rut 969 2 4 1 5 1 B STATEMENT OF EXCEPTION FROM TBE FULL SUBDIVISION PROCESS FOR nif, PURPOSE OF COUM41N1UNIZATIOH FOR THE CORKSCREW DUPLEX CONDOMINIUMS LORETTA BANNER PITKIN OTY. RECORDER HAY 26 224 PH'82 WHEREAS, Edwin W. Baker, Jr., and Donald J. Egan, (hereinafter "Applicant'), are the owners of a parcel of real property (and the Improvements thereon) situated in the City of Aspen, Pitkin County. Colorado, more particularly described as followsn Lots N. O and P, Block 68, City of Aspen, County of Pitkin, state of ooloradoj also described as 118 East Nyman Street (Units 1 and 2) and 120 East Nyman street (Units S and 4) in Aspen, Colorado! and WHEREAS, applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the building on the subject property (said building commonly known as the Corkscrew Duplex Condominiums); and e WHEREAS, the Aspen Planning and Zoning Commission at its meeting n of May 4. 1982. determined that such exception would be appropriate and recommended that the same be granted, subject, however, to the conditions described hereinafter: and WHEREAS, the City Council determined at its meeting of that the owners' request for such exception was appropriate and gr:-t.-i said request, subject, however, to the corditions described hereinafterr NOW THEREFOi.E, the City Council of Aspen. Colorado, does determine ' that the owner's application for exception from the full subdivision ' tl process for the purpose of condominiumization of the Corkscrew Duplex Condominiums is proper because the owners' proposed condoainiumization is - not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process for such condominiumizationt PROVIDED, HOWEVER, that the foregoing exception is expressly con- ditioned upon (1) the applicant's imr..ediate recording with the Pitkin County Clerk and Recorder that certain 'Declaration of Covenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums'. dated M 'f 1Ox1482, }:r EXHIBIT 3 • ' a copy of which is attached hereto as Exhibit "A", and (2) the applicant's strict compliance with the provisions contained therein and all other conditions of approval on this matter set by City Council at its meeting of WN A 1932. G- Dated this 7-4 _ day of 19� , 1902. i crman Edel, Mayor eby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization was considered and approved by the Aspen City Council at its regular meeting hold , 1962, at which time the Mayor, Merman Ede1, was authorized to execute the same on behalf of the City of Aspen. 1 Lsf?s n((iC�X L KathrhryS. Koch,' CLy erLI��,7R� ri4PA�" Of, ee44A, Duwr�wc.« _. 2 • . .'wIlIKINGU��( NO3 x:. 7(CEII(01 MS�$P[yatt Y s�II&a p o h 3 r� ��8'�ey �g!t. V w w 3 I e a 1E lip ' I Exhibit C 24.151 9 DMARAT10N OF COVENANTS, RESTRICTIONS AND CONDITIONS rOR THE CORKSCREW DUPLEX COND041NIUR5 iORETTA BANNER PIIir,KINCcC1Y. RECORDER % EDWIN M. RAXER, JR., AND DONALD J. £CAN (hereinafter "fllil/hllnt�'�y PH f8Z for themselves, their heirs, representatives, successors and assigns, in considerrtion for the granting of an exception from the full subdivision process for the purpose of condominiumization with respect to the following - described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property - as follows: 1. Covenantor is the owner of the following described property, together with the improvements (two duplex residential structures) located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado - Lots ti, O and P, Block 68 City of Aspen, County of Pitkin, State of Colorado, also described as 118 East Hyman Street (Units I and 2) and 120 Fast Hyman Street (Units 3 and 4) in Aspen, Colorado 2. The two (2) employee housing units (Units 2 and 4) located on the above -described property shall and hereby are restricted to use as employee housing as described in Section 24-11.4(b)(31 of the Municipal Code of the City of Aspen and to rental and sale terms and price guidelines and to occupancy limitations within "moderate income" housing eligibility guidelines now established by the City Council of the City of Aspen, or as such guidelines may from time -to -time be amended by the City Council,. 3. The four (4) dwelling units (Units 1, 2, 3 and 4) located on the above -described property shall and hereby are restricted to six (6) month minium leases with no more than two (2) shorter tenancies per calendar year, all as defined in the Aspen Municipal Code, as amended. 4_ The covenants contained herein shall run wlth the land and shall be binding on all parties having any right, title or Interest in the above - described property or any part thereof, and their representatives, successors and assigns, for the period of the life of the longest -lived member of the i presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years. whichever period is less, from the date of i these covenants Are recorded. i } EXHIBIT `y 'mv I S. None of the covenants contained herein shall be roleased or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS wHEREOF, this declaration has been duly executed this b^ day of —1 y , 1982. EDNIN N. BAKER, JR. DOH J. EGA" 7 1 STATE OF COIDRADO ) j SS. County of Pitkin ) The foregoing instrument was acknowledged before me.�•,..�•'• this h1w day of 1982, by Edwin W. Baker,, Jr MITbIESS My NAND AND OFFICIAL SEAL. . o;) My comnsisainn expires: 1_1�AJ 17 -Az NORAR FUS ADDRESS: - 2- W Exhibit D ,00w 4(;4 : _133 25a54 RLSTRICTIVE COVENANTS Employee Dwelling Unit LOP,EM BANNER PITKHI CT't. RECORDER THESE COVENANTS made this 3rd of April, Pi98�4 Vy28 FUN Edwin W. Baker, Jr. (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the Owner is the owner of the following described property situate in the County of Pitkin, State of Colorado, known and described as follows: Units 3 and 4 CORKSCREW DUPLEX CONDOMINIUMS According to the Condominium Nap recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188, (hereinafter referred to as the "property"); and WHEREAS, the Owner has obtained approval for (and the City has approved) an additional dwelling unit (hereinafter referred to as "Unit") on such Property as the same is described in, and provided for, in the Covenants recorded in Book 426 at Page 969 of the Pitkin County records, and WHEREAS, it is acknowledged by the Owner that the purpose of such additional dwelling unit is to provide rental opportunit for an employee of the cormiunity in accordance with guidelines of the City, and that the Owner wishes to insure that the Unit continues to be used and occupied as an employee rental unit in accordance with such guidelines requirements. NOW, THEREFORE, in consideration of the approval of the Unit, it is hereby agreed as follows: 1. The owner shall maintain the Unit in conformance with the requirements of the Municipal Code of the City of Aspen as referred to in the aforementioned document, any and all represer , F.. - EXHIBIT �• � 1 tations contained in the application for an additional dwelling unit, as well as any and all conditions imposed by the approval granted by the City. In the event any of the foregoing are inconsistent with other provisions of this Agreement, the more restrictive shall apply. 2. In addition, the Owner agrees that: a) The Unit shall be registered with the Housing Authority of the City of Aspen and Pitkin County, Colorado (hereinafter called "Authority"). b) The Unit shall not be occupied by the Owner or spouse. c) The Unit shall not be rented for periods of less than six (6) months. d) A copy of the lease and verification of employ- ment shall be forwarded to the City by the Owner within 10 days following the signing of a lease agreement. e) The Unit may be offered for rent through the City if the City finds this Agreement is not being complied with. 3. The City is hereby authorized to verify the qualifica- tions of any tenant prior to occupancy; provided, however, that the Owner shall have the right to select tenants from among eligible applicants and shall have the final jurisdiction with respect to the selection thereof, so long as there is compliance with this Agreement. 4. All rental proceeds shall be payable to the Owner and nothing herein shall be construed to require the City to supply tenants, nor to constitute an indemnification of the Owner (by the City) against any losses attributable to the rental of the Unit, including, but not by way of limitation, non-payment of rent or damage to the premises. I 5. The provisions of this Agreement shall be covenants i -2- wA 464 F. 5'.135 running with the land, be binding upon the owner and the City, his or its heirs, successors and assigns (and enforceable by any of them) . 6. The term Owner as used herein shall refer to any and all persons, male or female, having an ownership interest in the Unit which is the subject of this Agreement. T. There is hereby reserved to the parties hereto any and all remedies provided by law (fine, imprisonment, and/or injunction) for breach of this Agreement or any of its terms. S. In the event that the City shall have probable cause to believe that the owner is violating the provisions of these covenants, the City may inspect the Unit upon reasonable notice during reasonable hours to verify occupancy by an employee. 9. The owner acknowledges that he has read and fully understands and accepts the terms and conditions of this Agreement; and further acknowledges that he is relying upon no oral representations qualifying or limiting the terms hereof. IN WITNESS WHEREOF, the owner has executed this instrument on the day and year above first written. OWNER:- Edwin W J Baker; . STATE OF COLORADO ) ) ss. COUNTY OF PITHIN ) The foregoing instrument was acknowledged before me this 3rd day of April., 1984 by Edwin W. Baker, Jr. Witness my hand and official seal. My commission expires Jun 5, 1985. l:otary Pu c 8 Exhibit E 0 0 Cheryl Schmidt From Cheryl Schmidt Sent. Thursday, March 10, 2016 2-05 PM To. Subject ORKSCREW CO Cla•,ty below tnat Unit 3 is noc restricted employee housing. whatever PitCoTi needs to clarify their records can be accomplished from here. Thanks, Cheryl t beryl L' Sclrmra� R S'�.�/7leat�st/�"fnance CO bra Fer, sfprratrer, Cs`L9br PO Bo_Y 27 eN, .t")% CO 8161a 070925-,1677 rsclrmi t ra t From: Cindy Christensen [ aiilto:cindy.chftWnsenL&citvofasppn,00ml Sent: Thursday, March 10, 2016 1:51 PM To: Joy Higens Cc: Cheryl Schmidt Subject: RE: CORKSCREW CONDOS The Restrictive Covenants that was recorded at Reception No. 258546 states "employee dwelling unit." I do not think it relates to both Units 3 and 4. More than likely it was for unit 4 since it looks to me (based on the Condo Map recorded at Book 13, Page 46) that this is in the basement level. We have in our records that we have a one -bedroom, moderate (which is now Category 2 or 3), 688 square foot unit. We'only have the address as 120 East Hyman. The Declaration of Covenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums (could not find a recorded document, but I do have a fully -signed document in our records), dated May 10, 1982, states that Units 2 and 4 were required to be the employee units in 1990, the owner of Unit 2 requested to have the unit released from the deed restriction. The owner provided a buy - down unit in its place. It was Unit 5 at the Aspen West Condominiums; therefore, the ONLY deed restricted employee un t still on the premises (according to my research) Is Unit 4. Cindy Christensen Deputy Director AspervPitkin County Housing Authority 970-920-5465 / Fax 970-920-5580 crnciv chnstensenecitvofaspen.com www. apch .... ......... From: Joy Higens f_Maifto:i0v*s00M_.net1 Sent: Thursday, March 10, 2016 1:05 PM To: Cindy Christensen Cc: chmidtCa>rof.net Subject: CORKSCREW CONDOS Dear Cindy - I'm being asked about this as well. The Declaration states that the two Deed Restricted Units are Units 2 and 4 The Restriction that was recorded two years later says Units 3 & 4. 1 think that may have been an error. What do you records indicate? Has the Owner of Unit 3 been prpviding you wlth the required documentation to qualify under the housing guidelines? He's owned both of these Units since 1984. From: scan nerCaloitkincountvtitle.com fmailto:scanner@oitkincountvtitle.coml Sent: Thursday, March 10, 201612:53 PM To: Joy <ioy@soPris.net> Subject: Attached Image i a EXHIBIT fl m THE CITY of ASPEN Land Use Application Determination of Completeness Date: April 13, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for Corkscrew Condominiums — Determination and have reviewed it for completeness. Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Review deposit of $1,300.00. 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. Thai You, fifer lan, Deputy Planning Director City of Mp6n, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes Now GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial , E.P.F. Lodging 1' h 0 • PAUL J. TADDUNE 323 WEST MAIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE (970) 925-9190 TFLEFAX (970)925-9199 INTERNET: taddune0compuserve.com LAW OFFICES OF PAUL J. TADDUNE, P.C. April It, 2016 VIA E-MAIL: jennifer.phelan(a-?cityofaspen.com Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Corkscrew Duplex Condominiums Dear Jennifer: AFFILIATED OFFICE RMLER, SCHIMBERG & FLANAUAN, P.C. 1640 GRANT STREET, SUITE W DENVER, COLORADO 80203 TELEPHONE (303) 298-W3 TELFFAx (303) 298-8748 "Thank you for returning my call on Friday. April 8, 2016 regarding the application submitted by Cheryl Schmidt requesting; an interpretation from the Community Development Director that Unit 3 of the Corkscrew Duplex Condominiums is not. nor was it intended to be a restricted employee unit. As we discussed, the owner of Units 3 and 4, requests an interpretation pursuant to Chapter 26.306 that the Restrictive Covenants as it relates to the requirements of the City of Aspen Land Use Code in approving the Corkscrew Duplex Condominiums should be construed to mean that Unit 4 is a deed restricted unit but that Unit 3 is an unrestricted free market unit. Please consider this letter as a supplement or amendment to the application tiled by Cheryl. A copy of the Restrictive Covenants dated April 3, 1984. recorded on April 4, 1984 in Book 464 at Page 133 as Reception No. 258516 is attached as Exhibit 1. Attached as Exhibit 2 is an e-mail from Cindy Christiansen to Joy Higens, Pitkin County Title, dated Thursday, March 10. 2016 that states that the only employee unit on the premises of the Corkscrew Duplex Condominiums is Unit No. 4. Therefore, the Restrictive Covenants should be correctly interpreted such that the intended restriction applied only to Units 2 and 4, the Corkscrew Duplex Condominiums. This interpretation is further supported by the Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization for the Corkscrew Duplex Condominiums dated May 24. 1982 and recorded on May 26, 1982 in Book 426 at Page 969 as Reception No. 241518 attached as Exhibit 3. The Statement of Exception describes the parcel as 118 East 1lyman Street (Units I and 2) and 120 East Hyman Street (Units 3 and 4). Attached as Exhibit 4 is a Declaration of Covenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums dated as of May 10, 1982 that was recorded on May 26, 1982 in Book 426 at Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department April 11, 2016 Page 2 Page 971 as Reception No. 241519 in compliance with the Statement of Exception. Paragraph 3 of the Declaration of Covenants, Restrictions and Conditions states: *'2. The two (2) employee housing units (Units 2 and 4) located on the above -described property shall and hereby are restricted to use as employee housing as described in Section 24-11.4(b)(3) of the Municipal Code of the City of Aspen ..." 1 am also attaching as Exhibit 5 a copy of the Corkscrew Duplex Condominiums Plat recorded in Book 13 at Page 46 for easy reference. As we also discussed during our telephone call, this request for an interpretation pursuant to Chapter 26.306 of the Aspen Land Use Code was recommended by Jim True after reviewing the attached documents as the most simple and direct approach to confirm that only Unit 4 is an employee housing unit within the requirements of the then City of Aspen Land Use Code and that Unit 3 is an unrestricted free market unit. A proposed interpretation is attached as Exhibit 6 and also attached in Word format for your convenience. This determination may be recorded in the real property records of Pitkin County. Please confirm that the application is now complete. When I receive confirmation from you that this is correct, Cheryl will drop off a check for the application fee. Thank you for the time and attention you can give to this matter. The clarification is requested in the context of several offers to purchase Units 3 and 4. Very truly yours, PAUL J. TADDUNE, P.C. Paul J. Taddune PJT:nwe cc: Cheryl Schmidt Enclosures 0 \ W soon 4(i4 �,:_: 3 3 25-95 1 G RESTRICTIVE COVENANTS Employee Dwelling Unit IOP.ET[A SANNU( PITK(N CTY. RFCORDt ti RR i THESE COVENANTS made this 3rd of AprilI984 y28P1� Edwin W. Baker, Jr. (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the Owner is the owner of the following described property situate in the County of Pitkin, State of Colorado, known and described as follows: Units 3 and 4 CORKSCREW DUPLEX CONDOMINIUMS According to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188, thereinafter referred to as the "property"); and WHEREAS, the Owner has obtained approval for (and the City has approved) an additional dwelling unit (hereinafter referred to as "unit.") on such Property as the same is described in, and provided for, in the Covenants recorded in Book 426 at Page 969 of the Pitkin County records, and WHEREAS, it is acknowledged by the Owner that the purpose of such additional dwelling unit is to provide rental opportunit for an employee of the community in accordance with guidelines of the City, and that the Owner wishes to insure that the Unit continues to be used and occupied as an employee rental unit in accordance with such guidelines requirements. NOW, THEREFORE, in consideration of the approval of the Unit, it is hereby agreed as follows: 1. The Owner shall maintain the Unit in conformance with the requirements of the Municipal Code of the City of Aspen as referred to in the aforementioned document, any and all represen EXHIBIT F Cations contained in the application for an additional dwelling i unit, as well as any and all conditions imposed by the approval igranted by the City. In the event any of the tor•egoing are inconsistent with other provisions of this Agreement, the more restrictive shall apply. 2. In addition, the Owner agrees that: a) The Unit shall be registered with the Housing Authority of the City of Aspen and Pitkin County, Colorado (hereinafter called "Authority"). b) The Unit shall not be occupied by the Owner or spouse. c) The Unit shall not be rented for periods of less than six (6) months. d) A copy of the lease and verification of employ- ment shall be forwarded to the City by the Owner within 10 days following the signing of a lease agreement. e) The Unit may be offered for rent through the co City if the City finds this Agreement is not being complied with. 44. 3. The City is hereby authorized to verify the qualifica- tions of any tenant prior to occupancy; provided, however, that the owner shall have the right to select tenants from among eligible applicants and shall have the final jurisdiction with respect to the selection thereof, so long as there is compliance .' with this Agreement. 4. All rental proceeds shall be payable to the owner and nothing herein shall be construed to require the City to a' supply tenants, nor to constitute an indemnification of the owner (by the City) against any losses attributable to the rental of the Unit, including, but not by way of limitation, _ non-payment of rent or damage to the premises. i 5. The provisions of this Agreement shall be covenants i -2- r i 4 t� i i I 7 _� wx 464 fii 35 running with the land, be binding upon the Owner and the City, his or its heirs, successors and assigns (and enforceable by any of them). 6. The term Owner as used herein shall refer to any and all persons, male or temale, having an ownership interest in the Unit which is the subject of this Agreement. 7. There is hereby reserved to the parties hereto any and all remedies provided by law (fine, imprisonment, and/or injunction) for breach of this Agreement or any of its terms. 8. In the event that the City shall have probable cause to believe that the Owner is violating the provisions of these covenants, the City may inspect the Unit upon reasonable notice during reasonable hours to verify occupancy by an employee. 9. The Owner acknowledges that he has read and fully understands and accepts the terms and conditions of this Agreement; and further acknowledges that he is relying upon no oral representations qualifying or limiting the terms hereof. IN WITNESS WHEREOF, the Owner has executed this instrument on the day and year above first written. OWNER;— Edwin W. Baker; J STATE OF COLORADO ) ) s . COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 3rd day of April., 1984 by Edwin W. Baker, Jr. Witness my hand and official seal. My commission expires Jun 5, 1985. Notary Pu e j i C: 10 261,-/,� 7114,1 Chervl Schmidt From: Cheryl Schmidt Serrt: Thursday, March 10, 2016 To. ' a Subject: F 00RKSCREW C"00 Cia•ity below that Unit 3 is not restricted employee housing. Whatever PitCOTi needs to clarify tneir records can be accomplished from here. Thanks, Cheryl Ciieryl:L sn imidi _RS.VA/Real Trt/f i=nce Cl> 7traker, 4prrau'er, CAM 0 SOX 2768, Ai I! en, M Bi&2 cschmidt�ro�t From: Cindy Christensen [mmA1lto:dtxlY.chtfstensertG= f1spgncom7 Sent: Thursday, March 10, 2016 1:51 PM To: Joy Higens Cc: Cheryl Schmidt Subject: RE: CORKSCREW CONDOS 1 he Restrictive Covenants that was recorded at Reception No. 258546 states "employee dwelling unit." I do not think it relates to both Units 3 and 4. More than likely it was for uunit 4 since it looks to me (based on the Condo Map recorded at Book 13, Page 46) that this is in the basement level. We have in our records that we have a one -bedroom, moderate (which is now Category 2 or 3), 688 square foot unit. We only have the address as 120 East Hyman. The Declaration of Covenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums (could not find a recorded document, but I do have a fully -signed document in our records), dated May 10, 1982, states that Units 2 and 4 were required to be the employee units. in 1990, the owner of Unit 2 requested to have the unit released from the deed restriction. The owner provided a buy down unit in its place. It was Unit 5 at the Aspen West Condominiums; therefore, the ONLY deed restricted employee un t still on the premises (according to my research) is Unit 4. Cindy Christensen Deputy Director Aspen/Pitkin County Housing Authority 970-920-5455/Fax 970-920-5580 cindv christensen(ED.0vofasoen.com www apcha.or From: Joy Higens [mailtQ:19yb soDris.netl Sent: Thursday, March 10, 2016 1:05 PM To: Cindy Christensen Cc cf]21LClt@•ngi Subject: CORKSCREW CONDOS Dear Cindy - I'm being asked about this as well. The Declaration states that the two Deed Restricted Units are Units 2 and 4. The Restriction that was recorded two years later says Units 3 & 4. 1 think that may have been an error. What do you records indicate? Has the Owner of Unit 3 been providing you with the required documentation to qualify under the housing guidelines? He's owned both of these Units since 1984. From: scannerPpitkincountybtie.com(mailto:scanner@pitkincountytitle com] Sent: Thursday, March 10, 2016 12:53 PM To: Joy <ipyPsopris.net> Subject: Attached Image 93 9. 2 4 1 5 1 8 STATEHENT OF EXCEPTION FROM 711C PULL SUBDIVISION PROCESS FOR 4NR PURPOSE OF CONDOMINIUMIZATION FOR 'nig CORKSCREW DUPLEX CONDOMINIUMS LORETTA BANNER PITKIN GTY. RECOROER MAY 26 2 24 WHEREAS, Edwin W. Baker, Jr., and Donald J. Egan, (hereinafter "Applicant`), are the owners of a parcel of real property (and the improvements thereon) situated in tho City of Aspen, Pitkin County, Colorado, more particularly described as follows, Lots N, O and P, block 68, City of Aspen, County of Pitkin. State of Dolorado; also described as 118 East Hyman Street (Units 1 and 2) and 120 East Hymen Street (Units 3 and 4) in Aspen, Colorado; and WHEREAS, applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the building on the subject property (said building commonly known as the Corkscrew Duplex Condominlums); and WHEREAS, the A5Ven Planning and Zoning Commission at its meeting of May 4. 1982. determined that such exception would be appropriate and recommended that the same be granted, subject, however, to the conditions described hereinafter; ai4 WHEREAS, the City Council determined at its meeting of that the owners' request for such exception was appropriate and gr:"trl said request, subject, however, to the conditions described hereinafterr NOW THEREFORE, the City Council of Aspen. Colorado, does determine that the owner's application for exception from the full subdivision process for the purpose of condominiumization of the Corkscrew Duplex Condominiums is proper because the owners' proposed condominiumization is not within the intents and purposes of the subdivision ordinance and hereby grants, for such reason, an exception from the full subdivision process for such condominiumization; PROVIDED. HCMTEVEP., that the foregoing exception is expressly con- ditioned upon (1) the applicant's immediate recording with the Pitkin County clerk and Recorder that certain 'Declaration of Covenants, Restrictions and Conditions for the Corkscrew duplex Condominiums dated wtf to11982, AV — EXHIBIT 3 KF� • .(-^420 ru970 a copy of which is attached hereto as Exhibit "A", and (2) the applicant's strict compliance with the provisions contained therein and all other conditions of approval on this matter sot by City Council at its meeting of i1982. ,,tt Dated this �'1day of till , 1982. -- crmsn Edel, 'Hayor- - -_-- N1 ho$ ' oby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization was considered and approved by the Aspen City Council at its regular meeting held , 1982. at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. -2- Kathry S. Koch,' y er y a 0 r 2 g 1 5 1 9 DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR Tit£ CORKSCREW DUPIXX CONDOMINIUMS LORETTABANNER P1u1I�TKIN OTY. RECORDER KDNIN M, RAKER, JR., AND DONALD J. EOAN (hereinafter "(i1N��Ant< '�i PN faz for themselves, their heirs, representatives, successors and assigns, in considerrtion for the granting of an exception from the full subdivision process for the purpose of condominiumiaatlon with respect to the following - described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property - as follows: 1. Covenantor is the owner of the following described property, together with the improvements (tyro duplex residential structures) located thereon, situated in the City of Aspen, County of Pitkin, State of Colorado: Lets U, O and P, Block 60 City of Aspen, County of Pitkin, State of Colorado, also described as 110 East Nyman Street (Units 1 and 2) and 120 East Hyman Street (Units 3 and 4) in Aspen, Colorado 2. She two (2) employee housing units (Units 2 and 4) located tin the above -described property shall and hereby are restricted to use as employee housing as described in Sectian 24-11.4(b)(3) of the Municipal Code of the City of Aspen and to rental and sale terms and price guidelines and to occupancy limitations within "moderate income" housing eligibility guidelines now established by the City Council of the City of Aspen, or as such guidelines may from tine -to -time be amended by the City Council. 3. The four (4) dwelling ui,its (Units 1, 2, ) and 4) located on the above -described property shall anti hereby are rest.rict•3d to six (6) month minium leases with no nose than two (2) shorter tenancies per calendar year, all as defined in the Aspen Municipal C040, as amended. 4_ The covenants contained herein shall run rith the land and shall be binding on all parties having any right, title or interest in the above - described property or any part thereof, am] their representatives, successors anti assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one 121) years, or for a period of fifty (50) years, whichever period is less, from the date of i these covenants :,re recorded. t 1 S S EXHIBIT Mi 41 S. None of the covenants contained harein shall be roloased or waived in any respect or modified or amended during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS w"EREOP, this declaration has been duly executed this^ day of� 1982. EDWIN H. BAKER, JR. Df?Ii D J. EGAN �1 STATE OF CO10KhDO ) SS. County of Pitkin The foregoing instrument was Acknowtedged before me this day of , 1982, by Edwin W. Baker, Jr. WITNESS MY HAND AND OFFICIAL SE�-ArrL��L.,,�y� 5�•. f%ly�Otf . Ky coarmission expires: - 2- Alz4 ptm �r — ADDRESS: -- • W n i-A eu t' 4 F1 A KIN 'q OR, -77 ILI y fih ttttE 1". KM I 4. "I z o 0 0 0911 1 0 r� L • INTERPRETATION OF THE DIRECTOR OF THE CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT PURSUANT TO CHAPTER 26.306 OF THE CITY OF ASPEN LAND USE CODE DETERMINING THAT UNIT 3, CORKSCREW DUPLEX CONDOMINIUMS, IS AN UNRESTRICTED FREE MARKET UNIT AND THAT UNIT 4, CORKSCREW DUPLEX CONDOMINIUMS, IS A DEED RESTRICTED EMPLOYEE HOUSING UNIT This is to certify upon reviewing the Restrictive Covenants dated April 3, 1984, recorded on April 4, 1984 in Book 464 at Page 133 as Reception No. 258516; an e-mail from Cindy Christiansen, Pitkin County Housing Department, to Joy Higens, Pitkin County Title, dated Thursday, March 10, 2016 that states that the only employee unit on the premises of the Corkscrew Duplex Condominiums is Unit No. 4; the Statement of Exception from the Full Subdivision Process for the Purpose of Condominiumization for the Corkscrew Duplex Condominiums dated May 24, 1982 and recorded May 26, 1982 in Book 426 at Page 969 as Reception No. 241518; and the Declaration of Covenants, Restrictions and Conditions for the Corkscrew Duplex Condominiums dated as of May 10, 1982 that was recorded on May 26, 1982 in Book 426 at Page 971 as Reception No. 241519 in compliance with the Statement of Exception, that Unit 4, Corkscrew Duplex Condominiums, is a deed restricted employee housing unit and that Unit 3, Corkscrew Duplex Condominiums, is an unrestricted free market unit. Dated this day of --- — — 2016- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT By: Jessica Garrow, Director C:\wp\PJT,RF,.SchmidtChayi.Corkurew.Plvtning Office Imetpretation.4.11.16.wpd EXHIBIT t CHERYL L SCHMIDT ENTERPRISES, INC. CHERYL L. SCHMIDT, Realtor, CRA, CAM P. O. BOX 2768 ASPEN, CO 81612 (970) 925-1677 T & F E-Mail. cschmidl@rof.net April 6, 2016 TO: Jen Phelan, Deputy Plating Dir RE: 120 E Hyman Ave, Corkscrew Duplex Units 3 & 4 In response to your query regarding the Land Use Application submitted for the above address, the topic at hand has not to do with any change regarding land use of the above units, nor the Duplex building since the inception or City approval of the project (1982). The owner of the property is seeking the assistance of the City to clarify a typographical error in one document (Restrictive Covenants Employee Dwelling Unit) which was recorded at the time this owner purchased the unit (1984). This document erroneously describes Units 3 and 4 as being required to be "used and occupied as an employee rental unit". The document should correctly read Units 2 and 4. Documents on the background of the Corkscrew and in support of this matter were attached to a letter (copied herewith) dated March 23, 2016 to Sara Nodolny, on which day she met with myself and Paul Taddune, attorney, which are attached to the Application. The meeting with the Planning Dept was suggested by Jim True after a consultation on the matter. The Corkscrew consists of 4 individual units: Units 1 and 3 are the top two floors of the building and consist of approximately 3000sq ft each, Units 2 and 4 occupy the lowest level of the building and are approximately 700sq ft each. The Corkscrew Duplex Condominiums plat recorded in Bk 13, Pg 46 has been provided showing the floor plan. Pitkin County Assessor records for Units 3 and 4 have been provided showing separate records for Units 3 and 4 with square footage, number of bedrooms and baths. While a recent survey shows the square footage to be in error and we are in contact with the Assessor's office to correct them, the County records are relevant. Peak Surveying's current (2016) Improvement Survey Plat & Topographical Survey along with Interior Measurement Verification is also provided with the Application. Also in support of this discussion is the Release of Covenants, Restrictions and Conditions (1990) with City Ordinance (1990) releasing Unit 2 from employee housing. More directly is an e-mail from Cindy Christensen, Deputy Director, Aspen/Pitkin County Housing Authority (3/10/2016) clarifying that Unit 4 is the only employee housing unit in her records. All other recorded documents relative to Units 3 and 4 and title have been attached per the 3/23/2016 letter which is now part of the Application. Since the owner purchased Units 3 and 4 from the developer, Edwin Baker, in 1984, Unit 3 has been used by the owner for his personal use. Unit 4 has been consistently occupied by numerous tenants working in the City. Use of the space has been consistent with its approval and no change in use is proposed herewith. A recent title commitment revealed the error in the Employee Dwelling Unit which was signed in 1984 (on the same day as the current owner's purchase) by the developer, Baker, as owner at the time of signing. The author of the document is unknown. Therein the owner is seeking assistance from the City with additional documentation to resolve the matter. C� Attachment BSBA REAL ESTATE/FINANCE COLORADO LICENSED: REAL ESTATE APPRAISER A BROKER -% . • Jennifer Phelan From: Cheryl Schmidt <cschmidt@rof.net> Sent: Wednesday, April 06, 2016 9:58 AM To: Sara Nadolny; Jennifer Phelan Subject: 120 E Hyman Ave Land Use Application Attachments: Phelan 4-6-16.doc Sara and Jen: I have composed the attached letter in response to your request for a summary of the matter at hand. Please read through it and let me know if it clarifies the topic. If not, perhaps I will need to incur additional attorney fees in preparing something along with additional meetings with Jim True to assist. The vicinity map was provided from Goggle. If that is not adequate, let me know another source that I might be able to draw upon. Thank you. Cheryl Ch"eryL' soimidl-, B_S'B.A/Real' st/Finance CO Broker, .44praiser, C A rYI PO Box 2,768, Aren, CO 81612 970-925-1677 C'SC'l1i IlW 47LY2d.-net THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 31, 2016 Dear City of Aspen Land Use Review Applicant, APR 13 2016 C.rry ur �-SHEN .f'����".LNI We have received your land use application for 120E Hyman Ave. (Corkscrew Condominium) and reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. ❑ 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. Please provide a clear, comprehensive summary that outlines how you reached your conclusion and appropriately references the materials (exhibits to the summary) that are the basis of your conclusion. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 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. Th ou, fifer P an, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No L Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No_><- Commercial E.P.F. Lodging ATTACHMENT 2 - LAND USE APPLICATION -- - — - PROJECT: Name: Location: Parcel ID # (REQUIRED) r APPLICANT: Name: FO /' �� f � � � /�/P �/�/.P[_T //�G1 �Si 7 _n -, Ill. t� dD i_ � D l Clr�IL.S hmidt rT ` ' a Address:PO. '➢ Phone #: Box2768 Alen, Colorado 81E11-9E88 Z REPRESENTIVATIVE: Name: J14,L --✓ - Address:-5"0 w !�/N Si J�U� P"t��L J� �1Z- Phone#: U -�l2- r;�/ GMQS Exemption Conceptual PUD 0 Temporary Use 0 GMQS Allotment 0 Final PUD (& PUD Amendment) Special Review Subdivision = Conceptual SPA ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, Condo mini umization) 0 Mountain View Plane Final SPA (&SPA Commercial Design Review Lot Split Amendment) L� Residential Design Variance Lot Line Adjustment 0 Small Lodge Conversion/ Expansion 0 Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ZFWZ-E)(L kl E9 — ` PROPOSAL: (Description of proposed b ildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ Pre -Application Conference Summary ttachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form 0 Response to Attachment #4, Subryiittal Requirements — including Written Responses to Review Standards 3-D Model for large project ti 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. anuary, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 9 f -'�'�A. FOR PERMANL41T FILES 0033-2016A" Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and _ _ _ Property —_-_—Phone No.: U - `f Z 1 - -TU T, Owner („1„): (,� 1=C�L �j E' d f F�L f ( l�..j �if "// ��-Emall: ` S< ?/)Y /f ixd /'1; Address of J1 Billing g � 6w3fL.SrJrmult Property: Address: 70. �_l� 68 (Subject of ��"`���/ �� SAbI / (send bills here) s q,Q application) 1Adl7G1i, �Ju;afaJ oiE'.1 _l �Z v (% f I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and 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 -ref dable. $.flat fee for S. 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 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 enahle 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 no -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 and 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 sta d. $ ��G!' deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $32S.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner- 4 Community Development Director Name: f City Use. Title: (L-,%!��f2 rJ✓� Fees Due: $_Received , r A,7"� (— c2k ? 2A- • 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 properly owner Name: Property George C Porr-AwPI t Tr, rt C�O Paul ,� Taddune _ Owner ("I"), Email: Phone No.. --- -taddune@co ipusery com.__ — 970-925-2190 _ .. ---- - --- - _. Address of Property. (subject of application) 120 E Hyman Ave, Corkscrew Duplex Units 3 & 4 _ 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. 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 docu\mhentds pub is document. V 11 II date: 10 Owner signature: VVV Owner printed name: George C Perreault Trust��; MAR- � or. 28 2016 Attorney signature: date: - -N Attorney printed name: 0 09;-: 141-SS4--"SR F.u: 141-966-3591 LETTER OF AUTHORIZATION DATE: March 26, 2016 TO: City of Aspen, Planning Dept • 2901 Fug vZ ffi R".f !�-* 240 "iou, Flo,-4 , 342P RE: Administrative Determination for 120 E Hyman Ave, Corkscrew Units 3 & 4, Aspen, CO In reference to the application for Administrative Determination on the above property, I, Michael Caldwell, as the representative for the owner and George C Perreault Living Trust, hereby authorize Paul J Taddune, Attorney, to act on our behalf on this application. Mr Taddune's contact information is as follows: Mr Paul J Taddune 323 W Main St, #301 Aspen, CO 81611 Telephone: 970-925-9190 taddune@compuserve.com Thank you. Michael Caldwell, Business Manager GCP Management LLC .v,w�.�,r.►•�i.ce»• 9 • c� � CITY OF ASPEN _.{ M <<I PRE -APPLICATION CONFERENCE SUMMARY n;;0 �. O PLANNER: Sara Nadolny, 970.429.2739 DATE: March 23, 2016 y �' 00 PROJECT: 120 E Hyman Ave —Corkscrew Duplex � o REPRESENTATIVE: Cheryl Schmidt, 970.923.1677; Paul Taddune, 970.925.9190 REQUEST: Administrative Determination z' DESCRIPTION: The applicant is interested in an administrative determination by Planning Staff that will clarify which units in the building were originally designated as Affordable Housing Units. Specifically, the applicant would like a determination of Council's actions regarding the approval of the units within this condominiumized parcel. The subject site is located in the Residential Multi -family (RMF) zone district. The Declaration of Covenants, Restrictions and Conditions (Book 426, Pg 971) indicate the project was created with two basement level affordable housing units, designated as Units 2 & 4. The plat for the site is recorded at Book 13, Pg 46. The applicant is requesting this determination due to some confusion on the part of the Title Company regarding which units in the Corkscrew Duplex were designated as affordable housing units due to a possible error in the Restrictive Covenants document, recorded at Book 434 Pg 133. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: htto://www.asr)enr)itkin.com/Portals/0/docs/Citv/Comdev/Apps%20and%2OFees/2013%201and%20use%20a pp%20form.pdf Land Use Code: htto://www.asr)enr)itkin.com/Departments/Community-Development/Planninq-and-Zoning/Title-26-Land-Use- CndP/ Land Use Code Section(s) 26.304 Common Development Review Procedures Review by: Staff for complete application APCHA (Housing Authority) Public Hearing: None required Planning Fees: $650 for two (2) hours of staff review time Referral Fees: Aspen Pitkin County Housing Authority (APCHA) - $650, flat fee Total Deposit: $1,300 (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: Completed Land Use Application and signed fee agreement. V� Pre -application Conference Summary (this document). ASLU Administrative Determination 118/120 E. Hyman Ave 273512460800 1 Y 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. HOA Compliance form (Attached) _,Q/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. 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. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 10 1 Complete copy of all application materials. *%! otal deposit for review of the application. �P�? ,❑ A digital copy of the application provided in pdf file format. 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. 2 9 01 ALTA Commitment For Title Insurance ,vYEST'COR LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 31VFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: Nola Warnecke (nola@sopris.net) Brandi Wolfe (pctb@sopris.net) Issued By WESTCOR LAND TITLE INSURANCE COMPANY Home Office: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone (407) 629-5842 CLOSING MATTERS: TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) WESTCOR ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation, ("Company'), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all .subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. .411 liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. 1.v WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued B',: Countersigned: r WL Authorized Signature CO 1045 ' * Pitkin County Title. Inc. 601 F. Hopkins #3 Aspen. CO 81611 WESTCOR LAND TITLE INSURANCE COMPANY �hcs'ie5a,✓�P Allltil: r rtZ2/tleL.%/�4cc�P .i Secretary. • • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 29, 2016 at 8:00 AM 2 Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) P sedlnsured: OWN (b) ALTA Loan Policy-(6/17/06) Proposed Insured: Case No. PCT24665W2 Amount Premium$ /► Rate: Standard ,/ ,%* Amount$ 0.00 Premium$ 0.00 Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3 Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: GEORGE C. PERREAULT LIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED 4 The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: UNITS 3 and 4, CORKSCREW DUPLEX CONDOMINIUMS, according to the Condominium Map recorded in Plat Book 13 at Page 46, and as defined and described in the Condominium Declaration for Corkscrew Duplex Condominiums recorded in Book 427 at Page 188. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. I-] r] SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: Release by the Public Trustee of the, Deed of Trust from : GEORGE C. PERREAULT LIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED to the Public Trustee of the County of PITKIN for the use of : BANK OF AMERICA, N.A. original amount $2,000,000.00 dated July 25, 2008 recorded July 30, 2008 reception no. 551519 2 Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of CORKSCREW DUPLEX CONDOMINIUMS certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 3. Delivery to the company of a copy of the Trust Agreement for GEORGE C. PERREAULT LIVING TRUST for review, subject to any additional requirements deemed necessary by the Company. 4 Statement of Authority of GEORGE C. PERREAULT LIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED evidencing the names and addresses of the Trustees authorized to act on behalf of said Trust. 5 Deed executed by the Trustees of the GEORGE C. PERREAULT LIVING TRUST DATED NOVEMBER 9, 1994 AS AMENDED 11P 111NOW 6. Delivery to the company of a copy of the Trust Agreement for MARC EZRALOW 1997 TRUST for review, subject to any additional requirements deemed necessary by the Company. 7 Statement of Authority of RUST evidencing the names and addresses of the Trustees authorized to act on behalf of said Trust. 8 Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 9 Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 10 Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 11 Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated)