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HomeMy WebLinkAboutLanduse Case.CO.116 S 2nd St.A046-03116 S. Second Street Condo w CI 0 a COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: / 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. TOTAL gY-j -7 5. (; i r i NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE: INITIAL: 0 0 CASE NUMBER A046-03 PARCEL ID # 2735-124-24007 CASE NAME 116 S. Second St. Condo Amendment PRO.IECT ADDRESS 116 S. Second St. PLANNER James Lindt CASE TYPE Condo Amendment OWNER/APPLICANT Diana Buettas/Christopher Smith REPRESENTATIVE John Lasalle DATE OF FINAL ACTION 9/26/03 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Plat Recorded BOA ACTION DATE CLOSED 10/27/03 BY D DRISCOLL PARCEL ID: 2735-124-24007 DATE RCVD: 8/25/03 # COPIES: CASE NO A046-03 CASE NAME:j 116 S. Second St. Condo Amendment PLNR: James Lindt PROJ ADDR: 116 S. Second St. CASE TYP: Condo Amendment STEPS: OWN/APP: Diana Buettas/Christ ADR 234 W. Hopkins C/S/Z: r PHN: REPI John Lasalle ADR: 200 Pitkin Mesa Drive C/S/Z: Aspen/CO/81611 PHN: 925-6633 FEES DUE: 475 FEES RCVD: Bill STAT: REFERRALS REF:l BYJ MTG DATE REV BODY PH NOTICED I DUE: I — DATE OF FINAL ACTION: REMARKS1 CITY COUNCIL: PZ: CLOSED:— BY: �— BOA: DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN:I 4138947 Page: 1 of 2 09/26/2003 08:35A SI_VIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That DIANA H. BEUTTAS, of 120 S. 2"d Street, Aspen, CO 81611, reposing special trust and confidence in CHRISTOPHER H. SMITH, of the County of Pitkin, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said CHRISTOPHER H. SMITH my true and lawful attorney in fact for and in my name, place and stead, for my sole use and benefit to perform all acts necessary in connection with the improvements on the following real property including but not limited to making any and all land use applications and agreements with the City of Aspen; or the Housing Authority or otherwise encumbering said property, legally described as follows: [UNITS 1, 2 AND 3, WEST END CONDOMINIUMS A/K/A LOTS K, L AND M, BLOCK 52 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN] Hereby giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully and to all intents and purposes as I might or could do if personally present, including, but not limited to, the following acts and deeds: sign, execute, deliver and acknowledge any and all deed restrictions, encroachment licenses, amendments to the Condominium Map and Condominium Declaration and such other instruments in writing of whatever kind or nature as may be necessary in connection with the conversion of Unit 1 into an accessory dwelling unit for Unit 2 and other revisions to the declaration and or to sell or encumber Units 1, 2, and/or 3 and to deal with the proceeds of a sale or loan secured by the aforesaid real property. My attorney in fact shall have full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. Third parties may rely upon the representations of my attorney in fact as to all matters relating to any power granted to my attorney in fact, and no person who may act in reliance upon the representations of my attorney in fact or the authority granted to my attorney in fact shall incur any liability to me or to my estate as a result of permitting my attorney in fact to exercise any power. This is a limited Power of Attorney to be used only for those purposes above stated to accomplish the obtaining and disbursal of the proceeds of the above described loan and the securing thereof on the real property described above. This Power of Attorney shall continue in full force and effect unless Ilk t7 6r d OVVL • IIIIII IIIII Ipl'�I!I!!II lill!!Cil II!II! it II 488947 Page: 2 of 2 09/26/2003 08:35A R 11.00 D 0.00 and until revoked by written instrument filed of record in the county where the above described property is located. This limited Power of Attorney shall not be affected by my disability. Executed J,2003. DIANA H. EUTTAS STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 15'1� day of , 2003, by DIANA H. BEUTTAS. My commission expires: & i ••AvB�N- .*40 �•••.......••PP OF COLc9 My C t(il iM BOW MOMS . Witness my hand and official seal. Notary Public Address: DIANA H. BEUTTAS Power of Attorney Page 2 • • PLEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN, CO 81611 • 09149946 l i I I� I ill i I, I IIi i I II I I Page : 1 of 2 �I!26/2003 08:33A S SI_vIA DAVIS PI KI'1 COUr1TY CO R 11 .00 D 0.00 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That DEBORAH S. HATCH, of 158 Abenaki Way, Albany, State of New Hampshire, reposing special trust and confidence in CHRISTOPHER H. SMITH, of the County of Pitkin, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said CHRISTOPHER H. SMITH my true and lawful attorney in fact for and in my name, place and stead, for my sole use and benefit to perform all acts necessary in connection with the improvements on the following real property including but not limited to making any and all land use applications and agreements with the City of Aspen; or the Housing Authority or otherwise encumbering said property, legally described as follows: [UNITS 1, 2 AND 3, WEST END CONDOMINIUMS A/K/A LOTS K, L AND M, BLOCK 52 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN] Hereby giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully and to all intents and purposes as I might or could do if personally present, including, but not limited to, the following acts and deeds: sign, execute, deliver and acknowledge any and all deed restrictions, encroachment licenses, amendments to the Condominium Map and Condominium Declaration and such other instruments in writing of whatever kind or nature as may be necessary in connection with the conversion of Unit 1 into an accessory dwelling unit for Unit 2 and other revisions to the declaration. My attorney in fact shall have full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. Third parties may rely upon the representations of my attorney in fact as to all matters relating to any power granted to my attorney in fact, and no person who may act in reliance upon the representations of my attorney in fact or the authority granted to my attorney in fact shall incur any liability to me or to my estate as a result of permitting my attorney in fact to exercise any power. This is a limited Power of Attorney to be used only for those purposes above stated to accomplish the obtaining and disbursal of the proceeds of the above described loan and the securing thereof on the real property described above and this Power of Attorney shall terminate by its terms on December 31, 2004, br / tiGC'�!fG1 • 48890 II I,I� II I Page: 2 of 2 09/26/2003 08 33A SI_vIA oAd1� at-wi�i �rn_r,-� cc R 11.00 D 0.00 unless sooner revoked by written instrument filed of record in the county where the above described property is located. This limited Power of Attorney shall not be affected by my disability. Executed 6 L� 12003. STATE OFF ) ss. COUNTY OF La,�It ) DEBORAH S. HATCH The foregoing instrument was acknowledged before me this 2G7 day of , 2003, by DEBORAH S. HATCH My commission expires: SHERRI L. SMITH, Notary Public My Commission Exoires December 20, 2005 Witness my hand and official seal. •�-1 •• '••ti '' C• U • `w No c 'Q A ress: C,o�tFa,, •' •N� DEBORAH S. HATCH Power of Attorney Page 2 0 PLEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN, CO 81611 488946 Page: 1 of 2 09/25/2003 04:18P sILVIP DPVIS PITKIN COUNTY CO R 11.00 D 0.00 MA : • i� KNOW ALL, MEN BY THESE PRESENTS: That DEBORAI-I S. HATCH, of 158 Abenaki Way, Albany, State or New l lampshire, reposing special trust and confidence in CHR1S'rOPHER I -I. SMITH, of the County of Pitkin, Slate or Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said C I-IRISTOPI iBR 14. SMITI I my true and lawful attorney in fact for and in my name, place and stead, for my sole use and benefit to perform all acts necessary in connection with the improvements on the following real property including but not limited to making any and all land use applications and agreements with the City of Aspen; or the Housing Authority or otherwise encumbering said property, legally described as follows: [UNITS 1, 2 AND 3, WEST END CONDOMINIUMS A/K/A LOTS K, L AND M, BLOCK 52 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN] Hereby giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully and to all intents and purposes as I might or could do if personally present, including, but not limited to, the following acts and deeds: sign, execute, deliver and acknowledge any and all deed restrictions, encroachment licenses, amendments to the Condominium Map and Condominium Declaration and such other instruments in writing of whatever kind or nature as may be necessary in connection with the conversion of Unit 1 into an accessory dwelling unit for Unit 2 and other revisions to the declaration. My attorney in fact shall have full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. Third parties may rely upon the representations of my attorney in fact as to all matters relating to any power granted to my attorney in fact, and no person who may act in reliance upon the representations of my attorney in fact or the authority granted to my attorney in fact shall incur any liability to me or to my estate as a result of permitting my attorney in fact to exercise any power. This is a limited Power of Attorney to be used only for those purposes above stated to accomplish the obtaining and disbursal of the proceeds of the above described loan and the securing thereof on the real property described above and this Power of Attorney shall terminate by its terms on December 31, 2004, 488P6 Page : 2 of 2 09/25/2003 04:18P SILVIA DAVIS PITKIN COUNT', CO R 11.00 D 0.00 unless sooner revoked by written instrument tiled of record in the county where the above described property is located. Phis limited Power of Attorney shall not be atiected by my disability. Executed G ,2003. DEBORAH S. EIATCR STATE OF Ptw i tcirwo�hl r ss. COUNTY OF The foregoing instrument was acknowledged before me this 2ci day of 5 u._ , 2003, by DEBORAH S. HATCH. }{ Witness my hand and official seal. co cy Notafry c .w A Tess: C,o j ; bb A% My commission expires: SHERRI L. SMITH, Notary Public My Commission Expi-s n-PcP ,,ber 20, 2005 DEBORAH S. HATCH Power of Attorney Page 2 0 E 488947 Page. 1 of 2 09/26/2003 08:35A SILVIA DAVIS PITKIN COUNTY CO R 11 00 D 0.00 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That DIANA H. BE1JTTAS, of 120 S. 2n1 Street, Aspen, CO 9 161I, reposing special trust and confidence in Cl IRISTOPHER 11. SMITH, of the County of Ntkin, State of Colorado, has made, constituted and appointed, and by these presents does make, constitute and appoint the said CHRISTOPI I R Ft. SMITI I my true and lawful attorney in fact for and in my name, place and stead, for my sole use and benefit to perform all acts necessary in connection with the improvements on the following real property including but not limited to making any and all land use applications and agreements with the City of Aspen; or the Housing Authority or otherwise encumbering said property, legally described as follows: [UNITS 1, 2 AND 3, WEST END CONDOMINIUMS A/K/A LOTS K, L AND M, BLOCK 52 CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN] Hereby giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully and to all intents and purposes as I might or could do if personally present, including, but not limited to, the following acts and deeds: sign, execute, deliver and acknowledge any and all deed restrictions, encroachment licenses, amendments to the Condominium Map and Condominium Declaration and such other instruments in writing of whatever kind or nature as may be necessary in connection with the conversion of Unit I into an accessory dwelling unit for Unit 2 and other revisions to the declaration and or to sell or encumber Units 1, 2, and/or 3 and to deal with the proceeds of a sale or loan secured by the aforesaid real property. My attorney in fact shall have full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my attorney in fact shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. Third parties may rely upon the representations of my attorney in fact as to all matters relating to any power granted to my attorney in fact, and no person who may act in reliance upon the representations of my attorney in fact or the authority granted to my attorney in fact shall incur any liability to me or to my estate as a result of permitting my attorney in fact to exercise any power. This is a limited Power of Attorney to be used only for those purposes above stated to accomplish the obtaining and disbursal of the proceeds of the above described loan and the securing thereof on the real property described above. This Power of Attorney shall continue in full force and effect unless 488947 Page: 2 of 2 09/26/2003 08:35A SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 0.00 and until revoked by written instnuent filed of record in the county where the above described property is located. "this limited Power of Attorney shall not be affected by my disability. I"Xecu(ed 2003. _. DIANA I IABE STATE OF COLORADO ) ss. COUNTY OF P[TKIN ) The foregoing instrument was acknowledged before me this �S day of y-rzl 2003, by DIANA H. BEUTTAS. My commission expires: Witness my hand and official sea]. Aol/ Notary Public Address: OF COLON My Commission Expires 6/22/2CU5 DIANA H. BEUTTAS Power of Attorney Page 2 • 130 S. Galena St. Aspen CO 81611 (970)920-5090 (970) 920-5439, fax To: John LaSalle From: James Lindt Fax: 920-4737 Pages: Phone: Date: 8/26/03 Re: 116 S. Second Condo Amendment CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Hi John, Here are our comments regarding the draft condo amendment plat that you submitted. Please have the surveyor make the requested changes and create Mylars. Once you get the signatures that are not City of County related, bring it in and we will process the City signatures. Please let me know if you have any questions. Thanks, James • To: From: Date: MEMORANDUM John LaSalle James Lindt, Planner August 26, 2003 Re: 116 S. Second Street Condominium Amendment Map - Community Development Department's Comments Please make the following changes to the draft condominium amendment map that you submitted for review: 4o ..�c,Joc�cl n►� Apply for and obtain an encroachment license for the roof overhang, building encroachment, and fence encroachment that are shown on the plat. Please reference the reception of the encroachment license on the plat. 2. Include a purpose statement under the title that states, "The purpose of this plat is N,/ to amend the West Side Condominium Plat to show that the northernmost unit has been deed restricted as an Accessory Dwelling Unit." 3. Change the City Engineer's Signature Block to the Community Development V Engineer's Signature Block. 4. Include a plat note that identifies that the ADU unit is to be sold and transferred with Unit No. 2. 5. Provide the dimensions for the boundary line between units 1 and 2. 6. In the plat notes, provide the posted addresses for each building. / 7. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and V Recorder prior to submitting mylars to Community Development Department. Please also submit a review fee of $475 to the City of Aspen upon submittal of Mylars. Additionally, please submit a recording fee of $21 with the Mylars that is payable to the Pitkin County Clerk and Recorder's Office. John D. LaSalle ATTORNEYAT LAW 200 Pitkin Mesa Drive Area Code 970 Aspen, Colorado 81611 Facsimile 920-4737 September 18, 2003 James Lindt Planner Aspen Community Development Dept. 130 South Galena Street Aspen, CO 81611 M t_.TI G U Area Code 970 Telephone925-6633 Re: Smith/Buettas/Hatch - ADU - 116 S. Second St. Dear James: Enclosed are the following: 1. Two fully executed and notarized mylars of the Amended Condominium Map (except for the City Community Development Director, Community Development Engineer, and Clerk and Recorder). Please note that the encroachment license number must be filled in when issued; 2. Check for the review fee in the amount of $475; 3. Original Powers of Attorney giving Chris Smith the authority to sign for his mother and sister; 4. Check to the Pitkin County Clerk and Recorder for the recording fee in the amount of $43 (including the powers of attorney). Thank you for your help and professionalism in connection with this matter. Co4ally, John D. LaSalle NOV-07-2002 THU 09:28 0 FAX NO. • F. 02 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant. to Section 26-304,070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code, This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested properly right shall expire on the day after the third anniversary of the; effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.47/0, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. L'hristosher Smith, Diana Buettas, an_d Deborah batch 234_W. Hopkins Avenue, Aspen, CO 8i611 Property Owner's Nano, Mailing Address and telephone number Unit I, of the West Side Cendominiunis (Alley Unit at 116 S. Second Street Legal Description and Street Address of Subject Property Special Rev 'iew�proval to vary AI?U,.,dcsi� n standard 40 to deed restrict the alley. unit as an ADU Writ(on Description of the Site Speeif c Plan and/or Altachmont Describing Plan Planning and 7onfii- Commission Resolution No. 30, Series of 2002, 11/5,102_ Land Use Approval(s) Received and Dates (Attach f final Ordinances or Resolutions) Novembc_r 16, 2002 Cffeclive Date of Development Order (Same as date of publication of notice of approval.) Novenitwr 17,.20_05 Expirfltion Dale of DevelopmentOrder (The extension, rcinsultQrr ent, exemption from expiration and revocation may be pursued in accordance with Section 26.30S.010 of the City of Aspen Municipal Code.) issued this 16"' clay of November; 2002, by the City of Aspen Community P�velopment Director. t e Ann Woods, Community Development Director RECEIVED AUG 2 5 ?nn9 Aort(v, BUILDING DEPARTMENT A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO VARY THE ACCESSORY DWELLING UNIT DESIGN STANDARDS TO ALLOW FOR A FREE MARKET UNIT TO BE DEED RESTRICTED AS AN ACCESSORY DWELLING UNIT AT 116 S. SECOND STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-24-007 Resolution No. 30 (Series of 2002) WHEREAS, the Community Development Department received an application from Dianna Beuttas, Deborah Hatch, and Christopher Smith, seeking a special review approval for a variance from Section 26.520.050, Accessory Dwelling Unit Design Standards to allow the applicant to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located on their property located at 116 S. Second Street and described as Unit 1 of the West Side Condominiums, City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.520.050 of the Aspen Municipal Code, Community Development Department staff reviewed the applicant's application for compliance with the Accessory Dwelling Unit Design Standards Section of the Aspen Municipal Code and found the submitted development application to be inconsistent with Review - Standards pursuant to 26.520.050(4) and 26.520.050(5); and, WHEREAS, Section 26.410.020(C) of the Aspen Municipal Code provides that if an application is found by Community Development Department staff to be inconsistent with any item of the Accessory Dwelling Unit Design Guidelines, the applicant may either amend the application or appeal staff s findings to the Planning and Zoning Commission pursuant to Chapter 26.520.080, Special Review; and, WHEREAS, all applications for Special Review for variations from the ADU Design Standards of Section 26.520.050 must meet the following review standards in order for the Planning and Zoning Commission to grant a variance from the ADU design standards: a) The proposed ADU is designed in a manner which promotes the purpose of the ADU program, promotes the purpose of the zone district in which it is proposed, and promotes the units general livability; and a) The proposed ADU is designed to be compatible with, and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy, and historical significance of the property; and c) The proposed ADU is designed in a manner which is compatible with or enhances the character of the neighborhood considering all dimensions, density, designated view planes, operating characteristics, traffic, availability of off-street parking, availability of transit services, and walking proximity to employment and recreational opportunities. WHEREAS, the Community Development Director, after review of the requested variance, recommended approval of the special review to allow the applicant to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located; and, WHEREAS, the Aspen/Pitkin County Housing Authority, after review of the requested variances, recommended approval of the special review to allow the applicant to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located; and, WHEREAS, during a duly noticed public hearing at a regular meeting on November 5, 2002, the Planning and Zoning Commission, approved by a vote of six to zero (6-0) a special review application to vary the ADU design standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located at 116 S. Second Street, City and Townsite of Aspen; and, NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 That a special review for a variance from the ADU Design Standards to deed restrict an existing free market unit as an accessory dwelling unit even though it does not conform to the dimensional requirements of the zone district in which it is located at 116 S. Second Street, Aspen, Colorado, is approved pursuant to Land Use Code Section 26.430, Special Review with the following conditions: The applicant shall prepare and record an amended condominium plat that clarifies that the ADU unit shall not be sold as a separate interest from one of the duplex units. 2. The applicant shall obtain an encroachment license from the City Engineering Department to maintain the roof overhang encroachment into the alley. 3. The applicant shall provide one additional parking space for use by the ADU unit as is represented in the application. This parking space shall be designated for the use of the occupant of the ADU on the amended condominium plat. The fencing on the north side of the parking space shall be removed to allow for the space to be used by the occupant of the ADU. 4. The applicant shall maintain their trash storage within the confines of their property as was established in their original condominium plat that was recorded in the Pitkin County Clerk and Recorder's office at Book 10, Page 57. • Section2: All material representations and commitments made by the applicant pursuant to the special review approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on November 5, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: .Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair John D. LaSalle ATTORNEYAT LAW 200 Pitkin Mesa Drive Area Code 970 Aspen, Colorado 81611 Facsimile 920-4 73 7 August 25, 2003 James Lindt City Planning Tech Aspen Community Development Dept. 130 South Galena Street Aspen, CO 81611 Area Code 970 Telephone925-6633 Re: SmithBuettas/Hatch - ADU - 116 S. Second St. Dear James: In accordance with the attached Development Order dated November 16, 2002, enclosed are two paper copies of a draft "Amended Condominium Map of West Side Condominiums" for your review. If it meets with your approval, I will have the mylars prepared and delivered to you for execution and recording. I have contacted the Housing Authority to obtain a form deed restriction for execution and recording. Thank you for your anticipated courtesy and cooperation. Chi D. LaSalle RECEIVED AUG 2 5 2003 Aspa, BUILDING DEPARTMENT AMENDED CONDOMINIUM MAP OF WEST SIDE CONDOMINIUMS r 1'-10' Miiiiimpmm 0 10 20 VICINITY MAT ® u LQ LEGEND AND NOTES O FOUND REBAR WITH CAP MARKED AS SHOWN ❑ UTILITY 0 CUT UTILITY POLE a CONTROL POINT POSTED ADDRESS: '120,—,—' ELECTRIC TRANSFORMER TITLE INFORMATION PROVIDED BY: PITKIN COUNTY TITLE, INC. CASE NO. PCT15873L DATED: 11/20/02 FENCE Q STREET LIGHT e WATER VALVE L.C.E. LIMITED COMMON ELEMENT G.C.E. GENERAL COMMON ELEMENT ELEVATION ASSUMED UNIT BOUNDARY PARKING SPACES 8.5'x2O' SLANTED TEXT DENOTES EXTERIOR UNIT BOUNDARY DIMENSION NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. SITUATED ON LOTS K,L AND MI BLOCK 52 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO. '__ jv U 1B CONTAINING 0.207 ACRES (9,000 SO. FT. •/-) OWNER'S CERTIFICATE KNOW ALL PERSONS BY THESE PRESENTS THAT DIANA H. BEUTTAS DEBORAH S. HATCH AND CHRISTOPHER H. SMITH. BEING THE RECORD OWNERS THE WEST SIDE CONDOMINIUMS (PLAT BOOK 10 AT PAGE 571 SITUATED ON LOTS K, L AND M BLOCK 52 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY COLORADO HAS BY THESES PRESENT AMENDED AND RE -SUBDIVIDED SAID PROPERTY AND THE IMPROVEMENTS THEREON INTO UNITS ONE) TWOj ADU UNIT TWO AND COMMON AREASj AMENDED WEST SIDE CONDOMINIUMS, PURSUANT TO THE PURPOSES STATED IN THE DECLARATION FOR THE WEST SIDE CONDOMINIUMS A CONDOMINIUM RECORDED , 1980 AS RECEPTION NO. DIANA H. BEUTTAS, OWNER T STATE OF COLORADO I is COUNTY OF PITKIN ) THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2003) BY DIANA H. BEUTTAS OWNER. NOTARY PUBLIC DEBORAH S. HATCH, OWNER STATE OF COLORADO ) I is COUNTY OF PITKIN ) THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2003, BY DEBORAH S. HATCH OWNER. NOTARY PUBLIC CHRISTOPHER H. SMITH, OWNER STATE OF COLORADO I I is COUNTY OF PITKIN I THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2003) BY CHRISTOPHER H. SMITH OWNER. NOTARY PUBLIC SURVEYOR'S CERTIFICATE I JOHN HOWORTH HEREBY CERTIFY THAT A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, UTILITIES IMPROVEMENTS AND EASEMENTS SHOWN ON COMMITMENT FOR TITLE INSURANCE PREPARED BY PITKIN COUNTY TITLE INC., CASE N0. PCT DATED: ARE ACCURATELY SHOWN ON THIS PLAT. THIS SURVEY ARTICLES WAS7033.3 ANDA51. SURVEY WPRECIfH CISIONADIS GREATER THANO REVISED U1:10,006.TITLE 38, SIGNED: JOHN HOWORTH, C.P.L.S. 25947 TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRES=NTATIVE OF PITKIN COUNTY TITLE., INC., REGULARLY DOING BUSINESS IN PITKIN COUNTY, COLORADO DOES HEREBY CERTIFY THAT HE PERSONS LISTED AS OWNERS ON THIS PLAT DC HOLD SIMPL� TITLE TO THE WITHIN REAL PROPERTY FREE AND CLEAR OF ALL LIENS ANC ENCUMBRANCES EXCEPT THOSE LISTED ON THE OWNERS CERTIFICATE ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE AND IT IS UNDERSTOOD AND AGREED THAT PTKIN COUNTY TITLE, INC. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 SIGNED: BY: STATE OF COLORADO ) ) so COUNTY OF PITKIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNWLEDGEO BEFORE ME THIS _ DAY OF 2003, BY REPRESENTATIVE OF PITKIN COUNTY TITLE, INC.. NOTARY PUBLIC CITY ENGINEERS APPROVAL THIS CONDOMINIUM MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS _ DAY OF , 2003. CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS CONDOMINIUM MAP WAS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN COLORADO THIS _ DAY OF , 2003. DIRECTOR CLERK AND RECORDERS CERTIFICATE THIS AMENDED CONDOMINIUM MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO AT _O'CLOCK, M. THIS _ DAY OF , 2003, AND RECORDED IN PLAT BOOK _ AG AT PE _ AS RECEPTION NUMBER CLERK AND RECORDER RE -BAR WITH CAP 2376 SE CORNER BLOCK 52 RECEIVED AUG 2 5 2003 ASPEN BUILDING DEPARTMENT INDEX SHEET 1 CERTIFICATIONS, SITE MAP SHEET 2 FLOOR PLAN, ELEVATION SHEET 1 OF 2 PREPARED BY ASPEN SURVEY ENGINEERS/ INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 8/03 33013E