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Home My WebLink Aboutlanduse case.AP.Durant Mall Condos.1983-AM1 t""I ~ MEMORANDUM .TO: Aspen Planning and Zoning Commission FROM: Alice Davis, Planning Office RE: Durant Mall - Condominium Plat Amendment . DATE: March 8, 1983 Location: Lots L, M, N, O,P,and Q, Block 106, Aspen Original Townsite. Zoning: NC. Applicant's Request: The applicant is requesting a minor amendment to the Durant Mall Condominium plat pursuant to Section 20-21(b) of the COde, Resubdivision and Engineering ErrorS. The amendment is to correct an error which created three condominium units, E-10, E-ll and E-12 when the intent was to create two units, E-10 and E-12. The correction eliminates unit E-ll and redis- tributes the square footage in this unit between units E-10 and E-12. Referral Comments: The Engineering Department recommend that the following changes be made to the condominium plat: 1. Change title to "Amended Sheet 5 of the Condominium Plat of the Durant Mall (a condominium)" and change the sheet number from "Sheet SA" to 11 Sheet 5". 2. Add a north arrow. 3. Supply dimensions on: (a) Thickness of wall between deck L.C.E. units E-10 and E-12. (b) Interior length of east walls of Units E-10 and E-12. 4. Indicate whether linen closet is L.C.E. or G.C.E. 5. Delete corridor L.C.E. designation to Unit E-ll. 6. Delete Unit E-ll designation from surveyor's certificate. 7. Provide appropriate approval certificates on the plat for signatures of Engineering, Planning and Zoning Commission, City Council and the City Clerk. An owner's certificate should be provided. ( Change amendment note language to something similar to: "This amended plat is filed to reflect a change in Units E-10 and E-12 as shown and noted hereon. Unit 11 was not constructed. In all other respects..." 8. The Attorney's Office. and the Building Department had no comments on this request. - .~ ~ ^~~.~. ~ - .",..., _."~, ~M..~~..~.~ '.\",'~"~". ~."",~,,,,,,...._v,,,m,,~,,,,,,,,',~J'_.~""Jl"_,.","'_.>,,."'V "'_.,~,.;",. ,,,,,,_,.o.,,~.'!I/ml9!:f,,:,,.. ".~ '\._.~J.~"," '''".'''''''''' "....., ^ ~.~,.,. Memo: Durant Mall Page Two March 8, 1983 Planning Review: Office Section 20-2l(b) allows P&Z to approve minor plat changes resulting from an engineering or survey error, if the error does not result in major alterations. Unit E-ll which is being eliminated from the plat does not currently exist. Approximately 289.88 square feet of Unit E-ll shown on the plat. is being added to UnitE....lO while 328.48 square feet is being added to Unit E-12. This merely redistributes the square footage shown in Unit E-ll and does not alter the total amount of usable square footage. The requested amendment is a minor plat change which will allow the plat to show what currently exists at the Durant Mall. Planning Office Reconnnendation: The Planning Office recommends that P&Z approve the correction to the Durant Mall Condominium Plat subject to the following changes being made to the condominium plat: 1. .Change title to "AIllended Sheet 5 of the Condominium Plat of the Durant Mall (a condominium)" and change the sheet number from "Sheet SAlt to "Sheet 5".. 2. Add a north arrow. 3. Supply dimensions on: (a) Thickness of wall between deck L.C.E. Units E-lO and E-l2. (b) Interior length of east.walls of Units E-lO and E-l2. 4. Indicate whether linen closet if L.C.E. or G.C.E. 5. Delete corridor L.C.E. designation to Unit E-ll. 6. Delete Unit E-ll designation from surveyor's certificate. 7. Provide appropriate approval certificates on the plat for signatures of Engineering, Planning and Zoning Commission, City Council and the City Clerk. An owner's certificate should be provided. 8. Change amendment note language to something similar to: "This amended plat is filed to 'reflect a change in Units E-lO and E-12 as shown and noted hereon. Unit 11 was not constructed. In all other respects..." ',J OWNERSHIP AND ENCUJlf""ANCE REPORT 2056 Ab ~ , $75.00 STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Condominium Units E-I0, E-ll, and E-12, The Durant Mall Condominiums according to the map thereof recorded in Plat Book 4 at page 565 and as further defined and described in the Condominium Declaration recorded February 6, 1976 in Book 308 at page 518. Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of Block 106 Associates, a Colorado Limited Partnership NOTE: Certificate of Limited Partnership for Block 106 Associated recorded June 11, 1975 in Book 299 at page 670 as Reception No. 175504. and that the above described property appears to be subject to the following: 1. A Deed of Trust dated May 5, 1977, executed by Block 106 Associates, A Colorado Limited Patnership to the Public Trustee of Pitkin County, to secure an indebtedness of $935,000.00, in favor of The Empire Savings, Building and Loan Association, recorded May 11, 1977 in Book 328 at Page 627 as Reception No. 194288. 2. Assignment of Rents recorded May 11, 1977, in Book 328 at Page 630 as reception No. 194289 given in connection with the above Deed of Trust. EXCEPT all easements, right-of-ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. 3) Paid tax liens which, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- ment contained herein. Dated at Aspen, Colorado, this 12th day of November A.D. 1982 at 8:00 AM BY Authorized Signature Made For: Stewart Title Form OEZ 10/82 ----- - (- ~ ME-lORANDUM TO: FROM: DATE: RE: Alice Davis, Planning Department Chuck Roth, Engineering Department 6;e:, February 18, 1983 Durant Mall Plat Amendment {: -----------------------------------------------------.------ Having reviewed the above application, the Engineering Department has the following' comments:. . . . 1. Change ti tIe language to "Amended Sheet 5 of the Condominium Plat of the Durant Mall (A Condominium)" and sheet number from "Sheet SA" to "Sheet 5." . 2. Add a North arrow. 3. Supply the following dimensions: a~ Thickness of wall between deck L.C.E. units E-IO and E-12. b. Interior lengths of East walls of units E-IO and E-12. .~ ". '. 4. Indicate whether linen closet is L.C.E. or G.C.E. 5. Delete corridor L.C.E. designation to unit E-ll. . 6. Delete Unit E-ll designation from surveyor's certificate. 7. Provide certificates to show approval ~f the plat by the City Engineer, Planning Commission, and City Council with signature by the Mayor and attestation by the City Clerk. Provide an owner's certificate. 8. Change Amendment note language to something like: "This amended plat is filed to reflect a change in Units jJ-IO and E-12 as shown and noted hereon. Unit 11 was not constructed. In all other respects ...." CRlco . "~._,....:_..~~._.:":.""'"--. 1""\ ~ LAW OFFICES OATES, HUGHES & KNEZEVICH LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN PROFESSIONAL CORPORATION SUITE 200 600 EASi HOPKINS AVENUE ASPEN, COLORADO 81611 January 26, 1983 AREA CODE 303 TELEPHONE 920-1700 TELECOF'Ie:R 920-1121 BRADLEY S. ABRAMSON City of Aspen Planning & Zoning Commission 130 S. Galena Aspen, Colorado 81611 City of Aspen Planning Dept. Attention: Alice Davis 13 0 S. Galena Aspen, Colorado 81611 Re: Request to allow plat correction for Units E-IO, 11 and 12 within the Durant Mall (a Condominium) situate on the Easterly ~ of Lot L and Lots M, N, 0, P and Q, in Block 106, City and Townsite of Aspen, situate within the NC Zone District. Dear Alice and Members of the Planning & Zoning Commission: The applicant requests, pursuant to Section 20-21 (b) of the Official Code of the City of Aspen, permission to correct an error as contained in the recorded Condominium Plat for the Durant Mall (a condominium) appearing in Plat Book 4 at Page 565 of the records of Pitkin County, Colorado, the reason therefor being that Condominium Unit E-11 was eliminated from the project and the square footage therein divided roughly equally between Units E-10 and E-12. The net effect does not alter the aggregate usable square footage, but merely readjusts the square footage shown on the map for Units E-10, E-11 and E-12, constituting the elimination of Unit E-11 and a net gain of 289.88 square feet to Unit E-10 and 328.48 square feet to E-12. I have enclosed herewith a copy of the original recorded Condominium Map showing the corrected boundary, together with a copy of the proposed Correction Condominium Map. We have enclosed herewith an Ownership and Encumbrance Report relating to all of the units for which permission to correct the error in definition or exemption is sought by this application, which demonstrates ownership therein to be vested in Block 106 Associates, the applicant. -. ,,-.. OATES, HUGHES 8< KNEZEVICH, P. C. Ms. Alice Davis, City of Aspen Planning Dept. City of Aspen Planning & Zoning Commission January 26, 1983 Page Two Please contact me with respect to any additional information or any questions which you may have with respect to the application. Finally, we have enclosed an application fee in the amount of $475.00 as required by the Municipal Code of the City of Aspen. Very truly yours, ~HEalEZEVICH' LEONARD M. OATES P.C. LMO/mlp Enclosures cc: John Ginn Larry Yaw