HomeMy WebLinkAboutlanduse case.AP.415 Park Cir.A57-92Jacobie Condo. Plat Amendment ;..�
2737-074-13-002 (KJ) A57-92
P
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113 -63250-134 GMP/CONCEPTUAL
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
00115
-63340-190
-63340-163
HOUSING
ENGINEERING
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL
l
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:_11 92 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-074-13-002 A57-92
Iff STAFF MEMBER• KJ
PROJECT NAME: Jacobie Condo. Assoc. Plat Amendment
Project Address: 415 Park Circle
Legal Address: Lot 6, Sunnyside Park Subdivision
APPLICANT: Jacobie Condo. Assoc. c/o Resort Mcamt. Services
Applicant Address: 1101 Village Rd.- Suite LL2B, Carbondale,CO
REPRESENTATIVE: Chris King
Representative Address/Phone: PO Box 3065
Aspen, CO 81611 925-6034
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ 200 # APPS RECEIVED 1
ENGINEER $ 90 # PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 290
PAID:(YES) NO AMOUNT: $290 NO. OF COPIES RECEIVED—1 /
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
CC Meeting Date
VESTED RIGHTS: YES NO
PUBLIC HEARING: YES
VESTED RIGHTS: YES
Planning Director Approval:
Insubstantial Amendment or Exemption:
REFERRALS:
NO
NO
Paid:
Date•
City Attorney Mtn Bell
School
District
City Engineer Parks_Dept.
Rocky
Mtn NatGas
Housing Dir. Holy Cross
State
HwyDept(GW)
Aspen Water Fire Marshall
State
HwyDept(GJ)
City Electric Bldg Inspector
Envir.Hlth. Roaring Fork
Other
Aspen Con.S.D. Energy Center
Clean
Air Board
DATE REFERRED: -712, I v INITIALS:
Ylltj
-----------------------------------------_-- --------------- --',,/
FINAL ROUTING: DATE ROUTED• INITIAL•A�1/l
CityAtt ��"" �� y City Engineer Zoning Env. Health
Housing Other•
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Diane Moore, City Planning Director
FROM: Kim Johnson, Planner
RE: Jacobie Condominiums - Insubstantial Plat Amendment
DATE: August 7, 1992
SUMMARY: The applicant wishes to amend the condo plat to reflect
the common laundry and storage area as General Common Element
rather than "Garage, part of Unit 1" to conform to the actual use
of the space. This qualifies as an insubstantial plat amendment
pursuant to Section 7-1006 A. of the Land Use Code and shall be
approved by the Planning Director.
FINDINGS: Sheet 2 of the existing Jacobie Condominium Plat does
not identify the laundry / storage area as it exists and as it has
existed since before the current five condominium owners have lived
at the complex. The plat shows the space as part of the garage for
Unit 1. Please refer to proposed plat change as Attachment "A".
The proposed change will bring the plat into agreement with the
actual use of the approximately 260 s.f. space.
REFERRAL COMMENTS: On 7/22/92, Planning, Zoning and Engineering
staff met to review the application. The following comments were
made:
Zoning: Bill Drueding had no problem or comments on the proposal.
Engineering: Chuck Roth stated:
1. The revised plat shall contain a Homeowner's Certificate and
a Title Certificate which meets the City Engineer
Requirements. A Mortgagee Certificate is recommended but not
required to be included on the revised plat.
2. The revised plat shall contain signature blocks for the City
Engineer and the City Planning Director.
3. The original plat shall be referenced by book and page
recordation information on the revised plat.
4. Indicate the zone district of the subject property on the
revised plat.
STAFF COMMENTS: Section 7-1006 A. of the Land Use Regulations
reads:
"Insubstantial Amendment. An insubstantial amendment to an
approved plat may be authorized by the Planning Director. An
insubstantial amendment shall be limited to technical or
engineering considerations first discovered during actual
development which could not reasonably be anticipated during
the approval process, or any other minor change to a plat
which the Planning Director finds has not effect on the
conditions and representations limiting the approved plat."
This proposal will update the original condo plat to actual use
conditions. The application states that the owner of Unit 1
requested that the condominium association identify exact actual
ownership square footage for purposes of accurately assessing
association dues. Thus it was determined that the condo plat must
also be amended.
No expansion will taken place and no increased impacts to public
facilities is calculated resulting from this plat amendment.
Recommended conditions of approval are:
Prior to filing the amended plat at the County Clerk and Recorder's
Office:
1. The revised plat shall contain a Homeowner's Certificate and
a Title Certificate which meets the City Engineer
Requirements. A Mortgagee Certificate is recommended but not
required to be included on the revised plat.
2. The revised plat shall contain signature blocks for the City
Engineer and the City Planning Director.
3. The original plat shall be referenced by book and page
recordation information on the revised plat.
4. Indicate the zone district of the subject property on the
revised plat.
RECOMMENDATION: Staff recommends that the Planning Director
approve with conditions the Insubstantial Plat Amendment for the
Jacobie Condominiums with the four conditions listed above.
I hereby approve the above Insubstantial Plat Amendment for the
Jacobie Condominiums with the four conditions liste above.
m6, l ��,
f
Dian oore, City Planning Director Date
ATTACHMENTS: "A" - Proposed Amended Plat
2
1) Project Name J Ac c t3i C64DOM I N I U I,1.�
2) Project IDcation _ 4 1 S %'A k' K C I R C L
L o T' & S'y ,y n/ Y PA Q, K S U (3 i) V A/
(indicate street address, lot & block cumber, legal description where
aPPrcpriate)
3) Present Zoning 4) Iot Size O
5) Applicant's Name, Address & Done # J A Cct31L' Ct'N Ilklyl1A11iiM 4 SS oC14OPAI
yo ff oRT /il6-T ,SUC,ES. 1161 V/LLAiE 90. Yu tF 1-E 7-43 CgRBe.,yo.4jC (,4,-
6) Representative's Name, Address & nxm # C H R 15 K/ Iy 6- PC 8 o X 3 6 L, S'
7) Type of Application (please check all that apply):
Conditional Use
Special Review
8040 Greenline
•� aiit��' :1
Final SPA
Final Historic Dev.
Minor Historic Dev.
stream Margin Final FUD Historic Demolition
Maintain View Plane Subdivision Historic c Designaticei
condominiumi nation TeKtp4ap Amend= GMQS Allotment
Lot Split,/Iat Dine CMB2S motion
Adjustment
Vested Rights
8) Description of Existing Uses (number and type of m .sting str�res; app=dmate
sq. ft. ; number of bedrooms; any Previous approvals granted to the property).
i CONDO.M1NiVA4 L3uiL.D/IVG' ,=1VE idyl -se C-.JI'AGC,
ii NpRyI s-re 9AGE,4 qcA. CovERS 3, Z EACH
l�y►i I S' 2 -3,9P*1,. 41y.4L[ S ov)ry ,4QE j'EsJ-0CVTIAL .
9) Description on of DevelcUment Application
AREA sNeWAIyo "f/R6r AcaA P1,41V of clry PLAT. Pk5e"9/13Ep
INEW&N AS "GARAGE` -- /W t-rFT-)JAAiq peR 141V
jl416 i 5 /NoT PR i 0 TEE &149 AG,E . 3vT A C1.41INC J FLEMENT OSrD $ Y i 11E
-iACoB1t ccNOO. ,4 SSoC-1 ,A/vD IOWJVE0
10) Have you attached the follaaing.
Response to Attac bment 2, Minimum i m an Submission Contents F Y I i, 4 S % hl E
Response to Attacbment 3, Specific Submission its ,
Response to Attacdm>ent 4, Review Standards for Your Application 1"� ����� Y/
S ro,eA bE
a0M
ti Y
ATTACHMENT 2
Minimum submission Contents for All Development Applications
All Development Applications shall include, at a minimum,•
the following information and materials.
1. The applicant's name, address and telephone
number, contained within a letter signed by the
applicant stat' e, a ss, telephone
number of the representative authorized to act on
behalf of the ap
2. The street address and. legal description of the
parcel on which the development is proposed to
occur.
3. A, disclosure of ownership o�k the parcel on which
the -develoDment is proposed -'to occur, consisting
of a current certi icate from a title insurance
company, 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.
4 . An 8 1/2" x 11" vicinity map locating the subject
parcel within the City of Aspen.
5. 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.
attach2.applications
ATTACHMENT 3
Specific Submission Contents: Insubstantial Amendment or
Exemption Approval By Planning Director
The request for Planning Director approval of an Insubstantial
Amendment or Exemption shall contain the following items:
1. A written description of the existing conditions on the
property which are requested to be altered via the
amendment or exemption.
2. Such site plan drawings or elevations as may be
necessary to adequately evaluate the proposed amendment
or exemption.
3. A listing of all previous development approvals granted
to the property, with the approximate dates of said
approvals.
4. X copy of any recorded document which affects the
proposed development, including but not limited to
recorded plats, agreements and deed restrictions. If
changes are proposed to said recorded documents, these
should be, "red -line&"", onto a copy of the original
document.
at3.insubstantial
ATTACHMENT 4
Review Standards: Development Application for Insubstantial
Amendment to an Approved Subdivision
An insubstantial amendment to an approved Plat may be
authorized by the Planning Director. An insubstantial amendment
shall be limited to technical or engineering considerations first
discovered during actual development which cqQuld not reasonably
be anticipated during the approval process,1--ar any other minor
change to a plat which the Planning Director finds has no effect
on the conditions and representations limiting the approved plat.
Any other amendment shall be Opproved by the C ty Council,
provid d that the proposed change consistent with the appr v
Plat. If the proposed change is no consistent with the appr ve
Plat, Ithe amendment! shall \be s ject to review as a new
Development Application for Plat.
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Attachment 6
General Summary of Consent_. Agenda/.Staff Approval Application
Process
1. Application Types: The following are the Development
Applications which are processed as staff level approvals:
* Exempt Historic Development
* Exempt ESA Development
* GMQS Exemption for remodeling or reconstruction, minor -
development to a historic landmark, development of a
single family or duplex dwelling or minor expansion of
a commercial or office use.
* Minor Amendments to approved Conditional Use, Special
Review, SPA, PUD, Subdivision or GMQS.
2. Development Review Procedure Summary: The zero step staff
approval application process is shown in the attached
figures and can be described as follows.
Stage One: Attend pre -application conference. The purpose
of this one-on-one meeting with staff is to determine
whether your development proposal can be processed at the
staff level and if so, to identify the materials staff will
need to review your application.
Stage Two: Submit development application. Based on your
meeting with staff, you should respond to the appropriate
portions of the application package and submit the requested
number of copies of a complete application, with the
appropriate processing fee, to the Planning Office.
Stage Three: Determination of Completeness. Within five
working days of the date of your submission, the application
package will be reviewed by a member of the staff. You will
be notified in writing of whether the application is
complete or if additional materials are required at this
time.
Stage Four: Review of Development Application. Once your
application is determined to be complete, it will be
reviewed by the staff for compliance with the applicable
standards of the Code. Within five working days, a memo
will be written by the staff member for signature by the
Planning Director. the memo will explain whether your
application complies with the Code and will list any
conditions which should apply if the application is to be
approved.
Jacobie Condominium Association
C/o Resort Management Services
1101 Village Road, suite LL2B
Carbondale, Colorado
City of Aspen
Planning and Zoning
Galena Street
Aspen, Colorado 81611
Dear Planning & Zoning,
The representative authorized to act on behalf of Jacobie
Condominium Association is the president, Chris King. His address
is P. O. Box 3065, Aspen, Co. 81612. Phone no. is 925-6034.
Sincerely,
C—�- )C-<�/
Chris King, Ares.
Carole Pennt, secretary
c'Ji BY:Ne'ley & Alder 6-15-92 ; 6;39AM ; Neiley & Alder-+ 3039251285;9 1
1 I.
ARTICLES OF INCORPORATION
OF
JACOBIE CONDO Y?INIUMS ASSOCIATION, INC.
( Not For Profit)
The undersigned, acting as incorporator of the Corporation
under the laws of the Colorado Non -Profit Corporation Act, signs and
acknowledges the following Articlas of Incorporation for such Corporation.
ARTICLE I
Name
The name of the Corporation shall be JACOBIE CONDOMINIUMS
ASSOCIATION, INC. , hereinafter called the "Corporation".
ARTICLE II
Purpose
The purpose for which the Corporation is organized is to govern
the affairs of the Jacoble Condominiums located in the City of Aspen,
Pitldn County, Colorado, and to fulfill the obligations set forth in the
Condominium declaration for Jacoble Condominiums, recorded in the real
estate records of Pitkin County, Colorado, at Book 340, Page 670, as
amended.
ARTICLE III
Term
The Corporation shall have perpetual existence.
ARTICLE IV
Powers
1. The Corporation shall have all of the common law and
statutory powers of a non-profit corporation, which are not in conflict with
I
he terms of these Articles.
2. The Corporation shall have all, of the lawful powers and
duties reasonably necessary to govern the Jacoble Condominiums, including
but not limited to the follohing;
2.1 To make and collect assessments against members of
the Corporation;
2.2 To use the proceeds of assessments in the exercise of
its powers and duties;
2.3 To employ Personnel to perform the services required
for proper operation of the Corporation; and
2.4 To engage in activities which may now or hereafter be
allowed or permitted by ia.4 to actively foster, promote and advance the
common interests of the members of the Corporation.
SENT 5Y:Neiley & Alder 6-15-92 ; 8:40AM ; Neiley 8 der- 30392512851# 2
;. All funds and the title of all properties acquired by the
Corporation and the proceeds thereof shall be held in trust for the mem-
bers of the Corporation in accordance with the provisions of these Arti-
cles, the By -Laws of the Corporation and the Condominium Declaration --for
Jacobie Condominiums.
ARTICLE V
Members
1. The Corporation shall be a membership corporation without
certificates or shares of stock.
2. The members of the Corporation shall consist of the owners
of condominium units in Jacobie Condominiums.
3. The share of a member in the funds and assets of the
Corporation cannot be assigned, hypothecated or transferred without the
prior written consent of the Board of (Managers of the Corporation.
4. Each member of the Corporation shall be entitled to vote,
and the number of votes and !Wanner of exercising voters' rights shall be
as set forth in the Ccindominiu: i Declaration for Jacobie Condominiums and
the By -Laws.
ARTICLE VI
Board of Managers
1. The affairs of the Corporation will be managed by a Board
consisting of the number of managers as shall be determined by the
By -Laws, but not more than seven (7) managers, and in the absence of a
determination shall consist of one (1) manager.
2. [Managers of the Corporation shall be elected at the annual
meeting of the members In the manner determined by the By -Laws. Man-
agers may be removed and vacancies on the Board of Managers shall be
filed in the manner provided by the Ley -Laws.
3. Managers herein named shall serve until the next election of
managers, and a;.,y vacancy in their number occurring before the next
election shall be filled in accordalnce with the By -Laws and Condominium
Declaration for Jacobie Condominiums.
4. The name and address of the sole member of the current
Board of Managers who shall hold office until his successors are elected
and have qualified, or until removed, is as follows:
Craig Jacoble
175 Park Circle, #1
Aspen, Colorado 81611
2
_- . T- -- J - 1 - 1. I v 11111 1 11v♦ 1. J v l i l M V V V V V L V I L V V 1 p 1
1 ` ~
ARTICLES OF INCORPORATION
OF
JACOEIE CONDOMINIUMS ASSOCIATION, INC.
(Not For Profit)
The undersigned, acting as incorporator of the Corporation
under the laws of the Colorado Non -Profit Corporation Act, signs and
acknowledges the following Articles of Incorporation for such Corporation.
ARTICLE I
Name
The name of the Corporation shall be JACOBIE CONDOMINIUMS
ASSOCIATION, INC., hereinafter called the "Corporation".
ARTICLE II
Purpose
The purpose for which the Corporation is organized is to govern
the affairs of the Jacobie Condominiums located in the City of Aspen,
Pitldn County, Colorado, and to fulfill the obligations set forth In the
Condominium Declaration for Jacobie Condominiums, recorded in the real
estate records of Pitkfn County, Colorado, at Book 340, Page 670, as
amended.
ARTICLE III
Term
The Corporation shall have perpetual existence.
ARTICLE IV `
Powers
1. The Corporation shall have all of the common law and
statutory Bowers of anon -profit corporation which are not in conflict with
the terms of these Articles.
. The Corporation shall have al: of the lawful powers and
dutie,S reasonably necessary to govern the Jacobie Condominiums, including
b J not limited to the following:
2.1 To make and' -I, collect assessments against members of
the Corporation;
2.2 To use the proceeds of assessments in the exercise of
its powers and duties;
2.3 To employ personnel to perform the services required
for proper operation of the Corporation; and
2.4 To engage in activities which may now or hereafter be
allowed or permitteO' by law to actively foster, promote and advance the
common interests of the members of the Corporation.
v-..- k.•—A.+.Y v MI V:! r V IV Qf. 1 VI't VnIII I IYGI Icy a nI UVI- JUJJLJ ILD�too J
ARTICLE VII
F:egnstered. Office and Registered Agent
1. The Corporation shall have and continuously maintain in
Colorado a registered office, which may be the same as its principal office
and a registered agent whose business office is identical to that of the
registered office.
2, The initial registered office of the Corporation shall be
located at Resort Management Services, Inc. , 323 West Main Street, Aspen,
Colorado 81611, located in I'itkin County, Colorado. The initial registered
agent of the Corporation, whose business office is identical with such
registered office is John Cahill,
ARTICLE VIII
By Laws
The By -Laws of the Corporation shall be adopted by the Board
of Managers and may by alterod, amended or revoked in a manner provided
by the By -haws.
ARTICLE IX
Amendments
Amendments' to the Articles of Incorporation shall be proposed
and adopted in the following manner:
1. Notice of the subject matter of the proposed amendment
shall be included in the notice of any meeting at which a proposed amend-
ment is considered,
2. Approval of an amendment must be by not less than
two-thirds (2/3) of the votes of the entire membership of the Corporation
cir by not less than two-thirds (2/3) of the entire membership of the Board
of AlanaUers.
3. No amendments shall make any changes in the qualifications
for mel; bership or the voting rights of members as provided in the
By -Laws without approval in writing of all current members.
5. A espy of each amendment shall be certified by the
Colorado Secretary of State,
ARTICLE XI
Incorporator
The name and address of the incorporator of `these Articles of
Incorporation is:
Richard Y. Nelley, Jr. , Esquire
Richard Y. Neiley, Jr. , F.C.
1 6106 East Hopkins Avenue, Suita 3
Aspen, Colorado 81611
3
5itNl V_'Nelley 6 Auer 5-15-92 8-41AM Neiley & Alder 3039251285;9 4 '
IN WITNESS WHEREOF, thei Corporator has hereunto affixed his
signature this 1__�_._ day of January, 191
I, I — k 1 I.+�, �� a
. ——. —-F —, vas.
STATE OF COLORADO ) E!
ss.
COUNTY OF PITKIN )
The foregoing icles of Incorporation were acknowledged and
TL
signed before me this day of January, 1988, by RICHARD Y.
NEILEY, JR.
WITNESS my hand and �ci 1, e 1.
My commission expires: l
Rey Public
4
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
FROM: Kim Johnson, Planning Office
RE: Goodheim & Ross Plat Amendment
Jacobie Condominium Association Plat Amendment
Krigel Stream Margin Exemption
Aspen Alps Insubstantial Plat Amendment
DATE: July 21, 1992
Attached for your review and comments is an application submitted by Neil Ross.
I will contact you to set up a meeting to discuss these cases.
Thank you.
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