HomeMy WebLinkAboutlanduse case.AP.212 Lake Ave.A17-92LEWIS INSUBSTANTIAL AMENDMENT
2735-124-89-002 A17-92
t, I
ASPEN/PITKIN 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/
oC)
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
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�L1��
TOTAL
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Address:
Project:
Check #
Date:
Copies received:
_ #of Hours:
-
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3 02 92 PARCEL ID AND CASE NO.
DATE COMPLETE;:. 2735-124-89-002 A17-92
STAFF MEMBER:— LL
PROJECT NAME: Lewis Insubstantial Amendment
Project Address: 212 Lake Avenue Condominiums, Unit B
Legal Address:
APPLICANT: Jonathan Lewis
Applicant Address: 2977 McFarlane Rd, #302, Coconut Grove, F1
REPRESENTATIVE: Jane Ellen Hamilton, Garfield & Hecht
Representative Address/Phone: 601 E. Hyman Avenue
Aspen, CO 81611 925-1936
--------------------------------------------------------------
--------------------------------------------------------------
PAID:(YES) NO AMOUNT: $290 NO. OF COPIES RECEIVED 2/2
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
CC Meeting Date
VESTED RIGHTS: YES
PUBLIC HEARING: YES
VESTED RIGHTS: YES
Planning Director Approval:
Insubstantial Amendment or Exemption:
NO
NO
NO
Paid:
Date:
REFERRALS:
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
Building Inspector
Envir.Hlth.
Roaring Fork
Other
Aspen Con.S.D.
Energy Center
�
DATE REFERRED: A- +
�� � s INITIALS:
FINAL ROUTING:
DATE ROUTED:
I 3 INITIAL:DvV
City Atty City
Engineer Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Planner
RE: Lewis Insubstantial Plat Amendment
DATE: May 12, 1992
SUMMARY: The applicant seeks to amend the 212 Lake Avenue
Condominiums Subdivision Plat to reflect minor changes to the
condominium footprint.
ZONING: R-6, Medium Density Residential
STAFF COMMENTS: Pursuant to Section 24-7-1006 an insubstantial
amendment of an approved plat may be authorized by the Planning
Director for any minor change which the Planning Director finds has
no effect on the conditions. and representations limiting the
approved plat.
The applicant recently remodeled
and window dormers altered the
Changes to the interior stairway
approximately 100 square feet.
added did not increase the. floor
in the original floor area
condominiumized.
REFERRAL COMMENTS:
Unit B. The addition of a deck
platted footprint of the unit.
and hall have actually eliminated
The two window dormers that were
area of the unit because they were
count when the structure was
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. Neither the original plat nor the current amendment indicate
parking locations. Since this plat is amending only Unit B, the
amendment must indicate the parking associated with that unit in
order to confirm that parking is not being lost, nor additional
parking required, as a result of the changes.
2. The plat must contain a general note that references the
original plat book and page and that explains the changes being
made by the amendment. The zone district must be indicated. There
is a brick wall on Unit B's LCE which is not labelled on the plat.
All improvements on the Unit B LCE must be indicated on the final
plat. The plat is lacking a Title Certificate.
3. The original plat does not provide the required information
concerning utilities. The amendment must bring the information up-
to-date for Unit B. Specifically, the plat amendment must indicate
utility meter locations for Unit B.
4. There is a fence which encroaches into public property. We
would prefer to have the fence relocated onto the applicant's
property prior to plat approval. If the applicant is interested
in pursuing leaving the fence where it is, an encroachment license
must be applied for prior to plat approval. If the encroachment
is approved, it must be indicated on the plat with the license
agreement recording information.
5. Either the surveyor's certificate of a general note must
indicate that all easements of record of Title Policy No. ,
dated , have been shown on the plat.
6. Given the continuous problems of unapproved work and
development in public rights -of -way, we would advise the applicant
as follows:
The applicant shall consult city engineering for design
considerations of development within public rights -of -
way and shall obtain permits for any work or development
within public rights -of -way from city streets department.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way using language currently
available from the city attorney's office. Since there will not
be an ordinance approving this application, this should be a note
on the plat.
RECOMMENDATION: Staff recommends approval of the plat amendment
reflecting the alterations in the footprint with the following
conditions:
1. The amendment shall indicate the parking associated with Unit
B in order to confirm that parking is not being lost, nor
additional parking required, as a result of the changes.
2. The plat shall contain a general note that references the
original plat book and page and that explains the changes being
made by the amendment. The zone district shall be indicated.
There is a brick wall on Unit B's LCE which is not labelled on the
plat. All improvements on the Unit B LCE shall be indicated on the
final plat. The plat is lacking a Title Certificate.
3. The amendment shall include up-to-date utility information for
Unit B. Specifically, the plat amendment shall indicate utility
meter locations for Unit B.
4. An encroachment license shall be applied for prior to plat
approval if the applicant is interested in leaving the fence that
encroaches into public property. If the encroachment is approved,
K
it shall be indicated on the plat with the license agreement
recording information.
5. Either the surveyor's certificate of a general note shall
indicate that all easements of record of Title Policy No. ,
dated , have been shown on the plat.
6. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way using language currently
available from the city attorney's office and this shall be noted
on the plat.
7. The applicant shall file the amended plat within 180 days of
Director's approval.
I hereby approve of the insubstantial amendment
to Unit B of 212 Lake Avenue Condominiums
Subdivision Plat pursuant to Section 24-7-1006
of, the Municipal Code.
6-A1WJM &O-Q ,
Di Moore, City Planning Director
3
I1/ kj a, u
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer 0'-h
Date: March 25, 1992
Re: Lewis Insubstantial Plat Amendment
Having reviewed the above referenced application, and having made a site inspection, the
engineering department has the following comments:
1. Neither the original plat nor the current amendment indicate parking locations. Since
this plat is amending only Unit B, the amendment must indicate the parking associated
with that unit in order to confirm that parking is not being lost, nor additional parking
required, as a result of the changes.
2. The plat must contain a general note that references the original plat book and page
and that explains the changes being made by the amendment. The zone district must be
indicated. There is a brick wall on Unit B's LCE which is not labelled on the plat. All
improvements on the Unit B LCE must be indicated on the final plat. The plat is lacking
a Title Certificate.
3. The original plat does not provide the required information concerning utilities. The
amendment must bring the information up-to-date for Unit B. Specifically, the plat
amendment must indicate utility meter locations for Unit B.
4. There is a fence which encroaches into public property. We would prefer to have the
fence relocated onto the applicant's property prior to plat approval. If the applicant is
interested in pursuing leaving the fence where it is, an encroachment license must be
applied for prior to plat approval. If the encroachment is approved, it must be indicated
on the plat with the license agreement recording information.
5. Either the surveyor's certificate of a general note must indicate that all easements of
record of Title Policy No. , dated , have been shown on the plat.
6. Given the continuous problems of unapproved work and development in public rights -
of -way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way and shall obtain
permits for any work or development within public rights -of -way from city
streets department (920-5130).
7. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way using
language currently available from the city attorney's office. Since there will not be an
ordinance approving this application, this should be a note on the plat.
M92.109
RONALD GARFIELD*
ANDREW V. HECHT**
ROBERT E. KENDIG
MICHAEL J. HERRON***
JANE ELLEN HAMILTON
*also admitted to
New York Bar
**also admitted to
District of Columbia Bar
***also admitted to
Florida Bar
HAND DELIVERY
ATTORNEYS AT LAW TELEPHONE
VICTORIAN SQUARE BUILDING (303) 925-1936
601 EAST HYMAN AVENUE TEL 925-30R
(303) 25-3008
ASPEN, COLORADO 81611
SEP 2 21992
September 21, 1992 AI
Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Lewis Insubstantial Plat Amendment
Dear Leslie:
Enclosed for execution by the City of Aspen Engineering, Parks
and Planning Departments are duplicate mylars of the Plat Amendment
to the condominium located at 212 Lake Avenue, Aspen, Colorado, the
approval for which is dated May 12, 1992. These mylars have been
signed by the surveyor, the owners of the property, the lienholder
and the title company. In addition, we enclose a check made
payable to the City of Aspen in the amount of $20.00 for recording
fees.
Please contact us should you have any questions regarding this
matter.
Sincerely,
GARFIELD & HECHT, P.C.
Jane Ellen Hamilton
JEH/bc
Enclosures
cc: Jonathan Lewis
ASPENTITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
FROM: Leslie Lamont, Planning Office
RE: Lewis Insubstantial Amendment
Parcel ID No. 2735-124-89-002
DATE: March 4, 199
Attached for your review and comments is an application submitted by Jane Ellen Hamilton,
representing Jonathan Lewis, requesting an insubstantial plat amendment.
Please return your comments to me no later than March 25, 1992.
Thank you.
RONALD GARFIELD*
ANDREW V. HECHT**
ROBERT E. KENDIG
MICHAEL J. HERRON***
JANE ELLEN HAMILTON
CATHERINE H. McMAHON****
*also admitted to
New York Bar
-also admitted to
District of Columbia Bar
***also admitted to
Florida Bar
****also admitted to
Illinois Bar
HAND DELIVERY
GARFIE LD & ]>«ECHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
March 2, 1992
Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Insubstantial Plat Amendment
Dear Leslie:
TELEPHONE
(303) 925-I936
TELECOPIER
(303) 925-3008
MAR - 21992
Dk�
As you may recall, you and I had a pre -application conference
last October 21st. with respect to an insubstantial plat amendment
to Unit B, 212 Lake Avenue Condominiums. As we discussed at that
time, the need for the plat amendment is based upon some changes
that were made to the footprint of the condominiums pursuant to a
remodel of the unit. We apologize for the delay in getting this
application to you. There were numerous delays in securing the
plat amendment from the surveyor and matters were further
complicated by the fact that Welton Anderson was the architect on
the project, who, as you know, recently died. Enclosed for the
application are the following documents:
1. Consent of the property owner with the owner's name,
address and telephone number;
2. A Land Use Application form;
3. Disclosure of ownership consisting of a current
certificate from the title insurance company;
4. A check made payable to the City of Aspen in the amount
of $203.00.
4. A written description of the need for the insubstantial
plat amendment; and
5. Two copies of the proposed plat amendment containing a
vicinity map locating the property and the City of Aspen.
GARFIELD & HECHT, P.C.
Leslie Lamont
March 2, 1992
Page 2
We decided not to include the mylar for you at this point, as
we wish to know if the proposed amendment meets with your approval
before we forward it to our client for his signature and for his
mortgagee's signature. Thus, if you can call us as soon as you
have had a chance to review that plat amendment, we will secure a
fully executed mylar for you and deliver it for execution by the
City.
In the meantime, should you have any questions, please do not
hesitate to contact us.
Sincerely,
GARFIELD & HECHT, P.C.
I " ff6ult
ane Ellen Hamilton
JEH/bc
Enclosures
cc: Jonathan Lewis
LAND USE APPLICATION
The Applicant, Jonathan D. Lewis, owns condominium Unit B, 212
Lake Avenue Condominiums in the City of Aspen. Mr. Lewis owns the
condominium unit with his father, Peter B. Lewis, for whom he is
authorized to act. Based upon conversations which the Applicant's
architect, Welton Anderson, had with Bill Drueding last fall, we
understand that an insubstantial plat amendment is needed based
upon the addition of a deck and the addition of window dormers to
the unit pursuant to a remodel of the unit. We understand from
Welton Anderson's office that the remodel actually reduced the
floor area ratio of the condominium unit because the changes made
to the interior stairway and hall actually eliminated approximately
100 square feet. Further, Mr. Anderson assured us that the two
dormer windows which were added did not increase the FAR, because
they had originally been counted when the unit was condominiumized.
We understand that Welton Anderson confirmed these discussions with
Bill Drueding at a meeting held December 20, 1990. Because the
remodel had no affect on the conditions and representations
limiting the existing approved plat, (for no increase in FAR was
caused by the remodel) this application complies with Section 7-
1006A of the City of Aspen Municipal Code, Land Use Regulations.
jeh\lu\lewis.lua
CONSENT
The undersigned, JONATHAN D. LEWIS, is one of the record
owners of Condominium Unit B, 212 Lake Avenue Condominiums. I have
the authority to act on behalf of the other record owner of the
property, my father, Peter B. Lewis. We hereby authorize Garfield
& Hecht, P.C., whose address and telephone number are 601 E. Hyman
Avenue, Aspen, Colorado 81611, (303) 925-1936, to act on our behalf
in submitting an application for an insubstantial amendment to the
condominium plat for Unit B.
Jonathan . Lewis
G Address:
' � 9 7 / /UGr ar/DA0--
rncnnLd (-,ro✓P .
Phone: (3O5) vn'-&Jy2
jeh\ms\lewis.con
t�111�6.111111�11' 1
IAND USE APPLICATICN
FUM '
1)
Project NaQne 212 B
Lake Avenue Condominium
"
2)
Project Iomtion 212
Lake Avenue, Unit B, Aspen,
Colorado 81611 k '
( indicate street address, lot & block ramber,
legal description where
arrx�rrcrri ate)
3)
present Zonisig R-6
4) Jot Size Approx. 6000 sq. ft.
5)
Applieant,s Name, Address
& Fhave # Jonathan
D. Lewis, 2977 McFarlane Road,
#302, Coconut Grove,
Florida 33133 (305) 448-6942
6)
Representative's Name, Address & Prone # Jane
Ellen Hamilton, Garfield &
Hecht, P.C., 601 E.
Hyman Avenue, Aspen, Colorado
81611 (303) 925-1936
7)
'Type of Application
(please check all that apply):
X Insubstantial Plat Amendment
Conditional Use
tual. SPA
Conceptual Historic Dev.
Special Fdeview
Final SPA
Final Historic Dev.
8040 Cteenline
Caweptual PUD
Mirror Historic Dev.
Sttiem► Margin
Final PUD
Historic Demolition
Mountain View Plane
Subdivision
Historic Designation
e urk3c niniumization
TeKt,/Map Ammclomt
GK1 S AllotroeYt
Vested Rights
• W.r.7 - •11 -
8) Description of Existing Uses (rxmixex and. type of existing structures; apprcDdmt:#--
•. ft.; rRndx-x of bedrooms; previous approvals granted to the property).
single family home/duplex
9) Description of Development Application
Insubstantial Plat Amendment to reflect minor changes to condominium footprint
10) Have you attached the follawirW.
Response to AttaclIment 2, Min i u m Subnission Contents
Response to Attadmnent 3, Specific Submission Contents
Response to Attadment 4, Review Standards for Your Application
PITKIN COUNTY TITLE, INC.
601 EAST HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303-925-1766 ; 303-925-6527 FAX Vice President
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that JONATHAN D. LEWIS AND PETER B.
LEWIS are the owner's in fee simple of the following described property:
CONDOMINIUM UNIT B, 212 LAKE AVENUE CONDOMINIUMS, according to the Map
thereof recorded October 27, 1981 in Plat Book 12 at Page 33; and according
to the Condominium Declaration thereof recorded October 27, 1981 in Book 416
at Page 510.
COUNTY OF PITKIN, STATE OF COLORADO.
TRUST DEEDS AND/OR MORTGAGES OF RECORD:
Deed of Trust from : Peter B. Lewis and Jonathan D. Lewis
to the Public Trustee of the County of Pitkin
for the use of : Northern Trust Bank of Florida, N.A.
to secure : $510,000.00
dated : November 28, 1990
recorded : December 4, 1990 in Book 635 at Page 216
reception no. : 328465
This certificate is not to be construed to be a guarantee of title and is
furnished for informational purposes only.
PITKI CO
UN Y TLE, INC.
BY:
authoriNdignature
CERTIFIED TOUARY 2, 1992 @ 8:00 A.M.
ORDER NO. 92-629
3
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to the map thereof recorded October 27, 1981, in Book 12
S at Page 33; and according to the Condominium Delcaration
` thereof recorded October 27, 1981, in Book 416 at Page 510
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2-12 LAKE AVENUE
PLA T A MENDMENT- - UNIT B
Legend and Notes:
— III indicates found monument LS 9018.
— O indicates set monument rebor and cap L.S. 15710.
A indicates control point
Survey Orientation based on found monuments as shown.
LEGAL DESCRIPTION
LOT 18, BLOCK 103
HALLAM ADDITION
CITY OF ASPEN
COUNTY OF PITKIN
STATE OF COLORADO
LINE DIRECTION I DISTANCE
L 1 S 46'24'0 E 22'
L2 N 46'24'05W
2.2'
LJ N 46'24'0 W
2.0'
L4 S 46'24'0 E
a7'
L5 S 4624'0 E
J.2'
L6 N 4624.0 W
25'
L7 S 4624'0 E
2.5'
L8 N 49'47J W I0.o0'
L9 N 19'5175W /6.?2'
CURVE I RADIUS I LENGTH 0 TANGENT I CHORD I BEAR DELTA
C 1 401.00' 59.89, JO. 00' 59. 8J' N 44'OJ'50 W 08'JJ 26
Mortgagee Consent: • •
The undersigned, as mortgagee under the provisions of a
certain mortgage dated __---, and recorded in the
records of the Clerk and Recorder of Pitkin County, Colorado
in Book —_, at Page _—_, hereby consents to the amendment
as hereon drown.
Attest:
BY.--- ---��
__—
Notary Public Certificate:
State of Colorado )
) ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
day of 1992, by
as and by _—_
---- -- of -- ---
Witness my hand and official seal,
My commission expires:
Notary Public
Note: This Plot Amendment amends the Plat of record
recorded in Book 12 at Page 3J.
MKI
OWNERS CERTIFICATE
, as (all) the owner(s) of
the --------------------------------, as such Condominium
is defined and described in the condominium declaration for
the — — _ _ condominium recorded
in Book — at Page — thru — and in Plot Book --- at Page
of the records of the Pitkin County Clerk and Recorder,
Colorado, hereby publish this map of the _—_—
condominium.
STATE OF COLORADO) e
)Ss
COUNTY OF P/TKIN )
The foregoing certificate was acknowledged before me this
__— day of , 1992, by
My commission expires`_
Witness my hand and official seal.
*17 Public
CITY ENGINEER APPROVAL
City Engineer for the City of
Aspen, Colorado, do hereby approve & plot of
co dominum to be recorded in the
office of the Clerk and Recorder of Pitkin County, Colorado.
Date:
PL4NN/NG DIRECTOR APPROVAL
The Planning Director for the City of Aspen, Colorado, does
hereby approve this insubstantial amendment.
Date:
Surveyor's Certificate:
•
City Engineer
, Planning Director
1, Kenneth R. Wilson, Professional Land Surveyor, do hereby
certify that this plat of was prepared by me and under my
supervision and that the location of the outside boundary, roads
and other features are accurately shown and correctly shown
hereon, that the some are based on field surveys performed under
my supervision and in accordance with Colorado Revised Statutes
197J, lit/e 38, Article 51. l further certify that the error of
closure for the boundary is better than 1:10000.
In witness thereof, / have set my hand and seal this -- day of
1992.
6��-
Kenneth R. Wilson L.S. 15710
Acceptance for Recording:
This plat of is accepted for filing in the office of the Clerk
and Recorder of Pitkin County, Colorado, this _— day of
1992, in Plat Book at Pages _— and
Reception No.
Clerk and Recorder
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SURVEYORS SCHMUESER GORDON MEYER
INC.
BE
RE11ISION DATE
BY
Job
------'-
90246
SURVEYORS
�.71001 GRAND AVENUE, SUITE 2-E
2 1
Labe
Condominiums
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2
GGMLENWOOD SPRINGS COLORADO 81601Dote:
4 dec 91
(303) 945-1004 (FAX.) 945-5948
SCHMUSER
GORDON MEER ASPEN, COLOADO (303) 925-6727
APPr. by.-
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Fi/e: 212/oke dsc 15