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Home My WebLink Aboutlanduse case.AP.212 Lake Ave.A17-92 r-, ~ CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: DATE COMPLETE:, 3 702~12 -; L C{~) I "'\. PARCEL ID AND CASE 2735-124-89-002 STAFF MEMBER: NO. A17-92 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. Fl REPRESENTATIVE: Jane Ellen Hamilton. Representative Address/Phone: 601 E. Aspen. Garfield & Hecht Hvman Avenue CO 81611 925-1936 -------------------------------------------------------------- -------------------------------------------------------------- PAID: (YES) NO AMOUNT: $290 TYPE OF APPLICATION: 1 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO planning Director Approval: , Insubstantial Amendment or Exemption: /' Paid: Date: --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: city Attorney />::: city Engineer Housing Dir. Aspen Water city Electric Envir.Hlth. Aspen Con.S.D. Mtn Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center Ci ~~ " DATE REFERRED: ,52,-4- lr-- .2,L~;<,10v INITIALS: iEXu ;~~~~=;;;;~~~7================;~;;=;;;;;;7:rr~\q3===~~~;~~~7~= ___ city Atty ___ City Engineer ~Zoning ___Env. Health ___ Housing Other: School District Rocky Mtn NatGas State HwyDept{GW) State HwyDept{GJ) Other FILE STATUS AND LOCATION: ~ ,"""\ - ,of" MEMORANDUM FROM: Bill Drueding, Zoning Officer Leslie Lamont, Planner Lewis Insubstantial Plat Amendment TO: RE: DATE: May 12, 1992 =================~=================~~===~===-~~~~-~~====~=~~== SUMMARY: The applicant seeks to" amend'j;.f}eU2 ,LakeA'II'enUe Condominiums Subdivision Plat to ria€lectminor 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 "tJ<a aut:lrori&ed by the .p.la.nning Director for any minor change which.t1;}e j?lannc],J'l!3'J'irector fil'1iss has no effect on the conditions, and:t'epr~sen.iCa:M,ons limit:iJ\1lqj the approved plat. .' The applicant recently remodeledpi;lict B.The addition ,of a deck and window dormers altered theplit'tte<l..utotprint of tlreupit. Changes to the interior stairwayatrli<han:litav~actually eliminated approximately 100 square feet. Tlre~W9.'W;indow dormerst:hat were added did not increase th~ fl0or.;a.~~a'.flf.t'i,~,unit because 1!:;hey were in the original floor area~~~t w,hen the structure was condominiumized. ~ REFERRAL COMMENTS: Having reviewed the above referenced application, and hav,ing made a site inspection, the engineering department has therQllowing 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 'oo,t being lost, nor.a<ll<<Slitional parking required, as a result of the changes. 2. The plat must contain a general note that refer>e;nces the original plat book and page and that explains the cha~es being made by the amendment. The &one 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 indicate that all easements of record of Title Policy No. dated , have been shown on the plat. must , 6. Given development as follows: the continuous problems of unapproved work and in public rights-of-way, we would advise the applicant 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: reflecting the conditions: staff recommends approval of the plat amendment alterations in the footprint with the following 1. The amendment shall indicate the parking associated with B in order to confirm that parking is not being lost, additional parking required, as a result of the changes. unit nor 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 LeE 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, 2 ~ !""'\ it shall be indicated on the' plat with the license agreement recording information. 5. Ei ther 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 afuendment to Unit B of 212 Lake Avenue Condominiums SUbdivision Plat pursuant to section 24-7-1006 ~ Municipal Code. ONJ!) tnMlQ / Di. Moore, city pTanning Director 3 r-., ,r-. MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, City Engineer ~ 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. AIl 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, i"""" ,,,",,,,,, 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 ,-,., ~ GAJRfmlD Be HECHT, r.c. RONALD GARFIELD' ANDREW V. HECHT" ROBERT E. KENDIG MICHAEL J. HERRON*** ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 JANE ELLEN HAMILTON ~ ~ *alsoadmiltedto . New York Bar ."alsoadmittedto District of Columbia Bar .""'al$O admitted to Florida Bar September 21, 1992 SEP 2 2 \992 !,;\~I. HAND DELIVERY 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, JEH/bc Enclosures P.C. cc: Jonathan Lewis ~, ,-, ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: FROM: City Engineer Leslie Lamont, Planning Office Lewis Insubstantial Amendment Parcel ID No. 2735-124-89-002 March 4, 199 RE: DATE: 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. .,......, ,-" GARfHJE1D & HIECHT, P.C. RONALD GARFIELD' ANDREW V. HECHT" ROBERT E. KENDIG MICHAEL J. HERRON*** ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN A VENUE ASPEN, COLORADO 81611 TELEPHONE (303) 925-1936 TELECOPIER ~______(303) 9~-3~8 I r""\ '''~-'-<~:'''' ",'"',,-. ,';~~:-:: ;':~ JANE ELLEN HAMILTON CATHERINE H_ McMAHON**** '"also admitted to New Yorio:. Bar ualsoadmittedlo District of Columbia Bar ...ualsoadmiltedto Florida Bar "'''''''*alsoadmittedto Illinois Bar March 2, 1992 ! MAA - 2 1992 I!. '. .' "./] f" !CU\ 11_' I..":.~,~.~..~, L<CD.~~~3-C:O~ HAND DELIVERY Leslie Lamont Aspen/pitkin Planning Office 130 South Galena Aspen, Colorado 81611 Re: Insubstantial Plat Amendment Dear Leslie: 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 apologi&e 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 &: !lIIECHT, 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. ~ 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 authori&ed 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 condominiumi&ed. 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.1ua /' "...... ,"""" 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 authori&e 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. ~ ~onathan . Lewis Address: 7. Ii 7 7 Jt{cFo~/on.. IJ",J. -It -'01- r.ncrJlI.). GN>IIP J t:L. ?3 <<3 Phone: (!(5) IflJr-69<a, ./ jeh\ms\lewis.con JtllliU:l!MIl'Il' 1- '~ U\ND USE APPLICATIaf RRf i <~ ,',~;tf,_:j;I' ! ,.f 1), 2) Project Name, 212 il' Lake Avehue CondomfhilDll "',;;1;', ',-'!.,-,,,:. Project Location 212 lak~ Avenue. Unit B',Asoen. Colorado 81611 .""iI .i:)':":~" "'~:":~-~~.)'r: (:imi.cate ..w.drt. al4 fi', lot & block 1'11.........., legal descr.ipl:i.an where c.tWLUJ:'Llat:e) 3) P.r:!S_t\.. ZaniD:J R-6 4) I.pt: size Appro",. 6000 sq. , ft. 5) 19;>licant's Name, 'A1l:L - & lba1e# Jonathan D. Lewis, 2977 McFarlane"Road, .' ',- ' 1/302, Coconut Grove, Florida 33133 "(305)' 448-6942 ' '/ri:' 6) ~:s d.ative's Name,.lIdh. & lba1e' Jane Ellen Hamilton, Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, Colorado 81611 (303) 925-1936 7) .~ of 19;>licatian (pleased1edk all ,that awlY):. ,', '. X Insubstantial Plat "Amendment _ Ca:xtltianal Use _ CtD:lepblal SPA ~ CtD:lepblal Hist:aric Dev. _ ~f"'l Review Final Sm. _ ~ ,H:ist:oric Dev. 8040 Greenline _ Sl.l=uu Margin ~ CtD:lepblal roo ' Final roo _ H:ba: Historic "Dev'. ' _ Ibmtain view Plane _ SUbli:viskn _~an _ Text;IMap AadeJ.d....t\.. _ Historic DalDlitian ~ Hist:ari.c Designatia'i _ ~,Al1uLu.".d; _ rot Split;lIot Line _ ~. Exa1pt:ian .Mjl=~Jt 8) Descr.iptian of Exist::in;J Uses(ra""""" am type of existin]' st:roctm:es; awrox:imate sq. ft.; p""""" of Le.A~; any p:evi.oos awrcvals gtaDt:ed to the lJL~Ly) . _ Vested Rights single family home/duplex 9) Descr.iptian of Devel~d; 19;>licatian Insubstantial Plat Amendment to reflect minor changes to condominium footprint 10) Have yaI atiaciJed the followinJ? _ ResporlSe to Attad....,..t\.. 2, MinimJm Sn~i....ian O:ntent:s RespoIlse to Attad"""'lL 3, SpeCific Snhni....ian o:..ll=1ts Respa1se to Attadme.d; 4, Review st:andaJXIs for Your 19;>licatian Vincent J. Higens President ~ ~ PITKIN COUNTY TITLE, INC. 60l EAST HOPKINS, 3RD FLOOR ASPEN, COLORADO 8l6ll 303-925-1766 : 303-925-6527 FAX Christina Davis 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. BY: ignature CERTIFIED TO: JA UARY 2, 1992 @ 8:00 A.M. ORDER NO. 92-629 1 ,", ,\;,~~ ;, ~ ','..itl'll ~t:~%1':l,;f ~i'~~~""" ,,~f": :". ~';.fs1Wi,/:,. .\.t~,~ i~''''''''' "~' j,-<. ":,,,:~, :.. ...~.~r, '~~'Ir. '.~I~\~~~ ' "{~l.",):~'..,~ /_.",' ,,~.o.:,.; ~rt,;I',,'.~,f ;'~~4\:;::~ti?}.' i'~~~ ~',' ,:~ ,_"t ; :1~: '(. it '!\,,\.: i " ~ ~,'" ' \,\)1k.:q.;;':,- v \,->>;"",,,S ';'~~,~'~t~::'~:','" , ,1\t~-;1 i;> ~ ,~~'~ - ~ ;~,;/i,iOt.;I~~ ~ "-'J"""'~ ""A4J';\ \,(',"lIy" J,i'" .. " "f .!""f~,:'" , 1': ',t .." .. ?i\i.~';'i~" . 'j""""'" i:;~ti':. t~.. ,.: f,;!'~ ,t~, ,'-""""', " :;{.~:~'t::':~~~~;'>I': ;;<" A.O';lt..::~) .Mil f~fl,1{~" " ___ Me. ., ~ I., ~~< . ; , ' " .,t"..." ".... . " ." ~"'''' "-" .. ,1;11:'5' " ... "'I!I~ 1HISDEID._.... 13t~...,ot September i o ilC. \ ! fi Ili It~O._ Henry J. Peder"" ./ I '" ~ "'... .c_,~ PI~'ln ..,' .....I'~: . 'j' (\>IaoooIo,_... Peter B. Lewlt Ind Jonathln D.Lewh ',' S il as J01n~ tenants ,i) I' ' :il t ~ 0'1 ',;',:" . ':,' . ~ ~'_....._. 4649 Ponce De Leon Blvd., Ste. 304.Corll Blblas. fL ~314S P ti' "'... \. c~'" 1lI~' .._J~'!<<..- ,'I ~ "",1 ~n."'_"'''i1' I' ....."'..._'" Ten 00ll1rs ($10.00) and other good "~ ... ~~ and valuable eons1der.tton-----...-.._._________._.........__.___...___~. l . c: ~L ............-,"'-.~.....,.....-.....-............,..,lIIOIbJ__.................. . 0 l!f.....,..--..._Alllllllloll__........_................~ w.~_,""""''''''''i1'' I : IS' ~ Conalnl:::I:~. 2:lC:I:v~ue Con:l::::':C=:9~ " ~ ~11Ii~.,l\ol, II : r.ege ..~;~~~r::::"toOc:~~~~~.~ic:or:~I~~ '., , i o Ra thereof recol'llecl OctolItr27.1Hl, in Book 416 at Plge510,,' I. . i If ~ \;,. , .:....~:;.il! ,:7 . I' I~ ",."V \; "i :: 212 Like Avenue. Unit 'B, Aspen. CO 81611 :" .' "', ': -,;; , ':_I'"j " ",.....--...............'11. __..~_ ' ..................,......-- ". ............ 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Pedersen Ii .., .... - &- 2$ I' ,I Ii It ...._--00,..-, ., " },. 13th "'of Septetllber ...ct 7-..,......._.... c;;.-A',; 7-\IL:- ~. -- ~ 'I II