HomeMy WebLinkAboutLanduse Case.CO.109 E Hyman Ave.33A-89
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 4{20/89
DATE COMPLETE: '-l. -"-'\ll"'\
PARCEL ID AND CASE NO.
2735-124-71-002 33A-89
STAFF MEMBER: '-u. '- '-'-
PROJECT NAME:
Project Address:
Legal Address:
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CENTRAL VIEW COlHlOMINHIM CONDOMINIUMIZATION
107-109 EAST HYMAN AVENUE
LOTS C & D. BLOCK 69
APPLICANT: FRANK ROSS - ASPEN CUSTOM BUILDERS
Applicant Address: 400 WEST MAIN STREET - SUITE 205 - ASPEN
REPRESENTATIVE: CATHERINE H. MC MAHON - GARFIELD & HECHT
Representative Address/Phone: 601 EAST HYMAN AVE ASPEN
(303) 925-1936
PAID: YES NO AMOUNT: $830.00 NO. OF COPIES RECEIVED: 3
TYPE OF APPLICATION:
v
2 STEP:
1 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
VESTED RIGHTS:
YES
NO
CC Meeting. Date MP<,-,\ 'a-ci PUBLIC HEARING: YES~)
VESTED RIGHTS: YES ~
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
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REFERRALS :
City Attorney
v, City Engineer
v Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
Other
0/3/n
INITIALS:
If?
DATE REFERRED:
==============================-------===~=====================
FINAL ROUTING: DATE ROUTED: Sf:J 5'/ J> 'j INITIAL: r/}"p
~ity Atty ./ City Engj.neer - Zoning Env. Health t
_ Housing v Other: *"~"" ~,e.. ", +otoKr,{" I\.D~G'\.-f€,e,
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FILE STATUS AND LOCATION: .;!-1 .A'./ p /
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MEMORANDUM
TO:
city Engineer
Housing Director
FROM:
Leslie Lamont
RE:
Central View Towmhomes condominiumization
DATE:
May 3, 1989
==.=============================================================
Attached
requesting
East Hyman
for your review
condominiumization
Avenue.
and comments is an application
of the townhomes located at 107-109
Please review this application and return your comments no later
than May 12, 1989. Thank you.
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BDOIC 5~ PAGE640
Recorded at
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Reception No.
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RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Catherine H. McMahon
Garfield & Hecht, P.C. -
601 East Hyman Avenue
Aspen, Co. 8l6l1
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STATEMENT OF SUBDIVISION EXEMPTION
FOR
CENTRAL VIEW TOWNHOMES CONDOMINIUMS
WHEREAS, Frank Ross and Ric:hard D. Lewis (".Applicant")
are the owners of a parcel of real property in the City of Aspen,
Pitkin County, Colorado, described as follows:
f',
Lots C and D, Block 69,
city and Townsite of Aspen,
County of Pitkin,
State of Colorado,
....~'.
and
WHEREAS, the foregoing real property contains an approved
duplex building; and
WHEREAS, Applicant has requested a subdivision exemption
for condominiumization of the existing duplex on the subject
property to be known as Central View Townhomes Condominiums; and
WHEREAS, the City Council determined at its regular
meeting held on May 22, 1989, that such exemption was apprppriate
and granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the city Council of Aspen, Colorado, does
hereby determine that the application for subdivision exemption for
condominiumization of the above-described property is proper and
hereby grants an exemption from the full subdivision process for
such condominiumization.
PROVIDED, HOWEVER, that the foregoing exemption is
expressly conditioned upon (1) The Applicant's recording with the
Pitkin County Clerk & Recorder contemporaneously herewith, that
certain "Declaration of covenants, Restrictions and Conditions for
Central View Townhomes Condominiums" dated May _' 1989 attached
hereto, and (2) The Applicant's strict compliance with the
restrictions contained therein and all representations set forth
in the Development Application submitted and the binding conditions
of approval on this matter set by the Planning and Zoning
commission and the City Council, for itself, its successors and
assigns.
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80011 593 PAGE641
DATED this ~ day of May, 1989.
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ity Attorney
I, Kathryn S. Koch, do certify that the foregoing
statement of Subdivision Exemption for condominiumization of
Central view Townhomes Condominiums was considered and approved by
the Aspen City Council at its regular meeting held May 22, 1989,
at which time the Mayor was authorized to execute the same on
behalf of the city of Aspen.
~~h v-7L) Jd~
Kathryn SJ!KOCh, City Clerk
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DECLARATION OF COVENANTS,
RESTRICTIONS AND CONDITIONS
FOR
CENTRAL VIEW TOWNHOMES CONDOMINIUMS
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BOOK 593 PAGE675
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Frank Ross and Richard D. Lewis ("Covenantor"), for
themselves, their heirs, executors, administrators and assigns, in
consideration of the granting of a Subdivision Exemption for the
condominiumization of the following described property, hereby
covenant with the city of Aspen, Pitkin County, Colorado, to
restrict such property, and hereby do restrict such property, as
follows:
1. Covenantor is the owner of the following described
property (the "Property") together with the improvements situated
thereon in the City of Aspen, county of Pitkin, state of Colorado:
Lots C and D, Block 69,
City and Townsite of Aspen,
County of Pitkin,
state of Colorado
Hereafter, Unit 107 and Unit 109, Central View Townhomes
Condominiums, City of Aspen, Pitkin County, Colorado, as shown on
the Condominium Map recorded in Plat Book ~ at Page Sd" and
subject to the terms, conditions and obligations of the Condominium
Declaration for Central View Townhomes Condominiums recorded in
Book~ at page~, also described as 107-109 Hyman Avenue,
Aspen, Colorado 81611. (Q-t~\'[,,\ :5ilqL\'-t
2. The existing two units comprising Central View
Townhomes Condominiums shall be and are hereby restricted to six
(6) month minimum leases with no more than, two (2) shorter
tenancies per calendar year, pursuant to Section 7-1008(A) (l) (b) (1)
of the Aspen Municipal Code, as amended. '
3. Covenantor further agrees to join, upon the City'S
demand, any improvement district formed for construction of
improvements, including, without limitation, drainage, underground
utilities, paving, curbs, gutters, sidewalks, street lights, etc.,
in the area of Central View Townhomes Condominiums or to reimburse
the City of Aspen directly upon demand if the city should choose
to construct these improvements without the formation of such a
district.
4. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument signed
by the record owners of the Property and Mayor of the City of Aspen
pursuant to a vote taken by the City Council.
5. The covenants contained herein shall run with the
land and shall be binding upon all parties having any right, title
or interest in the property or any part thereof and their heirs,
representatives, successors and assigns, for the period of the life
of the longest-lived member of the presently-constituted Aspen City
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BDDIt tJJ3 PAGE676
council plus twenty one (21) years, or for a period of fifty (50)
years from the date these covenants are recorded, whichever is
less.
6. The covenants contained herein shall not be released
or waived in any respect during the period they arebin,ding without
the prior written consent of the City of Aspen 'reflected by
resolution of the City Council of the City of Aspen.
7. In any legal proceeding to enforce the'provisions
of these covenants, restrictions and conditions, the prevailing
party shall be entitled to recover its fees and costs incurred
thereby, including its reasonable attorneys' fees and expert
witness fees.
IN ~Il~SS WHEREOF, this
uted this~day of May, 1989.
~
Ross Richard
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
been duly
~ The foregoing Declaration was acknowledged before me this
31 - day of May, 1989 by Frank Ross.
WITNESS my hand and official seal.
My commission expires:
,..'!OY S. HI98nsINota ,,", .
'~I Commi<I8JOI\ ~r~blIC
A.'lp~ e..t HOPkins 4/22/90,
, Colorado S1811
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
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':;,\ The foregoing Declaration was acknowledged before me this
~\ -day of May, 1989 by Richard D. Lewis.
WITNESS my hand and official seal.
My commission expires:
..,'!OY S. Hlgans/Notary P\lblic
-I Commission expires 4122190
601 East Hopkins .
lisp"". OoI01ado 81611
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On May 22 , 1989, the
condominiumization at
following conditions:
1. Prior to submission of a final plat an Affordable Housing
Impact fee of $16,100.00 shall be paid to the Finance Director.
City Council approved the Central
107-109 East Hyman Avenue with
view
the
2. The submission of a final plat must meet the requirements of
Section 24.7-1004.0.1.(3) (plat contents) of the municipal code.
4. The surveyor's certificate must state that all easements
record as documented by title policy number ,dated
have been indicated on the plat. ----
5. The applicant shall, prior to recording the plat, submit a
statement of subdivision exemption in a form acceptable to the
city Attorney that:
a. the applicant will join any improvement district that is
formed; and
b. the property is subject to a six month minimum lease
agreement for both units.
of
,
6. A registered civil engineer should be required to certify in
a letter that the project is in compliance with Storm Drainage
Design standards, page 7-73, Section 24.7-1004.C.4(f) of the
municipal code.
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7. The requirement of one parking space per bedroom with the
dimensions of 8 1/2 feet wide by 18 feet long by 7 feet high (in
the garage) is required and shall be indicated on the final plat.
ljl/central view
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A.'l.'m.alMENr 1
,~ USE APPLICATION FURM
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1)
Project NaIIe
Central View ':f;'OIoII1hqnes Condominiums
.,
2) Project IDeation 107-09 East Hyman Avenue, Aspen, Colorado; Lots C & D,
Block 69, city and TOWnsite of Aspen
(in:licate street adkess, lot &. block nuni:ler, legal description wham "
aWLupLiate)
3) Present Zoning
R/MF
4) rot size 6, 000 square feet
5) Applicant's Nane, l\ddress & Ihone II Frank Ross, Aspen Custan Builders, 400
WP!';t- Mclin Street. Suite 205. Aspen, COlorado
6) Representative's Nane, l\ddress & ItIOne II Catherine H. McMahon, Garfield &
Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado
7) Type of Application (please check all tJ:Iat awly):
eonlitional Use
_ Conceptual Historic Dev.
_ Conceptual Sl;'A
Final SPA
Final Historic Dev.
_ Special Review
8040 Greenline
,\
_ Conceptual fUO
Final roo
_ Historic O::!.ovlition
Minor Historic Dev.
_ stream Margin
Mountain view Plane
.
SUbdivision .
_ Historic Designation
..:lL C'onicminiumization _ TextjMap 1IIneJ:x3ment
_ rot Split;IDt ~
Mjustnen:t
8) Description of, Exi.stinJ Uses (ru1llh>.r arrl t;ype of exist.irg" st:rucb.n:es;
awroximate sq. ft.; ro1llh>r of t....h.UUJJ:>; any previous awrovals granted to the
property) .
_ GH;JS Alloboo.nt
--'- GH;JS ExE!Ilptian,
The newly constructed ~story duplex building contains two three-bedrocm
units totalling approximately 5,200 square feet, including the garage areas.
9) Description of nNel..pueul.Application
The applicant seeks a suJ:x1ivision exemption for the condominiumization of
the two-story duplex building.
10) Have you attad1ed the followin]?
X Response to Attachment 2, MiniJIJJII1 sllhni=ion O::ntents
---'L- Response to Attadwd.t 3, Specific Snhni=ion O::ntents
---'L- Response to Attad=lt 4, Review standards f= Your lIfplication
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April 19, 1989
Aspen Planning & Zoning
commission Members
130 South Galena Street
Aspen, Colorado 81611
RE: Development Application for Subdivision Exemption for
condominiumization of Central View Townhomes
Dear Commission Members:
Enclosed are three (3) copies of
Development Application together with
$830.00 to cover the processing fee.
address is:
the above-captioned
a check in the amount of
The applicant's name and
Frank Ross
Aspen Club Builders
400 West Main Street, suite 205
Aspen, Colorado 81611
920-3504
The applicant's representative authorized to act on his behalf
is:
Catherine H. McMahon
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado
925-1936
Please schedule the Development Application on the city
Counsel's agenda on the earliest possible date.
:~:;e::
k Ross
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STREET ADDRESS
Central view Townhomes
107-09 East Hyman Avenue
Aspen, Colorado 81611
LEGAL DESCRIPTION
Lots C and D, Block 69,
City and Townsite of Aspen,
County of Pitkin, State of Colorado.
"
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PITKIN COUNTY TITLE, Inc.
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Vincent J, Higens
President
Tille Insurance Company
601 E. Hopkins, Aspen, Colorado 81611
(303) 925-1766 . (303) 925-6527 FAX
Christina M, Davis
Vice President
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MEMORANDUM OF OWNERSHIP
ACCOMMODATION-NO LIABILITY
For the sole use of:
FRANK ROSS AND RICHARD D. LEWIS
Please direct correspondence
to: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
DESCRIPTION OF PROPERTY:
LOTS C AND D, BLOCK 69, CITY AND TOWNSITE OF ASPEN.
COUNTY OF PITKIN, STATE OF COLORADO,
GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP:
FRANK ROSS. AS TO AN UNDIVIDED 75/435 INTEREST AND
RICHARD D. LEWIS. AS TO AN UNDIVIDED 360/435 INTEREST,
AS TENANTS IN COMMON
TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED:
DEED OF TRUST BOOK 570 AT PAGE 79
DEED OF TRUST ---- BOOK 588 AT PAGE 550
LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED:
NONE
EXCEPTIONS TO TITLE:
RESERVATIONS AND EXCEPTIONS AS CONTAINED IN DEED FROM THE CITY OF ASPEN
RECORDED IN BOOK 59 AT PAGE 334 AS YOLLOWS: "PROVIDED, THAT NO TITLE
SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OF
COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING
LAWS."
THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS
AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT
INDICIE., WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH
PURPORT TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER
GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE. OPINION OF
TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE
AMOUNT OF OUR FEES.
DATE: 3 }J31S9
TITLE, INC.
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1""'\ CITY OF ASPEN ~
PRE-APPLICATION CONFERENCE SUMMAkL
PROJECT: CuJ~, UI"er-0 [0wJ0t"M4-
APPLICANT'S REPRESENTATIVE: '(O.jti.. 11 c... ~ hA
REPRESENTATIVE'S PHONE: ~';(j -I ? j ~' '
OWNER'S NAME: (U()^LhtM-1 /;J..a~ r{), ~
da:k: 3-o2f-9r
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Type of Application:
SUMMARY
(Jvv:k]Al>>1.U.1IN 1.tL 1- i'rJY\.
2. Describe action/type of development being requested:
T~OU-L r2wJtJV!\Mt C~+ W~ COluiwdiu,,- Ill\. ~1 t=
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J tft& M i (' j - (02 U.J;\ ,'to- - j .t'ftJ. Qa.. - !(JO ,/J. k, (g~t 1IpzAa,.'::o..
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Aqent
!~~J !kt(/t;\ '
tvr;iO;JW'
Comments " ,
t'+d/Cf)J) l11rflJ /Q~_-<!f~/600 fl~'+
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4.
Review is:
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5.
Public Hearing:
6.
Number of copies
to sUbmit?7(JJ ~
<1-0-3,
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7.
What fee was applicant requested
8.
Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS:
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Assistant City Engineer C?12
Date: May 15, 1989
Re: Central View Townhomes Condominiumization
This memo is submitted in order to add a condition of approval
for the project.
1. The applicant should convey and indicate on the plat a 4 foot
by 4 foot easement at one of the corners on the alley for
possible future installation of a utility pedestal.
memo_89. 37,
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Assistant City Engineer C~
Date: May l4, 1989
Re: Central View Townhomes Condominiumization
Having reviewed the above referenced application, and having made
a site inspection, the Engineering Department has the following
comments:
l. A final plat must be submitted which meets the reguirements
of Section 24.7-l003.D of the municipal code.
2. The surveyor's certificate must state that all easements of
record as documented by title policy number ___, dated ,
have been indicated on the plat.
3. The applicant should be required to agree to join any
improvement district using the current language from the city
attorney's office.
4. Sidewalk has already been constructed at the site.
5. It does not appear that there will be a storm water runoff
problem due to this project, but a registered civil engineer
should be required to certify in a letter that the project is in
compliance with Section 24.7-1004.C .4(f) of the municipal code.
6. It is not clear from the application if the parking spaces
meet the requirements. The requirement is dimensions of 8 l/2
feet wide by 18 feet long by 7 feet high.
The applicant is indicating use of the driveway in order to
fulfill the number parking spaces required. The driveway is
extremely steep, however the applicant has stated that a snow
melting system has been installed in the driveways which should
preclude unsafe conditions with snow and ice.
cc: Robert Gish
memo_89.34
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MEMORANDUM
TO:
LESLIE LAMONT, PLANNING OFFICE
FROM:
JAMES L. ADAMSKI, HOUSING DIRECTOR
DATE:
MAY 17, 1989
RE:
CENTRAL VIEW TOWNHOMES CONDOMINIUMIZATION
APPLICATION: The applicant seek subdivision exemption for the
condominiumization of a newly constructed two-story duplex building
containing two three-bedroom units
EMPLOYEE HOUSING: The application states that they will satisfy
the employee impact in accordance with the terms of Section 7-1008
(A) 1 (c).
HOUSING AUTHORITY RECOMMENDATION: Approve the application with the
following conditions:
1. Prior to the filing of a final plat, the applicant shall pay
an affordable housing impact fee of $l6,100 ($8,005 for each
unit) .
I"'"
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
May 3, 1989
Catherine McMahon
Garfield & Hecht
601 East Hyman Ave.
Aspen, Colorado 81611
RE: Central View Townhomes Condominiumization
Dear Catherine,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled your application for review by the City Council
on Monday, May 22, 1989 at a meeting to begin at 5:00 P.M. The
Friday before the meeting date, we will call to inform you that a
copy of the memo pertaining to your application is available at
the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
sincerely,
Debbie Skehan
Administrative Assistant