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Home My WebLink Aboutcoa.lu.co.Englander/Speck 312 N Riverside Ave.A2-94Englander/Speck Condominiumizatio A2-94 2737-181-00-073 C Al FA MJr Givr-itmIN rl-H utrvnvl7 Vr r,l.L 130 South Galena Strout n /� 1 4 Aspr►n, Colorado,811 / (303) 920.5090 I!/�L. C�/J /�� iND USE APPLICATION FEES � � _ D - / � TY: -63250-134 GMP/Conceptual -63270-136 GMP/Final - 3280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits STORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Dove[. -63338-154 Sigrid. Dove[. -63339-155 Demolition )U NTY: -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 -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check 7ERRAL FEES: -63360-143 Engineering - County 115-63340-163 Engineering - City- 123-63340-190 Housing 125-63340-205 Environmental Health — ANNING OEFICE SALES: -63080.122 County Code -69000-145 Other (Copy Fees) TOTAL t�—�` �� rtw: � � Z-f�/ J Phone: Project �oi9 • 0 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 01/13/94 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-181 00-073 A2 -94 STAFF MEMBER:— ML PROJECT NAME: Englander/Speck Condominiumization Project Address: 312-314 Riverside Avenue Legal Address: Lots 2,3,4, &5, Block 6 Riverside Addition APPLICANT: Alan S. Enalander and Karen Speck Applicant Address: REPRESENTATIVE: Brooke Peterson Representative Address/Phone: 315 E. Hyman - 925-8166 Aspen, CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 215.00 # APPS RECEIVED 2 ENGINEER $ 242.00 # PLATS RECEIVED 2 HOUSING $ ENV. HEALTH $ TOTAL $ i � i hQ TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: INITIAL:,e-4.) City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: • • MEMORANDUM TO: Diane Moore, City Planning Director FROM: Mary Lackner, Planner RE: Englander/Speck Condominiumization of the Pine River Townhomes DATE: January 19, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: Karen Speck and Alan S. Englander, represented by Brooke Peterson, have submitted a request to condominiumize the Pine River Townhomes which are located on Lots 2, 3, 4 and 5, Block 6 Riverside Addition to the City and Townsite of Aspen. The Pine River Townhomes contain two dwelling units. CODE REQUIREMENTS: According to Ordinance 53, 1993, the Planning Director may approve a condominiumization plat which complies with the requirements of Section 24-7-1007 of the Aspen Municipal Code. Planning staff and the City Engineer have reviewed the applicant's request and find that it complies with the requirements of this provision of the land use code. Staff does not find it necessary for the Planning Director to require a Subdivision Exemption Agreement, as there are no outstanding or unique issues with this request. RECOMMENDATION: Staff recommends that the Planning Director approval the applicant's request for condominiumization subject to the following condition of approval: 1. The applicant shall record the subdivision exemption plat for condominiumization within 180 days from the date of this Planning Director approval. Failure on the part of the applicant to record the plat within 180 days following approval of the Planning Director shall render the plan invalid and a new application and approval will be required. APPROVED: Di a Moore, City Planning Director apd.condo.pineriver C C BROOKE A. PETERSON I1AU1' MAN Al PETERSON, P.C. TELEPHONE GIDEON I. KAUFMAN * (303) 925-8166 ERIN L. FERNANDEZ " 315 EAST HYMAN AVENUE FACSIMILE ASPEN, COLORADO 81611 (303) 925-1090 ROBYN J. MYLER ALSO ADMITTED IN MARYLAND p �T ALSO ADMITTED IN FLORIDA VIA HAND DELIVERY - ALSO ADMITTED IN NEW YORK AND CONNECT ICUT January 12, 1994 Leslie Lamont The City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Alan S. Englander Revocable Trust/Karin Speck Dear Leslie: As we have previously discussed, please allow this letter to serve as an Application pursuant to Ordinance No. 53 (Series of 1993) for approval of the enclosed condominium plat for the condominiumization of a duplex located at 312 and 314 Riverside Avenue in Aspen, Colorado. Pursuant to Section 24-602 of the Common Procedures Requirements, please be advised of the following: 1. Applicants. The Applicants are the Alan S. Englander Revocable Trust whose address is care of Prescott Investors, 322 Railroad Avenue, Greenwich, Connecticut 06830, and Karin Speck whose address is 312 Riverside Avenue, Aspen, Colorado 81611. Mr. Englander's telephone number is (203) 661-1683, Ext. 2, and Ms. Speck's telephone number is 925-8373. You will find enclosed a letter from Ms. Speck authorizing my representation of her with respect to this matter, as well as a copy of my Power of Attorney from the Alan S. Englander Revocable Trust granting me full authority to deal with this property. 2. Street Address and Legal Description. The street address of the property as stated is 312 and 314 Riverside Avenue, Aspen, Colorado. The legal description is Lots 2, 3, 4 and 5, Block 6, Riverside Addition to the City and Townsite of Aspen. 3. Disclosure of Ownership. Please allow this letter to serve as a disclosure of ownership based upon my examination of the records of Pitkin County, Colorado as an attorney licensed to practice law in the State of Colorado that the names of the owners of the property are as stated above and that presently, the only mortgage on the property is for the benefit of the Aspen Savings & Loan Association encumbering Ms. Speck's interest in the property which loan is secured by a Deed of Trust recorded in Book 321 at Page 852 of the records of Pitkin County, Colorado. At present, • Leslie Lamont January 12, 1994 Page 2 the Englander property is under contract for sale to Robin Duboc. Upon the closing of the sale to Ms. Duboc, the Englander Trust will pay off Ms. Speck's loan and become her lender. 4. Vicinity Map. You will find enclosed an 82" by 11" vicinity map locating the subject parcel within the City of Aspen. 5. Written Description. We propose to condominiumize an existing duplex in order to facilitate its ownership by both parties. Pursuant to Ordinance 53 (Series of 1993), it is believed that the application and plats presented herewith are the appropri- ate information required pursuant to that ordinance. We would ask for approval of the condominium plat by the Planning Director. You will also find enclosed the fee of $300.00 to cover this application. Should you need any further information, please do not hesitate to contact me. Since the sale of the Englander portion of the property is scheduled to close on January 20, 1994, your immediate attention to this matter would be appreciated. Thank you very much. Very truly yours, KAUF ET O P.C. A P ofess'on Corp ration c BAP/ljn Enclosures cc: Alan S. Englander Revocable Trust Richard Wagar Robert W. Hughes, Esq. Karin Speck letters\Lamont okd Al Teterson 1,AW(* ICESOI: BROOKE A. PETERSON KAU NIAN & PETERSON, P.C. GIDEON I. KAUFMAN = ERIN L. FERNANDEZ °' 315 EAST HYMAN AVENUE ASPEN. COLORADO 81611 ROBYN J. MYLER ALSO ADMITTED IN MARYLAND ALSO ADMITTED IN FLORIDA - ALSO ADMITTED IN NEW YORK AND CONNECT ICUT VIA HAND DELIVERY January 13, 1994 Leslie Lamont The City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Alan S. Englander Revocable Trust/Karin Speck Dear Leslie: TELEPHONE (303) 925.8166 FACSIMILE (303)925.1090 Enclosed please find Check No. 8219 in the amount of $157.00 to cover the additional cost of the condominiumization regarding the above -referenced matter which was hand delivered to your office late yesterday afternoon. Should you have any questions, please do not hesitate to contact us. Very truly yours, KAUFMAN & PETERSON, P.C. A Professional Corporation By: Lisa J. ardi, Legal Assistant ljn Enclosure letters\Lamont.Ljn 0 December 3, 1993 TO WHOM IT MAY CONCERN: I, Karin Speck, of 312 Riverside Avenue, Aspen, Colorado 81611, whose telephone number is (303) 925-8373, hereby agree that as the owner of the undivided one-half interest in Lots 2, 3, 4 and 5, Block 6, Riverside Addition to the City and Townsite of Aspen, Pitkin, County, Colorado, hereby consent and agree that Brooke A. Peterson, Esq. of Brooke A. Peterson, P.C., 315 East Hyman Avenue, Aspen, Colorado 81611, shall be authorized to act on my behalf with respect to the condominiumization of the improvements located on the above -referenced real property pursuant to the procedures within the City of Aspen. Yours very truly, Karin Speck letters\speck • • POWER Or ArrORNEY (REAL ESTME) KNOW ALL MEN BY THESE PRESENTS, that I, Alan S. Englander as Trustee of the Alan S. Englander Revocable Trust of the County of Pitkin , State of Colorado do make, constitute and appoint Brooke A. Peterson County of Pitkin . State of Colorado , of the , to act as my true and lawful attorney for me and in my name, place and stead for my sole use and benefit to grant, bargain, sell, convey, purchase, encumber or contract for the sale or purchase of the following described real estate situate in the County of Pitkin , State of Colorado , to wit: An undivided one—half (1/2) interest in;and to Lots 2, 3, 4 and 5, Block 6, Riverside Addition to the City and Townsite of Aspen, Pitkin County, Colorado together with an exclusive right to use the North apartment unit contained in the building located thereon as defined and described in the Declaration of Restrictions appearing in Book 312 at Page 685, County of Pitkin, State of Colorado. My said attorney -in -fact is hereby authorized and empowered to collect such monies as may become due from the sale, and to make, execute, acknowledge and deliver contracts for sale, deeds, Deeds of Trust, and other instruments in writing of every kind and nature, including, but not limited to, the sale and loan closing documents and statements, upon such terns and conditions as my said attorney may deem necessary and convenient to accomplish such sale or conveyance of said real estate. My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete a sale or conveyance of said real estate, with full power of revocation, hereby ratifying and confinning all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers contained herein. *This Power of Attorney shall not be affected by disability of the principal. *This Power of Attorney shall become effective upon the disability of the principal. *This Power of Attorney shall automatically expire by its own terns upon completion of the limited purpose set forth above. EXECUTED this _2 4 th day of August , 19 ) -I . ' COLORADO c s.CWJtVr FPLTKIN PRINC L ss. rr' nThei&( rng instrument was acknowledged before me this nglander., Trustee of th �'.,..,. 'I"Revocable Trust lJ��'�rl�ilnl11111��, Witness my hand and official seal. n My commission expires: *Strike either or both according to fact. 24th day of August , the Principal. No. 34R. Rey'. 6.86. POWER OF ATTORNEY MEAL ESTATE) Dradfod Pubh%hing.5W W. 6th A%C.. Lakewood. Co 9o.14—(3031 231.6900 4.97 !'1 O z STATE OF ss. County of Being of lawful age, the undersigned hereby affirms that on the day of , 19 (s)he had no knowledge of the revocation or termination of the Power of Attorney by death, disability or incompetence of the principal.* *Strike where applicable according to fact. by Subscribed and sworn on before me this My commission expires Witness my band and official seal. COLORADO REVISED STATUTES day of ,19 Noruy Public , 19 15-14-501. When power of attorney not affected by disability. (1) Whenever a principal designates another his attorney -in -fact or agent by a Power of attorney in writing and the writing contains the words "This power of attorney shall not be affected by disability of the principal." or"This power of attorney shall become effective upon the disability of the principal." or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding his disability, the authority of the attomey-in-fact or agent is exercisable by him as provided in the Power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty as to whether the principal is dead or alive. The authority of the attomey-in-fact or agent to act on behalf of the principal shall be set forth in the power and may relate to any act, power, duty, right, or obligation which the principal has or after acquires relating to the principal or any matter, transaction, or property, real or personal, tangible or intangible, including by way of illustration but not limitation, the power to consent to or approve on behalf of the principal any medical or other professional care, counsel, treatment, or service of or to the principal by a licensed or certified professional person or institution engaged in the practice of, or providing, a healing art. The attorney -in -fact or agent, however, is subject to the same limitations imposed upon court -appointed guardians contained in section 15-14-312(I)(a). All acts done by the attomey-in-fact or agent pursuant to the power during any period of disability or incompetence or uncertainty as to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his heirs, devisees, and personal representatives as if the principal were alive, competent, and not disabled. If a guardian or conservator thereafter is appointed for the principal, the attorney -in -fact or agent, during the continuance of the appointment, shall consult with the guardian on matters concerning the principal's personal care or account to the conservator on matters concerning the principal's financial affairs. The conservator has the same power the principal would have had if he were not disabled or incompetent to revoke, suspend, or terminate all or any part of the powerof attorney or agency as it relates to financial matters. Subject to any limitation or restriction of the guardian's powers or duties set forth in the order of appointment and endorsed on the letters of guardianship, a guardian has the same power ro revoke, suspend, or terminate all or any part of the power of attorney or agency as it relates to matters concerning the principal's personal care that the principal would have had if the principal were not disabled or incompetent. (2) An affidavit, executed by the altomey-in-fact or agent, staling that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the termination of the power of attorney by death is, in the absence of fraud, conclusive proof of the nontennination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable, 15-14.502. Other powers of attorney not revoked until notice of death or disability. (I) The death, disability, or incompetence of any principal who has executed a power of altomey in writing, other than a power as described by section 15-14-501, does not revoke or terminate the agency as to the attomey-in-fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees, and personal representatives. (2) An affidavit, executed by the attorney -in -fact or agent, slating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable, (4) All powers of attorney executed for real estate and other purposes, pursuant to law, shall be deemed valid until revoked as provided in the terms of the power of attorney or as provided by law. W a 0 rF"'t f3, O W J c) a G � to I vi 1_ 41 I V) u o o v 0 C I Y p d .o 11, O >� VO V C O fl-I L E O y L. O �. .1 U V O U - V) >. ,L y .. °' w � z i a E • 3 v cn M LZ sr p A tvV A s .., !.-Coop OP A v DURA/Vr A A V vof LLJ C) RIVERSIDE A --ffeinily flap Sal Ld NO Site AUCE LN 0 0