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HomeMy WebLinkAboutcoa.lu.ec.Silverstream Condo Plat.A103-98PN: 2737-182-37005 Case A103-98 Silverstream Condo Plat E 17163 COMMUNITY DEVELOPMENT 130 South Galena St Aspen, Colorado 81 E (970) 920-5090 1041 1042 1043 1046 1163 1205 1190 1071 1072 1073 1074 1075 1076 1077 1078 1006 1302 1481 1383 1383 1468 1268 1164 Land Use: Deoosit City of Aspen NAME:`-, A Vt Y -4 Irt;t NL U-)X L'i0 FL( I ADDRESS/PROJECT: ��02. f'1 •.' tls: PHONE: ,f �l %C%��✓ 1 C `j Cl �c �, CHECK# Z°�1 CASE/PERMIT#: i`? # OF rCOPjES:! DATE: INITIAL: Pp' e .1a 2> )- - 3-9-oor- CASE STATUS SHEET Case No. S, Representative's Name: DO - �..- Representative's Phone: Fax: DATE ACTION OR ACTIVITY 1 p /9 D (��L9,r.0 a P - -_ r PARCEL ID: 2737-182 37005 12/4/98 2 CASE NO A103 88y CASE NAME Silverstream Condo Plat PLNR: PROJ ADD 962 E. Durant Avenue 111WE TYP:j Subdivision Exemption STEPS: OWN/APP Silverstream LLP c/o - Waterfall Hope/307 S C/S/Z: Aspen, CO 81611 REP. Douglas Allen 600 East Hopkins, St C/S/Z- Aspen, CO 81611 925-8800 FEES DUE- 245 (ff) + 110 (a) FEES RC V 355 ®— DATE OF FINAL ACTION: ` 1 5 CITY COUNCIL: I PZ: CLOSED: I?arl BOA: -- DRAC: PLAT SUBMITD ADMINj-P(fe06r �_ r AM 9 6 MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Christopher Bendon, Planner 0) RE: Silverstream Townhomes Condominiumization DATE: December 17, 1998 Doug Allen, representing Silverstream L.L.P., owner, has applied for a subdivision exemption for the condominiumization of the "Silverstream Townhomes," 926 East Durant Avenue. The property is currently developed with a 7 unit multi -family building and associated parking. This property was formerly know as the "Brass Bed Lodge." A change in use application was approved for this property and memorialized in Aspen Planning and the Zoning Resolution 97-5. I have referred this application to the City Engineer and the applicant has responded to the suggested modifications to the draft plat. There are no other proposed improvements to the site, it is a permitted use in the R-MF zone district, and there are no other land use issues involved. The Community Development Director may approve subdivision exemptions pursuant to Section 26.88.070. I am recommending approval of this condominiumization contingent upon final recordation. Approved, contingent upon final recordation of the plat: date: � 7/,Ye lie Ann Woods, Community Development Director Att: P&Z Reso. 97-5 1111111111111111111111111111111111!8111111111111111111 1997 11:53A RION 1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR A G-,vIQS EXEMPTION FOR A CHANGE IN USE AND A SPECIAL REVIEW TO ELIMINATE ONE ON -SITE EMPLOYEE PARKING SPACE FOR THE BRASSBED LODGE LOCATED AT 926 E. DURANT AVE. CITY OF ASPEN Resolution 97-5 (Amended) WHEREAS, The Community Development Department received an application from Silverstream LLP, for a GMQS exemption for a change in use and Special Review Y to eliminate one on -site employee parking space for the Brassbed Lodge located at 926 E. Durant Ave., more particularly described in Exhibit A attached and made part of this resolution; and, WHEREAS, Pursuant to Section 26.100.050 C. 2. a. of the Aspen Municipal Code, a GMQS exemption for a change in use may be approved by the Planning and Zoning Commission and pursuant to Section 26.64.040 of the Aspen Municipal Code, parking requirements may be approved by the Planning and Zoning Commission through Special Review; and WHEREAS, the Housing Office. City Engineering, Parks Department, Aspen Consolidated Sanitation District, Environmental Health Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, the above referenced application was legally noticed for a public hearing; and WHEREAS, during the public hearing on February 18, 1997, the Planning and Zoning Commission approved by a 6 to 0 vote the GMQS exemption for a change in use and the Special Review with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission that the GMQS exemption for a change in use and a Special Review to eliminate one on -site employee parking space is hereby approved, subject to the following conditions: 1. That the applicant provide a deed restricted studio unit (approximately 738 s.f.) rather than the three -bedroom dormitory as originally proposed; / 2. That the proposed deed restricted unit be a Category 3, fully deed restricted unit, and V that if approved, a deed restriction be recorded prior to any building permit approval; 3. That any impact fees allocated to this project for the improvements in the Galena Street sewer line be paid in accordance with the District's rules prior to building permit; 111111111111111111111111111 IIIW!11 III1111111111111 403616 06/23/1997 11:53ATION 2 of 3 R 16.00 0 0.00 N 0.00 PITKIN COUNTY CLERK 4. That the applicant be required to meet the runoff design standards of Section 26.88.040 C. 4. f. and that the building permit application include a drainage mitigation plan and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan; 5. That any utility pedestals be placed in easements or have easements provided on the site improvement survey. 6. That the building permit drawings indicate all utility meter locations, and that such meter locations be accessible for reading and not be obstructed by trash storage; 7. That the Environmental Health Dept. receive and approve a fireplace/woodstove application before approval be given for a building permit; 8. That the 10" Cottonwood located on the property be accommodated and that the planned sidewalk either curve around the tree or be moved further east or west and that any sidewalks be at least 5' wide; 9. That any sections of curb and gutter that are in disrepair be replaced prior to issuance of a certificate of occupancy; 10. That the cottonwood trees proposed to be planted in the right-of-way be reduced from nine (9) trees to six (6) trees, approximately 20-25' apart and that the landscape plan be revised accordingly; 11. That the applicant provide an adequate site improvement survey per Section 26.52.030.B.5. This should be submitted prior to the issuance of any building permits; 12. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way; and 13. That all material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its meeting on February 18, 1997. App o Form: Ci Attorney Attest: Planning and Zonin Commission: ie Lothian, Deputy City Clerk Sara Garton, Chairperson Aspen Planning and Zoning Commission Resolution No. 97-5 LEGAL DESCRIPTION: Lots P, Q, R, and S, Block 118, THE CITY and TOWNSITE OF ASPEN, EXHIBIT A TOGETHER WITH a strip of land eighteen feet (18') in width with all points being parallel to and lying Easterly of and adjacent to Lot S in Block 118 in the City of Aspen bounded on the North by the extension Easterly of the Southerly line of the alley running through said Block 118 and bounded on the South by the Northerly line of Durant Avenue, as vacated by Ordinance No. 2 (Series of 1958) of the City Council of the City of Aspen recorded April 8, 1958, in Book 183 at Page 397; 1111111111 HIM 111111111111111 HIM 111111111111 I"I 405616 06/23/1997 11:33A RESOLUTION 3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK • 0 Douglas P. Allen LA W OFFICES OF DOUGLAS P. ALLEN 600 East Hopkins, Suite 302 Aspen, Colorado 81611 Chris Bendon, Planner, City of Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 December 4, 1998 RE: SILVERSTREAM TOWNHOMES SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION Dear Chris: (970) 925-8800 FAX (970) 925-9398 E Mail dpallert@rofnet Pursuant to our meeting of yesterday this letter constitutes the application for the above. I enclose the following: 1. Check in the amount of $355.00 made payable to the City of Aspen for the total deposit required for this type of application. 2. Copy of Old Republic National Title Insurance Company — Title Commitment Q380089 reflecting title in Silverstream LLP for the subject property. 3. The applicant is Silverstream LLP, a registered Colorado Limited Liability Partnership, whose general partner is Boxtowire, Inc., a Colorado Corporation, whose address is: c/o Robert J. Tobias Waterfall Hope 307 South Mill Street Aspen, Colorado 81611 4. The legal description of the property is included in the above title commitment and the street address is 926 East Durant Avenue, Aspen Colorado 81611. 5. This request is for condominiumization of the project, addressing the standards of the Land Use Code. 6. An 8'/2 by 11 vicinity map locating the parcel within the City of Aspen. 7. Condominium plat prepared by Schmueser Gordon Meyer consisting of seven pages. 8. Copies of the prior approvals in connection with this property consisting of: a. Resolution No. 1, Series of 1997 of the Board of Adjustment recorded under County Clerks File No. 405616 b. Resolution No. 2, of the Design Review Appeal Committee, Series of 1997 recorded under County Clerks Reception No. 405831 C. Resolution No. 5, of the Aspen Planning and Zoning Commission granting approval for a GMQS exemption, Series of 1997. I trust that these are all of the items you need to administratively approve the above -referenced condominium plat so that we may hopefully achieve a closing in connection with some of these units no later than December 15, 1998. Thank you. Cordially, Alen Douglas P. Allen is appointed the Owners Representative in connection with the above application. SILVERSTTR�EAM LLP By Robert J. Tobias, President of Boxtowire, Inc. LTR.327.12048 DEC 02 . ' 98 03 : 58PM LAND TITLE ASPEN P.3 Old Republic. National TILIe Insurance Company ALTA COMMITMENT qi r l o• L,i i�a r„ji N11, d i.i,t Schedule A Property Address: ASPEN CO' 81611 t ifiw j Effective Date: November 24, 1998 at'5:00 P.M. y' o11ey. to be Issued, and Proposed Insured: << "TBD" Comf iitmcnt, ;. Proposedtnsuied: t TOD', . 4 • Our Order No. Q380089 Cust. Ref.: m i4 .. . 3. ; Tlie estate or interest in the land described or.referred to in this Commitment and covered herein is: A Fee Simple ' 4: ,'Title,to the estate or interest coveted herein is at the effective date hereof vested In: SILVERSTREAM LLP, A REGISTERED COLORADO LIMITED LIABILITY PARTNERSHIP 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LIiGAL DESCRiPTiON DES 02 '98 03 58PM LAND TITLE ASPEN P.4 a►: r E. Our Order No. Q380089 LEGAL DESCRIPTION �ja,,,' ���,a;4iit#II hljip�p!!•nfnl�.;.rdJ.,. , y, , LOTS P, Q, R AND S BLOCK II$ f i!1HE CITY AND TOWNSITE OF ASPEN TOGETHER WITH .A STRIP OF LAND EIGHTEEN FEET (18') IN WIDTH ALL POINTS BEING +" PARALLEL TO AND LYING EASTERLY OF AND ADJACENT TO LOT S IN BLOCK 118 IN THE CITY,OF,;ASPEN BOUNDED ON THE NORTH BY THE EXTENSION EASTERLY OF THE SOUTHERLY LINE OF THE ALLEY RUNNING THROUGH SAID BLOCK I IS AND BOUNDED ON THE SOUTH BY THE SOUTHERLY LINE OF DURANT AVENUE, AS VACATED IN ORDINANCE NO. 2 (SERIES OF 1958) OF -THE CITY COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8, 1958 IN BOOK 18�'AT.PAGE 397,. ; COUNTY OF, PITKIN, STATE OF COLORADO DEC ,02 .'98, •03:59PM LAND TITLE ASPEN P.5 DEC 02� ' 98 03: 59PM LAND TITLE ASPEN P.6 p ,1i'v�i�, ,�Y� � �' ,��I� I �,iii ,b i•,�, , �i L� , i, ,. , • , � ALTO, COMMITMENT (Exceptions) Our Order No. Q380089 The policy or policies, to be issued will contain exceptions, to the following unless the same are disposed of to the satisfaction of the Company: 4ijht4'bf'ciairri's of parties in possession not shown by the public records. 2.' Easements, or claims of easements, not shown by the public records. '.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and ''t inspection of ilie premises would disclose and which are not shown by the public records. !,• 4: Any lien, or right to•a lien, for services, labor or material 'theretofore or hereafter furnished, imposed by law and ,'not shown by the public records. 5. Defects, liens encumbrances, adverse claims or other matters if any, created first appearing in the public records or 7 attaching subsequent to the effective date hereof -but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Comminnant. Taxes and assessments, not yet due or payable and special assessments not yet certified to the Treasurer's office. Any unpaid taxes or assessments against said land. liens for unpaid water and sewer charges, if any. 9. A MORTGAGE DATED AUGUST 27, 1997 FROM SILVERSTREAM LLP FOR THE USE OF MESA NATIONAL BANK TO SECURE THE SUM OF S4,513,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED SEPTEMBER 04, 1997, UNDER RECEPTION NO. 408073. ',;. SAib'DEED OF TRUST WAS FURTHER sr -,CURED BY ASSIGNMENT OF RENTS RECORDED SEPTEMBER 04, 1997, UNDER RECEPTION NO. 408074. 10. RESERVATIONS AND EXCEPTIONS AS SET -FORTH IN THE DEED PROM THE CITY OF ASPEN RECORDED , IN BOOK•A'r PAGE , PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 11. RESERVATIONS AND EXCEPTIONS AS SET FORTH IiN THE DLED FROM 'THE CITY OF ASPEN RECORDED OCTOBER 31. 1887 1N BOOK 59 AT PAGE 73, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD. SILVER, CINNABAR OR COPPER OR TO ANY VALID, MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. i; 1.2,,'. ; RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN DEC: 02, 90 03 : 59PM LAND TITLE ASPEN P. 7 i y., ALTA COMMITMENT (Exceptions) Our Order No. Q380089 k.: The policy or policies to be,issued will contain exceptions to the following unless the same are disposed of jo,t4cptisfaction of the Company: .,:—RECORDED DECEM'BER 01, 1887 IN BOOK 59 AT PAGE 116. PROVIDING AS 'FOLLOWS: - ` THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD. SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER >. ,XJS'JNG .LAWS. 13':. EASEMENTS FOR THE USE, OPERATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC Ti,L�T1;ES,TO BE:PLACED UNDERGROUND AND OVERfIEAD, INCLUDING, BUT NOT LIMITED TO, POWER AND TELEP14ONE LINES, WATER LINES, GAS MAINS, SEWER MAINS AND OTHER UTILITY EASEMENTS OF A LIKE NATURE, BUT EXCLUDING ROADS AND SURFACE EASEMENTS, AS RESERVED IN ORDINANCE NO. 2 (SERIES OF 1958) OF THE CITY COUNCIL OF THE CITY OF ASPEN RECORDED APRIL 8. 1958 IN BOOK 183 AT 'PAG9 397.. }4. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 1, SERIES OF 1997, REQQRDED FEBRUARY 21, 1997 UNDER RECEPTION NO. 401957. 15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 97-5 RECORDED MAY 12, : 1997 UNDER RECEPTION NO. 404342, AND RESOLUTION NO. 97-5 (AMENDED) RECORDED JUNE 23, 1997 UNDER RECEPTION NO. 405616 16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02; SERIES OF 1997, +, r; RECORDED MAY 14, 1997 UNDER RECEPTION NO. 404410, AND RESOLUTION NO. 2, SERIES OF 1997 (AMENDED) RECORDED JUNE 30, 1997 UNDER RECEPTION NO. 405831 17. FINANCING STATEMENT WITH MESA NATIONAL BANK, THE SECURED PARTY, RECORDED SEPTEMBER 04.'1997, UNDER RECEPTION NO. 408075 AND UNDER RECEPTION NO. 409076 18., ,TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF INSTRUMENT ENTITLED "AWARD ON LIABILITY ISSUES" RECORDED SEPTEMBER 11, 1998 UNDER RECEPTION NO. 421824.. i; DEC 02 '9Q 04:00PM LAND TITLE ASPEN P.0 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENT ! Required by C.R.S. 10-11-122 A)` , 'he iubjed.real property may be•located in .-.I special taxing district. � tM, 'B) A Certificate of Taxes'Due listing each taxing jurisdiction may he obtained from the County Treasurer's authorized a;ent. C) -The information regarding special districts and the boundaries of such districts may Bow of County Commissioners, the County Clerk and Recorder, or be obtained' From the So the Cotinty,Assessor. !EtIective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contiin it top margin of at least one inch and a left, right and bottotn margin of at lease one half of an inch. The clerk and recorder may refuse to record or File any document that does not conform.. except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or tiling information at the top margin of the document. 0 RESOLUTION NO.1 Series of 1997 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 97-1 RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF 926 East Durant, ASPEN,COLORADO. WHEREAS, Silverstream, LLP has made application, dated January 9, 1997 to the Board of Adjustment for a variance from the dimensional requirements of Chapter 24 of the Aspen Municipal Code; and WHEREAS, this matter came on for hearing before the Board of Adjustment on January 30, 1997 and after full deliberations and consideration of the evidence and testimony presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: fact: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of 1. A development application for a variance was initiated by: Silverstream, LLP on January 9, 1997 for property with a street address of 926 East Durant, Aspen, Colorado and a legal description of: Lots P,Q,R & S and strip 181wide Block 118. 2. Notice of the proposed variance has been provided to surrounding property owners in accordance with Section 24-6-205(E)(4)b) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. The grant of variance will be generally consistent w:ifh the purposes, goals, objectives, and policies of the Aspen Area Comprehensive Plan and Chapter 24 of the Aspen Municipal Code. 4. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure. 5. The literal interpretation and enforcement of the terms of Chapter 24 of the Aspen Municipal Code would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining that the applicant's right.-, would be deprived absent a variance, the Board considered certain special conditions and circum- stances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; to wit: The property is hindered by the design of the existing structure which allows for snow and ice to shed from the roof onto the parking area Section 2. Variance Granted. The Board of Adjustment does hereby grant the applicant the following variance from the terms of Chapter 24 of the Aspen Municipal Code: A ten foot (10') rear yard setback variance for a distance of one hundred one feet (101') and a five foot side yard setback variance on the north eighteen feet (18') of the west side yard to allow for a covered parking structure at 926 East Durant, Aspen, Colorado. 2 Secr;on � ectign 3. Conditions Upon Which Variance is Granted. The variance granted conditioned u by Section 2, above, is Pon and y conditions: subject to the following specifically 1. The parking structure shall have a flat roof. 2. The Covenants, Conditions and Regulations the property shall stipulate that the carport structurefor shall not be used as a deck or for storage purposes. 3• Unless vested as to Section 24_ Part of a development plan pursuant 6-207 of the Aspen Municipal Code, the variance granted herein shall automatically expire after twelve (12) months from the date of approval unless development has been commenced as evidenced by the issuance of an extension a building permit, granted by or the Board in which case the variance shall expire at the end of the extension. 4• Applicant shall, prior to a buildin filing an application for g permit, cause to be recorded with the Clerk and Recorder's Office of Pitkin County a co Of this resolution. copy INTRODUCED, READ AND ADOPTED b of the City of Aspen on the y the Board of Adjustment f--�3 ay = 1997 'L Chairperson I. the undersigned duly appointed and acting Deputy City Clerk do certify hadothe tedforegoing is a true and accurate copy of that resolutionColorado, at a meeting Board of Adjustment of the City of Aspen, stated. g held on the day hereinabove reputy City Clerk 3 1111111111111111111111111111111111111111111111111111111 1111111111111111 0 404410 05/14/1997 12:56P RESO ION 1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE APPROVING AN APPLICATION FOR WAIVER OF THE FAR INCREASE DUE TO VOLUME FOR GLAZING IN THE "NO WINDOW" ZONE STANDARD AND THE EXTENSION OF DORMERS INTO THE NON -CONFORMING HEIGHT OF THE BUILDING LOCATED AT 926 E. DURANT AVE., ASPEN, COLORADO Resolution No. 0 Z , Series of 1997 WHEREAS the applicant, Silverstream LLP, represented by August G. Reno, has requested an appeal from the Ord. 30 standards pertaining to 1) height and 2) increasing the FAR due to the volume for glazing being in the "no window" zone for the property located at 926 E. Durant Ave.; and WHEREAS all applications for appeal from the Residential Design Standards of Section 26.58.040 must meet one of the following statements in order for the Design Review Appeal Committee or other decision making administrative body to grant ail exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints, and WHEREAS in the staff report dated February 24, 1997, staff recommended approval of the waiver increasing the FAR due to the volume for glazing being in the "no window" zone, citing criteria c above and recommended denial of the height waiver; and WHEREAS a public hearing, which was legally noticed, was held at a regular meeting of the Design Review Appeal Committee on February 27, 1997, at which the Committee considered and approved the application for both the waiver increasing the FAR due to the volume for glazing being in the "no window" zone, citing criteria c above, and the height waiver, citing the fact that the non -conformity is due to the way height is now measured under Ord.30, and that the shell of this building predates the passing of that ordinance, by a vote of 3 to 0. NOW, THEREFORE, BE IT RESOLVED: That the request for a waiver of the FAR increase due to volume for glazing in the "no window" zone standard and the extension of dormers into the non -conforming height of the building for the Brassbed at 926 E. Durant Ave., Aspen, Colorado, be approved without conditions. IINIII IIIII !III II 1111III! IIIIEf%IIIIIIIIIIlil111110 05/14/19972:S6P RESOLUTION • 2 of 2 R 11.00 0 0.00 N 0.00 PITKIN COUNTY CLERK APPIZOVED BY THE COMMITTEE at its regular meeting on the 27th day of February, 1997. Approved as to Form: 1--4-� City Attorney DESIGN REVIEW APPEAL COMMITTEE a ATTEST: Deputy Clerk g:`y4imingUspenVesosWnc`bnabd 404342II11111111111111111110g/12/1997 0211:WRESOLUTION III IIIII III illll 11111111 1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR A GMQS EXEMPTION FOR A CHANG V. IN USE AND A SPECI-kL REVIEW TO ELIMINATE ONE ON -SITE EMPLOYEE PARKING SPACE FOR THE BRASSBED LODGE LOCATED AT 926 E. DURANT AVE. CITY OF ASPEN Resolution 97-5 WHEREAS, The Community Development Department received an application from Silverstream LLP, for a GMQS exemption for a change in use and Special Review to eliminate one orr-site employee parking space for the Brassbed Lodge; and WHEREAS, Pursuant to Section 26.100.050 C. 2. a. of the Aspen Municipal Code, a GMQS exemption for a change in use may be approved by the Planning and Zoning Commission and pursuant to Section 26.64.040 of the Aspen Municipal Code, parking requirements may be approved by the Planning and Zoning Commission through Special Review; and WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated Sanitation District, Environmental Health Department and Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, the above referenced application was legally noticed for a public hearing; and WHEREAS, during the public hearing on February 18, 1997, the Planning and Zoning Commission approved by a 6 to 0 vote the GMQS exemption for a change in use and the Special Review with conditions. NOW, THEREFORE'BE'IT'RESOtVED by the Commission that the GMQS exemption for a.c%lfange in lise and a`Sp"l Review to eliminate one on -site employee parking space is hereby approved, subject`o.the following conditions: 1. That the applicant provide a deed restricted studio unit (approximately '1'38 s F.) rather than the three -bedroom dormitory as originally proposed; 2. That the proposed deed restricted unit be a Category 3, fully deed restricted unit, and that if approved, a deed restriction be recorded prior to any building permit approval; 3. That any impact fees allocated to this project for the improvements in the Galena Street sewer line be paid in accordance with the District's rules prior to building permit; 4. That the applicant be required to meet the runoff design standards of Section 26.88.040 C. 4. f. and that the building permit application include a drainage mitigation plan and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan; 5. That any utility pedestals be placed in easements or have easements provided on the site improvement survey. 6. That the building permit drawings indicate all utility meter locations, and that such meter locations be accessible for reading and not be obstructed by trash storage; 7. That the Environmental Health Dept. receive and approve a fireplace/woodstove application before approval be given for a building permit; 8. That the 10" Cottonwood located on the property be accommodated and that the planned sidewalk either curve around the tree or be moved further east or west and that any sidewalks be at least 5' wide; 9. That any sections of curb and gutter that are in disrepair be replaced prior to issuance of a certificate of occupancy; 10. That the cottonwood trees proposed to be planted in the right-of-way be reduced from nine (9) trees to six (6) trees, approximately 20-25' apart and that the landscape plan be revised accordingly; 11. That the applicant provide an adequate site improvement survey per Section 26.52.030.B.5. This should be submitted prior to the issuance of any building permits, 12. That the applicant agrees to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of -way; and 13. That all material representations made by the applicant in this application and dur*ng public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its meeting on February 18, 1997. Appr to Form: ♦ a ,S "S t i � i s� i � � .-1 S '. �r..l . ' .i r •J Ci y Attorney r. . vf Attest: Planning and Zoning Commission: fLothian, Deputy City Clerk Sara Garton, Chairperson 1111111111 HIM 11111111 I"II II"I III 404342 05/12/1997 02:32P RESOLUTION"II' II'I II'I 2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK City and Townsito of Aspen Vicinity Map INDEX SHEET I - LEGAL TEXT MAP SHEET 2 - SI TE MAP SHEET 3 - GARDEN LEVEL SHEET 4 - MAIN L EVEL SHEET 5 - UPPER L E/EL SHEET 6 - BUILDING SECTIONS (EL EVA TIONS) SHEET 7 - BUILDING SECTIONS (EL EVA TIONS) Legend and Notes: - This survey does not represent a title search by this surveyor to determine ownership or to discover easements or other encumbrances of record. All information pertaining to ownership, easements or other encumbrances of record has been taken from a title insurance commitment issued by Land Title Guarantee Company, Aspen Co. doted 2 December 1998 as Order No. OJ80089. - Fences are shown hereon for information only and do not necessarilly represent limits of ownership. CONDOMINIUMS - CHANGES TO UNITS: Prior to the issuance of a Certificate of Occupancy or conveyance of any condominium unit with unconstructed or relocated walls, ceilings or floors, a Revised Condominium Plat shall be filed with the City Engineer and recorded with the Office of the Pitkin County Clerk and Recorder. NON -CONFORMING CONDITIONS - CONDOMINIUMS City approval of this condominium map does not grant any right to continue any non -conforming installation of features or improvements nor approve any existing or future encroachment. CONDOMINIUM PLAT ALSO SERVES AS A MAP: This condominium plot also meets the requirements of a map for the purposes of the Colorado Common Interest Ownership Act [CRS 38-33.3-103 (19.5)J. ~eh`x SURD�'YORS to cSCff'y17 'S—AR CORIJON 'Vz�' FR INC. Aoeord:;tq olomdo raw, S'. muss com�ne, i''NGIN%'L�RS airy legal achbn based qwn any defect m M& survey within three years after ynu 1>8 IY. 6th Street, Suite ,ZOO JYrsr Asco.ror such defect An no event may any legal o th based � any defect sn J� Glenwood Svrings, Colorado 8>60> uu ,,.rYey 6e commenced mans than ten years 1 �/ 1 r970,) 94(5-1004 /F,4XY 945948 5- �Som the dot. of the cerAAh twn adorn, ( % '' vm CORDON .ff MER = - Asperh Colorado K97 J 996-67,27 s Silverstream Town -homes/ %.I Lots P, Q, R, S and the adjace. t westerly 18 feet of vacated Cleveland St. Block 118, City and Townsite of Aspen, Pitkin Co un ty, Col ora d o Certification of Dedication and Ownership: Know all men by these presents that SILVERSTREAM L.L.P., A REGISTERED COLORADO LIM17ED LIABILITY PARTNERSHIP being the sole owner of certain lands in Pitkin County, Colorado, described as follows: Lots P, 0, R, S and the adjacent westerly 18 feet of vacated Cleveland St. Block 118, City and Townsite of Aspen, State of Colorado, containing 0.316 acres more or less, have by these presents laid out, plaited and subdivided the some into condominium units as shown hereon and designate the some as Silverstreom Townhomes" in the City of Aspen, County of Pitkin, State of Colorado, and do hereby grant to the City of Aspen, County of Pitkin, State of Colorado, for public use the utility and drainage easements shown hereon for utility and drainage purposes only, and so further state that this subdivision shall be subject to the Condominium Declaration For Silverstream Townhomes filed and recorded for this subdivision in the Office of the Clerk and Recorder of Pitkin County, Colorado at Reception No. Executed this _____ day of------ _ ___..... 1998. Robert J. Tobias as President of Boxtowire Inc., the Managing Partner of the Silverstreom L.L.P., a Registered Colorado Limited Liability Partnership Robert J. Tobias, President of Boxtowire Inc. State of Colorado ) ) ss. County of Pitkin ) This Plat has been duly acknowledged before me this___— day of 1998 by Robert J. Tobias as President of Eoxtowire Inc., a Colorado Cooperation the Managing Partner of Silvertteam L.L.P., a Regist„red Colorado Limited Liability Partnership. Witness my hand and official seal, My commission expires:_______—______ Notary Public Aspen City Engineers Certificate: This Plot was approved by the City of Aspen Deportment of Engineering this _-- day of-- -1998. City Engineer Community Development Director's Certificate This Condominium Plot of Silverstreom ,rownhomes was approved by the Community Development Director for the City of Aspen, Colorado, this ___— day of----__, 1998. By-___ - Community Development Director Surveyor's Certificate 1, Stephen L. Ehlers, do hereby certify that I am a Professional Land Surveyor licensed under the low of the State of Colorado, that this plat is a true, correct and complete SILVERSTREAM TOWNHOMES CONDOMINIUM PLAT as laid out, platted, dedicated and shown hereon, that such amended plat was made by me from on accurate survey of said propeNy by me, and under my supervision and correctly shows the location and dimensions of the boundary and easements of said condominiums as the some are staked upon the ground in compliance with applicable regulations governing the subdivision of land. / further certify that this plat satisfies requirements of Section 38-33.3-209, C.R.S., and Section 38-51-105, C.R.S., as amended. Survey precision is greater than 1: 10, 000. Field survey was completed 4 December 1998. Stephen L. Ehlers L.S. J201JJ — Date -avers ream To?.vnhomes UX:J REVISION Title Certificate: Land Title Guarantee Company, Aspen, Co. (Order No. 0380099) does hereby certify that I have examined the Title to al/ lands shown upon this Plot and that Title to such lands is vested free and clear of oll liens, taxes, and encumbrances, except that recorded under Clerks file No. in the office of the Clerk and Recorder of Pitkin County, Colorado Dated this __-_ day--- _,1998 By. State of Colorado ) Agent, Land Title Guarantee Company ) ss. County of Pitkin ) The Title Commitment was acknowledged before me this day of __ 1998 by -- _____ _ __ Agent, Land Title Guarantee Company. Witness my hand and official seal, My commission expires:______ Notary Public Mortgagee Consent: Mesa National Bonk 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 at Reception No. hereby consents to the Condominium Plat as hereon drawn. Mesa Notional Bank By State of Colorado ) Representative ) ss. County of Pitkin ) The Mortgagee Consent was acknowledged before me this _ day of 1998 by _ Mesa National Bonk Representative. Witness my hand and official seal, My commission expires:__— Notary Public Acceptance for Recording: This Silverstreom Townhomes Condominium Plat is accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado, this day of 1998, in Plat Book at Page ______ at Reception No. DATE I BY By.: Clerk and Recorder Co nium Plat Job No. 96167 , OF Drown by: ,jT Dote: Spec98 Appr. by: Sg F1e: sa—d 00 rn 01 ru lI7 m �i m 0 U N O 7 L F- O� 3 N i h Lo 0 APO ate iLffeOs Si CprPore 0 NorthOf 4'eptrProp y to Poo// OS¢ /info pdvicenf Te CorterErty�� nfo Pr @poP. Building City of Aspen G.T.S. Control Monument of Galena St. & Durant St. _2112" Aluminum Cap, D.B. & Co. \f- _ 193. 48, City of Aspen G.I.S. Control Monument at West End St. & Durant St. / 2112" Aluminum Cap, D.B. & Co. E OF 1-4 �M f0 GE OF 4sP'Ox � T CONCRETE CURB & GUTTER Fpce OF pq ��EtVT ee Co '1ered -4`z/'�—, ELECTRIC TRANSFORMER ELECTRIC TRANSFORMER Set Nail W th Washer Concrete L.S.,{f20133 ELECTRIC TRANSFORMER EASEMENT r —y! Gas Meters (See Sheet %4) Q s 16?. x �o x Building a x Xef" .5'URY�'YOR.S' NUM- Accerdow EO COlorndo law, yeu �r com"rence �NGIN��RS SCf'yb SER CORfJON JfEJzR INC. BER M!y legal action based tywn any de,/irct in a►:r widk:n th..e years fie. you 118 ff'. 6th Street, Suite ?00 firs! &%sv ver- such deybct An no event may a a y Agar aeh— based upon any &rfoct in Glenwood Springs, Colorado 81601 'i'ves °, ea"vneneed m� >� ten years �97OJ 945-1004 Z v e rs tre a To ,Vnh o M es y�.n the loss► of the cert&4cattan shown MhJfbrFS-R (F�9X./ 945-5948 '�""°" CORDON JfZrZR Aspen, Colorado ('9'0j 9.25-6727 REVISION SCALE- 1 "- 10' GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. Legend and Notes: - ® indicates found monument as described. - o indicates set monument, 0 rebor and Red Plastic Cap (RPC), L.S. 20133. - Survey Orientation based on found monuments on the southerly property line using a bearing of S75V9'11 E - Easements shown are from Alto Commitmbnt Order No. OJ80089 issued by Land Title Guarantee Company, Aspen, Colorado dated 11124198. - Description: Lots P, 0, R, S and the adjacent westerly 18 feet of vacated Cleveland St., Block 118, The City and rownsite of Aspen Pitkin County, Colorado - Covered Garage - Building & Retaining Walls Concrete G.C.E. - General Common Element L.C.E. - Limited Common Element —tel BURIED 7ELEPHONE LINE SIGN — g — BURIED GAS LINE D4 G45 VALVE X E FENCE UNE YJ CURB STOP ® ROCK WALL k7 POWER POLE — tv GABLE 7EZEWSION LINE >jc LIGHT POLE e — ELEC7RIGIL LINE My �Q 0A7ER VALVE w — WA7ER LIVE RRE HYDRANT ss SANITARY SEWER LINE O TELEPHONE RISER —OhP— OVERHEAD UM17Y LANE O CABLE RISER ® SEWER MANHOLE EXIST. CULVERTS 0 STORM DRAIN INLET DECIDUOUS TREE ELECTRIC TRANSFORMER EVERGREEN TREE -� ANCHOR BO_T BRUSH LINE © ELEC7RIC A/E7ER O GAS M£7ER ® DRY KZL DATE BY Job No. 96167 C07Zdami7Zium Drawn by. ,rT Date: ?IOTC98 Plat APpr by .ST Pie: sfL-sl OF 7 i 1.9' CEILING ELEV. 7954.40 ( I UNIT 11 N I Floor Elev. 7946.60 I i 24.4' I i '` - - I 10 ill act~ I���I I 1 I P ter j P cn,`e- ipilan ter U m^ 5v oiI Woll (0.7' Thick i 20.1 ' 4.5' Terrace o CEILING ELEV. 7954.40 "UNIT 2" Floor Elev. 7946.60 144' 11.9 ,p \ Q)n it r I I I I I I I I 25.0'I I I � i i I I I I I I CEILING ELEV- 7954.40 � I I I I I I l "UNIT 5" 1 Floor Elev 7946.60 1 Exterior Wall (0. 7' Thick typ j i? Nil 11.4' Telephone Coble N i Electric Meters 13.4' CEILING ELFV. 7954.40 `UNIT 6" Floor Elev. 7946.60 A I � � � _-� Unit 6 L. C.E. b l subject to access v _._ .._..._._... i 5.3' N easement to AH Unit i , h Un it 5 3 0 --- -------- - --� --- -- l L. C. E. -----, 12. 0.8 i -- _ n7 TA ^ 4.4 �iiR. 29' �0 5. 7' 2.9 p Unit 4 ---.-•-------- L.C.E. L6 Section B 2.5 - - - ---- - - i 5 0>i CEILING ELEV. 7951.70 CEILING ELEV. 7951.70 Ic7�`er � 5.6 ` ` UNIT 3 " -------� Unit 3 ^ L. C. E. ^ Floor Elev. 7943.10 L6 N 2 6' 2.5 h 8.0 2.6' . 5' 7.1 ' c `UNIT 4 " 2 3' L - - - - - - - - - ----------_-_ -------------'---"'- Floor Elev. 7943.10 Section A ---&rl 0 O CEILING ELEV. 7952.50 CEILING ELEV. 7952.50 N0 I 16.5 `$'7 18.2' 7.. 2' i Terrace Unit 3 Terrace L.C.E. i o Unit 4 0 o o L.C.E. 18.2' 18.2' MAN LEVEL FLOOR PLAN S&J zlroRS NUM- S'CII�IIU�S�R CORIlO1V -IV-h FeR INC. BER Accortis'ng to Cotontau, you must commence �NCIN�'ERS' �,.,� legal �� ba- sed w- any R'. 6lh Street, Suite ,200 this survey wthin there years gfYer you `I � this di„I y b such dere�e `n e cent may ,r,S''Z lve rs ere a M 7''o wrzh o r,� es any tegat achbn cased upon any deject in 67e7zwood SR7zngs, COlOT¢d0 81601 this survey be commenced more than ten years M , (970) 94'5-1004' (Y;1, J 94'5-594'8 from the ate of the cerWlwatron Shown SCHdfC/�'S�'R Aspen, Colorado (9�"Oj 9,25-67,27• ham°" CORIJON Af�'YNR � I A Ic' __r i REVISION DATE I BY I•sr �,-:F 3.2' C01-Zd07nZ7LZu7n Plat Meters (typ j GRAPHIC SCALE C�) - Stone Walls Job No. 96167 Drown by: ,rT Dote: 11/08/98 Appr. by-- ST File: MIL AWAI OF / HUNG ELEV. 7963.30 HUNG ELEV. 791 Ibn N> � N (b > ,> > o►. r or r cO. A i f.; .3' v UPPER LEVEL FLOOR PLAN ~°"`y S'URI�'YOR.s SCf�lilU�'S�'f2 6!0RoON l FrzR INC. e° CV-4--do ta�q yeu must commence L�'NGINL�L�t�.�' any teyat achbn based goon any deJFct is e~� .n.,My &MMIn m?" yeses qff, y� 118 J{r 6M Street,, Suite ?0O -1,aged —I— 6 �d " `n S, 1°e1` — GM Glenwood .Fpmngs Colorado 81601 disany legal based rrpan any detect in � M� sn,vey be cmnmenced mmv M= ten yeas (97'O 9�5-100� F,stX f 9�5-59�8 J/ -Om me date of zu cert{/4'cahbn shmo„ .FcffIIvuzS'-'R � � / "�v°" CORDON M�'YZ'R Aspen, Colorado �9�Oj 925-6727 c-) silverstream To wnhomes NUM- BER REVISION DATE I BY C07Zd071-Z27LZum Plat ML ELEV. 7961.90 GRAPHIC SCALE 12wh - 5 R Job No. 96167 Drown by. r Dote:00000 11/03/98 APPr. bv. .S�' F11e: S!L-!/PPR OF 7