HomeMy WebLinkAboutcoa.lu.ec.Lone Pine Subd.A38-91LONE PINE SUBDIVISION AMENDMENT
A38-91
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 06 24 91
DATE COMPLETE:
PROJECT NAME: I
Project Address:
Legal Address:_
PARCEL ID AND CASE NO.
A38-91
STAFF MEMBER.:- -----KJ__ ---_
n/Amendment. � �/f,SiPd � hT<
APPLICANT: Lone Pine Townhome Condo Assoc. & Zuhair Fayez
Applicant Address:
REPRESENTATIVE:_ Jane Ellen Hamilton, Garfield & Hecht, P.C.
Representative Address/Phone: 601 East Hyman Avenue
Aspen, CO 81611
PAID:(YES) NO AMOUNT: $870 NO. OF COPIES RECEIVED 4
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Date
CC Meeting Date 12-
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
PUBLIC HEARING: 'YE NO
�i
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney Mtn Bell School District
City Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector
Envir. Hlth. Roaring Fork Other ZO`II,)6-
Aspen Con.S.D. Energy Center
DATE REFERRED: 7 �l G/ INITIALS:
FINAL ROUTING:
City Atty
Housing
FILE STATUS AND
DATE ROUTED:
INITIAL: Cqell�
City Engineer A Zoning Env. Health
other: 7Z9 LOCATION• `� �� �_-
Mayor Stirling called the meeting to order at 5:00 p.m. with
Councilmembers Tuite, Crockett, Peters and Gassman present.
ORDINANCE #24, SERIES OF 1989 - Creating RMF/A Zone
Tom Baker, planning office, reminded Council at the last meeting,
it was determined the Moran and Mocklin parcels should be zoned
R-15A; that rezoning to RMF/A would be considered in the context
of a development plan. The Oden and Cowee area should be zoned
R-15/A/PUD; the community center should be zoned Public; Lone Pine,
Hunter Longhouse, Hunter Creek and Mountain View should be zoned
RMF/A and Centennial should be zoned RMF/A/PUD. Baker reminded
Council there was discussion about zoning of the Friedberg area.
Staff originally recommended this area should be zoned R-30/A,
which would prohibit duplexes. This was the request of the property
owners. Council asked if it is wise to create a new zone district
to prohibit a use allowed in every other zone district. Baker said
staff agrees with Council's comments.
Baker said Ordinance #24 creates the RMF/A zone district. P & Z
and staff are recommending approval of this ordinance. Baker said
duplexes will be a conditional use.
Mayor Stirling opened the public hearing.
Jane Ellen Hamilton, representing Lone Pine homeowners association,
said the homeowners have not received a deed to the common open
" space, which would enable them to use that land to calculate the
FAR. Ms. Hamilton said .if they can get this deed, they will be
conforming with the zone. Ms. Hamilton said it is not the intent
of the city to make Lone Pine non -conforming. Ms. Hamilton
suggested language in Ordinance #26 stating it is not the city's
intention to create a non -conformity. Baker said he does not feel
it appropriate to put that language into an ordinance. Baker
suggested increasing the FAR 2/100 of a percent for Lone Pine,
which would take care of Lone Pine whether or not the common open
space is included with the free market units. Baker said another
alternative is to zone this at .38 FAR, and if this does not work,
there is a process that can be gone through by the property owners.
Ms. Hamilton told Council some of the decks at Lone Pine are
leaking very badly and some owners need to enclose the decks, which
would increase the FAR.
Mayor Stirling closed the public hearing.
Councilman Gassman moved to adopt Ordinance #24, Series of 1989,
amending the ordinance by eliminating item 2 on page 2; seconded
by Councilman Tuite. Roll call vote; Councilmembers Peters, yes;
1
Continued Meeting Aspen City Council June 14, 1989
Crockett, yes; Tuite, yes; Gassman, yes; Mayor Stirling, yes.
Motion carried.
ORDINANCE #25, SERIES OF 1989 - Creating R-30/A Zone
Mayor Stirling opened the public hearing.
Tom Baker, planning office, said this ordinance prohibits duplexes.
Baker said based on comments at the first reading and subsequent
staff analysis, staff is suggesting this ordinance be denied.
Councilman Gassman moved to deny Ordinance #25, Series of 1989;
seconded by Councilman Peters. All in favor, motion carried.
ORDINANCE #26, SERIES OF 1989 - Zoning Lower Smuggler Annexation
Tom Baker, planning office, told Council the recommended zoning is
R-30 for the Friedberg area; Oden/Cowee area R-15A; Community
Center public; Lone Pine, Hunter Longhouse, Hunter Creek, Mountain
View, RMF/A; Mocklin and Moran, R-15/A; Centennial RMF/A/PUD.
Mayor Stirling opened the public hearing.
Jim Moran said he owns 1.2 acre in this area. Moran presented a
map illustrating the density and character of the neighborhood.
x Moran showed the original line demarcating the difference between
R-15 and R-30. Moran said Hunter Creek has 295 units on 18.4 acres
or 16 units per acre. Centennial has 240 units on 17 acres or 14
units per acre. The Mountain View area has been approved for 8
units. Moran said this entire area is proposed to be zoned RMF/A.
Moran told Council he has a single family dwelling on his parcel.
Moran said his parcel is surrounded by multi -family residences.
Moran told Council P & Z accepted this and said the Moran parcel
should be zoned RMF/A. Moran said Ordinance #26 does not follow
the P & Z recommendation but staffs recommendation of R-15 zoning.
Moran requested the zoning by changed to RMF/A for his parcel.
Moran said the staff has recommended R-15 as the city would have
more control if the Morans had to come back and ask for rezoning.
Moran said this is not planning. Moran said this is creation of
spot zoning. Moran said this is legislation that does not meet the
test of good legislation; it is vague, indefinite, uncertain and
discriminatory. Moran said this does not treat citizens who are
similarly situated in the same fashion. Moran said there are 7
pages of RMF/A zoning that regulates use, density, minimum lot
size, building area, setbacks, etc. Moran said the city is saying
that RMF/A zoning is adequate to accommodate and control the 543
units on 36.5 acres surrounding the Moran tract but it might not
provide enough control for the 1.2 acres.
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that. ZUHAIR FAYEZ, of
the Kingdom of Saudi Arabia, reposing special trust and
confidence in BURTON L. OLMSTED, JR., of the County of Boulder,
State of Colorado, hao made, constituted and appointed, and
-by these presents does make, constitute and appoint the
said Burton L. Olmsted, Jr. his true and lawful attorney for
him and in his name, place and stead, for his sole use and benefit.,
to perform any act required of him in connection wihh the .
ownership, maintenance and sale of real property and improvements
Constructed thereon, more particularly described as follows:
(1) Unit C-1, LONE FINE TOWNHOUSE CONDOMINIUMS,
County of Pitkin, State of Colorado;
AND
(2) Lots D, E and F, block 19, City and Townsite of
Aspen, County of Pitkin, State of Colorado
(also known as The Main Street Block 19 Professional
Building, 715 West Main Street, Aspen, Colorado.)
I hereby give and grant unto said attorney full power and
authority to do and perform all and every act and thing what-
soever requisite and neceeeary to be done in and about the
premises, as fully to all intents and purposes as I might or
could do if personally present, including, but not limited to,
the execution of deeds conveying real estate,,.execution of
documents encumbering real estate, and I do hereby ratify and
confirm all that said attorney shall lawfully do or cause to
be done by virtue hereof.
The rights, powers and authority of said attorney shall
commence as being in full force and effect from.and after the
execution of this instrument by me and shall remain in full force
and effect until'revoked by me in writing and until notice of
such revocation has been served upon any third parties who may
be relying upon this instrument.
Third parties may rely upon the representations of said
attorney as to all matters relating to any power granted to said
attorney as set forth herein, and no person who may act in reli
ance upon the representations of said attorney or the authority
granted to him shall incur any liability to me or to our respec-
tive estates as a result of permitting my agent to exercise any
power.
This Power of Attorney shall not be affected by disability
of the principal.
this
IN WITNESS WHEREOF, I have hereunto set my hand and seal
14th day of April, 1986.
STATE OF COLORADO )
COUNTY OF BOULDER
The foregoing Power of Attorney was subscribed and sworn to
before me this __4_ day of April, 1986, by Zuhair Fayez.
Witness my hand and official seal.
:My commission expires:`
tary u is
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June 3, 1991
City of Aspen
130 South Galena Street
Aspen, CO 81611
Ladies and Gentlemen:
This letter shall serve as my consent as attorney -in -fact for
Zuhair Fayez, owner of Lone Pine Condominium Unit No. C-1, Aspen,
Colorado, to the submission of a land use application by Garfield
& Hecht, P.C. affecting Mr. Fayez' condominium unit.
Signed:
Burton L. Olm toad, Jr.
Fayez Properties
777 29th Street, Ste. 301
Boulder, CO 80302
(303) 440-0206
0 EXfMBR" B - 6
RESOLUTION OF THE PITKIN COUNTY PLANNING, AND ZONING COMMISSION
GRANTING THE LONE PINE TOWNHOUSES ASSOCIATION
SUBDIVISION EXEMPTION
Resolution No. 86-18
WHEREAS, an application was submitted to the Aspeil/Pi.tkin
Planning Office by the Lone Pine Townhouse Condominium Associa-
tion (hereinafter "Applicant") requesting; approval of subdivision
exemption for the purpose of adding approximately eighty-five
(85) square feet of living space and 33.75 square feet of storage
space to each of the 12 free market condominium units on Lot 2 of
the Lone Pine Subdivision; and
WIIEREAS, Section 4-2.1(b) of the Pitkin County Land Use Code
authorizes the Pitkin County Planning and Zoning Commission
(hereinafter "Commission") to consider insubstantial changes to a
recorded plat without notice or hearing; and
WHEREAS, the Commission did hold a public meeting on May 6,
1986 at which time At did hear evidence and testimony with
respect to the requested subdivision exemption.
NOW, TIIEREFORE, BE IT RESOLVED by the Commission that it
does hereby grant the Lone -Pine Townhouses Condominium Associa-
tion Subdivision Exemption subject to the following conditions:
Resolution No. 86-18
Page 2
1. All previous conditions of .approva.l for the Lone Pine
Project shall remain in full force and effect. This
approval is for the addition of approximately 120
square feet for each of the twelve (.12) units in the
Lone Pine Subdivision, Lot 2.
2. Prior to issuance of a Certificate of Occupancy for the
additions to any of the units, an amended Plat and
Condominium Maps shall be reviewed and approved by the
Aspen/ri.tici.n 1)1anning Office and County Attorney and
the approved amended Plat and Condominium Maps shall
then be recorded with the Clerk and Recorder of Pitkin
Country, Colorado.
APPROVED by the Commission at its regular meeting on June
17, 1986.
ATTEST:
h4th-a Iflow14
Barbara Norris, Records
Administrator Assistant
FK.3
PITKIN COUNTY PLANNING AND
ZONIN� .OMMISSION
By
Pete uy
Vice C1 airman
•
•
June 3, 1991
City of Aspen
130 South Galena Street
Aspen, CO 81611
Ladies and Gentlemen:
This letter shall serve as my consent as President of the Lone
Pine Townhome Association, Aspen, Colorado, to the submission of a
land use application by Garfield & Hecht, P.C. affecting all of the
free-market Lone Pine Townhome Condominiums.
Signed:
Roberta Allen
Allen, Sharkey, Braden and McCormick
610 E. Hyman Avenue
Aspen, CO 81611
(303) 920-1234
RONALD GARFIELD*
ANDREW V. HECHT**
ROBERT E. KENDIG
MICHAEL J. HERRON***
JANE ELLEN HAMILTON
CATHERINE H. McMAHON****
*also admitted to
New York Bar
--also admitted to
District of Columbia Bar
...also admitted to
Florida Bar
**"also admitted to
Illinois Bar
HAND DELIVERY
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
June 24, 1991
Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena
Aspen, CO 81611
RE: Lone Pine subdivision Amendment
Dear Kim:
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
Uv�
ID ,_ ________�
t
JUN 2 41991
1
I
Enclosed for your review is an application submitted by the
Lone Pine Townhome Condominium Association, Inc. and Zuhair Fayez
(owner of Unit C-1, Lone Pine Condominiums) asking for a
subdivision amendment to allow the enclosure of the decks located
off the master bedrooms in all twelve free-market Lone Pine
Condominiums and the expansion by Mr. Fayez of his unit, as more
fully described in the application. The following documents are
submitted to you:
1. Application fee in the amount of $870.00;
2. Preapplication conference form;
3. Application (four each);
4. Original executed consents; and
5. Site plan (four each).
As the Applicants wish to begin construction this building
season, we would appreciate your prompt attention to this matter.
Sincerely,
GARFIELD & HECHT, P.C.
Jan Ellen Hamilton
JEH/bc
Enclosures
cc: Buck and Peggy Olmsted (w/o enc.)
• •
LAND USE APPLICATION
I. INTRODUCTION.
This land use application is submitted to the City of Aspen by
the Lone Pine Townhome Association, Inc. and by Zuhair Fayez, owner
of Unit No. C-1 Lone Pine Townhome ("Applicants"). This
Application seeks to secure approval for the Applicants to enclose
the second floor decks opening off the master bedrooms of the Lone
Pine Townhomes and for approval by Mr. Fayez to add an addition to
his townhome so that it is brought into conformity with the other
Lone Pine townhomes.
II. BACKGROUND.
The Lone Pine Townhomes were created in 1979 as evidenced by
the Lone Pine Subdivision Exemption Plat recorded in Plat Book 7 at
Page 60. The Condominium maps are recorded in Plat Book 10 at Page
35. The approvals created employee housing units on Lot 1, twelve
free-market units on Lot 2 and common open space as shown on the
Plat. This Application applies only to the free-market units.
When the approvals were granted, the Townhomes were located in
unincorporated Pitkin County and all approvals granted conformed
with the zoning requirements in place at the time. The Lone Pine
property was annexed into the City of Aspen in 1989 by Ordinance
15, Series of 1989 and as shown by the annexation plat filed in
Plat Book 22 at Page 46. After annexation, a zoning of RMF-A was
assigned to the property. A calculation of existing and proposed
FAR for the free-market townhomes is attached as Exhibit "A".
In 1986, the Pitkin County Planning and Zoning Commission by
Resolution No. 86-18 approved an addition of approximately 118
square feet of living room expansion and storage area to each of
the townhomes. A copy of this Resolution is attached as Exhibit
"B". To date, all townhomes have added the approved living room
expansion except for Mr. Fayez, and it is not known if any of the
townhomes have added the storage space. Although an amended plat
should have been prepared and recorded after the additions were
completed, such an amendment was never recorded. An amended plat
will be recorded reflecting the bedroom/storage additions and any
additions approved as requested by this application.
III. REQUEST FOR AMENDMENT TO SUBDIVISION DEVELOPMENT ORDER.
A. Bedroom Deck Enclosures - The Applicants hereby request
approval pursuant to Section 7-1006(A) of the Land Use Regulations
of the City of Aspen (the "Regulations") for an insubstantial
amendment to the Lone Pine condominium approvals allowing the
enclosure of the decks located off the master bedrooms in each
townhome. According to Michael Ernemann (the architect for the
Lone Pine Townhomes when built), the material and installation
plans specified that the decks located off the master bedrooms
(which face south on the second floor of the units) be constructed
using a waterproof membrane overlain by concrete. Mr. Ernemann
states that the contractor who built the townhomes, Greer
Construction, did not follow the specs, and instead of using a
waterproof membrane used building paper (which tears readily and
thus leaks) overlain by concrete. The result of this construction
oversight is increasing leakage in many of the units from the
second floor decks through the living room ceilings. Despite
several years of attempts to rectify the problem, it appears that
nothing short of either completely tearing out the decks and
underlying living room ceilings or enclosing the decks will prevent
the ongoing leakage. The Lone Pine Townhome Condominium
Association has voted in favor of enclosing the decks based upon
considerations of cost, convenience (ie., speed of construction)
and aesthetics. A letter on this matter is attached as Exhibit "C"
from Don Westerlind of Alpine Construction. Alpine Construction
has been involved for years in attempts to correct the leakage
problem. The decks are shown on the Lone Pine condominium plat as
limited common elements, so there will be no additional site
coverage nor addition of square footage.
B. Addition to Unit C-1 - The Lone Pine Townhomes were
designed on a modular concept of approximately 20 feet per unit.
All units except for Unit C-1 are one module wide and two stories
high. Unit C-1 is three modules wide, and two stories high over
only one of the three modules. Consequently, as it stands, Unit C-
1 is already different than the rest of the units.
As of this date, all units except Unit C-1 have done an
extension to the living rooms which involves a small modification
(approximately 86 square feet) of the footprint of the building.
The owner of Unit C-1 plans to do the same modification to his
living room along with the other proposed renovations. (The
existing and proposed modifications, as shown by elevations and
floor plans, are attached hereto as Exhibit "D"). This
modification to the living room is the only proposed change that
affects the footprint of the structure.
All remaining proposed modifications to Unit C-1 occur within
the existing framework of the structure or over the two single -
story modules of the unit. In order to make the two one-story
modules more congruous with the architecture of the complex, they
were in the beginning designed with high sloping ceilings so that
from the outside the roofs were lower, but not a full story lower.
Because the rooms are small in these areas, the ceiling height
has always been disproportional to the spaces. In looking for ways
to increase the size of the rooms, it made good sense to eliminate
these high ceilings, increase the size of the existing rooms by
eliminating one bedroom on the ground floor, and add it back onto
the unit with a second floor addition. Because there are a number
of children in the owner's immediate family, Mr. Fayez decided to
add a Den/TV room in an out-of-the-way location, which when used
would disturb the rest of the household as little as possible.
•
•
The end result of this renovation is as follows:
1. The number of bedrooms remains the same as existed before
the renovation and as exists in the other free-market
townhomes (3), but each has increased in size.
2. The Living/Dining/Kitchen areas increased in size.
3. One full bathroom has been added.
4. One Den/TV room has been added.
5. The roof lines of the unit are now more consistent with
the other units in the complex. All exterior finishes,
windows, etc. will match those existing.
6. Mr. Fayez has agreed to make whatever landscape additions
are required by the Condominium Association on the
immediate west side of the unit. Presently, the
landscaping is minimal; with this addition the complex
will be significantly upgraded.
7. The master bedroom will be increased in size. This
increase occurs by enclosing an existing outdoor deck
which is positioned over the living room. Although the
leakage from the deck has not consistently been a problem
in this particular unit, decks have been the source of
ongoing leaks in a number of other units. By enclosing
the deck, the bedroom is increased in size and the
leaking problem is solved.
The additions proposed to Unit C-1 bring the exterior of the
unit more into conformity with the existing Lone Pine townhomes.
The unit will have the same number of bedrooms, baths and parking
spaces as have all the free-market townhomes (3/3/2). When the
Lone Pine Townhomes were approved by Pitkin County, the ratio of
bedrooms to parking spaces conformed with the existing zone
district. When the City annexed the property the three bedroom/two
assigned parking place mix became a "grandfathered" or pre-existing
non -conformity. Because there is no proposed addition of bedrooms,
the Applicants should not be penalized by being forced to secure a
third parking space simply by virtue of other additions to the
townhome. Because the number of bedrooms will not increase, and
because Section 5-301 of the Regulations provides that the number
of off-street parking spaces is determined by the expansion in a
development based upon residential bedrooms, the Regulations do not
require the addition of a parking space based upon this
application.
IV. SUMMARY.
Enclosed as Exhibit "E" are plans showing the Lone Pine
Townhomes as they will look following the deck enclosures and the
addition to Unit C-1. These exhibits have also been reduced for
0
convenience. Further, the survey of existing conditions requested
by the Planning Office is included, with all items requested by the
Planning Office of the surveyor. The Applicants respectfully
request approval of this Application and vesting of the approval at
the public hearing which will be held at the second reading on the
approval ordinance.
By tU
(' J ne Ellen Hamilton
I
J6l� Z&
ORDINANCE 34
SERIES 1991
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING THE
ENLARGEMENT OF UNIT C-1, ENCLOSURE OF SECOND FLOOR DECKS,
AMENDMENT OF THE LONE PINE CONDOMINIUM PLAT FOR THE 12,FREE MARKET
UNITS LOCATED ON LOT 2 OF THE LONE PINE CONDOMINIUM PLAT AND
VESTING OF DEVELOPMENT RIGHTS
WHEREAS, prior to the annexation into the City of Aspen in 1989,
the twelve free market Lone Pine Condominiums received approval by
the Pitkin County Planning Commission to enlarge each free market
unit by 118 square feet; and .
WHEREAS, a condition of this approval was the requirement to amend
the L--ne Pine Condominium Plat to reflect the expansions; and
WHEREAS, eleven of the twelve units on Lot 2 have completed the
118 square foot expansions, but the amended plat had not been
filed; and
WHEREAS, in order to correct a problem of leaking second floor
decks, the Lone Pine Condominium Association and Zuhair Fayez
("Applicants") submitted a proposal to enclose the deck areas with
approximately_72 square feet of floor area per unit; and
WHEREAS, Mr. Fayez also requests to expand his unit (C-1) by
approximately1833 square feet in order to remodel and add a
bathroom and den/t.v. room; and
WHEREAS, the Planning Office received an application for approval
the second floor deck enclosures, expansion of unit C-1, and
amendment of the Lone Pine Condominium Plat including past and
proposed expansions; and
WHEREAS, the Planning Office received positive referral comments
from the Engineering Department; and
WHEREAS, finding.that the proposed 'add itior)s met the.dimen_sional
requirements of the RMF-A zone district, the Planning Office
recommended approval of the expansions with conditions; and
WHEREAS, the Aspen City Council having considered the Engineering
Department's and Planning Office's recommendations, does wish to
grant approval for expansion of the Lone Pine Condominiums and
amendment to the Subdivision Plat, with conditions; and
WHEREAS, a request for Vested Rights for the development approval
was included in the application for expansion and plat amendment;
and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code
the City Council may grant Vesting of Development Rights for a
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section'4: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development*plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following -
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 5: A public hearing on the Ordinance shall be held on the
q,4A— day of 111le 1 1991 at 5:00 P.M. in the City Council
C ambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which a hearing of'public notice of the same shall be published
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ
y Council of
AND ORDERED PUBLISHED as provided by law, by the
the City of Aspen on the day of
1991.
ST: V
14
Kathryn Koch,'City.Clerk
Q""/- L3"__�
John Bennett, Mayor
F ALLY, adopted, passed and approved this day of
1991 .
John gennett, Mayor
A ST:
Kathryn. Koc City CleiFk
r'.
�Jt7tJ-21-1996 11 �6 FRAM ASPEN/PITKIN COM DEV TO 9-9255445 P.01
Glenn Daly "N ?r=.
River Bluff Townhome association
0155 Lone Pine Rd.
Aspen, .Co. 8.1611 November 13, 1996
RE: Deck X ansio^ App rov4is
E p .
Dear Mr. Daly,
I am responding to your August 12, 1996 lettcr which you sent to Dave Michaelson, who
is no longer with the Planning Office. 1 was the planner who originally worked on this case in
199I so lam familiar with the issues. Ordinance 34 of 1991 approved and vested the rights to
improve and slightly expand the Lone Pine units as specified. Vcsted rights protect as approved
project against any code•changes which might prohibit such a project. The timefrwne for vested
rights has lapsed but your approvals set forth to Ordindnce 34 are still in effect. The only risk
at this point ivould be if the City decided to change the land use regulations in such a way that
would warrant thc•dcck projects unworkable. L foresee no such code changes in the near future
which might affect your 1991 approval. 1 would impress upon your homcowners, however, that
completing the deck enclosures as soon an feasible is the best way to eliminate•aay potential
pitfalls with the 1991 approval and potential land use code amendments.
Please feel free to make copies of this letter for your homeowners, They can attach this
letter to building permit applications as documentation of the Lone Pine's status for the deck
work as of this time. If you have any questions al=e do not hesitate to call me at 920-5090.
Sincerely,
+r ots* !
Rost -it- Fax Note 7671 oateet_if(,( page
From 6'CEA)N
To
Co.
im Jahnsan coloept.
Phone
Planner Phone
Fax Y
Fax rr
t
EMI8IT" A - Attachment "E"
4/2/91
Lone Pine Condominiums
Floor Area Ratio Calculations For Free Market Units
Lot Area:
Lot 2
1.50 ac
Common
.41 ac
Common
.07 ac
Common
.14 ac
Total
2.22 ac (96703 sf )
Floor Area Ratio ( FAR):
.36:1
Allowable Building Square Footage:
.36 x 96703 sf = 34813 sf
Existing Building Square Footage:
Building C:
Unit C 1-
First Floor, plate height of 10 ft. or less 586
plate height of 11 ft. 592 x 1.05 = 622
plate height of 13.5 ft. 39 x 1.175 = 46
plate height of 17.2 ft. 84 x 1.36 =114
Sub -total 1368
Second Floor, plate height of 10 ft. or less 283
plate height of 12 ft. 121 x 1.21 = 133
plate height of 15 ft. 63 x 1.25 = 79
Sub -total 495
Storage 77
Total 1940
Unit C 2- ( also units D 7, E 1 )
First Floor, plate height of 10 ft. or less 490
plate height of 11 ft. 489 x 1.05 = 513
Sub -total 1003
Second Floor, plate height of 10 ft. or less 698
plate height of 11 ft. 125 x 1.05 =131
plate height of 13.5 ft. 55 x 1.175 = 65
Sub -total 894
Storage 90
Total 1987
Building D
Unit D1-(also unit D2)
First floor, same as unit C 2 1003
Second Floor, same as unit C 2 894
Storage 49
Total 1946
Unit D 3- (also units D 4,5,6,& E 2,3 )
First Floor, same as unit C 2 1003
Second Floor, same as unit C 2 894
Storage 67
Total 1964
Building F 862
Total
Building C- Unit C 1-
1940
Unit C 2-
1987 x 3 = 5961
Building D- Unit D 1-
1946 x 2 = 3892
U n it D 3-
1964 x 6 =11784
Building F-
862
24439
Approved additional square footage:
-44-Z!5"sf per unit for 12 units
Garages: Square footage is less than 500 square feet per unit and is therefore
exempt from F.A.R. calculations, per meeting with Planning Office on 4/2/91.
Total existing F.A.R. ( and pre approved additions ). _26681- Z!)-
bS�
Prepared by Thomas Landless A.I.A. for Fayez Properties, Boulder CO.
FROM THE DESK OF... ��-5 ��
.. C(/zf�gC
63�
L ULS.5BERG
Vice President
The Lansc: Corporation
866 Third Avenue New York, NY 10022
Fax (212) 376-5100 • -_ (212) 376-5555 Ext 279
FROM THE DESK OF...
///Z- I e�'lf I r. - �
JEROME D. GINSBERG
Executive Vice President
-7 C"C' -"f' Z tv, "'e�
4t
sit 7-Z7�
The Lansco Corporation
866 Third Avenue, New Ycrk, NY 10022
Fax (212) 376-5100 9 Te, (212) 376-5555 Ext 279
Master Bedroom -Plan ..�
Master Bedroom- Plan
%= V:o"--
RONALD GARFIELD*
ANDREW V. HECHT**
MICHAEL J. HERRON* * *
DAVID L. LENYO
KRISTI S. FERRARO****
PATRICK D. McALLISTER*****
• also admitted to
New York Bar
•• also admitted to
District of Columbia Bar
••• also admitted to
Florida Bar
•••• also admitted to
Pennsylvania Bar
••••• also admitted to
Pennsylvania Bar and
New Jersey Bar
HAND DELIVERED
OCT 2 0 1995
GAR FIELD & HECHT, P.C.
XVGLOfV r NT
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
counsel:
601 EAST HYMAN AVENUE
ROBERT E. KENDIG
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-1936
TELECOPIER
(970) 925-3008
October 20, 1995
Ms. Leslie Lamont
Assistant Planner
City of Aspen Planning Department
130 South Galena Street
Aspen, Colorado 81611
Re: River Bluff Townhome formerly known as
Lone Pine Townhouses
Dear Leslie:
If you will recall earlier this year, I contacted you concerning the desire of Lone
Pine Townhouse Condominiums Association, Inc. to change its name and the name of
its project so that the Association's name would be River Bluff Townhhome Association,
Inc. and the name of the project would be River Bluff Townhome. At that time, i
discussed with you my desire to accomplish this change on behalf of my client at the
least possible expense and the fact that causing the Plat or Map to be reprepared and
recorded would be somewhat expensive. I advised you that I wanted to do it by a
simple amendment to the Declaration and Map that would be recorded in the real
estate records. You discussed this with John Worcester, the City of Aspen's attorney,
and he advised you that it was his opinion that this would be acceptable. You then
requested that I inform you at such time as that amendment was accomplished.
Enclosed please find a photocopy of the recorded Second Amendment To The
Condominium Declaration For The Lone Pine Townhouse Condominiums and
•
•
Ms. Leslie Lamont
October 20, 1995
Page 2
Condominium Map recorded on September 11, 1995 in Book 793, Page 151, of the
real estate records of Pitkin County, Colorado. This document is affected by changes
in the name enumerated above.
['I I .� ,n �rZ nr�e n�+_ I --ern aF ce +o p
13Ilould you Ilavn 'n quC�uvfl�, fil�a�c rCCI Ilcc w ContaC� me.
Very truly yours,
'a , li tnx-lee—
Michael Herron
Enclosures
M) H\chc
cc: Mr. Glenn Daly
r \mjh\riverbl Ntrs\ I am ont. Itr
385260 8-793 P-151 09/11/95 02-23P PG 1 OF 11 REC DOC NI
SILVIA DAVIS F'I"rKII\l COUNTY CLERK & RECORDER 56.00
SECOND AMENDMENT
TO
THE CONDOMINIUM DECLARATION
FOR
THE LONE PINE TOWNHOUSE CONDOMINIUMS
AND CONDOMINIUM MAP
This Second Amendment ("Second Amendment") to the Condominium
Declaration For The Lone Pine Townhouse Condominiums and Condominium Map is
made this 1st day of May, 1995 executed by the various Unit Owners of
Condominiums who execute this Second Amendment.
RECITATIONS
A. On the 14th day of July, 1980 the Condominium Declaration For The
Lone Pine Townhouse Condominiums ("Declaration") was recorded in Book 391 at
Page 613 of the Real Estate Records of Pitkin County, Colorado, and amended by the
First Amend-ment recorded in Book 395 at Page 5 71. The Declaration created The
Lone Pine Townhouse Condominiums ("Condominium"). The Condominium Map for
the Condo-minium was recorded on July 14th, 1980 in Plat Book 10 at Page 12 of
the Real Estate Records of Pitkin County, Colorado, and amended by the First
Amendment recorded in Plat Book 10 at Page 39.
B. The Declaration provides in paragraph 22 that it may be amended by
Unit Owners owning an aggregate ownership interest of eighty percent (80%) or more
of the General Common Elements of the Condominium. Various owners of
Condominium units owning in excess of eighty percent (80%) of the General
Common Elements in the Condominium desire to make amendments to the
Declaration and to the Condominium Map as set forth herein and have execute- this
Second Amendment for the purposes stated herein.
1. All of the capitalized terms contained in this Second Amendment are
either defined herein or defined in the Declaration.
2. Paragraph 1, section 1.7 of the Declaration is hereby amended to change
the name of the Association of Unit Owners from the Lone Pine Townhouse
Condominiums Association, Inc., a Colorado Non Profit Corporation to River Bluff
Townhome Association, Inc. All references in the Declaration and in the
385260 H-793 F'-152 09/ 1 1 /95 ► 2:23F, PIG ` OF 11
Condominium Map shall hereinafter be deemed to be amended to provide that the
name of the Association is River Bluff Townhome Association, Inc.
3. Article 1, Section 1.1 1 is hereby amended to provide that the Map is
amended to provide that the name of the Condominium is the River Bluff Townhome.
4. Paragraph 8 the Declaration is hereby amended to delete the indented
verbiage set forth therein and to substitute in its place the following:
Condominium Unit , Building , River Bluff
Townhome, according to the Condominium Map appearing
in the records of the County Clerk and Recorder of Pitkin
County, Colorado in Plat Book 10 at Page 12, amended by
the First Amendment recorded in Plat Book 10 at Page 39,
and as described in the Condominium Declaration for Lone
Pine Townhouse Condominiums appearing in such records
in Book 391 at Page 620, and amended by the First
Amendment recorded in Book 395 at Page 571, as such
Declaration and Map have been amended by that certain
Second Amendment recorded in Book at Page
of the Real Estate Records of Pitkin County, Colorado
wherein the name of the Condominium was changed to
River Bluff Townhome.
5. Except as amended herein the Declaration and the Map remain in full
force and effect. The sole purpose of this Second Amendment is to change the name
of the Condominium and the Association to River Bluff Townhome and River Bluff
Townhome Association, Inc., a Colorado Non Profit Corporation respectively.
6. This Second Amendment may be executed in several counterparts and,
after execution and as executed, shall constitute an agreement binding on all of the
parties, notwithstanding that all of the parties are not signatory to the original or same
counterpart.
SIGNATURES AND ACKNOWLEDGEMENTS ON FOLLOWING PAGES
2
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
0 - lilk-
Unit Owneq
Condominium Unit 2 Building
Percentage Interest 8.333%
STATE OF )
ss.
COUNTY OF�k )
Before me the undersigned authority personally appeared R_&—tU4 C�
and executed this instrument this cPa day of 0'1u , , 1995.
Witness my hand and official seal.
My commission ex 'r s: l
VERA B. IA VAra `-(
COMM. # 106OD45 Qi10.,
Notary Public — "fania Notary Public
LOS ANGELES COUNN
My Comm. E4* Q—JM 19.1999
3tt i4 t,4? B-79. P-1 _=L: 09 % 1 1 r 95 0L . L3P PIG n 1 1
riverbMdocs\amendcon.002
3
r' r
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
U ' wrier
rndominium Unit 50, Building J.r
Percentage Interest 8.333%
STATE OF �✓.�Lf� dam! )
ss.
COUNTY OF
Befor me the undgrsigd auth,�rity personally appeared
and executed this instrument this _L7_ff-day of
Witness my hand and official seal.
My commission expires:
1995.
JULES R. DANTO
Notery Public, State of New York
No. 07•0A3917350
QUOIN ifi KORS County
COfflthihidii Elfpitfls May 31, 19(:/
B--793 P,-1�4 09/11/9'15 0'2' :3P, PIG 4 01' 11
riverblfldocs\amendcon.002
3
•
0
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
nit Owner
Condominium Unit Building
Percentage Interest 13-3%
STATE OF TEXAS )
ss.
COUNTY OF TARRANT )
Before me the undersigned authority personally appeared
Frances Ginsburg
and executed this instrument this 22nd day of May , 1995.
Witness my hand and official seal.
My commission expires:
SANDRA CRAWFORD
NOTARY PUBLIC
o STATE OF TEXAS
My Comm. Exp. 6-15-96
��gQq�g4444444
dalyx-cfc�l
Notary Public
" J"- k-ti P-793 F1-155 09 / 1 1 /95 02 : 23P, PIG 5 OF 11
riverb1fldocs\anundcon.002
3
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
Unit Owner
Condominium Unit Building
Percentage Interest 8. 33%
STATE OF )
ss.
COUNTY OF rx-, x.., )
Before me the undersigned authority personally appeared
and executed this instrument this .95- day of Ind , 1995.
Witness my hand and official seal.
My commission expires:g�g?-
Notary
38526.0 B-793 P-156 09 r 1 1 /95 02 : c P PIG 6 Or 1 1
riverb1fldocs\amendcon.002
3
i
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
Percentage Interest 8.333% v
STATE OFLlZ[ C�
�Q ) ss.
COUNTY OF
Before me the undersigned authority personally appeared
MvF-,/P,,9Y (-1 . P/TT
and executed this instrument this � day of
1995.
Witness my hand and official seal.
My commission expires:
Notary Public M I LDR E D S. HLAD
Notary Put:. Wayne Ccunty, Michitan
My commis-. Expires June 15, 1997
L�J
385,2 0 B-79 � P-157 �'�5 i :t i i 95 1� —' — —'P Pr 7 OF 1
c.
L n
riverb1f\docs\amendcon.002
3
•
•
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
O��7 oy-,L� /,/�- //2
M `' la— jZ ,r 7-0 --J, M n
Unit Owner
Condominium Unit , Building 2a^J£ t1',
Percentage Interest 8.333% ' ,-7—
gs ar��
-to �0141r�t L WYr-)
STATE OF
ss.
COUNTY OF ja2LLC )
Before me the undersigned authority personally appeared ,
and executed this instrument this W"dav of
Witness my hand and official seal.
My commission expires:
No"tt � o Public
�y c«.a■w.6�r.� NM � 1
111
1995.
47
/ Jam! /-� CG iv 0 yi-I /-V,V -4
3,95260 B-793 R-158 09/ 1 1 /95 0;_ :'3P PIG a OF 11
3
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
Unit Owner
Condominium Unit �� , Building
Percentage Interest 8.333%
STATE OF )
ss.
COUNTY OF )
Before me the undersigned authority personally appeared
and executed this instrument this / day of
Witness my hand and official seal.
My commission expires
-1,2,/1/y6�;
State of-� U ,County of
Signed W(ge me en this Oa`!
Notary Public
ARLEcN GIN
NOTAP'> PUBLIC
STATE CF COLORADO
3195260 B-793 P-159 09i' 1 1 /95 1212 e 22•F' FIG 9
riverblMoa\amendcon.002
OF 11
1995.
3
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
1 G
Unit Owner
Condominium Unit < < , Building4��
Percenta e Interest 8.333 %
Unit Owner
Condominium Unit, BuildingIL-2
Percentage Interest 8.333 %
t Owner
Condominium Unit �, Building
Percentage Interest 8.333 %
Unit Owner
Condominium Unit Building
Percentage Interest 8.333 %
STATE OF
ss.
COUNTY OF
Before me the undersigned authority personally appeared %�
L(:-
,
GCL- ✓h� AL-1 Z19C?LTY� �LLL�aI �/I y—� �JO if
and
executed this instrument this _��`day of ,�-�,g� , 1995.
Witness my hand and official seal.
My commission expires:
,:'-�_
Notary blic ✓3 L\o
OF 'c')
3815260 P-793 G-160 09 / 1 1 /95 02 e 23P PG 10 OF 11
3
FA
COUNTERPART AND SIGNATURE PAGE
FOR UNIT OWNER
ID
Unit Owner
Condominium Unit Z, Building
Percentage Interest 8.333%
/,,� /7�
J1ti1L V! C/�
) SS. .,
COUNTY OF 1 K ► � )
Before me the undersigned authority personally appeared 1IIeK" G% C- -
and executed this instrument this _JfT jay of
Witness my hand and official seal.
My commission expires-
Notary Publi
1995.
AMY M. KARMAZONtNOTARY PUBLIC
PITKIN COUNTY BANK 8 TRUST
P O BOX 3677 ASPEN. CO 81612
MY COMMISSION EXPIRES 10/01/97
:-285L60 B-7932 F'-161 09 / 1 1 /95 k' 2: �3F, FIG 11 OF' 1 1
riverblAdocs\amendcon.002
3
/-re
ro
/ l
MEED COPS''
NONPROFJT
ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION
+
FOR
LONE PINE TOWNHOUSE CONDOMINIUMS ASSOCIATION, INC.
951092135 M $25.00
SECRETARY OF STATE
07-270-95 11:43
Pursuant to the provisions of the Colorado Corporation Code, set forth in Title
7 the number of the Colorado Revised Statutes, hereinafter the "Code", the
undersigned Corporation adopts the following Articles of Amendment to its Articles
of Incorporation:
ARTICLE 1
The name of the corporation is Lone Pine Townhouse Condominiums
Association, Inc.
ARTICLE 11
The following amendment was adopted by the Corporation pursuant to a
Resolution unanimously adopted by the members of the Board of Managers on the
V day of 1995, in the manner prescribed by the Code,
and by a vote in excess of seventy-five percent (75%) of the members entitled to vote:
ARTICLE 1 - shall be deleted in its entirety and the
following substituted in its place:
ARTICLE 1 - The name of the corporation is River Bluff
Townhome Association, Inc., a Colorado Non -Profit
Corporation.
ARTICLE III
Except as amended herein, the original Articles remain in full force and effect.
951123073 M '30. 00
SECRETAR't OF STATE
10-05-95 12':11
Attest:
Lone.Pine Townhouse Condominiums Association, Inc.,
a Colora 6 Non Profit Co oration
By:
Glenn Daly, President
By: le
Arleen Ginn, Assistant Secretary
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of .
9.4- , 1995 by Glenn Daly as. President, and Arleen Ginn as Secretary,
of the Corporation. '
Witness my hand and official seal.
My commission expires: ;, l> 9 � � � •
Notary P41ic
The undersigned being the members of the Board of Managers of the Corporation
hereby consent to the foregoing amendment to Articles of Incorporation.
riverbI ndocskorp.10a
-2-
0 10 M14
MEMORANDUM
TO: Mayor and City Council
THRU: Carol O'Dowd, City Manager n1' /
THRU: Amy Margerum, Planning Directo$� �/•v
FROM: Kim Johnson, Planner ���NNN
RE: Lone Pine Subdivision/Condominium Plat Amendment and
Vested Rights, Second Reading of Ordinance 34, Series
1991
DATE: September 9, 1991
------------------------------------
------------------------------------
SUMMARY: The Planning Office recommends approval of the Lone Pine
Subdivision/Condominium Plat Amendment with conditions. The
amendment will allow enclosure of several small decks within the
complex and the expansion of Unit C-1. In addition, the plat will
be updated to reflect other minor construction which has occurred
in the past several years. The applicants also request vested
rights for three years to be included within the approval.
First Reading of Ordinance 34 was on August 12, 1991. The
applicant requested Council's consideration to submit building
plans prior to final approval of the plat amendments. In
accordance with the process outlined in the land use regulations,
Council did not approve the applicant's request.
COUNCIL GOALS: This project reflects Council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
CO -APPLICANTS: Lone Pine Condominium Association and Mr. Zuhair
Fayez (owner of unit C-1), represented by Jane Ellen Hamilton of
Garfield and Hecht, P.C.
LOCATION: The subject property is north and east of the
intersection of Gibson Ave. and Red Mountain Road, south of Lone
Pine Road. The request is specific to the free market condominiums
on the south side of the parcel. See location map, Attachment "A".
ZONING: RMF-A (Residential Multi -Family, recently annexed into the
City)
PROCESS: Pursuant to Section 24-7-1006 B. of the Municipal Code,
the City Council may approve an amendment to a plat if the proposed
change(s) is consistent with the approved plat.
This shall occur as a one-step review by City Council, and be
approved by ordinance adoption. Vested rights approval will be
included within the ordinance.
APPLICANT'S REQUEST/PROPOSAL: The applicants request an expansion
of Unit C-1 by approximately 833 s.f. Mr. Fayez, owner of unit
C-1, seeks this expansion to increase the size of existing rooms
and rearrange the floor plan, making his unit more architecturally
consistent with the other units in the complex, as viewed from the
exterior. The proposed square footage of unit C-1 will be
approximately 2,770 s.f. The existing unit has three bedrooms and
three baths. The proposed renovations will yield three bedrooms,
four baths and one den/t.v. room. See Attachment "B", site plans
and elevations.
The application also requests approval to enclose second story
decks of approximately 72 s.f. which have been leaking into the
first floor of several of the units. This solution will negate the
need to tear out the ceilings of the units for major structural
changes. Please see Attachment "C" for comments from Alpine
Construction and typical elevation of proposed deck enclosures.
Regardless of receipt of approvals to expand unit C-1 and enclosure
of the leaking decks, the condominium map must be amended to
reflect several minor expansions which were approved and built
prior to this property's annexation into the City of Aspen in 1989.
Approvals were granted by the Pitkin County Planning Commission in
1986 to allow a 118 s.f. addition to each unit for living room
expansion and storage. Eleven of the twelve units completed this
expansion. A plat amendment should have occurred at that time, but
one was never filed.
The total proposed amendments to the original 1979 Lone Pine
Condominium plat (including 1986 approval and current request) will
result in floor area expansion of approximately 3,113 s.f and site
coverage expansion of 122 s.f. for unit C-1. Please see staff
comments below for further breakdown of FAR data.
REFERRAL COMMENTS: Rob Thomson of the Engineering Department has
the following comments:
1. The applicant must furnish an amended condominium map that
meets the requirements of Section 24-7.1004.2.1-12. Due to
possible design changes the plat must reflect an as -built condition
and be recorded prior to final inspection.
2. It appears that the proposed development will change the
historic run-off for storm water. Per Section 24-7-1004C.4.f of
the municipal code, all but historical drainage must be maintained
on site. The applicant must demonstrate to the engineering
department that the drywells are sufficient to accommodate drainage
on site by providing calculations from an engineer registered in
the State of Colorado. We also need the engineer to comment on the
functional aspects of the facility in order to determine that it
can be cleaned for continual, proper performance.
3. The applicant must agree to join a Special Improvement District
if one is ever formed for the purpose of constructing improvements
in the public right-of-way. This must be shown on the plat.
4. If planning and/or zoning reclassify or consider the den/tv
room as a bedroom the applicant must provide an additional parking
space.
5. 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). (Attachment
I'pn
STAFF COMMENTS: The Lone Pine Condo Plat consists of two lots.
Lot 1 (approximately .69 acre) contains 28 affordable housing units
with their own homeowner's association. Lot 2, the 2.22 acre
subject parcel for this application, contains twelve free market
units.
Section 24-1006 B. allows Council to grant amendments to plats if
the changes are consistent with the approved plat. The original
plat for these condominiums was filed in 1979. Prior to the
parcel's annexation in 1989, the Pitkin County P&Z approved minor
expansions (118 s.f.) for each unit. To date, eleven of the twelve
units added this area. However, the original plat was not updated
afterwards as required by the County P&Z approval. In addition to
these changes, the proposed deck enclosures and expansion to unit
C-1 will require a plat amendment. The Homeowner's Association
wishes to accomplish all of the plat revisions at one time as
requested by the Planning Office.
Other than updating the plat to reflect past changes to the
structures, the issues which should be considered for the proposed
deck expansions and enlargement of unit C-1 are:
Floor Area: The site area for Lot 2 (the free market condominium
parcel) contains 2.22 acres which includes .62 acres of common open
space. Maximum floor area allowed in the RMF-A zone for this lot
is .36:1, or 34,813 s.f. Calculations provided by the applicant
indicate that the project currently includes 25,855 s.f. If this
proposal is approved the resulting floor area will be 27,552 s.f.:
Existing FAR - 25,855 s.f. (includes 1986 approval)
Proposed deck enclosures - 864 s.f. (72 s.f. X 12 units)
Proposed expansion of unit C-1 - 833 s.f.
total existing and proposed s.f. - 27,552 s.f.
Maximum allowed FAR - 34,813 s.f.
Site Coverage: With the expansion of unit C-1, the site coverage
for Lot 2 will be increased by approximately 122 s.f. Total
0
current site coverage is approximately 20,366 s.f. The new area
represents an increase of site coverage increase of roughly .006%.
Parking: This proposal will not increase parking needs as new
bedrooms are not being created, according to the application. As
mentioned by the Engineering referral and substantiated by the land
use code parking requirements in the RMF-A zone, the den/tv room
cannot be used as a bed room without providing an additional
parking space. Staff recommends that a note be included on the
amended plat stating that unit C-1 cannot contain four bedrooms
unless an additional parking space be approved by the Planning
Office and installed on Lot 2.
Please see Attachment "E" for development data from the
application.
STAFF RECOMMENDATION: Planning recommends approval of Ordinance
34, Series 1991 for the proposed expansions and amendment of the
Lone Pine Condominium Plat which will reflect these changes and
other expansions to date. Ordinance 34 approves a total of 864
s.f. FAR expansion for enclosed second story decks for the free
market units, 833 s.f FAR expansion for unit C-1, and 122 s.f. site
coverage increase for unit C-1 for Lot 2 of the Lone Pine
Condominiums. Planning also recommends vesting the development
rights for a period of three years.
The recommended conditions are:
1. The applicant must furnish an amended condominium map that
meets the requirements of Section 24-7.1004.2.1-12. Due to
possible design changes the plat must reflect an as -built condition
and be recorded with the Pitkin County Clerk and Recorder prior to
final inspection.
2. Per Section 24-7-1004C.4.f of the municipal code, all but
historical drainage must be maintained on site. The applicant must
demonstrate to the engineering department that the drywells are
sufficient to accommodate drainage on site by providing
calculations from an engineer registered in the State of Colorado.
The engineer to comment on the functional aspects of the facility
in order to determine that it can be cleaned for continual, proper
performance.
3. The applicant must agree to join a Special Improvement District
if one is ever formed for the purpose of constructing improvements
in the public right-of-way. This must be shown on the plat.
4. The plat shall state that "Unit C-1 shall contain no more that
three bedrooms. If the den/tv room is used as a bedroom, the
applicant must provide an additional parking space as approved by
the Planning Office."
F-XH113IT" L " Attachment "C"
ALPINE CONSTRUCTION CO., INC.
315 East main Street
Aspen, CO 81611
303/925-7007
FAX 920-3778
To Whom It May Concern:
Alpine Construction Co., Inc., has worked on the master
bedroom decks at the Lone Pine Townhomes for several years.
It is my belief that if the association is granted the
ability to enclose these decks with a sunroom system, some
of the individual owners would be able to solve a leaking
problem that many of the units have in common.
Sincerely,
Don Sten Westerlind
President
kar
MEMORANDUM 0-3
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer1�1
Date: September 3, 1991
Re: Lone Pine Subdivision Plat Amendment
Attached is documentation for your files that the applicant has
satisfied my comment number two of my July 29, 1991 memo to you
for the above referenced.
I have telephoned Jane Ellen Hamilton at Garfield and Hecht to let
her know.
cc Lone Pine Subdivision - File
rt/memo91.66
•
•
RONALD GARFIELD*
ANDREW V. HECHT**
ROBERT E. KENDIG
MICHAEL J. HERRON***
JANE ELLEN HAMILTON
CATHERINE H. McMAHON****
-also admitted to
New York Bar
--also admitted to
District of Columbia Bar
... also admitted to
Florida Bar
••••also admitted to
Illinois Bar
HAND DELIVERED
GAMELD & HECHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
August 26, 1991
Rob Thompson
City of Aspen Engineering Dept.
130 South Galena
Aspen, CO 81611
Re: Lone Pine subdivision Plat Amendment
Dear Rob:
AUG 2 6 1991
CITY CiNG1N_PER
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
Enclosed for your review is a letter from Jay W. Hammond,
P.E., of Schmueser Gordon Meyer, Inc. setting forth the results of
his site visit to the Lone Pine Condominiums with reference to your
concerns set forth in your memo to Kim Johnson dated July 29, 1991.
In that memo you indicated your concern that the proposed
development at the Lone Pine Condominiums might change the historic
runoff for storm water. Your memorandum requires that the
applicant demonstrate to you that the on -site drainage is
sufficient. I believe that Jay's letter will indicate that he does
not find any site drainage problems will arise by virtue of the
proposed expansion of Lone Pine Unit 1C.
If you have any questions regarding this issue, please call
either Jay Hammond, whose phone number is listed on his letter, or
the applicant's architect, Tom Landless, at 963-1617. Either or
both of them are available to meet with you at your convenience to
discuss this matter further, if necessary. If Jay's letter
satisfies your concerns regarding the proposed development, we
would appreciate receiving a telephone call from you to this effect
prior to the next City Council meeting.
Sincerely,
GARFIELD & HECHT, P.C.
fflzi-tl
a e Ellen Hamilton
JEH/bc
Enclosure
cc: Buck Olmstead (w/enc.)
Tom Landless (w/enc.)
SCHMUESERWON MEYER INC. Box 2155
pen, Colorado 81612
(303) 925-6727
Fax (303) 925-4157
August 23, 1991 CONSULTING ENGINEERS & SURVEYORS
Mr. Tom Landless, AIA
485 Valley Road
Carbondale, CO. 81623
RE: Lone Pine Condominium, Unit 1 C Drainage
Dear Tom:
I am writing in follow-up to our site meeting today regarding a proposed addition to unit 1 C of
the Lone Pine Condominium and whether site drainage would be impacted by the proposal.
Based on our meeting at the site and a review of the proposed addition plan, I observe that 76
square feet of existing concrete slab will be removed and replaced with lawn or landscaping. The
addition itself represents 90 square feet of new structure but is located over an existing patio slab
and therefore represents no new impervious area.
Based on these observations, and your indications that the owner intends no significant
modifications to the small berm adjacent to the patio which would serve to direct runoff down the
slope to the south, I do certify that the proposed remodel will not result in any detrimental
modification of historic drainage patterns.
I hope this will provide adequate response regarding drainage impacts associated with the Lone
Pine Condominium Unit 1 C remodel. Feel free to contact me if I may provide further information
or support these comments in any meetings with City of Aspen staff.
Respectfully Submitted,
SCHMUESER GORDON MEYER INC.
y . Hammond, P.E.
Principal, Aspen Office
JH/jh LPC1 C
1001 Grand Avenue, Suite 2-E • Glenwood Springs, Colorado 81601 9 (303) 945-1004
•
0
TO Kim Johnson
MESSAGE DISPLAY
From: Bill Drueding
Postmark: Aug 01,91 2:24 PM
Status: Certified Previously read
Subject: Reply to: Lone Pine application
------------------------------------------------------------------------------
Reply text:
From Bill Drueding:
We define a bedroom as a room used for sleeping
and in the configuration of containing a cloths
closet and or a full bath. it also has to have
a separate door and the proper egress windows as
required by the uniform building code. It does not
matter what you call the room or your intentioal use.
If the room fits the above, it is a bedroom.
Preceding message:
From Kim Johnson:
I requested referral comments from you regarding this proposal to add
a "den/tv room". Since the potential is there to use this as a
bedroom (with no corresponding increase in parking on the site,
please forward a statement reiterating the parking requirement and
the use of that room, for the record. Thanks for your quick reply as
I am working on the memo for Diane's review tomorrow.
rFJ • • v o•••
u
1)
Project Name Lone 1
wnnome wuuv«<1�...«�
2)
Project Incation according
to Ptat Book 7 at Page 60
(indicate street address,
lot & block mmber, legal description where
appropriate)
RMF -A
4)
Lot Size 2.22 a c .
3)
Present wing
5)
Applicant's Name, Address
& Phone f Lone Pine Townhome Condominium
Association, Inc. and Zuhair Fayez, c/o representative
6)
�r�tative's Name, Address
&Rune I Jane Ellen
Hamilton, _
Garfield & Hecht, P.C.,
601 E. Hyman Avenue, Aspen,
CO 81611
7)
Zype of Application (please check all that apply):
Conditional Use
Conceptual SPA
Cbrmceptl Historic Dev.
Special Review
Final SPA
Final. Historic Dev.
8040 Vreenline
Conceptual P[ID
Minor Historic Dev.
Stream Margin
Final PUD
Historic Demnolition
Mountain View Plane X
Subdivision
Historic Designation
Amendment
Cmdominiu ization
Ttxt/Map Amesm&rnt
CK�S Allotment
lot Split/lot Line
C11S E4e0ptign
Adjusboent
Descriptionof Existing Uses (number and type of CzLst ing st Uctzses:
8) approximate sq. ft.; number of bedrooms; any _previous approvals granted to the
prope ty) . -
Twelve (12) Free Market condominiums; 3BR-3BA each of varying square
footage; previousl ranted subdivision exemption approval by Pitkin
Count
g) Description of Development Application
Amendment to subdivision development order 7-1006 for enclosure of
bedroom decks and ex ansion of Unit C-1
10) Have you attached the follmdrq?
p&spmseto Attachment 2, Minimae Submission Contents
Response to Attacbment 3, Specific Submission Contents
p&spanseto Attact ent 4, Review Standanis for Your Application
2
Attachment "D"
MEMORANDUM
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer RS
Date: July 29, 1991
Re: Lone Pine Subdivision Plat Amendment
After reviewing the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. The applicant must furnish an amended condominium map that
meets the requirements of Section 24-7.1004.2.1-12. Due to
possible design changes the plat must reflect an as -built condition
and be recorded prior to final inspection.
2. It appears that the proposed development will change the
historic run-off for storm water. Per Section 24-7-1004C.4.f of
the municipal code, all but historical drainage must be maintained
on site. The applicant must demonstrate to the engineering
department that the drywells are sufficient to accommodate drainage
on site by providing calculations from an engineer registered in
the State of Colorado. We also need the engineer to comment on the
functional aspects of the facility in order to determine that it
can be cleaned for continual, proper performance.
3. The applicant must agree to join a Special Improvement District
if one is ever formed for the purpose of constructing improvements
in the public right-of-way. This must be shown on the plat.
4. If planning and/or zoning reclassify or consider the den/tv
room as a bedroom the applicant must provide an additional parking
space.
5. 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).
cc: Chuck Roth, City Engineer
rt/memo91.56
0 0
EXHIBIT" A y'
Attachment "E"
4/2/91
Lone Pine Condominiums
Floor Area Ratio Calculations For Free Market Units
Lot Area:
Lot 2 1.50 ac
Common .41 ac
Common .07 ac
Common .14 ac
Total 2.22 ac (96703 sf )
Floor Area Ratio ( FAR ):
.36 : 1
Allowable Building Square Footage:
.36 x 96703 sf = 34813 sf
Existing Building Square Footage:
Building C:
Unit C 1-
First Floor, plate height of 10 ft. or less 586
plate height of 11 ft. 592 x 1.05 = 622
plate height of 13.5 ft. 39 x 1.175 = 46
plate height of 17.2 ft. 84 x 1.36 = 114
Sub -total 1368
Second Floor, plate height of 10 ft. or less 283
plate height of 12 ft. 121 x 1.21 = 133
plate height of 15 ft. 63 x 1.25 = 79
Sub -total 495
Storage 77
Total 1940
Unit C 2- ( also units D 7, E 1 )
First Floor, plate height of 10 ft. or less 490
plate height of 11 ft. 489 x 1.05 = 513
Sub -total 1003
Second Floor, plate height of 10 ft. or less 698
plate height of 11 ft. 125 x 1.05 = 131
plate height of 13.5 ft. 55 x 1.175 = 65
Sub -total 894
Storage 90
Total 1987
LJ
Building D
Unit D 1- ( also unit D 2 )
First floor, same as unit C 2
Second Floor, same as unit C 2
Storage
Total
1003
894
49
1946
Unit D 3- (also units D 4,5,6,& E 2,3 )
First Floor, same as unit C 2 1003
Second Floor, same as unit C 2 894
Storage 67
Total 1964
Building F 862
Total
Building C- Unit C 1-
1940
Unit C 2- 1987 x 3 =
5961
Building D- Unit D 1- 1946 x 2 =
3892
U n it D 3- 1964 x 6=
11784
Building F-
862
24439
Approved additional square footage:
-4435'sf per unit for 12 units =346
Garages: Square footage is less than 500 square feet per unit and is therefore
exempt from F.A.R. calculations, per meeting with Planning Office on 4/2/91.
Total existing F.A.R. ( and pre approved additions )
Prepared by Thomas Landless A.I.A. for Fayez Properties, Boulder CO.
RIVER BLUFF TOWNHOME ASSOCIATION
0155 Lone Pine Road
Aspen, CO 81611
August 5, 1996
Mr. David Michelson
Aspen Planning Department
130 South Galena Street
Aspen, CO 81611
Re: Renewal of Ordinance #34
Series 1991
Aspen, Colorado
Dear Mr. Michelson:
On September 9, 1991 the Planning Commission and the City Council of the City of Aspen
approved our request to enclose the second floor deck areas of each of our twelve (12)
townhouse units in order to prevent certain leaking problems that have continued to cause
serious water damage at our complex. This approval right was vested to us for a period of
three (3) years from the date of final adoption, September 9, 1991. It would appear that
the time period for this approval right has lapsed with various Homeowners still wishing to
make this second floor modification to their units.
Therefore, The Board of Directors of the River Bluff Townhome Association requests your
permission to extend the right to expand and enclose these second floor decks for an
additional 3-5 year period of time.
Of course, we will abide by any and all building, fire, plumbing, electrical and mechanical
codes required.
Your timely attention to this matter will be greatly appreciated.
Sincerely,
RIVER BLUFF TOWNHOME ASSOCIATION
Glenn Daly
President
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�. IN 764 3. 7,1
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113
-63250-134
GMP/CONCEPTUAL
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/ C)
CONSENT AGENDA ITEMS
REFERRAL FEES
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING cep • 6d
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING OFFICE SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL
TOTAL
Name:
2•�\ `G r �� ��� Phone:
Address:—'
Project:
Lo
Check #
��
Date:
Additional billing:
#of Hours: (�
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I
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T = 1.48' `Srr•
L = 2.95' SAS A3 `Y
Common
C - A = 0724'30"
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0 T=25.01'�
L = 49.94'
SCHMUESER GORDON MEYER INC.
1001 GRAND AVENUE, SUITE 2-E
GLENWOOD SPRINGS. COLORADO 81601
45-1004
ASPEN,sCOLOAADO (303) 925-6727
W
'0
L on epin e Condominiums
msiav,
GRAPHIC SCALE
30 0 15 30 BO 170
( IN FEET )
1 inch = 30 N..
IMPROVEMENT LOCATION CERTIFICATE
l hereby certify that this improvement location certificate was
prepared for Zuhoir Fayez , that it is not a land survey plot
and that it is not to be relied upon for the establishment of
fence, building, or other future improvement lines. l further
certify that the improvements on the above described parcel on
this date 10 May 1991, except utility connections, are entirely
within the boundaries of the parcel, except as shown, that
there are no encroachments upon the described premises, except
as indicated, and that there is no apparent evidence or sign of
any easement crossing or burdening any part of said -_
except as, noted.
-�-,-,
KENNETH R^W/LSON L.S. 15710 DATE
c�
Description
Lot 2, Lone Pine Subdivision, City of Aspen, County of Pi Tn
State of Colorado.
—tel—
BURIED TELEPHONE LINE
w
SIGN
— g—
BURIED GAS LINE
pQ
CAS VALVE
—„—�
FENCE LINE
CURB STOP
57
ROCK WALL
'd
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— tv—
CABLE TELEWS/ON LINE
>;*
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— , —
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WATER VALVE
— w —
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—ts—
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C
EXIST. CULVERTS
Wi
STORM DRAIN INLET
DECIDUOUS TREE
ELECTRIC TRANSFORMER
EVERGREEN TREE
V
ANCHOR BOLT
Legend and Notes:
- n indicates found monument as described.
o indicates set monument rebar and cop L.S. 75710.
- L indicates control point
- Survey Orientation based on found monuments as shown.
Easements shown are from plat of Lone Pine Townhouse Condominiums
recorded in Plot Book 10 Page 12.
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1.50'
L35
S25"J7XrW
2 60'
L38
N2537' E
2.60'
LJ7
$64'222 E
a80'
LJ8
N25'51 52 E
5.50'
L39
N84'08' W
3.60'
L40
S 551'5W
T.30'
L41
N64'08'
2.00'
L42
N25'5152 E
5.50'
L4J
N64'08'0 W
3.60,
L44
S251513 W
1.30,
L45
N64'08'0W
2.00'
L48
N64'08'0W
2.00'
L47
S25515 W
1.J0'
L48
N64'08'0 W
3.60,
L49
N2551'5E
5.50'
L50
N64'08'08W
2.00'
L51
S25'515 W
1.30'
L52
N64'08'08W
J.60,
L53
N255152 E
5.50,
L54
N64'08OB W
2.00'
L55
S25515 W
1.30'
L56
N64'08'O W
3.60,
L57
N25'5152 E
5.50'
L 62
S64'080 E
4.60'
L 63
S64'08'0 E
4.60'
L64
N64'08'0W
3.00'
ASS•
0 =
29'02'05"
R =
217.76'
T =
56.39'
L =
110.35'
0 =
13" 19'47"
R =
170.00,
T =
19.86'
L =
39.55'
0 = 00'26'50"
R = 378.00
T = 1.48'
L = 2.95'
Lone Pine Townhouse Condominiums
= 07'24'30"
R = J86. 24' f--
SD T = 25.01 '
f� L = 49.94'
�L
Z
M5 o
q,o&��//o
cl l to �//
2,01 3(� (�
GRAPHIC SCALE
30 0 15 30 60
( IN FEET )
I inch = 30 ft
120
IMPROVEMENT LOCATION CERTIFICATE
l hereby certify that this improvement location certificate was
prepared for Zuhair Fayez , that it is not o land survey plat
and that it is not to be relied upon for the establishment of
fence, building, or other future improvement lines. l further
certify that the improvements on the above described parcel on
this date 10 Moy 7991, except utility connections, are entirely
within the boundaries of the parcel, excl-Di as shown, of
ther( re no encroachments upon the scribed prem, as, except
as inulcated, and that there is no apparent evidence or sign of
any easement cro.>sing or burdening any part of said Pfcel,
except as noted.
KENNETH R. WILSON L.S 15710 DATE
1.
Description`
Lot 2, Lone Pine Subdivision, City of Aspen, County of Pitk�in
State of Colorado.
te1
BURIED TELEPHONE LINE
g
BURIED GAS LINE
K-X---E
FENCE LINE
®
ROCK WALL
-- fv-
CABLE MEVISION LINE
- e
ELECTRICAL LINE
w -
WATER LINE
- ss
SANITARY SEWER LINE
- P--
OVERHFi4D UMITY LINE
EXIST. CULV£7'7S
DECIDUOUS TREE
EVERGREEN TREE
Legend and Notes:
ov
SIGN
Dd
CAS VALVE
'tY
CURB STOP
POWER POLE
#
L16HT POLE
M
`WATER VALVE
RRE HYDR4NT
O
TELEPHONE RISER
O
CABLE RISER
®
SEWER MANHOLE
iN
STORM DRAIN INLET
ELECTRIC TRANSFORMER
-�
ANCHOR BOLT
❑ indicates found monument as described.
a indicates set monument rebar and cop L.S. 15710.
- I^ indicates control point
Survey Orientation based on found monuments as shown.
Easements snows are from plat of Lone Pine Townhouse Condominium
recorded in Plot Book 10 Page 12.