HomeMy WebLinkAboutLanduse Case.CO.221 E Hyman Ave.A038-02
-
-
........
-",;
p!&+-
()~~/eV\
v/1CCul/
c
..<"0......
MEMORANDUM
To: Hal DishIer, Kaufman & Peterson, P. C.
From: James Lindt, Planner
Date: April 24, 2002
Re: Snowflake Condominium Map- Community Development
Department's Amended Comments
1. Include a plat purpose statement under the title that states the
following: "The purpose of this plat is to condominiumize the
Snowflake Inn."
2. Indicate what areas are to be designated as Limited and General
Common Elements.
3. Include Vicinity Map.
4. Indicate Zone District.
5. Show location of trash and snow storage.
6. Survey must be updated within the last year.
7. Submit declaration for review that includes the following language:
"No owner may use, occupy, or lease their unit for more than four
months out of each calendar year or for a period of more than thirty
(30) consecutive days at anyone time, and at all other times shall
make the unit available for renal by the Association to the general
public."
8. All ofthe Community Development Engineer's Comments must be
reflected on the final set oftwo mylar plats in addition to the
Community Development Department's comments.
9. Obtain all signatures with the exception of the City Community
Development Director, Community Development Engineer, and
Pitkin County Clerk and Recorder prior to submitting mylars to
Community Development Department.
r--
From: John Niewoehner
City of Aspen Co
Phone: 920-5104;
'~
u ty Development Engineer
mal: johnn@cLaspen.co.us
.
To: James Lindt
THE CITY OF ASPEN
Date: April 19, 2002
RE: Snowflake Condominiums Condominium Plat Review
I have identified the following shortcomings of the condominium plat:
1. Include a vicinity map
2. Complete note under 'Legends and Notes'
3. Show building ties
4. List all documents used in the survey with recording information
5. Provide dimensions and reception numbers for encroachments.
Obtain encroachment licenses if none exist.
Johnn>D:/JohnN/condoplat-snowflake
April 11, 2002
Gideon Kaufman
Kaufman and Peterson, P.C.
315 East Hyman A ven~e, Suite 305
Aspen, CO 81611.
.
ASPEN . PITKIN
Re: Condominiumization' of Snowflake Lodge
COMMUNITY DEVELOPMENT DEPARTMENT
Dear Gideon:
I have reviewed your letter dated April 5, 2002, regarding the conversion of the Snowflake
Lodge to condominium ownership and the-proposed language of the condominium
declaration included in paragraph 4.1. I believe this language accurately reflects ollr
understanding and is acceptable. Please submit your condominium map for approval.
Please contact me if you have any questions about the foregoing. 920.5090.
,
Sincerely,
e Ann Woods, MLA, AICP
ommunity Development Director.
City of Aspen
Att: April 5, 2002, letter from Gideon Kaufman with proposed declaration language
,
130 SoUTH GAtENA STREET' ASPEN, COLORADO 81611-1975 . PHONE 970.920.5090 . FAX 970.920.5439
Prinled on Reo;yded Paper
APR. 5. 2002 11: 10AM
KAUFMAN & PETERSON
NO. 3956 P. 2
.-.
.,(.-....
'""-,,.
BROOKf A. PETERSON
GIDEON I. KAUrMAN-
URRI J. KAFRISSEN
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
or COUNSEl.:
HAl. S. DISHLER"
315 EAST HYMAN AVENUE, SUITE 305
ASPEN. COLORADO 81611
ULEPHONE
(t70) P25-Bl66
FACSIMILE
(970) 915-1090
. AL5ClADMmIDINIlIYYI.IND
.. Al.IO AMlm~ ltll TD&S
April S, 2002
VIA F~CSIMILE TRANSMISSION
Ms. Julie Ann Woods
Aspen/Pitkin community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: condominium Declaration for Snowflake Condominiums
Dear Julie Ann:
Enclosed please find copies of my letter to Chris Bendon,
dated March 6, 2001, regarding the conversion of a small lodge
located outside of the Lodge preservation Overlay to a
condominium form of ownership, and your response letter to me,
dated April 3, 2001. In your letter, you requested review of the
portion of the Condominium Declaration which reflects the owner
occupancy restriction prior to approval of the Condominium Map.
Therefore, I have also enclosed Section 4.1, Definition of Uses,
on page 10 of the Condominium oeclaration.
Please let me know if the language set forth in Section 4.1
is acceptable to you, as we are submitting the Condominium Map
for approval. Thank you for your attention to this matter.
Sincerely,
, PETERSON, P.C.
&sional Corporation
GK/bw
Enclosures
n Kaufman
-APR. 5. 2002)(11: 10AMAM
" .
I
~
l~
~
=
KAUFMAN & PETERSO~
NCNO. 3956 P P. 3
lRO~SOIl
G.1l&01I I, IlolUfIIIAII'
ftNlI J. IWMSSIII
!-
or COUIISEL.'
""'" 8. 0l5lUll"
LAV Ol'PICES Of
KAUPMAN Ie PETERSON, p.e.
11_
~lZ5oIlM
IACllIIlU
1'7Vl fDolotO
311 lAST IIYMAH AVENUI, sum: 3D!
A$nN, COLOIUlDO IUU
March " 2001
. AlbO MIIIT'tIJ 1ft ......
- MIO ADllrrTllJII1IIU
1i'~"
, '~~elV.t:r~
f14R '''''.,.'
ASP 0,.2001
CO!./MIJNIJi! I!l /(/fl
!;VEl.OPM5'/)'
Mr, cm-h Bell.4en
ABpen/PitX1n county community Development
130 south Galena Street
ABpen, colorado 81'11
:Re: condomin1umization
lr Dear em-it:
~ Pu%suant to our numeroua ~eting., phone aonveraationl, and
i.,~ le~t~B~"I WT1te thia letter to memorialize the l,reement that %
" *I~u k.n reached betwelUllIIY client an4 the P1&11nlng
off1ee.as it relate. to condom1n~~m1zatiOl1 of itB small 104ge,
',t:'. which j, not ill. the loP zone. Per the dheulilllions 'Iflrich have taltell
place L~tw..n the Planning office and lIlY client, my client ia
wl.lling to accept a maximum thirty (30) day Btay by an owner in ·
unit. Therefore, thll condominium documents will permit an owner
to oc:cupy ita unit for no more than fo~ (4) months d~ing the
courlle of t~e year, and d~il19 that four (4) month periOd,
occupancy c:an be for ~o longer than thlrty (30) COll.8e~~tive days
at a time. The unit win be made available for' rent wbe>1 not
occupied by the owner. Bued on this li1llitation on Ulle, it b art
UlI.~r8tand1ng that the Plannins Director ill wl11ing to accept
this proposal. ~g complete the condominiumi~ation proceal, we
are required to llubmit the condominium plat and the portion of
the condominium declaration that confirms this agreement.
-n
,
I look forward to ~c.iving a written confirmation of ~b18
I letter. from you, 110 that we can proc:.eQ to prepare the
r condOlliinium map and declaration. Thank you eor yg~ !1elp 1n thi.
J .,matte:t~'. I look fopard to hearing from you.
'.'
~
Sincerely,
G'K/'bw
..'
-APR. 5. 2002 11: lOAM
KAUFMAN & PETERSON
~O, 3956 p, 4
--
,
,
......
#
April 3, 2001 .
Gideon Kaufman
Kaufman and Peterson, P.C.
315 East Hyman Avenue, Suite 305
Aspcn,CO 81611
.
Re: Condomlnlumlzatlon '
ASPEN' Pm:lN
!Z<)hlMUNnV Dl:vw,PMeHr DEt'^INEN't
Dear Gideon:
. ,
I have reviewed your ldtcr dated March 6, 2001, regarding the conversion of a small lOdge,
, located outside of the Lodge Preservation O~erlay, to II condominil1lll form of ownership and
believe it accurately represents our'discussions and under~d,ng:
Specifically, your question concerns the nature of a lodge not located in the Lodge ,
.Preservation Overlay Zone District, otherwise known as a "Hotel," to be converted to a ,
condominium form oflownership and how owner usage of each unit affects the hotel use in
relation tp the Land Use Code defmition of a Hotel and'the p~e "used for overnight .
lodging by the general public on a short-term basis for a fee." Your proposal would allow
for ownemse of their unit for no more than 4 months of each calendar year and for
oecuparlcy p.;rio~ of no more than 30, consecutive days.at a time. The unit will be made
'availll.ble fbdental'wtien n~t occupied by the,owner. . ,
, ,
,
It is my opinion that according to the current Land Use Coile your proposed <;l,ccupancy
provisions for owners' use of individual hotel units does not change the basic nature of the
Hotel use and would not require a change-in-use or any land use approval oth,er than the
condomini~m copversion process, To ensure compliance, I will require reviewing the
portion of the condominium declaration that reflects this owner occupancy restriction prior
to approving the cO\ldominium plat. '.
As we have discussed, the City is considering Land Use Code amendments to better 'address
, omterShip arrangements of lodginl! properties in {elation to new concepts such as "interval
ownership." There is no pending legislation at this point and you may rely on our
. understanding, reflected herem, until such time as new legislation becomes pending.
Please contact me if you have any questions about the fOl'egoing. 920..5090.
Sincerely, ,
...j~ ~~. D'I--. ~
JUlj'~Aiin Woods,'MLA, A:ICP' ,,'.,
Community Development:Director
City of Aspen. .,
. "
Au: March 6, 2001, letter from Gideon Kaufman
. 130 Sount GALINA ST..." , As"", Co"""",,, 81611.)97$ . PlIoN,97l1.92Q,5090 ' fA' 970.920.5439
"oalcl!rmlcqclcdr.,G'
APR. 10.2002 5: 13PM
KAUFMAN & PETERSON
NO. 4052 P. 2
payment, discharge or other satisfaction, the Condominium Unit shall be released from
the lien paid, satisfic:d or dischargc:d. Partial payment, satisfaction or discharge shall not
prevent the lienor from proceeding to enforce his rights against any Condominium Unit
not so released or discharged.
3.15.3 Indemnification of Owners. Each Owner shall indemnify and hold the
other Owners harmless from and against liability or loss arising from the claim of any lien
against the Condominium Unit of the Owner, or any part thereof, for labor performed, or
for materials furnished in work on such Owner's Condominium Unit. At the written
request of an Owner, the Association shall enforce such indc;mnity by collecting from the
Owner of the Condominium Unit on which the labor was performed, or materials
furnished, the amount necessary to discharge any such lien and all costs incidental thereto,
including reasonable attorneys' fees. If not promptly paid, the Association may proceed to
collect the same in the manner provided herein for collection of assessments for the
purposc of discharging the lien.
4. USE AND OCCUPANCY OF UNITS AND USE OF COMMON ELEMENTS.
~
4.1 Definition of Uses. The occupancy of the Units by the Owners will be restricted.
as set forth in this paragraph. No Owner and no Owner's employees, agents, officers, licensees,
or invitees shall violate the rules and regulations adopted from time to time by the Association,
whether relating to the use of Units, the use of General or Limited. Common Elements, or
otherwise. No Owner may use, occupy, or lease their Unit for more than four (4) months of eacb
calendar year or for a period of more than thirty (30) consecutive days at anyone time, and at all
other times shall make the Unit available for rental by the Association to the general public.
4.2 SII!'Ds. No "For Sale" or "For Rent" signs, advertising, or other displays shall be
maintained or permitted on any part of the property, except at such location and in such form as
shall be approved in writing by tbe Board or the Managing Agent. The right is reserved by the
Declarant, or its agent or agents, to place "For Sale" or "For Rent" signs on any unsold or
unoccupied Units owned. by it, and on any part of the Common Elements with respect to the
availability of such Units. So long as any Unit is owned by it, the Declarant shall be entitled to
access, ingress, and egress to the building and the property as it shall deem necessary in
connection with the construction or sale of the building or any Unit. The Declarant shall have the
right to use any unsold Unit or Units as a model, or' for sales or display plllposes or to rent the
same, in accordance with C.R.S. pS-33.3-215.
4.3 Use and Obstruetion of Common Elements. There shall be no obSlnlction of
the Common Elements, nor shall anything be stored in the Common Elements, without the prior
consent of the Board except as herein expressly provided. For purposes of maintenance, repair,
alteration, and remodeling, an Owner of a Unit shall be deemed to own the interior non.
supporting walls and the materials therein (such as, but not limited to, plaster, drywall, paneling,
wallpaper, paint, wall and floor tile). There shall be no furniture, bicycles, wagons, vehicles,
- 10-
~_.--~,",~""--,,,-,.
~
"
,-"
--
130 S. Galena Sl.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Aspen/Pitkin
Community
Development
Department
Fax
To: Hal Dishier From: James Lindt
Fax: 925-1090 Pages:
Phone: Date: 4/24/02
Re: Snowflake Condo Plat CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
Hal,
Please find attached the Community Development Department Comments regarding the Snowflake
Condominium Pial. Please have the appropriate changes made to the plat and return two signed mylar
copies for signing by the Community Development Engineer, Community Development Director, and
the Pitkin County Clerk and Recorder. If you have any questions, please call me at 920-5095.
Thank You,
James Lindt
.-
'-"
BROOKE A. PETERSON
GIDEON I. KAUFMAN.
TERRI J, KAFRISSEN
OF COUNSEL
HAL S. DI$HLER u
LAW OFFICES OF
KAUFMAN & PETERSON, P.c.
315 EAST HYMAN AVENUE
SUITE 305
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
E-MAIL
hsd@kaufmanpeterson.com
. ALSO ADMITTED IN MARYLAND
.. ALSO ADMITTED IN TEXAS
April ]6, 2002
Hand Delivered
John Niewoehner
Engineering Department
City of Aspen
130 S. Ga]ena SI.
Aspen, Colorado 8] 6] ]
Re: Snowflake Condominiums
Dear John:
Pursuant to our discussion, attached is the 'blue line' map of the Snowflake
Condominiums for your review.
Please contact me to discuss the map when the review process is completed.
Thank-you.
Sincerely,
Kaufman & Peterson, P.c.
A Professional Corporation
B~A.A~ _
Hal S. DishIer
, .
SIt ~~,.c: L~I< c
~...' "
C-" t.. 5
(I/yo ~
Information Reauired on Condominium Plats
Condominium Plats that are submitted to the City of Aspen Community Development Department are reviewed to
meet the following minimum standards, Any misinformation or lack of disclosure of existing facts and features of a
pro~ will constitute an automatic denial of the submittal.
~ ~ Survey type; as requested by Client
1./'surveyorls name address and phone number
~ Boundary of the property.
t--('(9
~orth arrow
~ 0 ..J.egend of symbols
.vb Point of Beginning (POB) graphically
y"'D Basis of Bearings, tied to USGS, NGS or local government monument system.
~he bearings of the boundary, read clockwise
~Field ana rS8Srag9 IIJ.lill~5 and distances
~e mathematical error of closure of Property Description at1 : 1 0000
o The distance to the Public Right-at-Way, al~~ tRg 9iQt~RSg h? tR9 R9an~~t iRt9R;9gtiQR
~ ~ht-of-way and pa" ,,,., ~width
~erty access to public right-of-way
v6' Private roads open or closed
@ j() /)I~ v/J(}LV\...- c.f{(rVO
IS /;11 Guv1 I"'tJ:: TG
o Name and date of documents represented by surveys,
offal ,.. "r "h~;v;"if\a ....rn.poril' '"'U'1'I815
v1/~ 10 y....~...-ulL- ~nrl OllilAinSl r9v.ri.....tinr:lS
~O"grIJPQ aR9 ~gnat al~R~ t\;:t9 9xtgrigr gf tR9 b~WR~hari9(;j EiHJ9laiR R~'" tAg) '"'9r9 ro~Rg.
o Description of all monuments that were found or set.
~ All improvements within five feet of the property boundaries.
CD Building location with ties.
o Easements and right-of-ways of record.
o Note if an easement or right-of-way cannot be located,
o Any encroachments into the R.O,W. d I~~ ~-/ e<t <-YtJA.d- I'\~
Driveways and roads, o.-.J- rUe.,o-ho..... '1..~ ~JVf/J f-LJ
~dS, springs, rivers, cemeteries etc, / /;; ., L1l I'
~ e.vtG/l> Jv~ " .~ /"tn/ >V' '"
M Index of sheets if multiple plan sheets. Include match lines. 1l:.. ,Iv A-k1
~ction, Township, Range, and Aliquot part of Section, Principal Meridian, County, State. ufyr';'V'l
o Water boundary survey method and date with note of caveat.
~he standard ALTAI ASCM Survey certificate will be used on the Plat.
o List all documents used in survey with recording information. Record all property descriptions used on the plat.
o
:)
" ,
'UO!~:)lUjSUO:) <lA!lS!S<ll-;llY IDOq-<lUO lOJ p<l~Ul SIU!l<l~UlU lO l<lqlU!~ AAU<lq
'<IN!~snqlUo:)-uOU lJl!M lJ!nq <lq lIuqs llU!I!Ul ~:)<lp pUll <l:)UJIDS ~:)<lp <lql 'UO!Plll~SUQ:) <lA!~S!S<ll
-<llY IDoq-<lUO JO lUlllU!U!lU U lOJ p<lAOlddu SJU!l<l~UlU lJl!M p<lp<l~old <lq ~snlU <lp!Sl<lpun <llJl .10
'sllOllO l<lqlU!l AAU<lq 'sIU!l<l~UlU <llq!lsnqlUO:)-UOU q~!M P<lPllllSUO:) <lq IJUqs ~:)<lp <lql 'p<lSOj:)U<lun
J! .10 <lp!S lO!l<llX<l <llJl UO UO!PllllSUO:) <lA!lS!S<ll-<llY IDOq-<lUO JO lUlllU!U!lU U lOJ p<lAOlddu
SIU!l<l~UlU q~!M P<lPlUjSUO;) slIuM IU;)!ll<lA Aq punolll <lq~ o~ p<lsoj:)U<l <lq lIuqs SUo!p<l!Old ~;)<la
q;)<la
-
~
#""
v,J
D Snow and Trash Storage Areas,
(D~ Vicinity M~
D Zone District
o -r:rgot' !:..gSatiQ?R, ipesig&, 9Rd TFloIRI-: r;liar;;1Qtgr A;Uj;;;l&loIr'~H~ <I 1 Q , fr~m U~9 ~rGYRd
Certificates and Signature Blocks
1. Owner's Certificate with owner's signature and notary. Alternatively, if corporately owned, the signature of the
president and secretary, both signatures notarized.
2. City Council Approval with signatures of Mayor and City Clerk
3, City EnQineer Approval
4. Surveyor's Certificate with signature and stamp of Surveyor
5, Community Development Approval with signature of Com-Dev Department Director
6, Clerk and Recorder's Acceptance with signature of Clerk and Recorder
7. Title Certificate with signature of title company President
8, Description of Parcel{s)
9. Easement Description{s) (utility, access, drainage, open area, etc.)
10. Plat Notes
G: \Engineering\su rvey-plat-info. doc
4/4/02
o
"""
"",,,
Decks
Deck projections shall be enclosed to the ground by vertical walls constructed with materials
approved for a minimum of one-hour fire-resistive construction on the exterior side or if
unenclosed, the deck shall be constructed with non-combustible materials, heavy timber or logs,
or the underside must be protected with materials approved for a minimum of one-hour fire-
resistive construction. The deck surface and deck railing shall be built with non-combustible,
heavy timber or materials rated for one-hour fire-resistive construction.
.d I i5
COMMUNITY DEVEWPMENT DEPARTMENT
130 South 'Galena Street
Aspen. Colorado 81611.\
(970) 920-5090
City of Aspen
Land Use:
104] Deposit
1042 FIal Fee
] 043 II PC
1046 Zoning and Si.gn
Referral Fees:
1163 City En.e;ineer
1205 Environmentalllealth
1190 Ilousing
Building Fees:
1071 Hoard of Appeals
1072 I3uildin,g Permit
IOn Electrical Permit
]074 Energy Code Review
1075 Mechanical Permit
]076 Plan Check
1077 Plumbing Permit
]078 Rcinspection
1079 Aspen Fire
Other Fees:
1006 Copy
1]65 Remp Fee
1302 GIS Maps
1303 GIS Fee
]481 Housing Cash in Lieu
1:183 Open Space Cash in Lieu
1383 Park Dedication
1468 Parkin,g Cash in Lieu
PerfofmancC' Deposit
1268 Public Right-of-way
1164 School District Land Ded.
TOTAL
NAME: S I" r" AJ I
ADDHF:SS/PHOJECT: '. /:2 I
C l '>:! {I
PIIONE:
CIIECK#
'27JO.G(
100. CO
till', (
/ I
r. '\;M.lf)f
--
'~.:'
I I
1/ ( ~I
CASF:/PEf{MIT#:
I
DATE: /",
INITIAL:
# OF
COPIES:
\/