HomeMy WebLinkAboutcoa.lu.ec.Castle Creek Townhomes Subdv.
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CASELOAD SUMMARY SHEET
City of Aspen
PROJECT NAME: Castle Creek
Condominiumization
Project Address: 777-787 Castle Creek Drive
Legal Address: Lot 10. Castle Creek Subdivision
PARCEL 10 AND CASE NO.
2735-122-06-002 A30-93
STAFF MEMBER: LL
Townhomes Subdivision Exemption for
DATE RECEIVED: 05/10/93
DATE COMPLETE: ~ II ~I 9 ~
APPLICANT: Marvin Burton & Douqlas Allen
Applicant Address: 600 E. Hopkins. suite 302. Aspen
REPRESENTATIVE: Douqlas Allen
Representative Address/Phone: 600 E. Hopkins. suite 302
Aspen. CO 81611 925-8800
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 942.00
$ 234.00
$
$
$1176.00
# APPS RECEIVED
# PLATS RECEIVED
3
3
TYPE OF APPLICATION: STAFF APPROVAL:
1 STEP:
2 STEP:
~
CC Meeting Dati:SU~ 14
Clul'i l't ~
PUBLIC HEARING:
VESTED RIGHTS:
YES NO
YES NO
~~NO
YES NO
P&Z Meeting Date
PUBLIC HEARING:
VESTED RIGHTS:
DRC Meeting Date
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REFERRALS:
City Attorney
><; city Engineer
~ Housing Dir.
Aspen Water
city Electric
Envir.Hlth.
~ Zoning
School District
Rocky Mtn NatGas
COOT
Clean Air Board
Open Space Board
Other
Other
DUE: 5"/2 ~
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
INITIALS: 1) W
DATE REFERRED:
'/1'7--
.
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FINAL ROUTING:
DATE ROUTED:
INITIAL:
_ city Atty
_ Housing
_ city Engineer
_ Open Space
_zoning _Env. Health
Other:
FILE STATUS AND LOCATION:
ORDINANCE NO. 33
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CO~OMINIUMIZATION
FOR 777-787 CASTLE CREEK DRIVE, LOT 10, CASTLE CRE~K SUBDIVISION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the applicants, Doug Allen and Marv1n Burton, have
submitted an application to condominiumize a newly developed
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duplex; and
WHEREAS, on July 1, 1992, the state Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the sUbdivision/condominiumization approval process as
adopted by the city, and under which the instant condominiumization
is being processed for approval; and
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WHEREAS, the city Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS,
in
the
event
amendments
to the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is city
Council's desire that the applicant herein receive the'benefit of
those amendments; and
WHEREAS, the city Council may not and has not committed itself
') or the city to the actual adoption of any amendment to the
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Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances mayor may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen city council has reviewed and considered
the amendments under the applicable provisions of the Municipal
,.-
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Code, to wit, Division 10 section 24-7-1007, and has reviewed and
considered those recommendations by the Planning Department and has
taken public comment at public hearing; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: In accordance with Section 24-7-1007 of the Municipal
Code, the city Council grants and awards condominiumization
approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek
SUbdivision, subject to the conditions as specified herein:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
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Language to that affect shall be included in the subdivision
exemption agreement.
3. Prior to the sale of either unit, a subdivision exemption
agreement and condominium plat, to be reviewed and approved by the
Engineering Department, shall be filed which meets the requirements
of Section 24-7-1004.D of the Municipal Code and the comments of
the Engineering Department review memo of June 8, 1993.
4. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
5. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
section 2: In the event amendments to the current Municipal Code
are hereinafter enacted under which the conditions of approval of
(2), a deed restriction specified in section 1 above are no longer
required, as currently mandated under the Municipal Code, then it
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is the intent of the City Council that the applicant herein be
afforded the benefit(s) of such amendment(s) and that the
requirement for a deed restriction be vacated.
section 3: This Ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior, ordinances.
section 4: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
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section 5: The City Clerk shall cause notice of this Ordinance to
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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 substantially 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.
Beetioo', ~ hear in. on the Ordinance shall be held on the
irr day of , 1993 at 5:00 in the City Council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED
as provided by
the /~ay
law,
by the city Council
r*~
of the city of Aspen on
of
, 1993.
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Mayor
~ALLY:
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proved this,l~ day of
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adopted, passed
1993.
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Recorder
Recorded at
Reception No.
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
Douglas P. Allen, Esq.
600 East Hopkins, Suite 302
Aspen, Colorado 81611
STATEMENT OF EXEMPTION
FROM FULL SUBDMSION PROCESS
AND SUBDMSION AGREEMENT
FOR THE PURPOSE OF CONDOMINIUMIZATION OF AN
EXISTING STRUCTURE ON LOT 10,
CASTLE CREEK SUBDMSION
WHEREAS, Marvin O. Burton and Douglas P. Allen ("Applicant") are the owners of
a parcel of real property in the City of Aspen, Pitkin County, Colorado, described as follows:
Lot 10, Castle Creek Subdivision, County of Pitkin, State of Colorado
also known as 777 and 787 Castle Creek Drive, Aspen, Colorado
and
WHEREAS, the foregoing Property contains a duplex building with an accessory
dwelling unit; and
WHEREAS, Applicant has requested an exemption from the full subdivision process
pursuant to ~ 24-7-1007 of the Municipal Code of the City of Aspen for condominiumization of
an existing structure at the above-described location; and
WHEREAS, the Aspen City Council determined at its regular meeting held on June 28,
1993, that such exemption was appropriate and granted the same pursuant to Ordinance No. 33
(Series of 1993), subject, however, to certain conditions as set forth below; and
WHEREAS, a Subdivision Exemption Agreement is required between the Applicant and
the City of Aspen ("City") binding the Applicant and Property to all conditions placed upon the
approvals for the subdivision as set forth in ~ 24-7-1005 of the Municipal Code of the City of
Aspen; and
WHEREAS, the City is willing to approve and execute this Agreement and the
corresponding plat for the subject property in exchange for Applicant's promises and
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#35Q'3 01'/13/93 10: 19 Rec $20.0') Bf< 717 PG S34
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
performance adhering to the terms and conditions contained herein and those other applicable
ordinances and regulations as contained in the Municipal Code.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and the
approval, execution, and acceptance of the plat for recordation by the City of Aspen, it is agreed
as follows:
(I) The Applicant shall file a Condominium Plat to be reviewed and approved by the
Engineering Department.
(2) Prior to filing the Condominium Plat, the Applicant shall deed restrict each of the
condominiumized residential units to a 6-month minimum lease, with no more than two
shorter tenancies per year. Such deed restriction shall be in a form satisfactory to the
City Attorney and shall be executed and recorded at the time of execution and
recordation of the Plat. In the event amendments to those sections of the Municipal Code
under which Applicant's condominiumization application was approved are enacted which
eliminate the condition of approval relevant to the deed restriction as described in this
paragraph, then Applicant shall receive the benefit of such amendments and the deed
restriction as originally imposed shall be vacated,
(3) A final inspection of the accessory dwelling unit shall be conducted to confirm that
the accessory dwelling unit complies with APCHA guidelines,
(4) The Applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way
benefitting the subject property,
(5) Applicant shall record with the Pitkin County Clerk and Recorder contemporaneously
herewith, that certain "Condominium Declaration" for Castle Creek Drive Townhomes
dated July ~, 1993, attached hereto.
(6) Applicant shall comply with the restrictions as contained in the Condominium
Declaration.
(7) Applicant shall comply with all provlslOns contained herein and all material
representations made during public hearings before the City Council.
(8) The provisions of this Agreement shall run with and constitute a burden on the
property and shall be binding on and inure to the benefit of Applicant and Applicant's
successors and assigns and to the City, its successors and assigns.
(9) This Agreement may be altered or amended only by written instrument executed by
all parties hereto with the same formality as this Agreement is executed.
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(10) If any provision of this Agreement is determined to be invalid, such invalidity shall
not affect the remaining provisions hereof.
(11) This Agreement shall become effective upon the date of the last signature set forth
below.
CITY OF ASPEN
, Mayo p~~
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, 1993
By
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Date: July -L, 1993
APPROVED:
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Edward M. Caswall, City Attorney
Date: July 1RL-, 1993
I, Kathryn S. Koch, do certify that the foregoing Statement of Subdivision Exemption for
condominiumization of Castle Creek Drive Townhomes was considered and approved by the
Aspen City Council at its regular meeting held , 1993, at which
time the Mayor was authorized to execute the sa on behalf of the City of Aspen.
Kathryn S. Ko
(Acknowledgements on Following Page)
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ACKNOWLEDGEMENTS
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing Subdivision Exemption Agreement for castl~ree~ ~nhomes
was acknowledged before me this ~ day of July, 1993, by A'. ayor of
Aspen, Edward M. Caswall, Aspen City Attorney, and Kathryn S. Koch, Aspen City Clerk.
Witness my hand and official seal.
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COUNTY OF PITKIN )
The foregoing Subdivision Exemption Agreement for Castle Creek Drive Townhomes
was acknowledged before me this ----1- day of July, 1993, by Marvin 0, Burton and Douglas
P. Allen.
Witness my hand and official seal.
My commission expires:
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SIX MONTH MINIMUM LEASE PERIOD
DEED RESTRICTION FOR THE PURPOSE OF
COMPLIANCE WITH CONDITIONS
REQUIRED BY EXEMPfION FROM
SUBDIVISION PURSUANT TO ASPEN
MUNICIPAL CODE SECTION 24-7-1007A.1.B.
THIS SIX (6) MONTH MINIMUM LEASE PERIOD DEED RESTRICTION is made
and entered into this ~ day of July, 1993, by DOUGLAS P. ALLEN and MARVIN O.
BURTON ("Covenantors") for themselves, their successors and assigns, for the benefit of the
City of Aspen, Colorado, a municipal corporation.
WHEREAS, Covenantors own that parcel of real property located at 777 and 787 Castle
Creek Drive, City of Aspen, County of Pitkin, Colorado, more specifically described as Lot 10,
Castle Creek Subdivision, County of Pitkin, State of Colorado upon which is situated a duplex,
with two (2) condominium units described as Castle Creek Drive Townhomes; and
WHEREAS, Covenantors have requested an exemption from the full subdivision process
pursuant to ~ 24-7-1007 of the Municipal Code of the City of Aspen for condominiumization of
an existing structure at the above-described location; and
WHEREAS, Covenantors agree to accept and impose certain conditions on the use and
occupancy of these condominium units as required by exemption from subdivision pursuant to
Aspen Municipal Code ~ 24-7-1007A.1.b.
NOW, THEREFORE, in consideration of the mutual covenants contained herein with the
approval and acceptance by the City of Aspen, the Covenantors hereby covenant and agree as
follows:
1. The above-described 777 Castle Creek Drive Townhome shall be restricted to a
minimum lease period of not less than six (6) months except for two (2) shorter lease periods
per year.
2. The above-described 787 Castle Creek Drive Townhome shall be restricted to a
minimum lease period of not less than six (6) months except for two (2) shorter lease periods
per year.
3. In the event amendments to those sections of the Municipal Code under which
Covenantors' condominization application is approved or enacted which extinguish the
requirement for this deed restriction, then Covenantors shall receive the benefit of such
amendments and this deed restriction as originally imposed shall be vacated at Covenantors'
request.
4. The provisions of this Agreement shall run with and constitute a burden on the
property and shall be binding on and inure to the benefit of Covenantors and their successors
and assigns and to the City, its successors and assigns,
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5. This Agreement may be altered or amended only by written instrument executed by
all parties hereto with the same formality as this Agreement is executed.
6. If any provision of this Agreement is determined to be invalid, such invalidity shall
not affect the remaining provisions hereof,
7. This Agreement shall become effective upon the date of the last signature set forth
below.
IN WITNESS WHEREOF, Covenantors have placed their duly authorized signature
hereto on the date as described above,
APPROVED AS TO FORM:
~W1.~
Edward M. Caswall, City Attorney
Date: July --2-, 1993
y 4, 1993
Date
y 7, 1993
tDate
Mailing Address: 600 East Hopkins, Suite 302, Aspen, Colorado 81611
STATE OF COLORADO )
) ss,
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ~ day of July, 1993, by
Marvin O. Burton and Douglas P. Allen.
Witness my hand and official seal.
My commission expires:
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CURB, GUTTER, AND SIDEWALK IMPROVEMENT AGREEMENT
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BETWEEN
THE CITY OF ASPEN AND MARVIN o. BURTON AND DOUGLAS P. ALLEN
WHEREAS, MARVIN O. BURTON and DOUGLAS P. ALLEN are presently
the owners of the real property located at 777 and 787 Castle
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10 I Creek Drive, Aspen, Colorado
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SUbdivision) (hereinafter "owners");
81611 (Lot 10, Castle Creek
and
WHEREAS, Owners have recently completed new construction and
desire to obtain a certificate of occupancy; and
WHEREAS, Owners' property is within a zone district or other
area as designated on the city of Aspen adopted sidewalk, curb,
and gutter plan requiring construction of curb, gutter, and
sidewalk prior to issuance of a certificate of occupancy or, in
lieu thereof, an agreement for future construction pursuant to
section 19-100 of the Municipal Code; and
WHEREAS, at this time, the City Engineer deems the
construction of curb, gutter, and sidewalk on public right-of-way
adjacent to owner's property within three (3) years unfeasible
due to existing improvements or conditions.".
NOW, THEREFORE, the parties agree as follows:
1. The then Owners agree to construct curb, gutter, and
sidewalk along the frontage, of owner's property (approximately
157 feet) at such time as the city of Aspen deems construction
necessary and feasible. It is acknowledged by all parties that
the present requirement is for two (2) foot gutter, six (6) inch
vertical curb, and five (5) foot wide, concrete sidewalk.
2. In the alternative, at the city's option, the city may
construct the above improvements and the then Owners shall
<.35887(' G:7j15/93 15:47 Rec $10.00 Bf .'18 F'G 55
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reimburse the City for all costs of such construction.
Reimbursement shall be made, to the city within ninety (90) days
after receipt of invoice.
3. This Agreement shall be binding and shall inure to the
benefit of the Owners' heirs, assigns, and successors in title of
the parties hereto should such title be transferred.
Entered into this 2~ day of June, 1993.
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
\ The foregoing instrument was acknowledged before me
~ day of June, 1993, by Douglas P. Allen and Douglas
as attorney-in-fact for Marvin O. Burton.
this
P. Allen
witness my hand and official seal.
My commission expires: Cl j.)tf ICjio _ -<.>.~ ,; ,'"
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Address: (,;,ooE ~At~!';'~.~"e Ju~
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FINALLY adopted, passed, and
, 1993.
approved this day of
John ~e~~t{~~
ATTEST:
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MEMORANDUM
TO:
Mayor and Council
THRU:
Amy Margerum, City Manager
Diane Moore, city Planning Direct~
Leslie Lamont, Senior Planner
THRU:
FROM:
DATE:
June 28, 1993
RE:
Castle Creek Townhomes Subdivision Exemption for
Condominiumization - Second Reading Ordinance 33, Series
of 1993
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SUMMARY: The applicants, Douglas P. Allen and Marvin O. Burton,
request a subdivision exemption to condominiumize a newly built
duplex.
Although staff is in the process of amending the condominiumization
regulations, the applicant has elected to proceed with the
subdivision exemption accepting language which reflects that
certain risks are undertaken by the applicant in regards to
anticipated text amendments.
Staff recommends approval of Ordinance 33, Series of 1993. Please
see attached Ordinance, Exhibit A.
BACKGROUND: Council adopted Ordinance 33 on first reading at the
June 14, 1993 meeting. Council correctly questioned whether vested
rights was necessary for this application. There are two ways for
an applicant to vest their development rights: acquire vested
rights status from Council via an Ordinance or pull a building
permit. The duplex that is being condominiumized is almost
complete. Therefore, granting vested rights through this process
is redundant. Staff has eliminated the vested rights language from
Ordinance 33, Series of 1993. The only request for review by
Council is condominiumization for the Castle Creek Townhomes.
It is the opinion of the City Attorney that the existing
condominiumization regulations in the Aspen Municipal code are
fully enforceable until Council approves the text amendments
changing the language in the Code. Therefore, the
condominiumization of the duplex has been reviewed pursuant to the
existing section 24-7-1007.
Staff has scheduled a public hearing at the Planning and Zoning
commission on July 20, 1993 for the condominiumization text
amendments. The first Council meeting to review the text
amendments has been scheduled for August 9, 1993.
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CURRENT ISSUES:
A. ProDosed Amendments
The applicants propose to condominiumize a recently developed
duplex.
Due to the ongoing review of the condominium regulations, staff
recommends that language be included in the ordinance stating that
certain risks are undertaken by the applicant in regards to
anticipated text amendments, and that if adopted, these amendments
may result in the lifting of requirements currently in place.
Pursuant to section 24-7-1007, the condominiumization of
residential units requires the following:
a. Purchase rights of existing tenants
Response:
tenants.
This is a new structure, there are no existing
b. six month minimum lease requirement
Response: The application states that the units shall be
restricted to six month minimum leases, with no more than two
shorter tenancies per year. Language to this effect shall be
included in the condominium Declarations and in the
Subdivision Exemption Agreement.
c. Affordable Housing Impact fee
Response: An accessory dwelling unit has already
approved for this duplex as a requirement of Ordinance 1.
deed restriction for the accessory dwelling unit has
filed with the Aspen/Pitkin County Housing Authority.
been
The
been
d. Building inspection
Response: During the development, the project was inspected
in April of 1993 as part of final inspection for a certificate
of Occupancy.
RECOMMENDATION:
the duplex at
conditions:
Staff recommends condominiumization approval of
777-787 Castle Creek Drive with the following
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
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Language to that affect shall be included in the subdivision
exemption agreement.
3. Prior to the sale of either unit, a subdivision exemption
agreement and condominium plat, to be reviewed and approved by the
Engineering Department, shall be filed which meets the requirements
of Section 24-7-1004.0 of the Municipal Code and the comments of
the Engineering Department review memo of June 8, 1993.
4. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
5. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
RECOMMENDED MOTION: "I move to approve Ordinance 33, Series of 1993
granting condominiumization for 777-787 Castle Creek Drive."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
A. Ordinance 33, Series of 1993
B. Referral Comments
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ORDINANCE NO.
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONDOMINIUMIZATION
FOR 777-787 CASTLE CREEK DRIVE, LOT 10, CASTLE CREEK SUBDIVISION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the applicants, Doug Allen and Marvin Burton, have
submitted an application to condominiumize a newly developed
duplex; and
WHEREAS, on July 1, 1992, the state Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the sUbdivision/condominiumization approval process as
adopted by the city, and under which the instant condominiumization
is being processed for approval; and
WHEREAS, the city Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS,
in the
event
amendments
to the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization' as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is city
council's desire that the applicant herein receive the benefit of
those amendments; and
WHEREAS, the city Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
1
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Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances mayor may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code, to wit, Division 10 Section 24-7-1007, and has reviewed and
considered those recommendations by the Planning Department and has
taken public comment at public hearing; and
WHEREAS, the city Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: In accordance with Section 24-7-1007 of the Municipal
Code, the city Council grants and awards condominiumization
approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek
SUbdivision, subject to th~ conditions as specified herein:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
2
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Language to that affect shall be included in the subdivision
exemption agreement.
3. Prior to the sale of either unit, a subdivision exemption
agreement and condominium plat, to be reviewed and approved by the
Engineering Department, shall be filed which meets the requirements
of section 24-7-1004.D of the Municipal Code and the comments of
the Engineering Department review memo of June 8, 1993.
4. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
5. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
Section 2: In the event amendments to the current Municipal Code
are hereinafter enacted under which the conditions of approval of
.~ ~a deed restriction specified in Section 1 above are no longer
required, as currently mandated under the Municipal Code, then it
is the intent of the City council that the applicant herein be
afforded the benefit(s) of such amendment(s) and that the
requirement for a deed restriction be vacated.
Section 3: This Ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 4: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5: The city Clerk shall cause notice of this Ordinance to
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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 substantially 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 6: A public hearing on the Ordinance shall be held on the
day of
, 1993 at 5:00 in the City council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City council of the city of Aspen on the
day of
, 1993.
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1993.
day of
John Bennett, Mayor
Attest:
Kathryn S. Koch, city Clerk
4
MEMORANDUM
~ty council
~oved
By Ordinance
'f!yhibit
B
"
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, 111
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer e 'f:...
Date: June 8, 1993
Re: Castle Creek Townhomes Condominiumization
Having reviewed the above referenced application, having made a site inspection, and
having discussed various details with the applicant, the Engineering Department has the
following comments:
1. Parking - There appears to be adequate space for sufficient parking. The final plat
must indicate the locations and dimensions of all parking spaces in order to confirm
compliance with Code. The minimum size requirement is 8 1/2' x 18' x 7' high for head-
in spaces.
2. Sidewlllk Curb & Gutter - In conjunction with the certificate of occupancy for the
duplex, an executed agreement to construct sidewalk, curb and gutter is being provided
to the City. This agreement must be provided prior to signing the final plat. Additionally,
the final plat must indicate a five foot wide (where feasible), pedestrian usable space on
both street frontages of the property. In conjunction with providing the pedestrian usable
spaces and providing some minimal sidewalk type development to enhance the usability
of the pedestrian space, we recommend that the applicant provide a small pedestrian
footbridge to cross the irrigation ditch.
3, Ril!ht-of-way - There are two right-of-way problems at the site. The first is that the
existing Cemetery Lane right-of-way width is substandard both from a functional standpoint
and according to Code requirements, The applicant was unwilling to dedicate right-of-
way along Cemetery Lane because the lot FAR is maximized and a non-conforming ,lot
would result. The applicant agreed to permit the plat to reflect a 7.5' width space along
Cemetery Lane as being possibly needed in the future for right-of-way expansion and right-
of-way improvements.
The second right-of-way problem is that the northerly property corner is located in
the asphalt of the intersection of Castle Creek Drive and Cemetery Lane. The applicant
was unwilling to dedicate right-of-way at this location for the same reason discussed above,
however he is willing to grant the public a license for a portion of the tip of the property
for pedestrian, vehicular, and snow storage use.
4. Trash - The plat does not indicate a trash storage area. The final plat must indicate
o
o
a trash storage area on the applicant's property and not in the public right-of-way,
5. Site Drainage - Storm runoff does not appear to be a problem at this site. Drywells
have been constructed, and the basic site drainage is into the property, away from the
street.
6. Property Monuments - At the time of the site visit, some of the property monuments
could not be found, The surveyor's certificate on the final plat must indicate that all
monuments were in place on a recent date of survey.
7. FinalPlat-
(1) Must show trees along Castle Creek Drive and Cemetery Lane in order to
identify them versus the right-of-way and property line.
(2) Must show the irrigation ditch.
(3) Must contain language in surveyor's certificate that all easements indicated on
title policy number _, dated , have been show on the plat.
8. Development in the Public Right-of-way - Given the continuous problems of
unapproved work and development in public rights-of-way, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130).
Approval of building permit plans does not constitute approval of design or work in the
public right-of-way.
Reco=ended Conditions of Approval
1. Prior to the sale of either unit, a condominium plat must be filed which meets the
requirements of Section 24-7-1004.D of the Municipal Code and the comments of the
Engineering Department review memo of June 8, 1993.
2. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
cc:
Bob Gish, Public Works Director
M91144
,......
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MEMORANDUM
TO:
Mayor and Council
FROM:
Amy Margerum, city Manager ~'
Diane Moore, city Planning Direct ;
Leslie Lamont, Senior Planner
THRU:
THRU:
DATE:
June 14, 1993
RE:
Castle Creek Townhomes Subdivision
Condominiumization and Vested Rights
Ordinance 33, Series of 1993
Exemption for
- First Reading
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY:
request a
duplex.
Although staff is in the process of
regulations, the applicant has
subdivision exemption accepting
certain risks are undertaken by
anticipated text amendments.
The applicants, Douglas P. Allen and Marvin O. Burton,
subdivision exemption to condominiumize a newly built
amending the condominiumization
elected to proceed with the
language which reflects that
the applicant in regards to
Staff recommends approval Ordinance ,Series of 1993. Please see
attached Ordinance, Exhibit A. --
BACKGROUND: It is the opinion of the City Attorney that the
existing condominiumization regulations in the Aspen Municipal code
are fully enforceable until Council approves the text amendments
changing the language in the Code.
Therefore the condominiumization of these residential units has
been reviewed pursuant to the existing Section 24-7-1007.
~taff has scheduled a public hearing at the Planning and zoning
~ commission on July 20, 1993 for the condominiumization text
--" amendments. The first Council meeting to review the text
amendments has been scheduled for August 9, 1993.
CURRENT ISSUES:
A. Proposed Amendments
The applicants propose to condominiumize a recently developed
duplex.
Due to the ongoing review of the condominium regulations, staff
recommends that language be included in the ordinance stating that
certain risks are undertaken by the applicant in regards to
,....,
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anticipated text amendments, and that if adopted, these amendments
may result in the lifting of requirements currently in place.
Pursuant to section 24-7-1007, the condominiumization of
residential units requires the following:
a. Purchase rights of existing tenants
Response:
tenants.
This is a new structure, there are no existing
b. six month minimum lease requirement
Response: The application states that the units shall be
restricted to six month minimum leases, with no more than two
shorter tenancies per year. Language to this effect shall be
included in the Condominium Declaration and in the Subdivision
Exemption Agreement.
c. Affordable Housing Impact fee,
Response: An accessory dwelling unit has already
approved for this duplex as a requirement of Ordinance 1.
deed restriction for the accessory dwelling unit has
filed with the Aspen/Pitkin county Housing Authority.
been
The
been
d. Building inspection
Response: During the development, the project was inspected
in April of 1993 as part of final inspection for a Certificate
of Occupancy.
RECOMMENDATION: Staff recommends
condominiumization of the duplex at 777-787
the following conditions:
approval of the
Castle Creek Drive with
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. The applicant shall file a condominium plat to be reviewed and
approved by the Engineering Department.
3. Prior to filing the condominium'plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
Language to that affect shall be included in the subdivision
exemption agreement.
4. A subdivision exemption agreement shall be filed with the
condominium plat.
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5. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
6. Prior to the sale of either unit, a condominium plat must be
filed which meets the requirements of section 24-7-1004.0 of the
Municipal Code and the comments of the Engineering Department
'review memo of June 8, 1993.
7. The applicant shall agree to Jo~n any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
RECOMMENDED MOTION: "I move to read Ordinance
, Series of 1993."
"I move to adopt Ordinance ,1993 on first reading granting
condominiumization for 777-787Castle Creek Subdivision."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
A. Ordinance , Series of 1993
B. Referral Comments
3
ORDINANCE NO.2?~
(SERIES OF 1993)
~ty Council
Approved
c::!l;Xe
Exhibit A
,19
c
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONDOMINIUMIZATION
AND VESTED RIGHTS STATUS FOR 777-787 CASTLE CREEK DRIVE, LOT 10,
CASTLE CREEK SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
~
~
WHEREAS, the applicants, Doug Allen and Marvin Burton, hav
submitted an application to condominiumize a newly developed duplex
and vest their development rights; and
l
WHEREAS, on July 1, 1992, the State Legislature enacted the 0
Colorado Common Interest Ownership Act ("CCIOA") which arguably ~
conflicts with certain provisions of the Aspen Municipal Code
governing the sUbdivision/condominiumization approval process as
adopted by City, and under which the instant condominiumization is
being processed for approval; and
WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS,
in the
event
amendments
to
the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is City
Council's desire that the applicant herein receive the benefit of
those amendments; and
WHEREAS, the City Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
1
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Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances mayor may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
WHEREAS, the Aspen City council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code, to wit, Division 10 section 24-7-1007, and has reviewed and
considered those recommendations by the Planning Department and has
taken public comment at public hearing; and
WHEREAS, the c~ty Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: In accordance with Section 24-7-1007 of the Municipal
Code, the city Council grants and awards condominiumization
approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek
Subdivision, subject to the conditions as specified herein:
1. All representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. The applicant shall file a condominium plat to be reviewed and
approved by the Engineering Department.
2
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,
3. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year.
Language to that affect shall be included in the subdivision
exemption agreement.
4. A subdivision exemption agreement shall be filed with the
condominium plat.
5. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
6. Prior to the sale of either unit, a condominium plat must be
filed which meets the requirements of Section 24-7-1004.0 of the
Municipal Code and the comments of the Engineering Department
review memo of June 8, 1993.
7. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
section 2:
Pursuant to section 24-6-207 of the Municipal Code,
the City Council does hereby grant the applicant vested rights for
777-787 Castle Creek Drive, Lot 10, Castle Creek Subdivision as
follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
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
3
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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 3: This Ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
section 4: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
section 5: 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 substantially 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 6: A public hearing on the Ordinance shall be held on the
day of
, 1993 at 5:00 in the city Council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
4
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newspaper of general circulation within the city of Aspen.
rNTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the city council of the city of Aspen on the
day of
, 1993.
John Bennett, Mayor
Attest:
Kathryn S. Koch, city Clerk
FINALLY, adopted, passed and approved this
, 1993.
day of
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
5
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:J
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Zoning Administration
, Leslie Lamont, Planning Office
Castle Creek Townhomes Subdivision Exemption for Condominiumization
Parcel ID No. 2735-122-06-002
May 12, 1993
FROM:
RE:
DATE:
Attached for your review and comments is an application submitted by Marvin Burton and
Douglas Allen.
Please return your comments to me no later than May 28, 1993.
Thank you.
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
May 12, 1993
Douglas Allen
600 E. Hopkins, suite 302
Aspen, CO 81611
Re: castle Creek Townhomes
Condominiumization
Case A30-93
Subdivision Exemption
for
.~.
Dear Douglas,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for first reading before the
Aspen City council on Monday, June 14, 1993 at a meeting to begin
at 5:00 p.m. Second reading is scheduled for July 12. Should
these dates be inconvenient for you please contact me within 3
working days of the date of this letter. After that the agenda
dates will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting dates, we will
call to inform you that a copy of the memo pertaining to the
application is available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case at 920-5101.
sincerely,
S~~lff
Administrative Assistant
forma:ec.DO.ph
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'-'
LAW OFF/CES OF
lJj)(f)1lJiGfLA:J, ll', Al1JU1lN
o
Alpine Professional Building
(j()() East Hopkins. Suite 302
Aspen. Colorado 8/6/1
Douglas p, Allen
Patricia K, Massender
(303) 925-8800
FAX (303) 925-9398
May 7, 1993
Leslie Lamont
City of Aspen Planning Department
130 South Galena Street
Aspen, Colorado 81611
Re: Castle Creek Drive Townhomes Condominiumization and Subdivision Exemption
Application
Dear Leslie:
In connection with the above, I enclose the following:
1. Completed Land Use Application Form;
2. Condominium plat of the property;
~
~ nnft C6Rd61f1iRillffi DeelaJ:atiga,../
4. Letter of authorization from my partner and co-owner.
5. Title commitment.
6. Our check in the amount of the required fee of $1,176.00 payable to the City of
Aspen.
The review standards for a subdivision exemption application for condominiumization are
met due to the fact that the duplex consists of two new units, not occupied by tenants, and only
offered for sale to individual owners. The 6 month minimum lease period as required by the
City is reflected in the Condominium Declaration. The requirement for an affordable housing
impact fee has been met by the construction of an accessory dwelling unit in accordance with
City Code and restricted in accordance with the requirements of the Aspen/Pitkin County
Housing Authority. Thus the proposed condominiumization will have no adverse impact on
affordable housing, but in fact, will supply affordable housing. The building has been inspected
,/",",
V
.......
""'"
Leslie Lamont
May 7, 1993
Page 2
by the Building Department in the month of April 1993 for the purpose of final inspection of
new construction and issuance of Certificate of Occupancy.
DPA/pjh
Enclosures
LTR\023
,,,..........., 1ITrAOlMENl' 1
'\o.-.,.!:AND USE APPLICATICN FORM
."
1)
P:I:oject Name
,
Castle Creek Townhomes
2) Prodect Location 777-787 Castle Creek Drive; Lot 10, Castle Creek Subdivision
(in:licate ~L...=t ad.h.
COWLqaiate)
, 10t & b10ck nuniJer, 1ega1 description lodlere "
3)
Present ZaniDJ
R-15
4) IDt size 19,732 square feet
5) App1icant's Name, ~ & Fbane I Marvin O. Burton and Douglas P. Allen
600 East Hopkins, Suite 302, Aspen, Colorado 81611
6) ~:s:utative's Name, ~ & Fbane I Douglas P. Allen, 600 East Hopkins,
Suite 302, Aspen, Colorado 81611 925-8800
,7) Type of Appl j~ti.an (p1ease ~ all ~t aw1y):
CDnditianal Use
_ 0lI'D:lpblal. SPA
Fina1 SPA
_ 0:n:::eptua1 Historic Dev.
Fina1 Historic Dev.
_ Speci"l Review'
8040 Greenline
_ 0lI'D:lpblal. roD
Minor Historic Dev.
..
_ stream Margin
Fina1 roo
Historic Dem>1ition
lbmtain view Plane
.
91bObrision '
_ Historic Designation
x ct.nkJnini.umization _ TextjMap Anerlment:
GO> AllotJDent
_ IDt Sp1itjIot Line
l\dju:'Ua:.,t
- GO> ExaIpti.an
8)
Descriptian of
awroximate sq.
prcperty) .
Exist:iDJ Uses ' (rw"-"- and type of existiDJ st:rucblres;
ft.; p1llh>r of b.:h.UUIb; any previaJs awrovaJs _ grcmted to the
No existing use--New structure
9) Description of Deve1~lt Appl.ication
Condominiumization of duplex, one unit of which contains accessory dwelling unit.
10) Have you attached the follaNin:J?
~ ~JSe to At:taclment 2, Mini.m.ml9Inni""c;:ion Contents
~ Respollse to At:taclment 3, ~if'ic 9,nni=ion Contents
~ Response to At:taclment 4, Review stan:ial:ds for Yoor App1ication
C lMlAJEWllN ([). IE7JJm1f([}N :)
Post Office Box 1224
Aspen. Colorado 81611
April 27, 1993
City of Aspen
Attention: Leslie Lamont
Planning Department
130 South Galena
Aspen, Colorado 81611
Re: Castle Creek Drive Townhomes, a condominium
Dear Leslie:
This letter is your authority to allow my partner, Douglas P. Allen to make application
for condominiumization of the above property located at 777-787 Castle Creek Drive, Aspen,
Colorado, and sign all documents and obtain all approvals nec ss for the condominiumization.
LTR3\092
.
./
~
CommonweaO",
Land Title Insurance Comp?,ny
COMMITMENT FOR TITLE
SCHEDULE A
--..
,
INSURANCE
1. Effective Date: 04/10/93
at
08:30 A.M.
Case No. PCT-7572C2
2. Policy or policies to be issued:
(a) ALTA Owner's Policy-Form B-1970
(Rev. 10-17-70 & 10'17-84 or 10-21-87)
Proposed Insured:
AUSTIN W. GLEASON and GEORGE ANNA GLEASON
AmountS 900,000.00
premiumS 1,034.00
(b) ALTA Loan Policy,
(Rev, 10-21-87)
Proposed Insured:
TO BE DETERMINED
AmountS 500,000.00
premiumS 50.00
Tax Cert. S 20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
MARVIN O. BURTON and DOUGLAS P. ALLEN
4. The land referred to in this Commitment is described as follows:
UNIT B, CASTLE CREEK TOWNHOMES, according to the Condominium Map thereof
recorded , 1993 in Plat Book at Page and as further
defined and described in the Condominium-Declaration for Castle Creek
Townhomes recorded , 1993 in Book ___ at Page ___' COUNTY OF
PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached.
Authorized officer or agent
,
[~
Commonweat:)",
Land Title Insurance Company
SCHEDULE B SECTION 2
EXCEPTIONS
......,
" ,I
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:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the 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 heretofore 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 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 Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted as reserved in united States Patent recorded
October 27, 1892 in Book 55 at Page 32 and December 3, 1892 in Book
55 at Page 35.
8. Terms, conditions, obligations and provisions of Agreement Providing
for Restrictions for the Castle Creek Subdivision recorded August
22, 1955 in Book 180 at Page 399.
9. Easements, rights of way and all matters as disclosed on Plats of
subject property recorded March 2, 1955 in Plat Book 2A at Page 177
and November 18, 1957 in plat Book 2A at Page 241.
10. Terms, conditions, obligations and provisions of Conveyance of Water
System as set forth in instrument recorded January 27, 1970 in Book
246 at Page 395.
11. Terms, conditions, obligations and provisions of Water Agreements as
set forth in instruments recorded in Book 180 at Page 401, Book 186
at Page 34 and in Book 186 at Page 465.
12.
Easements, rights of way and all
Castle Creek Townhomes recorded
at Page _'
matters as disclosed on Plat of
, 1993 in Plat Book
13. Terms, conditions, provisions, obligations, easements, restrictions
and assessments as set forth in the Condominium Declaration for
Castle Creek Townhomes recorded , 1993 in Book at
page _"
(Continued)
.
.
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CommonweaOt",
Land Title Insurance Comp;my
SCHEDULE B - SECTION 1
REQUIREMENTS
,....,
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The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1. Partial Release by the Public Trustee of the,
Deed of Trust from : Marvin O. Burton and Douglas P. Allen
to the Public Trustee of the County of PITKIN
for the use of Alpine Bank, Aspen
to secure $1,180,000.00
dated April 7, 1993
recorded April 9, 1993 in Book 708 at Page 339
reception no. 355725
2. Deed from
To
Marvin O. Burton and Douglas P. Allen
Austin W. Gleason and George Anna Gleason
3. Deed of Trust from: Austin W. Gleason and George Anna Gleason
to the Public Trustee of the County of pitkin
for the use of To be determined
to secure : $500,000.00
4. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
5. Certificate of nonforeign status executed by the transferor(s).
6. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with.
7. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado.
8. Recordation of a good and sufficient Plat of Castle Creek Townhomes
with all appropriate governmental approvals.
9. Recordation of a good and sufficient Condominium Declaration, Articles
of Incorporation and By-Laws for Castle Creek Townhomes.
CommonweGl$
Land Title Insurance Company
SCHEDULE B-SECTION 1
CONTINUED
.
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,
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water.
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE:
Pursuant,
(a)
(b)
(c)
If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
to Senate Bill 91-14 (CRS 10-11-122);
The Subject Real Property may be located in a Special Taxing
District;
A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title Policy anticipated by this Commitment.
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT-7572C2
05/10/93
13:28
'8'
~002
~//d0 /13
e, CITY OF ASPEN ~'
~-APPUCATION CONFERENcE SUMMARY
PROJECT;0IulJJ (\ilf7~,'
APPLJ:CAm-'S ~ENnTJ:VE: Q-10s Q}Q~
nEPRBSENTATIVE'S PHONE:' 5 - ~S?o n
OWNER'S NAME: M (\Jo.)-l~ 0' 8o.,.h,;) f)~ (p 11 VI-.
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SUMMARY
1. Type 01' Application: '75 ( .to. . J1.:xf .....~
2. ~ Describe a~~type 'of'deVel~~tt:i:n9 r~:'
(\nv--Jf>\'MJ./Y).d~t1 ,fA ,~
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l).R,~.
3. Areas is vhieh AppJ.1cant haS 'beEin :requested to ,:respOnd,
types of raports requested: ~
Policy Areaf ','
Ret'erra1 Acrent
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Colll1Deny' '"
o 1.
c: &()rk nJ f'~ -~~_
4. Review is: ,(PiitZ oniyJ
(P&Z then to ee)
5. Publio Hearing: (YES) (NO
G. ....."." of .;.,..... Of"':' ...11ca...... ~ be ~.....,~j;f _
7. What fee was applicant requested to submit: OJt-/c9... -t B':Ja-
8. Antioipated date' of submission~ A.~4.P .:Jj I J Tf6"
9. CO~S/um:QUE CON~S~Y>>~~j) ~ ~ (\J..hJ' "
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)"135'--};L::z. ...o(p-oo)...
ASPEN/PITKIN PLANNING OFFICE
130 Sou1f1 Galena Street
Aspen. Colorado 81611
(303) 920,5090
LAND USE APPLICATION FEES
CITY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-00100-00000-31070
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63338-154
-63339-155
COUNTY:
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-63450-146
-63235-148
REFERRAL FEES:
-63360-143
-63340-163
-63340-190
-63340-205
00115
00123
00125
PLANNING OFFICE SALES:
-63080-122
-69000-145
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Rnal
AII-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permij
Use Tax for Sign Permits
Exemption
Minor
Major Devel.
Sign~. Devel.
Demolition
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Rnal
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering - County
Engineering - City
Housing
Environmental Hea~h
County Code
Other (Copy Fees)
TOTAL
77 '1;?" 74 // ,/ /) ,.', .
/'f, / I -fL." 41"11
.a.. j
Nama:
Address:
,4, ,A
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Check #: I':'. '-- .7
Dale:
Phone:
ProJecl./Z'-' 7
L 14 ..
No ot Copies:
<J''''I'':) Of)
;:7-=>J/(jO
11'7t.. NJ
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