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Home My WebLink AboutLand Use Case.555 E Durant Ave.0059.2009.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0059.2009.ASLU XXXXXX)W000 555 E. DURANT AVE JENNIFER PHELAN SUBDIVISION EXEMPT SARA OATES 10.29.2009 CLOSED BY Angela Scorey on 10/29/2009 ~. -- . Flo Qv~~ ID '~ _ oos9.2oo9•'~'~c•~ EJ~ Ede @ecord N~'~ Form RoPa~ Forp~at Iab kiep i o{ a P ~a~~t-,~ro1 :~~Qt'I~ ~~ ~•,~ /~~':~® V O ~- -x- AA jj ~p ii rr~~ ~ ry • IJ ~i~l ~ 11~ ~ Lf3 • i 4J ~ ~ YJ ~ Yd nY I~ Ism IFS P~~ tias~+rx sube~~ IAtc+<+r„entaROS~ws[+as Ira c - Permit Type aslu ~ Aspen Land Uu PermR Y 0059.2009.ASLU Address 555 E DURANT AVE v Ap[f5uite UNIT C-1 I, City ASPEN State CO ~ tip 81611 J ', __-_ -Perrot Worma[ion -__ _._ _..__ __ __..... ........_ ..__. __.. Mastro PermT~-J RaRu~q Queue aslu07 Applied 09f23/2009 J pfeJa[ J Status perdng Approved ~- Description SUBDIVISION EXEMPTION Issued ~~ Fib ~-J Submitted SARA OATES 920 1700 Cbck Rurnhg Days ~ Expces 09f IBf2010 J '. _ __ . _ Owner _-_ _. Last Name GRENKO PROPERTIES LTD ~ Fvst Name ~- CARBONDA E CO 81623 Phone ~- rOwner Is Apptlcant? . ~.~, Las[ Name OATES KNE2EVICN & GARDI ~ FYSt Name ~ 533 E HOPKINS AVE ASPEN CO 81611 Phone (970) 920- V00 Cust t 25151 J tender .___ Last Name ~_ ~ Firs[ Name ~- I. j i- i Phone ~- I _.- _. -. -_ _ -_. _. e<,...,r„dnrhl fir- Record: 1 d 1 C.k (~ 13 S ~ U•D CCG ~ 22-'l ~,,,~v ~ 2~>t~ r ~~ ~ c~ 9~24'0°~ 1~. d-. ~,, Jennifer Phelan From: Sarah Oates [smo@okglaw.com] Sent: Monday, October 12, 2009 9:40 AM To: Jennifer Phelan Subject: Re: draft comments Follow Up Flag: Follow up Flag Status: Flagged Hi Jen, I just got back from the wedding/honeymoon. Thanks so much for all your help on this. I know Mazia was wrapping up a few loose ends before we go to mylazs but I just wanted to thank you for your help! Sarah On Oct 1, 2009, at 2:34 PM, Jennifer Phelan wrote: Hi Sarah: Below are the comments on the North of Nell plat divided into planning and engineering comments. I'd direct any questions to either Tricia or me depending upon who made the comment. Jewvufer f''hela.w, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.asoenoitkin.com From: Tricia Aragon Sent: Wednesday, September 30, 2009 4:20 PM To: Jennifer Phelan Subject: RE: draft comments Looks good. As far as comment number 9, it's just a general comment to make sure there is access to the ROW. In reality there is but it should show that on the plat. Trish Aragon, P.E. City Engineer City of Aspen 130 S. Galena Aspen, CO 81611 Phone: (970) 429-2785 Fax: (970)920-5081 From: Jennifer Phelan Sent: Wednesday, September 30, 2009 4:16 PM 11 forth of l~jell September 25, 2009 Aspen City Community Development 130 S. Galena Aspen, CO 81611 Deaz Sirs: The North of Nell Condominium Association through the ownership has authorized and approved the proposed plans for the Grenko properties to legally subdivide commercial condo unit C-1 in order to create 6 units. We look forward to a timely approval. Please call with any questions. Sincerely, Joe Raczak General Manager 555 E. Durant Avenue Aspen, Colorado 81611 (970) 925-1510 (800) 481-1510 Fax (970) 925-1550 Web: www.northofnell.com E-mail: northofnell@sopris.net r-~ '~, ., _> PROJECT: ATTACHMENT 2 -LAND USE APPLICATION Name: North of Nell, Unit C-1 n `~~' ~~ ~~ p_V LOCatlOn: 555 E. Durant Avenue, Aspen, CO 81611 N ~ ~_ J Indicate street address, lot & block number, le al descri lion where a ro Parcel ID # (REOUIREDI ._ APPLICANT: Name: Grenko Properties, Ltd Address: c/o Toni Grenko, Operating Manager; P.O. Box 1120, Carbondale, CO 81623 Phone #: Natne: ~ i~c.~~l` Oates, Knezevich, Gardenswartz & Xelly, PC (Contact: Sarah Oates Address: G~Tf",\a;!C' ~ 533 E. Hopkins Avenue, Third Floor; Aspen, CO 81611 PllOne#: (970) 920-1700 / smo@okglaw com TYPE OF APPLICATION: (please check all that applYl: ^ GMQS Exemption ^ GMQS Allotment ^ Special Review ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Commercial Design Review ^ Residential Design Variance ^ Conditional Use ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Subdivision Q Subdivision Exemption (includes condominiumization) ^ Lot Split ^ Lot Line Adjustment ^ Temporary Use ^ Text/Map Amendment ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Small Lodge Conversion/ Expansion ^ Other: EXISTING CONDITIONS: (description of existing buildings uses previous approvals etc ) Single ownership of a commercial space currently partitioned into three separate units PROPOSAL: (description of proposed buildings uses modifications etc ) Condominiumization of space into five separate units• phys'cal walls will not necessarily coincide with condo map lines na you auacncu me iuuuwmgt NEES DUE: $ 735 ~ Pi~e-Application Conference Summary ,~ U'Attachment #1, Signcd Fee Agreement ~q ^. Response to Attachment #3, Dimensional Requirements Form i3 ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~%~^ 3-D Mode] for lazge project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ~ .. 1 ~.. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429-2739 DATE: 08/12/09 PROJECT: North of Nell Condo Map Amendment, 555 E. Durant Ave. APPLICANT: Tony Grenko, Grenko Properties, Ltd. REPRESENTATIVE: Sarah Oates, 970-920-1700 TYPE OF APPLICATION: Amendment to Condominium Map, Condominiumization DESCRIPTION: The prospective Applicant would like to further condominiumize an existing retail space in the North of Nell building, 555 E. Durant, Aspen, Co. The existing space is currently condominiumized for single ownership and the owner would like to create five separate spaces to allow for possible future ownership by different parties. The amendment to the condominium map must show the planned devising lines for the five condominium spaces. This type of review is administrative and no public hearing is required. Below is a link to the Land Use application Form for your convenience. http //www asoenpitkin com/odfs/deots/41/landuseaooform pdf RECEIVE Land Use Code Section(s) 26.304 Common Development Review Procedures bt;~ ~ ,:, 77+ 26.480.090 Condominiumization ~k ; r ~. }~.rCN ~I~~tli~~,-0, Review by: -Staff for complete application )EV~(pp~ - Community Development Director for Condominiumization Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: ~,TOtal Deposit for review of application. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. '~ Proof of ownership. Completed Land Use Application. Signed fee agreement. . _- .! Pre-application Conference Summary. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. ~- ~--5~ r-Y~ ~4 Proposed condominium plat. -~7 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ,--. '~ MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE GRENKO PROPERTIES, LTD. LEGAL DESCRIPTION UNIT COMMERCIAL 1, NORTH OF NELL CONDOMINIUM, according to the Map thereof filed for record in Plat Book 3 at Page 329, and according to the Condominium Declaration thereof recorded December 3, 1968 in Book 237 at Page 674. DEED OF TRUST APPARENTLY UNRELEASED DEED OF TRUST FROM : GRENKO PROPERTIES, LTD. TO THE PUBLIC TRUSTEE OF THE COUNTY OF Pitkin FOR THE USE OF :COMMUNITY BANKS OF COLORADO TO SECURE $1,000,000.00 DATED :December 30, 2005 RECORDED :January 4, 2006 RECEPTION NO. :519230 Assignment of Rents given in connection with the above Deed of Trust recorded January 4, 2006 as Reception No. 519231. LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: August 13, 2009 PITKIN COUNTY TITLE, INC. BY: ''~~~~,~ Authorized Officer JOB NO: ACCOM2476 .-. ~" RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Jc~' 2 3 2009 A¢reement for Payment of City of Aspen Development Anulication Fees ;+ LIT Y ~F HJF~tN t~~ ~OMMUNITV DEU~IOPINENT CITY OF ASPEN (hereinafter CITY) and ~.I VCN (4tl a Z ~l 7 W~ t (,-~ . (hereinafter APPLICANT) AGREE AS FOLLOWS: i. APPLICANT has submitted to CITY an (hereinafter, 2. APPLICANT understands and agrees that the Ciry of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, natwe or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he wilt be benefited by retaining greater cash tiquidiry and will make additional payments upon notification by the CITY when they aze necessary as costs aze incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Cpmmission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 73 5 which is for _~ hours of Community Development stall' time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing data APPLICANT further agrees that failure to pay such accrued costs shall be grounds €or suspension o€ processing, and is no case will building permits be issued until all costs associated with case processing have been paid. CTTY OF ASPEN Chris Bendon Community Development Director APPLICANT Date: ~S~ 11 /V I Billing Address and Telephone Number: ~% Tart, Gfs.l~ r, ~h ~ ~~ . n ~>< I zo CG/ ra.,l cCt frs 5c 16 2 ...~ ,~•. ~ .' August 17, 2009 City of Aspen Community Development Deparknent 130 south Galena Street Aspen, Colorado 81611 Re: Amendment to Condominium Map for North of Nell To whom it may concern, Grenko Properties, Ltd. has retaining the legal services of Maria Morrow and her associates at Oates, Knezevich & Gardenswartz & Kelly,P.C. to represent our interests in this application. As managing partner, I hereby authorize Ms. Morrow, Sarah Oates and representatives of this firm to represent Grenko Properties, Ltd. in this matter. Thank you for your assistance in this application. Resepctfully, Toni Grenko Grenko Properties, Ltd. P.O. Box 1120 Carbondale, Colorado 81623