HomeMy WebLinkAboutLand Use Case.1230 Mountain View Dr.0074.2010.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0074. 2010.ASLU
PARCEL ID NUMBER 2735 013 00 014
PROJECTS ADDRESS 1230 & 1232 MOUNTAIN VIEW DR
PLANNER JENNIFER PHELAN
CASE DESCRIPTION SUBDIVISION EXEMPTION
REPRESENTATIVE CHRIS SANDERS
DATE OF FINAL ACTION 12.18.10
CLOSED BY ANGELA SCOREY ON: 04.07.11
C
ATTORNEYS & COUNSELORS AT LAW
JEROME PROFESSIONAL BUILDING
p & Howard L.L.C. 201 NORTH MILL STREET, SUITE 201
man
Sher D Howard ASPEN, COLORADO 81611 -1557
1� 111 TELEPHONE. (970) 925-6300
FAX OFFICES OFFICES I DENVER S COLORADO SPRINGS • ASPEN VAR.
STEAMBOAT SPRINGS • PHOENIX• RENO • LAS VEGAS ST. LOUIS
city °k
22
Curtis 13. Sanders Qf, e0/do
Office Number (970) 925 -6300 Ext. 214 ry 0 '
E -mail: csanders(a,krabacher.com �`
c QO4N
November 22, 2010 FNj
Via Hand Delivery
Jennifer Phelan, Staff Planner
City of Aspen Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Re: Application for Condominiumization of Project at 1230 and 1232 Mountain View
Drive, Aspen, Colorado; Mountain View Drive Condominiums
Dear Jennifer:
In connection with the above matter, please find enclosed the following documents:
1. City of Aspen "Pre- Application Conference Summary" dated September 22, 2010 (two
copies);
2. "City of Aspen Community Development Department Agreement for Payment of City
of Aspen Development Fees" dated November 21, 2010 (two copies);
3. City of Aspen "Land Use Application" (two copies);
4. Authorization to represent letter dated November 21, 2010 from SREI Cottage
Mountain View LLC (two copies);
5. Current Certificate and Disclosure of Ownership reflecting status of title matters
affecting the subject property (two copies);
6. Vicinity Map depicting the location of the subject property in the City of Aspen (two
copies);
7. Draft copies of the proposed "Condominium Map of Mountain View Drive
Condominiums" (two copies);
8. Draft copies of the proposed "Condominium Declaration of Mountain View Drive
Condominiums" (two copies); and
BUS_RE\3713696.I
c
9. Applicant's check in the amount of $735.00.
As you will see, Condominium Map and the Condominium Declaration contemplate a
condominiumization of the existing property into two separate units (the "Unit A" and the "Unit
B "), each of which comprises one -half of the existing land and improvements. Each unit will
share a party wall, and the units will share in the cost of maintaining the shared driveway.
Otherwise, there are no other shared items, and no shared expenses.
Please note that although at the time of the pre - application conference the subject
property was owned by Chase Aubrey, LLC, the property is now owned by a project lender SREI
Cottage Mountain View LLC, and therefore it is now listed as the applicant.
Please confirm the completeness of the enclose land use application at your earliest
convenience. If you have any questions, please feel free to give me a call.
Ski t j/�
n anders
Enc.
cc: Mark C. Foster
Phelan.01
2
BUS_RE\3713696.I
Certificate and Disclosure of Ownership
I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for
SREI Cottage Mountain View, LLC, as Applicant, hereby certify that SREI Cottage Mountain
View LLC is the record owner of the real property described as follows (the "Property "):
PARCEL A:
A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West
of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section
corner between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian
of the Kimberly Survey,
bears South 14 degrees 20" West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 306 feet to a point of true beginning;
Thence North 85 degrees 15' West 167 feet;
Thence North 6 degrees 30' East 100 feet;
Thence South 89 degrees 30' East 152 feet;
Thence South 6 degrees 30' West 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 84 feet to the point of true beginning.
PARCEL B:
An undivided One - Quarter interest in and to a tract of land in the southwest quarter of Section I,
Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows:
Beginning at a point whence the quarter comer between Sections 11 and 12, said Township and
Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 390 feet to a point of true beginning;
Thence North 89 degrees 30' West 15 feet;
Thence North 6 degrees 30' East 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 28 feet to the point of true beginning.
PARCEL C:
A right of ingress and egress over and across a tract of land described as follows:
Beginning at the Northeast Corner of Parcel B Above,
Thence North 6 degrees 30' East 12 feet;
Thence North 89 degrees 30' West 179 feet;
Thence South 6 degrees 30' East 320 feet;
Thence South 85 degrees 15' East 12 feet;
Thence North 6 degrees 30' East 308 feet;
Thence South 89 degrees 30' East 167 feet to the point of true beginning.
All in Pitkin County, Colorado
BUS RE \3713707.1
I hereby further certify that as of the date hereof, the Property is subject to the following
encumbrances of record:
Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to
penetrate or intersect the premises as reserved ha United States Patent dated July 27, 1889, and recorded
August 17, 1889, in Book 55 at Page 5, as Reception No. 031787.
Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between
George Bargsten and Clare H. Bargsten and Richard Wright and Esther Wright, dated March 11, 1954,
and recorded March 16, 1954, in Book 180 at Page 237, as Reception No. 100896.
Terms, conditions, provisions, agreements and obligations specified under the Deed dated August 20,
1954, and recorded August 12, 1955, in Book 172 at Page 378, as Reception No. 102772.
Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by
and between Richard Wright and Ester Wright and the Aspen Metropolitan Sanitation District dated May
29, 1970, and recorded June 17, 1970, in Book 249 at Page 4, as Reception No, 140964.
Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric
Association, Inc. Underground Right -of -Way Easement by and between George E. Shaw and Teena F.
Shaw and Holy Cross Electric Association, Inc., dated August 31, 1993, and recorded September 02,
1993, in Book 723 at Page 134, as Reception No. 360720.
Together with the following:
Deed of Trust recorded October 5, 2007 as Reception No. 542813, of the real estate
records of Pitkin County, Colorado in favor of SREI Cottage Investments, LLC; and
Deed of Trust recorded January 30, 2008 as Reception No. 546196 and that certain Deed
of Trust recorded February 11, 2009 as Reception No. 556367, both in favor of Albers
Family Limited Partnership, L.P.
�)
Dated: November, 2010
t ' ers, • s ey Reg. No. 23551
BUS_RE13713707.1
Certificate and Disclosure of Ownership
I, Curtis B. Sanders, a duly licensed attorney of the State of Colorado, and as attorney for
SREI Cottage Mountain View, LLC, as Applicant, hereby certify that SREI Cottage Mountain
View LLC is the record owner of the real property described as follows (the "Property "):
PARCEL A:
A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West
of the Sixth Principal Meridian, more fully described as beginning at a point whence the quarter section
comer between Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian
of the Kimberly Survey,
bears South 14 degrees 20" West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 306 feet to a point of true beginning;
Thence North 85 degrees 15' West 167 feet;
Thence North 6 degrees 30' East 100 feet;
Thence South 89 degrees 30' East 152 feet;
Thence South 6 degrees 30' West 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 84 feet to the point of true beginning.
PARCEL B:
An undivided One - Quarter interest in and to a tract of land in the southwest quarter of Section 1,
Township 10 South, Range 85 West of the Sixth Principal Meridian described as follows:
Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and
Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 390 feet to a point of true beginning;
Thence North 89 degrees 30' West 15 feet;
Thence North 6 degrees 30' East 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 28 feet to the point of true beginning.
PARCEL C:
A right of ingress and egress over and across a tract of land described as follows:
Beginning at the Northeast Corner of Parcel B Above,
Thence North 6 degrees 30' East 12 feet;
Thence North 89 degrees 30' West 179 feet;
Thence South 6 degrees 30' East 320 feet;
Thence South 85 degrees 15' East 12 feet;
Thence North 6 degrees 30' East 308 feet;
Thence South 89 degrees 30' East 167 feet to the point of true beginning.
All in Pitkin County, Colorado
BUS _ RE\3713707.1
r
'4✓
I hereby further certify that as of the date hereof, the Property is subject to the following
encumbrances of record:
Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to
penetrate or intersect the premises as reserved in United States Patent dated July 27, 1889, and recorded
August 17, 1889, in Book 55 at Page 5, as Reception No. 031787.
Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between
George Bargsten and Clare H. Bargsten and Richard Wright and Esther Wright, dated March 11, 1954,
and recorded March 16, 1954, in Book 180 at Page 237, as Reception No. 100896.
Terms, conditions, provisions, agreements and obligations specified under the Deed dated August 20,
1954, and recorded August 12, 1955, in Book 172 at Page 378, as Reception No. 102772.
Terms, conditions, provisions, agreements and obligations specified under the Easement Agreement by
and between Richard Wright and Ester Wright and the Aspen Metropolitan Sanitation District dated May
29, 1970, and recorded June 17, 1970, in Book 249 at Page 4, as Reception No. 140964.
Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric
Association, Inc. Underground Right -of -Way Easement by and between George E. Shaw and Teena F.
Shaw and Holy Cross Electric Association, Inc., dated August 31, 1993, and recorded September 02,
1993, in Book 723 at Page 134, as Reception No. 360720.
Together with the following:
Deed of Trust recorded October 5, 2007 as Reception No. 542813, of the real estate
records of Pitkin County, Colorado in favor of SREI Cottage Investments, LLC; and
Deed of Trust recorded January 30, 2008 as Reception No. 546196 and that certain Deed
of Trust recorded February 11, 2009 as Reception No. 556367, both in favor of Albers
Family Limited Partnership, L.P.
Dated: Novembe2.2010
- Curtis B ers, Attorney Reg. No. 23551
BUS_RE\3713707.1
L LAND USE APPLICATION RECEIVED
ED
PROJECT: NnV 2 2 2010 _
Name: Mountain View Drive Condominiums CITY OF ASPEN
Location: 1230 and 1232 Mountain View Drive, Aspen, CoIoradcalKIININi6lEEh6PMfiJNo
referred to as 1210 Mountain View Drive, Aspen, Colorado 816111
Parcel ID # (REQUIRED) 273501300014; Legal description of property set forth on Exhibit A attached hereto.
APPLICANT:
Name: SREI Cottage Mountain View LLC
Address: 123 Madison Street, Suite 103, Denver, Colorado 80206
Phone #: (303) 321 -7997
REPRESENTATIVE:
Name: Curtis B. Sanders, Sherman & Howard L.L.C.
Address: 201 North Mill Street, Suite 201. Aspen, Colorado 81611
Phone #: (970) 925 -6300
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA — 8040 Greenline, Stream X Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
❑ Residential Design Variance Expansion
❑ Lot Line Adjustment
❑ Conditional Use ❑ Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
A new duplex residential structure has been constructed on the Property. The Property is not subject to any existing
land use approvals.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Applicant proposes a condominiumization of the Property into two residential units, with each unit comprised of all
of the land and improvements on each side of a common boundary and party wall.
Have you attached the following? FEES DUE: $735.00
X Pre - Application Conference Summary
X Attachment #1, Signed Fee Agreement
N /AResponse to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- including Written Responses to Review Standards
❑ 3 -D Model for large project
Alb plans that are larger than X 11" must be folded. A disk with an uric copy of all written text
(Microsoft Word Format) must Se submitted as part of the application. Large scale projects should include
r an electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D
model.
+
SREI COTTAGE MOUNTAIN VIEW LLC
By: / if a
ark C. oster, Manager
/ / ' /°
Date
I
1
2
fll TO 0251, „OCo, 1
Exhibit A to Land Use Applica A
•
(legal description of property)
PARCEL A:
A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth
Principal Meridian, more fully described as beginning at a point whence the quarter section corner between
Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey,
bears South 14 degrees 20" West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 306 feet to a point of true beginning;
Thence North 85 degrees 15' West 167 feet;
Thence North 6 degrees 30' East 100 feet;
Thence South 89 degrees 30' East 152 feet;
Thence South 6 degrees 30' West 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 84 feet to the point of true beginning.
PARCEL 13:
An undivided One- Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10
South, Range 85 West of the Sixth Principal Meridian described as follows:
Beginning at a point whence the quarter corner between Sections 11 and 12, said Township and Range, of the
Kimberly Survey bears South 14 degrees 20' West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 390 feet to a point of true beginning;
Thence North 89 degrees 30' West 15 feet;
Thence North 6 degrees 30' East 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 28 feet to the point of tnte beginning.
PARCEL C:
A right of ingress and egress over and across a tract of land described as follows:
Beginning at the Northeast Corner of Parcel B Above,
Thence North 6 degrees 30' East 12 feet;
Thence North 89 degrees 30' West 179 feet;
Thence South 6 degrees 30' West 320 feet;
Thence South 85 degrees 15' East 12 feet;
Thence North 6 degrees 30' East 308 feet;
Thence South 89 degrees 30' East 167 feet to the point of true beginning.
Together with and including a perpetual right of access to and from the subject property and Mountain View
Drive, over, across and along the roadway described under Parcel C above.
All in Pitkin County, Colorado.
3
ANC Rr11711KR7 1
LAND USE APPLICATION
P"(OJECT:
Name: Mountain View Drive Condominiums
Location: 1230 and 1232 Mountain View Drive, Aspen, Colorado 81611 (sometimes also
referred to as 1210 Mountain View Drive, Aspen, Colorado 81611)
Parcel ID # (REQUIRED) 273501300014; Legal description of property set forth on Exhibit A attached hereto.
APPLICANT:
SREI Cottage Mountain View LLC
Name:
123 Madison Street, Suite 103, Denver Colorado 80206
Address:
Phone #: (303) 321-7997
REPRESENTATIVE:
Curtis B. Sanders, Sherman & Howard L.L.C.
Name:
201 North Mill Street, Suite 201, Aspen, Colorado 81611
Address:
Phone #: (970) 925-6300
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ Subdivision ❑ Conceptual SPA
❑ ESA — 8040 Greenline, Stream X Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design. Variance ❑ Lot Line Adjustment
❑ Other:
❑ Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
A new duplex residential structure has been constructed on the Property. The Property is not subject to any existing
land use approvals.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Applicant proposes a condominiumization of the Property into two residential units, with each unit comprised of all
of the land and improvements on each side of a common boundary and party wall.
Have you attached the following? FEES DUE: $735.00
X Pre- Application Conference Summary
X Attachment #1, Signed Fee Agreement
N /AResponse to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3 -D Model for large project
BUS_RE\3713687.1
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) mus* "e submitted as part of the application. - ;e scale projects should include
an electronic 3 -D model. Your r application conference summary will ....irate if you must submit a 3 -D
model.
SREI COTTAGE MOUNTAIN VIEW LLC
By:
ark C. oster, Manager
//' z Z - W1
Date
2
BUS_RE13713687.I
Exhibit A to Land Use Application
(legal description of property"
PARCEL A:
A tract of land situate in the Southwest Quarter of Section 1, Township 10 South, Range 85 West of the Sixth
Principal Meridian, more fully described as beginning at a point whence the quarter section corner between
Sections 11 and 12, Township 10 South, Range 85 West of the Sixth Principal Meridian of the Kimberly Survey,
bears South 14 degrees 20" West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 306 feet to a point of true beginning;
Thence North 85 degrees 15' West 167 feet;
Thence North 6 degrees 30' East 100 feet;
Thence South 89 degrees 30' East 152 feet;
Thence South 6 degrees 30' West 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 84 feet to the point of true beginning.
PARCEL B:
An undivided One- Quarter interest in and to a tract of land in the southwest quarter of Section 1, Township 10
South, Range 85 West of the Sixth Principal Meridian described as follows:
Beginning at a point whence the quarter comer between Sections 11 and 12, said Township and Range, of the
Kimberly Survey bears South 14 degrees 20' West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 390 feet to a point of true beginning;
Thence North 89 degrees 30' West 15 feet;
Thence North 6 degrees 30' East 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 28 feet to the point of true beginning.
PARCEL C:
A right of ingress and egress over and across a tract of land described as follows:
Beginning at the Northeast Comer of Parcel B Above,
Thence North 6 degrees 30' East 12 feet;
Thence North 89 degrees 30' West 179 feet;
Thence South 6 degrees 30' West 320 feet;
Thence South 85 degrees 15' East 12 feet;
Thence North 6 degrees 30' East 308 feet;
Thence South 89 degrees 30' East 167 feet to the point of true beginning.
Together with and including a perpetual right of access to and from the subject property and Mountain View
Drive, over, across and along the roadway described under Parcel C above.
All in Pitkin County, Colorado.
3
BUS RE13713687.1
•
SREI 0., ETAGE MOUNTAIN vs„ie,W LLC
123 Madison Street, Suite 103
Denver, CO 80206
Tel. (303) 321 -7997
November 21, 2010
City of Aspen
Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Dear Sir or Madam:
I am writing as Manager of SREI Cottage Mountain View LLC to authorize
Curtis B. Sanders and the law firm of Sherman & Howard L.L.C. to act as the agent for
and representative of Chase Aubrey, LLC in all matters related to and in connection with
an application for condominiumization pursuant to Section 26.480.090 of the City of
Aspen Municipal Code, with respect to certain real property owned by SREI Cottage
Mountain View LLC and legally described on Exhibit "A" attached hereto and made a
part hereof. The address and phone number of the company's agent is as follows:
Curtis B. Sanders, Esq.
Sherman & Howard L.L.C.
201 North Mill, Suite 201
Aspen, Colorado 81611
Please contact me if you have any questions.
Thank you.
SREI COTTAGE MOUNTAIN VIEW
LLC, a Colora .limited liability company
By: 4-dell
Mark C. osier, Manager
Exhibit A
(Legal Description)
PARCEL A:
A tract of land situate in the Southwest Quarter of Section 1, Township 10 South,
Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a
point whence the quarter section corner between Sections 11 and 12, Township 10 South,
Range 85 West of the Sixth Principal Meridian of the Kimberly Survey,
bears South 14 degrees 20" West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 306 feet to a point of true beginning;
Thence North 85 degrees 15' West 167 feet;
Thence North 6 degrees 30' East 100 feet;
Thence South 89 degrees 30' East 152 feet;
Thence South 6 degrees 30' West 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 84 feet to the point of true beginning.
PARCEL B:
An undivided One - Quarter interest in and to a tract of land in the southwest
quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian
described as follows:
Beginning at a point whence the quarter corner between Sections 11 and 12, said
Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 390 feet to a point of true beginning;
Thence North 89 degrees 30' West 15 feet;
Thence North 6 degrees 30' East 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 28 feet to the point of true beginning.
PARCEL C:
A right of ingress and egress over and across a tract of land described as follows:
Beginning at the Northeast Corner of Parcel B Above,
Thence North 6 degrees 30' East 12 feet;
Thence North 89 degrees 30' West 179 feet;
Thence South 6 degrees 30' East 320 feet;
Thence South 85 degrees 15' East 12 feet;
Thence North 6 degrees 30' East 308 feet;
Thence South 89 degrees 30' East 167 feet to the point of true beginning.
All in Pitkin County, Colorado.
BUS REL3713695.1
SREI COTTAGE MOUNTAIN VIEW LLC
• 123 Madison Street, Suite 103
Denver, CO 80206
Tel (303) 321 -7997
November 21, 2010
City of Aspen
Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Dear Sir or Madam:
I am writing as Manager of SREI Cottage Mountain View LLC to authorize
Curtis B. Sanders and the law firm of Sherman & Howard L.L.C. to act as the agent for
and representative of Chase Aubrey, LLC in all matters related to and in connection with
an application for condominiumization pursuant to Section 26.480.090 of the City of
Aspen Municipal Code, with respect to certain real property owned by SREI Cottage
Mountain View LLC and legally described on Exhibit "A" attached hereto and made a
part hereof. The address and phone number of the company's agent is as follows:
Curtis B. Sanders, Esq.
Sherman & Howard L.L.C.
201 North Mill, Suite 201
Aspen, Colorado 81611
Please contact me if you have any questions.
Thank you.
SREI COTTAGE MOUNTAIN VIEW
LLC, a Colora_do.limited liability company
By: d
-
Mark C. oster, Manager
BUS_RE\3713695.1
• Exhibit A
(Legal Description)
PARCEL A: ° »4<
A tract of land situate in the Southwest Quarter of Section 1, Township 10 South,
Range 85 West of the Sixth Principal Meridian, more fully described as beginning at a
point whence the quarter section corner between Sections 11 and 12, Township 10 South,
Range 85 West of the Sixth Principal Meridian of the Kimberly Survey,
bears South 14 degrees 20" West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 306 feet to a point of true beginning;
Thence North 85 degrees 15' West 167 feet;
Thence North 6 degrees 30' East 100 feet;
Thence South 89 degrees 30' East 152 feet;
Thence South 6 degrees 30' West 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 84 feet to the point of true beginning.
PARCEL B:
An undivided One - Quarter interest in and to a tract of land in the southwest
quarter of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian
described as follows:
Beginning at a point whence the quarter comer between Sections 11 and 12, said
Township and Range, of the Kimberly Survey bears South 14 degrees 20' West 2498 feet;
Thence South 85 degrees 15' East 1085 feet;
Thence North 6 degrees 30' East 390 feet to a point of true beginning;
Thence North 89 degrees 30' West 15 feet;
Thence North 6 degrees 30' East 28 feet;
Thence South 89 degrees 30' East 15 feet;
Thence South 6 degrees 30' West 28 feet to the point of true beginning.
PARCEL C:
A right of ingress and egress over and across a tract of land described as follows:
Beginning at the Northeast Comer of Parcel B Above,
Thence North 6 degrees 30' East 12 feet;
Thence North 89 degrees 30' West 179 feet;
Thence South 6 degrees 30' East 320 feet;
Thence South 85 degrees 15' East 12 feet;
Thence North 6 degrees 30' East 308 feet;
Thence South 89 degrees 30' East 167 feet to the point of true beginning.
All in Pitkin County, Colorado.
BUS_RE\3713695.1
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Jot4ment of City of Aspen Development Aoblication Fees
CITY OF ASPEN (hereinafter CITY) and SREI Cottage Mountain View LLC (hereinafter
APPLICANT) AGREE AS FOLLOWS:
a. APPLICANT has submitted to CITY an application for Condominiumization
pursuant to City of Aspen Land Use Code Section 26.480.090 (hereinafter, THE PROJECT).
b. APPLICANT understands and agrees that the City 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.
c. APPLICANT and CITY agree that because of the size, nature 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 will be benefited by
retaining greater cash liquidity and will make additional payments upon notification by the CITY
when they are necessary as costs are incurred. CITY agrees it will be benefited through the
greater certainty of recovering its full costs to process APPLICANT'S application.
d. 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
Commission, 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.
e. 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 $735.00 which is for three (3) hours of Community
Development staff 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
date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing, and in no case will building permits be issued until all costs associated
with case processing have been paid. �/
CITY OF ASPEN APPLICANTS W4 4 C.c (74/7° /v!«t+4.' 74 Lit
By: By: Jirt./G4it -
Chris Bendon
Community Development Director Date: /1 ZZ - 2
Billing Address and Telephone Number:
c/o Mark C. Foster, 123 Madison Street, Suite 103
Denver, Colorado 80206
(303) 321-7997
BUS_RE\3713686.1
CITY OF ASPr'COMMUNITY DEVELOPMEN )EPARTMENT
Agreement for Payment of City of Aspen Development Application' Fees
CITY OF ASPEN (hereinafter CITY) and SREI Cottage Mountain View LLC (hereinafter
APPLICANT) AGREE AS FOLLOWS:
a. APPLICANT has submitted to CITY an application for Condominiumization
pursuant to City of Aspen Land Use Code Section 26.480.090 (hereinafter, THE PROJECT).
b. APPLICANT understands and agrees that the City 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.
c. APPLICANT and CITY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs invorved 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 will be benefited by
retaining greater cash liquidity and will make additional payments upon notification by the CITY
when they are necessary as costs are incurred. CITY agrees it will be benefited through the
greater certainty of recovering its full costs to process APPLICANT'S application.
d. 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
Commission, 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.
e. 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 $735.00 which is for three (3) hours of Community
Development staff 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
date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing, and in no case will building permits be issued until all costs associated
with case processing have been paid.
CITY OF ASPEN APPLICAN R c /. & AI � 4
By: By: 'd1t 4 t :- 4
Chris Bendon /
Community Development Director Date: 1/ Z Z - 7.0/0
Billing Address and Telephone Number:
c/o Mark C. Foster, 123 Madison Street, Suite 103
Denver, Colorado 80206
(303) 321-7997
BUS_RE13713686.1
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429 -2759 DATE: 9.22.10
PROJECT: 1210 Mountainview Drive, Condominiumization
REPRESENTATIVE: David Hailey
OWNER: Chase Aubry LLC
DESCRIPTION:
The Applicant is pursuing Condominiumization for the property located at 1210 Mountainview Drive, The
subject site is a recently completed duplex and now the owner is prepared to create a condominium
ownership for the two existing dwelling units.
Land Use Code Section(s)
26.304 Common Development Review Procedures (as applicable)
26.480.090 Condominiumization
Review by: - Staff for complete application
- 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 $245
per hour)
Referral Fees: None
Total Deposit: $735.00
Total Number of Application Copies: 2 paper copies of the draft plat
To apply, submit the following information:
1. Total Deposit for review of application.
2. 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.
3. 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.
4. Completed Land Use Application. (only pages 3 and 4 of the link below)
5. http: / /www.aspenpitkin.com /Portals /O /docs /City /Comdev/ Apps% 20and %20Fees /landuseappform.pdf
6. Pre - application Conference Summary.
7. Letter authorizing owner representation.
8. Proposed condominium plat.
11. All other materials required pursuant to the specific submittal requirements.
12. Applications shall be provided in paper format (number of copies noted above).
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.
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429 -2759 DATE: 9.22.10
PROJECT: 1210 Mountainview Drive, Condominiumization
REPRESENTATIVE: David Hailey
OWNER: Chase Aubry LLC
DESCRIPTION:
The Applicant is pursuing Condominiumization for the property located at 1210 Mountainview Drive. The
subject site is a recently completed duplex and now the owner is prepared to create a condominium
ownership for the two existing dwelling units.
Land Use Code Section(s)
26.304 Common Development Review Procedures (as applicable)
26.480.090 Condominiumization
Review by: - Staff for complete application
- 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 $245
per hour)
Referral Fees: None
Total Deposit: $735.00
Total Number of Application Copies: 2 paper copies of the draft plat
To apply, submit the following information:
1. Total Deposit for review of application.
2. 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.
3. 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.
4. Completed Land Use Application. (only pages 3 and 4 of the link below)
5. http: / /www.aspenpitkin.com /Portals /0 /docs /City /Comdev/ Apps% 20and %20Fees /landuseappform.pdf
6. Pre - application Conference Summary.
7. Letter authorizing owner representation.
8. Proposed condominium plat.
11. All other materials required pursuant to the specific submittal requirements.
12. Applications shall be provided in paper format (number of copies noted above).
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.
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