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HomeMy WebLinkAboutcoa.lu.co.400 w hopkins 0074.2009 c 1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0074. 2009 .ASLU PARCEL ID NUMBER 2735 124 50 012 PROJECTS ADDRESS 400 W. HOPKINS AVE PLANNER JENNIFER PHELAN CASE DESCRIPTION CONDO MAP AMENDMENT REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 312.17.10 CLOSED BY ANGELA SCOREY ON: 04.07.11 /lean RedueneutC , ansuu Sezvice t En 3613,r4o/!e«, ealaueda 21612 244«e/Paz (970)920 -1125 andoneC «Q7Cnnee.«et November 3, 2009 RECEIVED NOV 03 2009 • Mr. Drew Alexander, Planner CITY 01 ASPEN City of Aspen Community Development Department COMMUNITY DEVELOPMENT 130 South Galena Street Aspen, Colorado 81611 RE: SECOND AMENDMENT TO CONDOMINIUM MAP FOR SCOTT BUILDING Dear Drew, This is an application to amend the condominium map for the Scott Building, located at 400 West Hopkins Avenue (the corner of South Third Street and Hopkins Avenue). The property was originally described as Lots K through S, Block 38, City and Townsite of Aspen. The property was subdivided by the Aspen City Council in June, 1977 as the Scott Building Subdivision, which created eight (8) condominium units. The Final Plat and Condominium Map of the Scott Building Subdivision is recorded in Plat Book 6 at Page 13 of the Pitkin County Records. The first amended plat is recorded in Plat Book 14 at Page 34. The property is zoned R/MF (Residential /Multi - Family). This application is being submitted by Russell Scott III, Attorney -in -Fact for Ms. Mary Hugh Scott (hereinafter, "the applicant "), the owner of the property. Proof of the ownership of the property is provided by Exhibit #1, the commitment for title insurance. Authorization for Alan Richman Planning Services and Sarah Oates to represent the property owner for this application is provided by Exhibit #2. You provided us a Pre - Application Conference Summary (see Exhibit #3) which states that the following review procedures are required to condominiumize this property: Condominiumization, pursuant to Section 26.480.090. The pre - application form and the referenced Code section list the required contents of an application for condominiumization. In response to these requirements, the applicant is hereby submitting the attached second amendment to the final plat and condominium map illustrating the proposed amendments to the condominium units. The plat conforms to the requirements of Sec. 26.480.090 B.1 of the Land Use Code. The certificate of conveyance on the plat lists the amendments that are being made to the condominium map, which can be summarized as follows: • Mr. Drew Alexander November 3, 2009 Page Two 1. Units 6 and 7 are being combined into a single unit, to be known as Unit 6/7. 2. The actual locations of the walls comprising former limited common elements appurtenant to Units 5, 6, 7 and 8 are shown. These areas are to become a part of Unit 6/7. 3. The designations of the areas designated as "spa" and "study" have been modified such that they are being made a part of Unit 8. 4. The areas designated as "common space" is being confirmed to be a general common element. With respect to the first item listed above, I attach as Exhibit #4 a copy of a letter I wrote to Chris Bendon, the City of Aspen Community Development Director, dated August 6, 2009. That letter demonstrates that Units 6 and 7 have historically been occupied as a single dwelling unit. At no time were these units rented or leased and at no time were they occupied as separate dwelling units. Therefore, Chris confirmed that the provisions of Sec. 26.470.070.5 of the Code, Demolition or Redevelopment of Multi - Family Housing will not be triggered by the combination of these two units. Chris went on to recommend that an amended condominium map be filed to re- assemble the two units into one unit. This plat is being submitted to comply with that recommendation. I believe the above represents the materials required for the Community Development Department and the City Engineer to process this request. Please let me know if there is anything else you will need. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP '1✓ r EXHIBITS C EXHIBIT #1 J COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 15, 2009, at 7:30 A.M. Order Number: 914826 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (Extended) $1,637,500.00 Proposed Insured: KEVIN KIRVIDA (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4, Title to the referenced estate or interest in said land is at the effective date hereof vested in: MARY HUGH SCOTT 5. The land referred to in this Commitment is described as follows: Condominium Units 6 and 7 SCOTT BUILDING SUBDIVISION, A CONDOMINIUM According to the Map thereof recorded in Plat Book 6 at Page 4 and in Plat Book 6 at Page 13 and First Amended Plat recorded in Plat Book 14 at Page 34 and as defined and described in the Condominium Declaration recorded July 7, 1972 in Book 331 at page 510 as Reception No. 195691 COUNTY OF PITKIN, STATE OF COLORADO Purported Address: Statement of Charges: 400 West Hopkins 6 &7 These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Standard Rate 2006 Owner's Policy: $3316.00 Owner's Extended $150.00 Coverage: Tax Certificate: $20.00 Order Number 913636 ` - ,art ALTA Commitment (W17/06) — Schedule A Title Officer: Linda Williams t vV he guaranty company Page I of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 914826 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and 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 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 11. Reservations and exceptions contained in the Deeds recorded in Book 106 at Page 221 and 222 as follows: The full free and perpetual right to dig, work, search for mine and remove all ore and mineral bearing rock and earth underneath subject property, as to Lots Q and S, Block 38, City of Aspen. 12. Terms, conditions, obligations and restrictions as set forth in letter from the City of Aspen Order Number: 914526 Stewart ALTA Commitment (6/17/06)- Schedule B 2 Page 1 of 2 title guaranty company recorded September 14, 1976 in Book 316 at Page 593 as Reception No. 186381. 13. Terms, conditions and restrictions as set forth in Deed recorded August 22 1962 in Book 198 at Page 598 as Reception No. 113897, and in Amended Covenant recorded February 22, 1972 in Book 261 at Page 507 as Reception No. 150093, and in Approval recorded March 9, 1972 in Book 261 at Page 866 as Reception No.150383. 14. Condominium Declaration for Scott Building Condominiums recorded July 7, 1977 in Book 331 at Page 510 as Reception No. 195691. 15. All matters as shown and depicted on the Plat for Scott Building Condominiums recorded in Plat recorded in Plat Book 6 at Page 4 August 8, 1977 in Plat Book 6 at Page 13 as Reception No. 196457 and Amended Plat recorded February 4, 1983 in Plat Book 14 at Page 34 as Reception No. 248710. 16. Any and all leases and tenancies. Order Number: 914826 `�.rYYW ALTA Commitment (6/17/06)— Schedule 13 2 Page 2 of 2 -title guaranty company EXHIBIT #2 RUSSELL SCOTT III & COMPANY, LLC „ i r«<I) f rl August 31,2009 Mr. Drew Alexander, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: AMENDMENT TO CONDOMINIUM MAP FOR SCOTT BUILDING Dear Mr. Alexander, We hereby authorize Alan Richman Planning Services and Sarah Oates to act as our designated representatives with respect to the land use application being submitted to your office for an amendment to the condominium map for the Scott Building, located at 400 West Hopkins Avenue. Mr. Richman and Ms. Oates are authorized to submit an application for condominiumization. They are also authorized to represent us in meetings with staff and the applicable decision - making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application. In addition please carbon copy all correspondence to these respective emails Rusty an-rs3co.com and Gwen(a.rs3co.com. Thanks. Sincerely, AA/DR / Russell Scott III Attorney -In -Fact for Ms. Mary Hugh Scott 303 783 12310 303808 2715c 5420 So. Quebec Street, Suite 200 • Greenwood Village, CO 80111 • 303 - 783 -1231 • Fax: 303 - 783 -1211 EXHIBIT #3 3 CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429 -2739 • DATE: 08/28/09 PROJECT: 400 W. Hopkins Avenue APPLICANT: Mary Hugh Scott REPRESENTATIVE: Sarah Oates, 970- 920 -1700 TYPE OF APPLICATION: Amendment to Condominium Map, Condominiumization DESCRIPTION: The prospective Applicant would like to combine two existing condos in the property located at 400 W. Hopkins Avenue. This pre -app summary is specifically for the condominium map amendment required by the combination of units along with a proposal to remove an LCE that is currently shared by Units 5, 6, and 7. The LCE would become part of the ownership for the combined units. 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.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 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 $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: fl Total Deposit for review of application. O 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. n 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. CI Proof of ownership. El Completed Land Use Application. D Signed fee agreement. 3 Pre - application Conference Summary. O An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. O Proposed condominium plat. O 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. EXHIBIT #4 Alan Reeknaa C pQsnot, .Se ea. 3613 Alamo, (?olmrada 11612 Pose /?ax (970)920 -1125 aueasxa.c@aaliva.`cet August 6, 2009 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: SCOTT BUILDING CONDOMINIUM UNITS 6 & 7 Dear Chris, Thank you for agreeing to meet with me to discuss units 6 & 7 of the Scott Building Condominiums. I represent Mary Hugh Scott and her two sons, who are the owners of the subject units. The family recently entered into a contract to sell units 6 & 7 to an individual who intends to substantially remodel the two units and to occupy them a single dwelling unit. My clients are seeking a determination of whether the purchaser's proposed remodel will trigger the provisions of Section 26.470.070.5 of the Land Use Code, Demolition or Redevelopment of Multi- Family Housing, and require the provision of affordable housing. Following is some background information to help you to make this determination. 1. The Scott Building is located at 400 West Hopkins (corner of West Hopkins and Third Street). 2. The Scott Building Subdivision was approved by the City Council in June, 1977. The subdivision split the existing building into eight (8) condominium units. A subdivision agreement documenting the subdivision approval is recorded in Book 333 at Page 118 of the Pitkin County Records. 3. The original occupants of Unit 6 (a two bedroom unit) were Rusty and Joe Scott, Ms. Scott's sons. Unit 7 (a studio unit that does not contain a kitchen) was used as a guest bedroom for the family at this time. 4. In July, 1982 the Scott family sold units 4, 6, 7 and 8 to the Robert Franks Trust. Mr. Franks occupied units 4 & 8 (the top floor) as a single dwelling while his sisters occupied units 6 & 7 (the middle floor) as a single dwelling. The property was occupied by them as a vacation home /second home. My clients have informed me that neither Mr. Franks nor his sisters worked in Aspen or would qualify as "working residents" of Aspen. 0 Mr. Chris Bendon August 6, 2009 Page Two 5. In August, 1992 and April, 1993 Ms. Scott re- purchased units 4 & 8 and units 6 & 7, respectively. Ms. Scott initiated an extensive remodel of units 4 & 8. In 1994, Ms. Kerstin Wynn moved into units 6 & 7. Ms. Wynn receives a salary to be a "companion" to Ms. Scott. She has no specific job duties other than to travel abroad with Ms. Scott. So, in summary, condominium units 6 & 7 have historically been occupied as a single dwelling unit. The units provided bedrooms for the Scott brothers and guests of the family, then were occupied by the Franks sisters, and are currently occupied by Ms. Wynn. At no time were these units ever rented or leased and at no time were they occupied as separate dwelling units. Considering this information, I would ask you to confirm that the proposed remodel of the condominium units as a single dwelling will not trigger the provisions of Sec. 26.470.070.5 of the Land Use Code, Demolition or Redevelopment of Multi - Family Housing. Therefore, no affordable housing will be required as a condition of said remodel. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP 1 confirm that because you have demonstrated that Scott Building Condominium Units # 6 and #7 have historically been occupied as a single dwelling unit and were not rented or leased to working residents of Aspen, the proposed remodel of the condominium units as a single dwelling will not trigger the provisions of Sec. 26.470.070.5 of the Land Use Code, Demolition or Redevelopment of Multi- Family Housing. Therefore, no affordable housi g will b- required as a condition of�said remodel. / / ,% - r rudnnw No" yuv - enzuafrc C ris Bendon yam cireet- /U ak an Quist Community Development Director CG+r�lol ininfue rid 76 rutsse.nble 74 livo &{ol k fps aie CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Russell Scott III, Attorney -In -Fact for Ms. Mary Hugh Scott rc ,IC (hereinafter APPLICANT) AGREE AS FOLLOWS: RECEI • `D 1. APPLICANT has submitted to CITY an application for NOV o a 280$ Condominium Map Amendment for Scott Building (hereinafter, THE PROJECT). Y{ ¥ /1� 2. 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. 3. 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. 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 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. 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 $735 which is for 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 $235.00 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 APPLICANT By: By/ i /iii / . -dram Z" Chris Bendon Community Development Director Date: • / 0 Billing Address and Telephone Number: 5420 S. Quebec Street, Suite 200 Greenwood Village, CO 80111 303 - 783 -1231 r irs ?ctrcd 1D 2 ?3S-- (2- Lt, - 5 -D(2 007 4- 2009 (-IA •\:J \l '•" ..• ly 1y�•YJ.v QQ w wa. �. •• , •uJ - r'- w''�• L4! r ; 4 • .. ci Ae ` �1 0 tcs J Maa7 ydletarr ICustol Fplde Ian I alt IPsce 'Fes Summary 'Sub eernits I Attachments IRoyttng Status 'Routing 4 Permit Type laslu .Aspen Land Use Permit *10074 2009 ASLU Address 1400 W HOPKINS AVE J Apt /Suite 1680 tF 11 Gty IASPEN State'CO J Zip 181611 J g .,. 'end Informatian Master Permtl Routing Queue ask�07 APPted 177571617r J Protect 1 Status 'pending Approved 1 Desorption AMENDMENT TO CONDOMINUIMN MAP Issued r :or or Final I J Subritted (ALAN RICHMAN Clock unning Days ni Expres 1029/2010 J 10 Last Name 'SCOTT MARY HUGH First Name I 38 SUNSET DR 9 I CHERRY HILLS CO 80110 (2) Phone r Griner Is Appkant? Last Name 'SCOTT MARY HUGH First Name I 38 SUNSET DR CHERRY HILLS CO 80110 Phone 1 Cust *128706 PP : . Last Name I J First Name' or Phone C—k -tfr 3 n CMG %y S 73c-co * ophro. CON 5,4 2 Cast * tz4 (2(lD