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HomeMy WebLinkAboutLanduse Case.CO.111 W Hyman Ave.A097-00 CASE NUMBER A097 -00 PARCEL ID # 2735- 124 -69003 CASE NAME West Shadow Mountain Townhomes Condominiumization PROJECT ADDRESS 111 & 113 W. Hyman PLANNER James Lindt CASE TYPE Condominiumization OWNER/APPLICANT William Snare REPRESENTATIVE Michael Herron DATE OF FINAL ACTION 11/2/00 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved and Recorde BOA ACTION DATE CLOSED 11/2/00 BY J. Lindt MEMORANDUM To: James Lindt, Planner From: Ben Ludlow, Project Engineer i._ Date: August 23, 2000 Re: West Shadow Mountain Townhomes Condominiums 1. All onsite - parking areas need to be shown including designated Parking Spots for each unit. If the parking is in a garage area then this needs to be noted on the plat 2. The trash storage area encroaches onto the alley on the southwest corner of the lot. This encroachment into the Public Right of Way needs to be removed as a condition of approval of the plat by the City Engineering Department. The trash storage should be 100% contained on site. 3. Pursuant to the City of Aspen Municipal Code, on site snow storage for each unit needs to be shown on the plat. The snow storage is not allowed in the Public Right of Way. RONALD GARFIELD -.AFIELD t ll CI , ll 601 EAST HYMAN AVENUE ANDREW V. HECHT` ATTORNEYS AT LAW ASPEN, COLORADO 81611 MICHAEL J. HERRON3 TELEPHONE DAVID L. LENYO E-mail: (970) 925 -1936 MATTHEW C. FERGUSON' atty @garfieldhecht.com TELECOPIER CHRISTOPHER J. LACROIX' 5 (970) 925 -3008 CHAD J. SCHMIT4 Website: www.garfieldhecht.com 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 TELEPHONE (970) 927-1936 TELECOPIER October 31, 2000 (970) 927 -1783 Via Hand Delivery James Lindt, Assistant City of Aspen Planner Aspen /Pitkin Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: West Shadow Mountain Townhomes Condominiums Dear James: In connection with the above enclosed you will find the following: A. Our firms check made payable to the Clerk and Recorder in the amount of $ 30.00; B. Two mylars of the plat for the above referenced condominium executed by the owners and Pitkin County Title, Inc.; C. Original powers of attorney for William and Margaret Snare to their son authorizing him to execute the plats. When the plat is recorded the powers of attorney should be simultaneously recorded. Should you have any questions please contact me. I would appreciate hearing from you when the plat is delivered to the Clerk and Recorder's office for recordation. I. also admitted to 2. also admitted to 3. also admitted to 4. also admitted to 5. also admitted to New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ® Printed on recycled paper C GARFIELD & RECUT, P.G. James Lindt, Assistant City of Aspen Planner Aspen /Pitkin Community Development Department October 31, 2000 Page 2 I thank you for your assistance in this regard. Very truly yours, GARFIELD 81 HECHT, P.C. By. Michael J. Herron MJH /sIs Enclosures M: \mictemp \MJH \Ives, Theodora \Lindt Ltr 10- 31- 0O.wpd r • 130 S. Galena St. Aspen CO 81611 Aspen/Pitkin (970) 920 -5090 Community (970) 920-5439, fax Development Department g d f I Ta: t, "lc (l �.I tr'::vt rom: °° m v\d Fax: ( Pages: Date: / j ( Phone: , Re: 4,, > ?' �..( h\,...i / �y {j C: C Urgent C For Review Please Comment C Please Reply C Please Rec; • Comments: • RECEIVED fn AUG 0 8 2000 9 d GARFIELD 81 HECH T, IP.. C. COM A ASPEN / RIPON F FI fl MFNT NUE RONALD GARFIELD' ANDREW V. HECHT ATTORNEYS AT LAW ASPEN, COLORADO 81611 MICHAEL I. HERRON3 TELEPHONE DAVID L. LENYO E -mail: (970) 925 -1936 MATTHEW C. FERGUSON' atty @garfieldhecht.com TELECOPIER CHRISTOPHER J. LACROIX'-5 (970) 925 -3008 CHAD J. SCHMIT4 Website: www.garfieldhecht.com 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 August 7, 2000 TELEPHONE (970) 927 -1936 TELECOPIER (970) 927 -1783 By: Hand Delivery Mr. James Lindt City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Condominiumization of West Shadow Mountain Townhomes Condominium Dear James: In connection with the above and our Pre - application Conference Summary held on July 6, 2000, 1 enclosed the following: A. Copy of Pre - Application Conference Summary; B. Land Use Application for such Condominiumization; C. Fee to the Apsen Community Development Department in the amount of $435.00; D. Consent for Representation from the owners of the two townhomes involved; E. Two copies of the proposed Condominium Plat; and F. Commitment for Title Insurance reflecting ownership of the property in William D. Snare and Margaret W. Snare and to Theordora H. Ives. I. also admitted to 2. also admitted to 3. also admitted m 4. also admitted to 5. also admitted to New York Bar District of Columbia Bar Florida Bar Illinois Bar Connecticut Bar ® Printed on recycled paper GARFIELD & HECHT, P.C. Mr. James Lindt August 7, 2000 Page 2 Please advise whether you require any further documentation or information in connection with this application. Once it has been approved, I will arrange for the mylars to be executed and delivered to the City. Very truly yours, Michael J. Herron MJH /dd Enclosures cc: Scott Snare (w /o encl.) Theodora Ives, via fax (w /o encl.) M: \mictemp \MJH \Ives, Theodora \Lindt.ltr.wpd MEMORANDUM TO: Plans }3cere routed to those departments checked -off below: City Engineer O Zoning Officer O Housing Director O Parks Department O Aspen Fire Marshal O City Water O Aspen Consolidated Sanitation District O Building Department O Environmental Health O Electric Department O Holy Cross Electric O City Attorney O Streets Department O Historic Preservation Officer O Pitkin County Planning FROM: James Lindt, Planning Technician Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone - 920.5104 Fax- 920.5439 RE: West Shadow Mountain Townhomes Condominiumization 111 and 113 W. Hyman Ave. Parcel ID #2735- 124 -69 -003 DATE: August 10, 2000 COMMENTS: No DRC needed unless Engineering requests it. Please return comments to me by August 24th. Thank You, James Lindt COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 28, 2000 at 8:30 AM Case No. PCT13116PR 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: Tax Certificate: $10.00 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: WILLIAM D. SNARE AND MARGARET W. SNARE, AS TO AN UNDIVIDED ONE -HALF INTEREST AND THEODORE H. IVES, AS TO AN UNDIVIDED ONE -HALF INTEREST 4. The land referred to in this Commitment is situated in the County of State of COLORADO and is described as follows: The East one -half of Lot E, all of Lots F and G, Block 61, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970 -925 -1766 Provisions and Schedules 970- 925 -6527 FAX A and B are attached. AUTHORIZED AGENT SCHEDULE B - SECTION 1 REQUIREMENTS 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: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. • • SCHEDULE B SECTION 2 EXCEPTIONS 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, encroachments, 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. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 561, Book 59 at Page 392 and in Book 59 at Page 135 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws ". 8. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded January 29, 1980 in Book 382 at Page 858. 9. Terms, conditions, provisions and obligations as set forth in Covenants as set forth in instrument recorded January 29, 1980 in Book 382 at Page 860. 10. Terms, conditions, provisions and obligations as set forth in Covenants as set forth in instrument recorded December 9, 1980 in Book 401 at Page 229. 11. Terms, conditions, provisions and obligations as set forth in Occupancy, Use and Maintenance Agreement, contained in deed recorded December 22, 1980 in Book 401 at Page 994. 12. Terms, conditions, provisions and obligations as set forth in Right of First Refusal, contained in deed recorded December 22, 1980 in Book 401 at Page 994. 13. Easements, rights of way and all matters as disclosed on Plat of subject property recorded January 29, 1980 in Plat Book 8 at Page 79. 14. Terms, conditions, provisions and obligations as set forth in Deed Restriction recorded December 28, 1995 in Book 803 at Page 392. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Deed of Trust from : WILLIAM D. SNARE AND MARGARET W. SNARE To the Public Trustee of the County of For the use of : NORWEST MORTGAGE, INC. Original Amount : $ 815,500.00 Dated : July 22, 1998 Recorded : July 23, 1998 Reception No. : 419743 • ADDITIONAL INFORMATION AND DISCLOSURES 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. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) 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: If the Company conducts the owners or loan 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 ". Pursuant to Senate Bill 91 -14 (CRS 10 -11 -122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) 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 Schedule B- Section 2 the Insuring Provisions and Schedules Commitment No. PCT13116PR A and B are attached. CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5104 1 DATE: 7.6.00 PROJECT: REPRESENTATIVE: �J1P -_1 - l� OWNER: TYPE OF APPLICATION: Subdivision exemption for Condominiumization DESCRIPTION: Condominiumization of existing platted land and house Land Use Code Section(s) 26.480.090 Condominiumization 26.304 Development Review Procedures Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. Public Hearing: No. Referral Agencies: Engineering Planning Fees: Planning Flat Fee $265 Referral Agency Fees: Engineering $170 Total Deposit: $435 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 5. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 6. Old (existing) plat if one exists. 7. Proposed plat from a registered land surveyor. Call City Engineer for plat requirements. 920.5080 8. Copies of prior approvals (from City Clerk) 9. 2 Copies of the complete application packet (items 2 -8) Process: Apply. Planner reviews case for completeness and sends to Engineering and referral agencies. 2 -3 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Plat is then signed by City Engineer. Applicant records the final plat at the County Clerk and Recorder (fee). 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. LAND USE APPLICATION PROJECT: Name: WEST SHADOW MOTTNTATN TOWNHOMES CONDOMTNTITM Location: 111 & 113 West Hyman Avenue, Lot 2 Hyman Street, Duplex Subdivision (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: William D. & Margaret W. Snare Address: 111 West Hyman Avenue, Aspen, Colorado 81611 Phone #: (970) 920 -9707 *See Addendum REPRESENTATIVE: Name:, Michael J. Herron Address Garfield & Hecht. P.C. 601 E. Hyman Avenue. Aspen. CO 81611 Phone #: (970) 925- 1936 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Tnratinn of an existing duplex PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominiumization of such duplex Have you attached the following? FEES DUE: $ 435.00 ❑ Pre - Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #2, Dimensional Requirements Form ❑ Response to Attachment #3, Minimum Submission Contents ❑ Response to Attachment #4, Specific Submission Contents ❑ Response to Attachment #5, Review Standards for Your Application CONSENT FOR REPRESENTATION THE UNDERSIGNED HEREBY, consent for Michael 3. Herron of the law firm of Garfield at Hecht, P.C. to represent them in connection with the condominiumization of the West Shadow Mountain Townhomes Condominiums located at 111 and 113 West Hyman Avenue, Aspen, Colorado. Theodora Ives William D. Snare by Power of Attorney dated March 28, 2000 argaret W. Snare by Power of Attorney dated March 28, 2000 M:\mictemp \MJH \Ives, Theodora \Consent for Representation.wpd Sent By: A S; 858 459 7446; Jul -24 -C 0:45AM; Page 2/2 3UL 24.2000 10:5!AM GARFIELD HECHT NO.ISI2 P g CONSENT FOR REPRESENTATION THE UNDERSIGNED HEREBY, consent for Michael 1. Herron of the law firm of Garfield at Hecht, P.C. to represent them in connection with the condominiumlzation of the West Shadow Mountain Townhomes Condominiums located at 111 and 113 West Hyman Avenue, Aspen, Colorado. j J /, 1 ea, `Theodora Ives 9 3) William D. Snare by Power of Attorney dated March 28, 2000 Margaret W. Snare by Power of Attorney dated March 28, 2000 M: \mjctemp\M1H \Ives, Theodora \Consent for RepresentaNOn.wpd