HomeMy WebLinkAboutLanduse Case.CO.202 E Main St.A087-99
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To: Chris Bendon, Planner
From: Chuck Roth, Project Engineer (!.'f2-
Date: October 6, 1999
Re: Main Street Victorians Condominium Plat
The Development Review Committee has reviewed the above referenced application at their
October 6, 1999 meeting, and we have the following comments:
General- (1) These comments are based on the factthat:o/e belieye th.atthes}lbJTIitt~<i site plan is
accurate, that it shows all site features, and that it is feasible. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering Deparhnent. This is to halt
complaints related to approvals tied to "issuance of building permit." (2) If there are any
encroaclunents into the public right-of-way, the encroaclunent must either be removed or be subject
to current encroaclunent license requirements.
I. The sub-title should be Subdivision Exemption Plat.
2. Indicate zone district.
3, Include plat note stating: "All easements of record as indicated on Title Policy No. _ ,
dated [within the past 12 months] are shown hereon."
~Show trees on the property and in the adjacent public rights-of-way that are subject to the tree
rerlroval ordinance. .
~(Show curb and gutter. Indicate adjacent public right-of-way widths. Indicate trash storage areas
foteach unit that are on private property,
6. The Engineering Deparhnent cannot sign off on an "interim" parking space, If the space is
going to be relocated to the Unit B side, show that on the drawing. Also, parking spaces are 8\1,'
wide. Do not show a parking space overlapping a wooden walkway.
7. The surveyor needs to state the date on which he performed the survey, which must be within
the past 12 months. The plat must state that the survey closes to within 1: 10,000.
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8. Add City Engineer's certificate.
9. In owner' certificate, print name of owners for legibility.
10 City Utilities- Separate water and electric meters need to be installed for each unit or water and
electric services agreements need to be entered meeting the satisfaction of the City Utilities
Director. Provide clearance letter to City Engineering prior to plat signing.
11. Aspen Consolidated Sanitation District - Separate service lines need to be installed or an
agreement entered meeting the satisfaction of the Sanitation District. Provide clearance letter to
City Engineering prior to plat signing.
12. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
DRC Attendees
Staff: Karma Borgquist, Ed Van Walraven, Joyce Ohlson, Chris Bendon, Stephen Kanipe, Tom
Bracewell, Chuck Roth
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LAW OFFICES OF
OATES, KNEZEVICH & GARDENSWARTZ, P,C.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
LEONARD M. OATES
RICHARO A. KNEZEVICH
TED Q. GAROENSWARTZ
DAVID B. KELLY
TELEPHONE (970) 920-1700
FACSIMILE (970) 920-1121
October 4, 1999
e-mailohkg@rof.net
DAVID B. MUELLER
A 81 ,,~
OF COUNSEL:
MICHAEL FEIGENBAUM
JOHN T. KELLY
By Hand Delivery
Mr. Chris Bendon
Community Development Department
130 South Galena, 3'd Floor
Aspen, CO 81611
Re: Application for Subdivision Exemption for Condominiumization
202 and 208 East Main Street. Asoen. Colorado
Dear Chris:
Please review this application for the following:
Code Section
Subdivision Exemption
for Condominiumization,
202/208 East Main Street
26.480.090
26.304.030
In connection with your review, I have enclosed a check in the amount of $415 for the
Planning and Referral Agency fees.
Background
Claudette Carter, the applicant hereunder, owns the property located at 202 and 208 East
Main Street, Aspen, Colorado, legally known as Lots L & M, Block 73, City and Townsite of
Aspen, as more particularly shown on the Vicinity Map attached hereto as Exhibit A and the
Condominium Plat prepared by High Country Engineering attached hereto as Exhibit B. The
applicant submits this application in order to divide the property and improvements into two (2)
condominium units, as more fully depicted on the Condominium Plat.
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OATES. KNEZEVICH & GARIJENSWARTZ, P.C.
As evidence of ownership the subject property, a title commitment issued by Land Title
Guarantee Company is attached hereto as Exhibit C. Also, the applicant's letter confirming that
I am her representative for purposes of this Application is attached hereto as Exhibit D. Lastly, I
note that there is neither an existing plat of record for this property nor any prior approvals
(Items 6 and 8 on the Pre-Application Conference Summary, attached hereto as Exhibit E.
Criteria for Approval
The applicant has satisfied the criteria for the Subdivision Exemption for
Condominiumization described in Section 26.480.090 of the Land Use Code, and the
development review procedures described in Section 26.304 of the Code. Under Section
26.480.090, the applicant has, pursuant to this Application, submitted for the Planning and
Engineering Department's review, a Condominium Subdivision Plat consistent with the
requirements described Subsection (B)(l)(b) thereunder. Under Section 26.304, the applicant
has satisfied Section 26.304.020 (Pre-application conference) and hereby has submitted the
information and materials described in Section 26.304.30 (B). Lastly, the applicant has satisfied
Section 26.304.040 as she owns in fee 100% of the subject property.
Please call me with any questions you have relating to this application or any of the
information or materials submitted herewith. Thank you for your time and assistance in this
matter and, on behalf of the applicant, I want to express her great appreciation for the prompt
review your are giving this application.
Sincerely,
OATES, KNEZEVICH & GARDENSW ARTZ, P.C.
By Michael Feigenbaum
Enclosures
cc: Claudette Carter
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EXHIBIT B
(CONDOMINIUM PLAT)
Submitted to Planning Department on 9/30/99.
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EXHIBIT C
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Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q380653
Schedule A
Cust. Ref,:
Property Address:
202 E. MAIN STREET ASPEN, CO SI6II
1. Effective Date:
September 27, 1999 at 5:00 P.M.
2, Policy to he Issued, and Proposed Insured:
"ALTA" Owner's Policy 10-17-92
$900,000.00
Proposed Insured:
JACK HILL VICKERY
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3. The estate or iuterest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
CLAUDETTE CARTER
5. The land referred to in this Commitment is described as follows:
CONDOMINIUM UNIT A, MAIN STREET VICTORIANS CONDOMINIUM, A CONDOMINIUM,
ACCORDING TO THE CONDOMINIUM PLAT THEREOF RECORDED OCTOBER , 1999 AS
RECEPTION NO. , AND THE CONDOMINIUM DECLARATION RECORDED ON OCTOBER,
1999 AS RRECEPTION NO.
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ALTA COMMITMENT
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Schedule B,I
(Requirements)
Our Order No. Q380653
The following are the reqnirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit:
UPON RECEIPT OF A PROPERLY SIGN!':D A.N'DNQTARJ:z;EI?LlEN'A~~[I?,,\VIT, AND AN
APPROVED SURVEY, ITEMS 1-4 OF THE PRINTED EXCEPTIONS WILLBE DELETED FROM
THE OWNERS POLICY. LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC NATIONAL
TITLE INSURANCE COMPANY RESERVES THE RIGHT TO .ADD AND/OR D,ELJ;<;TE
REQUIREMENTS AND/OR EXCEPTIONS AFTER REVIEW OF THE SURVEY AND LIEN
AFFIDAVIT.
1. INDEMNITY AGREEMENT INDEMNIFYING OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY AGAINST LOSS OR DAMAGE, FROM CLAUDETTE CARTER, TO ALLOW OLD
REPUBLIC NATIONAL TITLE INSURANCE COMPAN'Y TQ PRQVIDE COVERAGE\yITH REGARD
TO ITEM NO. 12, SCHEDULE B-2. OR, EVIDENCE SATISFACTORY TO OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY THAT THE CONDITIONS REFERRED TO IN SAID
EXCEPTION HAVE BEEN TERMINATED. NOTE: UPON COMPLETION OF THE ABOVE
REQUIREMENT EXCEPTION NO 12 OF SCHEDULE B-2 WILL BE DELETED FROM TilE
FINAL POLICIES TO BE ISSUED.
2. PARTIAL RELEASE OF DEED OF TRUST DATED JULY 31,1991, FROM CLAUDETTE CARTER
TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF THE MONEY STORE
INVESTMENT CORPORATION TO SECURE THE SUM oF$(m,bbb.oo RECORllED JULY 31,
1991, IN BOOK 652 AT PAGE 868 AS RECEPTION NO. 335062.
SAID DEED OF TRUST WAS ASSIGNED TO MARINE MIDLAND BANK, N .A. IN ASSIGNMENT
RECORDED APRIL 09,1993, IN BOOK 705 AT PAGE 302.
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF REAL ESTATE LEASE
AND AGREEMENT RECORDED SEPTEMBER 16, 1991, UNDER RECEPTION NO. 336489.
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASE AND RENTS
RECORDED JANUARY 20, 1994, UNDER RECEPTION NO. 365983.
3. PARTIAL RELEASE OF DEED OF TRUST DATED DECEMBER 05,1998, FROM CLAUDETTE
CARTER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE
BANK-ASPEN BRANCH TO SECURE THE SUM OF $50,000.00 RECORDED JANUARY 21,
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ALTA COMMITMENT
Schedule B-1
(Requiremeuts)
Our Order No. Q380653
Continued:
1997, AS RECEPTION NO. 401036.
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS
RECORDED JANUARY 21, 1997, UNDER RECEPTION NO. 401037.
4. PARTIAL RELEASE OF DEED OF TRUST DATED AUGUST25, 1999, FROM CLAUDETTE
CARTER TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK
TO SECURE THE SUM OF $75,000.00 RECbRDErJAU<JUST31, 1999, UNDER RECEPTION
NO. 435090.
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED
AUGUST 31,1999, UNDER RECEPTION NO. 435091.
NOTE: THIS PROPERTY MAYBE SUBJECT TO THE REAL EST A TE TRANSFER TAX BY
VIRTUE OF ITS INCLUSION IN THE CITY OF ASPEN. PURCHASER SHOULD CONTACT THE
CITY OF ASPEN REGARDING SAID ASSESSMENT.
5. RECORDATION OF THE CONDOMINIUM MAP FOR MAIN STREET VICTORIANS, A
CONDOMINIUM.'
6. RECORDATION OF THE CONDOMINIUM DECLARATION FOR MAIN STREET VICTORIANS, A
CONDOMINIUM.
7. WARRANTY DEED FROM CLAUDETTE CARTER TO JACK HILL VICKERY CONVEYING SUBJECT
PROPERTY.
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ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q380653
The policy or policies to be issued will contain exceptions to the following nnless tbe same are disposed
of to the satisfaction of the Company:
I. Rights of 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, cont1icts in boundary lines, shortage in area, encroachments, and 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 theretofore 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 and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7 . Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY,
FIRE PROTECTION, SOIL CONSERVATION OR OTHERDISTRICT OR INCLUSION IN ANY
WATER SERVICE OR STREET IMPROYEMENT AREA.
10. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED RECORDED DECEMBER 15,
1887 IN BOOK 59 AT PAGE 174 AS RECEPTION NO.21(j51, PROVIDING AS
FOLLOWS: "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD,
SILVER, CINNABAR OR COPPER, OT TO ANY VALID MINING CLAIM OR POSSESSION
HELD UNDER EXISTING LAWS.
II. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE NO.
62, SERIES 1976, DESIGNATING SUBJECT PROPERTY AS HISTORIC STRUCTURES AND
SITE PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE
RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 57 AS RECEPTION NO. 189908.
12. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF MEMORANDUM OF
LEASE BETWEEN CLAUDETTE CARTER (LANDLORD) AND GRACY'S OF ASPEN, INC., A
COLORADO CORPORATION RECORDED JULY 31,1991 IN BOOK 652 AT PAGE 873 AS
RECEPTION NO. 335063 AND ASSIGNMENT OF REAL ESTATE LEASE AND AGREEMENT
RECORDED SEPTEMBER 4, 1991 IN BOOK 655 AT PAGE 947 AS RECEPTlbN .Nb.
336209. NOTE: UPON COMPLETION OF REQUIREMENT NO.1 THIS EXCEPTION WILL BE
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ALTA COMMITMENT
Schedule B" 2
(Exceptions)
Our Order No. Q380653
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:
DELETED FROM THE FINAL POLICIES TO BE ISSUED.
13. ENCROACHMENTS AND ALL MATTERS AS. DISCLOSED ON A SURVEY BY ASPEN SURVEY
ENGINEERS, INC., DATED JULY 22,1991 ASJOB NO. 21197:
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LAND TITLE GUARANTEE COMPANY
DfflCLOSURESTATEMENT
Required by C,R.S. 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 from the County
Treasurer's authorized agent.
C) The 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.
Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at lease one half of an inch. The clerk and recorder may refuse to record or file any document that does not
conform, except that, the requirement for the top margin shall not apply to documents using forms on which
space is provided for recording or filing information at the top margin of the document.
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EXHIBIT D
CLAUDETTE CARTER
0373 EAST SOPRlS CREEK ROAD
BASALT, CO 81621
Tel: 970-927-3087
October 4, 1999
Mr. Chris Bendon
COIumunity Development Department
1 ~o South Ga:ena, 3'" Floor
Aspen, CO 81611
Dear lYIr. B$ndon,
This letter confmns that Michael Feigenbaum represents the undersigned in oonnection with the
application for the proposed condominiumization of202 and 208 ElllIt Main Street, Aspen,
Colorado (the former Gracy's buildings).
Applicant's name, address and teJephODe amuber:
FI..so s~e ~bovc.
Michael's address and telephone namber:
Miclleel Feigenbaum
Oates, KnezeVich at Gardenswartt, P .C,
533 'F:..,t Hoplcini, 3'" I1laoI
Aspen, CO Sill\!
Till: 970.920-1700: Fax: 970-920.1121
The property's add.ress and legal desc:riptlon:
202 and 208 East Main Street
Aspen, C081611
Lots L&~f, Blea 73, City IDe Townsiie of Aspen
f'it:dn County. CO
n"mk you for YO\lr prompt attention to this application. and plcase contact Michael if you have
any questions.
Sillcc..~ell
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Cl"udette Carter
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EXHIBIT E
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CITY OF ASPEN
PRE.APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE;
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Chris Bendon, 920.5072
202 & 208 E. Main St.
Michael Fcigenbaum
Claudctte Carter
Subdivision exemption forCondominiumization
Condo'ing of old gracy's buildings on Main St..
DATE: 8.19.99
Land Use Code Section(s)
26.480.090 Condominiumization
26.304 Development Review Procedures
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fces:
Total Deposit:
Staff for complete application, referral agencies for technical considerations, Community
Development Director for final approval.
No. .
Engineering,
Planning Flat Fee $255
Engineering $160
$415
Review by;
To apply, submit the following information:
I. 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 ofthc property.
4. Summary Jeller explaining thc request (existing conditions and proposed uses) and addressing the standards of the
Land Use Code sections Iistcd 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. (from City Engineering or County Recorder) .
7. Proposcd plat frol11 a registered land survcyor. Call City Engineer for plat requirements, 920,5080
8. Copies of prior approvals (from City Clcrk)
9. 2 Copies of thc complete application packet (items 2-8)
Process,
Apply. Planner revicws case for completeness and sends to Engineering and refcrral agencies. 2-3 weeks later planner
will contact applicant with the suggestions from Engineering for preparation of tile 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 be signcd by City Enginecr. Applicant then can record
the final plat at the County Clerk and Recorder (fee).