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Home My WebLink Aboutcoa.lu.co.820 Bonita Dr.A071-97 ;"""" CASE NUMBER PARCELID# CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ~ A071-97 2735-122-09008 Adam Rothberg, Joseph Dunn Subdivision exemption for C 820 Bonita Drive Chris Bendon Subdivision exemption for Condominiumizatio Adam Rothberg, Joseph Dunn Owner Withdrawn .~ "-', M Azh:-..-, ?1/114I~( ~ qx:r 'r"\ 0, ~ ~~ Ct.Jo ~~ ~~M ii~~J.- ~ 0." ~br ~ ~, 9F1i fl".;.11 i~ " ~~ uh~iti~ ' . ~i\'W1pe ~t'\ &-- ~ ~r~ ~aVl ~~ U~ '!~ ~ 'rJkJJ. (}A., 'f() ,ptiiY ro Cf). .,~ ~ U~? ' " #AM ~~ tNI{ ~ ~ ~ ! 4bJ\J~~ ~ . 11(.eJ ~.V\~ O\W" f;,{JU() <:t~. .~ t~~ ~ V\bb ~~ \ '" ., 1 .r MEMORANDUM To: Chris Bendon, Planner Thru: Nick Adeh, City Engine~tI! From: Chuck Roth, Project Engineer e 1=- Date: October 3, 1997 Re: Rothberg Condominiumization (King's Court Condominiums) The Development Review Committee has reviewed the above referenced application at their September 17, 1997 meeting, and we have the following comments: I. Easements - The final plat must reference a recent title commitment or updated Schedule B (within the past 12 months) for current easement information. 2. Irrieation Ditch - The final plat must indicate a ten foot wide easement for the irrigation ditch. The draft plat shows a pond fed by the ditch. Prior to issuance of a building pennit, the applicant must contact the City Water Superintendent to detennine any necessary procedural steps to legitimize the pond, or the pond will have to be removed. 3. Sidewalk. Curb and Gutter - The site is located in the Cemetery Lane area where there are currently no sidewalk, curb and gutter in place. City Code requires the installation of sidewalk, curb and gutter prior to issuance of a certificate of occupancy for new construction. In this case, the owners will be required to furnish agreements to construct the facilities in the future if the City detennines to do so. For the condominium plat, there must be indicated a 5' wide pedestrian usable space five feet from the property line with a buffer space and snow storage area between the pedestrian space and the edge of the pavement. 4. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building pennit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. Note that separate utility service connections will be required for each half of the condominiumized duplex unless shared service agreements are provided. 1 , 1 - ...' 5. Chief Buildine Official - He called to our attention that another condominiumized project experienced difficulties meeting fire resistive requirements. This issue must be resolved prior to approval ofthis application. 6. Fire Marshal - He stated that if the area of the combined building exceeds 5,000 square feet, sprinkling will be required. 7. Accessorv DweIline Unit - It was reported that the property has received an ADU approval. The condominium plat must reflect those approvals, including the ADU parking space on private property. 8. Plat Recordation - The plat should be recorded prior to issuance of a building pennit. 9. Work in the Public Rieht-of-wav - 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 pennits for any work or development, including landscaping, within public rights-of-way from the city community development department. M97.135 2 ... ,-., ,~ ... ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (please Print Clearly) I CITY OF ASPEN (hereinafter CITY) and !1IalJ1 Z-lib7 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for :5uMt VIS/oN eYeJ<1..lJlro,v -ht Co Nth MIA/' (JIJ/l.{ z.a.IUll(fof- dVj)&. Y (hereinafter, THE PROJECT). . 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a 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 to allow APPLICANT to make payment of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis. 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, 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 detennination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 35 j- which is for hours of Planning 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. 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. CITY OF ASPEN ~ Community Development Director City of Aspen APPLICANT 501-- II, 17fT Adam ZofAMt"q -.J B oj( "1232 A-o ;::>eN', CO fS f h / 7 _ , Signature: Dat. Printed Name: Mailing Address: /'""\ ,,-, Adam Rothberg P.o. Box 9232 Aspen, CO 81612 Home Phone (970) 925-1817 September 11, 1997 Review Board Attn. Chris Bendon Dear Review Board, For the property located at 820 Bonita Dr. or Lot 19, West Aspen Subdivision, Filing # I, Adam Rothberg and Joseph Dunn are requesting approval of this proposed condomiriiumization plat in order to qualifY for the financing of the project. The purpose of the condominiumization before the build out is only one of financing. Neither Joe nor I show enough income to finance the project, however, if we are able to get a title for each side of the duplex, we will increase the value of the property and thus become much more eligible for financing because our loan to value ratio will decrease, After discussing this matter with Chris Bendon, we have agreed that we will build the structure to match the plans and plat exactly as shown. It will be our responsibility to amend the plat if there is any deviation from the proposed plat after obtaining certificates of occupancy, If you require any further infonnation than what I have provided, please feel free to contact me at any time. We thank you for your time and consideration. ~~ Adam Rothberg p,o. Box 9232 Aspen, CO 81612 925-1817 Joseph Dunn ,0. Box 9075 Aspen, CO 81612 927-9585 \ ---- ,..... C"-(". :r- -,- ~- .-.i - 1"""\ ,-' GENERAL WARRANTY D~.;;D MARGARET C. BIPPUS, whose address is .:(,:j~ ~6?.r ~.e;- h~ -:>-9....1>") ~-=~ ~~i,# 3~"fof for the consideration of Ten Dollars ($10.00) and other good an valuable consideration, in hand paid, hereby sells and conveys to JOSEPH P. DUNN & ADAM B. ROTHBERG AS TENANTS IN COMMON ,whose address is P.O. BOX 9075, ASPEN, CO 81612 the following real property in the County of Pitkin, State of Colorado: LOT 19, WEST ASPEN SUBDIVISION, FIUNG NO. 1 also known by street and number as: %.;Jo 2c/l.u,.k J,e,d /kpM. Cb/v1c;.c(o .,r/6// Aspen, CO 81611 with all its appunenances, and warrants the title to the same, subject to and except for: 1. Gener.J taxes for 1996 and thereafter payable in 1997 and thereafter. 2. Building and zoning regulations. ~ ,). Right of the proprietor of a vein or lode to eccract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 33. 4. Easements, rights of way and all matters as disclosed an Plats of subject property recorded in Plat Book 3 at Page ::52. 5. Easement and right of way for utilities as set forth in instrument recorded January 21, 1968 in Book 235 at Page 118. ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COU)'o,'TY, COLORADO. Signed this:ti day of July, 1996. ~.~./~, MARG T C. BIPPUS [Notary Block to Follow} 1 r<\ ^ STATE OF COUNTY OF ) )SS. ) The foregoing instrum~t was acknowledged before me this e?L day of July, 1996, by Margaret C. Bippus. A ANN C. BR.UMBACK Witness my ~and an~ official seal. ~~~:,'t:e' ' My commiSSion exprres: ", No. CC39010a . .,,- C:uz ~ ~~:L::L- Notary Public .;,',. . jd..\bippua.pd 2 IDoS?092?4?S5 PAGE AUG-0S-9? 10035 FROMoHOLLANDHART /"""'; ~ '" t2 ... '" "" '" -< ~ 'S ~ ~~f'-,o ei~e a::"-'.. ~ !i)::~ .,,,, Z~ -'" <[ 0 ~8~ i .:$ ~ Z'" WWN oD.'" 0.0)0" IQc:(Jo-, ~ e. .....:I w ~ is :!: ... 2/4 ~ MEMORANDUM August 5, 1997 TO: Ch:ris Benden, AspenlPitkin County Community Development Department (Via Fax to 920-5439) FROM: Arthur C. Daily, Esq. RE; Rothberg Condominium Application I'm enclosing for your information the first two pages of an article of several years ago on the Colorado Common Interest Ownership Act. Please note the discussion on Page 2 :regarding the legality of land condominiums under CIOA. cc: Adam Rothberg (w/copy) AUC-06-97 10,35 FROM,HOLLANDHART ~. ID'9709274765 PAGE 3/4 ~ , COLORADO COMMON Th."TEREST OWNERSHIP ACT - CREATION, ALTERATION A...""ID TER.1WNATION OF THE COM:M:ON lNl'EREST COMMUNBITY Mark Eo Welch. Esq. 9200 Cherry Creek South Drive No_ 41 Denver, Colol'ado 80231 (303) 74&-S507 lNrRoDUCTION This presentation Will utilize the same shorthand utilized in Rich Lin- quanti's fu>.e presentation. Here as there, · The Colorado Coxnmon Io.terestOWD.ersmp Act is known as "CIOA." I .f" · The Unifurm Common Interest Ownership Act is ca11ed 'UCIOA." . A Common Interest Community is referred to as a "CIC." Rich.Linquanti.'s presentation focuses on Parts 1 and 3 of CIOA; this pre- sentation deals primarily with Part 2: Creation, .AIte:ra.tion and Tennination of Common Interest Communities. In the discussion of Part 2, an attempt will be made to point out the differences between life under the law as we know it and life under CIO,A. L NOTEWORl'RY DEFINITIONS a. In General [Section 103J - As with any comprehensive enact:Inent, an =derstandiug of ClOA begins with an understanding of its definitions. Defini- j ~Mark E. Welch, 1991 AUG-06-97 ]0,35 FROM,HOLLANDHART ,,-, ID,9709274765 PAGE 4/4 ,-..., tions are the passwords for entry into the labyrinth of ClOA. From Rich Un- quanti's presentation, you should already be familiar with the meaning of some of the definitional building blocks of OlOA like Common Interest Community (or CIC}, Condominium, Cooperative and Planned Community. This presentation will point out some noteworthy aspects of SOme ofilie definitions a:s well as defini- tions that are :missing from CIOA. . b. Condominium [Section 103(9)J - CIOA ends a controversy among lawyers as to whether a parking space may be a condominium u:ait. C.RS. 38-33- 103 required that a condominium unit be ". . . an enclosed roow or roolXlS. . .." The CIOA definition of Condominium does not depend upon tb.e physical co:;;nponent of the real estate but instead depends upon the characteristics of ownership requir- Wg portions of the real estate to be designated for separate ownership and the re- mainder for co:orrnon ownership by the owners of the separate portions. If you want that parking space (or RV space or marina dock or whatever) to 'be a condo- minitlIIl, mOA lets you do it now. Focusing on the characteristics of ownership means that you will end np with an "accidental condominium" from time to time, howe'l'"er. For ex- ample, if you created a townhouse project where the lots an! owned separately and the common elements are owned by the lot owners and not the association, you've created a condominium under CIOA.. If, however, yon conveyed the common el- ements to the association, you've cxeated a planned comm:cwity. While it doesn't seem. to matter mnch on the surface which type of ownership re,.<>ime you create, ClOA. has different rules for different types of regimes. For example, the provi- sions of CrOA excluding from the coverage of CIOA small crcs [Sections 116 and 119], limited expense CICs [Section 1161 and nonresidential CICs [Section 121J -2-