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HomeMy WebLinkAboutLand Use Case.257 Park Ave.0032.2005.ASLU " " .... ~ .<,.E City of Aspen Community Development Dept. CASE NUMBER 0032.2005.ASLU PARCEL ID NUMBER 9999-99-9-99-999 PROJECT ADDRESS 0 ZERO PLANNER JAMES LINDT CASE DESCRIPTION SUBDNISJON EXEMPTION REPRESENTATIVE MICHAEL FEIGENBAUM DATE OF FINAL ACTION 4/29/2005 CLOSED BY Denise Driscoll . . . .~ ,'I.S~VI. I :\ 1,1 001.;;> . (\ (.04. LA. Pv'\.1- C) \ (X'Vl' . ;- ",....,. --- _ _ -- -------------.---.--..---.-- ----_.'_~ I EiIe ~ &ecord 1iIO\Iig<te FQl'm Repor!.' For[not rab tjolp ----~ ...-,----_.,.--'---- --------.------- j ~ i) i!l ~ .jl E:Hj~ ej. ~j. ,-J iii <JH';] <> .~ j II) 'j. "tl rtl C1tar !!Il- - _m Routing tlitlory I !;Ofldlioll$ I S<b Eormib I !lalJation Main I RoyIing Statuo I ArchlEng I Parcels I Cutlom F:roIds PermilTjIpa Address 10 ZERO Oy IASPEN -Palmi IrlomraIion MaslolPalrrit I Projocll D~ISUBDMSIDN EXEMPTlDN Slbmited IMICHAEL FEIGENBAUM r VidJle "" tho web? J I!IJ<Ue ~ . ~i>1>I1lli~&.~1 :.1 ~c Comment I Attar:jynonl. I I F..S.......~ I Acli<>no 1 IiII I ~ ~ Routing Queue l..w statuolpendino AppIod 104112/2005 Ell Apploved I Ell Issued I Ell Fi1aIl Ell E..,... 10410712006 Ell ~ Clock IRuming Day< ro P."rilID: I 33763 0.....-- Lad Nam.IPARKIDALE RESIDENCES i;J Fist Name IA CO COMMON INT COMM Phon. I (970) 925-5196 257 PARK & 1180 DALE AVE ASPEN CO 81611 IEOOlr tho penn! type code _II iIIl 11I1 Record: 3 of 3 r.:i n__l. b.,..,w...-t' .P~<""-".,,_..'.'''''''''''...;..'~..'''''';..-,..'.."-';;;;":;",';'-",,,. .' .-.,."~..;...',;;;; .' . "'".'<>..'. ,:.lllh.i.i.:..2.","'<":'~'" "'-"-""'L' "<,;,,,',-. "'..~,;L~i""..........,.~ r~) C{~ RS!,CCflC(~& BcyoK ?2 ~U?37J6 R tC .ef< -dfSCJ CfSI h Lot 3, ParklDale Subdivision Condominium Map- Community Development Department's Comments Please make the following modifications to the proposed plat: 1. Clearly indicate LCE and GCE. ./ 2. Amend the title to read "Plat ofParklDale Residences, Lot 3 ofthe .J ParklDale Subdivision, a common interest community, City of Aspen, Pitkin County, Colorado. Include a purpose statement below the plat title that indicates that the . I purpose of the plat is to condominiumize the property pursuant to the V procedures established in City Land Use Code Section 26.480.090. Change Com Dev Engineer's signature block to City Engineer's V signature block. Include encroachment license reception number for the concrete wall constructed in right-of-way. ~/ Show easement recording information for the drywell that encroaches V- onto Lot 2. Identify true point of beginning that is tied to a government survey monument. Include the width of the abutting right-of-ways on the plat. J Include a plat note indicating the HOA's common access easement V that was negotiated between the City Engineer and the developer in order to clean and dredge the site's drainage facilities if needed. 10. Obtain all signatures with the exception of the City Community Development Director, City Engineer, and Pitkin County Clerk and Recorder prior to submitting two (2) mylar copies to the Community Development Department. A recording fee of $11 is due upon submittal of the mylars. If recording the declaration in conjunction with the plat, please also include a check for $6 for the first page and $5 for each additional page to be recorded. To: From: Date: Re: 3. 4. 5. 6. 7. 8. 9. ,..--~ , -"..- MEMORANDUM Michael Feigenbaum James Lindt, Planner April 13, 2005 c ~ Bill Boehringer, Managing Partner DalelPark Avenue, LLC 330 Park Avenue, Aspen, CO 81611 March 31, 2005 Mr. James Lindt City of Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 Re: Lot 3 ParklDale Subdivision Condominiumization Dear Mr. Lindt: Concerning the application for above referenced matter, the undersigned hereby authorizes Michael Feigenbaum and the law firm of Brandt+Feigenbaum, P.C., 132 Midland Avenue, Suite 4, Basalt, CO 81621 (Phone: 970.925.5196), to represent us and act on our behalf in this matter. -- Cc: Michael Feigenbaum, BRANDT+ FEIGENBAUM, PC Shane Harvey, HOLLAND & HART : r ......, '1 - BRANDT. FEIGENBAUM, P.c. ATTORNEYS AT LAW LUCAS PECK, ASSOCIATE PETER P. DElANY, PARALEGAL MIDLAND MALL 132 MIDlAND AVENUE, SUITE 4 BASALT, COLORADO 81621 TELEPHONE: 970.925.5196 FAX: 970.925.4559 www.brandt-Iaw.com ASPEN CONFERENCE ROOM: US BANK BUILDING 420 EAST MAIN, 2ND FLOOR ASPEN, COLORADO 81611 CHARLES T. BRANDT (1939-2001) GARRET S. BRANDT MICHAEL FEIGENBAUM MICHAEL FEIGENBAUM mfeioenbaum(a)brandt-Iaw.com AprillI,2005 By Hand Delivery James Lindt City of Aspen Community Development Department 130 South Galena St. Aspen, CO 8 I 61I Re: Lot 3, ParkIDale Subdivision: Application for Condominiumization of ParkIDale Residences, a Colorado Common Interest Community Dear James: This application for subdivision approval is submitted on behalf of DalelPark Avenue, LLC, pursuant to Code Sections 26.480.090 and 26.304.030. With respect to this application, please note the following: . The applicant is DalelPark Avenue, LLC, a Colorado limited liability company. For purposes of this application, the applicant's duly authorized agent is Michael Feigenbaum, Brandt Feigenbaum, PC, 132 Midland Avenue, Suite 4, Basalt, CO 8162 I; telephone: (970) 925-5196. . The property submitted for approval is located at Park Avenue and Dale Avenue, Aspen, Colorado; more particularly described as ParklDale Lot 3, ParklDale Subdivision, according to the Plat thereof recorded in Plat Book 66 at Pages 5 and 6 as Reception #486838 (Parcel No. 273718133055). In addition, please find enclosed a check in the amount of $546, payable to the City of Aspen Community Development Department, together with two copies of the following items: 1. Pre-Application Conference Summary dated March 3 1,2005. 2. Proof of ownership - Title Insurance Commitment No. 42269 issued by Stewart Title of Aspen, Inc. 3. Land use agreement. 4. Fee Agreement signed by the applicant. 5. Consent letter signed by the applicant. I"'" "-' ~ - 6. Draft condominium plat (24" x 36"), dated April 7, 2005, prepared by Jonathan M. Kobylarz, P.L.S. as Job No. 3012-025. If there is anything further that you require to complete this application, please let me know as soon as possible. Sincerely, NtJJ ~1)h~^1h Michael Feigenbaum of BRANDT + FEIGENBAUM, P.c. Enc1s. cc: Bill Boehringer Paul Nicoletti Shane Harvey, HOLLAND & HART 2 C CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY - - PLANNER: PROJECT: REPRESENTATNE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 429-2763 DATE: 3/31/05 Lot 3 Park/Dale Subdivision Condominiumization Michael Feigenbaum o Step. Condominiumization The Applicant would like to condominiumize the duplex that is nearing completion on Lot 3 of the Park-Dale Subdivision. Land Use Code Section(s) 26.480.090 Condominiumization Review by: Public Hearing: Referral Agencies: Planning Fees: Total Deposit: Community Development Staff for appropriate plat contents and signatures on Plat. No. Engineering. $546 Flat Fee $546 To apply, submit the following information: I. Fee. 2. Proof of ownership or a letter of consent from the owner allowing for a condominiumization application to be sought. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6_ 24" x 36" draft condominium plat prepared by a professional surveyor licensed in the State of Colorado.. 7. 2 Copies of entire application package (items 2-6 above). Review Process: Apply. Then the Community Development Staff and Engineer will review the proposed plat and return required corrections. Applicant's surveyor then will make corrections to plat and the Applicant will submit 2 mylar copies of the corrected plat to obtain signatures from the Community Development Director, Community Development Engineer, and the Pitkin County Clerk and Recorder prior to the plats recordation at the Pitkin County Clerk and Recorder's Office. Recordation fee of $11 for first page and $10 for each additional page to be recorded shall be submitted when mylar plats are submitted for signature. Disclaimer: The foregoing sununary is advisory in nahlre 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 mayor may not be accurate. The sununary does not create a legal or vested right "..... '-' -, .-' American Land Title Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY ~1~~~~!. Order Number: 42269 We agree to issue policy to you according to the terms of the Comminnent. When we show the policy amount and your name as the proposed insured in Schedule A. this Commitment becomes effective as of the Comm Itment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met widlin six months after the Commltment Date, our obligation under this Comminnent will end. Also. our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions 111 Schedule B-II. The Conditions on Page 2. TillS Commltment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF. Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. ,stewart L-.~l;lle gIJiIIOIt'ItY c:ompany ~..~~~ /. '\........!'-f~ ~.:;... ..... ....~\ t ~l <.9"0,..."- \:..4. ~ L...:~ -*- -1'Q:""f \';.~. 1908 itit ' , . "'.... .lIo. ":; ~ .i:'......~ ~,.. ~~#Cpd~l1~ '-- Countersigned: Authorize Stewart Title 01 Aspen. Inc. 620 East Hopkms: AYcnuc Aspen. CO 8161! Order Number: 42269 Pa!!e J of2 Commltment- 235 WID Disclo::;ure r- """ - --' CONDITIONS 1. DEFINITIONS (aJ "Mortgage" means mortgage. deed of trust or other secunty instrument. (b) "Public Records" means title records that five constructive nollce of matters affecting your title - according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B. we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of thIs information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation IS to issue to you the policy referred to in this Commitment when you have met ItS ReqUIrements. If we have any liability to you for any loss you incur because of an error in this Commitment. our liability will be limIted to your actual loss caused by your relying on tillS Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B - SectIOn l. or Elimll1ate With our wrlnen consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON TillS COMMITMENT Any claim whether or not based on negligence.. which you may have against us concerning the title to the land must be based on this Commitment 1/ Order Number: 42269 Pll~e 2 of2 Commitment - 235 W/O Disclosure 1/ r- .........l _.....- COMMITMENT FOR TITLE INSURANCE SCHEDULE A - Effective Date: March 23, 2005 at 7:30 a.m. 2. Policy or Policies To Be Issued: Order Number: 42269 ( X ) AL TA (1992) Owner's Policy Amount: TOBE DETERMINED ( ) Standard (X) Exteoded Premium: Proposed Insured: To Be Determined ) AL T A 1992 Loan Policy ) Standard ( ) Extended Amount: Premium: 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 estate or interest in said land is at the effective date hereof vested in: Dale/Park Avenue. LLC, a Colorado limited liability company 5. The land referred to in tius Commitment is described as follows. Lot 3. PARK-DALE SUBDIVISION, according to the Plat thereof recorded August 13. 2003 in Plat Book 66 at Page 5 as Reception No 486838. COUNTY OF PITKIN. STATE OF COLORADO Statement of Charges Policy premiums shown above. and any charges shown below are due and payable before a policy can be issued. Examiner Name: Tom T"~tchell Reissue Rate Tax Certificate Form 110.1 (Owners) $ 20.00 $ 150.00 r-' ,....-'"' .......,~,.. SCHEDULE B - Section 1 REQUIREMENTS Order Number: 42269 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 he executed and duly filed for record, to wit: I. Release of Deed of Trust Dated July 15, 2003,Executed by: Coast Pacific Asset Management, Inc., to the Public Trustee of Pitkin County. to secure an indebtedness in the amount of$1 ,000,000.00, in favor of Jonathan H. Monkarsh. Recorded July 16.2003 as Reception No.485470. Subordination of Deed of Trust recorded March 22, 2004 as ReceptIOn No. 495680. Loan Assumption Agreement recorded October 21,2003 as Reception No. 490088 2. Release of Deed of Trust dated March 12,2004, executed by DalelPark Avenue, LLC, a Colorado limited liability company, to the Public Trustee of Pitkin County, to secure an indebtedness of $4,900,000.00, in favor of WestS tar Banle, recorded March 22, 2004 as Reception No. 495681. 3. Duly executed Indemnity Agreement by Dale/Park Avenue, LLC, a Colorado limited liability company indemnifYing Stewart Title of Aspen, Inc. against any and all loss or damage due to rights and claims of parties established by virtue of construction of improvements located on the subject property. (Forn] available from Stewart Title). 4. Duly executed affidavit by the chief executive officer or general partner of J.D. Black Construction, Inc. stating that: I. They are the general contractor for all improvements constructed on the subject property. 2. All construction has been completed. 3. They have been paid in full. 4. All subcontractors andlor any parties which provided lienable services or materials for said construction project have been paid. ,.-... \.,...... ~, 5. A complete list of names, addresses and phone numbers of all subcontractors/suppliers are attached to the Affidavit. 5. A. Certificate of non-foreign status, duly executed by the seIler(s), pursuant to Section 1445 of the Internal Revenue Code AND B. Satisfactory evidence of the seIler(s) Colorado residency (or incorporation) pursuant to Colorado House Bi1l92-I270. NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270 may require withholding of tax from sales proceeds if the seIler(si is not a Colorado resident. Detailed information and Forms are available from Stewart Title. 6. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen. Inc. 7, Deed from vested owner. vesting fee simple title in purchaser(s). 8. Evidence satisfactory to Stewmt Title Guaranty Company, furnished by the Office of the Director of Finance. City of Aspen, that the following taxes have been paid. or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). -- /"'" "--- SCHEDULE B - Section 2 EXCEPTIONS Order Number: 42269 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to tbe satisfaction of the Company: I. Rights or claims of parties m 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, encroaclmlents, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Arty lien, or nght to a lien, for services, labor or matenal heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mming claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Any and all unpaid taxes and assessments and any unredeemed tax sales. 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. 7. Right of way for ditches or canals constmcted by the authority of the United States, as reserved in United States Patent recorded June 17. 1949 m Book 175 at Page 246. 8. Arty vem or lode of quartz, or other rock in place bearing gold. silver, cmnabar. lead, tin. copper or other valuable deposits claimed or known to exist on March 23, 1885, as reserved by Patent recorded June 17, 1949 in Book 175 at Page 246. 9. Terms. conditions. provisions and obligations as set forth 111 Ordinance No. 20 (Series of 2003) of the Aspen City Council. approving the subdivision of Lots 4A and SA of the lndependence No.2 Subdivision recorded May 14. 2003 as Reception No. 482692. 10. Telms, conditions. provisions and obligatIOns as set forth in Right of Way Improvements Agreement recorded July 21. 2003 as Reception No. 485661 and re-recorded September 25, 2003 as Reception No. 48890!. 1!. Terms, conditions, provisions and obligations as set forth in Subdivision Improvements Agreement for the Park-Dale Subdivision recorded August 13. 2003 as Reception No. 486837. "...... '-' -- 12. Easements, rights of way and other matters as shown on the Plat of Park-Dale SubdivIsion recorded August 13, 2003 in Plat Book 66 at Page 5 as Reception No 486838. Note: Ten foot aerial utility easement shown on above Plat was vacated through AbandOlID1ent of Easements recorded December 5, 2003 as Reception No. 492090, 492092 and 492094. 13. Tern1s, conditIons, provisions and obligations as set forth in Ordinance No. 011-2004 of the Board of County Commissioners of Pitkin County, Colorado recorded June 25, 2004 as Reception No. 499038. 14. Terms, conditions, provisions, obligations and easements as set forth in Drainage Improvements Easement and Cost Sharmg Declaration recorded February 7, 2005 as Reception No. 506795. NOTE: Colorado DIvision of Insurance Regulations 3-5-1. Paragraph C of Article VII reqUIres that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts tl1e clDsing and is responsible for recording or filing of legal documents resultmg frDm the transaction whIch was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording tlle legal documents frDm the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when Issued. NOTE: Policies issued hereunder will be subject tD the terms, conditlOns, and exclusions set forth in the ALTA 19<f2 Policy fDnn. Caples Df the 1992 forn1 PDlicy Jacket, setting forth smd terms, conditlOns and exclusions, will be made available upon request. t" '--... - DISCLOSURES Pursuant to C.R.S. 10-11- I 22, notice is hereby given that: A. The subject real property may be located in a Special Taxing District; B. A Certificate ofT",,,es due listing each t",,,ingjurisdiction shall be obtained form the County Treasurer or 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: Colorado Division of Insurance Regulations 3-5-1. Paragraph C of Article VII reqUIres that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and IS responsible for recording the legal documents from the transaction, exceptIOn number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletIOn of Exception No_ 4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or matenalmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifYing the Company against unfiled mechanic's and materialmen 1 s liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, wIthin six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and. any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File Number: 4:!269 $Lcwan Tille (lr I\SpCll, Inc. Disclosures Page i ofj I"'" -- "--.,./ PRIVACY POLICY NOTICE PURPOSE OF TIDS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institutIOn, directly or througlJ its affiliates, from sharing nonpublic personal mformation about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Aspen, Inc. and Stewart Title Guaran!)' Company We may collect nonpublic personal information about you from the following sources; . Information we receIve from you, such as on applications or other forms. . Information about your transactions we secure from our files, or from our affiliates or others. . InformatIon we receive from a consumer reporting agency. . InformatIon that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information dlat we collect about our customers or former customers to our affiliates or to nonaffiliated third part.es as permitted by law. We also may disclose this information about our customers or former customers to the follOWing types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: . FinanCial service providers such as companies engaged in banking, consumer finance, securities and msurance. . Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLlC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal informatIOn about you to those employees who need to know that information in order to provide products or services to you. We maintam physical, electromc, and procedural safeguards that comply with federal regulations to guard your nonpublic personal mformation. File Number: 42269 Stewart Title of l\spcn, lIle. Pnvacy Policy Notlce Page I ofl I'"'- ,-^'"" ..-... ATTACHMENT 2-LAND USE APPLICATION ApPLICAl\T: Name; Dale/Park Avenue, LLC Location: Lot 3, Park/Dale Subdivision. Aspen. CO (See enclosed title commitment) (Indicate street address, lot & block number, legal description where appropriate) ParcelID # (REQUIRED) L /J 1181330bb REPRESEI\TAffi'E: Name: Address; Phone #; Mirhripl !=,p-igpnhrillm Brandt Feigenbaum, PC, 132 Midland Ave, #4, Basalt, CO 81621 970-925-5196 PROJECT: Name; Address: Phone #: TYPE OF ApPLICATION: (please check all that apply); P~rk/n~lp Rp~irlpnrp, rl rnlor.::tnn rnmmnn . 257 Park Ave & 1180 Dale Ave, Aspen, CO 970-925-5196 Tntprp<:t rf'ltnml'nity 81611 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream [K] Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use 0 Other; 0 Lot Line Adjustment 0 Text/Map Amendment EXISTINGCONllITJONS: (description of existing buildings, uses, previous approvals, etc.) Plat of Park/Dale Subdivision recorded 8/13/03 in Plat Book 66 at Pag~ 5 as Reception No. 486838; Subdivision Imnrovements Aut; See title commitment for more i fo. PROPOSAL: (description of proposed buildings, uses, modifications. etc.) Condominiumi2ation of Lot 3, Park/Dale Subdivision, into two separate lots, pursuant City of Aspen Municipal Code and applicable Colorado statutes. Have you attached the following? FEES DUE: $ 546 [?J Pre-Application Conference Summary IJIJ Attaclunent #1, Signed Fee Agreement o Response to Attachment #3, Dimensional Requirements Form o Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all m'itten text (Microsoft Word Format) must be submitted as part ofthe application. """'" ......".T .--''"' CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aareement for Pavment of City of Asoen Develooment Aoolication Fees CITY OF ASPEN (hereinafter CITY) and DALElPARK AVENUE, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS; APPLICANT has submitted to CITY an application for (hereinafter THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No, 51 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a detennination 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 all 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 pennit 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 APPLICANTS application, 4, CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient infonnation to the Planning Commission and/or City Council to citable the Planning Commission andlor 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 detennination of application completeness. APPLICANT shall pay an initial deposit in the amount of $546_ which is for FLAT FEE 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 $220.00 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 pennits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT Chris Bendon Community Development Director By: -- Clo Shane Harvey Holland & Hart 600 E. Main Street Aspen, CO 81611 970-925-3476 Billing Address and Telephone Number. Reauired r-. -- '~~.~.... Bill Boehringer, Managing Partner DalelPark Avenue, LLC 330 Park Avenue, Aspen, CO 81611 March 31, 2005 Mr. James Lindt City of Aspen Community Development Department 130 South Galena Aspen, Colorado 81611 Re: Lot 3 ParkIDale Subdivision Condominiumization Dear Mr. Lindt: Concerning the application for above referenced matter, the undersigned hereby authorizes Michael Feigenbaum and the law firm of Brandt+Feigenbaum, P.C., 132 Midland Avenue, Suite 4, Basalt, CO 81621 (Phone: 970.925.5196), to represent us and act on our behalf in this matter. Cc: Michael Feigenbaum, BRANDT+FEIGENBAUM, PC Shane Harvey, HOLLAND & HART {' ............. """~" .. ATTACHMENT 2-LAND USE APPLICATION ApPLICANT: Name: Dale/Park Avenue, LLC Location: Lot 3, Park/Dale Subdivision, Aspen, CO (See enclosed title commitment) (Indicate street address, lot & block number, legal description where appropriate) ParcellD # (REQUIRED) L/J/1813JO~~ REPRESENTATIVE: Name: Mirh;l.ol F~i0pnhrlllm Brandt Feigenbaum, PC, 132 Midland Ave, #4, Basalt, CO 81621 970-925-5196 Address: Phone #: PRO.fECT: Name: Pnrk/[)rtlp Rp~irlpnr:P" t=I rnlnrt=irln rnmmnn Tnh:::lrj::l,t rnmmllnity Address: 257 Park Ave & 1180 Dale Ave, Aspen, CO 81611 Phone#: 970-925-5196 TYPE OF ApPLICATION: (please check all that apply): D Conditional Use D Conceptual PUD D Conceptual Historic Devt. D Special Review D Final PUD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic Designation D ESA - 8040 GreenHne, Stream IKJ Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D Temporal)' Use D Other: D Lot Line Adjustment D Text/Map Amendment EXISTlNGCONIJITJONS: (description of existing buildings, uses, previous approvals, etc.) Plat of Park/Dale Subdivision recorded 8/13/03 in Plat Book 66 at Pag~ 5 as Reception No. 486838; Subdivision Imnrovements Act; See title commitment for more i fo. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominiumization of Lot 3, Park/Dale Subdivision, into two separate lots, pursuant City of Aspen Municipal Code and applicable Colorado statutes. Have you attached the following? FEES DUE: $ 546 21 Pre-Application Conference Summary [] Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part ofthe applicatiou. REiAlN FOR PERMANENT RECORD c .:) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aareement for Pavment of City of ASDen DeveloDment ADDlication Fees CITY OF ASPEN (hereinafter CITY) and DALElPARK AVENUE. LLC (hereinafter APPLICANT) AGREE AS FOLLOWS; APPLICANT has submitted to CITY an application for (hereinafter THE PROJECT). 2. APPLICANT underslands and agrees that City of Aspen Ordinance No. 51 (Series of 2000) 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, n is not possible at this time to ascertain the full extent of all the costs involved in processing the application. APPLICANT and CITY further agree that n is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permn additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees addnional costs may accrue following their hearings andlor approvals, APPLICANT agrees he will be benefited by relaining greater cash liquidity and will make addnional 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 ns full costs to process APPLICANTS 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 andlor 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 $546_ which is for FLAT FEE hours of Community Development staff time, and if actual recorded costs exceed the innial deposit. APPLICANT shall pay addnional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposn. 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 By: Chris Bendon Community Development Director APPLICANT Cia Shane Harvey Holland & Hart 600 E. Main Street Aspen, CO 81611 970-925-3476 Billing Address and Telephone Number: Reauired . "ENT RECORD REiA.IN FOR PERMI"J' - "'"",, / CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 429-2763 DATE: 3/31/05 Lot 3 ParklDale Subdivision Condominiumization Michael Feigenbaum o Step. Condominiumization The Applicant would like to condominiumize the duplex that is nearing completion on Lot 3 of the Park-Dale Subdivision. Land Use Code Section(s) 26.480.090 Condominiumization Review by: Public Hearing: Referral Agencies: Planning Fees: Total Deposit: Community Development Staff for appropriate plat contents and signatures on Plat. No. Engineering. $546 Flat Fee $546 To apply, submit the following information: 1. Fee. 2. Proof of ownership or a letter of consent from the owner allowing for a condominiumization application to be sought. 3. Completed Land Use Application. 4. Signed fee agreement. 5. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6. 24" x 36" draft condominium plat prepared by a professional surveyor licensed in the State of Colorado.. 7. 2 Copies of entire application package (items 2-6 above). Review Process: Apply. Then the Community Development Staff and Engineer will review the proposed plat and return required corrections. Applicant's surveyor then will make corrections to plat and the Applicant will submit 2 mylar copies of the corrected plat to obtain signatures from the Community Development Director, Community Development Engineer, and the Pitkin County Clerk and Recorder prior to the plats recordation at the Pitkin County Clerk and Recorder's Office. Recordation fee of $1 I for first page and $10 for each additional page to be recorded shall be submitted when mylar plats are submitted for signature. 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 mayor may not be accurate. The sununary does not create a legal or vested right.