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HomeMy WebLinkAboutlanduse case.AP.415 Park Cir.A57-92 t""". ~ '" CASELOADSUMMARY SHEET City of Aspen DATE RECEIVED: 7 V ~92 DATE COMPLETE: -;//(._ PARCEL ID AND CASE 2737-074-13-002 STAFF MEMBER: PROJECT NAME: Jacobie Condo. Assoc. Plat Amendment Project Address: 415 Park Circle Legal Address: Lot 6. Sunnvside Park Subdivision NO. A57-92 KJ APPLICANT: Jacobie Condo. Assoc. c/o Resort Mamt. services Applicant Address: 1101 Villaae Rdr suite LL2B. Carbondale.CO REPRESENTATIVE: Chris Kina Representative Address/Phone: PO Box 3065 Aspen. CO 81611 925-6034 -------------------------------------------------------------- -------------------------------------------------------------- ,FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 200 $ 90 $ $ $ 290 , # APPS RECEIVED 1 # PLATS RECEIVED PAID: (YES) NO AMOUNT: $290 TYPE OF APPLICATION: 1 STEP: 2 STEP: YES NO YES NO YES NO YES NO Paid: Date: P&Z Meeting Date PUBLIC HEARING: VESTED RIGHTS: CC Meeting Date PUBLIC HEARING: VESTED RIGHTS: Planning Director Approval: Insubstantial Amendment or Exemption: - --------------------------------------------------------------- ----------------------------------------------------------~---- REFERRALS: . City Attorney Mtn Bell ~ city Engineer Parks ,Dept. Housing Dir. Holy Cross Aspen Water Fire Marshall City Electric Bldg Inspector Envir.Hlth. Roaring Fork Other Aspen Con. S.D. Energy Center Clean Air Board DATE REFERRED: '7/2.-1( 'i 2-- INITIALS: ~ ;~~~~=;~;;~~~7================~~;;=;~;;;~7~:=J~~~=~~~;~~~7~ ___ City Atty ~ city Engineer ___Zoning ___Env. Health ___ Housing Other: School District Rocky Mtn NatGas State HwyDept{GW) state HwyDept(GJ) FILE STATUS AND LOCATION: /!.. ~d< ~ r, ~ MEMORANDUM TO: Diane Moore, City Planning Director FROM: Kim Johnson, Planner RE: Jacobie Condominiums - Insubstantial Plat Amendment DATE: August 7, 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant wishes to amend the condo plat to reflect the common laundry and storage area as General Common Element rather than "Garage, part of Unit 1" to conform to the actual use of the space. This qualifies as an insubstantial plat amendment pursuant to section 7-1006 A. of the Land Use Code and shall be approved by the Planning Director. FINDINGS: Sheet 2 of the existing Jacobie condominium Plat does not identify the laundry / storage area as it exists and as it has existed since before the current five condominium owners have lived at the complex. The plat shows the space as part of the garage for Unit 1. Please refer to proposed plat change as Attachment "A". The proposed change will bring the plat into agreement with the actual use of the approximately 260 s.f. space. REFERRAL COMMENTS: On 7/22/92, Planning, Zoning and Engineering staff met to review the application. The fOllowing comments were made: Zoninq: Bill Drueding had no problem or comments on the proposal. Enqineerinq: Chuck Roth stated: 1. The revised plat shall contain a Homeowner's certificate and a Title certificate which meets the city Engineer Requirements. A Mortgagee certificate is recommended but not required to be included on the revised plat. 2. The revised plat shall contain signature blocks for the city Engineer and the City Planning Director. 3. The original plat shall be referenced by book and page recordation information on the revised plat. 4. Indicate the zone district of the subject property on the revised plat. STAFF COMMENTS: reads: section 7-1006 A. of the Land Use Regulations "Insubstantial Amendment. An insubstantial amendment to an approved plat may be authori&ed by the Planning Director. An ,,-., ,,.-., insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Planning Director finds has not effect on the conditions and representations limiting the approved plat." This proposal will update the original condo plat to actual use conditions. The application states that the owner of unit 1 requested that the condominium association identify exact actual ownership square footage for purposes of accurately assessing association dues. Thus it was determined that the condo plat must also be amended. No expansion will taken place and no increased impacts to public facilities is calculated resulting from this plat amendment. Recommended conditions of approval are: Prior to filing the amended plat at the County Clerk and Recorder's Office: 1. The revised plat shall contain a Homeowner's Certificate and a Title Certificate which meets the City Engineer Requirements. A Mortgagee certificate is recommended but not required to be included on the revised plat. 2. The revised plat shall contain signature blocks for the City Engineer and the City Planning Director. 3. The original plat shall be referenced by book and page recordation information on the revised plat. 4. Indicate the &one district of the subject property on the revised plat. RECOMMENDATION: Staff recommends that the Planning Director approve with conditions the Insubstantial Plat Amendment for the Jacobie Condominiums with the four conditions listed above. I hereby approve the above Insubstantial Plat Amendment for the Jac~e_~o~d~ith the four conditions liste above. Dian~~, city Planning Director Date~ I ~ ATTACHMENTS: "A" - Proposed Amended Plat 2 , , , "M""J :";~\""""::_"/l.";"'i$tL~""'~ .."" .. ......'..,.....'..',....,.. ,';':,__ ,J.i:.-_.,;"'i:,':,; ".'.,." ....... .,......<...--.....' .."'::".,.',.j....... ~,1 , !AND. ti<:m. Al'P.[;[CATrCE, RR(t""'j : ,""::'I{;y-::>/",,-'):'~';4j;,~~'i,,:i .'::::'::,<-" ,- ,', " .",,',:'," J I/c~8IECCNI).(I,l;fU N lUi4S , , 2)' PJ:oject l:ocati.a1 4- J 5", PAR K C1RC L E' ' t.or (., SVIIINyPARI< SU8l)vAl."'" (:i.rDicate ..LL=It 'aQ.4 I lot & block rambor/lega1 description lllbere OWLUf!L.i.ate)'. 1) PJ:oject NaDe "",-,;,'.<<K" ,'::':.':::!i~:;t,~::!,::':~'iliA:<_t';"). -,>,.,;,,9<'::: -~~,~:.~: 3) 5) /211 F . I ' ( 4) J:Dt size J1-.,())( "l:J, C/)NJ>d/l1/NJ()M A 5so0AT/oi! j' U 1f/5' i-t?1-1.3",i:AReINOAtt5.0~~, I'.[I~s:: it Za1in:] JlIpHC'mt's NaDe, 'hlh. & lbcne # J A ccBJE C/o IIff~oRr M(}-T. Slices,. J/tJ/ VILLA6e/lO. 6) ~ s.o..d.ative's NaDe, Mh. & l!DIe # ,C H R IS kllli 6- P /) 130)(.'Zt)l,'g*> ASPEN, co. , 7) Type of ~(pJ-- dleck all ,that awlY): _ a:nll.ti.ana1 Use _ 0:nJeptual 8m. _ Final 8m. ~ o...~l.tJa1 H:ist:ariC Dev., _ Final H:ist:ariC Dev. _ ~,.1 Review 8040 Greenline ~, 0:nJeptual roo ' _ Milxlr H:ist:ariCDev. . _ SLLeam. Margin ---.: Final roo, ~ ..Lg---.: Historic nomnlitian - .......", """ .......x: _~'L .ril:;,;ic ~ --'- ~on _ Text:jMap A1DeI~~ _ QQ; AllOtIIIent _ IoI: Spli1:/Iol: Line _ QQ;. Exenptian Adju".L..".tl. _ Vested Rights 8) Description of Existing Uses (J'IImbor am type of ex.ist:iDJst:ruc::brms; ~ sq. ft.; n'-~ of l..=di...........; ~ previals ~ gran:t:ed to the prc.perty) . I CONDOMINIUM BUILDJIV&- !-IO()5JJI/{r FIve Ufl/Jr$, G-A~A6e; . . . . .ANt> t...!JUNf)/<'I/sroI?46EAflEA_ COVeRs 3,~ 10 $1' Ft. EAC!H UNIT IS' '2-!3()RJI!, A}./() AU S IJN ITS' ARE f{c"5I.PENTfAL . I ' 9) Descript:ian of Devel~tl. JlIpli.cat:i.a1 AI1EA SHOWN /JtJ "fJ{(~T FLOO/!. PLAN" bF e Jry PLAT, PtW:/fJBEP , , {1-I-a?EDN 115 "GJ!lAAGE" - .,4U L.EFT-J1JtNO pdli'711J1II (g'IIJ" x 1.Slg"). tHIS IS N()r fAR, pf THE 6/If<A6E . BUT ACI/l1/11otlffUJV1E{lJT fJsf.j) 8 y rifE . J Ii cothe co#()~. A 550[, . A)VI) ()W}VEf) Have you at\:.adJed the followinj? . - ' J . Response to Att:acilDe1t 2, MiniDI:un Sr,hn;=irn O:ntents BY I r, A S tif E _ Response to Attadlment 3, Specific Snhni=ion O:ntents '"L-AVNP/zi'j Response to Attadlment 4, Review stamams for Your Awlicati.an ' S IOIZ/I bE f{ I)IJJVI " 10) ~, ,.-." ~:'1 :;:><i~;;':-_i:::: ,':,"'i('l,~J.'k'"""'"'-' , tP'~b~;;$~~,~": ATTAciumNT 2 , Minimum Submission Contents forAiJ.DeveJ.oplDent Applications All the Develop~ent Applications following information and --,:::":.,,::..! shall include> ata,minimum,' materials. :7 1. The aJ?plicant's name, address and telephone nUmberJ\*~ontainedwithin a letter signed by the ,applicant'stat' ,\,' ss, telephone number of,th representative authorized to act on behalf of" t;he ap . 2. The street address and. legal description of the parcel on which the,,<,development is proposed to" occur.' .>~:,,}:,.::.}";"~r~~:f,,";'~t:<:, ' " 3. disclosure of ownership 0 the parcel on which ". the ent is pro 0 to occur, consisting of a current ,cer,J. ,J.cat~ from a title insurance company, or:if'attorneyiieensed~:-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 demonstratingJthe owner's right to apply for the Development Application. 4. An 8 1/2" x 1J."vicinity map ;locating the subject parcel within the City of Aspen. 5. A written description of the proposal and an explanation in written, graphic or model, form of how the proposed development complies with the review standards relevant to the Development Application. attach2.applications -", ~' " " i ATTACHMENT 3 """;,, ;',','K,>bD "'<""~ Specific Submission Contents: Insubstantia1 Amendment or Exemption Approval By'PlanninqDirector The'request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items:> 2. .~3. I,. A written description of the existing conditions on the"'> property which are requested to be a.ltered via",the amendment or exemption.' Such site, plan drawings or elevations as may be " I necessary to adequately evaluate the proposed amendment or exemption. . 4. A listing of all,previous development approvals granted to the property ,with the approximate dates of said approvals. ic' copy\ of any recorded document ,which affects the p~ development, inclUding but not limited to recorded plats, agreements and deed restrictions. If changes ar to said recorded documents, these should be "red-lined onto a copy of the, original document. at3.insubstantial ,< >';':1 ATT.ACBMENT 4 . ' ')\\1l"#<X ,:;",%if,)' RevI.ew'Standards: Development ',Application' for Insubstantia.l Amendment, to an Approved Subdivision ~ insubstantial amendment I;' to an approved Plat may b < authorI.zed.by ,the Plannin~ Director~ An,insubstantial amendmen~ sl;1all be lI.mI.te;d to technI.cal or.engI.neerI.ng considerations firs dI.scove;re;d dunng ~ctual devli!lopment which ~~uld not reasonably be antI.cI.pated durI.ng the 'approval process,~ any other minor change toa;p~at which, the Planning Director finds has no effect on the condI.tI.ons and representations limiting the approved plat. y 0 er amendm nt hall be , rovid d tha the pro osed hangei P at. If t:~1i! ropol3e .,iit~an is no Pl t, the'^'am dmen ""shall e', s De lo ment Appl a on for Pl ir{t aa qppIY"(I' fer t:t. c.hllnje. '#11,(. Jtltob,'e Ccnbdl,'n,'.,.:W1S' plat, ~,~ ~ IW'1 'hM1r ~ n.h~~ I ''l'/#l. ~ ~ A- 1M1Af, ~ ~ f.w .vt,J:k ~:J;.df. WJ. ~"~. :iIu- ~ k ~ fhd jj.. \\LalArldr,//Sforil1e."~~~h-~#~~ tU' ",,~ ,", , \\(1QO~.e.II, f3.Mj: ~ ~ ~~) ~.~..4IJ; -1u.wc4- ~ (8'/0")( 1Z'g")~M.-~ ~-rH~.#u-~~~ ~~ ~ ~~ ~ ~ oyv.L ~.:tW-~ ~ ~~. ;U~/~tf14;~~1 ~~' ~ ~~ ~~ ~~)~~~rJ~~~~' tM: ~ ~ ~ bf Iii III/SA (/J.U.~) A- 'i ~ r6 :;tk.- ~ (~vHoAl4t~~~ I ~~~'1-tk~) ~~ Aiu- ~ ~"J'YWU P'I-~,~ ~ ~~ ~~ ~ ~:#uM-~'M~~~~ ~~~~A-t~t:1 ,..(;w ~~.dWA t:t:/r4 M.-l~rn~U1'~~), "~ ~ "f~'1a~f'~/'~).i...f'h.e~~~ "cc!v1 S4 F7"} 6~,& sqN ~ ~/..fN;~~) P1,~~ ~~flu-tr~, Ihi{fiJ'Ar~ ~1WL~ mu'~~If~ ~~ktiu. ~/~~ }~Z:k. "ME~HANlCA" ({coM;' ':;Au '~~ ~ tl4A-c<, ~ A::tu- ~ ~ ~~~ ;W~ tfu~- ~~ ~ zh- 6Af/.A6E' (M~ ~) ;M--fx. LAtlNDI<'f/STP/U6Ej ~P- (; () /11ft! i) Jo/ E L EM EN To ~. J l' !I""-.. ':~~~~~-;'- " . Hi?~k~:...,/';;;~;:" General Summary of ConsenPkAgenda/Staff Approval APPl.icati~n""';<. Process ":': .... "':'\;';>+'<':~:'::''':)'f''>;~'' Attachment6"'i,J , 1. Application Types: The following are the Development Applications which are processed as, staff level approvals: * Exempt Historic Development * Exempt ESA Development * GMQS Exemption for remodeling or reconstruction, minor development to a, historic 'landmark, development of a single family or duplex dwelling or minor expansion of a commercial or office use. * Minor Amendments to approved Conditional Use, Special Review, SPA, PUD,Subdivisionor GMQS: 2. Development Review Procedure sn';""",ry: The &ero step staff approval application process is shown in the attached figures and can be described as follows. ~ Stage One: Attend pre-application conference. The purpose j of this one-on-one meeting with staff is to determine whether your development proposal can be processed at the staff level and if so, to identify the materials staff will need to review your application. stage Two: Subini.t develcipment application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required at this time. stage Four: Review of Development Application.' Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. Within five working days, a memo will be written by the staff member for signature by the Planning Director. -Xhe memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. ,~ ,-" Jacobie Condominium Association c/o Resort Management Services 1101 Village Road, suite LL2B Carbondale, Colorado City of Aspen Planning and zoning Galena Street Aspen, Colorado 81611 Dear Planning & zoning, The representative authori&ed to act on behalf of Jacobie Condominium Association is the president, Chris King. His address is P. O. Box 3065, Aspen, Co. 81612. Phone no. is 925-6034. Sincerely, Ch~ek ~~ Carole pennt, secretary SENT BY:Neiley & Alder .' ~ '.. : 6-15-92 ,"\ 6:39AM Neiley & Alder" ,~, i \ 3039251265:# 1 ~' " ARTICLES OF INCORPORATION OF . JACOBIE CONDOMINIUMS ASSOCIATION, INC. (Not For Profit) The undersigned, acting as incorporator of the Corporation under the laws of the Colorado Non-Profit Corporation Act. signs and acknowledges the following Articles of Incorporation for such Corporation. ARTICLE I Name - The name of the Corporation shall be JACOBIE CONDOMINIUMS ASSOCIATION, INC., hereinafter called the "Corporation". ARTICLE II Purpose The purpose for which the Corporation is organized is to govern the affairs of the Jacobie Condominiums located in the City of Aspen, Pitkin County, Colorado, and to fulfill the obligations set forth in the Condominium Declaration for Jacobie Condominiums, recorded in the reflI estate records of Pitkin County, Colorado, at Book 340, Page 6'10, as amended. ~..::...-. -.,-,..- ARTICLE III Term - The Corporation shall have perpetual existence. ARTICLE IV Powers . 1. The Corporation shall have flII of the common law and statutory powers of a non-profit corporation which are not in conflict with the terms of these Articles. 2. TM Corporation shall have all of the lawful powers and duties relleonablj' neceseary to govern the Jacobie Condominiums. Inducting but not limited to the folbwlng: \ 2.1 To make and collect assessment s against mem bers of the Corporation: 2.2 To use the proceeds of 8eseS8ments in the exercise of its powers and duties; 2.3 To employ personnel to perform the services required for proper operation of the Corporation; and 2.4 To engage in activities which may now or hereafter be allowed or permitted by law to actively foster, promote and advance the common interests of the members of the Corporation. SENT 6Y:Neiley & Alder ~6-15-92 6:40AM .-, Neiley ~der" 1""\ 3039251285;# 2 ,.... , 3. All funds an(! the title of all properties acquired by tho Corporation and the proceeds thereof shall be held in trust for th.!,.,mem-: bel's of the Corporation in accordance wtth the provisions of these Art1-. '" ...., cles,' the By-Laws of the Corporation and the Condominium Declaraticrrfor Jacob1e Condominiums. ARTtcLE V Members 1. The Corporation shall be e. membership corporation without certificates or shares of stook. 2. The members of the Corporation shall oonsist of the owners of oondominium units in Jacoble Condominiums. 3. The share of a member in the funds and assets of the Corporll-tion cannot be assigned. hypothecated or transferred without the prior written oonsent of the Board of Managers of the Corporation. 4. Each member of the Corporation shall be entitled to vote, and the number of votes and manner of exercising voters' rights shall be as set forth 1n the C'ondominiurl Declaration for Jacobie Corldominiums and the By-Laws. - 1,-..----....-- ARTICLE VI Board of Managers 1. The affairs of the Corporation' will be managed by a Board consisting of the number of managers as shall be determined by the By-Laws, but not more than seven (7) managers, and in the absence of a determination shall consist of one (1) manager. . 2. Managers of the Corporation shall be electod at the annual meeting of the members in the manner determined by the By-Laws. Man- agers may be removed and vacancies on the Board of Managers shall be filled in the manner provided by the By-Laws. 3. Managers herein named shall serve until the next election of managers. and any vacanoy in their number occurring before the next election sha.ll be filled In accord\noe with the By-Laws and Condominium Deolaration for .Tacobie Condominiums. 4. The name and address of the sole member of the current Board of Managers who shall hold office until his successors are elected and hav'e qualified, or until removed. is as follows: Craig Jacob1e 175 Park Circle. It1 Aspen. ColoradO 81611 2 --,.. _, .,...... 1..i.1. W; '"'I loCii'I I 0,.; I.r.;l" I \oI..,,;I.....i.j , 1~l;.J';;y Q!.f"IIUi;H'"'"'l' ~v,,~,~ I 'O~ I4t f " . '- < ,~ ~ ARTICLES OF INCORPORATION OF JACOBIE CONDOMINIUMS ASSOCIATION, INC. (Not For Profit) The undersigned, acting as incorporator of the Corporation under the laws of the Colorado Non-Profit Corporation Act. signs and acknowledges the fonowing Articles of Incorporation for such Corporation. ARTICLE I Name ........~. The name of the Corporation shall be JACOBIE CONDOMINIUMS ASSOCIATION. INC.. hereinafter called the "Corporation". ARTICLE II Purpose The_purpose for which the Corporation is organized is to govern the affairs of the Jaoobie Condominiums located in the City of Aspen, Pitkin County. Colorado, and to fulfill the obligations set forth in the Condominium Declaration for Jaoobie Condominiums, recorded in the real estate records of Pitkin County, Colorado, at Book 340, Page 670, as amended. ~..::o.-. -,....~ ARTICLE III Term - The COl'poration shall have perpetual existence. ARTICLE IV Powers 1. The Corporation shall have all of the common law and statutory powers of a non-profit oorporatlon which are not in contlict with the terms of these Artioles. 2. The Corporation shall have all of the lawful powers and duties reasonably necessary to govern the Jacoble Condominiums, induding but not limited to the following: 2.1 To make and\ collect assessments against members of the Corporation; 2.2 To use the proceeds of assessments in the exercise of its pow'!rs and duties I 2.3 To employ personnel to perfOl.'m the services required for proper operation of the Corporation: and 2.4 To ena-age in activities which may now or hereafter be allowed or permitted by law to actively foster. promote and advance the common Interests of the members of the Corporation. ""..It I lo.Il'I~I;J.Ir;y ~ f"l'UtT , Q-'~-~l I O.4UAM i Ilelley (5< Alaer'"' ~U~~~~'Ij(~~;1J ~ . ~ ~ ~ .' ARTICLE VII Registered Office and Registered Agent 1. The Corporation shall have and continuously maintain in Colorado a registered office, which may be the same as its principal office and a registered agent whose business office is identical to that of the registered office. 2. The initial registered office of the Corporation shall' be located at Resort Management Services. rnc., 323 West, Main Street. Aspen, Colorado 81611, looated in Pitkin County, Colorado. The initial registered agent of the Corporation, whose business office is identical with such registered office is John Cahill. ARTICLE VIII By':'LaW8 ." -, The By-Laws of the Corporation shall be adopted by the Board of Managers and may be altered, amended or revoked in a manner provided by the By-Laws. ARTICLE IX Amendments Amendments to the Articles of Incorporation shall be proposed and adopted in the following manner: ; 1. Notice of the subject matter of the proposed, amendment shall be included in the notice of any meeting at which a proposed amend- ment is considered. , 2. Approval of an amendment must be by not less than two-thirds (2/3) Qf the votes of the entire membership of the Corporation or by not less than two-thirds (2(3) of the entire membership of the Board of Managers. 3. No amendments shall make any changes in the qualifications for membership or the voting rights of members as provided in the By-Laws without approval in writing of all current members. 5. A copy of each amendment shall be certified by the ColoradO Secretary of State. \ ARTICLE XI Incorporator "." . The name and address of the inoorporator ot"1heae Articles ot Incorporation is l ( Richard Y. Nelloy, Jr.. Esquire Richard Y. Nelley, Jr., P.C. 600 East Hopkins Avenue. Suite 3 Aspen, Colorado 81611 3 ~CNI OYiNelley & Alder ; 6-15-92 8:41AM ~, Nei I ey & A I der" A . 3039251285:# 4 f ( .. '. ., f ,f .'" , " \./' STATE OF COr.oRADO ) ) SS. COUNTY OF PITKIN ) The foregoing A~iples of Incorporation were acknowledged and signed before me this ~ r.... day of January. 1988. by RICHARD Y. NEILEY. JR. - , - I \ l.. 4 r'"" ~, ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611, Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer ~OM: ,Kim Johnson, Planning Office RE: Goodheim & Ross Plat Amendment Jacobie Condominium Association Plat Amendment Krigel Stream Margin Exemption Aspen Alps Insubstantial Plat Amendment DATE: July 21, 1992 Attached for your review and comments is an application submitted by Neil Ross. I will contact you to set up a meeting to discuss these cases. Thank you.