HomeMy WebLinkAboutlanduse case.AP.926 E Cooper Ave.A56-90
CASE~ S~Y SHEET
C__y of Aspen
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DATE RECEIVED:
DATE COMPLETE:
10f03/90
1<j9/Cf()
I
PARCEL ID AND CJU>E NO.
.;L 731-1 f:2-3/-()o '.t~-90
STAFF MEMBER:
PROJECT NAME: PETITE ROCHE INSUBSTANTIAL PLAT AMENDMENT-
Project Address: .... 926 & 928 E. Cooper Avennue. Aspen. Co
Lega:L Address: Lots 0 andR. B:Lock 35. East Aspen Township
APPLICANT: Patrick McCormick. c/o David Mv:Lar
App:Licant Address: 106 S. Mi:LL Aspen. Co
REPRESENTATIVE: Stan Mathis Ardhi tects
Representative Address/Phone: 105 S. Fifth Street
Aspen. Co 920-1434
PAID: YESXXNO AMOUNT: $203.00 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION:
1 STEP:
xx
2 STEP:
P&Z Meet~ng Date
pUB:r.IC HEARING: YES
NO
VESTED RIGHTS:
CC Meeting Date
pUBLIC HEARING:
YES NO
YES NO
YES NO
Paid:
Date:
VESTED RIGHTS :
p:Lanni.ng Director Approva:L: I") }..;// 11ft>
~~~~ta~:L Amendme~ or Exemption:
REFERRALS :
-.,/City Attorney
~ city Engineer
Housing Dir.
Aspen Water
. City E:Lectric
Envir. H:Lth.
Aspen Con.S.D.
Mtn.Be:L:L
Parks Dept.
Ho:Ly Cross
Fire Marsha:L
Bui:Lding Inspector
Roaring Fork
Anergy Center
,IDe <!J,/%J INITIALS:
Schoo:L District
. ROCky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ).
Other
DATE REFERRED:
!P~
FIN~i::~::::~ty E::::eer
Housing Other:
FILE STATUS.AND LOCATION: ~. ~__ ~_'
/0 INITIAL: ~ /'
Env. Hea:Lth
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MEMORANDUM
TO:
Amy Margerum, Planning Director I
FROM:
Leslie Lamont, planning
Petite Roche Condominium, Insubstantial Plat Amendment
RE:
DATE:
October 19, 1990
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SUMMARY: The applicant has submitted an application for an
insubstantial amendment to the plat.
Staff recommends approval with conditions.
LOCATION: 926 & 928 E. cooper Avenue, Block 35
PROJECT' DESCRIPTION: The existing duplex condominium was
completelY remodeled into a larger duplex. Based upon the City
Attorney's interpretation the condominumization ran with the
land. The original condominium plat did not include a four car
garage. This amendment to the plat is necessary to include the
four car garage.
FINDINGS: Pursuant to section 7-1006 A. an insubstantial
amendment to the. approved Plat may be authorized 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 no effect on the conditions
and representations limiting the approved plat. The Engineering
Department has reviewed the proposed plat, please see attached
referral comments.
RECOMMENDATION: Staff recommends approval of the minor amendment
with the following conditions as outlined by the Engineering
Department:
Prior to the signature on the final plat:
1. The applicant must agree to )oJ.n a Special Improvement
District if one is ever formed. This must be shown on the plat.
2. Because this development will change the historical rate of
runoff for storm water, the applicant must submit a plan for
storm drainage that meets the requirements of Municipal Code
section 24, article 7-1004 C. (4) (f).
3. The plat submitted by the applicant must have a certificate
showing approval by the Planning Director.
4. The applicant must grapt a 3x6 foot by 10 foot high easement
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on the northwest corner of the property for an existing
transformer and a 4x4 foot by 6 foot high easement on the
northeast corner of utility pedestals. These easements must be
shown on the plat.
5. The plat must show the Slaven Subdivision Exemption which is
adjacent to and east of the property.
6. The original plat for Petite Roche does not have a
certificate showing approval "by city Council. Records show that
there was approval by Council for this condominiumization but it
was under the name of Cooper st. Partnership. This original name
needs to appear on the plat in parenthesis below the new name.
Also it needs to be noted below the title that this plat amends
the plat of the Condominium Map of Petite Roche, Book 8, Page 42.
7. The survey monument on the northwest corner of this parcel is
not shown because of the location under a transformer. A witness
corner for this monument needs to be established and shown on the
plat.
I hereby approve the above
insubstantial amendment. to the
Plat pursuant to section 7-
1006 A. of. the Aspen Land Use
Code.
(jt.,A/lM/Yl11 / /0/ zzj r j)
~rum, iJ:n~ing Director
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MEMORANDUM
RE: Petite Roche Condominium, Insubstantial Plat Amendment
===============================================================
Having reviewed the above appli9ation and made a site visit, the
Enginee;-ing Department has the following comments:
1. The' applicant must agree
District if one is ever formed.
to Jo~n a Special Improvement
This must be shown on the plat.
2. There is considerable development being proposed on this
property and the Engineering Departmen~ questions as to whether
or not it should qualify for an insubstantial amendment. Because
this development will change the historical rate of runoff for
storm water, the applicant must submit a plan for storm drainage
that meets the requirements of Municipal Code section 24, article
7-1004 C. (4) (f).
3. The plat submitted by the applicant must have a certificate
showing approval by the. Planning Director..
4. The applicant must grant a 3x6 foot by 10 foot high easement
on the northwest corner of the property for an existing
transformer and a 4x4 foot by 6 foot. high ea,sement on the
northeast corner for utility pedestals. These easements must be
shown on the plat.
5. The plat must show the Slaven Subdivision Exemption which is
adjacent to and east of the property.
6. The original plat for Petite Roche does not have a certificate
showing approval by City ,Council. Records show that there was
approval by Council for this condominiumization but it was under
the name of copper st. Partnership. This original name needs to
appear on the plat in parenthesis belOW the new name. Also it
needs to .be noted below the title that this plat amends the plat
of the Condominium Map of Petite ROChe, Book 8, Page 42.
7. The survey monument on the northwest corner of this parcel is
not shown because of the location under a transformer. A witness
corner for this monument needs to be established and sho~n on the
plat.
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8. 926 & 928 East Copper Avenue needs to be eliminated from the
name of this application so it will be less confusing for our
records.
j 9/roche
cc: Chuck Roth
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MEMORANDUM
FROM:
city Engineer
Leslie Lamont, Planning Office
926 & 928 East Cooper Avenue, Petite Roche Condominium,
Insubstantial Plat Amendment
Parcel IO# 2737-182-31-001 & 002
TO:
RE:
DATE:
October 9, 1990
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Attached for your review and comments is an application
requesting Planning Director approval of an Insubstantial
Amendment to a Recorded Plat for the Petite Roche Condominium.
Please return your comments to me no later than October 16, 1990.
Thank you.
STAN
MATInS
ARCIDTECfURE
AND
PLANNING
Posl
Office
Box
1984
Aspen
Colorado
81612
303/920-1434
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TO:
Planning Dept
City of Aspen
FROM:
stan Mathis Archirecture & Planning
DATE:
October 3, 1990
RE:
Petire Roche Condominiums Amended Plat
926 & 928 E. Cooper Ave
Lots Q & R, Block 35, East Aspen Tov.Tfiship
We are requesting review of the attached amended plat for the
above referenced condominium duplex. The units have been remodeled
with the addition of a four-car garage. (There -was previously only a two
car garage.) Also attached please find the previously amended plat of 1982.
If you have any questions, or need any further information
please call our office at 920-1434.
Sincerely,
Kristin Timroth
,.-..
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October 1, 1990
Ernie Delto, of stan Mathis Architecture and Planning is author-
ized by Aspen Block Ltd. to represent us for the purpose of
amending the Condominium Map of Petite Roche
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COffiID9nwealth /""'I
Land Title Insurance Compal.,
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 09/14/90 @ 8:00 A.M.
Case No. PCT-SOOl
2. Policy or policies to be issued:
(a)ALTA Owner's Policy-Form B-1970
(Rev. 10-17-70 & 10-17-84) or 10/21/87
PROPOSED INSURED: PATRICK J. O'BRIEN AND
Amount $ 675,000.00
Premium $ 837.12
SUE K. O'BRIEN
(b )AL TA Loan Policy,
(REV. 10-21-87)
PROPOSED INSURED:
Amount $
Premium $
(c)Alta Loan Construction Policy, .1975
(Rev. 10-17-84)
PROPOSED INSURED:
Amount $
Premium $
Tax Cert. $ 10.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
ASPEN BLOCK, LTD., a Nevada Corporation
4. The land referred to in this Commitment is described as follows:
UNIT 1, PETITE ROCHE CONDOMINIUMS, according to the Condominium
Map thereof recorded october 29, 1979 in Plat Sook 8 at Page 142, and
as defined and described in the Condominium Declaration for Petite
Roche Condominiums, recorded october 29, 1979 in Book 378 at Page 300.
COUNTY OF PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
Schedule A-PG.l
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and S are attached.
Authorized officer or agent
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Commonwealth .f"",
Land Title Insurance Campau)'
^
COMMITMENT FOR. TITLE INSURANCE
SCHEDULE A
1. Effective date: 09/14/90 @ 8:00 A.M.
Case No. PCT-5002
2. Policy or policies to be issued:
(a)ALTA Owner's Policy-Form B-1970
(Rev. 10-17-70 & 10-17-84) or 10/21/87
PROPOSED INSURED: MELVIN BOYER
Amount $ 650,000.00
Premium $ 815.25
(b)ALTA Loan Policy,
(REV. 10-21-87)
PROPOSED INSURED:
Amount $
Premium $
)
(c)Alta Loan Construction POliCY/,75
(Rev. 10-17-84)
PROPOSED INSURED:
Amount $
Premium $
Tax Cert. $ 10.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
ASPEN BLOCK, LTD., a Nevada Corporation
4. The land referred to in this Commitment is described as follows:
UNIT 2, PETITE ROCHE CONDOMINIUMS, according to the Condominium
Map thereof recorded october 29, 1979 in Plat Book 8 at Page 142, and
as defined and described in the Condominium Declaration for Petite
Roche Condominiums, recorded october 29, 1979 in Book 378 at Page 300.
COUNTY OF PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
schedule A-PG.l
This Commitment is invalid
unless the Insuring
Provisions and schedules
A and B are attached.
Authorized officer or agent
{)Iff4a
.ATrlIOIMI'llT 1
~ I1IND USE 1\PPLIC!\TIOO FQRM^
V f~~ Q{)d1~
Project I.Dcation ~l.P -t(;td.-9 1(.. ~W ~ \
Lois G -tQ ~.Ovt ~'17, C'A'ht of- ~ \ fed- A$pet/\ T&i0~'-p
(in:l.i.cat:c street address, lot & b1cx:k rn.miJer, legal. dcsc:ription -where
awrq:>ri<: ::e)
Present ~ X[IYW-
4) IDt Size
1)
2)
Project Name
3)
5)
6)
Awlicant's Name, Address & !hone j/ ~rJ1c,lffrn;-a L{o Chut6 I'h~(c;t("
lOCo S. tNvl, Asj))-€%\ qiX}-tQt<%
Representative's Nane, Mdl:ess & Itlone j/ ~ iY1~S lh.&tihJ-\-ts
\OS 'S,. Fi~ <;-f.! ~ O)d-O -lLf';,c+
7)
Type of Awlication (please d1eck all that awly) :
corditional Use
_ 0J0cepb.1al SPA
Final SPA
_ O:>nceptual Historic Dav.
_ Special Revie'W
Final Historic Dav.
8040 Greenline
_ 0J0cepb.1al roo
Minor Historic D:..-'Ii.
.'
_ stream Margin
Final POD
F.istoric Cenolition
Mo<mtain vie'W Plane
.
Sub:iivision
_ Historic Dasignation
s
_ corrlomini.umization _ TextjMap 1\merrlment _ (;1-QS Allol:lDent
T--+- Sp' H. rrrd-- Line' . 't)/\ ,1L(\ _ ~ ~~'an
~ ............. . >J..",.........~ ~~""'S kJ-Sl.~ ,~lLLo;Jj ~.~ ~~
MJust:Dent . ~M - ~
'-Y\V~.l(, Iv
8) Description of E>lli>tin:r Uses (r.a.mber an:l t.-ype of e>ci.stirq st:rucb.n:es;
aw:roxilDa.te sq. ft.; I'I.llIber of hrll.,-,-=>; arrj' p:cevi= awrovals granted to the
property) .
Dvo[eX ? &uivoorn r ~ 1ocJ-v- eRoVI. u vV+' '::rooD Set' f-r -e..a~ .
9) Description of Davelc:::>prent Afplication
-::lJAsvlosfo.n-llaJ AYnenctmevr1-- -to 0- Pled-. 'fJ<ee& 10 t:ll o-:J:f-Qc.lrJ-r:d
OSVlfWkd ()\.01.
#.,
10) Have you attached the foll~?
Resp::mse to Attac:tmJ:?nt 2, Mininum S1>rrni<<"ion O::>nterrts
Response to Attac:tmJ:?nt 3, Specific Sllhni""ion O::>nterrts
_ Response to Attachmerct: 4, Review Stardards for Your lWlication
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STATE'\)14~i\LbRADO
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DEPARTMENT OF
STATE
CERTIFICATE
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I, NATALIZ MEYER, Seoretary of State of the State of
Colorado hereby oertify that the prerequisites for the
issuanoe of this oertifioate have been ful:filled in oompli-
anoe with law and are found to oon:form to l.aw.
Aooordingly, the undersigned, by virtue of the authority
vested in me by law, hereby issues A CERTIFICATE OF
INCORPORATION TO PETITE ROCHE CONDOMINIUM ASSOCIATION,
INC., A NONPROFIT CORPORATION.
Dated:AUG. 0 71989
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,/''''-~ .
- / SECRETARY OF STAr(
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NONPROFIT
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ARTICLES OF INCORPORATION
Dm~;~:f<;-':; - ~?E
OF
PETITE ROCHE CONDOMINIUM ASSOCIATION, INC.
The undersigned incorporator, a natural person of the age of
18 years or more, desires to form a non-profit corporation under
the laws of the State of Colorado and does sign, verify, and
deliver in duplicate to the Sec:t'etary of State of the State of
Colorado these Articles of Incorporation.
ARTICLE I
Name
The name of the corporation shall be:
Peti te Roche
Condominium Association, Inc.
ARTICLE II
Period of Duration
This corporation shall exist in perpetuity, from the date of
filing these Articles of Incorporation with the Secretary of
State of the State of Colorado, unless dissolved according to
law.
.,
. ARTICLE III
Objects and Purposes
The objects and purposes for which the corporation is
organiz.ed and the nature of the bus.iness to be. carried on by it
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are as follows:
1. To serve the purpose of the "Association" as that term
is defined in the Condominium Declaration for Petite Roche
Condominium (the "Declaration") executed on the 24th day of
October, 1979, and recorded in Book 378 at Page 300 of the
records of the Clerk and Recorder of Pitkin County.
2. To hold title to the "General Common Elements" and
"Limited Common Elements" of the Petite Roche Condominium, as
defined in and subject to the Declaration.
3.
and acquire by purchase,
lease,
To take, hold,
exchange, merger or otherwise, and to sell, lease, mortgage,
pledge, exchange or otherwise deal in, real and personal property
of every kind, nature, and description and any and all interest
therein,
situated,
wherever
in
connection
with
the
above-described business.
4. To carryon any business or activity in connection with
the foregoing and to have and exercise all of the powers and
rights conferred by the laws of the State of Colorado upon
corporations formed under such laws.
The foregoing clauses shall be construed as objects,
purposes, and powers, and the matters expressed in each clause
shall not be limited by reference or inference from the terms of
any other clause, but shall be regarded as independent objects,
purposes, and powers; the enumeration of specific objects,
..
purposes, and powers shall not be construed to limit or restrict
in any manner the general powers and rights of the corporation as
provided by law, nor shall the expression of one object, purpose,
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or power be determined to exclude another, although it be of like
nature but not expressed.
ARTICLE IV
Powers
1. The corporation shall have all of the common law and
statutory powers of a non-profi tcorporation which are not in
conflict with the terms of these Articles.
2. The corporation shall have all of the powers and duties
set forth in the Condominium Ownership Act, C.R.S. S38-33-101, ~
seq., except as limited by these Articles and the Declaration,
including all of the powers and duties reasonably necessary to
carry out the purposes of the Association as set forth in the
Declaration and any amendments thereto.
3. All funds and the titles of all properties acquired by
the corporation and the proceeds thereof shall be held in trust
for the members of the corporation in accordance with the
provisions of the Declaration, these Articles, and the Bylaws of
the corporation. The corporation shall make no distribution of
income to its members or officers.
ARTICLE V
Membership
1. This corporation shall be a membership corporation
without certificates or shares of stock. There shall be one
class of membership and there shall' be one membership in the
.'
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corporation for each "Unit",. as defined in the Declaration. The
owner or owners of a Unit shall hold and share the membership
related to that unit in the same proportionate interest and by
the same type of tenancy in which the title to the Unit is held,
provided always that there shall be only one membership per Unit.
No person or enti ty other than the owner of a Unit may be a
member of the corporation.
2. Each member shall have the percentage vote as is set
forth in the Declaration on all matters in which members are
entitled to vote.
3. Membership in the corporation and the share of a member
in the assets of the corporation shall not be assigned,
encumbered or transferred in any manner, except as an
appurtenance to transfer of title to the Unit to which the
membership pertains; provided, however, that the rights of
membership may be assigned to the holder of a mortgage, deed of
trust, or other security instrument respecting a Unit as further
security for a loan secured by a lien on such Unit.
4. A transfer of membership shall occur automatically upon
the transfer of title to the Unit to which the membership
pertains; provided, however, that the Bylaws of the corporation
may contain reasonable provisions and requirements with respect
to recording such transfers on the books of the corporation.
S. Members shall have no pre-emptive right to purchase
.
other condominium units or memberships appurtenant thereto.
6. The corporation may suspend voting rights of a member
for failure to comply with the rules and regulations of the
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corporation or with any other obligations of the owner of any
Unit under the Declaration.
7. The Bylaws may contain provisions, not inconsistent
with the foregoing, establishing the rights, privileges, duties
and responsibilities of the members.
ARTICLE VI
Board of Directors
1. The affairs of the corporation will be managed by a
Board of Directors consisting of two persons.
2. The directors shall be elected at the annual meeting of
members in the manner determined by the Bylaws. Directors may be
removed and vacancies shall be filled in the manner provided in
the Bylaws.
3. The initial Board of Directors of the corporation shall
consist of the following individuals who shall serve as directors
until the first annual meeting of shareholders or until their
successors are elected and shall qualify:
James Patrick McCormick
926 East Cooper
Aspen, CO 81611
Daniel Dellenbach
c/o El Dorado National, Ltd.
983 Lomas Sante Fe Drive
Suite F
Solana Beach, CA 92075
.
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ARTICLE VII
Registered Office and Registered Agent
The registered office of the corporation shall be:
926 East Cooper
Aspen, Colorado 81611,
and the name of the registered agent of the corporation, whose
legal address is identical with that of the registered office,
shall be: James Patrick McCormick.
ARTICLE VIII
Incorporator
The name and address of the Incorporator is as follows:
David J. Myler
106 South Mill Street
Suite 202
Aspen, Co 81611
IN WITNESS WHEREOF, the above named Incorporat~r has signed
these Articles of Incorporation this 4t
ay of August, 1989.
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
1-#1
of
~ _ Subscribed and sworn to before
nurS-f- , 1989 by David J. Myler,. as
· Witness my hand and official seal.
me this
Incorporator.
day
My commission expires:
(, -2 c./ - Yb
(I~AU~() 2dcnL
Notary Public
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~'/' /",jr, BUILDING PERMIT APPLICATION ,1"'\
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Jurisdiction of ~f f.,fJ
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Constructio~ . $
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No. of Qw€>llinq Unjt~
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SpeCial ApptOllals
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AUTHORIZED BY
PATE
PAAK DeDICATION
WATER TAP
HEALTH DEPT.
SOil REPORT
EN(tOEPT,
FIRE MARSHALL
OTHER \SPECIFY)
THIS FORM IS A PERMIT ONLY WHEN VALIDATED
WORK STARTEO WITHOUT PERMIT WILL BE DOUBLE FEE
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