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HomeMy WebLinkAboutcoa.lu.co.Central Bank 420 E Main St .A37-93 1'""'\. ,.... J "'\ CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: ~02/93 DATE COMPLETE: ~ PROJECT NAME: Central Bank Condominiumization project Address: 420 E. Main st. Legal Address: Els Lot L, all of Lots M - S, Block 86 PARCEL ID AND CASE 2737-073-14-001 STAFF MEMBER: NO. A37-93 KJ APPLICANT: Ron Garfield & Andrew Hecht Applicant Address: 601 E. Hyman. Aspen, CO 925-1936 REPRESENTATIVE: Sunny Vann Representative Address/Phone: 230 E. Hopkins Aspen, CO 81611 925-6958 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 942.00 # APPS RECEIVED 3 ENGINEER $ 93.00 # PLATS RECEIVED 3 HOUSING $ ENV. HEALTH $ TOTAL $1035.00 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -1L 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date --------------------------------------------------------------- ~~:~!~~-;;;;~;;~~---i;;;::;;;;::::-------;;;;;::;;:;~;;;s Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross, Clean Air Board city Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: DUE: INITIALS: ---------------------------------------------------------------- ---------------------------------------------------------------- FINAL ROUTING: ~\(,,'i \>~o~ ') DATE ROUTED: ___ City Atty ~ City Engineer ___Zoning ___ Housing Open space Other: INITIAL: ___Env. Health FILE STATUS AND LOCATION: rl r"'. MEMORANDUM ~ -IV 5'() TO: Mayor and city council THRU: Amy Margerum, City Manager THRU: Diane Moore. City planning Direct~ FROM: Kim Johnson, Planning DATE: September 23, 1993 central Bank Property Subdivision Condominiumization and Vested Rights - Ordinance 46, Series 1993 Exemption for Second Reading RE: ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning staff recommends approval and second reading for subdivision exemption for condominiumization and vested rights for the existing structures at the Central Bank property located at 420 E. Main Street. PREVIOUS COUNCIL ACTION: None. COMPLIANCE WITH ASPEN AREA COMMUNITY PLAN: The AACP does not specifically address condominiumization of buildings. BACKGROUND/PROJECT DESCRIPTION: This CC (Commercial core) zoned parcel contains three existing buildings. One structure houses Central Bank, one structure is used for offices, and one structure consists of 12 unrestricted apartments. The entire parcel is 22,500 s.f. in area. There are 21 on-site parking spaces, twelve of which are within a gated parking lot. All spaces are signed for bank use only. The proposal is to create two condominium units, one encompassing the Central Bank building and the parking lot to its west and the second parcel encompassing the one story office building, the apartment structure and the courtyard between the two. Please refer to the site plan and the approximate location of the proposed condominium boundaries, Exhibit "A". CURRENT ISSUES: Pursuant to Section '7-1007 condominiumization of existing developments is exempt from SUbdivision and shall be approved by city Council. condominiumization of an existing commercial building (SUbdivision exemption) and vested rights are, non-discretionary actions by City Council. There are no review standards or mitigation requirements contained within the Land Use Code for condominiumization of commercial structures, however, Engineering plat requirements must be met with the condominium plat prior to recordation. Complete referral comments from the Engineering Department are attached as Exhibit "B". Staff would like to remind Council that revisions to the residential ./" r"', ,'-'. condominium regulations are forthcoming to council on October 12, 1993 for first reading. staff is also including vested rights by ordinance for three years pursuant to section 24-6-207 of the Municipal Code. In staff's memo for first reading, one concern had been brought up regarding the on-site parking. The parcel is currently non- conforming as it relates to the required number of parking spaces. It has been determined through research of information from the late 1960's that parking for this property was not required by land use regulations. Approximately 23 spaces would be required by today's land use regulations for the commercial structures on the property. Currently all 21 spaces on the parcel are posted for bank use. Originally staff wanted to insure that the small office building retain some parking spaces for its employees and patrons. However, as condominiumization is strictly an ownership situation, the city Attorney has clarified that Council cannot mandate through condominiumization a division of the on-site parking, nor require new parking to be added. The proposed approval ordinance lists the following recommended conditions: 1) The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. ' 2) Prior to the sale of either unit whichever comes first, a condominium plat must be approved by the City Engineer and recorded by the Pitkin County Clerk and Recorder. T~~S plat shall meet the requirements of section 24-7-1004 Dl~bf the Aspen Municipal Code as well as the comments of the Engineering Department review memo dated August 10, 1993. 3) A Subdivision Exemption Agreement shall be submitted and filed concurrently with the Condominium Plat. 4) All material repres;entations made by the applicant in the application and during public meetings with the City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. FINANCIAL IMPLICATIONS: None are anticipated~ RECOMMENDATION: The planning Office recommends second reading and approval of ordinance 46, 1993 for condominiumization and ves;ted rights of the central ,Bank Property. ALTERNATIVES: Council could alter staff's; proposed conditions affecting the condominiumization approval. 2 f"""'" ~ PROPOSED MOTION: "I move to approve on second reading ordinance 46, Series 1993 approving condominiumization and vested rights for the Central Ban~ property." CITY MANAGER COMMENTS: Ordinance 46, 1993 Exhibits: "A" - Proposed Condominium boundaries "B" - Engineering Referral memo 3 . i.i ~ ~~J I r ~l I ,~ [~ II I ~ I ~ f r I J ! ml~li_~ '_"',' ..~--,,'.. , >- '., ~ ~ 'Z , ',: ~~:&_!m~ ;..~~ ~ty 1''''0"11"11 -1hft-L AppI:ov.ed , 1. _ By ort! ,',.1 I ,/"",,\ V'/Y'.f/7V.;9 "":1"'~NO":> l' -':S" -. ". 8 .:""; '/'l"'j .. ! . ..: :: l~ . ~I...., ",' . U"\ 'II -. '. : .~.c . ',U1 ~ """"""'~' __0 ~ '/' Ir ~ . ",' c:J . '~.. ~ " :;, .~ !. ~ . L ; i ,~, ~ ,;, .: ,'.:'. :" . .:'* ~r.;:' . :. ~ ':. I : '. ~ ,...~~;: "~ .' .' . , I "'. .... ~~\I.'. , :', . ' ~.~ : ~ .~ " .' - ",,'., .'. ....' , ,P v '. . '.','~ :.i : ':':: 'ol' - ............. .,.{'.. 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""":"+:-"1, ;/1 "~I '1/ ,j,~~_~UG I I ' ,,11/ '.0'._ ,.-;;, -.-.----I~.- i J To: Kim Johnson, Planner Date: August 10, 1993 Re: ' Central Bank Property Condo Application Having reviewed the above referenced application and having made a site visit, the Engineering Department has the following comments: 1. Encroachments - An encroachment license is required by the City Engineer for all encroachments listed, but not limited to, by the surveyor on the submitted plans. This will include the planter that extends onto the sidewalk in front of the Bank's parking lot. 2. Parking - Identify all parking spaces, all meeting the dimensional requirements of the City Code. Parking lot gates must also be shown on plat as these are a major structure on the property. 3. Utilities - The transformer encroachment should be converted to a utility easement. Also, a 4' by 10' easement located somewhere on the property, perhaps on Lot Q, 'in the parking area, is required for future use. This will allow the utility pedestals and meters to be moved out ,of the ally right-of-way. 4. Trash - The plans do not indicate a trash storage area. The final plat must indicate a trash storage area on the applicant's property and not in the public right-of-way. 5. Language - The final plat must have the Surveyor's Certificate contain language that all easements and recorded encroachments indicated on title policy number , dated _, have been shown on the plat. Recommended Conditions of Approval 1. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. r'\ ,~ ~ Page 2 Kim Johnson August 10, 1993 2. Prior to the sale of either unit, a condominium plat must be filed which meets the requirements of Section 24-7-1004.0 of the Municipal ~ode and the comments of the Engineering Department review memo of August 10, 1993. Wi cc: Chuck Roth, City Engineer Bob Gish, Public Works Director centralbankcondo ,-- .-.. CSI Properties, Inc. n"\,~;-- - 'I.., J July 28, 1993 AU6-2 Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Dear Ms. Johnson: The undersigned is the owner of the east half of Lot L, and Lots M, N, 0, P, a, Rand S, Block 86, City and Townsite of Aspen which is the Central Bank Property at 420 East Main Street in Aspen. The undersigned hereby authorizes Ronald Garfield and Andrew V. Hecht (which individuals have a contract to purchase a portion of the Central Bank Property) to submit and process an application with the City of Aspen for subdivision exemption approval to condominiumize the entire Central Bank Property into two (2) condominium units as more fully described in the application to be submitted by Vann Associates, Planning Consultants. Actual record title to the Central Bank Property is in a predecessor corporation known as First Aspen Corporation; however, CBI Properties, Inc. is the real owner and will be the record owner when we close our contract with Messrs. Garifeld and Hecht. Very truly yours, CBI Properties, Inc. ~e::!-o- Authorized Officer 1515 Arapahoe Street / Denver, Colorado 80202 / (303) 820-4342 1"""\. (""\, V ANN ASSOCIATES Planning Consultants AUG August 2, 1993 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Central Bank Property Condominiumization Application Dear Kim: Please consider this letter an application for subdivision exemption approval to condomi- niumize the Central Bank property, which is located at 420 East Main Street in the City of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Sections 7-1003.A3. and 7-1007.A of the Land Use Regulations by Ronald Garfield and Andrew V. Hecht, the prospective purchasers of one of the proposed condominium units (see ExhibitZ, Title Commitment). The owner of the property is CBI Properties, Inc. Permission for the Applicants to submit the application on behalf of the property owner is attached as Exhibit 3. Permission for Vann Associates to represent the Applicants is attached as Exhibit 4. Project Site As the accompanying improvement survey illustrates, the property consists of the east one-half (1/2) of Lot L, all of Lots M, N, 0, P, Q, Rand S, Block 86, City and Townsite of Aspen. The property contains approximately twenty-two thousand five hundred (22,500) square feet of land area and is zoned CC, Commercial Core. Existing man- made improvements to the property include the two (2) story bank building, a one (1) story addition, the bank parking lot, and a two (2) story apartment building. A land- scaped courtyard separates the existing buildings. Proposed Condominiumization The Applicants propose to divide the property into two (2) condominium units pursuant to the provisions of the Colorado Common Interest Ownership Act as amended. A general common element will also be created. Condominium Unit #1 will consist of the east one-half (1/2) of Lot L, all of Lots M, N, 0 and P, and the west eleven (11) feet of Lot Q, excluding the area to be designated as the general common element. These lots contain the existing two (2) story bank building and the parking lot. Unit #2 will consist 230 East Hopkins Avenue. Aspen, Colorado 81611 . 303/925,6958, Fax 303/920-9310 /,""" 1"""', Ms. Kim Johnson August 2,1993 Page 2 of the East nineteen (19) feet of Lot Q and all of Lots Rand S. These lots contain the one (1) story addition and the apartment building. The general common element will be located between the two proposed units and will provide a common access to the two units. Review Requirements Pursuant to Section 7-1007.A. of the Regulations, the condominiumization of an existing development is subject to the receipt of subdivision exemption approval from the City Council. As no condominiumization of residential or lodge units is proposed, the provisions of Sections 7-1007.A.1. and 2. do not apply to this application. Similarly, Sec- tion 7-1007.B.2., which pertains to application contents, contains no requirement for the submission of a condominium plat or declaration, and their is no general provision that City Council approve these documents. The preparation and recordation of a condomin- ium plat and declaration apparently need only comply with state statutes. As the Land Use Regulations contain no specific review criteria for the condominium- ization of land, I believe that an applicant need only comply with the general application requirements of Section 6-202, and the subdivision exemption approval procedure contained in Section 7-1003.B. The above notwithstanding, the Applicants will submit a final condominium plat for review and approval by the Engineering Department follow- ing the receipt of subdivision exemption approval from the City Council. Should you have any questions, or require additional information, please do not hesitate to call. As we discussed, I would appreciate it if you would schedule the application for the August 23, 1993, City Council agenda. Yours truly, SV:cwv Attachments cc: Ronald Garfield, Esq. Andrew V. Hecht, Esq. ~\busVcity.app\app22S93~e , ".a,. r" I~, ~~~~~:;~~~~mpany COMMITMENT FOR TITLE SCHEDULE A r--.. I,~., ~::1 a!,i,~' '."", EXHIBIT 2 INSURANCE 1. Effective Date: 05/18/93 at 08:30 A.M. Case No. PCT-7710 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: RONALD GARFIELD and ANDREW V. HECHT Amount$ 1,360,000.00 PremiumS 2,783.00 (b) ALTA Loan Policy, (Rev. 10-21'87> Proposed Insured: Amount$ PremiumS Tax Cert. $ 20.00 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: FIRST ASPEN CORPORATION, A COLORADO CORPORATION 4. The land referred to in this Commitment is described as follows: THE EAST 19 FEET OF LOT Q, LOTS RAND S, BLOCK 86, CITY AND TOWNSITE OF ASPEN. 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.1 This Commitment is invalid unless the Insuring provisions and Schedules A and B are attached. Authorized office~ or agent Form 4100 ''0... ',.t:.. "....." ',~, ~~~~~~:~;~~~mpany , SCHEDULE B - SECTION 1 REQUIREMENTS "....., ~ 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 be executed and duly filed for record to-wit: 1. Certificate of Incorporation or Certificate of Good Standing of First Aspen Corporation issued by the Secretary of State or other governing body for Corporations of the State of Colorado, must be delivered to and approved by the Company. 2. Deed, executed by the-President or Vice President or other designee authorized by the Board of Directors of First Aspen Corporation a Colorado Corporation To : Ronald Garfield and Andrew V. Hecht NOTE: Corporate Seal or Facsimilie should be affixed. 3. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 4. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. 5. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. .,'~ ("". ,-, ~ ,rriiI' Commonwealth') ~ Land Title Insurance Company SCHEDULE B-SECTION 1 CONTINUED , . Exceptions numbered NONE are hereby omitted. The OWner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the OWner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: Pursuant (a) (b) (c) If the Company conducts the owners' closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". to Senate Bill 91-14 (CRS 10-11-122); The Subject Real property may be located in a Special Taxing District; A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; 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: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Section 2 Commitment No. PCT-7710 . \. r'\ , '~'~~~~~:~;~~~mpany SCHEDULE B SECTION 2 EXCEPTIONS ~ /~ The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 267 & 394 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". This commitment is invalid unless the Insuring provisions and Schedules A and B are attached. Schedule B-Section 2 Commitment No. PCT-7710 ,~ !~ EXHIBIT 4 August 2,1993 HAND DELIVERED Ms. Kim Johnson AspenJPitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Johnson: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent us in the processing of our subdivision exemption application to condominiumize the Central Bank property, which is located at 420 East Main Street in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, Ronald Ga d Andrew V. Hecht Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 SV:cwv c:\bus\city.ltr\ltr22593.kj 1 /"""\ ,/"""\ ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Development Application Fees 4////f6-=-" -1"~ CITY OF ASPEN (hereinafter CITY) and ~~o/1/'f~&I? (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has, submitted to. CITY an applicatio.n fo.r h.;>/SOA//S/G:y-/ ~C7-/r=7?CX/ (hereinafter, THE PROJECT). '. 2. APPLICANT understands and agrees that City o.f Aspen Ordinance No.. 77 (Series o.f 1992) establishes a fee structure fo.r Planning Office applicatio.ns and the payment o.f all pro.cessing fees is a co.nditio.n precedent to. a determinatio.n o.f applicatio.n co.mpleteness. 3. APPLICANT and CITY agree that because o.f the size, nature o.r sco.pe o.f the pro.po.sed pro.ject, it is no.tpo.ssible at this time to ascertain the full extent o.f the Co.sts invo.lved in pro.cessing the applicatio.n. APPLICANT and CITY further agree that it is in the interest o.f the parties to. allo.w APPLICANT to. make payment o.f an initial depo.sit and to. thereafter permit additio.nal Co.sts to. be billed to. APPLICANT o.n a mo.nthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additio.nal payments upo.n no.tificatio.n by the CI1'Y when they are necessary as Co.sts are incurred. CITY agrees it will be benefited thro.ugh the greater certainty o.f reco.vering its full Co.sts to. process APPLICANT'S applicatio.n. 4. CITY and APPLICANT further agree that it is impracticable fo.r CITY staff to. co.mplete pro.cessing Dr present sufficient info.rmatio.n to. the Planning Co.mmissio.n and/o.r City Co.uncil to. enable the Planning Co.mmissio.n and/o.r City Co.uncil to. make legally required findings fo.r pro.ject approval, unless current billings are paid in full prio.r to. decisio.n. ,/""0., ,~ 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 co completeness, APPLICANT shall pay an initial deposit in the amount of $/,6%'"- which is for 6 hours of Planning Office time, and if actual recorded 'Costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30daysof~he ~illing date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT By: ~~{fIWlZ Diane Moore City Planning Director ~~ Mailing Ad s: Date: &J't-- t3~ " ) 2 V ANN ASSOCIATES Planning Consultants December 3, 1993 p nEe HAND DEUVERED Ms. Kim Johnson AspenlPitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Galena Plaza Condominiums Dear Kim: Enclosed for your review and comment is the proposed subdivision exemption agreement and condominium plat for the Galena Plaza Condominiums. Please note that the agreement memorializes the conditions of subdivision exemption approval contained in City Council Ordinance No. 46,93. Similarly, the plat reflects the revisions requested by Chuck Roth at our December 2, 1993, meeting. I have also enclosed a ~Q th required encroachment license application, which has been submitte(1Q..lhe Engineeri Department under separate cover, and an easement agreement for the existing trans, former which encroaches unto the east half of Lot L. As we wish to record the condominium plat and related documents in as timely manner as possible, I would appreciate it if you review them at your earliest convenience, and call me regarding any further revisions which the City may require. If everything is in order, I will provide you with the executed originals for recordation purposes. cc: Ronald Garfield, Esq. c:\bus\city.ltrUtr22593.kj3 230 East Hopkins Avenue. Aspen, Colorado 81611 . 303/925,6958' Fax 303/920,9310 '; " . "rt '$' '=: IU.:h.m Yo NelIcv. Jr.. P.C. Jlup"'" M. A!deII p.c. ' NEIlEY. & ALDER ATTOlU-mS ZOl North MIll Street, Suite 10Z AapeD, Colorado 81611 (303) 925-9393 PAX Num1lu (.303) 915-9396 cecember 2, 1993 Chuck Roth, City Engineer City of Aspen 130 South Galena Aspen, Colorado 81611 Rei Colorado National Bank condominium application Dear,)!r. Roth. Please consider this letter as an application for an .encroachment license, which lioense is requested in connection with the condominiumization of the property where Colorado National Bank is located on East Main Street. In accordanoe with Seotion 19-5, of the Municipal Code, the following information is provided: A. Applicant's name and address: Galena Plaza, LLC c/o Lowell Meyer 517 West North Street Aspen, Colorado 81611 Please note that the Applicant is ~ the current owner of the property which adjoins the lPublic.rights-of-way for which the lioense is requested. The property is owned by CBr Properties, Inc., which is participating with thE! Applicant in the condominium-, ization prooess, and whioh will dee~the,property to the Applicant upon approval of the condominium plat. The legal description of, the adjoining property is as follow~: , I Lots Rand 5, Block 86, , City and Townsite of Aspenr County of Pitkin, , State of Colorado, I Location of encroachment: ! 100 block of North Galena Street and the alley of Block 86 ! I " I I I I B. -, ~=NI ~TiNelley & Alder ;12- S-9S 10:S7 Neiley & Alder" ~u~ ~~u ~.:IIU,j1i I '" " ~, ... "I' Letter to Hr. Roth December 2, 1993 Page 2 C. Explanation of Applicant's need for, a license: Applicant desires to encroach upon the above public rights-of-way where a two-story COllcrete block building with basement currently encroaches between 0.3 and 0.35 feet upon the ,sidewalk of Galena Street'and'l:le"tweenO.04 andO;OS'feet into the . alley, as shown on the proposed Condominium Plat for Galena plaza Condominiums, a copy of which is attached to this, Application', The following documents are enclosed herewith in connection with the license applicationl 1. Executed Encroachment Agreement Proposed condominium plat for the Galena Plaza 2. condominiums 3. A check payable to the City of Aspen in the amount of $320.00 to cover the processing fee for this application 4. A check payable to the City of Aspen in the amount of $15.00 for recording the executed license. An insurance certificate which complies with paragraph five of the Encroachment Agreement will be submitted prior to the issuance of the license. 'l'hank you for your courtesy and attention to this matter. If you have any questions, please do not hesitate to call me. Very truly yours, NEILEY & ALDER EMA/me enclosures