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HomeMy WebLinkAboutcoa.lu.co.Lots 13-16 Williams Add-Spruce Place.A081-97 .-- r-; .-. \ .~ MEMORANDUM TO: Stan Clauson, Community Development D'rector THRU: FROM: Julie Ann Woods, Deputy Director Christopher Bendon, Planner 0iN RE: Spruce Place Townhomes Condominiumization Lots 13, 14, 15, & 16 Williams Addition DATE: February 11, 1998 Brooke Peterson, representing McKerrow and Rutgers, LLC, owner, has applied for a subdivision exemption for the'condominiumization of the Spruce Place Townhomes; located upon Lots 13, 14, 15, & 16 of the Williams Addition, City of Aspen. I have referred this application to the City Engineer and the applicant has responded to the suggested modifications to the draft plat. There are no other proposed improvements to the site, it is a permitted use in the R -6 zone district, and there are no other land use issues involved. The Community Development Director may approve subdivision exemptions pursuant to Section 26.88.070. I am recommending approval of this condominiumization with no conditions. Approved: 3a-,",~"",,~~ \~q~ o~~\) ~~'?~ R> ~ -et!l ...0. \. ' ;\\.1,' ~x.'<> .~\~~yf; . \\'I0<:,\;:~~~0\ "Q~~'S"'\ C~ () f"'""\ r-. .~ '" \::i.\, '.... \:..\" . , '~ '. MEMORANDUM To: Chris Bendon, Planner Thru: Nick Adeh, City Engine~# . Prom: Chuck Roth, Project Engineer (!tf<- Date: November 20, 1997 Re: The Spruce Place Townhomes Subdivision Exemption for Condominiumization The Development Review Committee has reviewed the above referenced application at their November 5, 1997 meeting, and we have the following comments: 1. Missinl!: Blat content reauirements a. The surveyor's notes lack legend symbols. The status of monumentation is undetermined, and other legend items are not shown on the plat. b. Show and dimension parking spaces. State the total acreage of the lot to nearest 0.001 acre. c. Note number 6 needs to be revised to read "all easements of record as indicated on title policy no. _ , dated , are shown hereon." ( d. A sidewalk was required to be constructed prior to certificate of occupancy but is not shown on the plat. e. The surveyor's certificate or note on the plat must state that the survey "balances and closes within a limit of 1: 10,000." 2. Water DeBartment and ASBen Consolidated Sanitation District - They have no concerns because the duplex was constructed with separate water and sanitary sewer services. 3. Sidewalk. Curb and Gutter Al!:reement - The plat indicates that sidewalk, curb and gutter were not constructed along the complete frontage on Spruce Street. A signed sidewalk, curb and gutter agreement with recording fees for the remainder must be provided with the condominium mylars. Co.lDept. co. M97.150 Post-it" Fax Note To 7671 Dale From #01 Ill- pages , Phone # phone # Fax' Fax' ;-1_) W f"'""\ t""" BROOKE A. PETERSON GIDEON I. KAUFMAN" LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 926-1090 HAL S. D1SHLER .. OF COUNSEL: ERIN L. FERNANDEZ"* . ALSO ADMI'liED IN MARYLAND - ALSO ADMITTED IN TEXAS - ALSO ADMmeD IN FLORIDA VIA HAND DELIVERY November 3, 1997 Chris Bendon, Planner Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Condominiumization of The Spruce Place Townhomes Dear Chris: Please allow this letter to serve as the letter required by the City of Aspen Pre-Application Conference Summary for the condominiumization of The Spruce Place Townhomes. This request is made to condominiumize a new duplex constructed on this property by my client, McKerrow & Rutgers, LLC, a Colorado limited liability company. The project has been completed in accordance with the building permits issued by the City of Aspen, and you will find enclosed herewith the proposed Condominium Plat as prepared by Carl R. Carmichael, Professional Land Surveyor. I believe this application conforms with the requirements of Sections 26.88.070 in that the common procedures' requests have been met by the enclosures herewith, and that the proposed Condominium Plat meets the requirements of Subsection 1(b) of Section 26.88.070. A duplex is an allowed use in the zone district for this property, and the condominium form of ownership is a legal form of ownership in the State of Colorado. With respect to the ownership of this property, the undersigned, as an attorney licensed to practice law in the State of Colorado, hereby certifies that the owner ofthe property is McKerrow & Rutgers, LLC, and that the following Deeds of Trust affect the subject property: 1. Deed of Trust recorded in Book 771 at Page 171 for the benefit of Ella Skufca. The other easements and agreements which affect the property are as follows: 1. Special Review Plat for Separation of Substandard Lots recorded September 12, 1979 in Plat Book 8 at Page 39. ~ .-., Chris Bendon November 3, 1997 Page 2 2. Easements granted to Aspen Metropolitan Sanitation District as set forth in Book 258 at Page 238, in Book 258 at Page 433, and in Book 564 at Page 777. 3. Terms and conditions of Resolution No. 79-101 granting special review approval for separate development of Lots 13-14 and Lots 15-16, Williams Addition, which resolution is recorded in Book 375 at Page 159. 4. Terms and conditions of Ordinance No. 57, Series of 1988, which ordinance annexes the Williams Addition to the City of Aspen recorded in Book 585 at Page 330. You will also find enclosed the following documents: I. City of Aspen Pre-Application Conference Summary. 2. Land Use Application Form. 3. Aspen/Pitkin County Community Development Department Agreement for Payment of City of Aspen Development Application Fees. 4. Authorization Letter from McKerrow & Rutgers, LLc. Lastly, you will find enclosed all of the other application materials and a check enclosed in the amount of Three Hundred Fifty-Five and 00/100 Dollars ($355.00) for the application fee. Should you require any additional information, please do not hesitate to contact the undersigned. Thank you very much for your time and attention to this application. Yours very truly, BAP/ljk Enclosures cc: McKerrow & Rutgers, LLC (via facsimile) letters\bendon2 1"""-. , ,~ LAND USE ApPLICA Tlt... PROJECT: Name: The Spruce Place Townhomes Location: Lots 13, 14, 15, 16, Williams Addition (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: Name: Address: Phone #: McKerrow & Rutgers, LLC, a Colorado limited liability company c/o Brooke A. Peterson, Esq., Kaufman & Peterson, P.C., 315 E. Hyman, 970-925-8166 Aspen-, vu OLOLl REPRESENTATIVE: Name: Address: Phone #: Brooke A. Peterson, Esq. Kaufman & Peterson, P.C., 315 E. Hyman, Aspen, CO 81611 970-925-8166 TYPE OF'ApPLlCATION: (please check all that apply): 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Fioal Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Fioal SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream IKJ Subdivision Exemption (iocludes 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 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Newly constructed duplex in accordance with building permit. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Subdivision exemption for condominiumization of newly constructed duplex. Have you attached the following? o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents o Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application FEES DUE: $ ~q&J- I"""" -. , ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (please Print Clearly) CITY OF ASPEN (hereinafter CITY) and McKerrow & Rutgers, LLC, a Colorado limited liability (hereinafter APPLICANT) AGREE AS FOLLOWS: company 1. APPLICANT has subrnittedto CITY an application for subdivision exemption for condominiumization of The Spruce Place Townho:'t1i~reinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of Its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN s~ APPLICANT McKERROW & RUTGERS, LLC, 'a Colorado Limited Liabilit Signature:By: Date: An I' Manager Community Development Director City of Aspen Printed Name: Mailing Address: Anthony L. Rutgers c/o tlrOOKe A. Yeterson, ~sq. Kaufman & Peterson. P.C. 315 E. Hgman Avenue Asnen. C 81611 f"'""\ ,-, ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Subdivision Exemption for condominiumization of the Spruce Place Applicant: McKerrow & Rutgers, LLC, a Colorado limited liability companyownhomes Location: Lots 13, 14, 15, 16, Williams Addition Zone District: Lot Size: N/A Lot Area: N / A (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: Existing: N/A Proposed: 2 Proposed: /unitl'roposed: 2 /unit 'Proposed % of demolition (Historic properties only): N/ A DIMENSIONS: Floor Area: Existing: Allowable: Principal bldg. height: Existing: Allowable: Access. bldg. height: Existing: Allowable: On-Site parking: Existing: Required: % Site coverage: Existing: Required: % Open Space: Existing: Required: Front Setback: Existing: Required: Rear Setback: Existing: Required: Combined FIR: Existing: Required: Side Setback: Existing: Required: Side Setback: Existing: Required: Combined Sides: Existing: Required: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Proposed: Existing non-conformities or encroachments: N / A Variations requested: . N/ A f"'""\ t""". VIA HAND DELIVERY October 13, 1997 The City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Authorization Gentlemen: The undersigned, McKerrow & Rutgers, LLC, a Colorado limited liability company, whose address is c/o Kaufinan & Peterson, P.C., 315 East Hyman Avenue, Aspen, Colorado 81611, as applicant for subdivision exemption for approval of the condominiumization of The Spruce Place Townhomes, located upon Lots 13, 14, 15, 16, Williams Addition, hereby authorize Brooke A. Peterson, Esq. and the firm ofKaufinan & Peterson, P.c., 315 East Hyman Avenue, Aspen, Colorado 81611, (925-8166), to act upon its behalf with respect to said application. Yours very truly, McKERROW & RUTGERS, LLC, A Colorado Limited Liability Company By.A,~~ An o.ye. ~', ~-"-~ lctteis\city .auth2 <S> '" :=JJ ! ~., VICINITY MAp' -. ",,~ I'IUtJ I;;) IIIV surveyor unless it Documents prepar preliminary and all \ SUI I, Ca ofthl cont, was supel horize encro land l ArticlE Carl Ii Title CONDOMINIU~ ,-. .1""""\ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5 072 DATE: 10.8.97 PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Condominiumization - The Spruce Place Townhomes Brooke A. Peterson, Esq. McKerrow & Rutgers, LLC, a Colorado limited liability company Subdivision exemption for Condominiumization Lots 13, 14, 15 and 16, Williams Addition Land Use Code Section(s) 26.88.070 Condominiumization 26.52 Development Review Procedures 26.52.030 Application and Fees Review by:. Staff for complete application, referral agencies for technical considerations, Community Development Director for final approval. No. Engineering (DRC) Planning Flat Fee $245 Engineering, minor ($110); $355 Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information: I. Total deposit for review of the application 2. Signed fee agreement 3. Proof of ownership 4. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 5. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 6. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 7. Old (existing) plat. (from City Engineering or County Recorder) 8. Proposed plat from a registered land surveyor. 9. Copies of prior approvals (from City Clerk) 10. J-Copies of the complete application packet (items 3-9) Process: Apply. Planner reviews case for completeness and sends to Engineering. 2-3 weeks later planner will contact applicant with the suggestions from Engineering for preparation of the Final Plat. The applicant's surveyor makes those changes and brings in 2 reproducible mylar copies to the planner. Planner reviews plat for consistency with Engineering suggestions and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Applicant then can record the final plat at the County Clerk and Recorder (fee).