HomeMy WebLinkAboutcoa.lu.co.925 E Durant Ave.A27A-89
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CASELO.AD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 4/11/89
DATE COMPLETE: I->.\,....\~'\
APPLICANT: STP Associates c/o Richard stanzione
App1icant Address: P. O. Box 417 Toms River. NY 08753
REPRESENTATIVE:Rick Knezevich. Oates. Huqhes & Knezevich
Representative Address/Phone: 533 East HODkins Ave.
ASDen. CO 81611 0-1700
PAID: YES NO AMOUNT: $780.00 NO. OF COPIES RECEIVED: 4
TYPE OF APPLICATION:
1 STEP:
2 STEP:
P&ZMeeting Date
PUBLIC HEARING: YES
NO
VESTED RIGHTS:
YES
NO
@~~
NO
CC Meeting Date """''\ ~d
PUBLIC HEARING: YES
VESTED RIGHTS:
YES
P1anning Director Approva1:
Insubstantia1 Amendment or Exemption:
Paid:
Date:
REFERRALS:
City Attorney
v/- City Engineer
Housing Dir.
Aspen Water
City E1ectric
Envir. H1th.
Aspen Conso1.
S.D.
Schoo1 District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Mtn. Be11
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
Other
t..j //3/ 8<J
INITIALS:
I!JA-
DATE REFERRED:
FINAL ROUTING: DATE ROUTED: s-;;2~;/3"r INITIAL: ,(!)d
~ity Atty ~City Engineer ___ Zoning
___ Housing Other:
Env. Hea1th
FILE STATUS AND LOCATION:
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On May 22, 1989 the city council approved the condominiumization
for 925 East Durant with the following conditions:
1. Applicant shall, prior to recording the amendment to the
plat, submit a statement of subdivision exemption in a form
acceptable to the City Attorney stating that the four units shall
be deed restricted to six month minimum leases, with no more than
two (2) shorter tenancies per year.
2. To extent not superseded herein all conditions of Final plat
shall remain in effect.
3. The referenced plat previously referred to (recorded at Book
13, Page 29) has been vacated. Vacation of the previous plat
shall be reflected in a general note on the new plat. Note must
also be made that the current plat is the first amendment of the
plat filed at Book 21, Pages 27 and 28. The plat must be titled
"1st Amended Plat of 925 East Durant...
4. The required final plat sUbmission shall indicate locations
of drywells or other drainage features.
5. A surveyor I s certificate shall be required indicating that
all easements of record indicated on title policy no,
dated , to be shown on the plat.
6. A mortgage certificate is required for the plat.
durant/ljl
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Assistant City Engineer (2~
Date: May 17, 1989
Re: 925 E. Durant Condominiumization
This memo is written in order to provide additional comments
concerning the above referenced application:
1. Examination of the records has shown that there are some
apparent discrepancies in the existing platting. The plat
recorded at Book 21, Pages 27 and 28 indicates that the project
is a condominium. At the time of recording of that plat,
condominiumization had neither been applied for nor approved. It
is only through the present application that condominiumization
is being sought. /
2. Another item should be reiterated from previous review
memoranda and comments. Please refer to the Engineering Depart-
ment memo of January 7, 1988, item II.b. Prior to issuance of a
certificate of occupancy, the applicant is still required to
either complete the promised off-site improvements in the public
right-of-way, which were promised for June of 1989, or to provide
a bond for the improvements to the Engineering Department.
cc: Robert Gish
memo_89.41
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MEMORANDUM
To: Leslie La~ont, Planning Office
From: Chuck Roth, Assistant City Engineer C?~
Date: May 16, 1989
Re: 925 E. Durant Condominiumization
Having reviewed the above referenced application, the Engineering
Department has the following comments:
1. It appears from the records that final plat was approved by
City Council on June 27, 1988. A copy of your office's memo to
File of August 17, 1988, and our office's memo to your office of
June 19, 1988 are attached.
2. The referenced plat previously referred to (recorded at Book
13, Page 29) has been abandoned. This should be reflected in a
general note on the new plat. Note must also be made that the
current plat is the first amendment of the plat filed at Book 21,
Pages 27 and 28. The plat must be titled "1st Amended Plat of
925 East Durant."
3. The Engineering Departm~nt has received documentation for
storm runoff design. The final plat shall indicate locations of
drywells or other drainage features.
,
4. The.surveyor's certificate must indicate
of record indicated on title policy no.
have been shown on the plat.
that all easements
, dated
,
5. A mortgage certificate is suggested for the plat. Title
companies have required them recently.
cc: Robert Gish
memo_89.32
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
April 13, 1989
Rick Knezevich
oates, Hughes & Knezevich
533 East Hopkins Avenue
Aspen, Colorado 81611
RE: 925 East Durant Condominiumization
Dear Rick,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
.,
We have scheduled your application for review by the city Council
on Monday, May 22, 1989 at a meeting to begin at 5:00 P.M. The
Friday before the meeting date, we will call to inform you that a
copy of the memo pertaining to your application is available at
the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
sincerely,
~~~
Debbie Skehan
Administrative Assistant
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MEMORANDUM
FROM:
City Engineer
Leslie Lamont, Planning Office
925 East Durant Condominiun1.l,zation
TO:
RE:
DATE:
April 13, 1989
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Attached for your review and comments is an application submitted
by Rick Knezevich on behalf of his client, STP Associates,
requesting subdivision Exemption approval for
condominiumization.
Please review this material and ret' rn your comments no later
than May 10, 1989 so that I have tL to prepare a memo for .the
city council.
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Thank you.
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LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR. ASPEN PLAZA BUILDING
5.33 EAST HOPKINS AVENUE
LEONARD M.OATES
ROBERT W. HUGHES
RICHARO A. KNEZEVICH
ASPEN. COLORADO 8161'
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
April 10, 1989
JOHN Nt, EL Y
Thomas M. Baker
Aspen/Pitkin County
Planning Office
130 South Galena
Aspen, Colorado 81611
APR "
Re: STP Associates, 925 East Durant project
Dear Tom:
On behalf of our client, STP Associates, application is
hereby made for the condominiumization of an existing develop-
ment. The existing development was constructed pursuant to a
residential Growth Management Plan allocation approved by the
Aspen City Council on March 14, 1988, Resolution No. 8-88, a copy
of which is attached hereto.
In connection with such application, we hereby submit
the following documentation and information:
1. Completed Land Use Application Form,
2. Applicant's name and address:
STP Associates, a New Jersey partnership
c/o Richard Stanzione
Post Office Box 417
Toms River New Jersey 08753
3. Applicant's phone number:
(201) 240-1234
4. Name and address of Applicant's Authorized Rep-
resentative:
Richard A. Knezevich, Esq.
Oates, Hughes & Knezevich, P.C.
533 East Hopkins
Aspen, Colorado 81611
5. Phone number of Applicant's Authorized Representa-
tive:
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OATES, HUGHES & KNEZEVICH, P. C.
Thomas M. Baker
April 10, 1989
Page 2
(303) 920-1700
6. Attached is a letter from Applicant confirming the
appointment of the authorized representative.
7. The street address
Durant Street, Aspen, Colorado.
property is:
of the property is 925 East
The legal description of the
Lots F, G, H, and I
Block 119
City and Townsite of Aspen
8. Attached is a disclosure of the property, consist-
ing of a current certificate from Pitkin County Title Company,
listing the name of the owner of the property, and all mortgages,
judgments, liens, easements, contracts, and agreements affecting
the property.
9. Attached is an 8;' x 11" vicinity map locating the
property within the City of Aspen.
10. An improvement survey and condominium map is
currently being prepared and will be submitted prior to the final
approval.
11. The condominium units are currently being con-
structed and have not been occupied. Consequently, there have
been no tenants on the property. Therefore, no notices need be
provided in regard to the rights of first refusal as required by
Section 7-l008(A) (1) (a) of the Aspen City Code.
12. Upon approval of the condominiumization, all of
the condominium units will be deed restricted by the following
rental restriction:
"Rental of any condominium unit shall be restrict-
ed to six (6) month minimum leases; with no more than
two (2) shorter tenancies per year."
13. The proposed condominiumization will have no
adverse impact on affordable housing. Pursuant to the terms of
its Growth Management Allocation, Applicant has made a cash-in-
lieu of employee housing payment in the amount of $226,000.00.
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OATES, HUGHES &: KNEZEVICH, P. C.
Thomas M. Baker
April 10, 1989
Page 3
14. The buildings proposed for condominiumization have
been inspected by the City of Aspen Building Department through-
out the various phases of construction.
15. Check No. 25946 drawn on the account of Oates,
Hughes & Knezevich, P.C., in the amount of $780.00 in payment of
the application fee and engineering fee.
The following information should provide you with all
of the information that you need to process the application. In
the event that you need further information or have any questions
concerning the application, please feel free to contact me.
Sincerely,
OATES
GHES & KNEZEVICH, P.C.
RAK/pjo
zevich
Enclosures
cc: Richard Stanzione
10,63
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@Vyersptle
Insurance @poration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 01/03/89 AT 8:00 A.M,
Case No. PCT-2950
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: EDWARD C. LEVY, JR.,
Amount $ 950,000.00
Premium $ 1,293.30
and JULIE LEVY
(b)ALTA 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:
S T P ASSOCIATES, A NEW JERSEY GENERAL PARTNERSHIP
4. The land referred to in this Commitment is described as follows:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E, HOPKINS
ASPEN, CO. 81611
303-925-1766
Schedule A-PG.l
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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~w~THle
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
LEGAL DESCRIPTION
To Be Insured:
CONDOMINIUM UNIT 2, 925 EAST DURANT TOWNHOMES CONDOMINIUMS, According
to the Condominium Map thereof, recorded , 1989 in Plat
Book at Page ; and as defined and described in the
Condominium Declaration for 925 East Durant Townhomes Condominiums,
recorded , 1989 in Book at Page
COUNTY OF PITKIN,
STATE OF COLORADO
Leaal Currentlv:
LOTS, F, G, H, AND I, BLOCK 119, CITY AND TOWNSITE OF ASPEN.
COUNTY OF PITKIN,
STATE OF COLORADO
This commitment is invalid unless
the, Insuring Provisions and Schedules
A and B are attached.
Schedule A-Section 1 PG. 2
Commitment No. PCT-2950
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@,wyersl1tle
Insurance @Poration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
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.
Deed,
From
To
executed by the partners,
: S T P Associates, A New Jersey General Partnership
: Edward C. Levy and Julie Levy
2. Partial Release by the Public Trustee of;
Deed of Trust from : S T P Development, A Colorado General
Partnership
To the Public Trustee of the County of Pitkin
For the use of Aspen Savings and Loan Association
To secure : $400,000.00
Dated August 31, 1987
Recorded september 1, 1987 in Book 554 at Page 971
Reception No. 292439
3. Trade Name Affidavit of S T P Associates, A New Jersey General
Partnership, recorded September 1, 1987, in Book 544 at Page 968,
discloses that the following persons are doing business under said
name:
Alphonse A. Stanzione, Jr.
Richard D. Stanzione
John Tedesco
and
William Pauley
4. Good and Sufficient Condominium Plat, duly executed by the
Developers and The City of Aspen, and recorded in the Office of the
Pitkin County Clerk and Recorder.
5, Good and Sufficient Condominium Declaration, duly executed, and
approved and recorded in the Office of the Pitkin county Clerk and
Recorder,
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Continuecl
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~wyers1itle
Insurance @rPoration
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
6. Good and Sufficient Indemnification Agreement executed by the
Sellers and the General Contractor, delivered to and approved by
Pitkin County Title, Inc.
8. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) has been
paid or exempted,
9. Certificate of Nonforeign Status of Transferor signed by a Partner
of S T P Associates, A New Jersey General Partnership.
'"
This., commi tment is invalid unless
the, Insuring Provisfons and Schedules
A arid &'are attached.
Schedule B-Section 1 PG.2
Commitment No. PCT-2950
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~wyerslitle
Insurance @Poration
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
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,
encroachments, and 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 contained in the Deed from The City
of Aspen 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 and subject to all the
conditions, limitations and restrictions contained in Section 2386
of the Revised Statutes of the United States, recorded 3anuary 17,
1888 in Book 59 at Page 297 and recorded 3une 6, 1891 in Book 79 at
Page 34.
8. Mineral and mineral rights as conveyed in Deeds recorded 3une 10,
1891 in Book 98 at Page 497 September 9, 1891 in Book 105 at Page
129 December 30, 1892 in Book 106 at Page 482.
9. Terms, conditions, restrictions and reservations as set forth in
Subdivision Improvements Agreement recorded in Book 572 at Page
701.
10. Easements, rights of way and other matters as set forth in
Plat recorded , 1989 in Plat Book ____ at Page
.
Continued
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~wyers]tle
Insurance @rPoration
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
11.
Terms. conditions. restrictions. reservations and
as set forth in Condominium Declaration recorded
in Book ____ at Page ____.
obligations
. 1989
This commitment is invalid unless
the. Insuring Provisions and Schedules
A andB are attached.
Schedule B-Section 2 PG.2
Commitment No.PCT-2950
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Form 100i.:fth-o'fn"U:S~;;
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Insurance @Poration
NATIONAL HEADQUARTERS
RICHMONO, VIRGINIA
SCHEDULE a-SECTION 2
CONTINUED
Exceptions numbered NONE
are hereby omitted.
The owner's/Mortgage 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 a-Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights, claims or
title to water.
This commitment is ii'ival1d unless
the Insuring Provisions and Schedules
A and B are attached,
Schedule a-Section 2
Commitment No.PCT-2950
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Insurance @pOration
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NATIONAL HEADOUARTERS
RICHMO!llD. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title ir:surance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the Jand
describeq or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and 8 and to the Conditions and Stipulations hereof.
ThisCommitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs,provided that the failure to issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed. to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its 8y~Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument,
2. If the proposed Insured has or acquires acttlal knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or int'erest or mortgage thereon cove'red by this Commitment other than those shown in
Schedule 8 hereof, and shall failto disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by'failure to so disclose such knowledge, If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claimorbther
matter, the Company at its option may amend Schedule 8 of this Commitment accordingly, but such amendment shall
not relieve the Company from liability -previously incurred pursuant to paragraph 3 of these Conditions and
Stipula'tions,
3, Liability of the Company under this Commitment shall be only to the named prop,osed Insured and such parties
included under the definition of Insured in the form .of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or{b) to eliminate
exceptionssho~n in Schedule 8, or(c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies'
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the Jitle to the estate or interest or the status oithe mortgage thereon c~vered by this
Commitment must be based on and are'subject to the provisions of this'Commitment.
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MEMORANDUM
TO: File
FROM: Cindy M. H'.Juben, Planning Office
RE: 9"~ E. Durant
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DATE: August 17, 1988
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City Council approved final plat with conditions on June 27,
1988.
1) The Subdivision Improvements Agreement shall include the
commitment that the 925 E. Durant pro~Gct shall joil, any
future improvement district if one is formed for their area.
2) The final Plat shall include the following:
a. Indication that the survey was completed within the
last twelve months.
b. The surveyors certificate shall state that the survey
was preformed in accordance with CRS 1973, Title 38,
Article 51.
c. The plat shall contain a note referring to the previous
platting of the property, which is recorded in Book 13,
Page 29. The plat shall' provide a clear indication on
the first sheet, that drawings show proposed
improvements.
d. The zone district shall be indicated on the plat.
e. The GCE and LeE's shall be more clearly defined on the
plat.
f.
A 4' X 4'utility easement at the southwest corner of
the property shall be provided for a utility pedestal
for telephone, television or electric use.
/
g. The applicant shall submit a letter to the Engineering
Department from a registered engineer which states that
historic site runoff will be maintained.
h. An updated title commitment shall be provided to the
Engineering Department.
i. The plat shall contain a title certificate.
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j. After construction is completed a plat shall be file~
by the applicaclts which confirms the locations c=
imP:rovelllC'Ol1ts;, as constructed. The as-built plat mc:s:c
showutiJ.ity met.....'r loco-dons.
An additional request is that the landscape plan show utili:::,
polls to be relocat,,,d by Holy Croc;s Electric.
Wayne Ethridge, the appLcant's' representative, brought in -:::-_e
Final Plat documents. '-he Subdivision Imp!:ovements agree);",,:.-:-.-::
has been signed, as of today, by the City Attorney. ~.__
signature of this document and t:he plat documents are pendi:-:g
Engineering DepartJ:lent final approval as of August, 1988. T:-.8
applicant is aware of the corrections required by the Engineeri~g
Department and will be resubmitting those documents as soon as
possible. I sent the original copy of the :3ubdivisic:-1
Improvements Agree::oent (8/17/88), to Kathryn ,;:och, ir, the Cl.2;:-;:
Office for signature and recordation.
.BEsr COPy
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MEMORANDUM
TO:
Aspen City Council
FROM:
Robert S. Anderson, Jr. ,City Manager
Cindy Houben, Planning Office ~
925 East Durant - Final Plat
THRU:
RE:
DATE:
June 27, 1988
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SUMMARY: The Planning Office is recommending approval of the
Final Plat for 9i5 East Durant.
PREVIOUS PLANNING COMMISSION AND COUNCIL ACTION: The Planning
commission approved the 925 E. Durant Preliminary Plat with the
following conditions:
I} A detailed storm drainage plan to the satisfaction of the
city Engineer.
2)
site/landscape plan showing site improvements described in
the 925 E. Durant Townhomes GMP application, including but
not limited to vegetation to be planted, irrigation system,
pedestrian areas, bike rack, low-level s~dewalk lighting,
easement for transformer or switchgear on applicant's
property, and plans for undergrounding utilities on site and
relocating utilities in the alley.
3) A statement of subdivision exception and improvements
agreement shall be submitted as part of final plat.
Included in this document shall be a development schedule
and appropriate financial guarantee for all site
improvements and off-site improvements described in the 925
E. Durant Townhomes GMP application including but not
limited to sidewalk, landscaping and bicycle rack. Also
included shall be agreement to join any future improvement
district formed that encompasses this property.
Subsequently, on March 14,1988 the city Council allocated four
units to this project via Resolution No.8 (series of 1988).
PROBLEM DISCUSSION: In
Department, dated June 19,
concerns:
a memorandum from the Engineering
1988 Chuck Roth notes the following
1) We have received a letter from an engineer concerning storm
run-off design details. The letter is very brief and does
2)
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not state that the design conforms with the parameters of
the Engineering Department memo of January 14, 1988, item 1,
and it does not appear that the design conforms with the
requirements. The Engineering Department must have a letter
from a registered engineer which states that the historic
site run-off will be maintained.
The plat does not indicate the date of the survey, which
must be within the past twelve months.
3)
The surveyor's certificate must state that the survey was
performed in accordance with CRS 1973, Title 38, Article 51.
The title commitment is now over one year old. An updated
commitment must be provided to ensure that no easements or
other interests have been conveyed in the interim. The plat
must contain a title certificate.
4)
5)
The plat must contain a note referring to the previous
platting of the property, which is recorded at Book 13, Page
29. Please provide a clearer indication on the first sheet,
such as a subtitle in large (half inch or taller) letters
which indicates that the drawing .shows proposed
improvements.
6)
This plat is a pre-construction plat. When construction has
been completed, an amended plat must be filed which confirms
the locations of improvements as constructed. The as-built
plat must show utility meter locations.
Please note that comment 11.b of our memo or January 7, 1988
is sketchy and that the full requirements for site"
improvements and bonding are enumerated in section 20-16(a)
through (d). Pending the assessment of the city Attorney,
some of this section might need to be incorporated into the
subdivision exemption agreement. The subdivision exemption
agreement must also include current language concerning
improvement districts for construction of improvements in
the public right-of-way. This reviewer is still unclear
concerning the method for acquisition of any water rights
potentially owned by land use applicants. Does this
applicant and property have water rights which should be
acquired at this time? "
The zone district must be indicated on the plat.
The limits of the GCE's and LCE's are not clear. Also, as
indicated on the plat, there are different driveway widths
and areas for different units. Is this as intended?
If there is no three dimensional SUbdivision of space
occurring, elevations of ceilings and floors are not needed.
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All elements of the two dimensional subdivision must be
dimensioned on the final plat. It appears that there may be
some three dimensional subdividing occurring because of the
configuration of the decks.
11) The Engineering Department acknowledges the 7' x 7' utility
easement at the southeast corner of the parcel and add
additionally requests 4' x 4' utility easement at the
southwest corner for a utility pedestal for telephone,
television or electric use.
STAFF COMMENTS: The Planning Office is satisfied that all
planning conditions have been adequately addressed for final
(plat with the exception that the improvements agreement did not
commit to joining a future improvement district.
RECOMMENDED MOTION: The Planning Office recommends that the City
Council approve the Final Plat for 925 E. Durant with the
following motion:
/1)
"Move to grant final plat approval to 925 E. Durant, subject
to the following conditions:
The Subdivision Improvements Agreement shall include the
commitment that the 925 E. Durant project shall join any
future improvement district if one is formed for their area.
2)
The final Plat shall include the following:
a. Indication that the survey was completed within the
last twelve months.
b.' The surveyors certificate shall state that the survey
was preformed in accordance with CRS 1973, Title 38,
Article 51.
c. The plat shall contain a note referring to the previous
platting of the property, which is recorded in Book 13,
Page 29. The plat shall provide a clear indication on
the first sheet, that drawings show proposed
improvements.
d. The zone district shall be indicated on the plat.
e. The GCE and LCE's shall be more clearly defined on the
plat.
f. A 4' x 4 I utili ty easement at the southwest corner of
the property shall be provided for a utility pedestal
for telephone, television or electric use.
g. The applicant shall submit a letter to the Engineering
3
".....,
,-.,
Department from a registered engineer which states that
historic site runoff will be maintained.
h. An updated title commitment shall be provided to the
Engineering Department.
i. The plat shall contain a title certificate.
j. After construction is completed a plat shall be filed
by the applicants which confirms the locations of
improvements as constructed. The as-built plat must
show utility meter locations.
CITY MANAGER'S COMMENTS:
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MEMORANDUM
To: Cindy M. Houben, Planning Offi~e
From: Chuck Roth, Assistant City Engineer C!:K.-
Date: June 19, 1988
Re: 925 E. Dllr....~t - Final Plat
Having reviewed the above referenced application, the Engineering
Department has the following comments:
1. We have received a letter from an engineer concerning storm
runoff design details. The letter is very brief and does not
state that the design conforms with the parameters of the
Engineering Department memo of January 14, 1988, item 1, and it
does not appear that the design conforms with the requirements.
The Engineering Department must have a letter from a registered
engineer which states that the historic site runoff will be
maintained.
2. The plat doe-s not indicate the date of the survey, which must
be within the past twelve months.
3. The surveyor's certificate must state that the survey was
performed in acc.ordance with CRS 1973, Title 38, Article 51.
4. The title commitment is now over one year
commitment must be provided to ensure that no
interests have been conveyed in the interim.
contain a title certificate.
old. An updated
easements or other
The plat must
5. The plat must contain a note referring to the previous
2( I platting of the property, which is recorded at Book 13, Page 29.
(12-1,"23 Please provide a clearer indication on the first sheet, such as a
subtitle in large (half inch or taller) letters which indicates
that the drawing shows proposed improvements.
6. This plat is a pre-construction plat. When construction has
been completed, an amended plat must be filed which confirms the
locations of improvements as constructed. The as-built plat must
show utility meter locations.
7. Please note that comment ll.b of our memo of January 7, 1988
is sketchy and that the full requirements for site improvements
f""",
,-.,
and bonding are enumerated in Section 20-16 (a) through (d).
Pending the assessment of the city attorney, sO.me of this section
might, need to be incorporated into the subdivision exemption
agreement. The subdivision exemption agreement must also include
current language concerning improvement districts for construc-
tion of improvements in the public right-of-way. This reviewer
is still unclear concerning the method for acquisition of any
water rights potentially owned by land use applicants. Does this
applicant and property have water rights which should be acquired
at this time?
8. The zone district must be indicated on the plat.
9. The limits of .the GCE's and LCE's are not clear. Also, as
indicated on the plat, there are different driveway widths and
areas for different units. Is this as intended?
10. If there "is no three dimensional subdivision of space
occurring, elevations of ceilings and floors are not needed. All
elements of the two dimensional subdivision must be dimensioned
on the final plat. It appears that there may be some three
dimensional subdividing occurring because of the configuration of
the decks.
11. The Engineering Department acknowledges the 7'x7' utility
easement at the southeast corner of the parcel and additionally
requests a 4'x4' utility easement at the southwest corner for a
utility pedestal for telephone, television or electric use.
cc: Jay Hammond
City Attorney (item 7)
CR/cr/memo_88.S3
MEMORANDUM
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Re: 925 E. Durant Townhomes Residential GMP Submission
Having reviewed the above referenced application, and having made
a site inspection, the Engineering Department has the following
comments:
1. Water Service - 1 point - Existing water main can supply
project. No improvements needed - no improvements offered. It
would have been desirable to have seen in the application a
letter from the water department concerning the project.
2. Sewer Service - 1 point - Existing sewer lines can accommo-
date the project. No improvements needed - none offered. It
would have been desirable to have seen in the application a
letter from the Sanitation District concerning the project.
3. Storm Drainage - 1 point - The Code requirement is that the
applicant maintain the historic site storm water runoff for the
100--yearevent. An applicant may not permit more storm runoff to
leave a site and flow onto pUblic rights-of-way, nor may an
applicant retain all storm runoff on a site which might result in
over-charging the groundwater aquifer and possibly adversely
affect adjacent property owners. The storm drainage features
must be designed by a registered engineer and approved by the
City Engineer.
4. Parking Design - 2 points - The parking for residences is in
enclosed garages. The applicant states that guests may park on
heated concrete pads which will reduce the need for parking on
the streets. Additionally, the design of the project is such
that the allowable curb cut(s) on Durant Street are not utilized
which would further reduce parking on that street.
5. Roads - 2 points - By providing access to the project site
from the alley, the traffic on the frontage street will not be
adversely affected.
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6. Site Design - 3 points - Underground utilities are required
and cannot be considered as an element of an excellent ite
design. "The arrangement of improvements for efficiency of
circulation and increased safety and privacy" appears to indicate
an excellent design.
7. Trails - 3 points - By Resolution No. 19 (Series of 1975),
the applicant is required to construct a sidewalk when performing
new construction. This would also be required by the subdivision
exemption process. However the landscaping, lighting and bike
rack are improvements which are not required.
8. Proximity to public transportation - 3 points - Project is
located less than two (2) blocks walking distance of existing bus
route.
9. Proximity to community commercial facilities - 2 points -
Project is located 612 feet from commercial core.
10. Bonus points - The project could receive bonus points for
its parking conditions. As discussed in item 4 above, not only
is parking provided in garages for residents, but parking on
heated driveway slabs will be provided for guests, which will,
reduce pressures for on-street parking", Also, with the alley
access, the applicant has not utilized its <entitlement of curb
cuts and has thereby preserved additional parking spaces which
could have been lost on the frontage street.
other projects have received a second point because the parking
was buried. It must be pointed out that some projects were
"forced" to bury the parking in order to meet height and open
space restrictions. The community received no benefit of a
"shorter" or less bulky<project because of buried parking. This
applicant should therefore perhaps receive one bonus point for
parking because it provides parking for guests.
It appears to be burdensome to award the same number of points in
item 9 above as an applicant whose project would be 1,500 feet
away from the commercial core. If one assesses the ratios of
distances and points, it would be appropriate to award the
applicant (1,000 feet less 112 feet divided by 1,000 feet) times
one point which,is a bonus award of 0.9 points for its proximity
to the commercial core.
11. Additional comments -
a. This application was not referred to the Parks Department.
The Parks Department must be consulted for approval of any trees
planted in the public right-of-way. It is this reviewer's
understanding that the cottonless variety of cottonwood tree is
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preferred if not mandatory. Also, any trees planted in the
right-of-way must be pruned up to a height of seven feet above
any sidewalk in order for pedestrians to be able to pass under-
neath.
--::::>
b. The applicant has stated that the project will be completed
and occupied by December of 1988 but that landscaping will not be
accomplished until June of 1989. As a condition of approval,
prior to receiving a certificate of occupancy for the buildings,
the applicant shall be required to provide bonding to the
Engilleering"R~partllle,n"t for improvements promised to be construc-
Ted" tl'r"t1ie<puoTlC"-r igfit-of-way.
'. ,_,,_T-h-i-s--reviewer is concerned about the public losing other benefits
from promises made through the GMP process. We have seen other
projects which have managed to come to fruition without providing
amenities for which scoring was received. Can, or should, the
city require bonding for promised improvements which are on
private property and which have not been completed at the time a
certificate of occupancy is requested?
c. As a condition of approval for the subdivision exemption
process, the applicant ""ill be required to provide an easement on
their property for the, transformer or switchgear shown in "the
application. utility 'relocations which are required for the
convenience of projects are required to be paid for by the
project. 'U /iSt WW';'.Lf' f/'-'~~'(; ~ V/&;
d. Please note that bicycle racks must be designed and placed
such that their use does not obstruct the required five foot wide
sidewalk.
cc: Jay Hammond, City Engineer
CR/cr/caseload.20
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STP ASSOCIATES
c/o Richard Stanzione
Post Office Box 417
Toms River, New Jersey 08753
Telephone No. (201) 240-1234
Richard A. Knezevich, Esq.
Oates, Hughes & Knezevich, P.C.
533 East Hopkins
Aspen, Colorado 81611
Telephone No. (303) 920-1700
Re: 925 East Durant
Dear Rick:
This letter is to confirm that you are hereby appoint-
ed STP Associates' representative for the purpose of processing
all land use applications concerning the 925 East Durant proper-
ty with the City of Aspen.
STP ASSOCIATES, a New Jersey
partnership
B
anz~one
Partner
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moD\OIMENl" 1
L'\ND USE l\l'PLIO\TICN FOl;::.\
1)
P=jC<.."'t N=
Durant Mews Condominiums
2) l~jC<.."'t Location 925 East Durant, Aspen, Colorado
Lots F, G, H, and I, Block 119, City and Townsite of Aspen
(in:iicate street address, lot & bl=.'< I1UIIlber, legal description ..'he...re
apprcpriate)
3)
Present Zoning RMF
4) Lot Size D .000
5) Applicant's Name, Address & Phone * STP Associates, a general partnership
c/o Richard Stanzione, 200 Main Street, Toms River, New Jersey 08753
6)
Representative's Name, Address & Fhone 11
Richard A.'Knezevich, Oates. Hughes
& Knezevich, P.C., 533 East Hopkins, Aspen, Colorado 81611
7) Type of Application (please check all that apply) :
Corrlitional Use Conceptual SPA
Special Review Final SPA
8040 Greenline Conceptual' roo
,
stream Margin Final roo
Conceptual Historic Dev.
Final Historic Dev.
Minor Historic Dev.
Historic Demolition
_ }buntain yiew Plane _ Sublivision
x Corrlominiumization _ TextjMap lIn:eIrlIDent
Historic Designation
Lot SplitjI.ot Line
Adjust:ment
GM;;S Allobnenl:
GM;;S Exemption
8)
Description
approximate
property) .
of Ex.ist.in; Uses (l'llllliler am type . of exi.st:ing structures;
sq. ft.; rami--Pr of bedrocms; any previous approvals granted to the
The property consists of four single-family townhouses. Two of the units
are two bedroom units containing 2411 square feet each and two of the units are
three bedroom units containing 3147 'square feet each
9) Description of Developrent Awlicatibn
Condominiumization of fonr llnit~ prpviom:;ly ;:Ipprrmpc1 nnrlpl" ~rnl.o7t-h
Management
10) Have y= attached the follONirg?
yes Response to Attad1ment 2, Mininum s>,rmic:.c:.ion Q:lntents
~ Response to Attachment 3, Specific S>lrmic:..c:.ion Contents
~ Response to Attad1ment 4, Review starrlards for Y=r Application'
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