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HomeMy WebLinkAboutVAIL INTERMOUNTAIN BLOCK 6 LOT 10 LEGAL FILE.pdfOj TOWN OFVAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us Mav 23. 2001 t?rLE coPY Wendi Lo Sasso 2992 Bellflower Drive, Unit B Vail, CO 81657 Re: Retainkg rooIlfailure d 2992 BeUJbwer Drive Dear Ms. Lo Sasso and Mr. O'Brien. J.P. O'Brien 403 S. Downing St. Denver, CO 80209 It has come to the attenUon of staff in the Public Works and Community Devclopment departtnents dut the retaining wall on the north side of your shared driveway appears to be failing. Due to the proximity of the retaining wall to the edge of Bellflower Drive and the steepncis oi the slopcs on your property. this presents a significant safety hazard to yourselves and to the public. Additionally, this condrtion is both contrary to the Town's Design Cuidelines and a public nuisance subject to enforcement by the Torvn of Vail. Although thc retaining wall is located in the public right+f-way, it has been used lo accommodate access to your parkinfarea, a portion of which is also located on Town of Vail propefi. As such, the portion of the driveway and iarking area located in the Town's right-of-way is subject to the same site dwelopment standards as those applied to the driveway and parking area located within your property boundaries. Furtherfirorc. such a structure requires a revocable ri ght-of-way pcrmit. It is hevitable that if the retaining wall fails completely, your driveway will also be damaged due to the lack of slope and soil retainage. The current driveway/parking area is considered non+onforming due to the lack of paving, steep graaes and encroachment onto public propcfty. Therefore, if the retaining wall fails completely and the drivlway/parking area becomes unusable, slaff will seek to have the right-of-way regrade4 thus elirninating the parking area completely. Because the site is /egaliy non<onforrning, the Town of Vail will allow the use of the pultic rightof-*iy to continue provided tlut the retaining wall is reconstructed and tlrat an application for a revocabli righr-of-way is submited to the Public Works Depannent. Altemately, the Community Development Department wolld be happy to work with you on a proposal lo improve the existing parking sihntion for your propeny. If you have any questions or would like to arrange a mocting, please do not hesitate to contact me at akierult@ci.vail.co.us or 97O419 -2148. Sincerelv. {g *""ouor^""* I ;#6,/^,#n Town of Vail Community Development Dept. P.E.C. and B.R.B. Boards To whom it may concem, My name is Fritz Allen and on a couple of occasions I appeared before both the PEC and DRB boards regarding a garage my nBighborwastryingtobuild. lreelizethatell ofthemembersoftheseboardsworkveryhardforwhatl'msureGatlimesa - thankless and difficult job, and wanted to apologize for my less than professional attitude at times while attending thos€ meelings. I would also like to say that on my own behalf and not to make any excuses that it was a very emotional issue that I took vory personally. Thank you for your hard work. Sincerely, F"t fit'^ t '-- Fritz Allen mhtml:mid ://00000003/10/23100 0 t qd( / )?d TO: FROM: DATE: SUBJECT: MEMORANDUM Vail Town Council Department of Community Development Applicant J.P. O'Brien Planner. Ann Kjerulf 6Y eou^tc,tt- t_g (rclsp) BACKGROUND The applicant, Mr. J.P. O'Brien, received approval from the Town of Vail Planning and Environmental Commission (PEC) on September 11,2000, to construct a garage and GRFA in the side setback. The proposal calls for the utilization of 361 square feet of site coverage to construct a detached" two-car garage with 226 square feet of GRFA above the garage. The PEC voted 6-1 (Cahill opposed) to approve the applicant's variance request. The PEC held that there are distinct phvsical hardships on the propertv which warrant a deviation from the zoninq requlations. that similar hardships have been shown to exist on neiohborino properties and that manv of those properties had received relief from the zonino requlations by the qrantino of variances. and because of these factors, the aoDroval of the setback variance would not constitute a qrant of soecial privileoe. Currently, the property is non-conforming with respect to lot size and density. The existing duplex was constructed under the jurisdiclion of Eagle County. The lot was later annexed into the Town of Vail and zoned Two-Family Primary/Secondary, which rendered the lot non-conforming because it did not meet the minimum lot size requirement for two dwelling units. The parking area which serves both sides of the duplex on this lot is an unimproved, gravel parking surface located partially in Town of Vail right-of-way. Because this area is limited in size and causes difficulties for ingress and egress, parking has also been accommodated across the street on the Huerta property which is cunently being developed. Only two parking spaces can be accommodated on-site according to cunent Town of Vail Development Standards. This proposal would allow for two additional spaces to be constructed on the property, thus bringing the lot into compliance with on-site parking requirements as specified in the Town Code. FILE 8//PY October 3, 2000 A Town Council call-up of the September 1 1, 2000 approval by the Planning and Environmental Commission of the request for a variance from Section 12-6D-6 of the Town Code, to allow for the addition of a garage and GRFA in the side setback, located al29g2A Bellflower Drive/Lot 10, Block 6, Vail lntermountain.x Vl(rehl (& ov*.ru0te> \q$$ 1$1 il. The construction of the garage would also bring the property further into compliance w1h the zoning regulations, specifically 12-21-14(J) "Hazard Regulations", which states that "A minimum of one covercd parking space shall be provided for each darctting unit',. This regulation is placed upon development on any lot within the two-family primary/secondary residential district where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30yo). There are significant site constraints upon the property including steep slopes and large coniferous trees. Steep slopes (greater than 30%o) warrant the construction of a garage in the front setback. However, there is an existing 20 foot easement which coincides with the 20 foot front setback which forces the proposed garage to be located partially in the side setback. The new side setback would be 10 feet. a 5 foot variance from the 15 foot side setback wtrich is required by code in the two-family primary/secondary residential zone district. *The proposed sepantion was approved by the Design Review Board on Apfl S, 2000. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council uphold the Planning and Environmental Commission's approval of the applicant's request for a variance to allow for the construction of a garage and GRFA in the side setback, subject to the following findings: 1. Thatthe granting of the setback variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the Primary/Secondary Zone District. 2. That the strict literal interpretation or enforcement of the setback regulations results in a practical difficulty or unnecessary physical hardship inconsistent with the development objectives of the Municipal Code or the Primary/Secondary Zone District. 3. There are exceptions or extraordinary circumstances or conditions applicable to the applicant's property that do not apply generally to other properties in the Primary/Secondary Zone District. STANDING OF APPLICANT The Community Development Department accepted Mr. O'Brien's application following a determination that the application was both complete and valid, being consistent with the Town of Vail municipal regulations in effect on the date the application was made, August 14,2OOO. ilt. tv.ZONING AND SITE STATISTICS Zoning: Two-Family Primary/Secondary Residential Lot Size: 0.2378 acres or 10,359 s.f. Min. Lot Size for 2 Dwelling Units: 14,000 s.f. Reoulation/Standard Allowed Density: A. Dwelling Units 1 B. GRFA 3015 Setbacks: Front: Sides: Rear: Site Coverage: Parking (required) CRITERIA AND FINDINGS Existino 2 3600 (approx.) 56' 38',t23'. 20' 11o/o 1188 s.f. 2 spaces Prooosed 2 (no change) +226 s.l. (250 ord.) 20' 38'/10' (variance) 20' (no change) 14.9o/o 1,549 s.f. 4 spaces 20' 15' 1s', 15o/o or 1,554 s.f. 4 spaces V. A. Consideration of Factors Reqardino the Site Coveraoe Variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff believes that the proposed setback variance request is compatible with and comparable to the sunounding development in the Intermountain area. A number of variances have been granted in the area (see attached map) where the PEC found that relief from the zoning regulations imposed upon these lots was required in order for improvements to be made. Specifically, variances have been granted in order to allow for the construction of garages (Mccully, 1996;@I. Many of the duplexes in the Intermountain area were constructed without garages or on-sile parking. This has created a significant parking problem in the Intermountain area. Staff believes that the provision of covered, on-site parking is a benefit to the neighborhood at large because it will help reduce right-of-way congestion and reduce the visual pollution caused by surface parking. There is, however, a potential negative impact upon the other owner of the duplex who is also utilizing surface parking at this time. The proposal would use the majority of the remaining site coverage on the property so that any future proposal requiring the use of site coverage would most likely require a variance. This restriction is in part due to the 15% site coverage limitation imposed upon this lot due to its excessively steep slopes. 2.The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes that the requested setback variance is wananted and that a degree of relief from the setback regulation is necessary for the applicant to construct a modest two-car garage. There are significant constraints upon the property including trees, steep slopes and existing retaining walls. The applicant has tried to keep the proposed garage as far out of the side setback as possible in order to protect a large conifer in the middle of the lot and to achieve the required grades for construction of the garage and driveway. He has also kept the proposed garage out of the 20 foot easement in the front of the property and on his portion of the lot as identified on the recorded plat. The proposal would result in the removal of two coniferous trees. This is partially in conflict with the DRB'S conditional approval of the separation request which was that the conifer at the northeast corner of the lot be preserved. In orderto meet grading requirements, the tree would have to be removed. This action is subject to further review by the DRB. The applicant has proposed to plant four new trees (including two conifers) to replace the loss of the two existing trees during construction. Typically, the Community Development Department would not support a request to construct GRFA in a required setback. However, in this instance, the location of GRFA above the garage is very practical given that a significant amount of retainage is necessary to maintain slope stability in front of the existing residence. lt also makes sense to place GRFA in an area where site coverage is already being proposed. The second-story space is intended to be used for storage and can not practically function as living space because it is open to the garage below. However, it must be considered GRFA because the head height of the space is greater than 5 feet. Not allowing GRFA above the garage would virtually eliminate the applicant's ability to upgrade his property via the 250 ordinance at a future date because of the lack of remaining site coverage on the property. Additionally, adjacent properties have been allowed to place GRFA in setbacks. Hence, staff believes that an approval for the request for GRFA in the side setback would not be a grant of special privilege. Site constraints present a significant hardship for improvements on this property, as is the case with numerous other properties in the Intermountain area. For this reason, staff believes that approval of the requested side setback variance for the purpose of constructing a garage would not be a grant of special privilege in this case. 3.The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff is concerned with the steepness of the existing driveway. At one location, the grade is almost 22o/o, Current development standards limit an unheated driveway to a 10% grade. However, the Public Works Department has indicated that, if a cross-slope not greater than 8olo, and a driveway grade not greater than 10olo (measured along the midpoint of the approach into the garage) can be achieved on Mr. O'Brien's portion of the lot, the projecl may be acceptable. The approach to the garage would also be paved as specified by Title 14 "Development Standards", which states that "All parking areas shall be an improved paved surface". However, the Development Standards allow some flexibility for previously existing, non-conforming sites in order to encourage redevelopment. Specifically, "the paving of existing legal non-conforming, ie. unpaved, driveways shall be allowed without strict compliance with the Development Standards". Staff believes that requiring any other portion of the driveway to be an unheated, paved surface would create hazardous conditions for parking. The existing surface parking area located on the other half of the lot would receive no improvements and there would be no obstruction created to Mr. Allen accessing the existing parking area located on his portion of the lot. The proposal would be beneficial in relocating existing utility lines which cunently run through the middle of the property to the 5 foot utility easement located on the east side of the property. Summary of Hardships ldentified by the PEC: In making its decision to grant the variance to construct a garage and GRFA in the side setback, the Planning and Environmental Commission considered the physical hardships on this property and in the Intermountain neighborhood. To summarize, these hardships are as follows: ) Steep slopes F Lack of on-site parking ) Non-conforming lot with respect to lot area, number of existing dwelfing units, driveway grades up to 2OYo, and parking in Town of Vail right-of-way 4. B.The Plannino and Environmental commission/Vail rown council shall make the followino findinos before orantino a site coveraoe variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materielly injurious to properties or improvements in the vicinity. 3. That the variance is wananted for one or more of the following reasons: The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. The strict interpretation or enforcement of the specified regulation would deprive the appellant of privileges enjoyed by the owners of other properties in the same district. a. b. c. E r$H* E E i E E E s E FiuEeg$Fu{3E$ig$iE )<6 c.l (\] a a.)x ,g' +I'g P =x E P t F I E I I x ..S", \ r+<' #s H{ e s sH *,E;Ea*sEg,E#=E E3g3EE xgs *!s $FE ). a x a '=!Y F () H a a -'t r-1 () F ril h0 () 3. !.) I:bo a I t I I I \ I I \l' ffh #n " 81Ft iiFl tils I j Nii t t\ t t\ \\€'f I I I I I I ti I t f t I a I ii I t fi!'l U, U i!t' t' dr i'iii' O' BRIEN CAtr.ACE ADDITION tt91 | ttltttovrl Dl.vatr. oororaDo rt6tt nfHt HAD ,FCtl llEsllFll- DF/ll'TllCl t tt tt I I I t iii r z 'lr-Fjl-Frl <l Drl Fl |l .I Fl ol ol Fl ?-., l! 4 z o F { lll In ,{ o z :;i7 :o :ri t! .! lq F F bl !|F F o o F l! z |----_-1 .o ;o .7 t t 5 I ! I a I .! F 2 6 z tt lrl F GI o z a I I E I t I I F E l i{ F F H F I t - I i! I o o r|| E z lr! c| -l FI FI { o z t I I 2 E a t 5 T F I t F l1 tl t' t E ftl 3 I FI -{ FT F art o z F F E f I l{a !I I I I I a I I a T ll tl E I i i I I I r! - E TT ft I' I I I E I !I , ii' t--l lE--f ffi lr l:i li i'iii' Or BRIEN CARJTCE ADDITIoN 1992 A rlttl!ovtl Dl.Yltr, oorolaDo tr5t7 hAT,tfl I TNAD licfi llEcftn^L DtaPt lNCl Departmenl of C ommunity Development 75 South Frontage Road Vail. Colorado 81657 970-179-21 38 FLY 970-479-2452 www. ci.vail.co.us July 13, 2000 Fritz Allen 2992 B. Bellflower Dr Vail. CO 81657 Re: Proposed Garage for Lot 10, Block 6, Vail Intermountain I 2992 A. Bellflower Dr. Dear Mr. Allen: The purpose ol my letter is to address your concerns regarding a garage that your leighbor, Mr. J.P. O'Brien, has proposed tor Lot 10, Block 6, Vaii Intermountain I 2992 A. Bellflower Dr. Mr. O'Brien has expressed a strong interest in creating a parl(ing area on his portion oi the lot and has submitted conceptuai plans for a detached garage. On April 5'n, 2000, the Design Review Board reviewed these conceptual plans and determined that there are significant site constraints on the lot which warrant a detached garage (a garage separated trom a dwelling unit). To date, Mr. O'Brien has not submitted final plans for the proposed garage and has not received final approval from the Design Review Board. In addition, he has not requested any variances. Because the Community Development Department has not received final plans, there is no indication as to whether or not any variances will be required lor the project to proceed- lf final plans are submitted and staff determines that a variance is required, you will be notified in accordance with the Town Code as an adjacent property owner. Although, there is no requirement to notify adjacent property owners of Design Fleview Board actions, we will notify you of any submittals or hearings regarding this application. With respect to the available site coverage on the lot, this can only be accurately determined once a topographic survey for the entire lot has been submitted. lf the average slope is greater than 30%, site coverage (building tootprint area) is limited to 15% of lot area (approximately 360 sq.ft"). lf the average slope is less than 30%, site coverage can not exceed 20"/" of lot area (approximately 880 sq.ft.). lt is my understanding that Mr. O'Brien is in the process of having a survey of the lot completed. Once a survey is submitted stafi will make the determination of how much site coverage is available on the property for development. lf it is determined that the average slope on the property exceeds 30%, thereby restricting site coverage to 15% of the lot area, it is quite possible that Mr. O'Brien's garage proposal could utilize all of the remaining site coverage on the property. The Community Development Department only requires approval from adjacent duplex owners if a proposal impacts a common parcel. According to a stamped survey trom 1995, your lot has been subdivided into two parcels $ rrn"tro roro that are separated by a party wall. Mr. O'Brien's proposal ialls entirely on his side oi ihe party wall and will not encroach upon your property. As promised we have also reviewed our policy regarding propedy owner signatures on applications that will utilize floor area or site coverage on a duplex lot. After reviewing this policy we agree that a duplex owner should be required to notify the other owner ol a pending DRB application. At this time we are not requiring both owners to sign a DFIB or PEC application il the application does not involve building on commonly held property. We have reviewed this policy with the Town Attorney and the premise for the floor area and site coverage regulations is to ensure the size of the structure is in balance with the size of the entire property. Our zoning regulations, in the context of a duplex lol, recognize the entire site that the duplex is built upon. The Town wants to avoid getting into private matters between duplex property owners and creating situations of "zoning by neighbof. ln all instances we are most interested in having private property owners resolve development mafiers prior to the submittal of a development review application. As you indicated this policy has the potential to still result in conflicts between propeny owners and the Town. I share your concern and would like to review an number of policy options with the Town Council. l will commit to review this issue with the Town Council within the next 90 days to determine their interest in changing our policy. I will contact you to invite you to that discussion with the Council. lf you do not wish to wait for a discussion with the Town Council, and an DRB application is submitted for the garage, you may appeal the staff decision regarding application signatures to the Planning and Environmenlal Commission. You can also submit plans for your side of the duplex. I hope this has provided you a better understanding of the situation. You may wish to investigate any private covenants or declarations existing on the property, as the Town of Vail does not recognize these documents during the development review process. lf you need any clarification of these issues or have further questions, please feel free to contact me at479-2146. Director of Gommunity Development x.c. Bob McLaurin Tom Moorhead George Ruther Ann Kjerulf F lcdev\RUSS\LETTE RS\OOLET\aIIen.doc Russell Fonest June 21, 2000 Town of Vail Community Development Dept. Vail, Co. Director, My name is Francis (Friu) Allen, my wife and I own one half of a duplex located st 2992 B. Bellflower in Vail. I am witing this letter to make you aware of concerns we have with a proposed project our neighbor lother side ofduplex) JP O Brian has planned. He has rcquested a vtriance for the purpose of building a gatage. I came into you offices and spoke with a planner and as I understand his proposal of building I garage on his side of the property, it will dect our side as it relates to site z' coverage of the lots combined because we are a duplex lot. Ifthis is true we are 100% opposed to this project as it would limit us from doing a project similar to his proposal at anytime inthe future. We will consider this matter closed as we are sure you cannot approve ary building , permits unless all atrec'ted parties / owners approve ofthe proposal We look forward to hearing from you. Sincerely, Tdrt Atr,,^- Fritz All€n v J.P. Otsden, 3097u-P11 (0),970479.8212 M Far( Atn{erulf Frori: J.P. O'8rEn s70.tr.79.2452 lrgelg 4 F!!,+, 9ZO.479.Z14A Htc 09l07rcO 2992 Bellffoiver- Letterto F. AkrF Paking oC: tr Urt|rt X For Frrirl O 'tErt. Gon|'|.rt tr Plrar n.Dry tr Plrlra hcycfr . cqn|i.ntle Anq Affadl9(l is my 11198 letter to F. Allen regardiq impfow'rt€nts b ths Bolffou,€r pfap€rty h Crediq.t ( | can brad(gt cHle sf rEc€ipt if c(t1bstsd ) ard a strct arphnatbn of ios.lEs disossed wi$in. Pleasa rffi, atlhcl$t il do€6 rpt dmdy perain to lhe iEgl€ al ha'd, brt dms perain f dra-ader isa.es, thd tre avr{rg ds(rlssed in fis letbr is slif m<eptted (3 yets aner t] aamage ocnrned), in spiE of the facl that I crered to Pay hslf of tre r€Fir c"sts (wfth no legal oOtigton b do so) fid t1d the causa of tre danrage can bo dlrecdy lhl$d to ttf. AlEnb l'ailJre b renbve srpn, off his rcof wfiile he was mnfrg it (cdncadng wilh wflm | ffi borght my haf of the (l.Dbo- | haue not trrlrad thls is$Sgry nflher becanse a t6@ bue is rEt rorfi tl8 poilenlid cds of 'niCifon wfrdu;tatdy r+air coosTave rtsen s ,b indidt rrd lilttr.r,edFr rdabd degr#ftm tr hiHing trdedds I tmrc dded pid.ree and rhidr I wifl brng if lhis cqrnc qcb sharEwith TOV.DrJt- iilore it?portanw, a1d wfry I sha? thb lettef with yor.r, oter tvro y€a/€ ago I ptopc€d (see r msr*ed aea on page 2 of l€trg.) s mLtnrdv banefcH rrsoMim b the pst(rrg pioblem d our r€:5i*nce ( lotr€r tle cntrs paffd€ ptmrm b drBet lewl ) hX b dde not adinn has been blcn tYt Atsn h rssolvlrtg any of tfe'lssrs-dsal8eed in lhis l€tlsr in a mutraly b€rFfichl rranrr (or * lf|G basir Frfy). QuiF b ni ccntay, I canre homo one li,eel1errl (11,99) b fnd ar ernirdy ne{v stotn rdair*rg tiudl on l/h. ruf-is pnfrrty in p|ece wihon any nai,cs tO me or, as fEr as I lmotf b TOV. As mgnticEd in tho ailadft{ kineriag€il I have dale.t picilf,es of) the retainiry ruall on Mr. Alenb praperty rc abcut io c**opnfal|y df , ne arerUlary fteceC anO lrrporcO tre arEa hr ndthor.d nry krodrdbe, ld dfia dsorssibn, Ej1g€fner|t o appivai rd poteniielly qiy dLF to hi6 cufl€trt amfilidt d sdling hb pilpcfy. Hopefi.rtly rre can dslss fns fld broader pdnts cf he iscqes at hd betue 2@ tutoftlay! fll giw you a cail l\llonday trEnit€- Rsga€s, JP -? 8St@+E69+fAE :Td t^lurs:ea a66z 8A ',de.s '0N rNoHd ilIS CNn$3dnS Tll{n'lU-l AUf4o-] : t'lod-i lo J.P. O'Brien 403 S. Downing Denver, Co 8O2O9 November 19, 1998 Fritz and Paula Allen P.O. Box 216 McCoy, Co. 80463 Dear Fritz and Paula; The intent cf this letter is to update you with some additional information I have obtained in regards to the duplex we co-own in Vail in a clear and documented manner. I have gathered this infqrmation and convey it to you in the spirit of cooperation and hope we can move forward with sorne necessary repairs in a productive and business-like manner. Further, I have enclosed several attachments, I include them for your review so that you can see what I am basing rhe stetements contained in this letter on. First off, I would like to ttue the awning over the front stairs repaired, and will share the cost of having these repairs done evenly with you. Enclosed as attachm€nt 1 is a bid sheet I had prepared in order to estamate the cost of performing these repairs- The estimated total repair cost ranged from $1,20O. to approxirnately $1,600. dependant upon how.much material can be reused. Thus, the repairs will range in cost from 960O. to $800. for each of us. I hope you will agree that these repairs need to be done. In order to complete these repairs please co-sign and date the proposal below my signature and send it back to rne along with a check or money order made out to Rusry Spike, for $3OO. This is 25Yo of the 5O% payment due to start the work, I will enclose a check for $3OO. and forward it to Rusty Spike so that they may schedule the repairs. lf you need to send this to your insurance company for approval, or would like to take some other course of action to accomplish these repairs please let me know what your intentions are at your earliest convenience and I will proceed from there. Further, for the record, and solely for my own information, I had an attomey look at our covenants and party wall agreement. I have enclosed excepts from the letter I received from Ms. Larsen as attachment 2, Ms. Larsen is the attorney I retained to look into this- Her lndependent conclusion is stat€d on the letter I have enclosed. Although her conclusigp was that "the repairs to the entryway are enilrely Mr. Allen's responsibility" I choose to share these costs with you for several reasons, namely I prefer to work with you in maintaining our duplex and do not want to verbally splh hairs with you or possibly go through litigation over questions of 1 ed AvzsiLa Maz 8a 'das ESIA+E69+'AE I '0N 3N0Hd SttS (INnll3dls -]-]lJgNU-] Alflol : ulouj oo negligence or whose responsibility these repairs are. As for continued maintenance of the enrryway awning, lwill try to remove snow, when needed, from areas on both our sides of the roof that may potentially fall and impact the entryway structure, Unfortunately, my work occasionally requires travel out of the state and/or out of the country, somqtimes for months, therefore I cannot guarantee that I will be able to remove snow from the roof at all times when it is needed. However, I offer one possible solution: when out of the state far an extended period of time I will contact either yourself or a snow removal contractor to assure the roof gets shoveled and the entryway remains undamaged, I only ask that you share the snow rernoval duties, qr the potential cost of having a contractor perform the work when I am out of the state for an extended period. t hope you find this to be agreeable. ln light of the fact that the continued maintenance of the entryway roof falls evenly on bqth of us. being a sharec structure, I feel my offer to be at the least- fair. I have also contacted several attorney's in addition to Ms. Larsen, Town of Vail (TOV) personnel, and my insurance company for information regarding repairs to the retaining wall on your side ol the property, and the parking easement that runs through both our properties. I also had a bid prepared for repairs to this retaining wall, and have enclosed it as attachment 3 with this letter for your information and reference. My professional experience as an engineering geologist, and conversations with the bidding contractor, suggest that it will be significantly more costly to repair this retaining wall after a failure has occurred. Also enclosed is the letter, as aftachment 4, I recently received from my insurance company regarding repairs to this retaining wall. The result of their investigation is outlined within this letter, namely that we are separately responsible for repairs to retaining walls located on our respectiv€ sides of our properties. My insurance company also tells me that 6eparate responsibility also applies to any damages caused by a failure of our respective retairring walls. Further, conversations with land attorneys and TOV personnel revealed the following in regards to our parking easement: the area of tand within the parking easement has been set aside fobrour common use, and any upgrades to this area by either party does not in any way infringe upon the right of the other party to use this area for parking. ln my opinion our psrking area needs to be expanded and/or otherwise upgraded. I also realize rhat you may not agree with this statement or may not wish to upgrade your portion of the parking area. lf this is the case we do not need to discuss it any further. within the next few years t will probably expand (widenl my portion of the parking area, which will in no way interfere with your "rigltt of accommodation, or right of passage' in the easement area. tf you would I like to work together on upgrading the parking area I am cenainly open to discussing I it further with you, i.e. it may make more sense to excavate the whole area down ti I strest level and rebuild our respective retaining walls. I ld Ntfcs:ea aa6e aa 'des 89ZA+t59+tAr : 'ON lMFtd :U.15 ONniflfdlS -l-ltl(I}'lu"l Atf'101 : Llldl lo Please let me know if you would like to proceed with repairs to thc entryway awning either in the manner I have qutlined or by some other method, and if the solution I have outlined for maintaining the repaired en?ryway structure is acceptable to you. Further, if you have any information that indicates any of the above information is insorrect, pleasq,share it with me at your earliest convenience and hopefully, if need be, we can w6rk something out berween ourselve$. At this point I would prefer that you convey your decisions and thoughts on these matters to me by lener, I believe this will help to eliminate any misunderstandings between us. J.P. O'Brien Pd HJeg:z@ aaae a6 'd4 Elgto+f6g+EaE : 'tI'.| -NoHd illls oMllSildls -'l-'lll0t'{J-l $f,n"l : t'Eill o o THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3 of the Municipal Code of the Town of Vail on October 3, 2000, at 2:00 PM in the Town of Vail Municipal Building. In consideration of: A Town Council call-up of the September 11, 2000 approval by the Planning and Environmental Commission of the request for a variance from Section 12-6DO of the Town Code, to allow for the addition of a garage and GRFA in the side setback, located at 2992 A Bellflower Drive/Lot 10, Block 6, Vail Intermountain. Applicant: Planner: J.P. O'Brien Ann Kjerulf The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at lhe Town of Vail Community Development Department, 75 South Frontage Road. Sign fanguage interpretalion available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department .,"..,'/Lltl / tt LtY"l , ,//,./, ilv-l-'kr* / / /h'' | *r"ol 'F,Zv.rti3 1 ?hu\H Af\vt flqe Ri-r\\:\or.,tv \)'a *B u:rr\ , tu\u StiS$ <'l .^A e :.'sA J lf_tAAilDo I\frL 8,:.irF\or,-nt UF{L\ 0rr I ttil .-)01-l,tl l* . bcttis rLr iu 2q83 ,&tt;loct4., 04"L,\r\ to Er65) 6u,r\tnmo l 6t1rnnuo i\.)tQr*n S Fnu jot!.tsu,,i mru6vn ? o. 3ux Nlct AtW.t, Cr'tr. b,if?O *.-':- t '\\A \)n'*,t i"[ t s'tstiAb R.i{fii n ,-\ Y D Lrx i$l() ufflr-\ Lc Ei6S b Tf g6erE*) lq q t p E tt fitq:era Der4*4 /4rt- Co 8toS7 frn"o]qg s*i'tdAn; / 5oi,rqTl+*rt 11e, tat ? r Sox 3s8t 0AL\, f n BrtES APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN RtrVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION ACTION/DECISION BEINC APPEALED: t,hPveil S ^r"-,1 4 B. c. DATE OF ACTION/DECISION: NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Y r-( .D.NAMEOFAPPELLANT(51, (pa-t'tc.rg €. 4 ?A-v* IA.*l,tcr. MAILTNCOOO*tt. 244r- b Wral.trtow-or- vk\v- 6tL{7- PFTYSICAL ADDRESS IN VAIL:fuu*PHoNE: 41q +77 ,o'J I LECAL DEscRIprroNoFAeeELLANT'SpRopERTr r*ysn. l-u4: I,:> Pc ocL b L rto r.-, u.r fi. 11 E,SIGNATURE(S): Page I of2 REcDIYEDSEP 21 zfin F. Docs this appeal involve a specific parccl of lantl? Yl9 lf yes. please provide the following intbrmation: are you an adjacent propert,v owner ? Yes Y/ no _ lf no, give a dctailed explanation o, no* ,ou are an "aggneved or adverscly affected person." "Aggrieved or adversely at-fected person" mcans any person who will suffcr an advcrse el'fect to an intcrcst protected or fi.uthercd by this title. Thc alleged adverse intcrcst may be shared in common with othcr members of the community at large. but shall exceed in dcgrcc the gencral intercst in community good shared by all pcrsons. G. Provide the namcs and addresscs (both person's rnailing address and property's physical address in Vail) of:rll . owners of property which are the subject of the appeal and all adjacent propcrty owners (including propertics separated by a right-ot'-way, sheam. or othcr intcrvening barricrs). Also provide addressed and stampcd envelopcs fbr each property owner on the list. H. On scparatc sheets of pap€r, specily the prccisc nature ofthe appeal. Please citc specific code scctions having relevance to tho action being appcaled. l. FEE: $0.00 l; Page 2 of2 47(er^t- ,";) H 6q\ras e / ?4,q-l'4 ktte4 . u t pr-c ab le q,;? h 7-l*trbL 9;k G*roA* (*/n* &a'"7'' Jo/ rr*^'t P'aLt ' [h/z PeTtrU>''r< lilrrt-, fhf ./ fr, 6L- /. lo / "a h^7 ?t '/ / f-crc-t dtve TLprh r S,*7Q / t' t @rye Mb afi7aeno'-J .4 ezf4 o {zc-/ t - '1 u/rz (/. o/ /L /'Aa': tt ?tnf f / ' "-'- r . E-att <5a^ l//-J /; g*;, h h az-aft'- t'a'-t /' h"' /- z'"e /q o/? -gr*t Kobr*'o P*'b& 'to/- 7a/a ' Ns^"/a+L{- orz?Ne, ^ / /,., Ndh a / J-x* '/' c'95 M,1/" /a-/ fue rfuPa b7 '4*u*a (a^cnk b., *f, /^"t/ 9or/2 .ET!* A&'* h'&' tl w*l* /o-z^* 4d'; n1t'a/ n%, / 6a wrffi f k, re: _!, ";n,{WT uu" un &6''** t/u'{'il' 6!c{t"tl ;;-* pJt a, /t*! E /'/ a€t4D4 ry Ph"^* r+ )-u o,it'i Jrtu"hn TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department October2S, 1996 A request for a setback variance for a garage addition, located al2704 Larkspur Court/Lot 5, Block 3, Vail lntermountain. Applicant: Craig McCully Planner: Dominic Mauriello I. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant is requesting a side setback variance of approximately 6.5'to allow for a 8.5' side setback in order to conslruct an atlached 456 sq. ft., two-car garage. This site is currently improved with a duplex structure without a garage. The existing structure was constructed in 1971 and the area was under Eagle County jurisdiction at that time. As constructed, the duplex encroaches 3.7'into the required 15'side setback and therefore is a pre-existing nonconforming structure. The duplex is oriented on the lot in such a way that the garage addition encroaches furlher into the side setback. There is an existing unimproved driveway on the site which approaches the house in the same area where the garage is proposed. Other constraints which exist on the site include many trees to the south of the proposed addition and an existing drainage or stream. The site plan shows one lree being impacted by lhe addition. The site plan does not accurately show the total number of trees located in this area. The siie is also nonconforming with respect to lighting and driveway paving. There are several floodlights on the property which are nol fully cutoff and therefore do not comply with the lighting ordinance. The driveway is cunently unpaved and therefore must be paved if this addition is constructed. The site is also littered with trash, trash cans and other items stored outside of the existing slructure which are unsightly and are not in compliance with the Municipal Code. II. ZONING ANALYSIS Zoning: Use: Lot Size: Primary/Secondary Residential Duplex residence 1 1,629 sq. ft. PROJECT ORIENTATION / - Community Devetopment Dept.PUBLIC WELCOME 12:00 pm tr,*o AND ENVTR.NMENTAL conatspr,r flt ^ MEETNG RESULT' '< c C7pf Monday, September 11, 2000 MEMBERS ABSENT Site Msits : 1. O'Brien residence -2992 A Bellflower Drive 2. Selby residence - 1467 Aspen Grove Lane 3. Hockey i'nk- 1778 Vail Valley Drive Driver: George - '-I ilrrr /--\ I rt H I-'' H lL -.-af NOTE: lf the PEC hearing e)dends until 6.00 p.m., the board may break for dinner from 6:00 - 6:30 p.m. 1:00 pm Public Hearinq - Town Council Chambers 2:00 p.m. 1. A worksession for a major subdivision and variance from Section 12-68-5 (Minimum Lot Frontage) of the Town Code, to allow for the subdivision of Lot 8 into Lots 8A & 88, located al 1467 Aspen Grove Lane/Lot 8, Block 2, Lion's Ridge Subdivision Filing 4. Applicant: Robert Selby, represented by Braun Associates, Inc. Planner:Allison Ochs WORKSESSION _ NO VOTE 2. A request for a variance from Section 12-6D-6 of the Town Code, to allow for the addition of a garage and GRFA in the side setback, located a12992 A Bellflower Drive/Lot 10, Block 6, Vail Intermountain. Applicant: J.P. O'Brien Planner:Ann Kjerulf VOTE: 6-1 (Cahill opposed) MEMBERS PRESENT Galen Aasland Chas Bemhardt John Schofield Diane Golden Brian Doyon Doug Cahill Tom Weber MOTION: John Schofield SECOND: Brian Doyon APPROVED WITH 1 GONDITION: 1. That the applicant permits the staff to walk through whether or not it constitutes one legal dwelling unit. his residence to determine 3. . , A €qgeit for a rezoning (from Outdoor Recrealion to General Use), a minor subdivision and , .. , ,':a c6nditional use permit, to allow for the conslruction of a seasonal ice hockey rink at the ' Vail Golf Course, located al 1778 Vail Valley Dnve / Lot 3, Sunburst Filing 3. Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson TABLED UNTIL SEPTEMBER 25, 2OOO 4. A request for a final review for a minor subdivision to allow for the reconfiguration and replatting of two existing lots and the rezoning of Lot 16, Bighom 2no Addition, from Agricultural & Open Space to Two-Family Primary/Secondary Residential, and the rezoning of Tract A to Natural Area Preservation District. located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighom 2no Addition. Applicant: Wilson Family Trust, represented by Jay Tschirner, First Land Development, LLC Planner: George Ruther TABLED UNTIL SEPTEMBER 25, 2OOO 5. Information Update The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign fanguage interpretation available upon request with 24 hour notification. Please call 479-2356. Telephone for the Hearin g lmpaired, for information. Community Development Department TO. FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department September 7,2000 A request for a variance from Section 12-6D-6 of the addition of a garage and GRFA in the side setback, Drive/Lot 10. Block 6. Vail Intermountain. Applicant: J.P.O'Brien Planner: Ann Kierulf Town Code, to allow for the located at 29924 Bellflower I. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant is requesting a side setback variance to allow forthe construction of a 304 square foot detached* two-car garage. In conjunction, the applicant would like to construct 226 square feet of GRFA above the garage. This additional square footage is being requested underthe provisions of the 250 ordinance. The size of the proposed expansion would trigger the requiremenl for this site to come into compliance with the design guidelines. Cunently, the property is non-conforming with respect to lot size and density. There is an existing duplex on the lot constructed under the jurisdiction of Eagle County. The lot was later annexed into the Town of Vail and zoned Two-Family Primary/Secondary, which rendered the lot non-conforming because it did not meet the minimum lot size requirement for two dwelling units. Currently, the parking area which serves both sides of the duplex on this lot is an unimproved, gravel parking surface located partially in Town of Vail right-of- way. Only two parking spaces can be accommodated on the property according to cunent Town of Vail Development Standards. The proposal would allow for two additional spaces to be constructed on the property, thus bringing the lot into compliance with on-site parking requirements as specified in the Town Code. The construction of the garage would also bring the property further into compliance with the zoning regulations, specifically 12-21-14(J) "Hazard Regulalions", which states that 'A minimum of one covered parking space shall be provided for each dwelling unft". This regulation is placed upon development on any lot within the two-family primary/secondary residential district where the average slope of the site beneath the existing or proposed struclure and parking area is in excess of thirty percent (30%). There are significant site constraints upon the property including excessively steep slopes and large coniferous trees. Normally, excessively steep slopes (greater than 30%) would warrant the construction of a garage in the front setback. However, there is an existing 20 foot easement which coincides with the 20 foot front setback which forces the proposed garage to be located partially in the side setback. The new side setbackwould be 10 feet, a 5 foot variance from the 15 foot side setback which is required by code in the two-family primary/secondary residential zone district. *The proposed separation was approved by the Design Review Board on April 5, 2000 due to significant site constraints on the property. II. STAFF RECOMMENDATION The Community Development Department recommends approval of the requested side setback variance to allow for the construction of lhe garage and GRFA subject to the following findings: 1. That the granting of the setback variances does not constitute a grant of special privilege inconsistent with the limitations on other properties in the Primary/Secondary Zone District. 2. That the strict literal interpretation or enforcement of the setback regulations results in a practical difficulty or unnecessary physicat hardship inconsistent with the development objectives of the Municipal Code or the Primary/Secondary Zone District. 3. There are exceptions or extraordinary circumstances or conditions applicable to the applicant's property that do not apply generally to other properties in the Primary/Secondary Zone District. ,I1. ZONING STATISTICS Lot Size: 0.2378 acres or 10,359 sq, ft.Zoning: Two-Family Primary/Secondary Residential Requlation/Standard Allowed Existino Proposed Density: A. Drelling Units 1 2 2 (no change) B. GRFA 3015 3600 (approx.) +zZA s.f. (250 ord.) Setbacks: Front: 20' 56' 20'Sides: 15' 38'/23' 3E'/1O'Rear: 15' 20' 20'(no change) Site Coverage: 150/o or 11o/o 14.4% 1,554 s.f. 1188 s.f. 1,192s.f. Parking (required) 4 spaces 2 spaces 4 spaces IV. CRITERIA AND FINDINGS A. Consideration of Factors Reqardinq the Setback Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff believes that the proposed setback variance request is compatible with and comparable to the sunounding development in the Intermountain area. A number of variances have been granted in the area (see attached map) where the PEC found that relief from the zoning regulations imposed upon these lots was required in order for improvements to be made. Specifically, variances have been granted in order to allow for the construction of garages (McCully, 1996; Scolnick, 1998). Many of the duplexes in this area were conslructed without garages or on-site parking. This has created a significant parking problem in the Intermountain area. Staff believes that the provision of covered, on-site parking is a benefit to the neighborhood at large because it will help reduce righfof-way congestion and reduce lhe visual pollution caused by surface parking, There is, however, a potential negative impact upon the other owner of the duplex who is also utilizing surface parking at this time. The proposal would use the majority of the remaining site coverage on the property so that any future proposal requiring the use of site coverage would most likely require a variance. This restriction is in part due to the 15% site coverage limitation imposed upon this lot due to its excessively steep slopes. 2" The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Staff believes that the requested setback variance is warranted and that a degree of relief from the setback regulation is necessary for the applicant to construct a modest two-car garage. There are significant constraints upon the property including trees, steep slopes and existing retaining walls. The applicant has tried to keep the proposed gamge as far out of the side setback as possible in order to protect a large conifer in the middle of the lot and to achieve the required grades for construction of the garage and driveway. He has also kept the proposed garage out of the 20 foot easement in the front of the property and on his portion of the lot as identifled on the recorded plat. The proposal would result in the removal of two coniferous trees. This is partially in conflict with the DRB's conditional approval of the separation request which was that the conifer at the northeast corner of the lot be preserved. In ordef to meet grading requirements, the tree would have to be removed. This action is subject to further review by the DRB. The applicant has proposed to plant four new trees (including two conifers) to replace the loss of the two existing trees during construction. Typically, the Community Development Department would not support a request to construct GRFA in a required setback. However, in this instance, the location of GRFA above the garage is very practical given that a significant amount of retainage is necessary to maintain slope stability in front of the existing residence. lt also makes sense to place GRFA in an area where site coverage is already being proposed. The second-story space is intended to be used for storage and can not practically function as living space because it is open to the garage below. However, it must be considered GRFA because the head height of the space is greater than 5 feet. Not allowing for GRFA above the garage would virtually eliminate the applicant's ability to upgrade his property via the 250 ordinance at a future date because there would only be approximately 62 square feet of site coverage remaining on the property. Hence, staff believes that an approval for the request for GRFA in the side setback would not be a grant of special privilege. Site constraints present a significant hardship for improvements on this property, as is the case with numerous other properties in the Intermountain area. For this reason, staff believes that approval of the requested side setback variance for the purpose of constructing a garage would not be a grant of special privilege in this case. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff is concerned with the steepness of the existing driveway. At one location, the grade is almost 22%. Cunent development standards limit an unheated driveway to a 10% grade. However, the Public Works Department has indicated that, if a cross-slope not greater than 8o/o, afid a driveway grade not greater lhan 10% (measured along the midpoint of the approach into the garage) can be achieved on Mr. O'Brien's portion of the lot, the project may be acceptable. The approach to the garage would also be paved as specified by Title 14 "Development Standards", which states that 'All parking areas shall be an improved paved surface". However, the Development Standards allow some flexibility for previously existing, non-conforming sites in order to encourage redevelopment. Specifically, "the paving of existing legal non- conforming, ie. unpaved, driveways shall be allowed without strict compliance with the Development Standards". Staff believes that requiring any other podon of the driveway to be an unheated, paved surface would create hazardous conditions for parking. The existing surface parking area located on the other half of the lot would receive no improvements and there would be no obstruction created to Mr. Allen accessing the existing parking area located on his portion of the lot. The proposal would be beneficial in relocating existing utility lines which cuffently run through the middle of the property to the 5 foot utility easement located on the east side of the property. B.The Planninq and Environmental Commission shall make the followino findinqs beforeorantinq a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvemenls in the vicinity. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. There are exceptions or extraordinary circumslances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. The strici interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. t- 2. h )- ff: I I I \ I N}I t r\ r t\ \\e'f i-l rtt .u r lrl oFt ;o E tn z -l r' F z I t f E I I i tis a E t I t I I I t ! I I ,I I tJrl iiit IblS :-t "I !I il l--f-t-\\ Y-\ [\]A; K'r v, U ill 1: ili l'fii' o' BRIEN GARACE ADDITION 2g t2 A tBLLiLov!L Dl'.vaIL. ootorADo tt6tu n T^ltl FI A,D lFctt I IE,qn-F^L EF FTTt{l t r!t: r z 1t |nl <l t.||Fl ll '" l{Fl ol ol Fl ,! .tL F z @ z o F trt F ln r{ o z .o l>i7 :o :r" -a'-o ;o ,7 E t< z z U t! 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E E I I ii' ffi Ji {!i iir I ii i k l-l l_-l ilt dr I'iii' O' BRIEN GARACI, ADDTTION 19 91 A !tLLtLOVtt Dl.vaILr COLOT.^DO tr6t7 tr T lll FNAD rlicfl I fEcftt L ot FflMt f EnT,EE HE aaE 6sE ass E..E ^{*€ ;sH 5nE 5i€ $gs Fss $g$ x?e I c.l FJ .B o .f .J E c) g o E A 2.r .= r\ 1- 'il f€s s. s flsE a=*E{E#q: #ag ;*e #iE p*€ ngg *ss $FE il€$ ?t () orl >,tr 'tr h<>Lt <^a _:J^=r! x' L,l ,,fi - c =as ;ts4 l:.5rX x a -4. i< !l -l a a t4. 5 l.Y -'l (,1 -_r t-,. b0 (,) 3"' () ho a 0i)O (.r .F ^*". september2s,2ooo PLANNING AND ENVIRONMENTAL COMMISSION September 11, 2000 Minutes MEMBERSPRESENT: MEMBERSABSENT: Galen Aasland Chas Bernhardt John Schofield Diane Golden Brian Doyon Doug Cahill Tom Weber Public Hearinq 2:00 p.m. Galen Aasland called the meeting to order at2:2o and apologized for being late, due to site visits. 1. A worksession for a major subdivision and variance from Section 12-68-s (Minimum Lot Frontage) of the Town Code, to allow for the subdivision of Lot 8 into Lots 8A & 8B, located at 1467 Aspen Grove Lane/Lot 8, Block 2, Lion's Ridge Subdivision Filing 4. Applicant Robert Selby, represented by Braun Associates, Inc.Planner: Allison Ochs Allison Ochs gave an overview of the staff memo. Galen Aasland asked for the definition of a major subdivision and a minor subdivision. Allison Ochs gave the definitions and explained the access. She said Public Works had reviewed the road issues Galen Aasland asked if the applicant had anything to add. Dominic Mauriello, from Braun Associates, Inc. representing Dr. Selby, explained that this was the largest lot perhaps in the Town of Vail. He said, because of the slope, it would require a very long driveway, but met all of the development standards. He said the applicant had been working with the homeownefs and agreed that the owner would not take additional GRFA with a plat restriction. He said by dividing the lots into two single-family lots, with the third parcel being used for access, they would not create additional GRFA. He addressed some of the staff issues. He explained that the major subdivision regulations protect the public. He said Aspen Grove Lane was a private platted street and the intent was to insure that all lots had access. He gave a similar example of the Tall Pines Subdivision and Lots 39-1&2 in Glen Lyon and further stated that this was not a unique situation by asking for an access easement. He mentioned another issue being the width of the driveway. He said the applicant had met the standard for two single-family homes, although not the 20' wide driveway, which would be required for 2 EHU's. He said there was a concern regarding access to Lot 9 and Planning and Environmental Commission Minutes September1l,2000 STAFF PRESENT: Russ Forrest George Ruther Allison Ochs Ann Kjerulf Judy Rodriguez Tom Moorhead t". september25,2ooo there was an easement between Lots 8 and 9 that would address that issue. He said they were requesting a preliminary plat approval with proposed building envelopes. Galen Aasland asked if the public had any comments. Canoll Orrison, the guardian of the owners of Lots 9 and 10, said they all agreed that this was the best way to go. He said landscaping was required to be kept in native form 10 years ago when he built his house and he would request the same from this applicant. Doug Cahill asked about the original access to the lots. Dominic Mauriello said there was a requirement that it be a joint access. Doug Cahill said he was concemed with the length of the road and passing on a 12' driveway with the steep drop-off. Allison Ochs explained the 12'access easement. Doug Cahill asked if the original intent was to have the development sites as proposed today. John Schofield echoed Doug's @ncern with the road and it might drive the applicant to consider a larger driveway. Dominic Mauriello demonstrated the revegetation, grading and Fire Dept. requirements and said that the retaining walls would preserve more of the hillside. John Schofield asked for a more detailed retaining wall description by the next meeting and would also like to see the utility plan and revegetation plan. He did say that they were meeting the intent of the Code. Diane Golden said Doug's point about passing was a good point. Tom Weber said it would be in their best interest to show the amount of disturlcance. He said he would not like a real steep-cut look with the retaining walls and would like to see roadway cut sections. Brian Doyon said the turn-around was critical. He said this was an ugly development up on that hillside with the large retaining walls and he would like it tapered down a little bit and the road mitigated as much as possible with the rock outcroppings as retainage. Chas Bernhardt said the driveway would go through the same contortions with a subdivision or not and stated that the rock outcroppings were really beautiful and would also like it revegetated with the natural species. Galen Aasland agreed with what his fellow commissioners said. He said he would not like an applicant in the future to come in and use a subdivision to gain square footage and thought requiring the applicant to have an EHU was an unfair burden. He said we should look at this property consistently with other properties and not put it in never land. He said he also had concems with the site walls. Planning and Environmental Commission Minutes SeDtember 1'l . 2000 S'". september2s,2ooo Doug Cahill asked to see what the guard rails and lighting would look like. Dominic Mauriello stated that would be for the DRB to review, but we could show you a preliminary plan. He then summarized the PEC's concems; the width of the driveway and competing objectives. He said this development encourages building which the Zoning code encourages. He said they had tried to adhere to the Town objectives and that of the neighborhood. He said they could show a 20'drive up to the site, but there would be a lot of disturbance and he asked if this was something the PEC would like to review even though the owners intend to build a 12'driveway. John Schofield said if someone wanted to add an EHU, it would be real expensive. Galen Aasland said he would like to see some passing zones. John Schofield said this was a unique circumstance, as you don't see driveways that long too often. 2. A request for a variance from Section 12-6D-6 of the Town Code, to allow for the addition of a garage and GRFA in the side setback, located aI2992 A Bellflower Drive/Lot 10, Block 6, Vail Intermountain. Applicant: Planner: J.P. O'Brien Ann Kjerulf Ann Kjerulf gave an overview of the staff memo. Ann said the application was complete and in conformance with the Town guidelines. Galen Aasland asked George Ruther if the applicant had standing to apply for this. George Ruther said, yes. Galen Aasland asked if the applicant had any comments. J.P. O'Brien said the current parking was hard to use and the neighborhood had changed over the years, so this had to be done. He said this will be the first winter when we wiff not have street parking (rcfening to former pafuing arca on the Huerta prcpefty which is now being developed) and he said he feared collisions. He said the request for the variance was necessary to avoid changing the current grades of the driveway. He said he needed to build a 20' retaining wall and because of that, it made sense to add GRFA. He said emergency issues needed to be addressed, as the cunent parking situation was designed tor a 1972 neighborhood. Galen Aasland asked if there were any public comments. Fritz Allen said he has owned his half of the duplex since 1988 and that the applicant was trying to take away his site coverage and that he didn't understand GRFA. Ann Kjerulf explained GRFA.and that each side of the duplex could potentially add up to 250 square feet of GRFA. Galen Aasland explained GRFA. Planning and Environmental Commission Minutes Septembsr 11 , 2000 t". septemberzs,2ooo Fritz Allen said 8 years ago he and Kevin Deighan had come in to the Town of Vail to add and employee housing unit over a garage and they were told that they couldn't do it. He said he was 100o/o against his neighbois proposal. He then passed out a letter from Russ Fonest explaining when two signatures were needed and said that his neighbor needed his permission to build a garage. Galen Aasland said this was not an issue for the PEC. Fritz Allen said he never knew about this proposal. John Schofield said he read a letterfrom Fritz Allen whicfr explained that he did know about the proposal. Galen Aasland said that since this was a heated issue, we would like the Town Attomey's opinion, as we didn't want to get into a confrontational situation. He said he didn't want Fritz to address whether the applicant had standing to apply for this at this time. FriE Allen said just because J.P. O'Brien came first, wasn't fair regarding his site coverage. Fritz Allen said that he owned more of the lot than Mr. O'Brien and so he should get the site coverage. Tom Weber said site coverage wasn't divided up with you (Fritz Allen) getting 607o. Galen Aasland requested that there be some kind of organized fashion to this discussion. Fritz Allen said the Town Council said it was 600/o and his neighbor was renting out his home and this was getting out of hand. He said his neighbor was creating more space that he could rent out. He then said, 'What is wrong with this picture." He said his understanding of what Russell said was when property owners were not in agreement, the PEC wouldn't grant this, as disagreements should be worked out before they come in. He said he was also 100% opposed to trees being cut down. Brian Doyon asked how long he (Fritz Allen) had lived in the house. Fritz Allen said since 1988. Brian Doyon said you (Fritz Allen) haven't lived in the house since 1988 because I (Brian) stayed there in 1996 and you (Fritz Allen) weren't living there at the time. Ftitz Allen said he had lived in it all but 3 years, since 1988 and that his neighbor was creating all the pa*ing problems. He said he would fight this tooth and nail and he would hire an attomey, as he should have been advised. Paula Allen asked about the space above the garage. Ann Kjerulf explained the space on the second floor of the garage was intended for storage and because it was greater than 5 feet in head height, it had to be counted as GRFA. She said it was not taking away floor area from the neighbor. She explained that site coverage was limited to 15% of the site. She said a second garage would require a variance and that the applicant would be using up most of the site coverage, Planning and Environmental Commission Minutes SeDtember 11.2000 t.. September25,2ooo but not all of it. Paula Allen said she just wanted it to be fair for both neighbors. Russell Forrest asked if there were site coverage variances in the past in this neighborhood. Ann Kjerulf said yes there had been site coverage variances granted in the past in this neighborhood and that variances had also been granted for garages and GRFA in setbacks and referred to the map that had been included in the staff memo. Galen Aasland asked Tom Moorhead if he was familiar with this application. Galen then said that, for the record, Mr. Allen had called him and he had directed him to call Tom Moorhead. Galen summarized that this was an A/B parcel with only one signature needed on the application and asked Tom if this would give Mr. O'Brien standing. Tom Moorhead said the Community Development Department had acc€pted this application and he had no reason to question that acceptance. He stated that it was difficult to predict the future so it was necessary to apply the guidelines that are in effect at this time. He said that the Town Council, whenever they adopted an ordinance in the past, had honored applications that were in effect beforehand. Galen Aasland mentioned that Brian Doyon had lived in this house in the past and asked if Tom felt there was any conflict. Tom Moorhead stated that just having contact with the location doesn't put him in a conflict and that it would be up to the individual Commissioner to make the call if he felt there was a conflict. Brian Doyon said that there was no conflict. Chas Bemhardt said it didn't make sense to put the garage that far back. He suggested both owners building a garage and applying for a variance together and doing one side at a time then Mr. O'Brien could build his garage right away and the Allens could build their garage whenever they had the money. He said this would be a win-win situation. Fritz Allen said years ago he was willing to deed restrict his house and put in an EHU. He asked what would they do for parking in the interim. He said he had site coverage that he owned and to him it meant talking about a third parcel. He said it should be that we both have to sign off on the application. He said this 100% affects his property values and his property and that is why the Town Council is changing this. Chas Bernhardt said he must be frustrated and that a C parcel is commonly owned- Tom Weber said we have to take this on what is legal today. Galen Aasland said we would take a poll on whether the applicant has standing. Tom Weber said, yes. Brian Doyon said, yes and stated there was no reason to table this. Planning and Environmental Commission Minutes September 'l l , 2000 5 S"". september2s,2ooo Chas Bemhardt said, yes. Doug Cahill said that at the present time, it did meet the requirements. John Schofield said that under the current regulations, the applicant has standing and the PEC cannot do anything based on something that might happen in the future. Diane Golden said the applicant had standing. Galen Aasland concuned with his fellow Commissioners. He said at this particular time, we were empowered to do what the ordinance says at this time and he summarized that all the members felt the applicant had standing. Fritz Allen said he agreed, but said it doesn't mean the applicant had to get it. Galen Aasland said we would now go to the Commissioners. Tom Weber asked if the grading was done by an Engineer with an Engineer plan laid out. J.P O'Brien said only conceptually but the grades had been reviewed by the Public Works Department. Tom Weber said this application impacted the trees on the east side of the lot very significantly and the trees were significant enough so the garage needs to taken out of the side setback and that affecting the grade on the other side is not acceptable. J.P O'Brien said he moved the gange as far as he could to comply with Town of Vail requirements and to move it further to the west is impossible as he was under extreme space and grade constraints. He said he planned on planting four or five new trees. Tom Weber said he had a valid argument, but there was a lack of engineering documents to support this. Brian Doyon said the trees can go if they were replaced foot for foot and he would recommend this as a condition. He said the driveway sucks, but anything to improve the parking and get cars off the street was a step in the right direction. Ann Kjerulf said the applicant would be providing two parking spaces which would bring the proper$ into compliance with the Town's parking requirements. Brian Doyon said he was in favor of this, as it was a good improvement and he understood why Mr. O'Brien couldn't move the garage further to the west. Chas Bemhardt agreed with a part of each Commissioneis comments and said that this would affect the trees to the east but if he moved the garage to the west, it doesn't meet grading requirements and so this proposal creates other problems. He said if this was moved over, it wouldn't affect your neighbo/s trees. He said he thought this proposal could be improved, but the applicant would have to get together with the neighbor. He said it does meet the criteria for a hardship. He said he would have to approve this, although he thought it was a poor proposal and should be tabled and come back. Planning and Envitonmental Commission Minutes September11.2000 ;h"". september 2s, 2ooo Tom Weber said in the past GRFA was kept out of the setback . George Ruther said we try to encourage applicants to minimize GRFA in the setbacks. Ann Kjerulf said that variances had been granted for GRFA in the setbacks and refened to a map which had been included in the staff memo showing properties with setback variances for GRFA. Tom Weber said he didn't want the GRFA in the setback to make a non-conforming situation any worse and so he would not be in favor of this. Brian Doyon said he had no problem with the GRFA. Chas Bernhardt said he had no problem with the GRFA. Doug Cahill said he was uncomfortable with this, although it did comply. He asked if this was bidded out and what the cost was. J.P. O'Brien said he talked to a contractor, but had no cost yet. Doug Cahill said this was a great project but he could see a better way because pushing it into the root zones on the east side put more danger to the trees. He said he thought it should be tabled. He said he would be more agreeable to use the front setback without that dangerous 22%o (driveway) grade into the property. J.P. O'Brien said he wrote Fritz a letter two years ago. He said he had been involved in this process since January and if the PEC had suggestions, he would be open to them. Doug Cahill suggested working together with your neighbor. He said he was more in favor of tabling this for a better solution. He said it was approvable, but suggested reducing the garage. He said there were a number of garages in the front setback. J.P. O'Brien said if he could squeak a third spot out, he would do it. Doug Cahill said he had no problem with the GRFA. Frits Allen said that he (Mr. O'Brien) had two units in his half of the duplex and that it was illegal. John Schofield asked how many kitchens were in the unit. J.P O'Brien said there was one kitchen. John Schofield said one kitchen constitutes one unit. He said because of the hardship, it was a no-brainer to grant this and that the special privilege issues have been addressed in this neighborhood. He said with regard to the trees, while looking at the larger plat, there was no room to work with. He thought that nothing else you could come up with would be dramatically different. He said the DRB would decide the trees and he was in support of this application. He said the PEC was bound to make decisions based on the cunent regulations, but an applicant could always go to the Council for an appeal, as the regulations do allow recourse. He said he had no problem with the GRFA. Planning and Environmental Commission Minutes September 11 , 2000 h".. september2s,2ooo Diane Golden said everybody can feel the frustration. She said the parking was dangerous, but Mr. O'Brien was trying to remedy the situation. She said she thought 4 spaces in the front setback would be the best solution. She said that this application was an effort to remedy and she had no problem with the GRFA. Galen Aasland said the PEC had to view properties if they meet the ordinance or not Fritz Allen told the PEC to do a walk-through of Mr. O'Brien's unit. J.P. O'Brien said the PEC can do a walk-through. Galen Aasland said the trees do not have to be replaced foot for foot and that in this case that would not be practical. He suggested tabling this and come to an agreement with Mr. Allen. He said the PEC can't guarantee that anyone would get a variance in the future. J.P. O'Brien said he has tried hard to work with Mr. Allen, who has been very resistive. He said he would like a vote on this and would like to go fonlrrard. John Schofield made a motion for approval, in accordance with the staff memo with the findings and with a note that the hardship and special privilege had been addressed in the staff memo. Brian Doyon seconded the motion John Schofield said a welk{hrough was up to staff and he felt comfortable that the DRB would address the trees. Galen Aasland said staff would like a condition to be added for a walk-through to be conducted before a building permit was issued. John Schofield amended the motion to include the walk-through. Brian Doyon amended his second. Tom Weber said, for the record, the garage could be reconfigured better to save the trees. Doug Cahill said that the public health and safety was a big enough concem for him. The motion passed by a vote of 6-1, with Doug Cahill opposed. 3. A request for a rezoning (from Outdoor Recreation to General Use), a minor subdivision and a conditional use permit, to allow for the construction of a seasonal ice hockey rink at the Vail Golf Course, located at 1778 Vail Valley Drive / Lot 3, Sunburst Filing 3. Applicant Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson Brian Doyon made a motion to table this until 9/25100. Planning and Environmental Commission Minutes September 1 1. 2000 ^h"", september 25, 2ooo Chas Bernhardt seconded the motion. The motion passed by a vote of 7-0. 4. A request for a final review for a minor subdivision to allow for the reconfiguration and replatting of two existing lots and the rezoning of Lot 16, Bighom 2d Addition, from Agricultural & Open Space to Two-Family Primary/Secondary Residential, and the rezoning of Tract A to Natural Area Preservation Distric1 located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighorn 2nd Addition. Applicant Wilson Family Trust, represented by Jay Tschimer, First Land Development, LLC Planner: George Ruther TABLED UNTIL SEPTEMBER 25, 2OOO Brian made a motion to table this until 9/25/00. Chas Bernhardt seconded the motion. The motion passed by a vote of 7-0. 5. Information Update George Ruther said the Town Council invited the PEC to have lunch at noon on 9/19/00 in the Town Council Chambers for about 1 Yzhrs. to discuss changes to the code. George Ruther asked for help in contacting anyone who might be interested in serving on the DRB, since we had no applications for the 6 month vacancy that the PEC rep left and the deadline for applications was 9/13/00. Tom Weber suggested calling Brent Alm . John Scftofield made a motion to adjourn. Doug Cahill seconded the motion. The motion passed by a vote of 7-0. The meeting adjoumed at 4:30 p.m. Planning and Environmental Commi$ion Minutes September l1 . 2000 J.P. Ots|fen, 303-7..-221lr Gl), 970479{212 M Iot Ann l(terulf Frpm: J,P_ O'Brbn 7 970.4792452 PtgE: 4 F[to|} 970.479.2148 Drtc: 09D7rOO 29* Befiflswer- Letterlo F. Albr Pakirg @r tr Urgrnt X For iovlail O Plo$ccomrnnt qH|rre RlCy E*n n=yd. . Cnnnr.ntr,. Aq Athadpd is my 11198 bftor to F. Afen regarding irpro'/ernents b lfiB Bellflorn€r prcperty h qrestidl ( | can br€ckgt dE of rEcaipt if conbEH ) ard a ffi ogbnation of iasuea disdrss€d witfin. Pl€qs€ nob, althu,qh it do€s mt dirruly pertain to the issrF at hfld, hx does pertain to *nrar*er isrues, lhatlhe amirg d6q.($secl tn t{s letbI is sli[ urrepaircd (3 yefls afier the *arnagts occrln€d), in EtE of the ffi that | ffircd to pay h€lf of he r€peir @sts (wrth rn legal oblEalion b do so) and fid tte catrso of he damaqe can be dilEc0y lhked to lr/tr, Ailenb farhne io renpr€ s.ron, cff hs loof wfrils he was rentirg it {coincl{ng with wir€n | firS borght my half of the dupl€x) I hane rd trrg.Ed this lssue fly fr.fttEr because a So0O isslre is nd worfi Ur6 pdenlid cffits ot ftigiion, urmnuhaeiy rwair aosFT;/e nsn si$tticantlr',b inadim and furfiq u;dfler relabd degrddion 1o bruilding nEtsids. I fiaw dated pidwes and$ocunent+ wttidr I wrll brng if lhis cdfie3 upiosrrarewin TOV.- LDUt- tlrlore irnportantt, ald wtry I shfle this lefler with you, cryer hno years ago I prrpos€d (see ' madecl 4€a on page 2 of le0*) a nuh.dly berufic*il eolulion to t|e pdong Fslefn a or-f, csidence ( lotref ths €ntirs pdkrng plahrm b sbeet lerr€l ) hX to dde not aclion lus been taken tvf. Allen h resolving any of tlE issilE ctisanssed in this letler in a rnutrally Mcid nranrer (or * flc b€st, iairly)- Quila b ilre confaty, I cryne home d?e \i€el€nd (11/99) b find 4 enti|ely nevv rlorE r€iainirq u,ell on l',r, Allv/s goperty n place wihon *ry rptho b me or, as F as I krrcu, b To\r. As rnstiornd in rhe a&ched lsfrer (agitin I have daled pictrcs sf) tho rehining nall on Mr. Allen'g property ws ahut lo cabsfqhically liil, he a,erftraly npbced ard irprot ed the aea bd witho-d rny know@e, let elone dsanssion, agre€msr( o apprwd, rd poEnthlly €rXy d.c b hls sfirent atnDttton d sdling his prop€fly. Ho@.rlly re can discrs frer atd ffir pdnts d tP igsues at hatd b&e 2:00 ificnoryl f[ gi\,e you a ca[ ttlonday mcrirg. Regsds, JP -? trd r,luIs:za a66z Ba 'dds ESaA+f5g+tAE : 'Bl.l fN0l-ld :nIS ONn-#LJnS -'I-'IIJONU-'] Adflo-l : l,l0dl >J.P. O'Brien 4O3 S. Downing Denver, Co 80209 November 1S, 1998 Fritz and Paula Allen P.O. Box 216 McCoy, Co. 80463 Dear Fritz and Paula; The intent of thi$ letter is to update you with some additional information I have obtained in regarde to the duplex we co-own in Vail in a clear and docurnented manner- I have gathered this information and convey it to you in the spirit of cooperation and hope we can move fgrward with some necessary repairs in a productive and business-like manner. Funher, I have enqlosed several attachments, I include them for your review so that you can see what I am basing the slatements contained in this letter on. First off, t would like to ha>e the awning ovcr the front stairs repaired, and will share the cost of having these repairs done evenly with you. Enclosed es attachment 1 is a bid sheet I had prepared in order to €stimate the co$t of performing these repairs. The estimated total repair cost ranged from $1,20O. to approximately $1,600. dependant upon how.much material can be reused. Thus, the repairs will range in cost from $600. to $80O. for each of us. I hope you will agree that these repairs need to be done. In order to eomplete these repairs please co-sign and date the proposal below my signature and send it back to me along with a check or money order made out to Rusty Spike, for $30O. This is 25% ot the 5O% pEyment due to start the work, I will enclose a check for $3OO. and forward it to Rusty Spike so that they may schedule the repairs. lf you need to send this to your insurance company lor approval, or would like to take some other course of action to accomplish these repairs pfease let me know what your intentions are at your earliest convenience and I will proceed lrom there. Further, for the record, and solely for my own information, I had an attorney look at our covenants and party wall agreement, I have enclosed excepts from the letter I received from Ms. L-arsen as attachment 2, Ms. Larsen is the attorney I retained to look into this. Her independent conclusion is stated on the letter I have enclosed. Although her conclus(yr was that 'the repairs to the entryway ar6 enrirely Mr. Allen's responsibility" I choose to share these costs with you for several reasons, namely I prefer to work with you in maintaining our duplex and do not want to verbally split hairs with you or possibly go through litigation over questions of 1 ed Lktas:lB B60a 86 'dtss 8Sl8+r69+tAE : '0N 3NOHd 31tS CNnldSdls .l-llJONU-] A8flo-l : l.loul Please let me know if you would llke to proceed with repairs to the entryway awning either an the manner I have outlined or by some other method. and if the solution I have outlined fot maintaining the repaired entryway structure is acceptable to you. Further, if you have any information that indicates any of the above information is incorrect, pleas%,share it with me at your earliest convenience and hopefully, if need be, we can wfrk something out berween oursetves. At this point I would prefer that you convey your decisions and thoughts on these matters to me by letter, I believe this will help to eliminate any misunderstandings between us, Sincerely,,r_ N"b'B^__ \' J.P. O'Brien > > td l^tuEs:za aaBZ 88 'dES Bgt6+f69+EEtS : 't[.t fN01{d ilrs (Nn43cg-E -l-lIJdNU"l A}f'lo"l : l,lDJ negligence or whose responsibility these repairs are. As for continued maintenance of the enrryway awning, I will try to remove snow, when needed, from areas on both our sides of the roof rhat may potentially fall and impact the entryway structure. Unfortunately, my work occasionally requires tfavel out of the state and/or out of the country, sometimes for months, tharetore I cannot guarantee that I will be able to remove snow from the roof at all times when it is needed. However, I offer one possible solution: when out of the state for an extended period of time I will contact either yourself or a snow removal contractor to assure the roof gets shoveled and the entryway remains undamaged, I only ask rhat you sh3re the snow removal duties, or the potential cost of having a contractor perform the work when I am out of the state for an extended period. I hope you find this to be agreeable. lrr light of the fact that the continued maintenance of the entryway roof falls evenly on bt:h of us, being a shared structure, I feel my offer to be at the loast fair. I have also contacted several attorney's in addition to Ms. Larsen, Town of Vail {TOV) personnel, and my insurance company for information regarding repairs to the retaining wall on your side o{ the property, and the parking easement that runs through both our properties. I also had a bid prepared for repairs to this retaining wall, and have enclosed it as attachment 3 with this letter for your information and reference. My professional experience as an engineering geologist, and conversations with the bidding contractor, suggest thet it will be significantly msre costly to repair this retaining wall after a failure has occurred. Also enclosed is the letter, as attachment 4, I recently received from my insurance company regarding repairs to this retaining wall. The result ol their investigation is outlined within this letter, namely that we are separately responsible for repairs to retaining walls located on our respective sides of our properties. My insurance aompany also tells me that separate responsibility also applies to any damages caused by a failure of our respective (etaining walls. Fufther, conversations with land attorneys and roV personnel revealed the following in regards to our parking easementr the area of land within the parking easement has been set aside fo6our common use, and any upgrades to this area by either party does not in any way infringe upon the right of the other party to use thii area for parking. ln my opinion our parking area needs to be expanded and/or othetwise upgraded. I also realize that you may not agree with this statement ot may not wish to upgrade your portion of the parking area. lf this is the case we do noi need to discuss it any further. Within the next few years I will probably expand (widenl my portion of the parking area, which will in no way interfere with'your "right of accommodation, or right of pa$sage' in the easemrni ar"u. lf vou would I like to work together on upgrading the parking area I am certainly open to iisiu""ins I it further with you, i,e. it may make more sense to excavate the wtroie ut.u io*n ti I street level and rebuild our respective retaining walls. t Ed HUaS:ZA AAAZ 8A 'das asa0+f69+t6t : 'oN lNoHd :ttls cNnldfdns .l.lllflNu-l Alf,lo-l : l^108-i June 21, 2000 Town of Vail Community Development Dept. Vail, Co. Director, My name is Francis (Fritz) Allen, my wife and I own one half of a duplex located at2992 B. Bellflower in Vail. I am writing this letter to make you aware of concerns we have with a proposed project our neighbor (other side ofduplex) JP 0 Brian has planned. He has requested a variance for the purpose ofbuilding a garage. I came into you offices and spoke with a planner and as I understand his proposal of building a garage on his side of the property, it will effect our side as it relates to sitez coverage of the lots combined because we are a duplex lot. If this is true we are l00o/o opposed to this project as it would limit us from doing a project similar to his proposal at any time in the future. We will consider this matter closed as we are sure you cannot approve any building o permits unless all affected parties / owners approve ofthe proposal. ' We look fonryard to hearing from you. Sincerelv. 4Afi 44,.,*. Fritz Allen " TOWT'IOFWN Depofircnt ol Comnuity Dcve lopmcn I 75 South Frcntage Road Vail, Colordo E1657 970-179-213E Fp( 970-479-2452 wwtt ci.vaitr.co,w July 13, 2000 r). 2). Fritz Allen 2992 B. Beltllower Dr Vail, CO 81657 Re: Proposed carage lor Lot t0, Block 6, Vail lntermountain / 2992 A. Beilflower Dr. Dear Mr. Allen: The pu-rpose of my letter is.to address your concems regarding a garago that your neohbor, Mr.J.P. O'Brien, has proposd for Lot 10, bocr e, viit tntermountain I N2 A. Befifrower Dr_ Mr' O'Brien has expreesed ? strong interesl in creating a parking aroa on his portaon of the lot and Ias submitted concopruar ptans foia derached sarad._ d;Ap,il 5fr, zo'oo, irrl-oesign Review Board reviewed thase oonceptual plans ano oetiimiieo that fi;re ar;;ig;iiiinr site constraints on the rot which warnnt a detached garage (a garago sepanted trom a fivaring unnl. To date, Mr' O'&bn ho ryt submittedJinar prans for the proposod gaiage and has not receivod linal approval lrom the Design Review aoerd ln addition, he has not requesled any variances.FT"!9" the community De-nelopment oepirtrenittas not receiwd tinal plans, ther' is no indication as to wheth€ror not any varian;s wi, b€ required roi*t" propilo'&oo*. lf final plans are submitled and staff determines rhat a \rarianc€ is requir€d, you will be notitied in accordance wi,n th€ Town c_ode as an aa;acent floplny ,rwner. fitfrorsh, ih-E-re ;s i;o requirement to notity adiacent propeny ovvnerc oi rjSsig;l R*ie* til;;;iJ.i, *" wilt noti,y y.u of any submittals or hearings r€ga'fdin-g this appltafion. with resp€ct to the availabl€ site cororage on the lot, this can only be accurately determined onee a ropognaphic surwv ror the enilrelot has beEn submitted. rith; "*-riliop" is greator than 3@/o, sits cowrase (tigitu aootprr"i iil"iiili.i,rga t" r5% or ror arealapproximarery g60 sq.fl.). ll the averagp sboe is.bss rhan SOj6, iit;r;r,rsra_go cian not ex@ed 207o ot lot area (approximarety 880 sq.ft.). , tr b my und€Tstanoing-t-har Mi. dar"'i,i;fi;;;;". or havins a survey ot the lot completed. oncd a survey irsuLmineo.srar wiir maro inl'detirmination ol how much sile covorag€ is avallable on rtre proiertvio] oirelcpment. 5). 4). 5) Jl' into lwo b). 3f;;."'" otoool falls enrirety on his side or ttle parry As pmmised we harre also lp-"j?:f-Tr qo|icy reganding prcperty otvner signatures on appticarions rhar wilr urilize roor.area or iite c6vJial6 on aoupre'x ror. rurliiJvGwrno r 'otjiei-orffinoin. ffi :l::tr,H,3;:*g::;';g1;ttl;"{il;X',;"ff tuilH"ffiJff l"ilil]"lg',*",#,1 jxfl ff *xxll"sr"1":q,i#&t,tf, ilLff##EfJail!,",,t ensum.the size of the_struaurc is in uarancs w_iliielsq q,,e r|lts, rioyBrage reguhtions is lo regutations,-inir," -"t"^iir a duorex lnr rannrrnrra .-lt:jln:,:1t11? Pronerty' Qur zoninL As you indicated this policy has the potentiat to.stlll result in conflicts b€lwe€n property owners and the Town' I share yodr concet'ano youu riie r'i rirr[*-liii"r"u"r ot poricy oprions wirh rhe 1' Town council' twltt corimiiriffi;lft rsuc wittritre-iJwirtoui.l *nnin rhe nexr g0 days ro ' sfiilTj!|l,]r"resr in chansins ouieorci. I;iil#;,o;ii,n"n" vou ro rhar discussion in the context of a 8).lhe PlannirE and ex. r topaffiEEpi Russefl Fonest Director of Community lleralopnrent x.c. Bob McLaudn Tom lrfoorhead Geoqe Ruther Ann (iorutf Frodev\B USS:\LETTE RS\ooLET\ailen. doc the entare site ttrat itre is built I you do not wish to wait for a discussion with the Town Gouncir, and an DBB apprication is l1b[,,Ig,j9tle garago, you may appeat the staff d6rsnn rsoardind a... i^.r,r.r -i^_^..._-. 'rups ',r! r€D prsvropq you a bettgrunderstan_cfirp or the siiuation. vJu may wsn to Inwstigate any privat€ correnanti or decfanfnns eifitng onthe Foperty, as the Town o, Vail oo€s not recognize those docrrments du"nS ffi;;ilopmeil revbw process. llfit l#r?Hclarirication of these lssues or ha,e turther quesrions, prease reer rres ro @nracr Var# Date Type Address Var-00-01 Var-00-03 Var-00-1 1 Var-00-13 Var-00-19 Var-99-08 Yar-99-22 Var-99-23 Var-99-25 Var-99-26 Var-99-33 Var-98-11 Var-98-12 Var-98-'l3 Var-98-21 Var-98-27 Var-98-28 Var-98-32 Var-98-33 Var-98-34 Var-98-35 Var-98-36 Var-98-42 Var-97-03 Var-97-05 Var-97-09 Var-97-10 Var-97-14 Yar-97-17 Var-97-20 v Var-97-26 Var-97-38 Var-97-45 Var-96-04 Var-96-05 Var-96-15 Var-96-17 Var-96-20 Var-96-21 Var-96-26 X'F Var-96-32 Var-96-34 Var-95-1 1 Var-95-14 Var-95-18 Var-95-30 Var-94-05 01t10/2000 01/24t2000 04t24t2000 05/08/2000 06t26t2000 04t12t1999 06/28/1999 06/28/1999 06/28l'1999 07 t12t1999 1 1/08/1999 03/09/1998 03/2311998 03i23/1998 04t27t1998 05/18/1998 06/08/1998 07/1 3/1998 07t13/1998 07 t13t1998 08/10/1998 08/10i 1998 11109/1998 01/27/'t597 02/10t1997 02t24t1997 02t24t1997 04/14t1997 06/09/1997 06t23/1957 07t28t1997 10t13t't997 12108t1997 02112t1996 02t26t'1s96 05/20/1996 06/10/1996 07/08/1996 07/08/1996 08/26/1996 10/28/1996 11t11t1996 03/13/1995 03t27t1995 05/08/1995 12t11t1995 02t28t1994 side setback setback GRFA/setback setback/site coverage setbacks setback setback selbacks selback setback previously granted variance setbacUlandscape setback setback selback setback setback setback setback setback setback site coverage/setback setback setbeck setback setbacks, height, placement setbacks, parking, common setbacks setback setbacks site coverage, setback setbacks setbacks setback setback parking, setback setback setback setbacks building height, setbacks setback setback, wall height setback setback setback setback setbacks 4295 Nugget Lane 1E16 W. Gore Creek Dd 303 Gore Creek Dr. Townhouse #2-C 1007 Eagles Nest Circle 5133 Black Bear Ln, 285 Forest Rd. 2038 Sunburst Dr. 3003 Bellflower Dt rp,yr5p tN Ai]N-r. SArt+*. 2427 Chamonix Ln. 2696 Davos Trail 598 Vail Valley Dr. 4214 Columbine Way 22 West Meadow Dr. 3035 Booth Falls Rd. 4192 Spruce Way 51 19 Black Bear Ln. 706 Forest Rd. 2701 Davos Trail . t,AtN_t - 2935 Besingdale Bhrd.' (Pia'in uLia.,'i (lrVl-1'- 813 Potato Patch Dr. 1241 Westhaven Cir. 292 E. Meadow Dr. 598 Vail Valley Dr. 4532 Streamside Cir. East 1034 Homestake Cir. 2099 N. Frontage Rd. West 62 E. Meadow Dr. 2049 Sunburst Dr. 2943 Bellflower Dr.{ I\)l-tvtAtqft\ t..! it-LeY '\trty'\{z 2313 N. Frontage Rd. West 1780 Siore Traif eif .J.t;?,t\,. - (^)thL.,€- 143 E. Meadow Dr. 705 S. Frontage Rd. (Lionshead Inn) 325 Forest Rd. 5165 Black core Dr. 2338 Garmish Dr. 4196 E. Columbine Dr. 2049 Sunburst Dr. 9708 FaiMay Ct. 1894 Lionsridge Loop Unil 7 2704 Larkspur Couilf liDe '.!L;t g\LL ^ qAl].rE ( ta&t-r'L,rq\ 3235 Katsos Ranch Rd. o 226 Forest Rd. 2692 Cortina Ln. 5194 Main Gore Dr. S. 2860 W. Aspen Ln. 2757 Davos Trail Var-94-18 Var-94-20 Var-94-33 Var-94-38 Var-94-41 Var-94-48 Var-93-01 Var-93-03 Var-93-08 Var-93-12 Var-93-19 Var-93-21 VaF93-24 Var-93-35 Var-93-36 Var-93-42 Var-93-43 Var-93-49 Var-93-53 Var-93-61 Var-93-64 Var-92-02 Var-92-09 Var-92-14 Var-92-15 Var-92-18 Var-92-22 Yar-92-23 VaF92-26 Var-92-27 Var-92-28 Var-92-35 Var-92-36 Var-92-40 Var-92-42 Var-91-01 Var-91-05 Var-91-07 Var-91-10 Var-91-11 Var-91-13 Var-91-14 Var-91-16 Var-91-18 Var-91-1 I Var-91-21 Var-91-22 Var-91-23 Var-91-31 Var-91-36 04t11t1994 04t11t't994 08/08/1994 08t22t1994 09126t1994 11t28t1994 01t11t1993 01/1 1/1993 02t22rt993 03/08/1993 04t12t1993 04t12t1993 04126t1993 06/14l'1 993 06/1411 993 07t2611993 08/09/1993 09/1 3/1993 09t27t1993 10t25t1993 12t13t1953 01t't3t1992 03t23t1992 04t27t1952 04t27t1992 0612211992 08/10/1992 08124t1992 09t14t1992 09t14t1992 09t28t1992 10t12t1592 10t26t1992 12t07t1592 12t07t1992 01t14t't991 03t11t1991 0312511991 04/08/1991 04i08/1991 04t22t1991 05/13/1991 05/20/1991 05/20/1991 05128t1991 06t24t199'l o6t24t1991 07/08/1991 08t't2t'1991 09/09/1991 setback setback setback setback, site coverage setback density, GRFA site coverage, setbacks selback setback setback setback selback, stream setback, de setback, wall height setback setback setback setback wall heights, slopes, setback wall height, slopes, setback density, selback setbacks, density, parking setback setback, site coverage setbacks, site coverage setbacks extension of setback varianc setbacks setback setback setback setback setbacks setback, density setback setback setback setback setback, site coverage setback setback setback setback wall height, setback setback setback setback setback setback setback setback 4295 Nugget Lane 520 Lionshead Mall Units 208.209.308. 4237 Columbine Dr. 555 E. Lionshead Circle 2427 Garmisch Dr. 1136 Sandstone Dr. 315 Mill Creek Circle 292 E. Meadow Dr. (Mountain Haus) 4582 Streamside Circle Vail Rowhouse, Unit 13 595 East Vail Valley Dr. (Manor Vail) 2129-B Kel-Gar Lane 716 Forest Rd. 1711 A Geneva Dr 705 W. Lionshead Cir. 3876 Lupine Dr. Spraddle Creek Subdivision 1398 Buffehr Creek Rd. 1398 Buffehr Creek Rd. 2854 Snowberry Dr.l Qt*q-+r+zu-. (3ireD,,.,r" 44 Willow Place 586 Forest Rd. 1031 Eagle's Nest Circle 4289 Nugget Ln. 433 Gore Creek Dr. 224 Forest Rd. 898 Red Sandstone Cir. 1793 Shasta Place 520 E. Lionshead Circle 4238 Nugget Ln. 716 Forest Rd. 20 Vail Rd. 2963 Betlflower f 5DL :iflwL' '[?c r uD1- i, 520 Lionshead Circle 143 E. Meadow Dr. 1464 Asoen Grove Ln. 64 Beaver Dam Rd. 555 E. Lionshead Circle 2920 Booth Creek Dr. 356 Hanson Ranch Rd. 483 Gore Creek Dr. 2605 Davos Trail 2642 Cortina Lane 245 Forest Rd. 193 Beaver Dam Rd. 1448 Vail Valley Dr. 5134 Grouse Lane 4708 Meadow Dr. 1901 Chamonix Ln. 224 Forest Rd. Var-91-41 Var-90-04 Var-90-'10 Var-90-11 Var-90-13 Var-90-14 Var-90-19 Var-90-20 VaF9O-22 Var-9o-27 Var-90-32 Var-90-34 Var-90-41 Var-90-45 Var-90-58 Var-90-61 Var-90-62 Var-89-05 Var-89-08 Var-89-09 Var-89-12 Var-89-13 Var-89-15 Var-89-16 Var-89-17 Var-89-19 Var-89-22 Var-89-23 Var-89-29 Var-89-31 Var-88-03 Var-88-04 Var-88-06 Var-88-08 Var-88-11 Var-88-13 Var-88-14 Var-88-17 Var-88-18 Var-88-20 Var-88-21 Var-88-24 Var-88-25 Var-88-26 Var-88-27 Var-87-01 Var-87-03 Var-87-04 Var-87-06 Var-87-07 10t14t1991 02/26t1990 03i26/1990 03/26/1990 04/09/1990 04/09/1990 06/25l't 990 06/25l1990 06/25/1990 07t23/1990 08/13/1990 08/13/1990 09t24t1990 1 0/08/1990 't1t26t1990 12t10t1990 12t10t1990 02/13t1989 02t27t'1989 02t27t1989 03t27t1989 04/10/1 989 05t22t1989 05t22t1989 07 t10t1989 07124t1989 08/1411989 09/1 1/1989 1 0/2311989 10/2311S89 03/28/1988 04t25t1988 05123t1988 06/13/1 988 06t2711988 06t27t1988 06t27t1988 07t25t1988 08/08/1988 08t22t1988 09/26/1988 10/10/1988 10t24t1988 11t14t1988 't1t28t1988 01t26t1987 02123t1987 03/09/1987 03t0911987 03123t1987 setback setbacks setback, stream setback setback setback setback setbacks setbacks setback setback setback landscape, setback setback setback, slream setback setbacks setback setback, wall height site coverage, setback setback stream setback, setback setback setback setback setback, site coverage setback setbacks setback setback setback setback setback setback setback setback setback setback setback setback, common area setback, parking, density setback setback setback setbeck, common area setbacks, site coverage setback setbacks, landscape setback, size setback, roof slope setbacks setback 3876 Luoine Dr. nla Vail Row Houses Unit 9 nla 555 E. Lionshead Circle 4242 E. Columbine Way 898 Red Sandstone Cir. , ,\ 1..1 1 755 West Gore Creek Orl ; i.jXi" x r t?t. ' t {Q-r'!j 4247 Columbine Dr. Unit #20 1879 Meadow Ridge Rd. 64'l W. Lionshead Circle 285 S. Frontage Rd. 934 S. Frontage Rd. 303 Gore Creek Dr. 124 Willow Bridge Rd. 1879 Meadow Ridge Rd. 1448 Vail Valley Dr. 3160 N. Frontage Rd. East, Vail Mount 285 E. Forest Rd. 342 Mill Creek Circle 7'16 W. Forest Rd. 1001 Eagle's Nest Circle 2920 Booth Creek Dr. 2648 Arosa Dr. 950 Fairway Dr. 2586 Davos Trail 2923 Bellflowet pt. r ii.# *itul1(' -' rx.( 5006 Main Gore Dr. 5006 Main core Dr. 141 East Meadow Dr. 3090 Booth Falls Ct. 197 Rockledge Rd. n/a Unit #6, Cottonwood Townhomes 5006 Main Gore Dr. 84 Rockledge Rd. 153 Beaver Dam Rd. 74 Willow Rd. Willows Condominiums 386 Hanson Ranch Rd. Tivoli Lodoe 788 Potato Patch Dr. 4957 JuniDer Ln. 2648 Arosa Dr. 386 Hanson Ranch Rd.Tivoli Lodge 4278 Nugget Ln. nla 1031 S. Frontage Rd. West 2271 N. Frontage Rd. West 1021 S. Frontage Rd. a nla Var-86-07 03124h586 setbacks, covered parking, a 82 E. Meadow Dr. Var-86-08 0312411986 setbacks, parking 598 Vail Vattey Dr. Vait Ski Ctub Var-87-09 0412011987 setback Var-87-1 1 0412011987 setback Vaf-87 -12 0412011987 setback Var-87-1 3 04127 11987 setback Var-87 -1 4 0511 1 11987 density, setback Var-87-15 06101 l'1987 setback Var-87-18 06/08/1987 setback Var-87-20 0612211987 setback Var-87 -21 07 113l'1987 setback Var-87 -23 07 127 11987 setback V ar-87 -24 07 127 11987 setback Yar-87 -27 11 12311987 setbacks Var-86-03 01 127 11986 setback Var-86-10 05/2811986 setbacks Var-86-1 1 05/2811986 setback VaF86-12 05/28/1986 setbacks Var-86-1 7 07 12811986 selbacks Var-86-19 09/08/1986 setback Var-86-20 09i08/1986 setbacks Var-86-23 10127 11986 setback Var-85-02 0112811985 setback Var-85-03 0211111985 setback, cRFA Var-85-06 03/11/1985 setback Var-85-09 0412211985 setback Var-85-15 06/10/1985 setback Var-85-1 6 0612411985 setbacks Var-85-20 09/09/1S85 GRFA, setback Y ar-85-22 1011 4l19BS setback Var-85-27 1012811985 setback Var-85-32 1210911985 setback Var-84-02 02113|1984 setback Var-84-12 04/09/1984 setback Var-84-1 9 0512911984 setback Var-84-20 051291'1984 setback Var-84-22 0611 1 l'1984 setback Var-E4-25 0612511984 setback Yar-84-28 08/1 3/1 984 setback Var-84-30 09/10/'1984 setback Var-84-3'l 09/10/1984 setback Var-84-32 0912411984 setback Var-85-13 06/10/1985 density control, setback 4277 Columbine Dr. Var-85-14 06/10/1985 setback, site coverage 1916 W. Gore Creek Drf nla 315 Mill Creek Circle 325 Forest Rd. 303 and 305 Hanson Ranch Rd. 356 Hanson Ranch Rd. 696 W. Forest Rd. Vail Townhomes, Unit #68 418 Vail Valley Dr. 16 E. Forest Rd. 2965 Booth Creek Dr. 1905 W. Gore Creek Drt' 2409 Chamonix Ln. 1107 Vail Valley Dr. 930 Fainivay Dr. 416 Vail Valley Dr. 2nd Floor Deck, Kiandra Lodge nla 4542 Streamside Circle East 325 E. Forest Rd. 4026 LuDine Dr. 2925 Basingdale Blvdf Bi-\ - f,e1cr.ri &1W,,t'(, 83 Willow Place Unit #1 Chair 16, Ski Mountain 2664 Larkspur Ln.t .r{.-'.'J'i *\g\\L -&-nq . KB Ranch Restaurant, 660 Lionshead 756 W. Forest Rd Units 12A,128. Vail Townhouses Ramshorn Lodge Concert Hall Plaza Bldg. nla 1115 Hornsilver Cir. 4770 Bighorn Rd. 2111 N. Frontage Rd. West 324 Beaver Dam Rd. 254 Beaver Dam Rd. 254 Beaver Dam Rd. 756 W. Forest Rd. 2508 Arosa Dr. 1967 Circle Dr. 1255 Westhaven Var-84-06 0311211984 selback. densitv control Unit 11B. Vail Townhouses Jr- Clw gr. o^*rdJ &3( %airydntu {*It3 tcYtb U,w{^ O lfs'zr, stqe, uu{,d+d,l AJt reLnoutrtl Si*e @uellL[A b"Ltau,1 tn *t-.(lvttJ< t . (r-tnicKr R4O ir," rrEM MA'AFFE.T youR I PROPERTY PUBLIC NOTICE $^""'l?F'5"1'5i,-'ilflyil.',1'jiH,"5r1Hig,,f,'.'"T:ri"lrir'""iffr^Tfi,r?r"?t$"Tirf,"* f#.?.:t util'""itteptember-1i, ioid';fi;il.ni. 'n *," ro*n o?ri"ii iirni"ip"r Buirdins. In fr,{1!if-9"*,J3.,!F#Ti:fi'i:,X11"Y3lil"Trt;?T seqior 1-2€B-s (Minim-um Lot.Fronrase) or Grove Lane/Lot i;dfi,i 2, Lion,s Ridse subdivi*t",Fi1,".;"ll en a ge, bcared et r+eiAsp"# -' AlJJi?t' Xfi::f f,;lfr, renresented bv Braun Associat.s, rnc. A request for a variance from Section . garagc and GRFA in thc side ""tb;;[,La Inrermountain. - I Appilcanr: J.p. O,Brien ' rtannon Ann lgerulf 1?f.P,q of ![e-]own Code, ro_Elow for the sddirion of a rocated et2ee2 A Belflowtr ortvllJi i'oldilr-e'. v"ir A reguest for a rezoning-(from outdoor Recreation to General Use), a minor subclivision and a conditional use permit' io arrow roi ttr; ;il,.,l;il" of e seasonar i'ce troctrey rink at the Vair Gorf uourse, tocated at lTiB vairvairey-biiJJ'jifiii'srnbursr Fitins 3. Applicent: Vall Juni Franner: grent wiloJo|ockey Association, vail Recrealion District, Town of vail A requcst for an amendment to the Ford Park Master plan an-d a conclitionel use permit, to altow Slijlli'??i$""Hll.xfE;?t?HiT;i*t*35iilnl'Fi'tE"i"3i"nillil'ri"ra,,"r"dii;d'-"i$6 ABoJiSt' yfliriiliiJ#"ckevAssociarion, VairRecrearion Disrricr, rown of Vail I ne appricetions and information abour the proposars are avairabre for pubti,office hours in rhe project g11ll"r';ft":,rJdffi "t t["-ro,,;'iiir;'i#fi,11",&"#ff j;fi!n,*rr'.'u€panment' 75 south Frontage noao. ine pii'iii i.s. invirea i" ittd^i frjii orienration and rhe s*o f',."'ny::,il?t:iill.,l**:l'i;;l; ffi,illi'"r v"irCJ,i,inii;;ii; d#ffip,ent Deparrmenr iltrt:T"ffiffi$Jlfi:"',1";;;;,,,ii5,;ff"#H,:*:1l"* hour norincarion praasE er 4re- ff fr,:},1l"^ffiJ:J"f#i3[ooif iHijll,*' 't'):uAf"vl COMMISSION APPROVAL GENERAL INFORMATION This application is for any projcct rcquiring approval by thc Planning and Environmcntal Commission. For spccific information. sec thc submittal rcguircmcnts for thc particular approval that is rcqucstcd. Thc application can notbc accepted until all rcquired information is submincd. Thc project may also necd to bc revicwcd Ly thc Town Council and/or thc Dcsign Rwicw Board. A: TYPE OF APPLICATION: . tr Additional GRFA (250) tr Bcd and Brcaldast tr Conditional Use Permit tr Major or El Minor Subdivision tr Rezoning tr Sigrr Variance E Variancc tr Zoning Codc Amcndment DESCRIPTION OF THE REQLIEST: I Qucsrions? Call thc Planning Suff ar 479-2138 lppl.rcATroN FoR pr,ANNtNc .lE*V,*ONMENTAL Amcndmcnt to an Approved Dcvclopmcnt Plan Employcc Housing Unit Oypc: ) Major or tl Minor CCI Extcrior Alteration (VailVillagc) Major or tr Minor CCII ExtcriorAltcration (Lionshcad) Special Devclopmcnt Dishict Major or [J Minor Amcndmcnt to an SDD cl tr tr tr tr u TOI'/iN OFVAIL B. 6.C. c. D. ZONING: E.NAME OF OWNER(S): MAILING ADDRESS: .22 G. F,olvN E R(S) S TGNATURE(S) : NAME OF REPRESENTATIVE: MAILING ADDRESS: PHONE:_ FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. SIJBIvIIT THIS APPLICATION, ALL STjBMITTAL REQUIREMENTS AND THE FEE To THE DEPARTMENT oF coMMTJNITv DEVELOPMENT' 75 SOUTH FRONTAGE ROAD, H. A /r-- LvJ) =o=. -?6.{. rqs6 VAIL, COLORADO 81657. For Oflicc Use Onlv: FcePud: z9 cw:J1!g_nr A.R. PEC Mccting D atct---Wf-' [J-2OQO 5l*^7+Rcvircd &!5 James P. O'Brien, PG, CPG 403 S. Downing, D,enver, CO.80209 303_764_1936 W), 970_479_8212 Nl August 10, 2000 Ms. Ann Kjerulf / Planning and EnvironmentalCommission Town of Vail Dept. of Community Development 75 S. Frontage Rd. VailCo, 81657 RE: Application for Side Setback Variance at 2952 A. Bellflower Dr. aka East Tz. Lot 10, Block 6, Intermountain, Vail, Colorado. The purpose of this letter is to seek approval for a variance in a Section (12-6D€: Setbacks) of Article D. 'Primary/Secondary Residential (PS) District' cunent Town of Vail Code, which calls for a side setback of 15 feet, along the northeastem % of lhe subject lot. The general need for the requested varian@ is necessitated by a lack of private and public parking space in this area, specifically at the subject address, and my obligation as a homeowner to provide adequate parking spae for the structure's continued use as outlined in Seclion 12-6D-11: Parking, and other sections of the Tcnrn Code, without unnecessary physical hardship. The lack of parking is caused in part by recent development on adjacent lots; the steepness and poor design of my cunent parking area (-20o/o grade, constructed before TOV Code was applicable); significant accumuhtions of plored and unplorcd snor in this area during the winter; difficult ingress and egress from Bellflower Drive; and a lack of interest by the property co{wfler in improving the common parking area in a mutually beneficial manner (e.9. lower / excavate the cunent shared drive way area to street level). Specifically, the requested variance is needed due to the steepness of the area available for improvement (i.e. a parking area), as shown on Plate SD1 and the existing topographic survey on file with you, the cunent driveuay configuration, and street elevations, all require that a parking area must be located as far to the east (8 feet within the side setback) as possible in order to provide navigable grades for ingress and egress to the structure with out altering the grade of the existing parking platform. The parking platbrm will be at an elevation of approximately 7837 feet so that it may be accessed without any alteration to the cunent driveray area. Further, the original 5-foot easement and 2 additional feet of side setback I easement space will not be occupied in an efflcrt to preserve a spruce tree on the northcast comer of the lot and to keep excavation ac{ivities away from a pipeline (sanitary / samge?) that runs through the original s-foot utility easement, as shoryn on Plate SD1. The variance is requeted br a lec{angular area approximately 19 feet long and 8 feet wide, as shown on Plate SD1. This space and adjacent areas to the west on the subjec't lot will be used to provide a much needed 2 car parking area and garage. All of my neighbors cunently enjoy adequate private parking, during the winter months, although legally entitled too; I rarely have access to parking on my property and have been parking across the street t 0F3 on a lot where previous olners and I have historically parked, but where development is cunently undenray. Although I do not rclish the additional financial obligation or time commitments this pro;iect will require, I will gladly make these expenditures because I believe it will provide a needed and necessary property improvement given the increased density of housing and trafftc in the area. The attached plans (Plates SD1 and Al) have been developed to assure minimal visual impacts to the neighborhood and especially to my nearest neighbors. Engineering specifications and construction schedules will be submitted for further revievrr upon approval of this side setback variance request. All planning and construciion work will be performed under the supervision of myself (Senior Geologist, Parcons Engineering Science, PG, CPG), qualified engineers, and/or my designated foreman to assure all proper engineering specifications and good construclion praclices are met. State of the art best management prac.tices will be followed to provide adequate drainage, erosion @ntrol, landscaping, and to blend the garage structure into the sunounding hillside in an aesthetically pleasing manner. Given the platform elevation, and due to the steep slope, the inner or southem back end of the excavation will be approximately 18 feet deep and will require a reinforced, tree draining, retaining wall of approximately 20 feet in height (Plates SDI and Al). The eastem and westem sides of the structure within the excavation will require reinforced tree-draining concrete retaining walls, from approximately 20 to 8 feet in height. In order to utilize this largely concealed space a small second floor storage area will be constructed above the parking area. The east and west walls of the second story will be up to 90 percent belcnr grade to the south, and would extend 2 to 8 feet above grade ftom south to north or ffom back to the ftont (stree$ side (see Plates SDI and Al). Portions of the east and west walls that are above grade will be finished with materials similar to the house (log and stucco finishes) and / or the sunounding area (grass sod, shrubs, bushes etc.). The log portions of the east and west walls will also feature 2 by 4 foot clerestory windoms to allow for additional natural light wfrile further preserving the privacy of my eastem neighbor (note that the two large trees to the east of the structure, as shown on Plate SD1, largely block any vierrra of the structure fom the east. The roof of the struclure will be nearly at grade on the south side closest to the house, will extend out at this elevation (and slightly up at a very low grade to provide positive drainage) and will be coveled with topsoil and seeded with native grasses, wildflonrers, or sod, further rcducing visual impacts and blending the struc{ure into the hillside, wtrile also providing a needed flat fiont yard area, as shorn on Plate 41. The garage structure will be located entirely on property I orrn and outside of the front parking and original 5 foot utility easement, access to the parking area will be through the existing front parking easement, as shown on Plate SDI and 41. The front of the garage structure will be set back approximately 45 feet fom the roadway (Beffflorter Dr.), and between approximately 22 and 14 feet from the existing drivalay, as shown on Plate SDI and A1. The ftont of the garage will consist of one garage door, remaining surfaces covered with stucco to match the house. The front of the second story will feature an exterior log finish, a 4 W 1g-foot deck, entryway and windortr with street vieus (as shovwr on Plate SD1 and A1). The wooden stairway to the deck and entryway ZOF3 willdrop down ftom the existing rock tenace at elev. -7854 (sho,rm on Plate SD1) along the westem walf and slope to the deck atebv. T&7. These plans have been developed in order help solve a chronic parking problem in this area and to improve the 2992 A Betlflower property to a standard consistent with neighboring drruellings, while minimizing visual impac'ts. Attachment 1. contains a list of address and names of my immediate neighbors, they are: 81620 property on Basingdale RD, 2995 Basingdale has no orvner listed with the Eagle County assessot's database. I have also included stamped, TOVstaff. envelopes to these individuals for notification by and at the September 11, variance request I look forward to meeting with you, prior meeting, if you have any @mments, or ontact me at one of the numbers listed additional information prior to that, please Thank you firr your time and Best Regargls, A o'B^",^- \ J.P. O'Brien (po*t1tr4,Ptu, o + DrirJruA ? Q.Boy lgb+ 0*lr,eo ?tttu{t: 3 oF3 _ p"gtq Counry _ Assessor Database TaY Arhry|lt^ti L Assessor Property Detail Account No:R005135 District: SC127 Parcel Nb: 210314310012 Owner Name/Address ALLEN, FRANCIS E. & PAULA M. 2992 BELLFLOWER DR #B vAtL. co. 816s8 Situs Address Street No. Dir No# 002992 StreetName Sufiix BELLFLOWER DR Condo Name Condo Unit Subdivision Name MERCO TOWNHOUSE << Menu >> IGsleGaie!:t1qen1&ble o{eotllsnIsl lGolq qaWU Bg$aurels Table ollConrentsl [Go to News T'able o1'Conlentsl [Go to VcUors/Reloeerlots_T4bla o] tatrtet]l$J Values Land Actual Land Assessed 38,540 3,750 lmprv Actual lmprv Assessed 154,430 15,040 Sales Book PEge Reception# Doc Fee 0491 0033 6.90 Sales Date Sale Price 09t12t88 69,000 Sibling Account Number Page I of 1 email eagle county: stafll.@eagle-county.c,q.nl Copyright @1998 Eagle County Site Produced and Maintained by tlr[& rasnuq]4a*eliq_& ndyg1i$lg http://coldfusion.hill-tashiro.comlhtdocs/eaglecounty/ass.../displayRec.cfm?accountNo=R005135&reclistPtr 7 /28100 Assessor Property Detail Account No:R004955 District: 5C127 Parcel Nb: 210314310010 Owner Name/Address BERNARDO, ELISA JEAN 2982 BELLFLOWER vAtL. co.8't657 Situs Address Street No. Dir No# 002982 Street Name Suffix BELLFLOWER DR Condo Name Condo Unit Subdivision Name VAIL INTERMOUNTAIN DEV SUB Block Lot Eaglg County - Assessor Database - ]ay o Values Land Actual Land Assessed 77,080 7,510 lmprv Actual lmprv Assessed 136,190 13,260 Sales Book Page Reception# Doc Fee 0462 0855 9.90 Sales Date Sale Price 05t13187 99,000 Sibling Account Number Page 1 of I 12 <S Me-nu -) [Qg to Govemment ]lable o1'Contenls] [Go to Counly Resolusgs_T4bls_aflqruutsl [Go to News Table o1-Corrtentg] IGO tq, ViSltors/Relocator email eagle county: staff(Oeatle-county.cont Copyright 01998 Eagle County Site Produced and Maintained by Hill & ]'ashiro Marketing & Advertiqllrsr http://coldfusion.hill-tashiro.com./htdocs/eaglecounty/a.../displayRec.cfm?accountNo:R004955&reclistPtrl 7128100 Eaglg County - Assessor Database - ]tay Page I of I Assessor Property Detail Account No:R004575 District: SCl27 Parcel Nb: 210314307009 Owner Name/Address GOLDSTEIN, JOHN H. 2983 BELLFLOWER DR vArL, co,81657 Situs Address Street No. Dir No# 002983 Street Name Suftix BELLFLOWER DR Condo Name Condo Unit Subdivision Name VAIL INTERMOUNTAIN DEV SUB << Menu >> lGo to Goverr:.nell fablc ollCorrtenld [Go to e o:ru1ti&claurggs lebleo{loltellrJ [Go to News Tab]e oles$enbl fGo to Visilo.rsiBeleedgnJablg of Contentsl Values Land Actual Land Assessed 77,080 7,510 lmprv Actual lmprv Assessed 322,570 31,420 Sales Book Page Reception# Doc Fee 0611 0304 22.38 Sales Date Sale Price 06/10/93 223,800 Sibling Account Number P011587 email eagle county: srafT{Aigle-caully,call Copyright @1998 Eagle County Site Produced and Maintained by Hdl & JaShUs-!4glLqltltg & A4ygttilrllg http://coldfusion.hill-tashiro.comfrtdocs/eaglecounty/a.../displayRec.cfrn?accountNo=RO04575&reclistPh--2 7128/00 Fagle County - Assessor Database - Ttay Page 1 of I Assessor Property Detail Account No:R004265 District: 5C127 Parcel Nb: 210315401002 Owner Name/Address HUERTA, GUILLERMO G., SR & GEMRDO C/O DEAN JOHNSON MNGMT PO BOX 1529 AVON, CO.81620 Situs Address Streel No. Dir No# 003003 Street Name Suftix BELLFLOWER DR Condo Name Condo Unit Subdivision Name VAIL INTERMOUNTAIN DEV SUB << Menu >> [Gs ls Qovmnrue:r1,l"a-ble ot- C--],pnFntcj [_G-n ts Courr!1 Rgqoulces TAbl"A sf ConIeUtSl [Gp,!s News Tahle cf C]ont-enlil Values Land Actual Land Assessed 77,080 22,350 lmprv Aciual lmprv Assessed Sales Book Page Reception# Doc Fee R68521't 8.85 Sales Oate Sale Price 01/25/99 88,500 Sibling Account Number [Go tn Visjtorsfreli]"cators Tabi"e ol, Clpntentsl emaileaglecounty:staf f@eag!"q--,-c_,q1tn1y,cqm Copyright @1998 Eagle County Site Produced and Maintained by Llill &- Tashiro Mart-e"ting & Advq,flbing http://coldfusion.hill-tashiro.com./trtdocs/eaglecounty/a.../displayRec.cfrn?accountNo=R004265&reclistPFl 7128100 , Eagle County - Assessor t"T - Display Situs Address Str€€t No. Dir No# 002975 Street Namo Suftrx BASINGDALE RD Condo Namd Condo Unit Subdivision Name VAIL INTERMOUNTAIN DEV SUB Page I ofl Assessor Property Detail Account No:R005105 District SC127 Parcef Ownsr NamerAddrsss Values STEWART, CAROLEE K _ KEILER, JONATHAN S Land Actual Land Assessed -JT 77,O8O 7's10 PO BOX 3586 lmprv Ac'tual lmprv Ass$sed vAtL. co.81658 316,610 30,840 Sales Book Pag€ Reception* Doc F6e 0574 0979 8.50 Sabs Date Sale Prica olno&2 85.000 Sibling Account Numbar 13 << Menu >> f-Co ttr Covernrncnt -l'able r1[f,olte-nlpJ ICo to Ctiunti' Resources 'l';rblc of Llontentsl [Co !o Ngl's l-4ble of Cionlcnts] [Co to V r s i tors,''Re locato rs I'ablc o1' Conlents.l [Go !q Job Opportunities 'i-able o!- Contents] email eagle county; sta lrleagle-crruntY. conl Copyright @1998 Eagle County Site Produced and Maintained by l{iil &'l'ashirrr r\larketing & Ad1"e1rfs!ng http://coldfusion.hill-tashiro.com/htdocs/.../displayRec.cfm?accountNo:R005 l 65&reclistPF3 8i8l00 Town of Vail ment of Community Oevelopment 75 S. Frontage Road Vail, CO 81657 n"ceipt r.ro. J1401 a""9-.1LL1-[D- Please make checks payabie to the TOWN OF VA|L Account No.Item No.,Code# Cost Each Total 001 0000 314 1110 ,Zonrng and Address 001 0000 314 1112 +Ujl&In_q!!!q!ls Cooe - iggZ - Votunre raz 001 0000 3't4 1112 lqofm lg!!9llC.t49 - 19e7 - Votume 3 001 0000 314 111 ' Internatonal Plu Code - 1997 001 0000 314 1112 aB I $35.00 00'1 0000 314 1112 Toyn of Vai I II{ Ct,ST[}I{Tft RECEIPT rr*unrL: O/14/08 01 RECEII,j: outiB4i .--DTSIRIFTI(}II OTT AIIOUHT TF III ,li|ruffifll!fi t,, -t t5a.ss *r'v crl 001 0000 314 1111 .6 001 0000 314 11li :B I $42.60 001 0000 314 111i $9.95 001 0000 314 111i 001 0000 314 111: 001 0000 314 1111 -o i;tl (- \,lS 001 0000 314121 001 0000 314 111 001 0000 314 111 001 0000 314 111 nnr nnnn ?lq 2nn ll'{l)t! LrTa!It PN 001 0000 311230 ;;FT qql_000!_91!2!9 DctE: srtiild TrflE; f458. 88 l5:17:?0 t?18.8i) te5E.6g OH 00'1 0000 312300 ToIffL CHIC|( bO1 OOOO 312 4OO fir,t0trl,t iEtirri(rli JT :=JT 001 0000 31240c 001 0000 311 22c Ihfiilii Y0|J FOR IUUH PAYIIEdTI OR PN 001 0000 3'15 30c -an --T--001 0000 240 33c 001 0000 31210c I\L 001 0000 2302000 Assess.-Restaurant Fee to Co.lJeotHev. -001 0000 201 1000, Taxable @ 4.5oh (State) -Tar '001 0000 310 1100lTaxable @ 4.0% (T9wn) - Retail Sales Tax -lotneilltrsc. - T7 MS 001 0000 311 2500 PEc APPLTCATTON FEES 001 0000 3112500 Additional GRFA - '250"PV PV 001 0000 3112500 .Conditional Use Permit Ool OOOO at t z-SOti-Eenor AGEi6n - Less tnan tOo ft. E 1 0000 311 2500 Enerior Afterabon - More than 100 001 0000 311 2500 ent Distnct - NEW $10.00 t' 311 2500 Specral Develooment Distnct - Maior Amend 001 0000 31 1 2500 Special Development Disfict - Minor Amend 0000 31 1 2500 Subdivision 001 0000 311 2500 Vanance 001 0000 3112500 319 3100 :Greenstar P Cash - Money Order #cn*r* ll4fi Received bv:N F:/Ev€ryon€/Forms/salesac{'exe o6/o6r2mo +rt-,, d),tlA-stt e,T( m BUII,DiNG MATERIALS: Roof Siding Othcr Wall Matcrials Fascia Sotfit.^ Windows Window Trinr Door.s uoor I nnl lland or Dcck Rails Flucs Flar,^lrings Chinrncys J'rash Enclosurcs Crecnhouscs Rctaining Walls F* f ^-; ^. I ; ^1"+; ^ ^**Lrdrrrrr,< Other LIST OF PROPOSED MATERIALS TYPE OF MATERIAL:COLOR:f SoD IrIASS rt t0q Ur l.tln AtlA utn * Pleasc specify thc nra'ufacturer's color, nunibcr and attach a snrall color chip *+ All cxtcrior lighting must nleet the Town's Lighting Ordinance 18.54.050(J). If cxtcrior lighting is proposcd, plcase indicatc thc nutttbcr offixhucs and locations on a separatc lighting plan. Identify each fiihre type and provide thc height above grade, luntcns output, lunrinou.s area. and attach a cut shcct ofthe lighting fixtgrcs. $', - tr'.- I InJatrzt (/O7 'I i PROPOSED LANDSCAPING PROPOSED TREES AND SHRUBS: ISXISTING TREES TO 13E REMOVED: Botanical Narrre Conrnrcn Namc Ouantitv 3 Size*.q' - _l t tFt E I I *...-:-_ I ^B' *Mininrum iiQuircnlcnts for landscaping: Typs dcciduous trccs - 2 inch calipcr conifcrous trccs -.6 fcct in hcight shrubs - 5 gallons Sqarc Footage CiROUND COVER qnn } LtrIJ IRRIGATION TVPF NR MFTHON r.}F' EROSION CONTROL o TI-iER LANDSCAPE I"EATUITES lretaining waiis. tenccs, swimuring pools, erc.) Pleasc specify. indicate top and bottom clevations of rctaininc walls. Maxinurnr height of walls rvithin the front sctback i. i +1s1. Maxirrrrm hcight of rvalls elsovhcrc on thc propcrty is 6 tbct. $.l Updatcd 6/97 or-,D ^rlrc NATT.NAL TrrLE rNsrr.jrs coMpANy ALTA COMMTTMENf SCHEDULE A Our Order # V25765L-3 For Informacion Only LOT 2 MERCO TOWNHOUSES - Charges - ALTA Owner Policy $531.00 (REISSUE RATE) AlEa Lender Policy $100.00 Tax Report $20.00 Endorsement 335 .6 (Alta 8 .l-) $25 .00 Endorsement. 100.29 S80.30 Endorsement. l-03.3 S80.30 Endorseme"l itiaiJ,Alta 5) s3i3:33 *** THIS IS NOT AN INVOTCE, BIII AN ESTIMATE OF FEES. WHEN REFERRING TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO. V257651-3 *** ,l bl15/ rooo 1-. Effective Date: I\@f3;::'l9pz-et 5:00 p.M. 2. Policies to be issued, and proposed Insured: 'rALTArr Owner's Po]- j-cy LO-t7 -92 $215, 000 .00 Proposed Insured: J.P. O'BRIEN rfALTAf' Loan Policv IO-17-92 $161-, 200 . 00 Proposed Insured: INMC MORTGAGE HOLDINGS, INC., , its successors and/or assigns 3. The estate or i-nterest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4 - Title to t,he estate or i-nterest covered herein is at the effective date hereof vested in: KEVIN P. DEIGHAN and ROBIN L. DEIGHAN PAGE 1 oLD *tr-,rc NATToNAL rrrlu rNsudb coMpANy ALTA COMMITMENT SCHEDULE A Our Order # V25765L-3 5. The land referred to in t.his Commitment is described as follows: LOT 2, MERCO TOWNHOUSES, ACCORDING TO THE RECORDED PLAT THEREOF, COI'NTY OF EAGLE, STATE OF COLORADO. PAGE 2 ALTOcoMMTTMENT SCHEDULE B-1 (Requirements) Our Order # V25755L-3 The following are the reguirements to be complied with: 1. Palment Eo or for the account of the grantors or morEgagors of the full consideration for the estate or inceresL to be lnsured - 2. Proper instrument (s) creating the esLate or int.erest to be insured must be executed and dulv filed for record, to-wit: 3 . REI-,EASE OF DEED' OF TRUST DATED June 15 , t994, FROpf- KEVIN P. DETGHAN AND ROBIN L. DEIGIAN TO THE PT]BLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF GMAC MORTGAGE CORPORATIONOF PA TO SECURE THE SUM OF 511-5.000.00 RECORDED June 2L, t994, rN BOOK 643 AT PAGE 342. SA]D DEED OF TRUST WAS ASSIGNED TO DOVENI',TUEHLE MOR?GAGE COMPANY IJ.P. IN ASSIGNMENT RECORDED February 07,, 1995, IN BOOK 661 AT PA?E 42 - 4. EVIDENCE SATISFACTORY TO THE COMPANY TTIAT THE TERMS, CONDITIONS AND PROVTSTONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 5. WARRANTY DEED FROM KEVIN P- DETGIJAN aNd ROBIN.L. DEIGHAN TO J.P. O,BRIEN CONVEYTNG ST]BJECT PROPERTY 6. DEED OF TRUST FROM J.P. O'BRIEN TO THE PUBLIC TRUST.EqOF EAGLE COUNTY FOR THE USE OF INMC MORTGAGE HOLDINGS, TNC., , its succesdbrs and/or assigns TO sEcuRE THE SUM OF $161,200.00. SENATE BILL 98-045 STATES THAT EFFECTIVE JUNE 1, ]-998 THE FEE FOR REQUESTS FOR RELEASES OF DEEDS OF TRUST WILL BE s16.00. rfl\'.tf .' ALrtcoMMr?MENr SCHEDULE B-2 (Exceptions) Our Order # V25765L-3 nrha r'nr.i ^" ^* ^^liCieS to be iSsued wil_1 cOntain exeenf inns f n t. he rrr Er!!"sP u r\rrrD L\J L-f rg following unless the same are disposed of to the satisfaction of the Company: 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessment.s not yeE due or payable and speciaL assessments not yet cert.ifi.ed to Lhe Treasurer's office. 7. Any unpaid taxes or assessments against said 1and. B. Liens for unpaid water and sewer charges, if any. 9. ]-997 TAXES NOT YET DUE OR PAYABLE AND ASSESSME}TTS NOT YET CERT]FIED TO TT{E TREASURERS OFFICE. 10. I,IENS FOR UNPAID WATER AND SEWER CIiARGES, IF ANY. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAMS BE FOUND TO PENETRATE OR INTERSECT THE PREMISSS AS RESERVED IN UNTTED STATES PATENT RECORDED April 18, 1934, IN BOOK L23 AT rl+L:13 5 - **ENDORSEME}IT 100.29** THE COMPANY HEREBY INSURES AGAINST LOSS WI{ICH THE INSURED SHALL SUSTAIN BY REASON OF DAMAGE TO EXISTING IMPROVEMENTS, INCLT'DING LAWNS, SHRUBBERY OR TREES, RESULTING FROM TI{E EXERCISE OF ANY RIGHT TO USE THE SURFACE OF SAID LAND FOR THE EXTRACTION OR DEVELOPMENT OF THE MINERALS EXCEPTED FROM THE DESCRIPTION OF SAID LAND OR SHOWN AS A RESERVATION IN SCHEDULE B-I. 12. RIGHT OF WAY FOR DTTCHES OR CANALS CONSTRUCTED BY THE AUTHORTTY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 18, 1934,IN BOOK ]-23 AT PAGE 3 - ***FORM 103.3*** THE COMPANY HEREBY INSURES AGAINST LOSS OR DAMAGE WHICH THE INSURED SHAI-,L SUSTAIN IN TT{E EVEITCF TT{AT THE OWNER OF THE EASEMENT REFERRED TO ABOVE SHALL, FOR THE PURPOSE OF EXERCISING THU RIGHT OF USE OR MAINTENANCE OF SAID EA,SEMENT, COMPEL THE REMOVAL OF ANY PORTTON OF THE IMPROVEMENTS ON SAID I,AND WHICH ENCROACH UPON SAID EASEMENT. 13 . RESTRICTIVE COVENAI\ruS, WHICH DO NOT CONTAIN A FORFEITIIRE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANy, BASED ON RACE, COr,OR, RELTGION, OR NATIONAI, ORIGIN, AS COMIAINED IN INSTRUMENT RECORDED Noveniber L7, L970,IN BOOK 219 AT PAGE 120 AND AS AMENDED IN INSTRUMENT RECORDED Anril 28. A97T, IN BOOK 220 AT PAGE 380. PAGE 4 A L 'r O " o M M r ? M E N r SCHEDULE B-2 (Except.ions) Our Order # V257651-3 14. A FIVE FOOT WIDE STRIP ALONG ALL INTERIOR LOT LINES ARE RESERVED FOR UTILITY AND DRA]NAGE EA.SEMENTS AS NOTATED ON THE RECORDED PLAT OF VAIL INTERMOUNTAIN SUBDIVISION BLOCK 5 - 15. TERMS, CONDI?TONS AND PROVISIONS OF DECI,ARATTON OF PARTY WALL COVENANTS, EASEMENTS AND RESTRICTIONS RECORDED June 13 , 1-9.75 IN BOOK 240 AT PAGE 324. 15, PARKING EASEMENT AS SHOWN ON THE RECORDED PLAT OF MERCO TOWNHOUSES. 17. EASEMENTS, RESERVATTONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PIA.T OF MERCO TOWNHOUSES. 18. DEED OF TRUST DATED July 15, 1-997, FROM J.P. O,BRIEN TO TI{E PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FORFEITURE OR REVERTER CLAUSE WESTERN MORTGAGE SERVICES, TNC., A COLORADO CORPORATTON TO SECURE THE SUM OF $161,200.00 RECORDED,Ju1y 15, a997, IN BOOK 732 AT PprGE L25_ $-ffJ*{f,?";S#Ff# t',i{ yF:!:!SK . +/x lqs # t,ss I e3 ' THE INSURANCE AFFORDED BY THIS ENDORSEMENT IS ONI.,Y EFFECTIVE IF THE I]AIJD IS USED OR IS TO BE USED PRIMARTI-,Y FOR RESIDENTTAI, PURPOSES. THE COMPANY INSURES THE INSi'RED AGAINST LOSS OR DAMAGE SUSTATNED BY REASON OF LACK OF PRIORITY OF THE LIEN OF THE INSIIRED MORTGAGE OVER: (A) ANY ENVIRONMEI\TTAL PROTECTION LIEN WHICH, AT DATE OF POLICY, IS RNCORDED rN THOSE RECORDS ESTABLISHED I]NDER STATE STATWES AT DATE OF POLICY FOR THE PURPOSE OF IMPARTING CONSTRUCTIVE NO?ICE OF MATTERS RELATING TO REAL PROPERTY TO PURCHASERS FOR VALUE AND WTTHOT]II KNOWLEDGE, OR FILED IN THE RECORDS OF THE CLERK OF THE UNITED STATES DISTR CT COURT FOR THE DISTRICT rN WHICH THE I,AND IS LOCATED, EXCEPT AS SET FORTH IN SCHEDULE B; OR (B) ANY ENVTRONMENTAL PROTECTION LIEN PROVIDED FOR BY A]\rY STATE STATUTE IN EFFECT AT DATE OF POLICY, EXCEPT ENVIRONMENTAL PROTECTION LIENS PROVTDED FOR THE BY THE FOLLOWING STATE STATUTES: NONE THTS ENDORSEME}TT IS M.ADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE TERMS AND PROVISIONS THEREOF AND OF A-I\IY PRIOR ENDORSEME}flTS THERETO. EXCEPT TO THE EXTENT EXPRESSLY STATED, ]T NEITHER MODIFIES ANY OF THE TERMS AI{D PROVISIONS OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT EXTEND TIIE EFFECTIVE DATE OF TIIE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT INCREASE TI{E FACE AMOTINT THEREOF. ***EAIDORSEMENT ].]-5.2*** TIIE COMPANY HEREBY INSURES AGAINST LOSS OR DAMAGE BY REASON OF:1) PRESENT VIOLATIONS OF A}IY RESTRICTIVE COVENA\]:TS SPECIFICAI-,LY REFERRED TO IN SCHEDULE B WHICH RESTRICT THE USE OF THE I-.AND SAID RESTRTCTIVE COVENANTS DO NOT CONTATN ANY PROVISIONS WHICH WIIJIJ CAUSE A FORFEITURE OR REVERSION OF TITLE. gfl\tE ) ALTOcoMMTTMENT SCHEDULE 8.2 (Exceptions) Our Order # v25765A-3 2) THE PRIORITY OF ANY LIEN FOR C}ARGES AND ASSESSMENTS PROVTDED FOR IN ANY DOCI}MENT SPEC]FTCALLY REFERRED TO IN SCHEDULE B OVER THE I-,,IEN OF ANY INSURED MORTGAGE IDENTIFTED IN SCHEDULE A. 3) ANY OBLIGATION TO REMOVE ANY IMPROVEMENTS ON THE I,AND BECAUSE OF (A) ANY PRESENT ENCROACHMENT BY SUCH TMPROVEMENTS UPON ADJO]NING LAND OR UPON ANY EASEMENT SPEC]FICALLY REFBRRED TO IN SCHEDULE B OR, (B) ANY PRESENT ENCROACHMENT OI{TO THE LAND BY TMPROVEMENTS ON ADJOTN]NG LAND. 4) THE FAILURE OF TITLE BY REASON OF A RIGHT OF FIRST REFUSAL TO PURCHASE THE LAND WHICH WAS EXERCISBD OR COULD HAVE BEEN EXERCISED TO DATE OF POLICY. NOTE: ITEMS 1-3 OF STAND.A,RD EXCEPTIONS ARE HEREBY DELETED. FORM 100.00 rS HEREBY ATTACHED AND BECOMES A PART OF THE POLICY. IN WT?NESS I4HEREOF, THE COMPANY HAS CAUSED "HTS ENDORSEMEMI TO BE STGNED AND SEALED AS OF THE EFFECTTVE DATE OF THIS POLICY, TO BE VALID WHEN COUNTERSTGNED BY AN AUTHORIZED OFFICER OR AGENT OF THE COMPANY, ALL IN ACCORDANCE WITH ITS BY_ LAi{S. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS HEREBY DELETED AS TO ANY LIENS OR FI. TURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF KEV]N P. DEIGIIAN And ROBIN L. DEIGHAN. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHAI,L HAVE NO LIABILITY FOR ANY LTENS ARISTNG FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF J.P. O'BRIEN, rfl\rfi () o I ITILITY I,OCATION VERIFTCATTON This fomr is to vcriI scrvicc availability and location for new construction and should bc uscd in conjunction rvith prcparing your utility plan and schcduling in.stallations. Thc location and availability ofutilities. whethcr thcy be rnain trunk Iinqs or proposcd lincs. nrust bc approvcd and vc:'ificd by thc following utilitics for thc acconrpanyiug sitc plan. AuthorizcC Signaturc Datc U.S. Wcst Communications r-800-922-1987 468-6861 or 949-4530 Public Scrvice Comfrany 949-s781 Cary Hall Holy Cross Elcctric Assoc. 949-5892 Tcd Husky/John Boyd T.C,I. 949-5 510 Floyd Salazar Eaglc Rivcr Watcr & .Sanitation District * 476-7480 l'rcd Fla.$lcc ?- r"-o-:6r- ]o \ ta, I f -b -ad * Plc:isc bring a sitc plan. floor plan, and clcvations whcn obtaining Upper Eaglc Vallcy Watcr & Sanitation signahrrcs. Firc florv nccds rnust bc addrcsscd. NOTES: l. Ifthc utility vcrification fornr has signaturcs front each of thc utiliby cornpanies. and no collllncnt^s arc ttradc dircctly on thc lbrrn, the Torvn rvill prcsumc that thcrc arc no problcnrs and thc dcvclopmcnt can procccd. 1 If a trtiliry cornpany has conccms with thc proposcd consfruction. thc utiliry rcprcscntativc shall notc directlv on th(: utility vcriilcation iirnn that thcrc is a problcm which nccds to bc rcsolvcd. I t: i.s:;Lrc sli,.:lit iiteu bc ric::ii..:l in arr atllrchcC lr,'rter t<,. th,: Tit,,r'li ci V'aii_ ijcri.ci... .. ,.rs,j kccp in minri that it is thc rcsponsibitiiy ofthc uriiiry company and the applicant to resolvc ,,- -.,rulr-u t,r vJ. -..t-. Thesc vcrifications do not rclicvc the contraitor of thc responsibility to obtain a Public Way Penuit front thc Dcpartment of Public Works at thc Town of Vail. Utilitv locations must be obtaincd bcforc dissing in any public right-of-rvay or cascmcnt within thc Town of vail. A " Updated 6/97 I uNDERcRouND l.dilto*t !"li:,I'Jl'J t..i d'r!:'rr:l.r 1 l,l',11"{'' tltrirr "rrr1 [lt. i]:i ri:):' i,hl r.1/r I 970-255-7535 f rr hvl; i'lttr'l l', 1L',i,t 1, r' lllirl;r'l .' ii t. ir li't; -,i:,t'!'.i i'i .r til i rt-,ti t. t: . ii"rl r:, 1 lt'.i \,ir I t.lll! .1 r;;1i;5 lt:i,;irl l'!.1 1.lfr". ll l. i.l t , r I t r r' r: l: ; ' , I ! r,i i,:{i r.r t/t'rr .1,1f:. i'il.', lrn,.i ltJi,l.il'4 i t;'l ilr + li,'l; ir.t.r t.!.ri' l,li..r i, t l:li-1i;, r'r, lrt.ii,r i !t11 1n1rn'I r'1! .1,:1 i t'i : i rlrrrrl ,' i.!ii;i .l i ti . ;,;ll 1l ;t'iri? j ,r" t":r,r.li ".i1 r,,,,1 ,; irtiiittttt..l|. |,i !ti i.i. j,l.r,| 3.n!,tr;1itt.j lil I r.i . u (l'rl':itirlii,.i lr";$i, r I t,rt.l*it {- !', 1rr.. irt' (ii,r | : i'rtl: lt.,. l. ilr li't]|i ;lltlli 1r :g.r,, : li !,r, il r :ilit: ,r 'tlfi riirilI fll]i :{t ,,1 l' il,; I ll:bl!t:r le 1.;1.'.1. l iil i,li:}ii fir'il !"11 lt: i ii !;! 1t.ri. r :r,I t:.l li;l) t"ll:;t- !'i"!ii' i,l lrlrs l.,l .lil1i i I ll: i-rlil'.1 {'it tl i'lil: .lr. tli' irf .'' : i.tt I fi. + r..rrtrijiinl,, i I ir irr.{i{tr.lrl }l i' I fri'irt: r ': r,i'i r', l,liriu'- I i.,;it ii I'li;lf{li!llll'.riI' Ifl i.l..,rl lL,, I r:iIt r. .,,fhi : I,ll.ir,it. .. I l:l {-ir,1rr ii;i ; 1.'i: i f. i:rt!]lt ::f ]r r; I |'i'rrfl],t,r';t ji,,rl Ir ji"-.l.rl l]tl'l r 1 LOCATOR'S NAME rlil {-..1 r::l : I l.iri1 l}:. .t . t{,11r'll.'".i1 Signature of person on job site 6l rg{ 846 FORESTROAD. VAIL, COLORADO 81657 (970) 476-7480. (970) 476-4089 WATERAND/OR SEWER LrNE LOCATTON REQUEST IMPOIUANT: DO NOT CONNECT WATER OR SEWER SERVICE UNLESS TAPFEES IIAVE BEEN PAID, UNDER PENALTY OFFINE. NO LIABILITY: Eagle River Water & Sanitation District (ERWSD) will attempt to locate water/sewer lines, upon request and without charge. Please be aware that ERWSD did not install the water or sewer lines it is attempting to locate. It is relying on a drawing of record or other location information provided by others. ERWSD will attempt to locate water/ sewer lines using available information. ERWSD will not accept financial liability for costs incurred as a result of an inaccurate location. LOCATOR NAME: EAGLE Rlvfi. wATER & sANITATIC 3^nf,"- CT \J a^ / ^oere: (4 -C - OC) COMMITMENTTIME: 3 ',4 5 \ i_'n SUBDIVISION: \-/OIX- YOT: FOR (Name of Company) t BLOCK: TIME COMPLETED: FILING: 3}3^ 244 -Y PHONE: 47Q -n J -:-=# 13 -l JI/O3 -/4? ADDRESS: LOCATING TYPE: ISTUBOUT IMAINLINE VICELINE !CURBSTOP MAPPAGE#J/O,3- LOCATION to bEsktched or described in space below. Indicate paint or stakes and number thereof.t-- Indicate North ,1, ,/,, / '",- l-/ , D -\1,0,- Party locating for ERWSD: J \ Name Customer Acceptance: i \lrr .DR+\ 0)lt{€rS' /N Ft i t-e l.NP cc<t sj{ee t s ,d ,ts " ct r o.,t I i"'' l, a " u .;-'t tt t-AST l/4 COR. Stc. i5 ,. 1 I ,,I I I t- I '\ s"';tll Q) n, o I W;y:,) - (.tp.,) . .,/. e,,>1)'{i Y -1stu.l ll 17 Cill.rl) ilP ,+, t,ti t DATUM uscs o^luy DATUT4 roR Oli(t \ ".ntt' 'a-+-('-P" 1or I I I I I I I t, I VAII IIi Tf RM{I{JN IAII.i \YVllJ Al.llr I L Nf,ltl-r (s) l-t (-2915.) _:' rQ.lP-f o !0t L,:,ri,!2. 1l)i.;-,,*v%-{t . 'l'r r ' - .-_zstl.{F I I tl 11 ri;'riir,'r t -:'! l'li U'^:t j r. i \li tr,.)l"1ti\l| it4,. BUREAU OF LAND MI t e41 ra.t t 47(eAu fuwes e / f**'l< k{te"' ' h/t Pit fb f,E q,;? h ,+l*t".bh 9;k Go-ro?n (r/u* &a'ry 'Jol rr*''t f>qL/ ' 1vL& .tzeTerv>"2< t lr^/ [h/ fu 67-rc lo/oa h^7 Fabrar*o r Flfrh .' s,ryL ' /' qfrtua ME oartn)l .+ ez-f{ e tze-f ftf"o t ' '1 qR //* o/ n* /"a'ut t i flnf ' f / r t--' . W,;A .L k aa*oflo' ua'"t' /' h^ /- aq /n ot" " flr* Kobr*a- P"P/? 'w/- ru/@ ' E<s,"P/6+ /^(- oF PNz, NA* a lf,aq* r* a9s 4 /e c4'^4 '/&^'7 Grtmentor'3l'l'il,lirro*"ropmenr T 75 S. Frontage Road Vail, CO 81657 Name:Receipt No. Address: Project:oate ? t /,, t Qr'> to the TOWN OF VAIL Account No.Item No.Gode #Cost Each Total 001 0000 314 1110 Zoning and Adltress Maps 7A $5.00 001 0000 314 1112 Uniform Building Code - 1997 - Volume 1&2 CB $s0.95 001 0000 314 1112 Urrolqr ryllqlnC cod! - 1997 - Votume 3 $60.65 001 0000 314 1112 Internation4 Plumbing Code - 1997 CB $36.00 001 0000 314 1112 International Mechanical Code - 1998 CB $3s.00 001 0000 314 1112 Uniform Mechalical Cgde -1996 Uniform Fire Code $35.60 uul 0000 314 1112 UE $36.00 001 0000 314 1112 National Electrical Code CB $42.60 001 0000 314 1112 Abatement of Dangerous Bldg.'s 1997 $9.95 001 0000 314 1112 ilrg!9l-E!9!Cy_e od_e -lge s $10.00-uul uuor, 314 1112 Ana\6is of Revisions to 1997 Uniform Codes $12.75 001 0000 3,t4 1112 Other Code Books \JEl 001 0000 314 1211 Blue Prinh/Mylar Copy Fees BF $7.00 001 0000 314 11.t'l Xerox Copies XC $0.25 001 0000 314 1111 Lionshead Master Plan ($1. 80/$1.60)MS $40.00 001 0000 314 1111 Studies, Master Plans, etc.MS 001 0000 315 3000 Penalty Fees/Re-lnspections PN 001 0000 311 2300 Plan Review Rqcheok Fee(94!/pqr !g!r)TF 001 0000 315 2000 fff Hours Inspection Fees OH 001 0000 312 3000 ConfactorB License Fees CL 001 0000 312 4000 Sign Appllcauon Fee SP $20.00 00't 0000 3't2 4000 Addfional Sign Application Fee SP 001 0000 3,t12200 Design Revierrv Board Fee (Pr+paid)DR 001 0000 315 3000 rBuitding Inveetigation Fee OOI obOO 240 .o l*6ul*lq*agEgqgaD.positD2-DEpto 001 0000 312 Fm-6066250 Fbo-TIoo-oZo=; :aer_q999_a! ooTd6o-oalT 001 oo0o 311 00i oooo 311 001 0000 311 boTo6oo5fi 601oodo-E11 ooi oooo 311 ooi oooo 311 601 oooo311 ooT 0060 3ll 001 oooo 311 0dTt6db3I $r Joun of iiri I .** [rJSI0fltR ft[LEIf'] rit t)plrl !rBSr:.r0 Bl NEiil,,-; Biil:ilu .-_t,rstxil'Il0N .itr Ah0rlNT rr, Ti,t -NSIGrt il\]ifid j:t t iiS,ut,,i.i i..,J, F, 0rlftIIN Irfti)Lti IiLiAIL fq lrt ic: lrtrS;8d :i r::iliiir_ iA5n ill'i0LjilT jrbi)trtl $iu.8B i4!1i:ts& f;tJ, 8E ti8.8u IHANh Y0lJ i0R i0tiH i,Ayllrfii: Money Order #Gheck # 4A RL SA TP n MS PV PV P PV PV PV PV PV PV .00 30 $200.00 $500.00 F,,so-0.00 g.1pqo.qq $200.00 - $250.00 $250.00 _ €99!q IOTAli 2,./t t t'Jrq 4\ 4. /LJ Received b ,ftuu F;/EvoryondFormdsalgsacl.exe /t"] / L 06/062000 G@PV Deparlment of C ommunity Development 75 South Frontage Road Vail, Colorado 81657 970-479-2I38 FAX 970-179-2452 www.ci.vail.co.us August 14,2000 Mr. Fritz Allen 29928. Bellflower Dr Vail, CO 81 657 Re: Council discussion on application requirements for duplex lots with and without common areas. Dear Mr. Allen: As promised, a Council worksession has been scheduled tor next Tuesday, August 22ro to discuss application requirements for duplex lots. Please call me at 479-2146 or Beth Salter (she schedules the Council agendas) at 479-2106 on eilher the 21"t or prior to 2:00 on the 22m to get a more precise time of this discussion with the Town Council. I also want to acknowledge that Mr- J.P. O'Brien, on August 14', submitted a PEC application for a side setback variance to build a garage. This hearing is scheduled for September 11tn. Thank you for your consideration. Director of Community Development x.c. George Ruther Ann Kierult F:\cdev\RUSS\LETTERS\00LET\allen2.doc {9*rr.uor*o Departmen! of C ommunity Developmenl 75 South Frontage Roacl Vail, Colorado 81657 970-479-2I 38 F/.Y 970-479-24s2 www. ci. vail.co.us July 13,2000 Fritz Allen 2992 B. Bellflower Dr Vail, CO 81657 Re: Proposed Garage for Lot 10. Block 6, Vail Intermountain I 2992 A. Bellflower Dr. Dear Mr. Allen: The purpose ol my letter is to address your concerns regarding a garage that your !eighbor, Mr. J.P. O'Brien, has proposedfor Lot 10, Block6, Vail Intermountainl29924. Bellflovier Dr. Mr. O'Brien has expressed a strong interest in creating a parking area on his portion of the lot and has submitted conceptual plans for a detached garage. On April 5'", 2000, the Design Review Board reviewed these conceptual plans and determined that there are significant site constraints on the lot which warrant a detached garage (a garage separated from a dwelling unit). To dale, Mr. O'Brien has not submitted final plans for the proposed garage and has nol received final approval from the Design Review Board. ln addition, he has not requested any variances. Because the Community Development Department has not received final plans, there is no indication as to whether or not any variances will be required for the project to proceed. lf final plans are submitted and staff determines that a variance is required, you will be notified in accordance with the Town Code as an adiacent property owner. Although, there is no requirement to notify adjacent property owners of Design Revrew Board actions, we will notify you of any submittals or hearings regarding this application. With respect to the available site coverage on the lot, this can only be accurately determined once a topographic survey for the entire lot has been submitted. lf the average slope is greater than 30%, site coverage (building footprint area) ls limited to 15% of lot area (approximately 360 sq.ft.). lf the average slope is less than 30o/o, site coverage can not exceed 20% ol lot area (approximately 880 sq.ft.). lt is my understanding that Mr. O'Brien is in the process of having a survey of the lot completed. Once a survey is submitted staff will make the determination of how much site coverage is available on lhe property for development. lf it is determined that the average slope on the property exceeds 30%, thereby restricting site coverage to 15% of the lot area, it is quite possible lhat Mr. O'Brien's garage proposal could utilize all of the remaining sile coverage on the property. The Community Development Department only requires approval lrom adjacent duplex owners ii a proposal impacts a common parcel. According to a stamped survey f rom 1995, your lot has been subdivided rnto two parcels $ *"n"'''o 'n"' J .-.- vv lttt that are separated by a parly wall. Mr. O'Brien's proposai fails entirely on his side of the party wall and will not encroach upon your property. As promised we have also reviewed our policy regarding property owner signatures on applications that will utilize floor area or site coverage on a duplex lot. After reviewing this policy we agree that a duplex owner should be required to notify the other owner of a pending DRB application. At this time we are not requiring both owners to sign a DRB or PEC application il the application does not involve building on commonly held propeny. We have reviewed this policy with the Town Attorney and the premise for the floor area and site coverage regulalions is to ensure the size of the structure is in balance with the size of the entire property. Our zoning regulationsi in the context of a duplex lot, recognize the entire site that the duplex is built upon. The Town wants to avoid getting into private matters between duplex property owners and creating situations of "zoning by neighbof'. In all instances we are most interested in having private property owners resolve development matters prior to the submittal of a development review application. As you indicated this policy has the potential to still result in conflicts between property owners and the Town. I share your concern and would like to review an number oi policy options with the Town Council. I will commit to review this issue with the Town Council within the next 90 days to determine their interest in changing our policy. I will contact you to invite you to that discussion with the Council. lf you do not wish to wait for a discussion with the Town Council, and an DBB application is submitted fof the garage, you may appeal the staff decision regarding application signatures to the Planning and Environmental Commission- You can also submit plans for your side of the duplex. I hope this has provided you a better understanding of the situation. You may wish to investigate any private co /enants or declarations existing on the property, as the Town of Vail does not recognize these documents during the development review process. lf you need any clarification of these issues or have further questions, please feel free to contact me at 479-2146. Russell Forrest Director of Community Development x.c. Bob Mclaurin Tom Moorhead George Ruther Ann Kjerulf F:\cdev\RUSS\LETTERS\00LET\allen.doc June 21, 2000 Town ofVail Community Development Dept. Vail, Co. Director, My name is Francis (Fritz) AlerL my wife and I own one half of a duplex located at2992 B. Bellflower in Vail. I am writing this letter to make you aware of concerns we have with a proposed project our neighbor (other side ofduplex) JP O Brian has planned. He has requested a yariance for the purpose ofbuilding a garage. I came into you offices and spoke with a planner and as I understand his proposal of building I gsrage on his side of the property, it will effect our side as it relates to site z coverage of the lots combined because we are a duplex lot. Ifthis is true we are 1000/o opposed to this project as it would limit us from doing a project similar to his proposal at any time in the future. We will consider this matter closed as we are sure you cannot approve any building , permits unless all affected parties / owners approve ofthe proposal We look fonvard to hearing from you. Sincerely, 7ir1 k?"o- Fritz Allen " oLDQlBLrc NA,rroNAL rrrlE ,rrtl" coMpANy ALTA COMMITMENT SCHEDULE A Our Order # V2L57I For Information Only - Charges - Alr.a Lender Policy $443.00 (REISSUE RATE) Tax Report $10.00 Endorsement 100 - 00 525.00 Endorsement, 335 - 5 (Alta 8.1) $25.00 Endorsement, l-00.29 $50.00 Endorsemeniitlai*-- $ss3.oo *** THIS IS NOT AIV INVOICE, BIII AN ESTIMATE OF FEES. WHEN REFERRTNG TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO. V21571 *** b/tsf aooo 1-. Effective DaEe: Jffi593 at 5:00 P.M. 2. Policy to be issued, and proposed Insured: rrALTAff l-,,oan Policy L0-L7-92 $60,000.00 Proposed Insured: NORTH AMERICAN MORTGAGE COMPANY , its successors and,/or assj-gns 3. The estate or interest in Ehe land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title Eo t.he estate or interest covered herein is at the effective date hereof vested i-n: FRANCIS E. ALLEN AND PAULA M. ALLEN 5. The land referred to in this Commitment is described as follows: LOT I., MERCO TOWNHOUSES, ACCORDING TO THE RECORDED PI.,,AT THEREOF, COUIIIY OF EAGLE, STATE OF COLORADO. PAGE 1 following are the requirements Pa).ment to or for the account.the fulI considerat,ion for Lhe insured. MENT Our Order # V2L571- to be complied with: of the grantors or mortgagors of estate or interest. t.o be ALQI CoMMIT SCHEDULE B-1 (Parnri rcmanl- q ) 1 Proper instrument (s) creaLing the estate or interest Co be insured must be executed and dulv filed for record, to-wit: 2. 3.RELEASE AND PAULA FIRSTBANK TRUST DATED Septeniber 12, 1988, TO THE PUBLIC TRUSTEE OF EAGLE TO SECURE THE SIJM OF $55,270-OO FROM COIrI\rTY S E. ALLEN THE USE OF RECO Septedber 14, i.gBB, rN BOOK 49\AT PAGE 34. SAID DEED OF TRUST Septeniber 14, 1988, FI]RTHER SECURED . BOOK 491 AT PAGE RELEASE OF DEED OF TRUST DetSO Sepreniber ),4, ]9gt, AND PAUIJA M. ALLEN TO THE PUBIJIC TRUSTEE,'OF EAGIJE FTRSTBANK OF VArr., TO SECURE THb..SUM OF/#TO,OOO.OO T991., IN BOOK 554 AT PAGE 203 NOTE: THIS DEED OF TRUST SE IN ASSI OF RENTS RECORDED 35. FROM FRANCIS E, AI,I-,EN COU}ITY FOR THE USE OF RECORDED October 07. A REVOLVING LINE OF CREDIT AGREEMEIVT. AND OTHER R'\GHTS RECORDED October 07, 1991 DEED OF TRUST FROM FRANCIS E. ALLEN AND PAULA M.'ALLEN TO THE PUBLIC 5. RELEASE OF ASSIGNMENT OF IN BOOK 564 AT PAGE 204. TRUSTEE OF EAGLE CpfNTY FOR THE USE OF NORTH AMERTC}\ MORTGAGE COMPANY ,its successors y6./or assi-gns TO SECURE THE SUM OF $6hE0.00. ,/ '\_ IF THERE IS TCHANGE IN OWNERSHIP OF THE PROPERTY TO BE INSURED HERETN FROM THE VESTED,/OWNER SET FORTH IN ITEM 4 OF SCHEDULE A HEREIN, THE TERMS, PROVISIOD}S AND CONDITTONS OF THB TOWN OF VAIL TRANSFER TAX MAY BE APPLI SENATE BILL 98-045 STATES THAT EFFECTIVE JUNE 1, ].998 THE FEE FOR REQUESTS FOR RELEASES OF DEEDS OF TRUST WILL BE >-Lb - uu - DEED OF PAGE o"fi) coMMTTMENT ao SCHEDULE B_2 (Except.ions) Our Order # Y2I67I The policy or policies to be issued will contain exceptions to the following un1ess Lhe same are disposed of to the sat.isfacEion of the Company: 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments noL yet due or payable and special assessmenLs not yet certified Lo the Treasurer's office. 7. Any unpaid t.axes or assessments against said land. B. Liens for unpaid water and sewer charges, if any. 9. ].993 TAXES NOT YET DUE OR PAYABLE AND ASSESSME}TTS NOT YET CERTIFIED TO THE TREASURERS OFFICE. ]-0. RIGHT OF PROPRIETOR OF A VETN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED rN UNITED STATES PATENT RECORDED April 18, !934, rN BOOK 123 AT PAGE 3. **ENDORSEMENT 100.29** THE COMPANY HEREBY TNSURES AGAINST LOSS WHICH THE INSURED SHALL SUSTA]N BY REASON OF DAMAGE TO EXTSTING IMPROVEMENTS, TNCLUDING LAWNS, SHRIJBBERY OR TREES, RESULTING FROM THE EXERCISE OF ANY R]GHT TO USE THE SURFACE OF SAID LAND FOR THE EXTRACTION OR DEVELOPMENT OF THE MINERALS EXCEPTED FROM THE DESCRIPTION OF SAID LAND OR SHOWN AS A RESERVATION IN SCHEDULE B-I. 11. RTGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORTTY OF THE IJNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 18, 1934,IN BOOK 123 AT PAGE 3. 12. RESTRTCTIVE COVENANTS, WHICH DO NOT CONTATN A FORFEITIIRE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, ]F ANY, BASED ON RACE, COLOR, RELIGION, OR NATTONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED Nowember 1-7, L970, rN BOOK 21,9 AT PAGE 120 AND AS AMENDED IN INSTRUMENT RECORDED April 28,A97I, IN BOOK 220 AT PAGE 3BO. 13. A FIVE FOOT WIDE STRIP ALONG ALL INTERTOR LOT LINES ARE RESERVED FOR UTTLITY AND DRAINAGE EASEME}ilTS AS NOTATED ON THE RECORDED PLAT OF VAIL INTERMOUNTA]N SUBDIVTSION-BLOCK 5 . 14. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF PARTY WALL COVENANTS, EASEMENTS AND RESTRICTIONS RECORDED June 13 , 1975 IN BOOK 240 AT PAGE 324. PAGE 3 ^ "ir COMMITMENT SCHEDULE 8.2 (Exceptions)Our Order # V2L67]- 15 IO PARKING EASEMENT AS SHOWN ON THE RECORDED PLAT OF MERCO TOWNHOUSES EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLAT OF MERCO TOWNHOUSES. 17. ENCROACHMENT OF GRAVEL PARKING AND WOOD RETAINING WALL ONTO BELLFLOWER DRIVE AS SHOWN ON IMPROVEME}T I.,,OCATION CERTTFICATE NO . 1-146 BY EAGLE VALLEY ENGINEERING & SURVEYING, INC. DATED AUGUST 9, 1988. ***********ENDORSEMENT 335 . 5*********** THE INSURANCE AFFORDED BY TH]S ENDORSEMENT TS ONLY EFFECTIVE IF THE LAND IS USED OR IS TO BE USED PRIMARII.,,Y FOR RESIDENTIAL PURPOSES. THE COMPANY INSURES THE INSI]RED AGAINST LOSS OR DAMAGE SUSTAINED BY REASON OF LACK OF PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER: (A) ANY ENVIRONMENTAL PROTECTTON LIEN WHICH, AT DATE OF POLICY, IS RECORDED IN THOSE RECORDS ESTABLISHED UNDER STATE STATUTES AT DATE OF POIJTCY FOR THE PURPOSE OF IMPARTING CONSTRUCTJVE NOTICE OF MATTERS RELATING TO REAIJ PROPERTY TO PURCIASERS FOR VALUE AND WITHOUT KNOWLEDGE, OR FILED IN THE RECORDS OF THE CLERK OF THE IJNITED STATES DISTRICT COTIRT FOR THE DISTRICT IN WHTCH THE LAND IS LOCATED, EXCEPT AS SET FORTH IN SCHEDULE B; OR (B) ANY ENVIRONME}ffTAL PROTECTION LIEN PROVIDED FOR BY ANY STATE STATUTE TN EFFECT AT DATE OF POLTCY. EXCEPT ENVIRONMENTAL PROTECTION LIENS PROVIDED FOR THE BY THE FOLLOWING STATE STATUTES: NONE THTS ENDORSEMENT IS MADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE TERMS AND PROVISIONS THEREOF -AND OF ANY PRIOR ENDORSEMENTS THERETO. EXCBPT TO THE EXTE}frf EXPRESSLY STATED, TT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE POI.,,ICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT INCREASE THE FACE AMOI'}ilT THEREOF. alq lqu 1B.DEEDoFTRUSTDATED@,FRoMFRANcISE.ALLENANDPAULA M. ALLEN TO THE PUBI,IC TRUSTEE OF EAGLE COU}ruY FOR THE USE OF WON+*TtTID To SECURE THE SI]M oF ^$ffioffio RECORDED A}AaFICATI W rN BooK€€-Ar PAGE 7*. { lV6tooo,oo ^. NATI1N*L t>/ tblqb r>/ tblnb 1B qu BANii'ir€tis7".NOTE: ITEMS L-3 OF STANDARD EXCEPTIONS ARE HEREBY DELETED. FORM 100.00 IS HEREBY ATTACHED AND BECOMES.A. P-ART OF THE pOLICy. IN WTTNESS WHEREOF, THE COMPANY HAS CAUSED THIS ENDORSEMENT TO BE SIGNED AND SEALED AS OF THE EFFECTIVE DATE OF THIS POLTCY, TO BE VAIJID WHEN COUNTERSTGNED BY AN AUTHORIZED OFFICER OR AGENT OF THE COMPANY, ALL IN ACCORDANCE WITH ITS BY- LAWS. PAGE o LOmmunrw Development Plan noutifro.rn Routed To:Gree Hall or Leonard Sandoval, Public Works Retum To:Am Kjerulf, Planning Date Routed:04/05t00 Return By:04n0t00 Project Name: Project Address: Project Legal: Project Description: O'Brien Garage 2992A, Bellflower (east side) Lot l0 Block 6 Vail Intermountain Separate garage proposed in front ofexisting residence Approved X Denied (cite detailed reasons)Approved with conditions Need Stamped Survey Provide Title Report Provide detail information from engineer on proposed stabilization of walls rvhen excavation for garage. At Building or Public Way Permit stage. Information must be stamped by PE. Provide Landscaping Plan. Show on site plan Limit of Disturbance fence. Show on site plan. Proper site distance requirements per T.O.V standards,, when backing out into Bellflower Blvd. Shou' detail information on Tree protection 0N vr, ira6 Show snow storage site on site plan.N/A Show on site plan. all rveather surface of drivervay. Is drivervay heated? Max drive'*'av qrade is 10%o unheated.2Yo Adiust and Revise '3ffi t,+ .d Ll- Elevation of concrete slab will be required to be lowered in order to make grade under l2Vo, this will affect the height of retaining walls. Keep in mind, max height of wall cannot exceed 6 ft and driveway will require to be heated. Concrete retaining wall not allou'ed on utitity and drainage easement. Adjust and revise Reviewed by: Leonard Sandoval Date reviewed:8-22-00 I 6,+u" oe TOWI{ OF VAIL Department of Community Development 75 South Frontage Road Vail. Colorado 81657 970-479-2 138 FAX 970-479-2452 Aoril 12. 2000 J.P. O'Brien 403 S. Downing St. Denver, CO 80209 Re: Proposed Garage for Lot 10, Block 6, Vail Intermountain | 2992 Bellflower Dear Mr. O'Brien: The following should provide some of the answers you are looking for regardhg the construction of a garage on your property. l. The garage could be partially located in the side setback but this would require a variance from the Planning and Environmental Commission. Due to the physical hardship ofthe steep slope on the property and the configuration ofthe existing driveway, a variance request to build in the side setback would probably be supported by staff. However, you should explore the possibility of constructing the garage out of the side (15 ft) setback. You would not be able to construct anything within the utility easement unless this easement was vacated. Due to the utilities having to be relocated to this easement, this is probably not feasible. A portion ofthe 600 sq.ft. garage credit could exist on a 2nd floor but only as storage space and it would have to be open to below lf this was habitable space, it would have to be completely enclosed with a one-hour fire separation and egress but it would then be considered GRFA which in your case would require a variance. According to the floor plan sketches you have provided, you are below the total allowable GRFA on the lot. The size of the entire lot (10359 sq.ft.) is used for calculating GRFA. Any addition of GRFA on your property would require a variance (ie. if you were to propose living space above the garage, this would require 2. J. ti u**o'o'u 4. ' a variance). A 250 addition can not be proposed until all of the GRFA available for r;, '. the lot has been utilized. The 250 addition may be possible for each legal unit on the i' property but one owner can't use another owner's 250. 4. Lastly, the topographic survey is necessary unless you propose a garage that is 3 66 square feet or less with no living space above. This is the available site coverage for the lot based on l5o/o site coverage. The Community Development Department could not allow 20o/o site coverage based on the apparent steepness ofthe lot without proof that the grades average less than 3002. If you need any clarification of these issues or have further questions, please contact me at akjerulf@.ci. vail.co.us or 97 0-47 9 -2128. Sincerelv. d'ofle^u{/ Ann Kierufu A Plannei 1 V o 0t{ cwy Department of Communiry Deve lopment 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 Aprii 12,2000 J.P. O'Brien 403 S. Dorvning St. Denver CO 80209 Re: Proposed Garage for Lot 10, Block 6, Vail Intermountain / 2992 Bellflower Dear Mr. O'Brien: ' This letter is in regard to vour recent proposal for a nerv garage at 2992 Bellflorver Drive in Vail. The Public Works Department has revierved vour plans and has determined that the fbllorving requirements rvill need to be met prior to linal approval of a garage structure on the propeS-: I . Submittal of a stamped topographic survey: 2. Submittal of a title report: 3. Prorision of detailed information from an cngineer regarding stabilization of rvalls during garage excavation: stamped engineering drar,r'ings are required prior to issuance ofa Public Way permit; and 4. Submittal of a site plan shorving the proposed structure in addition to:. a 4 foot unheated concrete pan with 2" inven at edge of propeqv . a limits of disturbance fence . proper site distance requirements per T,O.V. standards for backrng out onto Bellflolver . detailed information on tree protcction . existing and proposcd elevation grades tbr driveway area; the grade ofthe existing drivervav can not be made steeper and the cross siope ofthe proposed drivervay into the giuage can not exceed 8olo . rveathered surtbce of dnveuay . indication of whether drrvervay is to be heated or unheated; ma-{imum drivewav grade is 10% if unheate d and l2o/o if heated . parking spaces are 9' x 19' and camot block parking tbr the adjacent unrt on west side r sno\4- storage area rvithin lot boundaries (must be l0% of dnveway area). width of drivewav at street level (Bellflower) {p *""r""ro r^"r* Additionally, the Planning Department requires: r detailed floor plans ofthe existing structure in order to determine existing gross residential floor area; and . a fee of $20.00, which is owing from the DRB application for a separated garage. The addition of site coverage and grPa to tlre propert_v will be contingent on the results of the analysis of the topographic suwey and existing floor plans. I look forward to receiving more information from you. [f you have any questions or concerns, please contact me at 479-ZL2E or akjerulf@ci.vail.co.us. If you have questions regarding the Public Works requirements. please contact Leonard Sandoval at (970) 479-2198. Sincerely, I It r-,1 n r./ /l 'lz$fr+c,it(, Ann Kjerulf Plannerl \) Design Review Action Form TOWN OFVAIL Project Name: O'Brien Garage Proiect Number: Project Description: Request for garage to be separated from residence Owner, Address, and Phone: J.P. O'Brien 403 S Downing St.,I)enver, CO 80209 303-744-2214 Architect/Contact, Address, and Phone: Same as above Project Street Address: 2992L Bellflower (East Side) Legal Description: Lot 10 Block 6 Vail Intermountain ParcelNumber: 210314310011 Comments: BuildingName: O'Brien/Allen Duplex Motion by: Seconded by: Vote: 5-0 Conditions: Approved with 1 Condition 1. That the large conifer by the power pole on the northeast corner ofthe property be preserved. Town Planner: Ann Kjerulf Date: 04107100 DRB Fee Paid: Add $20.00 to building fees Project Name: O'Brien Garage Board/Staff Action Bill Pierce Action: Hans Woldrich l lt fi4 {6 DESIGN REVIEW BOARD AGENDA Wednesday, APril 5, 2000 3:00 P.M. MEETING RESULTS PROJECT ORIENTATION / LUNCH - Community Development Department MEMBERS PRESENT Clark Brittain Bill Pierce Hans Woldrich Melissa Greenauer Doug Cahill SITE VISITS MEMBERS ABSENT 1 . Daly -782 Potato Patch Drive 2. Young - 1452 Lions Ridge LooP 3. O'Brien -2992 A Bellflower 4. Vail Golf Course pump station - 700 S. Frontage Rd. East Driver: Brent t' a '11:30 pm 1:30 pm PUBLIC HEABING . TOWN COUNCIL CHAMBERS 1. swearing in of reappointed DRB members, clark Brittain and Hans woldrich. Lorelei Donaldson, Town Clerk. 2. Election of 2000 Chair - Clark Brittain 2000 Vice-Chair- Bill Pierce 5-0 5-0 Meyers VOTE:5-0 the building materials VOTE:5-0 3:00 pm Ann and proposing Ann 3. Vail Golf Course - PumP station. 700 S. Frontage Rd. EasVTract A, Vail Valley 4'n Filing. Applicant: Vail Recreation District, represented by Jim MOTION: Bill Pierce SECOND: Hans Woldrich TABLED (Staff shall review based on the applicant revising additional landscaping) 4. O'Brien residence - Separation request for detached garage in setback' 2992 A Bellflower/Lot 10, Block 6, Vail Intermountain Applicant: J.P. O'Brien MOTION: Bill Pierce SECOND: Hans Woldrich APPROVED WITH 1 CONDITION: 1. That the large conifer by the power pole on the northeast corner of the property be preserved. t .t 5. lllig residence - Appeal of staff approval of remodel and addition. Allison 70-6 w. rorest noib/tot 9, Block i, vaitvittage 6th Filing. Applicant: Clifl lllig, represented by Beth Levine MOTION: Clark Brittain SECOND: Hans Woldrich VOTE:4-0 (Pierce recused) MOTION APPROVED TO UPHOLD STAFF DECISION 6. Scalise residence - Final review of proposed dorme-r changes. Allison 2567 Arosa DriveiLot 9, Block E, Vaildas Schone 1"'. Applicant: Dennis Scalise MOTION: Bill Pierce SECOND: Doug Cahill VOTE:5-0 APPROVED WITH 1 CONDITION: 1. That there be a clipped hip on the west dormer and the easternmost & westernmost rooi. 7. Mountain Haus - Exterior paint color change. Allison 292 East Meadow Drive/Part of Tract B, Vail Village 1st. Applicant: Mountain Haus, represented by Fritzlen, Pierce, smith Architects MOrtOru: Doug Cahill SECOND: Melissa Greenauer VOTE: 5-0 APPROVED 8. Landmark Condominiums - Exterior paint color change. -- Allison 610/612 West Lionshead Circle/Lot 1 , Block 1 , Vail Lionshead 3 " Filing. Applicant: Landmark Condominium Association, Inc., represented_ by GeoJf Wright MOrtOru: Melissa Greenauer SECOND: Bill Pierce VOTE: 5-0 APPROVED WITH 1 CONDITION: 1. That the General Store accent color be reviewed by the DRB- g. young residence - Conceptual review of new single-family residence with an George employee housing unit. '1452 Lions Ridge Loop/Lot 4, Ridge at Vail. Applicant: Mike Young CONCEPTUAL - NO VOTE 10. Vail Athletic Club - Final review of a redevelopment plan. George 352 East Meadow DriveiA part of Tract 3, Vail Village 1-'Filing. Applicant: VML, L.L.C., represented byTom Braun MOftOru: Bill Pierce SECOND: Doug Cahill VOTE:5-0 APPROVED WITH 3 CONDITIONS: 1. Provide a fireplace layout to verify the vent location. 2. That a landscape plan be provided prior to building permit. 3. That an outdoor lighting plan be provided. 11. Daly residence - Final review of residential remodel. Brent 782 Potato Patch Driveilot 16, Block 1, Vail Potato Patch. Applicant: Andrew Daly, represented by Gwathmey Pratt Schultz MOrtou: Bill Pierce SECOND: Doug Cahill VOTE:5-0 b 1. APPBOVED WITH 6 CONDITIONS: 1. An additional stone column will be added adjacent to the entry stairway to be consistent with the columns proposed for the new garage. 2. The stone will be carried to the top of the southeast corner of the home on the first level. 3. A "limits of disturbance" fence and some form of erosion control will be added to the site plan prior to building permit issuance.4. A P.E. stamp will be provided for the combination retaining wall detail drawing. S. The earthwork behind the garage addition shall have a finished grade not to exceed 2:1- 6. A drainage swale will be piovided behind the garage to provide positive drainage away trom the structure. 12, West Vail Lodge - Conceptual review of a proposed redevelopment plan. Brent 2211 N. Frontige Rd. (West Vail Lodge)iLot 1, Vail das Schone tf3' Applicant: Reaut Corporation CONCEPTUAL-NO VOTE 13. Perot residence - Conceptual review ol a new single-family reSidence. George/ 84 Beaver Dam Roadilot gt, Aloct( 7, Vail Village 1$. Ann Applicant: Jim Morter Mortotrt' SECoND: vorE: TABLED UNTIL APRIL 19, 2OOO Staff Aoprovals One Track Mind - Temporary event window signs. Ann 392 Hanson Rancn RoiO/toi 1, Block 5A, Vail Village 1" Filing. Applicant: Tom and Ken Gart Base Mountain Sports - Temporary event window signs. Ann 100 E. Meadow Drive/Lot O, Block 5D, Vail Village 1'' Filing. Applicant: Tom and Ken Gart Vail 21 - Remove wooden facades. Allison 51 1 East Lionshead Circle/Lot 3, Block '1 , Lionshead 1"'. Applicant: Vail 21 Condominium Association' Inc. lllig residence - Remodel and addition. ,. Allison 70-6 W. Forest Rd./Lot 9, Block 1, Vail Village 6'n. Applicanr: cliff lllig Lionsquare Lodge - Remodel of pool area. Dominic 660 West Lionsiead Placeffracf A, Vail Lionshead 1"t Filing- Applicant: LionsquareLodgeCondoAssociation Slifer Smith and Frampton Real Estate- Flat screen TV inside window, Allison 230 Bridge StreeUlot'B, Block 5, Vail Village 1s. Applicant: Brigit Taylor Christoffersen residence - Patio enclosure. Ann 4770 Bighorn Road unit B-ZlYail Racquet Club Townhomes. Applicant: Ralph and Barbara Christoffersen .t .t Thornburg residence - Exterior window replacement and deck alteration. Allison 14608 GreenhillCourt/Lot 20, Glen Lyon. Applicant: Tom Thornburg lllig residence - Addition of exterior door. Allison 70*6 W. Forest Roadilot 9, Block 1, Vail Village 6th. Applicant: Cliff lllig, represented by Beth Levine Nye residence - New hot tub. Ann 2581 Larkspur Lane/Lot 9, Block 1, Vail lntermountain. ,{pplicant: Richard and Kristen Nye Dowie residence - Interior conversion. Ann 795 B Potato Patch Driveilot 26, Block 1, vail Potato Patch 1st Filing. Applicant: Robert Dowie, represented by Eric Johnson Willaman residence - Additon/attic space conversion above garage. George 1458 Greenhill CourVLot 21, Glen Lyon Subdivison. Applicant: Verne Williman Lyons residence - Addition to living room under existing porch roof . Ann 4415 Bighorn Road, unit #1lLol 1 , Victorians at Vail. Applicant: Gary and Jan Lyons The applications and information about the proposals are available for public inspection during regular otfice hours'in the project planner's office, located at the Town of Vail Community Development Department' 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing lmpaired, for information. 4 12-11-5 long as the salellite dish antennas remain in place unless permission to alter or remove said improvemenls is obtained from the Design Review Board. All satellite dish antennas and all improvements required by the De- sign Review Board to reduce the visi- bility of satellite dish anlennas shall be adequately maintained and re- paired and shall not be allowed to become dilapidated or fall into a state of disrepair. L Duplex And Primary/Secondary Devel- opmenl: 1. The purpose of this Section is to ensure that duplex and prima- ry/secondary development be de- signed in a manner that creates an architecturally integrated structure with unilied site development. Dwell- ing units and garages shall be de- signed within a single structure, ex- ceot as set forth in subsection 12 be- low, with the use of unified architec- tural and landscape design. A single structure shall have common roofs and building walls that creale en- closed space substantially above grade. Unified architectural and land- scape design shall include, but not be limited to, the use of compatible build- ing materials, architectural style, scale, roof forms, massing, architec- tural details, site grading and land- scape materials and features. straints shall be made bv the Desiqn - 12-11-5 quest a determination from the Design Review Board as to whelhsr or not a site has significant site constraints before final design work on the project is presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of the lot (to includ6 information as outlined in subsection 12-1'l-401a of this Chapter) and a preliminary site plan of the proposed structure(s). 3. The duplex and primary/secondary development may be designed to accommodate the development of dwelling units and garages in more than on6 structure if the Design Re- view Board determines that significant site conslraints exist on the lot. The use of unified architeclural and land- scape design as outlined in subsec- tion C1 of this Section shall be re- guired for the development. In addi- tion, the Design Review Board maY require that one or more of the follow- ing common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or olher architectural features be in- corporated to creaie unified site devel- oDment. be applicant's responsibility to re- not a lot has significant site con- Town of Vail Department of Coruaunity Development 75 South Frontage Road Vail, Colorado 81657 970-479-213 6 FAX 970-479-2452 February 25, 2000 J.P. O'Bribn 403 S. Downing St. Denver, CO 80209 Re:ParkingeesementonLotl0B|ock6Vai|Intermountdnl2g2BeltflowerDrive Dear Mr. O'Brien: I am writing to provide you some information regarding the parking situatiol on !'our propefty ar 2gg2 Be[flower Drive in Vail. The community Devel"opment Deparunenthas on file a suney of yourpropertyv.hichindicatesthatthereisa20footp.,kingeasementwhichspansthe&ontof your property adjacent to fi"fjn""'.t mve. Unless this ea.Jement has been vacated since the date of tn" trr*.1;, yoo.t legally entitled to park within it' TheCommunityDevelopmentDepartmentrecq3nlzesthehardshipstllatexist.wlthrespectto parking on your property, particularly in the steepness of your tst' Staff would be more than h.pp io *rl"t yo,,r in a proposal to improve the parking situation on your property ' IfyouhaveanyquestionsorconcenN,pleasecontactmeat4Tg.2|28orakjerulf@f.vail.co.us. Sincerely, €p *n*t"uo Qucsrionslii thc Pil;,ling Stail'::. i ,',--- i-r..i APPLICATION FOR DESIGN REVIEW APPROVAL CENERAL INFORMATION This appiication is lbr any projcct rcouiring Design Rcvicv approval. .,\ny projcct rcquiring dcsign revicrv must rcccivc Design ilcvicw approval prior to submitting for a building pcrmit. For specific information, sce thc subrnittal rcquircnrorts ibr thc particular approval that is rcqucsted- Thc application camot bc acceptcd until all the requircd inibmration is subnrincd. Thc projcc nray also nccd io bc rcvicrvcd bythc Town Council anrVor thc Planning and Etrvironllerrtal Conrmission. Dcsign Rcvierv Board apprgval cxpircs one ycrr after fina! approval unlcss a building pcrmit is issued antl construcrion is startcd. (&ea+*nl42,^t 'Pg*'ufsf ) RiPTION OF THE REO )- tAA (-,,anmo- LI s lJc TOWN OFYAN R LOCATTON OF PROpOSAL: LOT: i6 BLOCK: ( FILTNC: pFiysrcAl ADDRESS: 2t? x / BtttA{or."tn" loi(t It (Contact Eaglc Co. Assessors Of6cc at 9i0-328-8640 for parccl #) \ I NAME OF OWNER(S): MAILING ADDRESS: PHONE: owNER(S) STGNATURE(S): NAME OF APPLICANT: MAILINC ADDRESS: PHONE: TYPE OF REVIEV/ AND FEE: E Ncw Constrgctid/n - $200 C. D. E. F. G. PARCEL #: ZONINC: H. trl Addition'.- El.ll,Iinor Altcration - $20 /a"*rx7*ftt- JZ $s0 Construction of l new building. Incltrdcs any addition whcre square fbotagc is addcd to any rcsidential or comrncrcial building. Includcs minor changcs to buildings and site improvcmcnts. such as. rcrooting. painting, window addirions. landscaping. fcnces and rctaining walls, etc. DRB f-ces ar€to be paidarthctimcof submittd. Larcr, rvhcn applying fora buildingpennit. plcxc idenfrfy thc occuratc ,raiuarion of thc project. ThcTorvnof Vail rvill ldjust thc t-cc according to the projcct valuation. 1>I,!-.\SE SI-;B}1T1'TIIIS -\PPLIC.\ riO\. \LI, SLiI};\III'TAL ITEQUIRI}IENTS AND THE FEE TO THE l)UP \lll')lENl'OF COlllIL,NIl'\ I)ti\ [LOP]l[:'i f. 15 SOL-iH Fr3.ON'I.{CE R0.-\D. \,'.\t L. coL0R{Do 8l657. ,r,rlrUll Lr(!\(i.--------:-------i:..... James P. O'Brien, PG. CPG 403 S. Downing, Denver CO. 80209, 3O3 744 2214 1h),303 764 1936 (wl,97O 479 8212 lvl March 25,2OOO Ms. Ann Kjerulf Town of Vail Dept. of Community Development 75 S. Frontage Rd. Vail Co. 81657 RE: Separation Request For Garage Construction at 2992 A Bellflower Dr. Vail, Colo. The purpose of this letter is to propose and outline excavation and construction plans I have developed to provide four additional parking spaces, two of which will be within a detached 2-story garage on property I own at 2992 A. Bellflower in Vail' The legal description of this property is: Unit 2, Merco Townhouses, aka East 1l2,lot 10, block 6, Vail Intermountain. At this point the plans presented herein are conceptual in nature, the attached cartoon Figures (1 through 5) are intended to convey spacial relationships and do not yet contain engineering or construction specifications. Engineering specifications and construction schedules will be submitted for further review upon approval of this separation request. The construction of additional f lat parking spaces and the garage structure are necessitated by a general lack of private and public parking space in this area. This is caused in part by recent andior pending development of adjacent/nearby lots; the steepness of my current parking area; signif icant accumulations of plowed and unplowed snow in this area; and finally due to a lack of interest by the other owner in improving the common parking area in a mutually benef icial manner (e.9. lower/excavate the current drive way area to street level). During the winter months, although legally entitled too. I rarely have access to parking on my property and have been parking across the street on a lot where I and previous owners have historically parked, but where development is pending. Although ldo not relish the additional financial obligation or time commitments this project will require, I will gladly make these expenditures because I believe it will provide a needed and necessary property improvement given the increased density of cars and traffic in the area. All planning and construction work will be performed under the supervision of myself (Senior Geologist, Parsons Engineering Science, PG, CPG) and/or my designated foreman to assure all engineering specifications and good construction practices are met. State of the art best management practices will be followed to provide adequate drainage, landscape, and blend the garage structure into the surrounding hillside in an aesthetically pleasing manner. James P. O'Brien, PG, CPG 403 S. Downing, Denver CO. 80209, 744 2214 {hl, 3O3 764 1936 {w),97O 479 A212(vl The steepness of the area proposed for parking, as shown on Figure 1, and the current drive and street elevations require an excavation of approximately 250 cubic yards to provide two covered and two open parking spaces. The excavation will require the removal of two lodgepole pines, as shown on Figure 1, one of which is in very poor shape and given the shallow root depth for lodgepoles, a hazard to adjacent power lines. Preliminary discovery suggests the gas, electric, and water lines run up to the duplex under my front yard, as shown on Figure 1, and through the project area. lf these utility locations are verified, all will be rerouted to the eastern "Utility & Drainage Easement", see Figure 1, where they should have been originally placed. The garage structure will be located on my property and outside of the parking, utility, & drainage easements, the open parking area will be located within the parking easement, see Figure 1. Due to cuts made for the current driveway area, the proposed excavation will be approximately 42 feet in length on the east, 34 feet in length on the west, and 20 feet in width in order to provide four parking spaces, as shown on Figure 2. The parking platform will be at an elevation of 7840 feet so that it may be accessed without significant alteration of the current driveway area. At this platform elevation, and due to the steep slope, the inner or southern back end of the excavation will be approximately 18 feet deep and will require a reinforced, free draining, retaining wall of approximately 20 feet in height (Figures 1,3 through 5). Given a 20 foot depth of useable space, and that a garage ceiling in excess of 9 feet in height, or backfilling (already ruled out due to the lack of an area to store excavated material), would be a waste of very expensive constructable space, a 20 by 20 foot home office space is proposed for construction on top of the garage. All of the garage, and over half of the second story would be below grade and out of sight. The southern side of the second story roof would be nearly at present grade. The second story roof will be flat, covered with topsoil and seeded with native grasses, wildflowers, or sod, further reducing visual impacts and providing a needed flat yard area (see Figures 2 and 3). The east and west walls of the second story will be up to 90 percent below grade to the south, and would extend 8 to 1O feet above grade to the north or at the front side (see Figures 3, 4, and 5). The portions of the east and west walls below grade will be of reinforced, free draining, concrete construction, portions above grade will be of log construction to provide added structural support and to match the house (see Figures 4 and 5). The log portions of the east and west walls will also feature 2 by 4 foot clerestory windows to allow for additional natural light while preserving the privacy of my eastern neighbor. The front of the garage structure will be set back approximately 45 feet from the a 303 James P. O'Brien, PG, CPG 403 S. Downing, Denver CO. 80209, 3O3 _7 4 4 _221 4 ( h l, 303_764_ 1 936 ( w), 97 O _47 9 _821 2 lv l roadway (Bellflower Dr.), and between 22 and 14 feet from the existing driveway, as shown on Figure 1 . As shown on Figure 3, the garage front will consist of two 8 by 7 foot garage doors, remaining surfaces covered with stucco to match the house. The front of the second story will feature an exterior log finish, a 5 by 2O foot deck, entryway and window with street views (as shown on Figure 3). The wooden stairway to the deck and entryway would drop down from the existing rock terrace at elev. - 7856 (shown on Figures 1 and 2) along the western wall and slope to the deck at elev. 7849. I have attempted to help solve a chronic parking problem and improve the 2992 A Bellflower property while minimizing visual impacts. However, as mentioned, these plans are conceptual and therefore any ideas, comments or thoughts you or other TOV personnel would be welcomed. Some questions lhave for you include: are these plans sufficient for the design review board meeting, the planning and environmental commission? lf not when should I proceed with more detailed design, planning, costing, and scheduling? Obviously, the next phase will take additional time, money, and l'd hope need not be attempted until the project as outlined or in some altered form is approved. I look forward to meeting with you at the April 5, separation request meeting, however if you have any comments, or need additional information prior to that, please contact me at one of the numbers listed above. Thank you for your time. \\ --?-\ --- >l'r LI-, 1\ 9- (1.0) tr^ u s r- \ \r." s,ol \ \ \ SEWER M^NHOI,T FOUND PIN AND CAP--- 1.s.218J O \(o ) 78J5.4 \ ' ,,\ i\ \ (1's)::'-.: LOT n r 111 \se Bt-llLDltllG ourLtltE \' ---ir. (o.a) t \ -"Jf, o\o\ 6't I ACRES z fl (0.6x2) I \Dtcx 76J5.5 sffi4t; "#J',iltrE ctl ul '(o N CINTEP OF plpry weLL .: SEWT r RIM / nlv. I I ,o o (tt 'cp @ w :l' t..t . :--- l= 1 3o29'4J" R:75.00 L= 17.66 LC=17.62 CB=S 69P21'09" INDICATI]Ii 6.u'$l -(20) ' ,'/'/ \"= \D ReT LOT 12 6,. INTERMOUNTAIN otrT riru1 oF' ho?Hn €rnulToru To '.t81{0, *30 q!src27 Rtt g, 'l \..i cuvrl t. .r\Ni \ -'\ .z (0.8) LOT 2 0 10,r5 ACRES RI OCK \ ffiu:l:i;lil [ili"lH, l'nnn .-fl i' \tt= lu' €AK ua\t, loot(,!1 uesT ' ': fous v,ttll RLIAI^litld "rilI., eonrcntit- rBBB.'-' ; Hii:5; 5S-E_Eii 8 666d',d .9EHCR: eegegg i t 6 i -I .t l' Sou\NORTT\ cti{5 t '78 6o Tvnj' cguuzeD t (o0l'FBo,\)\rrd\r\ oC hrcipoeO Snr, 2 -Yonal Q elrt GIDqEL a,lzi\tv Loxto'oF|i*sPAe Abcra 78qb' H6"R. S- SourU ?BS0 TBLu 'r,ru$fftu1,,ii,ll_, i I '' 'sroi".t O / ' ,C,*o. Checked By Date Task No. File No. ' Sheet co--t y Development Plan noo,tQ Form Routed To:Greg Hall or Leonard Sandoval, Public Works Return To:Ann Kjerulf, Planning Date Routed:04105/00 Return Bv:04/10/0a Project Name: Project Address: Project Legal: Project Description: O'Brien Garage 2992A Bellflower (east side) Lot l0 Block 6 Vail Intermountain Separate garage proposed in front ofexisting residence Approved _X_Denied (cite detailed reasons) Approved with conditions Need Stamped Survey Provide Title Report Provide detail information from engineer on proposed stabilization of walls when excavation for garage. At Public Way Permit stage. Information must be stamped by PE. Show on site plan 4'concrete pan with 2" invert no heat Show on site plan Limit of Disturbance fence. Show on site plan. Proper site distance requirernents per T.O.V standards, when backing out into Bellflower Blvd. Show detail information on Tree protection Show elevation grades existing and purposed for driveways. Grade of existing driveway cannot be made any steeper. Also cross slope ofproposed driveway into garage cannot exceed 8 0/o. Show on site plan what the alt weather zurface of driveway is to be. Is drivewav heated? Max driveway grade is l0% unheated, l2%oheated,. Parking spaces are 9'x 19' and cannot block parking for unit on the west side. Parking space number 3 on site plan needs some adjusting. Show on site plan, area ofsnow storage within lot boundaries. Show on site plan width of driveway at street level @ellflower Blvd). (\,uru'1 Fnr+tly N,$$ A eilUee 1 ga Tdaur$ Tde r,,.:A Y6,r &tut fne cct\{- lS, t?, Ani U I -,uurru cout\ /ty ortcuhrl 0.\Ut- fv\e (CW- l\ I | /, ffl)t U,1 ,bdAl e0De1. pY cr(cuntt0r Sqflqnt L AtrnXg exerr5 ollor,.rrtUc 6RFn (2$% ll, Pft,K crhcr<) @ "2b0h ctivorngn ( tzzos,1 Fr-(, -,0T. 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Horv uruch of the allowed 250 Addition is used with this rquest? ( rr'z) 20' t5' l5' Minimum 3',/6', Required Enclosed Garagc Crcdit Drivovay Complies rvith TOV Lighting Ordinance Are tinishcd gradcs less than 2: I (50%) Environnrental, I Iazards (300) (600) (eo0) (r2oo) Permitted Slope _% Yes No Yes_ No l) Percent Slope (< >30%) Proposed Slope % 2) Floodplain 3) Wetlands 4) Water Course Setback (30) (50) 5) Geologic Hazards a) Snow Avalanche b) Rockfall c) Debris Flow Prcvious conditions ofapproval (check property frle Pcct?af'atiq rrMYtf4T i^/ ,flo.t7' f ' wurtS/M,ariaqf er+temA^,rrs ul kb€|7 Ff*L , t-rtl . ^A lrrr llvp + (30x33) Front Sides Rear ts the properry non-conforming'i Describe: Ulf & )e Z t qtOt: 4 XD W (tuAt"ttlL, Tat hlctl Lt r( Dr* &'f ' DESIGN REVIEW CHECKLIST Project: E SURVEY Scale Benchmark Legal description Lot Size Buildable Area EasemenB Topography 100 yr. flood plain Water Course Setback Environmental Hazards Trees Utility locations Spot elevations D SITE PLAN fJ FLOOR PLANS Scale GRFA 250 additional GRFA Crawl\Attic Space EHU Q BUILDING ELEVATIONS Scale Color\I\,Iaterials Roof Pitch f] LANDSCAPE PLAN Existing trees Proposed trees Legend MISCELLANEOUS Scale Condo Approval Building Height Title report (A & B) Encroachments Utility verification form Setbacks Photos of site Site Coverage Building material samples Eaves/Overhangs (4') C.O. Verification Decks/Balconies Sun\Shade Angles Garage connection Utilities (underground) Site Grade\Slope View Corridors Retaining Walls Variances Fences Plat restrictions Parking/Garage Tuming Radius Driveway (access and grade) Snow Storage Fire Access Design Review Action Form TOWN OF'VAIL Project Name: Allen retaining wall Project Number: Project Description: replacement of existing 6' timber watl with two 3' boulder walls Owner, Address, and Phone: Francis and Paula Allen 2992 #B Bellflower 411-Wr Architect/Contact, Address, and Phone: same Project Street Address: 2992 #B Bellflower Legal Description: Lot 10, Block 6, Vail Intermountain Parcel Number: 210314310012 Comments: Building Name: Allen Residence Motion by: Seconded by: Vote: Board/Staff Action Action: Staff approved with conditions Conditions: 1. The walls are to be constructed as two 3 foot boulder walls separated by a 4 foot layback (measured from the face of one wall to the other). 2. A public way permit must be obtained in order for construction vehicles to park in the right of way if no other parking can be legally provided. Town Planner: Ann Kjerulf Date: lll08l99 DRB Fee Paid: $20.00 Project Name: Allen retaining wall ocT-21-99 lS.sS FROM. TOV-COM-DEV-DEPT _ DESCRIPTIO}i OF THE REQUEST:U/,tL 9l'az /11r, Qucsn flti ih,c ['i.i,,rtr;.rg Stli: -..i , j-_ i].s APPLf cATIoN FoR DESIGN *"6HdHB[fr ve. cENERAL h.rFoRMArroN gCT Z Z lggg This application is for any ptajca rcquiring Dcsig Rcvrcw approval- A-ey projccr rquiring dcsigrr rcvis,w musl rcccivc Design Revicw approval prior to suumioing for a buiiding pcrrnir For spccific informatiorl sce the submital rcquircmcnts for thc panicular apptovd tbat Is req;6ed- mc appiica;on ."n rcr uc "cc.yxcd until aII rhe required inlbrmadon is submittcd. Thc projcct may also nccd to i:c rcvicrvcd by rhc Town Council andlor tbc planning and Environnrc.nal Conrmi,ssion_ Dcsign Rcview goard approval expircs onc ycrr aftcr fnal approval ulless a building permir is issued ald coDstructioa is srartao.- tD, g?@4792452 PAGE I/? I tAb,r. \ TOII/NOFVAIL B-LOCATION OF PROPOSAL:LOT:. L2-ALOCK:___(.__FrLbjC: PKYSICAL ADDRESS: c. E. Pf'RcFL#: ' 2 | '7 | q 3 I'tn 0l L (conact Eaglc co. Asscssors offrccat 970-326-E640 for parccl #) ZONINC: F. G^ NAMgoFowNER(s): Fal-vz-' a +/+^-+4tvn MAILINC ADDRESS: owNER(S) STGNATTjRE(S): NAME OFAPPLICANT: MAILINGADDRESS: IA ?i{OlrE: 1.ti.te-l( TYPE OFREYIEWAND FE€: O Ncw Coasr-ucdotr - SZ00 Constuction ofa ncw building tl Addition - dMinor dtcrenbn - $5O Inctudcs any adcdtion rrhse S$lare footagc is addcd to any rcsidcntiai or comrncrqial building t20 lncludcs minor changcs to buildinp and. sitc improvcmqns. srch as. rcroofing- painting window additions, laudscaping. fcnc6 and rctaining walls. erc. DRB fees arc to be paid a the rimc of submital. Larcr- whcn applyrng for a buil<lurg permil plcasc id€ndry rhc accurate valuation ofthc project- Thc Tor,rn of \, ail *i adjusr'the:fee """orcing ro,n" project valuation- PLEASE SUBMN THN APPLICATTON, ALL SUBM{TTAI, REQUIRESTENTS AI\TD TIIE FEE TO THE DEP.A,RTJITENT OF COMMUNTTY DEVELOPVIEN.T, * SOUIH TNOXUCT ROAD,v.{II4 COLORADO 81657. oo oo OC T-2 r -99 I S , SE FROl.l .TOV-COt{-DEV-DEPT. OO rD,97@4792452 PAGE 4./ 7 PROPOSED IIANDSC4PTNG Boranical Namc Contnlpn Namc Ouanfty Sizcl PROPOSED TREES ANbSHR.UBS: EXISTINGTREESTO BEREMOVED: TYPE OR METI{OD OF EROSION CONTROL .t*ttnor::'rcarlts ror hndsc+ine: Tynq deiduots trccs -2inch atipcr conifcroGs kccs - 6 fcct in hcight shrubs - 5 gallons .\uanc Footagg 3ff-t$,?":t*ki:ltutF{retainiog waiis" fenccs. srvirnmins pootq erc.) prcase speify- rndicare top ard rvaus elscrvhe.,e o,, ,0" o-*1i,ur"i-r5t"*t hcight bf walts-u;itr'in irto n-ont siu."k i* I feet. voir,i* iiek .r I Uiiucd6DT ocr-2r -99 ls=s6 FRol{. TOV-COM-DEV_DEPT. U.S. Wcst Communications r-800-922-t 987 468-6860 or 949-4i30 Publ ic Service Conipany 949-5781 Gary Hall Holy Cross Elesric Assoc. 949-5ta92 Tcd Husty/John Boyd T.C.r. 949-5530 Floyd Salaz:r Eaglc Rivcr Watcr & Sanitation Disrict * 476-7480 Frcd Ha-slcc o I DAVE 9"yc€p, This fomr is to vcriff srvicc avaitabiliry and location for ncw con.srrucdon and shoutd bc uscd in conjunction wirh prcparing your utiliry plan and schcduling ininllarions. Thc locatiqn ana a.va;laa,iliryof .,tilirics. lvhcrftcr thqy bc main tnrnk lines or proposed lincq mril bc approvcd and vcrificd by thc following utititics for thc accanrpanyin g sirc ptan. ID.SI Authorizcd Signanrrc 7@4?92452 a PAGE S/7 Datc " Plcisc bring a sitc pran' floor plan- and crcvarioqs whcn obtaining upper Eagle vatcy watcr & saniration signahrrcs. Firc florv nccd.S rnuSr bC addrqsScd. NOTES: /p/42 ;t..,yl,l|.lll*:{t"iv"..".Tryj_v*ithint)icro.1vn_-vair_A bl . :' Uiibacd ergz l - If rhc utitity vcrification fornr has signaturcs -ilnr cach orthc utitity companies, and no comnrcnts atE rnadc dircctly on thc fornr. tbc To.rvn rviil prcsumc tia,,hJo;;;p;;tems and thc dwglgpnlgnt cqn prggccd. 2' If a utilicy company has concerns wirh thc proposcd co$truction, the utiriry rcprcscruali!rc sbalt qote directly on tttc utility vcrificafion form that therc is a problcm which nccds to bcrcsolvcd.Thc issuc shour<i theo bc dctaitcri in an afta-chcd rcrJer ro thc Town of Vai!. How.cv$, p:.*_s'kccp in rnind that it is rhc responsibiiiry of tr," utit;.y.o-paoy and thc applicart to r*otvc j j*:iii+u y.,,1::::_. Thesc vcrificatioru d.o not rcricvc the contra&or of the responsibility to obcain a hrblic way l::l*ll. Dc?artmcnt of pubric Wo*sai rt "-i-ri'orva:1. Urilir.v lqfation.s mu.sr be l. ffiffivdtnY EAGLE ru*. wATER * saurmilN DISTRICT 846 FOREST ROAD . VAIL, COLORADO 81657 (e70) 476-7480. (970) 476-408e inaccurate location. LOCATOR NAME: WATERAND/OR SEWER LINE LOCATION REQUEST 57to& IMPORIANT: DO NOT CONNECT WATER OR SEWER SERVICE UNLESS TAP FEES HAVE BEEN PAID, UNDER PENALTY OF FINE. NO LIABILITY: Eagle River Water & Sanitation District (ERWSD) will attempt to locate waterAewer lines, upon requesl and without charge. Please be aware that ERWSD did not install the water or sewer lines it is attempting to locate. It is relying on a drawing of record or other location information provided by others. ERWSD wilt attempt to locate water/ sewer lines using available information. ERWSD will not accept financial liability for costs incurred as a result of an /l "*r, 01/zz /1 7 COMMITMENTTIME: 8:/{ TIME COMPLETED: SUBDIVISION:LOT:BLOCK: ADDRESS: a18 u-Beutfrcusre- UJ- tJ IOCATING FOR (Name of Company) i t-Ptrz AuteN PHoNE: L53-7m TYPE: DSTUBOUT trMAINLINE EfSERVICELINE I]CURBSTOP U*PEOS* 2/03-154 LOCAflON to be sketched or described in space below. Indicate paint or stakes and number thereof. Indicate North FILING: Party requesting locate: Customer Acceptance: Party locating for ERWSD:3"> Name Nr." .------.- I-,T.-*" /U" -Dzwt,^tas tN krtr Name FACI LITY LOCATION SKETCH f-AI ITIT'III . PLEASE VERIFY THAT ALL FACIL]TIES ARECGARLY TTARKED BEFORE DIGGING. PL€ASE HAND OIG ANO EXPOSEALL FACILITIES AEFORE USING v Ft T/ I I V I I . MECHANICAL OEVICES. PRIVATE FACILITIES MAY BE PRESENT IN DIG AREA, CHECKWITH PBOPERTY OWNER. . ..--*. .*;, Prlnt# '::,d ',t q 1 i LOCATOR INOICATE NORTH tr DIG ALERT M.lor laclllly In or n.ar dlg aaaa. Plaala hand dlg and exposc lll laclllll.. or callKqlly Locrta Dapt, lor aarl3tancal tr Standby Required E-CopV lelt at site EXCAVATOR NOTIFIED Name Date: / / Time: : AMPM EXTENDED JOB AGREEMEHT Ourcompany and I agree that lhis o.iginal locate tickot is an extended iJb and that locat€s will be don€ on a day-tcday basis. No excavating will tak€ dace urtil signed pap€ru/ork is received by our Company wfh the dig ar€a detined. Exca.,abrs Siqnairre ) !L t- .'_.-j I i- Log# FACtLtTY 0WiltB 1{0TtFtE0 Name Datei / / Tamo: : AM PM I Phone - Orange (2) Gas - Yellow (3) Eleotrlc - R.d (4) Cable TV - Orango (5) Wat6r - Blu! (6) S€wer - creen I THIS SKETCH IS APPROXIMATE: foro aner I FENcE I |II coMMEryrs LOCATOR'S NAME 1.. Signature of person on job site EXCAVATOR FILEilpy TOWN OF VAIL 75 South Fronage Road Vail, Colorado 81657 970479-2IM Fil( 970479-2157 June 28, 1999 Mr. J.P. O'Brien 403 S. Downing St. Derwer Co. 80209 Re. Rerzining wall at 2992 Bellflower Dr. Vail Co. Ddar Mr. O'Brien, I have responded to your inquiry about the apparcnt retaining uall failure at 2992 Bellllower Drive. I also met with the Town of Vail's Civil Engineer, Greg llall Whar was witnessed is a partial frilure on the west side wing wall. This seaion has fallen away due to rotting wood timbers. I also noticed the soulh wall or main struchrc starting to leatr over. This provides evidence that this wall has nm it's full life expectancy for a wood reaining wall and should be considoed for repair/replaceinent. The time Aame for ftilue can not be quantified. It could last another two years or could fail tomorrow. ln my opinion there is no irnmediate danger to the inlnbitants of the stmcture (duplex) above or other sructues in the area The padcinddriveway area wsuld be subsuntially atrected by the failure (loss of parking). My legal obligation is limicd in this area The Town has adopted th€ 1997 Uniform Building Code, which does not have ary jurisdiction over potentially dangerous situations sp6h ss 2 lsrnining wall faitne. There is a section of the code (3402) which mentions maintenance requirements for existing stnrcnres" however it does not prwide any ayenues to pursue the situation ary further. In my opinion it would be a stretch of the interpr€tation to inchde rcaining walls with this secuon I beliwe this section relate5 1s luilding elern€nts and not struchres such as a retaining waIL I hope this helps you understand the position the Town of Vail's Building Safety ad Inspection Services division has taken on this matter. Any firrther pursuit of this situation must be taken as a civil maner wilh the other half of the duplex's owner. if any firrther questions arise at, (970) 479-2142. 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'r- (- l l'| I-N\I I -l I |i) .kl Er --!-+ -\' ('J (7-- F =.qs _) \ r-.-i\ \-t\\\ --\\ (\v \\ i L \\ 2 --\' \ I -' ll \l 'q \\s \\ >.w \\1-. ll:t(\j il. ll\Y' (-'-- -\ C..c (-i {, \\\r-: c...--\\ t n J 6 \) \r <F OF a o e":r) _ 5" lo' rJ// tT\ -1 o F a C J ! \J E. : g J r-, t lz'r -"q -tz -iT \+ i I I I I c \ \ f\\ s Z T N sJ ? gFj l1 :'\I! I I -\' s T *1* Ttst .S\1q{ ;-n-?:)-; r "L ; ri :Jv z 3 ? \ N; \\t g^r s -, r t -tt \ T (-l' 5 7.\1v i d -1.1 J' 5 I I{ME OF @IfTTNY: ADDREIS. t??tB &llrtr2-cr u/at'/ PHONE #: t4ust be recelved and aPProved *submit to the Torn of Vall PLEASE SUBMIT COPY OF prlor to issuance of reglstratlon. Build{ng DePartrPnt. AI{Y PERTINENT REGISTRATIOI{I.IITH APPLICATION. Type of registration bein lied for:( Application made bY:l'l^1-'r'--'<"""^ -TdrE)- REGISTRATTON FEES Exca+ation. ' l+*R ,,6nerlBlilder.. "' <_PY:-YY/\J- T IS IMPERATIVE 'THATILI RS HAVE THE FOLLOX1NG INSURAilCE CERTIFI Regu]ar Cost Renewal Cost Genera'l Contractor A or Construction l4anagerEnt ---- ('viir;iiil ovir $r,oo0;000) ..$175'00 $125'00 General Contractor B or Construction Management ---- ivlifi;;; '.iii st'ooo'oool . 100.00 ?5'00 Plurbing. 75'00 55'00 tlechanical... 75'00 55'00 giiciri cal . . . No FEE No FEE 3;;;i.i-(inciuaes drlTrall ' gllss' masonry, concrete, elevator etc.... 75.00 55'00 . 75.00 55.00 \' LIABILITY y'OPtion l----./ the aggregate for Bodi'lY Iniury the aggreiate for ProPertY Damage $1,000,0oo $ 1.000 ,o0o in in Optlon #2: Conblned sin91e'limlt of $l'000'000'00 IIORKIIEN'S @MPENSATTON - Show that you are covered in the State of Colorado rNo l,lorknrn't biii]'-" - Friiii'd-i iliter statin-g.vog are the sole owner & wlll not rtiiJ-tite-io,n ftiute for anv accldents' ^At the tim you-friii someone you will provl& us with I'lC' il0TE: If you arc purchasing an electrica'l or p'lrnrbing reglstration' Jou 4,9!' grovide " .opy-oii"fiuti.i Rigistration'fponr t[e State of Colorado' Thank you, Janei I Turnbu'l l TOV Building Dept. t. .; .' O I': , eu. I a a a a a a a a . a a a i, o a a a a . l, a a a t a a a a a aaaa...a '1. A Corporatlon A Partnershlo An Indlviduai Principal Offi ce : , . . . . . . . . . . . , . . . . o. r . . o . . . ....r.....o.. ffi (AtA Document r{umber A-305 79 Edrilon nay be .L_^!:,t-luny Jears^har_:::f_g"grnizatfon been tn bustness as a 'contactor under your piesent 6;;i;;;; name? . a.a.a..a.a 2' Hor'r many years.experience in-the proposed type and size of construction work has your orga;iiiiiln .had?, aa.aa 3' Llst the tott l!::T!-projects your organization has had In construcrion work similar in-typi ini'stze: Type Class and of work lJhen Comol eted l{ame and Address of funer aaaaaraaaaaaa aaaaaaa.aaaaaaaaaaaaaa " t " " " " " ' ' ' ' ' ' ' ' t' ''' a a a a a a a a a a a n a a a a a a aaaa a aa.a a aaa a a a a a a a a.a. ,.......'.:........ """"""t"""""""""'o'aaaaaaaaaaaaaaaoraaaaaaoaaaaaaaaaaaaaaaoaa '...... rr.. o . . . . 1 . . . . . . . . . . . . r........ " "'.."""""t"""'aaaaaaaa aaaaaoaaaaaaaaaaa.aaaaaaaaaaaaaaaa 4.. Llst nunicipalities you have ilcenses and current status: """t"t..aaaaaa.. aaaaaaaaoaaaaaaaaaaaraaoaaaaaaaaaaraaaa aaaaaaaaaaaaaaaaa aaaaaaaa.aaaaa aaaaaaaaaaaaaaaaaaaaaaaaraaraaoaaaaaaaaoa.aaaaaaaaaaaaa """"""""t""""""""'a.aaataaaa.aa.aaaaaaaaaaaaaaaaooaaaaaaaaa ;i'.' ..: t i.'- ' .. ] . 5. I'lhat other inportant proJects conpi tted? Type and Class of work of similar nagnitude llhe n has your orlanization. ..aa..a.aaaa aaaa.aaa.raaaa aa.,i.. Nane & Address of O,vner aaaa.aa.aa.aaa.aa, a.a aaaaaaaaaaaaaaaataaaa aaaaaaaaaaaaaaaaaa 6. Have you ever fai'led to cq::pletE any work arrarded to you? tf so, uhere end why? ........ 7.. Nane the Surety.Conpany, bonding capacity,and the name and address of the locil agenclyou expect to use:............... 8.- tlhat is the construction and experience of the principal individuals of your organiiation-ana itiose Incrvlduals to be directly involved ln any pioject-tn tti to*n of Vail. Individual,s Nanre 9. Do you hold ' Present Yrs. of Con- Posi tion 3truction or Offlce -Exoerience llagni tude t T.vpe of Uork In lthat Caoacl tv? -"""' aaaaaa aaaaao a a a a a a a a a a a a a . a a t:.ttttt""'to'..o..""""'..oaa....a.aaa.a.......a...ta....a.aaaa.aaa.aooooor "" " ' a a a a a a a o a a a aa a r a a a aa a aaaaaaaa aa aaa a a a a o a a any valid I icenses. l.e. i.taster plurnber, Architect, Electrical? a aaaa aaaa a a ao a. aaaoa Con:l eted E t .tt I -:-._ ..'i r o .....: 4a.... .aaaaa .aaaaaaa ..:..................... ""':" li'..I|;,.i!l #T::. t:, I:.: :l t..,ntracts :lj.:!-r:,r, or J,esr conpa ny,p.".ry to..during the previous five (S) years.A) percentage .or proJects completed rrithin schedule...............2 aaa.aaaaaaa .aataa a a ata a a a a a a a a a a a a a a a a . . . a a aaa.,aa ll;r.ll;l.li,l:1.t1"",:3"1l..j:-fi.l. yoy, or our .ono.nr, o,tha r were i nuiiie["l _ur. I? I ourlne .h. l':.ylgys ten [ib'j i..", ,rn lrrrgatlon o.f any rype: t3. l{. How nuch of the work ulll you do dfrecily conpared .Eanking References to sub-contractors? A. 8. 15. Trade References .A. B. c. D. '8. it''re..r ..-.. F.i.. '. .t'/r. 3 t.a o l9:^I"::.fy_:vil had a ltcense tn our area or any other arer unoer any nane that was: A) Revoked B) Denied C) Suspended If so, please explain: ......: . . o . . . . . . . . . . . . . ....... 17) If r ll') If registrant ls.Corporation or partnershlp, please sttte app l i cant rel ationshi o/olsi tiii.'p/posi ti on: l8) l.lhat is your postion ln thls registrafion? A) Officer 8) Stockholder C) Principal . D) Other: r l9) Social Securlty f: ..............:....r.. Anach Docurnerll Ai l.irre lDvttrcED/DEcr.rrEross Col,orado AO|aOWllBI FOLICIC - SPECIII. DEIff BoBtl (BD lO/E4) Colorado BOry-TSSESSABLE POLItr ISEUED ST II|EBIANT IIDfTLT Tf,ITT'}I. IXfiIrTtrCI OS{PI{Y A MII|BER OF tttE Al,tlhleAff ttl|ltI lxtutrFeB cRo{tp ilADrEolf, Hr. PT,IISE IE.ID tu'N DOI.ICT BQLrer nHBEn rorlc cBB O5-E3O91I-01 Flrrtnsrt ot UaIl l? valf EoaA Veil, CO 01657 XN'AD II$|f,ED Aller, Francla & Paula 2e92 f,€Itfforrr ffl/2 EFPEerrvE vrll, co 9166? Frorr g-13-E1---io -0-lt-02 CO\TER}BES AIID LIT(IIIS PNOVII'EI' 2 lll(ILY Plrnp DIllLLrHc ltt :!OOf CLrBE E sEC|tIOlt I DI|BIILING PEIEOTTL PBOPERT]E Ol[ PTEIfISES LIMIIS t?3,OO0 t36,500 PBR5OilAr, FBOFEEtr Olp PBEMTSBS 100r SrrAtEc[ :ro por"rcr Lrilt.laaton6l Logg oE IISE - Act{t}L LOSS AUST THED WITEIT 12 tfirFTBS O" rEE IrtS DEDUCIIEf.E r|{Ottuf - trt PtatB frB0 SEGTIOF IT DEngoKtt trtBrLlrtf fr00,000 l@Ictt SrErgE ll,o0o IDDIIIOTTIr FE,OIrECTION/EXDOASEMHTS fotel Preoriurn f238 rot.r p"".Q 1238 I.TEEGjI II'IITDIf,G EOS:I If,DEX FROI{ ]}T|ERICI[ IFPEI'ISTI, CIII|PAIIC I8 I8I Declstatl,ons gffeqtlve on the darte shoyn sboye. l"heae declaratloEs forn a plrL of !$ir. pglicy 3ld replecr all othrs ihelrgrtiour rrtigh urr hrvr bna_ isurd pieviouely for. thit trEliey, If thiE deelaraliorra ir accon;rlnieal bi a aew policy. the-policy roplrcu -eng *f,ich ney Levr bern lrrucd btf,orr ilth tlhr- renr pollcl -aunbrr.- Ntsof,rzED BEFEEEHIEAIIVB DaIe F, Xrthricb Eert Errtobi:on Preciilent B€arotary rGn|E 120t307 f,alcy D. EaY P.O:-Eor z?Bs Avoue CO 81620 H. APPLICATION FOR EXEMPTION FROM EAGLE COUNTY SUBDIVISION REGULATlONS Pursuont fo Section 6.01 of the Eogle County Subdivision hereby opply for exemption from the provisions with soid Regulotions I lotions os (*") to my (our) proposed development known os C*t.tonQsde 6.J;e\ Locoted: .Od.Q,.: ,s 5,b{,b{Cifu de$rqa4*l-+qrtZ^{ ## utt46Zlt ony ocnon Dyfinrs Lommrssron gronnng sold requesr ror 3ol +t#tZ^0 regulolions exemption opplies only to the proposed development os shown on the sketch plon or other informotion oftoched f;ereto. E*/ .v€ 2 v2-;/ 4/,,L*-c1.-*' *t.. (Must be signed by qll the record owners of the property) Doted . .. Received 8y.... RESOLUTION The foregoing Applicotion hos been considered by the Boord rhi, . . -Z g.*, . ') doy of .qa*"*...... 19 .7y' which finds ond determines thot ihis Division L of Londs is not within the purposes for which the subdivision regulotions were odopted ond therefore soid Applicotion is gronted G). Boord of Couniy Commissioners of- Eoq."[e Coun 7.3.... C hoirmqn Recommended for approval by the Eagle County Planning Commission BY at their meeting on 16 January 1974. RECiiVID 0[C r T n7S osDL 0f plrnnrag & uclsj uZIe County, Coto. .i r---t-., {4eear $- Erae Rbd S I if er , Chai rman Poge 3l ot''_ <JYbhaNdL -nginszu, I nc. CIVIL ENGINETRING . PIJ\NNING . sURVEYs SUBD|V|5IONS - WATT,R & SEWER SYSTEI\5 Kenncth E. Richords Box 643 Voil, Colorodo 81657 Phonc 476-5072 Dqnvcr 244-1521 January 4, L974 Registerad Professionol Engineerr Registered Lond SurveYors Mr. Michael S. Blair Planning Director Eagle County Court llouse Post Offlce Box 789 Eagl-e, Colorado 8l-631 Re: File No. SE-46-7 4 - Exemption - Merco Townhouses Lot 10, Block 6, Vail Interurountain Development Subdivision Lodgepol-e Construction Co. - Mervyn Lapin, Owner Upper Eagle Valley Sanitation Distrlct Dear Mike: The above captioned two Merco Townhouses are roithin the boundaries of the existlng Upper Eagle Valley Sanitation District and can be served by lts lines and t.reatment faci.lities. The District will be expanding lts plant this year to double its present capacity. Sincerely, RICIIARDS ENGIMERS, INC. . /, -"-, '-"a ) 'Z =-// t/f-,/ Z ,t1/Zz'l'ztz'ta- c ' 44-i-A Ke/nneth E. Richards | : Engineer for the Distrlct KER: cr cc : Mervyn Lapi.n Janes Coll-lns, Manager A1 Flewell-lng, Superintendent ptTn;;t ,;n Upper Eagle Vali-ey Sanitatlon District | \ "\' I ' J J.lrI I l' tgi3 otrpt. a'f l.-.r:r: .: .. -.---J. ftj,lr U,i::l:!y, Lr.a, 8ox 386 - Eagle, Colorado 81631 January 7, I97l+ ltlke Blair, Planrdng Director Box 789 Eagle, Col_orado 81631 Dear Mike: The Merco Townhouses request for exenption lras sub_mitted to the Eag1e County SoiJ_ Conservation District for revi ew and commenr. Si"g: !F" is already part of an approved subdivision, we woul-d like to recomnend that the ei-e.rnption be granted.We believe that thts is the ttrpe of "ito.tion thtt the exemption was designed to covlr. shr Sincerely, t4"- e W'""-L^''^- Ross E. Chanbers President ru-q }OHN T': VAN]'EHITOCF !fiml v'*:d-o.vE-- "Governor \ JOHN W. ROLD D iractor COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 254 COLUIIIBINE BUILDING - 1845 SHERIIIAN STBEET DENVER. COLORADO 80203 PHONE 852-?611 Mr. Michael S. Bl-air Eagle County ?lanner P. 0. Box 789 Eagle, Colorado 81631- Dear Mr. Blair: In regard to your letter dated sufficient information to nake wi.11 have to be administrative lnformatlon is supplied to us. January 7, L974 RE: FILE No . se-a6-7t Hm,rprroN UERCO TOWNIIOUSES December L9, L973, we feel- that there is ln- recomendations at this time. The deci-sion on your part unless additional technical SJ.ncerely , JAi,l I - 1973 Dept. 0f pt:nri.g & Dcvc,l. Eagle Co!ni7, Ccio.. GEOLOGY THE PAST . . . KEY TO THE FUTURE g/4,4 L. R. Ladwlg Associate Engineering Geologist Lru/je cc: Land Use f,gmmi gs161 STORY OF Robert H. Earr Plannlrq Asslst6nt RHB/Kt cc: Board of County Commlseloneral i.r', Plannlng Commi$'s:ioni ' :: Staff , ranuary L, L'J /+ rrn. l,ti.chael S. Blair" lagle Cor,rrtrr Plarning Dir.ector llox 789 Ea-qle, Colonado 81631 Dear: l4ike: Tharrk lrou fon the ilfonnation on the application fon exenption fon the i{erco To'nhouses, File ltro. Se-46-74. A.s tlait Internountajn is not jn the i/ail VillEr'.e llest Llater" and Sanitation District, we have no ccrirnent ancl find nothine '"nonq 'nrith the above aoolication. p{*- Vill-arre lniest iJater and Sanitation Distnict it::j".:,) JA/v 3 r t9/3 D. Brcwn aoenr, r/al_-L a.rrz o"l.-l: :,;,'.r,n.,", N". 23814 O - $1'r- County Treasuret's Officg Eagle County' Colorado Eagle'Colorado' u-<-o' /? '923- o1 P*.-;1, G -*&; ^nu--,. *EerriuPil , DePutY Cash Book Page - o="o*l*r oF Pl:i5':S'iil orveOve ^rr OOURTHOUSE P' O' Box 789 Eagle, Colorado 81631 19 December 1973 Re: Fif e No- Se-a6-7f - ExemPtion Applicant: Lodegpole Construction David Col lins Box 352 Vai l, Colorado 81657 EncIosedherewithisanapp|icationandp|ansubmitted'totheEagIeCounty PIanningCommissionforreviewandrecommendationattheirregular meeting on 16 JanuarY 1914' lnaccordancewithc.R.s.106-2-9,106-2-33,and106-2-34'1963'as amendedandEag|eCountySubdivisionRegulationsSection6.0ol9T2' you have 24 dayswithin which to respond or the request will be deemed to have been approved by your agency' The Planning Commission would sincerely appreciate your comments and recommendationspriortothemeetingdate.lfyoudesireadditiona|information or time, Please advise this office' Thank You very mucht 4:z*/ Mi'chael S. Blair Planning D irector MSB/Kt Phone 328-6338 - Merco Townhouses