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
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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.
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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
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. 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
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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
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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
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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
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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:
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.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
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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
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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
-
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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.
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^*". 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$ion
Minutes
September l1 . 2000
J.P. Ots|fen, 303-7..-221lr Gl), 970479{212 M
Iot Ann l(terulf Frpm: J,P_ O'Brbn
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tr Urgrnt X For iovlail O Plo$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
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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
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[Go to News T'able o1'Conlentsl
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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
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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 -)
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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
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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
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Fagle County - Assessor Database -
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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
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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
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, 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
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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.$lcc
?- r"-o-:6r- ]o \ ta, I
f -b -ad
* Plc:isc bring a sitc plan. floor plan, and clcvations whcn obtaining Upper Eaglc Vallcy Watcr & Sanitation
signahrrcs. Firc florv nccds rnust bc addrcsscd.
NOTES:
l. Ifthc utility vcrification fornr has signaturcs front each of thc utiliby cornpanies. and no
collllncnt^s arc ttradc dircctly on thc lbrrn, the Torvn rvill prcsumc that thcrc arc no problcnrs and
thc dcvclopmcnt can procccd.
1 If a trtiliry cornpany has conccms with thc proposcd consfruction. thc utiliry rcprcscntativc shall
notc directlv on th(: utility vcriilcation iirnn that thcrc is a problcm which nccds to bc rcsolvcd.
I t: i.s:;Lrc sli,.:lit iiteu bc ric::ii..:l in arr atllrchcC lr,'rter t<,. th,: Tit,,r'li ci V'aii_ ijcri.ci... .. ,.rs,j
kccp in minri that it is thc rcsponsibitiiy ofthc uriiiry company and the applicant to resolvc
,,- -.,rulr-u t,r vJ. -..t-.
Thesc vcrifications do not rclicvc the contraitor of thc responsibility to obtain a Public Way
Penuit front thc Dcpartment of Public Works at thc Town of Vail. Utilitv locations must be
obtaincd bcforc dissing in any public right-of-rvay or cascmcnt within thc Town of vail. A
" Updated 6/97
I
uNDERcRouND l.dilto*t
!"li:,I'Jl'J t..i d'r!:'rr:l.r 1 l,l',11"{'' tltrirr "rrr1 [lt. i]:i ri:):' i,hl r.1/r I
970-255-7535
f rr hvl; i'lttr'l l', 1L',i,t 1, r' lllirl;r'l .' ii t. ir li't; -,i:,t'!'.i
i'i .r til i rt-,ti t. t: . ii"rl r:, 1 lt'.i \,ir I t.lll! .1 r;;1i;5 lt:i,;irl l'!.1 1.lfr". ll l.
i.l t , r I t r r' r: l: ; ' , I ! r,i i,:{i r.r t/t'rr .1,1f:. i'il.', lrn,.i ltJi,l.il'4 i t;'l ilr + li,'l; ir.t.r t.!.ri' l,li..r i, t
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i.i. j,l.r,| 3.n!,tr;1itt.j lil I r.i . u (l'rl':itirlii,.i lr";$i, r I t,rt.l*it {-
!', 1rr.. irt' (ii,r | : i'rtl: lt.,. l. ilr li't]|i ;lltlli 1r :g.r,, : li
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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. +
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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
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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:
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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
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001 oo0o 311
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001 0000 311
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ill'i0LjilT jrbi)trtl
$iu.8B
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IHANh Y0lJ i0R i0tiH i,Ayllrfii:
Money Order #Gheck #
4A
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30
$200.00
$500.00
F,,so-0.00
g.1pqo.qq
$200.00
- $250.00
$250.00
_ €99!q
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2,./t t t'Jrq 4\ 4.
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Received b ,ftuu
F;/EvoryondFormdsalgsacl.exe
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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.
\\
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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).
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ZONE CHECK
Legal tlescription: Lot tr) Block b niting
Addrcss
Owncr
Architcct
Phone
Phone
Zone disnict
Lot sizc r
Site Covcragc
Height
Setbacks
Landscaping
Retaining Wall Heighs
Parking
Proposed use
Buildable
Allowed
<aTr
5W
Existing Proposed Total Remaining
rotarGRFA J51o * K# =
Prinrary GRFA _ + (425) (6%a =_
Secondary GRFA _+ (425) (575*)=_
* 675 = 425 credit nlus 250 addition
Docs this request involve a 250 Addition?
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.
Senior Building Inspector
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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.
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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
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4.. Llst nunicipalities you have ilcenses and current status:
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5. I'lhat other inportant proJects
conpi tted?
Type and
Class of work
of similar nagnitude
llhe n
has your orlanization.
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Nane & Address of O,vner
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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?
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any valid I icenses. l.e. i.taster plurnber, Architect, Electrical?
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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
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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:
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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