HomeMy WebLinkAboutVAIL INTERMOUNTAIN BLOCK 9 LOT 5 LEGAL FILE.pdfIRREVOCABLE LETTER OF CREDIT FORMAT
Legal Description: Lot S Block q
,N.VAIM'Subdivision: YAt L-
Address:
Developer:
Project Number:
lmprovement Completion Date:
Letter of Credit Expiration Date:
DEVELOPER IMPROVEMENT AGREEMENT
by and am
Vail (the "Town") and
'"i .'.'$il \'ciihioihld Zp-dayof f)u- ,2006.
VL- - l(the "Develooerql.and the Town of
]?l'"jets""t'flfl'
of
WHEREAS, the Developer,condition of
Occupancy for
forth in the attached estimated
filed in the office of the Commun
WHEREAS. the wishes to provide
Agreement, including completion of all improvements
the following:
the Tem
vement
or collateral sufficient in the
tion of certain improvements set
proved plans and specifications
nerof credit *fi'tfiQffitne amount
asa
vN(
(address, legal descriptir i;-,;";.i; ;;, 4;"K ": rm"jron"'Y15f;fffJi7" make reasonabre provisions ror r
The Dpveloper agrees to establish anjqrevoc
of $'l5r@Jo with jlldm
-
-----------:-
(nqme-of bank in Eagle County, Colorado)as the security for the completion of all
in the event there is a default under this improvements referred to in this Agreement,
Agreement by the Developer.
NOW THEREFORE, in consideration of the following mutual covenants and agreements,
the Developer and the Town agree as follows:
1. The Developer agrees, at its sole cost and expense, to furnish all equipment and
materials necessary to perform and complete all improvements referred to in this Agreement. The
Developer agrees to complete all improvements referred to in this Agreement on or before the 30 oay ot rltf'.E ,2A7 . The Developer shall complete, in a good
workmanlike manner, all improvements referred to in this Agreement, in accordance with all
approved plans and specifications filed in the office of the Community Development Department
of the Town of Vail, and to do all work incidental thereto according to and in compliance with the
following:
Flcdev\FORMS\DlA\DlA credit format_112002.doc Page 1 of 5
: l. '.1\ : ''..r. ..'-
a. All said work shall be done under the inspection of, and to the satisfaction
of, the Town Planner, the Town Engineer, the Town Building Official, or other
official from the Town of Vail, as affected by special districts or service districts, as
their respective interest may appear, and shall not be deemed complete until
approved and accepted as completed by the Community Development
Department apd Public Works Department of the Town of Vail.
i ' ', r ^. , r ,I' ..1.." ..
2. To secure and guarantee performance of the obligations as set forth herein, the
Developer agrees to provide security as follows:
lrrevocable letter of "r"6;1gffii$TEg in the amount of $
(11fi% pf the total costs of the attached estimated bid(s)) with _hrrlc (naqe of bank in Eagle County,@-Jrlas--,-nLqL$ot to expire less
than 30 days after the date set forth in Paragraph 1 of this Agreement) as the
seculity for.thg-completionaf all improvements referred to in this Agreement, in the
eVent there is a default rJridei tnis Agreement by the Developer.
,""**'a*'ill&?iff.ll€it,ffi';9"rufrS':'1fi:'?i[?-ffi:Y""ii:i?'Ui":lJiJHH?l:',f;
of those imorovements-referredto in this Acire6ment andt$e obrformance of the terms of this of those improvemenG'ieferredto in this A[FeEment and,t{fi ftrfo.qmance oi'the terms of this
Agreement. Such acceptance by.,the Town of alternative security dr collateral shall be at the
Trrrrrn'e cnlo dienrpfinn i'"ftn | 4.t,
4. The Torr,,n Shall not^;'ror sfratt any fficelongrpfoy"e thereof, be liable or
responsible for anyqccident, loss 6r lambge happening oi bc*ning to the work specil
fopui
Town's sole discretion.
\;
ppening oi bcilrring to the work specified in this
Agreement prior tb the bompletion inC aiceptance of the same, nor shall the iown, nor any
officer or employee thereof, be liable for any persons or property injured by reason of the nature
of said work, but all of said liabilities shall and are hereby assumed by the Developer.
' 'l -r ''''','..1.'
The Developer hereby agrees to i,hf,Emqify..an$ hold harmless the Town,. and'any of its
officers, agents and employees against'an! to'sses, claims, damages, or lidbilitieslto which the
Town or any of its officers, agents or employees may become subject to, insofar as any such
losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based
upon any performance by the Developer hereunder; and the Developer shall reimburse the Town
for any and all legal or other expenses reasonably incurred by the Town in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer my have.
5. lt is mutually agreed that the Developer may apply for and the Town may
authorize a partial release of the security provided to the Town for each category of improvement
at such time as such improvements are constructed in compliance with all plans and
specifications as referenced hereunder and accepted by the Town. Under no condition shall the
dollar amount of the security provided to the Town be reduced below the dollar amount necessary
to complete all uncompleted improvements referred to in this Agreement.
.t fr 't t
ooo.oo
Flcdev\FORMS\DlA\OlA credit format_1 12002.doc Page 2 of 5
6. lf the Town determines, at its sole discretion, that any of the improvemenrs
referred to in this Agreement are not constructed in compliance with the approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail or
not accepted by the Town as complete on or before the date set forth in Paragraph'l of this
Agreement, the Town may, but shall not be required to, draw upon the security referred to in this
Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant
to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this
Agreement may be revoked until all improvements referred to herein are completed by the
Developer or the Town in accordance with this Agreement.
lf the costs of completing the uncompleted improvements referred to in this Agreement
exceed the dollar amount of the security provided to the Town, the excess, together with interest
at twelve percent (12o/o) per annum, shall be a lien against the property and may be collected by
civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner
as delinquent ad valorem taxes levied against such property. lf the Developer fails or refuses to
complete the improvements referred to in this Agreement, such failure or refusal shall be
considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer
shall be Ities
ail Town Code.
7. The Developer shall warranty the work and materials of all improvements referred
to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter
8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said
improvements.
8. The parties hereto mutually agree that this Agreement may be amended from time
to time, provided that such amendments be in writing and executed by all parlies hereto.
Dated the day and year first aldve written.
lN<.
STATE OF COLOMDO
COUNTY OF EAGLE
The foregoing Developer lmprovement Agreemeq
7rz Oay o'f '\-e-<-r-.<-L.---, 209<chy
Witness my hand and official seal.
My commission expires
(
Public
ss.
was ackqowledged before me this
F:\cdev\FORMS\DlA\DlA credit format_112002.doc Page 3 of 5
7oD
STATE OF COLORADO
COUNTY OF EAGLE
Town Planner
)
)ss.
)
Witness my hand and official seal.
My commission expires:
Deve-loppr lmprovement Agreement was acknowledged before me this
,2oMoy
STATE OF COLORADO
COUNTY OF EAGLE
)
)ss.
)
id_'.Fr';i?fi
Witness my hand and official seal.
My commissio n.*ln""' SlulTOOT :-$',:::il'ft '$11orep"'$
r' -.-r :
Ff'"..:li
;*a;'coid
Flcdev\FORMS\DlA\DlA credit format_112002.doc Page 4 of 5
My Commission fxpires 08i11p007
Nemc/Addrcsr
AIVDIEMENINC.
bor( 1832
VAIL CO. 816s8
Dste Ertlmalc ltlo.Prolect
12/25/06 5
ltcm Descrlpdon aty Rata TfrI
landrcaping
Iandscaping
pl6n1 trecsp shrubs per landscapc planr (labor/materials)
build stairs &om driveway levcl to ortry lcvel fiabor/materiats)
4,200.00
2,200.00
4,200.00
2,200.00
Tffil $,4oo.oo
n Alpine Bank
! ?'
coPy
TRREVOCARLE STANDBY LETTER OF CREDIT
JANUARY 2, 2OO7
$8,000.00
4450289933
JLrNE 30,2007
VNN DIEMAN,INC
or
PTIRPOSE:COMPLETION OF IMPROVEMENTS
To Whom It May Concem:
We hereby establish in Beneficiary's favor, at the lequest and for the benefit of Applicant, our
lrrevocable Sta:rdby Letter of Credit in an amount not to exceed $8,000.00 (IJ.S. $8,000.00).
The purpose of this letter is to secure the performance of and the compliance with the
Agreement, by and between, Applicant and Beneficiary.
Beneficiary shall promptly notifu Bank when a default or event of default ofsaid agreement
occurs. Your notification shall include any notice or order required to be sent to Applicant
pursuant to the agreement. Notice shall be by telephone and in writing to:
ALPINE BANK VAIL
ATTENTION: TOM KRABACTIER
141 E. MEADO1V DRTVE, SU]TE 8178
VAIL, COLORADO 81657
970-476-8700
We hereby agree to honor drafts drawn under and in compliance with the terms of this Letter of
Credit if duly presented to a loan officer at 141 E. MEADOW DRIVE, SLIITE 8178, VAIL,
COLORADO, during normal business hours on or before the expiration date. Partial drawings
are permitted. This Letter of Credit is not transferable.
The conditions for payment of any draft drawn against this Letter of Credit are as follows:
l. Receipt by Bank of Beneficiary's manually signed statement by an authorized signatory
certifying that Applicant has failed to perform with, or comply in accordance with, the
provisions of said agreement by and between Applicant and Beneficiary, and stating the
dollar amount of the default.
Voil
141 Eosl Meodow Drivo. Suite 8178
Voil, Colorodo 8l 657
970-476-8700
Fox 970-47 6-2366
Date of Issue:
Amount:
Number:
Expiration Date:
APPI-ICANT:
www,olpinebonk,com
n Alpinc Bank
2. Presentation of the original l,etter of Credit to Bank, endorsed on the reverse side with the
words: "TOWN OF VAIL, COLORADO" in the amount requested, then manually signed by
an authorized signatory.
This Letter of Credit shall be govemed by Article V of the Uniform Cornmercial Code as in
effect in the State of Colorado on the date of issue. This Letter of Credit sets forth in full the
terms of our undertaking, and such undertaking shall not in any way be modified, amended,
amplified or limited by any document, instrument or agreement refened to herein, or in which
this credit is referred to, or to which this credit relates; and no such reference shall be deemed to
incorporate herein by reference any such document, instrument or agreement.
By:
TOMKRABACHE
www.oloinebonk,com
Departmmt of Comtnrnity Deuelopment
75 South Frontage Road
Vail, Cohrddo 81657
970-479-2138
FAX 970-479-2452
uturw.rtailgoa.com
October 9,2007
Alpine Bank Vail
Attn: Tom Krabacher
12Yail Road, Ste.200
Vail, CO 81657
Re: lrrevocable Standby Letter of Gredit Number 4450289933
Applicant Van Dieman, Inc.
Dear Mr. Krabacher:
The above mentioned lrrevocable Standby Letter of Credit has been released by Warren
Campbell, planner on the project. lf you have any questions please call Warren
Campbell at 97 O47 9-21 48.
Sincerely, ./\t /1 l. -f - t I t/- |Y11 n t-L (- vrr( beL..,
vlll
Lynne Campbell U
Office Manager
Enclosure
fi RECYCLED PAPER
ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail, CO 81657
teli 970-479-2138 fax: 970-479-2452
web: www.vailgov,com
Project Name: Lot 5, Blk 9, Vail Intermtn.
Application Type: DupSubPl
ADM Number: ADM060022
Parcel: 2103-143-0103-0
Proiect Description: FINAL APPROVAL FOR A DUPLEX SUBDIVISION FOR A NEW
Participants:
OWNER W, L. BROER CONST CO l2ltll2006 Phone: 480-893-9688
11628 S, WARPAINT
PHEONIX
M 85044
APPLICANT PETER COPE
PO BOX 1832
VAIL
co 81558
L2l LIl2006 Phone: 970-479-0795
ProjectAddress: 2830 BASINGDALE BLVD VAIL Location:
2830 BASINGDALE BLVD.
Legal Des€riptionr Lot: 5 Block 9 Subdivision: VAIL INTERMOUNTAIN DEV S
Comments: See Conditions
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approvat I2l t4 12OO6
Meeting Date:
Cond: 8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: WarrenCampbell DRB Fee Paid: $100.00
o
Application for Administrative
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970j79.2139 fax: 970.479.2452
web: www.vailgov,com
General Information:
It is unlawful for any person, business, or corporation to violate any of the provisions of Title 13, Vail Town Code, or
to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold
interest), interest in common, condominium interest, time-share estate, fractional fee, or time-share license, or any
other division within a subdivision within the Town until such subdivision has been approved in writing by the
Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable) and a plat
thereof recorded in the office of the Eagle County Clerk and Recorder.
Type ofApplication and Fee:
DuDlex Subdivision Plat $100
PhysicatAddress: ]-8\ O Bq t,.,a,l^|" 6l r),
2l0l lt't9o to'lo (contact Easte co. Assessor at e7o-328-8640 for parcet no.), ?/5
Subdivision Plat Review
! Administrative Plat Correction D Condominium/Townhouse Plat
\f v 3 o
s-a
c,
L\A
x !$100
$100
Description of the Requese \..PLx S..b,l,r, sirr.. -0- ne.-r Skuct*re
Single Family Subdivision Plat $100
Zoning
Location of the Proposal:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
8/ 6fg
O- 2-l o
Mailing Address:I+rv^ <-
Phonel
E-mail Address:Fax
For Office Use Only:
Fee Paid:
Flcdev\FORMS\Permits\Planning\Adminiskative_Actions\Plat Revievdduplex_sub_review.doc Page 1 of 4 12-6-05
:l
From:
To:
Date:
SubJect:
Tom Kassmel
Wanen Campbell
'12i14/20068:42:24 AM
Duplex Subdivision
Wanen
The Basingdale plat looks good from PW
Thanks
Thomas Kassmel, P.E.
Town Engineer
Town of Vail
Public Works Department
1309 Elkhorn Dr.
Vail, CO 81657
(s70) 475-2235
DUPLEX PLAT
EAGLE COUNTY, COTORADO
cEilFr rE G lEc^llq| l'5 or5Elt
r(.tu dll ns by lhn. F.6ls bot w'l. &* cd.loolld Comto), ^N.!lo*o coFord, lst ta
ror t &d 3. v.r h(hglicre Ddr.9t6! 9rbdltrd. &cdetl io
ln. 6- lhc.r.c4d.d ct R...D!6 |lo. r2l1dt h $. dn . ol tn. Eoc.
cdnl, cc6oa.. o... Md n .r.ld, .o^roirhg o.t2l2 os.t. Fd. d
h.{ by rh.t. !r....rr rojd dl. prorr.t sd lbdlrd.d tn. .m hl.
,d.d. d rrrft^ 6 $h rhd prol und{ ln. id. oc .lr. ol vol
hlrr\FrCn O.ldqlir s{bdaltro., A R.dndMtLr Or Lot t Bod a. d
&bdYild h ri. Ts .t v.r, Eot. cahtr, c.ldoc.. od d. rr.!y
d.dknb ad !r .ori dr .r tn. ,!tlk ro.d. d! .k pd&
6r.ommb e, er...r or .hM 6 u. @6'drbt
'|ol
t. fi. o .r ,r
rlbrL lr@; od do n.r.tr d.d..l. lhd. rsllor .l .dd r.ol p,o?ltt
rtkh e. a46l.d d .omdt d lh. ..@r96t4o pl.l d! ...6dlt rot
od lto h.r.by 9.^l s. dlnr to ,tnd nd
6.hl.ri rroctr.. lc lb. dilr 6+dtbl. td p.lvidhg lh. ric-
|.l 6tn tn. .s6t! r. drod$,.4
aret.a th.--&/ or----- r.0, 20-
lr!.L &d c!..lru.tEn Cmo.ie
,dctE-----
srAfi or_------l
coiJxrY of _____--j
lid ld.lohs hrl.lm.ni h' @borl.ct.r b.ld. d
A.0., 2C__ ry ____
- or ri! &o.r cmlhotlM ComP.ny, ^ r.t.P{
lllt^ri or hqd a3 rd
ot !oM, 0G.6b-, 2006.sr @mrtn-t Xo VII ootqoa d.taa tt/27/6 $. tdhl r98 tol
' 6d @.6sr htm.tlon,1..
^ocsnt{ b Col.rc& E' p nurl .ohn.tu. dt ,.9d !41".cac or lr.rct h hb :dy Jtu! rt.. ,.fl .fir FJ nrl
, .cr a.rd h no .fll m., oy Gllo bd !F 6r d.r.d n
dv b. ffirE a d. $6 16 .ffy b. ffirEi d. lh6 16 t*.r i6 rn ad. ., $.
3..L ol A.dl4t A ih. tudhg tr. .rLlhg l,l '.b6 q! *h.o .@
l5oJr be.r.c ol rhr .orin €ro ot Lor t d cumr HM r.l h ,1 d.nd.lnrrn c.9 LB, ,lc$.1 llr. tc Llr l,6.she h.hg M61faJ'1.
d. sl.r b ! eqlr fil ^t-fut rqd.{ q'dd
& r r/a awlrjl crP Llto u5€ tlrranY
0,.6.6 th dr.a.'
ql!:l_ t/z oJ'i.l
?l!d1 &.he.oh EqLda
2AJOS 6{htadr Ad.gd
LOT 8 'Itu caxlnallE
tr{ ]1|l. O!.or- cricrr d* nr.6, c-rnr $.t !n. r|ll. l! d hl. fid .|.i n . b6 Gnh.d d ir 6l.t h |/L i.d cd.r,vcl&r c6r6r l N-.ar{o cdrro$o. dtt !d rr!. r. 'di
\
\I
O.i.d rhl|
-
d.t .l
LOT 4 FtrFtrFr-F--;-=a8rprtE 6 lEorc rna tot mnmraE ot olao ol tft'lsr r|q-a
l(i& oll dfl be Ud r'&1. b.t tkttSd.r .l vo[. b.he rh. hcldt or
o ro r!o9..' 4..d ot tr.r.i thot '.d P,wlr.ltJo v.r €.4r co'rr. corNda
".i.ot !, Ed 9, vd hr6Mtoh D.v&r.nd! S!dl!ltlo4, d, -dahC 16
r^.'e rt.dt rdihd or l.trJtb ro 12r!6 b 6. oifd.l lr. t.el.
c.6t, c.r*d.. q.'r od Rdrk .4r.hh9 0.t212 e{, nd. {
hdr bt th.r. !..o1, l.ia el, piottn 6d obdlr{d.c lh. 3qn. r'lo
rrclr. w @tr 6 rlrrr fih.l rlol ddr rh. .s. 6d rly'. or vol
intrMrdi O.{Lamr g$drtla., A R.ddtttd or Lol 1 €|&r 9. o
.bddrln h $. iM.l vd, tcc. cdtt cddod4 .ri co h.*y
d.dEr. 6d r.r 9di .{ ., rn. rdlr. ed. 6c .$r Bira rlwmrt. oa ,r..- d Jtd r dl. o<nrslht d r
tvor. h.ra c|d to hr-y a-L... rrD- pdL4 ot rdd nd Fo9rlt nrld c. hCcotrd 4 os-t 6 lh. oesr9otnt t.t q @-noo d
dtl d. .t.lr gel thi r{bl b tr.bx 4c
tc t,! otlly '.e.itr!r. rd F@ ld ihrdl th. €e.^t. n .rl!urd.d.
Lq€ nn. c\,dqr{ Cdipdt
rDvt{ni Td c'irfr^rE
D r nid Dl,ol rr hdby otp.o!.d t, !h. ldr .t v.n ktnhht clor til!
-
&, ot
----.-_
LOT 1I
Foll,lo ,a iEaa r r r/r' .r!'{r|i! €^P
LS 59Jl \
,, \---\
^0 F.L {'
^\)o-
clnrlflcarE 0a r Gl tao
r, $. 6dtttn.4 6 h-.it d|lt |jr.l Ur. -I. 6@l .l lcq 6d sil. 4. od ,cFDr. -lts ca 9qr.l ol rd -i.t. aEi6.a 6 tN. pr.r f. D.l6 h tuI.
o.r!d rhn
-_
doy cl
----
,"0., 20-
[@r.d $h
-
&, ot
Ar---------(n0.)-____--,
srarl 0{___---_l
,tr.col/xrr c ____-=-J
Ir. Ir.Fns hrl'wt 6. drnoi.dr.d b.lr. Fr rir. __ &r .r _-- A!.. 2o-- bv ------ s
or tt.r6d ol vd.
rry cmrrri.. .rtrd.$hr. fry lond od .Er
qr8|( rrp nlcoi8s cEt||c^[
rnb Prol ro fi.n ,o r.@d h t!. 01flo. .t th. Clr* dc R$rd.r ot
C.ro<l
-t.
6 ir{.
-nor
6t
-_--_-_
20-_ cn
|l ,tLrr r.ad.d - t ..rll$ ls
DATE:
Ti-IAFF:
TPWN OF VAIL
DESIGN REVIEW
STAFF APPROVAL
la l'106
N(,, sazer , or ,
VAIL INTERMOUNTAIN DBVELOPMENT SUBDIVISION
A RBSUBDIVISION OF LOT 5. tsLOCK 9
TO1VN OF VAIL,
I cc hr|6r crurr rhor r 6. Pr6r..ed @d ll.rF [6.nd !.d'rb ro.. or ln. stot. or cok odo rh€r tnh mlr b rd. @r 6d
c*r|tr. .r rclc tul c€tln, a.dr.or.d 6d $od hE4 md ecn
Mcr.hln noo 6 Fd. ?6 s 6ML ar€, .l r.'d rr("rt, by 6.
o! undr n, lpflrtrs 6! .d..tr.hor' lh. hoaro(d 4d y.al.d
r@rlon ond dh.iihr ot th. .oMdtrtur'r po.srr .olmFla st
ilr..t 6l r6lt dddrfirrd B.r d lh. .m. s. .t!t.d lpo .dr+16.o tror .rrlrc6L r.grlotN goddn! rhr ebdrs ol ror,
h rfiln $vtsr I r@ -r hr 6d od .e. lia
-
rt y ol
Petdbnc Lort scqFr
ol U r t.t B lo ,/64vld. Lor I at6.r 9, vol
nFr.o d d. br d0' no tu iho d tF-lrilr to trh'F. .rd.a 4 |i. dr$h.d ot cl rh. rF rol. ll| Frod dt r.ib ir $. r$-lml riJd.n4 .l b. .cqrnl.c t .d 6 ii. @oh.d r- ., $. lF rrr.
c I r/r' At,lrJr,||4
BLOCK 5
!rat
oo ot
Planning and Environmental Commission
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxi 970.479.2452
web: www.ci.vail.co,us
ProjectName: BROERVARIANCE PECI{umber: PEC040011
ProJect DescripUon:
LIVING SPACE TO BE OVER GAMGE IN FRONT SETBACK
Participants:
OWNER W. L, BROER CONST CO 0212312004 Phone: 480-893-9688
11628 S, WARPAINT
PHEONIX
M 85044
License:
APPLICANT PETER COPE 02123/2004 Phone: 970-479-0795
PO BOX 1832
VAIL
co 81658
License:
ProjectAddress: 2830 BASINGDALE BLVD VAIL Location:
2830 BASINGDALE BLVD.
Legal Description: Lot: 5 Block: 9 Subdivision: VAIL INTERMOUNTAIN DEV S
Parcel Number: 210314301030
Comments: seeconditions
BOARD/STAFF ACIION
Mouon By: Kjesbo Action: APPROVED
Second By: Lamb
Vote: 7-0 Dateof Approvalz 04,|L2|ZOM
Conditions:
Cond: 8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:300
PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0006476
That the applicant submits plans reducing the amount of GRFA currently proposed
within the front setback by 50o/o prior to final review of the plans by the DRB
Entryt 0610312004 By: MRG Action: AP
Cond: CON0005477
That the required parking areas and driveways be snow-melted and labeled as such on
the site plan prior to final review of the plans by the DRB.
,r.o,Q/too4 By: MRG Action: AP O I
Cond: CON0006478
That the applicant provides a lefter from the Public Service Company operating the
"pump-house" natural gas pressure-release valve adjacent to the property that states
the proposed structure is a sufficient distance from the facility to avoid any
health and safety concerns prior to final review of the plans by the DRB.
Entryt 06103/2004 By; MRG Action: AP
Planner: Matt Gennett PEC Fee Paid: $500.00
,,Jf)(JJ ot
TOI,NI
tr Conditional Use Permit tr FloodplainModification E Minor Exterior Alteration D Major Exterior Alteration E Development Plan E Amendment to a Develooment Plan
.Q, Zoning Code Amendment
RVariance 'tr Sign Variance
$550
$400
$550
$800
$r500
$2s0
$r300
$s00
$200
ParcelNo.:W(contactEag|eCo.ASsessorat97o-328.8640forparce|no')
Zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Address:
Apprication for Review by the_ H;ilihl Planning and Environmental Commission"o' '
Department of Community Development
75 South Frontage Road, Vail, Colorado 81557
tel: 970.479.2139 faxi 970.479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Depaftrnent. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type ofApplication and Fee:
tr Rezoning 91300 tr Major Subdivision 91500 fl Minor SuMivision $650 tr Exemption Plat $650 tr Minor Amendment to an SDD $1000 n New Special Development District $6000 O Major Amendment to an SDD $6000 n Major Amendment to an SDD $1250
(no exterior modifications)
Description of the Request:
Location of the Proposal: Lot: 5 abckt L) sudlision: l/fr/- //W/-lAh ooAzffttuz
physicarAddress: 2f3/? fu5/d4V7L/, k/-2.
Fa
i;'Jo3ff*Sguft' checkro.: rrLg ay:
Applicatiori Date: PEC l{o.:
Page I of6-01/18/02
oo oo I
t
oo
VANDIEMENINC
Peter A. Cope
General Contractor
P.O. Box 1832, Vail, Colorado 81658
970-479-9530
Cell97O-39O-2106
Fax970-479-0759
I am requesting a variance on [.ot 5 Block 9 Basingdale Boulevard. It would enable
the living spaces to be pulled out over the garages, which occupy the area within the front
setback. Due to the topography this would give a great deal of relief on the impact the
building would have on the lot. Another factor relates to the lot line being 20 ft. back
from the road edge, already a significant elevation differentiation. All utilities are at the
road edge or at the front portion of the lot further minimizing impact. I don't believe this
would have any ramifications as to air, light or any traffic considerations.
t-ot 5 is a relatively large lot. However, it is partially landlocked by the Public Service
lot that houses a satellite station/ valve for natural gas. This feature greatly reduces the
road frontage, which in turn squeezes the building envelope greatly. As it stands the lot
is basically a greenbelt that extends to lankspur Coufi and backs onto the homes that
occupy the lower side of Snowberry Drive. Allowing the new constructionto start2425
ft. from the road frontage leaves the maximum area of the heavily wooded lot untouched.
TO:
FROM;
DATE;
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
April12,2004
A request for final review of a variance pursuant to Section 12-6D-6,
Setbacks, Vail Town Code, to allow for a new primary/secondary
residence to encroach into the front and side setbacks and a variance
from Chapter 10, Off-street Parking and Loading, Vail Town Code, to
allow for required parking to be located within the public right-of-way,
located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain, and
setting forth details in regard thereto.
il.
Applicant: W.L. Broer Construction, represented by Peter Cope Planner: Matt Gennett
SUMMARY
The applicant's request involves the construction of a new two-family residence within the
front and side setbacks of the Two-Family Primary/Secondary (PS) residential zone district,
in addition to locating required parking spaces within the Town of Vail (TOV), Basingdale
Boulevard right-of-way. The proposed structure is to encompass 4,513 square feet of GRFA
and the surveyed lot size of the subject property is 40,463 square feet with slopes exceeding
30%. The applicant is proposing to build within the front and side setbacks due to the
excessive slope of the lot, the awkward shape of the lot, and the signiflcant stands of mature
trees on the upper portions of the lot. Based upon the criteria and findings in Section Vlll of
this memorandum, staff is recommending approval, with conditions, of the applicant's
variance request.
DESCRIPTION OF REQUEST
The applicant is requesting to build a 4,513 square foot; two-family primary/secondary home
located fourteen feet ('14') into the front setback and nine feet (9') into the easterly side
setback, with three parking spaces located in the TOV right-of-way (Attachment C). Of the
4,51 3 square feet of GRFA, approximately 800 square feet is proposed to be built within the
front and side setbacks. Two of the three parking spaces to be located within the TOV right-
of-way are required spaces for the proposed secondary unit. The applicant has located the
proposed residence on the subject site in a manner that responds to the severe slope of the
property, significant stands of trees, and the awkward shape of the lot itself (Attachment C).
The applicant's proposal calls for situating GRFA in the front and side setbacks on four
different levels of the proposed structure, as depicted on the attached floor plans
(Attachment B).
tv.
fn August of 1972, Lot 5, Block 9, Vail Intermountain was platted by virtue of the Vail
Intermountain Development Subdivision, Block 9, Final Plat.
In October of 1981 , a Design Review Board (DRB) application was approved for a
primary/secondary residence with a total GRFA of 2,583 square feet that was never
constructed.
ln March of 2Q04, the applicant brought a version of the current proposal to the DRB for a
conceptual review.
REVIEWING BOARD ROLES
A. The Planning and Environmental Commission is responsible for evaluating a
proposal for:
1 . The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or 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 grant of special privilege.
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.
4. Such other factors and criteria as the Commission deems applicable to the
proposed variance.
The DRB has NO review authoritv on a variance, but must review any accompanying
DRB application.
Town Council
Actions of Design Review Board or Planning and Environmental Commission may be
appealed to the Town Council or by the Town Council. Town Council evaluates
whether or not the Planning and Environmental Commission or Design Review Board
erred with approvals or denials and can uphold, uphold with modifications, or
overturn the board's decision.
Staff
The staff is responsible for ensuring that all submittal requirements are provided and
plans conform to the technical requirements of the Zoning Regulations. The staff
also advises the applicant as to compliance with the design guidelines.
Staff provides a staff memorandum containing background on the property and
provides a staff evaluation of the project with respect to the required criteria and
findings, and a recommendation on approval, approval with conditions, or denial.
Staff also facilitates the review process.
B.
c.
D.
oo
V. APPICABLE PLANNING DOCUNMENTS
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same district. The two-family
primary/secondary residential district is intended to ensure adequate light, air, privacy
and open space for each dwelling, commensurate with single-family and two-family
occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty
feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15').
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such practical diffiojlies
and unnecessary physical hardships inconsistent with the objectives of this title as
would result from strict or literal interpretation and enforcement, variances from certain
regulations may be granted. A practical difficulty or unnecessary physical hardship may
result from the size, shape, or dimensions of a site or the location of existing structures
thereon; from topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or conditions in the immediate vicinity.
Cost or inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to the
development standards prescribed for each district, including lot area and site
dimensions, setbacks, distances between buildings, height, density control, building bulk
control, site coverage, usable open space, landscaping and site development, and
parking and loading requirements; or with respect to the provisions of chapter 1'l of this
title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each district because the flexibility necessary to avoid
results inconsistent with the objectives of this title is provided by chapter 16, "Conditional
Use Permits", and by section l@l'Amendment" of this title.
SITE ANALYSIS
Lot 5. Block 9. Vail Intermountain
vt.
oo
Lot Size: 40,463 square feet / 0.928 acres Zoning: Two-FamilyPrimary/SecondaryResidential(PS)
Hazards: Slopes in excess of 30%
Standard
Setbacks:
Front:
Sides:
Rear:
Height:
GRFA:
Site Coverage:
Density:
North:
South:
East:
West:
33 ft.
6,623 sq. ft.
Allowed/Required Existinq
20ft. nla
15 ft. (east) nla
15 ft. (west) nla
15 ft. nla
Proposed
6ft.
11ft.
15 ft.
145 ft.
33 ft.
4,513 sq. ft.
2,692 sq. ft. (7o/o)
2 DUs per 40,463 sq. ft.
89% (36,012 sq. ft.)
6 (3 enclosed)
0ft.
0 sq. ft.
0 DUs
6,069 sq. ft. (15%) 0 sq ft
2 DUs per lot
Landscape Area: 60% (24,278 sq. ft.) 0
Parking:5 (2 enclosed) 0
Surroundinq land uses and Zoninq:
Land Use
Residential
Residentlal
Public Utility
Residential
Zoninq
Two-Family Primary/Secondary (PS)
Two-Family Pdmary/Secondary (PS)
Two-Family Primary/Secondary (PS)
Two-Family Primary/Secondary (PS)
vil CRITERIA AND FINDINGS
A. Consideration of Factors Reqardinq the Variances:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity,
Staff believes the conflguration and placement of the proposed new
residence are consistent with many of the neighboring structures in that part
of Intermountain and the Two-Family Primary/Secondary Residential Zone
District. Nearly all of the lots on the uphill side of Basingdale Boulevard, both
vacant and built upon, are very steep and covered with stands oof mature
trees. There are a significant number of existing residences on Basingdale
Boulevard that exhibit encroachments into the front and side setbacks. By
virtue of the fact that those residences encroach into the front setback, some
of the required parking must be located within the TOC righfof-way for
Basingdale Boulevard. Thus, the requested variances are in keeping with
existing uses and structures, as well as potential uses and structures in the
vicin itv.
2.
oo
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 the request is somewhat excessive with respect to the amount
of GRFA and building bulk and mass located within the front setback on four
separate floors. Other options exist to reposition the living spaces on the
upper floors of the structure in a manner that reduces the substantial amount
of GRFA in the front setback. While staff believes there is a distinct need for
relief from the strict, literal interpretation and enforcement of the specified
regulations; it is staffs belief that since this is new construction, there are
many opportunities to minimize the extent to which relief is being sought.
The conditions of approval listed in Section lX of this memorandum speak to
the other alternatives for a design that decreases the amount of living space
in the front setback.
The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
Given the configuration of the proposed structure and the stacking of the
floors in the front setback, there may be a negative effect on elements such
as public facilities, light and air, that can be avoided with a different design.
As can be discerned from the Lower Level Floor Plan (attachment B), there
is an opportunity to slide some of the GRFA back to rear portions of that level
where the crawlspaces are currently proposed. On the Upper Level Floor
Plan (attachment B), the Bath, Closet, and Bedroom 4 could all be slid back
over the area that is labeled "Open To Below". Again, since this is new
construction, there are opportunities to minimize the amount of GRFA, and
building bulk and mass that must occupy space in the front setback.
Additionally, since there exists today a pump house on the adjacent parcel to
the east and the applicant is asking for a variance to encroach into that side
setback which may negatively affect that public utility. The pump house
serves as a "burp valve" for a natural gas line and is approximately three feet
(3') from the eastern side property line of the applicant's lot. The pump
house preexists the platting of Block 9, Intermountain Subdivision, and is an
established use that serves a distinct oublic need.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance,
The Design Review Board (DRB) did a conceptual review of the proposed
structure at its regularly scheduled public hearing held on March 22,2004.
While the DRB did not have any factual comments based on a complete set
of plans, as it was only a conceptual review, they did like the general
architectural design and character of the proposed structure
The Planninq and Environmental Commission shall make the followinq findinqs
3.
B.
oo
before orantino a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistentwith 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 materially injurious to properties or improvements in the
vicinity.
3. 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.
b. 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.
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
VIII. STAFFRECOMMENDATION
The Community Development Department recommends approval, with conditions of the
requested variances, subject to the criteria outlined in Section V of this memorandum and
the following findings:
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 materially injurious to properties or improvements in the vicinity.
3. 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.
b. There are exceptions or extraordinary circumstances orconditions applicable
to the same site of the variance that do not apply generally to other
properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the same diskict.
oo
Should the Planning and Environmental Commission choose to deny the variance request,
the following findings and conditions must be made:
1. That the strict, literal interpretation or enforcement of the setback regulation does not
result in a practical difficulty or unnecessary physical hardship inconsistent with the
development objectives of the Town Code or the Primary/Secondary Residential
Zone District.
2. That the strict interpretation or enforcement of the specified regulation would not
deprive the applicant of privileges enjoyed by the owners of other properties in
the same district.
3. That the requested variance deviates from the provisions of the Primary/Secondary
Residential Zone District regulations more than is necessary to achieve a practical
solution to the applicant's objectives.
4. There are no exceptions nor extraordinary circumstances or conditions applicable to
the site that do not apply generally to other properties in the same zone.
5. That the granting of the variance would be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
Conditions:
1. That the applicant submit revised plans reducing the 800 square feet of GRFA
currently proposed within the front and side setbacks by 400 square feet priorto final
review by the DRB.
IX. ATTACHMENTS
A. Vicinity Map B. Reduced Architectural Floor Plans C. Reduced Site Plan D. Public Notice E. Applicant's Request
Attachment: A
Attachment B OO
-I
I
I t
I
5;
:-
illeil
'll;ll llFtl
=F ,^.!;ia
..F
€sr-ll-er ll-
L'r- ll \R <
t z
lr
z
i
' a '\'
a.
-a
't J-
ll--ll
f ll-83ll
ill:: ll "llEF
ll
n 6
(p
rt z 6,I
r tn
F
,
:
n=r^>
!-
PP ;tr z'
l#t I |+: I
ilT-_=.=g-T
I
z
I
I
l
l
F
+
ll !
O d- ll o ill -qll -o
ll!llz
?
s
a.-
' lIlililt rllll a
z o p
-l -
TN r
6
I
i:l
3
a;E 5, ]zt -,
iT
1
i
+
J
IR
\ .J .e It l!
i!-
NJ
P 6
@
2 c)I -
I
r-m
:1 o z
vl
\i
z
2
t O
€
p llE 'll m
i llz
": ll >.:
ll o Iz
e8)
'oe
ll
l\.', \]q
tr-
- I Tr t['iE \\-
cl ig
U\
;'l'l'l'l'I I
Attachment: C
th
-l {-
z (f
fn
_o r
z
o
I
91
d
ft;:r
I i3=l lir"l I a*|fr t"t-
I d,.ldl
l=i
$Attachment: D
THIS ITEM MAY AFFECT YOUR PROPERry
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on April 12,
2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A request for final review of a variance pursuant to Section 12-6D-6, Setbacks, Vail Town Code,
to allow for a new primary/secondary residence to encroach into the front and side setbacks and
a variance from Chapter 10, Off-street Parking and Loading, Vail Town Code, to allow for
required parking to be located within the public right-of-way, located at 2830 Basingdale
Blvd./Lot 5, Block 9, Vail Intermountain, and setting forth details in regard thereto.Applicant W.L. Broer Construction Planner: Matt Gennett
A request for a minor exterior alteration pursuant to Section 12-78-7, Exterior Alterations or
Modifications, Vail Town Code, to allow for a commercial addition to the Slifer Building, located
at 230 Bridge StreeUlot B, Block 5, Vail Village 1't Filing, and setting forth details in regard
thereto.
Applicant: Slifer Building, LLC Planner: Warren Campbell
A request for a conditional use permit pursuant to Section 12-16, Conditional Use Permits, Vail
Town Code, to allow for a temporary seasonal structure within the Lionshead Mixed Use 1 zone
district, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead 3' Filing and
Lots C & D, Morcus Subdivision, and setting forth details in regard thereto.Applicanl Vail Corporation; represented by Mauriello Planning Group Planner: Warren Campbell
A request for conditional use permit pursuant to Section 12-7E4, Conditional Uses, Vail Town
Code, for an amendment to the existing private club (i.e. parking club) conditional use permit,
located at 12 Vail Road (Vail Gateway)/Lots N & O, Block 5D, Vail Village 1" Filing, and setting
for details in regard thereto.Applicant Vail Gateway Plaza Condominium Association, Inc., represented by Greg
Gastineau Planner: Bill Gibson
A request for a variance from Section 12-21-14, Restrictions ln Specific Zones On Excessive
Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess
of 10o/o of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail Das Schone
2no Filing, and setting forth details in regard thereto.Applicant Snow Now, LLC Planner: Warren Campbell
A request for a work session to present an overview of the proposed redevelopment plans for the
Lionshead Core Site Hotel, located at 675 Lionshead Place/(a complete legal description of the
proposed development site is available at the Town of Vail Community Development Department upon
request), and setting for details in regard thereto.Applicant Vail Corporation Planner: George Ruther
The applications and information about the proposals are available for public inspection during regular
@ XcelEnergy*
PUBLIC SENY'CE COITPANY
Siting and Land Bights
550 1sth Street, Suite 700
Denver, Colorado 802024256
Teleohone: 303.571.7799
Facsim i le: 303,57 1.7 877
April 20,2004
RECEIVEU
Town of Vail
Department of Community Development
75 South Frontage Road West
Vail, CO 81657
Dear Department of Community Development:
Mr. Peter Cope contacted Xcel Energy regarding the construction of a proposed residence on
property adjacent to the existing Public Service Company of Colorado (PSCo) prop€rty on
Basingdale Blvd. PSCo purchased approximately a 728 square fbot parcel of property in 1973
(Reception No. 124203, recorded March 26, 1973, Eagle County Records) for a natural gas
regulator station site. This facility, currently in use today, is for the control and pressure
regulation ofnatural gas for the natural gas distribution system in the area.
From my conversations with Mr. Cope the residence being proposed on the property
immediately west of the PSCo, properfy will require encroaching into the setback and utility
easement area due to the slope ofthe property and the Town has agreed to grant a variance to the
setback requirements.onl has this proiect is the foundation for
the proposed resi on
his site plan. PSCo service to
the property and the foundation may conflict with any future utility construction and operation.
If you have any questions or need frrther information, please call me at 303-571 -3 I I 5, 303-233-
8700. cell 303-506-9981 or l-800-621-9427.
Siqperely,
Alan C. Morganfield, SR/WA, PLS
Conhact Agent
Peter Cope
QnuwehYvc^4 j'fo
I t,
It "o ec-s/?rrn-t
,1",
to be encroaching into
/rf\
fl.- s*14uh. is ^Lh'll1 4' , /t*''n1
Attachment: A
5 i
E
6
I
s
3
e
I
E
T g
9
T
i
F g
n t
E
3
P
E
a o
s t
5
s
.E
I
$
Attachment: D
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail wif l hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on April 12,
2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A request for final review of a variance pursuant to Section 12-6D-6, Setbacks, Vail Town Code,
to allow for a new primary/secondary residence to encroach into the front and side setbacks and
a variance from Chapter 10, Off-street Parking and Loading, Vail Town Code, to allow for
required parking to be located within the public right-of-way, located at 2830 Basingdale
Blvd./Lot 5, Block 9, Vail Intermountain, and setting forth details in regard thereto.Applicant W.L. Broer Construction Planner: Matt Gennett
A request for a minor exterior alteration pursuant to Section 12-78-7, Exterior Alterations or
Modifications, Vail Town Code, to allow for a commercial addition to the Slifer Building, located
at 230 Bridge StreeULot B, Block 5, Vail Village 1"t Filing, and setting forth details in regard
thereto.
Applicant Slifer Building, LLC Planner: Warren Campbell
A request for a conditional use permit pursuant to Section 1 2-16, Conditional Use Permits, Vail
Town Code, to allow for a temporary seasonal structure within the Lionshead Mixed Use 1 zone
district, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1 , Vail Lionshead 3rc Filing and
Lots C & D, Morcus Subdivision, and setting forth details in regard thereto.Applicant Vail Corporation; represented by Mauriello Planning Group Planner: Warren Campbell
A request for conditional use permit pursuant to Section 12-7E4, Conditional Uses, Vail Town
Code, for an amendment to the existing private club (i.e. parking club) conditional use permit,
located at 12Yail Road (Vail Gateway)/Lots N & O, Block 5D, Vail Village 1"' Filing, and setting
for details in regard thereto.Applicant Vail Gateway Plaza Condominium Association, Inc., represented by Greg
Gastineau Planner: Bill Gibson
A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive
Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess
ol 10o/o of the total site area, located at 2388 Garmisch Drive/Lot g, Block G. Vail Das Schone
2nd Filing, and setting forth details in regard thereto.
Applicant: Snow Now, LLC Planner: Warren Campbell
A request for a work session to present an overview of the proposed redevelopment plans for the
Lionshead Core Site Hotel, located at 675 Lionshead Place/(a complete legal description of the
proposed development site is available at the Town of Vail Community Development Department upon
request), and setting for details in regard thereto.Applicant Vail Corporation Planner: George Ruther
The applications and information about the proposals are available for public inspection during regular
office hours at the Town dllommunity Developmsnt oepartm$ South Frontage Road. The
public is invited to attend projebt orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call
(970) 479-2356, Telephone for the Hearing lmpaired, for information.
Published March 26, 2004, in the Vail Daily.
Attachment: E
VAN DIEMEN INC
Peter A. Cope
General Contractor
P.O. Box 1832, Vail, Colorado 81658
970-479-9530
Cell 970-390-2106
Fax97O479-O759
I am requesting a variance on [,ot 5 Block 9 Basingdale Boulevard. It would enable
the living spaces to be pulled out over the garages, which occupy the area within the front
setback. The lot line is 20 feet back from the road edge. At this point there is already a
significant elevation differentiation. Due !o the topography, granting this variance would
give a great deal of relief on the impact the building would have on the lot. As is stands
the lot is basically a greenbelt that extends to l-arkspur Court and backs onto the homes
that occupy the lower side of Snowberry Drive. Allowing the new constnrction to start
24-25feet from the road f'rontage leaves the maximum area of the heavilv wooded lot
untouched.
In response to the Criteria and Findings portion of the Variance application I would
like to enumerate each of the factors requested.
1.) The relationship of the requested variance to other structures; This block is located
across the street from the Camelot Townhomes. The impact will be nonexisient to these
residences, as their main living area is located on the northern side of the building with
only parking on the south side directly off the road. To the west is 284.0 Basingdale
Boulevard. The impact of the variance on this property is also negligible as we maintain
the desire to either replant or avoid disturbing as much of the plant life in between their
structure and our proposed structure.
The pumphouse property to the east of [.ot 5 will experience zero impact, as the side
set backs will remain standard.
2.) The closest neighbor to the lot in question is 284O Basingdale Boulevard. This home
has a garage with living space above within 20 feet of the road. I do not know if a
variance was necessary in this instance. However, to achieve uniform treaunent and
compatibility of their site and ours, a variance must be obtained in our instance.
3.) The granting of this variance will have negligible impact on light or air. As to
distribution of population, transportation and traffic facilities once again it has very
little impact. This is a primary/ secondary residence that will not produce a capacity
of additional traffic that the current neighborhood cannot handle. A similar space to
oo oo
compare is the upper portion of Alpine Drive where residences occupy both the upper
and lower sides of the read. In particular 1798 and 1808 Alpine Drive both have
living space directly above the garage space, which fall within 20-25 feet of the road
edge. In both these sites, negative effects do not seem apparent nor would they be on
the site in question. Nor do I believe public facilities, utilities or public safety would
be compromised. Particularly on the issue of utilities, since they begin at the road
edge impact is kept to a minimum. I cannot site any negative attributes relating to the
requested confi guration.
The granting of this variance does not constitute special privilege, as it is consistent
with other similarly classified properties in this district. There are a few similarly
classified properties I can site.
I.) 284A Basingdale Boulevard- this property suffers from a similar topography. The
current structure has living space above a garage that sits approximately 20feet
from the roadside. This home has no history of detriment to public safety or
welfare or to any properties value in the area.
2.) 1798 Alpine Drive- This Chalet style home also resides approximately 20 feet
from the roadside with living space above the garage. Once again this is a
practical application of the variance we request due to similar conditions.
3.) 1808 Alpine Drive- The circumstances of this home are also of similar physical
hardship resolved by utilizing the floor above the garage as living space. Once
again, I can find no proof of neighboring residences suffering adverse injury.
As to the public safety, health, welfare or negative impact on property in the vicinity
being alTected by this variance approval: I find that keeping green belts ofold growth
trees to be nothing but advantageous. Allowing as many of the naturally seeded plants
and trees to remain (especially on a steep incline) does nothing but improve the lives of
all in the area in many ways. For example, air quality is improved, soil erosion is
minimized and sound and unnatural lieht is filtered.
I hope I have provided insight that might assist you in your consideration of this
matter. My obsewations of consequences of decisions in similar applications logically
led me to believe this variance is the suitable conclusion. If I can supplement or aid in
any way as you weigh judgement simply contact me for direct response.
Peter A. Cope
LOT 3 BLOCK3
LOT O BLOCK3
LOT 4BLOCK 9
LOT 2 BLOCKS
LOT 7 BLOCK9
LOT 7 BLOCKg
LOT 8 BLOCK9
PROPERTY OWNERS
Joseph E. & Catharine S. Cheney
P.O. Box 1094 Vail 81658
Public Service Co.
J.R. Birrell
550 15d'St Denver 80202 or
.-(GasJ{euse}-
Daniel J. Frederick
2840 Basingdale Blvd Vail 81657
Michael C. Callas & Kimberly M. Walker
2801 Basingdale Blvd Vail 81657
(2801 Basingdale Blvd)
Bruce F. Yim & Rebecca Ellen
28458 Snowberry Dr Vail 81657
(28r',58 Snowberry Dr)
Christopher Erving
ZUSA SnowberryDr Vail 81657
(28/,51^ Snowberry Dr)
Christopher G. & Mary M. Ball
2835 Snowberry Dr. Vail 81657
(2835 Snowberrl Dr.)
Dante's Builders
P.O. Box 4Ol5 Avon 81620
(2801 Snowberry Dr)
LOT 9BLOCK9
LOT 11 BLOCK 9 Johanes Faessler
20 Vail Road Vail 81657
(2700 t-arkspur Court)
LOT 6 BLOCK 3 Kathleen A. Mauzy
Z7o?Larkspur Court Vail 8165/
(ZTDlarkspur Court
xphysical address is in parenthesis
Status:
I Approved
co""rfi? D eve rop' E Nr RourlillFoR'
I Approved with conditions 8 Denied
Routed To:Leonard Sandoval, PW
Date Routed:
Routed By:Matt Gennett
Date Due:
2830 Basingdale
Description of work:New SFR
Address:2380 Basingdale Blvd
Legal:Lot:Block:Subdivision:Vail Intermountain
Comments:Date Reviewed: 3-15-04
Fire Deoartment lssues. Need additional review bv Fire DeDartment.
Provide a new stampe survey and title report
Max driveway witdth allowed is 24 per tov standards. adjust and revise.
Planter between driveways cannot be within flow line of concrete pan. adiust and revise.
West driveway must be 12 wide. adjust and revise
Show all required parkino spaces on site plan.
Per TOV standards, no parkinq within the ROW, adiust and revise
Provide a grading plan.
Show top and bottom elevation of retainino walls on site plan
Show positive drainage from back side of home and retaining wall, also show which way it will
flow.
Provide driveway spot elevations. At street, center of driveway at 10 ft from conctete pan and at
qaraqe slab.
Max height of retaining wall is 6 ft , adjust and revise. Per Town standards, a stamped approved
drawing from a license PE is required.
Provide a landscaping plan.
Show on site plan what all weather surface of driveway will be .
Add to note of concrete pan-4 ft concrete pan w/2" invert ( No Heat)
Plan must be shown to ERWS to determine if manhole on east side of driveway is being affected
and if there is enouqh cover after drivewav is installed.
lsandoval
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-21 38
FAX 970-479-2452
www.ci.vail.co.us
March 16.2004
Peter Cope
PO Box 1832
Vail. CO 81658
RE: PEC04-0011 / DRB04-0052
Dear Peter.
Pursuant to our conversation today, the following are comments from the planning staff
of the Community Development Departmenl regarding your variance application, and
conceptual design review application, for 2830 Basingdale Blvd/Lot 5, Block 9, Vail
Intermountain:
Garage Level Plan F The scale to which the plans are drawn must be shown (one quarter of an inch:
one foot has been assumed for measurement purposes);
ts There is a large, unlabeled space adjacent to the garage: is it crawlspace? Ifso, a
maximum 5' head height is required and must be labeled and an access of no
more than 12 square feet is required and must be identified on the plans;> All window penetrations must be shown.
Lower Level Floor Plan > All windowpenetrations must be shown.
Main Level Floor Plan > All window penetrations must be shown;F Is there a kitchen on this level (perhaps mislabeled)?
Roof Plan / Unner Level Floor Plan
D' Chimney chase shown on roof plan must be shown at the conesponding location
on the upper level floor plan;
F Is the space adjacent (to the nonh) of the party wall open to below? Please label
and identify;F What is the small, enclosed, rectangular space at the lower right comer of
Bedroom 4? Please identifu and label:
{g **or^"o
F The scale to which the plans are drawn must be shown (one quarter of an inch:
one foot has been assumed for measurement purposes).
Site plan
) Roofridge heights exceed 33' at three different points. Please submit an updated
topographic survey with the roof plan superimposed over the survcy in the
appropriate location, at the same scale, with the ridgc elevations labeled.
South Elevation (?)
P Unlabeled and no scale shown. The
shown (one quarter ofan inch = one
purposes).
scale to which the plans are drawn must be
foot has been assumed fbr measurement
North Elcvation
F Thc scale to which the plans are drawn must be shown
one foot has been assumed for measurement purposes).
tr Ridge prow over driveway on 3'd level is 38' above the
F Retainins walls cannot exceed 6' maximum heieht.
(onc quarter of an inch :
grade.
West Elevation
) Retaining walls cannot exceed 6' maximum height.
) A bench with a minimum width of 4' is required between combination retaining
walls.
East Elcvation
F Retaining walls cannot exceed 6' maximum height. (Shown in excess of l0' in
places.)
F Any retaining walls located within the fiont setback cannot excccd 3' in height.
All of the aforementioned comments are in addition to the submittal requircmcnts I sent
to you earlier this afternoon. Pleasc note that every sheet of thc plans must be starnped
by a licensed architect and the foundation plans by a licensed PE. Ifyou have any
questions or comments regarding this letter or your applications, please do not hesitate to
contact me directly. Otherwise, I look forward to seeing you tomorrow aftemoon for
your conceptual review before the Design Review Board at 3:00pm.
Matthew R. Genneu, AICP
Town Planner
Sincerely,
I:nd litle
W.L. BROER
P.O. BOX 1832
VAIL, CO 81657
rNv0tcE
Land Title Guarantee Conrpany
108 S. FRONTAGE RD. W. fl203
P.O. BOX 357
vArL. co 81657
970-476-2251
Tax ID: 84{572036
tNvotcE N0.50004371
Reference
Your Reference No. V50004371
Our Order No. V50004371
Our Customer No. 26664
Ordered By: Peter Cope
Invoice Date: February 23,2004
Invoiced By: Roger Avila
Phone Nurber: 970-476-225I
Property Address: 2830 BASINGDALE BLVD.
Buyer/Borrower: To Be Detemrined
Payment due upon receipt
PIeuse Relerencc htyoice No. t)tt Pu1,n1g47
Please nrake check payable and send (l:
LAND TITLE GUARANTEE COMPANY
P.O. BOX 357
vAtL. co 816-s8
( 17/2001) Page I
- CHARGES.
Previous Amount Due:
Infonuation Biuder
Total Invoice Amount:
Current Balance Due:
$0.00
s175 .00
s175.00
$r,7s.00
Pfinted 02 -2 3 -2O04. Fottn II]Ir'OICE
Title Guarantee Company
CUSTOMER DISTRIBUTION
CUARANTTf COIVIPANY
Date: 02-23-2004
Property Addrcs:
2830 BASINGDALE BLVD.
Our Order Number: V50004371
W.L. BROER
P.O. BOX 1832
VAIL, CO 81657
Phone: 970-390-2106
Sent Via US Postal Scrvice
If you hove any inquiries or require further ossistance, please cortact one of the nunbers below:
For Title Assistance:
Vail Title Dept.
Roger Avila
108 S. FRONTAGE RD. W. #203
P.O. BOX 357
VAIL, CO E1657
Phone;970-476-2251
Faxz 970-4764732
EMail: ravila@ltgc.com
d Title Guarantee Company
CUARANIET COMPANY
Date: 02-23-2004
Our Order Number: V50004371
Property Address:
2830 BASINGDALE BLVD.
Buyer/Borrower:
TO BE DETERMINED
Seller/Owner:
W. L. BROER CONSTRUCTION COMPANY, A NEBRASKA CORPORATION
ilf$,l"frilofi"oiff;"r1'#!J3Ffi.:T"?Ti:*.j]"'**? cn*o *, Land riue's web sle at www.rtgc.com
ESTIMATE OF TITLE FEES
Infomration Binder s775.00
TOTAL $L75.00
ror! corfiacf ( 3/1003 )'I'HANK l'()U IUR youl{ ol{t)tit{!
Lv-
tAND TITTE GUARANTEE C(lMPANY
INV(}ICE
w. L.BROER CONSTRUCTION COMPANY, A NEBRASKA CORPORATION
2830 BASINGDALE BLVD.Property Address:
Your Reference No.:
Wren referring to this order, please reference our Order No. V5000437 |
- CHARGES -
Infonnation Binder $ 17s.00
-Total-$ r7s.00
Plcitsc urake checks plrl,able to:
Lattd Title Gurrantcc C()rupirny
P.O. Brtx 54.10
Derlcr. CO 80217
Lvu
Chicago Title Insurance Cornpany
ALTA COMMITMENT
Schedule A
Our Order No. V50004371
Cust. Ref.:
Property Address:
2830 BASINGDALE BLVD.
l. Effective Date: February 09, 2004 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
Infonnation Binder
Proposed Insured:
TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
W. L, BROER CONSTRUCTION COMPANY, A NEBRASKA CORPORATION
5, The land referred to in this Commitment is described as follows:
LOT 5, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION. ACCORDING TO THE
RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO.
ALTA COMMITMENT
ScheduleB-Sectionl
(Requirements) Our Order No. V50004371
The following are the requirements to be complied with:
Item (a) Payment to or for tlte account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrunent(s) creating the estate or interest to be insured nust be executecl and duly filed for record,
to-wit:
Itenr (c) Paynent of all taxes, charges or assessments levied and assessed against the subject prerniscs which are due
and payable.
Iten (d) Additional requirements, if any disclosed below:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
..oo
ALTA COMMITMENT
ScheduleB-Secrion2
(Exceptions) our Order No. v50004371
The policy or policies to be issued will contain exceptions to the follorving unless the same are disposed
of to the satisfaction of the Company:
l. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claiurs of easeurents. not shown by the public records.
3. Discrepancies, sortflicts in boundary lines, shortage irt area, encroacluueuts, and any facts which a correct survey and
inspection of tlte prentises would disclose and which are not shown by the public records.
4. Any lien. or right to a lien, for services. labor or utaterial theretofore or hereafter furnished, intrrosed bv law and
not shown by the public records.
5. Defects, liens. encuurbrauces, adverse claims or other nratters, ifauy, created, first appearing in the puhlic records or
attaching subsequent to the eft'ective date hereof but prior to the date the proposed insured acquires of record for
value the estate or intercst or nortgage thereon covered by this Corunitrnent.
6' Taxes or special assessutents which are not shown as existing liens by the public records.o the Treasurer's office.
7, Liens for unpaid water and sewer charges, ifany..
8. In addition, the owuer's policy will be subject to the urortgage, if any, notecl in Sectiqn I of Schedule B hereof.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18. 1934. IN BOOK I23
AT PAGE 3.
IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUI'HORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENTRECORDED APRIL I8. I934.
IN BOOK I23 AT PAGE 3.
I I. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING RESTRICTIONS. IF ANY, BASED ON RACE. COLOR. RELIGION. OR
NATIONAL ORIGIN.
^S
CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 06. 1912.
IN BOOK 225 A'T PAGE 3I.5.
12, EASEMENTS. CONDITIONS, COVENANTS. RESTRTCTIONS, RESERVA'I'IONS AND NOTES ON
THE RECORDED PLAT OF VAIL INTERMOUNTAIN SUBDIVISION, BLOCK 9.
aa vu7
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS I0-l l-122, notice is hereby giveu that:
A) The subject real property uray be located in a special raxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction nray be obtained frour the Counry
Treasurer's authorized agent.
C) The infonnation regardiug special districts and the boundaries of such tlistricts nray be obtailed frorl
the Board of County Conunissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective Septeurber 1, 1997 , CRS 30-10-406 requires rhat all docunrents received for recorr.ling or filing
in the clerk and recorder's office shall contain a top urargiu ofat least one inch and a left, right an4 bottonr
ntar-sin of at least one half of an iuch. The clerk and recorder uray refuse to recorcl or file any documeut that
does not confonu, except that, the requirement for the top urargin shall uot apply to documents using ftrmrs
on which space is provided for recording or filing infomration at the top ntargin of the docunrel)t.
Note: Cokrrado Divisiorr of Insurance Regulations 3-5-1. Paragraph C of Article VII requires rhat "Every
title entity shall be responsible for all ntatters which appear of record prior to the tiure of reconling
whenever the title entity conducts the closing and is responsible for recor<ling or filing of legal
docunellts resulting front the transactiou wltich was closed". Provided that land Title Guarantce
Company conducts the closing of the irsured transaction and is responsible for recording the
legal docuutents front the transacti(xl, exception nunrber 5 will not appear on the Owner's Titlc
Policy and the Lenders Policy when issued.
Note: Affinrntive mechanic's lien protection for the Owner nray be available (typically hy dcletion
of Exception no. 4 of Schedule B, Section 2 of the Couunitnlent fronl the Owner's Policy to be
issued) upon compliance with dre following conditions:
A) Tlte land described in Schedule A of this couutitment urust bc a singte farnily residence which
includes a condonriniunr or towr rouse unit.
B) No labor or materials have beeu furnished hy utecharrics or uraterial-men for purposes of
construction on the land described in Scbedule A of this Conuniturent within ttre past 6 ntouths.
C) The Company must receive an appropriate affidavit indeuurilying the Company against un-filecl
urechanic's and uraterial-rlen's liens.
D) The Ctlupauy urust receive payluetrt of the appropriate preu)iunl.
E) If there has been construction, iutprovemcnts or major repairs undertaken on thc property to be purchaserl
within six moutlts prior to the Date of the Conuuitrncnt, the rcquiremeuts to obtain c()verage
for uuecorded liens will include: disclosure of certain coustruction iufonuation: financial infonuation
as tt) the seller, tlle builder and or the contractor; paynleut of the appropriate prentium fully
executetl Indetttnity Agreentents satisfactory to tlte company, aud, any additional requirenlents
as uray be necessary after an exantination of tlte aforesaid iufomration by the Cornpany.
No coverage will be givcn ulrder any circuutstances for labor or nraterial tur which tlrc insured
has contracted for or agreed trt pay.
Note: Pursuant to CRS l0-l l-123. uotice is herehy grvcu:
This Ixrticc applies to os,ner's policy ctltuntitrttents containing a nrincral scverancc instrurnent
cxceptiou, ()r cxccptions, in Schedulc B, Section 2.
A) That there is recorded evidcttce that a ulireral cstatc has bcerr sevcred, leascd, or uhcrwise
cottveyed fioru tlte surface estatc and that thcre is a subsrantial likclihtxxl that a drird party
holds sontc or all iltcrest iu oil. gas, rxher nriucrals. or geothenlal energy irr the propertyi and
B) Tltat such tttitteritl cstittc utay irtclude the riglrt to cn(er and use tlre properry witlurut the
strrlicc orvrrer's prnn issiort.
Ntrtltirrg Itcrcitt ctttttaitted u,ill he dccntcd kr rrhlig;tte the c{)llrpan}' ur pr6r,ide atrlr ,r1'rn. e()\,crit-!.!c\
refirrcd to hercin urrlcss tlrc abuve corrdititlns are fullv sutisfietl.
Form D ISCLOSURE 09 /41/Az
JOI OTICE OF PRIVACY POLICY
Fidelity National Financial Group of Companies/Chicago Title Insurance Company and
Land Title Guarantee Company
July l,2001
We recognize atld respect.thc privacy expectations of today's corlsunlers ancl the requireurents of apDlicahle federal and sta.re prlvacy" laws.. we oetlevt tnal.lllaklll$ you.a-ware {tt !ow. w! use y(}ur lrorr-public personal irrfirhDation ("pcrsonal lnronllatlon ),3n9 t! wnolll lt ls dlscloseo. wtll tonll the basls lor a rclationship of trust between us and the nublic tilat we serve. 1-ltis Privacy Statentern.provides that, explanariorr. We reserve rlri right ro change this PriviJy'-----Sratcnlent lrour tu)le to tlDle collststctrt with applicahle privacy laws.
In the course of our business, rve may collect Personal Information about you from the follorving sources:
* Front applicatiotls or othcr.f()ntts we reccive fronr you ()r yo-ur authorizcd represcnrative;- frolll your transactl()lls wltn. or tronl tne scrvlces helng pcrlonlred by, us. our affiliates, 1rr others;. r.ronl our tntenlel web srtes:-
fl9.ni qt. public records Itlailttained, by govc.rruuerrtal cntities that we either ohtain directly tionr those en lles, or lronl our atttllates or otners: and 'r Fronr cr.lnsunrer or othcr reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We rttaintain physical, electrotric autl proce.(luvnl safcguards to protect your Pcrsonal Lrfonrrariol fronr unaurlxrrized
access or lntruslon. we hllltt access to tne Persoml lutonlration ody t() th0se cnrfrloyecs who need such access irr corulectiort with providing products or services tt) you or fbr other l6gitiurite bus-iiiiis pirrprs"r.
Our Policies and Practices Regarding the Sharing of Your Personal lnformation
We rttay share your Ptrsorul Infonuation with our affiliates, sulh as insurance companies, agents. ancl other real cstatc settlentcnt scrvice providers. we also ruay disclose your Personal InfbnDatiori:
* to a€€nts. brokers or represerrtarives to provide you wirh services you have requesredl - to tnlro-Danv contractors or,servtce pr()vlders who provtde services 0r perfonti lrtarketing or other
function's orf our behalf: arrtr * to odters witlt whorl we ertter iDto joi[t nrarketing agreen]euts ftrr products or services that we believe you rnay find of iuteresr.
ln additirlrr. we will d.isclose your Per-sotul I nfonnation. wherr you dircct or givc us pennission, when wc are required by_law to clo so, or wltert wc suspect frauduleut or crinrirml aciivities. We a[o urav'disclose vour persoriaL
lnf()n^natl(ul whell othcrwise penttitted by applicahle privacy laws such as. ftrr exaiuple. whcir disckrsurc is uceded to el)l()rce our flghts anstrrg out ol any a_qreenrent, trausaction or relati0ltship wirh you.
O,19 9f tlt^e itttportattt responsibilities of some of our affiliated.companies is tu record dtruments in the public
donlain. Such docunrents nray contain your Personal Infomration.
Right to Access Your Personal Information and Ability to Correct Errorc Or Request Changes Or Deletion
Certain states a{lirrtJ you. the right to.acccss your Personal Jnfonnation arul, under ccrlain c ircurrr stances, to lintl rlur () wn()nt your Fers(ntal Illlonl)atl()l) llas been dlscloscd. Also, certain statcs afford vou tlle risht t() reuuest corrccti{)n. anteltdttlent or deletion of your Pcrsorul lrrfonrration. We rescrve the rilht, wlreri pennittitl by law, to chargc a rcasorrable fee trl covcr thc cdsts incurred irr resporrdiug to such rcquesis. -
All rcquests suhtttittcd to the Fidclity National Finarrcial Croup of Conrpanies/Chicago Titlc Insurance Corupany shall hi: in writiug, and delivercd toilre following adtlrcss:
Privacy Crlnrnliance Officcr
Fideliry Nariirnal Finauuial. Inc.
3?ig glif; ,,lf:b f riii i3'
Multiplc Products or Services
ll:l: ll,ty,i!.. ylll \Y'lh l1l!rc tltrtt tttte financiul product ol service. y{)r,r nn)' rcccivc rrurrc rhar) ()nc privaey rrotiec Ir{}rll uS. WC itp0l()gtZC l()r alty I ne()tlvcllldIICC tl S n)ay CaUSC yOU.
torm PR IV. POL . CH I
a?ol
* * * tr tft * * * * * * * * !t * **+ * * * * * * * * * * * * * * ** * * * ** * * * * * ** * * * t! )l * * *X * * ** * * * * * * * * * * * * * !t( * *:* * * {. * * * *:t *,} 't * l.'} * *
TOWN OF VAIL, COLORADO Statement
{r**'t************************* ******x<************t!x*r(***********{.,}***{.**xr.*x** {r**************
gtat.ement Nurnber: R040005443 Amount: $500.00 02/23/2O04O3:0? pM
Palment Method: Check Init : ,JS
Notation:
Permit No: PEC04001L TlT)e: PEC - Variance
Parcel No: 210314 3 0103 0
SiTC AddTCSs: 2830 BAS INGDAI,E BIJVD VAII,
Location: 2830 BASITiIGDA],E BI,VD.
Total Fees: 5500.00
This Payment: $500.00 Total AI-,L Pmts: $500.00
Balance: 50.00
**{.{.,*** * * * * *'i * * * x * * ** ** + * * * * * * * * * * r(,t r(******'i.*****t}*,t * x * * * x * * * * * * * {. *,t * *,t*,t ,t * * * * * * *:} * * * * 't * * * * 't
ACCOI'NT ITEM LIST:
Account Code DescriDtion Current Pmts
PV OO1OOOO31125OO PEC APPLICATION FEES 500.00
TOriNf'Fl/AIL Plan ning Administrative
Action Form
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 970.4792452
web: www.vailgov.com
Project Name: BASINGDALE 5 APPEAL
Project Description:
Pafticipants:
APPUCANT PETER COPE
PO BOX 1832
VAIL
co 81658
License:
ADM Number: ADM040003
05 | ZB | 2004 Phone: 970-479-0795
AN APPEAL TO COUNCIL OF A DRB RNAL REVIEW DENIAL
OWNER W. L. BROER CONST CO 0512812004 Phone: 480-893-9688
11628 S. WARPAINT
PHEONIX
Az 850.14
License:
Project Address: 2830 BASINGDALE BLVD VAIL Location:
2830 BASINGDALE BLVD.
Lega! Description: Lot: 5 Block: 9 Subdivision: VAIL INTERMOUNTAIN DEV S
ParcelNumber: 210314301030
Comments: DRB denial overturned-see conditions
Action:
Date ofApproval:
Conditions:
BOARD/STAFF ACTION
APPROVED
0611512004
Cond: 8
(PLAN): No changes to these plans may be made without the
written consent of Town of Vail staff and/or the
appropriate review committee(s).
Cond: CON0006515
The trees in question are to be replaced by the applicant
in conjunction with a revised landscape plan, concurrently
with building |nit submittal, depicting adequate
replacement of the trees being removed,
Planner: Matt Gennett ADM Fee Paid: $100.00
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Vail Town Council
Department of Community Development
June 'l 5, 2004
An appeal of the May 19,2004 Design Review Board (DRB) denial of an
application to build a new primary/secondary, two-family residence located at
2830 Basingdale Blvd. / Lot 5, Block 9, Vail Intermountain.
Appellant: Peter Cope Planner: Matt Gennett
il.
ilt.
SUBJECT PROPERTY
The subject property is zoned Two-Family Primary/Secondary Residential (PS), is 40,463
square feet in size, and is located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail
Intermountain. The appellant's Design Review application involves the construction of a
new two-family, primary/secondary residence within the front and side setbacks of the Two-
Family Primary/Secondary (PS) residential zone district, in addition to locating required
parking spaces within the Town of Vail (TOV), Basingdale Boulevard right-of-way, for which
permission has been granted by the PEC.
STANDING OF APPELLANT
The appellant, Peter Cope, has standing to file an appeal as the representative of the
propeny owner.
REQUIRED ACTION
The Town Council shall uphold, overturn, or modify the Planning and Environmental
Commission's denial of Peter Cope's Design Review application to build a
primary/secondary residence as proposed, located at 2830 Basingdale Blvd./Lot 5, Block 9.
Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make
findings of fact in accordance with the Vail Town Code:
The Town Council shall on all appeals make specific findings of fact based directly
on the pafticular evidence presented to it. These findings of fact must support
conclusions that the standards and conditions lmposed by the requirements of this
title (Zoning Regulations, Title 12) have or have not been met.
BACKGROUND
ln August ol 1972, Lot 5, Block 9, Vail lntermountain was platted by virtue of the Vail
Intermountain Development Subdivision, Block 9, Final Plat.
In October of 1981, a Design Review Board (DRB) application was approved for a
primary/secondary residence with a total GRFA of 2,583 square feet that was never
tv.
V.
primary/secondary residence with a total GRFA of 2,583 square feet that was never
constructed.
On March 3, 2004, the applicant brought a version of the current proposal to the DRB for a
conceptual review.
On March 17,2004, the DRB went on a site visit and performed a conceptual review of the
applicant's proposal for a new primary/secondary residence on the subject property. At the
time of the conceptual review, the DRB gave the applicant positive comments on the design
of the proposed structure, but did not mention the trees.
On Aprif 12, 2004, the Planning and Environmental Commission (PEC) conditionally
approved a request by Mr. Cope for variances from the front and side setbacks, and to
have required parking in the front setback. Mr. Cope subsequently met those conditions of
approval (Attachment A).
On May 5, 2004, the DRB performed a final review of the applicant's proposal, which
included another site visit, and informed the applicant they would not approve his application
as proposed because it would cause the removal of several large, mature spruce trees on
the site. The DRB stated the applicant would need to redesign his proposal in a mannerthat
avoids the necessitated removal of the large trees in order to receive their approval. Mr.
Cope protested, stating that he already tried to do so but could not, and reluctantly requested
a tabling.
On May 19,2004, the DRB denied the applicant's proposal as originally submitted.
APPLICABLE REGULATIONS OF THE TOWN CODE
Section 12-3 Administration and Enforcement (in part)
Section 12-3-3: Appeals (in part)
C. Appeal Of Planning And Environmental Commission Decisions And Design Review
Board Decisions:
1. Authority: TheTownGouncil shall havetheauthoritytohearanddecideappeals
from any decision, determination or interpretation by the Planning and
Environmental Commission or the Design Review Board with respect to the
provisions of this Title and the standards and procedures hereinafter set forth.
2. lnitiation: An appeal may be initiated by an applicant, adjacent property owner, or
any aggrieved or adversely affected person from any order, decision,
determination or interpretation bythe Planning and Environmental Commission or
the Design Review Board with respect to this Title. 'Aggrieved or adversely
affected person" means any person who will suffer an adverse effect to an
interest protected or furthered by this Title. The alleged adverse interest may be
shared in common with other members of the community at large, but shall
exceed in degree the general interest in community good shared by all persons.
The Administrator shall determine the standing of an appellant. lf the appellant
objects to the Administratois determination of standing, the Town Council shall,
at a meeting priorto hearing evidence on the appeal, make a determination as to
the standing of the appellant. lf the Town Council determines that the appellant
does not have standing to bring an appeal, the appeal shall not be heard and the
original action or determination stands. The Town Council may also call up a
decision of the Planning and Environmental Commission or the Design Review
Board by a majority vote of those Council members present.
5. Findings: The Town Council shall on all appeals make specific findings of fact
based directly on the particular evidence presented to it. These findings of fact
must support conclusions that the standards and conditions imposed by the
requirements of this Title have or have not been met.
Section 12-1'l Design Review (in part)
12-11-1: INTENT:
A. Attractive Attributes Recognized: Vail is a Town with a unique natural setting,
internationally known for its natural beauty, alpine environment, and the compatibility
of manmade structures with the environment. These characteristics have caused a
significant number of visitors to come to Vail with many visitors eventually becoming
permanent residents participating in community life.
B. Area Character Protection: Tfrese factors constitute an important economic base for
the Town, both for those who eam their living here and forthose who view the Town
as a precious physical possession. The Town Council finds that new development
and redevelopment can have a substantial impact on the character of an area in
which it is located. Some harmful effects of one land use upon another can be
prevented through zoning, subdivision controls, and building codes. Otheraspects of
development are more subtle and less amenable to exact rules put into operation
without regard to specific development proposals. Among these are the generalform
of the land before and after development, the spatial relationships of structures and
open spaces to land uses within the vicinity and the Town, and the appearance of
buildings and open spaces as they contribute to the area as it is being developed
and redeveloped. In order to provide for the timely exercise of judgment in the public
interest in the evaluation of the design of new development and redevelopment, the
Town Council has created a Design Review Board (DRB) and design criteria.
C. Design Review: Therefore, in order to preserve the natural beauty of the Town and
its setting, to protect the welfare of the community, to maintain the values created in
the community, to protect and enhance land and property, for the promotion of
health, safety, and general welfare in the community, and to attain the objectives set
out in this Section; the improvement oralteration of open space, exteriordesign of all
new development, and all modifications to existing development shall be subject to
design review as specified in this Chapter.
D. Guidelines: lt is the intent of these guidelines to leave as much design freedom as
possible to the individual designer while at the same time maintaining the remarkable
natural-beauty of the area by creating structures which are designed to complement
both their individual sites and surroundings. The objectives of design review shall be
as follows:
1. To recognize the interdependence of the public weffale and aesthetics, and to
provide a method by which this interdependence may continue to benefit its
citizens and visitors.
2. To allow for the development of public and private property which is in harmony
with the desired character of the Town as defined by the guidelines herein
provided.
3. To prevent the unnecessary destruction or blighting of the natural landscape.
4. To ensure that the architectural design, location, configuration materials, colors,
and overall treatment of built-up and open spaces have been designed so that
they relate harmoniously to the natural landforms and native vegetation, the
Town's overall appearance, with surrounding development and with officially
approved plans or guidelines, if any, for the areas in which the structures are
proposed to be located.
5. To protect neighboring property owners and users by making sure that reasonable
provision has been made for such matters as pedestrian and vehicular traffic,
surface water drainage, sound and sight buffers, the preservation of light and air,
and those aspects of design not adequately covered by other regulations which
may have substantial effects on neighboring land uses. (Ord. 39(1983) g 1)
DISCUSSION
As stated in section lV of this memorandum, Lot 5, Block 9, Vail Intermountain was platted
by virtue of the Vail Intermountain Development Subdivision, Block 9, Final Plat, in 1972.
It is a "build-able' lot with average slopes in excess thirty percent (30%) and therefore fifteen
percent (15o/o), or 6,069 square feet of permissible site coverage, and 6,623 of allowable
GRFA. The applicant is proposing to build a structure encompassing 2,692 square feet (7olo)
of site coverage and 4,513 square feet of GRFA, within the front and side setbacks due to
the excessive slope of the lot, the awkward shape of the lot, and the significant stands of
mature trees on the upper portions of the lot.
Pursuant to section 12-21-14.K, Vail Town Code, there is no front setback for garages on
slopes in excess of thirty percent (30%), thereby encouraging owners of steep, platted lots to
cluster residences as close to the access route as possible. Similarly, section 1 0 of Chapter
14, Development Standards Handbook, Vail Town Code, speaks to limiting the removal of
trees to onlythose "essential forthe development of the site orthose identified as diseased.'
The applicant designed the proposed structure in response to the limitations of the site,
which resulted in the four trees in question being inside the proposed building envelope.
Given the topography of this platted lot and the stands of large, mature trees throughout its
nearly one acre of area, there are minimal options for development.
The trees in question (Attachments E & F) could have been brought to the attention of the
appellant at the site visit for conceptual review on March 3, 2004, thereby giving the
appellant adequate time to address said trees on a revised landscape plan or redesign his
plans accordingly prior to receiving the granted variances and applying for a final DRB
decision.
STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council overturns
the Design Review Board's denial of the appellant's Design Review application in
accordance with Sub-section 12-3-3-C5, Vail Town Code, subject to the following findings:
1.
2,
That the standards and conditions imposed by the requirements of Title 12
(Zoning Regulations) have not been enforced conectly bythe Design Review
Board, pursuant to section 12-114-8.2.b, Vail Town Code.
That because the appellant was not alerted at conceptual review of the
concern over the subject trees, considerable time and expense was exerted
toward a final Design Review application that was subsequently denied.
That the trees in question are four mature spruce ranging in diameter from
approximately one foot to in excess of two feet, and range in height between
40 and 60 feet, and which are required to be replaced in conjunction with a
3.
revised laqdscape plan depicti
heighr ll.vS,ro.l- h fI^Q-
VIII. ATTACHMENTS
April 12, 2004 PEC memo regarding variances
Appellant's appeal form and letter
Public notice and list of notified properties
Photos of the site
Reduced site plan/survey
rw-&tusL4o N8 '.
'lfuntt fu':frr!fr? ',:{tu"*r1'h4r1 k 'iiuTa"q" I*d ,f lou
A/- t^r,L rt""L 4t /r-A
A.
B.
D.
E.
F.
+E
o o
Attachment: A
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
April 12, 2004
A request for fi nal review of a variance pursuant to Section 1 2-60-6,
Setbacks, Vail Town Code, to allow for a new primary/secondary
residence to encroach into the front and side setbacks and a variance
from Chapter 10, Off-street Parking and Loading, Vail Town Code, to
allow for required parking to be located within the public right-of-way,
located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain, and
setting forth details in regard thereto.
Applicant: W.L. Broer Construction, represented by Peter Cope Planner: Matt Gennett
SUMMARY
The applicant's request involves the construction of a new two-family residence within the
front and side setbacks of the Two-Family Primary/Secondary (PS) residentialzone district,
in addition to locating required parking spaces within the Town of Vail (TOV), Basingdale
Boulevardright-of-way. Theproposedstructureistoencompass4,5l3squarefeetofGRFA
and the surveyed lot size of the subject property is 40,463 square feet with slopes exceeding
30%. The applicant is proposing to build within the front and side setbacks due to the
excessive slope of the lot, the awkward shape of the lot, and the significant stands of mature
trees on the upper portions of the lot. Based upon the criteria and findings in Section Vlll of
this memorandum, staff is recommending approval, with conditions, of the applicant's
variance request.
DESCRIPTION OF REQUEST
The applicant is requesting to build a 4,513 square foot; two-family primary/secondary home
located fourteen feet (14') into the front setback and nine feet (9') into the easterly side
setback, with three parking spaces located in the TOV right-of-way (Attachment C). Of the
4,51 3 square feet of GRFA, approximately 800 square feet is proposed to be built within the
front and side setbacks. Two of the three parking spaces to be located within the TOV right-
of-way are required spaces forthe proposed secondary unit. The applicant has located the
proposed residence on the subject site in a mannerthat responds to the severe slope of the
property, significant stands of trees, and the awkward shape of the lot itself (Attachment C).
The applicant's proposal calls for situating GRFA in the front and side setbacks on four
different levels of the proposed structure, as depicted on the attached floor plans
(Attachment B).
III. BACKGROUND
ln August ol 1972, Lot 5, Block 9, Vail Intermountain was platted by virtue of the Vail
Intermountain Development Subdivision, Block 9, Final Plat.
In October of 1981 , a Design Review Board (DRB) application was approved for a
primary/secondary residence with a total GRFA of 2,583 square feet that was never
constructed.
ln March of 2004, the applicant brought a version of the current proposal to the DRB for a
conceptual review.
IV. REVIEWING BOARD ROLES
A. The Planning and Environmental Commission is responsible for evaluating a
proposal for:
1 . The relationship of the requested variance to other existing or potential uses
and structures in the vicini$.
2. The degree to which relief from the strict or 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 grant of special privilege.
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.
4. Such other factors and criteria as the Commission deems applicable to the
proposed variance.
B. The DRB has NO review authoritv on a variance, but must review any accompanying
DRB application.
C. Town Council
Actions of Design Review Board or Planning and Environmental Commission may be
appealed to the Town Council or by the Town Council. Town Council evaluates
whether or not the Planning and Environmental Commission or Design Review Board
ened with approvals or denials and can uphold, uphold with modifications, or
overturn the board's decision.
D. Staff
The staff is responsible for ensuring that all submittal requirements are provided and
plans conform to the technical requirements of the Zoning Regulations. The staff
also advises the applicant as to compliance with the design guidelines.
Staff provides a staff memorandum containing background on the property and
provides a staff evaluation of the project with respect to the required criteria and
V.
findings, and a recommendation on approval, approval with conditions, or denial.
Staff also facilitates the review process.
APPICABLE PLANNING DOCUNMENTS
12-OD-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same district. The two-family
primary/secondary residential district is intended to ensure adequate light, air, privacy
and open space for each dwelling, commensurate with single-family and two-family
occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty
feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15').
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such practical dificr.ities
and unnecessary physical hardships inconsistent with the objectives of this title as
would result from strict or literal interpretation and enforcement, variances from certain
regulations may be granted. A practical difficulty or unnecessary physical hardship may
result from the size, shape, or dimensions of a site or the location of existing structures
thereon, from topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or conditions in the immediate vicinity.
Cost or inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with respect to the
development standards prescribed for each district, including lot area and site
dimensions, setbacks, distances between buildings, height, density control, building bulk
control, site coverage, usable open space, landscaping and site development, and
parking and loading requirements; or with respect to the provisions of chapter 11 of this
title, goveming physical development on a site.
G. Use Regulations Not Affected: The power to grant variances does not extend to the
use regulations prescribed for each district because the flexibility necessary to avoid
results inconsistent with the objectives of this title is provided by chapter 16, "Conditional
Use Permits", and by section lpl'Amendment" of this title.
SITE ANALYSIS
Lot 5, Block 9, Vail Intermountain
Lot Size: 40,463 square feet / 0.928 acres
vt.
Zoning:
Hazards:
Standard
Setbacks:
Front:
Sides:
Rear:
Height:
GRFA:
Site Coverage:
Density:
Landscape Area:
Parking:
North:
South:
East:
West:
Two-Family Primary/Secondary Residential (PS)
Slopes in excess of 30%
Allowed/Required Existinq
20ft.
15 ft. (east)
15 ft. (west)
15 ft.
33 ft.
6,623 sq. ft.
0ft.
0 sq. ft.
nla
nla
nla
nla
Prooosed
6ft.
11tt
15 ft.
145 ft.
33 ft.
4,513 sq. ft.
2,692 sq. ft. (7Yo)
2 DUs per 40,463 sq. ft.
89% (36,012 sq. ft.)
6 (3 enclosed)
6,069 sq. ft. (15%) 0 sq ft
2 DUs per lot 0 DUs
600/o (24,278 sq. ft.) 0
5 (2 enclosed)
Surroundinq land uses and Zoninq:
Land Use
Residential
Residential
Public Utility
Residential
Zoninq
Two-Family Primary/Secondary (PS)
Two-Family Primary/Secondary (PS)
Two-Family Primary/Secondary (PS)
Two-Family Primary/Secondary (PS)
vil CRITERIA AND FINDINGS
Consideration of Factors Reoardinq the Variances.
The relationship of the requested variance to otherexisting or potential
uses and structures in the vicinity.
Staff believes the configuration and placement of the proposed new
residence are consistent with many of the neighboring structures in that part
of Intermountain and the Two-Family Primary/Secondary Residential Zone
District. Nearly all of the lots on the uphill side of Basingdale Boulevard, both
vacant and built upon, are very steep and covered with stands oof mature
trees. There are a significant number of existing residences on Basingdale
Boulevard that exhibit encroachments into the front and side setbacks. By
virtue of the fact that those residences encroach into the front setback, some
of the required parking must be located within the TOC right-of-way for
Basingdale Boulevard. Thus, the requested variances are in keeping with
existing uses and structures, as well as potential uses and structures in the
vicinity.
The degree to which relief from the strict and literal interpretation and
1.
2.
o
enforcement of a specified regulation i9 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 the request is somewhat excessive with respect to the amount
of GRFA and building bulk and mass located within the front setback on four
separate floors. Other options exist to reposition the living spaces on the
upper floors of the structure in a manner that reduces the substantial amount
of GRFA in the front setback. While staff believes there is a distinct need for
relief from the strict, literal interpretation and enforcement of the specified
regulations; it is staffs belief that since this is new construction, there are
many opportunities to minimize the extent to which relief is being sought.
The conditions of approval listed in Section lX of this memorandum speakto
the other alternatives for a design that decreases the amount of living space
in the front setback.
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.
Given the configuration of the proposed structure and the stacking of the
floors in the front setback, there may be a negative effect on elements such
as public facilities, light and air, that can be avoided with a different design.
As can be discerned from the Lower Level Floor Plan (aftachment B), there
is an opportunity to slide some of the GRFA back to rear portions of that level
where the crawlspaces are currently proposed. On the Upper Level Floor
Plan (attachment B), the Bath, Closet, and Bedroom 4 could all be slid back
over the area that is labeled "Open To Belov/'. Again, since this is new
construction, there are opportunities to minimize the amount of GRFA, and
building bulk and mass that must occupy space in the front setback.
Additionally, since there exists today a pump house on the adjacent parcel to
the east and the applicant is asking for a variance to encroach into that side
setback which may negatively affect that public utility. The pump house
serves as a "burp valve" for a natural gas line and is approximately three feet
(3') from the eastern side property line of the applicant's lot. The pump
house preexists the platting of Block 9, Intermountain Subdivision, and is an
established use that serves a distinct public need.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
The Design Review Board (DRB) did a conceptual review of the proposed
structure at its regularly scheduled public hearing held on March 22,2004.
While the DRB did not have any factual comments based on a complete set
of plans, as it was only a conceptual review, they did like the general
architectural design and character ofthe proposed structure
B. The Plannino and Environmental Commission shall make the followino findinqs
before qrantino a variance: I
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 improvements 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 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 applicant of privileges enjoyed by the owners of
other properties in the same district.
STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions of the
requested variances, subject to the criteria outlined in Section V of this memorandum and
the following findings:
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 improvements in the vicinity.
That the variance is warranted 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 applicant of privileges enjoyed by the owners of other properties
in the same district.
1.
2.
3.
b.
c.
vill.
1.
2.
3.
b.
c.
Should the Planning and Environmental Commission choose to deny the variance request,
the following findings and conditions must be made:
1. That the strict, literal interpretation or enforcement of the setback regulation does not
result in a practical difficulty or unnecessary physical hardship inconsistent with the
development objectives of the Town Code or the Primary/Secondary Residential
Zone District.
2. That the strict interpretation or enforcement of the specified regulation would not
deprive the applicant of privileges enjoyed by the owners of other properties in
the same district.
3. That the requested variance deviates from the provisions of the Primary/Secondary
Residential Zone District regulations more than is necessary to achieve a practical
solution to the applicant's objectives.
4. There are no exceptions nor extraordinary circumstances or conditions applicable to
the site that do not apply generally to other properties in the same zone.
5. That the granting of the variance would be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
Conditions:
1. That the applicant submit revised plans reducing the 800 square feet of GRFA
currently proposed within the front and side setbacks by 400 square feet priorto final
review by the DRB.
IX. ATTACHMENTS
A. Vicinity Map B. Reduced Architectural Floor Plans C. Reduced Site Plan D. Public Notice E. Applicant's Request
Appeals Form
Attachment; B
Rl--{.r,iyi
i
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tet: 970 .479 .2739 fa\: 970 .479 .2452
web: www.vailgov.com
General Informationl
This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental
Commission action/decision. A complete form and associated requirements must be submitted to the
Community Development Department within twenty (20) business days of the disputed action/decision.
Action/Decision being appealed: FINAL RE{lE\/ DENTAL
Date of Action/Decisionr MAY l1 rr 2r0*
Board or Staff person rendering action/decision: DEStfrN RFUrtrW goARb
Does this appeal involve a specific parcel of land? (yesL (no)
If yes, are you an adjacent property owner? (V"t) jg
NameofAppelant(s): ?elev Co?e
Mailing Address: P0 BOf 194, VAL e0 Olt Sg
Phone:
Physical Address in Vait: LqSL 6f;LI-Fl.rivtER. bR.
Legal Description of Appellant(s)
Appellant(s) Signature(s) :
(Attach a list of signatures if more space is required).
Submittal Requirements:
1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an
"aggrieved or adversely affected person".
2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please
cite specific code sections having relevance to the action being appealed.3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of
property who are the subject of the appeal and all adjacent property owners (including owners
whose propefties are separated from the subject properly by a right-of-way, stream, or other
intervening barrier).4. Provide stamped, addressed envelopes for each property owner listed in (3.).
PLEASE SUBMIT THIS FORM AND ALL SUBMNTAL REQUIREMENTS TO:
For Office Use Only:
Date Received: 5" Z o
Planner:
AD noLlooo3
Lot: 6 Block: q Subdivision: tNfERMouNTAtN
'o*), ?lH,[R5'^ffiH'iJf,: fLTi'JLHi"??!?!y:
*'
Rtc'D M A y z B 200 4
Attachment: G
On May 19ft the DRB denied my final review of a new primary/ secondary residence
at 283O Basingdale Boulevard. The motion to deny is due to a tree that DRB does not
want removed. This appeal maintains there are several reasons the tree should be
removed.
On March 176 I attended my conceptual meeting with the DRB. That same day, prior
to the meeting, the board members had a site visit. According to Vail Town Code
Section l2-ll-4 "the purpose of this conference is to permit the applicant and the staff to
review informally the proposal, before substantial commitments of time and money are
made." Topics of discussion are listed as well. Section A-1 specifically mentions
addressing "the characteristics of the site... significant natural and man made features. "
During the conceptual meeting I provided the board with copies of my site plan. Bill
Pierce commented -"We like what you have going on here architecturally, but we are nof
going to vote until your variances are in place". There was never any mention of trees at
all.
On April 12 6, I obtained an approval for three variances from the PEC : Sectionl2-
6D-6, Setbacks, Vail Town Code, and a variance from Chapter 10, off street parking and
Loading, Vail Town Code, to allow for required parking to be located within the public
right-of-way. This was approved with three conditions, which have been met. I worked
with Matt Gennett, planner II and George Ruther, Chief of Planning of the Community
Development Department to achieve a design meeting with their approval. With their
recommendations, I redesigned and adjusted the footprint until I arrived at the approved
design. This design, approved by the PEC obviously necessitated the removal ol the tree.
Section 12-17-6 "Criteria and Findings" states the factors considered in such an approval.
Section A-3 refers to the "affects on light and air"; Section B-2 refers to "public welfare
and property injury." The variances were obtained because of findings made by the PEC
that the design was satisfactory with respect to many factors, including the aifects on
light and air and public welfare and property injury. Are we not under the obligation to
adhere to the approval of the PEC, an experienced committee designed to review
environmental issues as stated under Varl Town Code3-2-6?
On May 5s I attended my final review hearing with the DRB. Prior to this meeting,
the DRB had their second site visit. At this meeting, my project was tabled due to the
aforementioned tree. Abruptly, the site plan deemed appropriate by the PEC for this
difficult site and the route they encouraged me to take was under question. The DRB
should have raised the issue of the tree at the conceptual meeting rather than so late in the
approval process.
I have had formal training as a draftsman and builder. I have 18 years of experience
in crafting all aspects of a home. I have spent long hours considering the complexities of
this lots access and steepness. I find it nec€ssary to remove the tree for several reasons.
My first concem is fire. In these times of drought we are reminded daily of the
dangers of forest fire. Under Eagle County regulations defensible space extends 15 ft
from the edge ofa structure (including any eaves ordecks). All trees should be removed
from this space. Vail Town Code 12-1-2 states the purpose of zoning regulations is to
"secure safety from fire...and other dangerous conditions."
Perhaps these "dangerous conditions" would also include the drastic excavation
around the tree necessary to implement a design attempting to keep the tree. Saf-ety must
be considered. According to a local certified arborist the removal of the stabilizing root
system on the western and southern side of the tree (the northern side is already exposed
due to road expansion) may result in either tree death or instability. Both scenanos
conclude in a beautiful but towering menace to homeowner and passing Public. This is a
liability issue. Who is liable, the property owner or the committee that forced a
dangerous conservation attempt? Design Review is guided by Vail Town Code Section
l2-ll-I "to recognize the interdependence of the public welfare and aesthetics". I too
embrace the concept of "preserving and protecting desirable natural features". (Code 12-
l-2) However, this must be done with great care and objectivity. At no time should we
ignore our duty to safeguard the population, our neighbors and friends.
The DRB is also guided by Code Section Lz-ll-l "to prevent the... blighting of the
natural landscape". This was particularly evident in the variances obtained. In our
design, we sacrificed one tree in front of the house, but a hillside greenbelt of native
vegetation behind the structure is left unscathed.
I am a small business owner. I own and reside with my wife and two small children at
2932 Bellflower Drive, a mere block away from the building site in question. We have
roots here and a vision for the future of our business, our community and our
neighborhood. We have a priority to uphold the standard you and prospective clients
desire. We are hyper-aware of the impact of design and landscape. The home proposed
is purposely 2000 square feet smaller than the maximum GRFA. It is centered in regard
to its neighbors and pushed forward as far as could be allowed to alleviate damage to the
hillside habitat behind the house. We have taken risk, labored over 250 hours and spent a
substantial amount of money in order to rise to the challenge of an entrepreneurial
opportunity. The delay of this prqect has affected my entire family. For the DRB to
infer I should return to the beginning of the design process at the final meeting is
inefficient and vitally destructive to our livelihood. Living in the mountains, we are
afforded a very short building season. This delay could render the entire project
financially unfeasible if pushed to a winter build.
As a very experienced builder, I fully appreciate the importance of the gardens and
natural flora surrounding my creation. It is critical and necessary. The key to 2830
Basingdale's insignificant impact to the environment is the classic architectural style and
landscape design that includes strategic replanting of indigenous trees and gardens.
Therefore, the logical solution in this instance is to promote our goal to enhance the town
and maintain a high quality of living by concentrating on post construction naturalization.
Thank vou for vour time and consideration concernins this matter.
W
Peter Cope
Attachment: D
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 Tuesday, June
15, 2004, at 6:00 PM in the Town of Vail Municipal Building. In consideration of:
ITEM/TOPIC:
An appeal of the Town of Vail Design Review Board's denial of a design review application,
pursuant to Section 12-1 1, Design Review, Vail Town Code, to allow for a new single-family
residence, located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain, and setting forth
details in regard thereto.
Appellant: Peter Cope Planner: Matt Gennett
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.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2114
voice or 479-2356 TDD for information.
PROPERTY OWNERS
LOT 3 BLOCK3 Joseph E. & Catharine S. Cheney
P.O. Box 1094 Vail 81658
(2754Basingdale Blvd)
LOT 0 BLOCK3 Public Service Co.
J.R. Birrell
550 l5th St Denver 80202 or
1225 nn' Sr Suite 2100 Denver 80202
(Gas House)
LOT 4 BLOCK 9 Daniel J. Frederick
2&10 Basingdale Blvd Vail 81657
(2840 Basindale Blvd)
LOT 2 BLOCK 8 Michael C. Callas & Kimberly M. Walker
2801 Basingdale Blvd Vail 81657
(2801 Basingdale Blvd)
LOT 7 BLOCK 9 Bruce F. Yim & Rebecca Ellen
28458 Snowberry Dr Vail 81657
(Z8r''SB Snowberry Dr)
LOT 7 BLOCK 9 Christopher Erving
28/'5A Snowberry Dr Vail 81657
(ZU1A Snowberry Dr)
LOT 8 BLOCK 9 Christopher G. & Mary M. Ball
?835 Snowberry Dr. Vail 81657
(2835 Snowberry Dr.)
LOT 9 BLOCK 9 Dante's Builders
P.O. Box 4Ol5 Avon 81620
(2801 Snowberry Dr)
LOT Il BLOCKg Johanes Faessler
20 Vail Road Vail 81657
(270O l-arkspur Court)
KathleenA. Mauzy
2702 l^arlapur Cout Vail 8169
(2702larkspur Court
LOT6BI-OCK3
xphysical address is in parenthesis
Atachment:
o o
Attachment: F
,:.'j'6oe)€'
F;i'.:.-
; "fl
5
L
.-{.
$E
$i d- r
NiSiril Ni;r i:i ."
I l-;.il-rl9
o
F]?
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 97 0.47 9.2452
web: www,ci.vail.co.us
DRB Number: DRB040144 Project Name: BASINGDALE 5 NEW RESIDENCE
Project Description:
Pafticipants:
OWNER
PO BOX 1832
VAIL
co 81658
License:
APPUCANT PETER COPE
PO BOX 1832
VAIL
co 81658
License:
PRIMARY SECONDARY NEW FAMILY RESIDENCE
BASINGDALE 5, LLC.04/2312004 Phone: 390-2106
Project Address:
2830 BASINGDALE BLVD.
Legal Description:
Parcel Number:
Comments:
04 123/2004 Phone: 970-479-0795
2830 BASINGDALE BLVD VAIL Location:
Lot: 5 Block: 9 Subdivision! VAIL INTERMOUNTAIN DEV S
210314301030
Prooer abstained
BOARD/STAFF ACTION
Motion By: Rogers
Second By: Pierce
Vote: 4-1-0
Conditions:
Action: DENIED
Date of Approval:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
o
DRB Fee Paid: 3650.00
o
Gennett Planner: Matt
*Wdslq/oq
Application for Design Review
Deoartment of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2139 faxi 970.479.2452
web: www.ci.vail.co'us
Sr,
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application' Please
refer to the submittal ,.aqu,r.*.nt, foi the particula, upprouut that is requested. An application for Design Review
cannot be accepted untif atf requireO information is receivJ by the Community Development Department' The
projectmayarsoneed.*,8"'.ilo'ili1.1,".X1-tg:::1":i5t]'#::"*"1':f Hffi:"t#T,ifi I ffiff"T:1,:ff"1ffi;:,t;::ffi1#;;,i,ilig ilfriii.',*uea ana c6nstuuction commences within
ffi'il;;;ft;;;ro'"r. '*- -, pq:iy/:nc,"--lar,"1 I.fo . I
VAN DIEMEN INC
P.O, BOX 1832
VAIL. COLORADCI
[16[-18
ffi
TOil/]V 0r l/Allpr
Description of the Request: MQd XMry(A/-
Location of the Proposal: Lot: 5 Bbck: ''Q Subdivision:lrtiL- t tTF<ntout.rTnltl
Physical Address:ts\o R.s;;ntchtE EutrD
parcef No.: Al03l1-so l03ro (Contact Eagle Co. Assessor at 970-328-8640 for parcel no')
Zoning:
Name(s) of Owner(s):
Mailing Address:
I'xll+t
3 16-{ 6
Owner(s) Signature(s):
Maifing Address:
E-mail Address:
Type of Review and Fee:
tr Signs
E PoncePtual Review
d New Construction
tr Addition
E Minor Alteration
(multi-familY/commercial)
tr Minor Alteration
(single-familY/du Plex)
O Changes to Approved Plans
tr Separation Request
$s0
No Fee
$6s0
$300
$2s0
$20
Plus $1.00 per square foot of total sign area'
For construction of a new building or demo/rebuild'
For an addition where square fitage is a<lded to any residential or
Jttl"iur6rifoing (includes zsO additions & interior conversions)'
6i.inoi tnung"tio buildingt and site improvements' such as'
;#i;;, pain'ting, window additions, landscaping' fences and
retaining walls, etc'
foimin6r cnanges to buildings and site improvements' such as'
;;";rrg, -pii,iting, window additions, landscaping' fences and
retaining walls, etc.
$20 foi ,"u-islont to plans already approved by Planning Staff or the
Design Review Board.
No Fee
RECEIVED
nf"[,ffi't"t#
o
o
Buildino Materials
PROPOSED MATERIALS
Tvoe of Material
C'JP4ER
fuft? l Brrr?E^/
. ^
(,414 r N'Tg€a> cnrn r r,qfe{* y 4 flsnat SFlrvoi:E
Color
(llnrL(h+L-
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
T,(nntl
&T.fitj_ L€vD.- Siope 1r*q::,/4e ??v,E
ffiHr, (crfie- nnuKfr-rd4 sg^r
flfnz-a'<
^\y4{ *-F#' ;itrlr
a7- ..t'>trrtf.- >4rT, S2rr7 KA4^
tl€mt"cr-
al
ln"-rf'.i
C1^L6A:-EO 6q..x i ^J LYYL-?S o@p $fr..66;tys @rfr@oe
EgA* y-fi E s.Frnc'/r4*,,s
Notes:
Please specify the manufacturer's name, the color name and number and attach a color chip.
Pik-tc llt iiun
-3v\ l.s czW
Page 6 of 12102107102
o
d Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the
bottom of wall elevations noted.
chitectural Floor Plans:
Scale of 1/8" = 1'or larger; 1/4" is preferred
Floor.plans of the proposed development drawn to scale and fully dimensioned. Floor plans and
, building elevations must be drawn at the same scale.d Clearly indicate on the floor plans the inside face of the exterior structural walls of the building.{ tabel floor plans to indicate ihe proposed floor area use (i.e. bedroom, kitchen, etc.).
d One set of floor plans must be "red-lined" indicating how the gross residential floor area (GRFA) was
, calculated. See Title 12, Chapter 15 - Gross Residential Floor Area for regulations,
6 Provide dimensions of all roof eaves and overhangs.
Architectural Elevations:/, Scate of 1/8" = 1' or larger; 1/4" is preferred
C All elevations of the proposed development drawn to scale and fully dimensioned. The elevation
drawings must show both existing and finished grades. Floor plans and building elevations must be
/ drawn at the same scale.d if buitOing faces are proposed at angles not represented well on the normal building elevations, show
these faces also.
Elevations shall show proposed finished elevation of floors and roofs on all levels.
All exterior materials and colors shall be specified on the elevations.
The following shall be shown graphically and fully dimensioned: fascia, trim, railings, chimney caps,
meter locations, and window details.
Show all proposed exterior lighting fixtures on the building.
Illustrate all decks, porches and balconies.
Indicate the roof and building drainage system (i.e. gutters and downspouts).
Indicate all rooftop mechanical systems and all other roof structures, if applicable.
Illustrate proposed building height elevation on roof lines and ridges. These elevations should
coordinate with the finished floor elevations and the datum used for the survey.
Exterior color and material samples shall be submitted to staff and presented at the Design Review
Boa rd meetinq.
{f
{
w
/
Ligrhting Plan:
d/,naicate type, location and number of fixtures.
C/ lnclude height above grade, lumens output, luminous area y' Rttacrr a cut sheet for each proposed fiKure.
II. IMPROVEMENT LOCATION CERTIFICATE (ILC)
Once a building permit has been issued, and construction is underway, and before the Building
Department will schedule a framing inspection, two copies of an Improvement Location
Certificate survey (ILC) stamped by a registered professional engineer must be submitted. The
followino information must be orovided on the ILC:
I,/
y'7,Basis of bearing and tie to section corner
'fir/ Sll propety pins found or set
p//puining location(s) with ties to property corners (ie. distances and angles)/fl/ Fuildins dimensions, including decks and balconies, to the nearest tenth of a foot
/Q / euiaing and garage floor elevations and all roof ridge and eave line elevations
-6/ All drainage and utility service line as-builts, showing type of material, size and exact location
d All easements
Page 5 of I2l02l07lO2
ZONE CHECK o"", 316
Lcgal dcscription: Lot Block
Addrcss
Orrn cr
Arch itcct
Pbonc
Phonc Zonc d istrict
Lot sizc
Proposcd usc r
Brrildablc arca
Allorvcd
Sccondary GRFA + (12j) (67j+) =_
rorarGRFA 5,7V3'*l7fiF- u)g
=, 6rba3' f ., 7q,/?'=6,ba
,A E.tisting &anaild p -.. -=-b T^r-l , w,al + l!!I!arl!.LqC q,qQ" l,6v P
+ 6'15 = 425 crcdir plus 2j0 addition
Docs tlris rcqucst involvc a 250 Addirion? tllC;
Horv muclr of tbc af lowcd 2i0 Addition is uscd Mth r,lt:s rcqucst?_J/L!
sitc covcragc 2O%, fARa O n ,@n Hciglrt
SctbacLs
l-andscaping
Rctaining \\tall Hcigh ls
ParUng
Caragc Crcdit
Drivovay
W #aa'LP
Front
Sidcs
Rcar
, 20'
.J 5'
I <t
ivfinimum 6o lff u _
Rquircd
(3 o o ) (60 o)dy'6*o-il I 2 o o)
3'/ 6'
5-43 rn"roud
P{fT/fi'*t[-Z (/ " t/ ).y, rrzr
DESIGN REVIEIY CHECICIST
Proj cc t:
D suRvEY
Sc.rlc
Q FLooRPLANS
Srel.
o
' l-' ''J'
,.
. suorlf,Flssl lPld
' SJCITEIJEA
.sJop!uo3
^\c!n
(pmo-6rcpun) saorpll
scpuy cpeqglung
u0Fsruur^.O.C
scldures Jeprleiu ?u!p lln g
cl!sJo s0l0rld
tutoy UOqeogpa,r,(1r;U61
(g t V) uoda: cprl
luaorddy opuo3
credg crg111aru3
vnlD tBuoqrpps oru
Yfi{c
cie-teg73up1n4
sast!'J
snosNv-r.IEJSIh{
. puafcl
scc4posodo:4.-
sccq 6uqsrxS
NvldsdvcsqNv-I D
rlrudJoou
slEprlej/{voloJ
olers
sNotIv S.IS DMO"IIng D
nHA
s1ptr1 8uJu1qc1
cdoJglcpug clrg
uorlrruuoc cFereo .-.-_
s uo3Jsgi/strao
(1) sSueq:ra67sc,rug
ofsrcloJ clrs
q3sqlcs
sluaurq3EolJua
l{3rag 3urp1111g
rr... c[gJS '\ '' .'
suoqu,rclc lOdS
suoqecol ,erlnn
saaJI
sprrzBH lEuaruubrr,rul
:lr€qlcs csmoJ lalPtr[
umld poog .:,( gg I
{qde6odo1
s)uJrucsB:l
Ecrv clqsPllnB
. szrs Jo"I
uondrnscp 1effj.1
NV'rd sIrS D
Botanical Name
PROPOSED TANDSCAPING
Common Name
PROPOSED TREES
AND SHRUBS
Coro kuE g.Kr'€
Ouantitv
3
Size
l/r-R
,' ^'b-5 Afirwilsfi{r'a€5
lCI lbeurus tKEnvunt
hAftLrJS CErJttfl-wr,
!UJE
It/P.WrJ
2, c.*,(,/t,-
-2'-47c-s g4l ----------7-
?4an€fuN' dnL ffi
aiuNt(t<J'> MAutfrcus &-uS tplfflwe Jvn'WA__ L
EXISTING TREES
TO BE REMOVED
ll
I
7we-zli{-J/o'<'
i''o" i'o" u'-/
Minimum Requirements for Landscaping:Deciduous Trees - 2" Calioer
Coniferous Trees - 6' in height
Shrubs - 5 Gal.
GROUND COVER
SOD
SEED
IRRIGATION
Type Square Footaqe
(Sno; 14. 5vr^nQ.)
GRJSf'WnnTqflFMosroh,\ ?s
N -1oo ?frfl FLsLte .\
//'
TYPE OF EROSION CONTROL
?oo
v,rWt Q{t{t,qLi<
Please specify other landscape features (i,e. retaining walls, fences, swimming pools, etc.)
PageT of 12102107102
ft
t+s
+WT
)ET
'" ;.' ;tfhff* ^:"" ^T:,*,i3""a42'-
z-'l eHt
This form serves to verify that the proposed improvements will not impact any existing or proposed utility
services, and also to verify service availability and location for new construction and should be used in
conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor
plan, and elevations, shall be submitted to the following utilities for approval and verification,
Date
QWEST
970.384.0257(fax)
Contacts:
Scott Carrington 970.468.6860
Jason Sharp 970.384.0238
EXCET HIGH PRESSURE GAS
970.262.a076 (tel)
Contact: Rich Sisneros
HOLY CROSS ELECTRIC
970.949.5892 (tel)
970,949.4s66 (fax)
Contact: Ted Husky
EXCEL ENERGY
970.262.a038 (fax)
Contacts:
Kit Bogart 97 0.262.4024
J im O'neal 97 0.262.4003
EAGLE RIVER WATER &
SANITATION DISTRICT
970.476.7480 (tel)
970.475.4089 (fax)
Contact: Fred Haslee
COMCAST CABLE
970.949.1224 x 112 (tel)
970.949.9138 (fax)
Contact: Floyd Salazar
NOTES:
1. If the utility approval & verification form has signatures from each of the utility companies, and no comments
are made directly on the form, the Town will presume that there are no problems and the development can
proceed.
2. If a utility company has concerns with the proposed construction, the utility representative shall note directly
on the utility verification form that there is a problem which needs to be resolved. The issue should then be
detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the
utility company and the applicant to resolve identified problems.
3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the
Department of Public Works at the Town of Vail. Utilitv locations must be obtained before diqqinq in any public
right-of-way or easement within the Town of Vail. A buildinq permit is not a Public Wav oermit and must be
obtained seoaratelv,
The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-
specifically noted within the
Authorized
Siqnature
Comments
Developer's Signature
area of this form).
friagz-t+
Survey/Site Plan Review Checklist
Depatment of Community Development
75 South Frontage Road/ Vail, Colorado 81657
tel: 970.479.2139 faxi 970.479.2452
web: www.ci.vail.co.us
*This checklist must be suhmitted prior to Public Works review of a proposed development
Owners/Project Name:bfl>irwDfrE {
Project Address:2&o ?#rruetwe LzvP VFtu CaL-
at
M,
g
J/
M
u
I.
D
J I
J
lrl
s/
9
ul
J
Access (check all)
Driveway type and finished surface are shown on tfe site plan.
a Unheated 6 Heated (portion in ROW in a separate zone)
Snow storage areas are shown on the site plan within property boundaries (30o/o of driveway area if
unheated; L1o/o of driveway area if heated)
All driveway grades, dimensions, radii are clearly noted on the site plan and conform to Development
Standards, p. 11. Steepest Section Driveway Grade (notthe average grade): in 7'
Parking spaces and turning radii are noted on site plan and conform to Developmeit Standards,
pp.12&14
Construction Site (check all)
Location of all utilities and meter pits are shown on the site plan.
Limits of disturbance construction fencing is shown on the site plan.
I am aware that approved Staging and Construction Traffic Co.ntrol Plans, as per the Manual of
Uniform Traffic Control Devices, will be necessary prior to construction.
I am aware that a Revocable Right of Way Permit will be required prior to construction.
Appticafti ff:16€- c',J+E phone Number: 3qo atob
S!,rbmittal
d, Stamped survey of property
d Civil/Site plans
Survev Requirementsl
0, Surveyor's wet stamp and signature
d, oate of survey
d, North arrow _---:\.
d7 Proper scale{l"=10'9t I"=20')
d, Legal descriptibnr/
d Basis of bearings / Benchmark
d, Spot Elevations
d Labeled right of way and property lines;
including bearings, distances and curve
information.d Lot size o Buildable Area (excludes red hazard
avalanche, slopes greater than 40%, and
floodplain)
Site PIan Requirements:
d. Landscape plan
d Title Repoft (Section B)
Environmental Hazards (ie. rockfall, debris
flow, avalanche, wetlands, floodplain, soils)
Watercourse setbacks (if applicable)
Trees
Labeled easements (i.e. drainage, utility,
pedestrian, etc...)
Topography
Utility locations
Adjacent roadways labeled and edge of
asphalt for both sides of the roadway shown
for a minimum of 250' in either direction
from property.
Page 11 ot r2l0zlo7l02
III. Drainage (check all that apply)
The required Valley Pan is shown on the site plan as per Development Standards, p. 12.tr
d
d
tr
(Npte: Valley pan must not be heated)d 4 Foot Concrete Pan
D
d
tr
IV.
o
tr
o
tr
d
VI.
tr
o B Foot Concrete Pan
Positive and adequate drainage is maintained at all times within the proposed site,
Culveds have been provided and are labeled and dimensioned on the site plan.
A Hydraulic report has been provided. (As requested by Town Engineer)
Erosion Control (Check all that apply)
Disturbance area is greater than one half acre,
A separate Erosion Control Plan has been professionally engineered and PE stamped.
Less than one half acre has been disturbed, and proper erosion control devices are shown on the site
plan.
Floodplain (check all that apply)
The project lies within or adjacent to a 100 year Floodplain.
100 year Floodplain is shown on the site plan.
A Floodplain study has been provided. (Required if floodplain is within construction limits or as
requested by Town Engineer)
The project does not lie within or adjacent to a 100 year Floodplain
Geological/Environmental Hazards (check all that apply)
The project lies within a Geologic/Environmental Hazard area. (See Development Standards, p. 20)
A Hazard Report has been provided
The project does not lie within a Geologic/Environmental Hazard area.
Grading (check all that apply)
Existing and proposed grades/contours are provided on the site plan.
All disturbed areas have been returned to a 2:1 grade.
All disturbed areas not returned to 2:l grade have been Professionally Engineered with slope
protection and/or stable soils. PE stamped details are provided within plans.
Only existing contours are shown on the site plan, there is no proposed grading.
n as per Development Standards, p.12.
ai
ry
vY,'
Fi
@
o
VIII. Parking (check all)d All residential and commercial parking spaces conform to the Development Standards, pp. 12&15,
I4. Retaining Walls (check all that apply)
u, All retaining walls conform to the standards in the Development Standards, p. 19.
-p E All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE
, stamped detail has been provided within the plans.
d All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type
of wall construction.
No retaining walls are required for this project.
Sight Distance (check all that apply)
Proper sight distance has been attained and shown on site pla
Proper sight distance has not been attained. Explanation why
any additional comments that pertain to Public Works Review.
X,
d
tr
Additional Comments
*
Page 12 ot I2lo2l07l02
nf
* * * **'t't* * * *:f *'* * I *!t 'l ***'t* * *** * ** ***'t* * *** {.* ** *** r.*!t * +* ** * *** * *+*++** ** *tt *!t* * * ***** r!* l.l.* ** * * **
TOWN OF VAIL, COLORADO Statement
* *** ***** * *r.**!t* **'f '**'r r.* *!t* *'f** ** * ** * * **** * **'*r. * !** * ** ** * ** * * 'i **f** * *r. x *,t * {r * + *+ * *:* * * * * 'r * * + * **
Statement Number: R040005671 Amount: $550.00 04/23/200404:09 PM
Palment Method: Check Init: iIS
Notation:
Permit No: DR8040144 TIE)e: DRB - New Construction
parceL No: 2103143 0103 0
Site Address: 2830 BASINGDALE BLVD VAIL
Location: 2830 BAS INGDAIE BLVD.
Total Fees: $650.00
This Payment: $550.00 Total AIJIr Pmts: $650.00
Balance: $0. 00
*+ll **** ***'t* +** **'* * {. * * * l** + *** *'fr * * '} **** ** ** *'**** *+ ** * **,r.,***** ** *,** * * * * * * * * * * * ** * 'r * * *** ** * * {.
ACCOI,JNT ITEM LIST:
Account Code Descrjption Curnent Pmts
DR OO1OOOO31122OO DESIGN REVIEW FEES 650.00
Application for Design Review
Depaftment of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us
Location of the propos at: Lor: 4 atorrt 4 subdivisiont l//i|L l/U[fil h/,A4-4/V
Physical Address:
Parcel No.: 2/O < t47C t olC;(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s) :
Name of Applicant: ft',F W
Mailing Address:
//7C'a
E-mail Address:
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addrtion where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
Fee Paid:
Application
Planner:
;9t,+"
Type of Review and Fee:
n Signs
E Conceptual Review
tr New Construction tr Addition
O Minor Alteration
( multi-fa mily/commercial)
D Minor Alteration
(single-f amily/du plex)
tr Changes to Approved Plans
tr Separation Request
IOI4IAI
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Description of the Request:
o o:
G@PV
March 16,2004
Peter Cope
POBox 1832
Vail, CO 81658
RE: PEC04-001r / DRB04-0052
Dear Peter,
Pursuant to eur conversation today, the following are comments from the planning staff
of the Community Development Department regarding your variance application, and
conceptual design review application, for 2830 Basingdale Blvd/Lot 5, Block 9, Vail
lntermountain:
Garaqe Level Plan
) The scale to which the plans are drawn must be shown (one quarter of an inch :
one foot has been assumed lbr measurement purposes);
) There is a large, unlabcled space adjacent to the garage: is it crawlspace? If so, a
maximum 5' head height is required and must be labeled and an access of no
more than l2 square feet is required and must be identified on the plans;
F All window penetrations must be shown.
Lower Lcvel Floor Plan
) All window penetrations must be shown.
Main Level Floor Plan
P All window penetrations must be shown;
) Is there a kitchen on this level (perhaps mislabeled)?
Roof Plan / Upper Level Floor Plan
ts Chimney chase shown on roof plan must be shown at the corresponding location
on the upper level floor plan;
} Is the space adjacent (to the north) ofthe party wall open to below? Please label
and identify;
F What is the small, enclosed, rectangular space at the lower righl comer of
Bedroom 4? Please identifv and labell
F 'Ihe scale to which the plans are drawn must be shown (one quarter of an inch :
one foot has been assumed for measurement purposes).
Site nlan
) Roofridge heights exceed 33' at three different points. Please submit an updated
topographic survey with the roof plan superimposed over the survey in the
appropriate location, at the same scale, with the ridge elevations labeled.
South Elevation (?)
) Unlabeled and no scale shown. The scale to which the plans are drawn must be
shown (one quarter of an inch = one fbot has been assumed for measurcment
purposes).
North Elevation
) The scale to which thc plans are drawn must be shown (one quarter of an inch:
one foot has been assumed tbr measurement purposes).
) Ridge prow over driveway on 3'o level is 38' above the grade.
) Retaining walls cannot exceed 6' maximum height.
West Elevation
F Retaining walls cannot exceed 6' maximum height.
) A bench with a minimum width of 4' is required between combination retaining
walls.
East Elevation
F Retaining walls cannot exceed 6' maximum height. (Shown in excess of l0' in
places.)
F Any rctaining walls located within the front setback cannot exceed 3' in height.
All of the atbrementioned comments are in addition to the submittal requirements I sent
to you earlier this aftemoon. Please note that every sheet of the plans must be stamped
by a licensed architect and the foundation plans by a licensed PE. Ifyou have any
questions or comments regarding this letter or your applications, please do not hesitate to
contact me directly. Otherwise, I look forward to seeing you tomorrow aftemoon for
your conceptual review before the Design Review Board at 3:00pm.
Sincerely,
Matthew R. Gennett, AICP
Town Planner
t
l.'
box lO0
vail, colotado 81657
(3031 476-5613
October 12, 1981
Ray Story
Box 726
Vail, Colorado 81658
Dear Ray:
department of community development
/of
>*-1 "-'
Rd: DRB Submittal of i0-7-81 )
-='-2/pro., ct*y t-, x
At the October 7 meeting of the Design Review Board, your
submittal for a primary/secondary residence was approved with
the fo'l lowing st'ipulations: concrete facing be sandblasted or
simi1ar, work on retaining at end of driveway with Town Engineer'
no damage to site uphill of units. Approval was for a primary/secondary
residence with a total GRFA of 2583 sq.ft.: 1332 sq.ft. primary and
1251 sq.ft. secondary.
Pete
Town
Jamar
Pl anner
PJ:df
( tl
F(
l.:
r L/><>C:,
(.- h.
L!
C.-c
F.
t ;.
v) c'
Fa
:.. -r
,:
r.
t-
r'r
t..:c:
U)
--t
-l m
o
-T'l
o o t-o 7
U o
io :m
:tJ r-rl F.C-L c! -.t
l-: t: O
A: T m-rr. rr Z
t-- , :-. -l
!i:, O 7r -n l't= n
=im L;O nr-{-c=
r-{
=o :ll ;.
i io
-4m t,Z o
m a
<l,rX
'
N1 >.t+{rc:.
c. z, ;-..()rc:
GC I r (.
c' l/ a.
-.7:C
'':: '(c r::
t-t.(
lJ a:
F.
c
ril
'11+1 ttl
o>r (,frmZ nr\O VJ
'Tt o
O'n
fl
...<F
" r''r ;i q --,''' . ;i
|:-N
9!
.<r)llm l-J <, =r lo --h c,-
z
(r,
" !r..' (9
l ;o
IO
!.6'
a$
>o
?t--ro m z a
m
-7.
?.2 :Llr.
af L r
avv,u
a<.
:a c-
:t.. a im 'r
z ,,G)
.,2
;F i.t .m
g,
!n I il \l
.s. I
\'\6l i.l . - il
,"' t'l
".1 il .' I -{
-i r.r I \.l.
I \,4
l.l
I
z
z,
+
I
€
€=l-in r{r
1-I-
m+i;a iim
I Y
E* €;6 m 4qr_<z r 222 ;; o ;3 +dd o 2"2 !in !=>m e@ 2rD o
3
\
o.
\
l-)-
t
t'/ i
a
,-t )
o (.
2?Fo :r
o (}
c !,
c
; r,.
i; F
z
m z o
t'c
(
F
c-.