HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 7 LOT 32 PARCEL A LEGALpdfco.rnirrrltY gEvEroPuarrr
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, vail, Colorado 81657
tef: 970.479.2139 taxt 97O.479.2452
web: www.vailgov.com
Project Name: PITKIN PATION AND HOTTUB
Proje€t Description:
PATIO AND HOTTUB
DRB Numben 0R8080184
Participants:
OWNER PITKIN, EDWARD M. &JUDITH A0610212008
10911 BRIGANTINE DR
INDIANAPOLIS
IN 46256
APPUCANT MMIMUM COMFORT POOL & SPA 06i02/2008 Phone: (970) 949-6339
PO BOX 2670
VAIL
coLoMDo 816s8
License: 386-M
CONTMCTOR MMIMUM COMFORT POOL & SPA 06/02/2008 Phone: (970) 949-6339
PO BOX 2670
VAIL
coLoRADO 815s8
License: 386-M
ProjectAddress: 95 FOREST RD VAIL Location:
Legal Description: Lot: 32 Block 7 Subdivision: VAIL VILLAGE 1
Parcel Number: 2101-071-1305-2
Comments:
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Action: STAFFAPP
Date of Approvalr 06/05/2008
Cond: B
(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
(PLAN): DRB approval shall not become valid for 20 days following the date of
approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEA6.
Cond: 202
(PLAN): Approval of this project shall lapse and become void one (1) year following
the date of final apprornl, unless a building permit is issued and onstruction is
commenced and is diligently pursued toward completion.
@nd: CONffi10063
The applicant shall replace the renroved aspen with 34 aspens 2'-4" in caliper.
Cond: CON0010054
The applhant shall submit a construdion staging plan for review and approval by
the Town of Vail Public Works Depaftment with the building permit application.
Bill Gibson DRBFeePakl: f2O.OO
Application for Design Review
Department of Community Development
75 south Ffontage Road, Vail, Colorado 81657
telt 970.479.2128 fax'. 970.479.7452
web: www.vailgov.com
General Information:
All projeds requiring design review mu* receive approval prior to subrnitting a building permit application. Please refer to
the submitlal requirements for the particular approval that is reque*ed. An applk?tion for Design Review cannot be
accepted unul all required information is received by the C-ommunity D€velopment Department. The project may also need
to be reviewed by the To\^rn Council and/or the Planning and Environmenbl C.ommission. Design review approval lapses
unless a buildang permit is issued and construction c(rnmerrces within one year of the approval.
Description of the Request:Co^.,-srcu.T llo, T'r* Y ?nfro
Locauon of the Proposa l: tot: 32 ebck: :7 Subdivision:
Physlcal Address:
Parcef No.: 216i 6lt ISdSZ - (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
zonins: V r tn-y /Sr...o/oy
Name(s)of owner(s): trO J,ZEtp-
Mailing Address;t6A$T
Phone:-,3
Owne(s) Signature(s):
Name of Applicant:
E-mail Address:
Type of Revlew and Fee:
D Signs
D Conceptual Review
fl New Conslruction D Addition
D Mins Alteration
(multi-family/commercial)
$50 Plus $1.00 per square foot of total srgn area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addrton where square footage is added to any residential or
commercial building (includes 250 additions & intenor conversbns).
$250 For minor changes to buildings and site improvements, such as,
re-rooting, painting, window additions, landscaping, fences and retaining
walls, etc.
For minor changes to buildings and site improvemenG, such as.
re-roofing, painting, window additions, landscaping, fences and retaining
walls, etc.
$20 For revisions to plans already approved
Review Board.
No fue
Minof Atterauon
(si ngle-family/du dex)
Changes to Approved Plans
Separation Request
$20
n
t-l
8a ?e'.;
MAY 27 2008 m
t7
o*uH, DRBo60t8Y '-Fs8ff'3fs,.'''
Projecr No.: SH\L -\Zq--
...: ::.,, j-.:., .,
:....,, r..:.:.i:t.ti . :
' 'i :: :::.,.:.1
JOI''TT PROPERTV OI'IITER
WRITTE'I APPROVAT LE'TTER
lfip,int nansk*ejt :-JAIK-4{41*
Ji";.'y
._, +jrtnt own
.s-hdi'iJ"J
f,y'woprnlocated at
-
I I Foe.e ,, h a > provide this leter -
as written approvdrof the plans arrA t /Z 7r/O F
--which
have been submitted b the
Town of Vail Communlty Developrnent Department for the propoeed improvemen[s to be completed at the
address noted above. I understand that the proposed improvements include:
L ru'{t?tltrr r (F P^-'tn *' H.- --r,ie Suttr^urrrr"t
ilS. t'Rr cR
eaot
(Date)
ilci. ftrt*ley u Faer
Additionally' please check th€ statement below which is most appticable to you:
I understand that minor modifications may fu made to the plans over tle cour* of the review process to
compliane with the Town's appllcable ades and tqulattbns.
LJ I request that all modifications, minor or otherwise, which are made to the plans over the cowse of the
ieview process, be brought to my attention hy the appliant for additional approval before undergoing fufther
reuiew by the Town.
(lnitia! herc)
Jt)tht pf.rperl] a\t net lcnt Evtai iC/lSi:006 Er
s fnf
15 \v
|\4AY
TOWN
T= n n'' |.:3 r_e l v/ le
27 2008
OF \/AIL
F : \,cdev\FORM5\Permits\ PlannirE\Otd fornsVrb_addition_ B-28-2007, doc Page 2 of 15
MINOR EXTERIOR ALTERATIONS
TO BUILDINGS AND SITE IMPROVEMENTS
SUBMITTAL REQUIREMENTS
Genera! Information:
This application is required for proposals involving minor exterior alterations and/or site improvements.
Proposals to add landscaping do not require DRB approval unless they involve the addition of patios,
water features, grading, or the addition of retaining walls.
I, SUBMITTAL REOUIREMENTS**
D Stamped Topographic Surveyx
r Site and Grading Plan*
o Landscaoe Planx
E ArchitecturalElevations*
o Exterior color and material samples and speciflcations.
o Architectural Floor Plansx o Lighting Planx and Cut-sheet(s) for proposed flxtures
o lltle report, including Schedules A & B to verify ownership and easementsx o Photos of the existing site and adjacent structures, where applicable.
tr Written approval from a condominium association, landlord, and joint owner, if applicable
r Site-specific Geological Hazard Report, if applicable*r The Administrator and/or DRB may requrre the submission of additional plans, drawings,
specifications, samples and other materials (including a model) if deemed necessary to
determine whether a project will comply with Design Guidelines or if the intent of the
proposal is not clearly indicated.
P/eanz .;ubni/ lhree (J) copit's a1"t/te' naleria/.r nolel w?/t ut a.sterr'tl' (*).
x*For interior conversions with no exterior chanoes, the submittal requirements include a complete set of
existing and proposed floor plans, a title repot, and written approval from a condominium association,
landlord, and joint owner, if applicable.
I have read and understand the above listed submittal requirements:
Project Name:
Contractor Signatu
R
oatesisnea {/27/o I
REGLEl
[1-1]
MAY 2?
F: \cdev\FORMS\Permits\Planning\Old forms\drb_minor_alt_B-28-2007.doc Page 3 of 13
::I;J ',1\'\ ;i ;"t .,/
UTiLI l-Y APPROI,'AL & VERIFICA ilcf I
lor approv rl i)r r,l ! i.'.r[i.-J'1r,'n. P LEASE ALLOIV UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE Ul ILIW
COMPANiES, il I ru are rrrr;rbl,-. tr: cbid[] iiur||rr'c|t.;'witlrin thirt trn'r(]friinre pka:;ri tontd(;t Ihe I o.?rt r)f \,ril.
Lteveloper to Proviele Lot Address furformation:
FA ,",o,3.!3Li(A
;/t//M
Lot Address:Suhdivision:
Authellzsd Sionaturg Date
QWEST
9/O 468,.6860(tor)
970.4ti8 067.)-(far)
Conta,-tr: Sirrn ToolLy
r4.m t! ri, t'r! l!:yrqqlryr sl,ta!r-l
XCEL HIGTI PRESSURE GAS
970.262.4076 (tel)
970.468.14{i1 (fax)
(:ortact: Rich Sisneros
qc.bqrd -1'sr-erer0iceleostg! cc Iti
HOLY CROSS E}IERGY
970.947.5471 (ter)
970.94 5.4081 (rax)
Contact: Uran, Golis
dgalrl-Otralicra5s.(a]!
XCEL ENERGY
970,262.a038 (fax)
9 /0.2ti2.4024 (tel)
Contacts:
Kit Bcryert
I a$-ryr, E.ie]t@^XE4 Ell-EEEY*galr
EAGLE RIVER WATER &
SANITATIOII DISTRICT
974-476.7480 (.tet)
97C.476.aon9 $ar.)(-ontact: Irred |l slee
ftriitLet QSn&:1i11rg
COMCAST CABLE
970.418.e248 (tei)
970-949.91j8 (far)
Contact: David Evans
d_av_gliUa!1Qi..r_bllg.:!,j_rgo5t-c_q11
NqEg
'| If the utrlrty tpprovJl & ver'ficttion fcrm i"a9 sign61,11gr from edch of the Jtrlity conrpan es/ and no conimcnts are made drrecfly
on the form, or rio action is tal'en within 2 weeks of the Utilifi's recerpt of the form h,rthout cxplanalron tlie lcwn !\,ill presume
that thcre tre rll tr-blcn s ani titc devrl.:1:mcnt ctn p.c:cet1.
2.lfatitLlit/c,jli.lp.,l'.}!l]itjcot.'r.crttsv.iththcprr'pn^e,l4l.rltsl!-..](io:]'
vcrrflcat|on toi:n that thcre is a prchlpm whr(t n,'.l:ds to 5€ rc:,ol!.rd. i!'e issue shorrlcj tncn be dctalle(j i ar .rttached le11er to the
TDi n tf vatl. Hov,rever, please keei in mind that t is the i3sp.cris,brlify of t::e uttllty r-.rrnp.iny a.rd tlrt.: applicant to resoive
rdentifred prr.rbienrs.
3. These renllcatioit5 i:o not rijli{rvc tt.e contr,r,Jcr cf the re:p.-rns;b l,b/ ta Jbtair .r r)ublic Ylay Peri:'rit rrcm tl-e Departnli:nt of
Pubhc y,/rIk:i;rt tlrc Tr.jr...rr t Yail. ulillH locatiens muslle obJained_.belore_d. jSS![g In any p,_r:jlrr- r 9ht.of...,a; orer5e|,ent
',vithin fhl. fo,,,,n if Varl. A hCrldlqS-BguuUg_lpLelCblic Wav,Bg:1gti! and rlusl-b.S_ellsiledl€pArably.
4.-|1r:l.).-'/':!l][e:,:t.:qtlr,:danr,1aqiee-<tDs.t|'nit]1yre\|ln?dt1|JV.Ir;'5
Co m ments
aLlth'ir,zed !;riJn,'lltrfe Cato (rir'rlori; r-rtirirn..,ise ;p,,r'tii;rlly nr,r'o I r,,'thrn ll-.c '.-oo.r?{int
n,r1.e
li ii".r1 ll lt' i')'l i:( F;,r: ? .J l-
s/zy/tr
fre!r:lol)tr s 5r,1r', tr, rre
EGEilVF
TOW[\ OF VAIL
d aJltooooog.,.rN/€gt:9a - Lt/ooiLa eooz tz Ayr{<o3 >zzs.:ggro2.e SNHOHtV:,\-l I S Ls3ftto l{OLl
- :,,,
,'f;l;l U IL.I-TY APPROVAL & VERI FICA'I-IOTI
QWEST
970..168.68€,0(tcl)
970.46e 06 i':l( frx)
Conta."t.j: Sail Tool':y
i qrr.t!=f eqlrylllqlt :S. cqi!
XCEL HTGH PRESSURE GAs
970.262.4076 (tel)
970.458.1401 (far)
Contact: Rich Sisneros
ralsrd.slitrer9-silLcelqoe_!-gL Eo tt
HOLY CROSS ETIERGY
970.9a7.5a71 (tel)
970.9a5.a081 (fax)
Contact: Diana Golis
drro-l':G,hqly_cro-s-r._sqlt
XCEL ErlERGY
970, Z{,2.4038 (fax)
970.7b2 {024 (tel)
ContiicG:
Kit Bog€rt
f ;t$ryn g.sedqxqE_L.Ej{Ejc,Y.!=an'
EAGLE RTVER WATER &
SAilITATIOTI DISTRICT
970.476.7480 (tel)
970.476.4089 (fax)
Contact: Fred "iaslcc
hA:lee@egr+-org
COMCAST CAELE
970.418.82a8 (tel)
970.9,19.9138 (fax)
Contact: Davrd Evans
d4l!cl_.:!a_!l_Q:..,rtr.!c,co!!:aj,Lc!'I]
IoIES-i
DtY,rir'. l),-'r's
(jtJri 1t,1rp
f --rr:,t i CP \'l-,q\,Pr.rrtrl li Plj.r:tn.lt{llJ k)t-1: dlb.,r1;,iri ar., 6-.rtt-.lofl, dj){-
sua div rsio n : M!, Ll a( /{ 4ror*-,,2- &-<7
, fuun694qg
tr-r: 1..\fiit 5af/L5 i(j vc,rtfy th,tt
for ,r1 ;rcv rl ;rrd verrli...rl.iorr- PLEASE ALLOIV UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROIt TllE UIILITY CI'IPANIES. il y,ru arr-'irrrlbl. tc o[]l,r]ir (:Lrnrrror,t5 r^/itllir' th,rt t,mofr,lr't-o pll;r:,.- <r;ntac-t f l)c l(;,!l.t ,jf Vdrl.
Developa'r to Provide Lot Addr.:ss
Lut Address:
Authorized S ionaturs Comments Date
04/, C.€A4-'/*rltcil Coa^4-*a .
lp ftt?rlcf "o fCrL +?C*S
ilAY 2 2 m08
l. If the ut'l:ty rpprov,:l &'ierificrtion form has signatures from each of the utiltty conrpanies, and no com':.rents are made drrecr:y
on the form, or Tro .lction is talief ithirr 2 wccks of the Utilib/'s recoipt c,f the forrq without cxplanation thc Town will Dresurne
thai thete are n'; :'rblenrs and thc devrloDment can orocced.
Z. lf a uil|ty ccrmi)any ltas c-orict]rtts wrth the propc,jed constructron, the util ty represe|tatr/e shall notc u'ire,1ly on the rJtilrty
\'erinciition tiirtn that tlere rs a problcrn whrch needs to be ro:oiled. Thc i5sue should then be lctailed in an aftached letter to the 'Iown of 'JJrl. Ho'tcver, pleast-' kecp in mind that t is the respcrsrbrlifl of ttrc utilty co.npany and the app|cant to resolve
rdentjI ed ;rob'lcms.
3. thrse vilrr|cat on' do rot rellr've the cotfiactor of the respc]rrs biirty tc cbtarn a Public W;;y Pcr,-rit frori the C,epaftrr,cnt of
Puchc v'/.:ks at'.he Tcrur of 1/a'|. Utilitv locations must be obt-ained before dioqano in any public rght-of.,."dy or eeserrent
v,/ith:n tlre T,-,\r n cf vail. A buildino oermit is not a Puhlic.ld_ay_pgrlult_e_Dd-must ic-obtained seJaratelv,
4. -l-. re )evel--!J.lr is '1qu.red and a-qre es to y reviserl drawings to the ut,litics for re approval & i.c.venflc,lticn rF the
strbrlittctj'pl.lr: are allr:r':,1 ized sign,rture da'.e (unlejs othentise specjfic,:liv n?tc,_l with;n ,e ccmrnr:r,r
alr':,r r,if tf r: i,:rnt).
Dlte
PiFE o ,J 15
>/qz/!:i
.a*"
,,.,11#d riu-l-l AppRovAL & v:RtFrcA.iroi.l
ifirfo.rr:ier/(iovetl/i_lii1lttr€lr'-tari.i'r,i.r./ar,ent5!rLl rJt r.i,paai ary C)1,5tin0.), piaptsed LtLllt/si r",i('s, irrJ,rl!ora'
,,'rr.f,'.i: iae iynilnblrt/,lrd lr,.irtion far ncr/ c.strrlrrn ird shauld 1c uscd l:r (or.j!rictirn $nt!, pirptrr.rl vaur utflJ p[ | and
ral-tr.i;r:q i.r5tnlatio:r5. ,i r;iic pLrn. ,l:r-ldjin; gradin,.J pl.rn, flro. plrri, an4 elelatic.s. 5hali fc 5tibnirned tr tle follcJ,rna Lt;'.r.rg
ior appr,r'ral dn4 vrnfi.tb,rn. PLEASE ALLOIV UP rO 2 WTEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY
COtlPAllltS. Ifyou ar! urirb! to oltbii c,itnmerti rirlhih lhai trinrftdnre pl€,Jse contdct Thc T:rYin ol Vdrl.
Devetoper to Provide Loa Addrets fnformaAon:
Lot Address:
QWEST
Auj-grizeq$jgl3lllq CoIlllc_Atr
Subdivision:Lot#:_
-0319
97C.468,6360(lcl)
970.468.0672(lax)
Contaats: Sar- Tccley
=trr]rJlgoLrygqw-egLcoql
XCEL HIGH PRESSURE GAS
970.262.4076 (iel)
970.468.1401. (tur)
Contad; Rich Sisnergs
lcl4dJi5neros(jryqgl glerqf .qaol
HOLY CROSS EIIERGY
970,947.5471 (tel)
q70.sa5.4081 (iax)
Corlact DianJ rSolis
dq..r.!:alD_LElrcloilf-aE
XCEL EHERGY
97C.262.4033 (lar1)
970.262..10?4 (tel)
Contncts:
Kit Bogert
f a$ry&&s€dclcEflFiCl1r.r,i
EAGIE RIVER WATER. &
SANITATIOI{ DISTRICT
970.476.7480 (tei)
970.476.40Ss (fd)]
Conbct Fred haslee
!tr@:lgiEec!r.o-o!q
@MCA T CABLE
970.418.8248 (lcr)
97C.949.-o1:E (fax)
Ccntact: David Evart
d-alid--:!n-ojilraljlcla4l3-d.iar
NOTES:
-btk:G--'r*No CDr.lFLl CT--oF_-.?J)-oa
1 If the utiiily approval & verifiiatio.r iorm hnt sLqnaturcs from each ot tl"e utilif/ con'rpaniesT and no comments ar€ made dire{tly
on thc fom., or no acrcn 15 takerl witliin 2 weekg of the Utilit/'s (cerpt of the form without explanatilr the ib/.n w,il Dresurne
that there are no ,nblems and thc !€vcloprnent can pro:eed.
2, It a Llrriity comh-ny has mnccns ,,vith the profosed construcijcf, the ublit, represent"tNe shall oote dtrecJy on the ublity
vclficatioi torm that thcrc i5 a p.oblem whic!. rei.ds to be resolved. lhc lssue.$ould tl.€n b€ detalled in an attached ;ette. to the
To',vfi Of ,/til- H,)trever, pleage keep In mnd that it is tFe respcns,bitty ot th? utilty cJmp€r:y aM the appliGnt to resclve
dentrffed probkms.
3. Thcse ierifLcatlon5 do rot rdrele the confnCor 6f Uie respcnsjbr ity to obtain a publla trva!/ Pernlt from the Detatnenf of
Publrcl(orkj!ttl'eTolrr,dVail.Utilitvlocatians|nustbeobta,inedbeJojedioqinornarypubli:righti:f.r.rdyrieasrme:
.'rif'rr lN(: To!,./n qf iail. A_budd!O9_!94!!!3net!_Public Wav oennit and rrlu-!i!_!ep!Eir!e-4jCpfE!9&,
dra'./rng5 to the ublite! :or re-a9pro!'al & re-vedficlticn ri the
cignoturc date (Lrnlegs orhc.,!isc spq!lcall/ icied withan ft,e cor:rrrerii
irca cl ii,r! forn:\.
t^a,,( jlo!cr3 j ! r irh IrP ,r,,, \ l/3-
t: r-dc '\ fonf.i l P,. ,!lj Pidnr n_c il,laorr'f i.! . rl i trii _9 -28 2011:.aft P.r,te c :: 15
4. -l e Levcloper is 'nqu,red and allrFcs t _ 9
s.ihn,lned pl.ir! ric a tered ns414ta1
UTILI-TY APPROVAL & TJERIFICAIION
'this lorrn serve!' trj verifu that the profrc,sed impro.,/enrPrlts wlll nDt impact any eristlng or proposed utiilty servictls, and also h)
!criry 5etvicc avaitability rrid lLrcation fol ncv/ co,)5truction and ehoukl be r;sed lrr corrJutrctiort rJith prepdring ytur utility plan arrd
schedrlljnt Installations. A site plan, including gtadhg plan, floor plan, arrd elevati(fns, shall be Subnrltted tLr tht folloh,i'lg Lrtilitiee
for apFroJal arrd venflcation. PLIASE AI.LOW UP TO 2 WEEXS FOR APPROVAL OR COHMETITS FROM THI UTILITY
COMpAi,ltES. If you are urtalllg to obtalrr con)nitjots wlthirr that tlrfteftalne please q)rrtdct -[hc Tov/n 0l Vail.
Developer to Provide Lot Atldretr litlonnatian:
.-, z. r' , .) | tt
LutAddross:,----fl5-- I-OIES-L:ICO- subdivrsron:ffil--V-[UAGZ-tow,iA, SL!.-l
ALrlhorlzed Slqnature Com mentg R9!H
QW€ST
970.{ti8.6860(tel)
970.4 68.0672(fax)
Corttacts: Sam Tooley
si muel. boof ev @ o\Ye{c-Qm
XCEI HIGH PRESSURE GAS
970,262.4076 (tel)
970.{68.1401 (far)
Contact; Rlch Slsneros
nlnar^d.ritnG ros@rcdenergv.conl
HOLY CROSS ENERGY
970.9a7,547r (tel)
970.94s.4081 (Iax)
Conta4: Dlana Golis
dgolis@holvcloss,qqllq
XCEL ENERGY
970.262.4038 (fax)
970.2d2.4024 (tel)
Corrtacts:
Kit Bagert
EAGLE RWTR WATER &
SAilT'ATIOI{ DISTRICT
s70.476.7480 (tel)
970.476.408s (la\)
Contcct: F-red h,aslee
lria:lss@en&5d.sts
COMCA T CAETE
970.118.s2.18 (teD
970.949.9138 (fax)
Contact: Davftl Evans
doyJ$l JvansGcablaco nras-t'ta!]
NOTES:
tJt tin rrtitity approvirl & verification form has signatures from each ol the utlllty companles, and no uomments are made directly
orr the form, or no actlon ls takefi within 2 weeks of the Utility's receipt of the Forln without exPlafiatiun the Tolvn will pletutne
that there are r)o or,rblerns and the development cdn proceed,
2, If a rltility (ompany has concems with the propose.d construltlon, the utility representatlve sh,lll not€ dire-ctly on the ui.ility
veflflcatlon form tlrat therr is a profrfem lvhlch needs to be resolved, 'lhe lssue should the0 be detailed ln an aftached letter to the
Town of Vail. However, please Leep in mhd that rt i5 the responsrbility of the utlllty company and the appllcant to resDlvc
ide tifled problcnrs.
S, These verlRcatlons do not relieve ttre rorthactor of the responsibility to obtaln a Publi( lvay Permit fram the Departmrnt of
public V,rorr** at the l.ov,'n of Vail. Utiliw locattQ.nE.nrust be ghhitredlelarc iiggloo ln any ptlblic right-ot-vray or ersemsnt
wlthin the Town ol Varl. A b,tllClnS-D.efoili$alllublis-lryAln*rutrudtnUtt&.e gbtained sgrplrlslY.
0evclolier's SignaturP
F: \dij4FORi !5,\t].r nt l5\Plann n,,r\.Jld forrns\r1 b,-aJd, tion. -B- 28' 2007.d('c
lat ls
This fr:rnr serves io veflly that the prop3scd improvcnlents uJ|ll ncrt impact any existing or proposecl utility sen"ices, and also to
v,..:r{ry sdviL:e availability arrd tocalion io, ney,, cotistruction and should bc used in conjunctr0n v,/lth preparing your utitrty plarr aBd
rcherlulirig inrtallations. n sitc prir,, inclucrng grading plan, flcor platr, and elevattons, shallbe submitted to the follovring utilittes
for appruJal irnd veriflcation. pirASf nr-r-Otiiup TO 2 WEEKS FOR ApPROVAL OR COMMENTS rROM TllE U]lLfTY
coMpANlES. If you are unabt to obtain comrnents within that trmeframe please contact'rhe To"vn of Vail'
Developer to ProYide Lot Address Information:,
Lot Address:
QWESr
Authorized Siqnature
UTILIT-' APPROVAL & VERIFICATTOFI
Subdivision:
Egroirlrls
r-ot*: 3 *
Date
970.a68.6860(tel)
970.468.0672(faY)
Contacts: Sam Tooley
snirue!!qQtev@s!&*-cel[
XCEL HIGH PRESSURE GAS
970.262.a076 (tel)
970.468.1a01 (fax)
Contact: Rici Sisneros
tichard.slsneros@xcelenerov. com
HOLY CROSS ETIERGY
970.947.5471 (tel)
970.945.4081 (rax)
Contact: Diana Golis
doolis oholvcross.con!
XCEL EHERGY
970,262.a038 (Fax)
970.262.4024 (tel)
Contacts:
Kit Bogert
Kathryn.BooertGtXCELEiLE RGY.com
EAGLE RTVER WATER &
SANTTATION DISTRICT
970.476.7480 (tel)
970.476.4089 (tux)
Contact: Fred l'laslee
fhaslee@erwsll-.org
COMCAST CABLE
970.4 t8.8248 (tel)
970.949.9138 (fax)
Contact: David Evans
5-a0 -OE
david evarrs@grble.c0[!.E45!,cAi0
NOTES:iff th" utilify approval & verification form has signatures from each of the utility conlpanies/ and no comments are made directly
on the form, or no action is taken witlrin 2 weeG of thc utility's receipt of the form without explanation the Town will presume
that there are no pr':blen's and thc dcvclopment can proceed'
,. lf a utillty company has concerns with the proposed constructntr, the utility representative shall note direcuy on the uuiity
veriflcation tc)rm that there rs a problcm urhlch needs to be resolved, The issoe should then be detaiied in an attached letter to the
To*n of Va:t. Ho\,,/ever, ptease keep in mind that it is the responsibiliiy'' of the utility company and the applicant tO resolve
identifreC r,.lblems.
3. Thes, c;incatioris do nct relieve the contractor of the responsibilrty to obtain a Pubtic lvay Permit from the Department of
pubtic wofKs at the t o!,vn of vatl. utilitv locations murEbe-s.hlained-bclsre-discits in any public right-of-way or easenent
vrithin the loyvn of vail. a brildiiil!fiirG noG Public wav permit and must be obtained seDaratelv'
4. The Developer rs required unfi'friGiluUn-rit -any reuiscO drawings to the utilities for re-approval & re-verificati'rT rf the
subrnitted plans are altered in aty.iny alx.tly.atporrzed signature date (unless othenvise specjfically noted within the ccmmeot
area of this lor'tl). ,/ ,/a ,/ //// '/ '/ '//-r ( J/ s-./2.,,/r r
o"""ro#it s'gitoi"te Date
F:\cdcv\FoRI'15',P(l nrte\Planning\,OId forms\dr b.. 3d(Jitron.-8-28- 200 / doc Pa-oe.9 of l5
EGEllVE
,/-\ /) /)|-)@A-_w,a__c
;,-Fi#
Lot Addrerr:
QWEsT
HOLY CNO6S Ef,;RGY
970.9.7.5471 (tel)
970.945..t081 (fil)
conEe Dhnr Gotts
dgol lfi .pXplyctoEs. c(rn
XCtL TilEFCY
970. Z6Z.a0l8 (tux)
9m.252.402{ (tet)
Contacsl
Xlt Eogert
wltl.in tfie Fown of Vail.
areaof thlsr" ,
,/r.
ROVAL & VERIFICANOH
COHPArIES. tf you ere unabk to obtah
Davolopcr tv p,ovldc Lot Actdrxt fnlomptlon
970.{68.6860(tet)
970.{56.0672(far)
Contrds: S6m I ooby
samtd Joolrtroot/yest.com
XCEL HI6H PI'ESSUNE G^S
970.261.1076 (tef)
970.a68.1a01 (hx)
Contact: Rkh Sisnaros
f tchrd,stpcusexcqlnf prqv. carn
Kcbm.EacslCXCEtEMaEY.lam
ET€LE RN'ER WAIER &
SAilITATIOTI DISTRICT
970.176.74|lo (El'
970.4 76. {00s (far)
Contact: Fred Hadee
thaile€6er}/rd. ora
coHc f,fcrtt0
970.4r8.8248 (eD
970.9+9.9138 (far)
Contact: Drvld Evans
dn9d_sydoreisEs,casraS.r.am
x0rf$;
L If the utility approval & vlTlfication torm has
on the liorm, or no actt6 is takEn withh 2 weehs
that ttlene are no problems and tf|e dcvetQment can
2. If a udlty co.npany has concems wffl tfie
yerillc.atbn forrn that Urere is o p|oltef rt v{hth I |Geds
Town ot Vall. tloneyer, plrns. kcep ln rnlnd that
derdlied problcyns.
Developef 's Srgnature
F:\crlw\FoRMs\pe/mts\planntog\Ok fo[ r\(tb
:lI "ill irt impact any exr*rrg of proppred Lr lity s6ry6r5, and atso to bon arU should be usad in conjunrtron ith rreoarrnj youi,nli,ty prnn.n,r
E fJp:{l} lffln:pnl-ry! oe ruumiiiJ ,J,i*lorro*r,nq *uou,2 wEExs FoR Appnovrl on cor.ritrriiiliou"ririilffrrrv within thdt trmerrarne ptease contact Thti fn* Li V"ii
nl
suwrvtsron: Wel. )lOrnlrcffi. 3 2
C.omfnenq Date
Thrs fofm len es lo verrfy that ttte proposcrJ irnp,vqrrry s(\r,/rcc avDll8bhty and locatjon for new cor i€heduling rnsta arlons. A site ptan, fncfurfrng liii l-ol rpprouat and ventlaation. pt_tlSt fftOrv-Up
iQU4t' -ii'. ,."111.
3. Thc5e verillcdtlong do not retieve the contrador of rcspontlblllty to obtaln a public Way fiom tlre Departnrent of hrblic Works at thc To$rn d Va{.In any dght{f-y.ay or easement
4, The Devaloper is rsqrdfcd arrl agrees to submit
submittcd plans afe altefcd in irny wry
Ddte
Paae 9 ol r5
r/il's
hom each of tll€ utlity companles, rid no comrrents rre made dlr€ctly utihtyt receipt of the brm wnfiout ikplanadon drc Tovrn wlll gesumi
d cmstructlon/ tfre ut'llty r€presenEttul shrll note dlrectly on the uillhv
be resoh,€d, The lssue should then t€ detall€d In an attEched l€ftef to tne is tlte responsibihty ot the utiirty company lnct thc applicrot to rlsolve
re\rised drawlngs to the utihbes for re-aplroval & reveriticrtion tho
tzed signoturc date (unless otherwise sp€tlflcaltv noted withtn the cammen(
8-78-ZUJ7.tu
,-t'/:4:r
** + + * + * * * ***{r+**l***{.*** * ***++++++*t*t+*a****** * *** * ******* ****+*f**+***+tt**t**tt****i*t***
TOWNOFVAIL, COLORADO Statement
+** * ***** ** * * * + * * * * * * * ** * * * * * f f + ++ * * * * * * * * * ** **** *****f+* * ***********+***+t+r+++ttt++if+++t+
Statement Nurnber: R080000850 Amount: $20.00 oG/02/2OOSO4:03 pM
Pa)ment Method: Check
COMFORT
Inj-t: afIJE
Notation: 043243 l{A)CfMt,!|
Permit No:
Parcel No:
Sit.e Addreee :
L,ocation:
This Payment:
DRBo8 0184 T)4)e: DRB -Minor Alt, SF:R/DUP
2LOL- 07 L- L305 -2
95 FOREST RD VATIJ
TotsaI Feeg:
TOTA1 AIJIJ PMIA :
Balance:
$20.00
920.00
$0.00
$20.00
* * * * * * *****t|t*t.|+*f,tl***************tt+*+t**i*+*f * +* t {' * * * 't***+t+f *+f f,+**:}*t:tt++'}tlltttt{"t{t*l't
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
DR 00100003LL2200 DESIGN REVIEW FEES 20.00
,I Darc: I lrf /07
l
,--_-...+--
zoNri CHECI(
Lcgal dcscription:Lot 3? _Block ? Fittng Va:t \J;lldaz Il Addrcss
Architrct
Zonc disnct__ll,uv
Lot sizc o. SSZt
Total CRF.{
ttDf t16 + t ilT?.
Allorvcd
=._ZL?2_
Printary CRFA ---------T-f{7t#*"f+\ = ,.,4 vLr) \vtr ) -_--_ELd__
Proposcd usc :f ruf l[q,r l{+t"U Brrildablc arca
Phonc
Phonc
Yx;ttt\
C
N u,t ) = ?,o?l Sccondary CRFA
Existing Proposcr[
'/,Qrr + zt/'6L
q,9E +
O-!
= q,q6
z,/"aL = .__Z_(tL__
+ @ = 'ti.r?
'..t/----
o'6ar"6+(skt7!,pa) Lo f o
59 \2L
Pc"?.,{+'[!$6'' 96 7-t
r #e_
__J
Total
7 <2?
R cm aining
loL
&
I _--+-
on
Sitc Covcragc
Hcight
Sctbacks
L:ndsc.aping
vnc,1. gt{s diSt,,- bcrnr-
Rctain in g \\/all Hciglrts
t/, g/3
(30x33)
Fron t
Sidcs
Rcar
20. /
.15'
t5'
/q. q./o lC,szt(
3,/6'
Prrling sez.^4yy . o^L.1
Caragc Crcdit
,,.\:unvc\vay $alc4 )
Conrplics rvitb TOV Ligtrring Oriinon..
i
Arc finishcd cradcs lcss than 2:l i50%)
Enr.ironm cn tal,4Iazarrts
{ L Encloscd
l) Pcrccnt Slopc (< >30%)
2) Floodplain
3) \\rctlands
4) Watcr Course Sctback (j0) (j0) V4.5) Gcologic Hazards
a) Snorv AvaJarchc
b) Rocldall
c) Dcbris Florv
ircd
4@ reool (900).(1200) . ?a k *u,u r^*t,,./ex,s/,"e)
\ p.i *zrry ,..-,1 f - I
rcrrruncd Slopc /L % proposcd Slopc _ tL oa
'/Ycs t/ Nn
Ycs y' No
lepaaira'.. CeLvcJ { a1g otteJ
Sez DQB6{ - otoq
(,'rl c t
o o
:!G rl F €-
t5
G o
o (,
G
9 G lrl F x rl
': ^, il ttt ,' {
,t l.
a
1r;
\,;
; , ,_L;
-9 F
(t
o
I
=F L x ul
i
I
I
Land Title Guarantee Com
CUSTONIER DISTRI BUTION
Tith
:e: 05-23-2008
rnertv Address:
PARCEL A, VAIL VILLAGE FIRST FILING, RESUB OF LOT 32, BLOCK 7, AK{95
ROAD VAIL, CO 81657
lf you ltuve an!" inquiries rtr require fuftlrcr o.\si.\tonrc, pleo.\? (onte one of lhe tunthers
FOREST
EEiEIV.Etf - *- \l
l4AY 2? 2008 il ll
t:J cJAn,{\Il t couP
Date: 0i
hoperty
SONNENALP REAL ESTATE *TMX*
2.I2 E MEADOW DR #D
vAtL, co 81657
Attn; JONI WHITE TAYLOR
Phone: 970-477-5300
Fax: 970-477-5301
Copics: I
EMail: joniwt@flol.c()m
Scnt Via US Postll Scrvice
JACK & KAREN RYAN
I3 WISTERIA LANE
covtNcToN. LA 70433
EMail: jryan@ryanlbrcstproducts.com
Scnt Via EMail
CHRISTOPHER & KENDALL
225 WALL ST #200
vAtL. co 81657
AttnI ROCKYCHRISTOPHER
Phone. 970-476-199Q
Fax: 97O-476-7994
EMail : rchristopher@shristophcr-kcndall.com
Linkcd Conmitment Delivery
EDWARD PITKIN
I09II BRIGANTINE DR.
INDIANAPOLIS. IN 46256
Phonc: 317-8.19-514?
EMail ; epitkin@ulrichchem.c0m
Linked Commitment Delivery
LAND TITLE GUARANTEE CO]!IPANY
I08 S FRONTAGE RD W #203
VAIL. CO 61657
Attn: Aintec Duponr
Phonc: 970-,176-2251
Fax: 970-,176-153.1
ENI til : adupont@ltr.tc.cont
SPERBERG P.C.
PO BOX 3420
AVON. CO 81620
Attn: ERIN J. JOHNSON
Phone:970-5-15-0200
Frx: 970-845 -7339
EiUail : ejohnson@colonrtnlaw. cr)m
Linkcd Cornrnilmcnt Del iverv
For Closing Assistance:
Ailrree Dupont
108 s TRoNTAGE RD W /203
vAtL, co 81657
Phonez 970-177-4529
Fsxz 877-26E-4366
ENlail: adupont@ltgc.conr
For Title Assislance:
Vail Title Dept.
108 S FRONTAGE RD lV #203
VAIL, CO 81657
Phone: 970-476-2251
Faxr 97O-476-4712
06 29.07 DVW$ots+
'T -\
7
Land Tltle
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Date: 05-23-2008
Property Address:
PARCEL A, VAIL VILLAGE FIRST FILING, RESUB OF
7, AKA 95 FOREST ROAD VAIL, CO 81657
Our Order Number: V500l9l0l -9
LOT 32, BLOCK
SONNENALP REAL ESTATE STMX*
242 E MEADOW DR #D
VAIL. CO 81657
ANn: TYRA RUDRUD
Phone: 970-477-5300
Fax: 970-+77-5301
Copies: I
EMail : tyra@srevail.cQm
Sent Via US Postnl Servic€
SONNENALP REAL ESTATE
242 E MEADOW DR #D
VAIL. CO 81657
ATtn: MICHELE GARNER
Phone: 970-4?7-5300
Fax: 970-477-5301
EMail: michele@srevail.com
Scnt Via EMail
06.29.07 D!!r!zpy.o,s/;orr)
I
-Land Title
Land Title Guarantee Company
Property Address:
PARCEL A. VAIL VILLAGE FIRST FILING, RESUB OF
ROAD VAIL, CO 8I657
Buyer/Borrower:
EDWARD M. PITKIN AND JUDITH A. PITKIN
Date: 05-23-2008
Our Order Number: V500l9l0l -9
LOT 32, BLOCK 7, AKA 95 FOREST
Seller/Owner:
FOREST ROAD PROPERTIES LLC. A COLORADO LIMITED LIABILITY COtvIPANY
Wire Information:
Bank: FIRSTBANK OF COLORADO
IO4O3 W COLFAX AVENUE
LAKEWOOD, CO 8O2IS
Phone: 303-237-5000
CTCdit: I,AND TITLE GUAMNTEE COMPANY
ABA No.: 107N5047
Account: 2160521825
Attention: Ainee Dupont
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for directions to anv of our 5{ ofTice locations.
ESTIMATE OF TITLE FEES
ALTA Orvners Policy 10-17-92 (Reissue Rate)
Deleti<ln of Exceptions 1-3 (Owner)
Dcletion of General Exception 4 (Owner)
Tax Report R008380
$77,07s .00
$30 .00
i70.00
$2s .00
If Latd Titla sua.raj:tec co pa^y vl77 bc cTosiAg Ehis ttansac tio'j,zbova fccg ti77 ba coTf.cted at th:t ti!r6.
TOTAL $77,740.00
toB CONTICT 0 6,/04 THANK YOU FOR YOUR ORDER!
Chicago Title lnsurance Contpany
ALTA COMMITMENT
Schedule A
Our Order No. V50019101-9
Cust. Ref.:
hoperty Address:
PARCEL A, VAIL VILLAGE FIRST FILING, RESUB OF LOT 32, BLOCK 7, AKA 95 FOREST
ROAD VAIL, CO 81657
1. Effective Date: April 20, 2007 at 5:00 P.M.
2. Policy lo tre Issued, and Proposed lnsured:
"ALTA" Owner's Policy 10-17-92
Proposed lnsured:
EDWARD M. PITKIN AND JUDITH A. PITKIN
$12.000,000.00
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:
FOREST ROAD PROPERTIES LLC, A COLORADO LIIV{ITED LIABILITY COMPANY
5. The Land referred to in this Cornmitment is described as follows:
PARCEL A. VAIL VILLAGE FIRST FILING, A RESUBDIVISION OF LOT 32, BLOCK 7.
ACCORDING TO THE PLAT RECORDED JUNE 27,2007 UNDER RECEPTION NO. 2007I7266,
COUNTY OF EAGLE. STATE OF COLORADO.
ALTA COMMITMENT
SchcduleB-Scctionl
(Requirements) Our Order No. V500l9l0l-9
The following are the requirements to be complied with:
Itent (a) Payntertt to or litr the account of the grantors or nrortgagors of the full corrsideratiun tbr the estate or
irrterest to be insured.
Item (b) Proper instrunrent(s) crcating the estate or interest to be insured must be execured and duly tiled firr record,
to-wit:
Item (c) Payntent of all taxes, charges or assessments lcvied and assessed against the subject premises which are due
and payable.
Item (d) Additiorul requirements, if any disclosed below:
I. RESUBDIVISION PLAT TO BE RECORDED IN THE EAGLE COUNTY RECORDS.
2. LAND TITLE GUARANTEE COMPANY HAS RECEIVED AN IMPROVEMENT LOCATION
CERTIFICATE/SURVEY FOR THE SUB]ECT PROPERTY PREPARED BY EAGLE VALLEY
SURVEYING. INC., JOB NO. 802, DATED SEPTEMBER 03. 1998, THAT IS
ACCEPTABLE TO THE COMPANY. **+ IN ADDITION, A SURVEY AFFIDAVIT, EXECUTED
BY FOREST ROAD PROPERTIES LLC, A COLORADO LIMITED LIABILITY COMPANY, IS
NECESSARY INDICATING THAT THERE HAVE BEEN NO NEW IMPROVEMENTS. EASEMENTS
OR BOUNDARY CHANGES SINCE THE DATE OF SAID IMPROVEMENT LOCATION
CERTIFICATE/SURVEY AND THAT THE IIVIPROVEMENTS SHOWN ON SAID IMPROVEMENT
LOCATION CERTIFICATE/SURVEY HAVE NOT BEEN ALTERED SINCE THE DATE OF SAID
IMPROVEIVIENT LOCATION CERTIFJCATE. *+*
3. (ITEM INTENTIONALLY DELETED)
4. (ITEM INTENTIONALLY DELETED)
NOTE: THE OPERATING AGREEIVIENT FOR FOREST ROAD PROPERTIES LLC, A COLORADO
LIMITED LIABILITY COIVIPANY DISCLOSES JOHN ALEXANDER RYAN. JR. ivIANAGER THAT
MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY,
5. EVIDENCE SATISFACTORY TO THE COTVIPANY THAT THE TERMS. CONDITIONS AND
PROVISIONS OF TIIE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
6. RELEASE OF DEED OF TRUST FRON,I JOHN ALEXANDER RYAN. JR. AND KAREN SCHROEDER
RYAN TO THE PI.JBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COUNTRYWIDE HOIV'E
LOANS TO SECURtl THE SUNI OF $6.200.000.00.
ALTA COMMITMENT
SchcduleB-SectionI
(Re<luiremenls)Our Order No. V5001 9 l0l -9
Continued:
NOTE: RECORDING tNFORIvIATION TO FOLLOW.
NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT.
7. WARRA,NTY DEED FROM JOHN ALEXANDER RYAN, JR. AND KAREN SCHROEDER RYAN TO
FOREST ROAD PROPERTIES LLC, A COLORADO LINIITED LIABILITY COMPANY CONVEYING
SUBJECT PROPERTY.
8. WARRANTY DEED FRO]VI FOREST ROAD PROPERTIES LLC. A COLORADO LIMITED LIABILITY
COIvIPANY TO EDWARD fvI. PITKIN AND JUDITH A. PITKIN CONVEYING SUBJECT
PROPERTY.
THE FOLLOwING DELETIONS/IvIODIFICATIONS ARE FOR THE OWNER'S POLICY.
NOTE: ITEMS I.3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED'
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN
AFFIDAVIT. lTElv{ NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS
FOLLOWS:
ITEIVI NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
LIENS RESULTING FROlvl WORK OR IVIATERIAL FURNTSHED AT THE REQUEST OF FOREST
ROAD PROPERTIES LLC. A COLORADO LIMITED LIABILITY CON{PANT'
CHICAGO TITLE INSURANCE COIV1PANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF EDWARD N4. PITKIN
AND JUDITH A, PITKIN.
NOTE: ITE]VI 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE
GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEIVIPLATED TRANSACTION(S)
AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYN{ENT OF ALL TAXES. ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSNIENTS FOR CURRENT AND SUBSEQUENT TAX YEARS.
ITE]II 7 UNDER SCHEDULE B-] WILL BE DELETED UPON PROOF THAT THE WATER AND
SEWER CHARGES ARE PAID UP TO DATE.
ALTA COMIvIITIvIENT
Schedule B - Scction 2
(Exceptions) Our Order No. V50019101-9
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
l. Rights or clainrs of parties irr possession not shown by thc public records.
2. Easenrents, or claims of easements, not sl.town by the public records.
3. Discrepancies, contlicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the prernises would disclosc and which are uot shown by the public records.
4. Any lien, or right to a lien, fbr services, labor or rruterial theretofbre or hereatier furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, tirst appearing in the public records or
attaching subsequent to the etfective date hercof but prior to the date the proposed insured acquires of record fbr
value the estate or interest or mortgage thereon covered by this Conrmitment.
6' Taxes or special assessmenLs which are not shown as existing liens by the public records.
7 . Liens for unpaid water and sewer charges, if any.
8. In addition, the owner's policy witl be subject to the mortgage, if any, noted in Section I of Schedule B hercof.
9. R]GHT OF PROPzuETOR 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 SEPTEMBER 04.1923. tN BOOK
93 AT PAGE 98.
IO. zuGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04.
1923, IN BOOK 93 AT PAGE 98.
I I , RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS. tF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION. FAMILIAL STATUS, ]\,IARITAL STATUS.
DISABILITY. HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOJVIE. AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SA]D COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED AUGUST IO, 1962, IN BOOK I74 AT PAGE I79.
12. EASEIVIENTS. CONDITIONS, COVENANTS. RESTRICTIONS, RESERVATIONS AND NOTES ON
THE RECORDED PLAT OF VAIL VILLAGE FIRST FILING.
ALTA COMMITMENT
SchedulcB-Section2
@xceptions) Our Order No. V500l9l0l-9
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
I3. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF VAIL VILLAGE FIRST FILING, A RESUBDIV]SION OF LOT 32, BLOCK 7,
RECORDED JUNE 27. 2OO7 UNDER RECEPTION NO. 2007I7266,
14. THE EFFECT OF ASPHALT PARKING, STAIRS AND RETAINING WALL ONTO FOREST ROAD
AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED SEPTEMBER 3, I998 BY
EAGLE VALLEY SURVEYING. INC.. JOB #802.
I5. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS. CONDITIONS,
EASEMENTS AND RESERVATIONS RECORDED UNDER RECEPTION NO.
I6. TERMS, CONDITIONS AND PROVISIONS OF DRAINAGE EASEMENT RECORDED
UNDER RECEPTION NO.
LAND TITLE GUARANTEE CONIPANY and LAND TITLE GUARANTEE COI\TPANY. GRAND JUNCTION
DISCLOSURE STATENI ENTS
Notc: Pursu nt to CRS l0-l l-122. notice is hercby givcn that:
A; The subjeet real property nray be located in a special taxing district.
B) A Certitlcate of Taxcs Due listing each taxing jurisdiction nray bc obtaincd tionr the County
Treasurer's authorizcd agellt.
C) The intirrnration regarding special districts and the boundaries of suclr districts rnay be obtained frorn
the Bourd of County Comnrissioners. tlre County Clerk and Recrlrder, or thc Couuty Assessor.
Note: Eft'ective Septenrber 1, 1997 , CRS 30-10-406 requircs that all docunrents rcceived fbr recording or tiling
in the clerk and recorder's otlice shall contain a top nurgin of at lcast one inch and a lcti, right and bottonl
nrargin of at. least one half of an inch. Thc clerk and recorder uray rcfuse to record or tile any docunrent that
docs not contbrnl, cxccpt that, the requirenrent tor the top nurgin shall not apply to docunrcnts using tirrms
on which space is provided firr recording or tiling infbrrrurtion at the top nurgin of the docunrent.
Note: C-olorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible fbr all matters which appear of record prior to the time of recording
whenever the titlc entity conducts the closing and is responsible firr recording or filing of legal
documents rcsulting frorn the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible fbr recording the
legal docunrents fiom the transaction, exception number 5 will not appear on the Owncr's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection frlr the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B. Section 2 of the Conunitment fiorn the Owner's Policy t<r be
issued) upon compliance with the firllowing conditions:
A) The land described in Schedule A of this commitment nrust be a single tamily residence which
includes a condonrinium or torvuhouse unit.
B) No labor or materials have been furnished by mechanics or material-men fbr purposes of
construction on the land described in Schedule A of this Commitnrent within the past 6 nronths.
C) The Cornpany must receive an appropriate aftidavit indenuritying the Conrpany against un-tiled
nrcchanic's and matcrial-nrcn's liens.
D) The Conrpany nrust receive paynrent of the appropriate premiurrr.
E) If thcre has been !:onstructir)n, inlprovcrrrcnts or nujor repairs undertaken on the propcrty to bc purchascd
within six nlonths prior to the Date of dre Conrmitrncnt, the requirernents to obtain c()verage
tbr unrecorded liens will include: disclosure of certain construction infbnrution; financial intbrnution
as to the seller, the builder:rnd or the contractor; paynrent of dre appropriate premiunr fully
cxecutcd Indemnity Agreenrents satisfactr)ry to thc c()nrpany, and, any additional requircnlents
as nray be nccessary atier arr cxamination of the afirrcsaid infilrnration by the Crrmpany.
No coverale will be given under any circunutances tirr labor or ruaterial tbr rllrich the insured
has contractcd fbr or agreed to pay.
Note: Pursu nt to CRS l0-11-123. notice is hercby given:
This notiee applies to orvrter's policy cournritrnerrts containing a nrineral se!cranee instrurncnt
cxception. or cxccptions, in Schcdule B, Sectiorr l.
A) That there is recordcd cvidence that a nrineral estatc has becn sevcred, lelscd, or othcrrvise
conveved fronr the surtacc estate and that there is a substarnial likclihood tlrat a third party
holds sonte or all irtterest in oil. ,sas. other ruinerals. or geothcnurl energ;, in the propertyl and
B) That suuh urineral cstate rnay include the right to cuter rnd usc thc propcrty rvithout thc
surlirec trrvr rer's perrttissio rt.
Notltiug lrerein corttaincd rvill be dcerned to ubligate the eonrpany to provide lny of the covcrages
retcrred to hcrein unless the above couditirrns arc fullv sltistied.
Form D I ScLOSURE 09/01/02
NOTICE OF PRIVACY POLICY
Fidelity National Financial Group of Companies / Chicago Title lnsurance Company
Security Union Title Insurance Company
July I, 2001
We recounizc arrd respect the orivauv cxDcutations of todav's consunlers and the requiretner)ts ()f applicable ttdcral irnd
srare oriiauv llws. We believi that rirakiitr vou awarc of tir)w wc usc \'(rur uorr-public persr)nal infirirtutiort { ''Persoltal
lrrtorinatiori'). and rrr uhonr ir is disckrseil. 'will tirnrr the basis lirr a ri:latiortshiit of tnist betueett us arld lhc publie
rhat we serve. This Privaey Starernenr prorjidcs that cxplarration. We reserve thi right tu cltangc this Privael '
Statcnrcnt fionr tirrr to tinlc consistcnt rvith applicablc privaey larvs.
In the course of our business, we may collect Personal lnformation about _you from the following sources:
* Frorn aDDlications or other tirrrrrs wc rcceivc tionl vou or vour authorizcd rcpresentative;+ From yirlr rransactions with, or tiom the scrvices 6eing plrt'ornred by, us, our atliliates, or othersi
'l Frour our internet wcb sitcs;* From the public records maintained by governmenul entities that we either obtain directly front those
entities. o; fronr our atliliates or otheisiand * Front consunlcr rrr other reporting agettcies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We nrainuirr ohvsical. elcctronic and orocedural sattcuards to Drotcct y()ur Pcrsonal Inforntation front unauthorized
access or intrusiilr. We lirnir access rd the Personal Iirfornratioir onlv ti) thosc entployees wlto need sueh aeccss itt
connection with providing products or services to you or for other li:gitinute busineis purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We nuy share your Personal lnforrnation with our affiliates, such as insurance conrpanies, agents, and other real
estate settlenle;t service providers. We also may disclose your Personal lntbrrrutitrn:
+ ro a[ents. brokers or rcDresentatives to Drovide vou with services you have requested;* to th'ird-party corrtractois or service providers who provide servicds or perfbrni marketing or other
functions rlrr our behalf: and * t<-r others with rvhom we entcr into joint nurketing agreements tirr products or services that we believe you
nuy find of interest.
In additiorr. we will disckrse your Personal Infornution when lou direet or give us pernrissiott. when rve are required
bv law to do so. or rvhen we'-susocet tiaudulent or crinrinal aciivitics. Wc al-so nuv diselttsc vrtur Persotul
lritirrrrration when otherwise perinirtcd by applicable privley laws sueh as..tor exainple, whch disckrsure is needcd
tr) cntorec our flgllts anslng uut r)l any agrecrncnt. transactron or rclatr()nsllrp wrul you.
One of thc iurportant responsibilities of soure of our aftr liated.conrpanies is to record docurllcrlts in the public
drrrruin. Such'docurncrtti nlay colltain your Personal Infbrnuuon.
Right to Access Your p".ronot Information and Abilit-v to Correct Errors Or Request Changes Or Deletion
Cenain states atlbrd vou the richt to access your Personal lnfbnrution ard. under certain circumstanccs, to iind out
ru whonr vour Persoial [nfirrnrltion has beeir disclosed. Also. certain states aflirrd vou thc rit:ht to rcqucst
eorrce tiori, anrerrdruerrt or deletion rrf yrrur Pcrsrrrul Inlirrrnatiorr. We rcsene thc ri!ht, wheri pcrrrrirtid by law, to
charge a r6asonable tec to cover the crists ineurred in resprrnding to such requests. -
All requesrs subnritted to the Fidelity Natiorul Financial Group ot Corrrpanics, Chicago Title lrtsurance Cotttpartv
slrall bi irr rvritirru. artd delivcred toihc tbllouinu addrcss:
irivacv Cornoliartcc oftle er
Fidelity National Financial, Itrc.
4050 Callc Real, Suire 210
Santa Barbara. CA 931l0
SI ultiple Protlucts or Services
lf ric pr|ridc v('u $ ith r)rore t.llrrr 0rrc lirrlrre i:rl produet or scrviee. 1r'u rrHl rcceive lrx)rc IhJrt rrtrc privaey ltoticc
lrrtrrr is. \\'e ail,rlogize Iirr lrry irteo ttvctriencc tlt'is nray ulrusc vou.
Form PRIV.PoL.CHI
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC., ,,\ COLORADO CORPORATION
AND
NIERIDIAN LAND TITLE. L.L.C., A COLORADO LIIvIITED LIABLITY COMPANY, DiBlA
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
This Statenrcnt is provided to you as a sustouler of Land Title Guaratttee Compatty. a Colorado corporatiolt and
fvleridian land Title, LLC, dibi a Land Titlc Guarantee Cotttpauy - Grand Junctiolt.
Wc want you to knorv dtat wc recogrrize and respect your privacy cxpcctations atrd the requiretttents of f'ederal
and state privaey laws. ltrfornration security is one of rrur highest priorities. We recogt ze that nuintaining your
trust and contldence is the bedrock of our business. We rtuintain and regularly review internal atld external
sattguards against uruuthorized access to non-public personal itttbrnution ("Personal Infbrmation";.
In the course of our busirtess. we may collect Personal Intbrmation about you tionl:
* applications or other tbrnLs we receive tiom you, including comrnunications scr)t through TMX, our
web-based transaction managenlent systetni * your transactions witlr, or liom the services being pertbrmed by, us, our attlliates. or others;
* a consurner reporting agency, if such inlbrmation is provided to us in connestion with your transaction;
and * the public records maintained by govemmental entities that we cither obtain directly from those entities,
or from our afliliatcs and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Intornution are as
follows:* We restrict access to all Personal lntbrmation about you to those employees who need to know that
intbrnution iu order to provide producls and senices to you.
* We maintain physicat, electronic and procedural sat'eguards that cornply with t'ederal standards to
protect your Personal lntbrmation from unauthorized access or intrusion.* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
actlon.* We regularly access security standards and procedurcs to protcct again-st unauthorized acccss to Personal
Intbrnration.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Coltsistent with applicable privacy larvs, there are sonre situations in which Personal lnfbrnution nuy be
discloscd. We nuy disclose your Personal [ntbrmation when you direct or give us pernrission; whcn rve are
required by law to do so, tilr example, if we are served a subpocna: or rvhen we suspect fraudulent or
crirninal aetivities. We also nray disclose your Personal Inturnution uhen otherwise permitted by applicable
privacy laws such as, tbr exarnple, wherr disclosure is needed to cnfirrce our rights arising out of any agreentent,
trausaction or relationship with you.
Our policy regarding dispute resolution is as tbllows. Any controversy or claint arising out of or relating to our
privacy policy. or thu breach thereof, shall be settlcd by arbitration in accordance with the rulcs of the Antericalt
Arbitration Association, and judgment upon tlie award rendered by dre arbitrator(s) nray be etttered itt ally court
havins iurisdiction tltercrt f.
Form PRIV.PoL-LTG.l
CHICAGO TITTE INSURANCE COMPANY
COMN{ITMENT FOR TITLE INSURANCE
CHtCAG0 TITIE INSURANIE C0MPANY, a corporalion of Miss0uri, herein called the C0mpany f0r a valuabls considerali0n, herebY c0mmrls t0 issue its policY or p0lic.res of lille
insurance,asidenlifi€dinschedu|eA.in|avoroltheproposed|nsurednamedinSchedu|eA,aso'ner0inod0agee0ft
r€terred l0 in Sch€dule A, upon p0yment of the pnmiums and chargss iherefor; allsubject to lhe provisions ol Schedule A and I and t0 lhe C0nditioins and Slipulations heleol.
Thas Commitment shallbe eflective only when the identity of lhe proposed Insured and the amount of the policy 0l p0lici€s committed f0r have been inserted in Schedule A hereol
by the C0mpany, either al th€ tine of the issuance 0t this Commilment 0r bY subsequent endorsement
the Compa0y. This C0mmitmenl shall nol be valid ot bindin0 untilc0untersi0ned hy an aulhodzed ollicer or agenl.
lN WITNESS WHERE0F, the Company has caused this C0mmitm€nl l0 bs ligned and ssalsd, t0 becoms valid when count€rsi00ed by an authorized 0flicer or a0ent 0l ths
Company, all in accordaoce with its By.Laws. This Commitment is ellective as of lhe dats shown in Schedule A as "Effective 0ate.'
CONt}IIIONS ANt) STIPUTAIIONS
l. The t€m 'morl!age," when used harein, shall include deed of trust, trusl deed, or otier security inslrumenl.
2-lttheprop0sed|nsUredhasoracquitesactua|know|edgeofanydetect.|ien,rncUmh|ance,advetseclai0rotherma
covered by this Commitm€nt 0lh6r than th0s0 shown in Schedule B hereol, and shallfail lo disclos€ such knowlodge to th€ CompanY in wtiting. the Company shall be rclieved
from liability for any loss or damago resullin! lrDm any act of reliancr hereDn to the srlent the Company is preludiced by failure to s0 disclos0 such ln0\.Yledgo. lf lhe proDos0d
Insured shall disclose such lnowledge t0 the C0mpany, or if the Company 0iherwiss acquins actualkn0wled0e 0t any such defecl, lien encumblancs, adverse clain 0r 0lher
matter,th€c0mpanYatits0pti00mayamendschrdu|eB0'thisc0mnilmentaccordin0|y,butsUchanendmenlshallnolre|i€vethec0npanYl1om|iabi|ityprevious\incued
pursua0l lo paragraph 3 ol these Conditions and Slipulalions.
3. Liability 0f the Company under this 6ommitmenl shall be 0nly to the named proposed Insund and such parties included under lhe defioitiol ot the Insured in the fom of policy or
p0|icisscommilted'orandon|yloractua||ossincunedinre|ianceheteoninundenalinging00dfaith(altocomp|ywiththe.rqUiIrmenlsheoi,
shown in Schedule 8, or lc) t0 acquirs of creals the estate 0r inlersst 0r m0rlgage thsrson c0vered by this Commitmsnt. In no event shall such liability erceed lhs amounl
stated in Schedule A for the p0licy 0r poliDies committed f0r and such liabilily is subiect l0 the insuring pr0visions, the Exclusions ftom Coverage and the C0nditions and
Stipulations 0l lhe lorm of p0licy 0r policies rommi ed f0r in lavo, of the proposed lnsured !/hich afe hereby i0corporalEd by reference and aro made a part 0f this Commitmont
ercept as erpressly m0diliad herein.
4. Any claim ol loss or damag€, whether 0r n0t bas8d 0n neoligence, which ari$€s out of the slalus of the title l0 the estate 0I inlerest or lhe lien 0f lh8 insured mortga0e covered
herrby or any action assertin0 s!ch claim, shallbe restrictBd t0 lhe provisions and Coodilions and Stipulalions of this Commilm€nt.
CHICAGO TITLE INSURANCE COMPANY
lssued by:
LAND TITLE GUARANTEE CO]VIPANY
3O]3 EAST FIRST AVENUE
SUITE 600
PO BOX 5410 (80217)
DENVER. CO 80]I7
/l
(Vmt tu{)a.L
Presidenl
-,J ..1 7,, ,z ///._/cwv (_. %
/ Secretary
luU Eh .6)-u-t-u',,,
c c.c Hl
Authorized 0llicer or A0enl
Reporl Date: 0510712007 10:38AM EAGLE COUNTY TREASURER
CERTIFICATE OF TAXES DUE
Page:1
CERT #: 2830
SCHEDULE NO: ROO838O
ASSESSED TO:
RYAN. JOHN ALEXANDER, JR & KAREN
SCHROEDER -JT
ORDER NO: 50019101
VENDOR NO: 105
LAND TITLE
ATTN:
PO BOX 357
vAtL, co 81657 13 WISTERIA LN
COVINGTON, LA 70433
LEGAL DESCRIPTION:
SUB:VAIL VILLAGE FILING 1 BLK:7 LOT:32 BK-0181 PG-0375
SITUS ADD:
BK-0251 PG-0006 GWD 12-20-76
OOOO95 FOREST RD VAIL AREA PARGEL:2101071 '13003
TN(YEAR CHARGE
2006 TAX
TOTAL TAXES
TA)(AMOUNT
34,125.12
INTEREST
0.00
PAID
17,062.56
TOTAL DUE
17,062.56
17,062.56
FEES
0.00
CUNO TOTAL DUE GOOD THROUGH O5IO7I2OO7 17,062.56
OR-IC|I''AL TAXBLLIh'G FOR 2006 TAJ( DISTRICT SC103 -vArL (TOWN)
Amount Values
5,844.41 LAND
2.748.58 IMPS
15,850.56 151.97 TOTAL
2,260.34
3,231.31
1,585.06
0.00
309.45
763.99
1,379.45
AuthorltY
EAGLE COUNTY, OO1 - 011
coLo MTN COLLEGE (CMC), 012
RE50J SCHOOL DIST, 015 - 018
CO RIVER WATER CONSERVATION,0T6
VAIL PARK & RECREATION DIST,058
TOWN OF VAIL,036
ERW & SAN DIST WATER SUBDIST, 085
EAGLE COUNTY CONSERV. DIST,O9O
MINTURN CEMETERY DISTRICT, 043
EAGLE RIVER WATER & SAN., 069
EAGLE CTY HEALTH SERVICE, 096
TMES FOR 2006
Mill Levy
8.499
3.997
23.050
o.221'
3-287
4.699
2.305
0.000
0.450
1 .111
2.006
Actual Assessed
3.300.000 262,680
5,338,980 424,980
8,638,980 687,660
49.625'34,125.12
FEE FOR THIS CERTIFICATE lu'uu
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
ON_TO AOVINTTSING AND OISTi'NiWNNNNTT rCES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
coNTAcrED pRroR To REMrrrnr.iCe lrreC rxe FoLLowrNG DATES: pERSoNAL pRopERTy AND MOBTLE HoMEs - SEPTEMBER L
REAL pRopERTy - sEpTEMBER i. -- inx trer ulL neoruprtor AMouNTs Musr BE PAID BY cAsH oR cAsHlERs cHEcK.
SPECIAL TMING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COUT.,|TSSTOHEnS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR'
This certificate does not include land or improvements assessed under a separate account number, personal property taxes'
transter tax or misc. tax mltected on behalf of other entities, special or local improvement dislict assessments or
rnobile homes. unless specifically mentioned
l, the undersigned, do hereby certify that the entire amounl of taxes due upon the above described pa-rcels of real property and all
outstanding s-ales ior unpaid'taxes ls shown by the records in my oflice from which the same may still be redeemed with the amount
required tor redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 07th day of May' 2007'
TREASURER,
P.O. Box 479
Eagle, CO 8't631-0479
(970) 3284860
EAGLE COUNTY, KAREN SHEAFFER, BY:
14.^-{ '/t^'4/'-
ffr'"8 {i'*;;I -'. .'^ |
trc;ad
SUMAN
ARCHIIEGT
TRANSMITTAT
Dote:
To:
From:
Project:
Subject:
Enclosed:
1111412005
BillGibson
Town of Voil
(e7o> 47e.2173
MichoelSumon AIA
Ryon Residence, Lot 32, Block 7, VoilVilloge I't Fillng
Seporotlon Request Informotion
Plons, Summory, ond Supporling informofion for Seporofion Request
143 East Meadow Drive
Suite 300
Vail. CO 81657
michael @ sumanarchitect.com
970.479.7502
f n0.479J5rr
n 970.471.6122
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Ancl|tTtct
With the seporotion opprovol, we infend lo build o 2,700 squore foof (roughly) secondory
unil with o two cor goroge from the Beover Dom side of the lot os shown in the enclosed
Proposed Sile Plon. Ihe new unit will be roughly 1,900 squore feet of site coverqge.
thonk you,
Michoel Sumon, AIA
143 East Meadow thive
Suite 300
Vsil, CO 81657
michael@sumanarchitect.com
970.479.7502
f no.47g.?srr
n 970.411.6122
SUMAN
RCIIITECT
November 12.2@5
Lot 32, Block 7
Voll Villoge lst Filing
95 Forest Rood
RE: The re-opprovol of o seporotion request for Lot 32, Block 7, Voil Villoge ld Filing.
L Descripllon of Seporolion Requesl
The opplicont is the owner of Lot 32, Block 7, Voil Villoge lsl filing, which is locqted ot 95 Forest Rood
ond is bordered to the north by Beover Dom Rood. Ihe property is zoned Two-Fomily
Primory/Secondory Residentiol ond hos o primory unit presently exlsting on the site. This primory unit
is occesed from Forest Rood. Due to the presence of significont site constroints, the opplicont is
requesting the re-opprovol of a seporotion request thot would ollow o secondory unit to be
constructed on ihe north side of the property with occess coming from Beover Dom Rood.
2. History ond Bockground
A seporotion request wos qpproved for Lot 32 on 617 /95 by the Town of Voil Design Review
Boord(DRB) to ovoid on existing group of old growth trees; to ovoid the noturol droinoge course
olong the eost side of the property line; ond to most sensitively monqge the greoter thon 40% slope
of the site, Enclosed for reference is the originol Site Development Plon dqted 5/l /95 ond DRB
oction form doted 6/7 195 (Exhibit A). At the time the request wos opproved there wos o different
structure on the site thon presently exists, which posed procticol difficulties for connecting the
primory ond secondory units.
Further into the development of the proJect it wos decided to roise the existlng primory unlt ond
construct o new one in it's ploce. On 816198 the Town of Voil Plonning Stoff opproved on extension
of the previously-opproved seporotion request. Enclosed for reference is the Deslgn Review Action
Form doted 8/6/98 (Exhibit B). The finol proposol incorporoted o new primory residence locoted
where the previous structure existed, ond o seporoted secondory residence on the north side of
the property,
3. Anolysis ol Proposol
The site constrqints on Lot 32 for the previously-opproved seporotion request still exist, In foct, the
new primory residence thot reploced ihe originol structure creotes even more prqcticol difficulties
in site plonning due to it's locotion.
Connection Scenorios (reference Prooosed Slte Plon Al .0)
West ond South
The existing primory residence is locoted olong the west ond soulh setbock lines. Therefore, it is
impossible to connect ihe new secondory residence in these oreos,
Eost
On the eost side of the existing primory residence there ore moture stonds of trees; o noturol
droinoge course; grodes overoging 50% in slope; retoining wqlls; ond lock of buildoble oreo within
michael @sumanarchitect.conr
143 East Meadow Drive 970.479.7502
Suite 300 f 9'70.479.7511
Vail. CO 81657 m 970.471.6122
SUMAN
RCHITECT
the eqst setbock line. lhese site constroints moke it improcticol to connect to the eost side of ihe
existing primory residence,
Norfh
On the north side of the existing primory residence there ore moture evergreen trees ond grodes
ronging between 4G50% in slope. lt is physicolly posible to connect the secondory residence to
the north side, bui procticolly impossible bosed on occess. Becouse of the site constrolnts on the
west, south ond eost of the existing residence os outlined obove, the qcces drive to the
porking/goroge of the new secondory residence must come off Beqver Dom Rood.
As illustroted wifh o heow blue line in the Proposed Site Sectlon Al.1, the steepest entry drivewoy
ollowed by the Development Stondords goins opproximotely l3'-0" of elevotion from Beover Dom
Rood to the physicol connection zone. lhis is opproxlmotely 40'-0" below where the procticol
locotion of the connected secondory residence should be locoted to fit the site. The shoded qreo
represents the excovotion thot would occur in order to cut the entry drive bock to the physicol
connection zone, Therefore, connection on the north side of the existing primory resldence is
procticolly imposible.
the opprovol of the seporotion request ollows the new secondory resldence to most sensitively
integrote with the existing site conditions. The current proposol is bosed on the criterio of the
previously-opproved seporotion request site development plon with significont improvements:
o. The opplicont hos involved on orborist in order to protect qs mony heolthy trees os possible.
b. Using the enclosed orborist report, o poth for the drivewoy wos identified with trovel around
heqlthy trees ond ihrough deqd ones.
c. The conopy olong Beover Dom Rood is protected by mointoining the trees olong the rood.
d. The proposed drivewoy meets Development Stondords, while minimizing retoinoge,
e. The proposed drivewoy ollows the house to sit higher on the site, thus minimizing visuol
impoct olong Beover Dom Rood.
f. The goroge is buried in the ground offording o gorden roof ond minimol site impoct.
g. The house is nestled into o cleoring in the middle of the site to mointoin trees ond minimize
site imooct,
h. Soil noiling will be used to reduce site disturbonce.
The orchitecture of the proposed secondory residence is illustroted on Al .2. lt drqws from the
moteriols ond forms of the existing primory residence so thot the two structures ore unified. The
scole ond ottention to detoiling support the level of quolity consistent with this neighborhood.
The seporotion request on Lot 32 reinforces ond fits the chqrqcter of the neighborhood. The Portiol
Town of Voil Mop (Exhibit C), illustrotes the predominqnce of subdivided property oreo between
roods in the Voil Villoge lst ond 3rd filings neighborhood. The seporotion of structures on Lot 32 will
be on extension of this chorocter.
michael @ sumanarchitect.com
143 East Meadow Drive 970.47 9;1502
suite 300 f 970.479.7511
Vail. CO 81657 n 970.471.6122
SUMAN
NCHITECT
4. Approvol Cdteilo
the opplicont is requesting the re-opprovol of the previously-opproved seporotion request for Lot
32 bqsed on the following criterio:
A. A seporotion request hos okeody been opproved ond extended for Lot 32.
B. Ihe significont site constroints identified in the orlglnol seporotion request still exist,
including some qdditions.
C. There ore proctlcol ditflculties with ony form of connection b€tween the existing primory
resldence ond o new secondory residence.
D. The re-opprovol of the seporotion request for Lot 32 wlll ollow the integrotlon of o
secondory residence thot minlmlzes site impocf mointoins the most trees; ond unifies
the site.
E. The seporotion request ollows the property to be consistent wiih the existing chorocter
of the neighborhood.
michael @ sumanarchitect.com
143 East Meadow Drive 970.479.7502
Suite 300 f 970.479.75rr
Vail. CO 81657 m 970.471.6122
TOWN OF VAIL Ex(i6ir A
Category Nurnber
Project Name:
Buiiding Narne:
Project Description:/-z-fs-
Owner, Adclress arrd Phone; .f lqI
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Plo-icct Namc: Hllverson Frirnar.v-/Secondary
Pro.lect Dcsc'iption: Exrension of previousry-approverr sepaftrlion reque$t
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,.{rchitccti(ilntircr. Addless and phonc;Tirn Drisko, l4.l E. l\Ieadorv Drivc #49g, I'sit 476_00?5
Prcjecr Streer Address:95 Forest Road
Lcgal Descriprion: Lor 3t, l]lock ?, Vail Viltage First liling
t,lesrgn Review Actron Form eti*fO
TOWN OF VAIL
Building Narnc:
until August 6, 1999.
Parccl \umbcr:
Commenls: .dpplication extended
Motion by:
Secoodcd by:
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Town Planncr: Brent lVilson
Dale: August 6, lggg
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Bill Gibson
Town of Voil
l?7ol 47e-2173
RE:95 Forest Rood
Deor Bill,
I hove visited the primory residence oi 95 Forest Rood lo confirm ihere is nol o Secondory
Dwelling Unit os deJined by hoving seporole ond permonent provisions for cooking. Pleose
find the enclosed phologroph ond plon documenling the existing conditions. As is
illustroted, there is o smoll under-counier refrigerolor, microwove oven ond sink thot moke-
up o wet bor oreo only within the cuest Suite. This os-built condition differs from whot is in
the Town of Voil's record set of opproved drowings doted 611/99. Therefore, lhe Town of
Voil files for 95 Foresl Rood should be updoted to reflecl the cunent existence of only one
dwelling unit on this property.
Michqel Sumon, AIA
143 East Meadow Drive
Suite 3fi)
Vail, CO 8165?
michael@sumanarchitect.com
9'10.479.7502
f 970.419.7srr
n 970.471.6122
Regords,
606 .ileit, Cotorato 81658 . (970) 926-3594
November 7,2005
Mr. Michael Suman
143 E. Meadow Drive, #300
Vail, CO 81657
Re: Tree Report, 95 Forest Road, Vail
DearMike,
On Wednesday, October 26,2005,I evaluated a portion of the hees at 95 Foiest Road.
This report will document my findings, provide you with free preservation guidelines,
and present my recornmendations.
Assignment
1) Evaluate the condition of existing hees which are in close proximity to the
proposed house.
2) Identify dead trees and determine to what extent live existing live trees are at risk
of future attack by insects/pathogens.
3) Evaluate impacts of the proposed driveway connecting to Beaver Dam Road.
4) Present tee preservation guidelines for use during the planning and construction
phases ofthe project.
Observations & Discussion'
The site contains mostly large mature conifers. The principle species is Blue spruce,
followed by Lodgepole pine and Subalpine fir, in order of prevalence. The majority of
trees have not had any major impacts, with the following exceptions:
Past disturbances
o Adjacent to Beaver Dam road, tree #22Chas received and continues to receive
heavy mechanical impacts to the north trunk and butkess roots. See "Attachment
D". Use of sounding (shiking with a mallet to determine wood density) revealed
decay in the northeast trunk quadrant. Further testing by increment boring the
trunk at a 4-ft height revealed at least a lO-inches section ofsolid wood.
o Previous machinery activity in the center of the lot has caused buttress root
damage and moderate{o-significant damage to the basal bark of trees #23, #24 &
#25. Construction wounds at the base revealed the loss of bark amounting to 30%o
hunk circumference on free#23 and,70% on tree #24. and numerous root collar
tears on lree#25.
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S\/{I-r'11 AS"A\ffi.
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Tree #4 is a small dwarfed pine that lost its apical leader (topmost shoot) several
years ago.
Locatedjust below the upper existing house, tree #9 exhibits excess fill buildup
from prior construction.
This lot contains a total of 6 dead tree stems (3 spruce and 3 pines). Causal agents
are Pine engraver beetle (Ips pini) in the pines and suspected root disease in the
spruces. All 6 dead trees are flagged with orange "Killer Tree" ribbon.
Tree Inventory
A total of 25 trees are inventoried (see Attachment A). These trees are flagged with a
heavy duty, l-inch wide, green ribbon. The date, tree #, species, trunk diameter, and
dripline radius are all written on the ribbon.
Surveying inconsistencies :
After reviewing the 10/28/05 survey by Eagle Valley Surveying, I had to make
another site visit to rectiff the discrepancies between their records and my initial site
notes. My 1l-06-05 follow-up site visit confirmed the accuracy of my initial site
notes. Here are the deficiencies in the survey:r Some, but not all of the dead trees were plotted. All 3 dead pine were plotted by
the surveyors. However, none of the 3 dead spruce stems were plotted. See
"Attachment D".o Tree # 19, measuring as one ofthe largest ftees on the property, and a pivotal tree
concerning the driveway placement, was not plotted on the survey. Accordingly, I
hand-plotted #19 in its approximate location on the map.
Insects & Diseases
Mountain pine beetle (Dendroctonus ponderosae); abbreviated as MPB.
The inventoried pines showed no sign of present or past MPB activity. However, the
majority of the massive mountainside browning of conifers above Vail is the result of
epidemic levels of MPB attack on Lodgepole pines. MPB has actively attacked
lodgepole pines throughout the neighborhood over the last few years, and the pines on
this property are highly susceptible.
Spruce beetle (Dendroctonus rufipennls); abbreviated as SB.
The inventoried spruces show no sigr of present or past SB activity. SB only attacks
trees from the Picea genus (spruce species). In Eagle County, this insect is present
only in endemic levels. At this point in time, the risk of the mature spruce on this
property becoming attacked by SB is relatively low. However, the threat of future
attack does exist.
Page 2 of5
Engraver beetles (1ps spp.)
Pines: Whereas MPB is a primary invader of pines, in this region.Ipspizi is generally
a less virulent secondary invader. Ips pini often attacks smaller, understory and
suppressed pines. It is also common to see attack initiating in the tree top, only killing
the top. However, on this site, the 3 pines exhibiting attack resulting in death of the
whole hee.
Spruce: Although spruce is susceptible to its own species of engraver be etle (Ips
hunteri), the presence of this insect in western Eagle County is very rare. The 3 dead
spruces on the site did not exhibit any signs of this bark beetle. However, a definitive
diagrosis can not be obtained until the trees are felled, in order to inspect the tops.
Root disease
Conifers on this site are susceptible to a whole host ofparasitic root diseases.
Although root disease is the suspected cause of death in the 3 spruces on this site, no
fructification (fruiting bodies) was detected. Further testing by lab analysis was not
performed, since it is generally not practical to attempt control of soil-bome
pathogens.
Needle scale
Needle scale is a small armored scale insect that feeds on needles. In recent years,
conifers in this neighborhood have seen an explosion ofneedle scale populations.
While this insect generally does not kill a tree, heavy populations can sigrrificantly
defoliate the crown, resulting in a sparse and seedy appearance. The intensity of
infection on this site ranges fiom moderate to heavy.
Proposed driveway
As I understand, the proposed driveway will run between trees #21 A, with the
proposal to save both trees. The width between these trees, along a fairly steep grade, is
24 feet from root collar to root collar. Trce # 2l is by far, the larger and healthier of the
two trees. Unfortunately, hee # 21, being on the uphill side, would also undergo the most
root loss. When faced with these parameters, I generally recommend removing the
weaker tree to lessen the impact to the healthier tree. A better idea of the impacts to these
trees is gained by exploratory excavation before site plans are finalized.
Construction disturbance limits
For planning pulposes, a tree's dripline is generally used as the limit of construction
disturbance. However, there are a number of factors suggesting that a tree's dripline may
not be a sufficient limit to avoid irreversible tree decline and loss of structural stability.o The heights ofthese trees axe above average. Due to additional wind leverage, the
health of lateral roots and associated sinker roots becomes more critical to
stability.
o The larger size of buttress roots on this site implies that surface root diameters at
the dripline will be larger than normal.
Page 3 of5
. Lastly, and perhaps most sigrificant, is the fact that narrow crown diameters
(resultant from greater hee density) on this site do not accurately reflect the
critical root zone. In many cases, the critical root zone extends 1.5 times the drip
radius. Saving the critical root zone gives the tree a reasonable chance of survival.
Gonclusion
Structurally weak trees
Dead trees: All 6 dead trees should be removed before any work is initiated on site.
Trce#22C, has been weakened by past abuse. However, test results revealed that
removal is not justified at this time.
Tree#23 exhibits a 30% (circumference) trunk wound at the base, but this alone does
not justifu removal, However, if exploratory excavation reveals sigrrificant root loss
as well, possible removal will need to be re-assessed.
Tree #24 exhibits a 70% (circumference) trunk wound at the base. This extent of
damage on the windward side justifies removal.
TreellZl exhibits numerous machinery-related gouges to the windward root collar.
The hee also exhibits a genetic defect at a 50-ft height referred to as included bark
with codominant stems. This defect predisposes this hee to wind-related structural
failure.
Tree inventory, map & survey
Locations of trees are depicted on the map in "Attachment D". Inventory details are
listed in *Attachment A". Tree #19 is missing from the 10128105 survey.
Insects & Spraying
The presence ofneedle scale in the foliage ofall conifers and the threat ofbark beetle
attack justifies the start of an annual hee spraying program.
Driveway lmpacts & disturbance limits
Given the extent of slope and the close proximity of large trees, the proposed
driveway may have sigrrificant long-term impacts upon adjacent trees. Limits of
disturbance amounting to 1.5 times the drip radius would not allow for driveway
construction. Exploratory excavation will shed more light on the most reasonable
location for the driveway and whether any associated trees are recommended for
removal.
Page 4 of5
Tree preservation guidelines
If long-term tree preservation is a priority, the guidelines are an important document
for the constuction company to follow and should be a part of the contract. See
"Attachment B".
Recommendations
l) Remove 6 dead trees, tree#24, and hee#25.
2) Carefully remove (hand-shoveling by laborers) all excess fill within the dripline
ofhee #9.
Eagle Valley Surveying should add tree #19 and accurately plot its location.
Contract annual preventive spraying for both Spruce beetle (May 15tn deadline)
and Mountain Pine Beetle (July lst deadline). Contract treatnent spray for needle
scale (window of June I't to June l5s)
Prior to desigrring driveway, schedule exploratory excavation to determine
acceptable limits of disturbance.
Prior designing size and dimensions of house and hardscapes, schedule
exploratory excavation adjacent to critical "save" trees.
Retain a consulting arborist throughout the pre-construction, construction and
landscape construction phases. Monitoring the excavation phase is particularly
critical.
If you or the property owner need clarification of this report or have any further
questions, I will look forward to your call. I look forward to assisting you with tree
management issues tbroughout all phases of this project.
Sincerely,
Mark Stelle, Registered Consulting Arborist
Enclosures
Attachment A: Tree inventory (l page)
Attachment B: Tree Preservation Guidelines (4 pages)
Attachment C: Limiting Conditions (l page)
Attachment D: Site map (l page)
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Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborisl
November 7,2005
ROOT ZONE PROTECTION
Protection of the critical root zone is essential to insure long-term health and survival of
the tree. Soil compaction can be just as damaging as root cutting and root removal. To
protect the critical root zone from excavation and compaction, a fence should be erected
before the onset of any topsoil rernoval from the site. The will provide a much needed
physical barrier throughout the construction and landscape construction process. This
physical barrier protects against adverse impacts such as excavation, trenching,
machinery traffic, and attempts to temporarily store building materials.
Fencing:
An improperly installed tree protection fence is as good as no fence at all.
Specifications ar€ as follows: The fence should be installed at the dripline of all save-
trees, a minimum of 6' tall, and installed with "T" posts on 4' centers. The fence
should remain, undisturbed throughout general construction and initial landscape
construction.
Fencing Alternative:
Should the fence require temporary disassembly for temporary access, a consulting
arborist should be contacted to approve altemative trunk/root protection. The trunk
can then be protected as specified in the "Tnurk. Protection" segrnent ofthis report.
Mulching:
If not already mulched, all save-trees should be mulched before initial site excavation.
The mulch layer should be 3" to 4" thick and cover the entire critical root zone (from
the trunk to the dripline). The material can be wood chips, bark, or staw. Benefits are
as follows:. Reduce evaporation of ground moisture.o Reduce eroding effects of supplemental water.o Moderate soil temperature.o Mitigate soil compaction.. Recycle trace amounts of nutrients (only a benefit of organic mulch).
Construction Material Storage & Dumping:
The critical root zone (area within dripline) should be void of stored materials. In
addition, storage (even temporary) of any fueVoil containers, or other chemical
contaminants within 20 feet of the dripline of any sigrrificant save-tree should be
strictly prohibited. Once spilled liquids contaminate the root zone, remedial leaching
procedures become extremely expensive and chemical uptake by the root system
often results in irreversible tree decline.
Page I of4
Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2005
TRUNK & BRANCH PROTECTION
All tree trunks that are subject to runaway boulders or scraping from machinery should be
encircled with straw bales. The bales should be positioned vertically around the entire
trunk perimeter and tightly bound with twine. Under no circumstances should wire/string
encircle the trunk directly against the hee bark. Straw bales will also protect any exposed
root collarst.
Where possible all branches adjacent to constant machinery traffic should be identified
by the general conhactor/excavating conhactor and pruned or tied out of harms way by
an arborist. The tree inventory identifies several trees on this project that need
professional pruning to allow for vehicle access and minimize unwanted branch tearing.
EXCAVATION
When removing topsoil, to the extent possible, all excavation adjacent to the root zone
should be cut radially away from the trunk. The operator's machine should always be
facing the trunk when the shovel severs the root. This procedure minimizes damage to the
residual root system.
Exploratory Excavation :
This is a procedure for determining the actual location, size, and volume of roots
before the excavator operator disturbs topsoil adjacent to the dripline ofa sigrrificant
save-tree. This procedure must be monitored by a consulting arborist.
Root pruning:
Prior to machine excavation cuts, a pre-excavation hand-dug tench will reveal
critical artery roots which can be sawn by hand to minimize damage to the residual
root system. Onsite monitoring and root pruning by a consulting arborist is suggested
at this point. Any time a soil cut remains exposed to the sun for an extended period,
the cut should be covered with a porous protective barrier such as landscape fabric,
burlap, or plywood.
Tree & Stump Removal:
Trees scheduled for removal that located adjacent to the dripline ofsave-hees should
not be toppled by an excavator. Rather, removal-trees located adjacent to save-trees
should be felled by an experienced arborist, and the stumps should be sawn flush to
the ground or treated with a stump gnnder, leaving the stump's root wad2 and
adjacent save-tree roots undisturbed.
'Root collar (root flare or root croum) - A point at tree base where the roots and tunk merge.
'Root wad - The mass of soil and large structural roots immediately below the trunk.
Page2 of 4
Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2005
Excess Soil Storage:
Excess soil should not be stored (even temporarily) within the dripline of any save-
tee. The adverse effects ofthis excess soil are as follows:o Compaction irreparably damages the critical root zone by inhibiting critical gas
exchange and water percolation.
r Compaction often kills beneficial soil microbes that are associated with root
health.
r The cleanup process of removing excess soil by machines often inhoduces further
physical damage to surface roots.
If temporary placement of fill soil within the dripline of a tee becomes absolutely
unavoidable, there are two prudent protective measures.
r Encircle the trunk with vertically place staw bales.o Cover entire area inside the dripline with landscape fabric prior to adding fill dirt.
Aeration System:
If permanently adding extra soil over the root zone becomes an unavoidable option,
an adequate aeration system should first be designed and installed under the guidance
of a consulting arborist. Once an aeration system and trunk protection has been
installed, the excavator may courmence with the addition of fill dirt.
SoilRetention:
Any time a proposed excavation cut and the associated over-cut would violate the
dripline, vertical shoring such as soil nailing should be considered.
Water Stress Mitigation:
A tree on a construction site can become water-stressed from several influences.
r Physical root damage or destruction.o Increased exposure from the drying effects of sun upon soil and foliage.r Reduced availability of ground water, due to the wicking effects of an exposed
hillside excavation cut.o Soil compaction can adversely affect the availability of rainwater.
Supplemental Watering:
Supplemental watering of all critical save-trees during this construction project
should be scheduled. Prior to initial excavation, a supplemental water source should
be secured. If hydrant water is not immediately available on the site prior to
construction. a water truck should be scheduled.
Page 3 of4
Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2OO5
Water Frequency and Volume:
This is a customized program which varies greatly between each hee depending upon
size, slope, exposure, and weather patterns of a given month. Specific needs must be
monitored by the consulting arborist at the time of initial excavation.
SUBCONTRACTOR BIDDING SPECIFICATIONS
The roles of a consulting arborist are to review proposed impacts to save-tree candidates,
provide guidance, and to monitor (dependant upon the project budget) construction
impacts. The creation of tree preservation guidelines is an important step in a tree
preservation program. However, the people truly hired to save trees are the contractors
and subcontractors who are onsite every day.
In addition to denoting on all future site plans the physical location of the hee protection
fence, the bidding prospectus for all subcontractors, particularly excavators, should
clearly reference the "off limits" tree protection zone. This is absolutely essential since
the positioning of the fence limits the size of machinery allowable, the access for
backfilling, scaffolding size, and general working space between the structure and
the tree dripline. Subcontractors must understand that the tree protection fence must
remain unaltered throughout the construction and landscape construction process.
Page 4 of 4
l.
Attachment C
Suman Report
November 7,2005
Assumptions & Limiting Conditions
Due to the limitations of the assignment, not all trees on this site were evaluated. The
only trees evaluated were those within the corridors identified by Mike Suman on
October 6,2005 and numbered on the map "Attachment D" of this report.
The scope of this report is limited to the trees and conditions specifically mentioned
in this report. Mark Stelle (consultant) and Precision Tree Works assume no liability
for the failure oftrees or parts oftrees, either inspected or otherwise. The consultant
assumes no responsibility to report on the conditions of any tree not specifically
requested by the named client.
All inspections were limited to visual examination of accessible parts, without
climbing, dissection, excavation, probing, boring or other invasive procedures, unless
otherwise noted in the report.
There is no warranty or guarantee, expressed or implied, that further problems or
deficiencies of residual trees may not arise in the future.
Arborists cannot detect every condition that could possibly lead to the structural
failure of a tree. Trees are living organisms that fail in ways we do not fully
understand. Conditions are often hidden within trees and below ground. Arborists
cannot guarantee that a tree will be healthy or safe under all circumstances, or for a
specified period of time. Likewise, remedial treatments, like any medicine, cannot be
guaranteed.
Trees can be managed, but they cannot be controlled. To live near trees is to accept
some degree of risk. The only way to eliminate all risk associated with trees is to
eliminate all trees.
7. Loss or alteration of any part ofthis report invalidates the entire report.
2.
J.
4.
5.
6.
Page I of I
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Deeign Review Board
ACTION FORM
Department of Community Development
75 Ssuth Frontage Road. vail. Colorado 81657
tef: 970.479.2139 fax:. 970.479.2452
web: www.vailgw.com
Project Name:
Project Description:
Participants:
Project Address:
Legal Description:
Parcel Number:
Comments:
OWNER RYAN, JOHN ALEXANDER, JR&.KLOI22I2OO7
13 WISTERI.A LN
COVINGTON
LA 70433
APPUCANT MICHAEL SUMAN ARCHITECT, LLCl0l22l2007 Phone: 970-47L-6L22
PO BOX 7760
AVON
co 81620
License: C000001764
ARCHITECT MICHAEL SUMAN ARCHITECT, LLCI0 I 2212007 Phone: 97 0-47 t-6t22
PO BOX 7760
AVON
co 81620
License: C000001764
95 FOREST RD VAIL Location: 95 FOREST ROAD
RYAN CHANGE DRB l{umber: DRB07060b
FrNAL APPROVAL FOR A CHANGE TO THE APPROVED PLANS (LANDSCAPING)
Loft 32 Block: 7 Subdivision: VAIL VILTIGE RUNG 1
2101-071-1300-3
Motion By:
second By:
Vote:
Conditions:
BOARD/STAFF ACTION
ACtiON: STAFFAPP
Date of Approvalt lO 12512007
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,
pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS.
Cond: 202
I
Approval of this projed shall lapse and become void one (1) year following the date t ' of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion'
Planner: Bill Gibson DRB Fee Paid: S20.00
Changes To The Approved Plans
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97O.479.2128 fax: 970.479.2452
web: www,vailgov,com
General Informationr
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements fior the particular approval that is requ€sted. 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 rcview approval lapses unless a building pemit is issued and construction commences wlthin
one year of the approval.
Locationof theproposaat tot: 42 Bbck: 7 suoaivision: Uil Villtf Fi/i4 |
Physicaf Address: ffiqaW' 7S: frf<o+ P l, :
Parcel No.:2lol-ou-lloo-j (Contact Eagle Co. Assessor at 970-328-86.10 for parcel no.)
Zoning:
l{ame(s) of Owner(s):
Mailing
Owner(s) Signature(s):
Name of Applacant:
Mailing Address:Ba 7106
Phone:
Fax:,tuL4-4(W
Type of Revieur and Fee:
/ changes to Approved Plans $20
Submittal Requirements:
3 Sets of Plans Addressing Project Changes
Signature of Homeowner(s) or Association
For revisions to plans already approved by Planning Staff or the
Design Review Board.
q
E'0
\,
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0'o o
Descr:puon of the Request:
E-mail Address:
For Officgrfse O!y:
Fee Pald: t/6 cnecr no.: t'l ?-1 ey:il-zl-q7
ProjectNo.: ?a/s.r- Oq.<b
l=AfEn\\tf=l-E \, lg U V l-=
ocT 15 2007
l\S y*
TOWN OF VAIL
Flcdev\FORMS\Permits\Planning\DRB\drb_change_lo_approvedjlans_lltage_10-1
Worfu, t 606 .Acit, Cotorato 61556 t (970.926-3594
December I l,2005
Mr. Michael Suman
143 E. Meadow Drive. #300
Vail, CO 81657
Re: Supplemental Tree Report, Ryan Residence,95 Forest Road, Vail
Dear Mike,
On Tuesday, November 29,2005, you provided me with the latest draft of the proposed
secondary residence at 95 Forest Road. Given this development, you requested that I
amend the tree inventory to reflect impacts from the house and driveway.
Limiting conditions
Recommendations to remove specific trees on this site are based upon readily visible
current tree defects and proposed impacts from future construction. Precision Tree Works
and the consultant assume no liability for the failure of trees or parts of trees, either
inspected or otherwise. Many large residual trees on this site are not specifically
recommended for removal, but they will remain a risk due to the very nature of height,
dynamic wind loading, and effects of gravity. The only way to completely remove the
inherent risk of future tree failure on this lot is to remove all of the trees.
Additional removal trees
The November 29th site visit resulted in my recommendation to remove two more large
trees. #26 and #18. See Attachment B.
Tree #26 (a new inventoried tree) has a heavy lean and trunk sweep to the southeast. The
annual branch growth is minuscule, the canopy is very sparse, and foliage is chlorotic. A
grade change resulting from prior construction on the lot to the west is the suspected
cause ofpoor tree condition. The old age, poor condition, heavy lean, position on the
windward side of the house, and anticipated construction root loss are all justihcation for
removing this tree.
Tree #18 exhibits an extreme lean towards the proposed house. The west wing of the
house is not a direct target ifthis tree should fail. Once trees #13 through #16 and #26 are
all removed, the wind exposure and snow loading of tree #18 will likely increase,
creating an even greater risk offailure. These two reasonsjustify removal ofthis tree.
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Mark Stcllc
lPrecisbn lfru \W-k, n.u\'
Exploratory Excavation
Trees #3, #10, and #19 are listed in the Tree Inventory (see Attachment A) as "?". I will
not submit recommendations for their fate until I conduct exploratory excavation.
Exploratory excavation must be conducted well before any other excavation on the site.
Prior to exploratory excavation by a small backhoe, the maximum point of proposed soil
disturbance must be mark by surveyors. Once the size and quantity of severed roots are
determined, I will make a recommendation for removal or preservation of these three
trees.
Contractor bid restrictions
As stated in the November 7, 2005 report (Attachment B), the original bid prospectus for
general contractor and excavation contractor should include specifications that driplines
of "save" trees shall be fenced and off limits to both machinery and temporary fill
storage.
Tree removal
Straw bales should be installed on all "save" trees prior to any tree removal. Whether
trees are removed by an excavator operator or by a tree service contractor, the consultant
should be notified to monitor the process. Without supervision by an independent
consulting arborist, most tree removal jobs result in far more residual damage to "save"
trees than necessary.
If you or Mr. Ryan need clarification of this report or have any further questions, I
welcome your call. I look forward to assisting you with tree management issues
throughout all phases of this project.
Sincerely,
Mark Stelle, Registered Consulting Arborist
Enclosures
Attachment A: Tree inventory (l page)
Attachment B: Site map (l page)
Page 2 of 2
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Attachment B
Amended Site MaP - Suman RePort
gV' ft f "tl St"f f ",
Registered Consulti n g Arborist ' December 11' 2005
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TOWN OF VAIL, COLORADO Statemelrt
Statement Nurnber: R0?0002295 Amount: $20.00 Io/22/2OO7L0:05 Alt
Payment Method: Check Inits: ,Js
Notsation: 1323/MICHAAL
slnilAN
Permit No: DRB070506 l)fpe: DRB- chg to Appr Plan6
Parcel No: 2101-071-1300-3
Site Address: 95 FOREST RD VAIIr
Location: 95 FOREST ROAD
Total Fees: $20.00
This Pa)ment: $20.00 Total AIIJ Pmt6: $20.00
Balance: $0.00
ACCOI,]NT ITEM LIST:
Account Code Des cripti on Current Pmts
DR OO1OOOO3LL22OO DESIGN REVIEW FEES 20.00
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Design Review Board
Community Development Department
December 21,2005
Ryan Residence Separation Request timeline clarification
Applicant Jack and Karen Ryan
Planner: Bill Gibson
The applicant has submitted a summary of the history of Lot 32 based upon the Town of
Vail files. To clarify, the building permit issued in 1999 was for "2'dwelling units. These
"two" units were the proposed primary unit and a Type ll Employee Housing Unit which
were to be located within the same building structure adjacent to Forest Road. Based
upon the Town of Vail files, the appilicant did not submit a design review application or
building permit for the 'secondary" unit contemplated as part of the 1995i1998
separation request. This "secondary" unit along Beaver Dam Road was never approved
or constructed; therefore the separation request approval has expired and is now null
and void.
There is no record of the former property owner executing the required deed restrictions
for the Type ll EHU. The Town of Vail files include a February 2002Town of Vail letter
indicating that this "EHU" would be considered a "seconda4/ unit on the site. This
determination effectively precludes the construction of the "secondaqf unit contemplated
as part of the separation request.
The cunent applicant contends that the former EHU, later determined to be the
secondary unit, was not constructed with kitchen facilities. Therefore, the
EHU/secondary unit is not defined by the Vail Town Code and is considered to be part of
the primary unit on the site.
I ctt AR
December 20,2@5
Lot 32. Block 7
Voil Villoge lr Filing
95 Foresi Rood
RE: Conneclion of Units on loi 32, Block 7, Voil Villoge I d Filing.
The existing primory residence embodies the floor plons, orchiieclurol floir ond quolily moteriols thoi
give the Forest Rood neighborhood its preslige. This chorm ond chorocler is very importont io
protect when we stort to study prociicol woys lo oitoch the new secondory unit.
The loyout of lhe residence hos oll lhe moin living ond sleeping oreos stocked on lhe eosl holf, with
lhe supporl functions of goroge, mechonicol, medio ond guest suite moking up the west side. Ihe
mosl procticol connection zone is lherefore the west holf (on the north side) for lwo moin reosons:
one, conneciion 10 the goroge gives direct occess to porking; ond two, lhe secondory would
impoct supporl funclions ond noi the heort of fhe exisling residence mode up of the living ond
sleeping rooms. Another benefii of the west side connection is ony ouldoor decks ond tenoces of
the secondory would hove some seporotion from lhe exisling primory decks ond tenoces.
The site consiroinl of the rock ouf cropping is locoted in this exocl locotion of the bose of ihe
building. The rock outcropping is not only significoni in size, bui is locoied neor the building
foundotion. Therefore, the site conslroini of ihe rock outcropping prevenis conneclion to the mosl
prociicol oreo of the existing residence.
The west end ond south side ore not.possible otlochment zones becouse of the propedy sefbock
lines.
The site constroint of o deeded running slreom on the eosl side of the existing residence prevents
the secondory unii from being ottoched on ihe eost end of the building.
The lost option for conneciing ihe secondory to the existing primory is on the north side of the eost
holf of lhe building. As stoied previously, this is where oll the living ond sleeping rooms ore locoled
ond goin egress ond nqturol light. Conneciion ot this locolion would significontly impoci f he
funclion ond quolity of lhe exisling residence: in order to qccess the secondory unit in this locotion
from the Foresi Rood side, conneclion between ihe primory ond goroge would be severed; il
eliminotes egress from multiple bedrooms; il eliminoles privocy for deck ond tenoces off lhe living
ond sleeping rooms; ond overoll il would creote two lower quolity residences.
The porking requiremeni for the exisiing primory ond f he new secondory residences per ihe
developmenl code is seven spoces. This con noi be sotisfied on the Foresl Rood side of the
building. At present, there is o lhree cor goroge ond o moximum of lhree outdoor spoces in front of
f he goroge. Given lhe locolion of the moin entry; o living tenoce over '12'-0" below Foresi Rood;
ond droinoge, il is noi feosible lo locole the necessory seventh porking spoce on the south side of
lhe properly.
Foroll lhe reosons lisled obove of nol being oble lo procticolly locote o porking spoce on the
soulh end of lhe properly, ii is olso improcticol to gel o drive off of Foresi Rood to the norlh side of
michael@sumanarchitect-com
143 East Meadow Drive
Suite 300
Vail, CO 81657
9'70.479.7s02
f 970.479.75t1
m 970.471.6122
the building. Ihis would destroy oll the londscoping, slreom beds, ond lrees oround most of lhe
residence.
In order to ottoch the new secondory unit lo the existing primory, the porking ond occess to the
secondory should come from fhe Beover Dom Rood side. Bosed on lhe grodes ond lhe existing
primqry residence floor plons, f he best solulion is to hold the secondory unil os low on ihe sife os
possible while mointoining o procticol distonce from lhe pdmory lo moke the connection. This
offords the leost omount of impocl on lhe windows ond tenoces of lhe primory living spoces while
providing the octuol physicol conneclion by woy of extending the secondory roof to the primory.
However, ihis solution doubles the site impoct of the seporoted secondory proposol. As seen by ihe
oronge oreo in drowing A1.3, much of lhe sile is now impocted by trying to moke fhe connection.
The new goroge ond drivewoy ore necessory for porking ond qre the some for both scenorios. Ihe
construction ond groding impocts of lhe roised secondory for conneclion purposes qre however, o
significonl increose in sife impoct.
As originolly proposed fhe seporoted secondory unit is the most site sensilive solution fo unifying fhe
property.
michael@sumanarchitect.com
143 East Meadow Drive
Suite 300
Vail, CO 81657
970.479.7502
f 97O.479.7511
m 97O.471.6122
Dec 20 05 1o:24a - _ll! HoY:1:T-:N.^(e70) 47
u,{^,n<r.#nE
FURTHER AFFIANT SAYETH NOT
AFFIDA VIT Otr' PHILIP HOVERSTEN
STATEOFCOLORADO )
couNTyoFEAcLE lss'
Philip Hoversren, being of sound mind aod legal age, aad fir.st being sworn upon oath, sta:tes ard depose.s as fullowtt
l' I have personar knowredge of rhe fets stated in this affidavit.
2.
'r
l999 I was the owner of Lot 32 Btock 7 Vail Village first fiIing, the addre'ss of which is g5 For€sr Road, vait, cororado, and the ror was zoned primary cecondary.
1' A separarion rcquas! had be-er grarued by the va'DesiSp Review Bonrd and tbe exension of tbar request was $till in effect so rfr"t t *Ua li*r. buifr i seconaary unit on the rot that ctruto trave uccn accessed rrom neaver pam Road.
4' YhtL" pt's and-b-uitding permft for the now existing rcsidcnce wcrc approved by the Town of Vail, the approved setrnratioo ".quotLs io effrct and I could havc con$tructcd a separared donA..y u?,it on the lot.
5' shaeffer c.onstruction buijt thc rcsidcnce rhat currentry cxists there for ne and I cbosc not o buitd the scparatcd second unir ar tbat time for cconornic reasons and not bccause of any zoning or regulatory impedinrnts.
1- The granting of rhe separuion r€quesr was not based qr the housc I built on thc pnopcrty-
p.1
PACE aAa3
I of2
Dec 20 05 10:25e P|-il1HOVERSTEN (970)
trrttr3UllJnllt P.2
P^T a3tt3
S?ATEOFCOIORADO
COUI{TYOFEAGLE
o_-,. -Subscribcd and snon to beforc rrc this ,r.o ^rn^^__raiUpHowrurerl - .dryof Dccober2o05,by
Ndaypubtic
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Pos'r OFIG Bor 269014
Itrxo, TlsAs 750269014
November 18,2005
Town of Vail
Design Review Board
Attn: Bill Gibson
75 S. Frontage Road
Vail, Colorado 81557
Re: 95 Forest Road
To the Board:
I am the owner of 85 Beaver Dam Road, wtrich is the residence located
adjacent to the subject property. It is my understanding that the appli-
cant intends to build a separate residence on the lower halfofthis lot
which would be accessed from Beaver Dam Road. This new residence
will have a direct negative impact on my enjoSment of my home, and
will certainly reduce its value.
In additiot! I am concerned as to the precedent set by this proposed
development. What i$ to keep the owners of every lot in this
neighborhood from doing the same thing which is in essence splitting
their property into two separate lots? This will completely change the
character ofthis beautiful area and I strongly urge you to deny this
proposal.
Sincerely,G*W
Ross Perot
RP/bc
Cc: James R Weaq Esq.
Harry Frarnpton
TRANSMITIAT
Dote:
lo:
From:
Project:
Subject:
Enclosed:
11t14t2@5
Bill Gibson (97q 47q.2173
Town of Voll
MichoelSumon, AIA
Ryon Resldence, Lot 32, Block 7, Voil Villoge 'lst Flllng
Seporotion Request Informqtion
Plong Summory, ond Supporttng informotlon for Seporolion Request
143 East Meadow Drivc
Suitc 300
Vail, CO 81657
michael @sumanarchitccl.com
970.479.75U2
f 970.479.75rr
m 970.{ll.5l?2
\
SUMAN ARCIttTCCt
11/12t200s
Bill Gibson
Town of Voil
.970) 479-2t73
Deor Bill,
Below is o Zoning Anolysis for Lot 32, Porcel7 , Voil Villoge I si Filing including colculotions for
existing conditions bosed on TOV record drowings ond site confirmolions. This reinforces the
opproprioteness of o seporotion between the primory qnd secondqry units.
Loi Size:
Zoning:
Setbqcks:
Height:
Sile Coveroge:
GRFA Allowoble:
.5525 ocre =24,067 sq.ft.
Primory/Secondory
20'Front
l5'Sides
l5'Reor
33'Sloped Roofs
30' Flqf Roofs
4,813.4 sq.tt. (2M of Lol oreo)
3,610.0 sq. ft. (15% of Lol oreo)
Existing Site Coveroge= 2,645 sq. ft.
4,600 sq. fl. (10,000 sq. ft./100 x 46)
1,900 sq. fi. (5,000 sq. fi./I00 x 38)
1.179 sq. ft. 19.067 sq. ft./100 x l3)
7,679 sq.tl. GRFA Allowed per lot slze.
3,072 sq. ft. Mox. GRFA Allowed for Secondory (40fr)
GRFA Exig Primory: 2,053 sq. ft. Lower Level
2,452sq.tI. Moin Level
1.420 so. ft. Uooer Level
5,925 sq. ft. Gross GRFA exisling tor Primory
960.8 so. ff. Esfimoted Bosemenf Credif
4,964 sq. fl. GRFA of exlsllng Primory unlf
2,715 3q. ft GRFA Avqllqble for Secondory Unlf
Goroge Spoces: (2) Spoces @ 300 sq. ft. eoch for eoch Dwelling Unit
143 East Meadow Drive
Suite 300
Vail, CO 81657
michael@sumanarchit€ct.com
970.479.7502 f 970.479.75rr n 970.471.6122
At€||rrlGt
Wth the seporotion opprovol, we inlend to build o 2,700 squore foof (roughly) secondory
unil with o lwo cor goroge from the Beover Dom side of the lot os shown in lhe enclosed
Proposed Site Plon. The new unit will be roughly 1,900 squore feet of site coveroge.
Thonk you,
^t\
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Michoel Sumon. AIA
143 East Meadow Drivc
suitc 3oo
vail, CO 81657
michael@gumanarchitect.com
v70.479.7502
f no.479.7srr
m 970.471.6122
I
I
SUMAN
ANCHITECT
November 12,2m5
Lot 32, Block 7
Voil Villoge lst Filing
95 Forest Roqd
RE: The re-opprovol of o seporotion request for Lot 32, Block 7, Voil Villoge l"t Filing,
l. Descripllon of Seporolion Requesl
The opplicont is the owner of Lot 32, Block 7, Voil Villoge l"t filing, which is locqted ot 95 Forest Rood
ond ls bordered to the north by Beover Dom Roqd. the property is zoned Two-Fomily
Primory/Secondory Residentiol ond hos o prlmory unit presently existing on the site. Ihis primory unit
is occessed from Forest Rood. Due to the presence of significont site constroints, the opplicont is
requesting the re-opprovol of o seporotion request thot would ollow o secondory unit tobe
constructed on the north side of the property with occes coming from Beover Dom Rood.
2. Hislory ond Bockgrouncl
A seporotion request wos opproved for Lot 32 on 6/7 /95 by the Town of Voil Design Review
Boord(DRB) to qvoid on existing group of old groMh trees; to ovoid the noturol drolnoge course
olong the eost side of the property line; ond to most sensitively monoge the greoter thon 40% slope
of the site. Enclosed for reference is the originol Site Development Plon doted 5/ l /95 ond DRB
oction form doted 6/7 195 Gxhibit A), At the time the request wos opproved there wos o different
structure on the site thon presently exisis, which posed procticol difficultles for connecting the
primory ond secondory units.
Further into the development of the project it wos decided to roise the existing primory unit qnd
construct o new one in it's ploce. On 8/6/98 the Town of Voll Plonnlng Stoff opproved on extension
of the previously-opproved seporotlon request, Enclosed for reference is the Design Review Action
Form doted 8/6/98 (Exhibit B). The finol proposol incorporoted o new primory residence locoted
where the previous structure existed, ond o seporoted secondory residence on the north side of
the property.
3. Anolysis ot Proposol
The site constroints on Lot 32 for the previously-opproved seporotion request still exist. In foct, the
new primory residence thot reploced the orlginol structure creotes even more procticol difficulties
in site plonning due to it's locotion.
Connectlon Scenorios (reference Proposed Slte Plon Al.0)
West ond South
the existing primory residence is locoted olong the west ond south setbock lines. Therefore, it is
impossible to connect the new secondory residence in these oreqs,
East
On the eost side of the existing primory residence there ore moture stonds of trees; o noturql
droinoge course; grodes overoging 50% in slope; retoining wqlls; ond lqck of buildoble oreo within
michael @ sumanarchitect.com
143 East Meadow Drive
Suite 300
Vail. CO 81657
970.479.7502
f 970.4't9.75rr
m 970.471.6122
' SUMAN
ARCHITECT
ihe eost setbock line. These slte constroints moke it improcticol to connect to the eost side of the
existing primory residence.
North
On the north side of the existing primory residence there ore mofure evergreen trees ond grodes
ronging between 4G50% in slope. lt is physicolly posible to connect the secondory residence to
the north side, but procticolly imposlble bosed on occess. Becouse of the site constrqints on the
west, south qnd eost of the existing residence os outlined obove, the occess drive to the
porking/goroge of the new secondory residence must come off Beover Dom Rood.
As illusiroted with o heovy blue line in the Proposed Site Section Al .1, the steepest entry drivewqy
ollowed by the Development Stondords goins opproximotely 13'-0" of elevotion from Beover Dom
Rood to the physicol connection zone. This is opproximotely 40'-0" below where the procticol
locotion of the connected secondory residence should be locoted to fit the site. The shoded oreo
represents the excovotlon thot would occur in order to cut the entry drive bock to the physicol
connection zone. Therefore, connection on the north side of the existing primory residence is
procticolly impossible.
The opprovol of the seporotlon request ollows the new secondory residence to most sensitively
integrote with the existing site conditions. The current proposol ls bosed on the criterio of the
previously-opproved seporotion request site developmeni plon with slgnificqnt improvements:
o, The opplicont hos involved on orborist in order to protect os mony heolthy trees os possible.
b. Using the enclosed orborist report, o poth for the drivewoy wos identified with trovel oround
heolthy trees ond through deod ones.
c. The conopy olong Beover Dom Rood is protected by mointoinlng the trees olong the rood.
d, The proposed drivewoy meets Development Stondords, while minimizing retoinoge.
e. The proposed drivewoy ollows the house to sit higher on the site, thus minimilng visuol
impoct olong Beover Dom Rood,
f. The goroge is buried in the ground offording o gorden roof ond minimol site impoct.
g. The house is nestled into o cleoring in the middle of the site to mointqin trees qnd minimize
site impoct.
h. Soil noiling will be used to reduce site disturbonce.
lhe orchitecture of the proposed secondory residence is illustroted on Al .2. lt drqws from the
moteriols ond forms of the existing primory residence so thot the two structures ore unified. The
scole ond ottention to detoiling support the level of quolity consistent with this neighborhood.
The seporotion request on Lot 32 reinforces ond fits the chorocter of the neighborhood. lhe Portiol
Town of Voil Mop (Exhibit C), illustrotes the predominonce of subdivided properfy qreo between
roqds in the Vqil Villoge lsr ond 3td fllings neighborhood. The seporotion of structures on Lot 32 will
be on extension of this chorocter.
michael @ sumanarchitect.com
143 East Meadow Drive 97 0.4'19.7 5O2
Suite 300 f 970.479.7511
Vail, CO 81657 m 970.471.6122
SUMAN
ARCHITECI
4. Approvol Cdledo
Ihe opplicont is requesting the re-opprovol of the previously-opproved seporotion request for Lot
32 bosed on the followlng criterio:
A. A seporotion request hos olreody been opproved ond extended for Lot 32.
B. Ihe significont site constroints identified in the originol seporotion request still exist,
including some oddltions,
C. lhere ore procticol dlfficulties with ony form of connectlon between the existing prlmory
residence ond o new secondory resldence.
D. The re-opprovol of the seporotion request for Lot 32 will ollow the inlegrotion of o
secondory residence thot minimizes site impoct mqintqins the most trees; ond unifies
the site,
E. The seporotion request ollows the property to be consistent with the existing chorocter
of the neighborhood,
michael @ sumanarchitect.com
143 East Meadow Drive 9'10.479.7502
Suite 300 f 970.479.7511
Vail. CO 81657 m 970.471.6122
TOWN OF VAIL aq6trA
Category Number
Proiect Name:
Euilding Name:
AL
Proiect Description:
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Legal Description; t-ot 3 Z erock-Z- subdivision Vil( 4,ffif+ e* ZoneDisrricr f6
4 5 Feiv={ ,Q*od Projec{ Street Address, 4
CommBnts:
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mononoy:. So.(L{ &f'c,ncrf 4*t Vote:
semnded oy: (]r eq fu?tFLf-
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3.fuproval
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J Slat{ Approval
Conditions:
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LOT 32
PI.IIIARY/ SECONDAI.Y SILIT
PTOPOSAL. VAIL VILLAGE, CO.
ii'l'"'
uesrgn Review Actron Form affiro
TOWN OF VAIL
ProjcctNomc: Hrlversonprinrar/Secondarl
ho.icct Dcscriprion: Ertensionofpreviousry-approverr sepa*rion request
Owncr Addrcsr and Phonc: IQrin Hillhouse (er al), ]500 Lorvell sr. Nly, wash DC t0016
Architcct"f'ontfict. Addrtss and Phone: Tim Drisko, 14f, E. Ivleadorv llrivc #4gg, l,ail ,t76-00?^i
Projeo Streer Address:95 Forest Road
Lcgal Description: Lot 32. tllock 7. Vail Village First liling
Parccl Numbcr:Building Narnc:
Commenrs: Application extended until August 6, lggg.
Motion by:
Secoodcd by:
Vote:
Condilions:
Town Planncr: Brent \Vilson
I)ale: August 6, lggE
f : I l l RYt )\ l' llR t{ v\ Fl'Rt )\' ru-.lxiH.\ LVtiR Sr } t (,
Board / Staff Action
Action: steff approved
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t) if this ertension is norractcd upgTrthg appricution will.bc subject ro revierv by rhe Design Reviov Board before anoiher crterislon rs granted.
DRB Fee Prc-Paid: $0.00
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Bill Gibson
Town of Voil
l979l 479-2173
RE: 95 Forest Rood
Deor Bill.
I hove visited the primory residence oi 95 Forest Rood to confirm there is not o Secondory
Dwelling Unit os defined by hoving seporote ond permonenf provisions for cooking. Pleose
find ihe enclosed photogroph ond plon documenting the existing condiiions. As is
illusiroted, there is o smoll under-counter refrigerotor, microwove oven ond sink thol moke-
up o wel bor oreo only within the Guest Suite. This qs-built condition differs from whot is in
the Town of Voil's record sel of opproved drowings doted 611199. Therefore, the Town of
Vqil files for 95 Forest Rood should be updoted to reflect lhe cunenf existence of only one
dwelling unit on lhis property.
143 East Meadow Drive
Suite 300
Vail, CO 81657
michael@sumanarchitect.com
970.479.7502
f 9'10.479.75t1 n 97O.471.6122
rk, r'9,O. 9o4606 . ilait, Cofarato 87658 .'970) 926-3594
November 7,2005
Mr. Michael Suman
143 E. Meadow Drive, #300
Vail, CO 81657
Re: Tree Report, 95 Forest Road, Vail
DearMike,
On Wednesday, October 26,2005,I evaluated a portion of the tees at 95 Forest Road.
This report will document my findings, provide you with tree preservation guidelines,
and present my recommendations,
Assignment
l) Evaluate the condition of existing trees which are in close proximity to the
proposed house.
2) Identify dead hees and determine to what extent live existing live tees are at risk
of future attack by insectVpathogens.
3) Evaluate impacts of the proposed driveway connecting to Beaver Dam Road.
4) Present tree preservation guidelines for use during the planning and construction
phases ofthe project.
Observations & Discussion
The site contains mostly large mature conifers. The principle species is Blue spruce,
followed by Lodgepole pine and Subalpine fir, in order of prevalence. The majority of
trees have not had any major impacts, with the following exceptions:
Past disturbances
o Adjacent to Beaver Dam road, tree #22Chas received and continues to receive
heavy mechanical impacts to the north trunk and buttress roots. See "Attachment
D". Use of sounding (striking with a mallet to determine wood density) revealed
decay in the northeast trunk quadrant. Further testing by increment boring the
trunk at a 4-ft height revealed at least a l0-inches section ofsolid wood.
o Previous machinery activity in the center of the lot has caused buttress root
damage and moderate-to-sigrrificant damage to the basal bark of trees #23,#24 &
#25. Construction wounds at the base revealed the loss ofbark amounting to 30o
trunk circumference on tree #23 and 70Vo on tree #24. and numerous root collar
tears on tree#25.
.t
S\Gl-/.ll llq"A\
Mart Stlllc
ffi
'IIEMBEN
Tree #4 is a small dwarfed pine that lost its apical leader (topmost shoot) several
years ago.
Locatedjust below the upper existing house, tree #9 exhibits excess fill buildup
from prior construction.
This lot contains a total of 6 dead hee stems (3 spruce and 3 pines). Causal agents
are Pine engraver beetle (Ips pini) in the pines and suspected root disease in the
spruces. All 6 dead trees are flagged with orange "Killer Tree" ribbon.
Tree Inventory
A total of 25 tees are inventoried (see Attachment A). These trees are flagged with a
heavy duty, l-inch wide, green ribbon. The date, tree #, species, trunk diameter, and
dripline radius are all written on the ribbon.
Surveying inconsistencies:
After reviewingthe 10/28/05 suwey by Eagle Valley Surveying, I had to make
another site visit to rectifr the discrepancies between their records and my initial site
notes. My I l-06-05 follow-up site visit confirmed the accuracy of my initial site
notes. Here are the deficiencies in the survey:o Some, but not all of the dead hees were plotted. All 3 dead pine were plotted by
the surveyors. However, none of the 3 dead spruce stems were plotted. See
"Attachment D".. Tree # 19, measuring as one of the largest trees on the property, and a pivotal tree
concerning the driveway placement, was not plotted on the survey. Accordingly, I
hand-plotted #19 in its approximate location on the map.
lnsects & Diseases
Mountain pine beetle (Dendroctonus ponderosae); abbreviated as MPB.
The inventoried pines showed no sign of present or past MPB activity. However, the
majority of the massive mountainside browning of conifers above Vail is the result of
epidemic levels of MPB attack on Iodgepole pines. MPB has actively attacked
lodgepole pines throughout the neighborhood over the last few years, and the pines on
this property are highly susceptible.
Spruce beetle (Dendroctonus rufipewzrs); abbreviated as SB.
The inventoried spruces show no sign of present or past SB activity. SB only attacks
trees from the Picea genus (spruce species). In Eagle County, this insect is present
only in endemic levels. At this point in time, the risk of the mature spruce on this
property becoming attacked by SB is relatively low. However, the threat of future
attack does exist.
Page 2 of5
Engraver beetles (Ips spp.)
Pines: Whereas MPB is a primary invader of pines, in this region lpsprzi is generally
a less virulent secondary invader. Ips pini often attacks smaller, understory and
suppressed pines. It is also common to see attack initiating in the tree top, only killing
the top. However, on this site, the 3 pines exhibiting attack resulting in death of the
whole tree.
Spruce: Although spruce is susceptible to its own species of engraver beetle (Ips
hunteri), the presence of this insect in westem Eagle County is very rare. The 3 dead
spruces on the site did not exhibit any signs of this bark beetle. However, a definitive
diagnosis can not be obtained until the trees are felled, in order to inspect the tops.
Root disease
Conifers on this site are susceptible to a whole host of parasitic root diseases.
Although root disease is the suspected cause of death in the 3 spmces on this site, no
fructification (Auitiug bodies) was detected. Further testing by lab analysis was not
performed, since it is generally not practical to attempt control of soil-borne
pathogens.
Needle scale
Needle scale is a small armored scale insect that feeds on needles. ln recent years,
conifers in this neighborhood have seen an explosion ofneedle scale populations.
While this insect generally does not kill a tree, heavy populations can significantly
defoliate the crown, resulting in a sparse and seedy appearance. The intensity of
infection on this site ranges from moderate to heavy.
Proposed driveway
As I understand, the proposed driveway will run between hees #21 A,, with the
proposal to save both trees. The width between these trees, along a fairly steep grade, is
24 feet from root collar to root collar. Tree # 2l is by far, the larger and healthier ofthe
two trees. Unfortunately, tree # 21, being on the uphill side, would also undergo the most
root loss. When faced with these parameters, I generally recommend removing the
weaker tree to lessen the impact to the healthier tree. A better idea of the impacts to these
trees is gained by exploratory excavation before site plans are finalized.
Construction disturbance limits
For planning pu{poses, a tree's dripline is generally used as the limit of construction
disturbance. However, there are a number of factors suggesting thal a tree's dripline may
not be a sufficient limit to avoid irreversible hee decline and loss of structural stability.r The heights ofthese trees are above average. Due to additional wind leverage, the
health of lateral roots and associated sinker roots becomes more critical to
stability.
r The larger size of buttress roots on this site implies that surface root diameters at
the dripline will be larger than normal.
Page 3 of5
. Lastly, and perhaps most significant, is the fact that ruurow crown diameters
(resultant from greater tree density) on this site do not accurately reflect the
critical root zone. In many cases, the critical root zone extends 1.5 times the drip
radius. Saving the critical root zone gives the tree a reasonable chance of survival.
Gonclusion
Structurally weak trees
Dead trees: All 6 dead trees should be removed before any work is initiated on site.
Tree#22C, has been weakened by past abuse. However, test results revealed that
removal is not justified at this time.
Tree#23 exhibits a 30% (circumference) trunk wound at the base, but this alone does
not justi$ removal. However, if exploratory.excavation reveals sigrrificant root loss
as well, possible removal will need to be re-assessed.
Tree #24 exhibits a 70% (circumference) trunk wound at t}re base. This extent of
damage on the windward side justifies removal.
Trce ll25 exhibits numerous machinery-related gouges to the windward root collar.
The tree also exhibits a genetic defect at a 50-ft height referred to as included bark
with codominant stems. This defect predisposes this hee to wind-related structural
failure.
Tree inventory, map & survey
Locations of trees are depicted on the map in "Attachment D". Iaventory details are
listed in "Attachment A". Tree #19 is missing from the 10/28105 survey.
Insects & Spraying
The presence ofneedle scale in the foliage ofall conifers and the threat ofbark beetle
attack justifies the start of an annual tree spraying program.
Driveway lmpacts & disturbance limits
Given the extent of slope and the close proximity of large trees, the proposed
driveway may have sigrificant long-term impacts upon adjacent hees. Limits of
disturbance amounting to 1.5 times the drip radius would not allow for driveway
conshuction. Exploratory excavation will shed more light on the most reasonable
location for tle driveway and whether any associated trees are recommended for
removal.
Page 4 of5
Tree preservation guidelines
If long-term tree preservation is a priority, the guidelines are an important document
for the construction company to follow and should be a part of the conhact. See
"Attachment 8".
Recommendations
1) Remove 6 dead trees, tree #24, and tree#25.
2) Carefully remove (hand-shoveling by laborers) all excess fill within the dripline
of tree #9.
3) Eagle Valley Surveying should add hee #19 and accurately plot its location.
4) Contact annual preventive spraying for botJr Spruce beetle (May l5s deadline)
and Mountain Pine Beetle (July lst deadline). Conhact treatnent spray for needle
scale (window ofJune l" to June l5*)
5) Prior to designing driveway, schedule exploratory excavation to determine
acceptable limits of disturbance.
6) Prior desigrring size and dimensions ofhouse and hardscapes, schedule
exploratory excavation adjacent to critical "save" trees.
7) Retain a consulting arborist throughout the pre-construction, construction and
landscape constnrction phases. Monitoring the excavation phase is particulady
critical.
If you or the property owner need clarification of this report or have any further
questions, I will look forward to your call. I look forward to assisting you with tree
management issues throughout all phases of this project.
Sincerely,
Mark Stelle, Registered Consulting Arborist
Enclosures
Attachment A: Tree inventory (l page)
Attachment B; Tree Preservation Guidelines (4 pages)
Attachment C: Limiting Conditions (1 page)
Attachment D: Site map (1 page)
Page 5 of5
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Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2005
ROOT ZONE PROTECTION
Protection of the critical root zone is essential to insure long-term health and survival of
the tree. Soil compaction can be just as damaging as root cutting and root removal. To
protect the critical root zone from excavation and compaction, a fence should be erected
before the onset of any topsoil removal from the site. The will provide a much needed
physical barrier throughout the construction and landscape construction process. This
physical barrier protects against adverse impacts such as excavation, trenching,
machinery traffic, and attempts to temporarily store building materials.
Fencing:
An improperly installed free protection fence is as good as no fence at all.
Specifications are as follows: The fence should be installed at the dripline of all save-
trees, a minimum of 6' tall, and installed with "T" posts on 4' centers. The fence
should remain, undisturbed throughout general construction and initial landscape
construction.
Fencing Alternative:
Should the fence require temporary disassembly for temporary access, a consulting
arborist should be contacted to approve alternative trunl</root protection. The trunk
can then be protected as specified in the "Trunk Protection" segment of this report.
Mulching:
If not already mulched, all save-trees should be mulched before initial site excavation.
The mulch layer should be 3" to 4" thick and cover the entire critical root zone (from
the trunk to the dripline). The material can be wood chips, bark, or straw. Benefits are
as follows:. Reduce evaporation of ground moisture.. Reduce eroding effects of supplemental water.r Moderate soil temperature.e Mitigate soil compaction.o Recycle trace amounts of nutrients (only a benefit of organic mulch).
Construction Material Storage & Dumping:
The critical root zone (area within dripline) should be void of stored materials. In
addition, storage (even temporary) of any fueVoil containers, or other chemical
contaminants within 20 feet of the dripline of any significant save-tree should be
strictly prohibited. Once spilled liquids contaminate the root zone, remedial leaching
procedures become extremely expensive and chemical uptake by the root system
often results in irreversible tree decline.
Page I of4
Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2005
TRUNK & BRANCH PROTECTION
All hee trunks that are subject to runaway boulders or scraping from machinery should be
encircled with straw bales. The bales should be positioned vertically around the entire
trunk perimeter and tightly bound with twine. Under no circumstances should wire/string
encircle the hunk directly against the tree bark. Straw bales will also protect any exposed
root collarst.
Where possible all branches adjacent to constant machinery haffic should be identified
by the general contractor/excavating contractor and pruned or tied out of harms way by
an arborist. The tree inventory identifies several trees on this project that need
professional pruning to allow for vehicle access and minimize unwanted branch tearing.
EXCAVATION
When removing topsoil, to the extent possible, all excavation adjacent to the root zone
should be cut radially away from the trunk. The operator's machine should always be
facing the trunk when the shovel severs the root. This procedure minimizes damage to the
residual root system.
Exploratory Excavation:
This is a procedure for determining the actual location, size, and volume of roots
before the excavator operator disturbs topsoil adjacent to the dripline ofa significant
save-tree. This procedure must be monitored by a consulting arborist.
Root pruning:
Prior to machine excavation cuts, a pre-excavation hand-dug hench will reveal
critical artery roots which can be sawn by hand to minimize damage to the residual
root system. Onsite monitoring and root pruning by a consulting arborist is suggested
at this point. Any time a soil cut remains exposed to the sun for an extended period,
the cut should be covered with a porous protective barrier such as landscape fabric,
burlap, or plywood.
Tree & Stump Removal:
Trees scheduled for removal that located adjacent to the dripline ofsave-trees should
not be toppled by an excavator. Rather, removal-trees located adjacent to save-tees
should be felled by an experienced arborist, and the stumps should be sawn flush to
the ground or treated with a stump grinder, leaving the stump's root wad2 and
adjacent save-hee roots undisturbed.
rRoot collar (root flare or root crown) - A point at fiee base where the roots and fiulk merge.
'Root wad - The mass of soil and large structural roots immediately below the trunk.
Page2 of 4
Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2005
Excess Soil Storage:
Excess soil should not be stored (even temporarily) within the dripline of any save-
tree. The adverse effects ofthis excess soil are as follows:o Compaction irreparably damages the critical root zone by inhibiting critical gas
exchange and water percolation.
o Compaction often kills beneficial soil microbes that are associated with root
health.
r The cleanup process of removing excess soil by machines often inffoduces further
physical damage to surface roots.
If temporary placement of fill soil within the dripline of a tree becomes absolutely
unavoidable, there are two prudent protective measures.o Encircle the trunk with vertically place straw bales.r Cover entire area inside the dripline with landscape fabric prior to adding fill dirt.
Aeration System:
If permanently adding extra soil over the root zone becomes an unavoidable option,
an adequate aeration system should first be designed and installed under the guidance
of a consulting arborist. Once an aeration system and trunk protection has been
installed, the excavator may cornmence with the addition of fill dirt.
SoilRetention:
Any time a proposed excavation cut and the associated over-cut would violate the
dripline, vertical shoring such as soil nailing should be considered.
Water Stress Mitigation:
A tree on a construction site can become water-stressed from several influences.o Physical root damage or destruction.. Increased exposure from the drying effects of sun upon soil and foliage.r Reduced availability of ground water, due to the wicking effects of an exposed
hillside excavation cut.r Soil compaction can adversely affect the availability of rainwater.
Supplemental Watering:
Supplemental watering of all critical save-trees during this construction project
should be scheduled. Prior to initial excavation, a supplemental water source should
be secured. If hydrant water is not immediately available on the site prior to
construction, a water truck should be scheduled.
Page 3 of4
Attachment B
Tree Preservation Guidelines - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2005
Water Frequency and Volume:
This is a customized program which varies greatly between each tee depending upon
size, slope, exposure, and weather pattems of a given month. Specific needs must be
monitored by the consulting arborist at the time of initial excavation.
SUBCONTRACTOR BI DDI NG SPECI FICATIONS
The roles of a consulting arboist are to review proposed impacts to save-tree candidates,
provide guidance, and to monitor (dependant upon the project budget) constuction
impacts. The creation of tree preservation guidelines is an important step in a tree
preservation program. However, the people truly hired to save trees are the contractors
and subconhactors who are onsite every day.
In addition to denoting on all future site plans the physical location of the hee protection
fence, the bidding prospectus for all subcontractors, particularly excavators, should
clearly reference the "off limits" tree protection zone. This is absolutely essential since
the positioning of the fence limits the size of machinery allowable, the access for
backfilling, scaffolding sizg and general working space between the structure and
the tree dripline. Subcontractors must understand that the tree protection fence must
remain unaltered throughout the construction and landscape consfuction process.
Page 4 of 4
Attachment C
Suman Report
November 7,2005
Assumptions & Limiting Conditions
1. Due to the limitations of the assignment, not all trees on this site were evaluated. The
only trees evaluated were those within the corridors identified by Mike Suman on
October 6,2005 and numbered on the map "Attachment D" of this report.
2. The scope of this report is limited to the trees and conditions specifically mentioned
in this report. Mark Stelle (consultant) and Precision Tree Works assume no liability
for the failure oftrees or parts oftrees, either inspected or otherwise. The consultant
assumes no responsibility to report on the conditions of any tree not specifically
requested by the named client.
3. All inspections were limited to visual examination of accessible parts, without
climbing, dissection, excavation, probing, boring or other invasive procedures, unless
otherwise noted in the report.
4. There is no warranty or guarantee, expressed or implied, that further problems or
deficiencies of residual trees may not arise in the future.
5. Arborists cannot detect every condition that could possibly lead to the structural
failure of a tree. Trees are living organisms that fail in ways we do not fully
understand. Conditions are often hidden within trees and below ground. Arborists
cannot guarantee that a tree will be healthy or safe under all circumstances, or for a
specified period of time. Likewise, remedial treatments, like any medicine, cannot be
guaranteed.
6. Trees can be managed, but they cannot be controlled. To live near trees is to accept
some degree of risk. The only way to eliminate all risk associated with tees is to
eliminate all trees.
7. Loss or alteration of any part of this report invalidates the entire report.
Page I of I
Attachment D
Site Map Tree Number Designations - Suman Report
By Mark Stelle, Registered Consulting Arborist
November 7,2005
'i! Frl
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East'West Partners
October 21.2005
Town of Vail
Design Review Board
Attn. Bill Gibson
75 S. Frontage Rd.
Vail, CO 81657
Re: 95 Forest Road - Lot 32. Block 7. Vail Village First Filine
To the Board:
I live at 14 Bdaver Dam Road - Lot 34, arrd I have serious concems about the
proposal for the above-referenced properry.
It is my understanding that this property, like all properties in the neighborhood,
is zoned primary-secondary. Because of certain "site conditions" recited by the
applican! it is proposed that there be a separation ofthe dwelling units on this property.
This would in essence create two single family homes on this property and divide it into
two lots, one with access to Forest Road and one with access to Beaver Dam Road.
Based on today's real estate market, this would be hugely profitable for the owner of that
property. In addition, this would set a precedent that could easily lead to a dramatic
change in these neighborhoods. Developers would buy up these properties and split them
into two single family lots.
If you look at the original intent of the primary/secondary zone district set forth in
the Town Code, you can see that it was intended for either a single family dwelling or a
primary unit with a "smaller caretaker's aparhnent". Years ago, because of the dynamic
growth in real estate values, the concep of a "smaller caretaker unit" went away and now
we have several two family, second home, expensive attached units. If the town now
allows separations between these units to freely occur, this hend will be further
encouraged and expanded, and we would move even further away from the Code's
original intent.
I am aware that a separation request was approved fo, tfri, property in the past.
However, that approval expired. The Design Review Board has the right, and the
100 EAST THOMAS PLACE r PO. DRA\(ER 2770 . AVON, COLORADO 81620
pHoNE 970.84t.9200 FAX 970.845.7205
October 21,2005
Page Two
obligation, to take a fresh look at this proposal. Real estate values in this area have
soared since the original approval was ganted and, as I have previously mentioned, this
approval could have unintended consequences and set a dangerous precedent. I would
urge you to apply the most stringent requirements before approving a separation such as
this. The applicant must clearly demonstrate that building attached units is not feasible. I
do not believe the applicant has met that burden in this instance and I stongly urge you
to deny this request.
lr-
JamesR Wear
Richard D. Travers
Russ Forest
Stan Zemler
Very tuly yours,
Harry H. Frbpton,III
SUMAN ancHttgcr
9t2v2@5
Elisobeth Eckel
. Town of Voil
(97O) 479-24U
Deor Elisobeth,
Below is o Zoning Anolysis for Lot 32, Porcel 7, Voll Villoge lst Filing Including colculotions for
existing condifions. this reinforces the opproprioteness of o seporotlon between the primory
ond secondory unlts.
Lot Size: .5525 ocre =24,067 sq.ft.
Zonlng: Prlmory/Secondory
Setbocks: 2O'Front
l5'Sides
l5'Reqr
Height: 33'Sloped Roofs
30' Flot Roofs
Slte Coveroge: 4,813.4 sq, ft. (20% of Lot oreo)
Existing Site Coveroge= 2,708 sq, ft,
Sile Cover Avoiloble = 2,105.4 sq. fl.
GRFAAllowoble: 4.600sq.ft. (l0,0msq.ft./l@x46)
1.900 sq. ft. (5,000 sq. ft./l00 x 38)
1.179 so. ft. (9.067 so. ft./I0 x l3)
7,679 sq. fl. GRFA Allowed per lol slze
3,072 sq. ft. Mox. GRFA Allowed for Secondory (40%)
GRFA Extg Primory: 2,053 sq. ft. Lower Level
2,452sq.fi. Moln Level
1.420 so. ft. Uooer Level
5,925 sq. ft. Gros GRFA existing for Primory
9&.8 so. ft. Colculoted Bosement Credit
4,964 sq. lL Acluol GRFA ol exisling Pdmory unil
2,715 sq. fl GRFA Avolloble for Secondory Unif
Goroge Spoces: (2) Spoces @ 300 sq. tt. eoch for eoch Dwelling Unlt
143 East Meadow Drive
Suite 300
vail, CO 81657
michael @ sumanarchitect.com
970.n9.7502
f 970.479.751r
n 97O.471.6122
SUMAN
RCHITECT
Wth the seporotlon opprovol, we intend to build o 2700 squore foot(roughly) secondory
unlt wlth o two cor goroge fiom the Beover Dom side of the lot os sfrown in the enclosed
Proposed Site Plon. the new unit will be roughly 2,fi)0 squore feet of site coveroge,
Ihonk you.
^4.
-t^a .-.,
ttl.-l
\t
Mlchoel Sumon, AIA
143 East Meadow Drive
Suite 300
Vail. CO 81657
michael @ sumanarchitect.com
n0.479.75U2
f 970.479.75rr n 970.471.6122
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 11,'1999
SUBJECT: A request for a conditional use permit to allow for a Type ll employee housing
unit located at 95 Forest Road / Lot 32, Block 7, Vail Village First Filing.
Applicant Philip Hoversten represented by Snowdon & Hopkins Architects Plannen Jeff Hunt / Brent Wilson
I. DESCRIPTION OF THE PROPOSED USE
In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series
ot 1992, to create Chapter 12-13 (Employee Housing) which provides for the addition of
Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts.
The definition in that ordinance states:
Section 12-2-2
"Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be
leased or rented for any period less than thirty (30) consecutive days, and shall
be rented only to tenants who are full-time employees of Eagle County. EHUs
shall be allowed in certain zone districts as set forth in Sestion 12-13 of this
Code. Development standards for EHUs shall be as provided in 12-13 -
Employee Housing. For the purposes of this Section, a full-time employee shall
mean a person who works a minimum of an average of thirty (30) hours per
week. There shall be five (5) categories of EHUs: Type l, Type ll, Type lll, Type
lV, and Type V. Provisions relating to each type of EHU are set forth in Chapter
12-13 - Employee Housing of this Code."
In June of 1995, the Design Review Board granted a separation request for a proposed
primary/secondary residence on this lot. To date, construction of this new residence has not
commenced. However, due to the physical constraints existing on this lot, the Town has
granted an extension of this separation request until August of this year.
The applicant is proposing a Type ll employee housing unit on a portion of the main level of a
new primary unit. The employee housing unit will be approximately 485 square feet in size
and will include one bedroom, one bathroom, a full kitchen and living area. One enclosed
parking space will also be provided for the EHU. Despite the separation, this lot is only entitled
to one EHU and therefore the secondary unit will not be able to qualify for an EHU in the
future.
)
As described in more detail later in this memorandum, the applicant is proposing to utilize 495
square feet of the 500 square foot EHU credit allowed in conjunction with the development of
the employee housing unit.
II. ZONING ANALYSIS
Site Area:
Height:
"GRFA:
Site Coverage:
Landscaping:
Parking:
Setbacks:
Front:
Side:
Side:
Rear (frontage)
Allowed/Reouired per P/S zonino
24,067 sq. ft.
33 feet
6,007 sq. ft.
4,813 sq. ft., or 2Oo/o
14,440 sq. ft., or60% min.
7 required
Prooosed Development
Same
approx. 33 feet
approx. 6,000 sq. ft.
approx. 2,700 sq. ft.
approx. 16,600 sq. ft.
7+
20'
15'- west
15'- east
20'
20'
15'
15'
20'
'This flgure includes two 425 square foot credits plus a 500 square foot EHU credit.
III. CRITERIA AND FINDINGS
Upon review of Section 12-16 - Conditional Use Permits, the Community Development
Department recommends approval of the conditional use permit based upon the following
factors:
O Consideration of Factors:
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the factors with respect to the proposed use:
1. Relationship and impact of the use on the development obiectives of the
Town.
When the Town Council adopted the Town of Vail Affordable Housing
study on November 20, 1990, it recognized a need to increase the
supply of locals/employee housing units. The Town encourages EHUs
as a means of providing quality living conditions and expanding the
supply of employee housing for both year-round and seasonal local
residents. The proposed unit will have a positive impact on the Town's
rental housing needs.
3.
The effect of the use on lioht and air. distribution of population,
transportation facilities, utilities. schools. oarks and recreation facilities.
and other public facilities needs.
Staff believes that there will be little impact from the proposed Type ll
EHU on light, air, population, transportation, utilities, schools or parks.
Effect uoon traffic with particular reference to conqestion. automotive
and pedestrian safetv and convenience. traffic flow and control. access.
maneuverabilitv. and removal of snow from the street and parkinq areas.
One additional vehicle is anticipated in association with this EHU. Staff
feels that this would be an insignificant impact on the above.referenced
Effect upon the character of the area in which the oroposed use is to be
located. includinq the scale and bulk of the proposed use in relation to
surroundino uses.
The scale and bulk of this proposed structure is very similar to those in
existence in the sunounding neighborhood. Since the proposed
employee housing unit will be located within the primary residence, staff
believes this EHU will not significantly impact the scale and bulk of this
proJect in relation to sunounding uses.
Emolovee Housino Units mav be allowed as a conditional use in those
zone districts as specified bv Section 12-13 of the Vail Municipal Code.
Employee Housino and shall be subiect to the followino conditions:
a. lt shall be a conditional use in the Sinqle-Familv Residential, Two-
Familv Residential and Primarv/Secondarv Residential zone
districts: .
The subject property is zoned Primary/Secondary Residential.
b. lt shall be permitted onlv on lots which complv with minimum lot
size requirements of the zone district in which the lot is located.
At24,67 square feet in size, this lot meets the minimum lot size
requirements (15,000 square feet) in the Primary/Secondary zone
district.
c. lt shall be located within. or attached to. a sinole-familv dwellins
or be located within. or attached to. a two-familv dwellino
oursuant to Section 12-11-5(D - Desion Guidelines Dudlex and
Primarv/Secondarv Develooment. lt mav also be located in. or
4.
5.
attached to. an existino oaraoe provided the oaraoe is not
d.
or eliminated.
This Type ll EHU will be located within the proposed primary
residence. However, it will maintain a separate entrance and will
not be accessible from the interior of the primary or secondary
units.
It shall not be counted as a dwellinq unit for the oumoses of
calculatino densitv. However. it shall contain kitchen facilities and
a bathroom. as defined in Chaoter 12-2 - Definitions of the Vail
Municipal Code. lt shall be oermitted to be a third dwellino unit in
addition to the two dwellinq units which mav alreadv exist on the
lot. Onlv one Tvpe ll EHU shall be allowed per lot.
The proposed EHU will be a third dwelling unit on the site. lt
contains a full kitchen and full bathroom facilities.
It shall have a GRFA not less than three hundred (300) square
feet. nor more than nine hundred (900) square feet. An
applicant. however. shall be oermitted to applv to the Communitv
Development Deoartment of the Town of Vail for additional GRFA
not to exceed five hundred (500) square feet to be used in the
construstion of the EHU. The aoplicant shall submit an
application for the additional GRFA on a form provided bv the
Communitv Development Department. Aporoval or denial of the
request shall be made bv the Desion Review Board in
accordance with Sectionl2-13-5. lf an apolicant obtains Desion
Review Board approval for 500 square feet of additional GRFA
for the EHU. he or she shall not be entitled to receive additional
GRFA pursuant to Chapter 12-15 - Addrlional Gross Resrdenfia/
F/oorArea of this Code for either unit on the lot. lf an applicant
obtains Desion Review Board aporoval for not more than 250
square feet of additional GRFA for the EHU. he or she shall be
entitled to receive additional GRFA pursuant to Chapter 12-15 -
Additional Gross Residential Floor Arca of this c.ode for one
dwellino unit on the lot.
The EHU will be 485 square feet in size. The applicant has
submitted an application for 500 square feet of additional GRFA
utilizing the code provision that allows for the use of 250's "up
front" when creating a new Type ll EHU. The unused portion of
this GRFA (15 square feet) may not be allocated to the other
units. No additional 250's will be allowed on this property.
e.
It shall have no more than two bedrogms.
The proposed Type ll EHU includes one bedroom and therefore
complies with this requirement.
No more than two (2) adults and one (1) child not older than
sixteen (16) vears of aoe shall reside in a one (1) bedroom Tvpe
ll EHU. No more than two (2) adults and two (2) children not
older than sixteen (16) vears of aoe shall reside in a two (2)
bedroom Tvoe ll EHU.
Since this unit is a one-bedroom Type ll EHU, the first section of
this regulation will apply.
Each Tvpe ll EHU shall be required to have no less than one (1)
oarkino space for each bedroom located therein. However. if a
one (1) bedroom Tvoe ll EHU exceeds six hundred (600) square
feet. it shall have two (2) parkinq soaces. All oarkinq spaces
required bv this Code shall be located on the same lot or site as
the EHU. lf no dwellinq exists upon the propertv which is
prooosed for a Tvpe ll EHU at the time a buildino permit is
issued. or if an existino dwellinq is to be demolished and reolaced
bv a new dwellinq. not less than one (1) of the oarkino spaces
required bv this paraqraph shall be enclosed. A 300 square feet
GRFA credit shall be allowed for the construstion of one enclosed
parkino space for the Tvpe ll EHU.
Since this project is a demolition/rebuild, the applicant must
provide one enclosed parking space for the proposed EHU. The
plans submitted for this application show a walkway providing
direct access between the EHU and one of the enclosed parking
spaces.
Findinqs:
The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit for an Employee Housing Unit:
1. That the proposed location of the use is in accord with the purposes of
Section 12-13 (Employee Housing) and the purposes of the district in
which the site is located.
2. That the proposed location of the use and the conditions under which it
would be operated or maintained would not be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
s.
B.
3. That the proposed use would comply with each of the applicable
provisions of Sec{ion 12-18 (Conditional Use permits) of the Vail
Municipal Code.
IV. STAFF RECOMMENDATION
The Community Development Department recommends approval of this application for a Type
ll Employee Housing Unit, based on the following findings:
That the proposed location of the use is in accord with the purposes of
Section 12-13 (Employee Housing) and the purposes of the district in
which the site is located.
That the proposed location of the use and the conditions under which it
would be operated or maintained would not be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
That the proposed use would comply with each of the applicable
provisions of Section 12-18 (Conditional Use Permits) of the Vail
Municipal Code.
lf the Planning and Environmental Commission chooses to approve this application, the
Community Development Department recommends the following condition:
1. Prior to the issuance of a building permit, the applicant shall submit a
Type ll EHU deed restriction to the Town of Vail Department of
Community Development. This document will be recorded at the Eagle
County Clerk and Recorde/s Office and will require that the employee
housing unit be permanently restricted for employee housing.
Please note that under Section 12-16 of the Town of Vail Municipal Code, the approval of a
conditional use permit shall lapse and become void if a building permit is not obtained and
construction not commenced and diligently pursued toward completion, or the use for which
the approval has been granted has not commenced within two years from when the approval
becomes final.
1.
2.
3.
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r p pT 11 - ob,v frlt Cflpy
PLANNING AND ENVIRONMENTAL COMMISSION
Monday, January 11, 1999
FINAL AGENDA
Proiect Orientation / LUNCH - Communiw Develooment Department 11:00 a.m.
MEMBERS PRESENT MEMBERS ABSENT
Greg Motfet Diane Golden
John Schofield
Galen Aasland
Ann Bishop
Brian Doyon
Tom Weber
Site Visits :
1. Vail Plaza Hotel - 100 E. Meadow Drive 2. VailVillage Club-333 Bridge Street
12:30 p.m.
George
PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Chambers 2:00 p.m.
1. A request for a Type ll Employee Housing Unit at a proposed primaryisecondary
residence, located at 95 Forest Road / Lot 32, Block 7, Vail Village First Filing.
Applicant: Philip Hoversten, represented by Snowdon & Hopkins Architects Planner: Jeff Hunt
MOTION: Ann Bishop SECOND: John Schofield VOTE:6-0
APPROVED WITH 1 GONDITION:
1. Prior to the issuance of a building permit, the applicant shall submit a Type ll
EHU deed restriction to the Town of Vail Department of Community
Development. This document will be recorded at the Eagle County Clerk and
Recorder's Otfice and will require that the employee housing unit be permanently
restricted for employee housing.
Driver;
tlb; I- t,l:l
tjrtlr t -t \@z
NOTE: lf the
t
Yqfi$ 3ji1 /;
A request for a variance from Section 12-78-13, Town of Municipal Code, to allow tor the
conversion of existing floor space to gross residential floor area (GRFA), located at 333
Bridge Street (Vail Village Club)/ A portion of Lor C, Btock 2, Vait Viilage First Fiting.
fuplicant: The Remonov Company, represented by Braun & Associates Planner: Dominic Mauriello
MOTION: Galen Aasland SECOND: John Schofietd VOTE: 4-2
DENIED
3. A request for a major amendment to Special Development District #4 (Cascade Village),
to allow for a ftactional fee club and a change to the approved Development plan,
located at 1325 Westhaven Dr., Westhaven Condominium Cascade Village Area A.
Applicant: Gerald L. Wurhmann, represented by Robby Robinson Planner: George Ruther
MOTION:John Schofield SECOND:Brian Doyon VOTE: 6-0
APPROVED FOR RECOMMENDATION TO COUNCIL WrH 11 CONDITIONS:
'l . That the applicant submit a detailed contractor's cost estimate identitying the
costs necessary t0 relocate the existing overhead utility line along the applicant's
north property line underground, and that the applicant establish a financial bond
with the Town of Vail in the sum of 125oh of the said relocating costs to insure
the undergrounding of the utility line.
2. That the applicant regrade and revegetate the knoll located at the northwest
corner of the development site at the time of the final grading of the Westhaven
Glub & Lodge. Due to the exposure and aspect ot the hillside, the knoll shall be
regrading to slopes not exceeding 3:1. The regrading shall be reviewed and
approved bythe Town Engineer.
3. That the applicant provide Type lll Employee Housing Unit deed-restrictions ,
which comply with the Town of Vail Employee Housing Requirements (Title 12,
Chapter 13, of the Town of VailMunicipalCode) for each of the 21 employee
housing units, and that said deed-restricted housing be made available foi
occupancy, and that the deed restrictions be recorded at the Office of the Eagle
County Clerk & Recorder, prior to requesting a Temporary Certificate of
Occupancy for the Westhaven Club & Lodge.
4. That the applicant submit detailed civil engineering drawings of the required otf-
site improvements (street lights, drainage, curb and gutter, sidewalks, grading,
etc.) to the Town of Vail Public Works Department for review and approval prilor
to the issuance of a building permit.
5. That the applicant record a twenty toot (20') wide pedestrian/bike easement for
that plrtion of pedestrianibike path traversing the applicant's property and as
identified on the Topographic Map prepared by Intermountain Engineering Ltd.,
dal€d 1A2Ag4, and that said easement be recorded at the Office of the Eaole
County Clerk & Recorder, prior to the issuance of a building permit. The exict
location and language of the easement shall be reviewed and approved by the
Town Attorney and Town Engineer prior to recordation.
CHAPMAN, DRISKO AND BISHOR LLC
ATTORNEY5 AND COUNS€LORs AT LAW
Bruce D. Chapman
Timothy J. Drisko
Ann Reilly Bishop
Of Counsel
David F. Rock
(Admited in Colorado
and Georyia)
M. Barry Leitz
(Fedrral Tax Matters-
Admitted in Georgia)
April 10, 1994
Town Of Vail
Design Review Board
Vail, CO 81657
RE: Application for conceptual analysis by DRB for physical separation of
Primary/Secondary units due to significant site constraints.
Dear DRB,
Pursuant to section 18.54.050 | (1) "Design Guidelines" of the TOV zoning
ordinances, because of significant site constraints on lot 32, Block 7, Vail Village First
Filing, an application has been filed for a conceptual evaluation of the feasibility of
separation of the primary and secondary units.
The Halvorsons desire to sell the rights to the secondary unit on.their property.
There is existing an older home on the lot which will remain the primary side. Because of
a running stream on the east side of the existing house and rock outcroppings on the west
side of the existing house, there exists significant constraints to building an attached
secondary side to this home. Therefore we would like the DRB to look into a possible
separation of the units with an entry off Beaver Dam Road to access the secondary
unit . The existing primary side would continue to be accessed off Forest Road.
The Halvorson's architect, Steve Riden, is drafting a site plan of the proposed
secondary unit with access off Beaver Dam Road. This will be filed with you within two
days. The lot extends between Forest Road and Beaver Dam road on the south side of
the lot. There is good access off Beaver Dam Road to the proposed secondary unit.
At this time only a site plan is being presented because detailed elevations of the
proposed unit may not be necessary until there is conditional approval of the concept by
the DRB.
I will be present at the May 3, 1995 meeting to present the proposal.
*K*'
Tim Drisko
j :\wpd ocUtrstjd\d rb247 7 .'l
Telephone: (303) 476-0075 Facsimile: (303't 476-ffi78 143 East Meadow Drive, Suite 498 Vail, Colorado 81657
t.vttd altTlta
DEsrctil R^E lrEw BoAx,D Appr.,riAiror'r _ 'roror oF vArrr, coLoRADo
RI0'DAPR 101e95 DATE RECEIVED:
DATE OF DRB MEETTNG:
* *if,lrf tr *1r;i;,
t*t*!l*t***I.
h
TYPE OF REVIEW:
New ConstrucLion ($200.00) Minor Alteration ($20.00)Addirion ($50.00) x concepruat Revi er., laOi--'
ADDRESS : gq F^racr p^-.{. \rri 1 , .ir!i.,rr/{^ qt Aq?
LEGAL DESCRfpTION:
"oa !, , ,, , Uto"*t l...-subdivision vair virlaoe. F i;st-iilE -
If property is described by a rneeLs "rr. Oo,-Olil-desc-ripLion,.please providE on a separate iheet, aici at,tach to this application.
ZONING :
NAME OF
Mai ling llltrN' i--ouut""
"
,
Pnone 202_662_5432
NAME OF APPLICANT, S REPRESENTATfVE: Tin Drisro Mailing Address: Charrn?n, Drisko s E!s-
143 E. Meadow Dr.,
IiIAME OF OWNER(S): Thor Halvorson, Karin Hilthoqse, Sigrid Freeie
AWNER (S) SIGNA?ARE:
T
PROJECT INFORMATTON:
Mailing Address: 3500 LoeeU Street Nw, Washington Dc ZOOI6
APPLICAITIONS WILL NOT BE PROCESSED
Condoninium ApprovaL if applicable.
DRB FEE3 DRB fees, as shown above, are to be paid at Lhe tine of submi r. Lat of Lhe ons appliciiiorrl ' r,.c"r, when applying for a buirding permitl-ptease iaent.ify the J.irr.at..varua!ion of Lhe prooosar. rhe iown ot-viir rirr iaj"i[-rrii fee according ro itre- rau:.e uetow.-i; ;;"";; rhe correct fee is paid.
FEE SCHEDULE:
VA],UATTON
$ 0-$ 10,000 $10,001 -$ 50,000 $s0.001 -$ 150.000
$1s0.001 - $ s00,000
$500,001 : $1,000,000 $ Over $1, 000, 000
DESIGN REVIEW BOARD APPROVAII E]IPIRES APPROVNJ IJNI'ES S A BUTL,DING PERMIT TS IS STARTED.
1
rle. 1n,1_R ?_qa?.)
WITIIOAT O'{NEA ' S .9TCIVA"ARA
FEE
$ 20.00
$ s0.00
$100.00
$200. 00
$400.00
$500.00
ONE YEAR AFTER FTNAL
ISSUED AND CONSTRUCTXON
TOWN OFVAIL
Deryrtmctu of Community Devclopmen
75 South Fronage Rod
Vail. Cobrdo 81657
97&479-2138
Fp( 970-479-24s2
August 14, 1998
Ivft. Mark Cadmus
Brandess-Cadmus Real Estate
281 Brlilge Street
Vail, CO 81657
Re: Lot 32, Block 7. Vail Tillage lst Filing
Dear Mr. Cadmus,
On August 6th of ttris year, the Town of Vail Department of Community Development granted an
extensi-on of a previouily-approved separation request for the primary/secondary rcsidence
located at 95 F-orest Road. Ttris approval wa.s extended due to the physical consEaints existing on
the property and it may be transfened to a future ownQr. Please be advised, howevet, that the
extension deadlinc (Augu* 6tb, 1999) will remain in ptace regardless of owneruhip.
If I can bc of further assistance in this matter, please contact me at (970) 479-2128.
Sincercly.
9.,*',- "--{-
Brent Wilson
Planning Liaisou Officer
{g"n',.*ruo
Snowdon anO Hopfins
201 Gore Qreek Drive
Vail, Colorado 81657
970 476-220',1
FAX 476-7491
Town of Vail 1Af E8
Dept. of Community Development
100 So. Frontage Road
Vail, Colorado 81657
R.E.:Lot 32, Block 7, Vail Village First Filing (95 Forest Road)
To planning staff:
The owner of the above referenced property would like to request the
inclusion of a Type ll EHU into the plan of a proposed primary/sec-
ondary zoned property. At present, an existing dwelling(to be removed)
is located on the property. Built in the late sixties and without a garage or
reasonable square footage; the building is to be removed. In its place,
the owner is proposing(already with the PEC approval) a split primary and
secondary residence development. As part of the primary residence, the
owner is requesting a ztf!5(approximate) square foot one bedroom Type lt
EHU apartment.
As shown on the attached drawings, the EHU is an isolated unit with an
independent exterior stair. Also shown as part of the proposal is a B car
garage (allowing 1 space for dedicated interior parking per section .|8.57.020
(A) of the T.O.V. zoning code.) As part of this request is a required review and
approval b! the T.O.V, PEC.
As with other properties in the Forest Road/ Beaver Dam Road area, this
provides the property owner of the primary residence to have on-site caretaker
availability.
Consistent with the Town of Vail development objectives, this provides
for the opportunity of employee housing as part of the residential fabric
of the neighborhood. Because of the units'location on Forest Road,
it is within walking distance to most services, therefore, not burdening
the valley infrastructure. By providing both garage and on-site parking,
it allows the existing parking(in the Forest Road R.O.W.)to be removed
and improve traffic, snow removal, and pedestrian safety.
A:
B.
c.
D.
E.
LOCATION n pRroPosAL:-Lor pr-ocr-1-FILING ,
BUILDINCNAME:
ADDRESS:
ZONING:
NAME OF OWNER(S): - ,!nr:
MAILING ADDRESS:.
NAME OF REPRESENTAT
IYIAILING AoQnn-s!'
PHO
F,
G.
H.FEE . SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE' :
ST,BMIT THTS APPLICATION, ALL SIJBJVTITTAL REQUIREMEMS AND THE FEE TO THE
DEPARTMENT or i'dffiifin-irv nuv-nr'oir'rsrii is sourH FRoNTAGE RoAD'
VAIL,COLO
Rctirod &95
fuqq.gqz-
TOWN OF VAII ONSTRUCTION PERMIT AP. .ICATION FORM
INFORMATION MUST BE COIT4PLETE OR THE APPLICATION WILL BE REJECTT,D
Date:
Job Name:
Building
Orvners Name:
Architect:
Description of Job:
Pemdt #
r-Job Address:
Plumbing ( )Elecuical ( )Medanical ( )Other ( )
t WorkClass: Ner" (,|J Alteration( ) Additional( ) Repair( ) Other((u - t
Number of Dwelfing Unirc: 2
Legal Descriptioa 32 Bbck 'l rrrine uV t 's'*",o"" tA.L L.
Number"fD*"rilXi o, 2 Fni ;;,r* y/rar..Ury,ofAccommodationUnirs:. (/ (/
Number and Type of Fireplaces: Gas Ap'pliances I Au{-o5r----J-- WoodlPellet
eaon.*, lffi3 4L|d (iwJa_ twne* 1flL 3B1--_B
^a*ess:
2ot 4a< CuqL tL- pn*"* s#Zz..(
VALUATIONS
TownofvairReestationNo. /Z? - B ph^# 6+5 5b5(i Y38
Electrical Contractor:
Town of Vail Registration No.
Plumbins Contractor:
BIJILDING: s 2T7OOI Ooe ELECTRICAL: $
PLI.JMBING S----_-.--E-- MECHAMCALJ
General Contractor
Town of Vail Registration No.
Mechanicd Contractor:
Town of Vail Registration No.
OTI{ER $
TOTAL $
Address:
Phone #
Address:
Phone #
Address:
Phonc #
FOR OFFICE USE
BUILDING:
SIGNA
ZONING:
SIGI.IATURE:
Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2 r 38
FAX 970-479-2452
www.ci.vail.co.us
Memorandum
To: Legal File - Lot 32, Block 7, Vail Village First Filing
From: George Ruther, Ghief of Planning
Date: February 21,2002
Re: Development History ol the Primary/Secondary Residence
The purpose of this memorandum is to describe the recent development history of Lot 32, Block
7, Vail Village First Filing.
According lo information contained in the file, a separation request of a primary/secondary
residence was approved by the Town of Vail Design Review Board. The intent ot this request
was to save a stand of existing vegetation on the property and to allow access to the site trom
Forest Road and Beaver Dam Road. The separation request was approved in 1995. This
development configuration was never constructed. The approval has lapsed and become null and
void.
In | 999, a revised set of plans was approved by the Design Review Board. This set of plans did
not include a separated structure. lnstead, the plans showed a primary residence with a second
dwelling unit that was intended to be a Type ll EHU. A conditional use permit for this EHU had
been approved by the PEC. The conditional use permit was required and a deed restriction was
to have been recorded to allow the "third" unit on the site.
Staff has concluded that deed restriction is not required. The allowable density on the lot is two
units with the availability of a Type ll EHU. The constructed residence is a primary/secondary
residence. The third unit was never constructed. The development complies with zoning as a
primary/secondary residence. A third unit could only be constructed if a new conditional use
permit were approved and a deed restriction were recorded.
I
EECYCLED PAPER $
Town of l/ail Devel,
(
E. Duplex and Primary/Secondary Development:
l. The pu?ose of this Section is to ensure that duplex and primary/secondary
development be designed in a manner that creates an architectu'ally integratei
structure with unified site development. Dvelling units and garages shall be
designed within a single structure, except as set forth in subsection 2 below, with
the use of unified architectural and landscape design. A single structure shall have
conmon roofs and building walls that create enclosed space substantially above
grade. Unified architectural and landscape design shall include, but not be limited
to, the use of compatible building materials, architectural style, scale, roof forms,
massing, architecrural details, site grading and landscape materials and features.
2. The presence of significant site constraints may pemit the physical separarion of
units and garages on a site. The determination of whether or not a lot has
significant site constraints shall be made by the Design Review Board. Significant
site constraints shall be defined as natural featwes of a lot such as stands of matue
trees, nafu-ral drainages, stream cou,rses and other nafural water features, rock
outcroppings, wetlands, other natural features, and existing structures that may ' create practical difficulties in the site planning and development of a lot. Slope
may be considered a physical site consuaint that allows for the separation of a
garage from a unit. It shall be the applicant's responsibility to request a - detetmination from the Design Review Board as to whether or not a site has
significant site constraints before final design work on the project is presented.. This determination shall be made at a concepnral review of the proposal based on
review of the site, a detailed suvey of the lot and a preliminary site plan of the
proposed structu-re(s).
l.
The duplex and primary/secondary development may be designed to accommodate
the development of dwelling units and galages in more than one structure if the
Design Revielv Board determines that significant site sonstraints exist on the lot.
The use of rmified architectu'al and landscape design as outlined herein shall be
required for the development. In addition, the Design Review Boar-d may require
that one or more of the following corrunon design elements such as fences, walls,
patios, decks, retaining walls, walkways, landscape elements, or other architectglal
features be incorporated to create unified site development.
Outdoor Lighting:
Purpose:
Thii subsection of the design guidelines establishes standards for minimizing the
unintended and undesirable side effects of outdoor lighting while encouraging the
intended and desirable safety and aesthetic purposes of outdoor lighting. It is the
purposepf the design rcview guidelines to allow illumination which nrovides the
minimun\ amounr of lighting which is needed for rhe property on which the light
soruces are located. In addition, the purpose of this subsection is to proiect the
J.
F.
28
D
ooanfi. wtE\rELoPl/€xr
Design Review Board
ACTION FORM
Department of Comrnunity Development
75 South Frontage Road. Vai[, Colorado 81657
tel: 970.479.2139 tax:.970.479.2452
web: www.vailgov'com
Project Name: Ryan Residence DRB Number: DR8070375
Project Description:
Final review of change to approved plans (landscaping and spa terrace)
Participants:
Projct Address: 95 FOREST RD VAIL
95 FOREST ROAD / Lot 32, Block 7, Vail V
Legal Description: Lot: 32 Block: 7 Subdivision: VAIL VILLAGE RUNG 1
Parcel Number: 2101-071-1300-3
Comments:
owNER RYAN, JOHN ALEXANDER,lR & K08/02/2007
13 WISTERIA tN
COVINGTON
LA 70433
APPLICANT MICHAEL SUMAN ARCHITECI, LLC08/02/2007 Phone: 97047 L-6LZZ
PO BOX 7760
AVON
co 81520
License: C000001764
Location:
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of APProvalz 09107 12007
Cond: 8
(PI-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:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
C.ond: 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
oi iinal approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Condr CON0009315
This approval does not apply to the proposed "re-incorporation ofcrawlspaces".
o
DRB Fee Paid: $2O.OO Planner: Bill Gibson
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TOWNOFVAIL, COLORADO Statement
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Stat,ement Number; R070001-419 Amount,: $20.00 Oe/02/2OO703:15 PM
Paynent MeEhod: Check
Architect / ck 1260
Init: LT
Notation: Michael Sumabn
Permit No: DR8070375 Type: DRB-Chg Uo Appr Plans
Parcel No: 210L-071-1300-3
SiEe Address: 95 FOREST RD vAIIr
Location: 95 FoREST ROAD / Lot 32, Block z, vail v
Total Fees:
This Pa)ment :$20.00 TOTA1 AIJL PmIs :
Balance:
$20.00
$20.00
90.00
****|*f++i***+*****'**********lt+********,3**t 't*** t **tt{++*********a*r****:t:}*:t****************
ACCOTJNT ITEM LIST:
Account Code Desc ripE ion Currents Pmts
DR 00100003 112200 DESIGN REVIEW FEES 20.00
SUMAN
RCHITECT
August 2,2@7
Lot 32, Block 7
Voil Villoge 1st Filing
95 Forest Rood
RE: Chonge to Approved plons opplicotion.
Deor Bill,
Enclosed is o pockoge for the chonge to opproved plons opplicotion for the Ryon Residence,
There ore three seporote components we ore requesting the opprovol for: odditionol tree removol;
revision to the spo terroce; ond re-incorporotion of two crowlspqces impocted during the building
permit opplicotion.
l. Iree Removol
\A
^1(/As outlined in the enclosed orborist reports, we hqve two trees thot pose risk to the heolth ond
A l., o(u sofety of the pubic ond owner. As discussed in the site meeting you qttended on July I gtr', 2007, the
f \ \ t trees do not chonge the chorocter of the site or oreo. We ore offsetting the removol of Iree #26,
with one new spruce; 3 new firs; ond 4 more cunont shrubs in its respective oreo.
2. Spo Ierqce Revision
Considering the orborist's recommendotion io remove tree #26, we reolized the opportunity to
reduce the site impoct of ond improve the integrotlon of the spo terroce by pulling it down hill into
the oreo where tree #26 cunently stonds. The enclosed spo fenoce plon illustrotes how we ore now
1 oble to significontly reduce the retoining impoct oreo reloted to the spo with noturol groding. lt
Je/ olso provides o more noturol connection between the house, the spo ond the existing goroge roof
N o o( b - tenoce. The site plon olso illustrotes how we propose to improve the londscoping in the oreo to
Y\ ( \ include odditionol trees qnd shrubs. Compored with the DRB-opproved londscope plon, the
revision hos:
I more Soruce
3 new Fir
4 more Cunont shrubs (RlB)
10 Dogwood shrubp (COR-B) hove been deleted.
All the-other plontlngs of this corner of the house remoin the some. '.
3. Re-lncorporolionolcrowlspctces
The crowlspoces thot were revised ond eliminoted during the building permit opplicotlon ore
required by the building code ond ollowed by the guidelines. The proposed crowlspoces stoy
below the moximum requirements ond ore disconnected from the residence so os to prevent the
future possibility of conversion to GRFA. We propose to locote exterior equipment within them to
reduce their ossociqted site ond visuql imooct which otherwise is ollowed to occur.
michael @ sumanarchitect.com
143 East Meadow Drive 970.479.7502
Suite 300 f 970.479.751r
Vail, CO 81657 m 97O.471.6122
)rn'D
RYAN RESIDENCE REF. DWG: A1.0
TITLE: SITEP[A/V
OAIEt 7.31.07
SCALE: 1/4'= 1'4'
FROil: MDS
NOTE. SPA ARE4 PtAAl
REMOVETREE26
Sxercr:
54 BEAVEN DAAA IOAD vAtt,co
Rl-0a
RYAN RESIDENCE REF, DWG: A'.0
TITLE: SIIEPTAN
DATE: 7.31.07
SCAJ-,EI 1/4'=1'4'
FROII: MDS
NOTEI REMOVETREE2S
Srercu:
54 BEAVER DAIA ROAD vAtt,co
RI -0b
606 .ilait, Cotora[o 87658 ,701926-3594
Iuly 12,2007
Mr. Michael Suman
143 E. Meadow Drive, #300
Vail, CO 81657
Re: 2nd Supplemental Tree Report, Ryan Residence, 95 Forest Road, Vail
Dear Mike,
On Tuesday, July 3,2N7,I was called to the Ryan construction site to inspect a large tree near
the northeast corner that had not previously been inventoried. This brief report will document my
findings.
The subject tree is a double-stemmed 27" Dbh subalpine fir. It was not previously inventoried
since the original site plan did not show any proposed disturbance in this area of the lot.
However, the current site plan places the east corner of the driveway entrance immediately
adjacent to this tree. I will now refer to this tree as #28.
Observations
Species:
Diameter:
Canopy condition:
Relative age:
Trunk condition:
Buttress roots:
Subalpine fir
27" Dbh
Dense
Over-mature
Butt swell and hollow core
History of abuse from Beaver Dam Road maintenance
Discussion & Conclusion
This tree is considered over-mature, meaning that the size is indicative of a tree that is beyond the
average life expectancy for this species. Subalpine firs that are either mature or over-rnature
generally exhibit lower trunk decay. The loss of major buttress roots during road construction
several decades ago likely accelerated trunk decay and exacerbated butt swell. Both the butt swell
and hollow core (determined through sound testing w/ hammer) indicate the trunk is structurally
unstable.
Recommendation
I recommend this tree be removed due to the weak condition of the lower trunk.
Sincerely,
[Submitted by email]
Mark Stelle, ASCA Registered Consulting Arborist
ffi tEtfia
.t
^tSI /Ia'l liq"A\
Affir"H,s.
Ma* Sie[.
,P.O.606 . Aait, Cotoraf,o 81656 . (9 926-3594
December 11,2005
Mr. Michael Suman
143 E. Meadow Drive, #300
Vail, CO 81657
Re: Supplemental Tree Report, Ryan Residence,95 Forest Road, Vail
Dear Mike.
On Tuesday, November 29,2m5, you provided me with the latest draft of the proposed
secondary residence at 95 Forest Road. Given this development, you requested that I
amend the tree inventory to reflect impacts from the house and driveway.
Limiting conditions
Recommendations to remove specific trees on this site are based upon readily visible
current tree defects and proposed impacts from future construction. Precision Tree Works
and the consultant assume no liability for the failure oftrees or parts oftrees, either
inspected or otherwise. Many large residual trees on this site are not specifically
recommended for removal, but they will remain a risk due to the very nature of height,
dynamic wind loading, and effects of gravity. The only way to completely remove the
inherent risk of future tree failure on this lot is to remove all of the trees.
Additional removal trees
The November 29th site visit resulted in my recommendation to remove two more large
trees, #26 and #18. See Attachment B.
Tree #26 (a new inventoried tree) has a heavy lean and trunk sweep to the southeast. The
annual branch growth is minuscule, the canopy is very sparse, and foliage is chlorotic. A
grade change resulting from prior construction on the lot to the west is the suspected
cause ofpoor tree condition. The old age, poor condition, heavy lean, position on the
windward side of the house, and anticipated construction root loss are all justification for
removing this tree.
Tree #18 exhibits an extreme lean towards the proposed house. The west wing of the
house is not a direct target if this tree should fail. Once trees #13 through #16 and lt26 are
all removed, the wind exposure and snow loading of tree #18 will likely increase,
creating an even greater risk of failure. These two reasons justify removal of this tree.
ffi Fla
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Mirt Stclle