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oRDTNANcE 32 / .
Serjes of 1986 )i'
AN ORDINANCE ZONING A CERTAIN PARCEL
OF PROPERTY LOCATED IN THE NORTH HALF OF THE NORTHEAST /
QUARTER, SECTION 12, TO}JNSHIP 5 SOUTH, RANGE 81 WEST /
OF THE 6TH PRINCIPAL MERIDIAN, TOl^lN OF VAIL' I
EAGLE COUNTY, COLORADO; PREVIOUSLY DESIGNATED T
AS STATE OF COLoRADo HIGHIilAY RIGHT-0F-!lAY; DESIGNATING
PARKING DISTRICT FOR THIS PROPERTY, SETTING FORTH
DETAILS RELATING THERETO; AND AMENDING THE OFFICIAL
ZONING MAP IN RELATION TO THE SUBJECT PROPERTY.
WHEREAS, the property to be zoned hereby has recently been transferred from
State Highway right-of-way to private ownership within the Town of Vail; and
WHEREAS, the Planning and Environmental Commissjon has considered the
appropriate zoning for the property and has recommended that the Town Council
zone the parcel Parking District as set forth in Chapter 18.34 of the Vail
Municipal Code; and
WHEREAS, the Town Council cons'i ders'i t in the public interest to zone said
property as soon as Possib1e.
NOI.I, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section l
The Town Councjl hereby receives the report of recommendation of the Plann'ing
and Environmental Commissjon recommending the zoning of the subject property.
Section 2.
The subject property, located in the north half of the northeast quarter'
Section 12, Township 5 South, Range 8l West of the 6th Pni ncipa1 Meridian, Town
of Vaj1, Eagle County, State of Colorado, and more particularly described in
Exhibit A attached hereto, containing 0.12 acres' more or less, is hereby zoned
as Parking District (P), in accordance with Chapter .|8.34 of the Vail Municipal
Code.
Section 3.
As provided in the ordinances of the Town of Vai'l , the Zoning AdministratoLi s
hereby directed to modify and amend the official map to include the zoning
specified in Section 2 (2) above.
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Section 4.
, If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shal'l not affect the
va1 idity of the remaining portions of this ordinance; and the Town Council
hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or mOre partS, SeCtiOns, SUbSeCtiOnS, sentences, clauses Or phraSes be
decl ared i nval i d.
Section 5.
The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of VaiI and
the inhabitants thereof.
Section 6.
The repeal or the repeal and reenactment of any provis'i ons of the Vail
Municipal Code as provided in this ordinance shall not affect any right which
has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution conmenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed and
reenacted. The repea'l of any provision hereby shal'l not revive any provision
or any ord'i nance previously repealed or superseded unless expressly stated
here in.
INTRODUCED, READ AND PASSED ON FIRST READING THIS DAY OF
1986, and a public hearing shall be he'l d on this ordinance on the day
of , 1986 at 7:30 p.m. in the Council Chambers of the
Va'i I Municipal Building in Vai1, Colorado.
Ordered publ ished in ful'l this
-day
of , 1986.
Paul R. Johnston, Mayor
ATTEST
Pame'l a A. BrandmeYer, Town C1 erk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Paul R. Johnston, MaYor
, 1986-
the Parkinq Z e District and for a minor subdivision r an unzoneo parce of land I ated on the Nor ronta oao an
unded on two sides b West Condomin canE:
Will'iam I. Fleischer
(Larry Es rney, joined the meeting for this item.)
Rick Pylman explained that the board would deal with the zoning first. He
added that traditional uses of highway rights-of-way were paths, bikeways and
open space. Jay Peterson, representing the applicant, stated that he had tri ed
to work with the staff to come up with some appropriate use of the property.
He said the applicant had owned the property since 1984, so it had been in the
private domain since that time. He mentioned that the appl icant had spoken to
Mike McGee of the VaiI Fire Department about the property, and that therefore
the Town djd know of the approval to construct an entrance to the property.
Peterson reviewed the criteri a and stated that parking is allowed on
ri ghts-of-ways and mentioned the South Frontage Road as an example. He felt
that the second criteria, that of the relationship with adjacent land uses,
would support the parking, since there was much parking in the vicinity.
Peterson also mentioned the fact that from Sun Vail to Safeway there were 2'l
road cuts across the bike path, and passed photos to show this. He felt that
buffers cannot be guaranteed in alI areas. He felt that the staff was not
proposing any use, for there was no use on Greenbelt and Natural Open Space
zone districts. Peterson said in 10/83 the Town approved a landscape plan for
Breakaway West which included parking on the subject site, and in lll83 the
CounciI also approved it.
Peter Patten stated that parking use a1 I owed in the Parking District was public
parking. He added that the 21 road cuts were in place before the bike path was installed. He added that in every case of sales of rights-of-way, the staff
had protested the sale. Further, staff did not support the DRB decision
concerning landscaping of Ereakaway West, and that staff does not write a memo
to DRB concerning 'i tems on the DRB agendas.
George Rosenberg, representing Breakaway l,lest home owners of 50 un'i ts, stated
that the zoning should be consistent wjth the Master Plan and Land Use Plan.
He stated that the parcel has been and should remain open space or a compatib1e
use. Rosenberg added that Mr. Fleischer should have know the use when he
acquired the property. He stressed that the burden of proof to make the
appropriate change should be the appl icant's rather than the Town's. Rosenberg
reminded the staff that Sections 18.34, Parking Distri ct and .l8.52,Off Street
Parking and Loading must be harmonjous to some extent. He quoted from
18.34.010 Purpose Section, "...whi1e ensuring adequate 1ight, air, privacy,
and open space for each val id use in adjacent areas." He pointed out that one
use could be a park. Rosenberg fe] t that this application tied into the
earlier one for Vail Run and stated that each development is required to
provide parking on site not off site. He felt the safety issue was paramount,
and the situat'i on as proposed was clearly hazardous. He mentioned that large
trees as proposed in the landscaped berm would block the view. He mentioned
that no provisions had been made for snow storage on the lot. Referring to
Jay's statement that the adjacent lot was not landscaped, Rosenberg pointed out
that Breakaway lJest had recently spent $90,000 to landscape their property.
-5- PEC 10/13/86
Rosenberg felt that the disposal of this right-of-way area was precedent
setting and the staff would see more sales of this type. He added that open
space was a use and a reasonable use. He added that an alternate use could be a tot lot.
Duane Piper stated that the Town had received 38 letters in opposition to the proposed zone. He asked Larry Eskwith whether or not open space was indeed a use, and Larry answered that it was. He added that the Highway Department had violated state statutes by not offeri ng the r.o.w to the local government for first ri ght of refusal and as a result had placed the Town in a difficult
pos iti on.
Larry Eskwith stated that he would like to have more time to deal wjth the
Highway Department and requested the matter to be taken under advisement untjl the meeting of 0ctober 27. Piper asked the board how they felt about tabling,
and the board agreed it would be good to learn more, aithough it would mean the public would have to come back again.
yjele Toved ald=Dgn ntjt October 27. 19896.
The vote was 6-0 in favor of tabling.
6. Rgquest fgl a cgnditiqnal use permit in order to changg_the_-use_*g-t_!bg_
Applicant: Town of VaiI
Peter Patten showed site and floor plans which respected an existing easement to the Upper Eagle Valley lllater and Sanitation building to the east. The shops are zoned Publ'i c Use District, but lie generally within the Artenial Busjness Distnict. The Town had been leasing the building to a variety of tenants and
was now in the process of taking it over for Town of vail use. The request is to allow recreation facilities and programs on the upper f1 oor as well as
storage on the lower floor. Public recreation facilities (other than parks and
p1 aygrounds) are a conditional use in the Public Use Distrjcr..
The site contains 30 parking spaces, and the staff felt that thjs number would
be adequate to serve any peak parking demand. A1 so, the small lot east of the
uEVhlsD plant would serve as an overflow. The lot is currently used by uEVwsD personnei during the day.
ceil Folz of the Recreation Department explained that the gynnastics program
would be moved from the Red sandstone gym to this building and the gymnastics
program could then be enlarged and the space at Red Sandstone could be utilized for other activities.
Diana Donovan was concerned about the safety of the children being dropped off
and suggested that a drive-through drop off at the upper door be installed
before the gymnastics program be allowed to begin. The board also discussed
needed landscaping, and were told that DRB would address the landscaping
requi red.
Donovan Tgved anC 0slelloss secgnled to apqlove the request for a conditional
gse perm-it per the staff mgmo.wi!h thg_condjtion that. due to sifbty. a top level dfivg.through.drop off be installed and landsCa@
approval The vote for approval was 6-0.-6- PEC 10/13/86
PLANNING AND ENVIRONMENTAL COMMISSION
October 27, 1986
PRESENT
-Di
ana Donovan
Pam Hopkins
Peggy 0sterfoss
Sid Schultz
ABSENT
B[an HoUUs
Duane Pi per
Jim Viele
After site inspections,
Donovan.
STAFF PRESENT
Peter Patten
Rick Pylman
Larry Eskwith
Betsy Rosolack
the meeting was called to order at 3:00 pm by Diana
l. Approval of minutes of October 13, 1986.
Peggy Osterfoss corrected the minutes. It was her understanding that the
board's interpretation of 2.8 was that it was to be jointly financed by the ski
mountain owner and the town. This was suggested when Vie'l e nade the motion to
approve the Land Use Plan, and V'i ele said that this was understood and it did
not need to be added to the motion. Diana Donovan corrected the motion
concerning the Town shop building. The motion should have included the
statement that the building was not to be used by children until a drive-in
drop-off was jnstalled.
Peqgy 0sterfoss moved the m'i nutes be approved as corrected and Sjd Schultz
seconded the motion. The vote was 3 in favor with Pam Hopkins abstiining.
2.Request to apply the Parking Zone District and for a mjnor subdjvis'i on for an,unzoned parcel of land located on the North Frontage Road and
bounded on two sides by Breakawa.y West Condominiuns.cant: l,l et scner
Rick Pylman revjewed the issue as it was presented at the previous meeting.
Larry Eskwith stated that he had spoken to the PEC before the meeting and asked
the other attorneys to speak. George Rosenberg, representing the opponents of the issue, stated that the basis for not approving the zoning request was that this was not a self inflicted hardship. He stated that Flejscher was aware of the pre-existing use of the property. He mentioned that by Colorado law, the
board had the right to turn down requested zoning.
Jay Peterson, representing Fleischer, stated that the issue of whether or not
the Highway Department should have notified the Town of VaiI was an issue
between the Town and the Hjghway Department, not the Town of Vail and the applicant. He mentioned that he had spoken to Bill Powell of the Highway
Department who was in charge of the disposition of parcels of land. Powell
explained 4 ways the Highway Dept could dispose of land, and he felt that this parce) djd not have to be offered to the Town first.
Peterson mentioned that in nearly all cases of Colorado law where someone had
requested a zone district, a previous zone had existed. In this case there was
no zone. He stated that the parcel had highway ri ght of use which included parking, that the applicant had a right to use the property in some way, and that this parcel was already approved for parking when Fleischer bought it.
Peterson showed several documents he had found to substantiate his claims which
included memos from Trout Creek Architects dated September 1983. He read from
one which indicated that Jjm Sayre, forner-planner fof'the Town, had allowed
Breakaway West to move forward to apply to the DRB. A DRB approval dated
October 1983 jncluded the contingency that no bujlding permit would be issued until the property was purchased from the Highway Department. Jay also read
other documents which he felt showed the item would not have been required to
go through PEC. Peterson sai d it was apparent to the Town that they knew about
the transfer of this land. He stated that this was not a self inflicted hardship. He mentioned that the photos used at the meeting prev'i ously should
be part of the record.
George Rosenberg stated that an error made on the part of the staff jn .|983 djd
not mean the error should be compounded. He stated that if Breakaway West had
DRB approval , they still needed PEC approval , and the deal never went through.
He added that the first pri ority must be to on-site parking, not off-site. He felt the app'l icant knew what he could use the property for. He could have made inquiries before purchasing the property.
Larry Eskwith stated that the town was not bound to follow a process in which it had previously made errors, that the process was not "stopped." Eskwith
repeated that a self inflicted hardship included the knowledge of what the zone
was before purchasing. Jay stated that the applicant did come to the Town to fjnd out what the property could be rr:d f::.
..(:'! - 11 a
Peter Patten sajd the Town did not support the sale of the parcel or the use as parking: The'staff remains neutral in DRB jssues. Patten pointed out that the
condition placed upon the approval stated the problem. He asked if the
property was going to be restri cted to the private use of Vail Run and Jay
answered that there would be no restrictions upon who could use the lot,
although according to the zone code, it could be restricted to private use.
Peggy 0sterfoss stated that in light of the Colorado 1aw regarding unzoned
land, she fe1 t that Fleischer had a right to put parking on the property.
Peggy felt that it was an unfortunate use of the property and hoped an
appropriate luffer and maximum safety to bikers would be part of any approval .
She felt that a'nump in the Uit<e-path that was made duri ng the conslruction of
the road cut should be corrected.
Sid Schultz regretted.the piece of land went to the highest bidder, and the
Town could not purchase it. He agreed with Peggy about Fleischer's right to
use the land and of the need for landscaping. Schultz was concerned about the
landscaping blocking the view of bikes and cars.' . t'::
Pam Hopkins also regretted the fact that the Town cou'l d not own the land. She felt that landscaping should also be placed between the lot and Breakaway
West's property and the bike path smoothed out.
Jay stated that the hump in the bike path was made so that cars would not slide
back onto the bike path in winter.
Diana Donovan stated that she chose to look at the property as a piece of land
surrounded by the Town. She felt that the history of the land was not
applicable, and the PEC had the right to adopt zoning to a reasonable use, and felt that parking was a forced use. She pointed out that as proposed by
Breakaway West, the access was djfferent, and therefore it was like dealing with a different parcel . The lot is not 1ega1 1y tied to the property it seeks
to serve. Diana pointed out that landscaping of the lot was necessary, wh.i ch tien'made,the situation unsafe, especially to the bike path:.,. Th.i s paiking lot would have a negative impact on both the:bite path.aftd the.sunrounding -t,-
property. Diana said that when Jay stated that the same number of cars would be accessing'the'Frontage Road, he did not mention that at present these cars are coming from a majn road, not a parking lot.
9sterfoss r.novgd. and Schul.!z.seconded to recommend approval to Town Counc.i I of the request with two conditions:
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2. Slaff elsule th?t safet.v of bikers be consjdered jn the placement of
sl gns, tandscapl ng. etc.
Next considered was the'-,request:for a minor subdivision of the same ertv.
Schultz^moved and Hopkins. seconded to,approve the request per the staff memo.
3. Request for rearsetbqqk variance in glder to construct an addjtion to a
Appl icant: Gene t.liIIjams
Rick Pylman explained the request, pointing out that this was a second floo,.addition to the a'l ready encroaching fjrst floor, and no jncrease in
encroachment was being requested. Staff recommended approval .
Schultz moved and Hopkins seconded to rove the re uest per the staff memo
cause of the existins setbacks. The vote was 4-n Tavor.
The meetjng adjourned at 4:25 PM.
vote was 3 in favor and I (Donovan a i nst.
DATE:
SUBJECT:
APPL I CANT:
Pl anni ng and Environmenta'l Commission
Communi ty Devel opment Department
October 13, .|986
A request for zoning of a 0.120
as State Highway right-of-way to of the Town Municipal Code).
William I. Fleischer
I.
Plailrv
acre parcel previously designated
Parking District (Section 18.34
THE REQUEST
In April of 1984, the applicant received deed to a 0.12 acre tract of
land located adjacent to the Breakaway Condominium project, whjch previously had been owned by the Colorado State Highway Department and
designated as I-70 r'i ght-of-way. This property was acquired through
purchase from the Colorado Department of Highways. Because the applicant desires to develop a parking lot on this parcel , the Town of Vail has requested the app'l icant to file a request for both minor
subdivision and for zoning. This property, previously being held by a public entity and designated as highway right-of-way, has not previously
been designated with a Town of Vail zone district.
The minor subdivision request is being addressed under a separate
memorandum. Chapter .l8.34 of the Town of VaiI municipal code describes
the Parking Zone District. Section .l8.34.010 of that chapter states the
following as the purpose of the Parking zone djstri ct:
"The Parkjng District is intended to provide sites for private or public unstructured off-street vehic1e parking and conditional 1y to provide for private or public off-street veh'i cle parkjng
structures and private or public parks and recreational faciIities. The Parking District is intended to prov'i de such facil ities while jnsuri ng adequate 1ight, air, privacy, and open
space for each valid use in adjacent areas."
The applicant states the following in support of this request:
"In the present case, the parking would be used for employee
parking for Vail Run. Currently Vail Run is 97 spaces short on parking. This zoning application would help alleviate the
probl em. "
The appljcant has a'l so submitted a site plan detailing design of the
proposed parking lot on the site.
EVALUATION OF REQUEST
A. C1ileria #1 . Suitabjlity of existins zoning.
II
The Town of Vai1, Iike most municipalities, has no zone district
.\
B.
designation for highway ri ght-of-way properties. Highway
ri ght-of-way properties have traditional 1y contained pub'l ic
highways and streets, pedestrian and bicycle pathways and
associated open space bufferi ng those h'i ghways and streets from
the adjacent private properties. Due to the transfer of this
property from public to private entity and Mr. Fleischer's
subsequent request to utilize this parcel , the Town of Vail has
requested Mr. Fleischer to file for a zone district category for
this property.
Criteri a #2. Is the amendment presenting a convenient. workab"l e
obj ect i ves?
With respect to the physical relat'i onship of this parcel to
adjacent land uses and cons'i stency with municipal objectives, the
staff has several concerns with this request. The parcel proposed
for zoning is extremely smal 1, 0.12 acres for a total of 5,2?7
square feet. While the Parking District contains no requirements
for minimum lot size, we feel that creating a parking 1ot on a
parcel of ground as small as this creates negative impacts which
negates the smal I ga'i n in parking. The proposed parking area,
when viewed in conjunction with the parking for the adjacent
Breakaway West Condominiums, will create a 1arge, visjble asphalt
area and w'i l'l have a high negative view impact from the public
right-of-way as we] I as the immediately adjacent residential
units. The creation of this additional parking lot will also
create a dangerous interface with both the ex'isting bicycle path
and the North Frontage Road.
Philosophical 1y, the Community Development Department does not
believe that this proposal is consistent with municipal
objectives, nor does it present a convenient workable relationship
among land uses. The portion of State Highway right-of-way that
is not being utilized as vehicle or pedestrian passageways has
traditionally been used as a buffer zone and setback area to
protect the adjacent private properties. Development all along
I-70 within the Town of Vail, especially in this area, is based on
the aspect of using that right-of-way as an open space buffer.
It js common for private property owners to develop recreational
or parking uses ri ght up to their property 1ine. These uses are
then buffered from visib'l e and physjcal aspects of the public by
this open space as a part of the State Highway Department system.
The existing Breakaway parking areas have utilized this
right-of-way land as an open space buffer zone from the bicycle
path and from the highway. Another example of this is the current
request by Vail Run to develop additional parking on the south
side of their building. That parking is being developed ri ght to
the property line w'i th the Highway Department right-of-way being
utilized as a berm and landscaped area to buffer that parking from
both the bicycle path and the highway.
The possibil ity of the transfer of these properties from highway
right-of-way to private 1and, which prompts development requests,
places the development philosophy of utilizing this land as an
open space buffer in jeopardy. The staff feels that the highway
ri ght-of-way land should remain as open space and should not be
developed by either private or public entjties for anything other
than the uses than have traditional ly been found within the
highway right-of-way.
C. Ctitefia #3. Does the rezoning proposal provide for the growth of
The Communjty Development Department feels that the rezoning
proposal does not provide for the growth of an orderly and vjable
community. Disposa'l of property by a public entity within the
community makes it extremely difficult to plan and provide for
orderly and viable growth. Through research being done on the
current Land Use P1an, we have determined that the Interstate 70
right-of-way utilizes 505 acres of land within the community,
which is 15% of the total land mass within the Town of Vai'l .
Pl anning for the disposa'l of even smal 1 portions of this area
would be an extremely difficult task, and we would recommend that
whether this land designated as I-70 right-of-way is in public or
pri vate ownership, that the uses contjnue only as traditional 1y
found within the highway ri ght-of-way. Those uses being public
highways and roadways, pedestrian access ways and open space.
III.STAFF RECOMMENDATION
The staff recommendation for the proposa'l of zoning this parcel Parking District is for denial . }Je feel that both physically and phjlosophically the impacts of zoning this property as Parking District
are extremely negative. h|e make thjs recommendation due to jmmediate
concerns of the health, safety and welfare of the citizens of the
community as well as with regard to the long range planning principles
within the community.
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PARKING (P) DISTRICT
Sections:
18.34.0t0
r8.34.020
18.34.03n
r8.34.040 uses. ' .'' 'r
18.34.010 Purpose.
The parking district is intended to provide sites for private
or public unstrucrured off-srreet vehicle parking and condition-
ally to provide for privare or public off-street vehicle parking
structures and private or public parks and recreational
facilities. The parking district is intended to provide such
facilities rvhile ensuring adequate light, air, privacy, and open
space for each valid use in adjacent areas. (Ord. 2(1976) g 3 (part): Ord. 8(1973) $ 24.100.)
18.3{.020 Permitted uses.
The tbllorving uses shall be permittcd in the p clistrict:
Private or public unstruclured off-street vehicle parking.
(Ord.2(1976) g 3 (part): Ord. 8(t973) $ 24.200.)
1E.3.1.0J0 Conrlilionul uses.
The follorving conditional uses shall be permitted subject to
issuance of a conditional use permit in accordance rviih the provisions of Chaprcr 18.(r0:
A. Privarc or public off-strcct vehicle parking strucrures:B. Privatc or public parks and recreotionul ticilitics.
Purpose.
Permitted uses.
Conditional uses.
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(
ZONING
C. Public uses, private office and commercial uses that are
transportation, tourist or town related and that are accessory
to a parking structure.
D. Major arcade.
(Ord. 6(1982) $ 2a:Ord. 33(1981) $ l:Ord. 2(t976) $ 3 (part):
ord. 8(1e73) $ 24.300.)
18.3.1.040 Accessory uses,
A. Minor arcade.
(Ord. 6(1982) $ 2b: Ord. 2(19't6) g 3 (part): Ord. 8(1973) g
14.400.)
(
Sections:
18.36.010
18.36.020
18.36.030
18.36.040
18.36.050
18.36.C60
Clupter 18.36
PUBLIC USE {PUD) DISTRICT
Purpose.
Permitted uses.
Conditional uses.
Accessory uses.
Development standards.
Parking and loading.
18.36.010 Purpose.
The public use district is intended to provide sitcs for public
and quasi-public uses which, because of their special
characteristics, cannot appropriately be regulatcd by the
development standards prescribed for other zoning districts, lnd
for rvhich dcvelopmcnt standards especially prcscribctl lbr each
particular developmcnt proposal or project irre neccssary to
achicve the purposes prescribed in Section 18.02.010 and to
provide for the public welfare. The putrlic usc tlistrict is
intended to cnsure that public buildings and grounds und
certain typcs of quasi-public uses permittcd in thc tlistrict are
appropnatcly located and dcsigncd to lncct thc nceds of'
rr:sidcnts and visitors to Vail. to harmonizc rvith surrounclirrs
(V. t'll!12)-l7tt
\
DATE 9/rs/86
NAME OF
MAI LI NG
APPL ICANT
APPLICATiON FOR
MINOR SUBDIVISION REVIEW
(4 or fewer lots)
lrllliam I. Fleischer
ADDRESS 1000 Lionsridge Loop, Vai1, CO 81658
pggpE 476-1500 A.
B.Jay K. Peterson NAME OF APPLICANT'S REPRESENTATIVE
MAILING ADDRESS Box 3149, vail,co 81658 pH0NE 476-0092
c.NAME OF PROPER s) (
tvpe )William L Fleis
OWNER'S SIGNATURE
MAILING ADDRESS 1000 Lionsridse Loo Vai 1 co 81658
ln
PHoNE 476-1s00
D.LOCATION OF
LOTS
PRoPoSAL (ADDRESS)
BLOCKS
Adjacent to Breakaway West
SUBDIVISI0N See attached
F FEE $1oo PAiD a,f t'j'l< r I ur-
F.MATERIAL TO 8E SUBMITTED
The subdjvider shall submit three (3) copies, two of whjch must be
mylars, of the proposal following the requirements for a final p1 at as
found in Section l7..'|6..l30 of the Subdivision Regulations. Certain of
these requ'i rements may be waived by the zoning administrator and/or the
Planning and Envjronmental Commission if determined not applicable to the
proj ect.
An environmental report may be required if so stjpulated under Chapter 'l 8 . 56 of the zon i ng code .
H. The Department of Community Development will be responsible for seeing that the approved piat is promptly recorded with the Eagle County Clerk
and Recorder.
Include a list of alI adjacent property owners (including those behind
and across the street) with their mail inq addresses.
lJ.
1.
2.
3.
4.
ADJACENT PROPERTY OIiINERS
Breakaway Weet
Box 1743 Vail' CO 81658
Vail Run
1000 LLonsridge Loop Vail' CO 81557
Colorado Hlghway Department
Box 2L97
Grand Junction, CO 81692
$andstone 70 Condoniniun Assoc.
Box 1206 Vailr CO 81658
ADDENDUII TO APPLICATION
In addition to the Subdivigion Appllcation the Applicatlon is reguesting zoning to Parking District (Section 8.3{ of the
fown Municipal Code). Currently the property is not zoned and is a portion of I-70 rlght-of-way.
A. Purpose of the zones To provide a elte for ptigglg or public unstructured off-street vehlcle parklng.
In the present case the parking would be uEed for enployee parklng for Vail Run. Currently Vail Run ls 97 spaces short on parking. Thls zoning appllcatlon would heLp alleviate tbe problen.
B. Permitted Uses: Private or public unstructured off-street vehlcle parklng.
Our anticipated use is a permitted use.
C. Site Plan: See attached plan.
D. Other Restrictiong on Zoner None.
E. AgCeSgr Existing off of North Frontage Road.
/
PLANNING AND ENVIRONMENTAL COMMISSION
September 8, .l986
PRESENT STAFF PRESENT
="-'-----'-...:urana uonovan Peter Patten
Bryan Hobbs Tom Braun
Pam Hopkins Rick Pylman
Duane Piper Betsy Rosolack
Si d Schul tz
Jim Viele
ABS ENT
FEd-gy osterfoss
Before the meeting, the board visited the Benkelman and Drisko sites.
The meeting was called to order by Duane Piper, chairman, at 3:00 PM.
'| . Approval of minutes of August 25, 1986. Jim Viele moved and Diana Donovan
seconded to approve the minutes. The vote was 6-0 in favor.
2. Request for a front setback variance in order to construct an addition
on Lot 16. Biqhorn 4th Addition.cant: Wi I I iam D. Benkelman
Rick Py1 man exp'l ained the request. He said that originally the proposal would
have required a setback variance from a stream, but the proposal was changed
and moved away from the stream setback. The staff recommended approval of the
setback variance due to the configuration of the lot. Peter Looms, architect for the addition, explained that no trees were being removed and that the
second floor only intruded slightly into the front setback. Donovan asked why
the additjon was not connected more strongly to the house and was told that
there were windows which interfered. She felt strongly that the addition could
have been designed within the setbacks.
Viele moved and Hobbs seconded to approve the addition per the staff memo dated
-
9/8,/86. The vote was 5 in favor with Diana Donovan voting against approval .
3. Request for front and side setback varjances jn order to construct a two story garage on Lot 18. Block 7, VaiI Vi'l ]age First FiIing.
Appl icant: Tim Drisko
Tom Braun presented the proposal and showed a site plan. The garage encroached
10 feet into the required 20 foot front setback, and 9 feet into the required
15 foot side setback. Braun felt that existjng vegetation between this lot and
the neighbor would offset any potential impacts from the constructjon.
Further, historically, the staff has been very supportive of variance requests for garage addit'i ons. He mentioned that there was still needed a title report
and a sign off by the utility companies concerning the 10 foot utility
easement. Braun stated that the staff recommended approval and that two
conditions of approval were the sign-off of the utility companies and that the
smaller of two pine trees was to be saved if possible.
o
5.
Bob Benedict, represent'i ng the owners, stated that he had arranged a meeting on the site with a local nursery to see what trees could be saved without damaging
the roots.
llgbFs,moyed and.Hgpkifrs secglded to Epprloye the request wjth the two conditions listed above and in the staff memo of 9/8/86. Th
4. necei vi nq
{ish on the Vail Police Qepartment area of the Vail Muniilpal-BuJldJnq --:.._=:--:at 75 South Frontaqe Road.ffi
Tom Braun explained that the Police Department needed the radio antenna in
order to function properly- Curt Ufkes, Chief of Poljce, stated that the
Police Department had not installed the antenna, but were anxious to do so.
Diana Donovan suggested the antenna be painted to match the building (to be
suggested to the DRB). She stated that she would not approve the antenna for a
residence, but since this was for public safety reasons, she would approve the
request,
Viele moved and Hobbs seconded to rove the est r the staff dated 86. The vote was n Tavor. -
Request to a Greenbel t and Natura'l 0oen ace zon t n to an unzoned
e Nor ron Ea e Road an ded on two
Peter Patten explained that there had been a change in process. The Town would
remove their proposal to zone the property, and the owner will request to
receive zoning and a minor subdivision. The applicant planned to request
Parking zoning and have a parking lot for 1.0-11 cars.
It was announced that there would be a joint meeting with the Town Councii on
September 30 concernjng the Vajl Vi1lage Master Plan. The review of the Land
Use Plan is scheduled for Septenber 22. Diana Donovan asked if the PEC could
receive copies of the Land Use Plan by the Friday before the meeting, and was told copies would be deljvered then, unless changes were made at a meeting on the l8th
Duane Piper reported that at the last DRB meeting, the DRB denjed a design for
unconnected primary,/secondary units. This was to be appealed at the Council
meeting on September 16, with a possib'l e change to the ordinance. The DRB is
asking the Council for guideljnes.
eakawav West
pec 9/8/86 -?-
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ttf thc l'cr,,rn of Vail ('ounry of'
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whosc lcgal ;x!,.11e rs is
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Wll'N llSS ti'f l-1,'l'hlr rhc srrill p;11.g
One ColLar and r:r ccnr-s ($1.00)
trI t lrt: l'ilst D:rr! , f<lr :r rrtl irr ctrrtsidcral iotr ol. t ltc surrr ol.
l)ollars.
,!lo lhL' sai(l p:r'l y of thc tir.st p;11t In fiir1r{ paitf hy thc said purt } 6f thc st contl n:rrl. t6e ,...",ript ,i
where'of is lle'etry confesscd and it,-'r: lrowrctr'ctr, hl s r.r'i,ir.rr rr.lnrrcr..f c^rrr ,,^-....,.-.-r . ii u .rru .rr.-l: f r{)wtcttll.(r r hl! S rtUri:;cd, relqasec!. sOlct, COnvr,y,:Cf and eUit-Clairner, i;
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silurr{e. lyingancl bcirrg irr r\c 'L'cwn of Vaj.L (.orrtry ()f. !*rg }-e ,,r,.f il
Stirlc ol'Cokrrmkr. ttr wit: i]
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A tJact or-pa!:eer of land t*,t.- ?/;-A of t,ro statr. Deprrrt-ment I'oI l{1ghways, Dlv:t-siqr oJi ltL{J-,.,iays,
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1. thenee S. 5go 57' C6', tJ. n distance of 159.0 feet:
3. Xhence N. 01" !?, 11,' {.' a {j.slaace of 75.0 feet,, ro ttn rrr:rth iine of $ec1:1er 1i.t' --- , . . y
?F,'rtce ,"t. o"o 17f 49"..E.. "l*g the north Ll-ne of ,sercttcxr i2 /r cl$tanee of "13i.r..i i'e. !t, more or f**1,'i"-ifJ;i;;of beg.!."r, ir1'_r"
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Town of Vail
Town Council
Vail, Colorado 81657
Re: Rezoning of Land Adj oinlng the Breakaway West Condominlum Association
Dear Town of Vail, Mayor, Town Council, City Manager, PlannLng ComLssion
ahd Desl-gn Review Authority:
The Town of vail has proposed a zoning of greenbelt and open space be assJ.gned to an unzoned triangle of land between Breakaway west and the Frontage Road.
The Breakaway West Condominium Assocl-ation, through their Board of Directors,wholeheartedly endorses this rezoning. rn fact, any zoning of this property for other than greenbelt and open space would be unconscionable.
We understand the owner of Ehe property may have authorLty from the state to build an access road from the FroDtage Road, across the bike path and to the property. We strongly urge and request the Tovm of Vail resist this road
building acEivity since it would be a significant eyesore and a danger to cars
on the road and bikers /hikers on the Dath.
A! your zoning neetlng on Septerber 8th, please approve the rezonlng of this
land to greenbelt and open space and direct your applicable departnents to do
r.rhat the Town of Vail can do to prevent an evesore and hazard.
Thank you for your conslderation and please feel free to contact me as Presi-
dent of the Board of Directors, lf I can be of help ln any way. Our manager,
Don Henschel, has been instrucEed to be at Ehe Sep tember 8th neeEing.
e Robelc J. Brabec
President, Board of Directors
Breakaway West Condoml-niuu Assoc .
600 Grant Street, Suite 510
Denver, COlorado 80203
(303) 837-1026
V,IILLIAM I . FLEISCHER
P -0. BoX 1388
VAIL, COLORADO 81658
Augusb 25, 1986
Peter Patton Dlrector of Community
Development
75 S. Frontage Road Vail-, Colorado 81657
Mr. Patton:
Pursuant to your demand, I have acquiesced by telling
B & B Construction not to pave my property located next
to Vail Run Resort, just North of the North Frontage
Road, along J-70 near Red Sandstone Creek. Thls tract
or parcel of land No.24-A use to belong to the State
Department of Highways, Division of Highways, State of
Colorado, Project No. I-70-2(7 )181 cont,aining 0.120 acres,
more or less, is located in the N 1 /2 of the NE 1/4 of Sec-
tion 12, Township 5 South, Range 81 West, of the Sixfh
Principal Meridian, i-n Eagle County, Colorado.
I am doing this upon the threal that a Red Tag would have
been issued if I had not stopped the paving. This action
has added conslderable costs and can be detrimental to
other projects eurrently at hand. I will take the proper
steps to protect my lnterests and will hold anyone per-
sonally IiabIe for their actions if wrongfully or i11ega11y
administered.
I have a considerable i-nvestment in this property, so f
hope we can mutually cooperate to work out a simple solu-
tion to remedy my costs and investment whi.le also satisfying
vour concerns .
Jay Peterson
.t-\
punrrc l"A[n aucTroN
Vatl, Coloredo
(near)
Parcel #2rrA
Projects I 70-2(7) 183
|JEEN:Saturday, October 22, 1983
TJHERE: rand ls located at 1023 Ltonr Rldgc roop and Jurt nosth of thc noath frontagc toad along I-70. Neer Red Sandatonc Ctcek.
TI}IE:tJtll bc auctl.oned el.rher at 11:25 A.M., or 11:45 A.M. ftrte rill bG
tnnounced by the Auctl.ooecr .t the flret auctlon locatl.oo at thc
Spruce lfey and Coh.roblne Roed locatlon rhl.ch rtartr et 1l:00 A.M.
Pleaee aee deccrlptlon uadcr tTIllE: rt --- parccl fl-R.
MINIMII}I BID:912,545.00
REQUIRED DEPOSIT: $t'254.50 (Lrly the auccergful bldder Le required to depoilt
on the dey of auctloo lOZ of the rntnlsrun $121545.
To be patd only by certlfLed check, eashtere check,
roonev order, or !!l$r (Ttrte holda truc for all
auctLon transactLone, and uake payeble to COI.GADO
DEPARDIEM OF EECffAYS.)
Ftnal payrent of the renalnlng balance due ie to bc
oade oo or bc fore Noveober 7, 1983. Blghrey contacc
peraon sball be lfi. Blll ponell, 157-933L, Elghwey Dulldlng, 4201 Fest Arkaneaa Ave., Denver. He vtll
rdvl.ce you of the tlue and room for thc cloring.
fhe conveyance of the property rl11 bc nadc by quitclaln deed.
See attached for nap, r end property deacrl,ptlone
fte property rill be eold rras Latr and the lbpartmnt of Hlgtnraye nEkeo no gusarnry,ra-rranty ot rePresentatlon, e:gteesed or lqlled, rrltten or oral, ar to thc condltlon of the over-alt sald property or lte fttneaa for any ure or purpose.
llre bldder states that by tnlttatlng a bld, he/ghe Le ready, rtlllng, and able to fulflll the cornnltment to a aatl,afactory concluelon. If tL; purcha-ir falle to fulflll thts conmltnent Ln the/en ellotled tlne frame agreed, the eald requlrcd deposlt rtll bc retalned ar llquldated danagec and the fropeity resold.
state enployeee and elected officlale, by lan, ehall not be allowed to purchasc turplue or excesa state property (C.R.S.-24-10g-201).
- "-.
//'/
DESCRIPTION
A tract or parcel of land No. 24-A of the SEate Department of Highways,
Dlvlslon of Highways, State of Colorado, Projeit No. I 70-2(7)L83 containlng
0.120 acres, more or less, ln the N 1/2 of the NE Ll4 of Section 12, Township 5
South, Range 81 I'Iest, of the Slxth PrlncJ.pal Meridian, in Eagle Councy, Colorado,
sald tracE or parcel being more particularly described as f.ollows:
Beglnning at a polnt on the north llne of Sec. LZ, T. 5 S., R. 81 W. fron
which the NE corner of Section 12 bears N. 88o L7t 49tt E. a dlstance of 281.2
feet;
. 1. Thence S. 59" 57'06" lf. a distance of 158.0 feet;
i
2. .,Ttrence N. 01o 42r .1L[ I'1., a distance of 75.0 feetr to the north llne of , Section 12;
3. Ttrence N. 88" A7t 49tt E.. along the north Line of Seetion 12 a dlstance of 139.1 feet, more or. less, to the point of beglnnlng.
The above described parcel No. 24-A contains 0.120 acres, nore or Less.
s.E" t/4r sEC. t,T5S, R gtwr 6TH PM,RIGHT
"u l-
!2"5706-,so.:e.
- P_o in l_o f I eg inn n g pcr c e /s tVo. ?d Pe E A 2 4 A A 26 A J7e: i/f Cor tec. /2 Acart flEA./7??-E ?S/?.
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t?er
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\g tsi r-' l26l t
Yal7f conpany,
,.. tTE-261 o Generol pprlnerchip
I o . - .t 'fotal of Eegnztig Parco/
<*^o!:('77'f ?'T
ilA^r
'".a-tlJ
DEPARTTE}IT OF HIGHWAYS
222 South Sixth St.€el. P.O. gox 210t
Grand Junction, Colondo 81flr2-21 07
(303) 248-7208
l{illiam I. Fleischer
P. 0. Box '1388
Vai'1, C0 81658
Dear f'lr. Fleischer:
Your request for a one-year's
approved.
extension for Access Pemit No. 3841]9 is
STA|EOFCCLOTUDO
December 20, 1985
R. P. t|osToN
DISTRICT ENGINEER
CID: rb cc: Buck Shrader file
/
Engineer
FEE PAiD t-2-19-84
(heroin )ie g1an194 OgtrnFsion
,to constructan access approach on th€ northddo of stato Highway ol 'r,e , ,feet hrlrr.h lrOm milepOst I ?q alsO knOwn aa.',.,0or the
purpose ol obtaining access to ,arhlng, sDrqF. ?or tarslt+at . The SqCO$ Apgnrch Fhnll bC f.gn$tuctad,
maintained and used in accordance with the State Highway hcccss Code, thctcrmrrt{,lliditio.rsoltbirDilnlt, site
require.ments noted b€low, thi8 paragraph, and listed attachmanl$. Thig pe6if {nt{lf nyefed h$lhail8utrrS
authority if at any time the psrmittsdaccoss approach rnd its us€ violateanyotthetetnrlnCoondlthnrof thhpermit
or the Stat€ Highway Accees Code. Tht use ol adwnce warning and oon.tructload0il,,flt|henq brrdOrrhr fnd
flagmen are roquirod et all tim€s during access approach con8truction with jn.6t8tc'rlght-ol-wey in contormrior Wlth
rhe MANUAL ON UNIFORM TRAFFIC CONTROL DEV|CES, Perr Vt, Th€ OcpilFrrnt ef,Highwayr, i|.onilbyrer
' and agent! shsll b6 Indemnlf ied and held harmlees egalnst any action or'damrgc tg proporty or perron! turtlied by
reason of the exercise and use of this permit
$ITE EEQUIREIIFIIITS i:tv.rr 'r1., /r
DEPARTMENT OF HIGHWAYS
STAiE OF COLORAOO
OIVISION OF HIGHWAYS
DOH Form l0l
n€y, Aplil,1Pg4. ., ) " .'STATE oEPARTITEi*T OF l,f r St{WSIF,
ACCESS PERMIT
sH No/Mp/sid. 17 0 Front,4? 5./Lt.
Locrt Jurirdictiol TOwn of ,VrlI
' Dirvsocrion/pj1;e1 3O22O
ool Prnnl'b..,'rr38liFg.'.-,'',
"'"flirnit Fce oi-:'rg:lanrg0--- r:--!-
of Transmi6rt l2-{-84
untLl
cnqyrq pfgnp drtinage co4trol.
, , I .,
I. W6rt Frop.rty
onto Property.2. Contracts rhcU tollov
. Dqpartrasnt of .{lghwlyr
Itnc ch.ll bt,,ftOSte !9 ptr?vcnf Vrhlslrr ffpn.dflXl*q"{r$p
t$e +tl$eablc aonrgrectlen tplelf*crltpm let t
rq. tbi*ltfr.i . Br0ut] S t.r|4*rd Eprelf *rflanr.,t*Coqgtiratlon :,,.. cn,r,r.,r*,3. owner 1r responrlblr for any otultt.. dtrruptjd by the gonpgpftlni ad thft +l*t..il,[gnd ,r] {rxpanaat tnsurraA f,or *Sqpalg, .. r....r., .,r }-.+.d9 .&
4. Drlv.way chrll bo con.truoeld 1.6 {ect vfdr wlth r ?O-foot rri*1.!|*4. rr.r*drrr
Surfaclng fG drtvon y"apgqorch fe rqgrrlr.d rr lpllowrr l? f,ghfgf clur 2, 6-lnch llftrr 6lnchcs of gllsg 6 gr.rvel 1n 2, 3-lnch ftftf"end 3 frfbat'6. coopactlon of lrbsrade r eEralo*nts and backflll lhell cqcpl.y'\r*th,g?9.3?.p.:?,g.lit.}:.f ,,
the Dlvlsion of Ulghways Stanilard Specitlcatlone.
7 . Ccmpactlon of Hot Bl-tumlncn]s Pav€rnent ( HBP ) shall canp J.y with goctlgn 4Ol. t7 o! tht ,i
Dlvlslon of Higtrways Standard Speclf !.catloDs.
If f rost i.s preeent ln the euJ4lrade, no surf .rcing r,raterlal ehgll be plecrd
frost lg gont, or rerncnred. '
'?'No dralnago frcm thj.s slte shall er,ter onto the gurface of thi t*flWey, .oYi thG flrrt, 2o feet beyond the closeot hlghway lenor includfng sgld ,f,hrngo ladtf, *all
a
lo.
11.
elI
, rl
slope dorn and away f,rom ttre b{gtrway at a 2t gradc Fo A ngn lB" X n 20' oulvc.rt ghall bo \re.d,
,.1
.i t$ r
.*r&,
. , tir
-,+,., ;.:.]i f,tr"
,L!- i .i ..runr4,t : :
.L; L . ..,. 1i}',. ,i:f
1?_
coPV orsTnrSuTrorl
Whil6. MTCE Saclion
PinX, Appticant /
Canery, Local Jurigdiction
'. tr{or.'j/l I
.:",, n h|t., 6utt ROW
' ..: Pink, MTCE P.tiol Filo -. Csnary, Inrpcctgr
elur, Tllffrc:ry!.
NOTICE iS HTREBY GIVTN that the
Town of VaiI wi'l 'l hold a nublic
PUBLIC NOTICE
Pl anni ng and Envi ronmental
heari no in accordance with
Commission of the
Section .l8.66.060
Town of Vail
Town Council
Vail, Colorado 8L657
Re: Rezonlng of Land AdJ oining the Breakaway West Condomlnium Association
Dear Town of Val1, Mayor, ToIIrD Council, Clty Manager, Plannlng ComLssion
ahd Design Review Authority:
The Town of Val1 has proposed a zonlng of greenbel-t and open space be assLgned
to an unzoned triangle of land between Breakaway l,lest and the Frontage Road.
The Breakaway West Condonlnium Assoclatlon, through thelr Board of Directors'
whoLeheartedly endorses thls rezoning. In fact, any zoning of this ProPerty
for other than greenbelt and oPen sPace would be unconscionable.
We understand the owner of the property may have authorl.ty from the state to
bulLd an access road from the Frontage Road, across the blke path and to the
property. we strongly urge and request the Tovm of vall reslst thls road
bulldlng actlvity slnce it would be a significant eyesore and a danger to cars
on the road and bikers/hikers on the path.
At your zoning neetlng on September 8th, please approve the rezoning of this
land to greenbelt and open space and dlrect your applicable departments to do
nhat the Town of Vail can do to prevelt an eyesore and hazatd'.
Thank you for your conslderaEion and please feel free to contact me as Presl-
dent of the Board of Dl.rectors, if I can be of help in any way. Our manager'
Don Henschel, has been lnstruc ted to be at the Sep tember 8th rneefing.
eR'*ga Robett J. Brabec
President, Board of Directors
Breakaway tr{est Condominlum Assoc .
600 Grant Street, Sulte 510
Denver, Colorado 80203
(303) 837-1026
t,Jt [r,,.L " g/ , ,-/ ) c
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of
the Town of VaiI will hold a public hearing in accordance with Section
'l 8.66.060 of the municipal code of the Town of Vail on September 8, 1986
at 3:00 PM in the Town Council chambers in the Vail Municipal Building.
Consideration of:
l. Request for front and sjde setback variances in order to construct
a two story garage and storage on Lot 18, 81 ock 7, VaiI Village
First-Fi1ing.
Appl icant: Tom Dri sko
2. Request for a height variance in order to install a sate'l lite dish
on the Vail Police Department area of the Vail Municipal Building
at 75 South Frontage Road.
Appl icant: Vail Police Department
3. Request to apply Greenbelt and Natura'l 0pen Space zoning to an
unzoned parcel of land located on the North Frontage Road and
bounded on two sides by Breakaway West Condominiums.
Applicant: Town of Vail
The applications and information about the proposals are available in the
zoning admjnjstrator's office during regular office hours for publ ic
'i nspecti on .
TOWN OF VAIL
COMMUNITY DEVELOPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administrator
Published in the Vail Trai l August 22, 1986.
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning
Commission of the Town of Vai'l will hold
accordance with Section .|8.66.060 of the
of Vail on September 22, 1986 at 3:00 PM
chambers in the Vail Municipal Building.
Consideration of:
and Env'i ronmental
a publ i c heari ng i n
municipal code of the Town
in the Town Council
't.
2.
Request for
construct an
Appl i cant:
front and
addi ti on
l,lilliam D.
stream setback variances in order to
on Lot 16, Bighorn Fourth Addition.
Benkelman
Request for
landing mats
App'l i cant:
a conditional
on the upper
Town of Vail
use permit in order
bench of Ford Park.
to i nstal 'l
density contro'l variances
Vail Valley Drive (Cornice
3. A request for setback, parking
to construct a new building at
Bujlding).
Applicant: Wa1 ter A. Huttner
and
362
4. Request to apply Greenbelt and Natural 0pen Space zoning to
an unzoned parcel of |and |ocated on the North Frontage Road
and bounded on two sides by Breakaway llest Condominiums,
Section 12, Township 5 South, Range 81 l,Jest, State Highway
Parcel 24..
Applicant: Town of Vail
The applications and information about the proposals are availab'le
in the zoning administrator's office during regular office hours
for public inspection.
TOI,IN OF VAIL
COMMUNITY DEVELOPI'IENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administrator
Published in the Vail Trail on September 5, .|986