HomeMy WebLinkAboutADM0900101. 4
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TOWN OF TAIL
Project Name:
Application Type:
ADMINISTRATIVE ACTION FORM
Department of Community Development
75 South Frontage Road
Vail, CO 81657
tel: 970-479-2138 fax: 970-479-2452
web: www.vailgov.com
LAZIER CONDO PLAT
CondThPl
ADM Number: ADM090010
Parcel: 2101-082-2200-1
Project Description:
CONDO PLAT AT LAZIER ARCADE
Participants:
OWNER ROBERT LAZIER
APPLICANT JAY PETERSON
108 S FRONTAGE RD
STE 208
VAIL
CO 81657
Project Address: 10 WALL ST VAIL
09/01/2009
09/01/2009 Phone: 970-476-0092
Location: LAZIER ARCADE
Legal Description: Lot: B Block: Subdivision: LAZIER ARCADE CONDO
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:
Vote: Date of Approval: 09/01/2009
Meeting Date:
Conditions:
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).
Planner: RACHEL FRIEDE DRB Fee Paid: $0.00
TOWN OF VAIL, COLORADO Statement
Statement Number: R090001049 Amount: $100.00 08/21/200912:30 PM
Payment Method: Check Init: RLF
Notation: 7710 BAILEY &
PETERSON wM 0400~a
Permit No: Type: PEC - Condo/T.H. Plat Re
Parcel No: 2101-082-2200-1
Site Address: 10 WALL ST VAIL
Location: LAZIER ARCADE
Total Fees: $100.00
This Payment: $100.00 Total ALL Pmts: $100.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 100.00
APPLICATION FOR
CONDOMINIUMITOWNHOUSE PLAT REVIEW
(TITLE 13 Vail Municipal Code)
(please print or type)
A. APPLICANT
MAILING AC ESSv C,
PHONE 1- y h- g t~ e~ 6
B. APPLICANT'S REPRESENTATIVE Me
G,C1 Jam. _
MAILING ADDRESS
PHONE
C. PROPEI
OWNER
PHONE
D
MAILING ADDRESS- CS _ 4~ ElC~,~ J ~r CX: t 8
LOCATION OF PROPOSAL:
LOT BLOCK SUBDIVISION FILING
STREET ADDRESS
PARCEL NO. (Contact Eagle Co Assessor 328-8640)
E. APPLICATION FEE $100.00 PAID CHECK # DATE
F. MATERIALS TO BE SUBMITTED:
Two mylar copies and one paper copy of the subdivision plat shall be
submitted to the Department of Community Development. The plat shall
include a site map with the following requirements:
a. The final plat shall be drawn by a registered surveyor in India ink, or
other substantial solution, on a reproducible medium (preferably
mylar) with dimension of twenty-four by thirty-six inches and shall be
at a scale of one hundred feet to one inch or larger with margins of
one and one-half to two inches on the left and one-half inch on all
other sides.
b. Accurate dimensions to the nearest one-hundredth of -a foot for all
lines, angles and curves used to describe boundaries, streets,
setbacks, alleys, easements, structures, areas to be reserved or
dedicated for public or common uses and other important features. All
curves shall be circular arcs and shall be defined by the radius,
1
AbH010010
M. All current taxes must be paid prior to the Town's approval of plat.
This includes taxes which have been billed but are not yet due. The
certificate of taxes paid must be signed on the plat or a statement
from the Eagle County Assessor's Office must be provided with the
submittal information stating that all taxes have been paid.
Signature of owner.
2. The condominium or townhouse plat shall also include floor plans,
elevations and cross-sections as necessary to accurately determine
individual air spaces and/or other ownerships and if the project was built
substantially the same as the approved plans.
3. A copy of the condominium documents for staff review to assure that there
are maintenance provisions included for all commonly owned areas.
G. APPROVAL PROCESS, REVIEW CRITERIA
Upon receiving two copies of a complete submittal along with payment of the
appropriate fee, the zoning administrator shall route one copy of the site map to the
town engineer for his review. The zoning administrator shall then conduct this
review concurrently. The town engineer shall review the submittal and return
comments and notifications to the zoning administrator who shall transmit the
approval, disapproval or approval with modifications of the plat within fourteen days
to the applicant. The zoning administrator shall sign the plat if approved or require
modifications on the plat for approval or deny approval due to inconsistencies with
the originally approved plan or failure to make other required modifications of the
plat.
H. FILING AND RECORDING
The zoning administrator shall be the final signature required on the plat so that the
Department of Community Development will be responsible for promptly recording
the approved plat with the Eagle County Clerk and Recorder. Fees for recording
shall be paid by the applicant. The Community Development Department will retain
one mylar copy of the plat for their records and will record the remaining mylar copy.
If this application requires a separate review by any local, State or Federal agency
other than the Town of Vail, the application fee shall be increased by $200.00.
Examples of such review, may include, but are not limited to: Colorado Department
of Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees which are in excess
of 50% of the application fee. If, at the applicant's request, any matter is postponed
for hearing, causing the matter to be re-published, then the entire fee for such re-
publication shall be paid by the applicant.
Applications deemed by the Community Development Department to have significant
design, land use or other issues which may have a significant impact on the
community may require review by consultants other than town staff. Should a
determination be made by the town staff that an outside consultant is needed to
review any application, the Community Development Department may hire an
outside consultant, it shall estimate the amount of money necessary to pay him or
her and this amount shall be forwarded to the Town by the applicant at the time he
files his application with the Community Development Department. Upon completion
of the review of the application by the consultant, any of the funds forwarded by the
applicant for payment of the consultant which have not been paid to the consultant
shall be -returned to the applicant. shall be paid to the Town by the applicant within
amount t forwarded by the e application
30 days of notification by the Town.
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central angle, arc scored distances and bearing. All dimensions, both
linear and angular, are to be determined by an accurate control
survey in the field which must balance and close within a limit of one
in ten thousand.
C. . North arrow and graphic scale.
A systematic identification of all existing and proposed buildings,
units, lots, blocks, and names for all streets.
e. An identification of the streets, alleys, parks, and other public areas
or facilities as shown on the plat, and a dedication thereof to the
public use. An identification of the easements as shown on the plat
and a grant thereof to the public use. Areas reserved for future
public acquisition shall also be shown on the plat .
f. A written survey description of the area including the total acreage
to the nearest appropriate significant figure. The acreage of each
lot or parcel shall be shown in this manner as well.
g. A description of all survey monuments, both found and set, which
mark the boundaries of the subdivision, and a description of all
monuments used in conducting the survey. Monument perimeter
per Colorado statutes. Two perimeter monuments shall be
established as major control monuments, the materials which shall
be determined by the town engineer.
h. A statement by the land surveyor explaining how bearing base was
determined.
i. A certificate by the registered land surveyor as outlined in Chapter
17.32 of this title as to the accuracy of the survey and plat, and that
the survey was performed by him in accordance with Colorado
Revised Statutes 1973, Title 38, Article 51.
j. A certificate by an attorney admitted to practice in the State of
Colorado, or corporate title insurer, that the owner(s) of record
dedicating to the public the public right-of-way, areas or facilities as
shown thereon are the owners thereof in fee simple, free and clear
of all liens and encumbrances except as noted.
k. The proper form for filing of the plat with the Eagle County Clerk
and Recorder.
Certificate of dedication and ownership. Should the certificate of
dedication and ownership provide for a dedication of land or
improvements to the public, all beneficiaries of deeds of trust and
mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to the fee simple
owner thereof.
AMENDMENT
AND
SUPPLEMENTAL CONDOMINIUM DECLARATION
FOR
THE LAZIER-AR CADE CONDOMINIUM BUILDING
(a Condominium Community)
THIS AMENDMENT AND SUPPLEMENTAL CONDOMINIUM DECLARATION
(this "Amendment") is made on the date set forth below by Robert T. Lazier and Diane J. Lazier
("Declarant").
RECITALS
A. Declarant, as the owner of certain real estate in the County of Eagle, State of
Colorado, executed and recorded that certain Declaration for The Lazier-Arcade Condominium
Building, a Condominium Community, in the records of the Clerk and Recorder of Eagle
County, Colorado (the "Declaration").
B. Contemporaneous to and in conjunction with the execution and recording of the
Declaration, Declarant caused to be executed and recorded that certain Map of The Lazier-
Arcade Condominium Building in the records of the Clerk and Recorder of Eagle County,
Colorado (the "Map") identifying, among other things, the physical boundaries of Units and
common elements in The Lazier-Arcade Condominium Building.
C. Exhibit B of the Declaration sets forth the appurtenant undivided percentage
interests in the general common elements allocated to each of the Units in The Lazier-Arcade
Condominium Building (the "Allocated Interests").
D. The Declaration provides for expansion, division, combination, reallocation and
other reserved rights of the Declarant related to the Units and Common Elements.
E. Pursuant to such authority, Declarant now desires to divide, combine, and
otherwise alter the Units and Common Elements on the first and second floors of The Lazier-
Arcade Condominium Building as identified in Exhibit B to the Declaration and as shown on the
Map. Declarant does not desire to alter any boundaries or reallocate any Allocated Interests on
the third floor of the Lazier-Arcade Condominium Building.
F. Declarant has determined the physical boundaries of the Units and common
elements of first and second floors of The Lazier-Arcade Condominium Building, as altered and
reconfigured pursuant to Declarant's authority under the Declaration, and has set forth the
location and boundaries of the amended spaces on that certain Map of The Lazier-Arcade
Condominium Building - First Amendment (the "First Amended Map"), prepared, executed and
filed of record contemporaneously with this Amendment.
G. Declarant has further determined and hereby establishes the altered and
reconfigured physical boundaries of additional Units and Common Elements on the second floor
of The Lazier-Arcade Condominium Building as set forth in Exhibit B-I to this Amendment and
the First Amended Map.
H. Declarant has further determined and hereby establishes the amended Allocated
Interests of the first and second floor Units (the "Amended Allocated Interests") which interests
are set forth in Exhibit B-2 to this Amendment.
I. Declarant has the power and authority pursuant to state statutes and the
Declaration, to undertake and accomplish the alterations and reconfiguration of the Units,
Common Elements and Allocated Interests as set forth in this Amendment and the Amended
Map.
J. This Amendment has been determined by the Declarant to be reasonable and not
burdensome.
NOW THEREFORE, Declarant declares as follows:
1. Dedication of Property.
Pursuant to the Declaration and the First Amended Map, and as provided for in paragraph
2 below, the property described in Exhibit A (attached and incorporated by this reference)
is subject to all of the terms and provisions of the Declaration, this Amendment and the
First Amended Map.
2. First Amended Map.
Pursuant to the Declaration, Declarant has prepared and recorded, in the records of the
Office of the Clerk and Recorder of Eagle County, Colorado at Reception
No. , the First Amended Map for The Lazier-Arcade
Condominium Building covering the property which is described in Exhibit A.
3. Division into Condominium Units.
Declarant hereby eliminates certain existing Condominium Units and reestablishes
additional Condominium Units in the Condominium Community, as a part of the "Entire
Premises."
The eliminated Condominium Units and reestablished additional Condominium Units
hereby created by this Amendment are identified in Exhibit B-I (attached and
incorporated by this reference) and as set forth in the First Amended Map referred to
above.
2
4. Number of Units/Allocated Interests.
The total number of Units, ownership interests, Common Expense liabilities, and votes
determining each Units Allocated Interests are reestablished and allocated as provided in
the Declaration as supplemented, amended and corrected, all as set forth in Exhibit B-2
attached to this Amendment and incorporated by reference, replacing all such Allocated
Interests of Units set forth in Exhibit B to the Declaration.
The boundaries or Allocated Interests of the third floor Units are not altered or affected by
this Amendment or the First Amended Map.
As Units are added to or withdrawn from the Community, pursuant to the provisions of
the Declaration and the Act, the formulas set forth in the Declaration shall be used to
reallocate the Allocated Interests.
The allocations set forth in Exhibit B-2 may be amended and/or supplemented from time
to time by reserved right of the Declarant.
The Declarant may also establish alternative forms of allocation, as it may determine, by
amendment or supplement of the Declaration, and exercise other reserved rights, as
allowed for in the Declaration and/or under the Act.
The foregoing reserved development rights of the Declarant are reserved for the periods
of time as set forth in the Declaration.
5. Limited Common Element Interests.
Limited Common Element interests appurtenant to first and second floor Condominium
Units as set forth in Exhibit C to the Declaration, having been altered, are eliminated and
are hereby replaced and reallocated by those set forth in the First Amended Map.
Limited Common element interests appurtenant to third floor Condominium Units remain
unchanged and unaltered by this Amendment or the First Amended Map from those set
forth in Exhibit C to the Declaration.
6. Definitions.
Unless otherwise defined in this Amendment, initially capitalized terms or terms defined
in the Declaration shall have the same meaning in this Amendment as provided for in the
Declaration.
7. No Other Amendments.
Except as amended by this Amendment and the First Amended Map, the original
Declaration and Map remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed by the undersigned.
Dated this ~A day of , 2008.
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing was acknowledged
beforg-me by Robert T. Lazier as Declarant of The Lazier-Arcade Condominium Building on this
CQ day of 2008.
Witness my hand and official seal.
4
DECLARANT & OWNER:
By:
Diane J. Lazier
STATE OF COLORADO )
) ss.
COUNTY OF
The foregoing as acknowledged before me by Diane J. Lazier as Declarant and Owner
of The Lazier-Arcade Condominium Building on this day of
2008.
V (0-
Witness my hand and official seal.
N tary P blic
commission expires: 13
Consented to by
OWNER CONDOMINIUM UNIT 205:
By: Vc~~41 6"
STATE OF COLORADO )
ss.
COUNTY OF S&=A )
The foregoing was acknowledged befor;~ay e Cbas Owner of Condominium Unit 205, The
Lazier-Arcade Condominium Building on this of 2008.
Witness my hand and official seal.
is
com fission expires: cs_ ON (31
5
EXHIBIT A
DESCRIPTION OF REAL ESTATE
THE LAZIER-ARCADE CONDOMINIUM BUILDING ACCORDING TO THE
CONDOMINIUM MAP THEREOF RECORDED JANUARY 25, 1968 IN BOOK 212 AT
PAGE 94 AND AS DEFINED IN CONDOMINIUM DECLARATION FILED JANUARY 25,
1968 RECEPTION NO. 107451, COUNTY OF EAGLE, STATE OF COLORADO.
EXHIBIT B-1
Deleted Second Floor Units
201
202
203
204
Additional Second Floor Units
200
202
204
205
206
210
220
225
230
235
240
245
250
255
Total Number of 14
Second Floor Units
EXHIBIT B-2
ALLOCATED INTERESTS FOR ALL UNITS
Unit #
Approximate Square
Footage of Each Unit
Percentage Interest in
the Common
Elements and
Common Expenses
for Each Unit
Basement
1
875
6.2
First Floor
101
659
4.6
First Floor
102
808
5.7
First Floor
103
1769
12.4
First Floor
104
566
4.0
Second Floor
200
581
4.1
Second Floor
202
37
0.2
Second Floor
204
7
0.1
Second Floor
205
420
3.0
Second Floor
206
7
0.1
Second Floor
210
229
1.6
Second Floor
220
237
1.7
Second Floor
225
240
1.7
Second Floor
230
265
1.8
Second Floor
235
194
1.4
Second Floor
240
317
2.2
Second Floor
245
276
1.9
Second Floor
250
400
2.8
Second Floor
255
293
2.0
Third Floor
301
4.8
Third Floor
302
4.2
Third Floor
303
4.8
Third Floor
304
4.8
Third Floor
305
4.8
Thins Floor
306
4.8
Third Floor
307
4.8
Third Floor
308
4.8
Third Floor
309
4.7
TOTAL
28
100%
AFTER RECORDING RETURN TO:
Bailey & Peterson
108 South Frontage Road West
Suite 208
Vail, CO 81657