HomeMy WebLinkAboutDRB090537Design Review Board
ACTION FORM
TOM OF VE
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97€1.479.2139 fax: 970.479.2452
web: wrww.vailgov.com
Project Name: Yue Res.GRFA DRB Number: DRB090537
Project Description:
CONVERT COMMERCIAL OFFICE SPACE (GARAGE) TO GRFA
Participants:
OWNER LAZIER, ROBERT T. & DIANE J.
PO BOX 1325
VAIL
CO 81658
APPLICANT BAUER HOME IMPROVEMENT
PO BOX 1015
EDWARDS
CO 81632
License: 312-A
CONTRACTOR BAUER HOME IMPROVEMENT
PO BOX 1015
EDWARDS
CO 81632
License: 312-A
10/19/2009
10/19/2009 Phone: 970-390-2909
10/19/2009 Phone: 970-390-2909
Project Address: 635 N FRONTAGE RD W VAIL Location: UNIT G-15, SUN VAIL
Legal Description: Lot: 9 Block: 2 Subdivision: Vail Potato Patch
Parcel Number: 2101-063-2901-5
Comments:
BOARD/STAFF ACTION
Motion By: Action: WITHDRWN
Second By:
Vote: Date of Approval:
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).
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: APPEALS.
Cond:202
~.~rt'tfrF►rnr~Trirr`l ~ , ~r;,:~°•;aw...• ' ' _
Fax:.97 a=479=2452:
Web: ,'wyrw.~arlgcv~lrt~'
D~'vclapry0141 p6~,,
Application for Design Review
Minor Exterior Alteration
DID
OCT 16 2009
(;c:neral Information: This application is required for all proposals involving minor cha er?
provr_rrrent;, such as roofing, painting, window additions, landscaping, fences, retaining IN
1'rmn Oode sectlons can be found at ov.aom under Vail Information - Town Cade Online. All projects re-
quiring des-ign review must receive approval prior to submitting a building permit application. An ,application for Design
N,rview cannot be accepted until all required information is received by the Community DevelopmFnt Dcpartment, as
ou0ned in the submittal requirements. The project may also nod to be reviewed by the l'own Council and/or the Plan-
ting awl Environmental Commission. Design review approval expires one year from the date of approval, unless a
building permit is issued and construction cornmences.
Fee; $250 for Multi-Family/Commercial
$20 for Single Family/Duplex
Single Family Duplex` Multi-Family .-_--Commercial
Description of the Request:
AiV
Physical Address: e/p 3~ N, "010 1W:~O b,'>nA--h
Parcel Number:
Property Owner:
Mailing Address.
Department, of Community Development
75 South Frontage Road ,
' Vai1,.Celor'
ado-=. 81657'x;
at 97C-:;713 6G~p for parcel no.)
9 )E
Done:
Primary Contact/ Owner Representative: _406W",-
VC-
Mailing Address:
Phone: 0 _
E-Mail: f~ Gy/t/~ o C 0 Fax: 'L' - L?.~'~ _
r~`• u
For Office; Use Only: Cash_ CC: Visa / MC last 4 CC # l-h u Check
I-Ce paid: G_`c0 Received From:... 42,f -to
to l
Meeting Dot . ~L l 8 ~ v%A.~- -
DRB No.:..~~V
Hanner: _ _ ProjeA No: G-Qtj.S j_ - -
~'oninrl: _ Land Use:
lxxatiun of the Proposal: Lot:_-_ Block:.. Subdlvision ~a
(PLAN): Approval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Planner: Warren Campbell DRB Fee Paid: $300.00
imail - FW: Yue Garage 15 modification request.pdf - Adobe Reader
s
Zdenek Bauer <bhLhomes@gmaN.com>
FW: Yue Garage 15 modification request.pdf - Adobe
Reader
1 message
Dale Bugby <DBugby@vailresortrentals.com> Mon, Oct 12, 2009 at 10:32 AM
To: bhi.homes@gmail.com
Cc: "Bruce C. Arxlerson" <banderson@stetmil.com>, cheryl miller <ckrriller44 @yahoo.com>, Barry Radell
<barryradell@msn.com>
Hello Zdenek:
The Sun Vail Garage Building Association has voted on and approved the modifications to garage 15 outlined in
your drawings of 10/6/09. Please use this letter to obtain your permit from the Town of Vail.
Dale Bugby
President
Vail Resort Rentals, Inc.
www.VailResortRentals.com
970-476-MO
970-476-5026 fax
Vistar Real Estate, Inc.
www.VistarRealEstate.com
970-476-6223
From: Bruce C. Anderson [mailto:banderson@stetmil.coml
Sent: Wednesday, October 07, 2009 6:28 AM
To: Dale Bugby
Subject: RE: Yue Garage 15 modification request.pdf - Adobe Reader
Yes
From: Dale Bugby [mailto:DBucibv(~)VaiiResortRentals.Com]
Sent: Tue 10/6/2009 3:38 PM
To: Bruce C. Anderson; Newblatt, Bob; 'Barry Radell'; ckmiller44C)yahoo.com; 'Kathryn Griesinger'
Subject: Yue Garage 15 modification request.pdf - Adobe Reader
Please vote on the attached request as the SVCA board and also the SVGA board. (Barry, Bruce, Cheryl)
Dale Bugby
President
Vail Resort Rentals, Inc.
www.VailResortRentals.com
970-476-0900
970-476-5026 fax
Vistar Real Estate, Inc.
www.VistarRealEstate.com
http://mail.google.com/mail/?tn 2&i1--3d756178df&view=pt&seazch=...
of 2 10/ 13/2009 6:33 AM
EAGLE COUNTY, Co zees ins
Pgs-. 50 09:32'-OBAM 08/21/2009
,c
AMENDED AND RESTATED
DECLARATION
OF
SUN VAIL GARAGE BUILDING
CONDOMINIUMS
`Y/`wee- f 'l- /i
AFTER RECORDING RETURN TO:
ORTEN CAVANAGH RICHMOND & HOLMES, LLC
1301 WASHINGTON
SUITE 350
GOLDEN; CO 80401
TABLE OF CONTENTS
ARTICLE 1
SUBMISSION/DEFINED TERMS/ROOF AND UTILITY ASSESSMENT »...1
Section 1.1
Submission of Real Estate ..............................................................................................1
Section 1.2
Defined Terms ................................................................................................................2
ARTICLE 2
NAMES/DESCRIPTION OF REAL ESTATE ..........................................................5
Section 2.1
Name and Type ..............................................................................................................5
Section 2.2
Real Estate ......................................................................................................................5
Section 2.3'
Utility, Map and Plat Easements ....................................................................................5
Section 2.4
Utility Reservations ........................................................................................................5
Section 2.5
Easements for the Association and Unit Owners ...........................................................6
Section 2.6
Emergency Easements ....................................................................................................6
Section 2.7
Licenses of Common Element Areas .............................................................................6
Section 2.8
Reciprocal Easements .....................................................................................................6
ARTICLE 3
THE ASSOCIATION ...................................................................................................6
Section 3.1
Membership ....................................................................................................................6
Section 3.2
General Purposes and Powers of the Association ..........................................................7
Section 3.3
Authority of the Association ..........................................................................................7
Section 3.4
Specific Powers ..............................................................................................................7
Section 3.5
Allocated Interests/Allocated Class Interests .................................................................7
Section 3.6
Square Footage of Units .................................................................................................7
Section 3.7
Indemnification ..............................................................................................................8
Section 3.8
Declarant control 8
ARTICLE 4 UNITS, COMMON ELEMENTS AND LIMITED COMMON ELEMENTS ...8
Section 4.1
Number of Units .............................................................................................................8
Section 4.2
Identification of Units/Unit Descriptions
..8
Section 4.3
Unit Boundaries
..9
Section 4.4
Unit Maintenance and Covenants of Owners
10
Section 4.5
Construction of Replacement Roof - Reservation of the Declarant - Roof and
Utility Assessment by the Association..........»
11
Section 4.6
Association Maintenance
11
Section 4.7
Maintenance Standards of the Association and Interpretation
13
Section 4.8
Common Elements
13
Section 4.9
Limited Common Elements
13
Section 4.10
Power to Provide Special Services
14
Section 4.11
Unit Owners' Easements of Enjoyment
14
Section 4.12
Delegation of Use
14
Section 4.13
Modifications to Units
14
ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS » ...................17
Section 5.1 Creation of Association Lien and Personal Obligation to Pay Common
Expense Assessments ...................................................................................................17
Section 5.2
Apportionment of Common Expenses .........................................................................17
Section 53
Utility Assessments and Utility Billings ......................................................................17
Section 5.4
Annual Assessment/Commencement of Common Expense
Assessments/Budgets of the Association .....................................................................18
Section 5.5
Effect of Non-Payment of Assessments .......................................................................18
Section 5.6
Lien Priority .................................................................................................................19
Section 5.7
Owner's Negligence or Misconduct .............................................................................19
Section 5.8
initial Funding of the Association ................................................................................19
Section 5.9
Assessments Related to Limited Common Elements ...................................................19
Section 5.10
Association Borrowing .................................................................................................19
ARTICLE 6
RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY .........................20
Section 6.1
Restriction on Ownership, on Retention of Ownership and Upon Resale ...................20
Section 6.2
Use, Occupancy and Use Protections ...........................................................................21
Section 6.3
Termination of the Community and the Declaration ....................................................21
Section 6.4
Restrictions and Covenants on Leasing of Units ..........................................................23
Section 6.5
Vehicular Parking, Storage, and Repairs ......................................................................23
Section 6.6
Covenants and Prohibition on Damage, Nuisance and Noise ......................................24
Section 6.7
Pets ...............................................................................................................................26
Section 6.8
Covenants Related to an Owner's Failure to Maintain a Unit ......................................26
Section 6.9
Use of Common Elements ............................................................................................27
Section 6.10
Rubbish, Trash and Garbage ........................................................................................27
Section 6.11
Nuisances .....................................................................................................................27
Section 6.12
Compliance with Insurance Requirements ...................................................................27
Section 6.13
No Unsightliness ..........................................................................................................27
Section 6.14
Restriction on Signs and Advertising Devices .............................................................28
Section 6.15
No Restrictions on Mortgaging of a Unit .....................................................................28
Section 6.16
Storage Restrictions ......................................................................................................28
Section 6.17
Restrictions on Exterior Building Changes, Structural Alterations,
Improvements, Penetrations and Cut-Outs 28
Section 6.18
Rules and Regulations ..................................................................................................28
Section 6.19
Declarant's Use/Re-Construction of Roof ....................................................................28
ARTICLE 7
INSURANCE/CONDEMNATION ...........................................................................29
Section 7.1
Insurance Requirements ...............................................................................................29
Section 7.2
Insurance to be Maintained by Owner on Improvements Within the Units
and Other Owner Responsibilities ................................................................................30
Section 7.3
General Provisions Concerning Insurance ...................................................................31
Section 7.4
Deductibles ...................................................................................................................31
Section 7.5
Insurance Trustee .........................................................................................................32
Section 7.6
Association Insurance as Primary Coverage ................................................................32
Section 7.7
Acceptable Insurance Companies ................................................................................32
Section 7.8
Annual Review of Insurance Policies ..........................................................................32
Section 7.9
Notice of Cancellation ..................................................................................................32
Section 7.10
Non-liability of Association and Directors ...................................................................32
Section 7.11
Adjustments by the Association 33
Section 7.12
Distribution of Condemnation and Property Insurance Proceeds ................................33
ii
ARTICLE 8 SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY
INTERESTS ...............................................................................................................33
Section 8.1 Member and Eligible Holder Approval ........................................................................33
Section 8.2 Notice of Action ...........................................................................................................34
Section 8.3 Notice of Objection ......................................................................................................3 5
Section 8.4 Right to Pay Taxes and Insurance Premiums ...............................................................35
Section 8.5 Financial Statements and Other Documents .................................................................35
ARTICLE 9 GENERAL PROVISIONS .........................................................................................35
Section 9.1
Compliance With and Enforcement of Governing Documents ....................................35
Section 9.2
Severability ...................................................................................................................37
Section 9.3
Term of Declaration .....................................................................................................37
Section 9.4
Amendment of Declaration ..........................................................................................37
Section 9.5
Amendment of Declaration, Map or Plat by Declarant ................................................38
Section 9.6
Amendment Required by Eligible Holders or Agencies ..............................................38
Section 9.7
Required Consent of Declarant to Amendment ............................................................39
Section 9.8
Development Rights and Special Declarant Rights ......................................................39
Section 9.9
Additional Reserved Rights/Construction and Access Easements ...............................40
Section 9.10
Security Disclaimer ......................................................................................................40
Section 9.11
Captions ........................................................................................................................40
Section 9.12
Interpretation ................................................................................................................41
Section 9.13
Singular Includes the Plural .........................................................................................41
Section 9.14
Validity of Amendments ..............................................................................................41
EXHIBIT A
DESCRIPTION OF REAL ESTATE .........................................................................»43
EXHIBIT B
ALLOCATED INTERESTS 44
EXHIBIT C
ADDITIONAL EASEMENTS THAT MAY BE ANNEXED 45
111
AMENDED AND RESTATED DECLARATION
OF
SUN VAIL GARAGE BUILDING CONDOMINIUMS
This Condominium Declaration is made effective upon recording.
RECITALS
A. Robert T. Lazier and Diane J. Lazier ("Declarant") recorded a Condominium
Declaration for Sun Vail Gara. a Building Condominiums on 11 1 ~1 ` ~--0 Og , at
Reception No. )L 0 Vq )-`4 T). "7 , et seq., in the office of the Clerk and
Recorder of Eagle County (hereinafter referred to as the "Original Declaration").
B. Article 9, Section 9.4 of the Original Declaration provides that the Original
Declaration may be amended or repealed upon approval of at least 67% of the total number of
votes of Members of the Association.
C. This Declaration does not alter the undivided interest of the Units and does not
terminate the Condominium.
D. Owners holding at least 67% of the total Association vote desire to amend the
Original Declaration and have approved this Amended and Restated Declaration (hereinafter
referred to as the "Declaration") in writing and such Owners have determined this Declaration to
be reasonable and not burdensome.
NOW, THEREFORE, the Original Declaration is replaced by the covenants, servitudes,
easements and restrictions set forth below.
ARTICLE 1
SUBMISSIONIDEFINED TERMS/ROOF AND UTILITY ASSESSMENT
Section 1.1 Submission of Real Estate. Declarant declares that all of the Real Estate
shall be held or sold, and conveyed subject to the easements, restrictions, covenants and
conditions of this Declaration. The Declarant submits the Real Estate described in Exhibit A, all
easements, rights and appurtenances thereto, the buildings and improvements erected or to be
erected thereon, and such additional easements as may be subsequently added [pursuant to the
rights reserved in this Declaration or as allowed for under the Colorado Common Interest
Ownership Act, C.R.S. § 38-33.3-101, et seq., as it may be amended from time to time (the
"Act")] to the provisions of the Act and to the terms and conditions of this Declaration. In the
event the Act is repealed, the Act on the effective date of this Declaration shall remain
applicable. Declarant further declares that this Declaration is made for the purpose of protecting
the value and desirability of the Real Estate, that this Declaration shall run with the Real Estate
and shall be binding on all parties having any right, title or interest in the Real Estate or any part
thereof, their heirs, legal representatives, successors and assigns and shall inure to the benefit of
each Unit Owner thereof-
Section 1.2 Defined Terms. Each capitalized term in this Declaration or in the Map
shall have the meaning specified or as used in the Act, unless otherwise defined in this
Declaration:
(a) "Act" means the Colorado Common Interest Ownership Act, CKS. § 38-
33.3-101, et seq., as it may be amended from time to time.
(b) "Agency" or "Agencies" means any generally recognized secondary
mortgage market agency or entity, including, but not limited to, the Federal National
Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC
or Freddie-Mac), the Governmental National Mortgage Association (GNMA), the
Federal Department of Housing and Urban Development (HUD or FHA) or the Veterans
Administration (VA).
(c) "Assessment" includes all Common Expense or general member
Assessments, any class of Assessments (if classes of Owners/Units are created),
Insurance Assessments, Utility Assessments, and any other expense levied to a Unit
pursuant to this Declaration or the Act.
(d) "Association" means Garage Building Condominium Association, Inc., a
Colorado nonprofit corporation, and its successors.
(e) "Common Elements" means the Real Estate within the Community other
than the Units, which portion of the Real Estate shall be co-owned by the Owners and
shall be as designated on the Map and in this Declaration.
(f) "Common Expense" means any expenditure made a liability received by
or on behalf of the all Units/Members, together with any allocations to reserves, other
than expenditures relating to insurance and utilities to the extent such expenditures relate
to a particular Unit, a class of Unit or are based on actual usage or classification of such
unit.
(g) "Common Expense Assessment" means an Assessment levied for
Common Expenses.
(h) "Community" means and refers to the Condominium Community of Sun
Vail Garage Building Condominiums, which community is a Condominium Community
as defined in the Act and which Condominium Community is also a Common Interest
Community as defined in the Act.
(i) "Declarant" means the Declarant named in this Declaration, any heirs or
successors by death of either or both of the individually named Declarants (without a
written transfer), and any successor and/or assignee designated by written notice or
assignment executed by Declarant and by the transferee and recorded, to the extent any
rights or powers reserved to Declarant are transferred or assigned to such transferee.
2
0) "Declarant Control" means the period of time commencing on the date of
recordation of this Declaration and expiring on the earlier of (1) 64 days after conveyance
of 75% of the Units that may be created by Declarant, or (2) 2 years after the last
conveyance of a Unit by Declarant in the ordinary course of business; provided, however,
that if Declarant Control has not terminated pursuant to the foregoing provisions,
Declarant Control shall in any case terminate on the date upon which all property that
may be annexed into the Community has become a part of the Community and the last
Unit within the Community that can be conveyed by Declarant has been conveyed by
Declarant.
(k) "Development Rights" or "Special Declarant Rights" means those rights
set forth in this Declaration and those rights set forth in the Act.
(1) "Director" means any person serving as a member of the Executive Board.
(m) "Eligible Holder" means a holder, insurer or guarantor of a first lien
security interest who has delivered a written notice to the Association containing its
name, address, the legal description and the address of the Unit upon which it holds a
security interest.
(n) "Executive Board" "Board" or "Board of Directors" means the body,
regardless of name, designated in this Declaration to act on behalf of the Association.
(o) "Governing Documents" means this Declaration, the Map, the Articles of
Incorporation, the Bylaws and any Rules and Regulations of the Association, as all of the
foregoing may be amended from time to time.
(p) "Insurance Assessment" means an Assessment levied for insurance
covering a particular Unit.
(c) "Limited Common Elements" means those portions of the Common
Elements, if any, designated by Declarant or the Association for the exclusive use of one
or more but fewer than all of the Units, or by class, as may be shown on the Map, and
including any storage areas.
(r) "Map" means the Condominium Map of Sun Vail Garage Building
Condominiums, as named or titled and as recorded, which is an engineering survey (and
any supplements and amendments thereto) of the Community depicting and locating
thereon the location of the buildings, the Units and any use designations, the Common
Elements, the Limited Common Elements, floors and elevations, and all of the land and
improvements thereon, which Map is incorporated herein and made a part of this
Declaration by reference.
(s) "Member" means and refers to those persons entitled to membership in the
Association, as provided in the Bylaws and as set forth herein. Member, where
applicable, may also mean a class of Member, if classes are created by the Declarant
and/or as the context requires.
(t) "Officer" means any person serving as an officer of the Association in
accordance with the Bylaws.
(u) "Owner" or "Unit Owner" means the Declarant or any other person or
entity that owns a Unit.
(v) "Party or Parties With Express Rights Under This Declaration" shall
include certain persons who are or may not be an Owner of a Unit in the Sun Vail Garage
Building Condominiums but are owners of condominium units created and established
under the Sun Vail Declaration and the owner association operating under the Sun Vail
Declaration. These parties have express rights under specific and various provisions of
this Declaration.
(w) "Real Estate" means the property described in Exhibit A, as that exhibit
may be modified by annexation, supplement or amendment of this Declaration, and such
additional easements as may be subsequently added, pursuant to the expansion rights
reserved in this Declaration, together with all easements, rights, and appurtenances
thereto and the buildings and improvements erected or to be erected thereon. All
easements and licenses which the Community is subject to as of the date of this
Declaration are recited in Exhibit A, as that exhibit may be modified by annexation,
supplement or amendment, from time to time.
(x) "Rules and Regulations" means any instrument, however denominated,
which is adopted by the Executive Board for the regulation and management of the
Community, including any amendment to such instruments.
(y) "Sun Vail Declaration" shall mean that certain Condominium Declaration
for Sun Vail Condominiums recorded in the records of the Clerk and Recorder of Eagle
County, Colorado on July 13, 1979, at Reception No. 184545, as amended and
supplemented of record.
(z) "Unit" means a physical portion of the Community, designated for
separate ownership, shown as a Unit on the recorded Map for the Community, the
boundaries of which are defined in the Map and in this Declaration.
(aa) "Utility Assessment" means an Assessment for utilities based on the actual
usage of utilities by a particular Unit.
(bb) "Utility Systems" has the meaning set forth in the applicable portions of
this Declaration.
4
ARTICLE 2
NAMES/DESCRIPTION OF REAL ESTATE
Section 2.1 Name and Tyne. The type of Common Interest Community is a
Condominium Community. The name of the Condominium Community is "Sun Vail Garage
Building Condominiums" The name of the Association is the "Garage Building Condominium
Association, Inc."
Section 2.2 Real Estate. The Community is located in the County of Eagle County,
State of Colorado. The initial Real Estate of the Community is described in Exhibit A, as that
exhibit may be modified by annexation, supplement or amendment, from time to time. All
easements and licenses to which the Community is presently subject are recited in Exhibit A, as
that exhibit may be modified by annexation, supplement or amendment, from time to time.
Additional easements are established in the Act. The Community may be subject to other
easements or licenses granted pursuant to this Declaration, or granted by authority reserved in
any recorded document or established in the Act.
Section 2.3 Utility Map and Plat Easements. Easements for utilities and other
purposes over and across the Units and Common Elements may be as shown upon a recorded
plat and on the recorded Map of the Community, and as may be established pursuant to the
provisions of this Declaration, or granted by authority reserved in any recorded document. The
Association or Declarant may grant utility easements through Units, or on an equitable basis:
Section 2.4 Utility Reservations.
(a) Declarant hereby creates and reserves to itself, until Declarant has sold the
last Unit created by Declarant to an Owner other than Declarant, and, thereafter, to the
Association, a blanket easement upon, across, over and under the Real Estate, the
Community and the Units for access, utilities, drainage and the installation, replacement,
repair and maintenance of utilities, including but not limited to water, sewer, waste water
treatment and effluent irrigation systems, gas, telephone and other telecommunications
systems, electricity, heat and cooling systems, and master television and satellite antenna
or cable systems, and any other utility systems as may be desired or provided
(collectively, "Utility Systems").
(b) By virtue of this blanket easement, it shall be expressly permissible for
Declarant or the Association to erect and maintain the necessary facilities, equipmenpA and
appurtenances on the Real Estate and to affix, repair, and maintain landscaping, feri~
water, treated waste water, effluent irrigation and sewer pipes, gas, electric, heat and
cooling facilities, telephone and other telecommunications facilities, telephone and
television wires, circuits, conduits and meters, and any other improvements or facilities
appurtenant or relating to the Utility Systems.
(c) If any utility or quasi-utility company furnishing a service covered by the
general easement created herein requests a specific easement, a separate right and
authority to grant such easement upon, across, over or under any part or all of the Real
Estate is reserved, provided the easement granted does not conflict with the terms hereof.
(d) The easement provided for in this Section shall in no way affect, avoid,
extinguish or modify any other recorded easement on the Real Estate.
(e) Any damage to any improvement caused by Declarant or the Association
in exercising its rights under this Section will be repaired promptly by the entity causing
the damage. The foregoing, however, shall not be deemed to render the Association or
Declarant liable for any damage caused by any third party, including, without limitation,
any utility company.
Section 2.5 Easements for the Association and Unit Owners. Each Unit shall be
subject to an easement in favor of the Association (including its agents, employees and
contractors) and to each Unit Owner to allow for their performance of obligations in this
Declaration. On exercising this easement right, the party exercising the right shall be responsible
for any resulting damages, and a lien therefore is authorized and established against that party's
property, pursuant to this Declaration.
Section 2.6 Emer envy Easements. A nonexclusive easement for ingress and egress is
hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency
agencies or persons, now or hereafter servicing the Community, to enter upon any part of the
Community in the performance of their duties.
Section 2.7 Licenses of Common Element Areas. Portions of the Common Elements,
to the extent not designated as Limited Common Elements appurtenant to a Unit or Units, may
be licensed by the Executive Board for use for up to 1 year, without the approval of the Owners.
Any license of Common Elements for over 1 year shall be subject to Owner approval, as
provided for in the Act.
Section 2.8 Reciprocal Easements. The Association and the owners association
created, established and operating under the Sun Vail Declaration are and shall be subject to
reciprocal access and utilities easements in favor of each other (including their agents, employees
and contractors) for their performance of obligations in this Declaration and/or under the Sun
Vail Declaration. On exercising this easement right, the party exercising the right shall be
responsible for any resulting damages, and a lien therefor is authorized and established against
that party's property, pursuant to the Declaration.
ARTICLE 3
THE ASSOCIATION
Section 3.1 Membership. Every person who is a record Unit Owner of a fee interest in
any Unit (subject to the restrictions on ownership set forth in this Declaration) shall be a Member
of the Association. Membership shall be appurtenant to and may not be separated from
ownership of any Unit. Except for the restrictions on ownership expressly set forth in this
Declaration, ownership of such Unit shall be the sole qualification for such membership. There
is initially one class of membership. Additional classes of Members and of membership may be
6
established by the Declarant, pursuant to this Declaration.
Section 3.2 General PMses and Powers of the Association. The Association,
through its Executive Board, shall perform functions and manage the Community as provided in
this Declaration so as to protect the value and desirability of the Community and the Units and to
further the collective interests of the Owners. Each purchaser of a Unit shall be deemed to have
assented to, ratified and approved such management. The Association shall have all power
necessary or desirable to effectuate such purposes.
Section 3.3 Authority of the Association. The business affairs of the Community shall
be managed by the Association. The Association shall be governed by the Act, this Declaration,
the Map, the Association's Articles of Incorporation and Bylaws, and any Rules and Regulations
adopted by the Executive Board. The Executive Board may, by written resolution, delegate
authority to a manager or managing agent for the Association, provided no such delegation shall
relieve the Board of final responsibility.
Section 3.4 Specific Powers. The Association shall have the powers, authority and
duties as necessary and proper to manage the business and affairs of the Community.
Section 3.5 Allocated Interests/Allocated Class Interests.
(f) The ownership interests and liability for Common Expenses (and liability
for any Assessments by class, if classes of Units/Members area created) are allocated to
Units equally.
(g) Votes are allocated to Units equally. For voting by class, if any, votes will
be allocated among the class as determined by the Declarant, as set forth in this
Declaration or any amendments to this Declaration.
(h) If Units are combined pursuant to the provisions of this Declaration and
the Act, the formula set forth above for the allocation of Common Expenses, co-
ownership of the Common Elements and/or for voting may be changed by Declarant to a
formula based approximately upon the square footage of each Unit. In that event, the
new formula, as applicable, shall be used to reallocate the allocated interests. Any
change in the formula by Declarant must occur within 10 years after the recording of this
Declaration.
(i) The initial Units and their initial allocations are set forth in the attached
Exhibit B, as that exhibit may be modified by annexation, amendment and/or
supplementation, from time to time.
Section 3.6 Square Footage of Units.
(a) Declarant has previously disclosed, and hereby discloses again, that there
are a number of methods of calculating the square footage of a Unit, and that the basis
used, if any, to determine the purchase price of a Unit, or the lease terms of the rental of a
Unit, may be based on a method different than the formula for the allocation of interests
as set forth in this Declaration. The Owner of the Unit, or the tenant of that Unit,
acknowledges the Declarant's prior disclosure, and also acknowledges this disclosure and
agrees to and consents to the method, if any, so utilized to determine the purchase price
of a Unit or the lease terms for the rental of a Unit.
(b) Declarant does not warrant the accuracy of any prior estimate or
calculation of the square footage of a Unit, regardless of method utilized. Each Owner
and tenant acknowledges that the actual square footage of a Unit, upon completion, will
vary from prior estimates and calculations.
Section 3.7 Indemnification. To the full extent permitted by law, each Officer and
member of the Executive Board of the Association shall be and hereby is indemnified by the
Unit Owners and the Association against all expenses and liabilities, including attorneys' fees
and expenses, reasonably incurred by or imposed upon them in any proceeding to which they
may be a party, or in which they may become involved, by reason of being or having been an
Officer or member of the Executive Board of the Association, or any settlements thereof,
whether or not they are an Officer or member of the Executive Board of the Association at the
time such expenses are incurred; except in such cases wherein such Officer or member of the
Executive Board is adjudged guilty of willful misfeasance in the performance of his or her
duties; provided that in the event of a settlement, the indemnification shall apply only when the
Executive Board approves such settlement and reimbursement, which approval shall not be
unreasonably withheld.
Section 3.8 Declarant Control. During Declarant Control, Declarant shall have the
reserved power, pursuant to Section 303(5) of the Act, to appoint and remove Officers and
members of the Executive Board.
ARTICLE 4
UNITS, COMMON ELEMENTS AND
LIMITED COMMON ELEMENTS
Section 4.1 Number of Units. The number of Units initially included in the
Community is 15. The initial Units are identified in Exhibit B and in the Map.
Section 4.2 Identification of Units/Unit Descriptions.
(a) General Terms Regarding Identification of Units. The identification of
each Unit is shown on the Map. Every contract for sale, deed, lease, security interest,
will or other legal instrument shall legally describe a Unit by its identifying unit number
or letter, followed by the name of the Community, with reference to the Map and the
Declaration.
(b) Illustrative description Illustrative descriptions are as follows for the
current type of Units in the Community:
Garage Building Condominium Unit XX [identification/designation to be
inserted], Sun Vail Garage Building Condominiums, according to the Declaration
recorded , 20, at Reception No and the
Condominium Map recorded in Book , Page of the records of
the Clerk and Recorder, County of Eagle, State of Colorado.
(c) Declaration and Maw. Reference to the Declaration and Map in any
instrument shall be deemed to include any supplement(s) or amendment(s) to the
Declaration and Map, without specific references thereto.
Section 4.3 Unit Boundaries. The following are designated as boundaries of each
Unit, as defined below and as depicted on the Map: Each Unit shall contain a combination of
dividing vertical planes or walls, a ceiling or horizontal boundary and a floor horizontal
boundary. The Unit shall be comprised of all the space situated within these Unit boundaries,
based on the provisions below, and as set forth on the Map.
(a) Inclusions. Each Unit includes the spaces and improvements lying within
the boundaries described above, as depicted on the Map. Each Unit also includes the
spaces and improvements containing utility meters, all electrical switches, wiring, pipes,
ducts, conduits, fire protection, smoke detector and security systems and
communications, television, telephone, other telecommunications, electrical receptacles,
boxes and other utilities serving that Unit exclusively.
(b) Exclusions. Except when specifically included by other provisions of this
Declaration or by the Map, the following are excluded from each Unit: the spaces and
improvements lying outside the boundaries described above, exterior street or common
lighting, and any chutes, pipes, flues, ducts, wires, conduits, skylights and other facilities
running through or within any interior wall or partition for the purpose of furnishing
utility and other services to other Units and the Common Elements.
(c) Noncontigu, ous Portions. Certain Units may include special portions or
pieces of equipment, such as air conditioning compressors, utility meters, meter boxes,
utility connection structures, air or gas pump and storage facilities and storage portions,
which are situated in buildings or structures that are detached from the Unit. Such special
equipment or storage portions are a part of the Unit, notwithstanding their non-contiguity
with the principal portions. Each Unit includes the spaces and improvements lying
within the boundaries described above, and also includes the utilities and utility meters
and communications, television, telephone and other telecommunications and electrical
receptacles and boxes serving that Unit exclusively, whether or not in the boundaries or
contiguous to the Unit, unless the same are maintained by a governmental agency or
entity or a utility company. The Common Elements are excluded from each Unit and any
utilities or other facilities running through or within any Unit for the purpose of
furnishing utility and other service to other Units and/or the Common Elements are also
excluded
9
Section 4.4 Unit Maintenance and Covenants of Owner.
(a) General Responsibilities. Unit Owners are responsible for the
maintenance, repair and replacement of the improvements and properties located within
their Unit boundaries which are not specifically the obligation of the Association to
maintain, replace and keep in good repair.
(b) Windows and Doors. Unit Owners are responsible for the maintenance,
repair, replacement and improvement of exteriors of windows, if any, garage door and
any doors of their Unit and garage door and window'frames, casings and locks (including
caulking of windows) and doorways, door frames and hardware that are part of the entry
system of the Unit.
(c) Utilities and Related Improvements. Unit Owners are also responsible for
all pipes, lines, ducts, conduits or other apparatus which serve only the Unit (including all
electricity, any water or sewer pipes, lines, ducts, conduits, or other apparatus serving
only the Unit).
(d) Cleanliness Outside of the Unit. The Owners of each Unit shall keep areas
adjoining their Units broom clean and reasonably free of ice and trash, unless snow and
ice clearing of those areas, and/or Common Element trash and snow or tree clearing, are
services offered by the Association.
(e) Good Repair Responsibility. Each Unit, at all times, shall be kept by the
Owner in a well maintained, good repair condition, and in a clean, sightly and wholesome
condition.
(f) Restriction on Disturbances of Others. Each Unit Owner shall perform his
or her maintenance, repair, replacement and improvement responsibilities in such manner
so as not to unreasonably disturb other persons in other Units.
(g) Renorking of Maintenance Needs to the Association. Each Unit Owner
shall promptly report to the Association, or its agent, any need for repairs for which the
Association is responsible.
(h) Storage Restriction. No bicycles, kayaks, sport or recreational equipment,
trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber,
building materials or any item of personal property found by the Executive Board to be
objectionable to the Association shall be permitted to remain exposed upon or within the
Common Elements, or any Unit, or upon or within the Limited Common Elements,
balcony, patio or deck of a Unit, or otherwise.
(i) Association Authority. The Association, and its agents, shall have the
authority to enter, replace, maintain, repair and clean up Units which do not conform to
the provisions of this Section, and to charge and collect from the Owners of such Units
all reasonable costs related thereto as an Assessment hereunder.
10
Section 4.5 Construction of Replacement Roof - Reservation of the Declarant - "Roof
and utility" Assessment by the Association. Declarant has, for a period of 10 years from the
recording of this Declaration, the reserved right to construct a replacement and higher roof over
the Units, to improve access to the Units, and also with utility chases and utilities as may be
added. This is a reserved right and not an obligation of the Declarant. Notwithstanding the
above, the roof shall not be raised more than two feet. The existing height of the parapet shall
also be maintained. If the Declarant determines to exercise this reserved right, the construction
cost and fees of the Declarant shall be paid to the Declarant by the Association, on a timely basis,
from a special "roof and utility" construction assessment to then be imposed by the Association
on all Owners. This assessment is to be imposed by the Association on the Owners, pursuant to
the terms of this section of the Declaration, without any further budget approvals. Budget
approval by all Owners is obtained by virtue of this section of the Declaration. The maximum
assessment authorized under this section of the Declaration is the cost of the addition, plus 7%
overhead of the Declarant and also plus 7% profit to the Declarant, divided by and allocated to
all Units in the Community as provided for in this Declaration. Once imposed, the Association
may determine the terms for payment of this "roof and utility" assessment, within a maximum of
a 12-month period.
Section 4.6 Association Maintenance.
(a) Generally and as to a "Roof and Utility" Assessment. The Executive
Board of the Association shall determine the specifications, scope, extent, nature and
parameters of the Association's maintenance, repair, replacement and improvement
responsibilities. The Association shall impose the "roof and utility" assessment allowed
for in this Declaration, if the Declarant determines, within the permissible time frame, to
replace the roof of the building in which the Units are located.
(b) Specific Responsibilities. The Association shall be responsible for:
(i) the improvement, maintenance, repair, upkeep, reconstruction, and
replacement of the exterior of the building, including the roof (subject to rights of
the Declarant to replace the roof and the obligation of the Association to
compensate the Declarant for that replacement are provided for in this
Declaration);
(ii) the improvement, maintenance, repair, upkeep and reconstruction,
and replacement of the Common Elements;
(iii) the improvement, maintenance, repair, upkeep and reconstruction
of any easements to the Community that are not maintained by others;
(iv) trash removal, unless the Association determines not to provide
common trash removal, and in that event, trash removal shall be the responsibility
of each individual Owner;
11
(ii) Re-subdivision of Combined Units. If two or more Units have
been combined into one Unit that combined Unit may be subsequently re-
subdivided, after application to and approval by the Association, acting solely
through the Board. Units may not be subdivided smaller than the original Units
as created by the Declarant, without approval of at least 67% of the Owners.
(iii) Additional Limitations. Conditions and Covenants. No relocation
of boundaries between adjoining Units shall be effected without the necessary
amendments to the Declaration and Map, as provided for in this Article with those
amendments, executed and recorded by the Association, pursuant to section 38-
33.3-217 of the Act, and as provided for in this Section of the Declaration.
(iv) Application. Agreement ftuired and Approval Reouirements.
The Owners of the Units, as the applicant, must submit an application to the
Association, which must be approved by the Association. The approval is
required before the Owner proceeds, including all of the criteria forth above,
including the following additional items (if application process is used above) and
including an agreement with the Association, including the items set forth above:
(A) Reallocations. The proposed reallocation of interests, if
any, which may include a re-allocation of Common Expense liability, to
account for an increase in size to the Unit or Units of the Owner, if sought
by the applicant or required by the Association; and
(B) Forms of Amendments. The proposed form for
amendments to this Declaration, including the Map, as may be necessary
to show the altered boundaries, and their dimensions and identification.
(v) Reply and Communicgtion. The Association shall reply to all
submittals of plans made in accordance with this Article in writing within 60 days
after receipt. In the event the Association fails to take any action on submitted
plans and specifications within 60 days after the Association has received the
plans and specifications, approval shall be deemed denied. Yet, the Owner shall
have a right of appeal to the Association. All communications and submittals
shall be addressed to the Association at such address as is the registered address
for the Association as maintained with the office of the Colorado Secretary of
State.
(vi) Maintenance Responsibilities. For all modifications made to a
Unit by an Owner, whether made under the authority and with the approvals
under this Article, or whether made previously or without approvals required
under this Article, the Owner shall be responsible for maintenance, repair and
replacement of all modifications unless the Association expressly assumes any of
those responsibilities in writing.
16
(vii) Fees and Costs. Owners shall be obligated to pay all fees and costs
incurred by the Association in reviewing and effectuating an Owner's application,
whether by deposit, or subsequent invoice from the Association.
ARTICLE 5
COVENANT FOR COMMON EXPENSE ASSESSMENTS
Section 5.1 Creation of Association Lien and Personal Obligation to Pay Common
Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and
each Unit Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in
any such deed or other conveyance, shall be deemed to covenant and agree to pay to the
Association annual Common Expense Assessments, any designated class of Assessment, (if
classes of Owners/Units are created), Insurance Assessments (assessed in proportion to risk),
Utility Assessments (assessed in proportion to usage), the "roof and utility" assessment as
allowed for in this Declaration and such other Assessments as are imposed by the Association.
Such Assessments, including fees, charges, late charges, attorney fees, fines and interest charged
by the Association shall be the personal obligation of the Unit Owner of such Unit from and after
the time when the Assessment or other items charged by the Association become or fall due.
The Association annual Common Expense Assessments and such other Assessments as are
imposed by the Association, including fees, charges, late charges, attorney fees, fines and interest
charged by the Association, shall be a charge on each Unit and shall be a continuing lien upon
the Unit against which each such Assessment or charge is made. If any Assessment is payable in
installments, the full amount of the Assessment is a lien from the time the first installment
becomes due. The personal obligation to pay any past due sums due the Association shall not
pass to a successor in title unless expressly assumed by them and approved by the Executive
Board No Unit Owner may become exempt from liability for payment of the Common Expense
Assessments or other Association charges by waiver of the use or enjoyment of the Common
Elements or by abandonment of the Unit against which the Common Expense Assessments are
made. All Assessments and other Association charges shall be payable in the amounts specified
in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason
including, without limitation, any claim that the Association or the Executive Board is not
properly exercising its duties and powers under this Declaration.
Section 5.2 Apportionment of Common Expenses. Except as provided in this
Declaration, all Common Expense Assessments shall be assessed against all Units in accordance
with formulas for liability for the Common Expenses as set forth in this Declaration.
Section 5.3 Utility Assessments and Utility Billings. Electric and any other utilities
for the building may be are metered and billed for the entire building, and are not, initially,
metered separately per Unit. Utilities shall be billed in the name of one of the Unit Owners or
the Association, and shall then be divided proportionately between all of the Unit Owners
relative to the square footage of ownership, or as determined by the Association relative to
proportionate use. The Association shall have the right to meter or submeter any utility.
Individually or separately metered utilities shall be billed in the name of on of the Unit Owners
and shall be the sole responsibility of each individual Unit Owner.
17
Section 5.4 Annual Assessment/Commencement of Common Expense
Assessments/Budgets of the Association. The Common Expense Assessment may be made on
an annual basis against all Units and shall be based upon the Association's advance budgets of
the cash requirements needed by it to provide for the administration and performance of its
duties during such Assessment year. If classes are created, then additional budgets shall then be
permissible, with one as a general budget and with separate budgets for each class of
Owner/Umt. Each budget shall be submitted to the Unit Owners entitled to vote on it for
ratification pursuant to Section 303(4) of the Act and as set forth in the Bylaws, as the Bylaws
may be amended from time to time; except s to the "roof and utility" assessment, as provided for
elsewhere in this Declaration. Any budget may be vetoed by votes of Owners representing a
majority of the total votes in the Association, or class, as the case may be. If any budget is
vetoed, the prior existing budget shall continue in effect. Common Expense Assessments and
Assessments by class shall be due and payable in monthly, quarterly, or annual installments, or
in any other manner, as determined by the Executive Board. Assessments may begin on the first
day of the month in which conveyance of the first Unit to a Unit Owner other than Declarant
occurs. The omission or failure of the Executive Board to levy the Assessment for any period
shall not be deemed a waiver, modification or a release of the Unit Owners from their obligation
to pay.
Section 5.5 Effect of Non-Pavment of Assessments. Any Assessment or other
Association charge provided for in this Declaration, or any monthly or other installment thereof,
which is not fully paid within 10 days after the due date thereof, as established by the Executive
Board, shall bear interest at the rate established by the Executive Board, on a per annum basis
from the due date, and the Association may assess a reasonable laze charge thereon as determined
by the Executive Board. Failure to make payment within 60 days of the due date thereof shall
cause the total amount of such Unit Owner's Common Expense Assessment for the remainder of
that fiscal year to become immediately due and payable at the option of the Executive Board.
Further, the Association may bring an action at law or in equity, or both, against any Unit Owner
personally obligated to pay such overdue Assessments or other Association charges, or monthly
or other installments thereof', and may also proceed to foreclose its lien against such Unit
Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a
money judgment for unpaid Assessments or other Association charges, or monthly or other
installments thereof, may be commenced and pursued by the Association without foreclosing, or
in any way waiving, the Association's lien therefore. Foreclosure or attempted foreclosure by the
Association of its lien shall not be deemed to estop or otherwise preclude the Association from
thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment or
other Association charges, or monthly or other installments thereof, which are not fully paid
when due. The Association shall have the power and right to bid on or purchase any Unit at
foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association
votes appurtenant to ownership of a Unit convey or otherwise deal with the same. If a
foreclosure action is filed to foreclose any Assessment lien, and a Unit Owner abandons or
leaves vacant such Owner's Unit, the Executive Board may take possession and rent such Unit or
apply for the appointment of a receiver for the Unit without prior notice to the Unit Owner. The
rights of the Association shall be expressly subordinate to the rights of any holder of a first lien
security interest as set forth in its deed of trust or mortgage (including any assignment of rents),
to the extent permitted under the Act.
18
Section 5.6 Lien Priority. The lien of the Association under this Article is prior to all
other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the
recordation of the Declaration; (2) a first lien security interest on the Unit (except as allowed by
the Act with regard to the limited lien priority allowed to the Association); and (3) liens for real
estate taxes and other governmental assessments or charges against the Unit. This Section does
not affect the priority of mechanics' or material men's liens. The lien of the Association under
this Article is not subject to the provision of any homestead exemption as allowed under state or
federal law. Sale or transfer of any Unit shall not affect the lien for Assessments or other
Association charges except that sale or transfer of any Unit pursuant to foreclosure of any first
lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or
cancellation or forfeiture shall only extinguish the lien for Assessments or other Association
charges as provided by applicable state law. No such sale, transfer, foreclosure, or any
proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture
shall relieve any Unit from continuing liability for any Assessment or other Association charges
thereafter becoming due, nor from the lien therefore.
Section 5.7 Owner's Negligence or Misconduct. In the event that the need for
maintenance, repair, or replacement of the Common Elements, or any portion thereof, is caused
through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's
agents, employees, guests, customers, or invitees, then the expenses, costs, and fees incurred by
the Association for such maintenance, repair, or replacement shall be a personal obligation of
such Owner. If such expenses, costs and fees incurred by the Association are not repaid to the
Association within 7 days after the Association shall have given notice to the Owner of such
expenses, costs, and fees, then the failure to so repay shall be a default by the Owner under the
provisions of this Declaration. Such expenses, costs, and fees shall automatically become a
default Assessment determined and levied against such Unit, and the Association may proceed in
accordance with the provisions of this Article.
Section 5.8 Initial Funding of the Association. The Declarant, on behalf of the
Association, shall establish an initial or working capital fimd to meet unforeseen expenditures or
to purchase any additional equipment or services. A non-refundable contribution to the fund of
the Association shall be collected from the initial purchaser or each Unit in the amount of 6
months of Assessments charged to such Unit.
Section 5.9 Assessments Related to Limited Common Elements. In the event a
Common Expense is associated with the maintenance, repair or replacement of a Limited
Common Element, those Common Expenses may be assessed equally against the Units to which
the Limited Common Element is assigned.
Section 5.10 Association Borrowing. The Association shall have the power to assign
its right to future income, including the right to assign its right to receive Assessments, but only
upon the affirmative vote of at least 67% of each class of the Unit Owners, which Owners must
be in good standing, present in person or by proxy, at a duly constituted meeting called for that
purpose.
19
ARTICLE 6
RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY
All Real Estate within the Community shall be held, used and enjoyed subject to the
following limitations and restrictions. The strict application of the following limitations and
restrictions in any specific case (except as to restrictions on ownership) may be modified or
waived, in whole or in part, by the Executive Board or by an appropriate committee (subject to
review by the Executive Board) if such strict application would be unreasonable or unduly harsh
under the circumstances. Any such modification or waiver must be in writing or must be
contained in written guidelines or rules.
The following use restrictions are also subject to the Development Rights and Special
Declarant Rights reserved by Declarant.
Section 6.1 Restriction on Ownership on Retention of Ownership and Uoon Resale.
(a) No Unit designated as a "G" Unit (on Exhibit B) may be owned, in whole
or in part, or retained and held, or conveyed or sold to any person other than:
(i) an Owner of a "Sun Vail" condominium unit created and
established under the Sun Vail Declaration (as defined in this Declaration); or
(ii) the owners association created, established and operating under the
Sun Vail Declaration; or
(iii) the Association identified and defined in this Declaration; or
(vi) Declarant, or the heirs of or successors of either of or both of the
individuals named as the Declarant.
(b) Once an owner of a Sun Vail condominium unit has acquired a G-Unit,
that Owner may convey their G-Unit to any of the persons identified and allowed as an
Owner under this Section of the Declaration; or, that Owner may convey their G-Unit,
along with the Sun Vail condominium unit, to a new owner. An Owner of a G-Unit may
not retain ownership of a ca-Unit without also retaining ownership of a Sun Vail
condominium unit. The title of these separate condominium units (one a G-Unit and the
other a Sun Vail condominium unit) must be held in the same Owner.
(c) Any conveyance or claimed or apparent ownership interest of or to a Unit
or interest therein of, to or by a person, other than allowed for above, shall be void, and
such ownership interest therein shall automatically revert and transfer to the Association.
To that end, such non-allowed person hereby irrevocably appoints the Association as its
true and lawful attorney-in-fact to take any and all actions to effectuate such reversion
and transfer to the Association in the name of such non-allowed person, including
without limitation the execution, delivery and recording of a deed to the Unit or interest
therein
20
(d) The provisions of this Section may not be amended without the consent of
the Town of Vail.
(e) If Declarant, or the Declarants heirs, successors or assignees, determine
that a reasonable market for purchase and ownership of the G-Units (as identified in
Exhibit B) does not exist, and with the approval of the Town of Vail, and with the
approval or consent or vote of at least SO% of the Owners of G-Units, the restrictions on
ownership contained in this Section of the Declaration may be amended by the Declarant,
or by the Declarant's heirs, successors or assignees. Any amendment under this authority
must be made and recorded.
(f) All deeds conveying or transferring a Unit or interest therein shall include
and contain an express reference to the restriction on ownership contained in Section 6.1
of this Declaration.
Section 6.2 Use Occupancy and Use Protections.
(a) Garage Uses Allowed. Use of Units designated as "G" Units (as set forth
on Exhibit B) shall be limited for primarily garage uses or ski or other storage and shall
not be unreasonably regulated or governed by the Association.
(b) Nonconforming Uses and/or Grandfathered Uses. Occupied offices and
non-conforming uses of any "G" Unit shall not be a violation of this Declaration or any
other law (as among Owners), and these non-conforming office uses shall be limited to
the following Units: Units G-1, G-2, G-3, G-4, G-S and G-6.
(c) Non-conforming Uses Not Protected from Action by Local Government.
All Owners acknowledge that local government may be able to restrict or prevent
occupancy and/or commercial and other non-conforming uses of any Unit, in its sole
discretion. However, no Owner shall have a right or authority to prevent any of the non-
conforming uses expressly addressed in this Declaration (above) or by complaint to any
other authority. All Unit Owners acknowledge and agree to the terms of this section; as
well as the Declaration in whole, upon contract for purchase and also upon obtaining any
ownership interest to a Unit.
(d) Local Zoninst and Covenants Related to Zoun~. Subject to the provisions.
of this Section, Units within the Community shall be used only for purposes allowed by
the local zoning codes and as the Real Estate has been used, which uses remain
permissible.
Section 6.3 Termination of the Community and the Declaration.
(a) The Community and this Declaration may be terminated by the affirmative
vote and approval of all persons required to terminate the Condominium Community
established under the Sun Vail Declaration; provided further:
21
(i) that each Unit owner in this community is to receive the then fair
market value of their Unit or an equivalent interest, as reasonably determined, in
any new common interest community as may be created on the Real Estate
subject to this Declaration and on the property subject to the Sun Vail
Declaration; and
(ii) that this termination right shall also require the consent and
approval of the Declarant or the heirs of the Declarant, during the period of
Declarant control.
(b) After the period of Declarant Control, the Community and this Declaration
may be terminated by the affirmative vote and approval of all persons required to
terminate the condominium community established under the Sun Vail Declaration,
provided further that each Unit Owner in this Community is to receive the then fair
market value of their Unit or an equivalent interest, as reasonably determined, in any new
common interest community as may be created on the Real Estate subject to this
Declaration, and on the property subject to the Sun Vail Declaration.
(c) As to the Community and this Declaration, the termination document must
provide that all of the Common Elements of this Community and all of the Units of this
Community must be sold following termination. If, pursuant to the termination
document, any part of the Real Estate in this Community is to be sold following
termination, the termination document must set forth the minimum terms of the sale. The
proceeds of any such sale of any part of the Real Estate, together with the assets of the
Association, shall be deemed to be and are held by the Association as trustee for Unit
Owners and holders of liens on the Units, as their interests appear of record.
(d) The terms of this Declaration, as set forth in this Section, shall be treated
as the terms of the agreement of Unit Owners to terminate (as required under Section
218(2) of the Act), so that no further vote or agreement is required from the Owners of
Units subject to this Declaration to evidence the termination or ratification thereof,
provided the provisions of paragraphs (a) or (b), and Paragraph (c), above are strictly
complied with by all parties.
(e) The termination of this Community and the Declaration shall be effective
upon the recordation in the office of the Clerk and Recorder of County of Eagle, State cif
Colorado of a certificate setting forth the termination and certifying that the termination
has been approved as set forth above, and is in compliance with the terms set forth above.
(f) Fair market value of the Units for purposes of this Section 63 shall be
determined as follows: The party seeking termination of the Community and the
Declaration shall, at its sole expense, commission an appraisal of the Units by a Colorado
licensed real estate appraiser familiar with real property values in Eagle County,
and provide and deliver a full copy of such appraisal to each Owner. That appraisal shall
be conclusive as to and shall establish fair market value of the Units unless within 45
22
days of an owner's receipt of such appraisal the Owner delivers written notice to the
party seeking termination that it disputes such appraisal and a full copy of an appraisal
commissioned and paid for by the Owner of the Owner's Unit performed by a different
Colorado licensed real estate appraiser familiar with real property values in We
County. In the event the disputing Owner(s) complies with the foregoing sentence, fair
market value of the Owner's Unit shall be the average of the two appraisals.
Section 6.4 Restrictions and Covenants on Leasing of Units. All Unit Owners who
rent to a tenant shall comply with the applicable restrictions of the Declaration. Additionally, all
Unit Owners who rent to a tenant shall: provide the tenant with a copy of any Rules and
Regulations; include in the lease agreement a provision that the tenant has been given said
copies, has read and understood, and agrees to abide by the Rules and Regulations as well as
applicable parts of this Declaration; notify the Board of Directors in writing that the unit is
tenant-occupied, giving the name(s), address and phone number of the occupants, and provide to
the Management Agent and/or the Board the name of any agent retained by the Unit Owner to
manage the unit for him/her. Note: The Unit Owner is responsible at all times for the
enforcement of the covenants with the tenant and other Rules or established guidelines.
Section 6.5 Vehicular Parking.. Storage-. and Repairs.
(a) Subject to the Development Rights of Declarant and the Association,
vehicular parking upon the Common Elements shall be regulated by the Executive Board.
(b) Common Element parking or other areas, if any, may be subject to
designation of individual spaces as Limited Common Elements appurtenant to certain
designated Units. Parking designated as visitor or guest parking, if any, shall not be used
by anyone other than visitors or guests of Owners or tenants.
(c) Designated parking spaces, if any (designated as either a part of a Unit, a
Limited Common Element or as a part of Common Elements), are restricted to use as
access or as a parking space for vehicles.
(d) No activity such as, but not limited to, maintenance, repair, rebuilding,
dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be
performed or conducted within the Community; except within enclosed garages.
(e) The Rules and Regulations of the Association may govern the types of
vehicles that may be parked or stored within the Community (outside of enclosed
garages).
(f) Parking in fire lanes (as designated by the Association or as designated by
local government or a local fire protection authority) shall not be permitted.
(g) Parking in alleys or other ways or lanes is prohibited, except to load or
unload in lanes designated for such purpose if such activity does not exceed 10 minutes
in duration at any one time.
23
MEMORANDUM
TO: Nina Timm
FROM: Nicole Peterson
DATE: July 28, 2009
SUBJECT: A request for zoning analysis to determine development potential for Lot 9, Block 2,
Vail Potato Patch (Sun Vail Condos).
Zoning Analysis:
Property Information
Legal Description
Lot 9, Block 2 Vail Potato Patch Sun Vail Condos
Zoning / SDD #
Medium Density Multiple Family MDMF District
Land Use Designation
Medium Density Residential, defined in the Vail Land Use Plan as: The
medium density residential category includes housing which would typically
be designed as attached units with common walls. Densities in this category
would range from 3 to 14 dwelling units per buildable acre. Additional types
of uses in this category would include private recreation facilities, private
parking facilities and institutional / public uses such as parks and open
space, churches and fire stations.
Hazard Zones / Wetlands
None
Lot/ Parcel Summa : West to East 7 metes and bounds lots, 4 arcels :
Address
Site Area
Owner/ Use
Parcel Number
635 North Frontage Road
GIS- 11,123.37sf
Bob Lazier/ Sandstone
210106302023
Tot Lot Parkin
685 North Frontage Road
Plat - .8799 ac
Has Many/ Sun Vail
210106316056
38,328.4 s
Condos
665 North Frontage Road
Plat - .8873 ac
Has Many/ Sun Vail
210106316031
38,650.8 s
Condos
No address (Excepted
Plat -.111 ac
Bob Lazier/ Garages
210106302024
Parcel
4,835.16 s
645 North Frontage Road
Plat - .915 ac
Has Many/ Sun Vail
210106316031
39,857.4 s
Condos
625 North Frontage Road
Plat digitized -
Has Many/ Sun Vail
210106316031
41,271.57 sf
Condos
605 North Frontage Road
Plat -.9248 ac
Has Many/ Sun Vail
210106316031
40,284.29
Condos
Medium Densi Multiple-Family MDMF Zoning District Standards 12-6G
Purpose
The medium density multiple-family district is intended to provide sites for
multiple-family dwellings at densities to a maximum of eighteen (18) dwelling
units per acre, together with such public facilities as may appropriately be
located in the same zone district. The medium density multiple-family district
is intended to ensure adequate light, air, open space, and other amenities
commensurate with multiple-family occupancy, and to maintain the desirable
residential qualities of the zone district by establishing appropriate site
development standards. Certain nonresidential uses are permitted as
conditional uses, and where permitted, are intended to blend harmoniously
with the residential character of the zone district.
Permitted Uses
Multi le-family residential dwellings, including attached or row dwellings and
condominium dwellings; Single-family residential dwellings; Two-family
residential dwellings
Conditional Uses
Bed and breakfasts, Dog kennels, Employee housing units, Funiculars and
other similar conveyances, Home child daycare facilities, Private clubs and
civic, cultural and fraternal organizations, Public and private schools, Public
buildings, grounds and facilities, Public park and recreation facilities, Public
utility and public service uses, Ski lifts and tows.
Setbacks (perimeter)
Minimum All: 20 feet
Projections 14-10-4
Existin : West - 367 North - 28.57 East - 217 South - 110'
Maximum: 56 sf per 100 sf of buildable site area
Allowed: 120,036 sf (All 7 lots - area numbers above)
Allowed: 113,792 (Without Tot Lot- 6 lots -area numbers above)
GRFA
Allowed: 112,394.6 (According to hand written letter, dated 07/29/1993 from
John Perkins, without tot lot - area number above)
Existing: - 69,732 sf (See calculations below)
Existin : 65,393 sf (According to letter, dated 07/29/1993 from John Perkins
By Land Use Designation: 3 to 14 dwelling units per buildable acre
Density
By Zoning: Maximum 18 dwelling units per buildable acre (12-6G-8)
Existin : 40 units/ 4.92 ac = 8.13 units per acre
Building Height
Maximum: 35' flat and 38' slo ed
Lot Area
Minimum: 10,000
Existing: 214,350.99 sf (4.92 ac) (All 7 lots - numbers above)
Existing: 203,227.62 sf (4.66 ac) (Without Tot Lot - 6 lots - numbers above)
Existing: 211,828sf (According to hand written letter, dated 07/29/1993 from
John Perkins) Total site area = 214,273sf - 5,445sf (40% slope) = buildable
area - 11,123.37sf (Tot Lot) = 200,704.63sf
Site Coverage
Maximum: 45%
Existing: ^-16.7% (Area numbers above)
Existing: -17.7 (Area numbers above without tot lot)
Existing: 39.6% (According to hand written letter, dated 07/29/1993 from
John Perkins included all pavement, walks, decks etc.
Landscaping
Minimum: 30%
Existin : 59.4% 1993 letter
Parking
Min. Spaces: 80
Sections 12-10 & 14-5
Existing: 79 (plats)
Existin : 134 1993 letter
Parking calcs:
0 units <500 = 1.5 per unit = 0
40 units >500, <2,000 = 2 per unit = 80 required
0 units >2,000 = 2.5 per unit = 0
Site coverage calcs: (digitized): 32,551.16 building area (written on plats) +
storage bldg (24 x 144 = 3,456 so = 36,007.16 / 214350.99 lot area =
^-16.7%
Notes
GRFA calcs:
Note: To calculate GRFA, Staff digitized the plat floor plans and rounded to
the nearest whole number (Floor plans for buildings 4&5 were also used as
reference, in archive plans - no floor plans for buildings 1-3 found).
Allowed calculation: 214,350.99 sf (all 7 properties - 4.92 ac) / 100 =
2,143.5 x 56 = 120,036
Existing calculation: 5 buildings, 3 stories ea., 12 units ea = 60 units
From west to east:
Building 1: (6 units @ 1,147sf ea.) 6,882 sf + (6 units @ 1,166 sf ea.) 6,996
sf = 13,878 sf
Building 2: 6 units 1,200sf ea. 7,200 sf + 6 units 1,190 sf ea. 7,140
sf = 14,340 sf
Building 3: (6 units @ 1,188sf ea.) 7,128 sf +
sf = 13,818
Building 4: (6 units @ 1,137sf ea.) 6,822 sf +
sf = 13,818
Building 5: (6 units @ 1,147sf ea.) 6,882 sf +
sf = 13,878
Total = 69,732 sf
Plans stored in Slot 316
(6 units @ 1,115 sf ea.) 6,690
(6 units @ 1,166 sf ea.) 6,996
(6 units @ 1,166 sf ea.) 6,996
Ordinance No. 8, Series of 1977 - Rezoning Sun Vail property from High
Density Multiple Family to Medium Density Multiple Family with conditions:
Maximum 60 dwelling units and maximum 64,000sf GRFA
Hand written letter, dated 07/29/1993 from John Perkins:
Allowable GRFA = 211,828 sf buildable area x.35 = 74,139.8
Existing GRFA at build-out = 65,393 sf
Site Coverage at build-out = 84,995 (39.6%)
Parking at build-out = 134 spaces
Section 6.6 Covenants and Prohibitions on Damage. Nuisance and Noi
(a) Without the prior written consent of the Board of Directors, nothing shall
be done or kept in a Unit or with the Condominium Community, or any part thereof, that
would increase the rate of insurance on or for the Condominium Community or any Unit
or part thereof, which would be in violation of any statute, rule, ordinance, regulation,
permit or other validly imposed requirements of any governmental body, or which would
increase the Common Expenses.
(b) The Units are in close proximity to one another, resulting in the sharing of
common walls, floors and ceilings. As a result, noise and vibration may be detectable
between Units or between Units and the Common Elements. Therefore, an Owner or
occupant shall not conduct activities within a Unit or use a Unit in a manner that
interferes with or causes disruption to the use and quiet enjoyment of another Unit by its
respective Owner and occupant.
(c) Furthermore, noxious, destructive, offensive or unsanitary activity shall
not be carried on upon or within the Condominium Community or any Unit. No Owner
or Occupant may use or allow the use of the Unit or any portion of the Condominium
Community at any time, in any way, which may endanger the health or property of other
occupants, unreasonably annoy, disturb or cause embarrassment or discomfort to other
Owners or occupants, or, in the Board's discretion, constitute a nuisance. The intention
of this provision is to grant the Association and aggrieved Owners and occupants a right
of redress for actions, activities or conduct which unreasonably disturbs or impairs the
peaceful and safe enjoyment of the Condominium Community or any Unit.
(d) In regard to the above covenants and restrictions, specific unauthorized
and unreasonable annoyances or disturbances shall include, but not be limited to, the
following:
(i) any fighting, screaming, shouting, excessively loud talking,
whistling, or playing of music or television, raucous behavior or insobriety either
outside of a Unit at any time or within a Unit if such conduct can be heard in the
normal course of activities in any other Unit(s);
(ii) the use of any alarm, equipment, or device, mechanical or
otherwise, which creates or produces excessively loud sounds or any vibrations
either outside of a Unit at any time or within a Unit if such sounds can be heard or
vibrations felt in the normal course of activities in any other Unit(s);
(iii) any threatening or intimidating conduct towards any occupant,
guest or pet at or within the Condominium Community;
(iv) any conduct which, in the Board's reasonable discretion, creates
any danger or risk of injury to others or damage to property at or of the
24
Condominium Community or which creates any threat to health or safety of any
other occupant or pet;
(v) any excessively loud play activities either outside of a Unit at any
time or within a Unit if such conduct can be heard in the normal course of
activities in any other Unit(s);
(vi) any conduct which creates any noxious or offensive odor either
outside of a Unit at any time or within a Unit if such odors can be detected in the
normal course of activities in any other Unit(s);
(vii) any incessant or excessive pet noises, including dog barking, if
such conduct can be heard in the normal course of activities in any other Unit(s);
(viii) any construction or similar activities in a Unit that can be heard in
other Units between the hours of 9:00 p.m. and 7:30 am.; or
(ix) any similar action or activity outside of a Unit, or which occurs
inside a Unit but which interferes with the peaceful use and enjoyment of other
Units or the Common Elements by any other Owner, members of his or her
family, guests, invitees, or occupants of his or her Unit.
(e) Nothing in this Declaration shall be construed to affect the rights of an
aggrieved Owner or occupant to proceed individually against a violator hereof for relief
from interference with his or her property or personal rights, and the Board may, in its
discretion, require aggrieved individuals to seek redress personally for interference with
their personal property rights before the Association intervenes and commences
enforcement action hereunder. No claim for any loss, damage or otherwise shall exist by
an aggrieved Owner or occupant against the Association for failure to enforce the
provisions hereof if the aggrieved Owner or occupant has not personally pursued all
available remedies against the violator for redress provided under Colorado law.
(f) No Owner, occupant or agent of such Owner or occupant shall do any
work which, in the Board's reasonable opinion, would jeopardize the soundness or safety
of the Condominium Community or any structure thereon, would reduce the value
thereof, or would impair any easement or other interest in the Condominium Community,
without prior written consent of the Board or all Association members.
(g) No damage to or waste of the Common Elements, or any part thereof,
shall be permitted by any Owner or any occupant, guest or invitee of any Owner. Each
Owner and occupant shall indemnify and hold the Association and the other Owners
harmless against all loss to the Association or other Owners resulting from any such
damage or waste caused by such Owner or occupant, or the Owner's or occupant's guest
or invitee.
25
ATTACHMENT A: Vicinity Map
ATTACHMENT B: Plat Maps
T7,~.,, W 8
vl r5 x. . x a ig ~ I
f c .yy~~
9sv ski, r g s a
# giit a ag yyi r{ i e e g &
ti is as re s`-
iFX Y _((g•a Y k M t8 i g69
Y8u 'a CFS }F3 ~x~ ; eg*re~~ ~Y~'..t; :Sb 5 ~ F'3 J E8=°I Ifx, .
O f Y t a. x Q d 6 8 ^a •r E G
q ~ i esA. f~s'~r{ si jst 20 .SI~ a ,e- 1. 5 s c°~ ?I dd$;'
E~ ecE yl { s a &Exs 7 i ee {S as g " s 3`
he x e +;gx c ~s gaa ~ a6 Eg_fi '_a ~ h Y I u x..
O rt.~ g Si 5 2 P g5ge S. - \18 e s 3 ~SF;
7~J` ~ 6 ~t 2 = d s c srg ^ ~ ' f~1 .~.c t: I
~ t~ F Y a
~ I uv p n
a s i}Y a~ z s 2~ L ~ s~ II II S ~ gr4a ss ~
7~, t'a B z .Xr's' ce at g 'e zx r'\e~ s" ~s~! ~ i Ili ~ ~ ~ ds2a..€sE3t s~
vl O Y~ xY 9s~ # trir'ssa as e.Yd 1k
A xa i S~ a`a ~ u 1~"av;~°~ sy~ F4 s .5( Fq ' ~ ~'~~q
O ~ b S` f K i 83 i¢ F 5. i ~ . 9~ a2 k C 3 j SY ~ fl
O ~ r°" sass _ s ,f# s tip ~ Z~~::'
~ 3 t.' A Srdt tftk 8t _;e~#o 2 k _ T ti. ~ YI 32V~~ 'k'
b s x ~a
g tit ® d $'.a€a t
0. et a~s Yp s e Fs ss sbxa k ~ -F5 i. ,u 3t t ' sg : e~~~ r•
yV €y3s qYb a ub ~tr° a i §sstssY e xiZ ~Y' p P~'ssY7te #
e a Yc % a•a r k E a i>,gg x- n h x `V ~ I! b q.g.4 eS^,#.c
._.a ..1~'a a'a5L ,.',:➢S...afs-b a32s.,S°. s ~ ~ j !a.
h
U
~.0>5 2.
6 t is
s°
~ttb{F}
y
~
y
~ 8ld
~ qFY~°SF 3~l 5
5 52$ug $Ea
e
{S;~
' x 2~C
Z 0 Z
~ ~ o
(
~
.~3m•gm 6~A
/ ~ \ Y~~'
~
O
~
Z
~
, 5 r rs 5 5m
k E M'
g S'°:.
S
1, 0
~U
/
1 /
~
Fi
9yy
- -k \ \ -i3
iY.
r~
t
3
S
~
\
\
Q
2'
~
S~ ag S2 ~2
~
'
'b ~Y°6~Yq$2 2S
E ba
EC
o
tE. hBgti°
s
O O
VaUln
/
/ Fq/
/ tlf ~~t.'
9__
Oo
b
aiq
J~Oo1 [F `Y ~x
q
-A d~ ei
k
a>
~ZZ
ey "Y
~Y u
a aT y4y
A~ 0 0 S~ R
e-l
rU~
a,'~
amu
Q
q
U
-a -
Q y
- ~r
-:c~~iss' ' h eaY $:?aia~g.;=a3 !`:BFI 3^ o
E_, R ! ;S
f-~ E E E § -~dF it- Y S~ 8 Y E E h S 'tf u~~ Y3 N 9 i EP I
o' €a €z~:_,s : I s a t . F 7F Me r e r e _ s re Y .;ma
z
3 2
~ ,AYE E~~• 3 ~ I iII y 7U'! StF~ Y S~k35
ei `'ss Ea _ ~a~ iF E 2 ~ I III . sti`==~ ~;~Fe
H~
" € e
E. :,F::S s
Z O ~ q ~ E s As °z a
Q [ - ~ R ~ ; i £ ~ QE FE ~E
O ~ -5 :sa"s4 ° dl~E~l iE r 8t ;~e:: e 5 s~
~z
a ~g8RI
W on
~~,y [ coo i ~ so
Q pa
0^ 9 ig zo>
o - t t9a \ d
U ~ s ~ ~ era
O oy
NYT ~.u5
~+•+`S s _Y y~~
X96 ~5 U f'
c) f ,s
5 „°[A
j
i
II
I
-
N
f`
U O ~ffJ~~
~Y 2
p T' v
< ~ J
J J 5 ~ s~,
2 sl
J al
U1
i
i'log A
VV'• a-
0~ Yea
17
a v.
i k'
Q~ k P U i
I
fit S
Q Pk
.Q ~~f Ui ~,J tv. L I
~f, r OYF. f~; V
k.~Q ~ k3 u
- LQVZ ~e U
u
\
\
J
Y
Q
Y ^I
Vu
iY
YSI;
a
0
z
` S.
- :z
\t
y ` NA
N
e
n
'PN
G
Sn Y
~qi
ro a
0
I
c
w w
e
a_
f- ~ j Q ~ I s I
Q o
~N
o LM o
a
o .
o
W
J o
Z o x j
Mayor John Dobson and the following councilmembers were present:
Bill Heimbach
John Donovan
Rod Slifer
Bill Wilto
Bob Ruder
others present were:
Stanley F. Bernstein, Acting Town Manager
Lawrence C. Rider, Town Attorney
Mr. Frank Thompson of Vail Cable TV read excerpts from his
company's annual report. He warned that illegal hookups will
be turned over to the Vail Police Department fbr prosecution
in the future. Mr. Loren Mall, attorney for Manor Vail in
current litigation against the Town of Vail and Vail Cable TV,
objected to Mr. Rider's interpretation of the rate schedule.
Mr. Rider stated that a..decision in-Manor:-Vail-v. TOV.was-
imminent and suggested that the Council wait to decide a rate
matter until after that decision was rendered. Mr. Dick Elias
of the Manor Vail agreed that waiting would be reasonable. Mr.
Mall asked that Manor Vail be kept informed of future decision
making sessions regarding Cable TV, and the Council agreed.
Mr. Thompson. then mentioned the annual discount rate. He felt
that pro-rated accounts should not be discounted., and Mr. Elias
agreed. The Town Council then unanimously agreed to enforce
the advance payments discount, and Mr. Thompson pledged not to
begin advance billing until January 1, 1978.
ORDINANCE NO. 6, Series of 1977, making a supplemental appro-
priation from the General Fund for the purpose of cloud--seeding,
was introduced on second reading. The Mayor announced that it
had indeed snowed right after first reading on this ordinance.
Councilman Donovan complained that the sludge pots were not being
operated often enough and asked Mr. Bernstein to check on how the
monies were being spent. Councilman Donovan then moved to approve
the ordinance on second reading; Councilman Wilto seconded the
motion; all present voted in favor; and the motion carried. The
Town Clerk was instructed to have the ordinance published by
title only.
ORDINANCE NO. 7, Series of 1977, rezoning Vail/Potato Patch
Second Filing from Medium Density Multiple Family to Two Family
Residential, was introduced on second-reading. The Mayor explained
that the downzoning was voluntarily requested. Councilman
Donovan moved to approve the ordinance on second reading; Council-
man Ruder seconded the motion; all present voted in favor; and
the motion carried. The Town Clerk was instructed to have the
ordinance published by title only.
ORDINANCE NO. 8, Series of 1977, rezoning Lot 9, Block 2,
Vail/Potato Patch from High Density Multiple Family to Medium
Density Multiple Family, was introduced on first reading. Jay
Peterson, attorney for owner Bob Lazier, updated the Council on
the proposed project. He stated that the density had been pared
down from 90 to 60 units, but that his client still wants MDMF
Minutes/Regular meeting
1 March 1977
Page Two
zoning to allow for 90 uncovered parking spaces. He added that
he and Mr. Rider had discussed the deed restrictions. Mr. Rider
explained that since last week when the Council was approached
with the proposed project, the Supreme Court of Colorado had
ruled that zoning can be contractual, so that now the Council
could write restrictions into the ordinance and require the
applicant to sign a contract limiting the project to 60 units
with 90 uncovered parking spaces prior to second reading on the
ordinance. Mr. Ron Todd, architect for the project, showed his
plans and explained how the units would be situated on the site.
Mr. Donovan asked why the developer wanted MDMF zoning for 60
units, normally an LDMF density. Mr. Peterson stated that his
client felt that the Town of Vail was planning to downzone in
general and that LDMF could eventually turn out to be 40 units.
Councilman Donovan felt vehemently that 60 units was too much
density in an essentially residential neighborhood. He berated
Vail Associates for selling the property at such a high density
zoning when they should, he felt, have downzoned it to Residential
and then sold it. Councilman Wilto felt the developer, Lazier,
had shown good faith in voluntarily downzoning to MDMF. Several
members of the audience, including Planning Commission member
Sandy Mills - who had voted in favor of the project in Planning
Commission voting - expressed their feelings that the neighborhood
was essentially residential and that the project should not be
allowed to go forward. Ms. Pam Garton, chairman of the Planning
Commission, stated that the PC had unanimously voted in favor
of the downzoning and recommended that the Council do the same.
Councilman Wilto then moved to approve the ordinance on first
reading; Councilman Heimbach seconded the motion; Councilmen
Donovan and Slifer and Mayor Dobson voted against the motion;
all others present voted in favor; and the motion failed with a
vote of 3-3.
RESOLUTION NO. 5, Series of 1977, regarding the first amendment
to the Town of Vail/Vail Resort Association lease agreement,
was introduced by the mayor. He explained that the amendment
was to allow the VRA to repay the Town for expenditures incurred
to fix the VRA air system at.the Vail Transportation Center, said
payments to be spread out over a 10-year period. Councilman
Donovan moved to approve the resolution; Councilman Ruder seconded
the motion; Councilman Slifer abstained; all others present voted
in favor; and the motion carried.
With regard to the Lionshead Theatre variance requests, Mr. Jeff
Selby brought the Council up to date on the progress of the
project and the denial of all variances requested up to now.
He then presented two alternative proposals, one requesting a
parking variance and a setback variance, the other requesting
just a setback variance. Diana Toughill explained that one
proposal would incorporate unused parking within the adjacent
Landmark building in a joint parking agreement, thereby eliminating
the need for a parking variance. She explained that the setback
variance was still requested to make the mall more attractive in
general. She added that as an alternative, the Council could
approve an escrow fund for future parking and charge the Theatre
a certain sum in exchange for a-parking)variance,.rather than
approving the joint agreement. She stated that the Planning
Commission had recommended approval of the setback variance with
the Landmark parking lease. Councilman Wilto then moved to approve
the setback variance according to Planning Commission recommendations;
Councilman Donovan seconded the motion; all present voted in favor;
and the motion carried. Councilman Donovan then moved to table the
request for a parking variance; Councilman Ruder seconded the motion;
all present voted in favor; and the motion carried. Councilman
Donovan asked Mr. Selby to mark off where the building was to be
located so that the Council could have a look at next Tuesday's
work session and to check with the Landmark owners in regard to
where the parking would be located. Mr. Selby agreed.
Mayor John Dobson and the following councilmembers were present:
John Donovan
Bill Heimbach
Bob Ruder
Bill Wilto
Others present included:
Stan Bernstein, Acting Town Manager
Larry Rider, Town Attorney
ORDINANCE No. 8, Series of 1977, rezoning Lot 9, Block 2, Vail/Potato Patch,
from HDMF to MDMF, was introduced on second reading. Councilman Wilto moved
to approve the ordinance on second reading; Councilman Ruder seconded the
motion: the vote was 4-1 with Councilman Donovan voting against; and the
motion carried. The Town Clerk was instructed to have the ordinance published
by title only.
ORDINANCE No. 9, Series of 1977, regarding transient dealers' licenses, was
introduced on second reading. Mr. Rider explained that the time period had
been reduced to fourteen days and the fee reduced to $50.00 with a sales tax
deposit of not less than $100.00. Councilman Donovan moved to approve the
ordinance as amended: Councilman Wilto seconded the motion; all present voted
in favor; and the motion carried. The Town Clerk was instructed to have the
ordinance published in full.
ORDINANCE No. 11, Series of 1977, regarding the sale of $450,000 of the Town's
General Obligation Bonds, was introduced on first reading. Stan Bernstein
read the title into the record: "An ordinance to contract an indebtedness on
behalf of the Town of Vail, Colorado, and upon the credit thereof, by issuing
general obligation bonds of said Town in the principal amount of $450,000 for
the purpose of defraying, in whole or in part, the cost of acquiring real pro-
perty to be used as open space and/or recreation and park land; prescribing
the form of said bonds; and providing for the levy of taxes and for the appli-
cation of sales tax revenues of the Town of Vail to pay said bonds and the
interest thereon". The Mayor asked if all members present had read the ordinance,
and all had. Councilman Donovan moved.to approve the resolution with the addition
to the title of "municipal servicQs as-a possible use; C-ounci'~nrtos econded
the motion; all present voted in favor; and the motion carried. The Town Clerk
was instructed to have the ordinance as amended published in full.
RESOLUTION No. 6, Series of 1977, approving the conveyance of Parcel B, Vail
Village First Filing, was introduced. The Mayor explained that action on the
resolution had been continued from the previous meeting. He added that the
resolution had been amended to include a twenty foot easement granted to the
Town, and that statements had been received confirming that $1,500.00 was a
fair price for the property. Councilman Donovan moved to approve the resolution
as amended; Councilman Heimbach seconded the motion; all present voted in favor;
and the motion carried.
RESOLUTION No. 7, Series of 1977, approving the Morcus Subdivision, was intro-
duced. Mr. Rider explained that there were technical errors in the first
subdivision which had been approved by the Council previously and that this
resubdivision would correct those errors. He added that the change would not
affect the special development district. Councilman Heimbach moved to approve
the Morcus Subdivision; Councilman Ruder seconded the motion; all present voted
in favor; and the motion carried.
PLANNING COMMISSION
SUMMARY
February 24, 1977
MEMBERS PRESENT;
Ed Drager
Dan Corcoran
Pam Garton
Sandy Mills
Gerry White
SELBY/TOFEL PARKING VARIANCE
. The applicants proposed two options to the Planning Commission.
Option A required a setback variance on the north side of the
property and a 17 parking space variance. Option B, which would give
more landscaping, required a 16 parking space variance.
Jeff Selby gave a brief history of events surrounding the
various variance applications and the Council reaction.
Ed Drager made a motion to grant a 9 feet setback variance;
Dan Corcoran seconded the motion.. A unanimous vote was recorded in
favor of the motion. Ed Drager then made a motion to recommend
approval of the 16 parking space variance for the 4,864 square feet
of commercial space with the stipulation that $3,500 per space be
put into a escrow account 99 similar to the CCI agreement. Pam
Garton seconded the motoin. The motion failed on a.2-3 vote.
At this time Pam Garton suggested a zoning amendment so that
the 16 spaces could be used from the Landmark Parking Lot (which is
awned by Selby) on a leasing basis. Ed Drager made a motion to
approve that suggestion; Gerry White seconded the motion. A 5-0
vote was recorded in favor of the motion. Option B was approved.
SITE 9 DECREASE FROM 90 UNITS TO 60 UNITS AS REQUESTED BY DEVELOPER
The developer, Bob Lazier, voluntarily wants to down-zone the
property from 90 units to 60 maximum. This would be a reduction from
6 buildings on the property to 4. There would also be a difference
in 30 surface parking spaces. It was noted that the majority of
the project would be 2 and 3 bedroom units.
Gerry White made a motion to recommend approval of this request.
Dan Corcoran seconded the motion. A unanimous vote was recorded
LA
PLANNING COMMISSION
Agenda
March 24, 1977
1. Hazard Zoning Ordinance
(just a reminder this must be finalized today!)
2. Site 9 Lazier
review of possible rezoning to either Residential Cluster or
2-Family residential per Council request
3. Vail. Athletic Club
acquisition of Parcel B
0.
- DATE: March 30, 1977
RE: Recommendation on Site 9 Zoning
The Planning Commission wants to reaffirm its recommendation
of approval of the down-zoning of Site 9 from IIDMF to MDMF (The 60-unit
proposal), with the exception of Sandy Mills, who now supports
a lower density zoning on this site.
Because of the Council's decision to reconsider the proposal,
the Planning Commission feels that this single issue, i.e. the
applicant's request for downzoring the property from HDMF to i,DMF
with a 60-unit maximum on the site should be decided on its:own merit.
The consideration of rezoning Site 9 to either 2-family residential
or residential cluster has been tabled at this time; however, the
Planning Commission would like the Town Council to be aware that they
have looked at various zoning and.density alternatives during the
i months that they reviewed the proposals for Site 9, and have reviewed
a residential scheme as recently as.last week.
The Planning Commission would like to reiterate the background
for its recommendation of approval for the applicant's proposal
on Site 9.
1) This site has been the,Iie genter of controversy for over
Va Y~'~'"' ulilo~
WO X yea$ in regard to its HDMF zoning.'A The PlanningCommission had
recommended to. Council a review of the site to consider rezoning it
to a lower density; however, the Council declined to consider rezoning
on this single, isolated site at that time.
2) The present applicant came in to voluntaril re vest L p~fj
n wi #4% q /VIAXiwta~ a~~ 6 Un S / f
down-zoning of the site from HDMF, with a maximum of 90 units.
At the urging of the Council, the proposal was further reduced to 60
units, which basically reduced the project to LDMF standards. After
long review and consideration of the project, the Planning Commission
recommended approval based on the following facts:
•
a) that the Town Council had declined to down-zone
the site previously
•
b) that the current proposed down--zoning was of such
a significant degree to bring the density down to a very comfortable
and logical level.
c) that the proposal seemed consistent with the school
site and Sun-Vail project to the east, and was a logical buffer zone
• between the Frontage Road and the surrounding residential and
agriculture zones.
d) that the current proposal, with just four buildings,
would have the least visual and aesthetic impact on the site and
would allow for minimal distrubance to the site, as well as providing
a very large amount of open space. Both the Town Staff and the
applicant's architect presented some very preliminary schemes of
lower density zones which the Planning Commission felt would have
a considerable impact because of the greater road cuts, driveway
access, more privacy, more buildings and less open space.
e) that the applant had consistently responded to the
concerns of the Planning Commission and Town Council and ha6 made
changes in the proposal giy_
r
r .
Avalanches Higft Hazard Area - shall moan any area impacted
by a snow avalanche with impact pressure in excess of 600
pounds per square foot and/or return interval of less than
25 years. High hazard avalanche areas shall be designated by
avalanche maps prepared for the Town of Vail by Arthur Mears
or by definitive study as prescribed by the Zoning Administrator
according to commonly agreed upon scientific method of analysis
6,
1
h
and calculation. Af
Avalanche, Medium Hazard Area - shall mean any area impacted by
a snow avalanche with impact pressure less than 600 pounds per
square foot and a return interval between 25 and 100 years.
Medium hazard avalanche areas shall be designated by avalanche
maps prepared for the Town of Vail by Arthur Mears or by
~~ss
istrator
Ad
i
i
.
m
n
ng
definitive study as prescribed by the Zon
Construction shall not be permitted in these areas without
.
definitive studies outlining appropriate defense measures as
prescribed by the Zoning Administrator.
.
Avalanche, Zone of Influence - shall mean any area in it
potential avalanche zone where detailed.information is not
presently available. These areas are designated by avalanche
maps prepared for the Town of Vail by Arthur Mears. Con-
struction shall not be permitted in these areas without further.
jY
4t r e j
t
i
or.
stra
prescribed by the Zoning Admin
detailed studies, as _
_r.
Flood Plain - shall mean any area subject to impact by 100
year flood as defined by the Gore Crock Flood Plain Information
Report, June 1975, prepared by Hydro Triad, Ltd., or as
designated by definitive s udy as prescribed by the Zoning
i
Administrator.
Garage - space or spaces limi ed to the housing of automnbiles
not including accessory storage areas. A garage parking space
in a single-family or two-family structure shall be limited
to an area of 11 feet by 21 feet per space with each space
.
having unencumbered egress to the exterior.
•
-2-
Rapid Mass Wasting, High Hazard Area - shall mean any area
subject to debris flows, debris floods,. debris avalanches, rock-
fall or rock.avalanches which, because of their probability
L
and destructive potential, could endanger life and property.
P
High hazard rapid mass wasting areas shall be designated by
maps prepared for the Town of Vail by Arthur Mears or by
definitive study as prescribed by the Zoning Administrator
according to commonly agreed upon scientific methods of
analysis and calculation.
I;~id Mass R'astinR biedium Hazard Area - shall mean any area sub-
ject to debris flows, debris floods, debris avalanches, rockfal.l
or rock avalanches where the impacts are less severe than in a
high hazard rapid mass wasting area. Medium hazard rapid
Wass wasting areas shall be designated by maps prepared for the
Town of Vail by Arthur Mears or by definitive study as pres-
cribed by the Zoning Administrator. Construction shall not
be permitted in these areas without definitive studies outlining
•
appropriate defense measures as prescribed by the Zoning.
Administrator,
Slope - The gradient or configuration of the undisturbed land
surface prior to site improvement of a lot, site, or parcel
which shall be established by measuring the maximum number of
i
feet in elevation gained or lost over each 10 feet or fraction
thereof measured horizontally in any direction between opposing
lot lines; the relationship of elevation or vertical measure-
ment as divided by the horizontal measurement shall be expressed
as a percentile as a means of quantifying the term slope.
•
•
I
9-1
U '
ti's ~ ~ i•~ _ . i. 9 ~
.
I
- i
TO: Town Council
FROM: Planning Commission
DATE: April 5, 1977
RE: Recommendation on Site 9 Zoning
The Planning Commission wants to reaffirm its recommendation
of approval of the down-zoning of Site 9 from HDMF to MDMF (The
60-unit proposal), with the exception of Sandy Mills, who now
supports a lower density zoning on this site.
Because of the Council's decision to reconsider the proposal,
the Planning Commission feels that this single issue, i.e. the
applicant's request for down zoning the property from HDMF to MDMF
with a 60-unit maximum, should be decided on its own merit.
The consideration of rezoning Site 9 to either 2-family residential
or residential cluster has been tabled at this time; however, the
Planning Commission would like the Town Council to be aware that
they have looked at various zoning and density alternatives during
the months that they reviewed the proposals for Site 9 as well as
residential schemes as recently as March 23rd.
The Planning Commission would like to reiterate the background
for its recommendation of approval for the applicant's proposal
on Site 9.
1) This site has been the center of controversy.for over
two years in regard to its HDMF zoning. Over a year ago, the Planning
Commission had recommended to Council a review of the site to
consider rezoning it to a lower density; however, the Council declined
to consider rezoning on what they judged to be a single, isolated site
Council -3-
April 5, 1977
~~'(Side 9)
ADDENDUM
It is common knowledge that the purchase of this property
by the present applicant is tied to a 60-unit minimum by the
contract with the seller. Because of this situation we have the
strong impression that this site will continue to be the center of
controversy if the present request is rejected.
Jun.21. 2005 2:40PM
Vail
Resort
Rentals, Inc.
is ;t74"
June 21, 2005
Vail Resort Rentals
t1o.1158 P. I
Ms. Elisabeth Eckel
Community Development
Town of Vail
75 S. Frontage Road
Vail, CO 81657
RE: Sun Vail 32 and 33 D ,
Dear Elisabeth:
?P*W.7Bz* &4(q.6.fP*7W P~b.
Thank you for your approval on the balcony enclosure for Registered Anesthesia's
condos 32 and 33D. Sun Vail does acknowledge that this is the only type of enclosure
approvable by the Town without an amendment to the "master plan." We do desire the
Town planner's approval on any future balcony enclosures and wish to retain that right
for the Association as well on a case by case basis.
Thank you for your review on this project.
Email dbuubyna,vailresorttentals.com
Web www.vailresortrentals.com
Cc: Thomas Yue
635 N. Frontage Rd. W. #1 * Vail, CO 81657 9 Phone 970/476-0906 • Fax 970/476.5026 • Reservations 800/456-8245
f
w
IZ)
co
boa
A
m
o
i!
O
~z~-l0oi
s
~w
a
a
~i
f
O
0
63~ V, lrA>- % 6 f 0,4f C-rl-,~ ~ %Si P4 S VC,
VAIL
Oka
a~ ~ n
G-1--
~o .
,
N~
TOWN OF VAIL, COLORADO Statement
Statement Number: R090001481 Amount: $300.00 10/19/200902:40 PM
Payment Method: Check Init: JLE
Notation: 13422 BAUER
HOME IMPROVEMENT
Permit No: DRB090537 Type: DRB - Addition of GRFA
Parcel No: 2101-063-2901-5
Site Address: 635 N FRONTAGE RD W VAIL
Location: UNIT G-15, SUN VAIL
Total Fees: $300.00
This Payment: $300.00 Total ALL Pmts: $300.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
DR 00100003112200 DESIGN REVIEW FEES 300.00
14
ORDINANCE NO. 8
Series of 1-977--
AN ORDINANCE CONDITIONALLY REZONING LOT
9, BLOCK 2, VAIL/POTATO PATCH FROM HIGH
DENSITY MULTIPLE-FAMILY DISTRICT TO
MEDIUM DENSITY MULTIPLE-FAMILY; AND
AMENDING THE OFFICIAL ZONING MAP IN
RELATION THERETO
WHEREAS, on the Official Zoning Map of the Town
of Vail, Colorado, Lot 9, Block 2, Vail/Potato Patch is
currently zoned as High Density Multiple-Family?
WHEREAS, in accordance with Section 21.500 of the
Zoning Ordinance of the Town of Vail, application for
rezoning of said property has been filed by the owner thereof,
requesting that said lot be rezoned to Medium Density Multiple--
Family District with certain conditions thereon, including a
limit on Gross Residential Floor Area, units and uncovered
parking;
WHEREAS, the Planning Commission of the Town of Vail
has considered the same and recommended approval of said
application and conditions to the Town Council; and
WHEREAS, the Town Council considers that it is in
the public interest to conditionally rezone said property,
NOTI, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, THAT-
(1) The Council specifically finds that the pro-
cedures for the amendment of the Official Zoning Map and rezoning
of properties within the Town of Vail as prescribed in Section
21.500 of the Zoning Ordinance of the Town of Vail,have been
fulfilled, and the Council hereby received the report and
recommendation of the Planning Commission recommending the
e/r
Ord. 8 Page 7_
(2) Pursuant to Section 21.506 of the Zoning
Ordinance, Lot 9, Block 2, Vail/Potato Patch is hereby
rezoned from High Density Multiple-Family to Medium Density
Multiple--Family upon the following conditions:
(a) The property may be developed to a
maximum of 60 dwelling units:
(b) Gross Residential Floor Area shall not
exceed 64,000 square feet! and
(c) The on--site parking need not be covered.
(3) As provided in Section 1.203 of the Zoning
Ordinance of the Town of Vail, the Zoning Administrator is
hereby directed promptly to modify and amend the official
Zoning Map to indicate the rezoning specified in Section (2)
above with the conditions attached thereto.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL THIS 5th day of April, 1977,
and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council of the Town of Vail,
Colorado, on the 19th day of April, 1977, at 7:30 P.M., in
the Municipal Building of the Town.
1)~
ATTF'St,' !
Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING,
.9
°
O•
4
R
3
O~
x
I
N
v
ua
co
*74 k
'x
N v
M
O ~
g
H
O ~O{
O•
O
O'
ro
0
I ro
M
V
z
cr
n
. O
C o
f
ro
I
l O
I ro
ro
a ~
d O
I ~
:T
pal
0
o.
e*
N
'Yy
G
Q
0
cyy°
~o
N
a o
C7 ~
O
m
A
e
b
ro
K
w
N
a
b
r
cfl
I~
Q.
ewer
R
7
ro
e
ro
O
A
w
a:
ro
m
a
° rL
W'.
p
e`d
c
O
G
p
G
c
M
O
M
i
•I~ri•
ro
~v
O
ro
0
ro
p.
O
Q.
0
a•
7
CD
~•"`nu •.nT' C ro y ~ ~
~ ~ ~ ~ ro O
a = 00 y+o o
ro~ co~i y~ a
w ,Q ~o• o C papd~- o
y K y~ C O N ro
O wro ovGv+w0
N C N w p a
~
Ornro!3 to
n~~ ~y ro ro~ w
C7 R N R 7C •C1
O va ~ N w ~r o p.
m k s 0 RL
rLo XD r;
yr•r. R e.r. ro
o 'Zo ro
Q•o ao a
ro CI• '-Y K SZe "
y m ro 0 0 R
r. ~ w
R C R
R. ID
ro•p o 'v~_2
I o O n o-0
„ .•.,wwKm
v"i CL r L1 '"r ro
w M O v r
'r a c%
( le " o N P, r°y
-IN N>
14 Zmc
b ~
M, Fn~:9yo -ZO
fln Ymi ~~l
gg S~P~a1 = ma o z m # y =410 • • ~ ~j
•y~'il$a mzlllm TAD _ V
c m 3 v z It a z r
-4 > O~on sea we
:ate &3d-~ 'COM
r i
r 07~` mD•DZ -•..rt
zi• i' D 1r
"'CE
ro
c
CL
O
ro
~c
P3e
S
9
n
0
z
a
O
M
r
t~
"•3
y
O
ftj
0
r
O
y
b
Pj
O
O
Pil
0
by
n
z
f
14
LA.
d
k
b
Ul•
C)•
a
z~
~F
e Y
v LL
n
pCr
m Y~
O
o
O ~
m a
w
O O
7 7
m
3
• ro
yA' m
~ O
v
O
O
Q
a
O
d ~
.7
c
m
O
a
Z.
t$ZN-
PQi
.Oi.
O
.o
b
b
m
CL
w
O.
o
a
a
coo s q zf
":'j.
~
m
V"
n fFi
O y
cn
y
o
Z
p
C
F
E
' -
>
ct.
c
7C
n
. b
'o". 11
c
r7'
C
~
co
~~.MS
O
Al
CD
x
rot w0~ ati.
0
rum
Q
ty
O
w 7 O C
w+
O
Q.
_
r r D. to o a m m
O
~
~
r~
y
ro
~
e~ w2;,
a .mt n
a 0
V, O
`z
L
d
~a
O'
ti
r7
,
N m
t21
.
O
m a c' n
+ m O
C
O
Ip
P.
o
~
°,~~a~~F
a
CL
m
m
p A 4 R CA
m
O C
Vl
o
o~o~r`~,~
Cxf
U m a
r
8
M
r.~~ d c P
i
.
C1
0
'
m
H~.ama.a
~
y
~
f
C7
O
O
~•O "•C~
O. ti
°
O
N
y
~
~
5•
a ~~~)oa~
7
.O
'55
w
a
O 1 oQ M
H
g
a
ro•G ~ `mm ° ~ cal
$
0 0 -0
COD,
14
m
•e
a n rp y O
w
N+
m
a6
o
m q O m"o "
b v• 9NN.$ .3 •.~~~n 0- ~C09909 OvJ mn tl < D 'O D
N
~'~~vc ~vx ,s n„7^~"3~a nx 'r<z~a~$~B3tl.tAg°__gamc>vz
qll On~x~ -~xc °B
C S .SS 1x VOOr-nZ pO
Mal s' a7D f"~m~~A 0< :b3m3 pm A r
~j 110 p~' pey O N yQ 1~ } m N m' . A 3 A 2~ SCJi ~
Q MG yy 'i + ~1 7 p .G n b N ] i 1 ni O O ' ..!SIN
~ b N s " 'A ~I Q ~ 7 _ S - a' /fir
~ ~N•d ~~g qg~S 33'°~~ ~~g'~~~~~~~~_;~~°3<~R•~~~~ C "'vb<~mvz;~~i~•'
w .,rtrr.
d~ " v 773` nom; 13•~ a7.>>°JS •i DOS A. V.0
~•a <d a &3 r_P~' ~R3~sr.s m~noo~ A_ em~a 4~-i3vm. s
,«+N22,7.. tl 35 "a= 'd `~rygpcp'1a' $R?_=iiCp_s.onr~i~r.:,r.~>
C 47 sA ...iy•
'/rr 8 tl-3 7e0 _ 1~9 •'OZm s.. -na~f ai ~~y~ ~m;•~`00
b bE•r 3-g'$gdr~~ _aa'g~°' ILImeollv,• :SmT1,sN~m
'3~n gcx=R ~So_ >i~1~.=,P..• 1;lc °-mm':; w=<~ p
r eb g ~..g aro 4 -3 3~ 33 gtl?3~r-r!'r
3 -40
j=jst'3 psQ xy 3..~-~q~ r O~ O>m
r A
yrrrA-imZOyrr
g s~
n
y _d Y ~$O~N O Sj t No<r m.+>•,.~'S•.~' $03$-r p,.
-I ~
B _ 33 v _tl
3 ~ - ~1gZtl$ 5 m Q q 3 x7P9 Z. -0-1
_d A 3 tl o~<'g~ 9.41•zv
'11"46 3a on4 fi1~0<~!m
m
s
~ x
C
m
I m
m
~ k
a
d O
~ ro
CD R
;a
a
TOWN OF VAILV
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com November 3, 2009
Dr. Thomas Yue
13911 Ridgedale Drive #350
Minnetonka, MN 55305
RE: Gross Residential Floor Area (GRFA) analysis of Sun Vail for DRB09-0537
Dr. Yue,
This letter is being provided in response to a request to convert a former
commercial/garage space at Sun Vail. The submittal of a Design Review application to
convert a former commercial space occupied by Mr. Lazier, to a heated boot/ski room
comprising Gross Residential Floor Area (GRFA) generated the need to perform
research on the Sun Vail project as to the remaining amount of development potential for
the development.
My research of the Town's records found that through Ordinance No. 8, Series of 1977,
the Sun Vail property was down zoned from High Density Multiple Family to Medium
Density Multiple-Family and restricted to no more than 60 units and 64,000 square feet
of GRFA. According to the Town's records the Sun Vail development was initially
developed with 60 dwelling units (several of which have been combined into single units
such as your units) and is currently comprised of 69,732 square feet of GRFA. The
explanation for the additional GRFA over allowable are the Town Code allowances for
an additional 250 square feet of GRFA for dwelling units in fully developed projects. My
records show that you took advantage of this 250 addition when you enclosed your
decks in 2005 through Building Permit B05-0168. Through this permit you utilized
approximately 120 square feet of your allowable 250 square foot (130 square feet
remaining) addition for the combined Units 32D and 33D.
This research resulted in a determination that you do not have enough remaining GRFA
to convert the approximate 211 square feet of commercial/garage space to GRFA. Your
options are to propose an increase to the allowable GRFA for the Sun Vail project
through an Town Code text amendment ordinance which would need to be reviewed by
the Planning and Environmental Commission and the Town Council (this process takes
approximately 3 to 6 months and requires a complete GRFA analysis to be performed
for the site) or to convert the commercial/garage space back to a garage with a garage
door. Inside your garage you may choose to install heat, carpet, tile, and improved
lighting in order to have a nicer garage. There must be a clear 9 foot X 18 foot parking
space within the garage.
& *W_
RECYCLED PAPER
Any expansion will need to conform to all requirements of Title 12, Zoning, Vail Town
Code. I hope this letter answers any questions you may have regarding your proposal
and the position staff has taken. If you have any further questions please feel free to
contact me by email at wcampbell(c~vailgov.com or by phone at 970-479-2148.
Furthermore it was discovered that you Building Permit (1305-0168) is still active and has
never received any Building inspections. If you never performed these enclosure you
may have the GRFA necessary to convert the garage as you desire. However, Mr.
Bauer, your contractor, stated that he believed the deck enclosures did occur. If the
deck enclosures did occur please call the Town's Chief Building Official to discuss what
steps need to be taken to insure that your improvements comply with the adopted
Building Codes. Martin Haeberle, Chief Building Official, can be reached at 970-479-
2142.
Sincerely,
Warren Campbell, 4Irp
Chief of Planning
Town of Vail
Cc:
File
2