HomeMy WebLinkAboutPEC100016Plar�ning and Enviranmental �Commisson
ACTIt3N F�l�M
�!� 1 Department of Community Development
��� j� �� i 75 South Frontage Road, Vail, Colorado 81657
B I t/,C tel: 970.479.2139 fax: 970.479.2452
oow.«,►+,roEVe�o�++r web. www.vailgov.co�rn
Project Name: ADAM BED & BREAKFAST PEC Number: PEC100016
Project Desa�iption:
BED & BREAKFAST
Participants:
OWNER ADAM, NANCY SHAPIRO
765 FOREST RD
VAIL
CO 81657
APPLICANT ADAM, NANCY SHAPIRO
765 FOREST RD
VAIL
CO 81657
03/29/2010
03/29/2010
Project Address: 765 FOREST RD VAIL Location: UNIT A
Legal Description: Lot: 8 Block: 2 Subdivision: VAIL VILLAGE FILING 6
Parcel Number: 2101-072-1000-7
Comments: COMMISSIONER PIERCE RECUSED
Motion By: PALADINO
Second By: CARTIN
Vote: 5-0-1
Conditions:
BOARD/STAFF ACTION
Action: APPROVED
Date of Approval: 04/26/2010
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:300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0011396
The approval of this conditional use permit shall expire on April 26, 2012.
Planner: Bill Gibson
PEC Fee Paid: $650.00
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Conditional Use Permit
. /
Application for review by the
Planning and Environmental Comm
�
MAR 2 6 2010
nTOWN OF VAIL
General Information: A conditional use permit is required for any use classified as "conditional" in any of the Town's
zone districts. Uses listed as conditional uses are subject to such conditions and limitations as the Town may prescribe
to ensure that the location and operation of the oonditional uses will be in accordance with development objectives of
the Town and will not be detrimental to other uses or properties. The proposed project may also require other permits
or applications and/or review by the Design Review Board and/or Town Council. All PEC approvals shall lapse if con-
struction is not commenced within two years of the date of approval and diligen�y pursued to completion, or if the use
for which the approval is granted is not commenced within two years.
Fee: $650
Description of the Request: C Or� � 0�' i�.de.
�l V`e�l � � �e�X ►?'O NYLS � � �aS '�1N�S7� le L1^,c[� . U /1 ��}- �
�� .
Physical Address: �Q ��`e ��(� �1., V1 l.�{' 1-t � V u�( � l_f) •
Parcel Number: ��� ���°Z��D� � (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Properly Owner: �_a-.�C,U '�LLI'Y�
Mailing Address: ��n �� r� � ��-OG�(� � l� n t� 1A ,� j� T LO. O ��P�
� � � �
Phone• ��C� � y 7� � �3�i�
Owners Signature:
Primary Contact/ Owner Represb�Stative: � a��-'� � 2 Y►'1
Mailing Address: ��P S � S'�" I � d � �i Yt�' lA , � � � � • �� �P �
Phone: � �L� ' � 7!v - S3_�3
E-Mail: ����� LLC7�- �O/1� Fax: ���- �-{ �%% '���T
For Offiae Use Only: Cash_ CC: N� MC Last 4 CC #���
Fee Paid: � � Received From:
Meeting Date: l0 PEC No.: �
J
Planner:
Zoning:
# (X�`"6�1(� Check #
Project No: YK-c1 1 U"
Land Use:
Location of the Proposal: Lot:� Block: �[. Subdivision:��l` �L^�
, a-
`"l � � J�� ' �5 [� — / �OWI.v(� L� - 01-Jan-10
/
Conditional U5e Per��t
App�ica�tion for review by the
Rtan��ng and Environmental Comr�i��i�n
General information: A condftlonal use permit is required for any use classified as "condi�onal" in any of the Town's
zone disMcts. Uses listed as condi�onal uses are subject to such conditions and limatatlons as the Town may presa�ibe
to ensure that the location and operation of the conditlonai uses will be in accordance wfth development objectives of
the Town and will not be detrimental to other uses or propertles. The proposed project may also require other permits
or applicatlons and/or r�vievv by the Design Revtew Board and/or Town Coun�i}. All PEG approvals shaN l�se if oon-
strud3on is not oommenced within two years of the dabe of approval and di{igently pursued to completlon, or if the use
for which the approval is granted Is not oommenced within two years.
Fee: $650
Description of the Request:
I..o,� k ��—
Parael Numberc ��� /D�°2' �ODo �% (Contact Eagle Co. Assessor at 97U-328-8�40 for paroel no.)
Rroperty Owner: � 0. v1C,l,.� �A-r�iLf'V� - - -
�
Mailing Address:
Owner's Signature:
Prlmary Ca�tact/ Owner
Mailing Address: _
Phane: � ��J ' � �(A � 53. �'..3
E-Maq• 1�-�:314'II�C icC`��. Cp�� fax• -4'��' y r%�G -���T
For Office Use Oniy:
Fee Paid:
Meetlng Date:
Planner:
Cash_ CC:( i�' MC Last 4 CC #,�� Auth # Chedc #
�""� Received From:
PEC No.:
Project No:
Zoning: Land Use:
Locatlon of d�! Proposal: L.ot. Block: Subdivision;
o�-ran-ia
*******************t************************************************************************
TOWN OF VAIL, COLORADO Statement
**s****s**s****ss***ss*•s****ss*****�**«*********s*.**s*ssss:****:***s*********s*****«****s*
Statement Number: R100000227 Amount: $650.00 03/29/201010:57 AM
Payment Method:Credit Crd Init: JLE
Notation: NANCY ADAM
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Permit No: PEC100016 Type: PEC - Conditional Use
Parcel No: 2101-072-1000-7
Site Address: 765 FOREST RD VAIL
Location: UNIT A
Total Fees: $650.00
This Payment: $650.00 Total ALL Pmts: $650.00
Balance: $0.00
***************************************t*********r*****s***********s****s****s**************
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------------- ------------------------------ ------------
PV 00100003112500 PEC APPLICATION FEES 650.00
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Nancy Adam
d/b/a Nancy's Nest
765 Forest Road, Unit A
Vail, CO 81657
970-476-5383
NSAVaiI an,aol.com
Mazch 25, 2010
p ���ae�
MAR 2 6 2010
TOWN OF VAIL
Re: Conditional Use Permit Application for Bed and Breakfast for 765 Forest Road
List of Adjacent Property Owners and
Stamped, Addressed Envelopes
To: Town of Vail Planning and Environmental Commission
Delivered with this list of the property owners adjacent to the subject property aze the
stamped addressed envelopes for this matter.
List of Adjacent Property Owners:
Behind: None--Gore Creek
Adjacent:
To the West: Town of Vail owns the vacant lot to the west of the residence
Address: 75 South Frontage Road West, Vail, CO 81657
To the East:
745 Forest Road Units A and B
Owner Name MONOGRAM REAL ESTATE
Owner Address 11101 W 120TH AVE STE 300
BROOMFIELD, CO 80021
Parcel Number 2101-072-10-015
Taz Area SC103 - VAIL (TOWN) - SC103
Situs Address 745 FOREST RD #A
Legal Summary Subdivision VAIL VILLAGE FILING 6
Lot 7
Block 2
And
Parcel Number 2101-072-10-016
Taz Area SC103 - VAIL (TOWN) - SC103
Situs Address 745 FOREST RD #B
.
Legal Summary Subdivision VAIL VILLAGE FILING 6
Lot 7
Block 2
Across the Street: 756 Forest Road
Owner Name GENERAL COMMiJNICATIONS INC
In Care Of Name A. EMMET STEPHENSON, JR
Owner Address PO BOX 1224
ENGLEWOOD, CO 80121
Parcel Number 2101-072-11-012
Taz Area SC103 - VAIL (TOWN) - SC103
Situs Address 756 FOREST RD
Legal Summary Subdivision: VAIL VILLAGE FILING 6 Block: 1 Lot: 12 BK-0312
PG-0350 QCD 11-OS-80
Across the Street to the West:
Owner Name ILLIG, CLIFFORD W. & BONNE A.
Owner Address 11504 PAWNEE CIR
LEAWOOD, KS 66211
Parcel Number 2101-072-11-034
Taz Area SC 103 - VAIL (TOWN) - SC 103
Situs Address 000796 FOREST RD
Legal Summary Subdivision: VAIL VILLAGE FILING 6 Block: 1 Lot: 13E
R200615512 MAP 06-13-06
R200615513 DEC 06-13-06
Across the Street to the East:
Owner Name MAS, JOSE & PATRICIA
Owner Address 8550 OLD CUTLER RD
MIAMI, FL 33143
Parcel Number 2101-072-11-017
Taz Area SC103 - VAIL (TOWN) - SC103
Situs Address 000736 FOREST RD #C
Legal Summary Subdivision: VAIL VILLAGE FILING 6 Block: 1 Lot: 11 LTNIT C
R668435 WD 12-17-93
R200629758 DEC 10-30-06
Regazds,
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PQLTCY C?F TTTLE INSURANC� ISSU�D BY
� � � � L� � 1 l i �
GiJARAI�"FY CO1ViPANY
SU}3JECT Tl� THE E7��LUSIUNS FRC7M COVE
iN SC�ULE B AND 'f�� CONi3IT"�ONS AND 9'�
"I'ezas corparation, �et�in c.�lled th� Compaay, insures,
not exceeding the Amot►nt of �nsura�ce statecl in Schedi
1. Tit1e to the estate or inierest described in Schedu
2. Any defect in czr lien or encumbrance on the title
3. U�narteetAbility of tihe title;
4. Lack af a rigM of a�ceess io and frorn �he Iand.
The Gompany w�ill also pay the co�, aito�n�ys' fee., �
tfl the extent �smvided in the �onditiaas anri Siipulatio�
IN 'WITIVE�.S WI�RfiOF, St�wart Titl� Guaranty
duly a�et�orized a�cers as of the Dats af P�}icy shown
STE
Ch�irman of ihe
Countersigned:
Avthori'�!`Cauntersi �r�ture
3TBVflART TtTL.6 OF FsAf�J.,E Cf1UNTY, INC.
Agent<ID NU60R58
MAR 2 6 2010
OF VAI
rGE, THE E7fCEPTIONS FROM COVERAGE CONTAIIV�
EILATIQNS, S"TEWART 7TTLE GUARAN'TY COMFANY.
of Date of Falicy shawn in Schedule A, aga�in�t loss or da�
A, sustained or incurre�d by the insttred by reas4n af:
A h�ing ve,sted ofhar than a.G statscf therein; ;
�1 exp�nse� in�:urred in clef�nse �f the title, ac in�tred, btst o�
�trapany ba.s cauSed this �o'Licy to be signec! and sealed by
� Scheclule A. :
Ai�T TITLE '
qIVTY COMPAAfI'
: •
'4A't41�,�6�,� � .
, : «iw ;�
;�44��'�1 i=� President
*` _,+�t_ $ns4
1908 ;o '
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E1iC1.USEt)�t�s IrR(3M C(�VGRA(�E
The foqnwing mnttxrs ars o���xsly excluded Pr4�m the coverAga af this pnticy fln�i che Compe�ny will nnt pay la:e� �r d�mage, ct�
saocneys' fces or e�enses whiah arise by reasan �f:
1. (a) Aay law, e+rdinnneo ur go�!etnmerital reg�a4aci�n (inetuding but nu[ limited t�� huilding nnd zoning laws, ordinewtces, or regals�ie
restrictiag, regulating, pr�hibating or relttting ta (i) 11ie �ccupan�y � ufie, nr enjoymsnt of ch$ tand, (ii) tho charactcr, `ciimcnsiQns or iocat
of a»y �n+pmvemt�t now or her��a otoetsd on ttse lead; (iii) s:BCparnEio� .in ows�rsli'sp or A ck�ange in tt�e dime�nsiotis ar area af Fhe lan+
an� parcei of which tha land is ar was a prtrt; or {iv} enviroqmenl'nl protectioe, or the e'ffieet of any vialsti�► of the�e taws, ordimia�
�overnmeotal rcgul�ions, except to the extenttliqt � noti+ce of thd �forcement thcreof or a sotioe of a dafeet, {ien or encumbrance resul'
froro a vialnuun or allegeci violation affecti�.g thtlaACi has bcen r�arded in the pufiJio rccords nt Date of Poficy.
(h) Any gavunmontal policc power not axcluded by (a) aboY�, cxcept to the extent thst a notice of t6e exorcise thereof or a notice c
defect, licn ot cncua�brunce resattiag from n�+ivintion or ullegul Jialation affeating the land hns been recardcd in th� public records nt F
af Poiicy. :
2. Rigbtcof anincnt damsin unla�s nntice of the oxercise tt�oi'eoP has bcen racarded in the public records nt L?nte of Policy, but
p��p�}� �p�p ¢pvatsgp epy ca�c'sng w�icb has oecurrod prior to �te of Policy which would be binding on the rights uf n purchaser for ve
wRl�out knowle�g�.
3. Defocts� lieas, sssertmbeaa►ca�s, advorse claims or othar ms6ters:
(a) r.�oqtott, sutYeted, assumed or ngtaed to by tha insured clai�nant�
(b) not Itnown W the Company, not recorded in tho public rocords at Dettc of Policy, t+ut known to the insured claimtult and not disclose
wciEjdagto the (:ompuny by tke i�sured cleimant prior t�� the dnte the insured claimnnt became ttn insured Under [his pokicp;
(c) rcaulting in no Ioss ot d8mage co tha insured claimsnt;
(d) atUtching ar ereated aubsaqu�z to Date of Pokic}�; or
(o) rt�eulti�g in loss or damagQ Which would not h$v�; bxn sust�ii»sd if the insureci cleimnnt had ptud vaiue for the 6stnte �r interost insi
lt��ti�is po}ioy• �
4. Any cksym, w#tic�:ariaas out of ttya trar�sacti?aq Ytsting ia the �nsured the estnte ar interest insared by this poiiey. by ca�son of che operf
of &detpi baokru�icy, B�ss iasaivency, oC sim�7ar crcditors' r�gkits Inws; thot is based on:
(a1 t� traas�odo� cro�ing t�e �te crr intuast ipsurr,d by this pc�licy b�in$ d�e�ned e f�udul�nt cactveyaece vr` €t$aduleat tr�ttsf�r
(�s� t1�es Gca�t44cti4n cra�ing tho � or i�tercet insarcd by tttls policy baic�g dee�rncci s pret'�tiRl naafsfor e� �v1�+aE'e t4a p�
� raauits f� e�e+ fsilure: Ei� t� ti�maby ceapzd �he insrr�un�ajt of transfer; or £ii) of svch rceordat'tan tP i� tiAtiCe � a�ttr�set
...tinw n� n iuetmn�rt nr tien cve�il'nr� ' _ � . � , _ . ,,.
CONi)TTIQNS t1ND STjPULA7'IONS �
1. �EFit%fITIU]V �F TERM3, ' - .
The followu�g terins when used in tl�is policy mean:
(a) "insurui��: CIIC I115llTC(� Il�1ITlZd Lil Schedule A. and, sul�ject to any right�s or defenses the Company would have had 3gainst:the
tl2med insuiecl, those whn succced tu [he inter��s[ uf dle named insured by operation uf� IaH� tts distinguished from purchase including, but not
timited to, heirs, di�tribut�s, devisces, survivors, persunal represen[a[ives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming luss or damage.
(c) "knowlecige" or "known": actual knowted�;c, nol constructive knowledge <�r notice whicl� may be unpirted to an insured by reason
of the public rec;ords as defined u� this poLicy or any other records which impart constructive notice of matters affecting th� land.
(d) "land": the land descriUed or referreci to in Schedule A, and improvemencs affixed thcrrxo whioh by law consptute real property.
The term "land" does not include any property t�eyond the lines pf the area descri�ed ar referred to ut Schedule,A, nor any righ[, tidt,
u�terest, estate or easen»nt in abutting streets, rnads, avenues, aileys, lunes, wAys or waterways, but nothing herzin shall modify or limit
the extent to wliich a right of aecess to and from Che land is insurcd by d�is policy.
(e) "ui�rtgage": mortgace, d�c1 of [rus[, [tust de�d, or oUaet s�curity instrument.
(� "pubtic records": re�:ore15 established under s;.•;te st�ltut�s at Date of Poli<;y for th� purpose of impartiiig constructive nutice of
mltters relating tu real properry to E�urehasers for value and without kiiowlecige. bVith respec:t �a Section 1(a) (iv) of [he Exelusions Erom
C��versge, "public rexords" sttal! atso includ� r.nvironm�ntal prdtection liens filed in the reoords of [he clerk of th� United States district
court for [Ite discriG in which the land is locatui. ,
(g) "unmarketability of tiie title": an alleged or .�ppareiit maCter affecting tlie title to the tand, not excluded or excepted from coverage,
whicl� would entiCle a purchaser c�f the estaCe or interest described' in Schedule A ta Ue released trom the obligation to purchase by vutue of
a cf�n[ractual conciition requiring d�e dclivzry �'�f m.irketzible title. ' '
2. CUNi7NUA77ON nF IVSURANCE AF"fF,N C(1NVEYArICE UF'CITLE.
The cc�vtrage i,f [his pi�licy shatl auntiiiue in fi�ri�.c as vf Date of Policy in favc�r of an insu,-ed only so long as the insured retains t�n
esta�c cn� interest in [he land, i�r hotds an indebtedness ser.ur�d Uy a purchflse me�ney mnrtga�;e given by a purchaser from the insured,
or anly su long us thr. insured shall have tiability by reason ol' cuvenants uf warra:nty made by Che insured in any transfer or conveyanee
i�(' th� �state. ur in[er�st. This p<�licy shull not continuL in fore� in favor of any purchsser from the insured vf either (i} an esiate or interest
in the land, ur (ii) an indebU;d��ess securzd by a purchase nwuey mortga$e given tii Che insured. '
3. N01'ICE OF' CLA1M 'I't) 13E UIVLN 13Y INSURED CLA[MAN'C.
The insiu•r.d shall notily the Compiny prom}>dy ;n wri[in�, (i) in case ��f 1nY litigati�n as sek foRh in SecGon 4(a) below, (ii) in:case
kanwlc:dge sl�all c.ome to an insured hereunder of a�iy claim c�€ titl� or interest wliich is adverse [o the title to the estate or interest, as
intiured, and which might casise luss c�r dsmage f��r wliich Qte C��mpany may be liable by virtue of this policy, ur (iii) if title to tl�e estace
or in[eresc, as insured, is ri;j�ated as unmarketable. lf prompt n�tice sh�ll not be fiiven to the Campany, then as ct� the insured all liability
of tlie Company shall [ennina�z wiUl re�ard w tlye matt�:r or matters for which prontpt notice is required; prUVided, howev�r, Chat failure
to u��tiYy che Corripany shall i❑ na cZSe prc;judicr Lhi righGti uf any insured under U�is �olicy unless the Company shall be prejudiced by
lhe I�iilure and dien ��nlV to th� uxtent i�f the En'ejudic�. ,
4. DEFtiNSE ;IND PRC)Si:CL1T[ON OI AC`CIONS; DUTY OE� INSURED CLAIiYIAN'C TO {;vOPEKA't'E.
(<�) Upon wriucn request hy llie insurccl and suL�iect t�� the bptic�ns cuntained in Seclic�n (i of these Canditi�ns and 5tipulations, th�
Company, at its uwn cost una svithout unreasrmablc delay, shall provide 1�i�r lhe del'ense <,f an insured in litigation ui which atry thitd pai#y
assc:r[s a claim adversc to [he title or i�iC�rzst ,�s iusuraJ, but nnly �s tu those st�nted esuses uf aeticin alleging a defect, li�n or
encumUrance nr other matter insured abxinst by [his pnliry. The 'Gi�mpany sliall have the riklit eo seleet counsel oC i[s choice (subject to [he
right of the insured to ol�jud For re:isonable causr.) ta rc��resr•nC tite insured as tu thi�se stxited causes of action and sfwti not be liable for, and
will not pay fhc fees r�f any ,�t.her enunsel. 't'lie Coirip:iny will nut puy any Fe�.s, co:;ts or expenses ic�eurred by ttte insured in the defense of
thi�se ca�ues i�f ac[ion whicL allegr ntritters n��t ins�ircd <t�xins[ by this p<�licy.
(U) The Coittpany sliall Itave [he righl, at its own cos�, to insti[ute and pr��secute any action nr proceedin�; or t� do any other act which
in its ��pinion may he nccessary or desirabli: tu cstnblish the titte tc� die estate or intc;rest, as u�sured, �r to prevent or reduce loss or datnage
to [he iitsured. The Company ma,y take any appropriate action under die terms c,f this policy, whether or not it shall be Uabie hereunder,
anel shall not th�r�by cc�ncede. liability or waive any pruvision of tl�is policy. !f the C�mpany sh��il exercise its rights under this paragraph, it
sliatl di� so diligently.
(c) Whene��er the Cumpany shall havc. brought an action cir inter�oszd a defense as requireci or permitted �y the provisions af this
poGcy, the Cornpiny may pursue sny liCigation ta futxl determinution by a ec�urt c�f compe�ent jurisdiction and expressly reserves the;right,
in its sole discre.tion, iu app.�il from any advers� judnment or errder.
(d) ►n all r.as�s wh�re this p!�licy permits ur req:�ires the Ci�mpany ti� prosu:ute or provide for the defen5e of any action or proceed-
ink, [he insurul sh.ill aecure tu Utc Compin}� lhe rirht to so pri�secute or pro��ide d�fense in the action or pruce�ciing, and all appeals
therein, ;xnd parmit t6e Coinpany to use, at it, optiun. tt�e uame i�f the insured for tliis �urpose. Whenev�r requested by the Company, the
insured, at the Cumpany's expense. shall �ive tite Crnnpany all reasonable aid (i) u� any acciun or proce�ding, securing evidence, obtainiag
witnesses, prosecutin� or defeitding tlie artion or proceedi.ng, �r effzcti�ig seulement, fmd (iij in any c�ther Iawful act whici� in the opinion
nf dle Company may bc n�;essary ar desirable to estaUlish the title to d�e estate or interest as insured. If [he Company is prejudiced by tlie
fnilure uf the insured to fw�nish the reyuired coi�pc=ratic�n, the; Company's obligations �o tl�e insur�d vnder thc poGcy shall Cenninate,
including any liability or �I>ligation to defend, {�ros�:cute, ur cpntinue aity titigaCion, with regard to the matt�r ar tnatters requiring such
coi�peration.
�
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ALTA OWWI�'S FOLICY
SCH�D�LE A
prder Number: 9so165s�-c6 '
DAt¢ Uf POEtGy: f3ctQh�x 06, I998 at 3:56 P.M.
Amount of Insuranee: $ 1, 650,OQ4.00
1. Name of Insured: '
rrArrcr sH,�rRO An.�t
POIiCy NO.: 0-9701-64239
2. 7i1e estate vr interest i�z the lanct wh.ieh is c;ovcred',by this policy is,
FEE SIXPLE
3. Tute to th� estate �r int�rest in the Xatut is vested
NANCY SH}1PZR0 ADAl1
4, Tir� lurrd r��erred tv in t�is policy is ctescrr'bed as fnllows:
SEE ATi'ACHED LEGAL DESCRIPfiION
0�'der Numbe!': 98U16554-c6
SCHEDULE A
LEGAL DESCRIP170N
LOT 8,
BLOCK 2,
VAIL VILLAGE SIXTH F.ZLI'NG AC'CORDING to the recorded
plat thereof
COUNTY OF EAGLE
STATE �F COLORADD.
,��,LTA O'WNER'S POLICY
SCH;�DULE B
Order N�nber; 98�16554-C6
TFi�s policy does ncrt insure t�ga�r+st ioss vr darnitge (a�
wfric�t a�se by reason a, f.•
1. Rights ar cl.aifins of purt�€�s in passessi�n, not sho'
2; Eusements, or cla�ms qf easemer�ts, n�t shown by
,�. Discrepcancies, conflicts i� bau»ciary lines, slu�r
survey and inspection of the premises� wauld disci
4. Any li�n, or right tv a lien, ,fvr services, labor c�,
and rwt shown by the pub�ic records.
S. Unpatentc�d mining claams; reservations ar exce�
water rights, ctairns or title to wat�r.
6. Any and a11 unpaid taxes and assessme
y, The effect of .incZusions in at�y gene3
pxotection, soil canservation or oth�
service or street improvement area.
Policy N4,: 0-9701-64239
the Cornpctny wild not pzzy cosFS, atrorn�ys' fees ar ezp�nses)
� by the pubtic records.
�e public records.
�e dn ar�a, encroachmcnts, and ciny facts H+hich a cotr�ct
�e anrl wl�ich are rcot shown by the public: rscorrls.
material her�t2fore or hereafter furnishe�l, imposed by law
irt patents�, vr an act authoriZing the issuance thereof,•
ts and unredeemed tax sales.
or sgecific water canservanc;y, fire
district or inclusion in any water
g, Reservat.ions or exceptzons contained'in U.S. Pat�nts, or in Acts authorizing
the isausnee thereof, reco�ded Ma�r 20, 1905 in Book 49 at Fage 511 reservinq
1) Rights of the proprietor of a veiri or Iode ta extract and remave his ore
therefram and 2) rights of way for ditches and c.anals constructed un:der the
authority of the United 5tates.
9. Restrictions, as contained in the instruments reeorded in Book 183 at Page 1,
as anrendda' by instrument recarded in Book 183 at. Page 141.
10. Easements, restrictions and rights-of-ways as shown on the P1at of �ai1
Village, Sixth Filing, recorded June 1, 1964 in Map Case #2, as Reception No.
99380.
NOTi;; Partisl VaGation of Easement by The Mountain States Telephone
and Teleg.raph Catr�p�ny, vacating the west Len (10) .ieet of Lot 8, 81�ck 2;
EXCEPTr the narth 10 feet thereof, by quitelaim deed recorded JUne 8, 1981 in
gook 324 at Fag� 2�3 as Rec�ption �To: 253388, also vacation� of easement,
record�d Augurt 14, 1998 as Recepiiori Nos. 666097 thxouqh 666100•
11, Easem�nt Agreement with Vai;I 4Tater and 5anitation Distrzct and Vai1 Associates,
Inc „ as conteined in the instrument;recorded August IS, I966 in Bovk'197 at
Page 471 as Reception No. 1Q4538.
12. Easement Agreement between Goze Cree�s Hovse Campany and Vsi1 Water and
Sani�ation District, as contained in the instrument recorded October 10, 1966
' Continued on next page
Continuation of Schedule B- ALTA Owner's Policy
Policy Num.ber: 0-9701-64233
in Book 200 at Page 219 as Rece��tion No. 104781.
13. A Deed of Trust dated OCTOBER 6, 1998y executed by N.ANCY SHAPIRO ADAM, to the
P�b1ic Trustee of Eag1e County, to se�ure an indebtedness of $1,000,000.00, in
favor of NORWEST BANK COLORADO, NATIONAL ASSOCIATZON recorded OCTOBER 6, 1998
as Reception No. 671804.
14. Assignment of Lease.s and Rents Recorded OCTOBER G, 199B as Reception No. 671805.
.
. . car�ni�+�r�s �
S. PR�?(JF QF' Lti.S3 Q�It DAMAGE.
1n aJdition to and efte� rhe noticax reyuirod undar S�tion 3 uf Uuse Curidi€i�ns a�id Stipulaticuie heue been provided rlte Ci�wpany„ a proof of foss or �magc sigrted
and sworn to by the insuted clairrant sha►1 i�e furnisbed w the G�napauy within'90 daya afiar the ii�cur�d claimant shall ascertaia the facts g'tving rise to the Ic)ss or damage.
'I'iie pfoof of loss ot davtag� ShaU dcscn'be tha defect in, or tien ur r.�icumbrpncc ot� thc aUe, ar other niatcer insurcd against by this puliiiy whir,h constizutes the besis of
loss or dame$e and shaii Rtatc, w the extent poasiblc, the 6a�is of calculating t�ae aanount uf the lusx or damage. !f the Company is p�eju�iced by thn failure uf tha iasured
CIA14Y$A[ LO provida tha�t�t�u+ed proof of loxs or damage, ihe Cumpany's ob}�gationa tv the ineured under the policy uhall i�scminate, includit�� eny liability ��t ubi'tgation
tv de&s�d, prosacuEa� or continua eay litig6iuon, widi regatd to tha mattor or msuers requiring s�ch praof i�f loxs or damage.
ln addition, Wc iasured claieuant may reasonsbEy be r�qa+nsd to subntit ta examinatian under c�ath by any au�horized ctipreset�tative af ths Cou�any and ahall
producc for examinarion, inapection and copyiug, at suah reaswnable times and places na may be dexign+�ted by any aWhocized represeqta4iva of the Compsny, eq rccords,
boo�s, ledgecs, checks, eorreapondence and mecnoranda, whe[her bearing a ci}te befure or after Date of Folicy, whieh reaeonably peitain co Che loas or damage. Furthcr,
if royueatecl by nny arrthDrized r�preseataGvc �f the Company, ihe insured clai�nant shall grant iGti permission, in wriCing, for any authoriz�d tapresentative of the Cum�any
W examine, iaspect snd cuNy ail recards, ba�ks, kdgars, ehocka, curnspondence and memocanda in thz custody �r cantrol of a thii+J party, which ceaeonably pesrtain to
the toss or dau�age. All iafvrmetion desi$aat�d sa confrdential by the inxurad; Claimant providtd eo tlie Campeny pursuant W this Se,t:tiun shatl not be disclased to oth�rs
w�tese, +n tUe teasonable judgmcnt of ihe Conrpany, it is aecessary in the administradwi uf die claim. Fuilure of 1he ensured claiment tcs submit for exaerina[ivn unde� oath,
pROQucr Wher maeoqably rcqucated istfc+rmnsFOn or grent pennissiun to secut�s reasonably necessary inFormation £runa third partias es raquired in Sua paragraQh shaU
tenni�te ntkY liahiii4�' af tha GoFt�pauy under this policy aa t� that claa�n.
6. QPTI�N51'O PXY (}R �THERWI},�'L�' Sk,�7'TI�E C:L�i1VlSe 'fERiVIINA'�'tUtV' f1F LIABII.I1'1`, '
!n easa of a claim under this pulicy,:th� C4�mpany shall h4v�s iht fullowing n�ictiti��nal uNtions:
(a) To Pa7 or Te�ler Puyw�. of tLe Aukwuet uf �,sur�tuc�.
Tu pay ur t�nder pnymtnt uf dtia amuunt uf insuranc:r. uiicinr tliis poticy u>gctl�zr with any custs, uttt�rncys' f�s end axpens�s incurrn�i by the insurod claimant, which
wece �utl�oriz�d by Wc Gott�puwiy, up tu t11� titn� uf pnym�nt or twtder af paymCnt and wliu:h tha c�n�tNauy is nbligntad tp pay.
►Jppq tttie ouorc'� by Iha Con�pany of thiec �pUan, uil liabiliry ancl obli�ationr «� the insui�:J utider thia p�liey, othzr thsn ta ts�kc the payment :myuired, ahatl
l�rminata, i=u:luding any liability or obli�ati�n tu clsfend. prosecut�. i,r cuntinu� any litigatiun, +tnd lYic ��olicy shall be surcendered ta the Comeany fur esncellatian.
Cb) To Pay or (5t6erwise �eetle Witlr Ys►rties E?tber tha� the lusar�d �r VVith U►e lusured C}auuswt.
(i) tu paY or oth�rwiez xetile widi uttiar parties for or ii� 1h� �wm� uf an in�;ured ctaima�it any clacm insured against uuder this pnkicy, wgether with any costs.
attvrtuys' fecs and expsnses incurred by Eh� ins��red clnimnnt which wara nuths�riaccl by tha Company up W Fhe tiniw of payn�n� and which �he Compeny is obGgated to
pay; or
(ii) tu pay nr uCtterwia: s�atUe witl� �he insured clain�ant thC loss or damage provided for u�xier chis policy, wgother with any, co�ts, atturtwya' fees and expenses
i�curnd py Ihe ipeut�ed �taima»t whicti ware a��thorizcd by the Company up t� the timu of payinent iind which Uin Cony>sny is obligat�eJ W pay.
Upun the exercis� by tlae Gurvpany �€ aithar uf the options pruvided for in paragraphs (b)(i) ��r (ii). ehe Company's obGgationa w thes insured under thie pulioy for tha
ciaimul toas or dartWpa, other thaa [t►e paymanta rcyuired tu Uc roade, sAall Genninata, inckudipg uny liability or obligation to defend,; prosacuta ur eontinug any litigacion.
7, DETERMINAT1b�1. EXTENT OF LIABILITY AND C:OINSURANCE.
This policy ia a contract uf iqdcnt�iry a�tain+t actual mUnctary loss or da�i3ag� sustained ur incurced by thC insured elaimant who hae suffered loss ur dains�e 6y reason
u�' n�eltera insuttsd ag6inst by lhis pulicy anJ unly u� the cxlent hcrein deacriboil.
(a) Tha lia6ility uf the �u�npany w��ler this policy shall �i�t cxa�ad Uiz lensi of:
(i) the A�utn Of Eusurance stated in Schadule A; �r,
(ii) fhe di�ren4�s between the vulut 4f tha ins�u+�d estato ur intetest: Rs i��ured and tha vuluc: uf Aae inaured estute ur intere:�C subj�et 4u the defr.etx �iec� or encum-
bcanca uu�umd agaipet by this pulicy.
(b) !n the aveaE the PUUOUnt uf 1na�rAtu:e sCatacl in Si?lr�dt�le g at th� I�at� �f Poticy is It�x ulian RO pcceent of the valud of the insun:d estato or inczrest or the fuI!
consideratio�t paid for Ihe ►and, wh+cheti•er is letss, c�r if subseq�r�n� to th� Dqia uF Poli�:y an i�nprt�?va���nt is erscted an tht laqd which incc�ases the value of the insuced
eatele ur int�t�st by ai teast 20 perc�nt c�v�r lht Aniowu �f [nsurance stttred in Scl��dule A. thtn this Pokicp is subjzct t�i the t'ollo�ving.
(i) where no suUsdquent improvauc�nt ttas bzeti� ma�i�. as �L� any partial luss, thc Compniry shall only pny thc losh Pru �ata :in che pT�poRion thnt thc u�nouut c�f
�n�µeatu;z at Date of Policy bzars to tha total value of the insurctt G�nte or �nt�rest ut DAU of Policy; ur
• (ii) wbare a subsequent imE+ruveinant has bran madt, as to any parti�l laxs, the C�mpa+ty xhall unly pay ihe losa pro rate ui eh� pruportiun tltiat t2� pen:ent of the
Anuaapt vf Lwuteiwa �awd 'u� Schcdula A b�acs to tbe aum wfi the Anuwm af i�suranco staied in Schedul4 A and the aulount �xpendeci i'or thc itt�provement,
'Ihz Qrcrvisione uf tkub paragrapd shaN not apply w costs, atwrnaya' fe�; and czp�nscs fur which the Cotnpany is liabk under diis policy, and ahakl o�,ly apply [o Wai
}�ottiun �f tny loss whicH oxoeeds> in the agXPagate, 1Q percent oE the Amount �.jf, Insurance etatui iri Schedula A.
(e) Tttt Goa�pany will pay unty d�oRn c���ts, atwrnoys' ft,rs and axpensae inciirred in accc�rdarn�z w�� Srction 4 uf thexe C«uditiuns and Stipulndons.
8. APPf?RTION1►fE�1T.
If ihe land das�ribad in Schedule A consis�s uf twu o� nx*ce parcels whi�h are ncu used as a singl�: site, and a luxs is esiabli�lred affe�ting utt� or mor� of ihe parcels
but not al1, tha loss shell be cui�uted aixi s�uled on a pn� rxtA basis as if the amouitc uf insurance undur this pulicy was dividcd pro rata ae to tha vaiue o� I?ate of PuGcy
of aach sapaCate parcel k� �kfs wha{e, exclusivz of uny i�n�r�v�%tit.:iuy maJa sub�aquenl to Data uf Policy, unlcss a Iiability or value hns otherwise baen agteCd upoA 8s u�
P,IIGb jTBkCdI by ii1C G4lil�ldRy� 80d (JIC 111�1MGd 9E �CIIC UAIG Of �Ilti It8U8fiCC Of I}11R pOJtCy and ahown by an express siate�j�ent or ny an,zndursemeqi susehcd to� �his.pol+cy.
' %�atiuued uud coe�Iati�! on l�st Pa�e of tl�is [��Y)
(�ib.'£A LS�vecr'a Policy)
9. LI�tITA'CION OF L1AII(LITI'. M
(a) H'the Compnn}' estal li.�hes the tiAe, or removes the alleged defect, lien ur en�umbrance. �ir cures the lack i�f a riglyt o( acce.c. to i�r fiom tht land, c�r cures the
claim of unntarketabiliry o( tide, all as insured. in a reasunably dilinent m:tnner by any medtod. inciudi�g liti��tic�n and the completie.in nf anv nppenls therefmm, it shall
have fully perfonned its ohligations with resp�ct to that m�t[�r and shnll nut hz liable for nny Inss or damagc caused therehy.
(h) l�i the event of any litigation, includin� Grigacion by che CompanY or with the Compnny's consent, the Cnnapanp shall hnve no iiahility for loss or dmm�ge until
there has heen a final detertnination by a court of comrettnt jurisdiction, and dispocition of �Il appeals tl�erefrom, ndv��•se to the title as insured.
(c) The Company shall not be li�ble for loss or d�mnge to nny insured for liabiliry volimtariiy assinne.d by thz insured in settfing nny cinim o� suit wittfout the prior
written consent uf the Crnnpany.
t0. REDUCTIUN OF INSURANCI;; RT',DUCTIOiV OR TERMIN�'P10N 4F LIAB[I.I7'Y.
All E�ayments under this policy, e?;cept nayments made for costs, nttorneys' fees 1nd expenses, sh:�ll reduce the amount of [he insurance pro tanto.
Ei. I,IAQILITY �ONt;tJA�FULATiVE;.
It is �xpressly understood that the :jmount of insiiranee under this policy shnll be reduced hy nny nmount ihe Compnny mny pay under uny policy insuring a, maR�nge
to which exception is tAken in Schedule B or t� which the in�ured I-,as a�reed, nssutuzd, ur taken subject, or which is' hereafter executed hy nn insured and which is a
chargz or lien on the ustnto or int�re�t des�;rihed or referred to in Schedulc A, nn�l the amnunt so paid shall bz deenied a payment under this policy to the insured owner.
12. PAYMEi�'T O� LOSS.
(a) N� payment shall be mnil� without producing this policy for �ndorsemcnt:uf fl�e F�aym�nl unlcss the policy hns heen lnst or destr�Yeti, in which citse pmof �i� loss
oc dts[ntction shall be furnishcJ ln Ihc sxtisFacti�,n of thc C��ntpnny.
Qi) When linbility and the es:tent n!� losv nr d�mage hn� ha�n ciafinitaly tixed ip nccurd�nca wilh °hese CO11C�Ili(111$ iI11lI SIl�lllkli10114. �hC IO,\'s m� damage shall be pnypble
within 30 davs thcreafter.
13. SUBROGA'CtQ� UPON ]'�Yl4EiV'I' OR SETTI.,EMF,N7'.
(a) 'Che Company's Right of Subrugntiou.
When�ver the Compflny �13n11 hav� settled �nd paid n claim umkr this pulicy., all cight of subn?�ation shall vesi ui the Comrany unaffzeted by any aet of the insun:d
cl�imant.
The Company shall he su6roga�ed to a�d be entitled to nll rights nnd demedies whieh the insurad clnimnnt woutct huve had against nny person or property in
respec( to the claiim had dtis policy not heen issuecl. lf reyuested by ih� Compnny, the insured claimt�nt s1�a11 n•ansfer to the Company all rights and remedies against nnY
person or property necessary in ��rclzr I�i parfact thi� riglu Of $Uf)fJdFIlI011. T}Il' II1CLIfCCI claimvu shall }�erroil the Company to sue. cumpromise ar setde in the name of the
insured claimant nnd to use Qie n}une ofthe insured claimnr,t in any �rrin::nction or litigation involving these rights i�r remedies.
If n payment �in nccount oF a citiim d�xs not hiily �nver the loss ot the iiisured clnimflnL the Company shnll be subrog�ted to tliese rights and remedies in the
propoRion which the C�in2p�ny's payment benrs to the whote amouN of the luss.
If loss sh�uld rowlt from any flct c�f the insured clnimant, ns stfltad nhove. thnl nct shttll nM void dii� policy, but Iha Company. in thnt event, shall he required to pay
anly that part uf any losses insuroci ngninst by [hi� �olicy which shnll axceed the aiuounl. ii� any, lost io the Compnny hy reason of the impairnlent hy the insured ellimant
of the Cnmpany's right of subrogation. '
(b) The Compauy'c Fiiglits Ag:unst Non-insurecl Ob}i�,or.5.
The Comnnny's ri�ht of .ubrogation :�gain�i non-insr!red obligors shnit cxist and shall include, withnut lintita[ion, the fights of the insured to indemnities, guarantics.
other policies of insurance or bonds, n��twithstnnding any lznns c�r conditious eudtained in those instruuients which prnvide for subrogatian rightc by reason of this palicy.
14. ARBITRAI'lON
Unlzss prohibited hy applicable law, eidiar the Cunipany or the insurad rnny dzmand �rhitrati��iz �ursuant to the Title 6isuru��ce ArhitrAtiun Ruies of the American
Ar6itraiion Association. Arhitrahle mart�rs may include, hut are n�x limited tu. any cunuoversy ur es.iim between rhe Cumpnny nnd thz iusured lrising out uf or relating
ui this �olicy. an}' service of the Companq in conntcdun with its issuai�ca or Iha lire�ch of a policy provision or other ohligfltion. All arhitrahtz mntters when the Amount
of Insumnce is �31,000.000 or lass shall he arl�itratecl at �h� optic�n ri( r,ither d�e Cumpany or �he insurecl. All �rhitrohla mntterc whan the Apioun[ of fnsurnnce is in excess
uf �(,000,000 shall Lie arbitrated only �vhen aRreed [0 6y both ehc. Cun�pmiy nnd the insured. Arbitralion pursunnt to ihis pulicy and uader tl�e Rules in effact on the datt
the demnnd for nrbitrntion is mude or, ftt the option uf the insurcd, dte Rules in cffcct nt Dnte of f'olicy shall he I�inding upon the pntiies. The award may inciude
atti�rneys' Fees nnty if the laws of tht stnte in which the land is loc�t�d perniit n court to aword nttorneys' fees to n rrevniling party. Judgmene upon the award rendered
tiy the Arbitrator(s) mny be entered in any court having.jurisdiction thereof.
The Inw of ihe situs of the land shall Apply to nn arbitration under the Tide Insurance Arbitration Rtdes.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMI9'GD TO THIS PULICY; POLICY ENTIRE CON'I'RACT.
(a) This policy together with nll endorsements, if nny, attuched hereto by 4he Con�any is ihe endre policy and eontract betv.^ee�s the insured and the Compnny. In
interpreting any pmvision of this policy, this policy shnll be construed as a whole. '
(b) Any claim of loss or damnge, whether or not bnsed on negli; erwc, nnd which nrises out of the y(nttrs of [he title to the estate or interest covered bereby or by any
action asserting such clttim, shall be resh-icted to this policy.
(c) No amendment of or endursement [o this policy can be nu'fde exc�p[;by a writing endorsed hereon or nttnched hereto signed 6y either tfie Preaident, n Vice
R•esident, the Sec��etary, an Assistnnt Secretary, or vAlidating oYl�cer nr authorized si�natnry uf the Conxpany.
16. SEVF,RAAIL(TY.
ln the event any pruvision uf the ��i�licy i� held im�nlid or unenforcet�ble under nUplicahle taw, th�a policy shall be deemed not to inelude that provision und all otfier
prnvisions shall remein in fi�ll force and effect.
L7. VOTiCES. WHERF. SENT.
All notices required to be �iven the Company and any statement in writing roquired to be furnished the Comp�ny sha11 include the number ��f this poticy and shnll
he �ddressed to the Contpany at P.O Box 2M_9, Houston. Teans 77252 �029
S'T�WART TITLE
GUARANTY COMPA�^JY
, j
a
�, V 1111 � !i]!L a
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on April 26, 2010, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for an amendment to an Approved Development Plan, pursuant to Section 12-
61-11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for
revisions to the required landscape plan and geologic hazard mitigation plan for the
redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments;
and a request for the review of a va�iance, from Section 14-5-1, Minimum Standards,
Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to .allow for a crossover drive
aisle width of less than thirty-feet (30') within the required parking structure, located at
1280 North Frontage Road/Lots 1-5, Block C, Lions Ridge Subdivision Filing 1,and
setting forth details in regard thereto. (PEC100018/PEC100019)
Applicant: Vail Timber Ridge L.L.C.
Planner: George Ruther
A request for a recommendation to the Vail Town Council for a major amendment to a
Special Development District, pursuant to Section 12-9A-10, Amendment Procedures,
Vail Town Code, to amend Special Development District No. 37, Tivoli Lodge, to add
one accommodation unit and remove meeting space, located at 386 Hanson Ranch
Road/ Lot E, Block 2, Vail Village 5�' Filing, and setting forth details in regard thereto.
(PEC100013)
Applicant: Robert Lazier
Planner: Rachel Friede
A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend
Section 12-14-20, Commercial Core Construction, Vail Town Code, to extend the
Construction Mitigation Signage Program, and setting forth details in regard thereto.
(PEC 100015)
Applicant: Town of Vail
Planner: Rachel Friede
A request for the review of a conditional use permit, pursuant to Section 12-6D-3,
Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765
Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard
thereto. (PEC100016)
Applicant: Nancy Adams
G��s%Planner: Bill Gibson
A request for the review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail
Town Code, to allow for the re-subdivision of Lot 4 into two lots, located at 1401 Lion's
Ridge Loop/Lot 4, Lion's Ridge Filing 2, and setting fo�th details in regard thereto.
(PEC100017)
Applicant: AI and Suzan �Iliams, represented by Victor Mark Donaldson Architects
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published April 9, 2010, in the Vail Daily.
Page 1 of 1
Bill Gibson - Bed and Breakfast Conditional Use Permit Application Revised per
Meeting
From: <NSAVAIL@aol.com>
To: <bgibson cLDva'rlgov.com>
Date: 4/19/2010 10:54 AM
Subject: Bed and Breakfast Conditional Use Permit Application Revised per Meeting
Attachments: Revised Cond Use Permit Application.PDF
Dear BiIL•
I met with Martin Haebe�le this morning at the site to discuss any Building Code issues with the proposed bed
and breakfast. He asked me to modify the Conditional Use Application to confirm that it will not exceed a
residential load of 10 people. Attached is the revised application.
Please call at your convenience so we can discuss next week's hearing.
Thank you,
Nancy Adam
765 Forest Road, Unit A
Vail, CO 81657
NSAVail�aol.com
970-476-5383
cell 970-390-4566
file://C:�Documents and Settings�Administrator\Local Settings\Temp�XPgrpwise\4BCC3... 04/22/2010
04/21/20 0 Bill ibson - 765 forest Road Bed and reakfast � � Pa e 1
From: Martin Haeberle
To: NSAVaiI@aol.com
CC: Bill Gibson; Mike McGee
Date: 4/21/2010 3:49 PM
Subject: 765 forest Road Bed and &eakfast
Nancy,
First of all I would like to thank you for taking the time to visit with me in regards to your conditional use permit application.
I am glad that we were able to find a simple solution to the acupancy use of your proposed Bed and Breal�ast.
As discussed there will not be a change of occupancy, as long as the oaupant load is 10 or less. Bill Gibson has informed
me he has already inwrporeted that into the condfions.
Also Mike McGee has also informed me that the alarm system is acceptable as welL
May I be the first to wish to you great success in your new business.
Thank you again , it was a pieasure working with you,
Martin
Martin A. Haeberle, C.B.O.
Chief Building Official
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
970.479.2142 (o)
970.479.2452 (�
970.376.3672 (c)
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-6D-3,
Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at
765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth
details in regard thereto. (PEC100016)
Applicant: Nancy Adam
Planner: Bill Gibson
1. SUMMARY
The applicant, Nancy Adam, is requesting a conditional use permit to allow for a new
bed and breakfast at 765 Forest Road. Based upon Staff s review of the criteria outlined
in Sections VII of this memorandum and the evidence and testimony presented, the Staff
recommends the Planning and Environmental Commission approves this request
subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Nancy Adam, is proposing a bed and breakfast use in the primary unit
(Unit A) of the finro-family residence located at 765 Forest Road. The applicant is
proposing to operate a three=bedroom bed and breakfast with a maximum occupancy of
10 guests. The applicant is proposing to operate the bed and breakfast in accordance
with the standards outlined in Section 12-14-18, Bed and Breakfast Operations, Vail
Town Code. The applicant describes the operation of the proposed bed and breakfast in
greater detail in her attached request.
Sarah Baker, on behalf of neighbors Cliff and Bonne Illig, 796 and 798 Forest Road,
submitted a letter dated April 21, 2010, outlining their concems about the proposed bed
and breakfast. The applicant responded to Ms. Baker's letter with additional details
about the proposed operation of the bed and breakfast in a letter dated April 21, 2010.
Please note that Ms. Baker's letter references protective covenants for the Vail Village
6�' Filing. Staff and the Town Attomey have clarified with Ms. Baker that the Town of
Vail does not regulate, interpret, enforce, or resolve disputes conceming private
covenants or other similar civil agreements. Any issues related to these covenants are
not germane to the Town's review this conditional use permit application:
A vicinity map (Attachment A}, the applicanYs request (Attachment B), a partial copy of
the 1999/2000 approved site plan for the subject property (Attachment C), a letter from
Sarah Baker dated April 21, 2010, (Attachment D), and a letter from the applicant dated
April 21, 2010, (Attachment E) have been attached for reference.
III. BACKGROUND
The subject property was part of the original Town of Vail established in 1966. The
existing structure was constructed in 1967. The existing structure has been remodeled
several times. The most recent remodel occurred in 1999/2000.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT
Section 12-6D-1: Purpose: •
The fwo-family primary/secondary residential district is intended to provide sites for
single-family residential uses or fwo-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district The two-
family primary/secondary residenfial district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and fwo-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
CHAPTER 12-14: SUPPLEMENTAL REGULATIONS (in part)
Section 12-14-98: Bed and Breakfast Operations: (in part)
A. Defirnition: See section 12-2-2 of this title for definition of "bed and breakfast"
B. Location and Criteria: Bed and breakfast operafions may be allowed as a conditional
use in those zone districts as specified in this title. If permitted as a conditional use
pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the
following requirements:
1. Off street designated parking shall be required as follows: one space for the
owner/proprietor plus one space for the first bedroom rented plus one-half ('/�
space for each additional bedroom rented.
2. Enclosed trash facilities and regular garbage removal service shall be
provided.
3. Removal of landscaping for the provision of additional parking is strongly
discouraged.
4. Each bed and breakfast shall be allowed one residential "nameplate" sign as
defined and regulated by the town sign code'.
5. /f a bed and breakfast operation shall use property or facilities owned in
common or jointly wifh other property owners such as parking spaces or a
driveway in duplex subdivision, by way of example, and not limitation, the written
approval of the other properiy owner, owners, or applicable owners' association
shall be required fo be submitted with the application for a conditional use permit.
2
6. A bed and breakfast operation may short term rent separately up to three (3)
bedrooms or a maximum square footage of nine hundred (900) square feet of the
dwelling unit. Bed and breakfast operations shail only be permitted to
accommodate a"family" as defined in section 12-2-2 of this title.
CHAPTER 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitafions:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permifted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or specia/ characferistics, conditional uses require review so
that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in fhis
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may pr+escribe to insure that the location and operation of fhe
conditional uses wil! be in accordance with the developmenf objectives of the Town and
wil! not be detrimental to ofher uses or properties. Where conditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
A. Factors Enumerated: Before acting on a conditional use permit application, the
planning and environmental commission shall consider the following factors with respect
to the proposed use:
9. Relationship and impact of fhe use on development objectives of the town.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, tra�c flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
4. Effect upon the character of the �area in which the proposed use is to be
located, including the sca/e and bulk of the proposed use in relation to
surrounding uses.
5. Such other factors and criteria as the commission deems applicable to fhe
proposed use.
6. The environmental impact report conceming the proposed use, if an
environmental impact report is required by chapter 12 of this title.
V. SURROUNDING LAND USES AND ZONING
Current Land Uses Zoninq
North: Gore Creek Stream Tract Natural Area Preservation
South: Residential Two-Family Primary/Secondary
East: Residential Two-Family Primary/Secondary
West: Gore Creek Stream Tract Natural Area Preservation
VI. ZONING ANALYSIS
Address: 765 Forest Road
Legal Description: Lot 8, Block 2, Vail Village Filing 6
Zoning: Two-Family Primary/Secondary District
3
VII.
Land Use Pfan Designation: Low Density Residential
Current Land Use: TwaFamily Residence
Geological Hazards: Gore Creek 100-Year Flood Plain
Site Standards
Bedrooms Rented
GRFA Rented:
Parking (min):
Allowed/Required
3 bedrooms (max)
900 sq.ft. (max)
3 spaces
Proqosed
3 bedrooms
705 sq.ft.
3 spaces (existing)
The applicant is not proposing any construction with this conditional use permit
application. There will be no changes to the Lot Area/Site Dime�sion, Setbacks, Height,
Density Control, Site Coverage, Landscaping and Site Development standards.
CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Bed and breakfast uses are allowed in the Two-Family Primary/Secondary District
subject to the issuance of a conditional use permit. There are no additions or
renovations to the existing finro-family residence associated with this conditional use
permit request. The applicant is proposing to operate the bed and breakfast in
accordance with the requirements for Section 12-14-18, Bed and Breakfast Operations,
Vail Town Code. Therefore, Staff believes this proposal is consistent with the
development objectives of the Town.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The applicant is proposing to operate the bed
and breakfast in accordance with the requirements for Section 12-14-18, Bed and
Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed
bed and breakfast will negatively affect light or air, distribution of population,
transportation, facilities, utilities, schools, parks and recreation facilities, or other public
facility needs in comparison to existing conditions.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The Town's bed and breakfast standards
require one parking space for the owner/proprietor, one space for the first bedroom
rented, and one-half (%2) a space for the two additional bedrooms rented, for a total of
three required parking spaces. There are 5 existing approved parking spaces on the
subject property. Two spaces within the existing garage and three within the existing _
4
VIII.
horseshoe driveway based upon the 1999/2000 remodel approved site plan. In practice,
iwo additional vehicles might be accommodated in the driveway at the front of the
garage. However, while not located within the actual street, much of this area is located
with the Town's street right-of-way property. Therefore, the driveway area in front of the
garage could not be counted toward the "required parking" calculation for the199912000
remodel or this bed and breakfast conditional use permit application.
The applicant is proposing to operate the bed and breakfast in accordance with the
requirements for Section 12-14-18, Bed and Breakfast Operations, Vail Town Code.
Therefore, Staff does not believe the proposed bed and breakfast will negatively affect
traffic with particular reference to congestion, automotive and pedestrian safety and
convenience, traffic flow and control, access, maneuverability, or removal of snow from
the street and parking areas in comparison to existing conditions.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The applicant is proposing to operate the bed
and breakfast in accordance with the requirements for Section 12-14-18, Bed and
Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed
bed and breakfast will negatively affect the character of the area in which the proposed
use is to be located, including the scale and bulk of the proposed use in relation to
surrounding uses, in comparison to existing conditions.
STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approves this request for the review of a conditional use permit, pursuant
to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast,
located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth
details in regard thereto. Staff s recommendation is based upon the review of the criteria
described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission pass the following motion:
`The Planning and Environmental Canmission approves this request for a
conditional use permit, pursuant to Section 92-6D-3, Conditional Uses, Vail Town
Code, to allow for a Bed and Breakfast, locafed at 765 Fonest Road, Unit A/Lot 8,
Block 2, Vail Village Filing 6, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section
memorandum to the Planning and Environmental Commissio
2090, and the evidence and tesfimony presented, the
Environmenta! Commission finds:
5
Vll of this Staff
n dafed April 26,
Planning and
9. The proposed conditional use permit amendment is in accordance with the
purposes of the Zoning Regulations and the TwaFamily Primary/Secondary
District
2. The prvposed conditional use permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
welfare or materially injurious to prope►ties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Archived 1999 Approved Site Plan
D. Sarah Baker letter dated 4/21/10
E. Applicant tetter dated 4/21/10
C�
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Attachment D
Apri121, 2010
Bv Email to bgibson(a�vailgov. com
Planning and Environmental Commission
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
RE: Application No. PEC100016
Application byNancyAdam for Conditional Use PermitApplication for
Bed and Breakfast
Dear Commissioners:
This letter is submitted on behalf of my clients, Cliff and Bonne Illig, the owners of 796
and 798 Forest Road. Cliff and Bonne live across Forest Road from Nancy Adam's residence.
In the application before you, Ms. Adam seeks your approval of a conditional use permit to
operate a bed and breakfast business accommodating guests in up to three (3) bedrooms in her
home at 765 Forest Road. Because the impacts of the proposed use will be incompatible and
inharmonious with the neighborhood and with the purposes of the Town's zoning regulations in
a manner that is incapable of mitigarion, on behalf of the Illigs, I request that you deny Ms.
Adam's application.
THE APPLICATION
Ms. Adam is the owner of a siY (6) bedroom, seven and a half (7.5) bath single-family
residence backing to Gore Creek just uphill of where Forest Road and the South Frontage Road
intersect. Ms. Adam occupies the main portion of the home, and she rents a one (1) bedroom,
one (1) bathroom unit to a local couple. It appeaxs that three people currendy occupy the home
as their full-time residence, and would continue to do so if the applicarion is approved.
In addition to the existing use, Ms. Adam seeks your approval to operate a three (3)
bedroom bed and breakfast, "Nancy's Nest" in the home. No details of the operating
characteristics of the proposed business are provided in the application.
VAIL TOWN CODE CRITERIA
Ms. Adam's home is in the Two-Family Primary/Secondary Residential (PS) District. In
accordance with � 12-6D-3 of the Town Code of the Town of Vail (" V7'C'), bed and breakfast
uses are permitted within the PS district, subject to issuance of a condirional use permit.
Sarah J. Baker P.C.
P.O. 13ox 425, 1914 Beard Creek'1'rail, 1+'.dwards, Colorado 81632 t: (970) 306-�2�2 f: (866) 597-4823
Planning and Environmental Commission
Apri121, 2010
Page 2
VTC � 12-16-1 recognizes that, because of their unusual or special characteristics,
conditional uses must be located appropriately throughout the Vail community in order to
ensure that the proposed use is comparible and harmonious with the Vail community, with
surrounding properties, and with the purposes of the Town's zoning regularions. VTC � 12-16-
2 sets forth the required contents of an application for a conditional use permit, and VTC � 12-
14-18 establishes further criteria relating to off street designated parking, trash facilities, signage,
and maxitnum square footage requirements.
Even if Ms. Adam's application sarisfies the minimum requirements of the V I'C � 12-14-
18, the Planning and Environmental Commission is not compelled to issue an approval of the
conditional use permit application. VTC � 12-14-18(B) provides that "Bed and breakfast
operations maybe allowed as a conditional use in those zone districts..." (emphasis added).
This Commission must ultimately decide if this business is appropriately located, and if
the use is compatible and harmonious with the neighborhood and the Town's character.
Because Ms. Adam's application seeks approval for a business use which, if approved, will have
a detrimental effect on surrounding properties and will be inconsistent with the neighborhood
and adjacent uses, I encourage you to deny the applicarion.
THE APPLICATION DOES NOT SATISFY
THE CRITERIA OF THE VAIL TOWN CODE
Ms. Adam's application seeking your approval to operate a bed and breakfast business in
her home on Forest Road fails to satisfy the requirements of the VTC for two reasons. In
pertinent part, VTC � 12-16-2 ("Application; Contents") provides as follows with respect to the
required contents of an application for a conditional use permit:
Application for a conditional use permit shall be made upon a form provided by
the adininistrator. The application shall be supported by documents, maps,
plans, and otheY material contauiing the following information:
C. A descxiption of the precise nature of the proposed use and its operating
chaxacteristics, and measures proposed to make the use compatible with other
properties in the vicinity.
(emphasis added).
First, as stated above, any application for a conditional use permit must contain "a
description of the precise nature of the proposed use and its operating characteristics". Ms.
Adam's application, which consists of the Town's form Conditional Use Pexmit application and
is accompanied by correspondence dated March 25, 2010 and March 26, 2010 makes absolutely
no mention of the operating characteristics of the proposed business. For example:
Planning and Environmental Commission
Apri121, 2010
Page 3
➢ Will the business be opeYated to cater special functions, i.e., wedding receprions,
graduations, and other parties?
➢ Will pets be allowed?
➢ Will smoking be permitted in the house? If guests will be required to smoke outside, will
there be a designated smoking area, and where will that be in relarion to the view of the
neighbors and public rights of way?
➢ What restrictions on guest vehicles will the business have? Will each guest room be
limited to one vehicle? Will guests be allowed to bring trailers or other recreational
vehicles? Will there be a shuttle service to and from Eagle County airport?
➢ Will Ms. Adam be staffing the business to assist with cooking, cleaning, and other chores
to accommodate the 24 hour needs of the guests, or will she be performing these
acrivities herself.�
➢ Will the business be operated seasonally or year-round? Will Ms. Adam be in residence
at all times when the business is operated? How will the business be operated when Ms.
Adam is unable—whether as a planned or unplanned absence—to be in residence?
Each of these specific operating characteristics creates a different impact on surrounding
properties. From the information available in the applicarion, it is not possible to evaluate the
impact of the proposed use because the business opeYations are not described. For this reason
alone, the application fails to meet the required contents criteria of the VTC and may not be
approved at this time.
Second, the VTC provisions require that Ms. Adam also describe measures proposed to
make the use compatible with other properries in the vicinity. See VTC � 12-16-2. Ms. Adam's
March 25, 2010 correspondence makes no mention of the impacts her proposed use will have
on surrounding properties. She writes only: "The use is consistent �vith the short term rental of
many of the properties on Forest Road, including the tuneshare/interval ownership of the
adjacent property at 745 Forest Road. The large, two driveway entrance driveway will provide
off-street parking for the needs of guests." This statement turns a blind eye to the impacts of
the proposed use on her neighbors.
While V'TC � 12-14-18(B)(1) appears to require only a total of three (3) off street parking
spaces for the proposed use,' 1�1s. Adam's parking plan lies at the heart of why the proposed use
is inconsistent with the neighborhood and will have a detrimental impact on surrounding
1 Note that this requirement is actually less parking than what is required by VTC � 12-10-10(B) for
single-family dwellings with a gross residential floor area of 4,000 to 5,500 square feet. Under the
current zoning regulations, the property is required to have at least four (4) parking spaces.
Planning and Environmental Commission
April 21, 2010
Page 4
properties and on the character of the neighborhood. Ms. Adam states in her March 25, 2010
correspondence that "The home has a two (2) car attached garage. The driveway provides off-
street parking for 5 additional vehicles."2 It is not clear from the application how these five
spaces have been calculated.
In maintaining the compatibility with neighboring properties, the particular
characterisrics of a site are important. It is not enough to just have the required number of
spaces; it is important to understand how these spaces relate to the neighbors and to those
within the public way. All of Ms. Adam's parking is located just feet off Forest Road, and has
no view mitigation whatsoever. These photographs were recently taken from my client's
driveway:
Photo 1:
Photo 3:
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2 In particular, Ms. Adam's application is not clear whether two (2) of the five (5) outdoor spaces are
actually behind the garage spaces. As evidenced by the photographs, the parking is currendy used in this
manner.
Planning and Environmental Commission
Apri121, 2010
Page 5
➢ As you can see, the outdoor off-street parking where Ms. Adam proposes to park up to
five (5) vehicles is separated from Forest Road only by a small island covering only about
one-half the length of the drive with a few boulders and no apparent landscaping. Under
the Town's e�sting Development Standards, all landscaping
shrubs/perennials/annuals/etc. must be located a ininiinum of iive feet from the edge of
the public road, and all permanent obstructions must be located a minimum of ten feet
from the edge of the public road. See VTC � 14-3-2, Table 3. Given both the site
constraints as well as the e�sting incompatibility with Town Development Standards, it
is not pracrical to add landscaping or walls to mitigate the visual impact of parking so
close to the public road.
➢ Even with a small vehicle, the parking axea in front of the two garage doors is barely
sufiicient in length to enable the car to clear the Forest Road right of way. In accordance
with VTC � 14-3-2(F) ("Location") parking spaces "must be entirely within lot lines and
shall not encroach into any public right of way. No parked vehicle shall overhang any
public right of way." Furthermore, the Town's current Development Standards require
five feet horizontal clearance between any parking space and the edge of a public street.
See VTC 14-3-1 Table 2("Miniinum Standards, Residential Access and Parking
Standards"). Clearly even small vehicles overhang into the public right of way, such that
the areas behind the garages are not legal parking spaces.
➢ The width of the thru drive will not enable a car parked in the middle of other vehicles
to get out without moving the other vehicles. When Nancy's Nest has a full house,
guests will have to move their vehicles to accommodate the comings and goings of Ms.
Adam, her two tenants, and the othex guests of the business. This will not only make
for a bad business, it will generate addirional vehicle movements that will impact adjacent
pxoperties. It is unrealistic to think that this parking challenge will not frequendy lead to
vehicles parked on Forest Road, unpeding traffic. VTC � 14-3-2(A) ("Vehicle
Maneuverability") requires that parking spaces be independendy accessible ("i.e., required
parking for 1 unit cannot block access for parking for another unit on site"). In
accordance with this defuurion, it appears that Ms. Adam's only legal parking spaces are
the two in the garage and three (two caxs nose-in on the downhill side of the drive, to the
uphill of the garage, and one at the entrance on the uphill curb cut) in the drive.
One of the criteria of approval of a conditional use permit is that the application be
consistent with the purposes of Vail's zoning regulations.3 The relevant specific stated purposes
of the zoning regulations are:
➢ "To promote adequate and appropriately located off street parking..." See VTC
� 12-1-1(B)(4).
➢ "To conserve and maintain established community qualities and economic
values." See VTC � 12-1-1(B)(5)
3 See VTC � 12-16-1.
Planning and Environmental Commission
Apri121, 2010
Page 6
➢ "To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives." See VTC � 12-1-1(B)(6)
Toward these and other ends, the Town has enacted the regularions set forth in Tide 12 of the
VTC. Tide 12, Chapter 10 of the Town's zoning regulations prescribes that:
[O]ff street parking ... areas are to be designed, maintained and operated in a
manner that will ensure their usefulness, protect the public safety, and where
appropriate, insulate surrounding land uses from their im�acts. In certain
districts, all or a portion of the parking spaces prescribed by this chapter are
required to be within the main building in order to avoid or to minimize the
adverse visual impact of large concentrations or [sic.] exposed parking. .."
See VTC � 12-10-1 (emphasis added).
The parking proposed by Ms. Adam will dramatically increase the adverse visual unpact
of exposed parking on this established neighborhood. From the public right of way and to all
adjacent property owners who look onto Ms. Adam's propeYty, Nancy's Nest will be a parking
lot alongside Forest Road. As the photos demonstrate, Ms. Adam's e�sting parking is not
consistent with the other driveways along Forest Road. Other private drives have a more
narrow entrance into the individual lot, and parking is located more distant from the road and
visually screened by grading or landscaping from full view from the public right of way. In
contrast, Ms. Adam's parking runs the length of her driveway and has little or no shielding from
public view. Every vehicle that parks at Nancy's Nest will be clearly seen by all neighbors and
anyone entering Forest Road from the west entrance. The level of outdoor parking resulting
from Ms. Adam's proposed business use will adversely impact this neighborhood.
Other than stating that her garage and drive are capable of holding a total of seven (7)
cars and can therefore sarisfy "the needs of the guests", Ms. Adam's applicauon omits any
mention of adverse parking impacts on surrounding properties, as though there will be no
impact. Five vehicles parked outside4 is incompatible and inharmonious with the adjacent
properties in this premier Vail neighborhood.
At a minimum, Ms. Adam's applicarion fails to meet the application requirements of
VTC � 12-16-2(C). More impoxtandy, however, the use for which Ms. Adam seeks approval will
necessarily create impacts discordant with the characteristics of the Forest Road neighborhood
and the purposes of Vail's zoning regulations. The physical characteristics of the lot do not
appear to offer any pracrical mitigarion opportunities to elinunate the visual impacts of high
density outdoor parking at 765 Forest Road. VTC � 12-16-1 requires: "Where conditions
4 With Ms. Adam and her two tenants occupying the property, when the three (3) bedrooms of the bed
and breakfast are occupied, there are likely to be six (6) vehicles parked at the property, not including the
vehicles of anyone Ms. Adam may hire to help her staff Nancy's Nest for cleaning, cooking, etc. That's a
lot of cars. If the operating characteristics of the business are such that it will also include hosting parties
and other events, it is even more cars.
Planning and Environmental Commission
Apri121, 2010
Page 7
cannot be devised to achieve these objectives, applications for conditional use permits shall be
denied."
THE PROPOSED USE VIOLATES THE
PROTECTIVE COVENANTS OF VAIL VILLAGE, SIXTH FILING
Notwithstanding the failure of the applicarion to sarisfy the requirements of the VTC,
and while not a matter even appropriately interpreted by this Board, Ms. Adam's proposed
business use of her home violates the land use provisions of the Protective Covenants of Vail
Village, Sixth Filing recorded June 5, 1964 in Book 183 at Page 1, a copy of which is attached.
As the ALTA Owner's Policy Number 0-9701-64239 with an effective date of October 6, 1998
submitted by Ms. Adam with her application idenrifies in Exception No. 9, these covenants
encumber her property. Secrion 2 of these covenants provides that "[t]he numbered Lots shall
be used only for private residences, each to contain not more than two separate apartxnents"
(emphasis added).
Ms. Adam seeks a business use for her residence. If allowed, Ms. Adam's single-family
residence will accommodate her bedroom, a lock-off unit for her full time tenants, and three
separate guest rooms available for nighdy rentals. It is a business operated amidst some of Vail's
premier residences. Absent an amendment to the covenants, the proposed use is a clear
violation of the subdivision's protective covenants to which Ms. Adam is obliged to comply.
Should Ms. Adam seek to amend these covenants to permit the use, a clear amendment
procedure with which she may comply is provided.
In the event this Commission deems it appropriate to approve the application, I urge you
to approve the application subject to the following condition:
Applicant shall comply with the requirements of the Protective Covenants
of Vail Village, Sixth Filing, as the same may be applicable.
CONCLUSION
In conclusion, Ms. Adam's application to you for approval of a three (3) bedroom bed
and breakfast in the home she currendy shares with another couple is a use that is incomparible
with the character of the neighborhood. The purpose of Vail's zoning regulations is to promote
the coordinated and harmonious development of the Town in a manner that will conserve and
enhance its natuYal environment and its established character as a resort and residenrial
community of high quality. The parking impacts and the potenrial operating characterisric
impacts on the Forest Road neighborhood are severe. As demonstrated, the proposed use is not
harmonious with the neighborhood. The physical characteristics of the individual site are such
that it appears that the known impacts are incapable of mitigarion. Because the application fails
to meet the required criteria of the VTC, and because the proposed use is incomparible and
inharmonious with the Vail community, with the use and established character of the
neighborhood, and with the purposes of the Vail zoning regularions, on behalf of my clients, I
Planning and Environmental Commission
Apri121, 2010
Page 8
request that you deny the application. Should you approve the application in spite of these
unpacts, I request that your approval be subject to condition stated above regarding compliance
with the Vail Village, Sixth Filing covenants.
Yours very truly,
s.�x�x J. B�R Pc
�� � a�-
Sarah J. Baker, Esq.
SJB/sw
Enclosure
cc: Cliff and Bonne Illig
Ms. Nancy Adam
Monogram Real Estate
General Communications, Inc.
Jose and Patricia Mas
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G�S�l��1 @ Jt� raAM 183 �t
9G��Ip9 PROTECTIVS COVFI+DINT9
of
� valL v=raac3E, slxTtt pl7rxDtG
Eagle County, Co2orado
WF�REAS, Vail Aesxiatea, Ltd., a limited partnership, is the ,
owner of the following deecribed lnnds:
i (� j
J A part of the Nortt� ane-halt of the North ane-half ,
� �o! Section T, Townehip 5 3outh, Ranga 8d weat oi the 81xth
Princlpal Meridian, County of Eagle, 6tat� o! Colorado,,
�.• more particularly described as follows� commencing at
� the Soutihweat corner of eaid Noxth one-half of the North
one-halfr thence Eaaterly along the South line of said
North one-half of the North one-half a distance of
35I.98 feet to the true point of beginningr thence on
en angZe to the ltft of 87°45'35" a distance o!� 434.8�
feet; thence on aa anq1Q to the right of 71°42'37' a
din#nnce of b6.24 feets thence on an angle to the loft
of 90° and along as► extenaion of the Wast linr of Lot 30,
Vail Village, SeCOnd Filing s dirtance o! 34-0.72 feet
�to a point on the South right-of-way 13ne of U.S.
Highway No. 6, eaid point aloo being the Northweat
corner of Lot 30, Vail village, Second Filingt the�Ce
on an engle to the ziqht of A' and alony the South
right-of-way line of U.S. Iiighway No. 6 a dietance
of 50.00 faet� thence on an angle to the riqht o!
90° s dietance of 325.39 leet; thence osi an angle
to the 1Qft of 75'42'37' a diotance of 208.90 teett�thepc� .
on an anqle to the riqht ot 34° a diatance of 50.47 feet�
thence on an angle to the l�it ot 220' a dietance oi 1Z0.00
feetr thenee on an angle to the riqht ot 79°45'S4' a
diatance of b10.92 feetr thence on an anglr to tha right
of 30°13'06' a distance oP 266.80 feetl thencf on an angle
to tho right of 90' e diatanc� of 130.00 f�atr then�e on
an angle to the left o! 90° a diatanca ot 27U.00 ieet to
a point of cuzve� thence ot� a curve to ti�e lett having a
radius of Z7S.00 feet and � ceatral ar�gle of 27° an arc
distance oi 129.59 feet to s point o! tar�qent; thence on
en angle to the right of 90° a distanee of 50.00 feeti
thence on an angle to the Lelt 90° a distance o£ 200.00
feet to e point of curve, thence alonq a cu=ve to the
right having a radius of 125.00 leet and a central anqle
oi 29'23'45' an axe dfstance of 64.13 feetr thence on an
angle to the left o! 90° a dietaoce oi Z59.20 teet to the
weat corner ot Lot 5, Blxk 4, Vail Village - Third Filingt
thence on an angle•to the right of 110'43'26" and along
the 5outhwest line of aaid Lot 5 a distanco of Z12.75
feet tc a point on the Northwest line of Lot 5, Slock Z,
Vail Village - Third Filingt Chence on an sngle to the
right ot 90° aad alonq a curve to the leit Aavinq a radlua
o! 329.47 feet and n central nngle of 11'07'll" and along
6aid Northweat iine an arc distance o! b3.94 Peet to a
point o! curveT theace on a curve ta the right having a
radius of 123.13 feet and a�entrel angle of 34' and alang
said �iorthweet line an arc distance of 73.06 feet to a
gofnt of curvet thence on a curve to the l�ft .
`} ..
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i
having a radius of 82.72 feet and a cAntral angle of
36° and Alonq eaid Northrest property line an arc
diatance of 51.97 feett thence on an angle to the left
of 90° and alonq a cur�e to the left having a radiva
of 103.61 feet artd a central angle of 22° and along
the South property line of eaid Lot 5 an arc distance
of 39.79 feetr thence oa an angle to th� right of
90' and along the �est property line of Lot 6, Block
1, Vail Village - Thir3 Filinq, a diatance of 229.11
feet to a point an the South Line of the North one-
half of the DTorth one half of 8ection 7, Townsl�ip S
south, Range eo webt of the 8ixth Principal,lteridianr
thence on an angle to tbe right af 79°45'35' aad alonq
said South line a diatance o1 1942.73 fcet to the true
point of beginninq.
WHER.EAS, vail Associatec, Ltd., hereinafter sometimes referred
to as Uwner, deeires to place certain reatrictions on thc us� of the
Blocke and Lots shown on the Map of vail villaqe, Sixth Filing, for
the benefit of itself, and its reapective graatees, auccesaors and
aasigns, in order to eatablish and iaaintain th� charseter aad value of
real estate fn Vail Village.
NOti, THER8FOR8, !.n coneideration of t2�e. premiaes, Vail
Assxi.atea, Ltd., for itaelf and ita reapective qranteee. successor•
and assiqna, doea hereby imgoae, establish� publiah, acknaiwledge, de-
clare and agree with, to and for the beoetit of all ptrsons �.♦ho aisy
hereafter purchaae ar leaae and from time to time so own or ho1Q any of
ti►e Blocks and Lota in Vail Village, Sixih Filinq, 4nbject to the follov-
ing restrictions, covenanta, and conditlons, all af �rhich Ri►all be
deemed to ruxi with the land and to inure to the beneflt of and be
b inding upon the O�mer, its reepective grantees, succeseora and aasigns.
L. PLANNING J1I3D AACHITTsCTURl�. COIZT1tAL C05II�SITTS$.
1.1 CoI�6I1TEE. The Plans�ing and 1►rc2�itectural Control Cor�-
mittee, hereinafter referred to as T'he Comanittee, ahall consl.st of
five membera who ehall be deaiqnated by Or►ner, its successor or asaigns,
to rtview, stuAy, and epprov� or reject propoaed improvrmenta vithin the
area deecribed in the Map of vail Village, Sixth tiling, of xhich theae
reatrictive covanante are made a part.
1.2 RUT.EB. 1"he Comnittee �2�a11 make auch rulee and Dy-lar+s
nnd adopt such proceQuras as 1t may dsem appropriate to gwern its pro-
ceedi�ga. .
� 1.3 APPROVAL OF PIJtN. No bvildinq, out buildinq, tence,
� wall or other improvement shall be con6tructed, trectad or ianintaiaed
on any Block or Lot, nor shall any addition there to, or alteration
ther�in be made, until pians and apecifications ahowing the color, lo-
cation, materiala, landacaping, and auch other information relatinq to
auch impmvement as the Committee may reasonably require ahall ?iave
beea aubmitted to and approved by The Coimaittee in writinq.
1.4 CRITERZA. In parsing upoa such plans and apecificatione,
Th� Com:aittee ehall conaider: �
� 1.4.1 the suiubilfty of the improvement and roaterials
`{ . af rthich it is to be conotructed to the site upon whic h it ia to be lo-
catedt
-2-
.
� �
1.4.2 the nature,of adjaceat and neighboring improve-
ments; . •
1.4.3 the quality of the materials to be utilised in
any propooed iaaprovementT �nd,
1.4.4 the effect of any propocad improvement on the
mtlook of any adjaa�at or n�iqhhoring property.
Zt shall b�► an objective of The Comnittee to make cer-
tain that no improvement will be so similar or eo dissimilar to others
in the vicinity that val.uee, monetary or aesthetic, will be impairtd.
1.5 SFFSCT OF TfIB CO:SAlZT!'EE'S FJIILVRS TO ]1CT. Zn .tt1e event
T'he Cemmittee faila to approve or diaapprovQ plane and speciticatiaa�
submitted to ft witbin eixty days oi subrniaaion aad na suit to enjoin
the conetructivn bas been commenced prior to the completion thereof,
aQproval a2�a11 not be required and the related covenantr rhall be de-
ternined to have been fu12y complied with.
�. r.u�n uss.
The lands in Vail VilZage, Sixth Filinq, shall be used
tor ti�e follo�wiag purposea,
2.1 2�he awabered Lots ahali be us4d only for private
residences, each to contain not more thaq two'�eparats apartnents.
3. E7►SSMSNTS J1ND RIGBTS-OF-9PAY.
3.1 Eaaemeato artd riqhis-of-way for raods, lighting, heat-
inq, electricity, qaa, telepbone, +vater, seti+erage, brldal pati�s, and
pedestrian traffic, and any other kind af pub2ic or quaei public '
utility sernica are reserved as ahown on the i�iap oi Vail Village, Sixth
Filing. D10 fence, rrail, hedge, barrier or other laipravement ahall be
erected or maintais�ed alonq, on, across or wit}�in the area resfrved for
easeetieats and riqhta-of�►ray. '
4. SYGNS.� nio siqns, billboards, poster boards or advertiainq
atructura of any kind shall be erect�d or maintained ott any lot or
atructure for any purpoae whataoever, cxcept such siqn, as l�ave beea
approved by The Co�ittee as reasonably necesa�ry for the identitication
of residancoa and placea of buainese.
5. hU�T&R AHD SSWAGE. Each atructure deaigned for occupancy
for use by hunoan Deinqs shall connect with the rratez and re�veraqe
facilities of Vail iPater and Sanitation Diatrict. No private well shall
be uaed as a source of rrater for human consumption or irriqation in
Vail Village, 5ixth Filing, nor ahall any facflity otber t1►an thoae
provided by the Vail liTater and Sanitation District be used for the
disposal of acwaqe. MechanieaZ garbage diaposal facilities shall be
provided in eaci� kitchen or food preparing area.
6. TRASH AND G]1RB,AGE. No trash, ashes or other reftue neay
be thrcwn or dumpcd oa any land within Vail Villaqe, 6ixth lilinq. The
burnirg of refuse out of dpora shall not be permitted in Vail Villaqe,
Sixth Filinq. No incinerators or other device for ttie burning of refuse
indoora shall be co»etructed, installed or used by sny per6oa excapt a�
-3-
_.. � _.
rPPr�� by �Q Cor.rnittee_ Each praperty ow�r3er eT�all providc avitable
zeceptnclee ior the collection of re£uae. Such receptaclee sball.be
screened from publfc virw and protected from diaturbaace. �
7• LZVE3TOCK. No animalB, livestock, horsea or poultry
of any kfnd except dogA, cats nnd otber household peta ahall be kapt,
raiaed or bred in Vail Villaqe, Sixth Filing� except in areas desiqnated
for aucb purpoaes by The Committee. :
8. TRSES. No trees shall be cut, trinened or 'rerooved in
Vail Village, Sixth Filing, except with prior w�Citten approval of The
Ca�ittee and by persons designated by �'he Connoitt��.
9. S8T Hl�CK R�qUIREN�TS. T3►era ahall be no g�neral re-
quirQments for t2�e location of impravenents with relation to property
linee� but the locatioa of each improvene�at must be approved in advanca
bY �e Coamtitte�. In determininq ths proper location for each improve-
ment, 2'd4 Committes shall coneider the looation ot existing and futnre.
i�aprovements on adjacent propertp, the wiahea of adjacent property
owners, and such other monetary or aest2letic conaideratioaa as it nay
deen appropriate.
10. L�NDSCApIN[3 AND GxRDgpING. All aurface areaa diaturbed
by coastructioa shall De returned promptly to their natural condition
and replanted in native grassea, exCept �2fere auch areas are to be
improved by tha coaatruction of qardeae, lnwns, and axterior living
areas, �a2slch will be permitted only after Lhe plana therefoz t�ave been •
approved by R�e Committee.
11. 11-rtFJ► RSpUIR�^tEDiTS. Ao structure deaigned !or human use
or habitation ohall be conatructed nnlea• tt►e eclgregate tloor area, '
excluniva of open porchea, ba�ementa, carporta and qaraqes, ehall be
in exceas of 900 aqunre feet. The Conauittee ahall d�termine from tb e
deeiga of ti�e impronre�u@nt vhether an area whiah is partially belov
grade ahall qualify as areas to be included vithin t2�e mi�imum
permiasible �ucea.
12. TRADS N11N�S. No word, naene, eymbo2, or con�hination
thereaf shall be u�ed to identify for commercial purposea a i�ouse,
etructure, buaineae or eervice in vail Villaqe, Sixth Piling, uniess
tbe aatx shail have iirat betn approvel! in rritinq by The Committea.
13. TE[ippRARy STBUCTVRE&. No temporary stracture, �xcava-
tion, bzsemeat, treiler or t�nt sltiall be permittee in Vail Villag�,
Sixt2� Filinq, except as may ba necessary daring construclion aad
autt�orized by The Committee.
14. CODTTINUIT7[ OF OONSTRIIC?ION. X11 atructures eo�nced
ia Vail 9illage, Si�cth Pilinq, shall be proaecuted diliqently to comple-
tion as�d ahnll be campleted vrithin 12 rnontha ot commencemant, except
vith Written consent ot The Cottm�.tttee,
15. NUISANCE. No noxioue or offensive activity shall be
cnrried on nor rshall anythinq be done or perinitted which ahall constitute
a public nuisance in Vail Villaqe, Sixth Filing.
16, FENC&S. No fencea, walls or otber barriers ahall be
perctitted except with the w�itten conaent of The Committee.
1?• EP'FECT AI3D nQRJ►TION OP COi�EN�NTS. The conditiona,
reatrictions. stipulationa, agrecments and covenants contained herein
ahaJ.l be for tbe DenefiL of and bindinq upon e�sch tract in Vail ViElaqe,
Q�
: ,
Sixth Filing, and each owner of property therein, bfs euccessors,
repreaentatives and aasiqns and ahall continue in full force end efttet
until January 1, 1999, at Which time they shall bQ nutomatically ex-
tended for 5 aucepasive terma oi 10 yeara each.
18. AMENDMENT, 7'he conditions, reatrictions, stipulatioas,
agreementa and covenants contafned herein ahall »nt he w�kived, abandoned,
terminated, or amended except by written con4eat of the awne�c• o� `I7G
of the private2y cnmed land included within the boundaries of Vail
villaqe, Sixth Fi2ing, a.s the same may tT�en be ahown by the plat on
file in the office af the Clerk and Recorder of 8agle County, Colorado.
19. ENFORCEME.rT.. If any person.shall violate or thre�tea
to violate any of the provi:ions o.f triis instrument, it ehall bf lawtul
for any pereon or.pereons owning.real property in Vail Villaqe, Sixtb
i: Filing, to institute proceedings at law or in equity to enlorce the .
proviaions of thie 'anstrument, to restraih tbe pQrson v�olatinq or
threateainq to.violate thent, and to recavrz damagea, actual and pnnitivt,
for such vivlatione. .
20. SBVSRI�BZLITY. In validatioa of any os�e af the p�ovisiona
of thia instrument by judqment or court arder.or decree �}i�ll in ao
wise stfect any of tbc oit�er provisions which ohall remain iti lnll
fozc� and efftet.
Sxacute� t2�is �i day og �lsy. 1964.
�� d��!i�; � � . .
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V]1ZL ]1SSOCIATES, LTD. �
a L�aited P te�ra2sip �
By
P ter x. Se �r
Genezal partntr
, TEE V71IL CORPOR]1TION.
cieuaral �
,g �
rt�i' lf. 8• , pr�sid�nt
STJITE �8 COLOR7��0 i
CiTY 71gD CbUNTY OI+ DENVSR )�a• .
K'he ••foreqoi�g ina�trivaent xas ackawledged b�fore mt o�►'tl�s
� day of xay, 1964, by PETSR N. ' S&�HRT, as on� o! .th� Gar►erai partnera
� a! vail 1►s�ociatef, btd., a Limited Fartner�hi , anQ
P b]f P3tER M. SE�?
• a• PrsaiGent o! 1'he Ysil Corporatioh, one o! t�� Oeneral�Y�►rtners o!
Vail Aao xiatsa� Ltd. ' • '
� � witssess' ap► band wnQ, sesl. - .
,
1 f���` 1(r con�ais�ion �xpir�s t�arch 9, 1966.
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or Rocorcl' J11?� ZiF��� at�l P.�.i.,B.i83,P.11.�,1 .
. AkE.�lAMEh'T OP:'PROTLrCTIVE COVSDTAr'TS . ,� �
: � pY, _ ' � " • �+3
`i.';; VAIL•.VI7:I�4G8, .SDCTH FII.IN(i; • ,� . : .. � , .-
. EAGI�E. COUNTlC�-;'COIARADO '�: :•. ' • ' •
• ' .. . �
. � ,, .: ':' . :. . • : q�
� • �r�xE�s, vail Asaocfate,, �Ltd:�, �a.�li�nited.peztner�ship; t'
and Schuyler .c3rey,.'an, individuak, az.� the Owners_ of iIl of� the ,: ..: �
laad described iri tha �rotective Cov�nants�o! vail Yillaga, Slxth
Filing,., recorded; iri :800k r83 at page l� of �tf}e recorda oi t2�e
Clerk and Recordar of Eagle.County, Colarado; and"
.. "' AF.'. . . . . • . , .
�� WHER�:AS,.Vail'ASaociates, Ltd.; aifcl Sahuylez Grey,
hereinafter rof4rred to:as Ownezs, deaire .to amend paragzaph 18" ��
appeariag.on paga.5.ot aaid:ProtQetive Coverisnta; and �. _'' �.
S�OW'TFIEREFORE; ,�in coneidaration ef .the premises, the •.h ~�
Owner� for thecneielves end their reapective. qranteea, .succ�asor.s..��• '
and aa�igns, do.hiereby amend�paragreph.,18-of:th'e.`Protectiv� � '
Covenarita o� Yai;k villaqe,.'Sixth Filinq, Eag1* Coanty, Colorado,�'' "
to read.ae.follars: : : : . .
'. ' "18. �1j�iENL1EtF,i�T. The condttiona� reatrictions,. �. . � � .. .
_ stipulationa, agrcements•-and cwenanta contained .::;� � � � �� � '
. herein`�;aha11 �iot be. waived, abaadoned� •terioinated, � '
o= mnrti�ed � exeep� by W=itten- conient of' the orrnera �
. oi '7576.;of � the, privdtely ohine.a.`land` included .within ��
� . . • . tlie bo�indaries oi Va1I Villsqa... Sixth Fiiix�q, aa . . • : -
.• the as� may then bq rehawn • by the� plat on til� ia ..
the of�ics ol=the Clerk and Recoxdar ot•S�gle County, �•
• Calorado." � ' • •
!!a hcreby_ amend�d,,� aaid '�er� do 2�ereby rstily,. appxova, .. -.•"�4
contism and adogt�the other proviaion� ot �aid Protectiv� cwonant• ��
of Vail Vi2laqe,:��,xth 1�ilirig. •. . . . . ..
. : . ,.
Dated tiiia lOt2� day of June� 1964. . .. . • .:
;F� . ' . " . • • . .
. pa;' • VAIL 118SOCi]1TS8, T1PD� ` .. • •
.. " . _ • : a AirtiteA Ps rabip . .
' . gY � �' . �.. , .
� .
ne Partsier .
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� 8chayler c3z�y •
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�iAT� 'OF COIARADO : , •.. � , - . ' • . •.
CS:'Y 6 COUNT'Y OF.;DENVER).a.s . . � ..
� AcknowTedged },A�fore rne�this 1Dth day�o� June, 1964, .
by Peter w. Seibert, as.:,[;ener�l partner.:of �Vail 1►ysociate�,, Ltd.,
..?,..�,;,Mited Par.tnerahip, , . �
���9 =L�� Witrieea.my.hand and �off�cial. �seal. �� � • �
�• ' "'. ,�s �Y conudisa ion `oxpiree AU us 9 � 965 � '
;ptARY = i . ; ' , .
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n i �. ,
'� '�� Notary 8ub11c
, �.,
� 7�f �c..f�VO . • .
STATE OF CO2ARADO - . . _ .
CITY e CO[TNTY OF .DEIJ'VER) SS " , ._
: Acknowl�dged before �ae this ZOth day of Jun�, 1964,
b]++�h�yler Grey, •n:individual, : ' • . -•
. • iaitneo� �ay }iend and' ofticial s�a1.
,,,.�w�.,,... � 1{y: commioaioa .'expires_I�uwat 9: 1965 . . .
'+'0}�{ 4: ��t(/` :
t;i,a`aRy f _ : .
p;s�aG�o . Hotary P ic .
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: - � , : ......� �r.: �,�; �: f. k r't":� .v'.' . , .. . � . � . � . . . �
:ti � . � � . . . . ' - �. . . . . . . . . , K . , ` w �.
�
Attachment B
Nancy Adam
d/b/a Nancy's Nest
765 Forest Road, Unit A
Vail, CO 81657
970-476-5383
NSAVaiI(�a,aol.com
March 25, 2010
Re: Conditional Use Permit Application for Bed and Breakfast
To Town of Vail Planning and Environmental Commission
� ���Q��
MAR 2 6 �(l)0
TOW{� QF ��AIL
The purpose of this application is to obtain approval for a conditional use permit to
accommodate guests in up to three (3) bedrooms in my residence located at 765 Forest
Road, Unit A, Vail, Colorado as a bed and breakfast business under the name of
"Nancy's Nest" pursuant to § 12-14-18 of the Town of Vail Code.
I am the sole owner of the property so no Joint Property Owner Approval Letter is
necessary. A copy of Stewart Title Insurance Company Title Insurance Policy No.
98016554-C6 issued October 6, 1998, including Schedules A and B, is submitted with
this application to confirm ownership of the property.
I built my residence in 2000. Unit A is the primary unit consisting of approximately
5,000 square feet with 5 bedrooms and 6'/2 bathrooms. The secondary unit is a one
bedroom, one bathroom unit that is rented on an annual basis to a local couple who live
and work year round in Vail (construction and at lst Bank).
The home has a two (2) car attached garage. The driveway provides off-street parking
for 5 additional vehicles. Snow storage is not an issue since the driveway has a snowmelt
system.
There is an attached and enclosed trash facility with weekly garbage removal contracted
with Vail Honeywagon.
The use of my residence as a bed and breakfast operation is allowed as a conditional use
under the Code of the Town of Vail. The use is consistent with the short term rental of
many of the properties on Forest Road, including the timeshare/interval ownership of the
adjacent property at 745 Forest Road. The large, two entrance driveway will provide off-
street parking for the needs of the guests.
The location of my residence on Forest Road provides walking access to the ski mountain
so there will be no additional demand on the public parking garages. It is a short walk to
the bus stop at the Vail Marriot to facilitate transportation around town or to the
transportation center.
1
Submitted with this application is a list identifying the adjacent property owners by name,
address, mailing address and legal description, along with stamped and addressed
envelopes to these property owners.
Please charge the $650 application fee to my VISA account number which I will provide
by separate letter.
Please let me know if you require additional information.
Thank you,
,�`'�2��C..2�C , ��.��� � L ���L ��z./
Nanc Adam,�wner
Y
2
Attachment E
Nancy Adam
d/b/a Lionshead Bed & Breakfast
765 Farest Road, Unit A
Vail, CO 81657
970-476-5383
NSAVaiI a(�,aol.com
Apri121, 2010
Re: Conditional Use Permit Application for Bed and Breakfast
To: Town of Vail Planning and Environmental Commission
This follow up letter is sent to respond to some issues that have been raised concerning
the conditional use permit application to use my residence as a bed and breakfast for a
maximum of 3 bedrooms pursuant to § 12-14-18 of the Town of Vail Code.
Since my submittal, I discovered the original name is not available. I have registered the
trade name of "Lionshead Bed & Breakfast."
To clarify, the bed and breakfast will only be operated when I am in residence. I live
here full time so the business will be operational year round based on customer demand.
I will do the work myself so I do not anticipate hiring any employees. No more than 3
bedrooms will be used as part of this operation at any time keeping the residential load to
10 or fewer people. I will obtain the necessary TOV and state licenses when approved.
The parking plan for my residence that was approved when my home was rebuilt in 2000
provides for 2 parking spaces in the garage and 3 approved surface spaces in the
driveway. The tenants of the apartment under the garage use the west garage parking
space. If they need a second space, they park that car behind the west garage door. This
approach ensures that they control access to and from the west garage space.
I park in the east garage space. My bed and breakfast guests will park in the 3 surface
spaces approved in 1999. I anticipate having a key holder for the guests' car keys so that
vehicles can be rearranged if necessary.
The application is for permission to operate a bed and breakfast, not a special events or
catering business. I do not intend to rent out as a catering or special function operations.
I do not intend to rent to guests with pets (other than service dogs, if applicable).
Smoking is not permitted inside my residence by anyone.
My full time residency will provide supervision when a guest is present. This supervised
use will have less impact on the neighbors than we experience from the numerous short
term rental use of many homes on Forest Road. My presence will ensure that additional
occupants are not "snuck" into the home, late night parties do not occur, and that property
is properly maintained at all times.
Thank you for your consideration of this application,
�lancy /�dam, '�aner