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HomeMy WebLinkAboutVAIL VILLAGE WEST FILING 1 LOT 240 TOWN OF VAIL 75 S. FRONTAGE ROAD VAIL, CO 81657 970 - 479 -2138 0 DEPARTMENT OF COMMUNITY DEVELOPMENT ', A �'l vCA_.� u L �ku NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ADD /ALT SFR BUILD PERMIT Job Address: 1780 SIERRA TR Location...: VAIL VILLAGE WEST FI L Parcel No..: 2103 - 123 - 12 - 019 Project No.: Permit #: B97 -0280 Status...: ISSUED 1 LApplied..: 08/28/1997 Issued.... Expires..: APPLICANT NEDBO CONSTRUCTION Phone: P.O. BOX 3419, VAIL, CO, CELL# 471 -4888 81658 CONTRACTOR NEDBO CONSTRUCTION Phone: P.O. BOX 3419, VAIL, CO, CELL# 471 -4888 81658 OWNER LASHOVITZ MARC D P 0 BOX 2523, VAIL CO 81658 Description: GARAGE ADDITION Occupancy: R3 Single Family Residence Type Construction: V N Type V Non -Rated 970 - 845 - 1001 970 - 845 - 1001 Valuation: 25,000 Add Sq Ft: Fireplace Information: Restricted: #Of Gas Appliances: #Of Gas Logs: #of Wood /Pallet: ******* * * * * * * ****** *** * * ** irk * * *** ***** * * * *** * *** * * * * * * * **** FEE SUMMARY Building - - - - -> 295.00 Restuarant Plan Review - -> .00 50.00 Total Calculated Fees --- > 639.75 Additional Fees --------- > •00 Plan Check - - -> 191.75 DRB Fee------------ - -- - -> Investigation> .00 Recreation Fee ---------- > .00 Total Permit Fee--- - - - - -> 639.75 Will Call ---- > 3.00 Clean -Up Deposit--- - - - - -> 100.00 Payments ---------------- > 639.75 TOTAL FEES------ --- --- - -> 639.75 BALANCE DUE ------------- > .00 Item• 05100 BUILDING DEPARTMENT Dept: BUILDING Division: 09/11/1997 CHARLIE Action: NOTE PLANS TO CHARLIE 09/11/1997 CHARLIE Action: APPR CHARLIE Item• 05400 PLANNING DEPARTMENT Dept: PLANNING Division: 09/11/1997 CHARLIE Action: NOTE PLANS TO GEORGE 09/16/1997 GEORGE Action: APPR George Item: 05600 FIRE DEPARTMENT Dept: FIRE Division: 09/11/1997 CHARLIE Action: APPR N/A Item: 05500 PUBLIC WORKS Dept: PUB WORK Division: 09/11/1997 CHARLIE Action: NOTE PLANS TO PUBWORKS 09/22/1997 CHARLIE Action: APPR FOR LARRY *************************************************************************************************** **** *** *** ****** * *** * * * * * * ***** See Page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information provided as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the Town's zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances of the Town applicable thereto. REQUESTS FOR INSPECTIONS SHALL BE MADE TWENTY -FOUR HOURS IN ADVANCE BY TELEP 79 -2138 OR AT CE F AM .00 PM Send CLeen -Up Deposit To: MARC LASHOVITZ SIGNATURE OF114. CONTRACTOR FOR HIMSELF AND OWNER Page 2 ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CONDITIONS Permit #: B97 -0280 as of 10/07/97 Status - - -: ISSUED ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Permit Type: ADD /ALT SFR BUILD PERMIT Applied - - : 08/28/1997 Applicant - -: NEDBO CONSTRUCTION Issued - - -: 970 - 845 -1001 To Expire: Job Address: 1780 SIERRA TR Location - - - : VAIL VILLAGE WEST FIL 1 LOT 24 Parcel No - -: 2103 - 123 -12 -019 Description: GARAGE ADDITION ******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Conditions * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. 2. SMOKE DETECTORS ARE REQUIRED IN ALL BEDROOMS AND EVERY STORY AS PER SEC.1210 OF THE 1991 UBC. 3. NOTES: - ADDITION OF GARAGE CANNOT COMPROMISE EXITING FROM EXISTING BEDROOMS - GARAGE IS OUTSIDE OF 15 -FOOT SIDE SETBACK AND MUST BE APPROVED BY TOWN PLANNER - GARAGE MUST BE NO CLOSER THAN 3 FEET TO THE PROPERTY LINE -HOUSE IS TO BE PROVIDED WITH SMOKE DETECTORS COMPLYING WITH U.B.C. SECTION 1210 -IF STORAGE UNDER STAIRS, THEY ARE TO BE PROTECTED WITH CONSTRUCTION COMPLYING WITH U.B.C. SECTION 3306 ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statemnt ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statemnt Number: REC -0341 Amount: 589.75 1007/97 08:13 Payment Method: CHECK Notation: - #3084 -------------- Init_ - CD ---------------------------------- Permit No: B97 -0280 Type: A -BUILD ADD/ALT SFR BUILD PE Parcel No: 2103 - 123 -12 - 019 Site Address: 1780 SIERRA TR Location: VAIL VILLAGE WEST FIL 1 LOT 24 Total Fees: 639.75 This Payment 589.75 Total ALL Pmts: 639.75 Balance: .00 ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Account Code Description Amount O1 0000 41310 BUILDING PERMIT FEES 295.00 O1 0000 41332 PLAN CHECK FEES 191.75 O1 0000 22002 CLEANUP DEPOSITS 100.00 O1 0000 41336 ------------------------------------------------- WILL CALL INSPECTION FEE 3.00 - - - - -- 617 -0180 � '"Marc Lashovitz PO Box 2523 1780 Sierra Trail Vail, CO. 81658 February 24, 1998 Dept. Of Community Development Town Of Vail 75 S. Frontage Rd. Vail, CO. 81657 Dear Sirs: I am requesting an extension of time on the building permit # B97 -0280 for 1780 Sierra Trail, Vail Village West Filing 1, Parcel # 2103- 123 -12 -019. Due to the late date of issuance of the building permit and the onset of winter, I had delayed the start of construction on the garage addition until spring. I understand that a one time extension for a period of six months is allowed. I appreciate your cooperation on this matter. If there is any problem please contact me at the above address or at 476 -7099. Thanks again. Sincerel Marc Lashovit TRUNK OEV.DEPT. �.0 TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT 75 S. FRONTAGE ROAD�� VAIL, CO 81657 970 - 479 -2138 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES MECHANICAL PERMIT Permit #: M96 -0132 Job Address...: 1780 SIERRA TR Status...: ISSUED Location....... Applied... 08/23/1996 Parcel No.....: 2103- 123 -12 -019 Issued...: 08/23/1996 Project Number: Expires..: 02/19/1997 APPLICANT JERRY SIBLEY PLUMBING Phone: 3038275736 P 0 BOX 340, MINTURN CO 81645 Will Call ---- > 3.00 CONTRACTOR JERRY SIBLEY PLUMBING Phone: 3038275736 P 0 BOX 340, MINTURN CO 81645 BALANCE DUE ------------- > OWNER LASHOVITZ MARC D P 0 BOX 2523, VAIL CO 81658 Description: Valuation: 6,000.00 CONVERT ELECTIC TO NATURAL GAS Fireplace Information: Restricted: #Of Gas Appliances: #Of Gas Logs: #Of Wood/PaLLet: * * * *** * * *** ..... ..... ..... ..... * *** .... I i ** * * ** FEE SUMMARY ** * ......�t * * * * * * *** *** *** Mechanical --- > 120.00 Restuarant Plan Review - -> .00 Total Calculated Fees --- 153.00 Plan Check --- > 30.00 DRB Fee - - - - -> .00 Additional Fees --------- > .00 Investigation> .00 TOTAL FEES--------- - - - - -> 153.00 Total Permit Fee--- - - - - -> 153.00 Will Call ---- > 3.00 Payments ---------------- > 153.00 BALANCE DUE ------------- > .00 Item: 05100 BUILDING DEPARTMENT Dept: BUILDING Division: 08/23/1996 CHARLIE Action: APPR Item: 05600 FIRE DEPARTMENT Dept: FIRE Division: 08/23/1996 CHARLIE Action: APPR N/A CONDITION OF APPROVAL 1. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. 2. COMBUSTION AIR IS REQUIRED PER SEC. 607 OF THE 1991 UMC. 3. INSTALLATION MUST CONFORM TO MANUFACTURES INSTRUCTIONS AND TO APPENDIX CHAPTER 21 OF THE 1991 UMC. 4. GAS APPLIANCES SHALL BE VENTED ACCORDING TO CHAPTER 9 AND SHALL TERMINATE AS SPECIFIED IN SEC.906 OF THE 1991 UMC. 5. GAS APPLIANCES INSTALLED IN A GARAGE MUST ABIDE BY 1991 UMC SEC 508 DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information provided as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state Laws, and to build this structure according to the Town's zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances of the Town applicable thereto. REQUESTS FOR INSPECTIONS SHALL BE MADE TWENTY-FOUR HOURS IN ADVANCE BY TELEPHONE AT 479 -2138 OR AT OUR OFFICE FROM 8:00 AM 5:00 PM SIGNATURE OF OWNER OR CONTRACTOR FOR HIMSELF AND OWNER TOWN OF VAIL, COLORADO Statemnt ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statemnt Number: REC -0191 Amount: 153.00 08/28/96 11:41 Payment Method: CK Notation: #24318 Init: CD ---------------------------------------------------------------- Permit No: M96 -0132 Type: B -MECH MECHANICAL PERMIT Parcel No: 2103 - 123 - 12 - 019 Site Address: 1780 SIERRA TR Total Fees: 153.00 This Payment 153.00 Total ALL Pmts: 153.00 Balance: .00 ********************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Account Code Description Amount O1 0000 41312 MECHANICAL PERMIT FEES 120.00 O1 0000 41332 PLAN CHECK FEES 30.00 O1 0000 41336 ---------------------------------------------------------- WILL CALL INSPECTION FEE 3.00 - - - - -- C�I, �{. �lb� �Z?j 12 b l OWN OF VAIL CONSTRUCTIONS PERMIT # PERMIT APP FORM v DATE: APPLICATION MUST BE FILLED OUT COMPLETELY OR IT MAY NOT BE ACCEPTED * * * * * * * * * * * * * * * * * * * * * * * * * ** PERMIT INFORMATION [ ]- Building [ ]- Plumbing [ ]- Electrical [�j- Mechanical / /`` [ ] -Other Job Name: rZ=Ci Job Address: Legal Description: Lot Block Filing SUBDIVISION• Owners Name: �� P� Address: 0 { �, C_ 1 Ph. Architect: 1 Address: ph General Description: t��� ���{ kti wul� f 1�k JCaE Work Class: [ ] -New (Al - Additional o . [ ] [ ]- Repair [ ] -Other Number of Dwelling Units: Number of Accommodation Units: C * * er and Type of Fireplaces: Gas Appliances - � Gas Logs Wood /Pellet * * * * * * * * * * * * * * * * * * * * * * * * * ** VALUATIONS ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDING: $ ELECTRICAL:$ OTHER:$ (eneral LUMBING: $ MECHANICAL: � �.b_ TOTAL: CONTRACTOR INFORMATION * * * * * * * * * * * * * * * * * * * * * * * ** Contractor: Town of Vail Reg. NO. Address: Phone Number: Electrical Contractor: Town of Vail Reg. NO. Address: Phone Number: Plumbing Contractor: �1(� Town of Vail Reg. NO. Address:. Y. ) a L4,6 I Phone Number: Mechanical Contractor: Town of Vail Re NO. Address: Phone Number: * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR OFFICE USE * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDING PERMIT FEE: BUILDING PLAN CHECK FEE: PLUMBING PERMIT FEE: PLUMBING PLAN CHECK ,FEE: MECHANICAL PERMIT FEE: MECHANICAL PLAN CHECK FEE: :LECTRICAL FEE: .RECREATION FEE: )THER TYPE OF FEE: CLEAN -UP DEPOSIT: )RB'FEE: TOTAL PERMIT FEES: TYPE GROUP SQ.FT. VALUATION BUILDING: 'SIGNATURE: ZONING: SIGNATURE: :LEAN UP DEPOSIT REFUND TO: 'tvc, f :L JSP INC. Fax : 970 -827 -5234 Aug 26 '96 16:46 P.02 7 ,9 �i - rcek -- 130, 00co & 0 r \ / S7eal ?OS T s 4. 14 e xNd — ;aQ 1 w� e1Z HEAT C--7A kA 67C FILE C 0 P Y T 3. A request for a site coverage variance from Section 18.13.090 and side setback variance from Section 18.13.060 of the Municipal Code, to allow for the construction of a garage addition, located at 1780 Sierra Trail /Lot 24, Vail Village West Filing No. 1. Applicant: Marc Lashovitz Planner: George Ruther /Lauren Waterton Lauren Waterton gave an overview of the staff memo and stated that she passed out a letter to the PEC from the Sierra Condominium Association. Greg Moffet asked if the applicant had any comments. Mark Lashovitz, the applicant, stated that this house was originally approved by Eagle County and annexed into the Town of Vail as an undersized lot. He said it was annexed into the Town already over in site coverage. He said that the house was constructed after the retaining walls were in place and if it was built today, he could have used the retaining wall space and stayed within the site coverage. He said he had a verbal agreement from his neighbors to the west, who were most affected by the garage, and they had no concerns. He said he would plant additional trees as a buffer between the neighbors. Greg Moffet asked for any public comments. Joe Borrell, representing the Sierra Condominium Association, located to the east of the applicant, stated it was poor planning when the house was built under Eagle County. He stated he was concerned that the garage would not be used appropriately, which would not relieve the parking problem. He said if the garage would be used for cars, then the Condo Association would be in favor of this request, as it would alleviate the present parking problems, but if the garage was used for something else, then the Condo Association would not be in favor of it. He said the applicant was a very good neighbor and if the applicant would say publicly that the garage would be used for cars, the Condo Association would be in favor of this request. Mark Lashovitz said it was his intention to park a vehicle in the garage. He said, regarding the 16' interior space, he would like the PEC to bypass the staff's recommendation. Galen Aasland asked, regarding the Campisi variance request on page 2 of the staff memo, that they created their own problems when they modified their space and that the staff memo should reflect that next time. He said the applicant's ski storage problem needed to be solved somewhere else, so Galen was not sure the applicant was entitled to 16'. He said there were some grounds for a variance, but not the full 16'. Ann Bishop echoed Galen's comments about granting a variance, but not 16'. She said that all three garages should be used for vehicles. Diane Golden supported garages to get cars off the street, but not 16' and she was not in favor of a walkway outside of the existing retaining wall. Planning and Fnvironmental Commission Minutes July 28, 1997 3 Gene Uselton asked the applicant if he had problems with the staff conditions. Mark Lashovitz said the retaining wall was not on the property, but rather in the easement and he didn't know what it had to do with this proposal. Gene Uselton stated when granting variances, the PEC had to ask what the TOV had to gain. Mark Lashovitz said he had a landscape plan showing the addition of more trees. He said he had a problem with the guard rail and the hazard report. Greg Moffet said the hazard report was routinely requested. Mark Lashovitz asked if it was within the rights of the Town, to request a hazard report from the duplex that was threatening his home. Greg Amsden said it was not in a Geologic Hazard Zone. Lauren Waterton said it was in an unstable soils area. Mike Mollica said if it was in a Hazard Zone, a geologic investigation would be required to insure the soils were stable. He said a portion of the retaining wall was on the applicant's property and the guard rail would be required for the portion on the applicant's property. Mark Lashovitz said there would be leaf and refuse buildup with a larger stairway, as staff was not in favor of granting 3' of stairway, which the applicant felt was more than adequate. He said it would reduce the amount of site coverage and he envisioned a concrete stairway with no disturbance outside the retaining wall. Greg Amsden said we didn't have any authority to tell someone he had to use a garage for cars, as that was a property right. He said the PEC could judge only what the structure was. Galen Aasland suggested the applicant come back with an agreement between the Condo Association and himself regarding what is being parked in the garage. Greg Moffet stated that could be enforced in court. Mark Lashovitz indicated that the garage would be used for garage space. Greg Amsden said to use the existing stairwell. Joe Borrell said, if the space was used for something else and the Condo Association parking was encroached upon, we would be against this application. Greg Moffet said he was willing to grant the variance up to the edge of the retaining wall, with no disturbance outside of the wall. He said that if it was constructed properly, it could be used for storage and that this request was distinct from the Campisi request. He said the basis for granting a variance showed that this was not a special privilege. He said it would be safer and the existing improvements and retaining wall showed that this was not a special privilege. He said the PEC needed to qualify the 2nd condition and if a landscape plan performs the same as a guardrail would, then he was in favor of landscape. Planning and Enviromnental Commission Minutes July 28, 1997 4 4 Galen Aasland made a motion for approval and stated that the findings had been met, with the 3 conditions in accordance with the staff memo, with a modification to Condition # 2, to read that landscaping could be substituted subject to approval by the Town staff. Diane Golden seconded the motion. The motion passed by a vote of 6 -0. Gene Uselton made a motion to rescind the previous motion. He wanted to change Condition #3 to state that all improvements stay within the confines of the existing retaining wall. There was no second to the motion. Greg Amsden said the applicant could use the garage any way he sees fit. Diane Golden said it was his garage. Greg Moffet asked how we were amending the approval. Gene Uselton explained that the addition not extend beyond the retaining wall. Galen Aasland amended his original motion, to modify Condition #3, to state that the stairs and garage must be contained within the existing retaining wall. Diane Golden seconded the amended motion. The amended motion passed by a vote of 6 -0. Planning and Environmental Commission Minutes July 28, 1997 A 0 0 FILE COPY TOWN 75 South Frontage Road Vail, Colorado 81657 970- 479 - 21381479 -2139 FAX 970 - 479 -2452 August 11, 1997 Marc Lashovitz 1 Box 2523 Vail, Colorado 81658 Department of Community Development RE: Lashovitz garage addition, 1780 Sierra Trail #1 Dear Marc: I have reviewed your Design Review application for the proposed garage addition, to be located at 1780 Sierra Trail. Upon completion of my review, I have staff approved the Design Review application with two conditions. Each of the conditions must be resolved prior to an application for building permit. The conditions arc: That you submit a Geologic Hazard Report, prepared in accordance with Chapter 18.69 of the Municipal Code of the Town of Vail. 2. That you revise the site plan, to include a guard rail along the north side of the driveway /parking area. If you have any questions or concerns with regard to the approval, please do not hesitate in giving me a call. You can reach me at 479 -2145. Good luck with your prciect, Gcorgc Ruthcr, AICP Town Planner G R/j r 1 4ra RECYCLEDPAPER gn Review Action F(�> TOWN OF VAIL Category Number % Z Date 8 /// /'17 Project Name: rZ A404 �;6__ kh)'1. 7 c"I Building Name: Project Description: (,)rJ <,n u <_rinf.i OF _Fn(,+k'T! - i C: 11 (_' Irs=,, mil+ •1�;�= ��} Owner, Address and Phone: ! /F h-� L Li : j ,n\j i }-z. Can Z-5 z 3 Architect /Contact, Address and Phone: Legal Description: Lot , ' A i Block -' Subdivision V f Zone District Y Project Street Address: _. 1 3�� - > - �z - -�. Comments: Board r Staff Action Motion by: Seconded by:_ ❑ Approval ❑ Disapproval A staff Approval Vote: Conditions Town Planner Date: DRB Fee Pre -paid �Y�1. Questions? ( ,e Planning Staff at 479 -2128 TOW] APPLICATION FOR DESIGN REVIEW APPROVAL GENERAL INFORMATION This application is for any project requiring Design Review approval. Any project requiring design review mist receive Design Review approval prior to submitting for a building permit. For specific information, see the submittal requirements for the particular approval that is requested. The application cannot be accepted until all the required information is submitted. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design Review Board approval expires one year after final approval unless a building permit is issued and construction is started. /� A. DESCRIPTION OF THE REQUEST: �� ✓c q '4 6 l i ;1J `J B. LOCATION OF PROPOSAL: LOT: Z BLOCK--: — r FILING: A"a PHYSICAL ADDRESS: 1 7 ao St error / I2Gc rl yt� C. PARCEL #: oQ /�i (Contact Eagle Co. Assessors Office at 970- 328 -8640 for parcel #) D. ZONING: D. NAME OF OWNER(S): d Z– 4- r MAILING ADDRESS:' O• U oZ Ste' E. OWNER(S) SIGNATURE(S): F. NAME OF APPLICANT: S MAILING ADDRESS: PHONE: G. TYPE OF REVIEW AND FEE: ❑ New Construction -Q Constriction of a new building. Addition - $50 Includes any addition where square footage is added to any residential or commercial building. ❑ Minor Alteration - $20 Includes minor changes to buildings and site improvements, such as, 'retoofing, painting, window additions, landscaping, fences and retaining walls, etc. ❑ Conceptual Review - $0 For any application where the applicant wishes to meet with Design Review Board to detennine whether or not the project generally complies with the design guidelines. The DRB does not vote on conceptual reviews. DRB fees are to be paid at the time of submittal. Later, when applying for a building pennit, please identify the accurate valuation of the project. The Town of Vail will adjust the fee according to the project valuation. PLEASE SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office J� �lv' Tee Paid. a� "� . CIS# � `�' _ By: Ap lication Date: • g DRB Meeting Date: LIST OF PROPOSED MATERIALS BUILDING MATERIALS j F MATERIAL: L f� SaM Q S �jcisf i 7C i5 Roof / • /] J (Ql .� �� c /lJQ vu�o �D Siding ` e Xt� ✓ �G�P l` ` � _SQ sue cts EX s Other Wall Materials Fascia E I e `t 0 T( W Soffits Windows Window Trim �L Doors Door Trim Hand or Deck Rails Flues Flashings Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting ** Other * Please specify the manufacturer's color, number and attach a small color chip © oG /� �i094 k y ZF ) 01Y — /f-(- 'IVY,, k Al A ** All exterior lighting must meet the Town's Lighting Ordinance 18.54.050(J). If exterior lighting is proposed, please indicate the number of fixtures and locations on a separate lighting plan. Identify each fixture type and provide the height above grade, lumens output, luminous area, and attach a cut sheet of the lighting fixtures. • • TOWN OF VAIL RECEIPT NO. DEPARTTIEN'T OF COUAIUNIiY DEVELOPMENT , r NAME ADDRESS_ / \ _ DATE PROJECT CITECKS MADE PAYABLE TO TORN OF VAII. ACCOUNT N0. .. IT . _ ..- .. NO.... . TAX - COST EA. - TOTAL 01 0000 41540 ZONING AND ADDRESS MAPS $5.00 s 01 0000 42415 UNIFORM BUILDING CODE $54.00 01 0000 42415 UNIFORM PLUMBING CODE 539:00 _= 01 0000 42415 UNIFORM MECHANICAL CODE $37.00 01 0000 42415 UNIFORM FIRE CODE $36.00 •z 01 0000 42415 NATIONAL ELECTRICAL CODE S37.00 01 0000 42415 OTHER CODE BOOKS + —, W 01 000041548 BLUE PRINTS (MYLARS) $7.00 01 0000 42412 XEROX COPIES $0.25 ;4 O 1 0000 42412 STUDIES * -- �R O1 0000 42412 TOVFEES COMPU PROGRAM $5.00 �.- Ol 0000 42371 PENALTY F EES / RE INSPECTI 01 0000 41332 PLAN REVIEW RE -CI IECK FEE S40 PER IIR.] 01 0000 42332 OFF HOURS INSPECTION FEES N 1. 01 0000 41412 CONTR ACTORS I_ICf:NSES FE Ol 0000 41413 SIGN APPLICATION FEE S20.00 r 01 0000 41413 ADDIT IONAL SIGNAGE FEE S 1.00 PER SQ. FT. 01 0000 VTC ART PROII_CT DONATION �= 01 0 )0.41 :31 R1; PAID DESIGN REVIEW BOARD FEE Ol 'STIGATION FEE. (BUILDING 31 0000 45110 TOV PARKING FUND ' . Ol 000 22027 TOV NEWSPAPER DISPENSER FUND M- * OI n1 .- i �- - --s_. A 4" STATE r *0100 01 001 + =f -t'` i�- �fe�+i f! i= Cash - { _ . 01 00' $200.00 0100 M u ,- ; r , - - - S200.00 0100 1-:rf-r 0100 +t_r ?j i: ::F::: tf } ` 5200.00 of 00 tt,� `�. Lt!: �!,ii,it?Z•., FEE $500.00 o 1 OQ �Nrr ?i =f' ?r? j. j.�r7ia„ red -. S1, 00.00 S 1,000.00 - 01 Of $200.00 _r1 01 a !.}+ffi pa id � - paid d _ Ol a S250.00 _ 01 Of 4 _ ._ -,l:f 5250.00 o 1 or ...... r.� , 1 $200.00 TOTAL: COMMENTS: CASH[ 1 CKA l — �. O R Agenda last revised 7/30/97 9 am 3. A request for a site coverage variance from Section 18.13.090 and side setback variance from Section 18.13.060 of the Municipal Code, to allow for the construction of a garage addition, located at 1780 Sierra Trail /Lot 24, Vail Village West Filing No. 1. Applicant: Marc Lashovitz Planner: Lauren Waterton MOTION: Galen Aasland SECOND: Diane Golden VOTE: 6 -0 APPROVED WITH THREE CONDITIONS: That the applicant submits a Geologic Hazard Report, pursuant to Chapter 18.69, of the Vail Municipal Code. The Geologic Hazard Report shall be reviewed and approved by the Town of Vail, prior to the applicant submitting plans for a building permit. 2. That the applicant installs a guardrail, or landscaping could be substituted subject to review and approval by the Town staff, along the top of the existing retaining wall (on their property) adjacent to Sierra Trail. The design and location of the guardrail or landscaping shall be reviewed and approved by the Town of Vail, prior to the applicant submitting plans for a building permit. 3. That the garage addition (and stairs) not extend beyond the existing retaining wall. The applicant shall submit a complete set of revised plans to the Town of Vail Community Development Department for review and approval. 4. A request for a worksession to discuss a conditional use permit, to allow for the construction of the Alpine Garden Education Center, located at 620 Vail Valley Drive/Tract A, Vail Village 7th Filing. Applicant: Vail Alpine Garden Foundation, represented by Helen Fritch Planner: Mike Mollica WORKSESSION - NO VOTE 5. A request for an interior remodel, utilizing the 250 Ordinance, located at 2355 Bald Mountain Road, West/ Lot 25, Block 2, Vail Village 13th Filing. Applicant: Orthodontics Associates, represented by Rich Brown Planner: Tammie Williamson STAFF APPROVED 6. A request for a conditional use permit and a variance from Section 18.22.140 (On -Site Required Parking), to allow for the operation of a real estate office in the Swiss Chalet, located at 62 East Meadow Drive /Lot K, Block 5E, Vail Village 1 st Filing. Applicant: Johannes Faessler Planner: Dominic Mauriello TABLED UNTIL AUGUST 25, 1997 Agenda last revised 7/30/97 9 am 7. Information Update 8. Approval of July 14, 1997 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2114 voice or 479 -2356 TDD for information. Community Development Department 0 J Agenda last revised 7/30/97 9 am PLANNING AND ENVIRONMENTAL COMMISSION Monday, July 28, 1997 FINAL AGENDA Project Orientation /LUNCH - Community Development Department MEMBERS PRESENT Greg Moffet Greg Amsden Galen Aasland Gene Uselton Diane Golden Ann Bishop Site Visits : 1. Lashovitz - 1780 Sierra Trail 2. SBC Development - 1094 Riva Glen 3. Garton's - 143 E. Meadow Drive 4. Alpine Gardens - 620 Vail Valley Drive 5. Dobsen Ice Arena - Review of design charette results. Driver: Mike 11:00 am 12:00 pm Lionshead Master Plan - Review of design charette results (at Dobsen Ice 1:00 - 2:00 Arena) with Ethan Moore (DRB invited to attend)- 1 hour (DRB members Brent Alm and Clark Brittain attended) s.s . NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearing - Town Council Chambers 2:00 p.m. 1. A request for a minor subdivision, to amend the location of the platted building envelope, located at 1094 Riva Glen /Lot 4, Spraddle Creek Estates. Applicant: SBC Development, represented by Resort Design and Associates (Gordon Pierce) Planner: Dirk Mason MOTION: Gene Uselton SECOND: Diane Golden VOTE: 6 -0 APPROVED WITH ONE CONDITION: That prior to the PEC chairperson signing the amended plat, the applicant shall submit to the Town of Vail Department of Community Development, a letter of approval to amend the building envelope on Lot 4, from the Spraddle Creek Architectural Control Committee. MEMBERS ABSENT John Schofield TOWQO Agenda last revised 7/30!97 9 am 2. A request to amend the existing conditional use permit for the outdoor dining deck, to allow for the outdoor operation of a batting cage, located at 143 E. Meadow Drive /Lot P, Block 5D, Vail Village 1 st Filing. Applicant: Dave Garton Planner: Dirk Mason MOTION: Gene Uselton opposed) SECOND: Diane Golden VOTE: 5 -1 (Greg Amsden APPROVED WITH 13 CONDITIONS: (10 original conditions and 3 new conditions) 1. The approval is granted until the use is modified or discontinued; 2. The use shall comply with Town of Vail noise standards, all other standards, and shall remain compatible with other uses in the area; 3. Landscaping and general maintenance of the area shall be maintained and remain in an orderly and aesthetic condition; 4. No outside cooking due to restrictions in Vail Village; 5. Maintenance of access to the ADA lift through the deck area; 6. Loading activities for Garton's must occur at approved Crossroads loading areas only; 7. Valet parking will be provided as necessary by Garton's; 8. A curfew of 10:00 PM on all activities on the outdoor dining deck; 9. An automatic timer shall be installed to shut the music off promptly at 10:00 PM; 10. Prohibition on any banners or signs associated with the outdoor dining deck area and.activities and all other signage on site shall comply with the Town of Vail Sign Code; 11. The batting cage hours of operation shall be from no earlier than 10:00 a.m. to no later than 10:00 p.m. daily; and 12. The batting cage is to be removed during the winter months and during any one week period of non -use during the summer months. 13. Any permanent or temporary storage of the batting cage, if on -site, must be enclosed within the main structure. 2 I cvo MEM TO FROM DATE Planning and Environmental Commission Community Development Department July 28, 1997 SUBJECT: A request for a site coverage variance from Section 18.13.090 and side setback variance from Section 18.13.060 of the Municipal Code, to allow for the construction of a garage addition, located at 1780 Sierra Trail /Lot 24, Vail Village West Filing No. 1. Applicant: Marc Lashovitz Planner: George Ruther /Lauren Waterton I. DESC OF THE REQ The applicant, Marc Lashovitz, is proposing to construct a garage addition at his residence located at 1780 Sierra Trail /Lot 24, Vail Village West Filing #1. The garage addition would be attached to the west end of an existing three -car garage on the property. The proposed garage addition would be constructed using a portion of an existing retaining wall. The concrete retaining wall would be used as the rear and side foundation walls for the new garage space. The additional garage space is approximately 16' -3" x 21' -6" in size, comprising 355 square feet of garage area. The garage would encroach into the west side yard setback approximately 10 feet. The new garage space adds 381 square feet of additional site coverage to the property. A site plan and building floor plans have been attached for reference. According to Sections 18.13.090 and 18.13.060 of the Municipal Code of theTown of Vail, " Site coverage shall not exceed twenty percent of the total site area." and "the minimum side setback shall be fifteen feet." The applicant is requesting a variance from Section 18.13.090 of the Municipal Code to allow the structure to exceed the allowable site coverage. The allowable site coverage for Lot 24 is 2,187 square feet (20 %) and the existing site coverage on the property is 2,352 square feet (21.5 %). The garage proposal adds 381 square feet of site coverage. The applicant is requesting a total of 2,733 square feet or (24.9 %) of site coverage. The applicant is also requesting a variance from Section 18.13.060 of the Municipal Code to allow the garage addition to encroach up to 10 feet into the required sideyard setback. Currently, no building encroachments exist in any of the required setbacks. B ACKGROUND The staff has researched projects where similar site coverage and /or setback variance requests were made. The results of our research are summarized below: Tom OF V11LL i c? Campisi Residence 742 Sandy Lane (Se ptember, 1996) At the Campisi Residence, the applicant requested a site coverage variance of 1.5% (261.4 sq.ft. of additional site coverage). The applicant intended to use the additional site coverage to construct a third enclosed parking space. The PEC denied the variance request finding that no physical hardship or extraordinary circumstance existed on the property that would warrant the granting of the variance. In fact, the PEC found that granting an approval of the site coverage variance request would result in a grant of special privilege. Ric Residence. 2576 Dav Trail ( February, 1995): At the Ricci Residence, the applicant requested a site coverage variance for 4.7% (526.5 sq. ft. of additional site coverage). Tile applicant proposed to use the additional site coverage to create an enlarged 2 -car garage, as well as add a small amount of additional GRFA to the existing residence. The PEC approved the applicant's site coverage variance request. Dean /R ousch Residence 2942 Bellflo (July 1993): At the Dean /Rousch residence, the applicants requested a 3.56% site coverage variance (287 square feet), a setback variance (4 feet into a 20 -foot setback), and a wall height variance. The request for site coverage and wall height variances were approved by the PEC, but the setback variance for GRFA was denied. It should be noted that the staff recommended denial of the variances, but the PEC approved it. The interior dimensions of the garage were 22.5 by 22.5 feet, and the area of the garage calculated for site coverage was 576 square feet. T4ylor_Re5idenc 2409 Ch amonix Road (May 1993): At the Taylor residence, the applicant requested and was granted a site coverage variance for 1.3% (122 square feet) in order to construct a garage and building connection on the property. The allowed site coverage on this lot was 20 %. The applicant was also granted a variance to construct the garage in the front setback (the average slope on this lot did not exceed 30 %). The approved interior dimensions of the two -car garage were 21 feet by 20 feet, for a total interior area of 420 square feet. The garage contributed 462 square feet toward site coverage. Mumma Residence 1886 West Gore Creek Drive (February 1993) At the Mumma residence, the applicant requested and was granted a 1% site coverage variance in order to construct a garage addition on a lot that exceeds 30% average slope. The 1 % overage on site coverage amounted to approximately 99 square feet. The interior dimensions of the approved garage measure 20 feet by 20 feet, for a total interior area of 400 square feet. The garage contributed 442 square feet toward site coverage. S mail Residence, 42 Nugget Lane (September 1992) At the Smail residence, the applicant requested and was granted side and front setback variances in order to construct a garage and GRFA addition. The interior dimensions of the approved garage measure 22 feet 8- inches by 22 feet 3- inches (504 square feet). A site coverage variance was not necessary as a part of this request. cy4a) o Test Residence 898 Red Sandstone Circle (August 1992): At the Testwuide residence, the applicant requested and was granted side and front setback variances in order to construct a garage addition to the existing residence. The approved garage had interior dimensions of 21.5 feet by 24 feet, with a total interior area of 516 square feet. A site coverage variance was not necessary as part of this request. III. ZONING STATISTICS Zoning: Primary /Secondary Residential Lot Size: 10,935 square feet / 0.251 acres. D evelopment Standards Allowed Setbacks: Front: Sides: Rear: Site Coverage: Landscaping: 20' 15715' 15' 20% or 2,187 sq. ft. 60 or 7,112 sq. fl. Parking: 4 spaces required (21D.U.) IV. VARIA CRITERIA AND F Pro posed Front: 35' Sides: 15.5, 5' Rear: 15.3' 24.9% or 2,733 sq. ft. NrC 4 enclosed spaces (2 /D.U.) Upon review of Section 18.62.060 of the Vail Municipal Code, Criteria and Findings, the Community Development Department recommends denial of the requested site coverage variance and a conditional approval of the requested side setback variance in accordance with the conditions stated on page 6 of this memorandum. Staff's recommendations are based on the following factors: A. Consideration of Factors The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Site Coveraae Staff believes that the proposed addition will increase the bulk and mass of the existing structure beyond that enjoyed by other properties in the Primary /Secondary Residential Zone District. While the additional mass and bulk associated with this proposal may not negatively impact the existing or potential uses and structures in the vicinity of the applicant's property, staff does not believe there is any indication of a physical �Ie .► hardship or extraordinary circumstance which would justify the granting of a site coverage variance. Other property owners in the vicinity of the applicant's property have been able to construct two, three and four -car garages and still comply with the site coverage requirement. In fact, several of the adjacent properties have a site coverage restriction due the steepness of the property (15 %). Staff further believes that the granting of the requested site coverage variance would result in a grant of special privilege. Set back: The staff further believes that the 10' encroachment into the side setback will have minimal, if any, negative impacts on the existing or potential uses and structures in the area. Approximately 154 square feet of garage area will be in the setback. Staff believes that the existing structure dictates a reasonable location for the garage. Staff feels the existing structure could be considered a physical hardship to development on the property. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. Si te Covera Staff has traditionally supported site coverage variance requests when associated with the construction of enclosed parking, where none exists. Staff believes that it is beneficial to the community to allow individuals to construct garages, as it typically improves the appearance of the site and the surrounding area as a whole. In this case, the applicant will be eliminating one exterior parking space with the construction of the new one -car garage. In the past, the staff has required that each variance request be for the minimum amount of additional site coverage necessary in order to attain the desires of the applicant. Typically, when staff has supported site coverage variances for garages, the size of each parking space has been between 200 -275 square feet. The applicant is proposing that the garage addition comprise 355 square feet of floor area and an additional 381 square feet of site coverage. Staff believes that while 381 square feet is excessive for one enclosed parking space, the size of the enclosed space proposed by the applicant is more a function of the size and location of the existing retaining wall than of a desire to construct an over -sized garage. Staff would recommend that if the PEC chooses to approve the site coverage and setback variance requests, that the applicant be required to reduce the interior width of the garage to 11 feet. This reduction will decrease the amount of additional site coverage requested, reduce the amount of encroachment into the side setback, and result in a variance, which is comparable to those approved in the past. 4 Setback: Much like the site coverage variance request, the amount of deviation requested by the applicant for the encroachment into the side setback is a function of the location of the existing retaining wall, than of a desire to construct the garage in a specific location. As mentioned previously, the applicant is proposing to use a portion of the existing concrete retaining wall as the foundation walls for the garage addition. According to the plans submitted by the applicant, approximately 154 square feet of building area is proposed in the setback. Staff believes that the applicant is requesting the minimum amount of relief necessary from the setback regulations to achieve the desired goal, though staff does recognize that the garage addition does not require the use of the existing retaining wall. A new retaining wall could be constructed in a different location, which would reduce the amount of encroachment into the setback by approximately five to six feet. By constructing a new retaining wall in a different location, the amount of building area in the setback could be reduced to as little as 37.5 square feet. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Sito Coverage: Staff does not believe that there will be any negative impacts associated with this proposal, if constructed, on the above - referenced criteria. S etback : Staff believes the requested side setback variance will not have any negative impacts on the above - referenced criteria. B. T he Planning and Environmental Co shall make th following fin dings before granting a variance That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 5 b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. C. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. ST AFF RECOMME Staff recommends denial of the site coverage variance and approval of the setback variance, (contingent upon the Planning and Environmental Commission's approval of the site coverage variance). It is Staff's belief that the applicant has not met the necessary criteria and findings in order to approve the site coverage variance. Specifically, it is Staff's opinion that findings 131, 133a, 133b and Bic have not been met and that the granting of the site coverage variance will result in a grant of special privilege. In fact, staff does not believe that the applicant is being deprived of any privileges enjoyed by other property owners in the Primary /Secondary Residential Zone District. Staff feels the applicant enjoys a residence which has taken up as much site coverage as other properties in the area. Staff believes that findings 131, B2 and 133b have been met in that the granting of the setback variance will not reSLIlt in a grant of special privilege, since it is the staff's opinion that a physical hardship exists. Should the Planning and Environmental Commission choose to grant an approval of the applicant's site coverage and setback variance requests, staff would recommend that the approval carry with it the following conditions: 1. That the applicant submits a Geologic Hazard Report, pursuant to Chapter 18.69, of the Vail Municipal Code. The Geologic Hazard Report shall be reviewed and '1�r> approved by the Town of Vail, prior to the applicant submitting plans for a building permit. 2. That the applicant installs a guardrail along the top of the existing retaining wall adjacent to Sierra Trail. The design and location of the guardrail shall be reviewed and approved by the Town of Vail, prior to the applicant submitting plans for a building permit. 3. That the applicant reduces the width of the proposed garage from 16' -0 ", to 1 V -0 ". The applicant shall submit a complete set of revised plans to the Town of Vail Community Development Department for review and approval. 6 , IGAN USES 74 � 2 9 - 40 10 795 - _ . M. I I 's %.o I 'I V. G_ WEST GORE CREEK DR. � 5 • v 1816 34 31 X56 46 47 43 �r 35 1806 79 32 1936 1916 48 49 50 48 47 46 v 1906 1896 1886 1876 1868 1858 42 3B 1 761 } 36 54 49 45 28 426 1824 3 6 1837 1827 44 40 i 5 1897 180 1797 1787 D, 7 >, 1907 15 1828 '~ •� �38 ` 1766 'pp 3 8 16 14 1 1 8 . I `'�FR - J808 -_ 1768 27 _ 17 13 -- 9 28 1840 26 799 98 12 II 10 177 12 1850 820 25 - 18 788 772 BA 1 1870 872 1800 7 778 8B 13 4 19 178 1759 ALPINE DR. 1874 23 20 9 1783 14 760 171 23 2 S�P�o 1 785 2 2 1 • 22 73 ?6 iq o TAH E DR. 40 17AA 17 27 Tq y0E 1780 30 29 10 • 28 1786 17P 1 1875 31 1784 15 16 1880 • 1876 1878 ALPINE DR. 21 877 20 19 SUBJECT 1879 1881 _ PROPERTY 32 1782 -_� ------- --------- j `\ �/ \ � � � ' is :.z.n_., -_ _ _��++u3 "_ 1 SI TE FLAN it Wr _ AUOUA6"- � t!>T µ:; SI TE FLAN Wr AUOUA6"- � t!>T µ:; 1 V�Fz "ITS IIH WALL UP -- 1JF_L.1 5rn►R w OAt4Vf AIL p6R Goof✓ t, OWNER • r F'tiPoSE() e'vwACol; OVC-RNPNln 'i1oiNb, ' hr I\pv FAG+k HMSf4P L4 GOt-oRS Arty M1AIL - N wrCUi Ex►St►� i. _ I y i 14- -41 1 ' O.11, SARA Poor I � � HA- G XI 1 > 1 H6 AIEFPv )Flr-(o AN��MItT�R A ,rj Pt5*- '1FNGTUV -AL — — 6AP-A e sut0 i I - I'A1 +tINC� Dov FXISTIWei 6kFqlv6e (Oh �F4m 1v v Y { UK i XIS hJ lu � I � i I ir�nl`j I F->G wAu-t I: vof- of I,x 15t1IJ� j LYo6 of r:KISTIW "ItpO`�y �I FLAN - , ,I r � =1 Ou 9 t CL CD LY 9 0 u� NAL.-I Awco IN I WAY;5ild ��- WAII ►����n�s f boa 04 gyctr -cd - cu,« how-. wah e(AA*A� f�►- wrl�� �, - 1� i 6�, 1�►ti+f `lam ill , �►cr�a �,. +� . — i�vplu� Ctm.�v�aC a -f�ow� u�- of �;�,r�s • (� �j V�.�i� u�( - ,� w( ra4- � Gam- - govv� �ov�� Foy v�t�ta►�,� • �1ea�f� -� l� �ar�e� � c1� fin - U/We� C9CLU n r oin wMy • War\ �o "ow ►f ►� will �r_ uee� -�- s-I a ? mob,. -� 40 V�A �p vj emu. �YG � • — wia,l �� �� �Y �k�iGi � �a� jou r fva,kw - e .P t �m � � I 1 ns �n x uw cif _ x� - j OL w -- d� n •r z� G yFZ U1 �L - z 0 Z O V l • • TO: Planning and Environmental Commissions etc Greg Moffet, Chairman FROM: Sierra Condo. Association 1760 Sierra Trail Vail, CO. 81657 Dear Sir, July14,1997 TOROK D 0 Regarding additions to 1780 Sierra Trail by Mark Lee, we would like to express our concerns on the utilization of existing garages and therefor the need to add additional. The present building is a primary secondary non sub dividable residence with the two required parking spaces for the primary units as a two car garage: the two required spaces for the secondary unit are a one space garage and one open space. If these facilities are used as designed there is adequate space for the residence needs and additional room for maneuvering. As 1780 and 1760 share an access easement and a parking easement with each others lots it is of primary concern to us that this is not abused. During most of the year Mr. Lee operates the majority of the garage space as a ski warehouse for his business as a ski rep.; due to this operation excessive traffic is using the easement across 1760, the parking spaces are not utilized as designed causing congestion; UPS and RAC delivery vehicles block the drive every day. The Sierra Condo Association has agreed to the grading and paving of the driveway but requires Mr. Lee at 1780 to contribute his share, is it possible to require him to do this as a contingency to his garage? Sierra C dominium Ass on (Joseph Morrell, Secretary Qucstions?�a punning Staff a' 1 9.21 APPLICATION FOR PLANNING AND ENVIRONMENTAL COMMISSION APPROVAL TOWN OF VAIL SL EAALINM This application is for any projcct requiring approval by the Planning and Environmental Commission. For specific information, sec the submittal requirements for the particular approval that is requested. The application can not be accepted until all required information is submitted. The proicct may also need to be reviewed by the Town COWlcll and /or the Design Review Board. A. 'TYPE OF APPLICATION: • Additional GRFA (250) • Bed and Breakfast ❑ Conditional Use Permit ❑ Major or ❑ Minor Subdivision ❑ Rezoning ❑ Sign Variance Variance ❑ Zoning Code Amendment 13. C. D. E. F. G. •H. - 4, ❑ Amendment to an Approved Dcvclopmcnt Plan ❑ Employee Housing Unit (Type: ) ❑ Maior or ❑ Minor CCI Exterior Alteration (Vail Village) t ❑ Major or ❑ Minor CCII Exterior Alteration (Lionshcad) ❑ Special Development District ❑ Major or ❑ Minor Amendment to an SDD Cavc 1j �J�.4n LOCATION OF PROPOSAL: LOT V BLOCK FILING ADDItESS: 13UILDINGNAME: L a s�cu(�Z Z ZONING: ?f (mC' - ci Secao' NAME OF OWNER(S): _ / I C_, c_ MAILING ADDR OWNER(S) SIGNATURE(S): NAME OF REPRESENTATIVE: oxme r' MAILING ADDRESS: PI -ION FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND TIIE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only: oc� Fee Paid: 5 6 Ck#: ff By: 4' /- L Application Date: PEC Meeting Date: Rcvixd 6196 MN 1. r: bar< �57�3 ti VAIL VILLAGE WEST FILING 1 LOT 24 1780 SIERRA TR. In regards to the granting of the variances and their effect on adjacent properties there is really very little impact. Lots 17 & 18 are below the road and would only see the the top of the railings of the deck that are a continuation of the existing deck that would cover the additional garage. The properties (located within Eagle County not TOV) behind lot 24 have no clear visual path either way. Lot 23 to the east would not be effected . Lot 25 to the west would only see additional deck above the garage which is what they see now. The majority of the views and windows in this dwelling are not directed in the direction of the proposed addition. What I hope to prove and why the PEC should grant these variances are due to the unique access easement agreement that exists between LOT 23 & 24 and the HARDSHIP that exists. Lot 24 being a primary /secondary dwelling according to TOV parking requirements must provide 4 parking spaces. There is no denying that these do in fact exist. As you can see from the enclosed site plans three are covered spaces with the fourth being open. Lot 24 was subdivided from LOT 23. In order to gain access to LOT 24 there is an existing parking and easement agreement with Lot 23 in which the owners or tenants of the condominium on Lot 23 have the usage of 4.66 parking places on LOT 24 property. Again this can be seen on the enclosed site plan. During the 8 or 9 months of winter and the amount of snowfall we receive here, renders the fourth or open parking space completely unusable. I have used several different plowing companies but they have been unable to keep that space open with the exception of bringing heavy equipment and hauling the snow off which is cost prohibitive. In addition with the way the parking is laid out and the limited amount of space makes it extremely difficult for the equipment to be able to move about. This also creates an undue and unnecessary amount of noise for everyone in the neighborhood. Covering this fourth parking space would make the plowing easier and increase the level of safety for the tenants and residents of these properties. 4 i July 22. 1997 Mark Lashovitz POB 2521 Vail CO 81658 RE: Lot 24, Vail Village West Filing No. 1 Mark, Per your request we have calculated the area of the above property. According to the platted boundry dimensions the calculated area of Lot 24 is 10,935 square feet or 0.2510 acres. Please call if you have any questions. Eagle Val r P °VA�yI Inc. A Stan Hoge fit,, PLS OFFICE: 41199 Hwy. 6 & 24 Eagle -Vail, CO 81620 MAILING: P.O. BOX 1230 Edwards, CO 81632 PHONE: 3A-949-1406 FAX: 303 -845 -9504 ?'G rfe Community Development Plan Routing Form Routed To: r Hall, Public Wor Te b lic Works Mike McGee, Fire Return To: George Ruther, Community Development Date Routed: (�uaaecl� o;► ZIC3• cet.x 01 �e . Return By: Project Name: Project Address: —760 Project Legal: L Z * l Project Description: Approved x Denied (cite detailed reasons) Approved with conditions TrK reed ro do a v \o�L F 1)ca a' � � hnUV V\sw. a t > . n ach�yC' \ I �Cr u�•�.� �o.� are�a5 . J a\ 2 TLRxv v-A,— , k*kc- V pac ee *041 11 fee T-11 \\ y ( �f � . . < /. /© G \ . < »�� +2. z ~(� � » { \/` Ax 1P. . \�� %� � / ~ }� : � /a� 2�� \ \»� g .�� /� ƒ IN Adjacent properties: 1780 SIERRA TRAIL VA-t�, CO VAIL VILLAGE WEST 'FILING NO 1 LOT 24 MARC LASHOVITZ RESIDENCE PRIMARY /SECONDARY DWELLING 1874 Alpine Dr. EAST 1/2 EAGLE CO. BRUCE SAUNDERS BOX 697 VAIL, CO 81658 1874 Alpine Dr. WEST 1/2 EAGLE CO. PETER H. RUDY 108 S. FRONTAGE RD. W UNIT 210 VAIL, CO 81657 LOT 25 1800 SIERRA TR KIMBERLEY L. MILNER 1800 SIERRA TR. VAIL, CO. 81657 LOT 23 1760 SIERRA TR. SIERRA CONDO ASSN. LLOYD JOHNSON PRES. BOX 1872 VAIL, CO. 81658 LOT 18 1779 SIERRA TR ED GUND 3100 BOOTH FALLS CT. VAIL, CO. 81657 LOT 17 1799 SIERRA TR. JULIA WATK_INS BOX 164 EDWARDS, CO. 81632 14P 1961-101, r 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 18.66.060 of the Municipal Code of the Town of Vail on July 28, 1997, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a worksession to discuss a conditional use permit, to allow for the construction of the Alpine Garden Education Center, located at 620 Vail Valley Drive/Tract A, Vail Village 7th Filing. Applicant: Vail Alpine Garden Foundation, represented by Helen Fritch Planner: George Ruther /Mike Mollica A request for a site coverage variance from Section 18.13.090 and side setback variance from ection 18.13.060 of the Municipal Code, to allow for the construction of a garage addition, located at 1780 Sierra Trail /Lot 24, Vail Village West Filing No. 1. Applicant: Marc Lashovitz Planner: George Ruther /Lauren Waterton A request for a minor subdivision, to amend the location of the platted building envelope, located at 1094 Riva Glen /Lot 4, Spraddle Creek Estates. Applicant: SBC Development, represented by Resort Design and Associates (Gordon Pierce) Planner: Dirk Mason A request for an interior remodel, utilizing the 250 Ordinance, located at 2355 Bald Mountian Road, West/ Lot 25, Block 2, Vail Village 13th Filing. Applicant: Orthodonics Associates, represented by Rich Brown Planner: Tammie Williamson A request to amend the existing conditional use permit for the outdoor dining deck, to allow for the outdoor operation of a batting cage, located at 143 E. Meadow Drive /Lot P, Block 5D, Vail Village 1st Filing. Applicant: Dave Garton Planner: Dirk Mason A request for a conditional use permit and an additional 250 sq. ft. of GRFA, to allow for the construction of a Type II EHU, located at 186 Forest Rd. /Lot 9, Block 7, Vail Village 1 st Filing. Applicant: Mike Flannery, represented by RusSF li Platt Planner: Dirk Mason The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479 -2114 voice or 479- TDD for information. Ce Jv' Community Development Department Published July 11, 1997 in the Vail Trail. TOWN ORVAIL LAND TITLE GUARANTEE COMPANY ENDORSEMENT 107.11P Dated October 25, 1988 Case V11478END -4 Policy AZ754686 Property Address LOT 24 VAIL VILLAGE WEST FILING 1 Buyer /Seller MARC D. LASHOVITZ THE EFFECTIVE DATE OF SAID POLICY IS HEREBY CHANGED FROM October 25, 1988 AT 8:00 A.M. TO May 28, 1997 AT 5:00 P.M.. THE TOTAL LIABILITY OF THE COMPANY UNDER SAID POLICY AND ANY ENDORSEMENTS THEREIN SHALL NOT EXCEED, IN THE AGGREGATE, THE FACE AMOUNT OF SAID POLICY AND COSTS WHICH THE COMPANY IS OBLIGATED UNDER THE CONDITIONS AND STIPULATIONS THERETO TO PAY. THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AND IS SUBJECT TO THE SCHEDULES, CONDITIONS AND STIPULATIONS THEREIN, EXCEPT AS MODIFIED BY THE PROVISIONS HEREOF. Countersigned: Authorized Officer or Agent Form AO 4/95 Policy No. AZ754686 Order No. V11478END Amount $165,000.00 SCHEDULE A Address LOT 24 VAIL VILLAGE WEST FILING 1 1. Policy Date: October 25, 1988 at 5:00 P.M. 2. Name of Insured: MARC D. LASHOVITZ 3. The estate or interest in the land described in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: MARC D. LASHOVITZ 5. The land referred to in this policy is situated in EAGLE County, Colorado, and is described as follows: LOT 24, VAIL VILLAGE WEST FILING NO. 1, ACCORDING TO THE RECORDED PLAT THEREOF,COUNTY OF EAGLE, STATE OF COLORADO. LAND TITLE GUARANTEE COMPANY Page 1 This Policy valid only if Schedule B is attached. 4. 3 Form AO 4/95 Order No. V11478END Policy No. AZ754686 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 1988 TAXES NOT YET DUE OR PAYABLE AND ASSESSMENTS NOT YET CERTIFIED TO THE TREASURERS OFFICE. 6. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY. 7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED October 04, 1918, IN BOOK 93 AT PAGE 301. 8. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED October 25, 1963, IN BOOK 178 AT PAGE 149 AND AS AMENDED IN INSTRUMENT RECORDED December 06, 1963, IN BOOK 178 AT PAGE 345. 9. UTILITY EASEMENTS 5 FEET IN WIDTH ALONG ALL REAR SIDE LOT LINES AS RESERVED ON THE PLAT OF VAIL VILLAGE WEST, FILING NO. 1. 10. A 10 PERCENT NON- PARTICIPATING ROYALTY INTEREST AS RESERVED IN DEED RECORDED OCTOBER 3, 1961 IN BOOK 166 AT PAGE 407 11. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS, CONDITIONS AND RESERVATIONS RECORDED August 06, 1982 IN BOOK 343 AT PAGE 896. 12. PARKING EASEMENT AND SNOW STORAGE AS SHOWN ON THE RECORDED CONDOMINIUM MAP OF SIERRA CONDOMINIUMS RECORDED SEPTEMBER 12, 1980 IN BOOK 309 AT PAGE 162 AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION THEREOF RECORDED SEPTEMBER 12, 1980 IN BOOK 309 AT PAGE 161 Page 2 Form AO 4/95 Order No. V11478END SCHEDULE B Policy No. AZ754686 13. TERMS, CONDITIONS AND PROVISIONS OF CONDOMINIUM DECLARATION FOR SIERRA CONDOMINIUMS RECORDED September 12, 1980 IN BOOK 309 AT PAGE 161. 14. ENCROACHMENT OF NORTHERLY PORTION OF STRUCTURE ONTO PARKING EASEMENT. 15. TERMS, CONDITIONS AND PROVISIONS OF RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE AND COUNTERPROPOSAL THERETO RECORDED September 15, 1988 IN BOOK 491 AT PAGE 256. 16. DEED OF TRUST DATED September 15, 1988, FROM MARC D. LASHOVITZ TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF HOME SAVINGS OF AMERICA, F.A. TO SECURE THE SUM OF $148,500.00 RECORDED October 24, 1988, IN BOOK 493 AT PAGE 595. Page 3 ` —., � TOWN OF VAIL RECEIPT NO. DEPART �MEN OF CO>L1IUNM' DEV'ELOPMEIT _ N.,SIE L.ashav - ADDRESS / /•41` DATE PROJF.CT CHECKS MADE PAYABLE TO TOWN OF VAll. ACCOUNT NO. - ... .. mm - --_.._... :........__ .:..... NO.... _ ` TAX COST EA. TOTAL _= UI 0000415 O1 0000 42415 01 0000 42415 01 0000 42415 O1 0000 42415 ONING AND ADDRESS MAPS _ UNIFORN4 BUILDING CODE UNIFORM PLUMBING CODE UNIFORM MECHANICAL CODE UNIFORI\4 FIRI: CODE S5.00 $54.00 539.00 $37.00 536.00 * r * () l 0000 42415 NATIONAL ELECTRICAL CODE 337.00 01 0000 42415 OTHER CODE BOOKS U1 0000 41515 01 0000 42412 BLUE PRINTS (MYLARS) XEROX COPIES $7.00 50.25 01 0000 42412 STUDIES - 01 0000 42412 TOVFEES COMPU PROGRAM f- 01 000047 1 DCt,r �•• - - — Receipt # _. r`a7 Hccount :4 # 1461 ll Hfil;_;i tr1 t. t.war;�� t - • °ta - �;F - � _ E_il�i tem Fuld Hrtito+_Irlt paid t_i t_i t -wt.l J rrjef_ U1 060U41330 CONDITIONAL USE PERM 55.00 ti 520.00 5200.00 3200.00 01 0000 41330 EXTERIOR ALTERATION LESS THAN 100 S .FT. S200.00 r 01 0000 41330 EXTERIOR ALTERATION MORE THAN 100 S .FT. 5500.00 �a - 01 0000 41330 01 0000 41330 01 0000 41330 SPECIAL DEVELOPMENT DISTRICT NEW SPECIAL DEVELOPMENT DISTRICT [MAJOR AMENDI SPECIAL DEVELOPMENT DISTRICT MINOR AMEND S1,500.00 51,000.00 S200.00 = : °. 01 0000 41330 SUBDIVISION nA 01 0000 4133 VARIANCE 5250.00 _ 0 O 4 ZONING CODE AMENDMENTS S250.00 O 1 0000 41330 RE - ZONING 3200.00 OTHER OTHER TOTAL: ZSD. COMMENTS: E s CASH I— CK a I — 1 M. 0 IA REC. BY `: Mb O z p ---i --i ;u -M m � m O x 0 O z m �_ D D Z F) O D X r C) O Z -1 c 7 D _ 00 -�i Z O O x C7 O m z m -i D � 0 D� _ �-4 C� O D X r C7 O Z O -I m � z D m O 1 D O r D m C) O * m O co z D K m m m cn G7 (� D T r � I_I T "I - I m - 1 - i T '_I - I T � � 'T 0 IK T C7 E z r ( T' m O m m O nm n < m O O m m p m m O m 7 n y < _ r D m z p M n m v p m z m z Z I Z C7 D i n F �r D m D O N uz w (D CT ap O O Z O + m O O O F', (D N n O 0 W C W m m cn m Or m (n D r d O (D n Z N x O cn 0 � < D < D > O < D W v < D U7 I < D rt m -+ W m U) n r• n H. 1-- �� < r z r r ~ p < v r r U) " F N Iw m Z O m m 33 Z � m J w �d 0� O O H. C ad c a t? zr v (n m m 0 z n O n D O Es G1 J7 (D oo o m rD N 1-1 z z m z z T o o o z m T m 0 o f o l co '- 0 ` 0 0 m K -a K + 0 0 rt a m o o Z D O G T (D D - W v r• (D r• n rt rD C� _- ,�� c w Z I Z O O D (o c/) m m _D cn p D n N = fD ' _ rt O a, 3 7 w � m m v z v D = - H < rt n c ? a - rt < p n n O a N D n T D m a� v a rt c D p O r t (D � I H m z w Z) cn v n rJ a zr w O pp •1' w z� �� _�. N o CO O z �I c o N. VALUATION O Z = (D 7 w Z d z Fi. O w I m m Ln n n C m D CI❑�-4I ic moo M m c OZ C) G) (n D (D r rt rt H w O r- N C C Z K O 00 D Z i L7 O z m O T m x m e •. o m C= O - n 3 0 O 7 Z CL m o •O m n O K v m l w D l U) D _ -1 m-n m �, m m T O C/) = O m m m I C < F rt i L7 (DD m O i N w n - O A cn O -{ > m 0 T O C i I m � nm n < W (�D co n (D 3 c O Z O r- m r � T r y • p p M n m v p �' lJC (D '0 (D D U7 I z ` D i n F �r D m uz w (D CT ap r Z z + m O F', (D N n O tla 0 (D� b a n m m cn m Or m (n D r d O (D n Z N x O cn O O�dO O O 3 Z? > O W v U7 rt-1 p p mv� m �' w 0 -+ W �� < N z ~ p < v H. a C `< n 0 " m Z O 71t (D Z J 0� O O H. C ad c a t? zr v (n m m 0 z n O n D G1 J7 (D �T z z (D CPO rD•• O cn m = T o o o T m 0 S_ C 3 (D ` O m K -a K + D a 07 C �-O w CO Z D O (D D - W C� _- ,�� c w Z I Z O O D (o c/) m m _D cn p D n N = fD ' _ rt O a, 3 7 w � m m v z v D = - H < F' (0 w '�'" a) CD c ? a - rt < p n n O a N D n T D m a� v a c D p O r t (D m z w Z) cn a zr w pp •1' w z� �� _�. N o CO O z �I c o m VALUATION O Z = (D 7 w Z d z Fi. O w I m m Ln n n C m D 3 m m ca - n' O - .-. (D 3 G7 �' z 0I O D r X Z C L m = Z O Z rt O rt m ( SL =. w K- rt m m p � Z z y = 2 Om m .0 0 _ co C Z m < (� D O r n w ~ Z Z z (n 3 zo o N-o 3 m r- �, � NCI✓ ` (D ' �_ m v ^' Z m m m " n D G) m T (D O w a 3J N = " O Z �,• D x D ( - I - 1 O N W m - O �" O O O l w z cn o_ o p CC) oo I m > � m Ui o m L' s C --A m I - I- � w N C:) o s O C )L c O ip I -i C) a = z a� W W -1 O °i cu - m <: p I u v o O rD ON N 110 In m m O n �'. an o I O o w to cn �o o o H. O 0 w a) M 0' :3 m I of a T `�°a(D ao. °� �l o C O = V 7 m m m cn w A CD 2 ::3 O (D (D aa - I I O O C C V1 cn m m (D I m =3 CD 1 I r -1 V T m N D Z m m 9 G n O N � rt O m I M H H O CD m 7 m H O Z L O co m J T' n TOWN OF VAIL CONSTRUCTION ly PERMIT 4� PERMIT APPLICATION FORM DATE: APPLICATION MUST BE FILLED OUT COMPLETELY OR IT MAY NOT BE ACCEPTED X * PERMIT INFORMATION * * * * * * * * * * * * * * * * * * * * * * * * * * * ** [y]- Building [ ]- Plumbing [ ]-Electrical [ ]- Mechanical) [ ] -Other Job Name: S �ob Address: I - < Va��U►U„ Legal Description: Lot Block Filing F-1 SUBDIVISION: Owners Name: W\4c. L- 6wo6cz. Address: I .Aga '5gsw' Ph. y'+4C,•40;� Architect: Address: Ph. General Description: �S `�o� ��� -�RUc Q�S�A4,�cz U` GARy - mAbb of Si"Na, 4 U Work Class: [ ] -New [ ]- Alteration [ ]- Additional [A-Repair [ ] -Other Number of Dwelling Units: 2— Number of Accommodation Units: N mber and Type of Fireplaces: Gas Appliances Gas Logs Wood /Pellet ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** VALUATIONS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDING: $ ELECTRICAL:$ OTHER:; PLUMBING: $ MECHANICAL:$ TOTAL:$ K * CONTRACTOR INFORMATION * * * * * * * * * * * * * * * * * * * * * * * * * ** eneral Contractor: Cf��o Town of Vail Reg. NO. '$ Address Phone Number: Electrical Contractor: Town of Vail Reg. NO. Address: Phone Number: Plumbing Contractor: Town of Vail Reg. NO. Address: Phone Number: Mechanical Contractor: Town of Vail Reg. NO. Address: Phone Number: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR OFFICE USE * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDING PERMIT FEE: �S 1 BUILDING PLAN CHECK FEE: PLUMBING PERMIT FEE: PLUMBING PLAN CHECK FEE: MECHANICAL PERMIT FEE: MECHANICAL PLAN CHECK FEE: ELECTRICAL FEE: RECREATION FEE: OTHER TYPE OF FEE: CLEAN -UP DEPOSIT: (�(� DRB FEE: TOTAL PERMIT FEES: TYPE GFOUP SQ.FT. VALUATION BUILDING: SIGNATURE: ZONING: SIGNATURE: & Z•9 Cgmments• CLEAN UP DEPOSIT REFUND TC ` T - L SST" Cep . mo X85 uoo$ Q9Gf WoP r Project Application ' Date S /0 9� Project Name: e ll- Project Description: Contact Person and Phone Owner, Address and Phone: ct.t-r_ L Po i5 Z Sz 3 -%7�- 709 Architect, Address and Phone: VU �.P C 0 Legal Description: Lot 2 Block Filing U. ",e F— I Zone _ Comments: zil �iLeu� Design Review Board Motion by: _ Seconded by: APPROVAL Date nIQADD0nvni Summary Town Planner Date: 3! - /Li • 9 Y -1-S"taff Approval PLEASE MAKE CHECKS PA� I TO TNP TCWTM 07P ITATT v k 7 x ;ift..vs TOWN OF VAIL DEPARTMENT OF CO MINI ULAITY DEVELOP.NIENT' SALES ACTION FOR.Nl 75 SOUTH FRONTAGE ROAD COTARAD 8 657 DATE ' a IV L " UN X, S 01 0000 41540 I Z CN G AND A DDRESS AP S I 55.00 01( S50.co S36.00 01( JUS L-asl I 532.001 oic ol c 1 S36.001 01 c 01 c 1• J 01 c it S7.001 r.. -,M r7,-- V I Z FIRE FL.; 01 c I 50.25 . 2 • 1 ol c 01 T pai Amour; t P.a 01 61 001, (1 01( 71 7 2 01 c s-,o.00l .01 0.,..,.,a-.,a )lull ^jlrLllk_.'l, 01 0000 41413 1 ADDMONA 1. SIGNAGE FEE (51.00 PER SQ.1 o 01 0000 42� VTC ART PROJ DO,%4 ,'4 APO 01 000 41 31 PRE P .AJD DESIGN REVIEW BOARD FEE 01000042 2 BUILDING—CONSTRUCTION PERMIT COMPUTER DI � KS 5.00 0000 21112 TAX (4%) uk 01 *•Ol 0000 41010 TAX (4%) 01 0000 42371 INVESTIGATION FEE (BUILDING) TOTAL DUE: t 01 000041330 1ADDITIONALGRFA "250" 5200.001 01 0000 41330 1 COND1110NAL USE PERkflT I I 5200.00 01 00W 41330 1EX (LESS THAN 100 SQ.Fr.] S2 2 01 OCOO 413- 1 E X TERIOR ALT I A ION (,\'OR SQ. 0 - r R - P E TH AN I CS Fr) 5500.00 sa 01 0000 41330 (SPECIAL DEVELOP.%E.WDISTRICT [NENVI S1.500.001 01 0000 41330 SPECIAL DEVELOPNIEN7 DISTRICT jlAA)OR AM EN'Q) 51,000.001 0 1 OMI A 13 SPECLt%L DEVELOP,\T,-,NT DISTRICT [N0 AN, FWD I 01 000041330 1 S LIB Dl'vl S I ON ..K 01 0000 4 13 30 VARJAINCE 5250.001 01 0000 41 330 1 ZONrrNG CODE AIM ENDM F_N'TS 52.50.00 I 01 WOO 4 1330 1 RE - ZO.NrU�G 1 5200.001 010000 ENTS A k �,)revised 9/4/91 DRB APPLICATION - TOWN OF VAIL, CoeWq 6 1993 DATE APPLICATION RECEIVED: DATE OF DRB MEETING: * * * * * * * * ** THIS APPLICATION WILL NOT BE ACCEPTED UNTIL ALL REQUIRED INFORMATION IS SUBMITTED I. PROJECT INFORMATION A. DESCRIPTION 4:5 15/ /n CSC ro C C L ✓ 5` v �S 4 r h 3 DO � B. TYPE OF REVIEW: New Construction ($200.00) ` Minor Alteration ($20.00) Addition ($50.00) Conceptual Review ($0) C. ADDRESS: l � L'SC) S l E� i' ru / /Z - . D. LEGAL DESCRIPTION: / Lot s� Block Subdivision !/ u ( t� r , n / If property is described by a meets and bounds legal description, please provide on a separate sheet and attach to this V appl E . ZONING : F. LOT AREA: If required, applicant must provide a current stamped survey showing lot area. G. NAME OF APPLICANT: IG'_ 2G Sl, r✓r Ma li g A dress• Phone 3 u 3 H. NAME OF APPLICANT'S REPRESENTATIVE: !S7e (( Mailing Address: Phone I. NAME OF OWNERS *SIGNATURE (S) : Mailing Addres__ Phone J. Condominium Approval if applicable. K. DRB FEE: DRB fees, as shown above, are to be paid at the time of submittal of DRB application. Later, when applying for a building permit, please identify the accurate valuation of the proposal. The Town of Vail will adjust the fee according to the table below, to ensure the correct fee is paid. 6i FEE PAID: $ FEE SCHEDULE: VAL FEE 0 $ 20.00 10,001 $ 50.00 $ 50,00 1 - $ 150,000 $100.00 $150,001 - $ 500,000 $200.00 $500,001 - $1,000,000 $400.00 $ Over $1,000,000 $500.00 * DESIGN REVIEW BOARD APPROVAL EXPIRES ONE YEAR AFTER FINAL APPROVAL UNLESS A,BUILDING PERMIT IS ISSUED AND CONSTRUCTION IS STARTED. * *NO APPLICATION WILL BE PROCESSED WITHOUT OWNER'S SIGNATURE 1 t_� b II. PRE - APPLICATION MEETING: f A pre - application meeting with a member of the planning staff is strongly encouraged to determine if any additional application information is needed. It is the applicant's responsibility to make an appointment with the staff to determine if there are additional submittal requirements. Please note that a COMPLETE application will streamline the approval process for your project. III. IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB: A. In addition to meeting submittal requirements, the applicant must stake and tape the project site to indicate property lines, building lines and building corners. All trees to be removed must be taped. All site tapings and staking must be completed prior to the DRB site visit. The applicant must ensure that staking done during the winter is not buried by snow. B. The review process for NEW BUILDINGS normally requires two separate meetings of the Design Review Board: a conceptual approval and a final approval. Applicants should plan on presenting their development proposal at a minimum of two meetings before obtaining final approval. C. Applicants who fail to appear before the Design Review Board on their scheduled meeting date and who have not asked in advance that discussion on their item be postponed, will have their items removed from the DRB docket until such time as the item has been republished. D. The following items may, at the discretion of the zoning administrator, be approved by the Community Development Department staff (i.e. a formal hearing before the DRB may not be required): a. Windows, skylights and similar exterior changes which do not alter the existing plane of the building; and b. Building addition proposals not visible from any other lot or public space. At the time such a proposal is submitted, applicants must include letters from adjacent property owners and /or from the agent for or manager of any adjacent condominium association stating the association approves of the addition. E. If a property is located in a mapped hazard area (i.e. snow avalanche, rockfall, flood plain, debris flow, wetland, etc), a hazard study must be submitted and the owner must sign an affidavit recognizing the hazard report prior to the issuance of a building permit. Applicants are encouraged to check with a Town Planner prior to DRB application to determine the relationship of the property to all mapped hazards. F. For all residential construction: a. Clearly indicate on the floor plans the inside face of the exterior structural walls of the building; and b. Indicate with a dashed line on the site plan a four foot distance from the exterior face of the building walls or supporting columns. G. If DRB approves the application with conditions or modifications, all conditions of approval must be resolved prior to Town issuance of a building permit. 2 40 LIST OF MATERIALS 11- 4) NAME OF PROJECT: /-/f 47 ktl i 7 0 � "2 ' e <APnC P LEGAL DESCRIPTION: LOT BLOCK SUBDIVISION STREET ADDRESS: I. e tW sre fI-a nn 2 r—d (f p DESCRIPTION OF P OJECjT: // �`vr� - O G L-e "- C& rr 17 The following information is required for submittal to the Design Review Board before a final approval can be given:: A. BUILDING MATERIALS: TYPE OF MATERIAL ,of COLOR c Roof P 14 f 3,,u Siding � ecl Other Wall Materials Fascia ma o�c> Soffits Windows ff Window Trim ff Doors ` Door Trim ff Hand or Deck Rails ff ReC Flues Flashings Chimneys Trash Enclosures Greenhouses Other B. LANDSCAPING: Name of Designer: Phone: PLANT MATERIALS: Botanical Name Common Name Quantity Size* PROPOSED TREES EXISTING TREES TO BE REMOVED *Indicate caliper for deciduous trees. Minimum caliper for deciduous trees is 2 inches. Indicate height for coniferous trees. Minimum height for coniferous trees is 6 feet. 7 2 PLANT MATERS: Botanical Name Commo ame Quantity Size* +• PROPOSED SHRUBS EXISTING SHRUBS TO BE REMOVED *Indicate size of proposed shrubs. Minimum size of shrubs is 5 gallon. Type Square Footage GROUND COVERS SOD SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL C. LANDSCAPE LIGHTING: If exterior lighting is proposed, please show the number of fixtures and locations on a separate lighting plan. Identify each fixture from the lighting plan on the list below and provide the wattage, height above grade and type of light proposed. D. OTHER LANDSCAPE FEATURES (retaining walls, fences, swimming pools, etc.) Please specify. Indicate heights of retaining walls. Maximum height of walls within the front setback is 3 feet. Maximum height of walls elsewhere on the property is 6 feet. I heavyweight shingle 1 lines. pecifiers. elected high humidity, Jndemi ters laboratories. Tf MBERLINE' ULTRA' I M B E R L I N E S E R I E S F C las s A Asphalt Roof S hingles =40-year in our Timberline Series line. mited Warranty. shingle for durability. ■ Boldest, most dram dimen appeara ■ Best quality, tough, fiberglass construction. ■ Highest protection against fire and wind damage -rated Class A from Underwriters laboratories. ■ Available in the most popular Timberline Series colors. ■ Comes with Fungus -Algae Guard" protection in selected high humidity, ho clim U 8� P � 1► tz NS 8 Co Omni O l GAF BUILDING MATFRIALS SEP 15 '93 05 :57PH BOYLE ENGINEERING INC. VRIL, CO. 101 DD Facsimile Cover Sheet To: Dan Stanick Company: Town of Vail Building Dept. Phone: 479 -2138 Fax: 479 -2157 From: Timothy M. Boyle Company: Boyle Engineering, Inc. Phone: 303/476 -2170 Fax: 303/476 -4383 Date: Pages including this cover page: 9/16/93 2 Comments: P.1 /2 i I SEP 15 '93 05:57PM BOYLE ENGINEERING INC. VRIL, CO.. e- U c— I L - 2/?- ❑ Z:> bDAe vVinw SHEET 143 e. rywcxkm,��ck, 390 q Crom rn shoppri cent – "'A WgW ,,,? C&CULATM 303/476-2170 CHIMD BY DA-M . .1. ........ .. I . . ....... . --to . ...... ... .. . ........ . .. .......... .......... ........ .... ... ..... ..... ...... . . ...... ter. 4 • ... . ....... ......... . .. ...... ...... ... ........ t .. . ............ ......... .. .. .... . .. . .... . .......... ........... .. . ................ . . . . ..... ........ .... -7 —4-1 . . . . . . . . . . . . . . . ... . . . ............ ........... . . . . . . . ......... ...... ........ .. . ...... .... .......... - ... ........... '65 tm 'OF CO . ...... . ... ...... . ......... ... ............ . . . . . ........ . ...... ....... ....... ... ........ . . .......... ...... A%� INSPECTION REQUEST PERMIT NUMBER OF P OJECT TOWN /OF VAIL DATE (o / 1 JOB NAME / CALLER READY FOR INSPECTION: MON TUES WED THUR FRI AM PM LOCATION: BUILDING: ❑ FOOTINGS/ STEEL ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER El PLYWOOD NAILING ❑ INSULATION ❑ SHEETROCK NAIL FINAL ELECTRICAL: ❑ TEMP. POWER • ROUGH • CONDUIT n ❑ FINAL ROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE INSPECTOR "- PRM SHOP L1. From: Sierra Condominium Assoc. BOX 1872 Vail, CO 81658 To: Town of Vail Vail, CO 81658 C4 ? Re: Paving of access driveway and parking area for Sierra Condominiums, and Lot 24 Vail Village West, Filing 1. It is the intention of this Condominium Association and the developer of Lot 24 to grade and pave the parking lot and driveway, the costs of this improvement to be split between the owner of Lot 24, Lloyd Johnson, and this association. Because of the serious inconvenience caused by the building difficulties on Lot 22 and the "Secondary" nature of Sierra Trail we would like to schedule our improvements to incide with the improvements and paving of S' rr rail Unit A (AJ c ael mith Lib y Johnson Unit B - 1e oth Unit &D TerY is her Gp y O z D C) O z N n c O U) v r D m c� O O . a 0 v O n H O r 7 l Pd Ln r \O 00 OD =7 C 7 T sT= > E. 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Q co O C t D Z 1 n CD O _ 3 ^ ` J F CO - 00 NN C- r'' -_ h O z z < �7 Z v ►- m 00 � � m i oo o O U U N O o Z m m z O O SL (n m .x 1 n � �• > c m O (D r 00 m D m m D U) n O Z O -h G> n CD O (D• < C Q Z FP v n =r < O Z o m O O ::E N O 1-- J. .7U F- 1 n D _ rn 1 C N CO - 00 NN m -_ h �7 G O Z VALUATION O m m _ c n O c) n c� D D r v ►- m 00 � � i oo o O U U O O o Z O .x 1 n k O Z O X q D z m O �7 C) O Z Z � II D 1 O R (� O Z r ---1 C K n W Z () C) r � I-M x C n Lo 1 C) D () O Z p m Z C-) x + D r D n I r^ I O z m zJ ��J m W m Z� C) D D r m - -. -n r (•� T T 7 T C7 N (� u T C) - T C- r O O m O A r O i m ➢ F, D Om > O m m -4 m D r i- m Z m A n m ° n oo D o z O Z A O O D T- _ D O m z7 Vl N �J� D D m '1 C D r O Z m ^ �N p. N z N N' m Ln m N T. vmi N Z, L L cn 11 m N N D O m x " Ln 0 O Z ti) OC C O [� 5 I I Cl) z cn -4 �, -+ D -n m D c D W �1 I c z m` m m C) o z z f O D 4-- O m ° 1 = n - N o n 0 I-, O 0 D (n � n O C x --4 m O 0 ` C 0 z z A m cv O C O ` v m N m N Z N O N z D N ^� l v p --4 O f m \ m = 2 y O � m > z J i _ ' L1 Z m co r n m _ � 0 Z z (7 > L7 D D r '- -] DLX - n - p O r c C z K 0 m D Z 0 C' z O z r m O T m m a m t9 � d � 3 � , CID ms O 3 � C O Z CD C m � O _ Z mm N K t, 0 D m O L m n Z O Z m N u D_ O - x T O O m O A i m F, D Om > O m m -4 m D r i- m m A n m z z O Z A O O > O O m z7 N �J� D D m '1 C D r O Z m ^ �N p. N z N N' C) N O m N N D O m x " Ln 0 O Z ti) OC C O [� 5 I I z cn -4 �, -+ D -n m D c D W �1 I c z m` m m C) o z z f O D O m ° 1 = n - N o n 0 I-, O 0 D (n � n O C x --4 m O 0 ` C 0 z z A m cv O C O ` v m N m N Z N O N z D N ^� l v p --4 O f m \ m = 2 y O � m > z v < > m z Z m < D m N D t� I I � jj 1 I CD c -i rr VALUATION z z_ Z \� p n o m m m T m C co I D D S ; z p m m - �z -. L7 r z z n CD 2 z n C ; n r i E c O m z _z C7 C') (� D m C) _ z CD z A O E - „> H Z m O < > x m n C7 z > 1 �) �_ o m ; D - 7 m N F z y ( T cn w O m _ C� zy x3s �' I m X Z = z > s z z M x 2 + C[ C s > I \ m O z z C C> -i 0 \ D j N V -� {, r J, \ O m W V V \ > T - .K Q, mm N K t, 0 D m O L m n Z O 'A99MV F - 1 Na po , boyle engineering, inc. 143 e. meadow dr. suite n -10 crossroads shopping center vail, colorado 81657 303/476 -2170 November 20, 1981 G Mr. Gary Murrain Town of Vail Building Department 75 South Frontage Road Vail, Colorado 81657 Subject New Foundation on Lot 24, Vail Village West, Filing #1, Vail, Colorado Dear Gary: This will confirm that I have reviewed the grade situation between the road and the above referenced foundation. A theoretical 45 degree line sloping downward from the front of the footings would not intersect the cut just above the road. Therefore it is my opinion that no new retaining structure is required to contain this cut as no new lateral load will be imposed on it by the new foundation. � e 14965 0 e ��A ° F emo��A n�ma ° ©Q !F CF ( - "3 town of Voi box 100 vail, colorado 81657 (303) 476 -5613 October 5, 1981 Lloyd Johnson Drawer F -100 Avon, Colorado 81620 Dear Lloyd: RE: DRB Submittal of 9 -30 -81 At their meeting of September 30, 1981, the Design Review Board gave final approval to your submittal for a single family unit with a secondary unit as an employee housing rental unit. You have signed an agreement as to the second unit being dedicated as employee housing. You now need to satisfy ` #4 of the agreement - 4. A declaration of covenants and restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approve.' by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land. The recording shall occur prior to the issuance of a certificate of occupancy for said unit. Also, prior to any issuance of a building permit a letter stating that the driveway will be paved must be submitted to the Town Staff. If you have any questions, please contact me. Sincere Peter amar Town Planner department of community development PJ :df APPLICATION FOR SECONDARY UNIT FOR LOTS OF LESS THAN 15,000 SQUARE FEET IN THE RESIDENTIAL ZONE DISTRICT AND IN THE PRIMARY /SECONDARY RESIDENTIAL ZONE DISTRICT I. A. WE OF PETITIONER GG6 -y6 _ ,A. JEf/��0� . . ADDRESS `V� p 0 �(cSQ_PHONE 6 z B. NAME OF PETITIONER'S REPRESENTATIVE 044/f_ ADDRESS C. AUTHORIZATION OF PROPERTY OWNER OR OWNERS SIGNATURE _p Ef (j, s6fiCR+J /'V�__ ADDRESS 90p1( 4 p . Y6 5 PHONE - W Z D. LOCATION OF PROPOSAL ADDRESS (M S M k9 ,-+ I — RA((_ VAf -, C g16s`4 LEGAL DESCRIPTION: Lot A4 Block Filing & i/U40* E. FEE: $100 plus an amount equal to the then current first -class postage rate for each property owner to be notified hereunder. F. A list of the names and mailing addresses of owners of all property adjacent to the subject property. II. CRITERIA The Community Development Department and Design Review Board may grant an exception to allow the addition of a second dwelling unit if the following criteria are met: 1. The second unit shall not exceed forty percent of the total GRFA allowed on the lot; and 2. The Community Development Department shall find that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated; and P1]ONE 3. That no variances for setbacks, height, parking, site coverage or landscaping, site development or gross residential floor area would be approved unless the granting of such a variance benefits the visua71 appearance of the site and surrounding area; and ' Application for S ry Unit -2- 4. That fifty percent of the required parking must be enclosed, and S. The architectural design of the structure and the materials and colors must be visually harmonious with their sites and with surrounding sites and structures, and must not unnecessarily block scenic views from existing buildings; and 6. Access to the secondary unit must not adversely affect the privacy of adjacent structures; and 7. The applicant must demonstrate that the site has the ability to double its capacity for handling trash and outdoor storage. III. RESTRICTIONS Pursuant to Ordinance 22, Series of 1981 of the Town of Vail, prior to issuance L _ of a building permit, an agreement to the following conditions must be signed by the property owner or owners on a form provided by the Department of Community Development: 1. That the secondary dwelling unit shall not be sold, transferred or conveyed separately from the primary unit for a period of not less than the life of Trent William Ruder, a life in being, plus twenty -one (21) years from the date that the Certificate of Occupancy is issued for said second unit, and 2. That the secondary dwelling unit shall not be leased or rented for any period of less than thirty (30) consecutive days, and that if it shall be rented, it shall be rented only *.o tenants who are full time employees in the Upper Eagle Valley. The "Upper Eagle Valley" shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle -Vail, and Avon and their surrounding areas. A "full -time employee" is a person who works an average of thirty (30) hours per week, and 3, That the secondary dwelling unit shall not be divided into any form of timeshares, interval ownership or fractional fee, and 4. That a declaration of covenants and restrictions shall be filed of record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land. IV. TIME REQUIREMENTS The Design Review Board meets on the 1st, 3rd, and Sth Wednesdays of each month. The p- roposed plan and all required materials must be submitted 17 days prior to the date of the meeting. r es Pursuant to Ordinance 22, Series of 1981, of the Town of Vail, I, the undersigned, as owner of Lot 24- -, Block V YNLA �j Subdivision, do hereby agree that: 1. The secondary dwelling unit shall not be sold, transferred or conveyed separately from the primary unit for a period of not less than the life of Trent William Ruder, a life in being, plus twenty -one (21) years from the date that the Certificate of Occupancy is issued for said second unit, and 2. The secondary dwelling unit shall not be leased or rented for any period of less than thirty (30) consecutive days, and that if it shall be rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The "Upper Eagle Valley" shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle -Vail, and Avon and their surrounding areas. A "full -time employee" is a person who works an average of thirty (30) hours per week, and 3. The secondary dwelling unit shall not be divided into any form of timeshares, interval ownership or fractional fee, and 4. A declaration of covenants and restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to insure that the restrictions herein shall run with the land. The recording shall occur prior to the issuance of a certificate of occupancy for said unit. Owner DECLARATION OF COVENANTS, CONDITIONS AND RESERVATIONS FOR Lot 24, Vail Village West, Filing No. 1 Town of Vail, Eagle County, Colorado RFCTTALS 1. Lloyd A. Johnson, ( "Declarant ") is the owner of the real property situate in the County of Eagle, State of Colorado, described as Lot 24, Vail Village West, Filing No. 1. 2. Declarant has constructed on Lot 24, Vail Village West, Filing No. 1, a building consisting of two units, each designed and intended for use and occupancy as a residental dwelling unit. The larger being hereinafter termed "primary" and the smaller being hereinafter termed "secondary ". 3. That the building was constructed under an exception granted by the Town of Vail under the provisions of Vail �'dunicipal Code 518 -13 -080, et seq., 1981. DECLARATION Declarant, does hereby: publish -and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land described herein, shall be a burden and a benefit to Declarant, his personal representatives, heirs, successors and assigns and any person acquiring or owning an interest in the real property which is described herein and improvements built thereon, their grantees, personal representatives, heirs, successors and assigns. SUBDIVISION RESTRICTION: That the real property may not be subdivided or either unit sold, transfered or conveyed separately from the other during the duration of this declaration. The property shall for all purposes be described and conveyed as: Lot 24, Vail Village West, Filing 2do. 1, County of Eagle, Colorado, and any conveyance of the property shall contain a reference to this Declaration and the date, book and page of recording in the office of the Clerk and Recorder of Eagle County, Colorado. RENTAL RESTRICTION That the secondary dwelling unit shall not be leased or rented for any period of less than thirty consecutive days, and that if it shall be rented it shall be rented only to tenants who are full -time employees in the upper Fagle Valley. The Upper Eagle Valley shall be deemed to include the Core Valley, rIinturn, Red Cliff, Gilman, Eagle -Fail, and Avon and their surrounding areas. A full -time employee is a person who works an average of thirty hours per week. E U J USE RESTRICTIONS: (a) Each unit shall be restricted to a residential dwelling as a permitted use, and such use as well as conditional and accessory uses shall be defined by the Town of Vail Zoning Ordinances and Restrictions and Covenants for Vail Village West, Filing No. 1, Eagle County, Colorado. (b) No exterior mounted radio, shortwave, television or other type of antenna whatsoever or tank of any kind, either elevated or buried, or clothesline or incinerator of any kind whatsoever or outside storage of any personal property shall be permitted or maintained on either unit without the prior written approval of the owner of the property. (c) No "time sharing ", "interval ownership" or similiar interest, whereby ownership of a unit is shared by owners on a time basis, shall be established on without modification of this Declaration. Which modification shall be reflected in a document of record. DURATION OF DECLARATION: Each provision contained in this Declaration which is subject to the laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienantion shall continue and remain in full force and effect for the period of 21 years following the death of Trent Ruder, or 'until this Declaration is terminated as hereinafter provided, whichever first occurs. AMENDMENT OR REVOCATION This Declaration may be amended or revoked only upon unanimous written approval in recordable form of all owners, all lienors holding a first mortgage or first deed of trust of record on any portion of the property, and the Town of Vail. EFFECT OF PROVISIONS OF DECLARATION: Each provision of this Declaration, and agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration: (i) shall be deemed incorporated. in 'each deed or other instrument by which any right, title or interest in any portion of the property is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, title or interest in any portion of the property by an owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such owner and, as a personal covenant, shall be binding on such owner and his heirs, personal representatives, successors and assigns; and, shall be deemed a personal covenant to, with and for the benefit of each owner of any portion of the property; and (iii) shall be deemed a real covenant by Declarant, for himself, his heirs, personal representatives, successors and assigns, and also an equitable servitude, running in each case, as a burden with and upon the title to each and every portion of the property. '-ENFOR AND REMED IES: (a) Each provision of this Declaration shall be enforceable by any owner or the Town of Vail by a proceeding for a prohibitive or mandatory injunction or by a suit '-r action to recover damages. If court proceedings are instituted in connection with the rights of enforcement 9 U �medies provided in this Declaration, the prevailing YarLy shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorney fees. (b) Each owner hereby agrees that any and all actions in equity.or at—law which are instituted to enforce any provision hereunder shall be brought in and only in the District Court of Eagle County, State of Colorado. (c) Failure to enforce any provision of this Declaration shall not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision of this Declaration. EXERCISE OF RIGHTS Any exercise of any right granted hereunder shall be exercised in a manner which shall not unreasonably hinder, impede or impose upon the owner's use of his property. SUCCESSORS AND ASSIGNS: Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of Declarant and each owner and the heirs, personal representatives, successors and assigns of each. SEVERABILITY: Invalidity or unenforceability of any provisions of this Declaration in whole or in part shall not effect the validity or enforceable part of a provision of this Declaration. CAPTIONS The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. CONSTRUCTION: When necessary for proper construction, the masculine of any word used in this Declaration shall include the feminine or neuter gender, and the singular the plural and vice versa. IN WITNESS WHEREOF Declarants have executed this Declaration this day of July, 1982. STATE OF COLORADO ) SS COU14TY OF EAGLE ) LLOYD A. HNSON Subscribed and sworn to before me July, 1982 by Lloyd A. Johnson. this j J day of Witness my hand and official seal. My commission expires: f l . : L � i J`J`t 1p "i S ` `4 Notary P "ublic Address: J *1,� �I. OF MATER l NAMIi 0I' IIIt0,J1:Cl L , �o /�lfo� �E �i.�E/c -, I,GGAI. DESCIM"I'ION; LOT ,?I/- _BLOCK_ F1L1NG V# , (I cdfi Fib, j III: OF PR0Jl:Cl• /C tt,.a fc/Ge, l4 7 - ff /I�JE /�i�� e6yr /1-L The following information is required for submit(al by the applicant to the Design Review Board before a final approval can be liven; A. BUILDIN Mn1'1:RIAl.s Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Moor Trim )land or Deck Rails I lues 1 :IashiD( Chimneys Trash Enclosures Greenhouses Other Tyn � of M.It 1 Color S , , Al o y ( 6r •1 y B PLANT MA I I!UI AI •S (VeL;etat i Lal�;Isc ;!t!inl; D1:,trrial i nc1iid nl;�'!'recs, Shrubs, and Ground Cover) Common Pl:11141 Qunnt i t y ?0=1 I44 1 L LA s� L �kov�. Project Application Project Name: Project Description: 1 0 Date Contact Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description: Lot Comments: Block Filing � Zone V IAV /7 Design Review Board Motion by: Seconded by:� A000nvAi 6�;7 Date DISAPPROVAL WaYAN Summary: 4i/11S / 111 / f'l v5 Towp Planne / �,� Date: ❑ Staff Approval the prinNryivan U W / / To Whom it may concern; HIGH SIERRA DEVELOPERS, INC. P.O. Box 1872 Vail, Colorado 81657 Phone: (303) 476 -2521 For dealings with the Town of Vail in.matters regarding lot 24, Vail Village West Filing 1, Lloyd Johnson is acting on behalf of High Sierra Developers, Inc., owners of said lot, in his capacity as director. W. Wezwick, President / for High Sierra Developers, Inc., a Colorado Corporation. l� Z ONE CH ECK for SFR, R, R P/S ZONE DISTRICTS Legal Description: Lot Block Filing V- Owner Architect 7one' District ! At �' Proposed Use Lot Area /, 5 0 fight Al1o;.red Proposed / Setbacks: Front - Required 20' � Sides- Required 15' Proposed 0 .4 Rear - Required 15' Proposed Q� l atercourse- required Proposed GRFA: Allowed 1p��J�. � �, �� �- sib Proposed _opo GRFA: Primary AlIowed 17Y Primary Proposed Secondary Allowed _ �1�� Secondary Proposed 670 Site Coverage: Allowed a37a _ Proposed Landscaping: Required 1 7_ Proposed Parking:. Required CO Prop,^ -ed _ Drive: Slope Permitted /V Slope Actual Environfiiental /11azards: Avz lanche IV Flood Pain Slope Corfinents : Da I ENGIN C LIST 1. Sub Ite (Acceptable) (Not Acceptable) (A) Topo Nap �, (B) Site P1an _z_ (C) Utility Plan ,x ���, a ( c, D) Titl e Re t por (E) Subdivision Agreement (if applicable) 2. �ngineerin Requirements (A) Culvert Size u�c (B) Uri vei Gr 8:� m z.de max ' - ( Actual -- Z- z- - S `a 3. S ource of Uti lities (A) Electric (B) Gas -- (C) Se,„,e�, _ (D) t-la 4:.e r (E) TeIep1;orie (F) T.V. - - -- - -- 4. Comments: J e4 ✓c- vAP�Ay �¢Ee�3r'' Ar ' WAF Approved: 8� _ Disapproved: Subdivision VA,C Lot 24. Block Filing E Uepartwi-n of Public Works nil, t Andre-,.,s Project Application Date 4u-�' • / / Project Name: H S ©� '` �� E'JC E-- y Project Description: C C. PL- Contact Person and Phone �D ��� �6 6aZ �� 4ibti44 Owner, Address and Phone: 1f86 Architect, Address and Phone: �Fl �' FigA'JI'(L IW 9`1 L4 P L - 0tLey �S 5 - AV 04 1 4^ E /bJ-.e) . Legal Description: Lot 024- Block Filing Y dfL V -. U J Zone Comments: 6l rN Design Review Board Date Motion by: - /'hI4 i�" Seconded by: APPROVAL DISAPPROVAL ❑ Staff Approval Date the printery-vail 0 RECEIPT — The Town of Vail DATE 119 RECEIVED FROM ADDRESS K N? 14885 DOLLARS$ Permit Numbers Police Receipt Numbers HOW PAID —Cash Check By N DR. JEFFE6 )N A. ROTH CHIROPRACTOR P.O. BOX #2809 VAIL, COLORADO 81657 303- 949-6244 August To Whom It May Concern; We, the undersigned membe3 Sierra Trail Condominiums Asso: that the use of our parking are disrupted by any adjacent landc According to the developer plans, three already establishe needed parking spaces will be c This will create a very diffict situation when the snow begins and parking on the street is pi We, the undersigned membez Sierra Trail Condominiums Asso therefore protest any adjacent that will interfere with the us driveway and parking lot. s 0 Q O boyle engineering, inc. 143 e. meadow dr. suite n -10 crossroads shopping center 4 J vail, colorado 81657 303/476 -2170 0 July 14, 1981 Mr. Lloyd Johnson P. 0. Box 1872 Vail, Colorado 81658 Subject Lot 24, Sierra Trail, Vail, Colorado Dear Lloyd: This letter will confirm that we have reviewed both the soils report and our concrete retaining wall design for the above -noted lot. Furthermore, we have investigated the possibility of using the up -slope concrete wall as a foun- dation wall for your proposed new structure. We feel that it is totally feasible to cantilever your proposed structure over the existing wall with part of your new building being immediately adjacent to the same. This cantilever should ideally be in the four to five foot range. We also understand that we shall be doing the foundation design for this new structure and look forward to working with you on the same. Sincerely � 1 Timothy Iv Bo _ l e TMB:cdb �y �z {I I. ?` a-,°' A,, ��� Cs CO �� 6 U/k,r / 7 Jor-y R i ¢ � - 9' S. q env �-aaa r/ Co . ev '41�� , oZ . r • 0 UTILITY _LOCATION VERIFICA SUBDIVISION (L __ VR 44�q rit . / JOB NAME -Toyt'(SCv. LOT 4 9 BLOCK V L/ k) . FILING 0 ve- ADDRESS The location: of utilities, whether they be main trunk lines or proposed lines, must be approved and verified by the following utilities for the accompanying site plan. Date Mountain Bell Western Slope Gas Public Service Company Holy Cross Electric Assoc. Vail Cable T.V. Upper Eagle Valley Rater and Sanitation District -z.9 R/ 44 NOTE: These verifications do not relieve the contractor of his responsibility to obtain a street cut permit from the Town of Vail, Department of Public Works and to obtain utility locations before digging in any public right- of -way or easement in the Town of Vail. A building permit is not a street cut permit. A street cut permit must be obtained separately. This form is to verify service availablity and location. This should be used in conjunction with preparing your utility plan and scheduling installations. Authorized COMMITMENT TO INSURE This commitment was produced and issued through the office of LAND TITLE GUARANTEE COMPANY P. O. BOX 357,108 SO. FRONTAGE ROAD WEST, VAIL, COLORADO 81657 Telephone (303) 476 -2251 Countersigned: \ "``�L0 1 1 (. 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" Appl>cation No. VOUU3O18-2 For lnl�ormation Only - Charges Owner Policy PRELIMINARY $35.00 - - TOTAL - - $35.00 With your remittance please refer tn V00030113-2. j. Effective Date JULY 22 1981 at 8;UU A.M. 2. Poiicy Lo be issued, and proposed lnsureI� "ALTAo 0wner`s Policy TBD Form B-197O (Amended 1U'1/-7U) Proposed Insured; [8D 3. The estate or interest in the land described or referred to io this Commitment and covered herein is; A FEL itle to the estate or interest covered herein is at the effect ate hereof veste n� lSH SIERRA DEVELOPERS, INC. A Colorado Corporation 5- The land referred to in this Cummitment is described as fnllows; LOT 24 VAIL VILLAGE HEST F}LING NO. 1, ACCORDlNG TO TH[ KECORDED PLAT TNEREOF, COUNTY OF EA E. STATE OF COLORAD0. ������ SCANNED . . . ` �LTA C0MM( 7M[NT SCHEDULL 8-1 , (Reqwirements) Application No. VO003O18-2 The F are t- he requiremen�,s tu be cumpiied with; 1. /'ayment to mr fu, the account of the or mortgagors of the fu!l consideration for the estote or intarest to be insured, 2. Proper instrument(s) creatiny the estate or intere!st to be insured must be executed 6 nd doly filed for record, to - wit; ALTA COMMITM[NT SCHEDULE B-2 ' (Exceptions) Application No. VO0O3018-2 The policy or policies to following unless the same Company; I. Standard Exceptions 1 6, Taxes and assessments not yet certified to he issued will contain are disposed of to the through 5 printed on t not yet due or payable the Treasurer's office. exceptions to the satisfaction of the he cover sheet, and special assessments Y. Any unpaid taxes or assessments against said land. B. Liens for unpaid water and sewer charges if any. 9, RIGHTS OF HAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 301. 10. RESTRICTIVE COVENANTS, WHICH D0 NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 25, 1963 IN BOOX 178 AT PAGE 149, AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 06 1963 IN BOOK 178 AT PAGE 345, 11. UTILITY EASEMENTS 5 FEET IN WIDTH ALONG ALL REAR AND SIDE LOT LINES AS RESERVED ON THE PLAT OF VAIL VILLAGE WEST, FILING NO. 1. SCANNED ��'���~�N»�0��m�~m�� LAND TITLE GUARANTEE COMPANY 3665 Cherry Creek North Drive Denver, CO 80209 321 -1880 13693 East Iliff Avenue Denver, CO 80232 751 -4336 8333 Greenwood Boulevard Denver, CO 80221 427 -9353 3110 S. Wadsworth Boulevard Suite 102 Denver, CO 80227 988 -8550 830 Kipling Street Lakewood, CO 80215 232 -3111 P. 0. Box 2280 Breckenridge, CO 80424 453 -2255 303 South Cascade Colorado Springs, CO 80903 634 -4821 1211 Main Avenue Durango, CO 81301 247 -5860 P. 0. Box 357 108 So. Frontage Road West Vail, CO 81657 476 -2251 3600 S. Yosemite, Suite 350 Denver, CO 80237 779 -0220 650 -17th Street Denver, CO 80202 629 -7329 9725 E. Hampden, Suite 103 Denver, CO 80237 750 -8424 COMMITMENT TO INSURE This commitment was produced and issued through the office of LAND TITLE GUARANTEE COMPANY P. O. BOX 357,108 SO. FRONTAGE ROAD WEST, VAIL, COLORADO 81657 Telephone (303) 476 -2251 Title Insurance Company of Minnesota is a subsidiary of Minnesota Title Financial Corporation. NASDAQ Symbol — MTIT. 2'4 4" INCTION REQUEST PERMIT NUMBER OF PROJECT""""`� TOWN OF VAIL DATE JOB NAME ��^oti�� 1��s�cd�r�cP Y C A L L E R C� I rs a -re— < , �r c, r — READY FOR INSPECTION: MON TUES WED THUR FRI AM PM LOCATION: ` I k Q rt i V- 11 `` `� R :� � r f 0 to A V , li a ,-�. c j .e5� A - BUILDING: Cl FOOTINGS / STEEL ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER El PLYWOOD NAILING ❑ INSULATION ❑ SHEETROCK NAIL FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ FINAL kPPROVED RRECTIONS: ❑ DISAPPROVED A.�{ PLUMBING: • UNDERGROUND • ROUGH / D.W.V. • ROUGH / WATER • GAS PIPING • POOL/ H. TUB ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR ❑ FINAL ❑ REINSPECTION REQUIRED DATE INSPECTOR the printery Iva,T INSPECTION REQUEST TOWN OF VAIL DATE , °� JOB NAME CALLER READY FOR INSPECTION: MON2 TUES WED THUR FRI AM LOCATION: ilrt - 1;Lc [ 1 BUILDING: PLUMBING: ❑ FOOTINGS / STEEL ❑ UNDERGROUND • FOUNDATION / STEEL ❑ ROUGH / D.W.V. _ • FRAMING ❑ ROUGH / WATER ❑ ROOF & SHEER ❑ GAS PIPING PLYWOOD NAILING ❑ INSULATION ❑ POOL / H. TUB ❑ SHEETROCK NAIL ❑ ❑ ❑ EXEINAL. p e� 1 ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT n ❑ F I N4 �rPPROVED / / CORRECTIONS: MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR n ❑ FINAL ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE INSPECTOR the pdn*ry/vail INSPECTION REQUEST TOWN OF VAIL DATE / I f/ JOB NAME — / Ci Gl J/ h S " - CALLER READY FOR INSPECTION: MON UES WED THUR FRI LOCATION: BUILDING: D` FOOTINGS / STEEL ! • FOUNDATION / STEEL • FRAMING ❑'INSULATION • SHEETROCK NAIL n ❑ FINAL PLUMBING: • UNDERGROUND • ROUGH / D.W.V. • ROUGH / WATER • GAS PIPING — ❑ POOL/ H. TUB _ ❑ FINAL ELECTRICAL: MECHANICAL: • TEMP. POWER ❑ HEATING • ROUGH ❑ EXHAUST HOODS • CONDUIT ❑ SUPPLY AIR ❑ ❑ ❑ F AL ❑ FINAL 6 - APPROVED ED CORRECTIONS: DATE / /- la a INSPECTOR PM the printerywas] DATE l I 0 JOB NAME INSPECTION REQUEST b o � � �� TOWN OF VAIL \� CALLER 1" Al N S 0 C READY FOR INSPECTION: MON TUES WED �UR FRI LOCATION: 1�2 Y () _ = f e y t_ :LVC+ "_l BUILDING: PLUMBING: K FOOTINGS / STEEL �/�� ❑ UNDERGROUND ❑ FOUNDAT!ON / STEEL ❑ ROUGH / D.W.V. ❑ FRAMING ❑ ROUGH / WATER ❑ INSULATION ❑ GAS PIPING ❑ SHEETROCK NAIL ❑ POOL/ H. TUB ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ FJI>IAL ROVED CORRECTIONS: _ MECHANICAL: _ ❑ HEATING _ ❑ EXHAUST HOODS ❑ SUPPLY AIR - -- ❑ -- ❑ FINAL ❑ DISAPPROVED 0 AM PM ❑ REINSPECTION REQUIRED DATE l�� �Z INSPECTOR the printery /van • DATE �� JOB NAME READY FOR IN MO LOCATION: / O 0 � FRI fl PM BUILDING: PLUMBING: ❑ FOOTINGS/ STEEL ❑ UNDERGROUND 4 / FOUNDATION / STEEL ❑ ROUGH / D.W.V. ❑ FRAMING ❑ ROUGH / WATER ❑ INSULATION ❑ GAS PIPING ❑ SHEETR CK NAIL ❑ POOL / H. TUB ❑ FINAL ❑ FINAL ELECTRICAL: • TEMP. POWER • ROUGH • CONDUIT F ❑ FINAL ;L CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE INSPECTOR INSP CTION REQUEST TOWN OF VAIL d og Ail CALLER 1 • c r -�� TU�S WED THUR MECHANICAL: ❑ HEATING • EXHAUST HOODS • SUPPLY AIR ❑ FINAL tM printery /vad a DATE JOB NAME CALLER MON TUES WED READY FOR INSPECTION LOCATION: BUILDING: / PLUMBING: 6 FOOTINGS / STEEL AW OW ❑ UNDERGROUND !! ❑ / STEEL ❑ ROUGH / D.W.V. • FRAMING ❑ ROUGH / WATER • INSULATION ❑ GAS PIPING ❑ SHEETROCK NAIL ❑ POOL/ H. TUB _ ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ ,FINAL E /APPROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE z `'��� INSPECTOR THUR FRI AM PM INSPECTION REQUEST TOW OF VAIL p ( MECHANICAL: ❑ HEATING - • EXHAUST HOODS • SUPPLY AIR ❑ FINAL the prinMry/vail INSPECTION REQUEST '' /. r TOWN OF VAIL DATE JOB NAME C1 c.. p is 7 CALLER READY FOR INSPECTION: ( MON� C. TUES WED THUR FRI AM O LOCATION: S Y ►. <, BUILDING: ❑ FOOTINGS/ STEEL FOUNDATION / STEEL ❑ FRAMING • INSULATION • SHEETROCK NAIL El ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ FINAL ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ FINAL ❑ APPROVED A SAPPROVED _q- INSPECTION REQUIRED CORRECTIONS: DAT - 3 ,� INSPECTOR Nw prin*ry /vail PLUMBING: • UNDERGROUND • ROUGH / D.W.V. ❑ ROUGH/ WATER ❑ GAS PIPING ❑ POOL/ H. TUB El ❑ FINAL MECHANICAL: ❑ HEATING — DATE 1 '� JOB NAME READY FOR INSPECTION: MON LOCATION: . )I [WA-- FRI AM' PM BUILDING: PLUMBING: ❑ FOOTINGS/ STEEL ❑ UNDERGROUND FOUNDATION / STEEL +S �' ❑ ROUGH / D.W.V. ❑ FRAMING ❑ ROUGH / WATER • INSULATION ❑ GAS PIPING • SHEETROCK NAIL ❑ POOL/ H. TUB _ ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ FINAL OK-APPROVED ❑ DISAPPROVED ❑ REINSPECTION REQUIRED CORRECTIONS: DATE /Z 2 INSPECTOR CALLER " y TUES WED THUR INSPECTION REQUEST TOWN OF VAIL MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ -- ❑ FINAL Ow printery DATE READY FOR INSPECTION LOCATION: BUILDING: PLUMBING: • FOOTINGS / STEEL ❑ UNDERGROUND • FOUNDATION / STEEL ❑ ROUGH / D.W.V. • FRAMING ❑ ROUGH / WATER ROOF & SHEER ❑ PLYWOOD NAILING ❑ GAS PIPING • INSULATION ❑ POOL / H. TUB • SHEETROCK NAIL ❑ ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: • TEMP. POWER • ROUGH • CONDUIT n ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR n ❑ FINAL ❑ APPROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE JOB NAME CALLER MON TUES INSPECTION REQUEST TOWN OF VAIL WED THUR FRI AM PM INSPECTOR the printery —! INSPECTION REQUEST TOWN OF VAIL DATE READY FOR INSPECTION LOCATION: JOB NAME CALLER MON TUES WED THUR FRI AM PM BUILDING: PLUMBING: • FOOTINGS / STEEL ❑ UNDERGROUND • FOUNDATION / STEEL ❑ ROUGH / D.W.V. • FRAMING ❑ ROUGH / WATER ❑ ROOF & SHEER ❑ GAS PIPING PLYWOOD NAILING • INSULATION ❑ POOL / H. TUB • SHEETROCK NAIL ❑ ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: • TEMP. POWER ❑ HEATING • ROUGH ❑ EXHAUST HOODS • CONDUIT ❑ SUPPLY AIR ❑ ❑ ❑ FINAL ❑ FINAL ❑ APPROVED Q DISAPPROVED ❑ REINSPECTION REQUIRED CORRECTIONS: DATE -5" �7 INSPECTOR the prinlery -o (4v DATE o O JOB NAME INSOtCTION REQUEST TOWN OF VAIL v CALLER (Z READY FOR INSPECTION: MON TUES ED ^ THUR FRI r ` A - PRA ' LOCATION: ,� ='1 L" 2 �_!C 11 BUILDING: • FOOTINGS / STEEL • FOUNDATION / STEEL • FRAMING ROOF & SHEER ❑ PLYWOOD NAILING • INSULATION • SHEETROCK NAIL — ❑ FINAL ELECTRICAL: 0 TEMP POWER • ROUGH • CONDUIT ❑ FINAL ❑ APPROVED ❑ DISAPPROVED ❑ REINSPECTION REQUIRED CORRECTIONS: DATE INSPECTOR r PLUMBING: • UNDERGROUND • ROUGH / D.W.V. • ROUGH/ WATER • GAS PIPING — ❑ POOL / H. TUB I ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR ❑ FINAL so prhory/ml DATE JOB NAME INSPECTION REQUEST TOWN OF VAIL CALLER L1 - READY FOR INSPECTION: MON TUES ( WED THUR FRI AM PM LOCATION: f BUILDING: PLUMBING: • FOOTINGS / STEEL ❑ UNDERGROUND • FOUNDATION / STEEL _ ❑ ROUGH / D.W.V. • FRAMING ❑ ROUGH / WATER • ROOF & SHEER ❑ GAS PIPING PLYWOOD NAILING • INSULATION ❑ POOL / H. TUB ❑ SHEETROCK NAIL ❑ ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: • TEMP. POWER ❑ HEATING • ROUGH ❑ EXHAUST HOODS • CONDUIT ❑ SUPPLY AIR ❑ FINAL ❑ FINAL C..�' f��E. . /mar a ''`f i j.�. / '!� b '\ ' f ^�''� •1 y 6 G f y.4 Ole 4,9:;^� DATE / - " cr2— INSPECTOR ❑ APPROVED /f' I ❑ DISAPPROVED ❑ REINSPECTION REQUIRED INSPECTION REQUEST TOWN OF VAIL DATE READY FOR INSPECTION LOCATION: JOB NAME CALLER MON TUES WED THUR FRI AM PM BUILDING: PLUMBING: • FOOTINGS / STEEL ❑ UNDERGROUND • FOUNDATION / STEEL ❑ ROUGH / D.W.V. • FRAMING - h ❑ ROUGH / WATER • ROOF & SHEER ❑ GAS PIPING PLYWOOD NAILING • INSULATION ❑ POOL / H. TUB • SHEETROCK NAIL ❑ ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: • TEMP. POWER ❑ HEATING • ROUGH ❑ EXHAUST HOODS • CONDUIT ❑ SUPPLY AIR _ ❑ FINAL ❑ FINAL ❑ APPROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE INSPECTOR runrr�r.y DATE �0 Z 2- /? v JOB NAME CALLER MON TUES WED THUR FRI READY FOR INSPECTION: LOCATION: INSPECTION REQUEST TOWN OF VAIL AM PM BUILDING: • FOOTINGS/ STEEL _ • FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER ❑ PLYWOOD NAILING • INSULATION • SHEETROCK NAIL — n PLUMBING: • UNDERGROUND _ • ROUGH / D.W.V. _ • ROUGH / WATER _ • GAS PIPING ❑ POOL / H. TUB n ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: • TEMP. POWER ❑ HEATING • ROUGH ❑ EXHAUST HOODS • CONDUIT ❑ SUPPLY AIR _ ❑ ❑ ❑ FINAL ❑ FINAL _ DATE _ INSPECTOR the printery -gad ❑ APPROVED ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE T ` JOB NAME READY FOR INSPECTION: LOCATION: 1 BUILDING: ❑ FOOTINGS / STEEL _ • FOUNDATION / STEEL • FRAMING ROOF & SHEER ❑ PLYWOOD NAILING • INSULATION • SHEETROCK NAIL — n ❑ FINAL ELECTRICAL: • TEMP. POWER • ROUGH • CONDUIT n ❑ FINAL ❑ APPROVED CORRECTIONS: DISAPPROVED INSCTION REQUEST TOWN OF VAIL THUR FRI PLUMBING: • UNDERGROUND _ • ROUGH / D.W.V. • ROUGH / WATER _ • GAS PIPING • POOL/ H. TUB 171 El ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR El ❑ FINAL INSPECTION REQUIRED DATE INSPECTOR CALLER MON TUES WED AM PM IM pin%ghail INSnCTION REQUEST TOWN OF VAIL DATE READY FOR INSPECTION LOCATION: BUILDING: • FOOTINGS/ STEEL _ • FOUNDATION / STEEL • FRAMING ROOF & SHEER ❑ PLYWOOD NAILING ❑ INSULATION Ip SHEETROCK NAIL — n ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT n ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR n ❑ FINAL ❑ FINAL ❑ APPROVED 0 DISAPPROVED ❑ REINSPECTION REQUIRED CORRECTIONS: + -4o; !1 P DATE INSPECTOR the printery vad JOB NAME CALLER MON TUES WED THUR FRI PLUMBING: • UNDERGROUND _ • ROUGH / D.W.V. • ROUGH / WATER _ • GAS PIPING • POOL / H. TUB n AM PM DATE JOB NAME INSPECTION REQUEST TOWN OF VAIL CALLER Z.'/ READY FOR INSPECTION: MON TUES WED THUR FRI LOCATION: AM PM BUILDING: • FOOTINGS / STEEL _ • FOUNDATION / STEEL • FRAMING ROOF & SHEER El PLYWOOD NAILING ❑ INSULATION `la SHEETROCK NAIL _ PLUMBING: • UNDERGROUND _ • ROUGH / D.W.V. • ROUGH / WATER _ • GAS PIPING • POOL/ H. TUB n n ❑ FINAL ❑ FINAL -- ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING • ROUGH ❑ EXHAUST" HOODS • CONDUIT ❑ SUPPLY AIR ❑ FINAL ❑ FINAL ❑ APPROVED ❑ DISAPPROVED ❑ REINSPECTION REQUIRED CORRECTAONS: DATE INSPECTOR the printery — �. PLUMBING: • FOOTINGS / STEEL ❑ UNDERGROUND INSPECTION REQUEST DATE �7 JOB NAME �` / 0 �', TOWN OF -J,) VAIL CALLER READY FOR INSPECTION: MON TUES WED THUR fDRI LOCATION: 41 :. / - 2 t AM PM BUILDING: PLUMBING: • FOOTINGS / STEEL ❑ UNDERGROUND • FOUNDATION / STEEL ❑ ROUGH / D.W.V. • FRAMING ❑ ROUGH / WATER • ROOF & SHEER ❑ GAS PIPING PLYWOOD NAILING • INSULATION ❑ POOL / H. TUB • SHEETROCK NAIL ❑ ❑ ❑ ❑ FINAL ❑ FIN AL ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING ROUGH ❑ EXHAUST HOODS ❑ CONDUIT ❑ SUPPLY AIR ❑ ❑_ ❑ FINAL ❑ FINAL ❑ APPROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE �� INSPECTOR w om"/V&d INSPECTION REQUEST / TOWN OF VAIL 3 d A L- s DATE JOB NAME CALLER i READY FOR INSPECTION: MON TUES) WED THUR FRI f AM PM LOCATION: ✓ �` / �. Li —l. T i Q c_ -1 BUILDING: PLUMBING: • FOOTINGS / STEEL ❑ UNDERGROUND • FOUNDATION / STEEL ❑ ROUGH / D.W.V. • FRAMING ❑ ROUGH / WATER • ROOF & SHEER ❑ GAS PIPING PLYWOOD NAILING • INSULATION ❑ POOL / H. TUB • SHEETROCK NAIL ❑ ❑ ❑ ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING • ROUGH — ❑ EXHAUST HOODS • CONDUIT ❑ SUPPLY AIR _ O ❑ .rj ❑ ANAL ❑ FINAL PROVED ❑ DISAPPROVED ❑ REINSPECTION REQUIRED CORRECTIONS: - -_— DATE p^ INSPECTO DATE JOB NAME INSMCTION REQUEST I TOWN OF VAIL CALLER r READY FOR INSPECTION: MON T( U� WED THUR FRI LOCATION: ' S e t- 6 /�- G( ✓/ BUILDING: • FOOTINGS / STEEL • FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER ❑ PLYWOOD NAILING • INSULATION • SHEETROCK NAIL — n ❑ FINAL ELECTRICAL: • TEMP. POWER • ROUGH • CONDUIT n ❑ FINAL PLUMBING: ❑ UNDERGROUND _ ❑ ROUGH / D.W.V. _ ❑ ROUGH/ WATER _ • GAS PIPING • POOL / H. TUB — n FINAL MECHANICAL: ❑ HEATING • EXHAUST HOODS • SUPPLY AIR n ❑ FINAL ❑ APPROVED ❑ DISAPPROVED EINSPECTION REQUIRED ` t ` e CORRECTIONS: ,t DATE INSPECTOR Ow pdnlary /vail AM PM y INSPECTION REQUEST TOWN OF VAIL DATE JOB NAME CALLER �: ( r, sa READY FOR INSPECTION: MON TUES WED THUR (J FRI / AM PM LOCATION: > i . `> (�.�!`.- 5 BUILDING: • FOOTINGS / STEEL • FOUNDATION / STEEL • FRAMING ROOF & SHEER ❑ PLYWOOD NAILING • INSULATION • SHEETROCK NAIL — C ❑ FINAL ELECTRICAL: • TEMP. POWER • ROUGH • CONDUIT ❑ FINAL APPROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE �24'� = Z�2 INSPECTOR PLUMBING: • UNDERGROUND • ROUGH / D.W.V. • ROUGH / WATER • GAS PIPING — ❑ POOL / H. TUB ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR n ❑ FINAL w pnrpwu DATE / JOB NAME READY FOR INSPECTION: LOCATION: INSPECTION REQUEST TOWN OF VAIL AM� PM t BUILDING: ❑ FOOTINGS/ STEEL ❑ FOUNDATION / STEEL ❑ FRAMING ROOF & SHEER ❑ PLYWOOD NAILING ❑ INSULATION ❑ SHEETROCK NAIL - n PLUMBING: ❑ UNDERGROUND _ • ROUGH / D.W.V. • ROUGH / WATER • GAS PIPING • POOL/ H. TUB n n ❑ FINAL ❑ FINAL ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING ❑ ROUGH ❑ EXHAUST HOODS ❑ CONDUIT ❑ SUPPLY AIR F n ❑ FINAL ❑ FINAL - g4APPROVED /CORRECTIONS: CALLER MON TUES WED THUR (` FRI /7,Pr7 Jinn ~ 1 ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE k� INSPECTOR Mepinb l,aJ DATE S JOB NAME READY FOR INSPECTION: MON LOCATION: f - 2,pUS/ e INSPECTION REQUEST TOWN OF VAIL s o - CALLER TUES WED THUR FRI CAM) PM BUILDING: • FOOTINGS/ STEEL _ • FOUNDATION / STEEL • FRAMING ROOF & SHEER ❑ PLYWOOD NAILING • INSULATION • SHEETROCK NAIL ❑ FINAL ELECTRICAL: • TEMP. POWER • ROUGH • CONDUIT FINAL PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING — ❑ POOL/ H. TUB _ Fl ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR ❑ FINAL > t /APPROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE �4 6 � INSPECTOR Uw prinbry /vai! INSPECTION REQUEST TOWN OF VAIL DATE _ F READY FOR INSPECTION LOCATION: JOB NAME — �'t't1r'1/df7V' A:L' � CALLER Yd MON TUES WED THUR FRI AM PM BUILDING: • FOOTINGS / STEEL _ • FOUNDATION / STEEL • FRAMING ROOF & SHEER ❑ PLYWOOD NAILING • INSULATION • SHEETROCK NAIL — ❑ FINAL ELECTRICAL: • TEMP. POWER • ROUGH • CONDUIT ❑ FINAL PLUMBING: ❑ UNDERGROUND _ • ROUGH / D.W.V. • ROUGH / WATER • GAS PIPING • POOL / H. TUB ❑ FINAL MECHANICAL: • HEATING • EXHAUST HOODS • SUPPLY AIR ❑ FINAL `D APPROVED CORRECTIONS: ❑ DISAPPROVED ❑ REINSPECTION REQUIRED DATE INSPECTOR'` I the prtnttry/vail • • benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the real property which is or becomes subject to this Declaration and improve- ments built thereon, their grantees, successors, heirs, personal representatives, devisees or assigns. 1. Defi nitions. As used in this Declaration, unless otherwise expressly provided: (a) "Apartment unit" means an individual air space unit contained within the perimeter walls, floors, ceilings, windows and doors of a unit in a building con- structed on real property which is subject to the provisions of this Declaration, and as shown and described in a condo- minium map recorded in the real property records of Eagle County, Colorado, together with (i) all fixtures and improve- ments therein; (ii) the inner decorated or finished surfaces of such unit's perimeter walls, floors and ceilings; (iii) the doors and windows of the unit; and (iv) the interior nonsupporting walls within the unit. The term does not include, however, the undecorated or unfinished surfaces of the perimeter walls, floors or ceilings of a unit, any utilities running through the unit which serve more than one unit, or any other general common element or part thereof located within the unit. (b) "Condominium unit" means an apartment unit together with the undivided interest in the general common elements appurtenant thereto and the right to exclusive or non - exclusive use of limited common elements associated therewith. (c) "Garage designated as a garage unit .01 percent undivided inter appurtenant thereto. (d) "Living units except garage units. unit" means an apartment unit on the map, together with a ast in the general common elements unit" means all condominium (e) "Owner" means any individual, corporation, partnership, association, trust or other legal entity, or combination of legal entities, which is the record owner of an undivided fee simple interest in one or more condominium units. (f) "General common elements" means (i )the which at any time is subject to this on; ii the foundations, columns, girders, beams, supports, perimeter and supporting walls, roofs, balconies, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building; (iii) the basements, yards, gardens, automobile parking areas and storage spaces; (iv) the installations, equipment and materials making up the central services such as power, light, gas, hot and cold water, heating, refrigeration and air conditioning and incinerating; (v) the tanks, pumps, motors, fans, compres- sors, ducts, and in general all apparatus and installations existing for common. use; and (vi) all other parts of the property which is not part of an apartment unit. (g) "Limited common elements" means the part of the general common e ements assigned or the exclusive or non - exclusive use and enjoyment of the owner or owners of one or more, but less than all, condominium units. (h) "Common expenses" means: (i) all expenses expressly declared to be common expenses by this Declaration or by the bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, -2- 0 0 repairing or replacing the general common elements; (iii) insurance premiums for the insurance carried under Paragraph 9 of Article II hereof; and (iv) all expenses lawfully determined to be common expenses by the board of directors of the Association. notwithstanding the foregoing, manage- ment fees may be charged to owners as a direct expense and not as a common expense. (i) "First lienor" means the holder of a promissory note payment of which is secured by a first mortgage or first deed of trust encumbering an interest in a condominium unit. "Mortgage" shall include a deed of trust, and "mortgagee" shall include the beneficiary of a deed of trust. (j) "Association" means Sierra Condominium Association, a Colorado nonprofit corporation. (k) "Building" means the building improve- ments containing condominium units located on real property subject to this Declaration, and all other improvements constructed on the property subject to this Declaration, and "buildings" means all of such improvements. (1) The condominium units subject to this Declaration shall be known as Sierra Condominiums. (m) "Declaration" means this instrument and all Amendments or Supplements thereto hereafter recorded in the records of Eagle County, Colorado. (n) "Sharing Ratio" of an owner is his percentage interest in the general common elements appur- tenant to his apartment unit. 2. Division of Real Property into Estates; Use and Occupancy of Condominium Units (a) The real property is hereby initially divided into (i) four living units lettered A through D, inclusive, and (ii) two garage units numbered 1 and 2. Each living unit consists of an apartment unit, an undivided interest in the general common elements appurtenant to such apartment unit, which interest is set forth in Exhibit C attached hereto and made a part hereof, and the exclusive or non - exclusive right to use and enjoy limited common elements, as set forth in Exhibit C. Each garage unit consists of an apartment unit and an undivided .01 percent interest in the general common elements appurtenant to such apartment unit, as set forth in Exhibit C. (b) Provided Declarant retains the improve- ments located on Parcel B for the use of the owners, Declarant may hereafter within seven years of the initial recording of this Declaration subject Parcel A to rovisions of this Declaration and construct buildings reon con more than two a itiona ivin units. Such units shall be shown in a Supp emental Map or Maps recorded in the records of Eagle County, Colorado. In each such case Declarant reserves to itself and shall have the right to dim the undivided interest in the general common elements ap urten- ant to the existin 1vin units which interest is set orth in Exhi7_ t an ec arant shall file in t e records of Eagle County, Colorado, a Supplemental Declaration in which it shall convey and attribute (from the interest in common elements taken from existing units pursuant to Declar- ant's reserved right above) to such additional living units an -3- 0 undivided percentage interest in the general common elements. The interest conveyed and attributed to each additional living unit shall be expressed as a percentage determined by dividing the number .9998 by the total number of existing and additional living units and multiplying the result by 100. The interest reduction in each existing living unit shall be equal to and expressed as a percentage determined by apportioning the total interest in general common elements attributed to the additional living unit equally amongst the existing living units. Each Supplemental Declaration shall set forth a new Exhibit C in which the new undivided interest in general common elements appurtenant to the existing garage units and the existing and the additional living units is set forth. (c) Each condominium unit shall be inseparable and may be conveyed, leased, devised or encumbered only as a condominium unit. Title to a condominium unit may be held individually or in any form of concurrent ownership recognized in Colorado; provided, however, that time sharing, as defined by the Zoning and Subdivision Regulations of Eagle County, Colorado, is explicitly prohibited. In case of any such concurrent ownership, each co -owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an "owner" with respect to the condominium unit in which he owns an interest. (d) Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a condominium unit may describe it by its apartment unit letter as shown on the map, followed by the name of the condominium and reference to this Declaration and to the map. (e) Declarant the assessor of Eagle County, vided in the Act, so that each separately assessed and taxed. (f) occupied solely for iat anv a i ona for vehicular parK ma use only f garage uni s s parking purposes. or lease the units above. The li dw�i living shall give written notice to Colorado, in the manner pro - condominium unit will be ng_ -and- f r storage and be used only Owners of the to others for 11 be used and nurnoses exceD cilities in parking purp oses. "ine or storage and vehicular condominium units may rent the purposes set forth (g) The Association shall have the right to charge reasonable admission and other fees for the use of any recreational facility situate upon or which is a part of the general common elements. 3. Condominium Map Upon substantial completion of a building, and prior to any conveyance by Declarant of a condominium unit therein, Declarant shall cause to be filed for record in Eagle County, Colorado, a condominium map (the "map "), which shall contain: (a) The legal description of the surface of the land; (b) the linear measurements and location, with reference to the exterior boundaries of the land, of the building and all other improvements built or to be built on the land; (c) the floor plans and linear dimensions of the interior of the building including the apartment units, the general common elements which are not a part of any apartment unit, and the limited common elements; (d) the designation by number or other symbol of each apartment unit; (e) the elevation plans of the building; and (f) the elevation of the unfinished interior surfaces of the floors and ceilings of the building, including the apartment units, t , t-ie each such uni -4- Book 309 12! 0 5 s4 Recorded at 9:15 A.M. Septe r 12, 1980 Fee �46.00pd ti Page 161 Recorder, Johnnette Phillips ' Eagle County CONDOMINIUM DECLARATION FOR SIERRA CONDOMINIUMS NI RECITALS ERRA DEVELO�ownerof 'C., a Colorado corpo- rtaion c_ar is e t e the real property situate in the County of Eagle, State of Colorado, described in Exhibit A attached hereto and made a part hereof. Declarant owns additional real property adjoining such property, which additional real property is described as Parcel A in Exhibit B attached hereto and made a part hereof. Declarant desires to establish a condominium project under the Condominium Ownership Act of Colorado ( "the Act ") and to define the character, duration, rights, obligations and limitations of condominium ownership. Declarant has constructed one building,on the property described in Exhibit A, which building consists of separ- ately designated condominium units. A condominium map will be filed showing the location of said building on the property, which is hereby made subject to this Declaration. Declarant has executed plans for the construction of a par ing an snow remova area on a certain portion of said uc i por e described as Parcel B in E i -B -_ _ " -art of the condominium project, Declarant desires to create a parking and snow storage easement on Parcel B for the use of the owners of the designated condominium units located on the property des- cribed in Exhibit A and does hereby grant (subject to the reservations contained in Paragraph 20 of Article II hereof) and make subject to this Declaration a, perpetu ^' = ^K�' easement an P arcel B for the area and re ated e f i 1 e s towing condominium unit parking and snow Declaration. t not under ituro s �asan asking snow storage a rea. The condominium map to the building consisting of designateu s shall also show the location of said storage easement that is subject to this Declarant may subject the real property described as Parcel A including its reserved interest in Parcel B to these condominium declarations by recording a Supplemental Declaration or Declarations and a Supplemental Map or Maps in the Eagle County, Colorado, records within seven years of the initial recording of this Declaration. Declarant does hereby establish ownership of real property estates in fee of the air space contained in each of the the building and the co- ownership, by the separate owners thereof, as tenant in co remaining real property. II DECLARATION a plan for the simple consisting apartment units in individual and moron, of all of the Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restric- tions, uses, reservations, limitations and obligations shall be deemed to run with the land, shall be a burden and a i as established from a datum plane, the distances between floors and ceilings, and the linear measurements showing the thickness of the perimeter walls of the building. Declarant reserves for a peri not to exceed seven years from tie time to time to conform it to the actual location of an ui ing in a par s tiereo to esta is , v LT e e ocate ea a en s, access road easemen s ant o as. 4. General Common Elemen Encroachments (a) The general common elements shall be -owned in common by all the numPrc an_l shall remain undivided No owner shall assert any right of partition with respect to the sieneral co ien tS. Each owner waives any and all rights of partition he may hold by virtue of his ownership of an undivided interest in the general common elements as a tenant in common with the other owners. This paragraph shall not, however, limit or restrict the right of partition of a single condominium unit among the owners thereof, whereby the owners petition the Court to sell the Condo- minium Unit and to allocate the sole proceeds among the Owners, but such right of partition shall not be construed to mean a physical division or partition of a condominium unit, aff ect any other condomini (b) Each owner shall be entitled to use the general common elements in accor ance wiT_chthev ar intended, without hindering, impeding or osi dance with the rules and regulations duly established f rom time o ime y the Association. (c) If any portion of the general common elements now encroaches upon any apartment unit, or if any apartment unit now encroaches upon any other apartment unit or upon any portion of the general common elements, as a result of the construction of any building, or if any such encroachment shall occur hereafter as a result of settling or shifting of any building, a valid easement for the encroachment and for the maintenance of the same so long as the building stands, shall exist. In the event any building, any apartment unit, any adjoining apartment unit, or any adjoining general common element, shall be partially or totally destroyed as a result of fire or other casualty or .as a result of condemnation or eminent domain proceedings, and then rebuilt, encroachments of parts of the general common elements upon any apartment unit or of any apartment unit upon any other apartment unit or upon any portion of the general common elements, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the building shall stand. 5. Mechanic's Liens; Indemnification. (a) If any owner shall cause any material to be furnished to his apartment unit or any labor to be per- formed therein or thereon, no owner of any other condominium unit shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the owner causing it to be done, and such owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his apartment unit or any improvements therein. Nothing herein contained shall authorize any owner or any person dealing through, -5- • 0 with or under any owner to charge the general. common elements or any apartment unit other than that of such owner with any mechanic's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the general common elements or against any owner or any owner's apartment unit for work done or materials furnished to any other owner's apartment unit is hereby expressly denied. (b) If, because of any act or omission of any owner, any mechanic's or, other lien or order for the payment of money shall be filed against the general common elements or against any other owner's apartment unit or any improvements therein, or against any other owner (whether or not such lien or order is valid or enforceable as such), the owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be cancelled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other owner or owners, within 20 days after the date of filing thereof, and further shall indemnify and save all the other unit owners and the Association harmless from and against any and all costs, expenses, claims, losses or damages, including reasonabl.e attorney's fees resulting therefrom. (c) Labor performed or materials furnished for the general common elements, if duly authorized by the Association, in accordance with this Declaration or its bylaws, shall be deemed to be performed or furnished with the express consent of each owner and shall be the basis for the filing of a lien pursuant to law against each of the condominium units. In the event a lien is effected against two or more condominium units, the owners of the separate condominium units may remove their condominium units from the lien by payment of the fractional or pro- portional amount attributable to each of the condominium units affected. Individual payment shall be computed by reference to the Sharing Ratios. Subsequent to payment, discharge or other satisfaction, the condominium unit shall be released from the lien paid, satisfied or discharged. Partial payment, satisfaction or discharge shall. not prevent the lienor from proceeding to enforce his rights against any condominium unit not so released or discharged. 6. Administration and Management Sierra Condo- miniums shall be administered and managed pursuant to this Declaration, the articles of incorporation and the bylaws of the Association. Each owner shall be a member of the Association and shall remain a member until. he ceases to be an owner. Each member shall comply strictly with the pro- visions of this Declaration and of the articles of incorpo- ration and bylaws of the Association. Each member shal_1. be bound by and shall compl.y with rules, resolutions and decisions of the Association duly made or adopted in the manner set forth in the articles of incorporation or bylaws. Failure of the member to comply with such provisions, rules, resolutions or decisions shall be grounds for an action to recover damages or to obtain injunctive relief, or both, maintainable by the Association on behalf of the other owners or, in a proper case, by an aggrieved owner. In addition, the Association's by]_aws may authorize the Associ- ation, during the period of any delinquency, (a) to revoke a delinquent owner's right to use general common elements and (b) to suspend a member's voting privileges; however, no such suspension shall affect the rights of a first lienor. I Me 7. Maintenance and Repairs. (a) Each owner shall be responsible for maintenance and repair of his apartment unit, including fixtures and improvements and all utility lines and equip- ment located therein and serving such unit only. In per- forming such maintenance or repair, or in improving or altering his apartment unit, no owner shall do any act or work which impairs the structural soundness of any building or which interferes with any easement. (b) The general common elements (including the limited common elements) shall be administered, conserved, managed, maintained, repaired and replaced by the Association, which may have access to any unit from time to time during reasonable hours for such purposes, or at any time for the purpose of making emergency repairs therein necessary to prevent damage to the general common elements or to another apartment unit or units. The costs of repairing any damage to an apartment unit resulting from entry therein for any such purpose shall be a common expense of all the owners. However, if the need to make such entry results from the negligence or intentional act of any owner, his family, agent or invitee, such owner shall reimburse the Association for all the costs of repairing such damage and shall be liable to the other owners for all additional losses or damages suffered, including reasonable attorney's fees. (c) Notwithstanding the foregoing, (i) each owner having an interest in limited common elements shall. pay the proportion of the costs and expenses of maintaining, repairing and replacing any limited common elements of which such owner has any use and enjoyment, the numerator of which is his percentage interest in general common elements and the denominator of which is the total percentage interest in general common elements of all persons having any use and enjoyment thereof, and (ii) each owner shall pay all costs of repairing any damage to the general common elements (including the limited common elements), or to any apartment unit other than his own, resulting from the intentional act or negligence of such owner, his family, agent or invitee. 8. Assessments for Common Expenses (a) Except as set forth in subparagraph 7(c) herein, each owner shall pay his pro rata share of the common expenses, which proration shall be made on the basis of the Sharing Ratios in effect on the date such common expense is assessed, except that with respect to unoccupied units owned by Declarant, the Association shall assess Declarant only 50 percent of such pro rata share. (b) The board of directors (the "Board ") of the Association shall fix, determine, levy and collect annual and special assessments to be paid by each of the owners to meet the common expenses and to create a contingency reserve therefor. Prior to the beginning of each fiscal year of the Association, the Board shall adopt a budget for that year. The budget shall include, but shall not be limited to, an estimate of the costs of maintenance, repair and replacement of the general common elements, the cost of utilities and other services to be provided by the Association, the cost of insurance required by Paragraph 9 herein, and proposed capital expenditures. The budget shall include an adequate reserve fund for the maintenance, repairs and replacement of those general common elements that must be -7- o replaced on a periodic basis in order that such maintenance, repairs and replacement may be paid for through regular installments rather than by special assessment. For the Association's first fiscal year, the Board shall adopt the budget at the first meeting of the Board and designate the date of commencement of the first annual assessment, with the costs for maintenance, repair and replacement of the general common elements and any reserve fund needed therefor based on a good faith estimate of those costs; said estimate may be based on the costs incurred by similar associations in the general locale. Thereafter, the cost of maintenance, repair and replacement and any reserve fund needed therefor shall be on the basis of the previous year's costs with such adjustments therefrom as the Board considers appropriate. The budget shall also include the annual assessment for each condominium unit. Special assessments may be levied when- ever in the opinion of the Board it is necessary or advisable to do so (i) to meet increased operating or maintenance expenses or costs, (ii) to provide for additional capital expenses, or (iii) because of emergencies; however, if the proposed additional capital expenses at any given time are in excess of ten percent of the maximum replacement value of the buildings, as determined by the Association pursuant to subparagraph 9(c) herein, such expenses may be incurred only after the owners, by the vote of the owners of at least 75 percent of the general common elements, approve such expenses. All annual assessments shall be based upon an approved budget; all other assessments shall be in itemized statement form and shall set forth the detail of the various expenses for which the assessments are being made. (c) The Board shall prepare and provide to each owner a statement for the annual assessment and any special assessment against his condominium unit. Annual assessments for the budgeted common expenses shall be paid in quarterly installments, each such installment due and payable in advance on the first day of each calendar quarter, or more frequent installments as may be determined by the Board. Special assessments shall be due and payable as specified in the written notice of such assessment provided by the Board. (d) If any assessment shall remain unpaid ten days after the due date thereof, the Board may impose a penalty on such defaulting owner in an amount equal to 1.5 percent of such assessment. Likewise, a penalty equal to 1.5 percent of the unpaid assessment may be imposed on the first day of each calendar month thereafter so long as such assessment shall be unpaid. (e) An action may be brought by the Associ- ation to recover unpaid common expenses from the owner liable for payment_ thereof, with or without foreclosing or waiving the lien described in the following paragraph. (f) Al.]_ sums assessed but unpaid for the share of common expenses assessed to any condominium unit shall constitute a lien on such unit in favor of the Associ- ation prior to all other liens and encumbrances, except: (i) liens for taxes and special assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such unit. The Association's lien shall attach from the date when the unpaid assessment shall become due and may be foreclosed by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof executed by a member of the Board on behalf of the Association setting forth the amount of the unpaid indebtedness, the name of the owner of the condominium unit, and a description of the condominium unit. If any such lien M • i is recorded by the Association, the owner shall be required to pay the costs and expenses of the preparation and recording of the Association's lien, including reasonable attorney's fees, or $100.00, whichever is greater. In any such fore - closure,the owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees. During the period of foreclosure the owner of the condominium unit subject to such action shall be required to pay a reasonable rental to the Association. The Association shall be entitled to purchase the condominium unit at the foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. (g) No owner shall exempt himself from liability for payment of his share of the common expenses either by waiver of the use or enjoyment of any of the general common elements or by abandonment of his condominium unit. (h) In case of sale or other transfer of a condominium unit with respect to which sums assessed for common expenses shall be unpaid, the purchaser or other transferee of an interest in such unit shall be jointly and severally liable with the seller or transferor thereof for such unpaid assessments. Notwithstanding the above, any first lienor who obtains title to a condominium unit pursuar_t to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for such unit's unpaid dues or charges which accrue prior to the acquisition of title to such unit by the first lienor. (i) Upon written request of any owner, mortgagee, prospective mortgagee, purchaser or other pros- pective transferee of a condominium unit, the Association shall issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to such condominium unit, the amount of the current monthly assess- ment, the date on which such assessment became or shall become due and the amount of any credit for prepaid expenses. Such statement, for which a reasonable fee may be charged, is binding upon the Association in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be complied with within ten days after receipt thereof, all unpaid common expenses which became due prior to the date of making such request shall be subordinated to the lien or other interest of the person requesting such statement. (j) Any party in favor of whom a lien on a condominium unit has been created may but shall not be required to pay any unpaid common expense with respect to such unit, and upon such payment such party shall have a lien on such condominium unit for the amount so paid of the same rank as the lien theretofore existing. (k) First Lienors shall be given written notice by the Association of any default in the performance of any obligation under this Declaration or the Articles of Incorporation or the Bylaws of the Association by an owner in the payment of any assessment hereunder, which default has remained uncured for 60 days. 9. Insurance. (a) The Association shall, on behalf of the owners: (i) keep all buildings (including all of the apartment units and all fixtures therein, but not including furniture, furnishings or other -9- 0 personal property supplied or installed by condominium unit owners) insured against loss or damage by fire, with extended coverage (including insurance against loss or damage by vandalism or malicious mischief), in at least the amount of the maximum replacement value thereof, determined in accordance with subparagraph 9(c) herein; (ii_) provide and keep in force, for the protection of the Association, its officers and directors, and all the owners and first lienors, general public liability and property damage insurance against claims for bodily injury or death or property damage occurring upon or in the general common elements, in limits of not less than $1,000,000 for bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against possible tort liability, such higher limits shall be carried; (iii) carry insurance in such amounts as the Association may consider necessary or advisable against such other insurable hazards as may from time to time be commonly insured against in the case of similar property in similar locations elsewhere. (iv) carry directors and officers liability insurance in such amounts as the Association may con- sider necessary or advisable. (b) All insurance required to be carried under this paragraph shall be carried in favor of the Associ- ation, the owners and all first lienors, as their respective interests may appear. Each policy of insurance shall contain • standard mortgagee clause in favor of each first lienor of • condominium unit which shall provide that the loss, if any, thereunder shall be payable to such first lienor, as its interest may appear, subject, however, to the loss payment provisions in favor of the Association hereinafter set forth. All policies of insurance against damage to any building and fixtures shall provide that losses shall be payable to and adjusted with the Association, as attorney - in -fact for the owners. The Association shall hold and apply the proceeds of such insurance as set forth in this Declaration. Each insurance policy shall provide that no cancellation thereof may be made by the insurance carrier without having first given 30 days' prior written notice thereof to the Association, the owners and all_ first lienors. Each insurance policy shall also contain a "severability of interest" endorsement, that provides in case of violation of any provision thereof by the Association or one or more (but less than all) of the owners, the coverage of such policy shall be suspended or invalidated only as to the interest of the Association or the owner or owners committing the violation and not as to the interest of any other owner. All policies of physical damage insurance shall contain waivers of subro- gation and of any defense based on co- insurance. Duplicate originals of all policies of physical damage insurance and of all renewals thereof, together with proof of payment of premiums, shall be delivered to all first lienors at least ten days prior to expiration of the then current policies. (c) The maximum replacement value of the buildings (which shall indicate the maximum replacement value of each condominium unit contained therein), without deduction for depreciation, shall be determined by the -10- 0 0 Association prior to obtaining any policy of fire insurance or any renewal thereof by means of one or more written appraisals made by competent, disinterested appraisers; however, appraisals need not be obtained more frequently than at one -year intervals. Copies of such appraisals shall be furnished to each owner and each first lienor of a condo- minium unit. (d) Each owner shall be responsible for all insurance covering loss or damage to personal property in his apartment unit and liability for injury, death or damage occurring inside his apartment unit. Any such policy shall contain waivers of subrogation and shall be so written that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished thereby. 10. Appointment of Attorney-in-Fact. Each owner by his acceptance 'of the deed or other conveyance vesting in him an interest in a condominium unit does irrevocably constitute and appoint (a) the Association with full power of substitution as his true and lawful attorney in his name, place and stead to deal with such interest upon damage to or destruction, obsolescence, or condemnation of any building or real property as hereinafter provided, and to manage, control and deal with the interests of each owner in the general common elements and the condominium project so as to permit the Association to fullfill all. of its duties, obligations and rights hereunder, and (b) Declarant with full power of substitution as his true and lawful attorney in his name, place, and stead to deal with such interest in order to effectuate the reservations contained in Paragraph 20 herein, each with full power, right and authorization to execute, acknowledge and deliver any contract, deed, proof of loss, release or other instrument affecting the interest of such owner, and to take any other action, which the Association or Declarant may consider necessary or advisable to give effect to the provisions of this Declaration. If requested to do so by the Association or Declarant, each owner shall execute and deliver a written instrument con- firming such appointment. The action of the Association in settling any damage or condemnation claim shall be final and binding on all owners. No owner shall have any rights against the Association or any of its officers or directors with .respect thereto except in case of fraud or gross negligence. 11. Damage or destruction In case of damage or destruction of any building or any part thereof by any cause whatsoever: (a) If in the reasonable judgment of the Association, the proceeds of insurance shall be sufficient to pay all the costs of repairing and restoring the building, the Association (as attorney -in -fact for the owners) shall cause the building to be repaired and restored, applying thr proceeds of insurance for that purpose. (b) If in the reasonable judgment of the Association the anticipated proceeds of insurance are not sufficient to pay the costs of repairing and restoring the building, and if the excess of such costs over the antici- pated insurance proceeds, are less than 20% of the maximum replacement value last determined under subparagraph 9(c) herein, then the Association (as attorney -in -fact for the owners) shall promptly cause the building to be repaired and restored, and the difference between the insurance proceeds and the costs of repair and restoration shall be a common expense to be assessed and paid as provided in Paragraph 8 herein. (c) If in the reasonable judgment of the Association the anticipated proceeds of insurance are not sufficient to pay the costs of repairing and restoring the -11- a building, and if the excess of such costs are 20 or more of the maximum replacement value last determined under sub- paragraph 9(c) herein, then the Association (as attorney -in- fact for the owners) shall promptly cause the building to be repaired and restored, and the difference between the insurance proceeds and the costs of repair and restoration shall be a common expense, to be assessed and paid as provided in Paragraph 8 herein; provided, however, that if within 100 days after the date of such damage or destruction a plan for repairing and restoring the building shall be disapproved by and a sale of such building is approved by the owners of condominium units in such building owning 75% or more of the total interests in general common elements appurtenant to apartment units in such building and by 75% of all first lienors of such condominium units, the Association (as attorney -in -fact for the owners of condominium units in such building) shall_ execute and record in the Eagle County, Colorado, real estate records a notice of such facts, and there after shall sell the entire real property on which such building is located (including the building) together with reasonable easements for ingress and egress, if required, as designated by the Association, free and clear of the provisions of this Declaration and the map, which shall wholly terminate and expire with respect to such property upon the closing of such sale. This Declaration and any map, however, shall_ remain in full force and effect with respect to all other property and buildings, and the percentage interests in general common elements appurtenant to all apartment units remaining subject to this Declaration shall automatically be increased by the amount of the percentage interests in general common elements appurtenant to all apartment units in the building sold free and clear of this Declaration, such increase to be allocated among apartment units in accordance to each unit's respective appurtenant interest in general common elements appurtenant to apartment units in the buildings not being sold. The proceeds of insurance and the proceeds of such sale of the real property shall be collected by the Association, applied first to the payment of expenses of the sale, and then divided among the owners of condominium units in such building and paid into separate accounts, each representing one condominium unit. The insurance proceeds shall be divided according to such owners' respective percentage interest therein as shown by the insurance policies, if so shown, otherwise according to such owners' respective interest in general common elements appurtenant to apartment units in the building so sold, and the proceeds of sale shall be divided according to such owner's respective undivided interests in the general common elements appurtenant to apartment units in the building so sold. The funds in each account (without con- tribution from one account to another) shall_ be applied by the Association for the following purposes in the order indicated: (i) for payment of the balance of the lien of any first mortgage or deed of trust on the condominium unit; (ii) for payment of taxes and special assessment liens in favor of any assessing entity; (iii) for payment of unpaid common expenses; (iv) for payment of junior liens and encum- brances in the order of and to the extent of their priority; and (v) the balance remaining, if any, shall be paid to the owner. The provisions of this paragraph shall not be construed as limiting in any way the right of a first lienor (in case the proceeds allocated under (i) above shall be insufficient to pay the indebtedness secured by his lien) to assert and enforce the personal liability for such deficiency of the person or persons responsible for payment of such indebtedness. If within 100 days after the date of such damage or destruction a plan for repairing and restoring a damaged or destroyed building is not disapproved pursuant to this Paragraph 11(c), the Association (as attorney -in -fact for such owners) -12- a shall promptly cause such repairs and restoration to be made according to such plan. All owners of apartment units in such building (and no others) shall be bound by the terms of such plan, and the difference, if any, between the amount of the insurance proceeds and the costs of repair and restoration shall be an expense of such owners only and shall be assessed and paid by such owners in the proportions of their respective interests in general common elements appurtenant to apartment units in the damaged building. (d) Nothing contained in this paragraph shall be construed as imposing any liability whatever on any first lienor to pay all or any part of the costs of repair or restoration. 12. Obsolescence (a) If at any time the owners of 75% or more of the general common elements appurtenant to apartment units in any building covered by this Declaration and 75% of all first lienors with interests in such building shall agree that such building has become obsolete and shall approve a plan for its renovation or restoration, the Association (as attorney -in -fact for the owners with inter- ests in such building) shall promptly cause such renovation or restoration to be made according to such plan. All owners of apartment units in such building shall be bound by the terms of such plan, and the costs of the work shall be an expense of such owners only and shall be assessed and paid by such owners in the proportions of their respective interests in general common elements appurtenant to apart- ment units in such building. No owner of an apartment unit in any other building shall be required to pay any of the costs of such renovation or restoration on account of such ownership. (b) If at any time the owners of 75% or more of the general common elements and 75% of all first lienors shall agree that any of the improvements constituting general common elements have become obsolete and shall approve a plan for their renovation or restoration, the Association (as attorney -in -fact for the owners) shall promptly cause such renovation or restoration to be made according to such plan. All owners shall be bound by the terms of such plan, and the costs of the work shall be a common expense, to be assessed and paid as provided in Paragraph 8 herein. (c) If at any time the owners of 75% or more of the general common elements and 75% of all first lienors shall agree that the buildings have become obsolete and should be sold, the Association (as attorney -in -fact for the owners) shall promptly record in the real estate records of Eagle County, Colorado, a notice of such facts, and shall sell the entire real property, free and clear of the provisions of this Declaration and the map, which shall wholly terminate and expire upon the closing of such sale. The proceeds of such sale shall be collected, applied and divided among the owners by the Association in the manner provided in sub- paragraph 11(c) herein. 13. Condemnation (a) If the entire real property shall be taken for any public or quasi- public use, under any statute, by right of eminent domain, or by purchase in lieu thereof, or if any part of any building covered by this Declaration shall be so taken, or if any part of the land shall be so taken and the part remaining shall be insufficient for -13- 0 0 purposes of Sierra Condominiums, the Association (as attorney - in -fact for the owners) shall collect the award made in such taking and shall sell the part of the land remaining after the taking, if any, free and clear of the provisions of this Declaration and the map. Such provisions shall wholly terminate and expire upon the recording of a notice by the Association setting forth all of such facts. The award and the proceeds of such sale, if any, shall be collected, applied and divided among the owners by the Association in the manner provided in subparagraph 11(c) herein. (b) If such taking shall be partial only, and if the remaining part of the land shall be sufficient for the purposes of Sierra Condominiums, the condominium ownership hereunder shall not terminate. Each owner shall be entitled to a share of the condemnation award to be determined under the following provisions: (i) The total amount allocated to taking of or injury to the general common elements shall be apportioned among owners on the basis of each owner's respective percentage interest in the general common elements; (ii) The total amount allocated to severance damages shall be apportioned to the owners of those apartment units which were not taken or condemned on the basis of each such owner's respective percentage interest in the general common elements; (iii) The respective amounts allocated to the taking of or injury to a particular apartment unit or to improvements an owner has made within his own apartment unit shall be apportioned to the owner of that particular apartment unit involved; and, (iv) The total amount allocated to consequential damages and any other taking or injuries shall be apportioned among the owners in proportion to their respective percentage interests in the general common elements. If an allocation of the award is already established in negotiation, judicial decree, or otherwise, then in allocating the award the Association shall employ such allo- cation. Distribution of apportioned proceeds shall be made by checks payable jointly to the respective owners and their respective first lienors. (c) In the event a partial taking results in the taking of an apartment unit, the owner thereof shall automatically cease to be a member of the Association, and his ownership interest in the general common elements shall terminate and vest in the owners of the remaining condominium units. Thereafter, the Association shall reallocate the ownership and assessment ratios determined in accordance with this Declaration according to the same principles employed in this Declaration at its inception, and shall submit such reallocation to the owners of the remaining apartment units for the amendment of this Declaration. (d) In the event that any portion of Sierra Condominiums shall be made the subject matter of any condem- nation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then timely written notice of such condemnation shall be given by the Association to each owner and first lienor. -14- a o 14. Quality of Work Any repairs, renovation or restoration of the real property or any building covered by this Declaration by the Association as attorney -in -fact for the owners shall be done in such manner as to make the real property or the building at least as valuable after such work as it was immediately before the occurrence requiring the work to be done. 15. Amendment or Revocation. This Declaration may be amended or revoked a by Declarant at any time prior to the filing of the map, and (b) upon the written approval in recordable form of the owners of 75% or more of the general common elements and 75 ° of all first lienors, except that the provisions of subparagraph 2(a) herein, Exhibit C relating to interests in the general common elements and the limited common elements and subparagraph 2(b) may be amended only upon such approval of the owners of 100% of the general common elements, all first lienors and the Declarant. It shall also be revoked in whole or in part upon sale of all or part of the real property pursuant to subparagraphs 11(c), 12(c) or 13(a) Herein. 16. Pro ertx for Common Use. The Association may acquire and hold for the use and beneTit of all owners, real property, as long as such real property is purchased at a foreclosure sale or if such property is to be used as a manager's unit, and tangible and intangible personal property and may dispose of the same by sale of otherwise, and the beneficial interest in any such property shall be owned by the owners in the same proportion as their respective interests in the general common elements and shall not be transferable except with a transfer of a condominium unit. A transfer of a condominium unit shall transfer to the transferee ownership of the transferor's beneficial interest in such property without any reference thereto. Each owner maX use such nr anerty in accordance with t he purpose for which it is intended, without bindpring or encroaching 1 The transfer of title to a .�� the at'her owners condominium unit under foreclosure shall entitle the pur- chaser to the beneficial interest in such property associated with the foreclosed condominium unit. 17. Registration by Owner of Mailing Address. Each owner shall register his mailing address with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the owner at such registered mailing address. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the by- laws of the Association. 18. Dura tion of Condominium Ownership. The separate estates created by this Declaration and the map shall continue until this Declaration shall be revoked or until its provisions shall terminate as provided herein. 19. Arch itectural Control. No building, fence, wall or other structure shall e commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, color, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to -15- surrounding structures and topography by the Board of Directors of the Association, or by an architectural com- mittee composed of three or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty days after said plans and specifi- cations have been submitted to it, approval will not be required and this paragraph will be deemed to have been fully complied with. 20. Reservations (a) Declarant reserves for a period of seven years from the date this Declaration is initially recorded, (i) the right to dedicate any access roads and streets serving this condominium project for and to public use; to establish easements, reservations, exceptions and exclusions consistent with the condominium ownership of the condominium project and the best interests of the owners and the Associ- ation, (ii) the right to subject to the provisions of this Declaration any real property or interest therein consistent with the condominium ownership of the condominium project and the best interests of the owners and the Association, and (iii) an easement Oyer, under h improved and unim roved parts o the general common elements to the extent necessary for constru tion of aTd1 tonal buildings nd improvements on Parcel A, which may inc u e rec e onal acs sties w wil ome general common elements. The operating expenses of such improvements will be common expenses. However, Declarant_haz ^^ obl ga te ^n to con struct additional i mDrnvAmo n s. (b) Declarant reserves and excepts for itself and its successors, assigns and invitees from all grants, conveyances, dedications and provisions under this Declaration and the map, a perpetual non - exclusive easement and right of way under, over, across and through said Parcel B and the real property described in Exhibit D attached hereto and made a part hereof for the purpose of constructing, installing, maintaining, repairing, enlarging, reconstructing and replacing facilities providing or supplying utility services of all kinds thereupon including, but not limited to, water, sewer, electricity, natural gas, cable television and telephone services, and for the purpose of constructing, maintaining, repairing, e argin and recon- trian ingress and egress between Parcel A (other than Parcel B) and terra Trail, a county roaU located M ounty, Co orado. Dec aran s rig�ts un er this reservation and exception may be assigned by Declarant to any utility company, governmental or quasi - governmental authority providing any of the utility services described above. Declarant by this reservation and exception shall have no obligation to construct or maintain any utility service or roadway on said Parcel B or the real property described in Exhibit D. The easement and right of way hereby reserved and excepted shall run with the land and shall be appurtenant to Parcel A, such that a transfer by Declarant of legal title to all or any ortio atically transter a ro or donate interest in the easement an rig t o way reserved an excepted herein. 21. Easement, Lease and License of General. Common Elements. The Association shall ave the right to ease or license or permit the use of, by less than all owners or by non - owners, and with or without charge as the Association may deem desirable, any portion of the general 1W:T • 0 common elements or any condominium unit owned by the Associ- ation. The rights granted to the Association in this Paragraph 21 shall only be used in the promotion of the collective best interests of the owners. 22. Restrictive Covenants and Obligations. (a) No Imperiling of Insurance No owner and no owner's invitees shall do anything or cause anything to be kept in or on the condominium project which might result in an increase in the premiums of insurance obtained for the condominium project or which might cause cancellation of such insurance without the prior written consent of the Association first having been obtained. (b) No Violation of Law. No owner and no owner's invitees shall o anything or eep anything in or on the condominium project which would be immoral, improper, offensive or in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. (c) No Noxious Offensive Hazardous or Annoying Activities No noxious or ofTensive activity shall be carried on upon any part of the condominium project.nor shall anything be done or placed on or in any part of the condominium project which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No activity shall be conducted on any part of the condominium project and no improvements shall be made or constructed on any part of the condominium project which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the condominium project which is unreasonably loud or annoying. No odor shall be emitted on any part of the condominium project which is noxious or offensive to others. No light shall be emitted from any part of the condominium project which is unreasonably bright or causes unreasonable glare. (d) No Unsightliness No unsightliness shall be permitted on or in any part of the condominium project. Without limiting the generality of the foregoing; nothing shall be kept or stored on or in any of the general common elements; nothing shall be hung or placed upon any of the general common elements, including areas which are limited common elements; and nothing shall be placed on or in windows or doors of the condominium project, which would or might create an unsightly appearance. (e) Restriction on Animals. No animals, livestock, horses or poultry of any kin shall be kept, raised or bred within any condominium unit or within the general common elements, except that one dog, one cat or one other domesticated household animal may be kept by an owner as a household pet so long as such pet is not a nuisance to any other owner. Pedestrians accompanied by a household pet within the general common elements must have said pet under their direct control by use of a leash not to exceed ten feet in length. No animals shall be allowed to remain tied or chained to any decks, balconies, patios or other parts of the condominium project, and any such animal(s) so tied or chained may be removed by the Association or its agents. (f) Restriction on Signs No signs or advertising devices of any nature shall be erected or main- tained on any part of the condominium project without the prior written consent of the Association. The Association shall permit the placing of at least one sign of reasonable size and dignified form to identify the project and the units therein. -17- (g) No Violation of Rules No owner and no owner's invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of living units or garage units, the use of general or limited common elements, or otherwise. Determination with respect to whether or not a particular activity or occurrence shall constitute a vio- lation of this Paragraph 22 shall be made by the Board and shall be final. 23. Effect of Provisions of Declaration. Each provision of this Dec aration, and agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration: (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any condominium unit is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, title or interest in any condo- minium unit by an owner, be deemed accepted, ratified, adopted and declared as a personal covenant of such owner and, as a personal covenant, shall be binding on such owner and his heirs, personal representatives, successors and assigns; and, shall_ be deemed a personal covenant to, with and for the benefit of the Association and of each owner of any condominium unit; and, (iii) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each and every condominium unit. 24. Enforcement and Remedies. Each provision of this Declaration shall e enforceable by the Association or by any owner by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover damges. If court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys' fees. 25. General. (a) If any of the provisions of this Declar- ation or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, and the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (c) Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. I:30 IN WITNESS WHEREOF, Declarant has duly executed this Declaration this day of , 19 ATTEST: Lloyd A. Johnson, Secretary HIGH SIERRA DEVELOPERS, INC., a Colorado corporation BY: William T. Wezwick, President The undersigned holder of a deed of trust upon the property covered by this Declaration hereby consents to and ratifies the provisions of this Declaration. STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Thomas K. Moore The foregoing instrument was acknowledged before me this day of , 19 , by William T. Wezwick, as President and Lloyd A. Johnson as Secretary of High Sierra Developers, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) ss. COUNTY OF ) Notary Public The foregoing instrument was acknowledged before me this day of , 19 , by Thomas K. Moore. Witness my hand and official seal. My commission expires: -19- Notary Public EXHIBIT A 0 (Attached to and made a part of Condominium Declaration for the Sierra Condominiums.) LEGAL DESCRIPTION Lot 23, VAIL VILLAGE WEST, FILING NO. 1, County of Eagle, State of Colorado o � EXHIBIT B (Attached to and made a part of Condominium Declaration for the Sierra Condominiums) LEGAL DESCRIPTION Parcel A - Lot 24, Vail Village West, Filing No. 1, County of Eagle, State of Colorado. Parcel B A portion of Lot 24, Vail Village West, Filing No. 1, Eagle County, Colorado. Said Easement being more particu- larly described as follows, to wit: Beginning at the Northeast Corner of said Lot 24, being the same as the Northwest Corner of Lot 23, of said Vail Vil- lage West Filing No. 1; thence along the line common to said r Lots 23 and 24, S.03 °26'03 "W. 22.68 feet; thence S.71 °37'58 "W. 21.54 feet; thence 5.52 °55'08 "W. 72.35 feet; thence N.37 °04'52 "W. 33.60 feet to a point on the Westerly Line of said Lot 24; thence along said Westerly Line N.14 °12'30 "W. 16.00 feet; thence N.52 0 55'08 "E. 50.00 feet; thence N.82 °54'11 "E. 34.30 feet to a point on the Southerly Right -of -Way Boundary Line of Sierra Trail; thence along said Boundary Line 5.83 0 _00'5 . 0 "E. 30.00 feet to the point of beginning. Said Parking Easement contains 4346 square feet or 0.0998 acres, more or less. 0 0 EXHIBIT C (Attached to and made a part of Condominium Declaration for the Sierra Condominiums.) Interests in General Common Elements Apartment Unit Designation A B C ED Garage Unit 1 Garage Unit 2 Percentage Ownership in General Common Elements Appurtenant to the Apartment Unit 24.995 24.995 24.995 24.995 .010 .010 The owner of each condominium unit shall have the exclusive right to use any balcony, deck or patio attached to such unit and designated as a limited common element on the map. r 0 0 EXHIBIT D (Attached to and made a part of Condominium Declaration for the Sierra Condominiums.) LEGAL DESCRIPTION A portion of Lot 23, Vail Village West, Filing No. 1, Eagle County, Colorado. Said portion being more particularly described as follows, to wit: Beginning at the Northwest Corner of said Lot 23, being the same as the Northeast Corner of Lot 24 of said Vail Vil- lage West, Filing No. 1; thence along the Southerly Right -of- Way Boundary Line of Sierra Trail S.83 °00'50 "F.. 104.49 feet; thence continuing along said Boundary Line 12.00 feet along the arc of a curve to the left having a radius of 45.00 feet, the chord of which bears S.34 °23'49 "E. 11.96 feet; thence S.87 0 46'53 "W. 18.90 feet; thence N.85 0 50 1 29 "W. 60.82 feet; thence S.83 1 23'54 "W. 32.50 feet to a point on the West Line of said Lot 23; thence along said West Line N.03 0 26'03 "E. 22.68 feet to the point of beginning.