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Home My WebLink AboutDRB110204design Review Board ACTION FORM Tool 0<A%JJH11 E 'VELC)PMF- H T Department of Community Development 75 South Frontage Roa d r Vall Colorado 81557 tell: 970.4 9.2139 fax. 970.479.2452 web; www.vailgov.com Project Name: BRUECKER WOOD REAL ESTATE DECK DRB Number: DRB110204 Project Description: CHANGED TO APPROVED PLANS - REBUILD STAIRS AND DECK Participants: Project Address: 433 GORE CREEK DR VAIL UNIT 16B, VAIL TRAILS EAST Location: Legal Description: Lot: 7 TO Block: Subdivision: VAIL TRAILS EAST Parcel Number: 2101- 082 - 3402 -4 Comments: TOWN COUNCIL PERMISSION ON 6/7/11 BOARD /STAFF ACTION Motion By: Action: STAFFAPP Second By: Vote: Date of Approval: 06/30/2011 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12 -3 -3: APPEALS. Cond:202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0012004 Prior to final inspection, the applicant shall execute an agreement for the use and maintenance of Town of Vail property in a form acceptable to the Town Attorney. Planner: Bill Gibson DRB Fee Paid: $20.00 Application for Design Review Changes to Approved Plans General Information: This application is for all changes to approved plans prior to Certificate cy. A n ap- plication for Design Review cannot be accepted until all required information is received by the Community Development Department. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Submittal Requirements: 1. Three (3) Copies of all pertinent approved plans with illustrated, labeled changes 2. Joint Property Owner Written Approval Letter, if applicable Fee: $20 Single Family Description of the Request: Duplex ✓ Multi - Family Change to deck replacement plan per Town Council direction. Commercial Physical Address: 433 Gore creek drive unit 16B Parcel Number: 2101108234024 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Wood Bruecker Real Estate Trust Mailing Address: 330 Old Y Road, Go l de n, Co l o rado 80401 Phone: Owner's Signature: Primary Contact/ Owner Representative: Steven James Ride AIA Architect Mailing Address: POB 3238 Vail, CO 81658 -3238 E -Mail: steve @ridenl.com Fax: For Office Use Only: Cash_ CC: Visa /(FIB Last 4 CC # �lU Exp. Date: U l 2-- Auth # U I Check # Fee Paid: 2A • D Received From: Meeting Date: DRB No.: 7 11 0 z_1) t f Planner: Project No: () 6� Zoning: Location of the Proposal: Lot: Block: Land Use: Subdivision: Phone: 970- 328 -0458 01-Jan -11 7MOFVAIZ ' JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi- tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi- tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) Vail Trails East Condominium Association , a joint owner, or authority of the association, of property located at 433 Gore Creek Drive , provide this letter as written approval of the plans dated 6/8/2011 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: Replace and rebuild deck and walkway. Per Larry Barnes (Signature) (Date) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the review process to ensure com- pliance with the Town's apollcable codes and regulations (Initial here) I understand that all modifications, minor or otherwise, which are made to the plans over the course of the review proc- ess, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (Initial here) PROPOSED MATERIALS Bunk ina Materials Type of Material Color Roof Siding Other Wall Materials Fascia soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Wood steel Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. f:\cdev\forms\permits\Planning\DRB\DRB_Changes to approved Plans_010111 PROPOSED LANDSCAPING said■iol Common Name Q uantil ly it s iz e ID Ilw�� Minimum Requirements for Landscaping GROUND COVER SOD SEED IRRIGATION TYPE OF EROSION CONTROL Deciduous Trees - 2" Caliper Coniferous Trees - 6' in height Shrubs - 5 Gal. Type Square Footage Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.) Regrade to accommodate stairs at grade or within 30 ' utilizing existing and matching boulders. f: \cdev \forms\permits \Planning \DRB \DRB_Changes to approved Plans-010111 David Rhoades From: Bill Gibson Sent: Thursday, June 09, 20111:17 PM To: David Rhoades Subject: FW: VTE 16 b Attachments: A1.1 REVISED DECK PLAN -AM REVISED DECK PLAN.pdf, DRB_Changes to_Approved_Plans_010111.pdf fyi From: Steve Riden [mailto:steve @rideni.com] Sent: Wednesday, June 08, 2011 12:13 PM To: Bill Gibson Subject: VTE 16 b Bill, Thank you for your support yesterday in the application before the council. Attached is the revise deck replacement plan And the application for a change to approved plans. Larry Barnes will drop in to sign the joint approval letter as I am out of town till the end of the month. Ask him for the $20 as well. Thanks again, Steve Steven James Riden A.I.A. Architect P.C. Post Office Box 3238, Vail, CO 81658 -3238 970 - 328 -0458 970 - 389 -0150 cell SteveCD-riden1.com CONFIDENTIALITY NOTICE: This E -mail and any of its attachments contain proprietary information of Steven James Riden AIA Architect P.C. that is privileged, confidential or subject to copyright belonging to Steven James Riden AIA Architect P.C.. If you have received this E -mail in error or are not the named addressee, please notify the sender immediately and permanently delete the original, any copies and any printout. In addition, due to the potential that information exchanged by electronic media can deteriorate, be damaged, lost or modified unintentionally or otherwise, use of this electronic data by anyone other than Steven James Riden AIA Architect P.C., shall be at the sole risk of such user and without liability or legal exposure to Steven James Riden AIA Architect P.C. The recipient is responsible for verifying the accuracy of data against governing hard copy documentation. Recipient assumes all risks in the changing or modification of data and revisions or updating of hard copy documents. Thank You 1 Lynne Campbell From: bbruecker @aol.com Sent: Friday, June 10, 20113:00 PM To: Lynne Campbell; Bill Gibson Subject: Re: Receipts Follow Up Flag: Follow up Flag Status: Flagged Dear Lynn and Bill, Please have this email serve as my signature to the design review application. Is it fair to assume that this application will be in front of the DRB on the third Wednesday of June? Please let me know how to proceed from here. I understand from Tammy Nagel that Bill will be sending me the encroachment agreement from publics works. Barbara Bruecker, Board President - - - -- Original Message---- - From: Lynne Campbell <LCampbell @vailgov.com> To: 'bbruecker @aol.com' <bbruecker @aol.com> Sent: Fri, Jun 10, 2011 2:44 pm Subject: Receipts Hello, Attached are the receipts for the changed to approved plans design review application. We still need written approval from you for the application which you stated you will email to Bill Gibson. Thank you. Lynne Campbell Office Manager Community Development Department 970.479.2150 970.479.2452 fax vailgov.com twitter.com /vailgov How are we doing? Community Development Survey http: / /www.vailgov.com /channels /survey /showSurvey.asp ?survey id =55 &dept id =38 � f smi EuSMMG NOOp SRFS MEN NOOp NWtN�Y � 1" SIEFEK I Mp�f 1PEM N�Y/SiuN .XO n XwMmXYMu ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R110000630 Amount: $20.00 06/10/201102:36 PM Payment Method:Credit Crd Init: LC Notation: CREDIT CARD FROM BARBARA BRUECKER ----------------------------------------------------------------------------- Permit No: DRB110204 Type: DRB -Chg to Appr Plans Parcel No: 2101- 082 - 3402 -4 Site Address: 433 GORE CREEK DR VAIL Location: UNIT 16B, VAIL TRAILS EAST Total Fees: $20.00 This Payment: $20.00 Total ALL Pmts: $20.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- DR 00100003112200 DESIGN REVIEW FEES 20.00 ----------------------------------------------------------------------- - - - - -- TOWN OF UAIL COM DEU 15 S FRONTAGE RD. UAII, CO 01657 TOWN OF 0 VAIL � TO: Vail Town Council FROM: Community Development Department Memorandum DATE: June 7, 2011 SUBJECT: A request to proceed through the development review process with a proposal to re- construct and maintain existing private improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract, Tract A, Vail Village Filing 5, generally located adjacent to the Vail Trails East Condominiums at 433 Gore Creek Drive, and setting forth details in regard thereto. Applicant: Vail Trails East Condominiums Planner: Bill Gibson I. SUMMARY The applicant, Vail Trails East Condominiums, represented by Steve Riden Architect, is requesting permission to proceed through the development review process with a proposal to re- construct and maintain an existing stair and portions of a deck for Unit 16B, Vail Trails East Condominiums which are located on the adjacent Town of Vail owned Tract A, Vail Village Filing 5. On behalf of the property owner, the Vail Town Council shall approve, approve with conditions, or deny the applicant's request for property owner authorization to proceed through the Town's development review process. The approval of this request will only grant the applicant the property owner authorization necessary to proceed through the Town's development review process. II. DESCRIPTION OF REQUEST The applicant, Vail Trails East Condominiums, represented by Steve Riden Architect, is requesting permission to proceed through the development review process with a proposal to re- construct and maintain an existing stair and portions of a deck located on the east and north sides of the Vail Trails East building. These existing private improvements are associated with Unit 16B, Vail Trails East; but are located on the Town of Vail owned Gore Creek stream tract. There are limited records in the Town's archives concerning the subject stairs and deck, but the following is a summary of the information Staff was able to obtain from the archives: History of Tract A • The subject Town of Vail owned Tract A was previously part of a larger property owned by Vail Resorts. The subject Tract A is the remainder of this larger property left after the Vail Trails Chalets, Vail Trails East and Texas Townhouses were carved out as separate development sites. Tract A is not only the Gore Creek stream tract, but also a portion of property that separates Vail Trails East from the Texas Townhomes. • The Texas Townhomes were subdivided as Vail Village Filing 4 under Eagle County jurisdiction in September of 1963. • The Vail Trails Chalets were subdivided as part of Block 4, Vail Village Filing 1 under Eagle County jurisdiction in November of 1963. • The Vail Trails East was also constructed in the early 1960's under Eagle County jurisdiction with a condominium map recorded in November of 1964. • The subject property was platted as Tract A, Vail Village Filing 5, while under Eagle County jurisdiction in November of 1965. • The subject property was annexed as part of the original Town of Vail established in August of 1966. • The 2.7 acre subject Tract A, along with several other properties, were dedicated by Vail Resorts to the Town of Vail as public stream tract properties in July of 1984. • On October 6, 2009, the Vail Town Council directed Staff to maintain a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands. This policy was initiated to protect Vail's waterways and their surrounding riparian buffer zones, to provide public access to these recreational amenities, and to prevent the privatization of public property. History of Unit 16B, Vail Trails East • As noted above, Vail Trails East was constructed in the early 1960's under Eagle County jurisdiction with a condominium map recorded in November of 1964. • Lot 15 is the far eastern town house lot in the Vail Trails East building. • The 1964 Vail Trails East condominium map divided Lot 15 into three units: 15, 16A, and 16B. • Unit 15 occupied both the lower level and entire upper levels of the building on the southern one -half of the Vail Trails East building (parking lot side). Unit 16A occupied the upper levels of the building on the northern one -half of the Vail Trails East building (Gore Creek side). The subject Unit 16B occupied only the lowest level of the building on the northern one -half of the Vail Trails East building (Gore Creek side). • Originally, and still today, the entrance to Unit 16B is a ground level door located on the north side (Gore Creek side) of the Vail Trails East building. • This entrance to Unit 16B is one story below the grade of parking lot on the south side of the Vail Trails East building. The only access to the Unit 16B entrance from the parking lot/street is the exterior stairs located on east side of the Vail Trails East building. Town of Vail Page 2 • These existing stairs are located on Tract A, a Town of Vail owned Gore Creek stream tract property (the Vail Trails East and Texas Townhouses buildings are separated by a portion of Tract A). • There is no record in the Town's archives of the stairs or deck having Town of Vail design review or building permit approvals. • The existing stairs appear on a land survey from 1991, so there is documentation of the subject stairs existing, either legally or illegally, on the Town's property for at least 20 years. • The owner of Unit 16B has an active design review approval and building permit to construct a new bay window and to remodel the interior of their unit. They had proposed no changes to the existing exterior stairs or deck that encroach onto the subject Tract A. • During the course of construction, a gas line was discovered under the proposed new bay window, existing deck, and existing exterior stairs. • A gas line under a bay window, deck, and stair is a safety concern and a violation of the building code. So, the owners of Unit 16B were required to relocate this found gas line. • To excavate and relocate this found gas line, the existing deck and stairs were partially demolished. • During the excavation of the found gas line, it was discovered that the line had been previously abandoned and was no longer in use. Since this gas line was no longer in use, it poses no safety concern or building code violation. • The result was that the existing deck and stairs had already been partially demolished before the gas line was determined to be abandoned. • The building code requires that the repair and re- construction of the existing deck and stairs must comply with current building code standards. • The applicant is proposing to repair and re- construct the existing deck and stairs in compliance with the current building code requirements (e.g. installation of hand rails and modifications to the stair rise and run dimensions). • These changes to the existing deck and stairs require design review approval and amendments to the owner of Unit 1613's building permit. On October 6, 2009, the Vail Town Council directed Staff to maintain a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands. This policy was initiated to protect Vail's waterways and their surrounding riparian buffer zones, to provide public access to these recreational amenities, and to prevent the privatization of public property. There is no record that the subject stairs or deck were originally constructed with property owner approval from either Vail Resorts or the Town of Vail. There is no record that the subject stairs or deck were originally constructed with development review approval from either Eagle County or the Town of Vail. If the subject stairs and deck were not constructed legally, these improvements can not be considered "grandfathered ". If the subject stairs and deck were legally constructed, these "legally non - conforming" improvements could be maintained and repaired (if the repair or maintenance does not increase the non - conformity) pursuant to Chapter 12 -18, Non- Town of Vail Page 3 conforming Sites, Uses, Structures, and Site Improvements, Vail Town Code. However, the provisions of Chapter 12 -18, Vail Town Code, do not supersede the Vail Town Council's authority as a property owner to approve, approve with conditions, or deny the applicant's request to proceed through the development review process. The Town of Vail development review process requires all applications to have the authorization of the property owner. Since the subject private improvements are located on Town of Vail owned property, the Vail Town Council must authorize the applicant's application to re- construct and maintain the existing stairs and portions of the deck. The Vail Town Council, representing the property owner, shall approve, approve with conditions, or deny the application's request. Therefore, the Vail Town Council may: Allow the applicant to re- construct and maintain the stairs and deck in their previous configuration. Allow the applicant to re- construct and maintain the stairs and deck in a modified configuration, such as reducing the degree of encroachment onto the Town's stream tract. Deny the request and require the removal of the stairs and deck from the Town's stream tract. A vicinity map (Attachment A), the applicant's request (Attachment B), excerpts from the 1964 plat of Vail Trails East (Attachment C), the site plan from the current building permit (Attachment D), the applicant's pre- construction photographs (Attachment E), and April 26, 2011 photographs (Attachment F) have been attached for review. III. STAFF RECOMMENDATION There is no record that the subject stairs or deck were originally constructed with property owner approval from either Vail Resorts or the Town of Vail. Additionally, there is no record that the subject stairs or deck were originally constructed with development review approval from either Eagle County or the Town of Vail. On October 6, 2009, the Vail Town Council directed Staff to maintain a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands. This policy was initiated to protect Vail's waterways and their surrounding riparian buffer zones, to provide public access to these recreational amenities, and to prevent the privatization of public property. Based upon this policy direction, Staff recommends the Vail Town Council denies the applicant's requests. Should the Vail Town Council choose to deny the applicant's request, Staff recommends the Council pass the following motion: "The Vail Town Council, on behalf of the property owner, denies the applicant's request to proceed through the development review process with a proposal to repair and re- construct existing private improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract, Tract A, Vail Village Filing 5, located adjacent to the Vail Trails East building at 433 Gore Creek Drive, and setting forth details in regard thereto." Town of Vail Page 4 Should the Vail Town Council choose to approve the applicant's request, Staff recommends the Council pass the following motion with the following conditions: "The Vail Town Council, on behalf of the property owner, approves the applicant's request to proceed through the development review process with a proposal to repair and re- construct existing private improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract, Tract A, Vail Village Filing 5, located adjacent to the Vail Trails East building at 433 Gore Creek Drive, and setting forth details in regard thereto, subject to the following conditions: 1. This approval is contingent upon the applicant obtaining Town of Vail design review and building permit approvals for this proposal. 2. Prior to construction, the applicant must execute an agreement for the use and maintenance of Town of Vail property in a form acceptable to the Town Attorney." Please be advised that should the Town Council choose to approve this request, such an approval would not constitute an explicit approval of the proposed improvements. The approval of this request will only grant the applicant the property owner authorization necessary to proceed through the Town's development review process. IV. ATTACHMENTS A. Vicinity map B. Applicant's request C. 1964 condominium plat excerpts D. Site plan from current building permit E. Applicant's pre- construction photographs F. Photographs from April 26, 2011 Town of Vail Page 5 Vail Town Council Attachment A 1 ,r • • 'A.:j� qjok I N \ • A . \ \ � IrA ''Z- � VAII VALLEY OR • Z • ..- _ - Q \ CAM O IIAM— Town of Vail Page 6 Vail Town Council Attachment B Steven j ames } iden A. A. Arckitect FIC, P.O. E ) ox 3235 W1, CO 81658 -'7238 97 0 -5 28 -04 97 0 -3 - 50 mobde stcvcOriden I .com Mem6er5 of the Vail Town Council The Town of Vail, Colorado In reference to the Vail Trails E - a5t Condominiums, Lots 7 -14 block 4, Vail Village i" riling. Otherwise known as; 433 Gore Creek Drive, Vail Colorado, 8 1 638 Greetings and salutations, The Vail Trails East Condominium Association at 433 Gore Creek Drive wish to request from the Vail Town Council as representative Property owners to allow the re- construction and maintenance 6 the Vail Trails East Condominium Association, a portion of existing decks and an access walkway runningadjacent to the eastern edge of property and presently partially rests upon a portion of the Town of Vail Gore Creekjtream tract created in the 1980'5. It is known that the configuration has not been altered since the original construction of the property in 1964. This is verifiable 6 original construction documents and condominium declarations. And that these non conformities have only come to light because of recent construction activities requiring the removal of a portion of the stair, walkway and deck forgas utility line verification per the building code. The most recent construction included design review and permittingto repair the existing deck and the assumption that this access was always available and considered a rightforthe eastern units. This walkway, stairs and deck have always been maintained and repaired 6 the condominium association and no one else. It is known that there have always been 25 fee simple units on lots 7 through 15 and the condominium declarations confirm that the limited common elements do not give access to unit 16rj which is on the lower level and is accessed only via the walkway, stairs and deckfor the past 47 years. Town of Vail Page 7 It is not known if there was an agreement with Vail Associates to maintain the existingwalkway and access prior to the dedication to the town as a stream tract or should the dedication have included an easement at that time to accommodate the access rights for the property owners for the eastern units. It is believed that there is an agreement with the property owners along Gore Creek Drive including Vail Trails Clialet, Vail Trails East and the Texas Townhomes among others, and the Town of Vail f u61ic works for the maintenance of Town property adjacent to their respective properties carried out around the time of the abandonment of Chalet Road for use. This could have included this walkway. The agreement is not recorded with the county and does not appear on title insurance documents. It should 6e noted that this access serves additional purposes that comply with the necessity for exiting the property safely and fire fighting capabilities to the rear of the structure as well as utility maintenance and services. The owners and Condominium Association recognizes and respects the goals and o6iective5 for the Town of Vall's Master flan and has no desire to restrict public access or privatize any portion of the stream tracts and as citizens encourages the policies and goals for the benefit of everyone. It could 6e 6e5t stated that in retrospect the access to the units on the eastern portion of Vail Trails East could have 6een granted much earlier or certainly from a more detailed inspection when the stream tracts were dedicated 6 the resort company. As there is not a provision for adverse possession between a person and a municipality and the use has been established for at least 3O and pro6a6ly 47 years, this seems the most prudent avenue to resolve the existinganomaly. It is requested therefore that the Town of Vail allow the owners of the Vail Trails East to re -build the walkway, stairs and deck in accordance to the building code requirements and direct the staff and the town attorney to draft an accepta6le agreement for the continued use as an access to their property. It is prefcrred that the agreement 6e an casement versus a lease as therc is no income derived from this access. This agreement may also include the provision that the responsibility for the maintenance of this access lie with the condominium association and not place any additional 6urden or liability to the Town of Vail. Respectfully submitted, Steven James Riden N.A. Architect Town of Vail Page 8 Vail Town Council Attachment C ' W W Cn J U- O CL Q Q 'R 'R a C i �a 2 o '<^ \ $ > e '•a $$ E a Q W � o ° nt j ea F 'c.g r Xce C i �a 2 o '<^ \ $ > e '•a $$ E a Q W � o ° nt j ea F s 1 14 I'S c ak E'{c � • `f r�F' c ` Zee` �55 e'� Y,,t � •'�.E'W�i N ��a. � aS �3 � ��w - •a eiL�e t Town of Vail Page 9 I it End F 0 0 Xxo o N o r tai Town of Vail Page 10 Vail Town Council Attachment D � _ �Fti o� �TO �- EXISTING WALL OUTLINE ABOVE AREA REQUESTED FOR VARIANCE (INFILL BELOW EXISTING BAY ABOVE) ■ 6173.9 Y 6177.6 ■6176.2 V.0 xv.0 PAP �G 6179.4 Tb fig �6179.t ■6177.4 r Q; Town of Vail Page 11 Town of Vail Page 12 Vail Town Council Attachment E Y( " } AOL i+` r m �= ILL MW 4Al Town of Vail Page 14 Town of Vail Page 15 Vail Town Council Attachment F Town of Vail Page 16 Town of Vail Page 17