The URL can be used to link to this page

Home My WebLink AboutDRB110215 ��i�r� I��i�� r��l ��TI��I F�F�1�1 � - � � � ��rtrr��r�t �f ��r�r��r�i�� I��r��r�� # �.� �� Fr�r�t�� F�� i I� ��I�r�� 1�.�� I: ��.��.�1�� f��; ��,��.��.�� 1�1.��1'-'i C�wEL��i_�- �� .��I��f�l Project Name: MATHIAS TERRACE AND DECK DRB Number: DR6110215 Project Description: NEW TERRACE AND EXTERIOR STAIR TO MATCH EXISTING. OVERLOOK DECKS, MATERIALS AND COLORS. Participants: OWNER MATHIAS, DIANA R. 06/17/2011 1330 SANDSTONE DR 1 VAI L CO 81657-4442 APPLICANT MATHIAS, DIANA R. 06/17/2011 1330 SANDSTONE DR 1 VAI L CO 81657-4442 Project Address: 1330 SANDSTONE DR VAIL Location: OVERLOOK AT VAIL UNIT 1 Legal Description: Lot: G4 Block: Subdivision: OVERLOOK AT VAIL Parcel Number: 2103-121-2300-8 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPP Second By: Vote: Date of Approval: 07/05/2011 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. Planner: Bill Gibson DRB Fee Paid: $250.00 ' `�� s � Department of Communi#y Developmen�;� � ` � �� " � � , 75 South Frontage Roacl �, ., ' � �*+ •.. # ,`+ ,y ,� � . ,i � �' ,��a�"+ ,• �, y Va��.�Q��}�Gid� 81657 * � °� ,� S� d , ` iq�� , � ��, ,. ��„� -„�i�►� _'�"'.,�• �� ° �..�� .Fax: 970-479-2452 � ,,�.'`� � �` . * . ' �,�i�>�" " _ - . ��Ve�b: www.vailgov:com �{y� //�yyyr t � >�_ _ .��' � - �_. r _ enf Review Coordin�tor � �.4M..��f� . .' S.,� µ ` /~• � -+� }# 1�ff`""��^ .t`�'��`!,'��".1 Application for Design Revie Minor Exterior Alteration JUN 15 2011 General Information: This application is required for all proposals involving min r c b��g� �J site i - provements, such as roofing, painting, window additions, landscaping, fences, ret ' ' , . il Town Code sections can be found at www.vailaov.com under Vail Information — Town Code Online. All projects re- quiring design review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Plan- ning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Fee: $250 for Multi-Family/Commercial $20 for Single Family/Duplex Single Family Duplex _�Multi-Family Commercial Description of the Request: � ��.r,�� ,e��ir�� tr -� � 1 Physical Address: ' Parcel Number: • � • (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: , s Mailing Address: � �NtJ Phone: �Owner's Signature: , � �l�L Primary Contact/ Owner Representative: Y W fi�� '�'� � 1 / Mailing Address: � Phone• E-Mail• ��►�!��K`�. NY�v Fax• �T For O�ce Use Only: Cash_ CC: Visa/ MC Last 4 CC # Exp. Date: Auth # Check#� Fee Paid: 2�U '" Received From: �v�^� ✓��t'(�'\ i �✓L Meeting Date: DRB No.: �(�l l ��\�'J Planner: Project No: _ �Z� i�-o a�3 Zoning: Land Use: Location of the Proposal: Lot:�Block: Subdivision: (�VE.R�.00�C �T VA 1 L ol-Ja�-11 DocuSign Envelope ID:5FACE7C1-5474-433D-86EC-EE7F4EFD1F76 MAINTENANCE AND INDEMNITY AGREEMENT THIS AGREEMENT is made and entered into this 25�'day of May, 2011 Diana Mathias ("Owner"), whose address is 1330 Sandstone Dr. #1 Vail, CO 81657and Overlook at Vail Townhomes Inc. and its officers, and directors, individually(the'Association')with a current address of c/o Crossroads Realty Ltd, P.O. Box 1292, Vail, CO 81658. RECITALS (a) The Association is the Association named and referred to in the Declaration of Covenants, Conditions, Restrictions and Easements of the Association, recorded on 12/28/1995 at Reception Number 580705, Book 684 and Page 700 in the office of the Clerk and Recorder of Eagle County Colorado, as supplemented and amended ("Declaration"). (b) The Owner is the owner of the property commonly known as the following("Townhouse Unit"): 1330 Sandstone Drive#1, Vail, CO 81657 With a legal description of: Subdivision: OVERLOOK AT VAIL IJNIT 1 R673618 MAP 10-22-98 (c) Pursuant to the Declaration and Colorado law, the Association is obligated to maintain the Common Elements and other specified property within the Association, as more fully provided in the Declaration and other covenants. (d) Pursuant to the covenants, no owner shall make any addition or other alteration to any portion of the Association Owned Property or Common Area(referred collectively hereinafter as "Association Area")without the express written consent of the Board. (e) The Owner is requesting approval to install a patio and staircase as indicated in the attached request (the"Patio"). It is unclear whether the Patio is completely within the Townhouse Unit Lot but it likely is at least partially in the Association Area. (fl The Association's Board has expressed concern that the approval may result in additional maintenance, risk, and liability for the Association although may add value and owner enjoyment to the Townhome Unit. (g) The Association's Board desires to approve the Patio contingent upon the Owner's execution of this Agreement and the intent of this agreement is to prevent any additional expense to the Association now or in the future related to this Patio approval. W:\ASSOCIATIONS\OVERLOOK AT VAIL\Units\Unit 1\Mathias unit 1 agreement and indemnification and sketch re back patio addition revised version from Karen Berndt email dated 6-8-2011.doc Page 1 DocuSign Envelope ID:SFACE7C1-5474-433D-86EC-EE7F4EFD1F76 (h) The Owner desires to protect and hold harmless the Association from all claims, damages, risks and liability associated with, reasonably necessary, incurred or required by virtue of the Owner's installation or maintenance related to the Patio. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Proqosed Imqrovements. Subject to the terms of this Agreement, the Association's Board approves Owner installing the Patio. 2. Maintenance and Repair. The Owner agrees to perform all maintenance and repair of the Patio, including any maintenance and repair deemed necessary by the Association from time to time to preserve or protect the value of the Association. 3. Insurance. The Owner agrees to obtain and maintain hazard and liability insurance covering the Patio as if this were included in the Declaration related to owner's insurance responsibility. Maintenance of the required insurance protection does not relieve the Owner for any losses not covered by the above required policy. 4. Indemnification. The Owner agrees that the Association will not be responsible for any damage that may occur as a result of the installation, operation, maintenance, repair, or removal of Patio. The Owner agrees to and shall indemnify and hold harmless the Association of and from any and all liability, loss, damage, (including reasonable attorneys fees), manner of action, inactions, cause and causes of action, suits, controversies, claims and demands or claim of loss whatsoever, in law or equity, against the Association or which the Association may suffer as a result of or in any way related to the installation, operation, maintenance, repair, or removal of the Patio. 5. Release. The Owner hereby releases and forever discharges the Association and by these presents does, for himself, his successors and assigns, of�icers, directors, shareholders, and agents, demises, releases and forever discharges the Association, its successors and assigns of and from any and all liability, loss, damage, (including reasonable attorney fees) manner of action, inactions, cause and causes of action, suits, controversies, claims and demands or claim and loss whatsoever, in law or equity, against the Association that Owner ever had, now has, or which his successors and assigns, officers, directors, shareholders and agents hereinafter can, shall or may have, for, upon or by reason of, any matter, cause or things whatsoever, relating to the installation, operation, maintenance, repair, or removal of the Patio and any other modification associated therewith as may previously have been made or may yet be made by the Owner. This includes if the Association damages the Patio in negligence or if the Association damages the Patio in an effort to maintain or improve the building or common area. DocuSign Envelope ID:5FACE7C1-5474-433D-86EC-EE7F4EFD1F76 6. Recordin�. This Agreement will be recorded with the Clerk and Recorder of Eagle County, Colorado. 7. Egqenses. All expenses associated with this approval shall be the responsibility of the Owner including but not limited to the legal review of this A�reement, HOA expenses from management to facilitate approval and any subsequent issues associated with and due to the approval of the Patio. All of these expenses and Remedies outlined in section 10 above shall be considered assessments against the Townhouse Unit and enforceable as such according the Association covenants. The intent being that Association will add no additional expenses as result of the changes approved, now or in the future. 8. Subsequent Standards/Rules and/or Retroactive Requirements. The Association may set reasonable rules and standards, outlined by policy and/or within governing documents, either now or in the future, related to any approved alterations by Townhouse Unit owners and their predecessor Townhouse Unit owners. 9. Permits and DRB Anproval: Any responsibility related to building permits will be obtained properly and all inspections done in a timely manner. 10. Covenant Not to Make New Additions.Alterations or Modi�ications Without the Prior Written Consent of the Association. The Owner agrees and acknowledges that the terms and conditions of the Declaration prohibit additions or alterations to any portion of the General Common Elements or Limited Common Elements without the express written consent of the Board, as more fully provided in the Declaration. In this regard, any further exterior modifications desired or requested by the Owner to the Patio will not be made by the Owner without application to and the prior written approval of the Board. 11.Time Limit. This approval is contingent upon the work on site beginning no later than one year from the date of the approval and the project must be coordinated so as to be pursued vigilantly to completion including no stopping due to season changes(i.e. if the project isn't completed prior to winter stopping until spring). The Association may complete a partially completed project at the Owners expenses to preserve or protect the value of the Association and the Townhouse Units therein. 12. Benefit. This Agreement should be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns, including all future owners of the Townhouse Unit. 13. Enforceabilitv. The invalidity or unenforceability of any particular provision of this Agreement shall not in any way affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. DocuSign Envelope ID:SFACE7C1-5474-433D-86EC-EE7F4EFD1F76 14.Governin�Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue shall be proper in Eagle County, Colorado. 15. Remedies. In the event of a default under the breach of this Agreement, the remedies available to the non-defaulting party shall include all those remedies provided in the Declaration, or other legal documents of the Association, together with specific performance, damages or both, including reasonable attorneys' fees. 16.Amendment. This Agreement may not be amended except by a written instrument signed by all of the parties. IN WITNESS WI�REOF, the parties have executed this Agreement as of the day and year first above written. Owner: Association Board (3 of 3 Board Members): DocuSigned by: �6� ��../��'!� �If�3R�I�Yas Board Member 1 (Diana Mathias abstained) DucuGgned by. �RlM .V, �ChtT7 F�°a��i'��fber 2 DocuSipnea by. L��l�t:�f� t9�@��f�ff@ber 3 Mathias- s��r Site Grading Plan June 2Q11 ili`:.�.:ICk;ti'tAii i:_.....SU:i;;• 7+.1;il�t�;zep�r.li�: y��,{�7.1��p 9IE.�l:.t�ii;i: •.kAwedd.tam k . h . w e b b a r r h i t e r t J . P � . . , „ . .._. _. ,�„ . � . ... � Mathias— Stair & Patic Perspective May 201 I �rc� .�' �_ � 71U A'k;�Lir,��j:�(�p CIACIf,SUI1E F. Y�IL totoAFnn 61+.SS k . h . w e b �J 970 !77 7999 u;p ,7; ta6',IF� .I/rell� ...i�fe:n ., .. ......�.•.a �....-�::�: . .le�:":::. a i c h i t e c t J . p c