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HomeMy WebLinkAboutVAIL LIONSHEAD FILING 1 BLOCK 1 LOT 6 TREETOPS COMMON ELEMENT 1990 1999 LEGAL.pdfol Design Review Action Form Alchitect/Contact. Addless and Phone: Projcct Strcct Addrcss: Lcgal Dcscription: Parccl Nurnbcr: C'omments: TOWI{ OFVAIL Proiect Name: Treetops Projcct Dcscliption: Stccl tubc mil on retaining wall Owncr. Address and Phone: 476-6342 452 E. Lionshead Circle Lot 6. Block l. Lionshead lst Jeff Brown 452 E. Lionshead Circle. Vail 476-6982 BuildingName: Treetops Tom Weber, Fritzlen Pierce Briner 1650 E. Vail Vallev Drive Cl. Vail Motion by: Clark Brittain Scconded by: Hans Woldrich Vote: 3-0 (Bill Pierce & Tom Weber abstained) Conditions; none Town Planner: Christie Barton Datc: 7llilg9 Board / Staff Action Action: Approved DRB Fee Pre-Paid:$20.00 qu"rtiuns?Ql thc Plarrning Staff at 479-2 126 APPLICATION FOR DESIGN REVIEW APPROVAL GENERAL INFORMATION /y "r k r r ? tL.&,; fpo5t c7 This applicatiorr is fbr any projcct rcquiring Dcsigr Rcvicw approval. Arry projcc)*requiring dcsig,n rcvicw rrrur^t rcccivc Dcsigrt Rcvicw approval priorto r^ubrnitting for a building pcruri( for spccific iufonnation. sec thc subltittal rcqttirctttcttts lbr thc particular approval that i.s rcqucstcd. Thc application cannot be acceptcd until all thc rcquircd intbrnration is subnriftcd. The projcct ntay also need to bc rcvibwcd by thc Town Council and./or thc planning and Enviroutncntal Cotttttrission. Dcsign Rcvicw Board approval cxpires one ycar aftcr'final approval trnlcss a building pcrmit is issucd and construction is startcd. IJ. D. E. F. C. DES.CRTPTTON OF THE, REQUEST:oJ -fuP or (Ler+tn! H. TYPE OF REVIEWAND FEE: E Ncw Construction - $200 Construction of a ncw buildine. <6'-f\,+ <--r8a- fqae, Pate Vt-,lrJs-r :e4o of i-Joao oE (ZY--]A I-OC.ATION OF PROPOSAL: LOT: (O I]LOCK:FII-tNC: PHY.SICAL ADDRESS:24 E. L-tor!<E4D C- IQ.-c.u€ PARCEL N&l<S (Coutact Eaglc Co. Asscssors Officc at 970-328-tt640 tbr,parcel #) - ,-<'l \r ' ZONING: L'2(_)J),' NAME OF OWNER(S): MAILINC ADDRESS:lrE'4D Cr?.)L ao tb61 PHONE: 4-Kc,- OWN ER(S) SIGNA'TURE(S): NAME OF APPLIC]ANT:o$=4 N4AILING ADDRESS:JAtw r(o tr Addition - E Minor Altcration - $50 Includes any addition whcrc squarc footagc is addcd to any rcsidcntial or commcrcial buiiding. $20 Includcs rninor changcs to buildings and sitc inrprovcmcnts. sr.rch iis, reroofing, pai.ting, window additions. randscaping. fcnccs and rclainins walls, ctc. EI Conccptual Review ' $0 For any application where the applicant wishqs to nrect with Dqsien Rcviov Board to dctemlinc whcthcr or not the projcct gcrcrally conrplicsivith tlrc dcsign guidclines.,Thc DRB docs not votc on conccptual rcvicws. DRB fccs arc to bc paid at thc tinrc of submittal. Latcr. whcn applying for a building penlit, plcasc idcltif5,thc accuratc valuatiou ofthc projcct. TheTown ofvail will adjust thc fcc accordirrg to thc projcct valu.tioir. PLEASN SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREI\{ENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT, T5 SOUTI{ FRON'I'AGE ROAD. vAIL, COLORADO 81657. PHONE: !tH u- .J PFH u J J { Au uo $p Hz 50 Fl d$ iftHs :H*$ iE= H t,i, lu o .{ bt XO 5o vz "v 2t JL F rtl t tu kur \ro u<.zv JO z o tr { lu J tu I Q FRITZLEN PIERCE BRINER FF''.EAT N'*IEI TREETOPS ADDITION Pi&t EO1- l{Or .l1ll ) t99E 9ATE oETAtL t!,t,cER, r,lo.o4 5|GET REFI Alol fltr.{|]€ Ar.;r.{rEn,IE nfiE onS lE bt vdt vall EFrv tUryD(-l VAL 6tomb Ot6,rl (c1ot 1L.6E12 |'gr. (.1o, 1L-4al E-tblt ?pato"a&t t .-. Agt *to b-t14b o De sign Review Action Form TOWNOFVAIL Projcct Name: Treetops Plojcct Dcscription: Rcplacement of retaining wall Owncr, Address and Phonc:Jeff Brown 452 East Lionshead Circle. Vail 452 f,ast Lionshead Circle Lot 6. Block l. Vail Lionshead lst Building Name: Treetops I TomWebber Fritzlen Pierce Briner 1650 [ast Vail Valley Driveo C-1, Vail, CO Alchitcct/Contact. Addrcss and Phone: Projcct Strcet Addrcss: Legal Description: Parccl Number: Cornments: Board / Staff Action Motion by: nla Secondcd by: Vote: Action: StaffApproval Conditions: Replacement wall not to exceed size of existing wall Town Planner: Christie Barton Date: 4116198 DRB Fcc Pre-Paid: "! RET WALL T'JEh{Y{pOO FENAE ------to{o ?'-6" zt.z s\ 7 v /,4 I ,l I =f I NEF{ AMU AALL ?1vCCO 90JH 319E9'tO v.A'tCH EXI*. TEXTURE COLOR 26.b1 'rb.A. =P,'lHen z'a',voD eAle W LOCR sITE PLAN tlb" . t'-O' FRITZLEN PIERCE BRINER FFO.EAT NAME' TREETOPS ADDITION "a/OECT t9. q1|3. t99E DA1E DETAIL t{l.h,€ER' D2.Ol gHEET iEFI Alol tX, bJ Vdl V.lb! tnv.ltlryDC-l v.tl, bb& Cl.E.l a|iat 11..t'4Z rd(nO) +t4Al E-t.',,lll'ts'Cab?&t1.l A5t i2 1-194D A o z[r :o tz lu tu zu- !tH IL .J PFH ul JfiHU IHil$ ii=I t.i, F o t lu Fur UA ru<zv JO ... \ )) tu o .{ bt xo :o vz ut 2N JL z o F { lu J tu t 4 \ .-\ "1 ,/ ' -.,l-- oo Design Review Action Form TOWNOFVAIT Project Name: Treetops Residence Project Description:Entry Addition Owner, Address and Phone: JeffBrown 452 East Lionshead Circle, Vail, CO 81657 Architect/Contact, Address and Phone: Tom Webber Fritzlen, Pierce & Briner 1650 East Vail Valley Drive, C-1, Vail, CO 81657 Project Street Address: 452 East Lionshead Circle Legal Description: Lot 6, Block I, Vail Lionshead First Filing Parcel Number: BuildingName: Treetops I Comments: PEC approval October 27,1997 with the condition that the exterior lighting of the entire Structure be brought into compliance with the Town of Vail Coile. Board / Staff Action Motion by: Clark Brittain Action: Approval Secondedby: Ted Hingst Vote: 4-0 @ill Pierce recused himself) Conditions: l. That a planter be added to screen the dumpster. 2. That the revised plans be submitted as part of the building permit application. Town Planner: Christie Barton Date: February 5,1998 DRB Fee Pre-Paid: $50.00 A. B. C.,.' :': D. E. DESCRIPTION OF T NAME OF OWNER(S):eFt ?4d MAILINC ADDRESS: CO owNER(S) STGNATURE(S)l NAME OF APPLICANT1TO @w 6o tu, OP€ b PHONE: a-Q-F. G.le? M4rLlNc ADDRESS:VArr.- r (p PHONE: AND.THE FEE:TO THE Januarg 12, FqO Dominic Vauriello Town ?lanner Town oF Yail Re: TreeLops I Condominium NeLU Enlru Lol b, Block 1, LionEhead 1el vail, co ARCHITECTS Dominic. Todag I am submilLing to Lhe DRB an applicalion lor approval regarding a new enlrV on TreeLops I building locaLed in lhe CCll disLricL oF Lionenead. The currenl deeign is in conFormance wiLh 6ecLion 1b.26.O1O. The original building deoign did noL include an enclosed enLrg area. ln recenL Ueare, and wilh respecl Lo Lhe AFA, lhere has been a need lor secured enLrg, sKier sLorage, and improved access Lo Lhe building, all oF which are permiLLed uses. The desiqn lhal I am proposing noL onlg deFines an enLrg elemenL, buL also orovides Lhe uniL owners wiLh an area Lo wail for buses or oLher rides. The vaulLed roof lorm on Lhe new enLrg is consisLenl with lhe exisling vaulLed roof Forms. FlaL rool Forms are also consisLenL. The cleregLorg windows on lhe wesL, and lhe large openinqs loward Lne norlh will provide indirecL sunlighL Lo flood lhe epace wiLhouL massive heaL buildup. The heiqhl ol Lhe addition is well under lhe allowed. ExLerior Finishes will maLch exisLing Finisnee. Thie new addiLion will be conLiguoue wifh lhe exisLing sLrucLure. ne are aleo planning on replacing Lhe exieting drivewag and walKwags wilh healed pavers. I leel LnaL the impacL of lhis deeign on Lhe surrounding areas will be minimal. An exizLing as?en qrove will shield lhe proposed localion ol the addiLion lrom Lhe view From Lionehead circle even Lhough lhis was noL our inLenLion. The role oF Lhis addilion is lo give TreeLops a "fronl door" wiLh some relalionship lo the slreeL and d?ivewau. ll urill also provide TreeLops lhe amenilies LhaL oLher condominiums enjog. I looK Forward lo presenLing lhiz design Lo gou and Lhe Design and Review Board. ReFer lo our earlier "EC ap?licalion and lile for calculaLiong regarding allowable s .F . and landscaping issues. ?lease call me if Lhere is addiLional inf ormalion LhaL gou require. Tom Aeber K:\q'71q TreeLope Canao\D?gnarraLiye.wpa Planning o Archil"ecture a lntcriors 1650EastVail Valley Drive FallridgeC-1 r Vail,CO81657 r fpb@colorado.net . fax (970) 476-49{)1 . (970) 476-6342 o {o A..ro+l bo6,7, Morcr.r E*,ldT 'ft 6T(,irl fevl6t' Doors o *Minimum requirements for landscaping:deciduous trees - 2 inch caliper conifsrous trees - 6 feet in hcight - 5 gallons Square Footage Type @a Treetops Condominium Arroriation C/O Vail Home Rentals 143 East Meadow Drive - suite 397 0 Vail, co 81 657 (g7o, 476-222r Office . (gto) 476-2684 Fax o I -8OO-525-98O3 Toll Free e- ma i I : va i l-ho m e-ren tal s @ toski.com . htti; / / www.toski.com/vhr September 16,1997 Commmity Development Town of Vail 75 S. Frontage Road W. Vail, CO 81657 RE: Remodel of Treetops Condominiums. Ladies & Gentlemen, The Board of Directors has unanimously approved the submittal of the anached proposal for remodel . Our intention is to improve the appearance ofthe buildings and provide bener accessiblity. Should you have any questions, please do not hesitate to call. u$-" 6'-"'' Larry G. Bames MaoagingAgent FrlzlenPierceBriler ARCHITECTURE PLANNING INTERIORS DATE: ATTN: _ SPECIFICATIONS SHOPDMWINGS OTHER ITEM NO. NO. OF COPIES DESCRIPTION LETTER OF TRANSMITTAL (.o.Y ATTACHED PLEASE FIND: X PROGRESSPRINTS PLANS @qce D% 6t\<€Ts THE ITEMS LISTED ABOVE ARE: FOR REVIEWANDCOMMENT -AS REQI.JESTED OTHER X ro* YouR usE RETURNED AFTER REVIEW REMARK5: %tLr€'tt Lldr lbu< ad quen to,tu'('tb - cz+z ,".:(ot-, txi)e@a/ coPrESTo: Ptt-g L:\8000\TRAN8000.wPD surTE c-l vAtL coLoMDo 81657 970476-6342 F AX 970-47 64901 rllRc8 lrnzLEN INC, DBA 'TTZLEN PIiRCE BTINET 1650 EAST VAIL VALLEY DRIVE , F. aPPRotDDOgC 0I 89? TILE |]OPY 1. A request for approval of a major exterior alteration, to allow for the construction of a new entry and common area in the Treetops I building, located at 452 E. Lionshead Circle/Lot 6, Block 1, Vail Lionshead 1st Filing. Applicant: Treetops Condo Association, represented by Larry Barnes Planner : Dominic Mauriello Dominic Mauriello gave an overview of the staff memo. Greg Moffet asked if the applicant had any comments. William Pierce, on behalf of the applicant, had no commenls. John Schofield had no comments. Gene Uselton had no comments. Greg Amsden inquired about the existing landscaping in front. Bill Pierce said there were pine trees. Ann Bishop commended the applicant on the improvement. Diane Golden had no comments. Greg Moffet stated for the record that this application was consistent with the purpose statement in the CC2 Zone District. Dominic Mauriello stated that the applicant would bring the lighting into compliance. Planning and Environmental Commlsslon Mnutes October 27. 1997 Greg Moffet suggested making the lighting a condition. John Schofield made a motion for approval with 1 condition that the exterior lighting of the entire structure be brought into compliance with the Town of Vail code. Ann Bishop seconded the motion. The motion passed by a vote of 6-0. Planning and Environmental Commisston Mnutcs Octobor 27. 1997 Town of Vall Department of Communlty Development 75 S. Frontage Road Vall, CO 81657 Name: Address: Project: Account No. 001 0000 314 1 110 Please make checks payable lo lhe TOWN OF VAIL llem Receipt No oa"JLJZ,.Q6-- otal 001 0000 3141112 Unilorm B Uniform Plumbino Code 001 0000 3141112 001 0000314 t112 001 0000 314't112 Unilorm Fire 001 0000 3141112 0010000314111 National Electrical Code r Code Books 001 0000 3141211 00100003141111 001 0000 314 1 11 1 Master Plans, etc. 001 0000 315 3000 001 0000 311 2300 001 0000 315 001 0000 312 3000 001 00003124000 001 0000 3 r2 4000 001 0000 311 2200 001 0000 315 3000 001 0000 240 3300 001 0000 3121000 001 0000 230 2000 '001 0000201 1000 ;oor boIo sio rloo 001 0000 311 2500 ooi b-o-oo si 1-2500 001 0000 311 2500 001 0000 311 2500 001 0000 311 001 0000 311 2500 Penaltv Fees/Re- Plan Review Re-check Fee ($40/oer hou Hours Insoection Fees Contraclors License Fees Sion Aoolication Fee Additional Sion n Review Board Fee (Pre- Building Investigation Fee Developer lmorovement Aoreement Restaurant License lee Spec. Assess.-Reslaurant Fee to Co.Dept.Flev. Taxabfe @ 4.5% (State) - Tax pavable Taxable @ 4.0% (Town) - Retail Sales Tax PEC APPLICATION FEES Additional GRFA - '250" Conditional Use Pe Exterior Alteration - Less than 100 Exterior Alteration - More lhan 100 so, tt. Special Development District - NEW al Develooment District - Maior Amend 001 0000 311 2s00 001 0000 311 2500 I Develooment District - Minor 001 0000 311 2500 001 0000 311 2s00 001 0000 311 Zonino Code Amendments TOTAL: Commenls: Cash -- Money Order # 6t rllt TOWN OF VAIL Dep a r t ne nt of C om munity D eve lop me nt 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 October 27,1997 Bill Piercc Fritzlcn Picrcc Bdncr 1650 East VailVallcy Drive Vail, CO 81657 RE: Dcar Bill: PEC apploval of major cxteriol altcration for Tleetops Building 1,452 E Lionshcad Circlc/Lot 6, Blk. l, Vail Lionshead lst Filing Thc Planning and Environmcntal Corrrmission, at its Octobcr' 27,1991 , approvcd your rcqucst for' a mqiot'cxtct'ior altcration to add 476 sq. ft. of common alca for a ncrv cntry addition. 1'hc approval is subjcct to tltc condition that all cxtcrior'lighting bc brought into conformancc rvith thc Municinal Codc. You may now subnrit an application for Dcsign Rcvicw Board approval. Ifyou havc any qucstions, plcasc call rnc at479-2148. Sinccrcly,t^ all v,,r'- u Dominic F.auriello, Town Planner {P r""'""o '^'uo TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department october 27. 1997 A request for approval of a major exterior alteration, to allow for the construction of a new entry and common area in the Treetops I building, located at 452 E. Lionshead Circle/Lot 6, Block 1, Vail Lionshead 1st Filing. Applicant: Treetops Condo Association, represented by Larry Barnes Planner ; Dominic Mauriello I. DESCRIPTION OF THE REOUEST The applicant is requesting a major exterior alteration in order to construct a new entryway to the Treetops I Condominium. According to Section 18.24.065(3Xa), of the Zoning Code, applications for building alterations which add more than 100 sq. ft. of floor area are considered major exterior alterations and must be reviewed by the PEC to ensure compliance with relevant planning documents. The proposal adds approximately 476 sq. ft. of common area to the building. The building addition is located on north side of the buibing and is one story in height. The addition has sloped roof sections similar to those on the roof of the existing building. There is a flat roof section which provides protection for the proposed pedestrian doonuay to the building. The proposal also provides for revised landscape areas and a widened driveway approach to the building. Several trees are being relocated by this request and there is a net loss of landscape area. The landscape area is being lost where the addition is located and due to the improved driveway access to the front of the building. Although there is a net loss of landscape area, the site remains in compliance with 20% minimum area requirement. The proposal will also improve the handicap accessibility to the building by providing a sloped approach to the building rather than the existing steps. II. ZONING ANALYSIS Zoning: Lot Size: Standarq Allowed/Required Common Area: 6,619.2 sq. ft. (35%) Site Coverage: 27,083 sq. ft. (70%) Landscaping: 7,738(20%) cQ2 38,640 sq. ft. (includes residential, parking, and commercial sites) Existing 5,339 sq. ft. (28%) 21,970 sq. ft. (56.9%) 13,353 sq. ft. (34.6%) 1 Proposed 5,815 sq. ft. (30.7%) 22,446sq. ft. (58.1%) 13,763 sq. ft. (35.6%) III. REVIEWCRITERIA A. Compliance with the Urban Design Guide Plan for Lionshead This location is not identified in any of the sub-area concepts specified in the Urban Design Guide Plan for Lionshead. However, staff believes the proposed improvements are consistent with the design guidelines and compatible with the existing architecture of the building. The proposal complies with the development standards of the Zoning Code. B. Compliance with the Urban Design Considerations for Lionshead and CCll Exterior Alteration Griteria This location is not identified in any of the sub-area concepts specified in the Urban Design Considerations for Lionshead. Again, staff believes the proposed improvements are consistent with the design guidelines and compatible with the existing architecture of the building. The proposal complies with the development standards of the Zoning Code. c. compliance with the vail Land use Plan The following goals of the Vail Land Use Plan are applicable to this proposed alteration: 1.3 The quality of development should be maintained and upgraded whenever possible. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. Staff believes that this proposal is consistent with the Vail Land Use Plan. D. Compliance with the purpose statement for the CCz zone district According to Section 18.26.010 of the Zoning Code, the purpose of the CC2 district states: The Commercial Core 2 zone district is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unilied development. Commercial Core 2 District in accordance with the Vail Lionshead Urban Design Guide Plan and Design Considerations is intended to insure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities ol the district by establishing appropriate site development standards. Staff believes the proposed improvements to this building, by creating common area and by making the building more accessible to visitors, provides a valuable amenity to the property and the Lionshead area. The proposed addition will improve the overall quality of the building. IV. STAFF RECOMMENDATION The Community Development Department recommends approval of the proposed major exterior alteration subject to the following finding: 1. That the proposal is consistent with purpose of the CC2 zone district, the Vail Land Use Plan, and the development standards in the Town's Zoning Code. FlEVERYONE\PEC\MEMOS\SATREETOPS.O2T geplember 22, Rq1 Lauren Y'tallerl,on ?lanning Liaieon Town of Vail Re: lreelopg I Condominium NeuJ Entru LoL b, Block 1, Lionshead 1"1 Vail, Co ARCHITECTS Lauren, Toda1 | am submiLLing Lo Lhe ?EC an applicaLion for approval regarding a new enLrg on Treelope I buildinq locaLed in Lhe CCll disLrict of Lionshead. The curcenL design is in conlormance wiLh 9ecLion 1b.26.O1O. The original building deoign did nof- include an encloged enLrg area. ln recenL Uearz, and wilh respecl Eo Lne ADA, lhere has been a need lor secured enLrg, ekier elorage, and improved access Lo lhe building, all oF which are permiLled uses. The design lhal I am ?ro?oeinq nol onlg deFines an enLrg elemenl, bul also orovides Lhe uniL owne?s wiLh an area lo waiL For buges or olher rides. The vaulLed roof lorm on lhe new enLrg is consislenl u,rilh lhe exizling vaulled rool forms. Flal rool formg are also consisLenl. The clereslorgwindowe on lhe wesl, and lhe larqe openings loward lhe norLh will provide indirecL sunlighL lo flood Lhe s?ace wiLhouL massive heaL buildup. The heighL oF lhe addiLion is well under Lhe allowed. HLerior Finishes will malch existing Finishes. This neuJ addilion will be conliguous wiLh Lhe exisLing sLrucLure. Ae are also planning on replacinq Lhe existinq drivewag and walKwags wilh heaLed pavers. I Feel lhaL the impact oF Lhis design on Lhe surrounding areas will be minimal. An exieling aepen qrove will shield Lhe proposed locaLion of Lhe addilion From lhe view From Lionshead circle even lhough Lhis was noL our inLenlion. The role of lhie addiLion is lo give Treel,opo a "FronL door" wilh eome relalionship Lo Lhe ElreeL and drivewag. lL u,rill also provide TreeLope Lhe ameniLies lhaL oLher condominiume enjog. I looK forward lo presenLing lhis desiqn Lo gou and lhe ?lanning and Environmenf al Commission. AlLached Lo this leLler are elevalion renderinge, phoLoe, and a epreadgheeL compiling mg calculalions For allowable square Feel and landgcaping requiremenLs. Please call me if there is addiLional inFormaLion lhat gou require. Kt\q1 1 q T r e eLo pe Con a o\P e6nar r aLi v e .w p a PlanningoArchitecturealnteriors '16.50 East Vail Valley Drivc Fallridge C-1 r Vail, CO u1657 r fpb@coloradc.r. net . fax (9701 476-4901 . (97O', 476-6342 t 5'/ EY;o =P 8t sE 7ci /a,' ,) (o^ 2ll (N s0 orl >N -o =:q F z o cl trJ F d z f a rrl t€ eB dr l.t i/i I C) d o F I J @ (9 -l nB ::rl (t z, =tr o z.o c)IJ U) o o l.J I 2 I J \. *E IE o F t l-F o E F to NF =[ rl U i8 t6JE \ t!r: -l. *,*oyrrdrrw lroqrtror ll fr;Z \ | ; i{ O ll Honroov nnmmooruoc saoErur ! , ll E:E \ | I iil n rilin '4',t ffi i/ Ci llllll[[lli oo,rldEo -nA ltl tr ovttFn tw 1xt(fi I tcl NOTI|OOV nn|NI,IOONOC SdOI3SHr riil I I o a o (tl n (l m (tl { n t-nl >{ 9 I I o a o ffi q eiii ! $iti : t I fil Iii TREETOPS CONDOMINIUM ADDITION I r.ot l loct lv r, ucrrD rrrrro I vrr- ooroeoo I I I ! o c F !z o s o { o z I x o a o ul nl \t z o ,!I n r rn { 6 z I m x (rl { =o I gll I Iti I rt ll TREETOPS CONDOMINIUM ADDITION tot a rooi Iv t, tlttcaD fltE l I I tllii N aq.o,-.--e t2'1a,l i ---_E - t73.5l \ti E @ lll z 4 r m nl t- 1l r o o n I ril a t->z rllc siii ! s iti : t i![tll rREErops coNDoMrNruM ADDrnoN al: F rrr I r-oq t Yrr / LpnG|D rrY Fxl 1li; I vacour^Do - ilt ll z a ? ru J lu I F u o z \\ z o tr { uJ J lu F o H t. ?z .Y^ z z F J F a r r'l irr F z I r'l [.r Agcnda last rcviscd I 0'2-3 I0 anr PLANNING AND ENVIRONMENTAL COMMISSION Monday, October 27, 1997 AGENDA Project Orientation /LUNCH - Community Development Department J. 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits : 1. Treetops - 452 E. Lionshead Circle 2. Pennington - 1150 Westhaven Lane 3. Miller - 1477 Aspen Grove 4. Golden Bear - 953 S. Frontage Road 1:00 pm Drive r:George NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:OO - 6:30 o.m. Public Hearing - Town Council Chambers 2:00 p.m. *{. A request for approval of a major exterior alteration, to allow for the construction of a new entry and common area in the Treetops I building, located at 452 E. Lionshead Circle/Lot 6, Block 1, Vail Lionshead 1st Fiting. Applicant: Treetops Condo Association, represented by Larry Barnes Planner: DominicMauriello z.A request for approval of a minor exterior alteration in CC1 and a site coverage variance, to allow for the renovation of the exterior and improvements to The Golden Bear, located at 935 s Frontage Road, #302/ Lots A&B, Block 5A, Vail Viltage First Filing. Applicant: C. Lee Kirsch, represented by Frederick W. Dietrich Planner: George Ruther A request for a conditional use permit, to allow for a bed and breakfast operation, located al 1477 Aspen Grove/Lot 3, Block 2, Lionsridge 4th Filing. Applicant: William H. Miller Planner: Lauren Waterton A request for a major amendment to SDD #4 (Cascade Village), to allow modifications to allowable GRFA and building height limitations, located at 1 '150 Westhaven Lane/Lots 39- 1& 39-2, Glen Lyon Subdivision. Applicant: Timothy Pennington, represented by Diane Larsen Planner: Dominic Mauriello 4.' r.tF Agcnda lasl revised l0/23 10 am 5. A request for an amendment to Section 18.54.050 J (Design Guidelines - outdoor lighting), to allow for the exemption of low wattage lighting from the outdoor lighting regulations. Applicant: Roy & Paula May, represented by Dale Smith/ Fritzlen,Pierce, Briner Planner: Lauren Waterton 6. A request to review a draft of the proposed Vail Strategic Housing Plan, which is intended to set the direction of the Town in its effort to address locals housing Applicant: Town of Vail, represented by Andy Knudtsen 7. A request for a major amendmenl to SDD #4 (Cascade Village), to allow for a revision to the development plan forthe Glen Lyon Office Building site, located at 1000 S. Frontage Rd. West/Lot 54, Block K, Glen Lyon Subdivision. Applicant: Glen Lyon Office Building Partnership, represented by Gordon Pierce, AIA Planner: Dominic Mauriello TABLED UNTIL NOVEMBER 10, 1997 8. A request for a final review of 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 TABLED UNTIL NOVEMBER 10, 1997 9. To approve, deny, or modify an Environmental lmpact Report for the proposed Booth Falls Townhomes rockfall mitigation wall, located at 3094 Booth Falls Court/Lot 'l , Block 2, Vail Village 12th. Applicant: Booth Falls Condo Association Planner: Russ Forrest TABLED UNTIL NOVEMBER 10, 1997 '10. A request for a major exterior alteration and a variance from Section 18.26.070 (Setbacks), to allow for construction of a parking garage at The Lionshead Inn, located at 705 S. Frontage Rd./ Lot 1, Block 2, Vail Lionshead 4th Filing. Applicant: Lionshead Inn LLC, represented by William Pierce Planner: Dominic Mauriello TABLED UNTIL NOVEMBER 10, 1997 *q, Agcnda last revised l0/23 l0 am 11. Information Update 12. Approval of September 22, 1997 and October 13, 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 notiflcation. Please call 479-2114 voice or 479-2356 TDD for information. Community Development Department Published October 24, 1997 in the Vail Trail- Ouesff Call the Planning Staff at 479-2l 38 APPLICATION FOR PLANNING AND ENVIRONMENTAL COMMISSION APPROVAL GENERAL INFORMATION This application is for any project requiring approval by thc Planning and Environmental Commission. For spocific information. see the submittal requirements for thc particular app,roval that is requested. The application can not bc accepted until all required information is submitted- The project may also necd to be reviewcd by the Town Council and/or thc Design Rwicw Board- A. TYPE OFAPPLICATION: tr Additional GRFA (250) tr Bed and Brealdast tr Conditional Use Permit tr Major or E Minor Subdivision tr Rezoning tr Sign Variance tr Variance tr Zoning CodeAmendment tr Major or tr Minor DESCRIPTION OF TIIE REQUEST: AJ gtlgaAee 6 vl- QaaQAr4E tr Amendmcntto an Approved DevelopmentPlan tr Employee Housing Unit (Iype: -) tr Major or tr Minor CCI Exterior Alteration --r:-(Vail Village) f,fl tr,ta;o]rts Minor CCII Extcrior Alteration ---(Lionshead)tr Special Development District to an SDD B. MWN OF VAIL C.LOCATION OF PROPOSAL : LOT -(O-.BI-OCK_I- FILING roopsssfu BUILDINGNAME: t L D.ZoNING: Qef, NAMEOFOWNER(S)J 9a, kSoo., MAILINGAD F. G. OWNER(S) STGNATIJRE(S): @ee-*lzs NAME OF REPRESENTATTVE: MAILINGADDRESS:gfiL2 Varu, cn . %t&-"- FEE - SEE THE SI.JBMITTAL REQUIREMENTS FOR TI{E APPROPRI-ATE FEE. STJBMIT THIS APPLICATION, ALL SIJBIVTITTAL REQIITREMENTS AND THE FEE TO TIIE DEPARTMENT OF COMMIJNITY DEVELOPMENT. T5 SOUTH FRONTAGE ROAD. coLoRADO 81657. ? H. Feepai&ft 1), ctdt"{ g.; I syr 1r rlzlp;('llrvri ytl.,(\c, Application our"' i7 ': l-' '('l'/ pEC Meeting Datc, / o ' : 't 'i -l- Rcvir.d 6/96 Treetops Condominium Arroriarion C/O Vail Home Rentals 143 East Meadow Drive - suite 397 0 Vail, CO 8t657 (970) 476-222t Office . (97O) 476-268+ Fax o t-8OO-525-9803 Toll Free e-mail: vaif -home-rentals@toski.com . http:/ / www.toski.com/vhr September 16, 1997 Communiry Development Town of Vail 75 S. l'rontage Road W. Vail. CO 81657 Rl: Rernodel of l'reetops Condominiums. Ladies & Gentlemen, The Board of Directors has unzmimously approved the submittal ofthe attached proposal fbr remodel. Our intention is to improve the appearance ofthe buildings and provide bene. u"ce.riblity. Should you have any questions, please do not hesitate to call. /)/yaa. Larry G. Bames Managing Agent Fritzlen Pierce Briner Architects TREETOPS ZONING CALCULATIONS SITE AREA Treetops Condominium Addition 23640.01 ALLOWABLE GRFA ALLOWABLE COMMON AREA EXISTING COMMON AREA TOTAL COMMON AREA AVAILABLE PROPOSED ADDITION AREA REMAINING COMMON AREA AVAIL. 18912.0'1 80% of Site Area / 6619.20 35% of Allowable GRFA t/ 6a3q. I?BO,L f,ffi?a -13l1$.20€xisIr n$ - P ropo sed lwnr 1!!l*2o 476.00 REQUIRED LANDSCAPE COVERAGE ALLOWABLE HARDSCAPE EXISTING LANDSCAPE COVEMGE PROPOSED NET I.ANDSCAPING REDUCTION LANDSCAPING REMAINING 4728.00 20% of Site Area v 945.60 20% ofRequired Landscape 8896.00 10s.e0 8486.10 Existing - Proposed ALLOWED PROPOSED 48'-0" 24',4" K:\971 I Treetops Condo\AREA.wb3 o TreeLops Condominium Neu.r Enlrg Ligt of Adjacenl Properlies: 2. 3. 1. Kr\97I9 l rectops Condo\propcrtvo\ncrs rr'prl l'l.tttttrrrq a ,\t( iriLr:tturc a lr)l(' (rt\ l650 [art Vril Vallcy Drilc l.rllridgo (.-I r \hil, CO 3l(r57 . rpb(:])(:()l{)rado ncl o i.rr. i(l:i)} -l:{,-1,)Ol . lrTO) 476-6312 LodqeaLLionghead A R (- rr rr E c r s 3bO E. Lionshead Cir. Yail, CO b1651 Lionshead CenLer 52O E. Lionshead Cir. Yail, CO 01651 Lionshead Arcade 5?1E. Lionehead Cir. Yail, CO Arc51 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission ot the Town of Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code ol the Town of Vail on October 27,1997, at 2:00 P.M. in tlre Town of Vail Municipal Building. In consideration ol: yA request for approval of a major exterior alteration, to allow for lhe construction of a new entry - a,nd common area in lhe Treetops I building, located al 452 E. Lionshead CircleiLot 6, Block 1, Til Lionshead 1st Filing. I Applicant: Treetops Condo Association, represented by Larry Barnes Planner : Dominic Mauriello To approve, deny, or modify an environmental impact report for the proposed Booth Falls Townhomes rock fall mitigation wall, located at 3094 Booth Falls Court/Lot |, Block 2, Vail Village 12th. This wall, as proposed, will be 12 feet high and 320 feet long. Another wall to the west will be approximately 70 feet long. For more inlormation contact Russell Forrest at 479- 2146. Applicant: Planrrer: Booth Falls Condo Association Russ Forrest A request for approval of a minor exterior alteration and a sitc coverage variance, to allow for lhc rerrovation of the exterior and irnprovernet"lts to the property known as The Golden Bear, located at 935 S. Frontage Road, #302/ Lots A&8, Block 5A, Vail Village First Filing. Applicant: C. Lee Kirsch, represented by Frederick W. Dietrich Planner: George Ruther A request for a rnajor exterior alteration and a variance from Section 18.26.070 (Setbacks), to allow for construction of a parking garage at The Lionshcad Inn, located at 705 S. Fror.llage Rd./ Lot 1, Blocl( 2, Vail Lionshead 4th Filing. Applicant: Lionshcad lnn LLC, represented by William Pierce Planner: Lauren Waterton A request for a major amendment to SDD #4 (Cascade Village), to allow modifications to allowable GRFA and building height limitations, located at 1150 Westhaven Lane/Lots 39 1& 39- 2, Glen Lyon Subdivision. Applicant: Timothy Pennington, represented by Diane Larson Planner: Dominic Mauriello A request lor an amendment to Section 18.54.050 J (Design Guidelines - outdoor lighting), to allow for the exemption of low wattage lighting from the outdoor lighting regulations. Applicant: Roy & Paula May, represented by Dale Smith/ Fritzlen,Pierce, Briner Planner: Lauren Waterton A request for a conditional use permit, to allow for a bed and breakfast operation, located at .1477 Aspen Grove/Lot 3, Block 2, Lionsridge 4th Filing. Applicant: William H. Miller Planner: Lauren Waterlon A request for a major amendmenl to SDD #4 (Cascade Village), to allow for a revision to the development plan for the Glen Lyon Oflice Building site, located at 1000 S. Frontage Rd. WesVLot 54, Block K, Glen Lyon Subdivision. Applicant: Glen l-yon Olfice Building Partnership, represented by Gordon Pierce, AIA Planner: Dominic Mauriello The applications and infonnation aboul 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 Depa(ment, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notitication. Please call 479- 2'1 14 voice or 479-2356 TDD for information. Comrnunily Developrnent Departtnent Published October 10, 1997 in the VailTrail. gepLember 22, Fq1 Lauren llaLlerlon Planninq Liaison Town of vail Re: Treelopo I Condominium Neu Entru Lol 6,9lock 1, Lionehead 1" vail, co ARCHITECTS lnuren. Todag I am submiLling to the ?EC an applicaLion lor approval regarding a new entrg on Treel.o?e I building localed in lhe CCll disLricL of Lionshead. Tne curcenL deeign ie in conlormanoe wilh Seclion 1b.26.O1O. The original building deziqn did not include an enclosed enLrg area. ln recenl Ueare, and wilh reepecl Lo Lhe ADA, lhere has been a neea lor secu?ed enlrl, sKier sLorage, and improved access Lo lhe \uilding, all oF which are ?ermiLled uses. The design LhaL l am propooing noL onlg delines an enlrg elemenL, buL also provideo fhe unit ownere wiLh an area Lo wail For bugeg or oLhe? ?idee. The vaulled rool lorm on lhe new enLrg is congislent wilh Lhe exisling vaulLed roof formg. FlaL rool formg are algo consigLenL. The clereglorgwindowe on Lhe wegL, and lhe large openinge loward lhe norLh will provide indirecl sunlighl Lo llood Lhe b?ace wilhoul maggive heaL buildup. The heighL oF lhe addilion is well unde? lne allowed. *Lerior finiehee will malch exisLinq tiniehes. Thie new addiLion will be conliguous uifh lhe exisling sLruclure. ne are aloo planning on replacing Lhe exioling drivewag and walKwavs wiLh heaLed pavers. I leel LhaL lhe impacl of fhig deeign on Lhe eurcounding areas will be minimal. An exieling ae?en grove will shield lhe proposed locaLion oF Lhe addiLion From Lhe view lrom Lionshead circle even though lhig was nol our inLenLion. The role ol lhie addition is lo give Treelops a "fronl door" wiLh some relaLionship Lo lhe streeL and drivewag. lt uJill also provide Treelops Lhe ameniLieg LhaL oLher condominiume enjog. I look lorward Lo preeenLing thie deeign lo gou and Lhe ?lanning and Environmenfal Commiegion. ALLached to lhis lelEer are elevaLion renderings, phoLoz, and a spreadsheeL compiling mg calculaLions lor allowable square feeL and landeca?ing requiremenls. Please call me if lhere is addiLional inlormalion lhaL gou require. Kt\q1 1q T r e elo?5 Cona o\,PECna?r aLiv e.wp A PlanningoArchitectureolnteriors 16.50 East VailValley Drive Fallridge C-1 . Vail,CO81657 . fpb@colorado.net . fax (970) 476-4901 . (970) 476-6342 7w Tom Aeber Treetops Condominium Arsociation C/O Vail Home Rentals 143 East Meadow Drive - Suite 397 r Vail, CO 8t657 (970) 476-2221 Offlce o (970) 476-2684 Fax o t-800-525-9803 Toll Free e-maif : va if -homc-rentals@toski.com . http:/ /www.toski.com/vhr September 16, 199'7 Commr.urity Development Town of Vail 75 S. Frontage Road W. Vail, CO 81657 RE: Remodel of 'I'reetops Condominiums. Ladics & Gentlemen, The Board of Directors has unanimously approved the subminal ofthe anached proposal for remodel. Ou. intention is to improve the appearance ofthe buildings and provide bener accessiblity. Should you have any questions, plea-se do not hesitate to call. /) ,{ot-t.,a. B*q )- u-- Lany G. tsamcs Managing Agent FriElen Pierce Briner Architects Treetops Condominium Addition TREETOPS ZONING CALCULATIONS SITE AREA 23640.01 ALLOWABLE GRFA ALLOWABLE COMMON AREA EXISTING COMMON AREA TOTAL COMMON AREA AVAILABLE PROPOSED ADDITION AREA REMAINING COMMON AREA AVAIL. 18912.01 6619.20 4804,00 1815.20 476.00 1339.20 80% of Site Area 35% of Allowable GRFA Existing - Proposed REQUIRED LANDSCAPE COVERAGE ALLOWABLE HARDSCAPE EXISTING LANDSCAPE COVERAGE PROPOSED NET LANDSCAPING REDUCTION LANDSCAPING REMAINING 20% of Site Area 20% of Required Landscape Existing - Proposed 4728.00 945.60 8896.00 409.90 8486.t0 ALLOWED PROPOSED 48'-0' 24',-0 K1971 9 Treetops Condo\AREA.wb3 o -{ P ts udE aD '1;z Eqg a (t) rn c)o z. c7 -rl r z,6) c 7 t- D -l m I R 6 00 i\ >' $ $ R\ h E r 1'o 4 o 5 I d € G z, F n -l m I =o c z n E= @ FI f-r- ile l/D1 |./E YO tm IF n/9T a z o tr { lu J lu I F u o z , ::j z a F { a J ul F 6) H : z F rrl J F a t! rr'l Q z 14 rr'l I r'l ?z ii^ r-Y <= rr)z z F U J F a r r'l F z lrl lr--t Commuhity Development Plan Rou Approved Denied (cite detailed reasons) X npptoved with conditions t ung Form Routed To:Greg Hall, Public Works Todd Oppenheimer, Public Mike McGee. Fire Works Retum To:Dominic Mauriello. Community Development Date Routed:9t23t91 Return By:9t30/97 Project Name:Trectops - add entrance and ski-storage Project Address:452 E. Lionshcad Circlc Project Legal:Lot 6. Blk. l, Lionshead lst Project Description:Adding an entrance and ski storage to building. adu Date reviewed: l:\evelyobe\dom \ro{ tfbrm r- a o --u?ry Deve lop ment PIan noutirrlro r. Routed To:Greg Hall, Public Works Todd Oppenheimer, Public Mike McGee, Fire Works Retum To:Dominic Mauricllo. Community DcveloDment Date Routcd:9t23t97 Retum By:9t30t97 Projcct Name:Treetops - add cntrancc and ski-storagc Projcct Address:452 E. Lionshead Circle Projcct Lcgal:Lot 6. Blk. l. Lionshcad lst Project Dcscription:Adding an cntrancc and ski storagc to building. Approved Denied (cite detailed reasons) Approved with conditrons :r::i:l:: :::::::::::::::::::: i:: .r :: ,l::ii:ii..i:,rllii:!:il:.i:iii . ?/n^/ 4/z>84 7lone &-zrgZrt/ - /,/>>.<J 8z=4 Ve4/ ;-.,,c<,2' 2,. 7 Zn/r.'r-P-' -L*-,2 ,/ Zo--a,ZZ< ,Vyaezzz.4- 4'*@ { ,/ ,./ '/<tz,/?>/Q .' <^--'4i,)4. /':4,,,"",/? a C E Z-z-. j5sa]ror*/ ;/,n /'"2--- L/,4 r:. <--s--z.z Z-t:;zz- -f P. .y')', , /V:E r->,-s;-pa!7e1 "441 4:tac"<r2 2../. Z';r/"-F 2L.- .t-t,'--a-..-72 r*QEz :', .-ZZ //-,-J;42. -72.<Vf .,-/,t; Z2-Zo 7 -arrey''Zh:z'x /.'-,:>.-az .4?;su 4:L 7 Z'," 27 Date rcceived: Rcviewed by:Date revicwed: i,everyode[omrrourlorm .TO\VN OI; \'AII,llt:(-t lf I tio r...,rr:-l1J- t),:rAtrr,\ .:l-t (,l. (.01|rn'\it t-t. l)t: \.t: t.o ttt|.,\r , --;__\i V tl. t if v lr f--r rrrv v ,\ l)l)ll I:Ss A C(l() Ui- t i\ O.c||l:cN-s i!AI)t: ] ^ \' Il_]:.t.o 1 o\\' N (rt. \. IL -0TaiR0o-2T5.,i ()NtN(i n Nl) n )l ()000.12.t -**rl,'i_^?Fij#j jir^iiffi ggs_____ +-UF't t. firTi4 -Il_ U,\4 lIN (-iTOIt f o iltolitr ala r i ili --6 4?4t:fF(taNtlTi(ii 7, tlxr0fa:llf-Tn-r' tclN nl -Tti'; ar'fl-a m-lnr0diaii: ,| + -(ii-([jiio.1 isrrfr rti (l | (rl -.sl1-llliiS 0l -r'l (t{m0 4Ti7f- rrT-ixrl'dTi.r-::'-0ilrittjrr l.r-ij.t -li i-('rioir ,i i.ir i. ' iii (roo(i 4i'.i I.r - tl iii(iirli ;i-i.r'i .t (ll (J(xr0 4:l.t..t() iti'Iiiiiiri r, il:l-(rl ()(,(i0 4217t .i t iiiliiii,i:ai rrr- rrt lioo(i2;t0:l'i rii-hliiiii 7 i ii z ;' ii i o rro ir ,ii'iii ri iii '0itax) 4 2lrl- *_ - --rli cIT'.ILIC^TrONli0lts ()t (-oit 4l-j- )i n t)l)t iloNn t- c €('TLF - 4/t c'r.ruY- .-. \kr.,t hr., -(Desigin Review Action Form TOWN OF VAIL Category Number ii Date Project Name: - Building Name: Proiect Description: Owner, Address and Phone: ArchitecVOontact. Address and Phone: Leoal Descriotion: Lot Block , Subdivision Zone District Project Street Address: Comments: Motion by: M{lstaff Action Vote: Seconded by: D Approval D Disapproval EI Staff Approval Conditions: Town Planner Date:DRB Fee Pre-paid a t.rl..A 7 ft4/9a I !' DBSIGN REVTEW BOARD APPIJICATION - TOWN OF' DATE RECETVED: DATE OF DRB MEETTNG: **!t******* EIu} $EP] }iFgEIIV f,rCorcnaoo ;B.- AU6 I 1ss5 iv;fnr\/[t-IH MA *****f***!r I. A.DESCRIPTION: B. TYPE OF REVIEW: c. D. F a meets and bounds on a separaEe sheet legal and at.tach ZONTNG: NAME OF Mai l inq c.NAME OF MaiJ-ing APPLTCANT: APPLICANT' S REPRESENTATIVE: Address:d,'-^ NAME qF OWNER(S) : OWNER(S) SIGNATURE: *tln Address: APPrJrcATroNs wrIJIr Nor BE pRocE'ssED wrr&our or{MER,s srcrvA?uRE I. Condominium Approval if applicable .I .DRB FEE: DRB fees, as shown above,\ are to be paid at the DRB FEE: DRB fees, as shown above,l are tc time of submiLLal of Lhe DRB applilation.Lrrt's \Jr Duurt|J. LLctL. uf Lne lJf(E appl]pat].on. Latgr, when apprving for a building permic,-prbase identify it. u""dpprvrng ror a Du]Lclr.ng permit, please idencify t.he accurat,e valuation of the proposar. The iown of vair wiri adiusr Fhc will adjust the fee according co the table below, Lo ensure the correct fee is paid. "2 DATE: V'l/q{, .4--*r'-,/ - FEE SCHEDULE: VAIJUATTON ,lr n .r a n .|n ^y v + rv,lJ\J\J $ 10, 001 - $ 50, 000 $ 50,001 - $ 150,000 $1s0,001 - $ s00,000 $s00, 001 - $1, 000, 000 $ Over gL,000,000 DESIGN REVIEW BOARD APPROVAI., EXPIRES APPROVAL I]NI.,ESS A BUTIJDING PERMIT IS IS STARTED. FEE - iD ZU.UU $ s0.00 $100.00 $200.00 $400.00 $500.00 ONE YELR AFTER FINAIJ ISSUED AI{D CONSTRUCTION New const'rucLion (9200 .ool -{uinor Arreration ($20.00)Addition (950.00) Conceptual Review (gO) ADDRESS , /5v E*f L.,,",/.,./ Crr., L LEGAL DESCRIPTION: Subdivision If property is described bv descripti.on, pldase providi Lo this applica t.ion. IJIST OT' MATERIAIJS NAME OF PROTTECT: LEGAL DESCRIPTION: LOT_ BLOCK _ SUBDTVTSTON STREET ADDRESS: The followinq information is reguired for submitcal to t,he Design Review Board before a final approval can be given: A. BUff,DING MATERIAIJS: TypE OF MATERIAI Roof Sidinq OLher Wall MaberiaLs Fascia Soffi ts Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashings Chimneys Trash Enclosures Greenhouses Retaining Wa1ls Exterior Liqhting Other B. LANDSCAPfNG: Name of Designer:phone: PLANT MATERfALS: Bot.anical Name Corunon Nqme Ouant.ity. Si**-._'f- PROPOSED TREES AND SHRUBS *Indicate caliper for deciduous trees.deciduous trees is 2 inches. Indicat,e Lrees.**Indicate size of proposed shrubs.5 qallon. Tlrpe GROUND COVERS soD SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL Minimum caliper for height for coniferous 'is 6'f Scruare Footaoe c. LANDSCAPE LrcI{TrNG: rf exterior light,ing is proposed, prease show t.he number of fixLures and l_ocat.ions on a separaEe lightinq' p1an. rdentify each fixture from t.he righEing plan in the space berow and provide the height. above giade, -uype of liqhl proposed, lumen ouLpuL, luminous area and a cut sneee of the 1ight. fixt.ure. (Section j_8.54.050 ,I) OTHER LANDSCAPE FEATURES (retaining wa1ls, fences, swimrning pools, etc.) please specify. rndicaLe heights of recainint walrs. Maximum heiqht of walls within the front setback ii 3'. Maximum height of walls elsewhere on the propert.y is 6, D. TREETOPS CONDOMINIUM ASSOCIATION 143 EAST ilEAm9 0RIVE - 5UIIE 397 vAlL, @10M00 81657 August 4, L995 To: Town of Vail design and review board FROM: Treetops Condominiurns Board of Directors SUBJECT: Entry door rePlacement The board of directors of Treetops Condominiurn Association gi""" approval to Meister Builde-rs to replace-29 -entry dgoT? ;a'i;r;i;ps Condos, to".t"d at 450 nast Lionshead Cir., Vail Co. 81657. RespectfullY,2?-* g*^--. Marve] Barnes Managj-ng Agent rreetopi Condoniniums Association t: =t TOWN OF VAIL ,"."*r"". (fi 3' g DATE / CHECKS MADE PAYABLE TO TOWN OF VAIL tlEM NO. TAX (j(E I E/L rvj!!-.'- 01 0000 41540 ffi li 5. tJo 0l 0000 42415 ffi s 54.O0 0l 0000 4241 5 ffi s39.00 0l 0000 42415 ffi $37.00 0l 0000 42415 $36.00 0l 0000 42415 ffi $37.00 0l 0000 42415 -oTmR-eoTE Boo-Ks- 0l 0000 41548 s7.00 0 I 0000 42412 -XE-Ro-XTO-FIE-]i0.25 ot oooo 424t2 STUDIES 0l 0000 424 t 2 ffi s5.00 0l 0000 42371 PENATTYTEES / RE.INSPECTIONS 01 0000 41332 0l 0000 42332 ffi 0l 0000 41412 ffi 0t 0000 4l4ll ffi s20.00 0l 0000 4 14l l TDDIT-ONAL SIGNACE FEE [SI.OO PER SQ.I'T.I 0l 00 TTETRTTRFJF-CTDONATION 0100Q04r331_7 LA'(/) 0l 0000-4znl tI000045 0 ffi 0t 0000 22027 ffi * 01 0000 21t12 * 0l 0000 41010 TA]{AEfE@4o/o (TOWN) 0l 0000 42171 B LJ I -D I NG I N\T S T I G A T I O N OTIIE- 0l 0000 41330 mDrrmitrtcR-A "2s0"xiz00.uu 0l 0000 41130 ffi $200.00 0t 0000 41330 EXTERIOR ALTERATION ILESS THAN IOO SQ,FI'.I s200.00 0l 0000 41330 EXTE_R]OR ALTERATION IMORE TIIAN IOO SQ.}'T.]s500.00 0l 0000 41330 $1,500.00 0l 0000 41330 $1.000.00 01 0000 41330 $200.00 0l 0000 41330 SI]EDIVISO- 0l 0000 4t330 vItr Ne- .$250.00 0l 0000 41330 ffi $250.00 01 000041330 RE - ZONING $200.00 OTHER OTHER ITOTAL: C0MMENTS: J. ffirn.oLr rsc.sv, {P/ l I \ \ IDU E -E= trtrr -.1 m l*rm:;l-oi l'a ^ .l lTYl lm: 6 l^;5 lY x .'l lr; ; g ls* I l=; ?r-l =It !7 o.< dE -(D i;o -rt tt z6 m.a 'n l, m = =PP t2=oY"'>r-r o o z a -{n c o =o z T m F =-{ 'n -o 9=z= z2 oo z. 9(,z {-i m lzt l< o t' o lu r l-o l. 'Tl \0m -{ -1 o (! m x m -1 o z (- ll1 @ -{m !m 1 =-{ z o -..t C^)+- l-m t-z =ln c: l. P F ? 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( .i:=- :ll orj :'s i ty_ r!a )l {* a^ )-o ,= l< ;'=.-= )-- _--.,|.:o +{:r ,^ Xo o-'(,o) 'f =q (r'o -i v: = -; 6',= aA oi c: r!! ^. 1 ol )o: .: (ol (D l ,-{ :{ ) N'to.'t:t=' For )f -{ o-)o itr r=.Jat to =^_o r!9 D.-, (a oi (Dl t- l- \o m .a ? 6 LJ /z \f Jor 9 6' d =o z -t .n I a rn r I |.J VALUAIION m F 3 o =z F . z z m g) \J I C.'z-E zt oP v, I ZP 6r 3t"<l Yci =' iiE @l oH ;' FF'lt I 6l I !r I t, ,l I' I lz, to lo rFfi ;'ir #-l '1 I rr lqo l\o F Ir o { r m --{.Tl rn m a { H F P (t m r- lm fi l(,> t=4tz 5la w tm o l< d l€@ to t> to m trl -{ z rn m m c) z t- = 2 tTt l-m { C) t- r z o -lT! x c z '\t m = T m = ='n m m U' =m z t- t-c z m r m =t- z 5 1..)s. Lr) -l rl :l 5l )/W o o z (n -{fr c C) =o z ! rn n ={ 9Z 1Y mt tzl l< o tv li; < l"- o lr- a \cm 5lt =--,t m x m -t z o @ I -1 m -l z!ei lr -l C-r) F- - b C7Y*"-rf_ 1 aal) TT , Appl,f cArroN MUsr BE FTLtED our CoMPLETELY oR l0vTuffifi$, DtfDffir"" |f*******************!r********* pEll!{rr TNFoRMATToN **********'l*****r**'********** A. tur-1 -Building t l-Plunbing [ ]-Electrical [ ]-Mechanical [ ]-other 7 - r t ,, t | ^ l- ,r.lu N"'", (ole L+ o-'4 A-tle-^ nP:rlii'W.,*W "Uh"{C SUBDIVIgTSNi "1 rc-l r,J (,rI., !. drur= . Legal Descriptionl Lot- Blocld---" t riting owners Name: \\ot^^ 2.L,.".^^--*.-*.^ Address: Architect:tAAr.6cq: Ph. General DescriPtion: work class: [ ]-New H]-Alteration ty].Additional [ ]-Repair [ ]-other Nurnber of Dwelling Units:Number of Acconraodation Units: N.umber and TyPe of Fireplacess Gas Appliances- Gas Logs- Wood/Pellet- .&********************************* VALUATIONS ********************************* d rl Eurr,orpc, + q(bo, oo ELEcTRICAL: l- oTHER: $ p^LrrMBrNG: s MEcHAiiia;ii +- roinr" r:- I'*******************t*****,r* coNTRAcroR rNFoRuATroN *************************** ll"i"r"f Co4tr-acto3'; Z€Li Cc,r^Jte o..-af fiq,t*,Dr',t. Town of Vail Reg' NO'-- il;I!I;,-Z-? Phone Number: Y?'r-7Pl- Electrical contractor: Town of Vail Reg' No'- Phone Number:rllvlls ll ll$lr/E!Address: Plurnbing Address: DlF"E:?SP rowN oF vArL coNsrRucrl4ftl Liji PERMTT APPLTCATTON roRullf'.-----ittir ,rl.<h,/ tr^ri' xoy I flggl pn.40s'//{2- Contractor:Town of Vail Phone Number: Town of Vail Ptrone Number: Reg. NO. Mechanical Contractor: Address: ** * **************** * * *********** FOR BUILDING PERMIT FEE: PLWBING PERMIT FEE: MECHANICAL PERMIT FEE: ELECTRICAL FEE: oFFICE USE ******************************* BUILDING PIAN CHECK FEE: 55'Ao- PII]MBING PIAN CIIECK FEE: Reg. NO. I'IECHANICAL PIAN CHECK FEEs RECREATION FEE3 OTHER TYPE OF FEEra,,utAt),-3--&-CLEAN-UP DEPOSTT: DRB FEE: BUTLDTNG: STGNATURE: ZONING: SIGNATT]RE: /Od t Oa ?4a. ao CI.EAN I'P I}EPOSIT REFT'ND TO: VALUATION Conments: TO: FROM: DATE: RE: MEMORANDUM ALL CONTRACTORS TOWN OF VAIL PUBLIC WORKS MAY 9, 1994 WHEN A'PUBLIC WAY PERMIT' DEPARTMENT IS REQUIRED /",-'c6 Dale: tl^*-7U . ,Ffeas regarding the need for a'Public Way Permit": NO )r Y 1) 2) 3) 4) s) YES ls this a new residence? ls demolition work being performed that requires the use of the right of way, easements or public property? ls any utilitY work needed? ls the driveway being rePaved? ls different access needed to site other than existing drivewaY? ls any drainage work being done affecting the right of way, easements' or public proPerty? 7\ ls a "Revocable Right CI Way Permit' required? 8) A. ls the right of way, easements or public property to be used lor staging' 6) x parking or lencing? B. It no to 8A, is a Parking, staging or fencing plan required by Community Y DeveloPment? tf you answered yes to any of these questions, a "Public Way Permit' must be obtained. "iublic Way permit" appiications may be obtained at the Public Work's ofiice or at Community'Developmeni. tt you have any questions please call Charlie Davis, the Town of Vail Construction Inspector, at 479-2158- I have read and answered allthe above questions. Gk [,f e-4 A'J\", b'| ( ->s -2v Date o Job Name Co b Signature 1) . PUBUC WAY PEFMIT PROCESS How it relates to Building Permil: Fill out the our check list provided with a buildino oermit aoolicalion. lf yes was answered to any of the above questions then a "Public Way Permit' is required. You can pick up an application at either Community Development, located at 75 S. Frontage Road or Public Works, located at 1309 VailValley Drive. Notice sign otfs lor utility companies. All utilities must field verify (locate) respective utilities prior to signing application. Some utility companies require up to a 48 hour notice to schedule a locate). A construction tratfic control plan must be prepared on a separate sheet of paper. This plan will show loc€fiions ol alltratfic control devices (signs, cones, etc.) and lhe work zone, (area of construstion, staging, etc.) Sketch of work being performed must be submitted indicating dimensions (length, width & depth of work). This may be drawn on the tratfic control plan or a site plan for the job. Submil compleled application lo the Public Work's office for review. lf reguired, locates will be scheduled lorthe Town ol Vail Electricians and lrrigation crew. The locates are take place in the morning, but may require up to 48 hours to perform. The Public Work's Construction Inspector will review the application and approve or disapprove the permit. You will be contacted as to the status and any changes that may be needed. Most permits are released within 48 hours of being received, but please allow up lo one week to process. As soon as permit is processed, a copy will be faxed to Community Development allowing the "Building Permit'to be released. Please do not confuse the "Public Way Permit'wilh a "Building Permit'to do work on a project site itself. Note: 'The above process is for work in a right-of-way only. 'Public Way Permlt's are valid onlv until November 15th. 'A new Public Way Permit is required each year. 2) 3) 4) 5) 6) 7) 75 .oulh |rontegc load vtil. colot tlo 81657 (303) 479-2L38 or 479'2L39 otflco of communlty dcYclopmQrt BUILDiNG PERI'iIT ISSUANCE TIME FRAME If this permi.t requires a Town of Vail Fire Departnent Approval , Engineer''s (Pub1 ic Works) review and approval , a Planning Departnent review or Health Department review, and a review by the Bui'lding Department, the estimated time for a total review may take as long as three weeks. Al'l cormercial ('large or smal'l) and all mu1ti-family permits wi1l have to follow the above mentioned maximum reouirenents. Residentia'l and small projects should take a'l esser arTpunt of time. However, if residential or smaller projects impact the various above mentioned departments with regard to necessary review, these projects nny also take the three week period. Every attempt will be made by this departnent to expedite this perm'i t as. soon as possi bl e. I, the undersigned, understand the p1 an check procedure and time frame. . ntl. n f Date Hork Sheet was turned lnrc tne Cormuni ty Development Department. ('lo Project Name lili 75 3oulh l?onlage toad Yail. colorado 81657 (303) 479-2t38 ot 479-2L39 TO: FROM: DATE: SUBJECT: olllce of communlty dev.lopmcnl ATL CONTRACTORS CT'RRENTLYI-, REGISTERED WITTI TIIE TOWN OF VAIL TOWN OF VAIL PUBTIC WORKS/COMMI'NITY DEVEIOPIIENT lflARCH 16, 1988 CONSTRUCTION PARKING & I4ATERTAL STORAGE In sumnary, Ordinance No. G states that it is unlawful for anv person to litter, track or deposit any soil , rock, sand, debris or naterial, including trash dumpsters, portable toilets and workmen vehicles upon any street, sidewalk, alley or public p1?9e or any portion thereof. The right:of-way on aII Town of Vail streets and roads is approxinately 5 ft. off pavenent.This ordinance will be strictly enforcEd by the Town of Vail rglJic works Department. persons found violating this ord.inance will be given a 24 hour written notice to remove said rnaterial .In tbe event the person so notified does not cornply with the notice within the 24 hour tirre specified, the pulfic Works Departrnent will remove said naterial at the expense of person notified. The provisions of this ordinance snlff not bL applicable to construction, maintenance or repair projects of any street or alley or any utilities in the right-a-way. To review ordinance No. G in full, please stop by the Town of Vail Building Department to obtain a copy. rtranx you for your cooperation on this natter. Rea Y d and acknowl-edged by: to os it ionl ReI ati--Etrlp Date It->?^fc/ (i.e. contractor, owner) 75 routh hontage road Y!il, colorado 81657 (303) 4792138 (3rxt) 479213!l oftice of community development NOTICE TO CONTRACTORS/OI{NER BUILDERS Effective June 20, lgg!, the Town of Vail Building Department has devetoped the following procedures to ensure that new construction sites iave adequatel-y-eltanlished proper drainage from building sites along and adjacent to Town of Vail roads or streets. The Town of vail Public works DePart&ent will be required to inspect and approve drainage adjacent to Towo of Vail roads or strlets and thC installation of teurporary or Permanent culverts at access points frora the road or street on to the construction site. such approval must be obtained prior to any request for inspection by the Town of Vaj_I Building Department for footings or temporary electrical or any other i-nspection. Please call 4'79-2160 to request an inspection from the Public works Department. Allow a minimum of 24 hour notice. AIso/ the Town of Vail Public works Department will be approving all final drai-nage and culvert installation with resulting road parching as necessary. such approval must be obtained prior to Fjnal Certificate of Occupancy assuance- 75 South Frontage Road .Vail, Colorado 81657 303-479-2 I s8 / 479-2 I 39 FAX 303-479-2452 1 IilFORMATION IEEDED I{HEf, APPLIII{G FOR A I'IECITAIIICBI, PERUIT Department of Comnunirt' Deve lopntenr HEAT LOSS CALCULATIONS. TO SCALE FLOOR PLAN OF MECHANICAI ROOM WITH EQUIPMENT DRAWN IN TO SCAI-,E, WITH PHYSICAL DIMENSTONS AND BTU RATTNGS OF ALL EQUIPMENT IN MECHANICAL ROOM. sHow srzE AND LOCATION OF COMBUSTTON AIR DUCTS, FLUES' VENT CONNECTORS AND GAS LINES. NOTE WHETHER ELEVATOR EQUIPT.TENT WILL ALSO BE INSTALLED IN MECHANICAL ROOM. 3. 4. FAILI'RE IO PROVIDE TTIIS IITFORI{ATIOI{ WILL DEIIAI YOUR PERUIT. Plan Review Based on the 1991 Uniform Codes NAME: COLORADO LOG & ANTLER DATE: ll-28-94 ADDRESS: 450 LIONSIIEAD VA CIfLORADO OC PANCY: B-2 TYP OF CONSTRUCTION: ll-FR CONTRACTOR:BLl CONST ARCHITECT: NONE ENGINEER: NONE PLANS EXAMINER: DAN STANEK CORRECTIONS REQUIRED The items listed betow are not intended to be a comptete listing of all possible code ""q.,i.e-entsintheadoptedcodes.Itisaguidetose|ectedsectiorrs.ofthecodes.The following is not to be construed to be an approval of any violation of any of the provision-s of the adopted codes or any ordinance of the Town of Vail' 1.FIREDEPARTMENTAPPRoVALISREQUIREDBEFOREANYwoRKcANBE STARTED. THIS PERMIT IS GOOD FOR AN INTERIOR REMODEL ONLY' FIELDINSPECTIoNSAREREQUIREDToCHECKFoRCODECOMPLIANCE. ASTRUCTUALENGINEERMAYBEREQUIREDToAPPROVEANYSTRUCTUAL CIIANGESBEFoREAFRAMINGINSPECTIONISAPPROVEDBYToV. 5.VENTILATIONISREQUIREDASPERSEcT05oFTTIEI99IUBC. 6. ALL PENTETRATIONS IN WALLS, CEILINGS, AND FLOORS TO BE SEALED WITH AN APPROVED FIRE MATERIAL. T.FIRBDEPARTMENTAPPROVALoFFIREANDSPRINKLERSYSTEMIS REQUIRED BEFORE FRAMING OR FINAL INSPECTION WILL BE APPROVED BY TI{E TOWN OF VAIL. 8. LOG SIDING WILL BE REQUIRED TO BE SEALED WITH A FIRE RETARDENT SEALER. 3. 4. /n Colorado Log & Antle{$r''}SifVl :::1'::1oj::'^,." {Io rou z{ rsst Proposcd FloorPlan 11./11/94 TOV"C(]Iil|VI. DIV, DIPT i'S <-E >,* <-P Construct Nfovable paitition sided with 1" x 5" hau log siding r> 3ia € -+S <i :! APplj 1 " x 6" half Io11 siding Rcmove 6' scction ofe)(istingwali to create free rnoverrcnt oPeninS. Op€ninq will b€ finished, hi,r^evJr no doorwill be lnstallod First lloor Scalc: 1"= plan 'o X€move CarPet & arPet Paddint Conrtmd 1. Ralrset l" x Z'Pti€ diiPsto concrse noor 2- Apply r" x 8 rou8hsawnPh-e fl@ring fo pine slriPs att, ched to Iloot *f "t/ail ,-:: *fti1\rf l '' .: f : tr- -. ---; \i : '/'zt-ry' Colorado Log & Antler Lionshead Store Proposed Floorplan 11/z'.t../94 Red:love ExistinS l,cw wall that sepes at lofr ratling for oPening to sPac€ below Cor6truct 35'hith Pine log railint wlth 12" Dameter Poets and 4' sPindleg ru^nin8 horizontaly with sFacint 50 that a 4" ball trEy nol pass through raUirgat anY Polnt I I v 24', J1 Second Floor - Loft Area &ale 1" = 8' t# Remove Carp€t & catPet Padding Corutnrct Apply 1" x 8" rou8h sar{n plm noodnt diEctly to flco! t --TNSPECTION ,,t,1/DA.TE 'JOB NAME READY FOR LOCATION: INSPECTION: -,'.l tr REINSPECTION REQUIRED tr DISAPPROVED PLUMBING:BUILDING: O FOOTINGS / STEEL EI tr 0 tr D D D tr UNDERGFIOUND ROUGH / D.W.V, BOUGH / WATER tr tr c tr tr 'E o FOUNDATION / STEEL FRAMING FTOOF & SHEEF PLYWOOD NAILING GAS PIPING TNSULATION SHEETROCK POOL / H. TUB FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR d O FINAL ionRecttotls: DATE INSPECTOR I tNsFEcn*oN. TFguEsr 479-2138 PERMIT NUMBER OF PROJECT DATE JOB NAME Mof CALLER IUtr,J THUR FRI PM READY FOR LOCATION: INSPECTION:WED tr FOOTINGS / STEEL PLUMBING: tr UNDEBGROUND D ROUGH i D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING - ROOF & SHEEB " pLYWooD NAILING tr GAS PIPING tr INSULATION O SHEETBOCK tr POOL / H. TUB FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: O HEATING D ROUGH O EXHAUST HOODS O CONDUIT tr SUPPLY AIR FINAL FINAL tr REINSPECTION REQUIRED D DISAPPROVED tr APPROVED CORRECTIONS: DATE INSPECTOR E I SPE rnun-.--f ni" '1,1'j IN .,f\ i .",;.tji ;t i l' ,, ,{' i ,. PERMIT DATE ME NU EROFP r lrl t! ROJECT JOB NAME CALLER .. . AM READY FOR LOCATION: INSPECTION:ruES wEo ,PM., BUILOING: T] FOOTINGS / STEEL PLUMBING: D UNDERGROUND D ROUGH / D.W.V. D ROUGH / WATER D FOUNDATION / STEEL tr FRAMING ,- ROOF & SHEEFI " PLYWOoD NAILING tr GAS PIPING tr INSULATION D POOL / H. TUB D SHEETROCK NAIL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT D SUPPLY AIR tr FINAL tr FINAL U APPROVED CORRECTIONS: "tr'OISAPPROVED .,b"F INSPECTION REQUIRED DATE INSPECTOR IN t SPE 'I - i.. t T NUMBER OF PROJECT :ll JoBNAME CTION REQUEST TOWN OF VAIL 479-2138 PERMI DATE CALLER 'ir',q$, '{G;i WED THUR FRI ,i AM PM READY FOR LOCATION: INSPECTION: BUILDING: O FOOTINGS / STEEL PLUMBING: N UNDERGROUND tr ROUGH i D.W.V, tr ROUGH / WATER D FOUNDATION / STEEL O FRAMING ,- ROOF & sHEER " PLYWOOD NAILING T] GAS PIPING tr INSULATION D POOL i H. TUB tr SHEETROCK NAIL O FINAL ELECTRIGAL: tr TEMP. POWER MECHANICAL: N HEATING tr ROUGH D EXHAUST HOODS tr CONDUIT tr SUPPLY AIR O FINAL p'."iheenovro dORRECTIONS: O DISAPPROVED INSPECTION REQUIRED DATE INSPECTOR t PE INS CTION REQUEST TOWN OF VAIL 479-2138 PERMI DATE T NUMBER OF PROJECT INSPECTION:MON JOB NAME ' :':' ----j:--'- CALLER TUES THUR FRI PM AM WED READY FOR LOCATION: BUILDING: E FOOTINGS / STEEL PLUMEING: E] UNDERGROUND O ROUGH / D.W.V. O ROUGH / WATER O FOUNDATION / STEEL tr FRAMING - BOOF & SHEER " pLYWooD NAILING tr GAS PIPING O INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr FINAL tr FINAL ELEGTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR O FINAL D FINAL tr DISAPPROVED O REINSPECTION REQUIRED E AFPROVED CORRECTIONS: DATE INSPECTOR t e rNsftrcJJ-oN. $EouEsr PERMIT NUMBEF OF PROJECT 479-2138 DATE JOB NAME INSPECTION: CALLER MON TUES WED AM THUR]' FRI Ptvt READY FOR LOCATION: EUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND E ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL E FRAMING - ROOF & SHEER " PLYWooD NAILING D GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr FINAL tr FINAL ELECTRICAL: O TEMP, POWER MECHANICAL: O HEATING O ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr FINAL tr FINAL C\irr \- F's- t-.\_,\\--sl \ s T-s--I \S t.\ {$ -\ \s-- >\ D REINSPECTION REQUIRED tr DISAPPROVED tr APPROVED CORRECTIONS: DATE INSPECTOR DE(]- ?-94 l.rEl] 2at!31 SA1 rul r lr{t 4lao FM I -ac' * Aurt-rA e, I * (r6E* z\14 Jer/tu Zt rw twffttwl rtu J A o817 7 t]NL-L, #,V6[-+wT P. 82 ?-93r HEfi 2g=3 L sAr IIEC- -7-94 l.lED Z.g=3? 5ftI lil )ltllll :1,' ti tti irl"ri. tt: iti l ;,:.: ;r tlill,r r I ii:;l i;'r' lr'llfi i 1r,,,. .rj .: : ll it,i,t'.' , ]l : ,i:ll t o z F =t uJ o- i \c o.l a UJ LU LL F =IJ td 1a=IJE lclPr trIJF4 d ltr{p+tr{o oo od l>PIFIA l<o UI 4O 14 :f (JH(,a<Ja <ifH .-tHz lul d t>oHo H<F 01 |r'l |4 HO.xcls)14 F-t c I t<clcto a 4,) a IJJ z o z o J .6 (,z 2 o rl -d- | ru.l Or .,., -1, F i lE 3r5 cn lO -t t,ll tl ir I l* rlv zt lk A,E frz F I: c|=E IE ZE > l= M(,&to lz 3 r; e= t!J qJ o i cE o F o F z o (r :l I nt v N :l : s{ o o ; .9 o- CL (! =o t- q) o. 9(Ei lt. o\ o -c o yC (g o c, =f o o =c --l j CL tcL ;(! 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"-' I Job Name: Legal DescriPtion: Lot TOWN OF VAIL CONSTRUCTION PERMIT APPLICATION FORM DATE:-- OUT CO!4PLETELY OR PERI.TIT TNFORMATION D I\D PlAt{L'alAA*"' PERlrrr lt40q5 IT I'!AY NOT BE ACCEPTED ******* * ** * ****************** I.("urrurnn t l-Plumbing 1y'-ntectricat t Job Address: Block Filing sugDrvrsroNt owners Name: ftltTt{ P4''t * Address ' Architect:Address: General DescriPtion: '/.work cl-ass: [ ]-New [ /f-Alteration [ ]- Number of Dwetling Units: Nlmber and TYPe of FirePlaces: Gas L********************************* -v1...-- Electrical Contrac tot rW Address: Plunbing Address: Mechanical Contractor: Address: itional Nurnber [ ]-Repair [ ]-other of Accommodation Units: Appliances VALUATIONS ELEcrRrcA:.,z t-lz$x.f OTHER: $ MECHANICAL: T-TOTAL: $ - Gas Logs- Wood/Pellet- ********************************* Phone Number: Town of Vail Phone Number: Town of vail Reg. No. Phone Number: Town of vail Reg. No. Phone Number: tiutl,otNe : s Address: Contractor: #Eiza-- INFORMATION ************* dYl Town of VaiI R *******A*.*+**+ ec. ro.qjj9-t) BUILDING: SIGNATURE: ZONING: SIGNAfi'RE: CLE&N I'P I}EPOSIT REFTIND TO: * aaff +r TO: FROM: DATE: RE: MEMORANDUM ALL CONTRACTORS TOWN OF VAIL PUBLIC WORKS MAY 9, 1994 WHEN A ''PUBLIC WAY PERMIT' DEPARTMENT tS REQUIRED Job Namel 3Ltjr, *.-rr-*marding rhe need for a "pubricway permit': YES NO 1) 2) ls this a new residence? ls demolition work being performed that requires the use ol the right of *"y,'t"ttments or public property? ls any utilitY work needed? ls the drivewaY being rePaved? ls ditferent ac'cess needed to site other than existing drivewaY? ls any drainage work being done atfeciing the right ol way' easemenls' or public ProPertY? ls a'Revocable Right CI WaY Permit" required? A. ls the right of waY, easements or public property to be used lor slaging, iarking or lencing? B. ll no to 8A, is a Parking, staging or fencing plan required by Community 3) 4) 5) 6) 7',) 8) DeveloPment? lf you answered yes to any of these questions, a "Public wayfermit" must be obtained' 'pubtic Way Pemit" 6;i16gt;;s mi be obtained at the Public Work's otfice or at Community OevetopmJ'ni. tt you hav^e any questions please call Cha1ie Davis' the Town ot V"it Construclion lnspector, at 479-215€' I have read and answered allthe above questions' Job Name Gontracto r's Sig natu re It Date o PUBUC WAY PERMIT PROCE$S How it relates to Building Permit: 1) Fill out the our check list provided with a buildino Dermit aoolication. lf yes was answered to any of the above questions then a "Public Way Permit" is required. You can pick up an application at either Community Development, located irt 75 S. Fronlage Road or Public Works, located at 1309 Vail Valley Drive. Z) Notice sign otfs for utility companies. All utilities must field verity (locate) respectivd utitities prior to signing application. Some utility companies require up to a 48 hour notice lo schedule a locate). 3) A construction tratfic control plan must be prepared on a separate sheet of paper.' This pla6 will show locations of all tratfic controldevices (signs, cones, etc.) and the work zone, (area of construction, slaging, etc.) 4,) Sketch of work being performed must be submitted indicating dimensions (length, width & depth ot wort1. This may be drawn on the tratfic control plan or a site plan for the job. 5) Submit completed application to the Public Work's office for review. lf required, locates lvill 6e sched'uled lorthe Town of Vail Electricians and Inigation crew. The locates gre take place in the morning, but may require up lo 48 hours to perform. 6) The public Work's Construction lnspector will review the application and approve or disapprove the permit. You will be contacted as to the status and any changes tnat miy be needed. Most permits are released within 48 hours ol being received, but please allow up to one week to process. 7) As soon as permit is processed, a copy will be faxed to community Developmenl allowing the "Building Permit" to be released. Please do not confuse the 'Public way Permit'with a "Building Permit" to do work on a project site itself. Note: *The above process is lor work in a right-of-way only' *Public Way Permit's are *A new Public Way Permit is required each year. Department of Communiry Developtnettt 75 South Frontage Road -Vail, Colorado 81657 303-479-21 38 / 479-2 1 39 FAX 303-479-24s2 2. If,FORT.iATIOf, TEEDED WHEf, APPLIIIG FOR A ]lEClrNlICAL PERMIT 3. 4. HEAT LOSS CALCULATIONS. TO SCALE FLOOR PLAN OF MECHANIC_AL ROOM WITH EQUIPMENT DRAWN rN ro scd;; witn-envjJcal DTMENSToNS AND Bru ieliiies oF ALL nouipupwr rN MEcHANTcAL RooM' SHOW SIZE AND LOCATION OF COMBUSTION AIR DUCTS' FLUES' vilrr coNuEcroRs AND GAs LINES' NOTE WHETHER ELEVATOR EQUTPMENT WILL ALSO BE INSTALI-'ED IN MECHANICAL ROOM. FAILTIRE TO PROVIDE THIS II{FOruATIOtr YTILI' DEI'AT AOUR PERUIT' o 75 south lronlage road Yall, colorsdo 81657 (303) 4792138 (303) 479'2139 otlice ol community developmenl NOTICE TO CONTRACTORS/OWNER BUILDERS Effective June 20, 1991, the Town of Vail Building Department has developed the following procedures to ensure that new construction sites have adequatefy established proper drainage from building sites al-ong and adjacent to Town of Vail- roads or streets ' The Town of vail Pubtic works Department will be required to inspect and approve draittage adjacent to Town of vail roads or strLets and the installation of temporary or Permanent culverts at access points from the road or street on to the construction site. Such apiroval must be obtained prior to any request for inspection by the Town of Vail Buitding Department for footings or temporary electrlcal or any other inspection. Please call- 4'1 9-2L60 to request an inspection from the Public works Department. Allow a minimum of 24 hour notice. A.lso, the Town of Vail Public works Department will be approving all final drainage and cufvert installation with resulting road parching as neceasary. Such approvaf must be obtained prior to Fjnat Certificate of Occupancy issuance. 75 south lronlage toad Yail, colorado 81657 (303) 479-21.38 ot 479-2L39 TO: FROM: DATE: SUB.TECT: off lce ol communlly developmenl ALL CONTRACTORS CI'RRENTLYL REGISTERED WITH TIIE TOWN OF VAIL TOWN OF VAIL PUBLIC WORKS/COMMIINITY DEVELOPMENT MARCH 15, 1988 CONSTRUCTION PARKING & MATERIAL STOR,AGE In sumnary, Ordinance No. 5 states that it is unlawful for any person to litter, traek or deposit any soil , rock, sand, debris or naterial , including trash durnpsters, portable toilets and workmen vehicles upon any stleet, sidewalk, alley or public pLace or any portion thereof. lhe right:of-way on all Town of Vail streets and roads is approximately 5 ft. off pavement.This ordinance will be strictly enforced by the Town of Vail Public Works Department. Persons found violating this ordinance will be given a 24 lrour written notice to remove said naterial .fn the event the person so notified does not comply with the notice within |-h.e 24 hour time specified, the Public Works Department will remove said material at the expense of person notified. The provisions of this.ordinance shall not be applicable to construction, maintenance or repair projects of any street or alley or any utilities in the right-a-way. To review Ordinance No. 6 in full, please stop by the Town of Vail Building Department to obtain a copy. Thank you for your cooperation on this uratter. d and acknowledged by: v Tosition/Relationship to Project (i.e. contractor, owner) Rea Y Fu= I 75 south tronlsge road Ytil, colo.ado 81657 (303) 479-2L38 or 479-2L39 oftlc. ol communlty devclopmenl BUILDING PERI.IIT ISSUANCE TIME FRAI'IE If this permi.t requt:res a Town of Vail Fire Department Approval , Engineel ''s (.Pub'l ic tlopks) reyiew and approval , a Plann,i ng Department review or Health Department review, and a review by the Building Department, the estimated tine for a total review may take as long as three weeks. Al'l conrmerci a'l (l arge or sma'l'l ) and al 'l mul ti -fami 1y perm i ts wi I I have to follow the above mentioned max'imum requ'irements. Residential and small projects should take a'l esser amount of time. However, if residential or smaller projects inpact the various above mentioned departments with regard to necessary review, these projects may also take the three week period. Every attempt will be made by this department to expedite thi s penni't as seon as poss'ible. I, the undersigned, understand the plan check procedure and time frame. Agreed to by. Project Name Communi ty Devel opment Department. t)to-io.tr. (* (* | .t-',\*tc.€\'*'t d tc. \6 IG! \J ^-T-l -r .qE@o' 't:3 € ! { !o '., . -i ;F i..l 3 (\ s P F $ o I f*b 'ru o o PERMIT NUMBER OF PROJECT {t JO8 NAME DATE .,.-'::1 ,r.-, , " CALLER INSPECTION:MON TUES WED THUR FRI tr DISAPPROVED D REINSPECTION REQUIRED AM PM READY FOR LOCATION: b'Rppnoveo lr.rstcnoN REQUEsT TOWN OF VAIL 479-2138 BUILDING: tr FOOTINGS / STEEL PL tr D D D tr o tr UMBING: O FOUNDATION / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH i WATER tr FRAMING tr tr ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H. TUB D SHEETROCK NAIL o tr FINAL D FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr tr o ROUGH D tr tr EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL D FINAL CORRECTIONS: DATE INSPECTOR PERMIT --INSPECTION REQUEST TOWN OF VAIL 479'2138 NUMBER OF PROJECT , i lr ' i- | ' JOB NAME INSPECTION:MON DATE CALLER TUES WED THUR FRI AM PM READY FOR LOCATION: BUILOING: tr FOOTINGS / STEEL PLUMBING: tr UNDEFGROUND D ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEE- tr FRAMING -r ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr SHEETROCK O POOL / H. TUB EI. FINAL D FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: D HEATING tr ROUGH O EXHAUST HOODS O CONDUIT tr SUPPLY AIR tr FINAL tr FINAL tr(APPROVED eoRRecttotts: tr DISAPPROVED /,, O REINSPECTION REQUIRED DATE INSPECTOR I INSFECTION REQUEST TOWN OF VAIL 479-2138 PERMI DATE T NUMBER OF PROJECT JOB NAME INSPECTION:MON WED THUR FRI CALLER TUES AM READY FOR LOCATION: BUILDING: tr FOOTINGS / STEEL PLUMBlNG: tr UNDERGROUND D ROUGH / D.W.V, tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING ,.- ROOF & sHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB O SHEETROCK NAIL N FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH tr EXHAUST HOODS CONDUIT D SUPPLY AIR tr FINAL D FINAL tr,APPROVED CORRECTIONS: D DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR Dlign Review Action FOt TOWN OF VAIL Category Number Project Name: Building Name: Project Descriplion: Owner. Address and Phone: /Address and Phonei /,/. Legal Description: Lot -l- Block / Subdivision 1. . -, ,--.'/-. ^.--'../ /5t Zone District 44AA Proiect Street Address: Comments: Motion by: Seconded by: n Approval 3 Disapproval ;X{ st"tt Approv-al itions: 1/" qA<(o nnh.{'{ffif .#4?;%, r64;t ".,, jlp lu,2,l, DRB .rpporen.,,oN lWf Kurr*r,, coroRrDo r. DATE OF DRB MEETING: **t*****tt IEIS APPLICATION }IIUL NOE BE ACCEPIED SN:IIL .trLL REQUIRED INFORINTION IS SUEUIITED ***r*t**** @: A. DESCRTPT B. c. D. E. F. tatL a meets and bo on a separate sheet legal and H./,G NAME OF Mailing APPLICAI{T'RESENTAT Address: T K. I. NAI'{E OF *STGNATI'RE (S) :Mailing Address: Condominlun Approval if applicable. Q<€ le7/n" DRB FEE: DRB fees, as shown above, ate to be paid at the tlme of submittal of DRB application. lat,er, when applying for a building pernit,, please identlfy the accurate valuation of the proposal. The Town of Vai]will adjust the fee according to the table belor.l, to FEE SCHEDULE: wJ,J.J. ggJLrDL LllE tsE Cr\,\,VJ. (Irrry LlJ LtrE LGrl.rIC lr)El9|j\r/' LU rr t ensure the correct fee is paid. €nc-.L / ii$''--'l FEE PAID: S -/"' \-"j, FEE SCHEDULE: (*' , .,sp\l*VALUATION 0 - $ 10,000 $1501001 - $ 500,000 $500,001 - s1r 000, 000 $ Over $1r 0001 000 FEE s 20.00 s s0.00- $100.00 $200.00 $400.00 $500.00 ;,^rt' * DESTGN RSVTEW BOARD APPRO\TAI EXPIRES ONE YEAR II'TER FIIIAI. APPRO\IEIJ I'NI'ESS A BUII'DING PERMIT IS ISSIIED A}ID CONS!RUCTION IS STARTED. **NO APPLICATION I'ILL BE PROCESSED 9TIISOUT OIINER'S SIGNATSRS -.- 1 r994 DATE APPLICATION RECEIVED , Y/I/T4 \.New Construction (S200.00) XMinor Alterat,ion (S20.00) Addition ($50.00)ddition ($50.00) . , Conceptugl Review (90) ADDRESs , {bb L'ota herd Cn, /Deet zoNrNG c'c E' I,0T AREA: If required, stamped survey showing NA}48 OF APPLICANT:Mailing Address: LEGAL DESCRIPTION: LoT Subdivision If property is described by description, please provide attach to this application. applicant must provide a current lot, area. s -10 s{9,001 - s s0,900 s 50,001 - s 150,000 ;\ t\ rti' ffi{{ _ ---:/ I rrpRSoN CoNsul.rrn LIMITED PARTNERSHIF 31O SOUTH MICHIGAN AVENUE, SUITE ' 9OO cHrcAGo. lL @604 <3121 922-WO FAX (3la 922-2046 January 26, l-993 l{r. Bruce Banisky Simpson Housing Corporation Suite 200 320L South Tamarac Drive Denver, Colorado 8023L Dear Bruce: This is to advise you that the Treetops Condominium Association Board approves the concept of your Garage-p1aza window reguest as reflected in recent letters and the engineering drawing,subject to the following. There were certain lessor restrictions relative to the window use placed on the project by the Board and mernbership: According to Tirn Roble, the windoers are to be used for light and ventilation rather than for neon-lighted displays or other objectionable usage, We agreed. Another objectionable usage would be to place signs in the windows which had the effect of causing vehicle or pedestrian traffic in the Treetops Iiving quarters and owner parking areas--and thus getting around our earlier turn-down of signs on the building ends. Displays, which are reasonable and which do not cause problems, are fine. After discussion, we wiII not ask our Engineer (Boyle)to approve your plan from a technical (e.9., structural,mechanical, etc,) point of view at this tine, reserving the right to do so after the Town of VaiI has spoken on technical matters. a Pn a G ) PMH TOWN OFVAIL DEPARTMENT OP OOTTMUNITY DEVE-OPf,IENT -/ I /,,/ ,' l xt*re ,J {J'-4 4/4<-L.tc.c PROJDCT PAYABLE TO TOWN OF \,AIL 100m42415 o100m42412 XEROXCOPIES to00{J42412 OURS INSPECTION FEES VTC ART PROJECT DONATION AID DESIGN REVIEW BO 0l 0m042371 0l 00m42371 BUILDINC INVESTICATION 01 0000 4l 0l 0000 41330 IOR ALTERATION TMORETHAN IOO SPECIAL DEVELOPMENT DISTRICT SUBDIVISION 0t 0000 41330 0l 0000 41330 MINOR AMEND ZONING CODEAMEND 0l 000041330 0l 0000 41330 u\ /l i. /.1 ./ Rerum to /t/tt{-r- " !cJ/^1iFU, INTER-DEPARTMENTAL REVIEW PRoJECT: -7?n",-tzP.--, fL'z z1- DATE SUBMITTED: DATE OF PUBLIC HEARING COMMENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPOSAL: Cc.-}., "y'') t.'J . "c +4 7't4/) .? PUBLIC WORKS Reviewed oy: rrn/,i{r= l,4t2t/cr: oate: Comments: / ,/1 /"'f / , -/r' ./,/l! | (4 '1. z.qz C--V ;*e t f"*-* __.t'_; Tll t $ A(illti;l':MFNT (ltr [{'(l 1llB4 , bY nrtrl l,ntwr,r'n 'l'lll'l f (rf rr,(l ttt ttn "Vnt l " , nlld f)r.rndomln I 11p1 lPgrrc "tt. Irrn, r98{g$ **JnXr-t t',2{-L.(*- J0lll{r,r I | '.'rl-i " ACRNEIGNT l.rCl | 'r 'l.r l/ I r: iH'[] ,',l,li #$*t,1^l,nirln:i1*1uili.''.r ni, i r .ii' r,'- ' r lro ROAltfl OF ltl ltli('T()llfl '.r I 'l t'r'rit I tl'ri h.rf.\tntrf tr!! frrfartfr,(l t.l i{ "'J ft't}i' 11111 . UIITN}.:SSETII: $H!;nEAS, TrooTopn hrr.e euthorlty to enter tnto 1he I ';rslr ttr sale of tho alr.npace rtghtn ebovo r.ha ortfrtlnB parklnE t{fl rnt'f' nf.ructure (horcliraf tor referr'od to it r,ho "Sttb.1oc't Jtl6prrrlt' ) i,rcni"O at-TrooT.ps 1,ontlomJrtlun PtoJ€ct (herolnAf tor '.of elrr'{l i o as tho "Fro.lect") on bohrlf of the olnera ol tho undtvtdr tl lntereets oi tlre Eonor&l conmon olemohta Of the ProJect i ,rnrl WItERf,AS, ValI has reqtlestt'd that certeln n'gtrlctlons regnrdl ng an erFployee unlt t'e placed on the SubJect Properry' NOI{,TllrnD!.oRli,fr,rlhoBunolTsnDor.lerrt($lll.o0)lrnd''lhf'r gi<rr,rl 'rn.l vul rtuh lo .l(tttH lrl||rst ton , thG ru?f tctoncy of wh I (. lr li hi|rolt)' ii,:kn,,v locl{ctl , th€ purtlt'B h.irt"to lgfeo lt! follrr*s: J.Th'rtportlonoftheencl!.1arylacll1i,leeOl|ll},]Srtl;Ji.'ct Drupcrly comprtsed of two beclroome, tro bEthrooma, de'), k{tclt''n ' itinintr," rivlng ^.trd of f ice spl'ce for- e 1lving aret of flpproxlrinl ely i,<ino''iqu""e ieet ( referrecl' to as tbe ,,Enployee un I t' ) , shn I I be ur".' oxclurri vely lrs tho mttntrgor'n unlt foi tho manBgpr rr l t'h(. I'ro''('ct nrrcl nhnl l not bir *,,. r1', t rurtsilorrnd or convoyod f,rrl'iLrltl ' ll f runr 1'ltr' t'..nrBlndrrr (Jl the Sut,Jttct l'roporty. 2. The [,mpl<rycc ;'nlt phnll not be lersed or rent ed for llny pertod oI Jess t-han thlrty (30) consecuttv€ days; rnd, if,lt shell Lo r.nt*,1 . lt 6he l l tr. reirted ouly to tenrnt' rho po tull-tlo€ ,.tnpi "v",'" ln the uppor uagie vrl lly. Th€ Upp€r-Eagle !'nlley nhall 5a'deims<l to ilcludb tlr(! core Valley, Mlnturn, Rad CliIf, Oltnin' irrisi" v"il Rtrd Avnr , ard tho Furroundlng trai'i.' . A f ttl. l '-1.[nt' .'rnploy.. ls a pnrnon who works rn averaE€ of thllty (:lo) h('rtrB ltor neek. 3Therestrrctlonsconteln€dberelnshrllremltlnlnef(!Ct for a perlod not -nore tlrrn 20 yearrl rtid the life of 'f rFnt' P'tttirrr from thc dste the cettlficate bf occupancy la lseuod f'rr said trnit'' 4. Thla Anreement shnll bu r conveneDt runnlng wl t'tr tho lattrl rntl shalt bt.nd TIo.rTo1,s, ltF h4lrgr succegBrrrs' antl $!t'r | !inr: ' ttild "i i *uir."quent losncer"r and ownerA of tho SubJoct I)roJtr'1'1 1 ' TOIT:| ol' iT'l'UsT i 'v/J!4 C lerk llr rn dn I I l, r ( ()L(lltAl(r I aoARD OP DtR8CTOR8 0F Tlllili'l'OPs CONDOMINIUU A8$OCIA'tlOl{ 7-' I Byr ,1)ir/ETilF;;iT&;Y STATE OF COLORAI}O COUNTY OF ; ) rs. ) My comlnhllon crplrlrr /4/t/Ar S'fATE OF COLORADO couNl'Y o' ' jl)tz'n' L/ r-'\- forcgolng Agrce mcnt rr! reknoilcdgtd bGfofG mc t't - . y -ff . *y Jq8ll by Edwerd V. stra-u1 rt_Prarldcrrt e! TrCeTqp,r-Cdiii6-m-liriuri tnd iiihda Aveireh e* gor?gltry sf Tr*?TSt F,md6nlnlrirn Ariochuorr. Myaomnfilfonrrphcrr @ coNgENT TO AqREEMENT Plerre Lakes, Lt'j., rr Colorado Llmltcd Partnership, hereby fonc.otr and tgrear to thc lorogolng Agreem€nt between the Totn of Vall, Coloradc, qnd the lk rd of Dlreetors of TreeTopr Comronrinium Asloclatlon. ;ffiffint *r ac*nowtcdr*t bctorc me thtr -&:/-?o^y .z) ]'no rotagorng A8roGmint flr rcxnoirlQor.o Darofc me tnlr _*{,. *d'ay oI _&-*bt_ar , lgta, by 'l'O lt N Ub VAllJ, Col,OltAIrO, r munlolprl oofpoFrllon, lor |'rxj on l)oh.lt ol ||i(l -z- Llnltod $TATE OP COLORADO ))r" )couNrY op dt'alEK f,ly eomrnbslon erp!rce , TttG lorcrotn Cqlc'tt to AFG.mltt trt .chrotledf.d bcforc nc y,*#(#1,{maH,filffitd A' Srnron ar sena'.r Perttc or z. -O ,lJftu 4d; U/ LTI!, r Color{o .t7 otrlt Fu 7as -t- PRo,JEcr , a-^teZt -- - C^^L-, ?Z-t DATE SUBMITTED Z L.23, ?L DATE OF PUBLIC HEARI}IG - XJN COMMENTS NEEDED ,,U: A A ,Vzt-t tz',.r<-,i.e,-<-( [ .......".._ / BRIEF DESCRIPTTON OF THE PROPOSAL: 3k- P;*l--> PUBLIC WORKS Reviewed b FIRE DEPARTMENT Reviewed by: Comments: POLICE DEPARTMENT Reviewed by: Comments: RECREATION DEPAF.TMENT Reviewed by: Comments: INTER-DEPARTMENTAL REVIEW Date Date Date Date 6- kt-o z. dmments: //Y/- o'zo/ Revised 5/I/92 Date Received by the Cornmun:ty Development Department : APPLTCAUON FOR CONDOMINIUI{/TOHNEOT'SE PIAI REX'IEI{(Chapter ).'7 .22 Vail Municipal Code) (PLEASE PRINT OR TYPE) A. APPLICANT TREETOPS CONDOMINIUM ASSOCIATION C/O MAILING ADDRESS VAIL HOME RNNTALS, ].43 EAST MEADOW DRTVE, STE. 397 @D ti.tN ,. ,, i99p VAIL, COLORADO 81657 PROPERTY OWNER TMETOPS CONDOMINIUM ASSOCIATTON pHONE 3o3-476-222I rr APPLICANT' S REPRESENTATTVE VAIL HOME RENTAI,S ADDRESS f43 EAST MNADOW DRIVE, STE. 397 pHONE 3a3-476-222I OT{NER'S STGNATT'RE MAILING ADDRESSC,/O VAIL HOME RENTALS, 143 EAST MEADOI^I DRIVE, STE. 397 LOCATION OF PROPOSAL: STREET ADDRESS45O EAST LIONSHEAD CIRCLE, VAIL, COLORADO LOT__.-_BL0CK_SUBD rVI S ION FILING F. APPLICATION F MATERIALS TO BE SUBMITTED: cF{EcK #3/34 )-=--- Two mylar copies and one paper copy of the subdivision plat shall be submitted to the Department of Community Development. The plat shall include a sj_te map with the following requirement.s : a. The final plat shall be drawn by a registerec surveyor in India ink, . or or.her substantial sol-ution, on a reproducible medium (preferably mylar) wit.h dimension ri" twenty-four by t.hirty-six inches and shatl be at E scale of one hundred feet to one inch or larger with margins of one and one-half to two inches on the Left and one-half inch on all other sides. Accurate dimensions to the nearest one-hundredth of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys,easements, structures, areas to be reserved or dedicated for public or conmon uses and other j-mportant features. AlL curves shall be circular arcs and shall be defi.ned by the radius, central-angle, arc scored distances and bearing. All dinensions, both Linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand. Nort.h arrow and graphic scaLe. A systematic identj.fication of all existing and proposed buildings, units, lots, blocks, and names for all street.s. An ident.ification of the streets, al1eys, parks, and other public areas or facilj.ties as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for fut.ure public acquisition shall also be shown on the plat.. A written survey description of the area including the total acreage to the nearest appropriate significant f1gure. The acreage of each lot or parcel shall be shown in this manner as welI. .l $100.00 ---_- y9 6/19/92 WAS IN TO SEE YOtJ cru|.ErftF 0l?t1 1$ 7 OI'AUTY PAd( PFOd'Cfii t- g. A description of aII survey monuments, both found and 1, set, which mark the boundaries of the subdivision, and a description of all monunents used in conducting the survey. Monument perimete! per Colorado statutes. Two perimet.er monuments sball be established as major control monuments, the materials which shalL be determined by the town engineer. h. A statenent by the land surveyor explaining how bearing base was determined. i, A certificate by the registered fand surveyor as outlined in Chapter L'l .32 of this title as to the accuracy of the survey and plat, and that the survey was performed by him in accordance with Coforado Rewised Statutes t9'13, Title 38, Article 51. ). A certificate by an attorney adnitted to practice in the State of Colorado, or corporate title insurer, that the owner(s) of record dedicating to the public the public right-of-way, areas or facilities as shoern thereon are the owners thereof in fee simple, free and clear of aLl l-iens and encumbrances except as noted. k. The proper form for filing of the plat with the Eagle County clerk and recorder. l. Certificate of dedication and ownership. Shoufd the certificate of dedication and ownership provide for a dedication of land or improvements to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addit.ion to the fee simple owner thereof. m. AIl current taxes must be paid prior to the Townts approval of plat. This includes taxes which have been bilIed but are not yet due. The certificate of taxes paid must be signed on the plat or a statement from the Eag1e County Assessors Office must be provided with the submittal information stating that 4L taxes have been Paici. n. Signature of owner. 2. The condominium or townhouse plat shall also include floor plans, elevations and cross-sections as necessary to accurately determine individual air spaces and/or ot.her ownerships and if the project was built substantially the same as the approved p1ans. 3. A copy of the condominj-urn documents for staff review to assure that there are maint.enance provisions included for aII commonly owned areas. G. APPROVAL PROCESS, REVIEW CRTTERIA Upon receiving two copies of a complete submittal along with payment of the appropriate fee, the zonlng administrator shall route one copy of the site map to the town enginee:: for his review. The zoning administrator shall then conduct this review concurrently. The town engineer shall review the ,submittal and return cotnments and notifications to the zoning administrator who shall- transmit the approval, disapproval or approval with modifications of t.he plat within fourteen days to the applicant. The zoning administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies wiLh the originally approved plan or faiLure to make other required modifications of the plat. H. FILING AND RECOFOING The zoning administrator shall be the final signature reguired on the plat so that the Department of Corununity Development will be responsible for promptly recording the approved plat with the Eagle County Clerk and Recorder. Fees for recording shall be paj.d by the applicant. The Community Development Department will retain one mylar copy of the plat for their records and wifl record the remaining mylar copy. Revised 5/l/92 'I Revised 5/L/92 Date Received by the Comrnunity Development Department : APPLIC,IIION 'OR coNDoa{rNIUrd/ao}rNEoDsE DIA! RIvIAn (Chapter I7.22 Vail Municipal Code) (PLEASE PRINT OR TYPE)A. APPLICANT I'{ATLING ADDRESS APPLICANT' S REPRESENTATIVE ADDRESS PHONE a B. D. PAID FILING CHECK #E. (DATE) 1. Two mylar copies and one paper copy of the subdivision plat shall be submitted to the Department of Cotnmunity Development. The plat shall include a site map with the following requirements: a. The final plat shall be drawn by a regLstered surveyor in India ink, or other substantial solution, on a leproducible medium (preferably mylar) $rith dimension of tnenty-four by thirty-six inches and shall be aL a scale of one hundred feet.to one inch or larger with margins of one and one-half to two inches on t.he left and one-half inch on afl other sides. b. Accurate dimensions to the nearest one-hundredth of a foot for afl lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be deflned by the radius, cehtral angle, arc scored distances and bearing. AII dimensions, both Linear and angular, are to be determined by an accurate control survey in the fieLd which must. balance and close within a limit of one in ten thousand. North arrow and graphic scale. A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shaLL also be shown on t.he p1at. A written survey description of the area including the total acreage to the nearest appropriate significant figure. Ihe acreage of each lot or parcel sha1l be shown in this nanner as well. .l A PROPERTY OhINER Cf,flIER'S SIGINA$'RE I'IAILING ADDRESS LOCATION OF PROPOSAI: STREET ADDRESS LOT_.-_BLOCK_SUBD rVI S r ON APPLICATION FEE $100. OO MATERIALS TO BE SUBMTTTED: TOWJ\{ OF VAII- D EPA R'i,\{EN T OF C ONIivt LINITY D EVEI.OP }IENT S.\LES AC'IION FOR}i ZONL\{G 1u\lD ADDRESS M.n.lS LTNIFOL\{ I TJI'LDING COD E UNFORM PLUMSINC CODE 0i 0000 42415 | LTNIFOR.\'{ ]vlECllAilICAL CODE 0r 0000 41540 0l 0000 424 l5 010000{2415 01 0000 .1:4 I 5 U}{IFORI{ FTP.E CODE 0l 0000 42415 I N.llox,rt- ELEcI?JCAL coDE 0l 0000 42415 OT}IER CODE BOOKS 0t 0000 .1r 543 | l lue pnnrrs olYLARs) 0l 0000 42412 I xexox ccPlns I STUDIES OI OOOO 4237I 1 PENAT-TY FEES / RE-INSPECT1ONS 0l 0000.{r332 i pr-eX Rertl'w RL-CHECK rTE [S.10 PER HR.] 01 0000 42322 OFi' FIOU RS L1\{ S PECI'ION FEI1S ol 0000 41412 C ONTRACI-ORS LICI:NS ES FEES 0 r 0000 41330 StGiI APPLICA-NON FtE ADDf IIONAJ- SlGN.r'CE I':E [Sl.fr0 PER 0l 0000 41413 0l 0000 41.113 0r 0000 424{0 VTC ART PRO]ECT DONATION 0t 0000 41331 PRE PAID D]1SIGN RIJVIEW XOARD F}.i] 01 0000 41330 CONDIlIONAL USE PER\{IT ERIOR ALTERATION ILESS HAN IOO S 0l 0000 41330 LXTERIOR ALTER.{TTON II{ORE THAN 1OO 0l 00co 41330 SPEC]AL DEVELOP},IE}IT DJSTRICT cr 0000 4 r330 0l 000041330 ISPUCL\L DEVI:LOPI1ENT DIS'fRlCT {}vL\JOR A..,\lF}{l)l 0l 0000 4r 330 S PECIAL DEVELOPNfENT DIS]RICT SLts DIVI-SION 01 0000 413i0 0i 0000{il-i0 0r 000041330 lzoMNccoDEA"\IL\DMENTS 0l 000041330 TOITN OFVAIL 75 South Frontage Road Vail, Colorado 8i/657 303 -479-2 I 3 I / 479-2 I 3e FAX 303-4V9-2452 August 3, 1993 D e partn ent of Cotnn uniry D eve lo pment Mr. Donald A. Simpson, Managing General Partner Pierre Lakes, Ltd. 3201 South Tamarac Drive, Suite 200 Denver, CO 80231 RE: Zoning designation for Treetops Plaza, 450 East Lionshead Circle/ Lot 6, Block 1, Vail Lionshead 1st Filing. Dear Mr. Simpson: This letter serves to confirm the Town of Vail's zoning classification for Treetops Plaza al Lionshead. The attached zoning map indicates that Treetops Plaza is zoned Commercial Core ll (CCll). I have enclosed a copy of our zoning map as well as the legend for your reference. lf you have any questions, please feel lree to give the Office of Community Development a call at 479-2138.'dat a,/' Timothy N. Devlin Town Planner Attachments xc: Bruce Banisky (FAX: 1-745-1585) File ":ti l! # ,E t : =co E qi !o F 5?5 FOREST ROAO LIONSHEAD TOT LOT TRACT C I dfff 950 -# u Jro fJ iEslruRA'{t UNPLATTED RED SANOSTONE ELEMENTARY r55l' 9Ih.FILING NORTH OAY 1 PARKING LOT LrFrHo{rsE a 555 5 t SECOND FILI /1trnoFs 6{6 . 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PUELIC ACCOI{ODAT'OIJ DISTRICT SPECIAL DEVELOPMENT DISTRICT PUELIC USE DISTRICT COMMERCIAL CORE I DISTRICT COMMERCIAL CORE 2 OISTRICT COMMERCIAL CORE 3 OISTRICT COMMERCIAL SERVICE CENTER OISTRICT AGRICULTURAL & OPEN SPACE DISTRICT GREENBELT 8 NATURAL OPEI{ SPACE DISTRICT HEAVY SERVICE DISTRICT PARKING .DISTRICT ARTER'AL EUSINESS OISTRICT SKI EASE RECREJTION D'STRICT HILLSIDE RESIDENTIAL OISTRICT NOTE: ANY LAND , LOT, OR SITE wlT.HlN THE TOWN 0F vAlL MUNTCTPAL BOUNOARY WHtCH, ACCORDING TO THE OFFICIAL zoNlNc MAp,DOES NOT HAVE A DESTcNATEO ZONE DISTFICT, SHALL 8E DESIGNATED GFEEN EELT AND NATURAL OPEN SPAC z0NE otsTRlcT. llr TTT rlr SHC Rrc?JUL 12 tggs JuIy 8, L993 Mr. Timothy N. Delvin lown of Vail Office of Community Development 75 So. Frontage Road Vail, Colorado 8L657 Dear Tim: We have a prospective purchaser for Treetops plaza at Lionshead and the contract requires a letter fron a county official in the appropriate depaitment confirming both the zoning classification for Treetops Plaza and that the Plaza is in confornity with this zoning classification. I would appreciate it if you could write such a letter and fax it to ne at 1-745-L585. Pleise address it to Mr. Donald A. Sinpson, /Managing General Partner, Pierre I-,akes, Ltd., 32oL So. Tamarac Drive, Suite 200, Denver, Colorado 80231. Thank. you very much for your hel-p. Tim. If you have any questions, please give me a call at 1-750-6656. Sincerely yours, SIMPSON HOUSING CORPORATION ,4r''"".- 23,'.^'"4 Bruce Banisky \J BB/cn By telecopy: L-479-2L57 and nail SIT,II'SO\ HOLISING (]()RI'Ott/\TION :32O 1 5()utl) -l'i|lllirr.l( l)ri\'(' . Suit(' 2(X) . 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E t- z.(': lz lZ io ,F t^'c r= 'Y lz i=: m a rd H r- z a H H z z = o z 6 -l --t o - o m 2E llo: +t>;,2 =x I I I I I I I -{l'\mN) t\ F I I I i --{ l- m --i _r'l m m a m -.1 x z G m L J m I z m m { m c) =z m m (-)- z o c =a o --t o z o I o 7 o c =_0 t = m -It m m a VALUATION m n _3 z lc lc lc t- lc lr t' =tn o I z t- c z m m o c 2 o @ o ! tl e-Ke17a5t Pb d>frt4t )K .{( 33 =l! =r7b.'{9 ()o z 2 u F () -{6 z ! -t Ft ..l F ;t=el { d o m Eg c1 93 ti m=i5 6{.a^tr :1 i; a! SI 2t 5a ii ;5 e !m !3 i !m o ! 7)3 o -rn E b t .$- N E o 2 3 IT \t -l, s I o 'rt t !ti o 6 81 ET io z6 e9 c,t,-e!€E 6 2 o=nt=a--t !l< 3. 0 9 J o 2 ! ! =o 2 nr m c' l<" lr l2 I>tr I o ,2 t,t, t fi 9d ttl x { ao 2 o ? =o z 3 t 3 o I|t n Et{ I t !:,, o:t(m;r\I\\ l\\- (Nl( lN- tR!N rl tsi -\i lS( ci {l c)\ -t N) (9 I n e 3 2 I e. iNr I ?5 south fiontsge road Y.ll, colorado 81657 {303) 479-2138 or 479-2\39 offlce of communlty devclopmcnl BUILDING PERI'IIT ISSUANCE TII4E FMNE If this permr'.t requires a Town of Vail Fire Department Approval , Engineer''s (,Public Works) reyiew and approval , a Planning Department review or Health Department review, and a review by the Building Department, the estimated time for a total review may take as long as three weeks. All conrnercial (large or sma'll) and all multi-family permits will have to follow the above mentioned maximum requirements. Residential and small projects should take a lesser amount of time. However, if residential or smaller projects impact the various above mentioned departments with regard to necessary review, these projects may also take the three week period. Every attempt will be made by this department to expedite this permit as s,qon as possibl e. I, the undersigned, understand the p1 an check procedure and time frame. Communi ty Development Department. t i t' .. t .rt 75 eouth lronlage toad vail. colorado 81657 (303) 479-2I38 or 479-2139 TO: FROM: DATE: SUBJECT: oftlce of communlly development ALL CONTRACTORS CT'RRENTLYL REGTSTERED WITH THE TOWN OF VAIL TOWN OF VAIL PUBLIC WORKS/COMMUNITy DEVELOPMENT MARCH 16, 1988 CONSTRUCTION PARKING & MATERIAL STORAGE In summary, Ordinance No. 6 states that it is unlawful for any person to litter, track or deposit any soil , rock, sand, debris or material , including trash dumpsters, portable toilets and worknen vehicles upon any street, sidewalk, alley or public place or any portion thereof. The right-of-way on all Town of Vail streets and roads is approxirnately 5 ft. off pavement.This ordinance will be strictly enforced by the Town of VaiI Public Works Departrnent. Persons found violating this ordinance will be given a 24 hour written notice to remove said material .fn the event the person so notified does not comply with the notice withi-n the 24 hour tirne specified, the Public Works Department will remove said naterial at the expense of person notified. The provisions of this ordinance shall not be applicable to construction, naintenance or repair projects of any street or al1ey or any utilities in the right-a-way. To review Ordinance No. 6 in full, please stop by the Town of VaiL Building Department to obtain a copy. Thank you for your cooperation on this matter. Read and ac owledged onlRe1at contractor, owner) Project Application Dale /o'j'?( Proiect Name: Project Descrip tion: /\ CotIPif ctf erlrgrrdrRl- Fhofi e owner. Address and phone: T,,"pt-9,ttz- G-l-- ' '""t rt'-- Ate-< , Legal Description: Lot 497 E. /;*../,-*J C )-/"Com ments: !'/'1,: ti Architect, Address and Phone: Design Review Board Date /o'4,?l Motion by: Seconded by: APPR OVAL D ISAPPROVAL Su mmary: /4' kt"1q, to,rnffi /o'4' q r fr,",, Approval I '01\LA1Iq z€9tB operotof, spre^lpl 666 ro8 0d .. r red au lap0uJau u0rllnilsuoS MeN,, '3Nr'SHOICVUT-NOC Addlu 9r\oltv'2t)t40lA 11\11 l1 clrllll 1rdldfl olYaa1a" ' ,1 lv/\ +tAn In nAoena? 4aaI 7V>, /- /'aa - A', J 557L - 7L,b -./ . / .r'o €97274. \^(NV(l tl | ./ -*- lb-l-ol ?e ov=^,o$1frd'I o') *N1V dt-tv 921:lt1tYJ^ I tc-,|= rl/1 gaLy2tcnt znldvfi9 zlI?N T/ul . rll r - -:---Y*;;Lfu"{ fr ill3lir*r l-o 'Ato'aa <.cra ,g:,p,nxffi lfi #il-+l ffiM*n'?i#affi*{ia^f:J:r,ffij|tl"4r'#ll I 24tE tILfle f(v4ts waon I H LrL-=-*--L---:-l!-----]Lrr )/Sra*a^'_ E tt I ""'i|H #il l,42\al/4fr 1 TrrtrxZ ^oofl ?r ilHl il ir ir l,,i t,, r+,v,,?d ot'eatadnv,.e-+l il ll ll ll lt i V ' :ar>nrda, qitLc^\a - U I--]L_____1*_______ll_-_ ___JL-J | | -ft=oo.oozrnr _|n r+ vHtffi H FtF_- l--- lf - - i-ff _ il_ 611o2,t1,]Vn,i, fr#=-m,-*'f=fi,f I - dtl-&t0floL z ,"*\*a,rvt?,t,%-TH- ll ll ll llll Y,, {t; il tfL___]L__llll r, :^firzno. '" ,- 1 v (v1v74r12r'1A"Arc*ffi ffir I t {rvr1 r.'*niilori HHrtn--#rr r I KXftn?"#'i';sffi li ll _lt----+l I ffiiiffi ll i,' J - ,/l ./Tl J ""9'g grrrcrr n il l.t-s lx ? '[ ''" 1!slx3 't, 'l )) ATTBTTIOT:xrKE lroLLr(D DRB IPPLTCIIION - TOWN OF \TAIL' (FoR STAFT REVIEI| AtrD APPRO .DATE APPLICATION RECEIVED : o.revised 9/4/9L COIORADO vlr. ) N/A T DATE OF DRB MEETING:I{/a- **t*****ri TEIS APPL,ICAIION IfILL NOT BE ACCEPTED IINTIL tI,I. REQUIRED IIIfORI|ATION IS SIIBI'IITTED ********** PROJECT ]NFORMATION: A.DESCRIPTION: TEI.ADDII{G OF FRAHE AtrI} IlIf,DOTT TO E TIITNG TIINDOII I|ALL OII TEE NORTE AITD SOUTE SIDES OT (4) BRIDGES' AND THE RE}IOVAL OF BXISTING I{OOD RAILING.ALL NBIJ IIAIERIALS UATCH EXISTING IN TXIUNM TYPE OF REVIEW: New construction ($200.00) Addition ($50.00) x Minor Alteration ($20.00) conceptual Review (90) D. ADDRESS:452 EAST LIONSEBAD c LEGAL DESCRIPTION:Lot L Block LIONSEEAD I ST FILIT{G Subdivision vArL E. ZONING: a meets and bounds legal on a separate sheet and N/A F. LOT AREA: ff required, aPPlicant stamped survey showing lot area. NAME OF APPLICANT: NA}4E OF APPLICANT'S REPRESENTATIVE: RIPPY CONTRACTORS. INC. Mailins Address. e.o. nox ssg snEttp;s.. cB;a:Blfi1 If property is described by descriptionr Please Provide attach to this aPPlication. Mailing Address : 757 s . LIo[SnnAD CIR. yAIL, co. I | 657 pnonil=4-rcE96-_ J. K Condominiuln Approval if applicable. DRB FEE: DRB fees, as shown above, are to be paid al the tine of submittal of DRB application. Later, when applying for a building permit, please identify the atluiat6 valuation of ihe proposal . The Town of Vail will adjust the fee according to the table below, to ensure Ehe correct fee is Paid. NAME OF OWNERS: )*SIGNATT'RE (S) : \-- Mailing A$dress: FEE SCHEDULE: VALUATION s o - $ 1o,ooo $10,ooL-$ 50,ooo $ 50,001 - $ l.50r ooo $150,001 - $ 50o,0oo $500,001 - $1,000,000 $ Over $1'000'000 Phone FEE PAID: S FEE $ 20.00 $ s0.00 sr.00.00 $200.00 $400.00 $s00.00 * DESIGN REIXIE}T BOJARD TPPROVAI. EXPIRES ONE YEAR AI'TER FIT{AJ.. APPRO\IAL I'NI.ESS } BUILDING PERMIT IS ISSOED ]|lID CONSTRUCTION IS STARTED. *TNO APPLICAIION T|ILI. BE PROCESSED I{ITEOUT OI{NER, S SIGNATIIRE must provide a current TREE TOPS CONDO ASSOC. .r rro o - VAIL HOME RENTALS 143 E. Meadow Drive - Suite N90 Vail, Colorado 81657 (303) 476-2221 I -^--Irl b/ut :1n October 3, I991 Desi.gn Review Board I OWN OI VAAI Vai1, Colorado 81657 To lihom It I'tay Concern: The Treetops Board of Directors have requested of the management and resident manager to upgrade the bridges between Treetops I and Treetops II. I have enclosed the portion of the minutes from the Treetops Association annual meeting of December 28, I99O that relate to the bridge improvernents. Marvel Barnes Vail Home Rentals Agent for: Treetops Condoninium Association 450 East Lionshead Circle Vail , Colorado 81657 :he :he rdd Sincerely, ir FIL E COPY PLANNING AND E}WIRONMENTAL COMMISSION August 26,l99l o I Present Chuck Crist Diana Donovan Connie Knight Kathy Langenwalter Jim Shearer Gena Whinen Absent Ludwig Kurz Staff Kristan Pritz Mike Mollica Larry Eskwith, Town Atorney Amber Blecker The public hearing was called to order rt 3:25 by Chairperson Diana Donovan. Ludwig Kurz was prcsent to relate his opinion on item I to Diana, then left before the formal hearing. L An aooeal of a staff decision conceming a densitv variance granted to Trcetoos Condominiums. I-ot 6. Block l. Vail Lionshead First Filins/452 East Lionshead Circle. Appellant Treetops Condominium Association Staff: Mike Mollica Mike Mollica rclated the background of this appeal. Larry Eskwith, Town Attorney, clarified that whether or not a DRB approval had been given did not relate to the variance approval. Martin Shore, attorney for the Trcetops Condominium Association, said it was his understanding the variance was for goss squarc footage, and that 10 balconies had been approved in 1987. At this time, 7 of the original l0 units' owners had placed money into a fund for the construction. The Association was trying to finance the other three enclosures. If that was not possible, they might rEquest a change to allow them to only build the 7 enclosurcs. Larry clarified that if this appeal was successful, it was questionable whether the variance approval for l0 balcony enclosures would cover this application since it had been changed. Bill Pierce, architect for the appellants, said that they werc still requesting the original l0 balconies - that this was the san,': variance request. Diana Donovan rsiterated this appeal was for the 1987 variance, and there were no changes proposed to that approval. Mike continued his explanation of the request, stating staff believed the variance had lapsed, and rcad Section 18.62.080 of the Town's municipal code. He said staff did not believe that landscaping was a condition of approval for the variance request, but was a part of the exterior alteration approval. Thcreforc, construction had not been started within the one-year time limit on the variance approval. He said no funds had been expended for construction of the decks or balconies. a Diana asked if there had been DRB approval of the proposal since June l, 1987. Mike said that an application had been submitted in March, 1991, which had triggered staffs interpretation regarding the variance. Kathy langenwalter said she remembercd seeing a DRB application for the balconies in 1987 while she was on the DRB, but that it may have been a conceptual review at that point. Mike said staff could find no record of any application, but also stated that even if the DRB had approved the proposal in 1987, that approval would have lapsed as well. Mar:tin Shorc said that the law was not the issue in this case, but it was a question of cquity. He said there wcrc mistakes on both sides, with the code sBting staff "shall issue a variance permit," but staff had never done so. He believed the permit should havc been issued if the code stated it was necessary. If that permit had been issued, and contained the language that construction "must commence within one year," therc would not be this appeal. He said that the Association had done part of the construction associated with thc rtquest each year. Regarding whether the landscaping improvements werE part of the original approval, he referred to a letter from Kristan Pritz stating that the site improvements were an imponant part of the PEC's decision to approve the variance, and that it was important for the general site improvements to be incorporated into the plan. The Association believed those improvements werc part of the approval. Mr. Shore indicated the Town should consider this appeal as precedent setting, but said that denying the appeal would be a dangerous precedent, in that the Association had already spent a considerable sum of money, but were not going to be able to complete the pmject. He also said that wben they took out the building permits each year, there was no discussion of an expiration of the variance. Carlos Phillips, Vice-President of the C-ondominium Association, and Board Member, said he owned three units in Treetops, including 2 in one of the stacks to be enclosed. He said he believed the Association had been a good citizen of Vail. Hc remembered that the Association had autborized the variance application in 1986, prior to the application being made. He believed the Association had completed the necessary conditions of approval and that the variance should still be valid. Gary Klein, a Board Member, submitted letters in support of the variance. He was an original owner at Treetops, and had found the ground-level patio to be basically unusable. He was not on the Board when the approval was original granted, but had been in favor of ths application. He said there had been great disagreement within the Association about the construction, but now the majority supported the project. Gena Whitten left the meeting at 4:fi)PM. Mr. Klein continued by stating the Association had made the requested landscaping improvements to the grounds, and they wanted to complete the project by enclosing the balconies. I , ?Larry Eskwith asked if the Association realized that a variance was grantcd in June, 1987. Gary rcplied that yes, they were aware of that Larry then asked why no building permit had been applied for. Gary said there had been a battle within thc Association at one mceting, cr€ating bad feelings betrreen members. They proposed phasing the project, and werc able to get a majority of the mcmbers in favor of that solution. Gary said the disagrecments sometimes werc bitter. Larry questioncd if thse was a misundcnunding drat a variance had bcen granted. Gary said there was no question in his min4 but perhaps ther€ had been in the minds of othen. Bill Pierce said it was his understanding the variance was conditioned upon landscaping, a change in the ronrf pirch, changes to the facia, balconies, overbangs and siding, and thu thcre were substantial changes necessary in Phase I o rnakc it appear like Phase II, the arca whcre the variance was g1anted. He said the Association had actcd in good faith, spending approximately $450,000 for the changes required as conditions of approval. Evcn though staff now contended that the improvements werc not conditions of approval, the minutes of the meeting where the variance was approved, as well as letters from staff subsequent to that meeting, said the improvements wer€ part and parcel of the approval, and welE not insignificant. He reminded the Commissioners that a condominium association never agreed 100% with anything, and that it was usually difficult to get any consensus, but that they had received majority suppo4 and funds had been allocated to proceed with the project in phases. He did not think that the intemal politics of the Association should affect thc appeal, refening to the minutes of the Association's meeting regarding the improvements. Therc had bccn approval to pursue the variance originally, and after it was granted, funds had been expcndcd to satisfy the requirements of that variancc. Thc fact that a "variance permit" had not bcen issued was a technicality, but it was also a technicality that the balconies wcrc not constructed first; thcrc were improvements made every year since the variance was approved. Kathy Langenwalter asked what had occurred at the DRB level. Kristan Pritz replied there was a letter in the file fr,om Linda Averich, of the Treetops C.ondominium Association, which approved pursuing the variance in 1987. Sincc 1987, there had been approval to re-roof the property in September, 198?, for exterior rcnovations in August, 1988, along with other approvals. In Phase I (not the building for which the variance applicd), thcrc had bccn changes made to the planten, stucco, gutters, landscaping, the removal of the horizontal deck railing, and new deck railing was installed. In Phase 2, two doors had been insalle4 wood awnings were remove4 there was stucco applie4 the wood balcony rails wcre removed and rrepaired- In August, 1988, drainage changes were made. In 1989, a PVC conduit was replaced, and in 1989-90, minor repairs were performed. Kristan asked if she had misscd any changes. Bill Pierce said the dumpster had been enclose4 and the driveways rcbuilt. Kristan clarified that those changes did not requirc building permits. Bill pointcd out that they had been conditions of approval for the variance, and were one part of the continuing program of improvements. t t Mike reiterated that there werE no conditions of approval on the variance, but the conditions refenr;| 19 had been for the exterior alteration approval, and noted that exterior alteration approvals did not expirc. Mr. Shore said the owners had believed there were conditions on thi variance approval, and stated that the Town had never informed them that the approval expired if not begun within one year. Connie Knight questioned the Association's minutes where there was discussion to r€move the balconies from the other improvements. She could not see where the two itcms werc linked in the Condominium Association's meeting minutes. Mr. Shore pointcd out wherE the two were linked in the discussions- After a discussion of various facto'rs of the Association minutes, C-onnie commented that it looked like the Association viewed the site improvements as normal condominium expenses, not a condition to satisfy any TOV requirement. Krisun said it looked to her like the Association was not guamnteeing that the balconies would be consmrcte( and were doing the other improvemcnts because they necded to be done, not because they were a variance condition. Diana said that the Association may not have known the correct words to use in their minutes. Mr. Stone referred to page 9 of the Associauon minutes, where phases to the project were discussed. Jim Shearer asked if the appeal were granted, could the Association penuade the other three owneni to also enclose their balconies? Carlos Phillips said there was one owner in Stack C who was opposed. Jim also asked how a new expiration date would be established if the appeal were granted. Diana questioned the definition of the term "diligently pursued." Madn Shore did not believe it was reasonable to expect a license in perpetuity, and asked that a date be set at this hearing. He also said the question of how many units would actually construct the balconies was an Association issue, and did not apply to the question of the variance. Diana said that all needed to be constructed, or the PEC approval did not apply. Kristan stated that the approval only applied to the enclosures originally proposed, but if they wer€ constructed in the original area of approval, not all l0 would need to be constructed at once, pending DRB approval. Jim asked if the verbiage on the variance permit said "diligently pursued." Krisan replied that no variance permit was issued by the C.ommunity Development D€partment, and that it is a problem in the code. Jim asked if it is ever spelled out to recipients of variances, or if they are notified in some way. Kristan said the only place it is addressed is in Section 18.62.080 of the Code. Chuck Crist asked what would happen if 9 of the l0 originally approvcd units constnrcted the balcony cnclosures. Kristan said they could build if an active variance was in effect and the DRB approved the design. If the variance then expired, the 10th balcony enclosure could not be buili without a new variance request. Chuck asked, then, if 5 could be constnrcted, and 5 not. Kristan and Mike both replied that could happen, as was outlined in Kristan's June 29, 1987 letter to Tom Briner. However, if a building permit were taken out to construct all l0 I units, and only 5 werc constnrctcd (or any number less than l0), no final Ccrtificate of Occupancy would be issued. If only 5 unis were given a building permit, then it would be acceptable. chuck asked the appellants why they did not re-apply fm a variance. Diana said it was a money issuc, and ilitl Piet"" continued that it was also an issue of time, and that there was no guarantee they would receive it. Gena Whinen r€turned to the meeting at 4:50PM. Diana commen6d that this was a very confusing issue, and related that Ludwig Kurz had asked her to exprcss his opinion upholding staffs decision. She said she was not sure what to do, since rtrff naO not intirely iollowed the codc with rcspect to the issue of notifying the applicant of thc one ycar time limir Her rccollection was that the variancc would not have been approvcd without the improvements being made, but that perhaps the Commission had erred in not specifically stating they were conditions of approval' Kristan stated that the suff felt they had to take the position that the variance had expired because of the one year time limit. However, she expressed staffs willingness to see a comprornise rcached through the PEC review of the issue. Perhaps a one year extension from the date of this hcaring could be allowed. The Commission asked for an executive session to confer with the Town Attomey at 4:55PM. The meeting was called back into order at 5:l5PM. Kathy Langenwalter moved to uphold the staff's decision conceming a density variance granted to lt""topt Condominiums, l-t 6, Block l, Vail Lionshead First Filing/452 East Lionshead Circle, stating that the one-year time limit for the variance had lapsed' per Section 18.62.080 of the Municipl CoAe of the Town of Vail. It was further stated that it had been the policy of the Town of V"it that no variance permit was issued when a variance was granted, and that the one-year time limit began when the Planning Commission voted to ipprou" the variance, unliss the decision were called up by the Towr Council for review. In thit case, the time would start when the Council upheld the PEC's decision. The motion was seconded by Chuck Gist. It was approved 4-2, with Jim Shearer and Diana Donovan opposed. Jim stated he agreed with the principle of the staff s decision, but believed that a permit should bc issued when a variance was granted. Diana said her opposition to the motion was based on the fact that this was a very gey matter, and she believed the conditions had been met. Kathy Langcnwalter added that she believed the appellants weIB aware they had a variance uip-n"A in 1987, and that a specific variance permit was not needed to inform them of that fact. 9.26,q / I I F-..__.--IPEC I l----1 fa4/4n4 -...----.-7....-' MEMORANDUM PRTVILEGED AND CONFIDENTIAL TO: PI,ANNING AND ENVIRONMENTAL COMMISSION FR: Larry Eskwith DA: August 21, 1991 RE: Appeal of a Stalf decision concerning a density variance granted to Treetops Condominiums I. FACTS On June 1, 1987, the Planning and Environmental Commission (PEC) of the Town of Vail voted unanimously to approve a density variance and an exterior alteration in order to enclose eieht (8) balconies and two (2) decks at the Tleetops Condominiums. The approval of the PEC was called up by the Town Council, and was reviewed on June 16, 1987, At the hearing, the Town Council upheld the PEC decision by a 4-1 vote, making the decision to grant the variance final on January 16, 1987. No action was taken by the Tleetops Condominium Association in furtherance of their variance after it became final. No Design Review Board (DRB) application was filed for the approval of any plans to enclose eight (8) balconies and two (2) decks as permitted by the variance, and no building permit was ever applied for or obtained. On April 11, 1991, Tleetops Condominiums hled a DRB application in ordeq_to obtain a DRB approval for the enclosure of the ten balconies which were approy the jgranting of the variance in 1987. The Town Stalf has taken the position that th . bhich was sranted on June 1, 1987and made final 6i-ght (8) bal-lconies anil-Til6-lEj-Eecks at Treerops on June 16, 1987 for the encloBET Condominiums project has expired, and therefore their application to the DRB was disallowed. The StaIT based its decision upon Section 18.62.080 which provides a variance permit "ehall lapse if construction is not commenced within one (1) year of the date of issuance and diligently pursued to completion". Obviously, almost four (4) years have passed between the issuance of the variance to the Treetops Condominium Association and its application to the DRB. II. ISSUE As the varience which was issued to the Tleetops Qqndeminirrm Association in June of 1987 expired, requiring Tleetops to obtain a new variance ifit wishes to proceed with the construction of the balcony enclosures. III. DISCUSSION The case law in Colorado is silent on this issue. But case law in other states makes it clear that it is not improper for a zoning commission to require a new application for the failure of an applicant to commence construction of a variance within a specific period. Ra-sey Associates, Inc., Bd. ofAdjustment 290 A 2nd 448 (7972); Alderdell Co. v. Delorenzo 534 NYS 2nd 698 (1988 2nd Dept.; Kolt v. Zonine Board of Appeals 553 I{YS 2d 24 (1990 App. Div., 2d Dept.). It is apparently the applicant's argument that because they have made certain landscaping, sidewalk, drainage improvement, and repairs on the structure, that they have somehow obtained a vested interested in the variance that can not be taken away even though they have not commenced construction on the variance within the one (1) year time limitation. Ibis seems to be a totally fallacious argument. The variance did not set forth specific conditions which had to be met by the Association, and even if it did, simply proceeding with certain repairs or landscapi-ug inprovements would not cause the interest in the variance to vest. The applicant has had almest four (4) years within which to commence construction on the variance. fbis is not a situation where the one (1) year deadline was missed by a matter of days or months. It seems to me that the decision of the planning stalf at the applicant's should be required to obtain a new variance before proceeding on to the DRB is both legal and equitable. Another issue which has been argued to me by the applicant, and which may be argued to the PEC is that because no "varipnce permit" was ever issued by the Zoning Administrator, the one (1) year period of time to commence construction has not gtarted to run. However, in the applicant's letter to me of April 10, 1991, he states, "Our review of the department's fi.le on the Tleetops project indicates that the Zoning Administrator never issued a written variance permit a subsequent to the Town Council's appointment of the commiseion's grant of the density variance as required by the above ordinance (Section 18.62.080). Howevel, w€ are advised that it is not unusual for the Zoning Ad m inistrator to not issue a written variance permit, and we presume that this omission has no substantive effect on the validity of the variance." I would aigue that the applicant's presumption, as stated in this paragraph, is conect, It is not customarSr for the PEC or the CDD to issue a specific permit after a variance has been granted by the PEC. It is also clear that the applicant never expected to receive a permit and it has never requested one. I do not believe the applicant can have it both ways. If indeed no permit was issued, then he was never given a valid variance. On the other hand, if a permit was issued then the one year time period has run. In my opinion, it is not essential that an actual permit be issued by ihe CDD after a variance is granted. Customarily this has never been done, and applicant's are permitted to go forward with their application to the DRB immediately after the variance hae been granted. rV. CONCLUSION In summar5r, it is my opinion that the Town Stalf was correct in the determination that the variance which was granted to Treetops in 1987 has expired because construction ofthe variance was not commenced within one (1) year of the date of issuance. I do not believe that there is any Iegal validity in the applicantis position that by doing certain landscaping and making certain repairs on their property that they have somehow obtained a vested right to the variance that lasts in perpetuity. They have waited four (4) years from the date the variance was granted without commencing construction, and they should be required to go back through the variance process if they wish to go forward the variance at this time. The applicant's argument that be-cause no written permit was issued so therefore the period of limitation never began to run is equally flawed. The applicant knew a variance had been granted, and the variance was granted in the same way that all variances have been granted by the Town of Vail. The applicant, in its own letter to me of April 10, has admitted as much, Lawrence A. Eskwith Town Attorney LAE/dd C:\TREEIIOPS,MBM I.,tr. Michael J. Mollica Department of Community Development Town of Vail 75 South Frontage Road VaiI, Colorado 81657 Re: Treetops Balcony Enclosures June 1, 1987 Variance Dear Mr. Mollica: Enclosed is an Affidavit by Jerry D. Ladd who was fornerly president, secretary and a director of the TreetoPs Condominium Association. He is most familiar with the Treetops balcony enclosure problems and I reguest that this be made part of the file for the hearing before your Planning Commission now scheduled for August 26, L99L. I believe Larry Eskwith would also be interested in reviewing this affidavit. Jerry Ladd and I particularly object to the method which the proponents are seeking to use in order to obtain permission to enclose the balconies. The proposal to enclose balconies which was approved by the membership in December of 1,990 is radically different from the proposal for which the variance was granted by the Commission on June 1, L987. The ner,e proposal should stand or fall on its own merits and should be subject to full review by your staff and the current Planning Cornmission not only to determine whether the increase in the gross residential floor area is appropriate but also whether the synmetry and alpine design of Treetops would be upset by the new proposal . A picture of the Treetops II building as it presently looks is enclosed which should also be made part of the record. I wiII be interested in hearing the outcome of the meeting on August 26. Sincerely, MACKINToSH BRowN P.C, ATToRNEY AT LAw TWO tJNtTEo BANK CENTER l7@ BRoAowaY, SurrE 1 5O5 OENVER, CoLoRAoo 8O29O August 15, 1991 RFf'D AU61 I 1s91 TELEPHoNE (3O3) 894OSOO FAX (303) 8398262 ,-fu4;ta MB:ms Enclosure MACKINTOSH BRO 1ti91 --lrt<t{o6,, Jl a[ fer o t, Ate. /o /cotr)1r a4 fn.y'o., T u-' ri s y'a /la fr otr i^ /ftf t of Na) "uo /cr/ Iree*cfs JL , Itt l',- ,"i / i?' lb ro;/ty, l.rrtt\ \. AFFIDAVIT CONCERNING TREETOPS BAICONY ENCLOSURES STATE OF COLORADO CITY AND COUNTY OF DENVER ss. Jerry D. Ladd, being of lawful age and duly sworn uPon oath, deposes and states as follows: 1. I was elected and served as a director of the Treetops Condominiun Association of Vail, Colorado ("Associationn) from December 30, 1987 to December 28, 1990. I also served as secretary of the Association from December 30, 1987 to approximately July 15, L98B and then as president from that date until December 29' 1989- 2. On ilune 1, L987, the Vail Planning and Environmental commissiol ( "Q6mmission" ) approved a variance for the enclosure of eight balconies and two ground floor decks for the Treetops II building. These balconies and decks are lj-mited common elements owned by the Association and are appurtenant to Condominium Units numbered l-c to 5-C and l-E to 5-E (the "C Stack and E Stack" respectively). The schematic drawing for these proposed enclosures which was prepared by Tom Briner, AIA, is attached hereto as Exhibit A. The application for this variance was not authorized or approved by the members of the Association. 3. Under the recorded Condominium Declaration for the Association ("Declaration"), it is provided in paragraph 16(b) that "there shall be no additions, alterations or improvements of or to the general and limited common elements of the Association requiring assessment in excess of $120.00 per unit for any one calendar year without prior approval of a majority of the owners." Paragraph 18 of the Declaration provides that the "Declaration sha1l not be amended unless the owners representing an aggregate ownership interest of 608 or more of the general common elements and 60t of the holders of recorded first mortgages or deeds of trust consent and agree to such amendment by instruments duly recorded; provided, however, that the undivided interests of the general cornmon elements appurtenant to each unit shall have a permanent character and shall not be altered without the consent of all of the unit owners and all of the holders of any recorded fr6Ttgage or deed of trust aE-Expressed in an amended declaration duly recorded.'r The enclosures of balconies and decks in Tree- tops II which were contemplated in the June 1t L9g7 variance and the amendment of the Declaration to recognize such enclosures were never approved by the members of the Association or by their mo!tgagees. 4. Attached as Exhibit B is a true copy of the Minutes of the Special tleeting of Members of the Association held July 28, 1"987 which I attended. At that meeting, Linda Averch, who was then the president of the Association, stated that the Board of Directors of the Association did not realize that the owners of the C Stack in Treetops II were not interested in having their balconies enclosed, even though the variance for this change had been approved by the Commission on June lt L987 (see pages 4 and 6 of Exhibit A). 5. In lvlarch of 1988 the Board of Directors submitted to a vote of the mernbers eleven seParate items for making repairs, improvements and rennovations for the two Treetops buildings. The enclosures of the balconies on Units 2-8, 3-8, 4-E and 5-E was defeated. The results of that balloting are attached hereto as Exhibit C. Subsequent to this vote by the members of the Association, substantial improvements were made by the Association on both Treetops buildings. None of these improvernents was made in reliance upon the variance granted by the Commission on June 1, L987, since the enclosures were rejected by the members. Included among these improvements \tas the installation of new railings on the balconies of Units C-2 to C-5 and E-2 to E-5, at an estimated cost of $15r000. The installation of these railings is totally inconsistent with the taking of any action to enclose the balconies because these railings will have to be torn out if any balconies in Treetops II are to be enclosed. 6. Subsequent to the Commission granting the variance on June 1, t987, the Association expended littIe or no money for the enclosure of any of the balconies or ground floor decks in Treetops II because the Board of Directors soon after that date discovered that the owners of the C Stack i-n Treetops II were not interested in having their balconj.es enclosed, and the enclosure of bal-conies in the E Stack was rejected by the 1988 vote of the membership. White I was president and secretary of the Association from December 30, L987 through December 29, 1989, no funds were expended by the Association in reliance upon the variance for the purpose of enclosing any balconies or decks in TreetoPs fI. 7. The Association did not apply for any building or variance permit to enclose any balcony or deck in Treetops II because the Board of Directors knew that the members of the Association had rejected such enclosures. 8. On December 28, 1990, a majority of the members of the Association approved by a 62.86 vote a Proposal to enclose the balconies on Units E-2 to E-5 and the decks in Units C-1' D-1 and E-l provided that all costs of the improvements' including architectural, engineering and legal expensesr are to be paid for only by the owners of the seven condominium units appurtenant to those balconies and decks. A copy of the 1991 proposed balcony and -2- deck enclosures is attached hereto as Exhibit proposal is substantially different than the approved by the Commission on June 1, of 1987 D. This enclosure proposal which was in that Units C-2 to is included.c-5 are not incluae)lN--the deck of unit D-l | .i \ | -Dated this i{rt day of auguder 1991. this The fgregoing Affidavit was subscr\&d /{u'- day of August, 1991 by Jerry and sworn to before me D. Ladd. Witness my hand and official seal. ffir Irly comnissio:r MARYA. STORIE -3- 5 n o \I ul €tr n HZ Fto ttt tn F t!l ri'i.N \ s G 7ro o v $r l+ tR'trs l. i"' lH I HJfr H Q'fr i/n \1 {F\rN wl r r) \A ir o T trt {z I *' -9- : : t't trl :{ f5 t \ f\ I F, F 't{ H z rr \ a J ll FxLiLir MINUTES 8,, TREETOPS CONDOI'{INIUM ASSOCIATION BOARD }4EETING JuIy 25, 1987 This meeting was called to order by President Linda Averch on July 25, 1987, at 4:45 P.M., at the residence of Vern and Linda Averch. This f irst order of business r1'as ro11 call and certification of proxies as follows. Those present were as follows: 2A Ladd 3A Brooks ProxY - Chris Cronin 4A Peterson ProxY - Marvel Barnes 5A zunzunegui Proxy - Linda Averch 6A Dow Proxy - Linda Averch 7A Beirnes ProxY - Mac Brown 1B l"lcDonald Proxy - Linda Averch 28 Dominick ProxY - l4ac Brown 38 Brooks Proxy '- Chris Cronin 48 Hurnphrey Proxy - Marvel Barnes 58 Gibson ProxY - Mac Brown 68/78 Giesemann lC Klein 2C Brown 3C Smith ProxY - Mac Brown 4C Jackson 3D Quick Mart 4D National Enterprises 5D Zimmer ProxY - Linda Averch lE Deifik Proxy - Mac Brown 2E Banos ProxY - Linda Averch 3E Phillips 4E Phillips 5E Averch Proof of Notice of Meeting or Waiver of Notice was read by Linda Averch. Her opening statement addressed the proposed upgrades of Treetops I and If and then she introduced the following persons: Tom Briner - Briner & Scott Architects Martin Shore - Attorney for the Treetops Association Dale Pflieger - Accountant for the Association Mr. Juergen Geisemann - Board Member Linda Averch - Board Member -t- Presidentrs Opening Statement: On behalf of the Board we are here today to present to the owners of Treetops a proposal of upgrades to the building. The packet you received hras a preliminary package that was put together due to the fact that there was expressed concern by some of the owners that the Board was exceeding their authority and guidelines expressed at the annual meeting in January I987 of this year. Property Improvements Linda stated that the following improvements need to be made to the Treetops property: 1. A light needs to be installed over the door that leads to the Resident Managerrs office.2. Ivlinor boiler repairs need to 3. The driveway needs to deterioration of the asphalt.4. The valves in the lawn sprinkler need repair.5. The chimney flues need to be recapped...if the wind catches them in a certain way, it causes smoke to back up in units.6. The front wall of the planter at the entrance to the Treetops I building needs repair.7. The roofs on the trash entrance and the main entrance need repair.8. Painting and touch-up where needed, particularly in the interior halls, and on the front door of each unit.9. A rubber link mat needs to be installed in the lower entrance to the Resident Managers' office and the garage, and on the bridge...these areas become very slippery.10. The carpeting, which is about five years o1d. needs to be replaced. The present carpeting, which was glued down, could serve as padding for new carpeting.11. The present wood on the buildings needs regular painting, as a preservative measure. The wood around the windows is in poor shape, and needs to be updated.12. The balconies could not pass the Town Code presently,due to the large openings bethreen the wood railings...the balconies need to be upgraded to a better material, with a more enclosed effect. The following suggestions were made by those present, relative to the proposed improvements: 1. That entrance doors to individual units might be painted a different color, or a possible change of the door itself.David Rioux rerninded those present that if new doors were installedr they would have to meet Fire Code requirements. be done in Treetops II. be sealed, to prevent -2- 2. That the new carpeting be similar in quality to the new carpeting in the Mid-Vail Restaurant. 3. Bernie and tynn Weiss asked about the possibility of enclosing their balcony, to give a "greenhouse" effect. Linda responded that ten Treetops horneowners have collectively approached the Town of Vail about enclosing their balconies,and that the project is "on hol-d" until a decision is made by the Town regarding similar proposals from other lodges and condominium pro jects There are several expansron proposalq receive thei-r [rovaI,Treeto own an or a varrance ten balconies Linda stated that the Town will not expansion enclosure in an area attached to fire escape, general cornmon areas, etc. Any to expand or enclose a balcony must submit Treetops Board for approval. 4. The suggestion was made that a glass in the front entryway. with a special Iock, to of privacy. approve a balcony or affected by a homeowner wishing a drawj-ng to the door be installed create the feeling 5. Gary Klein stated that dogs have become a problem in the lawn area, due to its proximity to the bike path, and requested that consj-derati-on be given to installing a fence around the 1awn. It was agreed by those present that the idea should be pursued. With a Motion given by Vern Averch and seconded by Lynn welss, it was unanimous lv: RESOLVED: That .---------------:-environs be pursued above and any new final presentation consideration cost and will be approved refurbishing of the Treetops buildings and with al1 ideas, includins the ideas outlined ideas, to -be taken into consideration. The of possible upgrades will take into factors, Town approval procedures. etc. ,bv the Board of Directors. The importance of aIl changes to the buildings and environs being coordinated, for a feeling of consistency and uniformity,was stressed. It was agreed that an architect should be hired to coordinate the project...preferably a 1ocal architect experienced in dealing with the Town. It was agreed that Tom Briner, Gordon Pierce and Craig Snowdon will be contacted regarding a possible interest in the project. In response to this charge we deemed it most economical to first present the concepts to the Town Staff, Planning Commission,D.R.B. and The Town Council. After numerous meetings and conversations at a mere cost of S100.00 to the Association al1 -3- of the renovation ideas, old and new The next step is to prepare and present for these items. Tom Briner is now proposal to you. have received approval.to you a proposed budget prepared to present this Architect Tom Briner was called upon to Present the proposed upgrades and show his ideas in sketch form. He suggested that Buildings I and II would relate better as a single project and listed the following: z. ? 4. Develop Dew entry to Building I (which will also serve Building II ).Corridors in II shouLd be brightened,/cleaned up. Graphics program. Stair enclosures (i.e., lighting' entrance to II' etc.) Enclose decks/balconies in Building II (4 balconies, 2E', 38, 4E and 5E). a. Improve, enhance and protect entry ( security, heat. make larger) by adding new entry and demolishing old entry. b. Building II - addition of canopy over entrance' new lighting' new entrance location facing Westr cover the metal bridge. c. Building I - fix existing railings (we may all have some liability if railings do not meet code). suggest reduc.ing space between horizontal rails, raise heigbt. Railings in rI should be improved to match Building I. d. Eliminate canopies/hoods over windows which is causing maintenance problems - replace with stucco - horizontal wood sidingl on Building I. More insulation would be provided by the replacement with stucco.e. Install fence or barrier to dogs along bike path - a hedge would be more natural and attractj-ve - must be on property 1ine, not on Town property. Potentilla was suggested for hedge.f. New entrance should incorporate great deal of landscaping starting from road to third level, and stairs to second leveI. Enclose open corridor for heat retention i temace 1ow timber retaining walls and landscape with trees; pave walkway.g. Retain pitched roof to throw snow into terraced areai canopy over bridge; perhaps pierced windows in top of staj.rwel,l.h. Change balcony railings in Building I to match Building II - more space would be availabl-e if living rooms were extended. Linda Averch stated that the Board did not realize the owners in C stack were not interested in the balcony change proposal and extended the Board's apology for any misunderstanding. Architect Briner further suggested extending the eaves L-L/2 to 2 feet to match Building I since water is presently running down the wood siding. Architect Briner addressed the projected costs stating that -4- )v he had presented these items and preliminary drawings to three contractors with whom he and his firm have worked closely and asked for very generaL budget estimates, not bids, from these contractors. These contractors are JDM, Duddy Viele, and Beck & Associates. Estimates are as follows: 1. Entry and Corridor - Building I 'includes remodeling of trash room, landscaping and fiIl, retaining wa1ls, lighting, snow removal, irrigation system' corridor doors and paint, simple security system, extending balcony railings at fourth level, painting bridges that connect Buildinqs I and II. JDl,l $100,030 Duddy Viefe 9L,747 Beck & Associates 56,85I 2. Remodeling of existing balconies JDM Duddy Viele Beck & Associates JDM Duddy Viele Beck & Associates JDI{ Duddy Viele Beck & Associates g 5,000 5, 913 139 per balcony ($4,I00 totali 3. Bridge entry - including glazed enclosure, ceiling under- neath bridge, facia, canopy, lighLing, new door, sidewalk 4. CorrLdor/Stair - caDret, paint, Iighting, pierced windorvs $ 29,790 3r,932 25, 053 s 20,456 40 ,416 r3, 628 5. Exterior - replacing windows (metal for vinyl , wood finish) 'removing canopies, new stucco, patch and repair, wood siding' insulation, extending eaves, repainting building JDM $103,751 Duddy Viele 47,404 Beck c Associates 82i075 6. Reconstruction of balcony/raLlings JDM $ 18,?00 Duddy Viele 20,389 Beck & Associates 16'I05 7. General Conditions and Fee JDM $ 65,675 Duddy Viele included in total (below) Beck 6 Associates 43'550 -5- 8. TotaIs JDM 5344,402 (high) Duddy Viele $237,701 Beck & Associates $249,263 Architect Briner suggested negotiations with the two lowest contractors with anticipated completion by Thanksgivj.ng. Linda Averch stated that this is the first time that these numbers have been presented to the Board but that the Board did instruct Briner to get a proposal for a first class job to be presented to the Board. I{ac Brown questioned Briner on the height, and safety of the railings on Building II. Briner responded that the height may be 41" and that, even though he did not personally inspect each and every one, he does not f eel- thaL they are the most stable. Code does call for 6" or less between rails or for runners or screeninq across rails. Briner stated that he presented the above as an overall project to the Planning Commission- not separating the balcony changes. - The town has approved GRFA increases when there has also been substantial effort made to improve the general appearance of a proj ect. Linda Averch stated that the Association had been gj-ven approval two years ago for the balcony enclosures and that the Board never stated to the architects that the balconies were a main factor. Mac Brown questioned whether all ten balconies would have to be changed, of lr_portion thereof . Briner responded that this is a Design Review Board this coming part of the agenda with the Wednesday. \ Linda Averch stated that the Board became a\rare at a meeting in latter June that more than one owDer was not interested in the balcony enclosures and further stated that these encl-osures are secondary to the overall project and should not become the main issue. Gary Klein questioned when/why the concept of having C stack change from enclosed patios to exterior storage ara. Briner explained that the Town has not approved deck enclosure anywhere else but there are mitigating circumstances here, i.e., there will be a large area remaining after enclosure of smaller portion - impressed upon larger outdoor usable balcony space. Mac Brown questioned the property line in relation to the building and Briner pointed out that it was from 8! at one point to 20' at another. -6- J IUac Bro\'rn questioned why a fence hras not permitted. Briner suggested that it was rejected possibly due to the view for some across the bike path. Mac Brown questioned whether the neighbors to the East are on the property line. Linda Averch repU-ed no - the retaining wa1l was on the property line and had been lowered. According to drawings, Briner was guessing that our neighbors are over the property line. Mac Brown questioned the legal aspects if balconies are enclosed: increase in taxes, need to amend condo map to increase square footage, who pays for any refurbishing or remodeling' need to amend covenants. \\i Attorney Martin Shore replied that he foresees no problems providing homeowners follow the By-Laws and Declarations. He explained that, 'in the Condominiurn Act in Colorado, ownership is based on (f) air space unit within wa1ls - you own that;(2) general conmon elements, the waIl, you do not own that only a fractional interest. Limited common elements are granted for the use of the individual owner: flues, for example; 6r.a-t-!o s are restricted to the unit; as per the Declarations patios are attached to unj,ts and cannot be divided. There is no law' however. as to whether you can or cannot enclose. If you screen patios, do you change the patio - he thinks not. If you glass the patio, do you change the patio - he thinks not. If completed as projected here, you have an enclosed common, element for your own use. The Town could decide to assess due to increased space. He has no legal opinion as to what the tax assessor wiII do but it could be assumed that there will be a raise due to increase in value. Should the map be amended? There is no case requiring such action. wbo pays? This should be worked out amongf each other (common element). The covenants cover enclosures, permit it; thereforer 1leu could proceed. He stated that there seem to be two different questions: (1) numerous improvernents, (21 patios. The Declarations state that expenditures over $120 (over approved budget) must be approved by owners excluding repair, maintenance,. replacement, or obsolescence. He feels that this is a political problem - not a 1egal problem. Gary Klein asked if this meeting was called in order to go ahead with capital expenditures or if Board voted to do it? Linda Averch answered Do and reiterated that the next step is for the Board to meet with the contractor(s), and go through each proposal one at a time. She asked owners whether to proceed in order to get exact numbers. Owners have given permission to go this far. A11 opinions are considered by the Board. Vern Averch stated that he called the Eagle County Assessor's -7- J office to see what his unit is being taxed for and was told that I,430 sq. ft., including the bal-cony, is being taxed. There would be no liability tax-rvise unless the assessor increased the value of the overall unit. Again, the balcony is already being taxed. Linda Averch passed out a letter from Bob Dorf, a real estate broker of Slifer & Company, concerning the exterior of Treetops and his concern regarding the outside presentation and impression to buyers. Linda stated that the owners are directed to go to Tom Briner or Marvel Barnes with any questions. She further stated that the main emphasis here is our overall apPearance and since our "front door" is essentially the entrance to Treetops Ir' this entrance must be attractive. The inside can be controlled by the individual, the outside cannot. Dale Pflieger, our Associations CPA, presented a history on tax- ation for the Condo Association: The Condo Association has an annual election on vshether to be taxed as a Homeowners' Association or a regular corporation. A Homeowners' Association pays tax on non-exempt income - mainly rents and interest income. Deductions against non-exempt income are expenses dj.rectly related to the production of that income in which Treetops situation is very little. Homeo',oners' Associations pay tax at a 308 rate. In a regular corporation, all revenue is considered taxable incqme. A11 expenses are considered deductions. Since Treetops has $33,000 in rental- income and $5,000 to $6,000 in interest income, it would have approximately $40'000 taxable income with no tax deductible expenses if it filed as a Homeowners' Assoc- ication. It would appear beneficial to file as a regular corpora- tion. For fiscal years 85-86, Treetops had been faced with a significant tax liability. ft was the opinion at the annual meeting to eliminate this liability designating a portion of assessments as capital assessments since capital assessments can be excluded from taxable income. Roughly $90,000 taxable income was eliminated for years 1985-86 if designating such as capital assessments. The only deductions to date for capital improvements have been for the manager's unit ($20,000) and for installation of the fire alarm ($25,000). September 30, f986 books show capital assessments, less expenditure for capital improvements of S46,000 (which is limited to capital improvements). Taxable income appeared to be a con- tinuing problem, As a solution, it was suggested at the last annual- meeting to eliminate quarterly assessment, reduce the quarterly assessment, or increase spending for capital improvements. ihe Board approved reducing the quarterly assessment, $10,000 each' for the second, third, and fourth quarters, since the first quarter had already gone out. Information from Vail Home Rentals indicates that even wittr ttre reduction, there will be taxable income problems this year, Preliminary financial information shows that Treetops cash balance is $?O,OOO, and income year to date of $30,000. This amount of taxable income would genelate a tax liability of $5'000 to $6.000 this year. could the Associaion borrow funds to complete the project? DaIe -8- Pfliegerr CPA, said yes. From an accounting standpoint you would continue to designate a certain amount of your quarterly assessmeDt of being capital assessment. That amount would go to retire the debt obligation. Gary K1ein guestioned if it made sense to spend $400,000 to save $4, 000 or $5,000. Linda Averch again stated that the Board is asking for authority to study and present more accurate plans, costs, etc. Architect Briner stated that the project could be done in phases. However, it is more economically feasible to do it all at once as opposed to being dra\^tn out since you do pay general conditions fees every time you approach a contractor for another change. Jerry Ladd asked if the Town would approve a phased plan and Briner was optimistic that they would. Ladd questioned the entrance. to Treetops f designed to fj.t between the elevator and stairwell - would there be ample room to accommodate people going up and down stairs at the same time?Briner replied that there would be room and indicated a change in the location of the stairs due to the expansi6n tanks in the boiler room - Ladd guestioned the impact on the second and third floor units from the sound of ski boots - could there be doors at the ends of the hallway and carpet instead of tile. Briner thought this a good idea. Mike Johnson questioned the safety of the bridge now. Briner stated that there is no danger now but this is not necessarily true in the winter. Mac Brown asked those present if they felt it to be unsafe. Vern Averch noted that one person has fallen while carrying a suitcase; other instances include someone sleeping in the elevator and two sleeping in the boiler room alcove. He feels that a covered bridge would eliminate the weather problem and that a security system would eliminate transients frorn entering the building. Briner noted that stairs on the bridge make it more hazardous and suggested again an enclosure, but not heated. Linda Averch pointed out a similar enclosure next to the Ralph Loren Polo shop in the Sitzmark building. Briner suggests a cover over top and sides of a lightweight material that the bridge structure will support. Jim Tierney stated that he felt safer on the bridge than on -9- o the driveway. Mac Brown suggested a light from the building wall - Briner agreed. Brown also reiterated the unsafe condition of the driveway with water running off corunercial building and freezing. Linda Averch suggested that the wal,kway from the garage to Treetops II should have a protective cover to r+aIk oD across the driveway and stated that the Board has proposed an enclosure due to close calls in the past. Brown asked if a bank or lender had been approached regarding the possibility of financing an entire package. Would a signature loan be sufficient without security, or what security would they require? Linda Averch replied that there are not yet any figures to present to a bank. She has talked to a president of a bank about the g,eneral idea. The attorney and CPA would have to be consulted about requirements and possible coLlateral. There has been -no corunitment from the Board or any bank. If the Board discovers that we have to finance, $400,000 may be a lot of money, $100,000 may not be. Martin Shore suggested the Lease could be used as collateral. cary Klein agreed - in this way, individual owners would not be invoLved. Linda Averch stated that we are putting the carriage before the horse, that numbers are needed. The Board would like to see the project done and hopefully something concrete coul-d be presented to all by Decernber or January. Vern Averch also suggested the assignment of rents as collateral-. Mac Brown questioned voting on the entire package with enclosures or on individual items. Briner explained that changes must be published two weeks prior to the scheduled sessions, any change from approved drawings must go back to contractor, contractor must obtain a permit each time - there are definite steps for each change with time and money involved. Gary Klein suggested a vote as asked for in the proxy for total improvements as outlined or allowing owners of 28, 38, 48, and 5E to enclose small portions of the balconies. Linda Averch proposed an amendment to allow the Board to continue - 10- with the project and get complete cost factors and drawings to present at the annual meeting. Ownels requesting enclosures of balconies would be at ownersr expense; money would be held in escrow, other homeowners would not be affected and there would be no expense to the Association. Could this be done legally? Martin Shore responded that it could. Gary Klein suggested a postponement with continued gathering of information until the annual meeting by rrrhich time Ordinance 4 woul-d possibly be changed. Jim Tierney supported Linda's view of going forward with no cornmitment. The package aspect troubles him. He strongly favors using rental money on maintenance. His personal view is that if stacks A, B and E r^rant the proposed entrance, let the Condo Association do it and have the cost assessed to those people in those stacks being served. C and D stacks have a bad entrance problem also hrith the cost being the underlying problern. Both have a common problem of painting and upkeep- Cost figures are needed on each element. In regard to the enclosures, he feels that the map should be amended and the Board shou.Irl go forward in obtaining all information. Klein stated the need for complete working drawings frorn Briner to submit to a contractor and the actual cost for same. Linda Averch agreed suggesting a change in the first part of the proxy that was sent. Mac Brown stated the problem of two separate buildings. His main concern is with maintenance, safety, and structure. He is uncomfortable voting on the other building and agrees with Tierney's suggestion of assessi.ng the particular people who would be involved in wanting the enclosures. Briner suggested to Xlein that he (Xlein) provide working drawings to him (Briner) in an effort to save money on more architectural fees. A motion was made by Mac Brown and seconded by the total improvement package as outlined for II not be pursued at this time. Discussion Vern Averch opposed he bel-ieves wiII cause etc. He felt that a is done should be done the division of the endless problems with rYesr or a tNor vote as an Association, Gary Klein that Treetops I and two buildings which a division of owners,is fine but whatever Martin Shore stated that the two buildings cannot be divided -r1- as the Declarations do not permit a partition of the general common eLements. Individuals are interest holders with everyone elsei all have an interest in the totaL package. The Condo Association can be dissolved but, until then, there is no way to divide the buildings. The Deed and Declarations reflect that and specifically state. Jim Tierney continued to believe that assessments can be distributed without dividing the buildings and sees a distinction between capital improvements, the entryway and what is common maintenance for the units as a whole. Mac Brown stated that capital expenses should be separate maintenance is a cornmon concern. tinda Averch proposed to amend the proxies in the packet sent. made by Vern Averch to amend Mac Brown's motion y' with the project until definite costs are available same would be presented at a special or the annual vote. reiterated that the Board is working on behalf or an overall package. A motion was and continue at which time meeting for a Linda Averch of the owners \ Gary Klein recalled Linda asking for his support with no mention of subject costs or borrowing funds. \]' Linda did not recall asking for this support and commented on the cost to Briner for whatever is done. Briner's fee to date' amounts to a litt1e over $4f000 for drawingsr pE€seDtations to committeesr paper work, meetings and discussion with Board members and owners. Klein stated that, if the majority of the owners are against this, no nore money should be spent and, perhaps, Tom should amend the proposal to the Town. Jerry Ladd stated that the issue is clouded by the enclosures and further clouded by the separate stacks (one being enclosed,the other not ) and suggested removing the balcony enclosures issue entirely from overall improvement package. Linda Averch agreed. Vern Averch repeated amending the motion to vote on whether ,/ to proceed with architectural drawings and costs and have a special meeting when the cost analysis is in..--:--...-----.--\ This was seconded by Mr. and Mrs. Geisemann, Chris Cronin. and Ms. Phillips. The vote was taken resulting in 16 for, 8 against. -L2- .a- Linda Averch stated that the Board fiow has permission to proceed with the exception that nothing is {.o be done until cost factors are available and presented at a speqial or at the annual meeting.At such time. a vote will be taken. i Jim Tierney reiterated same with t}e exception of architectural fees. Linda agreed. Martin Shore recommended to the Bbard and the Association to begin a long term capital irnprov$ment fund. Because of the tax structure, it would be very begeficial for this Association to have a plan stating what the fu4d is for and holding capital funds without spending. The presdnt By-Laws are not specific regarding any fund. Linda Averch stated that the Association is in a tax situation again. The year end is 9/30. Cafi we get an opinion here of the first quarterly assessment? Martin Shore stated that .no busihess can be discussed other than what the meeting called for. Ladd commented that there had not been a vote regar*ing the bblcony enclosures. Do we enclose the stack of four to incLude the yellow awnings? Linda Averch did not object to a vote. A motion was made by Ladd to vote ]to approve or disapprove the four bdlcony enclosures in E stacfc. This motion was seconded by Mac Brown. Discussion Jim Tierney wanted to know the status of C stack. Linda Averch stated the najority in C stack is not in favor of the enclosures as presented by Briner. E stack is in favor of the enclosures as presented by B4iner. Vern Averch suggested the C owndrs could amend the original motion to go to the Tohrn to see if dnclosures can be done. Linda Averch reiterated that eight balconies and two decks have already been approved and that whht is being said no\,r is that the Board has received an indication from numerous owners in C stack that they donrt like the present proposal, which is why she extended the apology at the ibeginning of the meeting. Tierney was against voting againsl the E stack since there is a need for more details. Linda Averch reminded everyone ofl the possibility of amending -13- Ordinance 4. This would allow other Associations to enclose their balconies with approval from the Town. As it is now Ordinance 4 does not include nulti-family dwellings. A motion lras made by Jerry Ladd to allow the four enclosures in E stack. Discussion Linda Averch: If the Design Review Board turns down the four enclosures, we have no choice but to abide by their decision but there has to be approval from the majority of owners in Treetops. A new vote would have to be taken of the owners. Ladd withdrew his motion with the understanding that approval from the Design Review Board is presented to the entire membership. Linda agreed. \< There was a clarification by Linda Averch and Tom Briner that Briner will be attending the Town rneeting on Wednesday regarding , approval for a portion of enclosures versus all ten at the same time. Jerry Ladd made a motion to adjourn the meeting and this motion was seconded. Meeting was adjourned at 7:40 P.M. Respectfully submitted, / iludy Troxel -L4- To: From: Date: Re: Treetops Condominium ilerry D. Ladd April 22, 1988 RESULTS OF BAILOTING JERtrY D. LABB Association €q (. r/ tllitif "c' A total of 28 of the 29 units in Treetops I and Treetops II completed and returned their ballots regarding balcony enclosures,items of repair and'maintenance, and proposed new improvernents. A clear consensus was achieved on eight out of ten items on the ballot regarding repairs, maintenance, and new improvernents. An individual recap of each item follows: ftem #1: Repairs and mainterrance in the corridors - approved by a vote of 25-yes to 3-no. Iten #2: Repairs and maintenance in the stairways - approved by a vote of 25-yes to 3-no. Item *3: Repairs ancl maintenance to the bridges between Treetops I and Treetops II - approved by a vote of 24-yes to 4-no. Item #4: An enclosure of the elevated bridge between Tree-6F-i anil the upper level garage - defeat6d by a vote of 0-yes to 28-no. Item *5: New entryways to Treetops I and Treetops II and an enclosure around the trash dumpster - the vote was L2-yes and 16-no, but two of the nno' votes were conditionally cast and were in favor of some improvements to the entrance to Tree-tops II and to the enclosure of the trash dumpster. A new entranse to ?reetops f has been voted, down. There is an uncertain vote regarding the entrance to Treetops II . There is a tie vote on the issue of a dumpster enclosure. ftem #6r New balcony railings for Treetops II and repaired railings on Treetops I - there were 14-yes votes and 14-no votes, but four of the Gnon votes were conditionally cast,expressing support for the repair of the Treetops I railings. There is maJority approval for the repair of Treetops I railings, and a tie vote on the issue of new railings for Treetops II. 2O5O Wesr Severrx Avtrue r &ruven Oorocam r 8O204 r l3o3l 573-62t42 Treetops Condominium Association April 22, 1988 Page Tvto Item *7: New winclows on the east side dEEEEGa by a vote of 5-yes to 23-no. - Itern *9: New siding and painting for E!?-E5te of 10-yes to 18-no. Ilern_tg: Landscaping of the lawn adjacent to the bike path - GEeated by a votE of 9-yes to l9-no. of Treetops II - Treetops II - defeated K( Item *10: Treetops The Anclosure defeated by a Upgrades to the boilers in Treetops I ancl II - approved by a vote of 22-yes to 4-no. of the balconies on Units 2E, 3E' 48, andl 5E vote of 13-yes to l5-no. was The Board of Directors of the Treetops Condominium Association has not had a chance to meet anil discuss the results of the balloting, but there is a dedication on the part of the full Board to properly executing aII items of repair and maintenance during the upcoming summer season so that Treetops I and Treetops II will enter the next winter season in tip-top shape. In atldition to the repair and maintenance included in Items fl' *2, and #3, action will be taken to rernodel and repair the entrance to Treetops I andl to repair and/or replace all of the balcony railings as appropriate. The necessity of replacing the balcony railings on TreetoPs IL will be carefully investigated, and if necessary, will be uncler- taken. In addition, the Board will identify and execute an economically feasible enclosure for the trash dumpster. As expressed above, there is a fairly egual split in the vote regarding the entrance to TreetoPs II. There is not majority approval for a $421477 entrance as Proposed in the balloting' but there does seem to be a consensus of support for less expensive alternatives, which could include the installation of some glass in and adjacent to the doorway, with perhaps improved lighting. There will be more conmunication with the Unit Owners in the coming months to keep you abreast of the work that is undertaken. Jerry D. Ladd Seeretary of the Treetops Condorninium Association JDr'/)ab q ! --a T I '.LJ 8[UlJ r' ' - r] !; MACKINToSH BRoWN P.C. ATToRNEY AT LAw Two UNITEo BANK CENTER l7@ BRoaDwAy. SU|TE I 5O5 OENVER. CoLoRADo 8O29O July 29 | 199I TELEPHoNE (3O3) 494-OA@ FAx (303) 839A262 l'1r. Mike Mollica Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81557 Res Treetops Balcony Enclosures Dear Mr. Mollica: I have reviewed the memorandum submitted by the Hellerstein office on behalf of the applicants for the Treetops balcony enclosure. I have also reviewed the July 25. L987 Minutes of a Special Meeting of the members at Treetops at which the President of Treetops, Linda Averch, stated that the Board of Directors did not realize the owners of C Stack were not interested in the balcony change proposal and extended the Boardrs apology for any misunderstanding. The minutes also reflect that a littfe over $4,000.00 for drawings, presentations to cornmittees, paperwork, meetings and discussion with the Board members and owners had been expended to that date in connection with all of the proposed work on Treetops, not just the balcony enclosures. Linda Averch also stated that the enclosures are secondary to the overall project and should not become the main issue. A copy of these minutes is enclosed which should be made a part of the official record. What I am not clear about is whether the variance they are seeking to currently use is the one approved June L, L987 for ten enclosures. Our July 25, L987 minutes reflect that Tom Briner planned to attend a meeting of the Commission or Town Council on Wednesday, July 29, L987, to see if he could get the approval of a portion of those ten enclosures since it was clear at that time that the owners of the C Stack were not in favor of enclosures. I would appreciate it if you could check the records of the Town Council and Commission meetings, if any, on July 29, or soon after that, to see if in fact Tom Briner did ask approval of less than the full ten enclosures and what action was taken on that proposal . f am confident that very little money was expended by the Association or anyone else in the form of architectrs or attorney's fees in reliance upon the granting of the variance. Perhaps Briner did not ask for the variance permi-t because he knew that there Mr. llike Mollica Planning and Envirorunental Commission JuIy 29, 1991 Page 2 could not be ten enclosuresr or he may have been told by someone from the Commission's staff that the permit would only be granted for the full ten enclosures. Is it customary for the applicant to expressly reguest that the perrnit be issued or is it done as a matter of course? I suspect there is a sinple explanation of why the permit was not issued and it probably stems from the members meeting held on .Iuly 25, L987 when it became clear that the variance was for more than the members wanted. Perhaps you could give ure a ring when you track down the information about the July 29, J-987 hearings, if any. Sincerely, MB:ms Enclosure g , e,1l sfk ^-f /4*< T'Lt'-"- J^ t ZP Ja"< .//fury.?k: '!4D,CKTNTOS a MINUTES TREETOPS CONDOMTNilJM Ortto"ati#ON BoARD MEETTNG This rneeting was called to order by President Linda Averch on July 25, 1987, at 4245 P.M., at the residence of Vern and Linda Averch. This first order of business was roll call and certification of proxies as foIlows. Those present were as follows: 2A 3A 4A 6A 7A 1B zb JIJ 4B f,lJ 58/78 Giesemann 1C 2c 3c 3D 4D 5D 1E zr, Jla 4E 5E KIei-n Brown Smith Jackson t.)rr i nlr M-= ri National Enterprises Zimmer Deifik Banos Phi 1l ips Phi Ilips Averch Proxy - Chris Cronin Proxy - Marve1 Barnes Proxy - Linda Averch Proxy - Linda Averch Proxy - Mac Brown Proxy - Linda Averch Proxy - Mac Brown Proxy .- Chris Cronjn Proxy - Marvel Barnes Proxv - Mac Brown Proxy - Mac Brown Proxy - Linda Averch Proxy - Mac Brown Proxy - Linda Averch Ladd Brooks Peterson Zunzuneguj- Dow Beirnes McDonald Dominick Brooks Humphrey Gibson Proof of Notice of Meeting or Waiver of Notice was read by Linda Averch. Her opening statement addressed the proposed upgrades of Treetops I and II and then she introduced the following narcrtilQ. Tom Briner - Briner & Scott Architects Martin Shore - Attorney for the Treetops Association Dale Pflieger - Accountant for the Association Mr. Juergen Geisernann - Board Member Linda Averch - Board Member -r- o President's Opening Statement: On behal-f of the Board we are here today to present to the owners of Treetops a proposal of upgrades to the building. The packet you received vras a preliminary package that was put together due to the fact that there was expressed concern by some of the owners that the Board $ras exceeding their authority and guidelines expressed at the annual meeting in January I987 of this year. Property Improvements Linda stated that the following to the Treetops property: r_mprovemencs need to be made 1. A liqht needs to be installed over the door that leads to the Resident Manager's office.2. Minor boiler repairs need to be done in Treetops II.3. The driveway needs to be sealed, to prevent deterioration of the asphalt. 4. 5. catches units. 6. Treetops I 7. The valves in the lawn sprinkler need repair.The chimney flues need to be recapped...if the wind them in a certaj-n way, it causes smoke to back up in The front wa11 of the planter at the entrance to the building needs repair.The roofs on the trash entrance and the main entrance need repair.8. Painti.ng and touch-up where neededr particularly in the interior halls, and on the front door of each unit.9. A rubber link mat needs to be installed in the lower entrance to the Resident Managers' office and the garage, and on the bridge...these areas become very slippery.10. The carpeting, which is about five years old, needs to be replaced. The present carpeting, which was glued down.could serve as padding for new carpeting.11. The present wood on the buildings needs regular painting, as a preservative measure. The wood around the windows is in poor shape, and needs to be updated.L2. The balconies couLd not pass the Town Code presently,due to the large openings between the wood railings...the balconies need to be upgraded to a better material, with a more enclosed effect. The following suggcstions were made by those present, relative to the proposed improvements: 1. That entrance doors to individual units rnight be painted a different color, or a possible change of the door itself.David Rioux reminded those present that if new doors were installed, they would have to meet Fire Code requirements. -2- a 2. That the new carpeting be similar in quality to the ner.tr carpeting in the Mid-VaiI Restaurant. 3. Bernie and Lynn Weiss asked about the possibility of enclosing their balcony, to give a t'greenhouse" effect. Linda responded that ten Treetops homeowners have collectively approached the Town of Vail about enclosing their balconies,and that the project is "on hold" until a decision is made by the Town regarding similar proposals from other loilges and condominiun projects. There are several condominium expansion proposals before the Town for approval...if they receive their approval, Treetops will go back to the Town and ask for a variance to enclose ten balconies. Linda stated that the Town roill not approve a balcony expansion enclosure in an area attached to or affected by a fire escape, general common areas, etc. Any homeowner wishing to expand or enclose a balcony must submit a drawing to the Treetops Board for approval. 4. The suggestion was made that a gl-ass door be installed in the front entryway, with a special lock, to create the feeling of privacy. 5. cary Klein stated that dogs have become a problem in the lawn area, due to its proximity to the bike path, and reguested that consideration be given to installing a fence around the lawn. It was agreed by those present that the idea should be pursued. With a Motion given by Vern Averch and seconded by Lynn Weiss,it was unanimous Iv: RESOLVED: That refurbishing of the Treetops buildings and envir6iT-SElursued with all ideas, including the ideas outlined above and any new ideas, to -EE--Eaken into consideration. The final presentation of possible upgrades wilI take into consideration cost factorsf TowD approval procedures, etc., and will be approved by the Board of Directors. The importance of all changes to the buitdings and environs being coordinated, for a feeting of consistency and uniformity,was stressed. It was agreed that an architect should be hired to coordinate the project...preferably a local architect experienced in dealing with the Town. It was agreed that Tom Briner, Gordon Pierce and Craig Snowdon will be contacted regarding a possible interest in the project. In response to this charge we deemed it nost economical to first present the concepts to the Town Staff, Planning Commission,D.R.B. and The Town Council. After numerous meetings and conversations at a mere cost of $I00.00 to the Association all -3- of the renovation ideas, old and new have received approval. The next step is to prepare and present to you a proposed budget for these items. Tom Briner is nor,r prepared to present this proposal to you. Architect Tom Briner \^ras called upon to present the proposed upgrades ancl show his ideas in sketch form. He suggested that Buildings I and II would relate better as a single project and listed the followinq: l_. 2. 3. 4- q a. b. c. Develop new entry to Building I (which wilI also serve Building II ).Corridors in II should be brightened,/cleaned up. Graphics program.Stair enclosures (i.e., lightingf entrance to II, etc. )Enclose decks,/balconies in Building II (4 balconies , 2F,, 38, 4E and 5E). d. f. Improve, enhance and protect entry (security, heat, make larger) by adding new entry and demolishing old entry.Building II - addition of canopy over entrance, new lighting,ner entrance location facing westr cover the metal bridge.Building I - fix existing railings (we may all have some liability if railings do not meet code). Suggest reducing space between horizontal rai1s, raise height. Railings in II should be improved to match Building I.Eliminate canopies,/hoods over windows which is causing maintenance problems - replace with stucco - horizontaf wood siding on BuildJ-ng I. More insulation would be provided by the replacement hrith stucco.lnstall fence or barrier to dogs along bike path - a hedge would be more natural and attractive - must be on property 1i.ne, not on Town property. Potentilla was suggested for hedge. New entrance should incorporate great deal of landscaping starting from road to third level. and staj-rs to second 1evel. Enclose open corridor for heat retention; terrace Iow timber retaining walls and landscape with trees; pave walkway. Retain pitched roof to throw snow into terraced areai canopy over bridge; perhaps pierced windows in top of stairwell. Change balcony railings in Building I to match Building II - more space would be available if living rooms were extended. Linda Averch stated that the Board did not realize the owners in C stack were not interested in the balcony change proposal and extended the Board's apology for any misunderstanding. Architect Briner further suggested extending the eaves I-l/2 to 2 feet to match Building I since water is presently running down the wood siding. Architect Briner adilressed the projected costs stating that 9. L -4- 1. he had presented these items and preliminary drawings to three contractors with whom he and his firm have worked closelv and askeil for very general budget estimates, not bids, from these contractors. These contractors are JDM, Duddy Vie3.e, and Beck & Associates. Estimates are as follows: Entry and Corridor - BuildJ-ng I includes remodeling of trash room, landscaping and filt,retaining wall-s, lighting, snow removal , irrigation system,corridor doors and paint, simple security system, extending balcony railings at fourth level, painting bridges that connect Buildings I and II. JDM 9100,030 Duddy Viele 9I ,747 Beck & Associates 66,85I RemodeLing of existing balconies z. JDM Duddy Viele Beck t Associates JDM Duddy Vj-e1e Beck O Associates JDM Duddy Viele Beck a Associates Reconstruction of JDM Duddy Viele Beck & Associates General Conditions JDM Duddy Viele Beck & Associates $ 6, 000 5, 813 139 per balcony ($4,100 totali Bridge entry - including glazed enclosure, ceiling under-neath bridge, facia, canopy, lighting, new door, sidewalk I 29,790 31, 9 32 25,053 .t-corridor,/stair - capret, paint, lighting, Pierced windorvs Exterior - replacing windows (metal for vinylr wood finish), removing canopies, new stucco, patch and repair, wood siding,insulation, extending eaves, repainting building JDM $103,751 Duddy Viele 47,404 Beck E Associates 82;O75 s 2a,456 40 ,416 13, 528 balcony,/railings g r8, 700 20,399 15.106 and Fee 6. $ 55,675 included in total (below) 43,550 7. -5- 8. Totals JDM $344,402 (high) Duddy Viele $237,70I Beck & Associates 9249,263 Architect Briner suggested negotiations with the two lowest contractors with anticipated completion by Thanksgiving. Linda Averch stated that this is the first tine that these numbers have been presented to the Board but that the Board did instruct Briner to get a proposal for a first class job to be presented to the Board. Mac Brown questioned Briner on the height, and safety of the railings on Building II. Briner responded that the height may be 41" and that, even though he did not personally inspect each and every one, he does not feel that they are the most stable. Code does cal-1, for 6" or less bethreen rails or for runners or screeninq across rails. Briner stated that he presented the above as an overall project to the Planning Commission- not separating the balcony changes. _ The town has approved GRFA increases when there has also been substantial effort made to improve the general appearance of a proj ect. Linda Averch stated that the Association had been given approval two years ago for the balcony enclosures and that Lhe goard never stated to the architects that the balconies were a main factor. Mac Brown questioned whetber all ten balconies would have to be changed or a portion thereof. Briner responded that this is a part of the agenda with the Design Review Board this coming Wednesday, Linda Averch stated that the Board became a$rare at a meeting in latter June that more than one owner r,rras not interested in the balcony enclosures and further stated that these enclosures are secondary to the overall project and should not become the main issue. Gary Xlein guestioned when/why the concept of having C stack change from enclosed patios to exterior storage ara. -\ Briner explained that the Town has not approved deck enclosure anywhere else but there are mitigating circumstances here, i.e.,there will be a large area renaining after encLosure of smaller portion - impressed upon J.arger outiloor usable balcony space. Mac Brovrn questioned the property line in relation to the building and Briner pointed out that it was from 8r at one point to 20r at another. -6- Irlac Brown guestioned why a fence was not permitted. Briner suggested that it was rejected possi.bly due to the view for some across the bike path. Mac Brown guestioned whether the neighbors to the East are on the property line. Linda Averch replied no - the retaining waII was on the property line and had been lowered. According to drawings, Briner was guessing that our neighbors are over the property line. Mac Brown guestioned the legal aspects if balconies are enclosed:increase in taxes, need to amend condo map to increase sguare footage, who pays for any refurbishing or remodeling, need to amend covenants. \i Attorney Martin Shore replied that he f oresees no problems providing homeowners follow the By-Laws and Declarations. He explained that, in the Condomini.um Act in Colorado, ownership is based on (f) air space unit within wa1ls - you own that;(2) general conmon elements, the wal1, you do not own that only a fractional interest. Limited common elements are granted f or the use of the individual owner: f lues, f or example; pra,tjos are restricted to the unit; as per the Declarations patios are attached to units and cannot be divided. There is no law,however, as to whether you can or cannot enclose. If you screen patios, do you change the patio - he thinks not. If you glass the patio, do you change the patio - he thinks not. rf completed as projected here, you have an enclosed common element for your own use. The Town could decide to assess due to increased space.He has no lega1 opinion as to what the tax assessor will do but it could be assumed that there wifl be a raise due to increase in value. Should the map be amended? There is no case requiring such action. Who pays? This should be worked out among each other ( common element). The covenants cover enclosures, permit it; thereforer lou could proceed. He stated that there seem to be two different questions: (1) numerous improvements, (2) patios. The Declaratj.ons state that expenditures over $120 (over approved budget) must be approved by owners excluding repair, maintenance, replacement, or obsolescence. He feels that this is a political problem - not a legal problem. Gary Klein asked if this meeting was called in order to go ahead with capital expenditures or if Board voted to do it? Linda Averch answered no and reiterated that the next step j-s for the Board to neet with the contractor(s), and go through each proposal one at a time. She asked owners whether to proceed in order to get exact numbers. Owners have given permission to go this far. AII opinions are considereil by the Board. Vern Averch stated that he called the Eagle County Assessor's -7- o office to see what his unit is being taxed for and was told that 1,430 sq. ft., incLuding the balcony, is being taxed. There would be no liability tax-rvise unless the assessor increased the value of the overall unit. Again, the balcony is already being taxed. Linda Averch passed out a letter from Bob Dorf, a real estate broker of Slifer & Company, concerning the exterior of Treetops and his concern regarding the outside presentation and impression to buyers. Linda stated that the owners are directed to go to Tom Briner or Marvel Barnes with any questions. She further stated that the main emphasis here is our overall appearance and since our "front door" is essentially the entrance to Treetops II, this entrance nust be attractive. The inside can be control-fed by the individual, the outside cannoL. Dale Pfi-ieger, our Associations cPA, presented a history on Lax- ation for the Condo Association: The Condo Association has an annual election on whether to be taxed as a Homeo\^rners t Association or a regular corporation- A Homeowners' Association pays tax on non-exempt income - mainly rents and interest income. Deductions agai-nst non-exempt income are expenses directly related to the production of that income in which Treetops situation is very littIe, Homeowners' Associations pay tax at a 30E rate. In a regular corporation, aII revenue j-s considered taxable income. A11 expenses are considered deductions. Since Treetops has $33,000 in rental income and $5,000 to $6,000 in interest incorne, it would have approximately $40,000 taxable income with no tax deductibte expenses if it fited as a Homeowners' Assoc-ication, It would appear beneficial to file as a regu)-ar corpora-tion. For fiscal years 85-86, Treetops had been faced with a signj-ficant tax liability. It was the opinion at the annual meeting to eliminate this liability designati-ng a portion of assessments as capital assessments since capital assessments can be excl-uded from taxable income. Roughly $90,000 taxable income was eliminated for years J-985-86 if designating such as capital assessments. The only deductions to date for capital improvements have been for the manager's unit ($20,000) and for installation of the fire alarn ($25,000). September 30, 1986 books show capital assessments, less expenditure for capital improvements of S46,000 (which is limited to capital improvements). Taxable income appeared to be a con- tinuing problem. As a sofution, it was suggested at the last annual meeting to eliminate quarterly assessment, reduce the quarterly assessment, or increase spending for capital improvements. The Board approved reducing the quarterly assessment, $10,000 each, for the second, third, and fourth quarters, since the first quarter had already gone out. fnformation from Vail Home Rentals indicates that even with the reduction, there will be taxable income problems this year. Prelirninary financial information shows that Treetops cash balance is $70,000, and income year to date of $30,000. This amount of taxable incorne would generate a tax liability of $5r000 to $6,000 this year. Could the Associaion borrow funds to complete the project? Dale -8- o Pflieger, CPA, said yes. from would continue to designate assessment of being capitaJ-to retire the debt obligation. Gary Klein questioned if it save $4 , 000 or $5, 000. o an accounting standpoint you a certain amount of your quarterly assessment. That amount would so made sense to spend $400,000 to Linda Averch again stated that the Board is asking for authority to study and present more accurate plans. costs, etc. Architect Briner stated that the project could be done in phases. However, it is more economically feasible to do it all at once as opposed to being drawn out since you do pay general conditions fees every time you approach a contractor for another change. Jerry Ladd askecl if the Town would approve a phased plan and Briner was optimistic that they wouJd. Ladd questioned the entrance to Treetops I designed to fit between the elevator and stairwell - would there be ample room to accommodate people going up and down stairs at the same tine?Briner replied that there would be room and indicated a change in the location of the stairs due to the expansibn tanks in the boiler room. Ladd questioned the impact on the second and third floor units from the sound of ski boots - could there be doors at the ends of the hallway and carpet instead of tile. Briner thought this a good idea. Mike Johnson questioned the safety of the bridge now. Briner stateil that there is no danger now but this is not necessarily true in the winter. Mac Brown asked those present if they felt it to be unsafe" Vern Averch noted that one person has fallen while carrying a suitcase; other j.nstances include someone sleeping in the elevator and two sleeping in the boiler room alcove. He feels that a covered bridge woufd eliminate the weather problem and that a security system would eliminate transients from entering the building. Briner noted that stairs on the bridge make it more hazardous and suggested again an enclosure. but not heated. tinda Averch pointed out a similar enclosure next Loren Polo shop in the Sitzmark building. Briner suggests a cover over top and sides of a material that the bridge structure will support. to the Ralph Iightweight Jin Tierney stated that he felt safer on the bridge than on -9- a the driveway. Mac Brown suggested a light from the building waLl - Briner agreed. Brown also reiterated the unsafe condition of the driveway with water running off commercial building and freezing. Linda Averch suggested that the walkway from the garage to Treetops II should have a protective cover to r4'a1k on across the driveway and stated that the Board has proposed an enclosure due to close calls in the past. Brown asked if a bank or lender had been approached regarding the possibility of financing an entire package. Would a signature loan be sufficient without securityr oE what security would they require? Linda Averch replied that there are not yet any figures to present to a bank. She has talked to a president of a bank about the general idea. The attorney and CPA would have to be consulted about requirements and possible collateraI. There has been no commitment fron the Board or any bank. If the Board discovers that we have to finance, $400,000 may be a lot of money, $I00,000 may not be. Martin Shore suggested the Lease could be used as co1latera1. Gary Klein agreed - in this way,be i.nvolved. individual owners would not Linda Averch stated that we are putting the carri.age before the horse, that numbers are needed. The Board would tike to see the project done and hopefully something concrete could be presented to all by December or January. Vern Averch also suggested the assignment of rents as collateral . Mac Brown questioned voting on the entire package with enclosures or on individual items. Briner explained that changes tnust be published two weeks prior to the scheduled sessions, any change from approved drawings must go back to contractor. contractor must obtain a permit each time - there are definite steps for each change with time and money involved. Gary Klein suggested a vote as asked for in the proxy for total improvements as outlined or allowing owners of 2Er 3Er 4E, and 5E to enclose snall portions of the balconies. Linda Averch proposed an amendment to allow the Board to continue - 10- rrith the project and get complete cost factors and drawings to present at the annual neeting. Owners requesting enclosures of balconies wouLd be at o\rrners' expense; money would be held in escro\.ir. other homeowners would not be affected and there would be no expense to the Association. Could this be done Iegally? Martin Shore responded that it could. Gary KLein suggested a postponement with continued gathering of inforrnation until the annual meeting by which tirne Ordinance 4 would possibly be changed. Jin Tierney supported Linda's view of going forward with no commitment. The package aspect troubles hirn. He strongly favors using rental money on maintenance. His personal view is that if stacks A, B and E want the proposed entrance, Iet the Condo Association do it and have the cost assessed to those people in those stacks being served. C and D stacks have a bad entrance problem also with the cost being the underlying problem. Both have a common problern of painiing and uplie.p-. Cost figures are needed on each elernent. In regard to the enclosures, he feels that the nap should be amended and the Board should go forward in obtaining all information. Klein stated the need for complete working drawings from Briner to submit to a contractor and the actual cost for same. Linda Averch agreed suggesting a change in the first part of the proxy that was sent. Mac Brown stated the problem of two separate buildings. His main concern is with maintenance, safety, and structure. He is uncomfortable voting on the other building and agrees with Tierney's suggestion of assessing the particular people who would be involved in wanting the enclosures. Briner suggested to Klein that he (Klein) provide working drawings to him (Briner) in an effort to save money on more architectural fees. A motion was made by Mac Brown and seconded by Gary Klein that the total improvenent package as outlined for Treetops I and II not be pursued at this time, Discussion vern Averch opposed the division of the two buildings which he belj-eves will cause endless problems with a division of owners,etc. He felt that a 'Yes' or a 'No' vote is fine but whatever is done should be done as an Association. Martin Shore stated that the two buil-dings cannot be divided - I1- as the Declarations do not common elements. Individuals else; a]I have an interest Association can be dissolved to divide the buildings. that and specifically state. permit a partition of the general are interest holders with everyone in the total package. The Condo but, until then, there is no way The Deed and DecLarations reflect Jim Tierney continued to believe that assessments can be distributed without dividing the buildings and sees a distinction between capital improvements, the entryway and what is common maintenance for the units as a whole. Mac Brown stated that capital maintenance is a cotnmon concern. exDenses should be separate Linda Averch proposed to amend the proxies in the packet sent. A motion was made by Vern Averch to amend Mac Brown's motion r' and continue with the project until definite costs are available at which time same would be presented at a special or the annual meetinq for a vote. Linda Averch reiterated that the Board is worki-nq on behalf of the owners or an overall package. Gary Klein recalled Linda asking for his support with no mention of subject costs or borrowing funds. \rr Linda did not recall asking for this support and commented on the cost to Briner for whatever is done. Briner's fee to dace amounts to a little over $4, 000 for drawings, presentations to committeesr paper work, meetings and discussion with Board members and owners. Klein stated that, if the majority of the owners are against this, no more money should be spent and, perhaps, Tom should amend the proposal to the Town. \Jerry Ladd stated that the issue is clouded by the enclosures and further clouded by the separate stacks (one being enclosed,the other not) and suggested removing the balcony enclosures issue entirely from overall improvement package. Linda Averch agreed.=\l Vern Averch repeated amending the notion to vote to proceed with architectural- drawings and costs ,.-l!${f meeting when the cost analysis is in- This was seconded by l'1r. and Mrs. Geisemann, Chris Ms. Phillips. The vote was taken resulting in 16 for, 8 against. on whether and have a Cronin, and ,. -L2- a a" Linda Averch stated that the Board now has permission to proceed with the exception that nothing is to be done until cost factors are available and presented at a special or at the annual meeting.At such time, a vote will be taken. Jim Tierney reiterated same with the exception of architectural fees. Linda agreed. Martin Shore recornmended to the Board and the Association to begin a long term capital improvement fund. Because of the tax structure, it would be very beneficial for this Association to have a plan stating what the fund is for and bolding capital funds without spending. The present By-taws are not specific regarding any fund. Linda Averch stated that the Assoeiation is in a tax situation again- The year end is 9/30. Can we get an opinion here of the first quarterly assessment? Martin Shore stated that no business can be discussed other than what the meeting called for, Ladd co$unented that there had not been a vote regrar*ing the bdlcony enclosures. Do we enclose the stack of four to include the yellow awnings? Linda Averch did not object to a vote. A motion was made by Ladd to vote to approve or disapprove the four brilcony enclosures in E stack. This motion was seconded by Mac Brown. Discussion Jim Tierney wanted to know the status of C stack. -r Linda Averch stated the majori-ty in C stack is not in favor of the enclosures as presented by Briner. E stack is in favor of the enclosures as presented by Briner. Vern Averch suggested the C owners couLd amend the original rnotion to go to the Town to see if enclosures can be done, \ f,itO. Averch reiterated that eight balconies and two decks have already been approved and that what is being said now is that the Board has received an indication from numerous owners in C stack that they donrt like the present proposal, which is why she extended the apology at the beginning of the neeting. Tierney rdas against voting against the E stack since there is a need for more details. Linda Averch reminded everyone of the possibility of amending -13- Ordinance 4. This would allow other Associations their balconies with approval from the Town. As ordinance 4 does not include multi-family dwelJ.ings, to ir enclose is now A in motion was made by Jerry Ladd to allow the four enclosures E stack. Discussion tinda Averch: If the Design Review Board turns down the four enclosures, we have no choice but to abide by their declsion but there has to be approval from the majority of owners in Treetops. A new vote would have to be taken of the o$rners. Ladd withdrew his motion with the understanding that approval from the Design Review Board is presented to the entire membership. Linda agreed There eras a clarification by Linda Averch and Tom Briner that Briner will be attending the Town meeting on Wednesday regarding approval for a portion of enclosures versus all ten at the same time. Jerry Ladd made a motion to adjourn the rneeting and this motion was seconded. Meeting was adjourned at 7:40 P.it. Respectf u1ly submitted, €/ Jucly Troxel -I4 - MACKINToSH BRowN P.C. ATToRNEY AT LAw Two UNTEo BANK CENTER | 7@ BRoaDway, SutTE l5O5 DENVER, CoLoRAoo 60290 July 24, 1991 TELEPHONE (3O3) A94O8@ FAx (303) 8398262 Mr. Mike l4ollica Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 8165? Re: Treetops Balcony Enclosures Dear lqr. Mollica: I talked yesterday to cary Klein and he indicated that the law firm of Hellerstein, Hellerstein & shore has filed a brief with you in connection with the Treetops bal-cony enclosures. I would be grateful if you could send a copy of that to me for review. It may be that I may have some additional facts or law which would be helpful to you and the City Attorney. It is ny understanding that the hearing on this matter was tabled until August 26, 1991. Sincerely, !1B:ms 1,zc.It t'--r T / ,14, O o TO: FROM: DATE: SUBJECT: \ MEMORANDUM Planning and Environmental Commission Community Development Department June 10, 1991 An appeal of a staff decision concerning a density variance granted to the Treetops Condominiums, Lot 6, Block l, Vail Lionshead First Filing/452 East Lionshead Circle. Appellanr Treetops Condominium Association Planner: Mike Mollica u. DESCzuPTION OF TTTE REOUEST The Treetops Condominium Association is appealing a staff decision regarding a previously approved density variance for the Treemps Condominiums, located at 452 East Lionshead Circle. It is the position of the staff that a density variance granted by the Town in 1987 for the enclosure of ten balconies in the Treetops project has lapsed. According to the Town of Vail Municipal Code, Section 18.62.080, Permit Issuance In Effect, "the permit shall lapse if construction is not commenced within one year of the date of issuance and diligently pursued to completion." BACKGROUND AND HISTORY A. On June l, 1987, the Planning and Environmental Commission (PEC) voted unanimously (6 - 0) to approve a density variance and an exterior alteration in order to enclose eight balconies and two decks at the Treetops Condominiums. The staff had subsequently recommended approval of the exterior alteration and denial of dre density variance. B. The Planning and Environmental Commission action on this density variance was called up by the Town Council, and was reviewed at their June 16, 1987 public hearing. At this hearing, the Town Council upheld the PEC decision by avoteof4- l. During March of 1991, the Treetops Condominium Association filed a Design Review Board @RB) application in order to obtain final DRB approval for the enclosure of the ten balconies that were previously approved in 1987. On April 11, 1991, David F. Murray, of Hellerstein, Hellerstein and Shore, attorney for the Treetops Condominium Association, filed a written request to the Town Attorney requesting that the staff allow the Treetops Design Review Board application to proceed through the planning process. On April 18, 1991, Larry Eskwith, Town Attorney, reaffirmed the staff position that the variance which was obtained in 1987 was now expired. It was also pointed out in Mr. Eskwith's letter, that if the Treetops Condominium Association still desired to move forward with the balcony enclosures that it would be necessary for them to proceed through the planning process at this time. On April 19, 1991, the planning staff advised Bill Pierce, architect for the Treetops Condominium Association, that the request could not be scheduled before the DRB because the 1987 variance approval had expired. On May l, 1991, David F. Murray, attorney for the Treetops Condominium Association, filed a written appeal of the staff's decision regarding the 1987 variance approval. STAFF RECOMMENDATION It is the staffs position that the density variance that was approved in 1987 for the Treetops Condominium Association to enclose ten balconies has lapsed pursuant to Section 18.62.080 of the Municipal Code. The staff does acknowledge however, that the Treetops Condominium Association has made site improvements such as landscaping to the Treetops project, since 1987. While we applaud the Association's effons to upgrade their property, the staff believes that such site improvements werc not relevant to the 1987 density variance, nor were said site improvements a condition of the i987 density variance, and therefore the site improvements should not be considered a commencement of construction. c. D. E. F. G. III. c:\pec\nemos\rcctops.6l 0 LOUI9 A. H ELLERSTEIN STEPHEN A. HELLERSTEIN l.lARTlN H. 9HORE JANICE HOFMANN CLARK EDWARD P, O'BRIEN FOBERT E, MAFKEL ROBERT W SMITH SALLY K. ORTNER DAVID F. MURRAY EI.,I MY H, STONE BARBARA P. KOZELKA MICHAEL A. VELLONE DAVID A. SHORE -- t)31 HrLunsrrrn. Hslunslsrx AND SHoRE, p. c, alloFitEYs at tatv II3E OELAWARE s?FEET P. 0. 90x 5637 OENVER. COLORADO AO?I7 May I, l99l TELECOPIEFI l!03) 57r- r27l yIA UPS OVERNIGHT pELTVERY Mr. Mikc Mollica Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 In Re: Treetops Condominiums Density Variance Dear Mr. lr4ollica: We are writing on bchalf of our ctient, Treetops Condominium Association ("Associ- ation'), concerning the density variancc grantcd to the Association on June 16, 1987 in connection with the enclosure of certain balconies in the Treetops project. As you know, we recently wrote to the Vail Town Attorney, Larry E. Eskwith, concerning his position that rhc density variance had lapscd pursuant to the Town's ordinanccs. A copy of our letter to Mr. Eskwith dated April I l, t99l is enclosed. On April 12.. 1991, Martin Shore of our office and I met with Mr. Eskwith to discuss the substance of our lettcr and to review the documents and materials referred to therein. At our meeting with Mr, Eskwith, wc cxpressed the Association's position that the variancc granted in 198? has not lapsed based upon the fact that thc Vail Planning Commission conditioned its approval of the variance upon the Association's agreement to make other substantial improvements and repairs to the Trcetops project and that the Association has spent in exccss of $300,000 over the past four years in completing thosc gcneral site improvements. However, Mr. Eskwith advised us that it is his position that thc Association failed to meet the requirements of the Town's ordinance which requires that construction contemplated under a variance must be commcnced within one ycar of the date of issuance of the variance. Accordingly, Mr. Eskwith rciteratcd that any Design Review Board Application submitted by the Association to the Town for approval of certain changes in the architectural plans would be pointless bccause the variance had lapsed. Therifore, the Association etccted not to submit to the Town the Design Rcvicw _ Board Application rccently prcpared by its architects, Friztlen, Picrce, Briner. Mr. Eskwith confirmed his position on this mattcr by a lettcr sent to us datcd April lE, 1991, a copy of which also is cnclosed. Thc Association wishes to appcal the decision of thc Town in this matter. Accord' ingly, pleasc considcr this.lcttcr as thc Association's rcqucst for an appcal from thc Town's adhlnistrative action pursuant to Vail Town Ordinance 18.66.030 which provides as fol lows: Appeal from any administrative action or determination by thc town manager or thc zoning adminishator pursuant to provi- sions of this title may be filed with thc Planning Commission by any rcsidcnt or propcrty owncr within twcnty days follow' ing such action or determination. HrurnsrrtN, HrlunsrrtN eNp Snonr, p. c. ATTOFINEYS AI LAW DFM/ljc Encls.cc: Mr. Carlos PhilliPs Mr. Bill Pierce Ms. Marvcl Barncs Mr. Mikc Mollica May I, l99l Page 2 we recently discusscd with Mr. Eskwith the propriety of filing an appeal of this matter i" rie* oi-ttte fact that we ale uncertain as to whethsr thcre has been any ;aOmlnistrativc action{ by the Town from which an anpe.a! 4?y b-9 filcd' While Mr' Csffiiiil;; oi itrc opini'on that.our inf ormal meetini 'wjth hiir did. not constitutc admini- ittativi action by thi fot"n, fr! recommcnded. ttrat wJfilc an appeal with the Planning dommission in order to ptirtiu"irti lssociation's rights. In disc-u-ssing this matter with t;: til ;J"tr.a ui tr'"ivou b;ii;;;;Jct_ins *iit' Mr. Eskwith did coustitutc adminis- irati"c action by the Town and that an appeal o-f Mr. Eskwith's decision could be filcd *it1 ttti Ftanniirg Commission under ths above-rcfercnced ordinance. In our convcrsation with you, we discussed thc fact that the plans which served as the basis for the Planning Commission's approval of the variance in 1987 have becn ii"ii.o.- set*. or tne r?uiiions, irri Assiiiation recently prcpared the above'referenced besign Review goara npplicaiion ln order.toobtain the Town's approval of such changes' it liitJe..ociation's po'.iiion ttut the rcvised plans affect matters which would only ;;;;;;; ttrC oeiign Riview Board and that variance considerations have been unchanged' i"-iirl-r i.iirO, Viu inOicat.d that a ccrtain owner in the project-has cxpr-esscd opposition to it,e ptopoied tlatcony enclorrr..s for various reasons, including the fact that the plans as originally approved havc bcen changed. We understand from the Association's architects that thc variancc granted in 1987 contemtlated enclosure of ten balconics located in thc portions of the project refetred to as stacks C and E. Each stack consists of five units. The revised plans still contemplate. in"ioiui" of all five uniii in stack E and the ground-level unit in stack C' Accordingly' iire Aisociation merely-*istriiio procied witlicnclosure of six of the ten balconies iiiel;r;lt.ppioveo f6. cnitosuri by the Planning Commission. We believe that such cfrtnget in the plans do not implicaie variance considerations' The Association's position concerning thc continucd vali-dity of the variance is set out in detail in its lettei io Vfi.-iri.*itn aatiO April lI, 1991. We iequest that the Planning io**iiiion include trrat ietlii in its considcration of tiris appeal a-nd that the matter be set i; i;;;;i;C. ii trtii m.ltei is set for hearing, please provide a Notice of Hearins to the undcrsigned. Thank you for your assistance in this matter. Very truly yours, HELLERSTEIN, HELLERSTEIN AND SHORE' P'C,nl \FJ- | 3 't,'l u-i a V' David F. MurraY / Via Telecopy a I LOUTS A, HELLEFgTCIN STEPHEN A. HELIERS'gIN l,taRTlN X. gHORE JANTCE HOFXANN CLARX EDWAND P. O,BRIEN FOBEFI E. l''lAFxEL ROBEFT W 5MI1H 3ALLT '(. OFTN€R DAVIO T. MURRAY EI.IMY H. STONE IAR9ARA F, KOz€tt(A ||ICHAEL A. VELLONE DAVTD A. SHORE HelrrnsrtlN. HguutRsmtH AND SHoRe. P' c. AlloiNtv3 al t.w II'C bELAWAFE SIREE' P. O. 60X 5617 oENvEFt, COIORAOO aO?17 April I I, l99l ?ELEFHONE 1303) 3t3- loao l€Lec0Pl€R Itoll 67r- l??l Lowrcncc E. Eskwith, Esquirc Vail Town Attorncy ?5 South Frontlgc Road Vnit, Cotorado 81657 In Rc: Trcctops Condonriniums Dcnsity Vcrioncc Dcar lr4r. Eskwith: wc!tcwritinEonbchrlfofourcticnt'TrcctopsCondominiumAssociation (,,Associntion"l, conc.rniire'ti;'V;il'i;*; iouncit't iffitmrntc of the Plannins and ( invironnrcnrat commissi&;.'i"c"*.iition') g;;i of a dcnsity.vtrirncc on Junc l6' 1987 in connccrion *itlr variois ittip-tit..."ti and contttuction in'thc Trcctops projcct' including thc cnctosurc;i.;;i;i. itarconi.t. S-incc tftc timc of thc Comnrission's I'rant of thc vnriancc, rn. nssociiii* f,tt tp.nt. substnnticl smounts of nroncy for improvcnrcnts rrnd consrruction contci'pi;;;i'";;;; irt" ""ti."". and it now l^'ishcs lo procccd with the ililil;;;i;;;;;-;il;'f iJi.,rrirui"cr only onc of nrany proposcd improvcmcnrs. BccausethcAssocirtionhasstightlyrcviscdilsp|rn.sconccrningthc. bnlcony cnctosurcs, ir;;;.i'tly_;;paica a pciign Rcvicw Borrd Applicstion in otdcr to obtain thc Town's.ppio"ti-i'f !uc'h changes. 1[" a.. adviscd tlrnt thc chrngcs rcllcctcd in thc rcviscd plans oifi.i'tatittt whictiwould only con-ccrn thc Dcsign Rcvicw Board nnd thar varicncc conrii.iriions havc uccn unitrangid. wc undcrst!nd thflt thc Associa' tion.s architccts, Friztlcn, Picrcc and Srincr..;onia.i.O tttt Town's Zoning Administrator prior ro subrrrirting tf,. ij.rii"-if Jvicw foarb-epptica.tion lo ll:,.9::ntunitv Dcvclopment Dcprrtment ("ocpnrtmcir;i;;d wcrc adviscd rttai it is your position thnt thc dcnsity vnriancc hns Inpscd p;;;,i"i"; ih; T;;;;;btbinanctt.'Thc'purposc of this lcttcr is to of fcr addirionnr uacr.giii"i'i'"i"t111ttion-*i ioiit .bnccrning tlic. Commission's grant of rhc variancc and rhc i"'",tt;,;;;;i'-riliiii" iriii".r.ni. coniemp.latcd thcrcundcr. and to rcqucsr that you ,.;;;;;;;'y"ui bosirion.cdnccrning lrpsc of the vrriancc' Thc following is a l)rict summary of our undcrstanoing of'thc-chronoloS,y of cvents in conncction with this nrallcr, 0noraboutMsy25.tgST,thc.Associotionsubnrittedanappticationtothc Dcsign Rcvicw no.ro"r".iuittt;;;'p;;;";r or'an ciicrior nttcrrtion and dcnsitv vRtinncc for rhc cnclosurc or ..rtlii-ior'con'ilt rnd r pidcstrirn-bridgc, rs wcll os rcdcsigning cnd inrprovcmcnt of o lobby ond lobby cntr:rncc-..-ihc appticntlin also proDoscd subst!nti0l inrprovcmcnrs anO lErid'scaping of'fnc projcct, in.f uding improvcmcnt and rcpnir of o Lawrcncc E' Eskwith, Esquirc Aprit 10. l99l Pagc .2' cntrywiys,brlconyrailingsandsidcwalks-'Encloscdwiththislcttcrandlcbclcdos Exhibit'A" is a.opv oi'T"#rioiutO"t JrtcOiiic-r''i-d!i iiot thc Dcpnttmcnt to thc comnrission *n;cn ouriin;r';;;';;;;t;ilo" r r.iu-i.t lbi approuat.of thc Droposcd cxrcrior rtrcrnttons. tc.iion t of tfrat ,n"to,ai't'uli'dtiif i*i thc. Association's spccif ic rcqucst for thc "nrlorur'J'Ji:;ri;o;i;; ,n,r-.nutiJ'.t;t-ii;;;;Jiiionat improvcmcnts which thc Associarion had proposcd. scctions rv .no"v oiih;;;;;tundum indicatc that all of thc proposcd imprwemcnts to €ntrywnys, r.nor.opini, iighting,and ncw sidcwalks wcrc in comptinncc *,i;";;;-;;urJ'ii"tr'ii til; il;;;;;;.i'f ir'! jt^'-u"" Dcsign considcra' tions for Lionshcad. ^rli'liJ'i.ilrni..naotion .oni.tning thc. cxtcrior.altcration fcgucst' thc Deparrmcnt,s sral,'r"rorr.nu.d opprouuioi-ir,i &rtti"f nltfiation bascd upon thc proposal's compliancc *i'il;it';i tht 6dslen bonsioctrtions for Lionshcad' Atso cnctoscd and labclccl as Exhibit '8" i!...cop{.9t a mcmorandum dtted Junc l, 198? f rom_th.';'."p.;i;r;,;.*".Cott"ittioi *i-l[rt outti"cs thc Association's rcoucst for r rtcnsity ";;;;;; t" cnctosc ttn.'iltiton"itt in'iiit-ptojttt' Scction IV of that nrcmorandum inOicotcs"it.'fi.p.ri*.nr" po"ition it'tJ ittc ptortotiO improvcmcnts nnd gcncrrr upgrndc or rr,i cnii,-.-;;qj;;i ;;';ld h; -t i."titiy;-il3-t:i "n uscs in thc vicinity, Howcvcr,."oi*i,t,rir'nai'ng thc proposal's aitrnctivcncss. in. tcrms of thc Depart- mcnt's altcrltton c,"tiir, thc Dcpilitmcnllt-:ffi iccommtnoco dcnial of thc ovcrnll rcoucst bascd upon its posirion rh.at thc gruniinl oia'o.nsirv variancc would violate thc iiin;i'tonlng rcgulrtions and ordinances' onJuncl'198?,theCommissionmcttoconsidcr.thcAssociation'sapp|ica. tion, At rhrt mecting iil.'a;;;l;ion tiscus-slo'iht t..ott.ndntions of thc Dcpart' mcnt,s sraff and ulrimttcly_approvcd tt..u"iiti.f on rtte following thrce grounds as ;t"";; i;;; t'i'; *i"urcitit thc commission's mcctins: Thcrc is minimsl pcrccntage of incrcrsed l. GRFA. 2. Substanticl hndsc-aping. and substa-n-tialn im- provcmcnts toiic-iiiuti"rcs will bc done in cxccss ol- that rcquircd' iiirt"rt a'"ti.iot cmphasis of thc 'proposal and docs not includc maintcnancc ano ups;ding which would normal- lY bc rcqu ircd') 3. Uscablc balcon-ies-on the samc clcvation as the cncloscd uatcon'ici*ill tcmain for cach unit' EnctosedandlcbclcdasExhibit"gl-'-t'copyofthcabove'rcfcrcncedminutesofthc 6orntitiion;. mcctinB on Junc I' 1987' Thc Commission,s dccision. tj approve thc proposcd- crtcrior altcrction and dcnsitv vsrioncc was uphcl-d by l.!9 vair-rowf Countii 6n iunc 16" t987' A copy of thc nrinutcs of rhc vail ro'*n council,s mccring ii.-*roi.a and labclcd as Exhibit "D'' SubsequcnttothcVailTownCouncil'sdccisio-nupho|dinethcCommission.s grant or thc vrriancc, t;;""';i";;;i r'i'tnn;;i;;;;;; tctiJr ontco-June 2e' le8? to o La wrcncc E. Eskwitb, Esquirc April 10, l99l Pagc -3- thc Association'! architect, Mr. Tom Brincr. whcrcin she addrcsscd ccrltin questions concctning thc proposcd conslrucliob. In that lcltcr, a copy of which is cncloscd and labclcd as Exhibit 'E,' Ms. Pritz stotcd that thc gcncral sitc improvcmcnts proposcd in addition to thc b0lcony cnclosurcs wcrc 'an important part o[ thc Ptnnning Commission's dccision to approvc thc rcqucst.' Subscqucnt to thc Town Council'r affirmance of thc Commission's grant of thc variance on Junc 16, 198?. thc Arsociation commcnccd work on thc vorious improvc- mcnts conlcmplsted undcr thc variancc. Spccificolly, bctwccn July l9t7 ond July llt8, thc Associrtion cxpcndcd approximatcty $195,000.00 for various rcpairs, improvcmcnts nnd landscaping contcmplatcd undcr thc vnriancc. This work included major cnlrywry irnprovcmcnts, instlllation of ncw balcony railings, new lacic and othcr cxlcrior im- provcmcnts as proposcd in thc Association's originnl Dcsign Rcvicw Board Applicotion. Bctwccn August 1988 and August 1989 thc Association cxpcndcd approximatcly $65,000.00 on additional improvcmcnls and rcpairs contcmplatcd undcr thc vatiancc. including cnclosurc of thc walking bridgc, substontial lan<lscaping, ncw sidcwrlks, drninagc improvcmcnts and balcony railing rcpairs. Sincc Scptcmbcr 1989 lo thc prcscnt, thc Associction hrs cxpcndcd approximntcly $31,000.00 on furlhcr improvcmcnts and landscaping contcmplatcd undcr thc variancc, including consiructior of a dumpstcr ) cnclosurc. Additionally. the Associalion hrs poid approxim0tcly $15,000.00 sincc June 1987 for work donc by its architccts in connection with the proposed bulcony cnclosurcs and othcr improvcments to the projcct contcmplated undcr thc variancc. This figure includcs archiicctur0l scrviccs rcndcrcd in 1991. Wc would bc hnppy to provide you with copics of accosnt lcdgcrs and billing statcmcnts rcflccting thc costs incurrcd by thc Association for such improvcmcnts, landscaping, and orchitcctural scrviccs conrplctcd on bchalf of thc Association. Scction 18.62.080 of thc Town of Vrit Ordinanccs providcs 0s follows: Thc Zoning Administrator shall issuc a variancc pcrmit whcn action o[ the Planning, Cornmission bccomcs final, subjcct to such sonditions as may be prcscribcd by thc Commission. The pcrmit shall lapsc not commcnccd within onc vcar of the datc of issuancc and diligcntly pursucd to complction. (cmphrsis addcd) Our rcvicw of the Dcpartment's filc on thc Treetops projcct indicates that thc Zoning Administntor ncvcr issued a writtcn variancc permit subscqucnt to thc Town Council's affirmancc of thc Commission's grant of o dcnsity varirncc as rcquircd by the sbovc ordinancc. Howcver, we arc adviscd that it is not unusual for the Zoning Administrator to not issuc l writlen variance pcrmit and wc prcsumc thal thii omission hls no substan. tivc cffcct upon thc validity of the vrriancc. Thc forcgoing reflects that thc Association has incurrcd substantial costs for improvements and repairs lhat wcrc spccifically contcmplrtcd undcr thc vrriancc grantcd by thc Commission and thrt many of thosc rcprirs and improvcmcnts wcrc commcnccd wilhin one yctr of thc Town Council's approval of lhc varirncc and diligcnt.ly pursucd as rcquircd by thc ordinancc, As you cAn sce, thc Association has spcnt morc than $300,000 on improvcmcnls which ihc Commission considcrcd as lhc basis for its I Lawrcncc E. Eskwith. Esquirc April 10, l99l Pagc -4- opproval of the variancc, As with most condominium associations, thc Trcctops Associa-tion is a rclalivcly slow moving snd inelficient political body. Howevcr, the Associarion dcliberatcly commcnccd significant and costly improvcmcn(s undcr thc variancc within onc ycar of thc Town Counscl's action ond has complctcd thc majority of the contem-platcd improvcmcnts in continuous st!gcs up to this day. Quitc simply, ihc Association first complctcd those improvcmcnts most important to the Town and now wishcs to bcgin thc Iinal stagc of thc proposcd improvemcnts - thc balcony cnclosurcs. Accordingty, wc lrclicvc that lhc variancc grantcd by thc Commission rcmains valid and cffcctivc and that thc Associotion should bc pcrmittcd to procccd with thc bnlcony cnctosurcs, subject to lhc Dcsign Rcvicw Board's approval of ihe rcviscd pllns for such improvcmcnts. Wc bclicvc that our position is in accordancc with thc exprcss provisions and spirit of thc Town's ordinancc, As statcd by Ms, Pritz in hcr lcttcr to Tom Brincr. thc gcncral improvemcnts wcrc an important part of thc Commission's dccision to ap.prove lhc rcqucst, To deny thc Associrtion pcrmission to procccd with construction of lhosc improvcmcnts which wcrc of primlry importancc to it, aftcr othcr improvcmcnts which wcrc incxtricably linkcd to lhc variancc havc bccn conrplcted, would bc unjust rnd frustratc thc esscntirl purposc ol thc procesr. : As a sidc notc, we are advised by thc Association that thc owner's wishing to cnclosc thcir balconics have agrccd to coDvcrt thcir fircplaccs from wood burning to gas burning in lhc cvcnt lhcy arc allowcd to procccd with thc enclosurcs. Plcasc contnct our officc aftcr you have had an opportunity to considcr thc forcgoing to atlvisc us of your position on this mrttcr and *,hcthcr thc Association may procccd with its Dcsign Revicw Board Application in conneclion with thc reviscd plani for thc balcony cnclosurcs. Your !ssistrncc in this matter would be apprcciatcd. Vcry truly you rs, EELLERSTEIN,HELLERSTEIN AND SHORE. P.C. David DFM/jm E ncls, ,1.-.t--- -c t TO: FROM: DATE: SU&TECT: .W June 1, l9g? A reguest for an exterior alteration to enclose 1O decks and redesign entries t;-i;; Treetops rr Condominium nuiljing Applicant: Treetops Condominium Association r. THE PROPOSAL The Treetops Condominium Association is reguesting an exterior alteration.and oensiiy-v;;i'";;.;=;JI' .u.following co5l1:tlon at tne ireetops Ir nuiraing (east condominium buildirig) : Planning and Envlronnental Commisslon Comnunity Development Departrnent 1. Enclosure of: 5 existing decks 0 :o sq ft per deck 2 . Encl-osure of 3 4 = 195 sg ft = 2f0 sq ft = B0sqft The of 1. 2. 5 existing decks 0 le sq ft per cleck . Enclose pedestrian bridge, Redesigning the existing lobby ancl creating a rrew lobby entry, ' = 2UO sg ft association is also proposing to-do an entire upgracle the existing project whi;h "o,jta tnctude: An added protective entrance at the east entry. An increase of landscaping along the bike path (south side of the proJect). 3. An increase of landscaping at the vest, building entrance. 4.Additions of wood sirting to the east builcling and remodeling of Ure east tluilding balcony raitinqs-to provide a visuat consisrency oi ,iE"iiir*l-a"ilir,and color between Hre two rlsidentiaf Uuiiain;;:-, An upgrade of exterior Iighting. A density variance Is r-egrriretl for the 10 deck enclosures, as the-projeit is already over Hre allowable GRFA. please see the tn"ro "on"erning Ure density variance for a rnore detaiieo anatyri=-6r-fni,reguest. 5. * EXHIBIT i,4,, I .J 'I'lrere are t1o sub-aL-ea concel)t.s 1:r'oposaI. DISIGN cUIDE Pt,Alr l.'ott l,totil;tit.ti,t,r that relate to tltis l IV. CONl)r.,rANClt trIl'tt ,l'il8 URDAN DESIGil CONSTDEnA',I'IOll,S FOlr LIollsnEAl) A.HS.!- : | 9 n a s s__ i n cr : - I[Ls*€j nefgefq!]_gl _e rlp tr g s i :: e s lhe gfeelfE4 of a vrelt-T@ffiEaEo'r5ii-rilc,"i: ----' - p e 9 g a t : le! _! r e a-E oro v epcj*e-I e- I ittgl,:-"!qrr D!rlctrtrgs. It stat.es that,,buildirr $l -6 r i I dt; A *---I GE qEe_Ell-h-dE*i i lj.i if afXi*;; p= ;, u i i .,,,,, cb a I I e m-Eo-;#-F#;-i;--;----- q q r.9!l_ll_cl*l_l_-o_!l I he canyon e f fccb ot Staf f I s opinion is . that the inrproved ent,ry r.rays,Iandscaping, lighting and new sldewalks wlll iurttrcr def ine pedestrian areas. .l.he heiglrt arrd rnas-sinq oti tlre errtry is only orre sLory which corrrl:lies: wjr:tr t!rj:j consideration. t].Roofs: Flat, shed.,-_v_4![!_94_or dome roots arc t"".,pt_.:rtll_n_Foffi iilil$.le_s_fr,.lLgl"otili[-iT-ili,S!-r,ni,t,t'o l.llteg-L:-+5.9-e-LP3-!s'rorrs- tvrLlr exisL--i1t-g--p-Ut-l-tt-i-t:g_g_._lil s+tg-eye.-uli-pi!e:[-s-"i'-f _ffi ii'i:Oi__Lionslread. I rr. coHpLIAlrcE w!.nt :!llE puRposE sEcTIoN or col,,{un Section tB. 26. O1o purpose The comnercial core rr zone dlstrict is int.end€d to provide sites for a rnixture of,multiple dweilings, lodc;cs,and conrnercial establishmerrts ln a cirrst"r.a. - urrif iecl deveropnent. connercial core rr district i;'accorcrarco with the vail Lionshead urban Design -cuiau-i;rirr an(l Des i cjrr corrsiderations is intendecl to errsuie atloquat,e ric;ht, air.]opetr.space and oUrer amenities appropriaie to Hra permitted types of buildings and usei ana to maintain urc desirable quarities of the district by estabrlshing appropriate site developrnent standardi. 'J'his proposal is in conpliance with ttre intent of u)e Conmercial Core II zone district. 1II. cot.il,Lr^NcE l.'r.nt TltE URUAI{ vlsual a functional effect, o ?he appllcant-has proposed an entry addition anct deck addibions th.1r. "rr-""f,poiiui" "iin. u,I-"*iJ,Ji^.J condominium buircrrng. ' 'rrr"-p""posecr entry acrd ition ro building No' r -rras i-r"r--"itd pitch matciring t.rrar of ,re sropecl roofs "n- rroir,"'ci;1";i;i;r.-;;;i;i;.i.rr.c' *g*ffil br.o-c-!.. Iaterials to Tlris proposar. conplies wiilr these nraterinrs, ,r,he entries wilt_be_ f i";;;. -rjori"ontal voo<t siclirrg wi I I be added to Buildi"a-i; t"-ior.r, Builrting ill. ,r,rim colors and stain .of"i" ,rir'i-rot"tr for both buil.dlngs. Even though this proposal is a residenEial exparrr:io',rt should be noted il]rae the n"w-Jonstruction vri.t | .,,have an aclequate amounL r.l f transparctrcy tlrr.orrrrllttrr:.the exp.rnsion. ,I'he ner,r ";ar:r-i.,"'! mitrty wirr,.l<.rr.rr; .rrrr,!:lulJ"" bay wirrdoers al-c Jrroposecl . t tttc l:crr |.c;r(: iu':i of tlre b.rlconies ror ,t,reeio;;-;i.' ' T'is consicleratio' refers prirn.rrily to uonrnrcrcirrl decks. As the . appl iJan[ f,ls srate.t, ,,1.t1!.rovr existing balconiei-on tJuif.itnn ,, are proposect to be enclosed-by b?y windows. r,rreie existiij-6ilJoni""are not furrctional in terrns of providi"d =.oIi"g for dlning, sunnJ.ng of -any ;a;';r'outdoor activitv.,,Remainins deck-and uaic"nv-iairins=-"i-sriijirg la ;i: r" be replacect h,irh r!,irine.-'i,it"iiiij-iIir.rin.r F' fiii{'11r-5'"''r t rons_ lleacl qr D. a qrouna or second-Tl667-iiye-rl Facades,/prinari I TrangparencV: 1gqnd floor Hfu,,.ffi encoura es ttre use o tt i ndovJrt or storcfro.ltti-. D.ry+]ll Patios: t,lrnctional decl::s or pacios *xt'_-f rPiilost ffi #-#3ui*iu*:":F:T+'tt;_-9.8.r9_9r. I rrg. e_l.gngp i.,tlfaQecl . o .' i l'lrrrr- r-rr^;,i;#i:+ r9-L r 9 I {v--elgo llra-g e..!, * F i !-.' i tTr,r r' - t i r e ._... ...-.__.._. _:.:_-. l'he $pplicant lras.statecl that, ,r.fo assure tlrac tlrcre is no loss of relief to-tfre-Jiutir'facade i.rt Btrilding f2 due to balcony^encl.osures, awnings are proposed to be integral with-tf,. U"y-"iiioi-a'=serury. Awnings wirt be canvas, vith " ;.i;;-;;d'pacrern acceptable to Design Revierv Board. -eaaiii.nlr ronc="eping at the wesr entry and alons il;-;ily:re parh rrill inctude annuai ftowers inj"=r,i"i{l rrew tishring is also proposed for. rte enrirI"n.J;;... staff,s opinion is that the_accent eflrneii guiclcline refers mcstly to conmerciof areas. --;;;;; ::g_1:lg:";d if.pr""emenrs wirr onii, r;l:.i:nl;:"t appearance of this project,. our-opinioi-i=-tiii cn"ar'rnings are not necessary to rnaintain reI j.ef to tt:J :::.:l facade. Horyever, Lhis is i oesign Fevie,,r Eca:.::ISSUe. G. v.( The proposal adds adCitional landscaping in the area of the west entry and on tn" "outr, sicie of the proj ect.. Staff believes that these irnprovements are in compliance wirh this consiJ"lari"n-"hi";-;n;;"ra9es the use of p).ant material io accent u"iioingn. * STAFT RECOI.${ENDATTONS Sieff reconrnencls apprcval cf the exterior irlcel.ir jcn request. rt is our.opinion rhat the prop.=ii-;;;;ir""wich al1 of the nesigir c.r=iJ"iiions for Lionsheai. The project creates signiriconi-irnpiJi"**nt= to the Tr:eeic'S Proj ecc -"'F-' L \-' L;re I re I ,.;./,t''*"--o I. TO: FROM: DATE: SUBJECT: APPLICANT: II. o Plannlng and Envlronrnental Comnrl.ssion Cornrnunity Development Department June l, 1987 A reguest, for a density variance to encLose 10 decks at the l'reetops Condominium Uuilding {2 Treetops Condominium Association DESCRIPTION OF VANTANCES REQUESTED The Treetops condominiunr Association is requesting a density variance to encLose 10 existing outdoor decks on the south side of the building. The 'l'reetops Building {2 is tlre east building behind the Treetops comnrercial building. Five of these decks are 39 square feet each and five are 46 sguare feeE each, which creates a total additional GRFA request of 425 square feet. The existing GRFA on tl're site is 36,169 square feet. l'he allowable GRFA in Commercial Core II for this project is 30,952 square feet. The project is presently over the allowable GRFA by 5,4L'7 square feet. If this request is approved, the project would be 5,842 sguare feet over the allowable. BACKGROUND ON TIIE REQUEST fn August, of 1983, the Treetops Condominium Association requeited a rezoning of their property frorn ltiglr Density MuIti-Famif y ( .6o) to Comtnercial Core II (.80) zoning. 'l'his reqrtest was made in order to cottstruct the commercial expansion to the north of the trvo residential buildittgs. Under lligh Dertsity Multi-Farnily zoning, the project was allowed 23,2L4 square feet of GRfn. Due to the rezoning, tlte project is now allowed 30,952 sguare feet- The rezoning increased the allowable GRFA bY 7,738 square feet. In January of 1984, the Condominium Associatlon re<3uested an exterior llteratlon in order to add the retsail expansion above the existing parking structure. In JuIy of 1986, a request was rnade to enclose 1O decks for an additional GRFA of 665 sguare feet. Staff recommetrded deniat of the request. The Planning Cornmission moved to deny the request, as it was felt that it would be a grant of special priviJ.ege to approve the additions. The vote was 6-o in favor- of the nrotion. The Treetops Condominiurn Associatiotr appealed the Planning Cornmission's decision to the Torvn cbuncit. The Town council upheld the Planning cornnrissiolr's decision to deny the request'. t ;iHlr I rII. ZONING STATISTICS Zone Dlstrlct! Conmerclal Core If Site Area: + 39,690 square feet'r GRFA: (.80) AllowabLe: 30,952 sf Existing: 36,359 sf Ant. over al.Iowable I 5, 4 t7 sf Proposed: 5 decks I 39 sf = 195 5 decks g 46 sf = 230 l'otal Proposed i 425 sf Amt over after additions: 5842 sf Total GRFA after additions: 36,794 sf Units: Allowed: 22 d,u. Existing: 26 d.u.Proposed: o Conrnon Area: (20t of Allowable GRPA) Allowed: 6,190 Exist,ing: 4, 39o Proposed:bridge 80 Iobby 260 Existing & Proposed 4,73o Remaining I,460 Site coverage: (7o*) Allowed, 27,093 sq Existing: 21 ,670 sf Proposed i 30o sf Exist & Addit. 21r97o sf Remaining 5,113 Ef Setbacks I Requlred 10 ft all sides. No impact with proposal I v. density variance. Due to the fact that it is dlfficult to make the arguments of physical hardship and lack of special privilege wlren reviewing a density requesL, Ordinance il4 of l9B5 was adoptecl to allow for snall GRFA additions witl'rout the need for variance approval. Unfortunately, this ordinance does not.provide a neans for allowing additions to units ln nrulti-fanily buildings. Units of tlris type were omitted, as the Town Council and Planning Conrmission were concerned about the potential to lncrease the bulk arrd rnass of nrulti-family builttings to .r point where tltere would be lret;ativc inpacts due to the .rddiEiorrs. Legal issues also conLribuEod to tlre inability of this ordinance to occornnrodate nrulEi-fanrily additions. In respect to thls request, Ordinance fl4 does not:provide any relief from having to review nrulti-fanrily additions witl'r tlre density vclriance criteria. 'Ihe effect of the requested variarrce on liqlrt and air,gE-i@r.l s p-eEEe-lFn qrril-E': a F'r i ;j Ltc.il"i]&s-__-p'iti]E_-ea!if'q_&s__+ir{_],Ejli!Ie}; J1_'ri-11ii1i 1c; sg.!s!Y_: t'here are no significant inpacts on any of tlre above factgrs. REL,^I'Eg POLICy IN VAIL'S Col.rMgNl'Y -nCTIOr'r_I'tl!! Community Design 2. Upgradlng and renodeling of structures and site improvements should be encouraged. 5. l'laintenance and upkeep should be a priority of ;rroperLl,owners and of the Town. Tlris proposal for the deck enclosures and the other genernl inrprovements to the project su1:ports the Comnrunity Action Plan policies. such other factors anc{ criterio as tlro conrmission tlcctns E@Ett-i. tr. nr. r*rp"=.d__t"ff_qirg-c-r_ VI . FINDINGS The Plannincr and EnvironnetrEal. Conmission shalI nake tlre ffi@,- 'That the granting of the variance wiII not constltute a gl:int of special privilege inconsistent, vitlt the linrit.rtiong otr other propertles classified in the sanre district. o Landscapinq: (2ot of site area reguired) Required: 7,738 Existing: 12TOOO Heiqht: AIIowed: 4g I Pa rklng: Existing and proposed: sane the urrits that have clock expansions lrave existirrg GRFA totals that range fron 1315 sf to 1326 sf.'I'he deck expanslons of 39 sf or 46 sf do not lncrease the sguare footage above 2,OOO sf which is the breaking point for additional parking. I'otal site area was calculated by Bud Stikes, .I'he Engineering Group, fnc. property lines do not close, so square footage is-1 38,690 square feet. rv. sf af approx. sloping, 45r flat and Findings, Section 18.61..O6O of Departnent of Comnunity Development.requested variance based upon the Upon revier.r of Criteria the municipal code, the recommends denial of the following factors: Consideration of Factors: reattnerlb anronq s The additions are cornpatible with the existing uses in the area. The general upgrade of the entire proJect will have a positive irnpact on uses in the vicinity. necesffii6Tif6 ana uniFornfiT; oi Staffrs oplnion is that this reguest would be a grant of special privilege due to the fact that there is no physical hardship which would warrant the variance. It is the applicantrs responsibility to prove physicat hardship and the fact that the granting of the variance wllI not be a special privilege in order to get approval for tlre The rera!,lolship of lhe requested variance to ottrer existincr g r p o t e n t i aJ u s e-E-E n a-EEEEEI u re s fiTE e v lEffrT-t rf- o o That the granting of the variance will not be detrirnental to the public health, safety or welfare, or materially injurious to properties or irnprovemenbs in l-he vicirriLy. That the variance is warranted for one or more of the f ollowincl reasons: The strict or literal interpretation or enforcement of the specified regulation would result in practical difficultly or unnecessary physical hardslrip inconsistent with the objecLives of tlris title. There are exceptions or extraordinary circumstances or conditions applicable to the sarne site of the variance tlrat do not apply getrerally to other properties in the same zone. VI 'Ihe strict interpretatiorr specified regulation would privileges enjoyed by the the same district. S1'AFF RECOMMENDA'I'I OI'I or err f orcemetrt of thc deprive the applicanl- of owners of oi-lrer properties irt Tlre proposal involves both a density variance attcl exterior alteration request. The exterior alteration criteria are used to review the design issues related to the request. Even tltough the proposal compares favorably givetr the alteration criteria, the staff nust recommetrd derlial of the overall request, as we cantrot supPort the density variance. The original concern of the council and comnission cotrcertling rnulti-family additions was that the buildingrs bulk and nrass may be incrlased to a poinE where negative. impacts would oclur from the expansions. fn this situation, the expansion and overall improvernents to the property are considered to be positive. ltowever, staff must abide by l-h r: variarrce criteria, ancl tfierefore must recomtnend detr-iuI of t]ta request. Basically, the staff has the same position tlraL was outlitted in the .:ury ra, 1986 menro wlren 1o deck etrclosut'es rvere als<.r being considered for tlris projecL. Ib is true tlrat Llrere arc no signif icant ilnpacts resultinq f rorn tlris prol:osuI ' llorvever, tlre staff does feel that it would be a grant of special privilege to approve the reguest. IE must also be noted that the property is over the allowable GRI'A attcl nuntber of unibs for developmerrt urrrJer Couunercial Core 1I zonitrg. rr; L-y4!,orrq!s!sp In accordance with that.provision of 0rdiuance No. 4 allorving for an increase 0f,250 square feet to-single arrd duplex dvrel'l ing u,,its as art induceurent for tlre upgrading of axistirrg structures, tlre-Trcetolls Corrtlornirriunr seeks a variance to allorv a total additiorl of 425 square feeI to tlrc existing GRFA total of 35,971 square feet - arr increase oi r.l:; The proposed additional GRFA conrprises of 4 balcorry enclosur.es anrl I deck enclosure at 39 square feet and 4 balcony enclosures arrd I deck errclosure at 46 square fee[ cach. The balconies to be enclosed are 3.5 feet wide. They provide little to no rooul for outdoor furniture, i.e. no outdoor activity, Lut hovc beert utilized os storage arcas visiblc frorrr tlra vicirriLy of tlrc bil.e pal"lr. The area is being added to the living roonrs, not the be<lroonts thus thc bed base and,/or density will not be increased. The lequest and subsequent approval of this variarrce is neccssary fr:r' the Association's approval of the entire up-grading package rrlrich i rrc I udes : l. Added protected entrances to botlt buildirrgs.2. An increase of landscaping along the bike patlr.3. An increase of landscaping at the west building errtrance. Tlris feature faces tast Liortslrc.rrJ Circlc arrd vrill proviue a urore uttractivc public forcground to thc buiIdirrtl .4. Additiorrs of wood siding to the c('rsi l)uilding and rclrodclitr'1 of thc east buildf ng balcorty rai lirttts to provide tr vi5ull consistency of nr.rterialSr dctrril ,rnd color bcttvcert thc trvo residerrtial bui ldings.5. An ulrgrade of ex[erior 'l iglrtirrg. A-l The requested variance does not effcct other existing or potential uses and structures in the vicinity. A-2 The literol interpretation of tlre ordinance:a. I'lakes inrpractical the use of existing bolcony slrace for i ts interrded use as an outdoor si ttittg .rrao b. lrronrolcs continuing dif ficul Ly oF pol icing and rraintairtirtg the given balconies due to their propensity to be utilizetJ as general storage areas c. Precludes unit olners ft'orrt taking odvontoge of intJuccrnertt offererJ other (single and duplex) urtit ouners to upgrade thei r properties d. 0isallovrs at tlris tinrc a structulerj, unif icd and visual ly consi5tent approaclr to lralcony enclosu|.cs that otltervise rniglrt not occur if and wltert 0r'dinattctl lltt.4 was to lrc anrcrrdctl co inclurJc rrrulti-furni'ly lllojccts e. Precludes any of thosc advatttages to urtit owners through addi tional GRFA that ltave accructl to unit ovJtters itt tlther pro jec l-s who ltave c I arrdes ti rrrtl y erlc I osed tbei r ba I cott ics I VISUAL IHPACT OF REOUEST - 500 sq.ft. al louable addi tion to GRFA = 101 of total COMPARISOII OF I.IPACT ON ALLOI.IAOLE GRFA VS ACTUAL GRFA Comparfson indicates that the allowed visible inrpact of a duplex nray be 9 ti'rc,s greater than that requested by Treetops. Tree tops 35971 sq.ft. Reques ted 425 sq. ft. addi tion :e actuol GRFA = l.l1 of total Reques ted 425 sq.ft. addi tion = l.l1 Allorvable GRFA: 3t240 Requested 425 sq.ft. add i ti on = l.3Z Ac tua I GRFA 3597l The requested 425 sq.ft. has almost equal significance vrhen conrpared to ure Al lovrable GRFA and Actual GllFA. The dif fereirce is .z% or 60 irluare feet. The applicant believes that the variance request is a reasonable lrade off against the several upgrading inrprovenrents that wiII add benefit as vrelI to the Lionslread appeararrce. A-3 The_request-variance does not effect distribution of populaLion, transpor!ation.traffic faci I i ties, uti I ities and publ ic safety. Dupl ex 5000 sq.ft. .-< the chairnan, Jin Viele. t.Approval of ninutes of 4/27 and 5,/11. A rnotion Planning and PRESENT .bilEiE-Donovan Bryan Hobbs Parn Hopklns Peggy osterfoss Sid Schultz Jin Vie1e ABSENT J.J. CoIIins The nreeting vras called to order by Kristan Pritz explained the elevations. She explained of the exterior alterations Environrnental Comnission June 1, 1987 STAFF PRESENT Peter Patten Xristan Priti Betsy Rosol.ack was nade approve reguest, showing site plans and that the staff recommended approval by Diana oonov@n Hobbs to both ninutes. The vote was 6-0 in iavor. Applicants: Neil. End llancv Austrian Kristan Pritz explained the request and showed site plans and elevations. She stated that the existing garage and covered stairhray currently project about 2.I feei into the front setback at the structurers northwest corner. The variance requested was for 2.1 feet into the front setback area. The staff reconmended approval of, the reguest. Buff Arrrold,architect representlng the appJ.icants further explained the reguest. Xristan added that there y/ere at present, two kitchens in the primary unit, and that one nust bi renoved prior to construction of the requested addition. Diana Donovan moved to approve the request per the staff meno plus the condlt,ion that one kitchen be renoved frorn the prirnary unit. Bryan Hobbs seconded the notion. The vote r,ras 5-b in favor. Are est for a front setback variance in order to area a e a c'ara e on .'Lot 8, Bloc Va aqe 5th. re est for an exterior alterat,ion and dens it var ce n order o enc ose 8 baLconies ecks at the s Condom 452 onshea Circle. e t I HIBIT ,C" I-pTFant : Treetops condoninium Association and denial of the density varfance. Torn Eriner, archltect representing Treetops, pointed out to the board that the staff nust look at the property in black and white, but that the board could look at the giey areas with respect to the zoning regulations. He stated that the increase in GRFA r+as nininal, that the decks proposed to be enclosed were useless because they srere so small and that they were unsightly because the owners merely used the decl:s for storage. Pan Hopkins fett tbat these !'rere good argunents in favor of the variance reguested, but stated that she did not have a legal way to approve the decks. She felt the improvements would enhance Treetops Condos. Sid schultz agreed with pam and askecl if the staff rrould look at Ordinance 4 again to try to fincl a way to include snall changes to rnulti-fanily buildlngs. Diana Donovan felt the enclosures urere not decks, and that she could not vote for the enclosures as enclosed decks. She felt that the space was used as a walkway, not a deck. Kristan stated that the concern when writing Ordinance 4 vas that balconies and decks would be enclosed and resutt in flar.facades which irnpact rnass and bu1k. ft was dif f icult to knov.,uhere to draw the line, perhaps a percentage of existing GRFA would be appropriate Peter asked if all the units which would enclose their decks had other out.door space, and Briner replied that aII of the units did have ot,her outdoor space. Briner al.so stated t'rat all of the windows would becorne bay windows which would .- .'e relief to the facade. He added that awnings would also be added Jin Viele thought perhaps there could be a way to reward inprovernent to the property with additional GRFA. tte felt that the set of criteria r,,ras narroh, and added that the inprovements to Treetops were more beneficial than negative. He also felt it would be good to go back to Ordinance 4 to see if changes could be nade with reference to multi-farnily units. Linda Average, one of the Treetops owners, stated that one reason Treetops wanted to do this now was because of the 1989 World Cup races. She stated that they were vrilling to be the scapegoats because she felt they would set a good exarnple for the rest of the connrunity and inspire others to fix up their:property. Percentages of GRFA increase were discussed. Tom Briner estinated that 75t of dollars to be spent on the proJect trould be for enclosing the decks, and possible l5t for landscaping. Diana felt there nust be sone r^ray to allow proJects which benefit the connunity to such an extent as this.Peggy osterfoss asked how long it would take to have a work session and effect change, and Peter answered it could be 3-4 rnonths before there would be a change in the law. Peggy felt a policy ''Li|if t'$t,'t lr-, change was needed. Panr fel.t that this was euch a rninimal amount of GRFA it would be a good standard on which to bii I a policy related to percentages. Diana Donovan noved and Hobbs seconded to approve the variance on the basis that this is the type of project the town would Iike to see for three reasons: 1. There ls a mininral percentage of lncreased GRFA. 2. Substantial landscapinE and substantial improvenents to ' the structures rrlll be done in excess of that reguired. (This is a rnajor emphasls of the proposal and does not include rnaintenance and upgrading which would nornally be required. ) 3. Useable balconies on the same elevation as the enclosed balconies wiIl rernain for each unit. The vote was 6-0 in favor, Diana Donovan nroved and Bryan Hobbs seconded to approve the request for the exterior alteration. The vote was 6-0 in \ favor. vwrry;r't nar7n6 denial . Tom stated the Plannlng commlsslon had recommended approva'l of.the eiiension for,one year only wttF the following reconnnendations to Council: l. The Town Councll look at the parking requirements; it seems they may be overlY restri cti ve. Z. The Appllcant lnitlate talks with the Vail Valley l4edlcal Center like last year regarding shared Parking' Peter Jamar, representlng Vail Holdings, urged.the Council.to hire a third pafty to ;i;;; iil;i, r,6t.ir, eti. parkins.neids; he did not feel it would be near as mucn ii-ri.t-rrit iequired. He cbmmentld the Applicant would agree to a twelve month ;;r;;; inO grd landscape plan is underway'and should be done by September,l' 1987' nit..-ror. discussion by Council, Mayor Johnston made a motion to approve the ;;;;irIi;;,-conditional on the landslape plan being conrpleted. Kent Rose seconded the motion. A vote was taken and the motion p.ts.i 4-1, with Eric Affeldt opposing' The next item of business was an appeal of a PEC decision on a request for a density variance to enclose ten decks at Treetops Euilding No. ?. Eric Affeldt called up t,his item because rr.-noti.rJ they were breaking niw ground by enclosing the decks' i.iitrn-pritz reviewed the reasons the PEC approved the enclosures: l. There was a minimal amount of increased GRFA' 2. substantial landscaping will be done in excess of that required with'the fact that tfrii was i tljo. emphasis of the proposal and did not include maintenance and upgradiig whith wou'l d norma'l ly be requ'i red' 3. Balconies rema'i n for each unit and are usable' Peter Patten gave additional background information on the item' staff recommended approva) of the exterior a'l terati6n, but denial of the density variance' D'i ana Donovan commented on *f,y inJ tto* th; PEC made its decision' Tom Briner commented on why he felt the varianc! should be granteJ. Gordon Pierce made a motion to uphold the Ptc decision to approve the request, and Kent Rose seconded' A vote was taken and the motion passed 4-1, with Eric Affeldt opposing' Under Citizen Participation, Diana Donovan remarked she was upset that the-four-way was cold and uninviIi[g-no"'*ith the nevr street lights' Stan Berryman explained the design approval, uv-ini iiit", and that we actually were able to get ten foot ito.i.t posts and non-standard lights approved' Ron Phillips stated there would be no Town Manager's report' Therebelngnofurtherbuslness,themeetingwasadjournedatl0:50p'm' Respectful lY submltted' ATTEST: c o lnttn ?5 routh fronbga rord t ll, Golorrdo tl657 (303, 't76-7000 June 29, 1987 ofllcr of cornnunlty drvrlopmrnl Mr. Ton Briner 143 East Meadow Drive VaiI, Colorado gl6s? Re: Treetops Deck Enclosures, Sunmer l9g? Dear Torn: Recently,. you called me and asked if rt was absorutery reguived that all the decks_at the Treetops proie-i-ue-c"istructed at the sarne tine. Thls questlon arbse-au6 to tne rict that one or two of the condoroiniuln owners are not aure io-go inrough with the construction for various reasons. r.suggested two alternatives for handling the situation. The fl":-t approach would be to take out a uuiraing-perrnit for arr of the deck enclosures. The generar site iipioieients wourd also have to be incruded unoei ttre uuiiiir; ;;rrit. The sire irnprovements were an import.ni pirt of the-pianning Conmissionts declsion t6_appro.rl the reguest. -- ii--V"u choose thls. alternatlv., lt wourd^Le required that arr of the decks be constructed accordlng_ to plan before a ternporary -ertificate of occupancy would be released. lthis alternatlv" inoura onry ue--used if you feel very eonfiaeni- inat the condominiu,association will be lrte to convince the two ordners that they should participate rn the construction or-fi.-;;;k enclosures.r suggested this alternative only rt it-i""r.a """v realistic that sone vay could be found to iay fri tt"'tr"-I"'.x enclosures. llg :.:?nd. approach would be to revise your proposal and resubnit the design-to the Design nevieiv soaia.' once again, it y:!lq_!" important,. for the sen"iir "it. i"pi"ii""it, to be lncorporated into the new pioposal . once you have received Design Review Board approvit,'" uutraing-pi,iir[-c"uro be taken out for the project. txHl T B I I o o After talking to you on Frlday, it seens that a new subnittal ["-t[.-plsfgi ne"i"w Borrd ls-lrobably the wLsest approach. It now appears-that other condorninlun ostners-may not want to partii:ipate in the deck enclosures and this could present broblerni if vou use the flrst alternative as far as Eetting a -t"rp"i.iy-c.iitft"ate of occupancy. In addition, the final applaranie of the south elevaLion- of the building would be cirinqed to a qreater extent, as nore than two ownerg are er"i[i"ni"g pirttctpation in tne proJect' Thl's change would tlXety varrant DRB revlew. letter clarifies our conversation over the phone' ;;t;;t i"iilrtr help, please feel free to calr me at 111. Good fuck I hope this If I can be {76-7000 ext SincerelY, (';il*tih Kristan Pritz Town Planner XP:br cc: Peter Patten I enjoyed meeting with you the other day, and is not what you would have liked, but I think Sectjon 18.62.080 of the Municipal Code of the riff r ', I am sorry that my opinion it is required given Town. If you have any questions concerning this matter, please don't call me. Very trqly .._--.,. a--- i--- - l'L'/L l./-f y0urs i Drtir,'-ftL Larry Eskwith Town Attorney rPR 2 2 1991 1i6151;;t5,irr, l{eller:iitirr b 3lotc P C' ?5 louth trontaE. rord vall. colortdo 81657 (303) 179.2107 olflcc of town rttomoy April 18, 1991 Mr. David Murray Attorney-at-Law He'l Ierstein, He1Ierstein and Shore, P. C. P.0. Box 5637 Denver, C0 80217 In Re: Treetops Condom'i niums Density Variance Dear ltlr. Murray: After reviewing your letter of April 11, 1991, dealing with the Treetops Condominiums Density Variance. as I stated to you during our neeting of the other day. it is my opinion that the variance which was obtained in 1987 by your client has now expired and that if your client still wishes to proceed with the desired improvements, it is necessary for them to once again obtain a variance from the Planning Commission of the Town of Vai l. :J9t !''.r. - 'l',{rl MACKINToSH BRowN P.C. ATToRNEY ar uw TWO UNTTEO BANK CENTER | 7@ BRoAErwaY, SUITE I 5O5 D€NVER, CoLoRADo 8O29O ApriJ. 22, L99L TELEPHoNE (3O3) 494.04@ FAX (3O3, 4398262 Attention: llike llollica Planning and Environmental- Cornmission 75 South Frontage Road Vail, Coloracfo 8f 657 Re: Treetops Balcony Encl.osures Dear Mr. Mollica: My wifer son and I own Condominium Unit 2-C in Treetops II in the Lions Head area. The following is a sunmary of the history of the proposed balcony enclosures for Treetops II. On ,fune t, L987, the Plannlng and Environrnental Commission ("Commission") approved a variance for the enclosure of eight balconies and two decks at Treetops If. A copy of tbe minutes of that meeting are enclosed with a drawing to illustrate the proposal. You will see that the Cornnission worried about increasing the GRFA but decided that' since the Association was going to make other substantial land- scaping and structural improvements in tirne for the | 89 World Cup Races, the variance should be granted. What your records may not reflect is that this proposal was urade by Linda Averch, who was then the president of Treetops Condo Association, without the knowledge or aPproval of the members of the Association. When the proposal was finally disclosed to sone of the members, it was pointed out to her that the Treetops Covenants reguire approval of a najority of the members for any additions, alterations or improvements to the general and linited common elements of the Association I'n excess of $120.00 in any one year. These balconies are lirnited corumon elements, which by definition are part of the general corunon elenents. After aeveral neetings with the mernbers of the Association, this proposal was finally- subrnittecl to a vote of the nembership along with ten other proposed improvements. lFhe results of this balloting dated April 22, 1988 and prepared by,Jerry D. L,add, who was the new president of the Association, is enclosed. The baleony enclosures was defeated. Planning and Enviroruoental Commission epril 22, t99L Page 2 As you know, most of the other work approved by the members has been completedr including installation of neyr railings on Treetops II which match the railings on Treetops I. The two buildings now complement each other and present a uniform statement. The new proposal is to enclose different porti-ons of the balconies in the E stack only and two of the four porches on ttle ground floor units in the C and E stacks. The proposal is therefore guite different from what was approved by the Commission on June 1, 1987. This new proposaL was approved by 62.86t vote of the Treetops members at the annual meeting in December of 1990r but part of that proposal was that all costs of the improvements, including architectural., engineering and legal expenses, are to be paid for only by the owners of the seven condo units seeking the enclosures. Aside from the increase in the GRFA which these enclosures would irnposer it is the feeling of some of our membership that the solid glass face on one side of Treetops II building wiLl impair the uniformity and slrrnrnetry which was achieved by the remoilelling in 1988 and 1989. I wou1d. appreciate being kept informed of all deveLopments in this case. Sincerely, ,// rl ,r/ / ' /-- ,4 /?c" //// f I 6 ^.'h,' 4 U)t-a.-.^,--" Me,cxrnros# gh.owN I l'18: ms Enclosure ( PRESENT DllEaESonovan Bryan Hobbs Pan llopkins Peggy Osterfoss Sid schultz Jirn Viele ABSENT JFEollins The neeting was Kristan Pritz explained the eLevations. She explained of the exterior alterations o PlannJ.ng and Environrnental Commission June 1, L987 STAT'F PRESENT . PeEer EEten " Kristan Pritz Betsy Rosolack called to order by the chairrnan, Jim Viele. for front setback variance in order to ex leside4tlal area above a ctara e on Lot a llaqe 6th. t. @ 4/r? and 5/11. A motion was nade Iry Diana Donovan and seconded by Bryan Hobbs to approve both minutes. The vote was O-O in favor. st an m sg oc a 4 e I 2. (Kristan Pritz explained the reguest and showed. site plans and erevations- she stated that the existing garage and covered stairway currently project about 2.I feet into-the front setback at the structurets nortbwest corner. The variance requested was for 2.1 feet into the front setback area. The staff recomnended approval of the request. Buff Arnold,architect representing the applicants further explained. the request. Kristan added that there were at present, two kitchens in the prJ-rnary unit, and that one must bl removed prior to construction of the reguested addition. Diana Donovan rnoved to approve the request per the staff memo plus the conditLon that one kitchen be rernoied from the primary unit. Bryan Hobbs seconded the notion. The vote was 6-b in favor. }_fSguest,for ?n exteri varrance ln order to enqlose g balconies and 2 decks at Applicants: NEif and Nancv Austrian e Tree Con ums l.oca at 452 Eas Circle. 3. t'reguest, showing slte plans and that the staff recomrnended approval and denial of the density vaiiance. 16_IGnt: Treetops condoniniun Association (Ton Briner, architect representing Treetops, pointed out to the board that the staff rnust Iook at the property in black and white, but that the board could look at the gley areas with respect to the zoning regulations. He stated that the increase in GRFA was minLmal, that the decks proposed to be enclosed were useless beca[se they were so smal]. and that they were unsightly because the owners merely used the decks for storage. Parn-Hopkins felt that these were good arguments in favor of the variance requested, but stated that she did not have a leqal way to approve the decks. She felt the irnprovernents would enhance Treetops condos. sid schultz agreed with pam and asked if the staff would look at Ordinance C again to try to find a way to include small changes to multi-family buildings. Diana Donovan fert the enclosures were not decks, and that she could not vote for the enclosures as encrosed decks. she felt that the space was used as a watkway, not a deck. Kristan stated that the concern when writing ordinance 4 was that'barconies and decks would be enclosed ind result in flat facades which irnpact mass and bulk. rt was difficult to know where to draw the line, perhaps a percentage of existing GRFA would be appropriate. Peter asked if all tbe units which would encl-ose their decks had other outdoor spacef and Briner replied that aLl of the units did have other outdoor space. giiner also stated that all of the windows would becone bay windows which would give relief to the facade. He added thlt awnings would .also 6e added. ilin Viele thought perhaps there could be a way to reward inprovement to the property with additional GRFA. He felt that the set of criteria was narrow and added that the irnprovernents to Treetops !'rere more beneficial than negative. He also felt it would be good to go back to ordinance 4 to see if changes could be made with reference to rnuLti-farnily unlts. Linda Average, one of the Treetops owners, stated that one reason Treetops wanted to do this now was because of the 1999 world cup races. she stated that they were will_ing to be the scapegoats because she felt they would set a good exarnple for the rest of the connunity and inspire others to fix up their property. Percentages of GRFA increase were discussed. Torn Briner estimated that 758 of dollars to be spent on the project would be for enclosing the.decks, and possible 15* for laniscaping.Diana felt there must be sone way to al_low projects which benefit the community to such an extent as tfri!. peggy osterfoss asked hosr long it wourd take to have a work-iession and effect change, and Peter answered it courd be 3-4 months before there woul-d be a change in the law. peggy felt a policy ( \ ( I \ change was needed. Pan felt that this was such a nininal arnount of GRFA it would be a good standard on which to base a policy related to percentages. Diana Donovan rnoved and Hobbs seconded to approve the variance on the basis that this is the type of project the town would like to see for three reasons: There is a ninirnal percentage of increased GRFA. Substantial landscaping and substantial inprovements to the structures will be done in excess of that reguired.(This is a rnajor enphasis of the proposal and does not include maintenance and upgrading which would normally be required. ) Useable balconies on the same elevation as the enclosed balconies wiLl rernain for each unit. The vote was 6-0 in favor. Diana Donovan moved and Bryan Hobbs seconded to approve the request for the exterior alteration. The vote was 6-O in favor. 1. t .Dt 2' (,t"Y )rfr*,f* 3. ( t o o n .9;+o 6-.F- \) '{ I \-ll -l ^ol t\l r\l \(J I rl rill ul vl FI 'l ,l x 1U- A -z .1- ctl lr I \t t-t -: ;\ -al HI{S E Eltu E Iil- $'i N pl T.N '+ To: From3 Date 3 Re: Treetops Condominium Jerry D. tadd April 22, 1988 RESULTS OF BAILOTING Treetops II. JERRY D. LADD Association <4 (, ,/ A total of 28 of the 29 units in Treetops I and Treetops II completed and returned their ballots regarding barcony-enclosures,items of repair and maintenance, and proposed-new impiovements. A clear consensus was achieved on eight out of ten items on the lallot regarding repairs, maintenance, and new improvements. An individual recap of each item follows: ftem #1: Repairs and maintenance in the corridors - approved by a vote of 25-yes to 3-no. Itern #2: Repairs and maintenance in the stairways - approved by a vote of 25-yes to 3-no. Item *3: Repairs anil maintenance to the bridges between Treetops I and Treetops II - approved by a vote of 24-yes to 4-no. Item #4: An enclosure of the elevated bridge between Tree-6F-Ti and the upper level garage - defeat6d by a vote of 0-yes to 28-no. Item #5: New entryways to Treetops I and Treetops enclosure around the trash dumpster - the vote was I6-no, but two of the 'no' votes were conditionally were Ln favor of some improvements to the entrance tops II and to the enclosure of ttre trash dumpster. A new entrance to Treetops I has been voted down. lhere is an uncertain vote regarding the entrance to Treetops II. There is a tie vote on the issue of a dumpster enclosure. Item *6: New balcony ral rallings for Treetops II and repaired II ancl an 12-yes and cast and to Tree- railings on Treetops I - there were 14-yes votes and l4-no votes, but four of the ono' votes were conditionally cast,expressing support for the repair of the Treetops I railings. There ls najority approval for the repair of Treetops I railingsr and a tie vote on the issue of nevr railings for 2O5O Wrsr Srvrrurx Avervtr r &r,rwn brocnm r 80?04 r l3o3l 573-6442 Treetops Condominium Association April 22, L988 Page Two Item #7: New windlows on the east side aE?ffid by a vote of 5-yes to 23-no. - Itern *8: New siding and painting for ffite of lo-yes to l8lno. of Treetops II - Treetops II - defeated K( Item *9r Landscaping of the lawn adjacent to the bike path -Aefilted by a vote oi 9-yes to l9-no. Item #10: Upgrades to the boilers in Treetops I and Treetops II - approved by a vote of 22-yes to 4-no. The €nclosure of the balconies on Units 28, 38, 4E' andl 5E was defeated by a vote of 13-yes to l5-no. The Boardt of Directors of the Treetops Conclominium Associatlon has not had a chance to meet and discuss the results of the balloting'but there is a dedication on the part of the full Board to properly executing all items of repair and maintenance during the upcoming surnmer season so that Treetops I and Treetops II will enter the next hrinter season in tip-top shape. In acldition to the repair and maintenance included in Items *1, #2, and #3, action wiII be taken to remodel and repair the entrance to Treetops I and to repair andr/or replace all of the balcony railings as appropriate. The necessity of replacing the balcony railings on TreetoPs II wiII be carefully investigated, ancl if necessary, will be uncler-taken. In addition, the Board wiII identify and execute an economically feasible enclosure for the trash dumpster. As expressed above, there is a fairly egual sptit in the vote regarcling the entrance to Treetops II. There is not najority approval for a 5421477 entrance as Proposecl in the balloting, but there does seem to be a consensus of suPport for less expensive alternatives, which could include the installation of some glass in andl adjacent to the doorway, with perhaps improvecl lighting. There will be more cornmunication with the Unit Owners in the coming months to keep you abreast of the work that is undertaken. Jerry D. 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E I O --E d o { D t o o -cL C =o @ =s (o o o o o ql rto --9 nP r\r =N.t 3 IFF{L .sv, A - \O \.\ l< =o E g o (D o o 6l il z ql a 3l 'l I I I I 9l tr I !m E =-{'n m m .J'!m - =-t n m m U' 75 3oulh fronlrge rord v.ll, colorado 81657 (303) 479-2138 or 479-2\39 otflce of qommunlly dcv.lopmcnl If this permit. requires a Town of Vai'l Fire Department Approval, Engineel''s (Pybl ic Works) reyiew and approval ,'a planninb'Department review or Health Department review, and a review by the 6uilbing Department, the estimated tini'b for a tota'l review may take as l6ng as three weeks. All cornmercia'l ('large or small) and all mu1ti-family permits wilI have tq follow the above mentioned maximum requirem-enis. Residential and,small projects should take a 'l esser amount of time. However, if resi.dential or smaller projects impact the various above mentioned departments wi.th regard to necessary review, these projects may also take the three week period. Every attempt wl:'l'l be made by this department to expedite this permit as seon as possible. BUILDING PERI'IIT ISSUANCE TIME FRAf{E undersigned, understand the plan check procedure and time I' the frame, / /7 r')ln-eZ.teA c+t<@/ Project Name' 2r Conununi ty Devel opment Departrnent. \ ,f 75 soulh fronlage road yeil. colorado E1657 (303) 479-21.38 or 479-2I39 TO: FROM: DATE: SU&TECT: Read and acknowledged by: ofllce of communlly development ALL CONTRACTORS CI'RRENTLYL REGISTERED WITTI THE TOWN OF VAIL TOWN OF VAIL PUBLIC WORKS/COMMUNITY DEVELOPMENT l,lARcH 15, 1988 CONSTRUCTTON PARKING E I{ATERIAL STOR,AGE rn surnmary, ordinance No. 6 states that it is unlawful for any person to litter, track or deposit any soil , rock, sand, debris or rnaterial, including trash dumpsters, portable toileti and workrnen vehicles upon any street, sidewalk, alley or public p1?9e or any portion thereof. The right-of-way on afl Town of Vail streets and roads is approxinately 5 ft. off pavement.This ordinance wirl be stri-tly enforced by the toi"rn of vail PYPlig works Department. persons found violating this ordinance will be given a 24 hour written notice to remove-said nateriar.In the event the person so notified does not comply with the notice within the 24 hour time specified, the pultic Works Departrnent will remove said material at the expense of person notified. The provisions of this ordinance strltf not be applicable to construction, maintenance or repair projects of any street or alley or any utilities in the right-a-way. To review Ordinance No. 6 Ln full, please stop by the Town of Vail Building Department to obtain I copy. rirani< you for your cooperation on this rnatter. Positi6n/ne-laEi@ ./6/z/e r (i.e. contractor, owner) I LOUIS A. H E LLE RST EIN STEPHEN A, HELLERSTEIN MARTIN H, SHO RE JAN ICE HOFMAN N CLARK EDWARD P. O'B RIEN ROBERT E. MARKEL ROBERT W SM ITH SALLY K. ORTNER DAVID F, IN U RRAY EM t'4Y H. STON E BARBARA P, KOZ E LKA M ICHAE L A. VELLONE DAVID A. S HORE VIA UPS OVERNIGHT ,Jii Hrlunsten, HEr-lrnsrrrH AND SHoRE, p c. ATTORNEYS AI IAW I I39 DELAWARE 5TR E ET P. O, BOX 5637 DENVER, COLORADO 6O2t7 (3o3) 57r- r27l May I, l99l DELIVERY Mr. Mike Mollica Vail Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 81657 In Rc:Treetops Condominiums Density Variance Dear Mr. Mollica: Wc are writing on behall of our client, Trcctops Condominium Association ("Associ- ation"), concerning the density variance granted to thc Association on June 16, 1987 in connection with the enclosure of certain balconies in thc Treetops project. As you know, we recently wrote to the Vail Town Attorney, Larry E. Eskwith, concerning his position that the density variance had lapscd pursuant to the Town's ordinances. A copy of our f etter to Mr. Eskwith dated April I I, l99l is enclosed. On April 12, 1991, Martin Shore of our office and I mct with Mr. Eskwith to discuss the substance of our letter and to review the documents and matcrials referred to thcrein. At our meeting with Mr. Eskwith, wc expressed the Association's position that the variance granted in l9E7 has not lapsed bascd upon the fact that the Vail Planning Commission conditioned its approval of the variancc upon the Association's agreement to make othcr substantial improvemcnts and repairs to thc Treetops project and that the Association has spcnt in excess of 9300,000 over the past lour years in complcting those general site improvemcnts. However, Mr. Eskwith advised us that it is his position that the Association failed to meet thc rcquirements of thc Town's ordinancc which requires that construction contemplated under a variancc must bc commenced within one year of thc date of issuancc of the variance. Accordingly, Mr. Eskwith reiterated that any Design Review Board Application submitted by thc Association to thc Town for approval of certain changes in thc architectural plans would be pointless bccause the variance had lapsed. Therefore, the Association elected not to submit to thc Town the Design Review Board Application recently prepared by its architects, Friztlen, Picrce, Briner. Mr. Eskwith confirmed his position on this matter by a letter sent to us dated April 18, 1991, a copy of which also is cnclosed. The Association wishes to appcal the dccision of the Town in th is matter. Accord- ingly, please consider this lctter as the Association's request for an appeal from the Town's administrative action pursuant to Vail Town Ordinance 18.66.030 which provides as follows: Appcal from any administrative action or detcrmination by the town manager or the zoning administrator pursuant to provi- sions of this title may be filed with the Planning Commission by any resident or property owner within twenty days follow- ing such action or detcrmination. Hrlunsrutl. HrlLensretN nNo Suonr. p. c. Mr. Mike Mollica May I, l99l Page 2 We recently discussed with Mr. Eskwith the propriety of filing an appeal of this matter in view of the fact that we are uncertain as to whether there has been any "administrative action" by the Town from which an appeal may be filed. While Mr. Eskwith was of thc opinion that our informal meeting with him did not constitute admini- strative action by thc Town, he recommended that we file an appeal with the Planning Commission in order to preserve the Association's rights. In discussing this matter with you, you advised us that you believe our meeting with Mr. Eskwith did constitute adminis- trative action by thc Town and that an appeal of Mr. Eskwith's decision could be filed with the Planning Commission under the abo vc-referenced ordinance. In our conversation with you, we discusscd the fact that the plans which served as the basis for the Planning Commission's approval of the variance in 1987 have been revised. Becausc of the revisions, the Association recently preparcd the above-refere nced Design Review Board Application in order to obtain the Town's approval of such changes. It is the Association's position that the revised plans affect matters which would only concern the Design Rcview Board and that variance considerations have been unchanged. In this regard, you indicated that a certain owner in the project has expressed opposition to the proposed balcony enclosures for various reasons, including the fact that the plans as originally approved have been changed. We understand from thc Association's architects that the variance granted in 1987 contcmplated cnclosure of ten balconies located in the portions of the project referred to as stacks C and E. Each stack consists of fivc units. The revised plans still contemplate enclosure of all five units in stack E and the ground-level unit in stack C. Accordingly, the Association merely wishes to proceed with enclosure of six of the ten balconies originally approved for enclosure by the Planning Commission. We believe that such changes in the plans do not implicate variance considerations. The Association's position concerning the continued validity of the variance is set out in dctail in its letter to Mr. Eskwith datcd April I l, 1991. We request that the Planning Commission include that letter in its consideration of this appeal and that the matter be set lor hearing. If this matter is set for hearing, please provide a Notice of Hearing to the undersigned. Thank you for your assistance in this matter. Yery truly yours, HELLERSTEIN. HELLERSTEIN AND SHORE. P,C. G*, ? t, David F. Murray - Via Telccopy DFM/ljc Encls.cc: Mr. Carlos Phillips Mr. Bill Pierce Ms. Marvel Barnes Hr,LltnsrttH, Ht,LLrnstrtN,rNo SHor.e' ATTORNEYS AT LAW II39 DELAWARE ST RE ET P. O. BOX 5637 DENVER, COLORADO AO2l7 April I I, l99 l /(ti,; l;,i JJYI P, C. LOUIS A. H ELLE RST EI N STEPHEN A. HELLERSTEIN MARTIN H. SHORE JAN ICE HOFMANN CLARK EDWARD P O'BRIEN ROBERT E. MARKEL ROBERT W, SMITH SALLY K. ORTN E R OAVID F. MU RRAY EMMY H. STONE B^REARA P, I(OZ ELKA MTCHAEL A. VELLONE DAVIO A, SHORE TELEPHONE (303) S73 - IOAO TE LECOPI ER (3O3) 57r- r?7 r La wrencc E. Eskwith' Esquirc Vn il Town AttorncY 75 South Frontrgc Road Vail, Colorado 81657 In Rc: Trcctops Condonriniums Dcnsity Variancc Dclr Ir4 r. Eskwith: Wc arc writing on bchaIf of our clicnt, Trcctops Co.ndominiunl Association (,,Association"), "onc.rnine ii c- Vuif iown Council's affirmrncc of the Planning and \ E'r,ironnrcntrt Comm issi&Jr-i"Cot-it.ion") grrnt of a dcnsity vlrirncc on Junc l6' 1987 in conncction *ittr uariois inip-to"..""ts-ani construction in thc Trcctops projcct' including thc cnclosurc "f .iii.i" Lalconics. since thc timc of thc Conrnlission's grant of thc vnriancc, thc Associrtion has spcnt substantinl lnrounts of nroncy for inrrrrovcntcnts and consrruction contcmi'i"";;;;;;;; inc uatiance ancl it now wishcs to procccd with thc ;;i;;;;;;i"rr't.r-*r'i"ti ionstitutccl only onc of ntanv proposcd improvcnrcnts' BccausctheAssociltionhasslightlyreviscditsphnsconccrningthc- brlcony cnclosurcs, it;;;.;ilt-trcparcd a oc-sign Rcvicw.Bonrd Applicrtion in ordcr to obtxin thc Town's uppro".i-o'f iuc'h changcs' f" otc adviscd thnt the changcs rcflcctcd- i."'ijr. i.'" ir..f piont .ff..t mtttcrs whicliwoulcl only conccrn thc Dcsign Rcvicw.Board and that varicncc considcrations havc bcen unchangid. .wc undc.rstand that thc Associa' tion's architccts, Frizticn,'pt;;;; and Brincr,_contac-icd thc Town's Zoning Adnrinistrator ;;i;; ; iuUntitt'ing tftc nciign ncvicw Board Applica.tion to thc. Con:nrunitv Dcvclopntcnt Dcp rtnrcnt ("pcpartmcrit;i a';d wcrc-acluiscd ttrat it is your position thrt thc density variancc has lnpscd puiruont to thc Town's ordinances. Thc purposc of this lcttcr is to offcr adclirion.r urctgroi"a'i"r"ir.tion and facts conccrning thc_ comnrission's grant of thc variancc and thc dotpi.tio" oi icrtain inrproycmcnts contcnlplatcd thcrcundcr' nnd to rcqucst tSat you r."oniiO.r-Vour position conccrning Inpsc of thc variancc' Thc i""fi"ii,irii ii a tr'ricf r"nrr.iy of out'undcrstanding of the chronology of cvcnts in conncction with this nlrttcr. on or about May 25, 1987, thc Association subnrittcd an apptication to the Dcsign Rcvicw SoarA *qu"iiing npptount of an cxtcrior altcration lnd dcnsity varinnce ioi tjr. cnclosurc of ccrtain bnlioniis nnd a pcdcstrinn.bridge, as wcll ns rcdcsigning. and inipio"."1."i of o lobby and lobby.entrancc. Thc apptication nlso proposcd substanti.,l i;;;;";;;;is nnd tan-d'scaping oi'trr. projcct, including improvcrlcnt nnd rcpair of I o Lrwrence E. Eskwith, Esquirc April 10, l99l Page -2- cntryways, balcony railings and sidcwalks.. Enctoscd with this Icttcr and labcled as Exhibit'Au is a.opy oi o"-."morandum dated Junc l. 198? from tb-c Dcpnrtmcnt to the 6ortiirsion *ttict 'outtines thc Association's requcst [or..approval. of thc proposcd . -. .-;i;;i;;alirrotions. Scction I of that memotandum outlincs thc Associ0tion's spccific ;;;;;r1 fir if,. cnclosu.e of balconies ancl enumcrates thc additional improvemcnts which thc Association had propot.o. - s..tions lv and v of the mcmorandum indicatc that all of the proposecl improviri;;t; ttlntrywnys, landscaping, lighting.aod new sidewalks ;.;;l;;;;;iinnce *iti-and-would firrttrlr thc purposJC.of thc Urban Dcsisn Considcra' iioni for LionshcaO. In iis iccommendation conierning thc extcrior altcration rcqucst, 1;r;'b;;;ti;;ni;s riaff r."ott*.nO.a approval of thc cxtcrior alteration 6ascd upon the ;;;p;;;i;-iompliancc wiih alt of thc Liisis'n Considmntions lor Lionshcad' Also encloscd and labclecl as Exhibit nB'is a copy of a mcmorandum dntcd Junc t, 1987 f;m tfr. b.p.it*ni-to tfr. Commission which outlines the Association's ;;il.;; i"i'.'iirtfiv-r;ri;;;; to cnclose tcn.balconies in thc projcct, Scction IV of that ;;;;;;;;d"; indicaicsJtrc'-ri.portt.nr;s position that thc proposcd improvemcn-ts and ;;;;;;i;;;;adc of trr" cntiic biojcct.*ould houc a positivc impact on uscs in thc vicinity, Howcver, notw'itfrsia'nO i-ng thc p,roposal's attroctivcncss in tcrms of the Depsrt- *."i;r'of t.iotion ciitcria,'ifri-O.poit..ni's itatf recommcndcd dcnial of thc ovcrall li-q;.it-b'r-*d-upon itr p.iriill" ifrat 0t" grnnting of a dcnsity variance would violrte thc town's zoning rcgulations and ordinanccs. On June l, l9g?, the Commission met to considcr thc Association's applica' tion. At that mecting the Commission discusscd the recommcndations of thc Dcpart- rini't';i.]i-;";-ritiiraiclrapproved the variance on the following thrce grounds as quotcd from thc minutcs of thc Commission's mectinS: I. Thcrc is minimot perccntage of increascd GRFA. 2. Substantial landscaping and substantial im' provemcnts to the structurcs will be done in exccss of that rcquired. (This is a major emphasis of thc.proposal and docs noi inctude maintcnanci and upgrading which would normal- ly bc rcquired.) 3. Uscable balconies on thc same clcvution as the cncloscd brlconics will remain for cach unit' Enclosed and labcled as Exhibit "Cn is a copy of the above-rcfcrenced minutes of thc Commission's mecting on Junc I' 1987. The Commission's dccision to approve the proposed extcrior altcrotion and dcnsity vafioncc was uphcld by the Vail Town Council on Junc 16, 1987. A copy o[ thc *inut6r of thc vail fown Council's mccting is enclosed and labclcd as Exhibit "D." Subsequent to the Vail Town Council's dccision upholdinS, the Commi^ssion's grant of thc varianic, Town Ptanncr Kristan Pritz wrotc I lcttcr dntcd June 29' 1987 to I La wrcncc E. Eskwith, Esquire April 10, l99l Pagc -3- thc Associotion's architcct, Mr. Tom Brincr, whcrein she addrcsscd ccrta in questions conccrning thc proposcd constrrrction. ln that lcttcr, a copy of which is cncloscd and labclcd rs Exhibit "E,," Ms. Pritz statcd that the gcncral sitc inrprovcntcnts proposcd in addition to thc balcony enclosurcs wcrc "an inrportant prrt of thc Pllnning Conrnrission's dccision to approvc thc rcqucst." Subscqucnt to thc Town Council's af f irmancc of thc Commission's grtnt ol thc variancc on Junc 16, 1987, thc Associrtion commcnccd work on thc vRrious inrprovc- nrcnts contcmplated undcr thc vnriancc. Spccifically, bctwccn July 1987 nnd July t988, thc Association cxpcndcd approxinratcly $ 195,000.00 for variorrs rcpairs, intprovcnrcnts and landscaping contcnrplatcd undcr the vnriance. This work includcd mnjor cntryway irnprovcmcnts, installation of ncw balcony railings, ncw l'acin nntl othcr cxtcrior im- provcmcnts ns proposcd in thc Association's originnl Dcsign Rcvicw Board Application. Bctwccn August 1988 and August 1989 thc Association cxpcndcd approxim$tely $65,000.00 on additional improvcmcnts and rcpairs contcmplRtcd undcr thc variancc, including cnclosurc of thc walking bridgc, substantial landsctping, ncw sidcwnlks, drainngc inrprovcmcnts and brlcony railing rcpairs. Sincc Scptcnrbcr 1989 to thc prcscnt, thc Associlttion lras cxpendcd approximatcly $31,000.00 on t'urthcr improvcmcnts and landscaping contemplatcd undcr the varirncc, including construction of a dumpstcr l enclosurc. Additionally, thc Association hls paid approximltcly $15,000.00 sincc Junc 1987 for work done by its architccts in conncction with thc proposcd balcony cnclosurcs and othcr improvcmcnts to thc projcct contemplatcd undcr thc variancc. This figurc includcs architcctural scrviccs rcndcrcd in 1991. Wc would bc htppy to providc you with copics of account lcdgcrs and bitling statcnrcnts reflccting thc costs incurrcd by thc Association for such improvcmcnts, landscrping and architccturltl scrviccs conrplctcd on bchalf of thc Association. Scction 18.62.080 of thc Town of Vril Ordinanccs providcs as follows: Thc Zoning Administrator shall issuc a varinncc pcrmit whcn action of thc Planning Commission bccomcs f inal, subjcct to such conditions as may bc prcscribcd by rhc Commission. The pcrmit shall lapsc if construction is not commcnccd within onc vcar of thc datc o[ issuance and diligcntly pursucd to cornplction. (cnrphasis addcd) Our review of thc Dcpartmcnt's file on thc Treetops projcct inclicrtes that the Zoning Administrator ncvcr issucd a writtcn variance pcrmit subscqucnt to thc Town Council's aff irmancc o[ thc Commission's grrnt of a density variancc as rcquircd by thc abovc ordinancc. Flowcvcr, wc arc adviscd that it is not unusual for thc Zoning Administrator to not issuc a written variancc permit and wc prcsuntc that this omission has no substan-tivc cffcct upon thc validity of thc variancc. Thc forcgoing rcflccts that thc Association hns incurrcd substantitl costs for improvenrcnts and rcpairs that wcre spccifically contcntplatcd undcr the variancc grantcd by thc commission and that nrany of thosc rcprirs nnd improvcmcnrs wcrc commcnccd within onc ycnr of thc Town Council's approval of'lhc variancc rnd diligcnt-ly pursucd ns rcquircd by the ordinancc. As you cnn scc, lhc Association has spcnt riorc than $300,000 on improvcmcnts which thc Conrmission considcrcd as thc basis for its I o Lawrcncc E. Eskwith, Esquirc April 10, l99l Page -4- approval of thc variance. As with most condominium associations, the Trectops Associa-tion is a rclatively slow moving and incfticient political body. However, the Association dclibcratcly commcnccd significant and costly improvcmcnts under thc variancc within onc ycar o[ thc Town Counscl's action and has complctcd the majority of the contem-platcd improvcmcnts in continuous stagcs up to this day. Quitc simply, thc Association first complctcd thosc improvcments most important to the Town and now wishes to begin thc. final. stagc of thc proposcd improvcmcnts - thc balcony cnclosurcs. Accordingly, ric bclicvc that thc variancc grantcd by thc Commission rcmains vnlid and cffcctivc-and that thc Association should bc pcrmitted to procccd with the brlcony cnclosurcs, subject to thc Dcsign Rcvicw Board's approval of the rcviscd plans for such improvemcnts. - Wc bclicve that our position is in accordance with the exprcss provisions r.nd spirit of thc Town's ordinancc. As stated by Ms. Pritz in hcr letter to Tom Briner,thc gcncral improvements wcrc an important part of the Commission's dccision to ap-prove thc rcqucst. To dcny the Association pcrmission to procccd with construction of those improvcmcnts which were of primary importance to it, altcr othcr improvcmcnts which wcrc incxtricably linkcd to thc varinnce havc bccn complcted, woutd bc unjust and frustratc tlrc esscntial purposc o[ thc process. .* As a sidc note, we are adviscd by the Association that the owner's wishing to cnclose thcir balconies have agreed to convcrt thcir fircplaces from wood burning to gas burning in the cvcnt thcy arc allowcd to procccd with thc cnclosurcs. Plcase contact our office aItcr you have had an opportunity to considcr the foregoing to advise us of your position on this matter and whcthcr thc Association mav procccd -with its Dcsign Rcvicw Board Application in connection with thc reviscd plani for the balcony cnclosures. Your assistance in this matter would be appreciated. Very truly you rs, DFM/jm Encls. P.:I 5. * Additions of wood sicling to the east builrling and remodeling of the east building balcony ,"ifinfr-to provide a visual consisten.v "i ^ut.rilr", .r"[iir,and cotor berween rlre two .L=iJ""tiii-["iioii;;:-, An upgrade of exterior lighting. A density variance is reguirecr for 're 10 crcck euclosures, as the-project i= aireaoy over the allowable GRFA. pleasi see tfre-ilro .orr".rning t,lre densitv variance for a rnore aeialiea anary=ir-Jr-li-,i"request. ,- ( 'tffift = I95 sq ft The association l:_:1:: proposing-to.do an entire upgracle of the existing project wnicn ,o,lta inclurle: l. An added protective entrance at the east entry. 2. An increa=" ::^_I:lgseaping along the bike path (sour.h side of the project). 3. An increase of landscaping at the west lruilclJ.ng ent.rance. o June 1, 1987 A request for an exterior alteration to enclose 10 decks and redesiqn entries io-[fr"'treetops ff Condominium nuiliinq Applicant: ?reetopi condominium Association r. THE PROPOSAL The Treetops Condoninium Association is reguesting an exterior alteration.and density variance,r for ilre following construction at the ireetops If nuLfai'q (east condominiurn buildfrig; : 3. 4. TO! FROM: DATE: SUEJECT: Planning and Environmental Cornmission Comnunity Development Department t. Enclosure of: 5 existing decks g :O sq ft, per deck Enclosure of 5 existing decks € Ae sq ft per cleck trnclose pedestrian bridge, Redesigning the existing Iobby and creaE,rng a rler/ Iobby entry, l = 210 sq fl: = BO sq ft: = 2u0 sq ft EXHI i ,,4,, rr.; coRE r{ rII. CI)I,IPLTAT{CU I.Jr'I'TI T'TtE URUAN DESIGN GUIDE I)J.A}I I.'OIt Section IB.26, OtO purpose The Commercial Core II zone district is intenclecl to provide sites for a nixrure of nutr,ipl" .t;;iii;f,r] roa.1o*,and conrrnerciar establishme'ts in a ciustered, uniiioa deveroprnent. comrnerciar cor. ii Ji=c.i"t in accorcia^ce with the Vail Lionshead urban Design cuioe-i,riu-on,r r)esirjrr cotrsiderations is intenciecr to errsuie aclequat.e lit.JlrL, air.,opetr space and other amenities appropriaie to Llrc pernittecl types of buildings and uses ancl to maintain Ure desirable gualities of the-dlstrict by establishing appropriate site development standardi. ?his proposal is in compriance wit.h trre intent of tlre Commercial Core fI zone district. 'l'llere are no sub*ar:ea colrcel)ts tlrat rolate proposaJ.to Llris l IV. 99$.I]LIANCE WITII T'IIE URBAN DESIGN CONSTDEITNI'IOIIS FOtI LIO}ISIIEN I) A.tJS +ct !I g l+ Ma s : t nq ! - It-i_9_c_9_!E1 gerc!-i_gli *e rrrplr.a s i :: e s tit ? S.e? E i " n- "?E". r t-?bTi " o a q._qll;l_ rToo ;pg-de_st_ttq1r area to- overcome ttre ciiiliirn-Eiirdct or:c. Ir -b, ii a i; u-*- r-G il ; r, r''jt_n r,, i it ttki-ii ; i, X ;tl r_r_=!.U I rg rlrgl . = I t gt? teE_Lha t tr bu i }3!!rrq e ipir ilC i on: ;shall generally be limited--Eo one .=t_.Frr-;.i-i;' Vl SUcf I a functional effect. " u. Staff rs opinion is.that the inrproved entry r.,fays,landscaping. Iighting and ne\r sidewalks will iurLlrer define pedestrian areas. 'l'he height arrA rnassinf-of the entry is onry .'e sLory wrricrr courpl ies: r.r j r:rr trr i:;consideration. Roofs: Flat, sLed.r__y_ll!!!erl or clome roots aro es-q9p!'jDrs-EElI\tl-i.,lit,rlet1i.]r'je"lt_"";-[-'i;]=ti;;l,iifi,,, E o l! E eql:_t!.9_St<ps t tsi r o I I s w i L lr e x i s L__irts _lr_+u_q-i rrg_l_ -1"_9f,_!9'-eygjslEp@-y-"Jil.E@"A- on" cru;rr i r-y ror Lionsheacl ''--"-.:'-*-' I Tlre applicant, has proposed an entry addltion anct deck addirions thar. are ;;;;;iibie witn, urJ-"_iJir,...r condominium buiLct i ng . . T;;";ropo=..1 ent r.y acld i t.i o, co building No' 1-rr'rs; i r"irr".iri pirctr mot"f,irrg Lh.L or t-lre sloped roofs ",, fr"If ,"'"irrao,ni,riu, buildiriqs.c' ffi.i=efi+{sl.r-u t! s rs i-+q-_s- ::,-c !r}e5eJ.Q b l o_c_li_ ,' fi a;i; r{-r"'E:+I ffi i, " [-r:j ?lris proposal. cornpl ies wiHr these nr.rtel.ial.::. .l,lre entries "iIf ._b9_ ,Lu""o. '-rlo.irontal woocl siclirrg wi I I be adtled to guitcline-#j t;"*ia.tr,ruitding il1. ,r,rim colors and stain ""i"iu Jiri'*ror"rr for both buitdings. D.Facades Transparency:Tlris congiderat_i_c -s etlue re_r_e-1Lr o " o,,?##5EeE --......=-..-prrmari 1 legnd floor encoura es ttre use o winaows for stoicCi:qnEC P. Even thouqh this proposal is a resident_ial ex'arr:;ior..,it should be noted tilat irre nlw-con=tructi.orr vri.t I ..have an adequate amounl_ of transparcllcy rr.orrr.lllttrn.the expansion. ,rr,e n"* ;;ail'ir;i n;rrly wlr)durr$ (rt(l shartow bay wirrdo'rs or:c r;;;;;";;- at tlrc r:o,., tcruirr:ro,rr;of tlre balconies f". ,r,r-.!io;;-;;. :I"1,::;=:,,:I_II; This consideration refer.s prirnarily Lo cornnrorciirl decks. As the ap1.r1ic""L f,;;'";;ia",.t, ,,t.f .rr.rov/existins balconiei- 3i g"il!!"s-ij are proposect ro De :::I:::d-by b?y windows. rheie "*i"iiit-;;;;";:.are not functional il--a:51n" of-pJovfaing seatinq for dlninq, sunnino or any other o,rtdoor act.ivity.,, -Renaining deck and u"i""ny-;.iii;;= on Buirdinc, l2 ii: ." be repracecl wirh riiiirg"",i,"t"ili".J-D"i:.irlI, f- ifi*i-li ilili niiioo\ 'lhe applicant lras. st.a Lecl that, ,,,fo assure Ura t, tlrorc,rs no ross of rerief t.o rhe soutrr-facaoe-..i"iirii.iii,q 'o J #2 due to balcony-enclosures, awnj,ngs are proposed to be intesrar wirh !l.u uuv "i;6o;";==gTbry. Awninss wirr be canvas, wirh ;-;"i;;-;;d'iu..".n acceptabre :;"";::8""1:;;":, Board. eJaiiilnlr_ ran.!,.apins at in"ruJ" -"i;;; i ; i':":13"3,'jn:nf j;l:' ",,3lil,tii il, ", ="1:o,proposed for. the ";fir;";;;;;".. scaff ,s opinion is that r mcsrry r" .".*.r.l:t';::::. ";:;:; striceline rerers ::l-lild'"io: i^i.",ements,irr onii, r,ll:.iinl;t"t appearance of this project. -o;.-;pi"i;;-ir-*,oi .r,"ar'rningrs are not necessary to natntain r:elief to che i:::1. facade. Hor.,ever, ttris is a oesign Revie,,r tscer-:: The proposal adds additional of the west entry and on the prol ect. Staff believes that these inprovements are in compriance wirh rhis consiJeiation ;;i";-;".;urages the use of plant materiai-io'a.c"nt buildings. . STAFF RECOMMENDATTONS Steff reconnends apprcval cf #-he exterior .,rl tot.ci.i c,n reguest, ft is our.opinion that the propcsal ccmplies wiEh all of the oesign con=iJ".tiJns for Lionsheai. The 5::j:::.creates sieniricani-i;;;;;"*"nrs to rhe rieecops Iandscaping in the area south sicle of the V.( ( I o TO: Planning and Envlronmental conrnisslon FROMr Conmunity Development Department DATE: June L, L9B7 SUBJECT: A request for a density variance to enclose l0 decks at the l'reetops Condominium lluilding ll 2 APPLfCANT: Treetops Condominium Association I. DESCRTPTION OF VARIANCDS REQUDS.TDD The Treetops condoniniunr Association is requestirrg a density variance to enclose 1"0 existing outdoor decks on the south side of the ,building. The Treetops Building ilz is Ure east:building belrind the Treetops comnercial building. Five of these decks are 39 square feet each and five are 46 square feet each, wlrich creates a total additional GRFA request of 425 square feeL. The existing GRFA on the site is J6,i69 square feet,, ?he allowable GRFA in Conmercial Core II for this project. is 30t952 square feet. The project is presenlly over the alfowable GRFA by 5,4L7 square feet. If this : request is approved, the project would be 5,842 sguare feet over the allowable tt. BACKGROUNLON TnE REqUEST fn August of 1983, the Treetops Condominium Association requested a rezoning of their property frorn ltigh Density Multi-Fanily (.6o) to Comrnercial Core II ( .80) zoning. 'l'his request was made in order to construct the commercj aI expansion to the norbh of the two residential buildirrgs. Under lligh Density MuIti-Farnity zoning, the project was allowed 23,2L4 square feet of GRFA. Due to the rezoning, tlre project is now allowed 30.952 square feet. The rezoning increased the allowable GRFA by '1 ,738 square feet. In ilanuary of 1984, the Condominiun Association rerluested an exterior alteration in order to add the ret.aif expansion above the existing parking structure. fn JuIy of 19S6, a request was made to enclose 1O decks for an additional GRFA of 665 square feet. Staff recommended denial of the request, The Plannlng Comrnission noved to deny the requestf as it was felt that it would be a grant of special privilege to approve the additLons. The vote was 6-0 in favor of the motion. Tlre Treetops Condominium Associatiorr appealed the Planning Cornmission's decision to the Tor.rn Council. The Tobtn council upheld the Planning Comnrissionrs decision to deny the requesL. l "g': ,/I IIT. ZONING STATISTICS Zone District: Commerclal eore II Site Area: + 38,690 sguare feet* GRFA! (.Bo) Allowable: 30,952 sf Existing: 36,369 sf Amt. over allowable: 5,4L7 sf Proposed: 5 decks € 39 sf = 195 5 decks 0 46 sf - 23O Total Proposed: 425 sf Ant over after additions: 5842 sf Total GRFA after additions: 36,794 sf Units: Allowed: 22 d.u.Existing: 26 d.u.Proposed: o Cornmon Area z (2AZ of Allowabl"e GRFA) Allowed: 6,LgO Existirrg: 4 ,39O Proposedi bridge 80 lobby 260 Existing & Proposed 4t73O Rernaining 1,460 Site Coveraqe: (7o*) Allowed, 27,083 sg Existing: 2I ,670 sf ProPosed, 3oo sf Exist & Addlt. 2L,97o st.Remaining 5,113 sf Setbacks o Required 10 ft all sides. No impact with proposal I Landscapinqt (ZOt of site area required) Reguired: ?,7J8 sf Existing: 12,OOo sf approx. Heiqht: Allowedt 48' sloping, 45' flat Parkinq: Exlsting and proposed: sane The units tlrat lrave dec)< expansions lrave exisLing GRFA totals that range fron 1315 sf to 1326 sf.'l'he deck expansions of 39 sf or 46 sf do not rncrease- the square footage above 2,Ooo sf whiclr is the breaking point for additionaJ. parking, lotal site area was calculated bv Engineering Group, fnc. property square footage is .r. 38,O9O square of the requested variance to oUrer existin and struCeures-Tn TEe viainTFt.--- The additions are compatible with the existing uses in the area._ Thg general upgrade of the entire proj6ct will have a positive irnpact on ules in the vicinity. Bud Stikes, l'he lines do not c1ose, so feet. rv. CRTTEEIA ANp FTNDINGS Upon review of Criteria the municipal coder the recornmends denial of the following factors: Consideration of Factors; and Findings, Section LB.61.060 of Departnent of comnunity Developnent requested variance based upon the e without qranFof lpeci-dl- p-rivileqe. Staffrs opinion is-tha! this request would be a grant of special' prlvllege due to the fact that there is fro physical hardship which would warrant the variance. .ft ir- the applicant's responsibility to prove physical hardship and the fact that the granlinq br tne^viriance wl]I not be a speciar privilege in oider to get approvar for ilrc The relationshi or potent,ial useG Thg deqrge, !o $/hich relief frorl the strict and literal PlsprrtuF -Effiii'"n i"lrecess.rry ffi and u'ifor*itv ;ff tl_g a trlg iit amo rlq- sf r, e s -f. rlEGll c i-,ii b y o r €alffui ;- r, " I o V densiby variance. Due to the fact that it is difficult to nake the arguments of physical hardship and Lack of special privilege when reviewing a density requesL, ordinance lla oE 1985 was adol:t,ecl to allow for small GRFA additions wit.hout tlre need for variance approval. Unfortunately, this ordinance does not provide a neans for allowirrg additions to units in nrulti-fanily buildings. Units of this type were omitted, as the Town Council and Planning Conrmission \^rere concerned about ttre potential to increase the bulk and nass of nrtrlti-family btti,ltlings Lo a lroint where there would be rrec;ative inrpacl-s clue l-o the .rddibions. Lec;.l I issues also conLrjbr.rLeel to tlre inability of this ordinance to accornnodate muILi-fanrily additions. In respect to this request, ordinance ff4 does not'.provide any relief from having to review nrulti-falrily additions with the density vclriance criteria. 'Ihe ef fect of the requested_variance on_J_i9Lt!__gn.l_g.ir.,qELi@--Ele l e p-etgF-iF nL.:ild-Fr-q t. r j ;, .[r].9_i] i-t-_1es, pubLig_f ag-1.!i,!f9_g-_S.lt{- g_g-f_l_i_ttgi:r.__g-15! 17_11.1,11 ,ic; es-f g Ly_:- 'l'here are no sir;nif icant inrpacts on any of tlre above fact+r-s. RELAI'ND POLICY IN VNILIS COMMUNTY ACTIOI.I PLAI{ Comnunity Design 2. Upgrading and remodeling of structures and site i.mprovernents should be encouraged. 5. I'taintenance and upkeep shoulcl be a priority of l)ropert-y owners and of the Town. This proposal for the deek enclosures and the other cJenerclI inprovenents to the project supports the Conrnunity AcLion Plan policies. Strch other fncLors and cr:iteria as tl'ro conrmissir:rn tlectns .1ffi_. i_c;6i e Co ttG_p io pos eg yg_ri_qiltE= VI FINDINGS The Planning and Environmerrhal Commission-ehe11 makc Elrg followinq f indilgs -before ctrantillg a va.E1_e-11ae_i That the granting of the variance wilI not corrstit,utc a gr.'lnt of special privilege inconsistent. with the Iimitations orr other properties classified in Llre sane district. I o That the granting of the variance wirl not be detrimental to the public health, saf ety or wel- f are, or materially injurior.rs to properties or improvements in Llre viclrriLy. That the variance is warranted for one or rnore of the followincr reasons: The strict or literal interpretation or enforcement of the specified regulatLon would result in practieal difficultly or unnecessary physical hardship inconsistent uith the objectives of this titIe. There are exceptions or ext.raordinary circumstances or conditions applicable to the sarne site of the variance tlrat do not apply generally to other properties in ttre same zone. 'fhe strict irrterpretatiorr specified regulation would privileges enjoyed by the the sarne district. STAFF RECOMMSNDA'TION or err f orcement of t.he deprive the applicarrl- of owners of other properties in The proposal involves both a density variance and exterior alt.eration request, The exterior alteration criteria are used to review the design issues related to the request. Even though the proposal compares favorably given the alteration crLteria, the staff rnust recommend denial of the overall request, as $re cannot support the density variance. The original concern of the Council and Commission concertrinc_;multi-farnily additions was that the building's bullt and mass may be increased to a point where negative impacts would occur from the expansions. In this situation, the expansion and overall inprovements to the property are considered to be positive. Ilowever, staff must abide by tlro variance criteria, and tlrerefore rnust recomrnend denial oI ttrt: request. Basically, the staff has thc same position tltaL wa$ outlinecJ ln tlre July 14, 1986 rnenro when L0 deck etrclosures tvere alscr being considered for this pro jecL. IL is t-ruc tlrat tlrere are no signif icant inpacts resulLitlq f rorn tlris proposal, Itoi.rever, the staff does feel that it would be a grant of special privilege to approve the reguesC. rt must aLso be noted that the property is over the allowabl,e cliFA ancl nuuber of units for development urrder Conrmercial Core 1I zoning. VI Ill A. VARIANCE RggUE:/ In accordance u,ith that-provision of Orcrirrance No. 4 allo'ing for an increase of 250 square flet to-singre-i,r,r .ruoior-i"urii"g"r,,its as 0rr inducenrent for tlre upgrading of exisilitg sLructures, the"Ti.cetops Corrttornirriurrr seeks a variance to ailor,r a totar adcti tion of 4zs ,i.,.i:o iuur tu u,o existing GRFA total of 35,97r square r'ect - a^ incrcase oi l.r:; Tlre proposed additional GRFA courprises of 4 balcony encrosur.cs ond I deck enc losure at-39 square rebt <rnd 4 balcony oi.ioiu.Ji orrrt t deck enclosure at 46 stluare feet caclr. The balconies to be enclosed are 3.s feet wide, They provide l.i tLle to no roonl for outdoor furniture, i.e. rro outcloor a.iiiitu, trt t,ou.beerr utilized as storage drcrls visiblc'frorrr trrc-viiiniiy-ii u'o bike palr. The area is being addect to the living roorns, not the bedroonrs ilrus thc bed base and/or density wfl't not be increased] The request and subsequerrt approval of this variance.i s neccssary fo'the Association's approval of the entire up-grading packige rrricrr i rrc I udcs ; i. Added protected entrances to both buildings.2, An increase of landscaping a)ong the bike-path.3. An increase of ia'<Jscaping at trie west buiiaing errtrance. .\This feature faces East Liorrshcad circlc an<l vril I prr.rvicre a utore attractivc public foroground Lo t.hc builctirrq.4. Additiorrs of wood,sidirrg to ilre cast builc.ling ancr i:cnrorJclirrg of lhc east buildjlrg b.rlcorry rail irr0s to provide .r visu,:l consistency of nr.tterialsr <JCttril ,rnd color bellcerr thc trvo residential l_rui ldi nqs.5. An upgracte of exterior Iigtrtirrg. A-l The requested variance does not effect other existlng or poLentiol uses and structures in the vicinity. A-2 The literal lnterpretation of the or<Jinance:a. l'lakes inrpractica'l the use of existing balcony space for its intended use as r1n outdoor sittinq.rrea b. P'o'rolcs continuing difficulty oF po)icing and nrointai'irrg the given balconies due to their propensiiy to be utiljzerJ as general storage areas c. Precludes unit olners Fr'onr taking advantoge of incluccrrrenl offered other-(single ancl duplex) urtit ovriers to upgrarle thei r properties d. 0isallovrs at this tjrne a structur.ed, unif,icd and visually consistent approaclr to balcony enclosures that otherr.lise rnight nol occur if and when Or'dinatrcr: l.lo. 4 was to tre arrrendcd co includc rrrul ti - forli I y rrro.iccts e. Precludes_a1l of tlrose aclvantales to unit, owners througlr addi tional GRFA that have .rccrucd to uni t ovrners in otlier projects who have clorrdestiru:ly cnclosccl thcir bolcorries vtsuAL IMPACL!F REQUEST - 500 sq.ft. allowable addi tion to GRFA = 10/of total Comparison indicates that the al lowed visible greater than that requested by Treetops. irnpact of a duplex nray be 9 tirrres Tree tops 359/l sq. ft. Reques ted 425 sq.ft. addi tion :e actua I GRFA = l.lX of total cq!4pARrsoil 0F_iltpAcT 0N ALL9IABLE GRFA Vs ACTUAL GRFA Al I owabl e GRFA: 3124 0 The rerluested 425 s Allovrable GRFA and The appl icant bel ie against the several the Lionshead appea A-3 Ac tua I GRFA 35971 Reque s ted 425 sq.ft. addi tion = l.lX Requested 425 sq.ft. , addition = i.3X q.ft. has almost equal significa Actuill GRFA. The difference is ves that the variance request is upgrading inrprovenrents that wil ra nce. nce vlhe rt .21 or cornpared to the 60 square feet. a reasonable trade off I add berrefit os vrell to The_request.variance does not effect distribution of population, trarrsportation.traffic facilities, utflities and public safety. Dupl ex 5000 sq.ft. --n': STAFF PRESENT Peter Patten Kristan Priti Betsy Rosolack the chairman, Jim Viele. was made approve 1. a I 8 A, Kristan Pritz explalned the request and showed site plans and elevations. she stated that the existing garage and covered stairway currently project about 2.1 feef Into-the front setback at the structurers northwest corner. The variance reguested was for 2.1 feet into the front setback area. The staff recomhended approval of the request. Buff Arno1d,architect representing the applicanti further explained the request. xristan added that there were at present, two kitchens in the primary unit, and that one must bL renoved prior to construction of the reguested addition. Diana Donovan rnoved to approve the request per the staff memo prus the condition that one kitchen be removed frorn the prinary unit. Bryan Hobbs seconded the motion. The .roi. iuu= 6-0 in favor. A rgquest.for an exterior alteration and a density vprianbe ks at. I Planning and Environmental Cornmlssion June 1, l9g7 PRESENT 'DIffii-Tonovan Bryan Hobbs Pan Hopkins Peggy Osterfoss Sid Schultz Jln Viele ABSENT ilil-Eol1ins The neeting was called to order by 5/Il . A motion Bryan Hobbs to in favor. re est for f_ro4t setback variance in order to n ar ean aI area above a garaqe on .),ot B Vail v age 6t l icants:Neil and Approva] of_rninutes of 4,/27 and by Diana oonov@ both minutes. The vote was 5-0 e Treetops Condoniniuis lo Clrcle. EpE-ticE'nt:Treeto Condominium Association Kristan Pritz explained the elevations. She explalned of the exterior allerations request, showing site plans and that the staff recommended approval and denial of the density variance. Tom Briner, architect representing Treetops, pointed out to the board that the staff nust look at the property in blac)< and white, but that the board could look at tne giey areas with respect to the zoning regulations. He stated that the increase in GRFA was mininal, that the decks proposed to be enclosed were useless because they were so snall and that they were unsightly because the owners rnerely used the decks for storage. Parn.Hopkins felt that these were good arguments in favor of the variance reguested, but stated thtt she dia not have a legal htay to approve the decks. She felt the improvernents would enhance ?reetops condos. sid schultz agreed with pam ancl askecl if the staff would look at ordinance 4 again to try to fincl a u/ay to include small changes to rnulti-family builclings. Diana Donovan felt the enclosures were not decks, and that she coulrJ not vote for the enclosures as enclosed decks. she felt that the space was used as a wal.kway, not a deck. Kristan stated that the concern when writing ordinance 4 vJas that balconies and decks would be encl-osed and result in flat facades which impact rnass and bulk. rt was dif f icult to knov.,L,here to draw the line, perhaps a percentage of exi.sting GRFA would be appropriate Peter asked if all the units r,rhich would enclose their decks had other outdoor space, and Briner replied that aII of the units did have other outdoor space. Briner arso stated t,rat all of the windows would become bay windows which would .,e relief to the facade. He added thit awnings would also be added 'Jin Viele thought perhaps there could be a way to rewarcl irnprovement to the property with additional cnrl . lte felt that the set of criteria was narrow and added that the improvements to Treetops were more beneficiar than negative. He also felt it-wourd be good to go back to ordinance 4 to see if changes coulcl be nade with reference to rnulti-fanily units. Linda Average, one of the Treetops owners, stated that one reason Treetops wanted to do this now was because of the 1989 World Cup races. She stated that they were willing to be the scapegoats because she felt they would set a goocl example for the rest of the conrnunity and inspire others to fix up their property. Percentages of GRFA insrease were discussed. Tom Briner estimated that ?5t of dollars to be spent on the project woulcl be for enclosing the decks, and possible lst for lan-scaping.Diana felt there rnust be some r.ray to allow proJects whicir benefit the coromunity to such an extent as this. peggy osterfoss asked how long it would take to have a work session and effect change, and Peter answered it could be 3-4 nonths before there would be a change in the law. peggy felt a policy change was needed. Pan felt t,hat this was such a ninimal amount of GRFA it would be a good standard on which to bo I a policy related to percentages. Diana Donovan noved and Hobbs seconded to approve the variance on the basls that this is the type of project the town would like to see for three reasons: 1. There ls a ninirnal percentage of increased GRFA. Substantial landscaping and substantial improvenents to the structures wiII be done in excess of that reguired,(This is a rnajor ernphasis of the proposal and does not include rnaintenance and upgrading which would nornally be required. ) UseabLe balconies on the same elevation as the enclosed balconies will rernain for each unit. The vote was 6-0 in favor. Diana Donovan rnoved and Bryan Hobbs seconded to approve the reguest for the exterior alteration. The vote vas 6-0 in ,\favor. 3. 'V[,'t lrttJourtctl iJarr"2, tQr rlOT ilann6 denial . Tom stated the Planning Commisslon had recommended approval of the extension for,one year only with the following recommendations to Council: l. The Town Councll look at the parking requirements; it seems they may be overly restrictive. 2. The App'l icant injtlate talks with the Vaii Valley l'ledical Center like last year regarding shared parking. Peter Jamar, representing Vail Holdings, urged the Council to hire a third party to study lodges, hotels, etc. parking needs; he did not feel it would be near as mucn as what was required. He commented the Applicant would agree to a twelve month period, and the landscape plan is underway and should be done by September I, 1987. After some discussion by Council, Mayor Johnston made a motion to approve the resolution, conditional on the landscape plan being completed. Kent Rose seconded the motjon. A vote was taken and the motion passed 4-1, with Erjc Affeldt opposing. The next itenr of business was an appea'l of a PEC decision on a request for a dens'i ty variance to enclose ten decks at Treetops Building No. 2. Eric Affeldt called up this item because he noticed they were breaking new ground by enclosing the decks. Kristan Pritz reviewed the reasons the PtC appr"oved the enclosures: l. There was a minimal amount of increased 6RFA' 2. Substantial landscaping will be done in excess of that reguired with'the fact that this was a major emphasis of the proposal and did not include naintenance and upgrading which would normally be required. 3. Balconies remain for each unit and are usable. Peter Patten gave additional background information on the item. Staff recommended approval of the exterior alteration, but denial of the density variance. Diana Donovan commented on why and how the PEC made its decision. Tom Briner commented on why he felt the variance should be granted. Gordon Pierce made a motion to uphold the PEC decisjon to approve the request, and Kent Rose seconded. A vote was taken and the rnotion passed 4-1, with Eri c Affeldt opposing. Under Citizen Participation, Diana Donovan remarked she was upset that the four-way was cold and uninvitjng now with the new street lights. Stan Berryman explained the design approvals by the State, and that we actually were able to get ten foot shorter posts and non-standard lights approved. Ron Phil lips stated there would be no Town Manager's report. There being no further business, the meeting was adjourned at 10:50 p.m. Respectful ly submltted, i ,,0,, AITEST: I o lnwn 75 3outh fronhgc roed vell. colorsdo 91657 (303t 476-70@ June 29, L9g7 olllcc ol communlty devctopmcnl l,[r. Torn Briner 143 East Meadow Drl_ve Vall, colorado g1657 Re: Treetops Deck Enclosures, Sunmer Lggz Dear Ton: Recentlyr. you carled ne and asked if it was absolutely requirred that a]l the decks.at the Treetops project ue constructed at the sarne tine. Thls question arlse-du6 to the fact that one or two of the condominium owners are not abre to g- tnro.rgh lrith the construstion for varlous reasons. r.suggested two alternatlves for handling the situation. The ry:! approach wourd be to take out a uufuaing-peirnit for aIr of the deck enclosures. _ The generar site irnpioiements wourd ar.so have to be included undei the buildi"; ;;;ri[. rhe site improvements vere an important part of the-pianning conrnissionfs decision ti approt L tt" ;"il;=i:-";;"i.u choose this.alternati.ve, rt would-Le requirea dnai-a:.r-or'the decks be constructed according_ to plan beiore a tenporaiy -ertificate of occupancy would be released. This alternal,ive ihouta only be used if you feel very confident that the condominium association wirl be lble to convince the two owners that they should participate in the construction or ttre-oeck encrosures.r suggested this alternative onJ-y if it i".r"a-r"iy realistic that some way could be found to iay for the two AelX enclosures. The second approach would be to revise your proposal and resubnit the design-to the Design neviei aoa'ra.' on.. again, it would be irnportant. for the geneiar site imfio".rn"nt" to be incorporated into the new pioporai. once you trive received Design Review Board approvir, a buirdi.s-pirril'-"J"ro be taken out for the project. EXHI ,F t I O / o After talklng to you on Friday, it seens that a new submittal to the nesigi Rev-iew Board is probably the wisest approach. It novt appears that other condominiun owners may rot lrant to partitipate in the deck enclosures and this couLd present iroblerns if you use the first alternative as far as getting a Lernporary celtificate of occupancy. In addition, the final appearan-e of the south elevation of the building would be changed to a greater extent, as more than two o\dners are guesf,ioning pirticipation in the project. This change would f ifefy warrant DRB revl-ew. I hope this letter clarifies our conversation over the phone. If I can be of'any further help, please feel free to call ne at 476-7000 ext 111. Good luck sLncerely, 0, | ..0.1 trnflan Kr1l Kristan Pritz Town Planner KP:br cs: Peter Patten {fi I ^PR 2 2 1991 tirllrririlill. llellelri*irr b 3imtu PC' 75 south trontage road vall, colo.ado 81657 (303) 479.2107 off lc€ of torvn attomey April 18, 1991 Mr. David Murray Attorney-at-Law He l I erstei n, Hel I erstei n and Shore, P. C.P.0. Box 5637 Denver, C0 80217 In Re: Treetops Condomjniums Densjty Var.i ance Dear Mr. Murray: After reviewing your letten of April i1, 1991, dealing with the Treetops Condominiums Density Vari ance, as I stated to you during our meeting oi the other day. it is my opinion that the variance which was obtained in 1987 by your c1 ient has now expired and that if your cl ient still wishes to proceed with the desired improvements, it is necessary for them to once again obtain a variance from the Planning commission of the Town of Vail. / \: t")l39t I enjoyed meeting with you the other day, and 'i s not what you would have liked, but I think Section 18.62.080 of the Municipal Code of the I am sorry that my opinion it is required given Town. If you have any questions concerning this matter, please don't call me. Very truly yours, ,.r'. ; . - ,.,'.'' \\-' ' rt''tt't'ctL (_ - t<-,/Li-1J L'4' tarry rskwi ttr '// Town Attorney F" Jt""'' MACKINToSH BRowN P.C, ATTORNEY AT LA\|r' TWo UNITEo BANK CENTER l TOO BRoaowAy. SU|TE I 5O5 DENVER. CoLoRADo 8O290 ApriL 22, 1991 TELEPHoNE (3O3) 894OAOO FAX (3O3) A3+4262 Attention: l{ike Mollica Planning and Environmental Commission 75 South Frontage Road Vail, Colorado 8L657 Re: Treetops Balcony Enclosures Dear Mr. Mollica: My wife, son and I own Condominium Unit 2-C in Treetops II in t.he Lions Head area. The following is a summary of the history of the proposed balcony enclosures for Treetops II. On June l, L987, the Planning and Environmental Commission ("Commissionr') approved a variance for the enclosure of eight balconies and two decks at Treetops II. A copy of the minutes of that meeting are enclosed with a drawing to illustrate the proposal. You will see that the Commission worried about increasing the GRFA but decided that, since the Association was going to make other substantial land- scaping and structural improvements in time for the t 89 World Cup Races, the variance should be granted. What your records may not reflect is that this proposal was made by Linda Averch, who was then the president of Treetops Condo Association, without the knowledge or approval of the members of the Association. When the proposal was finally disclosed to sorne of the members, it was pointed out to her that the Treetops Covenants require approval of a majority of the menbers for any additions, alterations or improvements to the general anil lirnited common elements of the Association in excess of $120.00 in any one year. These balconies are limited common elements, which by definition are part of the general common elements. After several meetings with the members of the Association, this proposal was finally submitted to a vote of the menbership along with ten other proposed improvements. The results of this balloting dated April 22, t988 and prepared by Jerry D. Ladd, who was the new president of the Association, is enclosed. The balcony enclosures was defeated. Planning and Environmental Commission April 22, 1991 Page 2 As you know, most of the other work approved by the members has been completed, including installation of new railings on Treetops II which match the railings on Treetops I. The two buildings now complement each other and present a uniform staternent. The new proposal is to enclose different portions of the balconies in the E stack only and two of the four porches on the ground floor units in the C and E stacks. The proposal is therefore quite different from what vtas approved by the Commission on June L, L987 . This new proposal was approved by 62.86\ vote of the Treetops members at the annual meeting in December of L990, but part of that proposal was that all costs of the improvements, including architectural, engineering and legal expenses, are to be paid for only by the owners of the seven condo units seeking the enclosures. Aside from the increase in the GRFA which these enclosures would impose, it is the feeling of some of our membership that the solid glass face on one side of Treetops II building will impair the uniformity and symmetry which was achieved by the remodelling in 1988 and 1989. I would appreciat.e being kept informed of all developments in this case. Sincerely, ,42/' t,:4-l6ftea+ 26cxrNros# srft.owN ( MB:ms Enclosure ter " ,t t Planning and Environmental Commission ;fune L, 1987 PRESENT 6f,a-iE-Donovan Bryan Hobbs Pam Hopkins Peggy Osterfoss Sid Schultz Jim Viele ABSENT ,f.J. Collins The meeting hras call-ed to order by the chairman, Jim Viele. 5/LI . A rnotion STAFF PRESENT Peter Patten Kristan Pritz Betsy Rosolack I. 2. Bryan Hobbs to in favor. was made approve (Kristan Pritz exprained the reguest and showed site prans and elevations. she stated that the existing garage and covered stairway currently projeet about 2.1 feet into-the front setback at the structurers northwest corner. The variance reguested was for 2.r feet into the front setback area. The staff recommended approval of the request. Buff Arnold,architect representing the applicantJ further exp).ained the request. Kristan added that there were at present, two kitchens in the prirnary u1it, and that one nust bi renoved prior to construction of the requested addition. Diana Donovan moved to approve the request per the starf memo plus the condition that -one kitchen be- rernoired frorn the prinary unit. Bryan Hobbs seconded the motion. rne voie-was 6-0 in favor. the Treerops condornln=ffiE-ToEE at 452 East Lionshead Circle. 3. t II1:!ll pritz explained.the request, showing site plans and erevations. she exprained that the staff iecomme-nded approvar of the exterior arterations and denial of ttre-a""ritv ,;;i;;;;: Approval of rninutes of 4/27 and by Diana Donovan and-EecdAeaE both rninutes. The vote was 6-0 A request for a front setback variance in order to g*lef""_ . or.r ro-_8,Blockf@ (Ton Briner, architect representing Treetops, pointed out to the board that the staff rnust look at the property in black and white, but that the board could look at tne giey areas with respect to the zoning regulations. He stated that the increase in GRFA was minirnal., that the decks proposed to be enclosed were useless because they were so snall and that they were unsightly because the owners merely used the decks for storage. Pan.Eopkins felt that these were good argunents in favor of the variance requested, but stated that she dia not have a tegal way to approve the decks. She felt the improvements would enhance Treetops condos. sid schurtz agreld with parn and asked if the staff would look at Ordinance a again to try to find. a way to include small changes to rnulti-faniry buildings. Diana Donovan felt the enclosures were not decks, and that she could not vote for the enclosures as encrosed decks. she felt that the space was used as a walkway, not a deck. Kristan stated that the concern when writing ord.inance 4 was that barconies and decks would be enclosed ind result in flat facades which impact mass and burk. rt was difficult to know where to draw the line, perhaps a percentage of existing GRFA would be appropriate. Peter asked if arl the units which would enclose their decks had other outdoor space, and Briner replied that all of the units did have other outdoor space. sriner also stated that all of the windows would become bay windows which would. give relief to the facade. He added thit awnlngs would. also be added. Jin Viele thought perhaps there could be a way to reward.improvement to the property with additional GRFA. He felt that the set of criteria was narrow and added that the improvements to Treetops were more beneficial than negative. He also fert it wourd be good to go back to ordinance 4 io see if changes could be made with reference to rnulti-farnily units. Linda Average, one of the Treetops owners, stated that one reason Treetops wanted to do this now was because of the l9g9 World Cup races. She stated that they were willing to be the scapegoats because she,fert they would set a good exampre for the rest of the comnunity and inspire others to fix up their property. Percentages of GRFA increase r^rere discussed.. Tom Briner estirnated that 75? of dollars to be spent on the project would !3 for-elclosing the_ decks, and possibre 159 for ianlscaping.Diana felt there must be some nay to alrow projects whicir benefit the cornrnunity to such an extent as Ltris. peggy osterfoss asked how long it would take to have a work-iession and effect change, and peter answered it courd be 3-4 months before there would be a change in the r.aw. peggy felt a policy ( \ ( ta ," f ( change was needed. pam felt that this was such a minimal \ amount of GRFA it wourd be a good standard on which to base a policy related to percentages. Diana Donovan moved and Hobbs seconded to approve the variance on the basis that this is the type of projeii the town wourd like to see for three reasons: 1. There is a minimal percentage of increased GRFA. 2- Substantial land.scaping and substantial improvenents to the structures will be done in excess of that required.(This_is a.najor emphasis of the proposal and doe-s not include maintenance and upgrading-whicn would. norrnally be reguired. ) 3. Useable balconies on the same elevation as the enclosed balconies will remain for each unit. The vote was 6-0 in favor. Diana Donovan moved and Bryan Hobbs seconded to approve the request for the exterior alteration. The vote was- e-o in favor. (\ C a o -[' N\J +\o N^\F\ :!h.r \ -I iN{HF tr c\E N\[z rd -\, J fn\{c H P z (n FI <- -+--s 2- It ru 5tt X z o l,z c) F:' tr t.)tfr2 -!s- , ^u v\t 9ii I IJ | -r\l/\) ITTT | \'\lrtr I' I t\ l-\t\l t-\l ll nv t\lv I lLl tr I I t tlt X H r: FI o F3 o t4 H tt lil t,E rt (n 3 H F] .x F . trl H z To: From: Date: Re: JERRY D.LADD Association Treetops Condominium Jerry D. Ladd April 22, L988 RESULTS OF BALLOTING A total of 28 of the 29 units in Treetops I and Treetops II compreted and returned. their ballots regarding barcony encrosures,items of repair and.maintenance, and proposed new impiovements. A clear consensus was achieved on eight out of ten items on the ballot regarding repairs, maintenance, and new improvements. An individual recap of each item follows: Item #I: Repairs and maintenance in the corridors - approved by a vote of 25-yes to 3-no. Repairs and maintenance in the of 25-yes to 3-no. Repairs and maintenance to the f and llreetops II - approved by An enclosure. €q (, r/ Item #2: Dy a voce Item *3: Treetops 4-no. Item #4:tops II and the upper 0-yes to 28-no. Item #5: New entryways to Treetops I and Treetops II and an enclosure around the trash dumpster - the vote was 12-yes and l5-no, but two of the nnon votes were conditionally cast and were in favor gf some improvements to the entrance to Tree-tops II and to the enclosure of the trash dumpster. A new entrance to Treetops I has been voted down. There is an uncertain vote regarding the entrance to Treetops II. There is a tie vote on the issue of a dumpster enclosure. Item *6: New balcoriy Item *6: New balcoiy railings for Treetops II and repaired EIISiffis on TreetopJ r - theie were 14-yei votes and i4-no stairways - approved bridges between a vote of 24-yes to of the elevated bridge between Tree-level garage - defeated by a vote of votes, but four of the 'no' votes were conditionally cast,expressing support for the repair of the Treetops I railings.There ls majority approval for the repair of Treetops I railings, and a tie vote on the issue of ne!,r railings for Treetops II. 2O5O West Severurx Avelur o Delvrn Oor-onam r 8O2O4 o t3O3) 573€442 Treetops Condoninium ApriI 22, 1988 Page Two Association Item #7: New windows on the east side dETE-ated by a vote of 5-yes to 23-no. - Item *8: New siding and painting for Ey-Evote of l0-yes-to 18lno. of Treetops II - Treetops II - defeated K( Iten il 9 : ti-eteatea Item #10:Effips The enclosure d.efeated by a Landscaping of the lawn adjacent to the bike path -by a vote of 9-yes to l9-no. Upgrades to the boilers in Treetops I and II - approved by a vote of 22-yes to 4-no. of the balconies on Units 2E, 3E, 4Er and 5E was vote of 13-yes to 15-no. The Board of Directors of the Treetops Condominium Association has noL had a chance to meet and discuss the results of the balloting,but there is a dedication on the part of the full Board to properly executing aII items of repair and maintenance during the upcoming sunrmer season so that Treetops I and Treetops II will enter the next winter season in tip-top shape. In addition to the repair ancl maintenance included in ltems #L, *2, and *3, action will be taken to remodel and repair the entrance to Treetops I and to repair and,/or replace all of the balcony railings as appropriate. The necessity of replacing the balcony railings on Treetops II will be carefully investigated, and if necessary, will be under-taken. In addition, the Board will identify and execute an economically feasible enclosure for the trash dumpster. As expressed above, there is a fairly equal split in the vote regarding the entrance to Treetops II. There is not majority approval for a 5421477 entrance as proposed in the balloting, but there does seem to be a consensus of support for less expensive alternatives, which could include the installation of some glass in and adjacent to the doorway, with perhaps improvecl lighting. There will be more conrmunication with the Unit Owners in the coming months to keep you abreast of ttre work that is undertaken. Jerry D. 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I h{-l$ 'J4{'{"1 "l"l"l{'{ -l'{dd.l "l l-l x FeeH nns@$ nean@ $$s€@ $n$ta +Jl Edt ,$ l*l | | rl"I,{xlx r{r,j" lt l &l>{-H.l *l*1" "l*ltl ,ltt lrl I -l I l'.1 tlr'l ;l I *l I "l l" I l"l , l*l I *1, "l I ,<l f I j *1, l'{ I "ll | | lrl'. s Elel $ ilsr ;ffiI "l'l"l{nl Itl lll'{"1 +l ll"l .l',1"1,{ "ltl ,1*l(+l'{-l"l -l l"l "lll ttl ttl *ld I " I'i ll il x Hq ,{ llIl l{l"l *J,.l,J"l"l "l"l"l"lrl "l'.1-l"lt{ } l'{ ll 4l g c -l g tl tl t4"l I I "l l'4"1d "l.l"l{"1 nffi *'$lsl $ .Hler b l \?T .) )g t x 2 o ) o \ o t J 1 g I o a ] t J I t C.',e "f*/ ^4 "^';-,? .(^ ,> ,^""-4* ry. # 2. ,6 -Dr-J n/r,,*?L, + Ud.tt;*t ,1t- 7,"4 tV*z ft dz Af4 /0, n?l -('ffi- . 4'(7 7( 5f./1 *1 tl-Xl P+a' e Tatutl,' tu>(/ i{ W% & .ry /24;-# .* e"'^'-V' t/z '7'*"'< -f^ 4 -f "// & blR 2"e<&,/ fr".6-.41 t .ze-a.JiX ,fu ffi a,tz--e F -* fu* / /(t ^+ "-"Y& */%,7^4Mfrn t- Af?'uA.-A- , ,/,4,o // ///,/ - ,//z tfui 4/ZZ11z) 75 south trodag€ toad vall, colorado 81657 (303) 479-21st ofllce of town attomey April 18, 1991 Mr. Dav'id Murray Attorney-at-Law Hellerstein, Hellerstein and Shore, P. C. P.0. Box 5637 Denver, C0 80?17 In Re: Treetops Condominiums Density Variance Larry Eskwith Town Attorney +J' /{b i,un/N ,,: iel'u / Dear Mr. Murray: After reviewing your'l etter of April 11, 1991, dealing wjth the Treetops Condomjniums Density Variance, as I stated to you duli ng our meeting of the other day, it is my opinion that the varjance which was obtained in 1987 by your client has now expired and that if your client sti'l I wishes to proleed with the desired improvements, it'i s necessary for them to once aga.in obtain a varjance from the Planning Corrnission of the Town of Vail. I enjoyed meeting with you the other day, and I am sorry that my opinion is not-what you would have liked, but i think jt js required given Section 18.62.080 of the Municipa'l Code of the Town. If you have any questions concerning this matter, please don't call me. Very truly yours, LOU IS A. H ELLE RST E IN STEPHEN A. HELLERSTEIN IIARTIN H, SHORE JAN ICE HOFi4AN N CLARK EDWARD P. O'BR IE N ROBERT E. 1.4 AR KE L ROBERT W. SMITH SALLY K, ORTN ER DAVID F. f'4 U R RAY EMMY H. STONE BARBARA P. KOZELKA lvllCHAEL A. VELLON E DAV ID A. SHO RE Hr'LunsrrrN, HEr-lEnsttu AND SHoRE, p. c. ATTORN EYS AT LAW II39 DELAWARE 5TR E ET P. O. BOX 5637 DENVER, COLORAOO 8O217 TELEPHONE (303) 573- tOSO TELECOPIER \3031 57t- t27l April l I, l99l Lawrence E. Eskwith, Esquire Vail Town Attorney 75 South Frontage Road Vail, Colorado 81657 In Re: Treetops Condominiums Density Yariance Dear Mr. Eskwith: We are writing on behalf of our client, Treetops Condominium Association ("Association"), concerning the Vail Town Council's affirmance of the Planning and Environmental Commission's ("Commission") grant of a density variance on June 16, 1987 in connection with various improvements and construction in the Treetops project, including the enclosure of certain balconies. Since the time of the Commission's grant of the variance, the Association has spent substantial amounts of money for improvements and construction contemplated under the variance and it now wishes to proceed with the balcony enclosurcs which constituted only one of many proposed improvements. Because the Association has slightly revised its plans concerning the balcony enclosures, it reccntly prepared a Design Review Board Application in order to obtain the Town's approval of such changes. We are advised that the changes reflected in the revised plans affect matters which would only concern the Dcsign Review Board and that variance considerations have been unchanged. We understand that the Associa- tion's architects, Friztlen, Pierce and Briner, contacted the Town's Zoning Administrator prior to submitting the Design Review Board Application to the Community Development Department ("Department") and were advised th.lt it is your position that the density variance has lapsed pursuant to the Town's ordinances. The purpose of this letter is to offer additional background information and facts concerning the Commission's grant of thc variance and the completion of certain improvements contemplated thereunder, and to request that you reconsider your position concerning lapse of the variance. The following is a brief summary of our understanding of the chronology of events in connection with this matter. On or about May 25, 1987, the Association submitted an application to the Design Review Board requesting approval of an exterior alteration and density variance for thc enclosure of ccrtain balconies and a pedestrian bridge, as welI as redesigning and improvemcnt of a lobby and lobby entrancc. The application also proposed substantial improvements and landscaping of the project, including improvement and repair of Lawrence E. Eskwith, Esquire April 10, l99l Page -2- entryways, balcony railings and sidewalks. Enclosed with this letter and labeled as Exhibit nA. is a copy of a memorandum dated June l, 1987 from the Department to the Commission which outtines the Association's request for approval of the proposed exterior alterations. Section I of that memorandum outlines the Association's specific request for the enclosure of balconies and enumerates the additional improvements which the Association had proposed. Sections IV and Y of the memorandum indicate that all of the proposed improvements to entryways, landscaping, lighting and new sidewalks were in compliance with and would further the purposes of the Urban Design Considera- tions for Lionshead. In its recommendation concerning the exterior alteration request, the Department's staff recommended approval o[ the exterior alteration based upon the proposal's compliance with all of the Design Considerations for Lionshead. Also enclosed and labeled as Exhibit copy of a memorandum dated June l, 1987 f rom the Department to the Commission which outlines the Association's request for a density variance to enclose ten balconies in the project. Section IV of that memorandum indicates the Department's position that the proposed improvements and general upgrade of the entire project would have a positive impact on uses in the vicinity. However, notwithstanding the proposal's attractiveness in terms of the Depart- ment's alteration criteria, the Department's staff recommended denial of the overall request based upon its position that the granting of a density variance would violate the town's zoning regulations and ordinances. On June l, 1987, the Commission met to consider the Association's applica- tion. At that meeting the Commission discussed the recommendations of the D€part- ment's staff and ultimately approved the variance on the following three grounds as quoted from the minutes of the Commission's meeting: l. There is minimal percentage of increased GRFA. 2. Substantial landscaping and substantial im- provements to the structures will be done in excess of that required. (This is a major emphasis of the proposal and does not include maintenance and upgrading which would normal- ly be required.) 3. Useable balconies on the same elevation as the enclosed balconies will remain for each unit. Enclosed and labeled as Exhibit "C" is a copy of the a bove-referenced rninutes of the Commission's meeting on June I , 1987. The Commission's decision to approve the proposed exterior alteration and density variance was upheld by the Vail Town Council on June 16, 1987. A copy of the minutes of the Vail Town Council's meeting is enclosed and labeled as Exhibit "D." Subsequent to the Vail Town Council's decision upholding the Commission's grant of the variance, Town Planner Kristan Pritz wrote a letter dated June 29, 1987 to Lawrence E. Eskwith, Esquire April 10, 1991 Page -3- the Association's architect, Mr. Tom Briner, wherein she addressed certain questions concerning the proposed construction. In that letter, a copy of which is enclosed and labeled as Exhibit "E," Ms. Pritz stated that the general site improvements proposed in addition to the balcony enclosures were "an important part of the Planning Commission's decision to approve the request." Subsequent to the Town Council's affirmance of the Commission's grant of the variance on June 16, 1987, the Association commenced work on the various improve- ments contemplated under the variance. Specifically, between July 1987 and July 1988, the Association expended approximately $ 195,000.00 f or various repairs, improvements and landscaping contemplated under the variance. This work included major entryway improvements, installation of new balcony railings, new facia and other exterior im- provements as proposed in the Association's original Design Review Board Application. Between August 1988 and August 1989 the Association expended approximately $65,000.00 on additional improvements and repairs contemplated under the variance, including enclosure of the walking bridge, substantial landscaping, new sidewalks, drainage improvements and balcony railing repairs. Since September 1989 to the present, the Association has expended approximately $31,000.00 on f urther improvernents and landscaping contemplated under the variance, including construction of a dumpster enclosure. Additionally, the Association has paid approximately $ 15,000.00 since June 1987 for work done by its architects in connection with the proposed balcony enclosures and other improvements to the project contemplated under the variance. This figure includes architectural services rendered in 1991. We would be happy to provide you with copies of account ledgers and billing statements reflecting the costs incurred by the Association for such improvements, landscaping and architectural services completed on behalf of the Association. Section 18.62.080 of the Town of Vail Ordinances provides as f ollows: The Zoning Administrator shall issue a variance permit when action of the Planning Commission becomes final, subject to such conditions as may be prescribed by the Commission. The permit shall lapse if construction is not commenced within one vear of the date of issuance and diligently pursued to completion. (emphasis added) Our review of the Department's file on the Treetops project indicates that the Zoning Administrator never issued a written variance permit subsequent to the Town Council's affirmance of the Commission's grant of a density variance as required by the above ordinance. However, we are advised that it is not unusual for the Zoning Administrator to not issue a written variance permit and we presume that this omission has no substan- tive effect upon the validity of the variance. The foregoing reflects that the Association has incurred substantial costs for improvements and repairs that were specifically contemplated under the variance granted by the Commission and that many of those repairs and improvements were commenced within one year of the Town Council's approval of the variance and diligent-ly pursued as required by the ordinance. As you can see, the Association has spent more than $300,000 on improvements which the Commission considered as the basis for its Lawrence E. Eskwith, Esquire April 10, l99l Page -4- approval of the variance. As with most condominium associations, the Treetops Associa- tion is a relatively slow moving and inef f icient political body. However, the Association deliberately commenced signif icant and costly improvemcnts under the variance within one year of the Town Counsel's action and has completed the majority of the contem- plated improvements in continuous stages up to this day. Quite simply, the Association first completed those improvements most important to the Town and now wishes to begin the final stage of the proposed improvements - the balcony enclosures. Accordingly, we believe that the variance granted by the Commission remains valid and effective and that the Association should be permitted to proceed with the balcony enclosures, subject to the Design Review Board's approval of the revised plans for such improvements. We believe that our position is in accordance with the express provisions and spirit of the Town's ordinance. As stated by Ms. Pritz in her letter to Tom Briner, the general improvements were an important part of the Commission's decision to ap- prove the request. To deny the Association permission to proceed with construction of those improvements which were of primary importance to it, af ter other improvements which were inextricably linked to the variance have been completed, would be unjust and frustrate the essential purpose of the process. As a side note, we are advised by the Association that the owner's wishing to enclose their balconies have agreed to convert their fireplaces from wood burning to gas burning in the event they are allowed to proceed with the enclosures. Please contact our office after you have had an opportunity to consider the foregoing to advise us of your position on this matter and whether the Association may proceed with its Design Review Board Application in connection with the revised plans for the balcony enclosures. Your assistance in this matter would be appreciated. Very truly yours, HELLERSTEIN,HELLERSTEIN AND SHORE. P.C. David F. , .^.- .A *J=t'Murrav /''/ V DFM/jm Encls. June 1, l9B7 A request for an exterior alteration to encLose t0 decks and redesiqn entrie" t" itre .Ireetops ff Condorninium euilaing Applicant: Treetops Condominium Association r. THE PROPOSAL The Treetops Condoninium Association is reguesting an exterior al-teration and density variance* for the foll0wing construction at the ireetops rr nuirai'q (east condominium buildirig) : TO: FROM: DATE: SUBJECT: The 1. Planning and Envj.ronmental Comnission Community DeveJ_oprnent Department 1. Enclosure of: 5 existing decks @ 39 sq ft per deck 2 - Enclosure of 3 * .i *,jry" _l ,ffi, : 195 sg ft : 23O sq ft 8o sq ft: Additions of wood siding to the east builcling and remodeling of ilre east building balcony iuiiinq=-t"provide a visual consisten"y oi materills, a"liir,and color between the two rlsidentiur ir"iiai;;;:-, An upgrade of exterior Iicahting. A density variance is reqtrired for the 10 deck enclosures, as the_ project is already over the allowable GRFA. please see the memo concerning the density variance for a more detaired analy=i"'Jr-lnr"request. 5 existing decks Q 46 sq ft per deck Enclose pedestrian bridge , Redesigning the existing Iobby and creatir"rg a new lobby .nfry, 2s0 sq ft association is also proposing to do an entj.re upqracle the existing project wnicn ,",ita-i""I;;";"-t-- "..Y An added protective entrance at the east entry. An increase of .I?lg:""ping along the bike path (south side of the project). 3. An increase of landscaping at the west buildi.ng entrance. E,,4" II COMPLIANCE WTTIT TI{E PURPOSE SECTION OF COIIMERCIAL CORE II ZONE DTSTRICT Section 1-A.26.01-O purpose The Commercial Core fI zone district is intended to provide sites for a mixture of mu1t.iple dweJ"J.inqs, Iodc;es,and conmercial establ-ishments in a clustered, uitiiiea deveropment. commercial core rr district in accorda^ce with the Vail Lionshead Urban Design Guide pran ancl Desican considerations is intended to ensure aclequate liqlrt, ai.r]open space and other amen j.ties appropriate to t.lre permitted types of buildings and uses and to maintain the desirable quatities of the district by establishing appropriate site development standardi. 'I'his proposal is in compliance witir the intent of the Commercial Core II zone district. III. COI"IPLTA}.ICL I.]T'I'H T}IE URI]AI.I DESIGN GUrDE PI-AN I;.c)It L I OI lll I i fii, r.r P"99"! t lg! _ sIe s__to ov e rcome tne cqqyo_q_e*r1gc q 9 q tg I ] _ bu i Id iirgs_ . -I t sJ'a t.js ttr-at'i6u-if afri?i-ex pa nC&r r,,shal] generally be lilnited to one storv an.l twcl slal.+ qenerallv be. Irnrt,ed to one story and tvJo scorrgs o{ qs c+l be_derlonstrated to have a posj,ti.,,,e vrsual and functional_ effect, " Staff rs opinion is that the inrproved entry i,/ays,landscaping, Iighting and new sidewaLks wiLl- furtfrer def ine pedestrian areas. The height arrcl rnassing of the entry is only one stoly which coniplies rvittr 1,lr js consideration. I'here are no sub-area concepts that relate to this proposal- . IV. COI'IPI,IANCE WITII 'IIIE URBAN DESIGT.I CONSTDEIiAI'TOI,IS FOR LIOTJS}IEAT) A.Hgiqht an{ Massincl: This considerat_ion_erriphasizes the creation of a vrel"] clefined qiounallr: Roofs: Flat, shed,__f_a!!tecl or dome roofs are es"e._r,_g-uUl-!e-ETL]='{|,,,s_e_xp.q1ET.9ffi irt:to inl-eclf_aLe expansiorrs wich exist_irrg buildiiits-sc @& - il to ct'.",r*-, i .rua-rj qi-r-41 Lionshead. The.applicant has proposed an entry addition and deck additions that are compatible with the ex j.sting condominium builcling. ^ .Ihe proposed entry oaJidi.or., ro building No. l_ iras a. forrn "ilo bi["n *at"i.,i.,q-irrit""f the sloped roof s c-rn botlr conciorninrum bui.ldirrc_rs - I g g q g e s. -. }l q I ] sts*! Ig r!-Slgi_lg n_c_1e r e, c o t.r c r: e r e b I o c 1.. This proposal compl ies entries wiIl be stucco.be added to Builcling #z colors and stain cofors buildings. wiLh these nrateri.al-s. ,t,he Ilori z onta I wood siclinq will to natch Building #1. ,I'rim will rnatch for both n Even though this proposal is a residential expansion,it should be noted tirat the new constructron wi. l.l have an adequate amount of transparency tt)roLlr;l).lrlr.the expansion. 'I'he new entry ha's many w j.rrclor.rs .irrti shaLlow bay witiclows are proposecl at tlre Len l.oc:rt, rolt:;of the balconies for Treet.ops II. ge€++4!. @nal decks or-*_p-e_r !o: r_f-rlE-ereme.rc Ll_ I,ie11ghead anci aFe triqtif ; ltra_g€q/_orr _q i.!l]gq- t_lre round or second ffoor fJvef. ' This consideration refers primariry to conrnrercii,rl decks , As the _ appl icant. tas statecl , ,'l,l.rrrow existing balconies on BuiLding #2 are proposeci to be enclosed by bay windows. theie existing Laiconies are not functional_ in terms of providin{ seating for dining, sunning or any other ouldoor ac€iviiv.,,Remaining deck and balcony.railj-ngs "n guiiJing fl2 are to be replaced with railings nratching nui:.A:.n.J #1. F. Accent El"ements: Juclicious ysg,"f qglg-ftil!,q_c_Ceq! @ t u;ffi" }:_._uq_,-gll il l;l(. r.,:, r" -() l.Lionslreacl --qe errcotrlnggtl .- -- The .rpplicant ilas st.ated tftat, ,"Io assure i-s no l-oss of rel_ ief to the south facade tl)at there .rt Building adclresses prrnarrly qround $cor comffi=encouraqes the usffi.fft;-t;. #2 due to balcony enclosures, awnj.ngs are proposed to be integral with the bay window ass6rnlfy. 'e""i"g= wiLl be canvas, with a iolor and pattern acceptable to Design Re.riew Bcard. Additionll IanCscaping ac the west entry and along the bicycle path will include annual flovrers and shrubs. New Iightinq is also proposed for the entire nroi er:t - si..af r r,opinion is rhar rhe accenr "r:;:i:';;to:ii;; i"r"r=mcstly to commerciaL areas. Howevei, the Iighting and landscape improvements wilI only irnprove the appearance of this project, our opinion is thac the alnings are not necessary to na j.ntain relLef to the south facade. However-, this is a Desrcln Review Board issue. G. Landscape Elements ( The proposal_ adds additional landscaoing J-n the area of the u/est e.ntry and on the south side-of the Staff believes that these improvements are j-n compliance with this consideiation which encourages the use of plant naterial to accent buildinqs, STAFF RECOM}4ENDATIONS Steff reconmends apprcval cf r_he exEerior ;rlte racion recruest. f t is our. opinion that the propcsal ccnp.!- ies wich al-1 of the Design considertions for Lionshead. The project creates sJ-gni f i-cant improvenents tc the T::eecops proj ect, ( TO: FROM: DATE: Planning and Environmental commission Community Development Department June l- , L987 II SUBJECT: A requesL for a density variance to enclose 10 decks at the Treetops Condominium [luilding #2 APPLICANT: Treetops Condominium Association DESCRIPTION OF VARIANCES REQUESTED The Treetops Condominium Association is requesting a density variance to enclose I0 existing outdoor decks on the south side of the building. The Treetops Building #2 is the east building behind the Treetops commercial building. Five of these decks are 39 square feet each and five are 46 square feet each, which creates a tota.L additional GRFA request of 425 square feet. The existing GRFA on the site is 36,369 square feet. The a1lowable GRFA in Commercial Core II for this project is 30,952 square feet. The project is presently over the allowabte GRFA by 5,4I7 square feet. If this request is approved, the project would be 5,842 square feet over the allowable. BACKGROUND ON THE REQUEST In August of 1983, the Treetops Condominium Assoc j-ation requested a rezoning of their property from High Density MuIti-Farnily (.6o) to Commercial Core II (.B0) zoning. 'I'his request was made in order to construct the commercial expansion to the north of the two residentia] bu j-ldings. Under High Density MuIti-Family zoning, the project was allowed 23t2L4 square feet of GR!-A. Due to the rezoning, the project j-s noqr allowed 30,952 square feet. The rezoning increased the allowable GRFA bY 7,738 square feet. In January of 1984, the Condominium Association requested an exterior alteration in order to add the retail expansion above the existing parking structure. In Jul-y of 1986, a request was made to enclose 1o decks for an additional GRFA of 665 square feet. Staff recornmended denial- of the request. The Planning Cornrnission moved to deny the request, as it was felt that it would be a grant of special privilege to approve the additions. The vote was 6-0 in favor of the motion. The Treetops Condorniniurn Associatiop appealed the PLanning Commission's decision to the Town council. The Town Council upheld the Planning Comntission's decision to deny the request. /// IIT. ZONING STATISTICS Zone District: ComnerciaL core II Site Area: + 38,690 square feet* GRFA: (.80) Allowable: 30,952 sf Existing: 36, 369 sf Ant. over allowable: 5,4L7 sf Proposed: 5 decks 0 39 sf = 195 5 decks € 46 sf : 23O Common Areaz (2OZ of Allowable GRFA) Allowed: 6r 19O Existing: 4,3gO Proposeds bridge 80 lobby 260 Existing & Proposed 4,73O Rernaining l-,460 Site Coveraqe: (7OZ) Allowed: 27 t1g3 sq Existing: 2L,67O sf Proposed; 3o0 sf Exist & Addit. 2L,97O sf Remaining 5, 1.13 sf Setbacks Total Proposed: 425 sf Amt over after additions: 5842 sf Total GRFA after additions: 36,794 sf Units: Allowed: 22 d.u.Existing: 26 d.u.Proposed: O Required 10 ft all sides. No impact with proposal Landscaping: (ZOZ of sj.te area required) Required: 7,738 st Existing: 12,OOO sf approx. Height: Al}owed: 4Br sloping, 45' flat Existing and proposed: same Parking: IV. CRTTERTA AND FINDINGS The units that have deck expansions have existing GRFA totals that range from 1315 sf to 1326 sf.The deck expansions of 39 sf or 46 sf do not increase the square footage above 2, OOO sf which j_s the breaking point for additional" parking. lotal site area was caLcul-ated by Bud Stikes, The Engineering Group, Inc. propert| l-ines do not "io"", uo square foot.age is -t- 38,690 square feet. Upon revie$, of Criteria and Findings, Section l_8,61,060 of the municipal code, the Departnent-oi community Deveropment recommends denial 0f the requested variance balecr upon the following factors: Consideration of Factors: The additions are compatiblr: with the existing uses in the area.. Th9 general upgrade of the entire project wiII have a positive irnpact on uses in Lhe vicinitv. The degree to which rerief frorn the strict and riteral -ffiio,, i= ttecessa ry to acnTFlre-c?rlp+I riE a nd un iio?mlFjtF.=:treatrnent amoncr sites i[--ttre-viEi-nlEv or !o at!_aiir the qrant of sp""i.r rrtiiir"os_. Staff's opinion is_that this request would be a grant of special privilege due t.o the ract that there is io physicar hardship which would warrant the variance. It l= the applicant's responsibiLity to prove physical hardship and the fact that the granling or the'vlriance wilr.not be a special privilege in order to get approval for the e to other existinq or potential uses an density variance. Due to the fact that it is difficurt to make the arguments of physical hardship and lack of special privilege when reviewing a density request, ordinance fl4 of 19Bs was adoDt.ed to allow for small_ GRFA additions without the need for variance approval. Unfortunately, this ordinance does not provide a means for allowing additions to units in multi-fanily buildings. Units of this type were onitted, as the Town counciL and Pranning conmission were concerned about the potential to increase the bulk and mass of multi-family buildings to a point where there wourd be nec-lative irnpacts due to the additions. Legal issues also conl-ri.buted to tlre inability of this ordinance to accommodate multi-family additions. In respect to this request, Ordinance #4 does not provide any relief from having to review multi-familv additions with the density variance criteria. The effect of the requested variance on tiqht and aj lgllq_snq_3r!r, ies ancl utilities, anci r:ubl i racr.rr_cles, puDt rc tacllrtles ancl ut.ilities, anci ].)ubl je There are no significant inrpacts on any of the above factors V, REI,ATED POLICY IN VATL'S COMMUNI'Y ACTIOI,I PLAI,I Cornmunity Desiqn 2. Upgrading and rernodeling of structures ancl site irnprovements should be encourageci. 5. Maintenance and upkeep should be a priority of property owners and of the Town. 1'his proposal for the deck encl"osures and the otlter c;eneral irnprovements to the project supports the Comnrunity Action Plan policies. Such other factors and cr:iteria as the conrmission clcerns apr:LiEalre Co ttG propose.t _yef$ q. VT. PINDINGS The Planning and Environmeutaf Commission shall make the follow ance: -That the granting of the variance wi]r not constitute a g].-;rnt of special privilege inconsistent with the Iimitation= oil other propertj-es classified in Lhe same district. That the.granting of the variance will not be detrimental to the public hear-th, safety or werfare, or materiaJ-ry injurious to properties or improvements in the vicinity, That the variance is warranted for one or more of the forr-owincr reasons a - The strict or literar interpretati-on or enforcement of the specified regulation would result in practical difficuttly or unnecessary physical hardsirip inconsistent with the objectiir"= of this title. There are exceptions or extraordinary circumstances or conditions applicable to the sane sile of the variance that do not apply generally to other properties in the same zone. The strict interpretation or enforcement of the specified regulation woulcl cleprive the applicant of privi-reges enjoyed by the owners of other- properties i'the same district. STAFF RECOT4MENDAl'ION VT The proposal- involves both a density variance and exterior arteration request. The exterior alteration criteria are used to review the design issues related to the request.Even though the proposal compares favorably given the arteration criteria, the staff nust recomrnend clenial of the overal-I request, as we cannot support the density variance. The originar concern of the council and commission concernrncl nultj.-farnily additions was that the building's bulk and mass-nay be j-ncreased to a point where negative impacts would occur from the expansj-ons, fn thj-s situation, the expansion and overall improvements to the property are considered to be pos j-tive. llowever, staff muit aUiae by the variance criteria, and therefore nust recommend cleniaf or tllo request. Basical-J.y, the staff has the same position tirat- was outli.necl in the Juty 14, 1986 memo when l-0 deck enclosur.es were al-so being considered for this projecb. rt is t-rue that there are no significant impacts resulting from thj_s proposaL Ilowever, the staff does feef th.1t it would be a grant of special privilege to approve the request. ft must al.so be noted that the property is over the al-lowable GRFA and nunber of units for development under Commercial Core II zoninq. III A. VARIANCE REQUEST In accordance with that-provision of 0rcl.i nance No. 4 aliorving for an increase of 250 square feet t0 single arrd duplex dwelling r,,it, or-i,,inducenrent for tlre upglaOing of existirrg structures, the Treetops Corrdorninrurrr seeks a variance to allow a total adclition of 425 rqru.u feet to the existing GRFA total of 35,97r square feeL - an increase of i.r:,, The proposed additional GRFA cornprises of 4 balcony enclosures and I deck enclosure at 39 squ.rre feet .rnri 4 balcony enclosures arrd l deck enclosure at 46 square feet caclr The balconies to be enclosed are 3.5 feet wide. They provide'l itlle to no roon for outdoor furniture, i.e. no outdoor activity, but have been utilized as storage arcas visible frorrr tlre vicirrity ot" tlre bike lralir. The area is bejng added to the living rooms, not the beclrooms thus the bed base and/or density will not be increaseo. The request and.subsequent approval ol'tlris variance is necessary for the Association's approval of the entire up-grading package vrhicir i ncI udes: l. Added protected entrances to botir buildinqs.2. An increase of landscaping along Lhe bike patlr.3. An jncrease of Iandscaping at the l.rest buildinq entrance.This feature faces East Lionshead Circlc ancl vril I prr:vide a Inore attractive pub)ic forcAround Lo Lhc buililinq.4. Additions of wood siding to the cast bui)ding and ienrorJclirrg of the east building balcony rai linqs [o provide a visual consistency of nraterials, detajl and color betrveerr trre two residential buildings.5. An upgrade of exteri or I i ghti n9 . /lt The requested variance does not effect other existing or potential uses and structures in the vicin.i ty. A-2 The literai jnterpretation of the ordinance:a. l'lakes inrpractical the use of existing balcony space for i ts intended use as an outdoor s ittirrq .rrea b. ProrloLes continuing difficul Ly of policing and nraintainirrg the g'iven balconies due to their propensity to be utilizetl as genera I storage areas c. Prec ludes uni t olners frorn taki ng advantage of .i nduccrrrent offered other (single and dupiex) unit oviners to upgrade their properties d. Disal lows at this tinte a slructured, unil,ied antl v.i sual ly consjstellt approach to balcony errclosures that otherr.rise might not occur jf and when 0rdirranct: I,lo. 4 was to ue arrrended co include ruul ti-farrrily projc.cts e. Precludes any of those advantages to unit owners througlr additional GRFA that have accrued to unit ov,ners in ocner projects who have clarrdestinely enclosed their balcoriies VISUAL IMPACT OF REQUEST Al I olabl e GRFA: 3l 240 Comparison indicates that the allowed vjsible inpact of a <juplex nray be 9 tintes greater than that requested by Treetops. COMPARISON OF II.IPACT ON ALLOWABLE GRFA VS ACTUAL GRFA 500 sq.ft. allowable add'i ti on to GRFA = l0%of totai Requested 425 sq.ft. add i ti on = 'l .3? Ac tua I GRFA 35971 Treetops 35971 sq . ft. Reques ted 425 sq. ft. addi ti on to actua l GRFA = l.l?of total Reques ted 425 sq.ft. addi ti on = l.l% The requested 425 sq.ft. has a'lmost equal significance vrhen conrpared to the Allowable GRFA and Actual GRFA. The difference is .2% or 60 square feet. The applicant beljeves that the variance request is a reasonable trade off against the several upgrading inrprovernents that will add benefit as vrell to the Lionshead appearance. A-J The request variance does not effect distribution of population, transportatiorr,traffic facjlities, utilities and public safety. Dupl ex 5000 sq,ft. Planning and Environmental Commission June l- , 1987 PRESENT DIana Donovan Bryan Hobbs Pam Hopkins Peggy osterfoss Sid Schultz Jin Vie1e ABSENT J.J. CoIIins The rneeting was call"ed to order by the chairman, Jim Vj-ele. 1. Approval of rninutes of 4/27 and 5/11. A motion was made by Diana Donovan and seconded by Bryan Hobbs to approve both minutes. The vote $/as 6-0 in favor. Applicants: NeiI and Nancy Austrian Kristan Pritz explained the request and showed site plans and elevations. She stated that the existing garage and covered stairway currently project about 2,1 feet into the front setback at the structurers northwest corner. The variance requested was for 2.1- feet into the front setback area, The staff recommended approval of the request. Buff Arnold,architect representing the applicants further explained the request. Kristan added that there were at present, two kj-tchens in the primary unit, and that one must be removed prior to construction of the requested addition. Diana Donovan moved to approve the request per the staff memo plus the condition that one kitchen be removed from the primary unit. Bryan Hobbs seconded the notion. The vote was 6-o in favor, 3. A rgquest.for qn e{teriof altgr_ation qnd a 4ensitv-variance in order to encl-ose 8 balconies and 2 decks at Circle.EpEfEEnt: Treetops condomi-niurn Association Kristan Pritz explained the request, showing site plans and elevations. She explained that the staff recommended approval STAFF PRESENT Peter Patten Kristan Pritl Betsy Rosolack E ,C" of the exterior alterations and denia] of the densit.y variance. Tom Briner, architect representing Treetops, pointed out to the board that the staff must look at the property in black and white, but that the board could look at the grey areas with respect to the zoning regulations. He stated that the j-ncrease in GRFA was minimal , that the decks proposed to be enclosed were useless because they were so srnaLl- and that they were unsightly because the owners merely used the decks for storage. Parn Hopkins felt that these were good arguments in favor of the variance requested, but stated that she did not have a Iegal way to approve the decks, She felt the improvements would enhance Treetops Condos. Sid Schultz agreed with Pam and asked if the staff wouLd look at ordinance 4 again to try to find a way to incl-ude small changes to multi-family buildings. Diana Donovan felt the enclosures were not decks, and that she coulcl not vote for the encl,osures as enclosed decks. she felt that the space was used as a walkway, not a deck. Kristan stated that the concern when writing ordinance 4 r,/a s that balconi-es and decks would be enclosed and result in flat facades which inpact mass and bu1k. It was difficult to knovr where to draw the line, perhaps a percentage of ex j-sting GRFA would be appropriate. Peter asked if all the units which would encLose their decks had other outdoor space, and Briner replied that aII of the units dj-d have other outdoor space, Briner also stated t\at all of the windows would become bay windows which would , .,e relief to the facade. He added that awninqs would also be added. Jim Viele thought. perhaps there could be a way to reward irnprovement to the property with additional GRFA. He felt that the set of criteria was narrow and added that the improvements to Treetops were more beneficial than negative. He afso felt it woul,d be good to go back to ordinance 4 to see if changes could be made with reference to rnulti-farnily units. Linda Average, one of the Treetops owners, stated that one reason Treetops wanted to do this now was because of the 1989 world cup races. She stated that they were wil1ing to be the scapegoats because she felt they would set a good exampl-e for the rest of the community and inspire others to f j-x up their property. Percentages of GRFA increase were discussed. Ton Briner estinated that 75? of doll-ars to be spent on the project would be for enclosing the decks, and possj-ble 15? for landscaping. Diana felt there Inust be some way to alfow projects which benefit the cornmunity to such an extent as this,Peggy Osterfoss asked how long it would take to have a work session and effect change, and Peter answered it could be 3-4 months before there would be a change in the law. Peggy felt a policy change was needed. Pam felt that this was such a minimal amount of GRFA it would be a good standard on which to ba I a policy reLated to Percentages. Diana Donovan moved and Hobbs seconded to approve the variance on the basis that this is the type of project the tol.rn would like to see for three reasons: L. There is a nininal percentage of increased GRFA. 2. Substantial landscaping and substantial irnproverngnts to the structures will be done in excess of that required. (This is a rnajor ernphasis of the proposal and does not include maintenance and upgradinq which would nornally be required. ) 3. UseabLe balconies on the sarne elevation as the enclosed balconies will rernain for each unit. The vote v/as 6-0 in favor. Diana Donovan moved and Bryan Hobbs seconded to approve the request for the exterior alteration. The vote was 6-0 in favor. y:f,'#* ryncit ,t'tohw 'rrbrat l?t lq67 denial . Tom stated the Planning Commission had recommended approval of the extension for one year only with the following recommendations to Council: 1. The Town Councjl look at the parking requjrements; it seems they may be overlY restri cti ve. 2. The Applicant initiate talks with the VaiI Valley Medical center like last year regarding shared Parking' Peter Jamar, representing Vail Holdings, urged the Council.to hire a third party ro tirJv ioag.i, hot.ls, etl. parking needs; he did not feel it would be near as mucn a, ni'.t wis required. He commenttd the Applicant would agree to a twelve month ;;.;;;, i.a ttrrJ lanaicape plan is underway'and should be done bv September 1, 1987' nft.r rorc discussion by council, Mayor Johnston made a motion to approve the ,..iofriion, conditional on the landslape plan being completed. Kent Rose seconded the motion. A vote was taken and the motion passed 4-1, with Eric Affeldt opposing' The next item of business was an appeal of a PEC decision on a request for a densily ui.iin." to enclose ten decks at Treetops Building No. 2. Eri c Affeldt called up ttris item because he noticed they were breaking new ground by enclosing the decks' Kristan Pritz reviewed the reasons the PEC approved the enclosures: 1. There was a mininral amount of increased GRFA' 2. Substantial landscaping will be done in excess of that requjred with the fact that thii was a tiiot emphasis of the proposal and did not include maintenanceandupgradingwhichwouldnormallyberequired. 3. Ealconies remain for each unit and are usable' Peter Patten gave additjonal background information on the item. staff recommended approval of t[e exterior alteration, but denjal of the densjty variance' Diana Donovan commented on why and how the Ptc made its decjsion. Tom Briner commented on rfr'-f'. f"fi the varjancl should be granted. Gordon Pierce made a motion to uphold the PEC decjsion to approve the request, and Kent Rose seconded' A vote was taken and the motion passed 4-1, with Eri c Affeldt opposing' Under Citjzen Participation, Diana ponovan remarked she was upset that the-four-way was cold and un.invitint now'with the new street iights. stgn Berryman explained the U.ii'r ipprovals UV thE itit., and that we actually were able to get ten foot shorier posts and non-standard lights approved' Ron Phillips stated there would be no Town Manager's report. There being no further business, the meeting was adjourned at 10:50 p'm' Respectfu'l )Y submi tted, E ,,D" Rose, ATTEST: lnwn 75 soulh tronlegr road vEll. colorado 81657 (3(xl) 476-7000 June 29, L987 otflce ol communlty developmenl !lr. Ton Briner 143 East Meadow Drive Vail , CoLorado 81657 Re: Treetops Deck Enclosures, Sunmer 1987 Dear Tom: Recently, you called me and asked if it was absolutely required that all the decks at the Treetops project be constructed at the sarne tirne. This question arose due to the fact that one or two of the condoninium owners are not able to go through with the construction for vari.ous reasons. I suggested trvo alternatives for handling the situation. The first approach would be to take out a building perrnit for all of the deck enclosures. The general site improvements would also have to be included under the building perrnit. The site improvements were an irnportant part of the planning Cornmissionts decision to approve the request. If you choose this alternatj.ve, it woul-d be required that all of the decks be constructed according to plan before a temporary certificate of occupancy would be released. This alternative should only be used if you feel very confident that the condoninium association will be abl-e to convince the two owners that they should participate in the construction of the deck encLosures.I suggested this alternative only if it seerned very realistic that sorne way could be found to pay for the two deck enclosures. The second approach would be to revise your proposal and resubnit the design to the Design Revier,r Aoald. Once again, it would be important for the general si_te irnprovernents to be incorporated into the new proposal. Once you have received Design Review Board approval, a building perrnit could be taken out for the project. EXHIBIT r" i \ ------ -"" " '- After talking to you on Friday, it seems that a new submittal co tn. oesigi Review Board is probabJ.y the wisest approach. It now appears that other condominiun owners may not want to partiiipate in the deck enclosures and this could present iroblernl if you use the first alternative as far as getting a i.rporary ceititicate of occupancy. 11 a!af!i9n, the final appl.ranle of the south elevation of the building would be changea to a greater extent, as more than two ohlners are guesfioning pirticipation in the project. This change would likely warrant DRB review. I hope this letter ctarifies our conversation over the phone. rf I can be of .any further help, please feel free to call ne at 476-7000 ext l-11. Good luck. Sincerely, r/, I ..{).I trnflan Kr1l Kristan Pritz Tovrn Planner KP:br cc: Peter Patten Project Application / -/'1 --{ -4.r - \ ,. . n..,l,?r i ,,a( ,r.l 'Jr(u,"f -<) EC,tt n (,/ o^," /ofs, /?o Projecl Name: Project Description:1s--iL LH /1 ,/\ t tr<.t € contacr person and enon" Y]\ a yr.{ &a-n*n'u,,"- a ) 6 - 2 zz /' Owner, Address and Phonei Architect, Address and Phone: Legal Description: Lot Block Filing Zo^e - Comments: Design Review Board Date Motion by: / t, ,( seconded ,, Ln ' Vhf APPROVAL D ISAPPR OVA L *o( /" a"I ctfL/Summary: K ,4t/.,[. Town Planner ,^r" to/st ,/qo E statt Approval DRBAPPLTCAITTOII I i ^.. DArE ApplrcArroN REcETvED: t " ltQ I 7'l DATE OF DRB UEETING: , I *****THIS APPLICATION WILL NOT BE ACCEPTED UNTII., ALI, INFORMATION IS SUBMITTED***** I. PRE-APPLICATION I'IEETING: A pre-appll-catlon meeting with a planning staff member Ls strongly suggested to determlne lf any addJ-tlonaL lnformation ls needed. No application w.111 be accented unless it is cornplete (must include all items required bv the zoning adrninistrator). It is the applicantrs responsibility to make an appointment with the staff to find out about additional submittal requirements. Please note that a COMPLETE application will streamline the approval process for your project by decreasing the nurnber of conditions of approval that the DRB may stipulate. ALL conditions of approval must be resolved before a building pennit is issued. Application wiII not be processed without onnerrs Signature. A. PROJECT DESCRIPTION:Lionshead,/rirst Fi ling B.I€CATION OF PROPOSAL: Address 450 E. Lionshead circle Legal Description Subdivision Zoning c.NAME OF APPLICANT:Treetops Condominium Association Mailing Address:450 E. Lionshead Ci-rc1e Phone 47 6-6982 NAME OF APPIJICANTIS REPRESENTATIVE:Marvel Barnes Mailing Address:f43 E. Meadow Dr., Suite 397, Vail, Co Lot Block 6f of / E. Phone SIGNATURE (8) : Mailing Add,ress: Phone Condominium Approval if appticable. DRB FEE: The fee witl be paid at the tirne a buildinq nermit is paid for. F. G. VALUATION $ 0-$ 1o,o0o $10,ooL-$ 5o,ooo .+iqo*Of *: - 'f,_ T5o-;Tflr) $150,001 - $ 5o0ro0o $500,00L - $L,ooo,oo0 I Over $Lr 000r 000 FEE $ 10.00 $ 25.00 s s0. oo $r-00. 00 $20o. 00 $3 00. o0 ,LIST OF I-TATERIAI,S 7l'/a NAI,IE OF PROJECT: I,EGAL DESCRIPTION: STRXET ADDRESS: DESCRIPTION OF PROJECT: I'T- The followl-ng informatlon Ls Review Board before a final A. BUILDING I,iIATERIALS: Roof Siding Other WaLl Materlals Fascla Soffits Windows tlindow Trin Doors Door Trim Hand or Deck Rails FIues Flashings Chimneys Trash Enclosures Greenhouses other B. I"ANDSCAPING: Name requlred for subnrlttal to the Deslgn approval can be given: TYPE OF I.TATERIAI, COI.OR feoa/ess t4/u,r,.o /a.55;' 7t oZ PIANT }TATERIAI,S: PROPOSED TREES of Deslgner: Phone: Botanical Nane ,a/ -n 1< rnoo< Cornrnon Name ouantitv Size* art/ arzV oio- EXISTTNG TREES TO BE RSMOVED *Indicate caliper for declduous trees. MlnLrnun caliper for trees. Indl.cate helght for conlferous PIANT UATERIALS: Botanical Nane Comnon Nane Ouantity Size* PROPOSED SHRUBS EXISTTNG SHRUBS TO BE REMOVED *Indicate sl,ze of proposed shrubs. Mininun size of shrubs is 5 qallon. Tvpe Square Footaqe GROUND COVERS soD SEED TYPE OF IRRTGATION TYPE OR METHOD OF EROSION CONTROI, C. OTHER IANDSCAPE AAATURES (retaining walls, fences, swimming pools, etc. ) Please specify. Indicate helghts of retainlng walls. lltaxinurn height of walls withln the front setback ls 3 feet. Maximum height of walls elEewhere on the property is 6 feet. ua"*to/s , /q o 6 -u( /&&fu n )4 @=a4,.2/ q.u'_z-14/ k.*1r @f u/o--d44- 7 I{INUTES OF ANNUAL MEETING OF TREETOPS CONDOMINIU}I ASSOCIATION Iriday, December 29, 1989 Hotel Sonnena"lP PRESXNT AT THE MNXTING: AIso present: Andres Banos Mike Bernstein Mackintosh Brown Antonio Cortina Jeff DePree Phi-lae Dominick Ivli.chaef Dow Rhea Dow Normand Gautreau tr{1chae1 Johnson Gary Klein Mickey l(lein Jerry Ladd (ProxY for J.B- Ladd) Ala"n .Peterson lvli-l1ie Peterson Carlos PhilliPs Donald Simpson Leslie Stern Ma.deline Stern' Bernie \Teiss Lynn 'lfeiss Marvel Barnes - Vail Home Rentals Jeff Brown - Treetops Resident Ifanager Dale Pflerger, Accountant - Pfleiger, Alderman & Co. Andy Klatzkin, Atto.rney - Carpenter & Klatzkin Jerry Ladd, Board Dlrector and President of the Association, opened thl meeting at 4:10 p.m. Jerry introduced the other two Direc- tors present at tf,e meeting, Gary Kleln and lr{ike Dow. Jerry commented that the remaining two Directols, James Beirnes and James Tierney, \YeIe not in Va.i1 a"nd. therefore unable to attend the meeting' ROLL CALL AND CERTITYING OF PROXIES: A ro11 call was taken, proxies were identified, and it was deter- mined that a quorum was present, with 89.71o Of the membership repTesented' Marvet Barnes stated. that the quorum.percentage might be in question, due ' r(UTES OI AI.INUAL .EETII{G - TREETOPS Page Seven Option to Purchase is exercised in five years, the members would recei-ve a $410,000.00 lump sum payment, with a.n additional 970,000.00 "up front" for garage maintenance and repair. The purcirase price would be spread over ten years, rvhich would help the Association ivith some tax benefits. Don Simpson entered the conversation, stating that when he agreed to the Lease and to maintain the gara"ge structura.Ily, his intent wa.s to keep the garage dry and to keep the building from falling down. . .his underst.anding of the word "structure" meant inside structure, and not the ice problem between the buildings. Any attempt to se1l the re-tail space q'ou1d be unsuccessfuL, because a nerv buyer would not accept the langua.ge of the garage Lease in its present form. The Lease needs to be cbanged to reflect. an equal sharing of the garage structural maintenance between Treetops and Pierre Lalces. Don stated that negotiations rvith the Committee resulted in one possible solution: Ile would sell the Manager's unit for $70,000.00,and rvould contribute the $70,000.00 to Treetops to cover the gara"ge repairs whlch the Boatd wants to ha.ve done. The Lease would then need to be re-clarified. Carlos Philli.ps pointed out that thls ap-proach creates a problem for the future if tire garage moves, creating an obligation involving possibly millions of do11ars. There rvas dis-cussion regarding insurance, collateral , financials, Assoc j-ation obli- -gations regarding new buyers, etc. Jerry Ladd gave a brief history of the snorv and ice probl em in the five parking spaces under the lr{an-ager's apartment affected by the ice. Discussion aLso centered around the deficienei-es of the original Lease, the Manager's apa-rtment space,modification of the Lease, liability involving the ice problem, etc., and severa,l illotions were made, discussed and never voted on. Expert advice has zr"lready been sought regarding a. solution to the ice prob- 1em, and it has been suggested tha.t one possible solution is to in-sta.}I drain gutters with heat tape, or a heater, across the back of the building. The members were j-n agreement that thc ice problem, and associated liability issue, must be addressed immediately. With a lvlotion by Bernie lTeiss, seconded by Carlos PhilIips, it was unanimously i ' RESOLVED:That the Association movc fonvard with repairing --.--r the problem rela.ted to the roof run-off and roof I drain creatj-ng an ice build-up in the lower drive-.^^^ ...i - r_1^^ -ci r-^ ^...r-^-r l^ *^*r-i ncr snnhr.s IVc \\.Ly a.L rt4 -LlL L,lI!-- IIv(t \,,LIUD.LLtI-' P.-l,I -r!rrr6 rp4veo do not intend that this be an admissi-on tha.t it i i is our responsibility, and we reserve the right I to recover money from Pj-erre Lakes i .-J |'0lr t,'.acal BCONOMIC DATA CORPORATION Colrutt i tAurrttflY I tlHlrclxd '!o '6rllh cltirr ItlltY lultr l0C OlNvtr. Coror^aC aO!tl October 3, 1990 I't. l{aohlntgEh Er*rn Tr,'o tltiltcd Eank Canter 1700 brwdr*aY, gultr 1503 D6nvBt, Si 80250 Darr Frchr InrrrrPorrectI]yp\lslngu!ry.'thrlodg.att/lon8hBqd.?harcIaFFr$/e6 o! the Flanr for your dwprtrr Elrergtr' B8gardlng tjrq brrrial og tlle Fd'm{ pfpg! Te trY}d rc$llrs Uut the sroa be rcddd orut rt rollilir"g f,o""n;t-ii'.;ii h vall, and the Eround would ba base for rpntha. ?Ielae rot nE lgrort tt yon harre any gr'lertlonr' thanh ysu wtY tllJch' ::.-,,t;. MACKINTbSH BROWN P'C. ATTOINEY AT LAW T\rTo UxtttD lAlt( CENr.e l?OO lroaot raY, lurrf lto! gtxvtr. CoLoaADo lcllgo ilurY 30. 1990 fsLErHori? (SO3) g l{OOOO F^x liolt atTtlaa Hr. Robrrt E. 8ryanl ilrr r lrogldant ;i; ilG;-at'r.,Io'ns itrad tiondomlnl'n Arroclatlon eio s;"i,ti clitrrv 6trert, 6ultg 306 Dsnvrrr Cslorado 8b222 Dart Bobt ianwrltlngonbehal!o!thctrr.etopsCondomlnlumAssociatlon {rrrrmtopo') m'Eoiirf iiiuiirlT.Filei:li Tll?l r hrvt dlrcugsad irifr-ii"'lel lr,-e-ililEiiriiioi-o1 tirl water ararl3ge (lil"';3ol:Pi.liti;a' bt rh; r,odgl"iI-;iil;.ncid condto Assoclatl' EScatoPfr proporal lr ru tsrLower 1. TrcctoPr slII tnrgall e rater-dralnage,PfP!-. aEEloxtmatrly ftvc ieet iesp ifli"ii-outlitr lnto Gore Croek on thc graEg€d area ownod by thr r."i.,il-liai"intns ttr66to9s_Jutr eact_of the tlnbcr sugport natt on'lte-"iit--il[" "r-[[-e-ci6'topa II butldlng' r'hlr wllt br conncetrd, wlth dralnr. ftrom thq IrcstePE garage reol,_.- FoukJ-ng or." uri-ali;l*iy,- Thu coEt o!_thto work and inatatlars -shrll b6 patd "Jr.iI'Ey-ti.rtop.I--irri-r,ogg: nay alro attach to the dra{n plpr," ona or'noie draj.ni-ltot--it" I,6d99'i Uultatngt but the eort o! work ani i-*t'Jrfiri-ior-rilii-U-dltloni:. dralne ahitr bc aala for by thr l,odge. 2. ?lorE orr chta dra[ntgr pipo yy pt-!c, perfof,red untll '' alter Brptenrbcr-ir-illg-;;A nfi"-clnpreieA, Trettone wL1l aod over thr dralnage pJ"pe ln 1990, ".otii"i-l-."",fttingt os lt not, ln the Bprlng o! 1991. 3. lthc cxlcting conoretc-drain in thla. grartv arsa rhlch atarLE ar trsqtonl;-iir"Ii;y-yiti'u"--r-oio"la ui tpetoPf aTg-rodded rlth grors "ono,rllenlii-;i[h lii--toaaiig-oi'tl'E navs drlln plpr' all et Ersetotrllf exPanlo. 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Persons found vlolating thls ordinance wlll be given a 24 hour written notice to renove said naterlal .In tbe event the person so notifl.ed does not eomply wLttr the notice wlthin the 24 trour tl.ne speclfied, the puLtlc Works Departnent gill. remove sald naterial at the expense of person notifl.ed. The provlsions of this ordinance shl[ not bl applicable to construction, nal.ntenance or repair proJecte of any street or alley or any utilities in the right-a-rray. Io-review Ordlnance No. 6 !.n full, please stop by the Town of VaLI BuildLng Departnent to obtal.n a copy. Ahank you for your cooperatLon on this natter. 1A- 7-7A Date (t.e. contractor, owner) profess ionol structurol engineers Hav 10. 1990 TREETOPS CONDOHINIUM ASSOCIATION 1221 Pearl Street Boulder. Colorado 803O2 Subject, Structural Repai rs Treetops Plaza BuiIdln9 Vai I . Colorado o(' 6ent I emen , At the request of I'larvel Bannes of Uail Hone Rentals I am expounding on ny report to you dated l,larch 2o, 1990. The enclosed dctails are my proposed Eolutions to the more serious problens r.rith the Treetops Plaza Butlding. Specifically theso details addness the east concrete r.ra.l I at thc south side of the building, the fnench dnain on the east side of the building' the north foundat ion r.rall uaterproofing and dnainage systen, the gutter and ice guard systen fon the roof and the steel strap to be added to the instde of the uest Iou level foundation uall. boyle engineering, inc / I hope that these details provide you r,lith the infornatlon to obtain sone competltiv€ bids for implementing the repairs. 0bviously there ls more than one r,lonkable solution for any problern. These sketches describe what I feel are the most straight f orr,rard and economical solutions to the different problens. Houever, I am open to suggestions fron the Association menbers on Mr. Sinpsonrs consultants in ihe inlerest of arniving at solutions that ane nutually agreeable to al I partles involved. Please give fie a call if you have any questions or cotlnents reganding these details. Sincerely yours t Tilrothy Pres i den t BoyIe, K\..'a\sTE H(' i'.:'..$, i5 ,"tei :;": ;€ )'. .qS "" c\ $iz $:,:J'-l;":( <)r a .+: j 3* r*-i l4sea l$rno,gifl'.ut: k;i'a"c 143 e. meodow dr., suite 390 o crossroods shropping cenler . voil, colorodo 81657 . 3A3/4762170 o o o BCONOMIC DATA CORPORATION Cotruflt tAurll.lxY t ,lNllrolxo llo1r ttr'{lal a[O l6u?h erlir{ tltrtY lurrr l0C DIHYtr, 6o!oi^aA aOlt l 0ctober 3, 1990 l-lr. Maoklhcogh Ererrn $p tlhltcd Banh Ccnter 17oo brc,sdmY, g'rltr 1505 Dcrilrer, Si 80250 Itrrr lleokr InrrrPoneetolorulJquljl''thrtodgratt,lonehaad.ttharelapPro\|e8 o! ttn F1anr for lsur d'"rpltrr BhsltrE' Bsgar{.ng the br.sial og !,}E ssmr ptp!! Tu F}}d r€quJ'rs tlut the arca be coddd ore" rtscE-E""iiii ao.tn;i-lo'Gti tt vallr and the Eroud would bc bgl|e for lcnth6. pletFr lot rre lsro* lf pu tnvt any queltlont, zhanh rou rrul'ruch. 3.The exi at Treetops' expense. MACKINToSH BRowN P.c. ATToRNEY AT LAw TwO UNITEo BANK CENTER | 7@ BRo^oway, SU|TE | sos oENvER. CoLoRAoo AOZ9O .Tuly 30, 1990 drain in this e g of the TELEPHoNE (3O3, 494{em F^x (3O3, 4394262 11 be Paid whLch sodded pipe, all llr. Robert E. Bryan, ,.Tr., president Tbe lod.ge at Lions Eead, Condominiun Association 650 South Cherry Street, Suite 506 Denver, Colorad.o 80222 Dear Bob: I an writing on behalf of the Treetops Condominium AssocLatlon (nTreetops") to confirm Treetopst proposai which r have discussed wrth-you for the instaLlation ot the iater d.rainage prpe on-i"na-gwned by-The Lodge at Lions Head, Cond,o Associatioi tifri "ioa;Ji.Treetops! proposal is as follows: 1.Treetops wirr i-nstaLr a water d.rainage pipe approxirnately five_feet d,eep wlich outrets into Gore creek oi tfrE-gr#!;d;;;owned by th9 rodge adjoining Treetops just east of tfie timbei support will be parking shall be erF one or more drainE tro the waLl on the east side of the tieetops II building. This connected, with drains from the Treelops garage r5of,area and, driveway. The cost of this worl anO materials paid soLely by Treetops. The Lodqe m"i "i"J itiacfr to the 2- work on this d.rainage pipe may not be performed, untir-i-ftel septenber 1, 1990 and when-compreled, rreeio?s= will ioet-oveq Spring of 1991 cost of for by 4. have the surveyor Permanent work and the Lod.ge. starts at Treetopsr driveway ffi with grass concurrently witir the When the drain pipe has been installed,, Treetops shall !. easement three feet on either side of the centerrLne of .11 Pipg for its maintenance and repracement in the future arl incrud,e a reasonabre iigni--or .lce"r ioi "".r, purposes. .. ..Treetops agrees oB or before the completion of the ration of the drain'pipe to-ionRrl?!_"@,bin located in its aiiie"r"y oi -it adequate fence or 'creen bloqks the view of the traitr-uitr- uy the second and ttrird units in the Lodge,s buitcring id:"i"G; r;;;;;p;: wouLd. appreciate your reviewing this proposal with your of directors and ii it i, ;;ii;i1ct-ofyr indtcate your ationrs approval at the bottor-"i trri" letter on the encrosed rf you wirr then return it t; me, r wir-r have-iur. signed by esident of the Treetops associaiion and roii cai-proeeea. we peful to start work oir a new aril""g" :yst;; ioi o.", garage next few weeks so I wogla appre-i;G ;;i;ii iiirpt response cur board,. Thanks for this ir;i;: ') lert E. Bryan, ,fr.0, 19g0 re foregoing proposal_ 2proved this Sl-ncerel.y, I'IACKINTOSH BRO9TN _is_accepted and agreed. to this 1990. THE LODGE AT ITONS EEAD CONDOI'{INIUM ASSOCIATION Bv .rresLo.ent day of , 1990. TREETOPS CONDOMINIUM ASSOCIATTON :. MLchael Dow .\;\ Sl \-\rv Rt nQ\\v s\ $\ \ \, L) \\ -\\ $-r \. \sl *N 0( i- i- Fire D D rii,ii i."i , cr i.n is ol ihis carde nc isr i.tance ol lher data shall requiring ihe and other \,\N\\Y\ F$s ,'N or cf any other 0rdlnance ol the iririsdi \ ^.- Y -. '\ ST j "-l r\i \l N \\r , i'lt \ il\y \ \.n Town of Vail .,NATF. \' I --i I I :/ $ \\ \\4 N N \ -\- G:o q '?;-' 5 S E={.<c! 3 = ._l --l I l_ l*\lzs -l^ i_ I I 1 I I i\ l1 l1 A I I \\SA \J >r u$.a \ e. a-\s \ 2u \ ,\F -/ \ iI^\s.d) \)!\ >t tn il f t. I (-r \, +{ sl \ \ I I I I \-S ffiii"'"'";E14 -i l4e 6s :-'" 6'l.ij,!1!1.?l tt€ f?arLfl57arTg 't tl '/+ /rI 1e €n6 + @Llt+ 5 Petl'f Vot-I1 o * 6 boy'le engineerftg, lrc. l4l e. m€odotl dr. zuite 390 crocsroocb shoppng cenler voil, cdorodo 61657 nu4762t7O I rr-lfa ??FtF ?ffe *+Pee?.'Lqe fr{-€ t<lp*t+P @?t+4 alawT tHf" el,l{'lt$cl ?cFfi+ rHfa tl tt*6 -\t $ \il tt \) $t \T \F F \L \rt cpt*tEol Hl ll1lo .-'W Yt t5lfiiq ; I ?cl^tfl j I rl ll- ( \\ ltloA GAr.9p b dnttov 4\osl d llt ,lt lrl rE r$ ls r-+/I l* -^, l1 // l*I !3 tz **"1) 4tp9o \$\_ o .J vl eaJeT t*q pFlnt -Qa'/ ua$I R..-.& u*e 10 oxarj 4Ur+? $I s- $ -J f\ rrnrr 4; vwV-I r.lg,!l vt*z ./ ?ou1 Ft-Ft1 rul /6\ fz r-J-ll ttt \--/ t*o"ttl ltvu tFito utt6l zh 43o 7>r 1o ? 4 I 4 uTfv 1a?o lo-e" *( 3. FZE u T boyle engineerir€. hc. l4{l e. m€odow dr. suile 390 crossroocb shopping cenler voil. colorodo 81657 3ou476-2170 , \\ \* --''l>e( -<\'t, \': laL t^JPFp - l- 4"+ ?r?€1 --lttF.ff,>Ie ?4F,tYzT b @ *t o* Ia bL >Fqqe," iii P ?pficP 4151El4 Cz*Au-iio_D7o FovL oA 6vt6T t*Q P,:F priayttr{ Q JJilLF.. + lcij 4JP7?s lo LxlbH? f Jvv Lefr,21H o? t4 oF1 A + 6odT+4 F,ptzF6, -tu)1TeF3 Ja f.ti6ctlpF4t tlTc AerTep ?o t4 H 6(a rll 5 t,lt l t / <? t4rlza1 Jo UilP LP cj(o]Nr:. ??l-rtJ 1161LY,, tn UTT L loL ''4 JhF 3 SETTIU t|lP.I 4n1T e p o =cl^Lt f F"LI oF+Fi A.} A I vt e/ .$i;*eig r-T 14s L2- | O ,10 /'k/ d;," ( *\ LLvv >Tton ,ft 2- lt,'+t.b. JrrL4,€r<-,A 6HAr-. tLt boyle engineering, inc. '143 e. meodow dr suite 390 crossroods shopping center voil. colorodo 81657 n3/476-2170 ---,i-,/.t'+n,b, I t'-- lt- o" 1o ,- ly F€€ ff-ri t $ r/L t/i'+, , ? i?L l/" ll t )'+x @ b;,u=x-*p f,s tN SrpE,oFANtl L, ?apqzs 1lr6re .i^rrFl L L ?l?uil5 (Vx,51 | il;) ileH 4 zr2.^t/+^llr,,'l'l" 1-/""d n u,(+l 1Ap,l hilqrL' HE.. 4zx1*/+ ?Ftu:rer ftrt z >^*L t/+r O x. 11 /*", o" BL t*J?w*4es , lt-dl tl -9 6t-r'1 f-i b 4 " = r'-o" bl ?L 6fl ,2lJ ti u PF P lPLt1 o( /; ('-rt-r lo''t4, 'qt f,$li;i{-3"1 zdi;ie"""g trio r+eo '2o tj trt ?F tcFE-i6 boyle engin€erir€. irc. 143 e. meodcm dr. suite 390 crossroods $topping cenlgr voil, coloro@ 81657 3f,3/476-2170 Hotg', o?F,--e ??f-*?14 e + ll ,4 '*' ? ?' lr 2'/.4fl,ft. dtr 1*Peb>r:' ?ul2 L>vVh ioll /a rzne tl ll ,, w1L /+ ,it*l-l l'/4't v. ?t?t 11Aarv 4ELv be Jo t+1 /o" w- ll lb€toto ?-. s)olel lo(a147P ?ctbr€ fi*sHe? rl Z .' ,vq-"4 yl.B. Ap.L t+ Bgaoref cllbg p 7t-A2 h no l" -- lt- o 9*tL t- Jo.bi AW I W.loH? 3Lo1 lon A ,44-j''t lt'et' blPL snoA rFLalo13 lo - L1 . 6it.;;if1q ZdJ.;|r","t"+OS tri l4e6 14oFTl ?FNCYE16 boyle engineering, inc. 143 e meodow dr. zuite 390 crossroods shopping cenler voil. colorodo 81657 303/476-2170 Nyt{ t1'1 Ype,.t- i,i '1evs' p:*tflir14 1t| '/""h ,nt/l'v'.. b'e 4 *>r4 * lq x b'l hi 'tw' sl;rl+ *qo ld'r". frc,ri l^lAY dYF 9"h\-?t]b 1)/,vv ?PtvL * 6foy1 AFott-l * 1r 2+: - O t rp t' a-t. beiilvefl s1l(ts q vu t Je il,Avv TntL ?uc UH1F- tZ"- td'bebN Vrve pb faP lot bv*+Lo6 /+'/fr,1o In A eF61 exErtH q ao H cebl E U rvv I V> I'r1 lfll p oo\ r 11q fltrrPq+trt beol Fu vv <u FFFaE 4,^bY I AtziP 4HAf1tltv 1A r2h1vt4l1 VtvAFt 1e e^rl oF "3tv6hlAY 61+r#i18 S..'"1'$iilf:.i Lo.rlo.' -$ tr! 14e6s -:tF-- tl rHPll' 4 b crtu Tr-Lc1o7*Tz, h2 r la -'2 1. 4 O =/4,' .ltr' -, . ]d o tr n-\ lt-t^\ | 1., / t ,l3 h?P FaJ P 3h7 t h1 '4a;D Ioltll' 6a,trvL\ hVa]n ,Vt:4i* aF )c lt , ( ;l L61 1,1 A L L Ha 6oF'L i ? L?To? s r rbLb boyle engineering, inc. I43 e. moodow dr. suife 390 crossroods shopping cenler voil. colorodo 81657 3o3t47G2170 -['Z - 9/e Q r 7'/-- 2u?l.".?'' r'l bellg il i -[ sfiep,J />r3F.o 6i?A 4 tr I) It uL 5S 61.i;*413 r--'j r1496s i-. 'fr:i:) l,i l.o tl i F-Jf r O, n?I lr lVr'tuY ZlfzVf h - lo -qo ,/k/U Jg{ 84 ',91 11:3BRl'r EOYLE ENGINEERITG INC. VRIL, C0,P.tn LffiTrtrryF TmANSMITTAL W'joab Arnnrfo* ehN ffiffir,1)durrr atEppfigoanE rdr@Eb8l6!i7 i3we.2j-n TO tr Shop dravingr )Ocoe, of l.u.r E For epplovrl pnn, rou, ,. tr Ai ilqucatd tr tr tr tr n 19- tr PRINTS RETURNED AFTER IOAN TO U3 wE ARE smortyou fntrrra EFrrfhurrttrac "a f)c wfollowins itrrns: tr Flenr tr Samplrs tr Specificct'tottt c<rttEt NATE ,to'o€8cR|Fr|0N THESE ARE TRAI{SIIITTEO es dreckd bal* tr For rrvlar and cfrrmant tr FOR BIDS DUE tr Printr E Gfiange ordcr Apprcvod s iubmltbd ADprclr.d as mtql Rlturncd lbr conrctistr O Ro&bmlt-@p1.6 tor approual E $blfilt-coC.s tor dlsttlbutlql 0 Rdum -corrct€d prids REMARKS @PY TQ SIGNEI': tmtat /ffi?Eh,b. |t|n.lt ar*fa-ra- an toa aa naaa4 tttdlt .r.''llt ga d t''o.- JFN E4 ',91 11:39Ft't Eoylc Encl nacrlng t Inc. 143 Emt llcrdou 0rlvr, Sutta t90 Urlt, Colonado 8155? 303t176-2t70 FAX 6REAT OIUIOE CO{STRUCTIfi P.O. Box 25?4 Uall, Colorrdo 81658 I|'tc. VAIL, CO. Ortc: January {, lg9l SubJcct: Eact tlal I Rsconctructlon Trcrtopr Plaza Earagc Uall. Coloredo EOII-E E€I}EffiIT{G o P.Zft Thlr fr to contlrn thrt I havs nadc a vlsucl lnapoction of lhc connootlon ol thc prscaal Tccra to thc narly pourod concrotc rrral I at thc cart rnd of tho Iossr lsycl pcrktng erca ln tha abovo notod butldine. Fosr ol tht stx !trn! had b6cn connoctod to thc top ol thtc rall rtlth t !t!cl 6ngto uhlch ts boltcd through thc atcn and acldld to tht cabod plrt! in tho top gf th! urll. Thcac arc rpprovcd u noird. in cddltlonrl connoctlon rhould bG inttaltcd at thc Tca on thc gouth cnd 6t thc arca !s lt l! not yct conncctcd to ths r,rall. Thc onc on tha north 6nd doas not rtqulFr . conrcEtlon ar ihr nct uall i. :upportrd at thrr cnd by thr cxiattng prpcndlculer lall. lrrtng ihis viclt I alro oxanlncd thc arachs tn ihs atcr ol co;g of thosc Tle't at lhlr car! gnd. I lcol that fhooc havc oxtltcd for quilc I rhllc 6nd lhit thay do not Juotlfy roncdlll noasur6! ct thll tlnc. ccr TrcctoFr ilanagcnont Tiaothy ll. Frcct dont DEC 6 ,98 B:,:1BR''I MYLE EISII'EffiII'G II.E. VFIIL, CO. v Boylc EnolnclrlnOr Inc. 113 East llcador Drtvc. Surlc 390 Uall, Colorcdo BIES? toSlalB-2r76 FA;( P.!/? *frl;:.:'::::-:"::"Vatl' Colorado 81657 Attachcd r! r nodlttcd dstatl of thc connoctlon bctuoon th€ top ol thc ncu caat uall rnd thc 6t6trs ot thc prcc$t toer for thc Trcctopr Pllla Butlcllng. Aa thr contrrctor dld not inrtall th: rtcct anglce rholtn tn thc original delall 'I hrvr nodltlod thtr conntctlon so lhat hc ctn ?lr!t pour the uall lnd thcn tnctall thc anglca. Tha Frocoat tcc dlaphrcn supportr thc iop of thla nco uall and thlg connccilon l! crttlcrl tn provldtne thlr cupport. Tho lorn tlor r.rtll ccrvc no ltratctut"al purposc oncc tho ualt i! pourcd. I do not lccl that thoy rtll bc lny norc vulncrablc to nolaturo lhan lha snlp ttos on c tyPtcal baacnont lcll' and ca ruch I an not concfned ulth thelr polltblo corrollon. Ploacc alvc n! 6 c.ll rf you havo any QuGltlons rcglrdtng lhts tattcr. I I Plsaac Rcply [xI No Rrply Rcq'd cc: Trcctopr Condonlntsn Aaroclatlon 6roat glvtde Conrtruct lon SOYLE EN6I Tir.rothy l{, Prcal dont f ili-,,'i-, ' ig90 Dalc; Occcnber 4r l93t SubJcct: Eart Rcnadlal Uall frcetopr Plara Usll ' Colorado DEC 6 'g E:l;19ffF1 E0ILE EhGII.EERIiG Il'8. VAILI CO.co P.2/Z boyb endneothg.hc. '14:l a meodolrrdr *ite3fil cr6roo(lshopphgcenlel vdl, cdss(b E1657 w3l4lb-zl7ct uD+ 1r+"+Wf t*taTt*4 (ft.+e1 'T I fHeAs4*1rl+ri 2 Atv?Afg llt^W o f \r Nghl h"+r 3T*t' 6x?trlste$l a1.1€ flestrtw Tor 0F bh4r LI|LL v7rflL f ?LL1o?+rLtsZh l1_- 4- 10 rNsttoN H>:' REQUEST VAIL '. 6 '<r' PERMIT NU DATE READY FOR LOCATION: MON TUES AM PM .?,//'7 L ROJECT INSPECTI dro, *ot. CALLER WED ii:r BUILDING:/ ,t \ PLUMBING: ! ./ ,. ( \/srFFl t, {r'U"l ft\',/ trUNDERGRoUND -----_i-FOOTINGS tr FOUNDATI tr FRAMING ON i STEEL tr ROUGH / D.W.V. tr ROUGH / WATER ROOF & SHEER PLYWOOD NAILING D GAS PIPING tr POOL / H. TUB tr FINAL tr FINAL ELECTRIGAL: tr TEMP. POWER MECHANIGAL: tr HEATING ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR O FINAL tr FINAL F,iPPBOVED CORRECTIONS: tr DISAPPROVEO E} REINSPECTION REQUIRED DATE INSPECTOR ptF$op NS IHUry, FRI 'l '"' REQUEST VAIL PEC T( it N OF ON \o t ,,-l!. /N rl W ;T OV /,1 PERMIT NUMBER OF PROJECT :l i-. - lr''t ;t: i 'l { JOB DATE NAME READY FOR LOCATION: INSPECTION:WED AM PM :L, t-' 'q neeRoveo CORRECTIONS: N DISAPPROVED D REINSPECTION REQUIRED BUILDING: tr FOOTINGS i STEEL PLUMBING: E UNDERGROUND O ROUGH / D.W.V. tr ROUGH / WATER 'o pouruonrroN / STEE- tr FRAMING - ROOF & SHEEF " PLYWOOD NAILING O GAS PIPING D INSULATION tr POOL / H, TUB tr D FINAL ! tr FINAL ELECTRICAL: tr TEMP. POWER MEGHANICAL: tr HEATING tr ROUGH tr tr D tr EXHAUST HOODS tr CONDUIT SUPPLY AIR tr tr FINAL FINAL DATE J lNqPtra:TnR i 'L- t a ,*rt"rroN REeuEsr PERMIT NUMBEB OF PROJECT t ,t-) ^/, / "or. I //7.C /4,^ JoB NAME /r, TOWN OF VAIL 4 7- 0- CALLEB READY FOR LOCATION: { FRI ,)'--' t INSPECTION:MON TUES WE THUR fr'r' u, BUILDING: tr FOOTINGS i STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING r-r ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB tr FINAT tr TEMP. POWER tr HEATING O EXHAUST HOODS tr CONDUIT O SUPPLY AIR /6 -t/ttL- l/,t r{ tt tt'Lt( '/ O FINAL fI FINAL APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR niFsxop .., -:\ -. I .-..' '' .. \ \ PERMIT NUMBER OF PROJECT oor, \--=-5 -\ JoB NAME INSPECTION REQUEST i " TOWN OF VAIL -i-\.. .:''- \;, t] i.,"... .. _..:.=,r\. CALLER '-) .r)i\" MoN ruES (-wq THUR FRI AM PM READY FOR LOCATION: INSPECT.ION;il,. \-.'\r , -: \-'\-- r. \ BI EI tr tr tr tr tr F M ILDING:PL tr tr tr tr tr tr . UMBING: FOOTINGS / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATER FOUNDATION / STEEL FRAMING ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H. TUB SHEETROCK NAIL FINAL tr FINAL le CTRICAL:MECHANICAL:ELEt trT trR {c t .-, tr_ tr tr tr tr tr HEATING TEMP. POWER ROUGH EXHAUST HOODS CONDUIT SUPPLY AIR a'fi FINAL FINAL APPROVED ..,.'' .,,;.tr DISAPPROVED O REINSPECTION REOUIRED CORRECTIONS: INSPECTOR ON NOF t'. (, - crl TOW N I st REQUEST VAIL Y"'Pu PERMIT DATE READY FOR LOCATION: NUMBER PROJECT ,.1 |I ] JOB NAME INSPECTION:MON CALLER TUES ,r r:i', THUR ' FRI BUILDING: tr FOOTINGS / STEEL PL tr tr tr tr tr tr o UMBING: N FOUNDATION / STEEL UNDERGROUND ROUGH / D,W.V. ROUGH i WATER tr FRAMING ,-.., ROOF & SHEEB " PLYWOoD NAILING GAS PIPING D INSULATION POOL i H. TUB tr SHEETROCK NAIL T] FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: O HEATING O ROUGH EXHAUST HOODS NDUIT '. ' LE SUPPLY AIR tr tr FINAL tr FINAL tr APPROVED ET DISAPPROVED ef.tRer ruspecroN REQU tRED CORRECTIONS: "'t', i, lr ( I,J A I E INSPECTOR ..i '.,-1 /-,! (. / |tNSPEcn,oE|, $FsuEsT PERMI DATE T NUMBER ;-t . PROJECT OF INSPECTION: JOB NAME MON CALLER TUES WED THUR FRI PM AM READY FOR LOCATION: BUILDING: O FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER O FOUNDATION / STEEL tr FRAMING U tr ROOF & SHEEFI PLYWOOD NAILING E GAS PIPING INSULATION tr tr . POOL / H. TUB EI SHEETROCK NAIL tr d+rrunr-tr FINAL ELECTRICAL: O TEMP. POWER MECHANICAL: D HEATING o D tr ROUGH tr tr o EXHAUST HOODS CONDUIT SUPPLY AIR D FINAL O FINAL gj-.appRoveo CORRECTIONS: tr DISAPPROVED O REINSPECTION REQUIRED INSPECTOR Tbe lteus below gtvlog a pernlt Please check off FINAL PLI'MBING INSPECTIONI S ueed to be couplete a final C of O. J.n the box provided. COI{PLETED before DATE: FINAI UECHANICAL DATE: IUPROVE}'ENT SI'RVEY RESID. NAME: FINAI, BUILDING EAST SIDE:WEST SIDE: TE}'POMRY C OT O Fr tr L] tr tl DATE: CERTIFICATE OF OCCT]PANCI DATE: LANDSCAPING DI'E DATE! FILE NAUE:\\Nb P.ar*VZV*f*;4**'Z**fl 14aff,rz/-'/-;ffi/?l DEn #/ 'Ue,24zytr,l