HomeMy WebLinkAboutVAIL VALLEY FILING 1 BLOCK 3 LOT 5 LEGAL.pdfo ,"**rNG crrECK 'HEET
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Property lnformation
Property Address 1377 Yail Valley Drive
Parcel #210109201013
Legal Description Lot 5, Block 3, Vail Vallcy l"'Filing
Devclopment Site Area Ac I oszz SLFt I 23,t9r I Bu!4q!& l !o
Zoningi SDD #Two-Family Residential
Land Use Designation Low Densitv Residential
Known Non-Conformities nla
Previous Approvals EHU added after initial construction
Hazard.Zones
Sections 12-12- 12-21- 14-6 & l4-l
Snow Avalanche n/a
Debris Flow nla
Roclcfall nla
Excessive Slopes
(Site Disturbonce 12-2 I-14)
n/a
Floodplain nla
Wetlands Y/f.{nla
Creeks. Streams
Section l2-14-17
Setback nJa Proposed nla
Sidewalks/ Trails nla
Contact Information
Planner/ Date Warren Camobell l0l28l1 1
Owner Contact Info Sam and Lu Maslak PO Box 1730. Vail. CO 81658
Primary Contact/ Owner
Representative Info
Henry Pratt, GPSL Architects 970-476-1141
Proiect Descripfion addition to east unit
Land Use Application(s) #DRB1l054l
Proposed Uses
(As defined by Zoning)
Existing two-family Permitted, Conditional,
Prohibited?
Permitted
Date Routed/ DRT Meeting nla
Commcrcial Floor Area Existing n/a Proposed nla
Gross Residential Floor Area (Chapter l5)
Total Allowed 7,564 -Existing 6,064 -Proposed 6,578
East "\ 197 -Existing 3.261 -Proposed 5t4
West 3.782 -Existing 2,803 -Proposed nla
Total
Remaining
East Total
Remaininq 6
West Total
Remaining 979
250 or Interior Conversion?nla
Zoning District Standards
Setbacks (perimeter)
Proiections l4-10-4
Front 20 Proposed or YA.l Y
Side l5 &l5 Prooosed or YA{Y
Rear l5 Proposed or YA.l Y
Minimum Lot Areai Width Required 14,000 Proposed or YAtr Y
Site Coverage % Allowed 4,638 (20%)o/o Proposed 4,5t2 (r9.5%)
Building Height Allowed 33130 Proposed Y
Landscaping
Sections l4-10-8 & l4-10-9
% Required 13,9r4 (60%\o/o Proposed rs,49s (66.8%)
Plant size 6"2",5 eal.Proposed Y
Fences o Proposed nla
Retaining Walls
Sec. l4-6-7
YeishtAllowed 6 - Proposed J
Sctback 2 Proposed t4
Driveway
Sections l4-3-l & l4-3-Z
Max Curb-cuts t6 Proposed Y
Max-Min Slope r0%Proposed Y
Max-MinWidth l2 Proposed Y
I{eated YA{Y Drive Material paver
Snow Storage o/o 30%Proposed Y
Parking
Sections 12-10 & I4-5
Spaces Required 5 Proposed 5+
Loading nla Proposed nla
Lighting
Section l4-10-7
Allowed No new Proposed nla
Waste Management
Section 5-9
Wildlife Proofl
Resistant
nla Screened n/a
Screening
Sections 14-10-9 & 14-10-10
Required n/a Proposed Y
Roof Material
Sections l2-ll-3c & 14-10-5
Complies YA.{Y, copper
Building Separation
Section 14-10-6
Complies YA.{Y
Adopted View Corridors Complies Y/N nla
Utilities
(Location, easements)
Section l4-10-10
Y
Grading (Less than 2:1)
Section 14-6
Y
Development Impact Fees /
Mitigation
Employee Housing nla
Trffic Impact nla
Art In Public Places nla
Notes
In conjunction with the application the owners indicated that they would split
allowable GRFA evenly. This is not required to occur in the future should a
change of ideas occur.
t,
75 South Frontage Rd.
Vail, Colorado 81657
Phone: 970479-2139
Fax:970479-2452
October 12,2010
Sent via email to Doris Bailey <dbailey@slifer.net>
RE: Development potential for 1477 Vail Valley Drive/ Lot 5, Block 3, Vail Valley Filing 1
Dear Doris,
The following outlines the development potential for Lot 5, Block 3, Vail Valley Filing 1:
Lot size (including east, west and common parcel): 23,191 square feet
Existing Gross Residential FloorArea (GRFA);
Unit A: 2,587 square feet
Unit B: 2,976 square feet
Employee Housing Unit 325 square feet (up to 500 square feet does not count as GRFA. so this
unit does not count towards existing GRFA)
Total: 5'563squarefeet a io +otnl. )oes no+ relb* curreat Gf<,fn cnl.*|,ft,o
Allowable GRFA: 7,564 square feet fnelh'AS
Total remaining GRFA (with division determined by the owners and applicable party wall agreements):2001squarefeet t'Jf,g ry.*urx\er Aoes xo1 yullecl elreefil GKFA culc^la+on
The statistics in this letter are based on the information found within the Town of Vail's legal file on p1e-lhod5,
this property. The allowable GRFA is subject to further examination based on as-built floor plans. ' '-
The property also must comply with other development standards, such as setbacks, site coverage,
landscaping, etc. lf you have any questions, do not hesitate to contact me.
Best,
Rachel Dimond, AICP, LEED AP
Planner ll
Direct Phone: (97 0)47 9-2440
RDimond@vailgov.com
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2 r 38
FAX 970-479-2452
www.ci.vail.co.us
GRFA-
Unit A
Unit B
Total
EHU
Site Coverage
5419 +2(250)+325 EHU**
6,244 sq. ft. 5,888 sq. ft.
2,587 sq. ft.
2,976 sq. ft.
5919 sq. ft. 5563 sq. ft.
500 sq. ft. 325 sq. ft.
4,683 sq. ft. 4331 sq. ft.
October 3. 2001
Danny Johnson
Fax:328-6158
RE: Development potential for Lot 5, Block 3, Vail Valley Filing 1
Dear Danny,
I have researched the development potential for Lot 5, Block 3, Vail Valley Filing 1. According to
the liles, the residence has the following:
Lot Size: 23,191 sq. ft.
Allowed Existing Remaining
356 sq. lt.
356 sq. ft.
175 sq. ft.
352 sq. ft.
.The Community Development Department requires as-built drawings to confirm GRFA as part of the DRB
application.**EHUs receive as much credit as is actually constructed, up to 500 sq. ft.
The Community Development Department has recently amended the regulations regarding
"250s" and EHUs. Therefore there is one "250" bonus remaining and 75 sq. ft. of the second
"250" remaining. Because of the changes in regulations, it is not clear as to which unit already
received a"250". Therefore, one unit is eligible for 250 sq. fi., while the other is eligible lor 75 sq.
ft. The way this is allocated is up to the owners of the lot.
I apologize for the confusion regarding this property. I would be glad to meet with the owners il
any clarification is needed. Should you have any questions, please do not hesitate to contact me
at 970-479-2369.
Allison Ochs, AICP
Planner ll
Town of Vail
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Town of Vail
Town of Vail
25 South Frontage Road Vai1, Col-orado 8165?(303) 479-2138
Plan review based on the 1991 Uniform Buildinq Code
Name; SMITH/SAGE CARETAKER Date: August 24, L994
Occupancy: R3rM1
Type of Const: V-N
0Fr!#f; t*P'/
Address t L367 VAIL VALLEY DR.Contractor: GARY BOSSOW Designer: D. HAASE Engineer: NA
P1ANS ExAMiner: CHUCK FELDMANN
This project will require a site inprovement survey.This survey sha11 be submitted and staff approved prior to a request for a frame inspection. Under no
circumstances will a frame inspect.ion be done without an approved site improvemen! survey.
There sha1l be only one kitchen designated per
dwelling uniL allowed by the Town of Vail Zoning Regulations. A11 other such labeled areas are not
approved and shall- not be rough-in constructed as
such.
Exterior surfaces with stucco shalI be provided with exterior meta] lath as per UBC 4706 with 2layers of paper. Windows and doors are required to be
adequaLely flashed(not with just screed metal). A lath inspection is required prior stucco application.
A11 new construction within the Town of VaiL will- be required to have an initial inspection by TOV Public
Works Dept. to approve site drainage and culvert installation. This approval must be complete prior
to any inspection by the Building Department.
This project is restricted from the burning of wood in fireplaces. Unl-ess the lot -is a restricted lot in size, three gas logs fireplates and three gas
appliances are permitted per uni-t al1owed. Gas 1og
chimneys enclosures sha1l be one hr. protected.
THIS PROJECT REQUIRES TWO ONE HOUR WALLS BETWEEN
EACH UNIT WITH A ONE INCH AIR SPACE FROM FOUNDATION
TO UNDER SIDE OF ROOF SHEATING.
Glazing in a hazardous location is required to be glazed with safety material . -- Sec. 5406.
10
11
I2
-15
No domestic dishwashing machine sha1l be directly
connected to a drainage system without the use of an
approved dishwasher air-gap fittinq. UPC 608.
Cross connection control devices shall be instalted
Lo protect pollution of potabl-e water supply by use of approved backflow prevention devices. UPC 1003.
Plumbing fixtures with mechanical apparatus shall be
supplied wlth an access panel for inspection and repair of equipment. UPC 904.
Domestj-c ranges shall have a vertical cl-earance
above the cooking surface of not less than 30" to
unprotected conbustible material . UMC 1901.
Supply a mechanical drawing indicating design of
system, size (BTU and volume) of equipment, vent location and termination, and combustion air to be
supplied prior to any installation.
Due to Colorado State Statutes, all sink faucetts
and shower heads are required to utilize flow restriction devices. A1so, the maxj-mum water cl-oset flush usage is limited to a maximum of 3.5 gallons per flush.
At eaves and valleys an adequate underlayment shafl
be provi-ded to protect a structure from ice buildup
and water damage. Two layers of felt solid mopped to sheathing and between layers or a comrnercial water & ice shield mav be used as per Table 3281 .
14
t\.
Tovnr ol Vall
'IOWn Or Var_ t
25 South Frontage Road Vai1, Col-orado 8l-657 (303) 419-2138
Plan analysis based on the 1991- Uniform Buildino Code
NANe: SMITH/SAGE CARETAKER AddTesS: T367 VAIL VALLEY DR.Date: August 24, t994 Contractor: GARY BOSSOW
Occupancy: R3rMl- Designer: D. HAASE
Type of Const: V-N Engineer: NA Plins Exami-ner: CHUCK FELDMANN
NOTE:The code items listed in this report are not intended to be a complete listing of all possible code requirements in the 1991 UBC. It is a guide to selected sections of the code.
SEPARATION
DIRECTION BOUNDARY AREA TNCREASE FIRE PROTECTION
NORTH Building 0.0 Feet 0.0 Feet EAST Propert.y line 92.0 Feet 92.0 Feet
SOUTH Propert.y line 20.0 Feet 20.0 Feet WEST Property line 18.0 Feet 18.0 Feet
EXTERIOR WALL FIRE RATINGS AND OPENING PROTECTION Table 17-A & Table 5-A
NORTH EAST SOUTH WEST
OCC BRG NON_BRG OPNG BRG NON-BRG OPNG BRG NON-BRG OPNG BRG NON-BRG OPNG WALL WALL PROT WALL WALL PROT WALL WALL PROT WALL WALL PROT R3 thr* thr* NOP Ohr Ohr None Ohr Ohr None Ohr Ohr None M1 thr* thr* NOP Ohr Ohr None Ohr Ohr None Ohr Ohr None
The exterior walLs may be of COMBUSTIBLE material. Sec .2201 -
None -- No fire protection requirements for openings.
ProL -- Openings are to be protected with 3/4 hr fire assenblies.
508 of the area of the waIl maximum. Sec.2203.(b) & Tab1e 5-A
Maximum single window size is 84 sq.ft with no dimension greater than L2 feet. -- Sec. 4306. (h)
NOP -- Openinqs are not permitted in this waLl-.* -- These waLLs may be required to have a parapet walI 30 inches
above the roofing. The parapet walI is required to have the same fire rat.ing as Lhe wall. See section 1?10. for details and excepLions.
trFFIOH OOPY
FL NAME AREA MIN.LIGHT MIN.VENT NO.EXITS EGRESS
2 Bath roon 2 Kitchen/Living
40 0.00 2.00 192 19.20 9.60
LNo 1No 1No
1
1No
1
1
2 Hal1s, closets, etc. 67 0.00 0.00
TOTAL FOR FLOOR
L Garage
TOTAL FOR FLOOR
BUILDING TOTAL
299 281_ 0.00 0.00
281_
s80
FOOTNOTES:1) EGRESS - An operable window or door that opens directly to the exterior is required from thj-s room. The minimum clear openable area must meet the following. -- Sec. 1204.l-) The minimum clear height is 24 inches
2\ Tbe minimum clear width is 20 inches 3) The minimum clear area is 5.7 square feet 4) The maximum sil-I height is 44 inches 2) The number of exits is based on TabLe 33-A (Dwellings)
3) A mechanical ventilation system may be used in in lieu of exterior
openings for ventilation. -- Sec. 1205. (c)
ROOM DIMENSIONS:
Habit.able space sha1l have a ceiling height of not less than 7 feet 6 inches. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of 7 feet measured to the lowest projection. If the ceiling is sloping, then the minimum height is required in only L/2 of the area.
--Sec.1,2Q'1 .@\
Every dwelling unit sha1l have at least one room which has not. less than 120
square feet of floor area. Other habitable rooms except kitchens sha1l have
an area of not less than 70 square feet. -- Sec. 1207.(b)
Habitabl-e rooms other than a kitchen shall not be less than 7 feet in any
dimension. -- Sec. 1-207 . (c)
GLAZING REQUIREMENTS:
AlI glazing in hazardous locations is required Lo be of safety glazing materiaf. -- Sec. 5406. (d)
1) Glazing in ingress and egress doors except jalousies.
2) Glazing in fixed and sliding panel-s of sliding door assemblj-es and panels in swinging doors other Lhan wardrobe doors.3) Glazing in storm doors.4l Glazing in all unframed swinging doors.5) Glazing in doors and enclosures for hot. tubs, whirlpools, saunas, sLeam
rooms, bathtubs and showers. Glazing in any portion of a building walI
enclosing these compartments where the bottorn exposed edge of the glazing is less than 60 inches above a standing surface and drain in1et.6) Glazing in fixed or operabJ-e panels adjacent Lo a door where the nearest
exposed edge of the glazxing is within a 24-inch arc of either vertical
edge of the door in a cl-osed position and where the bott.om exposed edge of the glazing is less than 60 inches above the walking surface.7) Glazing in an individuaf fixed or operable panel, other than those locations described in items 5 and 6 above, t.han meet.s all of the following conditions:A. Exposed area of an individual pane greater than 9 sguare feet.
B. Exposed bottom edge less than 18 inches above the floor.
C. Exposed top edge greater than 36 inches above the floor.
D. One or more walking surfaces within 35 inches horizontally of the plane of the glazing.
8) Glazing in railings regardless of height above a walking surface.
Included are structural baluster panels and nonstructural in-fill
panels.
See exceptions.
SMOKE DETECTOR REQUIREMENTS:
A smoke detector is reguired on t.he ceiling or walL at a point centrally located in the corridor or area giving access to each sleeplng area.
-- Sec. 1210. (a) 4.
A smoke detector is required on the ceiling or wa1I in each sleeping area. -- Sec. 1210. (a) 4.
A smoke detector is requj-red on all stories. -- Sec. 1210.(a) 4.If the upper level- contains sleeping room(s), a smoke detector is required in the ceiling of the upper Level close to the stairway.
-- Sec. 12L0. (a) 4
Snoke detectors are required to be wired Lo the building's power source and sha1l be equipped with a battery backup. -- Sec. l-210.(a) 3.
Detect.ors shall sound an alarm audible in all sleeping area of the dwelling in which they are located. -- Sec. L2L0.(a) 4.
OCCUPANCY SEPARATION:
Betbreen the garage and the residence, materials approved for Lhr fire construction are required on the garage side only and any doors between the garage and the residence are to be a self-closing 1 3/8 inch solid core door or a 20 minute fire door. -- Table 5-B e Sec.503.(d) exc. #3
STAIR REOUIREMENTS:
A stairway in a dwelling must be at least 36 inches wide. -- Sec. 3306.(b)
The maximum rise of a step is 8 inches and the minimum run is 9 inches.
-- Sec. 3306. (c) exc. #L Provide a handrail on one side a stairway 34 to 38 inches above the nosing if there is 4 or more risers. -- Sec- 3306. (i)
Provide a guard rail- where drop off is great.er than 30 inches. Minimum height
= 35 inches, maximum opening size = 4 inches. -- Sec . 1,'71,2. (a) exc. #1
The minimum headroom is 5 ft.- 8 inches- -- Sec. 3306.(o)
EncLosed usabl-e space under the stairs i-s required to be protected as required for thr fire-resistive construction. -- Sec. 3306. (1)
SHAFT ENCLOSURES:1) Chutes and dumbwaiter shafts with a cross-sectional area of not more than 9 square feet may lined on the inside with not less than 26 qage
galvanized sheet metal with all joints locklapped. The outside must be
l- hr construction. All openings into any such enclosure shall be protected
by not less than a self-closing solid wood door l3/g inches thick or equivalent. -- Sec. 1706. (f)
2) Gas vents and nonconbustible piping instal1ed in wal-ls passing through 3 floors or less do not need to be in L hour shafts.
-- Sec. 1706. (c)
3) Shafts for gas vents, factory-bui1t chimneys, piping, or ducts that do not extend through not more than 2 floors need not. be in L hour shafts.
-- Sec. 1706. (c)
4) A11 other shafts are required to be enclosed in a l- hour assembly.
-- Sec. 1-706. (a)
ADDITIONAL REQUIREMENTS :
For R3 occupancy
This project will require a site improvement survey. Such survey
sha1l be submitted and approved prior to request for frame
inspection.
All- crawl spaces within the Town Of Vail are limited to a eart.h to structural floor ceiling height of 5t, be earth floor only, be ventilated as per UBC 2516 (C) 6 with minimum access as per UBC
2516(C)2 and maximum access of 9 sq. ft.
Any building site with a slope of 30 degrees or more shal1 require an
engineer desi-gn. Such design shall- address drainage, soil- retainage
and structural design.
Excavation below slabs on grade shall- not be permitted without prior
approval .
Address numbers shal1 be posted plainly visible and legible from the qt raaf
For M1 occupancy
Slope garage floor to all-ow for drainage to outside to provide a floor drain with sand and oil interceptor to dry well or to sewer.
Any garage floor drain connected to sewer must be approved by Upper Eagle Val1ey Water & Sanitation District.
In garages with living area above, the walls of the garage wiich are bearing the area above shall be protected with one hour fire resistive construction. UBC 503(B) .
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Plan analysis
t.he 1991 Uni-form
Name: SAGE/SMITH #B Date: July 7, 1994
Occupancy: R3,ML
Type .of Const: V-N
NOTE.:The code items listed in this report listing of all- possible code requi-rements selected sections of the code.
Town of Vail
25 south Frontase Road Town of Vail
""'1io!i'"iio"-ar6si- 0FFlcE c0py
based on Building Code
Address z L36'7 VAf L VALLEY DR.Contractor: GARY BOSSOW DEV Architect: JOHN WHEELER Engineer: NA
Plans Examiner: CHUCK FELDMANN
are not intended to be a complete in the 1991 UBC. It is a quide to
DIRECTION BOUNDARY
NORTH Property line EAST Property line
SOUTH Propert.y line WEST Buildinq
SEPARATION
AREA INCREASE
32.0 Feet
18.0 Feet
78.0 Feet
0.0 Feet
EXTERIOR WALL FIRE RATINGS
Table 17-A & Table 5-A
FIRE PROTECTION
32.0 Feet
J.U . U t eet'
78.0 Feet
0.0 Feet
OPENING PROTECTION
SOUTH WEST
BRG NON-BRG OPNG BRG NON-BRG OPNG
WALL WALL PROT WALL WALL PROT Ohr Ohr None thr* thr* NOp
Ohr Ohr None thr* thr* NOP
NORTH
OCC BRG NON-BRG OPNG BRG
WALL WALL PROT WALL R3 Ohr Ohr None Ohr M1 Ohr Ohr None Ohr
The exterior wal1s may be of
AND
EAST
NON-BRG OPNG
WALL PROT Ohr None Ohr None
COMBUSTIBLE maLerial. Sec -2201,
None -- No fire protection requirements for openings.Prot -- Openings are to be protected with 3/4 hr fire assemblies.
50% of the area of t.he wall maximun. Sec.2203. (b) & Table 5-A
Maximum single wj-ndow size is 84 sq.ft with no dimension greater than l-2 feet. -- Sec. 4306. (h)
NOP -- Openings are not permitted in this wall-.* -- These wa1ls may be required to have a parapet wall 30 inches
above the roofing. The parapet wal_I is required to have the same fire rating as the wal-l. See section 17L0. for detai-Is and exceptrons
NAME FL AREA MIN. LIGHT MTN.VENT NO.EXITS EGRESS
2 Master bedroom 2 Master bath 2 Game room
2 Dining room 2 Kitchen 2 Bath room 2 Ha1ls, closets, etc.
TOTAL FOR FLOOR 1 Garage 1 Bedroom #l-1 Bath room 1 Bedroom #2 1 Bath roon #2
| 'r'tfi r I It r/\.\trr
l- Bedroom #3 1 Bath room #3 1 Laundry room 1- HaIls, closets, etc.
TOTAL FOR FLOOR
BUILDING TOTAL
317
170
z4z
zzY
309
ZJ
409
1699
598
168
42
l-bJ
4I
164
2t0
43
40
JUJ
L852
3551
31.70
0.00
24.20
ZZ . YU
30.90
0.00
0.00
0.00
J.O.dU
0.00
IO-JU
0.00
16.40
2r.00
0.00
0.00
0.00
8 .50 t2.r0
11.45
r_5 .45 1 qn
0.00
0 .00
8 .40
2.L0
8.15
2.0s
8.20
10.50
2.t5
2.00
0.00
Yes
No
No
No
No
No
No
No
Yes
No
YeS
No
No
Yes
No
No
No
1
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FOOTNOTES:1) EGRESS - An operabl-e window or door that opens di-rectty to the exterior is required from this room. The minimum cl-ear openable area must meet the following. -- Sec. L204-1) The minimum clear height is 24 inches 2) The minimum clear width is 20 lnches 3) The minimum clear area is 5.7 square feet 4) The maximum sill height is 44 inches 2l The number of exits is based on Tab]e 33-A (Dweltings)3) A mechanical ventilation system may be used in in 1ieu of exterior openings for ventilaLion. -- Sec. 1205. (c)
ROOM DTMENSIONS:
Habitable space sha11 have a ceiling height of not less than 7 feet 6 inches. Kitchens, hal1s, bathrooms and toilet compartments may have a ceiling height of 7 feet measured to the lowest projection. If the ceiling is sloping, then the minimum height is required in only I/2 of the area.--Sec.120'7.(a)Every dwelling unit shall- have at l-east one roon which has not less than 120 square feet of floor area. Other habitable rooms except kit.chens shaLl have an area of not less than 70 square feet. -- Sec.l20j.(b)Habitable rooms other than a kitchen shall not be less than 7 feet i-n anv dimension. -- Sec. 7207. (c)
GLAZING REQUIREMENTS:
A11 glazing in hazardous locations is requi-red to be of safety glazing mat.erial . -- Sec. 5406. (d)1) Glazing in ingress and egress doors 2) Glazing in fixed and sliding panels panels in swinging doors other than 3) Glazing j-n storm doors.
except jalousies.
of sliding door assemblies and
wardrobe doors.
4) Glazing in all unframed swinging doors.5) Glazlng j-n doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers. Glazing in any portion of a building wall enclosing these compartments where the bottom.exposed edge of the glazing is less than 60 inches above a standing surface and drain in1et.6) Glazing in fixed or operable panels adjacent to a door where the nearest
exposed edge of the glazxing is within a 24-inch arc of eit.her vertical
edge of the door in a closed position and where the bottom exposed edge of the glazing is less than 60 inches above the walking surface.7) Glazing in an individual fixed or operable paneI, other than those locations described in items 5 and 6 above, than meets all of the .following conditions :A. Exposed area of an individual pane greater than 9 square feet.B. Exposed bottom edge less than 18 inches above the floor.. C. Exposed top edge greaLer than 36 inches above the floor.D. One or more walking surfaces within 36 inches horizontally of the plane of the glazing.
8) Glazlng in railings regardless of height above a walking surface.
IncLuded are sLructural baluster panels and nonstructural in-fil-l panels.
See exceptions -
SMOKE DETECTOR REOUIREMENTS:A smoke detect.or is required on the ceiling or waIl at a point centrally located in the corridor or area giving access to each sleeping area.-- Sec. 1210. (a) 4.A smoke detector is required on the ceiling or wal-1 in each sleeping
area - -- Sec. 121-0 . (a) 4.A smoke detector is required on all stories. -- Sec. 1210. (a) 4.Tf the upper level contains sleeping room(s), a smoke detector is required in the ceiling of the upper level close to the stairway.
-- Sec. L210. (a) 4
Smoke detectors are required to be wired to the buildingt s power source and shall be equipped with a battery backup. -- Sec. 1210.(a) 3.Detectors shalI sound an alarm audible in all sleeping area of the dwelling in which they are locat.ed. -- Sec. 1210. (a) 4.
FIREPLACE REOUIREMENTS :
MASONRY FIREPLACE:l-) Fireplace must be supported by a foundation. -- Sec. 3707.(b)2, The firebox must be at least 20 inches deep and wall-s of firebox are to be 10 inches thick. If the lining is of firebrick then the wall-s
may be 8 inches thick. -- Sec. 3707. (c)
3) The minimum clearance to cornbustible material is from the fireplace,
smoke chamber, and chinney wal1s is 2 inches. Combustible material may not be placed within 6 inches of fireplace opening and combustible within 12 inches may noL project more Lhan 1/8 inch for each L inch of clearance. -- Sec. 3?07. (h)4, The hearth must be noncombustible, a minimum of 4 inches thick, and
supported by noncombustible material . The hearth size must be at least:If Opening size is: Front extension Side extensi_on
Less than 6 sq,ft. 16 inches 8 inches 6 sq.ft. or greater 20 lnches 12 inches
-- Seq. 3707. (k) c (r)
5) Chimney height must be per Table 37-B
OCCUPANbY SEPARATION:
Between the garage and the residence, materials approved for thr fire construction are required on the garage side only and any doors between the garage and the residence are to be a sel-f-closing 1- 3/8 inch solid core door or a 20 minute fire door. -- Table 5-B & Sec.503.(d) exc. #3
STAIR REQUIREMENTS:
A stairway in a dwelling must be at least 36 inches wide. -- sec. 3306.(b)
The maximum rise of a step is I inches and the minimum run is 9 inches.
-- Sec. 3306. (c) exc. #1 Provide a handrail- on one side a stairway 34 to 38 inches above the nosing if there is 4 or more risers. -- Sec. 3306. (i)
Provide a guard rail where drop off i-s qreater than 30 inches. Minimum = 36 inches, maximum opening size = 4 inches. -- Sec. L'1l-2.(al exc.
The minimum headroom is 6 ft.- 8 inches. -- Sec- 3305.(o)
Enclosed usab]e space under the stairs is required to be protected as for Lhr fire-resisLive construction. -- Sec. 3306. (1)
height
#1
required
SHAFT ENCLOSURES:1) Chutes and dumbwaiter shafts with a cross-sectional area of not more than 9 square feet may lined on the inside with not less than 26 gage galvanized sheet metal with all joints locklapped. The outside must be t hr construction. A11 openings into any such enclosure shaLl be protected by not fess than a self-closing solid wood door 1 3/B inches thick or equivalent. -- Sec. 1706. (f)2, Gas vents and noncombustible piping installed in watl-s passing through 3 floors or less do not need to be in t hour shafts-
-- Sec. 1706. (c)
3) Shafts for gas vents, factory-built chimneys, piping, or ducts that do noL ext.end through not more than 2 floors need not be in t hour shafts.
-- Sec. 1706. (c)
4) AI1 other shafts are reguired to be enclosed in a t hour assembLy.-- Sec. 1706. (a)
ATTIC REQUIREMENTS:1) Provide an access to all attic areas with a clear height of 30 inches or more. The minimum size is 22 inches by 30 inches. There must be 30 inches or more cfear height above the access. -- Sec. 3205.(a)2) Provide ventilation i-n all attic areas. The net free vent area is to be not less than l square foot for each 150 square feet of attic area.The vent area may be 1/300 if at leasL 50t of the required ventil_ating area is provided by ventilators locat.ed in the upper portion of the attic. The upper ventilators must be at least 3 feet above the eve or cornice vents. -- Sec. 3205. (c)
e'
CRAWLSPACE .REQUIREMENTS :1) Provide ventilaLion eit.her by mechanical- means or by openings in exterior walls. Opening sha1l provide a net area of not less than 1 square foot for each 150 square feet of area in crawl space. Openings shall be distributed on two opposite sides and be located as close to corners as practical-.
-- Sec. 2516.(c) 6. Note: Vent openings may be reduced to 10% of the above if ground surface area is covered with an approved vapor barrier and the building offj-cial approves.2l Provide 18-inch by 24-inch access opening to the crawL space area. Note:
opening may be requj.red to be larger if mechanical equipment is located in the crawl- space. -- Sec. 2515. (c) 2.3) Untress the wood is listed as an approved wood of natural resistance to decay or treaLed wood, the minimum clearance between exposed eart.h and floor joist is 18 inches. The minj,mum clearance to beams and girders is is .12 inches. -- Sec. 2516. (c) 2.
ADDITIONAL REQUIREMENTS :For R3 occupancy This project will require a site j-mprovement survey. Such survey
shal-l- be submitted and approved prior to request for frame inspection.
Alf crawl spaces within the Town Of Vail are lirnited to a earth to structural floor ceiling height of 5,, be earth fl_oor onty, be ventilated as per UBC 2516 (C) 6 with minimun access as per UBC 2516(C)2 and maximum access of 9 sq. ft.
Any building site with a slope of 30 degrees or more shal_l require an engineer design. Such design shall address drainage, soil_ retainage and structural design.
Excavation below slabs on grade shall not be permitted without prior
approval .
Address numbers sha11 be posted plainly visible and legible from the street.
For M1 occupancy
Slope garage floor to a1low for drainage to outside to provide a fl-oor drain with sand and oil interceptor to dry well or Lo sewer.Any garage ffoor drain connected to sewer must be approved by Upper
EagJ-e VaLLey Water & Sanitation District.
In garages with living area above, the wal_ls of the garage wiich are bearing the area above shal-l- be protected vrith one hour fire resistive construction. UBC 503(B) .
Town of Vail
Name: SMITH/SAGE #A Date: July 7, ]-994
Occupancy: R3,Ml Tlpe'of Const: V-N
Town of Vail
25 Sout.h Frontage Road Vai1, colorado 81657 (303) 479 -2]-38
PIan analysis based on the 1991 Uniform Building Code
OFFICIE OOPY
AddTESSZ ]-367 VAIL VAI,LEY DR.
Contractor: GARY BOSSOW DEV.
ArchiTect:'JOHN WHEELER Engineer: NA
Plans Examiner: CHUCK FEIJDMANN
NOTE:The code items listed in Chis report are not intended to be a complete listing of a1l possible code requirements in L.he 1991 UBC. It is a guide to
selected secLions of the code.
SEPARATION
DIRECTION BOUNDARY AREA INCREASE FIRE PROTECTION
NORTH Property line 59.0 Feet 59.0 Feet EAST Buildi-nq 0.0 Feet 0. 0 Feet
SOUTH Propert.y line 35.0 Feet 35.0 Feet WEST Property line 20.0 Feet 20.0 Feet
EXTERIOR I^IAI-,L FIRE RATINGS AND OPENING PROTECTION
Table 17-A & Table 5-A
NORTH EAST SOUTH WEST
OCC BRG NON.BRG OPNG BRG NON-BRG OPNG BRG NON-BRG OPNG BRG NON-BRG OPNG
WALL WALL PROT WALL WALL PROT WALL WALL PROT WALL WALL PROT
R3 Ohr Ohr None l-hr* thr* NOP Ohr Ohr None Ohr Ohr None Ml Ohr Ohr None lhr* thr* NOP Ohr Ohr None Ohr Ohr None
The exterior walls may be of COMBUSTIBLE material . Sec.2201.
None -- No fire protection requirements for openings.
ProL -- openings are Lo be prot.ected with 3/4 hr fire assemblies.
50% of the area of the wall maximum. Sec.2203.(b) & Table 5-A
Maximum single window size is 84 sq.ft with no dimension greater Lhan 12 feet. -- Sec. 4306. (h)
NOP - - Openings are not permitted in this wal1.* - - these walls may be required to have a parapet wa1l 30 inches
above the roofing. The parapet wal1 is required to have the same fire rating as the wall. See section 1710. for details and exceptions.
FL AREA MIN.I,IGHT MIN.VENT NO.EXITS EGRESS
2 Game room 2 Kitchen
,/ tl aff\ -r | \7 r-a\arrn
2 Master bedroom 2 Master baLh 2 Bat.h room 2 Ha11s, closet.s, eLc.
TOTAIJ FOR FIJOOR 1 Garage 1 'Bath room 1 eedroom #L l- Bedroom #2 1 'Bath room #2 1 Bath room #3 1 eedroon #3 1 Halls, closets, etc.
TOTAL F'OR FLOOR
BUILDING TOTAL
FOOTNOTES:
572
LZt
1_83
266
l- 11_
22
324
1607
596
50
133
160
45
45
187
392
16 08
3215
57 .20
rz . tv
18.30
26 .60
0.00
0.00
0.00
0.00
0.00
L3.30
16.00
0.00
0.00
18.70
0.00
28.60
6 .45
9.15
r.3.30
5.55
1.50
0.00
0. 00 ? cn
6.6s
8.00
2.25
2.25
9.3s
0.00
NO
NO
NO
NO
No
NO
No
NO
Yes
Yes
NO
No
Yes
No
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1) EGRESS - An operable window or door that opens directly to the exterior is required from this room. The minimum clear openable area must meet the following. Sec. t204.1) The minimum clear heiqht is 24 inches 2) The minimum clear width is 20 inches 3) The minimum clear area is 5.7 square feeE 4) The maximum siIl height is 44 inches 2\ The numlcer of exits is based on Table 33-A (Dweltinqs)
3) A mechanical ventilat.ion system may be used in in lj-eu of exterior
openings for ventilation. -- Sec. 1205. (c)
ROOM DIMENSIONS:
Habit.able space shal1 have a ceiling heiqht of not less than 7 feet 6 inches. Kitchens, halls, bathrooms and toilet compartments may have a ceiling heiqhL of 7 feet measured to the lowest projection. If the ceiling i.s sloping, then the minimum height. is required in only L/2 of the area.
- -sec. L207 . (a)
Every dwelling unit sha1l have at least one room which has not less than 120
square feet of floor area. OEher habitable rooms except kitchens sha11 have
an area of not less than 70 sguare feet. -- Sec. t207.(b)Habitable rooms other than a kitchen sha1l not be less than 7 feet in any
q]-mensron.Sec. 1207 , (c)
GI,AZING REQUIREMENTS :All glazing in hazardous locations is required to be of safety qlazing material . -- Sec. 5406. (d)
1) Glazing in ingress and egress doors except jalousies.
2) Glazing in fixed and sliding panels of sliding door assembl-ies and panels in swinging doors other than wardrobe doors.3) Glazing in storm doors.4) Glazing in all unframed swinging doors.
o
5) Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers. Glazing in any portion of a building wal1 enclosing these compartments where the bottom exposed edge of the glazing is less than 60 inches above a standing surface and drain inlet.6) Glazing in fixed or operable panels adjacent to a door where the nearest
exposed edge of the glazxing is within a 24-inch arc of either vertical
edge of the door in a closed position and where the bott.om exposed edge of the qLazing is less than 60 inches above the walking surface.7) Glazi-ng in an individual fixed or operable panel , other than those locations described in items 5 and 6 above, than meeLs alL of the following conditions:' A. Exposed area of an individual pane greater than 9 square feet.B. Exposed bottom edge less than 18 inches above the fIoor.C. Exposed top edge greater than 36 inches above the floor.' D. One or more walking surfaces within 36 inches horizontatly of the plane of the glazing.
8) Glazing in railings regardless of height above a walking surface.Included are structural baluster panels and nonstructural in-fiIl panels.
See exceptions.
SMOKE DETECTOR REQUIREMENTS:
A smoke detector is required on t.he ceiling or walI at a point centrally located in the corridor or area giving access to each sleeping area.-- Sec. 1210.(a) 4.
A smoke detector is required on the ceiling or wall in each sleeping area. Sec. 1210. (a) 4 .
A smoke detector is required on all stories. -- Sec. l-210.(a) 4.If the upper 1eve1 contains sleeping room(s), a smoke detector is required
i-n the ceiling of the upper level close to the stairway.-- Sec. L210. (a) 4
Smoke detectors are required to be wired to the building's power source and shall be equipped with a battery backup. -- Sec. L2L0.(a) 3.DetecLors shall sound an alarm audible in all sleeping area of the dwelling in which they are located. -- Sec. 121-0. (a) 4.
FIREPI-,ACE REQUIREME}TTS :
MASONRY FIREPLACE:L) Fireplace must be supported by a foundation. -- Sec. 3707.(b)2) The firebox must be at least 20 inches deep and wal1s of firebox are
t.o be l-0 inches thick. rf the lining is of firebrick then the wal1s
may be I inches thick. -- Sec. 3707.(c)3) The minimum clearance to conbust.ible material is from the fireplace,
smoke chamber, and chimney wa11s is 2 inches. Combustible material may not be placed within 6 inches of fireptace opening and comlcustible within 12 inches may not project more than 1"/8 inch for each 1 inch of clearance. -- Sec. 3707. (h)
4) The hearth must be noncombustible, a minimum of 4 inches thick, and
support.ed by noncombustible material . The hearbh size must be aL least:If Opening size is: Fronu extension Side extension
Less than 6 sq.ft. 1-6 inches 8 inches 6 sq.ft. or greater 20 inches 12 inches sec.3707.(k) & (1)
5) Chimney height must be per Table 37-B
OCCUPANCY SEPARATION:
Between the garage and the residence, materials approved for thr fire construction are required on the garage side only and any doors beLween the garage and the residence are to be a self-closing L 3/8 inch solid core door or a 20 minut.e fire door. -- Table 5-B & Sec. 503.(d) exc. #3
STAIR REQUIREMEIflTS:
A sLairway in a dwelling must be at least 36 inches wide. -- Sec. 3306.(b)
The maximum rise of a step is 8 inches and the minimum run is 9 inches.-- 'Sec. 3306. (c) exc. #1 Provide a handraiL on one side a staj-rway 34 to 38 inches above the nosing if there is 4 or more risers. -- Sec. 3306. (i)
Provide a guard rail where drop off is greater than 30 inches. tvtinimum height
= 36 inches, maximum opening size = 4 i-nches. -- Sec. L7t2.(a) exc. #1
The minimum headroom is 6 ft.- 8 inches. -- sec. 3306.(o)
Enclosed usable space under t.he stairs is required to be protected as required for thr fire-resistive construction. -- Sec. 3306. (1)
SHAFT ENCI,OSURES:1) Chut.es and dumbwaiter shafts with a cross-sectional area of not more than 9 square feet may lined on the inside wit.h noL less than 26 qage
galvanized sheet metal wiLh all joints locklapped. The outside must be t hr consLruction. All openings int.o any such enclosure shall be protected
by not less than a self-closing solid wood door 1, 3/8 inches thick or equivalent.. - - Sec- l-706. (f )2) cas venLs and noncombustible piping installed in walls passing through 3 floors or less do not need to be in l- hour shafts.
Sec. 1706. (c)
3) ShafLs for gas vents, factory-built chimneys, pipinq, or ducts that do not extend through not more than 2 floors need not be in t hour shafts.Sec. 1706. (c)
4) A11 other shafts are required to be enclosed in a t hour assembly.
Sec. 1706. (a)
ATTIC REQUIREME}TTS:1) Provide an access to all atLic areas with a clear height of 30 inches or more. The minimum size is 22 inches by 30 inches. There must be 30
inches or more clear height above the access. -- Sec. 3205.(a)2) Provide ventilation in aII attic areas. The net free venL area is to be noL less than l square fooL for each 150 square feet of aLtic area.
The vent area may be 1/300 if at leas! 50% of the reguired ventilating
area is provided by ventilators located in the upper portion of the attic. The upper ventilat.ors must be at least 3 feet above the eve or cornice vents. -- Sec. 3205. (c)
CRAWIJSPACE REQUIREMENTS :1) Provide venLilation either by mechanical means or by openings in ext.erior walls. Openinq shal1 provide a net area of not less than 1 square foot for
each 150 square feet of area in crawl space. Openings shal1 be distributed
on two opposite sides and be located as close to corners as practical.
Sec. 2516.(c) 6. Note: Vent openings may be reduced to 10t of the above if ground surface area is covered with an approved vapor barrier and the building official approves.
2) Provide'18-inch by 24-inch access opening to the crawl space area. NoLe:
opening may be required to be larger if mechanical eguipment is located in the crawl space. -- Sec. 2516. (c) 2.3) Unless the wood is listed as an approved wood of natural resistance to
decay or treated wood, the minimum clearance between exposed earth and floor joist is 18 inches. The minimum clearance to beams and girders is is L2 inches. -- Sec. 2516. (c) 2.
ADDITIONAL REQUIREMENTS :For R3 occupancy
This project will require a site improvement survey. Such survey
sha1l be submitted and approved prior to request for frame inspection.
All'crawl spaces within the Town Of vail are limited Lo a earth to struct,ural floor ceilinq height of 5', be earth floor only, be ventilated as per UBC 2516 (C)5 with minimum access as per UBC
2516(C)2 and maximum access of 9 sq. ft.
Any building siLe with a slope of 30 degrees or more sha1l require an
engineer design- Such design shall address drainage, soil retainage
and structural design.
Excavation below slabs on grade shall not be permitted without prior
approval .
Address numbers shall be posLed plainly visible and legible from the
q|-.r.aaF
For Ml- occupancy
Slope garage floor to allow for drainage to outside to provide a floor drain with sand and oil- interceptor to dry well or to sewer.
Any garage floor drain connected to sewer must be approved by Upper
Eagle Valley Water & Sanitation District.
In garages with living area above, the walls of the garage wiich are
bearing the area above shall be protected with one hour fire resistive construction. UBC 503 (B) .
Name: SMITH/SAGE #A Date: July 7, L994
Occupancy: R3, Ml-
Type of Const: V-N
Town of Vail
25 South Frontage Road Vai1, Colorado 81657 (303) 479-2138
Plan review based on the 1991 Uniforrn Buildinq
Town of Vail
OFFICE OOPY
Code
Address: 1357 VA]L VALLEY DR.
CONTrActor: GARY BOSSOW DEV.Archit.ecT: JOHN WHEELER Engineer; NA
Plans Examiner: CHUCK FELDMANN
A11 el-ectrical work is to be complete to the requirements of the latest National Electrical Code,all Town of Vail- Ordinances, and Holy Cross
Requirements.
This project will require a site inprovenent survey.This survey shaU be subsnitted and etaff, approved prior to a request for a frane inspection. Under no
circu.mstances will a frame inspection be done witbout an approved site improvement survey.
There shall be only one kitchen designated per dwelling unit allowed by the Town of Vail Zoning Regulations. ALI other such labefed areas are not approved and shall not be rough-in constructed as
such.
ExLerior surfaces with stucco shal1 be provided with exterior metal l-ath as per UBC 4706 with 2layers of paper. Windows and doors are required to be
adequatel-y flashed(not wit.h just screed metal). A lath inspection is required prior stucco application.
ALl new construction within Lhe Town of Vail will be required to have an initial inspection by TOV publ_ic
Works Dept. to approve site drainage and culvert lnstallation. This approval must be complete prior to any inspection by the Building Department.
This project is restricted from the burning of wood in fireplaces. Unless the lot is a restricted 1ot in sj-ze, three gas logs fireplaces and three gas
appliances are permitted per unit. al-lowed. Gas 1og
chimneys enclosures shall be one hr. protected.
TEIS PRO'IECT REQUIRES TI{O ONE SOUR TIAILS BETIYEEN
EACH OIg53 NITg A ONE INCH AIR SPACE FROM TOUNDATION
tio UNDEB EIDI OF ROOF SHEATING.
. 8- In bathrooms with a tub or shower and in laundry
rooms a mechanical ventilation system connected directly to the outside shall be provided. Bathrms which contain only a water closet or lav. may be ventilated with a recirculating fan. UBC 1205 (c) .
9 Domestic clothes dryer exhaust ducts shall be installed as per UMC l-104 and 1903. F1exible duct connectors may not exceed 6, in length and shall not be concealed within construction. Ducts sha11 terminate outside the buildinq and not exceed 14,length.
1.0 No domestic dlshwashing machine shal-l- be directly
connected to a drainage system without the use of an
approved dishwasher air-gap fitting. UpC 508.
11 Cross connection control devices shall be install-ed to protect pollution of potable $rater supply by use of approved backflow prevention devices. UpC j.003.
12 Plumbing fj-xtures with mechanical apparatus shal1 be supplied with an access panel for inspection and repair of equipment. UpC 904.
13 Domestic rangles shatl have a vertical clearance
above the cooking surface of not less than 30,' to unprotected combustible material . UMC 1901.
14 Approved gas logs may be installed 1n solid-fuel burning fireplaces provided the installation is according to the Iisting instructions, any damper sha1l be removed or permanentl_y blocked, and a safety shutoff val-ve is provi-ded. UMC 803.
15 Supply a mechanical drawing indicating design of system, size (BTU and volume) of equipment, vent location and termination, and combustion air to be supplied prior to any installation.
L6 Due to Colorado State Statutes, all sink faucetts
and shower heads are required to utilize flow restriction devices. Also, the maximum r^rater closet flush usage is limited to a maximum of 3.5 gallons per f1ush.
17 At eaves and valleys an adequate underl-ayment shall-be provided to protect a structure from ice buildup
and water damage. Two layers of feLt sol_id mopped to sheathing and between layers or a commercial water & ice shield rnay be used as per Table 328L.
18
r_9
In addition to a minimum reinforcement, not less than two #5 bars shall be provided around all window
and door openings. Such bars shall be extended
beyond the corners of the openings not less than 24'. vBc 26t4(d)7.
A one-l-ine electrical drawing for each leve1 is
requJ-red for this project. Failure to provide such
may result in field corrections at the expense of contractor.
Because of this project,s location, the foundatibn is required to be dampproofed to prevent damage to areas below finished grade. UBC L707(d).
The structure is required to be anchored to the foundataion with L/2 inc}j. anchor bolts. The bolts
must be into t.he concrete or masonry 7 inches and
spaced a maximum of 6 feet apart. See code for additional requirements. -- Sec. 2907.(f')
Include a copy of the soils report for the site to be built on. -- Sec. 2905.
20
2I
22
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1.
2.
PERMrrNo.0l272B
Contractor's copy to be kept on iobsite,
BLOCK 3, VAIL VAI,LEY IST 1367 VAIL VALIEY DRIVE
(Job Namo or Location ol Wo.k)
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TOWN OF VAIL
PUBLIC WAY PERMIT
SMITN/SAGE RESIDENCE
GARY BoSSCll pEvEr,opllENT 949-3880 _ 218-A
Bill to:
Paid:Receipt #:1669 JANEri. TURNBIn,L Js.
(PublicWorksl
INSPECTION REMARKS:
SKETCH PIAN OF WORK ATTACHED
\t
TOWN OFVAIL
Ut t c rt+.tgy r:,I
Job Name
o,n", Dtrmn
{ L.ndscaping ry9
El'Trench-width i '1 ' tt n
p (min.4,) Length A( Fi DePth
fCP
BondAmount * O .Oy' permitFee $ 7<e rotatPermit r". s75. dO
7.
ALL MATERIAL, EQUIPMENT, AND TRAFFIC CONTROL DEVICES MUST BE ON THE JOBSITE BEFORE THE
JOB IS STARTED.
Rubber out-riggers are required on excavating equipment when working on asphalt.
Asphalt surfaces underneath the bucket shall be protected at all times.
A signature below indicates a review of the area and utility locations and approvals, Once all utility company
signatures are obtained, permittee has option of routing application through the Puplic Workg to obtain the
necessary Town of Vail signatures. Please allow one week to process.
N/Upper Eagle Valley Water and Sanitation (476-7480)
Public Service Company (1 -800-922-1 987)
PSCO-Natural Gas Group (468-2528)
t,Holy Cross Electric Company (9a9-5892)
U.S. West (1-800-922-1 987)
TCI Cablevision of the Rockies
Town of Vail:
lnigation (479-2161)(479-2171)
Public Works (479-21 58)
4. workisfor(circreona) @ /."tth
10.
11.
THERE WILL BE NO TOTAL STREET CLOSURESI A construction traffic control plan must be approved by the
Public Works Department prior to issuance of lhe permit.
All excavation must be done by hand within 18" of utilities - (Senate Bill 172).
Permittee must contact Public Works Department at 479-2158 24 hours priorto commencing bacKill operations.
Failure to notify the Town will result in forfeiture of bond money. Scheduled inspections which are not ready may
result in the Town charging the contractor a reinspection fee.
12. l certify that I have read qll ch.apters of Title 12 -.Streets and Sidewalks, ot the Vail Municipal Code and all utility
company agreements, ,signed.by me, and will abide by the same, and that all utilities have been notiJied as required.' _\ _ ---)
i,--//o')
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Owners Name:
ceneral Description:
BUILDTNG: $
PLI]MBING: $
Address:
OTHER: $
Phone Nurnber:
Electrical Contractor:
Address:Town of Vail
Phone Nunber:
Town of VaiI
Phone Nurnber:
Reg. NO.
Reg. _llo.?c3-F
Mechanical contractor: flul;T :'IASS:VL }fH
Address:
ptunbins conrractor. ftOartzf n4gvf t4*/
Address:
* * ** * * * * * * ** * * * * * * * * * * * * * * * *** ** FOR
BUTLDING PERI{IT FEE:
PLWBING PERMTT FEE:
MECHANICAL PERT'IIT Fr'N: W ELECTRICAL FEE:
OTHER TYPE OF FEE:
DRB FEE:
Town of Vail Req. No. I)-7-tf
Phone Nuuber7Q466-tffi
o FF r cE us E * * * * * * * * * * * * * * * * * *9fJ*7 ffi X*t* * * *
BUTLDTNG PIAN CHECK FEE:
PLU}IBING PI,AN CHECK FEE3
MEcHANTcAL prAN cHEcK Fr,Ez 775-
RECREATTON FEE:
_!,rd_4_^JI 7fl ctaNl-vp DEposrr:_{_124J-.y' TOTAL PERI{rr FEES:
BUTLDTNG:
STGNAIURE:
ZONfNGS
SIGNATURE:
Legal Description: rot=f_vAtL Oil'; (4,/aSc:-!'1rIng__ SIIBDIVISION:
r.Address: llfriL- r' (e - - "* pn.476-zou'l
Address: }-t,''t ti.' "t-iLJ'r-. //llxo6.
9*C 6(A4Ntc4L =--.-*.-
a work classr{n"r [ ]-Alteration [ ]-Additional [ ]-Repalr [ ]-other_
Nunber of Dwelllng Units, 2 Nurnber of Accommodation Units:
n)pnler
and rvpe of Fireplaces: cas Applian""=1fu Gas Logs- wood/perlet-
lf********************************* VALUATTONS * *** * ****** ** ** ** ********* *** ****
ELECTRICAL: $MEcHANTCALT{@.rl,ultDrNu: + _ UECHANICAL3 +ZS-@-e_ TOTAL: l_v f **********************-*****, coNTg\croR rrtFoRl,IATroN ******************** *** ****tY:::::l.contractorz (flF--/ KaSfrN - rown of vail Res. No._
Cornnents:
CLE,ATT UP DEPOSIT NEFUND TO8
VALUATION
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' Town of Vnil
.il"l,i!'ii|3*'3"!3" fiFF',leil fi,l}r',,.
NAME:SMITH/SAGE MECH DArE:L/l/95 I
ADDRESS:136? VAIL VALLEY DR. CONTRACTOR:MTI. MASSTVE
VAIL, COLORADO
OCCUPANCY: R3
ARCHITECT:NONE
ENGINEER:NONE
TYPE OF CONSTRUCTION:V PLANS EX-4MINER:C' FELDMANN t'
{ coRREcrroxs REQIITRED
Tbe iteme tisted below are not intended to be a complete listing
of all possible code reguirenents in tbe adopted codes. -It is a
ouide to selected sEctions of the codes. ThE following is not to I
5e constrried to be an approval of any violation of any of tbe pro- I
"i"i""" "f tb" ",t"P til ' I
1) COMBU,STION AIR IS REQUIRED PER SEC.6O7 OF THE 1991 UMC.
133" bF COMB. AIR TOP AND BOTTOM IS REQUIRED.
2\ ACCESS TO HEATING EQUIPMENT MUST COMPLY WITH SEC.5O5 ANd 703
OF THE 1991 UMC.
3) INSTALLATION MUST CONFORM TO MANUFACTURES ]NSTRUCT]ONS AND TO
\ AIPENDTX CHAPTER 21 OF THE 1991 UMC.
4) cAS LINE TEST AND INSPECTTON IS REQUIRED BEFORE CONNECTTON I oF ANy EeurpMENT PER sEc.r206 oF rHE 1991 uPc.
5) HEATING EQUIPMENT MUST BE PROTECTED EROM VEHICLE DAMAGE PER
sEc.508 0F THE 1991 UMC.
6) GAS APPLIANCES SHALL BE VENTED ACCORDING TO CHAPTER 9 OF THE
8) BOILERS SIIALL BE MOUNTED ON FLOORS OF NONCOMBUSTIBLE
CONSTRUCTION UNLESS LISTED FOR MOUNTTNG ON COMBUSTIBLE
FLOoRING
/
I l
1991 UMC AND SHALL TERMINATE AS SPECIFIED IN SEC. 906 OF THE
1ee1 uMc.
I fr '7\ DRATNAGE OF MECHANICAL ROOMS CONTAINING HE+TING OR HOT-WATER -
SUPPLY BOILERS SHALL BE EQUIPPED W]TH A FLOOR DRAIN PER
sEc.21\9 0F THE 1991 UMC.
9) I,TAKE UP WATER FOR BOILER SYSTEMS ARE REOUIRED TO BE INSTALLED
BY A LICENSED PLUMBER AI{D MUST HAVE A BACKFLOW PREVENTTON
DEVICE INSTALLED IN COMPLIANCE WITH SEC. ].003 OF THE 1991 UPC.
L0)FIELD INSPECTION 15 REQUIRED FOR CODE COMPLIAI{CE PER SEC.3O5
OF THE 199]- UMC.
WHEN NEW ELECTRICAL LTNES ARE REOUIRED WORK MUST BE DONE BY A
LICENSED ELECTRICIAN.
PERMIT, PLANS AND CODE ANALYSIS MUST BE POSTED IN MECHANICAL
ROOM PRIOR TO AN INSPECTION REOUEST.
11)
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HOT WATER GAS BOILERs
tsURIIHAM XGzOOO
DOE Heating Capacities
54 to 158 t4BH
Efficiency
by design.
Burnham's XC2000 is onc of
tlrc' nrosr energr cfficient gas boilcrs
available. Wirh an annual eflicicncy
of up ro 86zo rhe Xc2ooo givcs you
maxirnurn value for your dollar.
The XC20O0 is ellicienr bv
desigrr. At rhe heart of every
XC2000 boiler is a dependable casr
iron heat exchanger that not only
enlrances encrgr efficicncy but also
inrproves boiler perfornrance. A
carefr.rlly calibrated drafi inclucing fan
pulls hor gases through rhe hear
exchangcr at just rhe Lighr speerl for
optirnrrrn effi ciency. Togerhcr, rhe
heat exchanger antl fan gencrate
nrore hcal with lcss lirel and
e'lintinare rhc loss ol valLrable near
boiler that is also easy ro install,
sintplc to service, and sal'e to
opcrate..
The natural venr XCZOOO is
dcsigned ro bc vc.nted inro a linecl
cornmon chimney with a gas.fircd
domesric rvnrer heater. . This can
help you save tinlc and rnoney orr
insrallarions.
The power vent X62O0O is
designed ro vent directly rhrough rhe
wall.. This is ideal for installations
where a chinrney is not availablc.
Apartnlents, condos, and nc'w
constnlclion are perfectly suited to
XG2000PV applicarions. The pV is
also ideal lor converting from
expensive cleitric heat.
throrrgh tlrc vr,!u. No vL'nt dantper is.
requircd.
The Versatile XGZOOO
Innovativc engineerine tlesign
rnakcs high cfficicniy possiEle in a
ROILER
NUMT]ER
NNI'URAI.
VIJN'I'
tl
POWEN
VEN'I"
B
xG2003A..| 4ft")tt"J"
xcl004A l7't"3'
xc2005A 2l )'/"3"
XG2006A 24t,")r'
" 3 secllon not avallablc ln naau.al venr
model.
Deluxe lnsularcd lack.t
I {" Ci(culutor wlth Plnln( to Boller
Prcssure Tenrperatrrrc blrige
uratn LocK
Thermostarlc Byrrass Vrlvc
auilt-tn Air Elr;inatlon
Hlgh Llrli.
El.c1rtc lgnltlon
lnduccd D.aft Fan
vldogicrM Dirgnostlc Modutc
Thcrmal Cur-OIf Swltch
,unctlon Box wlrh Ttansfomer
l0O96 Slrur-Off Comblnarlon S(ep-OpcnIng
Redundant cas valvc
Stalnless Sleel Durners
ASME Safery Reuef Valve .
t w volragc 'fhermostat . . ..t(' PIpe to CoDper AdaDtors and
It'Copper r1f
Venl Connc|ctor
l,1" Gas Connectlon
' Sc('vcDtitril ilrstflt(Iions on p ge 6.
,-/',-': t'lx Horsrcw
Shipping Nipple
T & P Openlng
Hot Water Outlet
lmrnersion Thermosta
Hydrastone Lin
Foam
Outer Jacket
Removable
Heat Exchanger
Cold Water lnlet
and Drain
The Remavoble Heot Exchongerl
lnstallation Diagram
HX
Supply <..-
Boiler
Return
Boiler
Supply
HX Return
FX
Z 0
Removable Heat Exchanger
Assembfy Diagram
Shut-off Valve
Check Valve
Circulator
Y
tll
Drain
Union
'19( Hour Ratings Tests {under ryprcal residenr,at.condrtionsl (ank \olume a! g5%.
cold stan - 90' tank rise 150-1401. l80o boiler warer, J.5 GPM borter Itow.
"Avarlable wrth l14" porable wa(er inler and outlet.
Commercial models avarlable w(h dual heat exchanoer corls.
7 YEAR LIMITEO PURCHASEN PROTECTION PLAN
I repair. or replacement is provided (excluding libor & freighrJ
rr tne tank or heat exchanger should leak within seven years from
the date of manufacrure-
Specif ication s
Flrst Hour Heat Ratlngs/ Exchanger Model Capaclty ca o;1. 5q. Fr,;. Helght Dtameter Welght
tro t5 th z0 241 8 t5 58'A 20 282 139 t5 47t/e 26 3?6
15 31 26 289
20
' l:-.-,tl -Bl'-.\ I I I r hear lrcnangc, co,l
MANUFA,CTURING
CO RPORATION
386 Elm 5r.. 8ox 543t. Salisbury. MA 01952 . 15081 462-6683
fi* MAssrvE pru*BrNc
P.O. BOX 702
MINTURN, COLONADO 81645
(z1r) 4E6,rola I )
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*************************************************1.**************
TOWN OF VAIL, COLORADo Statemnt
****************************************************************
Statemnt Number: REc-0001 Amount z 628'00 ot-1!+1!!--!!ztA
Permit No: M95-0005 Type: B-MECH MECHANICAL PERMIT
Parcel No: 2101-092-01-005
SitE AddTCSS: 136? VAIL VALI'EY DR
Location t 136't- VAIL VAL'LEY DR
Payment l.let'hoa: ii '--llot"[i"": TT ENTERED rnit: TT
****************x***************************,.*******************
Account Code DescriPtion Paid
01 OOO0 41311 PLtMBrilG PERMTT FEES s00'00
01 0000 4L332 PLAN CHECK FEES 125'00
01 OOOO 41336 WILL CALL INSPECTION FEE 3'OO
Total (This Payment): 628'00
628.00
628.00
.00
Total Fees i
Total All Payments:
Balance:
o;
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APPLICATION FOR
TOWN OFVAIL
PUBLIC WAY PERMIT 19 .,, ,/
1 . --:-
JOD
<{" 7
o
Start Dats
4. Work is for &kcte one)Water Sewer
5. Trench-width
(min. 4')
Landscaping
company
.1--' i f GasFlectric Telephone
Temporary Site Access
Str66t Address
TOV Contractor's License Number
(Permit Expiration Oal€)
Other
Description
/at,
CATV
7.
Length Depth
Bond Amount $Permit Fee $Total Permit Fee $
ALL MATERIAL, EQUIPMENT, AND TRAFFIC CONTROL DEVICES MUST BE ON THE JOBSITE BEFORE THE
JOB IS STARTEO.
Rubber out-riggers are required on excavating equipment when working on asphalt.
Asohalt surfaces underneath the bucket shall be Drotected at all times.
A signature below indicates a review of the area and utility locations and approvals. Once all utility company
signatures are obtained, permittee has oplion of routing application through the Public Works office to obtain the
necessary Town of Vail signatures. Please allow one week to process.
Upper Eagle Valley Water and Sanitation (476-74801 t ".'i-i
Public Service Company (1-800-922-1987) 'f :.r4
PSCO-Natural Gas Group (468-2528)//4
Holy Cross Electric Company (949-5892)
U.S. West (1-8oo-922-1s87) /.'a, /q
TCI Cablevision of the Rockies (949-5530)
Town ol Vail:I,J (47s-2121) ( l-./ aZ
9.
lrrigation (479-21 6'l')
Public Works (479-21 58)
THERE WILL BE NO TOTAL STREET CLOSURES! A construction traffic control plan must be approved by the
Public Works Department prior to issuance of the permit.
All excavation must be done by hand within 18" of utilities - (Senate Bill 172).
Permittee must contact Public Works Department at 479-2158 24 hours prior io commencing backfill operalions.
Failure to notify the Town will result in forfeiture of bond money. Scheduled inspections which are not ready may
result in the Town charging the contractor a reinspeslion fee.
'12. I certity that I have read all oJ fitle 1 2 - Streets and Sidewalks, of the Vail Municipal Code and all utility
, and will abide by the same, and that all utilities have been notified as required.signed
a,7 )6' t y'
Date of Signature
ATTACH PIAN OF WORK, INCLUDING CONTRUCTION TRAFFIC CONTROL PIAN
Show streets with names, buildings, and location of cuts. USE DASH LINES FOR CUT.
THIS IS NOT PUBLIC WAY PERMIT!
White - Public Works Yellow - Finance Pink - Communilv Develooment Gold - Conlractor
10.
11.
Excavating Contractor Name
Contractor's Signatqre of Agreemenl
TOWN OF VAIL
PUBLIC WAY PERMIT
, 1367 YAIL YALLEI DRTCE
PUBLIC SERVICS OMIPAX]T, P.O. BOX
Work is for (circle one) WATER
Fee S5O.O0 - Brr-r- Af EI{D OF IEAR
PERMITNO. Ci2E23
Contractor's copy to be kept on jobsite.d
o
o
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ii
o
o
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3
5 o-
o
=
=
Permit
Bill to:
Paid:
SKETCH PLAN OF WORK ATTACHED
.l.t .!l -?r .rl
APPLICATION FOR** --,.- "
TOWN OF VAIL
PUBLIC WAY PERMIT 19
I L/2't J
U t,lL
Job Name
Start Date
4. Work is for lcircte one)
| -r -.,{,r.-,-- -/}d\ \-
;
-\!./.t,l
3.
1.r,,;i., t',. ;.- rl t,il, ,'ro,..i;,t ctyL 7*,r zq-J."lirlo LllL-14to
-'ExcavatiAg Conlraeior Name Address Phone # TOV Contraclor's License Number
T-f-t,/ r -f 'a1
Completion Dale
G,) sewer
Landscaping
t- |Length
Legal Description
Gas Electric Telephone
Temporary Site Access
Slro€t Address
(Permit Expiration Dale)
CATV Other
Depth 4',5. Trench-width
(min.,4')
7.
/()
o.
8.
Bond Amount $Permit Fee $Total Permit Fee $
ALL MATERIAL EQUIPMENT, AND TRAFFIC CONTROL DEVICES MUST BE ON THE JOBSITE AETbNE TXE
JOB IS STARTED. .
Rubber out-riggers are required on excavating equipment when working on asphalt.
Asphalt surfaces underneath the bucket shall be protected at all times.
A signature below indicates a review of the area and utility locations and approvals. Once all utility company
signatures are obtained, permittee has option of routing application through lhe Public Works office to obtain the
necessary Tovirn of Vail signatures, Please allow one week to proc€ss.
Upper Eagle Valley Water and Sanitation (476-748O)
r)"1-.'lU
Public Service Company (1 -800-922-1 987)
-..+P , i ,-,*ll(-/
g /(.1 PSCO-Natural Gas Group (468-2528)
Holy Cross Electric Company (949-5892)
U.S. West (1 -800-922-1987)
TCI Cablevision of the Rockies (949-5530)
Town of Vail:
lrrigation (479-2161l.
Public Works (479-2158)
7e-2ry't).7t
.t0.
' r-t
9.THERE WILL BE NO TOTAL CLOSURES! A construction traffic control plan must be approved by the
Public Works Department prior to issuance of the permit.
Alf excavation must be done by hand within 18" of utilities - (Senate Bil 172).
Permittee must contact Public Works Department at 479-2158 24 hours prior to commencirq backfill operations.
12.
Failure to notify the Town will result in forfeiture of bond money. Scheduled inspections which are not ready
result in the Town charging the contractor a reinspection fee. . t i
I certify that I have read all chaptels of f itle 1 2 - Streets and Sidewalks, of the Vai Municipq$ode
company agreements, signed by ile, and will abide by the same, and that all utilities have #r no
Date of Signature
ATTACH PLAN OFWORK, INCLUDING CONTRUCTION TRAFFIC CONITROL PLAN
Show streets with names, buildings, and location of .guts. USE DASH LINES FOR CUT.,
Works Yellow - Finance
I t,\l/
"A)
Public
t
"?..t.i- t
rh- rc'THIS IS NOT PUBLIC
While -
\"! *.
PUBLIC WAY PERMIT
'*'o.-\,.. u". '
"i
J.#
}p/'*RMrNo. oo?T57
Contractor'3 copy to bo kept on lobsite.
1427 VAIL VALLEY DRIVE
Nam6 or Locaton of 1.
2.
3.Work is for (circle one)ER GAS ELECTRIC TELEPHONE CABLETV OTHER
E
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d
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Permit Fee
Bill to:
NOHE
uPpER EAGLE VALLBI saNITAtloN D. 846 TOREST RD VIAL' CO 81657 476'7480
D.qiA. JA}IEIL TURNBI'LL Fla.ai.rt !' NONE
rt'ubllc wod(8)
INSPECTION REMARKS:
SKETCH PI,AN OF WORK ATTACHED
.*
*
SJ
$
/
't
.-",_
APPLICATI,ON FOR
TOWN OFVAIL ,
PUBLIC WAY PERMIT 19 I
jr,r,&*GQJ2
Job Name Legal Description Skeet Address
, (. (.,'),./.., ;. . '. ..'/,/
Excavating Contractor Name
, . - ..,,,./
Phone #TOV Contractor's License Numbel
Start Date
4. Work is for {circte one)
.Completion Date
Water Sewer Gas Electric Telephone
Landscaping Temporary Site Access
(Permit Expiration Date)
Other
Depth
cAw
5. Trench-width
(min.4')
Length
Bond Amount $Permit Fee $Total Permit Fee $
ALL MATERIAL, EOUIPMENT, AND TRAFFIC CONTROL DEVICES MUST BE ON THE JOBSITE BEFORE THE
JOB IS STARTED.
Rubber out-riggers are required on excavating equipment when working on asphalt.
Asphalt surfaces underneath the bucket shall be protected at all times.
A signature below indicates a review ol the area and utility locations and approvals. Once all utility company
signatures are obtained, permittee has option of routing application through the Public Works olfice to oblain the
necessary Town of Vail signatures. Please allow one week to process.
Upper Eagle Valley Water and Sanitation (476-7480)
-1 7- );'7 L/
Public Service Company (1 -800-922-1 987)
PSCO-Natural Gas Group (468-2528\
Holy Cross Electric Company (949-5892)
U.S. West (1 -800-922-1 987)
TCI Cablevision of the Rockies (949-5530)
Town of Vail:
fnigation (479-2161)Electricians (47 9-21 7 1)
Publ ic Works (47 9-21 58)7-Jz^s
THERE WILL BE NO TOTAL STREET CLOSURES! A construction traffic control plan must be approved by the
Public Works Department prior to issuance of the permit.
All excavation must be done by hand within 18" ol utilities - (Senate Btll 172).
Permittee must contact Public Works Department at 479-2158 24 hours prior to commencing bacHill operatlons.
Failure to notify the Town will result in lorfeiture of bond money. Scheduled inspections which are not ready may ..
result in the Town charging the contractor a reinspection fee.
I certity that I have read all chapters of Title 12 - Streets and Sidewalks, of the Vail Municipal Code and all utility'
company agreements, signed by me, and will abide by the same, and that all utilities have been notified as required.
.,'/ / ,.1 .,// J/
Contractor's Signature of AgreeEent oate or Signetlre
ATTACH PLAN OF WORK, INCLUDING CONTRUCTION TRAFFIC CONTROL PLAN
Show streets with names, buildings, and location,of cuts. USE DASH LINES FOR CUT.
7.
o
4
10.
11.
12.
'
I
i
:!''r 'l' i'
yt
u f /L' J
THIS IS NOT PUBLIC WAY PERMIT!
White - Publib'Works Yellow - Finance Pink - Community Development Gold - Contractor
\.\-- _ .r-t !-rq --rE'F? Tt -,t. -a-..
PERMITNO. CI02T5O
Contractor's copy to bo kept on lobslte.
e
TOWNOFVAIL
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t
6
d rIxt
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3
2.
3.Work is for (cirdE one)
permitFee 150.00 - Err.L al tfl) or lEAl
s1| 16. P|'DLIC SIIVICE m|P f,t
rRrc TELEPHONE CABLEW,?OTHER rxsEAlrrxc
SfTEACGESS ,4 ,/ /: t ,r/ ly'-7'/fr.-..y +t4.-
(Contracbrb SEndure)
Receipt #:
(Plblic Wort8,(Public Wo.*r)
INSPECTION REMARKS:
SKETCH PIAN OF WORK ATTACHED
--- !tr.:!rtl-l*rir*--L,..3.rte.l..iaa..r..t/i!|-L|.a9!riErr,.rt{at*.iift|.-ls*'{iar*i€..nLB^*,u.,1i{.dr-{|}r^*..-.rian grttl&
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DATE:
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DEPART:
WEATHER:
I{UMBfiF:
A4FaS3 E L.oh|EFi'
CH Etr TO THE
NITH ts]Her (to)- uoa
F'ELD REPORT
PROJBCT:
THE *,A 'FLU€I{ L\IL
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He.puorth.P.aulak Geoiech TEL :303-945-8454 Hug 0 14 :38 No .003 P . 01 894
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clronrocd $!.hr" CO ttOl
3iE:ta&t0cN llc.hL
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14 :40 No .003 P .02
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hx 3fit 9{ttltf
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Rcsidorcc,
. im, obsott Ed trc
\LW to evaluse ts sotls
'wodc ad rccunmcrdatioru for tte
cns d{rfle in nccordntrc ryith
'otlr r$€cdFd fut gffibohal ttnglffiit"Flit0iB b yc|l. dated July 25, 190d.
wilh a sccordmy uuit,
pcf have bem ocutrtd fsr
' , ,, fi1f'lilHh8'ilppqt; rild.ulrilng.r$lltffitrt. lUhX bosn razcd for the rcw
dr excavation arcr hril beEn
r thG adiflcantgmtnd ffu.
When ohscrved on Augurt 1,
pncmlly betwesqS ffd4 fr€t
cotEistcd mrinly of flrm -'".offtetlmtl'*ftb.ffidgnvult lDtt$tfi$tfi up to abour I tnb2 ft€tdccp "::' , "'*S, psffiffqhUpil'wC.0itr .tn l'Rccnttsof scrll{otrtolfilation
comprc$sibh tldcr
rl moictrrc and dcmity and
flom tbe site rrs rtluolrie.t in
mdrhe soilcworsg#rdty
ctd ttF nqtu$ of thc Etrpcrcd
nrilral soil bdow thc old
tdathf pacsrurc of {0m gsf
Pootiugs shwld bc r
2 foet for colrms. Loffi rd
,dCItrftnrcdou, Fadfootbgr
6eotech TEL :303-945-8454 14:41 No.003 P.03
munsulportrd lorrgfr of *,r'filfihddf,rprlb rhould be dsltgild b
unit weight of rt least 45 pcf
dnirr rhould be provlH. to
dthe unlls andprwctrurc@
flmr slrh are!$ ctn oomist of
Plostor dersity at a moiefire
gbould be compactod and
ftptof rhe buildlry.
..:....i,i1$
cil our observilforn of e ioilt
subsurhc€ explorrtion to
ilcptlt of foundation inftucncb. Thir
hrcdmfrc tjlo focragr have equal ot bettcr
may tte grcihtbsn
in fre subrurtirce conditioos. Ia
ordffs r€wll hc'ililrrg indrrittit,d"".{iit{lllllrll'h Ere gubsurfari€ condttionr betow tre
cfics\trion, drllling *ould bc 6e dan obmirrcd by subsnrfrce
in this leiler.
.,.r.:.1
plcasc lct us bnvr.
BE
o
Aug 0
HepuorthPaulak Geotech TEL:303-945-8454 Hug 08 94 14 :43 No .003 P .04
He u0rthPaurlak Geotech TEL :303-945-8454 Aug 08 94 14 :45 H0 .003
.,...' -..
. [:'r
,
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HepuorthParrrIak Geotech TEL :163-945-9454 Hug 08 94 o
S0fil lltud I Ff
14 :46 No . 003 P .06
Glaowuud Sptlagp, S NIfl ll
Frx 3{li t4s-rul
Ptrrnc itllil94l'?!IS
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5020 Road
Glenwood
Ffupwoxrrr-
August 8, 1994
Gary Bossow
P.O. Box 5055
Vail, Colorado 81658
EOTECTINICAT,, INC.
c&4
154
Spriryr, CO 81601
Fax 303 94$8454
Phone 303 9,1$7968
Job No. 194368
Subject:Observation of Excavation, Propose
Drive, Vail, Colorado.
Gentlemen:
As requested, a representative of Hepworth-Pawlak Geotechnical, Inc. observed the
excavation at the subject site on July 27 and August 2, 1994 to evaluate the soils
exposed for foundation support. The findings of our work and recomnendations for the
foundation design are presented in this report. The work was done in accordance with
our agreement for geotechnical engineering services to you, dated July 25,1994.
The residence will be a2 ll2 story wood frame structure with a secondary unit.
Footings sized for a maximum bearing pressure of 2,000 psf have been assumed for
building support. An existing residence on the lot has been razed for the new
construction.
At the time of our initial visit to the site, the lower, north excavation area had been
completed and cut in one level from 3 ll2to7 feet below the adjacent ground surface.
Excavation in the upper, western area was in progress. When observed on August 2,
the western excavation had been cut in multiple levels generally between 3 and 4 feet
deep. The soils exposed in the bottom of the excavations consisted mainly of firm
clayey sand with scattered gravel. Debris and old fill up to about I ll2 to 2 feet deep
was apparent in the upper west excavation cut faces. Results of swell-consolidation
testing performed on a sample taken from the lower northeastern excavation area,
shown on Fig. I, indicate the soils are slightly to moderately compressible under
conditions of loading and wetting. The results of natural moisnrre and density and
gradation analysis testing performed on samples taken from the site are summarized in
Table I. No free water was encountered in the excavations and the soils were generally
moist.
Considering the conditiors exposed in the excavations and the nature ofthe proposed
construction, spread footings placed on the undisturbed natural soil below the old
building debris and fill designed for an allowable soil bearing pressure of 2,000 psf
should be adequate for support ofthe proposed residence. Footings should be a
minimurn width of 16 inches for continuous walls and 2 feet for columns. Loose and
disnrbed soils and the existing fill encountered at the foundation bearing level within
the excavation should be removed, The exposed natural soils should then be compacted.
Exterior footings should be provided with adequate soil cover above their bearing
elevations for frost protection. Continuous foundation walls should be reinforced top
Gary Bossow
August 8, 1994
PageZ
and bottom to span local anomalies such as by assuming an unsupported length of at
least 12 feet. Foundation walls acring as retaining structures should be designed to
resist a lateral earth pressure based on an equivalenl fluid unit weight of at least 45 pcf
for on-site sand soil as baclCill. Perimeter foundation drains shouid be provided to
prevent temporary buildup of hydrostatic pressure behind the walls and prevent wetting
ofeach below grade level. Structural fill placed within floor slab areas can consist of
the on-site soils compacted to at least 95% of standard Proctor densrty at a moisture
content near optimum. BaclcFrll placed around the structure should be compacted and
the surface graded to prevent ponding within at least 10 feet of the building.
The recommendations submitted in this letter are based on our observation of the soils
exposed within the foundation excavation and do not include subsurface exploration to
evaluate the subsurface conditions within the loaded depth of foundation influence. This
study is based on the assumption that soils beneath the footings have equal or better
support than those exposed. The risk of foundation movement may be greater than
indicated in this report because ofpossible variations in the subsurface conditions. In
order to reveal the nature and extent of variatioru in the subsurface conditions below the
excavation, drilling would be required. It is possible the data obtained by subzurface
exploration could change the recommendations contained in this letter.
If there are any questions or if we may be of further assistance, please let us know.
Sincerely,
HEPWORTH - PAWLAK GEOTECHNICAL. INC.
%*/
Steven L. Pawlak,
Rev. By: DEH
SLP/ro
Attachments
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(chapter 17 .24 Vail Municipal code[Q\/. (,UtVltVf, Ut
APPLTCATION FOR
DUPLEX SUBDIVISION REVTEW
:\/. ljE,PT
(PLEASE PRINT OR TYPE)'A. APPLICANT Charles David SmiEh
MAILING ADDRESS 1213 Cheshire Lane, Rocky Mount, NC 27804
pHONE 9L9-937-6736
tt APPLICANT' S REPRESENTATIVB Jay K. Peterson
ADDRESS Suite 307, 108 S. FronEage Road West pHONE_ft:0092
Vail. Colorado 81657
PROPERTY OWNE Charles David Smi th
owl[ER's sr PHONE 9L9 -937 -67 36
MAILING ADDRES Cheshire Lane, Rocky Mount ' NC 27804
D.LOCATION OF PRO OSAL:
STREET ADDRESS 1367 vai-L Vallev Drive
LOT 5 BLOCK 3 SUeOfVfglgp Vail Valley FILING First
APPLICATION FEE $].00. OO
MATER]ALS TO BE SUBMITTED:
PAID CHECK # s532
Two myJ-ar copies and one paper copy of the subdivision plat shal1 be submitted t.o the Department of Community Development. The plat shatl include the following:
ct-The final plat shall be drawn by a registered surveyor in India ink, or other substantial solution, on a reproducible medium (preferably
myl-ar) h'ith dimension of twenty-four by thirty-six inches and shall be at. a scale of one hundred feet Lo one inch or larger wiLh margins of one and one-half t.o two inches on the left. and one-half inch on all other si-des.
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 common uses and other import.ant features. A1I curves shall be circular arcs and shall be defined by Lhe radius, central angle, are scored distances and bearinq. Alt dimensions, both linear and angular, aie to be determined by an accurate control survey in the field which must balance and close withi-n a limit.of one in t.en thousand.
!'!
d.
North arrow and graphic scal-e.
A systematic ident.ification of all existinq and proposed buildings, units, IoLs, blocks, aid names for aLl sLreets.
An identificat.ion of the st,reeLs, alleys, parks,and other public areas or facilities as shown on the plat, and a dedication theteof to the public use. An identificat.ion of the easements as shown on the plat and a grant thereof to the public use.Areas reserved for future publlc acqulsltlon shall also be shown on t,he plat. i,
A written survey description of $. ur.. includinq the total acreage to the nearest appropriat.e significant figure. The acreage oi eatn lot or parcel shall be shown in Ehis manner as well.
e.
PARTYWALL AGREEMENT AND
DECLARATION OF
covENANTS, CONDITIONS AND RESERVATIONS
FOR
LOT 5, BLOCK 3, VAIL VALLEY,
FIRST FILING, ACCORDING TO THE PI"AT RECORDED
MAY 12, 1970 IN BOOK 217 At PAGE 609,
couNTy OF EAGLE, STATE OF COTJORADO
RECITALS
charles David smith, (hereinafter referred to as fiDeclarantr') is the owner of the rear property situate in the county of Eag1e, state of Colorado, described as Lot S, Bl-ock 2, VaiI Valley, First Filing,according to the Pl-at recorded May 1-2, 1970 in Book 217 at page 60i,county of Eagre, state of colorado, subject to the restrictions set forth in the attached Exhibit "A" (t'Subject Property").
Decrarant has constructed on the subject property a building consisting of two units, each designed and intended for use and occupancy as a residential dwelling Unit, which are sometines referred to herein separately as ttUnitrr or collectiveLy as rrUnitsn.
within the unit on the west parcel, is a Type rr Employee Housing unj-t, which is subject to the restrictions set forth in parlgraph 7 of Exhibit rrArr.
DECI,ARATION
Declarant does hereby publish and dec.lare that the following terrns,covenants, conditions, easements, restrictions, use, reservations,limitations and obrigations shall- be deerned to run with the land described herein, shalI be a burden and a benefit to Decrarant, his personal representat ives , heirs, successors and assigns and any person acquiring or owning an interest in the real property which is desLribed herein and. improvements built thereon, his girantees, personal representatives, heirs, successors and assigns.
1. DEFINITIONS. Unless the context shall expressly provide otherwj-se, the following terrns shaII have the following meaning!:
A. rrThe Properties'r means aIl of the real_ estate 1ega1Iy described as Lot 5, Block 2, Vail Valley, First Filing, according to tne Plat recorded May 12, 1970 in Book 217 at page 609, County of Eagle,State of Colorado.
B. rtl,otrr, trBuilding Sitett, or rtparcel, means East parcel or West Parcel as shown on the Map.
c. rrDuplextt or ttBuildinqt means the two contiguous dwelling units constructed upon the Parcels or Lots.
n
lrDuplexrl
ltunit'r means any one of the two dwellings conprising the
E. rrownerrr means a person, persons, f irm, corporation,partnership or association, or other legal entity, or any cornbination thereof, owing an interest in the parcels.
F. "Map" means the engineering survey of the properties by Stan Hogfeldt, cororado P.L.s. 26899, entitled Final plat, a Resubdivision of Lot 5, Block 2, Vail Valley, First Fiting, Eagle County, depicting and locating specificity thereon the Lots, recorded on
--,
L996 in Book
-
at Page _ and is hereby subnitted to this oectaration.
G. rrAssessmentrr neans any periodic or one time charge to cover the cost of any expense or charge that becomes due and owing by virtue of this Declaration.
H. rrcommon Arearr means the Common parcel as shown on the Map which shalL be owned eguarly by both of the owners of the East parcel
and west Parcer each having an equar undivided one-harf interest as Tenants in Common in and to the Common parcel .
2. DESCRIPTfON AND RESERVATION. Every Contract of Sa1e, Deed,Lease, Mortgage, Trust Deed, will or other instrurnent sharl legally describe a Unit or real property interest as fol_lows:
East Parcel and west Parcel (as the case rnay be), together with an undivided one-half (1122) interest in the Common ParceL, actording to the Final P]at, a Resubdivision of Lot 5, Block 3, Vail Valley; First Filing, Eagle County, Colorado recorded on in Book
_ at Page _, County of Eag]e, State otffi
Every such description sha1l be good and sufficient for arl purposes to seIl, conveyr transfer, encumber or otherwise affect the Parcels and aIr appurtenant rights, benefits, and burdens thereto as created by the provisions of this Declaration, and each such description shalr be so construed. Thj-s provision shall apply to the propertiis as said term (the Properties) is defined in this OeC1aration.
3. PROPERTY DIVISION.
A. DecLarant hereby establishes this pJ.an for the subdivision of the Properties into Three (3) Parcels for ownership in fee sinple by the owners of the East Parcel and the west Parcer. The owner of the East
Parcel and the owner of the West Parcel shall be co-owners of the Cornmon Parcel, which commonly owned property is defined and referenced as connon Area .
B. East Parcel and West Parcel- shaLl be subject to the easemencs noted on the rnap and those set forth herein.
C. In the event the East Parcel and the West Parcel are owned by the same entities, the doctrine of nerger shall not apply.
D. The East Parcel and the west parcer shalL have appurtenant thereto an undivided one-haIf (L/2) interest in the common partet, which shal-l be inseparable from the East parcel and the west parcel , and may be conveyed, leased, devised or encumbered onry as such undivided and appurtenant interest.
E. No owner sharr bring any action for partition or division of the East Parcel or the west parcel or of said parcels fron their appurtenant undivi-ded interests in the connon parcel or from the easements as set forth in paragraph 4 below.
F. The parties, if more than one, having the Ownership of a Parcer shall agree among themserves how to share the riqhts and obligations of such ownership; provided, however, that if a cortrioration,partnership, assocj-ation or other legal entity sharr become an owner or the parties, if more than one, have the concurrent ownership of a Parcel-, then such entity or concurrent owners shaI1 from tirne Lo tirne designate one individual who sha1l represent such entity or concurrent owners in alt matters concerning all rights and obligations pursuant to this Declaration.
G. Any such entity or concurrent owners shalI give written notice to the other owner designating the individual to act on its or their behalf and such notice shal1 be effective until revoked in writing by guch entity or owners. Any act or ornission by such designated individual shall be binding on the entity or ownerJ having desilnated him in favor of the other owner or any' other person who may rely thereon.
H- Each Lot shall be considered a separate parcel of rear property and shaLl be separately addressed and taxed.
4. ENCRoACHMENTS. rf any portion of East parcer or west parcel
now encroaches upon the other Parcel or the Common Parcel as a result of the construction of any building, or if any such encroachment shalr occur hereafter as a result of settling or shifting of any buiJ_ding, a val-id easenent for the encroachment and for the maintenance of the same so rong as the building stands, sharr exist. rn the event any buirding shall be partially or totally destroyed as a result of fire or other casualty or as a resul-t of condemnation or eminent domain proceedinos
and then rebuilt, encroachments of parts of the building on the other Parcel , due to such rebuilding, shal1 be permitted, so rong as such encroachments are of no greater extent than those previousJ-y existing,and val-id easements for such encroachnents and the maintenance thereof shall exist so long as the building shall- stand.
5. PARTY WALL.
A. The connon watl placed egually divided on the comnon boundary separating the East Parcer and the west parcel , the footings underrying and the portion of roof over such h/al1 are collectively referred to herein as the ttParty Wallrt
B. To the extent not inconsistent with this Decl_aration, the general rufes of 1aw regarding party warl-s and liability for damage due to negligence, willful acts or omissions shalt apply to the party Wall.
C. The owners of either Parce1 sha11 have a perpetual easement in and to that part of the other Parcel on which the Party WaIl is located,for party wa11 purposes, including mutual support, maintenance, repair and inspection. rn the event of damage to or the destruction of the Party Wall frorn any cause, then the Owners sha1l at joint expense in shares set forth in paragraph 8 below, repair or rebuild said party
wa11, and each owner, shal1 have the right to the full use of said party wall- so repaired and rebuilt. Notwithstanding anything contained above to the contrary, if the negligence, willfu1 act or omission of any owner, his famitry, agent or invitee, shall cause damage to or destruction of, the Party wall, such owner sha1l bear the entire cost of repair or reconstruction (to the extent that such damage is not covered by insurance), and an Owner who by his negligent or wil-Iful act causes the Party Wal-1 to be exposed to the elements shall bear the fuLl cost of furnishing the necessary protection against such elements.
6. I"ANDSCAPING, SERVICE FACILITTES, DRIVEWAYS AND WALKWAYS.
A. The Owners from tirne to tirne shall undertake such landscaping and general outdoor irnprovernents including: but not limited to driveway and parking areas as they may rnutually and unanimously deem proper for the harmonious inprovernent of both Parcels in a common theme, and,except for any expense or liability caused through the negligence or willful act of any owner, his family, agent or invitee, which shall be borne solely by such Owner, each Owner shal1 share al] expenses,riabilities and generar upkeep responsibilities with respect to such landscaping and outdoor irnprovements according to the ratios set forth in paragraph B below. The Owner of one Unit shall not unreasonably
damage the value of either Parcel by withholding consent or payment for
needed maintenance or repair hereunder, and both Owners shall make all reasonable efforts to preserve a harmonious common appearance of the Units and Parcels.
B- common utility or service connections or 1ines, comnon facirities or other eguiprnent and property located in or on either of the Parcels but used in conmon with the other parcer, if any, shal-r be owned as tenants in common of equat undivided one-half interests by the owners of each Parcer and, except for any expense or riabirity caused through the negligence or witlful act of any owner, his faniry, Lgent or invitee, which shart be borne sorery by such ovrner, all expensts and liabilities concerned with such property shall be shared in the proportions set forth in paragraph 8 betow. The owner of the parcer on which such property is not located shall have a perpetual easement in and to that part of such other parcer containing such property as is reasonably necessary for purposes of naintenance, repair, and inspection.
c- cornmon Access is provided across a porLion of the common Parcel . There is hereby created a reciprocal easement and right-of-way for each owner over, across and through that part of the irnproved driveway located on a part of the common parcer to the line sEtting forth 'lParking Area West Parcelrr and rrParking Area East Parcelrr as set forth on the Map (ttcollectively referred to as rtparking Areasrr). The Owners shall have an equal right to the use of such driver,iray up to the Parking Areas, and no owner shal} hinder or perrnit his invitees to hinder the use of that area by the owner and his invitees. The parking
Area West Parcel shal-I be for the exclusive use by the Owner of the West Parcel, and the Parking Area East Parcel shall be for the exclusive use by the owner of the East Parcel. Maintenance, repair or irnprovements of the driveway and Parking Areas sha11 be undertaken as set forth in paragraph 6.A above.
7. ALTERATION, MAINTENANCE AND REPATRS.
A. In addition , to rnaintenance provided for in paragraph 6.A.,the owners shall pay their proportionate share as allocated in paragraph B of the total cost aLlocated to each parcel, in order to provide exterior maintenance and exterior repair upon the Uni-ts and all portions of the common Parcel , incruding the Parking Areas, and of the parcel
upon which each Unit is located including, but not lirnited to, the exterior waLls and the roof housing the units. Repair, replacenent or cleaning of the exterior window glass shall be considered interior naintenance. snow rernoval of any walkway or sidewark, which is not heated, shall be at the sole expense of such owner using such walkway or sidewalk. snow removal of the driveway is not anticipated because of a snow. mert system. rf the need for repair is caused through the negligence or wi1lful act of any owner, his family, agent or invitee,such owner shall bear the entire costs of such repair or reconstruction (to the extent that such danage is not covered by insurance). Both Units must be painted at the same time and with the same materials and no exterior rnodifications shal1 be made with the character of the building without unanirnous approval of both parties. The owner of one Parce] shall not unreasonabry damage the varue of either parcer by
o
withholding consent or payrnent for needed maintenance or repair hereunder, and both owners shalL make all reasonabl-e efforts to preserve a harmonious common appearance of the Units and parcels.
B. Each Owner shaLl" be solely responsible for maintenance and repair of the interior of his Unit including fixtures and irnprovements and all utility lines and equipment located therein and serving such Unit onIy. In performing such maintenance and repair, or in irnproving or altering his Unit, no Owner shalL do any act or work which'inpairs the structural soundness of either Unit or the party WaIl, or which interferes with any easement granted or reserved herein.
C. Utility or service connections or lines, facilities or other utility equipment and property located in, on or upon either of the Parcels, which are used sole1y to supply a service or utility to one Unit shall be owned by the owner of the Unit using such utility or service and all expenses and liabilities for repair and maintenance or use of such utility shall be borne solely by the Owner of such Unit, who shall have a perpetual easement in and to that part of such other Lot or Unit containing such property as is reasonably necessary for purposes of rnaintenance, repair and inspection.
D. No owner shaLl make or suffer any structural or design change (incJ-uding a color scheme change) , either permanent or temporary and of any type or nature whatsoever to the exterior of his Unit or construcc
any additionaL building structure of any type or nature whatsoever upon any part of his Lot, or upon the Common Parcel , without first obtaining the prior written consent thereto from the other Owner, such consent shall not be unreasonably withheld. In case of damage or destruction of
any Unit or any part thereof by any cause whatsoever, the Owner of such Unit shall cause with due diligence the Unit to be repaired and restored, applying the proceeds of insurance, if any, for that purpose.
Such Unit sha1l be restored to a condition conparable to that prior to the damage and in a harmonious manner to promote the common therne of both Parcels.
8. ALLOCATION OF EXPENSES. Cosls and expenses
whose cost is anticipated to be shared by both Owners,by negligence of willful act of an Owner, sha1l be following proportions :
of a1I activities
except as caused allocated in the
East Parcel"
West Parcel
50?
50?
i
9. MECHANIC,S LIENS: INDEMNIFICATION:
A. Except for itens incurred as a common expense as provided for herein, if any owner sharl cause any material to be furnished to his Parcel or unit (including the common parcer) thereon or any labor to be perforrned therein or thereon, the other owner sharl not under any circumstances be l-iable for the payment of any expense incurred or for the value of the work done or rnaterj.al furnished; aII such work shall be at the expense of the owner causing it to be done, and such owner shalr be so1ely responsible to contractors, laborers, materialrnen and other persons furnishing labor or materials to his Parce1 or any improvements therein or thereon; nothing herein contained shaLl- authorize either owner or any person dealing through, with or under either owner to charge the unit of the other owner with any mechanicrs lien or other ]ien or encumbrance whatever; and, on the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kinl against one owner or against one owner,s parcel for work do--ne or nateriars furnished to the other owner,s parcer is hereby expressly denied.
P. Except as provided for be1ow, if, because of any act or omission of any owner, any rnechanic's or other rien or ordei for the paynent of money shall be filed against the other owner,s parcel or any improvements therein or thereon or against any other Owner (whether or not such lien or order is valid or enforceabLe as such), the owner whose act or ornission forrns the basis for such lien or order shall at his own cost and expense cause the sane to be cancel-led and discharged of record or bonded by a surety company reasonably acceptable to such other Owner,within 30 days after the date of filing thereof, and further shall indennify and save the other owner harrnless from and against any and all costsf expenses I craims, losses or damages, incruding reasonable attorney's fees resulting therefrom.
10. INSURANCE.
A- Each owner shalr keep his unit and all fixtures therein insured against loss or damage by. fire and extended coverage perils (including vandalisrn and rnalicious mischief) for the maxirnum replalernent value thereof. Any owner may on 30 days, written notice, but not more frequently than once every three years, obtai-n a written estimate of the replacement cost of the Units by a licensed contractor, and the cost of such estimate shaLl be split between the owners on a 5o/5o basis.
Such contractor sha1l be a disinterested and independent third party who is unrerated in any manner to either owner whether through joint
business adventures or otherwise.
B. Each owner shall provide and keep in force, for the protection of hirnself, generar pubric liabirity and property damage insurance against craims for bodily injury or death or property aarnage occurring in, on or upon, his Parcel owned in fee sirnple and the improvements
o
thereon, in a lirnit of not l-ess than g5oo,ooo.oo in respect of bodily injury or death to any nunber of persons arising out of one accidenr or disaster, or for damage to property, and if higher lirnits shaLr .t ".ry time be customary to protect against possible tort riability, such higher limits shall be carried.
C. Each Owner shall deliver to the other Or^/ner certificates evidencing all insurance required to be carried under this paragraph,each containing agreements by the insurers not to cancel or inoaiiy tne policies without giving the other owner written notice of at lea3t :o days. Eash o\^rner shaLl- have the right to inspect and copy a1r such insurance policies of the other owner and require evidefrte of the payment of prerniurns thereon.
D. Nothing provided in this paragraph shall prevent the owners frorn jointry acquiring a single policy to cover any one or nore of the hazards required in this paragraph to be separately insured against by each Owner.
E- A11 insurance policies obtained by either owner shalr expressly waive all rights of subrogation as against all other Owners and their respective fanilies and invitees.
1L. DESTRUCTION OF fMPROVEMENTS oN parcel.
A. In the event of damage or destruction to a Unit by fire or other disaster, the j-nsurance proceeds if sufficient to reconstruct the unit shal1 be deposited into a bank account which requires, for withdrawals, the signatures of both the owners, or disbursed directry by the insurance carrier. The owners shall then promptly authorize the necessar.y repair and reconstruction work and the insurance proceeds will be apptied by the owners to defray the cost thereof. rrRepair and Reconstructionrr of units, as used in paragraph 11.A and Ll-.8 herein,means restoring the improvements to substantially the sane condition in which they existed prior to the damage with each unit having the same boundaries as before.
B' rf the insurance proceeds are insufficient to repair or reconstruct any damage to a Parcel or the improvements constructed thereon, such darnage or destruction sharl be prornptry repaired and reconstructed by the Owner using the insurance proceeds and the proceeds of an assessnent against the owner(s) of the danaged parcel(s). such assessment shall- be equal to the amount by which the cost of reconstruction or repair exceeds the sum of the insurance proceeds arlocabLe to such Parcel. such Assessment shall be due and payabre thirty (30) days after the determination of the difference between the cost of reconstructj-on and repair and insurance proceeds and aLl such funds shalL be deposited and disbursed pursuant to paragraph 11.A.
'-1
c- The owners sharr rnaintain adequate casuarty and public liability insurance on the common parcel by inclusion in iis pority set forth in paragraph 10.A or in the alternative both owners rnay agree to maintain.a separate policy for such purposes and each owner,-stritl pay the premiurns therefore in the proportions set forth in paragraph I above. In the event of darnage or destruction to all or a poition oi tne common Area due to fire or other disaster, the insurance proceeds shall be applied by the oh/ners to such reconstruction and repair. rf the j-nsurance proceeds with respect to such common erea ' damage or destruction are insufficient to repair and reconstruct the darnaged or destroyed common Area, the owners shall pass a special assessrnent. The owners shal1 make such assessment and proceed to make such repairs or reconstruction. The assessrnent as to each owner sharr be in the proportions set forth in paragraph 8 above. such Assessment sha11 be due and payabre not sooner than thirty (30) days after written notice thereof. The assessment provided for herein shall be a debt of each ov/ner and a l-ien on his Parcel and the inprovements thereon and nay be enforced and colrected by foreclosure proceedings in the courts.
D. If the Owners of the East Parce1 and the West Parcel and the holders of first mortgages or beneficiaries of first deeds of trust on the East Parcel and the west parcel unanimousty agree not to repair or reconstruct damage or destructi-on to the East Parcel or the West parcel the Property shaIl be sold and the proceeds shall be divided as agreed to at the tine of the agreernent not to rebuil"d by the owners of the East Parcel and the west Parcel and the holders of first mortgages and beneficiari-es of first deeds of trust on the East Parcel and the West Parcel (the "Each owner's share of proceedstt ) . Each owner, s share of Proceeds shalf be disbursed as follows:
1. for payrnent of taxes and special assessnent liens in favor of any assessing entity and customary expenses of sale;
2. for payrnent of the bal_ance of the lien of any first mortgage or deed of trust;
3. for payrnent of a4y suns due under this Declaration;
4. for payment of junior liens and encunbrances in the order of and to the extent of their priority; and
5. the balance renaining, if any, shall be paid to the respective Owners.
L2. RIGHT TO LIEN.
A. If an Owner, at any time, shal1 neglect or refuse to perform or pay his share of any obligation required hereunder, the other owner may, but shal1 not be obligated to, after 30 days written notice unress the circumstances require irnrnediate action, nake such payment or, on
beharf of such gtheq owner, expend such sum as may be necessary to perform such obrigation including, but not rimited to, the payment of any insurance prerniums required hereunder or the undertaking ot -any wort<required hereunder for repair, restoration or maintenanje, and' such other owner shall have an easement in and to that part of such defaultiTg owner's Parcel as is reasonably necessary foi such repair,restoration or maintenance .
B. A11 sums so paid or expended by an Owner, with interest thereon at the rate of l-B percent per year from the date of such payment or expenditure, shall be payable by the owner so failing to perforrn- (the lrDefaulting Ownerrt) upon demand of the other Owner.
c. All- sums so demanded but unpaid by the defaulting Owner shall constitute a lien on the Parcel of the Defaulting owner in favor of the other owner prior to all other liens and encumbrances, except: (i)liens for taxes and special assessments; and, (ii) the rien of iny first nortgage or first deed of trust of record encumbering such parcel . The lien shall attach from the date when the unpaid sun shall becone due and
may be foreclosed in rike manner as a mortgage on real property upon the recording of a notice or clain thereof executed by the -llondefiulting
owner setting forth the arnount of the unpaid indebtedness, the name of the Defaulting owner, and a description of the unit. rn any such foreclosure the Defaurting owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorneyrs fees.
D- The lien provided for herein sha11 be subordinate to the lien of any first nortgage or deed of trust, including all additional_advances thereon. .Sale or transfer of either Parcel as the result of court foreclosure of a mortgage, foreclosure through the pubric trustee,or any proceeding in lieu of foreclosure, shal1 extinguish the lien of such assessments as to payrnents thereof which become due prior to such sare or transfer, but shall not relieve any former owner of personal riability therefor. The mortgagee of such parcel- who acquires titre ry way of foreclosure or the taking of a deed in lieu thereof, sharl not however, be liable for any past due assessnent and shaLl onry become riable for future assessnents on the date it beeomes the owner or is entitled to become the Owner of such Parcel . No sale or transfer shall reLieve such Parcel- from liability for any assessments thereafter becoming due or frorn the lien thereof. rn the event of the sale or transfer of a Parcel with respect to which sums shall be unpaid by a Defaulting owner, except transfers to a first rnortgagee in cbnnection with a foreclosure of its lien or a deed in lieu there-of, the purchaser or other transferee of an interest in such parcel shall be jointly and severalry liable with the seller or transferor thereof for any such unpaid sums.
E. Upon written reguest of any Owner, mortgagee, prospective
rnortgagee, purchaser or other prospective transferee of a parcel , the Owner of the other Parcel shal-t issue a written statement setting forth
10
-']
the amount he is owed. under.this paragraph, if any, with respect to such unit. such staternent is binding upon the executing owner in favor of any person who may rely thereon in good faith. unress a request for such statement sha.Il" be cornplied wittr- within fifteen days aftei receipt thereof, all unpaid sums which becane due prior to the date of naki-ng such request shall be subordinated to the lien or other interest of the person requesting such statenent.
13. USE RESTRICTTONS.
A. Each Unit' shalL be restricted to a residential dwelling as a pernitted use, and conditionar and accessory uses as defined by the Town of Vail Zoning Ordinances.
B- No exterior mounted radio, shortwave, television or other type of antenna whatsoever or tank of any kind, either erevated or buried, or clothesline or incinerator of any kind whatsoever or outside storage of any personal property shall be permitted or rnaintained on either parceL without the prior written approval of both Owners.
c- No animars shall be kept or naintained in, on or upon either unit, except that each owner may keep and maintain wittrin nis unit domesticated anirnalsi provided, however, that such domesticated animals are kept under contror at alr times, do not present a nuisance to the other owner, and are kept controlled in strict cornpliance with aI1 Town of VaiL ordinances that may apply to such animals.
D. Parking on either parcel of boats, trailers, campers, notor homes, ATVs or recreational vehicres is expressry prohibiied, unress Iocated within an Owner,s garage.
E. No "time shari-ngtt, "interval- Ownershipr or similar interest,whereby ownership of a unit is shared by owners on a time basis, sharl be established on either Parce1 rvithout the prior written approval of both owners and all lienors holding a first mortgage or first deed of trust of record on any portion of the East parcel or the west parcel,
which approval shaJ-l be reflected in a document of record.
F. The owners understand and agree that potential developrnent rights may exist under present or future Town of Vail regulations that rnay permit expansion of the units, which developrnent rights have not been utilized to date. The owners of the East parceL and the west Parcel sha11 be deemed to have excrusive ownership of any rights as currently are bej-ng utilized by their respective Parcels. llo exercise of any development rights not utilized to date shal1 be rnade by one owner without first obtaining the written consent of the other Owner,which consent shalr not be unreasonably withheld. The other owner,before giving written consent, shall be entitled to review the
deveJ-opment plans and any blueprints or surveys prepared in connection with the developrnent plans. The Owner of the East Parcel shall have the
11
exclusive right to the use of 50? of the Development Rights which have not been utilized to date and 5oz of al-r future DevJlopnent Rights allowed by the Town of Vail except as set forth below. The owner of the west ParceL shall have the exclusive right to the use of 50% of the Development Rights which have not been utilized to date and 50? of a1l future Deveropment Rights aLlowed by the Town of Vail except as set forth below. under current rown of Vail regulations there may exist certain developrnent rights because a structure is more than five (5)years old. Any rights obtained under such regulation or any future rrlike-typett of regulation shaLl belong solely to the Owner of that Parcel. If either Owner exceeds his development rights, without the consent of the other owner, and because of this the other owner is not allowed to uti-1ize his ful1 development rights, the excess development shalI be removed by the owner thereof imrnediately upon the dernand of the other Owner.
1'4. NOTICE. Each Owner shall register its rnailing address with the other owner and all notices or demands intended to be served upon
Owners shal1 be sent by certified rnail, postage prepaid, addressed in the name of the Owner at such registered rnailing address. In the alternative, notices may be delivered if in writing, personally to
Owners.
15. DURATION OF DECLARATION. Each provision contained in this Declaration which is subject to the laws or rules sometimes referred to as the rule against perpetuities or the rule prohibiting unreasonable restraints on alienation shall continue and remain in full force and effect for the period of 21 years following the death of Charles David Smith and his living issue, or until this Declaration is terrninated as hereinafter provided, whichever first occurs. A11 other provisions contained in this Declaration shall continue and remain in fuLl force and effect until January lf 2026 A.D. I and thereafter for successive periods of 10 years each; unless at Least 1 year prior to January 1,
2026 A.D., or at least 1 year prior to the expiration of any such 10 year period of extended duration, this Declaratior is terminated by recorded instrument, dj-recting termination, signed by all Owners and at1 Lienors holding a first mortgage or first deed of trust of record on any portion of the East Parcel or the West Parcel .
16. AMENDMENT OR REVOCATION. This Declaration may be amended or revoked only upon unanimous written approval in recordable form of all owners and aII lienors holding a first nortgage or first deed of trust of record on any portion of the East Parcel or the West Parcel .
1'7. EFFECT OF PROVISIONS OF DECLARATION. Each provision of this Declaration and Agreement, promise, covenant and undertaking to cornply wi-th each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate
any provision of this Declaration: (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in
",,,1
l2
any portion of the East Parcer or the west parcer is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shaIl, by virtue of acceptance of any right, title or interest in any portion of the East Parcel or the west parcef by an
Owner, be deemed accepted, ratified, adopted and declared as a personal
covenant of such owner and, as a personal covenant, sharl be binding on such owner and hls heirs, personal representatives, successors and assigns; and shall be deemed a personal covenant to, with and for the benefj-t of each Owner of any portion of the East parcel or the West Parcel-i and (iii) sha1l be deened a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude,running, in each case, as a burden with and upon the title to each and every portion of the East Parcel and the West parcel .
18. ENFORCEMENT AND REMEDIES.
A. Court Proceedinqs. Each provision of this Declaration shal1 be enforceable by any Owner by a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover damages. If court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party sha1l be entitled to recover its costs and expenses in connection therewith, incJ-uding reasonabl-e attorney fees.
B. Venue of Court Actions. Each Owner hereby agrees that any and all actions in equity or at law which are instituted to enforce any provision hereunder sha11. be brought in and only in the District Court of Eagle County, State of Colorado.
c. Waiver. Failure to enforce any provision of this Declaration shal1 not operate as a waiver of any such provision, the right to enforce such provision thereafter, or of any other provision of this Declaration.
19. EXERCISE OF RIGHTS. Any exercise of any right granted
hereunder by one Owner with respect to the other Owner,s Unit including but not linited to the use of any easement gra5rted herein shall be exercised in a manner which sharl not unreasonably hinder, impede or
impose upon such other Owner's use of his Unit.
20. SUCCESSORS AND ASSIGNS. Except as otherwise provided herein,this Declaration sha11 be binding upon and sha1l j-nure to the benefit of each Owner and the heirs, personal representat ives, successors and assigns of each.
2I. SEVERABILITY. Invalidity or unenforceability of any provisions of thls Declaration in whol-e or in part sha1l not effect the validity or enforceable part of a provision of this Declaration.
13
o
22. cAPTIoNs. The captions and headings in this instrument are for convenience .only and shall not be considered in construing any provisions of this Declaration.
23. coNSTRUcrroN. when necessary for proper construction, the mascurine of any word used in this oeclarition sharL include the feninine or neuter gender, and the singular the plural and vice versa.
IN WfTNESS WHEREOF Declarant has executed this Declaration this day of , L996.
CHARLES DAVID SMITH
STATE OF COI.oRADO )) ss.
couNTY oF EAGLE )
Subscribed and sworn to before rne this _ day of by Charles David Snith.
Witness ny hand and officiat seal
My commission expires on:
, L996
Notary Public
L4
CONSENT OF HOLDER OF DEED OF TRUST
The undersigned holder of a certain deed of trust upon the properEy covered by this Declaration and partywarl Agreenent, recorde-d on september 27, 1994 in Book G51 at page 84 of the records in the office of the Eagre county, colorado, clerk and Recorder, hereby consents to the foregoing Declaration and Partywall Agreement and subbridinates its interest in the property described therein-to the right,s and obligations created hereby. Notwithstanding such consent and subordination, ltt tne rights of Decrarant in and to such property sharr remain encumbered by such deed of trust.
(sEAL)
STATE OF COLORADO
COUNTY OF EAGLE
The foregoing
of
President of Weststar
Witness my hand
WESTSTAR BANK (formerly
VAIL BANK)
President
instrurnent was acknowtedqed before ne this
, l-996 by AS
Bank.
and official seal .
By:
ss.
day
My Comnission expires on:
Notary Pub1ic
L5
EXHJBIT rtArl
TO PARTYWALL AGREEMENT AND DECI.,ARATTON OF COVENANTS,
CONDITIONS AND RESERVATIONS FOR
LOT 5, BLOCK 3, VAIL VALLEY,
FIRST FILING, ACCORDING TO THE PI"AT RECORDED
MAY 12, t97O rN BOOK 2t-7 AT PAGE 609,
COUNTY OF EAGLE, STATE OF COLORADO
Taxes or assessrnents not yet due and payable and
assessments not yet certified to the Treasurerrs office.special
Right of proprietor of a vein or lode to extract and remove his ore therefrorn should the same be found to penetrate or intersect the premises as reserved in United States patent recorded June 29,1903, in Book 48 at Page 495.
Right of way for Ditches or Canal"s constructed by the authority of the united states as reserved in united states patent recorded iune 29, 1903, in Book 48 at Page 495.
Restrictive covenants which do not contain a forfeiture or reverEer clause, but onitting restrictions, if any, based on race, color,religion, or national origin, as contained in fnstrument recorded April 13, 1970, in Book 2I7 at page 406.
Drainage and Utility Easenent 20 feet in width along the northerly lot line and 15 feet in widttr along the westerly lot line of subject property as shown on the recorded plat of Vail Valley,First Filing.
Easements, reservations and restrictions as shown or reserved on the Plat of Vail VaIIey, First F.iling recorded May t_2 | I97O in Book 2I7 at Page 609
Terrns, conditions and provisions of Type II Ernployee Housing Unit Restrictive Covenant recorded October 14, l_994 in Book 652 at page
oJ4 -
Terms, conditj-ons and provi_sions of Landscaping Easement recorded July 15, ]-98'7 in Book 466 at Page 35 and Amendrnent recorded January 9, 1996 in Book 685 at Page 685.
Terms, conditions and provisions of Encroachment Agreement recorded October 24, 1995 in Book 678 at Page 956.
Terms, conditions and provisions of Encroachment Agreement recorded
November 30, 1995 in Book 682 at Paqe 157.
10
16
11. Terms, conditions and proviEions of Encroachment Agreenent recorded Novenber 30, 1995 in Book G82 at page 158.
L2. Terns, conditions and provisions of Encroachment AEreenent recorded November 30, 1995 in Book 682 at page J.59.
L3. Tetms, conditions and provisions of Encroachment Agreenent recorded Novenber 30, 1995 in 8oo]<.682 at page 160.
L4. Easements, reservations and restrictionE as shown the Plat recorded in Book
or
at
reEerved on Page .
L7
|f*ittent To Insure o
ALTA Commitment - 1970 Rev.
0l-0 RIPUBl"lc NAII0NAL IIILE lNsuRANcE c0MPANY, a Minnesora corporarion, herein called the company. for a
valuable conslderauon, hereby commits to issue is policy or policies of tirle insurance, as idenifred in Schedule A, in favor
of the proposed Insurcd named rn Schedule A, as owner 0r mo(gagse of the eslate or intergst covepd hereby in the land
described or refened to in Schedule A, upon paymenr of rhe premiums and charges therefor; all subject to the provisrons of
Schedule A and B and ro rhe Condirions and Sdoularions hereof.
This Commitment shall be effecive only when lhe idenriry 0f the pmposed Insured and lhe amgunr of the oolicv or
policies committed for havs been insened in Schedule A hereof by rhe Company, eilhef al rhe ime 0f rhe issuance of lhis
Commitment or by subsequent endorsemenl.
This Commhment is preliminary lo the issuance of such policy or policies of rjtle insurance and all liability and obligations
hereunder shall cease and terminale sir months after the effective date hereof or when rhe policy or policies commined for
shall issue, whichever finl occurs, provided thar lhe failum r0 issue such policy or policies is nor th8 fauh of the Company.
CONDITIONS AND STIPUI-ATIONS
L The term "mongaqe", when used herein. shall include deed of trust, trust deed. or othsr security insrumenr.2. lf the proposed Insured has or acquires actual knowledge of any delecl, lien. encumbrance, adverse claim or olner
maner affeclng lhe eslale 0r interesl or mo(gage lhercon covered by this Commnmenr orher lhan rhose shown in Schedule I heeol. and shall lail to disclose such knowledge
to the Company rn wnting, the Company shall be relteved from liability for any loss or damage rcsulring from any acr of reliance hereon ro rhe errenr rhe Company is prejudiced
by fatlure of the proposed Insur€d l0 so disclose such knowledge. lf the ptoposed lnsured shall disclose such knowledge to the Company, or if rhe Company orherwrse acqurres
aclual kn0wl€dge of any such delect. lien. encumbrance, adverse claim or other marrer, rhe Company al its option may amend Schedule B of this Commitment accordingly, but
such amendmenl shall not relieve the Company lrom liability previously incurrcd pursuant l0 paragraph 3 of rhese Condirions and Stpulatrons.
3, Liability of the Company under this Commitment shall be only to the named proposed Insured and such panies
lnc|UdedUnderthedefjnitionoilnsuredinthplormofpo|icyorpo|rcrescommittedfotandon|yforactUa||0ssincUed
comply wnh lhe tequirements hereof or {bl to e|mrnate ercepltons shorvn rn Schedule B, 0r (cl l0 acquire or crcate the eslale 0r Interesl 0r mgrlgage thereon covered by lhrs
Commitment. In no event shail such liability exceed the amount slaled In Schedule A for the policy or policies committed for and such liability is subject r0 the insuflng
ptovtstons and lhe Condiions and Stipulalons and the Erclustons lrom Coverage of the form of poltcy or pollctes commined lor rn favor of rhe orooosed Insurcd wnrcn are
hereby rncorporared by reference and made a pan of thrs Commrrmenr erceDr as exoressly modifjed herein.
4. Any action 0r aclrons or rights of acron rhat the proposed lnsured may have or may bring against the Cgmpany
anslng out ol lhe slatus 0f lhe lnle l0 lhe eslale 0r Inleresl 0t lhe slatus of the mongage thereon covered by this Commrtment musl be based 0n and arE subiecl to lhe
provisions ol thrs Commilmenl.
STANI]ARI} EXCIPTIt)NS
In addilion l0 lh€ malters conbined in lhe Condilions and Stipularions and Exclusions from Coverage above
relerred to, this Commirment is also sublect lo lhe following,
1. Bights or claims of panres in possession not shown by the public records.
2. Easemenn. or claims of easements. nol shown by lhe oublic reco'rds.
3, Dtsctepancres. confllcts in boundary lines, shonage in area. encroachments. and any facts which a corrBct
survey and'rnspecrion ol the premises would disclose and which are not shown by the public records.
4. Any lien. 0r nghl t0 a lien. Ior services. labor or marenal rhererofore or hereafter furnished, imoosed by law
and nor shown bv the oubltc records.
5. 0elects, liens. encumbrances, adverse claims or other matters, if any, created. firsr appeanng in the public records
0f anachrng subsequenl t0 lhe effeclive
Commilment.
lN WITNESS WH[RE0F, Old Bepublic National Tile Insurance Company has caused irs corporare name and seal lo
be hereunto affixed by tts duly authonred officers 0n the date shown tn Scheduie A. t0 be valid when counrersigned by a validating oliicer 0r qthet auh6nnd sagnarory,
OtD REPUBTIC IIATIOI{AL TITTE II{SURAiICE COMPA'{Y
A Stoc* towany
400 Snond Avenue S\uth. Mnneap\tts. Mnnes|ta 5540t
/6/2)3lt.I/t
ifij
8y
Authoited Signatory
OfiT Forrn 2582
Auesr 4rE*,2 Seuetary
o"o *"p';
:":':",'J.l"T'ffi ..MPANY
scHEDULE .ii
Our Order # V253239
For lnformation Only
- Charges -
ALTA Owner Policy gj-,941.00 (REISSUE RATE)Tax Report $20.00 -TOTAL-- 91,951.00
*** THIS IS NOT AN I}I"VOICE, BUT A}T ESTIMATE OF FEES. WHEN REFERRING
TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO. V253239 ***
1. EffecE,ive Date: April 18, 199G at, 5:00 p.M.
2- Policy to be issued, and proposed Insured:
"ALTAI Owner,s Policy J-O-LI-I2 91,gOO,OOO.OO
Proposed Insured:
LULETA MASLAK
3. The est,aE,e or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. title t.o t.he estaEe or intere"t, co.rered herein is aE the effect,ive date hereof vested in:
CHARLES DAVID SMITH
5. The land referred to in this Commitment is described as folLows:
A PORTION OF:
LOT 5, BLOCK 3, VArL, VALLEY, FIRST FILING, ACCORDTNG TO THE
PLAT RECORDED MAy 12, t970, IN BOOK 2t7 AT pAcE 609, COUNTY OF EAGLE, STATE OF COLORADO.
NOTE: SAID IJEGAL DESCRIPTION WILL BE AMENDED UPON COMPLIANCE
WITH ITEM 3 OF SCHEDULE B-]- HEREIN.
PAGE J-
(Requirement,s) Our Order # V2S3Z39
.tlA\rl1 Z
SCHEDULE B-1
(Requirements) bur Ord.er # V253239
The fol-lowing are t,he requirement.s t,o be complied wit.h:
L. Payment Eo or for the accounc of the grantors or mortgagors of the full consideration for the est,ate or int,erest t,o be-insured
2. Proper insErument(s) creating the est.ate or interest to be insured must be execuLed and duly filed for record, to-wit:
3. RESI'BDIVISION PLAT, ACCEPTABLE TO THE COMPANY, TO BE RECORDED IN EAGI-,,E
/ar\T TT\TTV
4. PARTIAL RELEASE OF DEED OF TRUST DATED SepEember 23, L994, FROM CHARLES DAVID SMITH TO THE PT]BLIC TRUSTEE OF EAGI-,,E COUNTY FOR THE USE OF VAIL BANK TO SECURE THE SUM OF $2,500,000.00 RECORDED Septernber 27, !994, IN BOOK 651 AT PAGE 84.
SAID DEED OF TRUST WAS FURTHER SECIJRED IN ASSIGNMENT OF RENTS RECORDED September 27, 1994, IN BOOK 551 AT PAGE 85.
DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED qanFornl-\ar ?? L994, IN BOOK 551 AT PAGE 8G
SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF DOCI]MENTS AND
BUILDING PERM]T RECORDED SepLember 27, L994, IN BooK 55]- AT PAGE 87.
EXTENSION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED Mav 03, 1995, IN BOOK 656 AT PAGE 467.
5. TBRMINATION OF FINANCING STATEMENT FROM C}IARLES DAVID SMITH, WITH VAIL ' BANK, THE SECURED PARTY, RECORDED September 27, L994, IN BOOK 551 AT PAGE
88.
5. PARTIAL RELEASE OF DEED OF TRUST DATED April 20, 1995, FROM CHARI-,,ES DAVID
SMITH, A SINGLE PERSON TO THE PUBLIC TRUSTEE OF EAGLE COI]NTY FOR THE USE OF vArL BANK To SECURE THE suM oF 91,500,000.00 RECORDED May 03, 1995, rN BooK 666 AT PAGE 465,
SAID DEED OF TRUST WAS ASSIGNED TO VAIL BANK IN ASSIGNMENT RECORDED May 03,1995, IN BOOK 555 AT PAGE 455.
7. RELEASE OF LIEN AS EVIDENCED BY THE STATEMENT OF UPPER CRUST. LANDSCAPING rNc. rN THE AMOUNT OF $11,050.50 RECORDED February 0?, 1996, IN BOOK 687 AT
PAGE 530.
^"rtcoMMrrMENr O
SCHEDULE B-1
(Requirements) dur Order # v253239
8. EVIDENCE SATISFACTORY TO THE COMPAIIY THAT THE TERMS, CONDITIONS AI{D PROVISIONS OF THE TOWN OF VAII-, TRANSFER TAX HAVE BEEN SATISFIED.
9. WARRANTY DEED FROM CTIARLES DAVID SMITH TO LULETA MASLAK COM/EYING SUBJECT
PROPERTY
THE COUNTY CI,ERK AND RECORDERS OFFICE REQUIRES RETURN
ADDRESSES ON DOCUMEMTS SEMT FOR RECORDING!!
* * * * * * * * * * * * * * * * * * * * * * * * * NOTE * * * * * * * * * * * * * * * * * * * * * * * * * * *
RECORDING FEES HAVE INCREASED AS OF irul,y L, l_995 TO $6.00
FOR T}IE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE.
RELEASES HAVE INCREASED TO $14.00 FOR THE FIRST PAGE AND
$5.00 FOR EACH ADDITIONAL PAGE.
A L r1p. o M M r r M E N r
PAGE 4
(ExcepEions) Our Order # v2S3Z39
The_policy or poricies to be issued wilr contain exceptions t.o t.he following unless the same are disposed of to the satiifacE,ion of the Company:
1. standard Exceptions 1 through 5 print,ed on the cover sheet..
6. Taxes and assessments not yet. due or payable and special assessments not. yet cert.ified to the Treasurer,s office.
7. Any unpaid Eaxes or assessment,s against said 1and.
8. Liens for unpaid water and sewer charges, if any.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOT'ND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN ITNTTED STATES PATENT RECORDED June 29, 1903, IN BOOK 48 AT PAGtr 49q
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AIITHORITY OF THE
UNfTED STATES AS RESERVED IN UNITED STATES PATEIfT RECORDED June 29, 1903,IN BOOK 48 AT PAGE 495.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE;
BUT OMITTING RESTRICTTONS, TF ANY, BASED ON RACE, COLOR, RELIGION, OR
NATIONAL ORfGIN, AS COITTAINBD IN INSTRIJMENT RECORDED April 13, Lg7O, fN
BOOK 217 AT PAGE 405.
12. DRAINAGB AND UTILITY EASEMENT 20 FEET IN WTDTH ALONG THE NORTHERLY LOT LINE
AND 15 FEET IN WIDTH ALONG THE WESTERLY LOT LINE OF STJBJECT PROPERTY AS
SHOWN ON THE RECORDED PLAT OF VAIL VALLEY, FIRST FII-,ING.
13. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT.
OF VAIL VALIJEY, FIRST FILING RECORDED May 12 , I97O fN BOOK 2L7 AT PAGE 509.
14. TERMS, CONDITIONS AND PROVISIONS OF TYPE II EMPLOYEE HOUSING I]NTT RESTRICTM COVENANT RECORDED October 14, 1994 IN BOOK 552 AT PAGE 634.
15. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED OcEober 24, 1995 IN BOOK 578 AT PAGE 955.
].5. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED
Nowember 30, 1995 IN BOOK 682 AT PAGE 157.
47. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED
November 30, 1995 IN BOOK 682 AT PAGE t-58.
PAGE 5
A t rtc o M M r r M E N r
SCHEDULE B-2
(Exceptions). Our Order # V253239
18. TERMS, CONDITIONS AI{D PROVISIONS OF ENCROACHMEMT AGREEMENT RECORDED November 30, L995 IN BOOK G82 AT PAGE 159.
].9. TERMS, CONDITIONS AND PROVISIONS OF ENCROACIIMEIIf AGREEMENT RECORDED November 30, 1995 IN BOOK 682 AT pAeE 160.
20. EASEMEIfTS, RESERVATIONS AI$D RESTRICTIONS AS SHOWN OR RESERVED ON THE PIJAT
RECORDED TBD IN BOOK XXX AT PAGE XXX.
t,A9t1 b
LAND rt"r GuARANr"t coMpANy
DISCLOSI'RE STATEMENT
Required by Senat,e Bill 91-14
A) The subject real property may be located in a special t.axing district
B) A Certificat,e of Taxes Due listing each Eaxing jurisdiction
may be obt,ai-ned from the County Treasurer or the CounEy Treasurer's aut,horized aqent,.
c) The information regarding special districts and t,he boundaries of such dist,ricts may be obt,ained from the Board of County Commissioners, t.he County Clerk and Recorder, or t.he County Assessor
Required by Senate BilI 92-143
A) A Cert.ificate of Taxes Due lisEing each taxing jurisdicCion
shall- be obtained from the Count.y Treasurer or t.he Counf,y Treasurer's aulhorized agent,.
o JC
TOWN OF VAIL ruCEI'T
ADI}Rf,,SS "^r"--S--8-,?L-
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TIADE IAYAILE TO TO\TT OF 1'
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ENCROACHMENT AGREEMENT
THIS AGREEUENT, is made and entered into this _ day of _,L995 by Charles David Srnith hereinafter referred to as FropeEf-bilner
and U.S. West Communications, hereinafter referred to as rtCompanyrr.
WHEREAS, Property Owner is presently the owner of certain real property described as Lot 5t BLock 3, Vail Valley First Fiting,according to the Pl-at recorded May L2, L97O, in Book 2L7 at Page 609,
County of Eagle, State of Colorado, located in Eagle County, Coloradoi
and
WHEREAS, the Conpany is presently in possession of an easement thirty feet in width, running through the aforementioned property, which
easement is described on Exhibit A, a-utached hereto and incorporated herein by this referencei and
WHEREAS, Property Owner has constructed a permanent structure that
encroaches upon the described easement in the area approximately .4tX 5r, said encroachnent being described on Exhibit A;
NOW, THEREFORE. in consideration of the covenants and promises
herein, the parties hereby agree as foll-ows:
l-. The Cornpany shall permit the permanent structure to encroach
upon the aforementioned easement.
2. The Property Owner shall indemnify the Cornpany from the costs of any repairs to the Companyrs utility lines which may occur as a result of the construction of the permanent structure over and upon such
easement.
3. The Property Owner sha1l hold harnLess the Company frorn the cost of repairing any damage to the structure, which damage nay be
caused by the installation of new utility lines in this easement, or by a break in present and future utility lines of the Company, or by the repair of such break by the Company or by other maintenance of the Iines.
4. The Property Owner shall indemnify the Conpany from any
increase in the cost of construction of any new utility lines or in the cost of any repairs to the Companyrs utility lines, such increase, if any due to the proxinity of the permanent structure to the utility lines.
5. This Agreenent shall bind the successors and assigns of the Property Owner, and shall be appurtenant to and deened to run with and for the benefit of the aforementioned property in Eagle County, Colorado until such tirne that the Company abandons said easenent.
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REC
16.00
DOC 578L64 B-682
Sara J. Fisher
',)
This Agreement shall be recorded against said property in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year first above writt
PRO
By:
STATE OF COLORADO
COUNTY OF EAGIJE
ss.
ss.
instrument was acknowledged before rne this 1995 by cy"!!ie_lj_Irgl"elggn of U.S. West Cornmunications.
fficial seal .
Depar tment
Witnes
My ont 5/7 /98
, The. foregoing instrurnent was acknowledged before me this -Io* Uu"of N|umhty' , 1.995 by OnAarx-s OAum Strlr.IH '
Witness ny hand and officia] seal .
My commission expires on: Myconmissk
STATE OF COLORADO
COUNTY OF EAGLE
The foregoing
of November
My Conmission Expires 6/10/98
ffi:::;R tron exp:
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TIWN OF VAIL .J7I',1,E OF THE TOWN CLERK
7: iO. iAONTAGE ROAD
v/.1:, coLoRADo 91657
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/t>6 day of l,iv ,to as nroperTfltwiEr
Colorado Corporation,
REC
16.00
ENCROACHMENT AGREEMENT
THIS AGREEMENT, is nade and entered
1995 by Charles David Snith hereinafter
and TCI Cablevision of the Rockies,
hereinafter referred to as rrCompanyrr.
into this
referred Inc., a
WHEREAS, Property Owner is presently the owner of certain real
property described as Lot 5, Block 3, VaiL Valley First Filing,
according to the Plat recorded May l-2, L97O, in Book 2L7 at Page 609,
county of Eagle, state of Colorado, Iocated in Eagle County, Colorado;
and
WHEREAS, the Conpany is presently in possession of an easement
thirty feet in width, running through the aforenentioned property, which
easement is described on Exhibit A, attached hereto and incorporated
herein by this referencei and
WHEREAS, Property Owner has constructed a pertnanent structure that
encroaches upon the described easernent in the area approxirnately .4rX
, 5t, said encroachment being described on Exhibit A;
,i
NOw, THEREFORE, in consideration of the covenants and promises
herein, the parties hereby agree as follows:
l-. The Company shall permit the pernanent structure to encroach
upon the aforenentioned easernent.
2. The Property Owner shall indennify the Cornpany from the costs
of any repairs to the companyrs utility lines which may occur as a
result of the construction of the permanent structure over and upon such
easement.
3. The Property Owner shalL hold harmless the Company fron the
cost of repairing any damage to the structure, whi-ch Caiaage rnay be
caused by the installation of new utility lines in this easement, or by
a break in present and future utility lines of the conpany, or by the
repair of such break by the Company or by other maintenance of the
lines.
4. The Property Owner shall indemnify the Company from any
increase in the cost of construction of any new utitity lines or in the
cost of any repairs to the Cornpanyts utility lines, such increase, if
any due to the proximity of the permanent structure to the utility
1ines.
5. This Agreement shall bind the successors and assigns of the
Property Owner, and shall be appurtenant to and deerned to run with and
for the benefit of the aforernentioned property in Eagle County, Colorado
until such tirne that the conDanv abandons said easement.
li
A
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578165 8-682 P-158 1t/30/95 0Z: Z3p pG 1 OF 3 Sara J. Fisher Eagle Countl- Clerk & Recorder
o
This Agreernent shalL be recorded against said property in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREoF the parties hereto have
be executed as of the day and year first abov
COMPANY:
eement to this
w Bvz f./WI \ At-'.-
acknowledged before me this /O{.\-day tr\ovcl lcr\crZrtr as
cablevS-sion of'the Rockies, Inc.
,'t Frl
*.
seal .
STATE OF COLORADO
COUNTY OF EAGLE
JD.
of Novcmh+r , L995 bY ('FR6?LE'
Witness rny hand and official seal .
My commission expires on: MyCommlssionExpires6il0/98
STATE OF
COUNTY OF
The
COLORADO
EAGLE
for
ss.
instrument was
1995 by
of TCI
official
of
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TO'"i/N OF VAIL
OFFiCE OF THE TOWN CLERK
75 SO. FRONTAGE ROAD
vAtL, cOLoRADo 81657
%r
ENCROACIIMENT AGREEMENT
THIS AGREEMENT, is made and entered into this day of
1995 by charles David Snith hereinafter referred to as Property owner
and Public Service company of Colorado, hereinafter referred to as
ItConpanylr.
WHEREAS, Property Owner is presently the owner of certain real property described as Lot 5, Block 3t Vail Valley First riling,
according to the PIat recorded May L2, L97O, in Book 217 at Page 609,
County of Eag1e, State of Colorado, located in Eagle county, Coloradoi
and
WHEREAS, the Company is presently in possession of an easement
thirty feet in width, running through the aforelnen+*ioneC property, which
easement is described on Exhibit A, attached hereto and incorporated
herein by this reference; and
WHEREAS, Property Owner has constructed a permanent structure that
encroaches upon the described easernent in the area approximately .4tX
5t , said encroachment being described on Exhibit A;
NOW, THEREFORE, in consideration of the covenants and pronises
herein, the parties hereby aqree as follows:
l-. The Company shall perrnit the permanent structure to encroach
upon the aforementioned easement.
2. The Property owner shall indemnify the company from the costs of any repairs to the companyrs utility lines which may occur as a result of the construction of the permanent structure over and upon such
easement.
3. The Property Owner shall hold harmless the Company from the cost of repairing any damage to the structure, wtrich damage may be
caused by the installation of new utility lines in this easement, or by a break in present and future utility lines of the Company, or by the repair of such break by the Company or by other maintenance of the lines.
4. The Property O\^rner shall indennify the Company fron any
increase in the cost of construction of any new utility lines or in the cost of any repairs to the Companyrs utility lines, such increase, if any due to the proximity of the perrnanent structure to the utility
l ines .
5. This Agreement shall bind the successors and assigns of the Property Owner, and shall be appurtenant to and deerned to run with and for the benefit of the aforernentioned property in Eagle County, colorado until such time that the Company abandons said easement.
578166 B-682 P-159 lI/30/95 02:24P PG 1 OF 4
Sara J. Fisher Eagle County Clerk & Recorder
REC DOC
21.00
-!
ts
This Agreement shall be recorded against with the laws of the State of Colorado.
IN WITNESS WHEREoF the parties hereto
be executed as of the day and year first
PRO
By:
es David
COMPANY:
STATE OF COIORADO
COUNTV OF EAGLE
ss.
Witness my hand and official seal .
My cornnission expires on: j-t6-r178
said property in accordance
caused this Agreenent to have
above wri-tt
o
N
o
,rThe foregoing instrurnent^was acknowledged before rne this of zfudn_s /- , L995 by 6c44e ;r Uay.r,.y &.4 uut
c\
o &
a
C\
N
ra:
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rr)
StaEe of
County of
)
)
. The foregoing instrument wa6 acknowledged before rne this f!21aay ot
t:httAfuf-, 1995 by charles David Smith.
lJitness my hand and official seal.
My commission expires on:
STATE OF COI.,ORADO
COIINTY OF EAGLE
Th-e foregoing of t{4 4,'s T
-Vn/vf eEZ of Public Service conpany of Colorado Rockies.
Inc.
Witness my hand and official seal .
My comrnission expires on: 5-14..i??8
Notary
ss.
-.t instrument was acknowledged before me this /5/n day
, L995 by Gtznu v, t&tesl tP. as
'l;,(f
C,J
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TOWN OF VAIL
OFF:CE OF THE TOWN CLERK
7i "1 -IIONTAGE ROAD \ ' 'ORADO 81657
4/lt'
\ ENCROACHMENT AGREEMENT
lttls AGREEMENT, is made and entered into this 20th day of Septembep
L995 by Charles David Smith hereinafter referred to as Property Owner
and the Holy Cross Electric Association, hereinafter referred to as rrAssociationrr .
WHEREAS, Property Owner is presently the owner of certain real
property described as Lot 5, Block 3, Vail Valley First filing,
according to the Plat recorded May 1.2, L97O' in Book 217 at Page 609,
County of Eagle, State of Colorado, located in Eagle County, Colorado;
and
WIIEREAS, the Association is presently iir possession of an easenent
thirty feet in width, running through the aforementioned property, which
easement is described on Exhibit A, attached hereto and incorporated
herein by this referencei and
WHEREAS, Property Owner has constructed a permanent structure that
encroaches upon the described easenent in the area approxirnately .4rx
5r, said encroachment being described on Exhibit A;
NOW, THEREFoRE, in consideration of the covenants and promises
herein, the parties hereby agree as follows:
L. The Association sha1l perrnit the permanent structure to
encroach upon the aforementioned easement.
2. The Property owner shall indennify the Association from the
costs of any repairs to the Associationts utility lines which may occur
as a result of the construction of the permanent structure over and upon
such easement.
3. The Property Owner shall hold harmless the Association from
the cost of repairing any damage to the structure, which danage may be
caused by the installation of new utility lines in this easement, or by
a break in present and future utility lines of the Association, or by
the repair of such break by the Association or by other naintenance of
the lines.
4. The Property owner sha11 indernnify the Association from any
increase in the cost of construction of any new utility lines or in the
cost of any repairs to the Associationrs utility lines, such increase,
if any due to the proxirnity of the permanent structure to the utility
1ines.
5. This
Property Owner,for the benefit until such time
Agreement shall bind the successors and assigns of the
and shall be appurtenant to and deerned to run with and
of the aforenentioned property in Eagle County, colorado
that the Association abandons said easement. Ttris A
8
YI
91
578167 8-682 P-160 lI/30/95 02:25P PG 1 oF 4
Sara J. Fisher Eagle County Clerk & Recorder
REC
21.00
DOC
greement shall be recorded against
laws of the State of Colorado.
IN WITNESS WHEREoF the parties
be executed as of the day and year
said property in accordance with the
hereto have first above
ent to -,
owNlR:
Yult \4
ASSOCIATION:
STATE OF COI,ORADO
COUNTY OF EAGI,E
ss.
HOLY CROSS ELECTRIC ASSOCIATION, INC.
ledge^d lefoq
-a
or o
o)
The forecroincr instrunent was ackn or AuGu5{ ' i tggs uy C}ran0ox
Witness my hand and official sea1.
My commission expires on: lrtly Ccnnissicn Expires6/10/98
Kent Benham, General Manager
57 8167 B-682 p-160 It/30/gS OZ:2ip pG 2 oF4
STATE OF COLORADO
couNTY oF Effi ead;ut/ss.
of
d Tle foregoing instrument was acknowledged before rne this "?O
-day
1995 by Kent Benham of the Holy Cross Electric Association.
Witness ny hand and official seal'
My cornnission expires on: 4-4-lZ
A x v
gr
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TO\I/N OF VAIL
OFi]:]E OF THE TOWN CLERK
75 SO. FRONTAGE ROAD
vAtL, coLoRADO 81657
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PETER JAMAR ASSOCIATES, INC.
PLANNING . DEVELOPMENT ANALYSIS . RESEARCH
May L6,I994
MrJim Crunette
Town of Vail
75 South Frontage Road West
Vail, Colorado 8165/
RE: EHU Conditional Use Permit
Sage/Smith Lot
DeiuJim:
Enclosed you will find a Conditional Use Permit foraType II EHU on the Sage/Smittr lot (1367
Vail Valley Drive,Irt 5, Block3, Vail Valley lst Filing). As you know, if approved this unit
will mtisfy one of the three off-site units required for the Comice Building.
Fnclmed submittal material includes:
l) Two se'ts of plans of the proposed residence (floor plans, site plan and elevations)
2) List of adjacent property owners
3) Application form
4) Written stat€ment of proposal
A title report has been previously submitted as an element of a DRB application.
Please call me with any questions you may have.
SincereA\
Thomas A. Braun, AICP
Suite 204, Vail National Bank Euilding
108 South Frontage Road West . Vall, Colotado 81657 . (3Gl) 47&7154
Conditional Use Appllcation for an EHU
Sage/Smith Lot
The follorving is a description of the proposed use and a summary of how the proposal complies
with applicable review criteria"
Description of Proposal
The subject parcel currently contains a single family residence. As proposed, this residence will
be replaced with a duplex plus an EHU, for a total of three units on the site. The EHU is
proposed to satisfy one of the three required off-site units for the Cornice Building. The
proposed unit is a Type II EHU and is 300 square feet in size. The unit is located above a single
car Sarage.
A1 the present time an application for a duplex residence on this site has been submitted to the
DRB. Following the approval of this EHU application, an amended application for this EFIU
unit will be submitted to the DRB.
Compllance with Conditional Use Permit Review Criteria
A. Relationship and impact of the use on development objectives of the town.
One of the primary development objectives of the Town is to generate employee housing
units. This proposal will provide a new perrnanently restricted unit to the Town's rental
supply.
B. Effect of the use on light and air, distnbution of population, transportation facilities,
utilities, schools, parks, etc.
The addition of one 300 square foot rental unit will not adversely impact any of the
considerations listed above.
C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian
safety and convenience, etc.
The proposed unit will not have any adverse impact on any of the considerations listed
above.
D. Effect upon the character of the area in which the proposed use is to be locat€d, including
the scale and bulk of the proposed use in relation to surrounding uses.
The EHU has been desigred as an extension of the proposed duplex. The EHU adds
approximately 300 square feet to the footprint of the building and approximately 28 feet
of building height. The scale and bulk of the proposed use is in keeping with
surrounding uses.
AD.IACENT PROHTRTY OWNERS LIST
LOT 5, BLOCK 3, VAIL VILLAGE IST FILING
1367 VAIL VALLEY DRIVE
ClaireEvans
34O1 Northside Parkway
Atlant& GA 3$n
Davi4 Kim and Larry Scheinberg
5 Horizon Road #2503
Fortlee,NJ 07024
Karen B. Barrett
139/ VailValleyDrive
Vail, CO 81657
Christine M. Oberlohr
1388 Vail Valley Drive
Vail, CO 81657
H&S Partners
Mr. and Mrs. Herbert L. Wittow
29 Sedgewick Drive
Englewood, CO 80110
Town of Vail
75 S. Frontage Road
Vail, CO 81657
5/ao/e+- cr14'oc-n-'u^rs g-v-f' cr-rr Q t'S
THIS ITEII MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on June 13, 1994, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
1. A request for a conditional use permit to allow for a Type ll Employee Housing Unit
located at 1367 VailValley Drive/Lot 5, Block 3, VailValley 1st Filing.
Applicant: David Smith Planner: Jim Curnutte
2. A request for an amendment to a previously approved plan to allow for four duplexes
to be constructed at 1894 Lionsridge Loop/Lot 27, Block 2, Lionsridge 3rd Filing;
Applicant: SteveGensler/ParkwoodRealty Planner: Andy Knudtsen
3. A request for a conditional use permit to allow for a Type ll Employee Housing Unit
located at 4030 North Frontage Road East, #D/Lot 28, pitkin Creek Mountain
Townhomes.
fuplicant: Andrew M. Knudtsen Planner: Jim Curnutte
4. A request for a conditional use permit to allow lor a Type ll Employee Housing Unit
located at 375 Mill Creek Circle/Lot 17, Block 1, Vait Viilage lst Fiting.
Applicant Kenneth S. Brown Planner: George Ruther
5. A request for an amendment to Section 18.57 of the Town of Vail Municipal Code,
Employee Housing, to allow for common area to be used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen
6, Selection of Chairperson and Vice Chairperson for the PEC.
7. A request for an amendment to Section 18.40, Special Development Districts, to
eliminate the use of the SDD in the Single Family, Two Family, primary/Secondary,
and Hillside Residential zone districts.
Applicant: Town of Vail Planner: Kristan PriE
- L Exterior alterations received on or prior to May 23, 1994 deadline are listed below:
A request for a height variance and a major exterior alteration to the L'Ostello building
located at 705 West Lionshead Circle/Lot 1, Block 2. Vail/Lionshead 3rd Filing.
Applicant: Alien, Inc./John Dunn Planner: Randy Stouder
9. A request for amendments to Section 18.57, Employee Housing, to set forth
requirements for renting Employee Housing Units and setting forth details in regard .
thereto.
Applicant: Town of Vail Planner: Andy Knudtsen
10. An appeal of a staff decision regarding nonconforming structures, demo/rebuilds,
setbacks. and the use of the 250 Ordinance.
Appellant: Jay Peterson, representing Helen Chatfield Planner: Jim Curnutte
11. A review 0f the parking calculations to be assessed for the Vail Associates expansion
at the Lionshead Center Building.
Applicant VailAssociates,lnc.Planner: Andy Knudtsen
12. A request for a front setback and wall height variances to allow for additions to an
existing Primary/Secondary residence located at 226 Forest Road/Lot 11-A, Block 7,
Vail Village 1 st Filing.
Applicant: John Krediet Planner: Randy Stouder
o
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Design Review Board will be reviewing the following
application on June 1, 19!14 in the Town of Vail Municipal Building.
1. A request for an additional 250 square feet of Gross Residential Floor Area for the
demolition of an existing single family residence and the construction of a new duplex
which includes 250 square feet of additional GRFA at the Smith Residence located at
1367 Vail Valley Drive/Lot 5, Vail Valley 1st Filing.
Applicant: David Smith
The applications and information about the proposals are available in the zoning
administrator's office during regular office hours for public inspection.
TOWN OF VAIL
COMMUNITY DEVELOPMENT
Published in the Vail Trail on May 13, 1994.
^+1 548671 8-652
Sara J. Fisher
l'-
p-orfro /r4/s4 o4:2rip pG r "t Eag1e County CLerk & Recorder
TYPE II EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT
WHEREAS.
property ("th€ O\,vnefl described as:
2l ,n
DOe REC
10 .00
is the owner ol certain
t a
("lhe Properly"); and
wHEBEAS, the Orvner wishes to place certain reslriclions on the use of a unit or apartment located
on the Property for the benefit of lhe owner and the Town ot Vail, colorado (,lhe Town").
NOW' THEREFORE, the Owner does hereby impose, establish, acknowledge, declare lor tho
benelit of all persons who may hereinafler purchase, or lease, or hold the subject land lhe following
restrictions, covenanls, and conditions, all ot which shall be deemed to run with the land and inure to the
benefit and be bonding upon the oivner, its respective grantees, successors, and assigns.
't.The Emptoyee unit, conlaining 3oO square leel, is hereby restricled as a Typc tl
Employee Housing unit (EHU) which musl comply with all the provisions of seclions
18.57.020, 18.57.030, and 18.57.050 ol the Vail Municipat Code as amended.
The Type ll Employee Housing unit shall not be leased or rented lor any period of less
than thirty (30) consecutive days; and, if it shail be renled, il shail be rented only lo lenants
?la
2.
who..'rii:tol! time emplqyee\hg,wgrk in Eagte,Ciuhtfr',,fo.tn.;pgrposes gf this
employee ig;one"u)no works an average of a minimum of lhirty (30)paragraph, a full lime
hours each week.
i.i ."
,
i ::3. No later than February 1 ol each year, the owner of each employee nousirig uhit within f ng
'1. '.', ".Town which is constructed following lhe effective dale of this ordinance sfran.i'ubmit two
(2) copies ol a roport of a form to be obtained from the communily oeveopment
deparlment, lo lhe Cornmunity development Department of the Town ol Vait and Chairman
of the Town ot Vail Houslng Authority setting lorth evidence establishing that each lenant
whom resides within their employee housing unil is a full-lime employee in Eagle County.
4- A Type ll EHU may not be sold, transterred, or conveyed separately trom any two lamily
dwolling il may bo a part ol..:tl.;:
5.The Type ll EHU shatt not be divided inlo any form of rimeshares, interval ownership, or
fraclional lee ownership as lhose lerms are defined in the Municipal code ol the Town ol
Vail.
.The provisions ol these restrictive covenants.may be enforced by rhe owner and the Town.
' '' t'7' The conditions, restrictions, stipulations, and agreemenls contained herein shall not be
waived, abandoned, terminaled, or amended except by lhe written consenl or bolh the
Town of Vail and lhe Owner ol the properly.
TOWN OF VA|L, a Colorado municipal corporalion
,4 --,By: /q L L/
Kobert W. Iqclaurin,. TOwn Manager
i.. -. ". My commission expires: "u <;onniissionExpiresJmetT,tggs
5486?1 B-652 P-634 tO/L4/94 04i26P PG z
TOWN OF VAIL
OFFICE OF THE TOWN CLERK
75 SO. FRONTAGE ROAD
vArL, C0LORADO 81657
instrument was acknowledged before me this 2lljtay of The foregoing
Properly owners
oF. z
o:\\crhgbdrir\chull I
.--=\-'.,
Of;gr Review Action Fth
TOWN OF VAIL
Category Number
Project Name:
Building Name:
Proiecl Description:
rtc'(.,, < t - 6.1
,.(t/
| ' , Il Owner. Address and Phone:
Architecvcontact, Address and Phone:
Legal Description: Lot
-
Block Subdivision Zone Dislrict , ..irr',i ,- *'
Project Street Address:
Comments:
Board / Staff Action
Motion by:
Seconded by:
E Approval
D Disapproval
! StatfApproval
Conditions:
:'(,
DRB Fee Pre-paid
a o
SF R, R, R P/S ZONE DISTRICTS
ZONE CHECK
FOR
DATE: 6{rs{q4
LEGAL DESCRIPTIoN: LoI 9 Block B riring
ADDRESS:;L
ARcHrrEcr Dq v ,al t{aSS ( pHoNE 6"9 - Vq66,
zoNE Drsrwcr I)oPLQ. Y
*0,{t t
t-r:lrLY
PRoPosED vsn Lrld r,t'vGd** q F..tO
**Lor stzs, o,Sza(qc: ei. t9l
{-r €il<1
J/
{ Hv,
Height 5tttot
ror,at cnra )669+ "250
+.r+m4_g*L
Water Course
Site Coverage
Landscaping
Front
Sides
Rear
Setback
Allowed
(30) (33)
sq t7
Ex istinq
p[+,
t-
1563
A,i,': 7
'*."'i i6
Total
5f88
u*,{ A
f4 l4,tt5 )5i75o
Dat.e approved by Town Engineer: \./*
X 22)
,16 7 'log I
375
eo
tV /t1
?c>
pth
3b
- S;(>(9
Does thls requesE involve a 250 Addit.ion? yr? 5 How much of the alrowed 250 Addirion is useffilE-E is request: 3.b
Prevlous conditions of approval (check property tit"l , /
**Note: Under Sections 18.12.090(B) and tg.13.Og0(B) of the Municipal code, lots zoned Two Famiry and prinary/secondaiy wnich are less than 15r000.s9. ft- in area may not construct, a second dwelring unit.. ?he communit,y Development Deplrtmeng may grant an except,ion t6 ehis restrictiol Provided t.he applicant meets the criteria set forth under secLions 18.12.090 (B) and 18.13 .090 (B) of r,he llunic:.par coae inciuailg permanently restricting. the unit as, a.Iong-Lerm rent.ll unit for full_time employees of the 0pper Eagle Valley.
,g
425
425 Jf-,(A s...rffi'nF
Setbacks 201
15'
15'
(30) (s0)
Llag I
l5.aw
Retaining Wal1. Heights
Parking
Garage Credit
Drive:
View Corridor EncroachmenE, :
Environmental,/Hazards :
No
Flood Plain
Percent Slope
Geologic Hazards a) Snow Avalanche b) Rockfall c) Debris Flow 4) Wetlands
{t'
.$ae
Yes
1)
2',,
3)
e)'
,{,f
a
{"'€"*{io
o$
.-/t I I f ,J I t f n Vt l'f v u ,*- addtTt$ A
owNER 4.e 0i ?t €i-., , *A pHoNE 4 rG - S */e
3'/6r fi.)lA
7 neqra &s**
(300) (600) (eoo) (L?oo;ffi{|"
lo,+
qL ts ,sP t
t].i!.'.
, ".
'"i.,.
t.^^'\l-r.r, \yr
...1^
t''.. "tl tr rr
:rir'viecd L0l5l92 O nrc'o ttAy r 6 tegt
Date of Application nAr.\ \Q
Date of PEC Meet-in9 -3s1:g11-
APPLICATION FOR CONDIEIONAL ITSE PERMII
T This procedure is required
conditionaf use permit.
The application wiII not be
submitted.
A. NA}IIE OF APPLICAIiIT DAN,TO
ADDRESS
for any project required to obtaln a
accepted until all information is
PHONFIVIGeooz--
B.
c.
owNER (S' STGTTATLRE (S)
ADDRESS
LOCAT]ON
ADDRESS
: LOT_I_BLOCKI_FrLrNG rJrl\tJ*\[,,r !'{
BY
OF
rlG
D.
FEE $2oo.oo PArD NIA
THE FEE !E!9.:! BE PArD BEFORE THE DEPARTMENT OF COMMUNITY
DEVELOPMENT WILL ACCEPT YOUR PROPOSAI.
F. Stamped, addressed envelopes of the names of owners of all property adjacent to the subject property INCLUDING PROPERTY
BEHIND AND ACROSS STREETST and a list of names and mailing
AddTesses. THE APPLICANT WILL BE RESPONSIBLE FOR CORRECT
O$INERS AND CORRECT ADDRESSES.
II. PRE_APPLICATION CONFERENCE:
A pre-application conference with a planning staff menber is strongly suggested to determine if any additional information is needed. No application wiII be accepted unless it complete (must
include all items required by the zoning administrator). It is the applicant's responsibility to make an appointment with the
staff to find out about addilional submittal requirernents.
III. PLEASE NOTE THAT A COMPIATE APPLTCATION WILL STREA}4LINE THE
APPROVA], PROCESS FOR YOUR PRO.'ECT BY DECREASING THE NUMBER OF
CONDITIONS OF APPROVAL THAT THE PLANNING AND ENVIRONMENTAI
COMMISSION (PEC) MAY STIPULATE. 4&I. CONDITIONS OF APPROVAI, MUST
BE COMPLIED WITH BEFOP€ A BUILDING PERMIT IS ISSUED.
Four (4) copies of the following information must be
submitted:
1. A description of the precise nature of the proposed use
and its operating characteristics and measures proposed
to make the use compatible with other properties in the vicinity.
The description must aLso address:
a. Relationship and impact of the use on development
objectives of the Town.
a.
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Category Number 6,
of;gr Review Action Fnn
TOWN OF VAIL
Proiect Name:
Building Name:
Proiect Description:
t t(c'(
Owner. Address and Phone:( .t C-
,, ' , ( t" (':. 't-,. / (. \' Z
Subdivision Zone District ; ..!. /,i * .X --------
,:--_Board / Staff Action
Motion by:,/),, .i,t t+ t'A
Seconded by:
E Approval
D Disapproval
fl Statf Approval
Conditions:
DRB Fee Pre-paid
'"|' -!
of;gr Review Action Fnn
TOWN OF VAIL
Calegory Number
Building Name:
Owner, Address and Phone:
ArchitecvGontact, Address and Phone:
Legal Description: Lot , glock Subdivision. ,( |,',((-*r/ '7 ZoneDistrict,^/)(-X
Project Street Address:
Comments:
<--Eoard / Statt Action
Motion by:
Seconded by:,i,Le,L.[,,,(.
-l L
E Approval
! Disapproval
! Statf Approval
Conditions:
DRB Fee Pre-paid