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Home My WebLink AboutVAIL VILLAGE FILING 1 BLOCK 7 LOT 20 LEGAL (2).pdfa )4,'*n , MEMORANDUM TO: Russell Forrest FFOM: MaryAnn Best - DATE: June r.rw64ilV SUBJECT: Insurance Certificate - Waterhouse f,tL- Attached is e certificate of insurance required by an Encroachment Agreement between the Town of Vail and Stephen and Linda Waterhouse. The encroachment is on Forest Road (Lot 20, Block 7, Vail Village First Filing). Attachment xc: OTAtile #472 rm, tl 10 9 Itv Companv "'O$U in Bloomington, lllinois B-1894-F632 F H CERTIFICATE HOLDER ONLY TOWN CO VAIL 75 SOUTH FRONTAGE RI)VAIL C0 4L557 HOMEOWNERS POLICY lr 8 Named lnsured gATERHOUSE, STEPHEN L 8 LINDAL&EVELYNA 5 CLEMENT RD HANOVER NH 03755-I40I AMENOED MAY 28 2OO4 PolicyNulFer 86.E8-798$,4 Policy Period Effective Date Expiratlon Date 12 Months MAY 28 2004 MAY 28 2005 The ooli,>v period beqins and ends at 12:0'l am standarcltime at the iesidence premises. Automatic Renewal - lf the policy period is shown as 12 months, this policy will be renewed automatically subject to the premiums, rules and forms in etfect for each succeeding policy period. lf this policy is terminated, we will give you and the Modgagee/Lienholder wriften notice in compliance with the policy provisions or as required by law. Location of Residence Piemrses Your pollcy is amended MAY 28 2004 285 FOREST ROAD DEDUCTIBLES. SECTION I vArL co 8t657-50t4 Bequested By: Benewal Offer Coverages & Propefi sEcTtoN I A Dwellino Dwellin! Extension up to B Personll Propertv C Loss of Use ' SECTION II L v M Medical Pavments to Others (Ea6h Person) Continued on Reverse Pr€parcd MAY 26 2004 Inllation Coverage lndex: 162.2 Oeductibles - Section I Aff Losses 1V"18,26r In case of loss urrder this policy, the deductibles will be applied per occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to policy. RENEWAL OFFER PREMIUM DECREASE Discounts Applied: Home Alert' ' Home/Auto Claim Becord 889.00 CATHY THOMPSON 970-926-1600 $ 1.826. 100 $ '182:610 $ 1.369:s75 Act0al Loss Su stai ned FP-7955 FE-2206 FE-5706 FE-5320 FE-5398 FE-5452 Opti on Limits ol Liabllity $ 1,000, oo0 $ q 500 5,000 Opti on JF ID Other limlts and exclusions titay apply - refer to your policy Your policy consists of this pago, arU ondorsomenls and the policy lorm. Plcase koop thoso togothor. FP-7001.6C 2360 2s1 N o coNnNUED FRoir FRoNr s5 HOiIEOWNERS POLICY Forma, Optlone, & Endorsemsnt! OrdinanceAaw 10%/$ 182,610 33432-5014 Loan I IIATUSZEWSK! ORDINANCE NO. 1I Series of L967 AN ORDINANCE CONGERNING THE DEDICATION TO PUBLIC usE oll GERTAIN ROADS, STREETS, PUBLIC WAYS, CIRCTES, DRMS AND EASEMENTS AND RIGHTS OF WAY BY VAIL ASSOCIATES, INC., AND THE ACCEPTANCE THEREOF AND DECI,AR]NG AN EMERGENCY RELATIVE THERETO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL: Section l. Declaratio@' The Board of Trustees of the Town of Vail does hereby find, deterrnine and declare at the tirne of the filing witb the County Recorderrs office of Eagle County of certain plats by vail Associates, Inc., a colo::ado corporation and its predeceesor, Vail Associates Lirnited, a Partnership, of certain subdivisions known and designated as VaiI Village, First Filing, a resubdivision of Block 5 and a part of Gore Creek Drive of Vail Village, First Filing, a resubdivision of a Part of Tract A of vail village, First Filing, vail village, second Filing; vail viilage, Third Filing; Vail village, Fourth Filing; vail village, Fifth Filing; vail village, Sixth Filing; vail village, Seventh Filing. That said lands described therein in said plats were located in Eagle Gounty, state of Golorado, but not then vithia the lirnits of any rnunicipality. That vail Aeeociateg, Inc., a colorado cotPolation or itE predecessor, vail Associatee, Ltd., a lirnited PartnershiP under tbe laws of Colorado, at the tirne that said property was so platted was the owDer and Page ? - Ordinance No. 1I entity to which certain rights described in said plats were reserved and the streets, roads, circles, drives and tights of way on said land, all of which rights have now becorne vested in VaiI Associates, Inc. That the Town of VaiI was duly chartered by the laws of the State of Colorado and that all the property included in said plats of Vail Village' First to Seventh Filings inclusive, and the resubdivision of Vail Village, First Filing of Block 5 and part of Gore Creek Drive and the resubdivision of a part of Tract A of said Vail Village.'-First Filing, covered property now located within the municipal lirnits of said Town; that said Town of Vail was and is the legal successor of Eagle C ounty as to any dedication to the public of any streets and public ways so dedicated in any of said plats; that said Vail Associates, Inc., has offered to the Town of Vail a dedication of all of any of the remaining streets and public ways in said filings of Vail Village, First to the Seventh Filing inclusive, and the resubdiwision of Vail Village, First Filing of Block 5 and part of Gore Creek Drive and the resub- division of a part of Tract A of said Vail Village, First Filing, covering property now located within the rnunicipal lirnits of said Town; and has filed with the Towa Clerk of the Town of Vail a dedication to the public use of and a conveyance to the Town of Vail of all of Vail Associates, Inc.rE reserved rights as to said streetgr roads, circles, drives, public ways atrd rights of way for the sarne in all the said plats and the accePtance thereof is in the best interest of the Town of Vail, the public and its generalwelfare. Page 3 - Ordinance No. ll Section 2. Acceptance of Said Dedication and Convevance. That the Town of Vail doeg hereby duly accept and confirrn and ratify the dedication on behalf of the public for the public purpose of all roads, streets, circles, drives, public ways and rights of way located and shown on said plats for VaiI Village, First to Seventh Filings inclusive, and the resubdivision of Vail Village, First Filing of Block 5 and part of Gore Creek Drive and the resubdivision of a part of Tract A of said Vail Village, First Filing, covering property now located within the rnunicipal lirnits of said Town, as they appear in it! records of the Recorder for Eagle County, State of Colorado, including, but not lirnited to streets, public ways, roads, drives, circles, rights of way and by whatever term said roads, streets, public ways and rights of way are thereon designated. There is specifically excluded frorn said dedication to the public and said conveyance any right in any easernent acroE s private property frequently shown on said plats by use of dotted lines and referred to as utility easernents in the front, rear or along side boundary lines of said private lots. VaiI Associates, Inc., specifically dedicated to the public its rights in and to property located within an inner circle shown on the plat at the intersection of Bridge Street and Hanson Ranch Road. Section 3. C ornrnon Uee. That said public ways, including all easernents roads, streets, drives, circles and of ingress and egress pertinent thereto public Page 4 - Ordinance No. ll for public roads, as well as the right to the use of said rights of way for utilities eubject to the restrictions as reserved by Vail Associates, Inc., or its predecessor requiring said utility cornpanies to place their facilities underground without any obligation on the Town of Vail to pay any exPense of installing such underground facilities, and subject to such restrictions as rnay be made and placed thereon by the Town of Vail are hereby accepted, ratified and confirrned by the Town of Vail and are also hereby acknowledged to be for the comrnon good and public use for roads, streets and public ways. - +.! Section 4. Public Need. That said roads, streets, public ways' circles, drives, rights of way for road purposes are reguired for ingress and egress by the citizens of the Town of Vail and by the Town of Vail in performance of its municipal services and functions for said municipality and said requirements for the Town of Vail are necessary to perforrn local functions and not related to interstate cotrurre rce or transportation. Section 5. Ernergencv. The Board of Trustees hereby finds, determines and declares that an ernergency exists because of the recent creation of the Town and the need for the establishrnent, creation, dedicatioa and accePtance of said streets, roads, public urays, drives, circles, rights of way for public use for road purposes and for the Town of Vail, and that this ordinance is necessary for the imrnediate protection and preservation of the public health Page 5 - Ordinance No. II safety, convenience and general welfate. Section 6. Effective Date. This Ordinance shall be in full force and effect at the earliest legal date after its approval by the Board of Trustees alrd the Mayor and final publication or posting as Prescribed by law. Section 7. Safetv Clause. The Board of Trustees hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, prornote-lt prosperity, irnprove the morals, order, cornfort and convenience of the Town of vail and the inhabitants he reof. Section 8. Sevetabilitv. It is the intention of the Board of Trustees that this Ordinance or any part or provision thereof, shall be consideted severable' and if any provision of this ordinance or the application thereof to any person or circurnstance is held invalid, such invalidity shall not affect other provisions or applications of the O rdinance whicb can be given effect without the invalid provisions of this ordinance are declared to be severable. Finally passed, adopted and approved on this t* dav of \'tr,-r.1964 . (SEAL) Town Recorder SENT Certified Mail Department of C ommunity Deve lopment 75 South Frontage Road Vail, Colorado 81657 970-479-2t 38 FAX 970-479-2452 www.ci.vail.co.us htly 27,2000 Mr. Stephen L. Waterhouse C/O Dunn, Abplanalp & Mauriello, P.C. Attn: Mr. John W. Dunn 108 South Frontage Road West Vail, Colorado 81 657-5087 R. Thomas Moorhead, Town Attomey Sent via certified mail Chief of Planning Town of Vail Re: Illegal Construction at 285 Forest Road/Lot 20, Block 7, Vail Village l"'Filing Dear Mr. Dunn, It is my understanding your law firm represents Mr. Stephen L. Waterhouse. The purpose of this letter is to inform you ofa zoning violation at 285 Ijorest Road/Lot 20, Block 7, Vail Village l't Filing. On July 1 8, 2000, the Town of Vail Community Devclopmcnt Department became aware of a possible violation of the Vail Town Code with regard to a two-car garage recently constructed on the above referenced property. Upon inspection of the property and a thorough review of the approved set of Design Review Board and Building Permit sets ofplans, I have determined that a violation exists. Specifically, the construction of Gross Residendal Floor Area (GMA) undemeath the garage is in violation of Section l2- I l-3 (Design Approval), Chapter l7 Variances, and Section 12-6D-6 (setbacks). The zoning violation must be resolvcd. Upon rcceipt of this lctter, please contact me within frve business days so that we may schedule a meeting to discuss this matter in greater detail. Failure to respond within ' the prescribed timeframe may result in the issuance of a summoru to appear in municipal court. I can be reached most easily by telephone at 479-2145 or by mail at the address listed above. Sincerely, {g *"**or r"" Crvro ntc THIS MATTER coming on.for trial on Town of Vail ('lhe Town'), the 18* day of Jul ' Esq. and Defendants appearing by R. Thomas testimony and having ionsidered the exhibits admitted herein makes the following findings of fact and conclusions of law. ! ?00t1 District Cotut, Eagle County, Colorado 885 Chambers Av. P.O. Box 597 Eagle, Colorado 81631 (970)328-6373 A COURTUSEOI\LY^' STEPHEN L. WATERHOUSE and LINDA L. WATERHOUSE, Plaintiffs, Y. TOWN OFVAIL, a municipal corporation, and GARY GOODELL, as building official of the Tolvn of Vail, Defendants. John W. Dunn, Atty. No. 1421 DT]NN, ABPLA}.IALP & MAI.JRIELLO, P.C. I 08 South Frontage Road West, Ste. 300 Vail, Colorado 81657 Telephone: (970) 476-0300 Attorney for Plaintiffs R. Thomas Moorhead, Atty. No. 22445 Town Attorney, Town of Vail, Colorado 75 South Frontage Road Vail, Colorado 81657 Telephone: (97 0') 47 9-2101 Attorney for Defendants. Case Nrunber 00CY2l2 Div.:Ctrm.: FINDINGS OF FACT, CONCLUSIONS OF LAW AI\D JT]DGMENT FIFIDINGS OFFACT L Plaintiffs Steven L. Waterhouse and Linda L. Waterhouse are the ownerc of real property located at 285 Forest Road, Vail, Colorado. Vail is a Home Rule municipal corporation and Forest Road, Vail, Colorado by Ordinance No. I l, Series 1997, has been accepted as dedicated to public use for road purposes as required for ingress and egress by the citizens ofthe Town of Vail and by the Town of Vail in performance of its municipal senrices and functions for said municipality. @efendants' Exhibit No. I 3 ordinance No. I l, Series 1967, section 4). 2. The Waterhouses engaged the services of Steven Riden, Architecg to design a garage, patios and walls at 285 Forest Road and to apply for a variance to the zoning coaJrequirement of a twenty-foot setback to build a garage within three feet of the property line. 3. The Waterhouses engaged the services of Neil Wurmlinger, Peak Builders, LLC to apply for Building Permit No. B99-0164 and to construct a garage at 2g5 Forest Road. 4. Peak Land Consultants, Inc. was engaged as the surveyor for the project. 5. On April 12, 1999, the Planning and Environmental Commission for the Town of Vail approved a variance for the constmction of a garage on l,ot 20, Block 5, Vail Village 1"t plling, to build within three feet of the front property line. This variance allowed the strucnue to encroach seventeen feet into the standard front setback. @efendants' Exhibit No. 2, Planning and Environmental Commission minutes April 12, 1999). 6. The variance was approved with five conditions: "l) The north wall and roof line of the new garage do not extend any closer to mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist. 2) That the site lighting be brought iuto compliance with the Town regulations. 3) That the pier and beam garage foundation and parking space be cantilevered to minimize the site disturbance. ' 4) That the plate height ofthe garage roofbe determined by a reasonable 8-foot garage door. 5) That the garage roofeave does not extend over the front property line into the public right-of-way." @efendants'ExhibitNo. 2, Planning and Environme,ntal Commiision minutes April 12, 1999). 7 - on July 6,1999, Allison ochs approved the plans pursuant to the planning and Environmental Commission's findings which allowed a twenty-foot garage to be built within trvo and a half feet of the property line separating the Waterhouse property from the Town of Vail's publicly dedicated right-of-way. @efendants' Exhibits No. 3 and No. 8). t o 8. On July 21,1999, Building Permit No. 899-0164 was issued to Neil Wurmlinger, peak Builders, LLC. The Building perrrit contained the following conditions" "1. Field inspections are required to check for code compliance. 2. Smoke detectors are required in all bedrooms and on every story as per Section 310.6.1 of the 1997 UBC. 3. A foundation ILC is required due to the fact this project is being build by variance. This ILC must be submitted no later than three weelis after the fouidation is complete. Another ILC is required to check ridge height prior to a framing inspection occu*ng." 9. Neil Wurmlinger, Peak Builders, LLC, for the Building Permit he did not read the con until November 10, 1999, when Charlie Davis, a framing inspection because the ILC had not been submitted for review and approval within three weeks ofthe foundation approval which occurred on september 2g, lggg. 10. The structural plans for the project (Exhibit g), were revised as of August 27,l9gg, clearly depicting a garase having a depth of nearly 22 feet. The Town's copy of thaplarur was stamped as received on August 3l and ns approved on September g. Both tn" u"itoing l department and the deparbnent of community development signed offon the revised structural plans, the latter conditioned on compliance with a hel prer"*ation plan. The plans returned to Peak Builders contained only the approval of the building departmeirt, as is the customary practice. That set ofapproved stuctural plans was also dated septernber g, 1999. 11. The foundation was located by Peak Land Surveying, Inc. based upon measurements tied to the existing residence, rather than to the monumented comers of the lot. y. Foundation approval yas grv€Nr by the Town on September 21,lggg. (Exhibit l0g). That approval contained a notice that conshuctirn be'!er nee preservation on fiIe." "H#ffi:Ts-i"J;**,ffi"#H;'#fT1 and the Town did not issue a stop work *o"i*""uons occurred after September2S'1999' 14. On November 19, 1999, approval was given by the Tou,n to add a stone pillar at the end of a retaining wall encroaching into Forest Road, conditioned on entering into a revocable rigbt-of-way permit. 15. _ Whel framing inspection was called for, the Town required that an ILC be zubmitted. Peak Land Surveying prepared what is titled an "exhibif'dated December 8, 1999, (Exhibit 4)ylig! -l* received by the Town on Decernber L3,lggg,and rejected by the Town on Deceinber 14, 1999, because of the depicted encroachment of the comer oith" ga*ge .7 foot into Forest ? Road. Thereafter Peak Builders was instructed to do no further work. The garage at that time was substantially complete 16. Location ofthe foundation was based on surveyor enor. The error consisted ofthe faih,rre of the survey crew to tie their measurements to existing survey corners. (The survey supervisor responsible for the survey error was discharged by Peak Land Surveying.) 17. on January 18,2000, the community development department requested the Town couttcil to consider but deny permission for the corner of the garage to be located within the right-of-way for Forest Road. @xhibit 109). 18. Plaintiffs became aware of the Town council's decision the next day. Over the three tnonths following, Plaintiffs met with various persons, including a first meeting with Sam Ecker of Peak Land surveying, and sought to resolve the resulting problem. At a meeting on May 2, 2000, Plaintiffs submitted an offer to the Town council to purchase the land underlying the corner of the garage for $1,000, based upon an appraisal. (Exhibit 110). Greg Hall, the Town's director of public works, advised the council at the meeting that the encroachmeirt did not constitute an obstruction or hazard to maintenance or public use of Forest Road. A motion to allow a revocable right-of-way permit for the consideration of $30,000 was made by a council metnber. Because one council member was absent and vote tied three to three, the proposal was not passed. 19. Forest Road, between its intersection with Vail Road and the Properly, is encroached upon by improvements on eleven out of nineteen lots. All of those encroachments are more exterrsive than .7 foot. @xhibits 127,128). 20. The plans approved by the Town on September 8, I 999, (Exhibit 8), depict headers for a door on the lower level. Approval of the foundation of the lower level was given by the Town's building inspector after inspections on September 2l and 28, 1999, at times when the configuration of the lower level, including the framed-out location of the door and awindow, readily visible. While there was testimony in the course of the Town's rebuttal and not in its case in chief that the presence of the door and the configuration of the lower level violated Town ordinances, the Court makes no finding in that regard inasmuch as those ordinances were not tendered as exhibits. 21. The cost to move the garage so as to cause it to be located in accordance with the approved plans and so as to have the same functional capability will be approximately $280,000. (Exhibit 125). Testimony to the contrary by Defendant, Gary Goodell, was based only on a drive-by inspection of the garage without seeking further details of desigl and construction and not on the information available to, and reviewed by, Plaintiffs' expert and therefore was not credible. In addition, if Plaintiffs were required to move the garage or otherwise correct any non-compliance with approved plans, there will be a period of time when the Plaintiffs' r-esidence next to the garage will again be unusable due to conshuction work blocking access. 22. The garage itselfpresents no obstruction ofForest road or hazard to the public, either by allegation of the counterclaim or as a matter of the evidence. Any hazard created by a car backing out of the garage, as was testified to by Greg Hall, already exists by virtue of hees and other growth adjacent to the garage, and would in any event not be sigrrificantly alleviated were the garage to be moved. 23. The location ofthe garage at variance from approved plans resulted entirely from surveyor error, and the Plaintiffs are innocent parties in that regard. CONCLUSIONS OFLAW The Court concludes that, based upon Golden Press. Inc. v- Rvlands. 124 Colo. 122,235 P-2d 592 (1951)' the Town is not entitled to a mandatory injunction requiring Plaintiffs to remove the garage from the right-of-way. While Golden Press did not involve a public right-of- way, the Court concludes that permitting the garage to remain in its preseirt location will not cause an obstruction ofForest Road or any hazard to the public and notes that the Town's counterclaim alleges only that the garage encro y concludes that any encroachment was innocent costs of the removal of it far to the Town. The Court also concludes that the fact of an I in nature, gve,n the limitation of 9 n-s S 38-51-108(2)(a)(tr) of rhe accuracy of location of property comers in the area. Based upon a weighing of the equities, as perrnined by Hargeaves v. Skrbina 662p.Zd 1078 (Colo. 1983), the Court concludes that the Town is not entitled to a mandatory injunction ordering Plaintiffs to bring the garage into compliance with approved plans. ttre dlviations from the approved plans far outweighs any benefit to be obtained by the correction, particularly the condition ofthe variance that the roofeave not project into the right-of-way. The Court rejects the authority cited by the Town, Flinn v. Treadwell. 120 Colo. lI7,2O7 P -2d 967 ( I 949). That case was relied upon by our coud of appeals in HarEreaves v. Sl<rbina 635P.2d221(Colo.App.198l),whichdecisionwarireversedbyoursuprernecourt,662P.2d 1078 (Colo. 1983). Flinn accordingly is no longer good law on the issuC of balancing of equities in the enforcement ofsetback provisions and other zoning regulations. Assuming, without at this time deciding, that an encroachment onto the Town's property in fact_exists, this is an appropriate case in which to conclude that violation of auy rights of the- Town be compensated by an award of darnages. Golden press. 23s p.zd, at 595. tti court therefore concludes that the Town has an adequate re,medy at law. IT IS TIIEREF'ORE ORDERED, ADJUDGED AND DECREED that the Town's second Claim for Retef is dismissed. IT IS FURTHER ORDERED, pursuant to C.R.C.P. 106(a)(2), rhat plaintiffs are permifted to occupy and use the garage located on Parcel A, Lot 20, Block 7, Vail Village, First Filing, Town of Vail, County of Eagle and State of Colorado, and to convey the some as an appurtenance to their property. o IT IS FURTHER ORDERED that the Town may set a trial setting conf€rencc to set for trial its First Claim forReliof. o DATEDfiIIS e1 DAY OFNO\|EMBE& 2000. . BYTIIECOIJRT: District Court ludge { CERTIFICATE OFMAILING I hereby certiff that I have, onthis Z 1 aay of y' ",4 ^b e - -2000, mailed atnreand correct copy of the foregoing oRDER by u.s. Mail, postage prepaid, to the following: John W. Dunn DUNN, ABPLA].IALP & MAURIELLO, p.C. 108 South Frontage Road West, Ste. 300 Vail, Colorado 81657 R. Thomas Moorhead Town Attorney, Town of Vail, Colorado 75 South Frontage Road Vail, Colorado 81657 JOHN W. OUNN ARTHUR A, ABPLANALP, JR. OIANE H. MAURIELLO INGA HAAGINSON CAUSEY OF COUNgEL: JERRY W. HANNAH Law Orr rceg DuttN, AepLeNaLP & MAURIELLo, P.C. A PROFESIIIONA CORI'OIIATION WESTS?AR BaNK BUtLDtNG roa Sourn FRoNTAGE Rolo Wesr Sutre soo VarL, CoLoRAoo at€E7 TELEPHONE:(970) rr76-0300 FACSIMILE: (97 0r 476-47e5 highcountrylaw.com emdl willaw@wil.nct CERTIFIEO LEGAI A9SISTAIIIS KAREN M. OUNN, CLAS JANICE K, SCOF|ELO, CLA Julv 28. 2000 George Ruther, AICP Chief of Plarming Town of Vail 75 South Frontage Road Vail. Colorado 81657 Re: Stephen L. Waterhouse and Linda L. Waterhouse Dear George: This will acknowledge receipt of your letter of July 27 , 2000 . Please refer to my letter of July 25,2000 to Gary Goodell. Yours very truly, DIINN, ABPLANALP & MAURTELLO, P. C. kem cc: Mr. and Mrs. Waterhouse ffi6TJUL3lZOOO Law OFFrcEs Dur.rN. AepLaNeLp & MAURtELLo. P.C. JOH N W. OUNN ARTHUR A. AAPLANALq JR. OIANE H. MAU R IELLO INGA HAAGENSON CAUSEY OF COUiISEL: JERRY W. HAN NAH WESTSTAR BANK Bu rLDr NG roa Sourn Feoxnce Rono Wesr SurrE 3oo VltL, Colonaoo a resz July 25, 2000 TELEPHONE: (97O) z+76-O3OO FACSIMILE: (97 0) 476-4765 highcountD/lalv,c€m +mail vaillar,v@vail.net cEilrarED LEoat AssrSlanrt KAREN M. OUNN, CLAS JANTCE K. SCOFTeLO, CLA Gary Goodell, Building Official Tow'n of Vail 75 Frontage Road West Vail CO 81658 VIA CERTIFIED MAIL Dear Gary: As you know, we represent Stephen L. and Linda L. Waterhouse' owners of a residence at 285 Forest Road, legally described as Parcel A, Lot 20, Block 7, Vail Village First Filing. On July 24,2000 a building inspector posted a stop work order on those premises, alleging that the lower level of the structure does not conform with approved plans. The purpose of this letter is to appeal that determination and the posting of the notice to the board of appeals, pursuant to the Uniform Building Code. Please advise of any necessary fees or other submittals in connection with such an appeal. Yours very tnrlY, DUNN, ABPLANALP & MAURIELLO, P.C. jrvd:ipse cc. Mr. Moorhead Mr. Waterhouse , IN THE DISTRICT COURT, COLINTY OF EAGLE, STATE OF COLORADO Case No. 00 CV 212 SUBPOENA DUCES TECUM STEPHEN L. WATERHOUSE; and LINDAL. WATERHOUSE. Plaintiffs, vs. TOWN OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. THE PEOPLE OF THE STATE OF COLORADO: TO: ALLISON OCHS, Town of Vail, Colorado You are ordered to attend and give testimony in the District Court of Eagle County, Colorado at 0885 Chambers Avenue, Eagle, Colorado, on July 18, 2000, at 9:00 a.m. as a witness for Plaintiffs, in an action between Stephen L. Waterhouse and Linda L. Waterhouse, Plaintiffs, and Town of Vail and Gary Goodell, Defendants, and also to produce at this time and place the documents and things listed on Exhibit "A." attached hereto and made a part hereof. DATED this 27th day of June, 2000. ohn W. Dunn. No. 1421 08 S. Frontage Road W., Suite 300 ail CO 81657 (970) 476-0300 Attomeys for Petitioner RETURN OF SERVICE STATEOFCOLORADO ) ) ss. COLINTY OF EAGLE ) I declare under oath that I served this subpoena to produce on Allison Ochs in Eagle County, Colorado on ,2000, at o'clock, _ M. at the following location: by handing said document to and leaving it with I am over the age of l8 years and am not interested in nor a party to this case. Signed under oath before me on Name 2000. Notary Public My commission expires: EXHIBIT"A" 1. Staffreport dated March 26, 1990, re: A request for a setback variance for the consfuction of a gaxage on Lot 20, Block 7, Vail Village l" Filing. 2. Minutes of Plarming Environmental Commission, March 26, 1990. 3, Construction Permit No. 0449 dated July 5, 1990, for Tufo Garage Addition. 4. Staffreport dated April 12,1999, re: A request for a variance to the front setback, to allow a new garage located at 285 Forest Road/Lot 2},Yail Village 1't. 5. Minutes of Plaruring Environmental Commission, Apil 12,1999. 6. Agenda, Town Council Work Session April 20, 1999. 7. Staffreport dated January 18, 2000, re: A discussion on the use ofpublic right-of-way for an already constructed garage located at 285 Forest Rd./Lot 21, Vail Village I't. 8. Staffreport dated May 2,2000,re: A discussion on the purchase of public right-of-way for an already constructed garage located at 285 Forest Rd./Lot 21, Vail Village I't. o IN THE DISTRICT COIJRT, COI.JNTY OF EAGLE, STATE OF COLORADO Case No. 00 CV 212 Division L o PLAINTIFFS' DISCLOST]RE OF E)(PERT WITNESS STEPHEN L. WATERHOUSE; and LINDAL. WATERHOUSE. Plaintiffs, vs. TOWN OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. COME NOW the PlaintiffS by their attorneys, Dunn, Abplanalp & Mauriello, P.C. and disclose pursuant to C.R.C.P. 26 (a)(2) the following expert witness. i. Loren D. Flick, P.E., Wiss, Janney, Elstner Associates, Inc.,425l Kipling Street, Suite 310, Wheat fudge CO 80033, 303-422-5404, is a structural engineer who has evaluated the cost of relocating the garage so as to comply with the plans approved by the Town of Vail. Mr. Flick will testify in accordance with his report, a copy of which is attached. DATED the l3th day of July, 2000. D , ABP ALP & MAURIELLO, P.C. By: 108 Frontage Road West, Suite 300 (970) 476-0300 Attomeys for Plaintiffs CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that a copy of the foregoing was hand delivered to counsel ofrecord the l3th day ofJuly,2000. 2 Headquarters Notthbtuo4 IL Ottices Arlanta Chicago Claeland Dallos Denvcr Darcit Hot ttort N.w York Scaxle wothingoa DC Wiss, Janney, Elstnet Associates, tnc. A rchite c ts, M aterials Scie ntists Via Facsimile 9704'1 64'1 65 Mr. Stephen Waterhouse c/o Dunn, Abplanalp & Mauriello, P.C. Attn: Mr John W. Dunn i08 Sourh Frontage Road West Vail, Colorado 81657-5087 Estimared Cosr to Relocate Residential Garage at 285 Forest Road, Vail, Colorado WJE No. 2000.23'I'1 Dear Mr. Dunn: Per our proposal of June 30, 2000, we have developed an estimare of the cost to relocare the residenrial garage at 285 Forest Road in Vait, Colorado. Tiidestimate is based on moving the gar^ge r.disrance of approximately 2 feet,7 inches back onto the propeny to conect an encroachmenr issue. This lerter contains our cost estimare and the basis of the estimate. The scope of our evaluation process in developing the cosr estimate was as follows: l. We visired rhe propeny on June 22, 2000 and July 10, 2000 ro observe conditions, make relevant measurements, and take photographs a.nd notes. On rhese visits we met wirh you and/or Mr. Neil Wurmlinger, the contractor who built rhe garage and the surrounding landscaping and pavements. Among other thing, we discussed the as-built constnrcrion derails and the approximate cost of rhe original work with Mr. Wurmlinger. 2. To become familiar with the general narure of rhe desrgn and constnrction details, we reviewed relevant portions of rhe originai design drawings you provided ro us. 3. Based on the above and our engineering experience, we evaluated the most cost-effecrive way to move the garage and developed a conceptual plan to move the garage and restore all of the affected surrounding landscaping and pavements. 4. We retained the services of a contractor specializing in strucrural repair work, Resrruction Corp., to assist us _in developing estimated costs for our conceptual plan. We met with Restruction Corp. in our offices, discussed the project, made them familiar wirh the as-built conditions and site conditions by reviewing the photos urd drawings together, and discussed rhe details of what would be required to move the building. They then developed a cost esrimare to perform the work, and we reviewed and finalized their estimate with them. Our cost estirnate is based on a number of assumptions, of which the more significant are as follows: 4251 Kipling Strcet, Suirc 310 Wheat Ridgc, CO 80033 42?-5404 fax: (303) 423-9047 Re: t http://www.wjc.com July 13, 2000 The quality of the construction of the relocated garage will match that of the existing garage. Wlss, Janne5 Elstner Associateq Inc Mr. Stephen Waterhouse c/o Dum, Abplanalp & Mauriello, P.C. rounded to the nearest $5,000: * Arch., engin., survey, testing, and inspection: * Permit, and demolition and disposal costs: i Remove two large trees (if allowed) and reforest: * Re+stablish landscaping and irrigation: * New concrete footings urd walls: * New snowmelted concrete floor slabs on both levels' and waterproofing of uPPer floor: I New stone veneer: {' Electrical: July 13,2000 Page 2 j. The amenities of the relocated garage will match those of the existing garage. These anenities include, but are not limited to, the following: a. smowmelted segmental pavement system beMeeD the garage and the street. b. Smowmelted concrete flooring in the upper level (where vehicles park) and the lower level. The upper level also has Binrthene sheet waterproofing under the concrete flooring slab. c. Snowmelted steps and lower level pavement' d. 30-inch wide side enlrance door into the upper level, and 36-inch door into the lower level. e. The overhang of the back walt of rhe upper floor of the garage is venically aligned with a landscaPed wall below. f. All affected landscaping and sprinkler systems' s. The stone walls and associated foundarions near the side entry door into the upper level. Based on the above, we evaluated a number of ways that the work could be accomplished, and what ponions of the existing consrruction could be salvaged in a cost-effective manner. In our opinion, the most cost-effective way ro move the garage back approximately 2 feet, 7 inches would be to demolish the garage and rebuild it. Items that would make economic sense ro salvage and re-use would be limited to the boiler for the snowmelt systems, all doors, and removable We estimated the cosr ro demolish the garage and rebuild it to be approximately 5280,000, rounded to the nearest 510,000 ro reflect rhe approximate nature of the estimate. This estimate was based on the following breakdown, $ 10,000 $ 50,000 $ 10,000 s 15,000 $ 45,000 s 20,000 $ 25,000 $ 5,000 Wlss, Janney, Elstner Associates, Inc Mr. Stephen Waterhouse c/o Dum, Abplanalp & Mauriello, P.C. July 13,2000 Page 3 Construct wood-framed floor and suDerstrucrure: Eanhwork: Underground udliries: Repair adjacenr snowmelted stai$ and masoffy pavements: Plumbing of boiler and snowmelr sysrens: Miscellaneous concrete work: APPROXIMATE TOTAL: WISS, JANNEY. ELSTNER Loren D. Flick, P.E. Consultant s 25,000 s 15,000 $ 15,000 s 30,000 $ 10,000 $ 5.000 $280,000 We understand from Mr. Wurrrlinger that the cosr in 1999 of consrrucring the garage, demolishing an older existing garage, and installing the snowmelted masonry pavemenrs and landscaping exceeded $300,000. We believe the cost to demolish the presently existing garage, reconstruc! ir, and restore all rhe affected laadscaping and snowmelted pavements should be similar to the cost of thr 1999 work. Thus, we believe rhat rhis verifiis the reasonableness of our $280,000 esrimate. Our cost estimate was based upon a conceptual plan and a limited knowledge of as-built conditions and soil propenies. Should authorization be given to move the gange, the work should be done in accordance with drawings and specifications prepared by an architect and sructural engineer. The cost of performing de work per those drawings and specifications will vary from our presenr cosr estimate, as will bids receiveJ by qualiired contractorS. Sincerely, %'**S D. 4.; 24fil,;? , Elstner Associates, Inc. Loren D. Flick Senior Engineer Education Aizona State Univeniry B.S. Civil Engineenng 1977 O Hahoma S tate U n ivenity M-5. Strucrural Engineenng 1978 Beg:stratlon Structural Engineer in Colorad.o and Oklahoma Prior Experlence Prior to joining WJE, Mr. FIick served as a structural and geotechnical engineer for I0 years with Amoco Production Company and consulting structural engineering firms. His experience included extensive research, design, project management, and economic analyses associated with offshore structures and offshore field engineering programs, along with the design and evaluat.ion of industrial, commercial and residential structures. WJE Expedence Since joining WJE in 1988, Mr. FIick has conducted hundreds of investigations of unusual structural, architectural and materials problems with buildings and structures. Typical investigations have involved deficiencies in seismic resistance of buildings; damages resulting from disasters such as earthquakes, torna- does, wind and hail storms, fire and construction failures; deterioration of parking structures, plazas and masonry pavements, building facades, roofs and reinforced concrete structures: and structural problems resulting from structural and foundation movements. He has designed repairs, prepared contrdct documents, and p rovided project managemcnt services for a number of repair, renovation or new consrruction projects. These projects have included releveling and restoring a large municipal bus faciliw originally built on a landfill which had settled excessively; repairing a 30-story build- ing damaged by impact from a falling construction crane; repairing failed structur3l components. constructing improvements, and correcring seismic deficiencies in large industrial facilities; repairing leakage and deterioration in outdoor plazas and parking garages; lifting and repairing a multi-story condominium structure which had suffered excessive foundation move- ments; reanchoring a failed masonry facade to a l7-story building; and designing unusual steel and concrete structures for use in industrial and transportation applications. Publlcations and Protesslonal Activities Mr. Flick has published a number of papcrs and proprietary research and engrneenng reports on toplcs ln tne fields of structural, geotechnical and materials engineering. The topics have included lateral stabil- ity of concentric tubular column systems, fatigue life of welded tubular joins, finite element analysis of welded tubular joint behavior, failure of masonry pavements, corrosion of reinforcing steel in concrete srructures, installation and drivability of deep piles, dynamic response of slender columns subjected to hammer impacts and random wave loadings, novel designs of unique steel frames and timber structures for the oil industry, lateral response of deep pile foundations, and studies of moored vessel performance in seas and in drifting ice. His research activities have required extensive development and usage of a variety of finite element analysis computer programs to study the static and dynamic response of structures and structural connections. IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLOMDO Case No. 00 CV 212 Division L DEFANDANTS TO\AN OF VAIL, a municipalcorporation; and GARY GOODELL, as building officialof the Town of Vail, PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW. AND JUDGMENT STEPHEN L. WATERHOUSE; and LINDA L. WATERHOUSE, Plaintiffs. VS. TOWN OF VAIL, a municipalcorporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. Defendants, Town of Vail ('Vail") and Gary Goodell, by and through counsel, R. Thomas Moorhead, Town Attorney for Vail, Colorado, submit their proposed Findings of Fact, Conclusions of Law, and Judgment: Based upon the testimony presented and exhibits admitted into evidence at the trial in this matter held July 18, 2000, the Court makes the following findings of fact, conclusions of law, and judgment: FINDINGS OF FACT 1. Plaintiffs Steven L. Waterhouse and Linda L. Waterhouse are the owners of real property located at 285 Forest Road, Vail, Colorado. Vail is a Home Rule municipalcorporation and Forest Road, Vail, Colorado by Ordinance No. 11, Series 1997 has been accepted as dedicated to public use for road purposes as required for ingress and egress by the citizens of the Town of Vail and by the Town of Vail in performance of its municipal services and functions for said municipality. (Defendants' Exhibit No. 13 Ordinance No. 11, Series 1967, Section 4) 2. The Waterhouses engaged the services of Steven Riden, Architect, to design a garage, patios and walls at 285 Forest Road and to apply for a variance to the zoning code requirement of a 20 foot setback to build a garage within three feet of the property line. 3. The Waterhouses engaged the services of Neil Wurmlinger, Peak Builders, LLC to apply for Building Permit No. 899-0164 and to construct a garage at 285 Forest Road. 4. Peak Land Consultants, Inc. was engaged as the surveyor for the project. 5. On April 12, 1999, the Planning and Environmental Commission for the Town of Vail approved a variance for the construction of a garage on Lot 20, Block 5, Vail Village 1" Filing, to build within three feet of the front property line. This variance allowed the structure to encroach seventeen feet into the standard front setback, (Defendants' Exhibit No. 2, Planning and Environmental Commission minutes April 12, 1999). 6. The variance was approved with five conditions: "1) The north wall and roof line of the new garage do not extend any closer to mature evergreen tree than the existing garage's wall and roof line, unless approved by a professional aborists. 2) That the site lighting be brought into compliance with the Town regulations. 3) That the pier and beam garage foundation and parking space be cantilevered to minimize the site disturbance. 4) That the plate height of the garage roof be determined by a reasonable 8-foot garage door. 5) That the garage roof eave does not extend over the front property line into the public right-of-way. (Defendants' Exhibit No. 2, Planning and Environmental Commission minutes April 12, 1999)" 7. On July 6, 1999 Allison Ochs approved the plans pursuant to the Planning and Environmental Commissions findings which allowed a twenty foot garage to be built within two and a half feet of the property line separating the Waterhouse property from the Town of Vail publicly dedicated right-of-way. (Defendants' Exhibits No. 3 and No. 8) 8. On July 21, 1999 Building Permit No. 899-0164 was issued to Neil Wurmlinger, Peak Builders, LLC. The Building Permit contained the following conditions: "1. Field Inspections are required to check for code compliance. 2. Smoke detectors are required in all bedrooms and on every story as per Section 310.6.1 of the 1997 UBC. 3. A foundation ILC is required due to the fact this project is being build by variance. This ILC must be submitted no later than three weeks after the foundation is complete. Another ILC is required to check ridge height prior to a framing inspection occurring." 9. Neil Wurmlinger, Peak Builders, LLC, admitted that even though he signed personally for the Building Permit he did not read the conditions and was unaware that an ILC was was required until November 10, 1999 when Charlie Davis, Vail Building Department, denied the request for a framing inspection because the ILC had not been submitted for review and approval within three weeks of the foundation approval which occurred on September 28, 1999. 10. On December 13, 1999 an ILC prepared by Peak Land Consultants, Inc. was submitted and revealed that the garage was built over the property line .7 of one foot. (Defendants Exhibit No. 4) 11. A review of the Building Permit and the actions taken by the Town of Vail pursuant to the permit establishes that there have been no inspections after September 28, 1999. (Defendants Exhibit No.6) 12. Steven L. Waterhouse admitted that Steven Riden, Architect, and Neil Wurmlinger, Peak Builders LLC, were his agents and acting on his behalf throughout the approval and construction process. Mr. Waterhouse wanted a larger garage than was approved by the Town of Vailthrough the variance process. lt was not until January 2000 after the garage was substantially complete that Mr. Waterhouse first became aware that there were encroachments by other properties onto Forest Road by way of revocable permits to erect or maintain improvements on a public right-of-way. 13. Based upon a review of the approved plans (Defendants Exhibit No. 8) and the testimony of Allison Ochs and George Ruther there has been no application or approval for:o A variance to encroach further into the front setback.o Gross residentialfloor area in the front setback. (Lower level improvements)o Door on the north elevation of the lower level.r A building permit for the improvements in the lower level construction which include a room with a 8-foot distance from floor to ceiling, a finished concrete floor and a heating system (snow melt system) in the floor. 14. The revised structural plans submitted by Waterhouse (Plaintiffs' Exhibit 122) are incomplete and do not contain architectural drawings. Sheet S 1 under "General Requirements" contains the direction to "check all dimensions against all architectural drawings prior to construction. Do not scale drawings." Sheet S 2 reveals that there is no door in the lower level on the north elevation. Sheet S 3 reveals that the Waterhouses have scaled the dimensions contrary to the general requirements found on Sheet S 1. Sheet S 3 shows the lower level to be backfill and not a finished floor. 15. The testimony of Gary Goodell, Vail Chief Building Official established that there is an availabb construction remedy. The front wall facing the street and side walls are of wood frame construction with wood siding. lt is feasible to remove a sufficient amount of the structure to eliminate the current encroachment onto the Town of Vail owned public right-of-way. The front wall containing the garage door is a gabled end wall and thus is not a bearing wall, so there is not significant concern regarding a foundation to support the gabled end wall. The garage structure can be shortened to come within compliance of the approved plans and to remedy the present encroachment. This opinion is based upon Mr. Goodell's training and experience as a building official and his personal examination of the structure in question. 16. The Plaintiffs have offered testimony by Loren D. Flick, P.E., as to his proposed construction remedy and costs. This opinion was based upon the desires of Mr. Waterhouse and not the plans as approved by the Town of Vail. His opinion is based upon replacing a structure that is larger than the approved plans, contains improvements in the lower level that were not approved including a thirty six inch door into the lower level on the northern elevation, and a snow melted concrete flooring in the upper level and the lower level. The Court rejects Mr. Flick's opinion as a valid construction remedy to bring the garage within compliance of the approved plans. 17. Greg Hall, Vail Public Works Director, based upon his training, education, experience, and personal knowledge at Forest Road established the necessity for maintaining an adequate setback from the public right-of-way and the requirement to control ingress and egress on behalf of the public for the public purpose of safety and welfare. CONCLUSIONS OF LAW 1. A trespass is any entry upon the real estate of another without the invitation or permission of the person lavrrfully entitled to the real estate. Plotkin vs. Bub Valencia Condominium Association. lnc. v., 7 17 P.2d1027 (COLO. 1 986) 2, For the purpose of promoting health, safety, morals or the general welfare of the community,....the governing body of each municipality is empowered to regulate and restrict the height, number of stories, and size of buildings and other 4 structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaoes, the density of population, the height and location of trees and other vegetation, and the location and use of buildings.. .31-23-301 C.R.S. 3. Plaintiffs cannot secure redress from their own violation of the law by claiming another is also violating it. Roeder V. Miller, 412 P. 2d 219,222 (COLO. 1966) citing Flinn v. Treadwell , 207 P. 2d 967 (COLO. 1949) 4. Ordinance which requre structures to be setback from the property line are a vafid exercise of police power. City of Leadville v. Rood, 600 P. 2d 62,63 (COLO. 1979) citing Flinn v. Treadwell , 207 P.2d 967 (COLO. 1949) 5. The 1997 Uniform Building Code as adopted by the Town of Vail at Section 106.4.1 requires that all work regulated by the Uniform Building Code be done in accordance with the approved plans. 6. The 1997 Uniform Building Code at Section 3201 requires "no part of any structure or any appendage thereto, except signs, shall project beyond the property line of the building site, except as specified in this chapter." 7. The garage has been constructed in violation of the Uniform Building Code as adopted by the Town of Vail. 8. The garage has been constructed in violation of the plans approved for Building Permit 899-01 64. 9. The garage has been built in violation of the conditions contained in Building Permit No. 899-0164. 10. The Doctrine of Estoppel does not apply in this case where the municipality is enforcing its regulations as provided in it's zoning ordinances and building code. '11. The Doctrine of Estoppel does not apply where the Plaintiff was unable to establish any knowledge of, let alone reliance upon, other encroachments in the area until after substantial completion of the garage. 12. The Doctrine of Estoppel does not apply where the evidence has established the carelessness of the Plaintiffs in their anxiety to have the garage located and constructed to suit their conveniance and were careless about the conditions on the Building Permit and the welfare of others in maintaining the approved setback from the property line. Flinn v. Treadwell,207 P.2 967 (COLO 1949) 13. The Doctrine of Laches does not apply as the evidence established that the Town of Vail notified the Plaintiff on November 10, 1999 that it was out of compliance with its building permit condition for an ILC and has consistently advised Plaintiff since the submission of the ILC on December 13, 1999 that the building has not been constructed pursuant to the approved plans, the Town of Vail zoning regulations or the building code. 14. The Doctrine of Clean Hands does not apply based upon all of the exhibits and testimony in regard to the Town of Vail's action to administer this building permit. And such a doctrine does not apply to the circumstances of other structures in the area. Accordingly, the Court ADJUDGES, DECLARES, AND DECREES, that: The encroachment of the garage onto the Town of Vail dedicated right-of-way constitutes trespass for which the Town of Vail is entitled to damages yet to be determined; that a mandatory injunction shall issue requiring Plaintiffs to remove their garage in a manner to conform with the Town of Vail approvals, the Town of Vail's zoning ordinance and the building code. WHEREFORE, Defendant Town of Vail prays that the Court enter the above Findings of Fact, Conclusions of Law and Judgment and such further relief is the Court deems appropriate dated this 28th day of July, 2000. 75 South Frontage Road W. Vail. CO 81657 CERTIFICATE OF MAILING I certify that a true and correct copy of the foregoing Defendants Proposed Findings of Fact, Conclusions of Law and Judgement was deposited in the US Mail this 28th day of July, 2000, Postage prepaid, addressed to the Following: John W. Dunn 108 South Frontage Road W. Suite 300 Vail, CO 81657 Respectfully submitted, R. Thomas Moorhead, Town Attorney o IN THE DISTRICT COURT. COLINTY OF EAGLE. STATE OF COLORADO Case No. 00 CV 212 SUBPOENADUCES TECUM STEPHEN L. WATERHOUSE; and LINDAL. WATERHOUSE. Plaintiffs, vs. TOWN OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. THE PEOPLE OF THE STATE OF COLORADO: TO: ALLISON OCHS, Town of Vail, Colorado You are ordered to attend and give testimony in the District Court of Eagle County, Colorado at 0885 Chambers Avenue, Eagle, Colorado, on June 19, 2000, at 9:00 a.m. as a witness for Plaintiffs, in an action between Stephen L. Waterhouse and Linda L. Waterhouse, Plaintiffs, and Town of Vail and Gary Goodell, Defendants, and also to produce at this time and place the documents and things listed on Exhibit "A." attached hereto and made a part hereof. DATED this 14th day of June, 2000. DUNN,ALP & MAURIELLO. P.C. W. Dunn. No. l42l S. Frontage Road W., Suite 300 (970) 476-0300 By: Attomevs for Petitioner EXHIBIT "A'' l. Staff report dated March 26, 1990, re: A request for a setback variance for the construction of a garage on Lot 20, Block 7, Vail Village l't Filing. 2. Minutes of Planning Environmental Commission, March 26, 1990. 3. Construction Permit No. 0449 dated July 5, 1990, for Tufo Garage Addition. 4. Staffreport dated April 12, 1999, re: A request for a variance to the front setback, to allow a new garage located at 285 Forest Road/Lot 20,Yail Village l"'. 5. Minutes of Planning Environmental Commission, Apil12, 1999. 6. Agenda, Town Council Work Session April 20, 1999. 7. Staff report dated January I 8, 2000, re: A discussion on the use of public right-of-way for an already constructed garage located at 285 Forest Rd./Lot 21, Vail Village I't. 8. Staff report dated May 2,2000, re: A discussion on the purchase of public right-of-way for an already constructed garage located at 285 Forest Rd./Lot Zl,Yail Village 1". RETURNOF SERVICE STATEOFCOLORADO ) ) ss' CoUNTYOFEAGLE ) I declare under oath that I served this subpoena to produce on ALLISON OCHS in Eagle County, Colorado on June , 2000, at o'clock, _ M. at the following location: by handing said document to and leaving it with I am over the age of 18 years and am not interested in nor a party to this case. Signed under oath before me on Name 2000. Notary Public My commission expires: { IN THE DISTRICT COIJRT, COTINTY OF EAGLE, STATE OF COLORADO Case No. 00 CV 212 Division L PLAINTIFFS'PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW STEPHEN L. WATERHOUSE; and LINDA L. WATERHOUSE. Plaintiffs, vs. TOWN OF VAJL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. THIS MATTER coming on for trial on the Second Claim for Relief of the Defendant, Town of Vail ("the Town"), the l8th day of July, 2000; Plaintiffs appearing by John w. Dunn, Esq. and Defendants appearing by R. Thomas Moorhead, Esq.; the Court having heard the testimony and having considered the exhibits admitted herein, makes the following findings offact and conclusions oflaw on the following issues as set forth in the pleadings: a. Whether Defendant is entitled to a mandatory injunction ordering Plaintiffs to remove the encroaching structure from Town of Vail property and to bring that structure into compliance with approved plans (Counterclaim, para. l6) b. Whether any encroachment is permitted by actions of the Town's Planning and Environmental Commission ("PEC') taken in 1990 (Reply to Counterclaim at para. 2). c. Whether the Town's counterclaim is barred by the Town's laches or absence of clean hands or by estoppel (Reply to Counterclaim, Third through Fifth Defenses). d. Whether the Town has an adequate remedy at law (Reply to Counterclaim, Sixth Defense). FINDINGS OF FACT 1. Plaintiffs are the owners of Parcel A, a resubdivision of Lot 20, Block 7,Yall Village First Filing, Town of Vail, County of Eagle, State of Colorado, located at 285 Forest Road (l'the Property'), having purchased the Property from Peter Tufo on May 28, 1998 (Exhibit tzr). 2. Plaintiffs engaged the services of Peak Builders LLC and Neil Wurmlinger to demolish the existing garage on the Property and to construct a new garage in its place. 3. On April 12,7999, the PEC approved a variance to the front setback to allow construction of the garage within the setback, which approval included the condition that the garage roofeve not extend over the front property line into the public right-of-way (Exhibit 106). That approval was called up by the Town's council and the granting of the variance affirmed (Exhibit 107). 4. A building permit was issued to Peak Builders on July 2l , 1999, which contained a requirement that an improvement location certificate ("ILC') be submitted to the Town no later than three weeks after completion of the foundation for the strucfure. Such requirement was based upon a written policy of the Town (Exhibit 104) that, when a setback variance had been granted, an ILC be submitted to the Town within three weeks of approval of the foundation and that, if the ILC was not received and approved within three weeks, the Town "will issue a Stop Work Order and no work will be allowed until the ILC is reviewed and approved." 5. Plaintiffs were away from Vail from March until August and had never reviewed the initial plans when snow was not on the ground. Because construction would have made it impossible to use the residence in August, it was determined to delay start of construction until September. When Plaintiffs inspected the site in August, they became aware that a critical tree behind the garage entered the ground about ten feet lower than was thought when snow was on the ground. This knowledge changed the dynamics of the configuration of the garage so as to avoid damage to the root structure of the tree. Subsequent discussions between Plaintiffs and a planner, including two meetings on site and discussions at the Town offices, led to staff agreement to a revised plan for the structure of the lower level and enlargement of the garage to about 22 feet in length. That agreement was conditioned upon submittal of structural drawings using a cantilevered wall structure and an arborist's confirmation that the tree was likely to survive. 6. The strucnual plans for the project (Exhibit 8), were revised as of August 27, 1999, clearly depicting a garage having a depth ofnearly 22 feet. The Town's copy ofthe plans was stamped as received on August 3l and as approved on September 8. Both the building department and the department of community development signed off on the revised structural plans, the latter conditioned on compliance with a tree preservation plan. The plans returned to Peak Builders contained only the approval of the building department, as is the customary practice. That set of approved structural plans was also dated September 8, 1999. The as-built dimensions of the garage are in compliance with those approved plans. The necessary confirmation by the arborist that the tree behind the garage was likely to survive, dated August 25,1999, is not relevant to the length ofthe garage and could not reasonably be relied upon by the Town as detracting from the approved, full-sized drawings. 7. Pursuant to agreement with Peak Builders, the foundation was located by Peak Land Surveying, Inc. based upon measurements tied to the existing residence, rather than to the monumented corners of the lot. 8. Foundation approval was given by the Town on September 21, 1999 (Exhibit 108). That approval contained a notice that construction be 'per tree preservation on file" but made no requirement with respect to submittal of an ILC. 9. Framing and electrical and mechanical work continued thereafter. The Town's building inspectors were on the site at various times after the three-week period within which an ILC was required to be submitted by Town policy, but the Town did not issue a Stop work Order. 10. On November 19,1999, approval was given by the Town to add a stone pillar at the end of a retaining wall encroaching into Forest Road, conditioned on entering into a revocable right-of-way permit. Such a permit was entered into, but it was not tendered as an exhibit. 11. When framing inspection was called for, the Town requested that an ILC be submitted. Peak Land Surveying prepared what is titled an "exhibit" dated December 8, 1999, (Exhibit 4) which was received by the Town on December 13,1999, and rejected by the Town on December 14, 1999, because of the depicted encroachment of the comer of the garage .7 foot into Forest Road. Thereafter Peak Builders was instructed to do no further work. The garage at that time was substantially complete. 12. Location of the foundation was based on surveyor error, responsibility for which was fully assumed by Peak Land Surveying. The error consisted of the failure of the survey crew to tie their measurements to existing survey comers. However, those comers were not original corners, and numerous errors with respect to other corners within the subdivision do exist. The "exhibit" submitted to the Town was not intended to be accurate beyond a margin of error of plus or minus one foot. The survey supervisor responsible for the survey error was discharged by Peak Land Surveying. 13. On January 18,2000, the community development department requested the Town council to consider but deny permission for the corner of the garage to be located within the right-of-way for Forest Road (Exhibit 109). Without notice to Plaintiffs and without Plaintiffs being present or providing any input, the council refused their permission. 14. Plaintiffs became aware of the Town council's decision the next day. Over the three months following, Plaintiffs met with various persons, including a first meeting with Sam Ecker ofPeak Land Surveying, and sought to resolve the resulting problem in a reasonable fashion. At a meeting on May 2,2000, Plaintiffs submitted an offer to the Town council to purchase the land underlying the comer ofthe garage for $1,000, based upon an appraisal (Exhibit 1 10). Greg Hall, the Town's director of public works, advised the council at the meeting that the encroachment did not constitute an obstruction or hazard to maintenance or public use of Forest Road. A motion to allow a revocable right-of-way permit for the consideration of $30,000 was made by a council member. Because one council member was absent and the vote tied three to three, the proposal was not passed. 15. Forest Road, between its intersection with Vail Road and the Properry, is encroached upon by improvements on eleven out of nineteen lots. All of those encroachments are more extensive that .7 foot (Exhibits 127 , 128). on May 2, lggg, the encroachment of a garage at 165 Forest Road over 7 feet into the right-of-way was permitted pursuant to a deed of easement, terminable only upon cessation of the use of the garage (Exhibits I I 3, I I 5- 1 I7). ln addition, the driveway for that properfy includes a concrete wall that extends approximately twenty feet into the right-of-way 16. On March26,1990, the PEC ganted a front setback variance to Plaintiffs' predecessor conditioned on a revocable righrof-way permit being obtained "for any and all improvements on Town right-of-way" @xhibit 102). The site plan attached to the application depicts encroachments by two retaining walls, an entryway and a heated driveway (Exhibit 101)l 17. A "Revocable Right-of-Way Permit to Ereci or Maintain a Structure on a Public Right-of-Way" dated April 16, 1990, was entered into between Peter F. Tufo and the Town, which permit by its terms is assignable and which permit has not been revoked (Exhibit 103). 18. The plans approved by the Town on September 8, 1999, (Exhibit 8) depict headers for a door on the lower level. Approval of the foundation of the lower level was given by the Town's building inspector after inspections on September 21 and 28, 1999, at times when the configuration of the lower level, including the framed out location of the door and a window, was readily apparent. Later inspections were conducted when those items were complete and readily visible. While there was testimony in the course of the Town's rebuttal and not in its case in chiefthat presence ofthe door and the configuration ofthe lower level violated Town ordinances, the Court makes no finding in that regard inasmuch as those ordinances were not tendered as exhibits. The Court does nevertheless find that any violations of the Town's ordinances were known to the Town no later than october 15, 1999, and not acted upon. 19. The cost to move the garage so as to cause it to be located in accordance with the approved plans and so as to have the same functional capability will be approximately $280,000 (Exhibit 125). Testimony to the contrary by Defendant, Gary Goodell, was based only on a drive-by inspection ofthe garage without seeking further details ofdesign and construction and not on the information available to, and reviewed by, Plaintiffs' expert and therefore was not credible. In addition, if Plaintiffs were required to move the garage or otherwise correct .my non- compliance with approved plans, there will be a period of time when the Plaintiffs' residence next to the garage will again be unusable due to construction work blocking access 20. The garage itself presents no obstruction of Forest Road or hazard to the public, either by allegation of the counterclaim or as a matter of the evidence. Any hazard created by a car backing out of the garage, as was testified to by Greg Hall, already exists by virtue oftrees and other growth adjacent to the garage, and would in any event not be significantly alleviated were the garage to be moved. 2l . The location of the garage at variance from approved plans resulted entirely from surveyor elror, and the Plaintiffs are innocent parties in that regard. Plaintiffs have gained nothing from the fact that the foundation was located in eiror. CONCLUSIONS OF LAW 1. remove the encroaching structure from Town propetv. The Court concludes that, based upon Golden Press, Inc. v. Rylands,124 Colo. 122,235 P.2d 592 (1951), the Town is not entitled to a mandatory injunction requiring Plaintiffs to remove the garage from the righrof-way. While Golden Press, Inc. did not involve a public ' right-of-way, the Court concludes that permitting the garage to remain in its present location will not cause an obstruction of Forest Road or any hazard, to the public and notes that the Town's counterclaim alleges only that the garage encroaches onto Town properfy. The Court particularly concludes that any encroachment was innocent in nature and de minimis in extent and that the cost of the removal of it far outweighs any inconvenience to the Town. The Court also concludes that the fact of an encroachment is itself doubtful in nature, given the limitations of C.R'S. $ 38-51-108(2Xa)(II) and the uncertainty of the accuracy of location of properry comers in the area. 2. whether the Town is entitled to a mandatory injunction orderins Plaintiffs to ure into compliance with approved olans. Based upon a weighing of the equities, as permitted by Hargreaves v. Slcrbina, 662 P.2d 1078 (Colo. 1983), the Court concludes that the Town is not entitled to a mandatory injunction ordering Plaintiffs to bring the garage into compliance with approved plans. The violation of the conditions of the variance was innocent in nature, and the cost of correcting any deviations from the approved plans far outweighs any beneht to be obtained by the correction, particularly the condition ofthe variance that the roofeve not project into the right-of-way. Further, with respect to any encroachment, the Town failed to timely enforce its own requirement of the submission of an improvement location certificate within three weeks of foundation approval. Further, throughout the construction period until the submission of the ILC, the Town's building inspectors were on site to inspect the work being done and the Town's planners issued further design change approvals without raising questions. Finally, the Town has failed to explain why nonconforrnance issues other than the location and length ofthe garage were not even suggested by the Town until their presentation of rebuttal testimony. The Court rejects the authority cited by the Town, Flinn v. Treadwell,l20 Colo. 117,207 P.2d967 (1949). That case was relied upon by our court ofappeals in Hargreaves v. Skrbina,635 P.2d 221 (Colo. App. 1981), which decision was reversed by our supreme courl, 662 P.2d 1078 (Colo. 1983). Flinn accordingly is no longer good law on the issue of balancing of equities in the enforcement of setback provisions and other zoning regulations. J. Environmental Commission ("PEC') taken in 1990. The Court concludes that the minimal encroachment of the garage into the right- of-way is permitted by the March 26, 1990, PEC's granting of a front setback variance to Plaintiffs' predecessor conditioned on a revocable right-of-way permit being obtained "for any and all improvements on Town right-of-way" (Exhibit 102) and the subsequent entry into a "Revocable Right-of-Way Permit to Erect or Maintain a Structure on a Public Right-of-Way" dated April 16, 1990 (Exhibit 103). The rights of parties to an easement are determined by interpretation of it in accordance with the facts and circumstances of its execution. Lazy Dog Ranchv.TellurayRanchCorp.,965P.2d1229(Coto.1998). Whilethe right-of-waypermitis somewhat difficult of interpretation on its face (referring to retaining walls in one paragraph and to "some walls . . . and some will be added" in another), the site plan and language of the variance approval compel the conclusion that the permit allows encroachment of any and all improvements similar in extent to those depicted in the site plan attached to the application for a' variance. Since the permit is assignable (and was assigned by the deed to Plaintiffs as an appurtenance) and has not been revoked, it must be construed to allow the minimal encroachment of the comer of the garage. A .t. clean hands or by estoppel. The Court concludes that the Town's counterclaim is baned by all of the equitable doctrines pled by the Plaintiffs. The Town has routinely allowed extensive encroachment into the right-of-way of Forest Road and, on one occasion, entered into an easement with a property owner allowing encroachment of a garage by more than seven feet into the right-of-way. This inconsistent treatment of the Forest Road right-of-way is determined by the Court to be such conduct as raises the bar of unclean hands. Further, the granting of the 1990 variance for the Property was motivated at least in part by a policy which l) recognized that the steep topogaphy and heavily wooded slopes along Forest Road caused construction to occur in close proximity to front property lines and 2) promoted the use of garages to relieve on-street parking problems and the aesthetic impacts of surface parking (Exhibit 101 at ILA.1. and 2). There was no showing that the Town had adopted a new policy of uniform application, and the Court concludes that the Town is estopped to enforce a new and different policy against Plaintiffs alone. Finally, the Court concludes that the Town's permitting encroachments into Forest Road by improvements located on the Property for a period of ten years, together with the Town's failure to enforce its own policies and its issuance of approvals for the work that was done, sustains the defense oflaches. 5. Whether the Town has an adequate remedv at law . Assuming, without at this time deciding, that an encroachment onto the Town's property in fact exists, this is an appropriate case in which to conclude that violation ofany rights of the Town be compensated by an award of damages. Golden Press, Inc. v. Rylands, supra, atp. 595. The Court therefore concludes that the Town has an adequate remedy at law. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Town's Second Claim for Relief is dismissed. IT IS FURTIIER ORDERED, pursuant to Rule 106(a)(2), C.R.C.P., that Plaintiffs are permitted to occupy and use the garage located on Parcel A4Lot20, Block 7, Vail Village, First Filing, Town of Vail, Cotutty of Eagle and State of Colorado, and to convey the same as an appurtenance to theh property. IT IS FURTHER ORDERED that the Town may set a trial setting conference to set for tial its First Claim for Relief. DONE the day of 2000. BY THE COLIRT: District Judge CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that a copy of the foregoing was mailed to counsel ofrecord the 28'h day ofJuly, 2000. P-&; - IN THE DISTRICT COURT, COLINTY OF EAGLE, STATE OF COLORADO Case No. 00 CY 212 SUBPOENADUCES TECUM STEPHEN L. WATERHOUSE; and LINDA L. WATERHOUSE, Plaintiffs, vs. TOWN OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. THE PEOPLE OF THE STATE OF COLORADO: TO: ALLISON OCHS. Town of Vail. Colorado Yott are ordered to attend and give testimony in the District Court of Eagle County, Colorado at 0885 Chambers Avenue, Eagle, Colorado, on June 19,2000, at 9:00 a.m. as a witness for Plaintiffs, in an action between Stephen L. Waterhouse and Linda L. Waterhouse, Plaintiffs, and Town of Vail and Gary Goodell, Defendants, and also to produce at this time and place the documents and things listed on Exhibit "A." attached hereto and made a part hereof. DATED this 14th day of June, 2000. DUNN,ALP & MAURIELLO, P.C. . Dunn. No. 1421 (970) 476-0300 Attomeys for Petitioner By: 1Ofi S. Frontage Road W., Suite 300 Vatl CO 81657 EXHIBIT"A'' 1. StaffreportdatedMarch26,1990,re: Arequestforasetbackvariancefortheconstructionof a garage on Lot 20, Block 7, Vail Village 1" Filing. 2. Minutes of Planning Environmental Commission, March 26, 1990. 3. Construction Permit No. 0449 dated July 5, 1990, for Tufo Garage Addition. 4. Staffreport dated April 12, 1999, re: A request for a variance to the front setback, to allow a new garage located at 285 Forest Road/Lot 20,Ya1l Village l't. 5. Minutes of Planning Environmental Commission, Aprll 12, 1999. 6. Agenda, Town Council Work Session Apil20, 1999. 7. Staffreport dated January 18, 2000, re: A discussion on the use ofpublic right-of-way for an already constructed garage located at285 Forest Rd./Lot2l,Yail Village 1". 8. Staff report dated May 2,2000, re: A discussion on the purchase of public right-of-way for an already constructed garage locatedat285 Forest Rd./Lot2l,Yall Village I't. iN THE DISTRICT COI.IRT, COTINTY OF EAGLE, STATE OF COLORADO Case No. 00 CV ORDER TO SHOW CAUSE STEPIIEN L. WATERHOUSE; and LINDAL. WATERHOUSE, Plaintiffs, vs. TOWN OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. oN MOTION of the Plaintiffs pursuant to Rule 106(a)(2), c.R.c.P. IT IS ORDERED that, within rwenry days hereof, the Defendants shall shorv cause why a final certificate ofoccupancy for the garage on Plaintiffs' property should not be issued. IT IS FURTHER ORDERED that hearing on the Defendants' response is set for 9-.-OOA.t,t. on tfr-, nc [Q , 2ooo. DONE ttte [l+l^d^y of May, 2000. BY THE COURT: DAVID R. I-ASS District Judge THE DISTRICT COURT, COT]NTY OF EAGLE, STATE OF COLORADO Case No. 00 CV EX PARTE MOTION FOR ORDER TO SHOW CAUSE STEPHEN L. WATERHOUSE; and LINDA L. WATERHOUSE, Plaintiffs, vs. TOW}I OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. COME NOW the Plaintiffs by their attomeys, Dunn, Abplanalp & Ivlauriello, P.C., and move ex parte, pursuant to Rule 106(aX2), C.R.C.P. for an order directed to Defendants to show cause why they should not issue a final certificate ofoccupancy for a garage located on the property of the Plaintiffs described in the complaint herein; AND AS GROLINDS THEREFOR, state: l. The allegations of Plaintiffs' complaint are incorporated herein by reference thereto. 2. There are present the requirements for mandamus relief set forth in Gramiger v. Crowley,660P.2d 1279 (Colo. 1985), l) that the plaintiff have a clear right to the relief sought, 2) that the defendant have a clear duty to perform the act required and 3) that there be no other available remedy. 3. Particularly, the remedy of mandamus has been used to require building officials to issue permits. Gramiger v. Crowley, supra; Mahnke v. Cougheno ur, I 70 Colo. 61, 458 P.2d 747 (1969). A certificate of occupancy is a permit to occupy and as such falls within that authority. 4. Plaintiffs have no other plain, speedy and adequate remedy at law. If this Court does not exercise its mandamus jurisdiction, Defendants will continue to refuse to issue a certificate of occupancy, precluding Plaintiffs' unencumbered use and ultimate conveyance of the garage as a part of their property. Plaintiffs particularly have no administrative remedy in that the issue is not one of interpretation of the Town's ordinances and Defendant, Gary Goodell, fore has no authority to pass on the question of whether in fact there is an encroachment or, if one exists, whether as a matter of equity, the abatement of it should be required. See Gramiger v. Crowley, suPra, atP. 1281- WHEREFORE, Plaintiffs move 1) that the Court, pursuant to Rule 106(a)(2), C.R.C.P., issue an order to the Defendants to show cause why a Iinal certificate of occupancy for the garage should not be issued and 2) that the Court set a date for hearing on the Defendants' resDonse to such order. ,t t1 DATED the ( a f t day of May. 2000. DT]NN, ABPLANALP & MAIJRIELLO, P.C. 108 Sofoth Frontage Road West, Suite 300 Vail, Colorado 81657 (970) 476-0300 Attomeys for P lainti ffs By: Joh{ W. Dunn, Reg. No. l42l Office of the Tbwn Auorney 75 South Frontage Road Yail, Colorado 81657 97 0-479-2 I 07 /Fax 97 0-47 9-2 I 5 7 John Dunn Dunn, Abplanalp & Mauriello 108 South Frontage Road West Vail. CO 81657 Re: Waterhouse May 12,2000 Dear John, On May 10, 2000 Allison Ochs, Community Development, and I met with you to discuss the review process that took place prior to the Waterhouse garage being built into the Town of Vail right of way. The garage was not built according to the approved plans and is in violation of the Town's Zoaing Code. The Waterhouses have not availed themselves of any administrative remedy to address their problem. Under the circumstances, I believe that any discussion of your suing the Town of Vail on this issue was a waste of time for Allison and I. We agreed to meet with you at your request to explore altematives available to tle Waterhouses. Your propensity to file suit against the Town on any or all issues is counterproductive to our mission. You are free to practice law however you choose. If you are determined to litigate all issues with the Town regardless of merit that is your choice. You should not , however, be surprised that our professional relationship is adversarial. Or, as you describe it, "breaking down." c: Town Council Allison Ochs { ,J {9un"uor^ro .".i'r]t , na'^^2'/ OO 06: l.+p SUtoN coHsul-rFNrs' Ir{c s}5-seis p.1 I I l I I VALUA.TION CONSULTANTS, INC. Rcd Estatc Appniscrs ' Courultaltts ,lE Erst Ecrvcr Crtch Boulcycrd, Suilc 201 P.O. Bor 351 Avo[. Culonildo 816?0 (970) 949-189E fur (e70) 9{9'5376 Malch 27. 2000 lvtr. Johnlll, Dunn Dunn, Abplanalp & Mauriello, P C. Io8 South Frontage Road, #300 Vail. Colorado 81657 R-E: Purcel A, Lot 20, lllock 7, Vail Village Filing f ' 285 Forest Rond' Vtil Dear IvIr. Dunrr. ln response to your request, I have rev'ie',ved a survey depicting the above'referenced pr6perty that *as pr.pared bv Sanruel lI. F-cker on l I - 17-99. The survey shows ilrat a small portion of the improvernents present L1n Site extend acrq5s the ptape rry linc onto thc FOrest Road rightOt'- *uu. \'ou have asked that I examine, in particular, the afca Of the Survey rvhere the southwest cotlncr Ot'thc garag€ enctpashas .7 foor otrto thc roodrvcy, snd that I provide you with rny q;timati'n as ddre apptO*lmate pro-rila doliar connibution thAt this encroaching sqtlare footage of lancl, if inclrrded as a paft ot'tfic subiect site. would niake to the vaiuc of the subject site as if vacant. It appearS that the Atl-eCICd AreA i5 cOIIlPl ised of a right triarrglc that lras perpendicular sides 'rn the order of l0 I'eer by .7 feet, resultirig in arr approximate area of about 3 5 square t'eLr' ffieally, one woulci consider sales Ot'vacant sites that varied nrinirnally in size in order t0 deternrine to rvhat ertent. if a1y, their sales plices varicd in proportion to small sizc differences' While the Saies pnc€s of Sites in the ueerby l:uLest / Rochlcdgc Rond areu do vary in propottton to rSeir sizes, as the size of allowed improvements are ti€d to site size' the available data is insufl:iciently precis.r so as to rn easrlre ihu diff*r"n.e attributable to an arca as stnall as that dcfined aoc.|ue. tt would be my expcctation that therc w'oul<i be no disccrnable difTerence betweerr one neighborhood site ancl another ihat was l 5 sf largcr' all other aspccts being equal Here i; one view, though, toward illustratirrg an approxirnate theoretical valuc i:ontribution in this scenario: Considering the more recent sales of proximal properties improved with obsolete improvements that were -pUrChased for land value, it woukl uppear that thc cntirc l,ot 20 would have an approximati cunerr valu€ in the ra'ge of $3.?00,000 to $3,500,000, as if '-acant, Eagle Counry ,e"ords show that Parc€l A clf the tu6i.tt tit. conlains 6'S65 sf ot' arcq whilc Parcel B contains na. 2.1 OO OGr r4p 5|)roN coNsuLrRNrs, rNc sfu-sazs p.2 7,052 sf'of site are4, Par*l A thel, po$s€sses an elTective 49 3o'lo interest in the entire sire' and Parcei B possesscs the rernaining effestive 50'7% interest' parcel A would theretbrcshow an allocated site value inthe range of$1,577'600 uJ sl'725'500 isi"zoo.ooo s ,493 to g3,soo,ooo x 493), which 5 I per sf of ,it"'ot* Under this pl:ernise, then, the ad<iitionat rvould have a rheoretical value contributiort to the subject s hercin is I he necdsi s rcporL I 3 rcporL: rut uls Lr.rir.t -'_- -rr--t_.-.i-_. Irleasc advise it'l can be of t'unher assistance in this mntter' Vcry nrly yours, SIJL'I'ANTS, INC. C ertitied Ceneral APPiaiser #ccol3 13752 Mar Z? OC 06: l4p fftron coNsuLrBHrs, rNc sSJs-seze CIRTITTICAJION'OI. UT"E AEPRAISEB t certify that, to the best of my knr:wledge and beiief' ' r The suttetncnts of i'sct contained in this feport are r.re and colrect' .thereportcdanalyses'opinions,andconr;lusionsarelirrritedoniybvtherepolled assurnl>tions a.c ii'oiting- ,orldrtions, ancl arc my prcrsor:al, protbssitxal analyscs, opirr.ions. and conclusions. I have no present or pfr)sp@tive intclest in thc propeny that is the subject i:f this report rnvcompcnsationisootcontingerltonanactlonorevent'resuldngfrorntheanalyses, oliiniont, ot conclusions in, or the use ol', this rcport' rhis appraisal assignment was not basecl on a requested rninirnum vaiuatiorl a spcci!.ic r'aluation, or the approval of a loan' my unalyses. opinions and crrrrclu'tirlns rvere developecl' and this report has been prepued. irr ,:^:n{brmity *rrrr ,h. unifbrn Stanriards of'Professional AppraiSal Pracricc lniro tt" Srandards ol'Prot'essi'rral Ethics of the Appraisal lnstttute' the use ot'thiS refort is subjc,ot to the rcquirenents Of lhe Appraisal Irrstitutc rcldtinB tc rcview by its drrly authorized reptrsentatives' I have made a personal inspectiorr of the property that is thc subjecr of tbis report' no one provided significant professional assistance to the persotl signittg tltis rcport' as ol dte dac uf this rcpoG JctTrcy P l"Iaddox' SRA, hts cornpleted the reclurremcnt ot tfugCntgingeducation Program cf the Appraisal Institute' t'Z7 -zee- p.3 o a Jellrey P. Illa<ttlox' SR.{ Certilied General APPraiscr #ccorr i1752 Date TOWN OFVAIL Department of Community Deve lopment 75 South Frontage Road Vail. Colorado 81657 970-479-2138 FAX 970.479-2452 January 26, 2000 Steve Waterhouse 5 Clement Hanover, NH 03755 RE: Variance request for 285 Forest Rd. I Lot20, Block 7, Vail Village 1st Dear Mr. Waterhouse: As you know, the Town Council did not approve your request to use the righfof-way for your garage encroachment. I have withdrawn your application from the Planning and Environmental Commission's agenda until I receive direction from you on how you would like to continue. The Planning and Environmental Commission's previous variance approval allowed for the garage.to be 3.5 ft, from the property line. Any deviation from this approval will need to return to the Planning and Environmental Commission for additional review. lf you would like to continue to pursue a variance, the Community Development Department will need to re-advertise your request according to our publication requirements. You will not need to re-submit an application. However, it takes approximately 3 weeks to publish and notify adjacent property owners, so please keep this in mind when you are ready to continue. Until the situation is resolved, no further building inspections will be completed. In addition, if there is anything that I can do to help in your search for a solution, please do not hesitate to contact me at 970479-2369. Both the Planning Department and Building Department would be glad to discuss any alternatives with you. Sincerelv./t '' .lltt.' /f1 / /ltu04 tffil- Allison Ochs Planner ll Town of Vail {Su"r"uoruo oo oo Law OFFtcES Dut'tN, AepLeNalp & Maunrelto, P.C. JOH N W. OUNN ARTH UR A. AAPLANALF, JR. DIANE H. MAU RIELLO INGA HAAG€NSON CAUSEY OF COIJNSEL: JERRY w' HANNAH wEsrSrAR B.ntx Bu rr-orr.ic roe Sourx FRoNTAGE Roao Wesr Su rrE 3oo VatL, CoLoRAoo 8r657 t\/{4f.h ?n tnnn TELEP HONE:(97()) 476-0300 FACSIM ILE: 1970) 476-4765 highcountylaw.com +ma : varll6{@v6rl.net ceRIrFraD LEC/rL lSSISTANiS KAFIEN M. OUNNI CLAS JAN ICE K. SCOFIELO, CLA Mayor and Town Council Town of Vail 75 South Frontage Road Vail CO 81657 Re: Stephen and Linda Waterhouse 285 Forest Road Lot2l, Vail Village First Filing Dear Mayor Kurz and Council: Linda and Stcve Waterhouse have asked that I assist them in resolving an encroachment issue arising frorn their construction of a new garage at 285 Forest Road. It is my undcrstanding that the Council has previously considered this matter in work session and given staff direction to abate the encroachment. However, the Waterhouses were not aware that the matter was before the Council and therefore did not have the opportunity to present their side of the story. Also, we believe that, were thc Council aware of the circumstances surroundine this matter, they likely would reconsider the direction given. i first wish to emphasize the innocent nature of the encroachment of the garagc 7.5 inches into Forest Road. Peak Land Surveying, Inc., have taken full responsibility for a strrvey error in connection with survey work done in the course of the construction of the garage. The surt,eyor has told Mr. Waterhouse that the survey vrork was dcne by a surveyor who rvas new with the firm at that time and who was immediately discharged. Mr. Waterhouse and his general contractor have considered the proposal of staff, that the garage be altered in such a way that the encroachment is eliminated. It is the contractor's and Mr. Waterhouse's opinion that that remetly would have a detrimental structural effect on the garage and is therefore not feasible. It therefore appears that the only remedy available to resolve the encroachment is the complete removal and reconstruction of the garage. We therefore propose that Mr. and Mrs. Waterhouse purchase from the Town the portion of the right-of-way of Forest Road underlying the garage. Enclosed with this letter is a letter appraisal prepared by Valuation Consultants, Inc., indicating the value of the right-of-way underlying the garage to be in the range of5805 to 5878. Based upon that appraisal, the oo Waterhouses have authorized me to offer the amount of $ 1,000 to acquire that portion of the right-of-way. My clients understand that, if the encroachment can be resolved in the marurer suggested, they will need to apply for an additionai variance and for a resubdivision oftheir property to include the amount conveyed. It is my request that I have the opportunity, along with the surveyor, to meet with the Councii to establish the innocence of the encroachment and the minimal nature of it, particularly in light of other encroachments into Forest Road. Certainly we also are willing to . discuss any counterproposals from the Council. If you feel it is important that Mr. Waterhouse also be present, he would be able to travel from his home in New Hampshire for that purpose on April.25. Thank vou for vour consideration of this matter. Yours very truly, DLINN, ABPLANALP & MALIRIELLO, P.C. John W. Dunn jwd:ipse cc. Mr. and Mrs. Waterhouse Ms. Ochs Mr. Moorhead I A))tsar.- ffiCD JUN O DISTzuCT COURT, COI.INTY OF EAGLE. STATE OF COLORADO Case No. 00 CV 212 DEFENDANT'S RESPONSE TO PLAINTIFF'S EX PARTE MOTION FOR ORDER TO SHOW CAUSE STEPHEN L. WATERHOUSE: and LINDA L. WATERHOUSE. vs. TOWN OF VAIL. a municipal corporation; and GARY GOODELL. as Building Official of the Town of Vail. Defendants. (b 8 200 coME Now the Town of vail Defendants by and through their attomey. R. Thomas Moorhead. Town Attomey for the Town of Vail and iespond to iire Ex parte Motion For order To Shou' cause' The Town of Vail is not required, no. bo., the law prouia.. thar a Certificate of occupancy for the garage located on the properry of the Plaintiff s be issued for the followins reasons: 1' The Town of Vail at Section 10-1-2A of the Town Code has adopted the Uniform Building Code' I 997 Edition by reference. Under the 1997 Uniform Building Code, Section 109- exempts privare garages from being issued a certificate oroccupancy -p".r;il;,'h", Building code the Town of vail does not issue certificat"r oro..ufi*y'fo, priuut" gu.ug.r. 2. On April 12, l999,the planning and Envir Town of Vail approved a variance for the construction 6f a garage ge l r, Filing, Town of Vail to build a garuge to within three feet This variance enabled the structure to encroach seventeen feet (17') into the standard front setback. 3' The Planning and Environmental commission ruling assured that no improv^ements over hung_or extended beyond the properfy line on to Town of vail owned road right-of-way. The specific condition was that the garage roofeves not extend over the front property line into the public right-of-way. Building e.eTrl #89-9-01 64 approved plans allowed for the garage foundation to be built within two and a half feet (2 r/2') oriire propirty line. The building permit had as a O I conclltron ILC is req his project is being built b1,variance. submitted aftei the foundation is complete.Another I heck ridge inspection occurring,,. This condition 5' The work was not completed in accordance with the approved plans and is in violation of Section 106.4.1,1997 Uniform Building Code, as adopt#by the Town of Vail.which states, in part: "Such approved plans and specifications shall not be changed. modified br altered without authorizations form the Building Ofticial. and all work regulatdd by this: code shall be done in accordance with approved plans,,. 6' This work has been completed in a manner that causes the structure to extend beyond the Plaintiffs' property line and encroaches onto land owned by the Town of Vail. This continuing encroachment onto the Town of Vail land was without the consent of the Town and constifutes trespass. 7 ' On two occasions since the occurrence of the trespass on to Town of Vail land and the other violations cited above, the Plaintiffhas appeared before the Vail Town Council to request permission to extend on to the Town of Vail owned property. In both instances such requests were denied. 8' There is an available construction remedy. The front wall facing the street and side walls are of wood frame construction with wood siiing. It is feasible to remove a sufficient amount of the structure to eliminate the cunent encroachmint onto the Town of Vail owned public right-of-way' Additionally the front wall containing the garage door is a gable end wall and thus is not a beari .ificant coicemi"g;rairg u foundation to support the gable end be shortened-to .ori. within compliance of the approved plans an s. WHEREFORE' the Plaintiffs are not entitled to an order that a Certificate of occupancy for the garage be issued as: I ' The law does not provide for the issuance ofa Certificate ofoccupancy for a garage, 2. The Town of Vail has no duty to perform the act requested. 3. The plaintiffs are in violation of the Building Code. 4. The plaintiffs are committing the offense of trespass. 5' There is an available remedy to bring the garage within compliance of the law and to remove the existing trespass. o oateatlis f4 day ofJune, 2000. Respectfirlly submitted, R. Thomas Moorhead, #022445 Town of Vail, Colorad0 Town Attorney 75 S. Frontage Road Vail, CO 81657 Phone (970) 479-2107 CERTIFICATE OF MAILING I herebv certiry that a true and conect copy ofthe foregoing postage prepaid by U.S. Mail on the 6s day of June, 2000 to the followine: John W. Dunn, Reg. No. l42l 108 S. Frontage Road West, Suite 300 Vail, CO 81657 o Dated this 5-tt+day ofJune,2000. Respectfu lly submitted, Town Attomey 75 S. Frontage Road Vail, CO 81657 Phone (970) 479-2107 CERTIFICATE OF MAILING I herebv certiry that a true and correct copy ofthe foregoing postage prepaid by U.S. Mail on the 6h day of June, 2000 to the foitowine: John W. Dunn, Reg. No. l42l 108 S. Frontage Road West, Suite 300 Vail, CO 81657 -' t t4.{' h?Jy - vftTrLH. R. Thoma! Moorhead, #022445 DISTRICT COURT, COLINTY OF EAGLE, STATE OF COLORADO Case # 00 CV 212 ANSWER AND COIINTERCLAIM STEPHEN L. WATERHOUSE; and LINDA L. WATERHOUSE. vs. TOWN OF VAIL. a municipal corporation; and GARY GOODELL, as Building Offrcial of the Town of Vail, Defendants. COME Now the Defendants, the Town of vail, and Gary Goodell, as Building Official of the Town of Vail, by and through their attomey, R. Thomas Moorhead, and state iniesponse to the Complaint as follows: PARTIES AND VENUE l ' The Town of Vail Defendant's are without sufficient information to form a belief as to the truth ofthe allegations contained in paragraph I ofthe Complaint and therefore deny the same. 2' The Town of Vail Defendant's admit the allegations of paragraphs 2 and 3 of the Complaint. 3. The Town of vail Defendant's deny the allegations of paragraph 4 of the Complaint. GENERAL ALLEGATIONS 4' The Town of Vail Defendant's admit that on July 21,lggg,a building permit was issued for the construction of a-gar.age on the property and further aver that the builjing permit had the following conditions which have been violated: ul. Field inspections are required to check for code compliance. 3. A foundation ILC (lmprovement Location Certificate) is required due to the fact this project is being buirt by variance. This ILC must be submitted no later than three weeks after the foundation is complete. Another ILC is required to check ridge height prior to a framing inspection occurring. " 5' The Town of Vail Defendant's deny allegations of paragraph 6 of the Complaint. 6- The Town of vail Defendant's admit that on september 21,lggg,the Town of as it pertained to the construction of. : e Town of Vail Building Department of the foundation which did not d that pursuant to the third condition ofthe approval. tted no later than three weeks after this 7. The Town of the required ILC all requests was thereby required to stop further aver that the Plaintiff completed construction in violation of the Unifo vail, in violation of the approved plans, in violation of the conditions of the building permit, and in violation of the Planning and Environmental lommission approval for the structure. r. I The Town of Vail Defendant's deny the allegations of paragraphs 9 and l0 of the LOmDlalnt. CLAIM FOR RELIEF 9' The Town of Vail Defendants incorporate by reference their answers to paragraphs l.through I0, as they pertain to paragraph r I of the compraint. The Town of Vail Defendants deny the allegations ofparagraphs 12, 13, and 14 of I AFFIRMATIVE DEFENCES Plaintiffs'has failed to state a claim upon which reliefcan be granted. Plaintiffs' claims are barred, limited or otherwise governed by the colorado 9"::-ry:lgt Immuniry Act, Sections 24- I 0- I 0 llhough Section 24_ I 0 _ 1 20 c.R.s. (1998). Plaintiffs lacks standing. Plaintiffs has failed to exhaust its administrative remedies. 10. the Complaint. 2. J. 4. 5. Plaintiffs'claims are bared by the doctrine of unclean hands. 6. plaintiffs'claims are barred by the doctrine of ofrrcial immunity. 7. praintiffs' claims are barred by the doctrine of official immunity. 8. Plaintiffs' craims are barred by absolure legislative immunity. 9. Plaintiffs' claims are barred by absolute quasi-judiciar immunity. l0' Plaintiffs' claims are not well grounded in fact and are not warranted by existing law or a good faith argument for the extension, modification o.."u".rul oi - -' existing law. I I ' Plaintiffs' claims are frivolous and groundless, entitling Town of Vail Defendant,s to attorney's fees, costs and expenses pursuant to C.R.S. Section 13- l7-l0l and c.R.s. 24_10_l l0(s). WHEREFORE, the Town of vail Defendants pray that the Complaint be dismissed, that they have judgment for their costs, including attomeyb fees and expert witness fees, interest and such other and further relief as this court may deem i.op.r. COTINTERCLAIM GENERAL ALLEGATIONS l' This Counterclaim involves the construction of a structure at 2g5 Forest Road,Town of Vail. County of Eagle, State of Colorado. 2. counterclaimant, Town of vair ("the Town"). is a Home Rure Municipal Corporation located in the County of Eagle State of Colorado. 3' Respondents, stephen L. waterhouse, and Linda L. waterhouse, based upon information and belief are the owners of the real property located at 2g5 Forest Road, vail,Colorado. 4' Respondents engaged the services of Peak Builders, LLC to apply for building permit #899-01 64 to erect a new guage,. patios. and walls at 2g5 iorest Road. 5' Building permit #899-0165 was issued on July 21, 1999, to peak Builders, LLC with the following conditions: "l' Field inspections are required to check for code compriance. o 2' lry!: detectors are required in all bedrooms in every ston, as per section 3 I 0.6. I of 1997 UBC. 3' A foundation ILC (Improvement Location Certificate) is required due to the fact this project is bei ng built by variance. This ILC must be submitted no later than three weeks after the foundation is complete. Another ILC is required to check ridge height prior to a framin! inspection occurring. " 6' This building permit was issued pursuant to the Town of Vail planning aird Environmental Commission-approval "rrrt. .*i*aents request to build a garage within 3 f'eet ,of the front property line which is a variance to the required twenty foot (20,) setback. 7 ' The variance was approved with the condition that the garage roof eave not extend beyond the front properry line into the public right_of-way. 8' The building permit #899-0164 was issued pursuant to the planning and Environmental commission approval of with prans approved on July 6, rggg which show the garage structure to be built within two and a half feel2 ttz'S of the property line between the respondents'property and the Town of Vail owned rigirt_of_way. 9' The new garage is substantially complete and is built over the property line onto Town of Vail owned property without the consent of Town of Vail. I 0' The new garage has been constructed in violation of the Uniform Building Code as adopted by the Town of Vail. I 1' The new garage has been constructed in vioration of the plans approved for building permit #B99-01 64. 12' The new garage has been built in violation of the conditions of building permit #899-0164. FIRST CLAIM FOR RELIEF l3' The allegations ofparagraphs 1 through 12 ofthe Counterclaim are incorporated herein by reference thereto. 14. countercraimant is entitled to monetary damages, both compensatory and punitive. for the trespass upon Town of Vail land. SECOND CLAIM FOR RELIEF l5' The allegations ofparagraphs I through 12 ofthe Counterclaim are incorporated herein by reference thereto. t 16. The Counterclaimant is entitled to a mandatory injunction pursuant to Rule 65 ordering the respondents to remove the encroaching structure from Townbf Vail propeny and to bring that structure within compliance with the approved plans. WHEREFORE, crounterclaimant prays for an order for damages. compensatory and punitive,; a mandatory injunction requiring that the encroaching struci.ge be removed from Town of Vail property; that the Town of Vail be awarded its coits including attorney's fees and expert witness fees, interest in such other and further relief as this court may de"m proper. r+4 Dated this @ ' ' day of June. 2000. Respectfully submined, Town of Vail, Colorad0 Town Attorney 75 S. Frontage Road Vail, CO 81657 Phone (970) 479-2107 CERTIFICATE OF MAILING I hereby certifu that a true and correct copy ofthe foregoing postage prepaid by U.S. Mail on the 6'h day of June, 2000 to the followine: John W. Dunn. Reg. # l42l 108 S. Frontage Road West, Suite 300 Vail. CO 81657 R. Thomas Moorhead, #022445 JOH N W. OUNN ARTHUR A. ABPLANALB JR. OIANE H. MAURIELLO INGA HAAGENSON CAUSEY OF COUNSE!i JERRY w' HANNAH Lew Orrrces DuttN, AepLaNRLP & MAURTELLo, P.C. WesrSraa BaNr Bu rr-orua roa SourH FRoNTAGE Roro Wesr Surre goo Vlrr-, Cotonaoo aresz May 25, 2000 TELEPHONE: (970) zl76-0300 FACSIMILE: (97 0) 476-4765 highcounqylaw.com e-mail vqilhw@vail.net CERTIFIEO LEGAL ASSISTAI{TS KAREN M. DUNN, CLAS JAN ICE K. SCOFIELD, CLA Allison Ochs Department of Community Development Towrr of Vail 75 South Frontage Road Vail CO 81657 Re: Stephen and Linda Waterhouse 285 Forest Road Lot2l, Vail Villagc First Filing Dear Allison: It has come to my attention that, when a variance was obtained in 1990, a condition of it was that a revocable right-of-way permit be entered into before issuance of a final certificate of occupancy, so as to permit encroachments into Forest Road. No copy of such a permit appears in the information that I have. I will appreciate your providing me with a copy of ir. I will also appreciate being advised why the existence of the permit (or at least the agreement to it) was never brought to our attention or, for that matter, to the attention of the council. Thanks very much. Yours very truly, UNN, ABPLANALP & MAURIELLO, P.C. { jwd:ipse cc. Mr. and Mrs. Waterhouse Mr. Moorhead W. Dunn firr PISTzuCT COI.]RT, COTJNTY OF EAGLE, STATE OF COLORADO Case No. 00 CV STIMMONS STEPIIEN L. WATERHOUSE; and LINDAL. WATERHOUSE, Plaintiffs, vs. TOWN OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE-NAMED DEFENDAT\TS: you are hereby summoned and required to file with the clerk of this court, an answer or other response to the attached complaint. If service of the summons and complaint was made upon you in the State of Colorado, you are required to file your answer or other response wiinin iO days after such service uPon you. If service of the summons and complaint was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such sewice upon you' If you fail to file your answer or other response to the complaint in writing within the applicable time period, judgment by default may entered against you by the coun for the relief demanded in the complaint without further notice' DATED this l6th day of MaY,2000. DUNN, ABPLANALP & MAURIELLO, P.C. 108 $quth Frontage Road West, Suite 300 (970) 476-0300 By: John tV. Dunn, Reg. No. l42l Attomeys for Plaintiffs ?ffiO,,,OCT CO{.JRT, COUNTY OF EAGLE' STATE OF COLORADO Case No' 00 CV COMPLAINT PURSUANT TO RULE 106(aX2) STEPHEN L. WATERHOUSE; and LiNDA L. WATERHOUSE, Plaintiffs, vs. TOWN OF VAIL, a municipal corporation; and GARY GOODELL, as building official of the Town of Vail, Defendants. COME NOW the Plaintiffs by their attomeys, Dunn, Abplanalp & ivlauriello, P.C., and as their claim pursuant to Rule 106(a)(2)' C'R'C'P', state: PARTIES AND VENLIE l. plaintiffs are residents of the State of New Hampshire and the orvners of the following described real properly located in the Town of Vail, County of Eagle and State of Colorado: Lot20,BlockT,VailVillageFirstFiling,TownofVail,Countyof Eagle and State ofColorado ("the Property")' 2. Defendant, Town of Vail ('lhe Town"), is a home rule municipal corporatton located in the County of Eagle and State of Colorado' 3. Defendant, Gary Goodell ("Goodell"), is the duly appointed building official of the Town of Vail. 4. This is an action against Goodell for a failure to perform an act which he is required by law to perform, and venue is proper in Eagle county pursuant to Rule 98(bX2) GENERAL ALLEGATIONS 5. On July Zl,lggg, a building permit was issued for the construction of a garage on the Property. frr',F 6' praintiffs huy: ng* complered ,l?,rfl"_r",-.epr as to interior componenrs and 'navesubstantially compried with alr ,"quir",o.ni, of the ordinan.", ortr,i-io* in regard .-.:.1 .. .7. On September 21,l999,Defer without conditions. -- -vvlv.ru'r 1t' t>vv' Defendants gave foundation approval for the garage . g. InDecember, 19 "1l1.li:t":ffi,fi:;J;ftiilt* lfi.?:"1Tliff;tJffil,fifesarase g' The aforesaid claim of an encroac\gr.rt is without merit, or the encroachment rs uruntentional and slight ano witrtout enec;;;';, public use of Forest Road. and to issue " oih.?'r?.t#t:fJtrj;:ffiJ.".fl1"- compretion orthe inrerior orthe garage CLAIM FOR RELIEF reference rh.r.;1 ' he allegations ofparagraphs I through l0 are in orporated herein bv l 2' praintiffs have a crear right to issuance of a finar certificate of occupancy. issue a 0"", .ri'';.11""?i1iffi:;:* ro 'n specificaltv enjoin upon Derendants a dug ro 14. plaintiffs have no other plain, speedy and adequate remedy at law. WHER-FORE, plaintiffs pray as follows: De,rendanrs ," ,'n";11'"'l'f#T'ffi'::#:IJ':"ig1{1!a, c:R g p , issue an order to the rssued. --r E '.4r eer,'cale or occupancy for the garage should not be of occupancy a'; rll#!:n hearing' the court order rhat the Defendants issue a finar cenificare 3. For their costs. 4. For such other and further reliefas the Court may deem proper. DATED th" t 6{h,auv of May, 2ooo. f.i qucstionf)l thc Planning Staff at 479-213S APPLICATION FOR PI,ANNING AND ENVIRONMENTAL COMMISSION APPROVAL TOWN OF VAIL CENERAL INFORMATION This application is for any projcct requiring approval by thc Planning and Environmcntal Commission. For spccific infornration. soe thc submittal rcquiremcnh for thc particular approval that is rcqucstcd. Thc application can notbc acccptcd until all rcquired information is submittcd. Thc project may also need to bc rcvicwcd by thc Town Council and,/or thc Dcsign Revicw Board. A. TYPE OF APPLICATION: tr Additional GRFA (250) tr Bcd and Brcakfirst tr Conditional Use Permit tr Major or E Minor Subdivision tr Rczoning D Sien Variancc d vin^n"" tr Zoning Codc Amcndment Maior or E Minor CCI Extcrior Alteration Anrcndmcnt to an Approved Developmcnt Plan Employce Housing Unit (Typc: -) (VailVillage) tr Maior or E Minor CCII Extcrior Altcration (Lionshead) Spccial Developmcnt District Maior or E Minor Amen&ucnt to an SDD B I] tr tr tr 't B. DESCRIPTIONOFTHERBQUqST'. kl-Lo-p GAtt-Aa-t -p At corrSttLvclz{ w tt)-tt) 'F.p-,"tf sc--(te<,t c. D. E. LOCATTON OF PROPOSAL: LOT_a-(2_BLOCK_j?_ FTLTNG ZONINC: NAME OF OWNER(S): L ADDRESS: A 85 Fb\REK\_ BUILDING NAME: ar-Ss. \C MAILING ADDRESS: S I-T-gaaS"r)T f--l$.$.\ruz , u. [q - da?j-]- PHoNE:t - n?r" 9?c ') e o f F. G. OWNER(S) SIGNATURE(S): NAME OF REPRESENTATTVE: MAILING ADDRESS: H. PHoNv 4Vd-RL.o lZ,*/ y'le-"*rn & oo/ FEE - SEE THE SUBMtTrAinrq'UrRElti-ENTS"nOR SUBMIT THIS APPLICATION, ALL ST,BMITTAL RE DEPARTMENT OF COMMTJNITY DEVELOPMENT,75 SOUTH FRONTAGE ROAD, vArr. c(|r.onanf| flt 6<7 € c . r. OA{L1 VAIL, COLORADO 81657, For Officc Use Onlv: FecPaid: Z5D cut: t (t f Apprication D*"' til\fq? Rovicd 6O6 TO: FROM: DATE: SUBJECT: MEMORANDUM Town Council Community Development Department January 18, 2000 A discussion on the use of public right-of-way for an already constructed garage located at 285 Forest Rd./ Lot 21 , Vail Village 1"' Applicant: Steve & Linda Waterhouse, represented by Neill Wurmlinger Planner: Allison Ochs DESCRIPTION OF THE REQUEST AND BACKGROUND A front setback variance was granted by the Planning and Environmental Commission in April of 1999 to allow for the construction of a garage in the front setback. The garage was approved with a 3.5 ft. setback. The request was called up by Council on April 20, 1S99 and the Town Council upheld the variance request. A building permit was issued on July 21, 1999. When the lmprovement Location Certificate was submitted to the Community Development Department on December 13, 1999, the survey indicated that the garage had been built over the front property line and into the public right-of-way due to surveyor eror at construction. The.applicant has applied for another variance, to allow the garage to remain. However, as property owners of the right-of-way, the Town Council must approve the use of the right-of-way prior to the hearing on the variance. The Planning and Environmental Commission memo and minutes on the original variance request have been attached for reference. The application has been schedule for the Planning and Environmental Commission meeting on January 24th tor the variance hearing. Staff will continue to recommend denial on lhe variance request. II. STAFF RECOMMENDATION The Community Development Department recommends denial of the use of the public right-of-way for this private use for the following reasons: . Other requests for use of the public right-of-way for private purposes pior lo construclion have been denied. r The integrity of the right-of-way is compromised. Future road projects and snow removal are potentially complicated.. According to the plans, the garage was supposed to be 3.5 ft. from the property line. Staff believes that it is possible to relocate the garage wiihout compromising the existing vegetation.r Presents a potential traffic hazard. o Fails to meet the Development Standard requiring 24 ft. trom the door of the garage to the edge of pavement. o )Ao a./a VAIL TOWN COUNCIL TUESDAY, JANUARY 1 8, 2OOO 2:00 P.M. AT TOV COUNGIL CHAMBERS AGENDA NOTE: Time of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Inc. 500 (15 mins.) Development of Vail 50 Development of new programs for Information Center Whitewater Park - Gore Creek Promenade. Request to Proceed. (2[mins.) tll Special Even Update a. Summer 2000 Events. b. Jeep Whitewater Festival-Whitewater Park. 1. Concepts 2. Request for RETT funds to investigate / possibilities 9. Community Host Program. a. Introduction of Project Manager. ./ b. Two-minute update on program '3. Visitor Centers a. lntroduction of new manager. b. New programs. c. Advisement on Vail only information booth vs. Vail and WTCB members. Council Orientation - Library. (30 mins.) Alpine Garden - lnformation about the Garden, (30 mins.) A discussion on the use of public right-of-way for an already-completed garage located at 285 Forest Rd. (15 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny the use of public right-of-way for private use. BACKGROUND RATIONALE: A front setback variance was granted by the Planning and Environmental Commission at the May 19, 1999, meeting for a garage to be constructed in the front setback at 285 Forest Rd. A building permit was issued on July 21, 1999. An lmprovement Location Certificate was submitted to the Community Development Department on December 13, 1999, indicating that the garage had been built over the property line and onto the public right-of-way. The applicant is requesting that the garage be allowed to remain. The applicant has applied for an additional front setback variance. However, as the Town of Vail is the owner of the right-of-way, the Town Council must grant permission to allow the garage to be over the property line prior to the Planning and Environmental Commission hearing on the setback. See the attached memo. STAFF REGOMMENDATION: The Community Developrrent Department recommends that the Town Council deny the use of public right-of-way for private use. 1. David Solon 2. Allison Ochs Joel Heath Brent Wilson Nancy Kern Sharon Smith lan Anderson { Annie Fox '(Ry Southard 5. 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Effecrive Dat€; 2. Policiee to be |'A,.LTA " Owner, s l5 5r: J ROM. LANLJ : l ,t.LE ICAGO TJTLII INSURANCE ALTA COMMITM SCHEDUI.,E .A 9 7 94 ',l F;2{35tr coM0 Iir xT .r' Our orcler # V26t-I4o-2 For Information OnIy PCL A, LO'I 20, BITOCK ,/ VAIL $4, 2L0. OO 9100.00 $20.00 $4, 330 .00 4a-^e:1=z t-t-1 €= - EC_ 16. ^ CitargeE * Al.ta Owner policy AIta lrender poliay Tax Report Endorsement 103 -_TOTAL-- THTS IS NOT AN TNVOICE, BUT AI\T ESTIMATE OF FEES. WHEN REFERRING Ig THIS ORDER, pr_,EASE REFERENCE OUR ORDER WO.-vie ir+o-z MAKE CHECKS PAYABIJE TO IJAND TITLE CUENAW'Nb_g6MPAfrY *** rz- / r'b ln =Apri 1998 aE 5;00 p.M. issued, and proposed lrr6ured: Policy LO-I7-92 $2,350,000.00 P4posed Insured: ;,/ STEPHEN L. WAT,ERHOUSE and IJIIIDA rJ. WATERHOUSE 'rAIJTArr Loan poticy 10-1?_92 9L,200,000.00 Proposed Insured: IJ'S' TRUST MORTGAGE SERVICES EOMPAIVY , ltS SUCCEBSOTS aesigms and/or 3.The esE,aEe or lnteresE in t.he lanal EhiB CommitmenE and covereA freiein A Fee Simple described or referred to in 1s: 4.Tit,lLe to t.h ef,feaEiv stsaEe or inEereaE covered hereln ls \hereof, veeted lff\.at t,he PAGE ft DEc-27-99 rS.SCr FROM. LAND TITLE lD' S7g42rar=a SEHEDUTE A Our Order # V26IL4}-2 PAGE 2 f"o*o rrr,,* rNsuRANcE coMpl .A, I,TA COMMITMENT 5. ilirl*l? rererred Eo tn Ehis Commirmenr is described as PARCAL A, A RESUBDrvrsroN oF rJoT_3g._! gcK ?, VAiL VrLrJAoE.FIRST FrI.rNC, _ACCORDiNG-iO-igi- PI.,AT' RE"ORD'Ei' FEBRUARY 1, J-990 =tl=*"o* s2a Ar pAcE 44u, -iouiiiv oF EAci;,-Eieib oF coroiu\Do: c PAGB 2 .,Er_ r,.-:J:-j r:r.5rl| l.r?oM, L'\l,,llj lITLE ItICAGO'frTLE rNSrlR-j--NcE ALTA CO},IMITM SCHEDULE B . SFiCTION ( Except ions ) PACE Orrr Orde r ll V2 6 :I1.4 0 _ 2 3'/O4?t.i?tf54 covfv tr' hT rrr Tire polir:y crr poricies to be issued vrilr conr_ain exceptions to 'he following matE,brs unfess ffre same are disposed of to the satisfaction of the Compant; -- .- I ' ilfrgil: lI":i3;T= or parties in posseesion nor. shown by Ehe 2. XE::IE'::., or craims of easemenrs. nob shown by rhe pui:Iic 3. f)iecrepanciee, conflicEs in boundary lines, shorEage in area,encroachments, and any faccs which a ""ii"ct-".r**V inspectlorr ;,:"li: ij:TH:: wouLd'aiscr6se ana wnicrr-i*" ""r shown by r.he A Any Iien, or righc co a neretofore Or hereafter by che publle records, lien, for 6srvigg5, labor or material furnished, impoeed ny taw i"o'-ii[**no*r, rse claims or other ma.tLers,n Ehe publlc records or ive date hereof but. prior f.o ires of record tor vifue-rriJ reon covered by this 6' Tiffi: ;; :H:";iirl:":::He:: *nt'h are not Ehown as exisrrns 1. Liens for unpaid water and sewer charges, if any. L In addiEion, the owner, s policy wl1l be subject tro Ebe B"illllgF: if any, noEed under iuem one of S6crion t of .echedule e ' ffif.ffiIf;! ilffi-lfiT DUE oR PAYABLE AND AssEsstvrnNrs Nor yl:r cER,r'rF.rED ,ro rHE RIGHT OF PROPRTETOR OF A VEIN OR LODE TO BXTR.AET AND REMOVE HTS ORE TIIEREFRoM sHouLD TfiE SAME eE roilNb ro peNiiRAts-oh- rNTsRsEcyrHE pREMrsEs ii fifi$fi-XfD rN rrNrrsD srArEs p;;i;i.ff necononil--iepil,nuer r+, re23, rN BooK e3 RrGHT oF !{AY FoR DrrcHEs oR eANAr,s coNsrRucTED By THE rrurHoRrry oF r.HE uNrrED srATEs AS RESERVED iw-tnftriD srATEs p.liBwr REcoRDED sepEember. 14,L923, IN BOOK 93 AT PAGE 98. 5 r0. rl. PAGE LIEC-2,' -99 rS,5l I 1-'OM , LAI.ID ?'I i'I_E I tr, , Ft't 64 7E;ZBSzl P/\t; F: 4 O--,.*- .r.-L rLrr ;.NsuftJa.NcF,,,,fr" AI,TA COMM]T,MtrNT I'-CHEDUI_,E B - SECTTON Z (Except ions )Our Order'# vzerrso_z 1'2' REsTRrcrrvE covENANTS wHrcH ?o-Nor coNTArN A F.RFETT'RE oR REVERTER cLAUsE,BUT oMr.rrrNc^REsrRrcrroiiii'rf ry", sAb-Eii-6N nAcE, coI,oR, RtrLrGroN, oR il35i"fli ffir"riI; 1;rlcwiniwio rru inrscnu'aaili n^econnsn Ausr.rs. 10, 1,s62, rN :T3 ' UTTLTTY EASEMEI\N EASEIYENT AIJOTG THE NORTHERLY LOT.-I,TNE AND ]\ PORTION OF' THE +:lfl$ffIiE"t""lfl5rol|fr$E.6ue'ecr pnopi-nfv-fd ssowr.r or' 'iin n-ecbRD'u pLAr oF 14 ' UNDERGRoUND RrGHT oF wAY AND -tlSPyENT As GRANTED To HoLy cRoss ELr:cTRrc AssocrATroN' rNc' rnr rnrsr-niiilENr REcoRD-e-o iirEiiir e, r.ez4 rN edor zrs Ar 'AGE L5' TERM'' coNDrrroNs AND pRovrsroN-s--oF' pARTy *ALIJ A*REEMENT nND DEcLAR.A,,r,roN oF ;3yT+.$inu"?H]rrorvs ervn nninnveiiow-s--nec;iilin F*b,,,*.y 01, 1ee0 rN tsooK 16 ' RrGIrr oF PAssAcE/AccEss EA'EMENT 15 FEET rN wrDTH .A.LoNc 'HE EAs,rER,IJy LoT LINE oF suE..TEcT pnopsniY-jiE-s'xov'tu oN- il,rpn5veiliNT roeATroN cERTrFrcr\TF FREPARED NOVEMBER 15, rSAg_Si' EAGLE VAIiBi'SiiiWVrUC rNC. ''. Xi'3f8fi'I?H."' COTflAINED ON THE FI,,AT RECORDED FEBRUARY 1, :[990 IN :BOOR 522 HIS RESUBDIVISION ARE TO O-FAMILY RESIDENCE AI]I,OWE.I)E GROSS RESTDENTTAIT FLOOR TED BASED oN THE c<ImnrT.IsD 18. EXISTTNG LEASES AI{D TENANCIES. NOTE: IJAND ?TTIJE_ IN RECEIPT OF IMPROVEMENT IJOqATION CERTIFICA'TE PREFARED BY EAGLE vArrLEy sunvnvrrvc,-irc. I,[,ARCI{ 20, 1998 JOB NO. ].350 L9. DEnD oF TRUST P4TED rvlay 28, 1998, FROM L. SATERH'USE To r'e ptr'iii iiusrffi Or E and TJTNDA u.s. rRusr coMpANc or New-ioii, a NEw y 8iErRfi rHE suM oF 91,200,000.00 neconpeo ji"" og, 1e98 659034. .i3l?,"fffififi.%I5gfiT"n+.:_ls:IoNPp^To _u-j:_rlgqr MoRrcAcE sERVrcH.$ coMpANy rN rN Ass TGNMEN'I RECoRDED cune -o i l--i6s i i i"iin'ilil&#i5i'fi8: ;#Xi;: ITEM 1 THROUGH 3 OF THE GENERAIJ ExeEFTIoNs ARE IIEREBY DEIJETED. -..^+C,I €:.1 6- --arq\r O-__.J f-^at C)E t, PAGE =/=* f-,2 PAGE S ALTA COMMI,IMENT SCHEDULE B-SECTION2 (ExcepLions) Our order fr v?6LL4(r_?. r'EM No' 4 oF rHE .ENERAL ExcEprroNs rs DETJETED As ro ANy LTENS Rr:suI,TrNG f:"y"il3:x oR MArERrA,r, covrnacrED FoR oi F[nmisHED Ar rHE REeuEsr oF pErER c:HrcAGo :rrrlE- TNSURAN.E coMpANy 'HALL HAVE No rJr.ABrIJrry,!.oR ANy LrENs.r\RrsrNG FRoM uloRK on vatsnrA;'F"uRNrsHEo ar iis REouEsT oF sTEprrEN L. IIIATERHOU$E and I,TNDA r,.-WntenUOUSE. rrBM Nos' L THRoueH 3 oF Tr{E *ENERAL ExcEprroNs ARE HEREB' DEIJETED. rrEM No ' 4 oF- THE .ENERAL ExcEprroNs rs DEIJETED_A*- To A^ry r,r*Ns REsuLtrNc f,:"#rflS:* oR MArERrAr, con"rnaciep poR on Fuffii;irpn ar rHE REQUE3T oF pErER CHICAGO TITLE--TNSURANCE COMPANY SHAT,T, T,^VE NO LTABILITY FOR ANY IJTENS ARISING FROM WQRK ON UAINNiI'I,-'TUNUTSHSP Ni iiE'REQUEST OF' STEFHEN L. WATERHOUSE and lrrvpe-i. -w-ATERHOUSE. PAGB .7 DEc-2';,-=,= , r!l-rr,oo,t, LAND T.,.LE rD, s, L A *- ; - ;l; " c u A R A N r r'"ff':*r,,, n A N y 6 DI SCIJOSURE S.I,ATEMENT Required by Senat,e Bitl 9t_j"4 A) Hl3.:*i:ct real properbv mav be Locatled i. a special raxiils. B) A Cert'ificate of Taxes Due lis'ing each taxing jurisdi.ctio'mav be ob.alned rrom Ehe councy r;";il;e;-"i"En* counEy Treaeurer, 6 authorizea igerr[. C) Tlre informat:,,r such, -aG; iil,:'fl:l"iF""iFi*:l fis:'1,::""31:o'lF E:xilcl*rriee igHl::i:ners, *re cL,,,,iy-Er""i-J"A-i;;;H";l-o. rr," counly Requlred by SenaEe BitI 92_143 A) A CerrificaEe.o!-Taxes Due listing eacrr E,axi,ng jurisdiction sharr be obraineo rrorn Eir" c"nnry-ri..""il;-;; rhe cauncy Treasurer, s authorizea ag-"c. - tl i 75 S, Frontage Road Vail, CO 81557 make checks payable to the TOWN OF VAIL 1 0000 3141110 1 0000 314 1112 Unitorm Buildino Code - 1997 - Volume 1&2 001 0000 3141112 Uniform Buildino Code - 1997 - Volume 3 001 0000 314 1112 001 0000 314 1112 International Mechanical Code - 1998 001 0000 s14 1112 Uniform Mechanical Code -1997 001 0000 314 1112 001 0000 3141112 001 0000 3141112 Abatement of Danoerous Bldo.'s 1997 100003141112 Model Enerov Code - 1995 1 0000 3141112 of Revisions to 1997 Uniform Codes 1 0000 3141112 1 0000 314 121 1 1 0000 314 1111 Lionshead Master Plan ($1.80/$1 .50 1 0000 314 1111 1 0000 314 1111 001 0000 315 3000 001 0000 311 2300 lPlan Revieu/ Re-check 001 0000 001 0!00 Tom of Uail ffi unn, r$!gr$FJF* ffiiJr,ffi*, g-01 0,09! ^__D€..S[Rrsrr0t oTy oflr{r Ip ill l91tg JHq IREIflIE FE r ri$.ifi iirv cx -got goc PEA{ BI|ILDERS 001 0oo, | 0EHnmff REfl-EsT 001 000 tX l4S{ |ei0.e0 #i+33 ffi: |ilffrn TrE: 16:$]:47 IHF-cEq---- --"-'--i*s.eo 001 000 mmr-irtrnro ooi ooc Tl#t{ Yul FoR YIUR pRYEIfi: 001 000U J | | ;lcuu rz-urure !,vee 001 0000 3 19 3100 F:/Ev€q/one/Fomslsdssacl.exe oo lo Design Review Action Form TOWN OFVAIL Project Name: Waterhouse Project Number: PRJ99-0281 Project Description: Addition of stone piilar at parking platform Owner, Address, and Phone: Steve and Linda Waterhouse 5 Clement, Hanover, NH ArchitecVContact, Address, and Phone: peak Builders, LLC. 1000 Lionsridge Loop Rd., Vail, CO 81657 476-3220 Project Street Address: 285 Forest Legal Description: Lot 20 Block 7 Vail Viilage Filing I Pucel Number: 2101-071-130-40 Comrrrents: BuildingName: Waterhouseresidence Motion by: Seconded by: Vote: Conditions: Board/Staff Action Action:staff approved with condition Refurn revokable right-of-way permit Town Planner': Allison Ochs Date: lll1-9l99 Prqect Name: Waterhouse Document2 DRB Fee Paid: o TOWN OF VAIL Project Name: Waterhouse garage window Projea Number: PRJ99-0281 Project Description: window to be installed in lower wail of garage Owner, Address, and Phone: Steve and Linde Waterhouse 5 Clement, Hanover, NH Architect/Contact, Address, and Phone: Peak Builders, LLC. 1000 Lionsridge Loop Rd., Vail, CO 81657 476-3220 Project Street Address: 285 X'orest Legal Description: Lot 20 Block 7 Vail Vitlage Filing I Parcel Number: 2lOl-071-130-4O Comments: Design Review Action Form BuildingName: Waterhouseresidence Motion by: Seconded by: Vote: Conditions: Board/Staff Action Action: staff approved with condition new window shall compliment existing windows Town Planner: Ann Kjerulf Date: 09/27199 Project Name: Documentil DRB Fee Paid: $20.00 Waterhouse garage window l:-F tF eucstiorrs? On. rr,r,#^t!3ri:#/, r.t APPLICATION FOR DESICN REVIE}V APPROVAL CENERAL INFORMATION This application is for any projcct rcquiring Dasigrr Rcviov approval. Any projcct rcquiring dcsigrr rcvicrv nrust rcccivc Dcsign Rcviov approval prior to subnritting for a building pcrnrit. For spccific infomration, scc thc subrnittal rcquirctltcnts for thc particular approval that is rcqucstcd. Thc application cannot bc acccptcd until all rhc rcquircd irtlbrntatiorr is subrtrittcd. Thc projcct nray also nccd to bc rcvicrvcd by thc Torvn Council and/orthc Planningand Elt virott tttcttra I Corttlttission. Dcsign Rcviov Board approval cxpircs onc ycar aitcr final approval unlcss a r building pcrmit is issucd ancl construction is startcd. A. DESCRIPTION OF THE REQUEST: TOWN OFVAIL B. c. D. E. PI.fYSICAL ADDRESS: PARCEL #: ZONING: F. \J. 'e1ol - 0000000000000000 " i-l30 -+a(Contact Eagtc Co. Asscssors officc at g:lo-]lz|-B64ofoiparccl #) NAME OF OWITIERTS): MAILINC ADDRESS: OWNER(S) STGNATU RE(S) : NAME OF APPLICANT: MAILING ADDRESS: TYPE OF REVIEW AND FEE: E Nov Construction - $200 Construction of a nerv buildinc. PHONE: t/+t,' ,asa ( r) E Ad)*non - 550 Includcs anyaddition rvhcrc squarc footagc is addcd to any rxidcutial or ,/ conrrncrcial building. tr4'linor Altcration - $20 lncludcs nrinor changcs to buildings and sitc inrprovcnrcnts. such as, . r;croofing. painting, rvindorv addition5. lardscaping. fcnccs and rc[aining rvalls. ctc. DRBfccsarctobcpaidatthctintcofsubnrittal. Latcr.rvhcnapplyingforabuildingpcnuit.plcascidcntiff tltc accuratc valuation of thc projcct. ThcTorvnof Vail rvilt adjustthc fcc according to thc projcct valuation. PLEASE SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREIVENTS AND THE FEE TO THE . DEPARTMENT OF COIVIMUNITY DEVELOPNIENT, ?5 SOUTH FRONTAGE ROAD. VAIL, COLORADO 8I657. o LIST OF PROPOSED MATERIALS CQ,LOR:' Roof Siding Othcr Wall Matcrials Fascia Sotlits Windows Windorv Trinr Doors Door J'rinr Harrd or Dcck Rails Flucs Fllslrings Chiruncys Trash Enclosurcs Crccnhouscs Rctaining Walls Extcrior Lighting*+ Other + Pleasc spccifl' thc nrnnufacturer's color, number and attach a snlall color chip ++All cxtcriorlightingnrustrneetthcTown'sLightingOrdinanccl8.54.050(J), Ifexteriorlightingisproposed, plcasc irrdicatc thc nurtrbcr offixhrrcs and locations on a scpararc lighting plan- Identifi cacft-n*t'rie type and provide thc height abovc gradc. luntcns output. lunrinous arca. and attach a cut shcct ofthe lighing fixtures. I Jn,!,rted 6 /o7 t-. \R SH INELES :R FLAgIIINO 2x.t CEDAR ?xlO CEDAR :DAIR COflbEL CEDAR TRIM TINO HOUSE LZS XzBa<f EAST-"EI,EVATION \\\a, Pes-ru,i:s +# g 1?. - 6l b+6sv= B\riunezs li .\!i j!,-_.t !/t i^;.._,F:.t-\, Design Review Action Form TOWN OF VAIL Project Name: Waterhouse Garage Project #: PRJ99-0146 Project Description: Patio/Landin g/Stair Addition Owner, Address, and Phone: Steven Waterhouse 5 Clement Hanover, NH 03755 ArchitecVContact, Addrcss, and Phone: Steven Riden PO Box 3238 Vail, CO 81658 949-412r Project Street Address: 285 Forest Rd. Legal Description: Lot 20, Block 7, Vail Village l't Parcel Number: 2101-071-130-40 Building Name: Comments: Received variance by PEC Revisions per plans dated8l27l99 Motion by: Seconded by: Vote: 4-0 Conditions: Board/Staff Action Bill Pierce Action: Tom Weber Approved with conditions l) 2) That the rail on the east be wood rather than stone (per previous Design Review Board approval). Must be constructed in accordance with the tree preservation plan through t'A Cut Above tr'orestry." Town Planner: Brent Wilson Date: 919199 DRB Fee Paid: $50 Project Name: Waterhouse Garage VAILDATA\EVERYONE\DRB\APP ROV ALS \ I DRBAP PR\WATERH OUS to p o Design Review Action Form TOWNOFVAIL Project Name: Waterhouse Garage Project #: PRJ99-0146 Project Description: Minor alteration to garage plan Owner, Address, and Phone: Steven Waterhouse 5 Clement Hanover, NH 03755 ArchitecUContact, Address, and Phone: Steven Riden PO Box 3238 Vail, CO 81658 949-4121 Project StreetAddress: 285 Forest Rd. Legal Description: Lot 20, Block 7, Vail Village l't Parcel Number: 2l0l-071-130-40 BuildingName: Comments: Received variance by PEC Revisions per plans dated8127l99 Motion by: Seconded by: Vote: 4-0 Conditions: Board/Staff Action Bill Piercc Action: Tom Weber Approved with conditions l) 2\ That the rail on the east be wood rather than stone (per previous Design Review Board approval). Must be constructed in accordance with the tree preseryation plan through "A Cut Above Forestry." Town Planner: Brent Wilson Date: 912/99 DRB Fee Paid: $50 Project Name: Waterhouse Garage VAILDATA\SVERYONE\D RB\APP ROV ALS \ 1 DRBAP PR\WATERHOUS Design Review Action Form TOWN OF VAIL Project Name: Waterhouse Gerage Project #: PRJ99-0146 Project Description: Garage demo/rebuild Owner, Address, and Phone: Steven Waterhouse 5 Clement Hanover, NH 03755 Architect/Contact, Address, and Phone: Steven Riden PO Box 3238 Vail, CO 81658 949-4121 Project Street Address: 285 Forest Rd. Legal Description: Lot 20, Block 7, Veil Villege l't Parcel Number: 210l-071-130-40 Building Name: Comments: Received variance bv PEC Board/Staff Action Motion by: Bill Pierce Action: Seconded by: Tom Weber Vote: 4-0 Conditions: That the rail on the east be wood rather than stone TownPlanner: JeffHunt/AllisonOchs Date: 5-19-99 DRB Fee Paid: $50 Project Name: Waterhouse Garage VAILDATA\EVERYONE\DRBWPROV ALS\ 1 DRBAPPR\WATERHOUS Approved with conditions a DEPARTI"IENT OF COMMIJNITY DEVELOPMENT TIIIS PERMIT MUST BE POSTED ON ,JOBSTTE AT PRO'JECT TfTL,E : WATERHOUSE GARAGE ADD/AI.,T SFR BUILD PERMIT PeTmiI lof zu , /kL+ Uuil /rF TOWN OF VAIL 75 S. FRONTAGE ROAD vArL, co 8L657 970-479-2L38 NOTE:AIIJ TIMES #: E}99-01-54 Parcel No..: No.: 285 FOREST RD 285 FOREST RD 21"0L - 071--L3 - 04 0 PRJ99-0146 Stratus...: ISSUED Applied. .: O6/28/L999 Issued...: 07/2L/L999 E:<pires. . : 0L/L7 /2OOO PEAK BUILDERS, LLC 1OOO LIONS RIDGE LOOP - 3A, VAII CO, PEAK BUILDERS, LLC 1OOO LIONS RIDGE LOOP . 3A, VAIL CO, WATERHOUSE STEVE Phone: 970-475-3220 VAIL RI'N BUILDING 81657 Phonel. 970-476-3220 VAIL RT'N BUILDING 8L657 Descript,ion : ERECT NEW Fireplace InfoEBatsion: R€Etsricted: GA-RAGE,PATIOS,WAITIJS Nuniber of Dwelling Units: 000 Town of Vail Adjustsed Valuation: 45,000 *of cas appliancee:*of cas r,o9B:*of wood/Pa1let: EEE SUUUARY Building-----> Plan check- -- > fnvesEigatsion> will call----> RestsuaranC PLan Rcviels- - > DRB Fee ------ Recreation Fee--- -------> cl€an-Up Dcposit--------> TOTA! FEES-.--- Total calculaced Pee6- - - > Additsional Fees---------> Tot.al Pertnit Fee--------> Pal nent.B------- BAIAI{CE DUE---- 455.00 295.75 .00 3 .00 .00 50.oo .00 250. OO 1,053.75 .00 r, 051 .75 ,oo ITEM: O51OO BUTLDING DEPARTT4ENT 06/28/L999 CIARLTE Action: NOTE O7/06/L999 CHARLTE AcEion: APPR It,CM: O54OO PI,AIiINING DEPARTMENT 06/28/1,999 CIIAR],IE Action: NOTE 06/28/L999 AOCHS Action: APPR 06/28/L999 AoCIIS Action: NOTE ItsEM: 05600 FIRE DEPARI'IIEIiIT 06/28/L999 CIIARLTE AcEion: APPR IIEM: O55OO PIJBIJIC WORKS 06/28/L999 CHARLIE Actj.on: APPR DepE: BUILDING Division: PLANS TO CHARLIE CHARIIIE DAVIS DepE: PLANNING Division: PLANS TO AJ.,LISON varr_ance lor sJarage Dept.: FIRE N/A Dept: PUB WORK PI,ANS TO PIJBWORKS Division: Division: *+i****+*et*r See Page 2 of this Document for any condiEions EhaE may apply tso tshis permit DECLARATIONS r h€reby .cknouledg€ thats I hawe r.rd tsh{6 applicat.i.on, fiLLcd ouE in fu]l the inforu.tion rcquired, coDplct€d an accurrc. plot. plan, and Etrt.c tshac all t.h. info:.riaEion provided as requj.red iB corlect- I aglee co cohply uich chc infornat.ion and pIoE plan, Co coEply nich aII Tovn oldinanc€s and 6eat6 1ae6, ahd Co buil,d thi€ BCrucEute according to lhr Torn'6 zoning and gu.Hivirion codoE, d!.igm rcvicw approvod, Uniforid Building code and other ordinanceg of the Tosn applic.llg tshcrcto. REOT BSTS FOR INAPECTIONB SHA.LL BE !,IU)E TWENTY-FOUR HOITRS IN AD\'ANCB BY TELEPHONE AT 479-2138 oR AT oIrR oFPIeE lRoll g:oo Al'l 5ro0 Plt TOV/Comm. Dev. Clean-up Deposit Refund approved Job Address:amount , date X n: APPLICAIiIT corrrRAcToR OWNER rl0r Scnd Clean-Up Deposie To: PEAK BUILDERS PAGE 2 ******************************************************************************** Permit. #: 899-01-64 CONDITIONS OF APPROVAL as of O7/2L/99 ********************************************************************************Status: fSSIIED Applied: 06/25/L999 rssued: 07/2L/L999 Permitr lfrye: ADD/ALT SFR BUILD PERMIT Applicant: PEAK BUILDERS, LLC ilob Address: 285 FOREST RD Location: 285 FOREST RD Parcel No: 210L-071-13-040 ******************************************************************************** corlDrTroNs ******************************************************************************** 1. FIELD INSPE TIONS ARE REQUIRED TO CHECK FOR EODE COMPLIAT.TCE. 2. SMOKE DETECTORS ARE R-EQUIRED IN AJ.L BEDROOMS AIID EVERY STORY AS PER S8C.310.6.1 0F TrrE 1997 IIBC. 3. A FOTINDATION ILC TS R-EQUIRED DI]E TO TIIE FA T TIITS PROiIEET IS BEING BUILT BY VARIANCE. THIS ILC MUST BE SIJBMIITED NO I,ATE THAN 3 WEEKS AFTER THE FOUNDATION IS COMPLETE. ANCEIMR ILC I S REQUIR.ED TO CHECK RIDGE HEIGIIT PRIOR TO A FR,AMING INSPECTION OCCI'RING. lofllf OE VAIL, COLORADO sErtdnnt glrl.lDt. f,rDb.r: RIC-05{2 loou'rt I 1,053,75 o7l2fl99 o9r99 --:::-:: ::::::-: .--::::::::-i:::T: ::::: :ll::-l-. PalnLt t{o! 899-01,54 Ty]9lI I-BUILD LDD/ALT SPR BITIITD PE Pilcol llo ! 2101-071-13 -Oao glt€ lddleE6 r Z!5 tORAaT RD Loctlion! zgs FoREgT RD Totil FEe.: , r, o53.?5 Ahlr Payocnt L,053.75 Tocal, IU.IJ Puts63 11053,75 Brlancr: .00 Account Cod6 D..cripelon Anount EP 00100003111100 BttrllDr{o PERl|tt rtEa 455.00 m, 00100003112200 DEaIor RE\rlBr FlBa so.00 PF 001000031r.2300 Prrarl cHEcK FEE6 295.15 .[D D2-DEPOa CLEAlntp DBPOSTTTE 2s0.00 tfc 00100003112900 rrrrl ctIJtrJ rNsP8erlor FEE 3,00 rowN oF vArSoNsrRUcroN pERMrr ori.,.otoN F'RM INFORMATION MUST BE COMPLETE OR THE APPLICATION WILL BE RD,JECTED Contact the Eagle CouW Assesso,'s Office at 970328-8640 for Parcel # Parcel# z.l o't- cr\ t - t3'-Cr+c> -oil3 Phonet4^t6,+3 <ga Phone# ?4 ?-+ l"-1 Wood/Pellet OTHER: $ TOTAL $ Permit # JobName: t^r 6Ee-t+E\-\S€.Job Address: Buildne6.{Plumbing ( )Electrical ( )Mechanical ( ) LegalDescription: Lot 2O Block-[- Fitue I Subdivision ArcNtect:Address: Description of Job: Work Class: New Number of Dwelling Units: / Alteration (-/Additional ( )Repair ( )Other ( ) Number of Accommodation Unils: Other ( ) l./ tAN Vit yaa€ Number and Type of Fireplaces: cas apiliance(1)4;Xg-ge8- Gas Logs BUILDING: PL{JMBING VALUATIONS ELECTRICAL: $ MECHANICAL$ CONTRACTOR INFORMATION General Contractor: M Address: lOoO Lrarss Pr\6g LasP RO . Srrrra?* Townof VailRegistrationNo. -Sao - E pnon"* 47A-?ZZb Bffi-l6l Electrical Cotrtractor: Town of Vail Reeisuation No. B!gs!!4sil@r: Town of Vail Registration No. Mechanical Contractor: Town of Vail Registration No. Address: Phone # Address: Phone # Addrcss: Phone # FOR OFFICE USE BUILDING: SIGNATURE: ZONING: CLEAN UP DEPOSIT REFUND TO: SIGNATURE: TOWN OF VAIL 75 S. FROIiITAGE ROAD vArL, CO 8L657 970 -479 -2138 APPLICANT COIiTTRACTOR O9INER Description: SNOI'MELT BOILER Fircplace InfotmaEion: ResbricEed: Mechanical---> 200 ' 00 DEP.ARTMEIiIT OF COMMI]NITY DEVELOPMEMT NOTE: TIIIS PERMIT MUST BE POSTED ON MECHANICAI-, PERMIT Job Address. - . : 285 FOREST RD Location......: 285 FOREST RD Parcel No..... : 21-01-071-13-040 Project Number : PR.f99-0146 status. ..: IssUED. Appried. . ? !2/06/1-999 Issued. ..: L2/09/L999 E>cpires. . : 06/06 /2ooo .JOBSITE AT ALL TIMES Permit #: M99-0170 Phone: 970-904-5516 Phone: 970-904-55L6 l_0, 0oo . 00 #of wood/Pallet: STJNDANCE PLIMBING , AVON, cO 81620 SUNDANCE PLI]MBING , AVON, co 8l-520 WATERHOUSE STEVE HEATING HEATING *of Gas ApFliancea: Valuation: *Of Gas LogE: *r*r****{ifttr* t*a**r**+{**** FEE SIIMMARy Plan check- - - > Investigation > will call----> Restuaranl Plan Reviee- - > DRB Fe€-------- TOTAL FEES------------- > ToEaI calculated Peeg---> Addicional F€es---------> TotaI Pcrnit Fee-_---__-> Paytlente-------- BAIANCE DUE. -- - 50 .00 ' 00 3.00 - 00 .00 253.00 253 . OO ,00 253 .00 253 .00 ' 00 BUTLDTNG DEPARTMENT Dept: BUTLDING Division:JRM ACt,iON: APPR APPROVED -iifne DEpARTMEITi --- - - - Dept : FrRE Division:.]RI"I ACIiON: APPR N/A CONDITION OF APPROVAL CK FOR CODE COMPLIANCE.701 OF TIIE 1997 ITMC, OR I'RES INSTRUCTIONS AND R r-0 0F THE 1997 rMC. ING TO CIIAPTER 8 AND 06 OF THE 1997 IJMC, OR PLY WITH CHAPTER 3 AI{D 3 OF THE 1997 IMC.F NONCOMBUSTIBLE CONST. BLE FtOORING.E POSTED IN MECIIANICAI ING HEATING OR HOT.WATER TH A FLOOR DRAIN PER SEC.04.5 0F THE 1997 rMC. *********************************************************.*********************** Item:05100 12/06/L999 Item:05600 L2 / 05 /L999 DECLARATIONS r frorcby .cknorl.dgr Eha! I hrv. rlrd thi€ applicacion, fill.d oqt ln full lh. infora.gion rcqui!.d, coEPl.trd rr| .ccurtcr Flo! plan, .nd .trec ght! rll Che infonaEion providcd .6 rcquir.d i! coff.ct, I rErr! Eg coBPly tith tsh€ inforortign and PLot plan, co coEply rich all Tovn oadlnrncsr cnd Etatsc larr6, and Eo build thl6 sEructur. accordlng tsa Eh. Toirn'r z€{ring rnd rubdivirion cods!, d.rign rrvirw rpFrgved, ttniform Building Codc and oth.r ordlnrncrt of, lha town tPpllcabl€ tshcreco. REeuEgTg FoR INgpAclIIoNg ltHAt L BE tilADE TWEItTY-FOI'R HotRs IN IDVANCE BY fELEPIIONE NI 479-2r3s oR AT ouR oFFIcE FROM s:00 A.M 5!00 PM SIGIBTT'RE OF OI{NER OR CINIT,AETOR FOR HIUSELF ArfD OWNER o o TOIW OA VTIL, COLORTDO gtateEnt gErE.uC NtEb.r: RBC-0597 AEount: Paln!6nE ucchod: 1561 l{oEatLon: 2r3.Oo L2109199 L3t52 sItfDtItCE. PttllBltr Inll: ,'s Parmig No3 !,199-O17o TYPe: B-UECH P.rccl Not 2101-O71-13 -O4O Sit. Addrcss r 2S5 FoREST RD Locallon: 2AS FOREST RD uEcnAlttclr. gERlitr Accoung Cod! 253 .00 253 .00 .00 AIlounc 200. 00 50.00 3.00 ToEal Fcaa: 253. oo Tot.l AIJIr Pog.:tlris PeyE !rt, Balanca: ririttrttt**ilirrtt**r'lt*tr**it i * a a * t tia tt i* * i J!, a t Deacriptsion MP OO1OOOO3!11300 I4EGIANICA], PERMIT FEES PF 00100003112300 Pt4trN cIEcK FEES wc oo1oooo3112g00 wrLr, cAr.L rNsP8elroN PEE rowN oF vArCoNSrRUctoN pERMr A#lrcAroN F.RM INFORMATION MUST BE COMPLETE OR THE APPLICATION WILL BE REJECITI' Contact the Eagle County Assessors Offrce at 970-328-8640 for Parcel # Parcel# :Jo\- O-lL- \ -(tL{A p.'-it+ RR1, - O\(oHr JobName: \r \a}=Ar.--^.*.r - JobAddress: :-g<- Ho*as\ \-.\. Buildine ( )Plumbing ( ) Block Elecrical ( )Mechanical (vf Other ( ) Legal Description: Lot Filine . Subdivision Owners Name: \.x)*i<eJr..=^r--s-q Architect:Address:Phone# Description of Job: Work Class: New ( )Alteration ( ) Number of Dwelling Units: \ Number and Tlpe of Fireplaces: Gas Appliances BUILDING: $ PLI]MBING $ General Contractor: Town of Vail Registrat-ion No. Additional (r)- Repair ( )Other ( ) Number of Accommodation Units: \ Gas Logs Wood/Pellet VALUATIONS ELECTNCAL: $ MECHANICAL $_-\q*_eO e__,_ CONTRACTOR INFORMATION OTIIER: $ TOTAL $ Address: Phonc # Electrical Contractor:Address: Phone #Torvn of Vail Registration No Plumlring Contractor: Torvn of Vail Resistration No. Mech:rnicirl Contractor: Sr-,*X^,r-.- \E+\ Address:b E^- 3 C-A\ .S,--.^-. C.o t\6\o Tor.vn ol-Vail Registration No._ _\oLP -_ Phone #_ 9,s\-.ss \te__ Date Receive- DEC 06 1999 SIGNATURE: ZONING: SIGNATURE: CLEAN UP DEPOSIT REFUND TO: FOR OFFICE USE TYPE GROUP SQ. FT. VALUATION BUILDING: *'I*CODE BOOKS ARE AVAILABLE F'OR PTIRCHASE UPON REQ[IEST*** |: L \, - .:^i \-\ ./' 'a- - -"- .L.- l\' \ /'\3>s'ooo 1\ \ L))Ll 0\ =)- '- lll <-o- '<..#ill \ \ ilt \ I \ & \ 4 \\\ \ \\\t \ \ llr r I I I I . \llr I I I | , \\.\ qH -nt r1l €!,rJ4A 9ff.-.'^S{ DASHEO REI'IOVEO rl I l\ \ .5"5--- ?s"€* \\l -f-------' rl t\ (.. i \ -=:e'-t,,l IJ, l\ \ sx-.*t' \\l t \ '' .. \- .-., -- ? NEh 6'-O'x 16, -O,"- ovERHEAo DooR EX IST ING COI{CRETE OR t \E \ --- __4- - eDGE oF FAVE| 1ENT From: Charlie Davis To: George Ruther Date: 7l24l0l 1:46PM Subject: WaterHouse At 1 0:54 AM, I iSsued a redtag for the Waterhouse garage. poect. No one was on site at the time of this action. The redtag is issued due lo non-conformance to approved plans (lower level not approved as additional GRFA findings in court) and due to not having required inspections being performed and work continuing. Respective UBC Sections 104.2.4 & 108.4 CC: Tom Moorhead TOWN OF VAIL, COLORADO OFFICE OF BUILDING OFFICIAL 6%A'otbl NOTICE THIS BUILDING Has Been Inspected, and- 8 GENERAL CONSTRUCTION tr CONCRETE B MASONRY r] WARM AIR FURNACE t] PLUMBING D ELECTRIC WTRTNG o NO BUtLDTNG PERMTT Cou F&r/vttMG IS NOT ACCEPTEDI?>A*P6#ffs *o-=Ifr"j.S.....Ktp.R,.r*rgg iC,, A-/qL,gF. iS Bnpa,*s*ao Ra !191 IJBC ding Inspector Do Not Remove This Notice! DETACH ANDBRING THIS POFITION OF CARD TO BLDG. DEPT. AT MUNICIPAL BUILDING Location .|;8.5,.. fu.p.esx,, . PEn".,'*Blj:9 !.h!. .... '1. / Office of Building OfficiAl, TOWN OF VAIL COLORADO Building Inspector Printed by Joan No1en 4:24pm From: Georoe Ruther To : ca ry-coode'l 1 subject: I need your he1p.,, ===NoTE===============5 / 3L/ : 0==2 z 58pm==cc: BLDGDMROUP, Tom Moorhead As vou are aware the waterhouse oaraqe is in 'l itioation with vou and th6 roV named as c5-defendants-. r need some eny he'lp you can provide would be apprec'iated . thanks Page: 1 Printed 'by Joan Nolen t4/99 1 : 01pm ;;;;;ii;;;;-;;;------TO: BLDGDIV GROUP subject: waterhouse Garage L2/L4/99-=9:L9an=Just to 1et you know, I denied the rLc. They built over the property line. Pl ea-se do not a'l I ow ahv rnore inspections until the irob'l em is resolved. Thanks. Page: 1 oa OE F]oz EI = I o s o F. (., |] lu o oFl do o,a aro o lq b o U F F c "z do FU o FF zo dg oo ?7 HE FI Er E|h z7 ts] b 'Eo FA 6 az 4i to F'E FET HE v)b oo AE a F 4 ir z ltt c EO zta E tg o ('r4 F EA ut (o oo l.l t4 a o o z H cl 1.., :l ; Fr it -> lq I ,l,r E6 t EC O t- 07-2S-?001 -S*1"1-unn",, ---," Poge6 $l+,iues-trd lnsE$:,t Q?Ti :.Hf,Iu*ly ?r, 200f |n$P'ocfiofi TYP$; RLDS Inrp€ctlon Ares: CO slt# A.ddres$l *8s F(,R8$T RD lfArL ?S{' FOREST RD sr,u_lqeElg&r $ttrhls: lfifp Arso: t9suE0 co r -1,,i ,*/ ) ^ n.,r#Rs$H$qc.hcEs$*sisi , "^. ( flgyn\@ lhn!; S0 BLDGJnS$fe{infr Rsmrsttor: PHp,K SUlLilEnS. LL C$rimant!: Wt: 3frfi,.$r$ $THVI A6$tgrlDd-ls: f}f:)AVIS AdlCm. *-_ / TlmDEr+: Itemcc,ffirnsnte: WFH($E[S* EPm Co{flmantB: dr$*t,h}S 0&/27SS lr&fi6f,,t4r {iRG C${t!rylsnhr FREFir.'. N*T fi*fiSY fl$;!&SS lnrncct$t. JRlr, cofiril*nt$: .ApPR ldtlTt-r CStrUTffi{E nom: S iltrn: 70 llfm: [cm: 90 ck hlsfi {OFtk}nal}ioD'sdsl} " ADprolstl * fnspador: ART -' Actio{ri AltPRApPi+t?[$n Approutd xlgp,!4d; - {F€q$lIod)krtra{lor: $RG Actloo: }.IOl.lOTlFlED l"orx*,J *t aS';onru{:flsnis tor Fmmlng & BldgFFlncl lffificrfh'fB" Fbraf apprr'*rral rvr$ bo wllhhold rlt c.rfi! se{llrrn8nf aolBern€rfl ls Brecr dd. Sub TyFo: ASF'fr Uta: VH Ptroilsr 970-47S4?20 Pfrone: 97$"47{i"3P?,O TloN oN RLE . g$qnl$Of,t Aclbnr NR l,lOT Rf,AILY F'(]{t lt{SpHCT ,f}l,J Asfisfi: APFRAFfft$lffiF fu _# o,f 6.. 6€ it (, lyL -6,:€-{rfu;fu,,7u sp*a,*t FE;rrhr 't ##f*ff" Ftbr*o nNg{cnc,r*J f$so€dflsn.tHl$0or$ (-lLL; Jc\- ' ' r , ,, h'; MO Tcren*€_e frl1S{f C,n ffi: ?i'Erffiffiffl i?#fiHJi. c-' ""' pFaJrA'.Eo 3t { trru rlz Hpfir: 20 E{-D6-$;oundi lorx-$re*t {Opttoriali - At}F{sved * csi?Irgg lr*irs{tJr: J$ft! ' ' ' A(dofi: AppR AppKc&Efl} Cotnan€nl*r AFPRCJVH$ n$?&99 hr$poctc,{: JRM Aaflon: COCERTIFIfr'AT€OFOCCi"IFI\NCV *omftrent$: AilbTt, CttCM$ ' TS Cc)itp!-E IF SO${A TIJBE REBAR A$S ^4 p*S #fi FEf.tT BAR ON STU,FS 5?0 FtAS,i"JlC Sfr lrlsn ir{*qwred)t?ll$$9 l$tt}!lci$r; C.0 ,{i*&rn: FIONO?IHFD ilsdrn*flit*: lLd ft(}{JTHD"lS ALLIp$ll 1*/l4AS Ure*r6ct4f: ALtP$l,l A*;toru tJlrlD8fJl€f] csfirdnslts: wdr n*opody lin* 30 BL P\!. t:rBmlno . rf,:$domi! * As{d,rv€d -11i1$S-ins6€(t$r' C,D Action: oilDENl€B Commenls: l|c iequhtd o5t1 lr0l rftrsdh'r; #RS A*tbn: APAPPROVED CrvrfirsfitS: Caiuphm. tlt6d fltJnhs$E c{t}i & ryrtsrs to top of r$Ell, €tc. 60 BtDc.kldoh|uon t0stionotl "Ap'pro&rJl' Slr0StgS lnas*L'tffl JftM /{cl,on: AFFR ApPfiOvEb comnpflils: ,cPF ts\tEn fornnpnts: ,CPF t$\tEn s?i.tlg$ lmnc#r: sRG Ar#on: AFmAFPR{II/EO slDG-rilkc. 10i t&98 C${rffionb:{i}tsEs Cofir}lB|il*: tuise{ctor: ART Ac{ion: CO CERTIFH,qIE Ofl OCCUPAI{CY APbTL COMMS " AFf'ROVE$ T}iU' L(n,VER PAflO.AT'ID SI;AM BETW*€}.' TFffS t€'I'gt AIAID 'fllE Hfiil LEl/gt fl'to AL$6 Tltc uAll.r tEvEL wAtKwAY nEIilI:.31.Run Id: ?95 -ffiffiEmr**In*gryn$nn freque*t (i., 4d*-^ R&pT131 o o Run 795 Qr'o* REvrEw B.ARD ,,*o. oo=ilo Wednesday, May 19, 1999 3:00 P.M. PUBLIC MEETING SCHEDULE PROTECT ORIENTATION / LUNCH. Community Drevelopment Department Clark Brittain Hans Woldrich Bill Pierce Melissa Greenauer Tom Weber (PEC) stTE vrsrrs 1. Scorpio- 131 West Meadow Drive 2. Dobson lce Arena - 321 E. Lionshead Circle 3. Vail lntemational- 300 E. Lionshead Circle 4. Wand - 381 Beaver Dam Circle 5. Hoversten-95 Forest Road 6. Waterhouse - 285 Forest Road 7. Austrian - 696 Forest Road 8. Gold Peak Skier Tunnel- 458 Vail Valley Drive 9. Lot 13, Forest Glen - 4.r'.39 Glen Falls Lane 10. Vail Mountain School -3160 Katsos Ranch Road Driver: George 11:30 pm 1:00 pm MEMBEFS ABSENT PUBLIC HEARING. TOWN COUNCIL CHAMBERS 1. Austrian residence - Conceptual review ot a remodel ol a primary/secondary residence. 696 Forest Road / Lot 8, Block 1, Vail Village 6'n Filing. Applicant: Mr. & Mrs. Neil Austrian, represented by Robert L. Amold CONCEPTUAL-NO VOTE 2. Hoversten residence - Conceptual review of a new single{amily residence. 95 Forest Road / Lot 32, Block 7, Vail Village First Filing. Applicant: Philip Hoversten, represented by Snowdon & Hopkins Architects MOTION: Bill Pierce SECOND: Tom Weber VOTE:4-0 CONSENT APPHOVED WITH 1 GONDITION: 1. That a Public Works and Zoning approval be required. 3. Wand B Development, LLC - Conceptual review of a new primary/secondary residence with a Type ll employee housing unit. 381 Beaver Dam Circle / Lot 1, Block 4, Vail Village 3'o Filing. Applicant: Wand B Development LLC, represented by Jay Peterson 3:00 pm Brent Brent Dominic CONCEPTUAL-NO VOTE 4. Golden Peak Ski Base - Skier tunnel. Dominic 458 Vail Valley Drive / Tract B, Vail Village 7th Filing. Applicant: VailAssociates MOTION: SECOND: VOTE: TABLED UNTIL JUNE 2, 1999 5. Antler's - Final review of a proposed expansion. George 680 W. lionshead Place/ Lot 3, Block 1, Lionshead Third Filing. Applicant: Antlers Condominium Association, represented by Hobert LeVine MOTION: SECOND: VOTE: TABLED UNTIL JUNE 2, 1999 6. Dobson lce Arena - Final review locker room/loading dock expansion. George 321 E. Lionshead Circle/Lot 1, Block 1, Vail Lionshead zno Filing. Applicant: Vail Recreation District, represented by Odell Architects MOTION: BillPierce SECOND: Tom Weber VOTE:4-0 APPROVED WITH 2 CONDITIONS: 1. That brick pavers be installed at the entrance to the loading dock.2. That a revised landscape plan be submitted. 7. Vail International Condominiums - Removal of trees. George 300 E. Lionshead Circle / Lot 1, Block 1, Vail Lionshead Filing f2. Applicant: Vail InternationalCondominiumAssociation MOTION: Tom Weber SECOND:Melissa Greenauer VOTE: 3-0-1 (Bill Pierce abstained) APPROVED WITH 1 CONDITION: 1. That the one tree on Vail International property be removed and no trees on Town of Vail property be removed. 8. Waterhouse residence - Final review of a new_garage. Allison 285 Forest Road/Lot 20, Block 7, Vail Village 1"'. Applicant: Steve & Linda Waterhouse, represented by Steven Riden MOTION: Bill Pierce SECOND: Tom Weber VOTE:4-0 CONSENT APPROVED WITH 1 GONDITION: 1. That the rail on the east be wood, rather than stone. 9. Lot 13, Forest Glen - Conceptual review of a new single{amily residence. Allison 4439 Glen Falls Lane / Lot 13, Forest Glen Subdivision. Applicant: Lot 13, LLC represented by S.H. Cole Construction MOTION:Melissa Greenauer SECOND: Bill Pierce VOTE:4-O APPROVED WITH 1 CONDITION: 1. That it meet Public Works and planning approval. 10. Scorpio-Ga,. "nofiring improvements O George 131 West Meadow Drive/Part of Lot 1, Part )f Block D, VailVillage 2no.Applicant: ScorpioCondominiumAssociation MOTION: SECOND: VOTE: TABLED UNTTL JUNE 2, 1999 11. Lot 25, Glacier Ct. - Conceptual review of a new primary/secondary residence. George 1854 Glacier Ct./Lot 25, Block 2, Lionsridge #3. Applicant: Pat Dauphinais MOTION: SECOND: VOTE: TABLED UNTIL JUNE 2, 1999 12. Vail Mountain School - Temporary structure. George 3160 Katsos Ranch Road/Part of Lot 12, Block 2, Vail Village 12'n Filing. Applicant: Vail Mountain School, represented by Pam Hopkins CONCEPTUAL-NO VOTE 13. The Marriott (Lionshead) - Conceptual review of a major exterior alteration George and construction of a new interval ownership club. 715 W. Lionshead Circle / Marriott Mark, Morcus Subdivision Applicant: HMC Corporation, represented by East-West Partners and Gwathmey-Pratt MOTION: SECOND: VOTE: CONCEPTUAL_ FECOMMENDED APPROVAL TO TOWN COUNCIL Staff Aoprovals Christopher-Wollard residence - Driveway snowmelVre-alignment; revised landscaping. Brent 2550 Bald Mountain Road/Lot 34, Block 2, Vail VillaSe 13"' Filing. Applicant: Rocky Christopher Fredin residence - Finish unfinished basement. Brent 2091 - A Zermatt Lane, Vail Commons #5B/Unplatted, Vail das Schone Filing #3. Applicant: Peter M. Fredin Davie residence - Driveway snowmelVstamped concrete pavers. Brent 776 Potato Patch/Lot 12, Block 2, Vail Potato Patch. Applicant: John Davie La Bottega - Addition of pavers and deck extension. Brent 100 E. Meadow Drive/Lois M & O, Block 5D, Vail Villase 1"t. Applicant: Stephen Virion Meadow Vail Place Penthouse - 250 addition. Allison 44 W. Meadow Drive/Lot 1, Vail Village 2nd. Applicant: SpraddleCreekProperties Sonnenalp Hotel & Spa - New canopy (revised) 20 Vail Road/A portion of Lot K, Block 5E, Vail Village 1". Applicant: Johannes Faessler Brent one Vait Ptace - Errer,o, pfifng. 24trWall StreeUA portion of Block 5A, Vail Village 1"'. Applicant: Hill, Drescher, Smead & Wells Wall Street Building - Skylight addition. 225Wall Street/Part of Lots B&C, Block 5C, Vail Village 1"'. Applicant: Wall Street Building Condo Association Brent Schofield residence - Stainray replacement. 14Pl8Vail Valley Drive/Lot 18, Block 3, Vail Valley 1"'. Applicant: John Schofield Vail Associates Pump House & Tennis Courts - Replace 5 spruce trees on W. Forest Rd. Dominic 615 W. Forest Rd./Unplatted, adjacent to Vail Lionshead 3'o Filing. Applicant: Vail Associates Brent Brent Brent Brent Vail East Condominiums - Window replacement. 4093 Spruce Wayl/ail East, Bighorn 3'o. Applicant: Vail East Lodging Association McDonald's -Two new wall signs. 21 12 N. Frontage Road WesVLot 2b, a resub of Lot 2, Vail das Schone Filing #2. Applicant: George Greenwald Ginzberg - Bedroom addition. 4034 Bighom Road, #1/Lot 1, Block 1, Bighorn SuMivision. Applicant: Stewart & Lisa Ginzberg Eagle Bahn Gondola - New deck on south side of gondola. Tract D, Vail Lionshead 1o. Applicant: Vail Associates Jeff Jeff Shaper-New garage. Jetf 2645 Bald Mountain Road/Lot 10, Block 2, Vail Village 13th. Applicant: Steve Shaper Roost Lodge - Move equipment to non-visible location. Dominic 1793 N. Frontage Rd. WesUlots 10,11 & 12, Buffehr Creek Subdivision. Applicant: Rodney Cotton Jeff Stern - Entry addition. 1 517 Vail Valley Drive,#1lLot 12, Block 3, Vail Valley 1". Applicant: Don & Ann Stern Marriott Mountain Resort - New awning. Brent 715 W. Lionshead Circle/Marriott Mark, Morcus Subdivision. Applicant: selim wahba The applications and information about the proposals are available for public inspection during regular office hours in the proiect planner's office, located at the Town of Vail Community Development Department, 75 Sor Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephor for the Hearing lmpaired, for information. (97O) 949-4r2r FAX 949-0304 May 14,1999 Department of Community Development Town of Vail 75 Frontage Road Vail. CO 81657 Waterhouse garage, 285 Forest Road Lot20, Block 7, Vail Village lst Dear Members of the Design Review Board, Thank You for your conceptual approval to the proposed garage plans on May 5th 1999. I would like to comment on the comments I received following that meeting. First of all we have been able to keep the overhang completely within the property line by reducing the overhang to 2'-0" and increasing the cantilever of the floor by one foot. Note that we have not moved the supporting structure to accomplish this, so we will not further encroach the tree to the north than we originally proposed. This should eliminate the need to produce a "prow" type roofas no other form like that exists on the property. secondly the inclusion of the stone veneer wall on the east end is compatible to the remainder of the neighborhood and the improvements to the property, additionally being proposed. My client feels (as do I) the stone veneer walls are a more elegant solution to face the street. However if there is an issue of these walls beyond the property line we can reduce that portion and provide another means ofcreating a barrier to the grade below. My apologies for not being able to attend this meeting, please allow Mr. Hatami to forward your additional comments should they be necessary. Re: JAMES POST OFFICE BOX 3238 vArL, co.81658 . MEMBER OF AMERICAN INSTITUTE OF ARCHITECTS. 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E/il ilpr;: vlQrS4O BLOG-FinaI rlre riF,FiR 6r31:';1,1.;!L'\ Flg'i:'li t.ElL:it$ TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 April 13, 1999 Steven Riden PO Box 3238 Vail, CO 81658 Re: Waterhouse garage variance, 285 Forest Road Lot 20, Block 7, Vail Village 1st Dear Steven: On April 12, 1999, the Planning and Environmental Commission approved a variance request to allow a replacement garage to be constructed with a 1' front setback, and to allow a parking space to be constructed with a 4'side setback, as indicated on the submitted plans. The approval was subject to the following conditions: 1. The north wall and roof line of the new garage do not extend any closer to the mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist. 2. That the site lighting be brought into compliance with the Town regulations. 3. That the pier & beam garage foundation & parking space be cantilevered to minimize the site disturbance. 4. That the plate height of the garage roof be determined by a reasonable 8' garage ooor. 5. That the garage roof eave does not extend over the front property line into the public rightof-way. The proposal is scheduled for review before the Design Review Board (DRB) on April 21't. Elevations should be submitted by April 19th Samples of colors and materials should be submitted at the DRB meeting. Please feel free to contact me aI970479-2140 to discuss the project. Senior Planner {i r'"'""o 'n"* MEMOFANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 12, 1999, SUBJECT: A request for a variance to the front setback, to allow a new garage, located at 285 Forest Road/Lot 20, Vail Village 1st Applicant: Steve & Linda Waterhouse, represented by Steven Riden Planner: Jeff Hunt I. DESCRIPTION OF THE REOUEST AND BACKGROUND The applicant is requesting a variance to the front setback requirement. The proposal involves building a new two-car garage to replace the existing one-car garage. The existing garage is about 297 sq. ft. and the new garage would be about 485 sq.ft. The lot is subject to the following setback requirements: front 20'; sides and rear 15'. The existing garage has a front setback ot about 3.25' and a side setback of about 13.5'; see photo, below. The new garage would be constructed with a front setback of about 3.25' and a side setback of 15'. A copy of the plan is attached for review. A separation request was approved in 1989 to allow the garage to be separated from the dwelling. The approval was based on the site constraints presented by the existing dwelling. A variance was then approved in 1990 to allow the garage to be within 3' of the front property line. The approval was based on other garages in the area being within the front setback, minimizing disturbance to the hillside and saving a mature evergreen tree. Subsequent to this approval, the Town adopted development standards that provide tor a 24' clearance between garage doors and the edge of pavement. Because of the subsequent development standard and because the new garage would be larger than the existing garage, staff required the applicant to obtain approval of a variance. II. STAFF RECOMMENDATION Based on this memo, the Community Development Department recommends denial of the variance. This recommendation is subject to the following findings: 1. That the granting ot the variance will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 2. That the strict interpretation or enforcement of the specified regulation will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. III. ZONING ANALYSIS Zoning: Primary/Secondary Residential Lot Size: Standard Setbacks: Parcel A: 6,865 sq. ft. Allowed/Required Front: 20' Side: 15' Existinq 3.5' 13 5' IV. CRITERIA AND FINDINGS A. Factors Enumerated: Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed garage would be about 3.5'from the front property line and 15' from the side line. This would be an improvement of the existing garage side setback which is about 13.5'. There are no nearby buildings on this side. The front of the existing garage is about 15' long. The new garage would have a front of about22'. The new garage would have about 7' or 460/o more frontage along the road. Structures are setback from roads for several reasons, one of which is to reduce the likelihood of collision. Having a larger garage about 3.5' from the road would increase the likelihood of collisions. Also, a larger garage about 3.5'from the property line would be more visually obtrusive to neighbors than a smaller garage. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Other property owners are required to place new garages in compliance with development standards, unless there are unusual circumstances. Staff believes there are no unusual circumstances in this instance and that the garage could be placed on the property in compliance with develooment standards. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. This is the main concern with the proposal. The development standard that provides for a clearance of 24' between the garage doors and the edge of pavement is intended to insure safe and efficient transportation. The setback allows for most vehicles to be parked completely off the asphalt reducing the potential for collisions, providing for better vision clearance and allowing for street maintenance including plowing. Such other factors and criteria as the Commission deems applicable to the proposed variance. 1. 2. 3. 4. The Town staff including the Public Works Department believes there are no legitimate reasons for the new garage to not meet standards. The slope of the property is less than 30%, which is the threshold to allow garages within front setbacks. The slope does not preclude construction. As proposed, the north wall of the new garage would extend 4' closer to the mature evergreen tree and the roof would extend about 6' closer to the tree than the existing garage. The foundation would extend to the ground, rather than be canilevered as is the existing garage; see photo, below. Due to this, the tree would likely not survive for long, thus eliminating the basis of the original variance. It appears that the chief reason for the request is protection of the view from the east facing windows of the residence, which is understandable, but does not justify the granting of a variance to a development standard that others are required to meet. Also, there is the option of retaining the existing garage. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a variancel 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. OTHER: Should the Planning and Environmental Commission decide to approve the variance, staff recommends: That the Commission makes the following findings: 1. That the granting of the variances will not constitute a grant of special privilege inconsistent with the limitations on other orooerties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. 4. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. And that the approval be subject to the following condition of approval: 1. The north wall and roof line of the new garage do not extend any closer to the mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist. F IEVERYONE\PECIMEMOS\99\WATE RHOU THIS ITEM MAY AFFECT 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 12-3-6 of the Municipal Code of the Town of Vail on April 12, 1999, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a variance from Section 12-6H-8, Town of Vail Municipal Code, to allow for gross residential floor area (GRFA) in excess of the allowable maximum, located at 303 Gore Creek Drive #8 / Lot 8, Block 5, Vail Village First Filing. Applicant: P. Anthony & Constance Ridder, represented by Gwathmey-Pratt Architects Planner: George Ruther A request for a conditional use permit, to allow for outdoor patio seating at Special Development District f35, located at 242 East Meadow Drive / Austria Haus Club & Hotel. Applicant: Johannes Faessler Planner: George Ruther A request for a minor amendment to a previously approved development plan, to allow for the construction of a skier tunnel at the Golden Peak Ski Base, located at 458 Vail Valley Drive / Tract B, Vail Village 7th Filing. Applicant: Vail Associates Planner: Jeff Hunt A request for an amendment to a previously approved final plat for the Tall Pines Subdivision, located at2239 Chamonix Lane / Lots 1 & 2. Tall Pines Subdivision. Applicant: Chamonix Development Group, LLC & Paintbrush-Tall Pines, GP Planner: Dominic Mauriello A request for a variance from Section 12-6D-6, to allow for a building encroachment into a rear setback, located at2657 Arosa Drive i Lot 8, Block D, Vail Ridge. Applicant: Town of Vail Planner: Allison Ochs A request for a modification to a platted building envelope, located at 1047 Riva Glen/ Lot 6, Spraddle Creek Estates. Applicant: Franco D'Agostino, represented by Robert Mach Planner: Allison Ochs A request for a variance to the front setback, to allow a new garage, located at 285 Forest Road/Lot 20, Block 7, Vail Village 1't. Steve & Linda Waterhouse, represented by Steven Riden Jeff Hunt Applicant: Planner: t .l' t'- A request for a minor amendment to Special Development District No. 35, Austria Haus, to amend Section 6 of Ordinance #12, Series of 1997 to clarify a condition of the Ordinance, located at242E. Meadow Drive/ Part of Tract C, Block 5D, Vail Village 1"' Filing. Applicant: Bill Sullivan, representing the Austria Haus Development Group Planner; George Ruther A request for a final review of a proposed locker room expansion to the Dobson lce Arena, located at 321 E. Lionshead Circle/Lot 1, Block 1, Vail Lionshead 2no Filing. Applicant: VailRecreationDistrict Planner: George Ruther A request for a final review of a major amendment to Special Development District #6, Vail Village Inn, to allow for a hotel redevelopment, located at 100 East Meadow Drive, Lots M and O, Block 5D, Vail Village 1st. Applicant: Daymer Corporation, represented by Jay Peterson Planner: George Ruther A request for a worksession to discuss an amendment to Special Development District #30 (VAC), to allow for an additional dwelling unit and reduction of accommodation units, located at the Vail Athletic Club, 352 E. Meadow Drive/Parcels A & B, Vail Village First Filing. Applicant: JWT 1987 Limited Partnership, represented by John Perkins Planner: Dominic Mauriello The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published March 26, 1999 in the VailTrail. o ADDRESS LIST Lot2O Block 7, Vail Village lst Filing Town of Vail Lot 19 Block 7, Vail Village lst Fiting; Kalkus Funily, 365 South Street, Morristown, NJ 07960 Lot 19 Block 7, Vail Village lst Filing; William H. Brown Jr. Trust 575 Hayne Road, Iflls borouglq CA 94010 Lot 18 Block 7, Vail Village lst Filing; Drisko Family 325 Forest Road, Vail, CO E1657 Lot 2l Block 7, Vail Vi[age lst Filing; Lawrence Flynn Jr. 209 Taconic Road Greenwich, CT 06E31 Lot 17 Block 7, Vail Village lst Filing; Mchael and Ann Tennenbaum 2444 Wilshire #406 Santa Monica" CA 90403 Lot 14 Block 7, Vail Village lst Filing Richard and Mary Pownall 267 Rockledge Road Vail, CO REVTSED s/6/99 PROJECT ORIENTATION / LUNCH- MEMBEFS PRESENT Clark Brittain Bill Pierce (left at 5:00 p.m.) Hans Woldrich Melissa Greenauer Tom Weber (PEC) DESIGN REVIEW BOARD FINAL AGENDA Wednesday, May 5, 1999 3:00 P.M. PUBLIC MEETING SCHEDULE MEMBERS ABSENT 11:00 pm 2:00 pm SITE VISITS 1. Vail Interfaith Chapel - 19 Vail Road 2. Waterhouse - 285 Forest Road 3. Adams -765 West Forest Road 4. Dobson lce Arena - 321 E. Lionshead Circle 5. Scalise -2567 Arosa Drive 5. Lot 25 - 1854 Glacier Ct.7. Wiley - 1538 Spring Hill Lane 8. Valleau - 4839 Meadow Drive 9. Shaper - 2645 Bald Mountain Road 10. Lot 4, Gore Creek Sub. - 5166 Black Gore Drive 11. Kinzelberg - Lot 4, Spraddle Creek Estates Driver: George PUBLIC HEARING . TOWN COUNCIL CHAMBERS 3:00 pm 1. The Marriott (Lionshead) - Conceptual review of a major exterior alteration George and construction of a new interval ownership club. 715 W. Lionshead Circle / Marriott Mark. Morcus Subdivision Applicant: HMC Corporation, represented by East-West Partners and Gwathmey-Pratt CONCEPTUAL-NO VOTE 2. Lionsquare North - New awning. 660 West Lionshead Circle/Lot 8, Vail Lionshead 1"'. Applicant: LionsquareNorthCondoAssociation MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED - Subject to final staff review. Dominic REVTSED 5/6/99 3. Adam residence - Conceptual review of a proposed remodel. 765 West Forest RoacULot 8, Block 2, Vail Village 6'n. Applicant: Nancy Adam, represented by Fritzlen, Pierce, Smith CONCEPTUAL-NO VOTE 4. Henkes residence - Final review of a new primary/secondary residence. Allison 2824 Snowberry Drive I Lol 17, Block g, Intermountain. Applicant: Andrew Henkes MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPFOVED 5. Wiley residence - Conceptual review lor a new primary residence and Type ll Allison employee housing unit. 1 538 Spring Hill Lane/Lot 14, Block 3, Vail Village First Filing. Applicant: WileyFamilyPartnership CONCEPTUAL-NO VOTE 6. Valleau Residence - Conceptual review of a remodel/addition to an existing residence. Allison 4839 Meadow DriveiLot 17, Block 5, Bighorn Fifth. Applicant: Bob & Kathy Valleau MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 CONSENT APPROVED Scalise Residence - Conceptual review of a new primary/secondary residence. 2567 Arosa Dr./Lot 9, Block E. Vail Das Schone 1"' Allison Applicant: Dennis Scalise CONCEPTUAL-NO VOTE Jeff 8. Waterhouse residence - New garage. 285 Forest Roadilot 20, Block 7, Vail Village 1"'. Applicant: Steve & Linda Waterhouse, represented by Steven Riden CONCEPTUAL_NO VOTE L Shaper residence - Review of a new garage. Jetf 2645 Bald Mountain Road/Lot 10, Block 2, Vail Village 13'n. Applicant: Steve Shaper MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 TABLED UNTIL MAY 19, 1999 10. Vail Interfaith Chapel- Remodel/addition at existing facilily. Jeff 19 Vail Road / Lot J, Block 7, Vail Village First Filing. Applicant: Vail Religious Foundation, represented by Victor Mark Donaldson Architects MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 5-0 TABLED UNTIL MAY 19. 1999 Brent 7. o REVISED 5/6/99 11. Kinzelberg residence - Conceptual review. Jeff Lot 4, Spraddle Creek Estates. Applicant: Harvey Kinzelberg, represented by Hans Berglund CONCEPTUAL-NO VOTE 12. Grand Traverse Lot 16 - Final review of a new single{amily residence. George 1800 Lionsridge Loop i Lot 16, Dauphinais-Moseley Subdivision.Applicant: Dauphinais-MoseleyConstruction MOTION: Melissa Greenauer SECOND: Tom Weber VOTE:4-0 APPROVED PER REVISED PLANS 13. Lot 25, Glacier Ct. - Conceptual review of a proposed new primaryisecondary residence. George 1854 Glacier Ct./Lot 25, Block 2, Lionsridge #3. Applicant: Pat Dauphinais CONCEPTUAL-NO VOTE 14. Westhaven Club & Lodge - Final review ol a proposed new Fractional Fee Club George and employee housing project. 1325 Westhaven Dr., Westhaven Condominiums/ Cascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby Robinson MOTION: Bill Pierce SECOND: Hans Woldrich VOTE:5-0 CONSENT APPROVED 15. Dobson lce Arena - Conceptual review locker room/load!1g dock expansion. George 321 E. Lionshead Circle/Lot 1, Block 1, Vail Lionshead 2 " Filing. Applicant: Vail Recreation District, represented by Odell Architects CONCEPTUAL-NO VOTE 16. Lot 4, Gore Creek Subdivision.- Conceptual review of a new primary/secondary residence.George 5166 Black Gore Drive/Lot 4, Gore Creek Subdivision. Applicant: Greg Amsden CONCEPTUAL-NO VOTE Staff Aoorovals Brooktree Condominiums - Stairway/landing replacement. Brent 980 Vail View Drive/A portion of Block B, Lions Ridge Filing 1. Applicant: BrooktreeTownhomesHOA Burillo residence / Northwind development - Revised landscape plan. Brent 365 Mill Creek Circleilot 1 6, Block 1 , Vail Village 1"' Filing. Applicant: Northwind Development Rizk residence - Bedroom/dining room addition. Brent 740 Sandy LaneiLot 4, Block 2, Potato Patch Filing #2. Applicant: Oscar Rizk REVTSEO 5/6/9e Axelrod residence - Exterior repaint. George 2578 Arosa Drive/Lot '1, Block C, Vail das Schone #1. Applicant: Art Axelrod Ketcham residence - changes to driveway. Allison 4301 Glen Falls Lane/Lot 1, Forest Glen. Applicant: Linda Ketcham Berndt residence - Site plan changes. Allison 756 Potato Patch/Lot 4, Block 2, Potato Patch, Applicant: Wolfgang Berndt MacLean residence - Interior conversion of crawl space. George 1330 Sandstone Drive, Overlook, Unit #1ZG-4, Vail Lionsridge. Applicant: John Maclean Walzer residence - Addion of stone veneer to deck rail and chimney. George 333 Beaver Dam Road/Lot 41, Block 7, Vail Village 1"'. Applicant: George Schaetfer Construction Co. Timber Falls Building #18 - North side deck extension. Brent 21459 Timbertalls Ct. #1 8/Timberfalls Condominiums. Applicant: Timber Falls Phase lX Association The applications and information about the proposals are available for public inspection during regular otfice hours in the project planne/s office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing lmpaired, for information. 75 South Frontage Road Vail, Colorado 81657 970-479-213V479-2139 FAX 970-479-2452 Department of Community Development May 6,1999 Steven Riden PO Box 3238 Vail, CO 81658 Waterhouse garage, 285 Forest Road Lot20, Block 7, Vail Village lst Dear Steven: The plans that were submitted for the garage were conceptually approved by the Design Review Board (DRB) on May 5'h. The DRB had the following comments. The roof should come to a prow at thc ridgeline on both ends. The roof should be completely within the parcel lines. The east wall should be a wood railing rather than stone veneer. The proposal is scheduled for final review before the DRB on May l9'h. Revised plans should be submitted by May l4'" Because I have accepted a position with the Town of Breckenridge, another plarurer will be assigrred to this project. You may contact Dominic Mauriello, Chief Planner,970-479-2148 regarding the new planner. Please feel free to contact me through May l4th at 970-479-2140 to discuss the project. Sincerely, Re: Senior Planner {,7 *'n'uo'u"* I o MEMORANDUM TO: Town Council FROM: Community Development Department DATE: May2,2000 SUBJECT: A discussion on the purchase of public righfof-way for an already constructed garage located at 285 Forest Rd./ Lot 21 ,Vail Village 1", Applicant: Steve & Linda Waterhouse, represented by Dunn, Abplanalp, and Mauriello, P.C.Planner: Allison Ochs I. DESCRIPTION OF THE REQUEST AND BACKGROUND A front setback variance was granted by the Planning and Environmental Commission in April of 1 999 to allow for the construction of a garage in the front setback. The garage was approved with a 3.5 ft. setback. The request was called up by Council on April 20, 1999 and the Town Council upheld the variance request. A building permit was issued on July 21, 1999. when the lmprovement Location Certificate was submitted to the Community Development Department on December 13, 1999, the survey indicated that the garage had been built over the front property line and into the public right-of-way due to surveyor error at construction. The Planning and Environmental Commission memo and minutes on the original variance request have been attached for reference. The Town Council reviewed a request to allow this encroachment to remain at their January 18, 2000 worksession. The owners have retained new representation and are retuming with an offer lo purchase the right-of-way and resubdivide the lot. This request would require two readings of an ordinance and still would require returning to the Planning and Environmental Commission for the variance request and the re-subdivision. II. STAFF RECOMMENDATION The Community Development Department recommends denial of the purchase of the public righfof- way for this private use for the following reasons:r Other requests for use of the public nghfof-way for private purposes piorto construction have been denied. . The integrity of the right-of-way is compromised. Future road projects and snow removal are potentially complicated. r According to the plans, the garage was supposed to be 3.5 ft. from the property line. Staff believes that it is possible to relocate the garage without compromising the existing vegetation.. Presents a potential traffic hazard.. Fails to meet the Development Standard requiring 24 ft. from the door of the garage to the edge of pavement. Should the Council choose to allow the applicant to purchase the Town of Vail right-of-way, staff will begin the purchasing process. The sale of the right-of-way will require two readings of an ordinance, which will be scheduled at the next available Council evening meeting. t DUNN. ABPLANALP & MAURIELLO. P. C. Memorandum DATE: May 1,2000 TO: Vail Town Council FROM: John W. Dunn RE: Stephen and Linda Waterhouse 85 Forest Road Lot2l, Vail Village First Filing In connection with the work session on May 2,2000, we wish to present certain documentation which we believe is relevant to the issue under discussion. Al1 except the drawing of existing encroachments on Forest Road are attached to this memorandum. 1. Deed of easement recorded May 16, 1989, between the Town and Forest Road Associates. This document is submitted as evidence of precedent which has already been set in connection with Forest Road encroachments. It is noted that this easement permits an encroachment of over seven feet whereas the encroachment caused by the Waterhouses' garage is closer to seven inches. The form of this easement is fully acceptable to Mr. and Mrs. Waterhouse, but, according to their understanding, it was not acceptable to the Town. Because of that, the offer to purchase the fee interest was submitted. 2. Memorandum dated January 22, 1996, which makes the requirement of the submittal of an Improvement Location Certificate in connection with foundation inspections under certain conditions. Neither Mr. and Mrs. Waterhouse nor their contractor was ever advised of this requirement. 3. Foundation approval dated September21,l999. This approval makes no requirement of an ILC although it does contain a condition of "MUST BE CONSTRUCTED PER TREE PRESERVATION ON FILE.'' 4. C.R.S. $ 38-51-108, describing the limitations of an ILC. It is noted that an ILC "shall not be designated or construed as being a land survey plat or improvement survey olat." 5. Drawing of encroachments on Forest Road. Particularly compared with other encroachments, the degree of encroachment by the Waterhouse garage is de minimis. Certainly it is not detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. jwd:ipse THU, 24-FE5-00 1?:59 l]I]ll05 PfiRTNERS LTij {ri?t 823945 r7 4@57? B-ES€, p-3?4 A3/ r5/A3 '?.ZA JOHNN€t:E IIIILLlFS EA6'-A C6UN;Y CL€?I("GiaFl 9. OA DAC 6.@ i.-..,. I 0e:0 0i €tsoFgli :4- I ,. I ile ;Ct'I 0F Y4IL. a Co)cr.at :-'::- -J:- o ilunrc,igt; CaF ordtion (',Gr:6g1rn1, f:r s:oC and vsltrrblc aonsi{erattt.. the receitt tEc ,r..{f+e icncy oy' rhicn ,.) tg*noHl edcsd, ncfgby qrat:lt, rrbjec!, te r] I r-he.-c.rrE and .ondllicns hereai,:6 FCe€!? eOAi ASSOCIAT_S, r Colo'atr6 cenersl pAiinti.shlp (.Grttn:ag!). itt t,rccegsor3 rn{ assiEns, r,,r e:C:usiyo ltsetEln: foF :h. r+^at:,sctl cn and,lfntcnioge !f j Eariga; to€,ethcf ,ri -.Jr al? rigtts a'd pirvr:eg95 a5 are nece3liry o.incidentSl te lhe FEr€onabio anc ir€re!. !5e df 3u:li eas€dcn q il tcd ie, rrgon. c./eF .J:g agrcss lha prooer:y .rog4ribeC .in th6 rt:cc.'l.( :xhlbii '.{'. t.lttch by ihis f*feronc+ bccoees a ptrE here€f, Sald 2rogal,ty bcilrE.,rilhit lho iqwn qf y.i,!, Corrnt/ ef Eag]c, Stl _!e of Coiofado-g.id ease|ltpni Sha.ll be a DOrEJrnOn! 6sJe.iont. cxcapr r5 ro .-tro |,rg?ii gti OflS htrol a crr!r.{ ngd. lhe Sraniee. for igse;t' lnJ ig! guccesscrs and.s'signs, do*3 hara9y scygntni &1d lg|"e€ ; -l) ihat said arrenrat 9hri1 !3 vsad 5ole,ly ior garggg prlrgosls and tt 3uc,' i....,. 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CorCrt.jonr. cavenanis, rnc agFe|r:}qnEs teraot $rlcn lrq. ,y lttei: veFy rtlul.c, fulty and ctnOlaiely porfartod upon tlrr elaf(nE 6f --hc tce454gg;e11 hcrrtn g.cviCf: i9a. tll of thq t?irrr6 | coftciiigns. cgr,tn alr-r6, dnd rqregft|tes horaifi ter_ foF.-h :rrq canrlia.d 3irall :urviv€ :hr closjnq ,rnd !htll De bj:1di.; eFon and i.rurr :,? th! bcnaf.f t of tl'e J.::!lcS here:o, iheir atcn:s. DersqnJl r"r:e9en::tivOs . frei,.r, leSSeeg. suCCesg€l.3 a:rd rts i gns. Eigncd Lh'i. 5{h c:y ol iriy, lsae. P. 18 rl4i11 823!41 T0g* c!- yAIL, r Colorado llt;nici 9ai Cgrlorati on 5y Za'? lrse. vayqr ilDd rtiescrd_ t,c ty pirtt€l e of Vai i oa ttris f? cry o. Zlj,^ - bf Roi.al4 ;, E:'r'ic , I gEder.l thi I 9:h day ol' _w3, xr|r.L ?6'. l0o ' - THU, 24-FEB-OO i?:59 l-rFruOl PF|RTI\IERS LTil s"AiE OF coLoRAoq ) ccUII:Y oF EAELE ] '=. Subscfib€d and sna,. t A. SrananEiea, Tonn C1€ Fk .19E9. tty aorm{5si:n eKi,:,es: )-n-.a-.,1 | " ;Q i \--------_ (5n| ) \ 11 r. t0 before .df ihe loran r{to !: Sr:TE Cf' CCLoRTIOO courtir 0F EIGLE Sebscr I b{d iird Dartncr of For6J t Hy a on't i is ion ,.tr:itt fo1, .\. \,.c1: /Jl \-, - .fi-o. ..,F,'lnr \Q o '-l 6 t^ '."'.{t _ 3' a^r" )I ss, ) 3lorn to bef:re nt Road Associetor, on exD t res : 4gea7: E-trO6 e-3?.1 05/ 1i,/ag !2.ea P6gOtJ I1 Y.HU,'14-FEB-00 l8:00 hFNUFRRINERSLTD 44i?l 8239441 5; iiriE;i;:ii ie_ii lll jq i", ;!i;i:':gi ;! l=":rgji!-"i :;;j;i.:,li sirilirti ii ;ii;:::;:j is *---;,.:!:i,re j t iiry#iiij u ifl;';iiiitiii: j *i **i#xi ; o o o ql \rl o .a tt , I ta t! .ll 3 L I ! t: !i tl it ril | !t /l it rl il il 3: i:Y,.i -, ,- -:: :!::i;;tj if ;*iiijjij ii iiii;rgjii i: iI:'.E;;::: ji*ffi ;;ft:jjij;rii;t --i '-J.o.!:i"il E .l; ;-?r;jJi^ilj 5 ;lj q:j.:"--:s:, ; i;j f;li;;;i:i; ,AF ((--=__'_\3 i:,#t t 2 (t I I ({) i^ )1c i I n(v -.'J ''.r) |<vl -l J iDIiL P, Ii Approved April 26, 1999 MEMBERS PRESENT: John Schofreld Galen Aasland Diane Golden Tom Weber Public Hearing MEMBERS ABSENT: Greg Moffet Brian Doyon Ann Bishop STAFF PRESENT: Dominic Mauriello George Ruther Jeff Hunt Judy Rodriguez PLANNING AND ENVIRONMENTAL COMMISSION April 12, 1999 M in utes 2:00 p.m. John Schofield called the meeting to order at 2:00 p.m. 1. A request for an amendment to a previously approved final plat for the Tall Pines Subdivision, locaied at2239 Chamonix Lane / Lots 1 & 2, Tall Pines Subdivision. Applicant: Chamonix Development Group, LLC & Paintbrush-Tall Pines, GP Planner:Dominic Mauriello Dominic Mauriello gave an overview of the staff memo. John Schofield asked if the applicant had any comments. Kurt Davis, one of the two owners, said there were a number of studies done with Art Mears. He thought it ok to swell over the envelope lines, as they did own the property, and that no view corridors would be affected. He said the supports would be 7' high. John Schofield asked for any public comments. There were no public comments. Discussion ensued. Tom Weber made a motion for approval in accordance with the staff memo. Galen Aasland seconded the motion. The motion passed by a vote of 4-0. 2. A request for a variance from Section 12-6H-8, Town of Vail Municipal Code, to allow for gross residential floor area (GRFA) in excess of the allowable maximum, located at 303 Gore Creek Drive #8 / Lot 8, Block 5, Vail Village First Filing. Applicant: P. Anthony & Constance Ridder, represented by Gwathmey-Pratt Architects Planning and Environmental Commission Minutcs Aprit 12. 1999 Approved April 26, 1999 Planner: George Ruther George Ruther gave an overview of the staff memo. John Schofield asked if the applicant had anything to add. Andy Blumetti, from Gwathmey Pratt Schultz, representing the owner, stated that 2 of the other lots were over the 60% site area of allowable GRFA, and this was determining density. He said lot 12 was at 91o/o of the site area. John Schofield asked for any Commissioner comments. Tom Weber asked why the adjoining owners were over in GRFA and if they were built before the oveniding zoning. George Ruther said they were built under Eagle County regulations. He said that while there was a non-conforming condition on the siles, there was an opportunity to add 250 sq. ft. Tom Weber thought it would be a grant of special privilege. Galen Aasland had no comments. Diane Golden thought it would be a grant of special privilege. Andy Blumetti said that they were just trying to catch up with the existing owners. Tom Weber said the project was developed under County zoning codes, not under the Town of Vail code. John Schofield said he saw no hardship and therefore a grant of special privilege. Andy Blumentti said the hardship was trying to catch up with the other owners. Galen Aasland made a motion for denial, in accordance with the staff memo. Diane Golden seconded the motion. The motion to deny passed by a vote of 4-0. 3. A request for a variance to the front setback, to allow a new garage, located at 285 Forest Road/Lot 20, Block 7, Vail Village 1"r. Applicant: Steve & Linda Waterhouse, represented by Steven Riden Planner: Jeff Hunt Jeff Hunt gave an overview of the staff memo. John Schofield asked if the applicant had anything to add. a Planning and Envrronmental Commission Minutes April 12. 1999 Approved April 26, 1999 Steve Riden representing the applicant, said he compromised and reduced the length of the garage to 20', with a 19'inside space. He said lengthening the retaining wall was included in the proposal to Protect a mature tree and that the situation was being improved by moving the garage further away from the side setback. Galen Aasland asked if there would be space above the garage. Steve Riden, said no. John Schofield asked for any public comment. There was no public comment. Tom Weber said he was in favor of this and suggested that the new outside parking space be cantilevered, as he thought the tree would be lost with a foundation. Galen Aasland agreed with Tom. He said it needed to be cantilevered, so as not to change the water table and the garage needed to be limited to 1 story. Diane Golden said she was in favor of granting this, as the applicant had made a concerted effort, and so she agreed with her fellow commisstoners. John Schofield said the tree warranted a hardship and that there were other garages in the front setback in that neighborhood, but the lighting on the existing lot would need to be brought into compliance as part of this approval. He suggested using one or more of the existing piers and cantilevering the north portion. Steve Riden said he could cantilever 5'. Tom Weber made a motion for approval with 5 conditions: 1. That the north wall and roof line of the new garage do not extend any closer to the mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist. 2. That the site lighting be brought into compliance with the Town regulations. 3. That the pier & beam garage foundation & parking space be cantilevered to minimize the site disturbance. 4. That the plate height of the garage roof be determined by a reasonable 8' garage door.5. That the garage roof eave does not extend over the front property line into the public right-of- way. The motion passed by a vote of 4-0. 4. A request for a worksession to discuss an amendment to Special Development District #30 (VAC), to allow for an additional dwelling unit and reduciion of accommodation units, located at the Vail Athletic Club, 352 E. Meadow Drive/Parcels A & B, Vail Village First Filing. 3 Planning and Environmental Commission Minutcs April 12. 1999 Approved April 26, 1999 Applicant: JWT 1987 Limited Partnership, represented by John perkins Planner: Dominic Mauriello/Brent Wilson Dominic Mauriello gave an overview of the staff memo. John Schofield asked if the applicant had anything to add. Stan Cope and John Perkins, representing the Vail Athletic Club, introduced themselves and Stan Cope stated that they were looking for fewer high-end hotel rooms with an increase of more than doubling the AU square footage. He said they were trying not to have controversial redevelopmenl and that only one dormer on the south side increased the mass of the building, with all the redevelopment being down on the third floor. He said they would like to try and change the AU zoning, since they were an SDD and would like to have 46-48 keys in the ordinance for a little more flexibility. Dominic Mauriello said there were other SDD's out there that have flexibilitv created in the ordinance. Discussion ensued with issues being raised on the size of the EHU's, the large size of the new DU and concerns over the separate application for a new dormer, etc. No action was taken. John Schofield stated for the record that there was no public present to comment. 5 A request for a minor amendment to a previously approved development plan, to allow for the construction of a skier tunnel at the Golden Peak Ski Base, located at 458 Vail Valley Drive / Tract B, Vail Village 7'n Filing. Applicant: Vail Associates Planner: Jeff Hunt STAFF APPROVED 6. A request for a modification to a platted building envelope, located at 1047 Riva Glen/ Lot 6, Spraddle Creek Estates. Applicant: Franco D'Agostino, represented by Robert Mach Planner: Allison Ochs TABLED UNTIL APRIL 26, 1999 7. A requesi for a variance from Section 12-6D-6, to allow for a building encroachment into a rear setback, located at 2657 Arosa Drive / Lot 8, Btock D, Vail Ridge. Applicant: Town of Vail Planner: Allison Ochs 4 Planning and Environmental Commission Minutcs April 12, I999 ApprovedApril 26, 1999 TABLED UNTIL APRIL 26, 1999 8. A request for a final review of a proposed locker room expansion to the Dobson lce Arena, located a|321 E. Lionshead CircleiLot 1. Block 1. Vail Lionshead 2nd Filino. Applicant: VailRecreationDistrict Planner: George Ruther TABLED UNTIL APRIL 26, 1999 Diane Golden made a motion to table items #6, #7 and #8. Tom Weber seconded the motion. The motion passed by a vote of 4-0. 9. A request for a minor amendment to Special Development District No. 35, Austria Haus, to amend Section 6 of Ordinance #12, Series of 1997 to clarify a condition of the Ordinance, located at 242 E. Meadow Drive/ Part of Tract C, Block 5D, Vail Village 1"' Filing. Applicant: Bill Sullivan, representing the Austria Haus Development Group Planner: George Ruther WITHDRAWN 10. A request for a final review of a major amendment to Special Development District #6, Vail Village Inn, to allow for a hotel redevelopment, located at 100 East Meadow Drive, Lots M and O, Block 5D, Vail Village 1st. Applicant: Daymer Corporation, represented by Jay Peterson Planner: George Ruther WITHDRAWN 1 1. A request for a conditional use permit, to allow for outdoor patio seating at Special Development District #35, located al242 East Meadow Drive / Austria Haus Club & Hotel. Applicant: Johannes Faessler Planner: George Ruther WTHDRAWN 12. lnformation Update o Timberfalls letter (in packet) 5 Planning and Environmental Commission Mnutes April 12, 1999 Approved April 26, '1999 Russ Fonesl asked if the PEC would like to be involved in the Orientation process of the new PEC members. 13. Approval of March 22, 1999 minutes. Tom Weber made a motion for approval of the amended minutes. Galen Aasland seconded the motion. The motion passed by a vote of 3-0 (Diane Golden abstained). Diane Golden made a motion to adjoum. Tom Weber seconded the motion. The motion passed by a vote of 4-0. The meeting adjourned at 3:30 p.m. 6 Phnning and Environmental Commission Mitrutcg April 12, 1999 '|l , o coMMrssroN AND ENVIRONMENTAL o PLANNING FttE coPy PUBLIC MEETING SCHEDULE Monday, April 12, 1999 FINAL AGENDA Proiect Orientatlon / PEC LUNCH - Communiw Development Department 12:15 p.m. MEMBERS PRESENT MEMBERS ABSENT John Schofield Greg Moffet Galen Aasland Brian Doyon Diane Golden Ann Bishop Tom Weber Site Visits : 1:15 p.m. 1. Ridder - 303 Gore Creek Drive 2. Waterhouse - 285 Forest Road Driver: George K4 NOTE: lf the PEC hearing €ltends until 6:00 p.m., th€ board will break for dinner from 6:00 - 6:30 p.m. Public Hearino - Town Council Chambers 2:00 p.m. 1. A request for an amendment to a previously approved linal plat for the Tall Pines Subdivision, located at 2239 Chamonix Lane / Lots 1 & 2, Tall Pines Subdivision. Applicant: Chamonix Development Group, LLC & Paintbrush-Tall Pines, GP Planner: Dominic Mauriello MOTION: Tom Weber SECOND: Galen Aasland VOTE:4-0 APPROVED 2. A request for a variance lrom Section 12-6H-8, Town of Vail Municipal Code, to allow for gross residential floor area (GRFA) in excess of the allowable maximum, located at 303 Gore Creek Drive #8 / Lot 8, Block 5, Vail Village First Filing. Applicant: P. Anthony & Constance Ridder, represented by Gwathmey-Pratt Architects Planner: George Ruther MOTION: Galen Aasland SECOND: Diane Golden VOTE: 4-0 DENIED r !'oo . 9.,y - /Lrequebt for a variance to the front setback, to allow a new garage, located at 285 Forest RoacULot 20, Block 7, Vail Village 1$. Applicant: Steve & Linda Waterhouse, represented by Steven Riden Planner: Jeff Hunt MOTION: Tom Weber SECOND: Galen Aasland VOTE:4-0 APPROVED WITH 5 CONDITIONS: 1. The north wall and roof line of the new garage do not extend any closer to the mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist.2. That the site lighting be brought into compliance with the Town regulations.3. That the pier & beam garage foundation & parking space be cantilevered to minimize the site disturbance.4. That the plate height of the garage roof be determined by a reasonable 8'garage door.5. That the garage roof eave does not extend over the front property line into the public right-of-way. 4. A request for a worksession to discuss an amendment to Special Development District #30 (VAC), to allow for an additional dwelling unit and reduction of accommodation units, located at the Vail Athletic Club, 352 E. Meadow Drive/Parcels A & B, Vail Village First Filing. Applicant: JWT 1987 Limited Partnership, represented by John Perkins Planner: Dominic Mauriello/Brent Wilson WOFKSESSION_ NO VOTE 5. A request for a minor amendment to a previously approved development plan, to allow for the construction of a skier tunnel at the Golden Peak Ski Base, located at 458 Vail Valley Drive / Tract B, VailVillage 7th Filing. Applicant: Vail Associates Planner: Jeff Hunt STAFF APPROVED 6. A request for a modification to a platted building envelope, located at 1047 Fliva Glen/ Lot 6, Spraddle Creek Estates. Applicant: Franco D'Agostino, represented by Flobert Mach Planner: Allison Ochs TABLED UNTIL APRIL 26, 1999 7. A request for a variance from Section 12-6D-6, to allow for a building encroachment into a rear setback, located aI2657 Arosa Drive i Lot 8, Block D, Vail Ridge. Applicant: Town of Vail Planner: Allison Ochs TABLED UNTIL APRIL 25. 1999 , 8. A request for a fin f a proposed locker room to the Dobson lce Arena, located at 321 E. Circle/Lot 1, Block 1, Vail 2no Filing. Applicant: VailRecreationDistrict Planner: George Ruther TABLED UNTIL APRIL 26, 1999 9. A request for a minor amendment to Special Development District No. 35, Austria Haus, to amend Section 6 ol Ordinance #12, Series of 1997 to clarify a condition of the Ordinance, located at242 E. Meadow Drive/ Part of Tract C, Block 5D, Vail Village 1"t Filing. Applicant: Bill Sullivan, representing the Austria Haus Development Group Planner: George Ruther WITHDRAWN 10. A request for a final review of a malor amendment to Special Development District #6, Vail Village Inn, to allow for a hotel redevelopment, located at 100 East Meadow Drive, Lots M and O, Block 5D, Vail Village 1st. Applicant: Daymer Corporation, represented by Jay Peterson Planner: George Ruther WITHDRAWN 11. A request lor a conditional use permit, to allow for outdoor patio seating at Special Development District #35, located al242 East Meadow Drive / Austria Haus Club & Hotel. Applicant: Johannes Faessler Planner: Georoe Ruther WITHDRAWN 12. Inlormation Update o Timberfalls letter (in packet) 13. Approval of March 22, 1999 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Sign language interpretation avaihble upon request with 24 hour notification. Please call479-2356, Tdephone for the Hearing lmpaired, for information. Com munity Development Department )-tr VAIL TOWN COUNCIL TUESDAY, APRIL 20, 1999 2:00 P.M. AT TOV COUNCTL CHAil|BERS AGENDA NOTE: Time of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. 2. Jeff Hunt 3. Todd Oppenheimer Greg Hall - 10 Year Anniversary. (5 mins.) Site Visit and Town Council call-up of the PEC Waterhouse Variance Approval. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve, deny or modify the approval ofthe variance. BACKGROUND RATIONALE: A request for a variance to the front setback, to allow a new garage, located at 285 Forest Road/Lot 20, Block 7, Vail Village 1"t. Applicant: Steve & Linda Waterhouse, represented by Steven Riden. MOTION: Tom Weber SECOND: Galen Aasland VOTE:4-0 APPROVED WITH 5 CONDITIONS:1. The north wall and roof line of the new garage do not extend any closer to the mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist.2. That the site lighting be brought into compliance with the Town regulations.3. That the foundation & parking space be cantilevered to minimize the site disturbance.4. That the plate height of the garage roof be determined by a reasonable I'garage door.5. That the garage roof eave does not extend over the front property line into the public right-of-way. The Planning and Environmental Commission unanimously approved a variance to allow for the construction of a replacement garage with a 3' front setback and for the construction of a parking space with a 4' side setback. Please refer to attached plan for details. The approval was based on: the site being restrictive; that the mature evergreen tree behind the existing garage should be saved; and that there are other similarly situated structures in the area. RECOMMENDATION: Staffs original recommendation to the PEC was for denial. Please refer to the attached pEC memo for details. Staff recommends the Council uphold, overturn or modify the approval of the variance. Ford Park Playground Rehabilitation. (20 mins.) 4. George Ruther Jerry Wurhman Frank Johnson Business Alliance a 9. Discussion of Ordinance No.1 1 , Series of 1999, an ordinance repealing and re-enacting Ordinance No. 23, Series of 1999 and Ordinance No. 1, 1999, to provide for amendments to Development Area A, Cascade Village, that concern the Approved Development Plan for the Westhaven Condominiums Development Site and the accessory and conditional uses allowed in the Vail Cascade Club & Hotel, and setting forth details in regard thereto. (15 mins.) ACTION REQUESTED OF COUNCIL: Review Ordinance No. 1 1, Series of 1999, prior to first reading BACKGROUND RATIONALE: On January 11, 1999, the Planning & Environmental Commission reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for the construction of eleven fractional fee club units, seventeen accommodation units and twenty-one employee housing units on the site of the ,Ruins',. On December 28, 1998, the Planning & Environmental Commission reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for the accessory use of the tennis facility for special events and conference facilities at the Vail Cascade Club & Hotel. On October 26, 1998, the Planning & Environmental Commission reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for a ',transportation business" as a conditional use within the District, subject to the issuance of a conditional use oermit. Copies of the staff memoranda to the Planning & Environmental Commission for each of the three requests are attached for reference. Discussion of Marketing District re: whether the TOV "goes it alone" or whether the regional effort is still do-able this fall. (5 mins.) Council Member Schedules For May/June Meetings to Confirm Quorum. (5 mins.) Information Update. (10 mins.) Council Reports. (10 mins.) Other. (10 mins.) Executive Session - Contract Negotiations. (45 mins.) Adjoumment - 4:35 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION wlLL BE oN TUESDAY,4t2zt99, BEG|NNING AT 2:00 p.M. tN Tov couNctl GHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION wlLL BE oN TuESDAY,5t4t9g, BEG|NNING AT 2:00 p.M. tN Tov couNctl CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING wlLL BE oN TUESDAY, s/4/99, BEGiNN|NG AT z:00 p.M. tN Tov couNctl cHAMBERs. Sign language interpretation available upon req-u&t-wiinZinour notification. please cail 479- 2332 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL EVENING MEETING TUESDAY, APRIL 20, 1999 7:OO P.M. IN TOV COUNCIL CHAMBERS AGENDA NorE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1.CITIZEN PARTICIPATION. (5 mins.) Presentation of Vail Youth Recognition and Vail Valley Youth Ambassador Awards. (5 mins.) ACTION REQUESTED OF COUNCIL: Present the following awards; Vail Youth Recognition Award to Laura Haslee of Battle Mountain High School and Whitney Hopkins of Vail Mountain School. Vail Valley Youth Ambassador Award to Emily Sargent of Battle Mountain High School and Jared Staber of Vail Mountain School. A slide presentation to illustrate the existing development standards of properties in the Public Accommodation Zone District. (30 mins.) ACTION REQUESTED OF COUNCIL: Watch the slide presentation and provide any direction that the Council may have to the applicant and/or staff. BACKGROUND RATIONALE: At the March 8th meeting of the Planning & Environmental Commission, Tom Braun gave a slide presentation to the Commission. The slide presentation illustrated the various impacts of each of the development standards (setbacks, site coverage, landscaping, etc.) on the development of a site in the Public Accommodation Zone District. Staff believes that the slide presentation will be informative to the Council and the community. STAFF RECOMMENDATION: The Community Development Department will provide a recommendation at the time of a final review on the proposed amendments to the Public Accommodation Zone District. Ordinance No. 10, Series of 1999, first reading of an ordinance repealing and re-enacting Ordinance No. 17, Series of 1995, Special Development District No. 7, The Marriott's Mountain Resort at Vail, amending and re- establishing the Approved Development Plan in accordance with Section 12-9A-1 0 of the Zoning Regulations to allow for the interior and exterior remodel of the existing hotel and the construction of the Gore Creek Club, and setting forth details in regard thereto. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 10, Series of 1999, on first reading. BACKGROUND RATIONALE: On Monday, March 8, 1999, the Town of Vail Planning & Environmental Commission reviewed and recommended approval of the proposed major amendment to Special Development District No.7, The Marriott, pursuant to section 12-16-6 of the Town of Vail Zoning Regulations. George Ruther Tom Braun 4. George Ruther Henry Pratt .rl : 5. George Ruther Jerry Wurhman o. Allison Ochs Russ Forrest The Planning & Environmental commission's recommendation of approval was based upon the review of the nine design criteria outlined in the staff memorandum. Having reviewed the criteria, the Commission found that, the proposed major amendment to Special Development District No. 7 complies with the nine design criteria ouflined in section 12-9A-g of the Town of Vail Municipal code. Additionally, the applicant demonstrated to the satisfaction of the commission that any adverse effects of the requested deviation from the development standards of the underlying zoning are outweighed by the public benefits provided. The Planning & Environmental commission's recommendation canied with it twelve conditions of approval. The conditions of the commission's approval are found in Section 6, of Ordinance No. 10, Series of 1999. A copy of the staff memorandum and the final agenda from the March gm meeting are enclosed for reference. STAFF RECOMMENDATION; The Community Development Department recommends that the Council approve Ordinance No. 10, Series of 1999. on first reading as presented. Ordinance No.'1 1 , Series of 1 999, first reading of an ordinance repealing and re-enacting Ordinance No. 23, Series of 1g9g and Ordinance No. 1. '1999, to provide for amendments to Development Area A, Cascade Village, that concern the Approved Development plan for the westhaven condominiums Development site and the accessory and conditional uses allowed in the Vail Cascade Club & Hotel, and setting forth details in regard thereto. (30 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 1 1 , Series of 1999, on first reading. BACKGROUND RATIONALE: On January 11, 1999, the planning & Environmental Commission reviewed and recommended approvat of a major amendment to Special Development District No. 4 to allow for the construction of eleven fractional fee club units, seventeen accommodation units and twenty-one employee housing units on the site of the .Ruins". On December 28, 1998, the planning & Environmental Commission reviewed and recommended approval of a major amendment to special Development District No. 4 to allow for the accessory use of the iennis facility for special events and conference facilities at the Vail cascade club & Hotel. on october 26, 1998, the Planning & Environmental commission reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for a "transportation business" as a conditional use within the District, subject to the issuance of a conditional use permit. copies of the staff memoranda to the planning & Environmental commission for each of the three requests are attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 11, Series of 1999, on first reading. Ordinance No. 7, Series of 1999, second reading of an Ordinance Annexing An Area Commonly Known As Arosa/Garmisch, And Setting Forth Details In Regard Thereto. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 7, Series of 1999, on second reading. I,t 1 Allison Ochs Russ Forrest 8. Allison Ochs Russ Forrest BACKGROUND RATIONALE: The Town of Vail is applying for unilateral annexation and zoning on property which was previously unzoned. This property was obtained by the Town of Vail pursuant to the Land Ownership Adjustment Agreement (LOM) with the United States Forest Service. The Town of Vail is requesting annexation and zoning of outdoor recreation of this 2.66 acres, generally located on the North side of Arosa Drive, and abutting 2497 and 2487 Garmisch to the East and the Town Manager's house to the West. This annexation and rezoning further implements the Town of Vail LOM and portions of the Town of Vail Comprehensive Open Lands Plan. This is one of a series of annexation/de-annexation and zoning procedures that the Town of Vail will be pursuing as a result of the land exchange with the United States Forest Service. This annexation and zoning recommendation is proceeding in conjunction with the Arosa/Garmisch employee housing planning process. This land has been identified as the site of the Arosa/Garmisch neighborhood park. The employee housing and park will be developed simultaneously, as part of the same development plan. STAFF RECOMMENDATION: Approve Ordinance No. 7, Series of 1999, on second reading. Ordinance No. 8, Series of 1999, second reading of an Ordinance Amending The Official Zoning Map For The Town Of Vail In Accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Applying Zone District Designation To A Portion Of Unzoned Property Previously Owned By The United States Forest Service And Transferred To The Town Of Vail Pursuant To The Land Ownership Adjustment Agreement And Annexed By Ordinance No. 7, Series Of 1999 To Outdoor Recreation (Or) District, Section '12-8b For Property Generally Located On The North Side Of Arosa Drive, And Abutting 2497 And 2487 Garmisch To The East And The Town Manager's House To The West More Fully Described As An Unplatted Portion Of The SE %, SE %, SE%, SW % Of Section 11, Township 5 South, Range 81 West. (5 mins.) ACTION REQUESTED OF COUNCIL: Approve, modify or deny Ordinance No. 8, Series of 1999, on second reading. BACKGROUND RATIONALE: See background rationale for Ordinance No.7, Series of 1999. STAFF RECOMMENDATION: Approve Ordinance No. 8, Series of 1999, on second reading. Ordinance No. 9, Series of 1999, second reading of an Ordinance rezoning four tracts from primary/secondary to residential cluster located at 2497 , 2487 , 2485 and 2477 Gramisch Drive, also known as Lots 1 , 2, 3 and 4, Block H, Vail Das Shone, Filing No. 2. (5 mins.) ACTION REQUESTED OF COUNCTL: Approve, modify or deny Ordinance No. 9, Series of 1999, on second reading. BACKGROUND RATIONALE: See background rationale for Ordinance No.7, Series of 1999. STAFF REGOMMENDATION: Approve Ordinance No. 9, Series of 1999, on second reading. Town Manager's Report. (5 mins.) Adjournment - 9:00 p.m. o 10 I t NOTE UPCOMING MEETING START TITITES BELOW: (ALL NXES ARE APPROtrIIATE ANDSUBJECT TD CHAXGE} THE NEXT VAIL TOWN CO-UNdriNE6UUN WORK SESSION wLL BE oN TUESDAY,4t27t99, BEG|NN|NG AT 2:00 p.M. tN Tov couNctl CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION wlLL BE oN TUESDAY , 5t4t99, BEG|NNING AT 2:00 p.M. tN Tov couNctl GHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING wLL BE oN TUESDAY, 5/4/99, BEG|NN|NG AT 7:00 p.M. tN Tov couNctL CHAMBERS. Sign language interpretation available upon reques-t wm ZZ nour notification. please call 47g-2332 voic,e or 479-2356 TDD for information. C:UGENDATC (Request form must be given to the Secretary to the Town Manager by 8:QQ_a.nOJtCICdgyS-.) MEETING DATE: April20, 1999 (Prepare a separate Agenda Request for each agenda item. lf the agenda item will be discussed at both a Work Session and an Evening Meeting, be certain to check both boxes in this section and indicate time needed during each meeting.) X Work Session X Site Visit Evening Meeting TIME NEEDED: 15 min TIME NEEDED: 15 min TIME NEEDED: WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF? NO. X YES. By the applicant. WILL THE PRESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENT? X NO. YES. Specifics: WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM? NO. X YES. lf yes, is the material also for public distribution? X YES. NO. ITEM/TOPIC: Town Council call-up of the Waterhouse variance approval. ACTION REQUESTED OF COUNCIL: Approve, deny or modify the approval of the variance. BACKGROUND RATIONALE: A request for a variance to the front setback, to allow a new garage, located at 285 Forest Road/Lot 20, Block 7, Vail Village 1"'. Applicant: Steve & Linda Waterhouse, represented by Steven Riden Planner: Jeff Hunt MOTION: Tom Weber SECOND: Galen Aasland VOTE: 4-0 APPROVED WITH 5 CONDITIONS:1. The north wall and roof line of the new garage do not extend any closer to the mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist.2. That the site lighting be brought into compliance with the Town regulations.3. That the foundation & parking space be cantilevered to minimize the site disturbance.4. That the plate height of the garage roof be determined by a reasonable 8'garage door.5. That the garage roof eave does not extend over the front property line into the public right-of-way. The Planning and Environmental Commission unanimously approved a variance to allow for the construction of a replacement garage with a 3' front setback and for the construction of a parking space with a 4' side setback. Please refer to attached plan for details. The approval was based on: the site being restrictive; that the mature evergreen tree behind the existing garage should be saved; and that there are other similarly situated structures in the area. RECOMMENDATION: Staffls original recommendation to the PEC was for denial. Please refer to the attached PEC to for details. Staff recomm"nO" tr" tncil uphold, overturn or modify the approval of the variance. Staff: Jeff Hunt 1212711999 Variance Request Parcel A, A ResuMivision Of Lot 20, Block 7, Vail Village First Filing 285 Forest Road Zone District: Primary/SecondarY Existing minimum front building setback: Requested minimum front building setback: 20 feet 0 feet (garage structure) This request is to allow a garage structure to be constructed on said Parcel A with no setback from the front property line. Parcel A is situated on the downhill side of Forest Road. The terrain falls away abruptly from the edge of the right-of-way. In order to create more off-street parking, a new two-car garage is being constructed adjoining the right-of- way. In order to avoid affecting existing trees, and to accommodate the existing topography, the garage needs to be located as close to the right-of-way as possible. The pavement for Forest Road meanders within its right-ofway. Along Forest Road, numerous structures and features currently exist encroaching into the right-of-way. On Parcel A is an existing retaining wall, which extends in excess of nine feet into the right-of-way. By allowing this garage to be built up to the front property line would not affect the flow oftraffrc, or use of the right-of-way by the public. oo TOTUN OFVA]L Department of Commmity Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 March 30, 1999 Steven Riden PO Box 3238 Vail, CO 81658 oo FILE COPY Re:Waterhouse garage variance, 285 Forest Road Lot20, Block 7, Vail Village 1st Dear Steven: The plans that were submitted for the garage have been reviewed. The Town of Vail staff has following comments. The existing garage was granted a variance in part due to the large tree that is directly north of the garage. The proposed plan would move the garage very close to this tree. Town staff has concerns that the tree may not survive if the garage were constructed as proposed. Furthermore, the Town has adopted a new policy since the variance was granted in 1990. This policy requires garages be setback 24' from streets in order to allow for parking. Based on the above, Town stalf cannot recommend approval of the variance. Staff would suggest that the plans be redrawn to comply with the 24' setback provision. At this time, the variance is scheduled to be heard by the Planning & Environmental Commission on April l2'h. Please call me if you'd like to reconsider the proposal. The proposal is also scheduled for review before the Design Review Board (DRB) on April 2l't. Samples of colors and materials should be submitted at the DRB meeting. Please feel free to contact me at 970-479-2140 to discuss the project. 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O practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. ZONING ANALYSIS Zoning: Primary/Secondary Residential Lot Size: Parcel A: 6,865 sq. fl. Slandard Allowed/Required Setbacks: Front: 20' Side: 15' .rt"*€-:r , IV. CRITERIA AND FINDINGS A. Factors Enumerated: Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed garage would be about 3.5'from the front property line and '15' from the side line. This would be an improvemenl of the existing garage side setback which is about 13.5'. There are no nearby buildingd on this side. The front of the existing garage is about 15' long. The new garage would have a front of about 22' . The new garage would have about 7' or 460/o more frontage along the road. Structures are setback from roads for several reasons, one of which is to reduce the likelihood of collision. Having a larger garage about 3.5' from the road would increase the likelihood of collisions. Also, a larger garage about 3.5'from the property line would be more visually obtrusive to neighbors than a smaller garage. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Other property owners are required to place new garages in compliance with development standards, unless there are unusual circumstances. Staff believes there are no unusual circumstances in this instance ano that the garage could be placed on the property in compliance with development standards. 3. The effect of the requested variance on light and air, distribution of population, transportation and traftic facilities, public facilities and utilities, and public safety. This is the main concern with the proposal. The development standard that provides for a clearance of 24' between the garage doors and the edge of pavement is intended to insure safe and efficient transoortation. The setback allows for most vehicles to be parked completely off the asphalt reducing the potential for collisions, providing for better vision clearance and allowing for street maintenance including plowing. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Town staff including the Public Works Department believes there are no legitimate reasons for the new garage to not meet standards. The slope of the property is less than 30%, which is the threshold to allow garages within front setbacks. The slope does not preclude construction. As proposed, the north wall of the new garage would extend 4' closer to the mature evergreen tree and the roof would extend about 6' closer to the tree than the existing garage. The foundation would extend to the ground, rather than be canilevered as is the existing garage; see photo, below. Due to this, the tree would likely not survive for long, thus eliminating the basis of the original variance. It appears that the chief reason for the request is protection of the view from the east facing windows of the residence, which is understandable, but does not justify the granting of a variance to a development standard that others are required to meet. Also, there is the option of retaining the existing garage. a B. Necessarv Findinqs: The Planning and Environmental Gommission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. OTHER: Should the Planning and Environmental Commission decide to approve the variance, staff recommends; That the Commission makes the following findings: 1. That the granting of the variances will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. 4. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. And that the approval be subject to the following condition of approval: 1. The north wall and roof line of the new garage do not extend any closer to the mature evergreen tree than the existing garage's wall and roofline, unless approved by a professional arborist. . FIEVERYONE\PEC\MEMOS\99\WATERHOU ,/ ./ ,.'" ll ,/ .r' // tl ,' ./ .'// ll .,,'' .,/ // | l/ / r-i-l--) \ \' I, i\ /\ ,\ c 4 rlJ E (-g o \ \ \ --\ \\-.L -.-' - -I -+- -_-1 T J b I rt \ \ z\o o ot q) IHI1, 24-trt-00 1?:5? FRO[4: DATE: SUBJECT: HF|I0I PRRTII{ER$ LItr 44 1?iS23941 MEMQBANOUM All ArchitecE, conradors and surveyors Doing work in rhe Town of vail Depanment of Corhmunity Development January 22, 1996 Survey Requirements P. 0? The following survey requirements apply to all new construcilon and to some addifions. lf you are unsure il your proiect requires an lLC, talk to the projecl planner. Benchrnark On alt surveys and lmprovement Location Cenificates, identity the benchmark used tor the basis of the elevations. The same benchmark should be used throughou the construction process lo insure thal the measuremenl ol a building is consi$ent. lterns which make gocd benchrnarks ate gg'agr inverts, seclion cerners, and property cotners. Do not use manhole rims, the asphalt in gtr€€ts, or fire hydrants, Architects and Builders should be aware rhat discrepancies exist in established monumentation an the Vail Valley. Please consull a surveyor to verity monumentation prior to developing plans for a site. lmptovernent Location cenilicale rlLC) atler tne foundatio0 is poured Wihin three (3) weelrs following the approved foundalion inspedion, an ILC will be required for proieots that erhibit any of fie followinq characlerisfics: 1. Tha building is wilhin 3 feet of any setback line. 2. The driveway grade is oreater lhan 10o/o. 3. The building is wilhin 6 inches ol the maximum building height allowance. 4. The proiect involves ihree or more separate struclures on the prcperry. 5. The project has received 3 variance lor height qr setbacks. The ILC must be submitled to lhe Town of Vail fot review and approval within three weeks tollowing the approved foundation inspection. The Building Inspector willnotify the project planner when the foundation inspecticn has been approved. lt an ILC is nol received and approved by the planner wihin three weeks. ihe Town ot Vail will issue a Stop Work Order and no work will be allorved until tne lLc is reviewed and approved. Once subrnitted to the Town. ptease allow lwo worldng days lor the ILC lo be reviewed- The ILC should indicate the footprint ot the building. the elevations of lhe loundatior wails and the garage slab. and the grade ol the centdrline of the drivervay, measured in twenty foot incremenB. Speci,! the distance ot the selback to each propefiy line, noting the exterior mateflal existing on the struciure the day of the survey. Planners will then add THU, 24-FE3-00 1?:58 HflNoPARTIIERS LTD 44 1?1 smgo Frf'',rts4g-Eaof Fidoe points' on the survey prepared tor the framing inspecoon, trl;T?rE: +ilT:fffsgj*:"?t-'rgs'' nI 'ris"Fvatons must be shswn on the rLC, rhe rooioian need_sro oe ti,i"non'dlift:"ii:T,#unt"lT,i:?yJr,the survey on the aoorcved buitding p.iriipf*r. The roof ridge points ,dentj,ied iln: ot shoulo aiign with the roo'r Fr.n otiu.'.ionnn,, set of Buirding permit pna any walt material to what is sh_ow.l o.n tle. survey in order to d€termine the ,inat distance of the setbacks in fie same way that wirr b;d,;e for cteteymining building height. lf Iedges or suppons ror rocr venlei;;;;y;;.;'f,",ng .n"r"n"r have bee-n buiJt into rhe foundafion, rneasure rhe sehack rc rnar liiiidi ioini fse" oi.g;ilffiln page1. Final distance witl be rneasureo trom tne o*iiji'"iilrif the e;terior wal mereriat. *j::'IliXX*L,l;:' irv tllt heishr and setback apofoved bv rho rown *-|:tuj,T:iq ,.Tryggls.lirr oe scnljuieo.rniiiti" ruc i.ijfi $H"'l'ffi Jffi iL:ffil::H,ff .i:a;;;;;;?#'dffi:li''J"llF,'j!u'i',n.. Foof z,Floof Heighr - On the lLC,,the surveyor should note the roof material (it any) on the highest point or the rrdge wrricrr i:ii# tne iay ot the survey. The pranner wirr add the c'im€nsions "t:]'-tllllT;t*iiir trii'l+it_q coif loor r6nu. Fi exampe,if only rhe ridge bearn has been consrrucrk iriSgal of the survey, the surveyor should no(e rhat. and rhe prennet *'-ih-"-;;d;;e -dirnensions o, rhe insuration,sneathing, etc. t0 veriturhat the rinisned-;.dil wi, not exceed the height rim;t.Ridge heQhr wiil be measufed ro rhe top ,ioge oi rhe sheathang. on tne-aracned diagfams' the poinr ioentneo witn ;; ;&;,iri"i."in" ,op rioge Jir,.,.'r#"in,ng. n cold toot vent, not exceeding r e incnes in fi-eigit, ."urrrrd from he sheahtng to me top ot the shinEres, is co-nsicrereo;; il;iit;;i"rar projecrion and wir nor be ,nc,udd in the height. serbacks'when specifying the distance of a setback on the rLc, note the malerial existing on the strud,-rr:. Jhe d3y of ne suruey. planners will then add any wa'marenar to what is show_n on th! irir*,,-in order ro determine the final orstance 0t rhe sebackr '1 !e same way *,"i *iri oJ oor.iJir.,",9i,,." ,i',logu, o,'suFpons for rock veneer !l^11I,oihql tacing maiena, nave been buitr into rhe Foundation, measure the seback to tf,ar e"iJioipo,nt (r"" diagram on nexr *11r1;",f'rr' distance wirrue mlaiu;il1ffifi;'ou,"ia" edse of the exrerior warl ro.o'nnerAffi loundation prior ro **"ruj#l1Yt*9ll-t:sq",l|,!h.1," registered surveyor stake out the l::X.;:li.!:ff"':,:jfy;,:::"lj*r,?!;li,"1,1i,i,'iHi',',?l:i.T'[l{,Ht1le?:,"9 been pOured, *e Stionot\-'- '-\vq1('qrlally, aller me foundation wallS have wa,. wirh uris inform"i;,1,,e::?yjtr:j::1,":l1u-.,I9r shoor rhe ereuit-ion'or rhe foundEilon [1'j,"Y':ff ;li:;ntift ?:[x#ay:i'il;:,1"J".j[";:E;'::l'*T"'i":?l:llXil1 ::J::::',: il::lg:,:;:i:[?:l1i.ji':ttri:';,;Tr'H;'flH,'J'ilil?H''':T,?l.lfl:process ro ensure rhar rhe strucrure oo* noiurr.'&tdilt1ilil?l TO: FROM: DATE: SU&TECT: I. A request for a setback variance for the construction of a garage on Lot 20, Block 7, VaiI Village lst Fi1ing.Applicant: Peter Tufo DESCRIPTTON OF THE VARIANCE REOUESTED The applicant is reguesting a variance from the front setback requirement in order to construct a garage addition at 285 Forest Road. The request is to allow a garage to be built within 3 feet of the front property line along Forest Road. The required front setback for this lot is 20 feet frorn the property line, per Section l-8.13.060 of the Townrs zoning code. No residential floor sPace is proposed for the garage addition. There is currently a prinary/secondary residence on the site, with enclosed parking provided only for the primary unit. surface parking is used for the secondary unit. Section L8.69.o5o of the Townts zoning code does allow for garages in this zone district to be constructed in the front setback without a variance, provided the average slope of the site beneath the proposed structure and parking area is in excess of thirty percent. Although this site is extremely steep, the average slope beneath the structure and parking area is onLy 274, and hence this variance request. Because the proposed garage would not be attached to the residence, this site plan uas Presented to the Design Review Board for conceptual review with regards to cornpliance with the Design Guidelines. The DRB, on Decernber 6, 1989, unanimously approved the separation of the residence and garage. The Design Review Board found that the existing residence presented a significant site constraint and that the garage could be separated from the residence and not be in violation of the Design Review Guidelines. With this conceptual approval from the Design Review Board, the applicant is now requesting a L7 foot encroachment into the C^h\"* ^ ao tJ^. ,\ ^\A tt\'^"^" - { ry.,., ,.{ tf-r^ f ,:t - t.ri*'- ^,$") o"[ "n'"t"'"a'P'{La - Fl ,rl { \"^lr -Jl L-'- '-^tr'1"+'^,<I {' Y:r ^i'*:|h r,t-.;;jtqr 'h$t^- '$ e Dtt\ I , .(<n-* srre*t a 1."r; f ta )"tyl)L",*wd_\ fl"P'^ ah{ wn't - Planning and Environmental connissitn I -r 4 )-; /r'a, Cornmunity Developnent Departrnent llarch 25, 1990 20' front setback. II. CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section 18.62.060 of the vail Municipal Code, the Department of Conmunity Development recomnends approval of the requested variance based upon the foltowing factors: A. Consideration of Factors: 1. The relationshio of the recruested variance to other existino or potential uses and structures in the vicinity. Due to the extremely steep topography and the heavily wooded slopes along Forest Road, many of the existing garages, and surface parking areas, have been constructed in close proxirnity to their front property lines. The net effect of this variance reguest would be a reduction in the amount of fill needed to support a garage within the required setbacks, as well as the preservation of an 18rt diameter, mature evergreen (see attached site plan). The Department of Community Development believes that the requested front setback variance would not adversely affect the privacy or use of any adjacent properties. I{e believe this variance request is positive because the mature evergreen tree is preserved and the construction scarring on the hillside is minimized. 2. The deoree to which relief fron the strict and literal interpretation and enforcement of a specified requlation is necessarv to achieve courpatibility and unifornity of treatrnent arnono sites in the vicinity or to attain the obiectives of this title without qrant of special nrivilege. Staff believes that relief fron the strict setback reguirenent is reasonable in order to sensitively place development on the site, and to provi-de accessible, covered parking for the secondary unit. The staff has always been supportive of garages in conjunction with the developrnent of prinary,/secondary lots. l{e feel that garages relieve on-street parking problens and the associated aesthetic inpacts of surface parking. 3. The effect of the recruested variance on light and aLr,distribution of population, transportation and traffic facilities. public facilities and utilities' and nublic safetv. The staff finds no significant impacts with regards to any of the above criteria. Public ltorks has also reviewed the request and has no problem with the Iocation of the garage. III. Section 1.3 of the Townrs Land Use Plan states nThe quality af development should be naintained and upgraded whenever possiblerr. staff believes that the addition of covered parking for the secondary unit on this lot supports the upgrading policy. IV. FINDINGS A. B. That the granting of the variance will not constitute a grant of special privilege inconsistent with the linitations on other properties classified in the same district. That the granting of the variance will not be detrinental to the public health, safety or welfare, or naterially injurious to properties or improvements in the vicinity. That the variance is warranted for one or nore of the following reasons: 1. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 2. There are exceptions or extraordinary circumstances or conditions applJ-cable to the same site of the variance that do not apply generally to other properties in the same zone. 3. The strict interpretation or enforcement of the specified regrulation would deprive the applicant of piivileges enjoyed by the ouners of other properties in the sarne district. STAFF RECOMIi{ENDATION The staff recommendation, of the reguested 17 t encroachment into the front setback, j-s for approval . we believe that the siting of the garage has been designed in the most sensitive manner possible, given the existing site constraints. We believe there to be no significant impacts to adjacent properties and tbat due to the physical site constraints, approval of this request would not be a grant of special privilege. The staff would recommend the following condition of approval: That a revocable right-of-way pernit be obtained for any and all improvements on Town right-of-way before a building permit is released for the garage. c. v. Erls?t{€ Vtur'/F,-t'Ak€{,8, I --)---J 1.=r!-o,, SmE FLA^{.vrq L.ITS E]€VAT|ON tf+'o1'-a"z-ZL-1O l-- - :- 01<Y la ni.cct,. r..c6 PIJANNING Present Chuck Crist Diana Donovan Connie lhight Ludwig Kurz Jin shearer Kathy Warren Dalton Willians A}ID ENVIRONI'IENTAL COI'IMISSION UARCH 26, L99O Staff Kristan Pritz Tom Braun She1Ly Mello Betsy Rosofack Penny Perry The Planning and Environmental Conmission neeting was called to order at 3:OO p.n. by Diana Donovan, Chairperson. Itern No. 1:ADproval of minutes for Uarch t2. L99O meetinq. Diana Donovan asked that, on the top of page 13, the wording be changed to ilthe applicants should help find a solutionrr. Motion for approval of rninutes with corrections was made by Jim Shearer and seconded bv Dalton Witliarns. VOTE: 7-OINFAVOR. Item No. 2: A recruest for a side vard setback variance and a strean setback variance for Lot 9. Block 3, Vail Row Houses fUnit #9).Applicant: walter cramm Tom Braun presented the proposal. for the staff explaining that the applicant was proposing a major rernodel to Unit 9 of the Vail Row Houses. The remodel included a reconfigurration of the existing floor layout, an increase in the building roof height by approximately 11 feet and the additj-on of window seats on the north and south elevations. The proposal did not include a request for any additional GRFA over the allowable. The units were zero setback. The granting of the variance would not constitute a grant of special privilege and would not be detrinental to the public health, safety or welfare. The staff recomnended approval of both the sj.de setback variance and the stream setback variance. DLana Donovan asked if there was an applicantrs presentation. Ned Gwathney explained that he was available for questions. He felt the staff did an adequate presentation of the proposal . Greta Parks, an owner at 3o3 Gore creek Drive, speaking for Units L-6 explained that after talking with Ned and looking at the blue prints, she had no objections. Greta asked the board to consider sending public notices to the neighborhood owners, not sinply directly adjacent property ouners. She felt projects in the Commercial Core I affected the whole neighborhood. Chuck Crist asked about the roof material . He explained that the plans calted for shake and he felt that a gravel roof might be more fitting with the adjacent properties. Ned responded that the pitch of the roof restricted this possibility. Ned explained that there was another shake roof in the row of buildings. Chuck then conmented that naybe this was a Design Review Board issue. Jin Shearer asked about the flood plain and Tom explained that this was a request for a strearn setback and that flood plain was not affected. lilotion for approval per the staff memo and the material was made bv Dalton williams and seconded bv Connie Kniqht. VOTE: 7-0fNFAVOR. ftem No. 3: A request for a setback variance for the Villaae lst FiIinq. @Tufo Tom Braun nade the presentation for the staff explaining that the applicant nas requesting a variance from the front setback requirement in order to construct a garage addition. The request was to allow a ltarage to be built within 3 feet of the front property line along Forest Road. The reguired front setback for this lot is 20 feet. Surface parking nas Presently being used in this area. The proposed plan had received conceptual approval from the Design Review Board. The staff reconmendation was for approval . The staff believed that the siting of the garage had been designed in the most sensitive manner possible, given the steep topography and large pine tree (to be saved). The staff recommended approval with the following condition: That a revocable right-of-way perait be obtained for any and all inprovements on Town right-of-way before a building pernit is released for the garage. Tirn Driscal1, son of the owner of the home to the west, expressed concern with the sguare footage and height of the garage. Dr.Driscall, onner of the horne to the rrest, asked what was the height. Tom Braun explained that the height was within the 33 foot linit allowed and invited the Driscalls to review the plans. Diana questioned what the difference was betlreen the blue and red ribbons and Gordon Pierce, the applicantts representative, explained that the red ribbons were the original proposal and the blue ribbons were what was suggested by Stan Berrlman. Jim Shearer asked if they were planning to cantilever the garage so as not to hurt the pine tree. Gordon Pierce ansuered, rryesrr. Connie Knight asked if they could g'uarantee that they were not going to hurt the roots of the tree. Gordon Pierce explained tbat by using piers they hope to decrease the possibility the best they could. Diana Donovan suggested to Dr. Driscall that he be aware of the DRB neeting regarding his concerns over the height. Ludwig Kurz asked where the applicants planned to allow for additional parking and Gordon Pierce explained that there $as no contingency plan in this area. Connie Xnight asked the staff for clarj.fication of the 3ot zoning code rule and Eon explained that if the slope were 308 or nore,the applicant would not need a variance. Connie then continued to explain that she could not approve a L7 | setback. Ludwig Kurz pointed out that the cars were now practically parking in the street. cordon explained that the house was built in 1952 prior to the strict zoning codes and presently a non- conforming use. Connie conrmented that the plans for the garage should have been presented at the time of the remodel last year. Kathy lilarren suggested that the cantilevering of the building be a condition of approval . A motion for approval per the staff memo with the following conditions was made bv Ludwiq Kurz and seconded bv Jinr Shearer: 1. That a revocable right-of-way pernit be obtained for any and all improvenents on Tonn right-of-way before a building pernit is released for the garage. 2. That the 2 trees to the north side of the garage renain. If they were damaged they would be replaced with nature trees within 2 years. 3. The garage building be cantilevered in the effort to protect the above mentioned trees. VOTE: 6 - 1 IN FAVOR WITH CONNIE KNIGHI OPPOSED. Iten No. 4; A recruest for a heiqht variance in order to add dormers to the upper floor of the Mountain Haus at 292 E. Dteadow Dr. (Part of Tract B. Vail ViIIage First Filincrl Applicant: Rich Brown/Mountain Haus Condo Assoc. Tom Braun presented the proposal explaining that the applicant is reguesting a height variance in order to add dormers across the south elevation of the building. The dormers would be added to the 7th floor roof area and would replace existing 18r! windows. Because the building the constructed prior to the adoption of the Townrs zoning code, the building is considered a pre-existing ,non-conforning use. Any request would increase the non- conforming use. The staff recomnendation was for denial of tbe requested height variance. The staff believed that approval of the request would be a grant of special privilege and that the variance would not be in conpliance with the approved VaiI ViIIage Master PIan. The staff also believed that a physical hardship did not exist and therefore the request should be denied. Mark l,[ueller, acting on behalf of the Condoniniun Association, stated that the doruers nere on the 7th floor not the 8th. A11 the roons affected were bedroons and currently had 3r X 6l windows. The existing building ltas 74 I tall. He didnrt feel they were asking for a height variance. They were seeking to inprove the roof. At present, the windows did not neet the Uniforn Building Code. The dormers nould not raise ttre height,did not affect any view corridors, and would not create a visibility problem to pedestrians. The issue at hand seemed to be the fact that no hardship could be found. He felt that, if the building was not a non-conforming use, the PEC would be happy to see the positive changes. llark then introduced Jerry Marinonte on behalf of the Condominiun Association. Jerry addressed the Board explaining that he had been examining the Unifor:rn Building Code. tle questioned shether the Ittountain Haus, by definition, was actually adding beight. Jerry stated that according to the UBC definltion of height, the lrtountain llaus would not be adding height. He continued to state that buildings that were non-confor:ning were allowed to present these kinds of improvements as long as there was no dlscrepancy. They did not see a discrepancy. Diana explained that the Board left the decision as to who did and did not need a variance to the staff. Ton explained that anything above the 48r allowance whether non- conforming or not still needed a variance. Jerry argued that tre felt the board should consider the existing height not that which is rrallowed'r. Kathy Warren explained that she understood what Jerry was saying. However, allowable measurements were what was considered. She gave an example of a building that added height that was in an existing side setback would still reguire a side setback variance even though the footprint of the building was not changed. Jerry then asked if the Board would not approve the dormers, what would they suggest? Kathy suggested skylights and Jerry felt that skylights would add height. Dalton Willians questioned the fire fighting capabilities in a building of this height and Mark ltueller explained that they had been working with cary uurrain, the Chief Building official , on this issue. The building currently didnrt conform to code. However, Gary would a11ow a non-combustible wood. They could consider putting sprinklers on the South side of the Building. Dalton then asked why not the north side of the building and Mark exptained that they nere only proposing the changes to the South Side of the building at this tine. Ludwig didnrt see an overall inpact. The only place the domers were visible were fron the nountain and would increase the livabil-ity of the units. He would be in favor. chuck Crist asked if they would redo the whole roof with non- conbustible material . Mark stated that they would do just the roof portion along where the addition was. If they used sprinklers they would not need the non-conbustible material . Kathy warren cornmented that she did not see a physical hardship. She could not see making a bad situation worse. She agreed with the staff. Jin Shearer didnrt feel that the dormers nade a big enough inpact to justify the variance. He could not support the variance. A motion for denial per the staff memo was made by Connie gniqht and seconded bv Jin Shearer. VOTE: 4 - 3 FOR DENIAL WTTH CHUCK. DALTON, AND LUDWIG AGAINST DENIAL. Item No. 5: A request for a conditional use nermit to exnand a proposed parking structure for the Vail Valley MedicaL Center on Lots # and F, Vail Village 2nd Filing at 181 West Meadow Drive.Applicant: Vail Vallev Medical Center. Kristan Pritz explained that the vail Valley Medical Center had requested to table this iten to the April 9, 199o rneeting. A motion to table tbe proposal to the 4,/9,/90 neetinq was rnade by Kathv Warren and seconded bv Chuck Crist. yOTE: 7 - 0 rN FAVOR OF TABLING ftem No. 5: A recruest for a special Development District in order to construct three primarv./secondarv structures on Lots 3. 4, and 5. Vail Vallev Third FiIinq.Applicant: Deborah lil . and Robert Warner Tom Braun explained that the proposal. was reviewed at the l{arch !2, 1990 meeting and that at that tine, the Planning gernrni5sion voted unanimously to reconmend denial to the Town Council. Tlre applicants had anended their proposal with regard to the three secondary units. The applicants had agreed to place a deed restriction on the three lots that would require the secondary units to be rented on a long tern basis to enployees of the Upper Eagle Valley. The fact remained that any site planning or design aspects of the proposal could be acconplished under existl-ng zoning. The sDD was proposed as a way to circumvent the underlying ptimary/secondary development standards with regard to site coverage and GRFA. The enployee units were being offered as a concession for the density increase. The staff recognized the value of the employee units, but was unable to support the proposal offered. Bob t{arner, the applicant, wished to apologize for not being present at the last meeting. He wanted to give the board some background on the project. Last sunmer he decided to nake VaiI a permanent hone. He found he could not find any single-fanily lots. Instead, they found and bought the 3 adjacent lots. He had developed for 20 years and his architect, Jim Junge, for over 30 years. He was now here to plead with the board. They started by asking the staff for direction. They had tried to work with the staff. l,tr. I{arner stated that his wife had a chronically bad back (he showed a doctors statenent prescribing daily swirnming as treatnent). He had problems understanding the SDD purpose and concept. He felt that what they were proposing could not be done within the existing zoning. He preEented the analogy that it would be like preparing taxes without taking deductions. He felt they were making good trade-offs. He pointed out that he had continually been told what a great design they had presented. They had been looking at the project as three lots as a whole. This was why they felt the sDD process was appropriate. He explained that Gary lr[urrain, Chief BuiJ-ding Officiat, was anxious for them to get started due to the level of the water tab1e. They are anxious as well and felt that the staff direction had slowed the tine table. He requested approval. Jirn Junge, architect for the applicant, commented on the staffts concerns with the SDD purpose. He felt that the SDD purpose was to encourage flexibility and this was nhat they had done. A solution could be accoroplished under existing zoning but not necessarily the most positive solution. I{hat they had proposed had no impacts on neighboring properties. They felt they were offering the Town many benefits in exchange for the density transfer as followed: (He showed a list on the flip chart)1. No 60140 prinary,/secondary split.2. Low Profile 3. Luxury Homes 4. 3 enployee units. Tom Braun stated that he took strong opposition with the applicants statement that the staff held up the process. All avenues were reviewed with the applicant including the pros and cons of each alternative. He stated the staff told the applicantrs in writing on october 27 that support of an SDD was unlikely. Kathy Warren cornmented that she felt that nothing had really changed. She still felt that the SDD pur?ose and integrity nust be maintained. The pool could be pennitted by deducting GRFA elsewhere. There were other avenues that the applicant had not explored. Jin Shearer had no connent. Connie Knight concurred with Kathy. Ludwig Kurz felt that Xathy expressed how he felt very nell. He didnrt feel he could approve the project. Dalton t{illians concurred. Chuck asked what the specific reasons for denial sere at the last rneeting? Had it had anything to do with enployee bousing and asked why they came back. Jin Junge explained that they felt the change of restrictions on the secondary unit was a benefit to the Town. Chuck didn't feel this SDD ahould be used with trade-offs. Tom Braun e>rylained that this sas how the sDD process worked. It was a give and take process. Chuck asked if there were enough trade-offs, would it be acceptable? Kathy Warren conmented that a SDD is not appropriate per the last meeting issues. No number of trade-off would be nake the project acceptable. Mr. Warner explained that the ernployee housing was always part of the plan. Under strict zoning, VaiI souldnrt get the benefits as pointed out earlier by !1r. Junge. He felt the employee units were a great benefit. He felt they worked out a great solution and that the employee housing should warrant a favorable response. Dalton Willians didnrt believe that enployee housing units ttere a good tradeoff. A large house was not a reason for creating an sDD. The point of being on the Planning and Environmental Corunission Board was to ensure that rules were applied as written. Diana explained that if they took the extra 804 square feet of GRFA array, she would come close to approving the proposal . She felt it was a great project and encouraged them to proceed to Council. Kristan Pritz wished to point out that the fact that the trousing study was not complete was not the reason the staff was recornmending denial . Diana stated that she did not wish to set a standard before the standards were set. She could support ttre project if the GRFA was a total rrash. she felt the trade-offs offered were positive. A motion for recommendation of denial to the Town Council per the staff neno was made by Connie Kniqht and seconded bv Kathv tlarren. VOTE: 7 - 0 for recornmendation of denLal to Town Council Item No. 7: A recruest for an amendment to Special Developrnent District No. 22 and a maior subdivision for resubdivision of Lots 1-19, Block 2. Lionsridqe Filino No. 3.Applicant: Mr. Pat Dauphinais. Dauphinais-Moselev Construction. Kristan Pritz explaj-ned that the developer ltas requesting to make adjustnents to the rnajor subdivision and Special Development ' District No. 22 for the property. The project currently consisted of 24 single fanily l-ots, an open space tract, and a new public road, Lionsridge Lane. Changes to lot sizes, setbacks, curb cuts, ernployee dwelling units, architectural guidelines, and the phasing plan were proposed. In general , the changes to the proposal did not have any major impacts on the subdivision criteria. Due to the fact that the proposal represented a resubdivision of an existing approved subdivision, a reduction in allowable density, had no significant environnental inpacts and rras compatible with surrounding low to nediun density residential uses, the proposed plan was supportable. The Staff recornmended approval of the prelininary plan for the najor subdivision and the revisions to Special Development District No. 22 for the property. The requested changes generally improved the subdivision and would allow for a more architecturally pleasing developnent of the property. The conditions of approval for the Special Development District and Major Subdivision rtere listed in the staff memo. ft was also deemed very positive that enrpLoyee housing was being added. Chuck crist questioned whose responsibility it was to work the parking problem out with solar Crest. Kristan responded that staff had ggggestecl that Dauptrinais work with solar Crest. However, it vas not a requirement. The problem was Solar Crestrs. They had been parking on the applicantrs land. Kathy warren asked for clarification of the GRFA regarding the euployee units. Was it in addition to allowed GRFA with the site coverage and any other requirenents sti1l intact? Kristan replied that she was correct. Kathy then asked shen the eroployee units were required to be bullt? At build-out? Kristan answered, nyestt. Kathy then connented that there was a possibility that the project could never reach build-out and therefore the Town nould never have the enployee units. Pat stated that he nould be happy to put some tlpe of restriction on phasing of the employee units for example I per 4 free market units. Kathy then expressed concern over the drainage plan. Pat explained that his and the Town's engineers felt they had found a better solution. They had revised the plans to take all nitigation off-site by diverting the vater back behind Buffer Creek. Agreements rtould be in place prior to final plat approval . He could not puIl any pernits until a down paynent or a letter of credit had been issued for his financial responsibility on the drainage plan. Buff Arnold, architect, explained ttrat they had increased setbacks on the lots on which they were asking for additional cuts. They increased the lots bordering the highway side and increased 35 to 55 ! setbacks off the ridge. Dalton asked what the reason was behind the setback encroachnent of 5 ft. for the decks and Kristan explained that generally, decks were allowed to encroach L/2 into the setback (nornally 7 L/2 feet). The staff felt that it would be reasonable to allow a 5r deck (at grade, unenclosed) encroachnent under the circumstance. Buff Arnold explained that there were only 2 issues in which they were not in agreement with the staff. lhe first was the additional road cuts. The staff had quoted Public Workts concern with safety as the nain reason for recornmending denial of this portion of the proposal . Buff explained that for safety reasons, they would be able to make roon for naneuvering to allow a driver to pull out onto Lionsridge T,oop. The driveways would be level so as to avoid any sliding/stopping hazards. Kathy warren asked if they would consider conbining access to two lots. A driveway every 6o feet didnrt allow rnuch roon for snow removal , storage, or landscaping. Pat explained that there were two driveways close together and then a large distance between the others. Dalton conmented that the kids would have a safe side of the street (on the new public road) if they allowed the 4 new road cuts on Lionsridge L'oop. He felt this nould be safer. LO Chuck Crist asked if allowing the cuts on L,ionsridge Loop nould change the front setback and Kristan explained that the front is deterrined by where the access to the hone was located. Buff stated they were not asking for any changes in the setbacks. Chuck conmented that if they were to access the horoes from Lionsridge Lane (the new public road), the lromes would actually be closer to Lionsridge Loop due to the srnaller rear setback. Chuck felt he could approve the new curb cuts. Kathy felt strongly that she would like to see the two end driveways conbined to one. She asked staff what the maJor concern nas. Kristan replied, xsafety(. Public l{orks would not allow large trees. Kristan felt that a landscape buffer would look nicer and would break up a line of homes along Lionsridge Loop. she suggested that if the conmission approved the neu 4 cuts, they conbine some of the 5 already approved. Kathy Warren felt that if the total 9 drives could be conbined to 7 drives she could approve the cuts. Pat responded stating that the essence of a single-farnily home nas degraded by having shared driveways. Kathy said that one could use the same argument to ask that the original- 5 approved cuts be noved to the inside. Pat felt that they could do a good job nitigatlng the curb cuts. Jim asked the applicant if they would agree to conbine the closer drivewaysr entrance to one but access the homes separately. Pat explained that the cuts were based on the orientation of the homes. Connie Knight felt that the drop from 38 to 24 units was welcomed. She didn't want to thwart the project, rather encourage it. She felt it vas an undue hardship. Driveways were an unnecessary evil . She would vote for approval of the driveway cuts. Ludwig felt he could approve the 9 driveway cuts. He could think of a lot more things that could be done with all the driveways facing the same direction. Diana felt that the new driveway cuts would be better for the project and bad for the Public. Diana asked for an infonoal vote to see where the board stood on the driveway cuts. There ltere 4 for the proposed new road cuts and 3 against. 11 Buff Arnold explained that the enployee units trere proposed over the garage on the larger units. Ttrey would like the opportunity to build then on as nany units as possS.ble rather than just the 15 alloned per the proposal . They felt they could do it by increasing the smaller unit garage by 4t. They did intend to make the employee units part of the deed restrictions. Diana surveyed the Connission regarding the employee units as presented in the memo. They agreed it uas acceptable. Diana continued by asking Kristan if it was approprJ-ate to discuss the issue of the enployee units being located on the snaller lots.Kristan replied that they could continue if they rrished. However, the staff uould not want to see the applicant ask for a variance to allow for the employee unit and Pat didntt feel that it would cause a problen with the exception of a few lots. Kristan felt there would be no problern with the employee units on any lot as long as the employee housing units fe1l within the confines of the SDD reguirements. Kathy felt it was appropriate to recruire 6 and have a rnaximum of 15 enployee units on any lot in the subdivision as long as the home fe1l within the confines of the SDD. She would like to have seen a phasing plan of eurployee units to be built at a minimum of 1 per 4 buildings. Pat explained that he would like to come back if he built all L5 and wanted more and Diana explained that he could always come back. Kathy Warren suggested that, if Pat decided to sell the lots and not build himself, tbat they require hin to come back and designate enployee housing lots. Diana asked about the phasing plan. She felt that the plan should be in sorne pattern, not split up. Pat explained that he does not intend to break up the hones, but that he could not predict what would happen. Diana requested a sidewalk and bus shelter and Pat asked if the north side of Lionsridge Lane to the entry would be okay? Diana explained that she didn't feel that it had to be a 5r walk, sirnpJ.y a nice walk and that the shelter should be on the same side of the street. Pat agreed. Diana asked if the footprint of each home would be substantially the sarne and Pat explained that the footprint will be as different as the lot and setbacks would allow. L2 Diana asked if the Town rtas a party to all covenants so the Town would have right to litigate as party to the agreenent and Kristan answered that the employee dwelling unit restrictions and,the architectural guidelines would be restricted with the Town as a party to the agreenents. The restrictions would be recorded at Eagte County and run with the land. Kristan pointed out that tbe garage could not be separated fron the unit. Chuck crist had no nore comments. Dalton sished to express thanks, that he felt the project was good for vail. Ludwig Kurz had no more conments. A notion was made bv Kathy l{arren and seconded bv Chuck Crist for anproval of the amendment to the SDD ner the findinq of the staff nerno and conditions listed therein with the followinq chanqes and additions: 1. The enployee units shall be allowed on e4y 1ot including a minimun of 6 and a naximum of 15 as long as the building was built within the zoning confines i.e., variances not requested to allow enployee units. 2. The 4 additional proposed driveway cuts be allowed. 3. A sidewalk separate from the street be incorporated on the north side of Lionsridge Lane along with a covered bus shelter to be located at the project entrance on the same side of the street as the sidewalk. 4. Drainage Plan be approved per the Town Staff. 5. Phasing plan for the enpJ.oyee units include a rninimum of 1 in the Phase I and 1 in every 4 structures thereafter. 6. Exterior decks be allowed to encroach 5r into the rear setback and 2r into the side setbacks and on grade only on Lots 1-14. VOTE: 7-OINFAVOR A notion was made bv Kathy Warren and seconded bv Dalton I{illiams that the prelirninarv plan for a naior subdivision Development District Amendment. VOTE: 7-OINFAVOR be approved per the findings of the staff memo and conditions listed therein with the chanoes and additions as listed in ttre conditions of apprqval for the Soecial 13 Item No. 8: A reguest for a Soecial Develooment District at the Garden of the Gods on Lot K, Block 5, VaiI Villacre Fifth Filing at 365 Gore Creek Drive. Applicant: Garden of the Gods, Mrs. A.G. HilI Familv. Connie Knight renoved herself from the board due to a conflict of interest. Kristan Pritz presented a aunmary of the changes made to the project. Don Hare explained that there were no new conments. Mickey cannon from the VaiI Trail Chalets explained that he felt a view blockage would result from the building orientation and setbacks. He felt that if the building is going to be torn down and rebuilt, it should be treated as a new development and buj-lt within the present zoning restrictions. April Carol , a vorlaufer owner, asked if the north side of the build,ing, which is now a barren wall, could be structuraL).y changed in order to make the wal1 more aesthetically appealing? Pam Hopkins, architect, stated she would study the issue and present changes to the Design Review Board. Art carol, representing the Vorlaufer, stated ttrat the nain concerns hrere the view impact and the increase in GRFA. He felt that ttre Garden of the Gods did their homework wtren asking for additional GRFA in conjunction with an employee unit' This seemed to be the manner in which rnost increases were approved. He felt that the staff had written the meno in a biased manner and not sinply stated the facts. He felt the wording was nisleading. Diana responded in the defense of the staff stating that SDDs typically give additional GRFA devoted to enployee units. Mickey cannon then questioned the SDD purpose to rrallow flexibility'r. He fett this was a general comment. Diana responded that the reason behind allowing the flexibility was that if the Garden of the Gods were to be torn down and rebuilt within the setbacks, it would hurt the Vorlauferrs view and not change the view of the Vail Trail chalets. The staff felt that it showed sensitivity on behalf of the Garden of the Gods to inpact as few buildings as possible. 14 Greta Parks, a residential owner on Gore Creek Drive, didnrt "r"rra to stand in opposition to any one specific project. She felt there was a county wide problen that needed to be addressed. She felt they were talking about obeying rules or making exception to a changing situation. The quality of llfe was philosophical and Iegal . She was not an adjacent owner but definitely a neighbor. As long as the building was being torn down, she would like to see the new building conply with all regulations. She stated that she would also like to see more comnunity input. She felt the public notification process should be expanded to include the neighborhood, not sinply the adjacent oitners. Diana suggested that the Condomlniun Associations designate a single person to be responsLble for keeping up wi-th the activities nithin the Town. one way this could be acconplisbed would be to subscribe to the Vail Trail newspaper in which all notices are published. In regard to the private views, Dl.ana suggested the possibility of approaching the Town Council to adopt legislation. l{ickey Cannon reitereated that yhen he invested in property in Vail, he rrexpected" the zoning to be upheld. Connie t{night wished to clarify that she could appropriately ask questions and nake conments as a nernber of the public and not a board nember. Diana ex;rlained that since she had excused hersel-f from the board, she was considered public. Connie Knight, as a Vorlaufer owner, stated that if the accommodation units were decreasing as stated in the Lodge Definition section on page 6 of the memo, this was in discrepancy with the Master Plants Goal #2, section 2.3 objective listed on page 13 of the memo to rrlncrease the nurnber of residential units available for slrort term overnight accommodations.tr She felt that this nas defeating the purpose. Diana explained the trkey conceptil to Connie. Kristan wished to help clarify the issue. Presently, there were 16 acconmodation units. The proposal was for 18 accommod.ation units which represented a conbination of aurs and durs as well as Iock-offs restricted for short term rental permanently. 15 Kristan Pritz, in response to llr. Cannon, stated that an SDD is a legal zoning alternative. In response to !lr. carol , she explained that staff did not rewrite the Deno. It sas the same memo that nas presented in February. The staff did not get involved with private views. She wanted xr. cannon to understand that the staff was not trying to slant the request. The staff felt that it was inportant to present the project in black and white. Jim Shearer liked the safety issue, bus access, underground parking, green area, Iandscaping, and the enployee units and felt part of the trade-offs and reason for the SDD was the employee units. He felt the designer had been sensitive, especially since the issue had been in front of the Connission tine after tfure. Chuck Crist concurred with the board. Da1ton tlillians concurred. Ludwig Kurz concurred with Jito shearer. He felt the tine spent working with adjacent owners showed sensitivity. He felt the architect had exercised restraint. Doris, with public comment, asked, if the SDD had not been reguested, the buitding torn down and replaced within the current zoning, would it have impacted the Vorlaufer more? Diana expJ.ained that, yes it probably would have. The architect had been sensitive. The placement of the building would not have changed ttre view irnpact of any other adjacent properties due to the height. In this particular case, they had worked to the advantage of the greatest number of people. She rtas supportive of the project. Without an SDD, the Town would lose gutters' Iandscaping, underground parking, and much more. Kathy warren stated that if the building were built within the present zoning code restrictions, the building could actually be muctr larger in bu1k. There lilas approximately 2oo0 square feet in site coverage not used. She felt that the SDD was bringing positive changes to the Town. If an 8oo s.f. enrployee unit was the trade-off for a parking structure, gutters, bus stop, and improved landscaping, she was in approval . However, she did hope to see the zoning regulations cleaned up concerning GRFA. A motion to recomnend arproval of a new Soecial Development District to the Town Council roer the staff meno with a recorurrendation to the Design Review Board to review the desicrn {transnarencv) of the north elevation nall was made bv Kathv Warren and seconded by Jin Shearer. VOTE: 6 - 0 WITH CONNTE KNIGHT ABSTAINING. 15 Connie Knight asked what process should be used to begin private view legislation and Diana explained that interested parties should start by calling their Council members. Dalton commented that a private view easement could be purchased. Art Carol asked when the Garden of the Gods issue would go before the Town Council and Kristan anslrered that it would be on the agenda a week from Tuesday and the meeting started at 7:30 p.m. Iten No. 9: Appoint PEC renresentative for the April - June, 1990 DRB ter:m. Ludwig Kurz volunteered. The meeting rras adjourned at 7:30 p.n. L7 Town of Vail Itartment o{ community l}eve loprnent 75 S. Frontage Road Vail, CO 81657 o = ,rt t^ /'- Dare ) 7 l\ 7 Y\ Please make checks payable to the TOWN OF VAIL ReceiprNo. v? b+L Account No.hem No.Cods #Cost Each Total 001 0000 3141110 Zoninq and Address Maps ZA $5.00 001 0000 314 1112 Uniform Building Code - 1997 - Volume 1&2 vE'$s0.95 001 0000 314',1112 Uniform Buildins Code ' 1997 - Volume 3 $s7.20 001 0000 314 1112 Inwnatonal Plumbino Code - 1997 CB $s6.00 001 0000 314 1 112 llnternat'pnal Mechanical Code - 1998 I ; c = 7 c =i ; n Codes 0perator': RSS|IIDT Dreck: ffig iltalsS sl Recerpt: Arounf Tenderpd 5J83 sfrFegl rtss.0$tru.fr rou 0 n ; 7 ; ; 0 ;u =U a ;; PEY T|l TIf ORIIER tr FIRSISSS( tr {,AIL uflIL. E0 816:7 : tOQlel5l9: FOR MHFII ITLY T{lt{ {F t,lfftL 57$ 033/ Tom of 9ai I *T* OETffiR fl[CfIFT *T* tF€R: fttilISI0T FB IIIHER: I DATE: 3/16/99 0l GCEIFI: Cffi5SBl IltscfllFlltll 01Y s{tilT lF' Tn pEc 'JflntsEE FE I €s$.m rFll CK s]E|,EII RII}EII 2-DEP l0 )eptffe\l rle es Tax LoT ee.B/ ftilDER IIITAII cK 53F fes.00 IXll€: 3/16/99 III€: 8:E:4J Totfl- 0rEtt( Etq.q! ffiTRT TE}SEED I256.OE T}T$I( YIII F{lR YITJR FflITENT! lF{$zonng n ;; b ; 0 n ; a \mend CB $35.00 s3.60 l,E $36.00 CB $37.00 $9.9s $10.00 $12.75 vEt $7.00 xc $0.2s MS $40.00 MS PN PF OH CL qD $20.00 SP DR PN AD RL SA TP T7 MS rv $200.00 PV $200.00 PV $200.00 PV $s00.00 PV $1.s00.00 PV $1,000.00 PV $200.00 PV PV $250.00 )Ko,- PV $2s0.00 PV $200.00 001 0000 319 3100 Greanstar Proqram Other -MS TOTAL:Jto.' comments: (r+ ?g , $lK-+ t/1Alv',LLa<^p- tl:- Gast _ lloney Order #Gheck# bjpS Feceivedby:,@ l F;/EvorlroneiForms,Sdesacl.exs u10t99 MAR- 15-99 O" , 56 FROM. TOV-COM-DEV-DEPT. anlc tbc Dcsign Revicw Bsd. A- TYPEOFAPPLICATION: tr Additiooal GRFA (250) B Bcdand&calfa$ tr Conditioml UsePqmit tr Majcor OMinorSubdivision tr Rezoning tr Sigr Variancc E vz:ai:ce tl ZoningCodcAmcndma* DESCRIPTION OF THE REQUEST: l,lAR 15 lggg to.9"c,4792452 trl AmcndmcottooAppovcdDa/dqtnrntPle tr EqloyccHorciogunit(fpc ) tr Mqic or B MirorCCI EncdcAltcratioo (Vail Vi[aeF) B l'lajorortr MinorCCII ExtcricrAl6atiq (Lionsbcad) O SpocialDerelopmffitDisfticf tr Major or tr MinorAnrcndrnot to ao SDD PAGE 3/ 3 o AP GEIE]BALINFORMATION tt is .pptic"tion is for ary pojcA rtquiriag ryoral by tbc Ptanniog aad Environmcnal Cornmission- For spccific informaion. scc tlc srbmitfat rcqunimars for tnc particular appruval tbat is rcquc*cd Tbc applicatioo can^nol bc accqrcd gntil alt rcquircd inforsration is submittcd. Tbe projrn nuy also nccd to bc rwiavcd by thc Town Council LOCA"TON OF PROPOSAL: LOT-L.BLOCTeL FILTNG ADDRESS: ZS5_Imrke BTJILDINGNAME: VUI c. D. E. ZONING: NAMEOFOWNER(S): tvtAILING owNER(S)STGNA NAME OF REPRESENTA IVTAILING ADDRESS:7.o,go*. Szrb JA|L I C0 F.ttfzb-vzzal ._ - vnoxe: 144-4tzf FEE . SEE THE STJBMITTAL REQUIREMENTS FOR THE APPROPRI.ATE FEE. sIrBItnT TIIIS AIPLICATIOI{, ALL SITBMTmAL REQTJTREMENTS .AND TEE FEE TO TEE DEPARTMENT OF COIUMT'NITY DET/ELOPMENT, 75 SOI'TE FRONTAGE ROAI', vNIa COr.On^r,DO tr657. For OfEcc Usc Olly: Applicatioo Datr.-- PEC Mcaiag Darc: Blvid6116 F. G. N .l A M E S POST OFFICE BOX 3238 vAIL. CO.81658 March 15,1999 (970) 949-4121 FAX 949-0304 Members ofthe Planning and Environmental Commission Town of Vail Vail, CO 81657 Re: 285 Forest Road (I,ot20 Block 7 Vail Village lst Filing) Dear Members of the Commissioq My client is requesting a variance to the strict interpretation ofthe setbaok limitations of the zoning regulations to allow the o.isting sfiucture to become more in compliance (as it is presently within the side setback by rernoving the existing garage and re-building a slightly larger version out of the side setback but within the front setback. By strict regulation of the flept. Of Public works it would be necessary to maintain a 24' distance to the edge ofthe pavement. The existing garage is approximately 11' to 14' from the edge of road and the apron in front of tie garage will not allow any vehicle to be placed if front ofthe door without encroaching onto the road. The proposed version will allow a vehicle to be placed parallel to the road in frort ofthe road without any encroachment. To place the garage at tle distance required woutd necessitate the removal of an old existing pine tree at the rear ofthe gar4ge and impact the original architecture ofthe existing structure. And the new form is compatible to the other most recent designs ofthe neighborhood. This proposal has no efrect upon the light, air, distribtrtion ofpopulatiorq transportatiorl traffic facilities, utilitiesb and public safety. This proposal enables the property to more completely comply to the established codes and regulations by reducing the non-conformance. Regards. . MEMBER OF AMERICAN INSTITUTE OF ARCHITECTS. TOWN OF VAIL 75 S. FRONTAGE ROAD vArL, co 81657 970-479-2L38 Occupancy: R3 Type Construction: V Valuation: Fi rep lace lnformation: Restricted: .' I Job Address: 285 FOREST RD Location...: VAIL VILLAGE FILING ParceI No.. : 2101-0?1-13-040 Project No. : PRJ97-0154 DEPARTMENT OF COMMUNITY DEVELOPMENT . \;"\i v I v NOTE: THIS PERMIT MUST BE POSTED ON ADD/ALT SFR BUILD PERMIT i'l JOBSITE AT Permit #: 10021 TOV/Co Clean-up approved Tota( catcutated Fees---> Addi tiona L Fees---------) Totat Pernit Fee--------> , l\;tt,tt ALL TIMES 897-0281 Status. . . LOTAppIied.. Issued... Expires. . Phone z 9704762958 Phone: 9704762958 I S SUED 08 /28 / Lee't oe/to/rss7 03/oe/rse9 AppLrCANT BOYMER CONSTRUCTTON/CONT P O BOX 1001, VArL CO 81658 CoNTRACTOR BOYMER CONSTRUCTION/CONT P o Box 1001, vArL co 81658 OWNER TUFO PETER F 164 EAST 72ND STREET, NEW YORK NY Description: KITCHEN,BATH,ENTRY, STA]R REMODEL Single Family Residence3mOUnt N Type V Non-Rated date #0f Gas Logs: 343.00 Restuarant Ptan Revi eH--> 29,OOO Add Sq Ft: 67 fof Gas App I i ances:fof Uood/Pa t Let: ****t****ffi**ff****************************************** FEE SUl.lHARy ****t*************************t**********************ff** Bui Iding-----> P(an check---> Investi gat i on> tli L l, CaL L----> ztz -t> .00 50.00 10.05 250.00 879.00 .00 879.00 879.00 Recreation Fee----------> 3.00 C lean-l,Jp 0epos i t-------->Paynent ***************i***********************lllll*liii;;;;;;;;;;**ii**********?l?;ff*******ll*tllil-lll;;;;;;;iiiiiii************iff*** *i*************************************i*****t*t************************Jr*i***************************************t**i******i***** See Page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknoetedge thEt I have read this apptication, fil,ted out in futt the information required, compteted an accurate ptot Pl'an, and statc that att the inforDation provided as required is correct. I agree to compty vith the intornation and ptot ptan,to comply Hith att Tovn ordinances and state [aws, and to buitd this structure according to the Tovn's zoning and suMivision codes, design reviev approved, Uniform Buil,ding code and other ordinances of the Town appticabte thereto. REOUESTS TOR INSPECTIONS SHALL BE I'IAOE TWENTY-FOUR HOURS IN AOVANCE BY TE send ctean-t,p oeposit To: eovref,l coNsTRUcTIoN Dev. OR AT OUR OF F ICE FROI'I CONTRACTOR FOR HII.ISELF AND OUNER \'/'t.t ,-',') r'. ,:.. --r-/t.r?. .4,:''l ///--r_\ -\(-<) ;. ALL TIMES 99'7 -028I TOWN OF VAIL 75 S. FRONTAGE ROAD vArL, CO 8L657 97 0-47 9-2138 Bui Lding-----> P Lan Check---> Investigation> |.,i(L cat L----> DEPARTMENT OF COMMUNITY DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT n nR /i AUDIArJT SFR BUILD PERMIT permit #: Job Address Location. . . ParceL No..Project No. I S SUED 08 /28 / reeT oe/10/ree7 03/0e/reeg 285 FOREST RD Status. . . VAIL VILLAGE FILING I LOTApplied.. 2I0t-07 1-13-040 Issued...PRJ97-0154 Expires. . AppLrCANT BOYMER CONSTRUCTTON/CONT P O BOX 1001, VArL CO 81658 CoNTRACTOR BOYMER CONSTRUCTTON/CONT P O BOX 1001, VArL CO 81658 OWNER TUFO PETER F 164 EAST 72ND STREET, NEW YORK Ny 10021 Descripti-on: KITCHEN, BATH, ENTRY, STAIR REMODEL Occupancy: R3 Single FamiJ_y Residence Type Construction: V N Type V Non-Rated Valuation:29 t 000 Add Sq Ft : 67 Phone: 9704762958 Phone : 97 O4'7 62958 F i reptace Information: Restricted:#Of Gas AppIiances:#of Gas Logs:fOf Uood/Pa L L et: **********t ************************************************ FEE SUI'lt4ARy ***************************************ff***************** 543.00 Restuarant p tan Reviev-->222-95 oRB Fee--------.00 Recreat ion Fee---------->5.00 Ctean-lJp Depos] t--------> .00 Total Ca lcutated Fees--->50.00 Addi t iona L Fees--------->10-05 TotaI Permi t Fee-------->250.00 Payments------- 879.00 .00 879.00 879.00 *************************i*************lllll*lili;;;;;;;;;;;iiii**********il?;lg*-**ii-tlH-lll;;;;;;;*ii**ii************il9*** Dept: BUILDING Division:CHARLIE DAVIS Dept: PLANNING Division:PER DIRK MASON N/A DePt: FrRE Division: N/A DePt: PUB woRK Division: )t********************************************************************************ff*********************************************** See Page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I hereby acknowtedge that r have read-this aPPl'ication, fitted out in futl, the information required, compteted an accurate ptot pLan, and state that aLl' the information provided as requ'ired.i" "o..eci.- i ug.l. to compty with the information and ptot pLan,to compty vith al'L Tovn ordinances and state larrs/ and to bui[d this structure according io'the Townis,oniig "no subdivision codes, design review approved, uniform Bu'il'ding code and other ordinances of the Town appt.icab(e thereto. REOUESTS FOR INSPECTIONS SHALL BE IIADE TI]ENTY-FOUR HOURS TN ADVANCE BY send Ctean-up Deposit To: eoVnef,l COHSTRUCTtOH 0R AT oUR oFFICE FRO 8:0O A CONTRACTOR FOR HII4SELF ANO OIJNER Page 2 ******************************************************************rt************* CONDITIONS Permit #: 897-0281 as of 09/I0/9i Status---: ISSUED ******************************************************************************** Permit Type: ADD/ALT SFR BUILD PERMIT AppJ.ied--z OB/ZB/L997 Applicant--: BOYMER CONSTRUCTION/CONT Islued---z o9'/Io'/I997 9'104762958 To Expiret O3/09/t998 Job Address: 285 FOREST RD Location---: VAIL VILLAGE FILING 1 LOT 20 BLK ?Parcel No--: 2101-071-13-040 Description: KITCHEN,BATH,ENTRY, STAIR REMODEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COnditiOns * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. FIELD TNSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE.2. SMOKE DETECTORS ARE REQUIRED IN ALL BEDROOMS AND EVERY STORY AS PER SEC.1210 OF' THE 1991 UBC. ************************* TOWN OF VArL, COLORADO ***********************!t**************************************** o *** Statemnt Number: REC-0324 Amount: Payment Method: CHECK Notation: #1503 ************************ o ************ Statennt 8s9.00 09/L0/e7 09:33 Init: cD Permit No Parcel No Site Address Location This Payment Account Code 01 0000 41310 01 0000 41331 01 0000 4t332 01 0000 22002 30 0000 45032 01 0000 41336 Descript,ion BUILDING PERMIT FEES DESIGN REVIEW FEES PLAN CHECK FEES CLEANUP DEPOSITS RECREATION FEES WILL CALL INSPECTION FEE 897-0281 Type: A-BUTLD ADD/ALT SFR BUrLD pE 2101-0 71-13 -0 4 0 285 FOREST RD VAIL VILLAGE FILING 1 LOT 20 BLK 7 Total Fees:859.00 Total ALL PnUs: BaLance: 879.00 879.00 .00 *******************:t******************************************** Amount 343.00 30.00 222,95 2s0.00 10.05 3.00 TOWN OF VAIL 75 S. FRONTAGE ROAD vArL, co 81657 9'7 0-47 9-2138 Etect|.i ca [---> DRB Fee Investigation> tJ'i l. L Ca L l,----> TOIAL FEES---> Job Address Location... Parcel- No..Project No. 50.00 .00 .00 3 .00 53.00 285 FOREST RD 285 FOREST ROAD (EAST 2101-071-13-040 PRJg7-0154 Status. . . SIDAppIi-ed.. Issued... Expires. . DEPARTMENT OF COMMUNITY DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ELECTRICAL PERMIT Permit #: 897-0190 I S SUED 08/28/ree7 oe /ro/ree7 03 /os /rse8 APPLICANT BOYMER CONSTRUCTION - CONTRACTOR OWNER TUFO PETER F 164 EAST 72ND STREET, NEW YORK NY 10021 CONTRACTOR F.D. TAYLOR ELECTRICAL 861 SHEKEL LANE, BRECKENRIDGE, CO 80424 Description: KITCHEN/ BATH, ENTRY, STAIR REMODEL Phone: 970-453-0726 Val-uation:2,000.00 FEE SUllllARy ********************************************************** TotaI Catcu Lated Fees---> Additional. Fees---------> 53. O0 .00 TotaI Perni t Fee--------> 53.0O 53.00 .00 *****tc*****t******tr**rd***********************lr****ff(*****tct********************************************************t************ ltqm: ,06000 ELECTRICAL DEPARTMENT Dept: BUILDING Division:09/10/L997 CHARLIE Action: AppR CHARLIE DAViS-Itbm:'05600 FIRE DEPARTMENT Dept: FIRE Division:09/t0/r997 CHARLTE Acaiont AppR N/A *****ff***ff**********************************ir*************************ff*******************tr*********************************** CONDITION OF APPROVAL ***********************************t******t*******t*****t****tdff*********************************************r****************** DECLARATIONS I.hereby acknowtedge that I have read this appLication, f il.l.ed out in fuLt the information required, compteted an accurate pt.ot ptan, and state that atI the information provided as required is correct. I agree to compty lrith the information and pLot pl.an/to compty |.,ith al'L ToHn ordinances and state taws, and to buitd this structure according io'the Town's zoning and subdivisibn codes/ design revieY aPproved, Uniform BuiLding code and other ordinances of the Tovn appticabte thereto. Payments------- BALANCE DUE---- REQUESTS FOR INSPECTIONS SHALL BE I'IADE TIJENTY-FOUR HOURS IN ADVANCE BY TELEPHONE Af 179-21.38 oR AT OUR oFFICE FRotl 8:0O A[ 5:00 TOWN oF vArL, COLORADO Statemnt **********!t***************************************************** StaUemnt Number: REC-0324 Amount: Payment Method: CHECK Notation: #1503 53.00 09 /LO/97 o9: 34 Init: CD Permit No ParceI No Site Address Location This Payment Account Code 01 0000 41313 01 0000 41336 E97-0190 Type: 2101-071- 13 -0 4 0 285 FOREST RD 285 FOREST ROAD B-ELEC ELECTRICAL PERMIT (EAST SIDE)Total Fees: 53.00 Total ALL Pmts: Balance: Description ELECTRICAL PERMIT FEES WILL CALL INSPECTION FEE 53.00 s3.00 .00 **************************************************************** Amount 50.00 3.00 TOWN OF VAIL 75 S. FRONTAGE ROAD vArL, co 81657 97 0-4'7 9-2138 DEPARTMENT OF COMMUNITY DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ON JOBS ITE Permit PLUMBING PERMIT AT ALL TIMES P97 -0I:.2 Job Address Location. . . ParceL No.,Project No. 285 FOREST RD 285 FOREST ROAD (EAST 2r0t-071-13-040 PRJ9 7 -015 4 Status. . . SIDApplied.. Issued. . . Expires. . I S SUED o8 /28 / LeeT 0e/r0/rse7 03/0e/ree9 APPLICANT BOYMER CONSTRUCTION OWNER TUFO PETER F 164 EAST 72ND STREET/ NEW YORK Ny 10021 CONTRACTOR LORTON PLUMBING INCORPORATED LPI PO BOX 3635, EAGLE CO 81631 81631 Phone:970-328-5900 Descriptj-on: KITCHEN, BATH, ENTRY, STAIR REMODEValuation:2,000.00 *************************************ff******************** FEE SUI'fiARy *****H**********i****i****ff***ff************************ P Lumb i ng-----) P lan Check---> Invest i gat ion> l,l i tL Ca l,l.----> Restuarant P Lan Revi eu--> TOTAL FEES---_- Totat Ca I cu Lated Fees---> AdditionaI Fees---------> Totat Permi t Fee--------> 30.00 7 .s0 .00 3.00 .00 40.50 40.50 .m 10. 50 Payments > 40.50 ******i*****************t****fi**i****************************************************ii*llll-lli;;;;;;;;iiii*i************i?l*** rtem:.O51OO-EqII-,DING DEPARTMENT DepT: BUILDING Division:09/ro/r99i _CHARLTE Aa-ionr -AFpn CHenLrE DAViS Ile4i'.9I Qq0 _IIBE DEpAniMei.ir 09/IO/1991 CHARLIE Acrion: AppR N/A ************************ff***tr****ff**********ff***************ir*******************************ff*ff**i********i***************** CONDITION OF APPROVAL 1. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. ************************************************t*ff*************************************i**i*i*****t***************************** DECLARATIONS I l:t"ll-":ll?!t9je9 t19t t have read this appl'ication, fi Lted out in fut,t. the information required, compteted an accurate ptot pLan' and state that aLI the information provided as required.is correct. I agree to compLy r,,/i th the information and pLot pLan,to cotnpty wjth aLt Town ordinances-and state [avs, and to buiLd this stru"ture"accordlng to the Town's zoning and subdiv.ision codes, design feview approved, Uniform Bui Lding code and other ordinances of the Town appt icabLe thereto, REGUESTS FOR INSPECTIONS SHALL BE I,IADE TUENTY-FOUR HOURS IN AOVANCE 8Y TELE FOR HII'ISELF AND OI,INER o ***************************o ******:t***** Statemnt ************************* TOWN OF VArL, COLORADO *******************************************!f, ******************** Statemnt Number: REC-o324 Amount: Payment Method: CHECK Notation: #1503 40.s0 09/Io/e7 09l.32 Init: CD P97-Ol1-2 Type: B-PLMB PLIIMBING 2101-071-13-040 285 FOREST RD 285 FOREST ROAD (EAST SrDE)Total Fees:40.50 Total ALL Pnts: Bal-ance:**************************************************************** Permit. No: Parcel No:Site Address: Location: This Payment Account Code 01 0000 41311 01 0000 4t332 01 0000 41336 Description PLUMBING PERMIT FEES PLAN CHECK FEES WILL CALL INSPECTION FEE PERMIT 40.50 40.50 .00 Amount 30.00 7 .50 3.00 rcontacr O )VflrdqT"'ar 970- oF VAIL coNsTRUcTroN I t lt/lL> 'pERllrr # ?ARCEL tl I ' Job '41t^1. Electrical Contrac Address: Plurnbing Contractor: Address: Mechanical Contractor: Address: ********************************FOR BUILDING PERMIT FEE: PLUMBING PERMTT FEE: I'IECHANICAL PERMTT FEE: ELECTRICAL FEE: OTHER TYPE OF FEE: DRB FEE: VALUATION Town of vail Reg. NO. Phone Nurnber: oFFrcE usE ******************************* BUILDTNG PLAN CHECK FEE: PLU}IBING PI.,AN CHECK FEE: MECHANTCAL PI.AN CHECK FEE: RECREATION FEE: CLEAN-UP DEPOSTT: TOTAL PERMIT FEES: Job Address: Legal Descriptionz t ot_?-Dt BIoc Filing Owners Name: Address:Ph. Architect, W Address: ph%AJZ ceneral Description: work class: [ ]-New 1-1:--ltteration t l-Additi [ ]-Repair [ ]-other Number of Dwelring units: _ Number of Accornrnodation units: il#glff: fiffiIftI:ti:@- i3fiit: I Address: ,r n-T--T\-\ 'phoFe Number: . No.J'/z-'- { Phone Nunber: own of VaiI hone Nunber: BUILDING: STGNATURE: ZONTNG: SIGNATURE: CLEAN UP DEP,OSII REFIIND T1O:?- fuVrf,lz- cot-yT o ,.,'i:,r iiilll.lEli tli-ln;ti' : flDUF' r"tF."t:'t- L :.i 1 1;ill,l'i./$lr tt8rlltilt REnull'.$fS i:ili? ]NilF'n.CTi,i:rfi !,Jr"JFi/,Si-li:l:l-5 tslrR:18'.t )/97 Art ivity ; FS7-hl381,t iii'J.i'-i7 l"ypr ; t-l"iil-l.il-fi 5-:i.-,r1: Addt"r:;r; ':.F'5 F:llFifST Ril l-..i,ritt,ioi1 . {JAIl.. UILLnfiF: Fii.-lf.'ifi 1 LnT :;r'i} Lil-}': I F-'*rr"re l. ! ;:ti r2l i -A7 I * 13--;;1'r*B lji:c; fiDa-i.f.it:ti{rnr HITr-'Hi:l.i"lld:I]-i.lrE.l{"fnY! 5ifil.Fl F[:lr'ir][iii. 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'l e m : titt.tt i f'tZi iii-,I*::tl:--FJa r-r cl l-r lLll 14i!:7 Ii"rsl:r:nt r:i' : [*ti; I t s rn : 'jlJ j. .l:til F-l- il. t."" -ij r: ir il r-r :i. t: I1.: ern; tjBl. rr.fi Et'F:il-:--.r--li *c. 1t E m r A$ 19fi ili-lifi*-f: i. r"i,:r i 1t arir r fifl*;i-'ll FI ftE"At."r-1lJF1 fi|l!.irih ffi1l{J ,, iJ. 7 -:/''.,.']',''':i{r'i & i:1i l-i j,ri! : iilr';.'Fi F)r;';:'rtr'tV[:I) /' ;i a,oo Design Review Action Form TOWN OF VAIL Zone District P/S Darc: August 25.1997 Parcel Number: Project Descliption: Tufo - Interior Conversion Owner. Address and Phone: Peter Tufo ArchitecVContact. Address and Phone:Steve Riden, PO Box 3238 Legal Description: Lot20 BlockT Subdivision: Vail Village lst Project Street Address:2E5 Forest Road Comments: Motion by: Seconded by: Vote: Conditions: Planner: Lauren Waterton Date: August 25,1997 Board / Staff Action Action: StaffApproval DRB Fee Pre-Paid: $20.00 JUL -28', 9? (il|ON) r2:37 JU--2e-199? La't22 MILBACEE'N rf,mEs RIDEx ntx ..r< TEL'212 a 0t2r P 002 D S'S1C,tl x'|rlBr lorrD ltPLlc$rox td{tf oP vrll. collcnrDo oAlE slcllvlD; DATE OF DR.B UEEIING: tataati.lll Y t.vaL tl IYPE oF RErtr Etf: ,Neu ccDg rnlcrion 11200 ' 00 I ]aaicion tt5o. oo ) f ui,nor f,tEaEacion (t20.C0) -cott".g.oal Rev:F (tot ja B. c. D- t F- I J. of n9 Nrx! ai I I! propcrcv r5 d.sct:bed bv a nsecs rnd-lo:l:: Itsal descriDtion. pteare groJrii on ^ "tglrtee !lre'L and actac! co r,hi s appl:.ca(ron. ^t ZONING : AP?LtCAfT.S lilrac lttEl/ ets; NT'{E OF OWNER{s}: qlrxzr t-cJ s r6atldll. l'ler I ing Addr.tr : ^tPrfCAfrOr{! ttb Foa DE PnOcttgED rf|.n/frgr ott'Wl't gJl'tqwzE Condqninitra ApProvat r! aPDlicible ' i3 pald - PqE r 20.00 t >u. tJU tr00. o0 1200.00 tr00 - 00 r500.oo oDrE YErR l.Ftrt trRtl' tr !tr[D ltID coss TtrOCtIo}f C(LLLD SEUT-, A:.|ED rc g- Li. ts-n Na { uccrt- ?LA-i.> b rJ 1,''5t -11 ffa wrr. Vav'be Tr, !t 4 rF TOTNL P.E2 o FILI [}OPY 75 South Frontage Road Vail, Colorado 81657 970-479-213V479-2139 FAX 970-479-2452 D e partrne nt of C ommuniry D eve lopme nt July 31, 1997 Steve Riden 51 Eagle Road Avon, CO.81620 RE: Lot 20, Block 7, Vail Village 1st Filing Dear Steve: As I understand it you have submitted plans for an interior conversion located at the above referenced property. This application is contingent upon the August 5, 1997, GRFA Interior Conversion Ordinance being passed. Since this has nol occurred, the application cannot be reviewed by staff . Furthermore, should you decide to submit after August 5, please provide existing floor plans to clarily the conversion. Sincerely,fl^: g. h/Jl;.- Tammie Williamson Town Planner cc: Lauren Waterton {p *'"nuo'u"' ;<_,::.=A: r'JJ:J;ja. . .qis+'r .t Proiect Name: Proiect Description: Contact Person and Phone Projecl Application '1,24'70 Owner, Address and Phone: Architect, Address and Phone: Legal Descripliotn: tot 2 D , Btocv.t ' / l'' z/r, t4 , ,"* y's 7 Com ments: Design Review Board Motionby: 4'(-( e N'/- 70 Seconded by: 4-o D ISA PPB OVAL ,fr v Su m mary: Town Plan ner E Statt Approvat F.:.2 JLL 23 ,ea ut37 vArL o DIr' lD'D&IClStgI Dl?t! lPPiltrttTlgH REgErrEDr D[1!:? of DRB lcrrrncr iltilffilf,rHfllfl-ro' YfrrJL ;ron B! A..EEIED Inrrtt ^L! ur.oRr,r^rro' r. 9RE-;[tgLrcirDlon ]trttD{|3 r f-Prr-lpD1:,caElorr-nrtl'g ytUr ..pll*lnE !ur!t r*bcr lr ill3ilfllIr;li"Il"Hfd:8,'',*':*k, :i.lli iiltFiFli- Ic 1r thr apgllcanG rppolntucqr wlth thc r{nft to tlnd -*r_ * ..a,,r,'_ - ttail rcE;ireutntl . pleilrr note P.Z A. PRSTECT DEECRIHI:I,CIfI E.rpq,ASXOlr oF gROD)S,t&t lddrcllr Ifgrl ncecrJ-ptlon Sllbdlvlrlon Cr rtltE ot IFP[,ICAlt,rr E, NA}IE OF OWNUR8S Stela$uru(8) t D. t{alltrrg Addrirrr.-- 4r7 fit1 l- lAp - ,_ -A4a-u+qi: l-'ouul=-fr,48s,, NAI'TE OF APPLICA.II'TII3 REPH3EEHEITIVET fu('?'EI' ft-I ' Harlrrrg Addvrsrr.--r@:'-fru &c^h,-gl, Dhono Malllng radr:ceo/.- itafr. ffi**r I Jtrt+?-ig@]]n"". F. G. Appr,Jv,rl lt DRD TTIE: v^Jn\qFlq{EEE $ 10.00 f, 2r.00 s 50.00 $roo., oo $eoo. Qo $300. o0 80 g lo, {r01 I 50,001 glto, ool 9500 r 001 I ov€r $ l0l )oo ti t") , t^n tf 15,t, coo !I 501,000 gl, 00.e , J00 $1r00J,0o0 apPllc:qblr. (0vER) LIST OF }IATERIAI,S NAI{E OF PRO.'ECT: LEGAL DESCRTPTTON| II,T.Q BL-ACK 7 STREET ADDREss : 2Og fue- r tZ? DESCRTPTTON OF PROJECT: kan- '' rc *P?arZ- 'uilb The following infotmation ls Review Board before a final A. BUILDING T{AfERIAL6; Roof Siding Other Wall llaterials *erqiq- luff*€.s- Windows Window Trin Doors Door Trim Hand or Deck Rails *UJal- Flashings Chinneys Trash Enclosures Greenhouses Other I,ANDSCAPING: NAME required for subnittal to the Design approval can be given: TYPE OF I,TATERIAL COI.oR br44e 4€ ,p ,. aa It *7 /ar*4 B. *Indicate caliper for deciduous trees. deciduous trees is 2 inches. Indicate fururu e M /43 eA) A*4rqftpGA- Minimurn caliper for height for coniferous of Designer: Phone: Botanical Narne Common Name ouantitv Size*PI,ANT ITIATERIAI,S: PROPOSED TRXES EXISTING TREES TO BE REI'IOVED SUBDIVISION trees. PLANT I,IATERIAIS 3 PROPOSED SITRUBS EXISTING SHRUBS rO BE RE}IOVED *Indicate size 5 crallon. Botanical Name Comnon Name ouantitv Size* of proposed shrubs.Minirnun size of shrubs is Tyt)e Scruare Footage GROUND COVERS soD SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROI, c.OTHER LANDSCAPE FEATIIRES (retaining wa1ls, fences, swirnrning pools, etc.) Please specify. Indicate heights of retaining walls. Maximum height of walls within the front setback is 3 feet. Maximun height of walls elsewhere on the property is 6 feet. Project Application 5,2,?O Proiect Projecl Conlact Name: Descriplion: Person and Phone Owner. Address and Phone: Architect. Address and Phone:leoclon P;re.. 416- 413\ Legal Description: Lot Block 11 Zone Com ments: Design Review Board Date 5.7,7O Motion byi fl'C /,Jt Seconded by: D ISA PPR OVA L Summary:j-o Town Plan ner Date: E statt Approval t APPI.,ICATION FOR REVOCABLE A STRUCTURE ON A (Please tYPe or Print) DATE April 16, 199Q o PERMIT TO ERECT OR MAINTATN PUBLIC RIGHT-OF-WAY Fence Wa11 Landscaping Other OWNER OF pROpERTy Mr. Peter F. Tufo NAI,IE OF APPLICANT MT. ADDRESS 285 Forest Rd., Vail, C0 81657 LEGAL DESCRTPTTON OF LOT 20 BL9CK 7 PROPERTY TO BE SERVED: SUBDTVIST9N VaiI Vi1lage First Fi1ing (ff necessarY, Corner lot aEcn description Inside lot on separate sheet). X DEscRIPTIoN OF STRUCTURE OR ITEM(S) INT9 RIGHT-OF-WAY: Retaining wa11s that already erist, some to be reconstructed and/or extended sliqhtly and some eristing Attach plans show encroachment, property I e, sidewalks, curbs, affected appurtenance in section(s) as well as intakes, hydrants, meters, manholes, any other the project area (to scale or dirnensioned) and elevations (if applicable) . Does structure presently exist? :3fi: #?]]totn3allllt.uotno ot"t"nttt "*tt. uno Proposed date for conmencement of construction not yet determined In consideration of the issuance of a revocable permit for the structure above indicated, applicant agrees as foll-ows: l-. That the structure herein authorized on a revocable permit basis is restricted exclusively to the land above described. 2. That the permit is linited specifically to the type of structure described in this application. 3. That the applicant shall notify the Town Manager, or his duly authorized -gent, twenty-four hours in advance of the tirne for commencement-of construction, in orrler that proper inspection :nay be maqe by the Town.4. The applicant agrees to indenrnify and hold harmless the Town of Vai1, its officers, employees and agents from and against all liability, claims and demands on account of injury, loss or damage, including without limitation clairns arising fron bodily injury, personal injury, sickness, disease, death, property loss or-damage, or any other loss of any kind whatsoever, which arise out of or are in any nanner connected with applicant's activities pursuant to this permit, if such injury, loss, or damage is Laused in whole or Ln part by, or is clained to be caused in whole or in part by, the act, ornission, error' professional error, nistak-e, negligence or other fault of the applicant, his contractor or subcontractor or any officer, employee or representative of the applicant, his contractor or his subcontractor. The applicant agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at the sole expense of the applicant. The applicant also agrees to bear all other expenses relating thereto, including court costs and attorney's fees, whether or not any such liability, cLains, or demands alleged are g'roundless, fa1se, or fraudulent. Applicant agrees to procure and rnaintain, at its own cost, a policy or poticies oi insurance sufficient to ensure against all. liability -laims, dernands and other obligations assumed by the applicant pursuant to this Paragraph 4. Applicants further agree to release the Town of Vail, its officers, agents and enployees from any and all liability, clairns, denands, or actions or causes of actions whatsoever arising out of any damige, loss or injury to the applicant or to the applicant's and new landscaping to property caused by the Town of Vail, its officers, agents ?n+ .;;i;;;a" while e-ngagea in naintenance or snow removal activities oi-i"i other activities whatsoever on Town of Vail property, streets, sidewalks, or rights-of-way. That thi perrnit na! Ue revoked whenever it ls determined that the encroachrnint, obstruction, or other structure constitutes a nuisance, destroys or impairs the use of the right-of-way by lhe pJUfi", ionstitules a trlffic hazard,g or the property upon.which Lh" "n"toachment, obstruction, or Stiucture exists is required for use by the publici. or it rnay be revoked at any time for any reason deeured suf f icient by lhe Toltn of VaiI . That the appllcant wiII rernove, at his expense, the encroachnent, obstructioirl 'or srtructure wit[in ten days'after receiving notice of any revocation of said Pernit.that ihe appllcant agrees to rnaintain any landscaping associated with the encroachnent on the right-of-way. That in the event said removal of the encroachment, obstruction, or structure is not accomplished within ten days, the Town is hereby authorized to remove same and have the right to make an assessment against the property and collect the costs of removal 5. 6. 7. 8. in the same manner as general taxes are collected. t the permit--sq issued--is nq{as9*qrsab}e--a{tq lned E can L 10. That the applicant has conditi.ons set forth in and understands all of the terms and application.read this L1. Special conditions: s o Ordner (rf oint ownersh , both signatures) oateL zt/lo Works APPLICATION DATE:April 16, 1990 llay 2, 1990 DATE OF DRB MEETIi{G: DRB APPLICATION *****THIS APPLICATION I,IILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBMITTED*ff** I. PRE.APPLICATION MEETING: ts. P'lease note that a COMPLETE applica- for your proiect by decreasing the number y stipulate. ALL conditions of approval must ssued. A. PROJECT DESCRIPTION:Res i dehce : B. LOCATION OF PROPOSAL: Address 285 Forest Road Descri ptl on Lot 20 Parcel A Bl ock 7 Fi I ing Va i I vi I I arto ['i ps1 Pri ma ryl Seconda ry C. NAME OF APPLICANT:Mr. Peter F. Tufo Legal Zonlng Address 285 Forest Rd., Vail, C0 31657 tel ephone 479-0429 D. NAME OF APPLICANT'S REPRESENTATIVE: GOTdON R. PiETCC. ATChitECt t Address E. NAME OF 1000 S. Frontage Road West, Vail tel ephone 476-4433 l4r. Si gnature Address tel ephone 479-0429 F. DRB FEE:The fee wi'l'l be paid at the tlme a build'i ng permit is requested. FEE VALUATION $ 0-$ 10,000 $10,001 -$ 50,000 $.50,001 - $ 150,000 $150,001 - $ .500,000 $5oo,oo1 - $1,ooo,ooo $ Over $1,000,000 '$ 10.00 $ 25.00 $ so.oo $100.00 $200.00 $300.00 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB: l. In addjtion to meeting submittal requirements, the applicant must stake the site to inaicate property Tlnes and building corners. Trees that wi'l 'l be removed ihouta a'lso be inartia. itris worf must-be completed before the DRB visits the site. Z, The review process for NEW BUILDINGS rvill normally involve tl'ro separate meetings oi-tt. Desiln Review 8oard, so plan on at least two meetings for their approval- 3. people who fail to appear before the Design Review Board at their scheduled r""itng and who have not asked for a postponement will be required to be republ i shed. 5 Forest Rd. o 4. presented to the Design-Revit* q9:T9' The following ltems no 'lonqer have to be They, horever, nave il #"il;.;niIo-io-ini iontng Administrator for apprgvar: a. Wlndows, sKyllghts and. siml'lar exterlor changes that do not alter the Er' ;i;ii;s pline'of the bui]dlns; and b.Bul.|dlngadd.|tlonsthatare.not.viewedfloqrgnyotherlotorpublicspace' which have nii'iliti'ti-subrnittea'iiom-adiointq-s Rropertv owners approvlng the addltlon; and/or approval r"om.lne-ii.nl i6"., oi"-'ii.'.g.' of a.condom.inium assocl atlon. 5. you may be required to conduc,t Natura'l Hazard studies on your property. You shou'l d r' i[i"r "r,itn a-iown Planner before prtceeding' Tufo Residence: e LIST OF I'IATERIALS Garage Addition NAME OF PROJECT: LEGAL DESCRIPTIOiI: STREET AODRESS: DESCRIPTION OF PR The folloling Eoard before A. BUILDING Vai I Vi I I age Fi rst information is required for submittal by the applicant to the Design Review a final approval can be fiven: MATERIALS: TYPE OF MATERiAL COLCR Roof Siding 0ther l^lal'l Materials Fascia Soffi ts l,'|i ndows !lindow Trim Doors Door Trim Hand or Deck Rails Fl ues Fl ashi ngs Chimneys Trash Enc'losures Greenhouses 3rarue Caz-umtus /^ ,4,t'4 Si ze* EXISTING TREES TO BE REI'IOVED for conl fers . (over) Otner bt(e*OL laa,e B. LANDSCAPING: Name of Designer: ohone: PLANT MATERIALS: PROPOSED TREES Botanical Name Conmon Name an fe-re *Ind{cate callper for deciduclous trees.Ind'lcate hei ght O at- PLAiIT TIATERIALS: (con't) SHRUBS Botanical Name Coranon Name Quani tv (iro EXISTING SHRUBS TO BE REI'IOVEO GROUND COVERS Tvpe Square Footaqe SOD ,u/* SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL C. OTHER LANDSCAPE FEATURES (retaining walls, fences, swimming pools, etc.) Please specify. . 577/e-s ?ata4 TD tbuaA ZONE CHECK FOR SFR, R, R P/S ZONE DISTRICTS Aprjl 16, 1990 LEGAL DESERTTTION : LOt?Block 7 Filingla'll [!!]g$ First ADDRESS: 285 Forest Rd., Va 0l.lNER Mr. Peter F. Tufo ARCHITECTGoTdon R. Pierce Phone 479-0429 Phone 476-4433 Z0Nt DISTRteT Primary/Secondar PROPOSED USE EXiS-ljru--Brjqar LOT SIZE A l I otred (30)(33) z??o (.< Heights Ava I anche Flood Plain Sl ope Wetl ands Geoloqic Hazards + zts =3703V Prooo s e d Height Total GRFA Primary GRFA Secondary GRFA Setbacks: Front Sides Rea r Water Course S i te Coverage (.,*,r\ 36tt oo% 2 Landscapi ng Fence/Retai ni ng Wa11 Park ing Credi ts: Garage 3 .:6 . 9a "re*\) z ( 3oo ) (6oo ) (eoo) (1200) (so)(1oo) (2s)(so) (2oo)(4oo) Mechanical Ai rl ock Storage Solar Heat Drive: Slope Permitted Envi ronmental,/Hazards : SloPe Actual &7o t Comments: Zoni ng: Approved/Di saPProved Ile lo . Staff Siqnature TO3 FROU: DATE: SURfECT: Planning and Environnental Commission Community Development Departnent Marcb 26t L99O A reguest for a setback variance for the construction of a garage on Lot 20, Block 7, Vail village lst FiIing.Applicant: Peter Tufo r.DESCRTSTTON OF THE VARIANCE REOUESTED The applicant is requesting a variance fron the front setback requirement in order to construct a garage addition at 285 Forest Road. The request is to allow a garage to be built within 3 feet of the front property line along Forest Road. The reguired front setback for this lot is 2O feet fron the property line, per Section 18.13.060 of the Town's zoning code. No residential floor space is proposed for the garage addition. There is currently a prirnary/secondary residence on the site, with enclosed parking provided only for the prinary unit. surface parking is used for the secondary unit. Section 18.69.050 of the Townrs zoning code does allow for garages in this zone district to be constructed in the front setback without a variance, provided the average slope of the site beneath the proposed structure and parking area is in excess of thirty percent. Althougtr this site is extremely steep, the average slope beneath the structure and parking area is only 278, and hence this variance reguest. Because the proposed garage would not be attached to the residence, this site plan nas presented to the Desigm Review Board for conceptual review with regards to conpliance with the Design Guidelines. The DRB, on December 6, 1989, unanimously approved the separation of the residence and garage. The Design Review Board found that the existing residence presented a significant site constraint and that the garage could be separated fronr the residence and not be in violation of the Design Review Guidelines. I{ith this conceptual approval frorn the Design Review Board, the applicant is now reguesting a 17 foot encroachnent into the 20' front setback. IT. CRIIERIA AND FINDTNGS Upon review of Criteria and findings, Section 18.62.060 of the Vail Municipal Code, the Departnent of Community Development recommends approval of the requested variance based upon the following factors: A. Consi-deration of Factors: 1. The relationshio of the recruested variance to other exj.stingr or potential uses and structures ln the vicinitv. Due to the extremely steep topography and the heavily wooded slopes along Forest Road, nany of the existing garages, and surface parking areas, have been constructed in close proximity to their front property lines. The net effect of this variance reguest would be a reduction in the amount of fiII needed to support a garage within the reguired setbacks, as well as the preservation of an 18rr diameter, mature evergreen (see attached site plan). The Department of Conmunity Development believes that the requested front setback variance would not adversely affect the privacy or use of any adjacent properties. We believe this variance reguest Ls positive because ttte mature evergreen tree is preserved and the construction scarring on the hillside is mininized. 2. The degree to wtrich relief from the strict and literal interpretation and enforcernent of a specified requlation is necessarv to achieve congrtibilitrr and uniformitv of treatment anong sites in the vicinitv or to attain the obiectives of this title without crrant of sp!:cial nriviLeqe. staff believes that relief from the strict setback reguirement is reasonable in order to sensitively place development on the site, and to provide accessible' covered parlcing for the secondary unit. The staff has always been supportive of garages in conJunction with the development of primary/secondary lots. We feel that garages relieve on-street parking problens and the associated aesthetic inpacts of surface parking. 3. The effect of the re<ruested variance on liqht and alr,distribution of population, transportation and traffic facilities. public faciLities and utilities, and oublic safety. The staff finds no significant inpacts with regards to any of the above criteria. Public llorks has also reviewed the reguest and has no problem with the location of the garage. III. Section 1.3 of the Townrs Iand Use Plan states nThe guatity of developrnent should be maintained and upgraded whenever posslb'Ielr. Staff believes that the addition of covered parking for the secondary unit on this lot supports the upgrading policy. IV. FINDINGS The Plannino and Environmental Cornrnission sha1l make the followinq findincrs before grantino a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the linitations on other properties classified in the same district. B. That the granting of the variance will not be detrinental to tbe public healtb, safety or welfare, or materially injurious to properties or inprovements in the vicinity. C. That the variance is warranted for one or nore of the following reasons: v. 1. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 2. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not ipply generally to other properties in the same zone. 3. The strict interpretation or enforcenent of the specified regulation would deprive the applicant of pliviteges enjoyed by the owners of other properties in the same district. STAFF RECOT.{IIIENDATION The staff recommendation, of the requested l?r encroachnent into the front setback, is for approval . We believe that the siting of the garage has been designed in the nost sensitive Danner possible, given the existing site constraints. We believe there to be no significant impacts to adjacent properties and that due to the physical' site constraints' lppioval of this reguest would not be a grant of special privilege. The staff would reconmend the following condition of approval: That a revocable right-of-way pernit be obtained for-any and alt irnprovenents on Town right-of-way before a building permit is rel-eased for the garage. Er(l3n\l4 ft'tt llp,y hr.-,-g, a.Fnl.l4 h,tAfu nHa0c'lr.t) ffih *W rr=ro'-a" srE R-A,r.{ _-r--;J l*e .9a.rra.*r' -3).4+' bJFg E].EVA-NON t f +' -- 1'-o"z-zL-La ..l- -:- -,orrfl{ Er-EvAflthl PUBLIC NOTICE NOTICE IS HEREBY GMN 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 March 26, 1990 at 3:Oo p.n. in the Town of VaiI Municipal Building. Consideration of: L. A Work Session on Air Quality 2. A request for a conditional use perrnit to rnodify an outdoor dining deck, an amendment to restrictions regarding two emptoyee units, and a request for an exterior alteration, a height variance, a site coveragte variance and a landscape variance in order to construct an addition to the Bell Tower Building at 20L Gore Creek Drive. Applicant: clark Willinghan ,/ BeIl Tower Associates, Ltd. 3. A request for a Special DeveLopment District at the Garden of the Gods on Lot K, Block 5, Vail Village Fifth Filing at 365 core Creek Drive. Applicant: Garden of the Gods, Mrs. A.G. HiIl Family A reguest for a setback variance for the construction of a garage on Lot 20, Block 7, Vail village tst Filing. Applicant: Peter Tufo 5. A request for a height variance in order to add dormers to the upper floor of the Mountain Haus at 292 E. Meadow Dr. (Part of Tract B, Vail vitlage First Filing) Applicant: Rich Brovtn/Mountain Haus Condo. Assoc. 6. A request for an amendment to Special Development District No. 22 and a rnajor subdivision for resubdivision of Lots L- 19, Block 2, Lionsridge riling No. 3. Applicant: lllr. Pat Dauphinais, Dauphinais - Moseley Construction 7. A request for a side yard setback variance and a stream setback variance for Lot 9, Block 3, Vail Row Houses (Unit #e).Applicant: walter Granm The applications and inforrnation about the proposals are avaiLable for public inspection in the Community Development Departnent office. Town of Vail Cornmunity Development Departnent PubLished in the Vail Trail on March 9, 1990. ) , ,,-.. h , zh/^ {rfi\ -/n.^/d {" et\-*-+ cu.'/&^A r/Q/"/r' \(+) Gordon R. Pierce. Archite ct. A.l.A. ADJACSNT PROPERTY OWNERS TO LOT 20, BLOCK 7 VAIL VIII,AGE FIRST I'II.,ING Schedule No. Lot No. 6864 7980 o4a6 967 6 1n?an 9530 Lot 2l Owner Partlal Resub. of Michael and suzanne Tennenbaum Lots 14 and 17. 1800 Century Park E. Lot 18 Los Angeles, CA 90057 Robert and Mary Elizabeth Drlsko 2929 Baltimore Kansas City, Mo 64108 Lot 19-Unit A Lamar Financial Partnership, ? +/:| 86 Maple Avenue Morristown, N.J. 07960 Lot 19-Unit B William H. and Clare Brown Lot 20A 575 Hayne Rd. Hillsborough, cA 94010 Town of Vail 75 S. Frontage Road Vail, co 81657 Norman Waite, Jr. 1710 N Burllng chicago, TL 60614 1000 South Fronlage Road Wesl . Vail. Colorado 81657. -10-l 476-4'l.ll l'ost Office Ilox 2ll-1 . Bearer ('ree k. Colorado lJ1620 . l0l 949-6049 C)ne fabor Center. 1200 Seventcenth Strect. Suite 515 . De nr.cr. f'olorado 80202 . 103 623-3355 Application Dt FebruarY 26, 19go PEC MEETING DATE l'larch 26. 1990. APPLICATION FOR A VARIANCE *t 'p ':,:'.r ? 0 i any project requesting a variance. The applicatlon lnformation is submitted. rm. PETER TUF0 I.I n] s v{ill procedure is required for not be accepted until aIl NAME OF APPLICANT ADDRESS BRONN & l,llOOD - ONE I^JORLD TRADE CENTER 57TH FLOOR NEW YORK, N.Y. ADDRESS 1OOO S. FRONTAGE ROAD t,lEST VAIL, CO 81657 Er^ Feyq pHONE 476-4433 C. NAME 0F 0l.lNER(S) (typ s ADDRESS I'in. PETER TUFO rp 2 8 5 FO.REST ft,D . Vi.r-IL; CO 81557 PHONE4 t e-042s (H) D.LOCATION OF PROPOSAL ADDRESS 285 F0REST R0AD LEGAL DESCRIPTTON LOT 20 BLOCK 7 TTTTNE VAIL VILLAGE FiRST E. FEE $IOO THE FEE MUST BE YOUR PROPOSAL. enrcgls1lto cR #AZ4_ F R0l4 7erce F.Tueo PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT i,IILL ACCEPT F. A list of the names of owners qf_qll property adjacent to the subject property INCLUDING PROPERTY BEHIN0 AND_ACROSS STREETS-, ana their mailing alJresses. THE APPLICANT I.IILL BE RESPONSIBLE FOR CORRECf I'IATI.Tne noonEsseS. ___ . II. A PRE.APPLICATION CONFERENCE I,IITH A PLANNING STAFF MEI'{BER IS STRONGLY SUGGESTED TO )DETERMINE IF ANY.ADDITIONAL INFORMATION IS NEEDED. NO APPLIcATIoN_t.tI.. BE ACCEPTED UNLESS IT IS COMPLETE (MUST INcLUDE ALL ITEMs REQUIRED BY THE ZONING IPTI.NIIIR4I9!). IT IS THE APPLiCANT.S RESPONsIBILITY To unTE RH APPOiNiMENT }JITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREI'IENTS. PLEASE NOTE THAT A COMPLETE APPLICATION l^lILL STREAMLINE THE APPROVAL PROCESS FOR Y0uR PR0JEcr aY.oEcRffiTHE NUMBER oF coNDITIoNS oF AppRcvAL THAT rHi-punnlne AND ENvIR0NMENTAL COMMIssIoN MY sTIPULATE. ALL coNDITIOlrt oF-npFiOvAl-Frusr ge COMPLIED WITH BEFORE A BUILDING PEN,I,ITT_TS_iSSGD"_ . , III. FOUR (4) COPIES OF THE FOLLOI,IING MUST BE SUBMITTED: . A. I-!IITIry.Si4IryEryI OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS: l. The relationship of the requested variance to'other existing or potential uses and structures in the'vicinity. '---"r -' r 2. The degree to which relief from the enforcement of a specified requlat and uniformity of treatment afronq objectives of this title without g OVER '\ a variance l'- 3. rhe,eI::!.el-th:.:i:t:'?:.?l,ll:ll lli,il[;,:':l['llllil !l'Bl9l'ationr of lll"liliiltii","i"iilil"iiciiitiis, util ities' and public B. A topographic and/or lmprovement.surveJ at-a scale of-at least lr' - 20r stanped bv a coloraoo ri.l,nr.a'iliuevor lncluding^locations-of_all.existlng.{mprove' il'".L]-iitiuiins-si:iiis-ina-6ievilions. -0ther elements which must be shown are narking and loading areas, rng".=i'ani-liii'eii' iinaslepiO areas and utility and drainage features' C. A site plan at a scale of at least lr''20' showing existlng and proposed buildings. D.Allpreliminarybuildilrgelevationsandfloorplanssufficienttoindicate the dimensrons, jinerai'app.urance, scale and use of all bulldings and spaces ex'isting and proposed on the srEe' E. A preliminary title report to verify ownership and easements F. If the proposal is located in a multi-family development which has a homeowners association, tn.i"wiiiiJn-uiprorii irom itre assoc'lation in.support.of.the proiebt must ue=rel!ii"l"Uv'5 iuiy iultroiized agent for said association' c.Anyadditionalmaterjalnecessaryforthereviewoftheapplicationas deiermtned by the zoning admlnistrator'. * For lnterior modifications! an improvement survey and site plan may be iriivdd-by the zoning administrator' : IV. T'ime Requi rments ThePlanningandEnv.ironmenta]-Commissionmeetson.theZndand4thMondays of each month. 'n'i.'i,i,ilii.'ippriiaiio;'i;fi-;;a ill accompanvins material (as describeo auivli"f,uii-ui'iruriil;;;T"iii*-dr 4. weeks irior to the date of th pEC pubtic n.u"iiill''ii6-ini;tpiete-iiiricitioni (as-determ'in'ed uv the zon'ins administrator) wii't be accepted UV i[E'iii..iili iiiti-before or ifter the desis- nated submitta'l date' PP.OJECT: DATE SUS|,|ITTEO: DATE 0F pUBLIc COI'"|4ENTS TIEEOEO BY: BRIEF DESCRIPTION OF THE PROPOSAL:- Se(L*cK Uoi;aro HEARI N 5r,.2-,;// "-/'* fu *1k- / # " U bfg t-^/"^;'hl - 9>t< - oK POLICE DEPARTI4ENT Revievred by: Comner,ts: Revleled by: Co;;uents: Date I v 'tt t. ..: ji Da te 75 soulh tronlage road Yail, colorado 81657 (303) 47$,2138 (3031 47!L2139 ollice ol community development December 20, 1989 Mr. Ton Frye c/o cordon Pierce Architects 1000 South Frontage Road Vai1, CO 8l-657 RE: Tufo garaqe, Lot 20, Block 7, Vail Village lst Addition Dear Tom: This is to confirm that at the Design Review Board meeting of December 6th, the board determined that the existing house constituted a site constraint. Thi.s constraint allows you to construct a garaqe which is not at,tached to the house. The staff has deterrnined that the correct rnethod to use in deterrnining whether or not the average slope of the site beneath the proposed structure and parking' area is in excess of 30?, is to neasure the area beneath the residence as well- as garage and parking area. This conclusion was reached because it was felt that the intent of the code was to determine that the area beneath the house as well as the garage and parking area have slopes exceeding 30?. Therefore, you wiII need to apply for a setback variance before appearing before the Design Review Board assuming that your site does not meet the 3ot slope criteria. With your Planning and Environmental Commission application, please include the following: L. A prelirninary title report to show ownership and encum-brances. If the title report shows easements, make certain that they are on the inprovenent survey. 2.An improvement survey drawn after the construction and rernodeling were done. A revocable right-of-way perrnit for the retaining walls that exist on Town of.Vail property. The owner's signature on the application. any questions about this request, please feel free to 3. A If you have call. Sincerely, .A I A,rt,,6'/'l 'Betsv Robolack PIan;rind Technician Project Application L2/618s Proiect Name: Project Description: Contact person and pheng TOM FRYE - GORION PIERCE ARCHITECTS Owner, Address al{& ffie: MI{ AI{D MRB PETER TII'PO - ?81 I'OREST Rn vArr' Architect, Address and Phone: Legal Descri Commenls: ption: Lot 20 , atocr j v vrLL lsT . zone Filing Design Review Board Motion by: IIARREN Seconded by: APPROVAL DISAPPROVAL IT WAS DETERMINED TIIIT EHE E'XISTI CONSTRAINT WHICH ALLOI'IED A SEPAMTION 0F HOUSE AND GARAGE. 4-t Date Summary: BETSY ROSOLACK Date: Town Planner E statt Approval Dlr ' I e.' -l APPLICATION [}ATE:P6.c- I DATE OF DRB IIEETTI{G:7pa ?Q ORB APPLICATION rffirlHlsAPPLICATI0I|UILLt{oTBEACCEPTEDuNTILALLtt{F0Rt.lATI0t{tssuBt{lTTEorffr I.PRE.APPL I CAT IOI{ I'IEET IIIG : A pre-appllcation meetlng with-a plTllng staff menber ls stronsly suggested to determtne tf any aooiiidi"i inrorination it'iEli"il--Hir ippitcation wlll be accepted unress rt rs compr..l'iiiiii i'gigii .it ii.iit-i.qri;o.bi'thi-ioning administraror). rt is the appricant'! il;;;di6iiilv to;;il-d-;;iointmlnt,wlth thi staff to flnd out about additiona*i,iiliilii-""qri**.niil -i;riii. note.that a '0MPLETE applica- tion wil.t streamrin. i[I'ippiovai 'p199e#-i;" viur-proi..t bv decreasing the number of conditions or apprilrir-'tfiii'tne'ong miy'ili'priitE.-"A[i cirnoitions of apprcval mst il il;i;;"6.iore'i-buildins permit ls lssued' >, , n- - .^ -,. - e 8. c. uEscRtpTrgN , /lent -'-a:4pAaf- faz ftro ksto&tl* p6) LOCATTOII OF PROPOSAL: M*ess 2O€ fre4grPP' Legal Description Lot 2O Block 7 Filing ,/) . , F/P3- ZOning ar '*'u, ' eY MI,IE0FAPPLICANT: 14* s s o + Tufu te'lePhone Address tt. lfAt4E 0F APPLICANT'S REPRE'EI.TATIuE: fuz'oatt 2' Pr**- \ a^ ^.td. - 2D mlE'{ l,E I El''r'"b Address /,a <. . zt '* y'l * telephone AVhl'ls S \E. Ml{E 0F 0t'tNERS: a,*try'' +s 4* '/4tL/T Signature telephone F. ORB FEE: The fee wtll be Pald V$LUATI0N , ,. at the tlme a building permit ls requested' l. In additton to meeting submittal requjrements' the-applicant'must stake the.site to indicate property lines and Uuitainb-loi:n.it. Trb'es that will be rem'veo shourd arso be markld. This work ruli"u!-.iribiit.i uiro". the DRB visits tne si te. 2.TherevievJprocessforNE}lBUlLDlNGsrrillnormallyinvolvetuoseparatemeetings of the Design Review Board, so plan oi'ii iiiit ti'o ttetiigi'ior ttreir approval' 3. people who fail to apPear before the Design Revien Board at their scheduled meetins and urno iiri'ioi asiea for. iiiiiljtlitini witl be required to be rePubl i shed. 'E' 3 0-$ 10'000 310,001 -$ 50'000 i.so,oot - $ 150,000 $150,001 - $ .500,000 3500,001 - $1,000'000 i 0ver $l'ooo'ooo II,IPORTANT IIOTICE REGARDI NC ALL SUBMI SS IONS FEE '$ l0.oo $ 2s.00 $ so.oo $100.00 i20o. oo $300.00 TO THE DRB: MTERIALS DESCRIPTION OF The folloling Soard before A. BUILOING lnformation is required for submittal a flnal aPProval can be flven: }IATERIALS: TYPE OF MATERIAL by the applicant to the Esign Revieu COLOR Roof Slding Other lfall fasct a Soffits llindous Tlndow Trim Doors Door Trim Hand or Oeck Flues Flashings. Chimneys Trash Enclosures Greenhouses Other I-ANOSCAPING: ililus PLANT }IATERIALS: PROPOSED TREES EXISTING TREES BE RS|OVED *Indlcate caliper tfateriels ll tl tl l( ll of B.Oesi gner: Phone: lglnmon Name fuW Quani ty ?- 2, Size* z/t'ptl /p'-8, --1_ F-* .4 ./ oP- n TO for '' Indicate height for conifers' . (over) /tteue 4*taa,P , Botanical Name ku deciducious trees. . PIANT I'IATERIALS: (con't) S}IRUBS EXISTII'IG SHRUES TO BE REMOVED .; o o Eotanical Name Cormon Name - Size' Iug Souare Footaqe GROUNO COVERS - & iI !'^ € vr*n , o Aoo *" rr', . s0D SEED TYPE OF IRRI6ATIOII TYPE OR METHOO OF EROSIOI{ COMROL . (retalnlng C. OTHER'LAI{OSCAPE FEATURES walls, fences, swinrning pools, etc.) Please speclfy. e ZONE CHECK FOR SFRI R, R P/S ZONE DISTRICTS OATE: 0t{r{ER ARCHITE zol{E 0r PROPOSEI) UsE LOT SIZE ueru@Br AD0RESS: zaa h,eczzZ ock_Z_Fillng ltt Easf 7b4 Al I owed (30) (33) Prooosed Height Total GRFA" Primary GRFA Secondary GRFA Setbacks: Front Sldes Rear tlater Course Slte Coverage Landscapi ng Fence/Retaining llal I Heights Parki ng Credits: Garage lhchanlcrl Al rl ock Storage Solar Heat Drive: Slope Permitted Envl iorunental /tlazards : w 2 20' 15' 15', ( 30) ( so) (3oo)(600) (soo)(1200) (50)(100) (2s)(50) (2oo)(4oo) l' I /aue toarq e#) ,i p/* - N/A -.-, )L-PWf/?4'/,PR -(/ 4blapE' Uf/t&.+w'98+y'q /51 @,a*x, c 3oo Slope Actual /2,5%.u* Avalanche l{etlands Flood Plain Slope wopp /LotA) &l 4ile fte#./p6 Geologlc Hazards Comnents: Zonlng: Date: Approved/Dl tapproYed W Gordon R Pierce. Architect ' A.l.A RBQUEST FOR VARIANCE Lot 20' Block 7' Vail Village First Filing l{e are requesting a variance from the Town of Vail Zoning Code, Title 18, Regulati.on No. 18,13.060, regarding the nrinimum front setback for sites rdithin pr imary/ secondary residential districts. We request to be allowed to construct a garage ldithin the 20 foot minimum front setback. The proposed garage is a detached building with similar design features to the existing house. This scheme has been reviewed by the Town of Vail Desigrr Review Board and pernission granted to proceed with a detached garage, The Board cited the zoning code (18,54.050-J,l) regarding site constraints that would contribute to an "aborationt' if the garage were to be required to be "attached" to the existing house, These site constraints j-nclude the existing structure and it's relationship to Forest Road, mature trees, and the steepness of the site. 0f the constraints cited, the large, mature pine directly north of the proposed garage is the major factor involved in the decision to locate the proposed garage in the front setback. This, combined with the steepness of the site, provides a very limited area to site the garage. Therefore, we require an encroachfient of approximately 16 feet into the front setback, The variance fron the required front setback would not impacc negatively any future developrnent as we are maintaining t-fie minimum 15' side setback that protects the 1ot to the east. Conversely, the granting of the variance would improve the existing parking situation. This is a scated goal of the community for this area of Town in particular. Although, the proposed solution may not solve the problem absofut-ely, it is che best possible alternative and it dranatically improves the parking situation that presently exists,In addition' precedence has been established in several locations up and dor.rn forest road for this type of parking solution. If the r€quest for a variance is granted' no negative impact on air, 1ight, distribution of population, transPortation, traffic facilities' util ities, or public saf ety r.rill occur. As a rnatter of fact ' snor.r removal will be greatly simplified due to heating of the driveway and possible traffic congestion and conflicts r,ri11 be reduced with collstruction of the proposed garage' Therefore' the granting of the variance will be a good trade-off for the community and the applicant a1ike. 1000 Sourh Frontage Il.oad West. Vail. ('olorado til657. -10-3 476-4433 []ost Ol'l'ice Box 2-llJ . Bcarcr Crcc k. Colorado tll620 . -103,949-6049 One'Iabor Ccntcr . 1200 Se\.entccnrh Street. Suitc 515 . Denver. Colorado 80202 . 3031623-3355 Rocdd6d at o'clock :' R?ctptim l,l,o. TIIIS DEED' Mrde this 2nd bctuEcn PETER F. TUT'o, MARA R. BOSSOW county of Eagle whosc lcgal ad&ess is of thc SPECIALWARRANTY DEEI) day of FebruarY , ts90 GARY R. BOSSOW AND ofthe * , Statc of Colorado, gnnto(s), ard PETER F. TUFO 164 East 72nd Street New York, NY L0021 New York County of , Stac of Edtrr&, granEe(s): ,,/ i('WTINESSETH, That th€ granto(s), for and in consideration of th€ sum of TEN DOLLARS AND GOOD AND OTHER VAI,UABLE CONSIDEMTION DOLLARS, the rcceipt and sufficiency of which is bercby acknollcdged, ha 9 6 granted, bargained, sold and conve]rd, and by thesc Prescnts do 8rant, bargain, scll, convey and confirm, unto the grdntee(s), his if any, situate, lying and being in the dcscribcd as follovs: hcirs and assigns forertr. all the real propcny, together with imprwements. County of Eagle . Stare of Colorado, OF LOT 20, BLOCK 7, VAIL VILLAGE, THE PLAT RECORDED FEBRUARY 1 , 445, COTNTY OF EAGLE, STATE OF r{ t:l PARCEL A, A RESUBDIVISION FIRST FILING ACCORDING TO 1990 rN BOOK 522 Ar PAGE COLORADO. CONSIDERATION LESS THAN S5OO.OO 4I9EA6 8-583 F,-10A @E/13/ga og:oL F,6 1 DF S JOHNNETTE F,HILLItrS EAELE COUNTY CLERK. COLORADO REC 1tA. OA DBC E. AEI also knqwn by strcet and number as: TOGETHER wirh all and singular the hereditamenrs and appwlenanc€s therEto belonging, or in anywise appenaining. and the rwersion and rwersions, remainder and rcmainders, renrs, issucs and profits thereof: and all lhe estare. ri8ht, title. interest, claim and demand whatsoever of the granto(s). either in law or equity, of, in and ro the above bargained prcmises. with thc hercditaments and appunenances: TO HAVE AND TO HOLD the said premises above bargaincd and described with the appunenances, unto the Snntce(s) his heirs and assigns forcver, The grantor(s). for Ehemsel veq Ehgif heirs and personal rcpresentatives or successors. do covenant and agree that the y shall and will WARRANT AND FOREVER DEFEND rhe above-bargained premises in the quiet and p€aceable possession of the grantee(s). heirs and assigns, against all and every person or persons claiming rhe whole or any pan ther€of. by. through or under the grantor(s). IN WITNESS WHEREOR the granto(s) ha ve executed this deed on ,l Stal: Docr.rmentary Fec s ta 2{."-+J.4.' STATE OF OIAR @q New York County of ,L,r,t" V f i_ Thc forrgoin8 insrrumenl q/as acknor,l€dged bcforc mc rhis by Peter F. Tufo. i" 2nd day ol FebruarY .Ie90 Witncss my band and official seal. CHRIST )..tt Notary *lf in Dcnvcr, ins.i'tny and." No. 16.R:r.3t5. spEcrAL wARRArtrTy DEED Bndford PubhshinS. 1743 Watcc St.. D.nvcr, CO 80202 - (303) 292-2500 - ?'t9 v4++5+ x 3l z E ,t o E ut o z U) Y o F 1 si F F z Fl t! tat rt q, I o F F I d I € 4 6' ? 3 ; PLEASE RETURN TO: Peter F. Tufo 154 East 72nd Street New York, NY 10021 .t ATc F STATE OF COIPRADO COUNTY OF EAGLE ss. The foregoing was acknowledged before February, L990 by cary R. Bossow and Mara Witness ny hand and official seal . 41.1,/me this I - day of R. Bossow. 419e6,6 F-543 F,-1AA b?/L3/9A O9:O1 l-tLL 2L, /?g,t- . F.GTOFE My corunission expit"" on\ r\--. ' ;., ,.i, -, .'i-PggL\t -3.-?. ,r ..,,.'- c,''F or ct" FI c{ TOWN OF VAIL 75 S. FRONTAGE ROAD vArL, co 81,657 970-479-21,38 Ltl Lo, 6\k-- "l Vr./ I rf DEPARTTVIENT OF COMMIJNI TY DEVELOPMEI{:T NOTE: THIS PERMIT MUST BE POSTED ON .]OBSITE AT ALL TIMES ADD/ALT SFR BUILD PERMIT .lob Address: 285 FoREST RD Location...: 285 FOREST RD Parcel No. . : 2L01--07L-t3-040 Proiect No. : PRJ98-0262 Permit. #: E}98-0333 SEatus...: ISSITED Applied. . : 1,0 /29 /1998 Issued. . . : lo/29/1,998 E>cpires-. : 04/27 /a999 APPLICANT CONTRACTOR OWNER Valuation:165, 000 Fireplace Inforulat.ion: RestricEed: Y InveebigaEion >.00 PEAK BUILDERS, LLC 285 BRTDGE ST, VAIL CO, PEAK BUILDERS, tLC 285 BRTDGE ST, VAIL CO, WATERHOUSE STEVE Phonez 970-476-L987 ASSOCTATES 81657 Phone t 970-476-L987 & ASSOCTATES 81657 RON BYRNE RON BYRNE Descrj-pE.ion: INTERIOR REMODEI., (NO EXTERIOR CHANGES) Occupancy: R3 Tlpe ConsLruction: v N T)pe V Non-Rated Add Sq FE: #of cas Appliances: ResEuarant Plan Review- - >Building----->1,000.00 .00 Plan Check- - - > 6so.oo DRB Fee-------- 200.00 Recrcatsion Fec----------> .oo will call----> 3.oo Clean-Up Depo6it- -- --- -- >500. o0 TOV/Comm. Dev. Single FamiLy ResidenceElppfovgd LC amount date *Of GaB LogB: FEE SUMMARY TOTAL FEES----- 2,353.00 BALA-}|CE DUE---- .00 See page 2 of this Document for any condiLions thaE may apply to this permit. DECI,ARATIONS I hereby aclclovledge tha.- I have read Ehis application, filled ouE in fu1I tshE in:ormation required, coEPLeEed p1an, and sCat.e that all the infomaEion provided as requirea is colrect. I agr€e to conPly ]'l:h t.he inf to conrpty sith aLl Town ordinances and stsate Laws, and Eo build this sEructsule codee, design review aPproved, Unifol]n Building code and ocher ordinance€ of the REQUESTS FOR INSPECTIONS SHALL SE MADE TllEl':TY - FoUR HoURS rN Alr-Al'lCE BY TELE Clean-up Deposit Refund ToEal Calculated Feea- -- > 2,353.00 AddiEional Fcee---------> .oo ToEal Pcrmit Fe€--------> 2,353.0c PaymentB-------- an accurace p1o: ion and ploE pIa: ar1d subdiwi sion Lherelo. *of wood/Pa}1er: Send C1ea.n-Up DePosit To: PEAK BLDRS cabl CONTR.hCTOR FOR AND OWN!2 I IH cz OD 'o o- o2 o9 to OU It A }f lit e o o o o C' o o r!| d;JB fi8 Hr.H AO 2e l{ c g E h ii !l o E q|&E A rl H D q_ vii 40 qo E oo dF !ra 6 o o o C' <;o o E o E D E U a o E li c TJ E H { aq ': AH EZ E9 Eat a ET Er l.l a3 ES 5- 2 bF 62 4C A3 o o E HFI HZ d|D 88 qa o E H a o ? E E E o' H 8 H H t{EE (o zp 'E o 9E E gn E U- li !0 B E 2 9 E o A E d E E E t{ o )c r.l E - !q5 aa ao-HOH EEIl Page 2 ****************:t************************:*************************************** . CONDITIONS Permit #: 898-0333 as of Lo/29/98 Status---: rssuED ******************************************************************************** PermiE Tlpe: ADD/ALT SFR BUrLD PERMTT Applied--: l0/29/L998 Applicant--: PEAK BUILDERS, LLC Issued---: L0/29/1-998 970-476-L987 To Expire: 04/27/1-999 ' Job Address: 285 FOREST RD Location---t 285 FOREST RD Parcel No--: 2LOL-O7L-13-040 ' Description: INTERIOR REMODEL (NO EXTERIOR CHANGES) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COndiEiOng * * * * * * lr * * * * * * * * * * * * * * * * * * * * * * * 1. FIELD INSPECT]ONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. 2. SMOKE DETECTORS ARE REQUIRED IN AI,.L BEDROOMS AND EVERY STORY AS PER SEC.r-21-0 0F THE 1991 I'BC. 3. OTHER PERMITS MAY BE REQ'D rrttr.ratifra*i Towlt oP vArtJ, c9t oR-ADo o ScrcconE rttr*rrt rtrrirrrrirr rittti*rrirr tt r sEacGunc NuDba!: REc-o{7o .}!ounE.: PayD€nc Ucctrod: CK NoE-El,on. 357 2,353. O0 LO/29/9e L7 t2L Init,: LC 2,353.0O 2.353.00 Balancc: . O0 t****r+* rtt t rrttttt tttt*ti*rttttr r*ttttt*ttf t Pl![lr No: B9A-0333 Tl,P.: I-BUII,D AID,/N.T sFR BUILD PB Prrccl No: 21Ol -071-13- 010 glt€ lddres.: 235 PORBST RD LocrEion ! 28s FORBST RD Tolal Para r TtrL6 P.)rocnE 2,353 - 0O ToEal llIL Pdt. ! Account Code Dcrcriptlon BP OOIOOOO31IIIOO BUILDIIIO PBRIIII FEBg DR OO1OOOO31122OO DESIGN REVIEW FEES PF OO1O00O3I1230O Plrltl CIIECK FEE9 trount 1,000.o0 200.00 650.O0 5oo. oo -3.00 AD D2-DEPOS CIIET.IIUP DEPOSIT!' t{c 00100003112800 lfl&!, clLL rxgPEcuoN PEE "t*n^- i o^ r I'aal a .^,,T \/trrrLd!-L - -" -'y $*';'f::;";:OiTffi ", vArL coNsr*u"rroo! T- t-TWl ""*ilI'l:L"l,"i1g "o* PFpNTT /, OR T PTED roN ,t **********' ical [ ]-Mechani-ca1 [ ]_Other Job Narne:Job Addre=st ZBS I-.,ega1 Descripti on: fot_fuL B:-oc.k_f_ riring / suBprvrsroN, owners Nane:SEJIE;Address: Address: Ph. Ph. General Description: work crass:- [ ]-New [ ]-Alteration I l-Additionar [ ]-Repair [ ]-other Num-ber of Dwelling Units: ef r,rr-uiLANJ.LjA!: dst * *:rr * * * * * * * * * * * * * * * * * r* * * * * rr * coNTRACToR INFORMATTON ' Eeneral contractof, fu<. R^i,'Xs1a i i \,-1 Nlrrnber and Tvoe of Fireplaces: Gas AppJ-iances v ----r--'-e-r' ff * * tr * * * * * * * * * I * * * : * * * * * * * * * * * * * * rr * VALUATT.NS BUTLDTNG: $Q O O.oc ETECTRTCAL: $PLUMBfNG: g MECHANTcAL: $- Address: Z a<- Electrical Contractor: Address: Plunbing Contractor: Address: Mechanical_ Contractor: Address: Num.ber of Accommodation Units: cas Logs_ Wood/pellet tr * **:t** ** ** !t rk*** * * tt* * *** * * * * rtrr *** OTHER: TOTAL: * ** * * * * rt* * * * ** ** * )t rt :* * * * * * * * PLUMBING PERMIT FEE: MECTANTCAL PERMIT FEE: ELECTRTCAL FEE: OTHER TYPE OF FE8: NPR FF'F'. 3;:l " "i"ffi I l, .?;i:i=+=e Town of Vail Req. NO.Phone Nunber: Town of VaiI Req. NO.Phone Number: Town of Vail Req. NO.Phone NurnJoer: OFFf CE USE ** * * )r * * rr * * * ** ** * * * * * * ** * * * * ** **BUTLDING PI,AN CHECK FEE:PI-,IIMBING PI,AN cHFcK FtrF. LIE cHANr cAL pi"AN- -;;il"'*"io o, RECR.EATTON FEE: CLXAN-UP DEPOSTT: TOTAL PERMTT FEES: r L/K BUILDTNG: STGNATURE: ZONTNG: STGNATURE: VALUATION CLE"{ UP llEP.oSTT REFUND To: TOWN OF VAIL 75 S. FRO}TTAGE ROAD vArL, co 8L657 9'to-479-2L38 DEPARTMENT OF COMMUNITY DEVELOPMEI{T NOTE: THIS PERMIT MUST BE POSTED ON ,]OBSITE AT ALL TIMES Permit #: E9B-0302 Job Address: Lccati-on. . . : Parcel- No. . : Project. No.: ELECTRICAL PERMIT 285 FOREST RD 285 FOREST RD 2L01-07L-L3 - 040 PP.J98-0262 Status. . Applied. Issued.. E>cpires. ISSUED tt/L6/a998 tL/16 /L998 os /1-5 / L999 APPLICA}IT CONTRAETOR OWNER LECTRIC I]MLIMITED 1-768 ALPINE DRIVE LECTRIC IJMLIMITED ]-758 ALPINE DRTVE WATERIIOUSE STEVE INC 1, VAIL INC 1, VAIL 8L5s7 8L6s7 co co Phone:. 970827-5980 Phone z 970821 -598O DescripEion: elecErical for remodel Valuation:5, 000 . 00 FEE SUMMARY DRB Fee .00 . oo 3 .00 TOTAL FEES-- -> 111.00 ITEM: OSOOO ELECTRICAL DEPARTMENT DEPI,: BUILDING DiViSJ-ON:.],L/L5/'J,998 CTARLIE ACEiON: APPR CIARLIE DAVIS r-bm;'o5eoo FrRE DEPARTMENT Dept: FrRE Division:Lr/L5/1998 CIIARIIE Action: APPR N/A CONDITION OF APPROVAL 1. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. Electrical--->Total Calculated Fees- - - > Add:tional Feee- --- ----- > Total PermiE Pee--- ----- > Pa)rflenEs------- BAf,b-llcE DUE---- InvesEigatsion > tti11 call----> 108 .00 111.00 .00 111.00 111.O0 .o0 DECLARATIONS I hereby acknoeledge tshaE I have tead !h:s application, filled ouc in ful1 bhe inforllaiion required, comPleted an accurate ploE plan, and state thaE al1 the informa:ion provided as required ie corrects, I agree to cornply with tshe informatiob and Ploc Pfa., to comply with alI Town ordinancee a]ld state Iavs, and Lo b'-ri]d this Etsructure accordi.ng to the Town's zoning and tubdivision codee, deeign revieh approved, Unifolm Building code and otsher ordinances of the Tolrn apPlicable thereto. REQUESTS FOR INSPECTIONS SiIALL BE MADE TWENTY-FOUR HOLTRS IN ADVANCE BY TETEPHONE AT {?9-2138 OR AT OLR OFFICE FROM e:00 AM 5:00 PM t *t ia 'rtttti trrt IO$|N OF VArr.. CTOTTORIDO SEacGEnt trrr'}rtrrJrtJrrr+rrtrtrttrr||tttltttrrrrtrrrttt+tt 111.00 1tl15l9e 15!03 IniE: Lc gtrtGEnts NuDbcr 3 REc-04?5 &ounts: Patnnent. ueEhod: cK NoErtion: 23e7 P€rhic No: E98-03o2 Typ€: B-EIrEc ELEcIRrcrl PBRi,IIT garcel No: 2t0L-0?1-13-OlO giEe AddT€.6: 285 FOREST RD Location 3 285 POREST RD Ihl. Pa)dcnE ToEal Fars: 111. O0 AoEeI llJ! Pr!t3: Bahnca: 111.00 111. O0 .00 tta rra,rrtrt**at+t t Account Codc 8P 00100003111t00 wc 00100003112800 D.acrlpEion BT,ECIRICAL PBRMIT FEES WIIJIJ eALL INSPECTION FEE ADOUnt 109.00 owners Name: b;f-{e.v \X".r.. - Address: Arc,ritect:Address: ceneral Ds scr j.ption:;ffi Num.ber of D,+el Liig Units:]{rrrnbs3 of Acconhodation Units: f Yn,". and Type of Fi?eplaces: Gas Appliances G:. r.nn- y.,.Y...... GasLogs-_I{oodlPellet_ fi*** * * * * * x )L ** ** * ** * * ** * x tl * * x * x * *** vALUATToNg * * x * J; *.x * * x x * * *,t;r* 1r! * * * * x* * * x x )r* x* *EUfLDING: $ PLLIMETNG: $ At dress : . Plumbing Contraccor: Address: Mecha: ricaL Contraccor.: Addre: s: ** ***t * x * * rt * x * * * x n * *,i n,t rt*xr<***x FOR BUILDTNG PNRMIT FEE: PLIIHB NG PERMIT FEEI HEJIIAI TCAL PERI,IIT FEE:ELICTI ICAL FEE: OT:{ER IYPE OF FEE: fiffitrisif: i--c-""o'--OTiIER: $ X [****'l*xx r x x * * * * * * * * * ,r x *,i * * x nn^$.nr |ener-r1 contr."ior, A*\ "#l.i'**:toR INFoRI'IATIoN x****x*********i.*)r***x***x* TOTAL: $ Address:T::: o.f va:I rles. lro . Sq o _6 Pnone Numbe,r: El ectrical Contractor: ;;31."$"hll,*1Li!i#. Town of Vail Reg. ltc.Pnone Nur,,ber: Town of Vail Reg. NO.Pnone l{urrber: . OFFICE USE ?t ,t * * :,r * x * * ,t * x * * x x * * * * * * ,i * * :R x * * * z BUILDING PLAN CHECK FEE:PLWBTNG PI,}JI CHECK FEE:HEC}IANTCAL PIAN CHECK FEE:RECF€ATION FEE: CI,EAN-UP DEPOSTT: TOTAL PERMTT FEES: BUTLDING: SfGNATIT-R_E: ZONTNG: SIGIiATcIR_E: VALUATIO}J GROUI IJFd){D TO: |l) lnwn nf rn^ . Ftr.|\f. OOtt, SUBJECT: eao and acknouledgecl by: to revievr--ordinance Nii. e in ful', please stop by the Tovrn of Xl; ;"iliili"g,";ili:.*:ll.::""iiii" I copy. --rf,";i you ror your 75 soulh lronlagc road vall. colorado 81657 (303) 479-21.38 or 4?9_2L39 l-a ]f, >^ect (i. e. o lllc e ol communlly dcvetopm cn I ALL CONTRACTORS CURRENTLYL REGISTERED }IITH THE TOIfN OF VAIL Toln{ oF VAIL puBLIc I{oRKS/co}n.ruNITy DE\rELOpi.tENT UARCH t6, LgII CONSTRUCTTO}{ PARKING & I,IATERTAL STOzu.GE R Y contractor, oi+ner) ill X-". \t- rc'Q f, 75 south fro nl B gc roa d vo ll, colo raCo 81657 (333) 479-2138 or tt79_2139 o lllco ol communlly developmerrt EUILD]NG PERTiIT ]SSUANCE TII-IE FMI,IE l:::{..1}.Tl^r_"-r11 r:.T19. by this cleparrnreni to expedite this.Pel'ml't.as. s.qon as pc,ssi b) e. -rlrvY ' uL L I:.i!. unders igned, understand the plan check phocedure and time Trame, Devei opment Department. ']rl Date l.lork 'Communi ty TO: FROM: DATE: RE: 'ALL CONTRACTORS TOV/N OF VAIL PUBLIC MAY 9, 1994 WHEN A ''PUBLIC WAY WOFKS PERMIT'' DEPARTIIENT IS REQUIRED Job Name: ?,Dale: (l-tc-- Please answer tha foltovring queslionnaiET6!arijing the need {or a "Public Way permit.: YES NO ls this a ne yr residence? ls demoliti,rn work being perlormed {hat requires the use of lhe right ol rvay, easements or public frope;ty?- ls rny'utility rvork needed? ls .he orivervay being repaved? ls different access needed lo site otl'er than existing drivevtay? ls ;rny clrainage wor'x being done aff,:cting the ritrht of waf, easemenls, or public property? ls a "Revor:able Right Of S/ay permit' requiled? A, ls ihe right of vray, public property to be used parking or lencing? easernents or {or slaging, I have read and answ,rred allthe above questions. Contraci 1'\ t'l -\ X / \ri 4) 5) -{ 6) B) B. lf no 1o 8A, is a parking, staging or {encing'plan required by Community : Development? ns, a "Public Way Permit" rnrrf be obiained. obtained al lhe Public Woi'x's office or at uestions please.call Charlie Davis, the Tor,rn Signatu Dale Jrrlr f{ame .3-l REF'T 13I tE/ 17,t()B TBHN OF VAIL, CDLORADO OB:O9 REI]UESTS FOR INSI'ECTION I^JORH SHEETS FORTL't/17/98 trREE 19 AREA: ED flctivity: B9B-Er3JJ Iu/17/9A Type: A-L{UILD Stat,rs: lSSUED Eonstr*: ASFR Adtjress: 385 FOREST Rl) l-ocat i on : EB5 FCIF{EST fii) F,iircel I EltDL-Zt7t-1j-ta4B Oce I tZttlOT Use I V N De sci- i trt i on : I NTER I OR REML'DEL ( Nil Apiprl icant: FEAK EUILDERST LLU ILWNET : I.,IATERHUUSiE- SIEVE COIitr.ACtOr: I..EftK T\UILDER$. LLD EXTFRIgR CI-{ANGES) Fhr.ine: Flisne: Phone: 9'/Qt-47t:"L987 cJTE\.-47'6- L9 ts7 Inspect ion Reqre st Request or: NEAL Iieq -l ime: tZtB:qt0 Items requested tu $AM7\A L\LDE-Mi sc. Infornetion..,. Ecrnnerrtsr WI LL be Inspected. .. []hone: DII]hII T LEAVI: i orr Comment E 9Ur4-5348 I^]I{AT TYF'E CALL-; Act Tire Exp , tnspect i on History..... I bem: DE5lO driveway grade t=inal Item: OBTAlA BLDG-'Foot i nqslSb ee I Item : ATAOETZT BL-DG-Far-rndat ion/rlteel Item: EB5E'A F'LAN-ILL Site trlan Itemi adasa BLDTJ-Fr-aming ILedr,,644+O * # Not 6n File * {- tt en{ |47,AAO BLDE-Insrrlat i on Item: AtLA6tA BLDG-Sheetnock Flai I Ibem: UAAAU * * Not tin File r+ .ir I h em : ilAA7B EILDG-ltli sc, Itenr frQ0g@ BLDG-Fina1 . Item: fi453'a BLDG-Tenp. C/tr Iten: rarzrS4El BLULi-Final tr,iO I t--o 75 soulh lronlage road vall, colorado 81652 (303) 479-21.38 or 479_2139 TO o lllc e ol comm unlly developmen t ALL CONTRACTORS CURRENTLYL REGISTERED WITH THE TOIfI.I OF VAIL TOI,N OF VAIL PUBLIC I.IORKS/COI,1I,TNITY DE\TELOPT,IENT ItARcH l-5, 1988 CONSTRUCTTON PARKING & }IATERIAL STORAGE FpnNf . DATE: QlltrTE r'r.n. cooperat j_on on thi + To-revievr Ordinancd VaiI Building Depart , please stop by the Town of n a copy- Thanlt you for your appricabre to cbnsrrucrion, rui"i.il;:;';;=.:;:i: i::j:Et= or any street or allev4r any'l.rliiitr,"= rn. the right_a_way.. 6 in fuIl to obtai R Y ead a to Project (i.e. contractor, owner) 75 i oulh rronlage road vall, colorado 81657 (303) 479-2138 or 479-2L39 olllco ol "o.runity devolopmerr t BUILDINC PERI.iIT ISSUANCE TII,IE FMI,IE d a'll multi_family permits wi.ll maxjmum requi remLnts . Residentja.l esser amount of tjme. However, if pact the various above mentioned ry review,.these proj ec ts may perrn i.'t I , Lt.ttr frame. a ttcmp t vri 1 1 .as s.Qon as undersigned, [l nrrro J"-! e by this deparl-nrent to exped j te this e. the plan check procedure and tjme be possi Communi ty Deve'l opment Department. TO: FFIOM: DATE: ALL CONTRACTORS TOWN OF VAIL PUBLIC MAY 9, 1994 WHEN A ''PUBLIC WAY WORKS PERMII' DEPARTMENT IS REQUIRED Job Name: 6) B) A. ls the right of public property to be oa rkino or f e nr-.inn?r- " .'J way, easements or used for staging, need for a 'Public Way permit.: YES Date Dale: ?*l z_- 1 t3 Please answer the following questionnaire regarding lhe Is this a nei^r residence?1) z.) 4) 5) ls demolition work being performed lhat requires the use of lhe right of way, easemenls or public property? ls any utility work needed? ls the driveway being repaved? ls different access needed to site other than exisling ddveway? ls any drainage work being done affecting the right of way, easemenls, or public properly? 7) ls a "Flevocable Right Of Way permit" required? B, lf no to 8A, is a parking, slaging or {encing plan required by Community Development? lI you anslered yes to any of these questions, a 'Public Way permit. must be obiained."Public Way Permit" applications may be obtained at the Public Wo/x's olfice or at Community Developmenl. If you have any questicns please call Charlie Davis, the Town of Vail Conslruction lnspector, al479-2158. I have read and answered all the abov W#i=e-r]*''lSE Sig nature I Job Name Contradlor's t,- F. @ crt @ a o r- X l! (r|I d @ 1 o F (f,o o @ tl'V .J trl J (L lrl'z F'z n ='r I 'T rt ro r\ o v tr o J =:c tr I o z lrl m $t *7 J9 iJ $;x0 $$ ._q \ q $ $ a) h I l N Y e $ -s s I I J l. $ I ]. I T I I t v 'i N J $ 'o s \C\- r-- \\ \\ a{. \l\_ \A'' \A '{._ \) rr : @ 1 t X ll- (r) : C' @ 1 o' F (', (r) : @ o o t-,i Y q .J IY ul J L Li z E z f,n o =I I :tr lo lr)N o Y o =J J Y E I u z IJ o $ E dl {r]irl r$l \l{{'u t1 -u"t T$pd 5s m r-]EI r--l $ r..(o at 1 o) F.x (r) (o ; 1 o r\. (r) (r) @ o ut v -t tv UJ J n lri z LJ t z -1 lo o =I =to n fr o Y E J J =!<E 't- U z UJ o TT I ir :J< |)lz s s q ,i|'S rE Jd -{$itr ul '= )T ta c0 itl rt iEi t- ul il s -1 :I T T >4 I R ,d I I J t --$ I ++iz. $t $$ ils $: c) r-\/nJ\ ;flg i \$$; , =__\-E-\N'N'I \ ;I s N E ffit .T-_ =l o ti .n ll \tl tr ll o ll -.---Jl ml E] .-.) o N X L. ; .:l \ F F f -l 0 ll J - ll !a ll iN ll lo ll :J M N {lI-*rl $ d t N rt 1 tr t s B .> 1 cs r.r0 R:\ai c@ ;f;; =?lc r'.;gr $F E {R :di H El o; >F f. {s I- s I Nq E$-r \$t N- d it b 7 Slo 3-$dq ,F t-{.> lFsJ r(_rl- fl o1 1F i* g; F.(o at @ a o) F x t! (r) r0 o n 't (-lt i(o d: \cd i@ '>l ltl o r.! fi IRN Fr )r- x J}+ it' tL HI c.,u+(o -. >r J\- a @ @ t o; ' f.. (ft an 5 @ r'\ o bi Y q .J tv lrl J (L bi z o t z f n \J ; =-r I I to tt) It- (n Y tr o =J J =Y av T o z UJ o d , $ $ N {N P N -.:_ I 5 $ -t d cr p 5 s o j {3 $ F q J ^{ t nI$t $$g ) \ $$" il ld-{ {{ri $i &s o J 4 3 .J\F'F i(o r TF ".A;@ J1 !r 3 i$ r- r.r N X \IF !t r- l!dN rn IP (o $r(h\$ !7 P tq I F (f) (r, o c0 o o ui Y J tr u,l (L d z o t z f, to 9 =x o =r | /'\ to r\. o Y tr,o =J J >'v E, I U z Lrl m r|.l o i dt ). F -<r (o <R :cY :uJr (D *r- @ drI n ,1 5 o,>r{U- r'. -Er (r)I : @ a o f\' (Y) (a o @'o o l'i Y { -l IY trl =J /r Lri z ^t z -l n 9 =I () T n n t. .A u,v tr o =J J Y .(\ E'.&-s a?iI z u{{x -U 'nS z It *r uJ m rl N \v \ J 4 7 0 3 4 t I : co @ 1 o r\x h (Y)(o crt @ 1 o t (rl (r) o c0 o o lri v J. E bJ J (L t!'z o E z ro 9 =I (9 T n |n r- o Y tr o =J J =v E E I u z UJ o $ F s +tri $[6 gF 7J Soutb Frontoge Rood Vail, Colorado 81657 t 0) -47 9 -21 t I / 47 9 -2 1 t9 Department of Commanity D euelopment Juty 27, 1992 Mr. Peter Tufo 164 East 77th Street New York, NY 10021 RE: Tufo Residence Lot 20, Block 7, Vail Village 1st Filing 285 Forest Road Dear Mr. Tufo: The Building Department has inspected the Tuto residence and has found that the project is in compliance with the approved building permit plans dated April 4, 1989 with the changes allowing for the lower level laundry room to be converted to a bathroom. We will release the Final Certificate of Occupancy for you. We would like to commend Beck and Associates for their work on this project. We appreciate their cooperation on the remodel. Thank you for assisting the Town in rectifying this zoning issue. Sincerely, ^ .r, t ll I 1(ti*qnYrst Kristan Pritz Community Development Director Ron Phillips Larry Eskwith Gary Murrain Andy Beck Vrd cc: MEMORANDUM TO: FROM: DATE: SUBJECT: Tufo File Gary Murrain February 5, 1992 Meeting with Jeff Cohen On February 5, 1992, at approximately 10:00AM, I had a meeting with Jeff Cohen, owner ol Cohen Construction, regarding the Tufo Residence. Also present at the meeting was Dan Stanek. At the beginning of the meeting, I informed Jeff Cohen that nothing he said during this meeting regarding the construction of the Tufo Residence would place his Town of Vail contractor's registration in jeopardy. Jeff Cohen stated that was his primary concern, and did not want to lose the privilege of working within the city limits of Vail, for that is his livelihood. I asked Jetf if he recalled the construction which occurred at the Tufo Residence for which his company pulled the permit. Mr. Cohen replied he remembered the project very well. I then discussed certain areas of the house which the Town ol Vail believes to have been -. ithout approval. Those areas includel three bedrooms, all on different levels, a sauna ,r rr'-"' ')''lvX le4<1"''t /' r' 'ti' ( roomiand a loft. Jeff stated that the expansion of the bedrooms was done after the final inspection was performed by the Town of Vail, and was done by order of Mr. Tufo. Cohen Construction comoleted the work. Jetf indicated the sauna area was otf by installing long screws through the door assembly into the jam, securing the door from access from the residence into the sauna area. I asked Jeff about the loft. At that point, Jeff appeared to be puzzled by the questions regarding the loft. I asked him if the approved set of plans from our office might jog his memory. He said that would be helpful. Dan Stanek brought the plans from the archives in our office. After a short review of the plans, Jetf stated, 'Oh, the loft. I know what you are talking about now.' He then stated the loft had been removed. He remembered placing railing over the doorway where the loft used to be. He also remembered that, at that time, the whole living room looked better without the loft in place. I asked him again if it was correct that the bedroom expansions and the loft were not it present during either the Temporary Certificate of Occupancy or Final Certificate of O ll4ormeO by the Town of Vail. He said that was correct, that th inspections occurred. Jeff elaborated about why his company performed the work after the Certificate of Occupancy was issued and the final inspection. He stated Mr. Tufo owed him approximately $50,000 of back payments, and refused t l"J.:.Ur. Cohen performed the additional work and , *'o ' \-it"t('-r ! T.) keep his mouth shut about [. progress payment was extremely over-due, and $50,000, to him, would make or break his company. He indicated that, looking back at the situation, it had been a big mistake to ever get involved with the project. Jeff also said that, even after he performed the additional illegal work for Mr. Tufo, he still had to take Mr. Peter bu"i Tufo to an arbitration to get his money. Mr. Tufo lost on every count. Jetf eventually got payment in full, but there was still a loss of protit and overhead in the amount of approximately $1 8,000-20,000 for the proiect. Jeff said it was worth the loss just to get out from under Mr. Tufo's thumb. I asked Jeff about the wall which was built in the storage area under the deck. Jeff did not believe it was done by his company. He knew that area was to remain open. He believed that Highland Construction performed some work in the residence after his company had completely pulled off the job. He believes Highland Construction installed the wall under the deck, removed the skylight under the dormer, and put the floor in the dormer. I informed Mr. Cohen that, although we were not going to pursue action against his company for performing the work at the Tufo Residence after the final inspections, and even though this was the first time the Town of Vail has had a problem with Cohen Construction following procedures and policies, if this were a standard procedure for his company, the Town ol Vail would have no choice but to take action against him. Jeff Cohen believed he had very little choice because he felt as if Mr. Tufo had a proverbial gun to his head, and agreed to do the work only to complete his obligation to Mr. Tufo, collect his money, and sever their relationship. Jeff declared he would never do anything like this again; it just wasn't worth it. I changed the subject to ask if Mr. Cohen would have any problems repeating the statements he had made to me in a court of law. Jeff replied, "Absolutely not." I explained there was a chance of litigation or a lawsuit in this matter, and if that happened, he would most definitely be subpoenaed as a witness. He stated, "That doesn't surprise me." He said he had already contacled his attorney in the matter. I advised him he should probably start getting his books together and prepare his documentation. He stated he had already done that. Jeff informed me he had received two calls on the issue on Monday (February 3, 1992) regarding the issue. The first was from Mr. Tufo, and he never returned that call. The second was from Jay Peterson, a local attorney. He did make contacl with Mr. Peterson. Jeff related that Jay asked him if the work was done before or after the Certilicate of Occupancy. Jeff said he told Jay the work was done after the final inspection. I thanked Jeff for sharing all this information with the Town of Vail, as this was a very important issue; we were glad he came fonrard with lhis information. For the record, I purposely left out some of the comments Jeff Cohen made about Mr. Tufo, as I did not feel they were necessary for this documentation memo. 4 f.T TO: FROM: DATE: SUBJECT: MEMORANDUM PRIVILEGED AND CONFIDENTIAL Town Council Larry Eshrith, Town Attomey February 4, 1992 Tufo Residence, Lot 20, Block 7, Vail Village First Filing On January 2, 1992, a review of the secondary side of fre Tufo primary/secondary residence on the above lot was conducted. This review was a result of information received from Beck and Associates which indicated that there may have been construction of GRFA which was not indicated on the approved building permit plans dated June 16. 1989. Cunently, lhere is a building permit for the residence to repair water damage which occurred this fall. Beck & Associates have agreed not lo do any repair work in the areas in question. The following details the GRFA calculations: TotalAllowed GRFA: 4436 s.f. PRIMARY Allowed Per Building Permit (6/16/89) Existing (1t2t92) 2,662 SECONDARY Allowed 1,774 + 250 2,024 2,024 2,661 Per Building Permil N/A Existing 2,582 Amount Over Allowed 558 A portion of the overage can be attributed to the following floor plan revisions which were constructed withoul approval : Additions: First Level GRFA Enclosed Porch 150.7 s.f. Bedroom Additions 74.3 s.t. Second Level Sauna not converted to wood storage as approved 46.6 s.f. Bedroom Addition 72.4 s.l. Third Level Bedroom Addition (Loft Included) 164.5 s.l. 508.5 s.l. Calculation difference 49.5 s.l. 558.0 s.l. A 49.5 sq. ft. overage would remain if allthe unapproved changes were rectified. This can be attributed to the dillerence between measuring GRFA by computer, as done by Betsy, and by hand, as done by Rick. After speaking with Rick Pylman, it is his recollection that the loft was to be removed and the sauna was to be converted to exterior storage. Neiher of lhese were completed. In addition, more GRFA was added lo the bedrooms and the porch was enclosed. The owner ol the property, Mr. Peter Tufo, has been contacted and is willing to conect a portion of the GRFA overage. This includes a portion of the loft (66 sq. ft.), the sauna (46.6 sq. ft.) and the enclosed porch (150.7 sq. ft.) for a total of 263.35 sq. ft. 294.7 sq. ft. above the allowable GRFA would remain if the GRFA were corrected per the owner's request. (This lncludes the 49.5 sq. ft.'calculation ditference.') The project has received both a Temporary Certificate ol Occupancy and a Final Certificate of Occupancy. The Town building inspectors who were involved with the project have b€en contacted. Both Dan Stanek and Joe Norris cannot clearly recollect if the spaces were removed at the time of Temporary Certiticate of Occupancy or Final Gertificate of Occupancy. However, both clearly recollect that the project was to be watched closely because of the GRFA, and they believe they would have noticed these changes from the approved building permit plans. After inspecting the project on January 14,1992 and January 30, 1992, the Building Division believes that the bedroom additions are suspect as the construction methods used are clearly unacceptable building praclices. \i7 '?ratq[1.tafnol \O $$ '-i .- ) ;-.,li \J J\. l--: -- lr .-.-: - > - tit-' .r{r 1- l! =!\ rJ sl ?.'.14 T.t1tl' c/,,lso4a>d i qr?Et{Ma !t--_ ,1 ... lr tl . \I \ ,t 1 ' ..\. i' I tl d.s n )i-c t?: \IJ -'t 5 n4 -r ,,1:t\,,\ w -( I il . il rl _ol r-.:z I i-11 ' .-r'r i rl Qz Ea -*$ ,Jp .l t-z o J E ll. z o o z .a -t t L f r I -\ ; tj{:II e,. 4 4.oc,2 lrl .s-s,: ,o F \) u J' :t I ? <o 9t& -:->i l- tL \dJ .h5 =.L \ \ I i:^ t5 r I i' ul 1 'l ti ri 'l --=:-rl r-_ ,'.r1 'r,\ - 1r Q=.-j -"".1 ,d$i $ig$r ;i IH:\il 'rr Sr '2. c4l\ - ,[;i' I { I tlJ I r.i l, t>. /I - <.:_-'_':;'.r_- -- . ;' / : .l" \l rll il ::Uu "i v1<2,- ;i)-=id -.ii- ]*r.f[" --!! \t:1ts ,l .J 9.;| ->l-./', r-SE r: -r :a Jr . \l (\--I \'-0 i ! -J rl 4t.t; I i \l-., I '--r ! ,6aj IF"A i:z{. ,'.:),9 \-' i Lrs{ ir :l ot r'tl ) - -_=: :::= -_:::.__:::: I ri'iti'iF, ,7;:::1' 'l r l/t !\nl lll l*tJr f "l !'!\"t \J .r, i,r, ot$ltQ { ll 'c Sli:l iiu I lli,l rlji Ss-t us=$f i] rs l'. r -:Q .ba li u,!rj I:t{i- st;ll - fi,.ir i ilii cdr ilad.afEilS,. i lr.lew il,"'t't' , lkl r l(rrar =.iWlF#& iBr e*$ I ?:*,vfle rr rrrri,-l--- , Qtr-Lr-t (.crartt(,, l'f,crUt?E ftrstTwL sLof e AwAy I fFot4sltu,;flftq. 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E<ttt'6.A0AL--r ' lv' t)-,(: t. t ,.fv\c, ill lpSf0Ol tlFr,/ '.'lT, a)'.16 BEA,'\ I ed lNeu TO: FROM: DATE: SUBJECT: MEMORANDUM CONFIDENTIAL Town Council Community Development Department February 4, 1992 Tufo Residence, Lot 20, Block 7, Vail Village First Filing On January 2, 1992, a review of the secondary side of the Tufo primaryisecondary residence on the above lot was conducted. This review was a result of information received from Beck and Associates which indicated that there had been construction of GRFA which was not indicated on the approved building permit plans dated June 16, 1989. The following details the GRFA calculations: GRFA check compleled by Rick Pylman, May 15, 1989 (using credit system) 4,436 - Allowable GRFA based on lot size ot 21 ,862 square feet (there is no survey on record) 2,662 - Allowed primary; 1,774 - Allowed secondary Q0%);250 approved for secondary unit = 2.024 2,661 - Proposed primary* (no 250 used); 1,774 - Secondary; + 250 = 2,024 GRFA check completed by Betsy Rosolack on January 2, 1991 (using credit system) Using new GRFA: Allowed 4,436 GRFA 2,662 Primary 1,774 Secondary (0/") g!!Q Approved 250 2,024 ^ Existino 2,582 Secondary 558 Overage A portion of the overage can be attributed to lhe following floor plan revisions which were constructed without approval: Additions: First Level Enclosed Porch 150.7 Bedroom Addition 74.3 Second Level Sauna not converted to wood storage as approved 46.6 Bedroom Addition 72-4 Third Level Bedroom Addition (Loft Included) 164.5 508.5 A 49.5 sq. ft. overage would remain if all the unapproved changes were rectified. This can be attributed to lhe difference between measuring GRFA by computer, as done by Belsy, and by hand, as done by Rick. After speaking with Rick Pylman, it is his recollection that the loft was to be removed and the sauna was to be converted to exterior storage. Neither of these were completed. In addition, more GRFA was added. The owner of the property has been contacted and is willing to correct a portion of the GRFA overage. This includes the loft (92.1 sq. ft.), the sauna (46.6 sq. ft.) and the enclosed porch (150.7 sq. ft.) for a total of 289.4 sq. ft. A 268.6 in GRFA would remain if all the spaces were corrected a 49.5 sq. ft. overage would remain. The project received both a Temporary Certificate of Occupancy and a Final Certificate of Occupancy with at least 138.7 sq. ft. of GBFA which was not approved. rrcr 20, BLOCK 6, \rAIL Vrtr,AGE 1ST FTLTNG TttFO L2/9L Lot size, 2I ,862 per Rick Pylman SECONDARY I'NIT GRFA allowed: 4436 for both units A. NEI{ GNTA CAICI'I.ATIONS Secondary allowed: 4436 x .40 = t'l'l4 425 250 Allowed: 2449 Existing Gross GRFA: Level 1: 1151 LCVEL Ii LL I I Level- J: 6Z t Total 2955 2955 Existing - 2449 Allowed 505 Over .' ,tr 8.. OLD IErSOD Secondary allornredz 4436 x .40 = t774 Plynan showed used 250 ord 250 Total allowed for secondary 2024 Existing: 2955 gross Credits: 373 Existing 2582 with credits Allowed 2024 OVER 558 1-rodil- e rri rzan. | \ .,t 1- r ro7\ ttlrac 73 .5 stairs 9.2 void 25.0 airlock 200,0 storage 50.0 mech JiJ.U EOEAT Addi-tions:1st level: Enclosed porch 150 .7 Add to bedroom 74.3 zno reve-L: ql- ^raara nh = nnaA ' to sauna 46.5 Additi-on to bedrm 72.4 ?rd Iorza]' Add to bedroom 164.5 Total Additions 508.5 ,a:'' l C PERMIT NUMBE OF PROJECT Z-rot *o* INSPECTION: INSPECTION TOWN OF REQUEST VAIL DATE READY FOR LOCATION: CALLER T WED BUILDING: tr FOOTINGS / STEEL PLUMBING: D UNDEFGROUND tr ROUGH / D.\v. tr ROUGH / WATER tr FOUNDATION / STEEL O FRAMING - ROOF & SHEER " PLYWOoD NAILING - tr GAS PIPING tr INSULATION O POOL i H, TUB tr SHEffiROCK NAIL O FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH tr EXHAUST HOODS CONDUIT O SUPPLY AIR tr FINAL O APPROVED tr DISAPPROVED tr REINSPECTION REQUIBED CORRECTIONS: dd '-e'/ 7v *b -??-INSPECTOR 54,t I )I SPE IN CTION TOWN OF ndduesr VAIL .l PERMIT NUM EH OF, PHOJECT 0 I 'i ?---- JoB NAME /(DATE READY FOR INSPECTION: CALLER TUES WED THUR FRI Y4 )'+i+.-. i, i I jPl'r' ' t. a"(.: ,LOCATION: BUILDING:PLUMEING: tr tr tr tr tr tr o E] FOOTINGS / STEEL trJ /_\_ NDERGROUND FOUNDATION / STEEL tr ROUGH / D.W.V. tr ROUGH / WATER FRAMING ROOF & SHEER PLYWOOD NAILING O GAS PIPING INSULATION SHEETROCK tr POOL / H. TUB NAIL tr FINAL tr tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr tr tr ROUGH D tr D EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL D FINAL tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: INSPECTOR nffisxop DATE PERMIT NUM9ER OF, PROJECT NAME READY FOR LOCATION: INSPECTION: ' MON - TUES WED THUR FRI APPROVED '..E DISAPPROVED INSPECTION TOWN OF VAIL -a REOUEST AM PM O REINSPECTION REQUIRED CORRECTIONS: CALLER BUILDING: O FOOTINGS i STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W,V. D ROUGH / WATER tr FOUNDATION / STEEL O FRAMING tr tr ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION D POOL / H. TUB tr SHEETROCK NAIL D D O FINAL E FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING {roro*o tr o EXHAUST HOODS O CONDUIT SUPPLY AIR tr FINAL tr FINAL ), i -t -;'lj )DATE ,. Z** , INSPECTOR INSPECTION REQUEST I PERMIT NUMBER OF PROJECT TOWN OF VAIL r-. - '\ - . i DATE .. ..- \- . JOB t\at. NAME READY FOR LOCATION: TNSPEC,ITON: \ WED THUR FR '. \ i --:.i'r. .. ; {l\{ 'pM'IVON CALLER T,UES BUILDING: tr FOOTINGS / STEEL PL o F ..: t+ tr tr tr tr tr UMBING: tr FOUNDATION i STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATER D FRAMING rr ROOF & SHEER " PLYWOOD NAILING GAS PIPING D INSULATION D SHEETROCK POOL i H. TUB NAIL D tr FINAL FINAL ELECTRICAL: D TEMP. POWER MECHANICAL: tr HEATING o o tr ROUGH tr tr tr EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL tr FINAL Pffioveo D DISAPPROVED tr REINSPECTION REOUIRED CORRECTIONS: LIAIE INSPECTOR 5a+t t ttib L-15 PERMIT NUMBER OF PROJECT INSPECTION , r' TOWN OF .a REOUEST VAIL '/ I tllq z- JoB NAME DATE FIEADY FOR LOCATION: INSPECTION:MON BU ol trl rxl /'t trl trl Eli tr ILDING:PL tr o o tr tr tr tr UMBING: FOOTINGS / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATER FOUNDATION / STEEL FRAMING ROOF & SHEER GAS PIPING PLYWOOD NAILING INSULATION POOL / H. TUB SHEETROCK NAIL tr FINAL U FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH o tr u EXHAUST HOODS tr CONDUIT SUPPLY AIR tr FlNA,'l-O FINAL ry ED tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: INSPECTOR niFs€P \J)l PERMIT NUMBER OF PROJECT DATE U . ..)- t) JoB NAME INSPECTION TOWN OF VAIL Reduesr MON CALLER TUES,\---/READY FOR LOCATION: INSPECTION: 1i.. , BUILOING: O FOOTINGS / STEEL PL tr tr tr tr tr tr tr UMBING: tr FOUNDATION i STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATER tr FRAMING tr tr ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL i H. TUB d SHEETROCK NAIL o O FINAL tr FINAL ELECTRICAL: D TEMP. POWER MECHANICAL: tr tr tr o HEATING tr o tr ROUGH EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL tr FINAL 1lttrel OVED tr DISAPPROVED tr REINSPECTION REOUIRED CORRECTIONS: INSPECTOR ..- -- 'f PERMIT NUMBER OF PROJECT 1'\.\.t., _.\-\DATE ...! - ^- \, ,". JOB NAME INSPECTION TOWN OF VAIL neciuEsr' READY FOR LOCATION: NSe[c]rQN: r '". \, ,. MON TUES WED fiDR CALLER BUILDING: tr FOOTINGS E FOUNDATI tr FRAMING / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D,W.V. tr ROUGH / WATER ON i STEEL _ ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB D SHEETROCK NAIL o tr o tr FINAL ELECTRIGAL: tr TEMP. POWER MECHANICAL: O HEATING O ROUGH O EXHAUST HOODS tr coNDUr./O SUPPLY AIR o B tr FINAL lqeenoveo D DISAPPROVED tr RETNSPFEilON FEOU I qED.-'- . ..,.\ .. INSPECTOR DATE I 't INSPECTION TOWN OF .'f / .-l J \' u.' --' nEciuesr VAIL DATE READY FOR LOCATION: INSPECTION:-.MON CALLER TUES .-weo-..' ( AM fY FRI 1/ THUR BUILDING: O FOOTINGS / STEEL PLUMBING: O UNDERGROUND O ROUGH i D.W.V, tr ROUGH / WATER tr FOUNDATION / STEEL D FRAMING rr ROOF & SHEER " PLYWOOD NAILING D GAS PIPING tr INSULATION D POOL / H. TUB tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR O FINAL APPROVED tr DISAPPROVED tr REINSPECTION REOUIRED CORRECTIONS:;r,.'] ir' !,, ,' ! DATE INSPECTOR PERMIT NUMB DATE READY FOR LOCATION: OF OJECT e-JoB NAME CALLER -,-1- INSPECTION:MON TUES I f/,1 ED THUR FRI a BUILDING: tr FOOTINGS / STEEL PLUMBING: O UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER O FRAMING Ir ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr SHEETROCK tr POOL / H. TUB FINAL eLe ul DF trC o MECHANICAL: TEMP. POWER tr HEATING D EXHAUST HOODS CONDUIT D SUPPLY AIR tr FINAL tr FINAL APPROVED CORBECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR d^--:- Tou ct;o O* rNsPEcrroN's coMPLETED (| The itens belos oeed to be complete before glvlng a pernLt a final C of 0. Please check off ln the box provided. FINAI. PLI'MBING tI DATE:tl FINAI, HECIIANICAL DATE: IHPROVE}IENT SI'RVEY RESID. NAUE: DATE: FrNAL ELEcTRTcAL a- 7- ?"- DATE: FINAI. BUILDING / .7_ZC EAST SIDE: T{EST SIDE: DATE: TEUPORARY C OF O DATE: CERTIFICATE OF OCCUPANCY DArE: 7', -2'Z--' I.AI.IDSCA?ING DUE I I DATE: \sS\ oo FII.E oo COPY 75 south lronlage toacl Yail. colorado 81657 (3(xl) 4792138 (303) 47$2139 otfice of community development February 19, 1992 VIA CERTIFIED MAIL Mr. Peter Tufo '164 E. 72nd Street New York, NY 10021 Re: Tufo Resldence, 285 Forest Road, Lot 20, Block 7, Vail Village First Fillng Dear Peter: Friday, February 14, 1992, I talked with Andy Beck about the letter lsent to you, which was dated February 13, 1992. Andy mentioned to me that you were wondering if the Town would require the sauna area to be brought into compliance with the approved building permit plan. In order to avoid any confusion on this issue, you will need to bring the sauna into conformance with the approved building permit plan, submitted by Gordon R. Pierce, AlA, approved June 16, 1989, permit number 003934. This area is clearly indicated on the plans as being only accessible from an exterior door on the southwest corner of the building. lt has never been a point of contention in that I believe we all understood it was to be corrected according to the approved building permit plans. I hope this letter will clear up any misunderstanding. In addition, you will need to submit construction drawings for the laundry and small bathroom you are proposing, as indicated in my February 13, 1992 letter. In orderto avoid any possible misunderstanding, we will still ask for the letter of understanding from you as well as a meeting with Andy Beck to go over the construction project. I have revised my letter of February 13 to include the sauna, even though it is referenced in the building permit plans. Please see the enclosed letter. lo oo Mr. Peter Tufo February 19, 1992 Page 2 lf you have any further questions, please feel free to contact me at g1g/47g-Z1gg. Thank you for your attention to this matter. Sincerely, t) I n I v^:-L, ^ t) + N l\ tcll\ tfl !-f Kristan Pritz Community Development Director lab Enclosure cc: Larry Eskwith Gary Murrain tf ao otfice of communily development 75 south lrontage road vail. colorado 81657 (3Gr) 479-2138 1 2. e 4. t3o3) 47$.2139 February 19, {992 VIA CERTIFIED MAIL Mr. Peter Tufo 164 E. 72nd Street New York, NY 10021 Re; Tufo Residence, 285 Forest Road, Lot 20, Block 7, vail vlllage First Flling Dear Peter: My understanding is that you and Larry Eskwith discussed last week the Town's position on the red tag (stop work order) for your construction project at the above address. We have also received your letterdated February 11, 1992. According to the staff's calculations, your unit is curently 558 sq. ft. over the allowable GRFA, using the GRFA definition which wis in effect at the time the building permit was released. The Town's position is that you will need to bring the project into conformance with the approved building permit plans, submitted by Gordon R. pierce, AlA, approved June 16, 19g9,permit number 003934. The Gross Residential Floor Area definition in effect at the time of the issuance of the building permit will be used for reviewing your proposal. The Town will require that you complete the construction work to rectify the areas which were not buili according to the plan before work will be allowed in other parts of the structure. We will need construCtion drawings for the laundry and small bathroom you are proposing. Before any work begins, our department would like to have a letter of understanding from you outlining specifically what you agree to repair. We will also require that your contractor meet with our departm-ent to insure the communication is clear. These areas include: Remove the floors of the illegal bedroom areas. Reconstruct the dormer area per the original plans by adding the wall back in and completing framing and dry wall. Complete framing and dry wall for the three illegal bedroom spaces. Remove the illegal wall off of the deck area.5. Remove lhe entire loft area, including the beams.6. Drywall to seal off door openlng into existing sauna. Access to sauna from the interlor of the structure is removed. Access is only allowed through the door on the south elevailon of the structure. oa oo Mr. Peter Tuto February 19, 1992 Page 2 lf you wish to use the current Gross Residential Floor Area definition and revise your previously approved remodel plans, per permit number 003934, to meet the allowable GBFA, you will need to present the revised plans to the Community Development Department for review and approval before any construction would be authorized. ll you have any further questions about this issue, please feel free to contact Larry Eskwith or myself. lcan be reached at479-2138, and Larry's phone numberis4T9-2106. Thankyou for your attention to this matter. Sincerely, ,\ , fl 'YI- YA 'JVl\ Ur1 f'l t kf Kristan Pritz Community Development Director /ab cc:Larry Eskwith Andy Beck .a of oo { s''/,.-n\lr TOTN OF VAIL 75 south frontage road Ysil, colorado 81657 FAX PHONE TRANSMITTAL SHEET TO: COMPANY NAI4E: FAX PHONE NUMBER; FROM: DATE! # oF PAGES IN DOCUMENTS (NOT RESPONSE REQUIRED? /sENr BY! s4;4kt TOWN TOWN OF OF n'{:s INCLUDTNG COVBR SHEET) : -)EXr. # el Sl VAIL FAX PHONE NUMBER:(303) 479-21s7 VAIL REGULAR PHONE NUMBER:( 303 ) 479-2roo + Ff!-t otfice of cornmunity deYelopmenl COP Y t 75 touth hont ge road rdl, colorado E1657 (30:l) {7s2138 (3(B) 479.2139 February 13, 1992 VIA CERTIFIED MAIL Mr. Peter Tufo 164 E, 72nd Street New York, NY 10021 Re: Tufo Resldence, 285 Forest Road, Lot 20, Block 7, Vall Vlllage Flrst Flllng Dear Peter: My understanding is that you and Larry Eskwith discussed last week the Town's position on the red tag (stop work order) for your consiruction project at the above address. We have also received your letter_dated February 1 1, 1992. According to the staff's calculations, your unit is currently 558 sq. ft. over the allowable GRFA, using thb GRFA definition which wis in eftect at the time the building permit was released. The Town's position is that you will need to bring the project into conformance with the approved building permit plans, submitted by Gordon R. pierce, AlA, approved June 16, 1ggg,permit number 003934. The Gross Residential Floor Area definition in'effect at the time of the issuance ol the building permit will be used for reviewing your proposal. The Town will require that you complete the construction work to rectify the areas which were not built according to be allowed in other parts ol the structure. We will need construction and small bathroom you are proposing, Before any work begins, our have a letter of understanding from you ouflining specifically what you agree to repair. We will also require that your contractor meel with our departm-ent to insure lhe communication is clear. These areas include: Remove the floors of the illegal bedroom areas. Reconstruct the dormer area per the original plans by adding the wall back in and completing framing and dry wall. Complete framing and dry wall for the three illegal bedroom spaces. Remove the illegal wall otf of the deck area. Remove the entire loft area, including the beams. 1. 2. 3. 4. 5. t n Mr. Peter Tufo February 13, 1992 Page 2 lf you wish to use the current Gross Residential Floor Area definilion and revise your previously approved remodel plans, per permit number 003934, to meet the allowable GRFA, you will need to presenl the revised plans lo the Community Development Department for review and approval before any construction would be aulhorized. lf you have any lurther questions about this issue, please feel free to contact Larry Eskwith or myself. I can be reached al479-2138, and Larry's phone number is 479-2106. Thank you lor your attention to this matter, Sincerely, tirifu^|nt Krisian Pritz Community Development Director lab cc: Larry Eskwith Andy Beck ?o Prrrn T'ro dro rgB 1 41992 Or*r Rocrrrnrr-ra Pr.e,ze, Nnw Yonx, N.Y. rooeo February Il,1992 Town of Vail 75 S. Frontage Road West Vail, CO 8i557 Attention: Kristan Priz Planning Deparfrnent Dear Ms. Pritz: I have instructed Beck and Associates to proceed with the reconstruction of my house as per the plans dated April 4, 1989, which were submitted to the Town of Vail for a building permit. I understand that this letter is sufficient to cause the red tag to be removed. the above-mentioned construction to comfirence and the water damage repairs to continue. Incidental to this, I would like to convert the existing laundry space on the basement level to a small laundry and small bathroom. We would greatly appreciate a prompt reply regarding this matter. Sincerely, PT:bb cc: Andy Bcck, Beck & Associates Tom Frye, Pierce, Segerberg & Spaeh TO l.a BECK AND ASSOCIATES P.O. Box 4030 vAtL, COLORADO 81558 (303) 9f9-r8q' FAX 949-4335 WE ARE SENDTNG YOU ! Attached E Under separate cover LET'T'trl @F TRANSnfl ITTAL D Plans D Samples the tollowing items: E Specifications D Shop drawings fr.oror letter I Prints [1 Change order tr COPIES OATE NO.OESCRIPTION /H,r/ /rfrr4 aF /zaur frx z?aarat**rz C/anry fftR a,ro" frsfio^t ,$zre f,aqaesT frr aW .6r€ E"ro. ,z THESE AFE TRANSMITTED as checked below: n For approval X* your use E As requested E Approved as submitted D Approved as noted I Returned for corrections E Resubmit-copies for approval D Submit-copies for distribution n Refurn-corrected prints U For review and comment tr D FOR BIDS DUE 19 tr PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNED:COPY TO are not aa notecl, kinctly notity us el once I I I t'll''! | t'il Itlrl r I I I t':'E EY.t",t t4, I r+ t".t- ,l I \l rt\tEF, I | ' {z',4\ ,! 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IIEW GRI'A CALCT'IATIONS Secondary allowed: 4435 x .40 ) = 1774 425 zav 2449 Allowed: GRFA:Existing cross Level 1: 1151- Level- 2: 1]-77 Level 3: 527 Total 2955 2955 Existing - 2449 All-owed 506 Over \:2 Jr ' Or^41\ lo wo{lclo W )./3 $,\- irsfttUo.hou.- 5M to,\,t b"t, V(k' ti,,,rd il,N.A-f q0o.4j-"l I , ola /n . G?eF lPvatt t'u \L) | I v B. OI.D MSTEOD Secondary aflowed: 4436 x .40 = L'174 Plynan showed used 250 ord 250 Tota1 aLlowed for secondary 2024 trrriql-incr' ?QlE rrrncc Jvv Yrvse Credits: 3?3 Existing 2582 with credits Allowed 2424 ovER 558 Crod i l- c rri rran . | \ -/ l-1rA7\ | t//rAC 73.5 stairs 9.2 void 25.0 airlock 200.0 storage 50.0 nech 373.0 total Additions:1st level: Enclosed porch 150.7 Add to bedroom '74.3 2nd 1evel : Storage changed to sauna 46.6 Addition to bedrm 12.4 3rd level: Add to bedroom 164.5 Total Additions 508.5 z E =G uJ o- Ln @ -ir o\r\ Or F <n r.lJ ul TL t uJ ll,Bzltr ,,' .r3- h h,\€t ),) o\ z ts z o ) 9 IL o z o F o G F I == =z h H d z F t:l .Al{qJ (J zz H< rI1E a ul F z o z o :l (D =z o 'ii (5 '=9o' ;.E =od F.e 3. !xY E:K '- v,o(ES E^t =iF ;>=c96 O.O > -->t =!l G= =(l)qs - \o \f @ \t $ cO @ ln rn an cfl \' -ir (\ co L =E LU o- z o !l @ i (J z 9 G F LIJ UJ z 6 =f z (J lu L! 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L o z 3 9l I o\ -? uJ LIJ F (J H t-r IJJ FJ I E tr I z IIJ J1 al >l rLl ;l 3l l-l co I F (\ tli J llJ F q Fl '-t F-r H =e.tr I z o uJ tr IL z 3 F F F f\td I \+ q F F1 Fl H E g I 11 col =l I I .l >l ol uJt t-r *l F* Jl F- 3l i u-l o\ol x zl -,.t FI E E o z o u, J a LL z -o F uJ ) uJ F E lIJ z = F O LU E I O <F uJ<ZE L!F (aZ )E <o OF FS ;F =z - >Y =<ze =F :z ,-r- o <^ =F 7()z< Y,z =g LLl b z (J= (/') =z9 cDO 5 >z tzl --l df co +t c! P<l rt r-t lL II l ..i3 z&.t< t..\F- --'r -: LU 6il> tr t! o- lr- : ^uJ E2 E< o -!)Ev!>o T'A 7..C:F "E h=oii- ; 3*I lr.r o--F tl '1 €.. ;-- UJ F E -E F =E lrl o-z I F (J f, E,F a z o o trtrtr 75 3oulh lrontage .oad Yeil. colorado 81657 (3031 479-2L38 or 479-2L.39 ottlce of communlty develoPmettt BUILDING PERI.iIT ISSUANCE TIME FRAME If this permrlt requires a Town of Vail Fire Department Approval , Engineer''s (Public Works) reyiew and approval , a Planning Department review or Health Department review, and a review by the Building Department, the estimated time for a total review may take as long as three weeks. All commercial (large or small)and all multi-family permits will have to follow the above mentioned maximum reouirements. Residential and small projects should take a lesser amount of time. However, if residential or smaller projects impact the varjous above mentioned departments wj.th regard to necessary review, these projects may a'lso take the three week oeriod. Every attempt wr'll be made by this department to expedite this permit as soon as possible. I, the undersigned, understand the p1 an check procedure and time frame. .-_) ,.- _-._,,@r 7r'z^a Project Name ,/ ,// )- ,/z , ,/rr / Date Wrirk/Sheet was turned lnto Ene Communi ty Devel opment Department. 75 soulh troniage road vail, colo?ado 81657 (303) 479-2L38 or 479-2L39 TO: FROM: DATE: SUBJECT: offlce of communlty developmenl ALL CONTR.ACTORS CT'RRENTLYL REGISTERED I{ITII TITE TOWN OF VAIL TOWN OF VAIL PUBLIC WORKS/COMMUNITY DEVELOPMENT MARCH 15, 1988 CONSTRUCTION PARKING & MATERIAL STORAGE In sunmary, Ordinance No. 5 states that it is unlawful for any person to litter, track or deposit any soil, rock, sand, debris or naterial , including trash durnpsters, portable toilets and workmen vehicles upon any street, sidewalk, alley or public place or any portion thereof. The right-of-way on all Town of Vail streets and roads is approxirnately 5 ft. off pavement.This ordinance will be strictly enforced by the Town of Vail Public Works Department. Persons found violating this ordinance will be given a 24 hour written notice to remove said rnaterial.In the event the person so notified does not comply with the notice within the 24 hour tirne specified, the Public Works Departnent will remove said material at the expense of person notified. The provisions of this ordinance shall not be applicable to construction, maintenance or repair projects of any street or alley or any utilities in the right-a-way. To review Ordinance No. 6 in full, please stop by the Town of Vail Building Departnent to obtain a copy. Thank you for your cooperation on this natter. . contractor, owner) UTILITY LOCATION VERIFICATION SUBDIVISION JOB LOT NAME 20 BLOCK 7 FILING The locatj.on of utilities, whether they be uraln trunk llnes or proposed lines, nust be approved and verified by the followlng utilities for the accornpanylng slte olan. Da te nDsEss 26 F&zi_<7 fu*> Mountain Be II ntfstf]22 s41-16?a ern Slope Gas Co. I Har ry Public Servlce Conpany 949-s7 8L Gary lta11 Holy Cross ElectLrc Assoc. 949-5892 Ted Husky/Mtchael Laverty l{eritage Cablevision T. V. 949-5530 Gary Johnson Upper Eagle Valley Water & SaniEation Dlstrict 47 6-7 480 Fred Haslee This forn is to verify service availabillty and locaElon. This should be used in conjuncEion with preparing your utility plan and schedullng lnscallaElons. *(Please brlng a site plan when obtaining Upper Eagle Va11ey Water & SaniEaEion s lgnature s ) Authorized S lgnature /", t--(,'t - 7 c-- #,b-/4c 1- ZG-q o 6t l^?c) NOTE: These verifications do not relieve the contractor of his responsibility to obtaln a stleet cut perml-t from the Town of Vail, DeparEment of public works and to obtain utillry locaEions before digging i.n any public right- of-way or easement in the Town of Vail. A building permit is not a street cut permit. A sEreeE cuE permit nust be obtained separately. f, &arn/4 Dreez-"'- B,laro ,c*-rbLL.Au"NF 7,J:T Etae ' A? Lof H,+.7 6e i*s cat/Fctc-T t'Jz rtt Qurhear*{tux 22-L987 t.\;iii:1'' PERMIT NUMBER OF PROJECT L'A Itr READY FOR INSPECTION: LOCATION: t\f\ tvtE rns#cnoN TOWN OF REQUEST VAIL MON WED CALLER TUES THUR FR AM PM BUILDING: D FOOTINGS i STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V, tr ROUGH i WATER tr FOUNDATION / STEEL FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING D INSULATION tr POOL i H. TUB tr SHEETROCK \ArL tr !tr tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING EI tr tr ROUGH D EXHAUST HOODS CONDUIT tr SUPPLY AIR tr tr FINAL tr FINAL 'F. APPRoVED CORRECTIONS: tr DISAPPROVED D REINSPECTION REQUIRED t DATE INSPECTOR PERMIT NUMBER OF PROJECT ,*r#"toN TOWN OF REQUEST VAIL- DATE READY FOR LOCATION: '1 { JoB NAME INSPECTION: MON \: '-)-''/ TUES WED -1-- I fc-I,-','\ n|,r^l ,*,-l_: -- --.\<' <, . zi- CALLER PM AM F{r\.\,, (r ., ,-- BUILDING: tr FOOTINGS / STEEL PL tr tr tr tr tr D UMBING: UNDERGROUND ROUGH / D.W.V. ROUGH / WATER D tr tr tr tr ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION SHEETROCK POOL / H. TUB NAIL FINAL tr tr FINAL ELECTRICAL: tr TEMP. POWER MEGHANICAL: tr tr o tr HEATING tr o tr ROUGH EXHAUST HOODS CONDUIT SUPPLY AIR E FINAL O FINAL tr APPROVED ISAPPBOVED REINSPECTION REQUIRED CORRECTIONS: oo-, .?-zz-,o/ rNSPEcroR n'lFsno" N\,*rlhtoN TOWN OF REQUEST vAlL" .l PERMIT NUMBER OF.PROJECT \ _ \Rr frx onre tl cJ L)- \U JoB NAME READY FOR LOCATION: CALLER BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr tr D tr D o FOUNDATI ON / STEEL tr ROUGH / D,W.V. FRAMING tr ROUGH / WATER ROOF & SHEER tr GAS PIPING PLYWOOD NAILING INSULATION SHEETROCK NAIL tr FINAL D FINAL ELECTRICAL:MECHANICAL: D TEMP. POWER tr HEATING O ROUGH tr EXHAUST HOODS tr coNDutT tr SUPPLY AIR tr FINAL tr FINAL [,neenoveo CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR prffi*cF PERMIT NUMBER OF PROJECT oo* Oe- t4 -Qa JoB NAME READY FOR LOCATION: INSPECTION: € rNs#cnoN TOWN OF REQUEST VAIL. t 'Turo GAPI'-a AM@ tr DISAPPROVED tr REINSPECTION REQUIRED cALLER Hrt-uqn*lD, /oN SI R.ucTroAJ TUES WED THUR FRI BUILOING: O FOOTINGS D FOUNDATI tr FRAMING / STEEL PLUMBING: tr UNDERGROUND D ROUGH / D.W.V, O ROUGH / WATER ON / STEEL - ROOF & SHEER . PLYWOOD NAILING ficns PTPTNG D INSULATION D POOL / H. TUB O SHEETROCK NAIL D tr tr tr tr FINAL FINAL ELECTRICAL: O TEMP. POWER MECHANICAL: O HEATING D o tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr o FINAL F4tttou.o CORRECTIONS: INSPECTOR P,ffis"." ON NOF t REQUEST. VAIL- I PERMIT NUMBER OF PROJECT '-- -\: irn --_\ oRrr \ \] - '1\J JoB NAME CALLER READY FOR LOCATION: PECTIO BT D tr D tr tr o ILDING:PL tr tr tr tr o o tr UMBING: FOOTINGS / STEEL UNDERGROUND ROUGH / D.W,V, ROUGH i WATER FOUNDATION / STEEL FRAMING ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H. TUB SHEETROCK NAIL tr FINAL D FINAL ELECTRICAL: tr TEMP, POWER MECHANICAL: O HEATING tr tr tr ROUGH D EXHAUST HOODS CONDUIT D SUPPLY AIR tr tr FINAL tr FINAL APPROVED tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: oor.. €-/3-fu rNSPEcroR 0+1+7 PERMIT NUMBER OF PROJECT DATE INS ON NOF REQUEST.VAIL- . ,I JOB NAME TUFA CALLER MON TUES Hlalut,t0 (oNsrnutTrod lioo READY FOR LOCATION: INSPECTION:WED THUR FRI BUILDING: I roorrrucs / srEEL PL tr tr E tr tr tr tr UMBING: O FOUNDATION i STEEL UNDEFGROUND ROUGH / D.W.V. ROUGH / WATER O FRAMING o tr tr o BOOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H. TUB SHEETROCK NAIL tr FINAL D FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: O HEATING tr tr tr ROUGH tr D D EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL O FINAL APPROVED CORRECTIONS: tr DISAPPROVED D REINSPECTION REQUIRED INSPECTOR INS lONl.. rnrstcnoN TOWN OF REQUEST. VAIL t JOB NAME a ('\--l-r. '.,\-) ', \ \''-\l..t )CALLER TUEE THUR FRI READY FOR LOCATION: {ro i..\ - DISAPPROVED EINSPECTION REQUIRED ROF fi PERM DATE BUILDING: O FOOTINGS / STEEL PLUMBING: O UNDERGROUND O ROUGH i D.W.V. tr ROUGH / WATER FOUNDATION / STEEL tr FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION tr POOL / H. TUB O FINAL tr FINAL ELEGTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING O EXHAUST HOODS CONDUIT D SUPPLY AIR tr FINAL tr FINAL tr APPROVED CORRECTIONS: INSPECTOR +uu l INS ON NOF I REQUEST VAIL. . READY FOR LOCATION: ECTION:t\ rilT\ rHUR FRI BUI FT trF trF T't ' r tr11 trS tr- PLUMBING:ILDING: OOTINGS / STEEL tr UNDERGROUND tr ROUGH / D.W.V. O ROUGH / WATER FOUNDATION / STEEL FRAMING ROOF & SHEER tr GAS PIPING PLYWOOD NAILING INSULATION tr o POOL / H. TUB SHEETROCK NAIL tr FINAL O FINAL ELECTRICAL: O TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr tr o EXHAUST HOODS tr CONDUIT SUPPLY AIR tr FINAL tr FINAL D APPROVED ISAPPROVED EINSPECTION REQUIRED CORRECTIONS: Y--r ,- -U i)DAIEI 12-TU INSPECTOR rNs;ctoN REeuEsr TOWN OF VA|L r PERMIT N DATE PROJ UM ?JOB NAME CALLER ER READY FOR LOCATION: INSPECTION:MON THUR FRI BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND D ROUGH / D.W.V. O ROUGH / WATER tr FOUNDATION / STEEL FRAMING ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION SHEETROCK tr POOL i H, TUB FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH D EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL tr APPROVED DISAPPROVED REINSPECTION REOUIRED RRECTI Dp:.E 4-lZ --/l rNSPEcroR nFs,o" t t/ // /)'I PERMIT NUMBER OF PROJECT ht I Ai I -\ I . DAIE Jl ly'l '11 JoB NAME CALLER TUES ."WED.,,FFI i AMPMd .:READY FOR INSPECTION: LOCATION:/( r,. ,1 rNs#cnoN REouEST TOWN OF VAIL^ . l?q44s( THUR (J BUILDING: tr FOOTINGS / STEEL PL tr tr n tr tr tr tr UMBING: D tr D D tr tr FOUNDATION / STEEL UNDERGROUND ROUGH / D.W.V. ROUGH / WATER FRAMING ROOF & SHEER PLYWOOD NAILING GAS PIPING INSULATION POOL / H, TUB SHEETROCK NAIL tr FINAL tr FINAL ELECTRICAL: D TEMP. POWER MECHANICAL: tr HEATING D ROUGH D EXHAUST HOODS tr CONDUIT tr SUPPLY AIR d rrrunl O FINAL O DISAPPROVED tr REINSPECTION REOUIRED , ..icoRRECrONS: TJAIE INSPECTOR \\ "t I INS ON NOF REQUEST VAIL PERMIT DATE READY FOR LOCATION: INSPECTION: la JOB NAME MON CALLER TUES THUR FR EB OF PBOJECT BUILOING: tr FOOTINGS / STEEL PLUMBING: O UNDERGROUND tr BOUGH i D,W,V. tr ROUGH / WATER O FOUNDATION / STEEL tr FRAMING - ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB O SHEETROCK NAIL tr D tr FINAL tr FINAL ELECTRICAL: D TEMP. POWER MECHANICAL: tr HEATING tr tr tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR INAL O FINAL tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: DATE ' .) -,-i; /INSPECTOR l- rNsPEcrroN's .'MPLETED t The ltens below aeed to givlngapermltaflnal Please check off 1a the FINA]. PLU{BING be couplete before Cof0. box provlded. DATE: tl tl FINAL I{ECBANICAL DATE: ID. NAME: o FINAL BUILDINC EAST SIDE3 T{EST SIDE: DATE: TEIPORARY CERTIFICATE OF OCCI'PANCY FILE NAI{E: + 441? the mj mueller co., inc. 2 November l-990 Mr. Mike Hiland HII,AND CONSTRUCTION CO. PO Box 3l-1- Avon, CO 8l-620 SuJcject: TUFO RESIDENCE-GARAGE ADDTTIoN 285 Forest Road ',?iI, Colorado Dear Mike: The purpose of this letter is to confirm that this office has reviewed tlre structural inplications of moving the above mentioned garage approximately 8!r to the west after 808 cornFletion. The garage is supported by a concrete retaining waII to the south and a continuous clulam 6 3/4 x 18 supported by 2-L6tt diameter concrete piers to the north. P1ans conpleted L8 JuIy L99O by Gordon R.Pierce were used to verify existing conditions. The following is to be noted: a) 8rr thick concrete waII sections were added to the existing concrete retaining waII to the south to support the 4-2x12 wall beams. The nelr concrete is doweled to the existing with 4-#5 dowels drilled 5r' into existing and grouted with non-shrink epoxy grout. The new walls are reinforced with 4-#5 bars each way. The wal1s were monotithically poured with footing extensions. The clulam beam to the north was unconnected fron the colunn bases, moved and reconnected. The cantilever after the move has become 4.-31t, the original desigm referenced a cantilever of 3t-5r from the centerline of the concrete pier beIow. The Glulam beam and the concrete pier are capable of s rpporting the desigm loads for this new condition. The desigm loads consist of the associated dead loads and the 50 psf and 2OO0# vehicular surcharge loads as defined by the l-988 Uniforn Building Code. Allowab1e snow load for the roof is 80 psf. At the time of rny inspection the garage had just. been moved. Complete all ledger and bolted connections between franing and foundation as required by the plans referenced above. Verify correct placement relative to set-back requirenents per TOV codes. Conplete the balance of the garage after receiving Iocation approval by the Town of Vail. b) c) d) clvll, archltecturaland structuralengineering . p.o. box 2747 vatl, colorado 81658 476-2627 Page 2 l{r. Mike Hiland 2 Novenber 1.990 ThiE letter investigates all the structn"6l lrnplications associated with moving the garage relative to the existing foundation. T[!C does not warranty the balance of the structure witlrout further review. If you have any questions regarding this letter please contact this office at the phone number shown on the cover sheet. Sincerely yours, THE , rNc. Uark J ler, PE Presi !.LJrAtc ffi't'I 9orrtY.l o z L =E uJ o- c!c! c.) EI EI 6 )4 x E CJ) UJ l,u L!t = I.IJ $N\S \J\B t)\ z - z ! F ir'J o\Eo\o!-r 6 Fl F) (, JH <J r!E ZY =E 5 at! lu F o E l- F a z = =z cc uJ z 3 o llJ I F o z A: vl ,r N: 0'- L \., ri \\ IT t?t+t+l*-tf.- i ,.1; \ 'l: an EV c,\F\r(i r( )t r4 1 r_l . ,ql ..t+ot+ E-{ l+t+' or l+- '-l!-t+zl+*tt Ft+s,l _f o:i (!.Y':6ARc; gEE;s =-ecr€!iE H 9#FJcXo : qE.9:e e6sE; ;Ei:F :O6EP - *t o)*: :';.s o :*>5 s :Eg;H :€35: .0'; ee 5 t-* t"e i *E:9 Y si;eE tiEpe :@'voo :EE Hts EstSE - o;9; .c= cl (/) c g't;:: sg:=:O (!= X 0)c-=->!: Fe g ;siE; esggx t\ N rt lil Il<t \o \T xl K l+H X,f$s * tal r\cn -ir rn c! H tf) C.i J F\ H n n X F = UJ (L z o f (D Y o u.,I (J z J (! 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Rcccption No. -' SPECIAL WARRANTY DEED TEIS DEED, Mrdc rhis 2nd dryof February , rs90 CARY R. BOSSOW AND ..- PETER F. TUFO,.' UARA R. BOSSOW County of Eagle whosc lcgal address is of fie , Statc of colorado, gnnto(s), and PETER F. TIIFO 164 East 72nd Street New York, NY 10021 County of of thc bsrgain, s€ll, conwt and connrm, uDto thc gnntee(s), his if any, situaE, lying snd being in thc dcscribcd as follows: PARCEL A, A RESUBDTVISTON FIRST FILING ACCORDINC TO 1990 rN BOOK 522 Ar PAGE COLORADO. New York , State of 8dlafl*b, granbe(s): heirs and assigns foreltr. all the r"8l propcrty, together with improrrments. county of Eagle , Stare of colorado, oF LOT 20, BLoCK 7, VAIL VILLAGE, THE PLAT RECORDED FEBRUARY 1 , 445, COITNTY OF EACLE, STATE OF 2,bl/ ,i a'l ,l WTINESSETH, That $c grarto(s), for and in considcration of rhe sum of TEN DOLLARS AND GOOD AND OTTIER VAT,UABLE CONSIDERATION DOLLARS, the rccciPt and sufficicocy ofshich is h€rEby aknorledgcd, hayg granted, ba4rained, sold and conwltd, and by thesc presents do grant, n-{ t:l .CONSIDERATION LESS THAN $500.00 4t9e66 B-5e3 tr-lagl JOHNNETTE trHILLItrS L ., A?/L5/9A @B:Ot F,G 1 OF E ENGILE COUNTY CLERR, COLORADO REC In. fra DOC q. oo rlso known by su€et and numbcr as: TOGETHER with all and singular the hereditamcnts and appuncnanccs thercto belonging, or in anywis€ appenaining. and th€ reryersion and rll€rsions, Emainder and remainders, renb, issucs and profits thereof: and all the esrate. right. title. intcrcst. claim and dcmand whalsoever of the granto(s), €ithcr in law or cguity. of, in and to thc aborae bargained pr€mises. with the hereditamen$ and appurtenances: TO HAVE AND TO HOLD the said prcmiscs above bargained and described wirh the appurtenances. lnro thc grantee( s ). h i s heirs and assigns forever The granto(s). for themset veq their heirs and penional representarives orsuccessors. do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargaincd prcmis€s in rhe quiet ancl peaceable possession of the granrce{ s). heirs and assigns, against all and eT ry p€rson or pcrsons claiming the whole or any pan thereof. by. through or under Ihc grantorls l executed this deed on Stale Dcctrme niary Fec s .ta.p{t)a, STATE OF C TqT.IEq New YorK Counry of ,I1u", V C i- Thc fotEgoing insnmenl was acknowledged beforc me this by Peter F, Tufo. day of FebruarY . te90 1""t" 2nd Wirncss my hand and offcial seal. cHRrsl a// Not!ry rlf in Dcnrar, inscn 'tity srd." No. 16.Rtr.3.t5. spEctAL wanR^ItfTy DEEI) Bt dfotd Publi.hinS. 1743 Wrrc. St.. Dcrvcr. CO t0202 -(303)29?-2500- 7-89 v4+46+ I (n ll FE II :tl \J tl otl -tl Fr tl \tl Fll Ftl Fll ztl Fi ll tl t tl L-l tl sll liF o6 :t(!d'€'ls l- t!t IE to t5 lr to'tr t11 to ra o. -..?= e,€I 6 x ft z t!r a ]A E (t c a d I ttl TI o l- .8 o a,' .o .: ti o. v PLEASE RETURN TO: Peter F. Tufo 164 East 72nd Street New York, NY 10021 t.F ':'"' .7. t.TC * STATE OF COIORADO COUNTY OF EAGI,E qq 4tse66 B-Ea3 F,-tOO Oe,/ 15./98 ?r9: O1 4l'L/The foregoing was acknoerledged before me this /'- day of February, 1990 by cary R. Bossow and Mara R. Bgssolr. Witness ny hand and official seaL. c-,,L- tl c{ F.6EtrFE My conmission expi t"" ona/!/l '( - l Dt, . '".;; ' /44_L 9L, /?1U . t :. r L A N D ' ' '?" Representing Title Insurance Company of Minnesota THANK YOU FOR YOIIR ORDER Novenber 08, l-989 Our Orderi VL4454 BUYER: IRVING GERSTEIN, TRUSTEE SELLER: PETER F. TUTO AS TO 40 PERCENT INTEREST, AND GARY R. BOSSOW AND MARA R. BOSSOW AS JOINT TENANTS AS TO 60 PERCENT ADDRESS: RON BYRNE AND ASSOCTATES R.E. DELIVER TN VAIL RUNS CONFIDENTIAL 1 Attn: RON gVRNn OTTO, PETERSON AND POST DELIVER I{ITHIN BUILDING GUARANTEE I"PANY '' ' 'i'" j ,{ Attn: JAY PETERSoN CIOSER 1 Attn: ARZANA coPrEs 2 Attn: PICKED UP FOR DELIVERY AI't PM LAND TITLE GommitmentTo Insure 8rytt MINNESOTA lssued through the }ffice of:I08 South Frontage Road W. PO Box 357 Va il, CO 8l 658 476-2251 5440 Ward Road Arvada, CO 80002 420-O241 3300 So. Parker Rd., Suite 105 Aurora, CO 80014 751-4336 l8l0 30th Streel Bou lde r, CO 8030'l a 4A- 4101 200 North R idge P. O Box 2280 Breckenridge, CO 80424 453-2255 512 Wilcox Castle Rock, CO 801 04 688-6363 21 2 North Wahsatch Co lorado Springs, CO 80903 634-4821 P. O. Box 5440 Denver, CO 8021 7 32t-1880 8E2 l E. Hampden Suile 100 Denver, CO 8023 | 7so-4223 8333 Greenwood Boulevard Denver, CO 8022l 427.9353 I 201 Main Aven ue Durango, CO 8130l 247-s860 7/00 E. Ara pa hoe Rd. Suite 150 Eng lewood, CO 801 12 774-9596 3600 So. Yosemile Denver, CO 80237 69 4-2837 3030 S. College Aven ue Sr.l ite 20 | Fort Collins, CO 80525 482-9Qt 5 710 Kipling St reet Lakewood, CO 8021 5 23 2-3 t I r 3609 So. Wadsworth Suire I l5 Lakewood, CO 802 35 988-85s0 | 1990 Grant Sireet Suite 220 Northg len n, CO 80233 452 01 49 19590 Eost ,^,\a n Street Pa rker, CO 801 34 84 r -4900 108 South Fronlage Road W P O. Box 357 Vail, CO 81 658 17 6-2251 LAND TITLE GUARANTEE COI4FAN'/ '*)d,ft*zdfryry-T /,raBtr z89Z ur.roJ ! ltf 4(t{<ra,p vrostNNil/! r0 ANvdr 0S SSNVUnsNtlll|l fuoleubrs pazuoqlne laqio to.rocqlo 0ultepllen B r{q paubrsralunoc uaLlM prle^ aq 0t'V alnpaqcs ur uMoqs alep aql uo sr€orl]o pazrroqlne Alnp s1r Aq paxrue olunalaq aq ol leos pue aueu alerodroc s]r pasneo seq plosauurlA 1o Aueduo3 aouernsul aHI lglulHM SSlNllM Nl 'tuaullruluro3 siql Iq para,roc uoaleql aDe0uom ro lsalalur ..ro alelsa aql anlen Jol plocal lo sartn bcB par ns ur pa sod or d oql alep oql ol roud 1nq +oaraq stpp a^r]oal+a eql o1lu a nbasqns 6urqc ege ro spiooar c rlq nd eq1 ur 6uu eadd e lsrU'palearc 'AuE +r 'srauEu raqlo ro sujrelJ osra^pe'saoueiqulnou€ 'suarl'sloolao g 'sp.:ocar orlqnd aq] Aq unnoqs 1ou pue mel Aq pasodLlr 'paqsrurn] raqearaq r0 ar0l0]araql leualeu ro roqel 'sacrnras loJ 'uarl e ol lq0U .ro 'uar; Auy tr 'spJ0rar Jllqnd aql Aq uMor.ls ]0u are qortlM pup asolo srp plnoM sasru€rd aq] jo uort3adsur pue AaArns lcall0o e qJtLlM sicel Aue pue 'sluaurqJeoroua'eare ur a0eyoqs'seurlfuepunoq ur slJrlluoo 'sarcuedarcsr6 g 'spro30r orlqnd €ql Aq uMoqs ]0u'sluau.raspa l0 surelc r0'sluaurasel 'Z 'sproc€J crlqnd aql lq uruoqs 1ou uorssassod ur saryed lo sutel3 Jo slq0rg 1 :6urmo;;o; aq] ol lca!qns osle sr tuaurlrruuro3 srql 'ol palalai aloqe a0erano3 rllorJ suorsnlcxl pue suorlBlndrls pue suorlrpuo3 aql ur paureluoc sralleu aq] ol uorltppp ul SNOIIdIN CUVCNV.I.S luauuuJru0s srql;o suorsr,rod eql ol polqns ale pue u0 psseq aq lsnu luauuululo3 stq] Aq pararoc uoaLaq] a6e61out aql +0 snlels eq] r0 1saralur r0 alelsa aql 0l alltl aql lo snlels atg J0 ]no 6ursue ,{ueduo3 aql1su e6e 6uuq,{eu r0 aleq Aeu parnsul pasodord eq1}eq} uorpe go slqbu ro suotlJeto uotpeIuV t 'utsjsq patltpoui Alssajoxa se tdacxa luaultutLto3 stq11o ued e apeu pue acuaralar ,iq palerodorur ,{qaraq are qcrqr',1parnsul pasodord aH l0 ro^ej ut lo} pautululoo sorcr;od ro lcrlod 10 lJJl0J aq] '0 aOetano3 u-totl suotsnltxa aq] pue suotlelndrlg pue suorupuo3 aql pue suorsrnord 6uunsur aql o] ]ralqns sr l{1r1qer1 qons pue ]o] pallttxqlol satctlod to lctlod aql t0] V alnpaqts ul palsls tunoure aq] pao3xa lllllqell qcns lleqs lua^o 0u ul luauJ}tuluro3 slq] l{q pala^m uooloql abe6u0ul to lsalalut l0 alelsa aql atealc r0 altnbce 0t (r) r0 'B alnpaqos u uanoqs suorldacxa aleururla 0l (q) ro loaraq sluauatrnbal oql qtlM llduoJ ol (e) que+ poob ut 6uqeuepun ur uoalaq aouerla.l ur pal.lnJur ssol lenpe ro1 lluo pue JoJ pallluum sanrlod ro i{rr;od 1o ulol aq} ur palnsul Jo uoDtu4ap aql tapun papnlrur saryed Llons pup pelnsul pasodord paueu aqt o1,i1uo aq lleqs tuauttuluro3 srqt rapun,{ueduo3 a$ lo I}!llqel 't 'suorlelndtls pue su0tttpuo3 asaql 1o g qderbeted ol luentnd pelnour ^|sn0|^old^l||!qe!|uol1Aueduo3aq}a^s||al}0U||eqs}u€|.xpuaujeqJnstnq,[16utplocce1uau4tttlulo3sl|.l}i0Be|npaqcSpuatltei(er aql 1atleu raql0 ro urel3 esra^pe 'a3uerqun3ua 'uall 'polap qcns ,4ue 1o a6pa;,uouq len1re satrnbce asrwaqlo ^ueduo3 eql I ro 'Auedurq aq ol abpanoul qrns asolrsrp lleqs parnsu; pasodord aq11 a0pa1mou1 qrns asojrsrp 0s 0l patnsu; pasodord aq11o atn;rel r(q paorpnlald st riuedulo3 aq} luaua aql0t uoalaq acuet1al1opeAueuLo46ut11nsala0eueplosso1r{uelo1[t1tqel;ul04pa^a||ajaq11eqs,4uedrLLo3aq],6U|}UMU|iueduo3aq}o1a6pa|MoU)|3nsgs0|3s|p0l ltej lleqs pue '+00laq B alnpaqts ut uMoqs asoq] ueq] laqlo ]uautuuro3 stql ,{q para,roc uoareql a0e0youL ro lsaralur lo alelsa aq1 burpage talpu taqlo to urelJ asla pe 'aluelqun3ua 'uarl ]lalap iue i0 a5palanoul Jenpe salrnbre to seq pa-rnsug pasodotd oql ll Z )uaunrlsur ilunias raqlo J0 'paap lsnrl ']snrt i0 paap opnlJUr lleqs 'uralaq pasn uaqm ',,a0ebuou,, u.lal aql I SNO|.tilNdIIS CNV SNOIIIONOS iueduro3 aq] lo ]lnel aqt tou sr sarcrlod lo lctlod q3ns anss 0t a]nltej eq] ]eq] pspl^old 'sJnJJo lsl + ta^aqJtqM'anssl lleqs toJ pagrur_uoc sarrrlod to AJrl0d aq] uaqM r0 ]0araq alep o^rlJaJJa aq] JaUe sqluorlJ xrs sleururja] pue tsseal 11eqs rapunataq suorleorlqo pue ,{tqtqetq lle pup acuelnsur alp }o sorcrlod r0 ,4crlod qcns lo ocupnssr eql ol fueururlaid st }uou.tltulutoC stql Iuaurasr0pua luanbasqns i(q i0 tuaxlfixuo| stq lo a3uenssr aql lo aur] aql ]e iaqya 'r(ueduoC aqt Aq loaraq y alnpaqJs ut palasu uaaq a^eq loJ p€Ututr-Uoc sarrrlod to r{crlod au] l0 ]unoue aql pue palnsul pasodotd aq11o r{1rluapr aql uaqm Aluo a^rpalo aq lleqs }uaururllo3 srqf +0araq suorlelnorls pue suorl puoO aql 0] pue B pue V salnpaqJs l0 suotst^od all] o] t3atqns lle :rola]aq] saoleq3 pue sunruerd aql l0 luaulled uodn 'y alnpaqr5 ut 0] paxalsl lo paqu3sap puel aql ur Aqataq p€ta^oc ]salalul r0 alelsa aq] +0 aabeolout to tsu^ 0 se 'V alnpaqJs ut pouleu patnsul pasodotd aq11o tone+ ut ,V alnpaqos ut pa4quapt sp 'aluelnsut aprl;o sa rrlod to ,{rrlod s1r anss ol sll.luor Aqalaq 'uot}pl€ptsuo3 alqenle^ e r0] Aueduro] aqt pallec uraraq 'uOrlerodio3 el0souu!|/! e 'ilOslNNly\ l0lNvdnl0l lSNVUnsNl lllll ^aH 016 i -luaulr ultuoJ vl]v Vi,,.,,. fuoleudls paznlnv ornsq oI il,rorulllt|ruoS VIOS]NNIW Ar.,T^'"oMMrrMENr SCHEDULE A Application No. vL4454 For Information only - charges - ALTA owner Policy $2104L.00 Alta Lender Policy $50.00 *' , lll: 33 With your remittance please refer to VL4454. 1. Effective Date: O"toU"r Sf, L989 at 8:OO A.M. 2. Policies to be issued, and proposed Insured: rrALTArr Owners, s Policy $1, 750, 000. 00 Form 8-1970 (Anended 1.0-1.7-70) Proposed fnsured: IRVING GERSTEIN, TRUSTEE rrALTArr Loan Policy (L97o Revision) Proposed Insured: TBD $1,400,0oo.0o 3. The estate or interest in the tand described or referred to in this Comnitnent and covered herein is: A Fee Sirnple 4. Titte to the estate or interest covered herein is at ttre effective date hereof vested in: PETER F. EUFO AS TO 40 PERCENT INTEREST, AND GARY R. BOSSOW AND MARA R. BOSSOW AS JOTNT TENANTS AS TO 60 PERCENT 5. The land referred to in this Cornnitment is described as follows: UNIT AI A RESUBDIVTSION OF IOT 20, BIICK 7, VAIL VILI,AGE' FIRST PAGE 1 - ,.,, , A"tJ"oMMrrr,rENr SCHEDULE A Application No. VL4454 F]LING, ACCORDING TO THE PI.AT RECORDED XXX TN BOOK XXX AT PAGE xxx, couNTY oF EAGLE, STATE OF COL,ORADO. '' t PAGE 2 ALTJ"oMMITI,TENT SCHEDULE B-1 (Requirernents) Application No. V1-4454 The following are the reguirenents to be complied with: 1. Paynent to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duLy filed for record, to-wit: 3. EVIDENCE SATISFACTORY TO THE COI,IPANY THAT THE TERI{S, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRA}ISFER TAX HAVE BEEN SATISFIED. 4. RESUBDIVTSTON PI,AT ACCEPTABLE TO THE CO}TPAI'IY FOR SUBJECT PROPERTY TO BE RECORDED TN EAGLE COUNTY. 5. WARRANTY DEED FROI{ PETER F. TUFO AS TO 40 PERCENT TNTEREST, AND GARY R. BOSSOW AND II{ARA R. BOSSOW AS JOTNT TENANTS AS TO 50 PERCENT TO IRVING GERSTEIN, TRUSTEE CONVEYING SU&TECT PROPERTY. PAGE 3 SCHEDULE B-2 (Exceptions) Application No. vL4454 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the conpany: l-. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessnents against said land. 8. Liens for unpaid water and sewer charqes, if any. 9. RIGHT OF PROPRIETOR OF A VEIN OR I.oDE TO EXTRACT AND REII{OVE flTS ORE THEREFROITI SHOULD THE SAI'{E BE FOUND TO PENETRATE OR INTERSECT THE PREMTSES AS RESERVED fN UNITED STATES PATENT RECORDED September l-4, 1923t IN BOOK 93 AT PAGE 98. 10. RTGHT OF WAY FOR DTTCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNTTED STATES AS RESERVED IN UNfTED STATES PATENT RECORDED September 14, L923, rN BOOK 93 AT PAGE 98. T]-. RESTRICTTVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OUTTrING RESTRICTIONS, IF ANY, BASED ON RACE, COIiR, RELIGTON, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRIN{ENT RECORDED August ].0. L962 1 IN BOOK 174 AT PAGE ].79. UTILITY EASEMENT TEN FEET IN WIDTH AI.,ONG THE NORTHERLY LoT LINE OF SUBJECT PROPERTY AS SHOWN ON THE RECORDED PI,AT OF VAIL VILI,AGE FIRST FILING. 13. UNDERGROUND RTGHT OF WAY AND EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATfON, fNC. fN rNSTRl,rliIENT RECORDED AUGUST 8, l-974 IN BOOK 235 AT PAGE 983. - ,. l ALrt"oMMrrMENr PAGE 4 STATE OF CULOBADO COUNW OF EAGLE OFFICE OF THE TREASUREFI t - |r, I CERTIFICATE OF TAXES DUE OFIDEFNO.: Vf4454 VENDOFNO.: SOOO2 lssuEDro: g6pp rrrLE cUARANTEE coHpANy EOX 3t7 VAIL CO 816t8 PARCEL NO.: 9919369 ASSESSED TO: TO}IN OF VAIL 75 SOUTH FRONTACE RD.vArL, Co a1657 AMOUNTS REFLECTED ARE VALIO ONLY UNNL <D Inring Gerstein VAIL VILLACE FIL. I iLOCK 7 LOT 2OA 'AX LIEN SALE AfiOUNT IS SUEJECT Tp :HANEE IruE TO ENDgRSET.TENT OF THE ;URRENT TAX BY CERT OF PURCHASE {OLDER. AFTER SEPT T, PERSONAL PROP. c IIOBILE HOltE.A!@UNT IS SUEJECT TO THANCE. AFTER OCT. I REAL PROP. TAX ] rI'IOUNT tS SUBJECT TO CHANCE. PLEASE :ONTACT THE TREASURER9 OFFICE FOR ;ORRECT AITOUNT PRIOR TO REI.I.ITTINC, , ;",, ,:i NOTICE I. THE UNDEFSIGNED. DO HEREBY CEFTIFY THAT THE ENTIBE AI'OUNT pF FSAL ESTATE TAXES DUE UPON PARCELS OFTHE SAI,E FOF UNPAID EEAL ESTATE PROPERW DESCRIBED HEREIN. AND ALL SALES OF THE SAME OFFICE, FROM WHICH THE SAME MAY STILL BE REOEEMED WTTH THE AMOUNT REOUIRED FOH REDEMPTION, ARE AS NOTED HEFEIN. IN WITNESS WHEBEOF, I HAVE HEREUNTO SET MY HAND ANO SEAL rHrsr S oAYoF NovEttBER m 1e -eq-_TR-EAsUREF. EAGLE COUNTY MARY E. WALKER t-\ ", Y,f n [ '1,, ]. ..VujG-e^..- TAX DUE: ADVERTISING: 1., , TAX UEN SALES OR DELII{OUENT TAX TOTAL AMOUNT TO FEDEEM SPECIAL ASSESSMENTS cUFRElrfTTAx o. oo tt/ STATT .,!.dr;*er' ._-L:r o. oo o. oo o. oo o. oo o. oo DUE o. oo o."09 '' 1l t'? ,. , o. oo" , ':\..1\. ' THIS CERTTFICATE DOES NOT INCLUDE I-AND OF IMPROVEMET.ITS A9 SESSEB UNOER A SEPARA1E SCHEOIJLE NUMBER, PEHSOT'{ALPROFERTY TAXES, OR SPECIcL IMPROVEMENT oISTRICT ASSESSMENTS, ltlOBlLE HOMES. UNLESS SPECIFICALLY MENNONED. ISSUING G THTSGERBFTCATE$ 19.99 0 INSPECTION REQUEST PERMIT NUMBER OF PROJECT DATE READY FOR LOCATION: JOB NAME l-t BUrLDlrG: lLcoolNGS / STEEL PL tr B tr tr tr tr UMBING: tr FOUNDATION / STEEL UNDEBGROUND ROUGH / D.W.V. ROUGH / WATER tr FRAMING ,- ROOF & SHEER " PLYWooD NAILING GAS PIPING tr INSULATION POOL / H. TUB tr SHEETROCK NAIL tr FINAL tr FINAL ELE trT OF trC tr CTRICAL:M tr tr tr tr ECHANICAL: TEMP. POWER HEATING BOUGH EXHAUST HOODS CONDUIT SUPPLY AIR tr FINAL T] FINAL XFpnovEo )RRECTIONS: O DISAPPROVEO tr REINSPECTION REQUIRED DATE INSPECT PERMIT NUMBER OF INSPECTION REQUEST - TOWN OF VAIL '.PROJECT DATE - INSPECTION: JOB NAME MON CALLER TUES THUR FR WED AM PM READY FOR LOCATION: BUILDING: O FOOTINGS / STEEL PLUMBING: O UNDERGROUND tr ROUGH / D.W.V.tr FOUNDATION / STEEL tr FBAMING O ROUGH / WATER i-', ROOF & SHEEF " PLYWOOD NAILING tr GAS PIPING B INSULATION tr SHEETROCK O POOL / H. TUB NAIL tr tr tr tr D FINAL FINAL ELECTRICAL: E TEMP. POWER MECHANICAL: tr HEATING o tr tr ROUGH tr EXHAUST HOODS CONDUIT D SUPPLY AIR tr FINAL tr o FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED O REINSPECTION REQUIRED DATE INSPECTOR t PERMI DATE T NUMBER OF PROJECT INSPECTION: TNSPECTION REOUEST TOWN OF VAIL JOB NAME CALLER MON TUES i READY FOR LOCATION: WED THUR FRI BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V, N ROUGH / WATER O FOUNDATION / STEE- C FRAMING rr ROOF & SHEER " PLYWOOD NAILING O GAS PIPING D INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr tr tr FINAL O FINAL ELECTRICAL: O TEMP. POWER MECHANIGAL: D HEATING tr tr D ROUGH O EXHAUST HOODS CONDUIT tr SUPPLY AIR D FINAL tr FINAL E-APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR Ppf s,{oP tNSPECTION REOUEST -iowl oF vArL \PERMIT NUMBER OF PROJECT CALLER INSPECTION: MON TUES WED THUR FRI AM PM READY FOR LOCATION: BUILDING: tr FOOTINGS / STEEL PLUMBING: O UNDERGROUND tr ROUGH / D.W.V.tr FOUNDATION / STEEL tr FRAMING tr ROUGH / WATER r.r ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB D SHEETROCK NAIL tr tr tr tr FINAL tr FINAL ELECTRIGAL: O TEMP. POWER MECHANICAL: tr HEATING EI D tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR tr O FINAL O FINAL tr APPROVED CORRECTIONS: O DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR PERMIT NUMBER OF PROJECT DATE JOB NAME rNs t PE CTION REQUEST T-oWN oF vArL 1 iAMPM BUILDING: tr FOOTINGS / STEEL PLUMBING: O UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER D FOUNDATION / STEE- tr FRAMING - ROOF & SHEER " PLYWOOD NAILING D GAS PIPING tr INSULATION O POOL / H. TUB O SHEETROCK NAIL tr tr tr FINAL tr FINAL ELECTRICAL: El TEMP. POWER MECHANICAL: tr HEATING E tr tr ROUGH O EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION BEQUIRED DATE INSPECTOR nSsuop PERMI DATE INS o PE CTION REOUEST TOWN OF VAIL T NUMBER OF PROJECT JOB NAME CALLER INSPECTION: MON TUES WED THUR FRI READY FOR LOCATION: AM PM BUILDING: O FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W,V. N ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING _ ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING O INSULATION tr POOL / H. TUB tr SHEETROCK NAIL D tr tr tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING o o tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL tr APPROVED CORRECTIONS: D DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR ,} 3q3Ll PERMIT NUMBER OF PROJECT rNs t PEC TION REQ I idesl onre tt l?t JoB NAME READY FOR LOCATION: INSPECTION:MON TUES = TOWN OF VAIL €l-\ CALLER BUILDING: D FOOTINGS / STEEL PLUMBING: tr UNDEBGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL D FRAMING n ROOF & SHEER " PLYWOOD NAILING tr GAS PIPING D INSULATION tr POOL / H. TUB tr SHEETROCK NAIL FINAL O FINAL ELECTRIGAL: tr TEMP. POWER tr HEATING ROUGH tr EXHAUST HOODS tr SUPPLY AIR tr FINAL tr FINAL O DISAPPROVED tr REINSPECTION REOUIRED APPROVED CORRECTIONS: /,/- zz- QQ DATE INSPECTOR tN/t JOB NAME I r. REQUElEil PERMIT DATE READY FOR LOCATION: PROJECT I oF tll BER lt NUM -.1 x'-'//1 !., '-',/ INSPECTION lgrlttar,/ TOWN OF VAIL I r,v b tfurfr, a CALLER ] THUR BUILDING: N FOOTINGS / STEEL PLUMBING: tr UNDEBGROUND D ROUGH / D.W.V. tr ROUGH / WATER D FOUNDATION / STEEL tr FRAMING - ROOF & SHEER - PLYWOOD NAILING O GAS PIPING O INSULATION O POOL / H. TUB tr SHEETROCK NAIL O FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING ROUGH tr EXHAUST HOODS CONDUIT O SUPPLY AIR FINAL tr FINAL APPROVED tr DISAPPROVED O REINSPECTION REQUIRED CORRECTIONS: sEGs"op /t ) > )calp / /'' z' j / / tNSPEcroR I ii!,.i,\*'' \--: \tNs t PE I r.. CTION REOUE]ET TOWN OF VAIL - CALLER READY FOR LOCATION: WED THUR i -FRI ,-_ti\AM (pu-'I TUES BUILDING: D FOOTINGS / STEEL PLUMBING: D UNDERGBOUND tr ROUGH / D,W.V,tr FOUNDATION i STEEL tr FRAMING tr ROUGH / WATER rr ROOF & SHEER " PLYWOOD NAILING O GAS PIPING D INSULATION O SHEETROCK tr POOL / H. TUB FINAL \. \ .) ELECTRICAL: O TEMP. POWER tr HEATING ROUGH E EXHAUST HOODS CONDUIT O SUPPLY AIR tr FINAL tr FINAL PROVED ORRECTIONS: D DISAPPROVED tr REINSPECTION REOUIRED INSPECTOR.. pd$s*op .t FINAL INSPECTION'S COMPLETED The belov jtems need to be complete before giving a perm'it a final C of 0. Please check off in the box provided. 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The il-ght-oi-way on ali Town of Vail streets and.roads J.s approximately 5 ft. off pavement.Thi"s ordinance will be stri-Lty enforced by the Town of vail py!}ig wo5lcs Departnent. persons found vi6tating this ordinan"e will be given a a4 hour written notice to remove-said rnateriar.In the event the person so notified does not conply with the notice within the 24 hour tine specified,-the pulfic Works Department will remove saLd roaterial at the expense of person notified. The provisions of this ordinance sfriff not bE applicable to construction, maintenance or repair projects of any street or alley or any utilities in the rlght-a-way. To review ordinance No. 6 ln full, please stop by the Town of Vail Building Uepartment to obtain a copy. firanl< you for your cooperation on this natter. Read and acknowledged by: (or/, /o- ty' 9o ^.',; /- 1'.'/Posj.tion/Relationdhip to Project (i.e. contractor, owner) Date ?5 3outh ttontago road va , colofado 81657 (303) 47$2130 (303) 47$2139 August 1, 1989 olflce of communlty developmenl Mr. Gary Bossow Gl,tA & Associates Drawer X Vail, Colorado 81658 Rer Lot 20 project Dear Gary, The Improvernent Location Certiflcate subnitted by cMA & Associates as required for the framing inspection does not contain the reguired inforrnation that is necessary for us to a]low continued construction on this project. You are correct ln your statement that the survey does show the highest peak elevation of the hone and that that elevation is within the allowable height requirenents. llowever, due to the cornbination of the architecture and the site configuration, the most restrictive ridge line of the residence, with regard to the Town of VaiI regulations, is the east-west running ridge on the northern portion of the house. This ridgte is designed to the absolute maximun height allowance for this zone district. The Inprovement Location Certificate for the roof peak elevations are a critical element for Tovn of Vail review of construction projects. while I understand the logic of your tape rneasurenent calculations, Itm afraid that that is unacceptable to the Town of Vail. This information urust be provided to us ln the forrn of a legal survey. I hope you understand the irnplicatlons this would create if we were to utilize this type of measurement process on every resl.dential project that we have to review through the course of a short bullding season. Tbe franing inspection will be conpleted as soon as this infornation is subxritted and approved. If you have any further guestions, pfease feel free to contact me. Sincerely, r ?". E'",^.J Riclc Pyluran Town Planner RP: Ir GiMA AsBociat6a oFlal rEFl x vAlL . cor-oFlaElc! BlEilta July 31, 1989 Mr. Rick Pylman Town of Vai I ?5 South Frontage Road Vail. Colorado 81657 Re: Lot 20 Proj ect Dear Rick. During the week of July 24, 1989 Eagle Valley Engineering prepared a site inprovenent survey for the Lot 20 project. They shot the highest peak elevation of the home at an elevation of 8252.s". The approved site plan shows an allowable elevation of 8253.6". By ny calculations this represents a height 10 incbes under the aI lowab1e. There now appears to be sone question regarding the elevation of an adjoining ridge. Since these two ridges are connected, a sinple neasurernent using a tape neasure verifies that the ridge in question is 2'4" Iower than the peak surveyed by Eagle Valley Engineering. Calculating the second ridge's height using this measurenent establishes it as being 8050.4". This elevation is also within the aIIowable height. I would be pleased to meet with you or a member of your staff at your convenience at the jobsite or at the Town of Vail offices to go into greater detail if needed, but requiring a second survey when the ridges are connected seens unnecessary and costly. The time delay on the original survey was over a week and I am certain that this would be no quicker. To hold up a project during the sunner rnonths is very costly because the season is so short and we push those sunner days into cold weather winter days which are much more expensive. I hope that you do not consider ny position as being uncooperative as I value the current working relationship that I have with you and your staff. Thank you for your consideration. Sincerely, l(- 3Cl3 2176..148C' C'z E =t uJ o- F (\ 6 F\ TN IJJ ut l! E =g. UJ c ts$$ cr\ @ o\ \o 2 F) H ./. d z F) 6 llu ,-{ o- z F F.) z E JFI tr II!z oo OH z& 6 IIJ F E F F I =: z z z lc E E *l 'Ll ,ii u,l F z o z o J 6 .6 o z z 4 TJ J u E -t -2 J --t a.i -l 3 z (9 F.' 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F-l E 4 H U' ts IJ.J =z d) o- 7 z 2 E ll ! dH ;t il ill H B: Elc4 lcn 'l'<f Fl6r zll ot\o rl .^ | a --l ^l XI I I lt ad-|r|n elF ol<d> J><= -(J tll & H z =t tr r\ cO \o \+ I F \' I F4 l rl cnl Nl ;l EI il >l t!l f, z H H i? H .A 2 z =g I \f ci z nJ G z 3 o F H t-l Fl H Fl E-r E =E tr CN F Lr] I F\c\ @ lil F (?rl E -,'l flJ f,81 Hfl tzl Efl o z o ul lr J a l!o z 3 o I I 3l HI ;l Pl E z 6 = J UJ T F F C) IJJ =r () G E -.r O <F (r(J ur<ZE,L!F trz o EtrD {t 75 soulh tronlage road Yail, colorado 81657 (303) 479-2138 or 479-2139 olflce of communlty development TO: FROM: DATE: SUBJECT: ALL CONTRACTORS CURRENTLYL REGISTERED WITH TITE TOWN OF VAIL TOWN OF VAIL puBl-,rc woRKs/coMMUNrTy DEVELOPMENT MARCS L6, 19IB CONSTRUCTION PARKTNG & MAjrERTAL STORAGE rn sunmary, ordinance No. 6 states that it is unlawful for any person to litter, track or deposit any soil , ro-k, sand, debris or materiar, including trash dumpsteri, po.iant" toilets and - workmen vehicres upon any streetl sid.ewaik, alley or pubric p1?9" or any portion theieof. the ri.ght_"i_*u' on aLl town of Vail streets and,I?"gr is approxinateiy 5 f:t--lff pavement.This ordinance wilr be strilt.ry enforcld by the Towrr of vair PylJi-c works Department. persons found villatirrg this ordinance wilL- be g-iven a 24 hour written notice to-r"","rr"-said *ua;;i;i.-rn the event the person so notifi-ed does not comply with th;--notice within the 24 hour time specified, tne-pufric works---Department trill remove said mate-riat at lhe expense of person notified_. The provisions of this ord.inance srrirr not be applicabre to construction, rnaintenance or repai.r projects of any street or alley or any utilities in tbe right_a_i.ray. To review ordinance No. 6 in fulr, please sLop by the Town of vail Building Department to obtain i copy. - if,u"i. you for your cooperation on this natter. iii Read and acknowledged by: onlRelationship lt tlw /Pe (i.e. contractor, owner) Project Application D ate Proiect Name: Project Description: Contact Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description: Lot Block ' , Filing Zone Com ments: Design Review Board Date Motion by: r.i. ". Seconded by: APPROVAL D ISAPPROVAL Summary: D Statt Approval lp^rn4 G -rs-s'l ?"J 1l ll TorL4'l PARTIAL PIAN- LEVEL THREE fn,t.'Lrr TUFO RESIDENCE Gordon R Picrcc A,la Itdlhrr-h tfl.Cffi3{att -PRnTtFt Wegt gtEVettOlt nl",tr' T t YZ \ 16 ;$aat:ntz, )l-da/., rlav.rtapp 4vN6 &nladcs:A.g'4', :t,) (o SOUTH ELEVATION prxr# l+r=tt'o^ at $ECTION rt T]FO NESTDET*E AIA. -hhrEl Lffirt ner's Fo!lcy American Land litle Association Form B- '1970 {Amended 1&17-70} e I t PoricyNumber AZ 755051 fu{INNESOTA TITLElN rr ^15 rd, \- ,n n .--D l.l,A-CafG t--lr\i-:{n l\\--J' $ AuthoniPJa Signa'ory SUBJECI TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPT|ONS CONTAINEO IN SCHEOULE B ANO THE PROVISIONS OF THE CONDITIONS ANO STIPULATIONS HEREOE TITLE INSURANCE COMPANY 0F MINNESOTA, herein called the Company, insures. as of Oate of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which ' the Company may become obligated to pay hereundec sustained or incurred by the insured by reason oi: 1. litle 10 the estate or interest described in Schedule A being vesteC othenrvise than as stated therern; 2. Any defect in or lien or encumbrance on such tjtle, 3. Lack of a right of access to and from the land; or 4. Unmari(etability of sr.rch trrle. lN WITNESS WHEREOI the said ]rtle lnsurence Company ol Minnesota has caused its corporate name and seal t0 be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be vaiid when countersrgned by an authorized orficer or agent of rhe Company. TITLE INSURANCE COMPANY OF MINNESOTA A Stock Conoanv 400 Secod Avenue Satth, Mnneawlis, Mimesota sWl --'---;-\ . .--":--->&a..f-+' /4,<- a \ tlturrrers Fsrm ?S1? \ File No. VI?E.tz SCHEEULH A Ftrl icv No. AZT5EOSI Anraurrt $1,:OCt, ClCrO, ClC, Addnr'ss Pol icv fiate: frec,:mhen sQ, l?i3l:: 16g1;ttJEH BEtcrH 4.:t7 AT FAGE 741 Na.mc" of Insrlred: PETER F. TUFD AS TE 40 FERL:ENT INTEREIqT, ANN IJARY R. BOSSI]I^, ANB I',IARA R. BOSSJL]I,J AS JOINT TENANT€; Ag TCt 60 FERIJENT INTEREST The estate crr irrterest irr the larrd,lescrj.be,J irr this Echedule arrd rrlhich is cc'vered hv thi_e pul icr i_c: A Fee Sinrple Title t'r the estatc- ,rr irrterest cnvere,J br this pol icv at the date here*f i-c ve-cted in: FETER .F. TUFD AS TI] 4{] FFRI]ENT INTERFLIT, ANN IIARY R. BI'JESI]H AND I'IARA R. EI:'SGCII.J Ag .I0INT TENANT$ A:::; TEI 4c, PER|:ENT INTEREST The land referred t'r in this erl icrr is sitrlatr_-,1 in EALjL.E tlurrrrtr, E:r.r I c,radnr a'trd i_e de_ccrihe,J a_c f sl l c,rus; LET tO' FL.rlCt{ 7, VAIL VILLAT]E, FIRI=;T FILINI], AI:LTFRnINLI Tfi THE RECORTIEtr PI-.AT THEREE|F, I::OUNTY FF EAr.i[.E, :JTATE CIF C,]Lr-IRAI]CI, t2 i *****THIs APPLICATIoN o dr ) DRB APPLICATION DATE:- )1 -'J1 DATE OF DRB I4EETII{G: APPLICATION / NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBI'IITTEDfF}** t 1 I. PRE-APPLI CATION MEETING be resolved before a brrildino oermit is lssued. N lrg lst\rl -.- -\J t\A. PROJECT DESCRIPTIO B. LOCATION OF Address taff member- ls strongly suggested to needed. No application will be accepted ms required Uy ttre zoning administratol). ' e an appointment with the staff to find . P'lease note that a C0MPLETE applica- i: ' r your proiect by decreasing the number tipulate. ALL conditions of approval must Descri pti on ntfu2 a'tocr. Fi'line C. NAME OF APPLICANT: Address D. NAME OF tel ephonel REPRESENTATIVE: ?\ tel ephone building permit is requested. I epho ggc PROPOSAL a5 Legal Zon'i ng Aoaress t MI'IE OF OI.INERS: \-&- e(+ 6c F. Signature Address DRB FEE: The fee will be Paid VALUATION at the time a FEE $ 0-$ 10,ooo $10,001 -$ 50,000 $:5o,oo1 - $ 150'ooo $15o,ool - $ .5oo'ooo $5oo,oo1 - $1,000,000 $ Over $1'000'000 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS 1. In addition to meeting submittal requiremdnts, the_applicant must stake the site io inaicate property iines and building.corners.. I"9"1 that will be removed should also be ini.iia. itris worf must be completed before the DRB visits the . site. Z. The review p"o."r, for NE1^1 BUILDINGS will normally involve two separate meetings oi ttte Desiln Review gojra, so plan on at least two meetings for their approval- to appear before the Design Review Board at their scheduled traue'hol asked for a postponement will be required to be $ 10.00 $ 2s.00 $ so.oo $100 .00 $2oo.oo $300 . oo TO THE DRB: 3. People who fai'l meeting and who republ i shed. 4. o The following items no They, however' have to a. Windows, skylights and simi'lar exterior changes that do not alter the existing Plane of the building; and b. Building additions that are not viewed IIo! any other lot or public space' ; ,nicf, niu" had letters submitted from adioin'ing property owners approving the addition; and/or approval from the agent for, or manager of a condominium associ ati on . S. you may be required .to conduct Natural Hazard Studies on your property. You should check wittr a Town Planner before proceeding. lonqer have to be presented to the Design Review Board. """':i€ Ui piesented to thL Zon'ing Administrator for approval: LIST OF I'IATERIALS M}IE OF PROJECT: LEGAL DESCRIPTION: STREET ADDRESS: DESCRIPTION OF 2.o required for submltta'l by the appllcant to the Deslgn Review can be fiven: OF MATERIAL COLOR -l z'x,G, C4a-r - - C.le#-'-. -Maln. u .^.rt 2-l (e lr1.-< uAzr - ? ^ q ReA\*e,A The followlng lnformatlon ls Board before a final aPProval A. BUILOIt{G iUTTERIALS: TYPE Roof Sldlng Other'tlal l l,faterials \/&one V<.fie.e-f __ _ _ -2r tz- K.?. ?Aar - -tv'*- l|a &Aan - l|+t ctoA -al), *9-- Trash Enclosures ( Greenhouses 0ther B. LANDSCAPING: l{ame of Designer: phone: Botanical Name Si ze* Fascia Soffits Ilindows llindow Trim Doors Door Trim Hand or 0eck Ralls Flues Flashlngs. Chinneys PLANT }IATERIALS: PROPOSED TREES EXISTING TREES BE REI.IOVED Corunot Namg >+r 1J49 2f .or e- L$e-, Pr-u- Quanl ty z_ L lq' 4 tQ' .)---+ I rc Ftc-a-a -"-f'.L'"a avv.tt-t-.--.|- .t l-o O - .(;' + *lndlcate caliper for deciducious trees.Indlcate height for conifers. (over) o . Quanl ty t5_ PLAI{T }IATERIALS: (con'tl SHRUBS Botanlga! Ngne \=)r,-s.+,e<t-. 4arril'rrUhua Cormon Namq J;f=- EXISTING SHRUBS TO BE REIOVED enouno c0vERs Type Square Footaqe Ooo s00 SEEt) TYPE OF IRRIGATIOI{ TIfPE OR I'IETHOD OF EROSIOI{ CONTROL $qo-F FoF -F 1F",^\.\.<r'. - - C. OTHER LAI|OSCAPE FEATURES (retainlng walls, fences, swirming pools, etc') Please specify' \JA,L ot e-fr hlnR' ih, , Ll5 l.jli: J5 \r'Hl_ ID o UTILIfi LOCAf ION VERIF 1CATION 'fhe location of utllltles, whether thoy llnes, nust be approved and vcrifled by aceonpanying slt,o plan. Mountaln Bell I -634-3778 l{estern Slope Gas Harry I'loyes Publlc Serv{ce CotnpanY Gary Hal I Holy Cross Electric Assoc 'Ted Husky/Mlchael Laverty Vall Cable T.V. Gary Johflson Upper Eagle Valley llater and Sanltatlon Dlscrict , David Krenek ttl 'a SUBDIVISION JOBN$tB -.-,(--tnv.Fqn."--l- , . . rm- 4g--B LocK T'| FITING - /,. , . . - a_6f G ADDRESS &65 .t-oeecr ?o+1, tl,+)t.Xtc<1 be main trunk the followlng linee or proposod utititles for the Date s:l"L-r7 UEz * For new const :- * - rvqlease flll out rttsched sheet' I 3:J-G.NY NoTE: Thess voriflcatlons do not rBli€vg the eontlector of his responslblltt)' to obtain a etf,eet cut pormlt fron thE Town of VatI, Depertnent of Public Works and to obtain utlllty locetions before digeing in any public right' of-way or easemont in the Totltt of Veil, A building Psrmit is not I street cut pormit. A gtr€st cut perurlt nrst be obteined separet€If. Ttrls fotn ls to vorify service availabllty and location. This ehould be usod in conJunctlon wlth preparlng your utllity plan and schodullng lnstallations. TO: FROM: DATE: SUBTECT: Planning and Environmental Commission Community Development Departnent February 27 | L9a9 A request for a side setback variance in order to construct a garage on Lot 2O, Block 7, VaiI Village I r. First Filing at 285 Forest Road.Applicants: Peter Tufo and Gary and Mara Bossow DESCRIPTION OF VARTANCES REQUESTED There is an existing single fauily structure with surface parking on Lot 20, Block 7, Vail Village First Filing. The applicants desire to add a second unit to this lot and construct a garage for the unit. fn order to work around the existing mature trees on the property, the appJ.icants have designed the rernodel and addition of the second unit in such a nanner that it will require a side setback variance for the garage. Because the proposed garage is not attached to the proposed dwelling unit, this site plan was presented to the Design Review Board for conceptual reviet'r with regard to compliance with the Design Guidelines. Ttre Design Review Board agreed with the applieant that the existinq trees presented a significant site constraint and that the garage could be separated from the proposed structure and not be i.n violation of the Design Review Guidelines. With this conceptual approval in hand fron the Desig:n Review Board, the applicant i-s proceeding to the Planning and Environmental Commission and requesting relief of 7 feet from the requested 15 foot setback. II. CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section L8.6L.060 of the municipal code, the Department of Community Development recommends approval of the requested variance based upon the following factors: Consideration of Factors: Thd relationship of the reguested variance to other existinq or potential uses and structures in the vicinity. The requested 7 foot encroachruent into the side setback allows for a buffer zone of 8 feet between the garage and the property line. This garage is further buffered by several large existing evergreen trees that are located between the proposed garage and tfre improvements on the property next door. The lot next door received approval for a side setback variance for a garage approximately one year agto. While these two garages are inrelative proxinity to one another,the inpact upon the residential developnrent of tbe adjacent Iot is rninirnal . ed ee to which relief frorn the strict and literal terpre ation o tof S fied lation is necessa toa eve and unifo t of treatnent tes the vic ortoa the o tle without ant of rivil Staff feels tbat relief trom the strict setback reguirernent is reasonable in order to sensitively place developnent on the site. The site contains many mature trees, and the development of the new unit and garage has been placed in such a location as to save as many of these trees as possible. We feel that it is better to maintain the trees and utilize them as a buffer than to enforce the strict setback reguirernents and renove the trees which screen the developrnent frorn adjacent private and public properties. The staff has always been supportive of garages in conjunction with the developrnent of priurary,/secondary property. We feel.that this relieves on-street parking problerns and associated . aesthetic inpacts of surface parking. The effqct of the requested variance on liqht and air, _-_i.=-i-_i-facilities, public facilities and utilities, and public safetv. The staff finds no significant impacts with regard to these criteria. Such other factors and criteria as the cornmission deems applicable to the proposed vari-ance.. IIT. REI,ATED POLICIES IN VATL'S COUMUNITY ACTION PI,A{ 'Under the Comrnunity Desig'n section of the Comrnunity Action Plan, Policy #2 states that, "Upgrading and remodeling of structures and site improvements should be encouraged. rr This proposal upgrades the existing unit and wilt provide for an additional unit, and will add paved access and covered parking to the site. Staff feels that this project supports the upgrading policy. it ta '--la IV. FINDTNGS The PL foIlow and Environmental sion shall nake the ance: v. That the granting of the variance will not constitute a grant of special privilegre inconsistent with the limitations on other properties classified in the same district. That the granting of the variance will not be detrimental to the publ-ic health, safety or welfare, or materially injurious to properties or improvements in the vicinity. That the variance is warranted for one or more of the foJ-lowing reasons! The strict or literal interpretation or enforcernent of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. There are exceptions or extraordinary circurnstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. STAFf RECOIT{MENDATTON Staff recomnendation of the reguested encroachrnent of Z feet into ttre side setback for the construction of a garage on Lot 20, Block 7, Vail Village lst Filing, is for approval . We feel that the siting of the additional unit and the garage is well thought out and has been done to conserve as-many of the rnature trees on site as possibJ_e. lle feel that there are no severe inpacts on adjacent properties and that due to site constraints, this is no grant of special privilege. I \ -6" : 2.O.-prre - 4, .-...: :t ,. ..1 . lrJ '.";-: , lo , -:';i.i o .t:..,:_.ii a 'ii:i-' 61 ,'...,.'.' z A. 1. ADDENDIIM TO APPLICATION The purpose of the setbacks requested (as shown on the attached set of plans) is to allow the construction of a garage for the prirnary Unit A and a garage for the Secondary Unit B on the subject property. A side setback variance is requested for the prinary unit and a front setback variance is requested for the secondary unit. The relationshirr of the requested variance to other existing or potential uses and structures in the vicinitv. Numerous setback variances have been granted in Vail Village First Filing for the construction of garages and off street parking. Because of the unigue character of the area and the steep slopes encountered on the site a front setback is requested for the proposed garage for Unit B. A portion of the garage is located in an area of more than 30t slope and by conforning to the reguired setback the proposed garage would have adverse affects on the drainage located in that area. Regarding the location of the garage for Unit A a side setback is reguested in order to protect a two foot diameter pinetree. 2. The degree to which relief fron the strict or literal interpretation and enforcement of a specified requlation is necessarv to achieve cornpatibility and uniformity of treatment anong sites in the vicinity or to attain the objectives of this title without qrant of special privileqe. In order to remove parking fron the public right of nay numerous setback variances have been granted to allow the construction of off street parking for covered and uncovered spaces. In addition, setback variances have been granted in order to protect large existing trees. on the adjacent lot a front and side setback was granted which allowed a garage to be constructed with a zero side setback. 3. The affect of the variance on liqht and air, distribution of population, transportation, traffic facilities, utilities and public safetv. The granting of the variance wiII remove private parking frorn the public right of vray and will aLlow better access for the fire department and public works division for the Town of vail. In addition, the largest tree on the site will be protected. Addendun to Application Page 2 B. A topographic survey is attached to this Application. c. A site plan is attached to this Application. D. Preliminary building elevations and floor plans sufficient to indicate the dinensions, general appearance, scale and use of aII buildings and spaces, existing and proposed for the site, are attached to this Application. E. Photo copies of Warranty Deeds are attached to verify ownership and all utility easements are located on the attached topographic map. ADDENDW TO APPI-,ICATION ADTACENT PROPERTY OWNERS 1. Parcels A and B, a Resubdivision of Lots L4 and 1-7, Block 7, Vail Village First Fiting. Michael and Susan Tennenbaum L8O0 Century Park East Los Angeles, CA 9OO57 2. Parcel C, a Resubdivision of Lots L4 and L7, vail Village First Filing Richard and Mary Pownall 267 Rockledge Road Vail, CO 8L557 3. Lot 18, Block 7, Vail Village First Filing Robert M. Drisko and litary Elizabeth Drisko 2929 BaLtinore Kansas City, MO 64L08 4. Lot L9, Block 7, Vail village First Filing Williarn H. Brolrn and Claire Brown 575 Hayne Road Hillsborough, CA 94OLO 5. Lot 20A, Block 7, Vail Village First Fi1ing Town of Vail- P.O. Box LOO Vail, CO 81658 6. Lot il, Block 7, VaiI village First Filing Norman llaite, Jr. l-445 North State Parkway, Apt. 24-c Chicago, fL 50610 Application OuP *,,,,ary 30, 1989 PEC MEETING DATE APPLICATION FOR A VARIANCE I. Th_is procedure is required f91 any project requesting a variance. The application will not be accepted until all information is submitied. A. NAME 0F APPLICANT P"t". T"fo ."a c.ry ADDRESS 758 P"t"to P"."h ot PHoNE 476-4880 NAME OF ADDRESS AppLICANT,S RTpRESENTATIVE Jay K. pererson P.0. Box 3149, Vai1, C0 81658 R PHoNE 476-00e2 C. NAME 0F 0l.lNER(S) (type or print):eter rufo and Gary R & Mara R. Bossow Siqnature(s ) ADDRESS 758 Poraro parch Drive, Vail , CO 81657 PHoNE 476-4880 LOCATION OF PROPOSAL ADDRESS 285 Foresr Road D. LEGAL DESCRIPTION LOT 20 BLOCK FILING WI e no-.sfup1folcK # ;!sg] F Rot4 PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT l.ilLL ACCEPT FEE $100 THE FEE MUST 8E YOUR PROPOSAL. F. A list of the names of owners of all property INCLUDING PROPERTY BEHIND AND ACROSS ITNLTTS-, THE APPLICANT l^llLL BE RESPONSIELE FOR CORRECi adjacent to the subject property and their mailing addresses. MAILING ADDRESSES. II. A PRE-APPLICAT-ION CONFERENCE I^IITH A PLANNING STAFF MEMBER I5 STRONGLY SUGGESTED T0 )DETERMINE IF ANY'ADDITIONAL INF0RMTI0N-ri niroeo'.-'to appltceTI0N WrLL BE ACCEPTED UNLESS IT-IS-COMPLFIE (MUST INCLUDE ALL TTEMS REqUIRED BY THE zoNING flPI.INIIIRAISE)._ Ir IS THE APPLicANT's nEipoNlisriiiV-ro Nnrr nn nppcjir,riNEnr l{ITH THE STAFF T0 FIND OUT ABOUT ADDITror,rnr- iueuirinl nrQurnEMENTs. PLEASE NoTE THAT_A_!9MIIE APPLTCATT0N t^lrLL STREAMLTNE THE AppRoVAL pRoCESS FoR Y0uR PR0JEcr eY-oEcREASING-THE NuMBER 0F coNDrrroNs 0F AppRovAL iHAT rHi-pr-nr,rntne AND ENVIR0NMENTAL^cOMMIssI0N MAY sTIPULATE. At-[ coruotrtoNs 0F AppRovAL MUsT BE COMPLIED I^IITH BEFORE A BUILDING PERIIrr_IS_iSSUED.-- -- III. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED: A. A WRITTEN Si4IryEryI OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS: l' The relationship of the requested variance to other existing or potential uses and structures in the vicinitv. 2. The- degree to which relief from the strjct or literal interpretation and enforcement of a spec'ified resuration is.nec.rsary io itr,i.i,. ..rpiiiuiiitu and uniformit-v o{ treatment arions sites in ttre-vittnitJ'or to iilSii';h;'"objectives of this tiile without grant or speiiii-p"iuir.g.. OVER Vari ance O -z- ' 3. The effect of the variance on ll,,r.+ -_,traniportat ion, iriiiii'?;.?r, l] :!: i''.' ili;,f , ril, ir;r?: rirlrgr, u., on,B, f..topographic 3nd/or improvsps-. -DJ a colorado-'licensed:;;;;;:'".survey at a sca'tp.ol-ut_least 1,,- 20, stamped ments, includins grudJs-ind-iil,,]llly9itg^locations rut,luijru":l:,ln:r[:.li::i]"yiluii:.,:ilii.:iftli:,llfl,tliil,i;:;:j;,. C. A site plan at a scale of at least .|,,= 20, showinc buildings. ! v' "'' " J existing and proposed D. AII preliril:1, building etevations and floor ptans :ffi,iiffi'.:;:';i,jj*j;l,.iE:;iilit, itir.'ti:' il:':i:ll';lil:,:;,':::.:;:.", E. A preliminary title report to verify ownership and easements F. ll.l!: proposal is Jocated in a associaiiol.,, then written uoorJ,,TYl:llluTjly develo p"oiuei ,,,r o.-,.."iu.i,,uy"t'nt j;n":?:"i:il!jlri:l'lllillgii!,:fiif"""."' G. Any additional material necessa oetermineo-by the .oning"ifii;;l{":;;"::e review or the apprjcation as . ,l:1,. jt,srior modi f i cations, an i waived bv the zoning-aami';ir#.;Tf:"vement survev and site plan may be IV. Time Requirments ii.";iilnlrllno^Environmentar commission meets on-the 2nd and 4th Mondavs f5i, i lii n il;:. *ix : iTi :i: d:!ffi t lj;|, {:ii;iti,, :;; I rurl tiriTiT#'*, e . r, h *Hl ;lmlliij/iii.:x".::$T:l"i; if, :, ;i:tift; tu*tnl:.1,.0{,t:; iilii:,, n_ -r';. \',,''- ,5 \r !t: , I}$rlil ;::""t "*": "tO .'r'o' tr-, !t-",",C.._ E@IDER. THIS DEED bett een I,RRGAREIT GILI,N\T BASS GILilN of the l'lade thi s day of Od.eer 3L, 1988 CfifLDmS AISO Kl.rcffi{ AS Coulty of I{ARGARET ATIN ord Strtc of 3$0380 x:2w JA {J lr tif T l.ft^ F H til I FS iArL[ orY.,lteontEn l{ru 3 Colorado, of the first pert, 8rd PETER F. TTIFO t_64 EASI 72ND STREEI, NE9r YORK, NEl{ VORK. L0021,t*rose Iega( address is of the County of and St8te of Colorado, of the secord part: UlrNEssETH. Thst the said party of the {irst psrt, for and in cmsideration of the srrn of C['IE I\[fTr,TON lI,lO ]IUNDRED IIICIISAI{D AI.ID NO/LOgl}Is********************************* DolrARs, to the said psrty of the first part in hand p6id by the said party of the second p€rt, the receipt Hheneof is hereby ocknoHl'edged ard con{essed, has-bargained, gronted. sotd ard conveyed, and by these pre$ents doei grant, bargain, selt,convey ard confirn. u)to the.said party of the second part. his heirs erd assigns forever, a the fott;ring describcd lot -or Faj,cil_ - of lard, situatc, lying and beirp in the County ot .E;llltlJtj and State of Cotofado, to r{it: Ig!_Lq, -ProcK_?, EI!_VILI4@r_qIRsr FTr,n{G, AC@RDTNG fO TfrE REORDED plJff lr{ErmF,cctrNly oF EAGLE; Sr}fIE OF OOI"oRAm. assigns, that 8t the tire of the enseal ing and det ivery of these presents, tre is rltt ieized of ttre pcemiels eLve conveyed, os of gooJ, sure, Perfect, absotute and irdefeasibte esiate of inheritance, in tae. in tec'sirDl.- ,.d h . conveyed, os of gooJ, sure, perfect, absotute and irdeleasibte esiate uf t6nce. in lae. in fec siflplc, lrd has atso knorr as street nuber 285 FOREgf ROAD - \AIL @IORAD 8L657 TOGETHER Hith atl' ard singular the hefeditanEnts and apFrrtenanc€s thereto betonging, or in anywise appertaining, ard the reversion anc reversions, renninder _ard remainders. rents. issues and profits ttr"i"oii and att ihe esillie, rigtrt,'titte interest. claim ard denard rhatsoever of-the said party of th; first part, iither in lar or equity,of, in r.to'to r"above bargoined premises, rith the heredi taments and appurtenonces. T0 ltAvE AllD To H0LD the said prenises above bargained ard described, Hith the appurtenarces, unto the said party of the secord Psrt, his heirs anJ assigrs forever, Ard the sBid party.of -the first p"rt,'tor hinrseti, his heirs, "*""uao.",ard - 8dni nist rators, does covenant, grsnt, bargain, end agree io ard rith the said paity of the second p6rt, ii; heics and right,. futl potrer ard l8rfut.authority to grant, bsrgain, sel,t lrd cmvey the sam in mamer'ard form as aforesaid,thst the saflre are free ard clear fron alt former and other grants, bargsins, sstes, tiens, tsxes, asses$Ents End encurbrErres of Hhatevef kind or natufe soever,D(CWI GENERAL TNGS AND ASSESSMEIUS fOB II{E YEAR 1-988 AltD SUBSE$JEX\II yEARS,, SEE gItrBIT IIAII Af,IIACI{ED HREIO A}ID }ADE A PAKr HEfrmFr 9ood lnd ard the aboved barga i ned Essigns agai nst 8tt ard of the first part shatl singutar, 6rd the use of III I,|ITNESS UHEREOF, r.r i tten. premises in the guiet ard peaceabl,e possession of said party of the secord every person or persms laxfutty ctaiming or to claim the r.hole or any part and vitt uARMtlT AND FoREVER DEFENO. The singutar nuber shall irrtuOe ihe any gerder sha(t be appticsbte to s(l genders. the said psfty of the first part has hererlnto set his hard and seal the day snd fi r8t above (sEAL) part, his heirs srd thereof, the said psrty pturst, the ptural the STATE OF COLORADO county of E )+CL - (sEAt) (sEAL)I > ss. I The foregoing ins t rment ,by !!\RGARFI GILLIN ily cocrnission expi res LAND IITLE GUARAIITEE COI.IPAIIY 3033 EASI FIRST AVE. #600 DEIyER, mIOR,ADO 80206 this day of October 3i-, L988 ANN BASS GILLIN - /'7 ,Of / .uitness my haM and of f iciat seal, otsFy Pubt ic Company Land Tille Gruran*cc Form 932A COMPUTER IJARRANTY DEED.FoT photographic Record EscroH # I2597V Titte# ].2597 Denvcr, Cclcrado 80206 { - tL511 : .HegrBtrT "A" RIOHT OF I.IAY FOR DITCHES I,NITED STATES AS RESERVED L?23, IN BOOK 93 AT PABE I 2. 1. RIOHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND RE'IOVE HtS ORE THEREFRO'I stlouLD Tl€ sAllE BE FUJND T0 PENEiRAii m tNTERsEcT THE pREr,trsEs As RESERVED lftl LNITED sTATEs PATEI{T RELotiDiil ilrtenber tq, t?zg, rN BooK ec AT PAOE '8. OR CATTIALS CONSTRUCTED BY THE AI.'THORITY OF' THE IN LilITED STATES PATENT RECORDED ScetcmUen iq,98. F€STRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAI.'gE,BUT ol'ItTTING RESTRIcrtoNs, tF ANy, BASED oN RACE, coLoR, RELIoroN, oR NATIONAL ORIOIN' AS CONTAINEI) llf tt{stRt.f,{ExT Raffioio Aururt tor t962, Ir{BOOK T74 AT PAGE 179. UTILITY EASEI.IENT TEN FEET IN }IIDTH.ALONO THE NORTHERLY LOT LINE OF SUB.JECT PROPERTY As sHotJN oN THE RECORDED PLAT oF nnrL-villAoE, FIRsT FrLtNo. LnIDERSROUND RIGI{T OF T{AY AND EASEI,TENT A5 ASSOCIATION, INC. I,N INSTRUI.IENT RECORDED 9€3. tl3 I+. q ohnrureo To HoLY cRoss ELEcTRIc ATJGUST 8, 1974 IN BOOK 235 AT PAGE ) \ t-. PAGE 3 Recorded at TI{IS DEED, Made this between PETER SPECIAL WARRANTY DEED d?J 4t{) a,v"r DeAu,r,*tp,, , re8tr, F. TUFO , ,o,""tolnlo,o.o", granto4g, anl GARY R. BOSSOW Al{D MARA R. BOSSOI'i, as Jolnt Tenants 758 Potato PaEch Road Vail , Colorado 81657 ,, ?r3) t ::W , i I Ii'J E { {: -tt'}h i'f' tte lfl 12 :l Pil'Bt Dote: 8/.9* County of EagJ-e whose legal addrcss is CO dr Fl of the County of Eagle State of Colorado, grantee(s): Stote Doc. Fee WITNESSETH, That the gmntor(s), for and in consideration of the sum of Ten Dollars and good and other sufficient consideraElon the rBceipt and sufficiency ofwhich ishereby acknowledged, ha s granted, bargained, sold and conveyed, and by thcse prcscnas do es grartl, bargain, sell, convey and confirm, unto thc grantee(s), theif heirs and assigns forever, all the real Pmp€rty! together with imProvements, if any, situate, lying and being in the described as follows: County of Eagle . Stat€ of Colorsdo, An undivlded 607. ir'tere s t in and to the following: Lot 20, Block 7, Vail \ti11age First Filing, according to the recorded olat thereof, County of Eagle-, State of Colorado. considerattion less than $500 ' 00 also known by sEeet and number as:285 Forest Road, Vail , C0 81657 TOGETHER with all and singular the hercditaments and appurtenances thereto belonging, or in anlrise appertaining, and thc rcvErsion and revenions, remainder and remainden, rcnts, issues and profits thereof; and all the estate, right, tiale, intercst, claim and dcmand whatsoeYrt of tbe grantor(s), either in law or cquity, of, in and to thc above bargained premises, with the her€ditarnents and appurtenances; TO HAVE AND TO HOLD the said prEmises above bargained and described with the appurtenances, unto the granteels;, theif heirs and assigns forever. The grantods), for him s.t f , his hein and personal representati\€s orsuccessors, do e scovenant and agree thal shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceablc possession of the grantec(s)' heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the granto(s). IN WTNESS WHEREOF' the grantorls) ha S DOLLARS executed this deed on the date set forth witness my hand and official seal commission expires STATE OF COLORADO .Oo County of \d.lA^Q The foregoing insuument was acknowledge{f lore me this bY Peter F. Tufo. l" ddjo'n ftly Commhslon Erpires Feb. S, l9g9 *lf in DenYer, insert "City and," tffitrf,ffi NO. 16.Rev. $E5. SPECTAL WARRANTY DEED Bradfod Publhhing.5825 w.6rh Avc., Lrkcwmd. CO 80211*(l0l) 231-69m v lLsTl IIAME OF PROJECT: LEGAL DESCRIPTION: STREET ADDRESS: DESCRIPTION OF LIST OF MATERIALS D Zab tso reguired for submittal by the applicant to the Design Revi*r The fo1 I owl ng Board before A. BUILDING Roof Sldlng lnformation ls a final approval can be fiven: OF I'IATERIAL IIIATERIALS: TYPE ,/ Fasci a Soffi ts I'lindows t{indow Trim Doors Door Trim Hand or Deck Rails Flues Fl ashi ngS Chimneys Trash Enclosures ( Greenhouses 0ther B. LANDSCAPING: Name of PLANT ]i'IATERIALS: PROPOSED TREES 0ther fall Materiult *ene-- Y<.hee-r zx rz- R.4. c<Aar tx 4 ]|a &An- --_.t-Yl*t- ctoA AA, o-9-. Z x,a Ce4zr ? x 6 Re)w"'A - (9 *a,a,-L- Des i gner: phone: Botanical Name F*un Si ze* tq' rl lo ^,IO .t tt ,l-o A Quani ty 4 T + L O I EXISTING TREES BE REI{OVED I deciducious trees. n ?tr o et coni fers . (over) Cormon Name *Indicate caliper for Indicate height for d'+ ' PLAI{T ]IIATERIALS: (con't) SHRUBS EXISTIIfr sHRU8S TO BE REIT,IOVED GROUND COVERS o Botanical Name Cormon Name o . Quanity l5 Si ze Q.,-o+€st-Caer6 \r1^ \ ''? Type Square Footaqe C.ar-+)r..,- Kl*:* Gr^.*.-' IOeo h SEED TYPE OF IRRIGATIOI{ TYPE OR METHOD OF EROSION CONTROL C. oTHER LANDSCAPE FEATURES (retaining wal'ls, fences, swirming pools, etc.) Please specify. 'one- .rlo,\^!,€Lq-O,* 5?q s00 o^Y E.t PBo$n.- AGREEMENT This Agreement made this 2L auy ot /fureeu^-4,ar,-, 1988 by and between Peter F. Tufo 1"Tufo"]-wE,se-addreEE is 164 E. 72nd Stieet, New York, New York 10021 and Gary R. Bossow and Mara R. Bossow (collectiveIy referred to as rrBossowrr) whose address is 758 Potato Patch Drive, Vail , Colorado Bl-657. WHEREAS, Tufo has purchased Lot 20, Block 7, VaiI Village First Filing, Town of Vail, County of Eagle, State of Colorado ("Subject Propertyrr); and WHEREAS, Bossow desires to purchase an undivided sixty percent (602) interest in and to the Subject Property; and WHEREAS, Tufo desires to seII such sixty percent (60%) interest to Bossow in the Subject Property; and WHEREAS, the parties desire to redevelop the Subject Property according to the following terms and conditions. In consideration of the rnutual covenants contained herein the parties hereto agrees as follows: 1. Tufo agrees to sell- to Bossow an undivided sixty percent (602) interest in and to the Subject Property for the purchase price of^5625,900.00. Such sale shall occur on or before the 2g=_ day of Ila-.-"',{rc.t- , 1988. The parties agree that in addition to the SASS,ooo.oodossow shall be r-esponsible for 602 of aII architectural, engineering, surveying, attorneys fees, closing costs (including the Town of VaiI Land Transfer Tax) and 50? of the financing fees, (as such financing fees relate to the borrowing of 9625 t 000 by Tufo) . The financing fees to be split are as folLows: I/22 origination fee and per diem interest charges at l-0? per annum from and including october 3I, 1988 through November 27, 19BB and L0.5? from and including November 28, l9BB to the date of disbursement of funds frorn Bossor+ to Tufo. Bossol^/ shall be entitted to 60? of al-I credits received by Tufo at the closing on october 3l-, 1988 for the Subject Property. 2. At the tirne of closing Tufo shall deliver to Bossow a special warranty deed conveying an undivided sixty percent (602) interest in and to the Subject Property and Bossow shall deliver the sum of 5625,000.00 ptus aII costs set forth in paragraph 1, less any credits due to Bossow in paragraph L, in cash or certified funds, to Tuf o. "- 3. Tufo and Bossow hereby agree to mutually improve the Subject Property based upon the following parameters: a. Bossow shal-l be entitled to develop a prirnary residence Unit 'rAtt along with the permitted carage Unit rrArr to be located upon a portion of the Subject Property in conforrnity with the site plan and architectural etevations and floor plans attached hereto and marked as Exhibit I'Ar'. fn interpreting such site plan and elevations at the time final plans and specifications are drawn the foLlowinq criteria shall be adhered to: ( i) the eastern facade line of Primary Unit rrArl (including all deck and patio areas) shall not be moved further east than as currently shown on the site plan, and Bossow Agrees to use his best efforts to move such easterly line (as shown on the attached elevations) to the west approximately three feet; and (ii) the eastern facade shall be constructed in conformity with the attached el-evations and no changes shalL be rnade unl-ess recommended and approved by Gordon Pierce, Architect; and (iii) The northern and western facade line of Prirnary Unit |tArr shall be in substantial conf ormity with the attached site plan, however, changes in such facade lines may be made pursuant to changes recommended and approved by Gordon Pierce, Architect. Tufo nay at his discretion apply for a variance from the Town of Vail to allow the construction by Bossow of Al-ternate rrArt Garage Location. If Tufo is successful in securing a variance in a tinely fashion, Bossow agrees to use the Alternate rrAtr Garage Location rather than the Permitted carage Unit rrA" Location. The cost and expense of such variance shall be shared 60? by Bossow and 402 by Tufo. b. Bossow shall be entitled to the use of sixty percenL (60?) of the allowable GRFA for the Subject Property as defined by the Town of Vail Zoning Ordinance and Tufo agrees to make necessary al.terations to Unit B to accomplish such entitLement within the necessary time frame of Bossow's devel-opnent. c. Tufo shalL be entitLed to redevelop a portion of the Subject Property in conformity with the site plan as set forth on the attached Exhibit rrArt and narked Secondary Unit 'rBrr and proposed Garage Unit rtB[. Tufo shall be entitled to forty percent (40?) of-the allowab1e GRFA for the Subject Property as defined by the Town of Vail- Zoning Ordinance. In addition Tufo shall be entitled to any square footage altowed by the Town of Vail for structures that are more than five years oJ-d. Tufo shal-L be entitled to futl use and ownership of the existing structure located on the subject property. If the Town of VaiI does not allow the proposed Garage Unit lrBr? to be built then Tufo shall be all-owed to construct the Alternate Garage in the location as set forth on Exhibit I'Ar'. ff such Alternate Garage Iocation is used, Bossow shall give to Tufo an easement for ingress and egress across Parcel A to such Alternate carage. d. Bossow agrees to pay for all improvements and other costs and expenses incurred j-n the redevelopment of Parcel trArl (including all costs associated with connecting the primary residence to the secondary residence). e. Tufo shall be responsible for the payment of all modifications of the western facade,of the secondary unit in order to match the exterior of the primary residence, and to match the remaining portion of the secondary unit in coLor to the prirnary unit. Color selection and the western facade rnodifications shall be designed and selected by Gordon Pierce,A.I.A. subject to reasonable review by Tufo for interior impacts. Such modifications shall not exceed the sum of $10,000.00 without the consent of Tufo. f. Tufo shall be responsible for all costs associated with the redevelopment of the Parcel B except for the necessary connection between the two structures which shall be paid for by Bossow. g. Bossow agrees to keep all construction activity in an area Located to the west and north of the secondary unit and will not bl-ock access to the secondary unit rrBrr. 4. Each party agrees to indennify the other party against al] costs and expenses including reasonable attorney's fees which either party may incur due to the construction and related activity by the other party. 5. Upon conpletion of the primary Unit rrArl foundation both parties shall- immediately cause a subdivision plat to be drawn and aLL necessary approvals applied for to the Town of VaiI to subdivide the property in confornity with the division line between Parcel A and Parcel B according to the attached Exhibit trAn. 6. Tufo and his assigns shall be entitled to a right of passage across the cross hatched area marked on the attached Exhibit ilAtt, and both parties agree to execute documents necessary to effectuate such t'right of passagett. 7. If Tufo sel-1s the primary unit for Bossow, Tufo shall be entitled to a six percent (62) finders fee if such contract is submitted prior to any tisting agreement entered into by Bossow. 8. ff Tufo sells the primary unit after a listing agreement has been entered into by Bossow, Tufo shalL be entitled to a four percent (42) finders fee. 9. Both parties ag'ree to cooperate in a final landscaping plan in order to shield each unit from the other as far as practical . 10. Both parties agree to execute a party wall agreernent whereby each party is responsible, as far as practical, for the maintenance of his own parcel and all irnprovements thereon. In addition such agreement shal-L contain a covenant that Tufo shall not construct any improvernents whether temporary, permanent or removable east or west of Secondary Unit rrBrr except as indicated on . the attached Exhibit rrArr. In addition Bossow shalI not construct any improvements whether,temporary, permanent or removable to the east of Primary Unit rtA'r or in an area to the west of Secondary Unit rrBrr except as indicated on the attached Exhibit rrArr. 11. Both parties agree to cooperate with the other in order to facilitate the redevelopment of the subject parcel and to execute all documents conveni.ent and necessary in order to effectuate the subdivision of the property when possible. In addition both parties agree to not remonstrate against the other party at any public or private hearing or meeting with governmental authorities when a party is seeking approval in order to carry out the tenns and conditions of this Agreement. Both parties further agree as follows: It is the parties intent to redevelop the property on a 60/40 basis as herein stated and inorder to construct and conplete such development both parties agree to assist the other in any and atl- ways necessary (except by the expenditure of funds on the behalf of the other) to accomplish such goa1. ft is expressly understood by both parties that as long as the other party is working within the pararneters of this Agreement and the attached exhibits the other party agrees to give up any and all legal rights and renedies which would stop or delay the other party's portion of the development. J-2. Prior to subdivision Tufo shall be entitled to mortgage the subject property to secure a promissory note up to the sun of $500,000.00 and Bossow agrees to execute such Deed of Trust. Such Deed of TrusL shalI contain a partial release clause which allows for the reLease of Parcel A when the Subject Parcet is subdivided in conforrnity with the division line between Parcel rrArr and Parcel rrBrl according to the attached Exhibit rrArt. Tufo agrees to indernnify Bossow against any-: damages including reasonabte attorney's fees which Bossow rnay incur due to the execution of such deed of trust. l-3. Either party shall be relief from the Eagle County violates or refuses to adhere Agreement. The prevailing party to reasonable attornevs fees act ion. entitled to affirmative or injunctive District Court if the other party to the terms and conditions of this in any such action shall be entitled and all costs associated with such L4. This Agreement shal1 not be assigned by either party unless a party dies in which case the heirs of such party may assign this contract. Dated tnis Z?-.day of STATE OF COUNTY OF COLORADO EAGLE ) ss. t' ^ The foregoing Agreernent was acknowledged before ne tnisJJVday of QDJAfa4"-t- -, l-988 by Gary R. Bossow and Mara R. Bossow- Witness rny hand and official seal. My conrnission expires on: ()3/ 0 9 /tq tg Bossow I STATE OF COUNTY OF )) ss. ) - +S foregoing Agreement was acknowledged before me this.eil"&"y of QDor-r*ztr.l^ , l-988 by Peter Tufo. Witness my hand and official seal . My connission expires on: a /S? | ttl: March 4t L987 !.trs. l4argaret Gillin 755 Park Avenue Nes Y6rkr New York 1002I 2L2-937 -7L52 I.{r. Thonas Braun Senior Planner Town of VaiL 75 South Frontage Road VaiLr colorado 81657 Dear Mr. Braun: Thank you for your letter dated February 26, 1987, informing me of tlre trred tagt action taken. Please keep me informed of, all proceedings concerning the Prisko garage. I appreciate the attention given to this matter. Very truly yoursr rgaret GiI] 75 soulh lronlage road Yail, colorado 81657 (303) 476-7000 February 26, l9B7 Ms. Margaret ci1lin 765 Park Avenue New York city, New York 10021 ofllce of communlly developmenl Re: Lot l-8, Block 7, VaiI Village First Filing Dear Ms. Gillin: I had an opportunity to inspect the Drisko garage thi-s past week. It was the impression of myself and our Building offj.cial that as constructed, the garage appears to be encroaching into the required side setback. As you may reca1l frorn our phone conversation, the Planning and Environmental Commission approved a variance on September 8, 1986 to allow the garage to be located within 5 feet, 9 inches of the property 1ine. The Town of Vail Building Department has issued a rrred tag'r on this property. This action prohibits any further construction until a property improvement survey is subnitted to our department to verify the precise location of the garage. Decisions on any further action by the Town wil-I be made following the confirmation of the garagers location as provided by the irnprovement survey. PLease do not hesitate to contact rne with any questions you may have. sincelely,A"^* &t-n *---- Thornas A. Braun Senior Planner TAB: bpr