Loading...
HomeMy WebLinkAboutLIONS RIDGE FILING 4 BLOCK 1 LOT 1 LEGAL FILEDesign Review Action Form TOWN OF VAIL Proiect Name: Anderson Residence Project Description: Minor altcration and intcrior convcrsion. Owner, Address and Phone: Todger Anderson, 1160 Sandstone Drive, Tel: 970.476.7766 Architect/Contact, Address and Phone: Bill Wunderlich, P.O. Box3226,Littleton, CO' 80161. Tel: 303.771.0915. Project Street Address: 1160 Sandstone Drive (File shows I175 Sandstone Dr.) Legal Description: Lot l, Block 2, Lionsridge 4th Filing Parcel Number: 2103-014-19-001 Building Name: nla Comments: Interior conversion of space that was previously deed restricted. Agreement with TOV for interior conversion approved. Revised plans(ilo pop-outs and storage) submitted 3n7t98. Board / Staff Action Motion by: nla Seconded by: nlz Vote: nlt Conditions: nla Town Planner: Reed Date: 3llil98 Action: STAFF APPROVAL t:'.E v'LRYO\.'E\DRB'APPROVAL\98\A NDRSN.w PD DRB Fce Prc-Paid: $20.00 i I'-t. 532 F. t a : tla, tl :.sSrGlI SBvriilf Eot8r ilF i-; . . ' crli ' t0tEl SY Vlr!, COIOR|IDO -. '.. RIIEIVED; " ;;,'j. & iJ ! I ; .J MPETINTj ; rr*!n|!l!lll I$Qlif ,-rL{fl--dPl&L1,1., .'?.,9-{+v'J4gsB SGHED4EP-!O!-#E9Iff. rrr{irfl?tli L'ROu ir lr TNFORi{i'l I','1r L- "!J- , li-Flv -l'l l{, ! i;:-: i!!,"rHUii ,.','r,t -X..:'!.-,,.L.( AILc;.Llo$ ($20-,00) -j.-co;lce iLuai R(rvlst ($0) 3 :iled i ,' rrii bojadt lcgal r:1 s 6er ';: te girr'etl afld abtACh a_ i,?, i i't r 4 j,-l;r, i$s i t, .f' . 4" +l -i. dofuv t^Avb tr;,sff1opu W "",;-,JSED .:J,YAtrURfi ],';ii 6boi'e,l ai:e io he iii -' ..r i,:e r DHB apDtLF,'r ilo:!. LJaterr '',rsn 'tE pErrl-l.:, plba*e r'lenE1:ly r:L nceuEage '-'":tri$ll :lilij T*. r aL 'i".l trtl !I 4.lrr'rt :.' . fa4ie bel', l', ' a e Lhe c. + ;rl ,.3,J $ 50.00 0200. 00 s400,00 0500.00 UD| - 6/q - /? -otfl' t^ftb', Il7€W .l .i i.".. ".'idll: t' i'r, .-, L. l,r !.r - : iil+,fil 1:i :: I:i',' H&-giff 'Wzyo _-Wrtl^_* ^* Vaif , qtorak|, rf ,.!L:pf,jj:,- -,199.:ao- is.eri{:-H.:" . ,--pyrfi:M5 -;--3 -'. _:; !)J;,!:::',li. r'.1,llirguirIcN I 0 - I 10, 'lo0 I : {r, 0*I f 50,'})C i i1.J;1 $ 150,:ll','r,,t.0Qt - $ 500,ilrc jr:ri.v,001 ft,00c,0sc O','ev $1. 000 . ooc 1J.;E3H EO,l:ji: APgRO?lIr 81FfnE8 QntE VEAR ll9llER FIrll.I, ' . IJIIY 'i .ir :.lJiT.dlIIIG P:SEI{I[ Ig IggUED IIID COr{ltrRIICllrON ;Ili -.-r; r :r i r_:t j:::15 F F i;E . rj.l0 rl FfE. 9.1956 1e: afFm 'at"=.-;'.=r'ro.5:z ?,9 rrrlFa ?/la,'ra ' DSEtr(sI EEVlEt{ EotSl arpr,icrtrolt ', Totls oP v}r!r colJolt'lDo DI\TE RF:EMDi --.-....--DITE 0P DRE MEEr${Qt l Aavft^')$, *t*t?ttil I JlrcoMEur4arPP&rcA?5dlvp t4-v--ngr l'E scREDDpEq g" rE 't*t*ttttta ptorEcr THFOR.qATJQN: Dlsc*lFrloir! Fin i a f,. B.IYPE 0F REVIfihrs -}Iew constsucttoD (9200.00) J-Vrnot AlLoEatlon {$29.00) ]Jddllfon {f5O,00} -'-..conceoeuaL Rovleu ($0) .qDDREBB r Z,ONING t l{AvE'0F lra111[g ?-r ,'PFIrICAl.lf, Addrae e : G.N l,rs oF uaillng ug$cE or ONER(9| i !l IJEnAIJ DEFCRI?qION| r.,oE =-L-. -E19cB 8ubdl,*riolon Andj.VSaYl ' Fr?rlL. t tct nn -- If Fropqfty Ie' dercrlbedl by a neebs and bou!'tdt logatr aea!.rtiit jon. ploasg provlda cn .l deltaraLe shee! and abtaah ro lhle apptlcaLlon, \ rrilrgerrols p.rgl rJo? EB piocassgD vt?swr oHNER,,g srgrlf'rrns C:ondcnrin iun Applova] {f appllclble.' DRB l'sE! DRF SeeE, aB FhcwB above,l are co be ptla at lhe binre of submlLgar of tbs DHr aDDt!,baLlon.' tJater, whsn apDlylos fsr a bulldtng pernlt, pibase ldenblfy Lbe acsuraUe valuatton of th6 Fropogal. Tbe ro.#r cf vail wll.L taIJuEt ghe fea accordi$g !o Ehe t€ble belorv, go ereure Lhe corrccL feo ls Dald. sBE-EA.rDr t loo' oo enrer-Hr . nlglr;. -4^24-nvt FEE SCrfEgyIiEl. william a. wunderlich ll pager 266-8939 / tr group p.o. box 3226, littleton, co. 80161 303-771-091 5 VSl,lrABI0N s 0-s 10,000 110,001 -l 5oro00 050,001 -$ 150,000 tlsorool - | Soo,ooo fsoo,oo1 - 01,ooo,ooo I over Fl,000,000 M BOARD AF9ROVIJ.' IXFIREB llllfg A EuILDrt{G 8s8$rr rg FEE I 20.00 $ 50.00 g!0..4.0- 0200.00 0400,00 0500 ' 00 ONE CEAT IITTER ATT{AI. rgsg8D tlro coNguRucsroN glnY8R{91_EIFrr?A".gSE, trtrD O tOO trarclJ a o ft/,t -.r ta ----fl I mn t/ BrR.A{._iN ASSoclt,\TtEs, ilNC. PLAN N lN G and COl"1l'luNlTY DEVELOPIYENT January 29, 1998 Mr. Tom Moorehead, Town Attorney Town of Vail 75 South Frontage Road Vaii, CO 18657 RE: TodgerAnderson/DeedRestriction DearTom: As per your request, enclosed you will find a copy of the recorded Repeal of Title Restriction for Todger Anderson's property (Lots I & 2, Block 1, Lion's Ridge Subdivision, Filing No. 4). I have also sent a copy of this material to Mike Mollica so he can get a copy of this document in the Community Development Department's file for this lot. Thank you again for your help in resolving this matter. Best regards, 'G^(^^*-Thomas A. Braun, AICP cc: TodgerAnderson MikeMollica l'linturn lronworks Building 201 Main Street, 2nd Floor Post Office Box 775 lYinturn, Colorado 81645 Phone - 970.877.5797 Fax - 970.8275507 2 j,r o REP o N -9 5-3 EAL OF TITLE RESTRICTIO WIIEREAS, Todger Anderson and Mary EIIen Anderson ("the Owners") are the owners of property described as: Lots I & 2, Block l, Lion's Ridge Subdivision, Filing No. 4, herein leferred to as the "Subject Property"; and WHEREAS, on December 21,1990 the Owners placed a title restriction on the Subject Property pertaining to the future use ofcertain interior spaces with the residence located on the Subject Property ("Restrictions"); and WHEREAS, paragraph 4. of the Restrictions allows for the termination of the Restrictions by written consent of both the Town and the Owners; and WIDREAS, the Town has adopted amendments to the Town's zoning code which eliminate the need for the Restrictions on the Subject Property. NOW, THEREFORE, the Owner and Town hereby consent to terminate said Restrictions pertaining to the Subject Property. PROPERTYOWNER:tf509t 0l/21/1998 OIIZQP 372 Sere Flrhm I o0 2 R tt.OO D O.OO ]l O.OO Ergle C0 ACKNOWLEDGED ill|ilil|il ilil[ lillil lilrilt illllr ilr l]ll ill [] By: By: odger Anderson o o ll I , l '- I d v 2 I {'! ,til, ,,-l II 5 fl TOWNOFVAIL ACKNOWLEDGED The foregoing instrument was acknowledged before me this ./fiay ()f l) c' c .,^1t,,1991 By: by Witness my hand and official seal. My commission expires on: lnne E. $t{et! ilohtyRttlc Mr Commlssion Ex*res 617'199!l - 75 S. FroenaSs Road I ||lilr lllll llllll llllll ll llmffil ilLlllll llll llll bl-std5c-oll2t/1998 04r20P 3?2 sre Flrhr z ie z R rl.0o D o.oo N 0.00 Eeglr c0 o:mli)"i#h PETER JAMAR ASSOCTATES, rNC. PLANNING . DEVELOPMENI ANALYSIS . RESEARCH TDR ORDINANCE Preliminary Outline Purpose To allow tbr the transfer of GRFA from one lot (or development parcel) to another provided that the future development of the sending lot is permanently restricted and that the development of - , GRFA on the receiving lot comply w;ith all applicable development standards and provisions of this crdiniLnce. GdN\ For examplc - lot A is undeveloped-, but is.z.oned_to allow for up to 2,500squarefeet of t'..,.,k, tf GRFA. In er-charge for permanently restricting the future development of lot A (the t+- sending lot) , lot B (the receiving lot) may construct up to 2,500 square f'eet of GRFA in addition to what lot B is permitted by zoning. - | r.r6^sd*. l4- l^q"$3o^c1 *d'f $"Sqd. Major Foints or ordinanc" Wtd;hrfkt"*a-trn^$er,p tlr-- 6nril ogl ?t4- R,.l'0-'ti_{tto" \J frunr i Pzr''irir*rf"r r#A.'"#^""'q n Fuiiiie developrnent o[ the sending parcel shall be restricted by consen'ation eilsement, plxtclt'txlal' de'ed restriction, transfler of title, or other means acrceptable to the Town. " On!)' GRFA can be transferred - no transferring of units, garage credits, or 250 Ordinance sqrlare lOota8e. ' Transt.cr is onlrr avaiiable to single family and duplex develop*"nt. ] n Sending lots must be located within the Town of Vail. ' Sendlng lots must be totally undeveloped, no unused portion of GRFA on an eristing developed lot can be transferred. o An eristing home cannot be toi'n down to "cralte" an undeveloped lot. u There can be.only one tecciving i<it, GRFA from a sending lot cannot be split betlveen two oi more receiving 1615. -1i."1t'11 . Transfers can only |re done once. o 'l'lre de.,'ek4rrrent of additional CRFA on the receiving lot shall cor.nply rvith all applicable devel<lprnr:nt stirndards urd the provisions ol'this ordinane@. * 64;{{ c\0 t'Yr (L rorr&t\q ' . Reciivirrg tots rnay iucoriiomte additional CRFA one o[ three rvays: 1) wittrin the li x m ol' arr existing building, 2) by arldiirg t{r ali cxisting building, 3; as neu' c(--'nstruciion. Suite 204, Vail National Bank Building 108 South Frontage Road west . Vail,Colorado81657. (303) 476-7154 In order to minimize bulk and mass, more restrictive setbacks, building height, and site coverage standards shall be established for receiving lots. Since this additional GRFA is beyond the lot's "development by right", additional design standards could also be adopted for new consfuction or additions. These standards could be written similar to SDD criteria and be designed 0o address potential impacts on adjacent lots (views, etc.). If a receiving lot currently exceeds allowable GRFA, the excess GRFA shall be subtracted from the sending lot's GRFA. For example, GRFA from the sending lot is 2,500. The receiving lot is currently developed at 500 square feet over allowable GRFA. Only 2,000 square feet can be added to the receiving lot. PEC and or Council shall review $all Cnfa ffansfers. Pros and Cons Pros 1) This proposal is consis[ent with the objectives of the Town's open lands plan - it will provide a creative mechanism that can be used to create open space. Z) The proposal will creaJe a sub-market for GRFA, the result of which may be that hard to develop lots (those with steep slopes or in rock-fall areas, etc.) may be more valuable for their GRFA than as development sites. Preventing the development of such lots will address another goal of the Town's open lands plan. 3) More restrictive development standards and other qualilative standards (to be applied to receiving lots) such as considering view impacts on adjacent properties can address concems over increased bulk and mass. Cons l) Administering the program will create GRFA accounting headaches for the Staff. 2) Additional bulk and mass on receiving lots may be a concern if not properly controlled. E9-14-1994 A5r 01Pt'1 JAT'1FR RSSOC. PETER jnMnR ASSOCTATES, lNC. PLANUNG. OEVELQ?TTENT,{'IALYSIS. RES€ARCH Sincerely, cc: Todger Anderson guito ?04, Vsil gank Building '108 Srutlr Frontage Foad Wes: . Vail, Coloraco 819!7 r (303) 476-7154 . FAx (303) 476'51a3 FROI,1 PETER o TD 4?92452 P.Ot j) September 14,1994 lv1r. Andy Knudtsen DeparUrerrt of Community Deveioprrent Town of Vail 75 South Frontage Road Vail, Colorado 81657 Rc: Rcquest to Lift Title Restriction Todger Anderson Rosidence Dear Andy: The purposc of this lener is to fofirrally withdraw our requesq lelative_to. *re crawl space at the endirs,in Reqirlence. As you know, tlnse rcquests involved the staff s interpretation of non- conforrning GRFA and lifting tIrc dee d restriciion on the use of the aawl spacc. While it is ou intention to continue to ptusue altematives that will allow the fuidenon's to utilize this sparc, we a.re unable to comply wiih the September l3th submirtal deadline that would enable us to'nreet with the Council on Ociober4th. I will be in touch with you in the near future to discuss this project. u*tlz. (1[,'['I Jx-.:--'- Lir*m'try Thomas A. Braun, AICP TOTAL P. E1 ?;:r copy 75 South Frontage Road Vail, Colorado 8j,657 303-479-2 I 3 8 / 479-2 I 39 FAX 303-479-2452 July 8, 1994 Depar nent of Conununiry Development Mr. Tom Braun Peter Jamar and Associates Vail National Bank Building 108 South Frontage Road West Vail, CO 81657 RE: Todger Anderson residence Dear Tom: On Tuesday, July 5, 1994, the Town Council tabled Resolution No. 9, Series of 1994. to October 4, 1994. This is the resolution that would lift deed restrictions allowing Todger Anderson to finish the area beneath his garage. Would you please have a complete submittal provided to stafl no later than three weeks prior to this date, September 13, 1 994. That will provide staff with adequate time to review the proposal. One of the toughest issues involved with this proposal is precedent. The Town Council mentioned their interest in this proposal but reiterated their concern about precedent. lf you or Todger would like lo discuss pros and cons of the various options in any more detail, I would be happy to sit down with you and do that. During the discussion on July 5th, the Town Council expressed their desire to bring closure to this resolution. By September 13th, please have a detailed proposal lor the project or a proposal to withdraw the item. Stalf believes that it is not appropriate to request another tabling. Please cafl me with any questions you might have. I can be reached aI 479-2138. Sincerely, ft*/*re\Andy Kn=}dtsen Senior Planner xc: Todger Anderson VAIL TOWN COUNCIL EVENING MEETING TUESDAY, JULY 5, 19{t4' 7:30 P.M. lN TOV COUNCTL CHAMBEF, AGENDA Consenl AgerEa: A Approval ol the Minutes of lhe June 7, 1994, and June 21, 1994, Vait Town Council Evenino Meetings. B. Ordinance No.9, Series ot t994, second reading, an ordinanc€ amending Chapter 18.40, Special Developrnent DiSricts. Applicant Town of Vail. CITIZEN PARNCIPATION. + Proposal by Elizabeth Wilt lor TOV to @nsiJer a memorial placque to be placed on the Covered Bridge for John and Cissy Dobson and a merbrial placque at irossroads lor Chuck Belcher. Resolution No.9, Series of 1994, a resolution releasing a Title Restriclion on Lots I and a Bbck l, Lionsridge Subdivision, and permaner y Restricting Site 4, Casotar Vait, Foudh Filing, lrom a devetopment. (Request to tabte indelinitety.) Amending Seclion 1.01.t00 - Viotations and FunlsttrnenL Ordinance No. 14, Series ot 1994, tirst reading an ordinance Housing, and setting forth details in regard thereto. Resolulion No. tC t994, a resolution authorizing ths Town Fkst Bank ol Vail and authorizing certain otficeG to sign a lo surender lhe box, retum the keys, and release the Chapter 18,57, Employee Vaillo renl a sale deposit vaull at lhe lherelore, to lerminaie the lease, lrom any liability in conneclion lherervith. Town Manager's Report. AdjournmenL 4fvY ]t");'/"\l- ;I 'l - ( .t/.1 / .2 MINUTES VAIL TOWN COUNCIL MEE-NNG APRIL 5, 1994 7:30 P.M. MEMBERS PRESENT: TOWN OFFICIAI.S PRESENT: t'i Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Paul Johnston Sybill Navas Jim Shearer Tom Steinberg Jan Strauch Bob Mclaurin, Town Manager Tom Moorhead, Town Attomey Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk ;, The first item on the agenda was citizen Participation of which there was none. Item No. 2 was a Consent Agenda consisting two items: (i) Approval of the minutes of the March 1,1994, March 15, 1994, and March 22, 1994, Vail Town Council bvenlng Meetings, and (ii) Ordinance No. 7, Series of 1'994, sgcond reading, an ordinance providing for the estaLtshment of Special Development District No.__32, Cornice Building; adopting i development plan for Special Development District No. 32 in accordance with Chapter 1840 of tfre Vail fr4unicipat Codd; and setting forth details in regard thereto. Mayor Osterfoss read the title in full. Merv lipin moved to take Ordinance No. 7 off of the Consent Agenda and to approve the minutes of the March 1, March 15 and March ?2,7994 Evening Meetings, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0. At this time discussion began regarding Ordinance No. Z 1994. Iim Cumufte reviewed changes made since. first reading, as requested by Council. Tom Braun was present, representing the owrier of the Comice b-uilding, David Smith. The Ordinance *as rerrised further, incorporadng the following changel (i),permanently reshicted employee housing units to be located within the TOV limits cloi to a TOV bus route, (ii) employee housing units shall always comply with the TOV housing ordinance requirements as specified in the TOV Municipal Code, as amdt iea hom time to time, (iiij 9ou*i,l acceptance of the three employee housing units being required prior to the issuance bf a demo,/building permit, and- (iv) all three employee housing units tobe de'ed restricted and ready for occupancy prior to a TCO being issued. Merv moved to approve Ordinance No. 7, Series of. igg+,with the above-listed changes. Further, stalf was directed to prepare copies of Ordinance Z,'1994, as rwised, for review by Council at the April 19,7994 meeting. Riul ;ohnston seconded the motion. Before a vote was taken, Tom Steinberg Lxpressed concern a-bout the Comice Building construction taking place conorrent with other maior fOV projects, including the proposed Vail ethleUc Club. Jim Curnutte informed Co3ncil a,staging plan had been submitted to-the Town Engineer by Tom Braun. A vote was then taken and the motion passed, G1, Tom steinberg opposed. Item No. 3 was Resolution No, 8, 199d a resolution designating Dana Investments Advisors, Inc., as an investment manager for the financial funds of the Town of Vail as permitted by the Charter of the Town of vail, its ordinances, and the statutes of the state of Colorado. Mayor osterfoss read the title in full. Chris Anderson and-steveThompson explained the details of the Resolution. Steve anticipated higher yields as a result of this inveshnent manager designation,^as dollars would be invested at a Ionger term and restricted to the adjustable rate mortgage markets. Merv L^apin suggested comments from local {inancial experts -be sought to review TOV investments. Bob Uit aurii"agreed to speak with local businesses regarding the matter and indicated he would discuss the issu-e lurther iith Merv alter the meeting. Tom Steinberg moved to approve Resolution No. 8, Series cf 1994, with a second by Paul Johruton. A vote was taken and the motion passed unanimously, z{. Item No. 4 was Resolution No. 9, Series of 1994, a resolution releasing a Title Restriction on lots 1 and 2, Block 1, Lionsridge Subdivision, and permanently restricting 5itJ4, Casolar Vail, Fourth Filing,ful 4 development. Mayor Osterfoss read the title in f,rU. fomEraun requested the Resolution & tabled for 90 days, as the owners were not compelled to restrict Lot 4 without improvements. paul Johnston moved to table Resolution No. 9, Seriis of 7994, until JuJy 5, 1gg4. Merv Lapin seconded the motion. A vote was taken and the motion passed unanimouslyl ZO. Item No' 5 was Resolution No. 1Q Series of 1994, a resolution determining the necessity of, and authorizing the acquisition of, certain properry by either negotiation or coidemnation, for io*n. ^t47: A regular meeting of the Vail Town Council was held on Tuesday, April 5, 7994, n the Council chambers of the vail Municipal Building. The meeting was called'to oider at z:30 p.M. Vril Torn Council Er.ning lierin8 MiDuti 04n6r'9{ (,.f " ON JOBSITE AT Permit *: ALL TIMES 89 6-0 2 81 1tL, ,-.L r I t" | . Lg'' o t '^' I S SUED oe /te /tee 6 oe /24 /7ee 6 o3 /23 /Tee7 TOWN OF VAIL 75 S. FRONTAGE ROAD vArL, co 8t657 97 0-47 9-2L38 DEPARTMENT OF COMMUNITY DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ADD/ALT SFR BUILD PERMIT Job Address: 1175 5A1,rOSIONB.-DR Location . . . : TTTt-S-ANDSToNE DR ParceI No. . : 2103-014-19-001,Project No.: APPLICANT PLATH CONSTRUCTION DRAWER 5920, AVON CO 81620 CONTRACTOR PLATH CONSTRUCTION , DRAWER 5920, AVON CO 81620 OWNER ANDERSON TODGER & MARY ELLEN 6 SOUTH LN, ENGLEWOOD CO 80110 Description: REROOF FROM TILE TO COPPER SHINGLES Occupancy: R3 Single Famj.ly Residence Type Construction: V N Type V Non-Rated Bui tding-----) P tan Check---) lnvestigation> l,i tl, Cal.l,----> 752.@ Restuarant P(an Revi ev--) Phone : 3 0 3 9 4 9 1 9 0 5 Phone: 3039491905 .00 Total Catcu[ated Fees---> 1,E43.EO 100-00 Additionat Fees---------> .0O .00 Totat Perrnit Fee--------> 1,843.80 500.00 Paynents-------- ted an 4EE.8O ORB .00 Recreation FeF--------->3.00 Ctean-Up Deposi t--------> r hereby acknowledge that I havc re8d this appl,ication, fitted out in ful.L the infornation Status. . . Applied.. Issued... Expires. . Valuation:IO2,01-4 Add Sq Ft: F i reptace Information: Restricted:#0t Gas App tiances:fof Gas Logs:Hof l.lood/Pa ! !et: *******t**iJr/(***ff****ffi*****ffiiitH#*** tEE SUltf4ARY ffi*ffiftffi*t**ffil****ffi#H* **********ffi**********ffi******]l]lhlilii;;;;;i********li*i;*...*--:*Sff.:::;;;;;i*-.*.****;?l** Itemr .05100 BUILDING DEPARTMENT Dept: BUILDING Division:09/L9/L996 CHARLIE Action: APPR CHARLIE DAVIS ItEm:,-O54OO PLANNING DEPARTMENT Dept: PLANNING Division: 09 /.I9 /.L99 5 CHARLIE Action: NOTE FOR LAUREN, S'APPRVL 09'/24'/L996 CHARLIE Action: AppR pER LAUREN It€m:'.05500_EIBE DEPARTI..IENT Dept: FIRE Division:09/19/L996 CHARLIE ACiJ-on: APPR N/A I!eD!"q55Q0 PUBLIC WORKS Depr: puB woRK Dj-vision:09/I9/1996 CHARLTE Acrion: AppR N/A *Jdt*tih*ffi*ffi**rrt*rffi****ffi*ffiiffiffitrt*******ffiffi*****H*ffi*ff***ff****ffi*************t*Jri****** See Page 2 of this Document for any conditions that may apply to this pernit. DECLARATIONS pl,an, and strtc that atI the information provided as required is correct. I agree to to co[pty lrith a[[ Toyn ordinances and state tays, and to bu.iLd this structure accordi codes, design revicy approved, uniforn Bu.i Lding Code and other ordinances of the ToHn REOUESTS FOR INSPECTIONS SHALL 8E i.IADE TI,JENTY-FOUR HOURS IN ADVANCE BY TELEPHONE lon 2oning and o. accurate ptot and ptot ptan, subdivision E : 00 Ar,t 5 : 00 Pl,l Send Cl.ean-Up Deposit To: PLATH CONSTRUCTI0N TOR FOR HIIISELF AND OI,]NER Page 2 ******************************************************************************** CONDITIONS Pernit *: 896-0281 as of 09/25/96 Status---: ISSUED ******************************************************************************** Permit Type: ADD/ALT SFR BUILD PERMIT Applicant-- Job Address Location--- Parcel No-- Description REROOF FROM TILE TO COPPER SHINGLES * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COnditiOnS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. FIELD INSPECTIONS 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.3. ALL WORK MUST COMPLY WITH 1991 UBC CHAP. 32 PLATH CONSTRUCTION 3039491905 11?5 SANDSTONE DR 1175 SANDSTONE DR 210 3 -014-19-0 01 Applied--: oe/t9/t996 Issued--- : 09 /2a/L996 To Expirez 03/23/L997 **************************************************************** TOWN OF VArL, COLORADO Statemnt **************************************************************** statemnt Number: REC-0208 Amount: Payment Method: CK Notation: #18161 1,843.80 09/2s/96 10:38 Init: CD Permit No: Parcel No:Site Address: Location: This Payment Account Code 0r,0000 41310 01 0000 41331 01 0000 4!332 01 0000 22002 01 0000 41336 1,843 . 80 1,843.80 .00 896-0281 Type: A-BUTLD ADD/ALT SFR BUrLD PE 2L03-014-19-001 1175 SANDSTONE DR 1175 SANDSTONE DR 1, 843 .80 Total Fees:Total ALL Pmts: Balance:**************************************************************** Description BUILDING PERMIT FEES DESIGN REVIEW FEES PLAN CHECK FEES CLEANUP DEPOSITS WILL CAI,L INSPECTION FEE Amount 7 s2 .00 100.00 488.80 s00.00 3.00 tLltdt'r r_rF ulltL r-Lil-uLU I!: .r(.1.)-4r',J-z{rl .;Ll lLl :45 1.111 .llt-t[r f.t-l I o Txx"H xlll,#"#l'*ffnn PU'R'I' 'l O ,,.tt t,rsr) s ,, bJ,i,,-l.i]l!'ff-,ffi d /o s o/ y' /?oc / AppLICATTON HU6T BE FILLBD oUT-AoMPi,ETELy OR IT UAY NoT BE ACcEPTED rl | ** r***rrrrr*rrr***rr r** *i* PERItIT INFOR]IATION t * **t ****t** t **t *t tt******t* I J-Bui.rdtng t ]-Plulqlng t J-Electricnl [ ]-llectranlcal I J-other /a r / i | /t-.-;Iob Name: r€gal Deecrlptlon3 l,ot Block- Ftllng suRDrvIStoN: owners Nane! Archltect:Addreae: ceneral DeeorlBtlon: I z tiJ.t t r.' .,\.r;Jl Work Class: [']ztfew , -) . '*. /; t.4 0 r :*.p4$.-Arteratlon I I l-Repalr [ ]-Other l -Addltlonal Nunber ItECltAllIcAE: t- of Aocomnodatlon UnLts: Gas lJogs wood/Pellet ****************r*******!t*** **** oTIIERc I TOTA!: t TJON *************t*a**t*** fourn of Val.l Reg, No. Phone NuDber! "J:2_J9 v&-t Town of ValI Reg. NO. Phone Nunber: Tot{n of vall R€9. No, Phone Number! Town of Vall Reg. No. PhonB l{umber: oFFrcB us8 ****i*r********t***r****rr***tr BUII,DING PLAN CHECK FEE3 FI,WBING FIAN CHECK FBE I HECHANICAL PI,AN CHBCK FEE: RECREATION TEE; CI.,E,AN-UP DEPOSTTT TOTAIJ PERUIT FE8S3 BOILDINGs SIGNAIT'RE: EONING: SIGNATURE: Nunber of DruellLng unl.te: ,/ ,,.,, i!*at** AddrerB: Electrl-cal Contractor! AcldreBB! PluDblng contractor: Addrees: tltachanl,cal Contractor: Addraae: **t****t.i.ttr***+*i*ri**+*aartf * FOR BUTLDING PERHIT FEET PI,T'IIBING PERUIT FDES HECHANICAL PERUIT FDE: ELECTRTETL FEE: OTHER TYPE OF FEE: DRB FEEs - \probar and Type of FlrepLaccs! cas e,ppllaneea /s : "": : ".,. ". );;. : :: ;".. ET;";ffi :Arr oNt' Connenta! { , r't September 10, 1996 Page 2 of 4 Roofing Specification for the Anderson Residence 1175 Sandstone Drive, Vail Colorado I. TEAR OFF / MISCELLANEOUS: Specification as follows: 1l Remove existing tile roofing, wood battens and ridge vents and remove from the site. Plath Construction will keep the jobsite as clean as possible and practical during the construction, and a thorough cleaning of Plath's work areas will be performed upon completion. Plath Construction will take all reasonable precautions to protect the interior of the building from water and weather. A credit of $3,188.00 has been figured in the price to save the tile and re-sell to another customer. (See Section ll Price below) 2l Plath construction will provide all insurance and permits required by the Vail Building Department. Price for Section ll Included in the Section lll price below II. DRY.IN / RIVA GLASSIC COPPER SHINGLES/FLASHING: Specification as follows: ( See the attached drawing) 1l Install two layers of 2"x4" blocking at all eave and rake edges. 2l Install 3" of polyisocyanurate insulation (R-21.6) over the existing dry-in. 3l Install 5/8" cdx over the insulation. The plywood will be screwed to the substrate below using screws at the rate of 24@ per 4'x8' sheet of plywood. 4l Install #30 felt over the entire roof area. 5l Install "Riva Classic" copper shingles as manufactured by Vail Metal Systems. Install copper trim and flashing pieces as needed for a complete system. Shingles and flashing to be fabricated from 16 ounce copper. 6l New roof flashings include endwall, sidewall, valley and drip edge flashing at eaves and rakes. lnstall metal crickets behind the two chimney curbs. All flashing to be fabricated from 16 ounce copper. Price for work as specified for Section I and ll: $73,744.00 Credit for tile: <$ 3,188.00> Total for Section I and ll: $ 70,556.00 Exclusions and Qualifications: 1l Added costs for working under adverse winter conditions is excluded from this proposal. All pricing assumes that all roofing work will be scheduled for a September 15, 1996 start and completed before November 1, 1996. 2l The price for a patina finish is not included in the base bid. Please see option #5 for pricing. { Page 3 of 4 3l Miscellaneous flashing not associaied with the roof system is excluded from this proposal. 4l Gutter and downspout is excluded from this proposal. 5l Deck waterproofing is excluded from this proposal. 6l All wall (siding or stucco) demo and replacement work to be done by others. This work is required to allow for the proper installation of the roofing membranes and flashings. Please see option #'1 for pricing to install a wall counterflashing at these location. 7l Please note that copper will tend to patina to a dark bronze color. Over many yearsi, a light green patina will start to form which will continue to become more enhanced with time. In this region, it may be 10 to 15 years before this natural green process is noticed and 30 years or more for the process to manifest. GENERAL NOTES: 1l Please be advised that materials for this proposal have been bid at current market prices. Due to volatility of the market, material prices cannot be guaranteed past 30 days.* Please take note that a "letter of intent" received by Plath Gonstruction, lnc. within the 30 day period will allow us to "lock in" current material prices even if actual purchases are made several months later. 2l Plath Construction carries property damage liability insurance in the amount of $2,000,000.00 per occurrence. Plath Construction carries auto insurance in the amount of $2,000,000.00. Plath Construction carries appropriate Workman's Compensation insurance through Colorado State Compensation. No further insurance coverage is included in our price, and if required, the additional cost will be added to the contract price. 3l Upon receipt of the contract price, Plath Construction will issue a warranty certificate guaranteeing roofing against leaks due to flaws in workmanship for a period of five years from the date of roofing completion. Leaks qualifying under the terms of said warranty will be repaired promptly at no cost to the owner. This warranty does not cover anv subsequent interior damage that mav occur. ilt. oPTtoNS: 1l Install counterflashing at all roof to wall junctures, ( as opposed to others removing and re-installing wall siding or stucco, see Exclusions and Qualifications #5 in Section lllabove) Price for option #1:Add to the base bid $ 1,087.00 2l Snow fence needs to be installed at locations where sliding snow could cause personal injury or property damage, We have walked the building and determined that 65' additional snow fence is required. Price for option #2:Add to the base bid $ 2,437.00 **Price above includes painting all exposed pipe and brackets. 3] Install Jiffy Seal as follows. Three courses at all eaves, one course at all valleys and roof to wall junctures. Install #30 felt at all remaining locations. Price for option #3:Add to the base bid $ 1,334.00 t Page 4 of 4 4l Install Jiffy Seal over the entire roof area on the new plywood layer. Use mastic as needed. Price for option #4: Add to the base bid $ 2,813-00 \ 5l Install #30 felt over the existing dry-in layer before the insulation is installed. Price for option #5: Add to the base bid $ 1,965.00 \ 6l Apply a treatment to the copper to achieve a green patina color. The treatment and pricing will be determined at a later date. Please note that the accelerated patina coating will tend to fade over a period time and will likely require re-coating within five to six years. Price for option #6: Budget $12,000.00 to $20,000.00 for this treatment * Firm pricing is contingent upon the accepted patina process to be used. ** Additional treatments required in the future should run approximately 5O% of the price above. 7l Remove existing snow fence and re-install upon completion of the new roof. Paint to match the new snow fence color. Price for option #7: Add to the base bid $ 340.00 8l Remove existing gutter and downspout and the heat tape that runs through the system. Install new seamless style gutter and downspout. Gutter and downspout to be fabricated from 16 ounce copper. Gutter and downspout to be treated with a patina treatment so that it matches the copper roof. Install existing heat tape through the new gutter and downspout system. Price for option #8: Add to the base bid $ 9,295.00 ** The price above is based upon 114' of gutter and 139' of downspout. ** Some rock may need to be removed at the downspout around the garage doors. This work is to be done bv others if needed. \ 9 ET ,L a' F,at )t vlt .4f E3' tB (f G; ?o t q (, tr G N J f E fi t1 6 4 & D 4-I --..'Vla tl_ ${ )L 9), X!tu il s: t[ irr |;,i .li,'ll, I 6' e6 3 t 9 € o o trlEtrIORA.NDUI\{ t9' FROI\,I: DATE: SUBJECT: Tom Moorhead Andy Knudtsen January 2, 1996 Employee Housing in Lionsridge 4th Filing The Ouestion Tom Braun, representing Carol Orrison, would like to lnow if the caretakers units constructed in the Lionsridge 4th Filing should be deed resticted as Type I, II, III, IV' or V Employee Housing Units. Background Carol Orrison is the ouner of Lot 10. Block 4. Lionsridge Filing No. 4. There is currently a single family home and a t\f,'o-car garage on the property. The properry has less than 100 sq. ft. of GRFA arailable for futwe development. He rvould like to build a two-car garage and a caretaker on the properry. Lionsridge 4th Filing is zoned Single Family. Hou'ever. Ordinance l5 of Series 1989 allows a caretaker to be constructed on each lot. As a result. each lot has tle potential to support a Primary/Secondary type of structure. Per Ordinance l5 of Series 1989. the caretaker cannot exceed one thfud of the total GRFA ailorved on the lot. The Ordinance specifies that the employee unit "shall be permitted on each lot." The definition of the employee unit is provided in Section 18.13, rvhich isthe Primary/Secondary section of the code- That citation has since been removed and traosferred to the Type I portioa of the Employee Hbusing Ordinance. The EmJrloyee Housing Ordinance The Eniployee Houiing Ordinance provides for five different qrpes of employee housing. There are different atributes of each type tbat match the Lionsridge 4th Filing standards, but there is not a clean match between any of the types and the situation in the 4th Filing. Staffbelieves that it is a closer match to the Type I, as there are six attributes of the Emplqlee Housing Ordinance which match the situation under a Type I scenario. The Type fI has only one atfibute that matches this situation: horvever staffunderstands that thJone is significant. Staffbelieves that all of the attributes are important and rvould like your interpretation as to which restriction, a Type I or Type II is appropriate. I. tL III. MEI\IORANDUM . TO: TomBram FROM: Andyltuudtsen DATE: January 8, 1996 SUBJECT Employee Housing inlionsridge 4th Filing On January 4, 1996, Tom Moorhead and I reviewed the attacbed mcmo and analyzed the Employee Housing Chart, located in tbe zoning code at the end ofthe Employee Housing Chapter. He concluded that the caretaker dwelling uits in Limsridge Fourth Filing should be deed restricted as Type I EHU's. Please call me or Tom ifyou would like to disctrss this further or would like additional documentation. 2 v I l: TO: FROM: DATE: SUBJECT: MEMORANDUIU Planning and Environmental Commission Community Development Department December 13. 1993 An appeal of a staff interpretation regarding a deed restriction limiting the use of a crawl space at the Todger Anderson residence, located at 1175 Sandstone Road/Lot 1, Block 1, Lionsridge 4th Filing. Applicant: Planner: Todger Anderson Andy Knudtsen I. PROJECT DESCRIPTION Mr. Todger Anderson would like to convert the existing "crawl space" area below his garage to GRFA. The area is 1 ,200 square feet. When the residence was constructed in the summer of 1990, the areawas shown as "unexcavated" on the building permit. However, during the construclion of the project it was discovered that the volume of space beneath the slab of the garage exceeded the height allowed by the Town for crarryl spaces. At the time the excavated space was found, statf had the option to make the applicant reconstruct this portion of the house to create a legal crawl space. Holvever, an alternate solution seemed more reasonable. The solution which Mr. Anderson and the town staff agreed to consisted of putting two openings approximately eight by ten feet in the southei'n wall and signing a deed restriction, permanently restricting this space as uninhabitable. A copy of the deed restriction is attached to the end of this memo. The applicant believes that he should be able to finish this space as GRFA at this time since the delinition of GRFA has changed. Ordinance No. 37, Series of 1 990 was passed on December 4, 1990, creating a neiv definition of G RFA. The applicant believes the new definition "grandfathers" this space and allows it to be finished as GRFA. The specific section of the Code which the applicant is relying on is 18.04.130(aX+). This paragraph states that: "Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculations as GRFA: Roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than 25"k of the lineal perimeter of the area of said deck, porch, terrace, patio or similar feature or space provided the opening is contiguous and fully open from floor ceiling, with an allowance of a railing of up to 3 feet in heioht." Since the space is enclosed by more lhanTSh on the perimeter, the applicant's position is that it should be recognized as GRFA consistent with the current GRFA definition. This position is furiher outlined in the applicant's statements which are attached to the end of this memo. lf the PEC chooses to interpret the code in this way, the space will be seen as GRFA and the applicant will be allowed to convert it from unfinished to finished space' Before the applicant can proceed, there are two points which the Planning and Environmental Commission (PEC) must review: 1. UpholdiOverturn/Modify the staff interpretation that the applicant is not eligible to use this space as GRFA under the current ordinance given the fact that the project was built under the old GRFA definition and is deed restricled; 2. Provide a recommendation to Town Council as to whether or not the deed restriction signed by Todger Anderson pertaining to this space should be lifted. In addition to the two specific requests outlined above, Mr. Anderson would be willing to deed restrict Lot 4 of Casolar ll as permanent open space. Please see the attached vicinity map to locate this lot. II. BACKGROUND April 4, 1990 Summer, 1990 August 10, 1990 December 4, 1990 June 18, 1991 June 18, 1991 Proposed residence approved by Design Review Board (DRB). Note on approval form indicates that "unit is maxed -- no GRFA may be added." Construction u nderway. Letter written by Shelly Mello to Todger Anderson. Excavated space beneath the garage had been "discovered". Solution needed to be found. Staff suggested two permanent openings in the south wall be made and deed restrictions prohibiting a conversion of this space to GRFA be recorded. The intent was that the space would no longer be "enclosed" per the GRFA definition given the two proposed openings. Todger Anderson agreed and these two things have been completed. In the August 10, 1990 letter, Shelly tvlello says that no inspections would be scheduled for the project until the solution had been provided. Ordinance No. 37, Series of 1990, was passed. A new definition of GRFA was approved. Ordinance No. 15, Series of 1991, was passed. The GRFA definition was changed concerning multi{amily buildings and common area. Ordinance No. 16, Series of 1991 , was passed. The GRFA definition was changed to include a residential credit for Multi-Family zone districts. 1il.ANALYSIS The applicant is basing his appeal of the staff inierpretation on the concept that the space is legal nonconforrning and that it should be grandfathered under the changed code. lt is important to note that spaces on other sites which are legal nonconforming have been allowed to be converted based on the change in the definition. However, staff believes ihat the phrase "legal nonconforming" applies to buildings which were designed, approved, permitted and constructed according to the approved plans. This was not the case for the Anderson residence. The plans showed the space under the garage as unexcavated and the resulting volume beneath the garage was not anticipated. Furthermore, the solution, which was to put two openings in the southern wall and deed restrict the space, v/as a compromise generated during the construction process. Since the solution was not something sholn on the building permit and conslru-cted accordingly, staff believes that it should not be viewed as a legal nonconforming use. The compromise solution generated during the process is someihing that staff believes made the space uninhabitable. Staff believes that other solutions might have been more effective, such as requiring the vclume to be backfilled. This wouid have required that ihe garage be demolished and the founciation retaining ,,talls be rebuilt in a way strong enough to hold the fill. In an effort to work with the applicant, staff refrained from requiring this and accepied a compromise solution. This solution operred up ihe space to the exterior and restricted it. We believe our efforts to work with the appiicant should not be viewed as an opportunity to designate ihis space as legal nonconforming n,hich n,ould allow the area to be converted to GRFA. Finally, staff is concerned about ihe appiicant's propcsal to deed resirict an adjacent lot in exchange for converting this crawl space io GRFA. Though teclrnically tlre deed restriction of Lot 4 in Casolar ll rvould be unrelated to liiting the cieed restriction for the Anderson residence, staff is concerned about a Drecedent that n'ould allorv individuals to shi{t GRFA from one site to another. This is contrary to the concept of a floor area ratio (or GRFA) rvhich limits the amount of mass and bulk of a structure based on the size of the site on which it is located. IV. FFOCESS Since this is a relatively complicated request, siaff believes it is necessary io outline the process clearly so that all PEC membei's understand all of the steps involved with this : request. At tfris time, the issue at hand is an appeal of a staff interpretation concerning the definition of GRFA. Any section of the Zoning Code rvhich is interpreted by slatf can be appealed to the PEC. Once the PEC has made their decision, it becomes final and does not continue to Council. lf the PEC overturns the staff interpretation and agrees with the applicant, then the issue will be taken to Council for the review of lifting the deed restriciion. In this case, Council is the only entity which can release the restriction. lf the PEC overturns the staff inlerpretation, staff will pass on a PEC recommendation to Council concerning the deed restriction. V. STAFF RECOMMENDATION Staff recommends that the PEC uphold the staff interpretation. We believe that this spac€ should not be viewed as legal nonconforming. Though the space has unique circumstances surrounding it, the solution constructed on the site was not part ol the original plans, and staff believes that converting it to GRFA would be compromising the solution stalf originally thought was reasonable and fair to the applicant. Finally, staff is concemed about the precedent that this type of conversion could set, conceming the restriction of Lot 4, Casolar ll as permanent open space. clpecvnemosuodgrl 2.t 3 contained herein shall not be waived, abandoned, amended, except.by the written consent, of both the Tordn owner of the subject property. PROPERTY OWNER: u,Y . and agreements terrninated, or of Vail and the To 9er EIIen Anderson ACKNOI{LEDGED The foreq"i"s ]l%.1. r.n! was acknowledged before nre tniscJIsFaay or tt\S&s-4"r{ ."-- , rg g o by rodger Anderson and Llary ElLen Anderson. Witness ny hand and officiaL seat r7 ?s l.fy comnission expires C, I ANDERSON RESIDENCE PROPOSAL TO LIFT TITLE RESTRICTION INTRODUCTION The folloq,ing outlines a request to lift an existing title restriction on Lots I and 2, Block l, Lions Ridge Subdivision Filing No. 4. This restriction prohibits an existing crarvl space from being improved to living area. If approvcd, this proposal vvill allorv the Anderson's to achieve their goal of improving this crarvl space uhile at the same time provide a significant public benefit to both the immediate Lions Ridge neighborhood and the Ton'n of Vail. There a t$'o major elements involved in this proposal: 1) Improvement of Crarvl Space to Living Area The Anderson's request that the Vail Torvn Council lift this restriction in order to allorv for this space to be irnproved as lir ing area. This unfinished basement level space of approximately 1,220 square foot is ltrated belo\\, the Anderson's galage. The improvement of this space n'ould result in no increase to the exterior dimensions of the existing residence. 2) Creation of Neighborhood Open Space The Anderson's oq'n Lot 4, Casolar Vail, a single-family building envelope that is located adjacent to their residence. As a part of this proposal, the Anderson's rvill enter into a rvritten agreentent ivith the Torvn of Vail to permanent restrict the future development of this building envelope. Restricting the development of this building envelope will establish an open space parcel in the midst of an intensely developed neighborhood. Refer to the attached Anderson Residence/Cersolor Vail Site Plan. Due to the title restriction currently imposed on this property, changes to the Torvn of Vail Tnning Code, and other factors, this request involves a nurnbcr of somervhat complex issues. While in simplest terms the request before the Tow,n is to lift the existing title restriction on the Anderson's property, it is irnportant lo understand other aspects relative to the crarvl space and relevant provisions of the zoning code. The follorving outlines background on the Anderson residenrc, existing GRFA on the properrl', a description of the request to lift the title restriction, and a summary of this proposal. BACKGROUND ON THE ANDERSON RESIDENCE In March oi i990, the Auderson's received approval to subdivide trvo single family (plus caretalier units) lots into one single tamily lot (plus caretaker unit). The result of this approval was a net reduction in density frorn 4 ds'elling units to 2 dwelling units. In addition, the suMivision of these lots reduced the total allorr,able GRFA of the sites from 6,886 square feet (plus credits for four units) to 5,01 1 square feet (plus credits for tlo units). This request. u'as unanimously approved by the Planning Commission. The Anderson's began construction of their home in 1990. Due to the steep slope of the lot belorv the home (in excesiof 307o), a considerable portion of the site w'as excavaied iri order to pour foundation rvalls and footcrs. While the excavated area belorv the garage rvas left as unimproved space, the Town Staff was concerned about the space for two reasons, 1) the area did not meet the Tolvn's definition of"crarvl space" because the floor to ceiling height of the space exceeded 5 feet, and 2) Staff was concemed that the space could be converted to living area at some point in the future. No building inspections rvere scheduled by the Torvn's Building Department until an acceptable solution to these issues was reached. The Town Staff proposed the following trvo solutions to resolve this situation: l) Construct two permanent openings in the south rvall o[ the excavated space. 2) Establish a title restriction prohibiting the conversion of this space to GRFA. The Anderson's agreed to both of these conditions. Refer to an attached copy of the title restriction that describes both of these two solutions. EXISTING GRFA ON THE ANDERSON'S PROPERTY The title restriction requires that "the subject property shall have two openings in the south facing rvall belorv the bay windorvs" and "this area will be pennanently restricted and uninhabitable space, open to the outside". This restriction is a significant lactor because it preven8 the Anderson's from converting this space to living area. Hou,ever, it is also r,ery significant from the standpoint of how existing GRFA on this property is caiculated. The GRFA definition in effect in 1990 defined GRFA as "the total area vyithin the enclosing rvalls of a structure including all habitable ar s; . . . .". The ordinance goes on to exempt crarvl spaces from GRFA provided the distance betrveen the floor and ceiling is less than five feet. The area below the garage has floor to ceiling heights rvell in excess of five feet and technically does not qualify as crarvl space. Horvever, the area belorv the Andersonns garagedirLrot satisfy the Openings in SouJh Facing Wall The 1990 GRFA definition was interpreted by the Torvn Staff to mean that any space not totally enclosed did not count as GRFA. The two openings added to the south facing rvall meant the space belorv the garage was not totally enclosed. As a result, this space was not a part of "the total area w'ithin the enclosing rvalls" and as such cannot be considered GRFA. . Unimproved Space The space below the garage was unimproved spacel a floor rvas g*instatted, walls were not sheetrocked and there was no ceiling. As unimproved spaceThis area was not habitable, thereby not satisfying the "iniluding all habitablespace" provision in the definition of GRFA. A new definition of GRFA rvas adopted in December of 1990. The nerv definition of GRFA "means the total square footage of ail levels of a building, measured at the inside lace of the exlerior rvalls". The definition goes on to exclude certajn areas from calculation as GRFA, including "roofed or covered decks, porches, terraces, patios or similar features or spaces with no more than three exterior walls and a minintum opening of not less than twenty-five percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling, rvith an allorvance for a railing of up to three feet in height". Based on this nerv definition, the cras'l space is considered GRFA. This is due to the fact that the crawl space is part of "the total square foota-ee of all levels of a building" and that the crall space does not satisfy the exclusion provision for "roofed or covered decks, porches, terraces, patios or sirnilar features". Not only is the crarvl space now considered GRFA, it is legal space because it was consistent rvith z-oning provisions in place prior to the tirne the nerv GRFA definition rvas adopted. As a result of the nerv GRFA delrnition, the crarvl space is norv legal non-conforming GRFA. The circumstances surrounding this space and the deflinition change to GRFA are significant in that the only obstacle preventing thc improvement of this space to living area is the title restriction. If rhe title restriction is lifted by the Torvn Council, the Andemon's n,ill have the ability to improve this space to living area suL.ject to the issuance of a building pemrit and compliance rvith other applicable sections of the zoning code. REQUEST TO LIFT TITLE RESTRICTION As described above, based on the current provisions of the Town of Vail Tnrung Code the Anderson's cran,l space is legal non-conforming space that can be converted to living area. How,ever, the title restriction specifically states that this space "rvill be permanently restricted and uninhabitable space, open to the outside". In order to allorv for this space to be improved, the title restriction rvill have to be lllied by the Torvn of Vail. The basis for the Anderson's request to lift the title restriction are as foilorl s: l) The title restriction s'as established in order to ensure compliance rvith GRFA regulations in place at the tirne the Anderson's residence was constructed. Due to changes in the definition of bnf'A, the crarvl space is norv legal non-conforming space that could beitnproved to living atea. 2) The Town Staff has allorved other similar crarvl spaces to be improved as GRFA based on the determination that these spaces became legal non-conforming space as a result of the change to the definition of GRFA. 3) The improvement of the crarvl space to living area rvill result in no increase to the existing bulk and mass of the Anderson's residence. DEVELOPN{ENT RESTRICTION OF LOT 4, CASOLAR YAIL The Anderson's orvn [-ot 4, Casolar Vail, a single lamily building envelope located adjacent to their residence. As a condition of the Torvn's approval of this request to lift the title restriction, the Anderson's rvill enter into an agreement w'ith the Torvn of Vail that will prohibit the fufure development of I-nt 4. Lot4 has the lollorving development potential: Densify - Allowable GRFA- GRFA Credits- TOTAI GRFA- I ot 4, Ca,solar Vail Building Envelope Size - 2,40o square feet 1 single family residence 1,690 square feet 225 square feet 1,915 square feet In addition to 1,915 sqmre feet of GRFA, the development of Lot 4 could also include a garage of up to 600 square feet. As a result, restricting the development of [-ot 4 rvill eliminate a building that could include up to 2,515 square feet of floor area. Prohibiting the development o[ [,ot 4 will provide great benefit to the neighborhood. The Lions Ridge neighborhood is approaching buildout and has evolved into a densely developed area Prohibiting the developmentof [-ot 4 rvill maintain a pocket of open space within this highly developed neighborhood. The creation of an open space parcel is also consistent rvith the Town:s long standing objective of creating new open space within the Torvn of Vail. The Anderson's commitment to restdct the developrnent of Lot 4 represents an opportunity to create an open space parcel at absolutely no cost to the public. The restriction on the development of [,ot 4 will be structured in a manner mutually agreed to by the Anderson's and the Town Attomey. The restriction could be established in a deed restriction, a conservation easement, or some other form. The purpose of this restriction is to ensure that Lot 4 remain undeveloped, thereby creating an open spaie farcel for the Torvn and the immediate neighborhood. As such, the restriction shall prohibit all residential development including dwelling units and GRFA, shall run with the land and apply to all future owne$, grantees, successo$ and assigns, and shall include the Town of Vail as a party to the agreement. SUMIVIARY OF REQUEST As described above, the circumstaaces sunounding the Anderson's crarvl space and the change to the definition of GRFA are such that the Anderson's have the right under existing zoning to convert the crarvl space to living area. The Anderson's do recognize the existing title restriction and that approval of the Town Council is necessary in order to remove this restriction. As a pa.rt o[ requesting the Council's consideration of removing this restriction, the Anderson's have offered to enter into an agreement with the Town restricting the future development of Lot 4, Casolar Vail. If approved, this proposal represents a "win/rvin" situation for the Torvn of Vail, the Lions Ridge neighborhood, and the Anderson's. Consider the follorving points: . The Torvn and the Uons Ridge neighborhood benefit from the creation of an open spa.ce parcel at no cost to the public. . Restricting the development of l-ot 4 will eliminate building bulk and mass that would occur from a building that could exceed 2,500 square feet in size. . The Anderson's are able to convert an existing crawl spa.ce to living area. . Converting the crall space to living area will result in no increase to the existing bulk and mass of the Anderson's residence. 'Rt8E DEC 6 t*9$'iiliijO ',..ri'i 1445 Peorl Street, Suite 215 Boulder, Colorodc 80302 303 / 443-6131 800 / 551-66C2 Fox 303 / 443-3775 December 3, L993 Donald R. Gruidel 7352 Meadow court Boulder, Colorado 80301 Dear [1r. Knudtsen, My vail home is located at 1175 Casolar Drive Unit A. I{e are Iocated right below the residence of Todger and l'lary El1en Anderson and look up at their home frorn be1ow. Their unimproved crawl space woul-d be more appealing to our eyes if it were finished rather than as it stands today unfinished. f enthusiastically support, their proposal to the Tovrn of Vail to finish the crawl space and provide an open space in the Lionsridge neighborhood. Donald R. Gruidel Sincerely, - ./rnPlf ?.-*/r/ K. //r''ot- O goot I Z Ctg o,clu' THORNWOOD 329 ST. GEORGE STREET LONOON, ONTARIO N6A 3AO December 14th, L993 Town of Vail Planning and Environmental" Commission Attn: Andy Knudtsen Town of Vaif 75 South Frontage Road Vai1, Colorado 81557 Dear Mr, Knudtsen, RE: Anderson Application 1175 Casolar Drive As a Casolar property owner (1121 Casolar Drive) I would support the applicant in their proposed exchange. I feel- that allowing the creaLion of an additional 1200 sq. ft. within the existing dwelling and the decation of lot 4 as open space in return would provide significant long term enhancement of the Casol-ar area. Yours tru1y, Conwest Ventures Inc. GEW/1r --^ !.,, . i.i.-.rr-;- .*.,-r---a -.- . iE----- - -..' --J , -^ -I-'{-rIii{ -'. o 8"" 'Rrt! [ri] L!r95 z & 4tsoctatz,o, O,ro. December 2, L993 Town of Vail Planning and Environmental Commission Attn: Andy Knudtsen Town of Vai I 75 South Frontage Road Vail, Colorado 81657 Dear Sir, .4s a resiclent of Casolar Drive, specif ical ly the home frcm the existing empty lot, I r*'holeheartedly support I!rs. Anderson's hone inprovernent proposai. I would thj.nk that as over-buiIt as Vaii already is, proposal that would preclude more buiidings going up we I cor,ned. Sincerel y, nKl3/ b jh - rr7 atlatn Stzczt Epn, Ir.. K. Baer acrosS Mr. & any would be 9. O. B"*JorLio, 4Alttrouzt 6449t - 6t6-86-j7zg - lltrs. K. Evan r,f&lii,ljif tl 40 East 83rd Street New Ycrk, Nerv York l00l8 Plamig t'tt,t;;rzn trca#!- L at-' nttaiv .. /aX'l'n: t+J4 Jln"Jk*, ?5_ ,fo. lyr^+-=* f2o-4 voLil, to. f,lu"tt i i:": i Oear . 6r-/<_*.,J fger, ^J J^^u L2'L;J , I a-ts'f{a otttttt+ -1 Itft 6 g""i}r| a^'"- ,-.1,n^or* "a1f*{ '\ 1t'<- ha+re t Vr-gc,l1 e,.tva.4- {y Tolqeret*V tllun.*. Aaolersr't al tt?f f orJ.h's aa'be' "il '1*'Lz)rtlu.;-1\ t.'J, calc a:i -u:.+i1Lea.r*e&. a4Tnsva-Q 4 /A' Laicp& pr+t*>g.A f. ft< orcia P)arn,'j ,, ilurrt^r-*b"A Ccrnt rt-aa,b') '/l'atq)t, in +y* lt ,,,-pit*t'.n t>cb sa.Fq crat-!eaal* th7 Irj,4 4.raa- *. f;ijataay-*,i,..ca*jv,icJz'u *4 toq Taztn4 VqU tu a.ta e.,Tar rrl- a uJ''/r{'r4A- 64qv4t4^!*d .t, 6cr"^t **1 f.rrttt" 4//4hP*.{ { f or \ , cosal, VJ , / ;*!e a/,,*t lY fu l*r/lz.ta..+. rt,io **ru4 6el(lP exu'zltat -a^" fo 6r *sct4 oA {^;"{Ur,- oa d toiil xar i^ qslu-wtl cl.a.,n*'J+a e>|e ,i, q J4 A"au"i /^at-'J LAA^4- LJI^,JA L'f lL -* h'i Fter.e1v,4 JL4f .!Jn!L oY^ opat*- >Ar*, ,.a.u ; ,L flo Laoo/a-ta'ao c^lt,U" ,nn *t -re'i"';'- 'u *'* Z"u"/^r/ * ,.J'r of aJg?tc\v'*' qI c f,'ca/C*elc n^q Ptv-.<'z 4 ?* # nWu"/- h k di"""V * rJ,soiJ i fL" Ltt't"'ari/#z y"' , Aw J4€ l?/r/t-"/ l/",t f-laaa'-g r ?t!'nrr1 b^;ia! c *vn nz)tio,'-. L4*"1,!- T/3-ca'*{*!- catt,4ttdfr.;,* h tf\t> ftmt{^0- -{t*"^ o,*"Ar*al tr lrqlq) i. '. Town of Vail Planning &ATIIN: Andy l<rrudtsen Town of Vail 75 South Frontage Road Vail , Colorado 8l-557 Subject: 1L75 Sandstone Drive Dear Mr. Knudtsen: Please be ad.vised that I'Irs. Canpisi and I of 1L46 Sandstone Drive W L/2 of VaiL, Colorado, are in favor of the proposal of the Andersonts to: 1 - fnprove the crawl space to living space of the subject premises. 2 - Prevent future development of LoE 4, Cas6lar,Vail. cc: Thomas A. Braun, AfCP ,zflzlr"/ 9. -7r"*gA 9,.802235 9"//rr. fr-or 75380 RLC'D DEC 6 W{ Novernber 29, 1993 Town of Vail Planning and EnvironmenLal Commission AtLn: Andy Knudtsen Tor^rn of Vai-l 75 SouLh Frontage Road Vail, Colorado 81657 Dear Mr. Knudtsen: I{e have been made atlare that Tcdger and Mary Ellen Anderson of 1175 SandsLone Drive wish to irnprove 1200 sq. feet of unimproved crar^rl space to a living area. The Casolar VaiI Partnership (.|150 iVesL Casolar) is in favor of their proposal. I also underst,and that Lhey wi.Il euier into an agreement with Lhe torvn to prevent future development of lot 4. I'Je tfrint< this is very generous of the Andersons. With or trithout this concession, we have no objecLion to their proposal . I,m certain you rviI1 agree, the Andersons' home adds a great dea] to the area. I{e see no point, for Lhe 1'own of vail to stymie their p1ans. Thank you for your positive consideration- Iqanag j-ng Partner Casolar Vail PartnershiP 1150 ldest Casolar JOHN MARKEL. INC. ,lR1C'B DiC 5 t'e3 Ncvernber 27, 1993 Tcwn of VaiI Flannj-ng and Environmental Cornnission 75 South Frontage Road, Vai-l, Colorado 81657 Attention: Andy lhudtsen Dear lqr. ]hudtsen: I wholeheartedly approve of the Todger and l4ary Ellen Anderson plan to inprove the crawl sFace on their properLy at 1175 Sandstone tlrive. Their offer to create an open soace with their Lot 4 wor:Id enhance the general area. I urge the Planning Cornmission to approve thelr request. cc Todger and 11 75 Sandstone llary El1en Anderson Drive 716 N. 102nd At Westroads .OMAHA, NEBRASKA 68t14-2199 r (402) 393-9700 I F,iu0B[C d ngf November 30, 1993 Town of Voil Plonning ond Environmentol Commislon Attn.: AnclyKnudfsen Town of Voil 75 South Frontoge Rood Voil, Colorodo8lo57 Deor Mr. Knudtsen, We hove been informed of Todger ond Mory Ellen Anderson's proposol who live ocross the street from us of '1175 Sonclstone Dr. We opprove of thelr proposolto creote o permonent open spoce porcel In exchonge for odded liMng spoce in their eHsting home. Sncerely, u,,/1:\'hdt!\'- - I &t i't (i,w{/eul(1, ({Loq V4/fun-.,! Pu Rtc0No\l 9 1991 December 08, 1993 Tovsn of ValI Planninq and frwironnrental Connrission Attr: Andy Knudtsen Town of VaiI 75 Souttr Frontage Road Vail-, Colorado 81657 Dear Mr. Knudtsen, I an writing in support of I4r. Todger Anderson's proposal to trans fer t]:e G.R.F.A. from Iot 4, Casolar Drive, to his bome at 1175 Sandstone Drive. Since tbe Town of Vail has approved the 'Stu Broi,'n Project', which literally casts a shadow over Casolar Drive, the open space created from tlis proposa I would benefit all the honeornners' in tiis neigbborhood. Secondly, by improving the crawl sp,ace hneath bis garage, l4r. Anderson would el jminate the unsigh.tly 'cave-Iike' openings t]:at exist beneath. his garag'e. I arn guite sure ttnt these openings provide access to rodents and wild artjfials to nest in t]lat crawl space. Since thj-s proposal will not increase tbe exterior djnensions of Mr' Anderson's residence, I hope that tbe $own of Vail will take tie initiative to approve a proposal wttich will benefit all of Mr. Anderson's neighbors. B Casofar Drive co 81657 JACK K. AGEE ATTORNEY AT LAW 5t2 SOUTH STH STREET COLORAOO S PR INGS. CO 3oeo5 AnEA COOE 719 473-t5r5 FAX '719 47 3 28gO December 3, 1993 Toirn of Vail Pianning and Environmental Cornrnission Attn.: Andy Knudtsen Town of Vail 75 South Frontage Road vail, co 8L657 RE: Vail Public Hearing December l_3, 1993, 2:OO p.m.Iten #6 Dear Mr. Knudtsen: It is my understanding that the above item referred to is on the agenda in the Town of Vail at the tirne indicated.. As owner of Lot #5, Casolar VaiI, I herewith express my wholehearted approval of the proposal which has been made by Todger Anderson and l,tary Ellen Anderson, to create an open space parcer in the Lionsridge neighborhood by agreeing to never deve).op Lot 4, which is owned by said individuars. rt is rny understandj-ng that the Andersons have made such an offer in exchange for the Town of Vair arrowing the Andersons to improve crawl space of approxirnately L,2oo square feet that is located under their garage at L175 sandltone Drive, Vail ,Colorado. ff the town. would, grant such authority to the And.ersons, I feel that the entire neighborhood wourd benefit from the agreement.At the present time, I feel that the open space is unsightfy anA appears as holes in the foundation at the Anderson household. I feel that this is an eye sore and that this will be rectified with the improvement of the Anderson property. rt is ny further understanding that there is a new massi-ve sru BRowN PRoJEcr just above casolari this is going to create an appearance of over development of housing. rt vrould seem that an open space is needed and that the open space wourd be rnuch more acceptable to all of the residents in the neighborhood by not developing Lot 4. ,11[;i o Town of Vail Decenber 3, 1993 Page 2 In closing, f would feel that it wouLd be in the best interests of all parties, inctuding the Town of VaiI, to have the Andersons create an open space for Lot #4, and to rnake their present residence rnuch nore appealing to the eye. Ehank you for your very kind consideration in this matter. JKA/1aI cc: Thomas A. Braun, AICP /)-<$, tr..-.u..- Jf (*ad /*.u 1/it., y a,v7.\ ,/ u{1. /Lt e (u-<-r ( ,._" f c,Llay^ aa_.t_ J,/ "-'t z-<rzv'e l.u J cw Lur-( . ,-->.. ( J-j.- '/ -ed*^ /-* r/---,^_ 1,- ,--.--.-J /kzh.n ')*{-Z h 1o I,t' /t { // 'n/*', , q /J.. ry* & -d -t /"' 6.2 u'*-1', o, , l/ /-*-^-- /7 t2 *^t1'.1 J &'c *r7 7fu J.,--r."--'''...z 0 g' /=a-..-^_.__4! o o ,2il"r{o"/ I 9r"rf, g0 g,- 8o223t 9o//o", 9"-o, 7538A RfcTr Ulr-: 6 Pgl November 29, 1993 Town of Vail Planning and Environmental Commission Attn: Andy Knudtsen Town of VaiI 75 South Frontage Road Vail, Colorado 81657 Dear Mr. Knudtsen: We have been made aware that Todger and Mary Ellen Anderson of 1175 Sandstone Drive wish to j-nprove 1200 sg. feet of unimproved crawl space to a living area. The Casolar Vail Partnership (1150 West Casolar) is in favor of their proposal . I also understand that they will enter into an agreement with the town to prevent future development of Lot 4. We think this is very generous of the Andersons. With or without this concession, we have no objection to their proposal- f'm certain you will agree, the Andersons' horne adds a greaL deal to the area. we see no point for the Town of VaiI to stymie their plans. Thank you for your positive consideration. Casolar Vail PartnershiP 1150 West Casolar Michael Loehr Managing Partner Rfc'o DEc 6 W Charles P. Canpisi forest Drive Sands Point, N.Y. 11050 Decenber 2r, L993 Town of Vail Planning & EnvironmentaL Connission ATTN: Andy Knudtsen Town of Vail 75 South Frontage Road ValI , Colorado 81657 SubJect: 1175 Sandstone Drive Dear llr. KnudtEen: Please be advised that lilrs. Canpisi and I of 1146 Sandstone Drive W L/2 of Vail, Colorado, are Ln favor of the proposal of the AndersonrE to: 1 - Inprove the crawl Epace to livlng space of the subject prenises. 2 - Prevent future development of l.ot 4, Casolar,Vail. cc: Thonas A. Braun, AICP Bo"n & 4onocintzr, -0oo. December 2, 1993 Town of Vaj" I Pl anning and Environmental Commission Attn: Andy Knudtsen Town of Vai I 75 South Frontage Road Vail, Colorado 81657 Dear Sir, As a resident of Casolar Drive, speci-fically the home across from the existing empty Iot, I wholeheartedly support Mr. E l'lrs , Anderson's home improvement proposal . I would thrnk that as over-buiIt as Vail already is, any proposal that would preclude more butldings going up would be welcomed. Sincerel y, ErA'^ It. K. Baer RKil/ b j h 9, O. !fu* 9o7 - ttt d74ein 3t ."t - gonilio, AUltsouri 64qq - &6-zg6'5129 ' 9o* 816'196'46g2 "f; l,fTl,i'ffuo 6 ros3 New York, New York 10028 7?l"v*"1 uz;l Plaaa4 .-€xt;torr&t- Cct"nt*tit"' al+n iar-l*, Ju.-;,,,d lcu, ,?r--f..**;t*r r?oe vail.. Lc . fte'r7 Deac. tre -k 'r) hcrr. -b^' ;I'L ' I a-vfta o'tt'''t'+ o/ tlJ2 6 S"ir;t a^rr*, .lnert aA[c'&.f h fl{. hast c pn6,erfi et*l lr'- Tolq.rnt-o'"4 €lle^.. Ar*"lrrSr,t -a*-It?t -f a.rJ.bs A^"'.a. "I a'* ttt.ili> f' tA, iotu a.ti -c.tb1,.Learte;t 4ptw& 4 tl'" L6",c+X 2>*7o5aL f. ttt Urcio /b.sa.$ ,, f*-urrnntn Aj Cuiaai*.) #at,t),, in +:^ ft' ,r*p;rnt,,2 t>ao s2.y'a,f E ctL"!ogcatt- '4 l,i,4' anJ. *. prtL; , i,.'4a.iv,*lia' 8a t4, i;q v"i,tfi;b i^h- a 't'^'&*eelrqt^u,A ft pcuc^t a^I hr.Ctu 4/a.h$'4f { lot I , casolL, U;t , f^;d4, el.,.J ly fu ErlU,o*-+. Yt& P'*,o4 ft'alQz g*e)!d 'z^- f" dr usa.q * #;{tr,- oz 7 utiil a.or in attlu-zt1 LLzcrg< fi* e>)erir rl *. erauoi Ar'LtJ la.^1- dl& crr ,L "tat* hi,p- fexl!,;A 4tq,f l&llt' % opaa- /4*, a,at, .> + fin Laao/a"6ttza ' ,it,tl,' ,^* -, |'\'n . u *;o 't'*!r/ * a.lnnsff r?.Le?tJu'b ef a- !'natL*oL , , r%,,-t 2tv<*ITf ni**/ /" L Ar;7 . c/,antll ; rtv hevrilgz aA44' ; Lry tL fur/v,'/ t/;( f)aea,g t €es,wndiJ C t+r.ntbi.* t.tA ?@ c'a^tf-L e;,ALraIrA* h 'tAt, prntso/. '!au*o {rlr, -{r-".- a,{nte,,e/ ttlrql<) 'l{60[ Dt'J /J 1993 ADVENTURES,INC. 1445 Peorl Street, Suile 215 Boulder. Colorodo 80302 303 / 443{131 800 / 551-6692 Fox 303 / 443-3775 December 3, 1993 Donald R. Gruidel 7352 Meadow Court Boulder, Colorado 8o301 Dear Mr. Knudtsen, My VaiI home is located at 1l-75 Casolar Drive Unit A. We are located right below the residence of Todger and Mary E11en Anderson and look up at their home from below. Their unimproved crawl space would be more appealing to our eyes if it were finished rather than as it stands today unfinished. I enthusiastically support their proposal to the Town of Vail to finish the crawL space and provide an open space in the Lionsridge neighborhood. -sincerelX' ,, '/ /r__-r_4/ ^ /,4.n/"1 Donald R. cruidel .,,o ., o. & o 4. A request to modify the landscaping plan associated with the previously approved exterior alteration proposal for the Slifer Building, 230 Bridge StreeVPart of Lots B and C, Block 5, Vail Village 1st Filing. Applicant: Rod and Beth Slifer Planner:Kristan Pritz 5. A request to relocate the helipad to the east end of the Ford Park parking lot located at 580 S. Frontage Road EasVan unplatted parcel located between VailVillage 7th Filing and Vail Village 8th Filing and a portion of the l-70 right-of-way' Applicant: VailValley Medical Center Planner: Andy Knudtsen An appeal of a staff interpretation regarding a deed restriction limiting the use of a crawl space at the Todger Anderson residence, located at 1175 Sandstone Road/Lot 1, Block 1, Lionsridge 4th Filing. Applicant: Todger Anderson Planner:Andy Knudtsen THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and EnvironmentalCommission of the Town of Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the Torvn of Vail on December 13, 1993, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: 1. A request for variances for setbacks, density and parking in the front setback for the development of a condominium project and an employee housing unit to be located at 44 Willow Place/Lot 9, Block 6, Vail Village 1st Filing. 2.A request for site coverage, density and landscaping variances to allow the construction of a nerv garage and the conversion of an existing garage to an employee housing unit located at 1045 Homestake Circle/Lot 3, Block 1, VailValley 1st Filing. Applicants: Planner: Applicant: Planner: Applicant: Planner: Frederick H. Larson, Dorothy H. Larson, l-awrence K. Larson, Frederick A. Larson and Lance V. Larson Shellv fi4ello Rod and Beth Slifer lvlike Mollica Juanita l. Pedotto Andy Knudtsen 3. A request for a rvorksession to rezone a tract from Primary/Secondary Flesidential to Low Density Multi-Family, located at 2850 Kinnickinnick Road/more specifically described as follows: A parcel of land in the Southwesl Quarter of Seciion 14, Township 5 South, Range 81 West of the 6th Principal Meridian, more pariicularly described as follov/s: Beginning at a poinl rvhence a brass cap set for a vritness corner for the Wesl Quarter of said Section .14, bears (l.lcr1h 29 degrees 28 minutes 51 seconds Wesl, 1073.08 feet Deed) (Nor1h 43 Degrees 15 minules 02 seconds Wesl, 915.-c6 feet lvleasured); Thence Nonh 74 degrees 05 minutes 19 seconds East, 10.76 feel; Thence 183.62 feet along the arc of a curve to lhe right which are subtends a chord bearing Norih BB degrees 12 minutes 30 seconds Easl, 181.76 feel; Thence Souih 77 degrees 40 minules 21 seconds Easl, 62.77 ieet: Thence 147.43 feet alcnE the arc of a curve lo the left \';hich arc subtends a chord bearing Norih 86 degrees 36 minutes 17 seconds Easl, 145.60 feel; Thence Nonh 70 degrees 52 minules 55 seconds East,406.55 feel: Thence 54.'10 feet along the arc of a curve to the right which arc subiends a chord bearing Soulh 47 degrees 20 minules 37 seconds Easl, 44.20 teet; Thence South 14 degrees 25 minules 50 seconds West. 110.51 feel: Thence South 68 degrees 18 minutes 91 seconds West, 320.00 feet: Thence Nonh 19 degrees 07 minules 05 seconds West, 50.00 feet; Thence Souih 77 degrees 48 minules 41 seconds West, 160.18 feel: Thence South 10 degrees S minules 33 seconds Wesl, 36.48 feet; Thence North 87 degrees 40 minutes 06 seconds West, 337.72 feet; Thence (North 11 degrees 52 minutes 13 seconds Easl, 130.00 feet Deed) North 11 degrees 55 minutes 31 seconds East, 129.75 feet [4easured) 10 the PO|NT OF BEGINNING. Bearing from G.L.O. record for Soulh half of Section line between Sections 14-15. (G.L.O. record Soulh 01 degrees 30.2 minutes East) (Sorxh 01 degrees 38 minules 32 seconds East Measured) IV.APPENDIX AdJacent Property Owners Casolar Vail Homeowners Association Mr. Jack Agee 813 Mira Drive Colorado Springs, Colorado 80906 I.o/-3 Lion's Ridge Filing No. 4 Mr. Dennis Gartner 20620 Lindwood Excelisor, Mnnesota 55331 l-ot4 Lion's Ridge Filing No. 4 William Campbell 15270 DaleAvenue Deephaven" MinnesoA 55391 Lot 5 Lion's Ridge Filing No. 4 1 11 Hanison Avenue Bonnycrest Manor #5 Newport, Rhode Island 028zlo L-ot 6 Lion's Ridge Filing No.4 FrBd W. Pool 7 Martinl:ne Englewood, Colorado 801 10 PETER JAMAR ASSOCIATES, INC. PLANNING . DEVELOPMENT ANALYSIS . RESEARCH Suite 204, Vail National Bank Building 108 South Frontage Road West . Vail, Colorado 81657 . (303) 476-7154 Transmittal Memorandum ro: 'TOV Wg are sendino {( Herewitn D Under Separate Cover Date: tof Z I ""rI^<r"11 Via ! First Class Mail ! Express Mail B Our Messenger # of Copies k ! q, tr o Plans Original Rsport Proposal Contract Other o D D For Your Use p For vour Review D For Yorr Approval D o As Reauested Other A\, ,5 *-G',. ,-,, ^---- 2 )*'1a ,{+..^ il^\o 5I^*J W ,,,.'- *,"-o*o bL l'- L ."^-.'n0"- 'tJ* '- W-z- "\ --\t sk*{& u^."An'- A''tt{L '/\r'^'rl*t du*arz'J-- t/uv.. ,r*h^r^^i ; -[^^ t t'i^'4 '$^'\ +* '^'**Ll 1"\0n t*6 l^k- - Li- ,n^- k^*- { -'.!-",^ put=)L&' -{*,--t',.By,-i-lr.--- t 3., PETER JAMAR ASSOCIATES, INC. PLANNING . DEVEL OPt,lFNl nNALYS|S. utslAUCH October 27.1993 Mr. Andy Knudtsen Department of Community Development Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Request to Lift Title Restriction Todger Anderson Residence Dear Andy: Thank you for your time last week to discuss the Town's position on the crawl space below Todger Anderson's garage. As you are aware, it is the Anderson's intention to obtain necessary approvals from the Town in order to improve this crawl space to living area. The purpose of the following proposal is to outline the Anderson's request to lift the existing title restriction that prohibits the improvement of this space. If approved, this proposal will allow the Anderson's to achieve their goal of improving this crawl space while at the same time provide a significant public benefit to both the immediate Lions Ridge neighborhood and the Town of Vail. There a two major elements involved in this proposal: f ) Lift Title Restriction The Anderson's request that the Town of Vail lift the existing title restriction on the above referenced property that requires the crawl space to remain open and unimproved. 2) Creation of Neighborhood Open Space As a part of this approval, the Anderson's will enter into a written agreement with the Town of Vail that will permanently restrict the future development of l,ot 4, Casolar Vail. I will look forward to discussing this proposal and the review schedule with you. This plan will be submitted by the end of the week. Please let me knorv if I can provide you with any other information. Sincerely,(i*-- $*-*--- Thomas A. Braun, AICP cc: TodgerAnderson Suile 204, Va I Nationa Bank Burld n9 108 South Fronrage Road West . Vail, Colorado 81657 . (303) 476-7154 ANDERSON RESIDENCE PROPOSAL TO LIFT TITLE RESTRICTION INTRODUCTION The following outlines a request to lift an existing title restriction on Lots I and 2, Block 1, Lions Ridge Subdivision Filing No. 4. This restriction prohibits an existing crawl space from being improved to living area. If approved, this proposal will allow the Anderson's to achieve their goal of improving this crawl space rvhile at the same time provide a significant public benefit to both the immediate Lions Ridge neighborhood and the Tc>rvn of Vail. There a two maior elements involved in this proposal: 1) Improvement of Crawl Space to Living Area The Anderson's reouest that the Vail Town Council lift this restriction in order to allow tor this space to be improved as living area. This unfinished basement level space of approrimately 1,220 square foot is located below the Anderson's garage. The improvement of this space rvould result in no increase to the erterior dimensions of the eristine residence. 2) Creation of Neighborhood Open Space The Anderson's own Lot 4, Casolar Vail, a single-family building envelope that is located adj acent to their residence. As a part of this proposal, the Anderson's rvill enter into a written agre€ment with the Town of Varl to permanent restrict the future development of this building envelope. Restricting the development of this building envelopc rvill establish an open space parcel in the midst of an intensely developed neighborhood. Refer to the attached Anderson Residence/Cesolor Vail Site Plan. Due to the title restriction cunently imposed on this property, changes to the Town of Vail Tnnng Code, and other factors, this request involves a number of somewhat complex issues. While in simplest terms the request before the Town is to lift the existing title restriction on the Anderson's property, it is imporlant to understand other aspects relative to the crarvl space and relevant provisions of the zoning code. The follorving outlines background on the Anderson residence, eristing GRFA on the property, a description of the request to lift the title restriction, and a summary o[ this proposal. BACKGROUND ON THE ANDERSON RESIDENCE In March of 1990, the Anderson's received approval to subdivide trvo single f'amily (plus caretaker units) lots into one single family lot (plus caretaker unit). The result of this approval rvas a net reduction in density from 4 dwelling units to 2 dwelling unils. In addition, the suMivision of these lots reduced the total allowable GRFA of the sites from 6,886 square feet (plus credits lor four units) to 5,011 square feet (plus credits for two units). This request was unanimously approved by the Planning Commission. The Anderson's began construction of their home in 1990. Due to the steep slope of the lot below the home (in excesi of 30%), a consirlerable portion of the site u as excavaied in order to pour foundation walls and footers. While the excavated area belorv the garage was left as unimproved space, the Town Staff was concemed about the space for two reasons, 1) the area did not meet the Town's definilon of "crawl space" because the floor to ceiling height of the space exceeded 5 feet, and 2) Staff was concemeri that the space could be converted to living area at some point in the future. No building inspections were scheduled by the Town's Building Deparfment until an acceptable solution to these issues was reached. The Town Staff proposed the following two solutions to resolve this situation: l) Construct t\^io permanent openings in the south wall of the excavated space. 2) Establish a title restriction prohibiting the conversion of this space to GRFA, The Anderson's agreed to both of these conditions. Refer to an attached copy of the title restriction that describes both of these two solutions. EXISTING GRFA ON THE ANDERSON'S PROPERTY The title restriction requires that "the subject property shall have two openings in the south facing wall below the bay windows" and "this area will be permanently restricted and uninhabitable space, open to the outside". This restriction is a significant factor because it prevents the Anderson's from converting this space to living area. However, it is also very significant from the standpoint of how existing GRFA on this property is calculated. The GRFA definition in effect in 1990 defined GRFA as "the total area within the enclosing walls of a structure including all habitable areas; . . . .". The ordinance goes on to exempt crawl spaces from GRFA provided the distance between the floor and ceiling is less than five feel The area below the garage has floor to ceiling heights well in excess of five feet and technically does not qualify as crawl space. However, the area below the Anderson's garage did not sati sfy the The 1990 GRFA definition was interpreted by the Town SAff to mean that any space not totally enclosed did not count as CnFg. The two openings added to the south facing wall meant the space below the garage was not totally enclosed. As a result, this space was not a part of "the total area within the enclosing walls" and as such cannot be considered GRFA. . Unimproved Space The space below the garage was unimproved space; a floor was not installed, walls were not sheetrocked and there was no ceiling. As unimproved space this area was not habitable, thereby not satisfying the "including all habitable space" provision in the definition of GRFA. A new definition of GR.FA was adopted in December of 1990. The new definition ol GRFA "means the total square footage of all levels of a building, measured at the inside face of the exterior walls". The defirution goes on to exclude cerfain areas from calculation as GRFA, including "roofed or covered d&ks, porches, trerraces, patios or similar features or spaces with no more than three exterior walls and a minimum opening of not less than twenty-five percent of the lineal perimeter of the area of said deck, porch, terrace, patio, or similar feature or space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing o[ up to three feet in height". Based on this new definition, the crawl space is considered GRFA. This is due to the fact that the crawl space is part of "the total square footage of all levels of a building" and that the crawl space does not satisfy the exclusion provision for "roofled or covered decks, porches, terraces, patios or similar features". Not only is the crawl space now considered GRFA, it is legal space because it was consistent with zoning provisions in place prior to the time the new GRFA definition was adopted. As a result of the new GRFA definition, the crawl space is now legal non-conforming GRFA, The circumstances surrounding this space and the definition change to GRFA are significant in that the only obstacle preventing the improvement of this space to living area is the title restriction. Il the title restriction is lifted by the Town Council, the Anderson's will have the abilig to improve this space to living area subject to the issuance of a building permit and compliance with other applicable sections o[ the zoning code. REQUEST TO LIFT TITLE RESTRICTION As described above, based on the current provisions of the Town of Vail Zoning Code the Anderson's crawl space is legal non-conforming spac€ that can be converted to living area. However, the title restriction specifically states that this space "will be permanently restricted and uninhabitable space, open to the outside". In order to allorv for this space to be improved, the title restriction will have to be lifted by the Town of Vail. The basis for the Anderson's request tc lift the title restriction are as follows: 1) The title restriction was established in order to ensure compliance with GRFA regulations in place at the time the Anderson's residence was constructred. Due to changes in the definition of GRFA, the crawl space is now legal non-conforming space that could be improved to living atea. The Town Staff has allowed other similar crawl spaces to be improved as GRFA based on the determination that these spaces became legal non-conforming space as a result of the change to the definition of GRFA. The improvement of the crawl space to living area will result in no increase to the existing bulk and mass of the Anderson's residence. DEVELOPMENT RESTRICTION OF LOT 4, CASOLA.R VAIL The Anderson's own [,ot 4, Casolar Vail, a single family building envelope located adjacent to their residence. As a condition of the Town's approval of this request to lift the title restriction, the Anderson's will enter into an agreement with the Town of Vail that will prohibit the future development of l-ot 4. [.ot 4 has the following development potential: L) 3) I ot 4. Casolar Vail Building Envelope Size - 2,400 square feet Density - Allowable GRFA- GRFA Credits- TOTAI GRFA- I single family residence 1,690 square feet 225 square feet 1,915 square feet In addition to 1,915 square feet of GRFA, the development of Lot 4 could also include a garage of up to 600 square feet. As a result, restricting the development o[ [.ot 4 rvill eliminate a building that could include up to 2,515 square feet of floor area. Prohibiting the development of l-ot 4 will provide great benefit to the neighborhood. The Lions Ridge neighborhood is approaching buildout and has evolved into a densely developed area. Prohibiting the development of Lot 4 will maintain a pocket of open space rvithin this highly developed neighborhood. The creation of an open space parcel is also consistent with the Town's long standing objective of creating new open space rvithin the Tolvn ol'Vtul. The Anderson's commitment to restrict the development of [-ot 4 represents an opportunity to create an open space parcel at absolutely no cost to the public. The restriction on the development of krt 4 will be structured in a manner mutually agreed to by the Anderson's and the Torvn Attorney. The restriction could be established in a deed restriction, a conservation easement, or some other form. The purpose of this restriction is to ensure that l-ot 4 remain undeveloped, thereby creating an open space parcel for the Torvn and the immediate neighborhood. As such, the restriction shall prohibit all residential development including drvelling units and GRFA, shall run with the land and apply to all futurc owners, grantees, successors and assigns, and shall include the Torvn of Vail as a party to the agreement. SUMMARY OF REQUEST As described above, the circumstances surrounding the Anderson's crarvl space and the change to the definition of GRFA are such that the Anderson's have the right under existing zoning to convert the crawl space to living area. The Anderson's do recog-nize the existing-title reitriction and that approval of the Town Council is necessary in order to remove this restriction. As a part of requesting the Council's consideration of removing this restriction, the Anderson's have offered to enter into an agreement with the Town restricting the future development of Lot 4, Cersolar Vail. If approved, this proposal represents a "winiwin" situation for the Torvn of Vail, the Lions Ridge neighborhood, and the Anderson's. Consider the following points: . The Town and the Lions Ridge neighborhocld benefit from the creation of an open space parcel at no cost to the public. . Restricting the development of [-ot 4 rvill eliminate building bulk and mass that would occur from a building that could exceed 2,500 square feet in size. . The Anderson's are able to convert an existing crawl space to living area. . Converting the crawl space to living area rvill result in no increase to the existing bulk and mass of the Anderson's residence. I I I I I \ \', I / I I I I I t I I I I I t I I I I I I I I I t ) \.'- X I t I I l9 \lR N l$n tfr i lr r\ I I I I \l \i \l _-4 F''o t\ \'\ \\ \ ".. \\\'\i \ ,. -'1 r"- "\ .)\ ) t ;' ',/ \ ,- *-t*-" '-'',' i'' \ t***-r *\ii;' t, N,N\ lji-.i'' /'\\tll 'il(",:)/" I l"--'lll 'u,/ 'I lfr / A: I l\-i\ i;ir/ $$ I l(--:l$/(. d{ I / r::,jri,,'^l\ i (... u,rr ll ,',.,",' '\ I z \\\ I ,' ^r'^--7 )t* \'i,/ t--''1 'R tt---/- ,$il$l* TOWN OFVAIL 75 South Frontage Road Vail, Colorado 81657 303 -479-2 I 3 8 / 479-2 I 3 9 FAX 303-479-2452 October 28, 1993 De pa rt tn e nt of Connwriry Deve lo pn e nt Tom Braun Peter Jamar and Associates Vail National Bank Building 108 S. Frontage Road West Vail, CO 81657 RE: Interpretation of crawl spaces Dear Tom: Attached to this letter are lhe two examoles of situations where the Town has allowed crawl spaces to exceed five feet in height. In both cases there were extenuating circumstances which warranted the exception. Gary Murrain, the Chief Building Official, evaluated the plans closely to understand the constraints of the sile and the limitations of the structural solutions. In addition, a planner reviewed the proposal to determine that there were extenualing circumstances. Based on this evaluation, we allowed head height to exceed five feet. lt is important to remember that these crawl spaces have dirt floors and are not finished living space. This policy was not in place when Todger's problem arose. However, his issue arose during the construction process. It is important to emphasize that in each case, the architect came to the town staff prior to the construction of the building. The town staff and the architect had the opportunity lo evaluate the plans and look at other options, and come to the conclusion that this was the most logical solution. Please note that the spaces are.p! allowed to be used as GRFA. lf you would like to talk about these anymore, please give me a call. I hope this information helps you out. \|rd enc. G*?"' File MEMORANDUM TO: FROM: DATE: SUBJECT: Due to the Enter Reason-, we have decided that the crawl space below the space name- shall be allowed to have a head height which may exceed 5 feet in height from the surface of the earth to the bottom of the structural member above. lt should not be considered GRFA or site coverage Kristan PriE, Community Development Director Gary Murain, Chief Building Official o @ fu'l! .,,t/u, {P!-nvw - "LnG u U TO:' FROM: DATE: SUBJECT: File Shelly Metlo November 18, 1gg1 Frein Residence, Lot g, MEMORANDUT/t Block 1, Vail Potato Patchl798 Potato Patch Drive Due to lhe average slope of Lot 8 exceeding 30%, we have decided that the crawl space below this residence shall bo allowed to havl a head height which may exceed S teet in height from the surface of lho earth to the bottom of the structural member above. lt should not be considered GRFA. -.: ment Director o MEMORANDUM TO:Andy Knudtsen +{fib|*€ri?|,.1 Tom Moorhead September 29, 1993 Todger Anderson "Crawl Space" lf you have any other questions or comments, FR: DA: RE: ,,,,x'l lt- !, ;l ^r,l (" r''l( , ";t" L n 0t',' . r- tL._. t ) rrl'( ,,t l' ..r^ - \ t**' b/..-\r'\ t .,r n*' l''' , ,l I'|- i' 1,7;, ){' l" ,;.n'' ('lf r ,,! ' l- r/.f'" r t ,,ltl k,'v t''f{ tl'' 4 ', L'l a G,l'' ,"6' .t (' U' '' 'i f ?,N ,' , r'ur 4ll5 \"fl',*liij ,,'. n . , /, 'vr . 4'r"' u,,'4"t/ ,r''- | \l d "T r/{ i\r r,r! I, l-,/.f," , , iV, ,u,,f t L'nt , J,'"(r' .<,i"r",, 'itd'[ W F\^ ' I' L"' fi: 1,. (/' G L.t'1 I agree with the staff's position that this conversion should stand or fall on its own merits and not be accomplished by negotiating GRFA between Lots. The Deed Restriction controls. Mr. Anderson voluntarily chose to restrict the property. lt is the Deed Restriction that now stands between him and conversion of the space io dnpn. He voluntarily restricted the property because of creating illegal space, that circumstance has not changed. I agree with staff's position that this should go to the Planning and Environmental Commission for review and recommendation to Council. I believe that Mr. Anderson has no legal right to expect this Deed Restriction to be lifted. lt is clearly within TOV's authority to require tne restriction to remain in place. please let me know. att [*r" (r*- y,l ,|( ,t "^///&I L (r {r -), i FfL r MEMORANDUM Tom Moorhead ffidt Kntdtsen and Kristan Pritz September 14, 1993/Revised September 17, '1993 Todger Anderson "crawl space" Ordinance No. 15, Series of 1991 , was passed. The GRFA definition was changed concerning multi{amily buildings and common area. Ordinance No. 16, Series of 1991, was passed. The GRFA definition was changed to include a residential credit for multiJamily zone districts. [ ^,-' i',r, r.,. I .i TO: FROM: DATE: SUBJECT: June 18, 1991 June 18, 1991 Could you please give us a legal interpretation regarding the Todger Anderson crawl space? We have listed the facts below regarding the construction of it and then have questions regarding the position we should take and lhe process that should be followed' Backoround April 4, 1990 Proposed residence approved by Design Review Board. Note on approval form indicates that "unit is maxed -- no GRFA may be added." Summer of 1990 Construction underway. August 10, 1990 Letter written from Shelly Mello to Todger Anderson. Excavated space beneath the garage had been "discovered". Solution needed to be found. Staff suggested two permanent openings in the south wall be made and deed restrictions prohibiting a conversion of the space to GRFA be recorded. Todger Anderson agreed. Those two things have been completed. Building permit noted this area as "unexcavated". lt would not have met the definition of crawl soace under Section 18.14.130 of the Town of Vail Municipal Code at the time because of the amount of excavation The five foot height was exceeded. In the August 10, 1990 letter, Shelly says that no inspections will be scheduled for the project until the solution had been provided. December4, 1990 OrdinanceNo.3T,Seriesof 1990,waspassed. Anewdefinitionof GRFA was approved -- staff's attempt was to close loopholes. \ Proposal: Mr. Todger Anderson would like to enclose this deed restricted space at this time and convert it to living area. He is willing to deed restrict an adjacent parcel so that no development will be allowed on the site (Lot 4, Casolar ll) as part ot the negotiation. His position at this time is that this space, as viewed under the current regulations, already counts as GRFA and should be allowed to be finished. Staff Position: Though staff understands that the new ordinance allows spaces like this one which have been leqallv constructed to be linished, staff questions if this space was legally constructed. For exarnple, if a home was constructed with a large crawl space which was shown on the plans and built according to plan, then that crawl space could be finished at this time. Staff position is that this space cannot be converted under any circumstance because it was not built legally and it is not a space that can be "grandfathered" to take advantage of the new code as the deed restriction was designed to specifically avoid this situation. The construction was stopped and no inspections were going to be allowed as it was seen as a violation of the building permit plans. An alternative point of view (and the applicant's view) is that the space should be allowed to be finished because the solution that was used (i.e. breaking up the south wall with the two openings) has been used on other projects to make spaces like this legal. The ordinance in eifect at the lime had been interpreted to only count gglqled spaces as GRFA. Openings such as these had been found to be adequate to make a space "unenclosed". This was a loophole in the old GRFA definition which has since been addressed in the new GRFA definition. This solution could have been allowed to be finished o{f at this time. Since the difference between solutions is in the procedure, not the result, should Mr. Anderson be penalized? Process: Once we determine what our position is, we also need to determine what the process should be. Staff believes that this should go to the Planning and Environmental Commission (PEC) for a review and recommendation and then lo Council. The issue to be voted on will be a resolution lifting the deed restriction. The resolution has already been written. In general, staff believes that the restrictions on Lot 4, Casolar ll should not be included as part of these negotiations. We believe that either the space is illegal and can never be converted or it is legal and can be converted. We do not believe that it is appropriate to allow Mr. Anderson to propose restricting GRFA on one lot in exchange for getting GRFA on another lot. We believe that this would open a messy can of worms thal would produce no end ol headaches -- as if this is not big enough! We are concerned about precedent and getting into the business of trading development rights among parcels of land. +t;ffi6lfi;cr Kristan PriE Tom Moorhead September 29, 1993 TO: MEMORANDUM o ,flf8D stP :i a pgl I agree with the staff's position that this conversion should stand or fall on its own merits and not be accomplished by negotiating GRFA between r:ots. The Deed Restriction controls. Mr. Anderson voluntarily chose to restrict the property. lt is the Deed Restriction that now stands between him and conversion of the space io dnfn. He voluntarily restricted the property because of creating illegal space, that circumstance has not changed. I agree with staff's position that this should go to the Planning and Environmental Commission for review and recommendation to Council. I believe that Ml. Anderson has no legal right to expect this Deed Restiction to be lifted. lt is clearly within ToV's authority to requlre tne restriction to remain in place. lf you have any other questions or comments, please let me know.ffit (r"- Todger Anderson 'Crawl Space" CtTD@RWLSP.MEM FII-E $OPY TOTTN OF VAIL 75 South Frontage Road Vail. Colorado 81657 303-479-21 i8 / 479-2139 FAX 303-479-2452 August 16, 1993 De parttnent of Conuuniry Deve lopnent Mr. Tom Braun Peter Jamar Associates Vail National Bank Building 108 South Frontage Road West Vail, CO 81657 RE: Lots 1 and 2, Block 1, Lionsridge 4th Filing Dear Tom: As we discussed on the telephone on Friday August 13, 1993, the staff has tabled Resolution No. 9, Series of 1993, waiving the deed restrictions for the lot referenced above to a later Council meeting. Prior to discussing this issue in front ol Council, staff would like to understand the implications of this request on other properties. Staff is concemed that this decision could change the development status of other properties in the Town. We would like to research this closely and insure that this request is appropriate given the zoning standards we have for GRFA. We will be discussing this issue with Tom Moorhead, our Town Attorney, and the rest of the staff soon to establish the appropriate process and criteria. This request may also need to go to the Planning and Environmental Commission. We will keep you posted as soon as we know the process, and specific dates for meetings. lf Mr. Anderson or you have any questions about these issues, please call me aI 479-2138. Sincerely, /l / /,/ t//l ','/ /,/ / //f"7 r(az.zU d<-l Andv Knddtsen I Towh Planner \ TO: FROM: DATE: SU&JECT: MEMORANDUM Town Council Community Development Department August '17, 1993 Request by Todger Anderson to release a deed restriction ii c. l; JI rt I. DESCRIPTION OF THE REOUEST Mr. Todger Anderson would like to add approximately - square feet of GRFA to his residence located on Lots 1 and 2, Block 1, Lionsridge 4th Filing. This space is located immediately below the existing four car garage. II. BACKGROUND In 1990, when the residence was under construction, the space under the garage was excavated though the building permlt plans called for it to be a crawl space. When staff found this space during construction, we required Mr. Anderson to: 'l . Put two permanent openings into the south wall of the area, and 2. Deed restrict the property in perpetuity, preventing this area from being finished as habitable GF|FA. A letter from Shelly Mello to Mr. Anderson dated August 10, 1990 is attached to this memo and outlines these conditions in more detail. Staff could have required Mr. Anderson to backfill the space and create a crawl space. In order to do this, the entire portion of the structure would have been raised and then rebuilt with foundation walls strong enough to support the fill. As it is constructed with wood framing, the existing walls do not have the strength or are not built with the correct material, to allow this space to be backfilled. In an eflort to work with Mr. Anderson, staff secured the deed restrictions and allowed the space to exist without being backfilled. This structure was built and the decisions of 1990 were based on an ordinance defining GRFA which was adopted in 1982. Since this structure has been conslructed, the Town has revised the definition of GRFA. This was done by Ordinance No. 37, Series of 1990, which was adopted on second reading on December4, 1990. Later, this revision was refined with Ordinance No. 15, Series of 199'l , which was adopted on second reading on June'l 8, 1991. Under today's regulations, this space, as it exists, counts as GRFA. Any space which is covered and enclosed with walls by more lhanT0o/" of the perimeter of the room, is counted gA GEFAJ n ithoutsnfTown-Review (except ' thedeed restriction. A common example along these lines that staff sees lrequently are requests to finish the basement room in the Golf Course Townhouses. When that project was approved, a room behind the garage was allowed to be constructed but was not counted as GRFA as it did not meet the definition of GRFA at that time. These rooms are not finished and many of the residents there want to finish them. Under the current regulations, lhese rooms are grandfathered because they meet all of the standards of today's GRFA definition - and were legal when they were constructed. The difference between the Golf Course Townhouses basement room and this project is that this space was never legal at any time. The residence on this lot was built in 1990 and has used all of the allowable GRFA. Mr. Anderson is willing to permanently deed restrict Lot 4, Casolar Vail. This lot has an allowable GRFA of square feet. Currently, it is vacant. This request is to be approved. In order for this request to be approved, the Council must pass Resolution I of Series 1993. The reason the request is before Council is because it requires lifting deed restriction pertaining to this space. III. STAFF RECOMMENDATION Staff recommends approval of Resolution No. 9, Series of 1993. We believe that transferring GRFA from one lot to a site that has already been developed is a reasonable request. By finishing the space below the garage, Mr. Anderson will not be changing the appearance of the mass and bulk of this property. 9l PETER JAMAR ASSOCIATES, INC. PLANNING. DEVEI OPL,4tNr ANATYS S.lt[StARCfi August 3,1993 Mr. Andy Knudtsen Department of Community Development Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Todger Anderson Residence Lots I and 2, Block l. Lions Ridge Filing No. 4 Dear Andy: The purpose of this letter is to formally request that the title restriction cm thc above referenced property be lified by the Torvn of Vail (see attached cop5r). As you are awarc, this restriction requires that two openings be maintained on the south side of the residence below the garage and that this area of the residence be "permanently restricted as uninhabitable space, open to the t.lutside". This restriction and the introduction of the two openings rvere required by the staff in 1990 to ensure that this spacc remain uninhabitable and not be improved as living space at some point in the future. The basis for lifting this restriction is the staffl's interpretatit'rn that rvith the nerv definition of GRFA, the space in question is norv considered legal non-conforming GRFA. Were it not for the title restriction, this space could be improved to habitable space without increasing the amount of GRFA on the property. As such, if all other applicable zoning regulations were satisfied, this space could be improved with DRB and building permit approvals only. Given the new definition of GRFA and the decision that this space is legal non-conlbrming space, there is no longer a need for this title restriction. While at one time the Town felt there w'a-s a need for this restriction, today the restriction is in conllict with the z-oning code. Liiting this restriction is essentially a request by the Anderson's to be treated the same as other properties lhat have been allowed fo improve similar spaces srhsequenl t() the adoption of the new definition ol'GRFA. You had mentioned that the SDD application fee rvould be refunded to the Anderson's. I am not aware that this has been done. Would you please see rvhat you could do to erpedite this refund and fonvard the check to the Andersons. Your help is appreciated. I havc spoken to Kristan regarding this matter while you were on vacation. I would like to present this item to the Town Council at their August lTth evening meeting. As I understand the siiuation, a resolution by the Council is necessary to lift this restriction. I think it would be helpful for Kristan, you and myself to sit dorvn next week to discuss this request and review process. Su te 204, Vail Nat onal Ban( Bui drng 108 Soulh Fronlage Foad Wesl . Va l, Colorado 81657 . (303) 476.7154 o l9 Mr. Andy Knudtsen August3,1993 Page2 I will be in touch to set a date and time for getting together. Please let me know if I can provide you with any other information. Sincerelv. {1, n n GUs^^4t!,b[fi^-- Thomas A. Braun, AICP cc: TodgerAnderson A&o v,qzt 4t *, q ts,, /,u,. 6ty14. t /k rtl, :4 Orrfi+ h.V I : Cnrl"^ O/'*UA /-'/- . /a.* 4f 4* ,\ ,/4e{ Ajz< ../^;/* , u"t/.r o o Trilf !\ fmmitmentTo lnsure ALTA Commitment 1970 Bev. MINNESOTA TITLE NSUBANCE COMPANY 0F MINNESOTA, a M nnesota corporation, herein cal ed the Company, for a valuable consideration, hereby comm ts to issue its pol cy or po icies 0f title insurance, as tdentifred in Schedule A, in favor of the proposed nsured named in Schedule A, as owner or moftgagee 0f the estate 0r interest covered hereby n the land descr bed or refened to in Schedule,A, upon payment 0f the premiums and charges therelor; all sublect t0 the provisions of ScheduJes A and B and to the Donditions and Strpulat ons hereof. Ihis Commitment shal be effective only when the identity 0i the proposed Insured and the am0unt 0T the pol cy or po icies commitled for have been rnsefted in Schedule A hereof by the Company, e ther at the t me of the rssuance of this Comm tment or bv subseouent endorsement This Commitment is preliminary to the rssuance of such policy 0r p0licies of t tle insurance and all liability and ob igations hereunder shall cease and terminate six monlhs atter the effect ve date hereof or when the policy 0r pol cres committed for shall issue, whichever first occurs, provrded that the lailure t0 issue such policy or p0 icies is not the fault oi the Company. CONDITIONS AND ST PUI-ATIONS 1 The term "mongage", when used herein, shall inchde deeC 0f trust, trust deed, or other security instrument. 2 lf the proposed Insured has or acquires actual know edge of any deiect, hen, encumbrance, adverse claim 0r other matter affecting the estate 0r interest 0r m0rtgage thereon covered by this Commitrnent other than those shown in Schedu e B hereof, and shall fail to disclose such knowledge t0 the Company in wrlting, the Company shall be relieved from liability for any loss or damage resultirg from any acl of rel ance hereon t0 the exlent the Company is prelud ced by failure of the proposed nsured to so disclose such knowledge f the prOpOsed Insured shall disclose such knowledge t0 the Company. 0r f the Company otherwise acquires actual knowledge of any such defect, I en. encumorance, adverse ctarm 0r other matteI the Company at its opt on may amend Schedule B of this Commrtmenl accordingly, but srch amendment shal not relieve the Company from iability previously incuned pursuant to paragraph 3 0{ these Conditions and Stipulations 3. Liabiliq, of the Company under this Commitment shall be only t0 lhe named proposed lnsured and such parties included under the definition of Insured n the form of policy or polic es committed for and only for actual oss ncuned in relrance hereon rn undertaking in good faith (a)to comply with the requirements hereof or 1b) to eliminate except ons shown in Schedule B, 0r (c) to acquire 0r create the estate or interesl 0r m0rtgage there0n covered by this Commitment In no event shall such liab lity exceed the arn0unt stated in Schedu e A for the policy or policies committed fm and such iabi ity s subjecl to the insur ng provisions and the Conditions and St pulatrons and the exclusions from Coverage of the form of policy or poltcres committed lor in favor o{ the proposed lnsured which are hereby incorporated by reference and made a patr of this Commitrnent except as expressly modif ied herein. 4. Any actron 0r aclions or rights of act on that the proposed Insured nray have or may bring against the Company arising out 0f the status 0f the t tle t0 the estate or rnterest 0r the status 0f the rnOrtgage trrereon c0veied by this Commrtment must be based on and are subject to the provisions 0f th s Commitment SIANDARD EXCEPT]ONS ln additi0n to the mafiers contained in the Conditions and Slipulations and Exclusions from Coverage above referred to, this Commitment is also sub je ct t0 the f 0llowing: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims oi easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a c orrect survey and ins pection of the p remis e s would disclose and which are n0t sh 0wn by the public records. 4. Any lien, 0r right t0 a lien, for services, labor or materialtheretofore or herealter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,lirst appearing rn the public records or attaching subsequent to the effective date hereof but pri0r t0 the date the pr0p0sed insured a cquires of rec0rd for value the estate 0r interest or m0rtgage thereon covered by this Commitment. lN WITNESS WHERE0[ Title Insurance Company of Minnesota has caused its c0rporate name and sealto be hereunto affixed by its duly authorized oflicers 0n the date shown in Schedule A, to be valid when countersigned by a validating officer 0r other authorized signatory. TITLE INSURANCE COMPANY OF MINNESOTA A Stock Conpany fuatuq 1{stifu Authonzed Signatary TIM Form 25 82 MINNESOTA TITLEA HOM E OFFICE 3033 East First Ave.,5uite 600 Denver. CO 80206 P. O. 8ox 5440 Denver, CO 80217 321. r 8B0 / FAX 322-7603 ARA PA H OE 7700 E. Arapahoe Rd., #150 Englewood, CO 80112 770-9596 / FAX 290-9040 ARVADA 5440 Ward Road, #200 Arvada, CO 80002 420-0241 i FAX 423-1365 DRY CREEK 26 W. Dry Creek Crrcle, #520 L rttleton, CO 80120 794,53A1 I FAX 794-5a02 EAST 3300 5. Parker Rd., #105 Aurora, CO 80014 751-4336 I FAX 7 45-2669 FIDDLERS GREEN 6400 5. Fiddlers Green Circle, #103 Englewood, CO 80111 77 1 -4539|FAX 77'l -4526 LAND TITLE GIJARANTEE COfvPANY P O. Box 357 108 S. Frontage Rd. W. Vail, CO 81658 47 6-2251 lDtrect 595-961 3 FAX 476-4534 BRECKENRIDGE P O. Box 2280 200 North Ridge Breckenridge, CO 80424 453-2255 / FAX 453-6014 CASTIE ROCK 512 Wilcox Castle Rock, CO 80104 688-5363 / FAX 688 0143 COLORADO SPRINGS 102 5. Tejon, #100 Colorado Springs, CO 80903 634-482'l /Direct 595-41 1 3 FAX 634-3190 PARKE R 19590 E. Main 51., #105 Parker, CO 80134 841 -4900 VAIL P O. Box 357 108 S. Frontage Rd. W. Vail, CO 81658 476-2251 lDirecl 595-961 3 FAX 47 6-4534 AGENTs D URANGO 1 201 Main Avenue Durango, CO 81303 247 -5860 | FAX 247 -90A9 Commitment To lnsure lssued thtouEh the ]fftce of. GLENWOOD 5PRINGS 817 Colorado Avenue, Suite 203 P O. Box 2102 Glenwood Springs, CO 81602 945-2610 | FAX 945-4784 HAMPDEN 8821 E. Hampden, #'100 Denver, CO 80231 750-4223 I FAX 750-4267 JEFFERSON 710 Kipling, #202 Lakewood, CO 8021 5 232-3111 / FAX 238-29s5 NORTH 9101 Harlan, # 100 Westminster, CO 80030 427 9353|FAX 430-1572 SOUTHWEST 3609 5. Wadsworth, #1 15 Lakewood, CO 8023 5 988-8550 / FAX 980-8324 YOSEMITE 3600 5. Yosemite, #2 55 Denver, CO 80237 694-2837 / FAX 843-0402 8O U LDER 2425 Canyon B lvd., #230 Bou lder, CO 8030'1 444 4101 I FAX 186-8423 LAND TITI.E GLARANTEE LAND rrt"E GUARANTEE ?"*"^-" Representing Title Insurance conpany of Mj-nnesota THANK YOU FOR YOUR ORDER August 28, L991 our order. vl.7422 BUYER/OWNER: TODGER ANDERSON SELLER: ROSS DAVIS, JR. ADDRESS: SITE 4, CASOLAR VAIL CI,OSER 1 Attn: LES ROSS DAVIS , JR. DELIVER IN BUILDING 1 Attn: VAIL LIONSHEAD REAL ESTATE DELIVER IN VAIL RUNS 1. Attn: ROBERT FINL.AY PICKED UP FOR DELIVERY AM PM COVENANTS ATTACHED YES NO FOR TITLE QUESTIONS CALL KAREN HORTH 3O3 476-2251" FOR CLOSING QUESTIONS CALL LES KEYS Riuu JUtl I mD A L r !. o M M r r M E N r O SCHEDULE A Application No- VI7422 For Information onlY STTE 4/ CASOLAR VAIL - charges - ALTA Owner Policy S304.00 s33l : 33 With your remittance please refer to vL7422. 1. Effective Date: August 19, 1991 at 8:00 A'M. 2. Policy to be issued, and proposed Insured: IIALTATT owner's Policy $80,000.00 1987 Revision (Arnended 1990) Proposed Insured: TODGER ANDERSON 3. The estate or interest in the land described or referred to 1n this Commitment and covered herein is: A Fee Sirnple 4. Title to the estate or interest covered herein is at the effecti-ve date hereof vested in: ROSS DAVIS, JR. 5. The land referred to in this Commitment is described as follows: SITE 4, CASOLAR VAIL, ACCORDING TO THE PLAT RECORDED JUNE 19, 1978 IN BOOK 271 AT PAGE 215, COUNTY OF EAGLE, STATE OF COLORADO. PAGE 1 ALroO.oMMrrMENr SCHEDULE B-1 (Requirernents) Application No. vI7422 The following are the requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the ful] consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be i-nsured must be executed and dufy filed for record, to-wit: 3. RELEASE OF DEED OF TRUST DATED December 14, I99O, FROM ROSS DAVIS, JR. TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRSTBANK OF VAIL TO SECURE THE SUM oF S45,457.00 RECORDED December 18, L990, IN BooK 544 AT PAGE 195. SAID DEED OF TRUST I4AS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED Decenber 18, 1990, IN BOOK 544 AT PAGE 196. 4. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISTONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATTSFIED. 5. WARRANTY DEED FROM ROSS DAVIS, JR. TO TODGER ANDERSON CONVEYING SUBJECT PROPERTY. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING! ! PAGE 2 ALTA COMMIT SCHEDULE B-2 ( Exc:eptions ) MENT Appl j.cation No . VI'7 422 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the company: 1. 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 assessirents against said land. 8. Liens for unpaid water and sewer charges, if any, 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED June 15, 1918. IN BOOK 93 AT PAGE ].5 AND IN UN]TED STATES PATENT RECORDED OctobeT 04, 1918, IN BOOK 93 AT PAGE 301. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORTTY OF THE UNITED STATES AS RESERVED IN UN]TED STATES PATENT RECORDED JUNC 15 , I9IB, IN BOOK 93, AT PAGE 15 AND RECORDED October 04, 1918, IN BOOK 93 AT PAGE 301. 11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELTGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JU1Y 25, L969, IN BOOK 215 AT PAGE 649 AND AS AMENDED IN TNSTRUMENT RECORDED DECCMbCT 02, I97Ot IN BOOK 219 AT PAGE 235. 12. RESTRICTIVE COVENANTS, WHTCH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMTTTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTATNED IN TNSTRUMENT RECORDED FEbTUATY 07, L91 9, IN BOOK 281 AT PAGE 634 AND AS AMENDED TN INSTRUMENT RECORDED MATCh 21, 7979, IN BOOK 283 AT PAGE 281 AND AS AMENDED IN INSTRUMENT RECORDED AUgUSt 31, 1981, IN BOOK 328 AT PAGE 408 AND SECOND AMENDMENT THERETO RECORDED JANUARY 10/ 1990 rN BOOK 520 AT PAGE 928. 13. UTILITY AND DRAINAGE EASEMENTS AS SHOWN OR DESCRIBED ON THE PLAT OF SAID SUBDIVISION AND AS RESERVED IN INSTRUMENT RECORDED JULY 25, 1969 IN BOOK 215 AT PAGE 649, SAID EASEMENTS BEING 10 FEET IN WIDTH ALONG EACH STDE OF ALL INTERIOR LOT LINES. PAGE ALr!,' oMMrrMENr O .SCFTEDULE B-2 (Exceptions) Applicatj-on No. VI7422 L4. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT OF CASOLAR VAIL, RECORDED JUNE 19, 1978 IN BOOK 27 I AT PAGE 215. 15. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED SEPTEMBER 27, 1978 IN BOOK 275 AT PAGE 834. 16. EASEMENT AND RIGHT OF WAY AS GRANTED TO STEWART H. BROWN IN INSTRUMENT RECORDED JUNE 26. 1979 IN BOOK 28'7 AT PAGE 341. PAGE 4 LAND TI1'I,E GUARANTEEO"oMPA'NY DISCLOSURE STATEMENT Required by Senate BiIl 91-14 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due Iisting each taxing jurisctiction may be obtained from the County Treasurer or the County Treasurer's authorized aqent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County CIerk and Recorder, or the County Assessor, revised LO/5/92 DATE APPLICATTON RECEIVED EPPIICS,TION FORM FOR SPECIEI-, DE\IELOPMENT DISTRICT DEVELOPMENT PIAI{ Thj.s procedure is required for any project that would go through the Special Development District procedure. The application will not be accepted until- all information is submitted. (please print or type) A. APPLICANT Todger Anderson MAILING ADDRESS 6 South Lane, Denver, CO 80110 pHONE 303/293-5388 B. APPLICANT, S REPRESENTATIVE Peter Jamar Associa!eS, Inc. 108 S. Frontage Rd. West /1204 ADDRESS Vail, CO 81657 pHONB 303/476-7I54 PROPERTY OWNER (S)_ lqd€el Anderson ,. , i igga r- x D. MAILING ADDRESS 6 South Lane Denver, C0 BOff0 pHONE 303/293-5388 LOCATION OF PROPOSAL: STREET ADDRESS: LOTL -BLOCK-SUBDIVISION Lots I and 2' Lionsr iling No. 4 t ,-I l/. t->t,"ltrt'STAMPED, ADDRESSED ENVELOPES OF THE NAMES OF OWNERS OF U I,' ALL PROPERTY ADJACENT TO THE SUBJECT PROPERTY AND A ^T',LIST OF THETR NAMES AND MAILING ADDRESSES. M F. A TITLE REPORT TO VERTFY OWNERSHIP AND EASEMENTS. t\ Four (4) copies of the following information must be submitted: A. Detailed writt.en/graphic descript.ion of proposal,- B. An environmental impact report shall be submit.ted to the zoning administrator in accordance with Chapter l-8.56 hereof unless wai-ved by Section 18.56.030, exempt projects,' An open space and recreat j-onaL plan sufficient to meet the demands generated by t.he development without undue burden on available or: proposed pubfic facilities; Exist.ing contours having contour intervals of not. more than five feet if the average slope of Lhe site is twent.y percent or less, or with contour intervals of not. more than ten feet if the averaqe slope of the si.t.e is greater than twenty percent. A proposed site plan, at a scale not smal-Ler than one inch equals fifty feet, showing the approximate locations and dimensi-ons of alI buildings and structures, uses therein, and all principal site development feat.ures, such as landscaped areas,recreational facilities, pedestrian plazas and walkways, service entries, dr.i-veways, and off-street parking and loading areas with proposed contours after grading and site development; II lfirasa "@t D III. TIME A. NOTE: rv. .E t1E5 F. A. A preliminary landscape plan, at a scaLe not smaller than one inch equals fifty feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development feaLures, such as outdoor recreational facilities, bicycle paths, traiJ-s, pedestrian plazas and walkways, water features and other elements; Preliminary building elevations, sections, and floor plans, aL a scale not smaller than one-eighth equals one foot, in sufficient detail to determine ffoor areat gross residential floor area, interior circulation, locations of uses within buildings, and the general scal-e and appearance of the proposed developnent. REQUIREMENTS The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. An appJ-icat.ion wit.h the necessary accompanying material must be submitted four weeks prior to the date of the meet.ing. The developer must begin initial construction of the special development district within three years fron the time of its final approval, and continue diligently toward the compleLion of the project. If the special development district is to be developed in phases, the developer must begin construction of subsequent phases within one year of the completion of the previous phase. It is recommended that before a Special Development District application is submitted, a pre-application meeting should be set up with a member of the Department of Community Developrnent. Application Fees are as fol-l-ows: R a. Establishment of SDD : b. Major Amendments: c. Minor Amendments: $1,500 s1,000 } ZUU 00 00 00 Appricarion ree paid: $ /::lD'-r*"U/q3-check # 1# ff this applicat.ion reguires a separate review by any l-ocal, StaLe or Federal agency other than the Town of Vai1, Lhe application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shall be responsible for paying any publishing fees which are in excess of 50% of the application fee. If, at the applicant,s request.r doy matter is postponed for hearing, causing the matter to be re-published, then, the entire fee for such re-publicat.ion shall be paid by the applicant. Applications deemed by t.he Community Development. Department t.o have significant design, Iand use or other issues which may have a significant impact on the communj-ty may require review by consultants ot.her that town staff. Should a determination be made by the town staff that an outside consultant is needed to review any applicationr' Community Development may hire an outside consult,ant, it shal-l estimate the amount of money necessary to pay him or her and this amount shall be forwarded t,o the Town by the appticant at. the time he files his application with the Community Development Department. Upon completion of the review of the application by the consultant, any of the funds forwarded by t.he applicant for payment of the consul-tant which have not been paid to the consultant shal1 be reLurned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within 30 days of not.ification by the Town. ,,,.,.,, iUi'l 1 19-9^5. PETER JAMAR ASSOCIATES, INC. PLANNING . DEVELOPMENT ANALYSIS. FESEARCH May 31, 1993 Ms. Kristan Pritz- Director Department of Community Development Town of Vail 75 South Frontage Road Varl, CO 81657 RE: Todger Anderson SDD Dear Kristan: Enclosed y'ou will find an application and related submittal material for a Speciatl Development District for the Todger Anderson residence. As you are aware from your conversations rvith Peter, the purpose of this application is to remove development potential from Carclar Vail - Site 4 in conjunction with a remodel of the existing Anderson residence. The purpose of the SDD is tro "encourage flexibility and creativity in the development of land in order to promote its most appropriate use; . . . to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. In this case, the SDD provides the Anderson's with a mechanism to relinquish their right to develop their Casolar Vail site while gaining the right to complete an interior remodel o[ their home. This win-rvin situation is characterizerJ by the Anderson's benelltting li'om additional square footage that is created rvith absolutely no incretse in building bulk and the neighborhood benefitting from the creation of an open space parcel. Given the extremely limited nature of this request, an EIR has not been prepared. We would request that this requirement be waived under the provisions of'section 18.-56.030. In addition, I have submitted only one set of elevations and floor plans of the Anderson's eristing residence. Please let me know if y'ou need additional copies. I look forward to rvorking with you and your staff on this prqect. Please do not hesitate to conlact me with any questions you may have. .^6to--"-' cc: Todger Anderson Suite 204, Vail National Bank Building 108 South Frontage Road west . Vail, Colorado 81657 . (303) 476-7154 Sincerely, \ The Todger Anderson Residence Special Development District Application I.INTRODUCTION/PROJECT SUMMARY Project Summary This proposal involves two very simple elements: . The Anderson's own Site 4 - Casolar Vail, a single-family building site located adjacent to their residence. This parcel is presently undeveloped, but has the potential for a single-family home of up to 1,690 square feet o[ GRFA plus square footage for garage space. As a condition ofapproval of this SDD, the Anderson's will enter into a restriction (in which the Town of Vail will be a party), that will eliminate all development potential on the site. With this restriction Site Casolar Vail will become an open space parcel. . The Anderson's existine residence utilizes all allowable GRFA. Within the existing structure is ai,ZZO square foot unfinished basement level space located below the garage. The Anderson's would ljke to convert this space to living area (GRFA). If approved, this site would exceed allowabte GRFA by 1,22O square feet. However, there is no increase to the exterior dimensions of the buildins as a result of this increased GRFA. Important Elements of the Proposal Important elements of this proposal include the following: . As a part of the approval of this SDD an open space parcel would be established that would provide a benefit for not only the immediate neighborhood, but also the entire community. . Additional square footage added to the existing residence is limited to space within the existing exterior walls of the residence, their would be absolutely no increase in the size of the building. . The proposal is in compliance with all applicable SDD Design Review Criteria. Report Organization This report describes the proposed Anderson SDD, existing site conditions, history of the property, and impacts associated wrth the proposed development. The findings of this report also address specific submittal requirements and review criteria outlined in Section 18.40 - Special Development Districts. This report is divided into the following sections: Introduction This section presents a brief description of the proposed development, outlines important elements of the proposal, and describes the organization of this report. This section describes the property size and location, access, surrounding land use, existing and proposed zoning, and deviations from zoning standards. Relationship to SDfl Criteria A rvriften response to the projects relationship to Special Development District Design Criteria are presented in this section. A list of adjacent property owners is included in this section. II.PROJECT DESCRIPTION Project Description/History In 1990, the Anderson's requested a minor subdivision in order to vacate the lot line between [,ots 7 and2, Block 1, Lion's Ridge Filing No. 4. The reason for this request was to convert the two single-family (plus caretaker unit) lots into one single family (plus caretaker unit) lot. This request was approved by the PEC by a unanimous vote. This proposal resulted in a significant reduction in development potential on these sites. As indicated in the March 12, l99O staff memorandum, this subdivision reduced the density on the sites from four to tlvo, and reduced the total GRFA by 1,875 square feet. Following approval of this suMivision, the Anderson's constructed the existing residence. Due to the topography of the site, the design of this home included a 1,22O square foot "void" space located under the garage. In order to ensure that this space remain unfinished, the Anderson's agreed to incorporate two large openings in the south elevation of this space. At the present time, this space is unfinished and open to the exterior. If approved, the two existing openings would be enclosed with some type of acceptable window treatment. The 1,22O square feet of space would be finished and connected to existing living area by removing an interior wall in order to create a hallway. As a part of this approval, the Anderson's will enter into an agreement with the Town of Vail on Site 4 - Casolar Vail that would estabLsh this lot as an op€n space tract. This agreement is discussed in greater detail below. Property Size and Location The legal description of the subject parcel is Lots 1 and 2, Block l, Lion's Ridge Filing No. 4. The parcel is .72 acres, or 31,363 square feet in size. The property is located in the Lion's Ridge neighborhood of Vail and is accessed by Sandstone Drive. Surrounding Land Use Lots 1 and 2 of Lion's Ridge Filing No. 4 are surrounded on all sides by residential land uses. The majority of lots surrounding the subject parcel have been developed with a mixture of single family, two-fami ly and multi -famil y residences. Existing Zoning and Proposed Development Standards The Anderson parcel is presently zoned Single-Family Residential. In addition to this zone classification, the ordinance that enacted this zoning also granted lots 1-6, Block I Lion's Ridge Filing No. 4 the right to include one careiaker unit. With this provision zoning on the Anderson's parcel is very similar to the Primary/Secondary Zone District, with the exception that the caretaker unit cannot be sold separately from the primary unit. Anderson's existing residence is in compliance with all applicable Single-Family Zone District development standards. The SDD process provides a mechanism to allow for deviations to the development standards outlined by a site's underlying zone district. hoposed modifications to the Anderson Residence involves deviation to the GRFA permi tted by the Single-Family zone district. If this proposal is approved, the property will exceed allowable GRFA by 1,220 square feet. As previously stated, this GRFA is created with no change to the size of the building. Existing site coverage, building height, setbacks and landscaping remain unchanged. It is important to note that in creating an open space parcel on Site 4 - Casolar Vail, the Anderson's are relinquishing the right to develop a single family residence of 1,690 square feet. The new GRFA created within their existing unit is limited to 1,22O square feet. Proposed Condition of Approval As a condition of approval, the Anderson's agree to enter into an agreement with the Town of Vail allowing no future development on Site 4 - Casolar Vail. The purpose of this agreement is to ensure that [.ot4 remain undeveloped, thereby creating an open space parcel for the Town and the i mmedia0e nei ghborhood. The specific wording and legal mechanism for enacting this restriction will be determined with input from the Town Attomey. The major elements of this restriction will include: . Casolar Lot 4 shall have no development potential for either dwelling units or GRFA. . The restriction on development shall run with the land, thereby applying to all future owners and their respective grantees, successors, and assigns. . The Town of Vail shall be a pafiy to the document enacting this restriction. ItI.RELATIONSHIP TO SDD CRITERIA Nine criteria are used to evaluate special development district proposals. The following responses have been prepared to demonstrate this proposals compliance with these design criteria. A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Response: Additional GRFA would be created by converting existing basement level space within the existing residence. As a result, there is no change to building scale, bulk, footprint or height. Exterior architectural changes would be limited to the addition of windows on the south elevation of the buildine. The addition of windows in these openings will significantly impro-ve the appearance of the south elevation of the residence. A significant buffler zone would be created by the restriction of development on Site 4 - Casolar Vail. This open space tract provides benefits to the neighborhood and the entire community. B. Uses, activity and density which provide a compatible, elficient and workable relationship with surrounding uses and activity. Response: The are no changes proposed to existing density or uses on the Anderson parcel. As a result, the proposed SDD would provide a compatible, efficient and workable relationship with surrounding uses and activity. While technically not a part of the SDD, restricting development on Site 4 - Casolar Vail will decrease density in the neighborhood, thereby reducing vehicular traffic and other activity in the neighborhood. C. Compliance with parking and loading requirements as outlined in Chapter 18.52. Response: There is no increase to required parking and no changes proposed to existing on-site parking. D. Conformity with applicable elements of the Vail Comprehensive Plan, town policies and urban design plans. Response: The Vail Land Use plan does not include goals or policies that specifrcally pertain to this proposal. However, creation of an open space parcel on Site 4 - Casolar Vail is certainly consislent with the overall goals of the community. E. Identification and mitigation of natural andior geologic hazards that affect the property on which the special development district is proposed. Response: The property is located within a Moderate Severity RocKall Zone. Site specific studies were completed and all applicable hazard regulations were satisfied when the residence was originally constructed in 1990. Proposed modifications to the Anderson residence are within the confines of the existing structure. As a result, geo-hazard regulations do not apply to the conversion of this space. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Response: There are no changes to the Anderson residence that would affect any of the above mentioned criteria. However, establishing Site 4 - Casolar Vail as an open space parcel would preserve existing vegetation and significantly improve the overall aesthetic quality of the neighborhood. This consideration is particularly important do to the existing level of development in this neighborhood. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response: There are no changes to the Anderson residence that would affect any of the above mentioned critena- Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Response: Eliminating development potential on Site 4 - Casolar Vail would create a significant open space parcel for the Lion's Ridge neighborhood. This open space parcel will maintain views from adjacent property and also preserve the existing natural conditions of the site. Phasing plan or subdivision plan that will maintain a workable, functional and eflficient relationship throughout the development of the special development district. Response: This prqect will be completed in one phase. H. IV.APPENDIX Adjacent Property Owners Casolar Vail Homeowners Association Mr. Jack Agee 813 MiraDrive Colorado Springs, Colorado 809O6 l-Dt3 Lion's Ridge Filing No. 4 Mr. Dennis Gartner 2062OLindwood Excelisor, Minnesota 55331 I'at4 Lion's Ridge Filing No. 4 William Campbell 19270 Dale Avenue Deephaven, Minnesota 55391 [-ot 5 Lion's Ridge Filing No. 4 111 Harrison Avenue Bonnycrest Manor #5 Newport, Rhode Island 02840 l-ot 6 Lion's Ridge Filing No. 4 Fred W. Pool 7 Martin larte Englewood, Colorado 801 10 ALTA owner's Policy - (6-1 87) POLICY OF TITLE INSURANCE ISSUED BY STEWAR.T TITLT GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROIVI COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS ANO STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a TExas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. lN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its dulv authorized officers as of the Date of Policy shown in Schedule A. EXCTI'SIONS FROM COVERAGE from lhe coveroge of this policy ond the Compony will nol poy loss or domoge, costs, otlorneys'fees or 6r-A"- 7<,*+ =tP"X*sl3IIt " m Chairman of the Board Coun te.signed I Presrdent Company City, Srate lhe {ollowing motlers ore expressly excluded expenses which orise by reoson of: l. (o) Any low, ordinonce or governmentol regulofion (including bul not limiled to building ond zoning lows, ordinonces, or regulolions) reslricling, reguloting, prohibiling or reloting to (i) lhe occuponcy, use, or enioyment of the lond; (ii) the chorocfer, dimensions or locolion of ony improvement now or hereofler erected on the lond; (iii) o seporotion in ownership or o chonge in lhe dimensions or oreo of lhe lond or ony porcel o{ which the lond is or wos o porf; or (iv) environmentol protection, or the ef{ect of ony violotion of lhese lows, ordinonces or governmenlol regulotions, except lo the exlent thot o nolice ol fhe enforcemenl thereof or o nolice of o defecl, lien or encumbronce resulling from o violoiion or olleged violotion offeciing the lond hos been recorded in the public records ol Doie of Policy. (b) Any governmentol police power not excluded by (o) obove, except to ihe exlent lhol o notice ol the exercise lhereol or o notice of o defect, lien or encumbronce resulting from o violoion or olleged violotion o{fecting the lond hos been recorded in the public records ol Dole of Policy. 2. Righh of eminenl domoin unless notice of the exercise thereof hos been recorded in ihe public records ol Dote of Policy, but noi extluding from coveroge ony toking which hos occurred prior to Dote of Policy which would be binding on the righis of o purchoser lor volue vithouf knowledge. 3. De{ects, liens, encumbronces, odverse cloims or olher moifers: (o) creoted, sulfered, ossumed or ogreed to by the insured cloirnont; (b) not known to lhe Compony, not recorded in the public records ot Dote of Policy, but known to lhe insured cloimonl ond not disclosed in writing lo the Compony by the insured cloimont prior to lhe dole lhe insured cloimonl become on insured under thk policy; (c) resulting ln no los or domoge to the inrured cloimont; (d) ottoching or creoled subsequenl lo Dole ol Policy; or (e) resulting in loss or domoge which would not hove been sustoined if the insured cloimonl hod poid volue for lhe eslote or inleresl insured by lhis policy. !3irf;0-9941- O0'l (Rev. 6/87) CONDITIONS AND SIIPUI,AIIONS l. DEFINIIION OF TERltlS. (dl In oll coses where lhis policy permih or requires the Compony lo prose- The {ollowing terms when used in this policy meon: cule or provide {or the defense of ony oclion or proceeding, the insured sholl (o) "insvred": the insured nomed in Schedule A, ond, subiect to ony rights secure to the Compony the right to so prosecule or provide defense in the oclion or defenses lhe Compony would hove hod ogoinsi the nomed insured, those who or proceeding, ond oll oppeols therein, ond permit the Compony io use, ot ils succeed lo lhe interesl ol lhe nomed insured by operotion of low os distinguished option, the nome o{ the insured for this purpose. Whenever requesled by the from purchose including, bul not limited to, heirs, distibulees, devisees, survivors, Compony, the insured, ot ihe Compony's expense, sholl give the Compony oll personol represenlolives, next ol kin, or corporote or {iduciory successors. reosonoble oid (i) in ony ocfion or proceeding, securing evidence, obtoining wit- {b) "insured cloimonl": on insured cloiming loss or domoge. nesses, prosecuting or lelending ihe octionlr proceiding, or effecing ittle- 1c) "knowledge" or "known": octuol knowledge, not construclive knowledge ment, ond (ii) in ony other lowful oct which in the opinion o{ the (ompony moy or noiice which moy be imputed to on insured by reoson o{ the public records os be necessory or desiroble to estoblish the tiile lo fhe esiote or inlerest os iniured. defined in this policy or ony other records which imporl consiructive nolice of ll lhe Complny is preiudiced by the loilure ol the insured to lurnish the required motters ofiecting rhe lond. cooperotion, rlie Componyi o6ligotions to the insured under the policy sho'll ter- 1d; "lond": the lond described or relerred to in Schedule A, ond improve. minote, includinq ony liobility or obliqotion to defend, prosecute, ir continue ony ments offixed lherelo which by lov/ constilule reol properly. The lerm '\lqnd" litigotion, with rigord to the'motter ir motters requiririg such coopercfion. does not include ony property Seyond lhe lines o{ the oreo described or referred 5. - PROOF OF tbSS OR DAMAGE. to in Schedule A, nor ony right, litle, interest, €siole or eosemenl in obutting In oddition to ond ofier the notices required lnder Seclion 3olthese Condi- streels, roods, ovenues, olleys, lones, woys or wolerwoys, bui nothing herein sholl tions ond Stipulotions hove been provided the Compony, o proof ol loss or dqm- modify or lirnit the extent to which o righl of occess lo ond from lhe lond is oge signed ond sworn to bythe insured cloimont shollbe furnished to fhe Com- insured by lhis policy. oonv within 90 doys o{ter the insured cloimonl sholl oscertoin the locls oivino rise (e) "mortgoge/': mortgoge, deed o{ trusl, trust deed, or olher security io tlie los or domige, The proof of loss or domoge sholl describe the?efe-cr in,instrumenl. or lien or encumbronce on the iitle, or olher motier insured ogoinsl by ihis policy ({) "public records": records estoblished under stole slotutes ot Dole of Pol- which constitutes the bosis of loss or domoge ond sholl slote,-to the eitent bossi- icy fdr rhi purpose of imporling conslruclive nolice of moilers reloting to reol ble, the bosis of colculoting the omount o[ihe los or domoge. ll lhe Compiny is pioperty to purchosers foi volujond without knowledge. With respect t6 Section preiudked by lhe foiirie oi rhe insur'ed cloimont to provide ihe ,equired proo{ of l(o){;v) of lhe Erclusjons From Coveroge, "public records" sholl olso include loss or domo.ge, the Compony's obligotions to the insured under tle policy sholl en"ironmentol proteciion liens filed in the recoids of the clerk o{ the Uniied Siotes terminote, inc]udinq ony liobility or ;bligotion to delend, prosecute, 6r co'nrinue dislrict court for the district in which the lond h locoled. ony litigoiion, with iegdrd to rhi mofier;r motters requiring such proof o{ loss or (g) "unmorketobility o{ the title": on olleged or opporent motter o{{ecting do'nrog-e. the title to the lond, not excluded or excepled from coveroge, which would eniille In oddition, the insured cloimont moy reosonobly be required to submit to o purchoser of lhe esloie or interesl described in Schedule A fo be releosed from exominotion under ooth by ony outhorized representbtive o{ the Compony ond the obligolion lo purchose by virtue of o controctuol condilion requiring the sholl produce for exominoiion, 'inspection qnd copying, ot such reosonoble fimes delivery ol rfotketoble litle. ond oloces os mov be desionofed bv onv oufhorized reoresenlotive of the Com.2. CONIINUAIION OF INSURANCE AFIER CONVEYANCE OF TlItE. pony, oll recordi, books, -ledgers,' cheiks, correspondence ond memorondo, The coveroge of this policy sholl continue in force os of Dote of Policy in wheiher beoring o dote be{ore or ofter Doie of Policy, which reosonobly pertoin fovor o{ on insuid only solong'os the insured reloins on eslole or inlerest in'the io the los or ddmoge. Further, if requested by ony o'uthorized r'epreseitdti"e ol lond, or holds on indebtedness secured by o purchose money mortgoge given by the Compony, the insured cloimont sholl gront ils permission, in writing, lor ony o purchoser from ihe insured, or only so long os the insured sholl hove liobility by outhorized represenloliye o[ the Compony lo exomine, inspect ond copy oll reoson of covenonh o{ worronly mode by the insured in ony trons{er or convei- records, bookj, ledoers, checks, corresoondence ond memorondo in the cujtodv once of the eslole or inleresl. ihis pollcy sholl not conlinue in force in fovor 6f or control of o thiri porty, which reosonobly pertoin to lhe loss or domoge. All ony purchoser from the insured o[ eiiher (i1 on estole o] inlerest in lhe lond, or 1ii) informotion designotbd di confidentiol by tfie insured cloimonl provided-lo lhe on indeblednes secured by o purchose money morlgoge given to the insured. Compony punuont lo lhis Seclion sholl not be dixlosed to olhers unless, in lhe 3. NOIICE OF CIAIM fO BE GIVEN BY INSURED CI lilANI. reosonoble iudoment of lhe Compony. il is necessory in the odminhlrofion of lhe The insured sholl norify ihe Compony promptly in writing (i) in cose o{ ony cloim. Foiluie oi the insured cloimont'to submit lor e'xominotion under ooth, pro. litigotion os set forth in Section 1(o) below. (ii) in cose knowledge sholl come to duce other reosonobly requested informotion or gront permission to secure reo. on insured hereunder o{ ony cloim of title or inferest which is odverse to fte title sonoblv necessory informoiion {rom third oorties os reouired in this ooroorooh to lhe estole or interest, os'insured, ond which might couse loss or domoge for sholl terminote o;y liobilify oi the Compony under this iolicy os to th;t clo'im.' which the Compony moy be lioble by virtue of this policy, or (iii) if tirle io rhe 6. OPIIoNS fO'PAY O{ OIHERWFT SdfTE CLAMS; estole or inferest, os inrured, is rejecied os unmorkelqble. lf prompf nolice sholl IERMINAIION OF UABllllY, nol be given lo fhe Compony, then os lo lhe insured oll liobility of the Compony In cose o{ o cloim under this policy, the Cornpony sholl hove the {ollowing sholl terminofe with regord to the mofter or motiers {or which prompl nolice is odditionol opiions: required; provided, however, thof foilure to noti{y the Compony sholl in no cose (o; Io Pcy or lender Pqymenl of the Amounl of Insurqnce. preiudice lhe righh o{ ony insured underthis policy unleslheCompony sholl be To poy oi tender poym6nl of the omouni of insuronce under this policy ptejudiced by ihe foilure ond then only to lhe extenl of ihe preiudice. logefher wifh ony costs, oilorneys' {ees ond expenses incurred by the insured ,|' DEFENSE AND PIOSECUIION OF ACIIONS: DUIY OF INSURED cloimont, which were outhorized by the Compony, up to the time of poymenl or CIAIMANI l0 COOPERAIE. tender of poyment ond which the Compony is oSligoied to pqy. (o) Upon writlen requesl bylheinsuredond subiectlolhe options contoined Upon the exercise by the Compony of ihis option, oll liobility ond obligolions in Section 6 of lhese Conditions ond Stipulotions, lhe Compony, ol it own cost to the insured under fhis policy, other thon lo moke the poymenl required, sholl ond without unreosonoble deloy, sholl provide for ihe def!nsi o{ on insured in terminote, including ony liobility or obligofion to defend, prosecute, or continue litigotion in which ony lhhd porty osserts o cloim odverse tolhetitJe or;nferesl 05 ony lltigotion, ond the policy sholl be surrendered to the Compony lor insured, bul only os lo lhose stoted couses o{ oction olleging o de{ect, lien or concellotion. encumbronce or olher motler insured ogoinsl by thk policy. The Compony sholl (b) Io Pcy or Otherwise Settle With Porlies Olher thon the Inrured or hove the right io selecl counsel of its choice (subiecl to the right of the insuied to With the Insurid Clcimqnl. obiect for reosonoble couse) to represent lhe insured os lo lhose sloted couses o{ (i; to poy or olherwise setlle with olher porlies {or or in the nome of on oclion ond sholl not be lioble for ond will not poy the {ees of ony other counsel. insured cloimont ony cloim insured ogoinst under thh policy, logether with ony The Compony will not poy ony fees, cosls or expenses incurred by lhe insured in costs, otlorneys'fees ond expenses incurred by lhe insured cloimonl which were lhe defense o[ lhose couses of oction which ollege motlers not insirred ogoinst by outhorized by the Compony up lo the lime ol poymeni ond which the Compony thk policy. h obligoted to poy; or (b) The Compony sholl hqve the righi, ol ils own cosl, to insliluie ond prose- (ii) to poy or olherwise setile wilh the insured cloimonl lhe loss or dom. cute ony oclion or proceeding or to do ony olher ocl which in its opinion moy be oge provided for under this policy, logether wiih ony costs, otforneys'fees ond necessory or desiroble to estoblish the title lo the eslote or interest. os insured. or exoenses incurred bv the insured cloimqnt which were oulhorized bv the Com- to prevenl or reduce loss or domoge to lhe insured. The Compony moy toke ony pony up to the time'o{ poyment ond which fhe Compony is obligoted to poy. oppropriote oction under lhe lerms of lhh policy, whelher or not it sholl be lioble Upon the exercise by lhe Compony of eifher of the options provided {or in hlieunder, ond sholl not thereby concede liobility or woive ony provhion of this porog;ophs (b)(i) or {ii), lhe Componyt'obligolions to the insured under this pol- policy. lf ihe Compony sholl exercise its righls under this porogroph, it sholl do so icy for the cloimed loss or domoge, other thon the poymenh required to be diligenlly. mqde, sholl ierminote, including ony liobility or obligotion to delend, prosecule (c) Whenever the Compony sholl hove brought on oclion or inlerposed o or conf;nue ony litjgotion. defense os required or permihed by the provisions of this policy, lhe Compony 7. DEIERMINAIION, EXIENI 0F LlABltllY AND COINSUIANCE. moy pursue oni litigotion to finql diierminotion by o court 6f competenl iurisdk- Thh policy is o conirocl o{ indemnity ogoinsl octuol monelory lo6s or dom- lion ond erpresly reserves the right, in its sole discrelion, to oppeol from ony oge susloined or incurred by lhe insured cloimonf who hos suffered loss or dom- 'odverse iudgmenl or order. oge by reoson of motlerliqsured ogoin$ by lhis policy ond only to lhe extent . O ni-reir: cescribed {continued and concluded on last page of this policf CONDITIONS AND STIPULATIONS (continued and concluded from reverse side o Continued of Policy Face) _ (o) The liobility of the Compony under this policy sholl nof erceed fhe leost ot: (i) the Amount of Insuronce stoted in Schedule A; or, (ii) the difference between the volue of the insured esfote or interest os insured ond fhe volue of the insured eslole or inferest subiect fo the de{ect, lien or encumbronce insured ogoinst by thh policy. (b) In the evenf lhe Amounl o{ Insuronce stoted in Schedule A ot the Dote ol Policy is less lhon 80 percent of lhe volue of the insured eslote or interesl or lhe full considerotion poid for lhe lond, whichever h less, or if subsequent to the Dofe of Policy on improvemenl is erected on the lond which increoserlhe volue o{ the insured eslole or inleresi by ot leost 20 percent over the Amount of Insuronce stoted in Schedule A, then $is Policy is subiect to the following: (i) where no subsequenf improvement hos been mode, os to ony por- tiol loss, the Compony sholl only poy $e loss pro roto in lhe proporlion thot lhe omouni of insuronce ot Dote of Policy beors lo the tofol volue o{ the insured eslote or interesl ol Doie of Policy; or (ii) where o subsequenf improvemenl hos been mode, os to ony porfiol los, the Compony sholl only poy lhe loss pro rolo ln fhe proportion lhot 120 percent o{ lhe Amounl of Insuronce stoled in Schedule A beors to the sum of the Amouni o{ Insuronce sloled in Schedule A ond the omounf expended for lhe imDrovemenl. The provisions of lhis porogroph sholl nol opply fo costs, ottorneyJ fees ond expenses for which the Compony is lioble undelthis policy, ond sholl only opply lo lhot porlion of ony loss which exceeds, in the oggregqle, l0 percent of lhe Amount of Insuronce sfoled in Schedule A. {Q The Compony will poy only lhose costs, otlorneys' fees ond expenses incurred in occordonce with Seclion 4 of these Conditions ond Stioulotions. 8. APPORIIONMENI. l{ the lond described in Schedule A consisls of lwo or more porceh which ore not used os o single siie, ond o loss k eooblished ollecting one or more o[ the porcels but nol oll, the loss sholl be comouled ond settled on o oro rolo bosis os if the omount of insuronce under this policy wos divided pro roto os fo the volue on Dole of Policy ol eoch seporote porcel lo lhe whole, exclusive of ony improvemenls mode subsequent fo Dole o{ Policy, unless o liobility or volue hos oiherwise been ogreed upon os to eoch porcel by lhe Compony ond fhe insured ol the lime of lhe issuonce of this policy ond shown by on express stotement or by on endorsemenl ottoched to lhis oolicv.9. r,tMrIAilON OF UABturY. (o) li lhe Compony esloblishes fhe tille, or removes ihe olleged defect, lien or encumbronce? or cures the lock of o right of occess lo or from lhe lond, or cures lhe cloim o{ unmorketobility of lille, oll os insured, in o reosonobly diligenl monner by ony method, including litigotion ond lhe complelion of ony oppeoh lherefrom, it sholl hove fully per{ormed ih obligolions with respecl to thot motter ond sholl not be lioble for ony loss or domoge coused lhereby. (b) In the evenl o{ ony litigolion, including litigotion by lhe Compony or with ihe Componyt consent, the Compony sholl hove no liobility {or loss or domoge unlil there hos been o finol determinotion by o couri o[ competenf iurhdiOion, ond disposition o{ oll oppeols therefrom, odverse lo the fitle os insurid. (c) The Compony sholl not be lioble for loss or domoge lo ony insured for liobility voluntorily ossumed by the insured in sefiling ony cloim or suit withoul the prior written consenl of the Compony. IO, REDUCTION OF INSURANCE: IEDUCIION OR TERMINATION OF I,IABIUIY. All poymenls under this policy, except poyments mode for costs, otlorneys' fees ond expenses, sholl reduce ihe omount of lhe insuronce pro lonlo. r r. uABtutY NONCUMUIAilVE. ll is expressly underslood thot lhe omounl ol insuronce under ihis policy sholl be reduced by ony omount the Compony moy ?o,/ undet any policy insuring a morfgoge hereofter executed by lhe insured or ossumed or ogreed to by lhe insured ond which is o chorge or lien on the estote or inleresl described or referred to in Schedule A, ond the omount so poid sholl be deemed o poyment under rhis policy lo the insured owner. ]2. PAYMENI OF I.OSS. (o) No poyment sholl be mode wilhoul producing this policy for endorse- ment o{ the poyment unless the policy hos been lost or destroyed, in which cose proof of loss or destruction sholl be lurnhhed to the sotkfoction of the Compony. (b) When liobility ond the extenf of loss or domoge hcs been definitely fixed in occordqnce with fhese Conditions ond Stipulolions, lhe loss or domooe sholl be poyoble wifiin 30 doys lhereo{ter. 13. SUEROGATION UPON PAYMENI OR SETIIEMENI. (o) lhe Compony's Righl of Subrogotion. Whenever lhe Compony sholl hove seitled ond poid o cloim under ihis pol- icy, oll right of subrogotion sholl vest in the Compony unoflected by ony oct of ?ne rnsureo ctormonl_ The Compony sholl be subrogofed lo ond be entilled to oll righh ond reme- dies which fhe insured cloimonl would hove hod ogoinst ony person or properfy in respecl to the cloim hod this policy not been issued. lf requested by the Com- pony, lhe insured cloimont sholl lronsler to the Compony oll righis ond remedies ogoinst ony person or property necessory in order lo perfect thh right of subro- oof;on. The insured cloimonl sholl permit the Compony lo sue, compromise or iettle in the nome of the insured cloimont snd lo use ihe nome of lhe insured cloimont in ony tronsoclion or litigolion involving these righls or remedies, lf o povmenl on occount oJ o cloim does not fully cover lhe loss ol the insured cliiniont, ihe Compony sholl be subrogoted to thise rights ond remedies in lhe proportion which the Cbmpony's poymenl beors to the whole omount of lhe loss. l{ loss should resull from ony od of 'lhe insured cloimont, os sfoled oDove, thot oct sholl not void lhis policy, bul the Compony, in thot event, sholl be required lo poy only thot porl of ony losses insured ogoinsl by this policy which sholl exceed lhe omount, i{ ony, losl to lhe Compony by reoson ol fhe impoir- ment bv the insured cloimont o{ ihe Comoonv's rioht ol subroootion. 1 b j The Com pony's Rights Agoi nst' Noir-ins-ured Obligo-rs. The Componyt right of subrogolion ogoinst non-insured obligors sholl exht ond sholl include, withoui limilotion, the rights of fhe insured to indemnities, guo- ronlies, other policies o{ insuronce or bonds, notwithstonding ony lerms or condi- lions contoined in those insfrumenh which provide for subrogotion righh by reo. son of this oolicv. 14. Am|rhAfloN Unless prohibited by opplicoble low, either the Compony or lhe insured moy demond orbitrotion oursuont lo the Title Insuronce Arbilrofion Rules ol fhe Ameri- con Arb;trof;on Asso'cjotion. Arbihoble molters moy include, but ore not limiled io, ony coniroversy or cloim belween fhe Compony ond the insured orising od of or reloting to ihh policy, ony service o{ the Compony in connection with ilr issu- once or the bresch oi o policy provision or olher obligofion. All orbihoble mot- ters when the Amount ol lnsuronce is $1,000,000 or less sholl be orbitroted ol the opfion of either lhe Compony or lhe insured. All orbihoble mollers when the Amount of Insuronce is in excess of $1,000,000 sholl be orbitroted only when ogreed to by both the Compony ond the insured. Arbitrqtion pursuoni to lhh policy ond under the Rules in e{fecl on'lhe dote lhe demond for orbifrotion is hode or, ot the option o{ the insured, the Rules in effecl of Dote o{ Policy sholl be binding upon the porlies. Ihe oword moy include otlorneys'{ees only if the lows of lhe slote in which the lond is locoled oermit o court lo oword otlorneys' fees fo o prevoiling porty. ludgmenl upon lhe oword rendered by the Arbilro- lo(s) moy be enlered in ony court hoving iurisdiction thereo{. The low ol the situs of the lond sholl opply to on orbilrolion under lhe Tille Insuronce Arbilrolion Rules. A copy o{ the Rules moy be obtoined from lhe Compony upon request. 15. tlABltlIY tlMlIED IO lHlS Xll,lCY: rcUCY ENIIE CONTRAGI: (o; Thh policy together with oll endorsemenis, i{ ony, offoched hereto by the Compony is the entire policy ond conlroct beiween lhe insured ond the Com- pony. In interpreting ony pro"iiion oi this policy, fiis policy sholl be construed os o wnole. (b1 Any cloim of loss or domoge, whether or nol bosed on negligence, ond which orises oul of lhe stofus of the title fo lhe estofe or inlerest covered hereby or by ony oclion osserling such cloim, sholl be restricted lo lhh policy. (c) No omendmenl of or endorsement to this policy con be mode excepf by o writing endorsed hereon or otloched hereto signed by either the President, o Vice President, ihe Secrefory, on Assislonl Secrelory, or volidoting officer or oulhorized signotory of the Compony. 16. sEvEtABtuw. In lhe event ony provhion of the policy is held involid or unenlorceoble under opplicoble low, the policy sholl be deemed not lo include thoi provision ond oll other provisions sholl remoin in full force ond effecl. I7. NOIICES, WHERE SENT, All nolices required to be given the Compony ond on), stolement in wriling required to be furnished the Compony sholl include the number of this policy ond sholl be oddresed io the Gmpony ot P.O. 8ox 2029, Houston, Iexos 77252. 18. The premiunr specified in Schedule A is fhe enlire chorge lor occeptonce ot rhk. lt includes chorges for litle seorch ond exominolion i{ some h customory or required to be shown in fhe stole in which the policy h issued. STE\|i\FIT'I'I'ILE (iUARANTY COMPANY F IJJ lr o >.n J(r J<{u.t *z> r-Oro B E i2zs z a! 6> " -F?Z \J =o z x>5a a rlr o (E rJ- 6 oil uJF -aJ, ^r 6CL FO Ut (J IJJ Z r4 tl l.t ,i:lau 33 Hr Jr. >E a: llo 3 a ALTA OWNER'S POLICY LW/1b Order No.: 3468-VC2 Date of Policy: Novernb er 25 , SCHEDULE A Pof icy No.: O-994I-L74637 1987 At 9:20 A.M. Amount of Insurance: S 85,000. OO 1. 2. Name of lnsured: TODGER ANDERSON AND The estate or interest in the FEE SIMPLE MARY ELLEN ANDERSON land which is covered by this policy is: 3.Title to the estate or interest in the land is vested in: TODGER ANDERSON AI{D MARY ELLEN ANDERSON 4. The land referred to in this policy is described as follows: LOTS 1 AND 2 BLOCK 1 LION'S RIDGE SUBDTVTSION FILING NO. 4 According to the recorded plat thereof recorded August 1, 1980 in Book 305 at Page 411 as Reception No. 202794. COt'}fTY OF E,AGLE STATE OF COLORADO AUTHORI ZED COUMTERS IGNAI1'RE SITEWAR.T TITLI.; CUARANTY COfPANY CODE 0O12 (F€v. 8/87)Paoe 2 ALTA OWNER'S POLICY oRDffi N0.: :se$cz SCHEDULE B Policy No.: 0-9941-L74637 This policy does not insure against loss or damage (and the company will not pay costs, altorneys' fees or expenses| which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, d rpEW b{ttt gfl "{riFgYa %h*dgb[h'd"g8B" " smen r s and any un r ede ened tax sales 5. Tlre effect of incrusions in any general or specific water conservancy. fire protection, soil conservation or other district or inclusion in any water service or street improvenent area. 7. Right of ry"y for ditches or canals construcbed by the authoriby of the united states, as reserved in united sbatis patent recorded August 15, 1909 in Book 4g at page 542. 8. Right of proprietor of a vein or lode to extract and remove his ore therefrom should the sane be found to penetrabe or intersect the prenises as reserved in united states patent of record in instrument recorded August 16, 1909 in Book 4g ar:Page 542. 9. Right 9f way for ditches and canals constructed by the authority of the united states and right of way for an existing road, being 40 feet in width granted to the Eagre counby Board of commissioners as reserved in pat,ent recorded July z7', 1979 in Book 288 at Page 88G as Reception No. 1g52g7. - 10. Restrictive covenants which do not contain a forfeiture or reverter clause, contained in instrument recorded september 20,1972 Ln Book 225 at Page 443 and instrument record.ed, septenber 29, L972 in Book 225 aE page 5G5 and the Amendrnent recorded. in Book 233 at Page 53 and in Decl-aration recorded in Book 300 at Page 758 and rerecorded in Book 300 at, page 759 and rerecord.ed in Book 301 at page 415. 11. utility easements 20 feet, in width, 10 feet on each si.de of all interior 1ot lines and a 15 foot utility easenent along and abutting on all exterior lot lines as rEserved on t.he ilats for Lion's Ridge Subdivision, Filing No. Z. 12. Restrictive covenants. which do not contain a forfeiture or reverter cla.use, as contained in instrumenf recorded Augusf 3,1980 in Book 306 at Page 410 as arnended by instrurnent ricord.ed.See Continuation page STE\!'ART TITT,H OUA N A NTY C(rMPANI '1613 lRev 6 8?)Pag e 3 oRDm N0.:3458-VCa Atached to and mad€ a part of Stewart Titte Guaranty Company eoticl No.fi-x541-174E37 Conlinuation ol ScheduleB Novernber 26, 1980 in Book 313 at Page 824. 13. Easernent and right of way granted to Holy Cross Electric Association, Inc., recorded August 20, 1979 in Book ?89 al Pag'e 989. 14. Easernent granted to Va1ley Associates, Ltd., recorded l'larch 18, 1980 in Book 300 at Page 290. 15. Agreenent between Tayvel Environmental Land Conpany and Mountain States Telephone and Telegraph Cornpany providing for Telephone installation and service througthout Lion's Ridge Snbdivision, Filing No. 2 recorded Septernber 27, L973 in Book 23L at Page 291. 15. Easenents as shown on the plat of Lion's Ridge Subdivisi'rn Filing No. 4. 17. Encroahnent of wood tie wal1 as disclosed on Improvenent Locat,ion Certificate drawn by Eagle Valley Eng:ineering & Surveying, Inc. dated Novesrber 11, 1987. L8. A Deed of Trusb dated N0VEMBER L7, L987, executed by IODGER AI|DERSON AND MARY ELLEN ANDERSON. to the Public Trustee of Eagle County, to secure an indebtedness of $58'000.00, in favor of COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION' recorded NOVEI{BER 25, L987 in Book 474 at, Page 587 as Reception No. 3770902 200*T (s0i, $e6) STE\fAR.T TITLE GUARANTY COXPANY Page - ',r"e I .-' lr, l, V,,a, 1tl illc',,1,,1 (-) TTTLE RESTRTCTIONS WHEREAS, Todger Anderson and Mary Ellen Anderson are the owners of the property described as: Lots 1 & 2, Block L, Lionrs Ridge Subdivision Filing No. 4 herein referred to as the itsubject propertyrr; and WHEREAS, the owner wishes to place certain restrictions on the use of the subject land for the benefit of the owner and the Town of Vail, Colorado (rtthe Townrl). NOW, THEREFORE, the owner does hereby irnpose, establish, acknowledge, declare, for the benefit of all persons who nay hereinafter purchase, or 1ease, or hold the subject land, the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit and be binding upon the owner, its respective grantees, successors, and assigns. L. The subject property shall have two permanent openings in the south facing wall below the bay windows of the garage as indicated on the drawings by sidney schultz as of septenber l-9, l-990, and this area will be pernanently restricted and uninhabitable space' open to the outside; 2. The Of f ice of Cornrnunity Development will be allowed inspection of the area at any time; 3. The provisions hereof may be enforced by the owner and the Town; 4. The conditions, restrictions, contained herein shall not be l'raived, arnended, except by the written consent of owner of the subject property. PROPERTY OWNER: ACKNOWLEDGED stipulations, abandoned, both the Town and agreements terminated, or of Vail and the Jhe foregoing ins^trument was acknowledged before me ttris6fl$aay of S\qts^J'L , l-9 Y qby Todger Anderson and Mary E1len Anderson. Witness ny hand and official seal , My cornmission expires onj Anderson a'1) a 435949 8-539 F-799 JOHNNETTE PHILLIF'S LA/LO/EE 16:49 FG I OF 3 EAGLE COUNTY CLERK, COLORADo REC t3. @q DOtr a.qa r} {X," 5 EASE}IEI{T DEED KI{OII ALL HET BY THESE PBESEIITS: THAT Todg€r Anderson, (herelnaft€r ref€rred to as 'Grantor), for FIFTEEII DotLAnS ($I5.00) and other good and valuable consideratlon, the recelpt of rhlch 1s hereby actnouledge<l , iereby sells and conv€ys and uarrants the tttle to the ea!e, sub.lect to all lnstrurents of record, unto the UPPEn EAGLE VAtLEy CoISotIDATED SAI|ITATI0X DISTRICT, a quasl-runlclpal corporatlon of the State of Colorado, uhose legal adalress ls 846 Forest Road, va1l. Colorado, 81557, (herelnafter referred to ae 'Grantee'), the follovlng easetrent, to vit I A perlanent ten (10')vlde general utlllty easeDent along the eastern lot llne of Lot A, Elock I, Fltlng 4, f,lonsrldge Suballvlslon fror the northeast corner, for approxliately 245,L5 feet, to the southeast corner of sald lot, lore partlcularly descrlbed ln 'ExhlbIt A", uhlch exhlblt 1s attached hereto and lncorporated hereln by this reference. Grantor, 1t9 he1r9, succeggors. transferees, and ass1gns, shall not erect nor place any perDanent bulIdlng. structure, LDprovelent, fence or tree on the above-descrlbed easerent, anal Grantee shall not be llable for thelr reroval lf they are so placed. It ls speclflcally agreed betveen the partles that the Grantor 3hall take no action that vould lrpalr the earth cover over or the Iateral or subJacent support for any Ilne and appurt€nances Ylthln the ease.ent, provlded, hovever, that upon obtalnlng the speclflc urltten perrlsslon of the Grantee, the earth cover over any llne ray be rodlfled, but norrally perrlsslon vill not be granted for a rodlftcatlon lnvolvlng a cover of less than four feet nor greater than ten feet reasured vertlcally fror the top of any llne and any roallflcation undertaken by the Crantor vould be uPon terls that uould provlde for relrburseDent to the Grantee of the cost of any alteratlons to any faclllty rade necessary by the change. Acceptance of thle Easelent by Grantee shall constltute 1ts agreenent and consent as follovs: l. At such tlre and ln the event that the easerent descrlbed hereln shall be abandoned, Grantee's real property lnterest tn the easelent shall trnedlately revert to and be thereafter lerged ulth the servlent estate. N "t cl Z. The facllltles lnetalleal 1n the above-descrlbed easelent shall be lngtalled, ralntalned, 8nd operated so as to perrlt iaxlru! use and enJoyrent of the surface by Grantor, ttg helrs, ltuccessors, transferees, and asslgn3. In tbe event lt ls necessary to repalr or replace the facllltles, Grantee shall restore the surface of the land as nearly as ray be practlcable to the sare condltlon lt uas prlor to such repalr or replacelent, provlded no perranent bulldlng, structure, lrproverent, fence or tree shall be placed thereon by Grantor. slclf ED ArfD DELIVERED thrs U- o^y or y'h a | ' ne? GRAIITOR: TODGER AXDENSO}I $ bJ UI lo + |'o tr I UI E I { ul ql E I u,g gl + r^0 6' r0 o T tr, STAIE OF COLOSADO COUltTy OE +ffiffi- O( /t u t" / ,The foregolng atay of 11 a ,/ 59. EASEI{E1{T 1998 by dged before le thls & tfltness ry hand and offlclal seal. l{y corlls9lon explres:tr-Jo-q( {sEAt) 33. {ltness ry hand and offlclal seal . OF ( sEAt ) llotary r I ACCEPTED py THE UppER EAGLE vALLEy CoITSoIIDATED SAllITATI0ll DISTBiCT rHis lst DAY oF leQ. UPPER EAGTE VAILEY COI{SOLIDATED SAIIITATIOII DISTBICT By:IllllaD B. George, Gen ral llanager r{cl STATE OF couilIY 0F COLOBADO EAGID TIIE FOBEGOII{G IIAS Hy corrlsslon explres: ::rlrr?** i: 3.i"'€i: '.i a -;:.r€;a i:t - s iH i i r .g: E i 5 rci .j 6 U Fi l. E: It I I 9.) UJ J 3r/,^d r-i ZF f;ao- 9s r^,i J :s6 lO F=tl (J = i: ,c 8 o.-: c -i4: iti:-a -4 i r: i 11 -2. . - qE ; ii;;i :: -:|. G6 .|5 rg oI ;t f- I s9r{r!v!a dt s,sva J M ,,5 a ,bo .a ._- s .9 r gbz b, ol rt) r\l f9 -l f{t ={t9H ;E )< a 't* 'o,g "' \ \ \ J o o $ rB s trt a a gl o F I o o f.l ltJ I o $o n t?$ J+^ --) (o "ar, *o (l l-(r .I <9 F9 oi- al I I I 4 a ,./d t--g 1,. a {2i ?-I o s 6.- s z. o.:F ,.) IJ J , h-l 'i I I \ .e t t Proiect Name: ProiectDescription: tl,tr Contact Person and Phone Project Application Owner, Address and Phone: Arch itect. Address and Phone: Legal Description: Lot Com ments: Design Review Board Date Motion byi- Seconded by: APPROVAL DISAPPROVAL Su m mary: Town Planner E Statt Approval :-r$D, $$u xuo r* August 13, 1990 Shelly Mello, Town Planner TOWN OF VAIL 75 South Frontage Road Vail, Colorado E1657 Dear Shelly This letter is to notify you that I accept the conditions of the Community Development Department set forth in your August 10, 1990, letter concerning the residence I am building at | 175 Sandstone Drive. Sincerely,7"4>/7,/* Todger Anderson 6 South Lane Englewood, Colorado 801 l0 /lm STATE OF COLORADO ) ) ss.coUNTYoFDENVER ) Subscribed and sworn to before me this l3th day of August, 1990. My commission expires: 8-20-91 ry 75 south fronlage road vail, colorado 81557 (303) 4792138 (3q]) 479-2139 ftt t tuPr August 10, 1990 Mr. Todger Anderson 6 South Lane Englewood, co 80110 R8: Lots l-&2, Block B, Lionsridge Filing 4, LL75 Sandstone Drive Dear Mr. Anderson, It has come to the attention of the Cornrnunity Developnent Department that the project listed above now has excavated space be-neath the garage ttiat -will create a GRFA problen if this area is enclosed. it siould be noted that this area qtas approved as unexcavated on the building perrnit. If this space were enclosed, it would not .".t the a6finition of crawlspace under Section 18.14.L30 of the Tor^rn of Vail Municipal code due to the excavation and would therefore be considered GRFR. In order to avoid a GRFA violation, the staff will reguire the following changes to the approved building permit: 1.Two pernanant openings be put in the south facing wal1 below itt" Uuy windows of the-garagre as indicated in the drawings ^by,sj.dney schurtz on-aryu*--1{r,J99o+- /1, .l/1"'1u - cti -il'Tr7e'a4 oltice of community development -than I sq,--ft-+- \-.' S] iestrictions be placed on the title for the propert^y that will allow inspecti6n of the area at any tirne by the office of Conrnunity Development and will perrnanently restrict the area as unha6itable space open to the outside qs indicated on Sidney Schultz's plans dated August'--1o'--J.99f-f- O4t \'i 1i,, rn addition, the following work urust be completed to rneet the concern of the Building Departnent: 1. Backflll area to the south of the supportlng rnembers whlch has been excavated. Thls work nust be conpleted and approved by the Office of Conrmunity Developnent before aiy further lnLpections_ will be scheduled. In iaai€fbn, the ouner nrist subnit a nbtarl.zed statenent aggreelng to the above condltlons by llonday Augrust 13, 1990 5:00 pn. should you have any questlons please contact ne at 479-2L38. r-4. Sincerely, h:^'rq nrt4lffiT1!l' -F CC: Sidney Schultz I,arry Eskwith Krlstan Pritz |q r, ll: * 1=13=i.l r-_r t'{ August ll, 1990 Shelly trlello,'rown Planner TOWN OF VAIL 75 South Frontage Rood Voil, Colorado 8 1657 Dear Shelly: 'fhis lcttcr is to notify you that I accept the Developrnen( Departnrent se-t forth in your August residence I am building at ll?5 Sandstone Drive. Sincerely, conditions of the Community 10, 1990, letter concerning the r F- r-3 = 7"e,-/7L Todger Anderson 6 South Lanc Engle*'ood, Colorado 80 I | 0 /lrn STATE OF COLORADO COUNTY QF DENYER ' -.Subscribed and sworn ) ) ss. ) to before me this l3th day of ' My corrtrrtiss ion expires:-'8-20-91 st, t,a u b--A , r -l-. O xr-f ,'; ,:ltJ, f,[0' JuN - 819g0 Denrrr Inregment Mvlsuri lrc 6ll Sevente€nth Su€€t . Suite l8m Fmt Office Box 17487 , hnver, Colorado 80217 (303J 293-5388 Iodger Anderson, C,RA. President Director of hrdolio l{anagement June 5, 1990 Ron Phillips To-wn l,fanager Town of Vail 75 South Frontage Road West Vail, Colorado 81657 Dear Ron: I would like to appeal at the next Town Council meeting the decision of the Planning and Environmental Commission made on June 4 to deny me permission to install two gas fireplaces in place of one wood burning stove in my home being built at ll75 Sandstone Drive. The Planning and Environmental Commission indicated that the current ordinance did not have flexibility to meet my request. A brief review of my request is as follows. I wish to install one wood burning fireplace and two Peterson gas log fireplaces. It is my understanding that under the current ordinance I am allowed one wood burning fireplace and one wood burning stove to be installed in my residence and in a caretaker unit. I am willing to give up the right to a caretaker fireplace and wood burning stove and wood burning stove in the main residence for the right to install two Peterson gas log fireplaces. I share the Valley's concern about pollution. It is my belief that I am offering the Valley a better solution than the current ordinance. Sincerelv. 4/ todger Anderson /lm o z F =g, UJ c rtl 'l an uJ IJJ ]l- ts = LIJ o $*\N.$ ci -i- F-l N F F-] F{ts ch z !! o J I t!t!o (,z o u,J F F E F I z =o o z U' uJ F o z o =o 5 o € 0 = ut z =o uJ I F o z l!) uJ o tt o F F z uJ z 3 o II o ul E l F z o E\ * E.9)6; n ci FpiE gEsi$ !EN i* s;*>5,8 . = o-Nt) \ EE:${ *E!E 96;o EigE o)..OO E€ iE sEgE =o0)c stc€ ? loJ Ea;9 EF-eg E;; g E$EE It E :ct o o cl I .; .c 'a f o E o = i .9 6 .9 CL o,o .2 .c E 6 E o 6 6 E 0)o)p g ]o J ()6 .cl E {' \'$ .{..s 4 E E E II,J o.(,z co Y u,t -o z I J a F UJ J IJJ (,z .o E d =o uJ IIJ uJ z UJ uJ c ;tll uJ z a gJ aa I llJ z gJ J x F l! ah f .t uJ uJ u- = =E UJ o- J F o F (9 z 6 J f {o J (, c,F o u, UJ ('z - A J =I o uJ . Ej X EI l.| r< NO|lVnlVA lz = lH l:.lE - r ro l<i tr't (t l= = lo N lfr -rr EE 3F Z Z tLF o ooc tr ^ 6zH : B ;FT .1, o E!:6b Hh ()zx l!<oq ie H6 Ei -8 HF t-.N(., rl 2 9 F r l! UJ uJ -) z E o o X X tt z tr u,/F J =uJ z F z l z F- o = o F z l z =t!3 o !) uJ 5 q ul r o z F z F I d !J f J a) uJ z I o I F 2 F l z I I I -+tl rl zl il _l l I --1 2l _it <l Bl 5l E o = U' l :_l F F It ".r I <l -l =l zl .. >l uJ UJ ul z o = =ul o- z E o o o z tr (t> J _l C\l CD -J O c z ,r9 =e cro =z l) o.'9 .-i5 =;= OF? i ii'i o e;= IJJ E g, .o o a z o F o- lLl Y UJ @ o F Fo =e EFI lu. -ldn h $l1 >5 | btr |o< | 'l rl HuJ bk zo b 1ll 6 ;H az E<8a Ee IP I'E EE E ;=E h=E ;ff E =d r Eb E ir E HT 6+!E ul o 'o F @ .-= E =E UJ o-z I F () :) E. Fa z o (J t]!n \f H <n z H F-l FT Ff a z trl A ul =z o -) ll tal lrl 'l3l-lHl - t?t 'a-l 4r.)lFJ p4F-lH r4--{l<O .-r | >4fr IE tct tcr Hlr A-o il >l tr-l :| PI \o \o |'\ I o'l .if tl tt (Jl I F-rl f{ I ct rl Hl \o I (Jl .') | Fdl -r I F.lt I rdl .l ._,t ol 6t 1l al sl Fl trl ...t Jl El sl )il '!l -l ol tzl t3l qol UJI :l <l >l bl zl =l ol H I I el ol EI *l ol 3l c Ol ul FI F o F () F z o o J 9 C) UJ E .E !20 z, t- E? =E d6 z r o uJ = E ir = \JZ o <()sn 53 !8tr INSP CTION RESIJEST .. PERMIT NUMBER OF PROJECT DATE READY FOR LOCATION: ECTION:MON TOWN OF VAIL JOB NAME CALLER TUES WED THUR BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEE- tr FRAMING n ROOF & SHEER - PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL/ H. TUB tr SHEETROCK NAIL tr FINAL TEMP. POWER tr HEATING tr EXHAUST HOODS CONDUIT tr SUPPLY AIR I J6APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REOUIRED DATE INSPECTOR ffisiP flr-r\ rlif, >uJ vAcATroN AND ABANDONI,TEN? oF EXISTrllc EASEMENI tl{IS TNsiRuMENT is nade tfris faay of t9?0,by and berveen ToDcER ANDERSoH -fr"idinu?t€-ffid;;.d' ;;t!IIOwnerII), and HOLY CRO$S ELECTRIC AssocrATIoNI I{OUNTAIN BELL $TATE;TELEPHONE AI{D TELEGRAPH COMPANY d/b/a I'IOUNTAIN BELL, PuBLIc sERvTcE coMPAl{Y oF coLoRADo (for itself and as assignee of, or successor in int,erest to GAS FAcrlrrrEs, rNc.), TtfE uppER EActE vALr,Ey FATER AJ{D sANrtATroN DrsrRrcrs, HERTTAGE cABLEvrsroN (hereinafter coLrectj.veJ.y referred to as *Easenent users'r), and ixn rown or VAIL. WHEREAS, a certain easenent of record described as: Those pottions of Lots l. & 2, Block 1, Lionrs Ridge Sub.iivision Flling llo. 4 indicated as a Lo I uti!.iiy easenent according to the I'tap thereof recorded in the office of the Eagl.e County, Colorado, Clerk and Recorder, and further described as follor*s: The southwesterly 5 feet of said Ipt 1 together with the northeasterly 5 feet of said lot 2 allowing Easement Users the use of such easement, for the construction, maintenance and reconstruction of sewagef wate!,televisicn, 9&s, electric and telephone transmission facilities (hereinafter referred to as I'Utility Easernentr) currently exj.sts; and . I.IHEREAS, the Own€r is tbe ouner of Lots I and 2, Block l,Lion's Ridge Subdivision Filing No. 4, according to the Map thereoi recorded in the Office of the Eagle County, Colorado, Clerk and Recorder (trl..ots 1 and 2trJ i and WHEREAS, the Utility Easen€nt is not being used by the Easernent Users; and WHEREAS, the Owner realized no beneficial use in allo,*ing such easement to remai.ni and l*tnRflS, the Easenent Users sill realize no beneficial use in allowing such easement to rernaini and WHEREAS, the Owner desires to abandon the property line betueen Ipts 1 and 2; NOw THERES'ORE, in consideration of, the rnutual promises contained herein and the mutuaL benefits to be derived and other good and valuable consideration, the parties hereto hereby covenant and agrees as foll.ows: L. Easernent Users and The Town of VaiI , on behalf of themselves, their successors and assigns, by this instrument hereby j., llFR 149' 3Z I7IZ?P,II SCHLILTZ-RPCHITEET P.3 o -!gl:y:t abandon, vacate, release and terninate that portion of the Utility Easernent described as: Thosg portions of Lots 1& 2. Block l, Lion,s Ridge Subdivision Filing No. 4 indicated as a 10r utili€y easenent according to the Map thereof record,ed in thi Office of the_Eagle County, Colorado, Clerk and Recorder,and further described as follows: the southwesterty 5 feet of said Lot r. together with the northeasterLy 5 feet of said Ipt 2. Easement users hereby convey arl their right, titre and interest ll ald to that portion of the utility Easinent vacated above, to the Owner. 2. This vacation and Abandonnent of Existlng Easenent shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. STATE OF /) coLrNTY c- l,{,1-lLk,i--.-- The fo day of property Witness rny hand and official seal . ss: instrurnent yas acknowledged before _, L92_, by Todger Anderson rne this &as the said 1ic ssion ires: '.7 UPPER EAGTE VALLEY WATER SANTTATION DTSTRICTS AND By: STATE OF COUNTY OF day of The f,pre9oing instrument was acknowledged before rne this , 1g_, by of Upper Valley Water and Sanitation as Districts. Witness ny trand and official seal. Notary Public My connission expires: HOLY CROSS ELECTRIC ASSOCIATION STATE OF MZZZ/.O ) COUNTY OF The of Holy cross Electric I{itness ny hand and official seal . ) ss: '"*:"U%:Tr"52YT , rro//d: as I,TOI'NTAIN STATES IELEPHONE AND TEI,EGRAPH COMPANY d/b/ a I.{OUNTAIN BELL By: before ne this sociation. i"" ."pi."", y'-{-Z/ STATE OF )) ss: )COUNIY OF day of The foregoing instrument lras acknc ;ledged before rne this - -as Districts. Witness , 19-, bY of Upper Valley Water and Sanitatlon mv hand and official seal . Notary Public My conrnis::ion exPires: HOLY CROSS ELECTRIC ASSOCIATION By: )STATE OF ss: COUNTY OF day ot The foregoing instrument was acknc rledged before ne this -, 19-, bY AS df nofy cross Electric Association. Witness ny hand and official seal . Notary PuJ'lic My cornrnission exPires : MOI'}I:TAIN STATES TEIAPHONE AND TELEGnAPH COMPANT d/b/a MOUNTAIN BEL,t By3 ilera/o'e-< FAcll /r/6 STATE OF COUNTY OF day The foregoing of Company d/b/a Mountain 8e11. Wj.tness ny hand and official seal . ss: instrument was acknowledged before rne this _, 19-, by ctD of Mountain States Telephone and Telegraph Notary Public My conmission expires: PUBLTC SERVICE CO}TPANY as successor to and/or GAS FACILITIES, INC., A corporation OF COI,ORADO, assignee of Colorado STATE OF C olorado COUNTY OF Lake ss: assignee of Gas Facilities, Inc., a Colorado and official seal .l|t Gnmlcrlor orplrar Juf 23, r9r, The foregoing instrument was acknowledged before rne this 9Z day of Ynaaz'(- , Lg ?d , by Gerald M. Bonser ag of Publi.c Service Conpany of Colorado, as rep re sentat ive successor to and/or corporation. Witness ny hand PubIic l.ty cornrnission expires : HERITAGE CABLEVTSION By: STATE OF COLORADO COUNTY OF EAGLE The foregoing instruroent was acknowledged before 15th day of April , 199o, by J.F. Paschall frEiiqer--ltetwoffi c i r it i ef 6 c fr ounta inl5tat63-re r ephone My conrnission expires: PUBLIC SERVICE COMPANY as successor to and/or GAS F'ACILITIES, INC., corporation ure this as and ca-E-7 / OF COLORADO, assignee of a Colorado Telegraph Conpany d/b/a Mountain 8e11. Witness ny hand and official seal . By: STATE OF COUNTY OF The foregoing instrurnent was acknowledged before day of ,Lg- rby me this AS successor to and/or assignee of Gas Facilities, Inc., a Colorado corporation. Witness ny hand and official seal. Notary Public My commission expires: HERITAGE CABLEVISION Notary Prbli BY: STATE OF COUNTY OF day The foregoing of Cornpany d/b/a Mountain Bell. Witness my hand and official seal . instrument nas acknowledged before me this _ _as , L9- , by of Mountain States Telephone and Telegraph Notary Public My cornnission expires: PUBLTC SERVICE COMPANY as successor to and/or GAS FACIIJITIES, INC., a corporation oF CoIDRADO, assignee of colorado By: STATE OF -) )couNTY oF _) day fhe foregoing of instrurnent was acknovledqed before ne this ,19 bv as of Public Senrice Conpany of Colorado, as Inc., a Colorado assignee of Gas Facilities, and official seal . Notary Public My comnission expires: HERITAGE CABLEVTSION successor to and/or corporation. Witness ny hand srArE or Q/oru"lo The , L9?L, by of Heritage Cablevision. Witness my hand and officiat seal . No uy THE TOWN OF VAIL couNrY oF e€ /g STATE OF COI'NTY OF day of ng instrurnent was ackngwledged before ne this e41 AS expires , 5/7/rc By: SS: The foregoing instrunent was acknowledged before ne this , L9-, bY of The Town of Vail . Witness ny hand and official seal . Notary Pubtic My conmission expires: as day of TO: FROM: DATE: RE: Planning and Environmental Commi.ssion Community Development Departnent March 12, l-990 A request for a minor subdivision to create a singJ.e lot from Lots l- & 2 Block $, Lionsridge Filing No. 4. Applicant: Todger Anderson INTRODUCTION TO THE REOUEST This proposal involves the vacation of a lot line between lots l- and 2, Block 1, Lionsridge FilinS #4. The applicant is reguesting to combine the two lots and will maintain one single farnily unit and a caretaker's unit on the new 1ot. The two lots are presently zoned single farnily and a restricted ernployee unit. The net result of this request is actually a decrease in density of one si.ngle farnily unit and a caretakerts unit. AIl standards for the single fanily zone district shall be met by the developer. Below is a cornparison of the development: I. SO. FT GRFA Lot L l-5, 681 3443 LoE 2 15,681 3443 Lot 1&2 31-,362 5O1L STTE COVERAGE 2352 2352 4'7 04 II. STAFF RECOMMENDATION The staff recommends the approval of this minor subdivision proposal . we feel that tire cornbining of Lots l- and 2 to create a single 1ot is in accordance with the intent of the zoning subdivision regulations, and will positively inpact the character of the surrounding area. Staff recommends that the following conditions shalI be stipulated on the subdivision plat before it is signed by the zoning adrninistrator: L. The lot is restricted to one single farnily residence plus a restricted caretaker's unit per Tohrn of Vail ordinance #15, L989. 2. rrThe property shown on the plat is located in a moderate Rockfall Area as identified i-n the Schnueser & Associates, inc. rnap dated November 29, L984 which nap rnay be reviewed at the Connunity Development Departnent offices of the Town of Vail.rr IN ITY MAP t{rv{y : a.b.utY l9'ro ,. "'.'L..a - oi.t.tc d,*nt' r'tihq Ihrl"!"It lim or r't r $o.n., t9-L l!F dr.rlng) i^t i6. .r .or.d n.t.6n II'ILITY €ASEMI 8€ CR€,IIEO BY CASOLAF ^$c ,-% E 6 g ; o 'e : EAS€ MEN T 8 PIOPEFTY LI ro a€ aSArtoo^JFc I,oT A ,1'tD kcXp+ft W4ffiTt> 09 '93 tot:!t4 3:t{l':-tip{H I 'EC'r 3-!!7 P-5r3 a:t/ l!/$ tste9 poa(t6 tor.v.r rbrndon, Y!cet'' r-'l'rt' and t'r:rtnrt' thrt portlon of th' ililiat iaecroni d'rcrlbGd 13: Tho.. portlona o! tott r I ?.' ?lo:k .l I Llon'' ll'19' tubdlvl.lon r,"ng TJ] i rnaicatra rt' r 1or utllltt .!..r.nt accorctnj i"-'trti' iip- tnrnor -r'cordcd ln th' oftlc. o! th. t!qr; ci&"i?-' igitttao' Gr'rk 'n'l n'cord'r' ino- iurtrtcr d.rcrlb'd !t follo{t! r'h. routhr.rt.rly 5 !"t of. 9!^i d- ttt t tog'th'r ulth th' iiitiil.t".tv 5 -!ort or sald tot 2' Er..r.nt o..!. h.!'bt conv'y !1I .!}:ft-tl*!: tltl' !r'd tnt'r"c in .nd to lhet poreron"li'iitJ irlr i rty larirrnt vrcrt'd rbor" ' Bo tha orn.r. 2. tl|lr vrcrtlon 'nd Ab'ndonl'nt of ErJ'tlno !'l.r.n! 'lrrll b. blndlns uDon rn't ri"ll- ii-tit brnertt oi- tnt- tucc"'ort 'ntt i".Gnr oi thr Prrtro' h'r'to'i:: srArr or Ll''^ttt ,;' -Ta*r--f .'' o^, ff.-%i&el* ProP.rty oll.r ' ln rt ru!. n c tr r rcknoe I 3ds"ir":?::t"t .:t .H' t? rltmta rtt hand lnd otllcht t'rl' ly: .J fi | .l,t ,. pB3(.|Fe a!!665 D-!i17 P-5r3 tDgtl3/a larrr ot I ) arl cmn ot.- --t n|. ,ot.tottlg lnltrut'nt vrt aclnd'l'dt'! b'tor' i ttt ;drt ot -ir t'fiFjroto@tin Dl.tslsg.. Iltn t. ry lrrrl rnd oltlclel ..el' Iotrry ItDl to W cooloton atl'lr!" 1 HOLI clo!! tlsdtnlc llsoclAIlol lltrrtr ry hrnrf rrd ottlcl'l t"l' !yt l5ra9 o- snMA or I I a.3 cdtltl ot I tltra tor.golnt lnttntr'nt rr' 'olnort'd{"d b'tor' r' th|r -drvo' ;3.?i.kfu'f -_--€?:.-lr ifl6ffic.I- rrr' tlttf,.. ry brnd rnd ottlotrl !.ll' ffi ilffitr,}.HH.::.ffi1' oorDoartlon N rl lyt rar|lt ot.-i ..r coolll ot t !h. tos.eottf t tlrDnt rrt rotttoil'dq|.d b'tor' r' thl| -d.rot4Ji#r..r.r*r.g*; G..-C@t ltri-gn;"t Grt trcalit: oosDonClon. tltn .t rY hrnd '|rd ottlol'l ..'l' trtntlrct ctlLEttltlot tr!.6r, !-317 e-alt Jtt tuln lyt llr?e POgoFt sr ilrv scHULz-ARCH tTlT,*. $tu\' Sidney St 141 EAST MEADOW DRIVE VAIL, COLORAO 81657 303/476-785O August 21, L990 I'1r. Gary Murrain Town of Vail-0ffice of Comrounity Development 75 South Frontage Road Vai1, C0 81657 RE: Anderson Residence Lot A, Anderson Subdivision 1175 Sandstone Drive Dear Gary, Regarding our conversation yesterday afternoon, there are two kltchens 1n the above mentioned project. In the Snack Bar on the Lower Level we had p1-anned on having a sink, undercounter refrigerator and microwave oven. It has always been my understanding that a stove is requi.red for a cLassification as a kitchen. During our discussion you said that a microwave in the Snack Bar would force this space to be designated as a kitchen. Therefore the microwave will be elininated from the Snack Bar. To answer your concern about exposed pipes in the void under the Garage the General Contractor assures me that all pipes subject to freezing will be protected. 1f you have any further questions please give me a call cerely hultz VTIVBER THE AVE?ICA\ I\SN-UIl OT ARCH'IECIS Ilcrrl'er Investment Mvhiors. Inc. 6l-i Jatcntearth Slrcel' !ut:e llitl() R)$ oliice Bor jl4lt1 Dc nfcr. Colorildo l1.lil? il0lll9l-i.lft lixlgu,lmlenxn. C.F.A. hcjilcnl Dircclor of Porliolio Manllemerl June 20, 1990 Town of Vail 75 South Frontage Road Vail. Colorado TO: The Office of Community Development This letter is to inform you that I will be modifying the residence I am building at lI75 Sandstone Drive to include a caretaker unit as allowed under Section l g. r 3.0g0 of the Town Zoning Ordinance for Lion's Ridge Subdivision No. 4. Sincerely, Todger Anderson /lm srfirv scHULTZ-ARCH'tftt,*. *t'' ' 141 EAST MEADOW DRIVE VAIL COLORAO 8165/ 3O3/476-7890 June 21, 1990 Town of Vail 0ffice of Community Developurent 75 South Frontage Road Vail , C0 81657 RE: Anderson Residence Lot A, Anderson Subdivision LL75 Sandstone Drive 0n behalf of my client Todger Anderson, I an subnitting this letter and the attached revised drawings as a formal application for a second "caretakerrr unit as allowed under the zonine for Lionsridge Subdivision, Filing No. 4. Nane of Applicant:Todger Ander son 6 South Lane Engler,rood , C0 80110 i30 Nane of The revisions |,147 square GRFA nor the Applicant t s Representative: Sidney Schultz show a re-appropriation of spaces to create the foot caretaker unit and do not effect the approved approved design of the residence. Also attached is a list of the adjacent property owners and the required fee for this applicationu. If you have any questions please do not hesitate to ca11. q;A,\ql"/ Sidney Schultz MEMBER, THE AMER CAN INSTIME OF AI?CHIIECIS t\i r 75 soulh trontage road vail, colorado 81657 (3fi') 47$'2138 (3Gr) 479,2139 office ol community developmenl Eagle County Clerk and Recorder c/o Stuart Title Eagle, CO 8163L To Whom it May Concern, upon recording of the enclosed docunents please return the original docurnent wittr recorded documentation to: Shelly Mello Town of Vail 75 S. Frontage Rd. Vail , Co 81657 Thank You, t61^t% l\]V,J!{ ShelIy Mell'o Town Planner , flnR E ,w E4'B'PN s*]-.*o,tt..t March 22, 1990 P.? te : 60 te-80-066 [ i lr tlr . Tovn Town 75 S va11 RE: Larry Eskvith Attorney of ValI . Frontage Road , co 81657 Lots 1 and 2, Dear Larry: I have revieued rhe vacBEion and abandonDcnt of Bxiattng Eaeeoenr ss shovn on thc Reaubdlvlgion Plat for the above referenced property and us lfeet agr€3c to abandon Lhe exlCting eeeeoent tn conairteratiOn Of the gioperty OtJDer granting a nell e6sedent as sholn on ruch Plat. Block 1 , Lion I e Rldge Subdlvtsion Flllng I'lo ' 4 US WEST { r0d 500 3NdOHId3A]IS ISSH SN e/90 89t E0E :?', .r-${ o .7 Ille Vail Vallev ConsoLidated l,ibter Dlstrict, at its retirg of l{arch 22, 7gg}, ,rnanfnor:sfy voted to an etcttarEE of easernerrt as presented qt the attached nap. Itre upper Eagle Valley Consolldated Santtatlqr District wlll cqlaider this regr:eet dr:rlrg lts regular rFetlrlg to be tefd llarch 28, 1990' o EY TO l,[iltl IT MAY @l,lCERttI: Uppen Elcle Vlll- WATER AND SANITATION DISTRICTS 846 FORISI ROAD . VArL. COLORADO 81657 1l0J) 476 7:l8o lhrch 26, 1990 Slncerely, 4 A-^-^--f !uu-n-/ l{anc'y Glenrt A&ninistrative Serrrlcee \ ll PaRrtctpattt{G DtstFtcTs - aFRowHEAD METRo waTER . avcN M[TRo wa rER . BEAVER CREEK METRO wAIf R . BEFTRY CREEK METRO '.^.t* /4[]\ 0\ EAGLE va'L MEr,.o warER e '"*".;; I"';:.".::::::.iil:.::,,,i r :'J:l'-:i.:1'":Tff*:::'""'Y coNsoL'IJATED saN ra-oN @ ,r;r < {! 6 o+r, -o <f @ @ _9 (!_ 2 u.'o^ + 'oo !s e ,{. s00"04'39"w { AASIS OF BEARINGS ) .o>,Nr !,(o {: oi;o> .||3 2v c z; :z It :< aa 6 aO ?45 | 6' O U) - *3 SdljASiT t . al -r-:'li , i . ,' =I EF 9t c)D r T 3.T IJ 3 B g- E ". . r $-6 i .".l -1 fo i{4' d('7 | t->'I I I I T- 35 ,. B> -.1 ,,1 ,4', /'/,/7/ sr5 9z :=*p z a a 6 (D l (n t!E '$-:J-o z. 9 t ;a = F z - ; llarch 22, 1990 Mr. Larry Eskwith Tolrn Attorney Town of Vall 75 S. Frontage Road Vail, C0 81657 RE: Lots I and 2, Dear Larry: I Block*, Lionrs Ridge Subdtvision Filing No. 4 _y4nz I have reviewed the vacation and abandonment of Existing Easement as shown on lhe Resubdivielon Plat for the above referenced property and lloly Croes Electric agrees to abandon the existing easelrent in consideratlon of the property o!"ner granting a nerr essement as ghown on such plat, HOLY CROSS ELECTRIC CO. ARCH I TECT ZONE OISTRICT PROPOSE3 USE nrfr. 4 q c10 iii.ii@sto.r,I rrins I'ovt7vtd'ct 4 AOORESS: OI.INER ZOiIE CHECK FOR SFR, R, R P/S ZOIIE DISTRICTS Phone Phone Al I or'red E)(33) P ro oos ed jl'm4X. 4211t V) Height TOtAi GRFA PrinarY GRFA SecondarY GF,FA Setbacks: Front ( i do< Rear Water Course Site CoveraSe l19"lc l,vaa) Landscaoi ng b0 7o Fence/ Retai ni ng -"^la1 I Heights Parki ng Cred j'-s: Garage Mechani cai Ai ri ock Storage Sol ar Heat Drive: SloPe Permitted Env'i ronmental /Hazards : sPtt vsbs,tb lox,t :z-Uy5t*,6\- tb' M_ u/n w,1-'0K', t 4 f/P/oscel- v{ 20' 15' 15' F1 4@ t'- /o' t 4'v'a [;s3l@ (so)(6D / rc \ | <n \ (2oo)@ | (/)(-/ l()( ) tl ^ ,t-\/+tx) nol,.SlopeActual (/rc' Ava I anche F'lood Pl ai n 1:-1 lrletl ands _- Geoloqic Hazards Con'nents: N. Date /t --\l #+)[at lQaa,lz- l?, 5D D X tbuoU?28 't 7(Z{.oO tb6b.'92- 6o tl 3z Project Application " /i -'{,\ ssls 4 '(*' !t,-' tr t-lv't , l, r, / ,-.. I Proiect Name /-\.1 'Lll. Y' ,'rl r-' Project Description: Contact Person and Phone Owner, Address and Phone: Architecl. Address and Phone: Legal Description: Lot l* i' ,atoct< \ ,ritins , zone ' '(a' Comments: 'i(.t"ii. Design Review Board '1' + 'l(-' Date Seconded by: APPROVAL D ISAPPROVAL Su m mary: E statt Approval .]4e3rae6 Et-5a6 F,-465 JOHNNETTE F.HILLIFiS , /) ')-t-t/- L7 /gta 1O : E9 EAGLE COUNTY CLERK,'J8,;-E["',":E;DOC o. oo r r.'l \I --) --]APPLICATION FOR REVOCABLE A STRUCTURE ON A type or print) PERMIT TO ERECT OR MAINTAIN PUBLIC RIGHT-OF-WAY ,t7,l'/.u ( PIease Fence Wall Landscaping Other DATE 5 March 1990 OWNER OF PROPERTY NAME OF APPLICANT ADDTTESS To d ser And er Todger Anderson 1175 Sandstone Dr ive LEGAL DESCRIPTION OF LOT A BT,OCK PROPERTY TO BE SUBDIVTSION SERVED: Anderson Subdivision (If necessary, Corner 1ot afEEEE description on separate sheet). Inside lot X DESCRTPTTON OF STRUCTURE OR ITEM(S) INTO RIGHT-OF-WAY: Land scape /Relaini ng Walls; Landscaping t^ldl At-tach plans sholring encroachment, property I intakes, hydrants, meters, nanhol-es, any other the project area (to scale or dimensioned) and elevations (if applicable). Does structure presently exist? D€. sidewalks, curbs, affected appurtenance in section (s) as well as NO Proposed date for commencement of construction 1 April 1990 In consideration of the issuance of a re-rocable permit for the struc:ture above indicated, appl-icalrl agi:ee': asi follows: 1. That the structure hereiit authorized on a revocable permit basis is restricted exci.usively to the iand above described. 2. That the perrnit is lirnited specifically to the type of structure described in Lhis application..3, That the applicrnt shall notify the Town Manager, or his du.J-y authorized agent, twenty-four hours in advance of the tine for commencement of construction, in order that proper inspection may be made by the Town.4. The appJ_icant agrees to indemnify and hold harmless the 'Iown of VaiI, its officers, employees and agents from and against all liability, claims and demands on account of injury, loss or darnage, including without lirnitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or darnage, or any other ]oss of any kind whatsoever, which arj-se out of or are in any manner connected with applican!'s activities pursuant to this perrnit, if such injury, loss, or damage is Laused in whole or: in part by, or is clairned to be caused in whole or in part by. the act, omission' error, professional error, mistake, neglicrence or other: farrlt of thr: appJicant, his contractor or subcontractor or any officer, employee or representative of the applicant, his contractor or his subcontractor. The applicant agrees to invesligate, handle, respond to. and to provide defense for and defen,j agairrst, arly such liability, claims, or demands at the sole expense of the applicant. The applicant also agrees to bear aII other expenses retating thereto, including court costs and attorney's fees, whether or not any such liability, claims, or demands alleged are groundless, fa1se, or fraudulent. Applicant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to ensure against aLI Iiability clairns, demands and other obligations assuned by the applicant pursuant to this Paragraph 4. Applicants further agree to release the Town of Vail , +ts officers, agents and enployees from any and all liabilltY, claims, rlemands , et actions or causes of actions whatsoever arising out of itny danage, loss or injury to the applicant or to the applicant's ., 1 property caused by the Town of Vail, its officers, aqtents and L.pioy"-.= while eigaged in maintenance or sno!., removal activities or-any other activities whatsoever on Town of Vail property, streets, sidewalks' or rights-of-way. 5. That the permit rnay be revoked whenever it is deterrnined that the encroachrnent, obstruction, or other structure constitut-es a nuisance, destroys or irnpairs the use of the right-of-way by the public, constitules a triffic hazard, or the property upon.which the encroachrnent, obstruction, or structure exists is required for use by the publici or it may be revoked at any time for any reason deemed sufficient by the Town of VaiI. 6. That the applicant wiLl rernove, at his expense, the encroachment, obstruction, or structure with-in ten days after receiving notice of any revocation of said permit. 7. that Lhe applicant agrees to maintain any landscaping associated with the encroachment on the right'-of-r*ay. 8. 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 rnake an assessment against the property and collect the costs of removal in the same manner as general taxes are collected. 9. That the permit so issued is not assignable, and is issued sole1y to the undersigned applicant. 10. That the applicant has read and understands all of the terms and conditions set forth in this application. 11. Special conditions: -3- cf li. s j-gnature of Property owner ownership, both signatures)(1f joint 4e30es B-5e6 p-s65 @4/L7/9V 1O:89 trGEOF3 DATE APPRO Develop nager Date .j ublic Works lIIl l, l'l-\' l,(,(:,\'flON Vt:lt ttj lq;,\'Il()N SUDl) lv I f; r oN 'llre loc;rl. i6rt rrl. rrr'il il..i J.irrcs, ll l:i I lr{, lrppr.lryg{ arcc()ntl)irniirr11 :;ile P l;rrr . cs, I'rhtlllr.'l' lltey it rrtl ycli('ilrl by bc tult.irr l. Lr urli tlrc l'ol lorvirrg l.ittcs or Iro1rosc(l ttLiliLics Ilrr..Lltc t ( l.lottnt.a irr llc I I | -634 -37 7 tl ii." ),/,1,, t i.': / l'lcs terrr Sl rigr,J t;irr llarry lloyr:.; Pulll ic 5erv ir:o tir.rrlr!-111',, Gary llal I lloly Cross [- lcr: Lri c Assoc. Ted llusky/tl i,:lrael Lavu.ly Vail Cable 1'.V.., 1.. Gary Jolrnson ' .^- 6l (/" ll-:li"tli Upper Eag le Va I lc.y l,la t.",. anrl Sarri ta t ion l) isr:ri c I Davi d Krerrcl,. irra & il,,:r*-/.*tslu/rt /'rrtlrrrri zecl S ittna Lrr re [)a [r: ar * ['0t' ti':y !2!d-:81 P I ca :, r: f i a t tl r: lr c,-l Qfl A sl-r'ccl cuL pcrnliL nusL lrc 'l'lr.i s lirrrn is t() v(.1'.ify I'his shoul.l l,'.r uscrl il ,z/,t/nr No'l'li: 'l'lrclir vcrifi.cnt.icrrrs ri, rrot rclicvc Lhe contr.tctor. o.f his 1',.1rIorrsib i I ity t..r olrt: .i rr a str.ceL cut llcrrlit fron Lhc 'l'or.;rr of Vli I, lh.l):l r tr;rr.:rr t of l)ubI j-c lVorks lnd to rrbtui.rr r.rLi. l.i.t1' Irrr:irl ions b,:l-or.c tl.i.gL1,itrg irr arry prrbl j.c r.i glrL- olf -rvrry ot: citsr:I'rtt(. jrr t.lrc 'lbrvn of ViriI. 4 buildj.ng Icr.nt.it: is ttt'1. ir irl r'1.:.(. cuL l,ct.trri.l-. obtir irretl i;c|;l t'l Lc l y. 4esGeg B-5e6 p-g6s 64/17/9@ 1O:89 F'G3OF3 -:,. rv.ic c lvuilltblity :urtl locution. corr j urrc tiorr w.i.tlr pt cparirrg your (ltil it.v pl:in nrrt[ scherhrli.rrg installatious. 141 EAST MEADOW DRIVE VAIL, COLORAO 81657 3O3/A76-7890 Ylarch 27 , 1990 Ms. She1ly Me11o 0ffice of Community Developrnent Town of Vail 75 S. Frontage Road Vai1, C0 81657 RE: ANDERSON SUBDMSION-EASEMENT VACATI0N Dear She11y: Attached please find the subdivision plat for the above mentioned project and easement vacation forms from US West Communications, Public Service Company, Holy Cross Electric Association' Upper Eagle Va11ey Water and Sanitation District and Heritage Cablevision.If you require any further information for the April 3 Town Council review of this plat please give me a call '€).\/ Sidney chultz, AIA srilrv SCHULTZ-ARCH IOT,*. Jav K. Peter son MEMEER, IHE AMERICAN INSTITUIE OF AI€HI]ECTS t -r. o t. tsr NAr.rE o; PRoJfcr: ---BL@G!-LEGAL DEscR I PT I 0N :--iTI--'[W*-t;i sTREET ADDRESS: - - :-. -ll|E--: DESCRI PT I0N Ci' PnOJi ,; r I The following llrforrrr;,t, ion js requirerl for submlttal by tlte applicant to Board before a finai approval con bc fivenl A. BUILDING MATERIA'*S: TYPE OF I4ATFRIAL Roof Si rli ng 0ther llal l l.later i .rl s tlre Oesign Revi ,t-,r, L t . (osj - 6elv'' , lhafol a4#t,e^r.n;,' '-r'_ }t{aa lo=i: COLOR a/CIM'L Fasci a Soffi ts }lindows' llindou Trinr Doors Door Trim Hand or Decl: ttails Fl ues F'lashi ngg . Chimneys Trash Enclosuros Greenhouses 0 ther B.LANDSCAPING: Nanre. of Dusi-tner: Phone: PLAI{T MATERIALs: PROPOSTO TREIS llotanical llame Cnnmon Namc Quani tV Si ze* uh 3'Ca(, l0-lt' EXISTING TRITS TO VIONC-. BE REMOVIO *lndlcate ca'liper for deciducious trees. Inrlicate height for c''rnjfers. (c'vcr) OF MATTRIALS Wtwucg . PLAIIT ].IATERIALS: (con' t) SHRt'85 EXISTING SIIRUCS TO BE REMOVED GROUND COVIjRS Botanical llame Ci:rnrnon Name grlrrlx- WflUP- , s0D --'3Q&t:'' 5i ze ' Squarc Fq_qlnr': ' sEtn TYPE OF IRRIGATION TYPE OR I'IEI'IIOD OF EROSION CONTROI.\ C. STHERILANDSCApE FEATItRtS (retaining walls, fences, swirr;ning pools, {\ t\';)(t{,./ s\ ' : . ,1., i. P-IANI I,IATERIALS LIST DEg I DUOUS TREE9- PA 7 Narrolrleaf Cottonwood Populus angustifol ia 3' cal. PT 32 Aspen Populus trenuloldes 2 7/2 - 3'cal. 8 Aspen 3 t/2' eal . 4' cal.5 Aspen CON I FERS ABIES 5 Urhite Fir 'Ables concolor !.-Lzt 72'1.Qt i 2-A' PICEA 5 Colo. Blue Spruce P'icea pungens 'glauca' E' 4 Colo. Blue Spruce 10' 3 Colo. Blue Spruce I2'+ SHRUBS (al | 5 gal. ) AA 11 Sarviceberry ArnElanchier alnlfol ia CeV 3 lilountain ^Ll lac Ceanothus velutinrts CNb l1 Dwarf Blue Rabbitbrush Chrysothannus nauseosus CorS 26 Colorado Doguood Cornus E€ricea coloradEnse CotD L7 Spreadlng Cotoneaster Cotoneaeter dlvarlcata CotH 12 Rockspray Cotoneaster Cotoneasten horlzontalls EC I Sl lverbenny Eleagnus commutata JunH 11 Buffalo Juniper Juniperus sabrina'Euffalo' PinM 9 Dwarf Mugo Plne PinuE mugo lDugus PoA 9 Abbotswood Cinquefoi I Potenti I la fruticosa 'Abbotswood' PoJ E Jackrnan Cinquefoll P. frutlcosa t Jacknan' PrA 3 American Plirrn Prunus arn€r icana PnB 3 l,lestern Sandcherry Prunus besseyl PrV 9 Native Chokecherry Prunus virgtnlana ne lanocarPa' RhF B Glossy Buckthorn Rhamnus ftangula RhG 7 Dwarf Smooth Sunac Rhus glabra cismontana RiAl 5 Alpine Currant Ribes alPlna RtAu 15 Ye I I ow-f I oueting Currant RlbEs auraun Sal 7 Native Bluestem tli I low 5al ix irrorata SaP 7 Dwarf Arctic lfi I I otr 5a I i x PurPur€a 'nana'SamP 6 Native Elderberry Sanbucus pubens ShA 6 Si lvEr Buffaloberry Shepherdia argent€a SyC 3 Hancock Coralberry SymphoricarPos ch€naulti SyM 5 Dwarf Korean Lllac Svringa meyeri tt *1 ?A TO: FROM: DATE: RE: vtp1ca Planning and Environmental Cornmission Comrnunity Development Departrnent March l-2, 1990 A reguest for a minor subdivision to create a single 1ot from Lots l- & 2 Block 1, Lionsridge riling No. 4. Applicant: Todger Anderson TNTRODUCTTON TO THE REOUEST This proposal involves the vacation of a 1ot line between lots 1 and 2, Block 1-, Lionsridge Filing #4. The applj.cant is reguesting to combine the two lots and will maintain one single faniJ-y unit and a caretakerts unit on the new lot. The two lots are presently zoned single fanily and a restricted employee unit. The net result of this request is actually a decrease in density of one single farnily unit and a caretlkerrs unit. All standards for the single fanily zone district sha11 be met by the developer. Below is a cornparison of the development: I. SO. FT GRFA Lot l- L5, 68L 3413 Lot 2 15,681- 3443 Lot l-&2 3L,362 5oLL SITE COVERAGE 2352 2352 47 04 IT. STAFF RECOMMENDATTON The staff recommends the approval of this ninor subdivision proposal . We feel that the cornbining of Lots l- and 2 to create a singJ.e 1ot is in accordance with the intent of the zoning subdivision regulations, and will positively irnpact the character of the surrounding area. Staff recornmends that the following conditions shall be stipulated on the subdivision plat before it is signed by the zoning administrator: L. The lot is restricted to one single fanily residence plus a restricted caretakerts unit per Town of Vail Ordinance #15, l-989 . 2. rrThe property shown on the plat is located in a moderate Rockfall Area as identified in the Schnueser & Associates, inc. rnap dated Novenber 29, 1984 which map nay be revier{ed at the Community Developrnent Departrnent offices of the Town of Vail.rl IN ITY MAP s{rv.Y : a.b4..Y lllto ,-'ll.-L..a -.'i.ttnq dtlsnr' orhlne ':h' i"t"lt lin' o' t.t r rn'o.' )!-r (.d drding, rrrto. .. .oi!d n ..d s88'17'49 W t UI|L IY EAS€M| 8E CR€TiED 8T (:A SOL ! F d 'tTw Vxrrt A.\ \ \ 5(r l-! :t- E-ASEAT€tt E ProP€PrJ [) TO 8E ASANO'NFC d" ."di I,o( A .1'74 kov,es, {o W LLffiEt) \ 75 south frontage road Yall, colorado 81657 (303) 47$.2138 (303) 4792139 oflice ol communily deYelopment February 23, 199O Sj-dney Schultz - Architect 141 E Meadow Dr.Vai1, Co 81657 RE: Minor Subdivision request for Lots l and 2, Block 1, Lionsridge Fili-ng #a. Applicant: Todger Anderson Dear Sid, I am writing to confirm our phone conversation last week and relay The Department of Public Works concerns with the project. We have tentatively scheduJ-ed the PEC review for March 12, however we will be unable to keep it on the agenda if the application remains incornplete. fn order for it to be complete you will need to subrnit by Monday March 5, 1990: , 1) Documentation frorn all the utility companies certifying ' that they agree to the vacation of the easenent. 2) 2 mylar copies of the plat with the following added as a noEe: "For zoning purposes, the lot created by this minor subdivision is to be treated as one entity with no more than one single fanily residence and one caretaker's unit allowed on the lot.rl , 3) A1so, the addition to the plat of a new 15 foot drainage '\' easement along the west property line of the created lot. In addition, creg HaII, the Town Engineer, also said if the driveway is to be heated, then drainage must be provided so that it will drain away frorn the roadway. He also noted that a revocable right of way permit wiII be necessary for the irnprovements located in the R.o.w. I have enclosed an application for this which will need to be completed before a building permit is issued. I I The application wiII then be scheduled for Design Review Board upon completion of the Minor subdivision process. Please feel free to contact me should you have any questions. S incerely, ShelIy Me11 Town Planner 1L)r,,Ld |,",'n ,', PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Cornmission of the Town of Vait will hold a public hearing in accordance with Section L8.65.06O of the municipal code of the Town of Vail on March 12, 1990 at 3:00 p.m. in the Town of Vaj-l Municipal Building. Consideration of: A request for a minor subdivision on Lots l and 2, Block 1, Lionsridge Filing #4.Applicant: Todger Anderson A request for a major arnendment to Special Developnent Distrj-ct #7 (The Marriott Mark) in order to add 60 timeshare units and 5 ernployee housing units.Applicant: Marriott Corporation A request for a Speci-al Development District in order to construct three prirnary/secondary structures on Lots 3,4 and 5, Vail Valley Third Filing.Applicant: Deborah W. and Robert Warner A request for an exterior alteration, stream setback variance, site coverage variance, and conditional use for a deck enclosure and new outdoor patio for the Red Lion BuiIdj-ng.Appli-cant: Frankie Tang and Landmark Properties A request for a front setback variance for Lot 7, Block 6, Vail Village 1st FiIing.Applicant: Rj-va Ridge South Condorninium Association A request for a side yard setback variance for Lot 9, Block 3, VaiI Rowhouses (Unit #9)Applicant: Walter Gramm A Work Session to review the 199O Recreation & Trails project schedule. A request for an exterior alteration to the Vailglo Lodge on a portion of Lot 1, Block 2, VaiI Lionshead Third Filing. Applicant: Craig Holzfaster /,rl /o OIl 1GcQt"-.4 ,t '.J i 2 / ?/ /'/o q 7. The applications and inforrnation about the proposals are available for public inspection in the Conrnunity Development Department office. Town of VaiI Community Development Department Published in the Vail Trail on February 23, L99O. I DATE Q Eohn,arw- 'l OOf) I ) L//v APPLI CANT APPLICATION FOR MINOR SUBDIVISION REVIElll (4 or fewer lots) Todger Ander son PHoNE 293-s3BB NAME OF MAi LI NG c.NAME OF NAME OF APPLICANT'S MAILING ADDRESS ADDRESS 6 South Lane Englervood, C0 80110 B.REPRESENTATIVE Sidney Schultz 141 East Meadow Drive PHoNE 476-7890 type ) PR0P_ERTY 0WNER(S) (print or IOOqer Ancerson OWNER'S MAILING S IGNATURE ADDRESS PHoNE 293-s388 6 South Lane Engleruood, C0 80110 D.LOCATION OF PROPOSAL (ADDRESS) Lors I and 2 BLocKs 1 F. E.FEE $100 PAID 1 175 Sandstone Drive SUBDIVISION Lion'sRldge Filing 4 G. H. MATERIAL TO BE SUBMITTED The subdivider shalI submit three (3) copies, two of which must be mylars, of the proposar_following ihi requirements for a final plat as found in section 17..l6..l30 of the suuaivision Regulations. certa.i n of these requirements may be-waived by the zon.i ng administrator and/or the Planning and Environmental commission if deteimined not applicable to the proj ect. f1 glviqonmental report may be required if so stipulated under chapter .|8.56 of the zoning code. The Oepartment of community Development will be responsible for seeing that_the approved plat is promptly recorded with the Eagle county clerk and Recorder. Include a list of all.adjacent property owners (including those behind and across the street) wjth their mailing aooresses. ADJACENT PROPERTY OI,INERS ANDERSON SUBDIVISION A RESUBDIVISION OF LOTS 1& 2, BLOCK 1, LION?S RIDCE FILING NO' 4 CASOLAR HOMEOWNERS ASSOClATION Mr. Jack Agee 813 Mira Drive Colorado Springs' CO 80906 Mr. Marti Rubenstein 1148 Sandstone Dri.ve Vai1, C0 81657 Mr. Greg llampton 1175-B Casolar Del Norte Drive Vai1, CO 81657 LOT 3, Block 1", Lion's Ridge Fiting No' 4 Dennis W. Gartner 20620 Lindwriod Excelisor, MN 55331 LOT 4, Block 1., Lionrs Ridge Filing No' 4 Wi111am J. CarnPbell 19270 Dale Ave. Deephaven, MN 55391 LOT 5, Block 1., Lionts Ridge Filing No' 4 Al1en J. Pickens 15775 N. Ilillcrest Ste 508 Da11as , "lX 75248 LOT 6, Block L, l,ionrs Ridgc I.'iIing No' 4 Fred W. PooI 7 Martin Lane Englern'ood, CO 80110 .t 1) nntr: _t1fu{B=-)en 'rt l- ! t,tc' ' [J-ltfJt] ?e AIr'r-icAfI0N l)A It 0F tll{ll unll Al'}t't- lcAT I0N *r***t'llIS At'pLICAl I0ll Uil | iirll ltl- AccIt)l l-lJ tiNl IL Al-L Illr0lll'lATI0N IS SUBIIITTID'r**'* PR[-APPL I CAT I OI.I I,1I- I T Ii](i : A pre-applir:at-i6rr 1r1,,n1.i.1,1 r.riLl) ;! plarrnirrtl sl.af I rri"tribcr is stron1.11y srrggested Lo tleicrrrr iirb if irrrv arl,lil.i,,,,,l irrl,rnual.irrtr i'' ttontlr:r!. ll,r aplrlicaLiort rvi.l I l.re accellLed urrlcss iL is (.r'lrl,lr'lc (r1,, .1. irrr lrrrlr-, ;rll il.r'rrrs t'cr;ttit't',1 lr.y Llrc' zotlinq arlllli ltisIIal.tlr-). tt. is l-lre a1'1rlir.;trrl.',. r','1',rnsil,ilil.t' l.o l:t,'lc ;rit a;rlroitti.ttrcttl- vtiLlr t.lrt sl-aff Lo iirrd orrl. alrorrt arlilit:iorral :,ri,uil. l.al re<1uit':'tttttttit. l)lt:ase ttoLr: that a C0l"ll)l-l-l[ a;tPlica- l.iorr vlill sl.r'carrr lirr,, tlrt ,rl'l)r'()vll ltt oct'5ll [-rlt' yt.rttt' project: by decrcasitrg tlte lttttttbcr ol. corrdi Liorrs pl' ilt)t)t'ov;r I i.iral- tlte l)l(li ruay stipulal.o. ALL conditions of appt'o\'(ll lllLl';i. Lre resolved lref,rre a lrrr ilrlittg llentt il. is ' rtctl . A. l'l{0.}t-cl lrl.',( illl'l I(rll: fu\tlff:at t] . C. D. E. F. LOCAT I ON Arld res s 0[ I'l{01){]sAl-: [-ega l Dcsct'i p l. irtt l-o l.k2 lllot.k S i gna Lure Ar ltlt'e s s 1 a 0otto Ler el,rrorre lrlirrg petririt is rctlrtcsted. l FirirrgLlp:y!fu )tl x2 t/ l)l{tl I l-[: I lrt' fr-'tt vti I I l,le ;la ir,l a I' VALUA I-I ON Llre L irrre a bu i fhl: $ o-$ l{),ot)l) $ io,ooi - $ 5{) r""t $50,ool-$ 150,i, $150,001 - $ 5o0,oou $500,001 - $1,ooo,ooo $ Over $l,000,000 $ 1 0.00 d. ?( nrt 1D 50 .00 $1oo.oo $200.00 $300 .00 IMPORTANT NOIICE RTGARDING ALL SIJBMISSIONS TO TIIE I]III]: 1. Itt arltliLir;tt l.tr ttlrlel.itttl sttlrtttil.l.al ret;uiretrtents, Llre applicarrt trtusL sl'ake thr: site to indicaLc propttrty iiuo..rtttl lrujliittg corners. Jrees t[at will be rcnlovtl'l sh6rrltl also trc lrarked. llris vrork rrust be cotrtlrlcLcd be1'ore tlre DRB visiLs "ltc s.i te. Z. l'lrc revier,r f)r'rr,.1'.,5' for Ntll tr iIDINGS r'ri ll rrorilt,tl ly irrvolvc tvio scl)nralq 1'r'4li1111r of thc I)c:igtr ltevicw-t},tar:J, .cr platt 'rt at leasL Lt1o rllectings for lhcjr Al)l)I'i)v;ll' 3 . I)ttoll le ulto f'a i I l.o itpl't:at' I ittt'! ' lrceLittU ;tttd vtlri.l lr"'t: ttol- asl:etl I rePublished. l)r:siqn llcvirtw tloard at Llrrlir :;r-licdulccl ,,u511',rnt'tttt-'tt L vr i I I bc t'ct1tt it'ctl l-o l;e Zorr ing _ . _-Z t- NAMr o| A|r'l-rcAirr: :W-Al'{-?q€D Address c- -9wx -tsq- 1i;r\vtawz-!4lol9-- terel,hone 1tL6-A,rdress i. _$wh -LA!!q-- Y)VJ!wz-(4lotL- terel,hone Q9L6:U N^M ri 0r' ^pr, r- r cAN r'' s rrr r,rrr s r Nr AT r V r- : - lJlpV-1UW- Acldress 14 I V tinm^d D?-- - telephone fu1il|' N^r.fr- 0F nirlrr'nL -lbbAb? ,\fzQtcN ilr DAT[:t/) lEenl irr-5e A0rlttt li": 0UilLr{ Aticilltt ci---i l{Jl'lt, lrt5lltl PROIO:;i,D USE LOT S I lr- Hei glr b Total 0RFA ['rirrrary GR['A Sccorrdary GRFA Sertbaclls : Fron t. Sides Rea t' Wa Ler [. riu r': e S j Le (lrvo';trJe i.alr.lscapirg l'crrce/llcLa i rri ttg !J.t I I llc illtLs P.tt'ki rrl Credi ts: Garage llechnnicaI Ai rl ock 5 tora qe So l ar Ile.r t Dri ve: Sl ope Pet"rrt i tted Eitv irottnental /llazards : ZONI. CIIICK t-0ll st:R, ll, R P/S z0llI DI:;ll(lcTS A. Bt ock I _ | ili,oL,LNSlQv 4rl AU1ltq.l- (30)(33) zp_ll i"i')' 1.5 ' 11, ' (3())(!0) b,Lill .l]'o.t,olc-:!_ +4 bpr+ 5sq4- ,l fli / A'aqe,raq-e--"/ t .) ,l r \--J iti']-- -- 4,t>.i,a " " 4'-- -' ,, )r.//9 -- -t-t- t.-.'.- q.-ritP.X -- -t- - .itio -- I t)tJ ( 30u ) (600 ) (eoo)(1:roo) (50)(1oo) (2i., ) i5c ) ( 2u() , (4 tir)) 5l ogre Ac l.rra l ,?r \ -,.,, Ava l a rt,:it c [:lo0{l l)lain Slo;:e lJe tl ands I <V I\/v- Geo 1 os i c r ra z a,'rr s -'p011',Ydl: J)n (__t'll6rE a=+-<V Contrrren ts : Zorring: Alrpt'ovecl/Di sapprovorl llo Lc: StafFSi[,iatur:ci- -_- -o ArPLrcATroN D^rE, [b{re(' 'u 'JATE. oF LrRB rtEE-rtn,']J& 3/r I q ,l INFORMATiON IS SUBI1ITTED***** PRE-APPLICATION MEETIIIG : A pre-appl i cati on rrrneLi nq wi t.h a pl anni ng s Laf f nterrtber i s strongly suggested to deterntjne if arry atl,litiorial irrl'crrmation j': rteeCed. llo applicatjon will be accepted unless it is conrpletc (nrtr:,t include all il.enrs required by the zoning adnrinistrator). 1t is the applicant's resporrsibi li ti' to t:n[.e an appointment wjth the staff to fjrrd out about additjonal subnritl.al requirintcnis. Please note thar a C0MPLETE appl ica- tion will strearnline tlre a;,prova1 process for your proiect: by decreasing the number of conditions of approval lhat the URIJ nray stipulate. ALL conditions of approval mtrst be resolved before a building permiL is issued. A. PRoJrcr DESCRTPTTou: JltPffaf DRB APPLICATION *****THIS APPLICATION t"lII I. I'IO'I' BE ACCEPTED UNTIL ALL B.LOCATION OF Addres s PROJ'{ISAI-: t\ Legal Descriptiott Zon i ng C. NAME OF AI'PLICANT: lAw ffi'awp cP Sotto Address I]. NAME OF APPLICANT'S REPRESENTATIVE: F Addres s NAME OF fu-Wwag co-Js!:- te1 epho ne reaw F. DRB FEE: Thc fee will be paid at the linre a building perntit is request'ed. VALUAT I ON FEE $ 0-$ 10,000 $10,001 -$ 50,000 $50,001 -$ 150,000 $150,001 - $ 5o0,ooo $500,001 - $1,000,000 $ Over $1,000,000 IMPORTANT NOTICE REGARDING $ 10.00 $ 25.00 i 50.00 $100.00 $200.00 $300 .00 ALL SUBMISSIONS TO THE DRB: 1. In addjtion to neel.ing submittal requirements, the applicant ntust stake the site to jndicate property ijnes and building corners. Trees that wilI be renroved should also be nrarkecl . This v;ork nust be cornplerted before the DRB visits the s'i te . ?. The review process for NEt,| tr itDINGS wil.l normally involve tvro sepdrclLe trlectinrls of the Design Review Boar{, o plan on at least trvo rneetings for their appmvai. 3. People who fajl to appear r,l'ore the Design Revjew Board at their schcduled n,o"ting ancl who havc not askecl lor a postponetncnt will be requircd to be reoubi i shed. tel ephone telephone hb7f1, Si gnature Address OI^INERS: DATE: LEGAL ADDRTSS: 0HNtR ARCH I TECT ZONE DISTRIC PROPOSED USE LOT SIZE Hei ght TotaI GRFA Prinrary GRFA Secondary GRFA Setbacks: Front S ides Rear Water Course /Sjte Coverage /rJ \_ Landscapi ng Fence/Retaining Wa11 lleigltts Parki ng Credi ts: Garage Mechani cal Ai rl ock Storage Solar Heat Dri ve: Slope Permitted Envi ronmental,/Hazards : z0Nt Ot[cK FOR SFR, R, R P/5 ZONE DISTRICTS AllttLetL (30 ) (33 ) 2PU3v ?0' 15' l5' (30)(so) @a t\gy _.r--- (3oo[(60D /ono\/1?nn) \Jvul\rLv! / <(sd,(roo) (2s)(50) 62s$1ooo) ts% n*\4704 b 2 N LI O Btock rilinswi?tw -4{t Proposed +4 booA, 6oo4 . /.1 Oo' / \G'qaE,(.---_-._,-. <-./ () l+thraL 'T t? tt6 '/tla Tre_ 3oz1 49,-779 Q ,l4,,X 4 VD0- sed tffi- tee tt! 100-- t 4oo- 5? tDc z{e 4oa Sl ope Actual Ava I anchr-' Fl ood Pl a in Sl ope I.le tl a nds b lw Geolosi.- u^,^,0'FrlYC| vu( [WUn rcf+l Conments: Zoni ng: Approved/Di sapproved Date: STaTTTIqnaTure I.l ST O]T I4ATER IALS ^N '?@^fr[w NAME OF PROJECT: LEGAL DESCR I PT I OI.I : STNEIT ADDRESS: ---lirll, D[SCRIPTION OF P The follow'ing lnfornation is require.l irr submlttal by the applicant:',; [he Oesign Reviet' Board before a final .ri:prsval can l-r:-'fiven: A. BUILDING MATERIALS: TYPE 0F llll[R]AL C0L0R Roof Si di ng 0ther e Ttthsu 'WtwB,GeH,qp" 1033 Fasci a Soffi ts l.li ndows llindow Trim Doors Door Trim lland or Deck R;rils Fl ues Fl ashi ngs Ch i mneys Trash Enclosures Greenhouses 0ther ltan Material s -%IC'-- "w_ 6t-lr 6'f{ u.I.ANDSCAP I NG :Nanrc of Designet : Phottc: PLANT MATERIALS: PROPOSED TREES EXISTING TREES BE REMOYED Botan'i cal llame Common l'lat,;e Si ze* 4%^ b -lo Quani ty It I | ,/',t 9",L/Qcze ftmc^^ t Glua l_._.T-]r-- r0 j@-- for coni fers. (over ) lit\re - *Indicate cal iper for deciducious trees.I'rdicate lreight ,L 4tL -3I- 4/ ^5L0 , E'd 4r Quani ty I I 4 L -? rl tl Square Footage gtaus-ug4u/tto c':wug qblw?re Yileerdp\srl "hlU trr"af pkdrb&L"," )eaua^ap**tt, !v. dwol PLANT }IATERIALS: (con't) SIIRUBS EXISTING SHRUBS TO BE REMOVED GROUND COVERS s0D Bohrirical Nanre Cr-'rrunon Name Type SEED TYPE OF IRRIGATION ,l TYPE 0R METHoD Or ll,tlt'tlJJ. EROSION CONTROL C. 0TIIERTLANOSCAPE FEATURIS (retaining vlrlls, fcnces, swimtning poo]s,etc. )specif 8fth( or q\uo $a[q to^. Pl ease e UTILITY I.,OC.\TION VIRIFICATION SUBDIVISION Lor laZ Br,c(-K FTI,INf,; xonrcss- ll7 I #gntq,9v+V,V-' The location of r"rtilitics, whether they be main trunk lines or proposed lines, mrrst be al,proved and vcr.ificd by thc following utilities for the acconpany ing s itc plan. Arrthorized Siqnature Da te z-D: Public Service Cornpany Gary tla11 Holy Cross Electric Assoc. Ted Husky/lrljchael Laverty Vail Cable T.V. ^; -. '}'|r-,-<barv Jonnson . ^- 6( Vc 'lt'fitatf Upper Eagle Vai icy Water and Sanitation Discrict David Krenek Mountain Bel I 1-634-3778 lao 17*\LIT" l,lestern Slope'Gas Harry Moyes C lt )l * For nel !?V:Sj.please fi attached a/4n 4/,, NOTE: These verifications do noL relieve the contractor of his responsibility to obtain a street cut pcrlnit frorn the Town of VaiI, IJcpaltntcnt of Public Works and to obtain utility locations b':fore digging in any public right- of-way or casenrcnt in thc Torvn of Vail. 4 building perrnit is not a :: t1'o'-'i cut perilrit obta ined s cparat e ly. A street cut permit must be This form i-s to vcr.ifl -;crvice availabl ity and locat j.on. This -shoul.l 1,,e used in conjunction with preparing your uti I it.," plln and schedul itrg installations. 75 soulh fronlage road vail, colorado 81657 (303) 479,2138 (303) 4792139 oftice of community developmenl December 28, 1989 Mr. Sidney Schultz L43 East Meadow Drive Vai1, Colorado 8L657 Re: Anderson Residence, Lots 1 and 2, Block 1, Lionsridge #4 Dear Sid: To confirm our phone conversation of December 20, we will need an appllcation to vacate the lot line between the two lots above. This would entail a minor subdivision review by the Planning and Envj.ronmental Commj-ssion before a review by the Design Review Board. In addition, the following are needed: 1. An average of the slope beneath the proposed structures and the parki-ng area with cross sections. 2. A signature of the owner on the DRB applicatj.on or a letter fron the owner. 3. Make certain that wall heights within the front setback do not exceed 6 feei-'. We wilt schedule the minor subdivision with the PJ-anning Conmission as soon as we have received a complete application 'It is possible that we could determine the DRB date at that time, providing that we have received the above information. rf you have any questj-ons, please feel free to caII me. Plannincr Technician December 21, 1989 City of Vail Vail, Colorado Gentlemen: I acknowledge that my lots on sandstone Drive lie in a rockfall area. I have read the roport of the surveyor about that situation. I assume full responsibility for the situation. Sincerely,W* /lm STATE OF COLORADO COUNTY OF DENVER ) ) ss. ) Subscribed and sworn to before me this 2lst day of December, 1989. Notary Public 681 East Bates Avenue Englewood, CO 801 l0 My commission expires: F-zo-gt ddress: ARTHUR I.I\iEAt{S, P.E.. INC. Natural Hazardc Consulbnts 222 Fast C,ahic Ave. Gunnimn, (illorado 81 230 301 - 641.12i6 December 5, l9B9 Sidney Schulte - Architect 14I E. Meadow Drive Vai1, cO 81657 Dear Mr Schu 1{, z : Aval anclte-c-ontro I elrgineer At your request, I conducted a "s;ite-speclfic"- invest.ilJar t.ic,n I'f geoiogic-haiar-4 poteptial at Lots 1 an4 2, BIock 1, Licrtr's Il.i.dgr' Suuaiiision ri l ing 4 , on L.rec:enrher 1 , 1989. The purposc of . llt] :site st.ucly was to- determjne tIe extent and severity of rackf a1i hazard, jnd to cl etermine vrliat nitigaLiorl would be reqttir:ed' if any. Lots 1 ancl 2 lie nros t- ly wi t-hin a "nloderat.e severi.t.y" rockfall area, as intlicated on rockfalI maps Lrrepare(l for the Town cf vail' in 1984. Tlre site ir; rrot inc'tjcatc'd on Vail tnaps as Iying withjn debris fI9w, till')r:,i s av1.l ;rtrche, or snow ava lanche areas' Furthermore, t lr j s s.i.t-e-speci f i.c analysis j.ndicates that Lots l and 2 are also f reer of rockfall hazard- The r:easons for this conclusion are I i st.'cl I'el orv 1. No si<Jrri-[.icant rockf al] sorrrce areas (c1ose1y- joi nted beilr--oc]: ()rrt(:r()1,); eroding surf icia I materia I ; etc. ) are locate(l a!,.)',rc l,ot:s 1 and 2. 2. lJo evi.<lenc:e f or l:ocl: l-al' I could be f ound on I'ots I ancl 2. Tlte largc r-1t:;rrr.i t e anC sandstone boulders on th(+ upper edge of t.ht' ictr; ldere evidently pushed into place during construcl- j ol't r,rf Sand:itone Drive. 3. Minor rc'cl<f aI1 hazard cxisi Ls on the steep slopes nor:tl-r of Sarrdst.<;ne- Dr:ivel l-.,ltt any minor rockfall event's wor_rId consi s;t crl. smal l rocks which would be stopped l-'y the road c:ttt lref or:e reaching Lots 1 and 2' Becarlse Lots I and 2 etre, irr ny opjnion, located south (dc-rvinhill ) of the rockfall ltazar{ area, mitigatiqn fox rockfall will not be requir:ed at this sj,te. Please contact me if you have any questions. (uA l'.t1 . Ilots Wulinc . Auhmcher ' Amlonche ContmlEnglncalng I 75 south |tonlago road vail, colorodo 81657 (303) 4792138 (303) 479-2139 July 11, l-989 otfice ol community development Don and Ed GruldeL 7352 Meadow Court Boulder, Colorado 80301 Re: Lot 1, Block 1, Lionsridge Filing No. Four Dear Don and Ed, You have asked for a final certificate of occupancy for the above property. Joe Norris, our building inspector and I inspected the property and noted that you have not done any revegetation on quite large portion of the lot. He indicated that he told you about this you said that you could not get any water over there. what you nust is revegetate all areas disturbed by your construction. You are responsible for covering ttre disturbed areas with a mesh to protect seed. You are also responsibl.e for watering the seeded areas. a and do the We will not be able to issue your final certificate of occupancy until the re-seeding and the natting are in place. ' If you have any questions, please feel free to call-. Sincerely, &b., Br,a*/ Betsy Rosolack Planning Technician BR: Ir |; ) l,hilt:[r SCHEDULE A Order Number: .i ,l I .l I , / r' Elleclivo dalo: lir.,[,] ,rrrrlr|r '/.4, |']lt/ nI {l:tlO I\' 2. Pollcy or Policles lo be lssued: A. ALTA Owncr's Pollcy Propossd Insured: ll()flhillil' ll. ltt':lllrAl'1, B. ALTA Loan Pollcy Proposed Insured: r:ollltlil,l(lIAl, l"l'il)l':ll/\1, sA\/lN(::i Atll) l'()/\lt c. AS5(X:l.A'l'l ()ll , Alll r/ ()tl Al;ll | (it'l:i t,t)'l's I Allll ,l Br,0(:l( | t,I()ll' li R l rIil.; l;llltl)lu1 1; 1r.tl'l fril,lll(; N0. 4 Ar:t:r'rrtl i rrg ltr Ilt(' t.r'r:ut rlcrl [rlitl Ilrt't t't'l llook t(l{r itl. }'ngr' 4 L I ir:i tlc<.1r.'lrl iritt ll<t' r.'0uN',l'v (!1" l,;A(;l,l'i S.l,A,t'li: (rl,' (llrl,f rllAlXl 1.,,('nt.<lr.rrl 1\rtgttl'1. I, ltlllO lll ',,,11 ,t l')4 . sa'EwAftT a'ra'r.,lt GUARANTY COT''ANT o Commllment Number: Amount ol In3ulance $ H5, (tOO. OO 'l'i-r rl {.'t't l. 'i {rll, (r(l(}. (,o $ l't r ur i ' ".,1 r,{t . , rr() ' ' 3. Thq estate or interesl in the land (tescribed or fel€rred to ln thls commihnent and covered herein is leo simplo and tills thersto ls at lhs ellsctive dale horsol v€sled In: t'r.rl'1111,:lll 'lAl, l"l':l rl lllAl, tii'.Vltl(:ll /\f'llr l,{rAl'l Atil;('(111"1'lttll , l"(tlllll:illl'y lilll)l"lll ^s.|.1 |l': t,l| It '||l|,; :;/\\i'| ll(ili, ll|'| 1|,1 ll}|(; AN|| l,(l'A|.| /\lili(l(:IIt'|.1()N ,1. The land relered to In thls commitment ls d€scribed as tollows: F'r-i1{ lJtll::11'l'ttrtlll lll,;tlAl{lrlN(i 'llllli (:olllll'l1ll;llJil'trl ,l'iAlil:l (:Al'l' l'lf!l)A lIll'l 'liilI l\'t' t(l l-(14'l- l(lll. $'l't:l'lAR'l"l'l'l't.l': lrl" I'il\(ll,l:i (;()lll'l'.1'Y P. (). ll();il | ;14 tl LlATl,, (:(rl,0tlAtro {llt,htl r652 (2sM 3/86) Page 2 ) t. { SCHEDULEB-Sectlonl Order Number:Commitmenl Number: .14{;tl \/ Requirements The following ate lhe requiremenls to be complied with: Itern (al payrnert lo or tor the accoupl ot lhe grantors or morlgagors ol the full consideralion for ths sslal€ or intetesl to be insured. Item (b) propcr instrutnent(s) creating lhe estate or interest lo be insur€d must be exsculed and duly filsd lor recotd' to wit: l;ixt.r:Ltl. irr ol ;rl I irl.'tvil ,' i l(' lr,rl'l li rrrr,l .l ,it.tut ;rttrl i. l.:i t.rll.ttt.tr l.rr SLewar'1, illtl, lr' (lt1;1 1.;q1111l (.lttltt1xt1ly, l,lxeetrt.ir,lr trf I'r't. ltlir:rtt.i<-rtt l'irt il.y 'l'r;ttrli{or.r'r /ltrtl ivi<ltt;tl '['t'arui.l (,i rrt' ilrrt i I l; t. el,ttt tr Lo l.lr i r; rrl I it:t" l.lrrirletrcr ,;:1l.ir;1,1r'lor.y l.i, Iil.t'r,r,rt | 'l'il. lr' (irt,rt''rtrl.y (.lttttllritttjr l.lr;tl t lrc roit | (,filirl r' I t.rlrr:l,rr 1,,:tx ;tl;';r'l;l;t:rl lri' t.lrc lltrr'.rtt rll VA 11, lr;r'; 116'911 1r;1 irl op I lrrrl. l.-lrc l.l;tttr;;rt:1..i ott il; r';<t'ttt1rl., l l.t'rlt '.;;t i(l I lll . ll(rl(.ili{r lry l.ltr'}'rr1,lrr.'l't ltil.{rc (rl I'i;rUlr: rlr,rttrl y rrf llrr'l)r'r'rl r'l 'l'1'rttl ltr'rtt ,lr:ll-1r'y ll, lic'll'y lr't' Ilrr: llf;r' r'l 'l'lrt l'irrf ir(' :iilltittUri' tlr-t i l<l .i rrg r;1s,1 l,or1;s i\,rir'1,f i;ll.il)tt ll ';t'r'ill t' ':"/1,/,.ilr(1 . ()(l tl;r l'<.'rl ,tirlttary Z(), l'r 4 I(!(:(rr,rl('(t (lit1rtir1.y -ll, l:lll'l ilt llooll ,l /1 ,rl. I'irgt' ri82 iri f{er:n1rl. i otr llr ', '2'I ..llltl4 . (fr,t l-il i r:itl,r' of llitl.il;f fl<ll. i11tt ili':rtt'rl l,y l.lrt' (llr'1.'11 1,1 llt<t Oottt'l', ,-rf jrrrf<.;r:rnt'trl: ir lrtv(rl ttl ll,!l l,'|tri.t:t' ;l9r:r tttt;l- ,lr-rl tr:t:y ll- iir'l.lry atttl ,l(lhtt l,llrrrr. lr: ;rnrl Al lrltr (irt-lil.r'lrl'rrl 9(rl , itr l.lrtr ilttl(tittll. (il {r 425r'll l.{r(,r [rlrtli t:trtll L t:ttlil.ll, .'ltl-tll t'tl rrlt l''t'lrl.tlilli] l,'., Illtl{r itt r-'.i.v i l Ar--l.. iorr llr,. I ll(' lrlr;l21ll) l),,rrt/r.r' (itr11111;y, ltitlt!:r:l il'l- r'f trlrit.lr r,ra s t'(l(:()L'tlr"l ,lttl1 ,lll, l:ltl(, itr llt,r'lt 'l 4\ ill l':tgrl (l l',1 irl; lltrr:r'l'l' iOtr N<t. f4'lIhfr. l)rlcrl l'r()nl \r('til.Ftl ourl 11'1', (rt'r;l irrg lle li i.nlltlr' lillr: itt lrttt.'r.h;rrrr.r (ri). tl(l1l'l'i : l'l(l'l'A'l'lON (ll.' 'llll': 1,]'t:Al, Alll )lll':!'l; ()1" 'l'l lli i:HAN,t,t::1,: llr tli,l,A1,l,t,:Alt ()N,l,l ll.i t)l.il{D Al;1,1,iil l(r/(, Alll,:il1)}tl,:il,t,'t'() s'I'ATil'l:t,l ()N lll{(:oHlltl(l l)1" ltl'il{l )li /:l (:R!l l{l:t\l()1t (2). lk,r.rl rrl 'l'r'rrsl I r. orrr l.lre ll,r I'r 'trrlr l.rr l.lr<' t'r tlrl i(' 'l't tllil.(r(: lol [.lrr' tttie (rl l.lr| 1'r (rf)()li|tl lt'tttlr''r' 1..) l;t:l:tlt t: llre l illt. 4. 5. 6. 7 S'I'I}\AIA[TT A'ITLII GUABANTY COIIIANY 1653 (25M 3/B6l Page 3 1 . Rights or clairns ot parties in possession not shown by the public records 2. Easements, or claints ol easements, not shown by the public records' 3. Discrepancies. conflicts in boundary lines, shortage in area, encroachments' and any lacls which a cortect survey and insl)ection of llre prenrises would clisclose an<J which are not shown by lhe public records' 4. Any lierr, or n(rlrl lo a lien, lor services, labor or materinl heretolore or l)creafter furnished, imposed by law and not sltowtt by lhe public records 5. Deletts, trerrs, eirrcunrbrarrces, arjverse clairns or olher nraltors, il any, created, lirst appearing in llte public records <x attaching subsequent lo the ellective date hereof but prior to the date the proposed insured acrluires of record for value the eslale or interest or mortgage thereon covered by this Commitment' 6. Any arrtl ;r l J ttrrpn i<l l lr rel; illl([ il{;l;frl',:iltt('ltl.:i ;rrtrl itlry ltrlr otlcttttt(:tl bar t;a I er; . 7. 'l.lte-. ef I er:1. {)[ i nf. lllti ionr.r i rt ;rtry gr:rtt't iL | (rt r.i[)c(' i I i<: w:ll *tr corllier ltilllcy, I I rt' Irrol:e(:t' i(rtr. i;tti l (:clltt:ervfll i (rf t or ot'll('r' <list,r f ct. nr irtclrrrrlort Itt irrly l't'rLer r;ervit:(t or !il'r(:e[' ltnprr:tveme'tll, ;[?. (l'-l .'- {1 . Riglrt. .1[ lra] l(|r" rl i l:611p..; ,',, r'irttit ltl (:()llril.l'ttt't.+'rl lry l fre.;rrtl tl()r il1' of l:he Ilrri l.r,rl I,!t-irt r.r, ;rl; r'erl{,r'uetl iy1 llrril.crl lil.irl.t:r Pit l.t'rtl.: L('t]tIttIt'tI Au<-;rrsl,'l 6, t1f(lq irr llooll 4ll ;rl ltitge I'r4)i ' r.). Rigttt ol lrt'(rIrl J pl..rrt' ()f ,'r 't('l tl {rl' lc'r"le Lcl r:xl'r'ltcl' iltltl rltttttvr' lri': 131.qj lll(ltef Ir(r1t litrr,rrltI l:tler l.lirtrrr'. 1r(! f lttrtrJ l rr 1'e11€, 1ral,e dl iltl ttrl;r"'l l-lrr.- [,rcmI$e$ itir t'(rr.tcrverl Ill lfll i l:nrl iil,irt t'rl; ['itl-(rrll' nl rct'ortI itr insl.rtttnettl' 1"1''L;1rt'der[ Atlrlttrrl 16, lq(l(l itt lloulr 4tt rr't' Page 547' lO. l{ighL ol v.ray f(.rr (l iLcltcri i11tlt r:irn4 ltj r:otttrl..t'rt(:t;ed lry l.he itttLhtrrily rrf'|;lre lttri|'et<l lit,nt'cl i1n(t riglrt, rrf.'Jay frit.iIlI ex'iIil..illg rtiirt|, llt-itr''1 4() l.nr.L irr wirll:lr !r.rnl.e(t l:o [.lre l"lugl+: {lr-'tttrl.y Boirrtl of (fotntni!ii;it'trt'r:; ilrl retierved itt PaIqrrL re(:()r(le(l ,ltt ly 2 / . l.1l l9 irr t]ook 2llIl ttl' lJttUc' Bl-15 arr tlecepl,i<rn ftlo, ttl\28'/. 1.1. Hestrict,irztr r-'ctvrltt;tttl.tl wlriclr <lrt rl<rl r'otll...'l ilr n f ('t'l ci['tlr'(t ot tr'rrrrt'lt t' c1.artse, clr.rrrl:;t.it1e<l i1 i n$l.rt.rtrtetrrl, r'e,'.ir(l(:(l Iiclrllontlrttr' 2(t, l(l l')' ill Ilo(r11 22\ ;tl. t)Age 4 4'l ;rrrtt i rttil.rr.rmerrt. rtrf:r,t ,16'11 1i61rl.r'ntlrtlr 2(l r ltl'/'), ;11 lt' rr rlr 225 at Pagc b('er 'rtttl l-htt Amcrt<lmerlL r ccoi(lerl itt Hool< 2:l1l 'll' F';trJ'l rj3 antl in l.)e<:.[ar;ll intr r t't:(rrt]t'tt irt lto<rlt {(l() ilL P;r9r': '/hll illl(l / rJt (1( "r rl" i lloolr 30(l :rL, lr;rgf, -/rtfl irrrrl r(.recrtrrle<t i rr llr)olt '.1()l a l: P;rgo 4 | 5, l.Z. Ul.llIl.y r.'; i,,nr(.nl.r. 'l() lert,t. iu tJi(lLh, l0 lrlr'[: t)lr (:;r(fll t;itlc rrl irll i.trl,rtriirr. lrrl, I i1(,r't ;rlrcl ;r lh lorrl. llt i I il.y 1';lSeln('Irl. it lt'trrJ lrtrtl abrtht, irrg <-rn irlJ (lxlter iol:' l()L lineti ,rl: t.c:i.'r\/(t(l lrrr l.[r0 Pl;rll; l(|t Ll()n' li Ridgt-' Srtl'tl i vi.r:l otr, 1" i I i rr9 Ncr. 'l . 13, llt:sl.rit:1 i.,re (lotrertarlt;l; I vJt)Ich rto nnt' r'(rlrl.ritr it Iorf eiltlrt' rtr' rev(lrt;r'r c lillls(', illi conl..rinett irt i rtl;t;r':r ttnt'ttl' t ec(lr(led Attgtts:l' !iqlt-' (irrrtt. i nr.taL intr Pirgc Order Number:l46fl-\/ The I nlicy or policies to be issued will contain satisfaction of the ComPanY: are hereby omitted. Commitment Number: exceptions to the lollowing unless the same are disposed ol to the SCHEoULEB-Section2 Exceptions sa'IlwA'f,la' a'rTl-ltr OUAN,ANTY COI{?AIVI' , Exceplions numbeted l6sil (2oM 6185) Pago 4 CONTINUATION SHEET SCI-IEDULE -lL Se('tr i ltr 2 Order Number:r4(ifl"\/Commilmenl Nttnttrer: s'l'rrwA l{'l"l' r Tr, l t GUAf,ANTY COII ?ANY J, .l.r-ftt(, i ll<rrrl: l{}f, ;rl. l,it9t, 4 l(} ilti ;tnt|trd(lrl l'y irtlil r- tttttt'trl l1''1'1;1rl il Novetttlrlr ',1(,, | (lB(l i tt llooll J | 't ;r l' l':t9r' tl 24 ' I{, lli ieru<'rrl ;111r1 I i.1lrl "t (ray ut;tttlt:tl l:(| ll(llir (lt l;:; I'i lr:t:l t it' Ar;'rlr'i11l i"rr' Irr,:. , t t'r'nrrit'tt tirt'.J'r'rl ltl; ltt rq itr llr'r'll 'ltlr:l ;rl lragrr 9tlll ' lt,.l': ttnro('lll.1l'nlll('rllr"ltll(ty/\llri()r'i;tl'r''t:,1'lrl''lr'|(r('rttt't111;lrllrl(l' 11180 irt lio.)k t{}(r ir I I'irUC| 7(r(} ' It',, Agt'r.r,nlc1l lr..l . t".'ll 'l'r1",'1' I l'lrr'.r i t t'ttntt'ttl 't I l';1trrl l'1r1p1r"lrly illr'l llrrttttl ;r t lr sl :tl{,ri rl,ar lr,l,lt.ftt(r ,rrr,l 'l't,lr.r1r ;1;.,lr f intttlritttr' lil lr;.i rlirr9 f 1rr 'l't l r'1.'l rt'rtt' itrsl;rllirt,ihrr ;'.rrl ,.;.r,,ir-r: l.lrr r,rrUlr('tri. t,i,,r1".: ll.i.rlgrt Iirtlrtl i\rr j;ir'lr, [.i] irrJ l,lrr. ., t..\t,t,r,lcrl lir,1,l.r.rnlroi 2'1, l1l/'.1 iLr ll.olt 7.ll ;ll l'ilur' :191. 17, |,:itFf.||llf,l|| ti ;lri Ii||(lwtl ..11 i-lrt, 1r|;tl. rr| |.ir.rr'rl lIi<|ge ].itrlrrI irri!;ir,tt |.'i I i||1J tlo. 4 ' Page _ _ oo55 t50f\4 0 871 o ASS rGt.il'tDuT nOR AllD tll COIISID!:RATI0N OF bhc surn of frrrt Dollars and otlter good arrd valua)-rle consideraLion Le ROllERf I't, KtrNl)ALr, of the CorrrrLy of Iiagle I $L.tte of Colorado (rrAssignor " ) , in hancl t)aid by TODGER ANf-)nRSOl{ of t.lre CorrnLy of Arapahoe, SLate of Colorado (rrAssignee" ), l:he receipt: and srrf f iciency of ryhiclr is hcreby acknouledgedl l-he Asslgnor does heueby ttssign, tratrsfer artd con-vey to the Asslgneer lrig heirs' executors' administratorst successors ancl assignsr all of bhe Assignsrrg right' bitle and int.erest in alrd to tirsg certain Contract To Buy And Sell Real Estater dated August 28, 1987, betvreerr Empire Savings, Building & I/oan Associationr de s€ll€r, and l.he Assignor, as purchaser; for the following described propertyr Lot I and Lot 2, Block 1, l,ionsridge Subdivi-' sion1 FiIing No, 4, Town of Vall, Count.y of EagIe, St.ate of Colorado, The rvibhin AselgnmelrL ie made by t,he Assignor for hirnself, his helrg, executors, aclmlnlstratorsr successors and assigns,. The Assignor, by lrls acceptance of the within Assignrnent, agrees to arrd ehal} dlsclrarge any and a1I obligations of the Assignor under suclr cont.ract and lndernnl fy and hold trarlnless the Assignor f rorn any and all clairns, demands; damagesr Iiabtlities and expengea thereunder. STATE OF COLORADO COUNTY OF EAGLE The above and foregolng Assignnrent duly ackngwledged before ne' a Nobary Publlc, by RoberL !t. Kendallr this /'{r'7_ day oE Septenb.ep r 1987, 3.a lliEness my lrand and offlclal seal. )) 6s. ) KENDALL, Accepteg And Aqreed Tot RreH kelton/ga?ton/kendall L.l 6ltlt inlc. adJ d.s1,'nr'.nl October 10, 1987 l.'lr. 'f odger Atlclers on 6 Soutll Lane Engl-ewood, CO 80110 Dear l'odger: Enclosed fin<l the comtnitntent for title insttrance and a copy of the plat for your transaction in Lionsr:idge. I)Iease no Le that l-he conrlnitment has Iny narne as insurerl . Please send a copy of the ass j-gnment of nry irr terest in tlre contract to you so that I rnay provi<le j. t t, r; S tcw+rt Ti t le to endorse the policy to You. 9f.qr.rry,'V/tf((/an% no{ert M. Kendall RMK: dyb Enclosure 280 anrDGE STnEEI VAIL, COLORADO 816s7 ' TELEPHONE (3031 476'2466