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Home My WebLink AboutDocuments - 1980-2000g iqhorc\ j"\ AAA'*ron G\K j /"1 3 ) TOWN OFVATI 75 South Frontage Road VaiL Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.us Department of C ommunity Development ott November 27,2000 Mr. Robert Nikkel Diamond-Vail Homes 41 01 Mount Vernon Court Fort Collins, CO 80525 Re: 4355 Bighorn Road / Lot 3, Block 3, Bighorn f 4ddltlon Dear Robert: At its November l"tmeeling, the Town of Vail Design Review Board (DRB) approved the above-referenced application with the following conditions 1. That all Planning and Public Works issues are addressed. 2. That the middle windows over the entry be broken into 3 separate panes. I have received commenls from the Town's Public Works Department. Please revise your drawings in accordance with the following Public Works'comments prior to your submittal for building permit. ' Please provide a PE-stamped detail for the combination retaining wall in the rear. ' The retaining wall for the tree well in the front needs "top of wall" and "bottom of wall" elevalions; if it will be over 4' in height, a PE stamp will be needed. . Grades at the rear of lhe house and at the east and west of the house do not meel 2:1. Please adjust and revise. ' Erosion conlrol will be necessary. Please show sill lencing and haybale dykes in the disturbed ditch. lf you would like to discuss this matter in greater detail, please do not hesitate to contact me at (970) 479-2140. Sincerely, Brent Wilson, AICP Planner ll {S *"o.uor^r", o fll.t chPr l2:00 pm DESIGN REVIEW BOARD AGENDA Wednesday, November 1, 2000 3:00 P.M. MEETING RESULTS PROJECT ORIENTATION / LUNCH - Community Development Elepartment MEMBERS PRESENT Bill Pierce Hans Woldrich Melissa Greenauer Andy Blumetti SITE VISITS MEMBERS ABSENT Clark Briltain 2:00 pm 1. 2. J. 4. Driver: Anderson residence - 5106 Black Gore Drive West Vail Texaco - 2313 N. Frontage Rd. West Sun Vail Condos - 201 Gore Creek Drive Villa Valhalla - 364 Gore Creek Drive PUBLIC HEARING - TOWN COUNCIL CHAMBERS 1. Geneva 1 Project - Final review of proposed single-family residence. 4355 Bighom Road/Lot 3, Block 3, Bighorn 3'Addition. Applicant: Bill Bolden, represented by Robert Nikkel MOTION: Melissa Greenauer SECOND: Andy Blumetti VOTE; 4-0 APPROVED WITH 2 CONDITIONS: 1. That all Planning and Public Works issues are addressed. 2. That middle windows over the entry be broken into 3 separate panes. 2. Ski Club Vail - Final review of a proposed redevelopment plan. 598 Vail Valley Drive/Tract B, Vail Village Filing 7. Applicant: Ski Club Vail, represented by Snowdon and Hopkins MOTION: Melissa Greenauer SECOND: Hans Woldrich VOTE:4-0 APPROVED WITH 1 GONDITION: 3:00 pm BrenVAllison BrenVAllison 1. That all Public Works issues be resolved. 3. West Vail Texaco - Final review of a proposed soil contamination remediation shed. 2313 N. Froniage Rd. WesUTract B, Vail das Schone 1o Filing. Applicant: West Vail Texaco, represented by Dick Dilling Birl MOTION: Melissa Greenauer SECOND: Hans Woldrich VOTE: 4-0 APPROVED WITH 3 CONDITIONS: 1. That lhe shed paint match the dark gray of the existing building.2. That the roof be asphalt shingles to match the existing building.3. That the trash enclosure be painted on the inside and outside to Match the dark gray on lhe existing building. 4. Sun Vail Condos - Final review of proposed color change. Allison 605-685 N. Frontage Rd. West, Phases l-V/Sun Vail Condos, Vail potato patch. Applicant: Sun Vail Condos. represented by Ron Diehl MOTION: Melissa Greenauer SECOND: Andy Blumetti VOTE: 4-0 DENIED 5. Villa Valhalla - conceptual review of a proposed exterior remodel. Allrson 364 Gore Creek Drive/Kit J, block 5A, Vail Village 5'n Filing.Applicant: Villa Valhalla Condo Assoc., represented by Gwathmey Pratt Schultz CONCEPTUAL - NO VOTE 6. Anderson residence - Final review of a hot tub enclosure. 5106 Black Gore Driveilot 1, Block 1. Gore Creek Subdivision.Applicant: Lori Anderson MOTION: Melissa creenauer SECOND: Hans Woldrich VOTE: 4-0 APPROVED WITH 3 CONDITIONS: 1. That the enclosure be painted or stained to malch the house.2. That an additional extension be added to make it U-shaped; not L-shaped.3. That five 6'-8' evergreen trees be planted to provide screening. Staff Aoorovals Shaper residence - Replace sod roofwith cedar shakes. Judy 2645 Bald Mounlain Road/Lot 10, Block 1, Vail Village 13'" Filing. Applicant: Stephen & Sue Z. Shaper FirstBank Building - Parking lot improvements. Allison 2271 N. Frontage Road WesVLot 1, Vail das Schone Filing 1.Applicant: FirstBank of Vail Bolin residence - Add palio stairs. Ann 1017 Ptarmigan Road/Lot 1, Block 5, Vail Village Filing 7. Applicant: Ann Kjerulf Valleau residence - Move spruce and increase screening to house. Allison 4839 Meadow Drive/Lot '17, Block 5, Bighorn 5'n Addition. Applicant: Katherine C. & Robert T. Valleau Arosa/Garmisch Park - Change in lighting at park. Allison Intersection of Arosa/Garmisch. Applicant: Town of Vail Bitl Agneberg residence - lnterior conversion. Allison 1090 Vail View Drive/Lot B-1, Telemark Townhouse.Applicant: Larry Agneberg Breeze Ski Rental - Oval logo on awning. Bill 684 W. Lionshead Circle/Lot 8, MontanerosApplicant: Intrawest Retail Group Snyder residence - Excavate crawlspace and pour slab. Allison 4420 Glen Falls Lane/Lot 10. Forest Glen Subdivision.Applicant: Nanry Cobum Snyder Veitch residence - Bay window addition. Ann 4500 Meadow Drive, Unit 4O3/Timber Falls Condos.Applicant: Sally L Veitch Arosa/Garmisch Employee Housing - change in decks on units 1 and 6. Allison 2477,2485, 2487, 2497 Garmisch/Lots 1-4, Block H, Vait das Schone 2nd Filing.Applicant: Town of Vail stevenson residence - Resurface and add patios, walkways, relocale hot tub. Bill 3897 B Lupine Drive/Lot 48, Bighom l"tAddition.Applicant: Maureen M. Stevenson Kirby residence - Modify existing sky light and install chimney cap. Judy 217 Rockledge/Lot 13, Block 7, VailVillage 1$ Filing.Applicant Steven Kirby The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please crrll 47*2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing lmpaired, for information. TOWN OF VAIL Department of Community Deve lopment 75 South Frontage Road Vail, Colorado 81657 970-479-2 r 38 FAX 970-479-2452 oe October 27,2000 Mr. Robert Nikkel Diamond-Vail Homes 4101 Mount Vernon Court Fort Collins, CO 80525 Re: 4355 Bighorn Road / Lot 3, Block 3, Bighorn f laaition Dear Robert: At its October 18rh meeting, the Town of Vail Design Review Board (DRB) conceptually reviewed the above-referenced applicalion. The following is a synopsis of lheir commenls: . The changes made thus far work quite well. . Please consider an east-west primary roof ridge alignment. . The flat-roofed portion of the home above the entry feature is a singular, unique element and it does not meld well with the other roof forms on the olans. Please consider tying the roof forms that converge al this location together for more consistency. The configuration of the ridges works well on the rear elevation; please consider a similar application at the fronl elevation. Please submit revised plans at least 3 days prior to your anticipaled final DRB review date (November 1, 2000). lf you would like lo discuss this matter in greater detail, please do not hesitate to contact me at (970) 479-2140. Sincerely, 9-.-,(- Lr/-.- Brent Wilson, AICP Planner ll {; *"n*ornrt* oo *m Design Review Acti orm TOWN OF VA Project Name: GENEVA ONE DRB Number: DRB000054 Project Description: NEW SFR Participants: OWNER GENEVA CO. INC. Lt/06/2000 Phone: 141.80 E BETIEI{OOD DR AURORA CO 8 0 01-5 Appt ICANT GENEVA CO. INc. 1_\/06/2000 phone: Project Address: 4355 BIGHORN RDVAIL Location: Legal Descripuon: Lot 3 Block 3 SuMivision: BIGHORN 3RDADDITION Parcel Numbec 2loll22l2oo7 Comments: BOARD/STAFF ACTION Motion By: MELISSA GREENAUER Action: APPROVED SCCOnd BY: ANDYBLT]METTI vote: 4-0 Date of Approval: ll/0612000 Conditions: Cond: 8 No changes to these plans may be made without the written consent of Town of Vail staff and/or the Desip Review Board. Cond:CON0004460 ALL ZONING AND PUBLIC WORKS ISSUES MUST BE RESOLVED PRIOR TO BUILDING PERMIT ISSI Cond: CON0004461 THE MIDDLE WINDOWS OVER THE ENTRY MUST BE BROKEN INTO THREE SEPARATE PANES. Planner: BrentWilson DRB Fee Paid: $200.00 t onF IL T \ '..,- " lr-{e \.b.ta a TOWN OFIL Department ol 75 South Yail. Colorado I 657 Development Road Octoher 5, 2000 Mr. Hobert Nikkel Diambnd-Vail Homes 4101 Mounl Vernon Court Fort Collins, CO 80525 Re: 4355 Bighorn Road / Lot S, Block 3, Bighorn { Addition Dear Robert: At its October 4m meeting, the Town of Vail Design Review Board (DRB) conceptually reviewed the above-referenced applicalion. The following is a synopsis of their comments: . The flat-roofed portion of the home above the entry feature is a singular, unique element and it does not meld well with the other roof forms on the plans. Please consider tying the roof forms that converge at this location together for more consistency. The configuration of the ridges works well on the rear elevation; please consider a similar application at the front elevation. ' The board and batten treatment is consistent with Vail's design guidelines and it works well for the balcony areas. However, for the portions of the band that are flush againsl the exterior walls, please consider the use of a floor-level "belly band' at 10"- 12" in width. After a detailed review of the decorative elements proposed, the DRB recommends elimination ol these elements. Please submit revised plans at least 3 days prior to your anticipated final DRB review date (October 18, 2000), lf you would like to discuss this matter in greater detail, please do not hesitate to contact me at (970) 479-2i40. Sincerely, Br-r'- ("/- Brent Wilson, AICP Planner ll 970-479-2138 i FAX 970-47s-24Jp www,ci.vail.co.usl {p *"n""o '^'"* o Ftlt coPy Department of Community Development 75 South Frontage Road Vail. Colorado 81657 970-479-2138 FAX 970-479-2452 Seotember 27.2000 Mr. Robert Nikkel Diamond-Vail Homes 4101 Mount Vernon Court Fort Collins, CO 80525 Re: 4355 Bighorn Road / Lot 3, Btock 3, Bighorn { naanion Dear Robert; At its September 20'n meeting, the Town of Vail Design Review Board (DRB) conceptually reviewed the above-referenced application. The DRB advises you to continue pursuing "Option 1" with the changes listed below. . Please consider the addition of wood around the windows for a more aloine appearance. . Please consider the addition of wood braces, beams or corbels along the eaves for a more alpine appearance. . The stone al the entry feature should be carried throughout the entire enrry. ' Please consider an east-west primary roof ridge alignment. . A board and batten (with decorative elements) treatment of the proposed stucco band would be more consistenl with lhe town's desion ouidelines and Vail's mounlain character. . lt is recommended that the window above the enlry be broken up into at leasl two or three panes. Please submit revised plans at least 7 days prior to your anticipated final DRB review date. This time period is necessary to allow adequate staff review of zoning and engineering issues. lf you would like to discuss this malter in greater detail, please do not hesitate to conlact me at (970) 479-2140- {,,P u't""uo "^'"o Sincerely, 9*-r/"'2 Brent Wilson. AICP Planner ll rsi{ft 0r It{ir '\ r'^\tt.r't"ta I)epart**l rf (i*arxrnr4l, .{}e vtloprnunl i.9 .t*aI& Fro'rt{:gd ,torrr1 titi f , (.' *l*rudc,\ I rt i 7 t;7$-'t79-2I3{f r;ax 97ts-,t7y-2432 r+lr,u'. ai. rrrli/. ct,r. u,t $eptember 7, 20CI0 Mr" Robert Nikkel Dinrnond*Vail Homes 4'101 Mounl Vernon Court Fort Collins, CO 8CI525 Fe.: 43$5 Bighorn Road ! Lat 3, Block 3. B,gificrn ln Addttion Dear Robert: Al its Septemb*r 6rh meeling, lhe Tcwn cf Varl Design Flevielv Board (DRB) concepiually reviewed the above-referenced application. The {ollowing is a synapsis of their cornmenls. . Please consider lhe addition r:f wood aruund lhe windolvs for a more a,Joine appearance. . The flal-roafed ponion ol the hcme above lhe enlry feature is a singular, unique elemenl and it does nal metd well wilh lhe olher rco{ fcrrns on lhe plans. Please consfier tyins the rcof fonns tlrat converge al thi6 {ocalisn together lor mor€ consistency. The configuralion of th€ ridges works rvell on the rear elevalian; please consicJer a similar application al the lront sievation. . Please consider the addilion ol wood braces ar corbels aiono ihe eaves for a mor€ alpine appearance. Please suhmit revised plan$ at least 7 days prior to yaur anlicipated tinal DRB review date. Thr$ time period is necessary to alNow adequate stafl review of zoning and engineering issr"res" lf you would like 1<: discuss lhis matter in great€r delail, please do not hesitate to contacl me at {970)479-2140. Sincerely. 8-**r ddz;".- Brent Wilson, AICP Planner ll al} tt ei . r1x.}, }!lil(.Y? ,{ Design Review Action Form TOWNOFVAIL ProjectName: MJL Development / Bighorn Falls hojectDescription: Newsingle-familyresidence Owner, Address and Phone: Michael Lauterbacho PO Box 3451' Vait CO 81657 ArchitecVContact, Address and Phone: same Project Street Address: 4355 Bighorn Road Legal Description: Lot 3, Block 3, Bighorn 3d Addition Parcel Number: Building Name: Comments: A P.E. stamped drawinq will be required for the boulder wall at buildine permit. Also, any improvdments within town right-of-way will require a revocable righf-of-way agreement. Board / Staff Action Motion by: Melissa Greenauer Action: Approved Secondedby: HansWoldrich Vote: 3-0 Conditions: Town Planner: Brent Wilson Date: llll7l99 DRB Fee he-Paid: $200 F:\EVERYONE\DRB\A?PROVAL9gUvlJL.wPD a TOWN AFVAIL Department of Communiry Develapment 75 South Frontage Road Vail. Colorado 81657 970-479-2138 FAX 970479-24s2 November 4, 1999 Michael J. Lauterbach PO Box 3451 Vail, CO 81658 Re: Lot 3, Block 3, Bighorn Third Addition Dear Michael: At their November 3'd meeting, the Town of Vail Design Review Board (DRB) conceptually reviewed the above-referenced application. Following is a brief synopsis of their comments: . "The entryway should be better defined and given a higher priority in the hierarchy of ridge features. It should be the tallest/dominant feature. In general, the front ofthe residence could use a bit more symmetry." . "Please resolve the garage issue without encroaching on the trees. There is definitely an brchitectural solution to this issue." . "The stonework could use some variation in application in order to avoid a 'dipped in stone' appearance. It is suggested that the stonework be carried across the archway at the entrance." Following are staffcomments after a preliminary review of the plans submitted: Please provide elevations for all roof ridges on your site plan. The maximum allowable building height in the Residential Cluster zone district is 33 feet. lt appears you have at least one ridge with a height of35" 5 5" Please adjust and revise. Pursuant to our conversation earlier this week, properties in this zone district do not have the ability to place a garage within the front setback without a variance. Please adjust and revise. Please provide a preliminary title report (Schedules A & B). This is necessary to verify any easements or encumbrances on the property, r,f/Plrt?t Page 1 of2 tgo*uo'^'"* o o ' Any disturbed areaVgrading must be returned to a 2:l grade. Please adjust and revise the area on the west side of the house near the driveway area. ' Please show top and bottom elevations ofproposed boulder retaining wall(s). The maximum retaining wall height is 6 feet and any walls over 4 feet in height must be approved by providing a stamped drawing from a licensed P.E. . The backout turnaround area must be at least 12 feet wide. . Please show your proposed driveway surface materials on the site plan. If you would like to discuss this project in greater detail, please contact me at 479-214O. Sincerely, Kr--r L-,i_ Brent Wilson, Planner II c: Steve Riden I Page2 of2 APPLICATION FOR PLAAINING AND ENVIRONMENTAL COMMISSION APPROVAL Qt*rl Call thc Ptanning Staff at 4?9-2138 Uo.- qq- 13 CENERAL INFORMATION this application is for any project reguiring approal by the Planning and Ewironmcntat Commission. For spccific information. scc thc stbmital rcquircrncnts for thc particular approval that is rcqucstcd Thc application can not bc acccptcd untit all rcquircd information is submitcd- The projcct may dso nccd to bc rcvicwed by Oc TqwD Council andlor thc Dcsign Ra'icw Board" A. TYPEOFAPPLICATION:. Cl Additional GRFA (250) tr Bcd and Brcaldast tr Conditional Use Pcanit tr Major or El Minor Subdivision tr Rdzoning tr - Sip Vaiancc t' Variancc tl Zoning Code Amcn&nent DESCzuPTION OF THE REQUEST:v4l 6 6P0 * /.T n''. 4l(.- Co*Sl-sg+ltr.e .<as I. LOCATTON OF PROPOSAT: LOT-3-BLOCK--3.- rnrNC ADDRESS:4Sst 0,e+/nep Rs BUILDINGNAME: Rc o TOWN OFUNL tr Amqldrncnt to an'Approvcd Dc.rclop*cotil"n tr EmployceHosiogunit(Tpq tr Major or E Minor CCI E*crior Alteration (Vail Villagp) tr Major or tr Minor CCII Extcrior Altcration (Lionshcad) tr Spccial DwclopmqrtDistricttr Majoror E MinorAmcndmcnttoanSDD (. ZONING: tSt cftoe(l D. E,NAME OF OWNER(S): MAILING /4r z t{argc t*urEAg c4 F. G. p:HoNn . 416-C714 owNER(S) STGNATURE(S) : NAME OF REPRESENTA MAILINGADDRESS: PHONE:_ FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. STJBMIT THIS APPLICATION, ALL SUBTVIIITAL REQTJIREMENTS AND TIIE FEE TO TEE DEPARTMENT OF COMMIJNTTY DEVELOPMENT, T5 SOUTII FRONTAGE ROAD, . vArL, coLoRADO t1657. For Office Use Ontv: FecP?nd. { )rd wi By: Application ,u". 7 ' tt' ? 7 pEC Mccring Date: R.6'i!!d 6'96 r o MJL DEvELoPMENT INc. POBOX345t VAIL, COLORADO 81658 oFFICE (970',)4764e44 FAX (970) 476-6e47 MOBn E Q70) 47r-1670 MEMORAI\]nIIM TO: TOWN OF VAIL C0MMUNTTY DEVf, LOPMnNT DE9qTMENT ///FROM: MICEAELJ.II\UTERBACE a'-.' DATE: JT]LY I3,I999 / \ RE; VAHAI{CE REQUEST LOT3, BLOCK3, BIGEONN THIRDADDMON AMENI}ED PLAT Pursuant to my rec€Nrt request for single-fanily residential approval at a Town of Vail Deoign Review Board meeting, the Board has required that I zubmit an application to obtain a varianen to allow the single-famity residence to be placed within the area which o<ceeds forty percert slope. Specifically, they support moving the residence to the west and allowing placement of the residence on the slope up to the 8465' coiltour which will save a number of old growth trees which are located on the east side ofthe lot in the only area which is less than forty percent slope. -rI,EASE IMTIALAND DATE EENE.-.-.__Ar{D TAX TO SENDEN, TOOOIIIIINM RE(S.IPT ITELMRY ADIIIESS: 76? FOTATO PAICE DR #5' VAIL, COI/)RADO 81657 L iLTA.OVTNER'S POLICY - 10'17-92 o 0-9993- 32[; i 8g SCHEDULE ORDER NO.: 940L0729-C3 DATE OF POI-,ICY: October 07, 1994 at POLICY NO. 1 : 37 P.M. : O-9993-328188 1. z. AMOUNT OF INSURANCE: $ 92,500.00 NAME OF TNSURED: MICHAEI, I,AUTERBACH THE ESTATE OR INTEREST rS: Fee.. Simple , TTTT.,E TO THE ESTATE OR MICHAEL I-,AUTERBACH IN THE LAND WHICH IS COVERED BY THIS POLICY INTEREST IN THE I-,,AND IS VESTED IN: 4. THE LAND REFERRED TO TN THTS POLICY TS TN THE STATE OF COI,ORADO, COUNTY OF EAGLE, AND IS DESCRIBED AS FOLLOWS: LoL 3,Block 3, BIGHORN SUBDIVISION TH]RD ADDITION AMENDED PI-,AT STEWART TITLE GUARANTY COMPANY COUNTERS IGNATURE o SCHEDULE B POLICY NO. : O-9993-328188 THIS POLICY DOES NOT INSURE AGAINST I.,OSS OR DAMAGE (AND THE COMPANY WI[,L NOT PAY COSTS, ATTORNEYS' 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 CLA]MS OF EASEMENTS, NOT SHOWN BY THE PUBI-,,TC RECORDS.3, DISCREPANCIES, CONFI-,,ICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT ST]RVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBI-,IC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAI HERETOFORE OR I{EREAFTER FURNISHED, IMPOSED BY I,AW AND NOT.SHOWN BY THE PI'BLIC RECORDS.5. .'UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTTONSIN PATENTS OR AN ACT AI]:THORIZING THE ISSUANCE THEREOF,. WATER RIGHTS CLAIMS OR TITLE TO WATER. 6. Any and all unpaid taxes and assessments and unredeemed tax sales. 7. The effect of inclusions i-n any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the aut.hority of the Un-ited States, as reserved in United States Patent of record. 9, Easements, restrictions and rights-of-ways as shown on the Plat of Bighorn Subdivision, Third Addition, Amended P1at, recorded ilune 3, L963 as Reception No. 9?51-0 and as Reception No. 98059. 10. Terms, conditions, reservations, restrictions and obligations as contained in the Protective Covenants for Bighorn SubdivisionThird Addition, recorded in Book 175 at Page 135 and in Amendment to Declaration of ProtecLive Covenants for Bighorn Subdivision, Third Addition Amended Plat, recorded Aptil 23, 1955 in Book 187 at Page 195. l-1. A ten percent non-participating royalty in and to proceeds derived from the sale of minerals, of whatsoever kind and nature, produced and mined from the said premises, as reserved to Gust KiahEipes and Eva ,1 . Kiahtipes by instrument recorded November 2, l-952 in Book 156 at Page 407, and any and all- assignments, thereof or interests therein conveyance recorded September 19, l-955 in Book 200 at Page 143 as Recept.ion No. EXCEPTIONS NUMBERED ARE HEREBY OMITTED o ATTACHED TO AND MADE A PART OF $TEWART TrTr,E GUARANTY COMPANY POLTCY NO. O-9993-3281-88 CONTINUATION OF SCHEDULE B o I2 -Lf, t6 17 18 104589. Easement for construction and maintenance of gas distribution system in roads of Bighorn Subdivision, granted to Gas Flcilities, Inc., by the instrument recorded in Book 190 at Page 405 as Reception No. l-0191-4 . l-3. Any loss or damage by reason that subject_properEy_is^vested in Miahael Lauterbach, whereas the grantor of the deed of trust insured hereunder appears as Michael ,I . Lauterbach. A Deed of Trust dated September 27, 1994, executed by Michael ,J. Lautenbach, Eo tbe Public Trustee of Eagle county, to secure an inde-btedness of $67,500.00, in favor of Todd Mi1ls Keleske recorded October 7, l-994 in Book 551 at Page 953 as Reception No.548001. A Deed of Trust dated September 27, L994, executed by Michael J. I-,auterbach, to the Public Trustee of Eagle County, Eo secure an .indebtedness of $12,500.00, in favor of Betty Luke recorded October 7, 1994 in Book 551 at Page 964 as Reception No. 548002. A Deed of Trust dated September 27, L994, executed by Michael .T. Lauterbach, to the Public Trustee of Eagle County, Eo secure an indebtedness of $12,500.00, in favor of Betty Luke recorded OcLober 7, 1,994 in Book 651- at Page 955 as Reception No. 548003. A Deed of Trust dated September 27, L994, executed by Michael ,J. Lauterbach, to the Public Trustee of Eagle County, to secure an indebtedness of $1-2,500.00, in favor of Betty Luke recorded October 7, 1994 in Book 551 at Page 954 as Reception No. 548002. A Deed of Trust dated September 27, L994, executed by Michael 'J.Lauterbach, to the Public Trustee of Eagle County, to secure an indebtedness of $12,500.00, in favor of Betty I-,uke recorded October 7, 1994 in Book 551- at Page 955 as Reception No. 548003. o LOT 3, BLOCK3, BIGAORN THIRD ADDIIION A![ENI'EI' PII\T APPLICATION TOR VARIANCE JULY 13, IED ADJACENT PROPERTY OWNERS & MAILING AI'DRESSES TFE VICTORIANS. 4415 BIGEOnN ROAD BIGEOnN X'ALr.rq TOWNHOMI'S,4:i35 SPRUCf,, WAy LOT r GARY&JAIYLYONS sl INDIAN CLOVERDRIVE wooDIr\NDS, rX 71381 LOr2 MARGODAVIS 4620 WEST PIONDVINW I'RIVE LITTLETON,CO 80123{55 LOT3 WALIER & ALICT RASMUSSEN 375 OGI'EN STREET IrElwE&co 80218 LOT4 I,OT4,WEST WANI'AI'OTY 4335 SPRUCE WAY #2 vAtr,coLo 816574t3 IroT4. NAST CEAKKO KURTIVILA fln6E JA.SII|ONAVF- AURORACO 80016 UNTT 4 STEVINLOrfUS ?220 N. 16TE STnEDT, SUrrE 1 PEOENDLAZ 85020 I]NIT 3 X'NANKMATTMWS ANNE SCtrTIITT C/OMARCUSJ. 50& S. TNANKLIN 3330 LE,ARI' EEAD I,A!{E ENGLEWOOD, CO 80110 SEDONAAZ t6336 LOTs HIGEWAYS MICEAELALIJN LOTMAN CITY & COI'NTY OTI'ENVERC/OBOAR 19tO TIGERTAIL AVT. 16MWEST I2TEAVE cocoNUT GRovn, rr, 33133-324 ITENVE& CO E0204 I O ,r,, rrEM MAY AFFEcr ror* ,O.rt PUBLIC NOTICE NOTICE lS HEHEBY GIVEN that the Planning and Environmental Commission ol the Town of Vail will hold a public hearing in accordance with Section 12-3-6 ot the Municipal Code of the Town of Vail on August 9, 1999, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a conditional use permit, to allow for the establishment of an outdoor patio dining area, located at 240 Wall Street / "One Vail Place," A portion of Block 5C, Vail Village First Filing. Applicant: Joe Joyce / Joe's Famous DeliPlanner: Allison Ochs A request for a variance from Section 12-2-2, Town of Vail Code to allow for the construction of a single-lamily residence on a slope in excess of 40o/a within the Residential Cluster zone district, located at 4355 Bighorn Boad / Lot 3, Block 3, Bighorn Third Addition. Applicant: Michael J. LauterbachPlanner: Brent Wilson A request for amendments to Title 12,Zoning with respect to Employee Housing Unit Standards, Minimum Lot Size Requirement in the Primary/Secondary and Two-Family Residential Zone Districts and Site Coverage Standards. Also, a proposal for a new zone district entitled Affordable Housing (AH) District. Applicant: Town of VailPlanner: Dominic Mauriello/George Ruther The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published July 23, 1999 in the Vail Trail. Engineering, Inc. CryIL/GEOTECHNICAL SOIL AND FOUNDATION INVESTIGATION FOR PROPOSED RESIDENCE LOT 3, BLOCK 3, BIGHORN THIRD ADDITION 4355 BIGHORN ROAD TOWN OF VAIL EAGLE COUNTY, COLORADO PROJECTNO.2OI29 AUGUST 2,2OOO PREPARED FOR: MR. ROBERT NIKKEL DIAMOND-VAIL HOMES 41OI MT. VERNON COURT FORT COLLINS, CO80525 P.O.Box2817, Edwards, CO 81632, (970) 926-9088 Tel, (970) 926-9089 Fax, E-mail: Ikpeng@snowcap'net o TABLE OF CONTENTS EXECUTIVESUMMARY ...........2 SCOPEOFSTUDY ..,.,.....2 SITEDESCRIPTION. ....... 3 PROPOSED CONSTRUCTION .... .......... 3 FIELDINVESTIGATION .....3 SUBSURFACE SOIL AND GROUNDWATER CONDITION . . . . . . . . . . . 3 FOLTNDATIONRECOMMENDATIONS ......4 SLAB CONSTRUCTION ..... 5 RETAINING WALLS ....,... 5 UNDERDRAIN SYSTEM ........... 6 SITEGRADINGANDDRAINAGE ..........6 LAWNIRRIGATION.. ......7 LIMITATION ...,.,. 7 FIGURES LOCATION SKETCH ...,..DRAMNGNO. 1 SUBSUMACEEXPLoRATIONLOGS. ..... FIGURENO's l-2 GRAIN.SIZEDISTRIBUTION ......FIGURENO.3 PERIMETERDRAIN ....,.FIGURENO.4 LKP Engineering, Inc. a EXECUTIVE SUMMARY The proposed residence should be supported with conventional type spread footings, designed for an allowable soil bearing pressure of 2500 psf. They should construct the footings on the undisturbed silty-sandy gravel to gravelly sand with cobbles and boulders. See Fo.undation Recommendations. Based on the Official Maps for the Town of Vail, Lot 3, Block 3, Bighom Third Addition, is not classified as geologically sensitive area. Geologic hazards study is outside ofour scope ofservices. SCOPE OF STUDY This report presents the results ofa subsurface Soit and Foundation Investigation for a proposed residence to be constructed on Lot 3, Block 3, Bighom Third Addition, at 4355 Bighom Road, in lhe Town of vail, Eagle county, colorado. The purpose of the subsurface soil and foundation investigation was to determine the engineering characteristics ofthe foundation soil and to provide recommendations for the foundation design, grading, and drainage. Geologic hazard studies are outside of our scope of services. o 2. LKP Engineering, Inc. SITE DESCRIPTION Lot 3 is on the north side of the frontage road, at 4355 Bighom Road, opposite from the intersection with the *e.t loop of Streamside Circle in East Vail, Eagle County, Colorado. The topography ofthe site is moderate to steep. Drainage is to the south and southeast. Vegetation on the lot consisted ofpines, aspens, thistle and grass. Also, there was outcropping of boulders. Lot 3 is vacant. PROPOSED CONSTRUCTION $y'e have assumed that the proposed residence will consist of two stories, wood frame construction, with a concrete foundation and a possible walkout basemenl. We anticipate loads to be light, typical ofresidential conskuction. Ifthe finalized plans differ significantly from the above understanding, they should notifr us to reevaluate the recommendations of this report. FIELD II{VESTIGATION. The field investigation conducted on July 25,2000, consisted of excavatinS, logging and sampling two test pits. Excavation of the test pits was done with a Bobcat on tracks. The test pits' locations are shown on Drawing No. 1 . We show the soil prohle of the test pits on the Subsurface Exploration Logs, Figure No's I and 2. Soil samples for laboratory soil analysis and observation were taken at selected intervals. SUBSURFACE SOIL AND GROUNDWATER CONDITION The soil profiles encountered in the two test pits were fairly uniform. Test Pit No.1 had 2 feet oftopsoil over 5 feet of light brown, silty-sandy gravel to silty-gravelly sand, with cobbles LKP Engineering, Inc. o 4 and boulders. Test Pit No. 2 also, had 2 feet oftopsoil, over 3 feet of light-brown, silty-gravelly sand to sandy gravel with cobbles and boulders. Ground water was not encountered in either test pit. Practical backhoe refusal w,as encountered ln Test pit No. 2 at 5 feet We sampled the soil in the test pits at random intervals. The soil samples were tested in our laboratory for natural moisture content and grain-size distribution. The test results are shovm on Figure No. 3. FOUNDATION RECOMMENDATIONS The proposed residence should be supported with conventional type spread footings, designed for a maximum allowable soil bearing pressure of2500 psf. The footings should be placed on the undisturbed silty-gravelly sand to sandy gravel with cobbles and boulders. we recommend minimum width of 16 inches for the continuous footings and 2 feet for the isolated footing pads. continuous foundation walls should be reinforced top and bottom to span an unsupported length ofat least 10 feet. We recommend a minimum of 48 inches of backfitl cover for frost protection of the footing subsoifs . The foundation excavation should be obsemed by the undersigned engineer to verifl that the soil conditions encountered during construction orc as anticipated in this report. The foundation excavation should be free from excavation spoils, frost, organics and standing water. We recommend proof-rolling of the foundation excavation. Soft spots detected during the proof-rolling, should be removed by overexcavation. Any overexcavation within the proposed foundation, should be backfilled, in 8 inches loose level lifts and compacted to 100% of the maximum dry density and within 2 percent of the optimurn moisture content as determined in a laboratory from a Standard proctor test (ASTM D-699). A structural fill, ptaced under footings should be tested by the engineer or her representatives on regular basis. Void left in the foundation excavation due to removal ofboulders should be filled with gravel or lean concrete, LKP Engineering, Inc. SLAB CONSTRUCTION The natural on-site soils, exclusive oftopsoil, and organics, are suitable to support lightly loaded slab-on-grade construction. The subgrade for the slab-on-grade construction should be proof compacted to detect and remove soft spots. They should backfill overexcavated soft spots and other underslab fill with the on-Site soil, free from topsoil and organics, or other suitable material, compacted to a minimum of 95 percent of the maximum standard Proctor density (ASTI4 D-698). Suitable material should be free from topsoil, organics and rock fragments greater than 3 inches. The concrete slab should be constructed over a 4-inch layer of clean gravel consisting of- 3/4 inch gravel with at least 50% retained on the No. 4 sieve and less than 3 percent passing the No. 200 sieve. They should reinforce the concrete slab-on-grade and score controljoints according to the American Concrete Institute requirements and per the recommendations ofthe designer to reduce damage due to shrinkage. The concrete slab should be separated from the foundation walls and columns with expansion joints to allow for independent movement without causing damage. RETAINING WALLS Foundation walls retaining ea(h and retaining structures that are laterally supported should be designed to resist an equivalent fluid density of60 pcffor an "at-rest" condition. Laterally unrestrained structures, retaining the on-site earth, should be designed to resist an equivalent fluid density of 40 pcf for the "active" case. The above design recommendations assume drained backfill conditions and a horizontal backfill surface. Surcharge loading due to adjacent structures, weight of temporary stored construction materials and equipment, inclined backfill and hydrostatic pressure due to undrained backfill should be incorporated in the design. They should try to prevent the buildup ofhydrostatic pressure behind the retaining wall. LKP Engineering, Inc. UNDERDRAIN SYSTEM To reduce the risk of surface water infiltrating the foundation subsoil, we recommend installation of a foundation perimeter drain (see Figure No. 4). The foundation perimeter drain should consist ofa 4-inch diameter, perforated pipe, sloped to a suitable gravity outlet, or to a sump pump focation, atal/4 inchper foot for flexible aratal/8 ofan inch for rigid pipe. The drain pipe should be covered with a minimum of 6 inches of -3l4-inch free-draining granular material. Geotextile (Mirafi 140N or equivalent) should be used to cover the free-draining gravel to prevent siltation and clogging ofthe drain. The backfill above the drain should be granular material to within 2 feet of the ground surface to prevent a buildup ofhydrostatic pressure. SITE GRADING AND DRAINAGE Grading plan was not available for our review. The following recommendations are general. Exterior backfill should be compacted at or near the optimum moisture content to at least 95% ofthe maximum standard Proctor density under pavement, sidewalk and patio areas and to at least 90%o of the maximum standard Proctor density under landscaped areas. They should use mechanical methods ofcompaction. Do not puddle the foundation excavation. The site surrounding the building structure should slope away from the building in all directions. A minimum of 12 inches in the first 10 feet is recommended in unpaved areas, and three inches in the first I 0 feet in paved areas. The top ofthe granular foundation backfill should be covered with a minimum of I foot of relatively impervious fill to reduce the potential of surface water infiltrating the foundation subsoils. Surface water naturally draining toward the proposed building site shoutd be diverted around and away from it by means ofdrainage swales or other approved methods. The roof drains and downspouts should extend and discharge beyond the limits ofthe backfill. LKP Engineering, Inc. LAWN IRRIGATION It is not recommended to introduce excess water to the foundation soils by installing sprinkler systems next to the buitding. The installation of the sprinkler heads should insure that the spray from the heads will not fall within 10 feet of foundation walls, porches or patio slabs. Lawn inigation must be conholled. LIMITATION This report has been prepared according to locally accepted Professional Geotechnica.l Engineering standards for similar methods of tbsting and soil conditions at this time. There is no other warranty either expressed or implied. The findings and recommendations ofthis report are based on field exploration, laboratory testing of samples obtained at the specific locations shown on the Location Sketch, Drawing No.1 and on assumptions stated in the report. Soil conditions al other locations may vary, which may not become evident until the foundation excavation is completed. If soil or water conditions seem different from those described in this report we should be contacted immediately to reevaluate the recommendations of this report. This report has been prepared for the exclusive use of Mr. Robert Nild<el of Diamond- Vail Homes, for the specific application to the proposed residence on Lot 3, Block 3, Bighom Third Addition in East Vail, Eagle County, Colorado. Luiza Petrovska, PE President C:\MyFilB\.6.ldc\WPDOCSUoI29CRAv RPT std LKP Engineering, Inc. BIGHORAI ROAD NO|E: TEST PtfS LOCATED BY PAC|N6. CIVIL,/CEOTECHNICAL Engineering, Inc. P.O. 8or 2837 Edwo.ds. CO 81632 ret (97o) 9?6-9088 rox (970) 926-9089 LOf J. ALOCK J, ATCHORN fHtRO ADDtftO'l 1355 BIEHORN RAAD EAGLE COUN|Y. COLORADO PR(PAR(D FOR: DIAMOND_VAIL HOMES t DATE OBSERVED: July 25, 2000 ELEVATION: TEST PIT NO. I o DEPTH Y M L s M P L DESCRIPNON OF MATEPJAL AND SAMPLE LOCATION LABORATORY TEST RESULTS REMARKS --.. 5 -.-- t0 ( {u r. b,f o.Y\'!i''o,l ?4, ;.o I Topsoil Light'brown silty, sandy gravel -200=8.8olo MC=3.4o/o Bononr of test pit @7'No ground watcr encountered LEGEND: o 2.inch O.D. Califomia Lincr Samplc (rclatively undisturbcd sarnplc) I Bulk, disturbed s.mple DD . Nalural Dry Density (pc0 MC - Natu,al Moisturc Com.nt (%) -200 - Percent passingNo. 200 sicv. LL - Liquid Limir Pf - Plas(icity lndex GW - Cround Water LKP ENGINEERING. TNC.SUBSURFACE EXPLORATION LOG PROJECT NO. 20I29 FICURENO, I t DATE OBSERVED; July 25, 2000 ELEVATION: TEST PIT NO, 2 o DEPTH s M B L s M P L DESCRIPTION OF MATERIAL AND SAMPLE LOCATION LABOMTORY TEST RESULTS REMARKS --.-. 5 -.--. t0 -.--- l5 --- 20 1l EA at4*)P;g i..n Topsoil Light-brown silty sandy gravel Vcobbles and Refusal @5'No ground rvater encountered LECEND: o I DD MC .200 LL PI GW 2-inch O.D. Califomia Liner Sarnplc (rclativcly undisturbed sample) Bulk, disturbcd ssmplc Natur.l Dry Dcnsity (pcf) Natulal Moistur. Content (7o) Pcrcrnt passing No. 200 sicvc Liquid Limit Plasticity Ind.x Ground water LKP ENGINEERING, INC.SUBSURFACE EXPLORATION LOG PROJECT NO, 20129 FIGURENO. 2 ( -^ Nb ct uaf R'') *F)X !r.Et14i \ 5 s N F) .L3 G vtoo ct 6 ralo G c' ota) a rf' 8F aa Perccnl Coorser by l|eight 8938R8 osooo\(o$rtF) Percenl Finer by Weight Fe I g * 8 : - ES:x rr =.t:g: I d6xro vl I s t I:s 3 d x Eot a \ o I G o vl ! a t E'i E y| da !o 6 * !4o t(! / / , I LKP Engineering, lnc.GRAI N - SI ZE DI S TRIBU TION ma,/Ect rn: 20129 atct E lvq.' J SLOPT AWAY FROM EUILDING CAVER BACKFILL WI TH ONE FOOT OF RELANWLY L,IPERVQUS SO\L CRANULAR FILI, FIL TER FABRIC (MIRAFI 14ON OR EQU|vALEN t) /,<,/ / <,/ 1 </ 1 <,/ /,<,// <,//.. PLAS C LINER, GLUEDrO THE FOUNDA NON WALL, uor NttoED WtlEN GROUND wA rER tS PRESENT) COARSE CRAWL WH LISS THAN J./4 |NCH OLAM. 5Z F/N€S 4-/NCH DIAMETER PIPE SLOPEO TO A PERFORA TED Af 1/4" PER FOO| Ar t//8" PtR Foor SUITAEL€ OU TL€ T FOR FLEX|BLE AND FOR RI6ID PIPE GRA VEL TH|CKNESS SHOULD BE AT LEAST 24 INCHES AND SHOULO INCREASE /F H€AW€R SEEPAG{ lS AN CPA TED clvlL,/cE0TEclJNlcAL Engineering, Inc. P.O. 8or 1.152 Avon. CO 81620 t€r (970) 926-9088 fo: (970) 920-9089 LOI J, ALOCK J, 9t6tlORN IH\RD AD,tnON 4J55 atctloRN ROAD EA6IE COUN|Y COLORADO PRIPAREO fOR: DIAMOND_VAIL HOMES TO: FROM: DATE; SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department August9,1999 A request for a variance from Section 12-2-2, Town of Vail Code to allow for the construction of a single-family residence on a slope in excess of 4070 within the Residential Clusterzone district located at4355 Bighom Road / Lot 3, Block 3, Bighom Third Addition. Applicant Michael J. LauterbachPlannen Brent Wilson I. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicant is requesting a variance to allow for the construction of a single-family residence on a portion of Lot 3, Block 3, Bighom 3d Addition with a slope in excess ol 4oo/o. The Town's Hazard Regulations stipulate that "no structure shall be built on a slope of 4Oo/o or greater except in Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential zone districts." The subject property is zoned Residential Cluster. At their July 21 , 1999 meeting, the Town's Design Review Board conceptually reviewed the applicant's request to construct a single-family residence on portions of the propefi outside the area of excessive slope. Afier reviewing the proposed development plan and visiting the site, the DRB acknowledged "the presence of significant mature vegetation and natural features" on the site and direcled the applicant to pursue a variance in order to build on the upland portion of the property. A letter from the Design Review Board regarding this project is included in this memorandum for reference. The purpose and intent of the Town's Hazard Regulations is to: "Help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associatdd with flood plains, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare." A review of the Town's geologic hazard maps reveals there are no identified snow avalanche, rocKall, floodplain or debris flow hazards on this property. fn 1994, the PEC denied a similar request (construction on a slope rn excess of 40%) on this prcperty for a proposal that was more expansive with an additional Type lll EHU. However, siaff feels this cunent request is far less impactive than the previous submittal. II. BOARD ROLES AND RESPONSIBILITIES The findings and criteria for evaluating a request for a variance are outlined in Section V of this memorandum. Specifically, the PEC/DRB roles for variance applications are as follows: The PEC is responsible for evaluating a proposal fon 1. The relationship of the fequested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibiliry*'anci uniformity of treatrnent among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The DRB is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and sunoundings- Fitting buildings into landscape- Configuration of building and grading of a site which respects the topography- Removal/Preservation of trees and native vegetation- Adequate provision for snow storage on-site- Acceptability of building materials and colors- Acceptabilig of roof elements, eaves, overhangs, and other building forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory structures- Circulation and access to a site including parking, and site distances- Location and design of satellite dishes- Provision of outdoor lighting o III. STAFFRECOMMENDATION The Community Development Department staff recommends approval of the applicant's variance request subject to the foilowing findings: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Residential Cluster Zone District. 2. There are exceptions or extraordinary circumstances or conditions applicable to this site that do not apply generally to other properties in the Residential Cluster Zone District. 3. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. This recommendation of approval is subject to the following condition: 1. In order to avoid more impact to the site than is necessary to achieve development objectives, development should be restricted to the area below the 8470' contour line, as depicted on the enclosed site plan and survey. IV. ZONING AND SITE STATISTICS Please note: This variance proposal will not affect any development standards on this property. Zoning District Residential Cluster Zone District Lot Size: 31,080 square feet Buildable Area: 13,982 square feet Standard Allowed/Required Prooosed GRFA: 3,721 sq^ ft." to be determined Site Coverage 7,770 sq. ft. (25o/o) to be determined SetbacksFront z1ft.Sides 15 ft.Rear 15 ft.Parking 3 spaces * lncludes a credit of 225 squarc Eet for each constructed single-family unit. I V.CRITERIA AND FINDINGS Consideration of Factors Reoardinq the Variance: 1.The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff believes the granting of this variance would significanily benefit adjacent uses and structures. Given the proximity of the Victorian Townhouses and the l-70 corridor, staff believes the existing mature trees serve to buffer adjacent properties from any potential impacts of development of this site. Additionally, an approval of this variance would allow the applicant to site the residence parallel to the existing contours and thus require less retainage around the building fooprint. The Town's Design Review Board stated their belief that this would be a better design. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this titie without a grant of special privilege. Although the zoning on this lot is Residential Cluster (a form of low- density multiple-family zoning), the proposed use for the property is singl+family residential. The Town frequently approves the construction of single-family residences on slopes greater than 40o/o in other zone districts. Although other properties in the Residential Cluster zone district are bound by the 40% slope restriction, staff believes the proposed use on this site (single-family residential) is unique within the zone district. Therefore, given the unique nafure of this request and the presence of significant mature vegetation on the "buildable" portions of this particular lot, staff does not believe an approval of this request would be a grant of special privilege. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe there would be any negative impac-ts associated with this proposal on the above-referenced criteria. The Planninq and Environmental Commission shall make the followinq findinos before qrantino a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. ? B. o 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is wananted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the ormrers of other properties in the same district. o Iv Site Vicinity Map COLUMBINE coNoc6 1 4*5 vtfioRtAN 2 4415 A N TOWN OFVAIL 75 South Frontage Road Vail. Colarado 81657 970-479-2LN Fil( 970-479-21s7 August{ 1999 Town ofVail Planning and Environmental Commission 75 S. FrontageRoad Vail, CO 81657 Re: A requestfor avarianceJrom Section 12-2-2, Tovwr of Vail Code to allowfor the construction of a $ngle-family residence on a slope in excess oJ 4094 within the Residenfial Cluster zone district, Iocated at 4j55 Bighom Road / Lot 3, Block i, Bighorn Third Addition. DearPEC Members: At our July 21$ meeting, the Design Review Board (DRB) gave the applicant on the above- referenced project Michael J. Lauterbach" direction to prusue a variance to allow for the construction of a single-family residence on a portion of his lot with a slope in excess of 40Ya. After reviewing the proposed development plan and conducting a site visit to the property, the DRB.feels the presence of significant mature vegetation and natural features on this site warrants a vanance. As you know, many single-family and duplex structures in Vail's other residential zone districts may build on slopes in excess of 4U/o and the DRB feels this project should not be hindered by a technicality intended for multiple-family structures. We believe the granting of this variance will result in a better design and a more positive impact on both adjacent properties and the community as a whole. Thank you for your time and consideration. 2 r1v/ \ (6. tgl/fft-e/--- Clark Brittain, Chair Town of Vail Design Review Board {g*"* ..0r.$.1::---A-I J$=1&= J." l /s r-- lr) o, -r Z\'.\''.'. --\\ \L'lit.\\ffi) 4 o) ^"j cv tl _=/xP-ol.t rolrolo) t-.t(4 1. ,,/ - s ss.ta,3o BiCHORN ROAD 4r< I/ E-e7s2.-ffi .c$' \itL-.-- .. : SO.o .-----. i r'ARlABLI c.o.w. ) .ec cqG ngs.and sitc o BUILDING MATERIALS: LIST OF PROPOSED MATERIALS TYPE OF IvIATERIAL:COLOR:* Roof Siding Other Wall Materials Fascia Soffits Windows Window Trint Doors Door Trim Hand or Dcck Rails Flucs Flashings Chinrncys Trash Enclosurcs ' Greenhouscs Rctaining Walls Exterior Lighting** Other cafut?, wulr trf ulrrfi? IfiMn f,EA4/ //*tU/4L if,*lrt) r?f /tr/ f/ ,/u,atv OftML * Please specify the manufacturer's color, number and attach a srnall color chip ** All cxtcrior lighting must meet the Town's Lighting Ordinance 18.54,050(J). If exterior lighting is proposed, plcase indicate the numbcr of fixturcs and locations on a scparate lighting plan. Identiff each fixtur€ type and provide the height above grade, lunrcns output. lunrinous arca. and attach a cut shect ofthe lighting fixhres. Utbrt) wa,a- /t/*/|ru.r N*fwru Updated 6/97 o PROPOSED TREES AND SFIRUBS: EXISTINC TREES TO BE REMOVED: GROUND COVER ..-#v w,LD€lottfrg- SEED - IRRICATION TYPE OR METHOD OF EROSION CONTROL Botanical Narrrc * M iuinrum rcquiremcnts for landscapi ng: PROPOSED LANDSCAPTNG cvit9e;o'ts Comnron Namc Ouantity Sizcr 2- 6vB 3 g 3 tP=-Lft 3 &- oFt II I a .d /l 'TrDe RE: rer.t€clPF Pt'Ad dcciduous trccs - 2 inch calipcr conifcrous trccs - 6 fcct in hcisht shrubs - 5 gallons Souarc Footage OTHER LANDSCAPE FEATURES (retaining walls. fences, swirnming pools, etc.) Please specif. Indicate top and boftom clevations of retaining walls. Mzurimunr hcight of walls within the front sctback is 3 feet. Maximum hcight of walls elscwhcrc on the property is 6 fcct Updatcd 6/97 aSingle Fanily =",.-""@*oResidence, Duplex, primary,/Sccondary ZONE DIS"RICTS LEGAL DESCRIPTION: LoLannPFqq. OI^INER ARCHTTECT 9 ZONE DISTRTCT PROPOSED USE oct I subdivision Btc.HnFrl qBD ADD T.n.F erTr I-l a i nh t- TOTA1 GRFA Pri.mary GRFA Secondary GRF^ Se Ebacks Fron t Sides Po:!a Si Le Coverage l.:r rr A c,..:r n i -^-e..evesyr..Y Re!,aining Wa1I I{eighLs Parking Carage Cred.it 3'/6, Reqrd (300) (600) (900) (1200) -.r_r-_ L3trU Sl ,tDrive: perrnieLed slope t proporscd Slope 1 q, /Complies with T.o.v. Lighting Ordinance yes r/ No t/YES NO V r. AaC - 20. 15', 15' Encl WaLer Course Setback (30) (s0) Do Finish Grades Exceed 2:1 (50t) "1 i6 AL- BUTLDABLE Lor AREA RE?LS.€. Existinq Proooscd Tot.a1 '3 o' '3bb,l sr +425= Allowed ,1nl t'rT l\Jvl \rrrrl Environmen la1,/l{azards : zt J] Flood Plain Percent Slope (< Geologric llazardsa) Snow Avalancheb) Rockfallc) oebris rlbw 4 ) Wetlands View Corridor EncroachmenL: yes Dires Lhis req'des t invoi ve a 2jO rrr<irii Lir.rn?ttov, much of Lhe allowed 2s0 Addi.ion is useffi.s Previous cond.itions of approval (check property file): > 3ot) rcques L? ou#rff *':ujn JT' xAvoN' coLotDo' uTlLllY rlrcaTtolt vERtFrcartoN This fotrn b |o vcrlt rcnrhc rvrilrbiliry lri location for acor coartrucrlon and chonld bc urcd h conJuoction wtth pcpring yor utillty plan and ;hcduling instdhtisfir. Thc locadon ard rvailrbllity of ud$dcs, wttctfrot thcy be main tnrnl lincs or ptnposc{ linoa mu$t bc approved rnd vcrifled byrhc following udlidcs for thc rccoqnnying ritc plrn. P01 P.ta Dc U,S. Wcn Comrnrnic{ioor l-ilf0-922,t987 46ll-6860 or 949"f5t0 PuUic StniooCoqrry 9{9-5?t I Grytlrll Holy Cru Elctttts Asoc. 94e-5r92 Tsd llr*l/John Boyrl T.C.t. 9{9-55t0 Floyd 9.rlazar Etglc Rivcr Wrtcr & Sanitatioa Dirict r 476.741111 Frcd Harlsc ', lr b,4 .q q.. h -23.1? P-/tro l'zz-.rz 0r.- z z- q7 ' Plcasc bring r rite plan. floor plan. and clsvrtions when obnining Uppcr Eaglc Vallcy W*cr ll, Sadaticrr siglaturc*, Firc lJow occtls mus bc rd&gscd- NOTES: lf lhc utrlity vqrification fornr has sigruturcs frottt crch ofttc utility cotnplric$. ild tro commc-nls arc nnde dlrcc-tly on thc form. thc To*n rvill lrcstmc thet t tcrc arc no problcms |||d thc dcvclqlncnt C$ proiiccd. tf e uriiity sorrrtrny heg s6116611s rvith thc Foposcd cmrtilcdm. drc Uiliry rcfrcEffiditl' thdl notc directly oa thc utility vcnficatron ftrm thal thcrc is a problcttt which ncds !o bc rcrolvtd. Thc issuc should thar be dcailcd in an rnrchcd lcrcr to rhc Towtt of V!il. Honcver, ptls Lccp in mind ttrt lt is thE rcsponsibility of tlrc udliry company and thc rtplicot ro rcrolvs adsrtifisd ptblenr, Thcsc vcrlflcrtions do no rclicvc lhs conracor of rhc rcsponribility to obtain r Flrblic Way Pcnnit ltonr thc Dcpnfiment of Public WcLs at thc Town of Vail. Utility loc.dno586nc nlCOrd.&dlcgtCSitS in rny Jrublic right.of'way or crscmcnt within thc To*n of V!il' A building p€nrft k not r Public Way lrcmti! qILa nltt$ bc obteincdrt[[Ilc]t. l. J. I l-f.'-.| ar6? TOTRL P,O2 .'E !..r rJO lr 1 r F. 9lt l,'t2 t'Co.y'*il- For complete fi.rture, order housing with trim. Steo Baffle Housings 50w O PAR-20, R-20 AlzalP and )pen Cone All listed on 75w Q PAR-30, R-30 poge 216. 75wA-19 r/ - l\r, rlUl-t\7, P8.TG, PIO8.TG, /21-TG - r/-t\r, r tu/ - t\r, P2I.TG 150w Q PAR-38, R-40 75w Q PAR-38" -: ' -'.'. P7-TG,P107-tG rt t-t\2 '--=::-i==:=:=<-. P6668-30 WhiteP6658-n Speculor gold Housings @D ,a lI\\ 75w Q PAR-30. R-30 75w A-19 . - tr,l^w l^h^rYrv^, Ler ' ,P P7-TG, PiO7.TG, P8-TG, P]O8.TG, P2I.TG rI-t\2, r tvt- t\9, rtt-t\2 P6669-22 Speculcr gold P6669-30 White : P6672-29 White ,:, 1 l.lnr rclnrrc ' Housings l50w O PAR-38, R-40 l00w R-40 75w Q PAR-38 75w A-19 P7-rG. Pr07-TG P2t-Te rz t-t\J F2I.TG Open P6671-29 Whiie -----\ P&72-lO Polished bross Mox. LompMqx. Lomp Housings ls0/v I PAR-38, R-40 P7'TG, PIO7-TG 75w Q PAR-30,75w R-30 10Or R-40 9O/v Q PAR-38 rl t't\2 rzt.t\t SCA STOPED CEITING ADAPTERS For new construction only. For use with qll lrims on this poge. See poge 219 for detoils. For mounllng clips ond honger bor occesories, see poge 220. ,.dl f". P6668-21 Speculcr cleor P6669-21 Speculcr clecr Mox. Lomp P6666-31 Block Mcx. Lomp Housings 6, Aperture qftu,B;H** Wt*u *,\-' Trims - 7-314" Autside Diameter For complete fixture, order housing uith trim. Step Baffle P66C6-30 White P6666-31 Block Mox Lomp Hcusings P5682-29 Block Mgx.lgmp Housings 50w O PAR-20, R-20 AlzalP and )oen Cone All listed on 75w Q PAR-30. R-30 poge 216. 75w A-19 P7.IG, P'IO7.TG, DA-Ta O I nA-T rzt-t\2 - - P7.TG, P1O7.TG, fzl-t\a T P7.TG, PIO7.IG, P&TG. P IO8.IG, P2 I.TG P7.IG, P1O7-IG,P2I.TG I i -...'..........:.. P6669-30 Whiie l50w O PAR-38, R-40 imw R-40 75w Q PAR-38 75w A-19 P7.TG, PIOT.TG fz t-l\> P2'I.TG _----\.' Housings P6672-10 Polishedbrqs Mcx. Lomp - _:. - .a--.-,i -::.-:..' P6672'n White ,:.,1 Houshgs' '\' ::" ':': ls0/vO PAR-38, R-40 P7-TG, PI07-TG 75w a PAR-30.75w R-30 lm\i/ R-40 9Oi'/ Q PAR-38 F2I-TG rz l -t\t SCA SIOPED CEIUNG ADAPIERS For new construction only. For use with oll trims on this poge. See poge 219 for detoils. For mountlng cllps ond honger bor occessories. see poge 22Q. ,61 f*. P6668-21 Speculcrcleor ?6568-n Speculorgold Mox. Lomp Hcusings 75w Q PAR-30. R-30 75w A-19 @D P 6669 -21 Speculor clecl opm P6671-D White Mor. Lomp P6669-22 Speculor gold Mox. Lomp " Housings ,JYI T" l50w Q PAR-38, R-40 P7-Tc. Pl07-TG TSwQPAR-38 P2I-TG --::======::?.----- P6668-30 White Ia 8rt It t( I(r t ),1(q D LANNING a coMMtssroNAND ENVIRONMENTAL PUBLIC MEETING SCHEDULE Monday, August 9, 1999 FINAL AGENDA Proiect Orientation / PEC LUNCH - Communitv Develooment Deoartment 12:00 p.m. MEMBERS PRESENT MEMBERS ABSENT John Schofield Galen Aasland Diane Golden Brian Doyon Tom Weber Chas Bernhardt Doug Cahill Site Visits : 1 . Joe's Famous Deli - 240 Wall Street2. Lauterbach-4355 Bighorn Road 3. Park @ Garmisch -2497,2485,2487 Garmisch 1O0 p.m. Brent NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearinq - Town Council Chambers 2:00 p.m. 1. A request for a conditional use permit, to allow tor the establishment of an outdoor patio dining area, located at 244 Wall Street / "One Vail Place," a portion of Block 5C, Vail Village First Filing. Driver: KeX Applicant: Joe Joyce / Joe's Famous DeliPlanner: Allison Ochs MOTION: Brian Doyon SECOND:Tom Weber VOTE:7-0 oeco,or APPROVED WITH 1 GONDITION: '1 . The outdoor dining patio is subject to design review by staff and/or the Design Review Board. All furniture (i.e. chairs, tables, and umbrellas) must meet the Town Code, as approved through the Design Review application and that the condional use permit for up to six tables be reviewed by staff after one year. - 2. A requesl for a variance from Section 12-2-2, Town of Vail Code to allow for the construction of a single{amily residence on a slope in excess ol 4Q/" within the Flesidential Cluster zone district, Iocated at 4355 Bighorn Road / Lot 3, Block 3, Bighorn Third Addition. Applicant: Michael J. LauterbachPlanner: Brent Wilson MOTION: Tom Weber SECOND: Doug Cahill VOTE: 7-0 APPBOVED WITH 1 CONDITION: '1 . In order to avoid more impact to the site than is necessary to achieve development objectives, development should be restricted to the area below the 8470' contour line, as determined by the Design Beview Board and as depicted on the enclosed site plan and survey. 3. A request for a conditional use permit, to allow for the creation of a public park, located at Lots 1,2 & 3, Block H, Vail das Schone/2497, 2485,2487 Garmisch and the unplatted portion of the SE 1A, SE 1/a, SE 7a, SW 7+ of Section 1 1, Township 5, Range 81 West. Applicant: Town of Vail, represented by Todd OppenheimerPlanner: Allison Ochs MOTION: Galen Aasland SECOND:Diane Golden VOTE: 5-2 (Bernhardt, Doyon voted against) APPROVED WITH 1 CONDITION: 1. That the new design have a total of four "head in" parking spaces on Garmisch and one handicapped space in the parking for the employee housing. 4. A request lor a worksession for amendmenls to Title 12, Zoning with respect to Employee Housing Unit Standards, Minimum Lot Size Requirement in the Primary/Secondary and Two-Family Residenlial Zone Districts and Site Coverage Standards. Also, a proposal for a new zone district entitled Aflordable Housing (AH) District. Applicant: Town of VailPlanner: Dominic Mauriello/George Ruther TABLED UNTIL AUGUST 23, 1999 5. A request for a minor subdivision, to vacate common lot lines to create a new lot, located at2477,2485,2487,2497 Garmisch Drivei Lots 1-4, Block H, Vail Das Schone #2. Applicant: Town of Vail, represented by Nina TimmPlanner: Allison Ochs TABLED UNTIL AUGUST 23. 1999 6. Information Update7. Approval of July 26, 1999 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing lmpaired, for information. o \ Community Development Plan Routing Form Routed To:Greg Hall or Leonard Sandoval, public Works Retum To:Brent Date Routed:6/28/99 Retum By: Project Name: Project Address: Project Legal: Project Description:MJL Development - New single-family residence 4355 Bighom Road /Lot 3, Block 3, Bighom 3d Addition Applicant: MJL Development represented by Steven Jarnes Riden, Architect Planner: Project#: PRI99-0184 Approved -x-Denied (cite deailed reasons) Approved with conditions SCHE g'i#ilxq[i {il*:.::ifntl"il;,fit ";'!{e1q *ru! !o s lis:s::' ULE A ORDER NO. : 94O1-O729-C3 DATE OF POLTCY: OCIObCT AMOUNT OF INSURANCE: $ POLICY NO. : O-9993-328L88 07, 1994 at 1:37 P.M. 92, s00.00 NAME OF INSURED: MICHAEL LAUTERBACH THE ESTATE OR INTEREST IN THE I,AND WHICH IS COVERED BY THIS POLICY IS: Fee Simp1e TITLE TO THE ESTATE OR INTEREST TN THE LAND IS VESTED IN: MICFIAEI, I,AUTERBACH 4. THE LAND REFERRED TO IN THIS POLICY IS IN THE STATE OF COI'ORADO, COUNTY OF EAGI-,E, AND IS DESCRIBED AS FOLLOWS: Lot 3,Block 3, BIGHORN SUBDTVISION THIRD ADDTTION AMENDED PLAT l-. COUNTERSIGNATURE Date Receive. No'/ 12 1999 STEWART TITLE GUARANTY COMPA}TY POLICY NO. : O-9993-328l.88 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WIIJL NOT i,;i EOSiSI ATTORNNVS, FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. R]GHTS OR CI,AIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2 . EAsEMEN;;; Afr--ffiMS oF EASEMENTS ' NoT sHowN BY rHE PUBLIC RECORDS. 3. DISCREPANCTES, coNFi-',Iclt IN BOUNDARY I.,rNEs', SHORTAGE rN AREA, nniCioacfiusNts, AND ANY FAcrs wHrcH -A coRREcr SURVEYANDINSPECTIONoFiHEPREMISESWoULDDIScLosE ANDwHIcIi-ARE-NoiSHowNBYTHEPUBLTCRECoRDS.4. ANY LIEN, oR RrGHT TO-A--iIEN', FOR SqBYl-qgs', LABOR OR MATERIAL HERETOFORE OR HEREAi'TEN FURNISHED' IMPOSED BY LAW AND-Tqbi. SiOMT BY THE PUBLIC RECORDS' s. uNPATENTili-uriiiliC GLATMS ; - RESERVATT-9Nq-9* ExcEPrroNs IN PATENTS oR AN Act AuTHoirzrrrc THE ISSUANCE THEREOF; WATER NiCitS C],AIMS OR TITLE TO WATER' 6. Any and all unpaid taxes and.assessments and unredeemed tax sales 7. The effect of inclusions in any general-91^:Pgtific watser conservan"y, -fi;;-;t"it"ci""' 3oi1 conservation or other district or :_nctrrsion in "ny rat"i service or street improvement area. 8. Reservations or exceptions il Patents' or in.Acts aulhorizing the issuance thereofl includini-it "-iut.tvation of a right. of way for aitchJs-oi-Elnars _.onrErn"ted by Lhe authority of Ehe unired srareSl-a;-r;;;;;a-in un:-red stltes Patent of record. 9. Easemencs, restrictions and fig!!:.gf-waYs-:? shown on the Plat of Bishor" s$;i;I;i;;; irrira-i,aairion, Amended Plat, recorded .fune 3. r-963 ;; ne"eption ru"' gisio and as Reeeption No' 98059' ].o.Terms,conditions,reservaEions,restrlctions'andobligationsas conrai_ned i""i[""i,r;;;;li;. iov6nants for Bighorn subdivision rhird additioi,".;;;;d;a-ia eoot< izs at Page-13s and in Amendmenr r""ij!.ili;li;; "E -pi"Cective cov6nants for Bi-shorn Subdivisio", ifiiia-aaaiti"n amended Plat, recorded April 23' 1965 in Book 18? at Page 195' 11. A ten percent non-participating-royalty' il-1ld to proceeds derived from the sale ot ,nt.ruiir",'of irhatsoever kind and narure, p.odu!"i ;ia-*i""d-fi"*-ctt.-said premises, as reserved Lo cusE Kiahtipes and Eva .i. 'ii-rt-ciG?^Py'instrument recorded Noveniber z,'l61ei-ii-'eooL-tree -t eag-e 407, and anw and all as s ignment ", -ii].J"f -"i--i."t "r!it !*Ett"i" i" .ot n"vittce recorded Seprember le,-;;;;-irr-e""i 2o'-;a Page 143 as R3ception No. SCHEDUI-JE EXCEPTIONS M]MBERED ARE HEREBY OMITTED o ATTACHED TO AND MADE A PART OF STEWART TITI-,8 GUARANTY CCMPANY POLICY NO. O-9993-328188 CONTINUATION OF SCHEDULE B ru+b5v, 12. Easement for consLruction and maintenance of gas distribution system j-n roads of Bighorn Subdivision, granLed to GasFacilities, Inc., by the instrument, recorded in Book 190 at Page 405 as Recept.ion No. l-01914 . 13. Any loss or damage by reason that subjecL property_is_vested in uichael Lauterbach, whereas the grantor of the deed of trust insured hereunder appears as Michael ,J. Lauterbach' l-4. A Deed of Trust dated September 27, 1-994, executed by Michael ,f- Lauterbach, to the Public Trustee of Eagle county, to secure an indebtedness of $57,500.00, in favor of Todd Mil1s Keleske recorded October 7, 1994 in Book 651 at Page 963 as Reception No. 548001. 15. A Deed of Trust dated September 27, 1'994, executed by Michael J. Lauterbach, to the Public TrusLee of Eagle county, to secure arr indebtedness of $12,500.00, in favor of Betty Luke recorded October 7, l-994 in Book 551 at Page 964 as Reception No. 548oo2- 1-5. A Deed of Trust. dated September 27, L994, executed by Michael .f' Lauterbach, Lo the Public Trustee of Eagle CounLy, co secure an indebtedness of $12,500.00, in fawor of BeLty Luke recorded October 7, 1994 in Book 651 at Page 955 as Reception No. 548003. 17. A Deed of Trust dated September 27, tg94, execuEed by Michael J. Lauterbach, to the Public Trustee of Eagle County. to secure an indebtedness of $1-2,500.00, in favor of Betty Luke recorded October 7, l-994 in Book 551 at Page 964 as Reception No. 548002. 18. A Deed of Trust dated September 27, .L994, executed by Michael .T. I-.,auterbach, to the Public Trustee of Eagle County, to secure an indebtedness of $12,500.00, in favor of Betty Luke recorded OcEober 7, L994 in Book 551- at Page 965 as RecepLion No. 548003. o ZONE CHECK/oarc: It/rr I l( d Lcpl dcscription: Lot 3 Btock i Fiting Bl (rrtpD, Fl Addrcss Architcct Plonc Pbonc hoposcd usc f Frr-- Lot sizc B'ttldablcu" I \, 1t L { . koposcd Total - lL?o (rfrl,l rotal GRFA Allorved 9tn( +>Lr =__324_ Exisfing * 6'15 = 425 crcdit plus 250 addition *!$$= ffi *f- Lo Rcrnaining M" + Primary GRFA - + (425) (67s*1- Sccondary GRFA + (425) (675*) =_ 9r-o t +La I 2#1 = f,1 rL "4+F1I 00(6) Front Sidcs Rcar ', 20' .15' 1s', zt.t tf 'r 6f LL8' Minimum O? 3,/@ d_3__Requirc G Ic Encloscd Docs this rcqucsr involvc a 250 Addition? NO _ Horv much of tlc allotvcd 2i0 Addition is uscd rvith this rcqucst? Sitc Covcragc (tS'l.l Hcigbt Sctbacks Landscaping Rctaining Wall Hcights Parking f .) )o Caragc Crcdit Drivcrvay Complics rvith TOV Ligbting Ordinancc Arc finishcd gradcs lcss than 2:I (50%) EnvironmcntaWlazards (300) (600) (e00) 0200) Pcrmittcd slopc t y" vcs*---L/N v"r--t/- wo I ) Pcrccnt Slopc (< >30%) Nl 4 (!v wT t.- Ft*r.-1. Z-sr.r,n/P) Proposcd Slopc * W 2) Floodplain 3)w r Pre'iousconditionsofapproval(cbcckpropcrtynfcl: N/A - Is thc propcrty non-conforming? Dcscribc: * 7l\g &gpo*r th FC{ F.a 'vt -f, fbsLo'c* UJ4wt- -Sr&? 4) Watcr Course Sctback (30) (5 5) Geologic Hazards a) SnorvAvalanchc b) Rockfall c) Dcbris Florv I DESIGN REVIE\Y CIGCKLIST Projcct: tr SURVEY Scalc -...:- Benchmark t ___ Lot Size Eascmcnts Topography 100yr. floodplain Watcr Coursc Sctback Environmenul Hazards Trees Utility Iocations Spot clcvations tr srrp plaN Scalc Building Height Encroachments tr FLOORPLANS Scalc GRFA 250 addirionat GRFA Crarvl\Attic Spacc .c,|1U Q EUILDnvcELEvATIoNs Sneln Col or\tr4atcrial s KOOI .t rtch Q L.ANDSCAPE PLAN Edsting trccs proposcd bees Lcgcnd MISCELLANEOUS Condo Approval Tirlc rcport (A & B) Ufilify vcrifi cation form Photos of sitc Bui.l ding matcrial sampl cs C.O. Vcrification Sun\Shadc AngJcs Utilities (un dcrgroun d) Vicrv Corridon Varianccs Plat rcsbictions Sctbacks Sitc Covcrage EavcVOvcrhangs (4) Decks8alconics Gangc connection - . Sitc Cradc\Slopc RctainingWalls Fcnccs Parking/Garagc Tuming Radius Drivcrvay (access and gndc) Snorv Stonge Firc Access 5 t;I - TOWN OFVAIL 75 South Frontage Road Vail" Colorado 81657 970 -479-2 I 3 8/47e -2 I 3 9 FAX 970-479-2452 Department of Community Development June 21, 1995 Mr. Michael Lauterbach P.O. Box 3451 Vail, CO 81658 RE: Lol 3, Block 3, Bighorn 3rd Addition Dear Mike: As you requested, this letter is intended to document the ailowed density on Lol 3, Block 3, Bighorn 3rd Addition, as well as to summarize the action tal(en recently by the Vail Planning and Environmental Commission (PEC) in responce to your requested variance application to construct a type lll Employee Housing Unit (El-iU) on a portion of the lot which has a slope greater than 40/o. Lot 3 is zoned Residential Cluster (RC), which allows for a density not to exceed six dwelling units "per buildable acre". Since your lot has 13,982 square feet of buildable area the maximum allowed density on the lot is 1.92 dwelling units. As you knorv this figure cannot be rounded up to 2 dwelling units. However, as you also know, for the purposes of calculating density a deed restricted type ltl EHU only counts as 0.5 of a dwelling unit. A request tOr a type lll EHU must be reviewed and approved by the PEC. On August 22, 1994 the PEC denleglyour request for a variance to allow for the construction of a type ttt EHU on a porlion oflte Lot'u.,hich has a slope greater lhan 40o/o. On April 5, 1995 the Vail Design Review Board approved your request for a new single family residence on the properiy. I hope the information contained in this letter is adaquate, however if you have any questions or comments, please do not hesitate to contact me at 476-2138. 'I:::a*# Jim Curnutte Senior Planner cc: file €g"*'uo'uo v. t: - ,*iF- -a Proiect Name: Building Name: Project Description: ,erb CU, D.,l" *hr/ ( 6 =, lqqs: ,^ J-e {:.- )cy 4.es. {c, Desiglheview Action Form I TOWN OF VAIL Category Number owner,Addres"^naenon"' , - ,'k€ f o- {ei'Lc>, /, '/ 7€- €?y'y' ir "r?.cK '5'/-J( , v/,a,(,(.':-: !'/6sE Architect/lltrAddressandPhone: S'/<Vg R,,rrl-ea'('/?-'//V Legal Description: Lot -3 Block 3 Subdivision,l Llc3 /-?-,/,', zone District R C- Proiect Street Address: Comments: 6--"@tarrAction Motion by:Vote: Seconded by: ! Disapproval ! StafiApproval tQ ,. (: Conditions: J,), uL(,'./. /L €Lr( L .1 ,-d9C 'r" J L t nQ-9 - +eza( CcgL7f.tuJ /A& / / x. kl DRB Fee e,"'P^ia 'il ';C'O9q I Town Planner oate: pt ,'{ F, -, {( 4 \ TO: FROM: DATE: RE: rfi,^ C piko L ,1/ar/< s i$il,i,t of r,bl' ),' c^e*k * ts?-- Pursuant to your request, enclosed ac*pictureCuhich show the lighting fixtures as installed at the above referenced residence. One picture has been enclosed to show a close-up of the commonly used Orpe (A) fixture. This fixture employs a 40 watt, 120 volt bulb averaging 480 lumens, has six glass sides with each side measuring approximately 2.25" W 5", an Please contact me ifyou have any questions and I apologize in advance for not being able to find the lumens output on the R30, 75 watt bulb.,Even so, I beliwe that it is a standard bulb contained within your GE catalog. (\170 Lu,_t.q, {nn Ti,t 6g Lnl,tta6 6.ok I lt? ,l:l /1n,4./r:l I llP ..i De[, c^-,.sr.*Q- 'y'.' .,.lrd r e,t( ' 'J / / .113,, t= t"/ ) ad ) nI ' / ./ sw((ya*J tr-o I I .'{ , }.e , D,. ttl.) S.ed.ey lr//e.s k';k r/L". t.. peg*r ar{Y s'ftt-i .oc. ,g"t *\{-fuu[ol -tttfu]i *r3.D6 tq.o*-?- -(, *ff fd.*q Ld o ['oS5 *.o{d c:t {-s;'*s {np* s<.cCy $-O L{o{g A,*&- S"-e UrI-rLo" [^ \-\/. -q"bQ *tt)a ue$et^ V q"hou+ utJrd/dd'u/9 o4 uves?,qLeU,epb ,\pe h q,trf N@oe q -. 'l'fo'-*b.t1'b / ) &f {r r\rag ,l* l,e d- r&e/v&t g.{i-- ,/r*d."€"[ ' ds'n^y Cire-s )e€rwru*3. gl iJe'ce Lo g:-*tv ft "..', - &oL P*re'b *ti!,:'t,t':txq, N w*L , |.-.qlt,'e/V-Pnt<,P ,r{.tl;tca'igoi fs^cca,, ri .-tr.r{{o?:-i,e t{.rr"r'.'" J*l lrotA dW -{,# y^+eF7.r,- Yi.TJ [,o,.n.]..Y-c. u'f *. o.^ ^ro L*{;({ld8l ftl\]_ ': ZONE CHECK . FOR Sing1e FamilY Residence, DuPIex' ZONE DISTRICTS ,,/. /q=r\tvTfEr. nlt I t' --t Primary/SecondarY I.,EGAI., DESCRIPTION : ADDRESS: OWNER ARCHITECT 20' 15', 15', 7ow \7N{ - r,K?o:+lg7ot EeE/ 6 ?4 svo+ aq ria + 3 neqra -r/ ----:3'- ? -@G--swfPermiLLed stoPe F* Proposed Complies with T.o.v. LiqhLing ordinance Yes waLer course SeLback \d3c}:t50-r Do Finish Grades Exceed 2:1 (50%)YES Environmen La1,/Hazards :1) Flood Plain ,LilZ- 2') Percent slope G > 3o?) <3@7o 3) Geologic llazardsa) snow Avalanche /t*"i b) Rockf all /L'O- c) Debris Flow at I/ -4,/t./bf N"-,,-v/.- tt/o " lns requesL? ^4/.f +n NO V' loes Lhis req'riesL invoive a 25A irdciiLiou? llow much ot t'tre allowed 250 Addition is used wiuh chi - l:r. Previous condiLions of approval (check properLy fiLe) ) r-,ot -f- Blopk 3 suuaivision . i qhe /\yt i^4, Lor srzE 3[r,C>go s g ft BUILDABLE Lor AREA EWAeg Cf- ZONE DISTRICT R C <'. r /-- /'- n PRoPosED usx 5;'t3(a {s44,(r K<s Heighu TOLAl GRFA Primary GRFA r- - qlq- 1 t=t AlLowed Exist,inq Proposcd ToLal . 11a(fiD 6 33' 33' 3,7At# €- 4,3roq eF70 t -2-?t t <,4q6 * 8=:)-7a/ t ,6 4zzo' aFTo * SeLbacks FronL Sides Rear Site Coverage --aLandscaping 66',e Eg. ReLaining WalI lleighLs earking Garage Crecli L Drive: view Corridor Encroachnent: Yes 4) Wetlands R enct slope No 1n i' IS o <F ^a1,L- Vt LG-s n" ke bCrlj ,: ( , ,l,t.t;,! c E *L *$sa 4,* opf , o'dQ 6 +-,'c( ,c-!o tcL ,,"1y f:,41/)- F:,t,>Q 5-Q -['r* *Pn, u+r*u 7 -{-*,g i,.* Ditl i/n{ .. f Cr.^, ;.L d}/g L . ' I l( i.-t' rf , ilJ A iu ep/€,':: a(se JJ,;3 -;.; -1'c;l a.0.r i 1 rr-r1 stfuccq) l,0t '*lr": 1t,r*- ,<r.,'t.,,.J ,urnJo,ut-s orlh oJrl"rln* [+'plr'*.rt.l i,rr.,, :::f*,r".' r-i,.r'cirr.r fr' (l:::;g7c4-f /',or,r,af L*& i ep l' .e ql *.'n'&, SO q0e C ,u*z&. u--r {7-- v(f rr.,t .( ,1L:lt"{' s t' ( Lcl rll qv ,";ia,'ief L*{"6to[cdJ rt,gt;fty w,e{f g d',.i|/ t- Cr-''/^cJ (' -er,.lc \, i.-u .i "c., ,t / I"-o.-{-lr*f' t-l {e (,+C Q, lf .i::',\,! i,-.-.t-g"''{: grLtg- 4t (' ,,iJ,*'i*, ",;,' ! . I'l,{r/ t.,,'l'it 1,, Lt, ;r)' r: . ) ( 1.,e i <,,(,,)i t', ", 1 ,, L r"i( [e 5'{.t57* f,t,fs.,,) f G &oL (^,o.'1' @ i'+1"04 ,A- ,," i' i,, ".3 -^--l f) o-t Betum INTER.DEPARTMENTAL BEVIEW PROJECT:biqt -tpt 6*({s DATE SUBMIfiED: DATE OF PUBLIC HEARING COMMENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPOSAL: Aeui=.o"{ PG^s Gf he,.t s*g&e {q,-'(Y /"g6'4'*'tveg --- 'ee- c@a;oue.*,6 €r.'.t-\*, / ./.Lqs,f Tt tu a . PUBLIC WORKS Reviowedby: lenrv\crrtrngl-Date: 2.l rw\r*| ff15 Comments: *qrrrn -J Jo.oox adre6s hrm must b(j , s\2fY\i\ted frr occg* *l <f, Rrcf,c<n P'ocd ' g.3;.t' *': :':l: :1t;:?; Of\ua\r.ol oecrls q g<xr ' a.pnor wr\\ Y\a,Ja ro 'erlrode rvr! F6# f(J drArt'qg tn { r<rrts (\ c\ts\k o€\^yt{ ' cDN?t\ z.rte-?,' \k ro.r6Y b'.} stzr'd ko atc()n\:dal e ottrsrtn3 a((}l^oqa &*O{VC,,1 G yurn crro,.;nd n€€ds Vo be e*t'errd'ed c\s sY\c\-'rcl c{\ P\c\n ' (Vo rna: r vnitr itY\\\c\ \u rrucv\ (odt drr.ievral nee45 to hftve- 4 mrNm\.)rn vvrd ttl oP 11- ' J 'o tai..d t tryo:l Retum to"r: , * Curo o/k Town Planner Peul gingLg Couicy fa',d*rr.r. Loca{eaQ qf 4'fe? ebtcrur fc:c"AQ- t (aY -s, tLt&t fi',qbnrt 3, A ,;#)'{16.*, PUBLIC WORKS INTER.D EPARTMENTAL REVIEW PROJECT: DATE SUBMITTED: DATE OF PUBLIC HEARING COMMENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPOSAL: -iHevigwgd bv: lr3(r1 rv vvh cd'i_Date: 32_1.15 Comments: Jl U''" iirir\6. ((1!:n-:': cv.(-''';. €f c't ris5\x'ir P-lr-(\ \'a '-' \\ \''-'jr? i- ':( \'\'' r '^ , t,vrr!V.1:r , "',1;5 l-,i(\1 i,t- \F{-(f t (i-r( (':'\'r crir'--ir:1''\.. (''ln-2r '\\i lr'1'1: I -'g'r ':3'-'.'itr' ,- ,.J Tffi"*:rrEt1 ji". . "-\ . . i\'rr rl . . h' 1- ,\. L',; ig.l z-- Neli t, ,,nr'-,'rrlri rl u ki (lait-r I.,r''3 r',]rl,'/r t:-i r)( \1:11nr,:tv ( \\1a)(j lflC r\1'rt,".".1 t'i:i'r (lit ur'<\ 5t-;1^' - 'r.. ptC,.r ) r,,rv -1r:' r\ rr-t 1 '{ [frY ]+6al fo 'n ''-41r \'ir'rrl 7- I rl'r'-'i.irr';i BrbrtoerJ Po,to l: ruor r+Lco, ,e0 To BE c.l-t- c*.,Nc?fiE Feal uvrusr Bt ,dsTvtccro @ Bor-raryt oF Dei*'E{^'|+V |t> DPruau'-v+i 6?rtOE .xceeg3 ltc fo,-,q/-.Os'frre Paa-D C,"St-l€e{ 61z' 44Usf Be 6 h4t^lr,!o.,r4 3itlzy'e SrZ€ AS Uplle€rfin (-Jt-;E2 t. " I ,)r'rt'r\ C6n^p4r\Y SrGx-[ AFF P,z.sc,p-r4 ?ae *t.t-1 i-il|-nr0aCftlo]tvG -lt E flsto+e-*trs r /f6. 64 r(Y rrir.d I lalr'0z I o pROJECT: y st DATE SUBMITTED: DATE OF PUBLIC HEARING COMMENTS NEEDED BY: FIRE DEPARTMENT Til'H5,I'EX ; A.,=,otcrce G.a*A c4f 44ok *g[*rn'A*A , b{ >, bbcrf} rJ gL-nn g,".t o&t.ft--o . Retum a Tr". Curar-/{Q- Town Planner INTE&DEPARTMENTAL HEVIEW C(s /"ovle ,-+ '"/t2'-'-' - || 6. r*1fu,- 1 o Reviewed by:,4h^r,c fl'ru'f 'tt€ Commenrs: ?kor.tll)r L/q ublo "L f-L( -Llo .l*(^ c h rfD' (otfi -,|..* ze'a€) 7<w'ed, ftcco*'J+*' {f.rr 1a1,"-"'-';- u( VFD v<\PV \"o sf,, D''-'"-o, /' ..-d l!/!YP p- w|-r r.tt..a 7lLalta ,3 o VAIL,DESIGN REVIEW BOARD APPIJICATTON ' TOWN OF DATE RECETVED: DATE OF DRB MEETING:r*tt*tt*t* !irll*t**ttt A. T PROJECT TNFOR!!,ATION: DESCRIPTIONT Sinsle lv Residence ffiPl B.TYPE OF REVIEW: xX New Const,ruction ($200.00) AddiLion ($50.00)t'tj.nor Alt,eration (920. 00)Concepeual Review (90) ADDRSSS: 4403 Bisho LEGAL DESCRIPTION:LoL 3 Block 3Subdivision B If propert.y is described bydescript.i.on, pleiase provideto t,his applicaLion. a meeLs and bounds on a separate sheet, Iegal and aLtach E.ZONING: Resldenti NAME OF Mailing APPLICANT: Address: Phone 476-6944 REPRESENTATIVE: NA Phone H.NI\I'{E qF OhINER(S}: OWNER (S) SIGNATT]RE: Mailing Address: P0 Box 3451 Vail. Colo 81658Phone 476-6944 NAME OE Mai l ing APPLICANT' S Address: I. ,J. APPLICATIONS WILL NOT BE PROCESSED WITHOW OHNER'S STGSIA"U&E Condorninium Approval if applicable. DRB FEE: DRB fees, as shown above,l are to be paid aE LheLime of submiLLal of the DRB applilati.on. Later, whenapplying for a building permit, please ident,ify the accuraE.evaluaLion of Lhe proposal. The Town of Vail wi1l adjust thefee according to lhe table beLow, Lo ensure Ehe correct fee FEE SCHEDULE: VAIJUATION ,i 11 ,lr .r ar nt\.l+ v g .r.v, vuv$10,001 -$ s0,000 $ 50. 001 - $ 150.000 $1s0, 001 - $ s00, 000 $500, 001. - $1, 000, 000 $ Over $1,000,000 DESIGN REVIEW BOARD APPROVAL E:XPIRES APPROVAI' I'NIJESS A BUTLDING PERIiITT ISrS STARTED. FFET s 20.00$ s0.00 $100.00 $200.00 $400.00 $s00.00 ONE YE"AR AI'TER FINAL ISSUED AND CONSTRUCTION is paid. L,r 5 , btnuk 3, 6,yL.^-3! +{-o4d ot- h ,'* 1,,- c/-l/"^e N)I m(o6l i l ii ,M o looME OF FROJECT: Blghorn Fal_ls Lor 3 Bhe foll.owing information is Review Board before a final A. BUII,DING }IATERIAITS: Roof Siding OLher Wall MaLeriats Fascia Soffits Windows Window Trim LEGAL DESCRIPTION: STREET ADDRESS: I/OT_I_ BL,OCK ,3 - required f,or subnitLal approval can be given: rYPE OF MATERIAI,I Asphalt ShingLes I x 6 Cedar S tuc co 2 x 12 Rough Cedar Plywood ALnolnun Clad NA Pos Es pickete s UBDrvI s roN _ElsbsrsJr1!j4$$ lon go Ehe Design COITOR Charcoal Light Betge Off-Whtte Solld' Eelge SoItd Betge Whlte Doors Door Trim Iland or Deck Flues Rails Flashings Chimneys Trash Enclosures Greenhouses Reuaining walls Exterior Lighting OEher I-,ANDSCAPING: NamE Of Copper 5x62x2 Solld Belge S tucco 0ff-Wh1te Natural Galvani zed Natural NA NA See Plcture Patlne Green Designer; Phonel S J Rtden ., 'a ALumlnum Clad B. 949-4r2t PTJANT ,t*ro"r, PROPOSED TREES AND SHRUBS Botanical Na:rre .tlon a"*u Ort:nf i trr Q i u o* Evergreens As p ens *Indicate caliper for deciduous trees.deciduous trees is 2 inches. IndicatehL for conif f r.aae i < 6 f a**IndicaE.e size of5 qallon.proposed shrubs Minimum size of shrubs is GROTJND, COVERS NaEural Grasses Sod qr\n SEED TYPE OF IRRIGATION Manua 1 TYPE OR METHOD OF EROSION CONTROL Natural Grasses LANDSCAPE LIGHTING: If exLerior lighring is proposed, pleaseshow Lhe number of fixcures and locaLions on a seDaratelightinq plan. Idenrify each fixrure from the li;hring planin Lhe space below and provide Lhe heighc above grade, cype ofliqht proposed, Iumen ouLpuL, luminous area and a cuL sheeL ofthe Iight fixture. (Secrion 18.54.050 J) ical lieht fixture is wall- nounEed 84" off ad'iacenE floor. cxtcrior 1i E fixtures are rnatchinq. OTrIER LANDSCAPE FEATURES (reCaining wal1s, fences, swiruningpools, etc. ) Please specif y. IndicaLe he j.ghcs of reE.ainingwalls. Maximum heighc of walls within Lhe fronE. seLback is3'. Maximum heighc of waLls elsewhere on Lhe property is 6, NA Mi-nimum cal" iper forheighL for coniferous Sguare Footaqe (See Landscane Plan) n ( DATE: Single ranily Residence, Duplex,prirnary/Secondary ZONE DTSTRTCTS February 20, 1995 Pfonof94 3? w 22C,g.24 LEGAL DESCRfPTfOny Lo! j Afoct 3 SuUAivision Blshorn 3rd Addltlon ADDRESS: 4403 Biehorn Road-------=-.--!|r|OWNER Mlchael Unt.................'..'...'..'.....:- ,.: Iteight TO.t,AI GRFA Primary GRFA Secondary GRFA .Setbacks Si E,e Coverage Landscaping Relai.ning Wall Parking Garage CrediE Dri.ve: --l* 'A20,t5, 15'.Ls / t5 l5* qr 3113 s qoo 3, /6, , 2 Regrd NA.1-F' 4 (100) (500) (900) (1200) 60,0., permif Led slope 8 L- proposed Slope _ ,,t Corhplies with T.O.V. l{aLer Course Setback Light"ing Ordinance Yes xx Nb Do Finish Grades Exceed 2 r 1 Environmen tal./Hazards : . ,l!4, View Corridor Encroaghnent: yes (30) (s0) (50t) YES_ L) Flood P1ain 2l Percent Slope (< > 30t) 3) Geologic Hazardsa) Snow AvalanchebL nockfallc) Debris Flow l,letlands NO NA Nog_ NO fr6' NO xx Does Ehis leeriesl j.rrvuive a 250'additionl How much of Lhe all-owed 250 AdCition is used wiitr ghis Previous condicions of 4pproval (check property file): reques c? NA ARCHITECT S,reve J. Rlden _ pHoNE ,949_4!2I _.,, _ ZONE DISTRICT -BC PROPOSED USE Slngle Fanllv Residence LOT SIZE 311080 sf , . BUILDABLE 1/g1f AREA 13,98 AlIowed (30) (33) 2.796 - Exis t,incr +g- + 425 FronC Sides Rear Heights 1 urr r.,rrv ro_cerror.rJn$rrJf,eo$t- I SUBDIVISION .'OB NAME Bi rn 3rd Additlon Bighorn Falls Lot 3 The rocat,ion and avairabilicy or utirities, whether they be maint5un\ lln"g or proposed lines, must be approved and verified bytbe foll.owing uUilit,ies for Lhe accompanying 'sit,e plan. LOT 3 ELOCX ADDRESS U.5. West Cornrnunications L-800-922-L987 468-6860 or 949-4530 Public Service Company949-5781 i Gary Hall FITING Blghorn 3rd Addition Date Holy Cross Elect,ric949-5892 : Ted Hqrky/Michael Assoc. Lavert,y ,Eg; cablevision r.v. 94 9-5530 Steve Hiatt Upper Eagle Valley Wat,err sanitatian Districc 47 6-7 480 Ered Haslee NOTE:1. 2. 3. This form is to verify service availability andIocation. this should be used in conJunction withpreparing your utility plan and schedulinginstallations. Fgr any nehr construcEion proposal, tbe applicantmust prqvide a completed utilit,y verificaeionforn. If a ut,ility company has concerns with theproposed constructionr the utilily representative should not directly on the ueility verificat,ion f,orm that Lhere is a problem which needs to beresolved. The issue should then be spelled out iltdecail in an attached letter to tlre Town of V?iiL. Bowever, please keep in mind that it is theresponsibility of the utility conpany go resolve idenE,lfied problems. If the ut.ility verification form has signaturesfron each of, the utilit,y conpanies, and no coruIlents are made direct,ly on the f,orm, the Tohtnwill presume that tlrere are no problens and thaBthe development can proceed. These verif,icaLions do not relieve the cont,racLorof his responsibility to obtain a street cut'pernit fron tbe Town of VaiI, Department' of, Public works and to obtain ugi-IilvLocatioJrs .bef-oredigqinq in any public right-of,-way.or.easemeng in t,fre rown of VaiI. A Elulldinq pqEmit-is not g street-cut permit. A sLreet cut permit nusg be 4. 5. obsained separat,ely. * Flease bring a site plan, floor planr and el.evations shen obt,aining Upper Eagle.Vailley*Water -&-Sanigation'signaEures. Fire flow needs musE be addressed. 'o*o"* to. , g.oi.o,zg-c3 DATE OF POLICY: October 07, AMOIINT OF INSIIRANCE: S 92, ' SCITEDUIJE A POLICY NO. : O-9993-328188 1994 at. 1:37 P.M. 500 .00 1 NAME OF INSI]RED: MICHAEIJ LAUTERBACH 2. THE IS: Fee ESTATE OR ITITEREST IN THE LAND wHrCH IS Simple COVERED BY THIS POLICY 3.TITLE TO THE ESTATE MICHAEL LAUTERBACH THE I,AND REFERRED TO COUNTY OF EAGLE, AND Lot 3,Block 3, BIGHORN SUBD]VISION OR INTEREST IN THE I,AND IS VESTED IN: THIS POLICY IS TN THE STATE OF COIJORADO, DESCRIBED AS FOLLOWS: THIRD ADDITION AMENDED PLAT STEWART TITLE GUARANTY COMPANY IN IS COUNTERSIGNATURE SCHEDULEB-SECTION2 EXCEPTIONS ORDER NWBER: 94OLO729 THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING T'NLESS THE SA.I"IE ARE DISPOSED OF TO THE SATTSFACTION OF THE COMPANY: 1. RTGHTS 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 BOI'NDARY LINES, SHORTAGE IN AREA. ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SIJRVEY AND INSPECTION OF THE PREI.4ISES WOULD DTSCLOSE AND WHICII ARE NOT SHOWN BY THE PUBLIC RECORDS.4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FT'RNISHED, II{POSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS.5. DEFECTS, LIENS, ENCI'MB.RANCES, ADVERSE CI"AIMS OR OTHER MATIERS, IN ANY, CREATED, FIRST APPEARING IN THE PT'BLTC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS. COMMITMENT.6. UNPATENTED MTNING CLATMS; RESERVATIONS OR EXCEPTIONSIN PATENTS OR AN ACT AUTHORIZING THE TSSUANCE THEREOF' WATER RIGHTS CLAIMS OR TITLE TO WATER. NOTE: I'MECHANTC,S LTEN'' AND/OR IIGAPII PROTECTION (EXCEPTIONS 4 AND 5 ABOVE) MAY BE AVAII,ABLE WITH AN OWNER'S POLICY OF TITLE INSI'RANCE ON RESIDENTTAT PROPERTY UPON COMPLIANCE WITH STEWART TITLE GUARANTY REQUIREMENTS. PLEASE CALL FOR FURTHER INFORMATION AS TO THOSE SPECIFIC REQUIREMENI (S) NECESSARY TO OBTAIN THIS COVERAGE. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or otherdistrict oi'inclusi.on in any water service or street improvernent area. 9. Reservatj.ons or exceptions in Patents, or in Acts authorizingthe issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United states Patent of record. Continued on next page .4. CONTINT'ATION SHEET SCHEDULEB-SECTTON2 EXCEPTIONS Pursuant to Senate Bill 9L-14 (C.R.S. 10-L1-122) Notice is herebygiven that: ORDER NWBER: 94OTO729 10. Easements, restrictions and rights-of-ways as shown on the Plat of Bighorir suUaivision, Third Addition, Amended Plat,--recglqld June 5, Lg63 as Reception No. 975LO and as Reception No- 98059. 11'. Terms, conditions, reservations, restrictions and obligations as contained in the Protective covenants for Bighorn SubdivisionThird Addition, recorded in Book 175 at Page 135 and in Amendment to D6claration of Protective Covenants for Bighorn Subdivision, Third Addition Arnended Plat, recorded April 23' 1965 in Book L87 at Page 195. 1.2. A ten percent non-participating royalty- in and to- proceedsderived from the sile of minerals, of whatsoever kind and nature, produced and rnined from the said premises, as reserved to Gust i<iahtipes and Eva.J. Kiahtipes by instrurnent recorded November 2, 1962 in Book L66 at Page 407, and any and all assignmenti, thereof. or interests therein conveyance. recorded Septernber 19, 1966 in Book 200 at Page 143 as Reception No. 104 589 13. Easement for construction and maintenance of gas distribution system in roads of eighorn Subdivision, granted to Gas Facilities, Inc., by the instrument recorded in Book 19o at Page 405 as Reception No. 1Ol-914. a) The subject real property rnay be located in a specialtaxing district; b) A certificate of taxes due tisting each taxingjurisdiction nay be obtained from the count! Treasureror the county Tieasurer's authorized agentr' c) fnformation reqardinq speci.al districts and the' boundaries of 5uch distiicts may be obtained from the board of County Cornmissioners' the county Clerk and Recorder, or the county Assessor. (c,R.s. LO-LL-L2?) Notice is hereby Continued on next pagePursuant to senate BilI 92-143 \rt l.. TOWNOF VAIL RECEIPT NO. ARTMENT OF COMMTJNITY DEVELOPMENT I'ATE C1IECKS MADE PAYABI,E TO TOWN OF VAIL ACO(ENT?{O. 0r 0000 41540 ZONING AND ADDRESS MAPS $5.00 at oaOa 42415 UMFORM BUILDING CODE $54.Ot) 0l 000042415 I.JNIFORM PLUMBINC CODE $39.00 0l 000042415 UNIFORM MECHANICAL CODE $37.00 0l 000042415 TJNIFORM FIRE CODE $36.00 01 0000 42415 NATIONAL ELECTRICAL CODE $17.00 0 r 0000 4241s OTITb,R CODE B(X)KS 0l 000041548 BLUE PRINTS (MYLARS)$7.00 0t 0000 424t2 XEROX COPIES $0.25 or 0000 424t2 STUDIES 0t 0000 42412 TOVFEES COMPUTER PROGRAM $5.00 0l 000042371 PENALTY FEES / RE-INSPECTIONS 0t 0000 41332 PLAN REVIEW RE-CHECK FEE t$40 PERHR,] 0l 000042332 OFF HOURS INSPECTION FEES 0t 0040 41412 CONTMCTORS LICENSES FEES 0l 000041413 SICN APPLICATION FEE $20.00 0t 000041413 ADDIT-IONAL SIGNAGE I.EE t$ I .OO PER SQ.FT.I 0l 00ul4.z!4q{1 0000 4133LffillT VTC ART PROJECT DONATION PRE PAID DESIGN RI,VIEW BOARD FEE *(I) II,IVESTIGATION FEE (BUILDI NC) 3 t 00fi) 451 l0 TOV PARKING FUND 0t 0000 22027 TOV NEWSPAPER DISPENSER FUND* 0l 0000 2llt2 TAXABLE @) 4% (STATE) * 0t 0000 41010 TAXABLE @4% (TOWN) 0t 0000 42371 BUILDING INVESTICATION OTHER .PX(j AfPLICATION TEES 0l 0000 4l 330 \UUI I IONAL UKIA "Z)U'szoo.0u 0l 000041330 CONDITIONAL USE PERMIT $200.0o 0l 000041330 EXTERIOR ALTERATION TLESS TIt^N IOO SO.FT.I $200.00 0t 00m41330 EXTERIORALTERATION IMORE TITAN IOO SO.FT.I $500.00 0r 000041330 SPECIALDEVELOPMENTDISTRICT TNEWI ti1.500.00 0r 0000 41330 SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDI xiI,un.oo 0r 00004t330 SPFCIAL DEVELOPMENT DIffi $200.oo 0l 0000 41310 iUBfIIVISION 0l 000041330 VARIANCE $250.00 0r 0000 41330 ZONING CODE AMENDMENTS $250.00 0l 000041330 KB - ZUNINC $200.00 OTHER OTHER ITOTAL:.4:U aar\i\rFNTq. GJ\ISE r I cK.#t M.OL] TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department August 22,1994 A request lor a variance from Section 18.69.040 (Development Restricted) of the Vail Muriicipal Code to allow for the construction of a building on slopes greater than 40% for a site located at 4403 Bighorn Road/Lot 3, Block 3, Bighorn 3rd Addition. Applicant: Betty Luke, represented by Mike LauterlrachPlanner: Jim Curnutte/Randy Stouder ;i4 w,, The applicant is requesting a variance in order to allow for the construction ol {r*t / t*'^,lro,fl.f W, employee housing unit on a portion of Lot 3, Block 3, Bighorn 3rd Addition, whlcfi has a slope u'!$,- ,nr.r4lgreaterthan40%. Section 18.69.040of theTownof Vail'sHazard Regulationsstatesthat"no 'ytl, lutr structure shall be built on a slope ol 40/" or greater except in Single Family Residential, Two I Family Residential, or Two Family Primary/Secondary Residential zone districts. Lot 3 is zoned Residential Cluster (RC). The purpose of the Hazard Regulations section of the Town of Vail Municipal Code is to: "Help protect the inhabilants of the Town from dangers related to development of floodplains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to llooding and avalanche or ulate on steep slopes; to protect the economic and property own to prolect the aesthetic and recreational values and natural resources of the Town,which are someiimes areas-'' in slopes; to minimize damage to public facilities and utilities and minimize the need for relief and clean up operations; to give notice to the public of certain areas within the Town where floodplains, avalanche areas. and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare." The Town defines slope as "the gradient or configuration of the undisturlced land surface prior to site improvemenl on a site, or parcel which shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope"..." I The applicant has stated that the requested variance is necessary in-.Qrder to allow for the retention of all of the old growth qees,on the so"utheast side of the lot Although the applicant intends to conslruQt a single family residence on this side ofthetdf,-he would stay away from most of the trees located there. The-site plan presented bv thg applicant shows that only two woultlbe very clb5e-fo seven othei spgrce-trbes. ll the applicant were to move the building southwestern portion of the lot. The applicant has provided only a preliminary site plan in conjunction with this variance request. However, if a variance is granted allowing the applicant to construct the Type lll EHU in the 40% portion of Lot 3, he would then request a conditional use permit to proceed with Planning and Environmental Commission (PEC) review ol the EHU, including detailed floor plan and elevation drawings. II. ZONING STATISTICS Allowed under RC Zonino Prooosed Lot Size: Total Buildable Area: .Density: GRFA: Site Coverage: Landscaping: Building Height: Setbacks: 0.7135 acre or 31,080 sq. ft. Same 13,982 sq. ft. 6 DU's per buildable acre or 1.92 DU's 3,721 sq. lt. 25/o or 7,700 sq. ft. 607" or 18,648 sq. ft. Front: 20' Sides:'15' Rear: 15' Same 1.5 DU's 3,721 sq. ft. 16% or approximately 2,250 sq. ft. 89% or 27,700 sq. ft. N: 155'S: 20'E: 25'W: 35' 30 feet for flat or mansard roofs 33 feet or less 33 feet for sloping root -The applicants proposal includes one unrestricted dwelling unit and one Type lll EHU, which counts as 0.5 of a dwelling unit for a total proposed density of 'l .5 DU's. ovej,asjar tolhe easl as afiowed bli.setbacks, he would be removing an additional four treeq /.atrd n he went further north, three or four more trees would have to be removed, including one\ 1!19!9a!!prr spruce tree. .Th room for th-e --consliuction of his proposed Type lll EHU without going into the 40% slope-rea e o III. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL Upon review of the Criteria and Findings, Section 18.62.060 ol the Vail Municipal Code, the Community Development Department recommends denial ol the requested variance based on the following factors: A. Consideration of Factors: . 1. The relationship ot the requested variance to other existing or potential uses and structures in the vicinity. Although the proposed development within the 40% slope area would not appear to negatively impact other existing or potential uses and structures in the vicinity, the statf is concerned with the amount of site disturbance that would result if the proposed EHU was to be constructed in the steeper portion of the site. As shown on the applicant's site plan, the proposed 3ojoot by 30- . Staff believes that the applicant has not to minimize the of the buildings encroachment into the 40% slope area. Although there is some merit in attempting to save the larger trees along the eastern side of the property, staff believes that none of these trees are of a significant enoug[ b++rppert-d-v'driarse-to builet-in slapes greater than 40"/oyfhe DES@ Review Board (DRB) typically allows applicanl--to rembte-oir6l-ocate trees on a site, il they are located in the best possible area lor development (i.e. flat slopes). amount e staff believes it is possible to construct a single lamily residence and a Type lll EHU, utilizing all of the allowed GRFA on this property, without encroaching into the slopes greater than 407.. 2. The degree to which relief lrom the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the obiectives of this title without grant of special privilege. It appears that the applicant is requesting undue or excessive relief from the 40% slope , stafl believe it would be a grant special tafl believes that the area oi the lot which density and GRFA to be or tcconstruct-{he can be replaced or relocated, in conjunction with DRB or buildings. The Town of Vail regulations do allow for the construction of buildings on slopes steeper than 40% if the property is zoned Single Family, Duplex or PrimaryiSecondary Residential. Although the applicant is essentially only proposing two single{amily structures, staff does not believe that a variance is warranted since we leel there is sulficient area on the site to accommodate the allowed density and GRFA. foot the 3. The effect of the requested variance on light and air, distribution ot population, transportation and traflic tacillties, publlc facalities and utilities, and public safety. Staff believes that the proposed buildings will have no impact on any of the above criteria. B. The Planninq and Environmentd Commission shall make the followinq findinqs before qrantino a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of lhe variance will not be detrimental to the public health, safety or wellare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IV. STAFF RECOMMENDATION Stafl recommends denial ol the requested variance from Section 18.69.040 of the Town of Vail Hazard Regulations in order to construct a building on portions of the lot that has slopes greater than 40%. Although stalf does not believe that approving the variance will be detrimental to the public health, safety or welfare, we believe that the requested variance is not warranted. We believe that the requested variance would constitute a grant of special privilege inconsistent with the limilations on other properties classified in the same zone district. Additionally, staff does not believe that the strict literal interpretation or enlorcement of this specified regulation would result in any practical difficulty or unnecessary physical hardship inconsistent with the oblectives of this title. Staff does not believe that there are exceptions or extraordinary circumstances or conditions applicable to the lot that do not generally apply to other properties in the same zone district. Nor does staff believe lhat the strict interpretation or enforcement of the specified regulation would deprive the applicant ol privileges enjoyed by the owners of other properties in the same zone district. c:\pec\memos\luke.822 > <LJ Hr',3g Egijt'Eb H3E=ooroo iiii, ll:ll liiii El liil iiiiffi iiiii+ ;i o l8t .tt' ..'--.:J l- q. ai ------:,: LE ii|,r{.? I * II I IIII :ii h: tUltt o lfl) ,,\ at/// /l,/o +\+"'o++Jr('f a F \{ iiir o PLANNING AND ENVIRONMENTAL COMMISSION August 22,1994 AGENDA Proiect Orientation/Lunch 11:15 a.m. Site Visits 12:00 p.m. Lifthouse Lodge Lionshead Center Children's Center Tent Ron Byrne/126 Forest Road Betty Luke/4403 Bighorn Road Drivers: Mike and Randy Public Hearino 2:00 p.m. 1. A request for a conditional use permit to allow for a Type ll employee housing unit located at 126 Forest Road/Lot 5, Block 7, VailVillage 1st Filing. Applicant: Ron ByrnePlanner: Jim CurnutteiGeorge Ruther 2. A request for a conditional use permit to allow for a tent to be used for the Vail Associates ski school to be located south of the Lionshead Center Building/Tract A, Vail Lionshead 3rd Filing. Applicant: Joe Macy, representing Vail AssociatesPlanner: Andy Knudtsen/George Ruther 3. Proposed lext amendments to Chapter 18.38, Greenbelt and Natural Open Space District and Chapter 18.36, Public Use District, of the Vail Municipal Code and the crealion of Chapter 18.33, Outdoor Recreation District. Applicant: Town of Vail Planners: Jim Curnutte and Russ Forresl 4. A request for a variance from Section 18.69.040 (Development Restricted) of the Vail Municipal Code to allow for the construction of a building on slopes greater lnan 40o/o for a site located at 4403 Bighom Road/Lot 3, Block 3, Bighorn 3rd Addition. Applicant: Betty Luke, represented by Mike LauterbachPlanner: Jim Curnutte/Randy Stouder aua 5. A request for setback and site coverage variances and a major exterior alteration in Commercial Core ll (CCll) for the Lifthouse Lodge, located at 555 East Lionshead Circle, legally described as a portion of Lot 3, Block 1, Vail Lionshead 1st Filing. Applicant: Robert T. and Diane J. LazierPlanner: Jim CumutteiMike Mollica 6. A request for a worksession for a m4or amendment to the Glen Lyon SDD to allow for a revision to the master plan to allow lor the expansion of the Glen Lyon Otfice Building located at 1000 South Frontage Road West/Area D, Glen Lyon SDD. Applicant: Pierce, Segerlcerg and AssociatesPlanner: Andy Knudtsen/Mike Mollica TABLED TO SEPTEMBER 12, 1994 7. A request for a setback variance to allow lor a new residence at 5128 Gore Circle/Lot 4, Block 3, Bighorn Sth Addition. Applicant Ghislaine de Teronanne de Fernandez/represented by Duane PiperPlanner: Andy Knudtsen TABLED INDEFINITELY L A request for height and density variances and a major CCll exterior alteration to the L'Ostello building located at 705 West Lionshead Circle/Lot 1, Block 2, VailAionshead 3rd Filing. Applicant: Alien, Inc./John DunnPlanner: Randy Stouder TABLED INDEFINITELY 9. Approve minutes from August 8, 1994 PEC meeting. 10. Council Update: .EHU/Common Area Ordinance - passed on lirst reading. 2 Lot 3, Block 3, Bigfiorn Third Addition 4403 Bighorn Road Variance Request Iuly 25,1994 I am seeking a variance at the August 22, 1994 PEC meeting which would allow a residential structure to be located within the 407o slope on the southwestern portion of the lot up to a contour level of 8,464 feet. Granting a variance would allow retention of all of the old growth trees on the southeast side ofthe lot with only one residence situated within that region. Another structure could then be placed to the west where there are no trees but where slopes exceed 40%. V€hicular acoess to the site is proposed from Bighorn Road where road elevations at the point of entry would approximate 8,456 feet. The Bighom Road right-of-way would be filled somewhat to provide access in front of the residences at an elevation of approximately 8,458 feet with an appropriate culvert installed for drainage. Additionally, I am seeking a variance to include a third residence on the site. The residence would be included within the allowable GRFA for the site, conform to parking requirements, display the applicable Town of Vail deed restrictions, and be located within a duplex structure on the west side of the lot. This request is made solely to increase the supply professional housing within the Town of Vail boundaries. '- >f.'14 Mchael Lauterbaoh Date I. r€vised L0l5/92 lication Date July 25, 1994 ADDRESS P.O. Box 3451 Vall, Colo 816s8 PHONE 476-6944 NAME OF ADDRESS PHONE NA.Ir{E OF Ov{NER(S) (type or print)BetEy Luke owNER(s) srGNAruRE (s) ADDRESS 2202 llercules Drive Colorado Sprinss. Colo 80906 PHONE L 3O3 634-2690 D. LOCATION OF PROPO LOT 3 ?BLOCK - FILING ADDRESS 4403 Bighorn Road FEE $2so.oo PArq/fifl(K t iq47 BY THE FEE MUST BE PATD BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT WILL ACCEPT YOUR PROPOSAL, Stamped, addressed envelopes of the names of owners ofall property adjacent to the subject property INCLUDING PROPERTY BEHIND AND ACROSS STREETS, and a list of their names and maiLing addresses. THE APPLICANT WILL BE RESPONSIBLE FOR CORRECT MAILING ADDRESSES II. A pre-apptication conference with a planning staff member isstrongly suggested to determine if any additionalinformation is needed. No application wilI be acceptedunless it is complete (rnust include all items reguired bythe zoning administrator). It is the applicant,sresponsibility to make an appointment with the staff to findout about additional submittal requirements. rII. PLEASE NOTE TTNT A COMPIJTE APPLICAT]ON WILL STREAMLTNE THE APPROVAL PROCESS FOR YOUR PROJECT BY DECREASING THE N('MBER B.APPLTCANT' s REPRESENTATTvE N/a SAL: LEGAL DESCRIPTION: Bishorn 3rd Addi tion E. F. T(]|V .[Uly|lul. DEV. DEff I,IEETJNG DATE A"9""' 22' P4 APPLICATION FOR } \'ARIIIICE DECFI,.VIHNlnl,il* -\lll l:li.H:::"1il: li'ii$il:S iii"l:.o;:j:::";ffi";iiil1 iilssq (&' infornation is submitted A. NAME oF AppLrcANr Michaer "",,..'0."n TOV ''C0MMffi' D[PT' oo ,ryffi,x^ - .4']l: I ktt"t'-^'4 1,,1 ,,/ | |(/l \ Lot 3, Block 3, Bighom Third Addition Adjacent Lots luly 25,1994 Lot 4 - Michael Lauteftach PO Box 3451 Vail, Colorado 81658 The Victorians - Lot 2 Lot I -GaryandJanLyons 81 Indian Cloverfhive Woodlands, Texas 77381 Lot2 - Margo P. Davis l00l Bayaud Avenue Denver, Colo 80209 Lot 3 - Walter J. Rasmussen l6l6 l4th Street Unit 4D Denver, Colo 80202 I-ot 4 - Frank D. IVlatthews 436 Fillmore Street Denver, Colo 80206 Lot 5 - Michael Lotmaq Brenton Ver Ploeg & Anthfa Ver Ploeg 1024l2th Street #6 Santa Monica, Calif 90403 Colorado Department of Highways Mr. Chuck Dunn PO Box 2107 Grand Junction, Colo 81502 Bighorn Fourth Addition Lot8-RanierGemgross 24BayPine IfiltonHead, South Carolina 29928 ,r$ 1 rflz1ai- srrl-o*l(f t\) THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the ToWn of Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the Town of Vail on August 22, 1994, at 2:00 P.M. in the Town of Vail Municipal Building. ln consideration of: 1. Proposed text amendments to Chapter 18.38, Greenbelt and Natural Open Space District and Chapter 18.36, Public Use District, ol the Vail Municipal Code and the creation of Chapter 18.33, Outdoor Recreation District. Applicant: Town of Vail Planners: Jim Curnutte and Russ Forrest 2. A request for a worksession for a major amendment to the Glen Lyon SDD to allow for a revision to the master plan to allow for the expansion of the Glen Lyon Office Building located at 1000 South Frontage Road WesVArea D, Glen Lyon SDD. Applicant: Pierce, Segerberg and Associates Planner: Andy Knudtsen 3. A request for a conditional use permit to allow lor an expansion to the administration building located at 1309 VailValley Drive/Unplatted parcel located north of the l-70 Right-Ol-Way, norlh of Vail Village, 8th Filing. Applicant: Town ol Vail, represented by Greg Hall Planner: Andy Knudtsen 4. A request for a setback variance to allow for a new residence at 5128 Gore Circle/Lot 4, Block 3, Bighorn 5th Addition. Applicant: Ghislaine de Teronanne de Femande/represenled by Duane Piper Planner: Andy Knudtsen 5. A request for a conditional use permit to allow lor a tent lo be used for the Vail Associates ski school to be located south of the Lionshead Center Building/Tract A, Vail Lionshead 3rd Filing. Applicant: Joe Macy, representing Vail Associales Planner: Andy Knudtsen A requesl for a variance from Section 18.69.040 (Development Restricted) ol the Vail Municipal Code to allow for the construction of a building on slopes greater than 40% for a site located at 4403 Bighorn Road/Lot 3, Block 3, Bighorn 3rd Addition. Applicant: Betty Luke, represented by Mike Lauterlcach Planner: Jim Curnulte 7. A request for setback and site coverage variances and a major exterior alteration in Commercial Core ll (CCll) tor the Lifthouse Lodge, located at 555 East Lionshead Circle,legally described as aportion of Lot 3, Block 1, VailLionshead 1st Filing. Applicant: Robert T. and Diane J. Lazier Planner: Jim Curnufte 8. A request for a conditional use permit to allow for a Type ll employee housing unit located at 126 Forest Road/Lot 5, Block 7, VailVillage 1st Filing. Applicant: Bon Byrne Planner: Jim Curnutte g. A request for height and density variances and a major CCll exterior alteration to the L'Ostello building located at 705 West Lionshead Circle/Lot 1, Block 2, Vail/Lionshead 3rd Filing. Applicant: Alien, Inc./John Dunn Planner: RandY Stouder 2. SCHEDULE A ORDER NIIMBER: 94OLO729 EFFECTIVE DATE: July 18, L994 at 8:00 A.M. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE A. ALTA OWNER'S POLTCY $ TBD PROPOSED TNSURED: TO BE DETERMTNED B. ALTA LOAN POLICY $ PROPOSED INSI,JRED: C. ALTA LOAN POLICY S PROPOSED INSTIRED: THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFEC?IVE DATE HEREOF VESTED IN: WILLIAM T. LUKE and BETTY LUKE (See Requi-rements) THE LAND REFERRED TO IN THTS COMMITMENT IS DESCRIBED AS FOLLOWS: Lot 3,Block 3, BIGHORN SUBDIVISION THIRD ADDITION A},IENDED PLAT COUNTY OF EAGLE STATE OF COLORADO THIS COMMTTMENT WAS PREPARED ON JULY 25, L994. FOR QUESTIONS PLEASE CALL LrNDA WTLLTAMS AT (303)949-1011. PREMIW: OWNERS: to: L80. 00 Michael J. Lauterbach STEWART TITLE OF EAGLE COUNTY, INC.P.O. BOX 2000VAIL, CO.81658 (3O3 ) 949-r.011- ? 4. COUNTERSTGNATURE SCHEDULEB-SECTION]. ORDER NUI"IBER: 9401-0729 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOITNT OF THE GRANTORS OR MORTGAGORS OF THE FULI, CONSIDERATTON FOR THE ESTATE OR INTEREST TO BE INSURED. ITEI{ (B) PROPER INSTRIIMENT (S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FTLED FOR RECORD, TO WTT: l-. Execution of affidavit as to Debts and Liens and its return toStewart Tj-tle Guaranty company. 2. Evidence satisfactory to Stewart Title cuaranty Company of payment of all outstanding taxes and assessments as certi-fiedby The Eagle county Treasurer. 3. NONE NOTE: There appears of record, recorded on March 25, L976in Book 245 at page 486 as Reception No. 141659 a Commissioner's Deed Under Power of Court from Clerk of theEl Paso County District Court, conveying subject propertyto Betty J. Luke. Said deed refers to an Order of Court No. of79725, ElPaso District Court. Said Order does not appear ofrecord. NOTE: For an addi-tiona3. charg'e, Stewart Title of Eagle Countywill provide any copies of exceptions as shown on Schedule B -Section 2. SCHEDULEB-SECTTON2 EXCEPTIONS ORDER NUMBER: 94OtO729 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: ].. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. 2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY TH8 PUBLIC RECORDS. DISCREPANCIES, CONFLICTS IN BOTJNDARY LINES, SHORTAGE TN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND TNSPECTION 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 FTIRNTSHED, TMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS.5. DEFECTS, LTENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IN ANY, CREATED, FTRST APPEARING TN THE PUBLTC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMM]TMENT.6. UNPATENTED MINING CLAIMS; RESERVATIONS oR EXCEPTIONSIN PATENTS OR AN ACT AUTHORIZING THE TSSUANCE THEREOF; WATER RIGHTS CLAIMS OR TITLE TO WATER. NOTE: TTMECHANIC'S LIEN'T AND/OR rrGAPil PROTECTION (EXCEPTTONS 4 AND s ABOVE) MAY BE AVATLABLE WrrH AN OWNER'S POLTCY OF TTTLE INSURANCE ON RESIDENTTAI., PROPERTY UPON COMPLIANCE WITH STEWART TITLE GUARANTY REQUIREMENTS. PLEASE CALL FOR FI'RTHER INFORMATION AS TO THOSE SPECIFIC REQUIREMENT (S) NECESSARY TO OBTATN THIS COVERAGE. 7. Any and all unpaid taxes and assessments and any unredeemed taxsales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or otherdistrict or inclusion in any water service or street improvernentarea. 9. Reservations or exceptions in Patents, or in Acts authorizLnqthe issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of theUnited States, as reserved in United States Patent of record. Continued on next page ? CONTINUATION SHEET SCHEDULEB-SECTTON2 EXCEPTTONS ORDER NUMBER: 94OIO729 10. Easenents, restrictions and rights-of-ways as shown on the Platof Bighorn Subdivision, Third Addition, Arnended Plat, recorded June 3, L953 as Reception No. 97510 and as Reception No. 98059. l-1. Terms, condj,tions, reservations, restrictions and obligations as contained in the Protective covenants for Bighorn Subdivision Thi-rd addition, recorded in Book l-75 at Page 135 and in Amendnent to Declaration of Protective Covenants for BighornSubdivision, Third Addition Amended Plat, recorded April 23, 1955 in Book 187 at Page 195. L2. A ten percent non-participating royalty in and to proceedsderived from the sale of minerals, of whatsoever kind andnature, produced and mined fron the said premj.ses, as reservedto Gust Kiahtipes and Eva J. Kiahtipes by instrument recorded November 2, 1962 in Book l-65 at Page 407, and any and a1l assignments, thereof or interests therein conveyance recorded september 19, 1"965 in Book 200 at Page l-43 as Reception No. 104689. l-3. Easement for construction and maintenance of gas distribution system in roads of Bighorn Subdivision, granted to GasFacilities, Inc,, by the instrument recorded in Book 19o at Page 405 as Reception No. 7O1,9L4. Pursuant to Senate B1II 91-14 (C.R.Sqiven that:IO-1-I--L?Z) Notice is hereby (C.R.S. LO-LL-L22) Notice is hereby Continued on next page a) The subject real property may be located in a specialtaxing district; b) A certificate of taxes due listing each taxingjurisdiction rnay be obtained frorn the county Treasureror the County Treasurer's authorized agent; c) Information regarding speciaL districts and the boundaries of such districts rnay be obtained from the board of county Commissioners, the county Clerk andRecorder, or the county Assessor. Pursuant to Senate BiJ.l- 92-143 CONTTNUATTON SHEET SCHEDULEB-SECTION2 ORDER NI'MBER: 94OLO729 given that: A certificate of taxesshall be obtained frornTreasurer's authorized EXCEPTTONS due listing each taxingthe County Treasurer or aqenc. jurisdictionthe County TOWN OFVAIL ARTMENT OF COMMUNITY DEVELOPMENT ""*_aL-,z/ XEROXCOPIES ART PROJECT DONATION 01 0{n0 42371 ! l"ir: J ., l, il ., *,' o.. i. Art Abplanalp, represenling David and Alexandra Ransberg, stated he previously had concerns about how the rezoning would occur and that it was his understanding that most of the currently zoned Greenbelt and Natural Open Space parcels of land were owned by the Town or private owners who did not object to the rezoning. John Henchman, a property owner adjacent to Booth Creek, stated he was in favor of the text changes with regard to the Agricultural and Open Space zone district. He felt that the proposed Outdoor Recreation or Natural Area Preservation zone dislricts would be more appropriate. Patricia March, a property owner on Booth Falls Road, stated that she basically concurred with John Henchman's comments. She was concerned about golf courses being removed from the conditional uses category and asked staff whether any environmental impact studies had been conducted with regard to golf courses. Russ Forrest stated that water quality studies had been conducted in reference to the proposed Par-3 golf course and that there were other wetland issues as well. Stan Cope, representing the Lodge Tower, asked staff to clarify whether golf courses would still be a conditional use in the General Use District' Russ Forrest replied that golf courses would still be a conditional use. Dalton Williams inquired how the rezoning process would be initiated. Mike Mollica stated that a rezoning process could be initiated by the Town Council or by the zoning administrator. Dalton Williams, Allison Lassoe, Jeff Bowen, Greg Amsden and Bill Anderson stated that they had no lurther comments. Kathy Langenwalter stated that the PEC is concerned with the ski base area and that they intend lo create a Ski Base Recreation zone district to address Vail Associates' concerns. Jefl Bowen made a motion to approve the proposed text amendments to Chapter 18.38, 18.36, and 18.33 per the staff memo with Dalton Williams seconding the motiol. A 6-0 vote approved the text amendments. L A request for a variance from Section 18.69.040 (Development Restricted) of the Vail Municipal Code to allow for the construction of a building on slopes greater than 40% for a site localed at 4403 Bighom Road/Lot 3, Block 3, Bighorn 3rd Adclition. Applicant: Betty Luke, represented by Mike Lauterbach Planner: Jim Curnutte/Randy Slouder Randy Stouder made a presentation per the staff memo. He stated that stalf was recommending denial of the requested variance as staff feels that it would be possible to construct a single family residence and a Type lll EHU, utilizing all of the allowed GRFA on this property, without encroaching into the slopes greater than 407o. Planning and Environmemal Commission Meeting Minutes Auoust 22. 1994 o I 10. Mike Lauterbach, representing the applicant, stated that the reason they were asking for the variance was to accommodate lhe EHU which he envisioned to be a housing unit for a local professional. He stated that this site has the potential for an EHU and that he did not leel strongly either way about whether the unit should be constructed. He added that if he located the EHU elsewhere on the site that more trees would be removed. Bill Anderson stated that because the property is zoned Residential Cluster, he did not feel that he could support building into the 40% slope. Greg Amsden felt that there was enough room on the site to locate the single family residence with the EHU behind it. He added that it would require the removal ot trees which could be replaced at a 1:1 ratio. Jeff Bowen stated that he did not see a hardship to warrant the variance and that he felt that trees could be removed in order to accommodate the proposed EHU. Allison Lassoe had no additional commenls. Dalton Williams stated that the applicant's desire lo add employee housing was positive but that he did not feel that a hardship existed on the site. Kathy Langenwalter concuned with the other PEC rnembers comments' Jeff Bowen made a motion to deny the request Jor a variance from Section 18.69.040 ol the Vail Municipal Code to allow for the construction of a building on slopes greater than 40% per the findings contained in the statf memo with Bill Anderson seconding the motion. A 6-0 vote approved this request. Kathy Langenwalter then adjourned the PEC into an executive session. A request for selback and site coverage variances and a major exterior alteration in Commercial Core ll (CCll) for the Lifthouse Lodge, localed at 555 Easl Lionshead Circle, legally described as a portion of Lot 3, Block 1, Vail Lionshead lst Filing' Appficant: Bobert T. and Diane J. LazierPlanner: Jim Curnutte/Mike Mollica Kathy Langenwalter stated that the PEG members had agreed not to require Condition 8, of the statf memo, as a condition of approval for this request. Mike Mollica made a presentation per the staff memo. He stated that statf was recommending approval of the applicant's request for variances to the south and easlem setbacks and the site coverage variance, as well as the major exterior alteration request with the eight conditions outlined on Pages 10 and 11 of lhe staff memo. Jay Peterson asked whether the roof line needed to be carried to the northeast end of the building. Planning and EnviEnmsntal Commission Maeting Minutes August 22, r99,t hwn 75 soutb trontage road y',ll, colo|ado 8',657 (303) 476_7000 .January .|2, '1994 otllc. ot communlry developmcnl Ski and Shore Realty Re: Lots I , 2, 3, Block 3 Bighorn 3rd This is to verify that the above lots are zoned Residential clusterand the al'towabrl GRFA woutd-ie-zsy"-ot il'e ouiraiui;-;i;; area, rlhichexcludes any property over 40% slope. According.to our records, rot 'l would be ailowed 4 units, rot 2 wou.rdbe allowed 5 units, and iot 3, 2 units. Si ncerely, ,/T\\ \ ..'- \ {r"-nn,\6 kn "'"ToM BRAUN 'w-\-' Town Planner TB: br lnwn box 10O vail. colorado 81657 (3031 47e5fi3 department of community development April 24, 1981 Betty J. Luke 2202 Hercules Drive Colorado Springs, Colorado 80906 Dear Mrs Luke: Yes, your ex-husband has appeared several times over the recent months before our P'lanning and Environmental Cormission and Town Council. The lot in question is zoned for 2 dwelllng units and lr1r. Luke has attempted to receive a variance to that allowab'le density for the right to build 3 units on the property. Both the Planning and Environmental Cottlttission and Totn Council have denied the variance request because no ptysical hardship was shown. The Councjl's decision, which .is the final one, came on April 7th. The vote was unanimous. P'lease contact me if you have further questions. SincgrflV, A. Peter Patten, Senior Planner APP:df Jr. l'-' April 21, 1981 Mr. Peter Patten Tovrn of Vail Box 100 Yail, Colorado 8L657 Dear Mr. Pattenl ft has eone to ny attention that my ex-husband William T. tuke, has begn neetlng uith you and the tovrn of Yail' coneerrrlng ny lot Lot # 3, Block 3, Blghorrr 3 r9.'Addltion, I w.ould llte to brow the current stendlng on buildable unlts for ny lot and I would t i;: al.so like to kno; the outcone of the neeting of April ?,th. I underr gtand that ny lot wae dicuieeed and thai Yillian ts. Luke attended the meeting. ffi%nerfy d/ !ul(e 2202 }l6rcules Dr. CoLorado Sprlngs, Colorado 80905 rR'^' W:#,:#:#"ff"t*'!,;=, t /3Fnr e r fo., tl o ,uil. of VA't | - ' -t or^l J Cora vet L box lfl) qil. mlorado 81657 {303) 47Gs6t3 department of community development I'larch 2, 1981 l,lr. Willian Luke 950 Jasnine Denver, Colorado 80220 Dear I'tr. Luke, This letter is to officially notify you that the Town of Vail wilL allow two (2) dwelling units to be constructed ogot 3, , Block 3, Bighprn Srd Addition. As you are aware, the.orTg-fiEf- calculations showed that the 40t slope area on the lot dictated only one (1) unit would be allowed. After ny own recalculation of the area of 40t slope or more, I found that the first calculation was in error, and that 2 dwelliag units are allowed under the Residential Cluster (RC) Zone District. I hope this seryes toclarify the allowed nunber of writs for the property. If you have any further questions, please contact ne at ny officeat 476-7000 x237. Sircerely, )laZa-fuQ A. PETER PATTEN JR / Sen ion Planner APP:bpr I I box l(Xl vail, colorado 81657 (3{t3l 47&5613 department of community dwelopment l'larch 2, 1981 l'tr. Willian Luke 950 Jasnine DeDver, Colorado 8b22O Dear lrtr. Luke, This letter is to officially notify you that the Toum of Vailwill allow two (2) dwelling units to be constructed on lot 3, Block 5, Bighorn 5rd Addition. As you are aware, the original calculations showed that the 40% slope area on the lot dictated only one (1) unit would be allowed. After ny oun recalculation of the area of 40t slope or more, I found that the first calculation was in exror, and that 2 dwelling tmits are allowed under the Residential Cluster (RC) Zone District. I hope this serves toclarify the allowed nunber of rmits for the property. If you have any further questions, please contact ne at ny office ax 476-7000 x237. Sincerely,aZa-) A. PETER PA Sen ion Planner APP:bpr TO: FROM: SUBJECT T DATE: PLANNING AND ENVIRONMENTAL COMMISSION DEPARTMENT OF COMMUNI1Y DEVELOPMENT/PEI'ER PATTEN Suppl enentary neno on Luke Variance request January 26, l9Bl Enclosed, youtll find a copy of the previous menorandun concerning the Luke Variance Tequest so that you can refresh your menony fron two weeks ago. wetd like to re- ernphasize the importance of the findings the Planning and Envj-ronmental Cornnission must make before any variance is approvecl, Thosc three points are as follows: 1. That the granting of the vatiance will not constitute a grant of specialprivilege inconsistent with thr-. limitations on other properties classifiedin the same distri-ct. 2. That the granting of the variance will not be detrimental to the public health,safety, or welfare, or naterially injurious to properties or inprovenentsin the vicinity. 3. That the variance is warranted for one or nore of the following reasons: a. The strict or literal interpretation and enforcenent of the speciried regulation would result in practical difficulty o.r unnecessary physical hardship inconsistent with the objectives of this title. b' There are exceptions or extr:aordinary circunstances or conditions applicableto the site of the variance that do not apply generally to other propertiesin the sane zone. c. The strict or literal interpretation and enforcernent of the specified regulation would deprive the applicant of privileges enjoyed by the ownersof other . propert ies in the same district. -)r,,uwfi \ 4W'fu,vy,,,, TO: FROI'I: DATE: RE:Control lr'n. Lukeas it relates to "Buj.ldablc Site Area'r defined in Section 18,04.A45by for Lot 3, Block 3, Bighorn 3rd Addj.tion qESCRTPTION 0F VARIANCE REEESTED The applicant seek relicf from the slope regulations which eliminate area of slope over 40eo when cornputing buildable area in the Residential Cluster Zone District. lle explainstlat he has oi*ned the property for 14 years aDd has Lreen dolnzoned many times. l;ith the MEMOR NDUI'I PLANNING AND INVIIIONMENTAL CO]'MISSI0I,I DEPARllvl[NT OF COI\4\|UNITY DEVELOPMENT current regulations, he is allowed+ns+llrit ol the pl'operty. He wishes pernission to construct three units . c vni{S The following are the statistics relating to the subject propertyi Zone District = Residential Cluster Gross Lot Area = 31,511 square feet Area over 4oea = 19,700 square feet Buildable Site Area = 11;811 square feet or .i# acres *pUnits allowed =ffiz GRFA allowed = 2,953 (11,811 x .25) CRITERIA AND FINDINGS lpon review.oj9-Criteri.a and Flndilrgs, Section_18.62.060 of the Munic_i-pal Code, the Depar-tlent_ gf Conrurli-1ty Dev_elopment recomncirds cienial of t@ Gonsi.deration of Facrors The relation of the ted variance to other: existinc or tential uses and stxuctures in the vicini.ty. 'Ihe lot to the east is zoned Residential Cluster and is also owned by Luke and rsotrld _be allot"ed 5 units., The next lot to the east is also RC, zoned for 4 units and is omredby another partl'.-The adjacent. lot to the $cst is z.oned LDITIF andl,"ould--6e-allorved aftipl-gb All of the propcrties are currcntl)' vacEiTtr--5iicl-6iTdareas over 40% slope. Acmss Bighorn Road to.the south are duplex lots orth. ft is unclear whcther ltlr. tuke desires to unify devclopment on Lots 2 and 3. lle hasindicated his desire to scll lot 3, which lrould j.nclicate plans not to develop the lot,sin con-iuction rrrith each other. In 1975, a plan was drawn up for both lots by Mr. Luke uhich included 28 units on the 2 lots (evidcntly neeting 1973 zoning rcgulations). The staff rr'ould prefer t ---+fug,crcd-proicct. as rrras intendcd for thc ltc Zone Dj.strict. llowevcrlZEE-T6-flrc ex-i-s- tencc of the to thc' dcveloprucnt of each In conclusion. thc rcletionship to potcntial rrscs and structurcs is not clc:rr. at thispoint bccatrsc of thcr lack of plans for tht: lrtl.laccnt, lot,s. Thc wholc block wlrcrc tht: t ot j s I ocat cd is zoncd l.or llC or :rhovc dcn:; i ty . :xr-- .Luko, Lot 3,Brk 3 BighotS - page 7 ,hi"h r"li*f ,fro* tltc str ..l=.ffi in t erpretat ion and cnforcenent -tzuniformrtY olThe dcgrcc to 6-r-T-!FEIficd trcatncnt allon filFilitv and c ob icctivcs o liri.s iltrc without This is the crux of the issue' slope rctttictions. lrle f cel it is rFrfafi--c'cr:riffi-ffiin g t he Proc e s s irt"i it was felt iroPortant' This This is the irPortant of adoPtion request i.s of the hazatd ordinance quest,iorffi-fjTmnFeTTffY and the reasons of that ordinance. Tlre Hazard Ordinance was and review fron citizens, Council. As sta'ced in the was that rrthe Tot"ln of Vail adopted in May of - i s78 . afteT- :9ns1g9:?9 l-g-:tlgv"f,:"l:ffitt ,tl?ll"i tiiil'i"'e ."a' @::", T:Tl?ll;"iiiTi"tnl"l'ii";;;' -;;;- pi1'*y-":1::: :?:-::',ljon.''?!'ili',liiXu";" ";"' ;l;' . rtl; other signifi r Potent and t.ravellingall wi *"."*"ancegoesontostatethat'rinordertoclefine.thenaturalareasofthe conununity ror their pli"'ii"i-r';,:;4,?i;:'^:i;::1^ilfl;l;.'li"l"Xl":"H'i: l*:"3i#";:H"31:Ir';:,'::i;#:"1;;;#;l"iii'-"'a-'"po'ti" and then soes on to list some of the repolts "r,a,i.rii"r-lt"t tt. orain"r,"" ivas based upon' It is important to this variance request ar,ui-Ii,"-rruzard ordinance was tied to these studies' PreviousTovrnofVailZoningAdrninistratorshavea-ssuredusthat'extensivestudy vras perforned for p;;;;r;;;;;-oi tt" r";;i;;;";;.- l.t""y of thern were done bv Hvdro- Triad and Art i,leal.s relating p"t""ntugu"or-riop"r to^avaianchq, rockfall and rnudflow conilitions. ff,"r" ,iiOi", i"iiu"t"d ; p;;p;; ircut-off" point ior developable land of Aoeo slope for tlt"-c"t"-v"l1ey,with ail"-Ir'"""-georogic-hazards in niud' Thus' the Hazatdordinance states on page 3: "trti""illp":i;ry:^:i,:he Gore va11ev contain inheren dangers fron the "r.;;;;n; oi !no*, soi1, rocki or other debris' and to a1low develoPment in such areas that *o,ria :"rr"irrde iruman iuUiiution would be contrary to the public intere The next paragraph explains_that construction on hillsides frequently results in substantial cost ro the public to ptouill-."tt'i"tt to the sane'- the risk of disasters to structures and nJ;;":;;;;t;;t;-;i-"ater suppli:s' 11 incrlase in flood hazards anrt sinilar "au"r"""I;i"lrr-i"-tr,""pubIic health and welfate." Lowdcnsity(SingleFarnilyanilDuplexZones)werefelt'tobeinadifferentcategoty frorn lrigher density projects and weie;.;;;;e iton, tf't" buildable area restrj'ction' fie definition of btii;'";;;-"i". i"-irt" Hazard ordinance siates: "Buildable Area shal1 rnean anx sitc, lot, or parcel ol any p"tii""^irt"reor iurtltrr-aot" "ot contain designated flood plain, red hazard avalanche area or areas in excess of 40eo sloper" TheconclusionhereisthatnuchstuclyanddeliberaliolwasDutintotheHazardordinance.lrlefeclitisa*ellres"arlheaa"deffecti-veordiirance'Proofofthis is evident in the Bishorn Avalanche 1.;;";;t;;;.*it"ti riJ:s wefe nost likelv saved by the rlesignation ;; ;; avalanche zone whtre the snot'l a'rd debris cane dot'n' The Colora<lo Gcological Survey publicly p"ui..a-ift" Towr of Vail for its Hazard Zonilrg' Plannlng ancl Envj-ronmental Comnissjon- tna tltt Council hut'e-p"rt i"ipated in field trips uhere 40t slopes were vier,red--most af f-agrccd the stcepne"'n""' signif icarrt' and regu- lations wcre justified. 'f.'{" - Luke, Lot 3 Blk 5 lliShorn 3 - Pago 5-;o--'- The secon6ary issue l,lr. lii" to, raiscd is one of srrcccssive downzonings. As mcn-' ' tLoned above, itu-oppo""nt)y had rights to 28 units on lots 2 nld.,3.Ptt:i. f::Ylous County zonLng. fhii has iincc Ucln reduced to 6 un{cr Prescnt 'I'own of Vail regulations' The progression of the planning, and zoning ficlds has accelerated greatly in the past 8 y"irr. . As we leari rnore about th" conntrnityts goals and desires, we transfom then into rcgulations-t"li""ting thosc goals. In this ca.se, rt'e }rave leamcd about thc physical envj.ronmcnt of the Gore trtailey along with the connunity's desires relating to that environment This knowledge is reflccted' fot the publicrs-benefit,.into the existing llazard Ordinance. We feel the ordinance dses reflict an advancetrerrt of intelli- genl pfl"ring knotvledge ancl tha.t any ProPerty o\ner assumqs tlre risk of subsequent regulations governing bis or het proPerty, In conclusion, the staff feels strongly that the apploval of tlris variance would definitely be a grant of special privilege alld that relief is not warranted' TheeffectoftherequesteClYsri4@rj.btrtion9fp9pulatior], tran sportat r on and r: raf f ic 1' zrc i] 1! r el, ffiTtL tit1E;ienT_p-ffiflc safety:_ Distributi.on of population and public safety have been addrcssed above' the other factors are not significant in this case. Such other factors and criteria as !!g colytission dqens ap to the proposed Vari ance . *ar" ^re none. FINpINGS: {he__planning..a:r{_Environrnental Cglnmission sha}1 ma$e-the follor'ring findings. before grant ing a variance.: That the granti1'g of the variance will not constitute a grant of special privilege inconsistirrt with the linitations on othcl properties classified in the same district' That the gralting of the variance will not be detrin'.ental to the public health, safety or uelfari, or rniterially injurious to Properties or lnprovenents in the vicinity' Tlrat the variance is warranted for one or nQre of the following reasons: The strict or literal interpretation and enforcement of the specified regulation would resutt irr p::actical dj.fficuity dr unneccssary physical hardship j.nconsistent with the objectives of this title. There are exceptions or extraordlnary circtrmstances or conditions applicable to the site of the rrariancc that do not apply gcnvally to other proPerties in the same zone' lhe strict or literal interpretation and enforcencnt of the specified regulation nould dcprit,e tlre applicant of privitcges enjoyed by the oi'tners of other PToPelties in thc sa.:ne district. -,,, .-'j- Luke, Lot 3 Blk 5 nighorn '. page 4 RI]COMVENDATION The Department of Corununity Dcveloprncnt^ rccommends dcnial of the variance request.' We feel a very dangerous precedent wLuld bc set with the reasoning behind an approval. The best solution io tire ievelopment of this property is to vacate the lot line be- tween lots 2 and 3 to rnake a unified 6 tnlit cornplex' 1,,'e also feel strongl.y in regard to naintaini.ng the integrity of the llazard Ordinance in that it ::eflects a Senuine advancernent of environmental plannine (9ve1 on a nation- Iride basis u."o"ding ti recent staff re:car-ch). Since its adopt'ion,.jt has -scrved the cornmunity well 6y reflecti.ng the goal-s an<1 objcctives of the citizens of Vail' "-"_ t dcpirtnicnt of conrr rrunity tlcvelcpnrcni Septernber 11, 1980: Petty and llillierm Luke 950 .Ias'mirrc Denver, Colora<lo 80220 Re: Lot 3, Block 3, I3ighorn Thi=d' Addition Dear Betty- a.nd BiIr: I have enclosed a Variance Reguest form and the colored '.opographi' map. Afterrny last meeting r'rith !1r- Lu)<e, I spoke to our Toun atlorney about vrhether we could alloru the second unit on Iot 3. His ansl,rer to that \.Ias that a Vqriance !,rouLd have to be iilcd. The allor.rable nurnber of units and square feet for each lot are as follorss: area number square' Iot area over 40t of units footage GRFA Lot L 35?0'95.85 4,900 4 7,549 I'o1g 2 40 '8I7 .7 4,100 5 9 'L79 Lot 3 3I., 5II. 5 19, 700 I . 2{ 953 If I cah be of further assistance, please let me knor*- SincereJ-y,/\- ^ A .1. i. 1L--w-.2 t'l . (tut---, '.. JAI'IES A. RUBIN Zoning Administrator JAR:bPr EncI ."This is a certification of the current status of above described property. " I c2zcr4"q7 ZZ4?rdZ?/ I PUBLIC NOTICE NOTICE IS HEREBY cMN that Willian T. Luke has applied for a density control variance for Lot 3, Block 3, Bighorn Subdivision, Ihird Addition to build thxee townhouse units instead of one. Application has been nade in accordance with Section 18.62.020 of the Vail Mrmicipal Code. A Public Hea"ing will, be held in aicordance with Section 18.66.060 of the l,lunicipal Code on January 12, 1981 at 3;00 p.m. before the Town of Vait Planning and Environmental Comnission. The application and infonnation relating to is available in the Zoning Adninistratorrs office during hours for review or inspection by the public. A. PETER PATTEN,JR. Zoning Adninistrator TOIfN OF VAIL DEPARTMENT OF COMMTJNITY DEVELOPMENT Published in the Vai1 Trail, Decenber 26, 1980. the proposed change regular business (,,,. -_ r'r, 4 -L-/ Bighorn Srd Blk 3 " 3' 3t-r- LuYS . .!t ! J,ti r tLt' ' u.Lot. /' .A SighruxSub .,'Block 5 Lot 1 ltartha Jakob 85520 Highway 101 South Lake Woahink Florence 0r 97439 ,uffi ot 4 Wrn Fisher Box 341 Vail Co 81657 V tot 5 Thoe and Cecilia Moosburger Karl and Elisabeth Forstner 8250 Orchard Drive Denyer, Co 8022I hawfo$ Entelp-\ises L8"blalk"-cteek Line St. L6dis, Mo 63124 Mitchell, Brad Hunter Youn{ Bx X-100 'J Avon Co 8l-620 Jakobafn'3 and -tL wt 6rl Ledfi! E.-,8-+onnj.€"Jl)zatrge*re- L.,7 s7 r /lsoyih F,ihgr(l in Wdy.- Lit{ldton, C5 80122 V e_r-n '')t-, :- t-/ !/L L^- v Ft) Z- u Si€h€iFnJ€"far€- n ,/u^- "/t (wtu Bighorn 4th Lot 5 Kirk and Katherine A. & Katherine F. Van Hee Box 2711 Vail Co 81657 Lot 6Jill C. Wells and Robert E. Jr. 6 Julia Fedewa Box 400 Vail Co 81657 Lot 7 ftn C S anna Marie Abbink Box 1376 Vail Co 81657 Lot 8 Wn. K. & Ibrilyn F. Mann 19050 Greenbriar Lane Monunent Co 801.32 Lot 9 Parcel 3-4 JOHN 6 Enid Nilsson Box 1056 Vail Co Parcel 1-2 Duane 0 Garolyn Piper Box 501 Vail Lot 104 , George Brown & Ronald Stonson 489 Figway Lakewood 80228 Lot LOB Jpnes H., Christopher W. DennisC. epc, Rider 2p22 South Havana, Unit R Atrrora 80014 Gunat L32*5 Ce enver, Lot 9 *T',P-:, :::::,::: l,::''fil :"-' PRESI]N'T Gerry htite Dan Corcoran Duane Pipcr Rogcr Ti.lI<cmeier Scott Edr,rards Jim l'lorgan arrived for studY session. Gcrry l,h it. e, cltairnan , STAFF Petcr Patten Pcter Jarnar Larry lVoodlcY Betsy llosolack 'i called the meeting to or,'dcr. 1. Approval of nilur:cs-o! m.eetin,o, of January ,l-2,, 1991 ' The staff requested that. this iten be tabled' Rober Tilllenteier moved that it be tabled, seconded by Dan Corcoran. \tote fo:: tabling vta s 5-0, unaninous' Z. !4." $tf-lff co:rtf ol . \'arjanc:q,*lgi-l-Jiiltl:,..3r*li:,1'otl-l$L-$r'i."'arldi.tion Peter cxplained this j-ten was tabl.ed to looli at the pos-sibility th?-t with the.constlucc: Li torat, sone dj-fferelces nra.y cxist j.n the sJ.ope. l.le addcd that l',r. Luke had brought in 2 surveys -just bcftre the rneeti.ng tct'Iay, but the staff hadn't had tj'rnc to review thcrn. lle e--iplained thc neu nerto, and stated that the staif f ceis that l'lr. Luket s lequest docs not fall into any of the cat.egol:ies in the ncitlo. slr- Lulle stated that rccks frotu road coll s 1' rlrct-ion chartged lots 2 fi 3' Ile statecl that he a1 so wanted to vacate the lot line bctl.;ee:r ll]e-sc tl'Jo Lots. One sur:vey tvas nacle in 1973-4. I.{::. Lul;e requested tl:at tlrc issire bc tabl ':d unt-i-l the corunission rncinbers had had a chancc to 1oo1: at the site' i:logel moved, antl Dan :;cc-onrled, 'chat the rcque:i t ir c' ta'rrlcd unti'l ti:e i;'ccti'lrg of Febnrary 9. The voi:c rras 5-0 to tcble. The sttrdy session began hcre. ) ,rr-J& raryrti# ".?1,' 6'n9!P* 8o e= o . {o,, -l oroil of VA'c I - r loul J Coq n'rcl L PTANNING AND ENVIRONMENTAL COMMISSION AGENDA Monday, January L2, L98O l:00 p.rn. Study Session l. Fire Department Presentation 2. Adurinistrative Appeal 3. Continued Prelirninary review of Pepirs Sports extexior modification for Conrnercial Core I. 3:00 p.n. 1. Approval of ninutes of Decenber 8, 1980 meeting. 2. Knox density contTol variance, Casolarll, Resub Lot A-7 Lionsridge 1. 3. Changing Design Reyierd Board nenbership frour 5 to 7 members. 4. Renoval of tine sharing fron Comnercial Core I and Comnercial Core II. 5. Review of Vail. Guides conditional use pernit (Printery Building). 6. Luke density control variance, Lot 3, Block 3, Bighorn Subdivision, Ihird Addition Published in the Vail Trail Decenber 26, 1980 and Jantrary 2, 1981.t PUBLIC NOTICE NOTICE IS HEREBY GMN that Willianr T. tuke has applied for a density control variance for Lot 3, Block 3, Bighorn Subdivision, Third Addition to build three townhouse units instead of one. Application has been nade in accordance with Section 18.62.020 of the Vail Municipal Code. A Public Hearing will be held in accordance with Section 18.66.060 of the l,tturicipal Code on January 12, 1981 at 3;00 p.n. before the Town of Vail Pl.anning and Environrnental Connission. Ihe application and info:mation relating to the proposed change is available in the Zoning A&ninistratorrs office during regular business hours for review or inspection by the public. A. PETER PATTEN,JR. Zoning Administrator TOWN OF VAIL DEPARIMENT 0F COI0\,|1JNITY DEVELOPMENT Published in the Vail Trail, Decenber 26, 1980. o I PLA}.IN ING A}ID ENVIRONMENTAL COMMI SS ION AGENDA t --t Monday, February 9, l98l l:30 Site inspections of Garton alley and deck and Luke, (lot 3, blk 3, Bighorn 3) 2z3O Study Session: To study a proposal to close the alley betueeh the Plaza and the Casino Buildings in Vail-Village. 3r00 Regular Session: 1. Approval of ninutes of neeting of January 12, 1981. 2. Approval of minutes of neeting of January 26, 1981 . 3. Luke density control variance, Lot 3, Block 3, Bighorn Sub, 3rd Addition (tabled fron January 26 neeting) lots 5 and 6, Bighorn sth Addition. Applicant: Bjorn Borgen. 5. A request for an exterior alteration and nodification in Comnercial Core I and height variance to construct an elevator at the Sitznark building located at 183 Gore Creek Drive, Applicant: Bob Fritch. 6. A request for an exterior alteration and modification in Cornnrercial Core I for the Red Lion building, to constTuct three additional dwelti.ng units and shops at 304 East Bridge Street. Applicant: Jeff Selby. Published in the Vail Trail February 6, 1981 . o I 'l =6tB- -. s 6 3. 5 ; I .l..ircrtica)>66..1:z-262. .-l -.1--{ {FtO = H=H-{rt6!r'ro=oi no ''r-r>> oo<o >za- z rau:JH=-r|rC1 l! <? .,69*5oE 3 * {m '9'nriz oFl HctnF=(/tHGE-EF=8 69-irr<6t Fr o rr\ E r :E lru--1899= | "429F.=26t Fr o 2r-t- I g.:" =; a, =moo FFr:zr.. ot rrxE <) 6lt H a-l..{ > { HcrH96.8Eg9Xct F--i|t- rnB{F A .9 E til -e!?e! " R' o"t d3.g rq94-g il:o9:-E3.-'dE EFFH:EqT -..:z P - ld' B .. t gN J rOO:rt \<rJ5O.D-l 4-O O.i"ioro C) r. 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" ;E \- o $rF 1-l l\i'15.1 .E, 8l,o I 3eqSFEr e o g g3 filaa i::Eai ilei:iiirie;[i gli g si; f x ;e i';t ii r I g5;r e:a;* :i* d- ;3ifi a;iiii ;3i i:ra*5*ias i;a g';i;i iF:iis :;: ii:gg*:ii: 9e *gAi: i;ill -ir;E;r-iri!i #; il* 11111 *t*l*ln li , a.- .t >| E att liEe'ilrl1lilliu il;Ei[;irr;gn;; ii[lllllilillll ii!Eillllllllll .,| o I 0 c o (o -it rD :l =l "al"l I I I I 7 -l I GENDAPLANNING AND ENVIRONMENTAL COMMISSION A Monday, January 12, 1980 1;00 p.n. STUDY SESSION I. Fire Departnent Presentati.on 2. AdninistTative Appeal 3. Continued Prelininary revj.ew of Pepits Sports exterior nodificationfor Conimercial Core I: 3:00 p.n. 1. Approval of rninutes of Decenber 8, 1980 neeting. 2. Knox density dontrol variance, Casolar II, Resub Lot A-7, Lionsridge .3. Changing,Design Review Board menbership frorn 5 to T rnernbers. 4. Renoval of tfure sharing from Couunerci.al Core I and Cornmercial Core II. 5. Review of Vail Guides conditonal use pernit (Printery Building). 6. Luke density control variance, Lot 5, Block 3, Bighilrn Subdivision, 3rd Addition .7. Landmarc setback vaniance, Lot 7, Block I, Gore Creek Park. . t f,f f-fl MEMORANDUM Planning and Environmental Commission Community Development Department August 22,1994 A requesi for a variance lrom Section 18.69.040 (Development Restricted) of the Vail Municipal Code to allow for the construction of a building on slopes greater than 40% for a site localed at 4403 Bighorn RoacliLot 3, Block 3, Bighom 3rd Addition. Applicant: Betty Luke, represented by Mike LauterlcachPlanner: Jim Curnutte/Randy Stouder ilfi$, Y TO: FROM: DATE: SUBJECT: I. INTRODUCTION The applicant is requesting a variance in order to allow for the construction of a Type lll employee housing unit on a portion ol Lot 3, Block 3, Bighorn 3rd Addition, which has a slope greater than 40"/o. Seclion 18.69.040 of the Town of Vail's Hazard Regulations states that "no structure shall be built on a slope ot 40 h or greater except in Single Family Residential, Two Family Residential, or Two Family Primary/Secondary Residential zone districts. Lot 3 is zoned Residential Cluster (RC). The purpose of the Hazard Regulations section of the Town of Vail Municipal Code is to: "Help protect the inhabitants of the Town from dangers related to development of floodplains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use ol land areas which may be subject to flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and propefi values of the Town to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with floodplains, avalanche areas and areas of geologic sensitivity in slopes; to minimize damage to public facilities and utilities and minimize the need for relief and clean up operations; to give notice to the public of cerlain areas within the Town where floodplains, avalanche areas, and areas ol geologic sensitivity exist; and to promote the general public health, safety and welfare." The Town defines slope as "the gradient or configuration of the undisturbed land surface prior to site improvement on a site, or parcel which shall be established by measuring the maximum number ol feet in elevalion gained or lost over each ten feet or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope"..." The applicant has stated that the requested variance is necessary in order to allow for the retention of all of the old growth trees on the southeast side of the lot. Although the applicant intends to construct a single family residence on this side of the lot, he would stay away from most of the trees located there. The site plan presented by the applicant shows that only two S-inch caliper spruce trees would be removed, although the single tamily residence building would be very close to seven other spruce trees. lf the applicant were to move the building over as far to the east as allowed by setbacks, he would be removing an additional four trees, and if he went further north, three or four more trees would have to be removed, including one 1O-inch caliper spruce tree. The applicant believes that there is no additional room for the construction of his proposed Type lll EHU without going into the 40% slope area on the southwestern oortion of the lot. The applicant has provided only a preliminary site plan in conjunction with this variance requesl. However, if a variance is granted allowing the applicant to construct the Type lll EHU in the 40% portion ol Lot 3, he would then request a conditional use permit to proceed with Planning and Environmental Commission (PEC) review of the EHU, including detailed floor plan and elevation drawings. II. ZONING STATISTICS Allowed under RC Zonino Proposed Lot Size: 0.7135 acre or 31,080 sq. ft. Same Total Buildable Area: 13,982 sq. ft. Same "Density: 6 DU's per buildable acre 1.5 DU's or 1.92 DU's GRFA: 3,721 sq. tt. 3,721 sq.lt. Site Coverage: 25k or 7,700 sq. lt. 16/o or approximately 2,250 sq. ft. Landscaping: 60% or 18,648 sq. ft. 89"h or 27,700 sq. ft. Building Height: 30 feet for flat or mansard roofs 33 feet or less 33 feet for sloping roof Setbacks: Front: 20' N: 155' Sides: 15' S: 20' Rear: 15' E: 25'W: 35' 'The applicants proposal includes one unrestricted dwelling unit and one Type lll EHU, which counts as 0.5 of a dwelling unit for a total proposed density of 1.5 DU's. F, o CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL Upon review of the Criteria and Findings, Section 18.62.060 of the Vail Municipal Code, the Community Development Department recommends denial of the requested variance based on the following factors: Consideration of Factors: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity Although the proposed development within the 40% slope area would not appear to negatively impact other existing or potential uses and structures in the vicinity, the staff is concerned with the amount of site disturbance that would result if the proposed EHU was to be constructed in the steeper portion of the site. As shown on the applicant's site plan, the proposed 30-foot by 30- foot EHU building would be located in an area with slopes of approximately 53%. Staff believes that the applicant has not attempted to minimize the extent of the buildings encroachment into the 40% slope area. Although thgre is some merit in attempting to save the larger trees along the eastern side of the property, staff believes that none of these trees are ol a significant enough size to support a variance to build in slopes greater lhan 40/". The Design Rerriew Board (DHB) typically allows applicants to remove or relocate trees on a site, if they are located in the best posSible area for development (i.e. flat slopes). The DRB generally requires the replacement of all removed trees in an amount equal to the lineal footage removed. The staff believes it is possible to construct a single family residence and a Type lll EHU, utilizing all of the allowed GRFA on this property, without encroaching into the slopes greater than 4O/o. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulatlon is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. It appears that the applicant is requesting undue or excessive reliel from the 40% slope requirement, and if granted, staff believe it would be a grant special privilege. Staff believes that the area ot the lot which has grades less than 40% is of sufficient size to accommodate the allowed density and GRFA on this property, although some trees may need to be transplanted or removed completely in order lo provide sufficient room to construct the units. The trees can be replaced or relocaled, in conjunction with DRB approval of the building or buildings. The Town of Vail regulations do allow for the construction of buildings on slopes steeper than 40% if the property is zoned Single Family, Duplex or Primary/Secondary Residential. Although the applicant is essentially only proposing two single-lamily structures, staff does not believe that a variance is warranted since we feel there is sufficient area on the site to accommodate the allowed density and GRFA. oq 3. The efiect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and lilities, and public safety. Staff believes that the proposed buildings will have no impact on any of the above criteria. B. The Planninq and Environmental Commission shall make the lollowino findinqs before orantino a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difliculty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enlorcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners ol other properties in the same district. IV. STAFF RECOMMENDATION Staff recommends denial of the requesled variance from Section 18.69.040 of the Town of Vail Hazard Regulations in order to construcl a building on portions of the lot that has slopes greater than 40h. Although staff does not believe that approving the variance will be detrimental to the public health, safety or welfare, we believe that the requested variance is not warranted. We believe that the requested variance would constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. Additionally, staff does not believe that the strict literal interpretation or enforcement of this specified regulation would result in any practical difficulty or unnecessary physical hardship inconsistent with the obiectives of this title. Staff does not believe that there are exceptions or extraordinary circumstances or conditions applicable to the lot that do not generally apply to other properties in the same zone district. Nor does staff believe that the strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners ol other properties in the same zone district. c:\pec\memos\luke.822 > <Lr HE9?tr5- HEHJ FIE:oo@otsJts i: o tiii il;ll ,iiiil#Il rtt I:t,l ) , i I tii ittltlIil t { tq tii ItttltI$ \ @ 9 t{ liir U*o / +\ o*j J-Ja