HomeMy WebLinkAboutLIONS RIDGE FILING 1 BLOCK A LOT A5 LIONS MANE PHASE II LEGAL (2)Gi0 MAY 041se2
April 20, 1,992
Town of Vail
Administrati-ve Of f ices
75 S Frontage Rd West
Vail. co 81657
To whom it may concern:
The Lions Mane Phase II Homeowners Association has agreed to
contract with Plath Construction, Inc. to redo the roof-
work witl- start around May 15th and take 2-3 weeks depending
on the weather.
Any questions, call me at (3031 476-5473 or Ron Grimm at
(303) .479-9s53.
Sincerely,
wM._/"Y
Patrick Mulvev u
Lions Mane Phase II
Homeowners Association President
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75 toulh fronlagc rcad
Y!11, colorado E1657
(3o3) 479-2138 ox 479-2139 oltlce ot communlly devclopment
BUILDING PERI.IIT ISSUANCE TIME FRANE
If thi.s permi.t requires a Town of Vail fire Department Approval ,
Engineep\s (Public Works) reyiew and approval, a Planning Department
review or Health Departnent revjew, and a review by the Building
Department, the estimated time for a total review may take as long
as thfee week.s.
All commercia'l (large or sma'l'l) and all multi-family permits will
have to follow the above mentioned maximum requirements, Residentia'l
and small projects should take a'l esser amount of time. However, if
fesidential or smaller projects impact the various above mentioned
departments wi.th regard to necessary review, these projects may
also take the three week period.
Every attempt wi1'l be made by this department to expedite this
permit as s.qon as possibl e.
undersigned, understand the plan check procedure and time
Date l.loiliSheet was turned into the
Communj ty Development Department.
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75 south tronlage ioad
vail, colorado 81657
(303' 479-2L38 or 479-2139 oftlce of communlty development
TO:
FROM:
DATE:
SUBJECT:
ALL CONTRACTORS CURRENTLYL REGISTERED WITH THE
TOWN OF VAIL
TOWN OF VAIL PUBLIC WORr(S/COMMUNITY DEVELOPMENT
MARCH 16, 1988
CONSTRUCTION PARKTNG & MATERIAL STORAGE
rn summary, ordinance No. 6 states that it is unlawfur for anyperson to litter, track or deposit any soil , rock, sand, debrisor material, including trash durnpsters, portable ioirets andworkmen vehicles upon any streetl sidewaik, al.ley or publicpf?9" or any portion thereof" The right-oi-*-y in aII Town ofVail st,reets and.fga-ds is approximateiy s-it"-6fi pavement.Thi-s ordinance will be strictry enforcld. by the Tovr' of vail
_lyf+t: works Deparrment. persons found vi6:.aiin9 this ordi,rar,""wr-rr De grven a 24 hour written notice to remove said material .rn the event the perso' so notifi-ed does not cornply with th;--notice within the 24 hour time specified, tne-puiric worksDepartrnent wilr remove said materiar at Ine "*p"rrse of personnotified-. The provisions of this ordinance sniff not beapprrcabre to construction, maintenance or repair projects ofany street or alley or any utilities in the right_a_way.
To review ordinance No- 6 in furl, please stop by the fown ofvail Building Departroent to obtain a copy. Thank you for yourcooperation on this mat-ter.
roslEJ"onlReratronshrp to project (i.e. contractor, owner)
Ll- r v^ ?g
acknowledged
Po s i t i onlnelat- onEnIp
o
INEFIDELL POF'TERFIELD
o I
f!
HFFI 1? '89
Aprll 17, 1989
vAx 1-479-2L57
TOt'n
ATTN:
Re:
of, vall tsuldl.ing Departrnent
GARY OR !{IKE, INSPECTORS
Dear Gary or MJ-ke,
I Edward A. Morln, Freaid,ent of r,ionrs l{ane Phase II
condoniniun Aasociation authorize X-G Deeign, Ronald Grin and
uatthews & Aeeociates, Richard T. lilatthewe, to cornplete the
conEtrustlon of the retaining wall and patios aE per plan by
Tln Aoyle, englneerr Plan dated itune 7, L988.
Flease lssue a pentit on thls Joh through fty authority
ae PreEident of lrlonts Uane PhasB II CondoainiUrn AgEociation.
If, you have any gueetione pleaee contact me at 985-2?25.
l./1 - tlve4z.,ftfulY,7'lougs,
7,*t --"it | ^C'6- Al H,ryt
Eclvtard A. 'Morin\
EAlr: Jb
o
Project Application
Proiect Name:
Proiecl Description:
Contaci Person and Phone
Owner, Address and Phone:
Architect, Address and Phone:
5 Brock A , Firins
Design Review Board
4,/r,31
Motion by:
Seconded by:
APPBOVAL DISAPPHOVAL
Summary:
fpwn Planner Staff Approval
-i
LAW OFFICE
JoHr{ L. Ke[ip
COLORAOO NATIONAL AANK AUILOINO
905 GnANO AVE., SU|T€ 2
GL€NWOOO SPRrirGS, COLOFAOO 81601
TELEPHONE (3Oa) 9{5.2223
October 22, 1987
nEc'D()cT 251987
Mr. Wendell B. Porterfield, Jr.Attorney at Law
2005 East 20th Avenue
Denver, Colorado 80205-5601
Re: Lions Mane Condominium Association/Krohn/HoLy'Cross Electric Association, Inc.
Dear Mr. Porterfield.:
Today you and I visited on the telephone about HoIy
Crossrs problem in obtaining access to its meters in thelions Mane Condominium Building. Since our conversationI have learned more about the exact facts of our problem.
When I taLked with you on the teJ-ephoner you advised
me that you had obtained a stay of execution from theCourt of Appeals against the District Court order to removethe meters. Later I learned from the manager of the Vailoffice of HoJ.y Cross Electric that the stay was apparentlyobtained after Mr. Krohn had shut off the electricity inthe building to all of the tenants, and then Holy Cross
made this fact known to the Town of Vail and the VaiI townattorney then called you threatening to evict all of thetenants for health and safety reasons until the electricitycould be turned on. At least I think this is what happened.
In any event, I also learned that about three weeks
ago we tried to get in through the garage area that is indispute to read the meters and the Locks had been changed.
Then on October lst, Mr. Scarboro received a disconnectorder from a customer who was moving out of his unit. Almost
irnmediately afterward Mrs. Krohn called Mr. Scarboro at theVail office and informed him that Holy Cross would not be
allowed in the building. Since that time we have received
two change over orders which reguire readinj of the meters
when the occupancy of a unit is being transferred from oneparty to another, and we have also received two additionalrequests for disconnects by parties who are vacating lheirunits. In addition, the VaiI office has two more disconnectsfor nonpayment that have just come in from the main office
herej-n in Glenwood Springs. As of the writ,ing of this letter,
we still are unable to get into the building to read the
meters.
, '\
. . l-&^7
October 22, 1987
Page Two
Because of this situation, Holy Cross is undoubtedly
going to have some billing problems with some of these
customers, as well as possibly some collection problems
for electricity that has already been used. r, therefore,
must stress that this situation must be corrected immediately.
By irnmediately I would say that early next week is probably
about as J.ong as we can wait to take action.
The action that we probably would take in order to
correct this situation ii to send a1l of the, approximately
30, tenants in the building a disconnect notice and then to
disconnect service to the entire buiJ.ding.
The next guestion that naturatly arises is how can this
matter be corrected to HoJ-y Cross's satisfaction? If the
stay order clearly would allow Holy Cross access to the
building, then you should immediatety furnish ne with a copy
of that order. HovJever, after my conversation with you' I
was Left with the inpression that the order is not all that
clear in that respecl. If it is, send me a coPy of the order
and we wil-I then Lreak the lock and enter the building to do
what we have to do.
If the order is not that clear, then I woutd think that
the quickest solution would be to obtain a letter from the
attorney for the defendants, Strauss, directed to me as a
respresentative of HoJ-y cross Electric. This letter should
cleirly state that Mr. Strauss represents all of the defendants
includ-ing Mr. Krohn and his wife, who I understand now has
ownershii of the garage unit, and that Mr. Strauss, on behalf
of his clients, iiterprets the stay order of the Court of
Appeals in such a manner as to allow Holy Cross unfettered
access to the garage unit for the purpose of reading its
meters at any iime. I would also like for the letter to set
forth some sort of procedure for someone on behalf of the
defendants to meet wittr ttoty Cross employees to reestablish
a lock system on the garage door which woul-d allow both parties
access bl rneans oe aulticite keys or whatever is most feasible.
I \,{ant to thank you for your assistance in this matter'
I look forward to heaiing from you at your earJ-iest convenj-ence.
JLK/1Lk
cc: Edward
Howard
Larry
L
L. Grange, HCEA
Scarboro, HCEA
Eskvitith, Esq .
ENTERPRISES, INC.
September 2, 1987
Mr. Gary MurraineBuilding Department
Town of Vail
75 S. Frontage RoadVail, Colorado 81657
Enclosed please find a copy of a District Court order stating
that as of August 30, 1987 the Lion's ltlane Phase II Condominium
Association has no riqht to storage of electrical meters etc...
For over four years I have spent a great amount of money, time,
as well as experienced a loss of income due to this problem.
I have tried in several- attempts to settle this on going situa-
tion, my last attmept being to sacrifice the space in order tohelp all concerned. As you can see, I had a contract to sell
the garage back to the Association however, by the letter from
their attorney they decided not to purchase it at the last
minute and j-nstead try and fj-ght it by using the court system.
I have decided to turn off the power as of September 3rd, L987
and by this letter Erm giving proper notice. I apologLze for
the inconvenience but I feel I have no other choice at this time.
Sincer Ly,
---V_-'..Michael D. Krohn
IvIDK: ka
encl
Lions:ss.-!{afe::Phase II -
P. O. Box 1517, Vail, Colorado 81657 Ph. (303) 476-4374
Fursuant to an ordsr From the Distrlct Court,Countg of. Eaglc, tha alactrical service to gourunlt mau be tcrmlnated on Thursdag, Septembtr 3.
theraPore, UoU mag uish to make appropriatelrrangamants, For Further inFormation consultgtrur ouneF, msnrgtilsnt compang, or the LI1IIutrnocnllntum Rgaoslatlon president, flr. Ed ftorinrt,, (3O3) 5!Ng-9508 or SS-a7eS.
LION'S MfNE II (TCUPA{\ITS AND OTINERS
,,
-. s-r*"
DrsTRre! couRT,
Caa. No. gA Cv
otr EAGLE, STATE OF COTORADOcoutfTy
468
ORDER SUSPEITDI$G INJUNSTION PEXDING APPE,AL
TIONIS I.IANE PNASE IInon-profJ.t corporatj.on,
Plal.ntlff ,
V.
UICHAEL DAI;E KRoHx, II}mIxx B. SIIION;!1: capact.ty as puutlJ-r"."Ii.,Colorado,
Dofcndantg.
COrDOXII|fUU ASSOCIATION, a Colorado
_and IIUBER! PETBR,SoN,Eagle County, State 1nof
purauant a"-!_.:.::p. 62_(c),. the lnjunction set forth lnthe Anended Judcrment order Jdlriir_ courc dated iune zg , Lg87,regulring the -removal or inv- erectrlcal neters, devicesand/or er'ltches y-nl"rt "". Iii" property of the AEsoclatlonrocated in Garage unit A -t" uJ'i.roved fron carage unit A andrerocated within- sixty aay" Li '"""-zil-ir-#,"i, suspendedpendlng the appear oc €rriJh"tll", pending further or.er.
DONE this day of
BY
, 1987.
TTIE COURT:
DrsrRrqr ,ruocE
Ivt[,rfr
[r/il/ I
-l\) t -l / -t Son t lt tt{6
F rL tr")f *'rrff tolr ey(
lrlril l. Orfl'llt' tt{'
P.O. DrSE tt9 -
i'iii,-etm ftg!il ''iJ'
!.1
tb&r Sal,srr
'fbr llroel'atlsa hnr
ttnr -iot lnter-crtcd ln
iti i1"t".1 Darc srohn'
Sbouldt Purcbaar ot
uc rLll Gontoct Y{ilr'
sBPrJ$
ladlcated to re that
ffctrfns Purchase of
tbc unlt again becone
It ir at thle
Gara96 unl't A
a posslbllltY'
,-.r::t :.-:.*-,-
\Tffirrgc J. qffir ?rq It t.llf
trrd,G @Laf,*r} alalr
lGlrxo|I (l|cl) *ttle
?-3-87
.t,
.-.
-
EAGLE, STATE OF' COI,OR,ADODISTRICT COURT'
Case No. 82 CV
COUNTY OP
458
AI{ENDED JUDCIIENT ORDBR
LIONTg f4Al{il PBAEE Il eOf,EOtIWIUtl ASSOCIATIOIIT a Colorado non-
proflt corpor,atlon,
Pleln,btff t
V6.
IIICHAEL DALE KROltNl ltARVItr B. SIllONl
hle capacity ae Publl,c Trustee, Eagle
Defendants.
ANd HUBERT N.
Countyr State
*
PEIERSON, inof Colorador
THE COURT, havlng consldered Defendantsr Motion to Amend
Judgnent, and ilainttffrB Hotlon to Alter, Amend or Clarify the
Court's Judgment Orderr
AND BEIHG fully advieed in the prernises, enters the
following r
lhe Court clariflee itg order signed Aprll 30' 1987 as
follows r
l. Paragraph 22 sltall state the following:
22. llhe court hereby denles. the costs and attorneyrs fees
either party incurrsd [n conjunction with the eettlement and
i""oiuti"n -of tnat prior eutt. T{1e Court finds the issues of coets
ind atEorneyrs fees Trcr. or ehould have been appropriat"l{.
aaareeseA 8l tho prlor hearlng aad thls court flnds no additlonal
gi;ulrae nsr basls-to crard coite and feeg lncurred thereby.
2. Ptragrtph 3 aha[ lnclu'de the following:
Thierealpropertyl'snorepartlcularlydescribedas:
Parking Unit A, Lionrs llane Phase II Condominiun Units,
according to the Condoninlun t{ap thereof_ recorded July 111
.
1974, in Book 235 ab Page 587 and as defined in the
condonrinium Declaration recorded JuIy 1I, 1974 in Book 235 at
Page 5861 County of Eagle, State of Colorado'
3.Paragraphs3T(a)'(b)r(c)rand(ct)shallbeinsertedafter paragraPh 37 and shall gtate:
37. (a) The court flnds the condominiun Declarations for Lions
r'- -
I
Iilane PhaEe II, section 2. (a) provldes:
lhepropertylsherebydtlvidedlntothefollqingfeesimple
estates:
ia) ntneteen fee slmple estates consisting of nineteen
J"ir"i"t"rv designateb tnaivtaual air sPace units as
idlntfffeb by ninber on the map, and three indoor qaraqe
spaces also ldentified on the naP'
(b) The t"tuinino-p"iii"" of the propertyr -Esfel:-ed to- as-Fhe
. qeneral sruffieEq'l!9 which strait be h-era in conmon by bhe
owners (enPhasis added).
37.(b) The subject garage unit A is found to not be a general
or linited common eierenf bui a separate estate. As such a garage
"iit-ii n-t suU1""i-io-8f," blanket-easement referred to in section
5 of the Condoninium Declarations'
37. (c) tf,e Couit-iinas it is the obligatiol-of the owners of
the fee iinrpfe ""i.i"", Pursuant-to section Il'(f) of the
DecIaratlona, to gi"nt'a'right of entry to the llanaging. Agent or
;;h;;-authorized 6"r"o" in iase of an Cmergency_ or for bhe purpose
;;";;.i;;*ing-in"i"llations or repairs proviOeb that such entrv ls
at I time convenient to the ovner'
37. (at) fne l""ociation therefore has a right of entry into
trre gaiiie'unit ;-;;;-;;;iirs rith advanced notice and at a time
conv6nient to the owner ind ln casea of energency'
*
4. In conpliance rith th€ Eane' the Court Ordere any
electrical meterel devicee and/or sttitches which are the,ProPerty
oi-if,*-a""octation located in garage unit A to be renoved fron
garage untt A "na"r"i*iea-rlltrn-{0 {ays of this order.
5. flre couri furtbor ordcrs pefendants herein _to provide
acceg6 to thc g"i"g.-o"fl A to the Association and,/or.its agente
d";iil the stafe.l [im and Or6ers l]efendants to refrain fron
lnterfertng ot ob"iir"tf"e f1 alf ray whats?9v.er with the.removal 6
and ralocati,on oi-ihe ei.6trlcal-net6rs, switcbes and devices
in"fuaing but not lirnlted to aeeeesing and/or collecbing- license -i;;;;-il;rag" i"""-ii-"ntry fees into sarage-unit A on the part of
ir,"-i""""ii[ron or any ot lte.genls and enployees'
DONE AND STGNED EhiaLEldav ot'HtbNL-' 1987'
,//
BY TIIE COURT:
b, chief itudge
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Septenber 15, 1987 -,ilqtn' P'fr'r Lfu41bi//lLarry Eskwith, Esg. / . /n 0
Town of VaiI /r 'Vail Municipal BuitdingVail, Colorado 81659
Rei
oo
WENDELL B. PORTERFIELD. JR. Dtn,; n-^
ArroRNEy Ar LAw rtt t, u ')E l' 1 T lg1l2OO5 EAST 2OTH AVENUE
DENVER, COLORADO AO2O5.560I
,..'J*
Dear Larry:
Enclosed is a copy of the Order. granting stay entered bythe cor-orado courf -of Appeals in the above-referencedrnatter.
. The court granted the notion for suspension ofinjunction.pending- appear and accolail;iy il"J"-Jrio"rd not beany repetition of. the cutting-oft €fr6 power fenaing thedetermination of this appeal .
WBP: jrnb
EncLosure
Very truly yoXs,
l0z^ZUb4o'ilt',/'t(,W . ,wendell B. porrerriera, tr. -Ay f^L
oo
LIONIS MANE PHASE II
OONDOMINIUM ASSOCIATION, aColorado nonproflt corp6ratLon,
Plainci ff-Appellee andCross -Appel lan E ,
v.
MICHAEL DALE KROHN; MARVIN B.
SIMON; and HUBRT PETERSON. inhis capecicy ae publlc Truicee.Eagle County, State of CoLorad6,
De fendanta-Appellan ts andCross-AppelIeee.
dh
oo
COLORADO COURT OT' APPEALS
No.87CA1228
The courE, havlng consldered cro's-appelrant rs motr.on for
stay (Buspenslon of lnJunction) pending appeal and appelleee I
responpe thereto,
ORDERS that the ootLon ls GRANTED and che proceedings are
stayed until furctrer order of thls court. The appelleest
reguest to requLre appellanE to post an appeal bond le denied.
BY THE COTJRT:Srot th , J.
Van Clse, J.Kelly, J.
Dated: Seprenber lI, 1987
Copiea to: Counsel of RecordClerk of the Dlstrlct CourtTrlal Judge
COPIES IvII.ILED TO:
couirssL 0t n[cci]D
Trl. Ct. Juiilg-Trl. Ci. Clerk
@......................
ottz...?/.:.1.1..t-:.
Fv. c!-tr | .................-....
COLOII.DO COUN OF APPU.I-
ORDM. GMNTING STAY
(Trtal Court No. 82CV468)
.R[C'0SEP t71sB7
l=rqp1
SEP
puRl IR;. .
DISTRICT couRT. EAGLE COUNTY COLORADO
cAsENo.82 -ev 468 -
E SUBPOENA (Personal)
D SUBPOIINA TO PRODUCE (Subpotnr duces tccum)
The People of the State of Colorado:
TO:
You
at
are ordered to attend and give lestimony in the Dj.strict Courl tsagle Counryo
= = (location)
plaintiff and Mnnri n Sinnn and Mj chael Krotrt
defendant and also 0o produce at thrs time and place (lll4$crllc|
on}hvrob-er_20-. L987.-.ac--10:O0alt.tuteandtime),asawitnessfor plaintl-rr
in an action berw'.rgn T.i.mts Mnne Phase TI Condominiun Association
now in your custody or control.
Dale: Nov'rnber 18, 1987
State of
County
I decliue undcr oath that I served this subpoena or subp,trna lo produce on
County
fl by (State Manner of Service)
I I am over the age of l8 yerus and am not interesled in nor a party to this case.
Signed under oath bcfure me on
Name
fl Private process server
Notary Public'n Shcriff,
Fee $
Mileage $
'Noory dBlld in.lud. {d&ess $Nl erpirdDD date of drrrlmi$$ioo .
Plaintiff
-ryF n|tlr, .dl,Ert, t!k. no . rct tr'). b.lo*:
Wendell B. ForterfielC, Jr', /f5881
2005 Fast 20th Avern:e
Derrver, Colorado 80205-5601
at the following location:
Tbis subpr:u is bsued pursuant t, R'u cs,r t3&ilJa3f,C9J8t* *,*u"".
RETURN OFSI]RVICE
tn
at-
Date
No. 197. Itev,2-u. sLlBPOI]NA BrddlofilPubliihinr,J82Jw.uh.a!c.,l.rlcwood,CoE02|4-(Jol)!l3-6900
County
STATE OF COLORADO,
Eountg oF Eag1e
DEMAND FOR PAYNENT OF RENT
OR POSSESSION
)
)ss.
)
To: Holg Cross Electric Association
You are herebg notiFied that the undersi gned as ouner and
landlord oF the hereinaFter described premises demands Lhat gou
shall rrrithj.n three riags after the date oF service hereoF, either
pag to the undersigned the sun oF Fi-f teen Thous;rrrC Ooj-lars, being
the amount norrr due to me For rent FoI- said premises, uthi.ch got.t
occi.Jpg ari tenarlt bg virtur: r:I- mil rrrta jning grrL-Jr' slIi:=Lr ra- mFrter'.
/"-'lhr:ret tr anrl rrrh!ch art: f:ttutrtt e:; Carage r.rrri t( 1, I.it:n's: llans: f'has\t
Ccnclominirrms, l@53 Uail Uieu D:-ive, irt Llte Trlur-F-dtr--tfa-rf, in the
Cot-rntg of' Eagle, jn the State cF Colcradar 6;I' I'enove UclLir el.ect.i- jc
meters from these premises and del ive:- Ln ilte: r.rrrdersigner! Lhe
poss€:ss inrr ot- sa r d prem i ses .
The belorrr speciFi,eri LJnr.t1; ar-e t-emporar-i Ig ;rr:rmi LLr-:t'r tc
aaini.i,:.rn elel:Lrir: nc:t€:r:; r:r-r t.ir::sst !tI't:fiil:;.ls, t.llRr=.:i o r r..: gnr: 'reeii nr:t
Femove the electi'ic meLers For thu FrrIi.cu; j ng uniLs: 3, g, I;:, e;.lF\,
a5, and lhe common elemr:nts. These premisus :;heil I br: :iccured antl
Ut]u shall be he permitted access therearler orrlg for the purposes
aF maintaining Lhe above specified eleclric meter-s ansl ang oLher
u:ie or puf possl , unless ;lpprovetl in u.rr- j +:rng bg i:hr: urtrler s -i gn€:(l ,
shall constitut.s a tr-espass.
Dated this ?Eth dag oF fltrr-ch, A.D. 1387
flichael D. Krohn
P. O. Box ?757
Uail, Colorado 81658(303) 176-{37rt Orrrner and Landlord
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f1r . A . Peter Patten, Jr ,
Director of Communitg Development
Toun oF Uail
75 South Frontage Road
Uail, Colorado 81657
Dear flr . Patten:
Re: Liqnsmane Condominium Garages
I have revieuled gour letter oF April 3@ and shall share a Feu
thoughts uith gou. I must be awag during the coming ueek but
shall return on llag 11 and shall be pleased to meet uith Uouthereafter.
Flrst, I am not an ouner of anu oF the gaFages; I do hold a deed
of trust on Garage Unit A, and thereFore have an interest in
angthing uith mag aFFect, mg collatoral . I am not a member,
oFFicer, or director oF the Condominium Association. You mag
contact the Association President, l1r. Ed llorin at 988-8111, oF
through Uail Bookkeeping and Accounting.
Historlcallg, these condominium units and garages ureFE built
conForming to the applicable Eagle countg regulations in 1971 .
Parking For the residential units u,a3 provided (albeit
inadequetelg) elseuhere, and the garages uJere titled seperatelg
from the residential units; indeed, oulnership of a residential
unit uras not required to ourn a garage unit. Garage Unit A has
never been used For automobile storage and has alulags been used
for other storage, conForming to all applicable regulations for
such storage. Occasj.onal inspections bg the UaiI Fire department
and the Uail eLect.rical inspector assurred such compliance. Thls
has been conFlrmed in recent lltigation Ln the Eagle Countg
District Court. llr. Eskuith should recall that Garage Unit A uras
so used prj.or to and after he became emploged bg the Tourn oF Uail.
Such use should theraFore constitutB a legal non-conForming use.
I do Oish to knou hotrr this matter came to Uour attention and urhg
it uras addressed to mg attention. I look forurard to meeting with
Uou and assisting gou in resofving Uour problem.
Sinceralg Uours, _
L//.
ccr Terence Oulnn
of
luwn
75 soulh lrontage road
vail, colorado 81657
(303) 476-7000
April 30, 1986
Mr. Marvin Simon
Box 458
Vai 1 , Col orado 8.l658
Re: Lionsmane Condomin.i um Garages
Dear Mr. Simon:
A. Peter Patten, Jr.Director of Community Development
APP: bpr
cc: Larry Eskwi th
oi
offlce of communlly development
It has recently come to our attention that a number of garage spaces withjn theL'ionsmane condominium project are being used for pr.pot6i unrelated to theresidential project. Moreover, evidently these spaces have been soldseparately from the condom.i nium project.
The subdjvision of garage spaces for uses unrelated to the condominjum projectis not al'lowed under either the subdivision or zoning r"grtitionr of the Town
9I Yrilr Apparently, the situation constitutes a vj6ration of section
]1.91 .020--compliance with the Subdivision Regulations as well as section18.52.050 of the zoning code relating to the iu;iitv to fully use and occupyrequired parking spaces for their .i ntendeq purpose.
My.policv il dealing wjth issues of this manner are to attempt to resolve thesituation with the responsible.party as a first step. ihi. ietter represeniian attempt to do so and I-would appreciate hearing from you as soon as poss.i b1eregarding this matter. If I do not hear from you by May 7th, or if we areunable to resolve the matter between ourselves, t wltt 6" ouiigated to takefurther enforcement actions_
PETER:4/23
MIKE KRoHN (RUSTY SPIKE) rS THE oNE I,IHO ASKED ABOUT CoNVERTTNG
HIS GARAGE IN LIONSMANE INTO AN OFFICE.- HE PURCHASED THE GARAGE
A C0UPLE 0F YEARS AGo. zuJl4 il k thrV-
APPARENTLY THERE IS NO ON-SITE PffINETN. F(TSIOTNT TS
ED MORIN IN LAKEI,IOOD, 985-2725,
I GOT THIS INFORMATION FROM DIANE AT VAIL BOOKKEEPING NHO DO THE BOOKS
FOR LIONSMANE. HER NUMBER IS 476-1542
oa
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u;/Lo"4 * Vee nif ,{", 7".1 hte t\ a f.ri/hnrulor- .7 .;*U y'" {a"!. on'!. /"tc ty lr"^'.-
82 */67'2 th'e /" .o*/, L.Le -,11n,.'{ n {n
.n/ n ill y /ii^r. //" .o^ te f ttc,\ccr "€ &g
purk *iy'l t*,1 np.r,*;/ )* l/u C/r.r.- a-''-e iu/.J
!.. ,'a Ill
Project Application
-I.-
u--
t.b v3
.tr..--tfrtC^1
Proiect Name: ,'' | '-'r'V\,ah<
Proiect Oescription:
Contact Person and Phone il-rt
: -;}. ,\l
i
. Address and phone: t,,, r.: w:.a *.< JL l)">Q:c-' - l, a
o.,Jl oJ- ""-T)r,^-.- *T-.,.^],\,. l- t-1"tt4.-t6tt
Architect. Address and Phone:
Legal Description: Lot lv"r''r5YYt"61 ttr.
Block Filing Zone
-
Comments:
Design Review Board
Date
Motion by:
Seconded by:
APPROVAL DISAPPROVAL
Summary:
Oh o 6:t T u- €*6' 97 ,
Q-L-e3
T Planner
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lr'1, , .li' r lilj''h.
l,llil ll' llil l,li'i,,'il,i,,
()li /i i'1;:i1 it. l'lii:
P[RI'IIT NO.
irl,r i i){ lll.1 ||
ir l, ii(UL iiitii
l)i -i,'lirY
Ic'trr.t:
r,J,r I i
DtrTr__ n:b_- ca,
Ol^JNtR 0F PR0|'[RTY l..i.o^.sr,-..o o* ,-T orrz_.,:-:r$<.=-___
ADDRISS 0f PR0PERTY T0 UE SERVID t rzr,j fJ-'.| (J " .* .()*i,.-Jo
NAME OF APPLICANT
LEGAL DESCRIPTION PROPERTY TO BT
(Attach description on separate
ADDRESS IP6
SERVED:
sheet if necessary)
Corner Lot Inside lot
DESCRIPTION OF STRUCTURE OR ITEM(S) INTO RIGHT-OF-WAY
Attach plans shor,ring encroachment, property f ine, sidewalks,
meters, polices, manholes, any other affected apurtenance jn
or dimensjoned) and section(s) as well as elbvat.ions (if appl
curbs, j ntakes,
the project area
icable).
hydrants,
(to scal e
DOIS STRUCTURE ;PRESENTLY EXIST?
PROPOSED DATI FOR COMMENCEMENT OF CONSTRUCTiON 1-to- f3
In consideratjc-in of the jssuance of a revocab'l e permit for the structure above indicated,
appl icant agrees as fol I ows:
l. That the structure herejn authorjzed on a revocable perrnit basis is restricted
exclusively to the land abcve described.2. That the perrnit is IimiteC specifical'ly to the type of s'rructure described jn this
appl ication.3. That ihe appl icant shall notify the Town I'ianager, or h'i s duly authorized agent, tr^renty
four hours jn advance of the time for commenccment of consl.r"uction, in order t,hat proper
i n s pec ti on may be ma de by the Tr:rvn .4. That'uhe applicant agrees to indcrnnify and save harmless the Town of Vail frorn and
against all c'l airns, suits, damages, costs, losses and expenses in any manner resulting
from, arising out of, or connected with the erectjon or rnajntenance of the aboveidentified structure.5. That the perrnit may be revoked whenever it is determjned ihat the encroachment,
obstruction, or other structure constitutes a nujsance, destroys olimpairs the
use of the right-of-way by the public, constitutes a traffjc hazard. or the property
upon tvhich the encroachment, obstruction, or structure exists is rc.quired for use
by the publ ic; orit may be revoked at any tirne for any reason deenred sufficientby the Torn of Vai l.
That applicant wiil rernove, at his expense, the encroachnrent, obstruction, or
structure within ten days after recejving notice of any revocation of said permit.
That in the evcnt said rcmoval of the encroachrrcnt, obstruction, or structure is not
acconlplished within the ten days, the Tor.rn is hereby authorized to relnove sanie and
app'l icant agrces to rejmburse the '[or^rn for the cost of said rerncval . The Tovrn shall
have the rigtrt to make an assesinent against the property and collect the costs of reincvalin thr: sarirc iranner as gcncrra'l i.axes are col'l ectr-.d. -
That the pu'rnit so jssued is not assignable, and is issued so1e1y to the undersi-oncd
appl ic.rnt
Thal- thc applicant has read and understands all of the terms and corrditions set ft,, thin t.hr's appl ication.
Si gnatu a if
6.
B.
9.
narc1/P/ts/
Town
o t- c'oiririrull i ty i,i,vc I ol irrr,:rr r"
l^
i.lorks
Approved:
i rcctor
D^rF.v7st/
e
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/
MARVIN SIMON VARIANCE
VERBATIM TRANSCRIPTS
PLANNING & ENVIRONMENTAL COMI,IISSION
MEETING: July 25, 1-978
COMMISSION MEMBERS:Gerry ithite
Roger Tilkemej-er
Scott Hopman
Ed Drager, Chalrman
Diana ToughillJeff Flagg
STAFF:
The 4th item on the agenda, Lionsridge Phase II, Marvin
DRAGER: Diana and Terry are out there huddling over the 1egalprocedings of what happens with his application as of today's
meet ing.
TILKEMEIER: Because we were supposed to have to make a decislon
today.
TOUGHILL: Well, I left the room to hunt for you and about fourother thi.ngs happened, What j-s Terry's decision?
DRAGER: I don't know. I think he wanted to talk to you.
TOUGHILL: Where is he?
DRAGER: Last I saw him. he was in the coffee room.
We1l, by reading the procedur a1 rules to find out what thesleps are.
TOUGHILL: We1l, that's what f wasoptions,saying. He had a couple of
TILKEMEIER: There he is.
DRAGER: Let's discuss his options with him to make sure he under-stands the options.
TOUGIIILL: I guess for the record, our'failure
and lack of action by the Planning Commission,variance is automatically approved and goes tofinal decision on August 1, 1-978,
HOPMAN: Why is it automatically approved?
TOUGHILL: Because the Planning Commissj-on has
of lack of a quorum
the request for
the Council for
failed to act within
MARVIN SIMON VARIANCEJuly 25, 1978
Page 2
their 21 days; it was already postponed once so we could go do
the review; and we don't have a quorum because Sandy fai-led to
show up after a golf tournament; Ed can't vote due to a conflj-ct
of interest.
HOPilIAN: OK, then how do we stand? What i.f I don't want to go
on record that way?
TOUGHILL: Oh, you can go to the Council meeting and make whatever
comments you'd like, And it will go to the Council with a memo
stating exactly what happened: I{hy the Council is getting it is
by default,
QUINN: What time does the Council meet for these things?
TOUGHILL: 7:30 p.m.
QUINN: Wou1d?
TOUGHILL: I'm rea11y convinced it really doesn't make much dif-
ference at this point, because I think regardless of the decision
the Planning Commission made, it would end up at the Council anyway.
If you approved it, I think it probably would be the bestposition to appeal it to the Council.
If you disapproved it, I'm sure the owner wouLd.
Itm not sure j-t makes any difference anyway.
HOPMAN: All I want to do is just for the record make sure that
the statement is very clear as to why it has gone to Council.
TOUGHILL: I will write a memo to that effect to the Council.
HOPMAN: And that in fact, that we had not..interrupted.
DRAGER; Maybe if you could circulate that to the ? Planning
Commission who are eligible to vote, beforehand, so that they.
HOPMAN: ....(from the background comes out) has not made a
decision on that or havi-ng been voted on.
DRAGER: lfe'11 get you a copy of her statement to the Council
beforehand so if you disagree, or would like to amplify, or
wha.tever, you would have the opportunity to do that.
TOUGHILL: I think what would be appropriate for the Planning
Commission: i-f you have strong feelings one way or another,
that you attend the Council meeting and express those as a
MARVIN SIMON VARIANCEJuly 25, L978
Page 3
Planning Commission member. That you haven't had an opportunity
to do that.
V{HITE: I think what might be appropriate, would be to go out and
take a look at the property since we are going to probably make
a statement to the Council. Would that be alright with you?
DRAGER: Sure wouldn't hurt if we'd look over the property.
QUINN: ...Marvin Simon right now and Irm sure that he'd be glad
to show it to you.
UHITE; If we could iust take a look at it, a short visit with
it, then we could be a little bit more.
?: I'd like to go see it.
?: So would I.
QUINN: Do you know where this building is?
?: Not precisely, no.
QUINN: Do you know where Telemark is?
?: No.
QUINN: Irll call Marv and tell we're .,..he's been waiting all
afternoon,
WHITE: I know, it's been a great disappointment'
TILKEMEIER: IVer re sorry.
HOPMAN: It's been very difficult for us to try.
?: Let ts go.
TILKEMEIER: I move we adjourn to visit.
IfHITE: Let's just adjourn period.
TOUGHILL: You can adjourn period.
DRAGER: Adjourn perj.od, there's no need.
- meeting adjourned -
o
MEI,IOR/\NDUM
FROM DEPARTMBNT OF. COMI'IUNITY DEVELOPMENT
1lo
DATE
PLANNING & ENVIRONITIENTAL COMI'IISSION
6 July 1978
nEl' Marvin Simon, Lionsllane Phase II, Units 23 & 25 -
Request for Gross Resiclential Floor Area Variance.
units 23 arld, 25 of Lionslrlane.Phase II have been the subject
of a 1ega1 dispute slnce JuLy 1977. Construction on l"ofts
commenced rvithout a Building Permit or Zoning approval and
work was officiaLly stopped. lVhen construction then continued,
a Summons and Complalnt was issued and the issue was heard in
Municipal Court. The Court dismissed the charges on a technicality.
Our Department then requested permission from the Council to
take the matter to District Court for a ruling. The Town requested
an injunction to prevent use of. the portion of the urrits in vio-
lation of Uniform Builrting Code and the Zoning Ordinance, .which
preliminary injurictlon was granted v.'ith instructions given to
Siriron by Judge Jones to apply for the Variance and seek a Building
Permit.
The part of Lot 5, Block A on which the building is located
contains 17,791 sq. ft. and the Medium Density l'Iultiple Family
zoning allows a maximum of 6,226.85 sq. tt. of gross residential
floor area (GRFA). The existing building contains 16,801 sq. ft.
excluding any of the "questionable" loft areas. The proposed
Varj.ance w'ould increase this non-conforming GBFA by approximately
3OO sq. fl . Chapter 18.64, Non-Conforming Sites, uses, structures.
and Site Improvernents, is very specific about enlargement of non-
conforming structures. Section 18.64.050 states that:t'Structures and site lmprovements la.rvfully'establishedprior to the effective date of the ordinance codifiedln this title rvhich do not conform to the developrnent
stanclards prescribed by this title for the district in, which they are situated may be continued. Such structures
or site improvements ma:i be enlarged only in accordance' with the following J,imitations:
Structures which do not conform to density controls may
be enlarged only if'the total gross residetttial floor
area of the enlarged structure does not exceed the total
gross residential floor area of the pre-existing non-. confornring structure. "
Larry Rider, i-n a previous memo to the Planning & Erlvironmcntal
Conrmission cautioned that we shoi.rld deviate from these standards
only in unusual and extreme cj.rcumstances
CoNSTDEnATTON OF FACIIORS (SECTTON 18.62.060)
l. The relatj.onship of the requested Variance to
other existing or potential uses and structuresln the vi-cinity
Page 2
llemorandum -
Marvin Simon
Request for , Lionsl'lane Phase
Gross Residential
II. units n & 2?-
rr6or Area Variance
PEC
2, The degree to which relief from the strict or
literal i"t"tptutation and enforeement of a
ap."itiuA t"gitfation is necessary to achieve --
cimpatibilit! and uniformitv of treatment among
sites in the vicinity, or to attain the obiectives
of this ordinance without grant of special privilege'
3. The effect of the requested variance on i'ignt and
air, distribution of -poptti"tion' transportation and
traffic r;;;ii;i;", pituiit f acii'ities and utj'lities
4. Such other factors and criteria as the Commisslon deems
applicable to the proposed Variance'
lVhen the Lionsridge area was annexed to the Town' cur
Department, tne Frannlng s nnvironmeni"r cor*ission and the council
felt tbe existinl [""tiiv r'vas far too high ' at an average of
35 units per acre, and zoned tne-existinE uuiraings Medium'Density
so that no additional dens:'ty couid Ue alded on the developed
sites. The aclioining undeveloped sites were zoned either
Residentlar crusie"--5r ioiv neniiiy Ln an attempt to bring the
overdll density somewhat closer t6 trre balance of the Town of vail '
TheGrowthManagementReportconfirmedthatoverpopul.ationis the biggesc threat to the Gore Va11ey'
The requested Variance does not seem great; however' an
average sized u"J"""r-is onty 120 sq. ft. If a proportionate
amount of GRFA were added as bediooms to each unit in Lionsridge '
ourpeakpopulationinthisareacouldbeincreasedbymorethan25%Increasesofthissizethat.""roberentedshort-termcould
have a disasterous impact oo popririion in the val-ley if the total
ottU"" of multi-family units i's considered'
There lrave been no other GRFA Variances granted in the
Llonsridge area. Two Variances ot SO =q' ft' each that added living
$;;;-a"d not bedrooms were denied in Sandstone'
Due to the extent that this building already exceeds the GRFA
allorvable, rve do feel that this would be a grant of special privilege'
The additional square footage rvould' result in the GRFA exceeding
wbat is allowed bY almost 3OO%'
FINDINGS
1. That the granting of the Variance will constitute-- irant of -pecial privilege incousistent lvith the
linnitatiorr" on- otir*" proferties c]'assif ied in the
same District.
FIIi
I
Page b a
Memorandum - PDC v
Marvin Sj.mon, LionslUane Phase f f , Units 23 & 25 -Request for'Gross Residential Floor Area Variance.
2. That the granti.ng of the Variance could be
detrimental to the public health, safety or
weLfare or materially injurious to properties
or improvements in the vicinity
Granting this Variance could set a negative precedent byallowing excessj.vely large multi:family units to be built orallowing additions on units which already exceed the GRFA
requirement of the Zoning Ordinance., Non-conforming structures
should not be allowed to become more non-conforming, partlcularly
denslty.
3. That the Variance is not warranted for the followingreasons: The strict or literal interpretation and
. enforcement of the specj.fied regulation lvould nct
deprive the applicant of privileges enjoyed by the
owDers of other properties in the same District.
The applicant states that the hardship in this case isthe nurnber of people who have been using the space and thepossible reduction resulting from the expansion. (See
attached application.) We feel tbis is an absurd argument.
Tbe Department of Community Development strongly recommendsdenial of the Gross Residential Floor Area Variance soughtfor the reasons stated above. We also feel there has been nohardship shorvn j-n the request. The Zoning Ordinance requirestbat a physical hardship be demonstrated in order for aVariance to be granted.
v]
o
Apg l lcal i on Date
Hoarlng 0a ta
F1161 Declslon date for Town Counci I
I fBGo tlarrr{ n {| -.rn. ---------_:----.:_--
ln
APPLtCATt0ll t-0rr vAntA'.lcc
And/Or
COt'l0 | T l0llAL US€ frERf.t I T
Ordlnonge tto.8 (Sarics of l97l)
Publlcation Oa tc
floarlng Fee
P. _0. Box 733
(App licirnt)
-f
1061,v,1tr v{lv nrr,t Vq.l I Vle(Addrcss)ye
, #hone 4?(,_ttl!.t
do hcraby requcsf pernission fo appear before the Vai t planningGommission to request the f ol f o"ll.,i: -'
(X t Variance f rom Arf icle_, Secllon
! I ?oning Change rrom to( I Parking Variance( ) Condif ionaJ Use permit to al low
7one.
For the follovring descri bed p rope rty: Lofltract B.lock
Fl ling I'lumber
Clearly statc purpose and i ntenf of this appiication To colpleJg'r tl e s ec on:l 'rn.l t
as non-conf
tott" t,," OuttUtnu
"oO" tor r,." ro,* oa,rrrr. ".,r: OuraOrrr",
qs
fesldentle L f loor erea tnat t,ren lrould be uer"ltted.
[hal do you fecl ts ihe basis for hardship in this casc? T,rese
gomuleted excet)t E.I-
.(
nlth thetr ol.n l.*"rr c:l aDarEmen b.
sprrce tf 111 be ndd ed .
o
PLA}INING
AGF,NOA
AND liw IRONII[N'[AI, C0i'D4ISSI0N
JulY 11, 1978
Work Session -
l.
2.
Discussion
Discussi on
of environmental goals and
oF proPoscd PUD ordinance.
long-range Planning.
1.
2.
3,
Lionsmane Phase II, Marvin Sinon - Request for CRFA
units 23 and 25, Lot 5, block A, Lionsridlc Filing
Alfred Uihlein - Request for-setback variance' Lots 4 and 6' - fJf{n*t''i
BlocL 2, Vail Villagc Third Fi'Iing'
Leanring Tree - Request for Conditional Use Permit to allor' t tJ
private school in an Agricurtural zone District, l.tountai" J"?, - ftiilo'
Site. r Q
4,9pa,Urida,N.v.-Requestforparkingvatiance'Lotl'Block2'netr\DJc'€/r\
nVail Lionshead Third Filing'
)Jar\5. Canadas of Vaj.l - Request for Conditional use Permit t"rtlllX - figgt"'reaf estate office on filst floor in a'Ccruirercial Core
district-
n
6. Alder - Request for Gross Residential Floor Area variance to allol'r.AfP^oi"-\
. aridition to Bighorn Terrace unit'' - rl t
..,'
7. Tilkcmeier - Rc.quest for setback variance to allor" expansion of A,Aa\OJaiy-\
resiclcnce tocatcd on .lor.mrrotrse site i,--a portion of ltt 2, Gore - o tli l'
Creck lrlcadoris Filing No. I'
variance for --ANo. 1. - 7dl$Le[
Notc to Plairrring (loinrlissi on:
aftcrnool i f Yotr r'r:|rlt to Pi ck
Balancc of ntetnos l;ill l>c ready lilotldrly
thcn ttp.
r
MINUTES
PLA}TNING & EWIRONI14ENTALJuly 11, 1978
IIIEIIIBERS PRESENT:
STAFF PRESENT:
Gerry White isof interest.
Diana Toughillof consistency, the
opposition to this
COMMISSION
Ed Drager, Chairman
Sandy Mills
Ron Todd
Scott Hopman
Gerry White
Pan Garton
Roger Tilkemeier
Diana Toughill
,Ieff Flagg
chairing this segment as Mr. Drager has a confLict
stated the staff feeling is that on tbe basis
Deparilnent of Comrnunity Development is in
request.
The sleeting was brought to order. First item on the agenda,
Lionsmane Phase II, Marvin Simon - Request for GRqA-yarignse
Terry Quinn, Attorney, is representing Mr. Marvin Simon who
Ifas also present. l,!r. Quinn explained the proposed rernodeling, and
advised the Commission that on two other units, the Town of Vail
did issue Building Permits for the same remodeling and renovation
that they want to do on units 23 and 25. Mr. Quinn and hls client
feel that with the proposed remodeling, the units will house fewer
tenants, because in the past they were in essence, t'f lop houses- "
l,lr. Quinn then discussed the court transcript and the judgers
feelings on this matter and his judgments as stated in the transcript.
Mr. Quinn stated that he feels with the i-mprovement in the units,
this will enhance the neighborhood. He added that the "hardship"
is the Town of Vail staff opposition to the proposed improvements
to the units in question, and that his client didn't know this in
advance, he relied on the existing use and will not realize a return
on his investment if he cannot do the improvements as proposed-
They feel also, that these units will be out of harmony with the adiacent
units.
Pam Garton asked when units 22 and 24 were remodeled? Mr.
Simon answered that these were done 12 months ago (approximately a yeax).
Diana Toughill advised the Cormnission that the improvements adding
the grosg residential floor area for these units was completed prior
to annexation. She added that these units are somellthat differentt
and that the Corunission should. probably look at the units before making
their decision.
Terry guinn advised the conunission that they wiLl not be making
units 23 and 25 larger than the rest of the units, and he agrees
tbat the Commissi.on should come and took at the units as "befores 6l
afters.'
Page 2
PEC MINUTES
7 /Lt/78
Ron Todd stated that in 1973 when the building was built,
the snow load was 40 lbs., and it is now 70 lbs., he wonders if
they checked into the structural soundness.
Terry Quinn stated that the flooring has always been in
the units, u"t unfinished, that the units were known as "crash
pads" in i.fre past and I"1r. Simon wants to upgrade them so they
Lannot be used in thj-s manner. Mr. Simon added that he thought
all he needed to do was to obtain the Building Permits to finish
off the uni-ts and found that this was not so.
Pan Garton advised the applicant that the cornmission realizes
the problems with the changes in densities and zoning changes
when- the area was annexed, but with investing in real estate
there are no guarantees. Gerry llhite added that he is very
Concerned with rnaking these non-conforming units more non-conforming'
After discussion, it was decided that the conunission along
with staff will visit the units. They will 9o in a group'
two weeks frorn today, July 25th at 2 P-M. They will nake their
decision on that date.
Pam Garton made the MotiOn to table Lionsmane Phase II'
llarvin Simonrs request for GRFA Varj-ance for units 23 and 25,
Lot A, Lionsridge Filing No. 1 until July 25 ' L978 after an
opportu"ity to inspect iaid properties. scott Hopman seconded
ttre uot:-on. The c-orunission votea unanimously to table with Ed
Drager abstaining.
The second item on the agenda was set back because there
was no rePresentative Present.
Number 3 on the agenda, @i.n9:sr99 - Requ?st fgr-co{Idlligllal
Use permit to al1ow a irivate-EltE[-;-=il Agfrcultural zone District
ffie.
John Perkins represented the Learning Tree, he showed the
commission drawings -ot trt" proposed day cire center. He explained
tfrat it is very similar to lhe-ABC School, and it will also have
a similar lease agreement. He noted that the parking has been re-
arranged somer,rrhat and will be located between the buildings.
The sfructure will be one 1evel , and 1,000 sg. ft;; it will-be -
matched architect".iffy to the building alreidy there, it will be
i recuangular building of simple design. The student capacity
riff Ue iO cfri:-aren mixirnum aiify. tfiey are adding two parking sPaces
to the original ProPosal
Diana Toughill stated that it makes sense to put-the.schools
together and tfrat the leases are simi-lar. The lease for the
Leirning Tree has been unofficially approved by Council and it
will be acted upon on JulY 18' 1978
',....'It
AGENDA
PLIINNING & ENVIRONIMNTAL COMMISSION
July 25, L97g
NO ITORK SESSION - Site Inspection at 2 P.M.
Public Hearing 3:00 P.M.
1. ) Cold Stream Amendment to SDD4
Postpouement to next regular meeting.
2. ) Wedel Inn RezoningIndefi-nite postponement requested by appllcant '
3. ) Fallridge Townhouses - Shapiro, Request for Setback
on Lot l, Sunburst Filing 2.
4. ) Lionsmane Phase fI, Marvin Sinon - Request for GRFA
variance for Units 23 and 25, Lot 5, Block A,
Lionsridge Filing No. 1.
5.) Cugents of Vail Jewelers, Building Bulk, Parking Variance.
Postpone Indefinitely, requested by applicant.
6. ) Tim.Garton - Highland Meadows Filing No. 2
Preliminary Plans
MINUTES
PLANNING & ENVIRONMENTAL COMMISSION
MEETING: JuIY 25, L978
COMMISSION }TEMBERS:
STAfF:
Gerry White
Roger Tilkemeier
Scott HoPman
Ed Drager, Chai-rman
Diana Toughill
Jeff Flagg
Thefirstitemontheagenda-ColdStreamAFendmeltto SDD4. The applicant requested a postponement to the nexr
;ffi'r""ii"g-t;G;;i 8, ^tez8).- G-erry w!_i!e made the uotion
i"-p""ip"ne th6 c"ii strearn Amendment to SDD4 until the next
".g-"i.tiv sctreduied meetj-ng, Scott Hopman seconded the Motion
and tUe bommission voted unanimbus aoproval'
The second item on the agenda is lVedel -Inn.Fezonig$
for which indefinite postponement was requeqtgg PY the apprrcanr'
ScottHopmanmadetheMotiontopostpone-ind.efinitelythelVedel'Iun Rezonj-ng at the request of tbe applicant, Gerry l[hite seconded
the Motion and th; Com;ission voted unanimous approval'
The third item on the agenda - Fallridgg.Tqwnh-o-useg
Shapiro uest for Setback on lot i, SilU"t"t FIfjnq No.?:
"'= i'=Y-=': ;ii :I sentationDalton and Abe >napfro rveie present to make tnerr --- -.-^..1r-E r.'i1l.r5l Lt&J- v\JLt vr.wr',.- Mriance wouldi" in. Commission. Scotl llopman asked whether th€
----.: ^-A^ -armi 'f;:.;i; il'T;=-;i t"."r. ur. parion said no, the variance permits
8"""i"" areas tor i""ascaping. Mr' Shapiro stated the variance
wouldallowformoretreesbetweentheroadandtheunits;and;#;-*iii";";;;.;;;;. --;i;"a rouehill, gtat?l ll*^tl? :::i1"";fii ffi;j-;";-;;;;'i'""uui'--'ou'd-to""tion in- t:IT"^::-?i?*"-
$iiiu"iifi;"*r;;;;o^ irrat the maximum grade 9_" !b? straight sections
i. A*f and that approval had been given by Kent Bose'
Gerry White asked about parking.' Fr11k Dalton stated
that there will be 2-car garages t oa.t lhe units, into tbe hillsides'
Gerry T{hite made the Motion to approve-the request {ot 3
Setback variance on Lot 1, sunbur"t ririn-g-ttto. 3., Fallridge Townhouses
lD accordance with the statements set torltr i.n the Department of
Cornrrunity Development memorandum dated July 25' L978' Scott Hopman
seconded the Moti;"- "oO the Commi""ioo votLa unanimous approval'
The Commission then went to item five on tbe agenda'
Currents "tleir--{e - Builqins =89+k ' , P?r!1lg:Y1:11+ce ?nuyl. r-e[r:.P t-/r..:5,f r. svrr"^"'" . AiflcE-T[e-app t i c i[T-EfilTeques t ed i nde f i n rt e po s I L r - i : - .: +- ^ -r'il#I;.";;.-#;;"il -n.e""-iiikemeier t9 pgllpone indefi:l::1y,,::?
ffi;:; li-c"ii!'il "i'i':,i-i;;;i;;', e"itaiiq ?"-tI' ^li:Iif,fl,YarianceI3';4";:t;;^;;-;;."ipp:.i.""i. - r'r"ti"" :::?"ded bv Gerrv white
""a-iri. Commisiion ltolea unanimous approval '
Pe. 2
MINUTES
PEC - JulY
At
arri.val of
Meadows.
25, 1978
this point
Tim Garton
the Commission adjourned pendlng the
p"E"."ii"g preliminary plans for Eighland
These plans are brought before the Cornnission as a
courtesy as this pt"i."t is oitsioe the Town of Vail boundarj-es'
Conrnents from the Corunission are being sought- by Eagle County
This project is going on the former Elmore Subdivision' Vail
Vifft-g.-w"Jt riri"g fio. 3, which-is proposed-to consist of
32 acres with 33
';;pi;; rots. Tne planning & Environmental
Conrrissionconmendu.atn"developerforthecovenantsandthe
downzoning. A letter witl be piepared to present to Eagle County
containing the corunission's comments and thougbts on this proiect'
The 4th item on the agenda, Lionsrigge Pha:g IIr-Mlrvin
Plans.
Simon
EIoc[
Terence Quinn, Attorney was present. to-.represent
Mr. Simon. secauJe of a conftict ot interest' !'1r' Drager could
not vote on this variance request and because of other commitments'
several Commi-ssion members were absent and there was no quorum for
avoteonthisitem.Becauseofthetlmelimitations'thls
variance request tuirr g" before the Town Council by default ' ..
Diana Toughill st;i;a lhat sne will prepare a memorandum to the
Council explainine-ihi" situation. . Scoit l{opman stated that he
wants to go on relord as having made no decision on this matter'
Those members p"""""f did make the site inspection as planned,
leaving the meeting at 4:35 P'lr{' The LionsiiAge Phase II request
for GRFA Variance ior Units 23 and ZS on Lot 5' Block A' Lionsridge
Filing No. 1 will go before ttre Town Council on August 1' 1978 at
7:30 P.M.
Meeting adiourned.
box 100
uail. colorado 81657
Bo3l 476's613
Town CouncilP. O. Box 100Vail, Colorado 81657
office of the tqwn managel
August l, 1978
Be: Lionsmane Phase If - Marvin Simon request-
for GRFA variance for Units 23 & 25, Lot 5,
Block A, lionsridge Filing No. L
Counci Imembers: '
The granting of this variance by the Planning conunission by
defarilt wasl of course, due to a lack of a quorum. However,
three members of the Planning commission did visit the site,
and as one of those who went on the inspection, the'following
are.my reactions:
The space to be converted from storage to usable. floor area
does irot have adequate access nor adequate ventilation, neither
of which are zoniig concerns' but were discussed. The spa99
is the unfinished 6eiJ-inq of the kitchen, located in the mid-
dle of the apartment, which !1r. simon would like to convert to
bedrooms and bath so that he could increase the sleeping capa-
city and, therefore, the rental fee.
It is worth no+-ing that each aPartment is divided into two units,
one of which is a one-bedroom apartment with a J.iving roomr a
full kitchen and the above mentioned storage sPace. The other
unit is.a sludio, kitchenette room located directly across the
hall from the full-sized unit, and just inside the nain entrance
.to that numbered, divisible unit.
In short, it is my personal opinion that the reguest for GRFA
Variance'is unwarianted due to the size of the already existing
space and its current ability to address the long-term housing
pioblem. By virtue of the fict that r^re are considering a request
tO rnake an already non-conforming use nore non-conforming, and
Mr. Simon's request in no rvay involves a hardship to him or any-
one else, I stiongly recommend denial of this request'
Sin
gf^.i< l"t*Gerry
n
G!f,/sjn
Vait Planning Corunission
IIINUTES YAIL CqJilCIL 1 August, 1978
REGULAR MEETING Tol.ll{
councllmembers voted to deny passage.of-the ordinance: Bill llli tto; scott Hoprnan; .Bob Ruder;
Havor Slifer. fnos" uotiig'.6iitii-O!^iii-oi tne ordinance were: John Donovan and Tom
iilinUetg.- The Ordinance was refused' by a 4 tc 2 vote'
The Council them moved to the consideration of a-request for consideration of the Planning
and Environental Conrn.isiio; ;.;i"i of a request for site coverage variance for Lot l0'
Vail Vit'lage Third Fit;;;-- ;;; ai.iter Residence. The architect for !lr' Statter explained
the reasons for ori g i n ii" t.qu.it-iot -ihe variances being-due to the hazard areas located on
the property and the.iiti]ili'ir'i'ninJi.ipp"a member 6f the familv' There was a seneral
disucssion between the Council, Mr. Statter and the architect regarding the possjble.use of.
an e'levator in the bui.lii.gl'i"a i,in.i possibie alternatives to design and construction of the
building which would Ue poiiiUte wjthout u uu.i"n."- Councilmember Donovan asked if a two week
delay would cause any;.il;;i;';.;'11".-ititt.", who responded that.thev would probablv not sia'
constuction until next ip.iig-unyruuv. Mr. Donovan then'asked if .the current drawings coulC be
left with the Councit i6l iritnei iiray. Mr. Statter agreed.to do so- Councilmember Doncvan
then moved to table tn.-qu.ition uniit-ti'. next regular-meeting of.the Council; Councilnenber
Ruder secondea tne motioi;--all present voted in fivor and the motion passed'
The counc.il then took up the matter of a contested request from. stanley A' B'lack.for a. setback
variance for Lot 30, v;il-m..Jowr-fifing No. l. Town Attorney Larry Rider explained.the
background surrounding ifr. ioni,iit"a vaiiance request regarding the timing of the ordinance
requiring notjfication oi-surrounaing property o*ne"s. 6ob and Eve Nott contested the grantjng
of ihe .liriance based on,the grounds-that'they, being-neighboring-proPerty owners were never
notified. Mr. & Mrs. rloti p.it.nt"d their ariumentslfor denial of the variance and Mr' B'lack
il;;;;i; r,is'a.grr"nt'ioi in"-n""a of a variince. Mayor-slifer asked the Town Attornev to
clarifJ the possible .orit.i of action open to the council. Mr' Rider explained that the
council cou.ld affirm ir," a"iiiion of the'etanninl-commission, reverse the decision,or affirn
the decision with modifications. councilmember I'lilto then moved as fo] lows: "Mr' Mayor'
I,ll make a motion. i ,.rii-..t. that we affirm the planning conmissions decision with the
nodification, tne *c,oificiiion-U.ing that, the deck in question be moved to the South per
l4r. B'lack,s comments i"a-inji tn. h6use be moved, uh, not q% feet Easterly, but.4L feet from
the property line, or'ii JJaitilj..i qu.feet." Miyor Siifer then repeated the motion bv saving'
,,The motion has been r;;.-ih;i lil plinning co#,issions actions be affirmed' that the deck
at the, I think lt's ine-Weii-enO-o? tne nouse,-Ue-moved in accordance with Mr' Black's
comnents and that tn"
-'fro rt"- U"
-mo
ved perpendiiutarty 4l feet from the property line'"
Councilraember Hopran s eliii"i-tn" '.ooti on. fn"-ioiii,tin-9 Councilmemberi voted in favor of the
motion: John Donovan;"i.,iii-H"pi..l-eiti tiliiL;- noa siit.r. Those voting against the motion
wire:Tom Steinberg una Bou Rudei' The motion carried 4 to 2'
Attorney Terry Quinn appeared before the counci l to address the question of the appeal of the
plannins staff of " pi!;;;;;-l;i'rl'titl,i.tiii-co*itiion sral!.I default of GRFA variance for
Marvin Simon, unites 23 and 25, Lot 5, Block n',li""tiiage Filing No. l', Lionsmane Phase II'
Diana Toughill and Larry Rider explainea tne reison-ior tie staff'appeal' mr' ay!11 explaine'i
that the reqson for the-variance iequest was to upgrade the apartments in the building and noi
to create additionat floor space. Ms. Tougniii ilq"eiiea thai the.Council inspect the prenise:
before making a Oes i cioi-on- ln.-ipp"u f . C6uncilmember Steinberg then moved to delay the
question until the nuii..griu" rLiting-or ti'. iorriit to allow-time for inspection; Council-
member Donovan seconoed the motion' A1 I present voted in favor and the motion passed' The
tinre and date for insp"ciion *it t"t at l!:O prn on Tuesday, August l5th' 1978'
concerning the appeal of Gordie and B.J. Rowe regarding the recreation amenities fee for a
single famity resioenci'ii-i.iit-ii, eigf'o.n iui.i."., diina Toughill explained that the appeal
came about because an"-nor" trouie exlsis in a nedium denisty zone and that the Rowes were
assessed a recreation fei uasea on the medium denisty rate.- -They have asked that the house
be taxed on the basis of a single famity awei ting.--fr.Voi Stifer-asked Larry Rider if. it^xould
be possible to anunend ihe recriation anrenitiei'6raininle, Mr. Rider responded that the counci;
cbuld possibly amend tnl-oraira"ie ina consiali i i"uii. io the Rowes. ile offered to research
the matter and.report lb the council at the next regular meeting. Mayor 51 ifer stated that th(
natter would bd discussed following that report'
The next item on the agenda xas a report to council and the public from the Employee Housing
Task Force. Staff nrember Jim Rubin reported ;; ;et'aii-of thb task force that two areas- of
focus and study by tne-co*,iitee-were:' |) fong ierm resident housing and 2) housing-for
seasonal resident nouiins ini ii.t.O tfrat tire-g6ai-"is to obtuin.l00 units of seasonal housing
by the 79-g0 season ind'to aisist those uuiiairs interested in the- construction of long term
housing by vJhatever melns available. lta,or iiifer then invited public input and participation
in-the corni ttee and its efforts-
+:?H",P"ouNcrL
REGULAR MEETING
15 AUGUST 1978
7:30. P.M.
l
I I. U.S. Forest service - rePort regarding RARE II'
2. Ordlinancb No. 26, series of 19?8, first reading' annexingl
;;;;it;;y owned by valf city corp' and Elmore t Associates'
Inc. to the Toltn of Vail.
3. Ordinance No. 27, Series of 1978' -first reading' ailopting
by ref.t"tt"e the 19?7 "Model Traffic Coile"'
1. Resolution No- 18, Series of 1978, designating October 24'
1978, United Nations DaY.
5. Resolution No. 19, Series of 19?8, reileeming Town of vail
Bighorn street Improvement Bonds.
ORDINANCES AND RESOLUTIONS
PRESENTAT I ONS
6. Statter Residence - appeaL of Planning and Enviroru:Ittal
comrnission's denial of request for site coverage varlance
i"i r"t 10, vail Va11ey Third Filing, continued from
August I, 1978 meeting'
7. Planning staff - appeal of Planning anil Environl:"t31
Conunission's grant Ly default of GRFA variance for Marvln
ai;;, units ij i-25', LoE 5, Block A, lionsridge Filing
No. 1, Lionsmane Phaie II, continued from August I' 1978
meeting.
8. The crest - request foi sign variance'
9. Potato Patch Secondl Filing - reguest for plat amendment '
10. Eousing Task Force rePort'
TOI,irN MANAGER REPORTS
TO!iN ATTORNEY REPORTS
CITIZEN PARTICIPATION
Ilitii'#l:'.
15 AUGUST 1978
The regular meeting of the Vail Town Council
August 15, 1978, in the Council Chambers of
was convened at 7:30 P.M' on Tuesday'
the Vail MuniciPal Bui lding.
lrlayor Rod Slifer and the following Councilmembers were present:
John Donovan
Tom Steinberg
Pau'la Pa lmateer
Scott HopmanBill Hilto
Bob Ruder
Also present were:
Terry Minger, Town Manager
Larry Rider, Town AttorneY
Ernie Nuhn of the u.s. Forest Service presented the background and.purpose of
the Roadless Area Review and Eval uatjon and distrjbuted copies of the Draft
Environmental Impact Statement. He requested input from the Town and jts
citizens,
ORDINANCE N0. 26, Series of'1978, annexing territory owned by Vai.1 City Corp'
and Elmore & Associates, Inc. to the Town of vail, was introduced.on first
i"iaint. Mayor 51 ifer itut"d th.t the petition for annexation had been received
earliei in t-he day anO wis signed by lob% of the territory's landowners' Council-
rnn Donovan moved to accept tiie petition; Counci lman Steinberg seconded the motion;
aii present voted 'in favor; and the motion carried. Town Engineer' Dan Corcoran'
statLd ttrat the map, prepaied by KKB1:A, was in compliance with Statutofy require-
nents. Mr. Rider read the anneiation Statute. In'response to a question regarding
the status of the pending ttest vail annexation if this annexation were approved'
llr. Rider stated that tn! tlest Vaii annexation election would be stopped as the
ElrOre annexation would take precedence. COuncilman Donovan moved to approve --
Ordinance No. 26 on firsi-r-a'ain9; Councilman Steinberg seconded ihe.motion; all
present voted in favor; and the nrotion carried. The Town Clerk was instructed t0
havi-ifte ordinance punjiinea in ful 1. llr. Rider then stated that the Council could
ais.uss possible .oning or iould refer that.rnatter to the Planning Commission for
recommendat i on s. Couniiiman iteinU"tg moved to refer the zoning to the Planning
Conmili;on; Councilman l,li'lto seconded the motion; al1 present voted in favor; and
the motion carri ed.
SRDINANCE N0. 2i, Series of .1978, adopting by reference the 1977 "Model Traffic
ioO"i;, rir intioduced d; ii.it readinl. Mr.-Rider explained that the lvlodel Traffic
Code is revised every three years and that no si-cnif icant changes were incorporated
in this edition. Councilman Ruder moved to approve the ordinance; -Councilman
l,lil to seconded the motion; all present voted in favor; and the notion carried'
The Town C'lerk was instruited tb have the ordinance published in full.
RES0LWI0N N0. 18, Serjes of .t978, designating 0ctober 24.- 1978, United Nations '
iiii,-*ui-i.tioouced by Mayor Slifer. Councilwoman Palmateer moved to approve the
"ei6t
uti on and to app-oini l'1ayo" Slifer u.N. Day Chairman; Councilrnan.Steinberg
iiconOea the motioni'all prelent voted in favor; and the motion carried.
RESOLT TION N0. 19, Series of '1978, redeeming Town of Vail -Bighorn.Street 'Improve-
neni-gonds, was introduced by ltayor Slifer. Stan Bernstein explained thatthe
resolution authorizes the Town to call 5105,000 in Bighorn Street.Bonds' thqleby
riOucing ihe-deUt. Councilman llilto moved to apProve the resolution; Councilman
Hopman ieconded the rnotion; al'l present voted in favor; and the motion carried'
vage z
trlth re-Eard to the Statter Resldence appeal of Planulng and
Envtroniental Commission's denial of their request for site
coverage variance for Lot 10, vail Valley Third Filing, Ml'
Stattei explained his schemaiic drawings, and Jin -Rubin _statedthat all ad;oinittg property owners have been notified of the
t"s"u;i. c6uncilian Donovan moved to affirm the Planning
Coimission's denial of the request; Councilman Wilto seconded
the motion; all present voted in favor; and the motion carried'
tritb regard to the Planning stalf's appeal of the Planning and
Environiental Commission's grant by default of a GRFA variance
for lrlarvin Simon, Units 23 ind 25, Lot 5, Bloek A' Lionsridge
Fillng No. t, Lionsmane Phase II, llayor Slifer stated that the
Tprn douncil visited the uni'ts in question earlier in the day'
Councilman Donovan requested a letter from the condominium
association acldressini parki.ng and favoring or opposing the
project. Di4na Toughitl stated that a-variance of this size-reqiirea no additioial parki.ng. councilman steinberg asked if
llr'Simon would. be willing to contract witb the Town to bring
the units up to Building Code standards and to keep the units
iong term housing forever- llr. Simon said no' The Council
sugEested anothei postponement, lut Ittr ' Simon's attorney, Terry
Qniio ".qn.sted a decision tonight. Councilman Donovan then
moved to reverse the Planning Commission grant; Councll-rnan.
Steinberg seconded the moticn' After some discussion Mr' Simon
"i""eA t5 talllng the natter one more time to try )to work out
tie situation, ihe Council then voted on the motj.on; the vote
was 4-3 with Councilmembers Palmateer, Ruder and Wilto voting
against; and the motion carried.
Witb regard to The Crest's request for a sign variance, -Jim Rubin
eipi"ioEa that a larger sign would be more appropriate for the
ia-rie waff of The Cr6st. He added that the sigu review board
bad voted unanimously to approve 23 square feet ' Councilman
Wilto moved to approve the variance request; CouncilwomaD
Pelmateer seconded the motion; all preseEt voted in favor; and
the motion carried,
trith regard to the Potato Patch Second liliug request for a
piai amEnament, Jim Bubin explained the rnap and request as no'representative of the applicant was present' Councilman Wilto
noied to approve the anlndment; Councilman Steinberg seconded
lue motionl all present voted in favor; and the motion carried'
EousingTaskForceReport.JimRubinStatedthattheTaskForce
had discussed a possiLle housing authority for vail lld h-ad looked
into the various parcels of land stil1 available within the valley'
EeexplainedthattheTaSkForcehadstudiedJoeStaufer'sproposal
wuicu'woura require the Towu to issue industrial revenue bonds,
and Vail Associate's proposal to build a ioint TQV/V| lroiect at
Lionshead for'employeL nousing. The Town Council asked the Town
Attorney to drafi an ordinance giving it authority to regulate
condominium conversi.ons within the TowD' Jay Peterson. stated
tbat his client, Chuck Anderson, was proceeding witb his-project
for uriddle income units involving Town of vail industrial revenue
bonds.
xltb regard to the l|lnutes of the August I, 1978, regular meetiDg'
iiayot Slif"r clarified that tbe Council's intent was to request
uvi yott,s neighbor, Stan B1ack, to move his proposed residence
to 4 Ll2 feet perpendicular to the property 1i'ne'- lfith that
coti."tiott, Councilman Donovan moved to approve the minutes;
Councilman Steinberg seconded the motiotr; all present voted iD
favor; and the motion carried-
TOTN ilANAGER REPORTS
llr. l,tinger stated that all Sunburst Recreetional Amenities Fees
have been paid, in answer to tbe Council's earlier request'
box 100
rail, colorado 81657
F03l 476s613
department of community development
16 August 1978
f,lr. Marvin Simon
Box 733
Vail, Colorado 81657
Ref: LionsMane Phase II Units 23 &-25. .'*" Rdr;;t for addiiional Gross Residential
'Floor Area (GRFA)
Dear Mr. Simon:
This tetter constitutes notification that the Vail^Town
has denied you" ".quli;-;;;-G;;t;-nesiaeniiJt
Floor Area (GRFA)
io"-Unitt 23 and 25 in LionsMane Phase II'
The reason for this denial 'is that the additional' GRFA
non_conforming struciu"""*o""-non-conforminc r.rhich would be in
i;"tlt;'iil';i v;il -i;i'i'd-b"ainlnie (section I8'64'050)'
Counci I
Vari ance
made a
contradi cati on
Ifyouhaveanyotherquestions,orneedfurtherinforrnationplease
contact mY office
sinterery,
n,1\f'\t\' ).fN2 l'-1r P-c(jn---
Lrdames A. Rubin
Acting Zon'i ng Administrator
JAR/gCW
cc: Terence Quinn'Attorney at Law
t'r
pl icablc buiLdlng codcs' "t"t5ttttry"
a variance under a situacion such as this. ThaE precisc issue
ts not in fronc of
this tlme.
For r^rha t it I s worth and
hearing this problem again, I
way I feel abouc it.
in the hopes thaE I wonr t be
will tell you Ehat chacr s the
So, Mr. Slmon, you will have to proceed to get a building
permic. The Courc recognizes Ehat there is a loc of regu-
lations in one's llfe any more, but I feet that building and
zoning is necessary, and for what.i.tt s worEh, Mr' Esqwith, in
response Eo your €rgumenE, these Ehings are probably necessary
ln socre peoplets minds so thaE it doesnt t geE to be any bigger
Dess, as opposed to getting to be a mess.
I wtll permit the wichdrawaL of the ordinance, the
adoptive ordinance, and the building code book, since Irm
sure dhat you would have' more use for that than.the Court
has ln its file.
E)&ibit 4, being the zoning map can be wilhdrawn, and
Exhibit 5, being the building condominium map' can be with-
drawn.
Mr. Esqwith, do you wish to Pursue furcher injuncEive
relief in the nacure of a perrnanent injunction, or did the
Court take care of that Problem?
MR. ESQI'JITH: Your Honor , ic t s cak'en care of , onc e
Mr. Siqon applies for variance and somehow waives the posicion
thac iErs a valid non-conforming use. Could we just say that
lf he applies for a variance, wetll see how that goes.
TttE COURT: He can reserve his'right to Petition
again, if he wishcs. Itrs obviously a non-conforming use'
MR. QUfNN: But a valid prc-existing non-conforming
use.
righE.
'abovc ma'tCcr was concluded. )
me aE this E,ime ' and I cant E rule on ic aE
TTIE COUI{T:
(l'lhcrcupon,
Alt
Ehe
ar TO:
IMUORANDUM
PLANNING AND ENVIRONME}ITAL COMMI SSION
FROM: DEPARTMENT OF COMMI]NITY DE\IELOPMENT
DATE: January 22, L98O
RE:GBTA Variance Request For Units 23 and 25' Lions Mane Phase II
DESCRIPTION OF VARIANCE REQUESTED
The Variance is to a1low the improvement of the two remalnj.ng upstairs
loft areas in Lions Mane Phase II with the condition that two of the
four upper units owned by l{arvin Simon remain as Employee (Long Term)
Eousing for a seven year period.
The present situation is that there is upstairs space in both units
tbat is habitable from a height and size standpoint ' but is not from
an access and fire safety standpoint. The space preexj.sted when the
building was annexed into the Town. At the time of annexationr three
of the seven upper floor units had tire space already converted into
living areas. Building permits werer also granted by the Town for
two of the remaining four units, to finish the improvements already
started. The request is to al1ow the same improvements of the two
remaining units. This adds approximately 30O square feet consisting of
two bedrooms and one bathroom to each unit. ( A total history of this
proJect is enelosed in your packet. )
CRITERIA AND I'INDINGS
revlew of Criteria and FindinEs. Section 18.62.of the
cipal Code. the Department of Communit velopment recommends
approval of the requested Variance based upon the following factors:
Consideration of Factors
Tbe relationship of the requested variance to other exlsting orpotential uses and structures in the vj-cinity.
There is no other building in the Lionsridge alea that has been
brought to our attention as having liveable space as accessible as
that in the upper leve1 units as tbat in Lions Mane Phase II.
The degree to which relief from the strict or literal interpretation
and enforcement of a specifled regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or tg attaj-n the objectives of this title without grant of special..--:-------'---"----prlvLr ege.
The hardship is that this space is and will probably continue to be
used as habitable space. It is impossi.ble to coni"nually police a
situation like tbis, and it is probably ln everybody's best interest
Llonsmane Phase II O
PqBe Two
especially withtruly safe for the employee housing restrictJ.on, to make the space
occupancy.
one potential negative impact of this request i-s parklng. There lspresently only one parking space per condominium unit (which does notlnclude seven lock-off apartments). Marvj.n simon, however, has agreedto work with tbe Town of provide more parking by cutting into the frontbank along Lionsridge Loop and parking cars vertical to the building.
Fuch. other faclors and criteria as the commission deems applicable
There are no otber factors deemed applicable.
FINDINGS:
I Commission shal1 nake the followingfindings before granting a variance:
Tbat the granting of the variance witl not constitute a grant ofspecial privilege inconsistent wi,th the timitations on otherproperties classified in the sane district.
That the granting of the vari.ance will not be d.etrimental to thepublic health, safety, or welfare, or materially injurious toproperties or improvements in the viqinity
Tbat the varlance is warranted for one or more of the followingreasons:
There are exceptions or extraordinary circumstances or conditionsapplicable to the site of the variance that d.o not apply generalryto other properties in the same zone.
DEPARTI{ENT RECOIT{Ir{B.IDAT IONS :
The_Department of conmunity Development is recommending approval. wefeel that it is improving an existing dangero.rr "it.,"tion and is notprecedent setting in that there is a unique history which goes withthis space. A najor factor in reconunending "ppro,rir. is tbE "rpi"v""housing provision: Ite are supporting a seven year time period. whichwas the maximum time period acLeptable to the owner, since we feel thatthe space ls there and would prolatly eonti-nue to be used as livingspace anyway. The improvements being requested. will rnainly make it saferfor-future occupants. I{e arso want to pur.u" the creation of theaddi'tional parklng spaces, and. would consider that to be on appropriate.condition of approval .
"rOo" "n"ur* ,r"o* ooau**rl
.lI
..1
1. ) ...Ltornsnane phase II--Eistory
: . '..ll
2'., lilemorandum Explaining Unlts ln Questlon
3. ) Floor Plan
4.> Court DecisLon
5. ) PEC Memorandum
6. ) PEC ltrinutes JuLy lL and ZS, L9ZB
7.> Gerry White Letter
8. ) Town Council Minutes August 1 and lb
9. ) Jim Bubin Letter
o
TIONSMANE PHASE II--HISTORY
December, 1975 Llonsridge annexed
Early, Lg76 Condo Association requested Pleirce and Carlisle
to inspect to discuss smoke detectors
Spring, lrg77 Slmon requested ilspection prior to purchase
(Plerce & Ziegler)
Jrtlry, L977 StoP work order issued
Aug. 5, 197? Inspection by Pierce and ToughiLl
2 or 3 days later Toughill meeting with Simon
Meno delivered bY Simon
Aug. 8, lg77 Blde. permit issued fot 22 &' 24
Artg. 9, L977 Agreement slgned by Simon 23 &' 25
Nov. 30, L977 ReinsPection
Dec. 5, ]-977 Letter-lO days to comply
Feb. L7, Lg78 Suomons and complaint-Dist. Court
June 2, lg78 court Decision (requiring simon to go througb
Variance Proceeding)
July 25, 1978 sinon variance Approved by PEC by Default(in excess of Time requirement)
August 15, 1978 Simrcn Variance denied by Town Council by a 4-3
vote.
!ry
n'Q"ttin simon acguired 10 ""itJ?o"oted in Lions Mane
Condominiuns, Phase Ir located in Vail' colorado on the 14th
day of June, 1977. i\tnong those units were four' namely numbers
22, 23, 24 and 25. Each of these units consisfs of a nain
level. with aPproximately 950 square feet of usable floor sPace'
a seParate lockoff unit with full kitchen and bath facilities in
a atudio apartment configuration and a second. floor area of
approxirnately 350 square feet' The main unie was designed and
flxtured for use as I bedroom' I bathroorn' living room' kitchen
ancl utility room and dining area' At the tj:ne of construction
by the developer, the second level of each of these four units
rtas Partially finished in the following manner:
'*22ThisunithadbeenremodeledPriortosimon.sacquisition
,u"^v"/zl , 1976 in the unit' but at the tine
of, purchase by Simon had straight stairway' carPeting' drywall'
closets with doors, deck rails' no battr but plunbing in wall and'
the second 1eveI space was wired' It had been being used as living
"("." .na a permit was first granted to rePair che fire darnage and
subseguently to s imon to uPgrade the existing second level space
and instalL a bath to accomodate the irnproved living space'
124 This unit had never been remodeled or improved since
construction, which was prior to annexation' but had drlMa11' carpeting'
wiring, deck rails, bathroom' closets and was atl finished on
the second level at the time of Simon's acquisition' A Permit was
h;;a;P".. - .cc"Js to the circular ""tl:: :::t:-:::-:tt"
in a closet and to make other interior rtpiirs and improvements '
This unit had at the tine of Simon's acquisltion 'a skylight
in one uPPer level bedrdom' It had been used as bedroom space
since its construction '
. 123 This unit at che time of acquisition by simon had its
aecond level sPace carpeted' fully drywalLed' but no room divider
walr as in *22 bnd 24r a steep straight stairvray, deck rails, wiring,
a fire exit PoPout skylighc' no bath' but plumbing extensions
in the waIl- this unit's second level as was the case rtith *22 and
24 hatl from the time of its construction been used as living space
and a permit htas requested to merely improve the existinq nonconforming
use to make the sPace more desirable' It was a request to upgrade
a btairrray that was dangerous and in no way would have increased
dgnsity, but by irnprovement of the physical facuJ'ty into fully
finished first class sPace so the unit could be rented to a family
gnit, rattrer than a grouP of singles'
. ,25 with respect to unit 25' s imon was requesting a permi't
to nake interior rnodifications to the second level such as would
bring unit 25 into a sirnilar conilition as units 2L' 22t 24' 26 artd
27 aLL of which have fully finisheC second level space' He was
requesting the right to Put in a 1ega1 stairv/el-l for ingress and
egress, a conformj'ng deck railing' doors' closets' a bath' adequate
inspected wiring, carPet and to finish the space to a habitable
infact condition' It would have contained nothing additional over
what was in several units prior to annexation or what was permitted
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--- - --u*";:j;::'::":::".:';:"::: ::""::,:p :::'::::::":"::::J,
parking and all other problems which exist in Lions Ridge'
Prior to acquisition'of the ten unitsr Sirnon discussed the
1llatterwiththeTownBuildinglnsPectorandwasadvisedthatcertain-.
rePairscouldbernade,certainmodificationswouldneedabuilding
Penhit and certain rnodifications eiere not germitted by the. ToYtn
underitsbuildingcodeandzoningordinances..Thislatergroup
ofnodificationsincludedPuttingloftsinseveralofthestudio
units. There is some disPute as to actual- requests and affirrnative
. resPonses with resPect to modifications and improvements to the
. four main unit second floor areas in question' In any event' building :
pennits were issued for construction in units 22 and 24 which has
beencotnPfeted.Theworkccnsistedofstairwellimprovement'bath-
roominstallation,generalrePairs'wiringandthelike'Thisvrork
.nadehistoricallyusedbedroomspacemorehabitableandupgraded
lt to the condition of units 2I , 26 and 27 in the building' With
the comPletion of that permitted work onl-y 23 and 25'now are in
anunfinishedconditionandreguestedrepairto23isnodifferent
thanthatalreadypermitted..Denialofthatpermitisdiscrimination
without distinction. unit 25, although it needs more work to bring
it to a truly quality habi*bIe fevel is noi requesting anything not
pernitted in 22 and 24 and the permit would only allow 25 to
enjoy the privileges, albeit sorne i11egia1ly converted, that all
' oth<jr second level units in the building currently enjoy' A
requestforareviewofthedenialofpermitsonunits23and
25 is reguedted for the following reasons:
the space has historically_been put._liio.-"""itru&ion. uiu.it-.-- --"
""4 afue or according ro rifea pra! hact been f,or bedroom
o
use In the second levels. The areas have been €ccessed by rnake-
shift; non-code stairways and have been carpeted and had deck rails
in the case of 23 and were plumbed for bathrooms.
2. ?o deny the owner the permit to upgrade the space. historically
used. as sleeping space,on these tvro units,when all other second
level units in the building have been either converted before annex-
ationrby the developers or owner$ would result in a strict or literal
enforcement of the regulations depriving Simon of privileges aI1
otrners of similar units in the same buildinq.
3. Simon by acguiring the ten onits ir.s taken effective
contror of the condominium Association and has caused the building
to be completely redecorated to better compliment the neighborhood
in a high visibility area. ihe building has resurfaced its parking
irea, improved the visual appearance and is in the process of being
sold to viable owners who wilr either live in the moderate priced
units or rent to individuals or family units who are employed in
the vdil community. Simons influence has had a positive impact on
the neighborhood and corununity by taking control of a real eyesore
and improving its appearance- and taking a literal slum and upgrading
it to an owner use project at least as good as any in the neighborhood.
Further landscaping will bring trees, bushes and more vegetation to
the site. severar solutions are under consideration to reduce the
visual impact of the dumpster.
i
-:--.'-1J5 :gTt" t: o"'-"-" l " t::*t-! t"
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to the East of the building and is in a position'
.to-lot A-'l---.-
to donate
o
that ground co the Town for oPen sPace'
5. The general upgrading has increased the general tax
base of che cornnunity and hopefully, especially if 23 and 25
can be upgradgd to the state of all other Lions' Mane It second
^.
level units, eliminated the town'5 last flop house'
You are 'respectfully .requested to reconsider the denial of
bullding permits to Marvin Sirnon for' units 23 and 25 Lions Mane
Phase rr'
he units wirl be sold, withIf the Perurits are not qranted' tl
off as storage lofts' Theonly the second level being dlrywalled
futureownersr'ithoutadoubtwillmaketheloftconversionwithout
a ^aila This is the inevitable result of denial'germit and not up to code- This. is th
and granting the Perttlit will allow only logical' code conforming
constructionandretaintheupgradedcharacterofthisbuilding.
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THE TOWN'OF VAIL, a
Colorado munic iPa I
corPoraFion,
Plalntiff,
vs.
MARVIN B. SIMON,
Defendant.
rN AND rOR THE CQV OF EACLE
STATE OF COLORADO
Clvil Action No. 3597
BE IT REMEMBERED thac on FridaY,
the same being a regular juridical day of
of the Fifth Judicial Di::Erict, Councy of
of Colorado, Lhe above-entiEled cause came
Preliminary InjunctJ.on, the HONOMBLE llM.
Judge, presiding in the District Courc in
of Eagle, State of Colorado.
REPORTERI S PARTIAL TMNSCRIPT
OF PROCEEDINGS
June 2, 1978, .
the District CourE
Eagle, of the Scate
on for Hearing. on
L. JONES, Discrict
and for the CounEy
APPE N C E S:
MR. IAWRENCE ESI(.IITH, Attorriey at Law' P.O. Box 1294,
Vail, Colorado, 81657, appearing in che place of IAI,IRENCE RIDER,
AtEorney for the Town'of Vail, P.O. Box 100, Vail, Colorado,
81657, appearing on behalf of the Plaintiff Town of Vail.
MR. TERENCE J. qUINN, AtEorney at Law, P.O. Box 1110,
Eagle, Colorado, 8163L, appearing on behalf of the Eefendant'
WHEREUPON, the following proceedings r^rere had and
entercd of record:
ARA
u f atltt
x'c I lr1
********
('i.'. ,-'
COURT: A11 right,lemen. The Court wlL1
flnd, based on the definition of the Code--and uhether you
like it or noc, the Town is sruck wlth ic-lthat the area in
question,. Units 23 and 25, was not habitab'Ie space.
With that finding in mind, I think ic then comes about
that there is a building permlt necesiary, and accordingly,
I would enjoin clie defendant, his agents, contractors, servanEs,
enployees, and attorney from proceeding any further with
actual consEruction until such permit is obtained.
The Court. recognizes full well thaE a variance may be
reguired. The Courc also fully recognizes that the zoning
applied Eo Ehis strucCure is an absurdicy in itself. To put
a place in wtrlch already has three-quarE.er tines the.allowable
densicy doesn't really solve many problems. I would poinc
ouC, Mr, Esqwith, in rhe section that you referred to about
non-conforming uses, which I never can find--if you will look
at 18.64.040, encitLed Uses, and read the entire paragraph,
I.think you will frnd lt enlighrening. Begin about the fifth
line down. 'rNo such non-conformi.ng use shall be enlarged to
occupy a greater site area or building floor area than is
occupied on the effective date of the ordinance.rr That
doesntt say to me residential floor area, it says building
floor area, which means to me EhaE we are concerned wich
that particular seccion of the ordinance. Density is noE
lhe number of rooms of a st.ructure or Ehe number of bachrooms
or the number of people that are going co live there. VJhat
we are c.oncerned with is how much of che site area we are
going to be consuming with the structure, and this Court would
think iC appropriaCe for che defendant in this case to apply
for"a variance, and assuming that he othemise complies with
-2-
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT Marvin Simon, representing the
Lionsmane Phase II Condominjums 'l ocated on Lot A5, Lionsridge Filing
No. I which is in a MDMF Zone District, is applying for a Variance to
allow improvement of Lofts in Units 23 and 25 with restrictions that
they be used as Employee Housing Units for a seven year period. This
applicat'ion is made in accordance with Section 18.'18.090 of the Town
of Vai'l tttunicipal Code.
A Public Hearing wi'l'l be he'ld before the Town of Vai'l Planning
and Environmenta'l Commission on January 28, '1980 at 3:00 P.M. in the
Vail tlunicipal Building. Said Hearing w'i'll be held in accordance
with Section 18.66.060 of the Town of Vail Municipal Code.
TOhIN OF VAIL
DEPARTITIENT OF COMMIJNITY DEVELOPMENT,.r'
YY'",a A,g.a,^
JYnres A. Rubin
Zoning Administrator
To be published in the Vail Trail l-ll-80.
RFCEIPT- ncftilnotttt
-ir9 8699oelrn l- t 'J ,,rnE
RECEIVEDFROM
ADDRESS
Permit Numbers
HO1V PAID-.Cash-Chec k nr''
Police Receipt,Numbers
o
TOWN OF VAIL
APPLICATION FOR VANIANCE
Application Date J drVr"'n q" tl 14
*t-Publication Date 74, q'qby I l-+-
PubIic Hearing Date +L
Name of Applicant
Name of Owner if
c,-ta,4
different from APP1icant
Mailing Address RoX -3)
Telephone
Legal Description: Lot A t, "t , Filing Lio'^sc.idA. # Iock
If property
Application
unplatted
hereby made
mtes and
Variance
of the
Vail order to allow:
Fho, .C o ,-,.olol'
UounOs descriPtion as exhibit )
from the provisions of
Municipal Code for the
L ac4
1v.ir*i o,nt
Lr 4 9r?
submit
for a
ts
1S
Section
Town of 1n
*+
Signature of APPlicant
APPLICATION I,IILL NOT BE ACCEPTED UNLESS ACCOMPANIED BY THE FOLLO\IIING
{,1s
1. Hearing Fee - $100.00 + $l-0 for EACII addressed envelope.
2. A LIST OF THE O$INERS OF THE PROPERTIES TVithi.N 3OO fECt iN A
Single-Family Residentiatl Trvo- Family ResidentialI or
T$o-Family Primary/Secondary Residential Zone District; or
adjacent to the subject property in all other Zone Distrj-cts.
The owners list shall include the names of al1 owners and the
Iegal description of the property owned by each. Accompanying
this list shal1 be pre-addressed envelopes along with. certificates and Return Receipts properly fi1led out to each
owner. These forms can be obtained from the u.s. Post office.
3. Site P1an, floor plan and other documents as required by the
Zoning Administrator. (This is to be submitted at the time of
publieati.on )
4. A description of the precise nature of the Variance.(This should include an explanation of the specific
hardship. )
f,;o^t -- / ,4- tLOaAO - t *W'rai-La><Jevtl4
t6
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Lry:/ubc/
Jrr,t-a,M ftasT
, Sa ^Jtfeort{t,
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Cr*.k Cl*g
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A,.CztrlZ, LL@c<, t
S ,, o -, Iio'.
Y*k
- . ? .Y94- P'u'i ool'in d v IV nn F Zone Distriet/ ' ---<' .
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O V?-L!
Cz--aZr, -/Qx/'c-,
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PUBLIC NOTICE
NOTICE IS HEBEBY GMN THAT Marvin Simon has applied
for a variance from the provlsions of Section 18.18.090 Density,
of the Municipal Code for the Town of Vail in order to add
additional gross residential floor area in two units located in
Lions Mane Phase If, Lot 5, Block A, Lionsridge Filing 1.
A Public Hearing will be held in accordance with
Section 18.66.060 of the Municipal Code on July 1I, 1978 at
3:0O P.M. before the Town of Vail Planning and Environmental
Commission, Said hearing wil1 be held in the Vail Municipal
Bul1ding,
TOTfN OF VAIL
DEPARTMENT OF COMMI]NITY DEVELOPMENT
| ' --- ,- / '.--Tf-\ t'Y.--' r-,;1. tq /1 l( ;\ ' _^J l.vDiana s. ToughiTl / | .r i"tF-.-.'
Zoning Administrator
Published in the Vail Trail June 23, L978
a
APPL ICAT I ON f-OR VAR I ANCI
And/Or
coND I l loll^L usf, r,,ERt.l I T
Ordinance tto.8 (Series ot 197.3)
Date June 9, I)7! Publication Da teAppIica1lon
lloarl ng Daf c llearing Fee
Fl n31 Dccl s ion date for Town Counc i I
I lolgi ' (APPlic;rnt)
Colorado , V?I1, Paone 476-4111(Statc) (CItY)
dc hc reby request permiss ion fo appear before fhe Vail Planning
Cornmlssion to request the f ollot'ring:
Va r iance f rom Art ic le-, Secfion(x
(
(
(
Zon ing Change { rom
Park i ng Va r i ance
CondiJ'iona.l Use Permit to allol{-
I n Zone.
to
Lotl t ra c f_-, B.l ockFor +he fol lovring described properfy:
Fl ling l.lumber
Clearly statc purpose and intent of this application To conulete
and f1n1sr t,re seconC level of r-ur.1is #21 &{25 ln a.ccordance
wlth tne bu1 ldlnq code for tne Tourn of Vall. Tnls bulldln$,
as non-conformtnq slnce tne denslty exceeded t,re qross
Fesldentla L f Loor area thqt |1en woul-d be ueraltted. -
llhat do you feel is the. basis for hardstrip in this case? Taese .
unlts had urevlously been used by as inanv s.s els!"lt persons:
tne reouested conuletlon wl Ll provlde eacn of tnlpe lrersnns
wlttr trelr own bedrooro and two batns fo.r eac;r apartraent. _
Al1 of tre ottrer uuper 'Level unlts have bqen prevlously
coI(Dleted exceDt tnese two unlts. IrIo add1tl-onal floor
,-.
":" <. e)> - (
S I gnature ol App licant
space w111 be added
J -r
IN TiIE DISTNICT COURT
IN AND FOR TIIE COUNTY OF EAGLE
AND STATE OF COLORADO
' No. 3597
THE TOWN OF VATL, A
Colorado municipal corporation
P lainti ff
vs.
MARVIN B. STMPN
Defendant
Defendant, through his attorney, makes the fotrowing ansvrer
to the Conplaint. herein:
1. Defendant admits the allegations of.paragraphs I and
2, and denies the allegations of the remainder of the complaint;
Wherefore, Defendant askes that the relief requested by
Complaint herein be denied, and that Defendant be awarded
costs herein.
FIRST AFFIRMATIVE DEFENSE
2. Plaintiff is gstoppejl from reguesting the relief
specified in its Complaint,'by virtue of the actions of
iLs building officials in a{viCi4g_pefengC-Dt that the
ermissable, and by
issuing building permits f-or similar work in ts
in the sane condomi n i r''m deve] opmpnt .
SECOND AFFIRMATTVE DEFENSE
3. Plaintiff has Eiy3fuirs righr ro object ro the
work done by Defendant on units 23 and 25 by virtue of its
building officials having advised Defendant that this work
was permissable, and by issuing building perrnits for
similar work in similar units in the same condominium
development.
. THTRD AFFIRMATIVE DEFENSE
The use to which units 23 and .25 are being put
.
of the work objected to by plaintiff preexisted
nexation of this area by the Town of.
VaiI, making such use immune frorn attaek at this time
fl
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*;,, .- ,
)\( ANSWER AND COUNTERCLAIM.t
)
)
)
)
the
his
' j\"
r.( |d.it.tt, 4 '
'; t" by virtue
by-vrrtue of its being a prior nonconforminq use.
t
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Wherefore, Defendant asks that the relief reguested by
the Comirlaint herein be denied, .and that Defendant be awarded
his costs herein.
COUNTERCLAIM
1. Defendant incorporates herein the matters set forth
in the Complaint herein., and the Answer set forth above.
l. Defendant is wil'lifrg to observe the requirements of
tE-bj.forruSuilSling code as they relate to the proposed
work, and to pay the ordinary fee charged therefor by the
Town of Vail.
Wherefore, Defendant asks that the Court or<le;q 'EbJ: Town
a@or the proposed wo.rk, upon his giving
eviden-ce that it will conform to the Uniform Building Code,
and tender of the ordinary fee therefor.
Done this 17th day of April, 1978.
Defendantrs address:
P.O. Box 733
VaiI, Colorado 81657
I certify that
Lawrence C. Rider,
100, Vail, Colorado
Attorney for Defendant
P . O. Box lll-0
Eag1e, Colorado 8163I
Phone:328-7LL6
Certificate of Mailing
a copy of this document was mailed to
Attorney for the Town of Vail, P.O. Box
81657, on
of Vail and its aqents and sue to Defend
Terence J. Quinn-*41
e. 17th day of April ,
ro
IN THE DISTRICT COURT IN AND FOR THE
COTJNTY OF EAGLE
STATE OF COLORADO
civil Action No. 3 577
THE TOWN OF VAIL, a
Colorado municipal
corporation,
Plainti ff,
vs.
MARVIN B. SIMON,
COMPLAINT FOR
INJUNCTIVE RELIEF
na i'
,/,1,
Defendant.
The Plaintiff herein for its cause of action aqainst
-the Defendant states and alleges as follows:
\'3
- r -tu' (I) The Plaintiff is a Colorado home-rule municipalv\/.corporation, existing und.er the Constitution of the State of
Colorado and the Charter of the Town of Vail, acting herein in
its official capacity and, therefore, is not required to give
security for costs and damages to any party who may be found to
have been wrongfully enjoined or restrained if the relief here-
ipafter sought shall be granted..\r
_4"""
(2) The Defendant is the owner of .Units 23 and 25 of
the Liuns Mane Phase If development located within the Town of
Vail, County of Eagle, State of Colorado.
(3) Units 23 and 25 owned by the Defendant are subject
to the Vail- Municipal Code including the regulations concerning
zoning and building. The Uniform Building Code as adopted by
the Town of Vail has as its purpose, lo provide minirnum standards
to safeguard life or limb, healthr property, and public welfare
by regulating and controlling the design, construction, guality
of materials, use and occupElnclr location and rnaintenance of all
buildings within the Town and certain equipment specifically
regulated therein.
(4) Title tB of the vail Municipal Code, relating to
Zoning, h.as as its purpose the adoption of land use zoning districts;
)a-.
o
COMPLAI}IT FOR I..JONCTIVE RELIEF Page 2
the regulation of use of land and minimum lot area, minimum
lot width, minimum lot frontage, minimum yards and maximum
height for buil{ings; maximum residential floor areas; for the
purpose of promoting the health, safety, morals and general
welfare of the Town, and to promote the coordinated and har-
monious development of the Town in a manner that will conserve
and enhance its natural environment and its established char-
acter.as a resort and residential community of high quality.
(5) In the summer of L977, it came to the attention
of the Plaintiff that the Defendant proposed to begin work on
Units 23 and 25 that was prohibited by the Town of Vail zoning
regulations and building regulations.' Specifically, the vio-
lations were to Section 1"8.18.090 DENSITY:
Not more than 35 sguare feet of gross resi-
dential floor area (grfa) shall be permitted
for each 100 square feet of site area.
The conversion of attic space by the Defendant to habitable
space, exceeded the gross residential floor area permitted.
(6) The Uniform Building Code as adopted by the Town
of Vait in Section 302 requires the obtaining of building- per-
mits for the construction of the work proposed by the Defendant.
Contrary to Section 302, the Defendant completed the work in
Units 23 and 25 without obtaining the necessary building or
electrical permits
(7) The Plaintiff, acting through its Zoning Admin-
istrator and Building Inspector,.duly advised the Defendant that
the work reguired a building pernit which was not obtained and
was in violation of the Town of Vail zoning regulations, and
requested the Defendant to conform to the provisions set forth
in the Municipal Code and the Uniform Building Code-
(B) The Defendant has ignored said notice and has
failed and refused to comply with the ordinances-of the Town
of Vail.
(9) Unless the Defendant is enjoined and restrained
from utilizing the above described property in contt'avention
of the Trown of Vail Municipal Code, J-rreparable injury, loss
,"dL'
o
IN.JU NCTIVE RELIEF
'' 1.' . .'. :
Page tCOMPLAINT FOR
and damage will result to the plaintiff and adjacent pronerty
owners in that the Defendant will be permitted to ",rU.rert'tit"
duly adopted ordinhnces of the Town of Vail, which are designed
and promulgated for the express purpose of promoting the health,
safety, morals, convenience, order, prosperity and welfare of
the present and future inhabitants of the Town of VaiI, and it
may result that it would be impossible to restore the units
wrongfully used to their original condition of compliance with
the ordinances of the Town of VaiI.
(fO) The Town Council of the fo,o.^ of Vail authorized
the institution of this action to seek an injunction to prevent,
enjoin, abate or remove the construction, pursuant to the pro-
visions of the ordinances of the Town of Vail.
WHEREFORE, the Plaintiff respectfuJ-ly prays as follows:'
(1) That a preliminary injunction be issued out of
and under the seal of this.Court to prevent the above named
Defend.ant, his agents, employees or any other party acting.
under said Defendant, enjoining and restraining them and each
of them from using any part of the propertl' described in viola-
ti-on of the ordinances of the Town of VaiI.
(2') That a permanent injunction be issued against the
Defendant, his agents, employees or any other party act:ng through,
under or in concert with him, permanently enjoining and restraining
them and each of them from using any part of the property des-
cribed in violation of the ordinances of the Town of Vail.
(3) For any other and further relief which the Court
deems equitable.
Attorney for PlaintiffP. O. Box 100
Vail, Colorado 81557
47 6-56L3
Plainttffrs addt'ess:P. O. Box 100Vail, Colorado 81557
.a
oCOMPLAINT FOR IIi\IUNCTM LIEFi_:l*RE P?.gf _f
State of Colorado
County of Eagle
ss3
I, Diana Toughil}, the Zoning Administrator of the
Town of VaiI, being first duly sworn on oath, state as follows:
That f am and haVe been at all times ment.ioned in the
foregoing.Complaint, the Town of Vail Zoning Administrator;
that I have read the foregoing Complaint and that all statements
contained therein are true and correct to the best of my know-
Iedge.
Administrato
Subscribed and s\^rorn to before me this JCtltd.ay of
March, 1978.
My cornnission expires:
b{
io
IN THE DISTRICT COURT IN AND FOR THE
COt]NTY OF EAGLE
. STATE OF COTORADO
Civil Action No. 3597
THE TOWN OF VAIL' A
Colorado municiPal
corporation t
Plaintiff,REPLY TO COUNTERCLAIII
vs.
MARVIN B. SIMON,
Defendant.
The Plaintiff rnakes the following reply to the Defen-
dantts Counterclaim:
(1) The Pl'aintiff incorporates herein aII matters
set forth in the CornPlaint
(2) The Plainti'ff denies all allegations contained
i.n paragraplrs 1 and 2 of the Counterclaim'
(3) The Plaintiff denies that it is estopped' has
waived its right to object, or that the use of the Defendant's
units is a legal nonconforming use'
MOTION TO DISMISS
(4) The Counterclaim should be dismissed folfailure
to state a claim upon which relief can be grantecl'
RespectfulIY submitted,
Attorney for Ptainti
P. O. Box 100
Vail, Colorado 81557
(303) 476-5613
!'
'
ffiEnce C. Rider,
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I 8Z.Frv. i.r I tcl tvr ..r7 SUMMONS lN CIVIL ACTIoN-!Hr c. 7 xotcirL co.. ort{v(i. liolo.
STATE
DIV.....................,.........:......
County
clvrL acrrou no..........3.-5-.?z
corporation,
Plrtnt'rrr-.....
YA.
..... 111F-vlL...P- :....9--r.Y9L.r
SUMMONS
or coLoRADo, I
.EAcLn..................,............ I
*'
THE PEOPLE OI'THE STATE OF COLORADO,
TO THE DETENDANT..,.....ABOVE NAMED_GREETING:
}'ou arc hereby summoned and required to file l'ith the Clerk an ansrver to thc co_mplaint within 20
da1's afl,er scrvice of this "rr--ons upon 1'ou. If you fail so to do, judgment b1' default rvill be taken against
.vou for the relief dernended in the complaint.' If service upon you is nrade outside the State of Colorado, or by publication, or if a copy of the corn-
plaint be not served upon you rvith this sumnlons, you are reguired to 6le your ansrver to the complaint
within 30 days after service of this summons upon you.
This is au aetionr
For rnjunctive Relief as more fully set forth on the complaint
attached hereto.
Dated .....-L9F59.+.ry...1.9......................, le 78
lVaming: If this summons does not contain
the docket number of the civil action. then
the complaint may not now be on file u'ith
the cierk of tle court. The complaint must
be filed $'ithin ten days after the summons is
served. or the COURT WILL BE WITHOUT
JURISDICTION TO PROCEED FURTHER
AND THE ACTION WILL BE DEEMED
DISI\ITSSED WITHOUT PREJUDICE AND
WITHOUT FURTHER NOTICE. Information
from the court concerning this civil action
may not be available until ten days after the
summons is served.
Armnxev ron Plerxrrrr.
r00
rado 81557
Clenr or sr,ro Counr,
By
P. O. Box
..Y*.LL.9-eLe
Drpur Cr,enx.Aopness ot ArroRNEr.
Noru.-This summons is issucd pursunnt to Rule 4, Crclorado Rules Civil
Procedure.
(Seru or Counr)
'If tba ruurmonr ie publinhtd or mrved q'itlrout r copy of thc comphint, rtter thc word "rctioo" rtrt thc rtliel demandcd. ' '
lf body crccutiou ir rouglrt thr rummonr murt ttrtc "foundod upon torl"
| 82.FEv, r rF rcTlvE a,t7 NS lN CIVIL ACTTON-rxr c. r NorcxE! co.
DIV
CIVIL AOTION No
orHvti. coto.
STATE Or COLORADO, I
county o1........ EAGI{E................................1t''
THE TOI4IN OF VAIL, A
Colorado municipal
corporation,
SUMMONS
lf,'arning: If this summons does not containthe docket number of the civil action, thenthe complaint may not now be on file withthe clerk of the court. The complaint mustbe filed within ten davs after the iummons iss€rved. or the COURT WILL BE WITHOUTJURISDICTION TO PROCEED FURTHERAND THE ACTION WILL BE DEEMEDDISMISSED WITHOUT PREJUDICE ANDWITIIOUT FURTHER NOTICE. Informationtnom the court concerning this civil actionmay not b€ available until ten days after tlresummons is served.
TO THE DEFENDANT...- ..ABOVE NAMED-GREETING;-r-ou arc herebv sunrmoned and required to file \l'ith the Clerk an answer to thc complaint within 20da1's after scrvice of this sum.mons upor, 1'bu. If you fail so to do, jurlgment bl.clefault rvill be taken againstyou for the relief dcrnanded in the cbmpiaint. " --
If service uDon vou is nrade outside the State of Colorado, or by publication, or if a copy of the co'r-plaint be not served uoon you ttith this sum"io"., vou are required to file your answer to the complaintwithin 30.days after servid of this summo;;;;;'1r"".This is an action *
Derncnelrr-...-.
TIIE PEOPTE OF THE STATE OF COLORADO,
For rnjunctive Relief as more fully set forth on the complaintattached hereto.
Datcd .......T.9PI99y.. l_q.. ._.._......_._._, le 78
Clenx or selo Counr.P. O. Box 100
Dpporr Cr,rnr.
..yii.L r.... g.g_l.o.r.a d.o_...8 1 5 5 7A;;;;;il;;;;:"'
Nore.-This aummons is i*sucd pursuant to Rute {, Colorado Rules Civilrrocedute.(Seer or Counr)
'If tlc rummonr ig oublisbed or rervcd Bithout r copy of thc eompleint, rftcr l^hc word .tctiou,, rtru thc rclicf dcmrndtd.lf body crecution ir aougbt the eummonr rnult rt t .,founded upon t rt.,,
By
rN THE DTSTRICT COURT IN AND FOR THE
COI'NTY OF EAGIJ
STATE OF COLORADO
CiviL Action No.
THE TOWI.I OF VAIL.a Colorado municipal
corporation,
Plaintiff,
vs.
MARVTN B. SIMON,
NOTICE OF SETTING
Defendant.
TO: The Defendant, lrlarvin B. Simon:
KINDLY TAKE NOTICE, that the undersigned will appear
on March 22t L978, at or about 2:00 p.n. in the Office of the
Clerk of the District Court, Eagle County Courthouse, State
of Colorado, for the purpose of setting the Pl-aintiffrs reguest
for a preliminary injunction for hearing, at which time you
may apgear and be heard.
Respectfully submitted.
Lawrence C. Rider, +77]-Attorney for PlaintiffP. O. Box 100
Vail, Colorado 81557
476-56]-3
IN THE DISTRICT COURT IN AND FOR
COT,]NTY OF EAGLE
STATE OF COLOR,ADO
Civil Action No.
THE TOWN OF VAIL, A
Colorado municiPal
corporation,
Plainti ff ,
vs.
MARVIN B. SIMON,
COMPLAINT FOR
INJUNCTIVE RELIEF
Defendant.
The Plaintiff herein for its cause of action against
the Defendant states and alleges as follows:
(1) The Ptaintiff is a Colorado home-rule municipal
corporation, exi-sting under the Constitution of- the State of
Colorado and the Charter of the Town of Vail ' acting herein in
its offici-al capacity and, therefore, is not required to give
security for costs and damages to any party who may be found to
have been wrongfully enjoined or restrained if the relief here-
inafter sought shall be granted'
(2) The Defendant is the owner of Units 23 and 25 of
the Lions Mane Phase II development located within the Town of
Vail, County of Eagle, State of Colorado'
(3) Units 23 and 25 owned by the Defendant are subject
to the vail Municipal code including the regulations concerning
zoning and building. The Uniform Building Code as adopted by
theTownofVailhasasitspurpose,toprovideminimumstandards
to safeguard life or limb, health, propertY, and public welfare
byregulatingandcontrollingthedesign'construction'quality
of materials ' use and occup€loct r location and maintenance of all
buildings within the Town and certain equipment specifically
regulated therej.n.
(4) Tit1e 18 of the VaiI Municipal Code' relating to
Zoning,hasasitsPurposetheadoptionoflandusezoningdistricts;
Page 2
COMPLAI}IT FOR INJUNCTIVE RELIEF
the regulation of use of Iand and minimum lot area' minimum
tot width, minimurn lot frontage, minimum yards and maxirnum
height for buildings; maximum residentiaL fl-oor areas; for the
purpose of promoting the health' safety' morals and general
welfare of the Tovtn' and to Promote the coordinated and har-
monious development of the Town in a manner that will conserve
and enhance its natural environment and its established char-
acter as a resort and residential community of high ouality'
(5) In the summer of L97'l' it came to the attention
of the Plaintiff that the Defendant proposed to begin work on
units 23 and 25 that was prohibited by the Town of vail zoning
regulations and building requlations' Specifically' the vio-
lations were to
Not more than 35 tsY"t-:-{"::.?{ g:"::;;?t;Not more than J5 sSY-'=:-i::;.ii 6e permitted
dential floor area (gtll) shall be permr
ror each ifi-";;;;e ieet of site area'
The conversion of attic space by the Defenilant to habitable
space, exceeded the gross residential floor area permitted'
(6) The uniform Building code as adopted by the Town
of vail in Section 302 requires the obtaining of building per-
mits for the construction of the work proposed by the Defendant'
Contrary to section 302 ' the Defendant completed the work in
units 23 and 25 without obtaining the necessary building or
electrical Permrrs '
(?) The Pl-ain L';ff ' actinq through its zoning Admin-
istrator and Building Inspector' duly advised the Defendant tbat
the work required a buitding permit which was not obtained and
was in violation of the Town of Vail zoning regulations ' and
requested the Defendant to conform to the provisions set forth
in the Municipal Code and the Uniforrn Bullding Code'
(8) The Defendant has ignored said notice and has
failed and refused to comply with the ordinances of the Town
of Vail'
(9) Unless the Defendant is enjoined and restraineil
fronutilizingtheabovedescribedpropertyincontravention
of the To\^tn of Vail Municipal code' irreparable injury' loss
COMPLAINT FOR INJUNCTT RELIEF Page 3
and damage will result to the Plaintiff and adjacent property
owners in that the Defendant will be permitted to subvert the
duly adopted ordinances of the Town of Vai1, which are designed
and promulgated for the express purpose of promoting the health,
safety, norals, convenience, order, prosperity and welfare of
the present and future inhabitants of the Town of Vail, and it
may result that it would be irnpossible to restore the units
wrongfully used to their original condition of compliance with
the ordinances of the Town of Vail.
(10) The Town Council of the Town of Vail authorized
the institution of this action to seek an injunction to prevent,
enjoin, abate or remove the construction, pursuant to the pro-
visions of the ordinances of the Town of Vail.
WHEREFORE, the Plaintiff respectfully prays as follows:
(1) That a preliminary injunction be issued out of
and under the seal of this Court to prevent the above named
Defendant, his agents, employees or any other party acting
under said Defend.ant, enjoining and restraining them and each
of them from using any part of the propertlz described in viola-
tion of the ordinances of the Town of Vail.
(2) That a permanent injunction be issued against the
Defendant, his agents, employees or any other party acting through,
under or in concert with him, permanently enjoining and restraining
them and each of them from using any part of the property des-
cribed in violation of the ordinances of the Town of Vail.
(3) For any other and further relief which the Court
deems equitable.
Attorney for Plaintiff
P. O. Box I00
Vail, Colorado 8155?
47 6-s613
Pl-aintiff's address:P. O. Box l-00Vail, Colorado 8l-657
COMPLAINT FOR INJUNCT RELIEFo
IVE Page 4
State of Colorado
County of Eagle
ss3
I, Diana Toughill , the Zoning Adrninistrator of the
Town of Vail, being first duly sworn on oath' state as follows:
That I arn and have been at all times mentioned in the
foregoing Complaint, the Town of Vail Zoning Adninistratort
that I have read the foregoing Complaint and that a1l statements
contained therein are true and correct to the best of my know-
Iedge.
Subscribed
llarch, 1978.
and sworn to before ne this day of
My corunission exPires:
Administrato
--- !-l- .--;-;:I!
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(9 .lA^\f ( 1r-- .-Jl c\-+ I-, t** trf s.a '
lll-z . I5.,r-rr, $.
nl I ILvV; blts -
,*.tZ orrr r}J5 c-A {-e..T
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o o
TO Terry Minger,
MEMO
--t,'t-1---g::}der, rown counclr
FROM
DATE
RE:
Dlana Toughill
December 28, L9TT
Zoning Violation Units 23 and 25Lions Mane Phase II
In July 1976, Bill Pierce discovered constructionunderway on four units.in Lions Mane II for whieh no permltor zoning approval had been granted. A ',stopwork" orderwas placed on the job and when Marvin Simon, the owner ofthe_units, did not reply, a gummons & Complaj.nr was issuedto Simon for failure to get a building permit.
The ease was heard in Municipal Court and disrnissedon the basls that the contractor rather thau the ownershouLd have been responsible for obtaining tbe buirding permit.
Subsequently, Simon applied for bui.lding permits forall four units. Permits were granted on units ZZ ana 24 asconstruction was improvement cf existing habitable area. permits
were denied for units 23 and 25 as proposed construction ad.dedGRIA to an already non-conforming uiriraing. on l,Iovember 30,Bill and r reinspected units 23 and 25 and then sent theattached letter glving s!r. simon 10 days to bring units 23 and25 into compliance wiih zoning ordinante and Building code.To date, simon has done nothiig to comply with the December sthletter (copy attached)
As we don't seem to be able to accomplish much inMunicipal court as far as zoni-ng matters are concerned, weseek the council's approval to ittempt to resorve the matterin District Court.
I{j
!
!
-Gn'r]
t'liI'iillI'i!
l.:;Jli
:l
.tl
box l(X}
rail. colorado 81657
(3031 476.5613
department of community devclopment
December 5, 1977
Mr. Mervin SimonP.O. Box 3628Vail, Colorado 81657
Re: . Units 23 and 25 Lions l4ane phase II
Dear !1r. Simon:
on November 30, Bill pierce and r reinspected units 23 and 25of the subject building. work was commenced, without benefit ofzoning ap;:roval or a building permit.
The building is presently non-conforming with the Municipalcode of the Town of Vait, seclion 18.19.090: Density, which "t.t."rNot more than thirty-five square feet of gross residential floorarea (GRFA) shall be permitted for each on6 hundred square feet'of site area". By conversion of attic space to habitibre space,the building has been made more non-conf6rmin9, in vioration ofSection 18.64.050 of the Municipal Cod.e.
' You are hereby notified that the subject units must be returnedto the condition they rvere in prior to th6 illegal construct,ion.work must be completed within 10 days fronr the date of this ]etter.The following shal1 be required:
l. The plumbing in the non-conforming attic areas. must be removed.
2, The electrical work in the non-confonning atticareas which has been installed rvithout an EIec-trical Permit must be removed.
'Mr. Simon
)o
' 3l The originally installed gartition between
the finished storagt-ii""- above the kitchen
. and fi;-;;;:t""i"ttiing attic space must be
. t"i"5[iried to r"cretie the necessary fire
.resistive constrdction for the roof struc-
'. 't""ll-tv"t"*' This separation must be
"a.ii";'"-;;^;t";ie;aio"ehourseparation"' .as outlined in tne Uniforrn suilding Code ' ^'
.L973 Edition'
4. The hatch cover between the main living area
. "rri lnJ-""":"onrorming attic -sPace must be
'r reinstalled to re"rea€e the fiie separation
described above
:tter, p1eas6 giveIf you have any guestions concerning this le
us a call .
---.**-*- Pag?,2, . .-****---peie-Bbe-{ff
SincerelY,
DEPARTIIENT OF COMI"IUNITY
DE\TEIPPlTENT
Dlana Touqhill
Zoning Administrator
Bill Pierce
Building InsPector
vr/BP/gk
lnwn u llal
box 100
vail. colorado 81557
(303) 476-5613
To lIhom It'May Concern:
f, Marvin Simon, do hereby agree to satisfactorily complete
Unit 23 and Unit 25 of the property cornmonly known as
"Lionsmane Conddminium Phase II" located on Lot A-5, Lionsridge
Subdivision Filing No, 1, in the Town of VaiI, Eagle County,
Colorado. Unit 23 and Unit 25 will be complbted in one of the
following circumstances :
A. Legal permission will be granted by
appropriate legislative and,/or administrative
bodies to use the "attic" or ''lofttr space in
question for habitable space. In this instance
construction and completion w111 be in
' accordance wi-th provi'sions of the Uniform iluil-ding
Code, 1973 Editj.on as adopted by the Town of Vai].
B. If no permission is 1egal1y and duly given
to use the t'attic" or rtloftt' space in question
for habitable space that the space in question
be sealed off in a manner acceptable to the Building
Official of the Town of Vail, Colorado. Any access
to the space in this event (for using the space
. as storage) will be granted only upon permission
by appropriate legislative and administrative bodies.
As owner of Unit 23 and Unit 25 as discussed above, I do hereby,
agree to appropriatety complete the space as outlined in Item A
or Item B above, and hereby agree not to rent, lease, sell,
or occupy these units until satisfactory nletion of Item A
or ltem B. above.
off ice ol the town manager
August 9, 1977
SSE
J__*__t'l:,Lk-
Marvin Simon
0a*,1'n;/ (j^ ^la' ?n^+ /4) /97.7 (
Liy Cur:t;si::r e.ipi:'cs hbruary 21, 1978
Notary
{ f' (Jnu
I
'I -'
I
lnttn
box 100
rail. colorado 81657'
€o3l 476-5613
Hountain ProPerties Ltd'
P.O. Box 489Vail, Colorado
ATTN: Mike Dawson
Dear Mr. Dawson:
On the morning of JutY
IJntt 22 and 22L of the
1.
off ice of aha,o*n manager
JuIy 12 ' L976
7, Lg76 I conducted an inspection of
l,ions ltane II Condominiums'
Atthattimelnoticedthefollowingconditionsthatarein
"i"i.lii"" of the Uniform Building code'
The stairway to the loft is incomplete and is
in-viofation of Section 3305 (c)
2. If the apparently newly add'ed room in the loft is
used for sleeping purposes ' -it must have an
emergency exil window and adequate ventilation'
Viorltioit of Section 1304,1305'
3. Certain areas of wa1ls and ceillngs lack installation
a breakdotn in iil!-ii"t iesisti-ve integritv of the
!tt".t"". in-"i"iution of Section 1302(b)'
4. If the apparently newly added spaee is.usecl I'or
sleeping p""p"".!,- firl detection systems must
be instalr.a'ii-a'lcoro witn Section 1302(b)'
5. Numerous electrical connections are incomplete
and theret""u-"t"-in violation of the National
Electrical Code.
Furthermore, it aPPears that work
by non licensed Persons rvithout a
permit.
6.was Performedvalid building
'--- '' .'-' fiounEa1n
- JulY 12,
Page Two
!.rOPOru-leu - ---
L976
At thls tlme, due to some question of Jurisdlctlon' the Town
of Vatl w111 not lnltiate any. further actlon.
The Town of Vail does direct you to correct these violatlons
prlor to re-occupancy of this spabe.
Slnce.rely ,
DEPARTIIENT OF
COMIIUNITY DEVELOPMENT
Wllliam F. Pierce
Building Official
rFP/Jk
',/, a .t a / r,t,-- .t tL r-J6',)
'*- //1o ''e"..- MEMORANDUM
Mr. Marvin Simon acquired 10 units l-ocated in Lions Mane
Condominiums, Phase II located in VaiI' CoLorado'on the l4th
dayofJune,LglT.Amongthoseunitswerefour,.'namelynumbers
22, 23,24 and 25. Each of these units consists of a main
level with approximately 950 square feet of usable floor spdc€r
a separate lockoff unit with full kitchen and bath facilities in
a studio aPartment configuration and a second floor area of
approximately 350 square feet' The rnain unit was designed and
fixturedforuseaslbedroom,Ibathroom'livingroom'kitchen
and utility room and dining area' At the time of construction
by the developer, the second level of each of these four units
was pa::pially finished in the following nanner:
,*22ThisunithadbeenremodeledpriortoSimon'sacquisition
due to a fire on Novembet 27, 1976 in the unit' but at the time
of pur.chase by Simon had straight stair!'tayt carpeting' drln'vall'
closets with doors, deck rails, no bath but plumbing in wall and
the second lever space was wired. rt had been being used as living
space and a permit was first granted 'to repair the fire damage and
subsequently to Simon to upgrade the existing second level space
andinstallabathtoaccomodatetheimprovedlivingsPace.
+24 This unit had never been remodel-ed or imProved since
construction, which was prior to annexation' but had drywall' carpeting'
wiring, deck rails, bathroom' closets and rr"as all finished on
the second level at the time of simon's acquisition' A permit was
grantedtoSimontooPenuP'severalwallareastoimprovethg
11g;d$.;;-una "..u";-i; the "ircular staircase which had-been
inaclosetandtomakeotherinteriorrepairsandimprovements.
This unit had at the tj-me of simon's aiquisition a skylight
inoneuPperleve].bedroom.IthadbeenusedasbedroomsPace
since its construction
. *23 This unit at the time of acguisition by simon had its
second level sp"ce carpetedr fully drywalled' but no room divider
wall as in *22 and 24, a steeP straight stairway' deck rails' wiring'
a fire exit popout skyLightl no bath. but plumbing extensions
in the wall. This unit's second level as was the case with #22 and
24 had from the time of its construction been used as living sPace
and a permit was reguested to merely improve the existing nonconforming
use to make the space more desirable. It was a reguest to upgrade
a stairway that was .dangerous and in no way would have increased
density, but by improvement of the physical faculty into fully
finished first class space so the unit could be rented to a family
unit, rather than a group of singles'
*?5Withrespecttounit25,simonv'asreguestingaPermit
to make interior modifications to the second level such as would
bring unit 25 into a similar condition as units 21, 22, 24, 26 and
2Ta:.lLofwhichhavefullyfinishedsecondlevelspace.Hewas
reguestingtherighttoPuti-nalegalstairwellforingressand
egress, a conforming deck railing, doors, closets, a bath, adeguate
inspected wiring, carpet and to finish the space to a habitable
'infactcondition.Itwouldhavecontainednothingadditionalover
what was in several units prior to annexation or what was permitted
y'frt{l
r"lii
by permit in units
rd as sleeping area fof t 34d due to thg unf-rnf s,hg*q- -!g!-9r,e--olused as sleeping area J
the unit, has rented to groups of singles who increase density,
parking and all other problems which exist in Lions Ridge.
Prior to acguisition of the ten units, simon discussed the
matter with the Town Building Inspector and was advised that certain
repairs could be made, certain modifications would need a building
permit and certain modifications r"rere not permitted by the Town
under its building code and zoning ordinances. This Later group
of modifications included putting lofts in several of the studio
units. There is some dispute as to actual reguests and affirmative
responses with respect to modifications and improvements to the
four main unit second floor areas in guestion. In any event, building
permits were issued for construction in units 22 and 24 which has
been completed. The work consisted of stairwell improvement, bath-
room installation, general repairs, wiring and the like. This vrork
made histor"ically used bedroom space more habitabl-e and upgraded
it to.the condition of units 21, 26 and 27 Ln the building' with
the completion of that permitted work only 23 and 25 now are in
an unfinished condition and reguested repaj.r to 23 is no different
than that already permitted. Denial of that permit is discrimination
without distinction. Unit 25, although it needs more work to bring
it to a truly guality habitable level is not requesting anything not
permitted in 22 and 24 and the permit would only all_ow 25 to
enjoy the privileges, albeit some i1le9a11y converted, that all
other second level units in the building currently enjoy. A
request for a review of the denial of permits on units 23 and
25 is reguested for the fotlowing reasons:
o
22
oand 24. The space has historically been
o
ove
o1. Modificati6ns requested merely impr Lhe uses to which
____!!9_*=99__!r'_I!_qfericettr_been puC._ p.ib,.";;;;;;li";; ;i;;;;-_ --.___
not to code or according to filed plans, had been for bedroom
use in the'second levers. The areas have been accessed by make-
shift; non-code stairways and have been carpeted and had deck rai.rs
in the case of 23 and were plumbed for bathrooms-
2. To deny the ohtner the permit to upgrade the space historically
used as sleeping spaceron these two unitsrwhen alr other second
level units in the building have been either converted before annex-
ation rby the develoPers or owners would result in a strict or literal
enforcement of the reguJ-ations depriving simon of privireges a1r.
owners of si_milar units in the same building.
3. Simon by acquiring the ten units has taken effect.ive
contror of the condominium Association and has caused the building
to be compretely redecorated to better compriment the 'eilhborhoodin a high visibility area. The buirding has resurfaced its parking
area, improved the visual appearance and is in the process of being
sold to viable ovrners who will either live in the moderate priced
units or rent to individuars or family units who are "*nro""u ,r,
the vail cornmunity. simons influence has had a positive impact on
the neighborhood and community by taking control of a real eyesore
and improving its appearance and taking a riterar srum and upgrading
it to an owner use project at least as good as any in the neighborirood.
Further landscaping will bring trees, bushes and more vegetati_on to
the site. several solutions are under consideration to reduce the
visual impact of the dumpster
Page 5
. . 4. The'Condominium Association is in title to'lot A-4
to the East of the building and is in a position to donate
that ground to the Town for open space.
5. The general upgrading has increased the general tax
base.of the conununity and hopefully, especj.ally if 23 and 25
can be upgraded to the state of alt other Lions Mane II second
level units, eliminated the townrs last flop house.
You are respectfully requested to reconsider the denial of
building permits to Marvin Simon for units 23 and 25 Lions Mane
Phase II.
ff the permits are not granted, the units will be sold, with
only the second level being drywalled off as storage lofts- The
'future owners without a doubt will make the loft conversion without
permit and not up to code. This is the inevitable result of denial'
and granting the permit will allow only logical, code conforming
construction and retain the upgraded character of this building.
T'1
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oF C/)Lolin Oo - F\r,irnr llt/mtrdr O-L--
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ALARl,,l: For Fire l/. For Non-Fire O
lf non-fire exDlain: Sinokc ScaIo E Fa!sc O Firsl n id O Accidenl O Other -:
D:le ol Alarrr.
Alarm Transmittci br. Central Faceiving Staiion O Tetephone d Police Radio O Oiher O
n!, ,n
o?2,
llnj-t 22
Refurn to Ouarters:
Ty?col Fite: t)uild
Name ot O\Yn9r:
ing tl Auio 0 Crass O Brush Cl
Illri1s15 l; rr;.3; iie',r Yor"l:
Dunrpstcr 0 ' Other:
:trj-st,rrc!c l'lr.l1-'1- il5; l,al;a1 - A.qent
Ty29 ()f Occufrancy:
Construction of
Other:
--
Er.tildinc: Fife Resistive i.l Brick or Concrele Block D Wood Frar,re d
No. ofstores 3
Fire Out on Arrival? Yes 0 No6-tf No, now extinguished Ap:,rox. 20;re1s Booster
Floor ol origin: conf rned to: Floor - Yeslij No fl Building - Yeslti No o
Exte nded to: Adjoining Building - Yes tr ruc-Oi Beyond Adjoining Suildings - Yes O No Gi
I'.r.1 I'r'Lp Ch-"on Fn:11i nr Cat'r:?.:i.eCause ol loniiion:
Material Fir st lgnited:Ec.rlci i r-. t ljai;er:i.aI iind }iat'r,:'css
. Persons lnju red: Firemen
Esl;rnaled Loss: guildin0
1 civitians 1 Persons Kilted: Fi;'emen 0 civilians 0
Response: TolalNumber ot Men ?'? -nl,';;l
Time of Al6rm
Men Responding
0h31
ZL
1si Unit 10-23
Apparalus
Ch31
:i-2 , 'l'-1, :l -.L .
Lasl Unit 10-24 n?o<
' Outside Fire Deparlments Assisting
i!*nn rl"r.,i rrr I
Story of Fir. and Eq ripnrent Used ( use reversc sidc if rrcedcd) ' ' ,-11-I:-1-1I t!re:ic r.::ls ni.n'riial. t'-"1.9 5l'o:ri nl
floii tir.: lci,rl- h'.tilL-i:.ll,lo trltrn.. ea'.;cri.Il[1 unit 22 it r.ia.s ia'.lltC t hi.-, itl 'r;ile ucper loib
arcit tle' i:i..i a iroi sinclii)l' .firc pi'oi3:c:ss. r,.;i.it', Frr' ''.r3s $1:'crrt'r;' being: a,r'p1i.t'r; tL'r<lu:'l:l e
.-;r.r.rlL }:cse it'o:;t blrc kitcircrr sini': b;r ir. Cllirrl(.
ilitir adci.Lt j_cn:il_ .,1i.;er. aitrl i.3;L! s trro .jlir.cnl,rrt Llltll g11!€rt'tr(t Uire lof'b 3ro:1 itnd a
fil.c r..::rs r:r.c i; bl,' l.r:).-i oi.tt, Ll.l b l,itc .l-oi'b a:'c"r ir:Lr;\,'.-rJ* llcb lrttd smoltc;'ro
Vunhil'rhion r.nC .;:tl-"'lt,:c' co\r.r:l wlrt:.rc irnplictl to
irrtir.:r rI:t.ter arrC I;i:'.ol:{ ) dlrlJli:e.
-cr\t{)l!-
l''." f ,,i.t l"ni "f t-nis uni:U uo ef i:':-ir':''i;":
vfJ r(!r.td
-:--.-rtcnti];d;.i:on*f.-1;lrr>.-loft*trrea-vrs-gxbrenely'hafpere.l.due to-no-'opanf.ng*-++inrlrxr:a-*.*--*-- '-\'i '-
-.*-rtozrs;-rr:',th
!.1czib.1c 4rrc.L ytrs uscrl to corqrl!.r:te vcntj.lat:Lorr of thc l.oft' area.
Tnvccti.;llt,i.on I'or r:;rrrsc bel:en j.n:rr;,1iatlcy ;rfi;errerri:ilnliion uac cotnFl.eted.
-{ftcr p6r:sonr1. j.ntorul e'rls an'l rttort llayou'|,s rrrerB lnede ih r'ng found thab there
l,tere four occuparrtr in th:ls unit prior and durinl3 the fire.
fitey wcrcr:
1.. r?j.chnel it. LaJrne
2.'T;inrla Joffrey
3r lrlilHail OL,:rk
h. :tork '1r.4rliolt
iij-chae1 fRyne r.as the i'irst to be arcken and then he alertetl ihe other ihree
occupanLn. i,aync ihen attenpLed to enter. the lofb area and i'tas driven back by
heat ancl snoi.:L and fell do"m ihe stairs at bhat titne. iie slrstai:lecl ninor injuries
+,o his rb. anJ:le, rt. e]bo..r and ].t.'rrisb. lle ras treabed and released fron tire
V. Y. i,1. C.
Capt. liil1er lras also treatecl and refeased.for ninor snoke inlstlon;
The south,,;cst rr-alI area tias r,rhere the nost heet and cha:-depth was found'
The probable cause at this time uilL be from the ualr candLe, left burning in the
southvest, cornor lofb area igniting the.bedding and rnattress naterial.
It r:r11 be required by the rlail !'ire Depto anC the Totrn of Vail Building Official
that a buiJding perrrfl1,tr be taken out and aLt violaticns be.corrected prior to
re-oCCUp€urCy.
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IN THE DISTRICT COURT IN AND FOR TH8
COI'NTY OF EAGLE
STATE OF COLORADO
Civil Action No. 3597
THE TOWN OF VArt, a )
Colorado municipal )
corporation,
o
Plaintiff 'REPLY TO COUNTERCI,AIM
vs.
MARVIN B. SIMON,
Defendant.
The Plaintiff makes the following reply to the Defen-
dant's Counterclaim:
(1) The Plaintirf incorPorates herein all matters
set forth in the ComPlaint.
(2)ThePlaintiffdeniesallal.legationscontained
in paragraphs I and 2 of the Counterclaim'
(3) The Plaintiff denies that it is estopped' has
vraiveditsrigtrttoobjectrorthattheuseoftheDefendantts
units is a legal nonconforming use'
MOTION TO DISMfS
(4) The Counterclaim should be dismissed for'failure
to state a claim uPon which relief can be granted'
Re'spectfu llY subrnitted'
Wffii
Attorney for Plaintiff
P. O. Box 100
Vail. Colorado 81657
( 303) 475-5513
IN TIIE DISTRICT COURT
IN AND TOR TIIE COUN'IY OT EAGLE
AND STATI] OF COLORADO
No.3597
THE TOWN OF VATL, A
Colorado municipal corporation t.,.
MARVTN B.
vs.
SIMON
vJ.atnt].rr
ANSWER AND COUNTERCLAIM
THTRD AFFIRMATIVE DEFENSE
to which units 23 and 25 are being put
work objected to by P.Iaintiff preexisted
2,
Defendant
Defendant, through his attorney,
to the Complaint herein:
makes the following answer
I. Defendant admits the allegations of paragraphs 1 and
and denies the altegations of the remainder of the comprainti
Wherefore, Defendant askes that the relief reguested by
Complaint herein be denigd, and that Defendant be awarded.
.
costs herein.
FIRST AFFIRMATIVE DEFENSE
2. Plaiirtiff is gstopped from reguesting the relief
specified in its Complaint,'' by virtue of the actions of
its building officials in a€g+:i3g-pgfgndgrt rhar rhe
proposed work on units 23'and ,t yn6==*re, and by
issuing building permits ts
SECOND AFFIRMATTVE DEFENSE
3. Plaintiff has EiJ€d_irs right to object to the
work done by Defendant on units 23 and 25 by virtue of its
building officials having advised Defendant that this work
was permissable, and by issuing building permits for
similar work in similar units in the same condominium
the
his
development.
-
^r,
r-l | '/.itr{, 4- rheuse
' ; f/" bY virtue of the
at the timtr of annexation of'this area by the Town of
use irnmune fron attack at
being a prior nonconforming
Vail, making
by virtue of
such
its
this time
use.
]-n t'ne same
o
Wherefore, Defendant asks that the relief requested by
the Complaint herein be denied, .and that Defendant be awarded
his costs herein
COUNTERCLAIIT{
1. Defendant incorporates herein the matters set forth
in the Complaint herein, and the Answer set forth above.
2. Defendant is willinq to observe the requirements of
tle-bj.lgra..-.B:&L].<1ing Code as they relate to the proposed
work, and to pay the ordinary fee charged therefor by the
Town of Vail.
Wherefore, Defendant asks that the Court order the Town
a@or the proposed work, upon his giving
evidence that it will conform to the Uniform Building Code,
and tender of the ordinary fee therefor.
Done this : 17th day of April , L978.
Defendant's address:
P.O. Box 733Vail, Colorado 81657 Attorney for Defendant
P.O. Box 1110
Eag1e, Colorado 81631
Phone: 328-7115
Certificate of Mailing
f certify that a copy of this document was mailed to
Vail, P.O. BoxLawience C: Rid.er, Attorney for the Town of
100, Vail, Colorado 81657, onTthe. l7t! day of April,
of Vail and its aqents and sue to Defend
IN THE DISTRICT COURT IN AND FOR
COITNTY OF EAGLE
STATE OF COLORADO
> <c)>Civil Action No. 5 'J ' '
fr,*
t'
,1,[
Defendant.
lhe Plaintiff herein for its cause of action against
.thp Defendant states and alleges as follows:\,8. \i)
- r _,r" (1) The Plaintiff is a Colorado home-rule municipalv\r corporation, existing under the Constitution of the State of
Colorado and the Charter of the Town of Vai1, acting herein in
its official capacity and, therefore, is not reguired to give
security for costs and damages to any party who may be found to
have been wrongfully enjoined or restrained if the relief here-
ipafter sought shall be granted.._t.v't ,.t - (21 The Defendant is the owner of Units 23 and 25 ot
r(7-r- the Lions Mane Phase II developmer,.t located within the Town of
Vai1, County of Eagle, State of Colorado.
(3) Units 23 and 25 owned by the Defendant are subject
to the Vail Municipal Cod.e including the regulations coneerning
zoning and building. The Uniform Buil-ding Code as adopted by
the Town of Vail has as its purpose, to provide mininum standards
to safeguard life or limb, health, prciperty, and public welfare
by regulating and controlling the design, construction, quality
of naterials, use and occupo.DCfr location and maintenance of all
buildings withinithe Town and certain eguipment specifically
regulated therein.
(4) Tirle 18 of
Zoning, has as its purpose
THE TOWN OF VAIL, a
Colorado municipal
corporation,
Plainti ff ,
vs.
MARVIN B. SIMON,
COMPLAINT FOR
INJUNCTIVE RELIEF
the Vail Municipal Code, relating to
the adoption of land use zoning districts;
corr{Pr,ArNT uo* r?uoocrrvE RELTEF o Page 2
the regulation of use of land and minimum lot area, minimum
lot width, minimum lot frontage, minimum yards and maximum
height for buil{ings; maximum residential floor areas; for the
purpose of promoting the health, safety, morals and general
welfare of the To$rn, and to promote the coordinated and har-
monious development of the .Town in a manner that will conserve
and enhance its natural environment and its established char-
acter as a resort and residential community of high quality.
(5) In the sunrmer of L977, it came to the attention
of the Plaintiff that the Defendant proposed to beEin work on
Units 23 and 25 that was prohibited by the Town of Vail zoning
regulations and building reg-ulations. Specifically, the vio-
lations trere to Section 18.18.090 DENSITY:
Not more than 35 sguare feet of gross resi-
dential floor area (grfa) shall be permitted
for each 100 square feet of site area.
The conversion of attic space by.the Defendant to habitable
space, exceeded the gross residential floor area Permitted.
(6) The Uniform Building Code as adopted by the Town
of Vail in'section 302 requires the obLaining of building per-
mits for the construction of the work proposed by the Defendant.
Contrary to Section 302, the Defendant completed the work in
Units 23 and 25 without obtaining the necessary building or
electrical permits.
(7) The Plaintiff ' acting through its zoning Admin-.
istrator and Building Inspector, duly advised the Defendant that
the work required a building permit which was not obtained and
was in violation of the Town of VaiI zoning regulations, and
requested the Defendant to conform to the provisions set forth
in the Municipal Code and the Uniform Building Code.
(8) The Defendant has ignored said notice and has
failed and refused to comply with the ordinances of the Town
of Vail.
(9) Unless the Defendant is enjoined and restrained
fron utilizing the above described property in contravention
of the Town of Vail t'lunicipal Code, lrreparable injury, loss
-&rL
o
INJUNCOMPLAINT I'OR CTIVE RELIEF Page 3
and damage will resuLt to the Plaintiff and adjacent property
ovrners in that the Defendant will be permitted to subvert the
duJ-y adopted ordinhnces of the Town of Vail, which are designed
and promulgated for the express purpose of promoting the health,
safety, morals, convenignce, order, prosperity and welfare of
the present and future inhabitants of the Town of Vail, and it
may result that it would.be impossible to restore the units
wrongfully used to their original condition of compliance with
the ordinances of the Town of Vail.
(I0) The Town Council of the Town of Vail authorized
the institution of this action to seek an injunction to prevent,
enjoin, abate or remove tbe construcf,ion, pursuant to the pro-
visions of the ordinances of the ?own of Vail..
WHEREFORE, the Plaintiff respectfully prays as follows:
(1) That a prelirninary injunction be issued out of
and under the seal of this Court to prevent the above named
Defendant, his agents, employees or any other party acting
under said Defendant, enjoining and restraining them and each
of them from using any part of the property described in viola-
tion of the ordinances of the Town of Vail.
(2) That a permanent injunction be issued against the
Defendant, his agents, employees or any other party acting through,
under or in concert with him, permanently enjoining and restraining
them and each of them from using any part of the property des-
cribed in violation of the ordinances of the Town of Vail-.
(3) For any other and further relief which the Court
deems eguitable.
/.,/t'/ zr^...,-" 1----4\. - C tri J-^-
'Attorney for Plainttff
P. O. Box 100
Vail, Colorado 81657
47 6-s5L3
Plaintlffrs address:P. O. Box 100Vail, Colorado 81557
COMPLAINT FOR
State of Colorado
County of Eagle
-v
ITTJUNCTIVE RELIEF Page 4
ss!
' I,'Diana Toughill , the Zoning Administrator of the
Town of Vail, being first duly sworn on oath, state as foLLowst.
That f am and have been at al-l times mentioned in the
foregoing Complaint, the Town of Vail Zoning Administratori
that I have read the foregoing Complaint and that all statements
contained therein are true and correct to the best of mv know-
ledge.
.1 ./
:_V--7'/-7v-iana Toughill
Zoning Administrato
Subscribed and sworn to before me this t6 llpday of
March, 1978.
My cornrnission expires:
t, "l .u( ' ')\\
u' ''.l).,t)')'f .
,(r
(
MEMO
Terry Minger, Larry Bider, Town Council
Diana Toughill
December 28, 1977
Zoning Violation Units 23 and 25Lions Mane Phase II
In July L976, Bill Pierce discovered construction
underway on four units in Lions Mane II for which no permit
or zoning approval had been granted. A "stopwork" order
was placed on the job and when Marvin Simon, the owner ofthe units, dld not reply, a Summons & Complaint was issuedto Simon for failure to get a building permit.
The case was heard in Munieipal Court and dismissedon the basis that the contractor rather than the ownershould have been responsible for obtaining the building permit.
Subsequently, Si-mon applied for building permits forall four units. Permits were granted on units 22 and 24 asconstruction was improvement of exi.sting habitable area. Permits
were denied for unlts 23 and 25 as proposed construction added
GRFA to an already non-conforming building. On November 30,Bill and I reinspected units 23 and 25 and then sent theattached letter giving Mr. Simon 10 days to bring units 23 and25 into compliance with Zoning Ordinance and Building Code.To date, Simon has done nothing to comply with the December 5thletter (copy attached).
As we don I t seem to be able to accomplish much inMunicipal Court as far as zoning matters are concerned, weseek the Council's approval to attempt to resolve the matterin District Court.
TO
FROM
DATE
RE:
\
I a
I{EMO
TO Terry Minger,
,_<---l
/Larry Rlder,\------Town Council
FROM
DATE.
RE:
. As we don'tMunlcipal Court asseek the Council ,s
in District Court,
Diana Toughill
December 2S, L?TT
Zoning Violation Units 23 and 25Lions Mane Phase If
, fn July lg7/, Bill pierce d,iscovered constructionunderway on four units in Lions Mane rr for which no permitor zoning approval had been granted. A ',stopwork" orderwas placed on the job and when }larvin Si.mon, the owner ofthe-unj.ts, did not rep1y, a gummons & Complaj-nr was issuedto Simon for failure to get a building permit.
The case was heard in Municipal Court and dismissedon the basis that the contractor rather thau the ownershould have been responsibre for obtaining the building permit.
Subsequently, Simon appli.ed for build.ing permits forall four units. Permits were granted on units 2Z ar.d, 24 asconstruction was improvement of existing habitable ar€.r.. permlts
were denied for .uni-ts 23 and 25 as proposed construction addedGRIA to an already non-conforming UirifOing. On November 30,Bill- and r reinspected units 23 and 25 and then sent theattached letter giving Mr. simon 10 days to bring units 23 and,25 into compliance vrith zoning ord.inance ano Building code.To date, simon has done nothing to comply with tbe December sthletter (copy attached)
seem to be able to accomplish much infar as zoning matters are concerned, weapproval to atteurpt to resolve the matter
t
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T.ffi'11
box 100
rail. colorado 81657
(3031 476-5613
depprtment of community development
Decernber 5, L977
Mr. M.rrvin Simon
P.O. Box 3628Vail, Colorado 81657
Re: Units 23 and 25 Lions l4ane phase II
Dear Mr. Simon:
on November 30, Bill pierce and r reinspected units 23 and 25of the subject building. work was commenced, without benefit ofzoning approval or a building per:.rit.
The building is presently non-conforming with the Municipalcode of the Town of vait, section 19.18.090: Density, which it.t""trNot more than thirty-five sguare feet of gross residential floorarea (GRFA) shall be permitted for each on6 hundred square feetof site area". By conversion of attic space to habit;ble space,the building has been made more non-conf6rmin9, in vioratioir oi'Section 18.64.050 of the Municipal Code.
You are hereby notified that the subject units must be returned,to the condition they rvere in prior to th6 illegar construction.work must be cornpleted within 10 days from the iate of this letter.The following shall be required:
l. The plunbing irr the non-conforming attic areas. must be removed.
2. The electrical work in the non-conforming atticareas which has been install_ed rvithout an Elec-trical permit must be removed.
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3. Ihe originally instatled gartition between
the finished storage area abovc th,e kitchen
. and the non-conforming attic space musE De'.i"i";l"ri;a ; i."re.it the neiesqarv. fire
.resistive construction for the roof struc-
.. ,tural "y"t.t.
-This separation mudt be
adeguate t" -'pt""iae
"
notte hour separationn
. 'aB outlined i"-i[.-U"iform BuiJ-ding Code' ''
1973 Edition.
1. The hatch cover between the main living 3rea
. and the nonjc";fotti"g attic sPace must be
: E€instailred t;--;;;;;['e the fiie separation
described above.
u have any questions concerning this letter' pleasi give
SincerelY,
DEPARTIIENT OT COMIIUNITY
DE\TEI,OPI.IENT
Dlana TouqhiU
Zoning Administrator
8i11 Pierce
Building InsPector
o
If Yous a calL.
vr/BPlgk
box 100
Yail, colorado 81657
(3031 476-5613
above, and hereby agree not to rent, lease, seIl'
these units until satisfactory'-Qompletion of Item A
off ice oi the town manager
August 9, t977
\txl,r-;/ ('fr--l
fuf* /Q, /s77 (
liy Criimissl;n e:ipilcs Fabruary 21, 1978
To. Whom It May Concern:
I, Marvin Simon, do hereby agree to satlsfactorily complete
Unit 23 and Unit 25 of the property eommonly known asilLionsmane Condominium Phase fI" tocated on Lot A-5, Lionsridge
Subdivision Filing No. 1, in the Town of Vail, Eagle County,
Colorado. Unlt 23 and Unit 25 will be completed in one of the
following circumstances :
A. Legal permission will be granted by
appropriate legislative and/or administratj-ve
bodies to use the t'attic" or "loft" space in
question for habitable space. In this instance
construction and completion will be in
' acsordance with provlsions of the Uniform Building
Code, 1973 Edition as adopted by the Town of Vail'
B. If no permission is Iega11y and duly given
to use the "attic" or "loft" space in question
for habitable space that the space in question
' be sealed off in a manner acceptable to the Building
Official of the Town of Vai1, Colorado. Any access
to the space in this event (for using the space
. as storage) will be granted only upon permission
by appropriate legislative and administrative bodies.
As owner of Unit 23 and. Unit 25 as discussed above, I do hereby,
agree to appropriately complete the space as outlined in Item A
or Item Bor occupyor Item B- above.
////<//. I -/4'/ )/ 4.L<->; \--/---.-2..-a
Marvin Simon
F K'ECoe2Eae /po//.e dFE
Notary
lnY H/4#-G;rFzf?atP'
r/{E;LJOTX-(f (//21:
o
oflice of the town manager
July 12, L976
l-
I
i
tuun u lJill
box 100
rail, colorado 81657
(303) 476-5613
ttrountain Properties Ltd.
P.O. Box 489
Vail , Colorado
A?TN: Mike Dawson
Dear Mr. Dawson:
Ou the morning of JuJ.y ?, ir976 I conducted an inspection of
iiii- iz and' 22A of thl lions llane rr condominiums'
Atthattimelnoticedthefollorvingconditionsthatareinvioiation of the Uniform Building Code'
1. The stairway to the loft ls incomplete and is
in-vioiation of Section 3305 (c)'
2. If the apparently newly added room
used for-ifeeping purposes' -it must
emergensy exil window and adequate
Vfofition of Section 1304,1305'
in the loft is
have an
vent ilation.
3. Certain areas of wa11s and ceilings lack installation-' ;i-""iea (5/8" typeX) drvwall' These areas cause
a breakdown in th! ti're resistive integrity of the
ttt".i""" in-"i"ittion of Section 1302(b)'
4. If the apparently newly added space isusecl I'or
sleeping purpo"e", fire detection systems musr
be instalr-ea"ii-accord with Section 1302(h)'
5. Numerous electrical connections are incomplete
and theret""J-ut"-in violation of the National
Electrical Code.
6. Furthermore, it appears
bY non licensed Persons
permit.
that work was Performed
rvithout a valid building
' m()unraan, July 12,, Page Two
rr()Ilg f ulrts -'---
t976
thls*time;-due -to-some--question of-Jurlsdiction;"-the Town--_-- "-"-"''--
of ValL wtll not lnltiate any. further actlon
The Town of Val1 does direct you to correct these vlolatlons
prlo1 to re-occupancy of this space.
Sincerely,
DEPARTMENT OF' @MMUNITY DEVELOPMENT
Wtlliam
BuLlding
F. Pi-erceOfflcial
wrP/Jk
na
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54 ,3
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II,I,EMORANDUM
Mr. Marvin Simon acquired l0 units located in Lions Mane
Condominiums, Phase II located in Vail, Colorado on the l4th
day of June, 1977. Among those units were four' namely numbers
22, 23' 24 and 25. Each of these units consists of a main
level with approximately 950 square feet of usable floor space'
a separate lockoff unit with fult kitchen and bath facilities in
a studio apartment configuration and a second floor area of
approximately 350 sguare feet. The main unit was designed and
fixtured for use as I bedroom, 1 bathroom, Iiving room' kitchen
and utility room and dining area. At the time of construction
by the developer, the second level of each of these four units
was partially finished in the following manner:
'+22 This unit had been remodeled prior to Simon's acguisition
due to a fire on November 27, ]-976 in the unit, but at the time
of purchase by Simon had straight stairway, carpeting' drywall.
closets with doors, deck rails, no bath but plumbing in wall and
the second 1evel space was wired. It had been being used as living
space and a permit was first granted to repair the fire damage and
subsequently to Simon to upgrade the existing second level space
and install a bath to accomodate the improved living sPace.
#24 This unit had never been remodeled or improved since
construction, which was prior to annexation, but had drywall' Carpeting,
wiring, deck rails, bathroom, closets and was all finished on
the second level at the time of Simon's acguisition. A permit was
rJ ^1 /ooioa tt w
.-t t)'/ /1t',
Page 2
granted to Sj-mon to open up several wall areas to improve the
headspace and access to the circular staircase which had been
in a closet and to make other interior repairs and improvements.
This unj.t had at the time of Simonrs acguisition a skylight
in one upper level bedroom. It had been used as bedroom sPace
since its construction.
. #23 This unit at the time of acquisition by Simon had its
second level space carpeted, fully drywalled, but no room divider
wall as tn *22 and 24, a steep straight stairway, deck rails, wiring,
a fire exit popout skylight, no bath, but plumbing extensions
in the wall. this unit's second level as was the case with *22 and
24 had from the time of its construction been used as living space
and a permit was requested to merely improve the existing nonconforming
use to make the space more desirable. It was a request to upgrade
a stairway that was dangerous and in no way would have increased
density, but by improvement of the physical faculty into fully
finished first class space so the unit could be rented to a fanily
unit, rather than a group of singles.
*25 With respect to unit 25, Simon was requesting a permit
to make interior modifications to the second level such as would
bring unj-t 25 into a similar condition as units 21, 22,24' 26 and
2'1 aLL of which have fully finished second level space. He was
reguesting the right to put in a legal stairwell for ingress and
egress, a conforming deck railing, doors, closets, a bath, adequate
inspected wiring. carpet and to finish the space to a habitable
infact condition. It would have contained nothing additional over
what vras in several units prior to annexation or what was permitted
Page 3
by permit j-n unj-ts 22 and 24. The space has historically been
used as sleeping area loft and due to the unfinished nature of
the unit' has rented to groups of singles who increase density,
parking and aII other problems which exist in Lions Ridge.
Prior to acquisition of the ten units, Simon discussed the
matter with the Town Building Inspector and was advised that certain
repairs could be made, certain modifications would need a building
permit and certain modifications were not permitted by the Town
under its building code and zoning ordinances. This later grouP
of modifications included putting lofts in several of the studio
units. There is some dispute as to actual reguests and affirmative
responses with respect to modifications and improvements to the
four main unit second floor areas in question. In any event, building
permits were issued for construction in units 22 and 24 which has
been completed. The work consisted of stairwell improvement, bath-
room installation, general repairs, wiring and the tike. This vrork
made historically used bedroom space more habitable and upgraded
it to the condition of units 21, 26 and 27 in the building. with
the completion of that permitted work only 23 and 25 now are in
an unfinished condition and reguested repair to 23 is no differenL
than that already permitted. Denial of that permit is discrimination
e/ithout distinction. Unj-t 25, although it needs more work to bring
it to a truly quality habitable level is not requesting anything not
permitted in 22 and 24 and the permit would only allow 25 to
enjoy the privileges, albeit some illegal]y converted, that aI1
other second leve1 units in the building currently enjoy. A
request for a revie$r of the denial of permits on units 23 and
25 is requested for the fotlowinq reasons:
Page 4
1- Modifications reguested merely improve the uses to which
the space has historically been put. pri-or construction, albeit
not to code or according to filed plans, had been for bedroom
use in the second levels. The areas have been accessed by make-
shift; non-code stairways and have been carpeted and had deck rails
in the case of 23 and were plumbed for bathrooms.
2. To deny the owner the permit to upgrade the space historically
used as sleeping spaceron these two unitsrwhen all other second
level units in the building have been either converted before annex-
ation,by the developers or owner$ would result in a strict or literal
enforcement of the regulations depriving simon of privileges all
owners of similar units in the same building.
3. Simon by acguiring the ten units has taken effective
contror of the condominium Association and has caused the building
to be completely redecorated to bett,er compliment the neighborhood
in a high visibility area. The buirding has resurfaced its parking
area, improved the visual appearance and is in the process of being
sold to viabre owners who will either live in the moderate priced
units or rent to individuals or family units who are employed in
the Vail communi-ty. simons influence has had a positive impact on
the neighborhood and community by taking contror of a real eyesore
and j-mproving its appearance and taking a literal slum and upgrading
it to an owner use project at reast as good as any in the neighborhood.
Further landscaping will bring trees, bushes and more vegetation to
the site. severar sorutions are under consideration to reduce the
visual impact of the dumpster
Page 5
4. The Condominium Association is in title to fot A-4
to the East of the building and is in a position to donate
that ground to the Town for open space.
5. The general upgrading has increased the general tax
base of the community and hopefullyr especially if 23 and 25
can be upgraded to the state of aLl other Lions Mane II second
level units, eliminated the town's last flop house.
You are respectfulJ.y requested to reconsider the denial of
building permits to Marvin Simon for units 23 and 25 Lions lrlane
Phase II.
If the permits are not granted, the units will be sold' with
only the second 1evel being dr1'walled off as storage lofts. ?he
future owners without a doubt will make the loft conversion without
permit and not up to code. This is the inevitable result of denial,
and granting the permit will allow only logical, code conforming
construction and retain the upgraded character of this building.
ol-{
box 100
rail. colorado 81657
13031 476-5613
department of community development
December 5, 1977
Mr. Marvin Simon
P.O. Box 3628
Vai)-, Colorado 81557
Re: Units 23 and 25 Lions l,Iane Phase II
Dear Mr. Simon:
On November 30, Bill Pierce and f reinspected units 23 and 25of the subject building. Work was commenced without benefit ofzoning approval- or a buil-ding permit.
The building is presently non-conforming with the Municipal
Code of the Town of Vail . Section 18.18.090 - Density, which statesoNot more than thirty-five square feet of gross residential floorarea (GRFA) shall be permitted for each one hundred sguare feetof site area". By conversion of attic space to habitable space,the building has been made more non-conforming, in violation ofSection 18.64.050 of the Municipal Code.
You are hereby notified that the subject units must be returnedto the condition they rvere in prior to the illega} construction.
lilork must be cornpleted within l0 days from the date of this letter.
The following shall be required:
1. The plumbing in the non-conforming attic areas
must be removed.
2. The electrical work in the non-conforming attic
areas which has been installed without an Elec-trical Permit must be removed,
Mr. Sinon
Page 2
December 5, ]-977
3. The originally installed partition between
the finished storage area above the kitchen
. and the non-conforming attic sPace must be
. reinitattea to recreate the necessary fire
' .resistive construction for the roof struc-
'tural system. This separation must be
aaetn"tl to provide a i'one hour separation"
as 6utlined in ttre Uniforrn Building Code'
1973 Edition.
4.Thehatchcoverbet$'eenthemainlivingarea. and lh" tott-.onforming attic space must be
:reinstalledtorecreatethefireseparatlon
described above'
If you have any questions concerning this letter' pleasb give
us a call
o
SincerelY,
DEPARTIV1ENT OF COMMUNITY
DEVEIOP}IENT
Dlana Touqhill
Zoning Administrator
Bill Pierce
Building InsPector
Dt/sP/gk
{
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J
box 100
vail, colorado 81657
(303) 476-5613
orfu
,/V
)rl
f office of the town mana(pr
February 17, 1977
Mr. Gordon Haith
Box 239llinturn, Colorado 81645
Dear Mr. Harth:
This notice is intended to remind you of the situation regard.ingthe Location of the trash dumpster placed east of the Lions-
mane Phase II Bu1lding. No approval has been granted by the
Design Beview Board of the Town of Vail for this installationin that the Board directed you to determine whose property the
duapster is located on,
After my investigation with you at the site this past fa1I, it was
(and currently 1s) located on public property. It is necessarythat your Condomi.nium Association take some action as outlined
below within 20 days of receipt of this notice or be in violationof the provisions of ArtLcle 15, Ordinance No, 8, Series of
19?3 (The Zoning Ordinance).
1) You may select an alternate location for the dumpster
and move the dumpster upon approval of the Design
Review Board, It is necessary that you submit a new
location to tbe Design Review Board prior to moving
the dunpster,
2) You may submit proof that the current location is ouyour property. Upon submission of a surveyorrs map showing
the dumpsters location and approval by the Desi-gn Review
Bciard, the dumpster may remain ln its current location.
3) You may request (1f you find the dumpster to be onpublic property) permission from the Town Council to
encroach on public property for use of the dumpster.
Upon approval by the Town Council , the design will
remain subject to aesthetic scrutiny by the Design
Review Board.
,.ll
l[f. Gordon llaith o -2-FebJrv 17, 1977
You may determlne other opti.ons open to the Association. you, also,gav {i1d 20 days too short a time to determine appropriate aciion.rn either case, please notlfy me. rf no response- fotlows within20-days of receipt of thls notlce, further llga1 action may belnitlated by the Town of Vail on this matter.
It yot have any questions or if r can be of further assistance, pleasefeel free to contact me.
Sincerely,
ARTMEl[I
I{ITY .DEVELOP
1Ii F. Pi-erce
Build g Offi rial
PLUMEII CHANICAL PEFIMIT
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/-ror-rn*?r,ET
E otsappRoveo
USE OF BUILDING:
EMoDEL I nepltnoF WoRK: D r,rew E nootnoH
IPTION OF WORK:
PLUMBTNG: NUMBER. fl I I MEGHANICAL: NUMBER
J
vALUArfoN s l/.(rn VALUATION $
REMARKS:REMARKS:
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PERM.T FEE V)f* ) ,' t PERMIT FEE
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r{erorAL FEES: $ /D-''
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VOTE: FOR:
SUBJIICT:
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:ABSTENTION:
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IIDTIBENS PRESENT:
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CTION TAKEi'T BY DOARD:
MOTION:
VOTE:
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AGAINST:
AI]STENTION:
APPI]OVliD:
DISAP]TIiOvIiD:
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BOBERT W. HUTCHINSON
ATTORNEY AND COI'NSEIoR AT LAW
Writers' Tower, Suit€ 909
1660 South Albioa Street
DeDver, Colorado 80222
(308) 75E-4688
April L9, 1977
Town of Vai-l
Box 100
Vail , Colorado 81657
Attention: Mr.
Please be advised that Lionfs Mane Phase II Condominium
Association has been negotiating for the purchase of the
subject land. Princeville Corporation is the nominee for
the fee owner Northwestern Mutual Life Insurance Company.
At this point, there exists an agreement in principle
relative to the purchase.
I shall keep you apprised of further developments.
If there are any questions, please feel free to call .
Very truly yours,
fh7hz"rua
Robert W. tlutchinson
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Town of Vail
I:I.NCf,RICAL PERMIT
N9
Building Valuation
Electrical Valuation
Permit Fee
Inspection Fee
Total Fee
371
$............-......-..-.-.-.
8........4..5A.,..4)...
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s............ l:., l9 ...
$ .......{-l:.,.4-......
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Received By.....f1.-!2..-
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FORil/ r3 TO E POSTED ('1{
SITE DURIiIG GONSTRUCTIOT{
24 HOURS N)VANCE NOTICE
REQIJIRED FOR INSPECTIONS
rca N^^"...fuy'.a2'.o.,2***> & *u*. V- :.3:
Date of ApplicatioL-.. 7*..-14.--
Electrical Contractor
APPROVALS
THIS
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Sltllatlr.
-ww3
rrl a. r- caarrr ao.r or{v.r !ro.!z
,r"r" O^'r, stAt L ofj cr-)LottnDo -nl,,nr, rr,,muf.-,11,1---
Dato
ALAnl,,l: for Firc i?. FOr Non-Firc U
It non-lire exp!2in: Smoke Scdre O F?lsc 0
r,^\ -,. _)r-\^., t,i iO?1,.
Uita' ol n l;|rri,.
- -':.--:'.:-'-'L ' Oay:
Firsl Aid rJ Accident rf Other
0l:28Timc:
Alarm Transmitt.:iJ b/: Ccntral Rcceiving Station E Telephone fj PoliceRaCir, tr Oihet B
Return to Ouarlgrs:
n?2f,
11"'-,'i *! j i't ','.i r-r.; llFi':o Ilnit i?2
i,<lcress:
Ty2.J of Fi.e: Fiuilding u Auto O Crass O Brush O Dumpstcr O Othei:
r).. -i.n-J .: I.r..-i ::er..I 1-Of.l:
Name of Ovrner:Lrj-st.rcl( liaril- :lst,al;e - A'ent
,.ir:cr-::1 ... ia;'r.e, :;"1f1 ';2n ij 'r1.lr.liinre of Tenanl (il not s:me a3 owner):
Type C|l Occup?ncy:ilecl lrl-,'rr:.1'tncn b
Construction of
Other:
--
B,.rilCino: Fire Resistive Ll Brick or Concrete Block 0 Wood Frane
No. of Stores
Fire our on Arrivat? yes o No 6- rr r.ro, now extinsuished lp.,-"q5l3qeF---p99:!9l-i3!9t
Floor of Origin: Conf:ned to: Floor - Yesff No tr Building - Yed'Ii No El
Extended lo: Ad,oining Building - Yes O No.tli Beyond Adioining euildings - Yes O tto Ei
Burrri,nq CalJ.l,eCause ot lgnition: -.
l,,1ateri8l Fii st lgnitEd:
Cause of Fire Spreao:
Eerrclin!" i.leter:i.ai rr"nd liattrcss
iSninal -onll uiti:in 1oit.Smoke Spread:
l- Civilians 1 Persons Killed: Fiiernen
'ltrrcuch lhits 22.21
l) civitians oPersons lnjured: F:remen
Estitnaled Loss: BuilCing Contents
Response: Total Number of Men
nl";I
Tinre ol Alsr.n
Outside Fir!. Dcpartmenis Assisting
fvlen Besponding 22
olr31 1si unit 1o-23
?-2 'l'-1 .) -1,i. .
Last Unit 10-24
Apparat|.|s
ChSl
story or Firo and Eq uipment used (use reverso side ir rreeoeol III-lon a'r'riva1 tlir'c-1:as ni niixal' -:]elte-g:-:j!frcxi tlic t,oi,:l- i.r.'rii,j:in'1" ilpor..er:'uor'"i.Il!l unj-t 22 it -'..as ic"rrld tirci itl'r,,ile ucper loii
arcli 1.rc i:r.-ci r. i,o: sir,clic.,- .firc pi'ci3i,ss. i,i{',e:r t:as e,kcl("!l' being ;rrtr:1i.t':; ti-':'nu 1i-'l a
sr:r:rlL hcse fro:r'bire kifchcn sirrit b;'i'b. C.l:rrl<.
r,li.tir ar]ui:l';'i.irnii.!- iJr-t:,c1' ait,.l i i-lil t c two -llircnt,rn thott entertrtl b;re 1of'b arL'3 lll(l 3(
fit.c 'r:,rs p:.'cib1,' l;el.-l olttr blrl Lltc loit aic.r w:.tl;very ltt: i; attd r;ltokc;r.
Vr.:i'l r',i l:t t;icu r.nC .;:rl'.'a,lc cc1'arlj rrrli c.r'e airpl:icd to hlli oi thrs unib to trli
-C!\:i)l'-
I
{,
tr
f,i .lr-,l,i.on o1l l,h,: lo;r.b c-rea 1.rr s c.xhTen4ll,' 114n1p6.;p9rl drlc to no opcn'irl1s I'ri.nd<xri,
iloor'l: r 1' '11[i,', ci;c1
Il ,:;:i.li.i r.: rlucL urr.g u:';cr.l 'bo cornr).1 obe venb:i.l;l.t:iotl o1'bhc lofb
f nvrrl; i:'i.;al',l.eIl l'(li' (ir:ll1:;c bc:i:Llt :i.rr rr:li.:rb"!.r.y:r.[i;c1rclLilnli-rrn
.l.fter" ner:sonrl. jntnrvi.ctrs 'rn.l rrtorr,l :l-a.'/oub1; rrlCrllB r.nrle :i.b tl;rS
ncl:c for)r occuDantil in th.i.s unib prior and durinS the fire'
firey lrcre:
1.. tii.ch;:cl. -'. Le;rne
2. T,j.nrla .Tc lf.re.-u
3. .llil]-ian Ol'rrk
U. 'a1. X i:irff 'tL jOl'l
' j.chael [,a7re ..ras ,r:]:,: i irs" to 1.,., ar.raicen anc tl'.,:n he :rlcrtr:rl the o';lrer ',,hree
occupanl:l,I,a;ncihcnati;e.r!'tedtoen.Lerthel'ofbareaarrciiiasdrivcnbackb;'
hei.L arr,:1 snol:L anri. iel--l- do-"m the siairs at blrab time. l'ie slrsliainec! ir.rino.r irtjlr.riis
to his rb. :rnl:1e, rt. elbccr ani l.t. ',,':'isi. iie lias treabed and releeseci from tire
arca.
't;al; ccltllleted.
found thab bhere
Depi. anC the Totrn of Vail &rildirg Officjal
and all viohticns be corec';ed prior to
v.I/. i:. c.
Cap'0. liilier i.ras also treabed and released foP n'd.nor snoke inlati'rri;
Tle scuttricsi; r,'a11 FJca';i&s r,rl:ere the nosb heat anrl char-depth'.vas found.
The probable cause at this iine vill be fron the rrarc cnndle, left burni-ng in the
southi;e'st coritol. loft area igniti-ng the beddiirg anC mattress naterial.
Ii val1 be re.:luiretl by the i/a:l I'ire
that a buiiding per;,ri-i;t bc tal:en out
re-occupancy.
I
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t\cLotdett 5y:
luf ;' .! L rlf i'*' ; ;l,inTi-. :: i iT *' I r rr:il :$r:pcrt
TO!/N Oi: VAiL, S rATf
i;lr:i r., [' 1:',r'ii :i1r',
OF COLOI'.IADO - Alarm fiurr,bet
Date
'4"-']rn'lt*48
1;r.rr. ;- - 2'1 , f,.i'l(,
ALARIT: For Fi.e if./. For Non-Fire tl
lf non-lire explain: Smoke Scare tr False tr
in rr::.-\^- a.7 io7(,Dri?olnlarn'r: * -'' '-1":- -' '- ' ' Day:
First Aid O Accident tr
S atrrlri ay
Other
Time:01r28
Alarm Transmitted by: Centlal Beceiving Station tr Tetephone R Police Radio tr O'rher tr
Feturn to Ouarters:
. I l:r::, ^1a ',1 'I.i e'-' r ni.r,-e
Address:iin:Lt
o't2q
Ty2eolFire: tsuilding d Auto O Crass 0 Brush tr
Il,'.'ntrei.S li't'r;:i I i6rrl 1/'C,f l.:
Dumpstcr D Olher:
Lr j-str:clc iir.:al- :il*;fal;c -Iiq,,-nt,Name of Ov/ner:
N;.nre of 'fenan't (if not srrne as owner):ial.r-c, i1f l.''-an ij-l ,.11<.
Type .rf Occupancy:lic,qLlr-l,ir::ir'bni(.)n ti
Construction ol Br.rilding: Fire Rasislive i.l Brick or Concrele Block O Wood Fra:"ie
Olher:
--.
No. of Stores
Fire Out on Arrival? Yes tr No 6- tt No, how extinguished
t ---rav o/4,nn-l odPt"- r'6. r_ \-/t.o. rLr Boost'er I','at er
Floor ol Origin: Contined 1o: Floor - YesE No tr Building - Yeslf,i No tr
Ext€ndedto: Adjoinine Building-Yes O No,{l BeyondAdioining Buildings-Yes O No Ei
Cause of lgnition: -
Material Fir st lgnited:
I irrc 'l'r; no n BurninF.: iland:l.e
It",Lri i::i l.:rter:i.ai lind I.at';r'css
' i ninauause or rrre Spreao: _I -onlJ' rrit'l:in l-oft'. smoke spread: 3g{--t1i33rt
Persons Injured: Firemen 1 Civilians 1 Persons Killed: Fii'ernen 0 Civilians O
Estirnated Loss: Building Contenls
Response: TotalNumberot Men ?3 -
Time ot Alarm C] r2 3 1st unil 1o-B
Men Respond ing
Oll31 1si Unit 10-23
Apparatus
Clr3l
',:,-2 T*t_,;l -1..
Lasl Unit 10-24 D705
Outside Fire Deparlments Assisting
Story of Firc and Eq,.ripnrent Used (use reverse side il needed) iTpOn ;'i'rlva1 tlrC"'C-r':lS rlj ni::itl'
-
5t't"lte ghC-:rjnS
f::txn tiie tc.t,:lJ, ).r'.liidln11o I Iptrrr... e nt cr:r-r]:l unit 22 it -rias r'o'.rtrcl that itr 'l"i:tr urper 10-ill
ar():. 1,1(: t:r-'.ri lL i'oi :;;.:olil:r- iilc pl'c;3..ss. ;.tl,e:r i::ts tl-l.Lir(1.,. 'oein1. :.: F1i.c,r: tl-r't,u:'l:i :r
sr:rrrf.'" l:.ose ir''on 1,ite kitciicn sir:i; b}' llr. CLrr']<.
';.':i.tir aclriitil.na-l- lrrrLe.r' artLl iiAl o tuo .fircrt.rn bhett enter.tr('l b;rr: loft aro3 ftl..t \::r- s e
firl r.t:,rs r-.r'c I b..i l;el,.l o'.lt, bu b t hc ]oif arca ir:-ts very hct and smokc.\re
Vr',;lhil:rhiolr anC.;;rl-.1r;lc co\r.-'t:l'i whe.re applicrl to t,ire 1o:rcr li;r1i o.1- Lirls ullit bo elj.,ni.n:Lie
: itl,tt,:r trr'.tcr :rrrl s: lol:( ) d:tr.'ll1(''
-c\\r{)|-
o
. Yentil:tion of the l.cft area was cxbrenely harnpered due to no openi.ngs r.ri-rrdovts,
doors, vents, etc.
Fleicible duct r,ns rrsed 'bo conrpl.ei;e ventilation of the l.oft area.
Tnves Lig;ri,ion lor c.errsc bcger: irncliatley rf ber ven Lilation r^rac co;rp1.eted.
-A.fter persona.l j.ntervie,rrrs and roorn la.;rou'bsi rrer:e rnade it tvas forrnd that there
were four occuparrts in this unit prior and during the fire.
l'ney were:
1. iiichael li. T,ajnce
2. Lj.nda Jeffrey
3. 'riilliara CLrk| --Lr. r ark ir.,r:ison
l,rehael [,ayne i-ras 'uire f irst to be ar+aken anC then he alerter] the other .bhree
occupants. i,ayne ihen at'oenpted to enter the l-ofb area and r..,:as driven back b.r'
heai ancl snoke and fc11 do'":r:r the stairs at bhab tine. i'ie sustailed- ninor in.'juries
to his rb. ank1e, ri. elbc''..r anci l.t. irist. fie was treabed and released fron the
v. r/. ;J. l.
Capt. ,'i111er was also treai;ecl and release<l for nrj-nor snoke inlation;
The soutliresl, lial1 €u'ea tias r,rhere the rnost heat and char-deith :vas found.
?he pro'robIe cause at, this tine r.rill- be l'ron the rrax candle, left burr'.ing in the
southvest corlor lofb area igniting the bedding and nattress material.
It ldll be rerluired by the i/all I'ire Depto anC the Tor.rn of Vail L\rilding Official-
that a building Perr;rii;t be taken out and all violations be corected prior to
3e-oCCuPanclo .)
)
o
DD SIGN IIUVII'i'; UOAND
ACTION
DATI Oli lrtlETING:
[{EI{B]]NS PRIISDNT:
SUI3JECT:
TAKEN BY
ITIOTION:
VOTE:
SECONDED BY:
AGAINST:
AISST]INTION:
APPIiOvIiD:
DISAPI)RO\IIjD:
SUIIIIATiY:
t.l t t rch/1 :]ltn ("t I
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I
box 100
vail, colorado 81657
(303) 476-s613
Electrical Code.
6. Furthermore, it appears
by non licensed Personspermit.
office of the town manager
July '12 , 1976
that work was Performedwithout a valid building
Itrountain Properties Ltd.
P.O. Box 489
Vail, Colorado
ATTN: Mike Dawson
Dear Mr. Dawson:
On the morning of July 7, Lg76 | conducted an inspection of
l|nLt 22 and 22A of the Lions Mane II Condominiums'
At that time I noticed the following conditions that are in
violation of the Uniform Building Code'
1. The stairway to the loft is incomplete and is
in violatj,on of Seetion 3305 (e)'
2. If the apparently newly added room in the loft is
used for sleeping purposes, it must have an
emergency ex:-t window and adequate ventilation'
Violition of Section 1304,1305'
3. Certain areas of wa1ls and ceilings lack installation
of rated (5/8" typeX) drywall' These areas cause
a breakdown'in tLb tire iesistive integrity of the
"t".t.i""" in violation of Section 1302(b)'
4. If the apparently newly added space is usecl r'or
sleeping purposei, fire detection systems must
Ue instafied-in accord wittr Section 1302(b)'
5. Numerous electrical connections are incomplete
and therefore are in viotation of the National
At this time' due to some question of jurisdiction' the Town
of Vail will not initiate any further action'
The Town of Vail does direct you to correct these violations
nriol to re-occupancy of thls space.
Since.relY,
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MountainJuly 12,
Page Two
llFP/ik
l;?t""u
ztueItilliam
Building
F. Pierce
Official
july 11 , l97L at 1f:30, ,,n::525-rt1ed
for ot""t
i.., r F 235/586
Condominiurn Declaratlon
For
Llons Mane Phase IT
This Indenrure Witnesseth thaE:
IlThereas, Mountaln Properties, Ltd., a Col-orado Corporation, herein
referred to as "Declarantrtt owns all of the legat and beneficial titLe
to certain "property" descrlbed in paragraph 1 (a) below, and,
Whereas, decl.aran c desires to irnprovd the property by constructlng
one buildlng thereon contalning 19 residentlal apartnent units, and,
Whereas, declarant desires to establlsh fee simple air space unl.ts
thereln as authorlzed by the Colorado CondoninLum Ow.nership Act, 118 CRS
15 -a, et seq. ,
Now therefore, declarant hereby makes the following declaratLon
whi ch shall govern the divlslons, conveyances, convenants, condltlons
and uses of the "propertytt and subjects sarne to the Colorado Condominiun
Ownership Act to run with the land and bind the declarant, lEs successors
and assigns r'and all subsequenE owners and thelr grantees, suclessore,
heirs, adslinistrators, and assigns:
1. Definltions (a) the "?roperty" ls described as follows:
Lot 5, Block A, Lions Rldge Subdivlsion, excepE a
portion thereof described as follor.rs: Beglnning at
the nost northern corner of Lot A-5, Block A, Lion?s
Rldge Subdivision filed of recorcl wlth the Clerk
and Recorder of Eagle County, Colorado, sald corner
being the true point of beginning; thence S.44037r06"8.,
a distance of 70.00 feet along the lj.ne between Lots.
A-4 and A-5; thence S.47o35'39"W., a disEance of 250,20
feet to a point on the l1ne between Lors A-5 and A-5;
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thence no.44037'06"w., a distance of 70.00 feer along
the line between Lots A-5 and A-6 to a point on the
southeasterly right-of-way line of Sandstone Drive,
. said point being the most westerly point of Lot A-5;
thence al-ong said right-of*way line and along a curve
to the right whose radius of. 4056.93 feet for a dis-
tance of 250.2 feet and having a chord whose bearing
is N.47035'39"B.ge the EE inning, con-
ore or 1ess,tainlng 1779 I square fee
Lionrs Ridge Subdivision, atEdffi-ng to the recorded
plat thereof, Eagle Coun!y, Coloradol
(b) "Building" means the one building improvernent containLng nine-
teen apartmenEs erected upon, and constituting a Part of,'the property
as described above.
(c) ttoumertt means any person,
t
flrrn, corporation, associatlon ot
rnore condoninium unlts, or an inter-other legal entity who
est therein.
(d) "Individual
o\,tTls one or
Air Space Unittt means an air space which ls con-
tained wiihin the perimeter wa1ls, floors and ceilings of the building
as shovm on the rnap and described by an ldentlfying number.
I(e). "bondoniniuur Unit" means indivldual air space unit together
with the undivlded interests
limited common elements.
and fractional interests in the generaL and
(f) ttFractional Interest" means the Proportl.onate intereet of each
ownerts undivided int.erest in the general and llrnited conunon elementg as
shal1 be established by Declarant upon conveyancing accordlng to the
ratio of total square footage that ortnerrs unit may have to the Eotal
squere footage of all such condominluur units.
(d "General Common ElemenEs't means the land on which the building
ls located; the foundation, colunns, girders, beams, floors, supportst
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wa118, roofs, halls, corridors, lobbies, stairs, sEalrways t entranceg'
exics, wlnrlows and doors; the basements, utiliry crawl spaces, yards,
gardens, garages, garbage spaces' slorage spacesr mechanical servlces,
such as poweir, 1-ight, gas, vtalerr heating, refrlgeraEion, air condi-
tioning, tanks, pumPs, motors' fans, compressors r ducts, electric
wiring, telephone terminals, auxil1ary hot weEer heaters, pipingt'
conduits, swimming pool and associated aPParaEus and, 1n general, all
install-ations proviileil for the comnon use of owners; and all other
and sirnilar Parts of the Pro?erty necessary or convenient to the exis-
tence and maintenance of the building, includlng such common facilitiee
as may be added by the Associarl-on subsequent to this decLaratlon.
(h) ttl.irnited Common Elementstr means comrnon elements which are
reserved for use by fewer than all the o,rners of the indivldual air
space unlts or for the exclusive use of the owner of any individual
air space unit.
(i). ttAssociation,t neans a Colorado non-profLC corporaClon knol4tTr
as "Lion's Mane Phase II Condoninium AssociaEionr" the By-Laws of whlch
shaIl govern the admlnistration of this declaration, and the-meoibers of
which sha11 be all of the owners of Che indlvidual air. space unlts in
the bulldlng
(j) "Common Expenses" neans all su65 |swfully assessed against the
geireral c oinmon elements by the Board of Directors of the Assoclation; the
expenses of administration, maintenance, repair or replacement of the
general coflImon elenents, includlng, but not limited to, caring for the
grounds, the buililingr snon removaL, Eaxesr insurancer and approved
reserveg to meet future such expensesl and any other, s1nilar, or ail<li-
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tional exPensea agreed upon as common expenses by the Board of Directors
of the AssoclaElon from time to time'
(k) "Map" means the engineerlng survey locating and dascrlblng the
improvemenEs thereon and the individual air space uniEs and conmon
elements, which shall be attached hereEo anil made a Part of th{s declar-
ation.
2. Estqtes Createil' The property is hereby divided into the
following fee simPle estates:
(a) Nineteen fee simple estates conplsting of nineteen separately
designated individual air space units as identified by number on the
map, and three indoor garage spaces also identified on the map'
(b) The rernaining portion of the Property' referred to as the
general common elements which sha1l be held ln common by the owners '
;
oi r."o.d in the counly of Eagle, State of Colorado prior to tbe first
:
.ot r.r..". of condominium units' The rnap shall consist of and set forth
(1) the LegaL description of the surface of the propexty; (2) the linear
trleasurements afld locatlonr with reference to the exterior boundarles of
the land' of the building and all other lmprovements built or to be
built-on sal.d land by declarant; (3) the floor plans ancl I'inear dimeo-
sions of each lndividual air space unlt along wlth lts numerlcal designa-
tion; (4) the elevation plans of Ehe building; (5) che. elevations of the
unfinished interior surfaces of the floors' wa11s' and cellings as es-
tablisheil from a daturn plane, and the linear measurenents showing the
thickness of the perimeter walls of the bullding; (5) indlvidual aLr
l
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3. Conveyance of condominium Interests' (a) tne map sha11 be filed
I
. space units by nunber; (7) fractionaL interest associated with each in-
. dividual air space unit.
. (b) Prior to the conveyance of a condominium unlt, there shall be
' filed for the record as a parc of che naP a certificate of a registered
archLtect or licensed professional engineer certifying that the improve-
ments as construcEeal conform to the map and that the map fully antl ac-
curaLely depicts the layout, measurements and locatlon of a1l of the irn-
. provements on the land, the individual air space unit desl.Flations ' the
dirnensLons of euch units anil.the dimensl.ons of the unfinisheal waI1e,
t
floors and ceilings.
(c) Any deed, lease, mortgage' deed of trust or other ins truoent
of conveyance may 1egal1y describe a condominlun unit by its identlfying
' individual air space number, follolred by the phrase t'Lionts Malne Phase
II Condominium Unlts" wiEh appropriate reference to this decl-aration and
accompanying nap. Every such description shall be deemed good and
:suificient for all purposes'to conveyr transfer, encunber, or oEhenrise
affect not on ly the individual air space tnit but also the general and
linited conmon elemenEs appurtenant thereto.
(d) Declarant shall cause noEice to be gl-ven to the assessor of
Eagle County, Colorado, of creation of condominium ownershiP of thls
property, as ls Provided by law, anil each air space unlt shall be deemed
a separate parcel and subject Eo seParate assessment and taxatLon
4. lirnited Common Elements. A portlon of the general conmon
elements is set aside and reserved for the exclusive use of the lndi-
vidual ouners,' such areas being Ehe lirnited comnon el-ements to be
' aseLgned to eadr ovner as described below:
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(a) The auEomobile parking sPaces'
(b) The balcony or porch adjoinlng an lndlvidual alr space unit
and associated therewith.
(c) TtIe oucside sEairways anct interior hallways lea<ling to and
associated with such unic, excepE thaE stairways and hallways leading
to more than one unit sha11 be usecl by the olrners of each such unlt'
(d) The uEiliEy fixtures and equipment installed vtithln the unit
by declarant commencing at a poinE where the utility lines' pipest
wLres, conduits or systems enter the inside PerimeEer wa11 of the uniE'
(e) The unfinished surfaces of the Perimeter wa11s' floors and
ceilings surrounding and associate<t wiEh a unit' Owaer shall be deerned
to own and shall maintain the inner decorated and finished surfaces of
the perir,ieter wal1s, floors and ceilings; the doors antl wintlows; paint'
wallpaper and carpecing; and the lnterior non-1oad-b ealing walls con-
tained within the unit. ',
(f). Each balcony, poich, stairway' ucility fixcure and perimeter
surface assocl-ated rtith a trnit shal-l be the limited conmoll elements used
wLth such unit wittrout furEher reference' Automobile Parking sPacest
howeve!, shall be assigned by declarant' Limited Common Elements shall
be used by the orrrner and his guests ancl invitees to the bxclusLon of the
other owners.
5.Conalominium lnterest and Easements' Each indiwiduaL ait sPace
l-irnited comrnon elements,
and maY be conveYed ,
The general and lLmlteil
unit and the unilivlcted interest in the general anil
if any, appurtenant thereto' sha1l be inseparabl-e
leaseil or encumbered only as a condominir:m unit'
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conmon elementa sha11 be ov'ned in common by all of the owners of the
unlts and shall remaln undivided, and no owner shal1 brlng any action
for partiEion or divLsion of such common elernents. Each owner shal-l
be entitled to exclusive ownership and possesslon of his unit and nray
use Ehe general comron elemenEs in accordance r,rlth the purpose for
which it is intended, without hindering or encroaching upon the lawfuL
rights of oEher owners. If any portion of the general common elements
encroaches upon a unlt, a valid easement for the encroachment and for
the maintenance of sarne, so long as it stands, shall and does exist.
I
And if any parc of a unit encroaches upon the general common area or
upon an adj oining uniE, a valid easement for the encroachment and for
the mainEenance of same, so long as it stantls, shall and does exist.
For titl-e purposes, such encroachmencs and easemenEsr if any, shall noc
be considered or deterrnined to be encumbraoces either on the cortrnon
elements o._a1.,, indivldual air space units.
There i.s hereby created a blanket easemenE uPonr across, over anil
rmder the above described property for ingress and egressl lnstall-ing'
repairing, maintaining anil repl-acing all uEilities, lncluding nater'
sewersr gas, tel.ephone, electricity and T.v. antenna sysEem, prowldeil
no utiLities shal1 be installed or relocaEed on said property except as
initially programmed and approved by Declarant or thereafter approved
by the Association; and on and over each condominiun unit to pernlt the
Assoclat.ion or iEs designees to effect any desired or necessary rnainte-
nance or repairs to Ehe building.
Each owner shall conply strictly with the provis ions of this
Declaration, the By-Laws, and the decislons and resolutions of the
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Association aaloPted Pursuant thereto and as the same rnay be lawfully
amended from time to time. Failure to comply wiEh any of the same
sha1l be grounds for an action to recover sums due and for damages anil
injunctive relief as may be mainlained by the Managing Agent or Board
of Directors in the name of the AssociaEion on behalf of the owners or,
in a proper case, by an aggrieved owner.
(a) The aclministration of chis condominium ProPerty shal1 be
governed by the By-Laws of "Lion's }lane Phase II Condoniniun Associa-
tionrtt a Colorado non-proflt corPorationr referrecl to hereln as Ehe
,tAssociation. rr The owner of a unit, upon becoroing such an ownet, shal-L
be a menrber of the association and shal1 renain a mernb er for the Perio'l
of his ownershiP.
. (b) The lnitial agent for manageEent of thls condominiuo is
Michael E. Dawson, Mormtain Properties I'inrLtedr P' 0' Box 467' Vail;
Colorado 8155 7.
(c) The Board of Directors of the Association and the agent for
nanagement on behalf of all ownets ] sha11 have right of aceess to any
apartmenE unit during reasonable hours to repair, service and maintal-n
general common elements therein or accessable therefrom'
(d) The owners shal1 be obligateil to pay Ehe estimated assessments
imposed by the Board of Directors. Assessments by the Board of DLrectorg
shall be made pro-rata according to each owne!ts fractlonal interest in
the general conrron elenents. LiniEed conmon elemenEs sha11 be maintalned
as general connon elemenEs and the oltners havlng exclusive use of such
lfuoiteil conmon elements shall not be subject to any sPeclal charges or
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6. Association - Common Expenses - Tnsuralgg'
assessments trereLy because of such use.
(e) The By-Laus of the Associatlon sha11 set forth procedures for
the naking of assessments. These assessments shall be based upon the
cash requirements of the Association reasonably needed to care for the
uraintenance of the common elernents and may include the following:
nanageraent fees I taxes and special assessments unt11 separacely assessed;
expenses of repair and maintenance of the building; fire insurance with
extended coverage for vandalism and rnalicious mischief and the 1ike,
with endorsenents attached issued in the gmount of che replacement value
of all of the condominir:m uniEs; casualty and publ-ic f.iablity insurance
prerriums; landseaping; cornmon f.ighting and heating; trash and garbage
collection; vaier charges; 1egal and accounting fees; and the maintenance
of a reasonable reserve for contingencies or surplus funds. The ornission
or failure of the Board, of Directors to fix the assessmenc for any monEh
shall not be aeemld " rdlrr"r, modificaEion or release of the ownere froar
thelr obligation to payssame when fixed.
(f) Ttre Association shall maintain a master or blanket casualty
Lnsurance policy as described above coverlng all risks custonarlly ln-
sured against. The master policy shall name Ehe AssociaELon as prirnary
beneficiary and shal1 identify the interests of each owner therein.
It shall contain a sEandard non-contributory nortgage clause in favor
of each first nortgagee; shall not be cancellable until aft,er ten days
prlor written notice to each owner and mortgagee of record; and shall
not be invalidated by the act, omission, breach of warfanEy, negligence
or non-conpllance of any individual owner, excepE as to the limited in-
terest of that o$rner.
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The Board of Dlrecrors shal1 insure and keep insured alL of the insur-
abl-e generaL conunon elements of the property in an amounc egual to cheir
maxitnum replacement value as is defined in this DeclaratLon. Maximum re-
placenent value sha1l be determined annually by one or lnore lrritten apprals-
als. FurEher, to obtain and mal-ntain comprehensive liability insurance
covering the entire prernises in amounEs not less than $100,000.00 per person
and $300,000.00 per accl-dent and $50,000.00 properEy damages. To lnsure and
keep Lnsured aLl of the fixtures, equi.prnent and personal property acquired
by the condoniniuo units and their first morEgagees.
(g) Maxinum replacement value of alL condominium units firr Lnsurance
purposes shall be rnade annually by independent appraisal repor!.
(h) No owrer may exenpt himself from liabitity for his contrlbutLon
towards the comoon expenses by waiver of the use or enj oyrnent of any of the
connon elernenEs or by abandonment of his apartment.
7. Lien for Non-Pa#nent of Cournon Expenses.
(a) A11 sums assessed but unpaid for the share of common expensesl
chargeable to any condominiurn unit, lnc1ud1ng lnterest there.on at eight per
cent per annum, shal_l- constitute a lien on such uniE superior (prior) to all
other liens and encumbrances, except only for:
(i) Tax and special assessment liens in favor of
any assessing unit, and
(ii) A11 s usrs unpaid on a firsE deed of rrust of
record, including all unpald obligaEory suns
as may be provided by such encumbrance, and
incl-uding additional advances made Ehereon
. prior to the arising of such a 1ien.
To evidence such l-ien the Board of Dlrectors or managing agent
shaLl not.be required to, prepare a $ritten notice seEting forth
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(b)
but
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I
naYt
i:,
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t
Ehe anounE of such unpald indebtedness, the narne of the owner of the con-
doninium unit and a descriptLon of the condominiurn unit. such a notice
shal1 be signed by one of the Board of DirecEors or by the managing agent
and may be recoriled in the offlce of the Clerk of Eagle County, Colorado,
by the Association. Such lien for the coinmon expenses shall attach from
the date of the failure of payment of Ehe assessment' Such lien nay be
enforced by foreclosure of the defaulting owner's condoraLniurn unit by the
Association in t-ike manner as a nortgage on real- ProperEy uPoD the record-
ing of a notLce or elaim thereof. .In any, such foreclosure the owner shall
be required co Pay the costs and expenses of such proceedings, the costst
expenses and attorneyts fees for f il-1ng the nocice or clalo of lien and
al-l reasonable aEtorneyts fees in connection with such forecl-osure and
such costs, exPenses and fees sha11 be deemeil part of the lien creaEed
herein. The owner sha1l also be requLred to pay to the Assoclation the
Donthly assessnent for the condomlniurn unit durlng the period of fore-
closure,.andtheAssociationshal]'beentitledtoareceivertocol].ect
the same. The AssociaEion sha11 have the Power to bld on the condominium
unit at foreclosure sale and to acqul-re and hold, lease, mortgage and
convey sane.
(c) The amount. of the conmon expenses assessed against each contlo-
miniua unit shall also be a debt of the owner Ehereof at the tlne the
assessment is macle. Suit to recover a money j udgrnent for unpaiil comuon
expenses shall be maintainable without foreclosing or waiving the 1l'en
securing s arne.
(d) Any encurnbrancer hol_ding a lien on a condoninlun unic rnay, but
shal1 not be required tor pay any unpaid cortrnon expense payable with
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: respect ro such unlt, and upon such payment 6uch encumbrancer 6ha11 have
, a lien on such unlt for the anounts paid of Ehe eame rank ae the lien of
. his encumbrance.
'(e) Upon payrnent. of a reasonabLe fee not to exceed !\^renty-Five
DolLars and upon the wriEEen request of any Owner or any mortgagee or
prospective ortgagee of a condominium unit, the Associatlon, by its
managlng agent or lf there is no managing agent, then by its Boarddof
' Directors, shal1 issue a written statement setting forEh the amount of
the unpaid conmon expenses, if..any, with respect to the subjecE un5.t,
the anrount of the current rnonthly assessnent and the date that su'ch
assessmenE becomes due, credit for advanced payments or prepaid ltemst
including but not limited to insurance premiums, whj.dr staternent sha11
be conclusive upon the Associatlon in favor of all Persons who rely Ehere-
. on io good faith. Unless such request for a statement of indebtedaesg
.. i
, ll shal1 be complied wiEh wlthin ten days, a1J. unpaid cotTrnofl expenses which
. become due prior to the daEe of rnaklng such a requesE shall be subordinate
,i ao the lien of the Person requesting such atatement.
( f ) The grantee of a unlt shall- be j oint l.y and several,l.y 1iab1 e with
the grantor for all unpaid assessnents against the latter for his Propor-
tionate share of the common expenses uP to Ehe time of. the grant of con-
veyance, without preJudice to the granteets rlght to Iecover from the
grantor the amounts paid by the grantee Ehereforel provided, howeverr that
upon payBent of a reaSonable fee not to exceed TWenty-Five Do1lars, and
upon written requestt any such prospective 8!:antee sha11 be entltled to a
statement frorn lhe uranaglng agent or, if there is no managing agentr then
by lts Board of Directors, setting forth the axnounf of the unpaid assessi-
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ments, if any, wilh respece fo the subject unlt, the amount of the current
nonthly assessment and the daEe thaE such assessmenE becones due, credi-t
for advanced payment or for prepald items, including but not limited to
insurance premiums, which sha11 be conclusive upon the Association. Unless
such request for a statement of indebtednees shall be cornplied wlth within
ten days of such request, then such grantee shal-L not be liable for, nor
shall the condominium unit conveyed be subject to lien for any unpald
assessnent against the subject unit.
8. Right to Mortgage. Any owner shpll have the rJ.ght from tLne to tlme
to mor!8age or encumber ltts interest by deeil of trust, mortgage or other
security instrument. A first mortgage shaLl be one which has first and para-
mount priority under applicable Iaw. Ihe owner of a condoninium unlt nay
create junior morEgages on the following conditions: (1) That any such
junior nortgages shall always be subordinate to all of the terms' conditions,
covenants, resCrictions, uses, limitati.ons, obligations, Liea for common
expenser' and other obligaCions cTeated by this DeclaraEion and by the By-
Laws; (2) that the morEgagee under any junior mortgage shall re1ease, for
the purpose of restoration of any improvements upon the mortgaged premlses,
all of his righc, title and interest in ancl Eo the proceeds under all ln-
surance policies upon said premises which ilsurance policies were effected
and placed upon the nortgaged premises by the Associatlon. Such release
shall be furnishetl forEhsith by a junior morEgagee uPon wrlEteo request of
the Association.
9.
(a) Ttris Declaration does hereby make mandatory the lrrevocable
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ADDointed.
appolntment of an attorney-in-fact to deaL with Ehe properEy upon iEa
"destructlon or obsol-escence.
(b) Tltle to any condominium unit is declared and expressly made
subject to the terms and conditions hereof, and acceptance by a grantee
of a deed from the Declarant or from any or^rne r shalL constltuEe appoint-
ment of the at torney-in-fact herein provided. A1I of the owners irrevoc-
ably constitute an al appoint. Lion's Mane Phase II Condondniun Association,
a Colorado corporation, not for profit, their true and lawfuL attorney in
their name, place and stead for the purposp of dealing with the property
upon lts descruction or obsoLescence as is hereafter provided. As attorney-
in-fact, the Association, by irs presldent and secretary, shall have ful-l
anil conplete authorizaEion, right and power to make, execute and deliver any
contractr, deed or any other insErument with respect to the interest of a
condominium unit owner which are necessary ao<l sppl'spriate to exereise
the power$ herein granEed. RepaLr and reconstruction of .itte improvement (e)
i
as used in the succeeding subparagraphs means restoring rhe improvement(s)
to substantlally the same condition in whlch it eXisled prior to the flamage,
ldth each apartment unit and the general and liruited conmon elements having
the s arne vertical and horizonEal boundaries as before.
(c) In the event of damage or destruction due to fire or other disaster,
the insurance proceeds, if sufficient to reconsEruct the irnprovenent (s ) ,
shall- be applieil by the Association, as attorney-ln-fact , to such reconstruc-
tion, and Ehe improver,,en E (s ) shall be promptly repaired and reconstructed.
The Association shal,l have fu1l authoriEy, right and power, as attorney-in-
fact, to cause the repair and restoration of the iurprovement (s)
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(a) tf ttre insurance proceeds are insufficient to repair and recon-
, srruct the improvenent(s), and if such damage is not more than fifty per
: cenE of all of the condominiun units, not incLuding land, such damage or
destructionshallbepromptlyrepairedandreconslructedbytheAssoclatlon,
agattorney-in-fact,usingtheproceedsofinsuranceandtheproceeilsofan
assessment to be made against all of lhe owners and their condominium unl-Es'
such deficiency assessment shall be a common expense and nade pro rata ac-
' cording to.each ownerrs percentage i.nterest in the general cotnmon elements
and shal1 be due anil payabl-e within thirtyrdays after $trltten rotice there-
of, The AssociaEion sha1l have fulL authorlty, right and power' as attorney-
in-facE,tocausetherePairorrestorationoftheimprovenentausingall-of'
the insurance proceeds for such purpose notwlthstanding the failure of an
owner Eo pay the assessment. The assessment provided for herein shal-l be a
debt of each ouner and a lien on his condoninium unit anil nay be enforced
antlcollectedasisprovicledinparagraphT.Inaddltionthereto'the
Association, as attorney-in-fact , shall have Ehe absol-ute righL ancl power
to 6e11 the coniloninlurn unit of any osner refusing or fail-i-ng to pay such
def.iciencyassessmentwithlntheEimeprovided,andlfnotaopaid,the
Association sha11 cause to be recorded a notice thaE the conilomi'nium unlt
of Ehe dellnquent owner sha1l be solil by the Association' The p-ro ceeds
derived fron the sal-e of such condominiun unit shall- be'used and dlsbursed
by the Assocl-ation, as attorney-in-fact ' in the fol"Iowing order:
!t) Por payment of the balance of the lien of
any first mortgage;
(1i) For Paymeflt of taxes and special assess-
ments liens in favor of any assessl-ng en-
titY;
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(iii) For payment of unpaid conmon expenses;
(iv) For payment of junior liens ancl encum-
brances in the order of and to Ehe ex-
Eent of their PrioriiY; and
z ' (v) The balance remaining, if any, sha11 be
paid to the condominium unit owrl€x.
(e) If more Ehan fifty per cent of all of the condominium units, not
including 1and, are destroyed or danaged, and if the insurance proceeds
. . are insufficient to repair or re.construct, and if the oltners representing
. an aggtegat e ownership interest of sevenEy-five per cent, or morer of the
t
general conmon e1etrents, do not voluntarily, lrl-th in one hundred days
thereafter, rnake provisions for re construction r whi{, plan.must have the
ui! a$i6ous approval or consent of every first rlortgagee, the Assoclation
. shal1 forthrri.Eh recoril a notice seuting forCh such fact or facts' and upon
the recording of such notice by the Associatj.onrs presidenL and secreLaryt
. the entire -Jeoaining premises sha1l be sold by the Associationr as atforney-
:Il- in-iact, foi all of the owners, free ancl clear of the provisJ-ons contained'i
in this Declaration, the Map and the By-Laws. The j.nsurance settl-ement Pro-
.:l
ceeds sha11 be collected by Ehe Association, and such proceeds sha11 be divld-
ed by the Assoclation according to each conclomini.um unit onner's fracLional '
- interest (as sucb interests appear on the policy or policies), and such dlvld--
. ed proceeds shall be paid into nineteea separace accounts, each such account
epresenting one of Ehe conclominium units. Each such account shall- be in the
' name of the Association, and shal1 be furiher idenrified by the numbet of the
.aPalt|Dentunitan.llhenameoftheowner.FromeachsePafateaccount'Lhe
. Association, as aE torney-in-fact , sha1l forthwith use and disburse the toEal
amount (of each) of such accounts, wlthouE contrj.bution from one account to
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another, tor.'ard the partial or full payment of the lien of any firsc nort-
' gage against the condorninlum unit represented by such separace account.
: Thereafier, each such account shall be supplenented by the apportioned
aDount of the proceeds derived from the sale of the entire properEy. such
apportionrnent sha11 be based upon each condorninium unic ownerfs fractiooal
i-nterest in the general co non'elements. The total funils of each accormt
shall be used and disbursed, without contribution 'ftorn or,. account to
' another, by the Association, as at torney-in-fac t, for the 6ame purposea
and in the same order as i-s provided in srrbparagraph (d) (i) through (v)
of this paragraph. The prowisions conEained in this subparagraph sha1L
noE hinder the protection given to a first mortgagee under a nortgage
endorsenent.
(f) If nore than fifty per cent of all the condoninium units, not
including land, are destroyed or damaged, and the proceeds of insurance
are insufficient to repair or reconstruct, and if the owners represenElng
an eggregate fractional interest. of seventy-five per cent, or rnote, of
the general cormon eLements adopt a plan for reconstr ctl-on, which pLan
has the unanirnous approval of all first mortgagees, then a1l of the omers
shaLl be bound by the terms and other provisl.ons of such plan.. Any assess-
ment made 1n connectl.on with such plan shal1 be a common expense and made
Pro rata according to each omerts percentage interest l-n the general- comnon
elements and sha11 be due and payable as prowided by the terms of such plan,
but flot sooner than thirty days afcer written notice thereof. The Association
shall have fu11 authority, right and power, as at torney-in-fact, to cause the
repair or restoration of the inprovements using all of the insurance proceeds
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for such Purpose nontLEhstanding the failure of an owner to pay the assess-
ment. The assessrnenE provi'led for herein shall be a debt of each ovmer and
a lien on his condominium uniE and may be enforced and collected as is pro-
vided in paragraph 7' In addicion thereto' the Association' ds aEtorney-in-
fact, shal1 have the absolute right and Power to sel1 the condominium unlt
for any owner refusing or failing to pay such assessmenE etithln the tiroe pro-
vided, and, if not so paid, the Association shall cause Eo be recordecl a
noEice that the conitominium unit of the tlelinquent ormer shall be sold by the
Association. The proceeds clerived from sEle of such conclominiun unit shall
be used and disbursed by the Association, as attorney-in-facE ' for the sane
purpose and in the same order as is provicteil in subparagraph (d) (i) through
(v) of this ParagraPh '
(q) The owners rePtesenting an aggregate fractlonal interest of ninety
percentr or more' of the general- common elemenEs may agree thaE the conclo-
rriniun units are obsoletb and adopt a plan for the renewal and _Eecoflstruction
t
which plan has the unanimous approval of all first mortgagees' :rf a plan for
the renesal or re'cons Eruction is adopted' then the exPense 'rhereof shal'l be
payable by all- of the oetners as common expenses'
(h) The owners rePresenting an aggregate fractional l-nterest of ninety
Percent'ormoreofthegeneralcominonelementsnayagrebthatthecondominirrm
tmits are obsolete and that the same shaLl be sold' Such p1-an (agreement)
must have the unanimous approval of every firsE morEgagee' In such instancet
the Association shall forth\'tith record a noEice setting forEh such fact or
facts, and upon Ehe recording of such noEice by the Associatlonrs presJ'dent
and secreEary' the entire premises shall be sold by the Assoclation' as
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attorney-in-fact , for all of the owners, free and clear of che provlsions
contained in thls Declaration, the }lap and the By-Laws. The sales proceeds
sha1l be apportioned beEween the owners on the basis of each owner's frac-
tional interest in the general comnon elements, and such apporEioned pro-
ceeds sha1l be paid into nineteen seParate accountsr each such account reP-
resentlng one condominium unit. Each such account shall be in the name of
the Association, and shaLl be further identified by the number of the apart-
Eent and the name of the olrner. From each separate account r the Assoclationt
as alrorney-in-fact, sha11 use and disburde the toeal amount (of each) of
such accouatS, without contribution fron one account to anotherr for the same
purposes ancl in the same order as is provided in subparagraph (d) (1) thtough
(v) of this paragraph.
10. Condenn'ration.
(a) If the entire real properEy sha11 be taken for any public or quasi-
public ,.r"", .rrid"r iny statute, by right of eminent domal-n, or by purchase ln
l-ieu thereof, or if any part of any building covered by thls Declaratlon shalL
be so taken, or if any part of che land shall be so taken and the p+rt remal'n-
ing shall be insufficient for purposes of Lionrs Mane Phase II Condomlniums,
the Association (as attorney-in-fact for the owners) shal1 collect the award
made in such taking and shall sell the part of rhe land remainlng after the
taking, if any, free and clear of the provisions of this Declaration and the
map. such provisions shall whoL1y terninate and expire upon the recordi.ng of
a notice by the Association setting forth all of such facts. The avard and
the proceeds of such sa1e, if any, sha1l be col-1ected, applied and divided
among the owners by the Association in the manner provided in Paragraph 9 (e) '
f
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;
(t) If such raking shall be parEial on1y, if no part of any bulLd1ng
' shall be taken, and lf Ehe remaining Part of the land sha11 be sufficlent :
i for the purposes of the condominium, the Association (as at torney-in-fact
for the ow.ners) shal1 collect the ai.tard Eo that Purpose. ,tny part of the
award not requireil for such restoracion sha1l be divided by the Association
anong the owners in proportion to their resPective Percentage interescs in
the general cornnon elenents '
' tt. obligation of .the owners.
. (a) Assessments. Except as is otheqelse provide<l in the CorldorninJ,uo
DeclaraEion for Lion's Mane Phase 1I, a1-1 owners shall be obligated to pay
the nonthly assessments inposed by the Assoclatlon to nreeE the cofirnon ex-
penses. The assessurents shal.l be made Pro rata according to fractiorral"
interest in and to the general corrnon elelrents and sha11 be paid monthl.y
in advance. A nernber sha11 be deemed to be in good standlng and enrl'tl.ed
coi vote at any annual .or at a special meetlng of members, withirr the mean- ,; !
ingoftheseBy-Laws,i.f.,antlonlyif,hesba].]'havefullypaj.da].J-a,geees-
nenEs made or levied against him and the condorninium unit owned by hlur.
(b) Maintenance and RePair
(i) Every omer nrus E perf orm promptly ac hi's own expenee al1
maintenance and repair work within his own aPartment rmit whlch, if omltted"
wouldaffecttheprojectlnitsenEiretyorinpartbelongingtoother
owners .
(ri1 A11 the repairs of internal j-nstall-ations of che unit such
.
as ltater, 1ight, gasr power' sewager telephone, air: conditlonerst sanitary
install-ationg, doors, windows, electrlcal fj.xtures aDd aLl othet accegsoriegt
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]
equlpnent and fixtures, lncluding alr condLtionl,ng equlpment beLongl'ng Eo
' the unl-t area shal-l be a! Ehe owner's "*Ourr"".
(iii) An owner shall be obligated Eo reimburse the Associatlon
pronptly upon receipE of its statement for any expendiLures lncurred by
it in repairing or replacing any general or limited comnon el-enene damaged
by his negligence or by the negligence of his tenants or agenta.
(b) Mechanicts Ll-eq. Each ovaei agrees to indeurnify and to hold
each of the other oltners harnless from any and all clains of rnechanLcrg
lien fil-ed against other apartment units and the aPPurtenant general conmon
. elemeots for labor, materials, serv'ices or other Products lncorporateil in
the ownerrs air space unit. In the event suit for foreclosure ls commenced,
then wlthin nineEy days thereafter each ouner shall- be required to deposit'
with the Association cash or negotiable securi-ties equal to the amount of
such claim p1-us interest for. one year together wiCh the sum of One Hundred
DoLLars. Such sum oi "..rlriiies sha1l be held by Ehe Association pending
final adjudication or settlement of the claim or l-itigatlon. Disbursernent
'jof such funds or:proceeds shall be made by Lhe Association.to lnbure pay-
Dent of or on account of such ftnal judgment or settlenenE. Any deficiency
sha1l be paid forthwith by the subject owner' and hls failure to so Pay
shaLl- enticle the Association to make such payment, and the amount thereof
shall be a debt of the owner and a lien against his condominiurn unit, v7hl. ch
nay be foreclosed as is provLded in paragraph 7 of this Decleralion.
(d) U.se of Unlts - Internal Changes.
(i) A11 units lrrall be utilized for residential purposes only'
(ii) An owner shall not nake structural modifications or altera-
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' tions to hls unlt or installations located tlrereln \4tiEhout prevlously
' notifying the Assoclatlon in writing through thb Managing Agent' or if
.; no Managing Agent is employed, then through the President of the Board
of Direclors, The AssociaEion sha1l have the obligation to answer
erithin ten days after such notice, and failure to do so wiEhin such
tine shal1 mean thaE Ehere is no objecrion co the proposed rnodifica-
tions.
' (e) Use of General Common Elernents. and Lirnitgd Common Elenrenis.
Each owner oay use the general commoo eleTenEa and the limlced conmon
elements in accordance rrti th the purpose for which they were intended
without hindering or eneroaching upon the l-awful rights of the other
.
ol.Jners.
(f) Risht of Entry.
(i) An owner sha1l grant the right of entry to Ehe Managingi ' ,r
I Agent or to any other person authorl.zed: by the Board of Directcirs in
case of any emergency orlginating in or threatenlng his uniE, whether
the orner ls present at the tine oq noE.
(fi) An owner shal1 pernit oEher owners ' or their rePresen-
tatives, uhen so required, Eo enLer his unit for the purPose of per-
forning installations, alterations or repairs to the mechanical or
e1ectrical services, provided that requests for entry are made in ad-
vance and that such entry is at a time convenlent to the owner. In
case of an emergency such right of entry shal,l be iumediate.
(g) Rules and Regulations.
(1) No owner or resident of the Building shalL post any
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adverElsernentr or posEers of any kind ln or on Ehe projecc except as author-
ized by the Association or its Management Agent.
(ii) owners and occupants of air space units sharl exercise extreme
care to ",void making or perrnitting to be made loud or objectionable noises,
and in using or playing or permitting to be used or played, musical. insrru-
ments, radios, phonographs, television sets, amplifiers and any oEher instru-
ments or devices in such manner as may disturb or tend to disturb o\rners,
tenants or other occupants of condorntniurn units.
(iii) rt is prohlbited to hang garoents, rugs, and other materlaLs
from the windows or from any of the facades of the project.
'(iv) It is prohibited to dust ruge or other materlals froo the vindows,
or to clean rugs by beating on the exterior part of the project.
(v) rE is prohibited ro throw garbage or rrash outelde rhe dispoaal Ln-
stallations provided for such p\rrposes.
(vi) Pets, such as dogs, shal1 at all times be under; rhe physical or
:actual control of their masLer.
(vlr) Boats, trailers and campers shal1 not be parked on outeide park-
Lng spaces for more than 48 hours at any time.
(viii) Waste, garbage, and debris sha11 be deposited on1-y Ln such re-
tainers as may be provided from time to time.
(1x) No owner, resident or leasee sha1l install wiring for erectrical
or telephone installatlon, television antennae, machines or air conditlonlng
units on the exterior of the Building or that protrude through the wal-ls or
the roof of the Building excepE as expressry authorlzed by the Association.
(x) owne rs and guests sha1l conform to such swimrning pool rules as are
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. posted on the property frorn time to time.
. The Board of Dlrectors or the Managing Agent reserves the potter to
. establish, nake and enforce compliance with such additional house rules as
uray be necessary for the operation, use and occupancy of this condominiun
ptoj""t v/ith the right to amend same from time to Eime.
(h) DesEruction or 0bsolescence. Each owner shall, upon becornlng an
owner of a condominium unlt, execute a Polter of atEorney in favOr of the
' Assoclation, irrevocably appointing the Association his attorney-in-fact
to deal with the ovmerts condominiun unit ppon its destruction or obsoles-
. cence as is provided in paragraph 9.
12. Miscellaneous Provisions
(.) Res qrjqli\te- levggenlg. Any restricEive covenants heretofore
filecl for record on the "property'r by Eagle County Developmenu Conpany
are recognized as valid and beneficial to Declarant and olinets, and the
sarne "re i"pecifically incorporated herein. .l
/(b). Personal Propertv.- A11 items of personal Property located on
the property arid o*r,e d by Declarant shal1 be transfer."a^ty bl11 of sale
to the As-sociation prior to the first conveyance by Declarant to any oltner.
The Association nay acquire and hoi-d for the benefit of the condourinluu
owners, tangible and intangible persona3. property and may dispose of the
s aure by sal-e or otherwise, and the beneficial interest in such PersolraL
property shall be ov.ned by. the condominlum owners in the'same pfoportion
as their respecEive interests in the general comrnon elernents and sha11 not
be transferable except with a transfer of a condomj.nium unit. A transfer
of a condoniniun unit shall transfer to the transferee ovmershl-p of the
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traneferorfs beneficlal interesE in such personal proPerty. Each owner may
use such personal properEy in accordance with the purpose for which Lt ls
intended, rrithout hindering or encroaching upon the Lawful rlghts of the
oLher olrners. Sale of a condominium under foreclosure shall- thereby en-
tiEl_e the purchaser to the beneficiaL interest in the. personal ProperEy
associated with Ehe foreclosed condominium unit.
(c) Servlce of Official Notices. Each or^rner shall register his
mailing address r'rith the AssociaEion and except for uronthly statements
and other routine notices, all other noticres or demands lntended to be
served upon an ow-ner sha11 be sent by elther registered or certified na1l,
postage pre-paid, addressed in the nanre of the ollTrer at such registered
nailing address. A11 noLices, demands or oLher notices inEended to be
served upon the Board of Directors of the AssociaEion or the Assocl-atlon
shall be senE by certified mai1, postage prepaid, to Michael E. Dawson'
P. Oj Box 467, vaj.L, col.oritlo 81657, untll- such address Ls changed by a
notice of address change duly recorded.
(d) Amendnent.land &eypqel!-qn. This Declaration sha11 not be revoked
nor shal1 any of the provisions herein be arnended unless sevenEy-five Per-
cent, or more, of the owners representing an aggregate ownershlp Lnterest
in the general cornmon elements and aLL of the holders of any recorded
aortgage or deed of trus! covering or affecting any or all- condominl.um
units unanimously consent and agree to such revocation or amendnent by in-
.stru enE(s) duly recorded; provided, however, that the percentage of the
undivided interest in the general common el.ements alPurtnn.rnt to each
apartbent unit, as expressed in thj.s Declaration, shal'1 have a Permanent
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character and shall noE be altered wlthout the consent of al1 of the con-
dominiurn unit owners as expressed in a duly recorded arnendraent to this
Decl aration
(e) Language Variation. That whenever used herein, unless the con-
text shall- otherrise prorride, the singular number shall include the pIural'
the plural ihe slngular, and the use of any gender shal1 incLude all gen-
ders as may conform to circunstances.
(f) Severability. If any of the provisions of thls Declaration or
any paragraph, sentence, clause, phrase 9a1word1 or the application thereof
in any circurastance be invalidated, such invalidity shal-l- not affect the
validity of che remainder of this Deelaration, and the application of any
such provision, paragraph, sentence, cLause, phrase or word in any other
clrcutrstances shall not be affected thereby.
iJ IN WITNESS WI]EREOF,
executed. this Declaration
Declarant. , by its
this ,1|oil a^y ot
corporate officers, hae' dulY
''/'/rnrrt , rs74._-_7.-
MOIJNTAIN PROPERTIES LI}IITED
g,EE President
..,' -;:f-,. :.-.-.- i. v! \lL[ ^V"By
:
'I
I
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)) ss.
)
stas
by
aeknowletlsedf\-
before me thLs
l--, I I
L/t
o cbiorado corporation.
4.4 fir7
t.
Secretary
.. !l.-,t
:.
I
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:
:
I
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l
. CONDO},IINIUM DDCLARATION FOR
irrrrs - SC}IEDULE A
Area and Percentage of Total for
AREA
Association Assessment purposes
PERCENTAGE OF TOTAL
Unit 1
2
J
4
5
6
7
I
t
10
II
!l
{2,i
2L
22
23
24
25
26
27
Parking
rlAlr
rtBr
$C rr
,REVISED
TOTAL
- L,273.62 sq.
- 529.70 sq..
- 512.32 sq.
- 5I2.32 sg.
- 529.70 sq.
- ,, 529.70 sq.
' 512.32 sq.
-.i 5r2 - 32 sq.
- 529.70 sq.
529.70 sq.
- 512.32 sq.
- 1,503.42 sq.
- 1t273.62 sq.
- 1 ,083 .55 sq.
- I,083.56 sq.
- 1,083.56 sq.
- 1,083.56 sq.
- 1,083.55 sg.
- I,273.52 sq.
Space
275.14 sq.
280.81- sq.
292.97 sq.
ft.
ft.
f+
ft.
ft.
JE*
.E&
fr.
fr.
fr.
fr.
fr.
fu.
fr.
ft.
€r
fr.
fr.
ft.
g!
ft.
ft.
7.581
3 .153
3.049
3.049
3.I53
3.1s3
3 .049
3.049
3.153
3.153
3.049
8.949
7.58I
6.449
6 .449
6 .449
6.449
6 .449
7 .581
16r801.10 sq. ft.
1.638
r.671
L.7 44
100.000$ TO?Ar,
t
f,I -l
la
C.)lAgn
?s
cI(
U'{ii rnIii B'iri I:c)(.! | .r -r-l
i ocl+ c)o\: C: i-t 7.asi3::(]'no
5' .*li4. vt;t c''
:l
tr)-J
aY
-l(D
(D
a
ttf:ls\
! \rJ
-**oc)
3:€
I;NR
; T\ $oN"-, \"
IraN
s\l
i 3l
:--'it
'i