HomeMy WebLinkAboutVAIL HEIGHTS FILING 1 TRACT A LEGALQrrcstions? Call ri,: Pirnning Strl'i ar '119'
,u,ft n'rroN lroI{ I'r,ANNI NG rrNo il,1 noNNt ItNTAt-
COMI\I ISJS I ON N I'I'ROVAI,'
TltyN }li vAru
CIN[XALINTORMAT.IAN
'l'his allplicalion is for any projcct rcquiring approval by thc Pliurnirrg ancl Ilnvironntcntal Cornnrission. For spccific
infolrrration, scc thc sutlnrittal rcquircnrcnls for thc parlicullr approval thirl is rcqrrcstcd. 'I hc applicatiotr can not bc
ncocptc(l until all rcquircd infornration is subrrritrcd. 'l'hc pro.icct rrry also nccd to bc rcvicrvcd by thc Torvrr Council
lrrd/or llrc Dcsigrr Rcvicrv Boartl.
N. TYPI] OF AI'PLICA'IION:
n Additional GRI;A (250)
l--l llcd arrd BrcaL-fir-st
n Conditiorral lsc I'clrnit
n Maiol crr MMinor Subdivision
n l{czon ing
n Sign Variancc
tl Viriancc
n Zoning Codc Anrcndnrcnt
Il.DESCRTP'f rON OF'r'l rE REQUES1':
lv'.ert*ttar:
n Arrtcndrtrcnt to an Approvcd Dcvclopnrcnt Plan
tr Iimploycc I'lou.sing Unit ('Iypc: _-)
n Mlior or D Minor CCI Extcrior Altcration
(VailVillagc) ' ( ;n Mirjor or D Minor CCII llxtcrior Altcration
(l-ionshcad)
Spccial Dcvclopnrcnt District
Maior or E Minor Anrcrrdnrcnt to an SDD
u
n
cl.
D,
VAIL, COLORADO 8165?.
For Office Use Only:
FecPaid: )19O* cwt: / 3a ? sy.
Application Oat": 6''/d - 92 PEC Mccting Datc:
.H.
i'Rcvi..cd 6D6
ADDt\r:sst 2339 AArloN;L lA)€
-BUrr-DrNcNAMri: ---lth-- i' t'tZ.ONINCi: 4S
N^MUof owNDR(sl, Qorcrn D. llnrun-,
MAII-ING ADDR[SS
I;. OWNIIR(S) SIGNA'I'URE(S):
G,NAME OF REPRESENTATIVE:
FEE . SEE TFIE SUBMiTTAL REQUIREMENTS FOR THE APPROPRIATE FEE.
SUBMIT TTIIS APPLICATION, ALI, SUBMTTTAL REQUIREMENTS AND THE FEE TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT,75 SOUTH FRONTAGE ROAD,
I'I.IONI]:
MAILINC ADDITESS:
TO:
FROM:
DATE:
SUBJECT:
Planning and Environmental Commission
Community Development Department
July 14,1997
!O*. lorfp*e
rrruoro*o#o To,,*|.
&o
A request for a minor subdivision amending fie location of the previously
approved buitding
"nu"rortr;i-nc
roirinJi,L*.ted at 2339 Chamonix Lane/ Tract
A, Vail Heights, Filing r .ii .i'Jnii"tt"o iatcet in srz' sE 1/4' Sec' 11' Tss'
R81W, Town of Vait, e"gi.-dlnti, ciigtiog. A more complete legal description
is avaiiabte at the Officebf Community Development'
Applicant: Robert Hunter, represented by Rick Rosen
Pidnner: George Ruther
DESCRIPTION OF THE REOUEST
According to the apPlicant, the
(12l16/96)
a analysis
the of the buildi on Lot 2. The
-
-
A coov of the proposed subdivision and a copy of the memorandum from the staff to the PEC
dateb'Decem6er'16, 1996, has been anached for reference'
II. ZONING ANALYSIS
Approval 12116/96 Proposal 714197
proF
new
LOT 1
Total Lot Area: 26,661 sq. ft
Building Envelope: 6,256 sq. ft.
Total Allowable GRFA-: 5,766 sq. ft
LOT 2
22,1Msq.ft.
6,209 sq. ft.
5,314 sq. ft.
67rn
LOT 1
26,669 sq. ft
6,256 sq. tt.
5,767 sq. ft
LOT 2
22,136 sq. fi.
5,037 sq. tfr
5,314 sq. ft.
nel
, represented bY Rick Rosen' is
+l_8{
Yn.il
Total Allowable
Site Coverage:
(15,000 sq. ft. of
Buildable Area):
Does the lot meet
the size/shaPe
requiremenl of
80'x 80'?
20"h or 5,332 sq. ft.
26,661 sq. ft.
20 o/o at 4,428 sq. ft.
22,144.1 sq.ft.
20 % or 5,334 sq. ft.
26,669 sq. ft.
2O1" or 4,427 sq.lt
22,136 sq. ft.
yesyesyos
Includes two 425 sq. ft. credits (850 sq. ft') of GRFA for allowable dwelling units
III. MINOR SUBDIVISION CRITERIA
one of the basic premises of subdivision regulatio-ns is that the minimum standards for the
creation of a new tot must-Oe;"t. ihi; proiect will bsreviewed under the Minor Subdivision
Criteria, pursuant to Cnajtei f 7, SuOOivi'sioir negutations, of the Town of Vail Municipal Code'
The first set of review criteria to be considsred by the Planning and Environmental
GommissionforaMinorSubdivisionApplicationareasfollows:
A. Lol Area - The Town ol Vail Municipal code indicates that the minimum lot or site
area for a tot tocated within the pririiry/Secondary Residential zone District, shall
be TS,OOO iq. tt.lb-.ia+ "ire)
of builda'bp area. The Municipal Code defines
"buildable area'as,
"anysite,lot,parceloranyportionthereof'whichdoesnotcontain
o"rign"ll[iiJodpr"in, *r'ri"rard avatanche, or areas in excess ot 4f/"
sloPe."
Asproposed,thebuildableareasofLotsland2are26'661sq'ft'(0'612acre)
and22,1ii-;;.tt.io.soa acre), respectivety. This is well above the minimum
15,000 squard feet required by the Municipal Code'
B.Frontage-TheVai|Municipa|Coderequiresthal]otsinthe,Primary/Se9!.l.dary
Residential Zone District nave a minimum street frontage of thirty-feet (30')' On
oecemoei G, r sge, the pEC approved a variance allowing the for Lot 1 to be
platted w1h a'street frontage of
'l6ss than thirty-leet (00')..^f^ne current proposal
continues to indicate streei frontage less than thirty-feet (30')'
c. site Dimensions - The Vail Municipal code requires that each lot be of a size and
snapecapanreotenc|osingasquarearea,S0feetoneachside,withinits
boundaries. The current request continues to create two lots of the size and
shape necessary to enclose a square area, 80' on each side, within its new
boundaries.
The second set of criteria to be considered with a minor subdivision request are as
outlined in the subdivision regulations:
Thestaff'sresponsetothesecondsetofreview.criteriais-unchang:gJ1"^iil?^5":::i:Ip::l"rf;l"t""HH#'"#:'ild;,Hdfi;';X;il;;iiit"iii*e'
-t"
r9v19wln-o-!!! 919lilq':P3sar' staff
was concerned with any iliid;ft;;;;b".nr"nts into rhe geotogictrazardi...lgjrllSi^2;
icant has amended the restrict
Please refer to Section lV of the attached staff memorandum for more details on the staff'S
response to each of the review criteria'
IV. STAFF RECOITIMENDATION
ThecommunityDeve|opmentDepartmentrecommendsapprova|oltheminor
subdivision of fraci R
"liO "n
,npianed parcel of property-gilnerally located north of Lots
a inO S, Vair Heig-his, Fiii"g t'lo. i. Stait believei thb applicant's prop^osal.meets th.e
necessary rinOingi ll outli;ed in Section lll of this memorandum and Section lV of the
December 16, 1996 memorandum.
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Town of Vail Community Development Dept.
c/o George Ruther
75 South Frontage Road
VailCO 81657
Date: June 16, 1996
RE: Request for Minor Subdivision (Amend previously approved plat)
Tract A, Vail Heights, Filing I
Robert D. Hunter is requesting the following items:
1, Extension of the north lot line of Lot 2 approximately 30 feet to intersect with west
boundary of Tall Pines Subdivision (the area gained is approximately 2,900 sq.ft.)
2. Extend the west boundary line of building envelope on Lot 2 approximately 15 feet
to the west
3. Eliminate that portion of building envelope on Lot 2 which is located within the
debris flow hazard.
4. Modify the northeast property line (108.41 foot segment) in such a way as to
decrease the land area of Lot 2 by the same amount as the expansion outlined in #1
above (approximately 2,900 sq.ft.).
Site Gharacteristics:
The property is made up of two parcels - Tract A, and the main unplatted tract. Tract
A's southern boundary is about 51 feet of frontage along Chamonix Lane to the main
unplatted one acre tract.
Brandywine Trace, a condominium fourplex, borders Tract A to the west, and Pine
Ridge Townhouses form the boundary to the east of Tract A. The main unplatted
portion of the property is nearly square in shape and has dimensions that approximate
218 feet by 200 feet, or 43,560 square feet, as recorded. The unplatted rract is
bordered on the west by the Garmish rownhouses and on the north by BLM land.
Vacant Land and the Pine Ridge Townhouses form the eastern boundary of the
Unplatted Tract, and the Tentenace Condominiums, the Brandywine Trace and Tract
A form the southern boundary of the Unplatted Tract.
Description of Request:
Upon review of a drainage and grading plan, dated May 1, 1997, from Intermountain
Engineering (see attached plan), the applicant determined that approximately 307o of
the building envelope for Lot 2, Tall Pines Subdivision, was eliminated due to a
drainage feature required to handle the 1O0-year flood flow potential on this property. A
local architect, david Peel, was hired to determine whether a primary-secondary
structure (2,200 sq.ft. and 2,400 sq.ft.) could be accomodate on the reduced building
envelope. lt was determined that the reuction in buildable area caused by the drainage
feature severely limited the architectural possibilies on the remaining building
envelope. Thus the applicant is requesting to extend the north property line of Lot 2 to
the west approximately 30 feet (thus allowing for a 15 foot western expansion of the
building envelope. To accomodate access to Lot 1, the area of lot expansion would be
designated as an acess and utility easement. In order to maintain the originally
approved lot sizes and GRFA allowances in each lot, the applicant will reduce the size
of Lot 2 by an amount equal to the expansion area. This is accomplished by modiffing
northeast boundary line to connect at a more southerly point along the east boundary
of the property (refer to new site plan attached). The applicant shall remove all building
envelope area located within the debriis flow area shown, thus no future development
shall occur in the debris flow zone.
9e:5ePl1 sTG IZOIH L -- -r
o'clock _ M.,
l,aorrlrr.
WARRANTY DEED
m S DIGD, Mrlc rtrir 13 Lh rtry of December
bctrGe! BenJanin Cheang
iod Sl{ac ol' Co lorado
19 95,
d yot Decehber ,19 95 .Iy
ufiisid,rcnl.
'' Nohry PC. Richtcr
ot lhc County of Eagle
5rrnor. uxl Robatt D, HunLer
Deceniber 13
wDor.IcSd rddre. t it 2239 Chamonix Lanc. Vail. Coloredo B1G57
trf rh County of Eagle :urlshtc of Colorade . crr|ltco:lrylfiEssgifi' llul uti gr.utor, for axt i , .o".i.ii,ii.ii, ii rri"-turn or ,iwo xuif6ii'iu .rHousAND ,rNDxo/100------
__-__.DOLLAnS.(S20o.go0.oo ).
|lte |!cdF |t|d ruftrcirncy oI which is bcrrby ncknowlcdgc{, [nr glanltrt. ]nrgained, rold {nd sutv,}ycd. rntt Dy urc*u p13:q66
dogr 8r tt, bargrin, scll convey rnd conlirn, urtr! lbc grrnrec, hrr hcin ud af:igns.forcvu, dl tlrc reul proputy todcther with
il|rpmr,tlElotrr lf y, riiru.t€, lyin6 o||d bciog ill lbe county of Eaglc , orrtl skte o[ colorado.
dgcllbld rr follovr;
SEE IEE ATrACIIED EtrIIIDIT ''A"
rlro lnoru by rtrcEt md nurnbc. !s 2219 Chanonix Lane, ValI. Coloraclo glGS?
fOGElilEn wi|h all arnl singulu ura hctcdihnrou tnd rt garrtcxmc?s thsrrnnto bctongrn& or in anywig nppcrtjuins rd
dra ravutita ud rcvcrsions, remdrdcr lnd !.mahders. ,cnts. irsue, xl llofiB tercof, lxl rll tlrc estatc, ,i8bt, tittc. irttcrErt,
chim rod dcorod rh .rocvcr of fte grrntur, cirhcr in law or crluity. ol, itt atxl lo rho obovc be|grinr,rl prctni$cr, willt tbc
hcrrditurntr rrxl rpFrrtcollcr.
llt tfAYB AND TO HOIJ, tbc rrru pl.mis€r lbovu birgninod irxt rlorcribctl. witlr thc {rpotlcnruccr., olro th? g,l irnt€c, hir
lnirr md rr*ilnr fo$vtt'. At|d (be tronlof, lbr hirnsclt, lrir bci]t onrl Jr:rrourl rcprurcrtbrivcr. (lors cov0trrnt, gmnL brrgdu and
rSrcr b url vjur ahc Brrnluc. ldr l.tr rtd .srilars. lbot rl thu tirn€ oI rhr sOrcding ind dclivo|y g[ thc<r pratrcnrr, hr is l,s]lrd{ ol tlr ;nomircr nlrovo cotrvcyad, bnr goorJ. run. pcrlocr. irbrot{tr ! l iuthfcasilrlc .rtulc of iubctitimc$, hr l.w, irlftt dttPh. txl h|r Sood ri8bl, lull Jrowr:r url lawful rulltor ity ro grutl. barg.in, scll rrxl colvcy t6 rgng 1q,n",*r,rr nnd lotfi|l fglrail |od lh$ dr€ l&nrl rnt liq: rod claar frum nll t'orncr'iurrl olhsr gt$rk, berg..inr, rrlcs, licnr, tursf,, xrrasrtl$lrLi.
lncu6bra0(ra rlal tat[iCliont l,f lPbdsy3r hlld or rturc roever. crcupt lor luq lor thc Gurrut yGrr, ! lisn l^rt not tcr atuc
ur pyrDL, rrrncUr, rcrklctlou3, trsat"tllons, rorlnontr rnd rlghL-of-wrt ol rccurd, lf rnr, .
Tbc gnmr Se[ |nd will IYAIU(ANT AND FOREVER DEFEND thc ,bovc-lrorgdncrl prurniscs iu thc quicr qtd pcaccrbls prr<ss.
tior of &! 8r{|tss. bir hcir* rnd .sr.iln , l3|intt.ll tnd cvrry pctroo or lcrom lawfuuy cldmiot thg wlnlc or mt p.ut tl|.leof.
Tbc ringolr nuubcr rhrll hrcludc tb! plurtl, thc plupl thc siugulor, rnd rhc urc ot ouy gcnder sha bc applisrblc to all gcndc$
lN WIINES$ IVIIERDOF. tlrc gr.nror l|r .rc€utcd rbar dood on th; dlt€ rcr fodh rboE.
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DEC 13 ',:r @Z:53PN STG I
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a EIf,IBIT A
.PARGBL A:
'A.Errcc o! lanil locatod ln the Sqrsh on!-brlt. (S1/2, o! the Ssuthea:t
oo.-quarEor (S81/f ) ,ot SccFiou U, tort|sbip 5 SouEh. nrnEr 01 w.sE of
Ebr SinEh Prlnctpal gctidlan, rpri gtrEtcqlarly dcrclibcd,ae follore:
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TOWN OF VAIL RECEITT
DF,PARTI\IE:\T OF CO}T ]II UN|ITI' DE\T-LOPIIIE}iT
DATE ,22
. C'IECXS IttADE PAIAXLE T(} TO\\T{ OT- \'AI1.
' tlr,.rt .- '- No. - -' 'r^x- _i- goyIf, . '' 'IIITAL
0 0000 41540 ZONING NND ADDRESS MAPS s5.00
0 0000 424 5 UNII-ORI\4 IIU I LDI NC CODE s54.00
U oo00 424 )UNIFORM PLUMBINC CODD s39.00
0 oooo 424 5 UN I FORN,I I\,I ECI IAN I CAIIOD-$17.o0
0 ooo0 424 UNIFORN,I FIRI] CODE s36.00I (r u)00 424 t NATIONAL ELECTRICN L CODE sJ 7.00
0 oo00 424 5 Ollll:l{ CODIi IIOOKS
rl 0 ooo0 4 t5.uJ BLUE PRINTS (MYI-^NS]s 7.00
0 ooo0 424 2 XLI(OX COI}IIJS s0.25
0 ooo0 424 5 STUDII]S
0 oo00 424 'IOV Fl:liS COM PUTIIR PROCRAM $ ).u0
0 0000 42i71 P}:NN LTY FEI]S / REJ}.ISPEETIO
0 oo00 413J2 PL^N Rljvll:w RII-C[ll-CK FI:D tS40 PI]R IIR.I H
0 0000 423J2 OFF IIOURS INSPIjCTION FI]ES
0 0000 4 l4 t2 CONTII.ACTORS l-lCl :NSliS FH:S l'+t
il o 00004t4tl SIGN N PI'I-IC'ATION FEI:s20.00
irl o oo00 4l4ll n DDITTONAL StC;Nn(;E FDlt [St.00 pER SQ.FT.l
iLg 0000 42440 /TC n RT l)ROJI:C'T DONATION
oo00 4 t-1-r I PIl.l: Pn ll) Dl:Sl(lN RI:VIIiW IlOn RD Fllll
oo00 423 7 |I NV I:S T I(i ATI ()N l- lj lr ( llu ILDIN(; )
3 t oo00 451 .IOV PN RKING I.'UNI)W
0 oo00 22027 TOV NI]WSPN PI]R DISPIJNSLR F'UNDr 0t 0000 2l t2 TAXAIILE (o) 4 .54 (srATE)* 0l 0000 41010 TAXABLE (a) 4 .02 (TowNJ
0 0000 42171 I}UILDINGINVI]STIGM
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fTrC API'LICA'I'ION FEES
|lrqol@q@lT-l s200.00
0 oo00 413t0 ONDITIONAL USU PLRMIT 5200.00
o ooo0 4 1330 ljxrrjRroR ALTERATION TLESS TttAN 100 SQ.FT.I s200.00
0 ooo0 4 l3i0 EXTERIOR ALTERATION tMORb TITAN IOO SQ.FT.'I s500.00
0 0000 413i0 SPECIN L DEVELOPI\,I ENT DW s I .500.00 t;-
0 0000 41330 SPECIALDEVELOPMENTDISTRICT TMAJOR AMEND s I,000.00
0l SPI]CIAL DEVELOPMI]NTrc s200.00<tTt I ITJBDIVISION
TLERIN NCE s250.00 za*
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0 0000 41330 ZONING CODE AMENDMENTS s250.00
0 0000 413_10 RE. ZONINC s200.00
OTIIER
OTHER rc
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TGKIN OF IJCIIL
tlisctllrrq.is Cdl
(M-17-97 1l:54:32
Receipt * ?.26tA2
Acco.mt * CK ll l3&9
gllSDEH IIS\s{-EDIUil;; ?erdered zs,s'w
lrrr Prid t*urt Peid
s16B@4t3sg@s 250'ffi'
Change returned
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cwsnuqnq tr A y 4tpRow tNrs otr Lot ? ItiAr hru tuptot tNto tHFaeartts, no* zttt sHAu RtoutRt wrtrtu ,tprnovi[ b; iri iory 'd
ullll t a str spacmc tN'tNNttFtNc tuo urnc,tnw tutLisri iin-'sl6tl lrPRoEHtN ts.
a.t+a ,. d.tta. ta F a.tt 6^*.
-
a- F. .!r ald r ia vr'4Fqtpta**a.*
Etpnoogo Das&. EuvrtoPr-
UNPLA TlED
lrests ot etmwesl
QAP t5 NO 1551
LOr 4
FIL|NG NO. I
11l arviliat? It nll .a,,, rlt( stt/f tv \tt n\w tl
twpo 5za' &ola'*/4uu
tdlo a4 55 tAC ON tit ,,,4 ,/
,nAty$ytQ PAO ff e 45 :ta,.t
gHAMoNtx. w (50'),
FlNrlL PL,
TA LL
rRACT A, I
st/2 oF n
rOWN OF
1.Ot 5
- l tooro*^, tt)rAnftr NuXtql E OI FatS.llt't 4ttt)(EAn' AVAI.^/(rtt r.uFa
' - <t<:; -;; -:;i'i-,i.i),, *z,ao
qt,.{ir"l"4
81 J1 ;
\ li\fl+.\ vacqiE Tl'u
)-ttu&tu*)
l0F SrDG
', Pt a1P'*'ttt uu I gr.rvn^lr
\,,cccrs-s- i'r',a,",,,,r
tAsfutN r - _.-\
' tr 8t t5 t9L-\ '
a.,.-- \'\| \
$l'l Lor 2
,"f i2 t.t.t touaR( tltl
,,,itit{::
A!,C|SS * Ll llr IASLM(NI
h^ofl
.aqatF.-'aaat-*trt a-.i1, -r! 4.. r. irr atl-aF a-..- ''*,,{ttrL
I.:,U_ .1, j!_ru LlL'. _,Lri tl
t
It.L|I Iri\ | |iLr{r_l
--rgun I. MEARS, P.8.,INC'
Nanual llazuds Consulmnts
555 CountY Rord 16
Gumiloq Cololrdo Cl230
TcUFer: 97G64t-3?16
artncar Crmil aom
IU I J , U.J ' tri..rb-.., , i-.UI
l)ocembcr3. 1996
Llr, Grcg Amsden
ADF R€OI ESIdE
TheWnn, Suiteill12
S0oSodh Fmniage Road Ees{
Vail. GO 8'1057
vir FaxOTGaT$0$A
Dearl/lr. Amsden:
Asrpquestedby'oua]dRiG[Ros€n,Ihrvereviewe<t.aitep|angndagradjmdanofth.pd;;it
"t'pfres
suuOiviiioni"'Viii.-gom dte and grdfio derpvelgdet?d.'11,1s/00''
ini Atrngct to lhesc plsns oould lrwalhislo the p'timlnary conclusionc of Inis letler'
ln readtino lhos€ ConclusiOns I rclie(l upon p'lvious experienCc in the Veil area. includinC dired
ou*raifu or fte 10!l debris llovY tist ov'enan thc erslom portiond lhe pmposerl
g,.,frOfufon. | .lio t1qrlewed en ipdf, f eCa St dy of the ?Ecfimelzto PmFfty' I comdcled fof
RldrRcen.
DEBRISFLOWS
EuiHin0 cwclopo 'A,' rs siowtl on your d.nr. lics oompletety rost ol thc delris-flow at!|'
oonsoq-r"nffl sliouH trqulre no spedet OiUdanow miliodlon' Thc c.Cem tE of Building
;;iF.* F |oo"t.o'*ittrin ttti aoris no* rer fld rrould rcquire mltioetion if-hdtt upon; the
g3sieri Zn bf crwclope 'B' ii outsadc th? dlbtis tlouv e13e l1d FquitEs no m1h.lion.
R(rcKFAtI.
Ar.cofltingto your plms, bdh tuierino onvelopc'A'^rnd 'B' s|l Frfistly expossd lo'medium
*riritf-.".titrn a'r"ae is OeqOndad- ln r lgAt dudy commirsioncd by thc T-gwn of Vril.
t{ffirif, .ocomhg to my sfuO-i of
-f.ptil.
f g02, wttid msdclcd mct|ellpaentol
'n
greslcf delail
lh.rn thG ieAf Vrit tuOy,'roctr,irr *U nA crdr bulldim lr'eloQ! '8,' tt t1, trwevcr. r€adl
envclopc 'A' durtng exlicme condilLttts' Eccewc olwolopl W ls st uG 9'(ttq€ lowsr llmi ol
o*friiporenner, e-nergb or dlhs 1oct3 rouH bc smalllhus mfi.o.3o" lg-qPIl-rnv bulldlno
nould bi mtnor. Rockialt mnfianon oould pro66qy bc aahhycd with modilicCktn ot th! lomr
porfiOne ol builllng walls, srnoit nerm conslrudirn'uphlll Of the bulHlrn, or toclfell fencts'
As I notsd tbove, a Site inspcction is roqulreil to retine tt|csc p|Bliminsry corduslon! rml to'eiineslni;itigdbn
tn gicrtrr dcteit. &f6lng eflgopct shgu6 bc msttcd on lh. erou.d
pniifo I ii" insie6lon, fni prplim6ry conctislor of thts lctlcr ate conlinqenl upon stldl I
ifuOy. ilees" conUa mc if you nould likc to pfoc.€d tfith thls.c5nlonel rtod(.
Slncefllt,
0w^4(ilt,w
Arthur l. ilc;ers. P.E.
Avcen tre-cofltml erpincor
Itlrts tt,artiat. Avfuiclzt I Awlorrta Coalnl F',-tltt,..rtt
TOTNL P.OI
COMUITMENT
SCHEDULE A (contlnued)
PIat. id No.
Order No. 3l\726 -C
5. The land referred to in the ConnLtneng La covering the land ln the State ofColorado, County of Eagle , descrlbed ae followg:
PARCEI, A:
A tract of fand locaE.ed in the Sout.h one-ha1f (S1/2) of the Southeastone-quarter (SEl"/4) of Section 11, Township 5 South, Range 81 West of
t.he Sixth Princj.pal meridian, more parE.icularly described as follows:
Begi-nning aE t.he Northeast corner of the SouEhwesE one-quart.er (SW1/4)
of the Southeast one-quarter (S81,/4) of said SecEion 1l;
t.hence WesEerly along Ehe Northerly Iine of said Southwest one-quarter(Swl-/4) of the Southeast one-quarrer (SEr/4) bearing South 86o20,
West. a distance of 167.80 feet to a point,
t.hence Southerly along a line 15?.80 feet distant from and parallel t.othe EasE fine of said SouthwesE. one-quarter (SWL/4) of the SouEheastone-quarter (SEL/4'), a distance of 200.00 feer to a point,
thence Easterly a distance of l-62.80 feet along a line 200.00 feet
disE.ant from and para11e1 to the North line of said Southwest
one-quarter (SW1/i4) of the Sout.heasc one-quarter (SE1/4) to a point on
il-c E'-aaF Iina.
thence Easterly on a line parallel to Ehe North line of the Southwestone-quarter (SWL/4) of the Southeast one-quarter (SE1,/4) of section11, a distance of 50.95 feeE to a point;
thence Northerly and paralIeI wiEh the West line of the East one-half(EL/2) of the Sout.heasc one-quarter (SEr/4) of said Secrion t-1, a
distance of 200.00 feet to t.he point of int.ersecEion wit.h the
extension of t.he North line of t.he Southwest one-quarter (SW1/4) ofthe Soucheast one-quarter (SE1/4) of said Section 11,.
lhence Westerly on a deflective angle left of 95o2)-' 00,, along theextension of the North line of Ehe Southr^rest one-quarter (SW1,/4) of
the southeast one-quarter (sE1/4) of said section 11, a disrance of
50.95 feec to the Northeast corner of the SouEhwest. one-quarter
(SW1/4) of the SoutheasE one-quarrer (SE1/4) of Sect.ion 11-, being t.hePoint of Beginning.
PARCEL B:
TracL "A",
VAIL HEIGHTS-FILING NO. 1. according ro rhe plaE thereof filed June
25, 1969, in Book 215 at Paqe 483.
FIRST AMERICAN TITLE INSURANCE COMPANY
COMMITMENT
SCHEDUI,,E B
Sectl.on 2
EXCEPTIONS Order No. 311726 -C
The pollcy or policles to be issued wiII contain exceptlonE to the follotrlng Datters
unlese the same are dlsposed of to bhe Eatlsfactlon of the Conpany s
Any loss or damage, including attorney fees, by reason of the matters shown below:
1. Any facts, righE.s, int.erests, or claims which are not shown by the public records
but which could ascertained by an inspection of said land or by making inguiry of
persons in possession thereof.
2. EasemenEs or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary Iines, short.age in area, encroachmenEs, and
any other facts which a correcE. survey would disclose and which are not shohtn by
the public records.
4. Any 1ien, or right. to a lien for services. labor or material heretofore or hereafEer
furnished, imposed by Iaw and not. shown by the public records.
5. Defects, Iiens. encumbrances, adverse claims or oEher matEers, if any, created,
first. appearing in the public records or attaching subsequenE Eo the effective date
hereof, but prior Eo the date the proposed insured acquires of record for value the
estate or interest or mortgage Ehereon covered bv this Commitment.
6. Taxes due and payable; and any tax, special assessmenEs, charge or lien imposed
for wat.er or sewer service, or for any other special taxing dist.ricc.
{ 7. Right of the Proprietor of a vein or Lode to extracL and remove his ore t.herefrom,
shouLd the same be found Eo penetrate or inEersecL the premises hereby granted, as
reserved in United States Patent recorded August 11., 1900, in Book 48 at Page
235 .
'/ 8. Right of way for ditches or canals constructed by the authority of Ehe Unit,ed
states, as reserved in united states Patent recorded october 4, 1918, in Book 93 at
Page 301.
,/ 9, Easement and righc of way for all water dicches crossing subject property, E.ogether
with rights of ingress and egress for t.he purpose of maint.aining such ditches, as
reserved by Eagle County Development Corporation in the Deed to George R. Macleod
and Edith L. Macleod recorded JuIy 27, 1955, in Book l-88 at Page 409, in which the
specific location of said easement is not defined.
V 10. Easement and right of way co construct, operate and maintain an underground
efeccric discriburion lj.ne and syst.ems, as granced by Erich Schmetzko and LiIy
Schmetzko to Holy Cross Electric Association, Inc. by instrumenE recorded october
.4, L99I, in Book 564 ac Page 14, said easement being more parEicularly described in
said instrument.
( Cont. inued )
I
FIRST AMERICAN TITLE INSURANCE COMPANY
-.t
{ ,,.
EXeEPTIOfg (contlaued) Ord€r No. 3Lt726 _e
Restrictlons, which do not contain a forfeiture or reverter clauge, as containedin insrrumenE, recorded october 10, 1969, in Book 21G ar page 153. hlrfbgag
.ttDi/. Gerftrr
FIRST AIT,IERICAN TITLE TNSURANCE COMpAr,Iy
DIICI,ARATION
1'lll.S D|ICLARATION, is rnade tttis J day of Jrrty, 1997, by Robert D. Hunter (the
" I)eclarant "). Wl'l'Nl:SSE I'l | :
WIIEREAS, the f)eclarant is the owner of the following described real property, (the
"l)roperty"), situate in the Town of Vail, County of Eagle and State of Colorado, to-wit:
See Exhibit "A" attached hereto ancl nrade a part hereol
Property into two (2) legally defined
to further subdivide and construct
controlled by the appropriate zoning
WllllRIJAS, the Declarant is desirous of subdividing the
lcsidential truilding lots, each lot consisting of the right
" prirnary/sccontl:rry " residenlial inrprovements, as defined and
Jrrovisions ol'the Municipal Code for the Town of Vail; and
WIllilllrAS, tlte Declarant desires 1o adopt and record a Declaration set(illg forth the rights,
obligatiorts ancl linrilations with respect to ownership for lhe Property and to record a subdivision plat
tlupict ing ilte Property.
NOW,'l'l lllllllFORI1, the Declarant publishes and declares thilt the following terms, covenants,
corttlitions, cascrrrcnts, restrictions, uses, rcservations, limitations and obligations shall be deemed to run
rvith thu larrd tlescrillctl lrerein, shall be burden and a benefit to tlle owncrs, their successors and assigns,
ir d any pclson acquiring or owning an interest in the real property rvhich is described herein and
itlrl)rovclllctl ls ltrrill tltercon, antl their grantees, personal representatives, hcirs, successors and assigns.
L I)wi.s_iorr ol'llcal l)ropcrtv into 'fwo Lots. 'l'hc l)rtryolty is ltcreby divirlcd into two (2) lots,
eitclt ol'rvlticlt sh;rll bc a separate l'ec sinrple estate consisting of the lot designated witlr the corresponding
lctlcr togetltcr rvith any inrprovenrents thereon, including but not lirnited to the right for further
srrhtlividirtg thc l{)t upon construction of " primary/secondary " residential irnprovernents as defined by the
zoning guidelittcs as contairred in the Municipal Code for the Town ol' Vail, in particular Section
Iti.l-1.010 cl. sc(I., antl all easenrents and rights located thereon or appurtcn nt tlrereto as provided for
irr this Dcclaraliorr as follows:
Lot I
Lot 2
sttch lots (hereinafter referred to as "lots") being shown on the srrbdivision plat as described hereinabove
(thc "Plat").
2. l)csclintion of Lots.
(a) Ilach Lot shall be further separable into a maximurn of two (2) residential lots
pursuant ttr Seclion 18.13.010, Municipal Code for the Town of Vail, rvith or without benefit of a
coulrlon parcel, and may be separately leased, devised or encumbered.
(b) Title to a Lot, or as the case may be in the event of a further subdivision of a Lot
into two separate lots, may be held individually or in any form of concurrent ownership recognized in
Colorado. In case ofany such concurrent ownership, each co-owner shall be jointly and severally liable
for perforrnance and observance of all the duties and responsibilities of an "owner" with respect to the
Lot in which he owns an interest. For all purposes herein, except for as provided for herein, there shall
be deerned to be only two (2) owners, the owner of Lot I and the owner of Lot 2. The parties, if more
than one, having the ownership of each such Lot shall agree among themselves how to share the rights
and obligations of such ownership, but all such parties shall be jointly and severally liable for
perforrnance and observance of all of the duties and obligations of an "owner" hereunder with respect
to the Lot in which they own an interest.
(c) Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument
affecting a Lot may describe it by its Lot designation and by reference to the Plat.
(d) Each Lot shall be considered a separate Lot of real property and shall be separately
assessed and taxed.
3. Improvements, Maintenance and Repair.
(a) As an integral element of the subdivision of the Property into two (2) separate legally
defined residential lots, certain infrastructure and other improvements must be cornpleted. Such
infrastructure and irnprovements include, but are not limited to a common access driveway, landscaping,
utilities, retaining walls, and a surface drainage and water detention system, as provided in that certain
Grading Plan, prepared by Inter-Mountain Engineering, Ltd., Project No. 960498, dated May 1,1997,
and as required by the Town of Vail. Within thirty (30) days of the receipt of any billing statement for
construction thereof, each Owner shall be responsible for on an equal basis (50/50) of the costs and
expenses of the construction and installation of the common access driveway, landscaping, utilities,
rctainirtg walls, and lltc surflace drainage and rvater detention system. Should eithcr Owner: faiL to pay
their required share of suclt costs and expenses, the terms and provisions of Paragraph 6 below shall
control.
(b) Each owner shall be responsible for the expenses, liabilities and general upkeep
responsibil ities with respect to the common driveway, drainage system, landscaping, repair and
rnaintenance, and outdoor improvements, if any, Iocated in or on his own Lot. The owner of one Lot
shall not unreasonably damage the value of the other Lot such as by shoddy upkeep outside, and both
owners shall make all reasonable efforts to preserve a harmonious cornmon appearance of the Lots. If
an owner, at any time, shall neglect or refuse to maintain such landscaping or general repair and
maintenance in a high standard, the other owner may, but shall not be obligated to, after twenty (20) days
written notice to the other owner, make such reasonable and necessary repairs or maintenance on behalf
of the noncomplying owner. All sums so paid or expended by an owner, with interest thereon at the rate
of eighteen percent (18%) per annum from the date of such payment or expenditure, shall be payable by
the owner so failing to perform upon demand of the other owner. All remedies for such payment or
expenditure shall be controlled by Paragraph 6 below,
(c) Common utility or service connections, common facilities, or other equipment and
property, if any, and any landscaping and water detention facilities in or around the common driveway
l'D:TrllPi!6.dec(Ju e tl, 199?
and other infrastructure described hereinabove in Section 3(a), shall be owned as tenants in common and,
except for any expenses or liability caused through the negligence or willful act of any owner, his family,
agent or invitee, which shall be borne solely by such owner, all expenses and liabilities concerned with
such property shall be shared proportionately with such ownership. The owners, if necessary, shall
designate one owner to receive all joint utility bills (however, the bills will be in the joint names of both
owners), if any, which are used in common with both Lots and that designated owner shall be
responsible, subject to contribution from the other owner for one-half (ll2) of the expense, for the
payment of such utility. The designated owner shall notiry the appropriate utility company and inform
them of the common billing address. Where separate meters for measuring costs or expenses for such
utility service are available, such cost shall be an individual expense and not a joint expense of the
owners. Expenses for construction and future maintenance, replacement and repair of future common
utility services to the Property shall be allocated equally among the owners of the Lots for replacement,
repair and maintenance expenses of existing utilities
(d) Each owner shall be solely responsible for all landscaping, general upkeep,
ruraintenance and repair of the Lot, including all improvements and all utility lines and equipment located
therein or in, on or upon his Lot (Lot I or Lot 2 on the Plat), and serving such Lot. Maintenance and
repair shall include walkways and the parking and access facilities to each Lot, with the sole exception
of the retaining walls, drainage facilities, cornmon driveway and the landscaping (as approved by the
Town of Vail Design Review Board) associated therewith, which shalt be maintained equally both in
expense and effort.
(e) Utility or service connections, facilities or other utility equipment and property
located in, on or upon either of the [,ots which is used solely to supply a service or utility to one Lot
shall be owned by the owner of the Lot using such utility or service and all expenses and liabilities for
repair and maintenance shall be borne solely by the owner of such Lot.
4. Use Rcstrictions.
(a) Any irnprovements located on either Lot I or Lot 2 shall be used for residential
purposes only as a permitted use, and conditional and accessory uses shall be as defined by the
appropriate zoning guidelines for the Town of Vail. No structures of a temporary character, trailer, tent,
shack, garage, barn or other out-building shall be used on any portion of any of the Property at any time
as a residence, either temporarily or permanently.
(b) No animals, livestock or poultry of any kind shall be raised, bred or kept on any of
the Property, except that dogs, cats or other household pets may be kept provided that they are not kept,
bred or maintained for any cofirmercial purposes and provided further that they do not unreasonably
interfere with the quiet enjoyment of the other [,ot by its owner. Further, shall dogs, cats or other
household pets shall be kept under control pursuant to the specific rules and regulations of the Town of
Vail, in particular Section 6.04.010 et. seq., Municipal Code for the Town of Vail.
(c) No advertising signs (except one "For Rent" or "For Sale" of not more than three
(3) square feet per Lot), billboards, unsightly objects or nuisances shall be erected, placed or permitted
to remain on the Property, nor shall any Lot be used in any way or for any purpose which may endanger
the health or unreasonably disturb the owner or resident of the adjoining Lot.
(d) All rubbish, trash or garbage shall be regularly removed from each Lot and shall not
be allowed to accumulate thereon. All such expenses are the expenses of each individual owner, and are
liD:Tdut||ct.dcc(Jur. I I' l9r)
not a joint expense of the owners.
(e) An owner shall do no act nor any work that will impair any easement or hereditarnent
or do any act or allow any condition to exist which will adversely affect the other Lot.
(f) An owner may park no more than two (2) automotive vehicles in the designated
parking areas of their respective dwelling unit. This limitation shall not apply to parking within the
garage area, and is not intended to limit reasonable guest or family use of the parking areas. Parking of
construction-related vehicles, campers, motorhomes and any recreational vehicles, excluding boats, is
expressly prohibited; provided, however, the storage of a boat shall be done in a manner and location
that will not have a detrimental effect on the Lot or an adjacent property..
5. Insurance. Each owner shall keep his Lot, and all improvements and fixtures located thereon
or therein insured against loss or damage by fire and extended coverage perils (including vandalism and
malicious mischief) for the maximum replacement value thereof, and covering such other risks of a
sirnilar or dissirnilar nature as are or shall hereafter customarily be covered with respect to similar
properties issued by a responsible insurance company or companies authorized to do business in the State
of Colorado. Further, each owner shall provide and keep in force for the protection of hirnself general
public liability and property damage insurance against claims for bodily injury or death or property
dantage occurring in, on or upon his Lot and the improvements thereon, in a limit of not less than One
Million Dollars ($1,000,000.00) in respect to bodily injury or death to any number of persons arising out
of one accident or disaster, or for damage to property, and if higher lirnits shall at any time be customary
to protect against tort liability, such higher limits shall be carried.
6. Enforcernent.
(a) If an owner, at any time, shall neglect or refuse to perforrn or pay his share of any
obligation rct;uircd hereunder, thc othcr owncr ntay, but shall not be obligated to, aftcl twenty (20) days
written notice to the other owner unless the circumstances require irnmediate action, rnake such payrnent,
or, on behalf of such other owner, expend such sum as may be necessary to perfornr such obligation,
including but not limited to, the payment of any insurance prerniurns required hereunder, for repair,
restoration or maintenance, and such other owner shall have an easement in and to that part of such
defaulting owner's Lot as is reasonably necessary for such repair, restoration or maintenance.
(b) All sums so paid or expended by an owner, with interest thereon at the rate of
eighteen percent (18%) per annum from the date ofsuch payment or expenditure, shall be payable by the
owner so failing to perform (the "defaulting owner") upon demand of the other owner.
(c) All sums so demanded but unpaid by the defaulting owner shall constitute a lien on
the Lot of the defaulting owner in favor of the other owner prior to all other liens and encumbrances,
except: (i) liens for taxes and special assessments; and (ii) the lien of any first mortgage or first deed
of trust of record encumbering such Lot. The lien shall attach from the date when the unpaid sum shall
become due and may be foreclosed in like manner as a mortgage on real property. To evidence such a
lien, written notice of the lien shall be prepared, setting forth the amount of the unpaid indebtedness, the
name of the defaulting owner, and description of the Lot to which the lien shall attach. Such notice shall
be signed by the owner in whose favor the lien shall be hled, and the lien shall be recorded in the office
of the Clerk and Recorder of the County of Eagle. In any foreclosure or other collection proceedings,
the defaulting owner shall be required to pay the costs and expenses of such proceedings, including
reasonable attornev's fees.
*prT.lll'lnesdec(Jun. ! I, l9YI)
(d) The lien provided for herein shall be subordinate to the lien of any first mortgage
or deed of trust, including additional advances made thereunder. Shoutd title to a Lot be acquired
through the exercise of any right or remedy set forth in such first mortgage or deed of trust or through
the exercise of any remedy provided by law, that title to the extent provided by law shall extinguish the
lien as to payments thereof which became due prior to such transfer of title but shall not relieve any
former owner of personal liability therefor. The person who acquires title by way of foreclosure shall
not, however, be liable for any past due amounts and/or obligations due hereunder and shall only become
liable for future amounts and/or obligations accruing on and after the date such person becomes the owner
of such Lot. No sale or transfer shall relieve such Lot from liability for any amounts and/or obligations
thereafter becoming due or from the lien thereof. In the event of the sale or transler of a Lot with
respect to which any sum shall be unpaid by a defaulting owner, except the sale pursuanr to foreclosure
of a first mortgage or deed of trust, the purchaser or other transferee of an interest in such Lot shall be
jointly and severally liable with the seller or transferor thereof for any such unpaid sums.
(e) Upon written request of any owner, mortgagee, prospective mortgagee, purchaser
or other prospective transferee of a Lot, the owner of the other Lot shall issue a written statelnent setting
fbrth the arnount he is owed under this Paragraph 6, ifany. Such statement is binding upon the executing
owner in favor of any person who rnay rely thereon in good faith. Unless a request for such statement
shall be cornplied with within fifteen ( l5) days after receipt thereof, all unpaid sums which become due
prior to the date of ntaking request shall be subordinated to the lien or other interest of the person
rcquestiug such statement.
(f) Each provision of this Declaration shall be enforceable by any owner by a proceeding
for a prohibitive or mandatory injunction or by a suit or action to recover damages. Ifcourt proceedings
are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the
prevailing party shall be entitled to recover its costs and expenses in connection therewith, including
rcasonable attorney's f'ees.
(g) Each owner hereby ag,rees that any and all actions in equity or at law which are
instituted to enforce any provision hereunder shall be brought in and only in the courrs of the County of
Eagle, State of Colorado.
(h) Failure to enforce any provision of this Declaration shall not operate as a waiver of
any such provision, the right to enforce such provision thereafter, or of any other provision of this
Declaration.
(i) Any exercise of any right granted hereunder by one owner with respect to the other
owner's Lot, including but not limited to, the use of any easement granted herein, shall be exercised in
a manner which shall not unreasonably hinder, impede or impose upon such other owner's use of his
Unit.
7. Easements.
(a) Utilities. There is hereby created an easement upon, across, over and under the Lots,
as located and further defined on the Plat, for the benefit of the Lots and the structures and improvements
situated thereon, for installation, replacing, repairing and maintaining all utilities, including, but not
limited to, water, sewer, gas, telephone, cable tv and electricity. Said easement includes future utility
services not presently available to the Lots which may reasonably be required in the furure.
Notwithstanding the forgoing, all such utility equipment, wires, circuits and conduits will be placed on
v p rTcllPln6.dcc(J t'lrc ll, l9YI)
the Lot benefitted thereby to the extent practicable, and if placed on the other Lot, will be placed
underground ifpossible, and to the extent practicable will be placed as close to the Lot line as practicable.
Either owner shall have the right to relocate within his Lot any utility at his sole cost and expense.
(b) Driveway. The Lots have a common driveway. There is granted hereby a
non-exclusive easernent for ingress and egress purposes over and across those portions of such Lot which
is used as a driveway and which are more particularly noted on the Plat. No owner shall hinder nor
permit his guest to hinder reasonable access by the other owner and his guest to their respective Lot. The
cost of snowplowing of the driveway shall be borne equally by both owners. Other maintenance, repair
or improvement of such driveway as required from time to time shall be undertaken when necessary and
both owners shall share all expenses equally.
8. General Provisions.
(a) Notice. Each owner shall register its mailing address with the other owner and all
notices or demands intended to be served upon owners shall be sent by certified mail, postage prepaid,
addressed in the name of the owner at such registered mailing address. In the alternative, notices may
be delivered if in writing, personally to owners.
(b) Duration. All provisions contained in this Declaration shall continue and remain in
full force and effect until January I in the year 2020 A.D., and thereafter shall be automatically extended
for successive periods of ten (10) years each; unless this Declaration is amended or revoked by recorded
instrument signed by all owners and all Iienors holding a first mortgage or first deed of trust of record
on any portion of Lot t or Lot2.
(c) Amendrnent or Revocation. This Declaration may be amended or revoked at any
tinre upon unaninrous written approval in recordable form of all owners and all lienors holding a first
nrortgagc or flrst deed ol'trust of record on any portion of Lots A and Il. 'l'he covenants and restrictions
of this Declaration shall be arnended or revoked only by an instrument which specifically refers to this
Declaration and which is signed by each of the then existing owners and first lienors. Any easement
rnade must be properly recorded at the office of the Clerk and Recorder of the County of Eagle, State
of Colorado. Notwithstanding, further subdivision of a Lot into two (2) legally defined parcels as
allowed pursuant to the zoning guidelines for the Town of Vail shatl not require an amendrnent hereto.
(d) Effect of Provisions of Declaration. Each provision of this Declaration, and any
agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and
any necessary exemption or reservation or grant of title, estate, right or interest to effectuate any
provision of this Declaration: (i) shall be deemed incorporated in each deed or other instrument by
which any right, title or interest in any portion of Lot I or Lot 2 is granted, devised or conveyed,
whether or not set forth or referred to in such deed or other instrument; (ii) shail, by virtue of acceptance
of any right, title or interest in any portion of Lot I or Lot 2 by an owner, be deemed accepted, ratified,
adopted and declared as a personal covenant of such owner and, as a personal covenant, shall be binding
on such owner and his heirs, personal representatives, successors and assigns; and, shall be deemed a
personal covenant to, with and for the benefit of each owner of any portion of Lot I or Lot 2, and (iii)
shall be deemed a real covenant by the owners, for themselves, their heirs, successors and assigns, and
also an equitable servitude, running, in each case, as a burden with and upon the title to each and every
portion of Lot l and Lot 2.
(e) Severabilitv. Invalidity or unenforceability of any provision of this Declaration in
*p:TrlPtu6.dec(JuD€ I I, l9t7)
whole or in part shall not affect the validity or enforceability of any other provision or any valid and
enforceable part of a provision of this Declaration which shall remain in full force and effect.
(f) Captions. The captions and headings in this instrument are for convenience only and
shall not be considered in construing any provisions of this Declaration.
(g) Construction. When necessary for proper construction, the masculine of any word
used in this Declaration shall include the feminine or neuter gender, and the singular the plural, and vice
versa.
(h) Governinq Law. This Declaration is made and executed under and in respect will
be governed and construed by the laws ofthe State ofColorado where the property is situated.
IN WITNESS WHEREOF, the undersigned has ser his hand and seal this 1O^rof July, 1997.
DECLARANT:
STA'TE OF COLORADO
..L.
CoUNTY oF /2e'yil)/-/7'/'
ss.
The foregoing instrurnent was
D. Hunter.
acknowledged before me this/ '-day of July, 1997, by Robert
WITNESS BY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES, a/,/V
:
.i,.l ."
''r {.1r- "
:.ia rn
wp:TrUPlm!.dec(tun. I I, lgq4
I
auestiolCall the Planning Staffat 479-2138
APPLICATION FOR PLANNING AND ENVIRONMENTAL
COMMISSION APPROVAL
tr Amendmentto an ApprovedDwelopmentPlan
tr Employee Housing Unit (I1Pe:
tl Major or tr Minor CCI Exterior Alteration
(Vail Village)
tr Major or tr Minor CCII ExtcriorAlteration
(Lionshead)
Special Dwelopment Dstrict
Major or E Minor Amendment to an SDD
tr
tr
B.a,l
TD
c.
D.
E.
FILING
UILDINGNAME:
NAMEOF OWNER(S):
MAILINGADDRESS:
F.
G.
owNER(S) STGNATTJRE(S):
NAMEoFREPRESENTATTve' Rrcrilo P RasrJ
FEF, - SEE THE SI.JBMITIAL REQUIREMENTS FOR THE APPROPRI-ATE FEE.
SUBMIT THIS APPLICATION, .ALL ST]BMITT.AL REQTNREMENTS .A,ND THE FEE TO THE
DEPARTMENT OF COMMIJNITY DEVELOPMENT,75 SOUTH FRONTAGE ROAD,
H.
VAIL. COLORADO EI657.
For Office Use Only:
reorad:ifr . Q-s*,V?o-nv'Grcg hnr-Jet^- -
Appticarion M", L? ( h PEC McctingD *", 17 - I b
TOWN0TVAIL
CENERAL INFORMATION
fni. ,pptiotion is for any project requiring approval by the Planning and Environmental Commission. For spocific
information. see the submittal requiremants for the particular approval tbat is requested. The application can not be
acce,pted until all required information is submited The project may also need to be reviewed by the Town Council
and/or thc Design Rwiew Bord.
A. TYPE OF APPLICATION:
tl Additional GRFA (250)
tr BedandBrealf,ast
tr Conditional.,pse Pennit
tr Maior or E Minor Subdivision
tr Rezoning
u7 Sigrr Variance
E Variance
tr Zoning CodeAmendment
DESCRIPTION OF THE REQI.]EST:
41.J- ?r.t{ "P.
MAILINGADDRESS:
Rqvied 6/96
!>-
FILE COPY
MEMORANDUM
Planning and Environrnental Gornmission
Comm unity Development Department
December 16, 1996
A request for a minor subdivision lo create two primary/secondary residential lots
"nO
i, request for a variance from the 30' minimum street frontage requirement'
fociteO aiZSgg Chamoniitane/ Tract A, Vail Heights, Filing 1 and an unplatted
pi""ril Sr7z, SE 1/4, Sec. 11, T5S, R81W, Town of Vail, Eagle^C.ounty'
botoraOo. A more complete legal description is available at the Olfice of
Community Development.
Applicant: Robert Hunter, represented by Rick Rosen
Planner: George Ruther
TO:
FROM:
DATE:
SUBJECT:
I. DESCRIPTION OFTHE REOUEST
The applicant, Fobert Hunter, represented by Rick Rosen, is proposing a minor subdivision
of an existing tract of land and ah unplatted parcel, generally located north of Lots 4 & 5'
Vail Heights,-Filing No. 1. The applicant is proposing to create two new residential lots. Each
of the nivly createi lots will be aiiroximateiy 1'12 acr-e in size and are intended to facilitate the
future development of two duplex residences on the site.
The applicant has submitted a final plat and a conceptual site olan illustrating the location of the
propoiba residences and access thbreto (see attachments 1&2). According to the plat and site
biifi, i portion of each of the tots is impacied by moderate debris llowdebris avalanche and
h"Oiuni
"euerity
rockfall hazards. To better indure that future development is not adversely
irpiiteO OV thd geotogic hazards, the applicant is proposing to plat building envelopes on^the
tinit ptat iniespoise t6 recommendationi made by a Geologic Engineer (see attachment 3) and
has further indicated on the plat, via a plat note' that'
"construction of any improvements on Lot 2 that will impede into the debris flow zone
shall require written approval by the Town of Vail of a specific engineering and mitigation
analysis for such improvements."
The plat indicates the dedication of an access, drainage and utility easemenl. The easement is
tocaied on all of existing Tract A, and with the exception of a drainage easement, along the
southerly thirty{eet (30;) of proposed Lot 2. The easement is intended to provide adequate
access io proioseO Lot t, l6caied north of Lot 2, as Lot t has no direct street frontage on
Chamonix'Laire, and to provide a location for the installation of underground utlitities.
In addition to the proposed minor suMivision request, the applicant is also requesting a
variance from Section 18.13.050, Lot Area and Site Dimensions, of the Town of Vail
Municipal Gode. According to Section 18.13.050, in part, each site in the Primary/Secondary.
Residehilal Zone District snitt nave a minimum street frontage of thirtyjeet (30'). As proposed'
Lot 1 does not comply with ihis requirembnt, and therefore, a variance is required.
o
II. BACKGROUND
In May of 1991 , the then owners of the proper$, submitted an application to the Town of Vail
i"qu"itir,g " tezoning of tne property. ine owners tvere requesting a change in zoning from
piilnaiyiSlconOary iesidenthf o ui* DelsS Multi-Family. Due.t-o numerous complications with
ihe review ol the request, tne Ffinning and Environmental Commission finally heard the
appfii"nt,s reguest ih eaity 1992. Duiing.these meetings, much of the discussion centered
iiirnO tni gebtogic nazaiOs eiisting onihe site and th-e impacts.to development they created'
.
This discussion r"r pr".igt"t.d by"a
"eu"te
debris flow ev'ent which occurred on the property in
the early 1980's. tn iesponse to th; debris llow event, the Town of Vail, acting in an emergency
sitrition, created a drai'nage channel across the property to direct flows and protect the
neighUoinooO. The property has since been regraddd, and the drainage channel removed'
Hazard reports have Oeen domppteA by both Ait Mears and Nicholas Lampiris' Each geologist
niO ConctlOed, based upon siti specifi6 investigations, that development could be
accommodated on the site, with proper design and mitigation'
Finally, on February 22, 1993, after Several years of review and a setllement of a lawsuit brought
againiithe Town bi the appifi;nt, the Plan;ing and Environmental Commission recommended
ifiprovaf of the appiicantG iequesifor a rezoni-ng, minor subdivision and wall height variance'
The Commission's recomm"n'Oation of approvaiwas contingent upon approval of the rezoning
request by the Vail Town Council'
On January 18, 1994, the Vail Town Council approved a motion tabling the applicant's req.uest to
i frture Oaie. ine applicant s request was tadtdO until the Town and applicant could resolve an
Gsue rela1ng to naziiO mitigatiori ctean-up should a debris llow occur. To date, a resolution to
the hazard riitigation ctean--up has not be6n reached and the qrope-rty has been sold to a new
owner. The halard mitigation clean-up issue is no longer a point ol contention, as the new
owner is proposing a different development plan.
ilt.ZONING ANALYSIS
Total Lot Area:
Building Envelope:
Total Allowable GRFA':
Total Allowable
Shs Coverag€:
Street Fronlage:
Minimum Lot Size
(15,000 sq. ft. of
Buildable Area):
LOT 1
Proposed
26,661 sq. ft
6,256 sq. ft.
5,7€6.1 sq. ft
20 o/. or 5,332 sq. ft.
0ft.
26,661 sq. fi.
LOT 2
Prooosed
22,144.1 sq. ft.
6,209 sq. ft.
5,314.4 sq. ft.
2Q o/" or 4 ,428 .8 sq. ll.
51 tt.
22,144.1 sq.tl.
l:\everyone\pecVnemos\hunler.dl 6
Does lhe lot meet
the size/shape
requirsm€nl of
80'x 80'? yes Y€s
' Includes two 425 sq. ft. credits (850 sq. ft.) of GRFA for allowable dwelling units
IV. MINOR SUBDIVISION CRITERIA
One of the basic premises of subdivision regulations is that the minimum standards for the
creation of a new lot must be met. This project will be reviewed under the Minor Subdivision
Criteria, pursuant to Chapter 17, Subdivi'sion Regulations, of the Town of Vail Municipal Code.
The first set of review criteria to be considered by the Planning and Environmental
Gommission for a Minor Subdivision Application are as follows:
A. Lot Area - The Town ol Vail Municipal Code indicates that the minimum lot or site
area for a lot located within the Primary/Secondary Residential Zone District, shall
be 15,000 sq. ft. (0.344 acre) of buildable area. The Municipalcode defines
"buildable area" as,
"any site, lot, parcel or any portion thereol, which does not contain
designated floodplain, red hazard avalanche, or areas in excess ol 40/"
slope."
As proposed, the buildable areas of Lots 1 and 2 are 26,661 sq. ft. (0.61.2 acre)
and Ziiu sq. ft. (0.508 acre), respectively. This is well above the minimum
15,000 square leet required by the Municipal Code'
B. Frontage - The Vail Municipal Code requires that lots in the Primary/Sec_ondary
Residential Zone District have a minimum streel frontage of thirty{eet (30').
Currently, Tract A has a street frontage in excess of thirty-feet (30'). The
proposed plat indicates that Lot 2 will have a street frontage of fifty-one feet (51'),
while Lot 1 will have no street frontage. The applicant has requested a variance
from the street frontage requirement for Lot 'l in conjunction with the minor
subdivision request.
C. Site Dimensions - The Vail Municipal Code requires that each lot be of a size and
shape capable of enclosing a square area, 80 feet on each side, within its
boundaries. The proposed minor subdivision would create two lots of the size and
shape necessary to enclose a square area, 80' on each side, within its new
boundaries.
The second set of criteria to be considered with a minor subdivision request are as
outlined in the subdivision regulations, and are as follows:
"The burden of proof shall rest with the applicant to show that the application is in
compliance with the intended purpose of Chapter 17, the Zoning Ordinance and other
pertinent regulations that the PEC deems applicable. Due consideration shall be given to
ihe recomm-endations by public agencies, utility companies and other agencies consulted
f:\everlrone\pec\rnemosvrunler.dl6 3
under section 17.16.090. The PEC shall review the application and consider its
appropriateness in regard to Town policies related to subdivision control, densities
pirripoieO, regulationsl ordinances and resolutions and other applicable documents'
effects on the aesthetics of the Town, environmental integrity and compatibility with
surrounding uses."
The subdivision purpose statements are as follows:
1. To inform each subdivider ol the standards and criteria by which development and
proposals will be evaluated and to provide information as to the type and extent of
improvements required.
Staff Response: One ol the underlying purposes of subdivision regula$ons, as ..
well as anffietopment control, ii to dstaOtisn basic ground rules which the staff'
the pEc, t'he appliiant and the community can follow in the.public review process.
The review of this request will follow the regulations prescribed for minor
subdivisions in the Municipal Code.
2. To provide for the subdivision of property in the future without conflict with development
on adjacent proPerties.
Staff Response: The applicants property is bound on the. north by unplatted U.S.
forest Seiruice property'and on the south, east and west by multiJamily
development. ine exiiting multi{amily development was approve-d.by..Eagle..
Counti prior to the area being annexed into the Town of Vail. Stall believes that
the apfiicants proposal to subdivide the property, with the intent of luture
construction of two duplex residences, will not conflict with the existing
development on adjacbnt properties. The property is zoned Primary/Secondary
Residential and the applicant;s proposal is in compliance with the existing zoning.
3. To protect and conserve the value ol land throughout the municipality and the value ol
buildings and improvemenls on the land.
Staff Response: Staff does not believe that the applicant's request will negatively
impact thb value of land in the Town of Vail generally, or in the immediate area
spbcifically. The applicant's plans are in compliance with existing zoning and the
adopted Town of Vail Land Use Plan.
4. To insure that subdivision of property is in compliance with the Town Zoning Ordinance'
to achieve a harmonious, convenient, workable relationship among land uses, consistent
with municipal development objectives.
Statl Response: Again, the applicant's proposal is in compliance with existing
zoning. The building envelopes proposed by the applicant meet, and in some
areas, exceed the setbacks prescribed in the Primary/Secondary Residential Zone
District. Stalf does not believe that the minor subdivision will negatively impact
the desired harmonious, convenient, workable relationship among land uses,
consistent with municipal developrnent objectives.
5. To guide public and private policy and action in order to provide adequate and efficient..
traniportition, watei, sewale, s6hools, parks, playgrounds, recreational and other public
requiiements and facilities and generally to provide that public facilities will have sufficient
capacity to serve the proposed subdivision.
t:\everyone\pocvnsmos\hunlor.d 1 6
Staff Response: Staff does not believe the requested minor subdivision will have
any aOveise impacts on the above-described criteria'
6. To provide for accurate legal descriptions of newly subdivided land and to establish
rea'sonable and desirable -construction, design standards and procedures.
Staff Response: As required, the applicant has submined.a preliminary final plat
prepatedEy a land surveyor ticensbd ro pratice.in Colorado. The applicant has
iurther profosed to ptat hiuilding envelop'es on the final plat to insure that future
develofmdnt does riot conflict with the bxisting geologic hazards. A plat note has
also been included on the plat to document the need for site specific analysis of
the geologic hazards to pr6tect future improvements and.occupants.of the
residencei. Staff believbs the applicant has addressed the above-described
criteria. However, staff is conceined with the encroachment of the building
envelope on tot Z into lhe debris flow/debris avalanche zone. Staff would like to
discusi this issue with the applicant and Planning and Environmental
Commission.
7. To prevent the pollution of air, streams, and ponds, lo insure adequacy of drainage
.
tacitities, to safiguard the water table and encourage the wise use.and managemen-I of
natural resources throughout the municipality in order to preserve the integrity, stability
and beauty of the community and the value of land.
statf Response: According to a drainage report submitted previously,
de"elopment on the site w-ill slightly increase the amount of surface run-otf.
Before development, the total slte iun-ott, excluding U.S. Forest Service land and
Lot 1 5 run-off ,'for the 1 O-year and 100-year storm is 0.9 and 'l .6 cubic feevsecond
(CFS), respectively. Afte-r developmeni, the on-site run-off could increase to 1'2
and 2.0 CFS for the 1 O-year and 1 OO-year storms. Based upon these
conclusions, staff does irot believe the proposed minor subdivision will have any
negative impacts on the above-described criteria.
V. VARIANCE CR|TERN AND FINDINGS
Upon review of Section 18.62.060, Criteria and Findings, of theTown of Vail Municipal Code' the
Cbmmunity Development Department recommends approval of the requested minimum street
frontage variance, The recommendation lor approval is based on the lollowing lactors:
A. Consideration of Factors:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff believes the requested minimum street frontage variance to allow for
the creation of the proposed Lot 1, Tall Pines Subdivision, will have
minimal, if any, negative impacts on other existing or potential uses and
structures in the vicinity. Stafl believes the unique configuration of the
existing property boundaries results in a physical hardship being imposed
on the applicant and that the strict enforcement of the minimum street
frontage regulation will result in a practical difficulty for the applicant'
f leveryone\pec\memosuu nler. d 16
2.The degree to which relief from the strict and literal interpretation and
enforcehent of a specified regulation is necessary to achieve-
-
compatiOif ity and uniformity o1 treatment among sites ln the vicinity or
to atiain the obiectives of this title without grant of special privilege'
The staff believes the applicant is requesting the minimum amount ol relief
from the minimum street frontage regulationnecessary to achie.ve the
O"rit.O goif of subdividing me-property. Staff believes the applicant has
iJeqritety met the intent-of thd mimimum thirty{oot (30') street frontage
Lqr-ii"reht through the dedication of the access easement proposed on
the final plat.
The eftect of the requested variance on light and air, distrabution or
popu|ation, transportation and traffic
'ac.Iities,
pub|ic |aciIities and
utilities, and public safetY.
The staff believes the above-described criteria is not relevant to this
variance request.
3.
B.
vt.
before granting a variance:
1. That the granting of the variance will not constitute a grant of special . .
privilege i-nconsiitent with the lirnilations on other properties classified in
the same district.
2. That the granting of the variance will not be detrimental to the public
health, stfety or welfare, or materially injurious to properties or
improvemenls in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a.Thestrictlitera|interpretationoren|orcementofthespecified
regulation would result in practical difficulty or unnecessary
physicat hardship inconsistent with the objectives of this title'
b. There are exceplions or extraordinary circumstances or conditions
applicable to th'e same site of the variance that do not apply
generally to other properties in the same zone'
c. The strict interpretation or enforcement of the specified regulation-
would deprive ihe applicant of privileges enjoyed by the owners of
other properties in the same dislrict.
STAFF RECOMMENDATION
The community Development Department recommends approval of the minor
subdivision of iract A and an unpiatted parcel of property generally located north of Lots
4 and 5, Vail Heights, Filing No. i, and the request for a variance from the thirty-foot (3O')
minimum street fontage piescribed in Section 18.13.050, of the Municipal Code. Statf
believes the applicantiab met the necessary findings as outlined in Sections lV & V of
this memorandum.
tleveryone\pecvnemosMunler.d 1 6
Should the planning and Environmental Commission choose to grant an-approval of the
r"qr"idO rinor suiUOiuision inO tinitu. street frontage variance, stafl.would
i"dor-renO that the Commision maXe me findings necdssary, as stated in Sections lV &
V of this memorandum, and that the approval cairy with it the following conditions:
1. That the Town ot Vail Public works Department review and approve the proposed
conceptual driveway and grading plan submitted by the applicant'
2. That the applicant add the following note to the final plat:
,,Future development on the two lots shall be restricted to the area within
me ptatteO Ouitbing entelopes. This restriction shall include alldecks, rool
eavelines, etc. Th; only development permitted outside the. platted
buitding ehueropeJsrrafi oe tandscaping, at-gade pa1os, driveways, and
retaining walls associated with driveway construction.''
3.Thattheapp|icantmakethefo||owingchangesonthefina|p|atpriorto
recordation:
* Remove the "TRACT A" label.- change GRFA numbers to 5,766.1 sq. ft. lor Lot 1 and to 5,314.4 sq. ft. for
Lot 2.* change BLM to U.S. Forest service, as it relates to property ownership.
* Atrail ZO' tu ul-il;\ a+=ene**.
hu..
H**)
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AKTTT{,JR I. MEARS, P'E., INC'
Nrtural Haztrds Crnsultants
553 CarnrY Rod 16
Goanism' Colorab tl2I)
TcUFrr: 90,641.3236
1611jg5f6ii-coan
!E7E,4?6tr37 P.Al
Dccembr3. 1996
ltr. Gt€g Amsden
ADF Reel Estde
The U,frn, Suite fi 12
S0osouth F ootege Rod E8sr
Vsf. CO 8'1057
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Asrccucst€dU''nuardRictRosgrr.IhevclwianedaihotansndegrddifEg|a'roflhc
propo8d oual pl'ts sudr,r;*-ii'iiti.-iitri"rr ano gld[ns plarFwem dstEd'ltt'ls'ge''
fiiy cftrngcs ro r,o" o"* frii'i*Jutr"t" pttltminary condusiots d this lctter'
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DEBRIS FLOU}E
Buitsing cmvc,bpc 'r\' lE strshn on yq'r F!E.-h Tjrlphreil vvcst of fiG 6ris frow anm'
conrccuendt shodd t"qu,tt-#'#6ir-oinJirw lqlphrrn- rht ctslem 1/3 {F!!d"ts
enrruteoe .8,. F loc.trd wior.ur ttri cctris nr e'ge .rr mdd tEquitl mftry {F_il upon; the
;ffi; ztr i,f ttntloF g' l; otisid;thG ffi tlil sllt lt|d ltguitF tro mitilFtim'
ROCKFATT
Accofttine lo
'ollr
pltt3, both bui|(t|ft0 Gttttdopc .A'
."td. 'g s'l D|llillEy et$|osd to 'mdtum
sgy.nv rocmr "t"r"
re c.Jl'ffii n ; iry qll cunfltls incd by thc Tom of vdl '
Hon er. ccconllng to t"v;fi.ilAx,t. re92' l"q!t{l t*ii;td mqniPoetniet in greetertFlril
[rsn $E l98a vsil try, ti,#rr *iri.i crOr uurum avAoo ts'' lt mry' lpf,Encf' rgrdl
efircbpt:A'durno "tttJffiJiiir*.
'Boc;tsG';fuo"'* r a ue oanme lffir sFfl or
ruclddl pfrndc, €tteore ; tdei todrs-rofo n rnrun'thus mfigaiot P-ry^:P bulld'lrg
uordd be mtnor. Rocrefl mfrffiffi iB"td otryny t -icvcd wrfh modificcim of tht h|er
porlions dbuilttiq db. d;ll ;;-ffiitt'dio"'upmu otne btdld|m' or |u*teil lbnc'
As I nd tlove, a site Lrspcdbn ir rasdf€dfo resm-trtcs? ptEfiniilrt coodudonc |'d to
sumpsl rny rniligdioo lr cfi|rr;ltul.'a,trct g etrwtoPcs dpuu uc nrartcc-T ry gtt"td
rtor b r Jts lmfcflon. nil jt""ty corrcffuioc U Urf hffi tt€ cortinoFrt upon stdt r
i;y'. ;6t;,tA t"c ir'di ro dd ne to procrac ran fib'ddlllofc rcfi'
Sihoerdt,
A*C, l r14ta,t
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Avrbndte'oililto{ et|glfictr
lt.n tt rait. ttEhiciat ' Avat,,r.,t Wd Ad'&r"t
TUTFL P.@1
i,.|,
Jim Wear said the applicant would like to table their item.
John Schofield made a motion to table this item.
Gene Uselton seconded the motion.
Henry Pratt asked when the item would be tabled until.
Fttt cupr
John Schofield amended his motion to table the item until the January 13' 1997 meeting'
Gene Uselton seconded the amended motion.
It passed unanimously by a vote of 7-0'
Z. A request for a minor subdivision to create two primary/secondary lots and a request for a '
variance lrom the 30' minimum street fronlage iequirement, located at 2339 Chamonix
Lane/Tract A, Vail Heights, Filing 1.
Applicant: Robert Hunter (AKA Schmetzko), represented by Rick Rosen
Planner: George Ruther
Greg Amsden recused himself from this item.
George Ruther gave an overview of the request, in accordance with the staff memo. He explained
that tie applicait was proposing to subdiviile the existing lot into tw-o new lots. George stated that
staff was i6commending approval with 3 conditions listed in the statf memo.
Rick Rosen, the attorney representing Robert "Doug" Hunter, stated that on Tract A, 20' of the
eastern poriion was to be ubed as a utitity easement and not the whole tract. He stated that the
appilcani would like to keep the drivewai out of the easement. He said the applicant would like to
leave enough room and push the utilities out 20 ft.
George Ruther said that staff was agreeable to the request.
Rick Rosen said the applicant was proposing to locate a part of Lot 2 into the debris flow. He
explained that it was tnb appticant'd decision to put a note on the plat to have a study done.for
miiigation and that tne fown would have to approve it. He said that was why w9 had the plat note
put -on the property. He then went on to show the portion of Lot 2 to the Commissioners.
Greg Moffet asked lor any public comment. There was none'
Galen Aasland supported the request.
Diane Golden agreed with Galen.
Henry Pratt staled that he had no problem with the subdivision, but had a grave concern with it
being in the debris flow zone.
Rick Rosen asked what it would take to make Henry comfortable with the request.
Henry Pratt said for the project not to be in the debris flow zone.
Planning and Environmental Commission
Minutes
December 16. 1996
I
tr
Greg Amsden suggeqreU.hfrting a bigger envelope than staff's proposal.
creg r,,tofrSfi'fu.}'i;ttL"nt to propose a buildins envelope'
lv
Mike Mollrca said a building envelope proposed by the applicant would be looked at.
Jim Wear stated that the applicant already proposed one.
Mike Mollica stated that the one proposed was not acceptable to the statf.
Jim Wear said the applicant was only getting an additional 500 sq. ft. and the Town was getting
open space.
Greg Amsden said that the PEC had not seen a proposed building envelope.gr t99!nlt!!._ He said .
that-he didn't object to going up the hillside, but he oblected to it golng up to the ski slope.
Mike Mollica said Exhibit B showed an extension to the west which created a buildable area that
staff believed was loo large, as it went up 208' beyond the front property line. Mike went on to
erpt"in the drawing which'showed what ihe applicant was proposing and he explained the
existing improvemenls.
Greg Amsden suggested creating a building envelope to protect the trees. He then asked, from
an alchitectural siandpoint, how far up the hill the applicant would go.
Buff Arnold said that there was no contemplation to build any farther up the hill.
Galen Aasland agreed with Greg Amsden and suggested to the applicant to come back and work
with staff regarding a new envelope.
Diane Golden asked if the house on Lot 7 had no more GRFA, what would Lot 8 have?
Buff Arnold said using the combination of a "no build" on Lot 7 and putting the 500 sq. ft. on lot 8'
it would be virtually impossible to develop.
Bufl Arnold said using the remaining 1,500 sq. ft. to build would be difficult.
Diane Golden said part of the concern was that the house sticks up and is visible.
Butf Arnold said the existing house has a height of 43'.
Diane Golden agreed with Greg Amsden regarding the building area.
Henry pratt said the Town's concept of a "no build" was confusing and unenforceable' He said
he would rather see a delined envelope.
Greg Moffet agreed with his colleagues. He felt the subdivision process needed some sense of
timiiation on h6w far up the hill you are able to go. He said the aspen gfove needed to be
maintained. Greg recommenO6O tabting this item until a blueprint could.b_e brought back. His
sense was that s-omewhere between what stafi was recommending and 208 ft., was what the
applicant should be looking at.
Planning and Environmental Commission
Minutes
December 16. 1996
T
I 'i.
Rick Rosen said one of the stalf recommendations was to not extend beyond the envelope' He said
the plat note was very strong and that nol even a deck could encroach.
Henry Pratt said we need to have a consistent envelope, but that he has Seen the best engineers
fail, gjiven the history that this area has had debris flow.
George Ruther said the note on the plaf was consistent with the TOV zoning language' He said that
J"*ioprrnt *as allowed in the debris flow area, if mitigation was done properly ald Lh.+ this was
noininti Oitlereni tnan what was in the Code. He said thet the Code allowed you to build in certain
geolog'ic hazard zones, conlingent on a sile specific analysis'
John Schofield had no problems with the request.
Gene Uselton asked if the applicant could move the envelope to the west?
Rick Rosen explained, regarding safety requirements, that the applicant had to satisfy the fire truck
turnaround and hat it would alsb be a long driveway to try to heat'
Gene Uselton asked if the translormers would be moved into an easement?
Rick Rosen said they could be moved, if necessary.
Gene Uselton said he had no problem with anything, but the debris flow.
Rick Rosen asked statf if the eavelines would be included in the restriction?
George Ruther said this request was consistent with other properties'
Rick Rosen said heavy Tyrolean architectuie would be limited. He said that they may have an
eaveline that they would just have to be cut off.
George Ruther said this language was appropriate.
Greg Moffet said he had no problem with the request and that he was in favor with the conditions
that stafl had placed on the approval.
Gene Uselton made a motion in accordance with the staff memo, with the exception of the roof
eaveline not being included in the envelope.
There was no second to the motion.
Gene Uselton amended his motion. He stated that the amended motion could damage the
architectural design and he didn't see why a roofline over the envelope line was a problem.
Henry Pratt explained that the motion had to be consistent with the way it was stated.
Gene Uselton amended the motion to include the eaveline in the building envelope as per the staff
memo.
The motion was seconded by Henry Pratt as read and amended'
Planning ald Environmental Commission
Minuics
December 16, 1996
--1
Galen Aasland asked if the applicant would work with staff regarding the easements-
Rick Rosen said, yes.
The motion passed by a vote of 6-0-1'
3. A request for a side setback variance to allow for the construction of a two-car garage'
tocatbd al 4532 Streamside Circle EasULot 15, Bighorn 4th Addi1on.
Applicant: Lillian and william Bresnahan, represented by Kathy Langenwalter
Planner: Lauren Waterton
Lauren Waterton gave an overview of the request and slated that it was in conformance with zoning
with the exception-of the side setback. She explained that some variance was necessary for the
applicant to be able to put in this garage and that statf was recommending approval with three
conditions.
Kathy Langenwalter, representing the Bresnahans, explained that she would answer any questions.
Greg Moffet asked for any public comment.
Mel Brody, an adjacent property owner on the west side, stated that if built as proposed, it.ryg.utd ..
continue ine toom of thd bJildin-g. He said that it was too tall and would block light. He said that if
the garage goes in, it would be directly across lrom his front entryway and being 5'off the property
tine,'it w5utd throw a shadow across his entry. He said that this was a matter of light and that he.
was not happy about the garage into the encroachment. He stated that the other half duplex had
received no notice of this and are very much against it. He went on to say there were one-car
garages all along that street and that ? ofle:ctr garage, wit[t!! proper setback, would make the
iight -situation ealier. He stated that this project was within 7-8' of his house and that one of his
bedrooms would look right into the wall of the garage.
John Scholield was sympathetic with the neighbor, however, supportive of getting cars out of sight.
John was not sure the existing tree should rule the design.
Mel Brody stated that this was a rental property for 15 years and now the owner was moving in, He
stated that the cars have been a problem over lhe years.
Gene Uselton, though reluctant to cut the tree, stated that where the garage was proposed, he lelt
that the tree would ProbablY die.
Greg Amsden said the garage should be placed to minirnize the encroachment and that he was not
so a-ttached to that tree. He-did caution that with a one-car garage, the applicant could puf paved
parking on the west side of garage, which would give the adjacent property owner a car sitting in
front of his house.
Mel Brodie said that would not have the light impact.
Greg Amsden suggested several pine trees as mitigation.
Galen Aasland suggested the applicant coming back with the mitigation of trees.
Planning and Environmental Commission
Minutes
Decernber 16, 1996
FIL E Ct}pv
75 South Frontage Road
Vail, Colorado 81657
970-479-2 I 3 8/479-2 I 39
FAX 970-479-2452
January 17,1997
Crcg Amsdcn
Amsdcn. Davis & Fowlcr Rcal Estatc
500 S. Frontagc Road East, Suitc I l2
Vail, Colorado 81657
Department of Comrnunity Development
RE: Tall Pincs Subdivision
Dcar Grcg:
Thc Public Works Dcpartmcnt has complctcil thcir rcvicw of thc proposcd Tall Pincs minor
sub{ivision rcqucst. Thc following commcnts wcrc providcd by Crcg Hall, Town Enginccr with
thc Town of Vail Public Works Dcpaltmcnt:
L Thc drivcway plan statcs that thc drivovay is 20' in width. Thc drivcway varics in width
from 20' to ltl' up to Lot B and from 16' to 12' to Lot A.
2. Thc proposcd drivcway configuration providcs no arca for a landscapc buffcr bctwccn
your propcrty and thc adjoining lots.
3. Thc ccntcrlinc for drivcway gradc dctcrmination docs not follow thc ccntcrlinc of thc
drivcway.
4. Thc gradcs for the drivc arc not concct. Thc gradcs arc off by I' at thc bcginning, causing
thc drivcway to cxcccd l0%o.
5. Thc rcgrading for the drivcway cxcccds 2: I in various spots in the acccss tract and along
thc west propcrty line.
6. Acccss may nced to bc modified bascd on Firc Dcpartrnent rcvicw.
7. Pleasc providc a guardrail on thc downhill rctaining wall along thc south propcrty linc.
8. Acccss for Lot B off of thc combined drivc crcatcs grading problcms'
g. Grading docs not takc into account how drainagc and dcbris flow is conveycd.
{g *""'""'o'uo
. ,- - fl r! t:.1
g'"{r6ffiul uny qu"rtions or concerns rvith rcganl to thc information addrcsscd in this lcner.
as af ways, plcasc do not hcsitatc contacting Grcg Hall al"479-2160.
Sinccrcly,
lL*,-Q-**-a
Gcorgc Ruthcr
Town Planner
CR/jr
cc: Grcg Hall
oo
FIL\:1i}Y
75 South Frontage Road
Vail, Colorado 81657
970-479-2 138479-21 39
FAX 970-479-2452
D e parn ne nt of C o u mrunity D eve lopt ne nt
Octobcr 30, 1996
Grcg Amsden
Amsden. Davis & Fowler Rcal Estatc
500 S. Frontagc Road East
Vail, Colorado 81657
RE: The proposcd minor subdivision of the Schrygqlgglglfy
Dcar Grcg:
On Wcdncsday, October 30, 1996, I mct with thc Town of Vail Dcvclopmcnt Rcvicw Tcam and
discusscd your proposcd minor subdivision of thc Schmctzko propcrty.
As promiscd, I discusscd with thc group thc submittal rcquircmcnts for thc proposcd minor
subdivision. Thc purpose of this lcttcr is to inform you of thc submittal rcquircmcnts. The
following is a list of submittal requircmcnts in addition to thosc listcd on thc minor subdivision
application:
l. Plcasc submit an amcndcd Hazard Rcport idcntifying thc gcologically scnsitivc arcas on
thc sitc and thc possiblc impacts poscd by thc hazard.
2. Thc Town of Vail is rcqucsting a pcdcstrian cascmcnt across thc northcast corncr of the
property to accommodatc an cxisting pcdcstrian trail.
3. Plcase indicate on the proposcd plat thc two building cnvclopes for the primary/secondary
residcnces.
Please provide a detailcd drainage report. The report should addrcss surface flow
drainage abovc the Schmetzko property, as well as drainage flows on and below the
propeny.
Please submit, along with the Hazard Report, a proposed prcliminary driveway and
grading plan, Thc purpose of the driveway and grading plan is to understand the impacts
of the driveway and grading on thc potential debris flow, as wcll as address access to the
site. The preliminary driveway plan shall include a driveway no less than 20'in width.
4.
).
{g rr"r"r"o ru"*
oo
6. An cascmcnt will nccd to bc plattcd to accommodatc cross acccss to thc northcrly lot.
Plcasc indicatc thc proposcd preliminary location of thc cross ccccss cascmcnt.
Along with you application for a minor subdivision, you also ncd to submit an application for a
variancc from thc subdivision regulations. As you are aware. thc subdivision regulations rcquire
that all lots plattcd in the Town of Vail havc a minimum strcct frontagc of 35'. I do not bclicve
that you will bc able to accommodate this requircmcnt, and thcreforc, a variance will be
necessary.
Should you have any questions or conccrns with regard to thc information addresscd in this letter,
as always, plcase do not hesitate in giving mc a call. You can reach me most easily at479'2145.
Sincerely,
f,, q-A.tn"
Gcorge Ruthcr
Town Planncr
GR/jr
xc: Grcg Hall
Tom Moorhcad
Town of Vail Community Development Dept.
c/o George Ruther
75 South Frontage Road
VailCO 81657
Date: November 18, 1996
RE: Request for Minor Subdivision and Variance
Tract A, Vail Heights, Filing 1
Robert D. Hunter is requesting the following items:
1. Replatting the two existing parcels (Tract A and a 1-acre Metes & Bounds parcel)
into two primary-secondary lots.
2. A variance from the subdivision regulations requiring a 35' minimum street frontage
for all lots platted in the Town of Vail.
Site Characteristics:
The property is made up of two parcels - Tract A, and the main unplatted tract. Tract
A s southern boundary is about 51 feet of frontage along Chamonix Lane to the main
unplatted one acre tract.
Brandyrine Trace, a condominium fourplex, borders Tract A to the west, and Pine
Ridge Townhouses form the boundary to the east of Tract A. The main unplatted
portion of the property is nearly square in shape and has dimensions that approximate
218 feet by 200 feet, or 43,560 square feet, as recorded. The Unplatted Tract is
bordered on the west by the Garmish Townhouses and on the north by BLM land.
Vacant Land and the Pine Ridge Townhouses form the eastern boundary of the
Unplatted Tract, and the Tenterrace Condominiums, the Brandywine Trace and Tract
Aform the southern boundary of the Unplatted Tract.
Description of Request:
The proposed minor subdivision shall create two primary-secondary lots, each lot
containing approximately one-half acre. A portion of each lot is located within the debris
flow hazard area shown in Exhibit 'ff (a topographic survey by lntermountain
Engineering on file at the Community Development Dept.). To ensure future
development does not conflict with said hazard zone, the applicant is proposing
specified building envelopes located outside of this hazard zone. This will eliminate any
conflicts or concerns regarding mitigation as future structures will not increase the
hazard potential on any neighboring properties. Applicant shall provide the Town of
Vail with a site specific hazard report on or before December 10, 1996, from Arthur
Mears regarding the channeling of the debris flow through the proposed access
driveway on Tract A. Mr. Mears will be in Switzerland until December 1, 1g96. In a
conversation with Mr. Mears on wednesday, November 13, 1g96, he stated that the
existing debris flow report on file at the Community Development Department should
provide sufficient information if the building envelopes remain outside of the debris 1ow
hazard shown. He also agreed to draft a site specific letter upon his return addressing
any mitigation that may be necessary with respect to channeling debris flows into the
proposed driveway on Tract A.
Applicant shall provide the Town of Vail with a ten foot wide pedestrian easement
through the northeast corner of subject property to ensure continuation of the north Vail
Valley trail system. In granting this easement, the Town of Vail shall indemnify
landowner against any losses due to usage of the trail and shall prohibit any
improvements on same.
A drainage report, completed by Intermountain Engineering, and driveway grading plan
is on file with the Community Development Department. Applicant shall bJresponiiUte
for showing drainage flows down to Chamonix Lane, but assumes no responsibility for
showing drainage on chamonix Lane, a dedicated street in the Town of Vail.
Applicant shall create a general utility easement on Tract A (shown in Exhibit B) at such
time as details are worked out with the associated utility companies regarding tieatmentof future. emergency access to those utilities through the driveway surface afterconstruction has occurred.
Justification of Variance Request:
The requested variance does not affect or conflict with other existing uses or structures
in the vicinity. The variance requested is unique to the subject property and is caused
by the narrow nature of Tract A (53' frontage on Chamonir tan-e1.
' Trict A is the only
access to the one acre portion of this property. The existing primary-secondary usagi
corresponds with lots on chamonix Lane, st. Moritz way and Garmish Drive.
Relief from the strict application of the 35' minimum street footage required in thesubdivision regulations of the ToV is wananted in this case due to two factors:
1. The unique circumstances of hazards affecting this parcel; this parcel is located in
the direct line of this debris flow channel.
2. The unique nature of the site where 89% of the land area is situated 120' from the
nearest street and the only land connection to the street is via a tract of land with
53'frontage on said street.
There are no negative effects on lights and air, distribution of population, transportation
and traffic facilities, public facilities, public utilities and public safety. Although the relief
from the 35' street frontage requirement will dot affect public safety, the development of
a maximum 806 grade driveway from Chamonix Lane to the newly created lots will have
a positive impact on the public safety of the area as a driveway cut will create a natural
channelfor the debris flow.
E)(t{tBrT "A"
LOT 6
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LOT 15
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ooDENSITIES OF SURROUNDING PROPERTIES
Lol
(Vail Heighls)
1
2
3
4
Approximale'
Acreaoc Zoninq"
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
P/S
Exisling Number
of Dwellinq Units
6
10
ll
10
Approximale'
Density
(DU/Ac)
12
20
zz
20
22
30
22
12
11
11
12
Undeveloped
5
Undeveloped
B
Undeveloped
4
.5
.5
.5
.5
.32
.32
.4
.5
.6
.45
.45
(Vail Das Schone)4 .18 .
5.2
6 .187 .16I .18I .18
11
12
13
t4
15
19
20
' Without complete survey inlormation, slafl estimaled the lot sizo using lhe adclress map ancl
comparing the lots above lo lols in tho vicinity which stalt had survey informalion on.
" Primary Secondary zoning allows lor two dwolling units per lot having a minimum ot 15,000
sq. fl. On lols less than 15,000 sq. ft., one dwelling unil plus a reslriclecl errrployee housing
unil are allowed ll lhs EHU is approved by lhe DRB.
t
TOWN OF VAIL RI,cEt'FT No._-----
DEPARTI\l ENT OF Colt U U^-ITY DEITLOPITtEi\T
ADDR.ESS DATE
FR(}TECT
CHECNS M^DE PAYABLE TO TO\\'IY O F YAIL
ACCOT T!iO.ITAM No. - TAX- --: COST D^. TmAL
0l 0000 41540 ZONING AND ADDRESS MAPS s5.000t 000042415 UNIFORNiffi''-_s54.00
0 0000 42415 UNIFO $J9.Otl
0 0000 4241 5 UNIFORMMECHAM-$3 7.00
0 0000 424 r 5 UNIFORI4 FIRE CODE s36.00
,oo00 424 t 5 NATI ONA L E L EC TR]EATIODE s I7.00
0 oo00 424 l5 OTIIER CODE BOOKS
0 oo00 41518 BLUE PRINTS (T4YI^RS)-s7.00
L_q.oo00 42412 XEROX COPIES s0.25
0 oo00 42412 STUDIES
0 0000 42412 TOVFE --s5.00
0 u)00 42i 7 1 PENALTY FEES / RE.INSPECTIONS
0 0000 4l]32 PLNN REVIIJW RE-CIIECK FEE [S4O PER ITR.]
0 0000 42132 OFF IIOURS INSPECTION FF-ES
0 0000 4t1t2 CONTRACTOR S L I CTFI SESFEES
0 0000 4l4ll S I GN N P PLI C N-TI OTI_FEE s20.00
0 000041413 ADDITIONAL SIGNACE FEE [S I.OO PER SO.FT.I
0 oooo 42440 vTC ART PROJI:CT DONATION
0 oo00 4l i3l PRE PAID DESIGN Rl:VlEw BOARD FEI:ol oooo 42371 II\n/ ESTIGN TION FI].I: ( BUIIDIFIE]
IL
AI
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7
0 0000 413i0 ;I'ICIN L DEVELOPJ\,IENT DISTRICT tN_'EWI 51.)0u.u00l0000 4 1330 S PEC I AL D EV E LO P M E N T D I S TR I ET]NIAJoR_NTE ND-51.000.00 EE0l000!-4t330_{TEctAL DEV s200.00 t
r;l t.t7 -urOu 4l jiu SIztBDIVISION z5D.oD
XTFE€[EE4I3tsU VAzuANCE s250.000l0000 41330 ZONINGCODEA]iffi 5250.000l 0()00 4t3,10 RE - ZONING 5200.00
OTHER
t-t OTHER @
nrf)
coMMeors,
GASE t l cr'o1 r,1. oLl nrr.sv: ly'l
P.i,3
o'dock_ M.,
Rocor.lrr.
WARRANTY DEED
TlnS DEGD, Mrtc rlir 13 th cby ot Deecnbcr
bclrcea BenJ a.nt n Chcang
ot tll3 County ot Eagle
$rnbr, aatl Robalt D. HunCer
rod Stlr. ol Colorado
,19 96
wlrt lold rddrs.t ie 2239 Charnonj,x Lanc. Vail, Colorado BlG57
of thr_Cgunty of Eagle rurt Strte ot Colofado . crnntcc;lvlTNrtssEiFH, Tt$t 0ri grruror, for aud ir .o^i.ii,Ii-di Ii rr* ..r, or nro Hui$Diii'it ' THousAlrD Ar{D
NO/ r00
---------DOLLARS.(S200.000.00 ).the rrcoip rnd ruffici$ncy t|l'wbich is bcrcby nc*nowlcdgcd, h s trntrtcd. bnrgaitcd, *oltl rnd colvcycd, rl|d by thor! prcscrL.
dosr gtatl, blrslin. sBlL colvcy md conlirn, urln thc grnr€t, hir h,rirs rnd a*rigw forcver. ell rbc rcat proprxry lo$ctl|ef wilh
ilnpruraqr*otr, lf rny, rilu.r€. lying erd bcing iu urc county of Eaglc , rutl shte of colorltlo.
dcraribrd u follows:
SEE TtrE ATTACHED EIIILDIT "AII
rl:o lnora by ttrs:r md numb.' a3 2239 Chamonix Labc, Val1. Coloraclo S16S?
IOGBIIIER with all rnl sirgutu oo hcrc(rihncnt, end .ppur&lrrnccr uErcurro bclongurg or in enywirc appcrlriuiry rxl
tla r3vattion ]rd rcYqrsloos, &ttri[dcr rnd nnoildu;s. ,ulrLr. ir*uer url prol-rtr lbcnof, rrxt rll the cstiltc, rilht, tittc. irltcrr:rt,
chi,|r |od dcmrnd rrhac(rvq of lhc grantur, ciUEr in taw or c.luity, ol, irr ud to rh€ bovc blg,rinc<l prcmi$c,r, wjrh tlxt
hqrditrE!|ltr a(rd appurtcrntrBr.
l'O HAVE AND TO HOLD lhc ni<l prcmircr rbow befldncd d dcrcdbrd. ryilh 19 rfrputlerntc€.., urrtq lG graotcc, lrir
lwirr rnd rr*ijnr fo]t.voJ. Ar|(l tb? SlrDtOr, fof himtatl bir hcin rnrl Jrrronal &pn$rtativcr, (b!rr coec$rl1t, grtut, barg!fu ad
rSrE lo trtd t'il! l|rc Btrnls!. bir ll:irc ud a$LDr, tlut rl &u tirns oI tlr unroelin6 md dslavu.y qf tbcrc pr6srrc. he is rrcl!
rsfua{ ot h pcarircr bov€ convcrtd, hrr gwtl. iur€. Ircrloct. tb*olutc :trd io(hfGorilrls citrlc of iol|critrocc, in law. iuftt riDpL' tnl brr goorl d![r. lutl powc( md lNwful tl|or it/ ro tmD:, lr|'tein, scll errl co v3y tltc r nc i |||rmc] n d forfi
sr rfOf0rrid. sod tbrl tbc ramc crc frq: rDd clrlr lrum rll founcr iurll olfiqr grnk, bargrilr, crls!, lictrs. tgar:s, nli.srmc5lt.
e]|cudtbr|occr t|[d rliuiclio|tr of eh|lcycf hlrd or ||rturc rocvet. ol$tpt lor brtt fo? thr surrut yc:tr, ! llsn lrut not yct atrlg
ut pr;'ebh, rosuncttt, r.rtltlsuons, teslrrrlloh*r corlr$rntt rud tlghta-of-wet| oI rcourd, if rnr, -
Tbc grmmr rbel urd sill wARl(ANf AND FOREVER Db]END thc lboyc-lruBlirrcd prcrniscs lD lhs quicr otd peacclbh porscg
Fioo of lh3 gr|otsG, his hcirr ucl ucignr, r3rinrl, rll rrrtl cvcry prcrron ot prrfonr hwlulty clrioirtg rhc wltolr or rn, patt $crsJl.
Thc rinjdu nuarbcr *hdl irrcludc lbr plural, hc plunl ths silgulor, rntl rhc rrsc of ouy gcndcr lhrlt bc applicrblc to alt gcnrtcr*.
IN W,TNE!$ WHEnEOF. tlrc gr:ntor lrar .rccutc(t rhiF .t'".rd on thc dre rct fodh rbor!,
I
) r".
)
br,lbr! urc Urili 1l Eh d{v uf Dccember ,t995.by
"'(:,ollisiel ,!cnl.
C. Richtcr
irfr#
f'ht 1r | ??fi.('
DEC 13 ',136 @E:53PN STG IZOTH P.3/.3
EXSIEIT A
DescriDti,on of Reli$quisbcd Dropert,ics
.. .PTECBL A:
' A.rrrcc o! land locat.d ln rhe souEh ons-hirf. (gr/2, o! ghe ggrrthcart
one-quarEQr (sBr/+, ot srction lt, tounsbip s so\rBh, R|nga 81 wrsE of
Ehe frxEtr rryrqllll qcriallsn, rrcra gilrslc{larry dcscribed.as folllra:
. B:gilnln!: rE Ebe Irorthcert dotner.of chi.sorrgbu.rE ome.quart€r (Sr1/.l. of. thc SouEherB3 s6q-{ulrter (sEl,/al of satd Src!.lsn rri
_t1rcnqo. weiEe-ry rrong she'[ortbirly lisc.o! rrld southgest ona-quEatea
. !g!r/at of tbs SouEherst.eng-quarter'(sEt/rl brarlng Soutb 86.20'.lfeEg. t dtrtanca of 15?.00 teer rO a pointl
thencc Sourberl . ilqrg ! llr3 182.00 fcce Cirtmt fron and p.rsllel Eo. thg EasE'linc o!:reld southrcqE.ods-qugE3r.(swl/tl 0! tbe.southcart . .. one-quri.ccr (tigl/f),.a dtrlrritr o! zoo.Oo !ccr, to r polnc,
".ahenca Barccrly r dlitincc of f5?.!0 !.or ttong a llnc 2O0.0O ttet.i... dirtsr4t !rou. and. parallel Ld thc'Iortlr.ttnr'ol sltal SouEhressoDe-quarEar (S||l/f) of. EhG SgustrcrsB qn6-(grlrErF (sE1/4, to a polnr on '
tiii;llt:"1#i" on a lin p.rruel ro th. nosrh ltno of thc sourhrert i.. ode-qurrser (S?1,f4) o!. thc .So\rthcast qr.:qul|lscE (SEf/{t o! rdcsion. It,, r dlrtence.ot S0.t5 troc Eo a poLGr
thcncG trofEbesly. rnd garalhl rlth the ret!. line of chr g.iE gnc-bal!'. .:(ELf zl gf .rhc SouEh.!|g one-qu.rtla (SEt/tt Ot !a{d Scctlon 11, a.dlst|ner gt 200.90 !r!t ro chc golnr ot lBtdrrcsEior Jlth tha'crtoasloo of Gh.. ltorBh u.ne of ihr sootruor" 6rp:quaaE"r (sHl/t) of '. . th€ -Sor|chr|sc one-qrsstlr (SB/r) o!. taid Bcciion 1Ir .
, thcace.lfsstgfl g! r dclt.ctlrr! angh lcft ot tjtzI:OO" t:,ong,sha'. .).tenf lon of thc ,l(orth linr 0l tb. , soughrsrg o4}-rlu!!ter (sHl/() of .thc.Snrsbil's onc-qrt'lsr,er (SEViI. of .ratd EreEloo'11,'e Orsienco oc
!0,9! !€€G to the horthalrE corB.r. o! chs sguthrrest q.c-qu"r."r -
.lSU711 of the souEharsE orr-tiuas3cr (sEt/r) of sccrion 1J,; b6tng Ehs' '
. . Pofnt.of 8aglnntng-'.Couory of Eagle.i geetr of..Cblorado..:
t.
'---+
crs for
t.Charles Boonc
73 McCann Drive
Ottsville, PA 18942
Mary Boyd
2199 Chamonix Lane #l
Vail. CO 81657
Dcrek Brock
836 Lakeside Drivc
N. Palm Beach, FL 33408
Jcffrey Christensen
2308 Garmisch Dr. #A
Vail, CO 81657
Morris Durce
139-l Apache East I.H.
Granbury, TX 76048
Robert Enright
175 E. Delawarc Pl9007
Chicago,lL 6061I
Daniel Fuller
2199 Chamonix Ln #6
Vail, CO 81657
John Hall
1206 Welbourne St. #2
Johnson City, TN 37601
Susan Heiderer
2199 Chamonix Lane #18
Vail, CO 81657
Theodore Hingst
P.O. Box 2281
Vail, CO 81658
Sandra Hom
2308 C Garmisch
Vail, CO 81657
6.
7.
2.
3.
4.
5.
8.
9.
10.
11,
12. Prcston lrcm
2199 Chamonix #20
Vail, CO 81657
13. WilliamJollit
P.O. Box 21535
, Avon. CO 81620
14. Jerry Kurtz. 2249 Chamonix #3
Vail. CO 81657
15. Gordon Ling
P.O. Box 2074
Vail, CO 81657
16. PatrickLynch
Vail, CO 81657
17. Phyllis Mango
2249 Chamonix Ln Unit4
Vail. CO 81657
l8. Konrad Obcrlohr
2656 Davos Trail
Vail. CO 81657
19. Richard Petrillo
2199 Chamonix Ln I I
Vail, CO 81657
20, Pine Ridge Townhouse Homeowner
P.O. Box 2135
Vail, CO 81658
21. Reaut Corporation
512 Main St. #41I
Fort Worth, TX76l02
22. M. Reed
P.O. Box 3182
Vail. CO 81658
23. Philip Robbins
2199 Chamonix Ln 19
Vail. CO 81657
24. Jack Sanders
730 Hobbs Rd
Jefferson City, MO 65109
25. YvonneShappenfield
543 Carberry Hill
Brighton, MI48l 16
26. Cecil Spadafora
275 William St.
lndiana, PA 15701
27. Gina Tobey
1630 Ogden Street
Denver, CO 80218
28. Vail Chamonix Partners
10646 Thomton Rd
Stockton. CA 95209
29. Bryan Wachs
2269 Chamonix Ln #3
Vail, CO 81657
30. Paul Wilson
2199 Chamonix Ln. #10
Vail, CO 81657
31. Cynthia Walt
352 E. Meadow Dr.
Vail. CO 81657
32, U.S. Govemment
c/o Bureau of Land Management
50629 Highway 6 &24
Glenwood Springs, CO 81601
F:\EVERYONE\JUDYR\ADJACENT. I I 2
,n f , " " i"rit_if ft L
You R P H oPt "tf
NOTICE ls HEREBY GIVEN that the Planning and Environmental commission of the Town of
Vail will hold a public h";*S inii.orO"nc"ditn Section 18'66'060 of the Municipal. Code ol the
Town of Vail on Oe""t-Uei iO, f S9e, at 2:00 P.M. in the Town of Vail Municipal Building' In
consideration of :
A reouest tor a side setback variance in order to construct a two car garage, located at
asCz'streamside Circle EasvLot 15, Bighorn 4th Addition'
Applicant: Lillian and william Bresnahan, represented by Kathy Langenwalter
Planner: Lauren Waterton
A request for a minor subdivision to create two primary/secondary lots and a variance from the 30'
ninimum frontage t.q-rTi.i".nil rotateciizssg Cnambnix Lane/Tract A, vail Heights' Filing 1'
I<ffiticant: Robert Hunter (AKA Schmetzko), represented by Rick Rosen
f,Bnner: George Ruther
A request for a variance to allow for two satellite dishes, located at 2099 N. Frontage Road WesV
Vail Commons.
Applicant: KTUNPlanner: Tammie Williamson
A request for a review ot a new water storage tank, located on an unplatted parcel of land in East
Vail.
Applicant: Eagle River Water and Sanitation District
Planner: Russell Forrest
A reouest for a minor subdivision to relocate the common properly line between Lots 7 and 8'
i;;iea;i Obg anO 696 Forest Road/Lots 7 and 8, Block 1, Vail Village 6th Filing.
Applicant: Neil and Nancy AustrianPlanner: Lauren Waterton
A request for an amendment to the condilion of approval for the Town of Vail Public Works
expahsion pertaining to employee housing at the site.
Applicant: Town of Vail
Planner: AndY Knudtsen
A request to amend Sections 18.27.030, 18.29.030, and 18.30.030-of tl9.1.9llLq,Cl* to allow van
stoia'ge/transportation related businesses in the Commercial Core 3, Arterial Business' and Heavy
Serviie Zone Districts as a conditional use and add Sections 18.04.415 and 18.04.385 providing
definitions lor vehicle storage yard and transportation business.
Applicant: Town of VailPlanner: Dominic Mauriello ,,l,llt
The applications and information about the proposals are availab]e lor Public, insPection during
reguldi office hours in the project plannels office located at the Town of Vail Communlty
Deivelopment Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notificalion. Please call 479-21 | 4 voice or 479-2356 TDD \ ^\Crt,forinformation. . (l n ,t \71 ['-
Community Development Depadment ,r X/d[{ry; 0 / ' \
Pubtished i\ovember 29, 1996 in the Vail Trail. M () \T,llSt
(t)15^",\,o
,-1 -r
lt!.i{ccft propgf.i{rrcrs for l{obpd1=lilmq'(AKA $clrm'fi\: I l.t,f*,frogitancdTb'--
lallorv Q1;aro-satcllit\dishc.s,-l6cntcd at 2099Nr Frbtttagc RoltNV/-Vlil Conrmons.
L
2.
3.
'4.
Charlcs Boonc
73 McCann Drivc
Ottsvillc, PA 18942
Mary Boyd
2199 Chanrorrix Lanc /l I
Vail, CO 8l(r57
Dcrck Brock
836 Lakcsidc Drivc
N. Palm Bcach, FL 33408
Jcffrcy Christcnscn
2308 Garmisch Dr. #A
Vail, CO ttl657
Morris Durcc
139-l Apachc East l.l{.
Gmnbury, TX 7604tt
Itobcrt Enright
175 E. Dclawarc Pl 9007
Chiclgo, lL 60(rl I
Dnnicl Futlcr
2199 Charnonix l.n #6
Vail, CO 8l(r57
John Hall
1206 Wclbournc St. #2
Johnson City, TN 37601
Susan Hcidcler
' 2199 Chamonix Lanc #18
Vail, CO 81657
Thcodore Hingst
P.O. Box 2281
Vail, CO 81658
Sandra Hom
2308 C Garmisch
Vait, CO 81657
(t.
1
8.
9.
t0.
l;
11.
\
12.Prcston lsorn
2199 Clrarnonix ll20
Vnil, CO ttl657
William Jollit
P,O. Box 21535
Avon, CO 81620
Jcrry Kurtz
2249 Chamonix #3
Vail. CO 81657
Gordon Ling
P.O. Box 2074
Vail, CO ttl657
Patrick LYnch
2199 Charnonix Ln ll2
Vail, CO 81657
Phvllis Mango
2249 Clrlrnonix Ln Unit 4
Vnil, CO tll657
KonraclObcrlohr
2(r5(r Dlvos l'rail
Vail, CO 81657
Richard l'ctrillo
2199 Chamorrix Ln I I
Vail, CO 81657
Pinc Ridgc Townhouse Homcowncr
P.O' Box 2135
Vail, CO 81658
Reaut CorPoration
512 Main St' #41I
FortWorth, TX76102
t3.
14.
15.
16.
17.
t8.
t9.
20.
21.
i;
i
22, M. Reed
P.O. Box 3182
Vail, CO 81658
23.
?4.
25.
26.
27.
28.
l'lrilip llobbins
2199 Charnorrix Ln l9
Vail, CO lt l(r57
Jack Snndcrs
730 l'lobbs Rd
Jcffcnion City, MO 65109
Yvonnc Shnppcnficld
543 Carbcny l-lill
Brighton, Ml 48 | l6
Cccil Spadafora
275 Williatn St.
Indiana, PA 15701
Gina Tobcy
1630 Ogdcn Strcct
Dcnvcr, CO 80218
Vnil Chamonix Partncrs
l0(146 Thornton Rd
Stockton. CA95209
llryan Wachs
2269 Charnonix Ln /13
Vail. CO tll657
Paul Wilson
2199 Chamonix Ln. #10
Vail, CO tll657
Cynthia Walt
352 E. Meadow Dr.
Vail, CO 81657
U,S. Govcrnmcnt
c/o Burcau of Land Management
50629 Highway 6 &24
Glcnwood Springs, CO 81601
29.
30.
3.1..
32.lll
F:\EVERYONE\JUDYR\ADJACENT. I I 2
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NoT|cElSHEREBYGIVENthattheP|anningandEnvironm-elt-q!CommissionoftheTowno|
Vait wiil hotd a pubtic hearing in accordanc_e *"itfr'Seiiioiila.ob.ooo of the Municipal Gode of the
Town of Vait on .lrt' ii, igdZ, "i ZOO P.M. in the Town ol Vail Municipal Building' In
consideration of :
A request for a variance lrom Section 18.28.070 (Setb-acks) and a conditional use permit for an
outdoor dining deck, to allow lor a deck.expansioiiii-Crossroads, located at 143 East Meadow
Drive/Lot P, 6lock 5D, Vail Village 1st Filing'
App|icant:MountainTop|ceCream(HaagenDaz),representedbyBi||PiercePidnner: Dominic Mauriello
A request for a conditional u.se permit lo allow for a Type ll EHU, located at 186 Forest Rd'/Lot
9, Block 7, VailVillage 1st Filing'
Applicant: Mike Flannery, represented by Russell Platt
Planner: Dirk Mason
\^A reouest for an amendmenf to a previously approved minor subdivision, located at 2339
^#hnatitonix Laneffract A, Vail Heights Filing #1'
rt Applicant: Robert Hunter, represented by Greg Amsden
Planncr:Gcorgc Ruthcr
A request lor a wall height variance of approximately two feet, located at 4093 E' Spruce
wayltots 4, 5, & 6, Block 9, Bighorn #3.
Applicant: Vail East Lodging Association, represented by Larry Summerlin
Planner: Dirk Mason
A reouest for a minor amendment to the SDD #2, to allow lor residential additions to Units D8'
OgihO OrZ (Northwoods), located at 600 VailValley Drive'
Applicant:Richard & Gail Barrett, Bert Nordin, and Jorge & Eugenia Riedel' represented by
Ray StoryPlanner: Lauren Waterton
A request lor a major exterior alteration in cc1 and a minor subdivision, to allow lor the
construction of a parXing!"rag", I
"i.ommodation
units, 1 condominium and new retail office
$il;rih; ilihoicaffifi;ri";, r"iiiJcit z-cr i. ebre creek Dr./Part of Lot A, Block 58'
Vail Village 1st Filing.
Applicant:PepiGramshammer,representedbyPierce,segerberg'&AssociatesPlanner: George Ruther
A request for a final review of a zoning. code amendment, to allow for ouldoor commercial ski
storaoe. as a conditional use and to allow for commerciai ski storage (indoors) in all building
levels'. located in the CCI and CCll Zone Districts'
Vail Associates, Inc., represented by Joe Macy
Lauren Waterton
Applicant:
Planner:
A request for a conditional use permit and a variance from section 18'22'1.40 (On-Site Requlred
parkinq). to attow for rn" oie?iion oi'a lealestate ofice In the Swiss Chatet, located at 62 East
Meado-w Drive/Lot K' Block 5E' Vail Village lsl l-iling'
Aoolicant: Johannes Faessler
Pidnner: Dominic Mauriello
A rcqucst for a conditional usc pcrmit and.a va{aryc to allow for an unpavcd parking area, to
,if".J f"it"if hcua pa.t ing. io"'ut"a ut Rcd Santlstonc Road/Parccl A, Lions Ridge Filing #l '
Applicanf loth Mountain Hut Association, rcprcscntcd by Peter [ndram
Planncr: Russ Forrcst
The applicarions and information about rhe proposals .ar-e aveilabb lor prbl'rc inspectionlylTg fe-sllatpqg" l$f in
irfipfffi;ffii}; ;ffh; tg.g:rJiiiiiJ r5*[ oi nai Gommunhy Dweibpment Depadment, 75 sot th F]ontase
Road.
Sign language interpretation evailable upon requeei wilh 24 hour notificalbn' Please call 479'2114 voice or 4792356
TDD for informalbn.
Com munitv Development Department
Published iune 27: 1997 in lhe Vail Trail.
oTi LL Pu/Eg
/
Fnort(:t o%a/?a7l Inter-Mountain
A*gineeringLrd.
PNOJECT
SUU|:Cr
ono,r, 5/'//r, R,p,a. s,tt:EtNo / aFl
Worksheet
Worksheet for Trapezoidal Channelyfr'LL c.ttn)ztc FEFaAEcrarc 0(l_ rfl L DAtv L
ProJect File
'Workstreel
Flow Element
Method
Solve For
c:\haesta d\lmw\proJecl3.lm2
Upper Channcl Flow belore crossing drive
Trapezoldal Ghannel
lJanning's Formula
Channel Oepth
Input Dala
MannlngsCoefficlent 0.040
Channel Slope
Left Sidc Slope
Righl Side Slope
Botlom Wldth
Discharge 34.00 cfs
Resulis
Depth O.75 fr
Ffow Area 2.61 ft:
Wetted Perimeter 5.34 ft
TopWidth 4.99 ft
Critical Depth 1 .36 ft
Criticalslope 0.027331 ttrtt
Velocity 6535) fUs
Vefocity Head -ZEf fr
Specific Energy 3.39 f:
FrouCe llurnber 310
Flow ls suoercritical.
Hrosled llolhodr, Inc. 37 Brootrid. Ro.d W.t..bory. CT 06708 {2O3) 75S t 666
Flril,lrste. t5.13
P.2€ 'l ol I
Colorado81620 . Phone: 970-949-5072 . From Denver Direct: 893-1531
o Lakewood, Colorado80215 o Phone: 303-232-0158
0.320000 rufr
2.000000 H : V
2,000000 H : v2.00 ti
6/iltrgt
Oa:olrl PM
77 Metcall Road . Box 978 . Avon,
1420 Vance Street
o
ltr Inter-Illounta,in
l*gineeringLrd-2 eF /
3000
I
20
fl 60
o 18z<)(J
r,1 16
c
lrJo-
F t4
hJL
z
v
hlo
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o
EQUIVALENT SPHERICAL OIAMETER OF STONE. IN FEET
fitur? rl.-Si!r ol .lo^a lhal 'rill tc.ltl di.plc..rl.ent lor ro out c.lo.ltic, o^d de optr,
TTMstcaltBoad'Boxg78. Avon,Colorado81620. Phone: 970:94}-SO7Z. FromDenverDirect: g93-1531
1420 Vance srreet . Lakewood, cororado 80215 . phone: 303-232-0158
nnotrcr TALL P
,u*0", Rlf R a r' 5/ 2/?6
o
tpE
on u,o, /y'*l A , a I' srEEr No
stl/^ EP- CHAtttlt eEFan kUZtv L
STONE WEIGH T, IN POUNDS
5000
4000 |
Pnort:cr No 7/A/",t
FOit sTor{E \TErG!t:t.'6ti5 18S.. PER Cu.FT.
AOAPTEO FROM REPORT OF
SUECOMI,lIT TE ON SLOPE
PROT ECTtON, ar.t. soc. ctvtL
EN6tfif, ERS pncc. uuNe-idqi
o/Et
RrP AAf
TftLt ft PnOJLCI No 76 e/?,9
:; r z ltG
PI OJECI
suNtcl
DAIE / BY
, lglksll".t Lower Channel Flow atter crossing drfue
.Flow Elamant Trapezoldal Channel
2,p Rat' Stz-ttzc
Worksheet
Worksheet for Trapezoidal ChannelLaqr.^R- cnAttuE c 4frtrRllt-d5ltr.G 7* E_ ORtvC_
s//rr I No 3 aF 7
FlonMast€. !5 13
Pego I ot I
i Mcurod Manning's Formula
Solve Fof Channet Depth
Cftanncl Slope
,
Lcll Sidc Slope
:Right Side Slope
Eottom Wldrh
0,100000 futr
2,000000 fl : V
2,000000 H : V2,00 frDbcharge 3 5.Oo cfs
Rcsults
Deplh
Flow Area
1.0't fr
4.08
Wctted Perimete. 6.53 ft
Top WidUr
Cdtcal Depth
Ctltcal Slope
Velocity
Velocity Head
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