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HomeMy WebLinkAboutVAIL VILLAGE WEST FILING 1 LOT 20 LEGAL12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be lochted in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. (Ord. 29(2005) $ 23: Ord. 30(1977) S 2) 12-GD-4: ACCESSORY US ES : The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of section 1!!ja!Z of this title. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidentalto single-family and two-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary forthe operation thereof. (Ord. 30(1977) S 2) -FF 12-2-2 banquets, and enlertainment functions, along wilh accessory lunctions such as lobbies, preconvene areas, and exhibition space. CONVENTION FACILITY: A building or portion thereof designed to accommodate three hundred (300) or more persons in assembly, but nol including a dining room or meeling room in a lodge, if the dining room or meeting room is designed lo ac- commodate less than three hundred (300) persons. CREEK OR STREAM: A body of flowing water indicaled as a perennial slream on the most receni USGS topographic map of the area, DECK, ROOFED OR COVERED: A deck that is protected from the elements via a roof or other similar covering. DEED RESTRICTION: A permanent restric- lion on the use, occupancy and transfer of real property that runs wilh the land and is recorded against the property in the Eagle County clerk and recorder's office. DEMO/REBUILD: The destruction, demoli- tion, or removal of fifty percent (50%) or more of the gross residential floor area of an existing dwelling unit or structure. The determination of the fifty percent (50%) shall be calculated upon "gross residential floor area" as delined in this section. DENSITY CONTROL: Any requirement of lhis title that regulates the number or size of dwelling units per unil ol land. DESIGN REVIEW BOARD (DRB): Design review board established pursuant to litle 3, chapter 4 of this code. 12-2-2 DEVELOPMENT: The construction. im- provement, alteration, installation, erection, or expansion of any building, structure or olher improvement in the town. DORMER: An architectural structure pro- jecting out from a sloping roof of a building designed to provide light, air, access, or interior volume to a space and usually con- taining a vertical window or venlilating lou- ver, having a gable or shed roof, in which the total cumulative length of the dormer(s) does nol exceed fifty percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. DORMITORY UNlt A type ol employee housing unit which houses not more than five (5) persons and includes common kitchen facilities, a common bathroom, anda minimum of two hundred fifty (250) square feet of GHFA for each person occu- pying the unit. DRUGSTORE: An establishment engaged in the relail sale of prescription drugs, non- prescription medicines, cosmetics and relat- ed supplies. DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units, including townhouses, row houses, apart- ments, and condominium units, designed for or used by three (3) or more families, each living as an independent housekeep- ing unit. DWELLING, SINGLE-FAMILY: A detached building designed for or used as a dwelling exclusively by one family as an indepen- dent housekeeping unit. DWELLING, TWO-FAMILY: A detached building conlaining two (2) dwelling unils, designed for or used as a dwelling exclu- J .eE ,=t _)> JB ,^ F) IJG ,4u-€5*+$j j{3 r)'ti )-tq -)\ I A cr \M I r.)6 ) I<l{l(€l ?)ldsl .Vra TH Elr 3ei August 2007 Town of Vail o sively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one fami$ as an independent housekeeping unit. EMPLOYEE: A person who works an aver- age of thirty (30) hours per week or more on a year round basis at a business located in Eagle Counly. EMPLOYEE HOUSING UNIT (EHU): A dwelling unil which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employ- ee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle Coun- ty, Colorado. ENVIRONMENTAL IMPACT REPORT A document oullining the effect of proposed development or action on the environment. FACILITIES, HEALTHCARE: A facility prin- cipally engaged in providing services for health mainlenance, diagnosis or lreatment of human diseases, pain, injury, deformity, or physical condition. FAMILY: Family shall be deemed to be either subseclion A or B of this definition: A. An individual, or lwo (2) or more per-' sons related by blood, marriage or adoption, excluding domestic ser- vants, together in a dwelling unit used as a single housekeeping unit. B. A group of unrelated persons not to exceed two (2) persons per bedroom 12-2-2 plus an addilional two (2) persons per dwelling unit used as a single house- keeping unit. FLOOD HAZARD ZONE: That area covered by the base flood. The base flood area is any numbered A, AO, AH, or area of 1O0-year shallow flooding indicated on the llood insurance rate map, associated work maps, and flood insurance study. The flood hazard zone is also any area indicated as "floodplain" as defined by the "Gore Creek Floodplain Informalion Report, 1975", as designated in section 12-21-11 of this title. FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base flood. FLOOR AREA, GROSS RESIDENTIAL (GRFA): See chapter 15 of this title for GRFA definitions, regulations, and require- ments tor GRFA calculations. FLOOR AREA, NET (Used Only For Calcu- lating Parking Requirements): The lotal floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. ( Town of Vail August 2007 I a-'z.- z- debris avalanches, and unslable soil, slopes or rocks. GRADE, EXISTING: The existing grade shall be the existing or natural topography of a site prior to construction. GRADE, FINISHED: The finished grade shall be the grade proposed upon comple- tion of a project. GRADE, INTERPOLATED: The reestab- lished topographic conditions of a develop- ment site expressed in two foot (2') contour intervals and determined by connecting surveyed spot elevations located al ten foot (10') intervals around the perimeter ol a property boundary and used in the determi- nation ol maximum allowable building heighl. HABITABLE: Any area designed for sleep- ing, living, cooking, dining, meeting or rec- reation as applied to floor area. HEIGHT: The distance measured verlically from any point on a proposed or existing roof or eaves to the existing or finished grade (whichever is more restrictive) locat- ed directly below said point ol the roof or eaves. Within any building footprint, height shall be measured vertically from any point on a proposed or existing roof to the exist- ing grade directly below said point on a proposed or exisling roof. HOME CHILD DAYCARE FACILITY: A residence or facility that provides regular care and supervision, for an entire day, for more than two (2) but not more than six (6) children from birth to sixteen (16) years of age who are not related to the owner, oper- ator or manager thereof, whether such facilily is operated with or without compen- sation for such care. Residents of the home under twelve (12) years of age who are on I z-z-z the premises and all children on the premis- es tor supervision are counted againsl the approved capacity. A daycare home shall comply with all applicable standards for childcare cenlers of the Colorado depart- ment of social services. HOME OCCUPATION: A use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof. INCLUSIONARY ZONING: A zoning obliga- tion based on the community's need for employee housing considering many factors and secondary impacts, including scarcity of developable land; rising home values; inadequate availability of employee housing in the market; and direct employee genera- tion impacts. INTERPRETIVE NATURE WALKS: Un. paved pedestrian trails with either fixed signs or marked poinls which are used to explain the natural flora, fauna, geology, geography, or history in the immediate area. This use would exclude all mechani- cal vehicles except wheelchairs and mainte- nance equipment. KITCHEN FACILITIES: Fixtures and equip- ment for food storage and preparation of meals, including a sink, slove, oven or microwave oven, and refrigerator and food storage facilities. KITCHENETTE: A room containing the lollowing fixlures and appliances only: a microwave oven, sink, and refrigerator. LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cov- er, shall be deemed landscaping together Town of Vail August 2007 t1-t+J 12-14-9: ARCEITECTURAL PROJEC. TIONS ABOVE IIEIGTIT LIM. ITr (Rep. by Ord. 22(1999) $ 6) 12.14-10: APPLICATION AND INTER. PRETATION OF IIEIGTIT LIM. ITS: Where a building is designed to have lhe appearance of separate, identifiablE structur€s joined only by lower portions of the same structurs, or adjoining lor less than twenty flve percent (25oh) ol the perlm- eter of the portion ol the structure to anoth- er portion ol lhe struslurE, each separate or id€nlifiable portion may be considered a separate structure for th€ purpose of deter- mining height llmits. Determination of por- tions of a structure having the appearance of separate, ldentifiable structures shall be made by the adminislrator. (Ord. 29(2005) $ 33: Ord. 8(1973) S 17.208) 12-14-11: APPLICATION AITD INTER. PRETATION OF LOT LII\ES: Where a lot or site does not hav€ frontage on a str€6t, or where access is by m€ans ot an easem€nt or other right over adjoining properties, by meane of an eldension of a portion of the site, or by means of a privet€ driveway, road, or stre6t, the line wher€ pdncipal access to lhe lot is attained shall be deemed the front lot line, and setback areas shall be detemined lrom said fronl lot line. A portion ol a lot or sits less than twanty feet (20') in width providing access from a street to the principal portion of the site shall not be used in calculating permit- ted gross residential floor area on the site,(Ord. 29(2005) $ 33: Ord. 8(1973) $ 17.209) tz-1,Ftz 12.1 4.12: HOME OCCI]PATIONS: A. Permit Required: The conduct of a home occupation, where permitted as an accessory use by the provisions of this title, shall be subject to issuance of a home occupation permit by the adminislrator. Application shall be made on a form prescribed by the administralor, and shall b€ accompa- nied by a statement fully describing the nature of the home occupation, including hours ot operation, equip- ment or machinery to be used, antici- pated number ol customers, clients or stud€nts, and other features of the home occupation. The application shall dEscribe In delail lhe manner in which the home occupation will con- form to the requirements of this chap- ter. B. Appllcation Contents: An application lor a home occupation permit shall be made upon a form provlded by the administrator. The application shall be supported by documents, maps, plans, and other material as requested by the administrator to evaluate ths proposal. Application materials may include, bul nol be limited to, floor plans, site plans, parking and tratfic circulation plans, verification of liability insurance, and title reports. C. Permit lssuance And Findings: After review of th6 application, the adminis- tralor may issue a home occupation permit il he/she finds that the pro- posed use wlll conform lo the raquire- m€nts ol this chapter, The permit may be subject to such conditions :s the administrator deems n€oessa:y to guaranteo operation of the home oc- cupation in accordance with the rE- quirements of this chapter and com- Sepbmber 2006 Town of Vail l/ I I 12-1+12 patibly with other uses in the vicinity. The administrator shall deny the appli- catlon if he/she tinds that the pro- posed use will not conform to the provisions of this chapler, or would be injurlous or detrimEntal to othor prop- eilies in th6 vicinity. Permil Time Limit; Renewal: Home occupation permils, when issued, shall be for a limited time perlod not exceeding on6 year. Permits shall be renewable upon application, subject to such regulations as shall be in effect at the time of application for renewal. The administrator shall make the same findings with respect to an appli- cation for renEwal as lor the original issuance of a home occupation per- mit. Requirements For Permit: Where permitled, home occupations shall b€ subject lo the following limitations: 1. The use shall be conducted entirely within a dwelling and carried on princl- pally by the inhabitants thereof. A home child daycare facility shalt be Exempl from lhis requiremenl to allow outdoor play areas. 2. Employees, other than inhabitants of the dwelling, shall not exceed one person at any lime. 3. The use shall be clearly incidontat and secondary to the use ol the dwEll- ing for dwelling purpos€s and shalt not change lhe residential character of the property and neighbofiood. 4. Th€ total floor area used for the home occupation shall not excesd one-fourth (tA of the gross residential 12-1+12 floor area of the dwelling, nor exceed five hundred (500) square leet. Home chlld daycare facililies shall not ex- ceed one-halt (112) of the gross resi- dential floor area of the dwelling, noron€ thousand two hundred fifty (1 ,250) square feet. 5. There shall be no advertising, dis- play, or othsr indication of the home occupation on lhe premises. 6. Selling stocks, supplies, or products on lhe premises shall not be permit- ted, provided that incidental r€tail sales may be made in connection wlth other p€rmitted home occupations. 7. Th6re shall be no exlerior storage on the premises of matErial used in lhe home occupation. 8. There shall be no noise, vibration, smoke, dust, odor, heat, or glare no- ticeable at or beyond the prop€rty line, as a result of the home occupation. A home child daycare facility shall be sxempt from this requirement to allow outdoor play areas. 9. A home occupation shall not gener- ate significanl vehicular traffic in ex- cess of that typically generated by residential dwellings and shall not interfere with parking, access or othor normal activities on adjacent proper- ties, or wilh oth€r units in a multi-fami- ly residenlial development. 10. No parking or storago of commer- cial vehicles in association with a home occupation permit shall be per- mitted on the site. D, Town of Voil September 2006 12-1+12 Inlerpretation: 1. For purposes of thls chapter, pro- vided that all requirements prescribed in this chapter are mel, th6 following examples shall be considered home occupations: a. Activities conducted principally by telephone or mail order. b. Studios and activities producing light handcrafts or objects ot art. c. Teaching and tutoring instruction limited to two (2) puplls at a time. d. DrEssmaking or apparel alter- ations. e. HomE child daycare lacility. 2. A home occupation shall not in- clude: a clinic, funeral home, nursing home, tearoom, restaurant, antique shop, velerinarian's ofllce, or any similar use. Permil Revocation Or Discontinuance: 1. A home occupalion p€mit may b€ revoked by th€ administrator if he/she delermines that the provisions of this chapter or lhe limllations prescribed as a condition of the permil are being violated. 2. A home occupation pemit shall become void if not used wlthin two (2) months of issuance, or if the use lor which it was issued is discontinued for e continuous period of slx (6) months. (Ord. 29(2005) $ 33: Ord. 17(20o1) $ 2: Ord. 8(1973) SS 17.301 - 17.306) 12-1+16 12-14-13: REGIILATIONS APPLICABLE TO PARTICULAR USES: The rcgufafions sel out in sestion 12-14-14 ol this chapter shall be applicable lo lhe uses lisled in that sgctlon in any zone distrlct in whlch the us€ is a permitted use or a condi- tional use. (Ord. 29(2005) $ 33: Ord. 8(1s73) S 17.400) 12-14.14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar us€s are allowed, lhoy shall be subject to the follow- ing requirement: Dwelling unlts In the same structure or in structures adJoining restaurants, bars, or similar uses shall have the right to privacy and th€ rostaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into edjoining dwell- ing unit or units. Windows may be tr€at€d wlth appropriate covering. (Ord, 11(2005) S 1: Ord. 19(1976) $ 15: Ord. 8(1973) s 17.401) 12-14-15: SIGN REGIILATIONST All signs shall be regulated in accordance with the provisions of title 11 of this code. The town council may by ordinance provide for lhE administralion and enlorcem€nt ot the provisions ot tille 11 ot this cod6 by the administrator or oth€r administrative official, and may provide for review and approval procedures pursuant to title 11 of lhis code by the design review board established by this tiil€. (ord. 29(2005) $ 33: ord. 8(1973) $ 17.500) 12-14-16: PROPERTY OWNER MAINTE. NANCE R.ESPONSIBILITY: Prop€rty own€rs shall be responsible for improving ths area from their property line G. Seflember 2006 Toum of Vail THE PEOPIE OF THE TOWN OF VA'L BY AND ON BEHALF OF THE PEOPLE OF THE STATE OF COLOFADO AF624V+ OeGndanl (l-ast NameJ (First)(Middlo)Dato of Birth l\ro.ww \4ofalJon Mo. DaY YL i fi f]3 r)-.r Yr, State Zip Code Vltrll. (O <ltllc:'l"iT"S$3i"i*oo"iho,,-$'ti6x<; City Strtc Zip Code Aoorox. _Iime ol violalion 9;fioem Oriver's Lrcense Number and TvoeqV-rnL-or\q Staie of lssue I RaceaDl Sex ^tl Herqht I We|qhr I Hair I Eves I Home T€l.ohone<{af(l - . gtutl Atr, utr.-t7L()1fr;;l Direciion ol Trave N S EW Employer Name FA4l.tr- r/Ar.tt y ("QitFi-rrnee Ernplover Addregs r?.39 Srcp.ruTonr'\/re,, 11 F) Business Telephone Vehicle license Nurnber and Type NA State of tssle I Colorirg I tlA Apprgr mate Locet.on of l,iolatrorlin rhe Town of V6il Slate of Colorado:vfi 11on i-?aQ -(rr:ooa Yoo.ir N,"t*.2-tlrt-6oa9) Ai nt€rs€ction with ) Betwe€n { (NA COURT DATE-zo,!]5., at l0lDpfm., you ar6 hereby summon6d and ordered to appear atthe vail Municipal Cou/r, 73 s. Frcntage Rd. w., vail, Coorado, rans\rrercharges'assta|edbelow.ofViolating1he|\,4unicipaLcodeoltheTowno|Vai'Whichareal|egedlohaVeoccune fTe+e.l---7----)I l$J""r',^ce"u"-11_____) | | careress oriv ro / |f-lffi.'' -7 I I crim,ral tPd ro eroceny IfT6rr6 rI LDEcept,ve Lse o'Sk, fac.trr,es _ I Secr on NumDer VloLation a16-I Po6session Liquor Underage,/ I l6-3c-6E r' | I Public Dsplay o'lz{sunpl or -Cannabs I---- "r" -7- PJblrc-y6fsance - Deposrtrng wasre vatenals I.-q----_'lI l€c*dirs-,tpt 'r, a . 1PIg^"_l+ (tPorary Assessment: ves l\o Arcrlt oolnrs --- T- Needlnt.rprerer Yes No Lansuase: llrrrlnrjr APPpr:,r-tar. Pr-o-.,.ulAq RairL?y.ca frtllrVnnts CIVILIAN COMPLAINT J 8'Zo7 i o c -{ f f--o a\r- m Um Ba mPenalty assessment violalions must be paad at t annprr.n.. in m,'d )t r .l 6=1"l'; E D .9 = =s!, iE I r.j \: I\nl {'\ {l* i \Si:! 'l I 3 C tl E E e J E!E!E:EESgBe2Eq4] '6 p A\ EAF.a ;-e g u iR9vi e?of eCCJ'.<N Iut ]qt lt< lPr- lXplbEtr!. * e{e--1 b l*,IEt: E.0 i3 loo t € o J ? oz J fo UTI()o F IEtoo E _9; 3o oo 9E ooo '6 Ir ID € :f,llli t-\ltnl ll l 6 :z i5 i B I Fjul It liEtltEt- 3 - 7,-9u 82\e*- =$EAE ?,sl .foul 5c{tr-l l zeF zri E .e = && l|.r ; a N'.'1 |ftlvt I 9P (J() I 'iD3t ^ur s E'qI !?o COMPLAINT FORM TOWN OF VAIL DEPT. OF COMMUNITY DEVELOPMENT Date lTime of Violation: a f o./ * /4r-*--t ,4"-(. Address/Location:/7'g? SrePl4 TPAtc v/A,( (0 Additional Notes: D+vr D l,.rsrtu D/B/.e €aate (L,u^,r.'r /2,4F73pt€^i /-1,/+S A^tD tcr^t7t^ldEs ro 0?€.447€ 74€ .,l6c>l€ D€st2t 4cn '//o-fCV'uT/d-4 Rr rlc ro"^l^t or ,4tc. r4 '/ 6F I o,v Yt trdt.t/( I tn ( B€€ ^/ td}4ptET€d lo Sr6f 7/€ ,w tv*e ';" fnJria fiS 6y'ee,r-,is AJ'7-D D4reS A^tD utrr*/€SsP\ Would you like to be conta,sted? Y€< - at"tD //1""s,4&/#s Contact Name: Co t Information (ie: e-mail, mailing address, phone or fax number) €b*rA /- AtD. Carvt. Qs4 zo.s ,DD 6fitt€4L7 7960 Violation: Fo.r',cJt-q<-\ o-P4 Ai pp,ot clo<-s do Town of Vail Community Development Attn: Susie Huxford 75 South Frontage Road Vail, CO 81657 97U479-2452 Fax D) rl re ,a r- n \\, f-lE fi, l-=, ll \Y lq FEB 2 J .;,iI TOWN OF VAIL %"*!^2\r 7r/, \J COMPLAINT FORM TOWN OF VAIL DEPT. OF COMMUNITY DEVELOPMENT ContactName: a(Ol13o &ata., a^ir-(, Ub;-Q, 'C_n t).re4J!o.-{"\r \-z \rvv( ) v w i \r/\/, Contact Information (ie: e-mail, mailing ad'dress, phone ol fax number)c] Date lTime of Violation: Violation: Address/Location: Additional Notes: \l Would you like to be contacted? Yl-4 vE[n\ il il iriu / ll il \:J VAIL r= ,A I-e n14vtstt FEB 2- TOWN ol nt\ \n Town of Vail Community Development Attn: Susie Huxford 75 South Frontage Road Vail, CO 81657 978479-2452Fax Officer's report 03t04t07 1739 Sierra Trail County of Eagle Vail, Colorado On0l/18107 at approximately 1359 hours, I received a call from Code Enforcement Officer Chad Gummere regarding a call he received from Vail Dispatch involving a cabinet making business occurring in a home at 1739 Sierra Trail, Eagle County, Vail, Colorado. Officer Gummere advised that he responded with a camera to this location but observed nothing pertaining to the complaint. Officer Gummere told me he spoke to the neighbor, Ken Bednar, of 1730 Sierra Trail. Offrcer Gummere gave Mr. Bednar my phone number and explained to him that this was going to be a Community Development issue. Mr. Bednar then followed Officer Gummere to the Community Development building to speak with me. Mr. Bednar introduced himself and appeared to be very upset. I asked him to come into my ofEce and explain the situation to me. He came into my office and started to explain. He became more upset as I questioned him. I told him I needed to research this situation and the history. Mr. Bednar asked to speak to my supovisor. I told him it was George Ruther and I would go see if he was available to speak to him. George was in a meeting and unavailable. I told Mr. Bednar that George was unavailable but I would have him call him as soon as he was available. Mr. Bednar was still very upset and told me he was going to speak to Judge Allen instead. He left my office. I went to 1739 Siena Trail. I knocked several times. At first, no one answered the door. I looked in the window of the garage and saw a garage full of woodworking equipment. I saw large saws, woodworking tables and benches, wood held together by clamps, sawdust scattered throughout the garage and large sheets of wood as well as pieces ofwood and constructed cabinets. I observed large pieces ofwood in a pickup tnrck on site. David Austin came to the door and looked surprised to see me. I asked him if he was conducting a business in his garage. He said no. He said he was doing work on the back of his house. I checked Permits Plus for a pennit pertaining to such work there wasn't a permit listed.I advised him of the complaint from his neighbor. I told him he is not to be operating a business out of his garage. He said he wasn't. I went back to the office and called former Code Enforcement Officer David Rhoades to fill in some history regarding this situation. I then located the file from Town Prosecuting Attomey lnga Causey. Mr. Bednar was with Inga Causey while she was showing me the file. On02/28/07,I was on routine patrol and noticed a sink and a large piece of cabinetry located at 1739 Sierra Trail. I took a picture with my phone camera. I spoke to Mr. Bednar via the phone. He said he was going to send a witness statement to me. He also would send a recent picture of a truck containing woodworking products. I received the picture via email on02/28/07 from Mr. Bednar's wife, Lori Heyer-Bednar. I sent an email on 0l/22/07 to the Vail Police Deparbnent asking theur to please drive by 1739 Sierra Trail at night to check for evidence ofa woodworking business since I am off work at 5:00 pm. Sergeant Mulson told me they did not observe anything when they drove by the location. I filled out a summons for Section l2-14-l2[ Ilome Occupations-Operating a Business Out of a Garege Without ApprovaUPermit on02/26107 and it was served to David Austin by Officer Jim Applegate of the Vail Police Deparfrnent on 03/04107 . KEI'iNEI'}I L. BEB:{AR LORT L.ITEYER.BEDT{AR ??94 N-E. 5r1l STREHT PO]\,IPANO BEACH. FTORTDA 33062 March 14' 1007 VIA FAC$IIVIILE TRANSMISSIO}i {9T0-477-14l 2 - Clerk} The Honorable Buck Allen MuniripalJudge Municipal Court -Town of Vail Vail Municipal Center 75 S. Frontage Road Vail. CO fi1657 Re: David Austin ("DefendNntr)- Hearing scheduled fsr 10:00 ail on l\'Iarch 15' 1007 Propcny location: 1739 Siena Trail, V*il, Colorado ("Propefty") Dcar Judge Allen: lVe are rvriting you this lettcr to advise you of tbe true nature and extent of the eontinuing activities occurring on rhc absvs-referenced Froperty, including but not llmited Io operilting a bnsiness in a residenrial neighborhood in viqlation of *pplicabk zaning ordinances. by the Defendant. David Austin. Unfortunalell-, it has become spparent to us that dre Court has:rot been supplied with all of the evidence and backgraund informarion cuncerning the ongoing code and eoning violations occuning at the Defendant's home located {t .|739 Sicrra Trail, Vail, llolurado. We belier*e that. once you arc fully advised ns (o the Defenciant's,'r-illlirl- conrinuing violarions, complete disregard for local zoning and code enforcement rcgulations, and ruiings of this C'ourt, you be as outrag;ed as we are. We own a honre located at 1730 Sierra Trail, Vait in Vail, CO which we purchascd in March ?004. Our horne is located adjacent to the ltonre and Propcrty owned by rlrc Defendant. David Austin. Prior to purchasing our home. we confirnred thraugilr local zaning/community development authoritiesand recordsthalnobusinesse$$erebeingopcratedinthcneighborhood. Duringthe summqr of ?004 we becams awarB of, and obsenrd. the Defendant. David Austitt sperating a tirll time large scale, comnrercial cabinctmakinglwoodworking business in the convened garage of his horne. We have and continue to rvitness David Austin opcrating large comncrcial wcodworking machines on a full time basis in ths commercial rvood shop assembled irr his large t\1,o c&r garag€. The Defendant's activities generate significnnt arnounts ef sn11,dust, noxiox; fumes and noise at all hours of the day and night which permeate our neighborhood and makr: it impossible for us to sit or work outside. The Defendant routinely operates various pieces of loud commerciai woodworking equipment (the size of billiad tables) which he hari asscmbled in his shrrpgarage. So large is the Defendan!'s ente1priss that he ha6 insralled o perma$ent commercial or,erhead vacuum bagging system to collect the sarvdust and liagments being The Honor.rble Eluck .Allen March 14- ?00j Pagc I gencratcd by rhe business. In addition, the Defendant has continuously utiiized his drivervay lbr the purpgse of setring up saw horses on r+'hich he lays dozens of large pieces of lurnbe r I'or staining and tlrying. Nol ouly is this activity unsightly. but it produces significiint amounts of noxious fumes which engulf our hornc and property rnaking it impossible 10 open orrr rvindows during the rvanner months. Onse rve learnexl ofthe tran re and extent ofthe defendants business, rve btougilt lhe probtenr to the attenlion of the appropriate Vail code en forcement oft'icials along rvith photographs af the Defendant's activitieJi on the Property. David Rhodcs. the tbmler chief code entbrcemcnt officer, inr,'estigated the problem pcrsonally and confinned that *:e Dcll'ldant rvss' incleed. engaged in rhc operation of a large commercial cabinet manufacrurin-q business rvithin his honreon the Propeny. On Novembcr.30, ?004, David Rhodeswrote the Defendant a ccase and desist lerter advising him of the illegal nature of his business. The Del"endant l'ailed to cearic and did nor respond to S{r. Rhodes letter. In eariy December of 2006, blr. Rhsdes agi}in rvrot€ to the Defendant and insructed him to cease and desist. The Defendant relirsed to do so and di<i not respond to the seeond letter. lnstead, on December 16, 2006 the Defendant fraudulently fillcd out arr application fbr a home business license. In filling out the application. the Defend*nt knowingly concealed th€ true nature and scale of hi$ commercial business from the person issuing the permit. Specifically, rhe Defendant, in completing the application, conlirmed that his business operations rould not gene rate noise, dust, fumes or smoke which would enter or permeate adjacent property" He also fraudulently represented that hi$ enterprise rvnuld not be visible t'rom the exrerior of the home, generate additional traffic. involve the use of commcrcial vehiclcs, operate afier business hours or change the nature and character of the Properry*' front that of a residential horne" The Defcndant knew at the tirne of his tpplication thai thc reprcsentations supplied in the application rvere false and that hc could not compll'u,'ith ths requirements necessary to obtain a permit. Further- given the Defendant's knowlcdge as to the large loud pieces of commercial equipment which he was already using" he had no intention of complying with the requircmcnts for obtaining a license. Therefore. the trxrmit obtiilnsd by the Defendant should have neter been issued. Upon learning of thc Defendant's receipt of a pernrit and his continued r.iolations of tire pennit. we notifred the appropriate Vail code enforcemerrt officials and advised tltenr of,the contifluing nature of the Dsfendant's activiries. We also made tlre ofticials awaff (rf tlte fraudulent nature of the Defendant's representations in applying lor and obtaining a pcnnit. The Vail c.ode enforcement oflicials permanently revoked the det'endant's permit in August,2005 ns u result of his continusd viotations of the reqr.rirements cf the pennit. tiince that linri:. th€ Defendant has continuously operated the above described commercial cabinet manufacturingirvoodworking business on the Property located at 1739 Siera Trail rvithout a permit. The Deftndant has, through the continued operatior ofthe business. generated dusl, noxinus fumes and noise which permeale our home and property. The operation of the business gsncrates large amounts of sawdust and debri.r, all ol'*.hich is placed in thc strcet for collectinn. Dcfendant has on many occasions intentionally placed many large garbage eans containing sawdust and woodworking debris, directly at the entry to our drivervay, thcreby blocking aco*ss l'he ilonorable Buck Allcn )rlarch 14. 200? Poge -l ro our prup€rty. Thc Defendant has houssd comm€rcial vehiclcs and large trailers used in the business, openly in his driveway and in the public roadwuy thereby blocking ingress"egrcss to our honrc. The Defendant hss also stored large quanlitirls of lumber, pnint, staiil, rvoodu"orking equipnrent irnd orher matcrials openly in his driveway and afi the exterior of his home thereby .reuiiog the sppearsnce rhat the Property is actually a commercial *'ood cabinet manufacnrring business. Furthermore. the Defendant's continued op€ralion ofthe business has and continues ro generflte commercial vehicle traf{ic on Siena Trail as the mw lunTber and tnaterials are delivered and the completed cabinetry and rvood fumishings are picked up for delitery. It is our underslanding fhat the Defendant has represented t<t this CoLlft et a pdclr hearing, that he had acquired a parcel ofreal prope*y outside the To$n ofVail aud was engaged in the co$$truction of a warehouse to house his cabinet making busine$. It is also our understanding that this repre$enration q'as made more thar one year ago and thal since that titne the llefendant has continuoru;ly operated the above described commercial business within hi.'i honre qithout a license. Ceorge Oregory, Esquire advised us that hc repressnts the Dettndant ir these Froccedingts' Follorving the Dcfendant's last appearance before this Coufi. Mr. Cregory specil'lcally told us thar he advised the Defendant to continue his operation of the busine$ on thc Property and that the Defendant should merely "put up sorne shadcs to conceal his business oFenrtion and ketp on working." We have learned that the motir,ation for Mr. Cregory's advicc to the Defrndant is that Mr. Cregory purchases cabinetry from the Dsfendant for use in his home rernodelittg business and does not want to increase the co$t of production. Mr" Cregory also advised us to ignore the issue because "we don t live on Forrest Road, where this would nev*r be pemrifted." We ryrend a geat deal of time in Vail and plan to be full dme resideots ver) soon' We believed when u.'e purchased our hqme. that we would be protected front the illegal opetatiotr of such enlerprises in our residential neighborhood. The Defendant's actiorts in contiruing to operlte his business dcmonstrate a complete lack of respect for lhis Court, Vail's ordinances and code enforcement lar*s and the rights of all adjoining property o\&'ners. Based upon the defendant's continuing, flagrant and continued op€ration of the abovc business al the Property, rve ask that the Court impose sufficient criminal sanctions to deter Defendant {tom continuing his conduct and activities. nsd L. Bednar Heyer-Bednar l?30 Siena Trail. Vail" CO Clerk of Court, lv{unicipal Court - Town of Vail Inga liaagenson Causey, Tolvn ofVail Proseculor Message DR. CODMV0000. CO0190100.TxT ATTN: CAR 252 QUERY ON:NAM/AUSTIN, DAVID DOB,/ 19 511018*** CCIC TNFO MAY BE USED FOR CRIMINAI, .'USTICE PIJRPOSES ONLY *** *** ONLY COIORADO DMV FIIJES WERE SEARCHED - COLORADO PIN = OIN *** *** CONFIRM !{ITH COOLNOOOO BEFORE TAKING ENFORCEMEI{T ACTION *** STATE OF COLORADO COLORADO DRIVER RECOR.D Page 1 of I DAVID STANWOOD AUSTIN 173 9 SIERRA TRAIL VAIL co 815 5? DATE z O2/26 / 2Oo7 TIME:15:20:43 INSI'RED STATUS : AIIAS: DAVID STANI{OOD AUSTIN ,lR COLORADO PIN: 94-096-0439 SSN: 063-44-6009 CDL CLASS: LICENSE NUMBER: 940950439 LICENSE TYPE: ADULT REGUI,AR LICENS HEIGHT: 5 09 WEIGHT: 145 ISSIIE DATE: 20030324 HAIR: BROWN EYES: HAZEL EXPIRATION: 20131018 DONOR: N SEX: MALE BIRTH DATE: 19511018 ENDORSEMENTS: MOTORCYCLE - RESTRICTIONS: PREVIOUS STATE AND LICENSE: REGULAR L]CENSE STATUS: VAIID COMMERCIAL LICENSE STATUS: NOT APPLICABI,E Jun\tul d/\ 5-t/-or tlt farc /'rr'n/0'f nt4^ L )o h<- Yu-z/ aal p,kh X.ue?h'o^4 Th a.b9 {;rr, ft - https://ccic l.state.co.us/newcom/retrievemessageservleVproxy.srvlt?msgreq:2&window:... 2126/2007 o 12-OD-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be locbted in the same zone district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. (Ord. 29(2005) $ 23: Ord. 30(1977) S 2) 12-GD4: ACCESSORY USES : The following accessory uses shall be permitted: Home occupations, subject to issuance of a home occupation permit in accord with the provisions of section 12-14-12 of this title, Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family and two-family residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 30(1977) S 2) ?DEe 31,5u 8005 3Eqe q6EE Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2 r 38 HX 970-479-2452 wwwvailgov.com effirtuH November 30, 2004 David Austin 1739 Sierra Trail VailCO 81657 CERTIFIED MAIL-RETURN RECEIPT REQUESTEI) Re: Operating a business out ofthis residence (garage). Dear Mr. Austin: One of the many functions of Code Enforcement is to provide for the enforcement of the Torvn of Vail Municipal Codes. It has come to our attention that the above-described property nray be in violation of the'fown of Vail Municipal Codes as follows: Reported Yiolation(s): You are cuftently operating a woodworking business out of your residence in violation oJ zoning regulations. We are asking that you cease all operations for this business within 14 days of receipt of this letter. Failare to comply will result in a summons being issued. Your prornpt attention regard ing this matter will be greatly appreciated and will hclp assurc that' Vail continues to be the desirable and pleasant resort community for which we all strive. Please feel free to call me with any questions, comments or concems you may have. lr4y office plrone number is 970-477-3417 . I Yours.0^Y(t. David Rhoades, CojEhforcement Officer Community Develffnent Department {tp """t"""o t """ TOilA'M General Information: A home occupation is a use conducted entirely within a dwelling and is incidental and dwelling for dwelling purposes. Home occupation permits must be renewed on an annual basis. Approvals foi occupations shall lapse if not pursued within two months of approval. Business Name:Va \r- U^\Qc"-\3 r,.^r--.^. Home Occupation Permit Application Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.7452 web: www.vailgov.com Description of the business: $*f *i \ J-r^- b.-.i \ AJ t\ Location: Lot: ZD Elock:-suuoivision: Vo..,\ U t$".s,., \)tqts, f,i\i.,r., ilq. \ Physical Address: ll31 i',rfr * Tlo,.\ ' Parcel No.: L\o3 \23 ( to r i (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) ffi Zoning:+*)A*-..\1.- Name(s) of Property Owner(s): Mailing Address:(i.rr tr^: \ Property Owner(s) Signature(s): Name of Applicant (Business owner): ?*'' ^ A*t*' ^ ;Hlyltgf *,, Mailing Address: Email Address:?o4- Fax: HOME OCCUPATION INFORMATION Number of employees: Hours of operation: O Equipment/vehi (includin number) to be used: Where are materials/equipment to be located: Will clients be coming to the home:AD Estimate number of client visits per week: a Please attach written approval from a condominium association, landlord, and joint owner, if applicable. o The Administrator may require the submission of additional plans, drawings, specifications, samples and other materials (including a model) if deemed necessary to determine whether a project will comply with Design Guidelines or if the intent of the proposal is not clearly indicated. Page I of 3F:\Users\cdev\FORMS\Administrative_Actions\home_occ_2004.doc 03124104 o HOME OCCUPATION PERMIT CONDITIONS fq "t f.''. itAll hpm-eioceuPations must comply with the following regutataons at alt times. If any copdition is violated at any time, the home occupation permit may be revoked. carried on principally by the inhabitants this requirement to allow outdoor play 2' Employees, other than inhabitants of the dwelling, shall not exceed one person at any time. 3. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes andshallnot'changetheresidentia|characterofthepropefiandneighborhood. ? Od*u total floor area used for the home occupation shall not exceed one-fourth (1/a) of the grossr resiclential floor area of the dwelling, nor exceed five hundred (500) square feet. Home child daycare facilities shall not exceed one-half (1/2) of the gross residential floor area of the dwelling, nor one thousand two hundred Rfty (1,250) square feet, 5. There shall be no advertising, displa,i, or other indication of the home occupation on the premises. 6. Selling stocks, supplies, or products on the premises shall not be permitted, provided that incidental retail sales may be made in connection with other permitted home occupations. home child daycare facility shall be exempt from 9. A home occupation shall not generate significant vehicular traffic in excess of that typically generated by residential dwellings and shall not interfere with parking, access or other normal aclivities on adjacent properties, or with other units in a multi-family residential development. 10. No parking or storage of commercial vehicles in association with a home occupation permit shall be permitted on the site. 11. A home occupation permit is valid for one year and must be renewed by the Administrator in order for the home occupation to legally be continued. I agree that the home occupation will be in compliance with all of these conditions. Page 2 of 3 A home child daycare facility shall be exempt this requirement to allow outdoor play areas. (Signature)(Date) F: \Users\cdev\FORMS\Administrative_Actions\home_occ_2004.d0c 03124104 o Departlnent of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2 t 38 FAX 970-479-2452 www.vailgov.com February 24,2005 Mr. David Austin 1739 Sierra Trail Vail, CO 81657 Re: Revocation of Home Occupation Dear Mr. Austin, Permit for Easte Valley Craftsman ,r..Sqbp It has come to the Town's attention after the complaints ol neighboring homeowners on multiple recent occasions, that the provisions ol the home occupation permit, for which you applied and were granted lrom the Town on December 16, 2004, have been violated. As a result the Community Development Department Staff has found it necessary to revoke your Home Occupation permit. Listed below are several applicable sections of the Vail Town Code. which sections were also included on the Dermit itself and direct such action by the Town: Section 12-14-12: HOME OCCUPATIONS (in part): E. Requirements For Permit: Where permifted, home occupations shall be subject to the following ,limitations: 7. There shalt be no exteilor storage on the premises of mateia! used in the home occupation. 8. There shatt be no noise, vibration, smoke, dust, odor, heat, or glare noticeable at or beyond the property line, as a result of the home occupation. G. Permit Revocation Or Discontinuance: 1. A home occupation permit may be revoked by the administrator it he/she determines that the provisions of this chapter or the limitations prescibed as a condition of the permit are being violated. Please contact myself or David Rhoades, Code Enlorcement Officer (970.477.3417), with any questions or concerns you may have. Thank you.lor your cooperation and lor assisting the Town of Vail in its eflorts to provide ronment for residents and locals alike. Eckel 970.479.2454 cc: David Rhoades; Town ol Vail Code Enforcement Otlicer' Ken Bednar;954.467.1024 (fax) Enclosure: Home Occupation Permit Application dated December 16, 2004 f,-p *",,,""o,o""* ,b"//b ,/-^'Jo 4aJL ry '-t)-d* A;*'* {4r "2,"L0 J 'h.. U-! ,,?\-!- - J s^'^^- *!-!- d^t # a*t"J *-.Q- f^tt Jtttt ,t-)- d- A ,Glrh (ts<)t o( ?Fo D Department of Community Development 75 South Frcntage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.vailgov.com qo^i" August 22,2005 David Austin 1739 SierraTrail Vail CO 81657 ?803 aEhE 0805 6ear 1r3{ CERTIFIED MAIL.RETURN RECEPIT REQI.'ESTED Re: Revocation of Home occupation permit for Eagle Valley craftsrnan business Dear Mr. Austin: On February 24, 2005 you were sent a notice of revocation by Elisabeth Eckel, one of our Planners. You came into the oftice and stated that you would abide by the rules and conditions of your approval and Elisabeth agreed to let you continue your business at this address. Section 12-14-12 (HOME OCCUPATIONS) of theTown Code states, in part, that: E. Requirements for Permit: Were permitted, home ocanpations shall be subject to the fo I lowing limitations : 7. There shall be no exteior storage on the premises of material used in the home occupation. 8, There shall be no noise, vibration, smoke, dust, odor, heat or glare noticeable at or beyond the property line as a result of the home occupation. It has again come to our attention that the conditions of approval are being violated. I observed and photographed several violations ofthe conditions ofapproval today at this address. By your own actions you have forced the Town of vail to take action. As a result, the Community Development Departnent Staff has found it necessary to revoke your Home Occupation Permit. {'p """o-, o,""" o section 12-14-12 (HOME occupATIoNS) of the Town code states, in part, that : G, Permit Revocation or Discontinuance: l. A Home Occapalion Permit may be revoked by the adninistrator is he/she delermines that the provisions of this chapter or the limitatiow prescribed as a condition of the permit are being violated. The Town of Vail is asking that you discontinue this Home Occupation within ten (10) days ofreceipt of this lctter. Please contact me with any questions or concenr you may have. My ofiicenumbcr is 477'3417. Thank you for your cooperation and assistance in this matter. B*tr"c"rdr,q\ - -a\rr David Rhoades, Codc rnforffi orncer Town of Vail, Dept. of Community Developrnent Cc: Elisabeth Eckel, Town of Vail planner Ken Bednar; 954.467.1024 (tax) o Event Chronology Event Number: VP07018090 Date Time Term Onerator Action ot/18/07 13:32:54 dispatcM 4il EVENT CREATED: Location= 1730 SIERRA TRL VAIL , Name BEDNAR, TIM , Call Source= PHONE , Phone Number: (954)205-9800 Agenc5 VPD , Grou5 VPD ' BeaF VPD , Status: A ' Priority: 5, ETA= 0, Hold TyPe= 0, Primary Unit= 259 , Primary Member 361 , CurrenF F , OPen CurrenF F , TYPe Codr ASSIST - ASSIST, SubType Cod* CAST - CITIZEN ASSIST EVENT COMMENT= WANTS TO SPEAK WITH CEO 01118/O'l 13:32:55 comml 4Jl EVENT COMMENT= ** LOI search completed at 01118107 13:32:55 Ol/18107 13:33:00 dispatch2 431 EVENT COMMENT= REF BUSINESS NEXT DOOR TO HIM 0l/18/07 13:33:21 disparcM 431 EVENT COMMENT= ON 2200 OlllS/O'7 13:33:33 dispatcM 431 EVENT COMMENT: WANTS TO SPEAK WITH 258 ol/18/O'7 13:33:40 dispatch6 2 lJniF 259 , Status= DP , Location: 1730 SIERRA TRL VAIL, Employee 361 Ol/l8l}7 13:33:54 dispatch6 2 lJnie 259 , Status= ER, Location= 1730 SIERRA TRL VAIL, Employer 361 Ol/18/07 13:33:56 dispatch6 2 UniF 259 , Status: AR, Location= 1730 SIERRA TRL VAIL, Employee= 361 Ol/18/07 13:37:02 $259 361 UniF 259 , Status: AR, Location= 1730 SIERRA TRL VAIL, Employee 361 0l/18/07 13:55:34 dispatch5 253 EVENT IJPDATED: Location: 1730 SIERRA TRL VAIL, Name= BEDNAR, TM . Call Source PHONE , Phone Number (954)205-9800 Agenc5 VPD , Grou5 VPD , BeaF VPD , Status: A , Priority: 5' ETA= 0' Hold TYPe: 0' Primary UniF 259 , Primary Member: 361 , Current: F , Open CurrenF F , TyPe Code ORD - ORDINANCE VIOLATION, SubType Codr SIGN - SIGNVIOI.ATION EVENT COMMENT= ** Event Tlpe changed from ASSIST(CAST) to ORD(SIGN) at: 0l I l8 101 I 3:55 :34 >t>> by: MICHELE L. GREY on terminal: dispatch5 01118107 13:56:18 $259 361 Unic 259 , Status= AR, Location= 1730 SIERRA TRL VAIL, Employer 361 0lll8l07 13:59:40 $259 361 Agenc5 VPD , Group= VPD , Beac VPD , Status= A , Priorit,- 5' ETA= 0' Hold Type- 0' Primary Unit= 259 , Primary Member 361 , Curent: T , Open CurrenF F , TyPe Codr ORD - ORDINANCE VIOLATION , Subtype Code SIGN - SIGNVIOLATION EVENT CLOSED: lllS/2007 2:0632PM Event Cbronology Page I bts Ulqs Tcrm 9PeE!s! @ UniF 259 , StatuF AM , CommenF HBO , Eryloyee= 361 DisPosition AssiPed= HBO OltlSt}i 13:59:50 dispatchs 253 EVENT COMMENT: INFORMATION HAS BEEN. GTVEN TO 25? / SHE WILL HANDIJ TTIE CALL FROM TIIIS POINT FORWARD lll8l2007 2:06:32W1 EvenlChronology Page2 EXHIBIT LOT 20, VAIL VILMGE FIIING No.2 o WEST, LOT 19 g.i" a.'h €6c .sis (ob. 9.j,. "ssf Er. nk' TOWN OF VAIL, EAGIN COUNTY, COLORADO LOT 20 1835 WEST GORE CREEK DRI\E NEW DECK LOT 21 SCALE: 1" = 20' NOIES: 1) lHE SOLE PURPOSE OF IH|S EXHTBTT rS T0 SHoW THE LOCATTON OF lHE DECK UNDER CONSIRUCTION ON LOT 20. OTHER FEATURES MAY EXIST ON LOT 20 IVTIICH IAIERE NOT SHOWN HEREON. 2) GORE RANGE SUR\€YNG LLC DIO NOT PERFOfiM A II1LE SEARCH OF THE SUBJECT PROPERTY TO ESTABUSH OIINERSHIP, EASEMENTS OR RIGHTS OF WAY OF RECORD. NO TI'ILE POLICY WAS PROVIDED BY CUENT. lHE BOUNOARY OIMENSIONS, EASEMENTS AND RIGHIS OF WAY SHOW}I HEREON ARE PER ]HE RECORD PLAT FOR lHE SUBJECT PROPERTY. 3) NOTICE: ACCORDING TO COLORADO LAW YOU MUSI COMMENCE ANY LEGAL ACTION BASEO UPON ANY OEFECT IN IHIS SUR\€Y I'/IIIIN IIIREE YEARS AFTER YOIJ RRST DISCO\ER S1JCH DEFECT. IN NO E\€NT, MAY ANY ACTION BASEO UPON ANY DEFECT IN 1HIS SURVEY BE COMMENCEO MORE 1HAN TEN YEARS FROM lHE OAIE OF CER1IFICA1ION SHOV|N HEREON. Gore Range Surveying, u-c / eoa*rs / N('1,(9 816?0 ,/ l9n) .7i'&98. ta {t0,,fl9 0055 6-"e" I HEREBY CERNFY IHAT IFIIS EXHIBIT WAS PREPARED FOR HECKMANN HOMES, INC.. THAT IT IS NOT A LANO SUR\€Y PLAT, AND 1HAT IT IS NOT TO BE RELIED UPON FOR lHE ESTABLISHMENT OF FENCE, BUILDING, OR O1HER FUTURE IMPROlEMENT LINES. I R,'RIHER CERTIFY 1HAT lHE IMPRO\EMENTS SHONN ON lHE ABOVE DESCRIBED PARCEL ON TH|S 0A1E, 8/3/2006, EXCEPT U'IILITY CONNECTIONS, ARE ENTIRELY WIHIN fiE BOUNDARIES OF lHE PARCEL, EXCEPT AS SHOW!, ANO THAT IHERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BUROENINC ANY PART OF SAIO PARCEL, EXCEPT AS NOTED. ss)o'+' OUTLINE OF BUILDING w"p 300e1 iS r#FfVns- o?&q )\fu ,ftrf ru,af ttt-fJ.o D epartment of Community D evelopment 75 South Frcntage Road Vail, Colorado 81657 970-479-21 38 FAX 970-479-2452 www.vailgov.com %'August 22,2005 fiifffih',,4 "', 6zbzy a'r/n CERTIFIED MAIL.RETURN RECEPIT REQUESTED Re: Revocation of Home occupation Permit for Eagle Valley craftsman business Dear Mr, Austin: On February 24, 20OS you were sent a notice of revocation by Elisabeth Eckel, one of our Planners. You came into the oflice and stated that you would abide by the rutes and conditions of your approval and Elisabeth agreed to let you continue your business at this address. Section 12-14-12 (HOME OCCUPATIONS) of the Town Code states, in part, that: E-. Requirements for Permit: llhere permitted, home occupations shall be subject to the fo I lowing limi ta tions : 7' There shall be no exterior storage on the premises of material used in the home occupation. 8. There shall be no noise, vibration, smokc, dust, odor, heat or glare noticeable at or beyond the property line as a result of the home occupation. It has again come to our attention that the conditions of approval are being violated. I observed and photographed several violations ofthe conditions ofapproval today at this address. By your own actions you have forced the Town of vail to take action. As a result' the Community Development Department Staff has found it necessary to revoke your Home Occupation Permit. {p r""""uo rt"o section 12-14-12 (HOME occtJpATIoNS) of the Town code stares, in part, that : G. Permit Revocation or Discontinuance: l. A Home Occupation Permit nay be revoked by the administrator is he/she determines that the provisions of this chapter or the limitations prescribed as a condition of the permit are being violated. The Town of Vail is asking that you discontinue this Home Occupation within ten (10) days ofreceipt of this letter' Please contact me with any questions or concerns you may have. My office number is 477'3417. Thank you for your cooperaiion and assistance in this matter. "**BlT ,. ffi'f lAnfi-*ro;il,ilrBl-ffi ,.", Cc: Elisabeth f"t"ffio of Vail planner Ken Bednar; 954.467.1024 (fax) KE\NET}I L. BEDIiAR LOR.I L.HEYER-BEDIiAR 2]91N.E.51'II STREET POIIPANO BEACH, TLORIDA ]306: March 14. 1007 VIA FACSISULf, TRANSMISSION 19'11].-47 7 -34 | 2 - Clerk) The llononrble Buck Allen Municipal Judge Municipal Court -Torvn of Vail Vail h'Iunicipal Center 75 S. Frontage Rcad Vail. CO 816-57 Re; David Austin ("Defendant")- Hearing rcheduled for 10;00 am 0n llnrch 15, 300? Propertl'location: 1739 Siena Trail, Vail" Colorado ("Prapcny") Dcar Judge Allen: lVe are writing you this letter to adviss you of the true nature and cxtent o{'the contirtuirtg activities occurring on the above-reibrenced hoperty" including but not limited to opemtillg a business in a residential neighborhood in violation olapplicabte zoning ordinances" by rlre Defenliant, David Austin. Llnfortunately, it hes become appsr€nt t0 u$ lhal the Court ltas not been supplied rvirh all of the evidence an<l background inforrnation concernins tht crngoing crrde and zoning violations occudng at lhe Def€ndant's home located at 1739 Siena Trail. Vail, Colorado. We believe that. once you irre fully advised as to the Defendant s willful, eontiruing violations, complete disregard ftrr loeal zoning and code enforcement rcgulatioos. and ruiings of this Coun, you be as outruged as we are. \\te own a honre located at 1730 Siena Trail, Vail in Vail, CO which rve purchased in March 2004. Our home is located adjaoe$t to the homp and Property owned by' the Defendant. David Austin. Prior to purchasing our home. we con{imrd througf local zoning/communily developmrnt aulhoririw and rccords that no busines$e$ \l'ere being operated in thc neighborhood. Dunng the surnmer of 2004 r*'e became aware of. and observed, the Defendant. David Austin r)perating a full time large scale, commercial cabinetmaking/r'rcodworking business in the conterled garage of his home. We have and corrtinue lo rvirness David Austin operating largc contmercial woodworking machines on a lirll time basis in the commercial lvoosl shop assemhled in his lurgc tu:o car garag€, The Defendant's activities generate significaru amounts of sarvdusl. noxious fumcs and noise at all hours of the day and night which permeate our neighborhood and makc it irnpossible for us to sit or work outside , The Defsndant routine ly operates rnrious pieces of loud commercial woodworking equipmcnt {the size of billiard tables) which he lras arisen:bled in his shop'garage. So large is the Defendant's enterprise that he has installed a Fe.nraneni commercial overhead vacuum bagging system to collect the sawdust and fragnrents being The l{*norahle Buck Allen i\'larch 14.200? Pag'c ! genepted by the business. ln addition, the Defendant has continuousiy utilieed his drivelvay tirr the purgrse of setting up saw hofses on which he lays dozens of largs pieces of lunrber tbr staining and drying. Nor only is this activity unsightly, but it produces significant anrounls of noxious fumes rvhich engulf our horne and propertv rnaking it impossitrle to open ottr rvindDws during the lvarrner months. Onse we le*nred ofrhe nature and extent ofthe clelbndants business. rve hrought the problenr to the attention of lhe appropriate Vail code enforcgment o{I'rcials along n'ith phorographs of the Defendant's activities on the Properfy. David Rhodes. the lormer chief codc enforcement offieer, investigated the problem personally and contjnned thirt the Detb,dant wa:, indeed" engaged in the opeurtion of a lurge commcrcial cabinet mnnufaclrrring business rvithin his home on the Property, On November.30, 2004, David Rhodes wrote the Defendant a ccase and desist lertw advising him of the illegal nature of his business. The Det'endant t'ailed to cease and did not respond to N{r. Rhodes letter. In early December o12006, lv{r. Rhades again wrotc to the Def€ndant and instrucled hirn to scasc and desist. The Defendant rcfused lo do so and did ntrt respond to tlre second letter. Instead, on December 16, 2006 the Defendant fraudulently iilled out an application for a home busincss license. In filling oui th€ applicalion. the De fendant knorvingly concealed the true narure and scale of his commercial business l'ront the persun issuirrg the permit. Specifically, the Dcfendant, in completing the application, confirmed that h.is busincss operations *ould not geilerate noise. dust, fumes or srnoke u,hich rvould entcr or pernreate adjacent property. Ha also fraudulently reprssented that his €ntery)fise u'ould noi be visiblc &om the exterior of lhe home, generate additional traffic, involve the use ol'commcrcial vehicles, operate alicr business hours or change the naturc and character ofthe Properry from that of a residential home. The Defendant kncw at the time of his application that the rcpre$entstions supplied in the application rvere fulse and rhqt hc could not conrply rvith the rcquirements necessnr),to obtain a pernril. Funher. gi-',-en the Dekndant's knor.vlcdgc as to the large loud pieces of commercial equipment which he was alrcady *sing. he had no intention of complying with thc reguircments for obtaining a license. Therefore, the permit obnined by lhc Defendant should have never been issued. Llpon learning of the Defendant's reeeipt of a pcrmit and his continusd violations of the permit" rve notified the appropriate Vail code enforcement officials and advised thern of the continuing nature of the Dcfcndant's activities. We also made the officials aware of the fiaudulent nature of rhe Defendant's repr€sentations in applying i'or and obtaining a pcrmit. Tht Vail code enforcemenl oflicials permanently revoked the delbndant's permit in -August.2005 as a result of his continued violations of the requirements of tbe permit. Since that Iinre. the Def'endcnt has continuously operated lhe above descnbed commercial cabinet nranut'acftiring/*'oodu'orking business on ti'" Property located at 1739 Siena Trail rtithout a permit. The Defendant has, through the conlinued operation of the business. generated dust, noxious furnes and noise which perrneate our homc and property. The operation of the business generdtes large amounts of sawdust cnd debri.s, all of which is ptraced in ths srcet for collestinn. Dcfendaat has on many occasions intentionally placed many large garbage cims containing sawdust and woodworking dcbris, directly at thc cntr)'to our drivervay, thereb;' blocking acccss The Honorable Buck Allcn illarch 14, ?007 Puge 3 to our property. The Defendant has housed commercial vehicl€s and large trailers used in the business, openly in his driveway &rid in the public roadway thereby blocking ingressiegrcss to our home. The Defendant has also stored lsrge quantities of lumber. paint, stain. rvoodworking equipment and other nraterials openly in his driveway and on the exterior of his home thereby creating the appearance that the Property is actually a comnlercial wood cabinei manufacturing business. Furthennore- the Defendant's continued opefation ofthe business has and continu€$ to generut€ commercial vchicle traffic on Siena Trail as the rarv lumber aud materials *re delir,ered and the completed cabinetry and wcod fumishings ar* picked up for delivery. It is our underslanding that the Defsndant has represented to this Court at a prior hearing, that hc had acquired a parcel of real property outsicle lhe Torvn of Vail and was engagc-d in the cons$rctiolt ofa warehouse to house his cabinet making business. lt is nlso our trn<lerstanding that this repr€senration r*,'as made morc that one ycar ago and that since that time lhe Dsfendant has continuously operated thc above des*ribed commercial business within his hame without a license. George Cregory, Esquire advised us that he represents the Del"endant in these proceedittgs' Following the Dcfendant's last appearance before this Cou*, Mr. Cregory specifir:all."- told us that he rrdvised the Defendant to continue his olrration of the business on the Property and that the Defendant should mcrely "put up some shadec to conceal his business operation und kctp on rvorking." We have learned that the motivation for btr, Gregory's advice 1o the Deferrdant is that Mr. Cregory purchases cabinetry frsm the Defsndant for use in his honre rcmodeling businessanddoesilotwanttoincreasethecostofproduclion. Mr.Cregoryalsoadvisedusto ign*rn tlre issue becausE "rve don't live on Forest Road. where this rvauld never be pemti{ted." We speird a great deal of time in Vail and plan to be full time residents very soon' We believed rvhen we purchased our home. that we rvould be protected from the illegal operation of tuch enlerprises ir our residerotial neighbarhood. The Defendanls actions in conlinuing to opmte his business demonstrate a complete lack of respect f'or this Court, \rail's ordinanc€s and code enforcement laws and the rights of all adjoining properi)._ owners, Bixed upon fic defendant's continuing, flagrant and continued operation of the above businsss at the Froperty, we ask that the Court impose suffrcient criminal sanctions to iletff Defendant ii'irn, continuing his conduct and aclivities. itted. L. Bednar Ileyer-Bednar 1730 Siena Trail. Vail. CO Clerk of Court. Municipal Court - Toun of Vail Inga Haagenson Causey, Town ofVail Prosecutor Page I ofl Susie Huxford - 1739 Sierra Trail From: Susie Huxford To: Daniel Toryerson; Kurt Mulson Subject 1739 Sierra Trail Night Officers, May I please ask a favor? While on patrol and not busy, could you drive by this address in the nelt couple weeks, please? I am invesUgating a case regarding this location "Operating a Business out of the Garage without approval, Permit Revoked"(TOV Municipl Cde 12-14-iA). The business name is Eagle Valley Craftsman. Dave Austin 1739 Sierra Trail On 3/16/05 he was fined by Judge Buck $150 and probaUon stating "No Home Occupation violations within 1 year", Please gather evidence such as: (TOV 12-14-12E-7 & 8) 7. There shall h no aderior sbrage on the premiss of material ud in the home occuption. 8. There shall be no noise, uibration, srnokq dust, dor, hat or glare noticable at or beyond the proryrU line, as a result of the home occupation. If you do observe any of the above, please notiry dispatch to document this for me, then shoot me a quick email to let me know. I really appreciate your help with this! Susie (257) about:blank 0r/22/2007 .(' FINAL INSPECTION'S COMPLETED The belor items need to be complete before giving a permit a final C of 0. P'lease check off in the box provided. FINAL PLUMBING FINAL MECHANICAL FINAL ELECTRICAL BUILDING ERTI FI CATE OCCUPANCY oor= tl tk JoB NAME READY FOR INSPECTION: PERMIT NUMBER OF PROJECT LOCATION: INSPECTION REOUEST. .TOWN OF VAIL .'{r -^-'r- ,Aa J)nV& Vna+y*- THUR fr nernseecroN REQUTRED WED FOOTI*TTGS / FqUNDATIO BUILDING:PLUMBING: tr UNDERGROUND EI ROUGH / D.W.V. tr ROUGH / WATER tr tr STEEL N / STEEL tr tr o tr tr ROOF & SHEEB tr GAS PIPINGPLYWOOD NAILIN INSULATION SHEETROCK tr POOL / H, TUB NAIL tr tr trFINAL FINAL ELEGTRICAL:MECHANIGAL: tr D tr tr tr TEMP. POWER tr HEATING ROUGH tr EXHAUST HOODS CONDUIT D SUPPLY AIR FINAL tr tr FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED D^rE //'/ 7 -'H rNSpEcroR ;) INSPECTIONTOWN OF REOUEST VAIL DATE NAME READY FOR LOCATION: INSPECTION: { MON i TUES WED 'ir't' "" ,t ' \'(' ".\ Oil\ er.,r BUILDING:PLUMBING: tr tr tr tr tr tr FoortNGS / srEEL a)K- tr uNDERGRouND FOUNDATION/STEEL tr ROUGH/D.W.V. tr ROUGH / WATER ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION O POOL / H. TUB SHEETROCK NAIL MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR PPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED INSPECTOR PERMIT NUMBER OF PROJECT DATE READY FOR LOCATION: INSPECTION: REQUEST 1 VAIL t I NAME tNs CTION TOWN OF I PE CALLER J. MON. TUES i.WED. THUR FRI BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND FOUNOATION / STEEL ,')F--. tr ROUGH / D.W.V. O ROUGH / WATER ROOF & SHEER PLYWOOD NAILING tr GAS PIPING INSULATION tr POOL/ H. TUB SHEETROCK NAIL ELECTRICAL: tr TEMP. POWER O HEATING tr EXHAUST HOODS CONDUIT r] SUPPLY AIR tr FINAL ..+-AFPEOVEo -- CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIBED INSPECTOR JOB NAME t INSPECTION TOWN OF .( .l) rh c: "e-DATE READY FOR INSPECTION: LOCATION: PERMIT NUMBER OF PROJEC $FguEt: rHUR(ffi)---1$ ! nerruseecroN REoUtREDD APPROVED CORRECTIONS: tr DISAPPROVED oor, //'/7-H TNSPECTOR Fffisxop ' ' 'Tj' l"'.' ,'' ''l',i - :- - A" t<a) ( r \--./ v PERMIT NUMBER OF PROJECT t)-\'1 -c-floN- REOUE$f :TowN oF vAlL 1.r,1 . DATE JOB NAME \)-:{ t INSPE J CALLER OULI\q,\ BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL D FRAMING - ROOF & SHEEB" PLYWooD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: O HEATING ROUGH tr EXHAUST HOODS SUPPLY AIR tr DISAPPROVED s FErNspecroN REoUtRED CORRECTIONS: Pri$r*oe DArE /2'Jt')'] rNSPEcroR o \,r\u'r it'.-.,] ,r- WED THUR @ o'@INSPECTION: CALLER MON TUESREADY FOR LOCATION: 1t'--.r^/'\ t-J'\ )r,orIcr BUILOING: O FOOTINGS / STEEL PLUMBING: D UNDERGROUND ffiovca / D.w.v.-V*ouc" / *ATER D FOUNDATION / STEEL ff.or,"oL ROOF&S tr GAS PIPING /- ROOF & SHEER" PLYWOOD NAILING tr TNSqLATTON tr SHEETBOCK n tr POOL / H. TUB NAIL tr n tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANIGAL: D HEATING tr ROUGH o o tr EXHAUST HOODS tr CONDUIT n SUPPLY AIR tr FINAL D FINAL O APPBOVED ZTFffiAPPROVED 2 PECTION REOUIRED CORRECTIONS: onrr r2,l r' ket INSPECTOR \ n?6.2 ? ir -\ f' rl , ,, , ^f$sPE,cJfpN REQUEST oor, l12t'JOB NAME f,( ",t't p , CALLER -17(e'. READY FoR TNSPECTIoN: MoN ruES wED ,"r* .-iA) nv iFv)t --/LocArloN: l7:1 "'tt v t- t;A '1'r:t','r L L PERMIT NUMBER OF PROJECT TOWN OF VAIL t BUILDING: D FOOTINGS / STEEL PL tr tr D o tr tr n UMBING: tr FOUNDATION / STEEL UNDERGROUND BOUGH / D.W.V, BOUGH / WATERtr,,FBAMrNG r-1 ROOF & SHEER" PLYWOOD NAILING GAS PIPING O INSULATION D SHEETROCK n NAIL POOL / H. TUB tr FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING KoucH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr tr FINAL FINAL Tffeeeaoveo 7: CORRECTIONS: O DISAPPROVED tr REINSPECTION REQUIRED ; --- _-r L - 5\\0. NAME CT . JOB F PROJE - trt-t EROB \ IT NUMPERM DATE AMW rnsllcnoN neouest' r READY FOR LOCATION: INSPECTION: BUILDING: D FOOTINGS / STEEL PLUMBING: tr UNDERGROUND -YRouGH/D'wv " '--6i J {r\ f \noor & sHEEB r | 2+ /-/ 5J" PLYWOOD NAILING (rnrsur-nrro- r,.n"' P/? o"' H::.T^;W tr SHEETROCK NAIL tr -- tr FINAL '' tr FINAL ELECTRICAL: MECHANICAL: N TFMP POWFR N HEATING tr ROUGH tr CONDUIT tr SUPPLY AIR - r-r n . tr FINAL tr FINAL 1f Ineenoveo CORRECTIONS: O DISAPPROVED EI REINSPECTION REQUIRED oo-r. /* &* ?a rNSPEcroR pffi$oP ,*#"toN REQUESTVAIL r I DATE READY FOR LOCATION: :'.*'i .lor *nve CALLER INSPECTION:voN TUES WED THUR FRI ,6L ," \ .!) (). PEBMIT NUMBER OF TOWN OF BUILDING:PLUMBING: tr UNDERGROUND D ROUGH / D.W,V. D ROUGH / WATER tr FOOTTNGI / SrEEL E FOUNDATION / STEEL 4.. - O FRAMING - r_r ROOF & SHEER' PLYWOOD NAILING O GAS PIPING INSULATION .l tr POOL / H, TUB SHEETROCK NAIL E o D FINAL O FINAL ELECTRICAL: tr TEMP. FOWER MECHANICAL: tr HEATING tr tr o ROUGH O EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL 'fi(APPRovED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED oorc e/-f ^7D TNSPECToR *iFslop tNs #"r,o" TOWN OF REQUESTVAIL ' LPERMIT NUMBER READY FOR LOCATION: JOB NAME CALLER TUESMON\-\ PROJECT BUILDING: tr FOOTINGS / STEEL PLUMBING: tr FOUNDATION / STEEL tr tr tr tr tr UNDERGROUND ROUGH i D,W.V. ROUGH / WATERtr FRAMING ,- ROOF & SHEER" PLYWOOD NAILING GAS PIPING tr INSULATION tr SHEETROCK n POOL / H. TUB NAIL tr n tr FINAL D FINAL ELECTRlCAL: tr TEMP. POWEH MECHANICAL: D HEATING O ROUGH tr EXHAUST HOODS T] CONDUIT O SUPPLY AIR #,,uo,-tr FINAL APPROVED DISAPPROVED 'REINSPECTION REOU IRED CORRECTIONS: DATE -4f ,r'-/,.',,,(-/-t', ' ';. I JODATE READY FOR LOCATION: rrustcnoN REeuEsrt,u NAME CALLER MON TUES PERMIT NUMBER OF TOWN OF INSPECTION: BUILDING: tr FOOTINGS / STEEL PLUMBING: O FOUNDATION / STEEL tr UNDERGROUND tr ROUGH / D.W.V. D ROUGH / WATERtr FRAMING - ROOF & SHEER " PLYWooD NAtLtNG D GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL t1 ./n trAddr tr FINAL ELECTRICAL: O TEMP. POWER MECHANICAL: tr ROUGH O HEATING tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR n_n-ffiot o F.NAL {*paovep}tr DISAPPROVED O REINSPECTION REOUIRED CORRECTIONS: INSPECTOR ,_;r: -r- I'lINSPECTION REQUEST I,trssa I INSPECTION:\\3'r PERMIT NUMBER OF PROJECT \ r;llvt IDATE ' I JOB TOWN OF VAIL t READY FOR LOCATION: *o". N,.^s, ,n \s ,\',,.-. t ' ln.^^\lr n-.0 q CALLER I'\.<-,ilJ' '' { \s-.'r/cr-\ |-€ d- -<-'AM@WED THUR FRI BUILDING: tr FOOTINGS / STEEL PLUMEING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATERtr FRAMING - ROOF & SHEER -. " PLYWOOD NAILING D GAS PIPING tr INSULATION tr POOL / H. TUB tr SHEETROCK NAIL laI I I l.INAL l(r-rr--z OFINAL ELECTRICAL: tr TEMP. POWER tr HEATING O EXHAUST HOODS CONDUIT D SUPPLY AIR tr FINAL O FINAL tr APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED rr oo-, /(--4'?o rNSPEcroR niGsgop ) .F{--...r 'il;:,r ' .-.-/'( ). /u \ (/ ,l PERMIT NUM D^TE IC ROF { PROJECT JOB NAME CALLER, './READY FOR INSPECTION: / |''a\*fr? ;-,I l - ---'---t, INSPECTION REQUEST' " A " .- | / 11-\'-.-TPW\ oF vAlL ' *, ,.6firc2*i( r.- f\l)l)/F-,=,=___ .r M WED THUR FRI LOCATION:r,.i 1c'.- 1' BUILDING: tr FOOTINGS / STEEL PLUMBING: O UNDERGROUND tr ROUGH / D.W.V.tr FOUNDATION / STEEL tr FRAMING C ROUGH / WATER - ROOF & SHEER' PLYWOOD NAILING tr GAS PIPING tr POOL / H. TUB NAIL tr INSULATION tr SHEETBOCK ELECTRICAL: tr TEMP. POWER tr HEATING tr EXHAUST HOODS CONDUIT ,J D SUPPLY AIR D FINAL tr FINAL KPPnoveo CORRECTIONS: tr DISAPPBOVED O REINSPECTION REQUIRED lr\ oare /{'- f,'?d rNSPEcroR PERMI DATE T NUMBER OF PROJECT f "'> t,//_.,)/_?./ r/\, ' 12 .J \.,. B _l READY FOR INSPECTION: LOCATION: ruEs wED rHUR a_6; BUILDING: T] FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FBAMING .- ROOF & SHEER " PLYWooD NA|L|NG tr GAS PIPING B INSULATION tr POOL / H, TUB tr SHEETROCK NAIL tr B FINAL tr FINAL ELEGTRICAL: tr TEMP. POWER MECHANIGAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr tr CONDUIT T] SUPPLY AIR B FINAL tr FINAL tr APPBOVED [(orsneenoveo ,.b*nerruspecroN REeuTRED CORBECTIONS: ll'il, rL 1e o '-,tu A r PERMIT NUMBER OF PROJECT DATE INSPECTION: NAME CALLER MON TUES lrusilcnoN REeuEsr TOWN OF VAIL WED THUR 479-2138 ' !f, -'t lrcs READY FOR LOCATION: BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V, O ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING n ROOF & SHEER- PLYWOOD NAILING O GAS PIPING tr INSULATION D tr D o POOL / H. TUB tr SHEETROCK NAIL tr flrrruar- -E4 FINAL ELECTRICAL: tr TEMP, POWER MECHANICAL: C] HEATING tr tr tr ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR O FINAL tr FINAL d aeenoveo CORRECTIONS: tr DISAPPBOVED E REINSPECTION REQUIRED It j'.. '/tt'IDAIE | | - t : /,;r' INSPECTOR IINSPECTION REQUEST TOWN OF VAIL ,." 479-2138 DATE I READY FOR LOCATION: CALLEH INSPECTION: MON TUES WED\.--r, -1-7r,t Itr ,i/ _( , i i r, -1.-I t-'-_, / L_r.rii(i. il\\\\-- vL',( ''- PERMIT NUMBER OF PROJECT BUILDING: O FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D,W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING r-r ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING tr INSULATION tr SHEETROCK O POOL / H. TUB NAIL rl tr tr rl 6 rrr.rnr- /1 /\().r .FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOOOS ritr CONDUIT tr tr SUPPLY AIR n tr FINAL tr FINAL PROVED O DISAPPROVED tr REINSPECTION REQUIRED t t,t CORRECTIONS: onre lllrRl?'/ rNsPEcroR ) o DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES ELECTRICAL PERMIT Permit #: Job Address: 1739 SIERRA TR VAIL location.....: 1739 SIERRA TRAIL ParcelNo...: 210312312015 project No : Nr!- OI\INER AUSTTN, DAVID 1739 SIERRA TR VAfL CO 4L657 License: CONTRJACTOR DAVID AUSTIN 1739 Sierra Trail VaiI, Colorado 815 57 I-,icense z 217 - I' APPI,ICAIiE DAVID AUSTIN 1739 Sierra Trail Vail , Colorado 8165 7 I-,icense: 2L7 - I' Desciption: MOVINGELECTRICSERVICE Valuation: $800.00 Elecfiical--------> DRB Fee-----> Investigation-> Will Crll----> TOTAL FEES-> TMENTOFCOMMUNIry Status. . . Applied. . Issued . Expires . Lo/i.0/2oo2 Phone: Lo/1,o/2oo2 Phone: (970) 476-7760 ao/L0/2oo2 Phone: (970) 476-7760 FEE SUMMARY $53.00 s0.00 9s3.00 9s3.00 $0.00 E02-02t1 : ISSUED: 10/10/2002 : 10lll/2002: 04/09/2003 o DEPAR l^"{ to U.*^( O,s.- TOWNOFVAIL 75 S.FRONTAGEROAD VAIL, CO 81657 970-479-2138 / s50.00 $0.00 $0. 00 $3.00 s53.00 Total Calculated Fees-> Additional Fees----> Total Permit Fee-> BAL$ICE DUE--------> Approvals:Item: 05000 EIJECTRICAIJ DEPARTMENT LO/tO/2OO2 DF Action: AP IICM: O55OO FIRE DEPARTMENT +ta r:t*:r*l*rt+**a *ta+lla lt+l+a la++,tt CONDITIONS OF APPROVAL Cond: 12 (BI-,DG.) r FIEL,D INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE. *:t ai*a +r t1*:t:l i*a +* al **t** t{ta +'r**ta+t*.1|* a +,},1'l 'l1*:a *:l * 'l:l DECLARATIONS I hereby acknowledge that I have read this application, filled out in full the information required, completed an accurate plot plan, and state that all the information as required is correct. I agree to comply with the information and plot plan, to comply with all Town ordinances and state laws, and to build this structure according to the towns zoning and subdivision codes, design review approved, Uniform Building Code and other ordinances ofthe Town applicable thereto. REQUESTS FOR INSPECTION SHALL BE MADE TWENTY-FOUR HOURS IN ADVd}hE BY AT 479-2149 OX. AT OUR OFFICE FROM 8:00 AM - 4 PM. SIGNATURE OF OWNEROR CONTRACTOR FOR HIMSELF AND OWNEF tllll+*tf*ltll{talf*ltt**at**aaaftaafl**rt*'tf***a*a+f,***f+**t*+***l*{'*+a*l*l.*+t+t'}t+aa*tt't**t** TOWNOFVAIL, COLORADO Statemeat +ftfa*'t**t**ff*+a**'la'l'******+t+*tttl"|t*t*****lt*{ra**'}*****l'****i*+*******+***t*lr'}***'i****r}*+rl* Staternent llunber: R000003251 Amount: $53.00 LO/LL/2OO2O2:50 PM Pa)ment Meehod: Check InLt: $IC Notation: #3893 Permit No: g,O2-O2LL rlttr)e: ELECTRICAIJ PERMTT Parcel No: 210312312015 SLte AddresE: 1739 STERRA fR \IArL Lrocation: 1739 SIBRRA TRAIIJ Total Feea3 $53.00 Thle Paynent: $53.00 Total ALL Prnte: $53.OO Balance! $0.00 *f+*ti**+lt*+**f+*l"il+a***aaaa+t**t*****+****t**+*lf'}+tf*fa'***+t*****rt+'}***t+t'tta'***flll*f** ACCOIJNT ITEM LIST: Account Code Descniption Current Pmts EP OOiOOOO31114OO TEMPOMRY POI"/ER PEMITS I.IC OO1OOOO31128OO WILL CALL INSPECTION FEE 50 .00 3.00 APPUCATION t WILt OR UNSIGNED Project #: Building Permit #: Electrical Permit #: 97 0-479-2149 (Inspections) TWNWVilIL 75 S. Frontage Rd. Vail, C,olorado 81657 COMPLETE SQ. FEET F,OR NEW BUILDS and VALUATIONS FOR ALL OTHERS (Labor & Materials) Electrical Contractor: )o"uiJ A..-t!i..,, Town of Vail Reg. No.: E-Mail Address: AMOUNT OF SQ FT IN STRUCTURE:ELECTRICAL VALUATION: $ '{n/E,a-}€ste CountvAssesorc Offie at 970-328-864O or visit for Parcel # \Parcel #z l,D3 \ LJ \ZO\ 5 \3/ Ar,,tr^ fcsiv.^o-a.lob Address: I I 3 1 si crl '.. +r'.' \ Legat Description ll tot: TDllewa<: ll rinng: ilJ.d. F,ri.q\ll subdivision: rtulftrh"t,t ownersNut"'br^u-,J A-or,,,. ll Address: ,'ta1 siarrl fc.",^\ ll Phone: 2l7t"l1t'o Engineer:Address:Phone: Detailed description of work: Morl\c11 c\<c-{fi<- 5rl'uic' WorkClass: New() Addition( ) Remodel (|) Repair( ) TempPower( ) Other( ) Work Type: Interior ( ) Exterior ( ) Both ($Does an EHU exist at this location: Yes ( ) No ( ) Type of Bldg.: Single-family ($ Duptex ( ) Multi-family ( ) Commercial ( ) Restaurant ( ) Other ( ) No. of Existing Dwelling Units in this building: ?-No, of Accommodation Units in this building: Is this permit for a hot tub: Yes ( ) No tA ) Does a Fire Alarm Exist: Yes ( ) No (\ )Does a Fire Sprinkler System Exist: Yes ( ) No L1| ************************t ******,t*******FOR OFFICE USE ONLY**'t*'l****?t********* ***t'*t'**)'*t'**t'/*'' \WAiI\dAtA\CdEV\FORMS\PERMITS\ELECPERM. DOC oin6t2oo2v$'s' sm t/4.-92 b O'9 b r* lrrr ls) hF lF{tz lFrIEIrtl IHl(J lo t3OAPrn 2aopzao-. =z6* .5F{ I -l 5t." dlE-l sl I I vl(21 a 3rE 3rFd'z Ela HIE IH rE I I I I I I l- rE Ib rE ( @ Ol rrlz b zH EE E I t! Julu,: =Got! EoFo tlFzoo Eo Gt!z3od rr lll "r2;tEoI lllFI<F7aYZo< --v rl o4+ JLCw-a{ '.t tn" da iA' .{ clorl$€ |Esl8f;15E.locL I'tol / E;TIoF, IEe\ilE; ,IFs lliE JI 3c1es Ioo PF E€ Eo.! €D 5-cEj =o vgE d 6E --"\(aO -ri; drEE ..,e3 Pl EO. ^lc 6 !:l"3 -l E€ EI !i:.9E6g BHE EEg €sE =EE cPG.- CLT EEE EE-s900iEo6'- O.- (Dr.F€iE=!o.6 cLSEi €Ei t€€ ,EFE_ae veCd o'- gEi P Ilo gEE tD o,oOEEsocD -o6 .ir FI N + a/, IIJqJ tt E =g UJGJ FoF o o ts oH Ht:. U) \o z t oilto z.9 E E tlu,o J c UIzu,(, =>E -I|r'Eus =aDal zzooF-atlli t=a^=FIEuro =>E9l!<o*HdFt.,'i.i ooo N C\I co @ cr)Oo w -r,I UJ A 4 t-.4, 72' o =E =elljo o\ @o\ ts E uJF o u, Ett,ootzo Fo- lrJY IIJo oF E =Eut o- lto o-oo I ut oz z o9 =4.coo =<o-- P 6Er 282chi =Hsfiid{rXtxttxttla E:lrulo.lt EgE<gdIPb95[E |t> E 5E! 6iE ooE irE ;T F Jul '5i UJ6oF @ ,\'= ts =E,lrl o-zIF C)3E Bzoo 3 El 3l dl ;l o =J l! a HtsH zl-lts ct) u; =zoo-) F-F- I\o ic Fft-t n H H.t) o\(nr\ ano uJ 6 t \o F\r\ I\or\.v zHts U) HP A z = =tr oz 0 IIJ TE J ttoz3oF oz ciutG tt z 3 F @F\ an Ic'r.ir 0\ uiJ'utF' X IN oz dIJE J ltoz =oF z H F{ P X & rJl A (J =e l! Eh =+EFt-o o o APPLICATION FOR SECONDARY UNIT FOR LOTS OF LESS 1TTAN SQUARE FEET IN ITIE RESIDENTIAL ZONE DISTRICT AND IN PRIMARY/SECONDARY RESIDENTIAL ZONE DISTRICT 15,000 TTIE I. A. NAME oF pETrrIoNEn Dr-ii,{ .Aw<[', ADDRESS tl<q Si.rr.- .fc-.\ PETITIONER I S REPRESENTATIVE nHolre_![t_JIt c> B. NAME OF ADDRESS PHONE c.NAME 0F 0l,lNER SIGNATURE ADDRESS or print)_54-.a]_< PHONE D. TOCATION OF PROPOSAL ADDRESS E. F. A list of the nanes and adjacent to the subject mailing addresses of owners of all property property. LEGAL DESCRIPTION:Lot Zl Block pili'e \ Ui,\ U\i\r+. Vr<st $ 100 II, CRITERIA The Corununity Developnent Departnent and Design Review Board nay grant an exception to allow the addition of a second dwelling unit if the following criteria are met : 1.The second unit shal 1 not exceed forty percent of the total GRFA allowed on the lot; and 'Itre Conrnunity Developrnent Departnent shall find that the granting of the exception will not be detrirnental to the public welfare or injurious to other property in the area in which the subject proPerty is situated; and That no variances for setbacks, height, parking, site coverage or landscaping, site developnent or gross residential floor area would be approved unless the granting of such a variance benefits the visual appearance of the site and surrounding area; and 2. 3. (0\/ER ) Application fo" s"laury Unit -2- 4. That fifty percent of the required parking must be enclosed, and 5. The architectural design of the structure and the naterials and colors trust be visually harnonious with their sites and with surrounding sites and structures, and rnust not unnecessatily block scenic views frorn existing buildings; and 6, Access to the secondary unit nust not adversely affect the privacy of adjacent structures; and 7, The applicant nust demonstrate that the site has the ability to double its capacity for handling trash and outdoor storage. III. RESTRICTIONS Pursuant to Ordinance 22, Series of l98l of the Town of Vail , prior to issuanceof a building pernit, an agreenent to the following conditions must be signed by the property owner or owners on a form provided by the Departnent of Cornnunity Developxnent : 1. That the secondary dwelling unit shall not be sold, transferred or conveyed separately fron the prinary unit for a period of not less than the lifeof Trent William Ruder, a life in being, plus twenty-one (21) years from the date that the Certificate of 0ccupancy is issued for said secondrmit, and 2, That the secondary dwelling unit shall not be leased or rented for any period of less than thirty (30) consecutive days, and that if it shallbe rented, it shall be rented only to tenants who are full tine employeesin the Upper Eagle Valley. The 'tUpper Eagle Valley" shall be deenedto include the Gore Valley, Minturn, Red Cliff, Gihnan, Eagle-Vail, and Avon and their surrounding areas. A I'full-tirne enployeet' is a person who works an average of thirty (30) hours per week, and 3. That the secondary dwelling unit shall not be divided into any forn of tineshare.s, interval ownership or fractional fee, and 4. That a declaration of covenants and restrictions shall be filed of recordin the office of the Eagle county clerk and Recorder in a form approvedby the Town Attorney for the benefit of the Town to insure that tirerestrictions herein shal1 run with the land. IV. TIME REQUIREqENTS The Design Review Board meets on the lst, 3rd, and Sth Wednesdays of each month. The proposed plan and alI required materials rnust be submitted L7 days prior to the date of the meeting. 75 south lronlage road Yall, colorado 81657 (303) 4792138 (3Gr) 4792139 olfice of communlty devel oprnenl PUBLIC NOTICE Notice is hereby given that the Department of Cornmunity Development of the Town of Vail has received an application for a secondary unit, on a lot of less than 15,ooo square feet, in the Prirnary/Secondary Residential zone district. Applicant: David Austin Location of Proposal: Lot 20, vail village West, lst Filing 1739 Sierra Trail The application witl be considered at the Design Review Board neeting on Uay 17, L989, at 3:OO p.n., in the Vail Town Council Chambers. For further infornation please contact the Town of Vail Planning Departrnent at 479-2L3A. ,gl"ir\+,)s "l\eo \ o sr,rLl c ct Qco 9rrl1 -3q- tt zok _ __ ?o-u\o',(o. -$loor \ol -!-t - Do.o--,-Cy-Iuu -R tlo,ri.L.. Ja+.r- ,_lL t\uuicL-, ?-.Ur-- -- Ztql C!"-o' -oo:ur- \s*\o,.-# tZ \l^,! ,cr . tto (l | -t -z\ - C. \\ ..,. , D^r\, ,ll. &, ?3-p I -,Gs"*ro-d-3ru1* - - ili*\,.*A-$ccfn-*r --€t =52-- -- lsL-lE----C3*Lr A \** ( Srooksic\-r- Qird- ,. -\ -5ro'.rrl\\\<- ,' N). \o-?ot Project Appllcatlon Proiect Name: Proiect Description: Contact Person and Phone Owner. Address and Phone: Architect, Address and Phone: >o I e l'h lt Zone - Design Review Board Motion by: tfC.STe n *<-rS-f Seconded by: APPROVAL DISAPPROVALv(re 5-.-o ?.- fZo s *( *- k Town Planner E Statt Approval .',7 ( ( G.- _/,s111 - t.< d -',/:"- -'a.,1[)-, ,,,/ 'k ..:, n /" ( t) 4f-i\ Q:r 2,.,-- '' z{i' c, oil 7- s-/-s -/, ,,4 ;- r.?, l jr, .J J ,-d .;' ,/ LL*,u i- - -/2 ' ,.',,. ':'* t' I Z-t-.- ', , 75 south frontage road vail, colorado 81657 (3031 479-2L38 or 479-2L39 TO! EROM: DATE: SUBJECT: oftlce of communlty development ALL CONTRACTORS CURRENTLYL REGTSTERED WTTH THETOI'IN OF VAIL TOWN OF VArL puBl,rc WoRKS/COMMUNITY DEVELOPMENT MARCH 16, 1988 CONSTRUCTION PARKING & MATERTAL STORAGE to Project (i.e. contractor, owner) rn surnmary, ordinance No. 6 states that it is unlawful for anyperson to litter, track or deposit any soil , .o"k, sand., debrisor material , including trash durnpsterS, poriable ioirets urra - workmen vehicles. upon. any streetl sidei,raik, af iey or publicp1?9e or any portion thereof- The right-"i-;t-;n arr Town ofVail streets and.Igag= is appro:<inate-.t-y S f:t. off pavemenc.This ordinance will be striitry entorcid by the iowrr of vailPublic works DeDartment. persons found viaraain; this orainancewill- be given a 24 hour written notice to rernove said material .rn the event the perso' so notifi-ed does not coinply with th;--notice within the 24 hour time specified, trre-pu[iic worksDepartment wirl remove said rnate-riat at it " "xp."se of personnotified_- The provisions of this ordinance shall not beapprtcable to construction, rnaintenance or repair projects ofany street or alley or any utilities in the right_a_rvay. To review ordinance No. 6 in futr, prease stop by the Town ofVail BuiLding Department to obtain a copy. Thank you for yourcooperati_on on this rnat-ter. acknowledged Position/nefaEionEffi 5l rr\ tt Date ' Tif USA Insurance Corporfin tE[#'Commitment for Title Insurance Tltle USA Insurance Corporation, Dallas, Texas, A Tsxas Corporation, hersin c€lled ths Company, for valuable consid€ration, hereby commi$ to issue its policy or policies of title insurance, as identified in Scheduls A, in ta\ror of tho propossd Insured named in Schedule A, as owner or mortgagee of the estate or intsrest covored her€by in thg lsnd describod or refoned to in Schedule A, upon payment of the premiums and chatges therefor; all subiect to the prodsions ol Schedulos A and B and to the Conditions and Stipulations hereol. This Commitmsnt shalt be efleetive onlv when the identity of the proposed Insurgd and the amount of the policy or policios committed for have bs€n insertsd in Scheduls A hsreof by the Comparry, either at the time of issuance of this Commitmeni or by subsequent endorsement. This Commitment is pr€liminary to the issuance ol such policy or policies of title insurance and all lisbility and obligations hereunder shall caass and terminate six (61 months after the effective date her€of or whon the policy or policies committed forshall issue, which€ver first occurs, provided thatthe failure to issus such policy orpolicios is not the lauh oflhoCompany. The Commitment shallnot be valid or binding untilcountersign€d by an suthorized officer or agent. lN WITNESSWHEREOF, Titls USA Insurance Corporation has caused this Commhmsnt to b€ signed and s€aled as ot ths effoctive date of Commitment shown in Schsdule A. Tltle USA Incurance Corporation Attest ,Q L ,,. /on U nt/ ,-.Lfl.tul*c+ n, av t4fll% Secretary Countedgn6d F*Eee Authorized Signatory AITA COfftFft lO ['|s|'rE nEnl 0106 lr l /6E) Prcpared lor: Mark Lefkov lcs 2954 Perry Street Denver, O 80212 CCrs to: Mark Lefkov lcs Davld Austln SCHEDULE A FlrstBank of Vall escrou Custqner Reference: Roberts GF No. 302146-C Plls I 1. Effective date: !,larch 15, l9g9 at 7:00 A.M. 2. Policy or Policies to be issued: (a) fr ALTA Owners Policy - Proposed Insured: DAV lD ruSTlN (b) ir ALTA Standard Loan Policy. Inqu iries should be directed to kmnry S. lilalters Amount Form_, -. -1970 $_--_90TO0O-OO- Coverage - 1970 $-- TBD Proposed Insured: FIRSIBAI.IK 0F VAIL 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE 4 Trtle to said estate or interest in said land is at the effective date hereof vested in: CEL IA JAI.IE RGERTS 5. The land reterred to in this Commitmenl is located in the County of Eag I eState of golOrado and described as follows: LEGAL DESCRIFTION SET FORTH ON SHEET ATTAGED HERETO AI,ID BY THIS REFERENCE INORPORATED HEREIN AI.ID MADE A PART HEREOF. Ownerrs Premlum: $ 451.00 Lenderls Prsnlum! $ 40.00 Addr I Orarges: $ Tax Certlflcate: $ TOTAL OIARGES: $ 475.00 AMERICA]I LAND ?ITLE ASSOCIATION COPYRIGHT 1071 (REV.) SCHEDULE A FORiI 106 GS 'OM€A7H SO{EDULE A - conflnued Order No. 502146-C Plaf l.D. No. V-59 Ooverlng the Land In the State of Colorado, County of Eagle Described as: Lo'l 20, vAtL v TLLAGE ltEST, FtL ING N0. l, accordlng to the recorded plat thereof. O scHFDUrr B-l Oro. t02146 -c l. Tlrc lollo\^,,ing zrrc lhe requiremenls lo br: complitd with: 1. lnstrumcnls necessary to creale the estate or interest to be insured must be properly executed, dclivered and duly filed lor record. 2. Payment o{ lhe consideralion for the estale or inlerest to be insured. 3. Payment ol all taxes, charges, assessments. levied and assessed against subject premises, which are due and payable. 4. Satisfactory evidence should be had that improvements andlor repairs or alterations thereto are compleled: lhat contf actor, subcontraclors, labor and materialmen are all paid. 5. Release by the Publ tc Trustee of Eagle Oounty of the Deed of Trust frcrn Cllla Jane Roberts for the use of The Bank of Vall, to secure $21 ,000.00, dated May 1,1973, and recorded May 8, 1973, In Bcrclk229at Page 29. 6. Deed frcrn l4arc Lefkovlcs to Davld Ausiln. N0TE: Thls requlranent ls necessary as lt appears Marc Lefkovlcs has a posslble lnterest In the Agreanent betreen Cel la J. Roberts and Marc Lefkovlcs recorded June 8, 1987 In Book 465 at Page 920. 7. Deed f rqn Cel la Jane Roberts to Dav ld Ausfln. 8. Deed of Trusf frcrn Davld Austln to the Publ lc Trustee of Eagle Oountyfor the use of FlrstBank of Vall, to secure an amount to be determlned.. 9. Evldence satlsfactory to the Conpany or lts duly authorlzed agent that the trreal estate transfer taxn lmposed by Ordlnance No. 26, Serles of 1979, of the Town of Vall, Oolorado has been pald, and thatthe llen lmposed by Sectlon ll thereof has been fully saflsfled. SCHEOULE BT AMERTCAN LANo rtrLE AssoclATroN copyRrcHT 197r (REv.l F.BM r.G Gs 40ft'887H sclttDU[t B-lr Oo"r No. 502146-C ll St:herhrk F) o; lhe polrcy or policies lo l)c rssiued wrll contain exceptions to the following matlers unless lhe same are ' disposeiJ 01 1L) llrt-'salislaclron of tltc Contpany: 1. Fr(tf rts or clairns of parties irr possession not shown by the public records. il Fasemenls or clarms ol easem0nts, not shown by the public records. 3. Discrepancie:,. conllrcts in boundary lines, shortage in area, encroachments. and any tacls which a conecl survey and insf)cclion of lhe premises would disclose and which are not shown by the public records. 4. Any lien, or nqht 10 a lien. tor services, labor or material therelofore or hereafter furnished, imposed by law and nol shown bV the public records. 5. Delects, liens, encumbrarrces, adverse claims or olher matlers, il any, created, trrst appearing in the public records or attaching subsequenl to lhe elfective date hereol bul prior lo lhe dale the proposed insured acquires: of record for value the estate or inlerest or morlgage lhereon covered by this Commilment. Exceplions numbered are hereby omalled. 6. Taxes due and payable; and any tax, special assessments, charge or llen lmposed for water or sewer servlce, or for any other speclal taxtng dlsfrlct. 7, Right of ray for dltches or canals constructed by the authorlty of the Unlted Stafes, as reserved ln Unlted States Patent of r€cord. 8. Restrlctlons, whlch do not contatn a forfelture or reverfer clause, but qnlttlng restrlctlons, lf any, based on race, color, rel lglonor natlonal orlgln, as contalned In instrument recorded October 25, 1965, ln Book 178 at Page 149, amended by Instruments recorded December 6, 1963 In Book 178 at Page345 and February .|6, 1970 ln Book 217 a+ Page 76. 9. Easemenfs flve (5) feet ln wldth along the rear and slde lot llnesof subject property, as reserved on the recorded Plat of sald Subdivlslon. 10. Agreanent betleen Cet la J. Roberts and Marc Lefkovics recorded June8, 1987 ln Book 463 at Page 920. 1.|. Any unrecorded lnstal lment Land Contracts. 12. Any and al I unredesned +ax sales. NOTE: Upon recelpt of a Certlf lcate of Taxes Dr.re evldenclng thatthere are no exlstlng open tax sales, the above exceptlon wlll not appear on the pol lcles to be lssued hereunder. scHt ot,LF 8 rl AMERICAI{ LAND TTTLE AssOcrAilON copyRtcHT t9z1 {8Ev.} ',[3lAi3[]3i't""'ut' a CONDITIONS AND STI PULATIONS 1 . The term "mortgage," wh6n used heroin, shall include d6ed ot trust, lrust deed, or olhor sgcurily instrumenl. 2, It thg proposed Insured has or acquires aclual knowledge ol any defect, li€n, encumbrance, adverse claim or olher matter atfscting th6 estate or int€rsst or mortgag€ thsroon cov€red by this Commilment oth6r than those shown in Schedulo B hereof, and shall lail ro disclose such knowledge io the Company in writing, the Company shall be relieved from liability tor any loss or damage resulting from any acl ol roliance hereon lo the extent the Company is preiudiced by failure to so disclos€ such knowladge. lf the proposed Insured shall disclose such knowledge to the Company, or it the Company otherwise acquires actual knowledge of any such defect, li6n, €ncumbrance, adverso claim or other mattar, th6 Company at its oplion may amend Schgdule B of this Commitment accordingly, but such amendmont shall not reliev€ the Company from liability previously incurrsd pursuant to paragraph 3 of these Conditions 6nd Stipulations. 3, Lisbility ot the Company under this Commitment shall be only to the named proposod lnsured and such pariios included und6r the detinition oJ Insured in the lorm oJ policy or policies committod for and only for actual loss incurr6d in reliance hereon in undertaking in good faith (a) to comply with the r6quirements h6.eof, or (b) ro eliminate exceptions shown in Schsdule B. or (c) to acquire or create lh€ astate or interest or mongage ther€on cowred by this Commitmont. In no event shall such liability excoed tho amount stated in Schedule A for tho policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Covorage of th€ form ot policy or policies committed for in favor of tho propos€d Insured which are hereby incorporated by reference and ars made a part of this Commitment €xcaot as exDresslv modified herein. 4, Any action or actions o. rights oJ aciion lhat ihe proposed Insured may hav6 or may bring againsl the Company arising out of the slatus of the titl€ to the estate or intorest or the siatus of th€ mongage thereon covered by this Commitmsnt musi be basad on and are subiect to the provisions ot this Commitmanl. ot "l ft ) APPLICATION DATE: OF DRB DRB APPLICATION / *****THIS APPLICATION IIILL NOT BE ACCEPTED UNTIL ALL INFORT'IATION IS SUBI'IITTED*** I. PRE.APPLICATION MEETING: A ore-aoplication meeting with'; planning staff member'is strong'ly suggested to e"i;''i;6'i;-;;i"";Jiiionat inforiration is needed.. Nq lppligt!1ll-lill-!:,T9:l!:{A pre-application meeting with-a planni ilflt;'il i; ililpil;-iil;i iiiiiirle ati rlems requiTd.bl !h:.19ni19 1$ili:!"1!9l)' IIEETII{G: id'ii tf," applicantii iesponsibility to make an_dppointment.with the staff to find out aUort aiiitionat submittal requirements. PIease note that a C0MPLETE gPPlica- .::,' iion wi1 streamline the approval process for-your proiggl by decreasing the nunber |i-loriOitions-oi approvat Lhat the'DRB may sti.pu'late. ALL conditions of approval must be resolved before'i Uuitaing permit is issued. A. PROJECT DESCRI PTION : .. .. ...\ I J T ..S. < T c" B. LOCATION Address OF PROPOSAL: rl Legal Description Bl ock Filing Zoning C. NAME OF APPLICANT: Address tl3q S, trc.. +cc..\ \} o , \ , ee\.' \tr'sl telephone. L(-l Cl-t r'o- NAME OF APPLICANT'S REPRESENTATIVE: Addres s D. E.MME OF OllNERS:t Sa.*"c- .\t/\Signature ,\. ^-.\ (/^-*t-i Address F. DRB FEE: tel ephone The fee will be paid at the time a bui'lding perm'it is requested. FEEVALUATION IMPORTANT NOTICE REGARDING ALL SUBMI5SIONS $ 10.00 $ 2s.00 $ 50.00 $100.00. $2oo.oo $300.00 TO THE DRB: l. In addition to meeting submitta'l requiremeints, the_applicant must stake the site io inatcate property iines and building.corners., I"g"t^ that wjll be removed should also be inarniA. This work must be completed before the DRB visits the . si te. 2. The review process for'NE}{ BUILDINGS of the Design Review Board, so Plan 3. People who fail to appear before the Design Review Board meeting and t,,ho have not asked for a postponement will be republ i shed. $ 0-$ 10,000 $10,001 -$ 5o,ooo $:50,001 - $ 15o,ooo $150,001 - $ .500,000 $500,001 - $1,000,000$ 0ver $1,000,000 will normally involve two separate meetings on at least two meetings for their approval. at their scheduled required to be o c- The following ltems no longer have to be. presented-to.the Design-Revlan Board.'' iiiiv,-ti-iiii, have to be Fresented to the Zoning Mnlnlstrator for approval: a. l{lndows, skyllghts and slnllar exterlor changes that do not alter the existing Plane of the building; and b. Bui'tding addltlons that are not vlerwed tloq lny other lot or publlc space' wfricfr nive had letters submltted fron adJoinlng property omers approvlng _ iii"-iOaitton; and/or approval fr.om the agent for, or nanager of a condmlnlum association. You may be required .to conduct Natural Hazard check iittr a Town Planner before proceedlng.5.Studies on JDur property. You shou'ld MME OF PROJECT: LEGAL DESCRIPTION: STREET ADDRESS: DESCRIPTION OF The following information is required for submittal Board before a final approval can be fiven: A. BUILDING MATERIALS: TYPE OF MATERIAL LIST OF MATERIALS Zs by the applicant to the Oesign Review COLOR r-s+ Roof Sj di ng Other Wall B. LANDSCAPING: Materi a'ls Fasci a Soffits . l,|indows blindow Trim Doors Door Trim Hand or Deck Rai]s Fl ues F'lashi ngs Ch'imneys Trash Enclosures Greenhouses 0ther nrl2?lr rns+. fo'\ *.^, a ^-!_,.^t.l PLANT MTERIALS: PROPOSED TREES EXISTING TREES BE REMOVED of Designer: I Phone: Botanical Name - l Si ze* (, -.\'X-IL Quani ty &{ 3 Common Name I).f ,r< \nUo*da-s Y, ( . /l,l4r'n" *Indicate caliper for deciducious trees.Indicate height for . . .1 . :. cohi fers. . (over) . - PLANT IIATERIALS: (con't) SHRUBS EXISTING SHRUBS TO BE REMOVED GROUND COVERS Botanical Name Tvpe Cormon Name Quani ty a Size . ".:.rttf t Square Footage s0D SEED TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL C. 0THER'LANDSCAPE FEATURES (retaining walls, fences' swimming pools, etc.) Please specify. o o ^841 ',i- 4 \r..' .1- ' ZONE CHECK FOR SFR, R, R P/S ZONE DISTRICTS DATE: 't LEGAL DESCRIPT ADDRESS: Ot,lNER ARCHITECT PROPOSED USE LOT SIZE Hei ght TotAI GRFA Primary GRFA SecondarY GRFA Setbacks: Front Sides Rear f'r,Jut." course - jt t " i-4 ---:( v1 ll ProPosed zj)-' -lg+a--+++s4 " ^tf ,, v*w c3?-J / 31 ? . '' it;|- \,P',1 -1+4R 1 o rt (' 1 i{', Lt1, ,_121i"{rt,i;r<' 9;t -35, ,,i o I Site Coverage Landscapi ng Fence/Retaining "'lal 1 Heights Parki ng Credits: Garage Mechani cal Ai rl ock Storage Solar Heat Drive: Slope Permitted Envi ronmental /Hazards : ztffi ze r 'l r..l --$-<2+? fl+ llM Loe }{!- ,1 ( Slope Actual Avalanche n a Flood Plain l" r Illnnc (\r ^ \n't- Wetlands n b Geologic Hazards r'1o Li('v' t* ON Block \ ril ins \ $ o.\ tJ,1r1plJ-+l- Phone qtG ??Go Phone Al'lowed (30)(33) 391:/ '2- oz-(.N I Lq t,{ ?0' 15' 15' (30)(50) 2-1a 7,y (3oo)(600) (eoo)(1200) (50) (1oo) (25)(50) (2oo)(4oo) Comments: Zoni ng: Approved/D'i saPProved Date: Staff Signature .i/. \ / x',, '. v\A n%*t' I x /q t\J- ( /ti(Y o,:Yrr .i/ Iv\' k"'\ I ; .P IJo>roBou c,|L..-Gc>o .9o L.Et +, E ;t,E Eur,|torts.F vltt.fJ s oI'I .'J L€ LE.ggE.FOUI>:tJo+rUltEE>r(,'Fc'c,c)t,E a+t o,.|| = L! q, +t B o:=TEE4>,.F. ul +, g€E*8rEG' I 'ElcoEot,oo>oEF.. 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E\,r4,- (c"-rp\r\<.\ fq- E."tc 1*.r.\ to^.\s <1,-- .\ t.1;"..,.* I V',.c^....r."-- .^.,.-t *1 \-.-.4 scTi-.\ c(l,*-ir.- -,..^-..-."\ . \to.^'.+r-r tst,r's q< Soo*'r c^S lseSit\<- S v-i\\ vrc^.-^,-',+ Aqs-,... \"-t bc-\.t"-r 3\ , \11\ r-----A c,.-t\ Q-"r [: -.-.^\ \-,. ty c!io1_ ?1..^**-.lr( ct v^^-L \'r--.,1 o,*, 'r g lv..r-r<- i: @-v\\ f co\:L''1 tr r.^r i\'r^- *.\ g\a^-,.< . 75 South Frontage Road Vail. Colorado 81657 303 -479-2 I 38 / 479-2 I 39 FAX 303-479-2452 Date: May 6, 1994 To: David Austin 1739 Siera TrailVaiI, Colorado 815s7 Dear Sirs, On a recent check of building permit.s,referenced permit has expired. Deparnne nt of Connuniry Developtnent we find that the below Department has not received a requestthis project, the last. inspection 811990. Please reply in regards tothe date you receive this lett.er. is reguested. ff you have any furthermatter please feel free to contact me The Town of Vail Buildingfor a final inspection onrequest was dated Octoberthis within 30 days from Your immediate attentionquestions concerning thisaE 479-2138. Sincerely, /1e-.4-{-Dan Stanek TOV Building fnspector Expired Pernit fnformation Final Inspection was disapproved because of the followingcondit'ions: 1. Guardrails on decks not, comple:'e. z. tands6apingnot approved. oI '/t-q- -c-.1t-^> V-tz * <a--'-.--- A h".--rl^f ,-r-j , l-c-s,!/; -. rt/'l 'tf* t / {le - 7764 jtl'vt z t:tr47 ,. r ti/wt rl.{t i, i1 'i rir.l ,ilil &o+, - fu"a - W-- /-A #=-fu,* 1,,,--*1 - Vt/- J"---"*JA- )-./' ' ,- / Lo-"1*--L t,-(- y'.(. 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