HomeMy WebLinkAboutVAIL VILLAGE FILING 7 BLOCK 6 LOT 1 LEGAL?r/r,zfitt"1.6 t 7
lof Il'A
Design Review Board
ACTIOil FORFI
Depdrtment of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel:970.479.2139 fax:970.479.2452
web: www.vailgov,com
Projectt{ame! REPETTI DEADTREE REMOVAL DRB Number: DR8070548
Project Description:
FINAL APPROVAL FOR DEAD TREE REMOVAL
Participants:
OWNER RUTHERFORD, SUSAN REPETTI LOIOLIaOOT
3466 ELLA LEE LN
HOUSTON'fx 77027
APPLICANT ANN REPETTT LOl0Ll2O07 Phone: 970-476-5581
1OO1 VAIL VALLEY DR.
VAIL
co 81657
1OO1 VAIL VALLEY DR VAIL Location: 1OO1 VAIL VALLEY DRPrciect Address:
Legal Description:
Parcel Number:
Comments:
loh 1-A Block 6 Subdivision: VAIL VILLAGE RUNG 7
2101-081-0100-4
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
ACtiON: STAFFAPR
Date of Apprcvall. L010212007
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constihrte a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Nicole Peterson DRB Fee Paid: $20.00Planner:
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L28 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Rwiew
cannot be accepted unul all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Crmmission,
Design review approial lapses unless a building pemit is issued and construction commences within
one year of the approval.
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Location ofthe Proposal: Lot:Block:Subdivision:
Z/df os s (Conbct Eagle Co. Assessor at 970-328-86,10 for parcel no.)
Zoning:
Name(s
Mailing
Owner(s) Signature(s):
Physical Addrcss:
Name(s) of Owner(s):
Name of Applicant:
Mailing Address:
E-mail Address:
Phone:
$50 Plus $1.00 per square foot oftotal sign
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc,
TZ.0--Tot minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board,
No Fee
Type of Review and Fee:
Signs
Concepfual Review
New Consfuction
Mdition
Minor Alteration
(multi-family/commercial)
Minor Alteration
(single-family/duplex)
Changes to Approved Plans
Separation Request
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Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
Fnx 970-479-2452
www.ci.vail.co.us
April5,2001
Sally Brainerd - RKD
1000 Lionsridge Loop
Suite 3D
Vail. CO 81657
and
Larry Deckard
P.O. Box 725
Avon, CO 81620
Re: Lot 1, Btock 6, Vait Vittage / fiting - 1001 Vail Valtey Drive
SENT VIA FACSIMILE AND U.S. MAIL
Sally and Larry:
At its April 4n meeting, the Town of Vail Design Review Board (DRB) conceptually
reviewed lhe above-referenced applications. The following is a synopsis of the board's
commenls:
. Pursuant to the Town of Vail Design Guidelines, primary/secondary development
must be designed in a manner that creates an architecturally integrated structure
with unified site development. Unified architectural and landscape design shall
include, but not be limited to,lhe use of compalible building materials, architectural
style, scale, roof forms, massing, architectural details, site grading and landscape
materials and fealures.
. There needs to be more unity of treatments and architectural details among the two
units. For example, the window mullion treatmenls and window trim details are not
carried consislently throughout both remodels. Additionally, there seems lo be a
discrepancy between a'clean contemporary design'vs. 'alpine ambience'on each
respective unit. lt is recommended the owners get together and devise a unified
scheme for the entire duplex. The current proposal reads like two separate
buildings. Although the massing is consistent throughout, the details need a little
more attention.
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These applications are scheduled for final rwiew by the DRB on April 18th. Please
submil your design review revisions no laterlhan 12:00 noon on Monday, April 16t. lf
you would like lo discuss this matter in greater detail, please contact me at (970) 479-
2140.
Sincerely,
9r-*
BrentWilson, AICP
Planner ll
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TO:
FROM:
DATE:
SUBJECT:
BACKGROUND AND DESCRIPTION OF THE REQUEST
The applicant, Kathleen Ferry, is requesting a setback variance to allow for a portion of a
new tv'o-car garage (17.5 square feet) and new gross residential floor area (17.5 square
feet) to be constructed within the front setback. The subject property fronts on two
streets (Vail Valley Drive and Eagle's Nest Circle) and is therefore constrained by two
front setbacks (20' each). The east unit of the duplex (Ferry residence) cunently has no
off-street parking. The proposed garage would be located within the existing building
footprint. The new third-level GRFA addition would be located above the cunent
building footprint as it exists within the front setback. Therefore, the only "nevy''setback
encroathment with this request is 17.5 square feet of GRFA at the upper level. The
subject property was subdivided and platted by Eagle coun$ in December of 1965.
The applicant's survey information indicates a variance is necessary to add the third-
level GRFA within the existing building footprint. According to a survey on file in the
Department of Community Development, the proposed addition will not encroach into
the setback at all. In an effort to address all potential encroachment concems prior to
construstion, however, the applicant has chosen to move fonrvard conservatively with a
variance request.
On May 8, 2000, the PEC approved a nearly identical setback variance on the property
noting the existing location of the structure (constructed prior to the adoption of
Primary/Secondary zoning on the property) and the mnfiguration of the lot as physical
hardships. The 2000 variance approval also involved the addition of GRFA above an
existing encroachment. Please refer to the attached plan reductions for details of the
proposal.
STAFF RECOMMENDATION
The Department of Community Development recommends the Planning and
Environhental Commission approve the applicant's request for a variance from Section
12-6D€, Town of Vail Code, to allow for an addition in the front setback, subject to the
following findings:
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MEMORANDUM
Planning and Environmental Commission
Department of Community Development
April9,2001
A request for a variance from Seciion 12€D-6, Town of Vail Code, to
allow for an addition in the front setback, located at 1001 Eagle's Nest
Circle/Lot 1, Block 6, Vail Village 7th Filing.
Applicant Kathleen FerryPlanner: BrentWilson
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1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the Primary/Secondary Residential Zone District.
2. There are exceptions or extraordinary setback circumstances or
conditions applicable to this site that do not apply generally to other
properties in the Primary/Secondary Residential Zone District.
Specifically: the rendering of the structure as non-conforming with regard
to setbacks after the adoption of new zoning in 1977.
3. That the strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the Primary/Secondary Residential Zone District.
Staffs recommendation also canies the following conditions:
1. Pursuant to Title 14 (Development Standards), Vail Town Code, proposed
balconies may project not more than five feet (5') nor more than one-half
(1/2) the minimum required dimension into a required setback area.
2. That the applicant submits a revised duplex plat for review and approval
by the Department of Community Development to reflect the proposed
changes to the building footprint. The approved revised plat will be
recorded with the Eagle County Clerk and Recorder by no later than April
9,2ffi2.
It is important to note staff believes the conditions and circumstances regarding setbacks
on this property are substantially different than the circumstances regarding previously
denied site coverage variance requests on this property. Staff has always
acknowledged a need for relief from setback limitations for this structure. Site coverage,
however, is apportioned based on the size of a lot and this particular lot exhibits no non-
conformities or hardships with regard to lot size.
REVIEWNG BOARD ROLES. VARIANCE
Order ot Revlew: Genenlty, apptications witt be rcviewed ftrct by tlre PEC for impacls of
the prcpo*d vaiane and then by the DRB for complianp of proposed buildings and
site planning..
Planning and Environmental Commissionl
Action: The PEC is responsible for final approval/denial of a variance.
The PEC is responsible for evaluating a proposal for
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicini$.
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibili$ and uniformity of treatment
among sites in the vicinity, or to attain the objectives of this Title without gmnt of special
privilege.
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3. The Effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
4. Such otherfactors and criteria as the Commission deems applicable to the proposed
variance.
Design Review Board:
Action: The DRB has no review authority on a variance, but must review any
accompanying DRB application.
The DRB is responsible for evaluating the DRB proposal for:
- Architeciural compatibility with other struclures, the land and sunoundings
- Fitting buildings into landscape- configuration of building and grading of a site wtrich respects the topography
- Removal/Preservation of trees and native vegetation
- Adequate provision for snow storage on-site
- Acceptability of building materials and colors
- AccebtaOility of roof elements, eaves, overhangs, and other building forms
- Provision of landscape and drainage- Provision of fencing, walls, and acoessory structures- Circulation and access to a site including pafting, and site distances
- Location and design of satellite dishes
- Provision of outdoor lighting- The design of parks
Stafr:
The staff is responsible for ensuring that all submittal requirements are provided and
plans conform io the technical requirements of the Zoning Regulations. The staff also
advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates
the review prcoess.
Town Council:
Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council.
Town Council evaluates whetheior not the PEC or DRB ened with appmvals or denials
and can uphold, uphold with modifications, or overtum the board's decision.
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ZONING . SETBACK STATISTICS
Zoning District:
Lot Size:
Minimum Required Lot Size:
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Primary/Secondary Residential District
15,960 square feet
15,000 square feet
Standard Allowed/Required Proposed
Setbacks
Front (Ferry/east) 20ft.Side 15 ft.
Front(RepettiArvest) 20ft.
* prcviously approved setback uaiance*pre-existing setback encroachment
V. CRITERIA AND FINDINGS- SETBACK VARIANCE
18 ft. (perfloor plans)
13.3 ft.* (per ILC) / 22 ft.
11.5 ft.**
A.Consideration of Factors Reqardino the Setback Variance:
1.The rclationship of the requested variance to other existing or
potential uses and struc'tures in the vicinity.
Although this application involves a2' (+ s7 -) encroachment into a
required front setback, all other bulk and mass restrietions (GRFA, site
coveEge, building height) on the property would be met with this
proposed remodel. Therefore, staff believes the finished structure would
be lompatible in size to other existing uses and structures' Additionally'
the existing deficiency of off-street parking for the applicant's residence
creates an aesthetic and traffic circulation @ncem for adjacent neighbors.
Therefore, staff believes the proposed garage addition will have a positive
impact upon other uses in the vicinity.
Additionally, it appears the applicant has responded to previous direction
given by the Town of Vail Design Review Board to locate the gaEge
within the existing footPrint in an effort to avoid impacting mature
vegetation on site.
The degrce to which relief from the strict and literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the objectives of this title without a grant of special
privilege.
Hardship: The applicant's residence was constructed prior to the
adoption of zoning regulations in the Town of Vail' The structure became
non-conforming only after the Town applied Primary/Secondary zoning in
1977. On May 8, 2000, the PEC made a finding that these conditions
constitute a hardship for the property and granted a similar setback
variance. Staff agrees with the PEC finding ior both the Past and cunent
variance requests.
3.
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Special Privileoe: The following is a summary of similar garage/GRFA
setback variances granted by the PEC in recent years within the
Primary/Secondary zone district:
. Huerta Residence. 3003 Bellflorrver Dr.
The variance that was approved by the Planning and Environmental
Commission allowed 90 sq. ft. of GRFA beneath the garage.
a
Allowed for approximately 1 10 sq. ft. of GRFA in the front setback.
. Hilb/Cumminos Residence. 2338 Garmisch Dr.
815 sq. ft. of GRFA was allorved beneath the garage within the front
setback.
' Phillips Residence. 2696 Davos Tr.
The lot has slopes greaterthan 30%, therefore the garage was
located in the front setback. 874 sq. ft. of GRFA was allowed beneath
the garage.
.@
tne etanning and Environmental Commission found a hardship in the
steep slopes off of Forest Rd. No GRFA was approved in conjunction
with the garage, and the applicant actually removed GRFA from
beneath the second garage in the setback as part of the approval.
. Avlesworh Residence. 2586 Davos Tr.
24 sq. ft. of garage was located in the side setback as part of this
variance request.
. Lashovitz Residence. 1748 Siena Tr.
ruo GRFR was approved in mnjunclion with a variance granted for a
garage.
. Tavlor Residence. 2409 Chamonix Rd.
l.to CnfA was approved in conjunc{ion with a variance granted for a
garage.
Given the history of other variances granted for properties with similar
circumstances within the Primary/Secondary zone district, staff does not
believe approval of the proposed sehack variance would constitute a
grant of special privilege. Additionally, staff does not believe the
froposed encroachment is excessive in its deviation from the setback
requirements.
The effect of the requested variance on light and air, distribution of
population, transportation and trafric facilities, public facilities and
utilities, and public safety.
Staff does not believe there tvould be any negative impacts associated
with this proposal, if constructed, on the above-referenced criteria.
B.
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The Plannino and Environmental Commission shall make the followino findinos
before qrantino a variance;
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other prcperties classified in
the same district.
2. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is waranted for one or mone of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
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TOWN OFVAIL
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75 South Frcntage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.w
March 23,2001
Sally Brainerd - RKD
1000 Lionsridge Loop
Suite 3D
Vail, CO 81657
Re: Lot 1, Block 6, Vail Village f Filing-the Ferry Residence
Sally:
The following are comments from town statf regarding the above-referenced application
for a variance and design review approval. Please have revisions completed a minimum
of three days prior to your scheduled final Design Review Board meeting.
' Please re-adjust the limits of disturbance" fence on the north side of the residence to
allow adequate room for construction.
. Please provide ridge elevations on the site plan for all roof ridges.
' Please provide the locations of all exterior lights on the site plan. This is necessary
t0 ensure compliance wilh the town's exterior lighting ordinance.
' You may want to refer to the Uniform Building Code with regard to the proposed
west{acing window along the party wall,
This application is scheduled for review by the DRB on April 4th and the PEC on April 9th.
Please let me know if you would prefer alternate meeting dales.
Sincerely,
A*'t.-\--
BrentWilson, AICP
Planner ll
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Deparnnent of Community Development
75 South Frcntage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www,ci.vail,co,us
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March 23, 2001
Larry Deckard, A.l.A.
P.O. Box 725
Avon, CO 81620
Re: Lot 1, Block 6, Vail Village 7 Filing - the Rutherford Residence
Larry:
The following are commenls from town staff regarding the above-referenced applicalion
for design review approval. Please have revisions completed a minimum of three days
prior to your scheduled final Design Review Board meeting.
. Please provide a "limits of disturbance'fence to allow adequate room for
construction while minimizing impacts to the remainder of the site.
. Please provide ridge elevations on the site plan for all roof ridges.
. Please provide the locations of all exterior lights on the site plan. This is necessary
to ensure compliance with the town's exterior lighting ordinance.
. lf any new grading will occur around the proposed garage addition, please provide
the appropriate contours,
This application is scheduled for review by the DRB on April 4th Please let me know if
you would prefer an alternate meeting dates.
Sincerely,
B^-+Q:
Brent Wilson, AICP
Planner ll
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O '* rrEM MAY AFFE.T YouR PR;Eil
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on April 9, 2001 , at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for a worksession to discuss the rezoning of the Mill Creek Court Building from CCI
to a zone district or soecial develooment district that would allow office and residential uses on
the street level, located at 303 Gore Creek Drive/Lot 1, Block 5A, Vail Village 1st.
Applicant:
Planner:
Applicant:
Planner:
A request for a Type ll Employee Housing Unit, located at 0097 A&B Rockledge Road/Lots 3,{
& 38, Block 7, Vail Village 1"'Filing.
Applicant Bennett & Jacquie DorrancePlanner: Allison Ochs
A request for a variance from Section 12-6D-6, Town of Vail Code, to allow for an addition in
the front setback, located at 1001 Eagle's Nest Circleilot I , Block 6, Vail Village 7th Filing.
Applicant: Kathleen FenyPlanner: Brent Wilson
A request for a final review of a conditional use permit, to allow for the construction of Phase I
of Donovan Park improvements, generally located southeast of the intersection of Matterhorn
Circle and the South Frontage Road.
Applicant Town of VailPlanner: George Ruther
A request for a recommendation to the Vail Town Council on the adoption of the Eagle County
Regional Trails Plan.
Mill Creek Court Condominium Association, represented by Larry Eskwith
Allison Ochs
Eagle County Regional Transportation Authority, Town of Vail
Brent Wilson
A request for the review of a proposed text amendment to Chapter 11, Design Review, of the
Zoning Regulations to allow for procedural changes to the performance bond process as
prescribed in the Vail Town Code.
Applicant: Town of VailPlanner: George Ruther
A request for a minor amendment to the Golden Peak Development Plan, to allow for the
addition of a skier tunnel, located at Tract B, Vail Village 7tn Filing.
Applicant: Vail ResortsPlanner: Brent Wilson
STAFF APPROVED ,L
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A request for a minor "r"rt"fr" Speciat Devetopment District *?" t* ", *"
conversion of an existing indoor tennis court to a spa, located at 1295 Westhaven
Drive/Cascade Village.
Applicant L-O Vail Hotel Inc.Planner: Allison Ochs
STAFF APPROVED
A final review of a request for a recommendation to the Town Council for a rezoning from
Agriculture and Open Space to Primary/Secondary Residential and a Minor Subdivision to
create two residential lots and a request for a recommendation to the Town Council for an
amendment to the Vail Land Use Plan changing the land use designation from Public/Semi-
Public use to Low Density Residential, located at 3160 Booth Falls Road/Part of Lot 12, Block
2, VailVillage 12'n Filing.
Applicant: Boothfalls Homeowner's Association, represented by Braun Associates, Inc.Planner: Russell Forrest
The applications and information about the proposals are available for public inspection during
regular office hours in the project planneis office, located at the Town of Vail Community
Development Department, 75 South Frontage Road. The public is invited to attend project orientation
and the site visits that precede the public hearing in the Town of Vail Communig Development
Department. Please call 479-2138 for information.
Sign language interpretation available upon request with 24-hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published March 23. 2001 in the Vail Dailv.
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Datc:
Lcgal dcscription: Lot I Block 6 Fi[ng
ZONE CHECK
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Addrcss
Osncr
iu VlrvLe l\/re
Architcct
Lot sizc
Phonc
Phonc
Zonc district hoposcd usc
. Allorvcd
rotarGRFA 2! * ! i5 u =-sl <t J-
(E)r;n"vcpp4 L 3oE +(a25) tfr1=]J$_TJ
(W)Scconaary 6Bp6 t, f !E + $2, (@)=_j :, 2_
Existine Proposed Total
=. f, o6\
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+ 675 = 425 crcdit plus 250 addition
Docs this rcqucst involvc a ?50 Addition? Y e S G L)
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20'
.l 5'
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Minimurn
36
Garagc Crcdit
Drivcway
Complics wirh TOV Ligbting Ordinancc
Arc finishcd gradcs tcss than 2:l (500/0)
Environrn cntal/llazards
lrr orroPoscd Slopc ' -. o 7
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,
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2) Floodplain
4) Watcr Course Sctback (30) (50)
5) Gcologic Hazards
a) SnorvAvalanchc
b) Rockfall
c) Dcbris Florv
Prcvious condirions ofapproval (chcck propcrty flr)
te(stcE €rtClLoftcv+ \ e-JT)
(300) (600)o6b.(1200)
PcrmittcdSlopc lL o/o
Ycs No
Ycs No
l) Pcrccnt Slopc (< >30%)
- ll ,?-tt lt,>q1
t+
It . (eF,,!r,^Jt, t
(5) t+t\77c,')
17, t (Pe'-t
Remaining
t1+
Horv much of tbc allorvcd 250 Addition is uscd with this ,gqu"rtz (e) 6 ) ? ) ! d) I 31 *
Sitc Covcragc
Hcight
Sctbacks
Landscaping
RcainingWall Hciglts
Parking
3'/6'
Rquircd 6
9t Pt>
00x6
Front (,'r)
Sidcs
Rtr(e)
1d)(l, L1t f
Encloscd
t/
./
Is thc propcrty non-conforming? De;cilbc: ! € J (ev'Cr,*'h)
oo ol
DESIGN REVIE1V CMCKLIST
Projcct:
tr SUR\EY
.._ Bcnchmark
!
i'
Lot Sizc
Buildablefuea
Eascmctrts
Topognp[y
100 g. flood plain
Watcr Counc Sctback
__ Environmentalllaztrds
Trees
Utility Iocations
Spot clwations
o srrepraXr
tr FLooRPLA}TS
Scalc
GRFA
250 additional GRFA
Crarvl\Attic Spacc
EHU
tr BULDD.IGELEVATIoNS
Scalc
Color\ivfaterials
Roofpitch
O I.A,}IDSCAPEPLAN
Existingtccs
proposed fces
Lcgcnd
MISCELIANEOUS
Condo Approval
Titlc rcport (A & B)
Uti lity vcrif cati on form
Photos of sitc
Scalc
Buitding Hcighr
Encroachmcnts
Sctbacks
Site Covcrage
EavcVOvcrhangs (4)
Declstsalconics
Garagc connection
_ . Sitc Cradc\Slopc
RctainingWalls
___ TumingRadius
Drivcrvay (acccss and gradc)
Snow Storagc
Firc Acccss
Building matcrial samplcs
C.O. Vcrification
Sun\Shadc Anglcs
Utilities (undcrground)
Vicrv Corridon
Varianccs
Plat rcstictions
o
APPTICATION FOR DESIGN REVIEW APPROVAL
CENERAL INFORMATION
This application is for any projcct rcquiring Dcsigr Rcviov approval. Any projcct rcquiring dcsigr rwiclv must
rcccivc Desigr Rwiov approval prior to submitting for a building pcrmit For specific information, scc the zubmittal
rcquircmorb for thc particuiar approval that is requcsted Thc applicarion cannot bc acccptcd until all thc rtquired
inlbrnration i.s submincd. Thc projcct may also nccd to bc rcvicwcd by thc Town Council andlor thc Planning and
Environmcntal Conrnrission. Dcsign Rcvicw Board approval cxpircs one ycar aftcr final approval unlc$s a
building pcrmit is issued etrd co$truction is startcd.
4., DESCRITTION OF THE REQUEST:Relocate existinq qaraqe-
250 Sq. Ft. GRFA Addition, New Master Bath
q"*Ooll thc Plurning Staj'i :r. "i7:''-:,23
TAWNOFVAII,
B.
c.
D.
E.
LOCATIONOFPROPOSAL: LOT: I BLOCK: 6 FILING: 7th
PHYSICALADDRESS: 1001 Vail Valley Drive rAl
PARCEL #: 4l /tl h E/ 0/ 00 | (ContactEaglc Co.Asscssors Officeat970-3ZE-Sg0forparcel #)
ZONINC:Residential
NAMEOF OWNER(SI'
PHONE:
OWNER(S) SIGNATTJRE(S):
MAILINC ADDRESS:3!{bb 5\lct Lze LN
F.
\J.NAME OF APPLICANT:
MAILINC ADDRESS:
Houston, TX 77027 PHONE:l-z
H. TYPE OF REVIEWAND FEE:
E Ncw Construction - $2fi1 Constuction ofa new building
0l Addition - $50 Includcs any addition whcrc square footagc is addcd to any rcsidential or
conunercial building.
tr Minor Altcration - $20 Includcs nrinor changes to buildings and site improvcmen8. such as.
rcroofing. painting, window additions, landscaping. fences and retaining
walls, etc.
DRB fces are to be paid at the fime of submittal. Later. whctr applying for a building permit please identify
thc accurate vaiuation of thc pojcct. The Town oiVait will adjust the lbe according to the project valuation.
PLEASE SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE
DEP.{RT}TENT OF COi\{MUNITY DEVELOP}TEN'T.75 SOITH FRONTAGE ROAD,
v.{rl.. coLoRADo 816s7.
nAR.t?,?AAt 1e:15Fr4 oo
MWN OFYATL
Dcpdrtnant of Commun ity Development
75 Souh Fraatage Road
Vail, Colordo 81657
97F479-2r39
FAX 970.479,2152
wwvci.vail.co.us
rvritten app,roval oftheplans aata 7,- % - n I whicharc submltt€dro rhe Town
of voil Cornmunity Development for dre ploposerl imprcvements to be completed et thg addro6s
I further understar:d thar minor modifications naybe made to thc pians o!€r tbe gourse of the
msurc coupliance with rhe Town's applicabie codes and regulations.
2lt, ol
(dare)
n/rf ft
JOINI PROPERTY OWNER
WRITIEN A}PROVAL LETTER
joint orvnu ofpropeny locared ar
above. I understand tbat the proposed improvenents includq
$zCAt,g,EDz, tfaf
prJ Ot ,oCdl thc Pliu,ning Staif .r..i,':-1i2.'t
MPLICATIO'{ FOR DESICN RE\TIEW APPROVAI
C6NER,\L TNFORMATION
Thrs applicetion is for any projcct rcquiring Dcsign Rcricrv approvai. Aly projcct rcquiring dcsign rcwicw must
rccc.ivc Design llcvicw +pr""ut prloi to sutr*ining for 1 buiiding pcrnit- For sirccific informadon' sc: tic submithi
rccuircn:cr6 ior u:c parricuiar aqnroval :Jrar is rccucstei Thc applicanon cannot bc accsprci unnl ail thc r'-quireC
inlbm:anon js subnrincd. inc piojccl nray a-lso ncsri ;o bc rcvic'vci by rhc Torvn Councii andlor thc Planning and
Exvifon nlcnta.l Cortrnrission. Design Rcvicw Board approvel expircs onc ycxr rftc! finai aPproval utticss a
buildjng perrnit is issued and construction is starEd.
A. DESCRIPT]ON OF TI{E
250 Sq. Ft. GRFA
R FOtiE-ST: Relgcate existinq qaraqe
r\! \< v vvAddition, New Master Bath
TOWN OFYAIL
B.LOCATION OF PROPOSA!: LOT: 1 BLOCK: 5 FILING:7eh
PFTYSICALADDRESS: 1001 Vail Valley Drj-ve'A'
(Contact Eaglc Co. Asscssors Offics at 970-128-8640 for parccl fl
Resi-dential
PARCEL #:
ZONINC:
(.
D.
E.
F.
NAME OF OWNER(S):
MAiLINC ADD
or 4YER(S) SIGNATLTR.E(S):
NAME OF APPLICANT:
MAILD{C ADDRESS: 3466 El1a Lee Ln
Ilouston. TX 77027 PHONE:
H. TYPE OF REVIEW AT\D FEE:
E Ncw Construction - 3200 Consruction ofa ncw building'
Q Addition -
tr i\'Iinor Altcration -
S50 lncludcs any ad<lition'vhcre squarc footagc is addcd to any rcsida:dal or
ccmtnscial buiiding.
520 includcs n:inor changes to buildings and sitc improvcmcns' such as'
rcrcot'ing- painung window additions. Iandscaoing' fcnces and rctaining
walls, etc.
DRB fces are ro bc paid ar thc nme of submittal. Larcr. whcn applying for a buitdin g pennil plcasc identify
thc ilccurarc vuluanon of thc oroicct. Thc Town of Vail will icijust chc i'cc acccrding ic tic orojec: valualion'
?l-EAsE suBil/[IT THiS APPLtC.\TION. ALL SUBilIITT.\L REQUiRI},(ENTS .\ND THE FEE TO THE
D EPART}IE}T O I.- C O N (.}IUN ITY D E V EL O P':UEN'T. 75 SO UI'H FRO NTAGE RO.\D'
v'.\lL. COLOR+.DO 3165',,
PHONE:
StstemqrlTOWNOFVAIL, COLORADO
Staternent lftnnber: R000000499
Palment ilethod: Check
Amount r $50. O0 03lt2l2OOL03:19 Pll
rnit: itAR
Notatiorr: 1590
PErmlt No:
Parcel No:
Site AddreEe:
Irocatlon:
Itria Payment, :
DRBO1O043 TlPe: DRB
21010810100,t
1OO1 \TAIL VAIJTEY DR VAIIJ
$50.00
- Addltsion of GRFA
ToEal Fees:
Total ALrLr htts:
Balance:
950 . oo
9s0 ,0o
$0.00
ACCOTJNT ITEM LIST:
Account Code Descri ption
0R 00100003112200 DESIGN REVIEI.I FEES
Current ffis
50.00
rrorouttlfus 9701781I65 oo
Law OFFrcEa
Dunrn & AapLaHALB P.C.
^ FiCE:'.orl|. Oo€Ftr|olr
WEsrS"al BaNx ElurLorNG
roa Sourx Fnortrsg Roao WEFT
Sure ao
VarL- Co|-oaaEq
e1667-5€47
T-5r2 P.00r/001 F-860llar-l3-?001 l0:lear
JoHr w' ouxl{
ART}IUF A AB''III{AIA J'L
IT6A HAA€EI{sON CAUSEY
t colrtlScu
JERRY w' HANNAH
YELEPHONE:(970) 475 -OSCtCt
rAcal ILE:
lq,79.r 47e-47es
f*!ha.trrqnaraoti
arYsil |.illaword|n*
cEtnflE9 lES L^Eallutrl
KAREI{ H. DUXN. CLTS
JAt{lCE K, BCOFIELO, Clls
To:
From:
Subject:
Date:
MBMORANDUM
Allison Odts
Via Telecopierto 479-?452 <*
ArtAbplanalp
Rutherford Remodel
13 March Or
Name:
Mdress
Telephone:
Telecopier
pleage iuclude this information in the Towu's records, as appropriate, and
conslder Mr. Deckard to be the liaison for M$. Rutheffird. If you have aay quesuotrE'
you lnay contact me.
On behalf of Ms. Rutherford, we thank you for your assistance in this matter.
Allison:
Yesterday we filed with the Town a Design Review Board applieation on bebalf
of Susan Rutherfora. Unllke some other forms used by tlre Tor,rrn" the applicatiou had
blanks for ttre owner and the applicant, but no space for an applicanfs rePresentative
I" thi" case, Ms. Ruttrerfold's iepreseutative wiU Ue t arry Deckar4 who prepared the
plans, the information fur Mr. Dec*ard is as follows:
Larry Dec}ard
Post Offrce Box725
AvonCO 81620-0T25
(970) 949-7038 <
(97O) 949-7038
<
oo
A
auflpsfir| rhc pr\3,inlad shrti'?fi.2I iR
PPLICATIO N F'OR P I-AN NI N"YNOYNUI RONM ENTA L
COMMISSION APPROVAL
cENERAL INFQRI,'ATIfIN
lis application h for any projcctrcquiring approval by thc Planning rnd Environmsnhl Commission, For spccificInformadon.sccthcsubmiftlrcquiremarGfoittrcperiicularrpproialthrtisrcgucsrcd, Thcapplicationce;notbc
eci.Gpted until all rcquired Information is submittcd,- Tho proj$t'msy stso nccd tl bc rcrir*"a'uy grc fowr Councilrnd/or thc Dcsign Rwicw Boar4
tr Amcndmcnt to an Approvcd, Dcvelopmart plan
tr Enrployce HousingUnit (t1ryc: )E Major or tr MinorCCI EricriorAlteration
(VaitVillagc)
tr Major or tr MhoTCCII ExtcriorAltcration
Ar TYPE OF APPLTCATION:
, tr Additionat CRFA (2s0)tr BcdadBreakfasttr Conditional Use pennit
E Major or 0 Minor Sr.rbdivision
Et RozoningE Sip VarianccE Variancctr ZocringCodoAncndnrent
DESCRIPTION OF rHE RBeL|ESTT
(Lionsheadl
Special Dcvclopmcnt Disbict
Major or E Minor Amendmcnt to an SDD
tr
tr
D.
E.
LOCATION OF pROpOSALr LOT (/ rrunc
AD NAN{E:
ZONING:
NAMEOFOWNER(S):
MAtLn{O ADDRESS:-4
OWNER(S) SIGNATURE(S)I
NAME OF REPRESENTA
FEE - SEE THE SUBMTTAL RF4UTREMENTS FOR THE APPROPRTATE EEE.
Ir,
G.€ro
laTZ i 7)
"-'t
IttAR L Z Z00t
&Yid6,96
rE( C'/ -AElprF D / oo r_s
046C1 -p/r
rw paa;fu1- cL*: Ztel3 _ sy: tr&y-a__
A7/t2/L995 L2:25
a3/12,i2ool tt:29
7138771759;.t,,
W#,L*',wc**iiciitrtar;ttn
Wtn tittttr.r?ca{,Ar.r
oo
fu*.
*lH,?itr-8y^llH.
tnLo,V.
-, lJrint CvAt ofpropcny lor,rtcr, rr
.- PtttCe tb.:r lcCcr .
urlbr rgonl jr 6. ptru o.d hnt, b. f
rT h g whjch an ruurnrficd ro lha rown
I ttib? rrr.'h,. tru srhor nodkrrfir o,.!,tc truda !o nc prur *sr tc cour[ or thc
.''l.' FOlr'. b Err,. co' ** vrri rtc Ton'r rppricrDic codcs ,rd rcSnltuoas.
Grfea/
ofvril Garnudr D*toF!* nt rhr nporrd irnnsvrnrou to be conprclrd * $c ed&r*
T :y*.b t onoeor.n iE'piowatdr iocrudc
O&'€mr
T|wNqFvul,
l1 oo qu..Q O*" Planning Statr at 419-2128
APPLICATION FOR DESIGN REVIEW APPROVAL
GENERAL INFORMATION
This application is for any projcct rcquiring Dasign Revicw approval. Any project requiring desigr rwiew nnrst
receive Design Review approval prior to submitting for a building permit. For specific information, see the submittral
requiremenls for the particular approval that is requested- The application cannot be accepted until all the required
infbrmation is submitted- The project may also need to be reviewcd by thc Town Council and/or the Planning and
Environrnental Commission. Design Review Board approval expires one ycar after final approval unlc$s a
building permit is issued and construction is startod.
LOCATTON OF PROPOSAL, iOi, t BLaCK: 6 FIrNG: ?fi
A.
B.
C.
D.
E.
PHYSICALADDRESS: 160' fupS NCJ.f Otru,,Y-
PARCEL X, D /to/08t0toA6 ldontactEagleCo.Assessonofflrceat gl}-32E-Sglforparcel#)
tT,
NAME OF OWNER(S):
MAILINC ADDRESS:
-f r.owr{ER(s) STGNATURE(S):
G.NAME OFAPPLICANT:
MAILINCADDRESS: I O
H. TYPE OF REVIEW AND FEE:
E- New Construction - $200 Conshuction of a new building
PHONE:
{,lcaiuon-
E Minor Altoration -
$50 Includes any addition where square footage is added to any residential or
comrnercial building.
$20 Includes minor changes to buildings and site improvements, such as,
reroofing. painting window additions, landscaping, tbnces and retaining
walls. etc.
DRB fees are to be paid at the time of submittal. Later, whsn applying for a building pennil please identify
the accurate valuation ofthe project. The Town ofVail will adjust tlre feo'according to the project valuation.
PLEASE SUBMIT THIS APPLICATION, A.LL SUBIIIITTAL REQUIREMENTS AIVD THE FEE TO THE
DEPARTIVI]ENT OF COMMUNITY DEVELOPMENT,75 SOUTH FRONTAGE ROAD.
VAIL. COLORADO 81657,
DRbot Co 4 /
oo
LIST OF PROPOSED MATERIALS
TYPE OF MATERIAL:
oo
CQIOE:*
.. 1l
BUU-OnYC MerentAr-S:
Roof
Siding
Othcr Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Harrd or Dcck Rails
Flucs
Flashings
Chimncys,
Trash Enclosurcs
Grecnhouscs
Rctaining Walls
Exterior Lighting**
Other
___*_
* Please specif the manufachrer's color. number and attach a srnall color chip
** All extcrior lighting must meet the Town's Lighting Ordinance 18.54.050(J). If oftrior lighting is proposcd,
plcase indicate the nunrber of fixturcs and locations on a separate lighting plan. Identi$ cach fixbrc bpc and provid€
the height above grade, Iumens output. luminous arca. and attach a cut shect ofthe lighting fixturcs.
TOWNOFVAIL, COLORADOr ' w rr r.rr v /rrJ_, LlrLt KArru stdgmeotl*t's*+*rtt'l*lttllil*titf f f tf t'it*rttt'|f *f tr*'t**f t*t*t*** tt'rrrrttrr*trt*tr* r*{r{.**r'rr*** rf,rt*r t, ******,rt*Statenent llurnber: ROOOOOOSOO Arnount,3 $25O.OO 03/L2/ZOO]^O3:2T P{{l
Payment llethod: Check fnit : iIAR
Notation: 2643
Permit No:
Parcel llo r
Site Addreee:
Iroca t ion :
IhL6 Palment:
PEC01O018 Type: pEC - Variance
210108101004
1OO1 \TAIIJ VAIJIJBY DR VAII.,
Total Fees:
Total ALrLr Pmte ;
$250.00
$250.00$2s0 .00
Balance: $0.00**ll*ila*tt***'ttlt**+*l**l***lt***tt**t*t****tttt****'i**t*tt**t*ttttt*'t*'t**tt*i*t*'+*t**t**,|!**
ACCOT]NT ITEM LIST:
Account Code Descri ption Current ffis
PV 00100003112500 PEC APPLICATION FEES 250 .00
TOWNOFVAII,,Statcmenttf*fl'l*tt't't{ll'l'}rifrtffl'lftrtf*rtt**tf*****ft*tt'rtft*r*i*rra****'rttttftt*+irt+rfar+rffrttft,t
Stat,ernent Nurnber: R0OOOOO501 Amormt: $50.00 03 /L2l2OOtO3:28 pil
Pa)ment llcthod: Cheek fnit : iIAR
Notation: 2643
Pernlt No:
Parce1 No:
Slte Ad&ces:
Locatiqr:
Ihie Palnnent:
DR8010044
210108101005
1OO1 VAIIJ VAIJIJEY
Tl4te: DRB - Mdttion of GRFA
DR VAIIJ
$s0.00
It'l|l**tf**l'l'tltl*t*tfl*t****'t*ftit'lttt{t'l*t'llt't*r+**t*ft*ttt****t+*i***t't*tttitttttt'tttt t*tt
ACCOI.INT IIEMLIST:
,qccount Code Descri pti on
DR 00r00003112200 DESTGI'I REVIEl.J FEES 50. 00
Total Peea:
Total ALrLr hts:
Balance:
Current Fmts
ss0 .00
9s0.00
90.00
Lf- lillil-illllillil ltilllffi fifi ,5; :!.fr,:* -,
TOWN OF VAIL
APPLICATION FOR REVOCABLE PEBMIT TO
ERECT OR MAINTAIN IMPROVEMENTS ON A
PUBLIC RIGHT,Of.WAY
I0rliY
.IHIS FORM CANNOT BE REDUCEp
(Please type or print)
OWNER OF PROPERTY
ADDI]ESS
-o ,ln-
.TYPES OF IMPROVEMENTS
Fence
Wall
Landscaping
Other _x_
LEGAL DESCRIPTION OF PNOPERTY 1-O BE SERVED:Lor _L_BLOCK 6_sunolvrsrol_Zlafiljnq
(lt necessary, altaclr descriptiorr on separate slrbef). r
Corner lot X lnside lot
2oo t
t for the structure above irrdicated.
llE'fAlLED DESCRTPTtoN of: srnucruRE oR trEM(s)|NTo RtGtjr-oF-wAy:____ t5' vin3 --==-__
Does stnrch-ne preserrtly exisl?
-Proposed date for contmencenrent of constr.uction
lrr considemtion of tlre issuance of a revocable penr\
ap1llicant agrees as lollows:
1.
a.
\).
l-ltat tlte slructure lterein authorizecl on a revocable perntit basis is reslrictecJ
exclusively to tlrc land above described.
Tltat the pernrit is linriled specifically to the type of struclure described in lris
arpplical.ion.
Tlrat tlre applicant shall notify ilre project planner antl public works
DePartlttetrt, or tlteir cluly authorizecl agcnl, twenty-four lrours in advance of flretittte for colllnlencentent of construction, in orcler titat proper inspeclion nray be
nrade by tlre Towrr.
The applicant agrees to ilrdernnity ancl hold harrnless the Town of Vail, its
o[[icers, errrployees arrd agenls against all liability, clainrs and demancls on
accour'lt of ittjuty, loss or dantage, inclucling without lilnitation claints arising lrorn
boclily irrfrrry, personalirrjury, sir;l<ness, clisease, cleath, property loss ordanrage,
or ally other loss of any ltitttl wltatsoever, whiclr arise out o[ or are in arry rlanner
connecleclwith applicant's activities pursuant lo ilris permit, if such injury, loss, or
dantage is caused itt wlrole or in part by, or is clairnecl to be caused irr whole or in
pat.t by, the acl, ornission, error, prolessional errclr, rrristal<e, negligence or olher
lault o[ tlre aprplicarrt, ltis contraclor or subcoltlrelclor or any olficer, enrployee or
rel)resentalive of tlte applicant, lris contractor or lris srrbconlractor. The applicant
agrees lo ittvestigate, hatndle respond to, ancl to provide clele nse for arrcl clefend
against, arry suclr liabilily, clairrrs, or dcrnancls at llrc sole expense of the
applacant. 1'lre applicant also agrees to bear all expenses relating lhereto,
ittclt-tdittg cout I costs attd attorney's fees, wlrelher or rrot any such liabilily, claims,
or derrrar rds alleged are glourrdless, false, or frauclulerrt.
4.
5.
oo to
Applicant agrees to procure ancl nrainlain, at its own cost, a policy or policies of
insurance sufficient to ensure against all liability clairns, demands and otlrer
obligalions assumed by lhe applicant pursuant to lhis Paragraph 4.
Applicants further agree to release the Town of Vail, its officers, agents and
enrployees from any and all liability, claims, clemands, or aclions or causes of
actions whatsoever arising out of any damage, loss or injury to the applicant or lo
lhe applicant's properly caused by the Town of Vail, ils officers, agents and
employees while engaged in maintenance or snow removal activilies or any other
activities wlratsoever on Town of Vail property, slreets, sidewalks, or rights-of-
way.
Thatlhe permit may be revoked whenever itis determirrecl that the
encroachment, obstruction, or olher slrtrclure conslitutes a nuisance, destroys or
impairs the use of tlte right-of-way by the public, conslitutes a lraflic hazard, or
tlre property upon wlriclr the encroachment, obslruclion, or structure exists is
required for use by the public; or it nray be revokecl at any lime for any reason
deemed sufficient by lhe Town of Vail.
That lhe applicant will renrove, al lris expense, the encroachment, obslruclion, or
slrLlclure withit': len detys aftcr receivirtg ncltice of any revocalion of said permit.
That the applicant agrees to nraintain any lanclscaping associated wilh tlre
encroachment on llre right-of-way.
Tlral in the event said removal of the encroachment, obstruction, or struclure is
not acconrplished within ten clays, llte Town is hereby autlrorized to remove
satne and lrave tlre rigltt to make an assessment against llre properly and collect
the cosls or removal in tlre same manner as general laxes are collected.
I hat the applicant has reacl and unclerslands all of the terms and conclitions set
forth in this application.
Recordirrg Fee for Revocable Riglrt-of-way Permit is $10.00 and 95.00 for every
page tlrereatter. Make checks payable to Eagle County Clerk and Recorder.
Special conditions:
o-
7.
B.
9.
10.
11.
DateSignature of Property Owner
(lf joint ownership, both signatures)
APPROVED:llllllll {J'111'?
'.
.,,
R 10.OO O O.OA
il]il|ilililil|ilil1J F i sher Easle,
ililil1
illqd.: SAIEi8iR=h;r_aa(J.\.-s2z:i rr F-
SEJF L
^n' 4go -{orP O$"=
c)l-rrlnx
PW/FON[4Si N4ISC/REVOCABNOW,DOC
nEVlsED I I t!tt?(Ja)
Projqct Planner
rtnrent of Pub
TOWNOFVAIL
75 S. FRONTAGEROAD
VAIL, CO 81657
970-479-n38
OWNER KATHLEE}I V. FERRY TRUST
288 BRIDGE ST
VAIIJ CO
81657
Lricense:
CONfRACTOR Graham Reid Conetruction,
ADD/ALTSFR BUILD PERMT
Job Address: 1001 VAILVALLEY DRVAIL
Location.....: tOOt *. E.-1telq.5'-1 Cr' !B
ParcelNo...: 210108101005--i;;i,il; WW?Rso\-ooqc{
\lc,^\U, \(.,9* 7
l^di t O
04126 / 20or
':1104/26/zooL
Phone: 970-949-5185
P.o. Box 1424
Vail, CO
?8 A Ptarmigan ct.,
Iricense: 546-B
Avon, CO 8L558
APPLICAI{T Graham Reid construction,IrlO4/26/2ooL Phone z 97o-949-5L86
P.O. Box L424
VaiI, eO
?8 A Piarmigan Ct., Avon, Co 81558
Licenee: 645-B
Description:lddiCion/remodel of duPlex
Occupancy: R3,UL
Type Construction:V N Type V Non-Rated
Valuation: $375,000.00 Add Sq Ft 193
Fireplace hforrution: Restricted: Y # of Gas Applianccs: 0 # of Gas Logs: 0 # of
Wood pelleh r***ra+.t**rri**r*******fr*r****'***r***t*";' FEE'S'UMM ***drtt*rd'fr+i'm'*in***rrtffi.r**ffi
Building-> sl. B,[o . 0o Restuarant Plan Review-> $o ' oo Total Calculated Feer> 53 ' 26? ' 95
Han Check-> $1,196.00 DRB Fee-.._-----> $2oo'00 Additional Feec---> $0'00
lrweshgahon-> So.oo Recreation Fee-----> $28'95 Total Permit Fee--> 53'26?'95
Will Call-> 53 . oo Clean-uP DePosit-----> $o ' oo Paymetrts------> 61 '261 '95
ToTAL FEES------->. 13 ' 261 ' es BAUUICE DUE--> 5 0 ' 0 o
Approvals:
Ide+m: 05100 BUII-'DING DEPARTMENT
o5/o'7 /2ol:- cdavis Aceionr AP Eee correct'ions on
field drawings
ITEM: O54OO PLANNING DEPART'!{EMT
\4/26/2OOL BREIIT Action: APPR
Item: 05600 FIRE DEPARTMSNT
Itern: 05500 PITBLIC WORKS
O orooRrMENr oFcoMMUNrrvtsLoPMENr
NOTE: THIS PERMIT MUST BE POETED ON JOBSITE AT ALL TIMES
Permit #: 801-0087
Status...: ISSLIED
ApPlied. . : 04/26/2001'
Iisued. .' : 05/08/2001
ExPires.'.: 71'/04/2O0L
Phone:
os/o7/zooL Ls Oo..ion: coND Revocable tigng
way permit required for heated driveway in the Town of
Vail right of way. and l-,andscaping. Heated drivway in
R.O.t{ muet be marked at the control box. T'O'V' or R'O'w
il;;ffi *.ffi;ffi;;ffiffi *il;;ffiffi ;;"ffi
DECLARATIONS
I hereby acknowledge that I have read this application, filled out in full the information required, completed an
accufate plot plan, and state that all the in-formation as required is corye$'. I agree to comply with the inforsration and
plot plan, to comply with all Town ordinances and state laws, and to build thii structure according to the towns zoninf
and subdivision codes, desrgn review approved u"lfor* nuitaing Code and other ordinances of the Town applicable
thereto.
REQUESIS FOR INSPECTION SHALL BE MADE TWENTY-FOUR HOURS IN ANCE BY 213S OR AT OUR OFFICE FROM 8:00 AM ' 5
PM.
Send Clean-up Deposit To: N/A
OT OWNM OR CONTRACTOR FOR HIMSELF AND OWNEF
PAGE 2
Per:mit #: 801-0087
CONDITIONSOF APPROVAL
as of 05-08-2001 Status: ISSUED
Permit Type: ADD/ALT SFR BUILD PERMIT Applied: 04/26/2001.
Applicant Graham Reid ConstructiorL Inc. Issued: 05/M/2007
970-949-5786 ToExpire: 71./04/2001
Job Address: 1001 VAIL VALLEY DR VAIL
Location:
ParcelNo: 210108101005
Description:
Addition/ remodel of duplex
*#*8ffi*****#r*#******r**** COnditiOnS *lr*********{.tfit*tdi}{it{.$***$H{ilri**{i****
Cond:12
@LDG.): FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE
COMPLIANCE.
Cond:16
(BLDG.): SMOKE DETECTORSARE REQUIRED INALL BEDROON{S AND
EVERY STORY AS PER SEC.310.6.1 OF THE 1997 TIBC.
f * * + + * * * * ** * * r+ * + * +* * * *+ * * f ** * * * ** * * + +** * * * *** * * * ** * * **+ + + + +*f * * * *r * * * ** * * * ** * * ** * *
TOWN OF VAIL, COLORADOCopy Reprinted on 05-08-2001 at 10:54:06 05/08/2001
Statement
**'i****** ******** * **:1.,f *t **4.'*+
'1. '* * ** * *:t****'t'|*+* * **** * 't rt * * * * * !t * * * * * * * * * * *,t * * * * * * * ** ** *****,1.***
Stat.ement Number: R000000707 Alnor.lnt t 53,267 .95 05/08/200]-L0:48 AM
Pa)rment Method: Check INiT: DFIJO
NotaEion: check # 2953 gralun reed const
Permit No: 801- 0087
Parcel No: 210108101005
Site Address: 1001 VAIL VALLEY
Location r
Descrr ptl on
TYPE: ADD/AI.,,T SFR BUII.,D PERMIT
DR VAIL
Total Feea:
TOTA]. AIJIJ PMIS :
$3,267 .es
$3,267 .9sThis Payment:$3,267 .95
Balance: 90.00
**t** + + * * * + * * + * {. {. 'f * * i * * * * * * * * {t '} * ** * ******* *** * * *******,}***'l*:}{.****:1.,1.,t'} *+'l.tf **** * ** * * ++*1.:t*+**
ACCOUNTITEM LIST:
Account Code Cunrent Pmts
BP 00100003111100
DR 00100003112200
PF 00100003112300
RF 11100003112700
ri,JC 00100003112800
BUILD]NG PERI4IT FEES
DESIGN REVIEhJ FEES
PLAN CHECK FEES
RECREATION FEES
W]LL CALL INSPECTION FEE
1 . 840 .00
200.00
1 . 196. 00
28.95
3.00
APPTICATI
o
ON WILL
tl
NOT BE ACCEPTED IF INCOMPTETE OR UNSIGNE
NOnFt ED Proiect *, Q PNOnFt v.a*lq
5 - ?-ot Building Perlnit #:
97 O-47 9-2149 (Inspections)
MWilOPVAIL
75 S. Frontage Rd.
Vail, Colorado 81657
Separate Permits are required for electrical, plumbing, mechanical, etc.!
CONTRACTOR INFORMATION
General Contractor:Contact and Phone #'s:
COMPLETE VATUATIONS FOR BUITDING PERMIT (Labor & Materials
DUILUIT\\J: @ ELECTRICAL: $ [ol ,5AO orHER: $ t5 / 560 ]a'rc
PLUMBTNG: tz0,&E MECHANTGAL: $ L0,jAD rorAl:5 'Sm ,0Z)|/
For Parcel # Contact Asqessorc Office at 97O-328-864O or visitParel# 'Ll1 |Q(
robAddress: tobT€H/mFg ci/t+EtepsY (cstplcr
€utDp6a &{ Sor F A(JP'
Work Class: New ( ) Addition ${ Remodelpf Repair ( ) DemopQ Other ( )
Does an EHU exist at this location: Yes ( ) NoWorkType: Interior( ) Exterior( ) Both
Type of Bldg.: Single-family ( ) Two-family I2S. Multi-family ( ) Commercial ( ) Restaurant ( ) Other ( )
No. of Accommodation UniG in this building:No. of Existing Dwelling Units in this building:
Wood Burninq (NOT ALLOWED
Does a Fire Sprinkler System Exist: Yes ( ) NoDoes a Fire Alarm Exist: Yes
************************:i*************FOR OFFICE USE ONLY******************rr*******************
DRB Fees:
of Construction:
F:/everyone/forms/bldgperm
4'i,*s*J€F ffi RtcD APR 26 2001
o
1OO7 EAGLES NEST CIRCLE
WINDOW SCHEDULE
o
LOCATION SEMCO #R.O.CTEAR
OPENING
TYPE NOTES
EAST
ELEVATION
BEDROOM #1 DCS 3628-2 Fi.35-718" X s5-1r/16"37-s18"X28-112"CLAD DOUBLE HUNG EGRESS
BEDROOM #1 DCS 3228 3'1-718" Xs5-LUr6"33-s18"x36-UZ"CLAD DOUBLE HUNG
ENTRY DCS 3236 -3 EA.3'r7le" x69-LUr6"33-s/8" X 35-1/2"CLAD DOUBLE HUNG
GARAGE DCS 3228 -2 EA.3'r-l8"xs5-nfl6 33-518" X36-112"CLAD DOUBLE HUNG EGRESS
UVING ROOM cFsD 8080 7'rr-112" x8'0-u2"CI.AD FRENCH SUDR FIELD MEASURE
FIXED TMPS ABV.
UVING ROOM RXED TRAPS FIELD MEASURE
GALLERY DCS 3236 -4 EA.3'r-718" X 69-LVr6"33-518" X 36-t12"CIAD DOUBLE HUNG
DINING ROOM DCS 3236 -2 EA.1',r-718" X 69-L7lL6 33-s18" X36-t12"CLAD DOUBLE HUNG
DINING ROOM DCS 3636 -2 EA.3's-718" X 69-L1lL6"37-s18" X36-U2"CLAD DOUBLE HUNG
OFFICE DCS 3636 3's-718" X 69-rrlL6"37-518" X36-112"CLAD DOUBLE HUNG EGRESS
MASTER BEDRM DCS 3628 -2 EA.35-718" X s5-11/16"37-s18"X28-UZ"CI.AD DOUBLE HUNG EGRESS, RELD MSR
FIXED TRAPS ABOVE
MASTER BEDRM cFD 26510 2A-15^6X6',71"CLAD FRENCH DOOR
T{ORTH
ELEVATIOT{
OFFICE DCS 2836-2 EA.29-il8"X69-rvtg'29-sl8' X 36-112"CLAD DOUBLE HUNG EGRESS
M. BATH DCS 1514 -2 EA.r9-718" X 3',t-Lvr6"L7-518" X 14-112"CI.AD DOUBLE HUNG
SOUTH
ETEVATION
BEDROOM #2 DCS 2828 -2 EA.29-718" Xs5-Lur6"29-515" X 28-LlZ"CLAD DOUBLE HUNG EGRESS
UVING ROOM DCS 3236 3',r-718" X69-r7lt6"33-s18" X36-112"CLAD DOUBLE HUNG
UVING ROOM cFsD5080-2EA.s'r-uB" x8'0-112"CLAD FRENCH SUDR FIELD MEASURE
FIXED TRAPS A8V.
)Ffiil,"spv
8ot- oo 87
1OO7 EAGLES NEST CIRCLE
DOOR SCHEDULE
LOCATION NOMINAT SIZE SWING TYPE HARDWARE NOTES
LOWER LEVEL
BEDROOM 1 2'.6',X6'8',L.H.PANEL PASSAGE
CLOSET l 4',0" x 68'BIPASS PANEL BIPASS
LOWERBAfi
FROM BED. 1
z',4',X68"R.H.PANEL PRIVACY
LOWER BATH
FROM BED, 2
24',X6ts"L.H.PANEL PRIVACY
BEDROOM 2 2'6',X68"L.H.PANEL PASSAGE
CLOSET 2 41t" X 68"BTPASS PANEL BIPASS
ENTRY CLOSET 60'x 6€"BIPASS PANEL BTPASS
ENTRY DOOR 30" X 6A',R.H.cusroM ENTRY / DEADBOLT
GAMGE FROM
ENTRY
3/0" x 6€'L.H.2-3l4',WOOD DOOR SELF{LOSING 20 MINUTE RANNG
STAIR I.ANDING
FROM GAMGE
3/0'x 68"R,H.2-314"WOOD DOOR SELFCLOSTNG 20 MINLIE MTING
MAIN TEVEL
OFFICE CLOSET 2',4" X8'0"R.H.PANEL PASSAGE
OFFICE POWDER 2',6" X 80"L.H.PANEL PRIVACY
UPPER LEVEL
MASTER CLOSET 24',X6A"R.H.PANEL PASSAGE
MASTER CLOSET 24'X6ts"R.H.PANEL PASSAGE
MASTER BATH 2O" x 6€"R.H.PANEL PRIVACY
MASTER BATH 2'0" x 6a"L.H,PANEL PRIVACY
KRN| coNSULlrs, rNc.
P.O. BOX 4572
vArL. coLoRADO 81658
970-949-9391
|FAX) 949-1 577
FIELD REPORT
TO:
6F-ra/+enn P
ATTENTION:
DArE: oa/s/o r
ARRtvE: /t tS-rt
DEPART: lZ,.Z{ f
WEATHER:
Ect l-oo87
JOB NUMBER:
PROJECT:fE?r{z}/ pe/nonEL_ 6104 _OE
PBESENT AT SITE:
STATUS OF COMPLETION:
On August 13, 2OO1 lvisited the project referenced above to perform a finalframing
review. The general framing was mostly completed at the time of the visit and the
following items were noted.
Roof
A portion of the master bedroom was enlarged by approximately 12 inches near the
closet entry. Reinforce the rafters with a single 2x12 (by four feet long) nailed to the
existing rafter with a minimum (2)-10d nails at 6' . /
The (2)-2x12 valley beam (in the master bedroom) is not adequately supported at the
exterior wall. Add (3)-2x4 studs in the wall to support this valley beam as discussed. ,-.
The (3)-1 1 7tB LVL valley beam over the great room is only supported directly with (2)-
2x6 studs. Add a third 2x6 stud (turned 90 degrees to avoid existing electrical) as
discussed. \r'
Upper Floor Framinq
The "J" hanger supporting the (2)-1 1 718 LVL beam (on sheet 54) does not have
adequate nailing on one flange of the hanger. Add the required nailing as discussed.',-
KRM coNSULrANt.
P.O. BOX 4572
(FAX 949.1s77
vAlL, coLoRADO 81658
(e7o) 949.9391
FIELD REPORT
JOB NUMBER:
PAGE 2
DATE:
PROJECT: fart"f Femoo'L-ogls/" r
The (2)-1 Y* x 11 7/8 LVL beam supported by the northeast exterior wall is indicated on
the structural plans (sheet 54) to be supported by (3)-2x6 studs. Only two studs were
provided in the wall framing. Provide an additional 2x6 stud as discussed. y'
Main Floor Framinq
The (4)-11 7/8 LVL beam is not adequately supported on the southeast end. Add a 2x6
stud in the wall next to the existing king stud as dtscussed.,''--
Otherwise, the framing appeared to conform to the structural drawings.
Please contact us with any questions.
KRM Consultants, Inc.
Structural Engineering and Design
Tim D Hennum, P.E.
COPY TO:
Sally Brainerd (RKD)
ffim
QmitW
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Po3t-lr Fax Nole 7671 -? ;.r 6'1 li,{..' }..-41tr]' l,./iA i-nj Y I li, r,t, t vrtn
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(o. t l.-, P;i+H:#i+#.S:#:#;'."1;lo !;:'o'
;;..i;: i: rrry ovtrct rtuii c'ure iny uterirl to b' turn-
rrhcd ro hlr prrcrl o, .iiaaaattt urig. thr(rctt or rny leto'
l:";; ;:rt;'+d Eh.r.ln 6r-i-t.ii"n. thG oth.a ourrrr rbrll
nr,. undcr .ny clrcutrr.n"nl-ira rii6t. f"" th. p'F nc of 'n7.rr."l.- f,,i "irrd or for th. v.Iu' o( 'nt- York dorl ot
llil.'..r-ii.i'iitra. .Ir iiilt -'^it iLit'tt 't !ht. 'rP'nt3 or
:l:-;:l;'';";"i;;-i.-;; ui-Ion., rnd 'uch wrrr r\rrr be
..,r,1, rcrDonrtbLc tq .oniaa"turr' trbor"'' sc'rtrtrn tnd
:'; ;-;'";;;;;. f urn(rh:.rrq l.bor or E rt'rlrlt (o hl' tPrrtornt
;:,i;'"'. tt'i u.rcrl on nhlch locrtrd Fr 'nt l*tov'Bntr
TOWN OT VAIL
75 S.FRONTAGEROAD
VAIL, CO 81657
9704?9-2t38
orrtrr*T oF coMMuNITY DEVELoP^rt
NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES
ELECTRICAL PERMIT Permit #: E0l-0105
Job Address: t00l VAILVALLEY DRVAIL Status. . . : ISSUED
Location.....: Applied..: 05/17/2001
ParcelNo...: 210108101005 Issued. . : 05l2ll200l
ProjectNo ; ExPires. .: llll7l200l
OYINER KATIILEEI{ v. FERRY TRUST 05/L7/200t Phone:
288 BRIDGE ST
VAII, CO
8L657
Lricense:
CONTRACTOR DAITICI ELECTRIC O5/L1 /2O0L Phone: 719-486-0603
1838 SILVER TAGLE COIIRT
LEiADVILLE, CO
I0461
License: LL4-E
APPLICIIflI DAIIICI EIJECTRIC 05/L'l/200L Phone: 719-486-0603
1838 SILVER EAGIJE COIJRT
I-,EJADVILLE, CO
I0461
License:114-E
Desciption: Addition/remodelofduplex
Valuation: $10,000.00
||t,'.'*|**....'|.**,|*:l**......t...|tlt****************l*'tt,t*|**'}**..'FEEsUMMARY*:}*******.*******
Electrical-----> 91s o . oo Total Calculated Fees-> S183 ' 0o
DRB Fee----.-> 9o'oo Mditional Fe'es-'--'> 50'00
Investigation-> So . oo Total Permil Fee*-> 9183 ' 00
Will Call-> 53 . OO Palments-> 5183 - 00
TOTAL FEES-> S1s3 . Oo BALAIICE DUIE-_-> 90 .00
tttttattatttaatttttttttt!ttaaattatlt*
Approvals:Item: 06000 ELECTRICAL DEPARTMEITI
05/L7/200L DORIS FI-,ORES Action: AP
*trr*||*alttltl:t:l*
CONDITIONS OF APPROVAL
Cond: 12
(BLDG.): FIELD IITSpECTIONS ARE REQUIRED TO CIIECK FOR CODE COMPLIAITCE.
DECLARATIONS
I hereby acknowledge that I have read this applicatioq filled out in firll the information required, completed an accurat€ plot plaq 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 rwiew approved,
Uniform Building Code and other ordinances of the Town applicable thereto.
REQUESTS FOR INSPECTION SHALL BE MADE TWENTY-FOIJR HOURS IN ADVANCE BY TELEPHONE AT 479-2138 OR AT OUR OFFICE FROM 8:00 AM - 5 PM.
, ... ***++*!i*t*'|,t***'t,t*****+***O***+{.'}****+,r***'}************,******}***********'},****,****:r
'TOWN OF VAIL, COLORADOC-Iy Reprintcd on 05-21-2001 et 15:31:14 OSnlt2Wl
Statement
**'l'l*l***+**+**'l***t:t:l,t**'l*********{.!i:}********'t***+*:t '}*'*'} *+ * * * * * * * * * * **:t* * * * * **:* ** * *,** * **f *'f
Statement Number: R000000804 Arnount: 9183.00 05/21/2OOLO3:30 PM
Pa)ment lr{ethod: Check Init : DF
Notation: check # 1293
Permit No: 801-0105 Type : ELECTRICAL PER.I,IIT
Parcel No: 210108101005
Site Ad&eee: 1001 VAIIr VAITL,EY DR VAIL,
IJocation:
Total Feee: $183.00
This Payment.: $183.00 Total A&IJ Pmts: $183.00
Balance: S0. 00
*+*'t* ti***l**t l****t * *f t't'1.{.{t't** 'lt:lt 't *:lt {t '} * ** * *,***** * f**{t{t**l* *:i '} * + 'f '* 'lt 'r 't:[,t * * t * 'f * **{t'l.ll'l ***'l **t'f *
ACCOTJNTITEMLIST:
Account Code DescriDtion Current Pmts
EP ()O1OO()()31114OO TEMPORARY POWER PERMITS 18O.OO
I.JC OO1OOOO31128OO WILL CALL INSPECTION FEE 3.OO
Zbg
l-ML4smvnwwnlY
75 S. Frontage Rd.
, Va!|, Cglorado 81657
AE Town of Vail Reg. No.:
10> 90- tt7v6r fu
CONTRACTOR INFORMATION
FEET FOR NEW BUILDS and VALUATIONS FOR ALt OTHERS
AMOUNT OF SQ FT IN STRUCTURE:ELECTRICAL VALUATION: $
Otfie at 97O-328864o f
Job Name:robAddress: tM1 Qatr 141q/ctr
Legal Description Lot:Block:Filing:su6ivisionl' ou't UaL I Va'luqq
Ovners Name: ll lOOress:Phone:
Engineer:Address:Phone:
D€biled description of work:
WorkClass: New() Additinn( ) Lernodettb Repair( ) Temppower( ) Odrer( )
Work Type: Interior{*L Exterior ( ) Both ( )Does an EHU odst at thb location: Yes ( ) No ( )
Type of Edg': single-family ( ) Duplex ( ) Mutd-family ( ) commercial ( ) Restaurant ( ) other ( )
No. of Existing Dwelling Units in this building:No. of Accommodation Unils in thb building:
Is this permit for a hot tub: Yes ( ) No ( )
Does a Fire Alarm Exist: Yes ( ) No ( )Does a Fire Sprinkler Sptern Erist Yes ( ) No ( )
t*t**ti*fl***tl*l*tt**ttr*tt*t*t**tl*ir'lFoR oFFIcE usE oNLY*.rtri*tl*****irri*r**r****rrrr**rt..
REC EII'EO
MAY | 7 2001
F:/eve4Dne/6rms/elecperm
TOWNOF\7AIL
75 S,FRONTAGEROAD
VAIL, CO 81557
970-479-2138
orr*"r"r oF coMMr.JNrrt orurrortt
NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES
MECHANICAL PERMIT Permit #: M0l-0118
Job Address: l00l VAIL VALLEY DR VAIL Status . . . : ISSUED
Location.....: Applied..: 07/261200l
ParcelNo...: 210108101005 Issued' ': 0713112001
ProjectNo: ppSOt'otj,'fr Expires'.: 0112712002
OWNER KATHL,EEN V. FERRY TRUST 07/26/2O0L Phone:
288 BRIDGE ST
VAIL, CO' 815s7
IJicense:
col[IRAcToR HE"ARTH EKCIIANGE, INC. (Tl'E.]l 07/26/20OL Ptrone: 970-827-9623
P.O BOX 670
MrN:ruRN, CO
81645
License:1?4-M
AppL,IeAI\rr HEARTH EXCHAI{GE, INC. $Ii'il.l O7/26/200I Phone: 910-827-9623
P.O BOX 670
MrN:ntRN, co
81645
License: L74-Vl
Desciption: Addition/rernodel ofduplex
Valuation: $2,000.00
Fire,plrce Infonnation: Restrictod: Y # ofGas Applianccs: O fl of Gas ['o9: 0 - -..{ of. Wood-Pollet: 0
||....l|.|.|.,'i't...'l........*..'|t''''|*||.|!t|''|.'|***'}tlt.|'''|'+*t*i.FEEsLMMARY|tt.|||*il||.|||..,'.|||.|||||.|*|'|
Medunical-> g4o . Oo Resirsrar Plan Review-> So. oo Total Calculated Fees-> S53 .00
Plan Chcck-> $1o.oo DRB Fe€-*-----> 90.00 Additional Fees---'*> 90'00
Invedigltion-> $o . o0 TOTAL FEES--> 953 . OO Total Pennil Fe€-> s53 . 00
WiU CaU-> 53 . OO Paynrcnts-> $53 ' 00
BALANCE DUE--*> so ' oo
'|..lt|.|**.'..|||l||||l.|'|l||||.|*||t|.*|ttt.||.|.l||l|||||||'.t.'||||||*|'.,|.t*|**..'||.|..|.''||..l.|.i*Itsem: 05100 BUII-,DING DEPARTUENT
07/26/2001 DF Action: AP
Item: 05600 FIRE DEPARTME!{T
CONDITION OF APPROVAL
Cond: 12
(BLDGI.): PIEI-,D INSPEeTIONS ARE REQUIRED TO CIIECK FOR CODE COMPL,IANCE.
Condz 22
(BLDG. ) I CoMBUSTTON ArR rS REQUTRED PER SEC. 701 oF TIIE 1997 IlIr{C' OR SECTTON
701 0F THE 1997 rMC.
Cond: 23
(BLDG;.)r INSTALLATION MUST CONFORM TO II{AI{IIFACTURES INSTRUCTIONS A}ID TO CHAPTER
10 oF IIIE 1997 I'MC, CHAPTER 10 OF TIIE 1997 rMC.
Cond: 25
(BI,'G. ) :. GAS
TERI.IINAfE AS
Cond: 29
(BLDG.): AiCSSS TO HEATING
TITE 1997 I'MC A}ID CIIAPTER 3
Cond: 31
(BLDCi.): BOIL,ERS SIIAL,L BE MOITNTED ON FL,OORS OF NONCOI{BUSTIBI-,E CONST. III{LESS
I,ISTED FOR MOI,Ii|:TING ON COI'IBUSTIBLE FIOORING.
Cond: 32
(BIJDG.): PERMIT,PLIAI{S AIID CODE AI''IALYSIS MUST BE POSTED IN MECIIANICAI-, ROOM PRIOR
TO AII INSPECTION REOT'EST.
Cond: 30
(BLDG.): DRAINAGE OF MECHANICS,L ROOMS CONTAINIIIG HEATIT{G OR HOT-WATER SITPPLY
BOILERS SIIAIL BE EQU]PPED WITII A FIJOOR DRAIN PER SEC, 1022 OF THE 1997 I]MC' OR
sEcTroN 1004.5 0F THE 1997 rMC.
aaiaIlataaa'taartaaitataaaatttattttt**
DECLARATIONS
I hereby acknowledge that I have read this application, filled out in full the information requirsd completed an accurate plot plan' and
state tlrat 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, desigrr reviw approved,
Uniform Building Code and other ordinances of the Town applicable thereto.
REQUESTS FOR INSPECTION SHALL BE MADE TWENTY-FOUR HOTiRS IN ADVANCE BY AT 479-213t OR AT OLIR OFFTCE FROM t:00 AM ' 5 PM.
OWNERORCONTRA FORHIMSELF AND OWNE
AppLrANcEs .*r,t} vwrgD AccoRDrNe ro eraprefl AnD
SPECTFTED rN SEC.806 OF TIIE 1997 UMC, OR CHAPTER I OF
SI{ALL
THE 199? IMC.
sEc.1017 0FEQUIPMNT MUST COMPLY WITII CHAPTER 3 AND
OF TIIE 1997 IMC.
Proiect #l
flH:fl,::Hlfi#
mwu s7o-4zs-xL4eCnspfl
75 5. Frontage Rd.
Vail, Colorado 91657 Permitwiilnot@
Provig-e_lredralicatRoomtayoutdrawntoscate
= trledranical noom Dinr
= Combustion AirDuctl
= FlugVentandGasUno HeatlossCatcs.o Equfprnent Cut/SpecS
ConEctt
::!=!
Parcel #
;:""ru|
LayouE qraurn tO scafe b ind|J
ensions
ilze and Location
a
g6eotuffi,*""ae
g aDove,
-
I :oo noaress:
;t)
,ntu>/tb, parze\ #
rde:
Job Name:
-
-Lw
lles----I ltz flLegat Descripuon I roc Blod:Filing:{rtr,r, //)bvrtr rEr J rrcr,ae. L, /Y/74 ftry RoaressF -^,1 Z\\PhIre:
Engineec
-
l.lAdclress: --v_a \Detailed description o7iron:
I,a*L/-*;.a o/ o ,8.
E!
'l/c,
-
t/ 4-g /,r-/" ftnJ &a6t
""r;Boiler Locadon: lnro'i
t il
tn( ) Re
-
llhar r. r ll M I ou*{ilT
\,,C xterlor ( ) (t EHUgEbattr[focailn: yes( ) N"( )
ruonv@
No/Type of Fireplaces
Type of Bldg: $rgtefilniv ( ) Oup,,
No. of Existing Dwdting Units inEG
Y r--r"
=x 1 ,p Ftntu{arnfy ( I----- "
building:
%
()6*tl ounr( )
tto.Cncconr@
Wood/Pqllet ( ) Wood
t\
) .Wood Buming (NOTA|LOWEDi
No
.'MPLETE vALuATroN FoR ME.HAI{'.AL pERMrr (r.abor & Mareriars)Qfu*
\,IECHANICAI.: $'3 9n
CONTRACTOR INFORMATTON
@ntact and Phone # s:{* 69/
4edranical ConUacton/&r.-tl 6
bntrador SignaUrre:
:veryonc/fonrs/medrpenn
TOWNOFVAIL
75 S.FRONTAGEROAD
VAIL. CO 81657
970-479-2t38
ortrr"r oF coMMUN,r" orurro.,R
50.00 TOTAL FEES-> 9603.00 Total PemitFee-> S603.00
NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES
MECHANICALPERMIT Permit #: M0l-0124
Job Address: l00l VAIL VALLEY DR VAIL Status . . . : ISSUED
Location.....: l00l VAIL VALLEY DRIVE Applied. . : 08/10/2001
ParcelNo...: 210108101005 Issued. .: OSll4l2OOl
hojectNo ' P0fr11 -\Aq Expires..: 02trot2o02
OI{NER KATHLEEN V. FERRY TRUST 08/L0/200t Phone:
288 BRIDGE ST
VAIIJ CO
81657
License:
CONTRACTOR IJIONSHEAD PIiJMBING AI{D HEATI0S /L0 /200L Phone: 970-827 -57Lt
P.O. BOX 944
MINTURN, CO
1151 MAIN STREET 81645
License:250-P
APPIJICANT LIONSHEAD PL,,IJMBING .AIID HEATT0S/]-0/200L Phone: 970-827-571L
P.O. BOX 944
MII[ruRN, CO
1151 MAIN STREET 81645
Li.cense: 250-P
Desciption: INSTALLATION OF HEAT,BATH EXHAUST AND COMPUSTABLE AIR
Valuation: $24.000.00
Fir€plrrc€ lnformrtion: Resbicted: Y # ofGas Applirnces: 0 # ofGas Logs: O i of Wood Pellst 0
MechanicEl-> 3480 .00 Restulrant Plan Review->
Plan check-> s120 . 00 DRB Fee-.--_->
FEE SLIMMARY trtrrtaraal.ararar...r*rr'r'ri'r'r**iirr*aaaaaaaa*aaaraaaa,ta'hr,ra
So, oo Tolal Calculated Fe€s-> $503.00
so. oo Addiliond Fe€s-->90.00
Inveslig|lion->
will c&ll_>s3.oo Paymenls-> 5603.00
BALATICE DUIE-.._>
Itsem: 05100 BUILDIIIG DEPARTMEIfiI
08/13/200! CDAVIS Action: AP SEE COIIDITIONS
Item: 05500 FIRE DEPARTMHflI
CONDITION OF APPROVAL
Cond: CON0004940
PER TOWN PI,A}TNING DEPT, TIIERE MUST NOT BE MORE TIIAIiI 5' OF HEADROOM WITHIN TTIE
CRAWLSPACE AIID THIS MUST BE ACIIIEVED TIIROUGH BACKFILL WITH FIIJL MATERIAIJS AUD A
CONCRETE SI-,AB INSTALIJED ON THE TOP OF FILL SI'BGR,ADE
Cond: 12
(BtDCt.): FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIAIICE.
Condr 22
(BL,DG.): COIIBUSTIONAIR IS REQUIRED PER SEC. 701 OF TIm 1997 UMC, OR SECTION
701 OF TIIE 1997 IMC.
90.00
Cond: 23 -(BLDGi.): INSTAL,,L,ATION MUST CONFORM TO MAITUFLCTURES
10 OF TIIE 1.99? IJMC, CIIAPTER 10 OF TIIE 1997 IMC.
Cond: 25
(BLDG. ) : GAS APPLIAI{CES SHALL BE vENTm ACCORDIDIG TO CIIAPTER
TERII{INATE AS SPECIFIED IN SEC.806 OF TIIE l-997 IJMC, OR CHAPTER
Cond: 32
(BLDG.): PERMIT,PITAI\IS AllD CODE AI{AI-,YSIS MUST BE POSTED IN MECIIANICLL ROOM PRIOR
TO AIiI INSPECTION REQI'EST.
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, desigr rwiew approvd
Uniform Building Code and other ordinances of the Town applicable thereto.
O
INSTRUCTIONS A}ID TO CHAPTER
AND SHAI.I-,
8 OF TITE 1997 IMC.
TELEPHONE AT 479-2I38 OR AT 8:fi)AM-5PM.
AND OWNE
t
Permit #:
DATEROUTED:
(
DATE DUE: (
it will not be accepted without the following:
ii:l$Tll':ilil'i,"t'"-1.'o scare to s:u3,-/sr
'n Aar Duct Size and Location
dFnr::ilflb| -olzq
CONTRACTOR INFORMATION
Mechanical Contractor:
./, "**/,rn) VAa*/te Pn
Town ofVail Reg. No.:
.q..{n -P 'H* Hry -!;> r r/ jq D - / ?i z
ccr'uactcr-<iena'tn-T-,-----tTGoy'
coMPLETE vAruATroN ron ulcnal roJfir? (rabor &
MECHANIC"AL: $ 24,t,4.o,r/) )7
E
D
Conbct Easle Coantv Assessorc Office at 970-,for Parcel #
rob Name: /G <,Et -z z@sl l2raret I t^\)Qoo/ //,ry/ /tn//rr/ Ptl2E
G"-;r*;lffiF-;f -
ilsubdivision:j,z/-F/:z,,rsr'
owners Nametr" r///t?tv/;rvq llMaress: ag' -Fr)*rz # ll Phone: ?2s:72/:5/-ea
Engineer: -r-,
t
lAddress: Az_Phone:
Detailed description of work:
..zLslra l/rz/,,-r, 4,42q./ B// Z?)anz,s/- z A:ryJtslA12_84:-
Repair( ) Other( )Work Class: New ( ) Addition ( ) Alteration J{)
Boiler Location: Interior-.,({ Exterior ( ) Other ( )Does un EHU exist at this location: Yes ( ) Noj4
TypeofBldg: Single-family( ) ouplexJ,k!MultFfamily( ) Commercial ( ) Restaurant( )Other( )
No. of Existing Dwelling Units in this building: 2 No. of Accommodation Units in this building: @
No/Tvoeof FireplacesExistinq: GasADpliances (O) Gastoqs(/) wood/Pellet A\ woodBurninoO\''
Noffype of Fireplaces Proposed: Gas Appliances (7 ) Cas togs (/) Wood/Pellet ( ) Wood Burning (NOT ALLOWED)
****** ************x*x**x(FoR oFFIcE
t'lEvgt u YY
I
[,r= bRn ]*i10J...'
Rgcffl
**til..:t*d.*r(4
Eil]
96r**{****
Other Fees:FlanndEi-n-q$..,^nrroff cepHClyJ-
IDRB Fees:\ (NrDate Reccitedl " :- ='-.-
F:/everyone/forms/medrp€lm \) :-- - ---)
{z*n
W'#.#ffiffi*ffi*-t rfrs 8li(/3 -
O^t
4^Dt- orf-/
Twnotttl
$r
i$F
SFtcr- nr\tDS"lP
d$
5
R
s'\\
{
rsss
//-s\
rt\\.'
NRQ
\l
\l
\l\\:\
CFFICE COPY
, O PaseT O
VOLUME IS >>!\\\!-- _ -
$tgl_Ep
-on'*'"oi liFtiiG"',IIIII:::I:::::IIIII: I: I:LEXPOSED WALLS,above grade rror- irrlf,.rding openingsrorAr, seuARE FEEr, ^"i_ r.ir.-;"i;; sraqeFIJOOR AND CEILING SIZE IS
34,065 CUBrC FEET980.5 SQUARE FEET2,547.5 SQUARE FEET
O. O SQUARE FEET3,2OO.5 SQUARE FEET
iii: +,:::i BIt# i:: *: y*1; ;;r; il;: #:
The Totalifr: +;:::i 3IH f:: :l: :l++: above srade are
if,: i:::i Ef,H f:::* Irair-;il"i;;;=J:ifi:;:!:i 3ffi F:: *:::il';n"
HEATLOSS
1-3 ,757
0
3L.'t07
4, 101
5, 356
22,528
jf: :9_c_1r. BTUH for rhe rr""r"'r'ne BTUH inf i 'l I r. F i ^n G_ _- - ,infilErat,i"rr-f"i-tfre openings is
T.?.T.1.1.**:*T_y*yt_-T.{ r s B u r L D r N c
End of report.
The Tot,al
The Total
The tot.a1
The total
Th a D'nIrLI
THE TOTAL
Required
walls are
Openings are
r,54'7
L,7gg
0
950
1,264
5 ,549foot i-s 25 .6
Page 5
BTUH for the outside
BTUH for the Exposed
BTUH for the ceilings
BTUH for Ehe floorsinfiltration for t.he openings is
BTUH FOR THIS ROOM ISRadiant. floor output, BTU,s /square
GARAGE S.
CBILING HEIGHT IS 9.OO FEET, VOLUME IS 2,295 CUBIC FEE'I3 EXPOSED OPENINGS,TOTALTNG2 EXPOSED wALLs, not including openings,TorALrNG >>>> rt't.0 seuARE FEET
RooM srzE rs 15.0 LoNG by 12.0 wrDE, TOTALTNG >> zss.o seuARE FEET
wrNDow rYPE rs: u-va]ue = .361, Double pane, Low e coating, clear Grass
WAI-.,L TYPE TS: U-Val_ue = .06, prame Insul_atedCEILING TYPE IS: U-Value = 0, Condit.ioned space above
FLOOR TYPE IS: U-Value = .049, Floor over Exposed Space
HEATLOSSThe Tot.al BTUH for the out.side wal]s are 956The Total BTUH for the Exposed Openings are 3,527The t,oLal BTUH for the ceilinqs OThe total BTUH for the floors I,Og7The BTUH infiltration for the openings is 2,550
THE TOTAL BTUH FOR THIS ROOM IS 8,130Requj-red Radiant floor ouE.put, BTU,s /square foot is 3l_.9
GARAGE N.
cErLrNG HEIGHT Is 9.00 FEET, VoLUME Is 2,174 CUBIC FEET1 EXPOSED OPENINGS,TOTAIJING2 EXPOSED WALLS, not incruding openings,TOTALrNG >>>> 21L.5 SQUARE FEETRooM srzE rs 21.0 LONG by 1J-.5 wrDE, TOTALTNG >> 24]...5 seuARE FEETWINDOI{ TYPE IS: U-Value = 0, No openings in t,his room
WALL TYPE IS: U-Value = .06, Frlme tnsulatedCEILING TYPE IS: U-Value = O, CondiEioned space above
FLOOR TYPE IS: U-Va]ue = .049, Floor over Exposed Space
The Total BTUH for the outside walls areThe Total BTUH for t.he Exposed Openrnqs areThe Lotal BTUH for the ceilinqsThe total BTUH for the floorsThe BTUH infiltration for the openrncrs rsTHE TOTAL BTUH FOR THIS ROOM ISRequired Radiant. floor output, BTU,s /square foot
HEATLOSS
L, L42
z, a)z
0
1,038
1, 861
5 ,593is 27.3
TOTALS********************************************************************************
Page 5
BATH 1
CEILING HE]GHT IS 8, OO FEET,0 ExPosED oPENINGS,TOTALTNG1 EXPOSED WALLS, not including openings,TOTALING >>>>
ROOM SIZE IS 5.5 LONG by B.O WIDE, TOTALING >>
WfNDOW TYPE IS: U-Value = 0, No openings in thi-s room
WALL TYPE IS: U-VaIue = .06, Frame InsulatedCEILING TYPE fS: U-VaIue = 0, Conditloned space above
FLOOR TYPE IS: U-Value = .049, Floor over Exposed Space
HEATLOSSThe Tot,al BTUH for the outside walls are 238The ToLal BTUH for the Exposed Openings are OThe t.otal BTUH for the ceilinos oThe total BTUH for t,he floors 189The BTUH infiltration for the openings is 0
THE TOTAL BTUH FOR THIS ROOM IS 427Required Radiant floor out,put, BTU,s /square foot is 9.7
VOLUME IS 352 CUBIC FEET
O. O SQUARE FEET44.0 SQUARE FEET
44.0 SQUARE FEET
ENTRY
CEILING HEIGHT IS 8.00 FEET, VOLL'ME IS 2,464 CUBIC FEET3 EXPOSED OPENINGS,TOTALING
1 EXPOSED WALLS, not including openings,TOTALING >>>> 56.0 SQUARE FEETRooM srzE rs 28.0 LoNc by l-l-.0 wrDE, TorArJrNG >> 308.0 SQUARE FEET
wrNDow TYPE rs: u-value = .3G1, Doubre pane, Low e coating, Clear Grass
WALL TYPE IS: U-Value = .06, Frame InsulatedCEILING TYPE IS: U-Value = O, Conditioned space above
FLOOR TYPE IS: U-Value = .049, Floor over Exposed Space
HEATLOSSThe Tota1 BTUH for t.he out.side wa1ls are 3OzThe Total- BTUH for Ehe Exposed OpenrngJs are 2,340The total BTUH for the ceilings OThe total BTUH for t.he floors t,324The BTUH infiltration for the openings is !,654THE TOTAL BTUH FOR THIS ROOM TS 5,620Required RadianE floor output, BTU,s /square foot is Lg.z
BDRM 1
CETLING HEIGHT IS B.OO FEET, VOLUME IS 1,,768 CUBIC FEET2 EXPOSED OPENINGS,TOTALING4 EXPOSED wALLs, not including openings,TorALrNG >>>> 305.0 seuARE FEETRooM srzE rs 13.0 LONG by 12.0 wrDE, TOTALTNG >> 22L.0 seuARE FEETwrNDow rYPE rs: u-Value = .361, Double pane, Low e coating, crear GlassWALL TYPE IS: U-Val-ue = .06, Frame InsulatedCEILING TYPE IS: U-VaIue = 0, CondiEioned space above
FLOOR TYPE IS: U-VaIue = .048, Floor over Expoeed Space
. HEATLOSS
ROOM SIZE IS 1_8.0 LoNG by
WfNDOhI TYPE IS: U-Va1ue =
WALL TYPE IS: U-VaIue =CEILING TYPE IS: U-Value =FLOOR TYPE IS: U-Value =
Page 4
L2.0 WIDE, TOTALING >> 2]-6.0 SQUARE FEET.361, Double Pane, Low e Coating, Clear Glass.06, Frame Insulated0, Condit.ioned space above0, Floor over any Conditioned Space
HEATI.,OSS
l-, 118
2,O48
U
0
r,447
4,513
1S ZL.4
The Total BTUH for t.he outside walls areThe Total BTUH for the Exposed Openings areThe total BTUH for the ceilinqsThe t,oE,ai BTIIH for the floorsThe BTUH infiltratibn for the openinqs isTHE TOTAL BTUH FOR THIS ROOM ISRequired Radiant floor output, BTU,s /square foob
OFFICE BATH
CEILING HEIGHT IS 9.OO FEET, VOLT]ME IS 293 CUBIC FEETO EXPOSED OPENINGS,TOTALING1 EXPOSED wALLs, not including openings,TorAlrNc >>>> 45.0 seuARE FEETRooM srzE rs 5. o LONG by 6.5 wrDE, TOTALTNG >> 32.5 seuARE FEET
WINDOW TYPE IS: U-Value = 0, No openings in t.his room
WALL TYPE IS: U-Value = .06, Frame Insulated
CEILING TYPE IS: U-Vafue = 0, Conditioned space above
FLooR TYPE rs: u-varue = 0, Floor over any conditi.oned space
HEATLOSSThe Total BTUH for the outside walls are 243The Total BTUH for the Exposed Openings are 0The total BTUH for t.he ceilinqs 0The total BTUH for the floors oThe BTUH infiltration for the openinqs is OTHE TOTAL BTUH FOR THIS ROOM IS 243Requi-red Radiant floor output, BTU,s /square foot j-s 7.5
BDRM 2
cErLrNG HETGHT rs 8.00 FEET, Vol,uME rs 1,408 cuBrc FEET1 EXPOSED OPENINGS,TOTALING1 ExPosED wAr,Ls, not including openings,TorAlrNc >>>> 48.0 seuARE FEETRooM srzE rs 11.0 LoNG by 16.0 wrDE, TorALrNc >> L76.0 seuARE FBETwrNDow rYPE rs: u-Value = .361, Doub]-e pane, Low e coat.ing, clear GrassWALL TYPE IS: U-Value = .06, Frame Insulated
CEILING TYPE IS: U-Va]ue = 0, Conditioned space above
FLOOR TYPE IS: U-Value = .049, Floor over Exposed Space
The Tocal BTUH for Lhe outside walls areThe Total BTUH for Lhe Exposed Openings areThe total BTUH for Ehe ceilingsThe total BTUH for the floorsThe BTUH infiltration for the openings isTHE TOTAL BTUH FOR TH]S ROOM ISRequired Radiant. floor output, BTU,s /square
HEATLOSS
259
1,300
0
757
9L9
3 ,235foot is L8.4
The t.otal
The toLal
The BTUH
THE TOTAL
f?aarl1 1 16al
r ,41_8
0
( qA?
20 ,64'7is 43.7
- G{r 2-
Page 3
BTUH for the ceilinqs
BTUH for the floorsinfiltration for the openincrs is
BTUH FOR THIS ROOM ISRadiant floor output, BTU,s /square foot
KITCHEN
CEILING HETGHT IS ].6.00 FEET, VOLUME IS 5,400 CUBIC FEET4 EXPOSED OPENINGS, TOTAI-,ING1 ExPosED wALLs, not including openings,TorALrNG >>>> t-82.0 seuARE FEETRooM srzE rs 22.5 LoNG by 15.0 wrDE, TOTALTNG >> 337.5 seuARE FEETwrNDow rYPE rs: u-value = .361-, Doubre pane, Low e coaEing, clear Glass
WALL TYPE IS:
cErLrNG TYPE rs: u-varue = .033, unconditioned Attic space Above
FLOOR TYPE fS: U-VaIue = 0, Floor over any Conditioned Space
HEATLOSSThe Total BTUH for t,he outside wal_ls are 983
Tffi 3:::i ffi$fi f:: :ffi ::i?;:l"on""'ns are 2,s25
The total BTUH for the floors
1'013
Tl; i3Hl.'i#i';Bl'iil,5"Io8il',3ou"'"ss is 2'068
6 ,989Required RadianL floor output, BTU,s /square foot is 20.7
DINING RM
CEILING HEIGHT IS 9.OO FEET, VOI.,I]ME IS 3,050 CUBIC FEET4 EXPOSED OPENINGS,TOTALING2 EXPOSED WALLS, not, including openings,TOTALING >>>> 183.0 SQUARE FEET
ROOM SIZE IS L7.0 LONG by 2O.O WIDE, TOTALTNG >> 340.0 SeUARE FEET
l'lrNDoV'l rYPE rs: u-varue = .351, Double pane, L.,ow e Coating, clear Glass
WALL TYPE IS:U-Value = .06, Frame InsulatedCEILING TYPE IS: U-Value = 0, Conditioned space above
FLOOR TYPE fS: U-Va1ue = 0, Floor over any CondiLioned Space
HEATLOSSThe Total- BTUH for the outside walls are 988The Total BTUH for the Exposed Openings are Z,g2BThe total BTUH for the ceilinqs 0The tot.al BTUH for the f loors 0The BTUH infiltration for the openings is L,999
THE TOTAL BTUH FOR THIS ROOM IS 5,815Required Radiant floor output, BTU,s /square foot is L7-l-
OFF I CE
CEILING HEIGHT IS 9.OO FEET.3 EXPOSED OPENINGS, TOTALING2 EXPOSED WAI,LS, not includinq openinqs,TOTALTNG >>>>
VOLUIVIE IS L,944 CUBIC FEET
63.O SQUARE }'EET
^/\-r ^zv r,v J\2UAI(I1 r t:I1 I
Page 2
MSTR BDRM
CEILING HEIGHT IS 10.50 FEET, VOLUME TS 3,216 CUBIC FEET3 EXPOSED OPENINGS,TOTALING3 EXPOSED WALLS, not including openings,To'rALlNc >>>> 328.5 SQUARE FEETRooM srzE rs 17.5 LONG by 1?.5 wrDE, TorALrNc >> 306.3 seuARE FEETwrNDow TYPE rs: u-value = .361-, Double pane, Low e coating, clear GlassWALL TYPE IS:
cErLrNG TYPE rs: u-value = .033, unconditioned AtLic space AboveFLooR TYPE rs: u-value = 0, Froor over any condit.ionld space
The Tot,al- BTUH for the out.side walls areThe Tota1 BTUH for the Exposed Openings areThe total BTUH for t.he ceil"inqsThe total BTUH for t.he floorsThe BTUH inf iltrar i on for i-hp nner
rHE rorAl BruH Fd;';iiti'[o5il'ropenlnqs 1s
Required Radiant fl_oor output., BTU,s /square foot
HEATLOSS
L,774
z t o55
9L9
U
1,851
7 , i,g1
is 23.5
MSTR BATH
uErLrNU HErcH'l' IS 9.00 FEET, VOLUME IS 'J-,L7A CUBIC FEET2 BXPOSED OPENINGS,TOTATING1 ExPosED wALLs, not including openings,TorAlrNc >>>> L03.0 seuARE FEET
RooM srzE rs L3.0 LoNG by 10.0 wrDE, TorALrNc >> 130.0 seuARE FEETwrNDow rYPE rs: u-Value = .351-, Double pane, Low e coating, Clear Gfass
WAI-,L TYPE IS:
cErLrNc rYPE rs: u-Value = .033, unconditioned ALric space AboveFLooR TYPE rs: u-varue = 0, Floor over any conditioned space
The TotaL BTUH for the outside walls areThe Total BTUH for the Exposed Ooenincrs areThe total BTUH for the ceilinssThe tocal BTUH for the floorsThe BTUH infiltration for the openinqs is
THE TOTAL BTI]H FOR THIS ROOM ISRequired Radiant floor output, BTU,s /sguare
HEATLOSS
s56
455
390
0
322
L ,723foot is 13.3
LIVING RM
CEILING HE]GHT IS 16.00 FEET, VOLUME IS 7,560 CUBIC FEET1O EXPOSED OPENINGS,TOTALING3 EXPOSED WALLS, not including openlngs,TorALrNG >>>> 5L?.5 seuARE FEETRooM srzE rs 27.0 LoNG by r7.5 wrDE, TOTALTNG >> 4't2.5 seuARE FEET
WINDOW TYPE IS: U-Value =WALL TYPE IS:
CEILING TYPE IS: U-Value =FLOOR TYPE IS: U-VaIue =
The Tota1 BTUH for the outside walls areThe Total BTUH for the Exposed Openings are
.36l- , Double Pane, Low e Coating, Cfear Glass
.033, Uncondicioned Attic Space Above0, Floor over any Conditloned Space
HEATLOSS
9,311
Page l"
*****************************************a********************************rb**rt*r
HEATLOSS Vers 5.0h Copyright 1985-L996, Thomas and Associates, Bellaire, Mf(6r_6) s33-8472*******************************************************************************)
DAHL/AVON
P.O. BOX 18305
AVON, CO 81.620
(970) 949-9101-
08-10_2001LIONS HEAD P&H VAIL, COF'E'ppv pE e
1OO1 VATL VALLEY DRIVEHbatloss is based on a Design Temp. Difference of 90
MSTR CLO S.
CEILTNG HETGHT IS 8. OO FEET, VOLUME IS 442 CUB]C FEET0 ExPosED oPENINGS,TOTALING0 ExPosED WALLS, not incruding openings,TorAlrNc >>>> o.o seuARE FEETRooM srzE rs 5.5 LONG by g.s wrDE, TOTALTNG >> 55.3 seuARE FEET
WINDOW TYPE IS: U-Value = 0, No openings in Lhis room
WALL TYPE IS:
cErLrNG TYPE rs: u-value = .033, unconditioned Attic space AboveFLooR TYPE rs: u-value = o, Floor over any condit"ioned space
HEATLOSSThe Tot.al BTUH for the out.side walls areThe Total BTUH for Ehe Exposed Openinqs areThe total BTUH for t,he ceilinos -
The trotal BTUH for the floorsThe BTUH infiltration for tshe openinqs is
THE TOTAL BTI'H FOR TH]S ROOM ISRequired Radiant floor output, BTU,s /square foot is
L66
MSTR CLO W.
CETLING HEIGHT IS 8. OO FEET,
O EXPOSED OPENINGS, TOTALING1 EXPOSED WALLS, not including openings,TOTALING >>>>
ROOM SIZE IS 5.0 LONG by 13.0 WIDE, TOTALTNG >>
WINDOW TYPE IS : U-Va]ue = 0.No openings in this room
WALL TYPE IS:
CEILING TYPE IS: U-Value
FLOOR TYPE IS: U-VaIue
VOLIJME IS 52O CUBIC FEET
O. O SQUARE FEET
4O.O SQUARE FEET
65.0 SQUARE FEET
The Total BTUH for the outside walls areThe Total BTUH for t.he Exposed Openlngs areThe cotal BTUH for the ceilinqsThe total" BTUH for t.he ftoorsThe BTUH infiltration for L.he openinqs isTHE TOTAL BTUH FOR THIS ROOM ISRequired Radiant floor output, BTU,s ,/square
= .C33, Unconditioned Attic Space Above
= 0, Floor over any Condi-tioned Space
I{EATLOSS
2L6
n\J
195
0
0
4Ltfoot is 6.3
TOWN OF,V.AIL
75 S.FRONTAGEROAD
vArL, co 81657
970-479-2t38
mptu'Nr oF coMMUNITY DEVEL.PM*
NOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES
PLTJMBINGPERMIT Permit #: P0l-0052
JOb Ad&ESS: IOOI VAIL VALLEY DR VAIL StAtUS . . . : ISST]ED
Location.....: Applied": 0610412001
ParcelNo...: 210108101005 Issued : 0610412ool
ProjectNo ' ExPires..: l2l0ll200l
ottNER KATHr-,EEII V. FERRY TRUST 06/04/2001' Phone:
288 BRIDGE ST
VAIIJ CO
81657
License:
CONTRAEfOR LIONSHEAD PI,UMBI}iIG AND HEATIO6/O4/2OOT PTTONE: 910-821 -574L
P.o. Box 944
MINTURN, CO
1151 MAIN STREET 81645
License: 250-P
APPLICANT LIONSHEAD PLIJMBING AND HEATIO6I04/200L Phone: 910-827-57L1
P.O. BOX 944
MINTURN, CO
]-151 MAIN STREET 81645
License: 250-P
Desciption: PLLIMBING FOR REMODEL
Valuation: $24,000.00
Fireplaoe Information: Reshictert ?? # ofcas Applianccs: ?? # ofGas l-ogs: ?? ......{91w.:9ldlo' ??
I't'ttttt***tli,|laat
plumbing-> g3go . oo Restuarant Plan Review-> 90. oo Tolal Calculated Fe€6-> 5453 .00
Plan Check--> S9o-oo DRB Fee----------> $o.oo Additional Fees----'> S55'00
InveOigation-> $O.oo TOTAL FEES---> 9453.00 Total Pennit Fec'-..-> $soa.oo
Will Csll-> 93. oo Payments--'-----'1 $508 ' 00
BALAI{CE DL|E-> S0.00
*+****rllttrt|*ta'lIIItem: 05100 BUILDING DEPARTMEnflt
O6/O4/2OOL JRN| Action: AP
Item: 05600 FIRE DEPARTMENT
CONDITION OF APPROVAL
Condr 12
(Br-,DG.): FIELD II{SPECTIONS ARE REQUIRED TO CIIECK FOR CODE COMPLIAI{CE.
**ltrra,|all't*l*lta
DECLARATIONS
I hereby acknowledge that I have read this application, filled out in frrll the information required, completed an accurate plot plaq 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 stucture according to the towns zoning and subdivision codes, desigrr review approved"
Uniform Building Code and oth€r ordinances of the Town applicable thereto-
REQIJESTS FOR INSPECTION SHALL BE MADE
a
TWENTY -FoLrR HoLTRYN
'^1"
CTORFORHMSELFAND OWNE
ADVANCE BY TELEPHONE AT 138 OR AT OUR OFFICE FRQM 8:00 AM - 5 PM.
e
479-2
TURE OF O
a
i)lr q1 l -q?sov--'/ l\--l
I qxll -coq9:
*rf t:t *{r!t,*:}****t*!t!t*+ ***t** 'i * **** * t{' * ****** * * **,f t,} *** **'t't**** * ** ** *****{. ****** * **tl!* !t *** ****'}+
TOWN OF VAIL, COLORADOCopy Rcprinted on 06'04-2001 at 14:31:09 o6n4l200l
Statement
rt ,t *:r * *,t* t,tr,t * ***,t* {. 't * * * * *,t * * * * * * * * * * * * * + * * * * +*!t* * * * * 't'** *'}'}** * 'l * * * * * * * * *
'lr
* * * *'*+ + +**{t'l * *'** 't:}'**+
statement Number: R000000890 AmounE: $508'00 06/04/2o0ro2:30 Pu
Palment tilethod: Check rnit : DF
Notation: CHECK # 33 02
Permit No: P01-0052 Type: PLI]I!|BING PER'I{IT
Parcel No: 2101081010 05
Site Ad&ees: 1001 VAIIr VAIJLEY DR \fAIL
Location:Total Pees: $508.00
ThiBPayment:$50s.OoTotalAL|LPmte:9508'00 Balance: $0 ' 00
**** + ***,**'t 'l** ****++*!* * **:t'i*****{r*t***,**+,t* *{' *'t,t****+ + * * ****,t*+****** * '}'}*!* ** +**{'** * **{' **** * {t
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
cL 00100003123000 C0NTRACTOR LICENSES 55.00
pF 00100003112300 PLAN CHECK FEES 90.00
PP OOTOOOO31112OO PLUMBING PERMIT FEES 360.00
l,.lc ()O1()OOO31128OO MLL CALL INSPECTION FEE 3'OO
APPrrcArrc-r Nor BE AccEprED rr tn.onrf,j HiWt*yt
Building Peimit #:
Plumbing Permit #:
97 o-47 9-2149 (Inspections)
NVNOFVIN
75 S. Frontage Rd,
Vail, Colorado 81657 DO9t-CONTRACTOR INFORMATION
Plumbing Contractor:
I p rrrs /tsn/ 2//,t9a,/z a 7 i
Contact and Phone #'s: 77,/- /iZ-5?t
2D - t2/ -5 7:
Town of Vail Reg. No.i
COMPTETE VATUATION FOR PLUMBING PERMIT (Labor & Materials)
Contact for Parcel #
Parcel # (Required if no bldg. permit # is provided above)
Job Address:Job Name:rEl.=5sHz'zz
'P/*z,j*q ipst -rtZz z/2*//*
WorkClass: New() Addition( ) Alterationp{ Repair( ) Other( )
Type of Bldg.: Single-family ( ) Duplex p{ Muti-family ( ) Commercial ( ) Restaurant ( ) Other ( )
No. of Accommodation Units in thisbuilding:. b4No. of Existing Dwelling Units in this building:
Is this a conversion from a wood burning fireplace to an EPA Phase II device? Yes ( ) No
* ********rr************ ****'r**********'!*FOR OFFICE * ** * * * * * tr ** r. * *** ** * tr**** * ** ** *** *
s'
F/everyone/forms/plmbperm Ctu.r# 73r,>
f il;].1 - f.l HOW DIDWE RATE VUIIH YOU?
Survey
Community Development Department Russell Fonest Director,
(970)47s-213e
Check all that applies.
1. Which DeparEnenf(s) did you conbct?
Building _ Environmenhl_ Housing_ Admin
Planning _ DRB PEC
2. Was your initial contact wiilr our stafi immediate slow 0r
no one available ?
4.
J.lf you were required to wail how long was it before you were
helped?
Was your projecl reviered on a timely basis? Yes / No
lf no, why not?
5. Was this your first lime to fle a DRB app- PEC app
Bldg Permit_ N/A
Please rate the performance of the stafiperson who assisbd you:
54321Name:
(knowledgq responsiveness, availability)
Overall efiectiveness of he Front Service Counter. 5 4 3 2
What is the best time of day for you to use the Front Service
Counter?
9. Any which would allow us to beter serve you
neYtfime?
'7,,
8.
{| "*l,'
*.,6 I QJhank you for taking the time to complete this survey. We are! r'."pommited b improving our seMce.
oa
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fhursdtv. Octob€r 25. 200!
CD
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Contrachr: c|rhamR0ldcofli0|rcfdllnc Phone: 97S8t195186
ADdlcant GrrhsmRcldcoo!iltlfrn.rrc. Phone: 9il'94!F5186
Ebdcrisdon: Adtilkr{r, tunoftl of &re|cr
Cofir{rEn[ RAIXIEDSTnUCflJHALS TO CHA,RLIE - CDAVISComng* PLA IS ROLrtED TO CHARLE. ERENT AtlD PLrBLlC TwORKS - LCAMPBELL
RaouaaH lmoacuort'rl
fr-Fdlnd!0ory'SLd " Approvrd -
0gqilo{ firsdbr: cDAvtg Acrb,n: PAPART&4LApPROVA
Nnfi!.nE; PAFTTAL API,ROI.AI. FOR FO{J}IDATIOI.I WALLS EXCLIJDE$ SOLf
FIE If'Y FgR TtTEiPEt-Tf,)N06(P01 kitDccloc CDAVIS Ar6on: ,
rrF enrs' REST OF FOt hlOATrf,H COi'PLETE
Requeated Tlme: 08:00 Afl' Phon : 97$9L95186
FntE ed By: Of:LORES K
APAPPFOI'ED
Acllon: APAPPROniTEO
FOR
ArcR APFF.C{'EDICORRECTK)$I RE@
MVVL$PACE ACCESS AAID COIFTRI.'CTNN
TP|lTq\|ER NOTFIED
)ruTNUOUS TOF PLATES
IIN.SS$IG AT LOWER LEVEL
lbm: 530 Bl-DO-Tcmp. gro
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CodfiHilr: WC 28o6{Fg -z [ \A*s"fiIKmw^eNd %4* r,0,
(oS*rn c3 t .luf Ccrvl?crrL
lruEccdon hillbrY
bm: 10 flDqF_@flgdgt.l
A*Ibn: AP APPROT/ED(513001- ltle€clot. GR
Commsntr: a fdolfig sler. SE, NE & NW. Told cffiEctor to clren oilt bodom ot fo|tDd Bnrt p|hr b po$.
Wmi n BlDcr-Fdlnd!0ory'Slrf, " ApDrov.d -
ftrm: 22
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ftsn: 5O
lhrt 60
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coAvls A.tlon:cofiintfilr:
COMMcng; PAFTTAL API,ROI.AI. FOR FO{J}IDATIOI.I WALLS EXCLIJDE$ SOT/TH WALL WI{CH IS T.IOT
RETDY FOR SISPET-T$N ,
BlDGlnsuhlhr " Aporwed "0&17i01 hrD|cbr: GRG' ectofi: APAFFFovEo r'{,i..-
Coflm.nts: btlhlbn cpprovsi I tramkE conacilons coftpffi. L€fl notc that cravrl spaco vcturg rnd ffiFA
hrrnr til iddtcd b) be doaf,rrrilr.StDCtS|motoctffrff *Atrrotrd'-
0o01ol hrDocbr: CDAIXS Acdon: APJqPPROVED
Conf,ncnls: GFOUt{} LEVET PARTY WIILS APpRO/ED(P19/Ol lEDGln: cRG Arilon: PAPARTIALAPPROVAT
Cornmrc*r: E. hc. ol UV€t FcrV ryEs. Told corfrdor b tr3s erilarb grypnum 3h.6lhlrE ln .t. Ftfy $rrn
....mbly Fl lo b. buth lhat ryffl be higlE lhan n€hhborkig ilnL
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Roguffibd Inspect Date:
Inrgec{lon A'E.:
SlEAddrcar:
tl0l-0124 Tl/Fe
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210to€101(n6
IaTHLEENV. FERRY TRUST
tn|\FllEAD P|.ufffi.l(l AND HEATT,K} Phone: 97S6?7-5711L|ON9}€ADFLUShIGAIIDHEAThICi Phons: 97GE27-5711
S{STALITTFI'I Of }EAT.BATH EXI{AIJSTA}ID COI#USTABIE AR
ROT'TED TO C}IARLG FOR APFftOVAIJREVIEIA' - C'AVIS
subTffi: ADUP Sbtur: lsgt ED
Inrp Arca: CD
Requc6ted Tlme: 0E:00 Att' Phon|: 970'&t7-5711
Enter€d By: DFTORES K
Page 17
J-1J-ul
Thursrlay, Oatober 25, 1001
IOOi VAILVALLEY DR VAIL
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VERSAIT/|,
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il.m: 31O ilECFlHcetho "ADDrovod"
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lnrpecuon Area: GD
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AIP/DJnfonnatlon
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OI^trI€f: KATHLEEil V. FERRY TRTIST
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lhm: 390 tlECl'l#inal
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0Rl6lA/A L 6[VoL
THISAGRFFMEIT, B?q;^A4dentered intothis 2S*^, ot 6ttoV,2OOl .
By and among ".Nt '@<tcY (hereinafter called the "Develope/), and the TOWN
DEVELOPER IMPROVEMENT AGREEMENT
WHEREAS, the Developer, as a condition of approvalof the trRPtJ KeSio*t
plans, dated {/ tq ,209L, wishes to enter into a Developer lmproGment Agreement;
OF VAIL (hereinafter called the "Town").
and
WHEREAS, the Developer is obligated to provide security or collateral sufficient in the
judgement of the Town to make reasonable provisions for completion of certain improvements set
forth below; and
WHEREAS, the Developer wishes to provide collateral to guarantee performance of this
Agreement, including construction of the above-referenced improvements by means of the
following:
Develooer-aorees to establish a cash deoosit with the Town of Vail in a dollar amount
ot S I t'TW %tD (25o/o ot the total cost of the work shown below) to provide security
for thefollowing:
IMPROVEMENT
Attach a copy of the estimated bid.
r rqe
\VAl L\DATA\cdev\FORMS\DlA Cash.doc Page 1 of4
3Ji1
X[.tl=n$:5?l^1 ::::'l:::?*:."f the forrowins mutuar covenanl*gg*asr,eements,
the Deveruogqlnff l:tti us,'F&t' follows:.liS'r.*.\tr-q:J' '-'ifrtiblTaB6i"gEgl; "t
the sote cosr and expensegljqrlrrn
material neeegsarylo perform and complete all imp;ovements, on or before
L)-.''Thd D'eveloper shall complete,iih'b',The Developer shall complete,!ih'e,good workmanlike manner, all improvements as
listed above, in accordance with all plans and specifications filed in the office of the Communilyspecifications filed in the office of the Communily
Development Department, the Town of Vail, and to do all work incidental thereto according to and
in compliance with the following:
: /. '1.\ j.+r..,6 -iF \a. Sicnbtdb?besigns, drawffi, maps, specifications, sketches, and other matter
submitted by the Developer to be approved by any of the above-referenced
governmental entities. All said work shall be done under the inspection of, and to
F:.14l. ,it#yiBatisQ$i$pf, the Town Engineer, the Town Building Official, or other official- - -from thb To*n of Vail, as affected by special distrigtg or service/istrps, as their
respective interest may appear, and shall not be deemed complete Until approved
and accepted as completed by the Town of Vail Community Development
Department and Public Works Department.
2. To secure and guarantee performance of its'obligations as set forth herein, the
Developer agrees to provide security and collateral as follows:
A cash deposit account in the amount
"f $1JLfu-%-to be hetd by the
Town,asescrowagent,sha||providetnesGZ@provementsietforth
above if there is a default under the Agreement by Developer.
3. The Developer may at any time substitute the collateral originally set forth above
for another form or collateral acceptable to the Town to guarantee the faithful completion of those
improvements refened to herein and the performance of the terms of this Agreement. Such
acceptance by the Town of alternative collateral shall be at the Town's sole discretion.
4. The Town shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or da[pge happening or occurring to the work specified in this
Agreement prior to the completion and.aO0eqpnce.pf the same, nor shall theTown, nor any
officer or employee thereof, be liable for any Fe'iCb.ns'or property injured by reason of the nature
of said work, but all of said liabilities shall and are herebyiqs.ymed by the Developer.
The Developer hereby agrees.{o indemhitpand hold hahille;s the Town, and any of its
officers, agents and employees against any loss6stlclaims,..damages, or liabilities to which the
Town or any of its officers, agents or emflDy.ees may'be-cbme subject to, insofar as any such
losses, claims, damages or liabilitigs-(or actions in respect'thereof) that arise out of or are based
upon any performance byJhe.Developer hereundei; and the Defefoper shall reimburse the Town
for any and all legal or othbrt -expenses reasonably inqgred by the Town in connec{ion with
investigating or defending ariy such loSs, claim, damdQ6,.liability or action. This indemnity
provision snatt Oe in addition to any other liability which the Developer my have.
5. lt is mutually agreed that the Developer may apply to the Town and the Town shall
authorize for partial release of the collateral deposited with the Town for each category of
improvement at such time as such improvements are constructed in compliance with all plans
and specifications as referenced hereunder and accepted by the Town. Under no condition will
Yqilii
\\vAIL\DATA\cdev\FORMS\DlA Cash.doc Page 2 ol 4
the amount of the collateral that is being held be reduced below the amount necessary to
complete such improvements.
6. lf the Town determines, at its sole discretion, that any of the improvements
contemplated hereunder are not constructed in compliance with the plans and specifications set
forth in this Agreement on or before the date set forth in Paragraph 2, the Town may, but shall not
be required, to complete the unfinished.
lf the costs of completing the work exceed the amount of the deposit, the excess, together
with interest at twelve percent (12o/ol per annum, shall be a lien against the property and may be
collected by civil suit or may be certified to the treasurer of Eagle County to be collected in.the
same manner as delinquent ad valorem taxes levied against such property. lf the permit holder
fails or refuses to complete the cleanup and landscaping, as defined in this chapter, such failure
or.refusal shall be considered a violation of the Zoning Code.
7. The Developer warrants all work and material for a period of one year after
acceptance of all work refered to in this Agreement by the Town if such work is located on Town
of Vail property or within Town of Vail right-of-way pursuant to Section 8-3-1.
8. The parties hereto mutually agree that this Agieement may be amended from time
to time, provided that such amendrtlolq hp in y*itiag.andexecuted by all parties hereto.
\\VAIL\DATA\cdev\FORMS\DlA Cash.doc Page 3 of 4
Dated the day and year first above
STATE OF COLOMDO
COUNTY OF EAGLE
STATEOFCOLORADO )
)ss.
couNTYoF EAGLE )
Witness my hand and official seal.
,.)
My commission e\pres 9p4i? 4 AD3
" _-. The foregoing Developer lmprovement Agreement yvas acknowledged before me thisCl> Dayof - 6,*tb<,n- ,z}d-Oy (t'eavq- Vt' n^'r
\Mltness my hand and official seal.
My commission expires:
Administrator, Community Development
\\VAIL\DATA\Cdev\FORMS\DlA Cash.doc Page 4 of 4
\\
FIL E COFT
Address:
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT. ma
By and anong ttffif ft)enteredintothis -Z-!i^, ot 6t-toW,2o-e-!-,
OF VAIL (hereinafter called the "Town").
WHEREAS, the Developer, as a condition of approval of the':t "'- --'-'-plans, dated {/ tq ,20CL, wishes to enter into a Developer lmprorlement Agreement;
and
WHEREAS, the Developer is obligated to provide security or collateral sufficient in the
judgement of the Town to make reasonable provisions for completion of certain improvements set
forth below; and
WHEREAS, the Developer wishes to provide collateral to guarantee performance of this
Agreement, including construction of the above-referenced improvements by means of the
following:
Develooer-aorees to establish a cash deoosit with the Town of Vail in a dollar amount
ot S I tiLW 4D (125% of the total cost of the work shown below) to provide security
tortnffiiioffifi:
IMPROVEMENT
Attach a copy of the estimated bid.
REI'DNOV-52001
Receipt funds to: -f"t"'@
(hereinafter called the "Develope/), and the TOWN
I(e lf-2', te
r rqe
X vot-canT)erey'tt/" r/, t
( l"u sc
\\VAIL\DATA\cdev\FORMS\DlA Cash.doc Page 1of4
€-^ tl s p. v^t ,
f F,'.!;i 't'
3
NOW THEBEFORE, in consideration of the following
the Devetuog5"lff,Ittt? uqfngs forrows:.$iS r.bbt{tjr're:tt4^'e.-!tPA:). tne uevercoer-t:'n 'n1i.t8bliB16#?"sFlB:"t
the sole cost and expense*Jlcrprnis-1.- TliE Deadbper agfeCs; at the sole cost and expense*Jl4fprnlg
material n*egs_?ry{g perform and complete all improvements, on or before __1Thd D'eveiioper shall complete, in a good workmanlike manner;-il-improGmEi-iils
listed above, in accordance with all plans and specifications filed in the office of the Community
Development Department, the Town of Vail, and to do all work incidental thereto according to and
in compliance with the following:
'i--, iq j.,;ir.1e . lil Sa. Such othei designs, drawing-s, maps, specifications, sketches, and other matter
submitted by the Developer to be approved by any of the above-referenced
governmental entities. All said work shall be done under the inspection of, and to
F.5.r=ci*$11j3atigQ$iqJpf, the Town Engineer, the Town BuiHing fficial, or other official
from the Town of Vail, as affec{ed by special distri$ or servicefistrlpls, as their
respective interest may appear, and shall not be deemed complete'l.rntil approved
and accepted as completed by the Town of Vail Community Development
Department and Public Works Department.
2. To secure and guarantee performance of its'obligations as set forth herein, the
Developer agrees to provide security and collateral as follows:
A cash deposit account in the amount
"t $LX@-fu-Lo be held by the
Town, as escrow agent, shall provide tne sEFrit-rc?-i6ffiprovements iet forth
above if there is a default under the Agreement by Developer.
3. The Developer may at any time substitute the collateral originally set forth above
for another form or collateral acceptable to the Town to guarantee the faithful completion of those
improvements refered to herein and the performance of the terms of this Agreement. Such
acceptance by the Town of alternative collateral shall be at the Town's sole discretion.
4. The Town shall not, nor shall any officer or employee tnereot, be liable or
responsible for any accident, loss or da'nFge happening or occurring to the work specified in this
Agreement prior to the completion and. apdeptence.,pf the same, nor shall theTown, nor any
officer or employee thereof, be liable for any pe'B\ps'* property injured by reason of the nature
of said work, but all of said liabilities shall and are herebfpsumed by the Developer.. ($.
The Developer hereby agrees to indemnify and hold ndtitt.eis the Town, and any of its
officers, agents and employees against any losses, claims, damages, or liabilities to which the
Town or any of its officers, agents or employees may become subject to, insofar as any such
losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based
upon any performance by the Developer hereunder; and the Developer shall reimburse the Town
for any and all legal or other expenses reasonably incurred by the Town in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer my have.
5. lt is mutually agreed that the Developer may apply to the Town and the Town shall
authorize for partial release of the collateral deposited with the Town for each category of
improvement at such time as such improvements are constructed in compliance with all plans
and specifications as referenced hereunder and accepted by the Town. Under no condition will
Page 2 ot 4\WAIL\OATAbdev\FORMS\DIA Cash.doc
the amount of the collateral that is being held be reduced below the amount necessary to
""'o'"::"""n'''o:"";t;::,.r,n"r,
at its sore discretion, that any orrhe improvements
contemplated hereunder are not constructed in compliance with the plans and specifications set
forth in this Agreement on or before the date set forth in Paragraph 2, the Town may, but shall not
be required, to complete the unfinished.
lf the costs of completing the work exceed the amount of the deposit, the excess, together
with interest at twelve percent (12o/o) per annum, shall be a lien against the property and may be
collected by civil suit or rnay be certified to the treasurer of Eagle County to be collected in,the
same manner as delinquent ad valorem taxes levied aga'inst such property. lf the permit holder
fails or refuses to complete the cleanup and landscaping, as defined in this chapter, such failure
or refusal shall be considered a violation of the Zoning Code.
7. The Developer warrants all work and material for a period of one year after
acceptance of all work referred to in this Agreement by the Town if such work is located on Town
of Vail property or within Town of Vail right-of-way pursuant to Section 8-3-1.
8. The parties hereto mutually agr-ee that this Agieement may be amended from time
to time, provided that such amend*.len6 hein yvritinggndexeoied by all parties hereto.
\VAIL\OATA\CdeV\FORMS\DIA Cash.doc Page 3 of 4
Dated the day and year first abqve
STATE OF COLORADO
COUNTY OF EAGLE
)
) ss.
)
Witness my hand and official seal.
,.1
My commission expnes 9Pi/ J, *D3
STATEOFCOLORADO )
)ss.COUNTYOFEAGLE )
Administrator, Community Development
Witness my hand and official seal.
My commission expires:
(l
(L
\WAIL\DATA\cdev\FORMS\OlA Cash.doc Page 4 of 4
Oct e2 Ol O8:42p Kevin Fne nch ?o-so26-.O946 p.2
The Avanlgardener Landscaping, Inc.
P O. Box 2124
Edwards, C0 Sld32k
970-s24-4501
970-524-4502Fax
I
I
I
rcn)/2001
I suemrreoro:
IL--- - _--_..l
I Grahnm Reid Conrr*ctto.. tn"F-
JPo.- Box 1424 i
I Vail, co 81659
iIr
DESCRIPTION
RcvBgitaG disturbed areas
i
PROPOSAL
Nr]Ttr , e.i,''rarril:-;- I
I PROJHCTADORESS i
rlttrl
1007 Errgls5 hesl git 1.
ii
--i-._ -- . -._. j
i -- ------]I RATE I rorAL
I.=i..__---_-JI l.,J0o D0 i 1,000.0c
I
APPROVAT SIGNATURE
TOTAL sl,000.00
OcE 2?Ol O8:42p Kevin Fnench
DESCRIPTION
I
APPROVAL SIGNATURF
3?O -9a6-.o946 P.2
PROPO$ALThe Avant-gardener Landscapin& Inc.
P O. Box 2124
Edwards, CO 8l&2*
970-s24450r
970-524-45a2FeI',.
L:,:YT?11
I Grahnn Reid ConsEuction Etc. rJ
lP.O. Box 1424
lvail, co 8165s
t..--_
Rcv€gitatc disturbcd areag
-..1 I_.J---l
I
I
I
I
i
i
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I
I
I
I
I
I
- ---....-l
!
I
I
$1,000.00 |TOTAL
i
e)'" " .t'SH,itulil o""",oo'"n,
75 S. Frontage Road
Vail, CO 816s7
o"pJO rJft-QI-
make checks payable to the TOWN OF VAIL
oooo gla 1110
001 0000 314 1112 Uniform Buildinq Code - 1997 - Volume 1&2
001 0000 314 1112 Uniform Buildinq Code - 1997 - Volume 3
0000314 1112
0000 3't4 11 12
0000 314 1112
0000 314 1112
0000 314 't l 12
0000 314 1 112
001 0000 314 1112
lnternalional Mechanical Code - 1998
Uniform Mechanical Code -1996
$12.75001 0000 314 1112
0000 314 1 112
001 0000314 1211
001 0000 314 11 11
of Revisions to 1997 Uniform Codes
001 0000 3't4 111'l
1 0000 314 11 1 I
001 0000 315 3000
001 00(x) 311 2300
0000 315 2000
0000 312 3000
0000 312 4000
Lionshead Master Plan ($1.80/$1.60
0000 312 4000
1 0000 311 2200
001 00fi) 315 3000
001 0000 2/m $ql
001 (Xno 312 1000
001 (xxn 230 2000 lSpec. Assess.-Rostrurent F€ to Co Deot.Rev.
To*n of var ir*r [UJi[l|Icn fii[EIFI *++
lifl,t: i0/rbi0l titi frElEirTl M1417i
q9. tus r i.rlrrR LUTAT IoN Ar'flif{i lp . I!1ial"t iirE i f1250,00 rfiD tF,
riHve :iRxv li{: liii d: trirE rEiiRl
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1212012000
Design Review Board
ACTION FORM
Departnent of Community Development
75 South Frcntage Road, VaiL Cohrado 81557
teli 970.479.2L39 fax: 970.479.2452
web: www,ci.vail.co.us
ProjectName: RUTHERFORDRESIDENCE DRBNumber: DRB0I0043
Project Description:
Relocate existing garage, 250 addition, new bath
Participants:
OWNER RUTHERFORD, SUSAN REPETfl 03/1212001 Phone:
3466 ELLA LEE LN
HOUSTON TX
77027
License:
APPLICANT RUTHERFORD, SUSAN REPETTI 0311212001 Phone: 476-0300 - Art
3466 ELI.A LEE LN
HOUSTON TX
ArtAbplanalp 77027
License:
Prcject Addrce* 1001 VAIL VALLEY DR VAIL location:
Legal Description: [ot: 1-A Block: 6 Subdivision: VAIL VILLAGE FIUNG 7
Parrcel Number: 210108101004
Comments! SEE CONDffiONS
BOARD/STAFF ACTION
Motion By: ANDY BLUMETTI Action: APPROVED
Second By: CHARLES ACEVEDO
Vote: 4-0 Date of Approval: 04/18/2@1
Conditions:
C-ond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the Design Review Board.
Cond: CON0004654
WINDOW TRIM AND DECK MIUNGS MUST BE CONSISTENT THROUGHOUT THE DUPLD(.
Planner: DRB Fee Paid: $50.00
Design Review Board
ACTION FORM
Deparunent of Community Developrnent
75 South Frrontage Road Vail, Colorado 81657
tel: 97O.479.2139 tax: 970.479.2452
web: www.ci.vail.co.us
Proiect l{ame: FERRY RESIDENCE DRB Number: DRB0100,il4
Project Description:
Addition/remodel of duplex
Participants:
OWNER KATHLEEN V, FERRYTRUST 03/1212001 PhONC:
288 BRIDGE ST
VAIL CO
81557
License:
APPLICANT SALLY BMINERD O3IL2I?:OOL PhONC: 475-9228
RKD, Inc.
1000 Lionsridge Loop #3D
Vail, CO 81657
License:
Project Address: 1001 VAIL VALLEY DR VAIL location:
legal Deccription: lot: 1-B Block; 6 Subdivision: VAIL VILLAGE FILING 7
Parcel l{umber: 210108101005
Comments: SEE CONDffiONS
BOARD/STAFF ACTION
Motion By: ANDY BLUMETTI Action: APPROVED
Second By: CHARLESACEVEDO
Vote: 4-0 Dateof Approvalz Mlt9/20{Jt
Conditions:
@nd:8
(PIAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the Design Review Board.
Cond: CON0004655
WINDOW TRIM AND DECK MILING DETAILS MUST BE CONSISTENT THROUGHOUT THE
DUPLD(.
Planner: Brent Wilson DRB Fee Paid: $5O.OO
I ,ij,{;"Ct:,
Department of C ommunity Development
75 South Frontage Road
ltail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us
August 23, 2000
Tom Weber
RKD Architects
1000 Lionsridge Loop, Suite 3-D
Vail, CO 81657
Re: 1001 Eagle's Nest Circle / Lot 1, Btock 6, Vait Vitlage / fning
Dear Tom:
This letter willserve as confirmation that the Vail Town Council unanimously (4-0)
upheld lhe PEC/staff decision to reject the above-referenced application for design
review approval upon appeal at its August 22no meeting. I will begin the refund process
for the design review fees submitted to the Town on June 12m (RKD check #2080;
$50.00; Town of Vail receipt #51395/0009986).
lf you would like to discuss this matter in greater detail, please do not hesitate to contact
me at (970) 479-2140.
Sincerely,
4-*,r,-- u',)-
Brent Wilson, AICP
Planner ll
xcr Kathleen Ferry, 2395 Bald Mountain Road, Vail, CO 81657
tp on "uornr*
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Vail Town Council
Brent Wilson, Departmenl of Community Development
August 22,2000
An appeal of the Planning and Environmenlal Commission's July 24th
upholding of a staff decision regarding the requiremenl for a joint owner's
signature on a development applicalion submilted to the Department of
Community Development, for property located at 1001 Eagle's Nest
Circleilot 1, Block 6, Vail Village 7h Filing.
Applicant: Kaye Ferry, represented by RKD, Inc.
On June 27,2000, the Department of Communily Development rejected an application
for design review approval from the appellant since it proposed development on a jointly
owned piece of property and the joint owner's signature did not appear on the
application. On July 24'n, the Planning and Environmental Commission upheld the staff
decision upon appeal. Pursuant to Section 12-3-3(A), Vail Town Code, the applicant has
filed an appeal of the PEC'S decision with the Town Council. The appellant asserts the
application was originally submitted on July 14, 1999 and that the new application is a
revision to the original submittal and, therefore, it should not be subject to a requirement
formalized on May 2nd of this year. Please refer to the attached staff memorandum, final
PEC agenda, PEC meeting minutes and the appellant's written statement for more
specific details.
STAFF RECOMMENDATION:
The Department of Community Development recommends that the Vail Town Council
uphold the PEC/staff decision regarding the requirement for a joint owner's signature on
an application submitted to the Departmenl of Community Development; subject to the
following findings:
1. The staff decision is consistent with the provisions of Section 12-11-4,
Vail Town Code (Material to be Submitted; Procedure) and Town of Vail
Zoning Code Interpretation #33 (attached). The application requirements
have not been met in full by the applicanUappellant.
2. Staff's decision was nol an "ex post facto" application of the code since
lhe design review application was submitted 41 days after the formal
zoning interpretation was drafted.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
July 2a,2000
An appeal of a staff decision regarding the requirement for a joint owner's
signature on a development application submitted to the Department of
Community Development, for property located at 1001 Eagle's Nest
Circle/Lot 1, Block 6, Vail Village 7'n Filing.
Applicant: Kaye Ferry, represented by RKD, Inc.
Planner: Brent Wilson
BACKGROUND
The Town has always required signatures from all affected parties whenever
applications involving common property have been involved. This includes
condominium or homeowners associations. Effective May 2,2000 the Department of
Community Development made a formal determination that this policy must include
jointly owned "C parcels" on duplex properties. We do not accept any applications
involving joinlly owned property without authorizalion from all owners, nor do we have
the authority to take action on property without the appropriate consent. This policy is a
direct result of numerous dilemmas (Hughes-Tuchman, Walker-McKibben, Ferry-
Repetti) where the town's aulhority to act upon applications without appropriate consenl
has been questioned. This policy will not affect duplexes where a common parcel has
not been established. The Town has enforced lhis policy on a number of previous
applications, including the McKibben-Walker design review application.
Reasonino for the Reouirement of Joinl Owners' Sionatures - The primary reason
behind this requirement involves legal issues of due process and equal protection.
Without this requirement in place, one owner (with a 50% interest in the property) could
potentially ulilize all development potential for jointly owned property for their sole benefil
without the knowledge or consent of lhe other 507o owner. The Vail Town Code does
not have any notice provisions for adjacent neighbors (with no ownership interest) on
design review applications. However, staff believes the joint owner signature
requirement is necessary to meet the minimum due process and equal protection
standards lor notification of individuals with an ownership interest in an affected piece of
property. This is the same reason why proof of consent has been required from
condominium and homeowner associations for decades. History has shown that without
this requirement in place, Town staff and boards typically lake on the role of arlcitrator in
private property disputes. This results in a great expenditure of time and resources lo
cover issues that are of little or no relevance to the general public or town government.
|il.
DESCRIPTION OF THE REQUEST
Historv of the subiect aoolication - On June 27,2000, the Department of Community
Development rejected an application for design review approval from the appellant since
it proposed development on a jointly owned piece of property and the joint owner's
signalure did not appear on the application. Pursuant to Section 12-3-3(4), Vail Town
Code, the applicant has filed an appeal. The appellant's statement of the nature of the
appeal is attached. The appellant asserts the application was originally submitted on
July 14, 1999 and that the new application is a revision to the original submittal and,
therefore, it should not be subject to a requirement formalized on May 2nd of this year.
The following is a timeline of the design review application process for the subject
propeny:
. June 28. 't999 - the appellant submitted a design review applicalion (and
appropriate fees) for a "250 GRFA addition and Type ll EHU." This application
involved the construction of a caretaker unit and a two-car garage. lt was
conceptually reviewed by the Design Review Board (DRB) on July 21 , 'l999. The
application for the associated site coverage variance and conditional use permit for
the Type ll EHU were denied by the PEC on July 26, 1999 and again by the Town
Council on November 2, 1999. Therefore, the applicant could not proceed with the
DRB application and it became void. Pursuant to Section 12-11-4(D), Vail Town
Code, a design review application becomes void unless: 1) the DRB takes action on
the submittal within 30 days of conceptual review; or 2) the applicant requests a time
extension from the DRB. The applicant never relurned 1o the DRB with the previous
submittal and no time extension was ever requested. Therefore, the previous design
review application became void in 1999.
. June 12. 2000 - lhe appellant submitted a new design review applicalion (and
appropriate design review fees) for an "addition and remodel of existing duplex."
This application involves the addition of GRFA to the existing unit and no longer
includes a garage space or a caretaker unit. Updated plans (due to the PEC and
Town Council denials of an associated site coverage variance) were received on
June 26th.
. June 27.2000 - the Department of Community Development notilied the appellant
that the new application was incomplete and would not be accepted due to the lack
of signalures from the property owners as required.
STAFF RECOMMENDATION
The Department of Community Development recommends that the Planning and
Environmenlal Commission uphold the staff decision regarding the requiremenl for a
joint owners' signature on an application submitted to the Department of Community
Development, for property located at 1001 Eagle's Nest Circle/Lot 1, Block 6, Vail Village
7'n; subject to the iollowing findings:
1. The staff decision is consistent with the provisions of Section 12-11-4,
Vail Town Code (Material to be Submitted; Procedure) and Town of Vail
Zoning Code lnterpretation #33 (attached). The application requiremenls
have not been met in full by the applicanVappellant.
o
ill.
2. Staff's decision was not an "ex posl facto" application of the code since
the design review application was submitted 41 days after the formal
zoning interpretation was drafted.
REVIEWING BOARD ROLES. APPEAL
Planning and Environmental Commission:
ACTION: The PEC shall make a motion to uphold, uphold with modifications, or
overturn the staff decision, based on specific findings of fact.
Town Council:
ACTION: Actions of DRB or PEC maybe appealed to the Town Council or by the
Town Council. The Town Council evaluates whether or not the PEC or
DRB erred with its motion and can uphold, uphold with modifications, or
overturn the board's decision.
ITEMS FOR DISCUSSION/EVALUATION
1. Was the application pending at the time of the zoning code anterpretation
(May 2,2000) or was it submitted after the drafting of the interpretation?
Staff response - A new application was submitted on June 12, 2000 and a new
submittal fee was paid on that date. The "pending" status of the 1999 application
did nol become an issue until after the new application was rejected by the
Department of Community Development. The Town of Vail requires a new
application when previous applications are denied, that is why the applicant's
representative submitted a new application and fee on June '12In.
Did town staff apply the submittal requirements in a consistent manner
with other applications and in accordance with the provisions ot the Vail
Town Code?
Staff response - All DRB applications are subject to the requirements of Section
12-11-4, Vail Town Code (Material to be Submitted; Procedure\ and the Town of
Vail Zoning Code Interpretations and this is not lhe first application to be rejected
due to a lack of joint property owners' approval. Staff believes the treatment of
this application in a manner inconsistent with Zoning Code Interpretation #33
would be a grant of special privilege.
Was the design review application incomplete when submitted?
Staff response- Section 12-11-4, Vail Town Code details the specific
requiremenls for application submittal and it incorporates the Town of Vail's
Application for Design Review Approval by reference. One of the specific
application requirements is the name/signature of the property owner(s). The
application submitted contains a signalure by Sally Brainerd (representative of
Kaye Ferry) but no signature, reference or representation is given for the other
affected propefty owner. Therefore, stafl concludes the application is materially
incomplete as submitted.
tv.
2.
3.
DuN
a
Law OFFtcEs
PLANALP & MauRrEr-lo. P
t
N, Aa
WesrSrea Balrr Burr-ottrtc
roa SourH FRoNTAGE Roao W:sr
Su rre soo
VA|L, CoLoRADo a r6s7
20 July 2000
.c.
JOHN W. DU N].I
ARTH UR A. ABPLANALB JR.
OIANE H. MAU RIELLO
INGA I{AAGENSON CAUSEY
OF COUNSEL:
JERRY w' HANNAH
TELEPHONE:
(97O) j+76-O3OO
FACSIM ILE:
<97 0) 476-4763
highcountrylaw.cam
emaiI vaillaw@vail.net
CER'IFIEO LE6AL ASSISIANTS
KAREN M. OUNN, CIAS
JAN rCE K. SCOF|ELOT CLA
Planning and Environmental Commission
Town of Vail
75 South Frontage Road West
Vail CO
Re: Appeal of Kathleen Ferry
Members of the Commission:
Our Firm has been engaged by Susan Rutherford, the owner of an undivided
one-half interest in Tract C, Lot 1, Block 6, Vail Village 7th Filing, the property which
is the subject of the above appeal, to assist her in supporting the staff of the Vail
Department of Community Development in association with that appeal.
The issue before the Planning and Environmental Commission is a narrow one.
That question is:
Whether the staff of the Department of Community Development was correct
in determining that the application for design review of a proposed project was
insufficient when the application was submitted only by Kathleen Ferry without
the signature of the other co-owner of the property upon which the project is
to occur.
TheVail Municipal Code requires that an application for design review approval
be submitted by the "orvner or authorized agent of a project." During a recent period
of time, the Town staff considered applications submitted by only one of a number of
owners of a property which was the subject of an application. That policy was
apparently adopted when the Town encountered complaints by owner-applicants who
found it difficult or impractical to obtain consent of their co-owners. Since that
change in policy, the Town has been dealing with the objections of co-owners whose
consent has not been obtained and who do not, in fact, approve of the proposed
modifications to property which they jointly own. The Town also has been regularly
placed in the position of being asked to interpret private covenants which may or may
not permit applications to the Town initiated by only one owner of a jointly owned
property.
Apparently in a logical reaction to these recent experiences, and consistent with
the Municipal Code, the staff has returned to its earlier application of the Code and
now requires the consent of co-owners of a property which is the subject of an
application. That change is both a necessa{y administrative policy and a reassurance
to homeowners to which they are entitled under the Municipal Code. The staffshould
be supported in its current position.
Beyond the merit of the current policy, two issues specific to this appeal warrant
limited discussion.
First, Ms. Ferry apparently justifies her argument that the cunent policy should
not be applied to her by claiming that this most recent application is simply a reaction
to the Town's comments on an application submitted in July, 1999. Since July, 1999,
Ms. Ferry has filed several other applications with the Town relating to the same
properry, each having different proposed configurations for her proposal. Each of
these proposals has been disapproved. There is no relationship benreen the current
application and either the initial July, 1999, project or the various proposals which Ms.
Ferry subsequently tried to process in 1999 and in early 2000. Those earlier projects
were each far more expansive than that which is the subject of the current application,
whatever the current application may be. Ttre current uncertainty regarding the exact
nature of the plan before this Commission arises from the fact that Ms. Ferry's
representatives have submined multiple conflicting plans which they say are being
submitted under the curent application. Some do not involve a garage, but at least
one plan incorporated a garage into the body of the proposed stmcnrre, a dtange
which Ms. Ferry has argued for months cannot be incorporated into her project. Like
her argument that no garage could possibly be incorporated into the current structure,
her position that the current project is a variation on one or more submittals in 1999
has no foundation. Her current Errgument, like tlrose related to her efforts to obtain
variances, is simply intended to gain a special privilege to which she feels only she is
entitled.
S econdly, the plans which have been submitted to the Town are misleading with
respect to the description of the land which is the subject of this application and the
ownership of that land. ltre plans identify Parcel A (the half of the residential
structure which is owned solely by Ms. Rutherford) and Parcel B (the half of the
residential structure which is owned solely by Ms. Ferry). The plans do not identify
(and the application does not refer to) Parcel C, which is the entire lot except for those
parts identified as Parcels A and B. Parcel C is owned in undivided half interests, one-
half by Ms. Rutherford and one-half by Ms. Ferry. The current application affects and
assumes construction on the jointly owned Parcel c.
The issue correctly identified by the Town staff is not a matter of interpreting
documents. The issue is whether, when the Town Code requires an application by the
owner of a project, one owner, acting alone and over the objection of the other owner,
can process an application for the development or modification of that jointly owned
properry. If the Town is required to accept and review such applications, the Town's
staff and the Town's boards are then required to engage in exercises in futility which,
at best, will require reconsideration when, and if, a modification of the submitted
plans can be agreed upon by all affected parties. The Town's staff and the Town's
boards have betterways to spend their time than processing proposals which are not
agreed upon even by the parties upon whose property improvements are to be
constructed.
People who deal with the Town of Vail wish to believe that everyone before the
Town is treated equally. Reversing the Town staffs determination in this matter
would Srant a special privilege to Ms. Ferry no different than those which she
requested in variance requests which were repeatedly and appropriately denied by the
Town.
The Town staff should be supported in its determination that the application of
Ms. Ferrywas not complete or in conformitywith the Municipal Code, and Ms. Ferry's
appeal should be denied.
Verytruly
D
A. Abp
xc: Ms. Susan Rutherford
Arthur
Department of Community Development
75 South Frontage Road
Yail. Colorado 81657
970-479-2138
FAX 970-179-2452
www.ci.yail. co.us
To:
From:
Re:
Date:
Staft lnterpretalions File
Brenl Wilson, Planner ll
Town of Vail Application Requiremenls
May 2, 2000
The following is a synopsis cf the Town's signature requirements for applications
involving jointly owned property.
The Town has always required signatures Jrom all affected parties whenever
applications involving common property have been involved. This includes
ccndominium or homeowners associalions. Effeclive May 2,2000 the Department of
Community Deveiopment made the determination that this policy includes jointly owned
"C parcels" on duplex properties. We will no longer accept any applications involving
joinlly owned property without aulhorization from all owners, nor do we have the
authority to take aclion on property wilhout the appropriale consent. This policy is a
direct result of numerous dilemmas (Hughes-Tuchman, Walker-McKibben, Ferry-
Repetti) where the town's aulhority to act upon applications without appropriale consenl
has been questioned. Be advised this policy will not affect duplexes where a common
parcel has nol been established.
$ *orc*o ru"o
JUN-27-Et6 t l,4St FROM' rO1,-COM-DE\'-DEPI,
A ACTION,.DECISION BE$iG\?V
tD ,9',l@4792582 PAGE 3,/4
nrrO Y-aqe {--wq - t 4aa )aq,A-
Fau- r3ao\t- (a
"*--ta- qoz3
APPEALS FOR}I
REQUIRED FOR FILING AN APPEAL OF A STAFR DESIGN REVIEW BOARD OR
PLAI{NING AI{D EN\1ROI$TEI{TAL CONINIISSION ACTION
ou:Je{) avcr$er\dzY
B.
C,
DATE OF ACTION,DECISION :fbD Goe
NAME OF BOARD OR PERSON RENDERING TIiE DECISIONTAI{NG ACTION;
Boe.*sr t-.Qt t6o]J
NAME oF A''ELLANT(' r, ?x\ u-' t-e<>{zY --
}LAILbIG ADDRESS:
, flO
ptrsrcAl ADDRE'' rNvA* loor Ercrs Klg" ?irl*r,---.--.___
/
LEGAL DEscRrp'oN oF A''ELLANT's pRoFERTY IN vA L' LoT &.r,v A
+,,SIGNATURE(S):
Page 1 ofZ
rtrN- 27 - oo 11.43 FRoM ' rou-cfDEV-DEPT.tD s7@413r2 PAGE
F.
p:iY
DoEs rlis appeal involve a r-pccific parccl of land? ?<S if -res. picase provide the following information:
are you rn adjceot prop€rty ormer? Yes
-
no - X.
If no. givra detailed e<planation of hon'you are u "aggriwed or adversely affecred pemon," '?ggriesed or
advr:rscly affixtcd pcrson" tnsans auy pcrscn tvho ,r'ill suficr in adversc effect to an int€rest protected or
furtlered by rhis ti$e, Thc alleged adv€se interest mry be shared in coranon witb othcr mcnrbcrs of the
commir:mity at larya but shall excecd rn degrce thr geocral rot€rcs rn communilv gpod sharEd b,v a[ perso$s-
CA <U. r-l;luwrro A}J ti'\.-.-
tc4|f\o
PEO l<ur. L^E
u)e
2@
€ Nou vl
Provide thc namc* and ad&*ses (both persotr's mailing ad&css and proprrty's physical ad&ess b Vail of alt
cwners of propeny which arc the subjea cf thc agpeal and all adjacurt properry owrurs iincluding propcrties
saanted by a rigtf+f-way, $carn or otler intcrrmtng bariers). AJso provide ad&essed and staurped cnvelopes for '
each property owner on the list
On separate dreets oi Feer, specii'thc precisc rasre cf the appeal. Plcasc cite specific code sections having
rclcvancc b the a*ion being appealed.
FEE: 50.00
la.-\
RU\Casw
OqO tPe r-
lJ.
H.
Page 2 of?
F.Does this appeal involve a specific parcel of land? Ur43
If yes. please provide the fbllowing inibrmation:
nox
Ifno, give a detailed explanation of how you are an "aggneved or adversely atfected penon." "Aggrieved or
ariversely affected penon" means any penon rvho wiil sufer an adverse effect to an interest protected or
fiuthered by tlis title. The alleged adverse interesr rnay be shared in conunon with other members of the
commmity at largq but shall exceed in degree the general interest in community gooti shared by all persons.
llJ< &.<,LAeg< -T&x ouA.- &p?t_,tce<\pJ
/ 6 6T\t.(-/ 6 c4\U € F)ZrrM rfl-\€ o{2,\AIJ./€ LJ
LEA€L.
6Ja64Y
*r<SuBr+ v<Y€D
^JA^J SPtrLrce
Provide the names and addresses (both person's mailing address and property's physicai address in Vail) ofall
owners of property which are the subject of the appeal and all adjacent properry owners (including properties
separated by a right-oiway, stream, or other intervening barriers). Also provide addressed and. stamped envelopes for
each property owner on the list.
On separate shcets of paper. specif the precise nature of the appeal. Please cite specific code sections having
relwance to tle action being appealed.
FEE: $0.00
are you an adjacent property owneri' Yes
-_
C.eCD
c.
H.
1611& Sovt€l:Fc,Z[+.e-r
Page 2 of2
O ApprovedAugust't4,2000
PLANNING AND ENVIRONMENTAL COMMISSION
July 24, 2000
Minutes
MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT:
Galen Aasland Diane Golden Russ Forrest
Chas Bernhardl Brian Doyon George Ruther
John Schofield Brent Wilson
Doug Cahill Tom Moorhead
Tom Weber
pubtic Hearinq 2:00 p.m.
Galen Aasland called the meeting to order at 2:00 p.rn.
1. An appeal of a stalf decision, regarding the mmpleteness of an application submitted to the
Department of Community Development, for property localed at 1001 Eagles Nest Circle/Lot 1,
Block 6, Vail Village 7'n Filing.
Applicant: Kaye Ferry, represented by RKD, Inc.Planner: Brenl Wilson
Galen Aasland stated that if there was anyone that thought he had a conflict with this application, he
would recuse himself.
Art Abplanalp said that Ms. Rutherford requested that Galen recuse himself.
Tom Weber recused himself because of a conflibt.
Brent Wilson gave an overview of the staff memo and noted a correction in the stafi memo on page 2,
that the 1 "' bulleted item should reference Section 12-1 1 -4(CX2Xd).
John Schofield stated that the code interpretation had been in effect for 10-12 years.
Tom Moorhead stated that there was nol a change in code, but in application of policy and that the
ruling was consistent.
John Schofield mentioned that the staff interpretation came into etfect around lhe time of the Hughes/
Tuchman issue about 5 years ago and said he would like the plat submitted for the record, since the
application didn't show that.
Chas Bernhardt asked if the applicant had anything to add.
Sally Brainerd, the Architect for Kaye Ferry, stated the 1999 original application did not require having
joint owners both sign and this applicalion did require two signalures. She then handed out that section
of the code that Brent was relerring to. She said she highlighted the part "applicable lo design review
and final review, " that we never applied for, was highlighted. She said no where did it say anything
aboul voiding a DRB application.
Brent Wilson explained the Design Review process and staled that if the applicant didn't comply with
the requirements for continuing through the process, the application becomes void.
Planning and Environmental Commission
Minutes
July 24, 2000
Approved August 14, 2000
Sallv Brainerd said it d a renewal was needed for
Brent Wilson said he wasn't going lo argue lhe semanlics of the code section, since this was clearly a
new application.
Sally Brainerd explained that the applicant just submitted a new cover page with the new architect and
new phone number information. She then said an application for a variance before the Town Council
was denied.
Brent Wilson stated lhat the old application was for a different project including an EHU. He said the
DRB could not acl on that application, since they did not have the authority 10 approve a variance that
had been denied by both the PEC and Town Council. The DRB could not legally act upon the original
application and it became void. That is why a new DRB application was submitted by the applicant's
representative in June of 2000 and a new fee was paid to the Town.
Chas Bernhard said, for the record, that the PEC had agreed not to discuss this at all during the
orientation pre-meeling.
Wendell Porterfield, Kaye Ferry's attorney, said they were nol here lo approve what's been built. He
said that the question was whether lhis interpretation should be entered into at this stage. He felt this
should be handled by ordinance and not by a staff interpretation. He stated that this change should
have been done in the form of an ordinance, since the rules were diflerent when the application was
submitted. He said this was forcing people lo resolve disputes before they bring them belore the Town.
He said, though, that this was a separale matter and didn't relate to whal an applicant had to do to get
an application in and therefore, was not fair to do this in the middle of the process. He stated that lt
shouldn't be left to interpretation, as it was a matter of significance.
Doug Cahill asked staff to explain it.
Brent Wilson explained that the issue was not specifically spelled out in the code, but since it wasn'l
expressly stated in the code, il was placed into the staff interpretations in order to maintain a fair and
consistent application of the policy.
John Schofield said it was not a change in philosophy but in enforcement, to always be consistenl.
Chas Bernhardt asked for any public comments.
Susan Rutherford stated she was the co-owner of Parcel C and was not consulted by Ms. Ferry when
ready to improve her side of the duplex. She stated that all she wanted was a certainty and knowledge
of what was going on with her property and lhal was the very basis for the two-signature requirement.
She stated that this policy should be upheld.
Art Abplanalp, Susan Rutherford's attorney, explained that Parcel C was for the enlire lot and
mentioned that it was a pleasure for him to support the staff this time. He said that this interpretation
had been in place for 21/z years, as previously not having the interpretation had created unnecessary
staff work in looking at private agreemenls. He explained that when you have joinl owners, or an agent
of the owner, it meant that everybody who was going to be affected on the property was represented.
He said the issue was whether the staff's interpretalion was correct. He said the two-year atlempt to
give llexibility was an aberration and that this was a perfect illustration of the applicant not knowing what
she wanted. He stated that almost a year ago, the PEC denied the application for a variance. He said
thal around lhe 1"r ol July he looked at the plans submitted. He then handed out to the PEC the plans
that the PEC approved for a garage and now there was no garage when Ms. Rutherford looked al the
plans at 2pm lhis afternoon. He stated that the Town had a reason for asking for a signature.
Tom Moorhead asked if this was a new application.
Planning and Environmental Commission
Minutes
Julv 24. 2000
O
idn't state
I
changes.
O Aooroved Auousr 14.2000
Art Abplanalp said this was clearly a new application that was submitted months after the Town returned
to its original interpretation of the code.
Wendell Porterfield said we were here because of the staff interpretation and how the process should
be handled by the Town. He said the code stated the owner of the project, not the owner of lhe
property. He said both owners should sign, but the way the code was written didn't say that. He then
said that due to the very fact that that there were conflicting policies, it should be handled by the Town
Council.
Chas Bernhardt asked for any more public inpul.
Doug Cahill said we may have to rewrite the ordinance in the future to follow proper lawyer etiqueile, but
the intent is to have both owners up fronl on a project. He said certain things must be accomplished
before a project can move forward, as the PEC is looking at the projects, not at the disputes. He said
he was ln agreement with the statf and would stand by the staff decision.
John Schofield asked, lor lhe record, to look al lhal plal. He asked Tom Moorhead if any signature
would constitute a power of atlorney.
Tom Moorhead said a property owner and agency could have either an oral, handshake, or something
as lormal as a Power of Attorney. He said with real estate, it needed to be in writing according to the
statute of frauds and at the closing, the agency would need to be the power of attomey.
John Schofield said that mosl of the applications are by agents.
Tom Moorhead said we depend upon a good relationship between the architect and the owner, but with
property owners from around the world, it becomes unreasonable. He said to become more user
friendly, we encourage somelhing other than a Power of Attorney. He read 12-7-7 trom the Town Code
regarding signature requirements. He said this staff interpretation was identical to the Town's policy on
condominium associations for all practical purposes.
John Scholield asked for a copy ol the plans showing the building on parcel C. He said this
Commission and the Town have encouraged improvements, bul we have to protect the owners and the
PEC was not a party to the party wall agreement. He said he would definitely subscribe to the
underslanding thal this was a new application, and lhere was no doubt in his mind that there was a fairly
lengthy time lapse, so a new application was generated. He said the request for two signatures was a
reasonable request and that this interpretation is what we are going to have to live with. He said wilh
faxes, the Town should require all owners' signatures, even if affected owners are from all over the
world.
Chas Bernhard said he supported the Commissioners and agreed that this followed the intent of the
law.
John Schofield made a motion to uphold the statf decision based on lhe findings that:
1. The staff decision is consislent with the provisions of Seclion 12-'11-4, Vail Town Code
(Material to be Submitted; Procedure) and Town of Vail Zoning Code Inlerpretation #33.
The application requiremenis have not been met in full by the applicantiappellant.
2. Staff's decision was not an "ex posl facto" application of the code since the design review
application was submitted 41 days after the formal zoning interpretation was drafted.
Doug Cahill seconded the motion.
Planning and Environmental Commission
Minutes
July 24, 2000
O O APProvedAusustl4'2ooo
The motion passed by a vote of 3-0, wilh Tom Weber and Galen recusing themselves.
2. A requesl for a sign variance, from Seclion 1 1-48-19 (BX ), to allow for a third business
identification signl located at 458 Vail Valley Drive (Laikspur Restaurant)/Tract F, Vail Village Sth
Filing.
Applicant: Larkspur Restaurant & BarPlanner: Brent Wilson
Brent Wilson gave an overview of the staff memo.
Galen Aasland asked, after a site visit, if there were any other properties with similar frontage and
pedestrian frontages.
Brent Wilson said the Landmark Building in Lionshead received a similar variance because the PEC
determined the building has multiple frontages.
Galen Aasland asked if there was any applicant comment.
Nancy Sweeney, said she was the applicanl for the Larkspur Restauranl.
John Schofield asked if she was representing the Market and the Reslaurant.
Nancy Sweeney explained the designated parking on the north lot with photos, as seen driving down
Vail Valley Drive. She said the existing sign on the back faced the Children's ski school and was not
legible from lhe bus and lhe traffic down Vail Valley Drive wasn't aware that there was any food service
open for business.
Galen Aasland asked about the two separate business licenses. He asked aboul two signs for each
business or potentially, four different signs.
Brenl Wilson explained that each business was licensed separately and that the code allows one sign
per business per frontage, with a maximum of two signs per business.
Nancy Sweeney said she would like it to say Larkspur Restaurant .
Brenl Wilson asked the PEC to make a determination on the number of frontages for each business.
Galen Aasland asked for a staff interpretation.
Brent Wilson said, under the code, this was a separate business and the market could get one
additional sign per frontage.
Galen Aasland said lel's address the issue on the number of frontages.
Brent Wilson read the code for multi-tenant business signs.
Galen Aasland asked if lhere was any public comment.
Doug Cahill said he agreed that there were two frontages per business.
Nancy Sweeney said there were three frontages.
Doug Cahill said each business had two lrontages.
John Schofield said there were two, not three frontages, in that you were doing all of the parking off of
one side supported the two frontages. He said technically there were three signs, if the bustop sign
constituted a sign.
Planning and Environmental Commission 4
Minutes
July 24,2000
NG AND ENVIRONMENTAL
MEETING RESULTS
Monday, July 24, 2000
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm
r Discussion with Town Council
o GR Training Session - Non-Conforming Uses /Lots/Structures :30 min.
o
COMMISSION
MEMBERS PRESENT
Galen Aasland
Chas Bernhardt
o
PLANNI
MEMBERS ABSENT
Diane Golden
Brian Doyon
John Schofield
Tom Weber
Doug Cahill
Site Visits :
1. Larkspur Reslaurant-458 Vail Valley Drive
Driver: Brent
1:15 pm
NOTE: ll the PEC hearing extends until 6:00 p.m., the board will break for dinner lrom 6:00 - 6:30 p.m.
Public Hearino - Town Council Chambers 2:00 p.m.
1.An appeal of a staff decision, regarding the completeness of an application submitted to the
Department of Community Development, for property located at 1001 Eagles Nest Circle/Lot 1 ,
Block 6, Vail Village 7' Filing.
Applicant: Kaye Ferry, represented by RKD, Inc.Planner: Brent Wilson
MOTION: John Schofield SECOND: Doug Cahill VOTE:3-0 (Tom and Galen recused)
UPHELD STAFF DECISION BASED ON THE FINDINGS THAT:
1. The staff decision is consistent with the provisions of Section 12-11-4, Vail Town Code
(Material to be Submitted; Procedure\ and Town of Vail Zoning Code Interpretation #33.
The application requirements have not been met in full by lhe applicanUappellant.
2. Staff's decision was not an "ex post facto" application of the code since the design review
application was submitted 41 days after the formal zoning interpretalion was drafted.
A request for a sign variance, from Section 11-48-19 (B)(4), to allow for a third business
identification sign, located at 458 Vail Valley Drive (Larkspur Restaurant)/Tract F, Vail Village 5t
2.
o
TIIIS ITEM MAY AFFECT YOUR PROPERTY
PUBLICNOTICE
NOTICE IS IIEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in
accordance with Section 12-3-3 of the Town of Vaii Code on Tuesday, August 22il rt l:00 p.m. in the
Town of Vail Municipal Building, located at 75 South Frontage Road. In consideration of:
ITEI\zVTOPIC:
An appeal of a Planning and Environmental Commission/staff decision regarding the requirement for a
joint owner's sigtrature on a development application submitted to the Department of Community
Development, for property located at 1001 Eagle's Nest Circle/Lot 1, Block 6, Vail Village 7'Filing.
Applicant: Kathleen Ferry, represented by RKD Architects
ACTTON REQUESTED OF VArL TOWN COUNCIL:
Uphold, Uphold with modifications, or Overhrm the Planning and Environmental Commission'dstaffdecision.
BACKGROUND RATIONALE:
On June 27,2000, the Department of Community Development rejected an application for design review
approval from the appellant since it proposed development on ajointly owned piece ofproperly and the
joint owner's signature did not appear on the application. Pursuant to Section l2-3-3(A), Vail Town Code,
the applicant has filed an appeal.
The application and information about the proposal is available for public inspection, during regular
business hours, in the Community Development Departrnent, located at the Town of Vail Community
Development Departrnent, 75 South Frontage Road. For additional information, contact Brent Wilson,
town planner at (9'10) 479-2140.
TOWNOFVAIj,
APPEALS FORM
REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR
PLANNING AIID ENVIRONMENTAL COMMISSION ACTION
A.ACTION/DECISION BEING APPEALED:
l-4€€rvr,fB.
C.
DATE OF ACTION/DECISION:
NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKU{G ACTION:
MAILINGADDRESS:
PLa*l rtrrJc" Zossusarrrr]
D.NAME OF APPELLANT(S):
\W"l A>a&s J<'": C'tzo,E
o,r,Lo-r l. Bt-,b ,
PHYsIcAL ADDRESs IN vAIL. €Ei- ]2.-
E.SIGNATURE(S):
PHONE:
'S PROPERTY IN V
Page I of2
fficDJUL3L2000
F.Does tiis appeal involve a specific parcel of land? laS If yes, please provide the following information:
are you an adjacent property owner? Yes
-
no X-
Ifno, give a detailed explanation ofhow you are an "aggrieved or adversely afifected penon." "Aggriwed or
adversely affected person" means any penon who will suffer an adverse effect to an interest protected or
furthered by ttris title. The alleged adverse interest may be shared in common with other members of the
community at large, but shall exceed in degree the general interest in community good shared by all porsons.
L^J€ K<Q\gJ€,ouP- AepUGo\A
6 6T\UL/ ,e c41,U€YV4t A o(lu-ttt t---
* ugMW{e\_/ LP }uLry Larqot r t^lA<^J I\\€P?o\ecr .-^oo< P<uret ueti Btr -rrre
G.
I{
&,Pr l-.LEVEC.
Provide the names and addresses (both person's maiting address and property's physical address in Vail) ofall
owners of property which are the subject ofthe appeal and'all adjacent property owners (including properties
separated by a right-of-way, stream, or other intervening banios). Also provide addressed and stamped envelopes for
each property owner on the list.
On separate shcets of paper. speciff the precise nabue of the appeal. Please cite specific code sections having
relevance to the action being appealed.
FEE: $0.00
SuBr+ rtYo e pPLrcs
&.Sov\C lprcB-l'4sr
Page2 of2
I
TOWN OF VAIL
Department of C ommunity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
F/lX 970-479-2452
www.ci.vail.co.us
Qtea
July 27,2000
Tom Weber
RKD Architects
1000 Lionsridge Loop, Suite 3-D
Vail, CO 81657
He: 1001 Eagle's Nest Circle / Lot 1, Block 6, Vail Village 7 Filing
Dear Tom:
This letler will serve as confirmation that the Town of Vail Planning and Environmental
Commission (PEC) upheld staff's decision to reject the above-referenced application for
design review approval upon appeal at its July 24th meeting. Pursuant to town code, you
have lhe right to appeal this decision to the Vail Town Council within ten (10) days of the
PEC action.
lf you would like to discuss this matter in greater detail, please do not hesilale to contact
me ar (970) 479-2140.
Sincerely,
E,-.4a-.-'
Brent Wilson, AICP
Planner ll
{S*n** ro
O
PLANNING
o
COMMISSION %*,AND ENVIRONMENTAL
MEETING RESULTS
Monday, July 24, 2000
PROJECT ORIENTATION / - Community Development Dept.
r Discussion with Town Council
r GR Training Session - Non-Conforming Uses iLots/Structures :30 min.
MEMBERS PRESENT
Galen Aasland
Chas Bemhardt
Driver:
KQH
PUBLIC WELCOME 12:00 pm
MEMBERS ABSENT
Diane Golden
Brian Doyon
John Schofield
Tom Weber
Doug Cahill
Site Visits :
1. Larkspur Reslaurant - 458 Vail Valley Drive
1:15 pm
Brenl
NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6.00 - 6:30 p.m.
Public Hearinq - Town Council Chambers 2:00 p.m.
1. An appeal of a staff decision, regarding the completeness of an application submitted to the
Departmenl of Community Development, for property located at 1001 Eagles Nest Circle/Lot 1,
Block 6, Vail Village 7'n Filing.
Applicant: Kaye Ferry, represented by RKD, Inc.Planner: Brent Wilson
MOTION: John Schofield SECOND: Douo Cahill VOTE:3-O (Tom and Galen recused)
UPHELD STAFF DECISION BASED ON THE FINDINGS THAT:
1. The staff decision is consistent with the provisions of Section 12-11-4, Vail Town Code
(Mateial to be Submifted; Procedurc) and Town of Vail Zoning Code Interpretation #33.
The application requirements have not been met in full by the applicant/appellant.
2. Siaffs decision was not an "ex post facto" application of the code since the design review
application was submitted 41 days after the formal zoning interpretation was drafted.
2. A requesl for a sign variance, from Section 11-48-19 (B)(4), to allow for a third business
identification sign, located at 458 Vail Valley Drive lLaif3pur Resiaurant)/Tract F, Vail Village 5th
Filing.
l'1., 7\.
/.\
''t. J
,t,\' Applicant:
,, i I Planner:
a
Larkspur Restaurant & Bar
Brent Wilson
".11."
TABLED UNTIL AUGUST 14, 2OOO
3. A request for a variance from Section 12-6F-6 (Setbacks), to allow for a garage addition, located
at 4718 Meadow Drive/Tract B, Bighom Townhomes Subdivision.
Applicant: Bill Bemardo, represented by Gwathmey Pratt SchulEPlanner: Allison Ochs
WITHDRAWN
4. A request for a conditional use permit, to add a Type ll Employee Housing Unit to an existing
primary unit, located at 375 Foresl Road/Lot 3, Block 2, Vail Village 3'd Filing.
Applicant: Greg Vickers, represented by Gwathmey Pratt SchultzPlanner: Allison Ochs
WITHDRAWN
5. Information Update
{ PEC Ordinance Update
SELECTION OF PEC REPRESENTATIVE AT DRB FOR 2OOO-
Doug Cahill - Jan-Apr. 5,'00
Chas Bemhardt - Apr 19, '00
Galen Aasland
Brian Doyon
No Rep
Tom Weber
John Schofield
Chas Bernhardt Jul 19,'00
- May 3, '00- May 17, '00- Jun 7, '00- Jun 21,'00- Jul 5, '00
Doug Cahill
Tom Weber
Galen Aasland
John Schofield
- Aug 2, '00- Aug 16,'00- Sep 6, '00- Sep 20, '00- Oct-Dec'00
6. Approval of July 10, 2000 minutes.
The applications and information about the proposals are available for public inspection during regular
office hours in the project planner's office located at the Town of Vail Community Development
Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation avaitable upon request with 24 hour notfication. Please call 479-2356, Telephone for the Hearing
lmpaired, for information.
Community Development Department
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Departmenl of Community Development
July 24,2000
An appeal of a staff decision regarding the requirement for a joint owner's
signature on a development application submitted to the Department of
Community Development, for property located at 1001 Eagle's Nest
Circle/Lot 1, Block 6, Vail Village 7'n Filing.
Applicant: KayeFerry, represented by RKD, lnc.
Planner: Brent Wilson
BACKGROUND
The Town has always required signatures from all affected parties whenever
applications involving common properly have been involved. This includes
condominium or homeowners associations. Effective May 2,2000 the Department of
Community Development made a formal determination that this policy must include
jointly owned "C parcels" on duplex properties. We do nol accept any applications
involving jointly owned property without authorization from all owners, nor do we have
the authority to take action on property without the appropriate consent. This policy is a
direct result of numerous dilemmas (Hughes-Tuchman, Walker-McKibben, Ferry-
Hepetti) where the town's authority to act upon applications without appropriate consent
has been questioned. This policy will not affect duplexes where a common parcel has
not been established. The Town has enforced this policy on a number of previous
applications, including the McKibben-Walker design review applicalion.
Reasonino for the Requirement of Joint Owners' Sionatures - The primary reason
behind this requiremenl involves legal issues of due process and equal protection.
Without this requirement in place, one owner (with a 50% interest in the property) could
potentially utilize all development potential for jointly owned property for their sole benefit
wilhout the knowledge or consent of the other 507" owner. The Vail Town Code does
not have any notice provisions for adjacent neighbors (with no ownership interest) on
design review applications. However, stalf believes the joint owner signature
requirement is necessary to meet the minimum due process and equal protection
standards for notification of individuals with an ownership interesl in an affected piece of
property. This is the same reason why proof ol consenl has been required from
condominium and homeowner associations for decades. History has shown that without
this requirement in place, Town staff and boards typically take on the role of arbitrator in
privale property disputes. This results in a great expenditure of time and resources to
cover issues that are of little or no relevance 10 lhe general public or town government.
\'
II. DESCRIPTION OF THE REOUEST
Historv of the subiect application - On June 27,2000, the Departmenl of Community
Developmenl rejected an application for design review approval from the appellant since
it proposed development on a jointly owned piece of property and the joint owner's
signature did nol appear on the application. Pursuant lo Section 12-3-3(A), Vail Town
Code, the applicant has filed an appeal. The appellant's statement of the nature of the
appeal is attached. The appellant asserts the application was originally submitted on
July 14, 1999 and lhat the new application is a revision to the original submittal and,
therefore, it should not be subject to a requirement formalized on May 2d of this year.
, q' The following is a timeline of the design review applicalion process for lhe subjecl
\ \ Property:
. June 28. 1999 - the appellant submitted a design review application (and
appropriate fees) for a "250 GRFA addition and Type ll EHU." This application
involved the construction of a caretaker unil and a two-car garage. lt was
conceptually reviewed by the Design Review Board (DRB) bn July 21, 1999. The
application for the associaled site coverage variance and conditional use permit for
the Type ll EHU were denied by the PEC on July 26, 1999 and again by the Town
Council on November 2, 1999. Therefore, the applicant could not proceed with the o t J\
DRB application and it became void. Pursuant to Section 12-11-4\P), Vail Town lr,' ll ' t - ?t4l
Code, a design review application becomes void unless: 1) the DRB takes action on
the submittal within 30 days of conceplual review; or 2) the applicant requests a lime
extension from the DRB. The applicant never returned to the DRB with lhe previous
submittal and no time extension was ever requested. Therefore, lhe previous design
review application became void in 1999.
. June 12, 2000 - the appellant submitted a new design review application (and
appropriate design review fees) for an "addition and remodel of existing duplex."
This application involves the addition of GRFA to the existing unit and no longer
includes a garage space or a carelaker unit. Updated plans (due to the PEC and
Town Council denials of an associated site coverage variance) were received on
June 26th.
. June 27. 2000 - the Department of Community Development notified the appellant
that the new application was incomplete and would not be accepted due to the lack
of signatures from the property owners as required.
III. STAFF RECOMMENDATION
The Department of Community Development recommends that the Planning and
Environmenlal Commission uphold the staff decision regarding the requirement for a
joint owners'signature on an applicalion submitted to the Department of Community
Development, for property located at 1001 Eagle's Nest Circle/Lol 1 , Block 6, Vail Village
7'n; subject to the following lindings;
1. The staff decision is consistent with the provisions of Section 12-11-4,
Vail Town Code (Material to be Submifted; Procedurel and Town of Vail
Zoning Code Interpretation #33 (attached). The application requiremenls
have nol been met in full by the applicant/appellant.
|il.
2. Staff's decision was not an "ex post facto" application of lhe code since
the design review application was submitled 41 days after the formal
zoning interpretation was drafted.
REVIEWING BOARD ROLES - APPEAL
Planning and Environmental Commission:
ACTION: The PEC shall make a motion to uphold, uphold wilh modifications, or
overturn the staff decision, based on specific findings of facl.
Town Council:
ACTION: Actions of DRB or PEC maybe appealed to the Town Council or by the
Town Council. The Town Council evaluales whether or nol the PEC or
DRB erred with its motion and can uphold, uphold with modifications, or
overturn the board's decision.
ITEMS FOR DISCUSSION/EVALUATION
1. Was the application pending at the time of the zoning code inlerpretation
(May 2,2000) or was it submitted alter the drafting of the interpretation?
Staff resoonse - A new application was submitted on June 12,2000 and a new
submittal fee was paid on that date. The "pending" status of the 1999 application
did not become an issue until after the new application was rejected by the
Department of Communily Development. The Town of Vail requires a new
application when previous applications are denied, that is why the applicant's
representative submitted a new applicalion and fee on June 12'n.
Did town staff apply the submittal requirements in a consistenl manner
with other applications and in accordance with the provisions of the Vail
Town Code?
Staff resoonse - All DRB applications are subject to the requirements of Section
12-11-4, Vail Town Code (Material to be Submitted; Procedure) and the Town of
Vail Zoning Code Interpretations and this is not the first application to be rejected
due to a lack of joint property owners' approval. Staff believes the treatment of
this application in a manner inconsistent wilh Zoning Code Interpretation #33
would be a granl of special privilege.
Was the design review application incomplete when submitted?
Staff response - Section 12-11-4, Vail Town Code details the specific
requiremenls for application submittal and it incorporates the Town of Vail's
Application for Design Review Approval by reference. One of the specific
application requirements is the name/signature of the property owner(s). The
application submitted contains a signature by Sally Brainerd (representative of
Kaye Ferry) but no signature, reference or representation is given for the other
affected property owner. Therefore, staff concludes the application is materially
incomolete as submitted.
tv.
2.
3.
iilii,,iring Stal'l :rr'i 7i-1 i zit
,'D
NLC\ T
l
TOWN OFVAIL
APPLICATION FOR DESIGN REVIEW AP4
??ffi --ol 3 g
I
ALV
t-It r lq^
rcccivc Dcsign Rcvicrv approval prioi to subnritting for a buildirrg pcrntit. For specific infomlation. sce thc subnittal
rcquircrlclti tbr thc particular approval tlrat is rcqucstcd. Thc application cannot bc acceptcd until all thc requircd
irrlornratiop is subrlittcd. Thc projcct rnay also nccd to bc rcviovcri by thc Torvn Council an<Vor thc Planning and
Envirorrurcntal Cotrrlrission. Dcsign Rcviqv Board approval cxpircs onc ycar aftcr final approval unlcss a
building pclnrit is issucd and constt'ttction is startcd.
CENEML INFOR\,IATION
Tlis applicatiorr is fbr any projcct rcquiring Dcsigrr Rcvicrv approval. Any projcct rcquiring dcsigt nrust
DESCRIPTION OF THE REQUEST:A g=A'o
ci.
D.
E.
ti
PARCEL #:
ZONING:
LOCATION OF PROPOSAL: LOT:BLocK: 6 o,a^o' 1'J'-' VV
pHysrcAl ADDRESS: | oo1 E>{e. Ne;? Gtr I o .-
\J
(Contact Eagtc !o. Asscsson Officc at 970-328-8640 for parccl #)
NAME OF OWNER(S):
IVIAILINC ADDRESS:
V)-,PHoNE: *lt ' tf.z+
O\\'NER(S) SIGNATU RE(S):
NAME OI? AI'PLICANT:
MAILINC ADDI{ESS:
PHONE:
TYPE OF REVIEW AND FEE:
-fl Nerv Construction - 5200 Construction o1'a ncrv building.
XAUaitinn - $50 Lrcludcs any adrlition rvhcrc squarc footagc is addcd to any rcsidcntial or
/ \ corntncrcial building.
E h{inor Altcration - $20 lncludcs niinor changcs to buildings and sitc irnprovcmcnts. such as,
rcroofing. painting. rvirtdorv additions. landscaping, fcnccs and rctaining
lvalls. ctc.
DRII fccs arc to be paid at thc tinrc ofsubnrittal. Latcr. rvhcn applying for a building pennit, pleasc identiff
thc accuratc valuation of thc project. Thc Torvn of Vail rvili adjust thc fce accordirrg to the projcct valuation'
PLEASE SUB|VIIT THIS APPLICATTON, ALL SUBIIIITTAL REQUIREMENTS AND THE FEE TO THE
DEPARTI\{ENT OF COiVIMUNITY DEVELOPIVIENT. T5 SOUTH FRONTAGE ROAD'
VAIL, COLORADO 8I657,
Questions'/ cail rfhnni rrr^{ri^[o$::{r
-
APPLICATION FOR DESIGN RIIVIEW AtsPROVr\L
A 4IJ . a"O FA'{- 'bd4- A a +1 b -Qo?-4
GENERAL INFORMATION
This application is lbr any projcct requiring Design Rcvierv approval. Any project rcquiring design review must
receive Design f{eview approval prior to submitting for a building permit. For specific inlbrmation, sce thc subrnirtal
requircnrerrLs for thc particular approval that is.requested. The application cannot bo acccptcd until all the requireri
inibrmation is submitted. Thc l,roject may also necd to be rcvicwcd by thc Town Llouncil and/or the l'lauuriug atrri
Envirolrmental Conrmission. Dcsign Review Board approval cxpircs ortc ycxr after final approval unlcss :r
building permit is issued and l:onstruction is startcd.
A.
TOWNOFYNL
DESCRIPTION OF I'TIE REQT]EST:
Il
PHYSICAL ADDRESS:
c. .d.,- PARCEL #;
ZONINLi:
(L'o-ntact Eaglc Co. Asscssors Office at 970-328-8640 for parccl #)
r_r
E.NAJVIE OF OWNER(S):
IVIAILINC ADD
kF
\J.
H.
NA]VIE OF APPLICANT:
owNER(S) STGNAI'URE(S):
MAILINGADDRESS:
E Minor Alteration - $20
rrr.roNE: 'llll -4zz.h
TYPE OF REVIEW AND FEE:
Construction of a ncw building.
Includcs any addition where square lbotagc is addcd to any rcsiderrhal or
comrnercial building.
Itrclrrdcs tninor changes to buildings aud sitc improvements, such as,
rcrooting. painting, rvindow additions, landscaping. fbrrccs artd retaining
n,l[-Uivlc'onstruction-- $200
$s0
walis, etc.
DRB tbes are to bc paid at the time o1 subrnittai. Later. whcn applying for a buildilg pcnnit, pleme itient;ty
the accurate valuation of thc project. The Town of Vail wili adjust the t'ee according to the projcct valuatron.
PLEASE SUBLIT TIIIS AppLICATTON, ALL SUBivilTTAL REQUTREI\IENTSAND TtIE I'-EE TO',lIIE
DOPARTNIENT OF COIIIJ\{UN ITY DEVELO PNIBNT. 75 SO UTI,I IiITON -IAGE ROAD.
VAIL, COLORADO 81657.
IFl
ijl,,,rning Statiat .i il-1i2.'t
,r_- l:LC,,
(
APPLICATION FOR DBSIGN REVIEW AP8B'OVAL I
TOWN OF VAIL ?,"n --ot, t(( lrr lo)
CENERAL INFORMATION
This applicatiorr is lbr any projcct rcquiring Dcsign Rcvicrv approval. Any projcct rcquiring dcsigt must
rcccivc Dcsign Rcvicrv approval prioi to subnritting for a build.ing pcrnrit. For specific infomration' scc thc subruittal
rcquircltcnts- for thc particular approval that is rcqucsted. Thc applicatiotr cannot bc acceptcd until all the requircd
i^fbrrlatiol is subnrittcd. Thc piojcct nray also nccd to bc rcvicrvcd by thc Torvn Council and/or thc Planning and
Envirorr rrrcrrtal C-onrnrissiorr. Dcsign Revi$v Board approval expircs onc year aftcr final approval unlcss a
building pcrnrit is issued and construction is started.
DESCRIPTION OF THE REQUEST:kfrt(Ttro
B,
t..
n
E.
F.
C.
LOCATTON OF PROPOSAI' iot, I BLOCK: 6 o'ttt6' -1*-" vV
pr{ySlCAL ADDRESS: lw1 E>tlos Ne;l QNr r o --o
(Contact Eagtc Co. Asscssors Oftlce at 970-328-8640 for parccl #)
NAMIr OF OWNER(S):
MAILINC ADDRESS:Vf
PARCEL #:
ZONING:
O\\'NER(S) SIGNATURE(S):
PHONE: z)''-l,o - vrza-
NAME OF APPLICANT: 44-
MAILINC ADDRESS:
PHONE:
TYPE OF REVIEW AND FEE:
-O Ncrv Construction - $200 Constnrctiotr of a nerv building.
X.tUAirinn - $50 lnctudcs any atldition rvhcrc squarc footagc is addcd to any rcsidcntial or
/ \ cornrncrcial building.
D i\{inor Altcration - $20 Includcs nrinor changcs to buildings and sitc improvcnrcnls. such as,
rcroofing. painting. wittdorv additions. landscaping, fcnccs and rctaining
walls. ctc.
DRB fccs arc to bc paid at thc tintc o{ submittal. Latcr. rvhcn applying for a building pemrit. plcasc identiff
thc accuratc valuation ofthc project. ThcTorvn of Vail rvill adjust thc t-cc according to thc project valuation.
PLEASE SUBIVIIT THIS APPLICATTON, ALL SUBIVIITI'AL REQUIREMENTS AND THE FEE TO THE
. DEpARrr\rENr oF colvlMuNlrY.?TrE;.fiit"tlr;# souTrl FRoNrAGE ROAD.
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Department of Community D evelopment
75 South Frontage Road
Vail, Colora"do 81657
970-479-2 t 38
FAX 970-479-2452
June 15,2000
Tom Weber
RKD Architects
'1000 Lionsridge Loop, Suite 3-D
Vail. CO 81657
Re: Town of Vail Application Requirements
Dear Tom:
Per your request, I am providing a synopsis of the Town's signature requirements for
applicalions involving jointly owned property.
The Town has always required signatures from all affected parties whenever
applications involving common property have been involved. This includes
condominium or homeowners associations. Effective May 2,2000 the Department of
Community Development made the determination that this policy includes jointly owned
"C parcels" on duplex properties. We will no longer accept any applications involving
jointly owned property withoul authorizalion from all owners, nor do we have the
authority 1o take action on property without the appropriate consent. This policy is a
direct result of numerous dilemmas (Hughes-Tuchman, Walker-McKibben, Ferry-
Repetti) where the town's authority to act upon applications without appropriale consent
has been questioned. Be advised this policy will not affect duplexes where a common
parcel has not been established.
lf you would like 1o discuss this matter in greater detail, please do not hesitate to contact
me ar (970) 479-2140.
Sincerely,
E,r*t'- 4/d<-
Brent Wilson
Planner ll
{p *"no"o " '"*
TO:
FROM:
DATE:
SUBJECT:
MEMORANbUM
Vail Town Council
Department of Community Development
June 13, 2000
An appeal of the Planning and Environmental Commission's denial of a
request for a variance from Section 12-6C-9, Town of Vail Code, to allow
for Two-family Primary/Secondary Residential site coverage in excess of
20o/o ol lot area, located at 1007 Eagle's Nest Circle / Lot 1, Block 6, Vail
Village Filing 7.
Appellant: Kaye Feny, represented by RKD ArchitectsPlanner: Brent \Mlson
I. BACKGROUND AND DESCRIPTION OF THE REQUEST
The appellant, Kathleen Ferry, went before the Town of Vail Planning and Environmental
Commission (PEC) on May 8' to request a variance from Section 12-6C-9, Town of Vail Code
in conjunction with a proposed residential addition at the above-referenced property. This
request was for development of the lot with a site coverage of 22.2o/o of lot area (applicable
zoning allows a maximum site coverage of 2O%). The Planning and Environmental Commission
held that there are no physical hardships or unique characteristics on the property that warrant a
deviation from the zoning regulations and that approval of this variance request would constitute
a grant of special privilege. The PEC voted unanimously (Aasland abstaining) to deny the
request. A similar request was denied by the PEC and Vail Town Council (on appeal) in 1999.
The appellant's representative has expressed lhe reasoning for the variance request under
Exhibit A (attached).
The appellant is proposing an addition to the southeast portion of the residence and the addition
of a two-car garage and office space to the north of the existing unit. The appellant's unit
(co.nstructed in the late 1960's) currently has no formally designated off-street parking. On June
24"' ol last year, staff granted the appellant an approval for a temporary unpaved off-street
parking area. Ms. Ferry's unit is currently required to provide three on-site parking spaces but
there is no requirement that any of these spaces be enclosed.
213 square feet of site coverage is currently available on site (enough forone 11'x 19'garage
space) and the appellant is proposing to construct a 477 square foot two-car garage and
additional second-level office space (totaling 487 square feet of site coverage).
Available site coverage under code provisions = 213 square feet
Minimum one-car garage size (9' x 18') = 162 square feet
Site coverage proposed for addition and two-car garage = 487 square feet
II. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town Council
uphold the Planning and Environmental Commission's denial of the appellant's site
coverage variance request subject to the following findings:
1. That the granting of the site coverage variance will constitute a grant of
special privilege inconsistent with the limitations on other properties
classified in the PrimaryiSecondary Residential Zone District.
2. There are no exceptions or extraordinary circumstances or conditions
applicable to this site that do not apply generally to other properties in the
Primary/Secondary Residential Zone District.
3. That the strict interprelation or enforcement of the specified regulation
does not deprive the appellant of privileges enjoyed by the owners of
other properties in the Primary/Secondary Residential Zone District.
III. STANDING OF APPELLANT
The appellant has standing to file an appeal as the owner of the subject property.
IV. ZONING AND SITE STAT]STIGS
Zoning District Primary/Secondary Residential District
Lot Size: 15,942 square feet (.366 acres)
Minimum Required Lot Size: 15,000 square feet
Standard Allowed/Required Prooosed
Site Coverage 3,188 sq. ft- (20o/o) 3,537 sq. ft. (22.2%l
Setbacks
Front (Ferry) 20 ft. 20 ft. (per ILC)Side 1 5 ft. 13.3 fL'* (per ILC) / 26 ft.
Front (Repetti) 20 ft. no change
Parking (Ferry) 3 spaces 3 spaces
* Includes a credit of 250 square feet for the Ferry Residence.** Existing setback encroachment
V. CRITERIA AND FINDINGS - SITE COVERAGE VARIANCE
Consideration of Factors Reoardinq the Site Coveraoe Variance:
The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff believes the proposed garage is excessive and deviates from the
zone district regulations more than is reasonable or necessary. There is
no requirement for enclosed parking on this site - it is simply an amenity
requested by the appellant. With the major structural changes proposed
in conjunction with this project, staff believes some of the proposed GRFA
could be reduced to accommodate a larger garage. Additionally, the
transfer of existing basement GRFA to a new exterior addition above the
proposed garage further exacerbates the site coverage non-conformity.
Staff believes any hardship created with this proposal is self-imposed.
There is enough site coverage available to the appellant to construct a
modest garage (or a large garage with some reductions in GRFA).
The proposed residential addition impacts a number of mature trees on
the property which serve as a buffer to adjacent properties. At their July
21, 1999 meeting, the Town's Design Review Board gave the appellant
direction to preserve the mature trees and to pursue parking opiions on
olher portions of the site. Staff believes this request for additional site
coverage further expands impacts on existing vegetation.
The degree to which relief from the strict and literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the objectives of this title without a grant of special
privilege.
Staff believes an approval of the requested site coverage variance would
result in a grant of special privilege. Variance requests for garage
additions on adjacent properties have been denied in the past. Staff
believes there are no unlque circumstances, nor any extraordinary
conditions (such as wetlands/water features, excessive slopes, etc.)
which impact the appellant's lot. The maximum site coverage allowed on
the appellant's lot is 20%. All required off-street parking could be
provided on the site without a variance - including a one-car garage.
Since this neighborhood was subdivided in the 1960's under Eagle
County jurisdiction, 68% of all lots in this area are non-conforming with
regard to lot size. However, all structures built in this neighborhood since
the adoption of zoning regulations are in compliance with site coverage
provisions. The two exceptions (Lots 1 & 3, Vail Village Filing 8) were
constructed prior to the adoption of zoning regulations on non-conforming
lots (lots less than 15,000 sf). The appellant's lot is conforming (with a lot
size of 15,942 sf).
A site coverage variance request for Lot 3 (the appellant's neighbor) was
denied on 912297. In their denial of this request, the PEC stated "the
1.
2.
granting of a site coverage vaiiance at this location would constitute a
grant of special privilege." The following table summarizes site coverage
allocations for the appellant's lot and 24 other properties within the
adjacent subdivisions.
Table 4.1 - Site Coverage Allocations for adjacent properties
Lots /isted in bold type indicate deviations from site coverage regulations.
"data not available" indicates sfrucfures built prior to planning/zoning regulation.
Lot Block Subdivision Site Goverage Site Coverage Variances / Lot Size
1 6 VailVillage Filing 7 22.2o/o*current Ferry variance request / conforming lot
(15,942 sf)
Tract
c
VailVillage Filing 7 't7.80%none / conforming lot (19,602 sf)
z-6 VailVillaqe Filins 7 19.20o/o none / conforming lot (19,480 sf)
5 b VailVillage Filing 7 data not
available
none / non-conforming lot (14,087 sf)
4 o VailVillage Filing 7 19.90%none / non-conforming lot (1 1,717 sf)
5 o Vail Village Filing 7 12.60%none / non-conforming lot (11,986 sf)
o 6 VailVillage Filing 7 data not
available
none / conforming lot (17,425 sf)
b VailVillage Filing 7 19.60%none / non-conforming lot (11,962 sf)
8 o VailVillage Filing 7 19.60%none / non-conforming lot (11,962 sf
:,o VailVillage Filing 7 datia not
available
none / non-conforming lot (13,622 sf)
10 o VailVillage Filing 7 data not
available
none / non-conforming lot (13,530 sfl
11 o VailVillage Filing 7 data not
available
none / conforming lot (22,259 st)
12 tr Vail Village Filing 7 15.90%none / conforming lot (16,045 sf
13 o Vail Village Filing 7 13.1lYo none / non-conforming lot (12,824 sf)
14 o VailVillage Filing 7 19.90%none / conforming lot (23,479 sf)
1 1 VailVillage Filing
8
23.70%*yes, pre-existing / non-conforming lot (9,322 sf)
z I VailVillage Filing 8 17Yo none / non-conforming lot (9,808 sf)
3 1 VailVillage Filing
8
21%"pre-existing; add'l site covercge variance
denied (912A971/ non-conforming lot (1 1,535 sf)
4 1 VailVillage Filing 8 19.30%none / non-conforming lot (11,494 s0
6 1 VailVillage Filing 8 18.80%none / non-conforming lot (7,880 sf)
6 1 VailVillage Filing I data not
available
none / non-conforming lot (13,147 sf)
7 1 VailVillage Filing 8 20%none / non-conforming lot (8,969 sf)
I ,|VailVillase Filins 8 19.60%none / non-conforming lot (8,934 s0
q
1 VailVillage Filing 8 data not
available
none / non-conforming lot (10,637 sf)
10 aI VailVillage Filing 8 19.50%none / conforming lot (18,097 sf)
B.
3. The effect of the requested ?ariance on light and air, distribution of
population, transportation and traflic facilities, public facilities and
utilities, and public safety.
Staff does not believe there would be any negative impacts associated
with this proposal, if constructed, on the above-referenced criteria.
The Plannino and Environmental CommissionA/ail Town Council shall make the
followinq findinos before oranting a site coveraoe variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same district.
2. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistentwith the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
would deprive the appellant of privileges enjoyed by the owners of
other properties in the same district.
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Mav 18.2000
APPEAL OF PLAI\NING AIYD ENVIRONMENTAL COMMISSION DECISION
TO DENY A SITE COVERAGE VARIAIYCE AT 1OO7 EAGLES NEST CIRCLE
On May 8, 2000, an application for a site coverage variance at l0O7 Eagles Nest Circle
was denied by the PEC. We ask that the Town Council overnrn the denial, based on the
following information.
1. The variance is needed in order to add a garage to the property, which currently has
no on-site parking. T"I'rc only way to acquire any viable garage space without a
variance is to demolish part of the exis'"ing building. V/e believe that this constitutes a
hardship, and, indeed, this hardship has been cited and accepted in other variance
approvals. ("ln order to prevent or to lessen such practical dfficulties and
unnecessary physical hardships inconsistent with the objectives of this Title as would
result from strict or literal interpretation and enforcement, variances from certain
regulalions may be granted." Section 12-17-l ofthe Zoning Regulations)
2. The building was built before the neighborhood was annexed into the Town of Vail,
and before the Primary/Secondary zone district was overlaid on the property. This is
an important distinction, because the original construction was not undertaken with
knowledge, (or oversight,) of how zoning regulations would restrict future additions.
We believe that this constitutes a hardship, and, indeed, this hardship has been cited
and accepted in other variance approvals. ("A practical dfficulty or unnecessary
hardship may result from the size, shape, or dimensions of a site or the location of
existing structures thereon." Section I2-17-I ofthe Zoning Regilations)
3. The current parking area for this prop..,ty is on the street, on Town property. The
situation is obviously inconvenient, and probably hazardous to neighbors and to
Town employees who patrol and maintain the street (" Before acting on a variance
application, the Planning and Environmental Commission shall consider the
followingfactors. . .: 3. The effect of the requestedvariance on. .. trofrcfacilities,.
. ., andpublic saJbty." Section l2-17-6for the Zoning Regulations.)
4. We acknowledge that having enclosed parking is not a right or a requirement in this
zone district. However, it is our understanding that achieving enclosed parking
instead of surface parking is of value to the community, and that the Town
encourages the construction of garages. Several members of the PEC voiced this
opinion, but their action did not support their words. Please consider that garage
space can only be put at ground level; this variance will not set a precedent for site
coverage variances for other types of space which can be accommodated on the
second and third stories.
5. We want the Town Council to acknowledge the disturbing fact that properties within
the Town ofVail are becoming less desirable, especially to full-time residents, due in
part to PEC decisions such as this. The message this propedy owner received was
"You want a garage? Then move somewhere else."
i./08/2000 fON 11:04 FAI 301 944 70t7 DIGEM C0RP0MTION
May 8,20fl)
Plsnning and Envlronment Gornmlrsion
Town ofVail
75 Soutr Frontage Ro6d
Vail. Colqrado 81657
Re: Request br Varlenca at 1007 Eagles Nest Cirde May 8. 2000 Hearhg
Dear Commissionerc:
I am the orrner of 1031 Eagfes Nest Gbde, the plopefiy adJacent b 1007 Fogles l,lest Cirde. t am
oppos€d b the vaiance rcquesled by tlc applk;ant, l(affrleen Ferfi. I bd H ihe poposed renodion
an<l additftrn of a garage should be compleEd wllhoul cutling douvn the mdJre bees on the Foperty
adjacent b my property and wihalt granthg site corcraEe varlancaa
My reasons for opposing he variance luquesl rcmain F pl\rlourly ttrbd. A cory of my leiEr r€gsrdhg
Me. Fer{s lat nianca rcqued [5 otadled.
I am also opposed to granling a cor$nudon b the Enporaty paking speces wltidr ae err?enty at ltto
end of Iny drit orEy. The parking of lhese vchidca often blocks my drivEilay end b zrn eyeswe h the
ne'Bhborfmd.
I hope u|et tur th6 rEsons sttH above {rd in rry prerrious communicatlong, ancl for lhc r€son8 stated
bythe
Jr n6 rE|8ons $areo aurve {1o In rry prwious @mmunlcgtons, and br lnc
horneown*r on or near E4les Nest Orde, that yru will rqirt thb +pllcation.
your3,
informatbn:
Evan Jmes Td. (3ol)2eseos2
Fo((E l)299{26011013 Ctlpplegete Rmd
Pdom6c. MD20630
@ oozloog
05/08/2000 UON 11:04 FAI 301 7017 DIGENE CORPONATION
October 7, 1999
Planning €nd Environmdlt commission
Torn of Vail
75 South Fronteg€ Road
Vail, Colorado 81.657
Re: Request br Varianco at 1007 Eagles Nest Girde
Dear Commissbners:
I am the owner of 1031 EaglG N€st Circle, the property adjacent b 1007 Eagles Nest Citcle. I am
opposed lo the variance requested by lhe applicant, lGthleen Feny. I feel thst the proposed renodlon
and addltlon of a garage Ghould be completed wilhout cuttlng dovrn the mature trees on he property
adjrcent to rry property and without granting s'rte coverage variances. Consideralions rdated b my
concom6 are highlighted below'
r Ths proposed varisnce would have a signifrcant negative impact on the Eaglee Nest Cirde
community. The proposal eliminales $saniially all of the mature tees buffering rfly propcrty, |ho
1007 Eagles Nest Circle clructrrc, and lhe other homes on Eagles Nest C|rclo. The proposal would
create a large parking lot in what is cunently a greerwpaae and tree buffer behilcen my hoNne and
lhe F€rry rBsidencr.. The prcpo$ed twccar garage ls ucsssiv€. I would support Ms. Ferry buildlng a onffi gragE, if it
w€re completed wlthin th€ fodprint of the existinE slrucfure, wtlh pr€Eetuation of lhe exisling bes
and without impacting the chamcter of th6 op6n green spaae on the lot.. When Ms. Ferry recenty acquired the 1007 Eagle6 N66t Cirde property, she wqrld have be€n
advised of lhe consFsints of buildlng on Eagles Nest Circle. The rights of the property ownsi$ on
Eagl€s N€8t Clrde Bhould not be compromised to allofl variancs that rvould convery p.ivileges b Ms.
Ferry which are not ayailable to other homeolvnerc on Eaglec Nest Circle and whlclr would rrcgatively
afrcilhem.. My proparty has already been impacted by Increasing density around Eagles Nest Circle. Vvhon I
acquired rrry property In 1993. the trad adjacent to 1007 rms own€d by tho Water Company and used
lbr a rvatsr pumping sbtion which had a rnlntmal impaa on the ar€a: I assumed that thls property
would be maintain€d hr lte currcnt use. or @nverted by lh€ torn to additional green space adj*ent
to the Ford Park. The brvn subsaquently sold this property, and nou, thero is a very large home
direc{y in my vleur corrider.r lt is ny underslandlng that lhere is a party wall agr€em€nt which giveo each owner the right to
approve any changes in the other owners half of the Ferry duplex and that the proposed ronoration
has not been so app,rovgd, Should the tourn permil the requested renovation a lawsuil may very likdy
bo brought by he owner of lhe adiacent duplex, however, prior to a r€solution of the lawruit sedqs
damag€ to the prpperly may be dme.
I hope that for the reesons etabd above, and for the reasons stated by the other homeowners on or neqr
Eaglee Nest Cirde, thal you wi[ rject thls application.
yours,
infuination:
Evan Jones
11013 Gipplegale Road
Pobmac, MD 2ffi5/t
@ oorzoot
Tel. (301) 299-9092
Fil(301)29M260
April26, 2000
Mr. Brent Wilson
Department of Community Development
75 South Frontage Road
Vail. CO 81657
Dear \4r. Wilson:
I received notice from the Town of another application for a variance for 1007 Eagles
Nest Circle/Lot I, Block 6, Vail Village 7th Filing. As the owner of a house directly
across the circle at 1042 Eagles Nest Circle, I would hope that the Planning and
Environmental Commission would once again deny the request for a variance.
In a letter to the Commission last October for another iteration of this application, I
expressed my concern about granting a variance to one halfofa duplex; could it not be
anticipated that the owners ofthe other haifofthe duplex would expect equal treatment?
In addition, I am extremely concerned that granting a site coverage variance and the loss
of open space will begin a process that will ultimately change the nature of the current
delicate balance between lot and structure size in our community.
Once again, i am opposed to the granting ofa site coverage variance and hope that the
Planning and Environmental Commission would instead encourage the cunent owner to
make the desired improvements within the existing zoning restrictions. Thank you for
your consideration. Ifyou have any questions, I can be reached during the day at (212)
2i3- I 155 and in the evening at (515) 367-4077.
Cordially,
Daniel de Roulet
v Susan RepettiRutherford O
-:j;'ffi'f"::: ?"i'?' recD MAY 3 o 2o(}o
May l,2000
Town Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: Application of Kaye Ferry - May 8, 2000 hearing
Dear Commissionen:
I am the owner of 1001 Vail Valley Drive (Parcel A), the other half of the duplex owned by Kaye Ferry (Parcel B).
The lot is also divided into a third area known as Parcel C which is jointly owned by both Ms. Ferr-v and myself.
Parcel C consists of the open space around the cunent building. The requested site coverage variance involves
Parcel C though the Ferry application does not indicate this.
For the record, I have told Ms. Ferry that I am not opposed to making permanent, her four temporary parking
spaces that she applied for and received last summer.
I oppose this variance request for the same reason I opposed the last three variance requests. Her most recent
requesl is merely a siightly modilied version ofthe previous site coverage requests that Ms. Ferry has submitted and
that have already been unanimously rejected on three occasions.
In June, 1999, Ms. Ferry submitted plans calling for a 418 square foot site coverage variance but those plans were
rejected and the application was tabled by the PEC at the JuLy 26, 1999 hearing. She then modified her plans but the
modified version still called for a 4l 5 square foot site coverage variance and the modified plans - being reduced by
only 3 square feet -- were again rejected by the PEC on October I t, 1999. Ms. Ferry appealed the PEC's tindings
and the Town Councii upheld the PEC's decision at a hearing on November 2, 1999.
Ms. Ferry's third set of plans curently under consideration, while reducing the square tbotage of tlle variance
requested, still asks for an additional 349 square loot site coverage variance.
In verbal communication with Town planning personnel just last year, I mentioned the possibility ofa 14 square
foot site coverage variance in connection wirh my side of the building. I was informed that such a variance would
not be approved. Consequently, I did not request such a variance.
The PEC committee member's comments fiom the July 26, 1999 and Oct. 1 I , 1999, hearings in connection with
Ms. Ferry's prior requests, still apply today. I quote from the minutes ofthese hearings:
"This is clearly a grant of speciai privilege."
"...still doesn't see how tie house is a hardship, as the other homes in the neighborhood were built in the 60's."
"... this was a grant ofspecial privilege and said the applicant was making it hard for themselves by putting the
garage where it is now."
"... this was a self inflicted hardship."
"... this was a grant ofspecial priviiege, since notling had been presented that the lot had any unique problems or
hardships and the other fwo requests in the last couple ofyears had been denied."
Your PEC committee member's comments sill apply to this liiest version of the site coverage variance. We have
all gone over this before. I ask you to stop the recycling of this same site coverage variance request. This is a waste
of the Tovm's time and money.
In conclusion, it is important for the committee to remember that I run a tenant in corunon with Ms. Ferry of a
portion ofthe properly at issue, specifically Parcel C - the land sunounding the present duplex structure. The site
coverage variance that Ms. Ferry is requesting is on property in which I own a one half undivided interest -yet Ms.
Ferry is continuing to ignore me. I did not co-sign the variance application nor did I give my approval to Ms. Ferry
for these plans. I do not want this 349 square foot site coverage variance to be granted which would result in
overbuilding of the lot.
Thank you once again for your consideration.
Very Truly Yours,
fuwfrMfutul
cc: Mrs, Ann Repetti
Mr. Art Abplanalp
2.
Aoorovals (all on non-conforminq lots)
'1.1748 Siena Trail / Lashovitz Residence (7/97) - Non-conforming lot (10,935 sf)
platted in Eagle County. Building constructed in Eagle County with pre-existing
site coverage non-conformity.
1868 West Gore Creek Drive / Houtsma Residence (8/95) - Non-conforming lot
(4p77 sf) platted in Eagle County. Site coverage reduced to 157o by code due
to steep slopes. Physical hardship identified due to configuration of structure on
steep slope. Variance granted to allow for 16.6% site coverage.
2576 Davos Trail / Ricci Residence (2/95) - Non-conforming lot (11,242 sf)
platted and built in Eagle County with a preexisting site coverage non-
conformity.
2942 Bellflower Drive / Dean-Roush Residence (7/93) - Non-conforming lot
(10,629 sf) platted and constructed in Eagle County. Physicalhardship identified
due to layout of parcel and extremely steep topography.
2409 Chamonix / Tavlor Residence (5/93) - Non-conforming lot (8,921 sf) platted
in Eagle County. Physical hardship identified due to steep topography.
'1886 West Gore Creek Drive / Mumma Residence (2/93) - Non-conforming lot
(10,159 sf) platted in Eagle County. Physical hardship identified due to steep
slopes.
Denials
1. 742 Sandv Lane / Camoisi Residence (9/96) - Conforming lot. Denied due to
lack of presence of physical hardship.
2. 756 Potato Patch Drive / Bemdt Residence (11198) - Conforming lot. Although
this lot was steep and site coverage was restricted to'l5o/o, the variance was
denied due to an "excessive deviation" from the code.
3. 1045 Homestake Circle / Gilberq Residence (9/97) -Denied due to lack of
physical hardship or extraordinary circumstances.
4. 1001 Eaqle's Nest Circle / Ferrv Residence (10/99) - Denied due to lack of
physical hardship or extraordinary circumstances.
3,
4.
5.
6.
3.
4.
5.
6.
Aoprovals (all on non-conforminq lots)
1.1748 Siena Trail / Lashovitz Residence (7/97) - Non-conforming lot (10,935 s0
platted in Eagle County. Building constructed in Eagle County with pre-existing
site coverage non-conformity.
1868 West Gore Creek Drive / Houtsma Residence (8/95) - Non-conforming lot
(10,977 sf) platted in Eagle County. Site coverage reduced to 15% by code due
to steep slopes. Physical hardship identified due to configuration of structure on
steep slope. Variance granted to allow lor 16.6% site coverage.
2576 Davos Trail / Ricci Residence (2/95) - Non-conforming lot (11,242 sf)
platted and built in Eagle County with a pre-existing site coverage non-
conformity.
2942 Bellflower Drive / Dean-Roush Residence (7/93)- Non-cpnforming lot
(10,629 sf) platted and constructed in Eagle County. Physical hardship identified
due to layout of parcel and extremely steep topography.
2409 Chamonix / Taylor Residence (5/93) - Non-conforming lot (8,921 sf) platted
in Eagle County. Physical hardship identified due to steep topography.
1886 West Gore Creek Drive / Mumma Residence (293) - Non-conforming lot
(10,159 sf) platted in Eagle County. Physical hardship identified due to steep
slopes.
Denials
1- 742 Sandv Lane / Camoisi Residence (9/96) - Conforming lot. Denied due to
lack of presence of physical hardship,
2. 756 Potato Patch Drive i Berndt Residence (11/98) - Conforming lot. Although
this lot was steep and site coverage was restricted to 15%, the variance was
denied due to an "excessive deviation" from the code.
3. 1045 Homestake Circle / Gilberq Residence (9/97) -Denied due to lack of
physical hardship or extraordinary circumstances.
4. 1001 Eaqle's Nest Circle / Ferrv Residence (10/99) - Denied due to lack of
physical hardship or extraordinary circumstances.
IHIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in
accordance with Section 12-3-3 of the Town of Vail Code on Tuesday, June 13th at 2:00 p.m. in the
Town of Vail Municipal Building, located at 75 South Frontage Road. In consideration of:
ITEI\d/TOPIC:
An appeal of the Town of Vail Planning and Environmental Commission's (PEC) denial of a request for
a variance from Section l2-6C-9, Town of Vail Code, to allow for two-family primary/secondary
residential site coverage in excess of 20% of lot area" located at I 007 Eagle's Nest Circle / Lot I , Block
6, Vail Village Filing 7.
Applicant: Kathleen Ferry, represented by RKD Architects
ACTION REQUESTED OF VAIL TOWN COUNCIL: Uphold, Uphold with modifications, or Overtum
the Planning and Environmental Commission's decision.
BACKGROUND RATIONALE: The appellant, Kathleen Ferry, went before the Town of Vail Planning
and Environmental Commission on May 8th, 2000 to request a variance from Section l2-6C-9, Town of
Vail Code in conjunction with a proposed residential addition at the above-referenced property. This
request was for development of the lot with a site coverage of 22.2o/o of lot area (applicable zoning
allows a maximum site coverage of 20o/o). The Planning and Environmental Commission held that
approval of the variance would constitute a grant of special privilege and voted unanimously (Aasland
abstaining) to deny the request.
The application and information about the proposal is available for public inspection, during regular
business hours, in the Community Development Deparfinent, located at the Town of Vail Community
Development Department, 75 South Frontage Road. For additional information, contact Brent Wilson,
town planner at (970) 479-2140.
TOWN OFYATI
GENERAL I.TFORMATION
This application is for any poject requiring Design Rcview approval. Any project requiring dcsigt review must
receive Dasign (eview approval prior to submitting for a building pcrmit. For specific infbrmation, see the submiital
requirenrorLs for thc frarticular approval that is requested- The applicatiou cannot be acceptcd until ail the require,i
intbrrration is submittcd The project may also need to be rcviewcd by thc Town Council and/or thc Pl:nning anr'
Environmental Commission. Dcsign Review Board approval expires one ycar after final approval unlcss a
building permit is issued and construction is started.
A. DESCRIPTION OF TT{E REQUEST:
euestions? *Planning rr^K*L-Kr{
APPLICATION FOR DESIGN REVIEW APPROVAL
avJ.a,$ tai., k(/P aa ?-to -qo?b
B.
c.
D.
E.
G.
H.
.|:
iI
PTrySICAL ADDRESS:
PARCEL #:
NAME OF OWNER(S):
MAILINGADDRESS:
PHONE:
&.owNER(S) STGNATURE(S) :
NAME OFAPPLICAT.IT:
MAILINGADDRESS:4ta-fzzb - _
TYPE OFREVIEWAND FEE:
Construction of a ncw building
Includcs any addition where square footagc is added to any rcsideutial or
corunercial building.
hrcludss minor changes to buildings zurd sitc improvements. such as,
rcrooting. painting, window additions, landscaping. t-cnccs aud retaining
walls, etc.
DRB fees are to be paid at the time of submittal. Latcr. whcn applying for a building pcnnit, plcase jdcnl;fy
the accurate valuation of thc project. The Town of Vail will adjust ttre 1'ee according to the projcct valuatron.
, , 1,... ;f..
PLEASE SUBMTT THIS APPLICTTTION, ALL SUBMTTTAL REQUIREMENTS AND TTIE FEE TO'I IIE
DEPARTMBNT OF COIVIMUNITY DEVELOPNIBNT, 75 SOUT}I I.-RONTAGE ROAD.
,',VAIL. COLORADO 81657.
(Coltact Eagle Co. Assessors Office at 970-328-8640 for parccl #)
tr,lffiffimfrio-f- $200- $s0
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LIST OF PROPOSED M.A'TERIALS
TYPE OF MATERIAL:
Ctaau'slwLt
COLOR:t
l4vtdt-
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lxr' tl L UAcLf
9lv,cco
T'ublz ,. rtA'a'n'
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+ Please speci$,thc. qanufacturer's color. number and attach a srnall color chip
**AtlextcriorlightingnustmectthcTown'sLightingOrdinanccl8.54.050(J). Ifexteriorlightingisproposed,
plcasc indicate"$.e nunlbet offixturcs and locations on a separate lighting plan. Identi$ each fixhre type and provide
thc height aboy"r*:,., lurncns output, luminous arca and attach a cut shect of the lighting fixhres.
I
tl
t
1 lpdnrerl 6/0?
5.
6.
7.
SOLID COPPER OR STAINLESS STEEL
POST SUPPORT.
HEAVY CAST BRONZE, NICKEL ON BRONZE
OR VERDE ON BRONZE BASE.
SEALED. WATER-TIGHT LAMF
COMPARTMENT.
A. U.L. LISTED FOR WET LOCATIONS.
INSTALLATION NOTES:
THE LUMINAIRES CAN BE:
tI] INSTALLED ON A CONCRETE PAD US]NG
ANCHOR SPIKE KIT #33 WITH POWER
SUPPLIED THROUGH CONDUIT STUBS;
HALOGEN LUMINAIRES REQUIRE:
tI] A I2V SUPPLY TO LAMP FROM A REMOTE
TRANSFORMER_TEKA #3OO OR SUPPLIED
BY OTHERS;
OR MAY BE:
t21 POWERED WITH AN INTEGRAL ELEC-
TRONIC TRANSFORMER #I2O WHICH IS
FACTORY MOUNTED INSIDE THE FIXTURE
POST FOR I2OV TO I2V SUPPLY.
TEKA 3
Sco N aes
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7 3t4"
I
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BEACON WAI.L MOUNT
DESCRIPTION...EXTERIOR WALL MOUNTED
LUMINAIRE FOR 75 W, PAR 30. LAMP WITH
FIXED STEM.
LAMP...75 W, PAR 30
VOLTAGE...IzOV
MATERIALS...BRONZE CAST CAP WITFI COPPER
sHADE, STEM AND CANOPY WITH STAiNLESS
STEEL LOUVERS AND FASTENERS.
PRODUCT NUMBER...
BWM-2146: BRONZE AND COPPER WITH
COPPER PLATED LOUVERS.
BWM-2118: BRONZE AND COPPER WITH
STAINLESS STEEL LOUVERS'.
BWM-2166: NICKEL PLATE WITH STAlNl..i SS
STEEL LOUVERS.
MOUNT|NG...RECESSEO 3 l/2" OR 4"
OCTAGONAL WIRING BOX.
U,L, LISTED FOR WET LOCATIONS.
s2
FAX (aO5) 434-3512 (, rEKA 6/96TEKA ILLUMINATION A5 GIBSON RD. SUITE 3 TEMPLETON. CA 93465 (8O5) 434-35I I
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IHIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS I{EREBY GMN that the Town Council of the Town of Vail will hold a public hearing in
accordance with Section 12-3-3 of the Town of Vail Code on Tuesday, June 13th at 2:00 p.m. in the
Town of Vail Municipal Building, located at 75 South Frontage Road. In consideration of:
ITEMITOPIC:
An appeal of the Town of Vail Planning and Environmental Commission's @EC) denial of a request for
a variance from Section l2-6C-9, Town of Vail Code, to allow for two-family primary/secondary
residential site coverage in excess of 20o/o of lot area, located at 1007 Eagle's Nest Circle / Lot I, Block
6, Vail Village Filing 7.
Applicant: Kathleen Ferry, represented by RKD Architects
ACTION REQUESTED OF VAIL TOWN COUNCIL: Uphold, Uphold with modifications, or Overtum
the Planning and Environmental Commission's decision.
BACKGROUND RATIONALE: The appellant, Kathleen Ferry, went before the Town of Vail Planning
and Environmental Commission on May 8th, 2000 to request a variance from Section l2-6C-9, Town of
Vail Code in conjunction with a proposed residential addition at the above-referenced property. This
request was for development of the lot with a site coverage of 22.2% of lot area (applicable zoning
allows a maximum site coverage of 20%). The Planning and Environmental Commission held that
approval ofthe variance would constitute a grant ofspecial privilege and voted unanimously (Aasland
abstaining) to deny the request.
The application and information about the proposal is available for public inspection, during regular
business hours, in the Community Development Department, located at the Town of Vail Community
Development Department, 75 South Frontage Road. For additional information, contact Brent Wilson,
town planner at (970) 479-2140.
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TI{IS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN thal lhe Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on July 24,2000, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideralion of:
A request for a conditional use permit, to add a Type ll Employee Housing Unit to an existing
primary unit, localed at 375 Forest Road/Lot 3, Block 2, Vail Village 3' Filing.
Applicant: Greg Vickers, represented by Gwathmey Pratt SchultzPlanner: Allison Ochs
An appeal of a staff decision regarding the requirement for a joint owners'signature on an
application submitted to the Department of Community Development, for property located at
1001 Eagle's Nest Circle/Lot 1 , Block 6, Vail Village 7'n Filing.
Applicant: Kaye Ferry, represented by RKD, Inc.Planner: Brent Wilson
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner=s otfice, located at the Town of Vail Community
Development Department, 75 South Frontage Road. The public is invited to attend project orientation
and site visits which precede the public hearing in the Town of Vail Community Development
Department. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired,lor information.
Community Development Department
Published July 7, 2000 in the Vail Trail.
.t[rA. n'y'*
{u, ,'' ,
t r(til" 'l lrltP,y'\ ' -.t. ) ,,Y
I Town of Vail
Dlttment of Community Development
75 S. Frontage Road
Vail, CO 81657
T
Name:n.ceiptr'ro. 51395
Date (9t tz-, d6Address:
Project:
checks payable to the TOWN OF VAIL
Account No.Item No.Code #Cost Each Total
001 0000 314 1110 lzoning and Addres Maps $5.00
9e1'9-
1&2
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Torn of VaiI
rTT CUST(I}fR RECEIPT TTT
DflTE: 6113/05 ll ECEIPI: 9099985
DESCRIPTI(}IT
DESIGI REUIEU FE
RKo, Illc
TEilDER I}ETRILct( e00B
DAIE: 6/13/09
TOTfl. CHEC(
AII(IUHT TEITI}ERED
qfi ffiotfil Tp TllI t50.F9 rDR CK
:odes
f58.08
IIIIE: l0:97:38
t50.s
t58.00
T}ffiII( YllU Fffi Y(]IJR PNYEilI!
oot oooO 315 3000 leuiEingnnvestigaton Fee
\-Et $50.95
$60.65
aa $36.00
\,EI $3s.00
$35.60
UE $36.00
CB $42.60
$9.95
$10.00
$12.75
CB
BF $7.00
XC $0.25
MS $40.00
MS
PN
PF
OH
SP $20 00
SP
L,l(5c-1. r,ro
PN
001 0000 240 3300 Oeveloper lmpr(ryement Aoreement Deposrt D2-DEPI 0 AD
001 0000 312 1000 Restaurant License fee ffOV)RL
001 0000 230 2000 Spec. Assess.-Restaurant Fee to Co.Dept.Rev.SA
'001 0000 201 1000 Taxable @ 4.5% (State) - Tax payable lr
.001 0000 3101100 Taxable @ 4.0% (Town) - Retail Sales Tax w
OtheriMisc. -MS
001 0000 311 2500 PEC APPUCATION FEES
001 0000 3112500 Addihonal GRFA - "250"PV $200.00
001 0000 311 2500 Conditional Use Permit PV $200.00
001 0000 3112500 Exterior Alteration - Less than 100 sq. fi.PV I $200.00
001 0000 311 2500 Exterior Alteration - More than 100 sq. fi.PV r $500.00
001 0000 311 2500 Special Development District - NEW PV $1,500.00
001 0000 311 2500 Special Development District - Maior Amend PV $1,000.00
001 0000 3112500 Special Development District - Minor Amend PV $200.00
001 0000 311 2500 Subdivision Fees PV
00't 0000 311 2500 Variance PV $250.00
001 0000 311 2500 Zoning Code Amendments PV $250.00
Re-Zoning PV $200.00
001 0000 31s 3100 Greenstar Program
Other -MS
TOTAL:\d.vo
Comments:
Cash _ Money Order #Gheck # 7-pb Received by: le
F:/Everyone/Forms/Sal€sact.exo
16\ L4-/
06/05/2000
RK.D:
DE5IGN-DEVELOPMENI-CONSTRVCNON
1CDO LIONsR IpGE tOOP r sUITE j-D.VAlLoCOr 8'1657
P. 97O.a76.9228. F,97O.476.fr23 t tuA@rkda rch.com
June 9,2000
1007 Eagles Nest Circle
Variance Request
CASE HISTORY SUPPORTING THE APPROVAL OF VARIANCES IN THE
TOWI\ OF VAIL FOR THE PURPOSE OFADDING GARAGES TO EXISTING
BIJILDINGS
The following is a partial list of properties that have received variances for similar
projects in the Town of vail. The staff memo for one of the projects stated, ..staffhas
traditionally supported site coverage variance requests when associated with the
construction of enclosed parking. Staff believes that it is beneficial to the community
to allow individuals to construct garages, as it typicatty improves the appearance of
the site and the surrounding area as a whole." (August 14, l9g5 staf[memo to the
PEC.) The Planning commission clearly agreed with this position, as the fo[owing
decisions demonstrate.
I l"'0 I t'l(/^ | t4,r,' /t.JtZ+g Sienatraiil-z^^-ffi:^F
lor )+ VV,t,.t"'I
1748 Siena Trail - In July, 1997, a site covei
construction ofa garage addition to ar'. existing residence.
ov3d for the
y'rw
lot
\
,p)$r'.r" ina
,/'-\,
r . e. e i 'L.)2576 Davos Trail - In February, 1995, a site coverage variance was granted for the
P t " construction of an enlarged 2-car garage and a small amount of GRFA.
. 'f , rtL!f '
e de I '1' '
e . IWA : A sitlt ii:tbdck vaiiance wasgranted for the- construction ofa detached; 3-car garage for the two lots.
i868 West Gore Creek Drive - In August, lggl,asire coverage ud-.{rfffirca
fbr the construction ofa 2-car garage and entry addition to an existing resif,eoce.1)
{rt
! LB l'L 1.1\+tt.
.. D?.ru li' ,,;. f. \
<Jlg42Benflo*er.- In July, 1993, a site coverage variance
' '-.\
lt 4 42\16, I
t,t/ '-ltt Jf br
-,1\L_____---_.---"
vanance
were granted for the construction ofa 2-car garage.
aqulr/ ,\l; i:4 VDi kl
( 8. 2409 Chamonix - In Ma!, 1993, a site covelage variance was granted for the
construction of a nro-car garage and connection to the existing house. ,-*
N\F./ -
5a^a-j I
EiEe-consrucuon of a z-"- gatu!ffiitffi
setback variances were
granred-forthooonstructionofa'2-yargaage: -" . . - -.-:--::-=:*
Without exception, each of the above proposals cited the existing building as a practical
difficulty and physical hardship, per Section 18.62.060 of the Municipal Code. This list is
the result of only a few hours of research into the community Development records, and
is by no means a complete list of recent variance approvals.
werevanances
il-GRra.
granted for the construction ofa garage addition.
The staff has researched projects where similar site coverage and/or setback variance requests
were made. The results of our research are summarized below:
Campisi Residence, 742 Sandv Lane (September, 1996): At the Campisi Residence, the
applicant requested a site coverage variance ol 1.5% (261.4 sq.ft. of additional site coverage).
The applicant intended to use the additional site coverage to construct a third enclosed parking
space. The PEC denied the variance request finding that no physical hardship or extraordinary
circumstance existed on the property that would warrant the granting of the variance. ln fact,
the PEC found that granting an approval of the site coverage variance request would result in a
grant of special privilege.
Ricci Residence. 2576 Davos Trail ( Februarv. 1995): At the Ricci Residence, the applicant
requested a site coverage variance for 4.7o/o (526.5 sq. ft. of additional site coverage). The
applicant proposed to use the additional site coverage to create an enlarged 2-car garage, as
well as add a small amount of additional GRFA to the existing residence. The PEC approved
the applicant's site coverage variance request.
Dean/Rousch Residence. 2942 Bellflower (Julv 1993):
At the Dean/Rousch residence, the applicants requested a 3.567o site coverage variance (287
square feet), a setback variance (4 feet into a 2O-foot setback), and a wall height variance. The
request for site coverage and wall height variances were approved by the PEC, but the setback
variance for GRFA was denied. lt should be noted that the staff recommended denial of the
variances, but the PEC approved it. The interior dimensions of the garage were 22.5 by 22.5
feet, and the area of the garage calculated for site coverage was 576 square feet.
Tavlor Residence. 2409 Chamonix Road (Mav 1993):
At the Taylor residence, the applicant requested and was granted a site coverage variance for
1.3o/o (122 square feet) in order to conslruct a garage and building connection on the property.
The allowed site coverage on this lot was 20o/o. The applicant was also granted a variance to
construct the garage in the front setback (the average slope on this lot did not exceed 30%).
The approved interior dimensions of the two-car garage were 21 feet by 20 feet, for a total
interior area of 420 square feet. The garage contributed 462 square feet toward site coverage.
Mumma Residence. 1886 West Gore Creek Drive (Februarv 1993):
At the Mumma residence, the applicant requested and was granted a 1% site coverage
variance in order to construct a garage addition on a lot that exceeds 30% average slope. The
1% overage on site coverage amounted to approximately 99 square feet. The interior
dimensions of the approved garage measure 20 feet by 20 feet, for a total interior area of 400
square feet. The garage contributed 442 square feet toward site coverage.
Smail Residence. 4238 Nuqqet Lane (September 1992):
At the Smail residence, the applicant requested and was granted side and front setback
variances in order to construct a garage and GRFA addition. The interior dimensions of the
D ESIGN-DEVELOPMENT-CONSTRVCTION
lOOO LION5RID6E LOOP.5UITE 3-D.VAlL.CO. 81657
P, 97O.L7 6 972A. F :97O.17 6.n23.ftd@rkdarch.com
May 18,2000
1007 Eagles Nest Circle
Variance Request
APPEAL OF PLANNING AND ENVIRONMENTAL COMMISSION DECISION
TO DENY A SITE COVERAGE VARIANCE AT 1OO7 EAGLES NEST CIRCLE
On May 8, 2000, an application for a site coverage variance at 1007 Eagles Nest Circle
was denied by the PEC. We ask that the Town Council overtum the denial, based on the
following i nformation.
l. The variance is needed in order to add a garage to the property, which currently has
no on-site parking. The only way to acquire any viable garage space without a
variance is to demolish part of the existing building. We believe that this constitutes a
hardship, and, indeed, this hardship has been cited and accepted in other variance
approvals. ("In order to prevent or to lessen such practical dfficulties and
unnecessary physical hardships inconsistent with the objectives of this Title as would
resultfrom strict or literal interpretation and enforcement, variancesfrom certain
regulations may be granted." Section I2-17-I ofthe Zoning Regulations)
2. The building was built before the neighborhood was annexed into the Town of Vail,
and before the Primary/Secondary zone district was overlaid on the property. This is
an important distinction, because the original construction was not undertaken with
knowledge, (or oversight,) of how zoning regulations would restrict futwe additions.
we believe that this constitutes a hardship, and, indeed, this hardship has been cited
and accepted in other variance approvals. ("A practical dfficulty or unnecessary
hardship may resultfrom the size, shape, or dimensions of a site or the location of
existing structures thereon." Section I2-17-l ofthe Zoning Regulations)
3. The cunent parking area for this property is on the steet, on Town property. The
situation is obviously inconvenient, and probably hazardous to neighbors and to
Town employees who patrol and maintain the street (" Before acting on a variance
application, the Planning and Envirot:mental commission shall consider the
followingfactors. . .: 3. The effect of t,rc requestedvariance on. . . trfficfacilities,.
. ., and public safety." Section I2-17-6for the Zoning Regutations.)
4.We acknowledge that having enclosed parking is not a right or a requirement in this
zone district. However, it is our understanding that achieving enclosed parking
instead of surface parking is of value to the community, and that the Town
encourages the construction of garages. Several members of the PEC voiced this
opiniorl but their action did not support their words. Please consider that garage
space can onlybe put at ground level; this variance will not set a precedent for site
coverage variances for other types ofspace which can be accommodated on the
second and third stories.
We want the Town Council to acknowledge the disturbing fact that properties within
tlie Town of Vail are becoming less desirable, especially to full-time residents, due in
part to PEC decisions such as this.
f.
AND ENVIRONMENTAL
PUBLIC MEETING SCHEDULE I
Monday, May 8, 2000
MEETING RESULTS
Proiect orientation / PEc LUNGH - communiw D,evelopment Department
o
coMMrssroN
MEMBERS PRESENT
Galen Aasland
Chas Bernhardt
John Schofield
Diane Golden
Brian Doyon
Doug Cahill
Site Visits :
o
PLANNING
a'\_ ,'!Lt
-(,, \-a-'-t'
11:30 p.q{
MEMBERS ABSENT
12:30 p.m.
1. Reeman/Randall - 2865 Snowberry Drive2. Community Garden - 2450 S. Frontage Rd.3. Ferry- 1007 Eagles Nest Circle4. Whitewater Park- Gore Creek Promenade
George
KOH
NOTE: lf the PEC hearing oxtends until 6:00 p.m., the board willbreak for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Chambers 2:00 p.m.
1 . A request for a side setback variance from Section 12-6D-6 of the Town Code and a site
coverage variance from Section 12-6D-9 of the Town Code, to allow for a residential
addition within setbacks and in excess oJ allowable site coverage, located at 1007 Eagles
Nest Circle/Lot 1, Block 6, Vail Village ln Filing.
Applicant: Kaye Ferry, represented by RKD, Inc.Planner: Brent Wilson
MOTION: John Schofield SECOND: Brian Doyon VOTE: 5-0 (Aasland recused)
APPROVED - SIDE SETBACK VARIANCE
MOTION: John Schofield SECOND: Brian Doyon VOTE: 5-0 (Aasland recused)
DENIED - SITE COVERAGE VARIANCE
2. A request for a front setback variance from Section 12-6D-6 of the Town Code, to allow
for an additon, located at 2865 Snowberry DriveiLot 2, Block g, A resub of Lots 2 & 3 B,
Vail lntermountain.
Applicant: Clive Reeman and Louise Randall, represented by Railton McEvoy
ArchitectsPlanner: Allison Ochs
MOTION:JohnSchofield SECOND:BrianDoyon VOTE:4-2(BernhardUCahill
opposed)
DENIED
3. A request for a conditional use permit, to eliminate a dwelling unit, located al124 E.
Meadow Drivel/illage Center Condominiums Building Bilot 5E, Vail Village 1"t Filing.
Applicant: Burt NordstrandPlanner: Ann Kjerulf
MOTION: Brian Doyon SECOND: Doug Cahill VOTE:6-0
APPROVED
4. A review of a staff approval of a minor amendment to SDD #2, to allow lor the addition of
common area between Buildings D&E, located at 600 Vail Valley Drive/A part of Tract B,
VailVillage ln fiting.
Applicant: Northwoods, represented by FriElen, Pierce, SmithPlanner: Allison Ochs
MOTION:John Schofield SECOND: Diane Golden VOTE:6-0
APPROVED
5. A request for a height variance (Section 12-7D-6, Town ol Vail Code), to allow for the
addition of dormers and tower elements to an existing roof, located at2211 N. Frontage
Rd. (West Vail Lodge)/Tract C, Vail das Schone #1 ; Lots 1,2 and 3, Vail das Schone f3.
Applicant: Reaut CorporationPlanner Brent Wilson
MOTION:John Schofield SECOND: Chas Bemhardt VOTE:6-0
APPROVED WITH 1 RECOMMENDATION:
1. That the DRB in their linal review look at the dormer and tower elements.
6. A request for a conditional use permit, to allow for the creation of a community garden, to
be located at2450 S. Frontage Road/Unplatted, Vail Intermountain.
Applicant: Town of Vail
Planner: Allison Ochs
MOTION: Brian Doyon SECOND:John Schofield VOTE:5-0 (Bemhardt
recused)
TABLED UNTIL MAY 22.2OOO
7. A final review of proposed modifications to the Gore Creek Flood Plain, located at the
Gore Creek Whitewater Park, Gore Creek Promenadeffracts | & A, Block 58, Vail Village
1"t Filing.
Applicant: Vail Valley Tourism and Convention Bureau & Town of VailPlanner: Brent Wilson
MOTION:JohnSchofield SECOND:ChasBernhardt VOTE:5-1 (Doyonopposed)
APPROVED WITH 2 CONDITIONS:
1. The applicanl will coordinate the timing of construction of the project with the
Colorado Division of Wildlile to ensure trout spawning activities will not be
negatively impacted.2. That proper signage, benches, picnic tables, trash, kayak carriers on bus
transpoftation be addressed.
8. A worksession to discuss a proposed zoning code amendment to Section 12-78-18
(Location of Business Activity), which would allow for mobile information dissemination
within the CCI Zone District on public property.
Applicant: VVTCBPlanner: Allison Ochs
TABLED UNTIL MAY 22,2OOO
9. A request for a variance from Sections 12-6D-9 (Site Coverage), 12-6D-8 (Density) and
12-6D-6 (Setbacks), Town Code, to allow for a garage and residential addition, located at
2955 Bellflower DriveiLot 6, Block 6,Vail Intermountain.
Applicant: Alan & Francine PetersPlanner: Allison Ochs
TABLED UNTIL MAY 22,2OOO
10. Information Update
One two-year term PEC vacancy- (Tom Weber).
1 1. Approval of April 24,2000 minutes.
The applications and infomation about the proposals are available for public inspection during regular otfice hours in the
proiect planners oftice located at the Town ot Vail Community Development Department, 75 South Frontage Road.
Please call 479-2138 for information.
Sign language interpretailon avaihble upon request with 24 hour notificatbn. Please call 479-2356, Telephone for the
Hearing lmpaired, for information.
Community Dwebpment Department
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
May 8, 2000
A request for a side setback variance (Section 12-6D-6, Vail Town Code)
and a site coverage variance (Section 12-6D-9, Vail Town Code), to allow
for a residential addition within setbacks and in excess of allowable site
coverage, located at 1007 Eagles Nest CircleiLot 1, Block 6, Vail Village
7'n Filing.
Applicant Kaye Ferry, represented by RKD, Inc.
Planner: Brent Wilson
I. BACKGROUND AND DESCRIPTION OF THE REOUEST
The applicant, Kathleen Ferry, is requesting a variance to allow for a residential addition with
site coverage in excess (349 square feet) of what is allowed under the Town's Two-Family
Primary/Secondary Residential zoning regulations. The zoning for the above-referenced
property allows a site coverage ol 20% of total site area (3,188 square feet). The applicant is
proposing a site coverage oI 22.2/o of total site area (3,537 square feet). Site coverage
requirements for lots in the Primary/Secondary Residential Zone District are described in
Section 12-6D-9, Town of Vail Code.
The applicant's representative has expressed the reasoning for the variance request under
Exhibit A (attached).
The applicant is proposing an addition to the southeast portion of the residence and the addition
of a two-car garage and office space to the north of the existing unit. The applicant's unit
(constructed in the late 1960's) currently has no lormally designated off-street parking. On June
24n of last year, statf granted the applicant an approval for a temporary unpaved off-street
parking area. Ms. Ferry's unit is currently required to provide three on-site parking spaces but
there is no requirement that any ol these spaces be enclosed.
213 square teet of site coverage is currently available on site (enough for one 1 1' x 19' garage
space) and the applicant is proposing to construct a 477 square foot two-car garage and
additional second-level office space. (totaling 487 square feet of site coverage).
Avaihbb site coverage under code provisions = 213 sguare feet
Minimum one-car garage size (9'x 18') = 162 square feet
Site coverage proposed for addition and two-car garage = 487 sguare feet
On October 11, 1999, the PEC voted unanimously (Doug Cahill absent, Galen Aasland
abstaining) to deny a previous similar request on this property based on the following findings:
1. That the granting of the site coverage variance would constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
Primary/Secondary Residential Zone District.
2. There are no exceptions or extraordinary circumstances or conditions applicableto this site that do not apply generally to other properties in the
Primary/Secondary Residential Zone District.
3. That the strict interpretation or enlorcemenl of the specified regulation does not
deprive the applicant of privileges enjoyed by the owners of other properties in
the Primary/Secondary Residential Zone District.
II. STAFF RECOMMENDATION
The Community Development Department staff recommends that Planning and
Environmenlal Commission deny the applicant's site coverage variance request
subject to the following findings:
1. That the granting of the site coverage variance will constitute a grant of
special privilege inconsistent with the limitations on other properties
classified in the Primary/Secondary Residential Zone District.
2. There are no exceptions or extraordinary circumstances or conditions
applicable to this site hat do not apply generally to other properties in the
Primary/Secondary Residential Zone District.
3. That the strict interpretation or enforcement of the specified regulation
does not deprive the applicant of privileges enjoyed by the owners of
other properties in the Primary/Secondary ResidentialZone District.
The Community Development Department staff recommends that Planning and
Environmental Commission approve the applicant's side setback variance request
subject to the following findings:
1. That the granting of the ariance will not constitute a grant
classified in the Primary/Secondary Residential Zone District.
There are exceptions or extraordinary setback circumstances or
conditions applicable to this site that do not apply generally to other
properties in the Primary/Secondary Residential Zone District.
That the strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the Primary/Secondary Residential Zone District.
2.
3.
The difference between the two staff recommendations is due to the fact that the
setback encroachment is a pre-existing condition while the site coverage variance is
requested due to new construction and not an outstanding site hardship, non-conformity,
or adverse condition.
III. REVIEWING BOARD ROLES. VARIANCE
Order of Review: Generally, applications will be reviewed first by the PEC for impacts of
the proposed variance and then by the DRB for compliance of proposed buildings and
site planning..
Planning and Environmental Commissiong
AGTION: THE PEC lS RESPONSIBLE FOR FINAL APPROVAUDENIAL OF A
VARIANCE.
The PEC is responsible for evaluating a proposal for:
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
2. The degree to which relief from the strict or lileral interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and unilormity of treatment
among sites in the vicinity, or to attain the objectives of this Title without grant of special
privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
4. Such other factors and criteria as the Commission deems applicable to the proposed
variance.
Design Review Boardg
ACTION: THE DRB HAS NO REVIEW AUTHORITY ON A VARIANCE, BUT MUST
REVIEW ANY ACCOMPANYING DRB APPLICATION.
The DRB is responsible tor evaluating the DRB proposalfor:
- Architectural compatibility with other structures, the land and surroundings- Fitting buildings into landscape- Configuration ol building and grading ol a site which respects the topography- RemovaliPreservation of trees and native vegetation- Adequate provision for snow storage on-site- Acceptability ol building materials and colors- Acceptability of roof elemenls, eaves, overhangs, and other building forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory structures- Circulation and access to a site including parking, and site distances- Location and design of satellite dishes- Provision of outdoor lighting- The design ol parks
Staff:
The staff is responsible for ensuring that all submiftal requirements are provided and
plans conlorm to the technical requirements of the Zoning Regulations, The staff also
advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendation on approval, approval with conditions, or denial. Statf also facilitates
the review process.
Town Council:
Actions ol DRB or PEC maybe appealed to the Town Gouncil or by the Town Council.
Town Council evaluates whether or not the PEC or DRB erred with approvals or denials
and can uphold, uphold with modifications, or overtum the board's decision.
tv.ZONING AND SITE STATISTICS
Zoning District:
Lot Size:
Minimum Reouired Lot Size:
Site Coverage
Setbacks
Front (Ferry)
Side
Front (Hepetti)
Parking (Ferry)
Primary/Secondary Residential District
15,942 square feet (.366 acres)
15,000 square feet
Standard Allowed/Required Prooosed
3,188 sq. tl. (207o)
20 ft.
15 ft.
20 ft.
3 spaces
3,537 sq. ft. (22.27o1
20 ft. (per ILC)
13.3 ft.** (per ILC) / 26 ft,
no change
3 spaces
V.
* lncludes a crdit of 250 square feet for the Ferry Residene.
"* Existing setback encroachment
CRITERIA AND FINDINGS-SITE COVERAGE VARIANCE
A.Consideration of Factors Reoardino the Site Coveraoe Variance:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff believes the proposed garage is excessive and deviates from the
zone district regulations more than is reasonable or necessary. There is
no requirement for enclosed parking on this site - it is simply an amenity
requesled by the applicant. With the major structural changes proposed
in conjunction with this projecl, statf believes some of the proposed GRFA
could be reduced to accommodate a larger garage. Additionally, the
transler of existing basement GRFA to a new exterior addition above the
proposed garage further exacerbates the site coverage non-conformity.
Staff believes any hardship created with this proposal is self-imposed.
There is enough site coverage available to the applicant to construct a
modest garage.
z.
The proposed residential addition impacts a number ol mature trees on
the property which serve as a bulfer to adjacent properties. At their July
21, 1999 meeting, the Town's Design Review Board gave the applicant
direction to preserve the mature trees and to pursue parking options on
other portions of the site. Staff believes this request for additional site
coverage further expands impacts on existing vegetation.
The degree to which relief from the strict and literal interpretation
and enforcement of a specified regulation is necessary lo achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the obiectives of this title without a grant of special
privilege.
Staff believes an approval of the requested site coverage variance would
result in a grant of special privilege. Variance requests for garage
additions on adjacenl properties have been denied in the past. Staff
believes there are no unique circumstances, nor any extraordinary
conditions (such as wetlands/water features, excessive slopes, etc.)
which impact lhe applicant's lot. The maximum site coverage allowed on
the applicant's lot is 20%. All required off-street parking could be
orovided on the site wilhout a variance.
Since this neighborhood was subdivided in the 1960's under Eagle
County jurisdiction, 68% of all lots in this area are non-conforming with
regard to lot size. However, all structures built in this neighborhood
(since the adoption of zoning regulations) are in compliance with site
coverage provisions. The two exceptions (Lots 1 & 3, Vail Village Filing
8) were constructed prior to the adoption of zoning regulations on non-
conforming lots (lots less than 15,000 sf). The applicant's lot is
conforming (with a lot size of 15,942 sf).
A site coverage variance request for Lot 3 (the applicant's neighbor) was
denied on 9122197. In their denial of this request, the PEC stated 'the
granting of a site coverage variance at this location would constitute a
grant of special privilege." The following table summarizes site coverage
allocations for the applicant's lot and 24 other properties within the
adjacent subdivisions.
rb
Table 4.1 - Site Coverage Allocations for adjacent propefties
Lots listed in bold type indicate deviations from site coverage regulations.
"data not available" indicates structures buift prior to planning/zoning rqulation.
3. The effect of the requested variance on light and air, distribution of
population, transportation and tratfic facillties, public facilities and
utilities, and public safety.
Staff does not believe there would be any negative impacts associated
with this proposal, if constructed, on the above-referenced criteria.
B. The Planninq and Environmental Commission shall make the followino findinqs
before qrantino a site coveraqe variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same district.
2. That the granting of he variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
6
Lot Block Subdivision Site Coverage Site Coverage Variances / Lot€ilE
1 6 Vail Village Filing 7 22.2/"*current Ferry variance request / conforming lot (15,942 sf)
fract C Vail Village Filing 7 17.9OV"none / conforming lot (19,602 sf)
z 6 Vail Village Filing 7 19.2V/"none / conforming lot (19,480 sf)
3 o Vail Village Filing 7 data not available none / nonconforming lot (14,087 sf)
4 Vail Village Filing 7 19.90o/o none / non-conforming lot (1 1,717 sf)
Vail Village Filing 7 12.60v"none / non-conforming lot (1 1,986 sf)
6 6 Vail Village Filing 7 data not available none / conforming lot (1 7,425 sf)
6 Vail Village Filing 7 19.60%none / non-contorming lot (1 1,962 sf)
8 b Vail Village Filing 7 19.6V/"none / non+onforming lot (11,962 sf)
6 Vail Village Filing 7 data not available none / nonconforming lot (13,622 sf)
10 Vajl Village Filing 7 data not available none / non-conforming lot (13,530 sf)
1 6 Vail Village Filing 7 data not available none / conforming lot (22,259 sf)
12 6 Vail Village Filing 7 15.90%none / conforming lot (16,045 sf)
13 o Vail Village Filing 7 13.'l8/o none / nonconforming lot (12,824 st')
14 o Vail Village Filing 7 19.9ry"none / conforming lot (23,479 sf)
1 1 Vail Vlllage Flling 8 23.70"/"'yes, preexisting / non-conforming lot (9,322 sf)
z 1 Vail Village Filing 8 17%none / non-conforming lot (9,808 s0
3 I Vall Vlllage Filing 8 21V"*preexistfng; add'l site coverage varlance denled (9122194
/ non.conforming lot (11,535 sf)
4 Vail Village Filing 8 19.3Vlo none / non-conforming lot (11,494 s0
I Vail Village Filing I 18.80%none / non-conbrming lot (7,880 s0
6 Vail Village Filing 8 data not available none / non+onforming lot (13,147 s0
1 Vail Village Filing 8 20%none / non{onforming lot (8,969 sfl
o 1 Vail Village Filing 8 19.60%none / non-conforming lot (8,934 sf)
cl Vail Village Filing 8 data not available none / non-conforming lot (10,637 st)
10 I Vail Village Filing 8 19.50%none / conforming lot (18,097 sf)
o
3. That the variance is warranted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specitied
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the speci{ied regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
CRITERIA AND FINDINGS - SETBACK VARIANCE
A. Consideration of Factors Reoardino the Setback Variance:
1. The relationship of the requested variance to other existing or
potentaal uses and structures in the vicinity.
The applicant proposes to add additional gross residential floor area to
the second level of the existing unit. The footprint of the addition would
match the existing firsl-level floor below. since the existing exterior wall
currently encroaches (1.7') into the side setback, an identical addition to
the floor above will require a setback variance.
One could argue that with the proposed scope of redevelopment it might
be feasible to remove the existing setback encroachment. Given the
configuration of the house as a whole, however, staff believes this
request is reasonable and would provide the applicant with a structure
that is consistent and compatible with adjacent uses and structures.
2. The degree to which relief from the strict and literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the objectives of this title without a grant of special
privilege.
The subject property was conslructed prior to the adoption of zoning
regulations in the Town of Vail. The structure became non-conforming
only after the Town applied Primary/Secondary zoning in 1977. The
minor selback encroachment at this corner of the property has existed
since the building's inception (unlike the proposed garage/office addition)
and staff believes the request for a second-level addition above the
existing l0otprint is reasonable.
3. The effect of the requested variance on light and air, distribution of
populatlon, transportation and traffic facilities, public facilities and
utilities, and public safety.
B.
Statf does not believe there would be any negative impacts associated
with this proposal, if constructed, 0n the above-referenced criteria.
The Planninq and Environmental Commission shall make the followino findinos
before orantino a variance:
1. That the granting ol the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same district.
2. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranled for one or more of the following reasons:
a. The stict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent wih the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance lhat do not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
DE5I CN-D EVELO PM ENT-CONsTRI,/CTION
IOOO LIONSRIDGE LOOP, SVITE 3-D VAIL, COLOMDO 81657
April 10, 2000
Town of Vail Department of Community Development
Planning and Environmental Commission
111 S. Frontage Road
Vail, C0 81657
Attn: Brent Wlson
Re: 1007 Eagles Nest Cirde, Parcel B
Brent,
We are submitting this project to the PEC for consideration of a side setback variance and a site coverage variance
for a 2-car garage. We are also applying for an additional 250 sf as granted by the Town code. In consideration for
the two variances listed above, I believe that an approval is appropriate for the following reasons:
1. The side setback is an existing legal non . omforming condition that occurred once the parcel was
annexed into the town and the zoning regulations applied. The proposed addition will not encroach
any more than the existing house and is important to maintain the character and compatibility with the
existing house.
2. The site coverage variance is to allow for a 2<ar garage. The hardship to add a garage is that the
original house was designed and built without the current site coverage regulations and did not
include a garage. The subsequent county zoning also did not require off-street parking, which still
does not exist today. Cunently there is 2l3 sf site coverage available, we are adding 552 sf, which
leaves 349 sf that will need a variance. We believe that the strict literal interoretation of the code
would deprive this owner of the privilEe enjoyed by other owners in the neighborhood.
Furthermore, we believe that an approval for both variances would not constitute a grant of special privilege simply
because the house existed before the Town of Vail and was not allowed to conform to the current regulation as
currently written. The granting ofthe variances will not be detrimental to public safety; in fact, this proposal will
alleviate the serious problem of on-street parking that exists today.
have any questions or require adc.: ional material.Please call me if you
1?'\)
Thomas Weber
Architect
RKD, Inc.
PHONE: e70) 476-9228 FAX.eT, 476-9023 EMAIL: RKD@RKDARCH.COM
a3/29/L995 15:39 7L3877 S RUTI€FFORD
Suarn R"peU Ruthorfiodge0 Em tt. Unc
lbulton, Tlxar TtGl?
PAGE 6L
Mry 1,2000
.':
Town Plurning md Environmdtil Conmision ?
Town of Vril
7t Soutr Fmnbgc Road
VaiL Colorado t1657
Rc: Application of Kryc Fcny - Mry E,2lX)0 hcring
f,leer Commi$ionen:
I rm thc owncr of l(X)l Vait Vatley [hivc (Parcct A), thc othcr halfof rhc dupbx o*ncd by Keyc Fcrry (Prrccl B).
Thc lot is aho dividad into r drird arcr known 6 Prrccl C whkh is joinrly omgd by both Mr. Fary end nysctf. . .- -.F
Parc=l C consislr of the opcn spacc rmund thc crrrc building. Thc mqucstcd sltc oowrr gc vrriancc involvcs
Parccl C though thc Fcrry epplicdon docs nor irdiclE rhi$
For thc rcconC, I hwc told Ms. Fcttt'dta t m not opposcd to m.kint pcnnffiit, hcr four Erporary psddng
spac.s thrt sho applicd frr urd nccivcd lrgr s||mmcr.
I opporc this variucc rcqucst for th: t$nc Ga.on I opporcd thc hu thmc varieocc rcqucstg- Her mosl rtccnt
nquoit is mcrely a slightly modificd vctsiot of thc prcviout rib ooyarge rc$rcstl tftc Ms. Fcrry hs submitbd cnd
that hwe llrcrdy bccn unurinrously lllrfcd on threc occrsions.
ln Junc. l9qr9, M9. Fctry submitled phns calling for r 4 | t rquare foot site cwcngc vrrirncc txrt thnsc phn: rrrre
rejccted rnd $c rpplication wrr hblcd by thc PEC u thc July 25, 1999 hcrinp Shc than modified hcr phns brrt drc
oodificd vcniot sill cdled for a 4 | 5 squrre fmr sitc covctrgc variuor md drc modificd phns - bcing rcduccd by
only 3 squue ftct - wcrc rgrin rcjcctcd by drc PEC sr Octobcr I | , 1999. Ms. Ferry appcalcd thc PEC's findings
rnd th. Town cdlocil upheld thc PEC'S d.cisioo r I hcrring oo Novcmbcr 2, 1999-
Ms. Ferry'e third rct ofphns cunutly under cousidcraliw. whilc rcdrcing ilrc squr: lootagc of lhc verilrcc
rcqucstcd, sti asls for rr! edditioorl 349 quac foot sitc covcnge vria;1cc.
ln vcrtal communhuion rrith Towrt plr,rmi4 personncljurt lrst ycrr, I rnrntioned thc poscability of a t4 sguarc
foot site coveraBc vtiancc in cmncc'tlon with my side of lhc buildins, I wrs hfrnrcd drd $rch I vrriincc rvurld
not ba ipprbvcd- Conrcqrntly, I did rpf rcqudr $rch e vrrirocc.
Th. PEC committcc mcober'c cqruncnts from tr July 26, 1999 rnd Oct t t, | 999, hcarirryr in corrnccrim with
Ms, Fcrry's prior rGqurrb, rtill appb todry, I grotc from $c ninutcs of rhcrc hoaringr:
'"fhis ir clcrly e grmt of spccirl privilcgo.'
".-.!rill docan't s.E how the hourc ic a hcrdslrip, ar the otlrer hunes in the ncighbclnod rrcrc built in thc 60'r.'
"... rhis wrs a grut of rpccid privilogc md said thc ep'plicant war rnrll4 it hrrd fq tranrclver by pofiing thc
gngc rvhcrc il ir qow.-
",,. dris wEs a self inflicbd hedship,!
'... this was a grrrt of spcchl privilcgc, sincc nothing had bccn prcscntcd that rhc lot hd ury uniqur problons or
hrrdships rld thc o(hcr tlro Equsst! in fic hn couplc of ycrn hrd boar dcnid."
1759i
r$l
I
I
I
I
g3/29/L395 t5:39 7L3877t759 5 RUTHERFORD PAGE 82
Your PEC committcc ncrnbcrtg commenls stilt rDply to this latcst vcnion of the siic covtragc variancc. lVc hlvc
ell gortc ovcr this bcfct. I ask you to stop thc rccycling of this senc sitc covcragc vrrioncr requcst. Thb is r drltc
of hc Torn's time rnd noncy.
ln conclurion. ft ir imporbnt for ttc conrnittec to rcmcmba ttsr I am a tfi!il in commor *irh Ms. Fcry of a
ponion of thc proFrtt.t i$uc. sFcificelly Parcct C - thc tand sunounding the prercnt duplex stsrrut. Thc sile
coveragc vrrirncc rhir Ml Fcrty is rcqucstirtg ir on pmpcrty in which I own a onc hatf undividcd intercst -ya i/tr.
Fcrry is continuing to ignore mc. I did nor cosign rhc variancc applicrlion nor did I givc my rpproval to Mr. Ferry
for therc plms, I do not wrnl thi! 349 squarc fmt site coverage varimc. Do bc €ranrcd which rpoutd rrsslr in
ovcrbuilding of thc ht
Thmk pu oncc rgain ftr low conridcntion.
Suru Rcpcni
Mrs. Ann Rcpdti
Mr. AnAbplurlp
'aqnvmn 12:13 ,frr"
*rL,,uL,ozr
enlse-ut+ t PA6E A2t63
Chandelle Ventures Inc.
'
ASil24,20m
Mr.kEtrtWil$q
ToumofVdl Colomdo
Dryrhrd of Cor*'rnity Dsndopec[t
75 SorbFtwtageRoad
VaiL CO 81557
-. YTA.EACSIMIT,Ez (fl$$}.ilf,,
DearMr.Wilsm:
I rcurain otatty op'porcd b &e gruting of trc v[iuc6 rcquc*sf tV Kry Fccy m hrr propcrty
that bcdas my hsmp n 967 Veit Vdlcy Drivc. Such vuiuscr wiU dvcrlcely affEst the pfincy
ofodvicwsfisn,tnyFqFty. Cqn*Euu*y,qrprovaloflGrreqrcstcdvaimccewillreducc
ttc vahc ofrny pmpcrty.
I €oclosc a csry ofnyprwious opporiliob ha v-gif,pe rqulst I wae Esrccsgfrrl i! I
obtaini* a vadenca &et*rs Enolgoccdrndr'Etfaf hrrc plwidcrlac€ grccn sp o frc
- coomon bords with lhc Fcsy popqty. To w bc r$jEctcd !o cocrorcLrncut @ tc Uniid
spacc bctrrero tba Inopc(tils as a rlsub of especial Fivitcgsd v{iacs fu hcr muldbc grossly
unfairtoma
SiuccrelY,effib
DE*4/aa
Encloeurt
24311 wrldq Crtrcr Ddrc .Doottr SprirlA Fl.a4tl+
041) 9{E-l010.rrr: Pal) fl$l01!l.+nrlE drr@rrldanrir
Z/l'd I96N OSllLT?2z€+ UI|015U -Eloll 6I:€1 32E,'dt.fd'9, !
I
{
Qt%L""-'
Preridrut
DEA/a
24t11 Wdd€n celtlE Ihivo.loaite Spriryr, FL 3{134
(911) 94E-1010rFrr: p4r) 9c$fou+.Dft dd@rrlrtdcry.GdE
PAGE T3IE3O"""' %t,o'tslz' L'$$ELLE I)* t
Chandelle Ventures Inc.
Octobc05,1999
Mr.BrdlYilsm
TormofVaij, Cotorado
D?anment of Cmmunity Dwelopacat
7J SouthFrmtsscRpad
VaiL CO Er657
DcarMr. Wilso!:
I ao uitiug to objcct to the \Eiance rcqucst dlted Octok 1, 1999 regarding fte following:
KAY EERRY NESIDENCE, LOT 1, PAR@tr., B, EIIILDING 6, VAIL VIITAGE
nLING 7, 1007 EAGI^ES I|EST CRCI & VNL, COLORAITO, 31617,
I u thc oaer of,an adjacert lot to the west oftto srdcct propcrty, Be6rc I consmcted ry
htme * 967 Vail Valley Drivc I rcqursted r sct bark rrqieuce to pm'vidc nore scpardion for my
loruc frsm rte cct palh md the snbject two party builditg: In ryite ofry naighbdrs s{port of
this n:qucst ad no afircrse :iffest on alyputy I was denied a varirnco on thc basis ilat this
rrotld bc "spccial givilege."
Tbc pescut variace Equest itrEeascs the covaqgc bq;ond *'"t nllswable and incrcases thc
GRFA by 250 squrc fcot variacas ftr uce sipifcarf rbna ruy siople rcqucst frr set back
rslicf.
I object to this spccial privilcga requcst for additionrl buildine otr be sr:bject lot whioh I bolieve
will dctdEt ftorn my vicnn and thc value of ryhone
Silcerdy,
- -- - -ez.'z'd-.-T9a6N 857r. LTZZZE+ UIdorSU -E10[{5tr:Etr @AZ'dlH'92
6L/A211994 2A165 97A4769423i
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RKD PAffi 62
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gL/9211994 2A.AS 9784769A23
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PAGE A3
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Departmenl of C ommunity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-21 38
FAX 970-479-2452
www.ci.vail.co.us
To:
From:
Date:
Staff Interpretalions File
Brent Wibon, Planner ll
Town of Vail Application Requirements
May 2,2000
The following is a synopsis of the Town's signature requirements for applications
involving jointly owned property.
The Town has always required signatures from all affected parlies whenever
applications involving common property have been involved. This includes
condominium or homeowners associalions. Effeclive May 2,2000 the Department of
Community Development made the determination that this policy includes jointly owned
"C parcels" on duplex properties. We will no longer accept any applications involving
jointly owned property without aulhorization from all owners, nor do we have the
authority to take action on property without the appropriate consent. This policy is a
direct result of numerous dilemmas (Hughes-Tuchman, Walker-McKibben, Ferry-
Repetli) where the lown's authority to acl upon applications without appropriate consent
has been questioned. Be advised this policy will not affect duplexes where a common
parcel has not been established.
{p *"""o"o 'n'"*
o
APPLI
Questions?
U "
Planning Staffat 479-2L38
CATION FOR PLANNII{G AND ENVIRONMENTAL
COMMISSION APPROVAL
GENEML INFORMATION
Ttlis applicat'on is for any project requiring approval bf the Planning and Environmental Commission. For specific
information, see the submittal requirements for the particular approval that is requested. The application can not be
accepted until all required information is submitted. The project may also need to be reviewed by the Town Council
and/or the Design Review Board.
A. TYPE OF APPUCATION:tr Bed and Breakfasttr Conditional Use PermitD Major or n Minor Subdivisiontr Rezoningtr Sign Variancetr Sp€cial Development Districtfl Major or tr Minor Amendment to SDD
Employee Housing Unit (Iype: _)
Major or E Minor Exterior Alteration
(VailVillage)
Major or Minor Exterior Alteration (Lionshead)
Variance
Zoning Code Amendment
Amendment to an Approved Development Plan
D
D
tr
Etr
tr
B.DESCRIPTION OF THE REQUEST: E
,(feet' e)
LOCATION OF PROPOSAL: LOT: I BLOCK: b
pHysrcALADDREss: l0o_1 F-AaCZS lt)e<T
nuruc:@ l/,' 9\Vbo<-.41 v-t-
cnV-ettE.
c.
D.
E.
F.
PARCEL #:
ZoNING: a--rf.Avtl.J-V
(Contact Eagle Co. Assessors Office at 970-328-86,rc for parcel #)
NAMEoFowNER(s)t \aaqE kA/?l
G.
H.NAM E OF APPUC,AMT:-_I.N
MAILING ADDRESS:o@
FEE: See submittal requirements for appropriate fee
PLEASE SUBMIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COIIIMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL COLORADO 81657.
ee)
owNER(S)SIGN
1 0 2000
o
Ann Repedi, Susan Rutherford
3446 Ella Lee Ln
Houston, Texas TTO27
Gentral Missouri Co/ Sam B Cook Trust
238 Madiston St
Jefferson City, MO 60101
Don E Ackerman
24311Walden Center Dr
Bonita Springs, FL 34134
May B Kelly/F Raymond Jr
2950 E Stanford Dr
Englewood, CO 80110
Tom & Flo Steinbero
PO Box 13
Vail, CO 81658
Evan Jones
11013 Crippfegate Rdrorornac, MD 20gS4
Danielde Roulet
1420 Ridge Rd
LaurelHollow, NY 11791
Within setbacks and in excess of allowable site coverage, located at 1007 Eagles Nest Circle/Lot
1, Block 6, Vail Village 7'h Filing.
"'l,r=, MAY AFFE.T YouR PRoPEt
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on May 8, 2000, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A reouest for a side setback variance from Section 12-6d-6 of the Town Code and a site
coverage variance from Section 12-6D-9 of the Town Code, to allow for a residential addition
Applicant: Kaye Ferry, represented by RKD, Inc.Planner: Brent Wilson
A request for a front setback variance from Section 12-6D-6 of the Town Code, to allow for an
additon, located at 2865 Snowberry Drive/Lot 2, Block 9, A resub of Lots 2 & 3 B, Vail
lntermountain.
Applicant: Clive Reeman and Louise Randall, represented by Railton McEvoy Architects
Planner: Allison Ochs
A worksession to discuss a proposed zoning code amendement to Section 12-78-18 (Location
of Business Activity), which would allow lor mobile inlormation dissemination within the CCI
Zone District on public property.
Applicant: WTCBPlanner: Allison Ochs
A request for a conditional use permit, to allow for the creation of a community garden, to be
located at2450 s. Frontage Road/unplafted, vail Intermountain.
Applicant: Town of VailPlanner: Allison Ochs
A request for a conditional use permit, to eliminale a dwelling unit, lofated at 124 E. Meadow
Drive/Village Center Condominiums Building B/Lot 5E, Vail Village 1" Filing.
Applicant: Burt NordstrandPlanner: Ann Kjerulf
A reguest lor a minor amendment to SDD #2, to allow for the addition of common area between
Buildings D&E, located at Buildings D&E, 600 Vail Valley Drive/A part of Tract B, Vail Village 7'n
Filing.
Applicant: Northwoods, represented by Fritzlen, pierce, Smith
Planner: Allison Ochs
A request for a variance from Sections 12-6D-9 (Site Coverage), 1 2-6D-8 (Density) and 1 2-6D-6
(Setbacks), Town Code, to allow for a garage and residential addition, located at 2955
Bellllower Drive/Lot 6, Block 6,Vail Intermountain.
Applicant: Alan & Francine PetersPlanner: Allison Ochs
I
i1l'l VC\
ruw
ials are available rilrb,'. inspection &rtng ' ' . .The applications and infornlfrn about the propo€
regular office hours in the project planner's ofiice located at the Town of Vail Communiry
Development Department, 75 South Frontage Road. Phase call479-2138 for information.
Sign language interpretation available upon rcqrest with 24 hour notiflcation, Please call 479-
2356, Telephone for the Headng lmpaired, for information.
Community Development Department
Published April21, 2000 in the VailTrail.
D Town ot Vail
Itpartment of Community Development
75 S. Frontage Hoad
Vail, CO 81657
o
Receipt No.
,zQ7 t
1lftCt F
o^t"-A--L-E-L-et-.f /-rt"-
payable to the TOWN OF VAIL
Account No.Item No.Code#iCostEach Total
001 0000 314 1110 Zoning and Addr€ss Maps zA $s.00
0c1 0000 3141112
m
1l lnifnrm Or ';l,,li^^ ^^-r-r 1&2
- Vo, ',3.99-0c
loa
00
oo
0o
o0
00
00
00
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00
oo
oo
00
00
00
00
00
00
00'
00'
o0
Torn of tlai Ir+* HSTffiR RECEIPT +1r
onn: llttlfr-ei EceIFr: mzazt
DESCRIPIIIII
PEC ',RRISf,E
FEE
n(I}, Iltr.
MYE FERRY
IEM}ER IETRILtx llPaetg$l
DflIE: 4/tt/0
T0Ifl- OfOt
ffiTffT IE{DERTO
OTY ffiIi{T N ilr lfie.m $t, H{
)odes
f50.m
TIIC: 13:el:35
tasc.m
€6e.fr
T}fiI( YflJ Ft}R Y{ilN PRYF{TI
001 uu00 312 1000 lR€staurant Lic€nse fee ffOV)
CB
aa
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t.E'
BF
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[/|s
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PF
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SP
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urt
PN
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36.00
35J0
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36,00
37.00
10.o0
12j5
$ruo
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40 -00
.00
001 0000 230 2000 Spec. Assess.-R€staurant Fee to Co.Dept.Rev.UA
'001 0000 201 1000 Taxable @ 4.5% (Statel - Tax payable IY
-001 0000 310 1100 Taxable @ 4.0% (Town) - Retail Sales Tax r7
Other/lvlisc. -MS
001 0000 311 2500 PEC APPLICATION FEES
001 0000 311 2500 Additional GRFA - '250"PV $200.00
001 0000 311 2s00 Conditional Use Permit PV $200.00
001 0000 311 2s00 Exterior Alteration - Less than 100 so. ft.PV $200.00
001 0000 311 2500 Exterior Arteration - lvlore than 100 sq. ft.PV $500.00
001 00003112500 Soecial Develooment District - NEW PV $1,500.00
001 0000 311 2500 Special Develooment District - Maior Amend PV $1,000.00
001 0000 31 1 2s00 Soecial Develooment District - Minor Amend PV $200.00
001 0000 31 1 2500 Subdivision Fees PV
001 0000 311 2500 Variance PV - $2so.oo )
001 0000311 2500 Zoning Code Amendments PV .-$250ir
Re-Zoning PV $200.00
001 0000 319 3100 Gteenstar Program
Other -MS
TOTAL:
Gash _ MonEy Order #
F:/Ev€ryonelFo.mvsalesacl.Exs
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el.6o lcvel
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SUSAN RUTH ERTORD
Ml Kry Fcrry
239J BBld Mountrin Rord
Vril, Colorado E1657
Februrry I l, 2000
Derr Kry,
. I am glad you ogrccd to mecting mc rhis p$t ,anuEry l4rh though I am diuappoinredthtt I have not heard from you we nced to resolvc iszues such as ni*.rylsr.ondary andsite coverago, beforc we can conrinue with our respective plans simply epprying to theTown doec not mrke one sidc Primery, if thut weri go I could have eppiiea for thig sratuoy:arl €o. our party wnll agreement superredes any ouch d$ignation'by rhe Town and
clcarly stipulates that we must cach give approval to thc oiher's dcsircd addirions As I
strtcd in our mcding and in my leiters, I have atways bcan ready to work out thege issues
I long ago realized that neithcr onc of us will gct everythlng we w&nr and wo mugt both be
oP€n to compromire.
The Town hag consistootly refurcd dl varirnsc rcqucsts for this property Their view is
thsl we should not have bought the propeny if we didn't like the restrictiong I csnnot
argue egainst their point urd thus ncither my primery nor recondary plans ask for a
varirnce
As I algo statod in the meeting, I am willing to sign your rpplication to heve your
tcmporrry p$kirg mtde pormurent.
Please ga in touch with mo as soon as you know the dircstion you would like to tske
with your prop6ty. I look forwgrd to olearing up theec ircucc 8nd moving forward
Sincercly,
3466 ELIA LEE IANE HOUSTON. TEXAS 7?027 QtSl877-1643 FN( (713) 877-t759
6L/L7l2AAA 9744755581 AI$.I REPEfiI PAGE 6T
)
.. :. '.., .. , ANN REPETTI
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; : G_<Ae- Ru:ctes.
i.:.'i Brcr{r .ar'cl bast"qr '
slcf g,s) rlrrod- \?u C{*-'<scqe) sent "me in lqq6,
: T5 *h.ris eSt\ va.lfd ?
. , lAcCc-'fqlit*a +. lE.bci.o5o A 'r =tcrxjr_lf€.3,, " F,p1o.*1b€, qnr++-a?a prtrutded f+\ci the- JiI{.+_yF"r' gb* r.rcyt - qr/1j=r \,rru_f€^a,s* ] n. -.1,"..r]Lr_
i beturselurft *hre :t*o.l ::i-i..J*r-.*" -..i.-i
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,, I.Frrrda*r tz-F .sa"id *-t^,a.-f \ fre LrC/ttC, YY:t1 COn-
i%r( uvr rite\t :stafu: e,nt-r t\e = \^rif tt, a :s i te-:][-et- t'YI\l\c\ s-Ta5-Lr:> g{}I rTrs-:S lE;I -lc) f-}, fStTc-
,, Corieto:h<- VGftance beca.r*rse iNi..thout or€.
. :i '$"14) ef\trna.r.4 s\d<i. u.reur\ d ne ur\cihte, tr)'l +Yre. sr\rrna.ru1 s\d<t troeur\d ne ur\crbte tc)
, 'odd ' +he si\t _1T:qf.t, (6flrh):.
:'+ 5- cr-rvr r<zea1;r.4 +hs bp(\clryrar l?arstr.fqr.s co((ec.| l,-+. +hAA f- do u"'at Sal t€.oe{
t \^3 ? loliq. afqu€n^frnj. DrcLyry.t- urie_olfdad-1 cor4z-f *nir -a{rqie-: i artc +r|eizrtckrr.l*cT i: qoi nq *o ca.t\ ,t6g . 'Thi .a' {r:ryre.''t<tptd ry\a {tre{-rr-rants d- =tos4 fl-' aalai.-L c\ofl't *<na:o if stfts r,rro.nts c^ <i+-thd;
94,?rte '( z8o
.
, j,::"' 5eccsd o1p.*'-n-':F *hink*'+hia o.iqt'r?n^e 't*
: i'lls'ru,aet crrt.lLrla.,q. ES t<F q<:t all +H{: 't-Lb' a'i:ts 'wr,ae't ortqupra.. ES t<F ct<:t all +He z-Lb' af.
si fe CA)e.tctq&, arrd e-:s{o1^i<C" i-\ne- cp,-ro.q& a1d
, zxlstu*or onE Stczru otfeas - A +hi"ng- #ha+ rs; axisfrnaa {ln4" ijtczrq otfQrf,a * :t +h'int<- *F'ha$ rs
', b}at ?s> =q ft .t- :p€ {Yr\ * cofr<rJ ?
'
t :r tn€afd bh.+ {ne nkrsu}+a ln C€Vo\-{]t +h2*i [p€f{r er,rc*q6} aM ftred haUe fnod€ q,'Vis\t- tp tfE' Taq\rce; tr: aaa. +ip +l^,o.* -b<r-
.police f?Do.ft "
' lfh\s ooes orr cr,nd on t'\ on t\tonCaj A.ulA ..
SOSAN
!ao
1OO1 VAI L VALLEY DRIVE PHONE & rAX (970) 476-5s81
AL/17/2gAB 66:L2
:
974476558t Attl REPE' 1I PAGE g2
NONCONFORMINC SITES, USES, STR UCTUR.ES
occupied hy a nonconforming use shall bclimil;rliorr, Jnd thc usr_. slr:rll rtot thereafter
occrrpr- I grcaler Sile ercJ Or lloor area
limrtrtirrn. (Ord.,f( | 973) S :0.400. )
deemed a new
be enlargcd to
than such new
18.54.050 Structurcs rnd site irnprovemenj.
strucrures and site improvements rawfully established priorro the elfective date of the ordinance codifiedin this titt* fri.ndo nol conform to the devcloprnenr standards prescribed bythis titlc for the disrrir't in which rhey, are situated may becontirrued. such structures or site improvemenu m*y beenlargctl only' in rccordance with thc lollowing limitations:A. Srructurus or sire improvemenrs which do not conform torequirements for setbacks. distances tretwecn buildinS,
heiehr. building bulk conftol, or site coverage. mil, ternlarged. provided that the entargement does nor Jurther
increase the discrepancy between the totat structure andapplicable building bulk controt or site coverage standards:and provided thar the .addition fully cont-orms with
serbacks. disrrnccs betrveen buildrngs. and height sr;rndards
applicablc r0 the addition.
B- structr.rres which do not sonform to rJensity contrors maybe enlarged. onty' if the total gross resicientiil floor ares ofthe enlarged structuf,c does not exceed the total gross
residentral floor area of rhe Frecxisting nonconforming
structure.
c. srrrrcrrrres or site improvemcnts which do not conform to
rrquiremcnls for uscabre open space or randscaprng and sitedcvelopment may be enlarged, providrrl that lhu useable
open spacs rcquirements applicable to such addition shall bef'lly satisfied- and provided trrar rhe per!-sntage oi the totllsrte which is landscaped shall nor be reduced berow the" nrmimum requirement.
D- structures or site irnprovements which do not conform to
the off-streer pcrking and loading requinments of tbis titlernsv be enlargcd, egenideO rhet the parking ancl loeding
requirements for such rddition shail be fully satisfied and
that the discrepancy bctwecn .the existing off-srreet parking
and loading facilities and the srandards prescribed by this
485 (vdt 1.5{2)
LLIL2/L999 Ag|28 7138771759
Nov? rl -99 r I : rlgA e skwith ctc
I
ltnlTUral taNx lLDG'
rc tot nl troN?AG8 roAt llfl6T. sL'trf zla
YAIL GOl.()rAttO alrs'
TA-ltl{rN3 ctol atacz
nAcstrmtOillrtrst
{
Novctrtbcr ll. 1999
Although
conrmon
Parcsl A
Townhou
not willi
invitees.
F.o. tox.at
ar EDWAIDS Aclc3ts roaD,
EDWAIDS, COLOIAI'O I
S RU1HERFORD
tEt EtHo E lflll tlL-tzit
r^cstutlE (!rr0l tl"l,.
Burnv & PmsnsoN
A lholEislq{ L Colror rtoN
Arffi,NDt-sATt^w
L|NOOTJT c$fill
us uNc€LN rlrttT. rultE tl?l
DENVE& col.ol^Dot@ll{
TILE troNl Hlt |ot-las
DACSnflll (xtt lg'd7
rf
Dcar Wendcll:ir
I am in rcccipt ol'your letter daled Nove tnhcr 3 ' I 999'
I Agrec that pur$uall to thc TownhorKe f)cctaration for the Mercer Johnsen 'l'owuhomc! tccot
iriii io, r"rii. Rurh"rrota and thc owncr of Parcel Bare thc:*Y*-ot '":t":" i:t,-":]:l1Tt,"l
l, Ebck i. Voit Vittagc Scventh Filing. erccpt fot Parcel A and Parccl B' Ho'rcver. I
respectfirlly disagrce with tlrc other ossertions in your letler'
Thc garage which is arrached to the rcsidence on Parccl A was.construcled-,on itt:S::::-l;iiifi;d;;.rdniing of borh owners in l9t9 thnt $e garage. like Mrs..Ruthcrford's driver*'ay.
tbr thc cxcluSirae use of l'urcel A. Most telling, the garage has been in cxistencc and uscd c:tclusi
A for l0 ycars. When Ms Fcrry purchascd her unit' shc did 1n yil -th",iJ lftr s*re. ana t'trc rlrivcway wctt uscd lxclurively by the owrrcr of (Jnit A.
i"b- ioio,.,iU."n given t5c rigirt to park two cars offof Ea'le's Ncst Circle-whcrc
ing unril G denial of i'ls' Fcrry's variancc was uplreld by the Towtr (:ouncil
rph 4(c) of thc Townhouse Dsclaration contcmplates the ;xrssiblc conslructi
and ac"""s t'acilrtics. no such lbcilities wcte cvcr, in fact, constructed' 'fhe ow
. dri"a*"y and garagc for ber cxclusivc use on thc comnron parcel' witt
from thc o."n.t -of Parcel B. Nothing in Paragroph 4(c)' or elsc$'hcrc in
tion, prohibits the construction of such a driveway' Conscqucntly' nty
thc uie ofcithcr her drivcwny or her garagc by your clicnl hcr rcnlcr$' I
of
of
no
rhe
lis
.or
LL/L21L999 gg=29 7138
t{ov-t1-99 lI:49A eskwith ctc
77L759I 5 RUTFERFTRD PAGE A5
Mr. Wendell B. Porrerfietd, Jr.
Page 2
Novcmber ll, 1999
Lawrcnce e, pstwirtr
LAE:lf
cc Susan Rulhcrford
bcc Eltuabach n"p"tLr
ILll2lL999 eZ:25 38771759I S RUTHEFFORD PAGE AL
l,
SUSAN RUTHERFORD
Nov.ll,l999
i
Mr. BrurtWiborr
Mr. Lsrr)'Eshdlh
Dorr Brclrt rd l{ry,
-.r^oot
u,|rril Jctr$hco jun fourdl rhir is a writtcn pcrnrisrion ftom Roy Drvis, Terco,cudntt p'rcvio$hmGr of prrcol B, br Mom to build a grrrge for her use. I hrd ''kcdJ4..lonq EllSo if-lr_hrd any of this infornution h,ut hc-told-me rhcy ilidnt uurally
apply to thc DR{ or tlrc PEc fur thcir ctierrts. Rccertly, I clrnc acrosr rn otd invoicc
wttich lhowod thla cohcn did do thir work for Mom. i ttrint it war wusud for cohcrlconrqgion to iltGrpplicdlm ro thc t?rm and rlso JGffhd romcono ebc overrcing
thc job in 1989. I cdhd Jeff rgun yestcrfry to ask if ho carld look dig through his
yttfyL because it sppcrrcd as if cohar lad ia frct rpphcd for thc pcrmit acc-ording to
thir old inroicc. I told Jcfrn'hat KF was hoing to tltorn. rcfric vcry-forrd ofMom ard I
think KFr rccfit rdioor irupird Jcffto go through ycerr of papcrwork untit he found
this. Ho frxcd no 14 prgcr tonight. Thc prgca I am frxfurg to you rppo.r to bc the most
inpo'nr+. Ictrdosnt haw the originrl of the Davir/fsco lctter. Mom didnt haw e
copy ofthir booaurc it wrs rcrt direc{y to t|re PEC ad drc muct harre forgotten.
Mr. Davir hrd rweoity indicetcd he would sigl rome son of affidsvit rayiry thst he
grvc Monr pcrntOon to build the grnge In 19E9. I bctwe hc lrarnl givcn us onc cnrlier
bccausq ho is wordGd KF will rlrc fumc rftcr him. I truty bcliwe Mr. Davis hls forgottcn
hc cvrrlscnt this k'ncr. He lo$ cornrol of his mnrpany,Tcsco Cartingr. e shon tirm after
thir lafr wrs writtar ro it unr a diffictlt pcriod for him. I will scnd hirr a copy of hir
ldtcr tgmorrow. I ltnory trc win be reliwod.
Srcr&i Ao wc nccd p loc ifyou hnrc thc original? I rsr nre Mr. DEvfu witl ancet to rhc
ftct tbd this lcttcr iC ecqrrrte. I know my frorbtcr ar€ not ovcr but thic is a *cp in Oe
rigtt direaion. I *i$
"Ell
you both tomorrow. n deep bcttcr toniglf rnd my Mom ir on
cloud nine!
3466 Eu.^ tuu
l*u
HOUSTON, TEXAS 77027 (713) 877-1643 FA( (713) 877-l
lL/L2/L999 26125
\1".
I.
B,
II.
l0: l0
7138771759
Coro ,18 3l{(|
i
RUTHERFORD
TOO1 VAII., VALLs)f DRIVA
vlITJ, c0.816s7
C0f,rrrr cqr.sfRtrcrr
lppllcatton Datq
PEC I,IIETING OAT
1 APPLICATTON FOR A VARINCE
Thls prcceduwill not be
A. NN.IE OF
doonEss
I
lslreguired for any groject
c€pted unti'l rll infomation
PLI6ANT ANN REFETIT
requ€3tln9 | variince. Thcis subnitted,
agpl
476-587
llAl.tE 0F
ADORESS
COI{EN CONSTRUCTTON
PO BOr, 3015
VlIIr. c0.81658 PHSNE t+?6
C. l{AI'lE 0F 0t{r{E s) (tvPe or prfnt AT{N REPETIT ROY,S REPETTl
ZABETH
A0DnESS ll
LOCATIOI{ OF PROPOSAL
AODRESS 1OO1 VAIL VAIIfiT VAIL CO.
LEGAL OESCRIPTION I-OI 1 BLOCK 6 TIIIIE ?th
E. FEE $]OO PA I O g1 I 1221 FRot{ 'lNN REPEITI
THt FEE I4UST FE PAt0 SEFoRE THE eoilMUNlTY 0EVEL0Pf'!ENT DEPART!{ENT t.|ILL
YOUR PROPOSAU.
rlF. A list ofJthc nlmei of orners of all property ldJacent to the subJrct
INCLU0INqtPRoPERTY BEHIND ANo ACRoSS STREETS, and their ma{llng addres
THE APPLICANT HIIL BE RESP0NSTBT€ FoR CoRRECT MAILTNG A0DRESSFS.
llt. FouR (4) c0ilIEs 0F THE FoLLotfIr{G HUsr BE SUB|{ITTED:
. A. A WRITTE]I STATEI.IET{T OF TI{E PRECTSE ]IATURE OF THE VARIAI{CE
REGULATION INVOLVED. THE STATEI,IEI{T HUST ALSO AOORESS:
I'
A PRE.APPLICATION COI{FERENCE HTT't A PLANITING STAFF MEI.IBER IS STRONGLY 5U
TO.)OETERI{INEIFAf{Y'ADOITIONAL INFORIIATIOiI IS NEEDED. IIO APPLICATION I{ILL
ACCEPIED UNLES5 IT T$ COI,IPLETE (MUsT INCLUDE ALL ITEM5 REQUIRED BY THE ZOI{
AOMINISTRATOR). IIT
'S
THE APPLICAT.IT'S RESPONSIEILITY TO MAKE AN APPOINTME
I'IITH THE STAFF TQ FIfiO OUt A80UT ADDITI0NAL SUBI'IITTAL REqUIREIIENTS.'l
PLEASE I{OTE THAT A CO}IPLETg APPLICATION UILL STREAI'ILIN€ THE APPROVAL PROC
YOUR PROJECT BY DECNEASING THE NUI,UER OF CONOITIONS OF APPROVAL THAT THE.AND EI{VIRONMENTAL COITMISSION MAY STIPULATE. ALL CONI)ITTOI{S OF APPROVAL I4T
oot4PLtED HrTlt BEFoRE A BUrL0r$ pERltrr ts lssItED. I
ilI
BE
!rty
rndtibiili
n tha
ilG
APPLICANT' S REPRESENTATIV
vE., PISADENA,CA.'9110
LL/L2/L999 sgt25
.j
u/u/90 l0itl
7138 7717591I S RUfiERFORD PAGE A
0oo
0e?o 0t0 t{t(|conc.| C0tsxurrr
ro' ilEt?'^$:lir;i'il,lTrte''o'(Ptnrl)
11.r.0
I
R.Dctti crragoLot 1, Block 6,
lddltionvaLl VtlleEc - (Final)Trlr Flling
I
L2. Ddrington Rcri.dence t Car.takar Unit16t 6, Eloelr Z, r,ionsridgc {th ffffng
uputrdg pnrsnrT:
li
IIrf
.s_r!FF APqFpvfUi:
Trectotrt Untt r-D - lntrrlor rrnodel
ceorEiTcold Peak xouec unltE 3o5-30t
Caneiot Townlrohrs - ReIO\to Treo atld
}IEUBERS AD9ENTI
t bay wlndotr
- colblna unLts
ne-landscape
lllL2/L999 86125 7t35771759 S RUTHERFT]RD
llrllr0t le:{t
a
]rorztltto
cottN cqgnucrr
ft'
e3/14/89 t4. tE TESC!
03tLtls9
plaftlrftu Ad, ulrvlRofstcflrAL cdiltgltol
Tot{il 0F vAlt
YAILI COLORADO
Rl: Propotrd gorr0p arl.litlnn tin thr Bepcttl homc.
0ear 3lrr,r
?ftlr lcllur lr [v ololr uur lpt,ovtl of the pltrr frF tho grFJgs
addltlon to thc dupler loelt* at l00l Ylll Urllcy Drfve nnd
.10O7 Etglr llrr 0 rirvlr. tr hrvc nc ohjcrt{rrD fr tlo FFoFnB.rl ,
Lnd rrr gl.d th.t the ?.xn ls eninrrrglng piopln to bulld
g.rage3 l[d thut gct $ corr ofl lh: rlrrc0r.
!ll{10 rfa rrlll not bo rdding tho gtntgr on orr hrlf rt thir ?tnrr_
we do hopc to dc so in thc ncrr futuic rnd hopc thrt you rulcfayorablt, 6h thlrFr,6Fntrr{ nildltlnn lnd lltnr on onc to sunl.-l f -f ltr tauurau0l.
| ,',' t-
'..f-6 t.') \ ).', . ^. .-f. -....
o. l,iNr, u. l. ,.rJ
Sincerelt
Euf'
ggi28 7138771759I
to:{e !g7j 0rt f1t0 C0ffi corinnuq;
S RUTTERF(RDILIL2IL999
- 11111"99
I
I
I
lt.
l
OWiIERS OF ONGR HATF OF
f'ln & f-lRS. 0lvl5
r0f 0 EACLES l.Esr ctRcrE
vAtL, co.8t657
TEL. TtJ-255-650t \202
| 713-622-t971H
| '* !"u*: -t
II
I
I
I
I
LL/I211999 6At2g
j
iD tri Dl
S RUT}ERFORD
c0Nx CoNfTRUCIt
7L3A77L759
-
13ezo c28 ${{0
PAGE 63
I
-g l1/
APPLICATION FOR A VARIANCE ITEM f, A
Type and amount of variance
we request a four'foot variance in the r/'ont setback to allow the butlding
0f a garage within sixteen feet of the western lot line, gange tO be fully
attached to existinp structure owned by Repetti,
IIt tS antrclpated thAt thisvarlance would have no appreclaDle effects on
llght and alf, lransEottatlOn, utillties, 0r public safety, but would have a
posltive effect on ttne appearance and neatness ol the structure, allow
more off street pail,ng lon thls untt, and lmprove snow removal access
for this unit. II
I
f
/'
a3/L4/e9 1,4t 1,6 TESCO @@2
CASTINGS SINCE 1
03/r5189
PLANNINU ANU EITVIRSNHEHTAL COI'I]'II39IOI'I
TOI,IN OF VAIL
vArL, C0L0MD0
Rc: Proporcd gorage artrlifinn tn f.he Repettl home.
0ear Slrs,
Thl: leLlsr. ls lu rLeLq v,., aPt,oval 0f tht plth! ftF tho grrrgo
aoCition to the duplex locateii at 1001 Vail valley Drlve and
1007 Laql c tler L s i, ,"1*. lJ* have no objee t{arl ta thc propnn'r1 ,
rnd rrc-g'lad Ltrat the town is encnttraging penpln t0 build
garages and thus get more cars sff Lhc slreeL>.
t'lhll0 tro utll not bo:dding tho grnrgo nn trrrr hrlf rf thir timn-
we do hope to do so in the-near iuture and hope that you rule
favorat'ly on thirprnpnrrr{ nr{dltlnn and I'rtnn nn nnc t0 ouln
1.,1 f -f lltr rltturluttr.
Sl ncerelf r .,' , $.l.-., (. o,,.
mr/mrs iloy b.
f -\.\
.,1-.' .,..*- ,*Y.'.--t.'
J
-o t'.t;
DaWs'
\
Jr
4ffiD4-
/
, '_.
Ms. Ann RepettJ"
1OO1 VaiI Valley Dr.Vail , CO., 81667
Dear Ann:
tile hereby
North side of
Josw S. Tuscrru..rx
rOST E.AG}I.E'A IVE6T CINCI.E
varl., ool,oa^rro 8l6lt7
soa-4'ra-o49i1
Manch 8, 1989
agt.ee to your dcsire
your house.
to build a garage on the
(, .-'.-=-
cc: Town of Vail
7-/ *-, a'
RB; Ferry
Subject RE: Ferry
Date: Wed l0Nov 1999 15:25:12 -0500
tr'rom: "Repetti, Elizabeth M." <EMR@belldavispitt.com>
To: "'Brent Wilson"' <bwilson@ci.vail.co.us>
Thanks, Brent. You can mail it to:
" is there an "appLication"? Pl.ease send both.ne know if there is any charge. Thank you very much!
- - - - -Original Messaqe- - - - -
From! Brent wiLson [mallto: bwilsonoci . vai].. co. usl
Sents Wednesday, November 10, 1999 1:50 PM
To: Repetti, Elizabetb M.
Subject: Re: Ferry
Elizabeth,
The approval for Kaye Ferryrs temporary parking spaces is part of the public
record. where would you like a copy nalled?
Brent
I of I ll1l0!D l:40PM
Ill64lL999 18:36 7138771759 S RUI}IERFORD
Nay-q4-
Nov-04-(|2:58P eskwith etc
o":bEp ."Qrr.x --
.O
a, orro
iorraf,ac|.o. Jll
Tc
in
a9
A
no
wl
an
wi
to'
Otm, Ponrrnrnro & Pwrur:
Aa'ltlflur.:'rltt l
ro'l or7lcf lor tl{
vAll- fl)U! trt m |e
November 3, 1999
renco A. Eckwith
Box 9O7
Coloredo 81632
Re: Susan R. Rutherford
As you know, we aro counsel to Th€ Kathlesn V. Ferry Trust ("tha Trust,l
isrtharrecord owner of Parcel B. a portion of Lot 1, Block 6, Vail Village Sevsnth
Gounty ol Eagle, State of Colorado l"Parccl B"l. We underetEnd that you
Susan R. Rutherford InRutherford"l. the owner of Parcel A. By virtue of the
nhouge Dsclaretion for Mercer JohnEen Townhouses recorded August 10, 1981
k 327 at Page 389 l"the Declaretion"l, Rutherford and the Trust are the owners
of Lot l. Block 6, Vail Village Sevanih Filing excopring Parcel
Parcel I l"tho Common Parcel'1.
Aa you alro know, ell of the currentlv existing parking for the property is on the
Prrcel and is currently accessed from Vall Village Drive. The Truet is aware
In enclosed gslage has been constructod on the Common Parcel. ln past
ueeions, you have stated that the garage was built by the ownor of Parcol A with
pcrmission of the owner of Parcel B. You have recontly pointod out that tha
ion roquirer wlitten conssnt for any altcration lo the propcrty. lf you or your
has evidence of such written conscnt, we would like to obtain a copy becauso
wac of record when tho Trust acquired Parcel B. Furlhermore, unlcss the
convsys the area of the Common Farcel whera the garage is locatad or creates
, we believe that th€ Trust has an ownorship interest in the garaga and
would like to make arrangsments to share in the use ol the gatage.
The Declaralion also provides Et Articls 4(c) thal common parking wil! be
on a portion of tho Common Parcal and that esch owner will have the right
uco of the patking facility. The parking facility has bean constructed on the
on Parcel which faces Vail Villago Drive and eflective immediately the Trust and
will commence using tha common porking. As providod in the Declaretion,
Trust will not takg more than one-half of the available space.
PAGE A1
P -A?
txt|tcr( AOrOf,E]
QtI TAI'LE IOAO
EIIIALO l4r-t aLE€. fll
EACI-E YA|L. COLOtroo at atoItr.ato|aeaSt x (rrot ar|latr
LL/s41L999 18:38 759o S RUTI-IERFORD PAGE A27!3477L
O3:OSP eskwith etc
to Lawrencs A. Eskwith
Novamber 3. 1999
Two
Tho Truct would also axpect to be consutted nen year regarding anyaping or gencral outdoof improvements to be performed on tha corrimon parcel.
, the Trust will need to approva any gardening or flowers that sre plantea.
v6W truly.loun,
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
VailTown Council
Community Development Department
November2, 1999
An appeal of the Planning and Environmental Commission's October 11th
denial of a request for a variance from Section 12-6C-9, Town of Vail
Code, to allow for two-family primary/secondary residential site coverage
in excess ot 20% of lot area, located at 1007 Eagle's Nest Circle / Lot 1 ,
Block 6, Vail Village Filing 7.
Appellant: Kathleen Ferry, represented by Eric Johnson, Architect
Planner: Brent Wilson
t.
The applicant, Kathleen Ferry, is requesting a variance to allow for a residential addition with
site coverage in excess (415 square feet) of what is allowed under the Town's Two-Family
Primary/Secondary Residential zoning regulations. The zoning for the above-referenced
property allows a site coverage oI20% of total site area (3,188 square feet). The applicant is
proposing a site coverage of 22.6/o of total site area (3,603 square feet). Site coverage
requiremenls for lots in the Primary/Secondary Residential Zone District are described in
Section 12-6D-9, Town of Vail Code.
The applicant's representative has expressed the reasoning for the variance request under
Exhibit A (attached).
The applicant is proposing a partial demolition/rebuild of the existing residence and the addition
of a two--car garage. The applicant's unit (constructed in the late 1960's) currently has no
formally designated off-street parking. On June 24th of this year, staff granted the applicant an
approval for a temporary unpaved off-street parking area. Ms. Ferry's unit is currently required
to provide three on-site parking spaces but there is no requirement that any of these spaces be
enclosed.
213 square feet of site coverage is currently available on site (enough for one 11'x 19'garage
space) and the applicant is proposing to construct a 576 square foot two-car garage and
additional cantilevered building projections (totaling 628 square feet).
Available site coverage under code provisions = 213 square feet
Minimum one-car garage size (9' x 18') = 162 square feet
Site coverage proposed for addition and two-car garage = 628 square feet
I
CahillOn October 11, 1999, the PEC voted unanimously (Doug
abstaining) to deny this request based on the lollowing findings:
absent. Galen Aasland
1. That the granting of the site coverage variance would constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
Primary/Secondary Residential Zone District.
2. There are no exceptions or extraordinary circumstances or conditions applicable
to this site that do not apply generally to other properties in the
Primary/Secondary Residential Zone District.
3. That the strict interpretation or enforcement of the specified regulation does not
deprive the applicant of privileges enjoyed by the owners of other properties in
the Primaryisecondary Residential Zone District.
II. STAFF RECOMMENDATION
The Community Development Department staff recommends that the Town Council
uphold the PEC'S denial of the applicant's site coverage variance request subject to
the following findings:
1. That the granting of the site coverage variance will constitute a grant of
special privilege inconsistent with the limitations on other properties
classified in the Primary/Secondary Residential Zone District.
2. There are no exceptions or extraordinary circumstances or conditions
applicable to this site that do not apply generally to other properties in the
Primary/Secondary Residential Zone District.
3. That the strict interpretation or enforcement of the specified regulation
does not deprive the applicant of privileges enjoyed by the owners of
other properties in the Primary/Secondary Residential Zone District.
ilt.ZONING AND SITE STATISTICS
Zoning District:
Lot Size:
Minimum Required Lot Size:
GRFA:
Site Coverage
Setbacks
Front (Ferry)
Side
Front (Repetti)
Parking (Ferry)
Pri mary/Secondary Residential District
15,942 square feet (.366 acres)
15,000 square feet
Standard Allowed/Required Prooosed
4,944sq. ft..
3,188 sq. tt. (2O"/o')
20 ft.
15 ft.
20|t.
3 spaces
4,943 sq. ft.t
3,603 sq. ll. (22.60/o)
20 ft. (per ILC)
15 ft. (per ILC) / 26 ft.
no change
3 spaces
" lncludes a credit of 250 square feet for the Ferry Residence.
tv.CRITER]A AND FINDINGS -SITE COVERAGE VARIANCE
A.Consideration of Factors Reqardinq the Site Coveraqe Variance:
The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff believes the proposed two-car garage is excessively large and
deviates from the zone district regulations more than is necessary t0
achieve stated goals. There is no requirement for enclosed parking on
this site - it is simply an amenity requested by the applicant. With the
major structural changes proposed in conjunction with this project, the
applicant has a "clean slate" to work with. Staff believes any hardship
created with this proposal is self-imposed. A large two-car garage could
be constructed on-site within applicable site coverage allowances if the
applicant were willing to reduce the amount of gross residential f loor area
(GRFA) proposed for the addition.
The proposed residential addition impacts a number of mature trees on
the property which serve as a bufler to adjacent properties. At their July
21, 1999 meeting, the Town's Design Review Board gave the applicanl
direction to preserve the mature trees and to pursue parking options on
other portions of the site. Stafl believes this request lor additional site
coverage further expands impacts on existing vegetation.
The degree to which relief from the strict and literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the objectives ol this title without a grant of special
privilege.
staff believes that an approval of the requested site coverage variance
would result in a grant of special privilege. Variance requests for garage
additions on adjacent properties have been denied in the past. Staff
believes there are no unique circumstances, nor any extraordinary
conditions (such as wetlands/water features, excessive slopes, etc.)
which impact the applicants lot. The maximum site coverage allowed on
the applicant's lot is 20%. All required off-street parking could be
provided on the site without a variance.
Since this neighborhood was subdivided in the 1960's under Eagle
County jurisdiction, 68% of all lots in this area are non-conforming with
regard to lot size. However, all structures built in this neighborhood
(since the adoption of zoning regulations) are in compliance with site
coverage provisions. The two exceptions (Lots 1 & 3, Vail Village Filing
8) were constructed prior to the adoption of zoning regulations on non-
conforming lots (lots less than 15,000 sf). The applicant's lot is
conlorming (with a lot size of 15,942 sf).
1.
2.
A site coverage variance request for Lot 3 (the applicant's neighbor) was
denied on 9122/97. In their denial of this request, the PEC stated "the
granting of a site coverage variance at this location would constitute a
grant of special privilege." The following table summarizes site coverage
allocations for the applicant's lot and 24 otnet properties within the
adjacent subdivisions.
Table 4. / - S,te Coverage Allocations for adjacent properties
Lots listed in bold type indicate deviations from site coverage regulations.
"data not available" indicates structures built prior to planning/zoning regulation.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
Staff does not believe there would be any negative impacts associated
with this proposal, if constructed, on the above-referenced criteria.
Lot Block Subdlvlsion Site Coverage Site Coverage Variances / Lot Size
6 Vail Village Filing 7 22.6%-current Ferry variance request / conforming lot (15,942 sf)
Tract C Vail Village Filing 7 17.8O"/"none / conforming lot (19,602 sf)
2 6 Vail Village Filing 7 19.20%none / conforming lot (19,480 sf )
J 6 Vail Village Filing 7 data not available non6 / non-conforming lot (14,087 sD
4 6 Vail Village Filing 7 19.90%none / non-conforming lot (11,7'17 sfl
o Vail Village Filing 7 12.60/"none / non-conforming lot (11,986 sf)
t)o Vail Village Filing 7 data not available none / conform ing lot (1 7,425 sf)
7 o Vail Village Filing 7 19.60%none / non-conforming lot (1 1,962 sf)
I Vail Villag€ Filing 7 19.60%none / non-conforming lot (1 1,962 sf)
Y o Vail Village Filing 7 data not available none / non-conforming lot (13,622 sf)
10 0 Vail Village Filing 7 data not available none / non-conforming lot (13,530 sD
11 o Vail Village Filing 7 data not available none / conform ing lot (22,259 sf)
12 o Vail Village Filing 7 15.90%none / conform ing lot (1 6,045 sf)
13 o Vail Village Filing 7 13.10%none / non-conforming lot (12,824 sf)
14 0 Vail Village Filing 7 19.90%none / conforming lot (23,479 sf)
1 1 Vall Vlllage Flllng 8 23.7Oo/o "yes, pre-exlstlng / non-conforming lol (9,322 sf)
a Vail Village Filing 8 17%none / non-conforming lot (9,808 sf)
3 1 Vall Vlllage Flllng 8 21"/o *pr+existing; add'l site coverage variance denled (9n2219n
/ non-conf orming lot (1 1,535 sl)
4 1 Vail Village Filing 8 '19.30%none / non-conforming lot (1 1,494 sf)
1 Vail Village Filing 8 18.80%none / non-conforming lot (7,880 st)
o 1 Vail Village Filing 8 data not available none / non-conforming lot (13,1a7 sf)
7 Vail Village Filing 8 20%none / non-conforming lot (8,969 sf)
e 1 Vail Village Filing I 19.60%none / non-conforming lot (8,934 sf)
v 1 Vail Village Filing 8 data not available none / non-conforming lot (10,637 sf)
10 I Vail Village Filing 8 19.50%none /conforming lot (18,097 sf)
B.The Planninq and Environmental Commission shall make the followino findinqs
before qrantino a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same district.
2. That the granting of the variance will not be detrimental to the public
health, salety or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title.
b. There are exceptions or exlraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
Ferf Site
Variance
Subject
GovErage
Request
Property
A
N
1001 Eagle's Nest Circle
O
eric johnson ar c h i t e c t, p.c.
October 1,1999
Town of Vail / Planning and Environmental Commission
Department of Community Development
lll S,FrontageRoad
Vail" CO 81657
RE: K.FERRYRESIDENCE
LOT 1, PARCEL B, BLOCK6, VAIL VILLAGE FILING 7
IOOTEAGLESNEST CIRCLE VAIL" CO. 81657
REQUEST FOR SITE COVERAGE VARIENCE AND ADDITIONAL 250 GRTA
Dear Sirs-
The following is a written statement outlining the nature of the variance request to the
address above and in specifically the Town of Vail Ordinances l2-6C-9 (site coverage) and
12-15-5 (additional GRIA) Because all of the above items are inter-related and combined in th€
same request and application, further described in drawings dated 10 | | | 99, the items listed
below are all inclusive.
The cunent site coverage is at 18.8 % andtle proposed site coverage would be 22.5 %.
The site coverage variance request is for the addition of 2 (two) enclosed parking spaces to the
existing unit which currently has none. Both spaces are for the Primary Residential Owner. The
cgrrent Secondary Owner has already obtained (without written permission from the Prfunary
Owner) an enclosed parking garage and has maximized their l0% of the allowed site coverage. In
frct, the remaining allowable site coverage (103 SF) would only accommodate a single 9 x 12
parking space.
We feel this request use is for the mutual benefit of the property owners, accommodates a need
for off-street p*ki"g (of which there is currently none) and fits hto the general bulk and mass of
the proposed additions.
We feel the hardship that rnkes this request necessary lies in the existing duplex
construction. Due to the nature ofthe existing structurt and a desire to maintain the foundatiorq
enhance the parfy wall (make it double fire wall) and minimize streetfront impact we fully intend
to preserve much of the existing floor and foundation struature and make all additions of the
garage outside the fbotprint. We have reduced the size of the garage from the previous
application and the variance is solely for the use ofthe garage.
Wi feet tnis a minor request from the strict and literal interpretation as the benefits are to the fair
and practical use of both Owners. Due to past platting of the property lines and the close
proximity ofroadways the on-going non-confonning conditions need some relief from close
scrutiny.
Similar variances have been granted for garages in this area and should serve as a president.
PO BOX 2088 VAIL CO 81658 970.926.s292 FAX 926.5293
t
eric johnson a r c h i t e c t, p.c.
The efect of the variance on ligbt, air, traffic and safety are minimal as the addition is on
the back side ofthe lot and current residence toward the only available op€n space remaining on
the lot.
The Additional250 GRFA is requested from the frct the structue is over 5 years old with no
irrqnovernents or additioos have been applied for.
Herein lies our request for additional 250 CFJA and the inclusion of tbe site coverage variance
used solely for the 2 car garage. Should you have questions, need firther clarification or see the
process differently please write or call me or Kaye Ferry at 476-1824.
Eric Jolmson
Thankyou for your consideration in this matter.
PO BOX 2088 VAIL CO 81658 970.926.s292 FAX 926.5293
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VAIL, Cosonroo arqaz
ll January 2000
Mr. WendellPorterfield
Otto, Ponerfeld & Post
Post OfEce Box 3149VaitCo 81658
vrA TETJCOPIER (970) 84s-9419
Re RuthetforVFerry Resideace
Dear Wendell:
As you are aurarg our Fim has been engaged to assist Susan Rutherford, the
owner of tlre west half of Lot 1, Blocl( 6, vailvillage Sevenft Filing, iu responding to
the activities of your dienq l(ay Ferry, associated wittl that property.
I harre been aneopdng since mid-Decenber, to arralge a disctrssion, or,
ideally, a needng of our clients, in order to follow up on Mrs. Rutherford's efforts,
dafug back m 1997, ao identify an acceptable rcsolution of issues rdated to tbe
developmeut potential of oris propedy. By direct correspondence to Ms. FertSr, Mrs.
Rutherford attempted last eugust to arriange a meeting in Vail. Neither her efforts nor
our attempted contacts tbrough you hane elicited any respotrse whaBoever. Mors
recentln we harrc obtaiued a police repon indicating ttrat Ms, Ferry has told law
enforcesrecrt tlnt tte ditfereuce of opinion related 36 this prop€rty will be resolved
ouly througb litigation It is unforruuate that this ts her positiou, but Mrs. Rtrtherford
is prepared to respond appropriatdn when and if Ms. Ferry ctrooses to take that
coutse ofactiou.
In the interim, in view of the lack of any response to our trlost recent suggestion
drat our dieuts meet tbis ltursday or Friday, it may be appropriate to sugtest sotne
ground nrles, based upon pra.ctical humanitariaru and legal considerations.
Your client belierrcs tlat there exists a comrrron right to use ttre driveway on Ure
Rutherford sideof fheresidence, despitetlrefactthatparkinghas nowbeenpermlned,
on an interim basis, on the Ferryside of thc resideoc€. It seens apparem that there
would be no need for parkiug by the Fer{y tenatrts in the Rntherford driveuray were
it not for the fact that the Ferry tenants must park four cars on the prope[y, in
violation of the covelrant linititrg parkingto lwo permanent cari8. In any €vent this
TEIEPXOT?:(97O).i76.O$)O
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|(alE'l n. PUXtl. CLAS
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'00-01-12 08:28 FrorDlllll "ti|||, HnlELLo
conduct has created a health and safety bazald for Mrs. Rutherford's 7O-year old
mother, I\[rs. Ann n"peni, who residesin the residence' fte driveway cannot be
.o*pr"luty plowed ani on occasion it has been necessar5r tbat Mrs' Repetd personally
ghOrel the Srrow tO accgss bet frout Sate because of the presence of a tenant's car at
rhat location-
Ihe cause of the proble6 involvingthe Rutherford driverrrayis, of course' the
fact that Ms. Ferry hes altectea ner tenants to park inthe driverrvay on the Rutherford
side of the residence as a conditlon of their contioued tenancy. One has been erricted
because he did not do so. Although remarkable ilr its ingenuity, that direction by Ms.
Ferry can only be constnred as an aftempt to harass Mrs. R€petti ang Mrt. Rutherford
itrto submittislg to yotu clie-nt's wishes. ff tnis aitrereoce of oplnion is eventually to be
resolved through utigation, it is dificult to imagine how that strategy could s-enlre her
o*". fn any evem, it t.iin" clear that both the police ani trgr-tgants understaud
M* Fer4/s "l.oda and neither wish to have aoythiag to do wirh it.
I have advised you tlrat ttre oppornrnity to hatle our clicnts mlet and discuss
their differernes is U;ited to t[is weekt suggested meeting times' It seems that Ms'
ie"ry sCll does not wish to tat(e adlrantage of this oPPorHnity. The Town has been
g.oitons euotr8h to Fant a four montlr erCension of Ms. Fcrrfs off-street parking'
[;til M;: Ferry-wisb& to dlscuss wider issues in a civil manrcr, ltdrs. Rutherford is
willirU to Jottrin an applicadon to the Tormr to have Ms. Ferr/s temPorary garlFg
aesigfratei * p*oat-tt parking. Whether or trot the current issue is t'esolved on
either a tempoi"ry ot petrnanentEasis, Mrs. Rurherford renains wrUing 1o wgrk witb
nnt. f"try to i.sohie afottrer issues associated with the use and potential dwelOpment
ofthe property,
The Town of Vail has suggeted ttlat Ms. Ferry cooPef,ate in derrcloping an
alternatfirc to the regime oottt gotterning fhic ltfoltefiy. I\rlrs. Rutheford is oPen to
suclr discussions, as she always has been.
t70{t8{185 T-330 P.03/03 F-3r2
xc: Mrs. Susatr Rudrerfofd
Town ofVai! DeparEDent of Commrnity Devdopment - Atteution: George R[ther
Town of Vail, Police Depannent - Reftrence File No. 99-03966
AL/07/280A 20:37
't' l
:.
97847E558I ANN REPETTI PAGE 61
January8, 1999 '..
Dear Mrs. Repetty,
. F_t
I just wanted to t'ke this opportunity to aporogize for evwthine trrat
wantcd ro participate rn the wrrole ioea of pa*ilt; t;";il;;;fi;;or"'li" ' ..
,rt . ' any disputes or legar, rnattnrs that you and my tanotorJ mav rr""" l'i*i**rri tolet vou know th-41-I was berng thrcatened to u" i"irtJ if iaid oo, p.ni"lp"ie - '-
. , acoordinglv and i'm sorry lfi have caused you any inronuenience Uv pariing. thcre. Asyou rnay have noticed, my roomatcs Nnd I haven,t been parking on'yoo.driveway because we do not u&nt i0 cousc you any more trouble. w".ilrit ,*;t"d: to d0 what w.as ri$t, and doingtho right thing
"ost
rns prace to rive. I was, .,rn',r,.: .,,., ,gagshtrn e situation'wltulgl was,rJoing sonlening in spite towards sorncone I had:t, r i nev€rmetandhasncvgrdorcrmcwrong. Idoapologzeand I hopeyoul: ' . ydn"g{ it was Kave givine,these cortditions ior tri" to bc parkinFiheie, we[I hope all is weil and maytc we c*n meet in the fururs under better
cirsurnstances.
.H.:?4/
,/' tohovergel
F'[E COPY
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2 r 38
mx 970-479-2452
December 20,1999
Kaye Ferry
2395 Bald Mountain Road
Vail. Colorado 81657
Re: Extension of the Temporary Parking Approval
Dear Kaye,
The purpose of this letter is to inform you that the Town of Vait Community Development Department has extended
your temporary parking approval.
As you are aware, the six-month temporary approval granted by the Town of Vail is set to expire on Friday,
December 24,1999. Since a permanent resolution to the parking situation has yet to be reached, the Town of Vail is
extending your temporary approvai. The approval has been extended to Ap,ril 24, 2000.
In the interim, it is imperative that you diligently pursue a perrnanent solution for parking on your property. The
temporary measure is not intended as a permanent solution, I do not foresee another extension being granted by the
Town. To avoid last minute fmstrations in April, I am hopeful that we can use the next four months 10 work
coop€ratively towards a permanent solution.
Should you have any questions, please do not hesitate to call. I can be reached by telephone at 479-2145.
HappyHolidays,
J-t -K,rtA^/
George Ruther, AICP
Senior Special hojects Planner
Town of Vail
Xc: Vail Town Council
Tom Moorhead, Town Attomey
Art Abplanalp
Susan Rutherford
Wendell Porterfield
{g r""nuor^ro
L2lg2lL999 11:43 713877L759
Nov-ze-es o6:oEP ..*11.."
5 RUTHEFFORD PAGE 6L
P. Ol
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Dcar Wcndcll:
t."*1ry9 $t- t{t. .lTry htt dirc$ed her tcnanrs to park in my clicnr. susan Rutbcrford,s drivcwaytt ['or l. lllock 6. vail Village lTn t Filing. As t prwiously str,ra in iiy r"ucr of Novcmber I l.1999' this-drivcway is a private driwway for ihc solc usc of Mn. Ruthertbrd, hcr renanr\ gucsrs. andinvitccs' we hcrcby dcmandrhat |ts. Fcrv.s- rgnants ccase rrarking in ttri nurtrcr.lirrd drivcwe;-, ordthat thsre fhc no futurc uttonlpt on the prt of tvtr. 1"..rv hcr tcnrnts, grrcsls, or invitecs ro prrk in thcRuthcrford driveway. ln aidirion. phraenptr ttaj or u,. ro"irtiri.. it."loi"ion for rhc McrcerJohnson Townhonrrs givcs.Ms. Fcrry rtrJright to park nor rnorc than two auo-or, ahe propcrty, andshc is violoting this scction by pa*ins hur tirs on iho prop.rty.
ln yoru lettcr of Novembcr 3, 1999, you rcqucstcrl written evidance for the conscnt of thc owner ofParcel Il to the construction of fte garage h/ ttre owner of parccr e. i|.,u".
"""l"scd lbr your rsviewa copy of that writrcn permission.
If you have my questions. pleasc do not hesitate to call.
Sincerely.
4.,* A fu/t+
Lawrcncc A. tiskwith
LAl,:;lg
Enclosurc
cc Susan Rutherford
wEnDr^ltAxrnDc.l{| louTtltolYrAcl roAD ntl, lurr tlY^lLc0l.olADo|r|ct' | --
iltDrotNB rttu,.ra{trt^olmuor!,.rldt
Novcrnber29. 1999
VIA FAX & MAIL
Mr. Wendsll B. poncrfictd, Jr,
Otto. Portcrficld & po:rt, l.,LC
P.O. Box ll49
Vail. CO tt65t
My Clicnt: $urrn Ruthcrfo
lliar* Thc Krthl
THIS ITEM IVIAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in
accondance with Section 12-3-3 of the Town of Vail Code on Tuesday, November 2n" at 2:00 p,m. in the
Town of Vail Municipal Building, located at 75 South Frontage Road In consideration of:
ITEM/TOPIC:
An appeal of the Town of Vail Planning and Environmental Commission's denial of a request for a variance
fiom Section l2-6C-9, Torvn of Vail Code, to allow for two-family primary/secondary residential site
coverage in excess of 20% of lotarea, located at 1007 Eagle's Nest Circle / Lot I, Block 6, Vail Village
Filing 7.
Applicant Kathleen Ferry, represented by Eric Johnson, Architect
ACTION REQUESTED OF VAIL TOWN COUNCIL: Uphold, Uphold with modifications, or Overtum the
Planning and Environmental Commission's decision.
BACKGROUND RATIONALE: The appellang Kathleen Ferry, went before the Town of Vail Planning and
Environmental Cornmission on October 10', 1999 to request a variance from Section l2-6C-9, Town of Vail
Code in conjunction with a proposed residential addition at the above-referenced property. This request was
for development of the lot with a site coverage of 22.6% of lot area (applicable zoning allows a maximum site
coverage of 20o/"). The Planning and Environmental Commission held that approval of the variance would
collstitute a gnnt of special privilege and voted unanimously (Galen Aasland abstaining, Doug Cahill absent)
to deny the requcst.
The application and information about the proposal is available for public inspection, during regular business
hours, in the Community Development Departnent, located at the Town of Vail Community Development
DeDarfinenl 75 South Frontage Road.
$ 6g,lttCtc Ulqe,-0 D6/,r*r- wr'4y'r140.,,Jurl or, t(/ulst
ral27/L999 12:Fe 71387 7L759t
\+crtio" whf, Ms. Fcrry burght thio proparty givcn it's limitationc.
I
S RUTHERFORD
Suru RcpcttiRuticrford
t{66 D[r Leclnc
Eourtor, Trlit 770t|-
mal, rctum rcccipt rcqucrtod
T
f,
Re:
Vl
T(
75
Vt
of PEC dcnid - Novembcr 2, 1999 hcrdng
Octobc27,1999
ovm Council
of Vril Courmuoity Doretoprnclt'
FrontrgeRd.
Colorrdo 31657
CouncilMcurbcffi,
Ms' Fcrry choores to ignorc the writtor objcctioor of hcr ttrcc imnrcoiatc
Nw, Ms. Fcrry choorcs to ignorc thc most rcccot dcnial of the Town of vail,s
utd Etwironqcrild Conurission
I hrBht tbir, duplu pmperty futly aunrc thrr the crilhe lot bad rnry little site
lcft and thrt hcr "Psrccl B" wrg not desigflsted iprimruy'. with tbcsc latcst ptanc,
PAGE A1
thc.ourns of-9* p*poty known as l0or voit veltey Drivc (parcd A), the othcr hrlf
1"P* "q$ t Ka1 F"q (Prrc6t B) My ftnrib hu owncd tbe horuc for nauty 13ud my mothcr, Ann Repeti hrs tirrcd in ttrt house for fic cilrtirc pcri;J.
-rrri,
i.tto ,riuto orptrets my objcctioru to Ms. Ferryt appcal.
obtainiag clcar titlc to ttis pfopcrty, Ms. Fcrry hrr ignorcd my tatss urd has rEfucd
much lccs mcct with me. tlntilrc Mr Fcrry, ry motl- disorsr"d 8nd obtairrcdftomlgcd B'r prcviout oryncrs and hcr ncighbon bef,o,re she *.ccrrnrny applicd to
' f Y9 9r " Eilding pcrmit. Ms Ferry ohooscs ro ignore my r€qu€srs fo; ''
l0(l9i|o offhc entirc totl availablc citG coverrge ud 7J% ofthe tot,s
GFFA. she has elEo d€cid€d to ignore tho exirting party wafi egrccmem that has
the property for 32 yerrs. By overt'rrring tbe pEC's dcnid the counoil would in
condoning there unftiractionc ofMs. Fqny. Ml ['elry wm fir[], i4lbmkd ofth
this ptropcrty but now Btetes that she hag a 'hlrdship" rrd dcurands ftom thc Town a
for e 575rq. ft. 'one clr glngc,'. Any ,hardslrip. Ms. Ferry fccls is truly df
roqucs "is urcd solely for thc 2 car garrgen. ilris is not corrccl. Thso plurs dro
appoximrtely 130 sq. ft. of nerv ritc mverqge for an opandcd ma*er suite. Ms.
qld notacod n'ch a largc varirnoe if shc wcrart uring up rite covurago on thir
"Ilytlol: Mr-Fry c.rn eccrrmmodete her gangit wrhin the g*irting frrotJrtinr of
Eric Jolmron gtatcs in hi$ oct. l, I 999 apptication covcrr lctt€r to tho pEc thlt the
The PEC hrr rrpeeredly poirtcd this out to hcr architect.
TAl2TlLgSg L2:39 7L3877L759 S RUTHERFORD PAGE 02
sq* *qrltd dtcflrptr br r variancc an abusc ofthe Town of vaifs time ard rDoney.
Kay Fccr'' aslrmcl thcrr arc two rcts of dcq one forhcr
tlrc
one for hcr ndghbon. ovcrturning the pECb unoriurour rulfurg wurld bc inrtigatiag
of,thc Town of Vailb zoning rcgulstions rrd uoutd be setting a tcriox
for future dcmnrdr of propclty owners.
thc council Mcnrbcrr to honorthe Town'r zoning rqulrtionr thlt my mothar rrsunrod
bc uphdd whr rhe purcherod her home. It ir inrppropriatc for thc Town council to
8 vldmcc hr M!. Fcrry to oveltuild on r lot wheo ih otlcr co-owmr ofthc lot is in
I rolpcctfrrlly rrk tto council Menrbcffi not to condonc actionr thd have trear ro
to my mothcr md tte nigbborhood. ptcarc
'phold the pEC's urunimour dcnial of
["*
stti./t"rtRlrp
Kry Fcrry
WENDELL B. PORTERFIELD, JR.
WILLIAM J. PO6T
ANN E. HUTCHISON
Omo. Ponrnnrrnr,o & Postrrrr
AITOMIEYS AT IAII9
POST OFFICE BOX AI49
vArr. cor0RADo 6166&31r.9
October 27,1999
Town Council
Town of Vail
Vail, Colorado 81657
Re: Appeal of Kaye FerrY
Dear Council:
Kaye Ferry has appealed to the Town Council the denial of her application for a site
coverage variance requested from Section 12-6D-9. The Planning and Environmental
Commission denied the application finding it would, if granted, constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the same district.
The property is located at 1007 Eagle's Nest Circle and is part of Lot 1, Block 6, Vail
Village Filing No. 7 ("the Ferry Property"). The property including the Ferry Property is
currently zoned primary/secondary residential. The Ferry Property is one-half of a duplex built
on Lot 1 in the late 196O's. The other one-half of the duplex faces on and is known as 1OO1
Vail Valley Drive. That property is owned by Susan Rutherford .
In 1989, Ms. Rutherford added a 280 square foot garage to the north side of her unit.
The garage was built on common area. The Ferry Property however has no driveway, no
parking and no garage. On-street parking is not permitted.
The appellant seeks to add an enclosed two car garage to her unit and for that reason
would require a variance. As proposed, the addition of a garage would cause site coverage
to be approximately 22.60/0, exceeding the allowable 20%.
Because the variance is not a grant of special privilege as envisioned by the Town of
Vail ordinance, a variance for the site coverage is requested, At the hearing of this matter,
Ms. Ferry will present other evidence regarding her position.
PHYSICAL ADDRES9:
@51 EAGLE ROAD
EMERALD ACRES BLDG. III
EAGLE.VAIL. COLORADO 8 I 62()
TEL. (970) 949-534()
FAX (970) e46-9t 36
Kaye Ferry
APPEALS FORM
REQUIRJD FOR FILING AI\ APPEAL OF A STAFF, DESIGN REVIEW BOARD OR
PLAI\NING AND ENVIROI\MENTAL COMMISSION ACTION
A.
B,
c.
DATE OF ACTION/DECISION:
NAME OF BOARD OR PERSON RENDERINC THE DECISION/TAKING ACTION:
D.
LEGAL DESCRIPTION OF
E,
NAME OF APPELLANT(S):
PFTYSICAL ADDRESS IN VATL:fuv,r-,roru. t4, /F>t/./
rY N VArL: ' i( t 't //n-#-
SIGNATURE(S):
Page I of2
F.Does this appeat involve a specific parcet of land? (4 (' Ifyes, please provide the following information:
areyouanadjacentpropertyowner? Yes- nol L
If no, give a detailed explanation of how you are an "aggriwed or adversely affected penon." "Aggrieved or
adversely affocted person" means any peaon who will suffer an adverse effect to an interest protected or
furthered by this title. The alleged adverse interest may be shared in common with other memben of the
community at large, but shall exceed in degree the general interest in community good shared by all persons.
Provide the names and addresses (both person's mailing address and property's physical address in Vail) ofall
owners of property which are the subject ofthe appeal and all adjacent property owners (including properties
separated by a right-of-way, steam, or other inteilening barriers). Also provide addressed and stamped envelopes for
each property owner on the list.
On separate sheets ofpaper, speciff the precise nature ofthe appeal. Please cite specific code sections having
relevance to the action being appealed.
FEE: $0.00
c.
H.
Page2 of2
H.Appellant sought a variance from the site coverage limitation found at
Section 12-6C-9. The variance was sought under 12-17-5 and 12-17-6.
The appellant seeks to add an enclosed garage to duplex lot that has no
existing parking. Site coverage would have increased to approximately
22.60/o when allowable site coverage is 2Oo/o. Appellant was turned down
by PEC which held that variance would constitute a grant of special privilege.
A"ffi
P'[ Iunlwl
\o/
PLANNING AND ENVIRONMENTAL COMMISSION
October 1 1, 1999
Minutes
MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT:
John Scholield Doug Cahill Fluss Forrest
Galen Aasland Dominic Mauriello
Diane Golden George Ruther
Brian Doyon Brent Wilson
Tom Weber JudY Rodriguez
Chas Bemhardt
Public Hearino 2:00 p.m.
John Schofield called the meeting to order at 2:00 p.m.
1. A request for a worksession to begin preliminary discussions with regard to the proposed
redevelopment of the Vail Village Inn, Phase lV, located within Special Development
District No.6.
Applicant: Daymer Corporation, represented by Jay Peterson
Planner: George Buther
George Ruther gave an overview of the staff memo.
John Schotield asked if the applicant had anything to add
Galen Aasland asked if the applicant had requested that the PA Zoning be the underlying zoning.
Jay Peterson, representing the applicant said, for the record, that the applicant requested the
new PA Zone District be the underlying zone district.
John Schofield asked where the height grade was taken from.
George Ruther said there were existing grades before anything was developed on the site.
He said he would like the PEC to address the north 68' building mass by the Gateway Building
and how it would fit into the Vail Village Master Plan.
Galen Aasland asked if the FFU's would be 1/1 2 ownership.
Jay Peterson said everything that is not sold will be operated strictly from a hotel standpoint and
the other units would be sold in 1 or 2 week intervals. He said that 28 weeks would be sold and
24 weeks would not be sold. He said this plan met the site constraints, was compatible with the
surrounding area and would be a first class hotel in Vail Village. He said they felt that this_was
the best soiution. He said they would lose 12 rooms if they had to set the building back 12' on
Vail Road and he mentioned that they had now put living space in the roof area'
1
Phnning and Environmental Commissbn
Minutes
October I l. 1999
Jack Zehren, of Zehren and Associates, explained the position they were taking on the setbacks.
He said originally the front arrival was off the Frontage Road and he agreed that the sense of
entry was not clearly apparent. But he felt good landscaping around the street into the auto court
would give that entry sense.
Tim Losa, Project Manager ol Zehren and Associates, explained how the perceived mass of the
buildings was looked at.
Jack Zehren said the goal was to relate the height to lhe neighboring buildings and that the
ridges of the buildings were stepped down. He said there was a lot of articulation and change
from the eave line to the Plaza.
John Schofield asked about the absolute height.
Tim Losa said the absolute height was two feet above the ridge and that the master plan defined
height as three to four stories.
Jack Zehren said a backdrop with continuity was a goal for the pedestrian circulation. He said
the pool area with a glass wall would add a spatial effect leading into the spa. He suggested
terracing the landscaping into the pool area or a sunken garden effect. He said it would be the
centerpiece of the area.
John Schofield asked what the grade change would be from lhe walltway to the pool.
Tim Losa said the teracing would be accomplished with planters and trees.
Jack Zehren said the stepping would begin 5' from the pool and then an additional 8'. He thought
they might tenace the pool area with some hot tubs. He then said building materials, lighting,
graphics and paving would give a sense of entry into the Porte Cochere, but felt the points of
entry for the pedestrian area were more important than the auto entry.
John Schofield asked for any public comment. There was no public comment.
Tom Weber asked what was happening in the courtyard with the double corridor. r
Tim Losa explained it as a landscaping area.
Tom Weber suggested more mass there. He said he was comfortable with the Vail Road
setback and would not be in favor ol the north/south massing. He said he liked the scale down
into the Phase V area. He said that light in the lobby was important and it should be at
pedestrian level with retail; as it was now it created a barrier. He said he thought it important to
show the stepping and asked if this area was private . lf private, he said he would be more in
favor of having it sunken. He said this provided a chance for a surprise courtyard with retail in
the area with an opportunity to tilter through the hotel. He said that the model was a disservice
and he would like to get a set of full-size plans in the final packet. He said he would like the
plans sooner than the Friday before the meeting; perhaps Wednesday or Thursday, with color-
coding for public vs. private facilities. He said the vertical masses make the front entry evident
and was encouraged with how the FFU's will work. He suggested pulling back the corner tower
unit and that it could be tumed around with slight modifications.
2
Planning and Environmental Commission
Minutes
October I l. 1999
Brian Doyon said he would like to see a full set of drawings with dimensions from the edge of the
curb. He stated he would like a good reason to deviate from the setbacks with a detailed public
benefit. He said, except for the building in front of the Gateway, he was comfortable with the
height. He said the PEC was required to look at the impacts on adjacent neighboring buildings
and this would put the Gateway into the shade the majority of the day making it a substantial
impact. He said he would like the applicant not to turn their back on the Gateway. He said he
liked the pool higher with stepping down, He stated that all north-facing walls would not get sun.
He mentioned this as a fantastic opportunity to get a new loop in Vail by changing the tower by
the Liquor Mart to look more interesting and invite more people in. He said he would like to see
more landscaping when you came out of the Siamese Orchid. He said he would like to see an
access connection to the Gateway.
Jay Peterson stated the owner of the Gateway wanted the connection on the south side and we
could provide a letter from the Gateway stating this.
Brian Doyon said he would like to see more detail so that he could understand the entrance on
Vail Road and the AU's were explained well.
Galen Aasland said he was ok with the height and that the Master Plan suggested the tallest
buildings be located on the Frontage Road. He said he liked the stepping down, but he thought
the ridgeline in front of the Gateway could be improved. He said the pool was a pit, the spaces
between the buildings needed work and the little tower didn't work. He thought the shallow
pitches on the two towers worked.
Chas Bemhardt said he liked the roofline on Meadow Drive and his main concern was the light
and space infringement on the Gateway Building. He said the pedestrian area needed to get
less narrow towarG Meadow Drive.
Diane Golden said the Gateway was too close to Vail Road and she had no problem with the
height. She said she was not comfortable with the pedestrian circulation from the front entrance
to the Tower, as it seemed very narow and very cold.
John Schofield said Vail Road setbacks need a reconciliation of numbers; whether it is 29' or 45'
and built into the property line or the curb line. He stated not changing the setback dramatically,
since this was substantially more mass than the Gateway. He thought we should look at the
average setbacks in total and that he was completely comfortable with the height. He said his
greatest concern was with the pedestrian corridors and access. He would like to see how
pedestrians get around the pool into the hotel. He suggested differential paving creating paths.
He suggested an archway from the tower over the other building to get people into the hotel. He
said the building entrance on Vail Fload was where it ought to be with maybe more of a setback
on Vail Road to be led into the entry. He said he had no problem with the FFU's, but asked what
would happen il the FFU's did not sell.
Jay Peterson said unsold FFU's would become part of the hotel. He said if the applicant wanted
to sell more weeks, we could have to come back to the PEC.
Brian Doyon asked about a traffic study.
Jay Peterson said there would be a color site plan along Vail Road, with more detail before the
final review. He said the parking takes care of itself.
3
Planning and Environmental Commissbn
Minutes
October I l. 1999
o
John Schofield suggested the rooms on the east side making great EHU's.
2. A request for a variance from Section 12-6C-9, Town of Vail Code, to allow for two{amily
residential site coverage in excess ol 20/" of lot area, and a request for a corditional use
permit, to allow lor the construction of a Type ll employee housing unit, located at 1007
Eagle's Nest Circle / Lot 1, Block 6, Vail Village Filing 7.
Applicant: Kathleen Ferry, represented by Eric Johnson, ArchitectPlanner: Brent Wilson
Galen Aasland recused himself.
Brent Wilson gave an overview of the staff memo. Brent stated the application had been revised
since the previous PEC presentation and that the employee housing unit (EHU) was no longer
part of this application. He said, for lhe record, that this lot was a conforming lot and he read the
criteria into the record. He said any hardship stated would be self-imposed, as staff could not
identify any hardship on the lot and that since major structural work was proposed for the
residence, the applicant essentially had a "blank slate" to work with. He stated that all required
olf-street parking could be accommodated on this lot without a variance and that garage parking
was not a requirement but rather an amenity. He stated there was enough site coverage
available on the lot without a variance to construct a one{ar garage.
John Schofield asked if any site coverage variances had been approved in the neighborhood.
Brent Wilson said not in the immediate neighborhood.
John Schofield asked if the applicant had anything t0 add.
Eric Johnson, representing the applicant, said the hardship was the proximity to the adjacent
property owner or other half ol the duplex. He said they were working carefully within the existing
structure. He said this satisfies the intent of the Town desiring larger storage areas and garages.
He said if surface parking were allowed in the front part 0f the site, it would be more of an impact
since the paved area would be larger. He said that 3 parking spaces were required and that this
is only a 1-car garage. He again mentioned the hardship and said the basis for not being
considered a special privilege, was that we had to work within the existing struclure.
Brent Wilson explained the garage credil allocation and explained that if this was a one-car
garage, it needed to be scaled down to 300 sq. ft. as garage credits are allocated on a "per
space" basis.
Eric Johnson said this was for a single car within the two-car garage.
John Schofield asked how much was being torn down of the structure.
Eric Johnson explained they were only removing 25-301" of the existing structure.
Brent Wilson said the addilional 250 sq. ft. could be a key issue. lf 50% or more of the floor
area were to be removed, then the project would be considered a "demolition/rebuild" and the
250 bonus credit would not be available to the applicant.
4
Planning and Environmental Commbsion
Minutes
October I l. 1999
Eric Johnson said staff did not advise the applicanr about the 250 sq. ft,
Brent Wilson stated the plans submitted show the existing footprint remaining intact and said the
architect stated previously on the record that only walls would be removed.
John Schofield asked for any public comment.
Flo Steinberg, a neighbor across the street from the applicant, said she had lived there for 30
years and supported the applicant in what she wanted to do. She said it was wonderful to have
another lull-time neighbor on the street. She said the hardship was that it was a duplex and it
was very difficult to have two families agree.
Larry Eskwith, representing Mrs. Repetti, asked how many letters were against this application.
Brent Wilson stated they were all attached to the staff memo.
Larry Eslrwith said to grant this variance would be a grant of special privilege. He said there
were three variances tumed down for garages and setback encroachments in the neighborhood.
He explained that a variance was an applicant asking lor relief from the zoning law and therefore
should be granted sparingly. He said that a hardship was restricted to the site itself. The area
they are requesting to encroach is owned by both parties as common area. He said it was being
requested that one of the parties would get all of the remaining site coverage without permission
from the other party, Mrs. Repetti.
John Schofield explained that the Town of Vail would not be a pariy to the agreement and that
any private party wall issues would not be addressed in the public forum.
Larry Eskwith said that four neighbors opposed this, as it would have a negative effect on the
neighborhood.
Wendell Porterfield, the attomey representing the applicant, said the owner of the property was
Susan Rutherford; not Mrs. Repetti and that her garage was put on the property without
permission from the Town.
Brent Wilson stqted that this statement was incorrect. He said Mrs. Repetti obtained Town of
Vail approval for'her garage addition.
Mr. Porterfield said any variance was a special privilege. He asked the PEC to consider how the
garage was inconsistent with other limitations on other properties.
Tom Weber asked why the existing house was the hardship.
Wendell Porterfield said the existing house was the hardship, since on-street parking was
allowed in the 60's and is not allowed now.
Tom Weber said he still doesn't see how the house is the hardship, as the other homes in the
neighborhood were built in the 60's.
Wendell Porterfield said he didn't believe that the site alone should provide the only hardship.
5
Phnning and Environmental Commission
Minutes
October 11. 1999
a
Larry Eskwith said he represented Susan Rutherford, owner of the property and stated that Mrs.
Repetti never put a garage on her property without permission from the Town.
Ann Repefti stated she was not sure but she thought her existing garage was 180 sq. tt. Ann
Repetti said her daughter's letter speaks for her.
Eric Johnson said he tried hard with the design to match the existing duplex and said that the
garage addition tied it in together well.
Brent Wilson stated a survey indicated Mrs. Flepetti's gaftrge was 280 square feet.
Flo Steinberg said the house was built in '1967 owned by the Johnson's and Mercers who were
related who would go back an d forth between the two houses.
Chas Bernhardt said he was in favor of garages and asked il he could build a garage the same
size as the Repetti's. lf she has only 213 square feet of site coverage available and Mrs. Hepetti
has 280 sf then she would be short-changed.
Diane Golden said this is clearly a grant of special privilege.
Tom Weber said this was a grant of special privilege and said the applicant was making it hard
for themselves by putting the garage where it is now.
Brian Doyon said extra site coverage would be a grant of special privilege.
John Schofield said he was sympathetic to both sides in this argument. He said that this was a
grant of special privilege, since nothing had been presented that the lot had any unique problems
or hardships and the other two requests in the last couple of years had been denied.
Brian Doyon made a motion for denial.
Tom Weber seconded the motion.
John Scholield asked fonany further discussion.
Eric Johnson said he would like to table this to apply for a smaller site coverage variance lor a
single+ar garage instead.
Dominic Mauriello reminded the PEC that this was the second attempt to table this item and the
PEC was under no obligation to table it. He said the applicant had not attempted to change
anything from the 1o time it was tabled and that even if the applicant had requested a variance of
1 sq. tt., any variance from the regulations would still be considered a grant of special privilege.
The motion for denial passed by a vote of 5-0.
3 A request for a minor subdivision, to vacate common lot lines to create a new lot, located
at 2477 , 2485, 2487 ,2497 Garmisch Drivei Lots 1 -4, Block H, Vail Das Schone #2.
Applicant: Town of Vail, represented by Nina Timm
6
Planning and Environmental Gommission
Minutes
October I l. 1999
Planner: Allison Ochs
TABLED UNTTL OCTOBER 25, 1999
4. A request for a worksession to discuss a redevelopment proposal involving a rezoning,
conditional use permit revision and development plan epproval for Ski Club Vail, located
at 598 Vail Valley Drive / Part of Tract B, Vail Village 7"' Filing.
Applicant: Ski Club Vail, represented by Snowdon & Hopkins Architects
Planner: Brent Wilson
TABLED UNTIL OCTOBER 25, 1999
5, A request for a conditional use permit, to allow for the construction of a Type ll employee
housing unit, located at 3847 Lupine Drive / Lot7, Block 1, Bighorn Subdivision First
Addition.
Applicant: Randy Nichols, represented by the Mulhern Group
Planner: Allison Ochs
TABLED UNTIL OCTOBER 25, 1999
6. A request for a minor subdivision, to allow for the establishment of a new parcel and the
vacation of platted easements, located on a Portion of Lot 1, Sunburst Filing ff3 (Golf
Tenace).
Applicant: FallridgeCondominiumAssociationPlanner: Brent Wilson
TABLED UNTIL OCTOBER 25, 1999
Diane Golden made a motion to table items 3,4,5,& 6.
Brian Doyon seconded the motion.
The motion passed by a vote of 5-0.
7. Information Update
Russ Fonest informed the PEC that the Town was looking at the lower level of the Library lor
additional beds to be temporary (5 months) housing for the Bus Department.
8. Approval of September 27, 1999 minutes.
Galen Aasland had changes. He then made a motion for approval as amended.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 6-0.
Planning and Envhonmental commission
Minutes
Octob€r I I, 1999
t
Brian Doyon made a motion to adjoum.
Chas Bemhardt seconded the motion.
The motion passed by a vole of 5-0.
The meeting adjoumed at 5:05 p.m.
Planning and Environmental Commissbn
Minutes
October I l. 1999
TO:
FROM;
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
October 10, 1999
A request for a variance from Section 12-6C-9, Town of Vail Code, to
allow for two{amily primary/secondary residential site coverage in excess
ot 207" of lot area, located at 1007 Eagle's Nest Circle / Lot 1 , Block 6,
VailVillage Filing 7.
Applicant: Kathleen Ferry, represented by Eric Johnson, Architect
Planner: Brenl Wilson
I. BACKGROUND AND DESCRIPTION OF THE REOUEST
The applicant, Kathleen Ferry, is requesting a variance to allow for a residential addition with
site coverage in excess (415 square feet) of what is allowed under the Town's Two-Family
Primary/Secondary Residential zoning regulations. The zoning for the above-referenced
property allows a site coverage ol 20"k of total site area (3,188 square feet). The applicant is
proposing a site coverage o'( 22.6"/" ol total site area (3,603 square feet). Site coverage
requirements for lots in the Primary/Secondary Residential Zone District are described in
Section 12-6D-9, Town ol Vail Code.
The applicant's representative has expressed the reasoning for the variance request under
Exhibit A (altached).
The applicant is proposing a demolition/rebuild of the existing residence and the addition of a
two--car garage. The applicant's unit (constructed in the late 1960's) currently has no formally
designated off-street parking. On June 24'n of this year, staft granted the applicant an approval
for a temporary unpaved off-street parking area. Ms. Ferry's unit is currently required to provide
three on-site parking spaces but there is no requirement that any of these spaces be enclosed.
As demonstrated below, there is enough site coverage available within the applicable code
allowances for the applicant to meet this requirement without a variance. Although 213 square
feet of site coverage is available on site (enough for one 11' x 19'garage space), the applicant
is proposing to construct a 576 square foot two-car garage.
Available site coverage under code provisions =
Site coverage proposed tor addition/two-car garage =
213 square leet
628 square feet
o
II. STAFF RECOMMENDATION
The Community Development Department stalf recommends denial of the applicant's
site coverage variance request subject to the following findings:
1. That the granting of the site coverage variance will constitute a grant of
special privilege inconsislent with the limitations on other properties
classified in the Primary/Secondary Residential Zone District.
2. There are no exceptions or extraordinary circumstances or conditions
applicable to this site that do not apply generally to other properties in the
PrimaryiSecondary Residential Zone District.
3. That the strict interpretation or enforcement of the specified regulation
does not deprive the applicant ol privileges enjoyed by the owners ol
other properties in the Primary/Secondary Residential Zone District.
III. REVIEWING BOARD ROLES
The PEC is responsible for evaluating a proposal for:
1. The relationship of the requested variance to other existing or potential uses and
slructures in the vicinity.
2. The degree lo which relief from the strict or literal interpretation and enforcement
of a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity, or to attain the objectives of this Title
without grant ol special privilege.
3. The effect ol the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
4. Such other factors and criteria as the Commission deems applicable to the
proposed variance.
The DRB is responsible for evaluating the DRB proposal for:
- Architectural compatibility with other structures, the land and surroundings- Fitting buildings into landscape- Configuration of building and grading of a site which respects the topography- Removal/Preservation of trees and native vegetation- Adequate provision for snow storage on-site- Acceptability ol building materials and colors- Acceptability of roof elements, eaves, overhangs, and other buihing forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory structures- Circulation and access to a site including parking, and site distances- Location and design of satellite dishes- Provision of outdoor lighting
tv.ZONING AND SITE STATISTICS
Zoning District:
Lot Size:
GRFA:
Site Coverage
Setbacks
Front (Ferry)
Side
Front (Repetti)
Parking (Ferry)
Primary/Secondary Residential District
15p42 square feet (.366 acres)
Standard Allowed/Required Proposed
4,944sq. ft..
3,188 sq. ll. (20"h)
20 ft.
15 ft.
20 tr.
3 spaces
4,943 sq. ft."
3,603 sq. tl. (22.6Yo1
20 ft. (per ILC)
15 ft. (per ILC) / 26 ft.
no change
3 spaces
* lncludes a credit of 250 square feet for the Ferry Residence.
V.CRITERIA AND FINDINGS _ SITE COVERAGE VARIANCE
A.Consideration of Factors Reqardino the Site Coveraoe Variance:
The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff believes the proposed two-car garage is excessively large and
deviates from the zone district regulations more than is necessary to
achieve stated goals. There is no requirement for enclosed parking on
this site - it is simply an amenity requested by the applicant. With a
demolition/rebuild project, the applicant has a "clean slate" to work wilh.
Staff believes any hardship created with this proposal is self-imposed.
The proposed residential addition impacts a number of mature trees on
the property which serve as a buffer to adjacent properties. At their July
21, 1999 meeting, the Town's Design Review Board gave the applicant
direction to preserve the mature trees and to pursue parking options on
other portions ol the site. Staff believes this request lor additional site
coverage further expands impacts on existing vegetation.
The degree lo which reliel from the strict and literal interpretation
and enforcement of a specifirld regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the objectives of this title without a grant of special
privilege.
Staff believes that an approval of the requested site coverage variance
would result in a grant of special privilege. Variance requests for garage
additions on adjacent properties have been denied in the past. Staff
believes there are no unique circumstances, nor any extraordinary
1.
z-
ct.
conditions (such as wetlandsiwater features, excessive slopes, etc.)
which impact the applicanl's lot. The maximum site coverage allowed on
the applicant's lot is 20%. All required off-street parking could be
provided on the site without a variance.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
Staff does not believe there would be any negative impacts associated
with this proposal, if constructed, on the above-referenced criteria.
The Plannino and Environmental Commission shall make the followino findinqs
belore orantinq a variance:
1. That the granting ol the variance will not constitute a grant of special
privilege inconsistent with the llmitations on other properties classified in
the same district.
2. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranled for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulg or unnecessary
physical hardship inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
i
a
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L6lB7/L999 16t57 713877L S RUTFEFFORD PAGE AL
SUSANR. RUTEERXIORI)
3466 ElhIe Lerc
EourtonrTan 77CI27
nril, rcturn rcceiptrcqucctod
M.7,lggg
Phrdlg cd En'iromutal Cmiuisr
ofVril
FromgeRord
Cobrdo t1657
ofKry Fcrry - Octobcr I l. 1999 hcadng
ut rwre ftom rry cadic corcspondence to you dued JuIy 21, 1999, I rm ihc oryncr of
lurotrn rs l00l Vdl Vdloy Drive, thc otlrcr haf,of tt dupl"x owncd by Kry fcrry.
will s€rt E to ogrcs ry comirucd objoc'tions to Mr. Fcry's rmadcd plms.
Ettcrnpt to rtcolw orr conccrng witb Ms. Fcrr/s cerlicr pluts, I satt oorrcspondencig to
crry by ccrtificd mril, copies ofwtdch have beat scnt to tlt town. Dclpitc confirmation
hu rcccirred my lcttcrr, Ml Fcrry har rtfuscd to contact mc or rilcmpt in rry wry to
with me rs hcr nciglfior. Ir thc ftcc ofMs. Fcrrl/r distinci hck of coopcnrion, I ftd it
thd lrcr rrchitect'r lctrcr to yur drtd Oct. l, 1999, rurw dochra Mr. Fcn)/s
plurs to bo in the 'nutud bcuefit of thc property owlcri'. In hct, Ms. Fcrry has chocco
thoocdr aod cqcqrs ofhrncighbon.
Fcrry bought thir propcrty firlty swttc th thc dlirc bt hd otrly 213 rquarc fca of
sitc covcnge md thil bcr ddc ?rrccl B' rrrr mt dcdgnrted ?dmtry'. IfMs, Fcrry
nrch a largc GRFA rddition wirb a 2 crr grnge sbe Bhould not hlve borgltt tbis
in thc firrt plrcc- Auy 'h$&bip" shp now clafunr is ccrtrinly rclf impored.
rre awue trom nry calicr corcrpondcncc to the Conmittcc, my mothcr has bceo
waithg foryerrr to haw Prrcd B's orvncrlbip dcerndncd rc that slrs could rcrtodcl b
Ovct thc yccrr ry nothcr rnd I havc disqrrc€d nuncrour rilot viriancc rEquattt with tltc
ernployees. rile havc conriSently bccn told that tho Torvn of Veil's buildlng codcg wEtrE
upheld ud thst vuianc.er would not bc givcn. Wc rcspect md acccpt thrt. I am rwrre of
golf course ncighbo'r'r who hsvc msde formd vrrirnce requcsts ard all havc bcat trrmcd
To allow this vriucc rculd be a grrnt of special privilqe to Ms. Ferry. The rules for nry
and her neighbon sbqrld be the s8nc nrlcs for Kry Ferry.
Mr. Ferry har chrtrgd her phns - due to tbis Commi[cds vcrbel rcjcction ud tabfng
earficr herrfug on July 25, 1999 -I curtinuc to bc opposcd to thc modificd planr &r mary
llrrc rcrrons I objocod to hcr erdier plan.
759o
at
of
L6/A7/1999 LA157 7L38 5 RUTHERFORD PAGE A2
PuoelB.
crr/r proposcd phns rhow two sccond floor camilevercd projcctionr tt try additiord lito
(ccctrlpproimAay 60rq.ft., total l20q.ft.ofnew sitc mvcrage). Thc plans do aot
At oim AetUions ofttrce specific rrcas. Ms. Fcrrlr uscs sorna of t}e limilcd sitc covcGse
77L759o
ry /Sccordary status is undst6ftnined. My mother mnsidcn hcr Parccl A ar tho rPrinrry'
MV rnotlrcr has phnc for ranodcling which include sdditiottd GTFA ,td rhe covtmge. Ms.
pirns proclaimhcrself "primary' rnd conrnandeu thc cxtra 50O of GRFA and dl ofthe
iil*te,tlt" cov€rrgc. I do not undagtand where Mr. Fcrry alsrrmct rtre is entitlod to tll of
tbc Milrble dtc conrrgo. Thcsc irsues wcrE clcU to Lls. Ferry tong bdore rhc rCccived
and
ftn e 575' g,rqgs. i questioo wlry the dchitect's Oct. 1 , t 999 bttcr to you rtetcs that the
(is) uscd oay m ttr" 2 cer gnnge.' In frst, Mr. Fcrry wor"rld not uecd nrch r lrge
vuimce for hcr prage ifrhc wcr€ ml rr*irg somo ofthc site coverege up m her
nritc addition
CRrA ura rlt the sitc covcragc htt dso erlitled to dc@nd part of my ooth€ds
for hcr ncw mastar nritc?
erry's proporcd ptuu do anray withthe joitrt ctsirc.lc thst bssbeeo in placc 32 ycan ard
rs the only oCaior aoccSlt to th. scoord floor.
ryosed plans havc windows end doors in thc party well that would infringe on rry mothedr
.'Ihe pianr ornit the west elevrtion which would $ow thc impact on my mothads home.
Out I rcaohttiotl Uqlifc Ms Ferry, my mOthcr dis6ur$d rnd obtaincd apprsvEl ftom
B'r prcrrious orrmcrs and hcr neigbbors beforc shc nrcccsfirlly aPplied to thc Towa for a
pcnnit.
rc,rry'r sccond lloor rdditions woutd bc on part of my rnothcr's dcck that hrr baen in place
thc tuilding wes coostnrctcd. Docs Mr. Fcrry ast||rnc thlt drc ir not mly ciltitld to thc
the committee to rcspest the Town's building codeo thrt my mother rssum€d would bo
when she purchascilher homc. Ths Commitee would be in*igrting the brcskdown of
, I would lfte to point g(il thst Ms. Fcrry is choodngto igrnrc the Pe*yWdl Agracnt€nt
wcmc thc ure ofthc housg. 5116 ha5 refirrcd my rcpcrted rttempts to honor this agrcCnant
$udilds ifthqt sct a preccdail with thic wixlcc roqucst-
A,nn Rcpdti
Kay Fcrry
16/66/1999 15:11 7l3B77L S RUT}EFF(RD
SUITAII N. RUTETRNONDtaa6Elrlrcl.lrc '
EonnoqTczt TlO27' pbn TllD7-r6at I.r 7rgll-1739
ctdfiod mrit taum rcccipt roquodcd
An3tut 13,1999
Mnl(ryFrry
2395 EddMom|eln
Vril, Cololrdo t1637
DqrKry.
I wrr dtnppointcd pu did nol rcrpond to my offer to mct in Vril drring my t!ffi
vilt. I urdcrltrtrd rh$ you lt roiring rnd rcrubnitting plrrrr for the duplor rnd thrt a
Sopt. 27, 1999 hcrirS hrclrdrdGd.
Kry, I tmid yor thrt thc prrty wdl ogrcccrrnt crltr forprior rpprovd ofcrtcrior
chttgGr. Wc will hrw to work bgahcr if ury progrcrc ir to occrr. Ar yor, md thc DRB
know vcry udl, ruy Mothcr rnd I lnve bccn puiqtly writing dutiry thc pert fve ytdt for
onnrcr:[ip of ddo B to bc dcibd. Now thrt pu hrvc rccciucd titlc plcrr cofrct
no irmcdirtdy ro thet sc mry rorolvr Oc ritc covrrqgc rnd pitarry/ncudty iru6. I
rm unrbh to dstcrminc the dec of rny futurc eddilioar withoul tlrrc irnrcr bcing
759o PAGE 6T
Obvioud/- I orpcct to raccirrc copicr of my futurc eppfcrtiou md plrnr pic to pur
rubmittittg thcm to thc torr'n. Plcr* rard thmr to my rd&co dtoyvn rbow.
h. I r- lbtrl-r5.hl..ratlt. ..
lr-r tr=:Ir.Ir lDrErtI!
ru ar|tG:arb:----.rE-
f7
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cc: DRB, TomofVril
M$. tulRcpctti
| -ro d.fl D
tcbwhg l-rar'lf!r rrfrl: .r. 0 Addinl
I* stirr'.
...-. €coo '
0CT. -05'99(TUE) 10,41
octobsr 05, 1999
Mr. Brcnt Wilson
Town of Vail, Colorado
Departmcnt of Commuity Dwclopmcnt
?5 SouttrFrmtageRoad
Vail, CO 81657
DerMr. Wilson;
I am writing to object to thc variarce rcquest dstEd October 1, 1999 regarding the following:
KAY FERRY RESTTIENCT, LOT I' PARCEL B, ETITLDING 6l vl+-vll.rl\GE
FILING 7, 1007 EAGLES wbsr clncl-,E| vArL' coLoRADO' 816s7
I am lhe qwner of an adjacent lo.t io tho wlst ol$c subject property- Bcfore I consructed my
homc at 967 vail val"v Oriu"i ,.q*tt"a a set back variance to provide morc se'paration for my
ffi:il[;:;;ri ;J ,lr","bject two parry building. In sptr" of myneighbors support of
G,,"q"*a *a oo uaror" affcct on any puty I was denied a varianco on ttre basis that this
would be "special Privilege."
I
ft u prertt "a"iance
request inoreascs thc coverage beyond that allowablc and increascs thc
GRSA by 250 square fbJ;;;;"* far morc sign-ificant thrr my sirnple request for set back
relief.
I object to this spccial privilege requcst for additionat building on the subject lot which I beliwc
wilidetract &om my views and thc value of my tronc'
Sinccrely,
T{ALDENS'/ERSTTY
Chandelle Ventures Inc.
t4illl Watdcn CcnlerDrivc'Bonitr Sprlngr, r'L 34134
(941) 94S-l0lll.Far: (941) 9s-10f 2'e'mdL der@wcldenu'cdu
P. 002
DEA/au
ocT w 'g) La.wpn PA TRII'R CORPCRATo I0{P.?./?
!fL(-r \!/.tl !rPtaI. Nlw v:)LK. iiY l'joc.-(, \ 2.? J 3. | ', 5 5 r {I. 212 ;:.3 .4?4n
NATR|NA
Octob€r?,1999
Mr. Brent Wilson
Town Plurning and Environrnental Corunission
Town of Vail
75 SouthFrontageRoad
Vail, CO. 81657
DearMr. Wilson:
In reference to an application for a variance by Ml Kay Ferry, 1007 Eaglar Nest Circle, I
stand opposed and would like to go on r€cord as srch. My principal concern is that the
requestlo o<ceed the site coverage typically pcrmitted by the Town Ordinance to'build a
20 foot high two car garage is absolutely irnppropriate. I would ask the Comrnission to
consider the applicant's claim of hardstrip results from a desire to simply mainUin the
foundation; it will be the neighbors who will sufftr hardship if nrch r large struct.Ee is
built. I respectfirlly suggest that the apptcant and her architect find a way to build a
garage within the odsting footprint.
I have another concem that may or may not be approPfiate for the Cornmission br* is
worthy of some considerdion. If one "sidd' of a duplex requests and is grauted varianccs,
wbat is the chance that tle Town will succes$rlly deny a similar request frqm the oth€r
,,side,,? Is it possible that this structure will ultimately grow to a very disproportionate
su;e?
Eagles Nest Circle is a simple orl de sac, ringed with mod€st homes. Please Protect the
character ofour little neighborhood and deny the application as submitted. Thank you for
your consideration.
Cordially,w
Daniel deRoulet
1042 Eagles Nest Circle
Vail, CO 81657
Sr() iA(]t M.4 l'll,Gt ite l\i SOt UTIONS
Date Receive,
ocT 2 2 1999
SUSAN R RUTHf,RFORI)
3466 Blla Lee Lane
Houston, Texas 77027
certified mail, retum receipt requested
Town Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: Application of Kay Ferry - October ll,1999 hearing
Dear Commissioners:
Oct.7,1999
As you are aware from my eadier correspondence to you dated July 21, 1999,lam the owner of
the properfy known as l00l Vail Valley Drive, the other half of the duplex owned by Kay Ferry.
This letter will serve to express my continued objections to Ms. Ferry's amended plans.
In an attempt to resolve our concerns with Ms. Ferry's earlier plang I sent correspondence to
Ms. Ferry by certffied mail, copies of which have been sent to the town. Despite confirmation
that she has received my letters, Ms. Ferry has refused to contact me or attempt in any way to
work with me as her neighbor. In the face of Ms. Ferry's distinct lack of cooperatioq I find it
astonishing tlrat her architect's letter to you dated Oct. l, 1999, now declares Ms. Ferqy's
proposed plans to be in the "mutual benefit of the property owners". In fact, Ms. Ferry has chosen
to ignore the needs and concerns ofher neighbors.
Ms. Ferry bought this property fully aware that the entire lot had only 213 square feet of
available site coverage and that her side "Parcel B" was not designated "Primaq/". If Ms. Ferry
now desires such a large GRFA addition with a 2 car guage she should not have bought this
property in the first place. Any "hardship" she now claims is certainly self imposed.
As you are aw.lre from my earlier correspondence to the Committee, my mother has been
patiently waiting for years to have Parcel B's ownership determined so that she could remodel her
home. Over the years my mother and I have discussed numerous minor variance requests with the
PEC ernployees. We have consistently been told that the Town of Vail's building codes were
strictly upheld and that variances would not be given. We respect and accept that. I am aware of
mother's golf course neighbor's who have made formal variance requests and all have been tumed
down. To allow this variance would be a grarfi of special privilege to Ms. Ferry. The rules for my
mother and her neighbors should be the same rules for Kay Ferry.
Although Ms. Ferry has changed her plans - due to this Committee's verbal rejection and tabling
at the earlier hearing on July 26, 1999 -I continue to be opposed to the modified plans for many
ofthe same reasons I objected to her eadier plans.
Primary iSecondary status is undetermined. My mother considers her Parcel A as the "Primary"
side. My mother has plans for remodeling which include additional GRFA and site coverage. Ms.
Ferry's plans proclaim herself "Primary" and commandeer the extra 500' of GRFA and all of the
lofs available site coverage. I do not understand where Ms. Ferry assumes she is entitled to all of
the lot's available site coverage. These issues were clear to Ms. Ferry long before she received
title to Parcel B.
Ms. Ferry's proposed plans show two second floor cantilevered projections that use additional site
coverage (each approximately 60sq.ft., total l2Osq.ft.of new site coverage). The plans do not
show all of the elevations ofthese specific areas. Ms. Ferry uses some of the limited site coverage
to make these master suite projections and then professes a hardship in needing extra site
coverage for a 576'garage. I question why the architect's Oct. l, 1999 letter to you states that the
"varian@ (is) used solely for the 2 car garage." In fact, Ms. Ferry would not need zuch a large
site coverage variance for her garage ifshe were not using some ofthe site coverage up on her
master suite addition.
Ms. Ferry's second floor additions would be on part of my mother's deck that has been in place
since the building was constructed. Does Ms. Ferry assume that she is not only entitled to the
500'of Primary GRFA and all the site coverage but also entitled to demand part ofmy motheds
deck for her new master suite?
Ms. Ferry's proposed plans do away with the joint staircase that has been in place32 years and
has sewed as the only exterior access to the second floor.
The proposed plans have windows and doors in the party wall that would infringe on my mother's
privacy. The plans omit the west elevation which would show the impact on my mother's home.
Finally, I would like to point out that Ms. Ferry is choosing to igrrore the Party Wall Agreernent
that governs the use ofthe house. She has refused my repeated attempts to honor this agreement
and work out a resolution. Unlike Ms Ferry, my mother discussed and obtained approval from
Parcel B's previous owners and her neighbors before she successfirlly applied to the Town for a
building permit.
I ask the committee to respect the Town's building codes that my mother assumed would be
upheld when she purchased her home. This Committee would be instigating the breakdown of
our neighborhood standards ifthey set a precedent with this variance request.
Verytruly
Susan
cc: Mrs. AnnRepetti
Ms. KayFerry
ocT, 1.1999 12:20P1[N0.3954 P. 2
Oc$ber 7. 1999
Planning and Erwironnrent commisdon
Town of Vail
75 South Fronhge Road
Vall, Colorddo 81657
Re: RequEst br Varlance at 1007 Eagles Nest Circle
Dear commi$-pners:
I am he ownor of 1031 hgles Nest Circle, 0n propeny edjacent to 1007 Eagles Nest Clrcle. I am
opposed b th€ vsians€ requestcd by thr spplic.nl l0thleen Feny- | feel fi?l the proposed renovation
airi aOOltiln of a garagn rhould be aompletsd wlthott ottting dwm the nntrre lees m the propedy
djrent to my pppefi and without grantir€ dte co\renge vadances. ConskJerationc rehbd to my
@noems ers highlignbd below.
r Ths Foposed vailanoe rvould haw a ggniffcant negative irpact on '!s Eagles Nest.Glde
, communtty. The proposel eliminates essentialu all of the mature trees bufrring my property, lhc
, 1007 Eag-les N€st-Ciile shlctre, antt he ofier homs on Eaghs Neet Circl€. The prcpocal tnuld
creab a alge pefilng lot In what b orr€ntly a gleert,spee and tree hfbr betureen flry home End
the Fcry eaihnce.r Th€ prop6€d turo{ar garegp as €xces8hn. I muld suppqt Ms. Ferry building a on*ar g?Iage, it it
were cornpleieC within he lbobdnt of the exisling litucfirp, wih ppreryation of the existing tees
and witholrt impacring the cfiamc'ior of the oPen green spoce on the lot.
r l/lltpn lrs. Ferry t€centy acquircd the 1fi17 Eagles Ne$ Girclc prcperty, she muld harc bcen
adviged of the consfraints of building on Ergls Negt Circle. The righb of lhe property owne'€ on
Eagl€s Nest Circle shorH nol be omprcmised b allow variances [rat vlould convey ptivilcOes to Ms.
Fery whblr are not araihble b othar honreowners on Eagles Nest Cicle and $tlictl flculd n€getively
aftctthem. W property has already bcen impecied by irrcreasing densify atoutld Eagles Nest Gircle. Vtthen I
adquired ry pmpsily in 1993, tre tsect adjacent b 1 007 was orrned ry |he ulater Company end us€d
br a unbr pumping statbn whir$ had a minimal imFct on the arca: I assumed lhat thB plopcrty
vsuld be rmintained br its qfisnt use, or corwerbd by tre twvn b dditio€l green spaoa adjac€nt
to the Ford Parlc The bwn subsequenuy sold this property, and iltw there is a very large horne
dirccdy in my Yieu, corTider.r ll iB my und€rtbnding hat there is a party wall agreennnt which gives each owrer the right to
apprcve ary changEs in ihe olh6r ourneE hef of tho Fery duplex and hat the ppposed rcnova$on
has not been so epponed. Should he bwn pemit $e requesbd renovatiqn a larsuil mqy very likdy
be brought by tre owner o' f|e adj#nt dlrphx. ho$/ever, prbr to a reeolution of the hwcuit seriou€
damage to the pmperty may be done.
I hope that br lhe ]€esons stabd above, snd br lhe rEssons stated by the ofier homeowners on or near
Circle, lhat you will rcject this application.
inbrmalionl
Evan Jones
11013 Cdppbgale Road
Potomaq MD 20854
Tel. (301) 289-9092
Fu (301) 299-0260
PATRINA
r
TWO WAIt S]REET, NIW YORK, NY IOOO5 2)2 23 3 ll55 . FAX 212 233.2244
o:lr,T?ffive
October 7. 1999
Mr. Brent Wilson
Town Planning and Environmental Commission
Town of Vail
75 SouthFrontage Road
Vail, CO. 81657
Dear Mr. Wilson:
In reference to an application for a variance by Ms. Kay Ferry, 1007 Eagles Nest Circle, I
stand opposed and would like to go on record as such. My principal concern is that the
request to exceed the site coverage typically permitted by the Town Ordinance to build a
20 foot high,, two car garage is absolutely inappropriate. I would ask the Commission to
consider the applicant's claim of hardship results from a desire to simply maintain the
foundation; it will be the neighbors who will suffer hardship if such a large structure is
built. I respectfully suggest that the applicant and her architect find a way to build a
garage within the existing footprint.
I have another concern that may or may not be appropriate for the Commission but is
worthy of some consideration. If one "side" of a duplex requests and is granted variances,
what is the chance that the Town will successfully deny a similar request from the other
"side"? Is it possible that this structure will ultimately grow to a very disproportionate
size?
Eagles Nest Circle is a simple cul de sac, ringed with modest homes. Please protect the
character of our little neighborhood and deny the application as submitted. Thank you for
vour consideration.
Cordially,
Daniel de Roulet
1042 Eagles Nest Circle
Vail. CO 81657
STORAGE I"4ANAGE i/.! \T SOLUTION S
OcT. -05' n911961 l0:41 IIALDE|)VERSITY
octobsr05,1999
P.002
Mr. Brcnt Wilson
Town of Vail, Colorado
Departmcat of Comriluity Devclopmcnt
?5 SouttrFrmtageRoad
Vail, CO 81657
DearMr. Wilson;
I anr writing to object ro thc variancc ruquost datcd oslobsr l, 1999 regarding the following:
KAY FERRY RESTDENCT' LOT I,PARCEL B, BTITLDING6I V-4*-VILl',/\GE
FntNt ?, lm? EAGLDs rrhsr cIRcLE YAII, coLoRAIlo' 816s7
I arn lhe qwner of an adjacent lot to th€ wcst pfthc subjcot prop€rty' fgfore I constructcd my
homc U 9F7 Vsil Valley Drive I requctted a sct bacl variance to provide morc separalion for m1t
i"i* m5,il "l*;ri ,"d tlr; Gecr two parry building. In spitc otmy_nefchbols support of
,hi;A;g" *A "o
ia"."* affcct on any puty I was rtenied a varianoe orr the basis thlt this
woutd bi "special Privilege'"
I
fhe p,resht.,ariance r€quest increases thc coverago beyond that allowablc and increascs the
GRFA by 250 sq'are fd;;;; f*,,.*" tig,lficant tlm my sirnplc request for set back
relief,
I object to ttit qpccial privilege requcst for additional building on thc subject lot which I belierrc
wliaetract from my visws and the value of my hmc'
Sinccrely,
Chandelle Ventures Inc.
24311 Wltden Ccnbtr ltrivc'Boritr Sollngq X'L:t4l:14
(941) 94&1010'Fu: (941) 94$1012'g'mrll: der@wddcuu'cdu
DEA/an
sep-r.7-ss o8:43A tttll5* ASSoCTATES
eric johnson
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Date Receive
sEP 17 1999
FAX 926.5293PO BOX 2088 VAIL co 81658 970.926.5292
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JlIy 26,1999
Town Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Commissioners:
My name is Ann Repetti and I have lived for the past 12Yzyearc at 1001 Vail Valley Drive. My house is Parcel
A of the duplex at issue and Ms. Ferry's unit is on Parcel B.
I have read the Memorandum from the Community Development Departrnent to this Commission and I agree
wholeheartedly with their recommendation for denial of both the Site Coverage Variance and the Employee
Housing Unit conditional use perrnit.
Our main concern over Ms. Ferry's request for a site coverage variance is based on her use of all the available
expansion possibility for both units on the lot. Note that in Ms. Ferry's building plans, she has unilaterally
designated her side the Primary Unit on the lot. Ever since the house was rezoned primary/secondary, there has
been no agreement between the two owners as to which is primary and which is secondary. The CDD points
out that this is a private issue. Please know that this issue is one that the two owneff have yet to discuss.
However, if this commission approves Ms. Ferry's plans, it will app€ar that tlre issue has been resolved by
virtue of the Commission's approval of her plans. I repeat, this issue is not resolved.
Even if the two sides eventually agree that Ms. Ferry can take the primary designation, the current set of plans
also eats up the 250 bonus credit s we now have.
The Commission should not grant the variance if it wilt have a significant, detrimental impact on houses in the
vicinity. As the owner of the closest house in the vicinity * the house that shares a party wall and the lot - I can
say that I will be adversely impacted by the variance.
We also object to the conditional use permit for the EHU. Ms. Ferry is claiming that her proposed remodeling
falls with in the demolition/rebuild criteria of the EHU regulations.
The house now has a pany wall running the full length of the house - approximately 65 feet - and we share the
main portion of the roof of the house. Given the way the house is built, demolishing the B side will
significantly impact the structural integrity of my home. I can not imagine anything more detrimental to safety
and welfare or mor€ injurious to the adjoining property.
As the CDD memo aptly phrased il Ms. Ferry's need for tle variance and the conditional use permit is a self-
imposed hardship. I request that her application be denied.
Thank you for your time and attention.
Respectfully,
Ann Repetti
A,a
l*r- n K^u^th'I I --- I \J'r<.l-,l)<r I J
o4
July 26, 1999
Town Planning and Environmental Commission
Toumof Vail
75 South Frontage Road
Veil, CO 81657
Dcar Commissioners:
My Dar4ltcr, Susan Ruthcrfor4 lives out of state and was mable to attend today's hearing- She
askd tbat I givc youthcsc lcccrs on herbehalf.
Thank vou.,nlltl*"l\-Kgdrh
Ann R€petti
A7,t'j5/139ir 1,1::q jl._lE77l75t S FI-ITHEPFI'JFD
Surrn Rcpctti Rurbcdord
3rf66 Ellr ke Lerc
Eourton, Telrrs j7027
F.AGE O2
July 15,1999
Ms, KayFerry
2395 Bald Mrn. Rd.
Vail, Colorado 8165?
DerrKay:
I undcrstarrd thst th€ litisslign reguding the other halfof thc property is finat and thatyou rre tlro owner. I am looking forwrrd to working with you *aiipr"ulng thc propsrtyfor evcryoncb b€nefit.
- $cloecd for your revior,, in clsc you do not already have a copy, is the Townhouee
Declaration rtreciing the propcrty. yor will not€ thaa section sd aeat wittr
modifications to thc exterior of thc units. As ytru can Ecg any such modification requires
the writtsn approval ofthc other owner. I undcr*end that you have atrcady submittedpllo to $ Ioy fol approval and thrt these planc calt foimajor, ederior clungcs. I also
understgnd that tlte fi$t sst of plans has baff witmrcr"ir. Givcn tbc language ofthe
Townhour Dcclaratiog I wqrtd rcqucst that you rend a oopy ofthc niv frans to me
prior to submittirg ttrcm to thc Town.
The headrg scheduled for July 26, 1999, io cotrinly prcrnature given thar I have not seeo
your proporcd modifications. tf any plrns wcre approvcd by the Town on that date, you
would not bc eblc to as.t on them without my approvol.
As you rre rlso twine, u/,e neod to dccide the Primary/Socondary stotus. I am sure that
we can wott out this isnrg rnd thc ortcrior modificstion issrre, to our mutual satidaction.
Howwcrr, wc do ncod to gct togsthcr to disctgs there matterc before cither one of us
nrbmits planr to the Town for rpproval.
I rm pluuring on coming to vail on August 5th for a fap days and I would bc opcn to
mccting with you and working out a resolution to tlresc isgue$ at that timo.
Please contrct mc et 713-877-l&3 to Irrsrge for a nreeting to dissuss thes€ mattcrs. I
rm looking forward to hcaring fnom you very soort,
Regards,
o
P 330 '{ee 07?
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RUTHERFORD
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8771759 PAGE E487,/25/1.99s 17i27 713
Suun Rcpcfr i Rutbc.rford
3f65 E[r Lc f,llc
Eourtoo, Trrrrrs 77027
Towr Ptanning urd Environnrcntal Commi$ion
Town of Veil
75 South Frontagc Road
Vail, Colorrdo 81657
Re: Applicrtion of l(ay Fery - Iuly 26, t999 hcaring
Dcar Commicrionrs;
July 25, 1999
I would liko to clarifr r point. In my ccrtified letter to Ms. Fcrry datcd July | 5, 1999; I
wrote ".-. I would rcqucst you rend a copy of the rcw ptrns to me prior to submittiig
tbem to thc town'. Plcrsc revierv the athchcd copy of my tctter In rny letter to tlre
Pluurilrg and Environmcotrl comnirsion dstcd July t?, 1999, I ststcd "...I havc not so€o r
copy ofMs. Fary's applicrtion: I have askcd Ms. Ferry for a copy urd I erpccr to
reccivc it shortly." In resporuc to Ms. Fer4y's letter to you dated July 20, 1999, I am not
trying to mirlead myonc. I rhould hcve clarificd in my later to the Town thst I hd
rcgwstcd ftorn lvts. Ferry a copy oI th ttev, plus.
Nonetlrclers, I havc yet to rcceive any inforrnation udratsocver from Ms. Fcrry. Orr July
20, 1999, my mothcr was given a set ofthe Parcet B plarrs by thc architeo. My mother
scnt th6c plans to me. Unfornuratcly thcsc plans omit thc Wcrt clevation of the sidc B
proposrl. Thir mising elcnrtion would help ctui& rhe impact on my mothcds home.
I would likc to work out r mutual agreemcnt with Ms. Ferry, but it appcars as if she
chooscr to build this projocr wfthout any considcration oftlre other side ofthis duptex. I
am conccrncd thst thc Conrnisrion's approvd ofthesc vE isnces would place an undue
hardship on me in uy ftrturc ncgotirtions with Ms. Ferry. I hopc you will tske this into
account and votc to dcry thie applicrtion.
cc: Mn. ArmRqctti
Mr, Kay Fcrry
Ju1 -22-99 Ol:O8P LINDITRO|II ASSOCIATESa t*
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Susan Rcpetti Rutherford
3466 Ella Lce r.rne
Houston, Texts 77O27
phone 713-877-1643
July 17,1999
Town Planning and Environmental Commission
Town of Vail
75 Soutl Frontage Road
Vail, Colorado 81657
Re: Application ofKay Ferry
Dear Town Planning and Environmental Commission:
I am the owner of the property known as l00l Vail Valley Drive, Parcel A Lot l,
Block 6, Vail Village Seventh Filing. I understand that Ms. Kay Ferry, the owner of
Parcel B, has submitted a request for a variance and for an Employee Housing Unit
('EHU"). Please let this letter serve as notice of my opposition to both aspects of Ms.
Ferry's request.
Please be aware that I have not se,en a copy of Ms. Ferry's application. I have asked
Ms. Ferry for a copy and I expect to receive it shortly. However, I understand that a
hearing is possibly scheduled for July 26, 1999. In the interest ofletting the board know
of my position as soon as possible, I am giving notice of my objection prior to seeing the
actual plans.
Regarding the variance request for a two cat garage, my objection is to a two car guage.
My unit Parcel d has a 280 square foot one car garage and I would not object to Unit B
also having a 280 square foot one car gfrage, Regarding the Type II EHU, Ms. Ferry's
applicatiorl if granted, would uzurp my dwelopmental potential for utilizing the 250
bonus credit currently available.
Thank you so very much for your consideration in this objection. I hope to be able to
resolve tlese iszues with Ms. Ferry wh€n I am in Vail in early August. Should you have
any questions please feel free to call me.
Very truly
Susdi'/Mrylu
cc: Mrs. Ann Repetti
Ms. Kay Ferry Date Receivec
JUL 20 1999
LAlAtlL999 15:11 S RUTIERFIRD
susaN R. nulltnroru, ,
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EourorrTcru 7702?' pbn 7l$f77-ra{l lax 7rl.Jl7-1739
ciltifhd md, rfim rcccipt roqucrtcd
Art1ui lt,l999
Irfinl(ryFsry
2395 Edd}lomtdn
Vrl Cdondo 1165?
DlrKrX
I tmr dinppointcd pu did nol rclporrd to my ofrcr to moct In Vail dudrrg fiy roocril
vift. t undcntud tbrt yor rrc roviring and rcrubmltting plmr for the duplor rnd thrt e
Sopt. 27, 1999 hilrhS ir rcfdubd.
KrX I runind pu thn th prrty wdl rgrccnrcnt crtb for prior approval of cxtcrior
cfurgcr. Wc wi[ hrw to work togahcr if ury progwr ir lo occur. Ar you md tlr DRB
lnow vcry udt, my Mothcr urd I hrve bccn prticntly writirg during thc pert fvc yan br
owmnbh of ddo B to bc dccided. Now thrt yor hrvc rccciraed titlc plcue colfict
mo irmdflrtdy ro thrt wt rnry rcrclvo thc ritc cowngo rnd pitnrry/tccondrry bscr. I
rm urrblc to &tcrminc thc dzc of my futuro edditionr without tftcrc irrucr being
38771759(D PAGE OI
Obryiotd/. I ttrPccl to rccrira copia of uy firturc rppllcilronr md pllrr prior to your
boittitg Scnt to lhc town. Plcrrc *rd thour to my rddran rhovm rbora.
cc: DRB,TomofVril
Mn. AmRcpctri
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Department of Community Development
75 Sowh Frcnnge Road
VaiL Colorado 81657
970479-213E
FAX 97U479-2452
Iuly 16, 1999
Eric Johnson, Architect
PO Box 2088
Vail, CO 81658
Re: Lot I, Block 6, Vait Village lh Fiting - the Ferry Residerrce
Dear Eric:
I have completed a review of the plans you zubmitted on July l4s and am fonnarding the
following comments:
r you are scheduled for a conoeptual rwiew of this project bylhe Design Review Board on
rwednesday, July 2ld. Priorto final DRB rwiew, i",itt ""ia a.hndscaping pl*.YHll
details any existing "t
pr"p"r"a
"a"tior
lighting and any existing trees impacted by this
proposed addition.
. The required side setback on the south end ofthe proqerty is 15 feet - it appears the proposed
addition "o."r
rn"ry"tore to the setback line. Please be iure any proposed addition
maintains the required 15 feet from the property ling An improvement location certificate
will be required O*G ttt" *ostruction phas" of tlit project in order to verifr required
setback distances.
. I still need an 8 tE' xl1" reduction of the proposed site plan and floor plans for the PEC staff
memo by no later thanWednesday, July 21'r'
r As mentioned previously, the utilization ofthe 500 squarrc foot credit for the Type rI EHU
wilt prohibit t1e aO;ac"ot'owne, from utilizin! the '230' bonus credit in the future' Although
this issue wilt not Jiect your remodel propo*l, both owners thg"tlP" aware of this
situation. n""otaiog to il" ptop"ny'tiownhouse declarations (on file in our office)' any
remodels or additiois on the property require the adjacent owrer's consent'
{g "tn"ttor*o
The Town's Public Works Department has completed a preliminary review ofthe proposal.
Their comments are as follows:
r Please provide a topographic survey to verify contourVgrades.
. Please indicate the top and bottom elevations ofthe proposed retaining walls adjacent to the
motor court area.
r Will the driveway be heated? Please indicate this on your site plan.
. The new garage is not accessible with a 20' centerline tuming radius. Please adjust and
revise.
If you would like to discuss these issues in greater detail, please contact me at (970) 479-2128.
Sincerely,
Brent Wilson
Planner II
A7/L51L999 13:57 7L3877L759I S RUT}ERHru)6L
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you re tlc owr. I qn lootirg fonrsd to rrcrtiqg wi& yul ud improniry rte prupstyfrratcydrbGod"
Enclorcd ftrmr rwicw, ir cuoyou do rd &llty hvc s cogy, ir tne TordsrrcDelrrio dbcdng fu popcrty. Yqr rdll nmc 6d Scadm 5D dcdrf,ffb
mdifcdmr to tb. .ilteio( ofthr udt& fu you crn lce, qy nrctl srodficdon rlqdrcE
tbo Hllca ?Fovd ofth otbowrrr. I,undordudthn yur lnt rhdy ddncd
plur to tb To*afrr ryronl rod trd thcro ilrar crlt for nitr, .6cr;sr rtrtsca I dro
urdcrmd thi ftc ft* ra dde b ba witldmn civcn thc laguagF oftha
Toutdtour Dc*rdo, I wurH rcquc* {rf you rcnd r cony of tta w plmr to no
tritr to aSdUry -'!E ro tho Twr,
Tta ffi$ tchcthrlC frr fuly ZO. 1999, ir ocrtrirly Furmrrc livcn thrt I hrw mt m
yqr Fopolod notrcUicu. If rcy ptanr wc ryproned bv thc Town q rh* drlc yqlwrltrntcrUetortmtuT*yry
Ar yur rrc dro eunrg'm ncd to dcdd.{b Ffinqy/Sccotrdily ltri|t. I .llr *|'c thrt
rw an rrut oi thh irn'c, ud ths qtcrior nodificnioo irqrc, to qr mrtrnl lilidhadoar
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erffi pbor to tb Tmn ftr rpruvrl.
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Ocprtmt ofQmdy Octdondrcd, Town ofVail
a
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
July 26, 1999
A request for a variance from Sec'tion 12-6C-9, Town of Vail Code, to
allow for two-family primary/secondary residential site coverage in excess
of 2oo/o of lot area, and a request for a conditional use permit, to allow for
the construction of a Type ll employee housing unit, located at1OO7
Eagle's Nest Circle / Lot 1, Block 6, Vail Village Filing 7.
Applicant Kathleen Ferry, represented by Eric Johnson, ArchitectPlanner: Brent Wlson
I. BACKGROUND AND DESCRIPTION OF THE REQUEST
The applicant, Kathleen Ferry, is requesting a variance to allow for a residential addition with
site coverage in excess (418 square feet) of what is allowed under the Town's Two-Family
Primary/Secondary Residential zoning regulations. The zoning for the above-referenced
property allows a site coverage of 20o/o of total site area (3,188 square feet). The applicant is
proposing a site coverage of 22.60/o of total site area (3,606 square feet). Site coverage
requirements for lots in the Primary/Secondary Residential Zone District are described in
Section 12-6D.9, Town of Vail Code.
Additionally, the applicant is requesting a conditional use permit for a Type ll employee housing
unit (EHU) on the property. This proposal includes the utilization of an available gross
residential floor area (GRFA) bonus credit to be used in the construction of a 475 square foot
EHU. Requirements for Type ll employee housing units are described in Section 12-13-5, Town
of Vail Code.
The applicant's representative has expressed the reasoning for the variance and conditional use
permit requests under Exhibit A (attached).
The applicant is proposing a demolition/rebuild of the existing residence and the addition of a
two-{ar garage. The applicant's unit (constructed in the late 1960's) currently has no formally
designated off-street parking. On June 24h of this year, staff granted the applicant an approval
for a temporary unpaved off-street parking area. Ms. Ferry's unit is cunently required to provide
three on-site parking spaces but there is no requirement that any of these spaces be enclosed.
This proposal would add an additional required (enclosed) parking space for the EHU, bringing
the total required spaces to four.
Section 12-13-5, Town of Vail Code, requires the provision of one enclosed parking space when
a Type ll EHU is proposed in conjunction with a demolition/rebuild (covered parking is not
required when an EHU is added to an existing structure). As demonstrated below, there is
enough site coverage available within the applicable code allowances for the applicant to meet
this requirement without a variance. Although 213 square feet of site coverage is available on
site (enough for one 11'x 19'garage space), the applicant is proposing to construct a 600
square foot two-car garage.
Available site coverage under code provisions = 213 square feet
Site coverage needed to meet EHU parking requirement = 162 square feet
Site coverage proposed for two-car garage = 6(x) squarc feet
(300 sf gange for EHU; 300 sf gange for Feny esidene)
II. STAFF RECOMMENDATION
The Community Development Department staff recommends denial of the applicant's
site coverage variance request subject to the folloring findings:
1. That the granting of the site coverage variance will constitute a grant of
special privilege inconsistent with the limitations on other properties
classif ied in the PrimarylSecondary Residential Zone District.
2. There are no exceptions or extraordinary circumstances or conditions
applicable to this site that do not apply generally to other properties in the
Primary/Secondary Residential Zone District.
3. That the strict interpretation or enforcement of the specified regulation
does not deprive the applicant of privileges enjoyed by the owners of
other properties in the Primary/Secondary Residential Zone District.
The Community Development Department recommends denial of this application for a Type ll
Employee Housing Unit, based on fie following findings:
1. That the proposed location of the use is not in accord with the purposes
of Section 12-13 (Employee Housing) and the purposes of the district in
which the site is located.
2. That the proposed use does not comply with each of tte applicable
provisions of Seclion 12-18 (CoMitional Use Fermifs) of the Town Code.
ZONING AND SITE STATISTICS
Zoning District:
Lot Size:
Primary/Secondary Residential District
15,942 square feet (.366 acres)
Standard Allowed/Required Proposed
GRFA:
Site Coverage
Setbacks
Front (Ferry)
Side
Front (Repetti)
Parking (Ferry)
* lncludes a credit of 475 square feet for the Type ll EHU.
CRITERIA AND FINDINGS - SITE COVERAGE VARIANCE
A. Consideration of Factors Reqardino the Site Coveraqe Variance:
5,169 sq. ft..
3,188 sq. ft. (2O%l
20 ft.
15 ft.
20ft.
4 spaces
5,168 sq. ft.'
3,606 sq. ft. (22.6o/ol
20 ft. (per ILC)
15 ft. (per ILC) / 26 ft.
no change
4 spaces
tv.
I The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff believes the addition of the EHU further aggravates the existing
parking and site coverage situation, although an enclosed parking space
could be provided for the EHU without any deviation from the applicable
zoning regulations. There is no requirement for enclosed parking for any
other units on the property. Staff believes the proposed 600 square foot
two-car garage is excessive and deviates from the zone district
regulations more than is necessary to achieve stated goals. Staff believes
this proposal creates a self-imposed hardship.
The proposed residential addition impacts a number of mature trees on
the property which serve as a buffer to adjacent properties. At their July
21, 1999 meeting, the Town's Design Review Board gave the applicant
direction to preserve the mature trees and to pursue parking options on
other portions of the site. Staff believes this request for additional site
coverage further expands impacts on existing vegetation.
The degree to which relief from the strict and literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the objec'tives of this title without a grant of special
privilege.
Staff believes that an approval of the requested site coverage variance
would result in a grant of special privilege. Variance requests for garage
2.
B.
additions on adjacent properties have been denied in the past. Staff
believes there are no unique circumstances, nor any extraordinary
conditions (such as wetlandsArater features, excessive slopes, etc.)
which impact the applicant's lot The maximum site coverage allowed on
the applicanfs lot is 207o. All required off-street parking could be
provided on the site without a variance.
3. The efrect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
Staff does not believe there would be any negative impacts associated
with this proposal, if constructed, on the above-referenced criteria.
The Plannino and Environmental Commission shall make the followino findinqs
before orantino a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same district
2. That the granting of the variance will not be detrimental to the public
health, safety or rtelfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is wananted for one or more of the follortring reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unne@ssary
physical hardship inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. The strict interpretation or enbrcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district
CRITERIA AND FINDINGS - CONDITIONAL USE PERMIT
Consideration of Factors Reqardinq Conditional Use Permit Request:
Before acting on a conditional use permit application, the Planning and Environmential
Commission shall consider the factors with respect to the proposed use:
1. Relationship and impact of the use on the development obiectives of the
Town.
V.
4
2.
3.
4.
Although the Town encour€rges the provision of employee housing units,
staff believes the provision of an EHU in this instance furthers the amount
of non-conformity between improvements on this property and the
development objectives of the Town. The intent of Chapter 12-13
(Employee Housing) is not to provide EHU's at any cosf or to the
detriment of the Town's development standards or neighboring uses. All
Town regulations and requirements could be met on site without a
variance. The applicant's representative stated (on public recod) that
this proposal involves a demolition/rebuild of the existing GRFA. Given
the fact that the applicant essentially has a "blank slate" to work with, staff
sees no reason why an EHU could not be provided on site without any
deviation from the zoning regulations.
The utilization of the 500 square foot credit for the EHU would preclude
the adjacent duplex owner from future expansion under the Town's "250
GRFA" credit. The adjacent owner has expressed a desire to maintain
control of their available "250" bonus credit and has voiced their
opposition to this request. Although the allocation of duplex GRFA
between adjacent owners is a private issue, staff believes this proposal is
inconsistent with the Town's development objectives and may preclude a
workable, harmonious relationship with adjacent uses.
The effect of the use on lioht and air, distribution of population.
transoortation facilities. utilities. schools, parks and recreation facilities.
and other public facilities needs.
Staff believes that there will be little or no impact from the prcposed Type
ll EHU on light, air, population, transportation, utilities, schools or parks.
Effect upon traffic with particular reference to conoestion. automotive and
pedestrian safetv and convenience. traffic flow and control. access.
maneuverabilitv, and removal of snow from the street and oarkinq areas.
One additional vehicle is anticipated in association with this EHU. Statr
feels that this would be an insignificant impact on the above-referenced
criteria.
Effect upon the charaster of the area in which the proposed use is to be
located. includino the scale and bulk of the proposed use in relation to
sunoundino uses.
This proposal would exceed allowable site coverage. This standard is
designed to control the scale and bulk of improvements on the property.
Emolovee Housino Units mav be allowed as a conditional use in those
zone districts as specified bv Section 12-13 of the Vail Municipal Code.
Emplovee Housrnq and shall be subiect to the followino conditions:
b.
It shall be a conditional use in the Sinqle-Familv Residential. Two-
Familv Residential and Primarv/Secondarv Residential zone
distrists.
The subject property is zoned Two-Family Primary/Secondary
Residential.
It shall be permifted onlv on lots wtricfi comolv with minimum lot
size requirements of the zone district in which the lot is located.
At 15,942 square feet in size, this lot meets the minimum lot size
requirements (15,000 square feet) in the Primary/Secondary zone
district.
It shall be located within. or attached to. a sinole-familv dwellino or
be located within. or atached to. a two-familv dwellinq pursuant to
Section 12-11-5(D - Desion Guidelines Duolex and
Primarv/Secondarv Develooment. lt mav also be located in, or
attached to. an existino oaraoe orovided the qaraoe is notlocated
within anv setback, and turther provided that no eistino parkino
reouired by the Town of Vail Municioal Code is reduced or
eliminated.
This Type ll EHU will be located within the Ferry residence.
However, it would maintain a separate entrance and vtould not be
accessible from the interior of the primary or secondary units.
It shall not be counted as a dwellinq unit for the pumoses of
calculatino densitv. However. it shall contain kitchen facilities and
a bathroom. as defined in Chapter 12-2 - Definitions of the Vail
Municioal Code. lt shall be permitted to be a third dwellinq unit in
addition to the two dwellinq units which mav alreadv exist on the
lot. Onlv one Tvpe ll EHU shall be allowed oer lot.
The proposed EHU will be a third dwelling unit on the site. As
proposed, it contains a full kitchen and full bathroom facilities.
It shall have a GRFA not less than three hundred (300) souare
feet. nor more than nine hundred (900) square feet. An aoplicant.
however. shall be oermitted to aoplv to the Communitv
Development Department of the Town of Vail for additional GRFA
not to exceed five hundred (5OO) souare feet to be used in the
construction of the EHU. The apolicant shall submit an application
for the additional GRFA on a form orovided bv the Communitv
Develooment Deoartment. Aoproval or denial of the request shall
be made bv the Desion Review Board in accordance with
Sectionl2-13-5. lf an applicant obtains Desion Review Board
approval for 500 souare feet of additional GRFA for the EHU, he
or she shall not be entitled to receive additional GRFA oursuant to
Chaoter 12-15 - Additional Gross Residential Floor Area ot lhis
Code for either unit on the lot. lf an aoolicant obtains Desiqn
d.
A
h.
Review Board approval for not more than 250 square feet of
additional GRFA for the EHU. he or she shall be entitled to receive
additional GRFA oursuant to Chaoter 12-15 - Addftrbnal Gross
Re$dentbl F/oorArea of this code for one dwellinq unit on the lot.
The EHU would be 475 square feet in size. The applicant has
submitted an application for 500 square feet of additional GRFA
utilizing the code provision that allows for the use of 250's "up
front" when creating a new Type ll EHU. The unused portion of
this GRFA (25 square feet) may not be allocated to the other
units. No additional 250's would be allowed on this property.
It shall have no more than two bedrooms.
The proposed Type ll EHU includes one bedroom and therefore
complies with this requirement.
No more than two (2) adults and one (1) child not older than
sixteen (16) vears of aqe shall reside in a one (1) bedroom Tvpe ll
EHU. No more than two (2) adults and two (2) children not older
than sixteen (16) vears of aqe shall reside in a two (2) bedroom
Tvpe ll EHU.
Since this unit is a one-bedroom Type ll EHU, the first section of
this regulation will apply.
Each Tvpe ll EHU shall be required to have no less than one (1)
oarkinq space for each bedroom located therein. However. if a
one (1) bedroom Tvpe ll EHU exceeds six hundred (600) square
feet. it shall have two (2) parkinq spaces. All parkinq spaces
required bv this Code shall be located on the same lot or site as
the EHU. lf no dwellino exists upon the propertv which is
orooosed for a Tvpe ll EHU at the time a buildino permit is issued.
or if an existinq dwellinq is to be demolished and replaced bv a
credit shall be allowed for the construction of one enclosed
parkinq space for the Tvpe ll EHU.
Since this project is a demolition/rebuild, the applicant must
provide one enclosed parking space for the proposed EHU.
Although the applicant is proposing enclosed parking for the EHU,
staff believes this proposal deviates from the zoning regulations
far greater than is necessary to meet his requirement.
In summary, staff believes that an EHU could be provided on this site within all of
the applicable code prcvisions. There is ample GRFA and site coverage available
to the applicant to meet all of the EHU criteria without a variance. Afthough the
Town would like to encourage the provision of an EHU on this property, staff feels
this specific proposal deviates from the tegulations more than is necessary to
meet both the applicant's stated goals and the Town's employee housing
objectives.
B. Findinos:
The Planning and Environmental Commission shall make the following findings
before granting a conditional use permit for an Employee Housing Unit
1. That the proposed location of the use is in accord with the purposes of
Seclion 12-13 (Employee Housing) and the purposes of the district in
which the site is located.
2. That the proposed location of the use and the conditions under whictr it
would be operated or maintained would not be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
3. That the proposed use would comply with each of the applicable
provisions of Section 12-18 (Conditional U* turmits) of the Vail
Municipal Code.
Site Vicinity Map
Ferry Residence
Request for a Variance
and Conditional Use Permit
1001 Eagle's Nest Circle
O
-
u
otro/
A
N
7
1081
Elu t5 zA "
eric johnson a r c h i t e c t, p.c.
June 28, 1999
Town of Vail / Planning and Environmental Commission
Department of Community Development
1l l S, Frontage Road
Vail, CO 81657
RE: K. FERRYRESIDENCE
LOT I, PARCEL B, BLOCK 6, VAIL VILLAGE FILING 7
1OO7 EAGLES NEST CIRCLE VAIL, CO. 81657
REQTIEST FOR SITE COVERAGE VARIENCE, ADDITIONAL 250 GRFA AND
TYPE tr EMPLOYEE HOUSING UMT
Dear Sirs-
The following is a written statement outlining the nature of the variance request to the
address above and in specifically the Town of Vail Ordinances l2-6C-9 (site coverage)' l2-15-5
(additional GPJA) and l2-13-5 (Type II EH[I). Because all ofthe above items are inter-related
and combined in the same request and applicatiorq further described in drawings dated 6 128 | 99,
the items listed below are all inclusive.
The site coverage variance request is for the addition of 2 (two) enclosed garages to the
existing unit which curently has none. One garage parking space is for the proposed Tne II
EHU (required in Section B.8) and one for the Primary Residential Owner. The curent
Secondary Owner has already obtained (without written permission from the Primary Ovmer) an
enclosed parking garage and has maximized their 10% of the allowed site coverage. In frct, the
remaining allowable site coverage (103 SF) would only accommodate a9 x12 parking space.
We feel this request use is for the mutual benefit of the property owners, accommodates a need
for oflstreet perking (of which there is currently none) and fits into the general bulk and rrass of
the proposed additions.
The current site coverage is at 18.8 % and the resuhant site coverage would be 22..7 %.
We feel this a minor request from the strict and literal interpretation as the benefits are to the frir
and practical use ofthe Type II EHU and Primary Owner. Due to past platting of the property
lines and the close proximity of roadways the on-going non-conforming conditions need some
relief from close scrutiny.
The effect of the variance on light, air, traffic and safety are minimal as the addition is on
the back side of the lot and current residence toward the only available open space remaining on
the lot.
Futhermore, we feel this request attempts to comply with the Coryrehensive Plan by
accorrnodating amuch needed Type II EHU.
PO BOX 2088 VAIL CO 81658 970.926.s292 FAX 926.5293
eric johnson architect,p.c.
The Additional 250 GRFA is requested from the fact the structure is over 5 years old with no
improvements or additions requested and the use of 350 SF from the Type II EHU is requested to
be added to the Primary Residence per Section B.5.
The crurent Primary / Secondary Zoning allows for the use and density ofthe additional EHU and
has the required square footage per Section B.5.
Herein lies our request for variance on site coverage, Additional 250 GRFA and the inclusion of
the Type II EHU. Should you have questions, need fiirther clarification or see the process
difFerently please write or call me or Kaye Ferry at 476-1824.
Thankyou for your consideration in this matter.
PO BOX 2088 VAIL CO 81658 97A.926.5292 FAX 926.s293
Snln Rcpcill Rrtcrfod
3a66 D[r Leo lrnc
Eouttor, Trlrtt 770E7
p[orc7l]t77-l(l|3
July 17,1999
Town Plarudng and Eovironrnartd Commircion
Town of Vril
?5 Sorth Frontrgp Rotd
Vri\ Cotorrdo 81657
Re' Application of l(ay FcrY
Dear Town Plunring and Environrncrrtrl Comnusrion:
I am the owncr of$e propcrty knoym as lo0l vail vallcy Dn1e, Parcel A lot I'
Block 6, vail villagc Sc;ti filtns. t undcrctttd thrt Ms. I(1y Fcrry, thcoruror of
Parccl B, tras nrbmitted e rrquest for s vstisnc3 and for an Enrployec Housing Unit
('EHU'j. Plcesc ta thir ktter scrvc as noticc of my opporition !o both rspcctt of Mg'
Ferrt'r rcquert,
Phase bc owrrc th1| I htvc not 6.cn e copy of Ms' Ferry'r rpplication. I hove askod
Ms. Fcrry for a copy end I cxpcct to reccivo it rhortly Howuva'f'I nrdcrstfld thst s
hearing is ponibly'schodulcd ior July 26, 1999. ln thc intqc* of lating the borrd know
of mV-posiiion a,s!{xm rs possiblc, I am giving notice of my objoction prior to secing the
acturl pluts.
Rcgsrding thc vuirnce tquGd for a two cu gfagc, my objcction is to atwo caf 88ragc'
Myirnit Parc.cl A hu a 2t0 rquarc foot onc cu gefrgc sd I would not obje* to Unit B
atso having r 280 squefc fmt ons qr grrsgc, Rcgrrding thc TlDs lI EHU, Ms. Fcfry's
applicatior\ if gger tc{ woutd unuT rny dcvelopmc'ntal potcntid for utilizing th 250
bornrs crcdit arncntly rvrilablc.
Thrnk you so vcry rnrch for your coruidcration in this obiection. I hope to bc able lo
reeolvc the$ isruci with Ms. Fery wherr I am in Veil in cady Augrrrf Should you have
rny qucstions plearc fcd frce to cdl mc.
cc: Mrs. i{nlr R€pcili
Ms. Kry Fcrry
KAT]HI]I]g]E]N V" ]F]E]R]RY
2395 BAitD NiOINNT^AIN ROAE
VA]IL, COLORA\]EO
t6r <1 tz e =l6lL[D) /
Planning and Environmental Commission
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Dear Planning and Environmental Commission:
I received a copy of a letter addressed to you from Susan Rutherford
regarding my properbl atl^mT Eagle's Nest Circle-
I would like to clarify a point in paragraph 2. Mrs. Rutherford
indicated that she had not seen a copy of my appliocation but that
she had asked me for it. No request has been made to me or to my
architect, Eric Johnson, for a copy of my application.
Sincerelv.t
{
il1.-'!
t<atlileen V. Ferryr
luly 2L, t999
CC: Susan R. Rutherford
07/2L1L999 21 :53 S RUTI-€FFORD
Sorrl f,.Dclt f,ilcrford3{lffDlrr[aLn
f,ordor,Tcrr 7lUl7
Iuly2l,1999
Town Pluirg md Eniramrl Cmnirdon
TrynofVril
75 SothFrodrgpRord
Vril, Colondo8t657
Rc: Agpllclirn of Kry Fcrry
DcrComirrilrr:
I en ttc ows o,fthc pmpcty known u I l0l Vril Vdlcy Ddyc, tb ottu hdf oftie
drplcr nrbjcc to tlie Cornnirrioo hcirry ra for \rty 2!, My fonily tlr oumd thG hro
ft n ln yean ead ry mo0tcrr Atrr nepctti hrs livd iD thc ioutc for tlsl Gdir" pctiod.
I m arraty lhc rccond owoc ofth prorpcty. I rmNd ftc to t obc rry oblcAiol to
Mg. FcqAprqo*dplur.
Flrn h nc eivc you r vcry hicf *ach oftbc rcccu Itiffy oftltc ttou$. M$ Fcrrylr
sidc, lhc B sidc, wu oumcd by Roy rd Moppy Drvir t'on Tcrrc. l&.rnd Mr& kvit
Ht oo hud fnrrcirl tiu sd tb B ridc wrr rold t frrrdmrc rpprqimrtdy fivc (5)
lrcan rgo. Sinca thd lilro thc ft'rcctorrrc procar har bcco hdd up ln ttiSf,ioo bttcrc.il
Ms. Feny, eld Dr. Bowfin eom norida B06 partier eimcd to bc tlE tilb tiddcr u tt;
fqccJoqrc Jd lhc Court huid thir unmcr nrlcd thrt Mr. Fcrry wrr i! fict llrc
qrcccsdtl tftldcr-
Arpthortct irarc rrgudi4tlt hnt$ b SG zutilg ch"gpfrthcrrcr. Thc hnrra wes
hdlt iD 1 96? by a bronh od siru rs r tnrc dryhx wilh ntuor in ge foor plroi ntc
two ridcg rhrrcd a srrmr md cv€o hrd comron roomr, lllhql thc drtcr soH to Datfu the
rooms war scpcrtcd lvith *rltr md rhs om of thc sruna crnnnsctunr *dcd tc*r,ing
thc rarm oly rcccc$lc ttm ttc B rilc.
Thc cbt1gp in auirg eryed tho nigbbotltooC to priurry/rccodrry dutdlilgF nltoro
onc ridc ir arpporcd to bc hl,]gr thm the otlr. With thc aniqg du[8e my lupo
bccame a lorrconfruriry urc urd rny chnqgcr m rhc hanse nw haw !o coryly witb llF
no zonirry Onc ofllrc rrlin isnrcr thrt nccdr to bc rcsofucd bctutcqt tho two owur ir
thc pimrry/rccondary *cur. The side ttet b mnudly dedgndcd asthc gimery sidc
will bc $lc to cepend to e rnuch grc*cr dcStc thut thc rmdary *la
Drhg ttF five yeus thl thc orvrssltip oftb B !ilc lut bsr in qucstiott I ttavc hd
dirourioor wilb lfr. fcrry rbout lb h$c.od th Plln for th lnr- m tDc
own rdrb ofthc B ridc wrs finrlly dacrndncd. Io additioq rry rirtcr, Elizrbd REPcttt
had thcrc srrns disrsdonr sith Dr. Bowlin In our dirorssi(E with botb ofth€m *n tricd
3877L759
-
PAG 01
tOtdk dout rcoohing th Firnruyhccond$y 4rils. Both Df. Bowlnud lda fcrry
iodioitcd fti dd€rndrdryttdrley issre*:rPrstndnre giu€ithc illtr ofthfitigdkxl
- g7l2L/L999 21:53 7I3A77L S RUTHERFORD
Thc inrbiEty to dctcnnfup the prirneryftecordrry ilror during ttr protrrcted litigttioohrs
prqrcrrtcd mc tour bcing rblc ro rcnrodel rny sdc ofthc hour s! wcll.
Ar roon u we hcrrd dtal llls. Fcrry wu thc owncr, rny rnlrer c€[ad to congrdulrtc
her. She wrr unSlc to maet ller but bn a rrrcrsage of corrgrrrulatiom end rrkcd thar Ms.
Fary cdl Mr. Fcry did not larnr thc calt. My rnotlr thco hcgrd from thc tenantr in
tic B sidc tDst Mr. Ferry wrr going to bcgir rcmoddfuA ud slrc wcnt to thc to$'n to scc
ifany phnr had b€r rrbmiod. It uns only by goirg to thc Town thrt we bctrrc ewrrc
oflt[r. Fcr4"rprc.
As I indicdGd in an crrlicrleiltcrto thir Conrmisrioq nc obicd to Ms. Fcrry'r flur for
ffid rurllont- Thc frrrt rcuon ir thrt Ms. Fcra/r flroo dcdgrrdehr ridc the B rfrh, rs
thc pfunrry unit. This dosignxion ir unilatenl on ber prrt and was not cqrrrrtcd to by
tttc. With ttrc dcdgnnion oftlrc prinury ddc, tlr propo$d plans dtcrnpt to usc all thc
sddtiond qulre fuage dlowod to the lot under rhc nan zoning dedgrrttion. By
claiming tbd drc is tlE prirnrry ddC ilrd by nbmitting plam th6t crl for ur cxpurrion of
thc sizc Sc ptoposcs, clt tts €Fcctivdy sorilmndccrcd all oEansionpossibilities from
my unn rs well. Wc strruuously obicct to thc dcsignnion rs thc primary unit - *rich ir
futamrilF.rd the sia of thc proposcd cxpansion whidr teta dl aveihblc squrtc fooogc
for boib ddcr o,ftbhr*.
Ttc tccood obicuion deds with tte two car guage- I wouH not object to ! one car
grnga lilra thd qrrrently lo€td on my unit. The tw, obiediorr! !d fodh in my eufc
letter rrclltosc which rrere irunedatdy spprrcrtt wilhilt evcn bciag elowod to rce tlc
pbof irdadl.
Firully, I wguld llkc to point out to &c Conrnisio4.pmvidon in thc porty vall
agrccnrcnt whiclr govtrne the use of tho hourq Scction 5D cordeins e prorrision which
rrquirc$ thc wdttcn approvel of thc otlrer owncr wlren onc of lhe ouncrs ptoporer rnrjor
structurd modificdionr to thc cxlqior ofthc housc. Mr. Fcrry is awlrc ofthir provision
in tha party wall qgrcetn€ilt ilrd hls mrde no cffort to rcquest my epproval to her
propo$d cfrurgcc. I rtqucstc4 in wiring copior oftho proposod planr bcforc thqy wre
nrbmittod to ttc Town. ltc plurs rvtre not providcd. A sct ofthc phnr wc jurt
ddhrcrGd lo ry nOhcr on hly 2q 1999.
I trop€ltrtmcse o$euionrcan bermked outwitbMs. Fcrqr. Howe+,cr, etthfutitrcl
wrld rdr thu the CoNutrission dary Ms. FerDls rcquo$ for rpprovd.
759O
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APPLI
EI -Amendmcnt to an'Approvcd Dcvclopmcnt Plan
E/ Ernploycc Hosing Unit (I1pc: :l Itl Major or E Minor CCI Extcrior Alteration
tr
tr
tr
(Vail Villagc)
Major or tr Minor CCtr Extcrior Alteiation
(Lionshcad)
Spccial Dorelopmcnt Disbict
Major or tr MinqAmcndmcnt to an SDD
D.
E,
F.
G.
FEE - SEE THE SI,JBMITTAL REQUIREMENTS FOR TIIE APPROPRI.ATE FEE.
ST'BMIT THIS APPLICATION, ALL SI'BMITTAL REQTJIREMENTS AI{D TIIE FEE TO TEE
DEPARTMENT OF COMMIJNITY DEVELOPMENT,75 SOUTE FRONTAGE ROAD,
VAIL, COLORADO tr657.
For Office Use OnU:
Fee Paid:_ Ct#:By:
Application Date:_ PEC Mccting Date:_
\ln\ 6 thtb p11sys. Q:?&- Ez Tz-
kvird6D6
auerdc}lt thc Planning Stalf at 479-2138
CATION FOR PLANNING AND ENVIRONMENTAL
COMMISSION APPROVAL
ilo'cl "
CENERAI INFORMATION
This application is for any project requiring approval by the Planning and Environrnental Commission. For spccific
information. scc the $bmittal rcquircments for thc particular approvd that is rcqucstcd Thc application can not bc
acceptcd until all rcquircd information is submitted. Tlrc projcct may also nccd to bc rwicured by the Town Council
and/or thc Dcsign Rcvicw Bord
A. TYPEOFAPPLICATION:
){ eaaitional CRFA(250)
tr' BcdandBrcalfast
O Conditional Use Perrnit
tr Major or El Minor Subdivision
tr Re2oning
tr Sigrr Variance
! variancc
tl Zoning Code Amcndrncnt
c.
, \-,,
LOCATION OF PROPOSAL: LOT-I-BLOCK-2 FILING VV 1+h
BUILDINGNAME:
ZONING:
NAME OF OWNER(S):
MAILINCAI)
V=1
owNER(S) STGNATTIRE(S) :
NAME OF REPRESENTATTVE:
MAILING *'U'S YO -zO98
DESCRIPTION OF THE REQUEST:
eric johnson ar c h i t e c t, P.c.
LOT 1, PARCEL B, BLOCK 6, VAIL VILLAGE FILING 7
IOOT EAGLES NEST CIRCLE VAIL, CO. 81657
LIST OF ADJECENT PROPERTY OWNERS
TRACT A & C, BLOCK 2, VVF 7Th62O &967 YAIL VALLEY DRIVE
TOWNOFVAIL
75 S FRONTAGE ROAD
VAIL, CO 81657
LOT I, BLOCK 6, WF. 7th 1OOI VAIL VALLEY DRTVE
ANNREPETTI
IOO1 VAIL VALLEYDRIVE
VAJL. CO 81657
LOT 2, BLOCK 6, WF 7th IOI2 VAIL VALLEY DRIVE
CENTRAL MISSOURI COMPANY
SAMB. COOKTRUST
238 MADISION
JERRERSON CITY, MO 6510I
LOT 3, BLOCK 6, VVF 7th IO22 EAGLES NEST CIRCLE
DR. THOMAS &FLO STEINBERG
IO22EAGLES NEST CIRCLE
VAIL. CO 81657
LOT 4. BLOCK4, VVF 7th 992VAIL VALLEY DRIVE
MAY B. KELLEY & F. RAYMOND JR.
2950E. STAMFORD DRTVE
ENGLEWOOD. CO 8OIIO
LOT l, BLOCK I, WF 8th
EVAN JONES
IO31 EAGLES NEST CIRCLE
IIO13 CRIPPLE GATE ROAD
POTTOMAC, MD 20854
LOT 2., BLOCK l, WF 8th
DANDeROULET
I42O RIDGE ROAD
IO42 EAGLES NEST CIRCLE
LATIREL HOLLOW" NY II79I
PO BOX 2088 VAIL CO 81658 970.926.s292 FAX 926.5293
m=" MAY AFFEcr rorr r*orr#
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Plannino and Environmental Commission of the Town of
Vail will hold a public hearing in accordance dith Section 12-3-6 of the Municipal Code of the
Town of Vail on July 26, 1999, at 2;00 P.M. in the Town ol Vail Municipal Building. In
consideration of:
A request for a minor subdivision, to allow for the establishment of single-family lot boundaries
within a clustered residential suMivision, located at the Residences at Briar Patch, 1386 Buffehr
Creek Boad / Parcel F, Briar Patch.
Applicant: Web Atwell/ Briar Patch HOAPlanner: Erent Wilson
A request for a minor subdivision, to allow for the vacation of an existing lot line to re-establish
two fots, located at 1397 & 1427 Vail Valley Drive / Lots 6 & 7, Block 3, Vail Valley First Filing.
Applicant: Phoebe Barrett, represented by Gwathmey-Pratt Schultz ArchitectsPlanner: Allison Ochs
A request for a rrariance from Section 12-6C-9, Town of Vail Code, to allow for two-family
residential site coverage in excess of 20/" of lot area, and a request for a conditional use
permit, to allow for the construction of a Type ll employee housing unit, located at 1007 Eagle's
Nest Circle i Lot 1, Block 6, Vail Village Filing 7.
Applicant: Kathleen Ferry, represented by Eric Johnson, ArchitectPlanner: Brent Wilson
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-21,38 for information.
Sign language interpretation available upon request wilh Z4hour notification. Please call 479-
2356, Telephone fo,'the Hearing lmpaired, for information.
Community Develcipment Department
Published July 3, 1999 in the Vail Trail.
eu..,,onrr|ilhc Ptii:rning statTai,i79-l l2s
GENERAL INFORMATION
This application is for any projcct rcquiring Design Rcvicrv approval. Any projcct rcquiring dcsign
rcccivc Dcsign Revicrv approval prior to subrnitting for a building pcrmit. For spccific information. sce thc submittal
rcquircnrcnts for thc particular approval that is rcquestcd. Thc applicatiou cannot bc acceptcd until all thc requircd
inforntation is subnrittcd. Thc projcct nray also nccd to bc rcvicrvcd by thc Torvn Council and./or thc Planning and
Environnrcntal Conrnrission. Dcsign Rcvierv Board approval cxpircs onc ycar aftcr final approval unlcss a
building permit is issued and construction is started,
A. DESCRtpflON OF THE REQUEST: L6o G?+* t'pr> + t"@ E ql*
AtrpL'TLoN / ?st4'oaeu-
APPLICATION FOR DESIGN REVIEW APP
YP* -ol b s
ytcn'C
lo^TO],//N OFVAIL
B.LOCATION OF PROPOSAL: LOT:BLOCK: 6 FILINC:1*-.. vV
PHYSTCALADDRESS: \oo1 E>lfuc N4 GNr I o .
o
C.
D.
E.
F.
G.
PARCEL #:
ZONING:
(Contact Eaglc Co. Asscssors Officc at 970-328-8640 for parcel #)
NAME OF OWNER(S):
MAILINC ADDRESS:Vf PHONE: 4-lr-- Vgz+
OWNER(S) SIGNATURE(S) :
NAME OF APPLICANT:
MAILING ADDRESS:
PHONE:
TYPE OF REVIEW AND FEE:
€ Ncw Construction - $200 Construction of a new building.
plAOOition - $50 Includcs any addition rvh....qu*" footagc is addcd to any rcsidential or/ \ comrncrcial building.
tr l\{inor Altcration - $20 Includcs nrinor changcs to buildings and sitc improvcmcnts. such as,
rcroofing. painting. window additions. landscaping. fcnccs and rctaining
waus, ctc.
DRB fccs arc to bc paid at the tinre of submittal. Latcr. rvhcn applying for a building pemrit. please identify
thc accuratc valuation of thc projcct. Thc Torvn of Vail rvill adjust thc fce according to the project valuation.
PLEASE SUBIIIIT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE
DEPARTMENT OF COIVIMUNITY DEVELOPIVIENT,75 SOUTH FRONTAGE ROAD.
VAIL, COLORADO 8I657.
llru[ L.raIL-; UKE.MeennquET€i-, :,
.: : - :. :':,::il
t"
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Design Review Action Form
TOWNOFVAIL
hoject Name: Ferry residence
Project Description: Temporary unpaved parking area
Owner, Address and Phone: Kaye Ferry, 2395 Bald Mtn. Rd., Vail, CO 81657
Architect/Contact. Address and Phone: Eric Johnson
Project Street Address: 1007 Eagles Nest Circle
Legal Description: Lot l, Blk. 6, Vail Village 7s
Parcel Number: Buildine Name:
Comments: Temporary parking are provided in anticipation of a permanent parking area being provided within
six months.
Project#:
Board / Staff Action
Motion by:
Seconded by:
Action: Staff approved
Vote:
Conditions: l. Approval is granted for a period of 6 months.
2. Parking area shall be improved with gravel or mulch and shall be maintained in an orderly fashion free of
standing water and mud. It shall be the owner's responsibility to remove related debris or dirt from the street.
3. All on-street parking shall be discontinued.
Town Planner: Dominic Mauriello
Date:6124199
erlc Jo
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PO BOX 2088 VAIL CO 81658 970.926.s29?
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L-o6p|,J,.. ,A/ /O
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E.$r "f AsFar4t
FAX 926.5293
OA/IJ/SS miD l7:22 FAtr
DESCzuPTION OF THE REQUEST:
s70 fia 7ss4 cDf,f, @oor
D"r- t,.*- Lo Lo**onr, f*" r,,,,rTr*L:,..3p
APPLICATION FOR DESIGN REVIEW APPROVAL
CENERAIJNEORMAIION
ni* ulrpti."ti* is for ury projcct rcquiring Dcsrp Rwicv a6troval. furygojcct rcquiring dcsip rwi* tltl
-
rcccivcbcsigrt Rcrriew apprwal prior to srUmittrng for a buiiding pcrmit Fon specifio infonradon" scc tbc submitbl
rcquircmcnLs-for tt
"
prt i.ut"r rpprovat that is reqriescd Tlrc application carrnot bc acceptcd until all thc rcquircd
information is slbmiitcd. Thc piojcct nuy also nccd to bc rcvicwcd by tlc Tsffi Co@cit end/or thc Plaming and
Envinotlnrcntal Cornmission. dcsign ncyistr| Boerd appro'rl orpircs onc ycar eftor fisll spprwct unlcss e
building pcrmit is issucd and construction is strtcd.
rcvN 0FVlIl,
B.
c.
D.
E.
LOCATTON OF PROPOSAL: LOT: I BLOCK: 6 FILINC
H{YstcALADouass, /DbZ. Et/'- ,! 4 f}h
-
pARCEL #: lforrtrt Eagtc Co. Asscssors Office at 9?G32E-8640 for parcel #)
F.
G.
ZONING:
NAMEOFOWNER(S):
MAILINC
owNER(s) sIG1{ATURE(S):
NAME OF APPLICA}.IT:
MAILING
TYPE OF REVIEW AND FEE:
O Ncw Construction - $200
O Adttltlon - t50
E Minor Altcrztiou - S20
PTIONE:
PHONE:
Curgtsuction of a new building.
IrrcIuds any addition whoc sqrnrc foobgs is addcd to afly rcsid$tid or
commocial building
lncludes minor changes to buiklings and site improvcrnents, srch as'
rcoofing. painting windor additions, landraping. fcoccs and rctaining
wallg ctc.
DRBfccsarctobepaidatthctimeofsubmittat. Latcr.whcnapptyhgforabuildingpcrmilpl€sscidcntify
thc accuratc valuation of the prpjsct. Thc Toflr of Vail will adust thc fcc according to thc pojcct valuatiqr
PLEASE STJBMTT THIS APPLICATTON, ALL SUEMITTAL REQUIREMENTS ANII TTIE TEE TO TIIE
DEPARTMENT OT' COTVIMUNTTY DEVELOPMENT. 75 SOUTH F'RONTAGE ROAD'
vArL, coLoRADo 81657.
*rV -T'ff"#;
bd= stb@rur--r:O
L.-J\-(L'| .
and Environnental Commission Se:.;.--t.
Developnent Departnent
1989
<P-r-rS, noJ
c*L.,(G€ Ba-
q {, DD*--'+l
tso - g)a r 5 f--^Je
Tes-W- P"-ct +tE
c-,{^Jct(
- $-o
TO:
FROM:
DATE:
Planning
Connunity
April J.0,
Vota
suBfEcr: A request for front setback variance in order toconstruct a garage on Lot 1, Block 6, Vail Village 7thFiling.Applicant: Ann Repetti
I.DESCRIPTION OF VARTANCE REQUESTED
The applicant is.reguesting a front setback variance of 5, inorder to add a singre car garage to the residence. A portionof. the- existing residence iafli within tne iJe"ii"a zo,setback, and there is a circular driverilay on €n" prop""tywhich is located ar.nost entirery witnin io"" "i-v'uir-.ouiI_i?l!-:I;ylV: rhe proposal wili keep this driveway, andwnrre.utrrizing the existing road cut, add a smarr extensionof driveway and a.single cai garage. The garage encroachesapproximatery 5' into the reguirea eo, setiack] The reasonfor tle requested encroachrnerit is that the applicint desiresto rnaintain light, air and ventiration to an'Lxisii"q io"r-inthe house. The only exterior exposure of this room wourd beblocked. by the garage were it to completely meet the Town ofvarr setback reguirements. The stafi has ieceived. rettersencouragilg approval of this request from the owner of theother half of the duplex and frdm some of the adjacentproperty owners.
TT CRTTERTA AND FTNDINGS
Consideration of Factors:
The relationship of the re ested variance to otherexlting or potent aI uses and structures thev
Upon review of Criteria and Findings, Section l_8.6I.060 ofthe nunicipal code, the Departrnent-oi corununity Deveropnentrecommends approval of the reguested variance 6ased up6n thefollowing factors:
A.
The. existing residence currently encroaches to within 6,of the.property line. The garale has been locatea i.na portion of the site that rniniiizes the degree to whicha variance is required._ Although there i" pty"iciffyroon on the site !.o pufJ.. tne gaiage back another 5,, itwould create a substantiar haidship to tne exisling'unitby blocking all tight, air and venlitati;" a;-;-;ortionof the interior of the residence.
B.
!_
teral
treatment
ob
rivil
o which
to achieve tsitesthe vic
thout
from the strict
f at
of to attain thEof special
/\udl
Il:-:Ii::ing developuent on site currently encroacheswrEnln^ the required setback and ttre residlnce does notcurrently have adequate on-site parking. ifr. gu"ige hasbeen sited in such a way as to nininiz6 trr"--J"6r"e towhich a variance is reqiired and yet maintain-€rre-functionality of the in-terior of Lhe existi"d i"=iaence.without requesting a separation of the g"it6 iioln tn"residence, which is desirable to n"iinei-[nE-o""i]:"Review Board or the staff, we do not see ""i "it"i vruythat this garage nay be sitea without requiiinc avarlance. The Town of Vail has traditionally 5ncouragedgarages to be bui1t, particularLy when they lre ""f"iigan existing on site pirking probiem.
)::;-
w+ t6" d-,(^
'iF"tdt-
f<""?i DgD
ht
and
- ,,Jgh""93 , -\.'\tzt.'' .rn*{S ?v- A.-Rh){<- ,^ be_ The requested encroachment does not affect;:r"o-- p ]-o with respect to any of the above mentioned
?.e eff th ested vari ri and trc distribution of ulatio tion fficfacties, and t
Iight andcriteria.a1rcriteria.
IV. FINDTNGS
The Plann aTd Environrnental Conmission shall nake thefollowinvarrance:
Ra/t(.- t eS q ----' svPt'svg L\., qrrv er Lfre arov€! menELoned c:I'itel'i
&"'ffi
l;$:"*
That the granting of the variance will not constitute a grantof. special privirege inconsistent with the rirniiaiions onother properties ctassified in the same aistrict. -
That the.granting of the variance wirr not be detrimentar tothe public health, safety o, w.tiure, or naterially injuriousto properties or improvements in tne'vicinfit:----
That the variance is warranted for one or nore of thefollowing reasons:
The strict or literal interpretation or enforcement oflfe specified regulation woirta result in practi-afdifficulty or unnecessary.physical rrarasn'if-i"cor,=irt"r,twith the objectives ot ttriS tit:.e.
TOWN OFVAIL
75 South Frontage Road
Vail, Colorada 81657
970-479-2100
FA){ 970-479-2157
July 1, 1999
Eric Johnson, Architect
PO Box 2088
Vail, CO 81658
Re: Lot I, Block 6, Vail Village /h Filing - the Ferry Residence
Dear Eric:
I have completed a preliminary review ofthe plans for the above-referenced property and am
forwarding the following comments:
. Based on a confirmed lot size of 15,942 square feet, the allocated GRFA for this property is
as follows:
Total Allowable GRFA
25o/o of the fust 15,000 sf of lot area: 3,750 sf
Credit for Type II EHU -- 350 sfx
l|Vo oflot area above 15-000 sf:
425 sfcredit per unit:
Total
Total Proposed GRFA
Existing Unit A
Existing Unit B
Addition to Unit B
94 sf
850 sf
5,044 sf
2,097 sf
2,097 sf
917 sf
Type II EHU 350 sf
Total 5,461 sf
xSection 12-I 3-5, Tovm of Vail Code requires that the 500 square foot credit be used only
for the constluction of an employee housing unit. Although you may receive 500 square feet,
your proposal is for a 350 sEtare foot EHU. The remaining credit may not be pooled to
either of the other two tmits.
The proposed GRFA on this project exceeds the allowable by approximately 417 square feet.
{g"oottor ro
' Pursuant to Section 12-13-5, Town of Vail Code, existing residences are not required to
provide enclosed parking for a Type tr EHU. This is only required for new construction
projects or demolition/rebuilds. Although the provision of an enclosed space is preferable in
most situations, in this instance it increases the proposed site coverage non-conformity.
r Currently a non-conformity exists on the property with regard to the "60/40" GRFA split.
Both units contain 2,097 square feet (44.6Yo of the total allowable GRFA). Under the
Town's Two-Family Primary/Secondary zoning regulations, one of the two units may not
exceed 40%o of the allowable GRFA for the property. Once one of the two units expands to
become the "primary" unit, the other "secondary" unit will receive a non-conforming status
and be prohibited from expansion. Additionally, the utilization ofthe 500 square foot credit
for the Type II EHU v/ill prohibit the adjacent owner from utilizing the "250" bonus credit in
the firture. Although this issue will not affect your remodel proposal, both owners should be
aware of this situation.
Please revise your plans for a conceptual review at your earliest convenience. I will need at least
three business days to review the plans prior to your anticipated DRB meeting. Applicable code
sections have been included for reference. Ifyou would like to set up a meeting or discuss these
issues in greater detail, please contact me at (970) 479-2128.
Sincerely,
W'ft&-
Brent Wilson
Planner tr
B.
VA565 or-o3A.rl ,r,
12-13-5: TYPE II EMPLOYEE HOUSING UNIIT:
A. Purpose: To allow for the construction of an employee housing unit on lots in the
Single-Family, Two-Familg Primary/Secondary and Agricultural Open Space Zone Districts
which meet the minimum lot size requirements for said Zone Districts.
General Conditions:
l. It sha[ be a conditional use in the Single-Family Residential, Two-Family Residential and
Primary/Secondary Residenti aJ, Zone Districts.
2. It shall be permitted only on lots which comply with the minimum lot size requirements for
total lot area of tfie zone district in which the lot is located.
3. It shall be located withiq or attached to, a single-family dwelling or be located within, or
attached to, a two-family dwelling pursuant to subsection l2-11-5I of this Title, design
guidelines duplex and primary/secondary development. It may also be located in, or attached
to, an existing garage, provided the garage is not located within any setbaclg and further
provided that no existing parking required by this Code is reduced or eliminated.
4. It shall not be counted as a dwelling unit for the purposes of calculating density. Ilowever,
it shall contain "kitchen facilities" and a "bathroom" as defined in Section 12-2-2 "Definitions"
ofthis Title. It shall be permitted to be a third dwelling unit in addition to the two (2) dwelling
units which may already exist on the lot. Only one Type II employee housing unit shall be
allowed per lot.
5. It shall have a gross residential floor area not less than tkee hundred (300) square feet, nor
more than nine hundred (900) square feet. An applicant, howeveq shall be permitted to apply
to the Department of Community Development for additional gross residential floor area not
to exceed five hundred (500) square feet to be used in tle construction of the employee
housing unit. The applicant shall submit an application for the additional gross residential floor
ilrea on a form provided by the Department of Community Development. Approval or denial
of the request shall be made by the Design Review Board in accordance with Section I2-LI-4
of this Title. If an applicant obtains Design Review Board approval for five hundred (500)
square feet ofadditional gross residential floor area for the employee housing unit, he or she
shall not be entitled to receive additional gross residential floor area pursuant to Chapter 15 o{
this Title for either unit on the lot. If an applicant obtains Design Review Board approval for
not more than two hundred fifty (250) square feet ofadditional gross residential floor area for
the employee housing unit, he or she shall be entitled to receive additional gross residential
floor area pursuant to Chapter 15 of this Title for one dwelling unit on the lot.
6. It shall have not more than two (2) bedrooms.
7. No more than two (2) adults and one child not older than sixteen (16) years of age shall
reside in a one-bedroom Type II employee housing unit. No more tlnn two (2) adults and two
(2) children not older than sixteen (16) years ofage shall reside in a two-bedroom Type II
employee housing unit.
8. Each Type II employee housing unit shall be required to have no less than one parking
space for each bedroom located therein. However, ifa one bedroom Type II employee
housing unit exceeds six hundred (600) square feet, it shall have two (2) parking spaces. All
parking spaces required by this Code shall be located on the same lot or site as the employee
housing unit. If no dwelling exists upon the properfy which is proposed for a Type tr
VA5O5 o?-03A. ro ,r,
employee housing unit at the time a building permit is issued, or if an existing dwelling is to be
demolished and replaced by a new dwelling, not less tlan one of the parking spaces required
by this subsection shall be enclosed. A ttrree hundred (300) square foot gross residential floor
area credit shall be allowed for the c,onstruction of one enclosed parking space for the Type II
employeehousingunit. (1997 Code: Ord. 14(1994) $ 2: Ord. 9(1992) $ 4)
12-13-6: TYPE III EMPLOYEE HOUSING UNIT:
A. Purpose: To allow for the construction of employee housing units in multiple-family and
mixed use zone districts.
B. General Conditions:
l. It shall be a conditional use in t}re Residential Cluster, Low Density Multiple-Fanily,
Medium Density Multiple-Family, Ifigh Density Multiple-Family, Public Accommodation,
Commercial Core I, Commercial Core II, Commercial Core III, Commercial Service Center,
Arterial Business District, Parking District, General Use, and Ski Base/RecreationZone
Districts.
2. It may be constructed on legal nonconforming lots and sites as well as on lots and sites
which meet the minimum lot size requirements in the zone district in which it is located.
3. It shall be counted as five-tenths (0.5) dwelling unit for the purposes of calculating densrty.
The number of Type III employee housing units shall be determined by the Planning and
Environmental Commission as part of the conditional use permit review process set forth in
Section 12-16-6,"Criteria; Findings" of this Title.
4. It shall have a gross residential floor area ofnot less than four hundred fifty (450) square
feet and not more than nine hundred (900) square feet.
5. It shall have "kitchen facilities" and a "batbroom" as defined in Section 12-2-2-
"Definitions", of this Title.
6. It shall have no more than two (2) bedrooms.
7. No more than two (2) persons for each bedroom located therein shall reside in a Type III
employee housing unit.
8. It shall be required to have one parking space for each bedroom. However, ifa one
bedroom Type III employee housing unit exceeds six hundred (600) square feet it shall have
two (2) parking spaces. Any guest parking requirements shall be determined by the Planning
and Environmental Commission as a part of the conditional use permit review process set
forthin Section 12-16-6 ofthis Title.
9. It shall not be entitled to additional gross residential floor area in accordance with Chapter
15, "Additional Gross Residential Floor Area" ofthis Title.
10. Gross residential floor area shall be determined as set forth in Section 12-2-2 ofthis Title.
11. A Type Itr employee housing unit may be rented in compliance with Section 12-13-2 of
this Title or it may be sold, transferred, or conveyed separately from otler dwelling units or
employee housing units that may be located on the same lot or within the same building in
which the Type Itr employee housing unit is located so long as it meets the following
Oct-15-99 l.2:ztsP LINDSTROM ASSoC'IATES l.-
,- ..^"t(Jrv| AS5(JC:rATES t*ff 926_s293 p.ol
a r c h i t e c t, p.c.
WAddl^ (**-€i t"t
vt> #ra b+5'alt+g
eric johnson
June 28, 1999
Town of Vail / Planning and Environnpntal Commisgion
Dcpartnrcff of Conrnmity Developrnent
III S,FrontageRoad
vail, CO E1657
RE: K. FERRY RESIDENCE
LOT I, PARCEL B, BLOCK6, VAIL VILLAGE FILING 7
IOOT EAGLESNEST CIRCLE VAIL. CO. 81657
LIST OF ADJACENT PROPERTY OWNERS
Vail Villagc 7th Filing Block 6
l00l VailValleyDrive tuinRepedi/SusanRuthcrford
3466 Elta Lee Lane Houston Texas 77027
l0l2 Vail Vallcy Drive Central Mssouri Conrpany
SamB. Cook Trust
238 Madison St. Jefferson City, MO. 65101
967 Vail Valley Drive Don E. Ackermrn
2431I Walden Center Drive
Bonita Springs, FL 34134
W2Vul Valley Drive l"Iay B Kelly / F Rayrmnd Jr.
2950 E. Stanford lhive
Englewood, CO 80110
1002 Vail Valley Drive Tom & Flo Stcinberg
PO Box 13 VaiL CO E1658
Vail Vilage 8th Filing Btock I
l03l Eagles Nest Circle Evan Jones
11013 Cripplegate Road Pototnac, MD 20854
1042 Eagle Nest Circle Daniel de RoulA
1420 Ridge Road lanrelHollow, NY ll79l
PO BOX 2088 VAIL CO 81658 970.926.5292 FAX 926.5293
I PLAmc AND ENVTR.NMENTAL co**#
PUBLIC MEETING SCHEDULE
Monday, July 26, 1999
FINAL AGENDA
Proiect Orientation / PEC LUNCH - Communiw Development D,eoartment 11:30 p.m.
DRB/PEC/Town Council Roles and Responsibilities in the Development Review Process - (1 hour
discussion)
MEMBERS PRESENT
John Schofield
Galen Aasland
Diane Golden
Brian Doyon
Tom Weber
Chas Bernhardt
Doug Cahill
Sile Vislts :
MEMBERS ABSENT
1:00 p.m.
1 . Ferry - 1 007 Eagle's Nest Circle2. Barrett- 1397 & 1427 Vail Valley Drive3. Dobson lce Arena-321 E. Lionshead Circle
George
NOIE: lf the PEC hearing ertends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Ghambers 2:00 p.m.
1. A request for a minor subdivision, to allow for the establishment of single-family lot
boundaries within a clustered residential subdivision, located at the Residences at Briar
Patch, 1386 Buflehr Creek Road / Parcel F, Briar Patch.
Applicant: Web Atwell/ Briar Patch HOAPlanner: Brent Wilson
MOTION: Tom Weber SECOND: Doug Cahill VOTE:7-0
APPROVED WITH 1 CONDITION:
1. That the applicant provide the Town of Vail Department of Community
Development with a revised final plat with all required signatures for recording,
prior to submitting an application lor Design Review for any proposed
improvements on the property.
CCPr
Driver:
KET
A re$lelt for a minor subdivision, to allow for the vacation of an existing lot line to re-
e*Cfiish two lots, located at 1397 & 1427 Vail Valley Drive / LoF 6 & t Btock 3, Vail
Valley First Filing.
Applicant: Phoebe Barrett, represented by Gwathmey-Pratt Schultz ArchitectsPlanner: Allison Ochs
MOTION: Galen Aasland
APPROVED
SECOND: Chas Bemhardt VOTE:6-0-'t (Doyon recused)
3.A request for a variance from Section 12-6C-9, Town of Vail Code, to allow for two-family
residential site coverage in excess ot 201" of lot area, and a request for a conditional use
permit, to allow for the construction of a Type ll emplope housing unit, located at 1007
Eagle's Nest Circle / Lot 1, Block 6, Vail Village Filing 7.
Applicant: Kathleen Ferry, represented by Eric Johnson, Architect\Planner: Brent Wilson
MOTION: Doug Cahill SECOND: Chas Bemhardt VOTE:6-0-1(Aasland
recused)
A request for a linal review of a of a conditional use permit, to allow lor a proposed locker
room expansion and loading dock addition to the Dobson lce Arena, located at 321 E.
Lionshead Circle/Lot 1, Block 1, Vail Uonshead 2no Filing.
Applicant: VailRecreationDistrictPlanner: George Ruther
MOTION:Chas Bemhardt SECOND: Diane Golden VOTE:4-3 (Schofield,
Bernhardt, Doyon opposed)
APPROVED WITH 9 GONDITIONS:
That the applicant submit civil engineered drawings ol the required West Meadow Drive
realignment and bridge reconstruction for review and approval, prior to submitting an
application for a building permit.
That the applicant retain the services of a Consulting Arborist to assist in the implementation
of the mitigation measures recommended in the Tree Preservation Plan prepared by A Cut
Above Forestrv of Breckenridge, Colorado dated 3/20/99. All mitigation measures shall be
strictly adhered to for the duration of the construction project.
That the applicant actively participate with the Town of Vail Art in Public Places Board to
develop a visually interesting, yet modest, loading dock gate design, and that the gate be
reviewed and approved by the Design Review Board
That the applicant revise the proposed landscape plan to include the relocation of the existing
vegetation on-site, rather than off-site. The revised plan shall be reviewed and
approved by staff prior to the issuance ol a building permit.
That the applicant revise the proposed site plan to relocate the existing layout of the
pedestrian path and to include brick pavers at the entrance to the loading and delivery
area. The revised plan shall be reviewed and approved by staff prior to the issuance of a
building permit.
4.
1.
2.
3.
4.
5.
6. That lhe proposed pr"n$lr"uired to add a note prohibiting roofmechanica equipment
atop the new addition prior to the issuance of a building permit.
7. That a banier be added to dkect the pedestrian flow from the dumpster to the bike path.
8. That the dumpster area be reclaimed and relandscaped.
9. That the asphalt be minimal when the road is widened.
5. A request for a conditional use permit, to allow for the creation ol a public park, located at
Lots 1,2 & 3, Block H, Vail das Schone/2497, 2485,2487 Garmisch and the unplafted
portion of the SE %, SE %, SW /z of Section 11, Township 5, Range 8'l West.
Applicant: Town of VailPlanner: Allison Ochs
MOTION: Galen Aasland SECOND: Chas Bernhardt VOTE:5-2
TABLED UNTIL AUGUST 9, 1999
6. A request for a minor subdivision, to vacate common lot lines to create a new lot, located
at2477,2485,2487,2497 Garmisch Drive/ Lots 1-4, Block H, VailDas Schone #2.
Applicant: Town of Vail, represented by Nina TimmPlanner: Allison Ochs
TABLED UNTIL AUGUST 9, 1999
7. A request for the establishment of Special Development District No. 37 (Antlers), to allow
for the construction of 24 new condominiums, 7 new employee housing units and a new
parking structure level, located at 680 W. Lionshead Place (the Antlers)/ Lot 3, Block 1,
Lionshead Third Filing.
Applicant: Antlers Condominium Association, represented by Bobert LeVine
Planner: George Ruther
WITHDRAWN
8. lnformation Update
9. Approval of July 12, 1999 minutes.
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2'138 for information.
Sign language interpretation available upon request with 24 hour notif;cation. Please call 479-2356, Telephone for the
Hearing lmpaired, for information.
Community Development Department
v.
,t
'There are exceptions or extraordinary circumstances orconditions applicable to the same siie of the variancethat do not apply generally to other properties in thesame zone.
The strict interpretation or enforcement of thespecified regrulation would deprive the applicant ofprivileges enjoyed by the ownlrs of othei-properties inthe sane district.
STAFF RECOII'IIENDATToN
The staff recomrnends approval of the requested front setbackvariance of 5r. The sllff feels that tlie garage has beensited in such a way as to nininize the reqriest6a [ne degreeof variance reguired. The appricant has dernonstrated aregitinate hardship due to the siting of the existingresidence and the layout of the flooi plan.
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2-zr,tzW*2ort1 fur
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20 mln. doors
new door to ext.
move exlsung
wlndow to wes[ wall
attlc
storage
area
over
REPETTI GARAGE FLOOR PLAN | /8" = l' COHEN CONST. lNC.
/
a'
2x8 collar tles every olher' .
naften, hangored to ledger, ,'
ledger lagged to exisling
framlng, 9'above ff.
2x8 rafters l6'oc attached to exlsllng,
ncw lcdger board lagged Lo exlsting framlng
5/8 0SB decklng w/30. asphalt fell, and
shakes Lo ma[ch.
I
2x10 lacla palnted to .*
match existing
Tradltlonal 2 coat stucco wer
felt and wlre mesh palnted to
-+maLch
2x4 16'oc, double top plate,
horlz. blocklng 48"0c, full
I /2" OSB sheathlng exterior,
thr const w/ 5/8" "x" flre tape
gyp board
grade for posltlve
dranlge
5/8" x 7" anchor
bolt 32" oc and both
sldes of openlngs
slab on compacted
+-- flll and 4" of 3/4
washed rock
cont,8xl6 conc. foober wlth
2 ,4 rebar conl,and vert. rebar
for wall. 4'perlmeter draln \
backfllled w/ coarse gran, mat. \\
8'CNU dry stacked w/ 1/8" otts O-Bond both sldes, base course ln
full mortar bed, conL. vert. t4 rebar
32"oc, all cells w/ rebar grouted
full. new wall doweled to exlstlng,
cells wlth dowels grouted full.-
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R1r.,':\
REPETTI GARAGE, PARTIAL SECTION | 12 " = l' COHEN CONST lNC.
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WINDCn{ lNTo NEW ENTRY
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ACTUAL
PROPERTY
LINE
REUISEO Of,RRGT PROPO$RL TOR RNN REPETTI
t00l uf,tt uf,ttEY 0RtuE, unt[, c0.
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LOT I
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Naw 12"x48"
tempered glass
flxed wlndow
for north llght
Bullt ln sLorage New entry
landlng on
grade wlth
shed roof
20'0"0ver
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Create new attlc
area Yvl
access door from
upstalrs porch,
wcat area
new oaracs
5' 6'
new 3ub
panel
\ Remove existing
\ wlndow and creaLe
\ new exterior entrance
\ to study
flove existin6
wlndow to
west wall of
bedroom
COURTYARD
n\,,\o
REUISEO 6RRR6E PROPOSRL FOR RNN REPETTI
t 00t ufttt URt LEY DRtuE, untl,c0.
colrEN coNsrRUETroN+
P0 BOH 5015, URIL. $CRIE l/8'- l'
Bull[ In sLoragc
Nsw ontry
landlng on
grade wlth
shed roof
oiff
:21-91-
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crcata ncw *rlq,* /
and paw, pave exlS[ing
drlve area t
1t' 4'il/
/
Remorc exlstlng
window and create
new exlgrlor cntrarce
to study
flow exlstln(
wlndow to
wes[ wall of
bcdroom
COURTYARD
REUISTO 6RRR6E PIOPOSRI IOR RHN REFETTI
t00t uRtL u[ttET ontuE, u8tl,c0.
cOIIEN GONsTBUSTION+
P0 B0ll 5015, URIL. SCRtt l/0'- I'
OWNERS OF OTHER HALF OF DUPLEX
IlR & TIRS. DAVIS
IO IO EAGLES NEST CIRCLE
vAtL, c0.8t657
TEL. 7 f3-255-65Q3 x 2O2
7t3-622-t97t H
FAX 7ts-225-1389
a3/t4/89 I4t 1,6 TESCO ga?
03/r5189
PLANN INU ANIJ EI{V I RONHCIITAL COI'I]'IIS3 IOI{
TOI.IN OF VAIL
VAIL, C0L0RAD0
Rc: Proporrd gorage artdiflnn tn the Repetti home.
Dear Sfrs,
?hlr lelLsr'l> [u oLoLe v,, aPl'ov[l of the Planl f6F tho grrrgo
atldition to the dup'lex located at l00l Vail Valley Drlve and
lool faglc t{ecL wiivl*. lJ* have no objcrt{anr ta thc propna'rl 'rnd rre glad thtt the tnwn ir Fnfinllriging pnnpln t0 billld
garages and thus get more cars eff Lhc sLreels.
tdlll0 ttu ttlll not bo rdding tho grnrgo nn nrm hrlf rt thit timn-
we do hope to do so in the-near future and hope that you rule
l-dvorfibly on thirprnpnrrr{ nrft{ltlnn,rnd lltnn on onc ta ouF
l.-l f -f lhr. rluurtuur.
Sincerely.r \ i. ), \-' ,, ru[.,t.-":l F*,.. .0 '1 , , \ .]--, .. ..". ,-t11. --..
flr/mrs xoy b. &aNs, .tr t' \
4ffin4-
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Proiect Appllcation
Project Name:
Io*. LJItl
t1
proiect Descrips;on' Uzr^-) G4PAc.F
conractpersonand en"^. Cr>l P,,'+N& llG - '1G67
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot etock (r , riri'o bly' ??-4 , zone
-
Comments:
Design Review Board
Seconded by:
,Il t'| |
Motion by: U\c L \u Sf t "n'
Os{€/ (*=
APPROVAL-3:o
o*" qf,t
DISAPPROVAL
..toErv S. Tgscnu,rx
TOOI EAOI.E 'g !3EEI oIECI.E
vArI,, coLoBADo al66?
. gos-4.r6-.'ttoil
Ms. Ann Rcpettl
lOOl Valt Vallcy Dn.Vail , CO., 81667
Dear Ann:
We hcreby agrco to your
North sldc of your hourc.
cc: Town of Val.l
8, 1989
declre to bulld a garago on the
(--,.(?n
---/L.0ulla
a3/t4/e9 1,4. tG TESCO ala?
GASTINGS SINCE 1
03/15/89
PLANdINti ANU EI{VIROI{T4EI{TAL COMMTSSION
TOtlIN OF VAIL
VAIL, COLORADO
Rc: Proporrd garage additinn tn thP Repettl home.
Dear S{rs,
?hlr lelLsr ls Lu ulslg v,., 6pl'6vll of thc pla;r fct'tho gerrg0
addition to the duplex located at t00l Vail Valley Drlve anc
10Ol Eag'l c lles L v; r .,1r. $lr have no objart{ans ta thc- prapnc:rl ,
rnd rrr-glad that the tnwn is Fnnnllrnglng penpln to bulld
garages and thus get more cars r.rff Lhc sLrceLs.
tlh{10 tro ull1 not bo:dding tho grnrgr nn nrrr hrlf rt thit timn.
we do hope to do so in the-near future and hope that you rule
favortbly 6h thirFt'hFntF,{ nr{dltlnn and l,rtnn nn nna tq our
l.-l f ..f lhr. rarrurluur.
Sincere1y.r..,' 'rf[..t--r P,,...c f.,'i \
flrlnrs xoy b. DaNs, .lr
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Appl i cati on
PEC MEETING
o.t?-*ro4 13 1q8q
DATE +ptrr.ro rq8q.
APPLICATION FOR A VARIANCE
I. Th'is procedure is required for any project requestinE a variance. The applicationwill not be accepted uniil al'l information is submitted.
A. NAME OF APPLISANT IANN REPETTI
ADDRESS TOO1 VAIL VAIIEY DRIVE
VAIL, C0.8L55?
NAME OF APPLICANT'S REPRESENTATIVE COHEN CONSTRUCTION
ADDRESS P0 Box 3015
pHgNE 476-5581
B.
vArL, co. 87658 pHgNE 4?6-468?
c.NAME OF 0WNER(S) (type or print)__.ANN REPE9TI ROY,S
si ELIZABETH MARTENS REPETTI
REPETTI ROBINSONJ
ADDRESS iIINDATYISTA AVE.PASADENA,CA. (, i';' gltt}s
LOCATION OF PROPOSAL
ADDRESS 1OO1 .VAIL VALLEY DRIVE, VAII CO.
PHONE
D.
F. A list of the names of owners of all property adjacent to the subject property
INCLUDING PROPERTY BEHIND AND ACROSS bfntffs, and their mailing adOresses.-
THE APPLICANT WILL BE RESPONSIBLE FOR CORRECf MAILING ADDRESSES.
II. A PRE-APPLICATION CONFERENCE l,JITH A PLANNING STAFF MEMEER IS STRONGLY SUGGESTEDT0 )DETERMINEIFANY'ADDITIONAL INFoRMATI0N t! nrroen.-r'to nppltcnu0N t^trLL BE
ACCEPTED UNLESS IT_IS C0MPLETE (MUST INCLUDE ALL ITEMs REQUIRED BY THE ZgNiNG
lgU.lNIllRAIgl). IT IS THE APPLicANT's RESpoNsrBrLrry T0 NnrE Rn App0TNTMENT
I.JITH THE STAFF TO FIND OUT ABOUT AODITIONAL SUBMITTAL REQUIREMENTS.
PLEASE NOTE THAT A COMPLETE APPLICATION I{ILL STREAMLINE THE APPROVAL PROCESS FORY0uR PR0JEcr sv oecREAsilG-THE NUMBER 0F coNDrTIoNs 0F AppRovAL THAT THE pLANNING
AND ENVIR0NMENTAL COMMISSI0N MAY STIPULATE. ALL C0NOITI0Ns 0F nppCOvnl-NUir aECOMPLIED WITH BEFORE A BUiLDING PEMIT IS ISSTE-D'.
2. The_ degree to-which relief from the strict or litera'l interpretation andenforcement of a specified requlation is.necessary to achieve-iorpiilIiiituand uniformitv of treatment afrong sites in ttre-vitinitv or to iiiiin';h;'"objecti'res of this tiile without grant or speiiar-priuir.gu.
ITI. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED:
A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REqUESTED AND THEREGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS:
l. The relationship of the requested variance to other existing or potentialuses and structures in the vicinity.
LEGAL DESCRIPTION LOT 1 BLgCK 5 rtgle |th
E. FEE $IOO PAID gy n 7?2!FROM aANN REPETTI
THE FEE MUST BE PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT l^lILL ACCEPT
YOUR PROPOSAL.
OVER
,l Vari ance O-r-
The effect of the variance on light and air, distribution of population,
transportation, traffic facilities, utilities' and public safety.
B. 'A topographic and/or improvement survey at a sca'le of at 'least 'lu - 20, stamped
by a Colorado licensed surveyor including locations of a'l'l existing lmprove-
m'ents, including grades and elevations. 0ther elements which must-be ihown
are parking and loading areas, ingress and egress, landscaped areas andutility and drainage features.
C. A site plan at a scale of at least l" = 20' showing existing and proposed
bui I dings. i
Scl...J*rte BE. A preliminary title report to verify ownership and easements
F. If the proposal is located in a multi-family development which has a homeowners'
association, then written approval from the association in support of theprojebt must be received by a duly authorized agent for said association.
G. Any addit'iona'l material necessary for the review of the application as
determ'ined by the zoning administrator..
* For interior modifications, an improvement survey and site p1 an may be
waived by the zoning administrator.
D. All preliminary building e'levation.
the dimensions, genera'l appearance,
existing and proposed on the site.
Time Requirments
The P'l anning and Environmenta'l Commission meets
of each month. A comp'lete application form and
(as described above) must be submitted a minimum
PEC public hearing. No incomplete applications
administrator) will be accepted by the planning
nated submittal date.
and floor plans sufficient to indicate
scale and use of all buildings and spaces
on the 2nd and 4th Mondaysall accompany'ing materia'l
of 4 weeks prior to the date of the(as determined by the zoning
staff before or after the desig-
IV.
Io
DtrFHRTMtrNT @trEtrMMUNITV DtrVtrt@FMENT
XXXXXXX sALEs AcroN FORM
cosT ToTALAccouNT # treu No. EA. AMouNT
01 0000 41350 COM. DEV. APPUCATION FEES
' tttrr
I t.l l,
vl uuuu 4r4rJ I.SIGN APPLICATION
o
FIIE COPY
75 South Frontage Road
Vail, Colorado 81657
970-479-2 I 3 8/479-2 I 39
FAX 970-479-2452
June 21, 1996
Ann Repetti
1001 Vail Valley Drive
Vail, CO 81657
D e partme nt of Community D eve lopment
RE: Lot l, Block 6, Vail Village 7th Filing
Dear Ann:
In response to your discussions with George Ruther, I have researched the possibility ofadding
additional square footage to your house. The information you have provided to George will need
to be verified by an lmprovement Location Certificate, indicating the lot area and the dimensions
of the building. According to the numbers you have provided, the following identifies the
maximum that can be built, as rvell as existing square footage. Keep in mind these number may
change when the information is verified.
Zonin g: Primary/Secondary
Lot Area: I 5,900 square feet (assuming Parcel A and parcel B are the same size)
Allowable GRFA:
25% of the first 15,000 square feet of lot = 3,750
l0% of lot above 15,000 square feet = _g!Subtotal 3,840
Primary Unit @ 60Yo=2,304
credit + 425
total 2,729
Secondary Unit @ 40%= 1,536credit + 425
total 1.961
Existing GRFA:
2'097 per unit (based upon 2,021 gross square footage, subtracting the garage and adding
the basement area)
{S *n"uoruu
.'r, D 7 ."
. ..,U 3Jl'l
Because each unit in this duplex is identical, one unit must be declqrod the prirnary unit and onc
the secondary unit. It is up to the owners to declare the primary/secondary units. The prinrry is
allowed to add 632 square feet and the secondary unit is only allowed to add squarc footap
utilizing the 250 Ordinance.
I hope this informtion is helpful to you. Again, this information is estimated based upon the
infcrnation you have providcd us and may change once this information has bcen v€rificd. If you
have any questions you may contact me at 479'2128 or George at 479-2145x
Sincerely,
Laprr.,-A)rt,A"rc
Lauren Waterton
Planning Liaison Officer
BF/ 14/ 1996I 71 38771- 759
SUSAN RUTHERFORD
Aw: LtFf€ ttt/E/
/10 Yist I lht//et/Dr
farr, I rt, /.r,t t, A/riJ
l/at t h //r.qe {t /rry 7
hMct tt" Ann
"bfax hcriq fue-, z,LZl +f
fr4f( lnffit *IWitfiW g 6 t7 s f(fu/tt r 1'd" '')
'fit'te ;Lfiet -7 , L)q'i *t ft
( y'tz,tre/'fl )
Ctrnenirot+s i t rrc7r/at
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^ ilnld /t2! br:'..i](t -L./fuLffi#<4n faX mL/' rno/A*ir( {,12t -sS g1'p}
'u fr+x\ ana /e/ /t*-Anbzu h-aaar-
bt"g" .fi/th ,'s a/rrto2t1-j*6; V,i":!!,!t,'.# <int<'15/4|,iuryftroxr Ttit-EZ7-!&B *:tY"X,i/tr
S RUTHERFORD PAGE gL
A6115/1996 L22LE L387717 S RUTHERFORD
SUSAN RUTHERFORD
A+ft*f, fu.of ae R-*f\€-{f
t,Btc* t
rc-. Ann Re+ei{ g$tussa
too\ Uart Ucilleqf
Parc*\ Ar L.ot
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A(e* lrurrrrq Naq 7,C.Z-1 .
basecne.t-rt,dn$ntshrea' 3tJ{
Tng durpt<x u'a-G ht:i tt r.nlqb?hJal l^nur nno+[p-t.. a*dd. Aot,rJ+t t"nLl nno+[p;' addr As,a.. t bl qd.fa+e irr, Eq,TRohfer =t4= oT -l.rrre d.pteXI$ & CfitCfcrr \Cnoale 'of
fYtr,r Mo*her r C*he" eKactshne € tz<., lc+s +l^re €fas-r)-re 5rz€_ rtESstne Qfasldould r#.-.l le* u s t<t'lh*Jhauo rnuc.[.i We cau\d oddDn wt/o r-rui nrq *he sDecral
Z€IS *a1 ft atloutqruei rigfit
hrolt 7f$877.1641 3'=HDo-B?r.t7ss
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BUILDING PERMIT APPLICATION
Jurisdiction of
//a/1
Applicant to complete numbered spaces only,
PLAN CHECK VALIDATION
WHITE _ INSPECTOR
WHEN PROPERLY VALIDATED IIN THIS SPACE THIS IS YOUR
cAsH PERMIT VALIDATION
1w rulrc {!s:: etreor eo cxe:tl
I D ESC R.
," Mb- I uuu. pErLs .o.^#iT^"f]tnfl*T!,,,?''"o11u o .zn"i\*"-us4
SW 4'),l
ARCH ITECI OR OESIGNER
4 ffit<E d -.fizrwGlH 4Dt voe YllV c-71L
5-
L EX OEF MAIL ADDTESS
7 WApe,.EE
8 Crass ol work: tr NEIV fl ADDITI0N !,nlrenerton El REPAIR tr MovE El REMoVE
9 Dercribework: AI-I€EAI\c>lt OF rUo a-c E*tzi:*fi (ru.w. e.cev) -ro reetve
Ijgr^r airlte. ? A.eolTrol)
l0 Change of use lrom
Change of use to
1l valuation ol work: $ @@
SPECIAL CONDITIONS:
Slze of 81d9,
(Totarl sq. Ft.
Flre Sprinkler5
Reouired [ye5 [p6APPLICATION ACCEPTEO 8Y,
OFFSTREET PARKING SPACES:
NOTICE \ \
SEPARATE pEBMrrs AFE REourREo FoR ELeCrhrcAL, PLUMB-
ING, HEATING, VENTILATING OB AIR CONOITION}NG.
THIS PERMIT EECOMES NULL AND VOID IF WORK OR CONSTRUC-
TION AUTHORIZED IS NOT COMMENCED WITHIN 60 OAYS, OR IF
CONSTRUCTION OB WORK ISSUSPENDEDOR ABANDONEO FOR A
PERIOD OF 120 DAYS AT ANY TIME AFTEB WORK IS COM.
MENCED.
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THISAPPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS ANO OROINANCES GOVERNING THISTYPE OF WORK WILL BE COMPLIEO WITH WHETHER SPECIFIEDHEBEIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
PRSS!,,,ME TO GI\l'6 AT.u'HORITY TO VIOLATE OR CANCEL THE,Htrfrel**^n*'rr*;;#i)
SlcNAlUtrE gF COT,IThACTOR OR aUTHORIZEO AGEN
SOI L REPORT
OTHER (Sprclty)
CANARY - AUDIT PINK - APPLICANT
I
TOl'IN OF VA I L
BUILDING PERMIT SUPPLEMENT IAI
PROJ ECT lE L.2 J4'tr,JeN 6TVJPM*Y Apernor.J
The signatures below certify that the following excerpts fromthe 1970 Uniform Building Code, as amended and adopted by the
Town of Vail, Colorado, have been read, understood and will be
adhered to:
9€c+_'9!_ J0! (a) Approved p lans shal I not beor aliered without written authorlzsti on f rom
Section 502 (c) The lssuance of a buil
changed, modified,
the Bu i I d ing Off icl
ding permlt does not give
this code, or any other
ilding 0fficial from fhere-
al
authority to violate any provisions of0rdinance and shal I not orevent the Buafter requiring the correction of same
Sect i on 504 (b) The lnsoectionin fu | | and posted consp icuous ly
by the Bu i I d I ng Depa rtment. Dooff by Bui lding Inspector.
PERMANENTLY OR TEMPORARILY
A CERT I F ICATE OF OCCUPANCY
0rd inaqce l5 ( l967} Before
card shall be read, filled out
in the waterproof holder furnished
not cover up any work not signed
UNTIL THE BUILDING OFFICIAL HAS ISSUED
AS PROV IDED FOR HERE IN.
or Dermanent)
the Town of Vail
Section 306 (a) (d) N0 BUILDING SHALL BE USED 0R OCCUPIED EITHER
any sign (temPorarY
may be used or posted, it shall be approved by
S i gn Rev iew Commi ttee
Ord inance 2 ( 197 l',Genera I Contractor
ith the Town of Vai
and ALL subcontractors
I or fo the starf ofshall be
any wo rk
I icensed w
0wner
STATE OF COLORADO
COUNTY OF EAGLE
The foregoing affidavit and decla
sworn to before me, a Notary Publthisday of
My Comm i ss i on
( SEAL )
onTrac
was duly subscr i bed and
SS
rat ion
ic, by
Exp ires
,19
Notary Pub I ic
BUILDING PERMIT
Vail, Colorado
Pe rrnit
Pe rmission is hereby
as 6q /ata*t-
granted l4 E /7e noe-
to ccn cfns.7b
rate tZt/! ta, n-6.2
a 2 story
.n?,n "" 4f 4t/.c.?/u)/.;/ f#r4
-4 ddre s s
In accordance with the
C ornmittee, subject to
Prote ctive Covenants,
provisions set forth by the Vail
the rules and regulations as set
and in cornpliance with the 1964
/, rchitectural Control
forth in the Vail Village
Uniforrn Building Code.
Group -rType of G onst ruction E
conrractor M E t?"rrre.,
l.pproved
VaiI Building Inspecto
INSPECTION RECORD
(For Departrnental use Only)
INSPECTION
FOUND;\TIONS
.\ PPROVS L COMMENTS DATE & SIGNITURE
boc
€
Fi
FR.A MING
FINAL
ROUGHo
CJ
14 FINI L
ROUGH
Lr,FINI\ L
ROUGH
h0
0)
I
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x
FIN.^ L
/lgo{".
flrl
Jily 10, 1l)-?
..ir'. h. I{. Fivnehan, A.I. A.
,
jl , i lif it :i .,:1:'lii1i-.
i'lt:v.' lilcrk, l:i'-,'.; jork
RE: MERCEF-JOIINSON RESIDENCE
il
Dear lvlr. Renehan: . i
PcflovrinE ar,r resirlts of the plan eheek on the subjec! huilding:
'\
1-, Zloninq rFlijjiires two spar:es of{-street per\ing per
rmlt or foi;r. Only thre..e gp6.ces are indicLtbtl.
2. Pluurbing in the ba9€pent is subject to back pressure
iit case of a sewef't(opp"qe attd so a backwater valve
sirould be installecl. ' '.. ..,
3. Fire place'niirrtfrqnoufb'Qe,fa hches wide with 12
inches on either side of ftib)box. (Sec. 5704)' (j).
iii. i(ilciicnd ljhould lrave $.'1 square feet superficial
l:loor arde]. (sec. Ap\, bl. we have a proposed
agrbllpnrerrt qn- th$.&ctlon to reduce tt tr) 32 square
' . fooi
t'
5.i , Ealcony g.rar,lrails should be 36 inches. (Sec. 1?i4).
'\ t\ ,! /ti. \..]'Bedrodd wlndows should be ln conforraance with-seetid;i 3321.
7. Attlc ventilation should be lrr eonfcrrxance with
Section 3205 (d).
8. Block wcrk needs vertical and horlzontal steel.
(Sectlon 2:j1.4, (lf), 3 and 2418, (f), 3. See enclosure.
tt
t0.
l{eerj a retaining wall detall.
Neeci a letter stating tlrat the building will bt:
constructecl in accordance wlth the iJiT Unllorni
Building Cocle and also that approval has been
obtalned frorn the Architecturirl Control Committee.
--..*--.-2../
7814
Toning Check
Froncis
Doto: Lot Size: 11,721.2 sq. ft.
GRFA House: 1,676.56 s9,ft .
Aportment n23l sq. ft.Totol: f98-.8-Zsq:F
Site Cweroge: 1,736 sq. ft.
Zqre: Two Fomily Primory/Secondory
.13.020 Permitted Uses
Residentiol District
Two Fomily residentiol dwelling
N/A
Goroge
Ruoffflentworth Portnership AIA
Gtober 12, 1978
Required Actuoliffi.rt. ffit.2sq.fr.
30sq.ft. 67.58sq.ft.
Required
20' 32.7' existing
14' I1.4' existing
14' 22' proposed
24' 37'proposed
Prgposed
2 ,598 sq.ft ,
Q2 tq'ft.
. 13.030 Conditionol Uses
. 13.M0 Accessory Uses
. 13.050 Lot Areo ond Site Dimensions
oreo:
frontoge:
. 13.050 Setbocks
front:
northwest side:
southeost sidel
.,,'.{lill,reor:
. 13.070 Distonce Between Buildings
eosi ly mcl . ',+..
.|q.O8O Density Con'liol
Requircd 2.1' between oddition ond building on odioining site
Allored
House Toto l: il, l3dgt*5 tt.ft.Aportment: 156 F338 sq .ft.
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7814
Froncis Addition
October 12, 1978
Zoning Check (con't)
. 13.090 Site Coveroge
" 13. 100 Usoble Open Spoce
Requirement of 500 sq. ft. eosily met
.13 .l l0 londscoping ond Site Developrnent R equired
Allored Propoced
2,344 .24 s9.fr . |,736 sg.ft .
'7,0y'2 sq.ft. 10,5V sq.ft.
min.
Required Proposed
4 spoces Two -cor goroge
Two exterior spoces
.13.120 Porkins
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BUILDING toN
Applicant to
Juridiction
numbered spaces only.
I oEsci.{Ll3EE ATTACH ED rxaET)
MAIL ADOiE!S IIP PHON'
CON TiAETOi MAIL ADDIESS FHONE LICENS' II O..'E/(rCzrrea
AFCHITECT OR DESICNEh MAI I ADD^ESS PHOI.IE LICEN!lE NO.
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USE OF BIJILDING
8 CIASS OI WOrK: tr NEW D AODITION tr ALTERATION ET-REPAIR tr MOVE tr HEMOVE
I Oescribe work: //-
l0 Change of use {rom
11 Valuation of work: $PERMIT FEEPLAN CHECK FEE L/ .
SPECIAL CONDITIONS:
Slze ot Bldg.
(Total) Sq. Ft.
APPROVED FOR ISSUANC€ AY:
OFFSTREET PARKING SPACES:
NOTICE
SEPARATE PERMITS ARE REOUIREO FOR ELECTRICAL, PLUMB-
ING. HEATING, VENTILATING OB AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC.
TION AUTHORIZED IS NOT COMMENCEO WITHIN 60 DAYS, OR IF
CONSTRUCTION OB WORK IS SUSPENDED OR ABANDONED FOR A
PERIOD OF 120 DAYS AT ANY TIME AFTEF WORK tS COM-
MENCEO.
I HEREBY CERTIFY THAT IAPPLICATION AND KNOW TF
N OR NOT. THE GRANTME TO GIVE AUTHORITYSIONS OF-ANY OTHER STA
IGNA!$RE Of CONTiACIOi Oi AUTXOiIZED AOENT
WHEN PROPERLY VALIDATED (IN THIS SPACEI THIS IS YOUR PERMIT
PLAN CHECK VALIDATION
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No. of water cloeets lP
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ESTIMATED COST
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CERTIFICATE OF OCCUPANCY AND COMPLIANCffi. -.r ,. *JRE
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