HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 7 LOT 5 LEGALCO$,!MIY tE\,ELOPtlEt{r
l,arcW/1a7.-h+
Desisn Review Board /+ 4 b/L 7
ACTION FORII
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 tax:,97O.479.2452
web: wvn.vailgov.tom
Protect llame: TEMP DEVELOPMENT SIGN
Project Descrlpdon:
TEMPOMRY DEVELOPMET.IT SITE SIGN
Particlpants:
OWNER ROSENBACH, SUSAN AND GARY 03/09/2007 Phone: 203-629
217 TACONIC RD
GREENWICH
cT 05831
APPUCAi.IT GEORGE SHAEFFER CONSTRUfiON03/09/2007 Phone: 845-5656
PO BOX 373
VAIL
co 81657
License:302-A
ProjectAddress: 107 ROCKLEDGE RDVAIL Location: 107 ROCKLEDGE ROAD
Legal Description: Lot: 7 Block 7 Subdivlsion: VAIL VILHGE 1ST
Parcel Number: 2101-071-2001-1
Comments:
DRBNumber: DRB070O79
Motion By:
Seond By:
Vo@:
GondlUons:
BOARD/STAFF ACTION
Acdon: STAFFAPR
Dab of Approvalt 031 t3l2@7
C.ond: 8
(PI-AN): No changes to these plans may be made without the written consent of Town of
Vail stafr and/or the appropriate revle$, committee(s).
C.ond:201
DRB approval shall not beome valid for 20 days following the date of approval.
Gond: 202
Approval of thls project shall lapse and beome void one (1) year following the date
of final approval, unless a building permit is issued and construction is ommenced
and is diligently pursued toward completion.
Cond: 113
All dwelopment applications submitted to the Town after the effective date of
Ordinance 26, Serles 2(X)5 shall be subject to the pending employee housing
regulations in whaterrer form they are finally ado@; provided, howorer, that if
the Town fails to adopt the pending employee housing regulatlons by April 15,2007,
this Ordinance shall not apply to sucfi derreloprnent applicauons.
.. Planner: RACHEL FRIEDE DRB Fee Paidi $59.00
IUffiV 0FVAL
75 South Frontage Rd.
Vail, Colorado 81657
970479-2138/479-2t39
FAJ(970479-2452
March 13,2007
Rodney Twete
George Shaeffer Construction
PO Box 373
Vail, CO 81658
Faxed to 970-845-7013
Re: DRB074079
DRB07-0079 Lot 7, Block 7, Vail Village l$ Filing
Departme,nt of Community Development
Dear Mr. Twete,
Thank you for your sip. application for a temporary site development sign at 107 Rockledge
Road. You application has been staffapproved and you may install the sign at your earliest
convenience.
Do not hesitate to contact me with any questions or concems.
Best.
Qsu'lX^*
Rachel Friede
Planner, Town of Vail
(e70)479-2440
Rfriede@vailgov.com
Sign Application for Design
Departnent of Community
75 So|Jth Frontage Road, Vail, Colorado h4AR o, 2007
|e]lt 970.479.2L39 fa''i 970.479.2452
web: www,vailgov. com
l'o\l/i'j I ' '. '-t !l
General Information:
All proiects requirirp design rwiew mu$ r€cei\re appro\ral prior to submitting a bulHing permit application. Please
r€fer to the $bniud requiren€nts for the particuhr approval that is requested. An application for Design Re\ria,
cannot be accepted until all required infonnaton is received by the Community Development Departrnent The
project rnay also need to be re\rieured by the Torm Council and/or the Planning and Environrnental Commision.
Design rwiew approval lapses unless a building permit 'ts issued and oonslruction commences within
one year d tfie approval.
Location of the Prcposah Lot:Block:SuMivision:7i*tf
Physical Addrcss:
Parcel I{o.: }
Zoning:
Name(s) of Owner(s)l
ilailing Address:
Owner(s) Signature(s) :
I{ame of Applacant:
Mailing Address:IVJ
E-mail Address:
d(s
Q
B
$
J-
TyDe of Review and fee:
VsBnt
U Conceohnl Review
E l,levr C.onsbuctbnI Addition
tr Minor Alteratbn
(multi-family/commercial)
D Mimr Alteratidl
(single-fami[/duplex)
D Chang€s to Appro\red Plans
D SeDaratbn Reouest
$s0
No Fee
Plus $1.00 per square foot of total sign area.
I'
For cor$r.rctbn of a rnw building or d€mo/rebuild.
For an addition where sqere footag€ is added to any residential or
comrnercial building (indudes 2p addifions & inbrior conversions).
For minor ctBnges to buiHirgs and dte improvements, srci as,
r€rmfing, paintins, window €dditions,tlalOstafing,ltences and
retaining wallt etc. I Jflt,v'l
For mimr changEs to buiHings and site imprdvemenQrg$49.-
rcrmfirp, paintirE, windovr ladditi]ns, landsapin]i-frEes an<t
retainlrE walls, etc.
For rsyisions b plans already approved by Plarnrng Sfff or the
Design Revle$, Board.
$6s0
$300
$2s0
$20
$20
2 | f t 61 t >oot t '1c.ontu.t Eagle Co. Assessor at 970-328-86,10 for parcel no.)
Phone:
ForOffiEelrseorfu
Feekil: 5a. at'
-ffi SIGI{ APPLICATIOI{
SUBIIITTAL REQUIREI,IENTS
Genenl lnformation
This applicauon is fior any sign that is located within the Town of Vail, Specific requirernents are available
from the Department of Community Development.
I. SUBltlItrAt REQUIREMEI|TS
A. Nameof Business: Gzo^4n Jrt-7Vt- hrZ/'*ty''n
/vB. Building name and physical address!
C. Written approwl fiom condominium association, landlord, and jnint owner, if applicable,
D. T;,pe of sign (check all that apply):
Dfrestarding Sign
EWall Sign
EHanging / Projeding Sign
EDisplay Box
DDaily S@al Board
TJoint Directory Sign
DSuMivision EnFane Sign
El Building ldentificaUon
D Mural
E Window Sign
D Sign Program
tl Gas Filled/Fiber Optic
(TemponrySign
D Other
E,
F.
G.
H,
I.
J.
K.
L.
Number of signs proposed:Number of signs existing:
Sign message:
Sign and lettering dimensions for proposed sign (atbch a colored scaled schematic
drawing@V"=L):-
Length of business frontage:
Height of sign(s) from grade:
Sign LocaUon (attadr a site plan ard an elevation drawirg or a photograph dearly
indicating the proposed location of$gn(s)):
0
3 -'{ rr
E Indicate type, location and number of fixtures.o Indude height above grade, lumens ouFut, luminous area.E Attach a cut sheet for each proposed fixfure.
M, Drawings showing how and where the sign or awnirq will attach to the building and how
the awnirE will be consbucted.
N. The Adminislrator ardlor DRB nny require the submission of additional plans, drawings,
specifications, samples and other materials (irrcluding a modd)lFt&{ttedhdessary t0
determine whether a propct will omply with Design Guidelines or if the intent of the
propoeal is not clearly indicated.
F\de\^ffi t{6lPerrits\Hadn9\DRB\S' _ediztion_12{t2m5.dc
r
Esep dr
L
:
IrflYr' ILLT
Materials and olors of sign (attach samples):
Page I of I
11-742 TEMPOMRY SITE DEVELOPMENT SIGNS:
A.Description: A sign permifted to identiff and describe a project under construction and the
associated hazardous conditions during large scale development periods as determined by
the town council.
1. Size: Any site development sign shall not exceed forty two inches by fifty three inches
(42" x 53") in dimension.
2. Number: One sign per building frontage upon a site.
3. Location: Signs shall be mounted on consfuction fencing. In the absence of construction
fencing, a two (2) sided sign mounted on a four by four inch (4 x 4") post may be placed
within a landscaped planter.
4. Lighting: Not permitted.
5. Special provisions: Temporary site development signs shall be removed prior to the
issuance of a temporary certificate of occupancy.
6. Content No content other than listed below shall be included on a temporary site
development sign:
a. Temporary site development signs shall include the following information:
V ltleropctname. ?osurk rl ""Ga-ft- J /--hb- hus/'u'#' v
Ve) BuiHing permit number. fi01 - 000f_
(3) Contact information. Only one name, one phone nu;nber and one e-mail address
shaff be permitted. GSCc- y+i-SLeSL4 f clttltsl*s{(* c'r'n
(4) Physicaladdress. lil /"o/A/f W- UetL cA E tt'd/
b. Temporary site development signs may include the following information:
(1) Staff approved development slogans.
(2) Brief factual description of the project.
(3) Website address.
(4) Artist rendering.
(5) Proposed completion date. (Ord.29(2005) $ 11:Ord. 19(2003) $ 1)
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TOWNOFVAIL, COLORADO Statement
Statement Nurdber: R070000255 Amount: $59.00 03/L2/2OO7O5:08 PM
Palment Method: check Init: LC
Notation: #88453,/GEORGE
SHAFAER CONSTRUTION CO
Permit No: DR8070079 T!4)e: DRB - Sign Application
Parcel No: 2101- 071-2001-1
Site Address: 107 ROCKLEDGE R.D VArL
Location: 107 ROCKIEDGE ROAD
Total Fees: .S59.00
This Palment: $59.00 Total ALL Pnts: $59.00Balance: $0.00
ACCOI]NT ITEM LIST:
Account code Descript.lon Current Pmts
DR OO1OOOO3LT22OO DESTGN REVIEW FEES
sP 00100003124000 srGN FEES
50.00
9.00
Io
rowNoFvnll- 191' tlrr.( i.trr no. I L'f t-__a_
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0 I O()00 .1 | .l,l l-Ota06d42-r-it
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ITCEIVED FROM
ADDRESS
Itnnit Numbers
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Category Number
Olign Review Action FOn
TOWN OF VAIL
oate 7'Z -?7
erojecr Ntame: KFAF
Building Name:
projec{Descriptton Hof -fuO (belon^l ap'no"\
Owner, Address and Phone:SfrveN Re.*o
{rchitect@;bAddressandPhone: R. A, NuugN
co 9tt"
Legaf Desoiption:Lot 5 ilock ''7 subdivision b/Au l,u4Qc
7O
7sL P/s
Project Street Address:
Comments:
Motion by;
€oard@
Vote:
Seconded by:
! Approval
3 Disapproval
t'stattRpprovat
Conditions:
Town Planner
oae: 1-J -9'7 DRBFeePT-paid-ra BF AD6@ 7D &tY- EEU|/7
uuN.-ot-g? to. lB FRot{'Tov -DEV-DEPT.-coM
o Qr*ions? OO ttt""* $afrat 4?9-2l2tt
APPLICATION FOR I'ESIGN RE\rIEW APPROVAL
ffi "d rys'i'.s.D*-p Tig,gg:lY 33ffiThs aPP|rcmor r5 I{r 'r,rv Fvrq. .'r'BE6 s*EF - -
^li,["g
p6.rt- ic-spccific infomticr, scs ttq $rbmidalJ"i'o*qp nclr,i"* rypro"d prc P PTddsg fn
?
b- --.,--..- **., f,,- ,r,.i,'*.rr rmrir a' r[c redn GdffiJil#ffiilffi J,tr.G*.4-*9{*n*n3g,:*ffircqurEltroris 1(r lrc Fr* rdr dPP've *i.il"c W t" Tocn CoEGil adorthc Ploring ndiohai* it *tt-iito+ The pGojcct nay dso tlcdl-b bc |
-- ^ --^^- -a^- e*or onn'.r'ot n r..i rffinft.," n*rc "ppno*a
crpi* onc yeo* rftcr fiid rpprovd unrco' r
id,ttgp."U.b irncd rd corstncdon ir rortcd'll '\r
THEREQLEST '
to,e7g47g24a2 PAGE
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LOCATION OF PROPO$AL: LOT:
PTTYSICALADDRESS:
€(
?!o.CH, #: Ll O t On I t, O?+-(Conffi Eaelc Co- Assesson Office c 9?G328'8&10 for pmcl #)
ZONING:
NA.T{EOF q46A-
PHONE:
OWNER(S) SIGNATURE(S) :
NAI\4E OF APPLICAT'IT:
MAILING
A.llc-Ls o"
f(oo Oho
IL TYPEOFREVIEIUA}'IDFEE:
fI NcwConetlctsou-3:l(tr Cffiimofamn'building
ftffi;;j --- Sstl 6tdcs ry arldition wbrrc equrc footaee is addcd to uy residcntial m
nlr comdlcrcial tuilding
(flmclareton- $20 lno*dosminma'"igesssbd,ri.gsudsitciqrw€mcnb'srhag
mffi * windw addfirims, Iadrcaping fcocts ud rctaining
tr co.spru,r Rfvicw - $0 lm"ffi ;1fr]l*'ffiHffi,ffiHH*.Hl
dcsipErirtdtncs- TheDRB docsnd vote onc@rEl revicrys'
DRB foes 8fc ro bc paid d the tinc of atbmifiat. Lu' rvtcn @lying ftr a hrilding pcnt'a pledc idcfify
thc prrr& val'dim of thc pojcnt The ToV|r of Vait wil aap* tnc fce apcQrding to tt3 prcfect valuation.
PLEASE SUBMIT TIITS APPLICATION. ALL SI'BITIITTAI' REQUIREMENTS AND TIIE FEE TO TTIE
I}EPARTMENT Or COTr'NTUTVTTV DEVEI,PMEhIT, 75 SOIJTE F'RONTAGE ROAD'
vaII,' COTTIRADO Er6fl-
*1, w Mdd l" eds Pe'n't $20'd
uuN,-o6-97 10. lB FROII . TOV -DE9-DEPT.tD.e?o4 PAGE
IJIIT O[' PROF(XIEILIIAGnIAIS
BUILDINGMATERIAIS:TYPEOI-IdAIEBIAL:Ct}LOR-:'
Si,lirrg
O6crWdl
Fa$is
Soffis
Witdovs
W-mdm'Trim
DoaB
DoorTrim
l{srdaDockRails
Fhr€s
Flash@
Chfunncys
TrdEDcloercs
Grccnhouscs
R*hiqgWalb
Edcrior
Q(trwe 1lfa.
' Ptw cpeci$ dre todttrtr's color. tmbctadmh a snall colc cf,ip
* AII cxtaictigbingrmrstdthoTovr'sLig[ting0rrdinacc 18.54.05qD. Ifoxuialigbingisproposcd,
plre iadiratc 6o !trnbcr of ft(Ets ad loc*ioos oa a scprc ligbiog plat ldstd& cacl firfire typc ed Frovido
thc hdgh abqvc 8nde, lu6 o@. hlninort3 14 ad eL a cut S€Et ofthc lighiDg ffxtuls.
-coro
?e24t
'JUN-OE-EI? tO' le FROU'TOU .DEV-DEPT.
PROPIOSEDIANNCAPING
Boroid-lbc
EXITTTING TREESTO
BEREMOVED
'Mininum rcqrirpmcirts for'ladgcadng
GROUNDC\)VER.
soD
SEED
IRRIGATISI
TYPEORMETTIODOF
EROSIO{CONIROL
OTITER FEATURES (rt{dsing cnlls" fdes'
botroit of nfaidng walls fv{a:rinrn htiglt of salls
unUs crcefrerc on 6cproPertYis6fcct
IDr97O4 E2 PACE
Comon_trbnne @@ sef.
-co!to
?e124t
deqidtms tE€S - 2 ;tt t' caliper
cmifcrous ticcs - 6f€Etin hdght
shftbs - 5 ga|lgtts
pools Gtc.) ncase rycdS. Iodicaretryand
p fiom sabskis 3 fett. Itadmmndgh qf
to.saQ47g24a2to
PAGE S/B
L PRE.APPT-ICATIOI{CCIIEREIICE
A prcqrpli*io codcraoc virh a ptaing stdncr6cr is stmgty crurragp.t No rylit{ion ca-bc
*tpt i't fcss t is orylac It is ite Aplicar's rcspmstility o makc u qointrncnt with thc eoffo
&Emirc additiod sbnirat rcquilcocnts
IL TIMEREOTNNEME!trS
Tbe Decip Rcvirm Bourt rnccs m thc ls ud }d Wodncsdays qf cac'L Drd. A cospldc elicdim
fcm ort all acoonpanying mderirt nr$ bcsryA byrbc Comlt} Dwdopmcnt Dcpatoott
dnimtm of tre uA I Uff tf 12) wcoks pric to ttc dm qf ttrc DRB pDlic bcaring with tlc crccptiut of,
cmccpoalmients'
tu. REIrE[rcRtrERlA
yogr prqwl wilI bc rwicnrsd for coqtire with tic Dasig! Gtidclitros s sct ftrt in Scctim lE51 of,dc
MuticiPal cotlc.
ry- N@
A If e p;opaty is locdcd in a nappcd hazrd arca (i-a sngur avrlaoc,he' roclftll" fl@lda' de{ris
now, vaa4 etc1, a b&ad$dy mt bc $bmificdad tfu owncr mrr$ si8pan fidavil
recogni?nng 6c liat raort priq to tic isrance o,f a buil.F"g pcrnit Applicam rc conagpd
to c[Ek dn frE plnning sran pi* to erbnital of a DRB 4,$icatih to d€€ilino tlo rctationrhip
of ttc prqatY to all m4pcd hffids'
B- BnScPlatrShcctFordt. Pqallsrrveyr,deplrus,UAscryedansaoddcrdteiryrorrcocnts
plm, all of thc follon'ing mrst bG $o!t4l-
I - ptn ste€t si?c ffit ba 24a36-. Fc lrep projcds, lsgr p|al dzc ney bc dlou/!d.
L Scala Ths mininrm scato is I "=2O' Atl platts mls bc et fre saEG scale
3. CrnPtbberscalc"4. Nortl ar'orv-
5. TideHm\pojectrurn4Sfrta&tEssedlesddcsciitrio-
6 lndcatioo ddan fsparcr' add&ss ad phonc nud*'
7. D*esofodginalamgegtaionmda||nflisiodes'
8. VicirityE4fi lowio4*ascaleof I'-l,00Oorlrgrr-
9. Shcct labels ildmrnbcrs.
10. Aborrderwibaninimrnlcft sitlomqgitrof l-5''
ll. tlan€s qf all djctot rocdwaYt.
l2- narl4rod.
C. For nrw co*ucrim ad arlditim, ttc {plics try* $a&e md tzpe thc poid sitc to indicde
propgtytines,proposcdbuitdingpedhdtdingcslcr& AllUtcstobcrcmovedu$tbcbPat lLe
qplicur mrst currrc Eat*aking dme drringthcwiou is trot hdod ty ow. A[ dtctrpilrgr
trd r|rHng nt|t De co@eicd pdr to ttc ||1y dttc DRB nectfog
D. Apflic6vtoffltospparbcfactloDesipReviowBoqdontheirsc.hc&rlodntce{irydsmd
ufio have rct askod in adnaoc tlt dlimdon c Seb iEr bc poqood, witt bve 6cb ihs
reoovcd Amfte DRB sgcndr rdl wh tinc as fre ihm habcoottptblishod-
E" IfthcDRB 4provestlcapplicdiowitlcoditims qmaificaioos, dl cmditios ofaproral
nost bs r€soltted piia o the isoncc of a hildiry pcrnir
'..' 'JuR-oB-g? te '19 Fllott' To1,-DEV_DEPT.
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INNOR ALTERAITIONS TO IH3 EI{TDRIOR OF BUIIJ'ING{I
AND SITEIMPROWMENTS
cqr.YERAL TNFORMAIICIS
Ttb pplicaticr +pfrcs O ctryes 'n'iL to a sitc or qltrir atHirrrs of a buil@; Aoy atlefatiqr in
wticb additional hildirv sqtre ftotrgc b addcd wilt nryire u'lddilimf 4flicaio-
r@
Photoc s*ctcheswhich clcarly coveyee criuing ceditios
Phfios qdc.ilhcs which clgly cdlvcy thc popcod hrilding r citc altcdioo(s)-
AU rdevatrt ryccificaionsfrrtbe popocal inctudiagolcs ad udcriabto be6od-
Cmdqrinino Assmiatim 4trowl (if apdicaDlc).
11'ttrgitrtrtrtoffrepoposal isnd dcatyindicAeqtheAdninism nay dctcrmincth*additiml
mauidrdc ncocssry frtts rwicrr ofttc 4pliorio-
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PARTYWALL AGREEMENT AND
DECI,ARATION OF
COVENANTS, CONDITIONS AND RESERVATIONS
FOR
I,oT 5, BI.,OCK 7, VAIL VILI-,AGE,
FILTNG, ACCORDING TO THE RECORDED PI.,AT THEREOF
COUNTY OF EAGLE, STATE OF COI.,,ORADO
RECITALS
BMS VAIL LIMITED PARTNERSHIP, a colorado Linited Partnership,
(herelnafter referred to as rrDeclarantrr) is the Owner of the real
ii"p"rdy situate in the County of_ Eagle., State of Colorado, described as
Lot-5, -Block 7, VaiI Village, First Filing, according to the recorded
ptat thereof County of Ehqle, State of colorado, subject to the
restrictions set forlh in the attached Exhibit rrA'r (rrsubject Property").
Declarant has constructed on the subject Property a building
consisting of two Units, each designed ald intended for use and
occupancy as a residential dwelling Unit, -which are sornetirnes referred
to h-ereiir separately as rrUnitrr or collectively as nunitsrr '
Within the Unit on Lot 5E, is a Type II Employee Housing Unit,
which is subject to the restrictions set forth in paragraph l-L of
Exhibit ilArr.
DECI,ARATION
Declarant does hereby publish and declare that the following terms,
covenants, Conditions, ealenents, restrictiOns, use, reservations,
Iinitations and obligations shall be deemed to run with the land
described herein, stratt be a burden and a benefit to Declarant, his
personal representatives, heirsr. sueeessors and assigns and any person
icquiring or owning an interest in the real property which is described
neiein and inprovements built thereon, his grantees, personal
representatives, heirs' successors and assigns.
L. DEFfNITIONS. Unless the context shalI expressly provide
otherwise, the following terms shatl have the following meanings:
I lililr l]il llllll lllll lllll lll lllllll lll lllll llll llll
61326E Or/3O11997 10r18f, B?17 P314 29E
1 of t4 R 7l.OO O O.OO N 0.00 Eesh, Colondc
A. rrThe Propertiesrr means all of the real estate legally
descrlbed as Lot 5, Stock 7, Vail Village, First Filing, accordj.ng to
the recorded Plat thereof, county of Eagle, State of colorado.
B. trLottr, rrBuilding Siterr, or rrParcelrr means Lot 5E or
Lot 5W as shown on the MaPs.
C. rDuplexrr or ltBuildingrr neans the two contiguous dwelling Units
constructed upon the Parcels or Lots.
D. nunitrr means any one of the two dwellings conprising the
rrDuplexrt.
E. trownerrr means a person, persons, f irm, corporation,
partn-rship or association, or other legal entity, or any combination
thereof, owing an interest in the Lots.
F. rrMaprr or rrMaps|| means the engineering survey of Lot 5E^by Dan
Corcoran, Colbrado p.i.S. L6827, entitled Duplex PIat, Vail Village,
First niiing, Block 7, a Resubdivision of Lot 5, Lot 58, Town of.Vail ,
County of EJgle, State of Colopado, depicting and locat-ing specifically
thereon Lot 5n, recorded on I , L997 in Book 111 at Paqe 712-
and is hereby subnitted to this DecLaration; and
the engineering survey of Lot 5w by Dan corcoran, colorado P.L.s.
L6g27, entitled DupJ-ex Plat, VaiI Vi11a9e, First Filing, Block 7, a
Resubdivision of r-,ot s, Lot 5w, Town of vail, county of Eagle, state of
Color4do, depicting and locating specifically thereon Lot 5W, recorded
on r \ aotqf - , tdSZ in Book fjJ_ at Page z-ta and is hereby subnitted
to En-IfrEIEEtion.
G. rAssessmenttr means any periodic or one time charge to cover
the cost of any expense or charge that becornes due and owing by virtue
of this Declaration.
2. DESCRIPTION AND RESERVATION. Every Contract of sale, Deed,
Lease, Mortgage, Trust Deed, Will or other instrument shall legally
describe a Unit or real property interest as follows:
Lot 58, according to the Duplex Plat, vail village First Filing,
Block 7, a Resubdivision of Lot 5t Lot.5E,'^Town of Vail' County of
Eagle, dtate of colorado recorded on \\3b\q=l in Book f-!-3- at
Page 3\2, County of Eagle, State of Colorado; or
r'{
Lot 5W, according to the DuPIex
Block ?, a Resubdivision of Lot 5,
Eaqle, State of Colorado recorded on
eaQe 'hlb, county of Eagle, state of
PIat, vail village I'irst Filing,
Lot 5W, Tohln of Vail, County of
t\eo\Qr
Colorado; and
I lilill llilt ilillr llllll lllll lll lllllll lll illll llll llll
61326E Otl30ll997 10:tEl B?17 P314 298
2 ot 14 R 71 .00 D O,OO N O.OO Eagla, Colorrdo
in Book -'l\-l at
Every such description shaIl be good and sufficient for aIl
pttpo="" io sell, "o.r.rdy, transfer, encumber or-otherwise affect the
Lot's and a}l appurtenant rights, benefits, and burdens thereto as
created by the pi6visions of this Declaration, and each such description
shalt be lo construed. This provision shall appty to the properties as
said term (the Properties) is defined in this Declaration.
3. PROPERTY DIVISION.
A. Declarant hereby establishes this plan for the subdivision of
the Properties into Two (2) Lots for Ownership in fee sinple by the
Owners of Lot 5E and Lot 5t'1.
B. Lot 5E and Lot 5w shall be subject to the easements noted on
the rnap and those set forth herein-
C. In the event Lot 5E and Lot 5W are owned by the sarne entities,
the doctrine of mer€ter shall not apply.
D. The parties, if more than one, having the ownership of a Lot
shall agree arnong themselves how to share the rights and obligations of
such owiership; provided, however, that if a corporation, partnership,
association or other lega1 entity shall become an Owner or the parties,
if nore than one, have the concurrent Ov/nership of a Lot, then such
entity or concurrent Owners shall frorn tirne to time designate one
indiv-idual who shall represent such entity or concurrent Ovtners in all
natters concerning alI rights and obligations pursuant to this
Declaration.
E. Any such entity or concurrent Owners shatl give wr.itten notice
to the other Owner designating the individual to act on its or their
behalf and such notice Jnatt be effective until revoked in writing by
such entity or Ohtners. Any act or ornission by such designated
individuat stratf be binding on the entity or Oli'/ners having designated
him in favor of the other owner or any other person who nay rely
thereon.
F. Each Lot shall be considered a separate parcel of real
property and shall be separately addressed and taxed.
4. ENCROACHMENTS. If any portion of Lot 5E or Lot svt now
encroaches upon the other Lot as a result of the construction of any
building, or if any such encroachnent shall occur hereafter as a result
of settling or shifting of any building, a valid easement for the
encroachment and for the maintenance of the same so long as the building
stands, shall exist. In the event any building shall be partially or
totalty destroyed as a result of fire or other casualty or as a resqlt
TD
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of condennation or eninent domain proceedings and then rebuilt,
encroachments of parts of the building on the other Lot, due to such
rebuilding, shall be permiLted, so long as such encroachments are of no
greater eiient than those prev.iously existing, and valid easements for
6uch encroachments and the naintenance thereof sha]l exist so long as
the building shall stand.
5. PARTY WALL.
A. The comnon wall placed equally divided on the common boundary
separating the Lot 5E and the Lot 5W' the footings underlying and the
po;tion oi roof over such wall are collectively referred to herein as
the rrParty wallrr.
B. To the extent not inconsistent with this Declaration, the
general rules of lahr regarding party.walls and liability for darnage due
fo negfigence, willful acts or omissions shall apply to the Party Wall-
C. The Owners of either Lot shall have a perpetual easement in and
to that part of the other Lot on which the Party.Wall is located, for
party wail purposes, including mutual support' maintenance, repair and
insplction.- fn ttre event of damage to or the des!.ruction of the Party
Wali fron any cause, then the Owners shall at joint expense in shares
set forth in-paragraph 8 below, repair or rebuild said Party WaIl, and
each Owner, shall have the right to the full use of said Party WalI so
repaired and rebuil-t. Notwithstanding anything contained above to the
coirtrary, if the negligence, willful act or onission of any.Ohtner, his
family,-igent or invitee, shall cause darnage to or destruction off the
party 'Wail , such owner shall bear the entire cost of repair or
reconstruction (to the extent that such damage is not covered by
insurance), and an Ohrner who by his negligent or willful act causes the
Party WalI to be exposed to the elements shall bear the full cost of
furnishing the necessary protection against such elements.
6. LANDSCAPING, SERVICE FACTLITIES. DRIVEWAYS AND WALKWAYS.
A. The Owners from tirne to tine shall undertake such landscaping
and general outdoor inprovernents including but not Iinited to driveway
and parking areas as they may mutually and unaninously deen proper for
the harnonious improvement of both Lots in a comnon theme, and' except
for any expense or liability caused through the negligence or willfu}
act of any owner, his fanily, agent or invitee, which shall be borne
solely by such Oltner, each Owner shall share all expenses, liabilities
and ganeral upkeep responsibilities htith respect to such landscaping and
outdoor improvements according to the ratios set forth in paragraph 8
below. The Owner of one Lot shafl not unreasonably damage the value of
either Lot by withholding consent or paynent for needed maintenance or
repair hereunder, and both Owners shall nake al1 reasonable efforts to
preserve a harmonious common appearance of the Units and Lots.
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87t7
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P314 29E
Eagle, Colcrado
B. Common utility or service connections or lines, common
facilities or other equipnent and property located in or on either of
the Lots but used in cbmrnon with the other Lot, if any, shall be owned
as tenants in common of egual undivided one-half interests by the Olrtners
of each l-,ot and, except for any expense or.liabil.ity caused through,the
neqfigence or willfuf act of iny bwner, his -farnily, agent 9T llY+!ee,
wtrictr-strall be borne solely by such Owner' all expenses and liabilities
concerned with such property shaft be shared in the. proportions set
i"ttn in paragraph e below. fne Owner of the Lot on which such property
is not ldcatea shall have a perpetual easenent in and to that part of
such other Lot containing suCh property as is reasonably necessary for
purposes of naintenance, repair, and inspection'
7. ALTERATION, MAINTENANCE AND REPATRS.
A. In addition , to naintenance provided for in paragraph 6.A.,
the Owners shall pay their proportionate share as aLlocated in paragraph
8 of the total coiC altocated to each Lot, in order to provide exterior
maintenance and exterior repair upon the Units, and of the Lot upon
"ni"ft each Unit is located including, but not linited to, the exterior
walls and the roof housing the Units. Repair, replacenent or cleaning
of the exterior hrindohr gliss shall be considered interior maintenance.
Snow removal of any walkway, sidewalk or patio, which is not heated,
shall be at the soll expense of such Owner using such walkway, sidewalk
or patio. Snoht removal of the driveways, walkways, sidewalks or patios
is not anticipated, however, because of a snov,r melt system. If the need
for repair is caused through the negligence or willful act of any Owner,
nis tairify, agent or invitee, such Ovtner shall bear the entire costs of
such repair o-r reconstruction (to the extent that such damage .is not
covered by insurance). Both Units must be painted at the sane tine and
with the Jane naterials and no exterior nodifications shall be rnade with
the character of the building without unaninous approval of both
parties. The Owner of one Lot shall not unreasonably danage the value-of either Lot by withholding consent or payment for needed maintenance
or repair hereunder, and both Owners shall make all reasonable efforts
to prLserve a harmonious common appearance of the Units and Lots.
B. Each Owner shall be sole1y responsible for maintenance and
repair of the interior of his Unit including fixtures and improvernents
an-d all utility lines and equipment Located therein and serving such
Unit only. In perforning such naintenance and repair, or in inproving or
altering his Unit, no Owner shall do any act or work which inpairs the
structuial- soundness of either Unit or the Party WaIl, or which
interferes with any easenent granted or reserved herein.
c. Utility or service connections or lines, facilities or other
utility equipnent and property located in, on or upon either of the
Lots, wtricn ire used solely to supply a service or utility to one Unit
shall be owned by the Olvner of the Unit using such utility or service
Ill]ilililrilil] ]ilililil il ilffi iltill] ]iltill6132tt 6t/3d/t997 10:184 B?17 P314 29E3 of 14 R 71 .00 D O.OO t{ 0.00 Erslo, Coloredo
I.
and all expenses and liabilities for repair and maintenance or use of
r""n utiri€y shall be borne sotely by the owner-of such unit, who shall
ti.r" . perpitual easement in and Lo tnat part of such other Lot or Unit
containinqi suctr property as is reasonably necessary for purposes of
maj-ntenance, repair and inspection.
D. No Owner shall nake or suffer any structural or design change
lincfudinq a color scherne change), either pernanent or tenporary and of
i"V iyp" 5r nature whatsoever to the exterior of his unit or construct
anit "&ifftional building structure of any_ type or nature whatsoever upon
iiii p"it of his Lot, wlthout first obtaining the prior written consent
tn6rlto from the other ohrner, such consent shall not be unreasonably
withhetd. In case of damage or destruction of any Unit or any part
thereof by any cause whatsoever, the Owner of such Unit shalI cause with
due diliienci the Unit to b; repaired and restored, applying - tlre
lioceeas -of insrrt.tt"", if any, for that purpose. Such Unit shall be
iestored to a condition cornparable to that prior to the darnage and in a
harmonious manner to promote the conmon theme of both Lots.
g. ALIOCATION OF EXPENSES. Costs and expenses of atl activities
whose cost is anticipated to be shared by both Owners, except as caused
by negligence of wittrut act of an owner, shall be allocated in the
following proPortions :
Lot 5E
Lot 5W
50?
504
9. MECHANIC,S LIENS: INDEMNIFICATION:
A. Except for itens incurred as a common expense.as provided for
herein, if any owner shaLl cause any material to be furnished to his Lot
or Unit thereon or any labor to be performed therein or thereon, the
other owner shatl not under any circurnstances be liable for the paynent
of any expense incurred or for the value of the work done or rnaterial
furni3hedj alf such work shall be at the expense of the owner causing it
to be done, and such Owner shall be solely responsible to contractors,
laborers, rnaterialmen and other persons furnishing labor or materials to
his Lot or any inprovernents therein or thereon; nothing herein conlained
shall authorize either Owner or any Person dealing through, with or
under either Owner to charge the Lot of the other Owner with any
mechanicrs lien or other lien or encunbrance whateveri and, on the
contrary (and notice is hereby given) the right and power to charge any
lien or-encumbrance of any kind against one Owner or against one Owner's
Lot for work done or natLrials furnished to the other Owner's Lot is
hereby expressly denied.
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B. Except as provided for below, if, because of any act or
omission ot any Ownef, any mechanic's or other lien or order for the
paynent of money shalt be filed against the other Owner's Lot or any-iriri"""*"nts th6rein or thereon or against _any other Owner (whether or
not, suctr lien or order is valid or enforceable as such) , the ol^tner.lthose
ict or omission forms the basis for such lien or order shall at his own
cost and expense cause the same to be cancelled and discharged of record
or bonded blr a surety company reasonably. acceptable to such other Ovtner,
within 3O -clays after the date of filing thereof, and further shall
inaernnify and-save the other Owner harnless from and against any and all
costs, expenses, claims, losses or darnages, inClUding reasonable
attorney's fees resulting therefrom.
10. TNSURANCE.
A. Each Owner shall keep his Lot and a1I fixtures therein insured
again-t loss or damage by fire.and extended coverage perj-ls (including
vindalisrn and rnalicious-rnischief) for the maximum replacement value
thereof. Any owner nay on 30 days' written notice, but not more
freguently thln once evely three years,_ obtai_n a written estimate of
the -replacenent cost of the Units by a licensed cont::actor, and the cost
of suc-h estinate shall be split between the Owners on a 5O/5O basis'
Such contractor shal-l be a disinterested and independent third party who
is unrelated in any manner to either Owner whether through joint
business ventures or otherwise.
B. Each Owner shall provide and keep in force, for the protection
of himself, general publit Iiability and property darnage insurance
against claimi for nodily injury or death or property damage occurring
i;, on or upon, his Lot owned in fee sinple and the j-rnprovements
thereon, in Jfirnit of not less than $l-,000'O0O.OO in respect of bodily
injury 6r death to any nurnber of persons arising out of one accident or
di3asler, or for damage to property, and if higher limits shall at any
tine be custornary to- protect against possible tort Iiabj-lity, such
higher lirnits shall be carried.
C. Each Owner shalI deliver to the other O$tner certificates
evidencing all insurance required to be carried under this paragraph,
each contiininq agreements by the insurers not to cancel or nodify the
policies without giving the other Owner written notice of at least 30
days. Each Owner shall have the right to inspect and copy all such
insurance policies of the other Owner and require evidence of the
payment of premiums thereon.
D. Nothing provided in this paragraph shall prevent the owners
fron jointly acguiring a singte policy to cover any one or more.of the
hazards required in this paragraph to be separately insured against by
each owner.
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61328t dllSLltg9? 10:1Ee 8717 P314 296
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1"1. DESTRUCTION OF IMPROVEI'{ENTS ON LOT.
A. In the event of damage or destruction to a Unit by fire or
other disaster, the insurance proceeds if sufficient to reconstruct the
unit shall be deposited intb a bank account which requires,_ for
withdrawals, the signatures of both the Owners, or disbursed direct}y by
the insurance carrier. The Owners shall then promptly authorize the
necessary repair and reconstruction work and the insur:ance proceeds will
f" appfiLO Ly the owners to defray the cost thereof. rrRepair and
neconJtructio-n" of Units, as used in paragraph L1.A and 1-L.8 herein,
r.rt r restoring the inprovernents to subltantially the same condition in
which they exilted prior to the danage with each Unit having the same
boundaries as before.
B. If the insurance proceeds are insufficient to repair or
reconstruct any darnage to a Lot or the improvements constructed thereon,
such damage or destruction shatl be prornptly repaired and reconstructed
by the Owner using the insurance proceeds and .the proceeds of an
assessment against the Owner(s) of the darnaged Lot(s). Such assessment
shall be equial to the amount by which the cost of reconstruction or
repair exceLds the sum of the insurance proceeds allocable to such Lot.
SuLh Assessnent shall be due and payable thirty (30) days after the
determination of the difference between the cost of reconstruction and
repair and insurance proceeds and aII such funds shall be deposited and
disbursed pursuant to paragraph l-l-.A.
c. If the owners of Lot 5E and Lot 5w and the holders of first
nortgages or beneficiaries of first deeds of trust on Lot 5E and Lot 5W
unanirnously agree not to repair or reconstruct damage or destruction to
Lot 5E or L,,ot- 5W the Property shall be sold and the proceeds shall be
divided as agreed to at the tine of the agreenent not to rebuild by the
Owners of the Lot 5E and Lot 5W and the holders of first mortgages and
beneficiaries of first deeds of trust on the Lot 5E and Lot 5W (the
ItEach Owner,s Share of Proceedstt). Each Owner's Share of Proceeds shall
be disbursed as follows:
l-. for payment of taxes and special assessment liens in
favor of any assessing entity and customary expenses of salei
2. for payrnent of the balance of the lien of any first
nortgage or deed of trusti
3. for payment of any sums due under this Declaration;
E. All insurance policies obtained by . either olvner shall
expressly waive all rights. of subrogation as against all other Oltners
anh ttreir respective farnilies and invitees'
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4. for paynent of junior liens and encurnbrances in the order
of and to the extent of their priority; and
5. the balance remaining, if aDY, shall be paid to the
respective owners.
L2. RTGHT TO LIEN.
A. If an owner, at any time, shalt neglect or refuse to perform
or pay his share of any obligation reguired hereunder, the other Owner
riy, ir"t shall not be oUtigatea to, after. 30 days written notice unless
thi-circunstances require innediate action, nake such payrnent or, on
behalf of such other Owner, expend such sun as nay be necessary to
f"ii"6 such obligation includinq, but not lirnited to, the payment of
'any insurance premlums required hereunder or the undertaking of any work
ieiuirea hererinder for rLpair, restoration or naintenance, and such
ottier Ovtner shall have an easement in and to that part of such
aeiaufting Owner's Lot as is reasonably necessary for such repair,
restoration or maintenance.
B. A11 sums so paid or expended by an owner, with interest
thereon at the rate of 18 percent per year frorn the date of such payrnent
or expenditure, shall be payabte by the Ostner so failing to perfonn (the
xDefautting ownerrr) upon demand of the other Owner'
C. AII surns so demanded but unpaid by the defaulting Owner shall
constitute a lien on the Lot of the Defaulting Owner in favor of the
other Owner prior to all other liens and encunbrances, except: (i)
liens for taxes and special assessrnentsi and, (ii) the lien of any first
mortgage or first deed of trust of record encumbering such IJot. The
lien-stia1l attach frorn the date when the unpaid sum shall become due and
may be foreclosed in like nanner as a mortgage on real property upon the
relording of a notice or clain thereof executed by the Nondefaulting
O\,rner sefting forth the amount of the unpaid indebtedness, the nane of
the Defaulting owner, and a description of the Lot. In any such
foreclosure th-e Defaul-ting Owner shall be reguired to pay the costs and
expenses of such proceedings, including reasonable attorney's fees.
D. The lien provided for herein shall be subordinate to the lien
of any first rnortgage or deed of trust, including all additiona]
advancLs thereon. Sale or transfer of either Lot as the result of court
foreclosure of a nortgage, foreclosure through the public trustee, or
any proceeding in lieu of foreclosure,.shall extinguish the Iien of such
asselsrnents as to paynents thereof which becorne due prior to such sale
or transfer, but shall not relieve any former Ohtner of personal
Iiabifity therefor. The rnortgagee of such IJot who acguires title by way
of foreclosure or the taking of a deed in lieu thereof, shall not
however, be liable for any past due assessnent and shall only become
Iiable ior future assessments on the date it becornes the Owner or is
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9 of 14 R 71 .00 D O.OO t{ 0.00 Eegle , Coloredo
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entitled to become the owner of such Lot. No sale or transfer shall
relieve such Lot from liability for any assessnents thereafter beconing
au" o. fron the lien thereof. In the event of the sale or transfer of
i f.'rot with respect to which sums shall be unpaid by a Defaulting Owner,
ex-ept transfe-rs to a first mortgagee in connection with a foreclosure
of iis lien or a deed in }ieu thereof, the purchaser or other transferee
"i "" interest in such Lot shall be jointly and severally liable with
the seller or transferor thereof for any such unpaid surns.
E. upon written request of any owner, mortgagee, prospective
rnortgagee, iurchaser or other prospective transferee of a Lot, the Owner
of t-frd otn6r Lot shall issue a written staternent setting forth the
amount he is owed under this paragraph, if any, with respect to such
Unit. Such statement is binding upon the executing Owner in favor of
any person who rnay rely thereon in good {ui!}.^. unless a reguest for
rulh-=t.tement sniff be cornplied wittr- within fifteen days after receipt
thereof, all unpaid sums wtiicfr became due prior to the date of rnaking
such reguest shil1 be subordinated to the lien or other interest of the
person requesting such staternent.
13. USE RESTRICTIONS.
A. Each Lot shall be restricted to a residential dwelling as a
permitted use, and conditional and accessory uses as defined by the
Town of Vail zoning ordinances.
B. No exterior rnounted radio, shortwave, television or other type
of antenna whatsoever or tank of any kind, either elevated or buried, or
clothesline or incinerator of any kind whatsoever or outside storage of
any personal property shall be pernitted or maintained on either Lot
without the prior written approval of both oltners.
C. No aninals shall be kept or naintained in, on or upon either
Lot, except that each Ol^rner may keep and rnaintain within his Unit
domestica€ed aninals; provided, however, that such domesticated animals
are kept under control at all tines, do nol present a nuisance to the
other Owner, and are kept controlled in strict compliance with all Town
of Vail ordinances that nay apply to such animals.
D. Parking on either Lot of boats, trailers, canpers, notor
homes, ATV5 or recreational vehicles is expressly prohibited, unless
located within an Owner's garage.
E. No lttirne sharingrt, rrinterval Ownershiptt or sirnilar interest,
whereby Ownership of a Lot is shared by Owners on a tirne basis, shall be
established on either Lot without the prior written approval of both
Owners and all lienors holding a first mortgage or first deed of trust
of record on any portion of the Lot 5E or Lot 5W, which approval shalL
be reflected in a document of record.
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F. The Owners understand and agree that potential developrnent
rights-rnay exist under present or future Town of Vail regulations that
lnaf p"rni€ expansion of the Lots, which developrnent rights have not been
ui'iflzea to date. The Owners of Lot 5E and Lot 5W shall be deemed to
trave exctusive ownership of any rights as currently are being. utll-ized
Uy tft"i" respective tots. No exercise of any developrnent rights not
utitizea to date shall be rnade by one Owner without first obtaining the
written consent of the other Owner, which consent shalI not be
,rttr"""on.b1y withheld. The other owner, before giving written consent,
snaff be en€itled to revieltr the developrnent plans and any blueprints or
;"-;y; prepared in connection with the developnent ptans. Thg o\.irner of
Lot sn snarr have the exclusive right to the use of 60? of the
Developnent Righti which have not been utilized to date and 60* of all
future Developlnent Rights allowed by the Town of Vail except as set
iorth below. hhe owner of Lot 5w shall have the exclusive rigt-It. to the
use of 4oZ of the Developrnent Rights which have not been utilized to
date and 40& of all futuie Developrnent Rights allowed by the Town of
Vail except as set forth below. Under current Town of Vail regulations
tnere rnay exist certain development rights because a structure is more
than fiv-e (5) years old. eny iignts obtained under such regulation or
any future'rtiilie-typerr of regulation shall belong solely to the Ohlner of
ittit f,,"t. If eith-& Owner exceeds his development rights, without the
consent of the other Owner, and because of this the other Oldner is not
allowed to utilize his full development rights, the excess development
shall be renoved by the Or,vner thereof iurnediately upon the demand of the
other owner.
14. NOTICE. Each Owner shall register its nailing address with
the other Owner and all notices or demands intended to be served upon
Owners shall be sent by certified rnail, postage prepaid, addressed in
the name of the o\trner at such registered rnailing address. In the
alternative, notices may be delivered if in writing, personally to
Owners.
l-5. DURATION OF DECL,,ARATION. Each provision contained in this
Declaration wtricn is subject to the laws or rules sometimes referred to
as the rule against perpetuities or the rule prohibiting unreasonable
restraints on alienalion shall continue and remain in full force and
effect for the period of 2). years following the death of Ronald J. Byrne
and his living issue, or -until this Declaration is terminated as
hereinafter provided, whichever first occurs. AII other provisions
contained in-this Decl-aration shall continue and remain in fuII force
and effect until January 1, 2027 A.D., and thereafter for successive
periods of LO years eachi unless at least l year prior to January 1,
zoz6 A.D., or at least 1 year prior to the expiration of any such 10
year period of extended duration, this Declaration is terminated by
recorded instrument, directing termination, signed by all Owners and all
lienors holding a first mortgage or first deed of trust of record on any
portion of Lot 5E or Lot 5W.
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16. AMENDMENT OR REVOCATION. This Declaration may be anended or
revoked onfy upon unanirnous written approval in recordable fonn of aII
O"tt"i" ana itl- lienors holding a first nortgage or first deed of trust
of record on any portion of Lot 5E or Lot 5W.
L7. EFFECT OF PROVISTONS OF DECL,ARATION. Each provision of this
Declaration ana Agreement, promise, covenant and unrlertakinq to comply
with each provision of this Declaration, and any necessary exception or
reservation or grant of title, estate, right or interest to effectuate
iny provision of this Declaration: (i) shalI. b-e. deerred incorporated in
ealn-aeea or other instrument by which any right, title or interest in
any portion of Lot 5E or Lot 5W is granted, devised or conveyed, whether
or-nbt set forth or referred to insuch deed or other instrunent; (ii)
shall, by virtue of acceptance of any right, titte or interest in any
l-rti6n 6r r-,ot 5E or Lot 5w by an owner, be deerned accepted, ratified,
idopted and declared as a personal covenant of such Owner and, as a
per;onal covenant, shall Ue binding on such Owner and his heirs,
lersonal representatives, successors and assigns; and shall be deemed a-personal covenant to, with and for the benefit of each Owner of any
iortion of Lot 5E or Lot 5W; and (iii) sha11 be deemed a real covenant
lry Declarant, for itself, itq successors and assigns, ?nd also an
eiuitaUt" servitude, running, in. each case, as a burden with and upon
the title to each and every portion of Lot 5E and Lot 5w.
18. ENFORCEMENT AND REI,TEDIES.
A. Court proceedinqs. Each provision of this Declaration shall
be enforceable by any O!'/ner by a proceeding for a prohibitive or
nandatory injunction or by a suit or action to recover damages. If
court pioceedings are instituted in connection with the rights of
enforcement and renedies provided in this Declaration, the prevailing
party shall be entitled to recover its costs and expenses in connection
therewith, includingt reasonable attorney fees.
B. Venue of Court Actions. Each Owner hereby agrees that any and
all actions in equity or at 1aw which are instituted to enforce any
provision hereunder shall be brought in and only in the District Court
of Eagle County, State of Colorado.
C. Waiver. Failure to enforce any provision of this Declaration
shall not operate as a waiver of any such provision,.th.e right to
enforce such provision thereafter, or of any other provision of this
Declaration.
l-9. EXERCISE OF RIGHTS. Any exercise of any right granted
hereunder by one Ovrner with respect to the other Ohrner's Lot including
but not limited to the use of any easernent granted herein shall be
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exercised in a manner which shal1 not unreasonably hinder, irnpede or
impose upon such other owner's use of his Lot'
20. SUCCESSORS AND ASSIGNS. Except as otherwise provided he_rein,
thisDec1affiguponandsha11inuretothebenefitof
each Osrner and the heirs' personal representatives, successors and
assigns of each.
2L. SEVERABTLITY. Invalidity or unenforceability of
provisions of tnis beclaration in whole or in part shall not effect
vafidity or enforceable part of a provision of this Declaration.
22. CAPTIONS. The captions and headings in this instrunent are
for convenience 6n1y and shall not be considered in construing any
provisions of this Declaration.
23. CONSTRUCTION. When necessary for proper construction, the
masculine
-of
any word used in this Declaration shall include the
feminine or neuter gender, and the sinqular the plural and vice versa.
any
the
IN WITNEa$. day of
STATE OF COLORADO
COUNTY OF EAGLE
Subscribed and
by Ronald J. Byrne
Witness
Declarant has executed this Declaration this
, L997.
)) ss.
)
snorn to before me
as General Partner
d and official
res on:5
thisd{Sn day of \rru.at*l , LssTof sl'{maif -lirniEea PaTffirshiP.
Fl
seal
-\\q8
Notary
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WHEREOF
ARTNERSHIP,rtnership
, as Generalvail Linited
-i NANCYL. ii ESTES J*o:.. .,t-€ius;:;iC
lty
EXHIBIT IIAII
TO PARTYWALL AGREEMENT AND DECI,ARATION OF COVENANTS'
CONDITIONS AND RESERVATIONS FOR
I.oT 5, BI,oCK 5, VAIL VILI,AGE,
FIRST FILING, ACCORDING TO THE RECORDED PI"AT THEREOF
COUNTY OF EAGLE, STATE OF COLORADO
1. Taxes or assessments not yet due and payable and special
assessments not yet certified to the Treasurer's office.
Z. Right of proprietor of a vein or lode to extract and remove his ore
th6refrorn shtuld the sane be found to penetrate or intersect the
prenises as reserved in United States patent recorded Septernber 14,
1-923, in Book 93 at Page 98.
3. Right of way for Ditches or Canals constructed by the authority of
tn6 united states as reserved in united states Patent recorded
September 1"4' L923' in Book 93 at Page 98.
4. Restrictive covenants which do not contain a forfeiture or reverter
clause, but onitting restrictions, if any, based on race, color,
religion, or national origin, as contained in fnstrument recorded
August 10, L962, in Book L74 at Page l-79.
5. Easernents, Reservations and Restrictions as shown or reserved on
the recorded Plat of Vail Village First Filing.
6. Utility Easement ten feet in width along the Southerly Lot Line,
twenty feet in width along the Eastern Lot Line, both as shown ont
he recorded Plat of Vail Village, First Filing.
7. Terms, conditions and provisions of conveyance of easement recorded
January 07, L992 in Book 570 at Page 2o2-
8. Easements, Reservations and Restrictions as shown or reserved on
the Duplex Plats recorded t\rn\qr in Book -l)J at PageilV ,
and in Book l\l_ at Page &.
9. Reservations as shown on Warranty Deed recorded August 24, L989 in
Book 512 at page 277 and Agreenent in connection therewith recorded
October L7, L995 in Book 678 at Page 429.
10. Terms, conditions and provisions of Type II Ernployee Housing Unit
Restrictive Covenant recorded Decenber 11, L995 in Book 683 at Page
269.
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TOWN OFVAIL
OFFICE OF TIG TOU/N CIERK
75 S. FROT{TAGE ROID
vArL,c0L0RtD0 81557
PARTYWALL AGREEMENT AND
DECI,ARATION OF
covENANTS, CONDTTTONS AND RESERVATIONS
FOR
I,oT 5, BT.OCK 7, VAIL VTLLAGE,
FrRST FrLrNG, ACCORDTNG TO THE RECORDED Pr,AT THEREOF
COUNTY OF EAGLE, STATE OF COLORADO
RECITALS
BMS VAIL LIMITED PARTNERSHIP, a colorado Limited Partnership,
(hereinafter referred to as trDeclarantrr) is the Owner of the real
f]roperty situate in the County of. Eagle-, State of Colorado, described as
Lot- S, -Block 7, Vail Village, First Filing, according to lhe recorded
plat thereof county of Eagle, state of colorado, subject to the
restrictions set forth in the attached Exhibit rrAtr ('rsubject Property").
Declarant has constructed on the subject Property a building
consisting of two Units, each designed ald intended for use and
occupancy as a residential dwelling Unit,.which are sornetirnes referred
to hlreiir separately as 'rUnitrr or collectively as |tUnitsl '
within the unit on Lot 5E, is a Type Ir Employee Housing unit,
which is subject to the restrictions set forth in paragraph Ll of
Exhibit rrArt.
DECI,ARAT]ON
Declarant does hereby publish and declare that the following terms,
coVenants, conditions, easenents, restrictionsr use, reservations,
limitations and obligations shall be deerned to run with the land
described herein, sha1l be a burden and a benefit to Declarant, his
personal representatives, heirS, successors and assigns and any person^acquiring oi owning an interest in the reat property which is described
heiein lna irnprovements built thereon, his grantees, personal
representatives, heirs' successors and assigns.
1. DEFfNITIONS. Un1ess the context shall expressly provide
otherwise, the following terms shafl have the following meanings:
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A. rrThe Properties" neans aII of the real estate legally
described as Lot 5, Stock 7, Vail village, First Filing, according to
the recorded Plat thereof, county of Ea91e, State of colorado.
B. rrl-,otrr, rrBuilding Sitett, or rrParcelrr neans Lot 5E or
Lot 5W as shown on the MaPs.
c. rrDuplexil or ttBuildingrt means the two contiguous dwelling Units
constructed upon the Parcels or Lots.
trunitrr means any one of the two dwellings conprising theD.rrDuplexrl
E. ri6uvnssrr means a person, persons, f irn, corporation,
partn-rship or association, or other legal entity, or any cornbination
Lhereof, owing an interest in the Lots.
F. 'lMaprr or rrMapsrr neans the engineering survey of Lot 5E-by Dan
corcoran, col-orado p.i.s. L6827, entitled Duplex Plat, vaiL vilLage,
nirst fiiing, Block 7, a Resubdivision of Lot 5, Lot 58, Town of.Vail,
County of nigfe, State of Colopadg, depicting and locating specifically
therean Lot 5E, recorded on tlaOlg? t 1,997 in Book 117 at Page ?f2-
and is hereby subnitted to this Declaration,' and
the engineering survey of Lot 5I^r by Dan corcoran, colorado P.L.S.
L6BZ7, entiited Ouplex plat, VaiI Village, Pirst Filing, Block 7' a
Resubdivision of Lot 5, Lot 5W, Town of Vail, County of Eagle, State of
ColorAdo, depicting and locating specifically thereon Lot 5W, recorded
on t\3o[q]- , tsol in Book:Il- at Page 3!5 and is hereby subnitted
to this Declaration.
G. rrAssessmentrr means any periodic or one tirne charge to cover
the cost of any expense or charge that becomes due and owing by virtue
of this Declaration.
2. DESCRIPTION AND RESERVATION. Every Contract of sale, Deed,
Lease, Mortgage, Trust Deed, WilI or other instrument shall legalIy
describe a Unit or real property interest as follows:
Lot 5E, according to the Duplex Plat, vail village First Filing,
Block 7, a Resubdivision of Lot 5, Lot,5E,,^Town of vail, county of
Eagle, dtate of Colorado recorded on t\as\c{1 in Book fl:- at
Page alZ-, county of Eagle, State of colorado; or
Lot 5w, according to the DuPlex
Block 7, a Resubdivision of Lot 5l
Eaqle, State of Colorado recorded on
eaie 'h13, county of Eagle, state of
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61328E Ol/3O/1997 10r18f, B?17
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PIat, Vail ViIlage First Filing,
Lot 5W, Town of VaiI, County of
t\ zo\QrColorado; and
P314 29E
Eagle, Colorado
in Book -t\-l at
Every such description shaIl be good and sufficient for all
prrpo-"r to selI, convey, transfer, encumber or-otherwise affect the
iot-s and all appurtenant rights, benefits, and burdens thereto as
created by the provisions of this Declaration, and each such description
sha]I be -so coristrued. This provision shall apply to the properties as
said tern (the Properties) is defined in this Declaration.
3. PROPERTV DIVISTON.
A. Declarant hereby establishes this plan for the subdivision of
the Properties into Two (2) Lots for Ownership in fee sinpJ-e by the
ohrners of Lot 5E and Lot 5W.
B. Lot 5E and Lot 5W shatl be subject to the easenents noted on
the nap and those set forth herein.
C. fn the event Lot 5E and Lot 5W are ovtned by the same entities,
the doctrine of merger shall not appl-y.
D. The parties, if rnore than one, having the ownership of a Lot
shall agree anong thernselves how to share the rights and obligations of
such owiership; proviaea, however, that if a corporation, partnershil-l ,
association ot olher legal entity shall become an Owner or the parties,
if more than one, have the concurrent Ownership of a Lot, then such
entity or concurrent Owners shall frorn tirne to time designate one
individual who shatt represent such entity or concurrent owners in all
rnatters concerning aII rights and' obligations pursuant to this
Declaration.
E. Any such entity or concurrent Owners shall give wr.itten notice
to the othei Ovtner designating the individual to act on its or their
behalf and such notice shall be effective until revoked in writing by
such entity or Ovrners. Any act or omission by such designated
individual lhall be binding on the entity or Owners having designated
hin in favor of the other Owner or any other person who may rely
thereon.
F. Each Lot shall be considered a separate parcel of real
property and shall be separately addressed and taxed.
4. ENCRoACHMENTS. If any portion of Lot 5E or Lot 5W now
encroaches upon the other Lot as a result of the construction of any
building, or if any such encroachment shall occur hereafter as a result
of settling or shifting of any building, a valid easement for the
encroachnent and for the maintenance of the same so l-ong as the building
stands, shal-l exist. In the event any building shall be partially or
totally destroyed as a result of fire or other casttalty or as a result
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of condemnation or eninent domain proceedings and then rebuilt,
encroachnents of parts of the buitding on the other Lot, due to such
rebuilding, shal-I be pernitted, so long as such encroachments are of no
greater eitent than those prev.iously existing,- and valid easements for
Such encroachnents and the naintenance thereof shall- exist so long as
the building sha1l stand.
5. PARTY WALL.
A. The common wall placed equally divided on the common boundary
separating the Lot 5E and the Lot 5w, the footings underlying and the
poition oi roof over such waII are collectively referred to herein as
the rlParty. WalIrr.
B. To the extent not inconsistent with this Declaration, the
general rules of law regarding party tralLs and liability for danage due
[o negligence, willful acts or omissions shatl apply to the Party wal1.
C. The Owners of either Lot shall have a perpetual easernent in and
to that part of the other Lot on which the Party Wa}l is located, for
party wail purposes, including mutual support, -maintenance, repair and
inspection. In the event of damage to or the destruction of the Party
WaIi frorn any cause, then the Owners shal1 at joint expense in shares
set forth in-paragraph B below, repair or rebuild said Party WalI, and
each Owner, shall have the right to the ful] use of said Party WaIl so
repaired and rebuilt. Notvrithstanding anything contained above to the
"oirtrary, if the negligence, willful act or onission of any.Owner, his
fanily,-agent or invitee, shall cause damage to or destruction of, the
Party WaIl, such Owner sha]l bear the entire cost of repair or
reconstruction (to the extent that such darnage is not covered by
insurance), and an Owner who by his negligent or willful act causes the
Party WaI] to be exposed to the elenents shall bear the ful1 cost of
furnishing the necessary protection against such elements.
6. LANDSCAPING, SERVICE FACILITIES, DRIVEWAYS AND WALKWAYS.
A. The Owners from tirne to tirne shall undertake such landscaping
and general outdoor improvements including but not limited to driveway
and parking areas as they may mutually and unanirnously deem proper for
the harrnonious improvernent of both Lots in a cornrnon theme, and, except
for any expense or tiability caused through the .negligence or willful
act of any owner, his fanily, agent or invitee, which shall be borne
solely by such Owner, each Owner shall share all expenses, liabilities
ana geneial upkeep responsibil-ities with respect to such Jandscaping and
outdoor improvernents according to the ratios set forth in paragraph B
below. The Owner of one Lot shal] not unreasonably damage the value of
either Lot by withholding consent or payment for needed naintenance or
repair hereunder, and both Owners shall nake all reasonable efforts to
preserve a harrnonious connon appearance of the Units and Lots.
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B. Common Utility or service connections or lines, common
facilities or other equipment and property located in or on either of
the Lots but used in cornmon with the other Lot, if any, shall be owned
as tenants in common of equal undivided one-half interests by the Owners
of each Lot and, except for any expense or Iiability caused through the
n-gligence or willful act of any owner, his famiJ-y, agent o5 11y1teer
which-sha]1 be borne solely by such owner, aIl expenses and Iiabilities
concerned with such property shall be shared in the proportions set
forth in paragraph B fetow. The Owner of the Lot on which such property
is not ldcate-d itratf have a perpetual easernent in and to that part of
such other Lot containing such property as is reasonably necessary for
purposes of rnaintenance, repair, and inspection'
ALTERATION, MAINTENANCE AND REPAIRS.
A. In addition , to maintenance provided for in paragraph 6.A.,
the Owners shal1 pay their proportionate share as allocated in paragraph
8 of the total coLC alloca€ed to each Lot, in order to provide exterior
rnaintenance and exterior repair upon the Units, and of the Lot upon
"ti"t each Uni.t is located including, but not tinited to, the exterior
walls and the roof housing the Units. Repair, replacement or cleaning
of the exterior window gtiss shall be considered interior rnaintenance.
Snow removal of any walkway, sidewal,k or patio, which is not heated,
shall be at the solL expense of such Owner using such walkway, sidewalk
or patio. Snow removal of the driveways, walkways, sidewalks or patios
is not anticipated, however, because of a snow melt system. If the need
for repair is caused through the negligence or willful act of any Owner,
nis fainity, agent or invitee, such Ov/ner shall bear the entire costs of
such repair or reconstruction (to the extent that such danage .is not
covered by insurance) . Both Units nust be painted at the same t,irne and
with the lame material-s and no exterior rnodifications shall be nade with
the character of the building without unaninous approval of both
parties. The Owner of one Lot shall not unreasonably darnage the value-of .ith"r Lot by withholding consent or paynent for needed naintenance
or repair hereunder, and both Owners shalL make all reasonable efforts
to preserve a harmonious conmon appearance of the units and Lots.
B. Each Owner shall be solely responsible for maintenance and
repair of the interior of his Unit including fixtures and inprovenents
and all utility lines and equipnent located therein and serving such
Unit only. In perforrning such rnaintenance and repair, or in improving or
altering his Unit, no OvJner shall do any act or work which impairs the
structuial soundness of either Unit or the Party WaI1, or which
interferes with any easenent granted or reserved herein.
c. Utility or service connections or lines, facilities or other
utility equipment and property located in, on or upon either of the
Lots, which are used solely to supply a service or utility to one Unit
shall be owned by the Owner of the Unit using such utility or service
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6132E6 Ol/3O/t997 10:184 B?17 P314 29E5 of 14 R 7t.OO D O.OO N O.OO Eaglc, Colorado
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and all expenses and liabilities for repair and maintenance or use of
"""n "tifi€y shal} be borne solely by the Ovrner-of such Unit, who shall
hu.r" . perpitual easement in and to Lnat part of such other Lot or Unit
containing sucrr property as is. reasonably necessary for purposes of
maintenance, repair and inspection.
D. No Owner shall make or suffer any structural or design change
lincfuiing a color schene change), either pernanent or tenporary and of
any type or nature whatsoever to the exterior of his Unit or construct
"nir "&ifitional building structure of any. type or nature whatsoever upon
"iiy piit of his tot, without first obtaining the prior v/ritten consent
tnlrlto frorn the other owner, such consent shall not be unreasonably
withheld. In case of danage or destruction of any Unit or any part
thereof by any cause whatsoeier, the Oi^rner of such Unit shall cause with
6;; ditigencl the Unit to be repaired and restored, applying t5e
pr""""a" tf ittrrrr.rr"", if any, for that purpose. such Unit shall be
restored to a condition conparable to that prior to the damage and in a
harmonious nanner to prornote t,he connon thene of both Lots.
B. ALLOCATION OF EXPENSES. Costs and expenses of all activities
whose cost iJanticipatea to be shared by both Owners, except as caused
fy negfigence of wiitfut act of an owner, shall be allocated in Lhe
following ProPortions :
Lot 5E
Lot 5W
503
502
g. MECHANIC'S LIENS: INDEMNIFICATION:
A. Except for items incurred as a common expense as provided for
herein, if any Owner shall cause any rnaterial to be furnished to his Lot
or Unit thereon or any labor to be performed therein or thereon, the
other Owner sha]l not under any circunstances be liable for the paynent
of any expense incurred or foi the value of the work done or material
furni3hedJ alf such work shall be at the expense of the owner causing it
to be done, and such Owner shall be solely responsible to contractors,
laborers, naterialnen and other persons furnishing labor or naterials to
his Lot or any improvernents therein or thereon; nothing herein conta_ined
shall authorize -eittrer Owner or any person dealing through, with or
under either Owner to charge the Lot of the other Or^/ner wi.th any
mechanicrs lien or other tien or encumbrance whateveri and, on the
contrary (and notice is hereby given) the right and power to charge any
lien or-encumbrance of any kind against one Owner or against one Owner's
Lot for work done or naterials furnished to the other Owner's Lot is
hereby expressly denied.
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B. Except as provided for below, if, because of any act or
omission of any Ownef, any mechanic's or other lien or order for the
piyrnent of nonLy sha1l be filed against the other Owner's Lot or any
'i^'p.".r"^"nts th6rein or thereon or against any other Owner (whether or
no't su"n lien or order is valid or enforceable as such), the Owner-whose
ict or omission forms t.he basis for such lien or order shall at his own
cost and expense cause the sarne to be cancelled and discharged of record
or bonded by a surety company reasonably. acceptable- to such other owner'
witnin :O -days aft6r tne date of filing thereof, and further shall
indemnify and save the other Owner harmless from and against any and all
costs, expenses, clairns, losses or danages, inClUding reasonable
attorney's. fees resulting therefrom.
10. INSURANCE.
A. Each O!,/ner shal1 keep his Lot and aI1 fixtures therein insured
against loss or darnage by fire.and extended coverage perils (including
vindalism and rnaticious-rnischief) for the maximun replacenent value
thereof. Any owner nay on 30 days' written notice, but noL more
freguently thin once every three years,. obtain a written estirnate of
the replaiement cost of the Units by a licensed contractor, and the cost
of suc-h estimate shatl be split between the Ov/ners on a 50/50 basis.
Such contractor shall be a disinterested and independent third party who
is unrelated in any manner to either Owner whether through joint
business ventures or otherwise.
B. Each owner shalI provide and keep in force, for the pr:otection
of himself, general public liability and property damage insurance
against claimi for bod-ily injury or death or property darnage occurring
ii, on or uponf his Lot owned in fee simple and the improvernents
thereon, in itimit of not Less than $1,O00,000.00 j.n respect of bodily
injury or death to any number of persons arising out of one accident or
di3aster, or for darnage to property, and if higher limits shall at any
tirne be customary to proLect against possible tort liability, such
higher lirnits shall be carried.
C. Each Owner shalI deliver to the other Owner certificates
evidencing all insurance required to be carried under this paragraph,
each containing agreenents by the insurers not to cancel or rnodify the
policies without giving the other Owner written notice of at least 30
days. Each owner shall have the right to inspect and .copy all such
insurance policies of the other Owner and require evidence of the
payment of premiums thereon.
D. Nothing provided in this paragraph shall prevent the owners
frorn joinLly acquiring a single policy to cover any one or more.of the
hazards required in this paragraph to be separately insured against by
each Owner.
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11. DESTRUCTTON OF IMPROVEMENTS ON LOT.
A. In the event of darnage or destruction to a unit by fire or
other disaster, the insurance proceeds if sufficient to reconstruct the
Unit shal1 be deposited into a bank account which requires, for
withdrawals, the signatures of both the Owners, or disbursed directly by
the insurance carrier. The Owners shall then prornptly authorize the
necessary repair and reconstruction work and the insur:ance proceeds will
be appfiLa Ly the owners to defray the cost thereof. lrRepair and
neconJtructio;ttof Units, as used in paragraph 1L.A and 11.8 herein,
means restoring the inprovements to substantially the sane condition in
which they exilted prior to the darnage with each Unit having the same
boundaries as before.
B. If the insurance proceeds are insufficient to repair or
reconstruct any damage to a Lot or the irnprovenents constructed thereon,
such damage or destruction shalL be pronptly repaired and reconstructed
by the Owner using the insurance proceeds and the proceeds of an
assessment against the Owner(s) of the darnaged Lot(s). Such assessment
shall be eqfal to the amount by which the cost of reconstruction or
repair exceeds the sum of the insurance proceeds allocable to such Lot.
Such Assessment shall be due and payable thirty (30) days after the
determination of the difference between the cost of reconstruction and
repair and insurance proceeds and all such funds shall be deposited and
disbursed pursuant to paragraph 11.A.
c. If the owners of Lot 5E and Lot 5w and the holders of first
mortgages or beneficiaries of first deeds of trust on Lot 5E and Lot 5W
unanimously agree not to repair or reconstruct danage or destruction to
Lot 5E or Lot 5W the Property sha1l be sold and the proceeds shall be
divided as agreed to at the tirne of the agreenent, not to rebuild by the
Owners of the Lot 5E and Lot 5W and the holders of first mortgages and
beneficiaries of first deeds of trust on the Lot 5E and Lot 5W (the
rrEach Ownerrs Share of Proceedst'). Each Owner's Shar:e of Proceeds shall
be disbursed as fol"lows:
1. for payrnent of taxes and special assessnent liens in
favor of any assessing entity and customary expenses of sale;
2. for payrnent of the balance of the lien of any first
nortgage or deed of trust;
3. for payrnent of any suns due under this Declaration;
E. AIl insurance policies obtained by either owner shall
expressly rdaive alL rights. of subrogation as against all other Owners
ana tneir respective farnilies and invitees.
L Uulr.{|,!f luf il l[!l |!l llrllllu,{rl ill | il I
8 of t4 R 7l.OO D o.oo N O.OO Ligi.l-ioto..ao
d
for payment of junior liens and
extent of their PrioritY; and
5. the balance remaining,if dDy, shall be Paid to the
respective O!'/ners.
L2. RIGHT TO LIEN.
A. If an owner, at any time, shall neglect or refuse to perform
or pay his share of any obligation reguired hereunder, the other Ov'ner
nayl nut shall not be obtigatea to, after 30 days written notice unless
thl'circumstances require inrnediate action, nake such payment or, on
behalf of such othef O!,tner, expend Such surn as may be necessary to
f"ii-6 such obligation including, but not limited to, the paynent of
lny insurance pr"*iums reguired hereunder or the undertaking of any work
ieiuirea herer]nder for rLpair, restoration or maintenance, and such
otlier Owner shall- have an easenent in and to that part of such
Oeiaufting Owner'S Lot as is reasonably necessary for such repair,
restoration or maintenance.
B. AI1 suns so paid or expended by an Owner, with interest
thereon at the rate of 1-B percent per year fron the date of such paynent
or expenditure, shatl be plyable by the Owner so failing to perforn (the
lrDefaulting ownerrr) upon denand of the other owner'
C. AII surns so demanded but unpaid by the defaulting Owner shall
constitute a lien on the Lot of the Defaulting Owner in favor of the
other Owner prior to all other liens and encumbrances, except: (i)
liens for taxbs and special assessments; and, (ii) the lien of any first
rnortgage or first Oeed of trust of record encurnbering such L,ot. The
Iien-shal-t attach frorn the date when the unpaid surn shall becorne due and
nay be foreclosed in like nanner as a mortgage on real property upon the
relording of a notice or cLaim thereof executed by the Nondefaulting
Owner se[.ting forth the anount of the unpaid indebtedness, the nane of
the Defaulting owner, and a description of the Lot. In any such
foreclosure the Defaulting Ovtner shall be required to pay the costs and
expenses of such proceedings, including reasonable attorney's fees.
D. The lien provided for herein shall be subordinate to the lien
of any first nortgage or deed of trust, including aII additional
advances thereon. Sale or transfer of either Lot as the result of court
foreclosure of a rnortgage, foreclosure through the public trustee, or
any proceeding in lieu of foreclosurer.shall extinguish the lien of such
as-selsnents as to paynents thereof which becone due prior to such sale
or transfer, but shall not relieve any forrner Owner of personal
liability therefor. The rnortgagee of such Lot who acquires title by way
of foreClosure or the taking of a deed in lieu thereof, shalI not
however, be liabte for any past due assessment and shall only become
liable for future assessments on the date it becornes the Owner or is
t||llllllillil1il ]illtilLl il ilIil iltlliltillLll6132EE ol/3L/t997 10:lEA B?17 P3t4 2989 of 14 R 7l.OO D O.OO N 0.00 Eaelc, Coloredo
encumbrances in the order4.
of and to the
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entitled to become the Owner of such Lot. No sale or transfer shal}
relieve such Lot fron liability for any assessments thereafter becorning
due or from the lien thereof. In the event of the sale or transfer of
i f-,ot with respect to which sums shall be unpaid by a Defaulting Owner'
except transfers to a first mortgagee in connection with a foreclosure
of its lien or a deed in lieu thereof, the purchaser or other transferee
"i i" interest in such Lot, shaIl be jointly and severally liable with
the seller or transferor thereof for any such unpaid suns.
E. Upon written reguest of any Owner, nortgagee, prospective
mortgagee, purchaser or other prospective transferee of a Lot, the Owner
of ths other Lot shall issue a written statement setting forth the
anount he.is owed under this paragraph, if any, with respect to such
Unit. Such statement is binding upon the executing Owner in favor of
any person who rnay rely thereon in good {aittt. Un.l.ess a reguest for
rrr-"h-"t"tement shalt be- complied with within f ifteen days after receipt
thereof, all unpaid surns which became due prior to the date of naking
such request shilt be subordinated to the lien or other interest of the
person requesting such staternent.
13. USE RESTRTCTIONS.
A. Each Lot shall be restricted to a residential dwelling as a
permitted use, and conditional and accessory uses as defined by the
Town of VaiI Zoning ordinances.
B. No exterior nounted radio, shortwave, television or other type
of antenna whatsoever or tank of any kind, either elevated or buried, or
clothesline or incinerator of any kind whatsoever or outsj.de storage of
any personal property shall be permitted or naintained on either Lot
without the prior written approval of both Owners.
c. No animals shall- be kept or naintained in, on or upon either
Lot, except that each Ovrner may keep and naintain within his Unit
domesticated animals; provided, however, that such domesticated animals
are kept under control at all times, do not present a nuisance to the
other Owner, and are kept controlled in strict cornpliance with all Town
of VaiI ordinances that nay apply to such animals.
D. Parking on either Lot of boats, trailers, canpers, notor
homes, ATVs or recreational vehicles is expressly prohibited, unless
located within an owner's garage.
E. No Ittirne sharingtr, rrinterval ownershiptt or sirnilar interest,
whereby Ownership of a Lot is shared by Owners on a time basis, shall- be
established on either Lot without the prior written approval of both
Or{ners and a1l lienors holding a first mortgage or first deed of trust
of record on any portion of the Lot 5E or Lot 5W, which approval shall
be reflected in a docunent of record.
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613288 Ol/30/t997 l0:lEA 8717 P3t4 298
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F. The owners understand and agree that potential development
rights'ruy-"*i"t under present or futuie Town of Vail regulations that
,oi' p.*ii expansion of1he Lots, which development rights have_not been
utitizea to date. The O\,,rners of Lot 5E and Lot 5W shall be deened to
tiv"-"x"rusive ownership of any rights as currently ar-e being.utilized
Uy ttt"it respective Lo€s. No exercise of any developrnent rights not
utitizea to date shall be made by one Owner without first obtaining the
written consent of the other owner, which consent shall not be
r"r""="""bly withheld. The other Owner, before giving written consent'
"niff be en€itted to review the developnent plans and any blueprints or
;;;;y; prepared in connection with the development pLans. The owner of
Lot Sf -sftJff have the exclusive right to the use of 6Ot of the
o.".r"p."nt Rights which have not been utilized to date and 60? of all
future Development Rights allowed by the Town of VaiI except as set
forth below. The Ownel of Lot 5W sha1l have the exclusive right to the
use of 4OZ of the Development Rights which have not been utilized to
date and 40? of all future Developnent Rights allowed by the Town of
VaiI except as set forth beIow. Under current Town of VaiI requlations
tn"r" lnay'exist certain development rights because a structure is more
than fiv! (5) years old. any iignts obtained under such regulation or
itry frrtnr"'r'iite-typerr of regulation shalI belong solely to the Owner of
init l"t. ff either Owner exceeds his development rights, without the
consent of the other Owner, and because of this Lhe other Owner is not
iif"r"a t,o utilize his fuIl development rights, the excess development
shall be removed by the Owner thereof irnmediately upon the demand of the
other owner.
t-4. NoTICE. Each Owner shatl register its mailing address with
the other Owner and all notj-ces or demands intended to be served upon
Owners shall be sent by certified nail, postage prepaid, addressed in
the name of the Owner at such registered mailing address. In the
alternative, notices nay be delivered if in writing, personally to
O\^rners.
15. DURATION OF DECLARATION. Each provision contained in this
Declarati"n r^rfricfr is subject to the laws or rules sometirnes referred to
as the rule against perpetuities or the rule prohibitinq unreasonable
restraints on alienalion shall continue and remain in full force and
effect for the period of 2L years following the de3th of Ronald J. Byrne
and his fivini issue, or untit this Declaration is terminated as
hereinafter pr6vided, whichever first occurs. AIl other provisions
contained in-this Declaration shall continue and remain in full force
and effect until January 1, 2027 A.D. ' and thereafter for successive
periods of LO years eachi unless at }east l- year prior to January 1,
zoze e,.o., or at least I year prior to the expiration of any such l-0
year period of extended duration, this Declaration is terninated by
lecorded instrurnent, directing termination, signed by all Ovrners and all
Iienors holding a first nortgage or first deed of trust of record on any
portion of Lot 5E or Lot 5W.
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16. AMENDMENT OR REVOCATION. This Declaration nay be amended or
revoked only upon unanimous written approval in recordable form of all
Owners and llt lienors holding a first mortgage or first deed of trust
of record on any portion of Lot 5E or Lot 5W-
t7. EFFECT OF PROVISIONS OF DECI,ARATIoN. Each provision of this
DeClaration and Agreement, promise, covenant and unrlertaking to comply
with each provision of this Declaration, and any necessary exception or
reservation or grant of title, estate, right or interest to effectuate
any provision oi this Declaration: (i) sha11. be deerned incorporated in
ealn-deed or other instrurnent by which any right, title or interest in
any portion of Lot 5E or Lot 5W is granted, devised or conveyed, whether
or-nbt set forth or referred to in such deed or other instrumentt (ii)
shall, by virtue of acceptance of any right, title or interest in any
portion or r,ot 5E or Lot 5w by an owner, be deemed accepted, ratified,
ldopted and declared as a personal covenant of such Owner and', as a
perlonal covenant, shall be binding on such Owner and his heirs,
personal representatives, successors and assignsi and shall be deerned a
personal covenant to, with and for the benefit of each Owner of any
portion of Lot 5E or Lot 5W; and (iii) shall be deemed a real covenant
by Declarant, for itself, its successors and assigns, ?nd also an
equitable servitude, running, in each case, as a burden with and upon
the title to each and every portion of Lot 5E and Lot 5W'
]-8. ENFORCEMENT AND REMEDTES.
A. Court Proceedings. Each provision of this Declaration shalI
be enforceable by any Ohlner by a proceeding for a prohibitive or
mandatory injunction or by a suit or action to recover damages. If
court proceedings are instituted in connection with the rights of
enforcement and remedies provided in this Declaration, the prevailing
party shall be entitled to recover its costs and expenses in connection
therewith, including reasonable attorney fees.
B. Venue of Court Actions. Each owner hereby agrees that any and
atl actions in equity or at 1aw which are instituted to enforce any
provision hereunder shall be brought in and only in the District Court
of Eagle County, State of Colorado.
c. Wai-ver. Failure to enforce any provision of this Declaration
shall not operate as a waiver of any such provision, the right to
enforce such provision thereafter, or of any other provision of this
Declaration.
1"9. ExERcIsE oF RIGHTS. Any exercise of any right granted
hereunder by one owner with respect to the other owner's Lot including
but not limited to the use of any easement qranted herein shall be
I lllll lllil ilillr l||lil illil il llililt ilr lillt lil Lrl
6132EE Ol/3O/1997 l0:lEt B7l7 P314 2sB
12 ol t4 R 71 .00 D O.OO N 0.00 Eegh, Coloredo
rl
d
exercised in a manner which shalL not unreasonably hinder, impede or
impose upon such other owner's use of his Lot.
20. SUCCESSORS AND ASSIGNS. Except as otherwise provided herein,
this Declarati"n =hall be binaing upon and shall inure to the benefit of
each Owner and the heirs, personal representatives, successors and
assigns of each.
Z'J,. SEVERABILTTY. fnvafidity or unenforceability of any
provisions of dtris Declaration in whole or in part shall not effect the
validity or enforceabl-e part of a provision of this Declaration.
ZZ. CAPTIONS. The captions and headings in this instrument are
for conven-ienca only and shall not be considered in construing any
provisions of this Declaration.
23. CoNSTRUCTION. when necessary for proper construction, the
masculine oi any word used in this Declaration shall include the
feminine or neutAr gender, and the singular the plural and vice versa.
rN WTTNEqS
Ag!5 day of
STATE OF COLORADO
COUNTY OF EAGLE
Subscribed and
by Ronald J. Byrne
Witness
Declarant has executed this Declaration this
, L997.
ss.
sworn to before rne
as General Partner
and official
thisfl$r5 day of \rru.,tt l , tssT
o f BMFTa i r r-,im itett p--Fa:-F€i,5rship .
l{
5\
seal.-\\qt.
WHEREOF
ARTNERSHIP,
artnership
Rona , as General
Partn of VaiI Linited
ershi
#iI"fl.-qs}5j '..'o-:' NANCY l-. ii rsrEs !
*trr6i.!s
My on:
EXHTBIT IIAII
TO PARTYWALL AGREBMENT AND DECLARATION OF COVENANTS,
CONDITIONS AND RESERVATIONS FOR
LOT 5, BLOCK
FIRST FILTNG, ACCORDING
VAIL VTLLAGE,
THE RECORDED PLAT THEREOF
5,
TO
COUNTY OF EAGLE, STATE OF COLORADO
l-. Taxes or assessments not yet due and payable and special
assessments not yet certified to the Treasurer's office.
2. Right.of proprietor of a vein or lode to extract and remove his ore
therefrorn should the same be found to penetrate or intersect the
premises as reserved in United States patent recorded September l-4,
L923, in Book 93 at Page 98.
3. Right of way for Ditches or Canals constructed by the authority of
the United States as reserved in United States Patent recorded
September 14, L923, in Book 93 at Page 98.
4. Restrictive covenants which do not contain a forfeiture or reverter
clause, but ornitting restrictions, if any, based on race, color,
religion, or national origin, as contained in Instrunent recorded
August 10, L962, in Book ]-74 aE Page L79.
5. Easements, Reservations and Restrictions as shown or reserved on
the recorded Plat of Vail ViIIage First Filing.
6. Utifity Easement ten feet in width along the Southerly Lot Line,
twenty feet in widttr along the Eastern l-,ot Line, both as shown ont
he recorded PIat of Vail Village, First riting.
7. Terms, conditions and provisions of conveyance of easernent recorded
January 07, 1992 in Book 570 at Page 202.
8. Easements, Reservations
the Duplex Plats recorded
and in Book l\-l_ at Page
and Restrictions as sltown or reserved on
\\1D\4"1 in Book -l lJ at Page Alb ,z)2.
g, Reservations as shown on Warranty Deed recorded August 24, 1989 in
Book 51-2 at Page 277 and Agreement in connection therewith recorded
october l-7, l-995 in Book 678 at Page 429.
l"O. Terms, conditions and provisions of Type II Employee Housing Unit
Restrictive Covenant recorded Decernber 11, 1995 in Book 683 at Page
269.
H
-l:i,'/ -ji /:)'.'ii,
)ltllJC ,Tsi0T 3HT lc 3iii i i
cAoR 3tATtlont .? ,' ,
Iaal.i 00uicJ03,J i'#{U'','dl',lll!l#.''tl'll',FlHF!#,$q:llT
NOTE: THIS PERMIT MUST BE POSTED ON
PLI'MBING PERMIT
JOBSITE
Permit
i-.f{ ./t"'-,. r 4 /i5t( t,,r\r
rlVv
AT ALL TIMES
P9 5-0115
75 South Frontage Road
Vail, Colorado 81657
970-479-213V479-2139
FAX 970-479-2452
Department of Community Development
Phone; 3039459809
sPRrN 8l-601
Valuation:70,000 . 00
FEE SUIIIIARY
APPLICANT R.A. NELSON & ASSOCTATES, INC
P O DF-AWER 5400, AVON CO 81620
CoNTRACTOR R.A. NELSON & ASSOCIATES, rNC
P O DRAWER 5400, AVON CO 81620OWNER BMS VAIL LIMITED PARTNERSHIP
285 BRIDGE ST, VArL CO 81657
CONTRACTOR COLORADO PI-,I,IMBING SERVICE
45705 HIGHWAY 6 & 24, GLENWOOD
Description: NEW P/S RESIDENCE
Phone: 3039495152
Phone: 3039495152
ion and ptot ptan,
20n subdivision
Job Addre6s:Location...:
Parcel No..:Project No.:
126 FOREST RD
2101-0 71-1s-0 31
PRJg5-0142
St,atus. . .
Applied. .
Issued. . .
Expires. .
ISSUED
o8 /02 /tee5
oe /0t/Lee502/28/Lee6
.00 Total catcutated Fees---> 1,315.50'1,515.50 Additionat Fees--------->.00Investigation> .00[i tt ca t l.----> 3.00
Total Pernit Fee--------> 1,315.50
Payments-------
BALANCE DUE----*****f* tttbffi**ffifffi****ffiffiffi
P Lumbing----->
Pl.n check--->
1,050.00 Restuarant Ptan Revi ey--)262.50 ToTAL FEES-----
*fi*ffi*if,**f,ff,*t*****t|lt**ffi**t*************t***tHtlhtffit**l**ir******#rffi*t*t**********i******rett******lr*t*rt**tt***tffit
CONDITION OF APPROVAL
DECLARATIONS
I hereby acknovtedge that I have read this appLication, f il,l,ed out in fut,t, the information an accurate ptotptan, and state that att the informtion provided as rcqui red is corrcct. I to conpty
IIe,m: .O51OO BUILDING DEPARTMENTO9/0L/1995 CHUCK Action: APPR
Dept: BUILDING Division:
'I
to compty lrith al,t Town ordinanccs and st6te larrs, and to build this structure
codcs, design reviev approved, Unifori BuiLding Code rnd other ordinances of Tovn
REOUESTS FOR II{SPECTIONS SHALL 8E hADE TUENTY-FOUR HOIJRS IN ADVANCE BY AT OFF ICE
AND O}'NER
{gu"r"uor*o
o
************************jl********************!*******************
TOWN OF VArr,, coLoRADo Statemnt
******************!t*******tl***********!***********************!tjl*
Statemnt Nunber: REC-0112 Amount:1,31s ,s0 oL/23/e5 14:16,/23/e
Palrment Method: CK Notation:: *11558 Init: CD
Permit No: P95-0115 Tl4)e:
Parcel No: 2101-071-15-031
Site AddreeE: 126 FORTST RD
This Payment 1,315.50 Total ALL Pmt83
Balance:
B-PLMB PLUMBING PERI'TIT
****i***************!****:l*******!t*****!t*****************!ttt******
Total Feea:
Description
PII'UBING PERMIT FEES
PI,A}T CHECK FEES
WILI, CALI, INSPECTION FEE
1,315 .50
1, 315 .50
.00
Anount
1r 050.0o
262.50
3.00
Account Code
01 0000 41311
01 0000 4L332
01 0000 4L336
NOTE: THIS PERMIT MUST BE POSTED
PLI'MBING PERMIT
ON JOBSITE
Permit
ALL TIMES
P95-0115
AT
#:
75 South Frontage Poad
Vail, Colorado 81657
970- 479-2 1 3 8/479-2 I 3 9
FAX 970-479-2452
APPLICANT
CONTRACTOR
OWNER
CONTRACTOR
Department of Community Development
R.A. NELSON & ASSOCTATES, rNC
P O DRAWER 5400, AVON CO 81620
R.A. NEr_,SON & ASSOCIATES, rNC
P O DRAWER 5400, AVON CO 8L62O
BMS VAIL IJIMITED PARTNERSHIP
285 BRTDGE ST, VArL CO 81657
COLORADO PI,WBING SERVICE
45705 HTGHWAY 6 & 24, GLENWOOD SPRrN 81601
Status...: ISSUEDApplied..: 08/02/teesIssued...: 09/0L/L995
Expires. . : 02/28/L996
Phone: 3039495152
Phonez 3039495L52
.fob AddressLocation...
Parcel No..Project No.
126 FOREST RD
2LOI-O?L-1s-031
PRJg5-0142
Phone: 3039459809
Description: NEw P/s RESTDENCE Valuation:70,000 . 00
*****iffif*ff#ffirffi**t FEE SUllllARY ffi*t#ffi*ffi*******ffiffffitL**trffiffi***fi
P tumbing----->
P Lan check-->
lnvcstigation>[i tL cat t--->
1,050.00
252.50
.00
t.00
Rcstuarant Ptan Revis->
TOTAL FEES-_--
.00
1,315.50
Tota L Catcutated Fecs--->
Additionat Fees--__>
Tota I Pcrrit FeF---->
1,t15.50
.00
1 ,315.5O
1,315.50
BALANCE DUE----Hrffrlrtr:ffi#r*ffir*******ffi*tfrhht**tttttrt*rbt**ffrffitHntltff*rrffi*rttHl****#ctfft**:tffiiffitil#ffiffiffiffiffi*
ftem: 05100 BUILDING DEPARTMENT09/oL/L995 CHUCK Action: APPR
Dept: BUILDING Dj-visj.on:
DECLARATIONS
I hereby acknovtedge that I have read this application, fitl,cd out in futt thc inforration accurate ptot
and pl,ot ptan,
suMivision
ptan, and statc that atl the inforration provided as requined is correct- I to corptyto corpty vith att Toun ordinances and st.t. [avs, and to buitd this structurc
codes, design reviev approvcd, Uniforn Buitding Codc .nd othen opdinances of Toun
REQUESTS FOR INSPECTIONS SHALL BE ITADE TIIENTY-FOUR HOURS IN AOVANCE BY AT
an
ion
{p"nouo'uo
vv
*******************************************tl********************
TOWN OF VAIL, COLORADO Statennt
;;;;-;;.;***i***************************************************
Statemnt Number: REC-0112 Anount;1,31s.50 OL/23/96 L4zL6
fnit: CDPayment Method: CK Notation: #11558
Permit No:
Parcel No:
site Addrees:
ThiE Payment
Account Code
01 0000 41311
01 oooo 4L332
01 0000 41336
P95-0115 TIpe: B-PLMB PLITMBING PERMIT
2L0t-0?L-15-031
125 FOREST RD. Total Feeet tr315'50
11315.50 Total ALL Pmts: 11315'50
Balance: .00
****************************!***************jl******!r***:t't******tl*
Description
PLITI{BING PERMIT FEES
PI,AN CT.IECK FEES
VIILL CAI-,L INSPECTION FEE
Anrount
1, 050 . 00
262.sO
3 .00
o
Da/s7at/ztt Zut7tr/p zFh rA// ed,
Frank Kilian
,/a-/5--f6,
,[elevator Rlan Review
E ElevatorTest and InsPection
ProjectName: /a/ tg oyn,Ur PegDa/re
Location: /,2U ftPEf 'fun
lt,hlt ga 9t660
Permit Number;
Erevatorrype: P,Pe r4rDfu Z{"dzDfi/eE
.The plans have been reviewed and found to conform to all applicable ANSI 17'1 and
UBC codes.
.The elevator/escalator at the above localion was inspecled and tested on
and a Temporary/Final Inspection certificate has been issued'
L/,'
comments: U//f s S tCz-- 4J8lf
i?r4sa ?l
sisn"t,",4.an7y' /d/*-
nls\eip\planinsP.sam
TO:
FROM:
DATE:
SUBJECT:
PARTYWALL AGREEMENT AND
DECI,ARATION OF
COVENANTS, CONDITIONS AND RESERVATIONS
FOR
L,,OT 5' BL,OCK 7, VAIL VILI,AGE'
FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF
COUNTY OF EAGLE, STATE OF COLORADO
RECITALS
BMS VAIL LIMITED PARTNERSHIP, a Colorado Limited Partnership,
(hereinafter referred to as rrDeclarantll) is the owner of the real
property situate in the County of Eag1e, State of Colorado, described as
Lot 5, Block 7, Vail Vi11age, First Filing, according to the recorded
Plat thereof county of Eagle, State of colorado, subject to the
restrictions set forth in the attached Exhibit ttatt lnSubject Propertytt).
Declarant has constructed on the Subject Property a building
consisting of two Units, each designed and intended for use and
occupancy as a residential dwelling Unit, which are sornetimes referred
to herein separately as rrUni-trr or collectively as rtUnitstr.
within the Unit on Lot 58, is a Type IT Employee Housing Unit,
which is subject to the restrictions set forth in paragraph 11 of
Exhibit trAtr.
DECLARATION
Declarant does hereby publish and declare that the folLowing terms,
covenants, conditions, easements, restrictions, use, reservations,
Iimitations and obligations shalI be deemed to run with the land
described herein, shall be a burden and a benefit to Declarant, his
personal representatives, heirs, successors and assigns and any person
acquiring or owning an interest in the real property which is described
herein and improvements built thereon, his grantees, personal
representatives, heirs, successors and assigns.
1. DEFINITIONS. Unless the context shall expressly provide
otherwise, the following terms shall have the following meanings:
A. rrThe Propertiesrr means all of the real estate legally
described as Lot 5, Block 7, Vail Village, First Filing, according tothe recorded Plat thereof, County of Eagle, State of Colorado.
B. rrl,otn, rlBuilding Sitett, or trParcelrt neans Lot 5E or
Lot 5w as shown on the Map.
c. trDuplexil or trBuildingrr means the two contiguous dwelling Units
constructed upon the Parcels or Lots.
D. rUnittr means any one of the two dwellings comprising the
rrDuplexrr.
E. rOwnertr means a person, personsr firm, corporation,
partnership or association, or other legal entity, or any combination
thereof, owing an interest in the Lots.
F. nllaprr neans the engineering survey of the Properties by Dan
Corcoran, Colorado P.L.S. L6827, entitled Final Plat, Vail Village,
First riling, Block 7, Eagle County, depicting and locating specificity
thereon the Lots, recorded on , L997 in Book
and is hereby submitted to-Ttrls oecfaration.
at Page
G. rrAssessmentrt neans any periodic or one tirne charge to cover
the cost of any expense or charge that becomes due and owing by virtue
of this Declaration.
2. DESCRfPTION AND RESERVATION. Every Contract of Sale, Deed,
Lease, Mortgage, Trust Deed, Will or other instrument shall legally
describe a Unit or real property interest as follows:
Lot 5E or Lot 5W (as the case nay be), according
Vail Village First Filing, Block 7, a Resubdivision
Vail, county of Eag1e, State of Colorado recorded on
in Book at Page _, County of Eagle, State of Colorado.
Every such description shall be good and sufficient for alI
purposes to sell, convey, transfer, encumber or otherwise affect the
Lots and all appurtenant rights, benefits, and burdens thereto as
created by the provisions of this Declaration, and each such description
shall be so construed. This provision shall apply to the properties as
said term (the Properties) is defined in this Declaration.
3. PROPERTY DIVISION.
A. Declarant hereby establishes this plan for the subdivision of
the Properties into Two (2) Lots for ownership in fee simple by the
Ohrners of Lot 5E and Lot 5W.
B. Lot 5E and Lot 5W shall be subject to the easements noted onthe rnap and those set forth herein.
C. In the event Lot 5E and Lot 5W are owned by the same entities,the doctrine of merger shall not apply
to the Final Plat.of Lot 5, Town of
D. The parties, if nore than one, having the ownership of a Lot
shall agree amonlt themselves how to share the rights and obligations of
such ownership; provided, however, that if a corporation, partnership,
association or other legal entity shaLl become an owner or the parties,
if more than one, have the concurrent Ownership of a Lot, then such
entity or concurrent owners shatl from time to tirne designate one
individuat who shall represent such entity or concurrent Oqrners in all
matters concerning all rights and obligations pursuant to this
Declaration.
E. Any such entity or concurrent owners shall give written notice
to the other Owner designating the individual to act on its or their
behalf and such notice shall be effective untit revoked in writing by
such entity or Owners. Any act or omission by such designated
individual shall be binding on the entity or owners having designated
hirn in favor of the other ostner or any other person who may rely
thereon.
F. Each Lot shall be considered a separate parcels of realproperty and shall be separately addressed and taxed.
4. ENCROACHMENTS. If any portion of Lot 5E or Lot 5W nolt
encroaches upon the other Lot as a result of the construction of any
building, or if any such encroachment shall occur hereafter as a result
of settling or shifting of any building, a valid easement for the
encroachnent and for the naintenance of the same so long as the building
stands, shall exist. fn the event any building shall be partially or
totally destroyed as a resuLt of fire or other casualty or as a result
of condennation or eminent dornain proceedings and then rebuilt,
encroachnents of parts of the building on the other Lot, due to such
rebuiLding, shall be pernitted, so long as such encroachrnents are of nogreater extent than those previously existing, and valid easements for
such encroachments and the maintenance thereof shall exist so long as
the building shall stand.
5. PARTY WALL.
A. The conmon wall placed egually divided on the conmon boundary
separating the Lot 5E and the Lot 5w, the footings underlying and theportion of roof over such wall are collectively referred to herein as
the rrParty Wallrr.
B. To the extent not inconsistent with this Declaration, thegeneral rules of law regarding party walIs and liability for damage due
to negligence, willful acts or omissions shal1 apply to the Party Wall.
C. The Owners of either Lot shall have a perpetual easement in andto that part of the other Lot on which the Party WalI is located, forparty wa1l purposes, including rnutual support, naintenance, repair andinspection. In the event of damage to or the destruction of the Party
WalI from any cause, then the Owners shall at joint expense in shares
set forth in paragraph 8 below, repair or rebuild said Party WaII, and
each owner, shall have the right to the fulI use of said Party Wall so
repaired and rebuilt. Notwithstanding anything contained above to the
contrary, if the negligence, willful act or omission of any owner, his
family, agent or invitee, shall cause damage to or destruction of, the
Party l{all, such Owner shall bear the entire cost of repair or
reconstruction (to the extent that such damage is not covered by
insurance), and an owner who by his negligent or willful act causes the
Party WalI to be exposed to the elements shal1 bear the full cost of
furnishing the necessary protection against such elements.
6. I.,ANDSCAPTNG, SERVICE FACILITIES, DRTVEWAYS AND WALKWAYS.
A. The Owners from time to tine shall undertake such landscaping
and general outdoor irnprovements including but not linited to driveway
and parking areas as they nay mutually and unanimously deen proper for
the harmonious improvement of both Lots in a comrnon thene, and, except
for any expense or liability caused throuqh the negligence or willful
act of any owner, his family, agent or invitee, which shall be borne
solely by such olvner, each Owner shall share all expenses, liabilities
and general upkeep responsibilities with respect to such landscaping and
outdoor inprovements according to the ratios set forth in paragraph 8
below. The Owner of one Lot shall not unreasonably damage the value of
either L,,ot by withholding consent or payrnent for needed maintenance or
repair hereunder, and both ostners shall make all reasonable efforts to
preserve a harmonious cornmon appearance of the Units and Lots.
B. common utility or service connections or l-ines, common
facilities or other equiprnent and property located in or on either of
the Lots but used in cornmon with the other Lot, if any, shall be owned
as tenants in comrnon of equal undivided one-haIf interests by the owners
of each Lot and, except for any expense or liability caused through the
negligence or willful act of any owner, his fanily, agent or invitee,
which shall be borne solely by such o!.tner, al1 expenses and liabilities
concerned with such property shall be shared in the proportions setforth in paragraph 8 below. The Ohrner of the Lot on which such property
is not located shall have a perpetual- easement in and to that part of
such other Lot containing such property as is reasonably necessary for
purposes of maintenance, repair, and inspection.
7. ALTERATION. MAINTENANCE AND REPAIRS.
A. In addition , to maintenance provided for in paragraph 6.A.,
the Owners shall pay their proportionate share as allocated in paragraph
8 of the total cost allocated to each Lot, in order to provide exterior
maintenance and exterior repair upon the Units, and of tbe Lot upon
which each Unit is located including, but not linited to, the exterior
wa1ls and the roof housing the Units. Repair, replacement or cleaningof the exterior window glass shall be considered interior maintenance.
snow removal of any walkway, sidewalk or patio, whj-ch is not heated,
shall be at the sole expense of such owner using such walkway, sidewalk
or patio. Snow removal of the driveways, walkways, sidewalks or patios
is not anticipated, however, because of a snow melt system. ff the need
for repair is caused through the negligence or willfu] act of any owner'
his farnily, agent or invitee, such owner shal1 bear the entire costs of
such repair or reconstruction (to the extent that such damage j-s not
covered by insurance). Both Units must be painted at the same tine and
with the sane materials and no exterior nodifications shall be rnade with
the character of the building without unanimous approval of both
parties. The owner of one Lot shall not unreasonably damage the value
of either Lot by withholdinq consent or payment for needed naintenance
or repair hereunder, and both owners shall make all reasonabLe efforts
to preserve a harmonious conmon appearance of the Units and Lots.
B. Each owner shall be so1e1y responsible for maintenance and
repair of the interior of his Unit including fixtures and improvements
and all- utility lines and eguipment located therein and serving such
Unit only. In perforrning such rnaintenance and repair, or in improving or
altering his Unit, no owner shal1 do any act or work which impairs the
structural soundness of either Unit or the Party Wall, or which
interferes with any easement granted or reserved herein.
C. Utility or service connections or Iines, facilities or other
utility equipnent and property located in, on or upon either of the
Lots, which are used solely to supply a service or utility to one Unit
shall be owned by the owner of the Unit using such utility or service
and atl expenses and liabilities for repair and maintenance or use of
such utility shall be borne solely by the owner of such Unit, who shall
have a perpetual easement in and to that part of such other Lot or Unit
containing such property as is reasonably necessary for purposes of
rnaintenance, repair and inspection.
D. No Owner sha1l make or suffer any structural or design change(including a color scheme change), either pernanent or temporary and of
any type or nature whatsoever to the exterior of his Unit or construct
any additional building structure of any type or nature whatsoever upon
any part of his Lot, without first obtaining the prior written consentthereto fron the other O\.tner, such consent shall not be unreasonably
withheld. In case of damage or destruction of any Unit or any part
thereof by any cause whatsoever, the owner of such Uni-t shall cause with
due ditigence the Unit to be repaired and restored, applying the
proceeds of insurance, if any, for that purpose. Such Unit shall be
restored to a condition comparable to that prior to the damage and in a
harmonious manner to promote the common theme of both Lots.
8. ALLOCATION Ol. EXPENSES. Costs and expenses of all activities
whose cost is anticipated to be shared by both owners, except as caused
by negligence of willful act of an owner, shall be allocated in the
following proportions :
o
Lot 5E
Lot 5w
9. MECHANIC'S LIENS: fNDEMNIFICATION:
A. Except for items incurred as a common expense as provided for
herein, if any Owner shall cause any rnaterial to be furnished to his Lot
or Unit thereon or any labor to be performed therein or thereon, the
other Owner shall not under any circunstances be liable for the payment
of any expense incurred or for the value of the !'rork done or material
furnished; all such v/ork sha1l be at the expense of the owner causing it
to be done, and such Owner shall be solely responsible to contractors,
laborers, materialnen and other persons furnishing labor or materi-a1s to
his Lot or any improvements therein or thereon; nothing herein contained
shatl authorize either ovtner or any person dealing through, with or
under either Owner to charge the Lot of the other owner with any
rnechanic's lien or other lien or encurnbrance whateveri and, on the
contrary (and notice is hereby given) the right and power to charge any
lien or encumbrance of any kind against one Owner or against one Ohlner's
Lot for work done or materials furnished to the other Owner's Lot i-s
hereby expressly denied.
B. Except as provided for below, if, because of any act or
omission of any Owner, any rnechanic's or other lien or order for the
payrnent of rnoney shal] be filed against the other Owner's Lot or any
improvements therein or thereon or against any other owner (whether or
not such lien or order is valid or enforceable as such), the owner whose
act or omission forms the basis for such lien or order shall at his own
cost and expense cause the same to be cancelled and discharged of record
or bonded by a surety company reasonably acceptable to such other Owner,
within 30 days after the date of filing thereof, and further shaLf
indennify and save the other owner harmless from and against any and all
costs, expenses, claims, losses or damages, including reasonable
attorney's fees resulting therefrom.
10. INSURANCE.
A. Each Owner shall keep his Lot and all fixtures therein insured
against loss or danage by fire and extended coverage perils (including
vandalism and malicious mischief) for the rnaximum replacement value
thereof. Any ohrner may on 30 days' written notice, but not more
frequently than once every three years, obtain a written estimate of
the replacement cost of the Units by a licensed contractor, and the cost
of such estimate sha1l be split between the owners on a 5O/5o basis.
Such contractor shal1 be a disinterested and independent third party who
is unrelated in any manner to either Owner whether through joint
business adventures or otherwise.
B. Each owner shall provide and keep in force, for the protection
508
50E
of himself, general public liability and property damage insurance
against claims for bodily injury or death or property danage occurring
in, on or upon, his Lot owned in fee sirnple and the improvernents
thereon, in a lirnit of not less than $L,00o,000.00 in respect of bodily
injury or death to any number of persons arising out of one accident or
disaster, or for damage to property, and if higher lirnits shall at any
time be custornary to protect against possible tort liability, such
higher linits shall be carried.
C. Each Ovrner shall deliver to the other O!'/ner certificates
evidencing all insurance required to be carried under this paragraph'
each containing agreernents by the insurers not to cancel or nodify the
policies without giving the other owner written notice of at least 30
days. Each owner shall have the right to inspect and copy all such
insurance policies of the other owner and require evidence of the
payment of premiums thereon.
D. Nothinq provided in this paragraph shall prevent the owners
fronr jointly acquiring a single policy to cover any one or more of the
hazards required in this paragraph to be separately insured against by
each Owner.
E. A11 insurance policies obtained by either owner shall
expressly waj.ve all rights of subrogation as against all other Owners
and their respective fanilies and invitees.
].1. DESTRUCTION OF IMPROVEMENTS ON LOT.
A. In the event of darnage or destruction to a Unit by fire or
other disaster, the insurance proceeds if sufficient to reconstruct the
Unit shall be deposited into a bank account which requires, for
withdrawals, the signatures of both the owners, or disbursed directly by
the insurance carrier. The owners shalf then promptly authorize the
necessary repair and reconstruction work and the insurance proceeds will
be applied by the owners to defray the cost thereof. 'tRepair and
Reconstructionrt of Units, as used in paragraph 11.A and 11.B herein,
means restoring the inprovements to substantially the same condition in
which they existed prior to the damage with each Unit having the same
boundaries as before.
B. If the insurance proceeds are insufficient to repair or
reconstruct any darnage to a Lot or the improvenents constructed thereon,
such damage or destruction shall be promptly repaired and reconstructed
by the Owner using the insurance proceeds and the proceeds of an
assessment against the Owner(s) of the danaged Lot(s). Such assessment
shalt be egual to the amount by which the cost of reconstruction or
repair exceeds the sum of the insurance proceeds allocable to such Lot.
Such Assessment shall be due and payable thirty (30) days after the
determination of the difference between the cost of reconstruction and
repair and insurance proceeds and all such funds shall be deposited and
disbursed pursuant to paragraph LL.A.
c. If the Owners of Lot 5E and Lot 5w and the holders of first
mortgages or beneficiaries of first deeds of trust on Lot 5E and Lot 5W
unanirnously agree not to repair or reconstruct damage or destruction to
Lot 5E or Lot 5W the Property shall be sold and the proceeds shall be
divided as agreed to at the tirne of the agreement not to rebuifd by the
Otrners of the Lot 5E and Lot 5W and the holders of first mortgages and
beneficiaries of first deeds of trust on the Lot 5E and Lot 5W (the
rrEaCh Ownerrs Share of Proceedstr). Each Owner's Share of Proceeds shall
be disbursed as follows:
L. for paynent of taxes and special assessment liens in
favor of any assessing entity and customary expenses of sale;
2. for payment of the balance of the lien of any first
rnortgage or deed of trusti
3. for payment of any sums due under this Declarationi
4. for payment of junior liens and encumbrances in the order
of and to the extent of their priority; and
5. the balance remaining, if dDY, shall be paid to the
respective owners.
L2. RIGHT TO LIEN.
A. If an Owner, at any tine, shall neglect or refuse to perforrn
or pay his share of any obligation reguired hereunder, the other owner
may, but shall not be obligated to, after 30 days written notice unless
the circumstances reguire imrnediate action, make such payrnent or, on
behalf of such other owner, expend such surn as may be necessary to
perform such obligation including, but not limited to, the payrnent of
any insurance premiums required hereunder or the undertaking of any work
required hereunder for repair, restoration or maintenance, and such
other Owner shall have an easement in and to that part of such
defaulting Owner's Lot as is reasonably necessary for such repair,
restoration or maintenance.
B. A11 sums so paid or expended by an owner, with interest
thereon at the rate of 1-8 percent per year fron the date of such payment
or expenditure, sha1l be payable by the owner so failing to perform (therrDefaultinq ownertt) upon denand of the other owner.
C. All sums so demanded but unpaid by the defaulting Owner shall
constitute a lien on the Lot of the Defaulting Ol^/ner in favor of the
other owner prior to a1I other liens and encumbrances, except: (i)
liens for taxes and special assessments; and, (ii) the lien of any first
nortgage or first deed of trust of record encumbering such Lot. The
lien shall attach frorn the date when the unpaid sum shall become due and
may be foreclosed in like nanner as a mortgage on real property upon the
relording of a notice or claim thereof executed by the Nondefaulting
Owner setting forth the arnount of the unpaid indebtedness, the name of
the Defaulting Ohtner, and a description of the Lot. In any such
foreclosure the Defaulting O$tner shall be required to pay the costs and
expenses of such proceedings, including reasonable attorney's fees.
D. The lien provided for herein sha1l be subordinate to the lien
of any first mortgage or deed of trust, including all additional
advances ttrereon. Sale or transfer of either Lot as the result of court
foreclosure of a mortgage, foreclosure through the public trustee, or
any proceeding in lieu of foreclosure, shall extinguish the lien of such
assessments as to payments thereof which become due prior to such sale
or transfer, but shal.I not relieve any former ol^rner of personal
liability therefor. The mortgagee of such Lot who acquires title by way
of foreclosure or the taking of a deed in lieu thereof, shall not
however, be liable for any past due assessment and shall- only becorne
liable for future assessnents on the date it becomes the owner or is
entitled to become the Or,rner of such Lot. No sale or transfer shall
relieve such Lot from liability for any assessments thereafter becoming
due or from the lien thereof. In the event of the sale or transfer of
a Lot with respect to which surns sha11 be unpaid by a Defaulting owner,
except transfers to a first rnortgagee in connect j-on with a forecl-osure
of its lien or a deed in Lieu thereof, the purchaser or other transferee
of an interest in such Lot shall be jointly and severally liable with
the seller or transferor thereof for any such unpaid sums.
E. Upon written request of any owner, mortgagee, prospectj-ve
mortgagee, purchaser or other prospective transferee of a Lot, the owner
of the other Lot shall issue a written statement setting forth the
amount he is owed under this paragraph, if any, with respect to such
Unit. Such statement is binding upon the executing owner in favor of
any person who nay rety thereon in good faith. Unless a request for
such statement shall be complied with within fifteen days after receipt
thereof, all unpaid suns which became due prior to the date of naking
such request sha]l be subordinated to the lien or other interest of the
person reguesting such statement.
13. USE RESTRICTIONS.
A. Each Lot shall be restricted to a residential dwelling as aperrnitted use, and conditional and accessory uses as defined by the
Town of Vail Zoning ordinances.
B. No exterior mounted radio, shortwave, television or other type
of antenna whatsoever or tank of any kind, either elevated or buried, or
clothesline or incinerator of any kind whatsoever or outside storage of
any personal property shall be pernitted or maintained on either Lotwithout the prior written approval of both owners.
c. No animals shal} be kept or rnaintained in, on or upon either
Lot, except that each owner may keep and maintain within his Unit
donesticated animals; provided, however, that such dornesticated anirnals
are kept under control at all tirnes, do not present a nuisance to the
other ohrner, and are kept controlled in strict compliance with aLl Town
of Vail ordinances that nay apply to such animals.
D. Parking on either Lot of boats, trailers, campers, motor
hones, ATVs or recreational vehicles is expressly prohibited, unless
located within an owner's ltarage.
E. No trtime sharingrr, rrinterval ownership" or sinilar interest,
whereby Ownership of a Lot is shared by owners on a time basis, shall be
established on either Lot without the prior written approval of both
Owners and all lienors holding a first mortgage or first deed of trust
of record on any portion of the Lot 5E or Lot 5W, which approval shall
be reflected in a document of record.
F. The owners understand and agree that potential developnent
rights may exist under present or future Tohtn of Vail regulations that
rnay perrnit expansion of the Lots, which development rights have not been
utilized to date. The Owners of L,ot 5E and Lot 5w shall be deemed to
have exclusive ownership of any rights as currently are being utilized
by their respective Lots. No exercise of any development rights not
utilized to date shall be made by one owner without first obtaining the
written consent of the other owner, which consent shall not be
unreasonably withheld. The other owner, before giving written consent,
shall be entitled to review the development plans and any blueprints or
surveys prepared in connection with the devel-opment p1ans. The Owner of
Lot 5E shall have the exclusive right to the use of 602 of the
Development Rights which have not been utilized to date and 60? of aII
future Developrnent Rights allowed by the Town of Vail except as set
forth below. The owner of Lot 5W sha]l have the exclusive right to the
use of 408 of the Developrnent Rights which have not been utilized to
date and 40? of aI1 future Development Rights allowed by the Town of
Vail except as set forth below. Under current Town of Vail regulations
there rnay exist certain developrnent rights because a structure is more
than five (5) years old. Any rights obtained under such regulation or
any future rtlike-typerr of regulation shal1 belong solely to the Owner of
that Lot. If either Owner exceeds his deveLopment rights, without the
consent of the other owner, and because of this the other Owner is not
alLowed to utilize his fuII developnent rights, the excess development
shall be removed by the Owner thereof inrnediately upon the demand of the
other Ovrner.
14. NOTICE. Each Owner shall register its nailing address with
the other Owner and all notices or demands intended to be served upon
onners shall be sent by certified rnail, postage prepaid, addressed in
the name of the owner at such registered rnailing address. In the
alternative, notices may be delivered if in writing, personally to
l_0
O$rners.
15. DURATION oF DECLARATIoN. Each provision contained in this
Declaration which is subject to the laws or rules sometimes referred to
as the rule against perpetuities or the rule prohibiting unreasonable
restraints on alienation shall continue and rernain in fuII force and
effect for the period of 2L years following the death of Ronald J. Byrne
and his living issue, or until this Declaration is terninated as
hereinafter provided, whichever first occurs. A11 other provisions
contained in this Declaration shall continue and remain in full force
and effect until January 1, 2027 A.D., and thereafter for successj.ve
periods of l-O years eachi unless at least 1, year prior to January 1,
2026 A.D. I or at least 1- year prior to the expiration of any such 10
year period of extended duration, this Declaration is terninated by
recorded instrument, directing terrnination, signed by all owners and aI1
lienors holding a first mortgage or first deed of trust of record on any
portion of Lot 5E or Lot 5W.
16. AI.IENDMENT OR REVOCATION. This Declaration may be amended or
revoked only upon unaninous written approval in recordable form of all
owners and all lienors holding a first mortgage or first deed of trust
of record on any portion of Lot 5E or Lot 5W.
L7. EFFECT OF PROVfSIONS OF DECI"ARATION. Each provision of this
Declaration and Agreement, pronise, covenant and undertaking to cornply
with each provision of this Declaration, and any necessary exception or
reservation or grant of title, estate, right or interest to effectuate
any provision of this Declaration: (i) shall be deened incorporated in
each deed or other instrunent by which any right, title or interest in
any portion of Lot 5E or Lot 5W is granted, devised or conveyed, whether
or not set forth or referred to in such deed or other instrumenti (ii)
shall, by virtue of acceptance of any right, title or interest in anyportion of Lot 5E or Lot 5w by an oh/ner, be deemed accepted, ratified,
adopted and declared as a personal covenant of such owner and, as apersonal covenant, shall be binding on such owner and his heirs,
personal representatives, successors and assignsi and shall be deemed a
personal covenant to, with and for the benefit of each Ovtner of anyportion of Lot 5E or Lot 5W; and (iii) shal} be deerned a real covenant
by Declarant, for itself, its successors and assi-gns, and also an
equitable servitude, running, in each case, as a burden with and upon
the title to each and every portion of Lot 5E and Lot 5W.
18. ENFORCEI{ENT AND REMEDTES.
A. Court Proceedings. Each provision of this Declaration shallbe enforceabLe by any Ohrner by a proceeding for a prohibitive or
mandatory injunction or by a suit or action to recover damages. Ifcourt proceedings are instituted in connection with the rights of
enforcement and remedies provided in this Declaration, the prevailingparty shall be entitled to recover its costs and expenses in connection
1t-
therewith, includingt reasonable attorney fees.
B. Venue of Court Actions. Each owner hereby aqtrees that any and
al1 actions in equity or at law which are instituted to enforce any
provision hereunder shatl be brought in and only in the District Court
of EagJ.e County, State of Colorado.
c. Waiver. Failure to enforce any provision of this Declaration
shall not operate as a ldaiver of any such provision, the right to
enforce such provision thereafter, or of any other provision of this
Declaration.
19. EXERCISE oF RIGHTS. Any exercise of any right granted
hereunder by one Owner with respect to the other owner's Lot including
but not lirnited to the use of any easement granted herein shall be
exercised in a manner which sha1l not unreasonably hinder, impede or
impose upon such other Owner's use of his Lot.
20. SUCCESSORS AND ASSIGNS. Except as otherwise provided herein,
this Declaration shall be binding upon and shall inure to the benefit of
each O$rner and the heirs, personal representatives. successors and
assigns of each.
2t. SEVERABILITY. Invalidity or unenforceability of any
provisions of this Declaration in whole or in part sha11 not effect the
validity or enforceable part of a provision of this Declaration.
22. cAPTIoNs. The captions and headings in this instrument are
for convenience only and shall not be considered in construing any
provisions of this Declaration.
23. CONSTRUCTION. When necessary for proper construction, the
masculine of any word used in this Declaration shall include the
feminine or neuter gender, and the singular the plural and vice versa.
WITNESS WHEREOF Declarant has executed this Declaration this
of , 1997.
BMS VAIL LIMITED PARTNERSHIP,
a Colorado Linited Partnership
Ronald J. Byrne, as General.
Partner of BMS Vail Linited
Partnership
IN
day
By:
STATE OF COI-,ORADO
L2
COT'NTY OF EAGLE
) ss.
)
Subscribed and suorn to before me this day of , L997
by Ronald J. Byrne aa General Partner of BMS Vail Linited Partnership.
Witness ny hand and official seal .
My connlssion expJ-res on:
l
13
l_.
EXHIBIT rrArt
TO PARTYWALL AGREEI,IENT AND DECLARATION OF COVENANTS,
CONDTTIONS AND RESERVATTONS FOR
LOT 5, BLOCK 5, VAIL VILI,AGE,
FIRST FILING, ACCORDING TO THE RECORDED PI"AT THEREOF
COUNTY OF EAGLE, STATE OF COLORADO
Taxes or assessments not yet due and payable and special
assessments not yet certified to the Treasurer's office.
2. Right of proprietor of a vein or lode to extract and remove his ore
therefrom should the same be found to penetrate or intersect the
premises as reserved in United States patent recorded September 14,
L923, in Book 93 at Page 98.
3. Right of way for Ditches or Canals constructed by the authority of
the United States as reserved in United States Patent recorded
september L4, 1,923, in Book 93 at Page 98.
Restrictive covenants which do not contain a forfeiture or reverter
clause, but ornitting restrictions, if any, based on race, co1or,
religion, or national origin, as contained in Instrument recorded
August 1-0, L962t in Book L74 aL Page l-79.
Easements, Reservations and Restrictions as shown or reserved on
the recorded Plat of Vail Village First Filing.
Utility Easement ten feet in width al-ong the Southerly Lot Line,
twenty feet in width along the Easter Lot Line, both as shown ont
he recorded PIat of Vail Village, First Filing.
Terms, conditions and provisions of conveyance of easement recorded
January 07, l-992 in Book 570 at Page 202.
Easements, Reservations and Restrictions as shown or reserved on
the Resubdivision Plat recorded in Book
-
at Page
Terms, conditions and provisions of Party wall Agreement recorded
in Book at Page
l-0. Reservations as shown on Warranty Deed recorded August 24t L989 in
Book 5L2 at Page 277 and Agreement in connection therewith recorded
October 17, 1995 in Book 578 at Page 429.
L1-. Terms, conditions and provisions of Type II Employee Housing Unit
Restrictive covenant recorded December 11, 1995 in Book 683 at Page
269.
4.
5.
6.
7.
8.
9.
L4
L2. Terms, conditions and provisions of Encroachrnent Agreenent recorded
November 30, l-995 in Book 682 at Page L59.
13. Terms, conditions and provisions of Encroachment Agreement recorded
Novenber 30, 1995 in Book 582 at Page l-50.
14. Easements, reservations and restrictions as shown or reserved on
the Plat recorded in Book at Page
15
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, t ,1 ,t.r ,, i .r,r .
fr*q 4uw.-
010 REPUBLIC NAll0NAt TITIE INSUBANCI COMPANY, a Minnesola corpom on, herein called tho Company, for a
valuable considera on, hereby commits to issue its policy or policies of title insurance, as identifisd in Schadule A, in lavor
0f ihe proposed Insured named in Schsdule A, os owner 0r mongaqee of ths estats or intoresl covemd hereby in the land
described or refened r0 in Schedule A, upon paymenr 0f ths premiums and charg€s therefor; all subject t0 lhe provisi0ns 0f
Schedule A and B and to the Condrtions and S pulations heteof.
This Commirmenr shall be effective only when the rdentity ol the pmposed Insured and the amounl 0t the policy 0r
policies commirrod for have been insened in Schedule A hereol by the Company, either at tlle tme ol the issuancs 0f lhis
Commitment or by subsequent endorsemenl.
This Commitment is prelrminary to rhe issuance of such policy or policies of ftle insurance and all liability and obligations
henunder shall cease and tsminals sir months after rhe effeclive date hereof or whsn the policy or policies commitnd for
shall issue, whichever firsr occun, pr0vided rhar rhe failure to issue such policy or polrcies is not the fauh of the Company.
8y
Authorized Signatory
OEI fcrn 2582
+***
i-9j
CONOITIONS AND STIPUITTIONS
l. The lerm "mongage", when used herein. shall includs deed of trust, lrust deed, 0r other secudty insrumenl.
2. ll the proposed Insured has or acquires actual knowledge of any defect. lien, sncumbrance, adverse claim 0r other
matter affec ng rhe esrale or inrerest or mongage thercon covered by this Commilment 0lh0r lhan those shown in Schedule B hereof, and shall fail to disclose such knowledge
totheCompanyinwnting,theCompanysha||bgte|ievedfIom|iabi|ilyfoIany|ossordamagetesu|dngfromanyactofre|ianceheteontotheextenttheCompanyisp|ud|ced
by failure of rhe proposed Insursd ro so disclose such knowledge. ll the proposed Insured shall disclose such knowledge to the Company, or if the Company otheruisa acquires
acrual knowladge of any such defect, lien, encumbrance, adverse claam or other matter, the Company sl ils oplion may amend Schedule B of this Commitment accordingly, bul
such amendment shall not relieve the Company from liability previously inturred punuanl l0 paragraph 3 of these Conditions and Sljpltlalions.
3. Lrabiliry of rhe Company under this [ommitmenr shall be only to the namsd proposed Insured and such panies
included under rhe de{inition of Insured in rho form of policy or policies commiltsd for and only for actual loss incurted in teliance heteon in undenaking in good faith la} to
cgmply wilh lhe requtfemenls hereof or lbl t0 eliminare exceptions shown in Schedule B, or lc| to acquire 0r create lhe estate or inleresl or morlgage lheron c0veled by this
Commitment. In no evenr shall such liability exceed lhe amount stated in Schedule A for the policy or policies committed for and such lnbilhy is subject to the insuring
provisions and fig Condhigns and Stipulations and rhe Erclusaons from Coverage of the lorm ol policy or policies commilted lor in favor of the pmposed Insured which ars
hereby incorporatsd by reference and made a pan of this Commitment except as exptessly modtfied herein.
4. Any action or acrions or righls 0f aclion rhar lhe proposed Insured may have or may Lrrng against the Compa0y
ansing out ol the slalus 0f lhe lille r0 fie estate 0r inlercsl 0r fie slalus of the monqage thefoon covered by this Commilmenl must be based on and arc subject to lhe
orovisions of this Commitment.
S]ANOARO EXCIPTIONS
ln addirion t0 the matters conuined in rhe Condi ons and Stioulations and [rchrsions trom Coveraos above
relensd to, lhis C0mmllmenl is also subject l0 the f0llowing,
L Rights or claims 0l panies in possession not shown by the public records.
2. [asements. or claims of eas€menls, nor shown by the public records.
3. [)iscrepancies, conflicrs in boundary lines, sh0nage in area, encroachments, and any facts which a cormct
survey and inspection ol the premises would disclose and which an not shown by lhe public records.
4. Any lien. or ight to a lien, for seruaces. labor or matrial therelolore or hereafter furnished, imposed by law
and not shown by the oublic records.
5. 0elects, liens, encumbrances, adverse claims 0r other malters. if any, created, linr appcanng rn the public records
otattachingsubsequenltolheeffeclivedateheteofbUtp0[l0
Commilment,
lN WITNISS WHtRE0t, [)ld flepublic National Title Insurance [ompany has caused its corporale name and ssal lo
be hsraunto affired by irs duly authorized officers on the date shown in Schedule A, to be valid when counteniqned by a validating officgr or other authorized si0nat0ry.
OI.O REPUBTIC IIATIOiIAT TITTE IilSUBAIICE COMPAIIIY
A Stoc( tonpany
400 Second Awnue Sluth. Unneapllis. Minneslta 55401
t6t2t3lt.
A,nst lrf*rZ Seuekry
OtD RE?.IC NATIONAIJ TITLE INSURAU COMPANY
AI.,TA COMMITMENT
SCHEDULE A
Our Order # V255937
For InformaEion Only
- Charges -
ALTA Owner Policy $3,956.00
sr, t?3 .33
*** THIS IS NOT AN IM/OICE, BUT AN ESTIMATE OF FEES. WHEN REFERRING
TO THrS ORDER, PLEASE REFERENCE OI'R ORDER NO. V255937 ***
1. Effeccive DaEe: December L1, 1995 aE 5:00 P.M.
2. Policy to be issued, and proposed Insured:
"A,LTA', Owner, s policy 1-O-!7 -92 $4, 700, 000 .00
Proposed Insured:
STEVEN READ ANd MARY READ
3. The escate or interesu in t,he land described or referred to in
Lhis CommicmenE and covered herein is:
A Fee Simple
4. Ticle to the eseate or int,eresE covered herein is aE, the
effeccive daLe hereof vested in:
BMS VAIL LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP
5. The land referred Eo in this CommitmenE is described as
follows:
A PORTION OF:
LOT 5, BLOCK 7, VAIL VrLr,AGE, FrRST FrLINg, ACCORDTNG TO THE
RECORDED PLAT THEREOF, COT'NTY OF EAGLE, STATE-OF COLORADO. (TO
BE KNOWN AS THE EAST HALF)
NOTE: SAID LEGAT DESCRIPTION WILL CHANGE UPON COMPLIANCE WITH
ITEMS IN SCHEDULE B-I HEREIN.
PAGE 1
. ALrOcoMMrrMENr O
SCHEDULE B-1
(Requirements) Our Order # v255937
PAGE 2
A r., T {c o M M r r M E N T O
SCHEDUI-,E B- 1
(RequiremenEs) Our Order # v255937
The following are Ehe requiremenEs to be complied with:
1. Palmenc. Eo or for Ehe account of the grantors or mortgagors of
t.he fulI ccnsideraEion for Ehe estate or inEeresE Co be
insured.
2. Proper insrrument(s) creating the estatse or interesE to be
insured must be executed and duly filed for record, to-wit:
3. RESUBDIVISION PLAT, ACCEPTABLE TO THE COMPANY, TO BE RECORDED IN EAGLE
COUNTY.
4. PARTY I;.\LL AGREEMENT, ACCEPTABLE TO THE COMPANY, TO BE RECORDED IN EAGLE
COUNTY.
5. SATTSF.ACTORY COMLIANCE WrTH ORDER RECORDED XXX, CrVrL ACTION NO. 95-7-L870.
5. EVIDEIIC3 S.qTISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS A}ID
PROVISIOIIS OF THE TOI^IN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
7 . W.qRRA-tlT'i DSED FROM BMS VAIL,, LIMITED PARTNERSHIP, A COLORADO L,IMITED
PARTNEP.SHIP TO STEVEN READ and MARY READ CONVEYING SUBJECT PROPERTY.
NOTE: CERTIFICATE OF LIMITED PARTNERSHIP RECORDED AugusL 24, L9B9 IN BOOK
512.I,T P.:.GE 275 DISCLOSES RONALD J. BYRNE TO BE THE GENERAL PARTNER(S) OF
BMS V.qIL LIMITED PARTNERSHIP, I,TMITED PARTNERSHIP.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN
ADD?.ISSES ON DOCI]MEM|S SE}TT FOR RECORDING!!
* I i * * * * * * * * ***** *** ***** * NOT'E ****** ** **** *** * ***********
RECORDING FEES HAVE INCREASED AS OF JULY 1 , L995 TO $5.00
FOR THE FTRST PAGE AND S5.OO FOR EACH ADDITIONAL PAGE.
RELEiSES IIAVE INCREASED TO $]-4.00 FOR THE FIRST PAGE AND
$5.00 FOR EACH ADDITIONAL PAGE.
PAGE 3
ALrfcoMMrrMENr
SCHEDULE B-2
(ExcePtions) Our Order # v255937
The policy or policies t,o be issued will contain exceptions to the
follbwing'unleis the same are disposed of Eo tshe satisfacEion of
tshe ComPanY:
1. Strandard ExcepE.ions 1 t.hrough 5 printed on Ehe cover sheeE.
6. Taxes and assessmenEs not yeE due or payable and special
assessmencs not yet, certified to the Treasurer's office'
7. Any unpaid taxes or assessmenEs against said land'
8. Liens for unpaid waEer and sewer charges, if any.
g. RIGHT OF PROPR]ETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HTS ORE
THEP,EFROM SHOUi,D THE SAME BE FOIJND TO PENETRATE OR INTERSECT THE PREMISES
As P.ESERVED IN IJNITED STATES PATENT RECORDED SePTCMbCT 14, T923' IN BOOK 93
AT PAGE 98.
10. RTGHT OF' W.\Y FOR DITCHES OR CAI.'IAI,S CONSTRUCTED BY THE AUTHORITY OF THE
UNIT5D ST.\TES AS RESERVED IN UNITED STATES PATENT RECORDED SEPEEMbET 1-4,
J.923, IN BOOK 93 AT PAGE 98
11 . RESTRICTIVE COVENA}ITS WHICH DO NOT COITTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING RESTRTCTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR
NATIOI.I.\L ORIG]N, AS CONTAINED IN INSTRUMEMI RECORDED AUglIST 10, L962' IN
BOOI: 17{ .\T PAGE L79.
!2. EASEME}.ITS, RESERVATIONS AI{D RESTRICTIONS AS SHOV{N OR RESERVED ON THE
RECOR.DED PLAT OF VAIL VILIJAGE FIRST FII-,ING.
13. UTILITY EASEMENT TEN FEET IN WIDTH ALONG THE SOIITHERLY LOT tINE, TWENTY
FEET iN I,IIDTH ALONG THE EASTERI,,,Y LOT LINE, BOTH AS SHOWN ON THE RECORDED
PLAT OF VAIL VILLAGE, FIRST FILING.
].4 . TERI,IS, CONDITIONS AND PROVISTONS OF CONVEYANCE OF EASEMENT RECORDED JANUAry
07, 1992 rN BOOK 570 AT pAGE 202.
1-5. EASEME}ITS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE
RESUBDIVISION PLAT RECORDED TBD IN BOOK XXX AT PAGE XXX.
16. TERiIS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT RECORDED TBD IN
BOO}: XXX AT PAGE XXX.
1.7. RESERVATIONS AS SHOWN ON WARRANTY DEED RNEORDED AUGUST 24, 1989 IN BOOK 512
AT PAGE 277 AND AGREEMENT IN CONNECTION THEREWITH RECORDED OCTOBER 1-7, 1.995
IN BOOF: 678 AT PAGE 429.
PAGE 4
Ar,TfcoMMrrMBN,T
SCHEDULE 8.2
(Excepeions) Our Order # v255937
18. TERMS, CONDITIONS Al{D PROVISIONS OF TYPE II EMPLOVEE HOUSING ttNrr
RESTRTqIIVE COVENAIIT RECORDED December 11, 1995 IN BOOK 583 AT PAGE 269.
PAGE 5
, iAND rlrn GUARANTE. COMPANY
DISCLOSURE STATEMENT
Required by SenaEe BilI 91-14
A) The subject. real properEy may be locat,ed in a special Eaxing
disErict.
B) A CerUificate of Taxes Due listing each Eaxing jurisdicCion
may be obtained from the County Treasurer or the County
Treasurer's auEhorized agenL.
C) The informaEion regarding special disErict,s and Ehe boundaries
of such districts may be obEained from Ehe Board of CounEy
Commissioners, tshe County Clerk and Recorder, or tshe County
Assessor,
Required by Senate Bill 92-l-43
A) A Cerr,ificate of Taxes Due listing each Eaxing jurisdiction
shall be obtained from the CounLy Treasurer or the County
Treasurer's authorized agenE.
TGlrIH GF UFI I l-
Hiscel laneous Cesh
11;fft:FJt61-1€'-9t
EeceiPt * ?15Er51 .. -
m;Ul' *-', rJ[4'?:l'**"''-'*o I H* . **
FlrfiBun t iende red )
Iten Paid
Er I BBBB41-1'3tl6Bri
f;hange ret'urned ''"
fflgcun1 Faid
1BB. B6
ri" ,.]f
THFh{t< \'6l.
\r-r'u r ca5hit r f{EFTHll
' Revised 5/2/92
(PLEASE PRINT
o Date Received behe Conmuni
Deveiopment. oepf,menE I J=
IPPLICATION FOR
DUPIJX SUBDIVISTON REVIEW
(Chapter 17.24 VaiI Municipal Code)
OR TYPE)
BMS Vail PartnershipA. APPLICANT
MAILING ADDRESS 285 Bridge Street
Vail, Colorado 81657 PITONE 47 6-L987
B.APPI.,I CANT' S REPRESENTATIVE Jav K. PeEerson
ADDRESS Suite 307, 108 S. Front e Road,vail pg91,1g 476-0092
c.PROPERTY
OIINER' S SI HONE 476-1987
MAILING ADDRESS 285 Brid il, co 81657
D.LOCATION OF PROPOSAL:
STREET appXpgg 126 Forest Road, Vail, Colorado 81657
toT-5 BlocK-1-suBDrvrsroN vtil vill"s" FTLTNG-- r
E.
F.
APPLICATION FEE $1OO.OO
MATERIALS TO BE SUBMITTED:
a.
PArD-j- crrEcK r-5-(c2o
1. Two mylar copies and one paper copy of the subdivision
pIaL ahall bi submitted t.o Lfre Department-of-Communily
bevelopment. The plat, shall include the following:
The final plat shall be drawn by a registered
surveyor in fnOia ink, or other substantial
solution, on a reproducible medium (preferably
mylar) with dimeniion of twenty-four by thirty-six
iirches and shall be at a scale of one hundred feet
to one inch or larger with nargins of one and one-
half to two inches on the left and one-half inch
on all other sides.
Accurate dinensions to the nearest one-hundredth
of a foot for alt lines, angles and curves used to
describe boundaries, sLreets, setbacks, aIleys,
easementsr sLructures, areas to be reserved or
dedicated for public or conmon uses and other
inportant features. A1I curves shall be circular
arls and shall be defined by t'he radius, central
angle, are scored distances and bearing. Af.I
Aifrenlions, both linear and angular, are to be
deLermined by an accurate control survey in the.
field whlch irust balance and close within'a linit
of one in ten thousand. {
North arrow and graPhic sca1e.
A systematic identification of atl existing.and
prolosed buildings, units, lots, blocks, and names
for all sEreets.
An identification of the streets, alleys,' parks,
and other publlc areas or facilities as shown on
the plat, Lna a dedication theteof to the public
use. An identification of t'he easements as shown
on the plat and a grant thereof to the public use'
Areas rlserved for future public acquisition sha1l
also be shown on the Plat. i's
A written survey description of tYre area including
the tot,al acreage to the nearest appropriat'e
significant figure. The acreage of each lot or
paicel shal] be shown in this manner as well '
b.
c.
d.
e.
f.
Ia
NOTE: THIS PERMIT MUST
ELECTRICAI-,TOWN OFVATT
BE POSTED ON JOBSITE AT ALL TIMES
PERMIT Permit *t 895-0274
75 South Frorxage Road
VaiL Colorado 81657
970-4792138/47e-2139
FAX9nH79-2452
E lcctri c.t->
DRB Fcc
lnvastig.tlon>
9i Lt Cal. t-->
TOTAL FEES-_>
Department o;f Community Development
APPLICENT HUNT ELECTRIC
P O BOX 1984, VArL CO 81658
CONTRACTOR HT'NT ELECTRIC
P O BOX 1984, VArL CO 81658OWNER BMS VAIL LIMITED PARTNERSHIP
285 BRTDGE ST, VArIJ CO 81657
Description: TEMPORARY POWER Valuation:3, 000.00
Job Address
Location.. .Parcel No,.Project No.
54.00
.00
.q)
3.00
57.00
].26 FOREST RD
2101-o71-15-031
PRJ95-0142
Total, Catculatcd Feca-->
Additional Fr!s---->
Tot![ Pernit Fec----)Paymnts---------->
BALr\NCE DUE__-____>
Status...: ISSUEDApplied..: LL/ts/LeetIssued...: LL/16/L99!Expires..: O5/t4/L991
Phone: 3039491913
Phone: 3039491913
57.m
.m
57.00
57.00
.00
**'f**li*1|**t**ft ***t***ffi *ffi **ffi*iffi *ffi
*t***$}*#*ffi *ffi **ffi t*t*****i*fffi
CONDITION OF APPROVAL
**t*******trftr***iffir*t****************ff*ft*i*****:|t**Hff*fi****ff*****rk*lr***ffi*******ffi****t**Jotffiffi***ffi*rffi
DECLARATIONS
Item: -06000 ELECTRICAL DEPARTMENTL1/L5/1995 DAN Action: AppR Dept: BUILDING Division:
l. herrby €cknorrtcdge thlt t have rcad thi3 .pptication, fiLted o.rt in futl, thc infornation rcquired, coipl,etcd !n eccuratc ptot
ll"::-:13:::1._ll":_:!t_:*_i1l:l'-.!iT^ryr111 .:-i.!yi:{.is-correct. r aerec to.conpry 'iitn tr,. in?ormation and ptot ptan,
::,::ttP!f Yilh 1t! rovn ordinanccs -end stltc.t!vs,.and io buitd this structuf! according i"'tttt i""n;" 4r;iil-ail "iiuoi"iJtiicodes, dcsign rcvie approved, Unifon Bui tding Cod! snd othar ordinances of the appLi cabte
REOUESTS FOR INSPECTIC{S SHALL BE IIADE IUEI{TY-FOUR I{OI'RS IN ADVATIGE BY :m
^||
5:00 Pr
{p**"uo'uo
-v****************************************************************
TOWN OF VAIL, COLORADO Statemnt
* * * * * * * ** * * * * * * * * * * * * * * * * * tl * * * * * * ** * * * * * * * * * * * * * ** * * *** * * * ** * * !t*
Statemnt Number: REC-0099 Anount: 57.00 lL/L6/95 \5240
Palrment Method: CHECK Notation: *1L447 Init: LIU)
Permit No: E95-0274 Tlpe: B-ELEC
Parcel No: 2101-071-15-031
Site Address: 126 FOREST RD
ELECTRICAL PERMIT
Tota1 Fees;57.00 TotaL ALL Pmts:
Description
ELECTRICAIJ PERMIT FEES
V'ILI CALL INSPECTION FEE
57.00
57.00'Balance: .00****************************************************************
This Palanent
Account Code
01 0000 41313
01 0000 41336
AInount
54.00
3 .00
NOTE: THIS PERIIIT UUST BE POSTED ON
ELECTRICA], PERI,IIT
JOBSITE AT ALIJ TIMES
Perrnit *z 895-0274
Status...: APPROVEDapplied..: LL/L,/LeesIesued...: LL/|5/L995Expiree..z O5/L3/L996
Phone: 3039491913
Phone: 3039491913
Job Addrees
Location.. .
Parcel No..Project No.
.m
.q)
3.m
125 FOREST RD
2101-071-15-031
PRJ95-0142
APPLICANT HI'NT ELECTRIC
P o Box t984, vArr, co 81658
CONTRACTOR HIJNT ELECTRIC
P O BOX t984, VArL CO 81658
OWNER BMS VAII. LIMITED PARTNERSHIP
285 BRTDGE ST, VArL CO 81657
Description: TEMPORARY POWER Valuation:3,000.00
FEE SUTIIARY
Et.ctrlGal,---> 54.q)Totat Cstcutated Fecs-->
Additimal, Fccs--)
Totat Plrrit Fce-----)PaYrcnts------_---->
EAL llcE OUE-->
57.(n
.m
57.m
.m
57.m
DRB Fcc
lnvcatiEetion>
9i tt catt-)
ToTAL FEES-> 57 .m
Dept: BUILDING Division:Item: O6OOO ELECTRICAL DEPARTIIENT11/15/1995 DAN Action: APPR
CONDITION OF APPROVAI
DECIJARATIONS
I her.by acknatedge that I hrv. rced this apptication, fitl,ed out in ful,l, the infornation rcquir.d, copl,.t.d rn accurat. plot
ptan, and st.t. that at[ thc inforration providcd as requi red is corFect. I !gr€. to co?ty uith the inforrrtio €r'd pLot ptan,
to conl,y uith rLl, Toun ordinanccs and state taus, .nd to bui td this structurc accotding to the Toun's zoning end subdiviaion
codes, design reviar approved, lrniforr Buitding Cod. and othcr ordinrnces of the Tom lppticabl,c th.r.to.
REOI'ESTS FOR TTISPECTIOTIS SHALL BE IADE TTEilW-FOT'R I{IURS T ADVAI{CE BY TELEPI{OI{E AI 4T>21# OR AT OUR OFFICE FROII E:(n Ai 5:M Pi
STGMTURE OF OT ER Oi CoI{TRACTOR FOR HIIISELF AIID OTII{ER
$Contact Eagle County AssesaollOf f ice('at e't'0-328:8640 r":t"::::i:iiltrHi oF vArL co*sr'uqrrfifjF
(#g"l
f,mcn #: &[clr a> r I s d 3l -pinuirjiDF,lfFi:g-;oR]r-U[.
tgy I 1,>'r DATEz ll'14-45 r rrvc (-
@ AppLrcArroN lrusr BE FTTJLED o* *ffi o* ,'f0l["C0lVUU,UzufEBTUx***************************** PEIU{IT rNFORtdATroN *i***r***********************tl .t-t l-Building t l-ptunbing \r{-rlectricat [ !-l.rechanibal [ ]-orher
h*/\Job Nane; Ryp.",e Rgs " Job Addrer", lJ.,0r Egs=r R")
Legal Descrigrtion: Ict 5 B!.oeF-_ gifhs l.- !,_,:::,,:::::
owners Nane: Qr"'rr PInNs Address: For.f Pc) prr.clz6-tq?z
P}tr.+>L-t1q\2
ceneral Description:,r' t
I{ork class: Xl-N"r [ ]-Alteration I l-Additional
'\ (\, INuuber of Dr,relling Units: /---+ F-titL Nunber
t
of
l-Repalr [ ]-other
Accomnodation Units:
)nlectrical Contractor:T-own of vail Reg. NoU-€-E
Phone Number:Address:
Plunbing.
Address:
Contractor:Town of vail Reg. NO.
Phone Number:
Town of Vail Reg. NO.
Plrone Nunber:
oFFrcE usE ** ** * * * * *** ** * * * * * * * **** * * * ****
BUTI,DING PIAN CHECK FEE:
PIJtn{BrNG PLAN CHECK FEE3I.IECHANICAL PI.AN CHECK FEE:
RECRE,I,TION FEE:
CI.E]AN-UP DEPOSTT:
TOTAIJ PERUTT FEEss
BUUJDTNG!
STGNATTIRE:
ZONTNG:
SIGNATTIRE:
Y::!?1i""1 contractor: FAqclress3
******************************** FOR
BUTLDTNG PERUIT FEE:
PLI'I,IBING PERUIT FEES
IIECIIANTCAIJ PERMIT FEE:
EI,ECIRTCAL FEE:
OTHER TYPE OF FEA:
DRB FEE:
I o MEMORANDUM
ALL CONTRACTORS
TOWN OF VAIL PUBLIC WORKS DEPARTMENT
MAY 9, 1gg4
WHEN A "PUBUC WAY PERMIT'IS REQUIRED
TO:
FROM:
DATE:
RE:
.rsa\
Job Name: brR.ue. Ke-s
Date: lt ^ r L{ ^a <
Please answer lhe following questionnaire regarding the need for a "Public Way permit':
YES
X
NO
1) ls this a new residence?
2) ls demolition work being performed
lhat reciuires the use of the right
of way, eassments or public prcpefty?
3) ls any utility work needed?
4) ls the driveway being repaved?
5) ls difierent a6ess needed to site
other than existing driveway?
6) ls any drainage work being done
affeaing lhe right of way, easements,
or public property?
(
X
V
(
(
7l ls a "Revocable Bight Of Way Permit"
required?
8) A. ls the right of way, €asements or V
public property-to be used for staging, \
parking or fencing?
B. ll no to 8A, is a parking, staging V
or fencing plan required by Community
Development?
lflou answered yes to any of these questions, a'Public Way Permit" must be obtained.
'Public Way Permit" applications may be obtained at the Public Work's oflice or at
C9-ryqu1ttf Development. lf you have any questions ptease caltCharlie Davis, ths Town
ol Vail
I have
fnspestor, ?q,479-21
and answered all
'HL/,
PUBLIC WORKS PERiIIT PROCESS
How it relates to Building Permits:
1) Fill out our check list provided with a buildino oermit aoolication.
lf yes was answered to any of the above questions then a "public way" is
required. You can pick up an application at either community Developmeni,
located at 75 S. Frontage Road or PublicWorks, located at 1309 VaitValtey Drive.
2) Notice sign offs for utility companies. All utilities must fietd verify (locate)
respective utilities prior to signing application. Some utility companies require up
to a 48 hour notice to schedule a locate.
3) A construction tratfic controUstaging plan must be prepared on a separate sheet
of paper.An approved site plan may also be used. This plan will show tocations
of all traffic control devices(signs, cones, etc..) and the work zone, (area of
construction, staging, etc..). This plan will expire on oct. 1sth. and will need to
be resubmifted for approval through the winter.
4') Sketch of work being performed must be submitted indicating dimensions (length,
width & depth of work). This may be drawn on the traffic control plan or a iite
plan for the job.
5) Submit completed application to the Public Works's office for review. lf required,
locates will be scheduled for the Town of Vail Electricians and lrrigation crew. The
locates take place in the morning but, may require up to 4g hours to perform.
6) The Public Work's Construction Inspector will review the application and approve
or disapprove the permit. You will be contacted as to the status and any thai may
needed. Most permits are released within 48 hours of being received, but please
allow up to one week to process.
7') As soon as the permit is processed, a copy will be faxed to community
Development allowing the "Building Permit" to be released. Please do not confusi
the "Public Way Permit" with a "Building Permit" to do work on a project itself.
NOTE:
] Jh9 above process ts for work In a pubtic way onty.
'Publlc Way Permits are vatid onty un$l November iSth,* A new Public way Permlt ls required each year lf work is not complste.
ctypttty
lnwn
TO:
EROM:
DATE:
SUBJEqI:
cooperation o
75 roulh lrcnLg. ro.d
utll, eolorr.lo 81657
(303, 479-21.38 ot 479-2L39 olflcc ol communly devclopmont
AI,L CONTRAqIORS CT'RRENTLYL REGISTERED WITE TITETOI'N OF VAIL
Tol,fN OF VAIL PUBLIC woRKS/CO!,[rflrNITy DEIIEIOPIIENT
tlARCg 16, 1988
CONSTRUqIION PARKING S }TATERTAL STORAGE
rn surnmary, ordinance No. G stateE that it is unrawfur for anyPerson to litter, track or deposit.any soif,-r"cf, ""rrd, debrisor naterial, inclu_ding trash i'lrnpsters, portabre toirets andworknen vehicles.Tpon. any streetl =ia"rlruil;-;ii:y or publicplace or anv oorti-on theieoi. --rr," right-of-way on arr. Town ofVail streets ina.:gug= is alproxinatety 5 ft. off pavenent.This ordinance rl1] b".;ari;iit-lnforced by the Town of vailPubric !{orks Department. pers6ns found vi6raling this ordinancewill be siven a 24 hour r"iir;;-;"ti""-ti-i!iJi"'="id nateriar.In ttre event the person so notified.aoes not-;;piy with thenoti'ee within the-24 rrour.tirne-slecitied, the puitic worksDepartmenr wur remove said rnate;r;i-;r-ir,J'E"iliie of personnotified- The provisions Jt ttti= ordinance shalr not beappricabte to cinstruction, riitrt"tt.r,ge o-r repair projects ofany street or alley or any utilities in the right_a_way.
To-review Ordinance No. 6Vail Buil_ding Department please stop by the Town ofa copy. Thank you for your
in full,to obtain
ect (i.e.r contractor, owner)
lnwn o ||al
75 routh tronlrgc ?ord
u!ll, colorrdo 81657
(3o3't 479-2L38 ot 479-2L39 oftlcc of communlty dtyclopmqtl
BUILDING PERI.|IT ISSUANCE TIME FMME
If this p"rylt l"qrl,:::^i J9w1 of Vail Fire Departnent Approval,Ensineer''s (.pubric fgtfr) review anJ ipp"ouai,'i iiiiiiini'blp."t .ntreview or Hearth Departrnint review, ani'"-"erie; ;i-fi;"driiaing
S3ri[S!1h"g,l "ttrruted time ror-a-totar r.rii"-iruy"Lil'u, r6ns
All commercial (rarqe or small) and alr nurti-famiry permits wi.ilhave to follow itre ioove menti6neJ raiimum reguirenents. Residentiarand small projects should take a teiitr'amound of time. Hoiever, ifresidential or smailer.projects impaii the various above mentioneddepartments with reoard to-necessiiv-.evii*,-ih;;; ;;;j;.tl"ruyalso take the three-week period.
Every attempt wir'r be made by this departrnent to exped.ite thispermi't as soon as possible. - Yv s^rvs' r's t,''
I' the undersigned, understand the plan check procedure and timeframe.
Communi ty Devel ooment Department.
TOWI{OFVAIL
75 SouthFrontage Road
VaiL Colorado 81657
3Os -479-2 I 38 / 479-2 I 3e
FAX 303-479-2452
Department of Community Developnent
rrFonxtrlror TEEDED mlar lppLturc FoR t utcBlrtcrL pERrtr
ITEAT LOSS CAICI'I.,ATIONS.
TO SCALE FLOOR PLAN OF ITECHANICAL ROOI.{ WITH EeUfpI.tENT
DRAWN IN TO SCALE, WITII PHYSICAL DII,IENSIONS AI,ID BtU
RATINGS OF ALL EQUIPI'IENT IN UECHA!{ICAL ROOM.
3. SHOW SIZE AND LOCATION OT CO!,IBUSTION
VENT CONNECTORS AND GAS LINES.
AIR DUCTS, FLUES,
NOTE WHETHER ELEVATOR EQUIP!,TENT WILL AI-,SO BE INSTALLED IN
I'IECHANICAL ROOM.
FAILT'RE BO PROVIDE TITTS IIFORTiITIOT WI',L DELAI IOUR PERIIIT.
1.
2.
4.
lmn
75 rou0r liontlec road
vall, colorado t1657
(303) 4}}2t38
(3(B) f7$2130
otf ce ot co0rmuntty deyglopment
NOTICE To coNTRAcToRs,/oYINER BUILDERS
Effective June 20, 1991, the Town of vail Buirding Department hasdeveJ-oped the foll-owinq procedures to ensure that new tonstructionsites have adequately established proper drainage from buildingsites along and adjacent to Town of VaiL roads or streets.
Tbe Town of vail Pubric works Departaent will be required toinspect and approve drainage adjacent to lown of vail roads orstreets and tbe installation of tenporary or pereanent culverts ataccess points from tbe road or street on to tle construetion site.such approval must be obtaineci prior to any request for inspectionby the Town of Vail Building Department for footi-ngs or remporaryerect.rical or any other inspection. pLease catt 4i9-2160 tarequest an inspection from the pubric works Department. Arlow aminimum of 24 hour notice.
Also, the Town of vail publi.c grlorks Departnent will be approvingall final drainage and cutvert installation with resulting roaipatching as necessary. such approval must be obtainea prioi-ioFj.nal Certificate of Occupancy j.ssuance.
o R.A. NELSoN o
fyASSOCIATES, tNC.
April 25, 1996
Ms. Lauren Waterton
Town of Vail Community Development Department
75 South Frontage Road West
Vail, CO 81657
RE: Lot 5, 126 Forest Road
Vail, Colorado
Dear Lauren:
PO. Drower 5400 . Avon, Colorodo 81620
Thank you for taking the tiine to come to the above-referenced site earlier today to resolve
the GRFA issues. Your prompt attention to this matter has been a great help to me in keeping
our project moving forward. I would also like to apologize for not getting copies of the GRFA
revisions to you before last Wednesday. In the future, I will personally copy you on any
changes that may arise.
I thought it would be helpful to document our conversation earlier today as follows:
Prior to framing inspection, the following items need to be addressed:
1 . Loft at Secondary Unit - Dressers and cabinetry will not be allowed to be built
into the area containing the mechanical flue vent. The wall must be framed
into the existing opening.
2. "Floors".will be constructed in the "Attic" space in the Master Bathroom so as
to have no more that 5' head room. This may entail the building a "drop
ceiling". An attic access is acceptable so that this area'could be used as
storage,
The above tasks will be completed prior to our request for a framing inspection.
Please let me know if I have omitted anything or if there aie any further requirements. Thanks
again for your time an{ help.
Manager
Ron Byrne
Chupa Nelson
APil ? 8 19S
IOt/.COil4tt/|, DEV, DEN
Proj
a 970-949-51 52 . rN 970-949-4379
Prlnted by lJauren Waterton 7 /96 12:05pn
Frornr Ho].].f' Mccutcl.eolr
IDo I Laur€ln Watcltongubj 6ct ' FLANNEF,Y '{/. TO't'-------/
===No{rE====_.!===-======2 /21 /96=r2 t O1
cc r TCxr .1dortread.....t..;-.Hi r-r|iuren !
As wit have dltcuEaedl todalt, we laave to cartlf:r tbe above - !€ferettced record
wl.th tbe coulC on ltarch a5 - tlere'a wbat rieeds to be 1lacarrde'l t
- Not1cea of a].]. publ1c proceedj-rrga t- iinutes, agendal, ralres of a].a aot|unasr1ott, depart'nont, aEency and
Drrbl.t.c Dro;eedl'nq6 ana ajay firrdtrt96 artd concl.ullorat luade t- if l docirrnenta el oi irlclrrallrlE aE I'I-l'cat1o.!s, m€dtoa, handwr lt t €rt taote. ' ,
baueprl-tltt , .tc .
In otlte! word! , ItE WAIYr IT ALl, ! ! !
IJaur€o, when ]tou tuve evelfttstlLrrg PuI l-ed togtetlter (or l.f ltou !!e3d tr'].I'pulllrri l.t r11 taqtethe!, ptease-catt me - ie'la tac.d bg Eo ttrlougb aEd
ia.oliE.-it-iir. -i;a it*e eo BLarE on cranscrlDtlotra eoday, ao 1f you could
put!- thoae trP€! for me I'11 colme over altd Eet th€m. T-lae looner Yt' gfet
ltartedl, ttre bett€r off werll be!
THANKS I
Page: 1
PUBLIC NOTICE
t
NOTICE lS HEREBY GIVEN that the Design Review Board of the Town of Vail will hold a public hearing
on June 7, 1995,2:00p.m. in the Town of Vail Municipal Building.
Red Sandstone Elementary School - Retaining Walls and playground equipment.
551 North Frontage Road/Red Sandstone Elementary School.
Applicant: Ann Marie Sanders, Principalfor RSES
Schmidt - New Secondary residence and 250 addition to primary unit
1410 Buffehr Creek Road/Lot 6, Lions Ridge Filing #2
Applicant: Leroy Schmidt
Weststar Bank - Sign Application.
108 S. Frontage Road WesULot 2, A resubdivision of Part of Lot D, VailVillage 2nd Filing
Applicant: Beth Golde, Vice President
Weststar Bank - Sign Application.
2111 N- Frontage Road, Vail Das Schone 3rd Filing
Applicant: Beth Golde, Vice President
Weststar Bank - Sign Application.
302 Hanson Ranch Road, Lot l, Block 5A, VailVillage St. Filing
Applicant: Beth Golde, Vice President
M. BeE - 250 GRFA loft expansion..
610 Wesl Lionshead Circle, Unit 701/Landmark Condominiums.
Applicant: M. Betz
Golden Peak House - Modifications to approved plans.
278 Hanson Ranch Road/Golden Peak House.
Applicant: GPH Partners
Pitcher - Gonceptual Review of secondary unit.
1555 Aspen Ridge.Road/Lot 3, Block 4, Lionsridge Filing #3.
Applicarn: Thomas Pitcher
VailValby Foundation - Ford Amphitheater fence.
540 Vall Valley Drive/Gerald R. Ford Amphitheater.
Applicant: John Garnsey for Vail Valley Foundation
O'Neill - New Primary/Secondary Residence.
1385 Westhaven Drive/Lot 51, Glen Lyon Subdivision.Applicart Patricia O'Neill
VailVaby Consolidated Water District - Water pump station at Dowd Junction. (Courtesy hf Review)
Applicant: VailValleyConsolidatedWaterDistrict
Ballestems - Landscaping and trash enclosure
950 Fairway CourULot 6, VailVillage 'lOth Filing.
Applicant: Steven Buccino for Jorge Ballesteros
F:\e'veryone\*bholice060795
- Final Review of Two Single-Family Residences
,, .1v8 Alpine DriveAots 11l12,Yail Village West St.. Filing
i cant: Sally Brainerd
\/ Byrne - conceptual review of a new primary/secondary with an EHU:'t( ':e Forest Road/Lot 5, Block 1 VailVillage St. Filing
; Hackman - Conceptual review of a new single family residence
i ZgOl Snowberry Drive/Lot 9, Block 9, Vail Intermountain
/ Applicant: Patricia and David Hackman
Hovey - Conceptual review of a new single family residence
1339 Westhaven Circle/Lot 23, Glen Lyon Subdivision
fuplicant Charles and NancY HoveY
HitVMetrler - New Duplex residence
1717 Geneva DriveAot 8A, Matterhorn Village Subdivision
Applicant: Dennis & Debbie Mehler and Gridget & Farrow Hitt
Vail International - re-roof approximately 1/3 of roof area.
300 E. Lionshead Circle/Lot 4, Vail Lionshead 2nd Filing
Applicant: Snowden Smith for Vail lnternational Condo. Association
Cunnirpham - Final review of new duplex
1319 Greenhill CourULot 24, Glen Lyon Subdivision
Applicant: Barry Cunningham
Mont De Neige Holdings (Jessops Residence) - change to approved plans
3025 Booth Falls RoadiLot 14, Block 1, Vail Village 13th Filing
Applicant: Galen Aasland for Tony Jessop
Lot 1O - Conceptual review of site plan only
1722@neva Drive/Lot 10, Matterhorn Village
Applicant: Rick Rosen
Wimer - 250 GRFA application
(2850) 2860 W Aspen Lane/Lot 17, Unit B, Vail Village 11th Filing
Applicant: Franklin and Joyce Wimer
Connely - New Roof
4238 ltrgget Lane/Lot 5, Bighorn Estates.
Applicant: Mike Gonnelly
Lot 20" Glacier Coun - Final Review of P/S
1824 Glacier Court i Lot 20, Block 2, Lionsridge 3rd Filing
Applicart: Pat Dauphinais
Marrid Vail Resort - Repaint of Building
715 W- Lionshead Gircle/Lots 4,7,C & D, Block 1, Lionshead
Applicant: Argyle Read
F:leveryonddrb\notice\06o795
Riley - New Single Family
+475Glen Falls Lane/Lot 7, Forest Glen
..,-... Applicant: Ron Ritey
Pease/Glazov - Landscape and Driveway Renovation
454 Aeevet Dam Rd. and 454 Forest Rd./ Lot 5, Block 2, Vail Village 3rd Filing.Applicant Burton Glazov and David Pease
Ft3lreryor|gurblrFdoe\00qt95
_t-
DESIGN REVIEW BOARD AGEIIDA
Wednesday, May 17, 1995
3:00 P.]V.
PROJECT ORIENTATION
SITE VISITS
l. Crossroads - 143 E. Meadow Drive
2. Itrovey - 1339 Westhaven Circle
3. Cunninghzn - l3l9 Greenhill Court
4. Hitt/]vlehler - l7l7 Geneva Drive
5. Rosen- lT22GenevaDive
6. Haclrran - 2801 Snowberry Drive
7. Schmidt - l4l0 Buffehr Creek Road
8. flauphinais - 1824 Glacier Court
9. Villa Cortina - 22 West Meadow Drive
Xl0. Byrne - 126 Forest Road
11. Gartons - I43E.MeadowDrive
12. Johnson - 375 Mill Creek Circle
Drivers: George & Lauren
11:00 AM
l:00 PM
1. Town of Vail - Pulis Bridge LW
South Frontage Road and VailValley Dr.
Applicant: Town ot Vail
MOTION: Brainerd SECOND: Moffet VOTE:4-O
Approved with Gonditions
2. Trevina L.P. - Repaint Crossroads Center (Both buildings) RS
143 E. Meadow Drive/Lot P. Block 5D, Vail Village lst Filing
Applicant Steve Stafford for Crossroads Condo & Commercial Assoc
MOTION:. Brainerd SECOND: Woldrich VOTE:4-0
Approved
3. Gartons Corral and Sign applications RS
143 E. Meadow DrivelLot P, Block 5D, Vail Village lst Filing
Applicant Dave Garton/Garton's Bar & Grill
MOTION: Brainerd SECOND: Moffet VOTE: 3-1 (Woldrich dissenting)
Corral- Approved Signs- Approved with Conditions
O LW4.
RS
LW9.
Haagen Dazs - Sli;n Application
141 East Meadow Drive/Crossroads
Applicant: Rbk Almas
MOTION: Brainerd SECOND: Woldrich
Gonsent APProved
Cunningham - new Primary/Secondary Residence
1319 Greenhill C-ortll-ot24, Glen Lyon Subdivision
Applicant Barry Cunningbm
MOTION: Brainerd SECOND: Woldrich VOTE:4-0
Tabled toGl17l95
Villa Cortina Trash Enclosure
22 West Meadow Drive/Lot H, VailVillage 2nd
Applicant: FliJ< Haltman
MOTION: Brainerd SECOND: Woldrich
Approved with Conditlons
Hilb - Change to approved Plans
4040 North Frontage Road/Lot 3, Pit<in Creek Townhomes
Applicant: Dave Hilb
MOTION: Brainerd SECOND: Woldrich
Gonsent Approved- One Condition
Johnson Residence - change to previously approved plans
375 Mill Creek Circle/Lot 17, Block 1, Vail Village 1st Filing
Applicant: Pierce, Segerberg representing the owners
MOTION: Brainerd SEGOND: Woldrich VOTE:4-0
Gonsent Approved- One Condition
Schmidt - Conceptual review of new secondary unit and addition to
primary unit using an additional250 sq.ft. GRFA allotment
141 0 Buffehr Creek Road/Lot G1 , Lionsridge Filing #2
Applicant: Leroy Schmidt
MOTION: SECOND: VOTE:
- No Vote- Conoeptual
Byrne - conceptual review of a new primary/secondary with an EHU
126 Forest Roadllot 5, Block 7, VailVillage 'lst Filing
Applicant: Ron ByrneMOTION: SECOND:
6.
7.
8.
VOTE:4-0
VOTE:4-0
VOTE:4-0
GR
GR
GR
{'o'
No Vota Conceptual
VOTE:
LW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Design Review Board of the Town of Vail will hold a public
hearing on May 17, 1995 at 3:00 p.m. in the Town of Vail Municipal BuiHing.
Dauphinais-Moseley - New P/S residence at Lot 20, 1824 Glacier Ct. GR
1824 Glacier CourUlot 20, Block 2, Lionsridge Filing #3
Applicant: Pat Dauphinais
Hovey - Conceptual review of a New Single family residence LW
1339 Westhave Circle/Lot 23, Glen Lyon
Applicant: Charles and Nancy Hovey
Schmidt - Conceptual review of new secondary unit and addition t0 LW
primary unit using an additional250 sq.ft. GRFA
1410 Buffehr Creek Road/Lot G1, Lionsridge Filing #2
Applicant: Leroy Schmidt by Eric Johnson
Hackman - Conceptual review of a new single family residence LW
2801 Snowberry Drive/Lot 9, Block 9, Vail Intermountain
Applicant: Patricia and David Hackman
Johnson Residence - change to previously approved plans GR
375 Mill Creek Circle/Lot 17, Block 1, Vail Village 1st Filing
Applicant: Pierce, Segerberg
HitUMehler - Conceptual review of a new primary/secondary residence LW
1717 Geneva Drive/Lot 8A, Matterhorn Village SuMivision
Applicant: Dennis & Debbie Mehler and Gridget & Farrow Hitt
Coldstream Condominiums - Paint & move existing sign and redo entryway RS
1 476 Westhaven Drive/Coldstream Condominiums
Applicant: ColstreamCondominiumAssociation
Rosen - Conceptual review of a proposed primary/secondary residence GR
Lot 10, Matterhorn Village
Applicant: Rick Rosen
Ganter - Addition and deck, stairs, hot tub JC
2427 W. Chamonix, #1lLolz2, Block A, Vail Das Schone Filing #1
Applicant: Judy Ganter
Villa Cortina Trash Enclosure GR
22 West meadow Drive/Lot H, VailVillage 2nd
Applicant: Rick Haltman
Byrne - conceptual review of a new primary/secondary residence with a Type ll EHU LW
Lot 5, Block 7, Vail Village 1st, 126 Forest Road
Applicant: Ron Byrne
v
t
Haagen Dazs - Sign Application LW
i 14i East trleaOow Drive/Crossroads Shopping Center - West Building
npplicant: Rick Almas
Town of Vail - Pulis Bridge LW
Soufr Frontage Road and VailValley Dr'
Applicant: Town of Vail
The applications and information about the proposals are available in the zoning administrato/s
office d'uring regular office hours for public inspection'
TOWN OF VAIL
COMMUNITY DEVELOPMENT
Publlshed in the VailTrail on May 12' 1995'
o
r
. PLANNING AND ENVIRONMENTAL COMMISSION
May8,1995
AGENDA
Prolect ffentation/Lunch ll{Xt a-m.
Discussion of Conditional Use Approvals
Tom Moorhead and Mike Mollica
Site Visits 12:30 p.m.
1. West Vail Mall2. Ford Park - Alpine Garden3. 1278 VailValley Drive - Golf Course Maintenance Facility4. 5194 Main Gore Drive South, Henault
Drivers: Randy and George
Public tFarlng 2:fl) p.m.
1 . A r€quest to amend the Vail Land Use Plan for 16 properties throughout the Tovttn of Vail.
Fifreen properties are proposed to be changed from their current designation to op€n space
ard one property would be changed to the public/ semi-public designation. See Attachment 1
for legal descriptions.
Applicant: Town of Vail
Planners: Jim Curnutte and Russell Fonest
2. A request for a zone change from Natural Area Preservation District to General Use District
to allow for a renovation to the Vail Recreation District office, located aI1278 Vail Valley
Drive/Parcel E, VailVillage 7th Filing.
AFplicant: VailRecreationDistrictPtanner: Russell Forrest
A request for a conditional use to allow for a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing.
Aplicant: Ron ByrnePlanner: Lauren Waterton
4. A request for a front setback variance to allotlv for a second story addition bcated at 5194
lvtdn Gore Dfve Souttr/Lot 16, VailMeadows First Filing.
@licant: Philip HenaultPlryrner: Randy Stouder
5. A !€quest for a conditional use permit to allow an outdoor dining deck to be located adjacent
to tre Garton's Saloon located at 14:l East Meadow Drive/Lot P, Block 5D, Vail Village lst
Fthg.
Anilcant: Dave GarlonPlsrner: Randy Stouder
6. A request for a conditional use permit to allow for exterior seating at the West Vail Mall
lmted al2151 Norlh Frontage Road/Lot 2A, Vail Das Schone, Third Filing.
Applicant: WestVailMallCorporationPlanner: RandySlouder
7. A request for a work sesslon for an amendment to the Ford Paft Master Plan to allow for an
epansion to the Betty Ford Alpine Gaden located at 'l8!] Gore Creek Drive/
An unplatled parcelof land localed in the NE 1/4 Seclion 8, Township 5 South, Range 80
West of the Sixth Pdncipal Meridian, Town of Vail, Eagle County, Colorado, described as
folows:
Beginning at the southwesterly corner of a parcel ol land knows as the Ford Amphilheater Parcel, whence the
northeast corner ol The Wren, A condominium Projed, according to the map thereof recorded in the otfice of the
Eagle County, Colorado, Cle* and RecordeG bears N36'08'15'W 1165.76 feet;lhence N54'05'59"W 71.45
feet thence 268.84 feet along lhe arc of a non tangent qrrve lo the left, having a radius of 164.91 teet, a canlral
angle of 99'24'19" and a chord that b€ars N02'38'17rW 240.04 feet;thence N67"15'14"E 16.98 feet; thence
N07"23'1/E 38.63 feet; lhence N19'24'25"E 87.07 feet; $ence 578'3708"E 227.90 feel; thence S87',|838"E
47.25 feet to the northerly angle point of said Ford Amphilheator Parcel thence the lollowing four ceurses along
the northweslerly lin€ ot said Ford Amphithearer Parcel: l) S78"13'55"W 65.50 feet;2) S46'25?7"W 144.61
le€t 3) S19"i 1'18"W 112.31 feel; 4) Sl8'18'56"W 150.85 feel to the Pint ot Beginning, containing 1.019 acres,
more or less.
Applicanl: Betty Ford Alpine Gardens represenled by Helen FritchPlanner: George Rulher
8. A request for a work session for a conditional use permit to allow for an outdoor dining deck
at the Daily Grind Coffee Company located at 288 Bridge StreevLot B, Block 5H, Vail Village
1st Filing.
Applicant: The Daily Grind Coffee CompanyPlanner: George Ruther
L A request for a parking variance and conditional use permit to allow for a temporary building
to house a laboratory for the Vail Valley Medical Center, located at 181 West Meadow
Drive/Lots E & F, VailVillage Second Filing.
Applicant: Vail Valley MedicalCenler represented by Dan FeeneyPlanner: RandyStouder
TABLED INDEFINTTELY
L Approval of the April24, 1995 PEG meeting minutes.
10. Selection of a PEC Ghairman.
11. Selec{ion of a PEC VicE-Chairman.
12. Selection of a PEC member lo the Housing Authority Board
13. Selestion of a PEC member to the Art in Public Places Board.
f bvEryone\pec\agendauso8gs
o
]IIEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development DepartTent
.DATE: May8,1995
SUBJECT: A request for a conditional use permit to allow for a Type ll employee housing unit
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron Byrne. Planner: Lauren Waterton
I. DESCRIPT|ON OFTHE PROPOSED USE
In September and December of 1 992, the Town Council passed Ordinances I and 27, Series of
1992, to create a new Chapter 18.57 - Employee Housing, to provide for the addition of
Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts
within the Town of Vail. The definition in that ordinance statesl
Section 18.04.105
"Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be
leased or rented for any period less than thirty (30) consecutive days, and shall be
rented only to tenants who are full-time employees of Eagle Gounty. EHUs shall
be allowed in certain zone districts as set forth in Chapter 18 of this Code.
Development standards for EHUs shall be as provided in Chapter 18.57 -
Employee Housing. For the purposes of this Section, a full-time employee shall
mean a person who works a minimum 0f an average of thirty (30) hours per week.
There shall be five (5) categories of EHUs: Type I, Type ll, Type lll, Type lV, and
Type V. Provisions relating to each type of EHU are set forth in Chapter 18.57 -
Employee Housing of this Code.'
In this proposal, the applicant is proposing to construct a Type ll employee housing unit on a
portion of the second level of a new primary/secondary residence. The employee housing unit
will be approximately 450 square feet in size and will include one bedroom, one bathroom and a
kitchen/living area. One enclosed parking space will also be provided for the EHU.
As described in more detail later in this memorandum, the applicant is proposing to utilize two
"250 additions" in conjunction with the development of the employee housing unit.
, It. ZONING ANALYSIS
A$owed/Required oer P/S zoning Proposed Development
Site Area: 0.3611 acre or 15,730 sq. ft. Same
Height 33 feet 33leet
.GRFA 5,173 sq. ft. 5,117 sq. ft.
'*Site Coverage 2360 sq. ft., or 157" 2,325 sq. ll., or 14.80/"
Landscaping 9,zltt8 sq. ft., or 600/o min. 1 1,658 sq. ft., or 74.'1"/o
Parking Trequired Tproposed
Setbacks:Front: 2g 20-5',
Side: 15' 34'- west
Side: 15' 34'- eastRear: 15' 3:l'
'This figure includes two 42s-square foot credits plus two 2s0-square foot allowances for the
EHU.
**Since the area beneath this house and parking area exceeds a 30% slope, the slte coverage
allowance is reduced lrom 20o/o to 15%. Additionally, no more than 10% of the total site area
(1,573 square feet) may be covered by driveways and surface parking.
III. GBITERIAANDFINDINGS
Upon review of Section 18.60 - Conditional Use Permits, the Community Development
Department recommends approval of the conditional use permit based upon the following
factors:
A. Consideration of Factors:
Before acting on a conditional use permit application, the Planning and Environmental
Commlssion shall consider the factors with respect to the proposed use:
1. Relationship and imoact of the use on the development objectives of the
Torn.
\Mren the Town Council adopted the Town of Vail Atfordable Housing
study on November 20, 1990, it recognized the need to increase the
srpply of housing. The Town encoulages EHUs as a means of providing
quality living conditions and expanding the supply of employee housing for
bofi year-round and seasonal local residents. The proposed unit will have
aFsitive impact on the Town's housing needs.
2. Tb effect of the use on light and air. distribution of population.
trilrsportation facilities. utilities. schools. parks and recreation facilities.
ard olher public lacilities needs.
$df believes that there will be little impact from the proposed Type ll EHU
oe light, air, population, transportation, utilities, schools or parks.
3. EFct upon traffic with particular reference to congestion. automotive and
rsreuverability. and removal of snow from the street and parking areas.
ttis likely that there would be one additional vehicle associated with this
residence. Statf feels that this would be an insignificant impact on the
above-referenced criteria.
4. Elect upon the character of the area in which the proposed use is to be
lmted. including the scale and bulk of the proposed use in relation to
srrounding uses.
Tbe scale and bulk of the existing structure is very similar to those in
eristence in the surrounding neighborhood. Since the proposed employee
fursing unit will be located within the building, it would not appear to have
anegative etfect on the scale and bulk of the residence in relation to
srrrounding uses.
5. Bnoloyee Housing Units may be allowed as a conditional use in those
zr|e districts as specified by Title 'tB of the Vail Municipal Code for
Odinance No. 27. Series of 1992. Emoloyee Housing and shall be subiect
to lfi e following conditions :
a- lt shall be a conditional use in the Single-Family Residential. Two-
Family Residential and Primary/Secondary Residential zone
districts.
The subject property is zoned Primary/Secondary Residential.
b, lt shall be permitted only on lots which comoly with minimum lot
size requirements of the zone district in which the lot is located.
At 15,730 square feet in size, the lot meets the minimum lot size
requirements in the Primary/Secondary zone district.
c- ltshall be locAted within. or attached to. a single-family dwelling or
be located within. or attached to. a two-family dwelling pursuant to
Sectlon 18.54.050(1) - Design Guidelines Duplex and
Ffimary/Secondary Development. lt may also be located in. or
3
d.
attmhed to. an existing garage provided the garage is not located
wlffin any setback. and further provided that no existing parking
recFdired bv the Town of Vail Municipal Code is reduced or
eliEfinated.
Tte proposed Type ll EHU willbe located within the
priurary/secondary residence.
Itfiall not be counted as a dwelling unit for the purposes of
c&rlating density. However. it shall contain kitchen facilities and
a bEthroom. as defined in Chapter 18.04 - Definitions ot the
Minicipal Code. lt shall be permitted to be a third dwelling unit in
a,'Efition to the two dwellino units which may already exist on the
lot" Onlv one Type ll EHU shallbe allowed per lot.
Tte proposed EHU will be a third dwelling unit on the site. lt
mtains a full kitchen and full bathroom facilities.
Itrdlall have a GRFA not less than three hundred (300) square
fed. nor more than nine hundred (900) Euare feet. An applicant.
lwever. shall be permitted to apply to the Community
Derrelooment Department of the Town of Vail tor additional GRFA
nrtto exceed five hundred (500) square feet to be used in the
cf,Ftruction of the EHU. The applicant shall submit an application
frlhe additional GRFA on a form provided by the Community
Dselooment Department. Approval or denial of the request shall
be made by the Design Review Board in accordance with Section
1&,31.040. lf an aoplicant obtains Design Review Board approval
fc 500 square feet of additional GRFA for the EHU. he or she shall
nfr be entitled to receive additional GRFA pursuant to Chapter
1&71 - AdditionalGross Residential Floor Area of this Code for
eitrer unit on the lot. lf an applicant obtains Design Review Board
aflwoval for not more than 250 square feet of additional GRFA for
tle EHU. he or she shall be entitled to receive additional GRFA
otrsuant to Chapter 18.71 - Additional Gross Residential Floor
Area of this code for one dwelling unit on the lot.
Ttp EHU is 450 square feet in size. The applicant has submitted
anapplication for 500 square feet of additional GRFA utilizing the
prcision which allows for the use of 250's "up front'when creating
a r-w Type ll EHU. No additional 250's will be allowed on this
pfeerty in the future.
It strall have no more than two bedrooms.
Tlr proposed Type ll EHU includes one bedroom and therefore
cooplies with this criteria.
e.
t.
4
o
Nor.more than two (2) adults and one {1) child not older than
silfreen (16) years of age shallreside in a one (11 bedroom Type ll
EFtn . No more than two {2) adults and two (2) children not older
tfiaEr sixteen (16) years of age shall reside in a two (2) bedroom
Ttpe llEHU.
Sfirce this unit is a one (1) bedroom Type ll EHU, the tirst part of
tle above listed regulation will be complied with.
Earh Type ll EHU shallbe required to have no less than one (1)
oaiking space for each bedroom located therein. However. if a one
(t*'bedroom Type ll EHU exceeds six hundred (600) Euare feet. it
shdl have two (2) parking spaces. All parking spaces required by
tlE Code shall be located on the same lot or slte as the EHU- lf
nerdwelling exists uoon the property which is proposed for a Type
ll EHU at the time a buildino oermit is issued. or if an existing
tulling is to be demolished and replaced by a new dwelling. not
less than one (1) of the parkino soaces required by this paraoraph
#ll be enclosed. A 300 sguare feet GRFA credit shall be allowed
ftrthe construction of one enclosed parking space for the Type ll
ET{,J.
Sirce no dwelling units currently exist on the property, the
applicant must provide one enclosed parking space for the
pposed EHU.
B. Findings:
The Planning ard Environmental Commission shall make the following findings
before granting aconditional use permit for an Employee Flousing Unit:
1. That the poposed location of the use is in accord with the purposes of this
Ordinance and the purposes of the disrict in which the site is located.
2. That the goposed location of the use and the conditions under which it
would be qperated or maintained would not be detrimental to the public
health, saFty, or welfare or materially injurious to properties or
improvemstts in the vicinity.
3. That the poposed use would comply with each of the applicable
provisions of Title 18 of the Vail Municipal Code.
IV. STAFF RECOMMENDATX)N
The Community Development Department statf recommends approval of this application for a
Type ll Employee Housing Unit- Staff believes that he review criteria have been met as
discussed in the memo. Regardng the findings, staff believes that finding 81 is met as the
proposed use is in accordance with the purposes of the zoning ordinance as well as the zone
district. Finding 82 is met, in sds opinion, as the proposed use is not detrimentalto public
g.
h.
. health, safety or welfare. Finding 83 is met, in staffs opinion, as the proposalcomplies with all of
the standards of the zoning code. Staff recommends approval of the request with the following
condition:
1) Prior to the issuance of a building permit for the proposed structure, the applicant
shall sign a deed restriction using the form provided by the Town of Vail. This
document will be recorded at lhe Eagle Gounty Clerk and Recorder's Otfice and
will require that the employee houging unit be permanently restricted for employee
housing.
Please note that under Section 18.60.080 of the Town of Vail Municipal Code, the approval of a
conditional use permit shall lapse and become void if a building permit is not obtained and
construction not commenced and diligently pursued toward completion, or the use for which the
approval has been granted has not commenced within two years from when the approval
becomes final.
l:evsryon€Sec\rnemo6\byme.508
il iL i LiJr
PLANNING AND ENVIRONMENTAL COMMISSION
May 8, 1995
MINUTES
MEMBERS PRESENT MEMBERSABSENT STAFFPRESENT:
Bob Armour Mike Mollica
Henry Pran Kevin Dephan Jim Curnutte
Jeff Bowen Russell Forrest
Greg Moffett Lauren Walerlon
Dalton Williams RandY Slouder
Greg Amsden George Ruther
Lori Aker
The meeling was called to order at 1:50 PM.
1. A request lo amend the Vail Land Use Plan for 16 properties throughout fhe Town of Vail.
Fifleen properties are proposed lo be changed from their current designalion 10 open space
and one property would be changed to fie public/ semi-public designation. See Attachment 1
for legal descriptions.
Applicanl: Town of Vail
Planners: Jim Curnutle and Russell Forrest
Jim Curnutte and Russ Forresl macte a presenlalion of fhe proposed Land Use Plan changes' Bob
Armour slated that Staff has done an excellent job on lhis project and the PEC is lully in support of
lhe applicalion.
Public lnput. Ken Wilson asked why Tract B in Potato Patch was not on the lisl. Russ Forrest
indicated it is because VA has noi consenled to changing the Land Use Plan designalion of this
parcel at lhis time.
Jeff Bowen made a motion to amend the Vail Land Use Plan for 16 properties throughout the Town of
Vail be approved, second by Greg Amsden, passed unanimously, by a vole of 6-0.
2. A requesl for a zone change from Natural Area Preservalion Dislrict to General Use Dislricl
to allow for a renovalion lo the Vail Recreation Districl otfice, located al1278 Vail Valley
Drive/Parcel E, VailVillage 7th Filing.
Applicant: VailRecreationDistrict
Planner: . Russell Forrest
Bob Armour removed himsell from this discussion as he is employed out ol this building. Greg
Amsden acted as chairman for this item. Russell Forrest reviertred this project with the Board. Ernie
Bender from lhe VRD was present. Russell wants to focus on the criteria for a zoning change and
reviewed the four points in his memo. Slaff does recommend approval of this request.
Public Input. Emie Bender staled their exisling cart washing syslem uses 400 gallohs of water per
day. The new proposed waler recycle system would use 500 gallons of waler lor the entire season.
Cnris Kemp wlio is building a home near the site will jointly do landscaping around this project. Greg
Moffet asked how the VRD felt about supplying employee housing. Ernie Bender said they EUe nol
F:brrtonc$cc\minur.t050895
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involved with employee housing at this lime, bul feels it's a separate issue. Dalton Wlliams feels the
VRD should be concerned wilh employee housing and noted that lhs PEC should be requiring this in
the future.
Jeff Bovren made a motion for a zone change from Natural Area Preservation Dislrictto General Use
District be approved, second by Dalton Williams, passed unanimously by a vote of 5-0-1 , with Bob
Armour abstaining.
3. A request for a conditional use lo allow for a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, VailVillage 'lst Filing.
Applicant: Ron ByrnePlanner: Lauren Waterlon
Lauren Walerton reviewed this issue with the Board and slaff is recommending approval. Bill
Reslock, the architect, was presenl. Bill Reslock and Jay Pelerson presented the model and
drawings for this property.
Gregg lfoffet abstained from lhis item.
Lauren Walerton explained lhere are 5 indoor parking spaces, and 3 outdoor parking spaces. The
Board wants the employee housing unit residents to park indoors.
Jetf Bowen made a molion for a conditional use permit 1o allow for a Type ll Employee Housing Unil
(EHU) be approved, second by Dalton, passed unanimously, by a vole of 5-0-1 , with Greg Motfet
abstaining.
4, A request lor a front setback variance lo allow for a second slory addition located at 51 94
Main Gore Drive South/Lot 16, Vail Meadows Firsl Filing.
Applicanr: Philip HenaultPlanner: Randy Stouder
Harry Gray was present representing the applicanl. Randy Stouder reviewed the projecl with the
Board. $taff finds the exisling slructure and the sleep sile warrants the approval of the setback
variance.
Bob Armqrr asked for public input. There was none. The Board members had no further questions
or concems regarding this project.
Dallon \Aftriams made a molion to approve a front selback variance for a second story addition per
the staff trr€mo, with the condition lhat the driveway be paved. The motion was secpnded by Jeff
Bowen ar,d passed unanimously, by a vote of 6-0.
5. Arequest for a conditional use permil lo allow an ouldoor dining deck to be located adjacent
tothe Garton's Saloon localed at 14:| East Meadow Drive/Lot P, Block 5D, Vail Village 1st. Ftng
@licant: Dave GartonPhnner: Randy Slouder
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7. A request for a worksession for an amendmenl to the Ford Park Master Plan to allow for an
expansion to the Betty Ford Alpine Garden located at 183 Gore Creek Drive/
Anunplatted parcel of land located in the NE 1/4 Section 8, Township 5 South, Range 80
WEst of lhe Sixh Principal Meridian, Town of Vail, Eagle Counly, Colorado, described as
fohws:
Begfinning at the southweslerly corner of a parcel ol land knows as the Ford Amphilhealer Parcel, whence the
nor*reasl corner ol The Wren, A condominium Proiecl, according 10 the map thereol recorded in the otfice of the
Eagle County, Colorado, Clerk and Recorder, bears N36'08'15"W 1165.76 feel: thence N54'05'59"W 71.45
fe4 lhence 268.84 feet along lhe arc ol e non langent curve 1o lhe lefi, having a radius of 164.91 fget, a cenfal
ar€te of 93.2419" and a chord thal bears N02'38'17"W 240.04 feel; thence N67'15'14"E 16.98 feel:lhence
N0r23'1fE 38.63 teer: rhence N19'24'25"E 87.07 leet;lhence S78"37'08"E 227.90 feet;lhence S87'€38"E
4725 feel 10 the norlherly angle point ot said Ford Amphitheater Parcel thence the following lour courses algng
the nonhwesterly line ot said Ford Amphithealer Parcel: l) s78'13'55"W65.50fee1;2) S46'25',47"W 144.61
tees 3) s19"11'18"W 112.31 feet; 4) S18.18'56'W 150.85 feet lo lhe Pinl of Beginning, conlaining 1.019 acres,
mor€ or less.
Applicant: Betty Ford Alpine Gardens represenled by Helen Frilch
Plarnner: George Buther
Bob Armour reminded all that this is a work session.
George Ruther reviewed the request with the Board. The education center would be the final phase
10 lhe gar@ns.
Bob Armour asked if an office is appropriate for this space and Mike Mollica redirected this queslion
to the PEG- Sammye Meadows said lhe operalion will be year-round. There is demand for winler
use for peqle who do not wanl 1o ski. Helen Fritch said the current plans include a 400 sq. ft. office
which wouh be year-round. However, if the project needs to expand, the office would probably be
relocated lo allow for educalion expansion.
Mike Mollkx stated there is not a specific category for the parking space requirements except for lhe
office space and retail.
George Rulher wants lo discuss with the PEC and the applicant the following:
PARKING:
Helen Fritch said a comparable project would be the Vail Library. Sammye Meadows said lhere
would be 5 parking spaces in lront ol the amphithealer for handicap use, However they are now
requesting only 3 spaces. The Manor Vail has agreed to donate 2 year-round parking spaces to lhe
gardens. Greg Motfet wants information on the programs the gardens would be running. Sammye
Meadows said they will be offering science, gardening and environmenlal programs in the summer
and winterwith school chiHren. Greg Moffet feels this will create parking congestion. Possibly
Manor Vail can offer more parking during the day time hours. Sammye Meadows thought they
needed orly to provide parking for staff and not the visitor parking. Mike Mollica said Staff had
provided guidance on parking for oflice as well as retail. Visitor parking is a tough item to grasp.
.lrlarty Jorres slaled the gardens usage is primarily during the day time hours wilh the visilors
traveling on lhe bus or foot paths for summer lime usage. Winler usage would be minimal from non
skiers who would have bus access. School groups would be visiting in spring and fall by bus.
Todd Oppenheimer slated all the land available for parking in Ford Park has already been developed
into parkirg. Trying to develop parking in the lower bench contradicts the goals of reducing access lo
F;t1'cryoDcvac\riDutlc\050895
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Bob Armour wants the road 1o remain a bikeArvalking path. He would like to see something between
the lennis courls.
Marty Jones said the amphilheater brings semis down to the lower bench several times a week. The
Gardens would require a van once in awhile for some equipment delivery. The PEC is more
concerned with winter maintenance of the road and creating a designated drop-off al the lower
VISUAL IMPACT
George Fluther said keep in mind lighting, signage and how lhe building fits into the land.
The appficanl presented the model. Most of the building is underground with the gardens over the
lop. The primary function of the building would be education. Visual impacl of the building is
minimal.
Bob Armour likes the building as presented. lt blends very well-
Jeff Bowen and Dahon Williams feel this is a greal building. Henry Pratt said the applicant did a
wondertuljob wilh the design and the impact is minimal. Greg Amsden and Greg Motfet like the
design.
USES
George Rulher said the applicant is proposing office, relail and educational uses in the building.
Greg Moffet is exciled about the uses. He would like the office to stay as limiled as possible. Greg
Amsden wants the otfice minimized and allow for no expansion of the office or retail. Henry Pratt and
Dallon Williams, Jeff Bowen and Bob Armour all want office and retail spaced restricted.
Sammye Meadows said the educational seclion of the building would be over hall the cost. The retail
space would be an extension ol the learning center.
AFFECT UPON OTHER USES CURRENTLY IN FORD PARK
George Rulher wants the applicant 1o address issues such as parking during softball or concert
limes. What will the hours of operalion be for lhe educalional center and does this conflicl wilh other
facililies? What are the conflicts on the maintenance road?
Henry Pratt feels the building and uses are compatible. Jeff Bowen, Greg Amsden and Greg Moffet
all agreed this is'a suitable use for Ford Pafi. Bob Armour feels it blends nicely wilh the exisling
uses.
PROPOSED MASTER PLAN TEXT AMENDMENT
No concerns from the PEC board members on lhis issue.
OTHER ISSUES
Bob Arnnur stated the Fire Department and Public Works do have corrcerns with this project. Todd
Oppenheimer staled the Master Plan revision and the garden request should not go on
F:\arryone\p.c.,nilur€. O50t95
on lhe Sunglass Hut and wait until they have representalion. Concern he has is lhat this area is very
tight. Tolighten this area up further wilh more fencing is a concern. He has a concern with green
chairs ard the wfiite chairs. Suggests a fiberglass wood covered chairs and wrought iron tables.
Town has a plethora of Wal-Mart type chairs and tables and he feels that the Town has enough.
Would lke lo see wooden chairs or tables.
Henry asfied slaff il we had a standard for outdoor lables and chairs in the Village.
George stated that the slandard is lo have wrought iron and wood tables and chairs.
Greg Mdlet shared concern that fencing off would deter guests from sitting in this area. Also
concerned about fencing off this area and access lo lhe Sunglass Hut.
Greg Amsden lhought lhe material should be melal . Redkecling traffic flow wouts not necessarily
take away business. Greg liked lhis plan a lot better than the last proposal.
Pam Brandmeyer clarified that the Slate liquor law has been loosened. The concern she has is
ingress and egress otf and on the patio deck. lt will be difficult to see the entire deck, and she asked
that a fu[ time person be slationed out on the deck.
Fred Otto staled that th'e fence is 36" high.
Bob Arrnour added that lhis is a better plan, however, melal tables are preferred. He still has a
problem with the whole concept, slating Section 18.60.06 would not be detrimental to heallh, safely
and welfare, but would be injurious to properties in the vicinity.
Dalton had a question for Pam. lt fhey puf a person oul on lhe patio and they have to go inside.
When thb person is nol on lhe deck is it a violalion?
Pam said this is a unique situation. lt's a very small deck and how effective can they be in controlling
liquor flow on and off lhe deck.
Fred Otto said that there are two landlords involved.
Bob Armour stated there are differences in this conditional use permil in that liquor is involved.
Dalton asked about site @verage regarding open space around the building. What happens when
Senano's decides to put chairs out their patio.
George ril:anled 10 go on record lhat lhe applicant needs the trash dumpster proposal, malerials lisl
on lables, chairs and the like, lable sizes and number of proposed tables and chairs at least 15 days
prior lo the final hearing.
Henry asked to find out il there were any conditions on the original building approval regarding open
space or eommon area.
.Bob ArnFUr thanked everyone for their time.
Susan Connelly inviled the PEC members to meet and discuss any issues or items with her.
A molion to adjourn the meeting was made by Jeff Bowen. Greg Arnsden seconded and approval
F:EErpnc'9.cbrinut.r'O50895
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PLANNING AND ENVIRONMENTAL COMMISSION
APRTL 24, 1995
Mt]T'TES
MEMBERS ABSENT:
Dalton Wiliams
Greg Amsden
MEMBERS PRESENT:
Bob Armour
Henry Pratt
Jeff Bowen
Greg Moffet
Kevin Deighan
Public Hearing
STAFF PRESENT:
Jim Curnutte
Randy Stouder
Russell Forrest
Susan Connelly
Andy Knudtsen
Lori Aker
2:00 p.m.
1. A request for a minor suMivision to allow for the relocation of a bullding envelope,
located at 1139 Sandstone Drive/Lot 3, Block A, Lionsridge, Filing #l/lndian Creek
Townhomes.
Applicant; MichaelLauterbachPlanner: Jim Curnutte
Bob Armour called the meeting to order at 2:05 PM. Bob introduced and welcomed Susan
Connelly to her first PEC meeting.
Jim Curnutte presented the request and stated that Mike Lauterbach is here to answer questions.
Mike wants to change the original development plan in order to shift building envelope #3, three
feet to the east and add 1 additional foot ol width to the eastern side, thereby increasing the size
of the building envelope by 55 sq. ft., which has no etfect to GRFA. The staff has no problem
with proposal and are recommending approval. Jim indicated that a geologic hazard report
needs to be signed by the owner prior to the plat's completion.
Mike Lauterbach stated he has been caught off guard about signing the geological report.
Jim Curnune stated the acknowledgment is an atfidavit stating that the owner has read the
geofogic hazard report and understands it.
Mike Lauterbach stated the house is not located in a hazard zone; the driveway is in the nazafi
zone. He has problem signing this hazard report since the house is not in the hazard zone.
Jim Curnutte explained if any part ot the property (Lots A and A-2) is in the hazard zone, the
owner would be required to sign an affidavit. There is no diflerence between the building
envelope and the property.
Mike Lauterbach still feels he would be signing a report that would be incorrect, but he would
sign it.
Planning and Environmental Commissiol
Minutcs
April 24, 1995
I
Jim cumutte stated the building sites should be referred to as "building envelopes".
Jeff Bowen asked what exactly has Mike Lauterbach sold? Mike Lauterbach stated the whole
Lot #3.
Henry Pmtt said it sounds like Mike Lauterbach has sold the land as a separate lot. Mike
Lautdrbrch said fre Town ordinance does not allow for this property to be lots, but he felt they
should not be considered building envelopes.
Susan Connelly indicated that despite what the labels may be, these lots have not been created
under the Town process. They are not lots, they are building envelopes.
Jetf Bowen wondered if this item should be tabled untilthis process is complete.
Mike Lautefiach said there is no other step to be done. The TOV is saying these are not lots for
sale until a foundation has been built and a single family subdivision has been accomplished.
Jim Cumutte said the plat is being drawn up at the surveyor's oflice as building envelopes and
are not saleable lots.
Bob Armour stated that if Mike is comfortable with the plat map at the surveyors, then PEC can
proceed today.
Henry Pratt stated we are no longer moving a building envelope, we are moving a building lot
that has been sold.
Mike Lauterbach said the owner has agreed to sign-off on the new plat and has no problem with
this moving of the lot line.
Bob Armour questioned the geological report. Jim Curnutte stated again it is just a report tor
Mike to sign acknowledging that he has read the report, stating the lot is in a geologic hazard
zone. Mike Lauterbach indicated he has no problem signing this form, but disagrees with the
wording of the affidavit.
Andy Knudtsen indicated the affidavit has always been worded this way whenever any portion of
the site is in the hazard zone.
The chair asked for public input. There was no public input.
Bob Armour feels this problem of a "few feet errof is a too common an occurrence. But slnce
there is no gain to Mike Lauterbach by having this house moved, he would approve the reguest.
Bob wants to go on record that he is tired of seeing mistakes by excavators and feels building
surveys should be placed correctly in the first place.
Jefl Bowen moved to approve the request for a minor subdivision to allow for the relocation of a
building envelope, located at2239 Sandstone Drive/Lot 3, Block A, Lionsridge, Filing #l/lndian
Creek Townhomes with the two conditions in the staff memo, and a third condition that the owner
must sign the geologic hazard affidavit, second by Kevln Deighan, passed unanimously by a 5-0
Plaaning rnd Environmeotrl Commission
Mimres
Apil24,1995
2
vote.t A request for a conditional use to allow for a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron BymePlanner: Lauren Waterton
Lauren Waterton is absent. Jim Curnutte indicated Bill Reslock, the applicant's architect called
just a short time ago and asked that the item be tabled.
Jeff Bowen made a motion to table this item, second by Kevin Deighan, passed unanimously by
a 5-0 vote.
3. A request lor a minor exterior alteration ln the CCll zone district and a landscape varlance
to allow for the addition of a disability access ramp located at the Lifthouse Lodge/549
East Lionshead Circle/Lot 3, Block 1, Vail Lionshead First Filing.
Applicant: Robert LazierPlanner: Jim Curnutte
Jim Curnutte indicated Bob Lazier is here and is requesting a minor exterior alteration to
construct a disability access ramp. Jim reminded the PEC that any modification of an outdoor
dining deck requires PEC approval. This is a MINOR e)derior alteration; however, it is required to
come before the PEC. Jim exptained that Gaalan Asland, the architect, has looked at various
ways to fit this ramp into the deck and his solution appears to be the best for the situation. Staff
does endorse the ramp and staff recommends approval.
Gaalan Aasland stated they wish to start the project tomorrow. lt is in the Town's interest and
the business owners to have this ramp. The TOV actually owns the land where the ramp is
proposed to be located (half of Bart & Yetti's deck).
Ross Davis, representing Bart & Yetti's, questions whether ADA even applies in this case.
There are only two steps that come up to Bart & Yetti's and Pizza Bakery. These steps are half
on Bob Lazier's property and half on the TOV. He is in utter disbelief that raising the pavers on
the mall has not been considered. This would solve the problem with no encroachment on the
planters or decks. Precedence has already been set by the TOV by using pavers to eliminate
steps.
Bob Lazier would like to get approval on this solution, and then look at other possibilities. Bob
Armour appreciates what Ross is saying, but doubts Town Council would pay to have the pavers
raised and the mall regraded.
Ross Davis questioned that if you are not building new space, no ADA improvements are
required.
Bob Armour said he will research these points further.
Plaaniag and Eovir,omrcntal Colrmissioa
Minutcs
April24, 195
f
'., *'
PLANNING AND ENVIRONMENTAL COMMISSION
APRIL 24, 1995
AGENDA
Proiect Orlentation/Lu nch
Site Visits
1. Cascade Club2. Glen Lyon Otfice Building3. Lifthouse Lodge4. 126 Forest Road
Drivers: Randy and Jim
Publlc Hearing
12:00 p.m.
1:00 p.m.
2:00 p.m.
1. A request for a minor subdivision to allow for the relocation of a building envelope,
tocat6O at t 139 Sandstone Drive/Lot 3, Block A, Lionsridge, Filing #l/lndian Creek
Townhomes.
t'
Applicant: Mlchael LauterbachPlanner: Jim Curnutte
A request for a conditional use to allow tor a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron ByrnePlanner: Lauren Waterton
3. A request lor a minor exterior alteration in the CCll zone district and a landscape variance
to altow for the addition of a disability access ramp located at the Lifthouse Lodge/549
East Lionshead Circle/Lot 3, Block 1, Vail Lionshead First Filing.
Applicant: Robert LazierPlanner: Jim Curnutte
4. A request for a minor Special Development District amendment to allow for the
expahsion of the Cascade Club located in Area A of the Cascade Village SDD
(SDD#4/1 295 Wesfi aven Drive.
Applicant: L-O Westhaven, Inc. replesented by Skip Berhhorst
Planner: AndY Knudtsen
5. A request for a worksession for a major SDD amendment to allow for the expansion of
the Glen Lyon Offce Building located at 1000 South Frontage Road WesUArea #4, SDD
#4, Cascade Village.
Applicant: Glen Lyon PartnersPlanner: Rardy Stouder
6. A request for a work session for an amendment to the Vail Land Use Plan for 16
properties throughout the Town of Vail. Fifteen properties are proposed to be changed
from their current designation to open space and one property would be changed to the
public semi public designation. See the Attachment 1 for legal descriptions.
Applicant: Town of Vail
Planners: Jim Curnutte and Russell Forrest
7, A request for a parking variance and a conditional use permit to allow for a temporary
building to house a laboratory for the Vail Valley Medical Center, located at 181 West
, Meadow Drive/Lots E & F, VailVillage Second Filing.
Applicant; VailValley MedicalCenter, represented by Dan Feeney
Planner: Randy Stouder
TABLED TO MAY8, 1995.
8. A request for a conditional use to allow for an outdoor dining deck for the Daily Grind
located at 288 Bridge StreeVLot B, Block 5H, Vail Village lst Filing.
Applicant: The Daily Grind Coffee HousePlanner: George Ruther
TABLED INOEFINITELY.
9. Approval of PEC minutes from the April 10, 1995 meeting.
10. CouncilUpdate:
-The Ruins
-Village Center
tbveryonepec\agendas\042495.wpd
PLANNING AND ENVIRONMENTAL COII,IMISSION
April 10, 1995
MINUTES
FFL E ff$PY
MEMBERS PRESENT:
Greg Amsden
Bob Armour
Henry Pratt
Jeff Bowen
Kevin Deighan
Greg Moffet
Publlc Hearing
MEMBERS ABSENT:
Dalton Williams
I
SIAFF PRESENT:
Milte Mollica
Lauren Waterton
Jirn Curnutte
George Ruther
Lorelei Donaldson
t'
2:00 p.m.
The meeting was called to order by Greg Amsden at 2:00 p.m-
A request for a conditional use to allow for a Type ll Enrployee Housing Unit (EHU) to be
tocatbd at 126 Forest Road/Lot 5, Block 7, Vail Village lst Filing'
Applicant: Ron Byrne
Planner: Lauren Waterton
Greg Amsden stated that the applicant requested that this proposal be tabled to the next
meeting.
Jetf Bowen made a motion to table this proposal to the next meeting' subject to the length of the
next PEC meeting agenda. This proposal may, at the PEC's d-6cretion, be tabled to another
meeting at a later-da-te. Bob Armour'secondei the motion. The vote to table this item was
unanimously approved with a vote of 6-0.
2. A request for a rezoning from General Use District to Primary/Secondary Residential - . ..
District to allow for the development of a primary/secondary residence located at 967 Vail
Valley Driveffract C, VailVillage 7th Filing.
Applicant Pal Dauphinais for vail valley consolidated water District
Planner: Jim Curnutte
Jim curnutte presented the request to the PEC. Jim stated that the staff has the chronological
history of fhis property dating back to 1 932. There is a letter in the permanent files that shows
that ttie VailViltey C6nsotiOiteO Water District (VVCWD) asked the Town if they were interested
in purchasing this property. At that time, the Town was not interested in this piece of,Plg-qerry:
Th'e Vail Ftecreatioh Cjistrilt (VRD) can use the pumps located on the property, so WCWD will
give the pumps to the vRD.'statf feels that the appiicant's proposgl meets the criteria and
findings itateO in the memorandum and recommends approval of this request.
Greg Arnsden asked for public comment.
Ann Repetti, a neighbor, stated that she was ok with this proposalto change the 1oning to
primaryiecondary-and that it would lit well with the surrounding neighborhood' She stressed
Planning and Envitonmedal Conmbsion
April 10, 1995
Minulss
1
{
- NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vailwill hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the
Town of Vail on April 10, 1995, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
1. A request for a setback variance to allow for the construction of a freestanding garage to
be located al 4524 Meadow Drive/Timberf alls Condomin iums.
Appt'rcant: RichardVossler, TimberfallsCondominium Association
Planner: Randy Stouder
2. A request for a rezoning from General Use District to Primary/Secondary Residential
Disfid to allow for the development of a primary/secondary residence located at 967 Vail
Valley Drive/Tract C, Vail Village 7th Filing.
Applicant Pat Dauphinais for VailValley Consolidated Water District
Planner: Jim Curnutte
3. A request for a conditional use to allow for an ouldoor dining deck for the Daily Grind
located at 288 Bridge Streevlot B, Block 5H, VailVillage 1st Filing.
Applicant: The Daily Grind Coffee House
Planner: George Ruther
4. A request for a major SDD amendment to allow for an expansion to the Glen Lyon Office
Building located at 1000 South Frontage Road/Area #4, Special Development District #4,
Cascade Village.
Applicant: BillReslockPlanner: Randy Stoudel
THIS ITEM MAY EFFECTYOUR PROPERW
PUBLIC NOTICE
A request for a conditional use to allow for a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village lst Filing.
Applicant: Ron Byrne
Planner: Lauren Waterton/Jim Curnutte
6. A request for minor subdivislon to amend fie location of the platted building envelopes
located at
1374 and 1378 Sandstone Drive/Lots D & E, Briarpatch.
Applicant: Jim Guicla Construction for Briar Patch LLC
Planner: Jim Curnutte
j('
7 ' A request for a major exterior alteration to allow for the expansion of La Tour Restaurantand the Gotthelf's Gallery and a concfitional use permit for a modificadon to the outdoordining deck, located in th-e_village center euitoinb, iii eist uiioirn Drive/ a porrlon ofBlock 5E, VaitVittage 1st Filing.
Applicant: Fred Hibberd, represented by CraB SnowdonPlanner: George Ruther
. PLANNING AND ENVIRONMENTAL COMMISSION
April10,1995
AGENDA
Planning and Environmental Commission Training Workshop 10:00 a.m.
(with Charlie Unseld - Colorado Department of Local Atfairs)
Prolect Orientiation/Lunch 11 :30 a.m.
Slte Vislts 12:30 P.m.
1. Briar Patch2. Glen Lyon Otfice Building
3. 126 Forest Road4. Village Center
5. The Daily Grind
Drivers: Jim and RandY
Public Hearing 2:00 P'm'
{'
A request for a conditional use to allow for a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village l st Filing.
Applicant: Ron BYrne
Planner: Lauren Waterton
2. A request for a rezoning from General Use District to Primary/Secondary Residential
District to allow for the development of a primary/secondary residence located at 967 Vail
Valley Drive/Tract C, Vail Village 7th Filing.
Applicant: Pat Dauphinais for VailValley consolidated water District
Planner: Jim Curnutte
3. A request for a conditional use to allow for an outdoor dining deck for the Daily Grind
located at 288 Bridge Street/Lot B, Block 5H, Vail Village 1st Filing.
Applicant: The Daily Grind Coffee House
Planner: George Ruther
4. A request for a worksession for a major SDD amendment to allow for an expansionlo
the dlen Lyon Office Building located at 1000 South Frontage Road/Area #4, Special
Development District #4, Cascade Village.
Applicant: Glen Lyon Partnership represented by Gordon Pierce and Ken O'Bryan
Planner: Randy Stouder
..{
. . - 5. A request for minor subdivision to amend the location of the platted building envelopes. '.' located a11374 and 1378 Sandstone Drive/Lots D & E, Briarpatch.
Applicant Jim Guida Construction for Briar Patch LLC
Planner: Jim Curnutte
6. A request for a maior exterior alteration to allow for the expansion of La Tour Restaurant
and the Gotthelf's Gallery and a conditional use permit for a modification to the outdoor
dining deck, located in the Village Center Building, 122Easl Meadow Drive/a portion of
Block 5E, VailVillage 1st Filing.
Applicanu Fred Hibberd, represented by Craig Snowdon
Planner: George Ruther
7. Approval of minutes for March 27,lggi meeting.
8. Town Gouncil uPdate:
Vail Commons
' The Ruins
* Lionsquare Lodge
I
li,
4
WPE II EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT
("the Properry"); and
WHEREAS' the owner u/ishss to place cerlain restrictions on the use of a unir or apai,tment located
on the Property for the benefit of rhe O^,ner and the Town of Vail, Colorado ("the Town).
Now' THEREFoRE' the orvner does hereby impose, esrablish, acknowledge, declare for the benefit
of all persons who may hereinatter purchase, or lease, or hold the subject land the following restrictions,
covenants' and conditions' all of which shall be deemed to run with the land and inure to thE benefit and be
bonding upon the Orvner, ils respectiv€ granle€s, successors, and assigns.
1.The Empfoyee Unit'contalning4ll square feet, is hereby restrict€d as a Type il Emproyee
Housing Unit (EHU) which must compry with ail the provisions of sections ig.57.020.
18.57.030, and 1 8.87.050 of the Vail Municipal Code as amended.
The Type ll Employee Housing unit shail be reased ro t€nanls who are fuil-lime emproyees
who work in Eagre county. An EHU shafl not be reased for a period ress than thirty
consecurivo days. For the purposes of this secrion, a fuil-time emproyee is one who works
an av€rage of thirty hours sach wsek.
A Type ll EHU may not be sord, lransferred, or conveyed separatery from any trvo ,amiry
dwelling it may be a part of.
The Type ll EHU shat nor be divided into any form of timeshares, intervar ownership, or
fractional fee ownership as those rerms are defined in the Municipar c;ode of the Town or Vair.
5' No later than February 1 of each year, the owner ol each employee housrng unit within the
town which is conslruded following the etfective dale of this chapter shalt submit two copies
of a report on a rorm to be obtained from rhe communhy Deveropment Departm€nr, to the
community Development Departmenr of the Town of Vail and chairman of the Town of vail
Housing Ar'rhority setting brfi evklence estrablishing ttrat the employee housing unil has be€n
rented throughout the year, the r€nlal rate, the employer, and thal each renant who resides
\
2.
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wlthin the smploye housing unit is a full-time employee in Eagle County.
The owner of each EHU shall rent the unh at a monthly rental rate consistent with or lower
than those market rales prevalenr hr similar properties in the Town of vail.
The Town of Vail Housing Ar.rthority will determine the market rate based on the study of orher
unhs of comparable size, location, quality and amenities lhroughout the Town. The markel
rate shall be based on an averag€ of a minimum of five rental rates of comparable units. lf
the unit is nol renled and is not available at the market rate h shall be determined to be in
noncompliance. In addition to any olher penahies and restrictions provided herein, a unil
found to be in noncompliance shall be subject to publication as determined by the Housing
Authority.
The Type ll Employee Housing Unit shall be operated in compliance with rh€ prorisions of
these restrictive covenants as well as future regulations pertaining to Type ll Employe
Housing Units that may be adopted by the Vail Town Council.
The prwisions of these restdctive cov€nants may be enlorced by the orvrcr and the Town.
The conditions, restrictions, stipulations, and agreements contained herein shall not be
waived, abandon€d,lgrminated, or amenddd except by the wdtten consent of both the Torrrn
of Vail and the Orner of the property.
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By:
TOWN OF VAIL, a Colorado municipal corporation
Bob McLaurin, Town Manager
fherleregoing instrum€nt was acknowledged before me rhis.flAay of(n^- &^(/-
Nofary pubtic J. , .. ir: - - Anne E. l{ilgtt, Notary hrbl'lc
My Commission Expires GI7.1999
' , My commission expires: _._ls s_lrontrg.$ao
A/ownltn,1995.
r\
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ct
Q
7/,r.ueza/'fu'trtz ?nS
was acknorvledged behre natti$[aay otNl MfhA,'0 . rxls.
.t I
My commission expires: Plfrl lfiV
.1 .
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l2/11/9F 01:t1p pG 3 OF g
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5792?5 8-683 P_269
g.J
C)cl
Single Family
ZONE CHECK
. FOR
Residence, DupLex, Pr
ZONE DISTRICTS
o
imary
BLock 7 t,rbdivision
PHONE
PHONE
BUILDABTE
Exis Linq
ea,i?)
3@n!'
a+lqSebbacks FronL
Sides
Rear
siLe coverase (l6"lt)
Landscapins (bO1omlh,)
ReLaining wall lleighLs
Parking
carage Crediu
Drive:
?oa{|DD
20,
15',
15',
2-3b D
q,ftrb
3,@
View Corridor Encroachment,: Y6s
Does Lhis reqriesl invoive a 250 riritiiLiorr? Y
How much of ihe allowed 250 Addition is usedtw Y',soPrevious conditions of approval (check properLy
DArE: Nu t",fz
I,EGAL DESC PTION: Lo
ADDRESS:
O9TNER
ARCHITECT
ZONE DISTRICT
PROPOSED USE
LOT SIZE
HeighE
rot,al GRFA 3OZS + &O
Allowed
(3016)
Primary GRFA u41 + 425 =aJi,-
secondary cRFA ft21 + 425. --J1?!-
complies with T.O.v. LiqhLing ordinance
water Course SeLback (30) (s0)
Do Finish Grades Exceed 2:1 (50t)
Environmen Lal- /I{azards :1) Flood Plain
2\ PercenL Slope (< > 30t)
3) Geologic llazards
/Secondary
41"71 +t'7, 4tftl 4b+t,
R1z Z8z. zft1b
l^tl tF11 tlbU
+b4 w+qi6f?aF
qM?.
permiLLed slope 17* Proposed slope L- *
Yes
l nuq,a +
(3oo) (6oo) (eoo) (1200[l@)
No J-
a) Snow Avalancn,e, ,1.""b) nockf aLl |W.c) Debris Flow YlA/
4) weLLands
LOT AREA
Proposed TotaI
?t
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2h /+J7\O
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10
file):
TOWN COUNCIL AGENDA REOUEST
(Request form must be given to the Secretary to the Town Manager by 8:00 a.m. Thursdays.)
ilEEnNGDATE: November7.1995
(Prepare a separate Agenda Request for each agenda item. lf he agenda
item will be discussed at both a Work Session and an Evening Meeting, be
certain to chec* both boxes in this section and indicate time needed during
each meeting.)
E Worf Session TIME NEEDED:-
XX sit" virit TIME NEEDED:_10_nnirules
TIME NEEDED: 15 minutes
WILL THERE BE A PRESENTANON ON THIS AGENDA ITEM BY NOI$TOV STAFF?
XX r.ro.
tr YES. Specifics:-
WILL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EOUIPilENT?
XX No.
tr YES. Specificsr
WILL THERE BE IIATERIAL TO BE INCLUDED IN GOUNCIL PACKET FOR THIS |TEil?
tr No.
XX Erening Meeting
XX veS. lf yes, is he materiat atso for pubtic distribution?
XX Yes.
tr No.
ITEIVTOPIC: Appeal by an adjacent property owner of a DRB approval of changes to a
previously approved set of plans and an appeal of a PEC approval of a Conditional Use Permit
for an employee housing unit located at 126 Forest Road/Lot 5, Block 7, Vail Village lst Filing.
Applicant: Ron Byme
Appellant: Mke Flannery
ACTION REOT ESTED OF COUNCIL: Uphold / modify / overturn the DRB'S and the PEC's
decision.
BACKGROUND RAnONALE: At the October 18, 1995 DRB meeting, the DRB approved
changes to a previously approved set of plans for a new Primary/Secondary residence to be
located at 126 Forest Road. The DRB originally approved the project at the June 6, 1995 DRB
meeting. At the October 23, 1995 PEC meeting, the PEC approved a Conditional Use Permit for
a Type ll employee housing unit. The adjacent neighbor to the west, Mike Flannery, has
appealed both of these decisions to the Town Council. Please see the anached letters of appeal,
as well as the statf memorandum for lurther information.
STAFF RECOIIIIENDATION: Staff recommends that both the DRB decision and the PEC
decision be upheld.
Lauren Waterton
Community Development
. , LL/o7/95 15:17 a lt ooe
BYRNE.126FoREsTRoAD(LoT5'BLocKT,FIIISTI..ILING)
ZOIIING CODE NON-COIVTPLIANCE
2.
$IlL!!.qsQstatesthatth€minimrrmlotsizeinthePrimary/SecondaryZoneDisnrictis
isl66--rqorr" reet of u,riidabla arca. Thc definition ot'buildable area b $ l8'M'045
e(cludes aleas ia er<cess of 40%. Thc gross lot sizp of Lot 5 is 15,?30 square feet' and ths
area of (he lot in excess oi +nnis 9p ft square fect. Therefonr, rhc permitted lot area is
6,412 square feet.
$18.13.080A'$Atestbatonlyouctlwellingrrnitispermittedonlotslesstbatl5,000
squarc fbct.
a. s 1g.13.050 relating to Lot Area end site Dimcosions refers to square footage of
builrtable area. altioug5 g 1g.13.090 jusr talks of lot size, it does not say Elal
arca (uihich is,r* "^it Oepartrnent of codnunity D€'velopment ('DCD")
i;t tp*.t it). H;*e;;tU" tpt"if "
zoning Cof
' .ti?: of *t T'r,tnarv/
SecoruJary Zoo" pifict oo lot *"" ot"t tt " "buildable" stardard' It is afbitary
to disr€gard the;;ifi;;;; to "buildable arca" in $ 1t.13'050. and it makes
no land usc sense'to pemrit motc ihan one dwelling rrnit o11 19 yrtn a buildalrle
lot area of les, tf* iS,OOO xluare feet In this casc the buildable lot arca is 6'412
square fcct
b. one of the issues in the Fcderal lawsuit is the area of lrrt 5. lf the west line of
Lot 5 moves to the cast in orccss of ? feet (7' X 105' (deep)-= 7]s serrye fcct), the
gross area of Lot 5 will be less than 15, 00d square fee! Tq:"t^ { onc tlwelling
uait can bc built' sven if thc DCD intcrpretation of 5 18'13'080 A' is followcd-
c. If more than 30' of the rncst sidc is moved to the east, the side setback on the wcst
is violated.
d. Because of the issres relating to lot size and sctbaclq no building permit should be
givcn until these iszues are resolvcd'
. ltl?s70 states that an ernployee housing rmit ("EI{u") canbe constnrctcd on lots
which meet thc minimum tot sizc rcquiremints foi the atntic+blp Zonc'Disr'ict' Subpart
B.t. ;tt ,h"ithe EHU;;;;mifeJ on los "trich
gornPtv Yth.ft: minioum lot siac
requirr:rnents ro, tot r rot ir"a of the zone dishi4 in whieu rhe ltl l9,cat€d- $ 18.13'050
Etates that the ,i":"*.i"t si". i" lt rrirn rytSecondry Zone Distict is 15, 000 s$rare
feet of buildable area. n u Uuila"Ut" a'rea of Lot 5 is 6$12 sqrrare ftet' whioh is
obviously less than I 5 , 6b ,q; feet. r lrg DCD considered the total lot area of t ot 5 as
the standard, iostcad oru. toi"r lot area of the Primary/secmdary zoncl)isbict' as
requircdbytuezor,iogcodc'NoE}IUcanbeconstuctedouLot5"andthcoctober23'
LL/O?/55 15:3E [! ooc
4.
lgg5PlnnniggandEnvirrrunentalCommissionapprovaloftheEHIJonLot5isinerror'
and in violatiiu of S 18-60.060 B' of thc Zoning Code'
/''Y<At+-
S 11J3.080i, permits o *pd-*o CfffA of 3'823 X$re fect fo.r 15'?30 square fcct of
tor are4 and gives "froi'Kf +ZirSG f* ti; each allowable dvslling 'nit' If two
dwelling unia -" pe;uJ, tr* totif alowable GRIIA for tIIe building "ffiH"O
i""t.Tonfy o". awcUins unit is permitte4 ihe ptal allowable GRFA {qr,
4,248 sq'aro feet, but ffcalculaiions indicate that thc proposcd total GRFA on Lot 5 is
4-744 souarc feet, Theretbre, even if a prinary and a sccondary dwelling unit are
+"jffi;";;;i"ii ont^ has been excccded, and t5c plans approved bv tlre Design
Review Board ("DRB") would have to be re'done to aownsize the building' Furihcr' if
only a single family d;lil; ,,it is permitted, the plans will atl h"u".to be re'donc to
downsize the building ana Jiminate tUe nri-at),lSecondary co'figr'ation'
618.13-080A-statesthatonanysirccllgriningtwodwellingrurits'oneofthcrmitsshall
not exceed mrty p"rcent oi ai"'i"Uf" GRFA- tlttro Aweliug unir are permittcd on
Lot 5, tl€ alloruable Gilnir +,gz: sqnare feec Forty percent of that is approximately
1,E69 sqr:arc fect. no*."*, tf" p*pol{ Onf.n aea of the secondary unit is 1'906
square fect, Bernuse the ,*"onau.y uoit is too big, the plans for lnt 5 approvcd by DRB
will have to bc rc-donc. 1
g l8.l3Jto says that d least sixty percent of each site sball be landscaped Tbc toal site
areais 15,730 square feet, so tbc minimum landscaPuu alelrsl!3$|{uarc feet' of
whichnomoret}rantwcntypercent(I,SEEsqrrorefcct)carrbehar.escaped.fieplans
show dccks. terraces *J*"1o torri"g 2,538 square ieet- Thcreforc the project orccds
this requircnect by 650 squarc tbet'
).
/i
9-
$ I t.5t.020 srates that no fencc' hedgc, wall or landscaped screeu ova thrcc fcct in
hciglt can be Uif, i" tt. *qJ.JAiti."tU"tl. arcq and nme ov* six feet in height in
atry other Portion of the sirc'
^. Thc wall in thc front setbact is in violation of this section of ttrc Zoning codc'
. b. Thc south wall on the primaryrcsidence tenace exceeds six fcet in bcight abovc v ', v' ;rd; gf.d", ,rrA i" i, "i"f"ion of.this section ofthe Zoniag Code-
c. The intorior gade walls at the primary rcsidence east stair' tbe cast stair wall-of 6'
the EHLI *fy
"iul,
atthe lowJr lsve' u"a*" cast walls of tbe wcststair to the
secordary unit are in violation of this section of tlre Zoning Code'
Tbe DCD states in its Zons Check forn for Lot 5 that the permitted driveway slope is
iio. go**o, the driveways are plannedto O" 9:'
$lEJL0Zlstatesthatforaslopingroo{theheightofbuildirrgssh+nolexo€edthirty.
tbree lbet. 5 1E.04.170 s;-tftitUigftt ^** tt" distanoc meas.red vcrtically from any
tD2316
a-
" lL/O?/gS 15:38 A Oool
pointonapropos€{t...rrrrrforGavct0rlrccxistingorfiaishedgrade(wbichevcrismorc
restricdvc) tosated di$cti;lJow said point of tdroof ot cave. 1fu cmirc sitc hts bccn
c:rcavdo4 aad tfre fili*i ;;t St"tl" tt at th9 lcrrcl of the garage' There-fore' thc hclglt
of lhe building .,,*"ar Utty-tltilbct and is in violetion of the Zoning Codc'
-3-
iltnn Review Action Fan
TOWN OF VAIL
o"" \\, V '- , rllCategory Number
Project Name:
Project Description:
Owner. Address and Phone:
Address and Phone:
Legal Description: Lot , Block Zone District
Proiect Street Address:
.- .-Boarel-/Staff Action
Motion by:Vote:
Seconded by:
I Approval
I Disapproval
/ StaffApproval
Conditions:
Town Planner
Date; ; i DRB Fee Pre-paid
lAuv --!\,ohmn
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\ff,lr/td(h Wi,thwdWP
D?e &adon
fiAtnl - rnohon ndudu Uavdthnyb W Wb
?ail- fuohd
t-O \ob
oMINUTES
VAIL TO\AN COUNCIL MEETING
NovemberT, 1ggs
7:30 P.M.
MEMBERS PRESENT:
MEMBERS ABSENT:
Peggy Osterfoss, Mayor
Merv Lapin, Mayor pro-Tem
Tom Steinberg
SybillNavas
Jan Strauch
Rodney E. Slifer
PaulJohnston
None
TOWN OFFICIALS pRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attomey
fftriil
"t#l$1ffi
' 3;il' rown Ma naser
The first item on the agenda was Gitizen participation. There was no citizenparticipation.
The second item on the agenda was the Consent Agenda:
I Approval of the Minutes for the meetings of october 3 and 17, 1 9gs.B. ordinance No._1.8., series of rggs, slcond-reading otan oroinance AmendingSection 9.22.101A. which contains the definition fir t-aiceny.
Mayor osterfoss read the consent Agenda in fuil. Lapin moved to approve theconsent Agenda with-a secono oy stlinuerg. Navas asked that a typo be conected andthat her vote on item five have an-expranation added as to why she was opposed.Johnston noted on item one that steinberg's name be inserted instead of his namewhere reference was made to previous co-uncil members present at the time of the landpurchase. A vote was taken and passed unanimously, Z-0.
The third item on the agenda was ordinance No. 22, series of 199s, first reading of
1n o.rlinanclmaking
3uon]emen_tal appropriations from the Town of Vail General Fund,Real Estate Transfer T?:.Fulg,parking s'tructure Fund, Heavy Equipment Fund, porice
confiscation Fund, Facirities Maintenaice Fund, Vair Marketini rtino and the VairHousing Fund, of the 1995 budget and the financial plan for tn! rown of Vail, Colorado;and authorizing the expenditures of said appropriations as set forth herein; and setting
lorth d-etails in regard thereto. steve Thompson and christine Anderson presentect theThird Quarter Financial Report and list of required supptemenlaiappropriations. Staffis requesting approvar of ordinance No. 22, beries oi i ggs on firi reading. Lapinmoved to approve ordinance No. 22 of 1g95 on first reading, witn a secono oySteinberg. A vote was taken and passed unanimously ,7_O:
The fourth item on the agenda was ordinance No. 23, series of 1gg5, first reading ofan ordinance amending-chapter 2.49, compensation of rown officials, Town of VailMunicipal Code. Tom Moorhead presented this item to council. Council is asking for araise of $200 to $500 per month for Council members and $500 to $1000 per mo-nth forthe Mayor. said change, if approved would start January 1, lggg with pay adjustmentsmade every 4 years per the Denver CPl. Hermann Stauier encouraged the counciltovote no on this Ordinance.. He chatlenged next years Councitthat iflhey donate theirmoney to chari$, he would match a like amount to the same charity, Money should not
FIIE COPY
A regular me_eting of the Vail rown councilwas held on Tuesday, November 7, 19g5, inthe Councilchambers of the VailMunicipal Building. rne meeii'n'g was caled to orderat 7:30 P,M.
V.tl L C,al €*1 tttrq tll.*, r ihrcs
a councirmember seryes. The main reason must be they want to maketo the community. slifer noted the last time council received . .'riru *..1981. slifer mad€ a motion to increase counci|s pay to $r,ooo plr month and theMayor's pay to $1,s00 per month, with a second by paul lonnstJn. A vote was takenand failed 2-5. Johnston and Slifer were in favor of the motion and Navas, straucn,steinberg, osterfoss and Lapin against. Bob Fiske
"n.orr"!"Jine councitto vote fora pay increase as he believes it would encourage and enabljmore individuars tqiun
-
for councir. Lapin made a motion to approve oidinance zi, iggs on nrst realinj
'-"
allowin-g_for a councir pay.increase to $s00 per month ano ine Mayors pay increasedto $1000 per month; said increase and CPI calculations to starr Janu ^i li r g9g, ;iih "second by Steinberg. The motion passed unanimously 7_0.
The fifth item on the agenda was Ordinance No. 20, Series of 199S, second readingof an annual appropriation ordinance adopting a budget
"nJnnanciar pr"n
"no ,"rin"gappropriations to pay the costs, expenses, ana rauitiiies of the Town of Vail, Cotorado,for its fiscar year January 1 , 1 996, throqrgh .December
gt ,-r 996,'and providing for thelevy assessment and collection of Town ad valorem propertv t"*es due for the 1gg5 tax
Iear and payabre in the 1gg6 fiscar year, steve Thompion 'pr"."nted
this item tocouncil. The councit has been reviewing the 1996 uubget for;verat weeks. Theordinance summarizing the expenditureJis_required by itatute. staff is rrorr"ioingapproval of ordinance No. 20, series of 19gb. Johnstbn moved io
"pprou" ordinanceNo. 20, series of 199s on se-cond reading, with a second uv bill.r,. A vote was takenand passed unanimously, 7-0.
The sixth item on the agenda was ordinance No. 1g, series of 1ggs, second readingof an ordinance to change the zoning of 67 properti"r in tn"i*n of Vail from theircurrent zoning to the NaturalArea Preservation District, outdooi Recr""iion 6'i.tri"t, o,the General use District. Russ Forrest and Jim curnufte pi*"nt"o this item to Council.on August 22, 1994, staff received approval to amend t|,e text oi-chapter 1g.3g,Greenbert and Naturaropen space District (cNos) fi ahd;; 18.36, pubric UseDistrict (PUD), of the Vall Municipal Code, and to cieate a new bn"ptu, 1g.33, OutdoorRecreation District (oR). These text amend.ments anJine p.poruo zoning changes,as identified in ordinance No. 19, are intended to insure tniiine uses allowed in thesezone districts are consistent with their purpose statementr,
"no1h"t
propertiesthroughout Town, esPeciallY those with open space characteristics, are located in theappropriate zone district. ThePlanning and Environmentat commission reviewed theproposed zoning changes on september 24, 1gg5 and voteJ i_i_l torecommendapproval of these changes. The two dissenting members
"t"t"Jtn"t they wantedparcel #21 (proposed par 3 site) to be rezonedto the General use oistrict. staff alsot"..ui9y"g issues and public comments concerning the proposeJ i"zoning of the Mt. Bellsite (#34). The PEC felt strongly that the entire tfrt. Beit p;rcet;hiutd be rezoned to theGenerar use District as per the staff memo, star recomhenl. .pprou"r of ordinanceNo' 19, series of 1995. steinberg wants to change tn" neJb-anistone site boundarylines and Johnston wants to change the Mountain bell site uounoarv lines. HermannStaufer encouraged Council to create a zone just for the Vail ooiicour"e. The GolfcouGe needs to run as a first crass operation and a zone;uit ioi a gorf course courdassure this' Moorhead stated the outdoor Recreation zone oistrict allows for golfcourses as a permitted use and provides for the needs of a golf course. Navas isconcerned the new zoning on the recreation parcels may,ike it difficult to pLr"
"nvcomrnunity buildings on these parcels. sne ininrs outd'oor Recreation is inappropriatefor some parcels and General Use may allow for gr""t"i fl"ribiritvl'slir", wondered ifthis item should be tabled pending resolution of tliese qr".tionr.' Moorhead stated itwould be appropriate to table the issue if councilwants to reconsider outdoorRecreation vs. General Use, or the questionable parcels couto ue.iemoved from thisordinance and continue with a motion. Lapin made a r"ti"r t" npprove ordinanceNo' 19, Series of 1gg5 01 ge_co1{ reading, excruding property no. 51 (upper bench ofDonovan Park) and west of Red sandsto-ne schoor-cie"6; ii";i. ailow for NApD onthe steep section of that parcel, with a second by steinberg. n uoi" was taken andpassed, 6-1 with Navas opposing.
U'l3^ e*.|C-L, llt *t ?llaa- r lths
The seventh on the agenda was ordinance No. 21, series of 1995, second reading ofan ordinance amending Section 5.04.120 Transfer of License and Section S.20.100
The tenth item on the agentra was an appeal by an adjacent property owner of a DRB
:1fl::] :l:Tlg:,:lo a previousty.approved sei or prans and-a-n lpp"ar of a pECapproval of a ConditioBt.U_se-fgfnjt for an employee frouJ6 uniir"*_- i[i;ff:'*m
Exemptions; and setting. forth details in regard thereto. Tom Moorhead and steveThompson presented lhis item to council. -1)
council requested staff to prepare anordinance that would allow some retief from ihe Annual Business License fee when anew owner occupied an existing.spa_ce and began a new operation in a space ilrat aprior owner had paid the annual business license tee. 2)council requested staff toprepare amendments to our special evbnts license to guarantee that exempt, non-profitorganizations wiil significanfly benefit from such speciir
"u"nir.-
ihis ahection wasprovided as a result of a special event that was perceived to be nothing more than aretail sales event that oj! ngt prol,ride significant benefit to .n
"i"rnpt organization.staff is recommending the foliowing: rl'st"n recommends a more equitabte approach isto prorate the annuat business riceise fee for the initiar yeai oi op",..uon. 2) staffadvisds that the chanqe may significantly impact specialevents and sales tax revenuefrom those events' u-oortreio s'tateJinii oriin.n." proviaes tor a'quarterty, proratedbusiness license, but does not reduce the fee to less than $100 and willtake affectoctober 2,.199s. Lapin moved to approve oioin.nr" No. 21, series of 19gs on secondreading, with a second by steinberg.'A vote was taken ano pa$ed unanimously, 7_0.
The eighth item on the agenda was ordinance No. 14, Series of 1995, secondreading of an ordinance_providing for the major amendment of speciar DevelopmentDistrict No. 31, Golden peak Horise;
"r"naii.,g "n "pprou"d
J*lopr"nt plan forspecial Deveropment District No. 31, in accoroanc"
"iitn
cr,"pi", ra.+o of the VailMunicipalcode; rocated at27g nanson nan.tr Road/Lots A, B, and c, Brock 2, VairMllage 1st Filing and a portion ot tral e,'Vail Viilage 5th Filing, and setting forth detailsin regard thereto. Mike:Moilica presenteo this itemio corn.ir."bn september 11,1995' the Planning and Environhental commission voted (by a vote ol4-2,with Armourand Pratt opposed) to recommend approval ror t e appric"ir-'ttl"q-r".t . The staffrecommendation is for approvar of the appricant's request to modfo the density sectionof the sDD; with regard io the ov€ra[ n,fiu"ioiilr'ilil;t.."xoaitionalty, staffrecommends denial of.the applicant's request to modifuihe oensitylenrn portion of theproposal. Please see the attached staff memoranoum, oateo sepiember 11, 19gs, tothe Planning and Environmentalcommission. steinberg moved to approve ordinanceNo. 14, series of 1995 on second reading, with
"
,".oni btN;;;. A vote was takenand passed unanimously, 7-0.
The ninth item on the agenda was Resorution No. 24, series of 1995, A resorutionadopting the lntergovemmentalAgreement Concerning the lmplementation, operationand Maintenance of the'E-9-1-1"-Telephone service. rom corrins presented this itemto c-ouncit. Lapin moved to approve ne.oi"iio" No. 24, series of 199s, with a secondby Steinberg. A vote was taken and passe- unanimously, 7_0.
the DRB'approved changes to a previousry approved set of prans f;r-;;;;" ..r'Eurl!r'
Primary/secondary residence to be locateo at 126 Forest Roacr. The DRB originallyappr.oved theproject at the June 6, 1995 DRB meeting. At the October 23, lgg5 pEemeeting, the PEC approved a conditional Usepermitior a rype ti emproyee housingunit rhe adjacent neighbor to the west, Mike Flannery, has lpp".'"d both of thesedecisions to the Town council. please see the attached letters'of appeal, as well asthe staff memorandum for further information. Staff recommends that both the DRBdecision and the PEC decision be upherd. Dave Lenyo and Lawrence Levineat'tomeys for the Flannery's presented to council testimony .. to trrl history of eventsand facts particular to the PEC.and. DRB appeals. Jay Peterson oblecteo to tistening tothe full presentation' Council should only hear evidence direcily relating to the twoappeals' Dave Lenyo gave.councilbaciground information onthe boundary lines,These lines are stiil under ritigation. He viants councir to address whether this
V.!J- Llfu., ln *1 ltlt t rh/ts
o
proposed building would fit on the property. Lawrence Levine did participate in the
DRB & PEC process regarding the "changes'. However he stated the Fiannery's were
not present for the original presentations last summer. Levin stated the propoied plans
do not comply with the ToV codes pertaining to "buildable square footage".' Mike
Mollica stated the applicant met the zoning code requirements to place i fype ll EHU
on the lot. Levine stated the GRFA calculation on the building exceeds the maximum
allowable GRFA. Lauren Watterton stated the GRFA on this building is below the
maximum and Levine is inconectly calculating the stairs. Levine saiO the landscaping
calculations do not meet the TOV's code and that hardscape is not to exceed ZO%. -
' Mollica stated the hardscape is within the guidelines. Levine believes wall heights are
incorrect per the Code. Mollica stated prior to a building permit being issued Jtaf ritt
carefully review all wall heights and they must comply prior to a building permit being
issued. Levine stated the building height exceeds the 33' maximum. Mollica stated'the
building height does not exceed the maximum allowable of 33'. Moorehead instructeJ
C9uryi] to vote separately on the two issues. Lapin moved to uphold the pEC decision
with PEC's conditions of 1) This Employee Housing Unit shall comply w1h allfuture
regulations pertaining to Type ll Employee Housing Units that may be adopted by thevail rown council. 2) Prior to the issuance of a building permit for the proposed'
structure, the applicant shall sign a deed restriction using the form provided by the
Town of Vail. This document will be recorded at the Eagle county clerk and
Recorder's office and will require that the employee housing unitie permanenily
restricted for employee housing, with a second by strauch. A vote was taken and
passed unanimously 7-0. Lapin moved to uphold the DRB decision with DRB's
conditions of 1) Provide staff a new landscape plan with special attention to the
retaining wall and the area in front of the building, 2) Remove the blast protection
screen immediately upon completion of excavation. 3) should the pEC approve the
EHU on october 23, 1995, the design <jf the north elevation with the EHU'may
substitute for this approval, plus any incorrect wall heights shall be conected, with a
second by Johnston. A vote was taken and passed unanimously 7-0. Levine would
like the plans he used for this meeting to be submitted for the retord.
The eleventh item on the agenda was the Town Manage/s Report. There was no
report.
There being no further business, strauch moved to a{1ourn at approximately 1 1 :1 5
PM.
Respectfully submitted,
C4r----
ATTEST:
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. .t.ilgn Review Action FO
TOWN OF VAIL
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Project Name:
Building Name:
Project Description:
Archilqcvoontact, Address and
Legal Description: Lot ") Block
Project Str€et Address:
"T
subdivision Zone District
Comments:
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seconded uy, ?, * I YVt
S*'ou'n Disapproval
Motion by;
! StaffApproval
I
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Town Planner
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ASSOC. PIERCE 9EGEREBRC YAIL {t'
APPI'IC,AIION : IIOWN Ol #'
BYRNE &(t
EO;A8D
RON BIBNE
coronrDo
P,?r400s
DATE RSCEIVED:
DATE OF DRE IiEETI TO:
tattafattt
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A.
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B. T'!4PE OF RE\IIEVI:
jei.tili'iiE5133r (,zoo oo, :?i#*ilifitit'tiilfrl #t. oTPT
D.
ADDRE99:
IJEGAIJ DESCRI
Subdivision
A Block 1
a meets and boundlg lega]' . .lr'I-ilp*ite sheec.and atcachrf proPercy io daecribed bY
Ap"-"iiirt ion,.- D I eaee Provicle
Cb crrfi application.
F
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ZONIT{G:
NAME OF
uailing
APPIJICANT
Addrese:
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dress;
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i 50;00
s100.00
0200. 00
$400.00
*500. 00
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issuED r$D cofllrRugrro[
NATTIE
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PIEBC€, SEGERBERG & ASSflIffig5
ARCHITECTS.P.C.oAJ.LtrTTtr@F TRANSnflffiTAL
, -1000 South Frontage Road West
vArL, coLoRADO 81657
(303) 476-4433
FAX (303) 476-4608
wE ARE sENDrNn rou \ Attached
tr
tr
\
!
Shop drawings
Copy of letter
! Under separate cover via
Prints ! Plans E Samples
the lollowing items:
- Specifications
Change order !
COPIES DATE NO.DESCRIPTION
z K.-n 14A -/){_Awt -, \nrr-4
l"o ts, tl
T
THESE ARE TRANSMITTED as checked below:
E For approval
E For your use
\sr ns requested
I For review and comment
I FOR BIDS DUE
Approved as submitted
Approved as noted
Returned for corrections
! Resubmit
-
copies for approval
tr Submit
-
copies for distribution
D Return
-
corrected Prints
u
tr
tr
!
19
-
N PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO--
^.4. RECYCLED PAPER:€d Conrsnts: 4O9o P'€-Consumer . 10o/o Posl-Consumer
L encloaurea are not aa noted, klndly notlly ua al once.
TO:
FROM:
DATE:
SUBJECT:
MEilORAT{DUII
Tom Moorhead
Lauren Waterton
October 12, 1995
Ghanges to the approved plans for Lot 5, Block 7, Vail Village 1st Filing
Here is a list of the changes that the applicant, Ron Byrne has requested to be approved by statt
prior to issuance of a building permit.
On the site plan:
'1. The building has shifted 12 feet to the south and east.
2. The retaining walls have been reconfigured to ensure all finished grades are less than
2:1, per TOV requirements.
3. Change to the patios for both units.
4. The entry stairs to the primary and secondary units have been reconfigured and the stairs
to t|e EHU have been eliminated.
On the norfi elevation:
5. Extension ol the balcony on the primary unit.
6. Addition of window trim.
7. Addition ol two dormers (one on each unit).
8. Addition of chimney caps.
9. Removal 0f stairs, door and window for EHU.
10. Addition ol balcony supports to the secondary unit.
11. Removal of one window on the secondary unit.
On the south elevation:
12. Minor window changes.
13. Addition of a balcony on the the fourth level.
o t
TOWN OF VAIL
b* lru/rho
ffi,'5-Htt,Vtt/ *t/"{'
DEPANDIEI|T OF COII.}ILD|TTY DEVELOPMENT
-
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CEECRS MADE PAYABI.E TO TOWN OP VAIL
itCCaXrl{T lKt f tt.r,v !fo- 'T x" : ccllt .- ' frTlt-
0l 000041540 ZONINC AND ADDRESS MAPS $s.00
0l 0000 424! 5 UNIFORM BUILDING CODE $54.00
0l 000042415 UNIFORM PLUMBING CODE $39.00
0l 0000 42415 UNIFORM MECTIANICAL CODE st7.00
0l 0000 42415 IJNIFORM FIRECODE s36.00
0l 0000 42415 NATIONAL ELECTRICAL CODE s37.00
0t ulo0 424I5 OTIIER CODE BOOKS
0I fiX)o 41548 BLUE PRINTS (MYLARS)$7.00
01000042412 XEROX COPIES $0.250l 000042412 STUDIES
0l ooo042412 TOVFEES COMPUTER PROEMM s5.00
0l 0000 42371 PENALI-Y TEES / RE.INSPECTIONS
0l fiDo 41332 PLAN REVIEW RE-CHECK FEE TS4OPERERT0l 0000 42332 OFF HOURS INSPECTION FEES
0r (XrcO41412 CONTRACTORS LICENSES TEET
0l uno 41413 SIGN APPLICATION FEE s20.q)
0t 0000 41413 ADDITIONAL SICNACE FEE ISI.OO PER SQ.FT.I
0r 0000 42440 VTC ART PROJECT DONATION
0l moqa4l33D)PRE PAID DESIGN RF-VIEW BOARD FEE -7n.0l OO,0041371 ITWESTIGATION FEE ( BUILDING)
3l fino 451r0 TOV PARKING FUND
ot oow 2?027 TOV NEWSPAPER DISPENSER FUND* 0t 0000 21 1 12 TAXABLE @) 4% (STATEJ* 0t 0000 41010 TAXABLE @ 4% (TOW\)
0l fi)00 4237r BUILDINC INVESTIGATION
OTIIER
;l PI'C APPLICATION FEES
0r (Xx)O 41330 ADDITIONAL GRFA "250"lizu0.0u
0l fi)00 4t330 CONDITIONAL USE PERMIT s200.00
0t (rcoo 4t 330 EXTERIOR ALTERATION ILESS TTIAN IOO SQ:FIII $200.000l fi)oo 41330 EXTERIORALTERATIONW s500.00
0r (xno 41330 SPECIALDEVELOPMENTW s1.500.u00l 000041330 SPECIAL DEVELOPMENT DISTRICT TMAJOR AMEND 51.000.u0
0l fino 41330 SPECIAL DEVELOPMENT DISTRICT MI_NORITiEND !i2u0.00
0r (XnO 41330 SUBDIVISION
0l (m0 4t330 /ARIANCE s250.00
0t (noo 41330 ZONINC CODE AMENDMENTT s250.000l fino 4t330 Rb. ZONING $200.00
OTHER
OTHER
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APPEAL TO TOWN OF VAIL
TOWN COTINCIL
YflISItWfBln'::_1 qill
ocT?31995 9,,
COl\/ltVl. DE\l. DEPTrov.
Pursuant to Section 18.54.090 of the Town of Vail Municipal Code (the "Code") dealing
with Design Review, Flannery Properties ("Flannery"), the adjacent property owner at 146 Forest
Road (Lot 6, Block 7,Yail First Filing), Vail, Colorado (the "Flannery Property"), appeals to the
Town of Vail Town Council (the "Council") the decision and actions taken by the Town of Vail
Design Review Board ("DRB") and the related actions taken by the Tou'n of Vail Department of
Community Development ("DCD") on October 18, 1995 in connection with application of Ron
Byrne for the new development of dwelling units at 126 Forest Road (Lot 5, Block 7, Vail First
Filing), Vail, Colorado (the "Subject Property"). These actions also relate to actions taken by
DRB and DCD in connection with the Subject Property in June, 1995.
The bases for this appeal are that DRB and DCD:
1. Failed to address and comply with the intent, purposes and objectives of design
review, as set forth in the Code at Section 18.54.010, as they affect surrounding development and
neighboring property owners and users.
2. Failed to address properly and comply with the submittal and review requirements
of Section 18.54.040 of the Code, and failed to determine properly and enforce compliance with
applicable provisions ofthe Zoning Code (Title 18), as required by Section 18.54.040 ofthe
Code.
3. Failed to address and incorporate the issues raised in the litigation now pending
before the United States District Court for the District of Colorado, Civil Action No . 95-Z-t870,
which directly affect the development of the Subject Property, including but not limited to the
proper area ofthe Subject Property, the permitted uses and dwelling units on the Subject
Property, and the applicable set backs for structures on the Subject Property.
4. Improperly approved a plan which includes an Employee Housing Unit ('EHU")
onthe Subject Property which EHU had yet to be approved by the Town of Vail.
5. Failed to provide Flannery with (i) its due process rights as guaranteed by
Article II. Section 25 of the Colorado Constitution and the Fourteenth Amendment to the United
States Constitution and (ii) its right to petition the Govemment for a redress of its grievances, as
guaranteed by the First and Fourteenth Amendments to the United States Constitution.
Because Flannery was not given notice of, and could not participate in the June,
1995 DRB hearing, and was deprived of an opportunity to provide a full presentation of its
position at the October 18, 1995 DRB hearing, Flannery requests that the Council give it an
opportunity to present frrlly its position, and further requests that the Town of Vail preserve the
#121541
status quo and not issue any building, or other permits to f,uther develop the Subject Property
pending this appeal.
DATED: October 23,1995 Respectfully submitted,
FLANNERY PROPERTIES
By: HOLME ROBERTS & OWEN t,I,c
llli\lAl\r."{/ \. k(,ra"n
Lawrence L. Levin, Esq., Member
its attorneys
1700 Lincoln, Suite 4100
Denver, Colorado 80203
(303) 861-7000
Address of Flannery:
cio Valley Printers
16230 Filbert Steet
Sylmar, California 91 342
a
10/30/05 14:3$ O
APPEAL TO TOWN OF VAIL
TOWN COIINCIT
prusuaqt n Scstior 1t.60.070 of tle Towu of Vail lvfirnicipal Code (Fe ::C-gic) dealing witb
.ppo.r, L-oiTiiir-orvO 1'*o Co-rit ttl" 'Coqryi!"), F_lp3g ryF$1!"Flann- ery'1 the
"iir"*t f,.op.ttv oe,lef, ar 146 FortstRoed_il,ot g, Plock?, Vail Firtt Filing), Vail Colcado (tq
ffincnipt"pdrfl;spp€abd G co,oeh te a&ision aud actiotrs takm 6yarc town of vail Planning
aod E*i;"ri-tn Gminisrion ('?EC") and thc rolalcd actioos trkentry 4l*q."fYtil RP1Blry
oiConmrrnityDct Eldpilm C'DCDI oa Octobcr 23,1995 in comectign witn oPPlrc€rou oI Ism DyErE
o'-"-io"aitifrJrrsepliittJ'tto'qfrrqTvnotrcmplolreehous-ingulitrt126Fot$tRoad(I.6t5'
Ctock Z, Vail First Filhg), Vtril' Colondo (thp iSubjostProputy)'
The bascg for fris appoal are thcPEC md DCD
L Approvert a Tpc II cruployce housing unit ("E!IU') tidttt a Printry. /socstrfury zo!3
Di*rict ii, wbiclr-t'ot liA not ririet Ure riinimunr lot sLr regirtneots for Zonc Distict'
2- Failed ro addrc-ss rnd incnrlnrefe the irsres r*j*d in tho litigation nov FqTg *ry.
Oo UuitsC Ststcs DistictCouft forte Disiist of Color:ado, Civil Action No-.95-&1870' vthich dirosuy
A; thr-d*r6;;.l6.S"tiJ nopgrty, irrcludrog lut-nnt tiniten tn thc Jrmper rrce of thc Subjcct
proporty, ad thi peroifd uscs and dwtlling uaits ou thc Subjcct Propcrty'
3. Failedto considcr adcqrntcly aad rg,ply the critcria for ap'pmval of rn EIIU cornditional
usr prmiL lc artforlh is $1t.60.060A ofthcCode'
4. Eroaroruly fould thrt lhe proporcd trso wo|ld con- ply widr erch of tlc rpplicable
provieiom ofTitlc 18 ofthi Code, in violadon-of $tt'0O.Og0g of thc Code'
Flannery roquccs th8t thE Council givc h an opportunity to prescnt fullf ie Po,sitioD' ud firthcr
rcqupsrt-68 15j Town of Vail prcscrvc $c-status quo iod rrot iisua any buildilg, or obs pcrnib to
firr0cr devotop thc Subjcot Property PcDdiDg this appcat.
E ooz
DATED; Octob630,1995 . Resperffirlly subrfi itt64
FI.AT.INERY PROPERTIES
Bp HOLME ROBERTS & OWEN u.c
its aftorncys
1700 Litrooln, suits 4100
Dcuvcr, Cohndo t0203
(303) E61-7000
Addross of Flurcry:
doVallcry Printsrs
16230 Filbct Suost
Sylnrr, Califoruia 91342
,l'ttl
fficnce L. Let/i& Esq.' Msmber
o
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- W* t!,a* yrrr'p'rrru*n W atui
FROM:
DATE:
SUBJECT:
MEIIORANDUM
Planning and Environmental Commission
Community Development Department
october 23, 1995
A request for a conditional use permit to allow for a Type ll employee housing unit
located at 126 Forest RoacyLot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron ByrnePlanner: Lauren Waterton
I. DESCRIPT|Oil OFTHE PROPOSED USE
f n September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of
1992, to create a new Chapter 18.57 - Employee Housing, to provide for the addition of
Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts
within the Town of Vail. The definition in trat ordinance states:
Seaion 18.04.105
"Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be
leased or rented for any period less than thirty (30) consecutive days, and shatl be
rented only to tenants who are fulFtime employees of Eagle County. EHUs shall
be allowed in certain zone districts as set lorth in Chapter 18 of this Code.
Developrnent standards lor EHUs shall be as provided in Chapter 19.57 -
Employee Housing. For the purposes ol this Section, a full-time employee shall
mean a person who works a minimum of an average of thirty (30) hours per week.
There shallbe five (5) categories of EHUs: Type l, Type ll, Type lll, Type lV, and
Type V. Provisions relating to each type of EHU are set forth in Chapter 18.57 -
Employee Housing ol this Code."
In this proposal, the applicanl is proposing to construct a Type ll emplovee housing unit on a
portion of the second level of a new primary/secondary re5iclence. The empiotee Fousing unit
will be approximately 495 square feet in size and will include one bedroom, one bathroom and a
kitchen/living area. One enclosed-parking space will also be provided for the EHU.
As described in more detail later in this memorandum, the applicant is@
3lq_additiong' in conjunction with the devetopment of the employee housing unit.
o
II. ZONING ANALYSIS
Allowed/Rquired per P/S zoning Proposed Development
Site Area: 0.3611 acre or 15,730 sq. ft. Same
Height 33 feet 33 feet
'GRFA 5,173 sq. ft. 5,153 sq. ft.
"Site Coverage 2,360 sq. ft., or 15% 2,325 sq. ft., or 14.8"/o
Landscaping 9,438 sq. ft., or 60% min. 11,658 sq. ft., or 74.1%
Parking Trequired Tproposed
Setbacks:Front: 20' 23.5'Side: 15' 44'- westSide: 15' 21'- eastRear: 15' 29'
'This figure includes two 42s-sguare foot credits plus two 2so-square foot allowances for the
EHU.
*'Since the area beneath this house and parking area exceeds a 30% slope, the site coverage
affowance is reduced trom20o/" to 15%. Additionally, no more than 10% of the total site area
(1,573 square feet) may be covered by driveways and surface parking.
III. CRITERIA AND FINDINGS
Upon review of Section 18.60 - Conditional Use Permits, he Comrnunity Development
Department recommends approval of the conditional use permit based upon the following
factors:
A. Consideration of Factors:
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the factors with respecl to the proposed use:
1. Relationship and impact ol the use on the development obiectives of the
Town.
When the Town Gouncil adopted the Town of VailAtfordable Housing
study on Novernber 20, 1990, it recognized the need to increase the
supply ol housing. The Town encourages EHUs as.a means of providing
quality living conditions and expanding he supply of employee housing for
o
2.
3.
bolh year-round and seasonal local residenls. The proposed unit will have
a positive impact on the Town's housing needs.
The effect of the use on light and air. distribution of population.
transportation facilities. utilities. schools. oarks and recreation facilities.
and other public facilities needs.
Staff believes that there will be little impact frorn the proposed Type ll EHU
on light, air, population, transportation, utilities, schools or parks.
Effect uoon bafftc with particular reference to congestion. automotive and
pedestrian safety and convenience- traffic flow and control. access.
maneuverability. and removal of snow from the sFeet and oarking areas.
It is likely that there would be one additional vehicle associated with this
residence. Staff feels that this would be an insignificant impact on the
above-referenced criteria.
Effect upon the character of the area in which the proposed use is to be
located. including the scale and bulk of the proposed use in relation to
sunounding uses.
The scale and bulk of the existing structure is very similar to thos€ in
existence in the surrounding neighborhood. Since the proposed employee
housing unit will be located within the building, it wouH not appear to ha\re
a negative effect on the scale and bulk ot the residence in relation to
surrounding uses.
Employee Housing Units mav be allowed as a conditional use in those
zone districts as specified by Tifle 18 of the Vail Municipal Code for
Ordinance No. 27. Series of 1992. Employee Housing and shall be su4ect
to the lollowing conditions:
a. lt shall be a conditional use in the Single-Family Residential. Two-
Family Residential and Primary/Secondary Residential zone
districts.
The subject property is zoned Primary/Secondary Resldential.
b. lt shall be permined only on lots which comdy with minimum lot
size rEuirements of the zone district in which the lot is locqled.
At 15,730 square feet in size, the lot meets the minimum lot size
requirements in the Primary/Secondary zone district.
c. lt shall be located within. or attached to. a single-family dwelling or
be located wihin. or attached to. a lr ro-family drvelling pursuant to
Section 18.54.050O) - Design Guidelines Duplex and
Primarv/Secondary Development. lt mav also be located in. or
4.
5.
t
attached to. an existing garage provided the garage is not located
within any seback. and further providgd that no existing parking
required by the Town of Vail Municipal Code is reducedbi
eliminated.
The proposed Type ll EHU wiil be tocated within the
primary/secondary residence.
d. lt shall not be counted as a dwelling unit for the ourposes bf
calculadng density. However. it shall contain kitchen facilities and
a bathroom. as defined in Chapter 18.04 - Definitions of the
Municipal Code. lt shall be permitted to be a third dwelling unit in
addition to the two dwelling units which may already exist on the
lot. Only one Tyoe ll EHU shall be allowed per lot.
The proposed EHU will be a third dwelling unit on the site. tt
contains a full kitchen and full bahroom facilities.
e. lt shall have a GRFA not less than three hundred (300) square
feet. nor more than nine hundred (900) square feet. An applicant.
however. shall be oermitted to apply to the Community
Development Department of the Town of Vail for additional GRFA
not t0 exceed five hundred (500) souare feet to be used in the
construction of the EHU. The applicant shall submit an apolication
for the additional GRFA on a form provided by the Community
Development Department. Approval or denial of the rEuest shall
be made by the Design Review Board in accordance with Section
18.54.040. lf an applicant obtains Design Review Board approval
for 500 square teet of additional GRFA for the EHU. he or she shall
not be entitled to receive additional GRFA pursuant to Chapter
18.71 - Additional Gross Residential Floor Area of this Code for
either unit on the lot. lf an apolicant obtains Design Review Board
approval for not more than 250 square feet ol additional GRFA for
the EHU. he or she shall be entitled to receive additional GRFA
pursuant to Chapter 18.71 - Additional Gross Residential Floor
Area of this code for one dwelling unit on the lot.
The EHU is 495 square feet in size. The applicant has submitted
an application for 500 square teet of additional GRFA utilizing the
provision which allows for the use of 250's "up fronf'when creating
a new Type ll EHU. N0 additionat 2S0's wilt be altowed on this
property in the future.
f. lt shall have no more than two bedrooms.
The proposed Type ll EHU includes one bedroom and therefore
complies with this criteria.
4
I
No more than two (2) adults and one (1) child not otder than
qlxteen (16) years of age shall reside in a one (1) bedroom Type ll
EHU. No more than two (21 adults and two (2) children not older
than sixteen (16) years of age shall reside in a two (2) bedroom
Tyoe ll EHU.
Since this unit is a one (1) bedroom Type ll EHU, the first part of
the above listed regulation willbe complied with.
Eacfi Type ll EHU shall be required to have no less than one fil
parking space lor each bedroom located therein. However. ll a one
(1) bedroom Type ll EHU exceeds six hundred (600) Euare 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 EHU. ll
no dwelling exists upon the property which is proposed for a Tyoe
ll EHU 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 than one fi) of the parking spaces reouired by this paragraph
shall be enclosed. A 300 square feet GRFA credit shall be allowed
for the constructbn of one enclosed parking space for the Tyoe ll
EHU.
Since no dwelling units currently exist on the property, the
applicant must provide one enclosed parking space for the
proposed EHU.
B. Findings:
The Planning and Environmental Commission shall make the following lindings
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 thls
Ordinance and the purposes of the district in wtrich the site is located.
2. That the proposed location of the use and the conditions under whtch it
would be operated or maintained would not be detrimentalto 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 ol Title 18 of the Vail Municipal Code.
IV. STAFFRECOililENDATbN
The Community Development Depaftment staff recommends approyal of this application for a
Type tl Employee Housing Unit. Statt oetie6ifriitne ifficrit6iil'have been mer as
discussed in the memo. Regarding the findings, staff believes that findinq 8.1 is met as the
proposed use is in accordance with the purposes of the zoning ordinance as well as the zone
district. Finding 82 is nlet, in staffs opinion, ali the proposed use is not detrimental to prlblic
9.
ao
health, safety or welfare. fLl9l1g g3 is met, in stafFs opinion, as the proposal compties witr ail of
the standards of the zoning code. Stiaff recommends approval of the request witr the following
conditions:
1) This Employee Housing Unit shall comply with all future regulations pertaining to
Type ll Employee Housing Units that may be adopted by the Vail Town Council.
2l Prior to the issuance of a building permit lor he proposed structure, the applicant
shall sign a deed restriction using the form provided by the Town ol Vail. This
document will be recorded at the Eagle County Clerk and Recorder's Office and
will require that the employee housing unit be permanently restricted for employee
housing.
Please note that under Section 18.60.080 of the Town of Vail Municipal Code, the approvat of a
conditional use permit shall lapse and become void if a building permit is not obtained and
construction not commenced and diligently pursued toward completion, or the use for which the
approval has been granted has not commenced within two years from when the approval
becomes final.
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THIS ITEM MAY AFFECT YOUR PROPERW
PUBLIC NOTICE
NOTTCE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town ot
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal CodE of the
Town of Vail on October 23, 1995, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
1. A request for a Minor CCll exterior alteration to the Lionshead Gondola Building to allow
for th'e construction of an ADA elevator and a handicapped accessible ramp located at
600 Lionshead MalULot 4, Block 1, VaiULionshead Filing #1.
Applicant: VaitAssociates, Inc. represented by David Thorpe
Planner: George Ruther
2. A request for a worksession to discuss a proposed amendment to Chapter 18.39 of the
Vail Municipal Code ( Ski Base Recreation) and an amendment to the previously-. - -approved d'evelopment plan to allow for the redevelopment of the Golden Peak Ski Base,
ldiated at 485 Vail Valley Drive / Tract F, Vail Village Sth filing and Tract B, Vail Village
7th filing.
Applicant: VailAssociates Inc., represented by David Corbin
Planner: Jim Curnutte and Lauren Waterton
A request for a Gonditional Use Permit for a Type ll Employee Housing Unit located at
126 Forest Road/Lot 5, Block 7, Vail Village 'l st Filing.
Applicant: Ron ByrnePlanner: Lauren Waterton
l:!.veryDn.\p.c\notica3\ | 02395
DATE;
RE:
lv{ARCH 74,1995
ADJASNT PROPBRTY OWNERS *"trLkl YV lrtL.* 5
:
:Lot 33, Block 7 !
45. Forcst Road
Daniel Bernard Head
19050 Old Pcrkins Rod
Baton Rougc, IA ?Inf0
llt32, Block ?
95 Forest Road
Newman T. H:lvorn
5400 East lTth Avere
Dcnvcr, CO 8(D20
Lot 30, Block 7
115 Forcst Road
Beatrice B. Taplin
11 Cherry Hills Drirrc
Englewood, CO E0llO
Lot 4 and 7, Block?
1,26 Forest Road
Vernon Taylor, Jr.
1670 Denver Club BuiHing
Dcnver, CO W2U2
L,ot 3, Block 7
9? Rockledgc Road
David S., Bruce W., end Douglas H. Hunt
t235 Douglas Strcet
Suite 1300
Dallas, TX 75225
ht 3, Block 7
9? Rocktodgc Road
Clinbn W. and BettY Sntth JoecY
6060 NC ExPruswaY
Suito,3'
Dallar, TX ?5206
l.ot 6, Block 7
146 ForPrt Road
Mtkc Fl'anncrYqil.#tl*
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TO:
FROM:
DATE:
SUBJECT:
MEIIORANDUII
Town Council
Gommunity Development Department
November 7, 1995
Appeal by an adJacent property owner of a DRB approval of changes to a prevlously
approved set of plans and an appeal of a PEC approval of a Conditional Use Permit
for an employee housing unit, located at 126 Forest Road/Lot 5, Block 7, Vail Village
lst Filing.
Applicant: Ron Byme
Appellant: Mike Flannery
Planner: Lauren Waterton
BACKGROUND
In March 1995, the applicant, Ron Byrne, submitted an application for a Conditional Use Permit for
a Type ll Employee Housing Unit (EHU) and Design Review Board (DRB) approval of a new
primary/secondary residence, including the Type ll EHU. On May 8, 1995, the Planning and
Environmental Commission (PEC) approved the Conditional Use Permit for the EHU. On June 7,
1995, the DRB gave final approval to the project. The applicant has now applied for a building
permit. However, due to a number of changes to the building and the site plan, it was necessary for
the DRB to approve these changes, prior to the Town of Vail issuing a building permit. The DRB
approved these changes atthe october 18, 1995 meeting.
Additionally, the PEC'S approval of the Conditional Use Permit was ruled invalid by an Eagle Gounty
District Court Judge because there was insufficient notice given to the adjacent property owner,
Mike Flannery. The address of the adjacent property owner, which was provided to the Town of
Vailby Ron Byrne, was incorrect. The court issued a Temporary Restraining Order that prohibits
the Town of Vail from issuing a building permit that contains fte EHU. According to the Court, if a
new PEG hearing was set with proper notice to the adjacent property owners, and the PEC
approved the Conditional Use Permit, then a building permitwith an EHU could be released. This
new PEC hearing took place on October 23, 1995 and the PEC approved ff|e Conditional Use
Permit request.
The adiacent property owner to the west, Mike Flannery, has appealed these two decisions to the
Town Council. Please see the attached letters of appeal for further information.
DRB Aoproval
The changes that the DRB approved at the October 18, 1995 meeting include a shift of the building
approximately 12 feet to the east, removal ol doors and windows where the employee housing unit
used to be located, removal of stairs to the employee housing unit and several window changes.
The DRB approved these changes to the building with the following conditions:
Provide staff a new landscape plan with special attention to the retaining wall and
the area in front of the building.
Remove the blast protection screen immediately upon completion of excavation.
should the PEc approve the EHU on october 23, 1995, the design of the north
elevation with the EHU may substitute for this approval.
PEC Approval
The PEC felt that this employee housing unit met all of the criteria required for approval of a
Conditional Use Permit and approved the request, by a vote of 6-0, with the following conditions:
1) This Employee Housing Unit shall comply with all future regulations pertaining to
Type ll Employee Housing Units that may be adopted by the Vail Town Council.
2) Prior to the issuance of a building permit for the proposed structure, the applicant
shall sign a deed restriction using the form provided by he Town of Vail. This
document will be recorded at the Eagle County Clerk and Recorder's Oflice and will
require that the employee housing unit be permanenfly restricted for employee
housing.
STAFF RECOMMENDATION
Statf recommends that the Council uphold both the DRB approval and the PEC approval. We find
that the changes that were approved by the DRB meet the intent of he Design Guidelines.
Additionally, we find that the Employee Housing Unit meets the Conditional Use findings specified
within the attached staff memorandum to the Planning and Environmental Commission.
1)
2l
3)
from TERRI L. MARTINEZ
CIV'L ENGINEEB
ENGINEEN/,NA OESIGN DIV'SION
ENGIT'IEE RNG A DEVELOPMENT
533-3767MEMO
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DIVERSITY
BRINGS US ALt TOGETHER$ Prili.d oD r.c!rcl.d p.pcr
IO{ATDGATITE.DT
lNmEiwvtGcHTr.l&lllE t.I4ltC'Fr.
DAYTDLIEITO
GARTIETD & HECHT, P.C.
ATTSIIET:S AT I.AW
VICTOTIAN TQUArl IUILDING
60I EAST HTA|AN AVEITUE
A,!rEt{, coulMDo El6lt
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R Thomer Moorhced
Torm Attqney
Town of Vail
75 Souft Fmr*agE Road
VaiU Colmdo 81657
Oc'tober 10, 1995
vIA FACSTMTLE TO I (970) 479-'2tn
Rr: Hruery/Byrnq Lot 5, Block % Vril Vilhgo Fint Filing
Dear Tom:
Tbanh you for providing me acoesr last Fridsy to the ncw plam racct$ly subfidilGd
by BM$ Parmcrshtp in oonnection with thc prqooed developmcnt of Lot 5, Block 7, Vail
Villsge Flnt Fillng/126 Forcst Rosd (the "Byrno Property"). The purpose of this l€'trEr
iB t0 sct ftrlh Flannory Properties' position rogarding the orment stahrr ofthc dwelopmcnt
of the Byrne Propctty.
L lhc hopored GRFA for tho Srconrlery Unit ErcGq|r 0'/o ott\o
To0rl Allorrblo GRFA in Ylohtion of thc Towa of Yril Zoring Code
Thc Bymc Propcrty is locatsd in thc prirnary/sccondary rcsidcntial znnhg distict
as described in thc Town of Vail Zoniry Code. See Chapter 18.13 of the Codc, The
prqpos€ of tho primary/secondry zono disuict is to provide sites for oithcr oingl+ftmily
or twofamily rcsidcntid usss in which onc unit is th€ Finary rpsidsnc€ aad thc sccond
rmit is a snEll carthkor apfitn€nt Under Section 18.13.30 of the Torm of Vait ?.mlmg
Codg the secmdary dwelling rmit cannot exceed 4()% of the total dlowablc GRFA.
Bas€d o tbc Tqwr of Vail's owD calculatims, tho GRFA of thc socondary unit ptoposod
fu fto Byrac Proecrty orp€c& 40% of thc total GRFA and, thcreforc, violdcc tro caprcs
provisions of the Town of Vail Zoning Coda
TEIIPIIC{E
{vru)9r.1916
IEICT'HER
orq)9$1003
z'd f,'d IFBfH 3 0EI-+*r9 l.l4Z:IO 96, 0I 1I
K
GAnnE[D r mClI, P.C.
R Thomas Mombsad
Octobec 10, 1995
Pagc 2
Attached to ttris letter as Exhibit A ls the "Zone Check" prcparcd by the Toum of
Vail dabd Junc l, 1995. Aoccding to thc Town of Vail's ovm calcuhtions, the total
GRFA allo*'ed for the Bpne hopetty is 4.021-gg!uEl€. Thereforq the maximum
allowable GRFA in cmnection with the secondary unit equals !*869 squale M, (i.e., 40oh
of 4,573). The plms as proposcd by B}vIS Partrerrtrip pmvidc for a total GRFA fon thc
secondary rmit oft!!4 squar€ fed wtrich io clcarly in orcess of the tl{)% neximun total
GRFA allowed. Therefore, 6e Tmm of Vail would be issuing an illegll prmit if it
gans a p€nnit nhich allows for the GRFA for the secondary rmit to €xc€ed 40%
aoccaing to the cusrcnt plan.
If thc Torm of Vail issucs a building p6mit which allowg BM$ Prbecrhip to
cmstnrct a secondary unit wittl GRFA in exccss of 40Vo of thc total allowablc GRFA in
violrtim of thc ogress povisions of ths Town of Vail ?.uing Codg we will have no
c,hoico but to ameod orn Complaint to includo an additional claim under C.RC.P. t06
d@orxdrlting tbe Town of Vail's abuse of ib discretiou in excess of its jwisdiction-
IL lhc New Phnr Contrln lfirtcrld Chengcs Wbich Rrqutrc lhslg!
Rsrricrw Boerd llnel Approvd
In rwioving thc ncw plurs, it is clcar tlut BMS Partncrship hrs madc malcrial
changes to the original plans approvedr by the Desip Rwiew Board on June 17, 1995.
For examplg a new site plan'wrs submited by BMS Paftnership to the Tovm of Vail ut
or about Scptember 25, 1995, which moved ttre building avelopc from the location
prcvlously epprorred loy the Desigp Rsvlar Board on June 17, 1995. The file reflecB thal
ncitber the Deeign Rsvisw Board nm thc stalf has yct fonnally apprwed the locatiot of
tho nelY buildinC envelopo.
Further, BMS Putnenhip submitrcd rwised floor plans rrpresenting to thc Dssip
Rcview Board thst it intends to bruild a rcsidcnco which no lqre€r has the EIIU as
coulaincd in the plans prcviously apprwed by the Destgp Revicw Board on lune 17,1995,
drrc to the TRO €nt€rcd by the Eagle County Court. BMS Partnership clnims thtr it is
t Flannery noeertics still asscrts thc miginal approval is void dus to lock of nodco
and jurisdiotim-
E'd f,'d I{)An t q'EI-*U9 l,62,=l@ S6. OT J-f,O
GANNHD T HECilI, P.C.
R. Thomas Moorhocd
Ostober t0, 1995
Pago 3
rcplacing thc EIIU with a largc "crawl spacc" at thc location prwiously reserrred for ths
EHII. In uder to accomplish this revision, BM$ Pannushtp proposes rcmorrlng a numbct
of windorryr, a door and a woodcn stairway previously appnoved as part of thc ortcdu
design of the north frcs of tho rcsidenco. IarrErr Waterton advisod me that ncithrr thc
Dcsig Review Boud nor the stafrbas approrred the proposed rwisims to frc crfictitr
dosigp of thc north ftcc of fts horse arising out of the purported replaceurent of the EIIU
with thc large crawl spacc.
Bccause of thesc rnaterial changcs, BMS Partrership is requircd to submit tho
rwiscd plans fu DosiSn Rcn'iew Board approval und€r the Tovm of Vait Zoning Codo.
For cxamplc, as lrart of final designrwicw, BMS Partnership uns rcqufued o submlt for
design rwiew the slte plan shwing tho cxisting md propooed layout of buildinp md
other stuctrcs, inoludiag dscls, patios, canopies, ftnces and u/a[s. Se Scs{ion
1E.54.040(AXlXd). BMS Parbcrchip apparcotly intcnds to build thc strucffc in
conformif with thc nsw site plan whic,h was nwer ryrriewed by tbs Desigp Revtew Board
as rcquirtd by Secdon 18.54.040(C)(l)(d) rc that it could address isruel suah as thc
propoocd layout of thc buildirup according b thc new site plan in orihr to dotormino thc
impact ou ncighboring properties.
Tbs rcmorral of thc windows and stairway also advccscly inpacts tbc oxtcrior
dcsic! of the building. Thc plans peviously appr,oved by the Design Rsvisty Bmd Et
loast prorrided fu a wcll balanced spacing of windowr alog the north ftcc of thc
proposed &rylq and thc EHIJ, thcreby giving trs duplex thc requir€d fccl of a
harmonious, singlo unir $99 Chapter 18.13 of Vail Zowng Codo, The ramoval of tho
windowg the doon and stainvaS coupled with tbeir roplaoernent with a bua brick wall,
advcrrcly aftcts thc cxhrior dcsign of thc proposed hornc and highlights thc frct that tbo
hdldiqg is, in frct, two separate living udts.
Sectim 1t.54.030(A) of the Towu of VEil Zming Codc provides in pcrtinctrt pct
that:
No pcroon shsll commence rcnroval of vegetation, sirc
proparation, luilding oonstirction or demolition, durnping of
mattcials upou a site, rign crcction, crdaEic altcratim r
onlrg:nrent of an existing strucurc, paving fencing q oth€r
v'd 3'd IFOSH ? oElllug l/dE2T,g, 56, OI IIO
GARFIEID & MOTT, P.C.
R Thomas Moofteari
Ooober 10, 1995
Pago 4
introvceffrts of opco ryaac within thc corporatc limits of tho
Towtt of Vail Code unlcss dcsigr approrral has b€en ganted
as dcscribed ln ftts chaper.
Section 1E.54.030(B) provides in pcrtinent part tha*
It shEU bc a violatio of this Chapter and thc building p€rrrit
for any pdson to comm€no€, oontinue or completo work that
bss not recch'cd desigp apeffival as described in this chapter
and/or is not in confomity with the plans approved and
adhdzed by thc zmlng adninisncor and/or l)cslgn Rrrview
Board aod tbe c;bicf building official
Thc purposc of rcquiriag rcvicw by the Desigg Rwicw Board is to (l) "eosurc tbat
built-up and opcn spaccs have bccn desigped so tbat thcy relate harmmiously . . . witb
sutromding dsvelopneif' and (2) "b ptdect neighboring pmpcrty olm€r8 rnd uscm to
makc $rtt that rcaomable prwirion has be€o made for . ..BiSt bufferr, end thc
prgcrvatim of ligbt aud air . . . .n glg Town of Vail Zoning Codc, Scctim 15.54.010.
Because of thc msl€rial changes discusscd above, it is clear that BMS Parhcnhip
is ttquired to rubmit the new rwircd plans for final dcsigl approval in ordcr to comply
with the prorrtsims and lntent of thc Vdl TnmgCode.l Ttris is particularly trua ln this
case when the adjacent land onmer, Flannory hoperties, has been given no opporunity
whatgoever to point ott the impact of the proposed layout of the building and othcr
stuoturw m neigbboring lots. If BMS Partranhip goes fwrvard based on the approval
of completcly dlfr€rcdt plans, lt shall also violate the zming code by cornpleting work that
has not received deslgn appmval as prcscdbed and urhic,h is not in confumity with thc
plms prwioruly appluv€d md authorizcd by h€ zming administraltr andc Dcctgn
Rsvi€rw Board on June 17, 1995.
z We are awarc of no prwision of the Zoning Code whic,h allows for ff"al aperor/al
of now plans a the strtrlwel.
s'd f,'d IFD3H I 0-]3I-SIJ9 1{4€:TB 96, 6I l.I
GABNEID T IIECtrT, P.C.
R Thomas Moorhcad
October 10, 1995
Pagc 5
Accordingly, thc purpose of this lcter is to again forrnally dcmand that the Towa
of Vail witbhold issuing a building permit for the dcrvelopment of the Bynne Prcpcfty mtil
BMS Partnership properly gubmits ille n6w, rcvised plans for Design Rcyicry Board
approval as rEquirEd by thc Torw of Vail ZorriryCode. If the Torrn of Vail refus to
do so and issucs a buildingpffinit wihout obtaining ftrrl design rsvicw of thc new plans
as requfu€d by the Toun of Vail ?*nlng Codc, we will hrve no choice but to amend ou
Complaint ounently filed in Eaglo County Court to include m additional claim under
C.RC.P. 106, dlc to thc Town's Ebusc of ib dis€Gtion in excess of its jruisdiction.
ff. Ihc hrportcd R:novel of thc EIIU ls Intondcd to Clrcunvent the TRO
The purportcd removal of the BIIU by BM$ Partnership is obviously designed to
oircunvcot tho Terporary Rcstraining Order entercd by Bagle County Court on
Sepember 25,1995. As set fo'rth abovg the new plns subrnitbd by BMS Parhership
after Eagle Couty Court cnteted a TRO restaining tbe Town of Vail 6o6 issrring a
building pctmit which allowcd for thc rnchuion of an EHU or the additional 500 GRFA
purporbaty rErnovc thc EHU from thc plans of lhe residcnce to bc oonstnrcted md
reploccs it with a large "crawl space."
From a dcsign perspcstive, the inclusim of this purportcd uclawl spacerf makcs no
sense and has clearly beenptrscnted to thc Tonm of Vail in order to circumvcnt the TRO,
wec though BMS Parhership har noreal intention of building accuding to the plans nmv
subqitted by ths Towa of VEil. In fact, the Town of Vail has admitcd tbat it is well
aware that B\[S Parhorship's tuo intent is o obain EIIU approval nafter the frct" and
bcforc thc "crawl spacc" is actually constucted. lVc are shooked tbat tho Town of Vail
wotld evEn consider, let donc allow, BMS Parbaship to chcrrmvent the TRO and the
Desip Rst'iew Board apprwrt progess throug[ this obvious dnrade, particulrrly i! ligbt
of tho fact thct we beliwe that such a circumvention of the TRO oould subjcct bofh BMS
Partncruhip and ttrc Town of Vdl to enforccmcnt proceedings. Wo do not belicvc rhar
Judge Jmcs wi[ tolcraic such proccdrual gamcsmnnship rrndertaken for the sole and
obvious purpos€ of udermining thc effcct and intcnt of his Order. If the Tsrvn of Vail
chooses to igporc the TRO and issues a building pcrmit to BMS Parhership basod on this
obviors charadq wc will havc no choicc but to filc enforc€m€nt proc€oding in Eaglc
County Court.
9'd f,'d JJ{3}| ? qTlIJr*Jg I/4E=IO 56. gI L:P
GARFIEID & HECIIT, P.C.
R Thomar Moorhcad
October 10, 1995
Pagc 6
IV. If ttc EEU lr Subscquently Added, Ncw lrclig! Approval Will be Required
Duc to tho llflrtcrial Chrngcr in ttc Plans
If the Torvn of Vail is willing to igpcre TRO and the Desip Rstrieu' Board
apprwal prooess and allos'BMS Parhership to add the EHU "Bftcr the frct" the Town
of Vail Zoning Codc clearly rcquire that BMS Partnership obtain final dcsrg approval
in conncctiou with the rsvised plans for the rsasons stated abovc.
Y. Conclurion
Pleasc contact rno as soon as possible whcn the Tovm of Vail will sub'mit the new
plans for formal Desigt Review Board approval as required by the Town of Vail Z-mmg
Code. Alternatively, if the Town chooses to ignore the requircments of Desip Rsvierv
Board final a14nwal, please cmtact me when the staff formally appro\rcs tbe lotest
rwisions pmposed by BMS Partnmhip.
As I mentimed to you befme, we ar€ cunently scheduled to have a hearing on
Flannery hopemies' Motion for Teurporary Rcstaining fuer in Federal Disuiot Court
on Wednesday, October ll, 1995, at 4:00 p.E. I will contast you regording thc rcsults
of that TRO hcaring.
we imk foilard to hearing firom yor alt soon as possible.
Sincerely youn,
GARFIELD & HECTIT, P.C.
DLL cah
oc Mike Flannery
fiannrry\tt\noorlnaA02
"eAr*JX&,,tu-Davld L. Lenyo C11l-'
L'd 3'd IH33H t q.13l-+lu9 l^ldIE:TA 56, OI l3O
. ZONE DISfNICTS' l-ltlae ' 't
Lltl-l_t..: rrr.r lJ
LICIUT Block ? sulaivision
^BcnrfEcr *{l-l,cor" _... . prroNE kat4+ei
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PnoPosED uss ?[6 + qU
I,oT sIzE \6r?"/t _ BUITJDI\BI,E Lo4 AREII
Hciqht
rOCAI GRFA
Primary cRF
tggTiow c-RE^ l%,_ + -428
Sourackr Front' Sides
Rear
slEo covoraec ( t6ofo)
Landscaptn s (ttoPlp nhl
neeainlng nall uoighus.
Parking
Garaga Credit
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Slngls Fomily .FOR
Residence, Duplgx,/gecondary
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Conplloe with T.o.v. tighLing Ordinanca,
lfaler course Sotback (301 150)
Do Flnlsh crodos Exceod 2:1 l50t)
Environmoa lal /na zards :
Ics
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f,'d llo+l 3 qEl4lrg l.ldlg:Ia S5, gI LI8'd
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view Corildlor Encroachnont: yos
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Previous eondlLlong of approval (check proporly fllel:
o *r, tr, *,
Fletum to LAUREN WATERT0N
Town Planner
INTER-DEPARTMENTAL REVIEW
PROJECT:
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:A.+*e
BRIEF DESCRIPTION OF THE PHOPOSAL:
Satts^ul (\awa.
PUBLIC WORKS
by:ftnt lfttlr:€L Date:q4.q5
Comments:
rh\arr.;(cLli)A.:t\neArneso*r .n Jha eoqk s'de rS too sye€pr. t@ g\of\
aneeO to 5c aroprd co.rYa,rs lq I fg jri € an tre wasY odo -
'(oo VrOntO 9r$ra qradinl geobEns '€@P{.otr
1on,. cc.cerreA cl*o tJY\e ccsiD"A\ o$ rra qrf ltl ft\ \ooo\Aef'Jo\\oc tfP
.r\eqt509' 1v*nr grobaU\1 /Fal a hca'qrA\l' -ftot€'l r's\t sr^<r$ be nohlqlg
Yhot\u''
trrLd tlrl1l
Oo7
Betum to LAURBN WATERTON
Town Planner
INTER.DEPARTMENTAL REVIEW
PROJECT:
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
BRIEF DESCRIPT]ON OF THE PROPOSAL:
?ptv? 51T€
@),erJtrA "4'r4'4F'
t4Avhn€tr-
rorto.:Cd q'\r'nf . .eru..vA q'\1'q9 .
PUBLIC WORKS
Reviewed b!r:Tent Date: q'19 nS
Comments:
t.dcreo',lo{ Cv|N ota@6&r{'ol6tto-* '
'*n^t *., .
,. Sh0$'r,ohav haQ0cns of e*icvr1 t*1',:31*
;.T;;r" .^16\cill [eavtortnvo tru4tsnn1iode*rxn tte errtrnlroorr '
!-)r xrooo' t'gsotth\I'
trixd tlrJll
TOWN OFVAIL
75 South Frontage Road
VaiL Colorado 81657
970-479-213V479-2139
FAX97M79-2452
Department of Communiry D evelopment
September 19, 1995
Mr. Ron Byrne
Ron Byme and Associates
285 Bridge Street
Vail, CO 81657
RE:Lot 5, Block 7, Vail Village 1st Filingil26 Forest Road
Dear Ron:
I have enclosed a copy of the Restrictive Covenant that must be completed for the Employee
Housing Unit that will be located on Lot 5. As I mentioned in my letter of June 15, 1995, this
deed restriction must be completed prior to issuance of the building permit for this project. Please
complete this form and return it to me immediately.
lf you have any questions, please feel free to contact me.
Sincerely, ., tt II
LtLbt r/.fuW/4<a!+tt-
Lauren Waterton I
Town Planner
f|p^*"uo'*o
.. .L
a o
TOWI,I OFVAIL
LI|WP
75 South Frontage Road
Vail, Colorado 81657
97G479-2 1 07/Fax 970-479-2 I 57
March 13, 1995 -
March 23, 1995 -
March 24, 1995 -
April T, 1995 -
April 10, 1995 -
April2l, 1995 -
4pil24, 1995 -
Ofice of the Town Attorney
August 29,1995
David L. Lenyo, Esquire
Garfield & Heacht, P.C.
601 E. Highland Avenue
Aspen, CO 816ll
Re: Review Process for 126 ForestRoad
Dear David:
The following is a chronology of public notices and meetings for the review of a Conditional Use
Permit for an Employee Housing Unit and Design Review Board approval of a new
primary/secondary located at 126 Forest Road, Lot 5, Block 7, Vail Village lst Filing:
Application submitted forDRB review, a conditional use permit for aTlpe
tr EHU and two additional 250 square feet of GFRA.
Notice regarding the public hearing for the conditional use was sent to
adjacent property owners.
Notice published for April 10, 1995 PEC meeting.
Agenda published for April 10, 1995 PEC meeting
Item was tabled the day of the meeting at the request of the applicant. The
item was tabled until the next meeting.
Agenda published for April 24,1995 PEC meeting.
Once again, the item was tabled at the request of the applicant. It was not
tabled to a specific date.
{9*"n"uoruo
d
f,
May 5, 1995 -
May 8, 1995 -
May 16, 1995 -
May 12,1995 -
May 17,1995 -
June 2, 1995 -
June 7, 1995 -
Agenda published for May 8, 1995 PEC meering.
The conditional use for the EHU was approved by the PEC
The item was heard by Town Council as a result of a call-up. A condition
was added that the EHU must comply with all future regulations related to
employee housing.
Published notice for May 17, 1995 DRB meeting. This item was published
as a conceptual review.
Reviewed conceptually at the DRB meeting.
Published notice for June 7, 1995 DRB meeting. This items was published
as a conceptual review.
Received final DRB approval. It was listed on the agenda as a final review.
August l, 1995 - Building permit application was received in our office.
We believe that all publication requirements were met and we can find no basis for failing to issue
a building permit as approved once all requirements of that application are fulfilled.
h addition to the publication requirements, it appears that your client has been represented by Art
Abplanatp throughout this process as it was Art who brought to our Community Development
Department's attention the fact that there were private covenants which pertain to this property.
It is clear that your dispute is with Ron Byrne and that the Town of Vail is not responsible or
involved in the resolution of those issues.
Likewise, if the approval does not conform to covenants that your client has an opportunity to
enforce, that enforcement must be done in a forum other than the Town of Vail permit process.
lauren and I were happy to meet with you and Mr. Flannery last Wednesday, August 23rd and stand
ready to provide any additional information that you may feel is necessary.
Very truly yours,ffi
Town Attornev
RTM/aw
xc: Lauren Wut"rton /
Arthur A. Abplanalp, Jr., Esquire
Jay K. Peterson, Esquire
"l
JOHN W. DUNN
ARTHUR A. AEPLANALP. JR.
ALLEN C. CHRISTENSEN
OIANE L. HERMAN
TELEPHONE:
(970) 476-0300
. TELECOPIERT
1970t 4'16-4763
KAREN M. DUNN
CER'IPIEO LE6AL A53I5'ANI
Law OFFtcEs
DUNN, Aeptnr{eLp & CHRISTENSEN, p.C.
A PROFES!'IONAL COFPOR.AIION
VAI L CIANK BUILDING
SurrE 3oo
I 0€l SoUTH FRoNTAGE RoAD wEsT
VatL, CoLoRADo gt 657SFECIAL COUNSEL:
JERRY lfl. HANNAH
9 August 1995 -.dMs. Susan Connelly
Department of Comnunity Development
Town of Vall
75 South Frontage Roadvail co
HAND DELIVERED
Mr. Gary MurralnBulldlng Inspector
Town of Vall
75 South Frontage RoadVaII CO 81557
HAND DELIVERED
Mr. Tom Moorhead
Tordn Attorney
Town of Vail
75 South Frontage RoadVail CO 81557
ITAND DELIVERED
Re: Lot 5, Block 7, Vall Vlllage Flrst Flllng
Thls Office represents Flannery Properties, which 1s the ownerof Lot 6, Block 7, Vall Vlllage Flrst Flllng, together wl.th an
easement across the above property. Our cllent asselts that it isthe owner of a portlon of the above property as a result of certalnactions and representatlons of Mr. Ron Byrne and BMS Vall LlnltedPartnershLp, the owner of the above property at the tlme of thesale of Lot 5 to Flannery Propertles. Those lssues are now 1nlltlgatlon, an actlon havlng been lnltl.ated ln the Unlted StatesDlstrlct Court for Colorado to establish tItle to the aboveproperty ln Flannery Propertles. A Lls pendens has been ftled lnthe Eagle County real property records ln order to provlde thepubllc wlth notlce of the lttlgatlon and of our cllent's Lnterestln the property. A copy of the Lls pendens accompanles thtsIetter.
NotwlthEtahding our client's lnterest in the subJect property,
/o
Its present owner has flled wlth the Town of vail a title lnsurancepollcy apparentty lssued ln 1989 or 1990, prlor to our cllent's
acqulsitlon of an interest in the property, purporting to establish
evldence of tltle to the property ln the developer. The Tolvn of
Vall has relled upon thls out-dated lnfornatlon ln processlng the
appllcattons whlch have been consldered and are nogt belng
consldered by the Town of VaIl, and was provided false lnformatLon
upon whlch the Town relied ln circulatlng public notice as requlred
by the Val1 Munlcipal Code. This process has had the effect of
endangerlng, if not eltminating, our client's rights, whlch are
betng adJudtcated ln the pending littgatlon and whLch are
establlshed through documents of record.
AE a result of this sttuatlon, the purpose of thls letter I's
to reguest that appropriate action be taken to Prevent further
permlttlng related to and development actlvitles on Lot 5, Block 7,ValI Vlllage Flrst Fillng, unttl such tlne as the pendlng
lltlgatlon ln the United States District Court determines the
rlghts of the partles to that property.
Wlth respect to the adrnlnlstratlve process wtthln the To$tn of
Vall, a number of problems have been ldentified. Among those are
the followlng:
1. The Town of Vall $tas glven an erroneous address for
Ftannery Propertles and Mr. Mlchael Flannery, its contact person'
as a result of which the owner recelved no notlce of the hearlng
earller thls year on the questlon of the authorizatlon of an
employee housl.ng unlt. A copy of the lnformatlon submltted to the
Tovm of Vatl acconpanies thls letter. The address whlch I as
supplled to the Tolrn of Vail by Mr. Byrne and his representatives.
was the followlng: Ac4ut,,4-
19330 Wlnged Foot Clrcle tt^tt{ ut'
uorthridg6 ca 91326 'l.:t'"t-
The address for Fla-nnery Propertles and Mr. Flannery whlch Ls found 'tcttl
in the county records, has long been known and used by Mr. Byrne Is 6+ur*the followlng: ., t
16t30 Filbert street lYrLtrrv4
syrmar cA s1342 '"li:"Mr. Byrne v'ras aqrare that the address glven to the Town of Vall was
inaccurate, and has, for a nunbei of years, regularly and l7r&'lt,n,d la
contlnually corresponded wlth Mr. FLannery at h1s correct address,includlng the direction of b1lllngs for Property malntenance,
negotlatlons, and dlscusslons regardlng the development of Lot 5.
An example of that correspondence follows this letter. Mr. Byrnealso vras ar.rare of the fact that, tf Mr. Flannery had the
opportunity to revLew the three-dwelling unit proposal, he would
have strongly obJected to the proposal . There can be llttle doubtthat the Town of Vall was glven an erroneous address ln order to
avold Mr. Flannery's lnput regardtng the proposed proJect. M^-t-Further, late last year or early thls year, Mr. flannery contacted l'fflr*pthe Department of Communlty DeveloPment' voLced hls concern" app,rc4rd
regarding the development of Lot' 5, and was assured that the 3lt3l75
proposal approved by the Town of VaII ln August, t994, lras the
current proposal . As a result of the erroneous lnformatlon glven
to the Town of Vail by Mr. Byrne or his repreEentatives, l{r.
Flannery was unable to review the proposal whlqh ls the basls for
the curient development plan at ttr6 tfhe of the hearlng. The lack\
of notlce to the adJolntng property owner lnvatldates the approval ,\ )
whlch lras granted aL tne trelrtng whtcn occurred wlthout the notlcg,/ '
requlred by the ValI Munlclpal Code.
2. Accordlng to the records of the Town of vall, the Deslgn
RevLew Board meetlng whlch occurred on the ?th of Juner at whlch
the Town of ValI took actLon glvlng flnal approval to the Lot 5
proJect, was not to consLder that, issue. The agenda which was
issociated wtth that meeting, for the purpose of publlcatlon and
notlce to the publlc, lndlcated that the matter would be consldergd leUEonly upon 'lconceptual revlew". A copy of that notlce ls enclosed.
That flnal conslderation and approval of the proJect Ytas once
agaln, therefore, wlthout the required public notlce, in vlolatlon
of the VaLl Municlpal Code.
3. The Town of Vall's analysis wlth reference to set-back
Ilnes for the lmprovements proposed for Lot 5 are premised upon the
assumptlon that the set-back llne is that established by the plat {
of vall Vlllage Flrst Flllng. If, as our cllent exPects, the deed
lnto Flannery Propertles is reformed to establlsh the lot llne
represented by Mr. Byrne at the tlme of the sale to Flannery
Properties, tne setback wlII be violated by the proposed
lmpiovements. The uncertalnty of the setback llne ts establ'lshed
by the lls pendens.
4. The Town of VaiI's analysis wlth reference to permitted
gross resldentlal floor area and slte coverage ln assoclatlon wlth
tne lmprovements proposed for Lot 5 is also premlsed upon the 7
assumptLon that the size of the property owned by the developer ie
that establlshed by the plat of vall vlllage First Flllng. Agaln,
Lf, aE our client expects, the deed into Flannery Properties ls
reformed to establlsh the llne represented by Mr. Byrne, the lot
wlll be slgnlflcantly smaller, and the proposed lmprovements would
violate the GRFA ltmltatlons and site coverage llmitatlons
establlshed by the smaller lot slze. The uncertalnty of the slze
of the lot actually owned by the developer ls also eEtabllshed by
the lls pendens.
5. The developer ls unable to construct the proposed
lmprovements, due to the fact that the deed under whlch the
property was conveyed by its former oetner contalns covenants whlch
iequtre that the constructlon occur according to certaln plang
attached to that deed. The deed requlres that the improvementE on
Lot 5 be set back approxlmately 50 feet from the etest proPerty llne
of that Lot. The-proposal -whlch the Torntn of Vall has under
conElderatlon woula permtt constructlon wlthln 27 feet of that
property line. Addltlonally, the provlslons of the covenants
permft only a slngle farnlly d*e]ltng wlth a care-taker unit, whlle
Ltre plans -subnltted to and approveO Uy the Town of Vall would
perntt a two-famlly unit with an additlonal employee houslng unlt.
The documents whlCh establlsh these llmltatlons, and whlch "runwlth" both Lots 5 and 6, accompany thls letter.
Sectlon 302(d) of the Unlform Building Code, adopted by the
Town of VaLl, provldes as follows:(d) Informatlon on Plans and Speclflcatlons. Plans and
speclflcatlons shall be dra!,tn to acale upon subatantlal paper
oi cloth and shall be of sufflclent clarlty to lndlcate the
location, nature and extent of the work proposed and show ln
lue
.""ry
fr16
o^''.b"L.o,.j
trr<
detall that lt wlll confo to the isLons of thls code and
a1l relevant laws, o ces
Town
Sectlon 303(e) of the Unlform Bulldlng Code, adopted by the
of Vall, provldes as followg:(e) Suspenslon or Revocatlon. The butldlng offlclal may,
ln wridlng, - suspend or revoke a permlt lssued under the
provlaionJ of thls code rthenever the perrnit
on the basls of tnE6rrect--fnforlnatton supplled in
vlolatlon at ran
provlglons o lsc Emp
Based upon the foregolng lnformatlon and appllcable
regulatlonsllt ls aPParent-that no bulldlng permlt should be
lssued for the Lot 5 proJect, and that the Town of ValI had no
JurtsdlctLon to grant the Planning and Envlronmental Connlsslon or
bestgn Review Boird approvals whlCh occurred, and that the butldlng
permtt lssued for thai project should be suspended or revoked.
Our cllent ls confldent that the actions of Mr. Byrne and the
repregentatLons made by Mr. Byrne ln associatlon $tlth the purchase
of Lot 5 wlll warrant entry of Judlcial rellef modlfylng tle
ownership of the etestern portlon of Lot 5, in accordance wlth the
represenlatlons of Mr. Syine and his later actlons (includlng the
usl of our cllent's landscaplng deposlt for the development of- a
portion of Lot 5). At tnts-time, the Town of Vail hag the
6pportunity to maintain the status quo, protecting th-e ri-ghts of
thbse affected by Mr. Byrne's-actlons. The lnJury suffered absent
such actlon wlll be lrreparable. Accordingly, our cllent requests
. : ,-"
that the Tolrn of ValI take approprlate actLon to resclnd the
prevLous approval granted for Lot 5 development, based upon the
ialse lnfoimatlon submLtted to the llown of Vatl as well as the
other reasons noted above, and wlthhold any further processlng of
appllcatlons or permlts, Lncludlng but not llmlted to any bulldlng
peintt, until thA lltlgation Ln the Unlted States Dlstrict Court ls
reEolved.
We thank you for your conslderatlon of the lssues presented ln
thls letter, and for your resPonse to those concerns. Please
advlse us at your earllest posslble opportunlty whether the Toltn of
Vatl ls in agleement that the approvals were wlthout authorlty and
that furthei pernittlng of the Lot 5 improvementE shall cease
and/or be suspended, ln order that our cllent may make the declslon
whether or not lt !s necessary that approprlate actLon may be taken
to Judlclally ternLnate such actLvities.
AAAJT
Enclosuresxc: Ms. Lauren waterton (w/o enclosures)
Mr. Andy Knudtsen (w/o enclosures)
Flannery Properties (w/o enclosures)
bry trul
DUNN, AB
r
' -j1$v'xqns;le J eQPPi tt
'ttl\.r|, l
a,A
.{i
5 ; 12 :07Pl,t ;3034700?4?;S
r-erren{or cREDtr FoFlrAT
ffifrffiwg,?Ha
Addnrr
Drn of E$lrrllon:
)
Ifl$09 S.E$BEFEREc". end 9nrered Inh hte tJO_WdftrA- tffi,ovR$En+". and 9nrered Inh hte tJO_g a
119.?ltl919 Bflnfif,'FiiFf Enrp - (herelnertor cals-cr rhe 'oaverffilG-o ui-ro-vifruF vAlL (neretnattsr called the TownJ
Y.I:FEAS, tho Devcloper, os a condlflon ol approvat 9f l[6 r,qr . 5 , Blk 7, va i 1plans, dalEd l9-, wish66 lo onter Inlo a Developeilmproiement---vlrragelst Fifigr
f
Agreement; and
'W.TheDeve|operahat|Gomp|eti'|na.goodworkman|i|Gmanner,E|l
WHFBE4S' the D.velopof ls obllgtted to provldc rcudV or collateral rufffclent tn thr
Judgment of the Town to mEke'reEeonabl-e provtgtbnc lor complalon oicerrarn 161provem€ntg
8et torth below: and
. WHEREAS' lhe Devdopff wlshos to provlde collateral b gua6nta. porlomance otthls Agreement, Inctudlng consirucllon ol the'allovereterencod rniproverienie by naans of thelollowlng:
3::ffi:l;tntd-lr,dtiarylh a bner pr credtt wlh a Eank t! Easle corlnry In a dolar
s€curtty tor he toilo*ingi16%
o:t" Tt coEt of the $tod( etrown betor) t6 prov'e
rMpRovEMENr t ' I
?<lurn *he si+c to nahar*l bnd,r*ton5inclnotinq fureold?.{,r.on Dl Yne. S lk
Nl nahXro"l Sefr.a r,ni{.1 v
Now, THEREFORE,In coneideratron of he fofrowrng mutuarcovenants andagroamsnts, thc Developer anq tho Town agree aa tollows: t
1' The Developer _agress, at lte aole cost and oxpenre4 to fumlsh alt equlpmcnt
1?114",!r;1ip.?i.gU to p,artorm and comptete at rmp,rovemenG, bn o, bofore
, ljl|l:19{.1!6lltt
.9 ebov6, ln accordance wlh ail plane ari'd specitrcattons ftlEd In thi' orilco 0r mB communlty.Dsvslopmont Dapadment, h6 Town of vhl, ancl to do allworkincldental hereto accordlng to ino in compllurce with tha foilorlng:
Such -other deslgnr, drarings, map:, speclllcatioh8, gt(etches, End ourer manersubmltted by lhe Developor to be ipproveo by any ol tre above-rsferencadsubmltted by the Developor to be approved by any ol ne oov+referencsd tgovemmanld entitiee. Alt satd woft ehall be iond under he inspecdon of, srd
!-ttr.e.s-ailstaction of, the.Tlvrn Engineer, hs Town Buildtng OmiH, oi otrer:IlllJl* t\,Trll of Vait, ae afeded by ryeciat o'ietds6 or service dtrrrtcrr,as ngr rcapcc$ve Inhr$t may eppegr, and ghallnol bc deemad comolala unllas thelr rcspcctfue tnhred may eppegr, ani nol br deemed complete unill
Pg^oJAi!9lfopJ6d as cometeied by the Town of vstr Corrnunituwe|opmont Department and publlc Wo*c Department.
2' To secure and guerenba perfomance ol lts obllgauons 8t set forth hereln, thF.Derreloper aereee to provlde securlty and comrerai; ioiio;--zt-i ch6
^
wr w/
' prse r or3 1lVLC',, tOW n.
(
t
i
,t
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TOWNOF VAIL RD,CEIPT I\P.-
DEPARIMENT OF COMMT'NITY DEVELOPMENT
DATE
CHECXS MADE PAYAALE TO TOWN OF VAIL
lmu llor A,|X -cmla tlttlrl,
0l 000041540 ZONING AND ADDRESS]MPS ti5.r.,()
0l 000042415 UMFORM BUILDING CODE $54.00
0t 0000 424t5 UMFORM PLI,]MBING CODE $39.00
0t 0000 42415 I'NIFORM MECHANICAL CODE $37.00
0t 0000 42415 L]NIFORM FIRE CODE $36.00
0l 0000 424 l5 NATIONAL ELECTRICAL CODE $37.00
0l 0000 424t5 OTIIER CODE BOOKS
0l 0000 41548 BLUE PRINTS (MYLARS)$7.00 *
0l 00M 42412 XEROX COPIES $0.25 'lol 00ffi 424t2 STUDIES
ul utJw 4z4tz TOVFEES COMPUTER PROGRAM s5.00
0l 0000 4237t PENALTY FEES / RE.INSPECTIONS
0l 0000 4t332 PLAN REVIIIW R.E-CHECK FEE t$40 PER HRI
ol 00ffi 42332 OFF HOURS INSPECTION FEES
o1 0000 41412 CONTRACTORS LICENSES FEES
0l 0000 41413 SIGN APPLICATION FEE $20.00
0t 0000 41413 ADDI'|-IONAL SIGNAGE FEE I-$I.OO PER SQ.FT.I
0l 0000 42,140 r'TC ART PROJECT DONATION
0l 0000 41331 PRE PAID DESIGN REVIEW BOARD FEE
01 0000 42371 INVESTIGATION FEE ( BUI LDIN6)
31 0000 451 l0 TOV PARI(INC FUND
0l 0000 22027 TOV NEWSPAPER DISPENSER FUND| 0l 0000 2t I t2 TAXABLE @4% (STATE)* 0l 0000 4t010 TAXABLE @4% CrOwN)0l 0000 42371 BqILDING INVESTIGATION /
l4)OoO -2z czL OTHER 'l\(. _9*,--,. 4&110.**I /r+z.L
r,.I'(j AfPLICATION TEES
0t 0000 41330 ADDITIONAL GRFA "250'$200.00
ot 00q)41330 CONDITIONAL USE PERMIT s200.00
0l 0000 41330 EXTERIOR ALTERATION [LESS TTIAN IOO SQ,FT.I $200.000l 0000 41330 EXTERIORALTERATIOW $500.00
0t 0000 41330 SPECIAL DEVELOPMENT DISTRICT INEWI $I.)(ru.000t 0000 41330 SPECIALDEVELOPMEM $ 1,000.00
0l 000041330 SPECIAL DEVELOPMENT DISTRICT I-MINOR AMEND $200.00
0t 0000 41330 SUtsDIVISION
0l 0000 41330 VARIANCE $250.00
0l 0000 41330 ZONING CODE AMENDMENTS $250.00
0t 0000 41330 R.b. ZONING $200.00
OTHER
OTHER atroaMTrf.so
COMMENTS:
"aaREC.SLcAsu r- , ,*.,, I l(4 r !,r. o Ll
oo
RECEIPT - The ro)n,-- Vail
hrmit Numbers
t'w PAtD-c ^n # l73f
46921
t ^ Ront
TJYRNE
&A550ftATE5
REAL ESTATE
285 BFiIDGE STF|EET
VAJL. coLoRADo 81 657
970/478-19El7
June 19, 1995
Lauren Waterton
TOWN OF VAIL
75 South Frontage Road
Vail, CO 81657
WA FACSIMILE NUMBER: 479-2452
{
Dear Lauren:
I apologize for the delay in getting the plafonn off of Lot 5. I have been traveling and did
not return to Vail until the week of the 15th.
The deck has been disassembled, not only the railing, but the rest of the deck removed from
the posts. It is my hope to have the remaining pieces of the deck removed and to a storage
area in the very near future.
the delay and thank you for your consideration.Again,
FILE COPY
75 South Frontage Road
Vail, Colorado 81657
303-479-21 38 / 479-21 3e
FAX 303-479-2452
June 15, 1995
Ron Byrne
285 Bridge Street
Vail, CO 81657
RE: Lot 5, Block 7, Vail Village 1st Filing
Dear Ron:
Departrnent o;f Community Development
The Design Review Board approved the plans for a primary/secondary residence and an
employee housing unit to be located at the above address.
As you know, on May i6, 1995 the Vail Town Council amended the Planning and
Environmental Commission's approval of the conditional use permit for a Type ll Employee
Housing Unit. The Town Council added the following condition that this unit must comply
with all future changes to the Employee Housing Ordinance. The deed restriction for the
EHU must be completed prior to issuance of a building permit for the project. Please
contact me and I can provide you with the necessary papers.
As a reminder, the Design Review Board approval for the temporary observation deck
expired on June 4, 1995. I noticed today that only the railing of the deck has been
removed. Please remove the remainder of the deck by Tuesday, June 20, 1995. lf it is
not removed at that time, lve will need to cite you into court.
lf you have any questions, please feel free to contact me at 479-2138.
Sincerely,
l//r"-*" A)*rrfr,,r
Lauren Waterton
.Town Planner
xc: Jay Peterson
-_':-.:---_::...
ilign Review Action FOn
TOWN OF VAIL
Yw F?,'t--x ( o, v\rY,
Category Number
Prolect Name:
Building Name:
Proiect Description:
Owner. Address and Phone:
ArchitecVOontact, Address and Phone:
/'-
Legal Description: Lot '1,-- Block J- Subdivision
'r->l rZoneDistrict 1 l )--T-
Project Street Address:
Comments:
g ' Q(,,(o
Town Planner
o",", \t ril.i ? ,- [((l-:
)
--TT,ri4"Fe!{"aw'
,
-a j . .'' .
!}'
Oftgn Review Action Fo;
TOWN OF VAIL
Category Number
| --tt?
Project Name:
Building Name:
Project Description:
Owner, Address and Phone:
Architect/Contast, Address and Phone:
Legaf Desoripti on:tot LA Block
ProjectStreetAddress'. I +- U
Zone District
ffiii
Motion by:Vote:
D Approval
fl Disapproval
X starnpprovat
Seconded by:
Conditions:
| /t*n3un- l'l 4--rk,r,
l) -,,
DRB Fee Prc-Paid W'/ L) I /( )
I
a.at.d alLT lra
DESIGN RSYIEVI
DATE RECEIVED:
DATE OF DRB MEETING:
***attlt*t*
TNCOTIIPTJBTE APPLICATIONS IITAY NOT BE SCHEDWED FOR REI|IEW.
!t**!ll**ra*t
I.
A.
?cEIvDDAPR24€96
BOARD APPLICATION ' TOI{N OF VAIIT, COIJORADO
W:
DESCRIPTION:
EI TYPE OF REVIEW:
New Construction ($200.00)
Addition ($50.00)
\ *irror AtteraLion ($2o.oo)
ConceptuaL neview ($0)
C. ADDRESS:
D.LEGAI, DESCRIPTION:
Subdivision
If properUy is described by
description, please provide
to this application.
a meets and bounds
on a separate sheet,
legal
and attach
E. ZONING:
F.NAI'{E OF APPLICAIflT:
Mailing Address !
G.NN,TE OF APPIJI
Addre
APPIJICATIONS WILL NOT BE PROCESSED WTTEOW O''NEN'S STGUA:TURE
Condominiun Approval if applicable.
DRB FEE: DRB fees, as shown above, are Eo be paid at the
time of submittaL of Ehe DRB application. rJater, when
applying for a building permit, please idencify the accuraEe
.riiuiti5n of Ehe propolat. The rown of Vail wilL adjusc the
fee according to itre- tabte below, !o ensure the correct fee
is paid.
//Zo,oo olzL
AA'J-
H.
T
,t.
EEEICHEDUIEt
VAI,UATION
$ 0-$ 10,000
$ i.o, n0 j. - $ _50, 000
$ 50, oo1 - $ 150, ooo
$150, 001 - $ 500, 000
$500,001 - $1,000,000
$ Over $1, 000, 000
DESIGN REVIEW BOARD APFROVAIJ EXFIRES
APPROVAIJ I,NIJESS A BUIIJDING PERMIT TS
IS STARTED.
FEE
$ 20.00
$ 5ij.00
$100.00
$200.00
$400. 00
$s00. 00
ONE YE,AR AFTER FINAII
ISSUED Ar{D CONSTRUCTION
dress:
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P.C. A-I.A.
LOT 5
126 FOREST ROAD
VAIL, COLORADO
REVISION:
A>t-s
,ob No. 19040 Sheet:
AA-l1DfI$|o: M.E.F.
u,7,/4|q6
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11c- 41q-2qsz
04/18/58 I'uE 13:60 FAtr 303 I 2g 2282
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PSA DENI'ER @ oor
FAXTRANSMITTAL
DATE:
TtO:
FROM:
PL|t..t t.rtr.g & Asrociatrs
Arrht!d!, BC.,Al^.
Main Ofte
1000 ! Frlrt4c Roac \ l
vdl, co E 1557
lor 97O 4?6 t608
ploal: 9n +!6 4113
Or Lbor ClTcr
llm SAcdredfi St
9Jrtr 5l5
Drnvrc CO 8Ct02
ld( 103 523 2]62
thq:: 303 621 3155
RE:
DOCIIMDITTS
IRANSWTIED:
Nunber of Prgcr (tncludirg thir covcr rhcct):
AHL TI
Ttis ficsi'ilc ir idco&d @ly fu thc ad&crrcc nod may conain informatim rhut is privitegad and cooddcntiol' rtk rcader of ois
mcss.gc is not thc intc,ldcd r€cipi@q y$ E! hc*
.by Ttift3 d, * *t*"rtioo' dis6itutim cr oopyiog of fir comnunicetioo ir
Sidb dftftod. 1; yor nnrc tufov,J bs .onttttloicrtioo io o-ii "t *tiry us ironediatcly by tclcPho*' b .trego fc ite rcilrn
lbrltYol
Etrnsoissio isuratidrotcy, cortrct ecodcr by phue ' (303) 623'3355 or fsx-Q03)623'2262
PIERCE, SEGERBERG & ASSOCIATES
.^ i9#tttfJatt,"'",t'
t
;*'" #'. DENVER, COLORADO 80202
(303) 623-3355
FN( (303) 623-2262
LffiTtrilOF TRANSnflITTAL
"^" 4lltt lqu 1"""' lqc1o.ooo"'*'"* LnUreM lilnTEQTa'lRE: LrsT 5IZb FOEEAT K D
WE ARE SENDING YOU N Attached n under separate cover via Fe> Etl the following items:
n Samples E Soecifications! Shop drawings
! Copy of letter
Prints
Change order
!
tr
tr
C
Plans
coPtEs DATE NO.
4l ttz '7 i/aaouc ttAoDttrta+TtoN5
THESE ARE TRANSMITTED as checked below:
,4 For approval
n For your use
E As requested
E For review and
tr FOR BIDS DUE
!
tr
I
tr
Approved as submitted
Approved as noted
Returned for corrections
! Resubmit
-copies
for approval
! Submit
-
copies for distribution
n Return
-
corrected prints
commenl
19
-
N PRINTS RETURNED AFTER LOAN TO US
REMARKS
IM NEV
q)n/ry14[7<. fr3' b23' 335,T-
ll encloeures are noa a8 noted, klndly notily ua et onca.
\ot}\gYed ha,r,,{\}zlrru">
t\ont*-r Evev*nail
tf4t = 1r-6l
Picdca
Scgqbcrg &
Architcctu
P.C. A.I.A.
LOT 5
126 FOREST ROAD
VAIL, COLORADO
REVISION:
Ast- t
,ob No. 19040 Sheet:
AA-Vrh,n M.E.F.
",. rf u l1g
P;..€
Scg€rt € &
Architccr!
P.C. A.I.A.
LOT 5
126 FOREST ROAD
VAIL, COLORADO
N.EVISION:
A5t- V
106 No. 19040 Sheet:
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0l 0000 4t540 ZONING AND ADDRESS MAPS ss.00
0l 000042415 UMFORM BUILDING CODE s54.00
0l 0000 42415 UNIFORM PLUMBING CODE s39.00
0l 0000 424 | 5 UNIFORM T{ECHAMCAL CODE $37.00
0t 0000 424t5 UN]FORN,I FIRE CODE s36.00
frl 0O0042415 NATIONAL ELECTRICAL CODE s37.00
0l 0000 424r5 OTI{ER CODE BOOKS
0t 0000 41518 ELUE PRINTS (MYLARS)s7.uo
0l 000042412 XEROX COPIES s0.25
0l 0000 4241 2 SI UDIES
u I q)00 rl24 t z TOVFEES COMPUTER PROCRAM s5.00
0l 0000 42371 PENALTY FEES / RE.INSPECTIONS
0l 0000 4r332 PLAN RE\TIEW RE.CHECK FEE IS4O PER HR.'I
0r 0000 42332 OFF HOURS INSPECTION FEES
0l 0000 41412 CONTRACTORS LICENSES FEES
0l 0000 4t413 SIGN APPLICAT]ON FEE s20.00
0I 0000 414t3 ADDITIONAL S]GNAGE FEE tSI.OO PER SO.FT.I
0l 0000 42440 VTC ART PROJECT DONATION
0l0000.4ljil PRE PAID DESIGN REVIEW BOAPOTEE 20.4)
0l oo00 423?l I}.Ni ESTIGATIoN FEE .BM
3l 0000 45 | l0 TOV PARKING FUND
0l 0000 2:027 fOV NEWSPAPER DISPENSER FUNDr 0t 0000 2lll2 T,\XABLE@I;5m
' 0t 0000 4t010 TI\ABLE @, I.oZ (TowN)
0t 0000 42371 BUILDIi.*G INVESTICATION
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0l fi}00 41330 I CONDIT]ONAL USE PER}flT 5200.oo
0l ofi)0 4t330 EXTERIOR ALTERATION ILESS TTIAN IOO SO.FT.I s200.00
0l (XXr0 rt | 3i0 EXTERIOR ALTERATION TMORE TI{AN lOO SQ.FT.'I s500.00
0l 0000 4ljio SPECIAL DEVELOPI{ENT DISTRIETJNNT_51.)0u.u0
0l 0000 41 330 SPECIAL D s1.0w.00
0r 0000 4t3i0 |SPECIAL D s200.000l m00 4l jiO SUBDIVISION
0l oo004t3i0 t'VARIANCE s250.00
0l 00004t330 |ZONINGCODE,NIET sztu.00
0l u)00 4t3_i0 RE - ZONNG s200.00
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ADDRESS:
OWNER
ARCIIITECT
PROPOSED
LOT SIZE
ExisEinq Proposed ToEal
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scLbacks Front,
S ides
Rear
siLe covcrase ( l6oto)
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ReLaining WaII lleighLs
Parking
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Do Finish Grades Excccd 2:L (50t)
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a) Snow Avalanche
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Envi ronmen Lal /I'la zards :
view Corridor EncroachmenL: Yes
zl PercenL stope 3 > 3O%l >4
3) Geologic tlazards
b) Rockfall
c) Debris FlowL
4) wetlands M
uo, M
Does L,his requesL invoive a 230 r-rd<iiLiort? Y63
I'Iow much of Lhe allowed 250 ^ddition is uscd wiLh Lhis
Previous condiLions of approval (check properLy file):
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Nq' Artpovvo.WusAfi
TOWN OFVATT
75 South Frontage Road
Vail, Colorado 81657
303-479-2 I 3 I / 479-2 I 39
FAX 303-479-2452
May 19, 1995
Department of Community Development
.. ., -."*,r.t**;*a","a"r; - , .
BillReslock
Pierce, Segerberg & Associates
1000 South Frontage Road
Vail, CO 81657
RE: Lot 5, Block 7,Vail Village 1st Filing
Dear Bill:
At the May 17, 1995 Design Review Board conceptual review of the above referenced lot,
the Board requested several pieces of information prior to final review on June 7, 1995.
The information must be submitted to me no later than Friday, May 26, 1995. The
following issues need to be addressed:
1. A roof plan that matches the elevations, as discussed in the meeting.
2. Show the balcony supports on the elevation drawings. Also, show details of
the railings and details of the underside of the balcony.
3. lf you choose to take advantage of the natural spring and revise your site
plan, please submit a copy of the revisions.
4. Provide material and color samples.
Please submit the above and any other changes no later than May 26, 1995. lf you have
any questions, please call me at479-2138.
Sincerely,
(///,trn Arfub?l
Lauren Waterton
Town Planner
b oo oo
MINUTES
VAIL TOIM{ COUNCIL MEETING
May 75,1995
7:30 P.M.
1 *qlq,**fng of the Vail Town council was held on Tuesday, May 16,1g5, in theCouncil Chambers of the Vail Municipal Building. The meeting'was called to order at
6:30 P.M.
MEMBERS PRESENT:PegW Osterfoss, Mayor
Menv Lapin, Mayor Pro-Tem
Tom Steinberg
Paul fohnston
Jan Straudr
Jim Shearer
TOU/IV OFFICIALS PRESENT: Bob MclaurirU Town Manager
Tom Moorhea{ Town Attorney
MEMBERS ABSENT:
Pamela A Brandmeyer, Assistant Town Manager
Anne Wright on belulf of the Town Clerk -
Sybill Navas
The first item on the agenda was citizen participation, there was none.
At this time Paul Johnston made a motion directing staff to prepare a supplementalappropriation of up to $25,000 for the Gypsum/Vail E*press. 1itr, st e""et ser:inded the- motion. A vote was taken and passed unanimously, GO.
The second item on_the agelda ordinance No. 9, series of 1995, fust reading of an
grdinalce_-rezoling Tract C, Vail Village First Filing/g67 vatl Valley Drive fr6m theGeneral Use Zone Diseict to the rtimary/secoidary Reidenti"l zor,e District.Applicant Pat Dauphinais.
Jim curnutte Presentd this ordinance and noted that on February z7,[ggs,the waterDisrict received Planningand Environmental commission (pEC)'review *a "fp-rJof tfeir request to changethe Vail Land Use_Plan designation of this properry ftJ; ta"klo 4*_ Density_ Residential. on March T, lggs, til" v"it rown^couna'r "pp"6"JResolution No. 5, Series of 1995 which authorized the change to the Vail t and Use plan
from Park to Low Density Residential. Resolution No. 5 coniained five conditions whictrmust be addressed by_1|qappli:ant pror to the transfer of ownership of the ptop""ty.
9" apltt'l'0,1995 the Pfc unanimoristl approve the Water Dstricfs'request io rlzotieTract C from the General use district to tt e'n'rmaty/Secondary Residential Zone Distict(see attadred staff meuorandum to the PEC ana araft copy of'*re meeting minutes fromthe April 10,1gS pEC meeting.)
Mayor Osterfoss read Ordinance No. 9, Series of 1995in full. |an Strauctr made a motionto appJove ordinance No. 9, with a second by paul Johnston. A vote was taken andpassed $1. Merv Lapin was opposed.
The third item on the agenda Presmtations by the three finalists of proposals for theVail Commons development. 1. Loftus Development
3: fi?#tl-pames
11 copunction with the Task Fo-rce a:1d public, interview each development team afterthgy hSve made their presentations. Fifteen minutes is allocated ror elglr pto""t"uo",with the following 30 minutes reserved for questions.
l,t":" tl".rl.isting these three firms, each has received questions and comments abouttheir original PoPos{. The ploposals were reviewed
"""ii"r by the Council, Task Force,and community members on Marctr z0,lffls at the open t ouJe ana on April +, tggs ;t
V.il Tor! Corcn EEriDt faG.tiDS Xirur- &lA96
I oo ro
a Public_hearinS. Staff understands that the proposals presented tonight have bben
modified in response to the Town,s comments.
Affordable Housing Development Corporation dropped out.
Y* !"pT stated a mnflict of interest in this project and stepped down from the
Council table at this time.
1. Presenters for loftus Dewelopment were'Randy McNictrols, Co-Developer withlim Loftus; Mike Mulhern, Architecg John- B. young, affordable'housing
consultant.
2. Presenters for City Market were John L. Caldwell, Director of Real Estate for CitvMarkef Mark Donaldsoru Arctritecb and Robert Warner, Warner Developmeni
3. Presenters for lhe Gart companies were steve Elkin, Tom Garq MarkHumphreys, Arddtect.
Presentations were nade and questions asked from Council and the public.
The fourth item on the qgenda town co"!91appeal of a pEC decision to approve aconditional use Persrit $a1 {lows a Type u Empioyee Housing unit to be 6iated at
126 Forest Road/Iot5, Block z vail viliage rst riiinj. Applicani Ron Byrne.
susan connelly prgserrted this 1Ppgl and noted that on May g,lgi,the pEC approvedwith a condition ($'0-1, Greg Moffett abstained) a conditional use permit aUbiving aTyqe {employee housing unit to be located at 126 Forest Road. please see the o,"itoto the PEC for additional backgror:nd and the condition of approval.
fay Peterson was pres€lrt on behalf of the applicant, Ron Byrne.
Paul fohnston made 1 |o{on !o uphold the PEC decision to approve a conditional usepermit, with a second by Iim shearer. A vote was taken andiiile4 2-3. Merv Lapin,Tom Steinberg and fan Strauch being opposed.
A motion was then made by fan Strauch to uphold the PEC approval with the additionof a condition that in addition to the restrictions included itt tf,e Type tr EHU deedresti$oo $e- applicant agrees to future restrictions that. the for,r'ir'witt "a"pt-O"ipertain to deed restricted fmployee housing. Tom Steinberg seconded the motion. Avote was taken and passed,4-1. paul lohnJton Ueing oppo;d.
The fifth itern on the agenda was a Town Council call-up of Design Review Board
lPProvat o-f Alpine Bank tenant finish at Crossroads MaIl, east buildilrg (ofa VerUatimBookstore location).
At this time Merv Lapin stated a conflict of interest steppd down from the Cognciltable. r I
susan connelly presen,"g.Fr gall-up and noted that on May 3, lgs the DRB approveda tenant finish and modification to tlre storefront exterior and arcade t*f'r'"fpottcolumns. Since the Crossroads owners and- tenants are in the process of upgridingo<terior facades at the mall, the Council is requesting attention to several orhermaintenance tteuls.
Iay Peterson letCouncil know thatAlphg Bank was indeed the applicantfor this project.
fohn Young was pres€nt representing Alpine Bank.
Jan Straudr made a mo{9n to upholdthe DRB approval of the Alpine Bank tenant finishat crossroads Mall, Tilr " yion! by_Iim shearer. A vote was taken ana passeaunanimously,5-0, with one abstmtion, Merv lrpio.
Vail To r CouDil Ev.nit|8 ||.diog mldr gfgg6
t I oo ro
Tlre elxth itein on thc agenda was the Town Manageds Report. No additional
presentation was made.
nrere being no fi[ther business, Iim Shearer moved to adirurn at approximately 10:50
P.M.
RespecftIly submitEd,
ATISST:
Pasrela A. Brandmgm, neeuty fow" Ctert
fh|B frn t trn lvrthr on bhf ot h. Tfir Cb({ r|r ladt Hrii*TDtrfl*f|Frirtf.h|6r ,}
Margarei A. Osterfoes, lfiayoq
YdlTrrC.r0 horrf I.q lodr!/fOS
TO:
FROM:
DATE:
SUBIECT:
MEMORANDUM
Town Council
Gommunity Development Department
May 16, 1995
Council call-up of a Planning and Environmental Commission
approval of a conditional use permit for a Type ll employee housing
unil, located at 126 Forest Road, Lot 5, Block 7, Vail Village 1st
Filing
Applicant: Ron Byrne
On May 8, 1995, lhe Planning and Environmental Commission (PEC) approved by a vote of 5-0-1
(Greg Moffet abstained) a request for a conditional use permit for a Type ll employee housing unit
to be located at 126 Forest Road. The conditional use permit was approved with the following
condition: "Prior to the issuance of a building permit for the proposed structure, the applicant
shallsign a deed restriction using the form provided by the Town of Vail. This document will be
recorded at the Eagle County Clerk and Recorder's Office and will require that the employee
housing unit be permanently restricted for employee housing." Please see the attached memo
to the PEC for discussion of lhe criteria, zoning analysis, floor plans and elevation drawings.
On May 9, 1995, the Town Council called-up this item to add a condition to the approval thal
holds the applicant to future changes to the EHU regulations. A similar condition has been added
to the employee housing units at the Cascade SDD (The Ruins). That condition is as follows: 'ln
addition lo the restrictions included in the Type lll EHU deed restriction, the applicant agrees to
future restrictions that the Town will adopt that pertain lo deed restricted employee housing.'
In 1994, the Town Council passed Ordinance No. 14 amending Ghapter 18.57, Employee
Housing. Attached is a copy ol the ordinance outlining the regulations that peilain lo deed
restricted employee housing.
TOWN COUNCIL AGENDA REQUEST
(Request form must be given to the Secretary to the Town Manager by 8:00 a.m. Thursdavs.)
MEETING DATE: Mav 16. 1995
(Prepare a separate Agenda Request for each agenda item. lf the
agenda item will be discussed at both a Work Session and an Evening
Meeting, be certain to check both boxes in this section and indicate tlme
needed during each meetlng.)
o
o
x
Work Session
Site Visit
Evening Meeting
TlllE NEEDED:_
NME NEEDED:-
TIME NEEDED:20 minutes
YVILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?tr NO.
X YES. Speclfics: Roq_99le,lootican!
wlLL THE PRESENTATION OF THIS AGENDA ITEM REOUIFE ANY SPECIAL
EOUIPI'ENT?x No.
O YES. Specifics:
WILL THERE BE IIATERIAL TO BE INCLUDED IN COUNCTL PACKET FOR THIS ITEII?
o No.
X YES. lf yes, is th€ material also for oublic distribution?
X Yes.
O No.
lTEIilTOPIG:
Town Council appeal of a PEC decision to approve a conditional use permit that allows a
Type ll employee housing unit to be located at 126 Forest Road, lot 5, block 7, Vail Village 1st
Filing.
Applicant Ron Byme
Appellant: Town Council
AGTION REOUESTED OF COUNCIL:
Uphold/Oveilum/llodify the PEG decision.
BACKGROUND BATIONALE:
On May 8, 1995, the PEC approved with a condition (5-0-1, Greg Moffett abstained) a
conditional use permit allowing a Type ll employee housing units to be located at 126 Forest
Road. Please see the memo lo the PEC for additional background and the condition ot
approval.
STAFF RECOMilENDATION:
TUA
Lauren Waterton, Community De\relopment
rt
FILE C[: "'
PLANNING AND ENV]RONMENTAL COMMISSION
May 8, 1995
MINUTES
MEMBERS PRESENT MEMBERSABSENT STAFF PRESENT:
Bob Armour Mike Mollica
Henry Pratt Kevin Deighan Jim Curnutte
Jeff Bowen Russell Forresl
Greg Moffett Lauren Walerlon
Dalton Williams RandY Slouder
Greg Amsden George Ruther
Lori Aker
The meeting was called to order at 1:50 PM.
1. A requesl to amend lhe Vail Land Use Plan for '16 properties throughout the Town of Vail.
Fitleen properties are proposed to be changed from lheir current designation lo open space
and one property would be changed to the public/ semi-public designation. See Attachmenl 1
for legal descriplions.
Applicanl: Town of Vail
Planners: Jim Curnutte and Russell Forresl
Jim Curnutte and Russ Forresl made a presentalion of the proposed Land Use Plan changes. Bob
Armour stated that Staff has done an excellent job on this poect and the PEC is fully in support of
the application.
Public Inpul. Ken Wilson asked why Tract B in Potaio Patch was not on lhe list. Russ Forrest
indicated il is because VA has nol consenled 1o changing the Land Use Plan designalion of this
parcel at this lime.
Jetf Bowen made a motion to amend the Vail Land Use Plan for 16 properties throughoul lhe Town of
Vail be approved, second by Greg Amsden, passed unanimously, by a vole of 6-0.
2. A request lor azone change from Nalural Area Preservalion District to General Use Dislrict
to allow for a renovalion to the Vail Recreation District office, localed al1278 Vail Valley
Drive/Parcel E, Vail Village 7th Filing.
Applicant: VailRecreationDistrictPlanner: Russell Forrest
Bob Armour removed himself from this discussion as he is employed out of lhis building. Greg
Amsden acted as chairman for this ilem. Russell Forresl reviewed this project wilh the Board. Ernie
Bender from the VRD was present. Ftussell wants to focus on the crileria for a zoning change and
.reviewed the four points in his memo. Statt does recommend approval of this request.
Public Input. Emie Bender stated their existing cart washing system uses 400 gallohs of water per
day. The new proposed water recycle system would use 500 gallons of water for the enlire season.
Chris Kemp who is building a home near the site willjointly do landscaping around this projecl. Greg
Moftet asked how the VRD fett about supplying employee housing. Ernie Bender said they are not
F:bvlryo!r\pccvninur\050895
involved with employee housing at this lime, but leels it's a separale issue. Datton Williams feels the
VRD should be concerned with employee housing and noted that the PEC should be requiring this in
lhe future.
Jeff Bowen made a motion for a zone change from Nalural Area Preservation District to General Use
Districl be approved, second by Dahon Williams, passed unanimously by a vole of 5-0-l , with Bob
Armour abslaining.
3. A request for a condilional use to allow for a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing.
Applicant: Flon ByrnePlanner: Lauren Waterlon
Lauren Waterton reviewed this issue wilh the Board and slatf is recommending approval. Bill
Reslock, the architect, was presenl. Bill Reslock and Jay Peterson presenled the model and
drawings for lhis property.
Gregg Moffet abstained from lhis ilem.
Lauren Walerlon explained lhere are 5 indoor parking spaces, and 3 ouldoor parking spaces. The
Board wanls the employee housing unil residenls to park indoors.
Jeff Bowen made a motion for a conditional use permit to allow for a Type ll Employee Housing Unil
(EHU) be approved, second by Dalton, passed unanimously, by a vote of 5-0-1 , with Greg Motfel
abstaining.
4, A request for a fronl selback variance to allow for a second slory addition locaied at 51 94
Main Gore Drive Soulh/Lot 16, Vail Meadows First Filing.
Applicant: Philip HenaultPlanner: Randy Stouder
Harry Gray was present represeiling the applicant. Randy Slouder reviewed the project wilh the
Board. Staff finds the exisling struclure and the sleep site warranls lhe approval of the setback
variance.
Bob Armour asked for public input. There was none. The Board members had no further questions
or concerns regarding this projecl.
Dalton Williams made a motion lo approve a front setback variance for a second story addition per
the staff memo, with the condilion that the driveway be paved. The motion was seconded by Jeff
Bowen and passed unanimously, by a vote of 6-0.
5. A request for a condiiional use permit 1o allow an ouldoor dining deck to be located adjacent. to lhe Garton's Saloon located at 143 East Meadow Drive/Lot P, Block 5D, Vail Village lst. Filing.
Applicant: Dave GartonPlanner: BandySlouder
F:bwryoDlbcc\nidn!sS50895
Randy Slouder stated the applicant did a good job operaling the corral last summer. There was only
one subslantiated sound complaint lasl year. There has been no negalive feedback from the
community. Staff recommended that the applicant continue under the same conditions ol operation
as last year wilh the addilional condition that lhe deck close to service at 10 PM and close lo people
at 11 PM. The deck can be used for outdoor dining up until 10 PM at which lime wail and bar service
stops and the music is shul otf. Palrons should be allowed 1o naturally disperse unlil 11 PM when all
pe6ple must be otf the deck. Staff is recommending a sound check and walk'through two weeks
prior io the corral opening.
There was no public inPul.
Jeff Bowen abstained from this item.
Dalton made a motion to approve this application for a conditional use permit to allow for the
continuation of the outdoor dining deck ( located adjacent 1o lhe Garton's Saloon), lor the period from
May 15lh to November 151h, 1995. The motion was seconded by Greg Amsden and passed
unanimously, by a vote of 5-0-1.
6. A request for a conditional use permil to allow for exlerior seating at the Wesl Vail Mall
located at 2151 North Frontage Road/Lot 2A, Vail Das Schone, Third Filing.
Applicanl: Wesl Vail Mall CorporationPlanner: RandY Slouder
Bob Armour noted that the owners of the building could not make this meeling due to lhe bad road
conditions from Denver to Vail. Bob indicated lhis ilem would be tabled, however the PEC would like
to hear commenls from the public who are already here for this issue.
Bob Armour asked for public commenls a1 this time'
Sue Barnum, lhe owner of Poppy Seeds, stated lhat she opposed the plan the landlord is proposing,
The patio outside of Poppy Seeds has been privalely used for the past 16 years. They realize it is
nol their exclusive palio, however they would like to apply for a permit lo keep this palio private. She
feels that allowing Taco Bell, Dairy Queen and Subway customers 1o use lables in fronl of her
business would be detrimental 10 her operalion. Taco Bell realized righl off thal their space was
undersized and could nol provide any seating. She would like a food court developed for the fast
tood reslaurants and leave Poppy Seeds and Jackalope oul of this.
Fred Turner, the owner ol Taco Bell, stated that he wanled to be a good neighbor and lhey wanled
indoor seating, but their balhroom took up all their possible sealing space. He does not leel thal the
outside iables are lhe answer to the problem. Taco Bell is doing fine wilhout seating. They are
willing to work with the landlord and other tenants. Fred feels the seating is iust a Band-Aid to fix the
real problem. There are other ways the landlord could enhance the property, thus laking care of the
bigger problem
.Jeff Bowen made a motion that the conditional use permit to allow for exterior seating al lhe Wesl
.Vail Mall be tabled be tabled until May 22,1994, with the request for a modified proposal for seating
similar to thal which currently exists at Pizza Express. The molion was seconded by Greg Motfel
and passed unanimously, by a vole of 6'0.
F:Evcryoo.Vcc\hidr6U50t95
7. A request for a worksession for an amendment to the Ford Park Master Plan lo allow for an
expansion lo the Betty Ford Alpine Garden located at 183 Gore Creek Drive/
An unplatled parcel of land localed in lhe NE 1/4 Section 8, Township 5 South, Range 80
West of ths Sixth Principal Meridian, Town of Vail, Eagle County, Colorado, described as
follows:
Beginning at the soulhwesledy corner of a parcel of land knows as the Ford Amphitheater Parcel, whenc€ the
nonheast comer of The Wren, A condominium Projecl, according 10 lhe map thereof recorded in lhe otfice of the
Eagle Counly, Colorado, Clerk and Recorder, bears N36'08'15"W 1 165.76 feel: thenc€ N54'05'59"W 71.45
feel; lhenc€ 268.84 feet along lho arc ol a non tangent curve to the letl, having a radius ot 164.91 teet, a cenlral
angle of 93'24'19'and a chord thal bears N02'38'17'W 240.04 feet;thence N67'15'14"E 16.98 feet; thence
NO7'23'17"E 38.63 feet: lhence Nl9'24'25"E 87.07 feet; thenee S78'37'08"E 227.90 feel; thenc€ S87'4838"E
47.25 leel lo the norlhedy angle poinl ol said Ford Amphilhearer Parcgl thence the following lour courses along
lhe northweslerly line of said Ford Amphirhearer Parcel: 1) S78'13'55"W 65.50 feel;2) S46'25'47'W 1/t4.81
teel; 3) S19't l'18nV 112.31 feet; 4, S18.1856"W 150.85 feet lo lhe Pint of Beginning, containing 1.019 acres,,. more or less.
Applicanl: Betty Ford Alpine Gardens represented by Helen FritchPlanner: George Ruther
Bob Armour reminded all that this is a work session.
George Rurher reviewed the request with the Board. The education cenler would be the final phase
to lhe gardens.
Bob Armour asked if an office is appropriate for this space and Mike Mollica redirected this question
lo the PEC. Sammye Meadows said lhe operation will be year-round. There is demand for winler
use for people who do nol want lo ski. Helen Fritch said the currenl plans include a 400 sq. ft. otfice
which would be year-round. However, if the projecl needs lo expand, the otfice would probably be
relocaled to allow for education expansion.
Mike Mollica slated lhere is nol a specitic calegory for the parking space requiremeqts excepl for the
office space and retail.
George Ruther wanls to discuss with lhe PEC and the applicant the following:
PARKING:
Helen Fritch said a comparable projecl would be lhe Vail Library, Sammye Meadows said there
would be 5 parking spaces in fronl of the amphithealer lor handicap use. However they are now
requesting only 3 spaces. The Manor Vail has agreed to donate 2 year-round parking spaces lo the
gardens. Greg Motfet wanls informalion on lhe programs the gardens would be running. Sammye
Meadows said they will be offering science, gardening and environmental programs in the summer
and winler wilh schoolchildren. Greg Moffet feels this will create parking congeslion. Possibly
Manor Vail can offer more parking during the day time hours. Sammye Meadows thought they
needed only to provide parking for statf and not ihe visitor parking. Mike Mollica said Statf had
provided guidance on parking for office as well as retail. Visitor parking is a tough item to grasp.
:Marly Jones stated the gardens usage is primarily during the day time hours with the visitors
travelirq on lhe bus or foot paths for summer lime usage. Winter usage would be minimal from non
skiers who would have bus access. School groups would be visiting in spring and lall by bus.
Todd Oppenheimer stated all the land available for parking in Ford Park has already been developed
into parking. Trying to develop parking in the lower bench contradicts the goals of reducing access to
F:lacryooalpocbtiDur6\050t95
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the lower bench. Todd said the TOV is slarting to make a new master plan for Ford Park
incorporating highway access and possibly a parking slruclure al Ford Park, wilh betler access 10
Ford Park from other parking struclures. The number of spaces required lor lhe gardens is so small
(3-6 spaces) thal il is almost a mool point.
George Rulher staled staff does have parking use statistics for Ford Park and can present lhese at
the next meeting.
Bob Armour asked to discuss the appropriateness of providing 3-6 spaces on the lower bench al all.
Staff feels il is inappropriate lo provide parkiOg on lhe lower bench. Greg Mofiel and Greg Amsden
do nol wanl parking on the lower bench. Jeff Bowen does nol want lo comment unlil he gets a better
grasp of lhe whole parking issue. Dalton Williams said il there is a staff of 7 people lhere needs 1o be
Fa1 if1S for all slatf. Dalton will vote against any parking or vehicle access 10 the lower bench. Henry
Pratt'is against any parking or access to the lower bench' Bob Armour concurs.
Sammye Meadows does not want lo have parking on the lower bench. She needs directions on
where lo find parking somewhere close. Garden visilors lend 10 be elderly and she needs direclion
on handicap parking. Bob Armour appreciales the handicap needs. Helen Frilch does nol wanl
parking on lower bench, but {eels access is necessary.
Dalton Williams staled that if access cannol be solved, maybe a building should not be built.
ACCESS
Todd Openheimer staled lhe TOV does not mainlain the road lo the lower bench during the winler.
They prefer not lo maintain this road. He would like lo see an access roule lrom lhe parking lol,
through the tennis building to the educalion garden cenler, lf lhis route is taken the Town of Vail
would not have lo mainlain the road.
Henry Pratt wants 1o know how the winler access would be accommodated? Sammye Meadows
wants the TOV to plow the road. Helen Frilch said access by lhe tennis courts would be good, bul
they would have to design an upper garden access. Praft leels the TOV is becoming a major padner
is providing access. Todd Oppenheimer said the TOV has always been very involved in the access
lo Ford Park. The TOV has no legal access from the Frontage Fload lo the lower bench. The
highway department is allowing it now, bul they could shut the TOV off from access. Henry Pratl
wants to know which is the preferred access to the gardens - the bike path or by the tennis couns.
Helen Fritch said deliveries lo the building would need the road, so lhey would need both accesses.
Dalton Williams said access should come from above and it should handle deliveries. He is not
willing to give access on the road. ll is a delriment to have any vehicles in the park. Handicap
access should be from up above. Dalton wanls the applicanls to give thek proposals for the access,
instead of them asking PEC where it should go.
Jetf Bowen feels it is a community park with lots of amenities and he feels it should be accessible.
He does not have the access solutions, but il needs to be solved lor disabled access and deliveries.
.Greg Motfet agrees wilh Jetf Bowen. Greg Amsden is leery of lhe weslern access road - it is a dead
end. He wants the applicanls lo use the parking on lop, In winler lhere should be designated garden
parking.
Helen Fritch agrees a@ess is a big concern - the placement of lhe building will not change no matler
what the access resolulion is. She does not want the building process held up due lo access.
F:Lvsr),oocVcc\mirutcs O5G95
t
Bob Armour wants the road lo remain a bikeArualking palh. He would like to see something between
lhe tennis couns.
Marty Jones said the amphilhea'ler brings semis down lo the lower bench several limes a week. The
Gardens would require a van once in awhile for some equipment delivery. The PEC is more
concerned wilh winter mainlenance of lhe road and creating a designated dropoff at the lower
bench.
VISUAL IMPACT
George Ruther said keep in mind lighting, signage and how the building fils into the land.
The applicant presented the model. Most of the building is underground with the gildens over the
lop. The primary function of the building would be education. Visual impact of the building is
minimal.
Bob Armour likes the building as presented. lt blends very well.
Jeff Bowen and Dallon Williams feel this is a great building. Henry Pratt said the applicant did a
wonderfuljob with the design and lhe impact is minimal. Greg Amsden and Greg Motfel like the
design.
USES
George Ruther said the applicani is proposing office, relail and educalional uses in the building.
Greg Moffel is excited aboul the uses. He would like fhe otfice to stay as limited as possible. Greg
Amsden wanls the office minimized and allow lor no expansion of the office or relail. Henry Pratl and
Dallon Williams, Jefl Bowen and Bob Armour all want office and relail spaced reslricted.
Sammye Meadows said lhe educalional section of the building would be over half the cost. The retail
space would be an exlension of lhe learning center.
AFFECT UPON OTHER USES CURRENTLY IN FORD PARK
George Ruther wanls the applicant lo address issues such as parking during soflball or concert
times. What will the hours ol operalion be for the educational center and does this conflict wilh olher
facilities? What are the conflicls on the mainlenance road?
Henry Pratl leels the building and uses are compatible. Jetf Bowen, Greg Amsden and Greg Moffet
all agreed lhis is.a suitable use for Ford Park. Bob Armour feels it blends nicely wilh the existing
PROPOSED MASTER PLAN TEXT AMENDMENT
Jrlo concems from th€ PEC board members on this issue.
OTHER ISSUES
Bob Armour stated the Fire Department and Public Works do have concerns with this projec't. Todd
Oppenheimer staled the Master Plan revision and the garden requesl should not go on
F:lrEtyoncvcsvninu.r\oso895
simultaneously. He feel the garden request should be addressed first, prior lo the Masler Plan being
revised. Bob Armour reilerated lhal the PEC feels this is an appropriale use.
Bob Armour staled the next slep for the applicant is lo make a formal request of the PEC and ask for
a vole at that time. The applicant needs to solve the access problems by the dale of the formal
requesl. Sammye Meadows wanted to know whal number of parking spaces they should come up
wilh. Bob Armour staled that is virtually impossible to answer since it depends on the use. However,
the applicant should take inlo consideralion all of loday's commenls from the PEC regarding parking
up above and not parking down on the lower bench. Jetf Bowen wants lo see a permaneni
arrangemenl for the parking, especially with Manor Vail, possibly a lease.
8. A request for a worksession for a conditional use permit to allow for an ouldoor dining deck
at the Daily Grind Coffee Company located at 288 Bridge StreeVLot B, Block 5H, Vail Village
1st Filing.
Applicant: The Daily Grind Cotfee Company
Planner: George Ruther
Chris Chantler, owner and Fred Ono, atlorney were present.
George Ruther reviewed lhe request wilh lhe PEC and reminded the PEc that the applicant has
previously made a request ol the PEC and Staff recommended denial. George staled lhe applicanl
has not made any changes lo lheir previous request.
Chris Chantler apologized for nol getting the changes 1o the PEG earlier. He handed them oul loday
to the Board members and he reviewed the plan with the Board members. Regarding liquor service,
lhey will have a person controlling the area.
George Rulher reviewed the queslions on the memo that need to be addressed. Can lhe applicant
allow palrons to circulate through a liquor license area?
George reilerated that the Sunglass Hut shop owners are concerned about access and visibility.
Rucksack owners concern would be to access lo their lrash area.
Chris Chantler clarified where lhe trash area is on the site plan.
George stated Public Works is concerned about the amounl of trash thal is produced in this area.
Public Works had put out additional trash receplacles in this area and the applicant wanled this
removed,
Henry Pratt slated substantial improvement from what was submitted previously. EStablishes area of
control and aclivity, also provides access lo Sunglass Hut. Not PECs role lo handle dispules
between lenants.
Dallon slated thal he leels when everyone gets a liquor license and walls off the area, it sends the
.tourists home. He is concerned about physical access to Sunglass Hut. He agrees that we are nol
.1o enforce areas between lenanls, bul feels the job is lo serve lhe Town of Vail on the whole. He
does nol like fencing otf yel another piece ol area. He is concerned about cutting off pieces of
property . lt tells the lourisls lhal you need to purchase somelhing to sit in this area.
Jefl feh the changes were a substantial improvemenl from the last submittal. Will reserue judgement
F:ErD'oidp..\ri nucr\o50E 95
on the Sunglass Hut and wait unlil they have represeniation. Concern he has is that this area is very
light. To tighlen this area up turlher with more fencing is a concern. He has a concern wilh green
chairs and the white chairs. Suggests a tiberglass wood covered chairs and wroughl iron tables,
Town has a plethora of Wal-Mart type chairs and tables and he feels thal the Town has enough.
Would like to see wooden chairs or tables.
Henry asked staff if we had a standard for outdoor lables and chairs in lhe Village.
George stated lhat the siandard is 1o have wrought iron and wood lables and chairs.
Greg Moffet shared concern ihat fencing off would deter guests from sitting in this area. Also
concerned aboul fencing off this area and access lo the Sunglass Hul.
Greg Amsden thought the material should be melal . Redirecting traffic flow would not necessarily
lake away business. Greg liked this plan a lot bener than the last proposal.
Pam Brandmeyer clarified that the Stale liquor law has been loosened. The concern she has is
Ingress and egress off and on the patio deck. lt will be difficult to see the entire deck, and she asked
that a full lime person be slalioned out on the deck.
Fred Otto slated that the fence is 36" high.
Bob Armour added that lhis is a betler plan, however, melal lables are preferred. He still has a
problem wilh the whole concepl, staling Section 18.60.06 would not be detrimental lo health, safety
and welfare, but would be injurious lo properties in the vicinity.
Dalton had a question for Pam. lf they put a person out on the palio and they have 1o go inside.
When this person is not on lhe deck is it a violalion?
Pam said this is a unique situalion. ll's a very small deck and how etfeclive can they be in controlling
liquor flow on and off the deck.
Fted Otto said lhat there are two landlords involved.
Bob Armour staled there are differences in lhis condilional use permii in lhat liquor is involved.
Dallon asked about site coverage regarding open space around the building. What happens when
Serrano's decides 1o put chairs out lheir patio.
George wanled to go on record lhat lhe applicant needs the trash dumpsler proposal, materials list
on lables, chairs and lhe like, lable sizes and number of proposed tables and chairs al least 15 days
prior to the final hearing.
Henry asked lo find out if there were any conditions on the original buiEing approval regarding open
space or common area.
.Bob Armour thanked everyone tor lheir time.
Susan Connelly inviled lhe PEC members to meet and discuss any issues or items with her.
A motion to adjourn the meeting was made by Jetf Bowen. Greg Amsden seconded and approval
F:lvcryorc'9ec\miDucr'O50t95
was unanimous by a vote of 6-0.
The meeting was adjourned at 5:30 pm.
9 A requesl for a parking variance and conditional use permit 10 allow for a lemporary building
to house a laboratory tor the Vail Valley Medical Cenler, located at 181 West Meadow
Drive/Lols E & F, VailVillage second Filing.
Applicant: Vail Valley Medical Genler represented by Dan Feeney
Planner: Bandy Stouder
TABLED INDEFlNITELY
Jefl Bowen moved that a parking variance and conditional use permil, lo allow for a temporary
building to house a laboratory for the VVMC proposed, be labled indefinitely. Henry seconded.
Unanimous approval by a vole of 6-0.
The following items were discussed at the beginning of the meeling'
10. Approval of the April 24, 1995 PEC meeting minules.
Jeff Bowen moved to approve, seconded by Bob Armour and passed unanimously, by avole 3'0-3.
Dalton and Greg Amsden abstained because they were not al the meeting.
11. Seleclion of a PEC Chairman.
Jeff Bowen nominated Bob Armour, second by Dallon Williams and passed unanimously by a vote of
6-0.
12. Seleclion of a PEC Vice-Chairman
Gregg Motfet nominaled Greg Amsden, second by Dallon Williams .
Dalton nominaled Jetf Bowen, second by Bob Armour.
Dallon moved to close the nominations, second by Jeff Bowen and passed unanimously, by a vole of
6-0.
The Board filled out ballols. Greg Amsden was elected vice-chairperson lor the nexl year.
13. Seleclion of a PEC member to lhe Housing Aulhorily Board
Jefl Eowen nominated Dalton Williams, second Bob Armour. Greg Moffet nominated Greg Amsden,
second by Bob Armour. Greg Amsden nominated Henry Pratl, second by Bob Armour. Nominalions
were then closed. Secret ballot was laken. Dalton Williams was elecled.
14. Selection of a PEC member to the Art in Public Places Board.
.Jetf Bowen nominated Kevin Deighan, second by Bob Armour and passed unanimously by a vote
bt e-0.
ft rgyooCp6\rriDutt\05m95
MEMORANDUM
Planning and Environmental Commission
Community Development Department
May 8, 1995
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TO:
FROM:
DATE:
SUBJECT:A request for a conditional use permit to allow for a Type ll employee housing
unit located at 126 Forest Road/Lot 5, Block 7, VailVillage 1st Filing.
Applicant: Ron Byrne
Planner: Lauren Waterton
I. DESCRIPTION OF THE PROPOSED USE
In September and December of 1992, the Town Gouncil passed Ordinances 9 and 27, Series
of 1992, to create a new Chapter 18.57 - Employee Housing, to provide for the addition of
Employee Housing Units (EHUs) as permitted or conditional uses within certiain zone districts
within the Town of Vail. The definition in that ordinance states:
Section 18.04.105
"Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be
leased or rented for any period less than thirty (30) consecutive days, and shall
be rented only to tenants who are full-time employees of Eagle County. EHUs
shall be allowed in certain zone districts as set forth in Chapter 18 of this Code.
Development standards for EHUs shall be as provided in Chapter 18.57 -
Employee Housing. For the purposes of this Section, a full-time employee shall
mean a person who works a minimum ol an average of thirty (30) hours per
week. There shallbe five (5) categories of EHUs: Type I, Type ll, Type lll,
Type lV, and Type V. Provisions relating to each type of EHU are set forth in
Chapter 18.57 - Employee Housing ol this Gode."
In this proposal, fte applicant is proposing to construct a Type ll employee housing unit on a
portion of the second level of a new primary/secondary residence. The employee housing unit
will be approximatsly 450 square feet in size and will include one bedroom, one bathroom and
a kitchen/living area. One enclosed parking space will also be provided for the EHU.
As described in more detail later in this memorandum, the applicant is proposing to utilizs two
'250 additions" in conjunction with the development of the employee housing unit.
(
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II. ZONING ANALYSIS
Allowed/Required per P/S zonino Proposed Develooment
Site Area: 0.3611 acre or 15,730 sq. ft. Same
Height 33 foet 33 feet
*GRFA 5,173 sq. ft. 5,117 sq. ft.
"Site Coveraga 2,360 sq. ft., or 15% 2,325 sq. ft., or 14.8%
Landscaping 9,2138 sq. ft., or 60% min. 11,658 sq. ft., or 74.1%
Parking Trequired Tproposed
Setbacks:Front: 20' 20.5'Side: 15' 34'- westSide: 15' 34'- eastRear: 15' 33'
'This figure includes two 42S-square foot credits plus two 2S0-square foot allowances for the
EHU.
'*Since the area beneath this house and parking area exceeds a 30% slope, the site
coverage allowance is reduced lrom 20/" to 15%. Additionally, no more than 10% of the total
site area (1,573 square feet) may be covered by driverrays and surface parking.
III. CRITERIA AND FINDINGS
Upon rwiew of Section 18.60 - Conditional Use Permils, the Gommunity Devslopment
Department recommends approval of the conditional use permit based upon the following
factors:
A. Consideration of Factors:
Before acting on a conditional use permit application, he Planning and Environmental
Commission shall consider the factors with respect to the proposed use:
1. Relationshio and imoact of the use on the develooment obiectives of the
Town.
When the Town Council adopted the Town of Vail Affordable Housing
study on November 20, 1990, it recognized the need to increase the
supply of housing. The Town encourages EHUs as a means of
providing quality living conditions and expanding the supply of employee
2
4.
housing for both year-round and seasonal local residents. The
proposed unit will have a positive impact on the Town's housing needs.
The effect of the use on liqht and air. distribution of oopulation.
transDortation faciliti€s, utilities. schools. parks and rscroation nacilities.
and other public facilities needs.
Staff believes that there will be little impact lrom the proposed Type ll
EHU on light, air, population, transportiation, utilities, schools or parks.
Effect uoon traflic with oarticular relerence to conoestion. automotive
and pedestrian safetv and convenience. traffic flow and control. acc€ss.
maneuverabilitv. and removal of snow lrom the street and oarkino areas.
It is likely that there would be one additional vehicle associated with this
residence. Staff feels that this would be an insignificant impact on the
above-referenced criteria.
Effect uoon the character ol the area in which the prooosed use ls to be
located. includino the scale and bulk of the orooosed use in relation to
sunoundino uses.
The scale and bulk of the existing struclure is very similar to thoss in
existence in tre sunounding neighborhood. Since the proposed
employee housing unit will be located within the building, it would not
appear to have a negative effect on the scale and bulk of the resideflce
in relation to surrounding uses.
Emolovee Housino Units mav be allowed as a conditional use in those
zone districts as soecified bv Tifle 18 of the Vail Municioal Code for
Ordinance No. 27. Series ol 1992. Emplovee Housino and shallbe
subiect to the followino conditions:
a. lt shall be a conditional use in the Sinole-Familv Residential.
Two-Familv Residential and Primarv/Secondarv Residential zone
districts.
The subject property is zoned PrimaryiSecondary Resldential.
b. lt shall be oermitted onlv on lots which comolv with minimum lot
size reouirements of the zone district in which the lol is locatsd.
At 15,730 square feet in size, the lot meets the minimum lot size
requiremenb in the Primary/Secondary zone district.
c. lt shall be located within. or attached to. a sinole-familv dwellino
or be located within. or attached to. a two-familv dwellino
oursuant to Section 18.54.050(1) - Desion Guidelines Duolex and
t.
Primary/Secondarv Development. lt mav also be located in. or
attached to. an existino oaraoe provided the oaraoe is not
located within anv setback. and further provided that no existino
parkino required bv the Town of Vail Municioal Code is r€duced
or eliminated.
The proposed Type ll EHU willbe located within the
pri mary/secondary rssidence.
d. lt shall not be counted as a dwellinq unit for the ourposes of
calculatino densitv. However. it shall contain kitchen facilities
and a bathroom. as defined in Chapter 18.04 - Definitions of the
Municioal Code, lt shall be oermifted to be a third dr rellinq unit
in addition to the two dwellino units which mav alreadv exist on
the lot. Onlv one T\pe ll EHU shallbe allowsd p€r lot.
The proposed EHU will be a third dntelling unit on fie site. lt
contains a lull kitchen and full bathroom facilities.
e. lt shall have a GRFA not less than three hundred (3fi)) souare
feet. nor more than nine hundred (900) souare feet. An
apolicant. however. shall be oermitted to apolv to the Gommunitv
Develooment Deoartment of the Town of Vail for additional
GRFA not to exceed five hundred (500) square feet to bs used in
ths construction of he EHU. The applicant shall submit an
application for the additional GRFA on a form providsd bv the
Communitv Develooment Deoartment. Aooroval or denial of the
reouest shall be made bv the Desion Rerdett Board in
accordance with Section 18.54.040. ll an applicant obtains
Desion Rwiew Board aporoval for 500 souare feet of additional
GRFA for the EHU. he or she shall not be entitled to recoive
additional GRFA oursuant to Chaoter 18.71 - Additional Gross
Resldential Floor Area of this Gode for either unit on the lot. lf
an apolicant obtains Desion Review Board aooroval .for not more
fian 250 squars feet of additional GRFA tor the EHU. he or she
shall be entitled to receive additional GRFA oursuant to Ghaoter
18.71 - Additional Gross Residential Floor Area of this code for
one dwellino unit on the lot.
The EHU is 450 square feet in size. The applicant has
submitted an application for 500 square feet of additional GRFA
utilizing the provision which allows for the use of 250's "up front"
when creating a new Type ll EHU. No additional 250's will be
allowed on this propefi in the future.
f. lt shall have no more than two bedrooms.
The proposed Type ll EHU includes one bedroom and therefore
complies with this criteria.
g. No more than trvo (2) adults and on€ (1) child not oldor than
sixteen (16) vears of aoe shall reside in a one (1) bedroom Tvpe
ll EHU. No more than two (2) adults and two (2) childrsn not
oldor than sixtsen (16) vears of aoe shallreside in a two (2)
bedroom Tvpe ll EHU.
Since this unit is a one (1) bedroom Type ll EHU, the first part of
the above listed regulation will be complied witt.
h. Each Tvpe ll EHU shall be reouired to have no less than one (1)
oarkino space for each bedroom located therein. However. if a
one (1) bedroom Tvoe ll EHU exceeds six hundred (600) souare
feet. it shall have two (2) parkino spac€s. All parkino spaces
required bv this Code shall be located on the same lot or site as
he EHU. ll no d$,ellino exists uoon the property which is
orooosed for a Tvpe ll EHU at the time a buildino oermit is
issued. or if an existino dwellino is to be demolish€d and
reolaced bv a neyv dwellinq. not less than one (1) of he oarkino
soaces reouired bv this oaraoraoh shall be enclosed. A 300
souare feet GRFA credit shall be allowed for the constuction of
one enclosed oarkino soace for the Tvoe ll EHU.
Since no drelling units currendy exist on the propefi, the
applicant must provide one enclosed parking space for he
proposed EHU.
B. Findinos:
The Planning and Environmental Commission shall make he following lindings
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
this Ordinance and the purposes of the district in which the site is
located.
2. That the proposed location of he use and the conditions under which it
would be operated or maintained would not be detimental to the public
health, safety, or welfare or materially injurlous to propsrtles or
improvements in he vicinity.
3. That the proposed use would comply with each of the applicable
provisions of Title 18 ot tho Vail Municipal Code.
IV, STAFF RECOiIiIENDATION
The Community Development Department statf recommends approval of this application for a
Type ll Employee Housing Unit. Staff believes that the review criteria have been met as
discussed in the memo. Regarding the findings, statf believes that finding 81 is met as the
proposed use is in accordance with the purposes of the zoning ordinance as well as the zone
distrist. Finding 82 is met, in staff's opinion, as the proposed use is not detrimental to public
health, safety or welfare. Finding 83 is met, in staff's opinion, as the proposal complies with
all of the standards ol the zoning code. Staff recommends approval of the request wih tha
following condition:
1) Prior to the issuance of a building permit for the proposed structure, the
applicant shall sign a deed restriction using the form provided by the Town of
Vail. This document will be recorded at the Eagle County Clerk and Recorder's
Office and will require that the employee housing unit bs permanently restricted
for employee housing.
Please note that under Section 18.60.080 of the Town of Vail Municipal Code, the approval of
a conditional use permit shall lapse and become void if a building permit is not obtained and
construction not comm€nced and diligently pursued toward complelion, or the uss for which
he approval has been granted has not commenced within two years from when the approval
becomes final.
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JOHN W. DUNN
ARTHUR A. ABPLANALP. JR.
ALLEN C. CHRISTENSEN
DIANE L. HERMAN
CAROL E. DAVIS
TELEPHONE:
(970) 476-0300
TELECOPIER:
t97ot 476-4765
KAREN M. DUNN
CERTIFIEO LEGAL A55I5IANTSPECIAL COUN9EL:
JERRY W. HANNAH
LAw OFFtcEs
DUNN, ABPLANALP & CHRtsrENsEN, p.C.
VAIL BANK BU I LoI NG
Su rrE 3OO
I 08 SoUTH FRoNTAGE RoAo WEST
VAr L, CoLoRADo 8l 657
10 Aprll 1995
The Planning and Environmental Commission
of the Town of Vail
Vail CO
HAND DELIVERED
Re: Application of BYrne, et aI .
Lot 5, Block 7, ValI VtIIage Flrst Flllng
This office represents the owners of Lot 3A, Block 7, Vail
village, First Filing ("Lot 3A"). Our clients have become aware of
the proposal for approval of an employee housLng unit on the above
prop-erti, and, while they do not obJect to the proposal for an
employee housing unit on the property, they have concern regarding
the orientation of the Project and the expectatlons of future
ohrners of the above ProPerty.
The proposed construction seems to be oriented for an easterly
view over Lot 3A, in a manner whlch presumes that the Iower portion
of Lot 3A will forever be vacant. The residence now located on the
upper portion of Lot 3A is nearlng the end of its useful life, and
m-y Ue replaced in the near future. Because of access problems
arising from the location of the upper portion of Rockledge Road on
United States Forest Service Property, it may be necessary that any
new dwelLing on Lot 3A be constructed on the lower portion of Lot
3A, in the view corridor of the proposed dwelling on Lot 5. Our
cllents wlsh to emphasl.ze that constructlon on Lot 5 should take
into consideratlon the posslbility of constructlon on the lower
portion of Lot 3A, and, at a minimum, that the To$tn of Vail include
this letter and a reference to the risk belng assumed by the
present construction with reference to absence of any view
Lorridor. A preferred alternative, in order to protect future
purchasers, would be the requirement that a notice be included in
the public record. The owners of Lot 3A are not in a position to
require that such a notice be created. However, the To!.tn of Vail
may deslre to establish such notlce as a condltion of J.ts approval
of the proposed Project.
Plannlng and Environmental Comml.ssionThe consideration bY the
of the foregoing concern is app
Very tru
t
PLANNTNG
^'"'XJi,l.,oilTfJl*' coMMrssroN FIL t C(}P y
MINUTES
MEMBERS PRESENT: MEMBERSABSENT: STAFF PRESENT:
Greg Amsden Dalton Williams Mike Mollica
Bob Armour Lauren Waterton
Henry Pratt Jim Curnutte
Jeff Bowen George Ruther
Lorelei DonaldsonKevin Deighan
Greg Moffet
Publlc Heaiing 2:00 P.m.
The meeting was called to order by Greg Amsden at 2:00 p.m.
1. A request for a conditional use to allow for a Type ll Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing.
Applicant: Ron Byrne
Planner: Lauren Waterton
Greg Amsden slated that the applicant requested that this proposal be tabled to the next
meeting.
Jetf Bowen made a motion to table this proposal to the next meeting, subject to the length of the
next PEC meeting agenda. This proposal may, at the PEC's discretion, be tabled to another
meeting at a later date. Bob Armour seconded the motion. The vote to table this item was
unanimously approved with a vote of 6-0.
2. A request for a rezoning lrom General Use District to Primary/Secondary Residentiat
District to allow for the development of a primary/secondary residence located at 967 Vail
Valley Drive/Tract C, Vail Village 7th Filing.
Applicant Pat Dauphinais for VailValley Consolidated Water District
Planner: Jim Curnutte
Jim Curnutte presented the request to the PEC. Jim stated that the staff has the chronological
history of this property dating back to 1932. There is a letter in the permanent files that shows
that the Vail Valley Consolidated Water District (VVCWD) asked the Town if they were interested
in purchasing this property. At that time, the Town was not interested in this piece of property.
The Vail.Recreation District (VRD) can use the pumps located on the property, so WCWD will
give the pumps to the VRD. Staff feels lhat the applicant's proposal meets the criteria and
findings stated in the memorandum and recommends approval ol this request.
Greg Amsden asked for'public comment.
Ann Repetti, a neighbor, stated that she was ok with this proposalto change the zoning to
primary/secondary and that it would fit well with the surrounding neighborhood. She stressed
Planning afit ErMrmnentel Commbsioo
Apr[ 10, t995
Minut9s
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PrerEe. Segerberg & A9lociales
Archrtecrs. rc..A.lA
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1000 S F.ontage Road \./1l
Va,l. CO 81657
fox:970 476 affi
p.oae 970 476 4431
One Tabor Center
| 200 Seventeemh SL
su,te 515
Denver: CO 80202
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Return to LAUREN WATERTON
Town Planner
PROJECT:+wv|
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
BRIEF DESCRIPTION OF THE PROPOSAL:
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PUBLIC WORKS
Reviewed by:lertr 4omr*.Date:i1 Agn\ r99 5
Comments:
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Retum to LAUREN WATERToN
INTER-DEPARTMENTAL REVIEW
PROJECT:
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
Comments:
lJe€A toge'd trofiarn arart wa\v. /
W6w 6VQw to dra,^n to baa4 a t0ugL - rebv r& Aranw4e2
)r 6aagun *
IWA Wwrugxr l() Odl€CV eaq(€nYe.
Town Planner
BRIEF DESCRIPTION OF THE PROPOSAL:" "-'AE#'{E 'd',&!t{ a'h- atu . 1l$ c04L; tu wk""
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rrrir.d |t yle
BetUm tO Lauren l{aterton
Town Planner
INTER-DEPARTMENTAL REVIEW
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
BRIEF DESCRIPTION OF THE PROPOSAL:- - -l fii*^4 1ai*rA vttu an *tl{ ''tv\P c.oln'?' ty
$r Yv,vi*; bvYY yr, b# hac- &:-a ryfu+\ rcd6t'L'
FIRE DEPARTMENT
F frknzro ss1s2 3--/6 -/f
comments: fit 7>/t'. u/,rtbk /o vrech'#ir' 3{"'n vry
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revised 3117193 o
Application Submittal Date
APPLICATION FOR AN EMPLOYEE HOUSING UNIT
INCLUDING A CONDITIONAL USE APPLICATION AND
A DESIGN REVIEW BOARD APPLICATION
ar,:tc'€t
-
e
--
TYPE OF REQUEST: REVIEWS THAT ARE REQUIRED:
Type I EHU DRB Hearing Date- t
Type ll EHU PEC Conditional Use Hearing Date
Type lll EHU PEC Conditional Use Hearing Date
Type lV EHU PEC Conditional Use Hearing Date
Type V EHU DRB Hearing Date
eaoNe/Vl b n61
-T-
A.
B.
il.NAME oF perrrroruen KoN Bt,\'n a
MAILTNG eooaess Z45 Errf,g. 9t \zJ (9 PHoNE4'lr-116'1
NAME OF PETITIONER'S REPRESENTATIVE
MAILING ADDRESS hl.d,l PHINE 4)b Fqzl
NAME OF OWN
SIGNA
t\
A
c.
MAILING ADDRESS
D. LOCATION OF PROPOSAL:r't e ft."A l<)STREET ADD RESS--------.---l-tZtk
LEGAL DEScRlPrloru: Lor-L BLocKArrr-lNG W-Lt--
E. ,o, o^ro-, 3b \- L.Y42
F. Fee: No EHU application fee, 250 lee, or conditional use fee is required for
an EHU request. A Deslgn Revlew Board (DBB) fee ls requlred'
G. Please include stamped, addressed envelopes and list of the names ol the
owners of all property adjaceni to the subject property.
H. Please include prool of condominium association approval, if applicable.
III. CRITERIA
Section 18.04.105 - Definition
An Employee Housing Unit (EHU) shall mean a dwelling unit which shalt not be leased or
rented for any periodless lhan thirty (30) consecutive days, and shall be renled only to lenants
who are full-tim€ employees in Eagle County. Developmenl standards for EHUs shall be as
provided in Chapter ia.'SZ - empoyee Housing. For the purposes of lhis Section' a lulFlime
bmptoyee shall mban a person who works a minimum ot an average ot thilty (30) hours per
week. There shall be five (5) categories of EHUs: Type l, Type ll, Type lll, Type lv and Type
V. Provisions relating to each type of EHU are set forlh in Chapter 18.57' Erployee Housing
of this Code.
18.57.020 - Emplovee Housino Units (EHU) Generallv
A) A chart attached to this application lorm illustrates the requirements lor each type ot
EHU.
B) No employee housing unit which is conslrucled in accordance with this Chapter shall be
subdivided or divided into any form ot time shares, interval ownerships, or fraclional
lee.
c) All types ot EHUs may be leased, but only to tenants who are tull-time employees who'
work in Eagle County. An EHU shall nol be leased for a period less than thirty (30)
consecutive days. For lhe purposes ol lhis Section, a full-time employee is one who
works an average of a minimum ol thirly (30) hours each week'
DR
.cv.!€,d2'AE3
ilt.
Date of Application 3/L3/e5
Date of DRB Meeting
Date of PEC Meeting (if necessary)
APPLICATION FOR ADDTTTONAL GRFA (250) -__-::-_:f
... f.r=: tilfis.Jf qI. TYPE OF REOUEST ,{:-.' 8 =,
-
Standa.d 2so F-. Y L5
TYPe I EHU 250 'eB c'" 4x Type ll EHU 250 -rtdl ? 4
TYPe V EHU 250 ';--1t e :G$ =5fr. pRE-AppLrcATroN coNFERENcE tf ,at:' '\ffi" 6
A pre-application conference with a member of the ptanning staff is strongrfffiffieo tt-
discuss the provisions under which additional GRFA can be added to a site. lt shouE be
understood that this ordinance does not assure each property an additional 250 square feet ofGRFA' Rather, the ordinance allows for up to 250 souare fe-et if the conditions sei forth in
Chapter 18.57 or Chapter 18.71 of the Town ot Vait coOe are, met.
Applications for additions under this section will not be accepted unless they are complete.
This includes all information required on this form as well as Design Review Board submittal
requirements.
A.Primarv Secondar with Emplovee
Housing Unit.
B. LOCATION OF PROPOSAL:
Address 126 Forest Road
Legal Description:Lot_ r Block_t Filing V.V. 1st
Zone District
C. NAME oF APPLICANT: RON BYRNE
Address 285 Bridge Street, Vai1, CO 81657
D.NAME OF AppLICANT'S REpRESENTATIVE: pierce, Segerberg & Associates
Address 10oo s. Fronrase Road wesr orooltfiSil:t83'A. r.A.P.C.,
81657
E.
tt
NAME OF OWNER(S
Slgnature(s
Address 285 Bridge Street, Vail,o 81.657 phone 476-7987
F. Filing Fee of $200.00 is required at time of submittal of a standard 250. For a
reguest involving an EHU, the fee is waived.
/4
1,1 zlt
t.vl'p,il2JAt93
APPLICATION FOR ADDITIONAL
I. TYPE OF REOUEST
Standard 250
Type I EHU 2S0x Type ll EHU 250
Type V EHU 2S0
II. PRE.APPLICATION CONFERENCE
Date of Application 3 r/ 13 r/ 9 5
Date of DRB Meeting
Date of PEC Meeling (if necessary)_
Hrt
-t
-H
=-O(J
SP
A pre-application conference with a member of the planning staff is strongly encouraged to
discuss the provisions under which additional GRFA can be added to a site. lt should be
understood that this ordinance does not assure each property an additional 250 square feet of
GRFA. Rather, the ordinance allows for up to 250 square leet if the conditions sei torth in
Chapter 18.57 or Chapter 18.71 of the Town ot Vait coOe are met.
Applications for additions under this section will not be accepted unless they are complete.
This includes all information required on this form as well as Design Review Board submittal
requirements.
III. APPLICATION INFORMATION
A. PROJECT DESCRIPTION prim"rv Seconaarv
Housing Unit.
B. LOCATION OF PROPOSAL:
Address L26 Forest Road
Legal Description:Lot s Btock_l_ Fiting W 1st
Zone District
C. NAME OF APPLICANT: RON BYRNE
Address 285 Bridge Street, Vai1, CO 81652
D. NAME OF APPLICANT'S REPRESENTATIVE: p,i"r.", S"g"rb. sociares
Architects, P.C., A.f .A.
Address 1000 S. Frontaqe Ro
NAME OF OWNE
Slgnature(s
Address 285 Bridge Street, Vail, CO 816 5 7 phone 47 6-3.987
E.
It
Filing Fee of $200.00 is required at time of submittat ot a standard 250. For a
request involving an EHU, the fee is waived.
n^ llll?v^/
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F.
It Lrsr oF MATERTALS a
NAME oF pRo;Ecr, L-+ t
LEGAL DESCRIPTION: LOT 5
STREET ADDRESS, \2(O ON'-)- \24
SUBDIVISION
DESCRIPTION OF PRO.TECT:
The foLlowing tnformat.ion is
Revlew Board before a finaL
A. BUILDING MATERIALS:
Roof
Siding
Other Wai-L MateriaLs
Fascia
Soffits
Windows
V{indow Trlm
Doors
Door Trim
Hand or Deck Rails
FIues
Flashings
Chimneys
Trash Enclosures
Greenhouses
Other
B. LANDSCAPING: Name of
PLANT !,IATERIALS:
PROPOSED TREES
EXISTING TREES TO
BE REMOVED
for submittal t,o the Deslgn
can be given:
COLOR
required
approval
TYPE OF
Botanical Name Common Nane Ouantitv Size*_< _vr_#
lo'
€F, fEt.trEr".al?r IEE#'
tl -gj"ll
2"+
*Indicate caliper for deciduous trees. Minimum caliper for
MATERIAL
.5
Designer:
Phone:
trees.
Indicate height for coniferous
PLANT uarnnralfeet.r,i*r w"*
PROPOSED SHRUBS
\t-.-\ =^d^r',.,"
<-;,,F I Iz +q
of 'proposed shrubs.
Tvpe
Minimum siie of shrubs is
' Square Footaqe
ExrsrrNc sHRUBs A1^,L.Qla G- e-
TO BE REMOVED \\I vo\r\
*Indicate size5 qa]lon.
GROUND COVERS
soD
SEED
TYPE
OF TRRIGATION
4 "' ,,tt- ,
-r..,^ 0 ,.. Yli-r a 4, ,*,< looo f
Eh
" r. Sl -.-.\-\'
TYPE OR METHOD OF
EROSION CONTROL
C. LANDSCAPE LIGHTING: If exterior lighting is proposed, please
show the number of fixtures and locations on a seParate
lighting pIan. rdentify each fixture from the lighting plan
on the list below and provide the wattage, height above
grade and type of light proposed.
OTHER LANDSCAPE FEATURES (retaining waIls, fences, swimmingpools, etc.) Please specify. Indicate heights of retainlngwalIs. Maximum height of walls within the front setback is3 feet. Maximum height of walls elsewhere on the propertyis 5 feet.
D.
SUBDIVISION
JOB NAI.,IE
LOT 6 BLOCK FTLTNG @ 16|
7-f-7y
-
4e qq
4-8-V?
V-rrr/
\ 4s Pq\r
$^qf ,
\[so ) _ Ha,.oncu q..t €y
This form is to verify service availability andIocation. This should be used in conjunction withpreparing your utility plan and schedulinginstallations.
For any new construction proposal, the applicantmust provide a completed utility verificationform.
3. If a utility company has concerns with theproposed construction, the utility representativeshould not directly on t.he utility verificaLionform that there is a problem which needs to beresolved. The issue should then be spelled out indet,ail in an attached letter to the Town of VaiI.
However, please keep in mind that it is the, responsibility of the utility company to resolveidentified problems.
4. If the utility verification form has signaturesfrom each of the utility companies, and no
comments are made directly on the form, the Townwill presume that there are no probJ_ems and thatthe development can proceed.
5. These verificat,ions do not relieve the contractorof his responsibi).ity to obtain a street cutpermit from the Town of Vail, Department of PubLicWorks and to obtain utilitv locations beforedloqihq in any public right-of-way.or easement in
t,he Town of Vail. A buildinq permit is not, astreet cut permit. A street cut permit must be
obtained separately.
:k Please bring,a site plan, floor plan, and eLevations whenobtaining Upper Eagle Valley Water & Sanitation signatures. Fireflow needs must be addressed.
ADDRESS
The location and availabiLit.y of utilities, whether they be maintrunk lines or proposed lines, must be approved and verified bythe following utilities for the accompanying site p1an.
Authorized Siqnature Date
l€-c- laA .
U.S. West Comrnunications
t-800-922-1987
458-6860 or 949-4530
Public Service Company
949-5781
Gary Hall
Holy Cross Electric Assoc.
949-5892
Ted Husky/l,tichael Laverty
Heritage Cablevision T.V.
94 9-5530
Steve Hiatt
Upper Eagle Valley Water
& Sanitation District *
47 6-1480
Fred Haslee
NOTE:
{yr5\nilu4, r..,
From: Tom Moorhead
To: Lauren Watert.on
Subject: Byrns Lot
===NOTE=========== ---- 4 / t3 / 9 5==6 : 2 4pm==I had a conversation with Art Abplanalp on
4/1,3 and he explained that he was onlyproviding the deed with i-ts restrictions
for information purposes. As you and I
discussed discussed, it is up to thegrantor Eo enforce the restrict.ion, I
would suggest we make t.he PEC aware of therestriction buE E.hat should not owerrideour zoning regulation- Art reresents t.he
Josies and another f ami1y. The grantor is
represenLed by counsel who is aware of the
applicat.ion. That is all.
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TJ:
APR 1 3 ,i,i5
}IAF R.ANTY DEED
xNo$: tr,l, trtEt,i DI T||I:SE I,RESnt:TS:
- That, vERNoN TAtLoR, JR. lhcrclnaftcr rcf€rrod to 't"r.lr.ntor"), of th. flrrt part, for thr conlld.rrtlon of olit'
t:lLLloN 5rx I|UNDRID stxrr NINE rl|ousNrD and nol100 DoLlJtrs
! s- l | 6 ( 9 , 0 0 0 . 0 0 ) ln hand pald, hcrcby .o11. rnd conveyr t,r
llHS vAlL PIRTNERSIIP, r colorldo Llnlt.d Plrto.r.htp lhcrrlnafterratGrrod to ar .Granta€r), of thG eccond part. vhoEc lag!lrddra.r tr 283 Brldgc 8tr..t, Vrll, Colorsdo !165?, tho folloYlng
Ioli prop.tty rltultod ln th. County of Eaglr rnd St!to ofColotado. to ult I
Ltr I rnd 6,Btock ?,V.ll VtI1.9. Ftt Flllng,accordlng to tl.. Pl.t r.cordad Augult 10,
1962 tn Eook l?a rt Pag. 180.r FccGptlon No.
9638t 1
rlth rll lt. lppurt.nancrrl lnd rarrrntr tha tltl. to thc r!n..xcapt for tha 9.n.rr1 tax.r of 1989, pryeblG Jrnurry l, 1990,rnd .ubjrcc to thc tollorlng r
-ie. Rtgh! ot Proprbtor of r v.tn or lodc to cxtrrctt6td rrrl6vo hlr ori th.rrfrom .hould thr r.n br tound
to Ponatrrta or lntcrrrct tha Pranllaa ar tararvad ln
Unlt.d tttt.. Prt.nt rtcorded lprl'l 12r 1099 ln lool 18
.t Prg" a?3.
!. Rlqht of vav for dltchas or canala conltructcd by-itr ruthorlty oi th. unlt.d stat !, ar rcrcrvcd ln
Unlt.d Statri P.tant rccordcd Aprll 12r 1899 ln Brk l8
.t P.9. a ?3.
l?:/ E.!.rntt rnd rrstrlctlonr ar ahown on thG Plat
fof v.tl vtll.g. rtrtt rlllng, recordcd A999!! 10, 1952
ln lool l?l rt-P.g. I8o r. RccaPtlon No. 96302.
*t
'c.i T.rn!, Condttionr lnd RGltrictlone ac contrlned In'tlir protrcilvr covenrnt! for vatl vtl'lagG Flt't rlllng,
r.cord.d Augult l0r 1962 ln Book l7a !t Plgc l?9 ar
t.c.Ptton xo. 96381.
hl E.ret nt.nd Rlght of vl.y ar gr-antcd to
't.!.rlrton tnv.ltnant, lnc. ln doc-umant
nccc*cr t?, 1968 !t E.coPtlon No' 109972'
.*r+
tryl
ir
Cormun I ty
rccorded
's -! lcr.altang bGtYaGn v!11 A!loclatec' Ltd" a*lt]r"f"lo-iliii.o n"ttn.rrhlp ar,d crt Facilltlor' Inc"
r colortdo corporatron rrcoidcd tn Book 183 !t I'rqG 157
ri FGc.Ftlon lio. 99t10.
li.i t.rnt, condltlon., rc!'rvlt-lont'- r'rtrlctlont !t
*3".. iiii- i. -;;t;; -;;on -rne val l- v-l l-ras' l trrt Fl I lns
t aor et!v ctYD. r t r..o"iJfott rccordcd At'rll l0' 198l ln
ili'-i;i ;;l;.- ari-ei-ncccptron No' 2l?7e1'
?btr convcylnco ll furthcr tubjcct to thc folloning
tel'rrctlctt:
o
ritf
2,sttdlot6rhallb.dcv.loFdonlytor.orcr-Inolof.nlly rltldrncr oontalnlng a car.t-rker unlt rcco'dltrg tJ -thorl.n. .nd Sp.cItlc.tlonr ittachcd hcrcto rt Erhlblt t'- -suchcrt.trlor unrt rnali--n6i bJ -iolil or convoyrd "Fs't' 'nd 'Frttrcn ruch nrldcnco.
!. Any chrng. ln th'- Plln-r or 8p'cltlc'Btottr 'tt'ch'dh.rcto r. Erhlblt ;:;'.lf;Alr. tb' pr-r-oi-rirtt'n Goo..nt ot
3h.
,
Granlcr .
. , a. Ih.n oon.tructlon o! thc rlnglo lurtly lorldrncr
on .rld Lot 5 h.r b..n conphtoa accorttlni to tttc P-lrnr- 'ndlpoc t t lc.!t on. .tt."tiJi.i;t;';;1t-rrllr-J e- br i r such P l'n' ^'hd' tp.ot(la.tronr nay'-'tli.';;; crrentrrt vrtn th' Prtor vr-ltt'n
. con..nt ot th. Gr.ntor ' th.n th. erntoi -i!so.. i.o 1rc3u3r
-
end
t€tnoul.6g. I c.rtiiTc-&i'ii i&"ralEre-1o-ti- rtrtlns -th't luch
r.rldonc. h.. urei--ii'--co*ilaaae:- Nourtni- cont'l;'d- 1l-^!hr'prrlf rrlt r hourvrr r
- rtritt- r.'novo tfrl nccriiitv ot thc Grlntrr'l
obtrfnlrq tno ct.nloii. piror ralt-t n conrnd r'- -Provld'd 'bov'to -rny - l.: ulq". "g Ei-;s-. i i6i-.,itr, -p-irnr end 89rc I f lcr tlonr'
3. hh.n son'lructlon of th' rtnglo frnlly :rridrncc
on r. td Lt 5 h.r b..n cotrrPl.tGd tccor'Gi to ttrr- P-l-tnr and
lp.cltlc.ttonr a t tech;'i.-tl-i'J r. sxlrlbrl- i -or ar ruch Planr end
tD.clllc.tlon. ".f
-'ii-,.--it-t-" otrlngca trlttt th' Prtor sr!tt'n
GOnaOAt Ot tha crantpr, than tha G-rar,toi agre.a €o exccute rnd
rclrrrtrdgr . C.lr'ii;;io-fi' ri"otdrbtc tori .trtlns thrt luch
t rld.nc. hr. mii--iJ-c-'ii"'' - xo-thrnc contrl;€'l tn thl'
prt.9s.9hr nott'.t,'.iilf-ilhoot thc nrclrritv ot th' Gttnt"'!
obt lntrrg thl cnnio?:;-Prf; urtt-t'n conrnd r' Provt'l'6 'bov'to rnt .ub..qu.nt iiiis-t iiii-ructr Pltn' !t : 8P'clllcrtlont'
6. Th' r'rtrlctlonl mcntloncd ln ParagraPh! I throuqh
t d,ov. .ht l: run -ir'tT'"-iii - i'" tL s and't '---btnd irrc GrantG-' rnd
Ita .uccaatora rnat rrrlgnr- and lnur-c, -to th' b'nGf,lt ol th' Grantor
rnd hl. helrr. art'rrtl" logll reprcrcntillvlr end lrrlgnr' rll
c! .ueh rortrrcttoii-irtilr'- ln any -t""tt1'-
-ttttlna tc and bc o? no
turtF'.r torco rnd ':!i;;; tiil ti't-rrttt ot th' follovlne oat"r
Itl ruch d.t. rt "[l-6tntt or oun'r.'- or i"fa iot" 5 rnd 6 lnd thc
Grrntorrhrllrgrrl."iiil.tn-.9rltt.nIn.t'u'"ntdluly.xGcuted..clnorl.dg.d rnc rlJJr"ija ''rir' irtc-c-rtii-ino Rccordir ot Erelc
count!', co.lorrdor'-t'irt--ir'c datc up-on
''"'i*l-.t"i".rt";lXtitnrinlll
ffi: i: !' "*;** " .
ot"
"Ti-' ii'^l":l;; ;il:i ; ; ;;i i' n I r l iee r t r c t
;;i;;; o-'- tlttt Aueu't l7' 2ooe'
?. Thc Gt'ntor ruy lautully Ptot'cutG any proceedlne
ln lru o, 'n oooi#'js't'litf"u"tr-nctioi-Ji pcreona-who violate
th. rrrtrlct ron-" "'o''it11-fi'"a-
ln ?lrrqrrPhr I ti'rough 5 above ln any
:.rr.-lcul.r .nd'Ili--'t"'tttrn
:: lunctlcn "nc ''"v-it"""ti- t*tt 9it::? ;;;'; cncue becauae of
. i:r. ...ret.t ron,
"r'"iiiiii- "o".. t-t--""ii.;t0..*i".:til"t":i' "l:ilr -<l rn)utictton rhlll c'atc tP-"jL ;
s.llslcalon' t" l- ti"ii"a in PlragraPh 6 rbovt '
...1 .,-r,'...",.,r ,. r. *\r lnv paat ol tha
#G tca. of rlld t"ttlctrenr I'"e" "'---,' '
frrr rftct.
il l=-rrrcL:ED .r t)rnv.r, coloprdo ,llt,t'S dav o! ^uqutt'
ffifu,u.,.f i'i 'i;it) [t-.-..*
3l
i.
'Sr,. ';+-:,:;:-t.. rnvrttcrtron :l--:3i-":n', oln.,3lln 1"";1. T;
ffi Ery:*-r"':ii',"ffi ,*:d"i*'"li:l':""%l*f.":!i?:I::
. r rilii.Fir-
1l!',:
1
tT^tr or coloR Do I) rr.
c I tr AND COt':irY or DElivEF )
Thr torogolng lnrtrunrent s!' 'cknoetodgc'l boloro
thtts l?th aoi of euiurt-, I9E9 by v€rnon Tlylor' Jr'
tlltna.a fty hand and ofltclat real'
lly co Bllrton crPlrcll 3
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TOWN OFVAIL
75 South Frontage Road
Vail, Colorado 81657
303 -479-2 I 38 / 479-2 I 39
FAX 303-479-2452
Deparnnent of Community Deve lopment
April3, 1995
Bill Reslock
Pierce, Segerberg and Associates
1000 South Frontage Road West
Vail, CO 81657
RE: Conditional Use Application for a Type ll EHU on Lot 5, Block 7, Vail Village 1st
Filing
Dear Bill:
I have received the reviSions to your conditional use application for the proposed Type
ll EHU on the above referenced lot and have determined this application is still
incomplete. I have removed this item from the April 10, 1995 Planning ard Environmental
Commission agenda. In order to be scheduled for the April 24, 1995 PEC meeting, the
following information must be provided:
-i. As previously requested, please submit cross sections showing the height
of the areas labeled as "crawlspace."
2..) The floor plans still do not reflect the elevation drawings. I would be happy
to meet with you to discuss where the discrepancies exist.
, 3. The driveway slope for the first 15 feet continues to be 167o. lt cannot
exceed twelve percent with heat. While the average slope is only ten
percent, no part of the drive may exceed twelve percent.
"'4. Finished grades exceed 2:1.
, 5. The.wall adjacent to the east entry appears to be 6.5 feet in height.
- 6. fhe peak elevation for the secondary unit is greater than 33 feet'
'7. The stairway from the garage to the primary unit must be shown on the
bedroom level. I calculate tnat tnis will add 40 square feet of GRFA.
8. Please identify the area adiacent to the loft on the secondary unit' lt will be
counted as GhFR unless it is labeled othenruise'
Please submit the above information by April 13' 1995 in order to be placed 9l lLe.lPtil
24, 199s agenda. Foiyout reference, inave inciuded a copy of the site plan highlighting
the areas that do not conform to the Zoning Code. lf you hive any questions conceming
the above information, please feel free to contact me'
Sincerely,. i-l I A'
lAvtvt 11 L\lfft fn'\
L6uren Waterton
Town Planner
xc: Ron BYrne
-1..\'
FII. E COPV
March22,1995
Bill Reslock
Pierce, Segoberg and Associates
1000 South Frontage Rd West
Vail, CO 81657
Re: Conditional Use Application for a Type II EHU on Iot 5, Block 7, Vail Village lst Filing
Dear Bill:
I have received your oonditional use application for the proposed Type II EHU on the above
referenced lot and have determined this application is incomplete. The following information
must be provided prior to 5:00PM, Thursday March 30, 1995 in order to remain on the April 10,
1995 Planning and Environmental Commission agenda.
,{t. Your proposed structure exceeds the maximum allowable GRFA for the lot by 70
square feet. Please provide redline drawings showing how you calculated GRFA.
Q Z, Please ide'ntiff on the floor plans all of tle areas that are void spaces as well as
areas that are open to below. Please provide cross sections that show the height of
these spaces.
.// 3. In order to verifi proposed building heights, please amend your site plan to include
existing grades underneath the building footprint'
tl 4. Revise the proposed site plan to reflect the elevations and floor plans. Specifically,
show the balconies and the bay window on the north elevation.
.// 5 , The retaining wall adjacent to the stairs on the northeast corner of the lot appears
to be seven feet in height. It cannot exceed tbree feet in the front setback.
{1 S. The driveway slope appears tobe 16%o, please revise so that it is no greater than
l0%.
Ef Finished grades on certain portions of the lot exceed 50%. The gading plan will
':' .:|;
/ 7.
need to be revised so that it no area exceeds 50% slope.
Please veri$r that the garage slab elevation is the same as the garage level elevation
identified on the site plan.
Please provide heights on the existing walls located at the west side of the lot.
Please provide more spot elevations on all proposed walls, Currently, it appears
some of these walls exceed 6' in height,
Please show the existing tees on the landscape plan.
The survey needs to be signed and stamped by the swveyor
The elevations and floor plans do not appear to match each other. Please be sure
that all the plans reflect what the application is requesting. The floor plan shows
one balcony on the bedroom level, yet the elevations show 2 separate balconies.
Please amend so both the elevations and floor plans reflect the same proposal.
The floor plans for the garage level have miscellaneous lines on the south side.
Please identifr these areas or removed the,m from tle drawings.
I have included comments from the Public Works Deparhrent for your reference.
The Fire Deparhnent has requested that the building be sprinklered.
,/8.
Tf,9.
/to.
4'.
Qtz.
/tr.
/ ro.
,/rs.
T] f O. The Planning and Environmental Commission and the Desip Review Board
require models for all proposed buildings on lots greater than 30%.
Please provide the above requested information no later than 5:00pm, Thursday, March 30th,
1995, If all the information is not provided by that date, I will remove this application from the
PEC agenda. If you should have any questions or comments regarding this letter, please feel free
to grve me a caLl at 479-2138.
Sincerely,
Lawen Waterton
Town Planner
.rNAR 14 '95
TO:
FROM:
DATE:
RE:
69:33tr1 nox[&Assc.
BILL RESLOCK
RACHELLE
MARCH 14, 1995
ADJACBNT PROPERTY OWNERS
P. 1
I
*"FLEI YV lrtL.t 5
'
I,at 33, Block 7
45 Forost Road
Daniel Bemard Heard
19050 Old Pcrkins Road
Baton Rouge, LA 70810
L.ot 32, Block 7
95 Forest Road
Newman T. Halvorson
5400 East 17th Avenue
Denvcr, CO 80220
Lot 30, Block 7
115 Foroct Road
Beatrice B. Taplin
11 Chcrry Hills Drive
Bnglewood, CO 80110
Iot 4 and 7, Block 7
126 Foreot Road
Vernon Taylor, Jr.
1670 Denver Club Building
Denvet, CO EMA?
Lot 3, Block 7
97 Rockledge Road
David S., Bruce W., and Douglas H. Hunt
8235 Douglas Strect
Suite 1300
Dallas, TX 75225
,. ;,* 14 '95 O9:34fl4 -*
t & Assoc.
I-ot 3, Block 7
97 Rochlcdgc Road
CIlnbn lV. and Bctty Smith Jorcy
6060 NC Expreuway
Ddlas, TX 75206
. Lot 6, 4loclc 7: 146 Forgt Road
Mtkc Fluuery
Flinnery Proportior
19330 WtngC Foot Circlc
Northridge, CA 91326
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THIS ITEM MAY EFFECTYOUR PROPERW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the
Town of Vail on April 10, 1995, at 2:00 P.M. in the Town of Vail Municipal BuiHing. In
consideration of:
1. A request for a setback variance to allow for the construction of a freestanding garage to
be located at 4524 Meadow Drive/]lmberf alls Condomin iums.
Applicant: RichardVossler,TimberfallsCondominiumAssociationPfanner: Randy Stouder
2. A request lor a rezoning from General Use District to Primary/Secondary Residential
District lo allow for the development of a primary/secondary residence located at 967 Vail
Valley Drive/Tract C, Vail Village 7th Filing.
Applicant: Pat Dauphinais for Vail Valley Consolidated Water DistrictPlanner: Jim Curnutte
3. A request for a conditional use to allow for an ouldoor dining deck for the Daily Grind
located at 288 Bridge Streevlot B, Block 5H, Vail Village 1st Filing.
Applicant The Daily Grind Coffee HousePlanner: George Ruther
4. A request for a major SDD amendment to allow for an expansion to the Glen Lyon Office
Building located at 1000 South Frontage Road/Area #4, Special Development District #4,
Cascade Village.
Applicant: BillReslockPlanner: Randy Stouder
5. A request for a conditional use to allow for a Type ll Employee Housing Unit (EHU) to be
l located at 1 26 Forest RoadiLot 5, Block 7, Vail Village 1st Filing.
K Appricant: Ron ByrnePlanner: Lauren Waterton/Jim Curnutte
6. A request l0r minor subdivision to amend the location of the platted building envelopes
located at
1374 and 1378 Sandstone Drive/Lols D & E, Briarpatch.
Applicant: Jim Guida Construction for Briar Patch LLCPlanner: Jim Curnutte
I
7. A request lor a major exterior alteration to allow lor the expansion of La Tour Restaurant
and the Gotthelf's Gallery and a conditional use permit for a modification to the outdoor
dining deck, located in the Village Center Building, 122 East Meadow Drive/ a portion of
Block 5E, VailVillage 1st Filing.
Applicant:' Fred Hibberd, represented by Craig SnowdonPlanner: George Ruther
ili.
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Design Review Board will be reviewing the following
application on
1. A reou
1995 in the Town of Vail Municipal Building.
A request for an additional Q50 square feet ol Gross Hesidential Floor Area for
Applicant: %we6rnt-
The applications and information about the proposals are availaue in the zoning administrator's
office during regular office hours for public inspection.
TOWN OFVAIL
COMMUNIW DEVELOPMENT
Published in the VailTrail on 1995.
30 Y,urry
SCIIEDULE A
TOV.COM|V], DEV. DIPTl&pnn NUMBER: B9oo5232
1. EFFECTM DATE: June 16, 1989 at 8:00 A.M.
2. POLICY oR PoLICIES To BE rssUED! AMoUNT oE INSURANCE
A. ALTA OWNER'S pOLrCy 5 1,700,000.00
PROPOSED INSURED: RONALD BYRNE
B. ALTA LoAN PoLIcY s
PROPOSED INSURED:
E. ALTA LOAN POLIEY S
PROPOSED INSURED
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND EOVERED HEREIN IS FEE SIMPLE AND TTTLE THERETOIS AT THE EFFECTIVE DATE HEREOF VESTED IN:
VERNON TAYTJOR, JR.
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
LOTS 5 AND 5
BLOCK 7
VAIL VTLLAGE FTRST FILING
ACCORDING TO THE PLAT REEORDED AUGUST 10, L962IN BOOK 174 AT PAGE 180 AS RECEPTTON NO. 96382.
COUNTY OF EAGLE
STATE OF COLORADO
PREMIUM:
OWNERS: 3,L47.00
TAX CERT. 10.00
STEWART TITLE
OF EAGLE EOUNTY, INC.P.O. BOX 1248VAIL. CO. 81658
( 303 ) 949-1011
STE}I:AR.T TITL
OUARANTI COfPA!{Y
COUNTERSIGNATURE
SCHEDULEB-SECTIONl
ORDER NUMBER: 89005237
REQUIREMENTS
THE FOIJIJOWING ARE THE REQUIREMENTS TO BE COMPLIED WITHI
ITEM (A) PAYITENT TO OR FOR THE ACCOUNT OF THE GRANIORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT (S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FIIJED FOR RECORD, TO rIIT:
L. Execution of affidavit as to Debts and Liens and its return toStewart Title Guaranty Company.
2. Execution of Certificate - Entity Transferor/fndividualTransferor and its return to the office.
3. Evidence satisfactory to Stewart Title Guaranty Cornpany thatthe real estate transfer tax assessed by the Town of Vail has
been paid or that the transaction is exempt from said tax.
4. Deed from Vernon Taylor, Jr. . vesting fee simple title in
Rona]d Byrne. NOTE; NOTATION OF THE LEGAL ADDRESS oF THE GRANTEE
MUST APPEAR ON TITE DEED AS PER 1975 AMENDMENT TO STATUTE ON
RECORDING OF DEEDS 73 CRS 3835109 (2).
STE\VAR.T TITLE
OUANAl'TT COIP A t'Y
SCHEDULEB-SECTION2
EXCEPTIONS
oRDER NUMBER! 89005237
THE POLICY OR POLTCIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO TITE
E'OLLOWING UNLESS TIIE SAME ARE DISPOSED OF TO THE SATISFACTION OF
TIIE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLTC RECORDS.2. EASEMENTS, OR CLAIMS OF EASEI4ENTS, NOT SHOWN BY TTIE PUBLIC
RECORDS.3. DISCREPANCTES, CONFLTCTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROAEHMENTS, AND ANY FACTS WHIEH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DTSCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.4. ANY IJTEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNTSHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IN ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO TTIE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED TNSURED ACQUTRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
EOMMITMENT.
8. Right of Proprietor of a vein or lode to extract and removehis ore therefrom should the same be found to penetrate or
intersect the premises as reserved in United States Patent
recorded Apriul 12, L899 in Book 48 at Page 475.
9. Right of way for ditches or canafs constructed by theauthority of the United States, as reserved in United States
Patent recorded April t2,7899 in Book 48 at Page 475.
10. Easements and restrictions as shown on the Plat for Vail
Village First Filing, recorded August L0, L962 in Book L74 at
Page l-80 as Reception No. 96382.
1l-. Terms, Conditions and Restrictions and as contained in the
Protecti.ve Coventants for Vail Village First Filing, recorded
August 0, 1962 in Book L74 aE Page J-79 as Reception No. 96381.
L2. Easement and Right of Way as granted to CommunityTelevision Investment, Inv. in document recorded December L7,
1968 as Reception No. L09972.
13. Agreement between Vail Associates, Ltd.. a Colorado Linited
Partnership and Gas Facilities, fnv., a Colorado Corporation
recorded in Book 183 at Page 157 as Reception No. 99710.
L4. Terms, conditions, reservations, restrictions and as
Continued on next 43!FE\1'AR.T TITLE
ctI'ARANTI CO}tPA NY
o
CONTINT'ATION SHEET
SCHEDULEB-SECTION2
EXCEPTIONS
ORDER NUMBER! 89005237
contained in notice from The Vail Village First Filing ProPerty
Owners Association recorded April 10, 1981 in Book 321 at Page '
423 as Reception No. 2L779L.
SIrE1VART TITLE
ouan^rtl corta rt
rt ')
1.
2.
CONDITIONS AND STIPULATIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
lf ths propos€d Insred has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relierred from liability for any loss or damage
re*lting from any ast of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. lf the proposed Insured shall disclose Erch
knowledge to the Company, or if the Company othenwise acquires actual
knowledge of any zuch defest, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but $ch amendment shall not relierre the Company from liability
prwiously incurred pursuant to paragraph 3 of these Conditions and Stipulations
Liability of the Company under this Commitment shall be only to the named
proposed Insrcd and zuch parties included under the definition of Insured inthe
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (bl to eliminate exceptions shown in Schedule B, or (cl to acquire or
create the estate or interost or mortgage thereon covered by thisCommitment. In
no event shall nrch liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the conditions and stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the propoeed Insured which are hereby
incorporated by reference and are made a part of this Commitment exoept as
expressly mod if ied herein.
Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment.
STE\VAR.T TITLE
GUARANTY COMPANY
All notices required to be given the company and any statement in writing required to
be furnished the Company shall be addresed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERTAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
3.
4.
Page 5
- Amarican L.nd Titlg Arsoci.tion Commitm€nt
a
-.
--l
Iv -)t)td 1o/73
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STE\VAR.T TITLE
GUA RA NTY COMPANY
This Commitment shall be effective of:tlie proposed Insured and the amount
in;Schedule A hereof by the Company,of the policy or policies committed foi
either at the time of the issuance of this endorsement.
This.commitment is preliminary to ffirsrince of suci potiEil or policies of title insurance and allliability and obligations hereunder shail"&s$ano terminfie aiiironih, aiiet tne effective date hereofor..when the policy or policies comniitt4 for shall issue, whichever first occurs, provided that the
l1i1i': j:,:':1._::_"1, q:li.y or poticies ii nbtrhe taurt grttre Cornprny. inis bommitment shal not bevalid or bindins untit countersioned bV;i$ffirizeO *ficer or adni.
IN WITNESS WHEREoF, the caused this Commitment to be signed and sealed, tobecome valid when countersigned by officer or agent of the Company. all in accordancewith its By-Laws This Commitment is eff€Gtiveasof the date shown in Schedule A as "Effective Date.,,
Wffi
\dn tit)' ,'t ( rrltt4rl
:tt,lt.;l
Chairman ot the go.arO $isi,ft
tr'... lso8.€
!-#r.i.r*,0'
s6ria, No. C.|601. 180 395
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V::i1 Ascoclates,
rzho-,r {rd&c:8 jr VAII ,
Colo::geo
J:'5;-i;il-11;*#1i "",
a ll.olBed parcaerehlp,
Couaty ol Eagle ,.Ed gtrt ot
,lort'boconaidcrsrionot Ten ($10.00)
dolLrl is haad paid, bereby rcll(r) ud couvoy(r) to
Ver:on Teylor, Jr.
wLogoird&etriu rozo Denver Club Bulldlng, Clty
D;ovcr , ro,i Sretc ol Cclloredo
Couaty ot Eagle
Lots 5, 6 and 7, B1ock Z,accordlng to the recorded
To3echer vlth the rt3h3 to u:it thg rocdo, 8cr.:t!9,orlvcg, lanea, pleccc, ctrci":i ;::J uaj,l:-i-eyc c:;
91,-".1 9n tbre !.tep or: VatI Villa;;r, Irlrsc Slil:;flled ln the PIaE DooL of E;glo icu.rCy oC p:;:s 4g:::J 50, for accci-:: co and f:i;r cl€ p:c_:1ecir1;itlr:hrl;i.i clr,ell be cppr:-;:c::s::E go c::J rua wlth i.-; _L...;:::'.d cl',:j.l uoE L3 sc.::Ci-u:J gs Li] pc:rco;al to Ll::r
: .:''t n.! tha c--:r,.::l ! : j!.
-" --1r.,,_.. --[i:
3nd - Gr';:i;'..-
tlo lollorlry rod property in tir
,.Dd gt t of 6lorrdo,towttr
,2 rF/rl 1bhL4.'
ValI Vlllage, FlruE Flllng,plat thereof;
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BEST I
COPY
AVAILAILE
/s/ .lofrn David Sullivan
Notary Public
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partnelsn5 gr ,1nrl \t1,.iL iiSSiCf.4-?E3,
LTD., a 1lr'ritocl pt.r'tncrli:Lp,
lnn
'r'fii0l! fT li/r}- COIICIRI'I
li0::C:f\ni CO'vE;;.'\i:TS 0l 1/.'. ILr'rlr_-v-. 'ull:.tL, I IJIDf l'-:.!.j',it i, )).'.'J )i
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ii:ccRDED: iiook L?hr Page 179
RECITES: '5iiilEAS, ValL r,'.'-iia5e I:'.n, i,';d., 'L iir'.rited partnor3lrlpl 15 -tilaor/ner of a ,itvidod portion "i tl':e fo1.''l-o';r j.ni: dosci'lbcd larlds r and V311
Assoclstes, Lt,o'.1 a lirriteC i:rrtticrrl..i.rr .:.: tlie orvno:r of all r.rti:or pof tlons
of tho folloving; describeci lnnds:
That portlon of il:e ill,l;rl'of l:ec5lo:.r ? arrd tho ttl':;;ll;-^an-a
SEj:;I-,} of 3,:ction '-, c.11 in lcr';ttsi:i;l ! Sorrth, Rango C'0 '1'ost
of -ih6 €,tn f .i.:., lri;Ic Co'-tni-'-, C.'rio:'ldo, 1-ncluded r;iihln iho
fo1lor1 ng r'lerclil,-:i Lrortttcll:'icc: :':-;innin6 at a roci: col'ner
on the llno bctr.'c,-'p bhe abovc :.,-lcl: jecticns 7 and 3, cot for
t1"; e Ih6 cornelr ',-.ctl:een birc l. ]' cf ^r icl Sectlon i and 3, i.''nence
thc i;l tness col'ne! i,'-r 'i;lrc l/!:- c';.':'.''r irr:ti;ecn such Scctlons 7
attd B. aIso a t'ccr.: c()1'ncl'.r.i('jiil'ij'..0"?3tii'r a tlisl'r'nco of
211.1[ fcot; t,h^]rcc 3. i,;'111 'l ' r., : lj.stnnce of 161i0"!J loet
aloni; t;hc truo l,'ourrcler"' oi ' ll:e ,'irl ic Ri.v'er liatir.rnll 'icrest I
thence 1T. oo23t:7. , a ciisin:: c't ;! l'-22.53 fcot.; tilenc€ ::'Eo 23t
E., a <1is';anco oi lrjO.22 f c:,:'.;; ll--r.::ce S.?2ol-4tE., .a -li:+-a::co
ot 317.15 foot; ihrnce i;.Ci"c2rii., r cllslrnce of 571.b? i?gt;
thcnco 5,71" 27 i i. , " dJ-c bancc ci l- 1,?. 69 t ect i thenc:' i, . Co 23 t
',?., a d.i-stanco ai 69j"'!'l tr.::it' io ;:'.r: sorr'"hon1y ri-6:ht-of-";ay -line of U. S. ir j-'i'n'.rrlrv Ilo.6; ilrcnc: S. 79o!6t8., a iistnnee of
2723.O foot alou; "rth "ouLi:c:'1 7 rl::t.tt-of-ivay 11ne e! such
U.s.iiiShwai' llo.i:]' ii.lcltce S.Cn02i:,.,. a cllstanco of 1260.12 feot;
. thcnce li.$it01 r".'., a c1i.sl:r.:rce cf 1.12.93 feet; J;honco 5.32o29t|l .,
' n dictanco of L1(.12 roct' b:'-tillc. ::.00c0t '"', e di's+-r'nce of
l2o.lil+ f e at; th(,; ce ii.6?-c2i.,'': ., n. d j.strnce of 611-.50 lgg,t,; ....thoni6 lI .O"O?t'.';., a <tj.sbrrrcc -'l i;i:3.i foctl thtrncr: S.Bto[f i'I.,
a distance ot l-322.52 feot t,r i;hr ;,oint of beginl:ln1;'
".'Jiiiin[i'S,
Va11 Vl11cgc I:rn, Licl ., ancl '/'r.'-1 Assoclates, Lid., hcnelnaf ter
sometl:ros ref err.ed to as C"rncrs, i.esir-e 1;o 1,1ace cerbain resiricttcns on
the use of the ?r.trcts, lilocks anci Lots ghc;'t't on tho lriap of i':tiL V!1lcge1
Flrst FLIlngr f or the benef lt of or.;:rer:, ,rr:i ',;lrc1r' respectivc 5r',r,'1toe3,
succosccrs and ass:ip;ns, i:r 'rrdon io dsl; rblish and nalntain tlte charr.cier
and valuo of roal ectittc ir VaJl Viil'tgc.
i{O;'t, TiTREFCRE, lrr ccnsicleraticrr c j: i:r,J :r'orxisos, Vail T:-ll-ato In::r
LtC., e.6tJ-ni: r-.cro by cnci ilrror,t3h J.:ln)er'. j':,iricrr Abtornoy-in-Frci u:rdcr
a Pover of iriiornc'-", .ia;.. .'..u';iic t 3r" -:it1 , t"""",:6a-:.n cooi< 1?l+ ait ia30
iZB of Lhc reccrds' cf i:i.: Cl.crl: r.:1.; ..:-c.":tl,::' ol' li.'rgle Co.rnt;-, Collo:'r.ict
and Vcil Associabcs: Ltd., f cr -u.tlr,::;c l.i'cl .,::r.1 i;iteiI' rCepcCii"'l illl':iec;t
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BEST.
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covetlr.ltf s aro 119.d6 & pr'rt.
i:i:'., iiin.*1"'=ii"''sl,,il,;.i.';2c st.e.r.t- :, .'.'r, ....'rch i.ules g;rd r;-lrvs rnd
.l .i n a-
aCopt
, t'': +-::-:+"---.1; ;;.,;',:".,,.,."".'..ri"-)i.j.r.,rc iJ r,ovc:'n lts i'rcceedinr-s.SuCh .)rOcedr.irgs 11s l-E rilJ: rjctj: I ir -'1'11- -. -.-:- r...:.., r*,]_- i..r.n,., - .;n1i
o*rei'1=;,r'"##ffr'Trr-',-."'.n':;;t'-;uii, 'i '''"9-':.':1:::?::t*,-::^;lt',lt'""t'oEne.t' J-iil.:-'l uv rirru-r 'J la bion t:-grgln he
n:-o"f. o: Loi, nor shali r'.n1r nd'1ii'"'':) iji-11''"':".3i ii::'- 1^aa!inn F.r,1;i::: i;r!i"i,.ll'";;'i";:'':;li;iii;;i..:'oir,5't!: ?11?I:,t?:::;::::."Itt::tot='IllE:"lliil,'';;l-"li:i i,ii.'I.'r":".""ir;n-"-:iti'";;:-:"::":?,;';.::";:":"e"
;l:"3:il,];1"o".,i"]'r.easorrairl;,, r.e..r:ir.o ;:rl,ii t"t".'" bean subnj-tted to and
successors anc. assLlns, do ho r ebii 1:,,--lo.:c, :;];'tr.ll 1sl:, prrl':1ilh, ""lll-t?":-,--i;i;;r'i;;lcro irrrd ,,,;"6o i':i';5, l;o- nr'.d'for' ;i c bcnef 1t of al-l !ersons \rl1o
may hcreaftcr purchriu u" f e:i:o p.nci i""tr- t:.,.,. to '" 1:".ro sc o1'/n Or hclc any
oi the Tracts, llocis anrl Lo:s in Vlil-iii,. itC"r-lirsi-Fll!:r;, ':hat thoy
orvn and hoIrl all Cri i::rc .1.,tr,is j;1 r,r'.1 '.1-rrirll':ir-itirsb Flli'r5r ^t*,t;oPt I:.,
the f e:l-loi:/lng nos trlcticlrs r cclv.lil:rr: I l, .-ic r"i,'' iiiottt, ell-oi iiii j"cir si:aI1
be .doonod. to run ,r...ih :ho ia:rd .rri to'.'.it'.'". '-o r'\e heneflt c' rr'i tre t'1r4-
ing. t.tpon tro O,'rnei's, i;ilcir l!i:?-ctitt! ',r':llli:cr):i I 3"'rcccslors a:"d ass"l-gns'
-- " r-. FT,,'rr'l'ilj,::i .r.;D A:rc:lrl:c-:--il''\L c.::'j"lf'-; r, l,:i'r::lii
1.I. Cor':riil;cc. T;ro 1'r atlnin5 :"lti
"'t'c:
'-'-;:;ctrlrsl Control '1c::ir:ittee'
f.r"""i,.riiU"i;-toi'#fad. i,r r,-; T,rc, Cc..r: 'j l,:.;ci)' :'.'':l 1- ccnrlst c! i'"ie r'r-:rircrs
,vho si:aII tce aesignetca lt;' Crr."*., t;'lc.i.r' ^ 'ncr'ssrr or, lai::';.1!'-!:..t::1"t"
uit-,ay, rnci aTprovc o. *cji.cit:'roroscC jr'l:'rc"'trlonl;s vr'l-ihj-n t::e n.res qc-
sct.i1:cd. in i;ne I i.',D oi' r/;r i1 1/11-1nttn,
-iii'.it-: li,i..:, of whicS t':eso res triciivs
-t?:)-1.,ro"V
'| oal:x
/
approve,i by lire Col:u::lttcc l.n ';r'-l ill:;"
1.11. Critclria. In;rass:"n5 t:tron r:''rch 1;l-etrs r'nci speciflcatlons' tho
Cor.,"::i. tto e ETiFff-66n s id cr :
I.4.I.thosui1;nbll:i-b;;ofti:cj'nnt'cv'':::ci-ttani'nat-crielsofi:rhlchltts
to be consiructod to i;hc silio rj)e,n l,.:-'i ci-' l: j's io be Iocatcd;
"- *i.[:e: - iha nature oi ac-i1's6!]i :r iti t":'i 'i:i>cr"i:'l:; improveixents ;
1.4. j. trre quality of L:re r::.leriil.s-;;;'-;; ,.rt'il12-ed in an;' proposcd lnr
o"t"iTi;'li: lil errect or ani.i,roposed r.r:r;,:.:-rer.re:'rr on tho oullook of anv
ad jacent or ncl5hbor'1n5 pl'c;icrf;'.
It s|raIl l:c g'n obJcctl.'rc of li..c Cl::':'i.i1;oc tc r:l:rl<o certrl:: thnt no lrr
proveirrcr:t rvill bc s o iir,.l1ar or so .:i"s,ii ':f.'t" io others in tl:e vi-clnliy that
valuesr rnonctary oi' ac:.:'r;irciic, ";i'l-1' bc i-l',raiIecl '
1 . rrr!rra.r- rf Tirc Cor:-:itlcc r i Fi.. jl.r-tlc Lo- -r'-c'u. In tl-ro c"'ont Tho. CorrL'>' **:: :nittoe iairs bo ";ori#
:-'::'-'i;6;u;' '^1;,t;; 'r'd-ii;eclf lcaticns subnltted
to it rvj.thin s1xt.'1 dalis of sr-tbnissioti t'''t1 t'tt' :ruit -to cn'join- ihe constnrctlon
has boen connenccd ;rior io thc """i i."i:-"n 'ii',ereof , approval shall not be
reouincd ancl the nelatecl covonantg ;i;;ii-;" aoto:'nineit to hnvo boen fulty
coripltdt rvith.
2. LAI'ID USE.
The lanils 1n Vcj.I:/illuagr.r, irilst i,'illnir shall be usod for the
fo1lowin6;;;ti:::tln r1o.t,. ]:1rrd i :;t:^,1-L br:..:se,i on1y.for.1ri'.rate rcsJ.-
dencesrcach'uocontairtln!rlolo;;t1v1i:rcsc;:e"raioapartr:cnts'2.2. tre n'n.'or:ii i::;,,11.:tll:r['l;i:";?:;.li"lnlir"l3';3u"3il]"f""ttLots 1-).] UnSUrvc)'0d" nnd !ol5 r!;-ru ;r j'l rrr v u!r w\'
r.Ovr_hOUS e S __coni.1.111,:c)__
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/A, ,r.to3 I|. olSr I
'-, I-raocl---
2.3. iirc l-ctterod Lcis in i,loc!.:s ?, j, ':1 , 5-L, 5-R, 5-C, 5-D,and
!-E shr.11 be itsecl f or :r'ra:'t:rcnti, I'c+;1il :.;.ro'rs, sorvlco sho j:,s, rcstau-rants atr<i tea-roons, ho;cis, 1oi6cs r 'r'-.oirlr:ssional of f j.ces e.nd nedicaL
cl-lnics. Lobs irl and Ij ci lllock 5-D Irr..:'L,: used &s automobtle senvlcostetlon sites.2.1+. The Lots ln llccl: 6 rirr-]-I I,c uscci f or private rosiiences, nrJ1t1-fan1l;; d"vollinos, .nnd ::c::.:rersnio clui-, hcuses not Ilccnssd to so11 liciucrs.2.r. 'i'rects /r ihrou;:. ,r i'.ird i:.c ,ri.c:..1 sho;n ng P-1 , P-2. an<i P-3 :hLIl-bc ded j-catcil to sr.rch usc ..rr :/aj-1 .,',.ssoclrr.;,:c, Ltd.., ancl its successors aidasslgns, sireII des ilnaic, irut j.n no r,,vo::t :ira11 such dosl6nated uso belnconsistcnt vith theso clvonents.
3. IiASIIEIITS AID R:::-iTij-OF-,',Trll.
1.1. lnsernents e.nC rj:'iris-oi-r;..r1r itr roaCs, ilnhtlng, i:eltinq, clectrl-cityr tj1s, tclcirhonc, ;.'r.tor', s.',Jci.r.:e, i,,:'.i,ile natils, and podestrlan tra.f f 1c t
n nd n n-. a l_nn.:" l:'{ rrd.*..J of pr:i:J-ic or. c:lr.si r-.rii;iic ';l;ility servLce are :teservcdas shorTn on thc plat of :.rail- r"fi11r.,--cr:ri:'l: i Filini;. Iio fcnco, vaLLrhed6e,ralri.cr or otiror i.ncrovc--.c:ri s:..r11 'Lc crccicd ':r. nrintalned nlonr::, on,
across or li'iihin ihe are:.s :.eseryco :'.)r cil.:icr:'lcnts and rj.gbts-of1ray.
4. SIGilS. lro sir;ns, r111t;ol:.r;.';, :'c,stcl' 'l;cards or qrivortlsinC otruc-turo of an;r i:1trd;hcIl i;r,::'octcd .'r':'^.j.nLrrincd on Rny loL or stl'ucturofor :tn;r pu!'pose ;ltc,tscc'.'cr, o.,icol.)t .': ;ch :'.1ns as h':.vo bcen enlrc'red bJr
?5e Ccn'ri.'ctee as rcasona:1.i ncc()sslt"l.. ior rl:o ldentlflcatlon of resJ.dences
ancl piacas of husiness.
5. ;:;A?Ei AITiI Sli,/:iGI. .jach ri:r'"tcL:r:.c rl.r:si;;rcd lor occunancl' or use
by hur.rrrr bcln;s shall cr.l:':.:ct ritir iic v;li:cr ,rnci sewerage facilitles ofthe Vail i'lratcr rrnd Sanl';:;ion List:.-rct,. Lo l:r'ivgtc t'rell s:aLl bc usod
es & scurce of tv:rter f c:" ir'.:r.ran consun;'tion or' 1rni1;ation ln VeiI Village,First li1lng, nor sirali :,;:J1 facili;y cthcr Liran ihose provided by tirot/ail ,7a.tor ai-,d Sanitatlcn l)i: brict ':;c uscd f or the dlsposal of scl?afio.
l.lechs.nj.cal CanbftC',e dlspcsel fac:-litj.cs srr1.l. bo irrovided j.n each kltchenor food p:.epo.ring area.
6. TRAS:{ A}ID GARF"|iG::. i.o t:ecl:, :ls':ics or otiror rof rrso :ay be th!'ovnor dulnperl on anJI land i;iti:in rr'r.rI Vilr-1r:.1;c, :';1nst Filtnc. ?ho bttrnlnr ofr€fuso out of doors sirall noi; bc per;:it,i;c,d -j-n'i/nil :/:i11ngc, firet Fl1in5.
Iio incl.nelrtor on oih€r :,rvicc for' i;he l;r;r.nin1 of relfuso lndoors shall be
constructed, installcd or urcC !; r.:t;,r ire!"i.,n er:copt as alpl'oved by ThoCorrrlttoo. E'rch proport:: or/ner chnl-'i.,r:'o'.'iclc suitable rcceirteclcs fortho col?ection of rcfuso. Iji;ch
"4s.:
;1-,ec1..rs: :hl1l bo scrocuod fron pu.-,I1c
view and 1r:.o te ctcd fron :istr.irbrrco.
7 . LIrrTSTOCli. llo aninlls, ii'res ;ocl:, i:ot'ses or -noultry of any klnC
except Ccgs, cats and ot:",rr" hou:eilol.i i,i,i;r'i ;ira11 bc kopt, raised or brcd
1n Vril- ViIln'lc, First l-1in1:, ';lcc.: i:r ',.:'c:rd Cosignaicd irll' such frul'-poses ::y The uornrlttoe.
L,'
8. TREES. llo trees ;-.n-'l-1, cc clr b . :.:'i:-::cil or renot'cd 1r: \talI VIII.r6c,
Fl:st lilllrr:, e:(cept lri. bh r.'r'1or' ;r.i.t: brn rtrr'::ovr-1 of i'lrs Connltioo gnci bt
ponsons Coslgnatcd by i'he Oorr"alttcc.
BEST
' --" qt- c on l. :i:'ltt :,r't --
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I rdoJ
I odSt
9. StT El'Cl{ :ilQ'Jl-Pil:,;ll.:fS. 'll'-r-:rc sl:al-l bc no Beneral re.ui:'oricntsfor t:ro iocaLlon of ii:roi'ovc.-ronts ',i.'"';h rcl'r'; j.on to 1'ron"t'ty 1i::cs r h:)b the
locetion cf ccrch lrtprovcr.:tr:t rlust bs :11n1":"sd in c<lvancc bl' !;:c Ccnll';tec.
In doternrinin6 ihe pro:ocr l.oc:rti,-,n for c'...c:,1 i:'.pt'ovci:ie:rt, the Com:,lttoe
shal1 ccnsid.cr the lLocat:i.o:-r ci c::istilr,-: ..n.r :u'Juro inprovcl'.cnts on ndJacentproport:/, the rvishcs of acl;:ceni 1',r'o'icrt:;.- ci. irc:rs, and such oiher nonctaryor pestr':tic consid.er.r'.tions ss i: r:r..,' <1oe:: appl'o?riat€.
10. L-tlDSCAPIllG Ai) G,''iDll:11::i. ,i.1.1- ru-rface arcss disturlre C by cci,-
struci;i-cn shall b,l neturncd. -,:.o;::p ii.';' lr, :'.'.. i.r nlir:ra1 conCiiicn anC re-
"\.l nnlnA .:n .rnf .!.ra-.. , - rnlsros, c;:ccit r;.".c1': ,: lci: lrrcas ere to bc '-::prcvcd b; iha
cons bructicn of 11ardons, 1i.'i.'n!, :.111 .:::1;ct'irr Iivlnt: are a5, ;:i',lcir v-i1l- bo
pernlt, bed only af icr' lh.c pi:.ni trc::cf rr s'rr11 nrve been apprcved b;r lho
Cor"rr1 ttce.
I1 . .tRBr\ iIQirIiiE:til:::J. lio s';r'r'cL:'t.':: tl:,:ri-trcd for hurun t:se o:'hebi.ta-
tion s l'r:11.1. bc cone 1;t".:ctcd ur:1cl:: l,irc :'.: i'' -:i:c floor grc;1e c:.:cl"usivo of
opon 1>o-'cl:cc, brts':.:ta;1bs, t^.:'-r:r:'i:c ...;'<. -', j.''1.',.1, slra1l be ':.:: :.1:ces5 cf !10
sqllc.rc f ect. Thr C otn:'ij. 1:i:,,c ri:il.f r-,ri;r:'." i::.: f t"on tha dee :i':11 of ilic j.::r-
pr.ovcre::i r';l'.eti:er :ur aro'l r'r:l:1ch j s :r:rr.'ri--.1i.- llclci'; 1;rac1e s.r:.J-l qu:.11f1,' as
&roas tcbbo inclrided li.ithin i,-rc nlnir:rr:rn'::--';t.'.ss1bic aren"
L2. :rRiDt li,\i:i3. i.o '.zolri, njl::c, r;.. :i)cr-, ol' co,"iblnaiion ll.creof :hnll
bo usc<1 ic idc.'ni:i jl)' f oi ccr:':ct'c'-:'.1 :'i:.''::,o..:().-; J. hcuscr stl'uc';'.::'er cus j,nc;s
orr Eet':,'i co in ].rn1L Vl11rll;e, lli':; l:l i.,'r:--', ;:t1css thc so.:::c s3311 i':a'to i-rocn
f j-s:t r:rl.nnrlad ': ,1 ''b{r.rh.- 'h-' -11.^ ''^,'_:''.:i:,:.)..l r j. wrrlj, vJ
13. !!I;PO?A.1I SlriljCT':;iIS. i.o tr:;rrr'o1':1.'-'-' :- bl'uctr:re, e:lcavgtion, basc-
nrenb, '::'c.i1or or terlt rl-ell i:e r' c:'.::.i ,ib r':', i-l: Tr.il Villngcr J.:'rst Filin3v
excopt as l:tay be t:cces:l'.r; cl'-l:i::': c/)n.(-: Ll'.-',c:ion anJ au bhorizeC b7 li-te Co:r
nitto,r.
flr. CO!']Ti:ilII; OF C:r::S'iP.;C.l':O:.. .f.r-L .:-;?:ici'lires cormonced l:l V.,j.I
VlJ-J-lge, Flrst I,'i11n1;, slrri-'1. ire l':'o:,rcir l;;r.i 'r j-Ii6ently to cor?lctlon and
sL:srll bc colrplotod lzj.ihin 12 lnonilis ,:,il cc..-r:: :ncotticat, c;rcopt l.'j.th t'rrltten
cons ent of Tfrc Colltrllt be o .
L). r,ur.Drlri,.,,1. l,io noi:lous ot:coff ens j.,.'r :..ctl.vitl/' ghal.l bc cirr'led on nol'
slra'l I n:r''r'l:r{rr' he dono o:. ::erni.ttctl ri:ich ;l'..r11 constitute a lubl1c nu1-
sance in ?rri1 Vi11:r3cr:rr1'3i; iil-:in:..
16. flilCES. llo f cnccl: ; r;;:rl1s o:" ,--,'i.li.t i:::rllers c:ra11 l c 2crrrlited for
the pur:ose of cnclosintl or ionalcliir.rr.; i.r'rlicrt:i bounCarlcs j.:i ilccks L,
6 and 7.
L7. :!'i:lcl AID DURAiIIC;'T Oi? co:it''.'.r::S. lhe conr-lliLons' r'cstr1ctlon3,
stlprrlation.q, anroolnolrtJ 1:1d covcii.r;t i;r; ecl'r';r.i nr:d licreirt shnli bc for tho
benefit oi arrci b:lnciin4 Ll!)on c:rch i;r..ct j.:r i',, j 1 I/j-l.1alic, Fir:t Fil.J.nlr atrC
cgch <.',';r:er of pr'cperty ';hc:'citr l ::ir :,:r: .r:: - r1's r i'ol')reseni.'rti."'os anC asslians
and st::e.11 continue ln frill- io:'cc .rn11 r''r:r: L uniil J,tnuar'1' 1, i-|p!, ot
r:rhlch llne iYrey sh:r11 b r,' niliolnrtl,ctll; :.':Lc.:'led for ! succossi','e tcn::s of
10 years cecn.
'lu.r ar.'r,li * { annrrri vu.rlr!u..-..! t cst,'1.,r bi-r)lls e stlpulatlrns, ant'oo,lent!!
BEST . ''J
COPY
\-
,../
r n
^ ';??'T\i ir:r.;m
-- e., i i -i ltiyi d--
i Aveg.4g1a
7; l6ig:i-_._
and covenants containod ,1.,rein s:itrl.l- nc i; lt^
nr" nr.';'rried 4'-nn:1'. \i. !arrr '1'r'n n-,... t "'t a: i, ', .
( Corpot'ate Soal )
ATTES?:
J. Robort Foirlen
J. ltoOort Io'YJ-or
Secrotary
sonr. NJ
ttqi'cli'/r
i.'r J.\r 3d r abandoneC, t cr=lnated,
.';'ners of 75ii' oi ,'hc PrlvateIY:.Icil viIl&i1c, irirst ir1ll'n[:,
i'llc ln i!:e offlce of tho
'.r.".IL ,ISSOCIATES, LTD., A Llnltod
,'r.rtncrshlP
-t i)etcr'r7. Scj.l:crt
Pcton ,;. 5cibcr'b - genorar
i'artlrcn
-r:r !;1o Vail Corpol'atlon - Gonernl
l'ertion
:,;.t .To116 j;', . Tt:l O ed',fnn't;ffi
t\ '\,<,
I taoc 'rq.*,
,,.
;
o','/ned Ianci inclucol i'tl i:;in iirc ultr,;lcllll':-r :,
as tne s3:xc !l:l.y ihcn l,e thol'/n b;' ;i:r .: i , l;
Cl-erk lnd iiccordor of .:rt 5, 1 a ..iouni;:; , C 'i c.r:'l
19. niiioRcElE::T. If :'lil i:crson ::i''r'1'l' .'-- :l'atc c:' threaten to vlolate
uny 6l i5e plovi.s j.ons of this- .instrLl:1,-'lrt ' il sl'rr.11 bc let'/ftll f or any person
or pcrsons br:'ning roir.I Di'opc:'t;i 1.n I/er.1 i".i.l:r;;e, Flrst Fi1ln5-, to instl-
tuto pnOcoedings ai; lan or -i:r cc'u j t; ;9 cr: lct'ce lllo provisions of this
instruncnt, to restr$in ir-c i)erscn'.'1o1rrtj.:l- or ihreqtenJ.nS to vlolato
tiren, and io recover den:qcsl actuai r:trd
':un.itivc ' fo! such violai j.ons.
20. SS\rEi^BILITY. r:-rvctlicai; j.on oi r.r'. "'1c of Lhe Frovisions of -thlslnstrunent iiy Judgrncn'u o:' cotir{'; orc'lcr t''t' i:t'c:'co sharr ln no rvise cffect
any of thc oth6r jrovislcns'.'rl'rlch r:lrrtll l.cr:tin in fulf force and effoct.
EXECUTD thls l+tit dsr;; of rruiiust, 1?{r2.J. Rcbcrt Fo71or
I-l-iio5-c-i'1,iTffi ler;iET6InG-].-f'-'".ct fo:. Vail Vtlh,:e fnn, Ltd.,
'.:::cer that c01"tain i'or:ren of
..ticarlto]rr datod A115ust 3, ]-962,
rnd recorded in Bool: 1l\, at Page
1?3 of tho records of Eaglo
Couni;ir, CoLorado
ACKi'iOirLnDGED: Au..lust [, it6,Z by j. .l.c';:r'L ;o".l.orr as Aitornoy-ln-inct. for
Vai]. r/1].lafie Inn, I,bd., '.:r.1or' :r ccrt.r..l.n :-.:...en of ...i..,or'ney, datcd..4rtgrrst.3l
1962, recoiaoe in Foo1i L7ll, nt PaSc 1.73, ri 1;l'Lc records cf ''.,he t'lcrl{ ano
n6c"taor-oi Eag).o Count;,rriiIo::".(.io, ,::'lC '.::i -'otor-"'. -Selbert, ono of th-o
Gener.:r1 Partnors of Vaii'1!ssoci.atc3 ,1,\c', .', I 1ir:llicd partnershlp, rlnd by
ioftn n. Tr:reecly as vlcc ;r:.e:iCctrt of 'li..e i'':.i1 Cq.,rnoralionr trh:!'ch corpo:.atlon
iS tlro oihor GenOral ParttrCr of l.rniL .'.s:i1c:rl'\,or'r, lid', bcforo I1ott1' lelnU-
(rlotar,lal Sorrl. ) City an.l couni:i .,1 Denvorr colorado. con. exlr.
).'1(,(.',
FrL@ FoR REcoRD! the 10 <]ay of Au(ust 1952 &t i0:00 A'l'1'
1t ,,* .,. *f
EEST
.*,,;_"t
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!
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,'i.\09972-rii€,d for d: Jan.17,tq/:g n+, 1:1o l:'.1'.
RTCHT OF I.]AI ACREEIIEM
Received of. TIIE l.,rorli\TAi:,i srATEs rEIEpHolE At{D TELEORApH cor,tpAM,
DoILars 1gf6OO.OO 1
il consideratl0n of which the
'noersigned. hereby grants, bargains, sel1s and,
conveys unto said companye its associated and aIlied conparries, its and their
respeeuive successors, assigns, Iessees and agents, a right of way and easement
to constructe operate, maintai-n, repLaee, and renove such cormqnication systems
as the grantees nay fron time to ti"rne requiree consisti.ng of undergro'nd,
conduit, cables, lrire€, nanholes, surface testing ternrinals and narkers, and
other appurtenances upon, over, and unCer a strip of Land Twenty ( 20 )
feet ln width across the land which the unciersigured owns and wirlch is located
nlthin the County of traele , State oflolorado
ithe center line of sald strip being particularly located and described as foljLowsl l
)
-Rocor:ri
A part of the Ni-NE+ of Sectlon 14, T.5s, R. Btw, 6tfr pirt., to a polnt rvhlchpolnt ls approxlmately 420 feet east of the .sl,I corner of- sa1d. NINE+ of sec- ;tlon 14, thence N. 29 degrees 41 ttt. 14a.1 feet, thence N. 64 de[reds 11 rr
lT+.3 feet, thence N.44 degrees OO'E. 142.1 feet, thence N.63-degrees
9?:8. f2?.2 feet, thence N. 54 degrees I4tE. ITz.B feet, thence N.-43 degr.es r
l?'-E. f72.8 feet, thence N. 51 degrees 11 tE. IOO.f teet-, thence N.59 degrees49t-8.215.2 feet, thence N. t3 degrees 33rE.474.5 feet, thence N.47 de[rees
2JtE. 197.2 feet, thence N. 64 defrees 46t8.237.0 feet, thence N.58 degrees25E.293.2feet,thenceN.63degrees45'E.226.6feettoapo1ntonthe_north 11ne of sald N2LNnf, of Section 14,-vrhlch polnt 1s approxlrnately 2!Ofeet west of the NE corier of sald Sectlon 14.- Sald rlght of way belngapproxlmately 158 rods 1n length.
This grant a.nd conveyance also
rights for the grantees i 0f ingress and
owned by the undersigned to and, fron the
exercising aJ_I rlghts herein granted,: to
provides and includes the fo!.lorcing
egress over, al_ong and across the land
above described strip for the purpose of
place surface rnarkers beyond the above
described strip; to clear and keep creared a1J. trees, rootsl bnrsh, and other
obstnrctions lbora the orface and subsurface of said strj.p.
The undersl-gned grant or, and. ihe und,ersigned e s successors, assigns, and
lessees, shall have the fo1lowlng rights which are hereby reserved: To use the
surf,ace area of t},e Easenent and the property upon which the easement is rocated,,
such use to Lnclude the pLacenent of fencese prowlded I however, that no such use
rr111 interfere rrth or danage the conmunications systen or property of Grantee
installed pursua,nt to thle grants or with the nrarntenanc€, !epar-r, and:replacement
?f 'x
l'
-o
of sald systen and property; to regulre reasonable rel"ocatlon of any
markers pLaced beyond the l1m1ts of the Rlght of t/llay and Easement
hereby granted.
The Grantees agree that the sald communlcatlon systems shall
be orlglnal.Ly pi.aced at least elghteen (18) lnches deep 1n order to
red,uce the posslblllty of lnterference wlth the ordlnary and ieasonable
use of the Crantorrs land, and to relmburse the owner for actual l-osses
resultlng frorn damage to fences, dltches and growlng crops caused by or
arlslng out of the constructlon ano malntenance of the aforesald system'
: fhe Grantees further agree to the followlng ltems:
I.Grantorshallhavetherlghttousetheeasernentsurface
for a road.
2. Grantees shall glve ffve (5) aays notlce to Grantor of
any constructlon or reconstructlon upon 1ts fac111tles w1th1n the
easement provlded, however, notlce to Grantor shall not be necessary
1f the work ls necessltated by an emergency sltuatlon. Any unexpected
outage of telephone servlce shall be consldered an emergency sltuatlon.
3. Granteest fac1llt1es upon the easement shalL be bel'ow the
surface of the grounal except that 1t 1s understood and agreed that
fac1l1tles whlch depart from the cable or cables constructed 1n the
easenent to servlce buslnesses or resldences along the route of the
easement may be constructed above ground unless the subscrlber or
subscrlbers request and pay for under8rounci servlce fac1L1tles.
IN WITNESS WHEREOF, these presents have been executed thls
a
A* day of February, 1968, at /fAdurt4
s'rATE OF COLORADO )
coitr{rY o"Jg&- J ""'
and sworn to before me thls d day of February'
Paullne A. Elllott
-2-
TOWNOF VAIL
CI|ECKS M^DE P
,^," ),f>,7(
i
-rE|'lt*l (]F I,JF| I1_
l"liscel laneous Cash
Ef,-15-!5 1f,:4€.:5r,
Fi*,:eiF,t. * 1€,?ti{,
Ftr,:':urrt. * t:1,1 lt I Il€,
Ftr:rt,l BvFiHE".GFlFFl
Flrri,:'un t t{}nd*r*d .: 4EB. L:1El
Irem peid F not.rnt Ftsid
r:1 I l:ifrllff4 I f,f,t:1t:1t1r:1 4fffi. r:.1r:r
iF, :n,r,: '_,: I r r !'r,,:i,-l ":. r:i -:til-r
-rHF|F,il{ \/OL!
?'rur ra:hier F:EltTHtl
ilign Review Action il"
TOWN OF VAIL
Category Number o^t" r/rrfq49
Project Name:
Building Name:
Project Description:
Owner. Address and Phone:
Architecvcontact, Address and Phone:-5 ^. ,,, ,
LesalDescription: Lot 5 Bto* ? suuoivision fCrt il Vf I l0qf ) ISL zone District i'/S
ProjectstreetAd aress, / Zh F,, , , / 4.. o ../ U
Comments:
.6*niF;taff Action
Motion by, . ,., z. u....-
Vote: :-j-z\
Seconded by:
AApproval
! Disapproval
! StaffApproval
Conditions:
Town Planner
,I ..//4 , ):) inile. /lltll< DRB Fee Pre-oaid ;J't. -*',J-
E.vl.d, 7ll4l94
DESIGN REVI
o
EW BOARD
o
OF VAIL,COT.ORADOAPPIJTCATION - IOI{N
DATE RECETVED:
DATE OF DRB MEETTNG:
!r*********
I.
A.
********!art
DESCRIPTION,
D. LEGAL DESCRIPTION: IJoTSubdivision
E)
c.
TYPE OF REVTEW:
New consr'rucLion (g2oo .ool -y'uinor Alr.erar.ion ($zo. oo)Addition ($50.00) ConcepLual Revieh, ($O)
ADDRESS z / 2-O f-z6r EO.
If properby is described bvdescription, pleiase provid-et,o this applicaLion.
a meeLs and bounds
on a separaE.e sheet,
legal
and aLtach
ZONING:
NAME OF
Mailing
APPLTCANT:
Address:
/)'ts ktl Tanw
tf NAME qF
NAME OF
Mail ing
APPLICA\]:T' S REPRESENTATTVE :Address:
Mailing Address:
I.
,t.
APPI'rcATroNs wrLL Nor BE pRocEssED wrrilour onNER's srGNA?uR.a
Condominium Approval if applicable.
DRB FEE: DRB fees, as shown above,\ are to be paid at. theLime of submitLal.of the DRB applilarion. Liter, whenapplying for a buirdinq permit,-ptbase identify the accuratevaluaLion of Lhe proposal . The bown of vail wirl adjust thefee according Lo the table be1ow, to ensure t,he correct feeis paid.
rue paro: sJd€ cgscr *:l[3] oarn: l/lll9f ev:$bJ
FEE SCHEDULE: tLa /6e ,/l,lAp/
VAI,UATTON ---, ) FEE,!n,hrt? v I rvrvuu
$10,001 -$ s0,000$ SO, 001 - $ 1s0, 000
$1s0, 001 - $ 500, 000
$s00, 001 91, 000, 000$ Over $1, 000, 000
r) zU. Uu
$ s0.00
$100.00
$200.00
$400.00
$s00.00
DESIGN REVIEW BOARD APPROVAL EXPIRES ONE YEAR AFTSR.
APPROVAI.I I'NI,Ess A BUIIJDING PERMIT Is IssUED IeITo coT C Cml ttrri?rh l
iif7
Tnr /I I tttrv|, '
I t995
, DEY.DEPI
JAII I
00[4M
IS STARTED.
II. PRE.APPLICAT MEETING:
III
A pre-applicat.i.on meeting wich a member of the planningstaff is encouraged to determine if any additj.onalapplication informaEion is needed. IE is che applicant,sresponsibility to make an appointment, with the sLaff todetermine if there are addicional submit.tat reguirement,s.Please note ChaE. a COMPLETE applicat.ion wiII sLreamline thereview process for your project,
In addition to meet.ing .submit.tal reguirements, t.heapplicant must sLake and t.ape the project site Eoindicat.e property 1ines, building tines and buildingcorners. All Lrees to be removed must. be taped. Allsit.e tapings and st.aking must be compLet.ed prior to theDRB sit.e visit. The applicant must ensure that stakingdone during the winter is not buried by snow.
The review process for NEW BUILDINGS normally reguires
Ehro separate meetings of t.he Design Review Boardi aconceptual revi.ew and a finat review.
Applicancs who fail t.o appear before the Design ReviewBoard on t.heir scheduled meeting date and who have notasked in advance thac discussion on thei.r it.em bepostponed, wiII have their items removed from Ehe DRBagenda until such Lime as Lhe it.em has beenrepublished.
The following iLems may, aL the discreLion of E,hezonj,ng adminisLraLor, be approved by Lhe CorununiEyDevelopment Departmerit staff (i.e. a formal hearinqbefore Lhe DRB may noL be required):
a. windows, skylighcs and similar excerioJ chanseswhich do noL alLer Lhe exisLing plane of thebuilding; and
b. Building addirions not visibLe from any other lotor public space. At t.he time such a pioposal issubmiLLed, applicants must include IeCteis fromadjacenL properLy owners and/or from the agenE foror manager of any adjacent. condominium associaLionst.ating the associaLion approves of t.he addition.
If a propert.y is located in a mapped hazard area (i.e.snow avalanche, rockfall, flood plain, debris f1ow,welland, eLc.), a hazard sLudy must be submitted andthe owner musL sign an affidavit recognizing the hazardrepor! prior ro the issuance of a buiiding pernit.Appricants are encouraged to check with a Town prannerpri-or to DRB application to det.ermine the relaLionsrripof E.he property t.o all mapped hazards.
For aII residentiaL construcLion:
a. CIearIy indicate on t.he floor plans the insideface of Lhe ext.erior sLrucEural walls of thebuildinq; and
b. Indicate with a dashed line on t,he siLe plan afour foot distance from the exterior facl of thebuitding walls or supporLing columns.
If DRB approves the applicaLion with conditions ormodifications, alI condiEions of approval must. beaddressed prior Lo the applicacion- ior a buildinqpermi t .
B.
n
a
o !rsE_gLg4rEBlaLs
NAME OF PROJECT:
LEGAL DESCRIPTION: LOT -6
STREET ADDRESS, / 2-
The following informaLion is
Review Board before a final
A. BUII,DING MATERIAIS:
LOCK 7
/44,,
B
required
approval
TYPE OF
SUBDTVISION
for submittal
can be eiven:
MATBRTAIJ
Eo tbe Design
COLOR
Roof
Siding
OLher Wal-I Materials
Fascia
Soff i ts
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashings
Chimneys
Trash Enclosures
Greenhouses
Retaining wal_ls
Exterior Lightinq
Other
LANDSCAPING: Name of Designer:
Phone:
E'.
PIJArqT Maren's,
PROPOSED TREES
AND SHRUBS
Botanical Name Ouantitv Size!"o,nnt+..
*Indicate caliper for deciduous Crees.deciduous trees is 2 inches. Indicat.etrees.heiqht for coni**IndicaE.e size5 qallon.of proposed shrubs.
TyDe
GROI lfD. COVERS
soD
q FFTT
TYPE
OF IRRTGATION
T]/PF NF MF"NH.rN TTF
EROSION CONTROL
Minimum caliper forheight for coniferous
Square Footaqe
(-LANDSCAPE LIGHTING: If exrerLcr Jighti.ng is proposed, please
'show the number of fixcures and rocations on-a ieparat,elighting plan. rdenLifv each fixLure from the tiqhtinq ptani.n che space below and provide the height above giade, -type ofliqht. proposed, lumen output, ruminous area and i crrc sheeu orthe light fixt,ure. (Secrion 18.54.050 J)
OTHER LANDSCAPE FEATURES (ret.aining walls, fences, swimmingpoors, etc.) please specify. rndicate heights of retaininiwaIls. Maximum height of walls wichin Lhe front seEback ii3'. Maximum height of wa1]s elsewhere on the prof.rUy is 6,
u.
8
I t,
':
a
^
-:-:=:.+i-_: =F :-:i:; :;_
:] .!
=.'=-
, I >--:--r..aT-o -. {s355
IDCEryED FROM
ADDRESS
s
hmrit Numbers Police Rccelpt Numbcn
TDw PAID-cash-CL.* t l:l I
lign Review Action Cht
TOWN OF VAIL
Category Number
Project Name:
Building Name:
. \-,' ln)€),vt? < S c,^t Lcue
.-. 1Owner, Address and Phone:
ArchitecVOonlact, Address and Phone:
Legal Description: Lot 5 ilock 7 Subdivision
/-
zone District f/\
Projest Street Address:
Board / Staff Action
uor"' tl-C (."r"e',/*^-4)Motion by:
Seconded by:
gfiprovat
! Disapproval
! StaffApproval n
Conditions: . ,, iof) I Oc, td IG > )'.- 5rn
(c- (ci S.-
./
/ I^(,c nCtd \.
5.
6.
:- r-\ f_l r_- -'1
i ; i1i ii\ th liLil uJ L-rJ U lJ
Jeff Bowen made a motion lo approve the minutes from the August 8, 1994 PEC
meeting with BillAnderson seconding the motion. A 3-0-1 vote approved the minutes
from the August 8, 1994 PEC meeting with Kathy Langenwalter abstaining as she was
not present at the August 8th PEC meeling.
Dalton Williams updated the PEC on the roundabout proposal for the four-way stop.
It should be noted that Allison Lassoe arrived at 2:00 p.m. for the meeting.
A request for a conditional use permit to allow for a Type ll employee housing unit
located at lSB Forest RoacuLot 5, Block 7, VailVillage lst Filing.
Applicant: Ron Byrne
Planner: Jim Cumutte/George Ruther
George Ruther made a presentation per the staff memo. He stated that statf was
recommending approval ol this request with the two conditions outlined on Page 6 oJ
the staff memo.
Bill Reslock, lhe archilect for this project, stated that he did not have any additional
comments but that he was concerned about slaff's request regarding the common
sewer.
Kathy Langenwaller stated lhe common sewer was a Public Works issue.
Jeff Bowen made a motion io approve the request for a conditional use permit to allow
for a Type ll employee housing unit per the stafl memo including the two conditions on
Page 6 of the statf memo. Dalton Williams seconded the motion and a 6-0 vote
approved lhis requesl.
A request for a conditional use permit to allow for a tent to be used for the Vail
Associates ski school to be located south of the Lionshead Center Building/Tract A,
Vail Lionshead 3rd Filing.
Applicant: Joe Mary, representing Vail AssociatesPlanner: Andy KnudtseniGeorge Ruther
George Ruther made a presentation per the staff memo. He stated that staft had an
additional concern regarding this request concerning the parking requirement. George
reviewed the criteria for a conditional use permit with the PEC and stated that staff
feels that the character of the Lionshead area would be negatively impacted by the
proposed tent. He stated that staff was recommending denial of this request due to its
lack of compatibility with its surroundings. He added that should the PEC choose to
approve this item, lhat staff was recommending two conditions outlined on Page 4 of
the staff memo.
Jack Hunn, representing Vail Associates, stated that they felt that the proposed tent
was appropriate for the uses they envisioned for it. He stated that Susie would explain
how the tent would enable Vail Associates lo augment their training procedures. He
added that the proposed tent would blend in well with the existing building. Jack said
that they would be able t0 add trees to this location.
Plsnning snd Environmental Cofimission Mseting Minut6
August 22, 1994
7.
:,
TO:
FROM:
DATE:
SUBJECT:A request for a conditional use permit to allow for a Type ll employee housing
unit located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron ByrnePlanner: Jim Curnutte
I. DESCRIPTION OF THE PROPOSED USE
In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series
of 1992, to create a new Chapter 18.57 - Employee Housing, to provide for the addition of
Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts
within the Town of Vail. The definition in that ordinance states:
Section '18.04.105
"Employee Housing Unit (EHU) shall mean a dwelling unit which shall not be
leased or rented for any period less than thirty (30) consecutive days, and shall
be rented only to tenants who are full-time employees of Eagle County. EHUs
shall be allowed in certain zone districts as set forth in Chapter 18 of this Code.
Development standards lor EHUs shall be as provided in Chapter 18.57 -
Employee Housing. For the purposes of this Section, a full-time employee shall
mean a person who works a minimum of an average of thirty (30) hours per
week. There shall be five (5)categories of EHUs: Type l, Type ll, Type lll,
Type lV, and Type V. Provisions relaling to each type of EHU are set forth in
Chapter 18.57 - Employee Housing of this Code."
ln this proposal, the applicant is proposing to construct a Type ll employee housing unit on a
portion of the first floor of a new single lamily residence. The employee housing unit will be
approximately 500 square feet in size and will include one bedroom, one bathroom and a
kitchen/living area. One enclosed parking space will also be provided for the EHU.
As described in more detail later in this memorandum, the applicant is proposing to utilize two
"250 additions" in conjunction with the development of the employee housing unit.
MEMORANDUM
Planning and Environmental Commission
Community Development Department
August 22,1994
*p i'i. B tno,l- 'tG ,f/o{
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Allowed/Reouired per P/S zoninq Proposed Development
0.3611 acre or 15,730 sq. ft.
33 feet
5,173 sq. ft.
9,438 sq. ft., or 60% min.
4 required
20'
15'
15'
15'
-This figure includes two 425-square foot credits plus two 250-square foot allowances for the
EHU.
-.Since the area beneath this house and parking area exceeds a 30% slope, the site
coverage allowance is reduced trom 20/" to 15%. Additionally, no more than 10% of the total
site area (1 ,573 square feet) may be covered by driveways and surlace parking.
Please note that this zoning analysis is based on the preliminary drawings provided to date
and in no way implies code compliance. Prior to scheduling this application for final DRB
approval, staff will insure that all zoning standards are met. Also, please note that the latest
revision to the plans was provided just before this meeting and have not been officially
approved by the Vail Fire and Public Works Departments.
III. CRITERIA AND FINDINGS
Upon review of section 18.60 - conditional Use Permits, the community Development
Departmenl recommends approval of the conditional use permit based upon the lollowing
factors:
A. Consideration ol Factors:
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the factors with respect to the proposed use:
1. Relationshio and imoact of the use on the develooment obiectives of the
Town.
Same
33 feet
5,173 sq. ft.
2,235 sq. ft., or 14.2/o
10,650 sq. ft., or 67.7%
6 proposed
22'
42'- west
27'- east
32'
II. ZONING ANALYSIS
Site Area:
Height
-GRFA
Landscaping
Parking
Setbacks:
Front:
Side:
Side:
Rear:
.*Site Coverage 2,360 sq. ft., or 15%
3.
When the Town Council adopted the Town of Vail Affordable Housing
study on November 20, 1990, il recognized the need to increase the
supply of housing. The Town encourages EHUs as a means of
providing quality living conditions and expanding the supply of employee
housing for both year-round and seasonal local residents. The
proposed unit will have a positive impact on the Town's housing needs.
The effect of the use on liqht and air. distribution of population.
transportation facilities. utilities. schools. oarks and recreation facilities.
and other public facilities needs.
Staff believes that there will be little impact from the proposed Type ll
EHU on light, air, population, transportation, utilities, schools or parks.
However, the Town Engineer has preliminarily reviewed this application
and will not allow the proposed sewer connestion into the existing sewer
line located below Forest Road. Forest Road was recently paved and
he Town will not allow it to be cut since there is a sewer line running
along the western side of this lot. Due to the elevation of tlris sewer
line, a pump station may be required.
Etfect upon traffic with oarticular reference to conoestion. automotive
and oedesh'ian saletv and convenience. traffic flow and control. access.
maneuverabilitv. and removal of snow from the street and oarkino areas.
It is likely that there would be one additional vehicle driving to the
residence. Staff feels that this would be an insignificant impact on the
above-referenced criteria. Although this property is zoned for a primary
and secondary residence, as well as allowing for the possibility of a
Type ll EHU, the applicant is proposing only a single family residence
with one Type ll EHU.
Effecl uoon the character of the area in which the oroposed use is to be
located. includino the scale and bulk of the oroposed use in relation to
sqrroundino uses.
The scale and bulk of the existing structure is very similar to those in
existence in the surrounding neighborhood. Since the proposed
employee housing unit will be located within the building, it would not
appear to have a negative etfect on the scale and bulk of the residence
in relation to surrounding uses.
Emolovee Housino Unils mav be allowed as a conditional use in those
zone districts as soecitied bv Title 18 ot the Vail Municipal Code for
Ordinance No. 27. Series ot 1992. Emolovee Housino and shall be
subiect to the followino conditions:
4.
5.
c.
It shall be a conditional use in the Sinqle-Familv Residential.
Two-Familv Residential and Primarv/Secondarv Residential zone
districts.
The subject property is zoned Primary/Secondary Residential.
It shall be permitted onlv on lols which complv with minimum lot
size requirementp of the zone district in which the lot is located.
At 15,730 square feet in size, the lot meets the minimum lot size
requirements in the Primary/Secondary zone district.
It shall be located within, or attached to. a sinole-familv dwellirlg
or be located within. or anached to. a twojamilv dwellinq
pursuant to Section 18.54.050('l) - Desion Guidelines Duplex and
PrimarviSecondarv Development. lt mav also be located in. or
aftached to. an existinq qaraoe provided the qaraoe is not
located within anv setback. and further orovided that no existino
parkinq reouired bv the Town ol Vail Municipal Code is reduced
or eliminated.
The proposed Type ll EHU willbe located within the single family
residence.
It shall not be counted as a dwellinq unit for the ourposes of
calculatinq densitv. However. it shall contain kitchen facilities
and a bathroom. as defined in Chaoter 18.04 - Definitions of the
Municioal Code. lt shall be oermitted to be a third dwellino unit
in addition to the two dwellinq units which mav alreadv exist on
the lot. Onlv one Tvoe ll EHU shall be allowed oer lot.
The proposed EHU will be a second dwelling unit on the site. lt
contains a full kitchen and full bathroom facilities.
It shall have a GRFA not less than three hundred (300'l souare
feet, nor more than nine hundred (900) square feet. An
apolicant. however. shall be oermitted to apolv to the Communitv
Develooment Department of the Town of Vail for additional
GRFA not to exceed five hundred (500) 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. Aooroval or denial o{ the
reouest shall be made bv the Desion Review Board in
accordance with Section 18.54.040. lf an aoolicant obtains
Desion Review Board aooroval for 500 souare feet of additional
GFIFA for the EHU. he or she shall not be entiiled to receive
additional GRFA oursuant to Chapter 18.71 - Additional Gross
Residential Floor Area of this Code for either unit on the lot. lf
d.
e.
.(
an applicant obtiains Desiqn Review Board aporoval lor not more
than 250 square leet of additional GRFA for the EHU. he or she
shall be entitled to receive additional GRFA oursuant to Chapter
18.7'l - Additional Gross Residential Floor Area of this code lor
one dwellino unit on the lot.
The EHU is 500 square feet in size. The applicant has
submitted an application for 500 square leet of additional GRFA
utilizing the provision which allows for the use of 250's "up fronti'
when creating a new Type ll EHU. No additional 250's will be' allowed on this property in the future.
f. lt shall have no more than two bedrooms.
The proposed Type ll EHU includes one bedroom and therefore
complies with this criteria.
S. No more than two (2) adults and one (1) child not older than
sixteen (16) vears of aoe shall reside in a one (1) bedroom Tvoe
ll EHU. No more than two (2) adults and two (2) children not
older than sixteen (16) vears of aoe shall reside in a two (2)
bedroom Tvpe ll EHU.
Since this unit is a one (1) bedroom Type ll EHU, the first part of
the above listed regulation will be complied with.
h. Each Tvoe ll EHU shall be reouired to have no less than one ('l)
oarkino soace for each bedroom located therein. However. if a
one (1) bedroom Tvpe ll EHU exceeds six hundred (600) souare
feet. it shall haVe lwo (2) oarkino soaces. All oarkino soaces
required bv this Code shall be located on the same lot or site as
the EHU. lf no dwellino exists upon the orooertv which is
oroposed for a Tvpe ll EHU at the time a buildino oermit is
issued. or if an existinq dwellinq is to be demolished and
reolaced bv a new dwellino. not less than one (1) ol the parkinq
spaces required bv this paraoraoh shall be enclosed. A 300
souare feet GRFA credit shall be allowed for the construction of
one enclosed oarkino space for the Tvoe ll EHU.
Since no dwelling units currently exist on the property, ihe
applicant must provide one enclosed parking space for the
proposed EHU.
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 lhe proposed location of the use is in accord with the purposes of
this Ordinance and the purposes of the district in which the site is
located.
2. That the proposed location of the use and the conditions under which 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 Title 18 of the Vail Municipal Code.
III. STAFF RECOMMENDATION
The Community Development Department staff recommends approval of this application for a
Type ll Employee Housing Unit. Staff believes that the review criteria have been met as
discussed in the memo. Regarding the findings, staff believes that finding B'l is met as the
proposed use is in accordance with the purposes ol the zoning ordinance as well as the zone
district. Finding 82 is met, in staff's opinion, as the proposed use is not detrimental to public
health, safety or welfare. Finding 83 is met, in staff's opinion, as the proposal complies with
all of the standards of the zoning code. Staff recommends approval of the request with the
following conditions:
1) Prior to the issuance of a building permit for the proposed structure, the
applicant shall sign a deed restriction using the form provided by the Town of
Vail. This document will be recorded at the Eagle County Clerk and Recorder's
Office and will require that the employee housing unit be permanently restricted
for employee housing.
2) Prior to the scheduling of this application for final DRB review, the applicant
must receive approval lrom the Vail Fire and Public Works Departments, and
show compliance with Town of Vail Zoning Standards.
Please note that under Section 18.60.080 of the Town of Vail MunicipalCode, the approvalol
a conditional use permit shall lapse and tjecome void if a building permit is not obtained and
construction not commenced and diligently pursued toward completion, or the use lor which
the approval has been granted has not commenced within two years from when the approval
becomes final.
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4. Approve minutes from August 8, 1994 PEC meeting.
Jeff Bowen made a motion to approve the minutes from the August 8, 1994 PEC
meeting with Bill Anderson seconding the motion. A 3-0-1 vote approved the minutes
from the August 8, 1994 PEC meeting with Kathy Langenwalter abstaining as she was
not present at the August 8th PEC meeting.
5. Dalton Williams updated the PEC on the roundabout proposal for the four-way stop.
It should be noted that Allison Lassoe arrived at 2:00 p.m. for the meeting.
6. A request for a conditional use permit to allow for a Type ll employee housing unit
located at t*For€st Rod/Lot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron ByrnePlanner: Jim Gurnutte/George Ruther
George Ruther made a presentalion per the staff memo. He stated that statf was
recommending approval of this request with the two conditions outlined on Page 6 ol
the staff memo.
Bill Reslock, the architect for this project, stated that he did not have any additional
comments but that he was concerned about statf's request regarding the common
sewer.
Kathy Langenwalter stated the common sewer was a Public Works issue.
Jeff Bowen made a motion to approve the request for a conditional use permit to allow
for a Type ll employee housing unit per the staff memo including the two conditions on
Page 6 of the staff memo. Dalton Williams seconded the motion and a 6-0 vote
approved this request.
7. A request for a conditional use permit to allow for a tent to be used for the Vail
Associates ski school to be located south of the Lionshead Center Buildingffract A,
Vail Lionshead 3rd Filing.
Applicant: Joe Macy, representing Vail Associates
Planner: Andy Knudtsen/George Ruther
George Ruther made a presenlation per the staff memo. He stated that staff had an
additional concern regarding this request concerning the parking requirement. George
reviewed the criteria for a conditional use permit with the PEC and stated that staff
feels that the character of the Lionshead area would be negatively impacted by the
proposed tent. He state.d that statf was recommending denial of this request due to its
lack of compatibility with its surroundings. He added that should the PEC choose to
approve this item, that staff was recommending two conditions outlined on Page 4 of
the staff memo.
Planning erd Enviroomental Commission Ms€ing MinulsE
August 22, t994
.nQ ffi)ToDoPPENHETMER
BRfEF DEsCRIPTION OFTHE PROPOSAL: ../t
-.//rn *€il.'));;';i;'*r,u)4 {du o{ lza@
/V4uo ff(t'-1ett') 1
MIKE M
Return to . JIM CT'RN[,T[B.
Town Planner
PROJECT:
HEARINGDATE SUBM g/7R7ol
COMMENTS NEEDED BY:
sop,4l nlq{
uomments: u>._ zz,-56tn{ o'c@rt -lo
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11-^.,.-_ _ - l2cvc- :
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LandscaPing:
Reviewed bY: Ervirneennt Date:
commcnts: I /rs.$4r-I - u''o-\2/ooitvrheak'
gr'r€..rc\ errcds rnalifnoyn $itoe c'c ?"7". \-^,,^ .! ..,.\.sv\yvr\< oc\ pipa & dwr
Comments: .
cq\crrY!vv-r\5 oo 9i9a & dwerstu'l
Enginearing:
Reviewed bY:
Comments:
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Reviewed by: T.tr, Dale: 'aiil tl'i'4
Commenls:
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Distributed to the Fire Department, Public Works, and Landscaping on
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Date:
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PROJECT:B,
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
BRIEF DESCRIPTION OF THE PROPOSAL:
eLu) Sf t.te> u) QHc)/26 ftoqs{ ^"(
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Fleviewed by:.-24'1i6zz
PLANT MATER
PROPOSED S
EXISTTNG SHRUBS
TO BE REMOVED
Botanical Name
Cr,v.n^.r-,rJ>
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shrubs.*Indicat.e size of5 qallon.
Sguare Footaqe
GROUND covERs
leo
soD
SEED
TYPE
OF IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
c.LANDSCAPE LIGHTING: If exterior lighting is propo , please
ateshow the number of fixtures and locations on a seplighting plan. Identify each fixture from the ligh plan
on the list below and provide the wattage, height abgrade and type of light proposed.
D.OTHER LANDSCAPE FEATURES (retaining walls, fences, swimmingpools, etc.) Please specify. Indicate heights of retainingwal-ls. Maximum height of walls within the front setback is3 feet. Maximum height of walls elsewhere on the propertyis 5 feet.
-Q-n-.
3
PROJECT, L
LTST OF MATERTALS
NAME OF -+
LEGAL DESCRIPTION: LOT 5
STREET ADDRESS:
DESCRIPTION OF PROJECT:
SUBDIVISION
The following infornation is
Review Board before a final
A. BUILDING MATERIALS:
Roof
Siding
Other Wa]1 Mat,erials
Fascia
SoffiLs
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashings
Chimneys
Trash Enclosures
Greenhouses
Other
B. LANDSCAPING: Name of
PLANT MATERTALS:
PROPOSED TREES
Botanical Name
reguired
approval
TYPE OF
for submittal
can be given:
MATERIAL
to the Design
Common Name
Bl, lr-.,r.-.ffi6
Elo'
EXISTING TREES TO
BE REMOVED
r trgl^ o
.t,b
COLOR
Designer:
Phone:
*fndicate caliper for deciduous trees.
deciduous trees is 2 inches. Indicate
t.rees.height for coniferous
3"-;q^-r"r\rl 1+
LTST OF MATERTALS
L.+ 5NA},TE OF PRO.'ECT:
LEGAL DESCRIPTION:
STREET ADDRESS:
DESCRIPTION OF PRO.'ECT:
f 'nJ,-
SUBDIVISION V !'trcx-L
'-Ca F,
srccx ?
The following i.nformatLon Ls
Review Board before a final
A. BUTLDING MATERIAI,S:
Roof
Siding
other watl Materials
Fascia
soffits
Windows
Window Trlm
Doors
Door Trint
Hand or Deck Rail.s
Flues
Flashings
Chirnneys
Trash Enclosures
Greenhouses
Other
for Eubmlttal to the Design
can be given:
MATERIAL COI'R
required
approval
TYPE OF
B.I,ANDSCAPING:Name of Designer:
Phone:
EXISTING TREES TO
BE REMOVED
PLANT MATERIALS: Botanical Name Common Nane ouantitv sLze*
pRoposED rREEs Bf"f-esiarrr\;fr-:"a.-. lO t2"
RL ^ Y,-,E"'^" 1r-.-, < a--Tl rt
laAr+* I C'1" d"
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*Indicate caliper for deciduous trees.
deciduous trees ls 2 inches. Indicate
Mlnirnum callPer for
height for conlf,erous
trees.
Botanical Nane
Ara<{nqqh rcrPIANT MATERIAI,S:
PROPOSED SHRUBS
EXISTING SHRUBS
TO BE REMOVED
*Indicate size
5 crallon.
Common Name ouantitv Size*
9*";'j-.g'3 -V
\o^iT.,*,C.,.'..*", \..''r.\r..-, n 53
tr\-oh9--
of proposed shrubs.
Tvr)e Square Footacre
f I ,\ X tA- --e-.a (a aa 5f
c. oTHER LANDSCAPE FEATI'RES (retaining walLs, fences' swin:ning
F;r-, etc. ) Frli"" speciry. rndi6ate heights of retaLnins
waLls. Maximur f,rignt-of wllls within the front setback is
3 feet. r-raxiroum- fteignt of walls elsewhere on the property
GROI'ND COVERS
SOD
SEED
TYPE
OT IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
is 6 feet.
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THIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN fhat the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on August 22,1994, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
1. Proposed text amendments to Chapter 18.38, Greenbelt and Natural Open Space
District and Chapter 18.36, Public Use District, of the Vail Municipal Code and the
creation of Chapter 18.33, Outdoor Recreation District.
Applicant: Town of Vail
Planners: Jim Curnutte and Russ Forrest
2. A request for a worksesslon for a major amendment to the Glen Lyon SDD to allow
for a revision to the master plan to allow for the expansion of the Glen Lyon Office
Buibing located at 1000 South Frontage Road WesVArea D, Glen Lyon SDD'
Applicant: Pierce, Segerlrerg and Associates
Planner: Andy Knudtsen
3. A request for a conditional use permit to allow for an expansion to the administration
building located at 1309 VailValley Drive/Unplatted parcel located north of the l-70
Right-Of-Way, north of VailVillage, 8th Filing.
Applicant: Town of Vail, represenled by Greg Hall
Planner: Andy Knudtsen
4. A request for a setback variance to allow for a new residence at 5128 Gore Circle/Lot
4, Block 3, Bighorn Sth Addition.
Applicant: Ghislaine de Teronanne de Fernande/represented by Duane Piper
Planner: Andy Knudtsen
5. A request for a conditional use permit to allow for a tent to be used for the Vail
Associates ski school to be located south of the Lionshead Center Building/Tracl A,
Vail Lionshead 3rd Filing.
Applicant Joe Macy, representing Vail AssociatesPlanner: Andy Knudtsen
6. A request for a variance from Section 18.69.040 (Development Restricted) of the Vail
Municipal Code to allow for the construction of a building on slopes greater than 40%
for a site located at 4403 Bighom Road/Lot 3, Block 3, Bighorn 3rd Addition.
Applicant: Betty Luke, represented by Mike Lauterbach
Planner: Jim Curnutte
o
7. A request for setback and site coverage variances and a major exterior alteration in
Commercial Core ll (CCll) for the Lifthouse Lodge, located at 555 East Lionshead
Circle, legally described as a portion of Lot 3, Block 1, Vail Lionshead 1st Filing.
Applicant: Robert T. and Diane J' Lazier
Planner: Jim Cumutte
A request for a conditional use permit to allow for a Type ll employee housing unit
located at 126 Forest Road/Lot 5, Block 7, Vail Village lst Filing.
Applicant: Flon BYrne
Planner: Jim Curnutte
g. A request lor heighl and density variances and a major CCll exterior alteration to the
L'Ostello buildinglocated at 705 West Lionshead Circle/Lot 'l, Block 2, Vail/Lionshead
3rd Filing.
Applicant: Alien, Inc./John Dunn
Planner: RandY Stouder
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Regarding the DRB's comments from the July 20, 1994 DRB meeting, Kathy stated
that it was appropriate to keep with the style of the existing building and forget about
adding beams, etc. She felt lhe VRD should put their money into landscaping.
6. A request for a conditional use permit to allow lor an expansion to the administration
building located at 1309 Vail Valley DriveiUnplatted parcel located north of the l-70
Right-Of-Way, north of Vail Village, 8th Filing.
Applicant: Town of Vail, represented by Greg Hall
Planner: Andy Knudtsen TABLED TO AUGUST 8, 1994
Jeff Bowen made a motion to table this item to the August 8, 1994 PEC meeting'
Dalton Williams seconded the motion and a 6-0 vote tabled this item to August 8,
1994.
7. A request for a conditional use to allow for a Type ll Employee Housing Unit to be
loceted at 126 Forest RoadAot 5, Block 7, Vail Village lst Filing.
Applicant: Ron Byrne lor BMS General Partnership
PIANNET: JiM CUTNUIIE TABLED INDEFINITELY
Jeff Bowen made a motion to table this item indefinitely with Dalton Williams seconding
the motion. A 6-0 vote tabled this item indefinitely.
8. Approve minutes from June 25, 1994 PEG meeting,
Jeff Bowen made a motion to approve the minutes from the June 25, 1994 PEC
meeting. Dalton Williams seconded the motion and a 6-0 vote approved the minutes
from the June 25, 1994 PEC meeting.
L Clarification of PEC representative to DRB for the July - September and October -
December terms. The following list shows who has been the PEC representative lo
the DRB in 1993 and 1994:
January through March, 1993 Kathy Langenwalter
April through June, 1993 Dalton Williams
July through September, 1993 Jeff Bowen
October through December, 1993 Greg Amsden
January through March, 1994 Bill Anderson
April through June, 1994 Jeff Bowen
Kristan PriE stated that Allison Lassoe would be available to serve October, November
and December of 1994.
Bob Armour stated that he would be available to serve on DRB August through
September, 1994.
Planning and EnvirpnmEntal Commission
Jut 2s, 1 994 11
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TOWN OFVAIL
75 South Frontage Road
Vail, Colorado 81657
303-479-2 I 38 / 479-2 I 39
FAX 303-479-2452
July 12, 1994
Deparonent of Comnunity Deve lopment
Bill Reslock
Pierce Segerberg and Spaeh Architects
1000 South Frontage Road West
Vail, CO 81657
RE: Amended conditional use application for a Type ll EHU on Lot 5, Block 7, Vail Village
1st Filing.
Dear Bill:
I have reviewed your latest amendment to the conditional use permit application for the
proposed Type ll EHU on the above-referenced lot and have determined that your application
is still incomplete. As was the case with your last several revisions, very little of the items I
identified as being of concern to staff have been provided. In order to remain on the July 25,
1994 Planning and Environmental Commission (PEC) meeting agenda, the following
information must be provided:
1. Please provide the stamped topographic survey requested in the June 9, June
24, and June 29, 1994 letters.
2. Now that you have provided the redlined set of floor plans as requested in my
previous letters, I was able to identify where you have miscalculated your
GRFA resulting in an overage of approximately 65 square feet. This GRFA
overage must be removed, on an amended set of plans, as we discussed
during our phone conversation on Friday July 8, 1994.
3, Although you have amended your site plan and landscape plan to remove
some of the lot area covered by the driveway and surface parking, the site plan
must still be amended to match the driveway shown on the landscape plan. As
currently drawn, the driveway location on the site plan does not rnatch the
landscape plan and the 16 foot minimum dimensions specified in the site plan
scales off approximately 15-1/4 feet instead of the 16 feet required. Please
amend your site plan as described above.
4. As mentioned in all previous letters to you, your site plan still includes areas
where finished grade is shown in excess of 50%. Any revised grading which
must be steeper than 50% must utilize retaining walls. Please amend your site
plan to resolve this issue.
a
I
lulr. Reslock
July 12, 1994
Page Two
5.
6.
7.
As requested in my previous letter to you, your site plan must be amended to
accurately reflect the location of the 20 loot front setback line. Currently, it is
cjrawn at approximately 19-1/4 leet from the front property line. lt is important
to accurately identify the 20 foot front setback line location as it would effect
your stair encroachment allowance.
As discussed during our telephone conversation on Friday, July 8th, the stair
configuration at the rear of this house does not make sense with regards to
existing and finished grades. This area must be redrawn to clearly show all
wall locations and heights. Additionally, your site plan is not accurately drawn
in the area of the boulder walls al the rear of the building. Your site plan
currently shows finished contour lines not tying into existing grade.
Also as discussed during our telephone conversation last week, the Public
Works Department has identified a number of concerns related to this project
that still have nol been resolved. These items must be addressed. I suggested
on Friday that you contacl Terri Martinez in the Vail Pubiic Works Department
immediately to discuss her concerns. However, I will list them again for your
convenience:
-The driveway that is shown on the proposed site plan has grades in
excess of 15.8%. No driveway grades can exceed 127o, even when
heated. You mentioned lo me that you would simply drop the house 1
foot to resolve this issue. Obviously, this wili effect retaining wall
heights, finished grades, etc. and these revisions must be reflected on
your amended site Plan.
-Finished grades on the site exceed 2:1. Provide retaining wall or
regrade.
-Show proposed sewer connections to the house and calculate grade.
As currenlly shown on your site plan, your sewer service line is
proposed to connect to the existing line running along the western
property line. However, since the building's lowest level elevation is at
8,253 feet and your proposed connection into the sewer line is at
approximately 8,265 feet this connection cannot possibly work as shown
on your site plan. Please amend your sewer line service location to
realistically locate the proposed connection with the existing sewer line.
ls it your intention to cut the existing driveway which leads to the house
directly west of the property? or is it your intention to connecl to the
sewer line in Forest Road, thereby proposing to cut the road?
Your proposed site plan currently shows that the building exceeds the
maximum building heighl on the lot. Please amend your plan accordingly.
8.
Mr. Reslock
July 12, 1994
Page Three
9. As requested in my letter to you dated June 24, 1994, the site plan must also
include a line which identifies the limits of construction disturbance. Please
show the construction disturbance line on your site plan and landscape plan.
10. Please amend your north elevation to show the bathroom window on the
second level.
11. Also mentioned in my letter dated June 24th, your site plan and section
drawings show the floor level of the employee unit al 8,254. Horrrever, the
boxes at the left of your ol site plan, shows the elevation at 8,253. please
amend your plans accordingly.
As requested in my letler dated June 24, 1994, please explain the lines in front
of the two bedroom windows on the second level, east of the porch, and the
square immediately east of the study deck.
13. As requested in all of my previous letters, please provide a model of the
proposed structure. The PEC and the DRB have asked statl to request models
for all new conslruction on lots with grades steeper than 30%.
In order to allow staff sulficient time to review your amended drawings, all information
reguesled above must be provided no later than 5:00 p.m. Friday July 15, 1994. As you
mentioned to me during our telephone conversation on Friday July 8th, you will be out of the
office this week. However, I am sending this letter anyway and copying the owner, Ron
Byrne, in the hopes that maybe somebody else in your office could iOdress all of the issues
by the aboveJisted deadline. lf all infcrmation is not provided by July 15th, I will remove this
application from lhe July 25, 1994 PEC agenda.
lf you should have any questions or comments regarding lhis letter, please feel free to give
me a call al479-2138.
12.
Sincerely, ..a-l;'M
Jim Cumutte
Senior Planner
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TOWN OF VAIL
75 South Frontage Road
VaiI, Colorado 81657
303-479-2 I 38 / 479-2 I 39
FAX 303-479-2452
June 29, 1994
Mr. Bill Reslock
Pierce Segerlcerg Architects
1000 South Frontage Road West
Vail. CO 81657
Department of Cotnmunity Deve lopment
RE: Preliminary topographic survey lor Lot 5, Block 7, vail Village 1st Filing
Dear Bill:
On Monday, June 27,1994, I received your amended topographic survey for Lot 5, Block 7'
VailVillage 1st Filing. The topo survey you have provided is stamped "preliminary" and is not
stamped and signed by a surveyor as required by Code and as requested in my two previous
letters. A preliminary survey is not accepiable. Allhough you have failed to meet the two
previous deadlines for providing a stamped survey, staff is willing to grant you yet another
extension in an effort to resolve your incomplete application.
Additionally, I have compared your survey to the contour lines shown on your site plan and
landscape plan. The existing contour lines shown on your site plan and landscape plan do
not match the topo survey you have provided. You must amend your site plan and landscape
plan to exactlv match your topographic survey. Your site plan and landscape plan must
match the topo survey in all other aspects as well, i.e. existing driveway location, location of
existing trees, etc. Currently, your building is over on building height since the site plan you
have provided does nol accurately represent existing grade directly below the highest ridge
line. ln addition to providing the final stamped and signed survey requested in the paragraph
above, you must provide an amended site plan and landscape plan which accurately reflects
existing conditions as identified on the topographic survey.
All information in this letter must be provided no laterthan 5:00 p.m. Friday, July 1, 1994 in
order to stay scheduled for the July 1 1, 1994 Planning and Environmental Commission (PEC)
meeting. lf all information requesled in this, and previous, letters have not been addressed by
the July 1st deadline, I will have no choice but to remove this item from the July 1 1 , 1994
PEC agenda.
lf you should have any questions or comments regarding this letter, please feel free to give
me a call at 479-2138.
Sipcerely,
ftrn CrrtnnFt-Q)
Ji{r Curnutte r-L.c4 L{H
Senior Planner
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TOWN OFVAIL 80PyFfl. t
75 South Frontage Road
Vail, Colorado 81657
303 -479-2 I 3 I / 479-2 I 39
FAX 303-479-2452
June 24. 1994
Deparnnent of Community Development
Bill Reslock
Pierce Segerberg and Spaeh Architects
1000 South Frontage Road West
Vail, CO 81657
RE: Amended conditional use application lor a Type ll EHU on Lot 5, Block 7, Vail Village
1st Filing.
Dear Bill:
I have reviewed your amended conditional use permit application lor the proposed Type ll
EHU on the above-referenced lot and have determined that your application is still incomplete.
Much of the inlormation requested in my letter to you dated June 9, 1994 has not been
provided. In order to remain on the July 1 1, 1994 Planning and Environmental Commission
(PEC) meeting agenda, the following information must be provided:
1. The topographic survey requested in the June 9, 1994 letter must be provided.
2. Your proposed structure still exceeds the maximum allowable GRFA on the lol
by several hundred square feet. Much of this overage is a result of not meeting
the 25% opening requiremenl in the garage, as discussed during our meeting
on June 14, 1994. However, irregardless of the garage issue, lhe rest of the
building still exceeds lhe maximum GRFA allowed for the unit by approximately
45 square feet. lt is important that this issue be resolved since no application
may proceed to the PEC that exceeds the GRFA allowance for the lot.
3. Please provide the redlined set of floor plans to show how you calculaled
GRFA, as requested in my June 9, 1994letter.
4. The amount of lot area covered by driveway and surlace parking still exceeds
the maximum allowable on this lot. Your site plan must be amended to comply
with the maximum allowance on the property which is 10% of the tolal site
area. Although I am showing that you are only over the allowable by 17 square
feet, the Fire Department has requested that your driveway be a minimum of 16
feet wide, therefore, your overage will likely increase.
5. Your site plan still includes areas where finished grade is shown in excess of
50"/o. Any revised grading which must be steeper than 50% must utilize
retaining walls. Please amend your site plan to resolve this issue.
.t.
?,
Mr. Reslock
June 24, 1994
Page Two
6. Please amend your site plan to accurately reflect the location ol the 20 foot
front setback line. Currently, it is drawn at approximately 19-1i4 feet from the
front property line.
7. lt would appear that some of the retaining walls on your site plan exceed the
maximum height allowance. Please provide additional top and bottom of wall
elevations at the wall on the west side ol the driveway, the window well area,
the stairway behind the house, and along the entry stairs. Retaining walls such
as the one associated with your slairs may not exceed 3 leet in the front
setback.
8. Your site plan shows the area immediately east of your entry stairs at 8257 and
an entry porch at 8254. However, the retaining wall is not shown. Please
amend your plans accordingly.
9. Please amend your site plan to show the exact locations of all portions of
existing utility sources and proposed service lines from those sources lo the
structure. The site plan must also include a line which identilies the limits of
construclion disturbance.
10. lt appears that your revised plans still reflect inconsislencies between the site
plan, the elevation drawings and the lloor plans. This issue must be resolved.
Please take the time to review your drawings for inconsistencies prior to
resubmittal. Some of the areas that staff has identified include, but are not
limited to, the following:
.north elevation: The north elevation must be amended to match
the floor plans (i.e. two windows at employee unit
bedroom, employee unit entryway walls must be
redrawn, bathroom window at entry not shown,
bedroom windows at Level 2 are not accurately
drawn).
.south elevation: The upper level doonaray does not match the floor
plans, and lhe exlerior stainrvell does not match
the site plan or floor plans.
.west elevation: The bathroom window on the fourth level is
missing on this elevation.
1 1. Your site plan and section drawing show the floor level ol the employee unit at
8254. However, the box to the lelt of your site plan shows the elevation at
8253. Please amend accordingly.
L.
Mr. Reslock
June 24. 1994
Page Three
12. Many ol your garage spaces do not meet the minimum parking space
requirement of g leet by 19 leet. Please amend your drawings to meet the
minimum parking space requirement. Please explain what the line is directly
behind parking spaces 3, 4, and 5. Also, please explain the lines in tronl of the
two bedroom windows on the second level east of the porch and the square
immediately easl of the study deck.
13. As requested in the June 9, 1994 letter, please provide a model of the
proposed structure. The PEC and Design Review Board (DRB) have asked
stalf to request models for all new construction on lots with grades sleeper than
30%.
14. For your information, I have routed your amended drawings to the Vail Fire and
Public Works Departments for their review and commenls Although you
provided a sile plan stamped by Mike McGee with the Vail Fire Department,
that plan did not reflect the changes you recently made to your site plan. On
Wednesday June 22, 1994, I showed Mr. McGee your amended site plan. He
felt that he could live with the new 12/o driveway slope, provided the existing
driveway width is widened to 16 feet.
In order to allow staff sufficient time to review your amended drawings, all information
requested above must be provided no later than 5:00 p.m. Friday July 1, 1994, with the
exception that the amended topo survey must be provided by June 24, 1994, as you
committed in your letter to me dated June 17, 1994, lf all information is not provided by those
dates, lwillremovethis application from theJuly 11, 1994 PEC agenda.
lf you should have any questions or comments regarding this letter, please feel free to give
me a call at 479-2138.
Sincerely,
/,"^,Mb
Jim Curnutte
Senior Planner
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BIOCK 7,LAT 6. 146 FOREST ROAD
Flamery Propoaies
19330 Winged Foot Circlc
Nmthidge, CA 91326
BI.C}CK?-LOTS4&7
Vemon Taylor
16?0 Denver Club Building
Dcnver, CO 80202
BLOCK 7 .I.OT 34
David S. Hunt
Bnrce W. Hunt
Douglar Hunt
8235 Douglas, Suir 1300
Dallas, T](75125
BtocK?-Lor30
Beatrice Taplin
11 Cheny Hills Drive
Bnglewood, CO 80110
BLOCK 7 -Lqt 32
Newman T. Halvsrson
Sierid H. Frcesc
Kari Hillhouec
5400 Bast 17th Avenue
Dcnvcr, C'() 80220
BIOCKT-LOT33
Daniol Bernad Hcad
19050 Old Pcrkins Road
Baton Rouge, LA ?0810
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HIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on July 11, 1994, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
1. A request for a conditional use permit to allow for an expansion to the administralion
building located at 1309 VailValley Drive/Unplatted parcel located north of ihe l-70
Right-Of-Way, north of Vail Village, 8th Filing.
Applicant: Town of Vail, represented by Greg Hall
Planner: Andy Knudtsen
2. A request for a setback variance and an amendment to a previously approved plan to
alfow for four duplexes to be constructed at 1894 Lionsridge Loop/Lot 27, Block 2,
Lionsridge 3rd Filing.
Applicant: SteveGensler/ParkwoodRealtyPlanner: Andy Knudtsen
A request for a conditional use to allow for a Type ll Employee Housing Unit to be
located at 126 Forest Road/Lot 5, Block 7, VailVillage 1st Filing.
Applicant: Ron Byrne for BMS General PartnershipPlanner: Jim Curnutte
4. A request for an amendment to Section 18.57 ol the Town of Vail Municipal Code,
Employee Housing, to allow for common area to be used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen
f.
THIS ITEM MAY EFFECT YOUR PROPERW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Gode of
lhe Town of Vail on ltlay 9, 1994, at 2:00 P.M. in the Town of Vail Municipal Building. ln
consideration of:
1. A request for variances for locating GRFA in the lront setback and for a wall height
varianco to allow for a Primary/Secondary residence lo bs constructed at 1828 Alpine
Drlve/Lot 16, VailVillage West 1st Filing.
Applicant Peter and Susanne ApostolPlanner: Mike Mollica
2. A request for a worksession for a major amendment to the Glen Lyon SDD to allow
for a revision to the master plan to allow for the expansion of the Glen Lyon Office
Building located at 1000 South Frontage Road WesUArea D, Glen Lyon SDD.
Applicant Pierce, Segerberg and AssociatesPlanner: Andy Knudtsen
3. A request for tront setback and wall height variances to allow for additions to an
existing Primary/Secondary residence located at 226 Forest Road/Lot 11-A, Block 7,
Vail Village 1st Filing.
Applicant: John Kredi€tPlanner: Randy Stouder
4. A request lor a worksession to discuss revisions to the Zoning Code to dlow for
common area to be used lor employee housing.
Applicant Jay PetersonPlanner: Andy Knudtsen
5. A request for a wall height variance and driveway slope variance to allow for a
driveway to excesd 1 0"/o located at 2445 Garmisch Drive/Lots 10 and 1 1 , Block H, Vail
das Schone 2nd Filing.
Applicant StEve Sheridan and Adam SzpiechPlanner: Andy Knudtsen
6. A request for a variance to allow for GRFA and a garage to be located in the front
setback, a site coverage variancs and a wall height variance to allow for a new
Primary/Secondary residence located at 1799 Sierra TraiULot 17, VailVillage West lst
Filing.
Applicant George PlavecPlanner: Mike Mollica
',-4{.- J. A request for a Type ll Employee Housing Unit to be located at 126 Forest RoadAot 5,
,' t Block 7, VailVillage lst Filing.
Applicant: Ron Byme
Planner: Jim Curnutte
8. A request for a conditional use permit to allow for an outdoor dining deck to be located
at Garton's Saloon located at 143 East Meadow Drive/a part of Lot P, Block 5-D, Vail
Village 1st Filing.
Applicant: Dave GartonPlanner: Randy Stouder
L A request for a wall height variance to allow for a single lamily residence to be
constructed al 2840 Basingdale/Lot 4, Block 9, Intermountain Subdivision.
Applicant Dan Frederick
Planner: Andy Knudtsen
'And all items tabled from previous meetings.
The applications and information about the proposals are available in the zoning
administrator's otfice during regular otfice hours for public inspection.
Published in the VailTrailon April'{, 1994,
a9-
7.A request for a variance from Section 18.57.040 (8,6) requidng a minimum ot i8/o ot
the required parking to be enclosed and Section 18.52.080 (A) requiring parking to be
located on-site, and to allow for an existing secondary dwelling unit to be deed
restricted as a Type I Employee Housing Unit located at 1881 Alpine Drive/Lot 38, Vail
Village West 1st Filing.
Applicant Susan M. Stout BirdPlanner: Randy Stouder
A request for a conditional use permit for a Type ll Employee Housing Unit to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village lst Filing.
Applicant Ron ByrnePlanner: Jim Curnutte
A request lor variancss for locating GRFA in the front setback and for a wall height
variance to allow for a primary residence with a Type I EHU, to be construct€d at 1828
Alpine Drive/Lol 16, Vail Village West 1st Filing.
Applicant: Peter and Susanne Apostol/Michael SannerPlanner: Mike Mollica
A request lor an amendment to Section 18.57 of the Town of Vail Municipal Code,
Employee Housing, to allow for common area to be used for employee housing.
Applicant Jay PetersonPlannsr: Andy Knudtsen
A request for an amendment to Section 18.52 of the Town of Vail Municipal Code, Off-
Street Parking and Loading, lo allow for an incrsase to the parking pay-in-lieu fee.
Applicant Town of Vail, represented by Mike RosePlanner: Andy Knudtsen
9.
10.
11.
.h.
i',a"''id. THIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN thaf the Planning and Environmentalpommission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on May 23, 1994, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
1. A request for an amendment lo a previously approved plan to allow for a realigned
driveway located at 1726 and 1730 Buffehr Creek RoacULots 6 and 7, Zneimer
Subdivision.
Applicant Ed Zneimer
Planner: Andy Knudtsen
2. A request for an amendment to the Hazard Plan to allow lor the removal of a building
from a avalanche hazard area located at 1600 - 1730 Sunburst Drivelr/ail Golf Course
Townhomes (Sunburst 3rd Filing).
Applicant: BillSargent
Planner: Russ Forrest
3. A request tor an amendment to Section 18.69.050 to clarify how slope is to be
measured and to allow for 6 foot walls to be constructed in the front setback for
projects where the average slope ol the site beneath the proposed structure and
parking area is in excess of 30% slope.
Applicant: Town of Vail
Planner: George Ruther
4. A request for amendments to Section 18.57, Employee Housing, to set forth
requirements for renting Employee Housing Units and setting forth details in regard
thereto.
Applicant Town ol Vail
Planner: Andy Knudtsen
5. A request for lront setback, site coverage and wall height variances to allow for
additions to an existing Primary/Secondary residence located at 226 Forest Roacl/Lot
1'l-A, Block 7, VailVillage 1sl Filing.
Applicant: John Krediet
Planner: Randy Stouder
6. A request for a variance from Section 18.57.040 (8,6) requiring a minimum of 50% ol
the required parking to be enclosed and Section 18.52080(A) requiring parking to be
located on-site, and to allow for an existing secondary dwelling unit to be deed
restricted as a Type I Employee Housing Unit, located at 2635 Larkspur/Lot 2, Block 2,
Vail Intermountain.
Applicant: Greg Amsden
Planner: Mike Mollica
f
PUBLIC NOTICE
NOTIGE lS HEREBy GTVEN rhat he Design Review Board willbe reviewing the following
aplrication on ilay 19, 1994 in the Town of Vait Municipat Buitding.
1. A request for two additional 250 square feet of Gross Residential Floor Area for a Type
ll Employee nousNg Unit at the Byme Residence located at 126 Forest Road/Lot 5,
Block 7, Vail Village 1st Filing'
Applicants: BMS PartnershiP
The applications and information about the proposals are available in the zoning
aOminiifator's oflice during regular oflice hours for public inspection.
TOWN OF VAIL
COMMUNITY DEVELOPMENT
Published in the Vail Trail on April29' 1994.
itPierce, Segerberg & Associates. Architects. P.C.. A.I.A.
June 17, 1994
YIA HAT{D DEI,IYMY
Mr. Jim Curnutte
Town Planner
Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Jin:
We have adfuessed all of the issues you identified in your letter of June 9' 1994.
TVe are in the process of obtaining ttre updated survey materiat requested in Iten #1. I
believe you witt receive it on June Zth. If there is any other information crucial for
processing inrmediately, please contact me, and I will locate it.
I have received a sign-off from Mike Magee of the Vail Fire Department. I have also
spoken with Terri Martinez of the Public Works l)epartment, and all issues could be
resolved now or in some instances, they could wait until later, as in the case of the permits.
Enclosed are three (3) sets of plans, including one (1) site ptan signed by Mike Magee.
Please contact ne if you have any questions.
Sincerely,
PIERCE, SEGERBERG & ASSOCIATES, ARCHITECTS, P.C., A.I.A.
uJ.-f RJ.,.L
William F. Reslock, A.I.A.
Associate
Main Off ice: 1000 South Frontage Road West . Vail, Colorado 81657 . 3O3/476-4433
One Tabor Center . l2O0 Seventeenth Street. Suite 515 . Denver, Colorado 8O2O2 . 3O31623-3355
MIKE r.#t
PROJECT:
DATE SUBM
Engincoring:
Reviewed bY:
Commenls:
-{..**,,t1iiadi \t!Vt: r c:r''w ir(rtt'':r\
Fire Dept.:
Reviewed by:
Comments:
Reviewed by: -ft1gggi-
Date:
commcnts: t r.*or)-unv\27ooit\treo'v'
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'
or re€'o'd€
Date:
;ffiDro?frPPENHETMER
Return to JI}T CTIRMITTE.
INTER.DEPARTMENTAL REVIEW
r)n*r/*ieo/on.._ _ r ,f -_ _ t
oArC OT PUBLIC HEARING
BRIEF DESCRTPTfON OF THE PROPOSAL: - / ., //, *f^J-' );;'m;nr ^')1 4u q{ rza@
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LandscaPing:
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rlulqA
Town Planner
Distributed to the Fire Department, Public Works, and Landscaping on
t t
MIKE McGEE
PROJECT:
DATE SUBM
COMMENTS NEEDED BY:
Town Planner
BRIEF DESCRIPTION OF THE PROPOSAL: /1
/V<,,: yri,,a.r.y(s<*,"-"J^*f c^/;41 ffiU q{, fZe 6/'et-d-
Engineering:
Reviewed av: fuVr^o,tfr on",4f nlq{
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Landscaplng:
Reviewed by:Date:
Comments:
Fire Dept.:
Reviewed by:
Commenls:
Date:
/---,::--.-@TODD OPPENHEIMER
Return to ..Jil GURNUTIE
/r.vat*
DATE OF BLIC HEARING
Dishibuted to the Fire Department, public Works, and Landscaping on
GREG HALL TODD OPPENHEIMER
Return to JIM CI'RNUrIE
Town Planner
INTER.DEPARTMENTAL REVIEW
/ r,n*A{.q.i*J,rn
DATE SUBMITTED: .
COMMENTS NEEDED BY:
Landscaping:
Date:
Date:
Reviewed or%-'.*. </ - r t'f /
comments:
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DATE OF PUBLIC HEARING
BRIEF DESCRIPTION OF THE PROPOSAL: 2 - .. r I
/v4u,o rpni,nunrl;";;i;'^r p;ftt e{u '{ lz€ F>*sr-zta
ltl',
Engincering:
Reviewed by:
Comments:
Reviewed by:
Commcnls:
Fire Dept.:
Distributed to the Fire Department, Public Works, and Landscaping on
i
CGEE
COMMENTS NEEDED r.. '. I -5Y: b/(J
BRIEF DESCRIPTION OF THE PROPOSAL:p;J 1/4rt €";'ii-Na,J',uc€ 'u i(/, E llu
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Engineering:
Reviewed by: Tjri l'4ornrrz Date: to-a-cl4
Commenls:
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MIKE M
PROJECT:rrl es
DATE SUBM
Reviewed by:
Comments:
Fire Dept.:
Reviewed by:
Comments:
ODD OPPENHEIMER
Relurn to ..JIn CURmlrrT
Town Planner
reres* r-1.
DATE OF PUBLIC HEARING
Date:
Date:
t:l
I
Distributed to the Fire Department,
-/
Public Works, and Landsc aping on 6// /-
I
REG HALL TODD OPPENHEIMER
r
l.
b e
INTER.DEPARTMENTAL REVIEW
DATE OF PUBLIC HEARINGDATE SUBM
Landscaping:
Date:
Date:
Fire Dept.:
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commenrs: dz,/;-/"-f $^*'^ *7*'-*o'/ or'?
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Distributed to the Fire Department, pubtic works, and Landscapins on 6/ / .
Return to ,.JI}T CII ,RI|UTTB..
Town Planner
6re* r-1.
BRIEF DESCRIPTION OFTHE PROPOSAL:
ile-J ir'*gi1 €";'ir-AeG Jt'ee ,u i*1, E llu
Enginoering:
Reviewed by:
Comments:
Beviewed by:
Gommenls:
COMMENTS NEEDED F.. T I -x: b{f J
FILE(nPY
TOWNOFVAIL
75 South Frontage Road
Vail, Colorado 81657
303-479-2 I 38 / 479-2 I s9
FAX 303-479-2452
June 9, 1994
Deparunent of Comnunity Developtnent
Bill Reslock
Pierce Segerberg and Spaeh Architects
1000 South Frontage Road West
Vail. CO 81657
RE: Amended conditional use application for a Type ll EHU on Lot 5, Block 7, Vail Village
1st Filing.
Dear Bill:
I have reviewed your amended conditional use permit application for the proposed Type ll
EHU on the above-referenced lot and have determined that your application is incomplete.
Due lo the lack of sufficient base data and number of revisions which must be made in order
to complete your application, I have removed it from the June 27, 'l994 Vail Planning and
Environmental Commission (PEC) agenda. In order to be scheduled for the July 11, 1994
PEC meeting, the following information must be provided:
1. The topographic survey must be amended to include the total lot area and
buildable lot area. The buildable lot area is that portion of the lot which has
slopes with grades less than 40%. All slopes steeper than 40% should be.
,A,if_o shaded on the topo survey. The survey must also include the exact location of' / t \' '/ all utility sourcesfand all existing trees iraving trunks with 4 inch diameters or
greater. Also, the intermittent stream which is currently flowing through this
property must be sfrdfih. Please be-sure the surveyor stamps and signs the
amended survey.
In order to verify proposed building heights, please amend your site plan to
include a roof plan. The full extent of all roof ridges and eave lines including
roof overhangs should be shown.
Your proposed slructure exceeds the maximum allowable GRFA and site3.
coverage on the lot by several hundred square feet. Please leel free to contact
ft'(-' me immediately to discuss how statf calculated your proposed GRFA and site
coverage.
-.t.,4. Please provide a redlined set of floor plans to show how you calculated GBFA.
.*e.
,'
7.
t_i^,..:p\
8.
o
Mr. Reslock
June 9, 1994
Page Two
q
.,';fur.:; '
12.
13.
4"*t
14.
t.
The amount of lot area covered by driveways and surface parking exceeds the
maximum allowable on this lot. Please amend your site plan and landscape
plan to comply with the maximum allowance for this property, which is 10/o ot
the total site area.
Your conceptual landscape plan must be amended to show the same revised
contour lines, boulder retaining walls, etc. that are shown on the site plan. Your
landscape plan must show the location of all proposed landscaping. Currently,
your landscape plan does not show all of the landscape materials listed on the
landscaping materials list atlached to your Design Review Board (DRB)
application.
Please explain why the spot elevation in front of the garage is 51.5 on the site
plan and 53 on lhe landscape plan. Please amend one of the plans
accordingly.
Please amend your site plan to remove all areas where finished grade is shown
in excess of 50%, Any revised grading which must be steeper than 50"/o must
utilize retaining walls,
Please amend your site plan to show how drainage will be handled from above.
Currently all drainage runs direclly into the house, including the existing slream
which runs through the middle of this lot.
The exterior stairs at the rear of the proposed building do nol match your floor
plans or your east elevation drawings, although they do appear to match the
soulh elevation drawings. Please amend either your site plan and landscape
plan or your floor plans and elevation drawings so that the rear stairway is the
same on each.
The deck and stairs shown on the site plan do not match the east elevation
drawing. Please amend your plans so that the site plan matches the elevation
drawings.
The stairway in retaining walls shown on your west elevation do not match your
site plan. Please amend your drawings accordingly.
Please specify on your sile plan the materials which will be used for the heated
terrace and walkway behind the house, retaining walls, driveway paving, etc.
Please amend your site plan to comply with setback requirements with regard
to the entry stainrvay which is currently shown within the front setback.
10.
1't.
I {,,-
.-, : lb:
Mr. Reslock
June 9. 1994
Page 1'hree
+f Please amend your site plan and landscape plan to accurately reflect the
dopA surface material in front of the employee housing unit entry. This area appears
to be a part of the landscaped area on your site plan and landscape plan but
_ part of the paved driveway on your lloor plans.
*6 - Please provide a section drawing of the building through the entry porch.dot{
A{ Please label the type of fireplace you are proposing to use so that staff may
6lo/9 determine compliance with the Town of Vail Fireplace Ordinance.
18. Please provide a model of the proposed slructure. The PEC and DBB have
^ ,.,., -* asked staff to request models for all new construction on lots with gradesl\'"v ' steeper than 3o%.
19. The Town ol Vail Employee Housing Ordinance states that "each EHU shall
n ^ have a separate entrance and shall not be connected in any way to any unit it
-,lgp<- may be attached." Please amend your floor plans to remove the two doors" which currently connect your proposed EHU to the adjacent units.
20. Please respond to the attached written comments from the Vail Fire and Public
P ---7 Works Departments.
Please provide the above-requested information no later than 5:00 p.m., Friday, June 17,
1994. lf all information is not provided by that date, I will remove this applicatiort lrom the JUly
11,1994 PEC meeting.
lf you should have any questions or comments regarding this letter, please feel free to give
me a calf at 479-2138.
Sincerely,bffi
Jim Curnutte
Town Planner
i d*' "':
..J ,,,i-rg-
';"(.'7'
7. A request for an amendment to Section 18.57 of the Town of Vail Municipal Code,
Employee Housing, to allow for common area to be used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen TABLED TO JUNE 13,1994
Jeff Bowen made a motion to table this request to the June 13, 1994 PEC meeting
with Dalton Williams seconding the motion. A 7-0 vote tabled this item to the June 13,
1994 PEC Meeting.
8. A request for variances for locating GRFA in the front setback and for a wall height
variance to allow for a primary residence with a Type I EHU, to be constructed at 1828
Alpine DriveiLot 16, Vail Village West 1st Filing.
Applicant: Peter and Susanne Apostol/Michael Sanner
Planner: Mike Mollica TAtsLED TO JUNE 27,1994
Jeff Bowen made a motion to table this request to the June 27, 1994 PEC meeting
with Dalton Williams seconding the motion. A 7-0 vote tabled this item to the June 27,
1994 PEC Meeting.
L A request for a variance from Section 18.57.040 (8,6) requiring a minimum of 50% of
the required parking to be enclosed and Section 18.52.080(A) requiring parking to be
located on-site to allow for an existing secondary dwelling unit to be deed restricted as
a Type I Employee Housing Unit, located at 2635 LarkspuriLot 2, Block 2, Vail
lntermountain.
Applicant: Greg Amsden
Planner: Mike Mollica TABLED INDEFINITELY
Jeff Bowen made a motion to table this request indefinitely with Dalton Williams
seconding the motion. A 7-0 vote tabled this item indefinitely.
10. A request for a conditional use permit for a Type ll Employee Housing Unit to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1st Filing.
Applicant: Ron Byrne
Planner: JiM CurNuttE TABLED INDEFINITELY
Jeff Bowen made a motion to table this request indefinitely with Dalton Williams
seconding the motion. A 7-0 vote tabled this item indefinitely.
Pllnnlng lnd EnvLonm.nt l commlrllon
ry 23, l99a
6. A request for a conditional use permit for a Type ll Employee Housing Unit to ber located at lltGt Lot 5, Block 7, VailVillage 1st Filing.
Applicant Ron ByrnePlanner: Jim Cumutte TABLED TO MAY 23' 1994
Jeff Bowen made a motion to table this item to the May 2g,'lgg4 PEG meeting with
Dalton Witliams seconding lhe motion. A 6-0 vote tabled this item to May 23, 1994.
7. A requsst for a worksesslon to discuss revisions to the Zoning Gode to allow for
common area to be used for employee housing.
Applicant: Jay Peterson
Planner: Andy Knudtsen TABLED TO MAY 23,7994
Jeff Bowen made a motion to table this item to the May 23, 1994 PEC meeting with
Dalton Williams seconding the motion. A 6-0 vote tabled this item to May 23, 1994.
8. A request for variancEs for locating GRFA in the front setback and for a wall height
variance to allow for a primary residencE with a Type I EHU, to be constructed at 1828
Alpine Drlve/Lot 16, Vail Village West 1st Filing.
Applicant: Pet6r and Susanne ApostolA4icha€l SannerPlanner: Mike Mollica TABLED TO JUNE 27,1994
Jeff Bowen made a motion to table this item to the June 27,1gg4PEG meeting with
Dalton Williams seconding the motion. A 6-0 vote tabled this item to June 27, 1994.
9. A request for a variance to allow for GRFA and a garage to be located in the front
setback and a wall height variance to allow for a Primary residence with a Type I
Employee Housing Unit to be constructed at 1799 Sierra Trail/Lot 17, Vail Village West
1st Filing.
Applicant: George Plavec, represenled by Erich Hill
PIANNET: MIKE MOII|CA TABLED INDEFINITEL]
Jefl Bowen made a motion to table this item indefinitety with Dalton Williams seconding
th€ molion. A 6-0 vote tabled this item indefinitely.
10. A request for a worksesslon for a major amendment to the Glen Lyon SDD to allow
for a revision to the master plan to allow for the expansion of the Glen Lyon Office
Building located at 1000 South Frontage Road WesUArea D, Glen Lyon SDD.
Applicant: Pisrce, Segerberg and Associates
Planner: Andy Knudtsen TABLED INDEFINITELY
Phndng aid Erwirsmrnhl Commbsbn Uln|^gE
Mly 9, 109a
Segerberg & Spaeh . Architects P.C. A.I.A.(('
Rqff:YW
IOV.CO|I/'[4. DEY, DEPT.
Environnental Connission
Vail
ItlEl{ORANDUI.I
Date:
To:
From:
Subject:
April LL, L994
The Planning andfor the Town of
Bill Reslock
L26 Forest RoadVail, Colorado
We hereby subrnit this application for a Conditional Use Pennit
which would enable us to utilize 500 s.f. of additional GRFA for an
enployee housing unit. The location of this project is 126 Forest
Road in Vail.
We feel this request is in keeping with the objectives of the Townof Vail and will have rninimal irnpact on the Town of VaiI as
illustrated in the Conditional Use Permit application form.
In addition, this reguest will have little inpact on bulk and massin the area.
Please call if you have any questions.
(t'u fv"R'*h-
Main Office: 1000 South Frontage Road West . Vail, Colorado 81657 . 3031476-4433
One Tabor Center . 1200 Seventeenth Street, Suite 515 . Denver, Colorado 80202 . 3O3/623-3355
I revilcd LOl5l92
Date of Application
Date of PEC Meeting
'"ffiE*"r',fVryilJ
requiredh|otoPlgin ft
conditional use permit. Tnl/
rhe appricarion wirl nor be accepred unrir "rJtik$0iUttlCIf[0EPlsubmitted.
lPPLtcf,aroN toR coNDruoNnt usE
This procedure is reguired for any project
NN,TE OF
ADDRESS
NAI'IE OF
ADDRESS
ornren(bl srcrrf,TltRE (
ADDRESS
Appl"r cAr.rr, s REpREsENler lvsjl lltlFm fu:):L
l?33+ tr'-''+w+\' d' fu4&7
C. NAI,IE OF OWNER(S) (print
A.
B.
1
LOCATTON. OF PROP.OSAI : LEGAL : r,Orllelocxlrrr,rHq {V lrf
II.
ADDRESS
FEE s200.00 PAID \cK#BY
THE FEE EISIE BE PAID BEFORE THE DEPARTMENT OF COMMUNITY
DEVELOPMENT WILL ACCEPT YOUR PROPOSAL.
F. Stamped, addressed envelopes of the names of owners of all
property adjacent to Lhe subject property INCLUDING PROPERTY-neHINO AND ACROSS STREETS, and a list of names and mailing
AddTESSES. THE APPLICANT WILL BE RESPONSIBLE FOR CORRECT
OWNERS AND CORRECT ADDRESSES.
PRE-APPLICATION CONFERENCE :
A pre-application conference with a planning staff member is
st-rongly- sqggested to determine if any additiona] information is
needed.- Uo-ippJ-ication wilt be accepted unl.ess it conplete (must
include al.l ilLms required by the zoning administrator). It is
the applicant, s responsibility to rnake an appointnent with the
staff to find out about additional submittal reguirements.
III. PLEASE NOTE THAT A COMPLETE APPLICATION WILL STREAMLINE THE
APPROVAL PROCESS FOR YOUR PROJECT BY DECREASING THE NUMBER OF
CONDITIONS OF APPROVAL THAT THE PLANNING AND ENVIRONMENTAT
coMMrssloN (pEc) MAy sTrpuLATE. Ar,L coNDITToNS oF APPROVAI MUST
BE COMPLIED WITH BEFORE A BUILDING PERMIT IS ISSUED.
Four (4) copies of the following inforrnation nust be
submitted:
1. A description of the precise nature of the proposed use
and its operating cl:aiacteri.stics and neasures proposed
to make the use conrpatible with other properties in the
vlcinlty
The description must also address:
a. Relationship and impact of the use on development
objectives of the Town.
Drn olAptil
Drb 0tDnB
AtHroAnoH Foa ADDrlroilAr ont
For ,norEFilE8 N gcEaS 0F lttolvABr.E cnF
TOV. COMfui,i/Ef,|lEW,
A prl|Pilaillon ontrntn IitD I rn nb.r of hr pEnnlng |6fi lr tFcnoly sloutird F
dlmlrr hr prcvhiom rrf.?;hE r lddlUond GRFA ctt b 4bd h e rih. lt itoul.t bc
undrntocd ihd hb oldnuc doc nct rsarn erch Fopary en ditmJ 2t0 $urn hct ot
ORFA. ir$rr, tho odlnm dlcwr forto !0,2t0 rouen fcqt lf ctU,It cnCttlonl trp md.
Appllcltom br rdnom urdrr hlr rcctcn $[ not ba tccp!.d unlrc lhry lr ccmflct.
TnE hdrrhr.rll hfonr0lon nquFrd ot 0ilr fcnn r srl .l Dealgn Radfl Boild afinfid
rcqulcmna.
?.,',-.A. PROIEC-TAPPLICA
ad 4P E,--p,
B.
Laoal Desrlpuon;,*&-Bbd-nrina VV I
Zonc
NAME OF APPLICANTI2*s Br,l 3Y,lo',1
F.
Thc
E.
L
D.T{AME OF APPLICAT.IT3 REPNESEMIATIVEI $t\.;?s
4..a\vJ Vo'b a1061
NAME OF
FUlng Fr of 900.00 | rrrylnd it tltn 0t
Infimnrthn,In ddllon to DRB rJbnind tqulnnstb, chatl bc nqufd witt
.v,q{{son thrl0ro unlt hrr [o.turd r nnd orr$frcrb ot ecerrucy.
8torprfl, *Iln.!rd cnvclop|t iltt l t parsb lirt ol til.o.nt plopctu of,nfir
Jtd of omrn of unltr on lhl t|nrr lot. Thlr Inhrn|tc| b rvallrblo from thc
lrglr Counff A$ecccrl cffioe.
Condominlum A$cddon rpprcwl (il rppflcrbb),
Erbune f00r plrn 0t !fgCur.,
te/r.//L
[200?
3.
1.
t
Frg 46046
iscnryep rnou
Farmit Numbers
lpw PArD-Cash.-o|c"vi I I L'
-fOlrrhl tfF UFt f L
Hiscel lgneous Cash
r:r+- 1I-,_it4 SF: Etl: l l
FJ*,:*ipt. # 1+iliF
*,:r*urrt +i t:H
F:rJii F:iriil..l[1.Ft]F:E5T
f;iri*,-r;r 't !*n,-r* r*d
Irem paid
[1i r:11:1frr]4 L f,:I i !i1l:1ff
!h.::;i-,1'= r; f.r-r11-1;,;l i
t t t:
Ftll-..ltP;g pEE
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Hmoun ? paid
t$r3. Erg
t:l" t:flj
.tt
THFIhI!< (/tfu
i":r-rr ca:hi*r FlEffTHfl
revised 3117193
Application
APPLICATION FOR AN EMPLOYEE HOUSING UNIT (EHU)
INCLUDING A CONDITIONAL USE APPLICATION AND
A DESIGN REVIEW BOARD APPLICATION
TYPE OF REQUEST: REVIEWS THAT ARE REQUIRED:
Type I EHU DRB Hearing Date
at
Submittal D^tft' ll - 1+
Type ll EHU PEC Conditional Use
Type lll EHU PEC Conditional Use
Type lV EHU PEC Conditional Use
..o
Hearing Date? -Hearing Date
one oate5'-l€
DRB Date_
A.il.
B.
NAME OF PETITIONEB +Ln € 1T T'4-
MAILTNG eooaess L46 8.,*4 {iJ esoNe+l|'llel
NAME oF PETITIoNER's REPRESE lwetve 6"9,^ ?'Je--
Hearing Date DRB DAIE
Type V EHU DRB Hearing Date
MAILTNG ADDRESS ba 9'fr"tt rfl H'Y.il PHONE
NAME OF OWNER
SIGNA
c.
MAILING ADDRESS % 6
D. LOCATION OF PHOPOSAL:
STREET ADDRESS ( - - "1 FTLTNG-jj-Y J.5t-LEGAL DESCRIPTION: LOT-L BLOCK- L I
Lor AREA ,5Lo l\ A,-n -
F. Fee: No EHU application fee, 250 fee, or conditional use fee is required for
an EHU request. A Deslgn Revlew Board (DRB) fee ls requlred'
G. Please include stamped, addressed envelopes and list of the names ol the
owners of all property adjacent to the subject property.
H. Please include proof of condominium association approval, if applicable.
CRITERIA
Section 18.04.105 - Definilion
An Employee Housing Unil (EHU) shall mean a dwelling unit which shall nol be. leased or
renled ior'any periodless thbn thirty (30) consecutive days, and shall b" t"itgg only lo tenants
who are fuil-tinie employees in Eagie County. Development standards. for EHUs shall be as
provided in Chapter ie.'52 - empbyee HousirE. For the purposes ol this 9€c!i0n, a full'lime
employee Shall mean a p€rson who works a minimum ol an average of thirty (30) hours per
week. There shall be liv€ (5) categories of EHUS: Type l, Type ll, Type lll,_Type lV and Type
v. Provisions relating to eicn rype ot EHU are set torth in chapter 18.57 - Employee Housing
of this Code.
18.57.020 - Emolovee Housino Units (EHUI Generallv
A) A chart attached to this application form itluslrates the requirements lor each type of
EHU,
B) No employee housing unit which is conslrucled in accordance with this Chapler shall be
subdivided or divided-into any form of time shares, inlerval ownerships, or fraclional
lee.
C) All types of EHUS may be leased, but only to tenanls who are full'time employees who' wo*'in Eagle County. An EHU shall not-be leased for a period less than thitty (30)
consecutive days. For the purposes of this Seclion, a |ul|.time emp|oyee is one who
wofts an average ol a minimum of thirty (30) hours each week'
p,yoye Ml6 l1r1
ilt.
.'"\$b
$d"$*
"
I t"rrr" ed sl4lsL
COLORADO
- ll -
DRB TPPLICATION - TOI{N OF \IAIL,
DATE APPLICATION RECEIVED :
DATE OF DRB MEETING:
**********
ISIS IPPLIEAEION WILL NOT BE ACCEPTED
APR 1 1 rsgr
I.
c.
D.
a meets and bounds legal
on a separate sheet and
LOT AREA: If required,
stamped survey showing
must Drovide a current:?C.ll Ac-tetapplicantlot area.
NAME oF APPLICANTT UJ,t\Mailing Address 2 \eoV,eir <-o 9\v !+1
APPLICANT' S REPRES T
Address:?+
I.NAME OF OIaINERS:
srGNAruRE (s)
Mailing Addre6's:
Condominlum Approval if applicable.
DRB FEE| DRB fees, as shown above, are to be paid at
the tlme of submittal of DRB application. Later, when
applying for a building permit, please ident,ify the
accurate valuation of the proposal . The Town of Vailwill adjust the fee according to the table below, to
ensure the correct fee is paid.
FEE SCHEDULE:
VALUATION$ o-$ lorooo
$10,001 -$ 5o,0oo
$ 50r 001 - $ 150,000
$150,001 - s 500,000
$500,001 - $1,000,000$ Over $1r 0001 000
DESIGN RE\IIEW BOARD APPROVAT. EXPIRES ONE YEAR AFTER TINAI,
APPRO\TAL UNLESS A BUU.DING PERMIT IS TSSUED Al{D CONSTRUCTION IS
TARTED.
O }PPLICATION I|II.L BE PROCESSED WITBOoT OWNER'S STGNAIURE
L
*',n -.
Atl .NAME OTMailing
'A4/r'gaL
J.
K.
FEE
$ 20 .00
$ s0.00
$100.00
$200.00
$400.00
$s00.00
oNrrr. er.r. REQUr*.o.J.11o.TTtJroN rs suBMrrrEDT0v _ c0MM. DEV, DEPT.
@:
A. DgscRrprroN: fr,,,-,"-? /a.-.aA.-, dr^* w;tl^
\ r ( .- t
4w.+ra\ a ra-e.e- \n-a v )tnA rir,r r-
B.TYPE OF REVIEW:
\ Nevr Construction (5200.00)Minor Alteration ($20. 00)
Addition (S50.00)Conceptual Review ($0).-.+ P& VADDRESS:
LEGAL DESCRIPTION: LOT 5 tBlock +
subdivisi"" \.1L-, V\\z-gp f.l..t
Et
F.
If property is described bydescription, please provide
attach to this application.
ZONING:
Phone
_
PRE-APPLTCATTON MEETING :IT
A pre-apptication rneet.ing with a member of the ptanning
staff is strongly encouraged to determine if any additiona
application information is needed. It is the applicant'sresponsibility to nake an appointment with the staff to
determine if there are additional submittaL requirements.
Please note that a COMPLETE application will streamline the
approval process for your project.
III. IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
A. In addition to neeting submittal reguirements, theapplicant must stake and tape the project site toindicate property lines, building lines and buildingcorners. All trees to be renoved must be taped. Altsite tapings and staking must be completed prior to the
DRB site visit. The applicant must ensure that staking
done during the winter is not buried by snow.
B. The review process for NEW BUILDINGS normally requirestwo separate meetings of the Design Review Board: aconceptual approval and a final approval . Applicants
should plan on presenting their development proposal ata minimum of two meetings before obtaining final
approval .
C. Applicants who fail to appear before the Design Review
Board on their scheduled meeting date and who have not
asked in advance that discussion on their item bepostponed, will have their items renoved from the DRBdocket until such time as the item has beenrepublished.
D. The following items may, at the discretion of thezoning administrator, be approved by the Community
Development Department staff (i.e. a formal hearingbefore the DRB nay not be required):
a. Windows, skylights and similar exterior changeswhich do not alter the existing plane of thebuilding,' and
b. Building addition proposats not visible from anyother lot or public space. At the time such aproposal is submJ-tt.ed, applicants must includefetters from adjacent propert.y owners and,/or frornthe agent for or manager of any adjacenL
condominium association stating the association
approves of the addition.
E. If a property is located in a napped hazard area (i.e.
snow avalanche, rockfall, flood plain, debris flow,wetland, etc) r a hazard study must be subnitted and theowner must sign an affidavit recognizing the hazardreport prior. to the issuance of a building pernit.Applicants are encouraged to check with a Tohrn plannerprior to DRB application to det,ermine the relationshipof the property to aff mapped hazards.
F. For all residential construction:
a. Clearly indicate on the floor plans the insidefaee of the exterior structural walls of thebuilding; andb. Indicate with a dashed line on the site plan afour foot distance from the exterior face of thebuilding wal1s or supporting columns.
If DRB approves the application with conditions ormodifications, all conditions of approvat must beresolved prior to Town issuance of a building permit
(J.
FI[- E COPY
75 South Frontage Road
Vail" Colorado 81657
303 -479-2 I 3 I / 479-2 I 39
FAX 303-479-2452
September 8, 1994
Department of Community Development
Mr. Bill Reslock
Pierce Segerberg Architects
1000 South Frontage Road Wesl
Vail, CO 81657
RE: Design Review Board (DRB) application for structure on Lot 5, Block 7, Vail
Village lst Filing
Dear Bill:
As you know, on August 22,1994, the Vail Planning and Environmental Commission (PEC)
approved your request for a conditional use permit to allow for a Type ll employee housing
unil on the above-referenced lot. The PEC's approval contained two conditions, one of which
was as follows:
"Prior to the scheduling of this application lor final DBB review, the applicant
must receive approval from the Vail Fire and Public Works Departments and
show compliance with the Town of Vail zoning standards."
I was quite surprised to hear that you expected lo be on the DRB agenda yesterday when you
have made no previous attempt to contact either the Fire, Public Works, or Planning
Departments to determine what items are still of concern to the various departments. At your
request, I have lenlg[ply scheduled your application for final design review on Seplember 21,
1994. However, in order to remain on thal meeting agenda, the following information must be
provided:
1. Please respond to the attached written comments from the Vail Public Works
Department.
2. Please respond to the attached written comments lrom the Vait Fire
Department. In light of your very tight time frame to resolve all issues prior to
the September 21, 1994 DRB meeting, I would suggest that you immediately
set up a meeting with Mike McGee at the Vail Fire Department to discuss how
to resolve each of lhe concerns he has identified.
Mr. Reslock
September 8,
Page Two
1994
Although I have requested numerous times in the past that you take the time to
review your revised drawings for inconsistencies prior to submitting them for
statf review, there are still inconsistencies between your elevation drawings and
your floor plans. Since you are asking for final design review approval, it is
imperative that all drawings match each other (i.e. site plan, landscape plan,
elevation drawings and floor plans). Some of the areas staff has identified
include, but are not limiled to, the following:
3.
Third level:
.The dining room windows do not match the elevation drawings.
The living room window left of the door is missing. The alcove
windows do not match the floor olans. The east side windows
do notllralchlhg floor plans. -Tfre-breakfast room wind6rffifr"j
..- soulh elevation is missingr-
Fourth level:
.The stair opening of the deck on the soulh side of the building is
shown on the opposile side of the deck as lhe floor plans.
4. Please amend your site plan to show the revised location of the sewer line as
requested by the Public Works Department. Also, amend your site plan to
show the limits of construction disturtance as requested in my previous letters
lo you dated June 24 and July 12, 1994.
5. Please amend your landscape plan to show all of the existing tree locations.
Some of the existing trees are shown on your landscape plan but not all of
them. Your landscape plan should be amended to include more detail wilh
regard to shrub spedies and location.
6. Please amend lhe materials list in your applicalion to match your amended
landscape Plan,
7t Additional information is necessary in order lor statf lo determine that your
retaining walls meet maximum height requirements. I will discuss my concerns
with regard to retaining walls during our meeting which is scheduled for Friday,
September 9, 1994 at 9:00 a,m.
In order to allow staff sufficient time to review your amended drawings, all items contained in
this letter must be resolved no later than 5:00 p.m. Wednesday, September 14, 1994. I
expect your revised drawings to be submitted with a Fire Department stamp of "approval" on
them when they are submitted nexl Wednesday. lf all of the above-mentioned items have not
been resolved prior to the September 14th deadline, I will have no choice but to remove this
application from the September 21, 1994 DRB agenda.
.e
' ' Mr. Reslock
September 8, 1994
Page Three
' lt you should have any questions or comments regarding this letter, please f€el treg to give
me a call at 479-2138.
Sincerely,
I ' n .4th-
n'url/v a/L.^+.w.iqJu
Jim Gumulte
Senior Planner
xc: Ron Byrne
SUBDIVISION
.'OB NAME 6bu
Lor 5 BLOCK FrLrNc @ tef
ADDRE'' lLt' n ^) p.A .
The location and availability of utilities, whether they be maint5un! lln"g or plgpo,sed lines, must be approved and verified bythe following utilities for the accompanying site p1an.
Authorized Siqnature Date
U.S. West Communications
L-800-922-1987
468-5850 or 949-4530
Public Service Company
94 9-5781.
Gary Hall
?t-7y
4a qq
Holy Cross Electric
949-s892
Ted Husky/Michael
Heritage Cablevision
9 4 9-s530
Steve Hiatt
Upper Eagl-e Valley Water& Sanitation District *
47 6-7 480Fred Haslee
NOTE:1.
4-6-74
V-ttty'
service availability andbe used in conjunction withpLan and scheduling
Assoc.
Laverty
T.V.
2.
$^qf .
\l^s$ )- \Jc... rOocu q-" -1Y
This form is to verifyIocation. This shouldpreparing your utilityinst.altations.
For any new consLruction proposal, the applicantmust provide a completed utility verificltionform.
3. If a utility company has concerns with theproposed construction, the utility representativeshould not directly on the utility verificationform that there is a problem which needs to beresolved. The issue should then be spelled out indetail in an at.tached letter to the t-own of vail.However, please keep in mind that it is theresponsibility of the utility company to resolveidentified problems.
4. If the utility verification form has signaturesfrom each of the utility companies, and no
comment,s are nade directly on the form, the Townwill presume that there aie no problems and that,the development can proceed.
5.These verifications do not relieve the contractorof his responsibility to obtain a street cutpermit from the Town of Vail, Department of public
rygrkg and to obtain utilitv localions beforegiqqinq in any public right-of-way or easement inthe Town of Vail. e buildinq permit is not aslreet cut permit. A street cut permiC lnr:st beobtained separately.
*- Pl.ease bring a site plan, floor plan, and elevations whenobtaining upper Eagle varley water & sanitaLion signat,ures. Fireflow needs must be addressed.
,SFR,
DATE:
LEGAL DESCRIPTION: Lot
ZONE CHECK
FORR, R P/S ZONE DTSTRTCTS
eLock.l Filing W1,t
ADDRE'' , lzt- F-"-+ {<r..
.bEOhtNER .haa l)
ZONE DISTRICT
PROPOSED USE
PHoNE 411" )a41
*a"rrra, F5 A- *'.Lf*PH.NE 4'lt' - LFE<
**tor srzE
r ta.(-
36ll A--'u'
Height
Total- GRFA
Primary GRFA 2.L13 +425 :
secondary GRFA 164- *425 =
Allowed
(30) (33)
ns Lj
Existinq Proposed Total
20,
r"5'
15'
(30) (s0)
?t lRt
-l Reqrd
(3oo) (600) (eoo) (r-2oo) lSoo
Permitted Slope B? Actual Slope </z
Date approved by Town Engineer:
Setbacks Front
Sides
Rear
Water Course Setback
Site Coverage
Landscaping
Retaining WaII Heights
Parking
Garage Credit.
Drive:
View Corridor Encroachment:
Envi ronmental /Hazards :
-7
"o\
222Yes
r.)
2',t
3)
Flood PLain
Percent Slope
Geologic Hazardsa) Snow Avalancheb) Rockfall
c) Debris FIow4) Wetlands
Prevlous conditions of approval (check property file):
Does this reguest involve a 250 Addition?
How much of Cne allowed 250 Addition is useffiffi-Eis requesr?An
**Note: under sections L8.12.090(B) and 1,8.13.080(B) of the MunicipatCode, Iots zoned Two Family and Primary,/Secondary which are less tlan15,000 sg. ft. in area may not construct a second dwelling unit. The
Community Development Department may grant an exception to thisrestriction provided the applicant meets the criteria set forth undersections r8.r2.090(B) and 18.13.080(B) of the Municipal code inctudingpermanently restricting the unit as a long-term rentar unit for full-time employees of the Upper Eagle Valley.
10
Tr
ARCHITECT
ZONE DISTRICT
Height
. !:i{): 5,173 q'fo*l
i reC; t.t '-t -' *t, [Of
Al.lowed
(30) (33)
Proposed Total
Eaa.5
fe$rned =4 ,u138 # , 5. l5c>
3'/6'
10,65o 19,$w
Existtnq
@
,.-c\ ','r. fu
ZIalLl{
sa"
,u{rt
2,72q.Site Coverage
Landscaping
--> Retaining wall
Parking
Garage Credit
Drive:
a:/r i{ i I tol ttt<l
rs S'aef
tl ./"1 Reqrd 4C
qP z 1SeC)(300) (60o) (900) (1200) li l{5
*--->
Actual Slope
Engineer:
no tlfu zzz,
F]ood Pfain lU /r+
Percent Slope
Geologic Hazardsa) Snow Avalanche_ PO
a1(}
Does tbls reguest involve a 250 Addition? Veg- ?
llow much of tfre allowed 250 Addition is useEffiEis request? -SC,C,
**Note: Under Seclions 18.12.090(B) and 18.13.080(B) of the Municipal
Code, lots zoned Two Family and Primary/Secondary which are'less than
15'000 sq. ft. in area may not const.ruct a second dwelling unit. The
Community Development Department may grant an exception to thisrestriction provided the applicant meets the criteria set forth undersections 18.12.090(B) and 19.13.090(B) of the Municipal code includingpermanently restricting the unit as a long-term rentaL unit for fulI-
time employees of the Upper Eagle Valley 1(e*a4 ^M
)l,ueu-Qlt-So^&c< p<ir,-j r,- ie")at' q-lq( c; f6 "/do( ": )E3f | *Wf
b) Rockfallc) Debris Elow4) tletlands-------l-
Prevlous conditions of approval (check property fite)
10
LEGAL DESCRIPTION: Lot 5 Block Filins t/q,(
"1,(g
t JS{
ADDRESS:A€ Vclt4g / e,'(:N
zrVrI|J \-nfJ\-n
f*, *, *@ zoNE Drsr*r.f
rqd s,PHoNE Lt76 -VV37
q 7 6 '/987
t'
PROPOSED vsn 3F uo,/t.flct
**Lor srzn O.*i€ (l-,'c :^ [ 5t*,, YQ
rorar. cRFA 39a3+sso lreZS g 5f ,SO +15?primary GRFA ---=.*q---* =tl$trS- O + 6tr5 ,),6'{5
e€#4+ cnra -€lg =32o-.?oc- d )@ W
Setbacks Front
Sides
Rear
Wat.er Course Setback
Heights
View Corridor Encroachment: yes
Environmental,/Hazards : 1)
2',
3)
20,
15t
1.5,
(30) (s0)
e,>b
-'-
Permitted Slope;Q!
Date approved by Town
itc
il$
loO(,o()(
'oo(
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itr
ooooo.)oo$ooob o oor
a
a
a
a
at!:a
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a
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POLICY OF TITLE INSURANCE ISSUED BY
STE.\YAR.T TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVEBAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWAHT TITLE GUARANW COMPANY, a Texas
corporalion, herein called the Company, insures, as of Dale of Policy shown in Schedule A, against loss or damage,
no1 exceeding the Amounl of lnsurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the eslale or interest described in Schedule A being vested olher than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the tille;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense ot the title, as insured,
but only 10 the exlent provided in the Conditions and Stipulations.
lN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by
ils duly authorized officers as of the Dale of Policy shown in Schedule A.
^?7 a/r- h.*+ =t?"X*SISIIt " fu
Chairman ol the Board President
Company
City, State
EXCTUSIONS FROT COVERAGE
The lollowing mallers are expressly excluded from the coverage ol this policy and the Company will not pay loss or damage, costs, attorneys' lees
or expenses which arise by reason ol:
1. (a) Any law, ordinance or governmenlal regulation (including bul not limited to building and zoning laws, ordinances, ot regulations) restticting,
regulating, prohibiting or relating to (i) the occupancy, use, or enioyment ol the land: (ii) the character, dimensions or location of any improvement
now or hereafter erecled on the land; (iii) a separation in ownership or a change in lhe dimensions or area ol the land or any pafcel ol which the
land is or was a part; or (iv) environmental prolection, or the effect ol any violation of these laws, ordinalces or governmental regulations, except
to the extent that a nolice ol the enlorcement thereof or a notice ol a defect, lien or encumbrance resulting trbm a violation or alleged violalion allecting
lhe land has been recorded in the public records al Date ol Policy.
(b) Any governmental police power not excluded by (a) above, except to lhe extent that a notice of the exercise therof or a nolice of a defecl,
lien or encumbrance resulting from a violalion or alleged violation aftecting the land has been recorded in the public records al Date ot Policy.
2. Fights of eminent domain unless nolice of the exercise thereof has been recorded in the public records at Date ol Policy, bul not excluding trom
coverage any taking which has occurred prior to Date of Policy which would be binding on the righls ol a purchaser for value withoul knowledge.
3. Defecls, liens, encumbrances, adverse claims or olher matters:
(a) crealed, suffered, assumed or agreed to by lhe insured claimant;
(b) not known to lhe Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and nol disclosed in writing
lo lhe Company by lhe insured claimant prior to the date the insured claimant became an insured under this policyi
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would nol have been sustained if the insured claimanl had paid value for the estate or inlerest insured
by lhis policy.
Coun te rsig ned :
0Ol lA€v.6/47)
, oror,r,o* ot TERMS. i
c.NDlIl'Ns
^-t
t'*'^,:::to,,
.*, ',f potiry permirs or requires the compony to p,ose-
The lollow,rig terrs when used in this poliry meon: - cule or provide lor lhe del-ense ot ony otlion ot proceeding, the insured sholl
lo) "iJrsuredt: ihe insured nomed in ScheJule A, ond, subject to ony righh secure lo lhe Compony the right to so prosecule or provide delense in the oclion
o'de{enrer the Compony would nove hod ogoin:t the nomed insured, those who or proceeding, ond oll oppeols lherein, ond permil the Compony to use, ot its
iucceed to the interesi of the nomed insured by operolion o{ low os distinguished oplion, lhe nome of lhe insured for lhis purpole. Whenever requested by the
from purchose including, but not limited lo, heirs, dislribulees, devisees, survivors, Compony, ihe insured, ot lhe Compony's expense, sholl give the Compony oll
personol rep rese nlollves, nexl ol kin, or corporote or fiduciory successors. reosonoble oid (i) in ony oction or proceeding, securing evidence, obtoiningwit-
(b) "insured clolmont"r on insured cloiming loss or domoge. nesses, prosecuting or defending the oclion or proceeding, or elfecling setlle-
(c) "knowledge" or "known": ocluol knowledge, nol constructive knowledge ment, ond (ii) in ony olher lowful oct which in lhe opinion of lhe Compony moy
or notice which moy be impuled to on insured by reoson ol the public records os be necessory or desiroble to estoblish the lille lo $e eslote or inleresl os insured.
defined in this policy or ony other records which imporl consiructive notice ol lf the Compony is preiudiced by the foilure of the insured to furnish the required
motters ollecting the lond, cooperotion, the Compony's obligotions to lhe insured under lhe policy sholl ter.
{d) "lond": the lond described or re{erred to in Schedule A, ond improve- minote, including ony liobility or obligotion lo defend, prosecule, or conlinue ony
ments o{{ired therelo whirh by low conslitute reol property. The term "lond" litigotion, wilh regord io ihe motler or motleri requiring such cooperolion.
does not include ony properly beyond the lines of the oreo described or relerred 5. PROOF 0t IOSS On DAMAGE.
to in Schedule A, nor ony righi, lille, inlerest, eslole or eosemenl in obutting ln oddition to ond ofter the notices required under Seclion 3 of these Condi.
streeh, roods, ovenue,s, olleys, lones, woys or wolerwoys, bul nothing herein sholl tions ond Stipulotions hove been provided the Compony, o proof of loss or dom.
modify or linir th(. (xtent to wl.ich o righl of occess lo ond lrom the lond is oge signed ond sworn lo by the insured cloimoni sholl be lurnished lo lhe Com.
insured by this policy. pon1,
"ithin 90 doys ofter lhe insured cloimonl sholl oscertoin the loch giving rise
{e) "morrgoge/': nongoge, deed of trusl, trusl deed, or other security io tlie loss or domoge. The proo{ of loss or domoge sholl describe lhe defect in,
instrumenl. or lien or encumbronce on the litle, or olher moller inrured ogoinst by rhis policy
(f) "public records": records estoblished under stole stotutes ot Dole of Pol- which constitutes the bosis ol loss or domoge ond sholl stote, to the exlenl possi.
icy {or the purpose o{ importing conslructive nolice ol motlers reloling lo reol ble, the bosis o[ colculoting lhe omounl ol lhe los or domoge. lf lhe Compony is
property to pu'chosers tor volue ond wiihout Inowledge. W;lh respec. lo Section preiudiced by the foilure ol lhe insured cloimonl lo provide the required prool of
l(oliiv) of the E,rcLsions Irom Coveroge, "public 'ecords" sholl olso include los or domoge, the Componyt obligotions lo the insured under the policy sholl
environmentol proteclion liens tiled in lhe records o{ lhe clerk ol the Uniled Stotes terminote, including ony liobility or obligotion to defend, prose(ule, or continue
district court for the district in which the lond is locoled. ony litigotion, with regord to the motler or mollers requiring such prool o{ losi or
(9) "unmorketobility of the tiile": on olleged or opporent motter offeding domoge.
the title to lhe lond, not excluded or excepted from coveroge, which would entitle In oddition, lhe insured cloimont moy reosonobly be required to submit to
o purchoser o{ the estote or inleresl described in Schedule A io be releosed from exominol;on under ooth by ony outhorized represenlotive of the Compony ond
the obligotion to purchose by virlue of o conlrocluol condil;on requiring the sholl produce for exominoiion, inspection ond copying, ot such reosonoble limes
delivery of niorketoble title. ond ploces os moy be designoled by ony oufhorized representolive of lhe Com.
2. C0NIINUAIION OF INSURANCE ATIER CONVEYANCE Ot Ilf[E. pony, oll records, books, ledgers, checks, correspondence ond memorondo,
Ihe <overoge of this policy sholl continue in force os of Dole of Policy in wheiher beoring o dote before or ofter Dole of Policy, which reosonobly pertoin
fovor of on insur-ed only so long os the insured retoins on esfote or interest in'lhe lo the los or. ddmoge. Further, if requested by ony outhorized representolive of
lond, or holds on irdeb.edness secured by o purchose money mortgoge given by lhe Compony, lhe insured cloimont sholl gronl its permission, in wriling, for ony
o purchoser lrom the insured, or only so long os the insured sholl hove liobility by outhorized represenlolive of the Compony to exomine, inspect ond copy oll
reoson o{ covenonh ol worronty mode by the insured in ony lronsfer or convey- records, books, ledgerr, checks, correspondence ond memotondo in the (ustody
once of the estote or interest. ihis policy sholl nol continue in lorce in {ovor of or control of o third porty, which reosonobly pertoin lo lhe loss or domoge. All
ony purchoser from the insured of eiiher (i) on esloie or inleresl in the lond, or (ii) inlormotion designoted os confidenliol by the insured cloimont provided lo lhe
on indebtednes secured by o purchose money morfgoge given lo the insured. Compony pursuonl lo lhis Seclion sholl nol be disclosed lo olhers unles, in lhe
3. NOIICE OF Cl.AlM f0 Bg GIVEN BY INSURED CLAlMANf . reosonoble iudgment o{ the Compony, it is necesory in the odminisirotion o[ lhe
The insured sholl nolify the Compony promptly in writing (i) in cose of ony cloim. toilure ol the insured cloimont to submil for exominolion under ooth, pro'
litigorion os set {orth in Seiion 4io) 6etoi. (ii) iir cise kno,rlidie sholl come t6 duce other reosonobly requesied in{ormotion or gront permission lo secure ieo-
on-insured hereunder of ony cloim of title or'inlerest which is odverse to lhe iille sonobly necessory informotion from fhird porlies os required in lhis porogroph
to the estote or interest, os insured, ond which might couse loss or domoge lor sholl tirminole ony liobility of the Compony under lhis Policy os to thol cloim.
which the Compony moy be lioble by virtue of lhis policy, or (iii) il tille io lhe 6. OPTIONS fO PAY 0l OTHEIWISI SCIITE CtAlMS;
estoie or interesl, os insured, is rejected os unnorkeroble. lf prompt nolice sholl IERMINATION 0F LlABltlil.
not be given to the Compony, then os to the insured oll liobility of the Compony In cose of o cloim under lhis policy, the Compony sholl hove the following
sholl terminote wilh reoord lo lhe motler or motlers for which oromol nolice is odditionol ootions:
required; provided, hoiever, thot loilure to notify ihe Compony sholiin no cose (o) lo Foy or lender Poyment of the Amounl of Insuronte.
p.iirdice ihe riqhts ol ony insured under this polii unles the Compony sholl be To poy oi tender poymenl of the omount ol insuronce under lhis policy
breiudiced by tie fo;lure ond then only to the extent of the preiudice.' togethei with ony costs, ottorneys' lees ond expenses incurred by the insured
4. oEFENSE AND PROSECUTION 0f ACIIoNS: DUTY Ot lNsUnED cloimonr, which were oufhorized by the Compony, up to lhe time o{ poymenf or
CIAIMANT IO COQPERATE. lender of poymenl ond which lhe Compony is obligoted to poy.
(s) lJpon writlen request by the insured ond subiect lo lhe options conloined Upon lhe erercise by the Compony of this option, oll liobility ond obligolions
in Seition 6 of these Condidons qnd Stipulolions, the Compony, ol ils own cosl lo lhe insured under lhis policy, other thon to moke the Poymenl required, sholl
ond withouf unreosonoble deloy, sholl provide {or the defensi of on insured in terminofe, including ony liobility or obligotion to defend, Prosecule, or confinue
lirigotion in which ony third porty osserlio cloim odverse tothetitle orinleresl os ony litigotion, ond the policy sholl be surrendered to the Compony for
insured, but only os to lhose stoled couses o{ qciion olleging o de{ect, lien or concellolion,
encumbronce or'olher motter insured oqoinst bv this polic-v. ihe Compony sholl lb) Io Poy ot Olherwise Settle With Poriies Other thon the Inrured or
hove the righ o select counsel of ih cholce (rubiec o the iight of the insuied to With lhe Inru;d Cloimont,
obiect {or rlosonoble couse) to represenl lhe insured os lo lh-ose sloted couses of (i} lo poy or otherwise sefle wilh other porlies for or in lhe nome of on
ociion ond sholl not be lioble for'ond will not poy lhe fees of ony olher counsel. insured cloimonl ony cloim insured ogoinst under this policy, together with ony
The Comoonv will not ooy onv fees, cosls or exD;nses incurred by the insured in cosls, otforneys' lees ond expenses incurred by the inrured cloimonl which were
rhe delense 6l those couses o{ oction which ollege molters not insured ogoinsl by outhorized by the Compony up io lhe lime of Poyment ond which the Compony
this policy. k obligoled to poy; or'(b) ihe Compony sholl hove the right, ot its own cosl, to instiiute ond prose- (ii) to poy or otherwise settle with the insured cloimonl lhe loss or dom'
cute ony oction oi pr6ceeding or to do
-ony other oct which in its opinion moy be oge pro"ided fir irnder this policy, togelher wilh ony cosh, otiorneys' fees_ond
necessory or desiroble to estotlish the title to the eslote or inierest, os insured, or eipenses incurred by the insured cloimont which were oulhorized by the Corn'
lo orevent or reduce loss or domoqe lo lhe insured. The Compony moy loke ony pony up to the fime o{ poyment ond which lhe Compony is obligoted to poy.
oobrooriote oction under the termi of this poliry, whelher or not ii shofi be liobl6 Upon the exercise by the Compony of either of lhe oplions provided lor in
h!ieunde,, ond shol not thereby concede liobility or woive ony provision o{ lhk porogiophs (b)(i) or (ii), lhe Componyi obligotions.to the insured under this pol'
peli6y. ll the Compony sholl exercise its rights underthis porogroph, it sholl doso icy for the cloimed loss or domoge, other lhon.lhe Poymenls required to be
dilioinrt". mbde, sholl lerminote, including ony liobility or obligotion to delend, prosecute
itt Wherever ,he Comoonv sholl hove brouqhl on oction or inlerposed o or continue ony liligotion.
defense os .equired or pe,riteb by the provision-s of this policy, the Cbmpony 7. DETERMINATION' EXIENT OF IIABIUIY AND COINSURANCE.
noy oursue onv litiqolion to linordeterminotion by o coua il competent iurisdic- This policy is o conlroct of indemnily ogoinst ocluol monetory loss or dom'
tiori ond erprestly ieserves the right, in ih sole discretion, to oppeol {rom ony oge sustoined or incurred by the insured cloimonl who- hos suflered loss or dom'
odverse iud3meni or order. oge by.reoson of motlen insured ogoinsf by this poliq ond only lo )he exlenl
, herein described.
SEHEDULE
oRDER NO.: 89005237 POLTCY NO.: O-994L-427268
DATE OF POLICY: September 08, 1989 at 10:23 A.M.
AMOUNT OF INSURANCE: I 1,700,000.00
NAME OF INSORED:
BMS VATL LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE IJAND WHICH IS COVERED BY THIS
POLICY IS:
Fee Siurple
TITI,E TO THE ESTATE OR INTERST IN THE LAND IS VESTED IN!
BMS VATL IJIMITED PARTNERSHIP
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOI,LOWS:
LOTS 5 AND 6
BLOCK 7
VAIIJ VILIJAGE FIRST FILING
ACCORDING TO THE PIJAT RECORDED AUGUST 10, L962
IN BOOK 174 AT PAGE 180 AS RECEPTION NO. 95382.
COUNTY OE EAGLE
STATE OF COLORADO
1.
2.
3.
4.
S'I'E\VAR.T TITLII
OU/|NAlr'TI COr|PA IIY
ADTHORIZED
COUNTERSIGNATURE
t
NO.
SCHEDULE B
POIJICY : o-9941-427268
THIS POLICY DOBS NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WIIJIJ NOT PAY COSTS, ATTORNEYSI FEES OR EXPENSES)
WHICH ARTSE BY REASON OF:
RIGHTS OR CLAIMS OF PARTIES IN POSSESSTON NOT SHOWN BY
THE PUBLIC RECORDS.
EASEMENTS, OR CLAII\,IS OF EASEMENTS. NOT SHOWN BY THE
PUBLIC RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN
AREA, ENCROACHMENTS. AND ANY FACTS WHTCH A CORRECT
SURVEY AND INSPECTTON OF THE PREMISES WOULD DISCLOSE
AND WHTCH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN' OR RIGHT TO A LIEN, FOR SERVICES, IJABOR OR
MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY
LAW AND NOT SHOWN BY THE PUBLIC RECORDS.
5. Any and all unpaid taxes and assessments and any unredeemed
Lax sa.l-es.
6. The effect of inclusions in any general or specific waLer
conservancy, fire protection, soil conservation or other
district or inclusion in anv water service or street improvement
area.
7. Right of Proprietor of a vein or lode to extract and removehis ore therefrom should the same be found to penetrate orintersect the premises as reserved in United States Patent
recorded Apriul l-2, L899 in Book 48 at Page 475.
8. Right of way for ditches or canal-s constructed by the
authority of the United States, as reserved in United States
Patent recorded April L2, 1-899 in Book 48 at Page 475.
9. Easements and restrictions as shown on the PIat for Vailvillage First Filing, recorded August 10, 1962 in Book L74 at
Page 180 as Reception No. 96382.
10. Terms, Conditions and Restrictions and as contained in the
Protective Coventants for VaiI Village First FiIing, recorded
August 0, 1962 in Book 174 aL Page 1-79 as Reception No. 96381-.
l-l-. Easement and Right of Way as granLed to CommunityTelevision Investment, Inv. in document recorded December L7,
1968 as Reception No. 109972.
1-2. Agreement between Vai.I Associates, Ltd., a Coforado Limited
Partnership and Gas Facilities, Inv., a Co.Iorado Corporation
recorded in Book L83 at Page 1-57 as Reception No. 99710.
Continued on next page
1.
.>
!5'I'E\VAFI'[ TITLIl
GUA RANTY COMPANY
" ATTACTIED TO ANilGDE A PART OF
'STEWART TITLE GUARANTY COMPANY PoLIcY NO.: O-994L-427268
CONTINUATION OF SCHEDULE B
l-3. Terms, conditions, reservations, restrictions and as
contained in notice from The VaiI village First Filing Property
Owners Association recorded April 10, 1981 in Book 321 at Page
423 as Reception No. 217791.
I
Si'I'E\vAR.'T TITLE
OUANAN'Y COIIPAXY
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a
ONDITIONS AND STIPULATIONS Contin
(continued and concluded from reverse side of Policy Face!
_ (o) The liobility o{ the Compony under this policy sholl not exceed the leosi
ol:
(i) the Amount o{ Insuronce stoted in Schedule A; or,
iii) the difference belween the volue ol the insured estote or inleresr os
insured ond lhe volue of lhe insured estote or interest subiect to the defecl, lien
or encumbronce insured ogoinsl by this policy.
(b) ln the eveni the Amounl ol Insuronce stofed in Schedule A ot the Dote of
Policy is les thon 80 percent o{ lhe volue of the insured eslole or interesl or lhe
full considerolion poid lor lhe lond, whichever is less, or if subsequent to the Dofe
ol Policy on improvement is ere(led on fhe lond which increoses the volue of the
insured esloie or interesl by ot leosl 20 percent over the Amounl o{ Inluronce
sloted in Schedule A, lhen this Policy is sublect to the lollowing:
(i) where no subsequenl improvement hos been mode, os lo ony pdr.
liol loss, lhe Cbmpony sholl only poy lhe loss pro rolo in the proportion thot the
omount of insuronce ot Dote of Policy beon io the tofol volue of the insured
ertole or inleresi ot Dole of Policy; or
(ii) where o subsequent improvement hos been mode. os to ony portiol
los, lhe Compony sholl only poy lhe loss pro rolo in lhe proportion fhot 120
percenl ol lhe Amounl ol Insuronce sloled in Schedule A beors fo the sum ol lhe
Amount of Insuronce sloled in Schedule A ond lhe omounf expended for the
imorovement.
The provisions of this porogroph sholl not opply to cosls, ottorneys'lees ond
expenses lor which lhe Compony is lioble under this policy, ond sholl only opply
to thol porlion o[ ony loss which exceeds, in lhe oggregote, l0 percenl of lhe
Amounl o{ lnsuronce sioled in Schedule A.
(c) The Compony will poy only lhose cosls, ottorneys' fees ond expenses
incurred in occordonce with Seclion 4 o[ lhese Conditions ond Stioulotions.8, APPORIIONMENT.
l{ ihe lond described in Schedule A consists ol lwo or more porcels which ore
nof used os o single site, ond o loss is ertoblished oflecling one or more o[ the
porcels but nol oll, the loss sholl be compuled ond se led on o pro rolo bosis os
if the omount of insuronce under lhis policy wos divided pro rolo os lo the volue
on Dole of Policy ol eoch seporole porcel lo the whole, exclusive ol ony
improvements mode subrequent to Dote of Policy, unles o liobility or volue hoi
olherwise been ogreed upon os lo eoch porcel by the Compony ond lhe insured
ot lhe time of the issuonce of this policy ond shown by on express slotement or by
on endorsemenl ottoched lo lhis oolicv.9. UMITATION OF TIABIUIY.
(o) lf the Compony estoblishes lhe tille, or removes the olleged deleO, lien
or encumbronce, or cures the lock of o righl ol occess lo or from the lond, or
cures lhe cloim ol unmorhetobilily of lille, oll os insured, in o reosonobly diligenl
monner by ony method, including litigotion ond lhe completion of ony oppeols
lherefrom, it sholl hove fully performed its obligotions wilh respect lo lhol motler
ond sholl nol be lioble {or ony loss or domoge coused lhereby.
(b) In lhe event of ony litigolion, including liligotion by the Compony or with
lhe Compony's consent, lhe Compony sholl hove no liobility for loss or domoge
unlil there hos been o finol delerminotion by o court o{ compelent iurisdiclion,
ond dirposilior of oll oppeols lherefrom, odverse to lhe title os insured.
(c) Ihe Compony sholl not be lioble for loss or domoge lo ony insured for
liobilily voluntorily osumed by the insured in settling ony cloim or suit wilhout the
prior written consenl of lhe Compony.
10. REDUCTION Of INSURANCE: REDUCIION OR IERMINAIION
OF IIABIIITY.
All poymenls under lhis policy, except poymenls mode lor coslr, ollorneys'
fees ond expenses, sholl reduce the omount of the insuronce pro lonto.
] I- I.IABITIIY NONCUMUI.AIIVE.
ll k expresly understood thol the omount of insuronce under lhis policy sholl
be reduced by ony omounl the Compony moy poy under ony policy insuiing o
mortgoge hereofler execuled by the insured or ossumed or ogreed to by the
insured ond which is o chorge or lien on lhe eslole or interesl described or
re{erred to in Schedule A, ond the omount so poid sholl be deemed o poyment
under lhis Dolicv lo lhe insured owner.
I2. PAYMENI'OF IOSS.
(o) No poyment sholl be mode wifhout producing this policy lor endorse-
ment o{ the poyment unless the policy hos been losl or destroyed, in which cose
prool o{ loss or destruclion sholl be furnished lo lhe sotisloction o{ the Compony.
ib) When liobility ond the extent ol loss or domoge hos been definitely
fixed in occordonce with lhese Conditions ond Stioulotions. lhe loss or domooe
sholl be poyoble within 30 doys thereo{ter,
I3. SUBROGATION UPON PAYMENT OR SCITI.EMENI.
(o) Ihe Compony'r Righl ol Subrogation,
Whenever the Compony sholl hove settled ond poid o cloim under this pol.
icy, oll right of subrogolion sholl vesl in the Compony unof{ecfed by ony oct of
lhe insured cloimonl.
The Compony sholl be subrogoted lo ond be entitled to oll rights ond reme-
dies which lhe insured cloimonf would hove hod ogoinst ony person or ProPerty
in respecl lo the cloim hod lhis policy nol been issued. lf requesled by lhe Com.
pony, the insured cloimont sholl lron!{er to the Compony oll righh ond remedies
ogoinst ony person or properly necessory in order to perlecl lhis right ol subro'
ootion. The insured cloimonl sholl permit the Compony lo tue, comptomise of
iettle in the nome of lhe insured cloimont ond to use ihe nome of the insureo
cloimont in ony tronsoclion or litigolion involving these rights or remedies.
lf o poymenl on occounl of o cloim does nol {ully cover lhe loss of the
insured cloimont, lhe Compony rholl be subrogoted to thise rights ond remedies
in the proportion which the Componyt poymenl beors fo lhe whole omount of
the loss.
ll loss should resull from ony ocl of the insured (loimonl, os stoted obove,
thof oct sholl not void lhis poliiy, bul the Compony, in lhol event, sholl be
required to poy only thol port of ony losses insured ogoinsl by this policy which
sholl exceed the omouni, if ony, losl to lhe Compony by reoson o{ the impoir-
menl by lhe insured cloimonl oi the Compony's right of subrogotion.
(b) lhe Compony'r Rights Agoinrt Non-inrurcd Obligors.
The Compony's righl ol subrogotion ogoinsl non-insured obligors sholl erisl
ond sholl include, without limitotion, the rights of the inrured lo indemnilies, 9uo-
fonties, other policies of insuronce or bonds, nolwilhstonding ony lerms or condi-
lions confoined in lhose inslrumenls which provide lor subrogotion rights by reo-
son of this policy.
I1. AREIIRAIION
Unless prohibited by opplicoble low, eilher the Compony or fhe insured moy
demond orbitrotion pursuonl to the Title Insuronce Arbifrotion Rules of fhe Ameri-
con Arbilrolion Assotiotion. Arbifroble mollers moy include, but ore nol limiled
lo, ony conlrovefsy or cloim belween lhe Compony'ond lhe insured orising out of
or reloting to this poliq, ony service of the Compony in conneclion with ils issu-
once or lhe breoch ol o policy provision or olher obligotion. All ofbitroble mot-
ters when lhe Amounl of Insuronce is $1,000,000 or less sholl be orbitroted ot the
oplion of either the Compony or the insured. All orbilroble mollers when the
Amount of Insuronce is in excess ol $1,000,000 lhqll be orbitroted only when
ogreed to by both the Compony ond lhe insured. Arbitrolion pursuoni lo lhh
policy ond under fie Rules in effed on the dole the demond {or orbiholion h
mode or, ot the option of the insured, lhe Ruler in elfect ot Dote of Policy sholl
be binding upon ihe porties. The oword moy include otlorneys' fees only il rhe
lows of the stote in which ihe lond is lxoled permit o court lo oword otlorneF'
fees lo o prevoiling porty. Judgmenl upon lhe oword rendered by the Arbilro.
torfs) mov be entered in onv coud hovino iurisdiclion thereof.' 'The iow o{ the situs of ihe lond sholl dpply to on orbilrolion under lhe Title
lnsuronce Arbilrolion Rules.
A copy of the Rules moy be obtoined lrom the Compony upon requesl.
15. UABIIITY tlMllED T0 lHlS POl.lCY: POUCY ENIIRE CONTRACI.
(o) This policy togelher wilh oll endorsements, if ony, otloched herelo by
the Compony is lhe enfire policy ond conlroct belween lhe insured ond the Com-
pony. In inlerpreting ony provision of this policy, lhis policy sholl be conslrued os
o whole.
(b) Any doim ol loss or domoge, whelher or nol bosed on negligence, ond
which orises oul ol lhe stolus of lhe liile lo lhe e$ole or inleresl covered herebv or
by ony oction osserting such cloim, sholl be reslricled lo thk policy,
(c) No omendmenl of or endorsemenl to this policy con be mode except by
o wriling endorsed hereon or ofloched herelo signed by either lhe Presidenl, o
Vice Presidenl, the Secrelory, on Assistonl Secrefory, or volidoting officer or
outhorized signotory of lhe Compony.
I6. SEVERABII,ITY.
In the event onv orovision o[ the oolicv is held involid or unen{orceoble under
opplicoble low, the'pblicy sholl be diemdd not to include thot provision ond oll
oiher orovisions sholl remqin in lull force ond effect,
I7. NOTICES, IVHERE SENT,
All nolices required lo be given the Compony ond ony slotement in wriling
required 1o be furnished the Compony sholl include lhe number ol this poliq ond
rhofl be oddressed lo the Compony ot P.O. Box 2029. Houston, lexos 77252.
18. The premium specilied in Schedule A ir the enlire chorge for occepionce ol
ri*. ll includes chorges for title seorch ond exominolion if some is cuslomory or
required to be shown in the slole in which the policy is issued.
STEWAIT'f TITLE
GUARANTY COMPA NY
ofoaProject Application
our" /-2- 4l
Proiect Name:
Proiect Description:
Contacl Person and
Owner, Address and Phone;
Architect, Address and Phone:
Legal Description: Lot l,/o.///;//,,u /;rFilino L/..'l Y'//r 12- /-
4
r Zone
Comments:
Design Review Board
/
Morion by: LrtW B
seconded ,r, IOPzS ftRL
o^" /-2- fl
D ISAPPROVAL
Phone
Sum mary:
own Plan ner
D^1", /-z- 7/
Stalf Approval
Eu^1o al
PROJECT:
DATE SUBI4ITTED:
COMMENTS NEEDED BY!
DA*E oF PuBLrc HEARTNG tlz| q/
A< +p
BRIEF DESCRIPTION OF THE PROPOSAL:S hr4
.l t
Dare: !' i' .
.-,r14)€^:.rl ia Ju-." 4 lq?o, /,f{"^-t
PUBLIC WORKS
Reviewed by:
t/d-, +f/o*l ; I
1'l* Jr,u. cw
.'', ol.- p*^r^ p/^ /r*l
to,u^ prfr?. .,
h41^Jt1- aa utq-P
I% s.,*_^/^1
tlA+t*f*
+1* vT.
tcss -(
Comments:
%E
FTRE DEPARTMENT
Reviewed by:
comments:
Reviewed by:
Comments:
RECREATION DEPARTMENT
Reviewed by:
Cornments:
2 &;r'es i$--'---'-.can-t-c-4d. 5 carloQ_ t
Date:
Date:
INTER-DEPARTMENTAL REVIEW
#LA*-# -/t^
Date:
S-/ /" Fw f F.-(1. e)"{1.. rz/.,/ro
o)
ZONE CHECK
FOR
sER, R, R P/S ZONE DTSTRICTS
DATE:I'l,q I
LEGAI, DESCRIPTION: I,Ot
ADDRESS: tzh
OIINER
ARCHITECT
ZONE DISTRICT
PROPOSED USE
IPT SIZE
Helght
Total GRFA
Prirnary GRFA
secondary GRFA
Setbacks: Front
Sides
Rear
I{ater Course
Site Coverage lS,'/.
Landscaping
Fence,/Retaining I{aIl Heights
Parking
3 823
22q 3. &
/ g2q.z
o 6lL
(4
olL
Olc
OE
OK
nlo
b\lL
201
15 l
15r
(30) (50)
z 35'l'{
/. D /. m;x
3'/6',
Reqrd
..---f
lsee ,,,)'nvt1
| 4 "Yprt"^l I
Credits: Garage (300) (600)
(e00) (1200)
(so) (1oo)
(25) (50)
(200) (400)
Mechanical
Airlock
Storage
Drive: Perrnitted slope
-g3-
Actual' slope -@D-
r4A
Approved by Town Engineer: *'c.l- Date: l-'5-'f l
Environmental/Hazards :Sea Zopu cttcz bqa 6./4.?D
Avalanche Flood Plain
t Slope n+rcn""la 3rs /
ceologic Hazards
a) Snow Avalanche o/<
b) Rockfall C/<
c) Debris Flow
1)
2l
3)
Blockl { Filtng l,/^. / L' '// a,e'- / sf '
PHONE
PHONE
Allowed Existinq
Gor@
Proposed Total
j7ozl.a .:?ao' l2
=r.r,
a'1t.4
za.f
-
\7/tfT
/{
n/4
zzbs, {
I4) wetlands n/a
3tu1'z
"\4t 4
){-, v
TCz#
PIERCE, SEGERBERG &IIIH
ARCHTTECTS. P.C. .l!J
1000 South Frontage RoadVest
vArL, coLoRADO 81657
LETTT)CT TMANSNNITTAL
Plans ! Samples
the following items:
! Specilications
(303) 47G4433
TO
-...-
- WE ARE SENDING YOU-\g Attached E Under separate cover via
\ Print,!
nI Change order
tr Shop drawings
tr Copy of letter
t!! -o^"q
) r.l tllqo lJo6
No
^tttnt'"'A^f, , ,^.
/
"'I -# F)r
V.^,-"*
coPt Es DATE NO.DESCRIPTION
.7
L-."lAilqo 'Kre-vic,z}z r-P (1\i lo - \,rY ,l-r,^.
I
THESE ARE TRANSMITTED as checked below:
I For approval
E For your use
! As requested
I For review and comment
tr Approved as submitted
D Approved as noted
! Returned for corrections
Resubmit-copies for approval
Submit
-copiss
for distribution
Return
-corr€cted
prints
tr
!
tr
!
_n
REMARKS
! FOR BIDS DUE l9 PRINTS RETURNED AFTER LOAN TO US
COPY TO
,,n**, B$\ K-\.-.Jt--
P800UlI2aG3 /,!Easl hc" C.Si, lh!s. 0lor t, aactotu.as lra not a! notad, kindly notity ua tt o,rca.
oo oo
To: File
FRoM: Andy Knudtsen
DATE: June 28, L990
RE: Status of the issues for the Byrners residence, Lot 5,
Block 7, Vail village lst Filing.
Today I met with Bill Rosolack and Mike Mollica. The resolved
issues fron the first list that ste gave the applicant include:
1. The deck to the master bedroom has been shown on the plans
and it looks acceptable.
2. The height of the wall around the stairs will follow grade
and is likely to be one foot above grade--though it will
certainly be below 3 feet in height.
3. The width of the driveway has been increased to L2 feet and
the entry elenents have been removed.
4. The slope of the driveway has been reduced down to 128
though it still needs the Toun Engineerrs approval.
5. The drainage frorn the spring has been shown on the drawings.
We need the Town Engineer to review and approve it.
The outstanding issues include:
1. The nunber of drive cuts. It is stitl shown as two and our
position is that one cut serving both Lots 5 and 6 is the
rnaximum number. Related issues include the right-of-way
pernit and the 2:1 maximum slope allowed on slopes around
the driveway.
2. The wall between the garage door and the planter exceeds 5
feet.
3. The anount of GRFA still exceeds the total amount allowed by
75 sg. ft.
4. I need to redo the site coverage analysis and use the
footprint ttrat was shown to me today in the meeting.
The process from here on out is that I will get the engineer to
look at the driveway and the drainage. BiIl Rosolack will redo
the GRFA to reduce the size of the house and he wilt provide a
section for us to look at on the driveway. He said he is likely
to drop off these drawings by July 3rd.
Ww
communlly dwelopment75 south lrontage road
Yall, colorado 81657
(303) 47$'2138
(303) 47$2139
office ol
June 29, l-990
Mr. Bill Reslock
Gordon R. Pierce Architects
1000 S. Frontage Road WestVail, CO 81657
RE: Lot 5, Block 7, Vail Village First Filing.
Dear Bill:
At our ureeting yesterday June 28th, we agreed that you would
continue working on two items. The first is reducing the GRFA inthe structure and the second is reworking the slopes around the
proposed driveway so that they do not exceed a 2:L slope. After
our meeting, Town staff discussed the overall proposa] and
concluded that the variance granted last year for the retainingwalls around the drive cut was approved based on the applicationrnaterial showing one curb cut serving both Lots 5 and 5. Thewritten naterial in the application also incfudes both Lots 5 and6. As a result, we wiLl not be scheduling the house on Lot 5 fora final DRB review until you submit a site plan showing tbe
driveway being served fron the shared curb cut. If you or Gordon
Pierce have any questions about this, I am available to talk with
you.
elY,
Andy
To$rn Planner
&.{"\
AKlpp
cc: Kristan Pritz
Larry Eskwith
t
Project Application
Date 6 'La .q cs
Pro,ect Name:
Project Description:
Contact Person and Phone
Owner, Address and Phone:
Architect. Address and Phone:
Legal Description: Lot f Btocx 7 .rma-_ilf uo;/t,'//o*zone-
Com ments:
Design Review Board
,aoate 0'Zd'70
APPROVAL D ISAPPROVA L
Summary:
Town Plan ner
Date:
D Statt Approval
,t t\
? C */ G4.>
a(-'
i:
ZONE DISTRICT p/<
PROPOSED USE
I,oT SIZE O.aLtl Ac-,/ tsrO3o fr
lr
Height
TOtaI GRFA
Prinary GRFA
Secondary GRFA
Setbacks: Front
Sides
Rear
Water course
Site Coverage
Landscaping
Fence/Retaining Wall Heights
Parking
Credits: carage
Mechanical
Airlock
storage
Drive: slope Permitted
Environmental/Hazards :
Y9o
FiIing
Allowed
G(33)
201
15 1
15 1
(30) (so)
(300) (600)
(eoo) (1200)
(so) (1oo)
(2s) (50)
(2oo) (4o0)
slope Actual
o(
ProDosed
^^l ^tljl'-o r
3vet f
jsoo *
3?7 f
v/
,4l+X.
C,)
. ZONE CHECK
FOR
SFR, R, R P/S ZONE DISTRIqIS
DArE: 6. /1.? o
LEGAL DESCRIPTION: Iot 5 Block
OI{NER P^u ?lo'"-. PHONE
ARCHITECT f-aBl..i l;enae PHONE
o
ADDRESS: l2G Faaet{ R.J. '
Lz%.s f
t92?, 2t
(qrf\
\ at*,/
atr>z3elh
Lo?, n*,
*'/t'
I e.f,'e.o(
N/h
2e1tl, F
OK
1"K
OK
--7,-
a!-Ery_
(s,\ Cs)
a -?
f
14 9"
Avalanche
Zoning:
Date:R.o.K(a({ =
Flood Plain OK
Slope
Geologic Hazards
Approved/Disapproved 4eLt;s :OK
OK
staff Signature
\
I IHTEP..DEPARTNENTAL REV I Et.|
P?.OJECT:
DATE SU3r.ilTTzo: 6 -t,4 -9a
C0I","'iENTS NEEOED 8Y:_
ERIEF DESCRIPTION OF THE PROPOSAL:
Conments:
(s Res;lenrcs
6:2P:2o
Jf' D H-- U yo* V^^AV ,*-,'-\e, +r; q,Vote,
?) Dr;.r".-{.*1 fil,ft r'5 (-rvt+uzpWb-
o-\-r> (- $ r . r- , ?P'%) . P* S, \-^**r, J,: : ;.T' rr-*o "r*w "*'l!,rre-'a,.2 !4) Drn>,'''V t^.--- | L*- h.^)t b'+h oa' $ +,"') ' '0
t) 'S"s.-t >- l^4d_ +- t{ &rJ !cr.
' l1rah .-{
s{-c"r-r> ?.ph i NccJ '?*-.-i L$ p l- =, #,-
- FIRE pEpr.RTr4ENr
u*T f^' + tu\ ?iL(nrs *^l .^.t, tt'ru-L,
Reviewed by: Date ' " '- n
-+- t>< Izl
rlb\ -)loot+ Al-
't
:
-l{,"t i s
tIIt-Lo Sl<z rl ./-
l.t
POLICE DEPARTI4ENT
Reviewed by:
Connerrts:
Date
a
',Lt.
. ij;
REC.::EATi OII DEPARTI.:ENT
Revle"red by:
Co::uents:
DATE OF PUBLIC HEARING
Date
o Rtr"i,
DRB APPLICATION
*****THIS APPLICATION WILL NOT 8E ACCEPTED UNTIL ALL INFORMATION IS SUBMITTED*****
I. PRE.APPLICATION MEETING:
A pre-applicatlon qqglins Tllh.a plannlne-st1fl T"'bSl 1:-:!Tl9]I .:.Y99':l'1^l:A ore-app] jcatlon meeting Wlth a plannlng Stat? memDer Is srrongly suggesEeq re
a.i;-ffi ii-inv aaoit'lonal lnformation is needed'. Hq Snnlicallo1 {]l-!9,T::P!:{;;il;;'il i; ;;pi;il-(must rng'!9{e all ltems required.bv the.19nlf's 1{I'illltrl!01).ii'ii'tti iipiii|nt;t iesponsibility to make an,appointment.with the staff to find
out iUori ahhitionat submlttal requirements. Please note that a C0MPLETE gPPlica-
iion-wiii iiieamtlne the approval process for your proigg! by decreas'ing the number
oi-loiiitions-of approval that the'DRB may stlpulate. ALL conditions of approval m
/
be resolved before'a buildlng permit is,lssued.
A. PROJECT DESCRIPTION:
APPLIcATIoNoare, J.rn-- 4, [T1O
DATE OF DRB I4EETIIIG , ),,NO 2 O _
must
c- ?;,r-*
Legal DescriPtion Lot 6
Zonrns @ 7/e
C. NAME OF APPLICANT:
Address Zbe
D.
E.
MME OF APPLICANT'S REPRESENTATIVE :
ila.ess lpu
B'lock
tJme a building permit is requested.
FEE
B. LOCATION OF
Address
Fi'l i ng v 1d-
:::^'"'-':Yi
telePhonefungl
B;ll R.g,h"K
l ephone
telephoneflLn{l
Si gnature
Address
F.DRB FEE: The fee will e paid at thd
VALUATION
$ o-$ lo,ooo
$10,001 -$ 50,000
$.50,001 - $ 150,000
$150,001 - $ .500,000
$500,001 - $1,000,000$ 0ver $1,000,000
'$ r0.00
$ 25.00
$ so.0o
$1oo. oo
$200.00
$300.00
IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
l. In addition to meeting submittal requirements, the applicant must stake the site
to indicate property Tines and building corners. Trees that wil1 be removed
should also be inartLa. This work must-be completed before the DRB visits the
si te.
Z. The revjew process for NEIJ BUILDINGS rvi'l I norma'l 1y involve tt'ro separate meetings
of the Design Review Board, so plan on at'least two meetings for their approval.
3. people who fail to appear before the Design Review Board at their scheduled
meeling and who have not asked for a postponement will be requ'ired to be
republ i shed.
\
4. The following items no longer have,to be presented-to.the Design Review Board'
They, howev.", nlul t6 6i'i"itented io-th! Zoning Administrator for approval:
a. r,|indows, sryllghts.and.slml.lar exterlor changes that do not alter theq' ;ii;ifis piine-or the bul'ldlnei ind
b.Bulldingaddltjonsthatare.not,vlewedl|oTlnyother]otorpub.|icspace'
which have riii'iliiti'.i-sufmfltea fiom adJoinlng propertv owners approvlne
the addition; and/or approval t"oi,'i'r,.-iien[ ior, oi-ma-nager of a condominium
assocl atlon.
5. you may be required to conduc_t Natura'l Hazard studies on your property. You should
.i."i-i,iir, a Town Planner before proceeding'
oot
tnILIfl LOCATION VERIFICATION%
SI'BDIVISIOI
toB rurc BYzUES - Ttr(tLoR _
r.m :ffli-rrocr
ADDRESS , VAtu,
1
The location of utilities, whether theylines, mrst be approved and verified by
accoryanying site plan.
be nain trunk lines or proposed
the following utilitiss for the
0ate
*'i$ilil;3:"' 6w
*Bl$;:iit'"companv *w fugz
HolyCross Electrlc Assoc. U ^ ./ t For nel const
Ted Husky/l{fchael Laverty 741 ?rZ- 7-z-& please flll out
attached sheet.
Yail Cable T.V.GaryJohnson /6U t-' ru
u3fi"5llli,l3l';{,.1i:i'. \ot\\lorr i_ 7-}-R?
lhvld Krenek
-
'*s/'il[4@/fu"dr/l--- J
Authorlzed Siqnature
r-634-3778 l-. ( L4 4 -rc -n{-
ilountain Bell
NOTE: These veriflcations do not relieve the contractor of his
responsibility to obtain a street cut perrit fron the
Tom of Vail, Departnent of Public l$orks and to obtain
utility locations before digging in any public right-
of-uay or easenent ln tho Towr of Vail. A building pernit
ls not a streot cut pernit. A street cut psrui,t u.rst be
obtainod separetely.
'Iltls fom is to verify sorvice avaitablity and locetion.
tttis should be used in conjunction rith preparing your
utility plan and schoduling installations.
/
7
LIST OF !,TATERIAI,S
NA}IE OF PROJECTS
I.,EGAL DESCRIPTIONs
STREET ADDRESS:
15 arncx 1 suBDrvrsroN
DESCRIPTION OF PRq'ECT8
The follow l-nfor:uation ibefore a final
UATERIAIJS:A.
approval
TYPE OF COIPR
Review Board
BUILDING
Roof
Siding
Other Wall ltaterlals
Fascia
Soffits
Windows
Window Trin
Doors
Door Trin
Hand or Deck Rails
Flues
Flashings
Chiuneys
Trash Enclosures
Greenhouses
Other
requlbed for submittal'to the Desl.gn
can be given:
Z ^ u ctAzr
B. I.ANDSCAPING!Name of o""*fl3;::
f Prr--z P.',n*g
L €\au...
Enu\r^ tr"+.*tGjL',Ura ArFr.r,r'
Bp.IF*fu--Aqr^ ry
*IndLcate caliper for declduous trees.
PI,ANT MATERIAI,S:
PROPOSED TREES
Botanlcal Name Conmon Name
€-Q.faAa
ouantl-tv Si?e* .I JTJA2 lti- ltJ
4 7'- loll.
-C+..arEXISTING TREES
BE REI'|OVED
rot
Zxc. C.cAar
trees.
fndicate
PI.AIIT }IATERIAIS:
PROPOSED STTRUBS
soD
Botanical Nane Cornlrlon Name ouantity Size*
EXISTING STTRUBS
TO BE REMOVED
*Indicate sLze of proposed shrubs. MLnlmun size of shrubs is5 crallon.
GROUND COVERS
d-r
L 1"U
,lL'-
lryt'" ?L 59t[
-t,ka- Alpir', I
Alend C;.*,+ 22- 5+a
k+*[..r Ft" lao- t
c.
SEED
TYPE
OF IRRIGATION
t.rA+ &,+i'.trl \ La"'ler--t---
4.q\nn..A "-
TYPE OR I.IETHOD OF
EROSION CONTROL
oTHER LANDSCAPE FEATIRES (retaining walls, fences, swlnningpooIs, etc.) Please specify. Indicate heights of retainingwalls. Maximun height of walLs within the front setback is
3 feet. Maxinum height of walls elsewhere on the propertyis 5 feet.
ZONE CIIECK
FOR
sER, R, R P/S ZONE DTSTRIqTS
IJEGAI.ON:^ Ict
ADDRESSS
Owl{ER
ARCHITECf
ZONE DISTRI
PROPOSED USE
IPT STZE
Helght
TOtAl GRFA
Prfunary GRFA
Secondary GRFA
Setbacks: Front
8l.des
Rear
lfater Course
S!.te Coverage
IandscapLng
Fence,/RetaLnLng lfall
Parkl.ng
Credits: carage
lleJ.ghts
ltechanlcal
Airlock
storage
Drl.ve: Slope Pemitted her; | +'/,
EnvLronnental/Hazards: Avalanche
Slood Plaln
Slope
DA'E: L-4'1o
Zoning:
Date:
Block ? ,rrr'n \f.J,l dl-
ProooEed
71 aa!
?4.ao !
5oa L
Allowed
(30) (33)
a6zb
2277
| 6L7
l6*57
20.
15 1
15f
(30) (50)
23b1
daz
3'- ct'
(300) (600)
(eoo) (1200)
(s0) (100)
(25) (so)
(2oo) (4oo)
Slope Actual
2Zee
4o'/
jt - (t'
l6
4
laeO
loo
Eo
*oa
l+"/,
4
Geologlc Hazarde
Approved/Disapproved
Staff slgnature
o
SCHEDULE A
i&pnn NUMBER: B90os237
1. EFFECTIVE DATEr June 15, 1989 at 8:00 A.M.
2. POLICY OR POLICIES TO BE TSSUED:
A. ALTA O!|TNER'S POLIEY
PROPOSED INSURED: RONALD BYRNE
B. ALTA LOAN POIJICY
PROPOSED INSURED:
E. AIJTA IJOAN POLICY
PROPOSED INSURED
AMOUNT OF INSURANCE
$ 1,700,000.00
$
I
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPIJE AND TITI'E TTTERETOIS AT THE EFFECTIVE DATE HEREOF VESTED IN:
VERNON TAYLOR, JR.
4. THE TJAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
LING
ACCORDING TO THE PIJAT REEORDED AUGUST 10, L962IN BOOK 174 AT PAGE 180 AS RECEPTION NO. 96382.
COUNTY OF EAGI,E
STATE OF COT,ORADO
PREMIUM!
OWNERS:
TAX CERT.
3,L47 .00
10.00
STEWART TITLE
OF EAGLE COUNTY, INC.
P.O. BOX 1248vArL, co. 81658(303) 949-1011
STE\ryART TITLE
OUARANAY COTIPAIf Y
g<t(: 16()(lM t-8gl
o,f
SEIIEDULEB-SECTIONl
oRDER NUMBER! 89005237
REQUIREMENTS
THE FOT.,LO!{ING ARE THE REQUIREMENTS TO BE COMPLIED WTTH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OE THE GRANTORS OR MORTGAGORS
OF THE FULL EONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITET,I (B) PROPER INSTRUMENT (S) CREATING TTIE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DUIIY FILED FOR RECORD, TO WIT!
1. Execution of affidavit as to Debts and Liens and itg return to
Stewart Title Guaranty Company.
2. Execution of Certificate - Entity Transferor/IndividualTransferor and its return to the office.
3. Evi,dence satisfactory to Stewart Title Guaranty Company thatthe real estate transfer tax aggegsed by the Town of Vail has
been paid or that the transaction is exempt from said tax.
4. Deed from Vernon Taylor, Jr. , vesting fee simple title in
Ronald ByTne. NOTE; NOTATION OF THE T-,EGAL ADDRESS OF THE GRANTEE
MUST APPEAR ON THE DEED AS PER 1976 AMENDMENT TO STATUTE ON
RECORDING OF DEEDS 73 CRS 3835109 (2).
STE\fART TITLE
OUIRANTI COl|PA NY
99C (500M t-89)
I ,a
SCHEDULEB-SECTION2
EXCEPTIONS
oRDER NUMBER: 89005237
THE POLICY OR POLICIES TO BE ISSUED WILT, CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAII.IE ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CIJAIMS OF EASEMENTS, NOT SHOWN BY TITE PUBT'IC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA.
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOUIJD DISELOSE AND WHICH ARE NOT
SHOWN BY THE PUBIIIC RECORDS.4. ANY IJIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.5. DEFECTS, LIENS, ENEUMBRANCES, ADVERSE CLAIMS OR OTITER MATTERS,IN ANY, EREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFEETIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMIIITMENT.
8. Right of Proprietor of a vein or lode to extract and removehis ore therefrom should the same be found to penetrate orintereect the premises aa reserved in United States Patent
recorded Apriul L2, 1899 in Book 48 at Page 475.
9. Right of rday for ditches or canals constructed by the
authority of the United States, as reserved in United States
Patent recorded April L2, L899 in Book 48 at page 475.
10. Easements and restrictions as shown on the Plat for VailVillage First Filing, recorded August IO, L962 in Book L74 at
Page 180 as Reception No. 96382.
11. Terms' Conditiong and Restrictions and as contained in theProtective Coventants for Vail Village First Filing, recorded
August 0, L962 in Book L74 at Page 179 as Reception No. 96381.
L2. Easement and Right of way ae granted to CommunityTelevision Investment, Inv. in document recorded December l'1 ,
1968 as Reception No. 109972.
13. Agreernent between VaiI Aesociates, Ltd., a Colorado Limited
Partnership and Gas Eacilities, fnv., a Colorado Corporationrecorded in Book 183 at Page 157 as Reception No. 99710.
L4. Terms, conditions, reservations, restrictions and as
Continued on next qSqgE11'rART TITLE
OU RANTY C(]TIPAI{Y
qqc t50()M 1-acl
O coNrrNuArroN sHEEr I
SCHEDUIJEB-SECTION2
EXCEPTIONS
ORDER NoilBERr 89005237
contained in notice from The Vail Village First Filing property
Ownerg Aseociation recorded April 10, 1981 in Book 321 at page
423 as Reception No. 217791 .
STE.\^/AR.T TITLE
OUARANI' COIPTlfY
99e 4500M 1-R9l
ZONE CHICK
FOR
SFR, R, R P/S ZONE DISTRICTS
gllifut'..n Fif ing lsJ -
AODRESS:
Hei gh t
Totai GRFA
PrimarY GRFA
Secondary GRFA
Setbacks: Front
Sides
Rear
lilater Course {o /rf s/'Pe
s 3b?o
Al I orled
p(3:)
9923
2271
1521
20'
1ql
1ql
(30)(so)
7360
Prooosed
(600)
( 12oo )
(so)(loo)
(2s)(so)
(2oo)(4oo)
33'- O",
37b
1,?
t2,3_
e.,>
€
( w,r)
(s;i+n'a\_'
a
( zoi>#
F:#:tft:lllnins 'narl Heishts
Parki ng
Credi ts: Garage
Mechani cal
Ai rl ock
Storage
Solar Heat
Drive: SloPe Perm'itted
Envi ronmental /Hazards :
Comnents:
Zoni ng:
Date:
I
roved/0i saPProved
Slope Actual - k+Sco/ /e,vet2_%,'lrlx.
ood Plain ^l
bletlands v
Geologic Hazards
9nature
---:-. --"'---- "--- --::-==:ry-:-'€l
ZONE CHECK
FOR
SFR, R, R P/S ZOIIE DISTRICTS
n^fr. 1, t2. tr1Itlli m Block ? - Filing t/a;t t/;t/tve ls
AoOnESS: llc Fc...'V Rl . -----
OI.INERlJ.lrrl-r\ARCHIIEC'I Ln/.t Pse*ce
PROPOSED USE
LOT SIZE
Hei ght
Totai GRFA
PrimarY GRFA
SecondarY GRFA
Setbacks: Front
Sides
Rear
3823
2271
t521
Al'l or'red
E(33)
20'
1Er
15'
(30)(50)
Prooosed
,,133'^oG,
3st/,4
3t:t _
7360 230?,5 @r rr\
(3oo)(600)
(e00)(1200)
(so)( loo)
(2s)(so)
(2oo)(4oo)
+ zol:go,) Cr,<)
(:') a
+e
-
,\(zoo\ (t)
Drive: SloPe permitted ? ?-slope Actuat ls% nt*'' AaN olnue
Envi ronmenta I /Hazards :
,_AAVa tancne u
Flood Plain n/n
Slo1e 59.7 7c
.tlfetlands V4
Geologic Hazards dK
water course . {.!* u:':r:;:'
Site Coverase l!s?" )
LandscaPi ng
Fence/ Reta i ni ng 'Jal I Hei ghts
Parki ng
Credi ts: Garage
Mechani cal
Ai r'lock
Storage
Solar Heat
Comments:
Zoni ng:
Oate:
)Eatt 5tgnature
Approved/ Di saPProved