HomeMy WebLinkAboutPEC120043Project Name:SLIFER MAJOR EXT. ALTERATION PEC Number: PEC120043
Project Description:
MAJOR EXTERIOR ALTERATION FOR SLIFER UNIT ADDITION AT THE GORE CREEK PLAZA
BUILDING.
Participants:
OWNER SLIFER, RODNEY E. & ELIZABET 10/22/2012
230 BRIDGE ST
VAIL, CO
81657
APPLICANT SLIFER, RODNEY E. & ELIZABET 10/22/2012
230 BRIDGE ST
VAIL, CO
81657
Project Address:193 GORE CREEK DR VAIL Location: GORE CREEK PLAZA PENTHOUSE
Legal Description:Lot: A Block: 5B Subdivision: VAIL VILLAGE FILING 1
Parcel Number:2101-082-1301-4
Comments:
BOARD/STAFF ACTION
Motion By:KURZ Action: APPROVED
Second By:CARTIN
Vote:5-2-0 Date of Approval: 11/26/2012
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0012944
This exterior alteration or modification approval is contingent upon the applicant
obtaining Town of Vail approval of the associated design review application.
Cond: CON0012945
The applicant shall mitigate the impact on employee housing caused by this
residential development/redevelopment in accordance with the provisions of Chapter
12-24, Inclusionary Zoning, Vail Town Code.
Planner:Bill Gibson PEC Fee Paid: $800.00
TOWN OF VAIL, COLORADO Statement
Statement Number: R120001728 Amount: $800.00 10/23/201202:19 PM
Payment Method:Credit Crd Init: CG
Notation: VISA Allison
Kent--------------------_ 1 ------------------------------------
Permit No: PEC120043 Type: PEC - Major Exterior Alt
Parcel No: 2101-082-1301-9
Site Address: 193 GORE CREEK DR VAIL
Location: GORE CREEK PLAZA PENTHOUSE
Total Fees: $800.00
This Payment: $800.00 Total ALL Pmts: $800.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code
PV 00100003112500
Description Current Pmts
PEC APPLICATION FEES 800.00
TOWN OF UAIL GOM DEU
75 S FRONiAGE RD.
URIL CO 81651
970-479-2324
TERMINRL I.D.; 2002
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MAIL OR6ER
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AUTH:075536
OCT 23a 12 13:12
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CUSTOMER CQPV
CUSTOMER DISTRIBUTION
Date:Our Order Number:
Property Address:
If you have any inquiries or require further assistance, please contact one of the numbers below:
10-18-2012 V50034595
193 GORE CREEK DRIVE AKA PENTHOUSE GORE CREEK PLAZA VAIL, CO 81657
For Title Assistance:
Vail Title Dept.
610 WEST LIONSHEAD CIRCLE #200
VAIL, CO 81657
Phone: 970-476-2251
Fax: 970-476-4534
EMail: eaglecountyrequests@ltgc.com
SLIFER SMITH & FRAMPTON-BRIDGE STREET *TMX*
230 BRIDGE ST
VAIL, CO 81657
Attn: ROD SLIFER
Phone: 970-476-2421
Fax: 970-476-2658
EMail: rslifer@slifer.net
Sent Via EMail
MAURIELLO PLANNING GROUP, LLC
PO BOX 4777
2205 EAGLE RANCH RD
EAGLE, CO 81631
Attn: DOMINIC MAURIELLO
Phone: 970-376-3318
Fax: 970-748-0377
EMail: dominic@mpgvail.com,allison@mpgvail.com
Sent Via EMail
Land Title Guarantee Company
Date:
Our Order Number:
Buyer/Borrower:
Seller/Owner:
Property Address:
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for directions to any of our 54 office locations.
THANK YOU FOR YOUR ORDER!
ESTIMATE OF TITLE FEES
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL
Form CONTACT 06/04
10-18-2012
V50034595
A BUYER TO BE DETERMINED
RODNEY E. SLIFER AND ELIZABETH W. SLIFER
193 GORE CREEK DRIVE AKA PENTHOUSE GORE CREEK PLAZA VAIL, CO 81657
TBD Commitment $100.00
$100.00
Land Title Guarantee Company
LAND TITLE GUARANTEE COMPANY
INVOICE NO.
- Amount Due -
Invoice Charges
Invoice Date:
Order No.
Due and payable upon receipt.
For Remittance please refer to Invoice No.
Please make checks payable to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd. Suite 125
Greenwood Village, CO 80111-4701
Owner:
Address:
V50034595
RODNEY E. SLIFER AND ELIZABETH W. SLIFER
193 GORE CREEK DRIVE AKA PENTHOUSE GORE CREEK PLAZA VAIL, CO 81657
October 18, 2012
VA-6044
VA-6044
SLIFER SMITH & FRAMPTON-BRIDGE STREET
230 BRIDGE ST
VAIL, CO 81657
ROD SLIFER
TBD Commitment $100.00
$100.00
Schedule A
Our Order No.
Cust. Ref.:
1. Effective Date:
2. Policy to be Issued, and Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
5. The Land referred to in this Commitment is described as follows:
Property Address:
V50034595
A L T A C O M M I T M E N T
193 GORE CREEK DRIVE AKA PENTHOUSE GORE CREEK PLAZA VAIL, CO 81657
September 26, 2012 at 5:00 P.M.
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
A FEE SIMPLE
RODNEY E. SLIFER AND ELIZABETH W. SLIFER
CONDOMINIUM UNIT "PENTHOUSE", GORE CREEK PLAZA CONDOMINIUM ACCORDING TO THE
CONDOMINIUM MAP THEREOF FILED FOR RECORD AS DEFINED IN THE CONDOMINIUM
DECLARATION RECORDED SEPTEMBER 16, 1971 IN BOOK 221 AT PAGE 698 AND THE
AMENDMENT THERETO RECORDED OCTOBER 27, 1971 IN BOOK 222 AT PAGE 74 AND THE
AMENDMENT THERETO RECORDED DECEMBER 23, 2010 UNDER RECEPTION NO. 201025998,
COUNTY OF EAGLE, STATE OF COLORADO.
First American Title Insurance Company
The following are the requirements to be complied with:
(Requirements)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 1
V50034595
1.
2.
3.
4.
5.
Item (a) Payment to or for the account of the grantors 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 filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
THE COMPANY WILL REQUIRE A CERTIFICATION SIGNED BY A PROPER REPRESENTATIVE
OF BOARD OF MANAGERS STATING THAT THERE HAS BEEN FULL COMPLIANCE WITH THE
FIRST REFUSAL PROVISIONS OF THE CONDOMINIUM DECLARATIONS AS REFERENCED IN
ITEM NO. 11 OF SCHEDULE B.
EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
PARTIAL RELEASE OF DEED OF TRUST DATED APRIL 12, 2004, FROM RODNEY E.
SLIFER AND ELIZABETH W. SLIFER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR
THE USE OF ALPINE BANK TO SECURE THE SUM OF $1,950,000.00 RECORDED APRIL
20, 2004, UNDER RECEPTION NO. 874279.
PARTIAL RELEASE OF DEED OF TRUST DATED APRIL 12, 2004 FROM RODNEY E. SLIFER
AND ELIZABETH W. SLIFER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE
OF ALPINE BANK TO SECURE THE SUM OF $900,000.00 RECORDED APRIL 20, 2004,
UNDER RECEPTION NO. 874280.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED
OCTOBER 08, 2009 UNDER RECEPTION NO. 200921992.
NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT.
WARRANTY DEED FROM RODNEY E. SLIFER AND ELIZABETH W. SLIFER TO A BUYER TO
BE DETERMINED CONVEYING SUBJECT PROPERTY.
(Requirements)Our Order No.
Continued:
A L T A C O M M I T M E N T
Schedule B - Section 1
V50034595
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE
BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES
REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE
CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO.
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50034595
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
Any and all unpaid taxes, assessments and unredeemed tax sales.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
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 JULY 12, 1899, IN BOOK 48 AT
PAGE 475.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899,
IN BOOK 48 AT PAGE 475.
RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179 AND AS
AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1965 IN BOOK 187 AT PAGE 353.
THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS,
WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50034595
12.
13.
14.
15.
16.
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED SEPTEMBER 16, 1971, IN BOOK 221 AT PAGE 698 AND AS
AMENDED IN INSTRUMENT RECORDED RECORDED OCTOBER 27, 1971 IN BOOK 222 AT
PAGE 74 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 23, 2010 UNDER
RECEPTION NO. 201025998.
SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN
ARTICLE 28 OF SAID DECLARATION.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE CONDOMINIUM MAP OF GORE CREEK PLAZA CONDOMINIUMS RECORDED SEPTEMBER
17, 1971 IN BOOK 221 AT PAGE 717 AND AS AMENDED IN INSTRUMENT RECORDED
DECEMBER 23, 2010 UNDER RECEPTION NO. 201025997.
TERMS, CONDITIONS AND PROVISIONS OF RECIPROCAL ACCESS EASEMENTS AMD JOINT
USE AGREEMENT RECORDED FEBRUARY 21, 2007 AT RECEPTION NO. 200704568.
TERMS, CONDITIONS AND PROVISIONS OF ACCESS EASEMENT AGREEMENT RECORDED
SEPTEMBER 28, 2011 AT RECEPTION NO. 201117988.
TERMS, CONDITIONS AND PROVISIONS OF EXCLUSIVE PARKING AND ACCESS EASEMENT
RECORDED SEPTEMBER 28, 2011 AT RECEPTION NO. 201117989 AND UNDER RECEPTION
NO. 201117990.
TERMS, CONDITIONS AND PROVISIONS OF EXCLUSIVE PARKING EASEMENT RECORDED
SEPTEMBER 28, 2011 AT RECEPTION NO. 201117991.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County
Treasurer or the County Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic's and material-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or
incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting
attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance
proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
DISCLOSURE 02/2011
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize
the personal information you provide to us. Therefore, together with our parent company, the First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner
in which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information
that we may collect include:
* Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
* Information about your transactions with us, our affiliated companies, or others; and
* Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship
has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that
perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled respnsibly and in accordance with this
Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and
procedural safeguards that comply with referral regulations to guard your nonpublic personal information.
WEBSITE
Information on the calculation of premiums and other title related charges are listed at First American's
website: www.firstam.com
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION
AND
MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and
Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
* applications or other forms we receive from you, including communications sent through TMX, our
web-based transaction management system;
* your transactions with, or from the services being performed by, us, our affiliates, or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
* the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
* We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
* We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
* We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Form PRIV.POL.LTG.1
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
For the Slifer Residence
located at 193 Gore Creek
Drive, Gore Creek Plaza
Condominiums
Owners:
Rod and Beth Slifer
Major Exterior Alteration
& Height Variance for
250 Addition
Introduction
Rod and Beth Slifer, represented by Mauriello Planning Group, are requesting the addition
of 250 sq. ft. to their condominium,
located at 193 Gore Creek Drive at the
Gore Creek Plaza Condominiums.
Because of the location of the unit, the
250 Addition requires a Height Variance
and a Major Exterior Alteration in the
Commercial Core 1 Zone District. The
Gore Creek Plaza Building was originally
constructed in 1971 according to the
Eagle County Assessor, and over the
years has been granted numerous
variances, conditional uses, along with
various remodels and additions due to the
change in Town codes after its original
construction.
The building height limitations of the Commercial Core 1 Zone District are provided in the
Vail Village Urban Design Guide Plan, which was adopted in 1980, approximately 11 years
after the building was constructed. The height limitations are 33 ft. to 43 ft. up to 40% for
the building footprint and 33 ft. or less to 60% of the building footprint. The Gore Creek
Plaza Condominiums do not currently meet these height limitations and, in fact, were
rendered nonconforming when these height
limitations were adopted. Based on the how
restrictive the 1980 Urban Design Plan is, nearly
any modifications to upper stories to most
buildings built in the area require a variance. A
similar height variance was granted in 1989. The
Town staff memo recommending approval of the
1989 variance request is attached.
Currently, 17% of the building is 33 ft. or less,
11% of the building is 33 ft. to 43 ft., and 72% of
the building exceeds 43 ft. The highest peak is
currently developed at 50 ft. As proposed, the
addition will only slightly increase the area of the
building which exceeds the height limitation, with
17% will be 33 ft. or less, 5% of the building at
33 ft. to 43 ft., and 78% will exceed 43 ft. The
highest roof peak remains unchanged at 50 ft.
At this time, the owners are requesting a variance from the height limitations to allow for an
addition which will exceed the 43 ft. height limitation yet still lower than the ridge height of
the building. While a gabled peak roof would provide more volume within the interior of the
space, a shed roof form was used to minimize the overall height of the roof being requested.
2012 photo of the Gore Creek
Plaza Condominiums.
2
Location of addition
The applicant is also requesting a major exterior alteration in the CCI zone district, which is
required for any alteration of an existing building which adds or any enclosed floor area
and the alteration of an existing building which modifies exterior rooflines.
3
Description of the Project
The Slifers are requesting the 250 addition to reconfigure and increase the size of their
kitchen and dining area. The addition will occur by partially enclosing an existing deck
located adjacent to this space. Because this area is located above existing GRFA, there is
no increase to site coverage or change to existing setbacks. Floor plans have been
provided below, while a full-sized set of plans have been submitted with this application.
4
Deck at level
below
Existing
deck
New deck to match
deck below
New floor area
Existing
Proposed
Zoning Analysis
Zoning:!!!Commercial Core 1
Land Use Plan Designation:!Village Master Plan
Current Land Use:!!Residential/Commercial
Development Standard!!Allowed/Required!!Existing!!!Proposed !
Lot Area:!!!5,000 sq. ft.!!! 7,553 sq. ft.!!No Change
Setbacks:
Front:""""None Required"""14’-20’"""No Change
Sides:"""None Required"""0.5’-10’ ""No Change
Rear:""""None Required"""0.5’-3’"""No Change "
Building Height:""33’ or less 60% ""33’ or less: 17% "33’ or less: 17%
""""33’-43’ up to 40%""33’-43’: 11%""33’-43’: 5%
""""""""> than 43’: 72% "> than 43’: 78%
Site Coverage:!!!6,043 sq. ft. (80%)!!6,084 sq. ft. (80.6%)!No Change !
Density:!!!6,043 sq. ft. (80%)!!6,043 sq. ft. (80%)!6,293 sq. ft. (83%)*
Parking:!!!6 spaces!!!5 spaces!!No Change
!!!!(residential) !!!(residential)
*GRFA for allowed through the “250 Addition”
Change in Roof Heights with Proposal:
Sq. Ft. of
Roof Below
33 ft.
% of Roof
Below 33 ft.
Sq. Ft. of Roof
Above 33 ft.
& Below 43 ft.
% of Roof
Above 33 ft. &
Below 43 ft.
Sq. Ft. of
Roof Above
43 ft. &
% of Roof
above 43 ft.
Existing 911 17%595 11%3,896 72%
Proposed 911 17%255 5%4,246 78%
5
Criteria for Review - Variance
Section 12-17-6: CRITERIA AND FINDINGS, Vail Town Code provides the review criteria for
a variance. These, along with an analysis of the proposal, are provided below:
1.The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
Applicant Analysis: The heights of buildings in this
vicinity vary greatly, but generally, few meet the
height limitations set forth in the Urban Design
Guide Plan. Buildings along the Gore Creek
promenade are generally nonconforming with
regard to height, primarily due to the significant
change in grade from Gore Creek Drive down to the
Gore Creek promenade. The subject property
(Gore Creek Plaza Building) has an existing
maximum height of 50 ft. The Sitzmark Building,
located directly adjacent to the west, is
approximately 50 ft. at the highest point. Creekside
Condominiums is approximately 52 ft. at its highest
point. Both the Sitzmark Building and Creekside
Condominiums highest points are on the north
elevations. The height of the Bell Tower Building,
located directly to the east, is 50 ft. on its north side.
Village Center, which is located across Gore Creek
is 77 ft. in height at its south elevation. While Village Center is located in a different
zone district, it also is in excess of its height limitation of 48 ft.
North elevation of the
Sitzmark Building - 50 ft.
East elevation of the Bell Tower
Building - 50 ft.
South elevation of the Village
Center Building - 77 ft.
Grade change from Gore Creek
Drive to the Gore Creek Promenade
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In comparison to the heights of the buildings in the vicinity, the Gore Creek Plaza
Building is in keeping with the other structures in the vicinity.
2.The degree to which relief from the strict or literal interpretation and enforcement of
a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity, or to attain the objectives of this title without
grant of special privilege.
Applicant Analysis: The proposed addition has been designed to minimize the
variance to the extent possible. It has been designed with a flat roof form, matching
the addition that was done in 1989, and a deck has been added to maintain the
visual interest of this elevation. This, along with the comparison of this building height
to the surrounding building heights, none of which comply with the height limitations,
makes this variance request not a grant of special privilege.
3.The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Applicant Analysis: A sun shade analysis has been provided with this submittal,
particularly focusing on the possible effects on light and air on the Gore Creek
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Existing Elevation Proposed Elevation
Existing Sun/
Shade Affect
Proposed Sun/
Shade Affect
promenade. As indicated in this analysis, the effects of this addition are minimal and
will have no substantial additional impacts on the promenade than what exists today.
The proposed variance has no effect on the distribution of population, transportation
and traffic facilities, public facilities and utilities, and public safety.
4.Such other factors and criteria as the commission deems applicable to the proposed
variance.
Applicant Analysis: An analysis of the Major Exterior Alteration, which includes an
extensive review of the Vail Village Master Plan and Urban Design Guide Plan, is
provided in the section following.
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Criteria for Review - Major Exterior Alteration
According to Section 12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS, Vail Town
Code, the following are subject to review
The construction of a new building, the alteration of an existing building which adds or
removes any enclosed floor area, the alteration of an existing building which modifies
exterior rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck shall be
subject to review by the planning and environmental commission (PEC) as follows:
Section 12-7B-7 also provides the criteria for review of a Major Exterior Alteration in the
Commercial Core 1 zone district, as indicated below:
6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the
applicant to prove by a preponderance of the evidence before the planning and
environmental commission that the proposed exterior alteration is in compliance with the
purposes of the CC1 district as specified in section 12-7B-1 of this article; that the
proposal is consistent with applicable elements of the Vail Village master plan, the town
of Vail streetscape master plan, and the Vail comprehensive plan; and that the proposal
does not otherwise negatively alter the character of the neighborhood. Further, that the
proposal substantially complies with the Vail Village urban design guide plan and the
Vail Village design considerations, to include, but not be limited to, the following urban
design considerations: pedestrianization, vehicular penetration, streetscape framework,
street enclosure, street edge, building height, views, service/delivery and sun/shade
analysis; and that the proposal substantially complies with all other elements of the Vail
comprehensive plan.
A review of this criteria listed in this section criteria is broken down and an analysis
provided below:
1.That the proposed exterior alteration is in compliance with the purposes of the CC1
district as specified in section 12-7B-1 of this article;
Applicant Analysis: The purpose of the CCI zone district is:
12-7B-1: PURPOSE:
The commercial core 1 district is intended to provide sites and to maintain the
unique character of the Vail Village commercial area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment. The
commercial core 1 district is intended to ensure adequate light, air, open space,
and other amenities appropriate to the permitted types of buildings and uses. The
zoning regulations in accordance with the Vail Village urban design guide plan
and design considerations prescribe site development standards that are
9
intended to ensure the maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedestrianways and public greenways, and
to ensure continuation of the building scale and architectural qualities that
distinguish the village.
The proposed addition will match the exterior material and architectural character of
the existing building. As one of the older buildings in Vail Village, the unique
character of this building will be preserved, adding interest to the architectural
qualities that distinguish the Village. The proposal is in compliance with the purpose
of the CC1 zone district.
2.That the proposal is consistent with applicable elements of the Vail Village master
plan, the town of Vail streetscape master plan, and the Vail comprehensive plan;
Applicant Analysis: The Vail Village Master Plan provides the following goals,
objectives and policies which are applicable to this proposal:
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING
UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS
SENSE OF COMMUNITY AND IDENTITY.
Objective 1.1: Implement a consistent development review process to reinforce
the character of the Village.
Policy 1.1.1: Development and improvement projects approved in the Village
shall be consistent with the goals, objectives, policies and design
considerations as outlined in the Vail Village Master Plan and Urban Design
Guide Plan.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the
Action Plan and as is consistent with the Vail Village Master Plan and Urban
Design Guide Plan.
Policy 1.2.2: Development and improvement projects shall be coordinated to
minimize the unintended negative consequences associated with construction
activity in a pedestrianized, commercial area. For instance, the noise
abatement, project completion guarantees, temporary parking, traffic control,
etc.
Objective 1.4: Recognize the “historic” importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas and
other similar features shall be taken into consideration in the development
review process.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
10
Policy 1.4.3: Identification of “historic” importance shall not be used as the
sole means of preventing or prohibiting development in Vail Village.
The proposal, as an upgrade of existing residential project, is consistent with these
goals and policies. As a small addition to an existing older property, the historic
architecture will be preserved.
The Gore Creek Plaza Condominiums is located in the Commercial Core 1 Sub-Area
(#3), as identified on the map below:
This sub-area is described as follows:
This pedestrianized area of the Village represents the traditional image of Vail. A
mixture of residential and commercial uses, limited vehicular access, and inter-
connected pedestrian ways are some of the characteristics that distinguish this area
from other portions of the Village. With the exception of embellishing pedestrian
walkways, developing plazas with greenspace, and adding a number of infill
developments, it is a goal of the community to preserve the character of the Village
as it is today.
While no other specific recommendations for the Gore Creek Plaza Condominiums
are provided in the Vail Village Master Plan, it is clearly intended that the goal is
11
largely to preserve the character of the Village. The proposed addition will match
the existing architecture and materials of the building, thereby maintaining the
character of the building.
The proposal is in compliance with all of the applicable sections of Vail’s master
plans.
3.And that the proposal does not otherwise negatively alter the character of the
neighborhood.
Applicant Analysis: An analysis of the character of the neighborhood is provided in
the review criteria for the height variance. As indicated in that section, there is no
negative impact on the character of the neighborhood.
4.Further, that the proposal substantially complies with the Vail Village urban design
guide plan and the Vail Village design considerations, to include, but not be limited
to, the following urban design considerations: pedestrianization, vehicular
penetration, streetscape framework, street enclosure, street edge, building height,
views, service/delivery and sun/shade analysis;
Applicant Analysis: Most of the items listed above do not apply to an application of
this nature. The two items which are applicable are building height and sun/shade
analysis.
Height - the Urban Design Guide Plan indicates that the Village Core is:
...perceived as a mix of two and three story facades, although there are also four
and five story buildings. The mix of building heights gives variety to the street -
which is desirable. The height criteria are intended to encourage height and
massing variety and to discourage uniform building heights across the street.
The proposed height, while in excess of the height limitations, furthers the desire for a
variety of height and massing.
Sun/Shade - The Urban Design Guide plan states that:
All new or expanded buildings should not substantially increase the spring and fall
shadow patter (March 21 through September 23) on adjacent properties or the
public R.O.W. In all building construction, shade shall be considered in massing
and overall height consideration. Notwithstanding, sun/shade considerations are
not intended to restrict building height allowances, but rather to influence the
massing of buildings.
The proposal substantially complies with the Urban Design Guide Plan.
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5.And that the proposal substantially complies with all other elements of the Vail
comprehensive plan.
Applicant Analysis: As indicated in this analysis, the proposal is in compliance with
all applicable sections of Vail’s master planning documents.
13
ADJACENTS
SITZMARK AT VAIL INC
183 GORE CREEK DR
VAIL, CO 81657
CHRIS LACROIX
C/O GARFIELD & HECHT, P.C.
601 EAST HYMAN AVENUE
ASPEN, CO 81611
VILLAGE CENTER ASSOC
124 WILLOW BRIDGE RD
VAIL, CO 81657
TOWN OF VAIL FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
BELL TOWER CONDOMINIUMS
CHARLES R NASH
PO BOX 9878
DENVER, CO 80209
BELL TOWER CONDOMINIUM ASSOCIATION
STEVE MACDONALD
C/O VAIL MANGEMENT COMPANY
PO BOX 6130
AVON, CO 81620
THE LODGE APARTMENT CONDOMINIUM
ASSOCIATION, INC.
JAMES S. BAILEY
1660 LINCOLN ST STE 3175
DENVER, CO 80264
GORE CREEK PLAZA CONDOMINIUM ASSOCIATION
STEPHEN L STAFFORD
PO BOX 2264
EDWARDS, CO 81632
CREEKSIDE COMMERCIAL BUILDING LLC - ETAL
7060 E STONE CANYON DR
TUCSON, AZ 85750-1386
VANDE GARDE FAMILY TRUST, LARRY DUANE
& LINDA KAY VANDE GARDE TRUSTEES - ETAL
3461 SW MACVICAR AVE
TOPEKA, KS 66611-1839
14
SWITZER FAMILY LP
12970 E CAPE HORN DR
TUCSON, AZ 85749
POTTER, JOHN
PO BOX 500
MERMAID BEACH QLD 4218
AUSTRALIA
TODDERUD FAMILY LIMITED PARTNERSHIP
11405 FOREST KNOLL CIR
FISHERS, IN 46037
CREEKSIDE COMMERCIAL BUILDING LLC
LINDA R. MALABY
363 FAAS RANCH ROAD,
NEWCASTLE, CO 81647
LODGE APT CONDO ASSOC.
CHARLEY VIOLA
174 EAST GORE CREEK DRIVE
VAIL, CO 81657
LODGE PROPERTIES, INC.
174 E. GORE CREEK DR.
VAIL, CO, 81657
LODGE PROPERTIES INC
FIXED ASSETS DEPT
390 INTERLOCKEN CRESCENT STE 1000
BROOMFIELD, CO 80021
GORE CREEK PLAZA LLC
7060 E STONE CANYON DR
TUCSON , AZ 85750
15
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THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in aCcordance with section 12-3-6, Vail Town
, Code, on November 26, 2012, at 1 :00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for the review of a variance from Section 12-7B-12, Height, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of
an addition in excess of the prescribed building height: and a request for the r.eview of an
exterior alteration or modification pursuant to Section 12-7B-7, Exterior Alterations and
Modifications, Vail Town Code, to the allow for the construction of an addition, located at
193 Gore Creek Drive (Gore Creek Plaza Building)/Lot A, Block 5B, Vail Village Filing 1,
and settin9 forth details in regard thereto. (PEC120042, PEC 120043)
Applicant: Rodney and Elizabeth Slifer, represented by Mauriello Planning Group
Planner: Bill Gibson
A report to the Planning and Environmental Commission of an administrative action
approving a request for an amendment to an existing conditional use permit, pursuant to
Sections 12-9C-3, Conditional Uses, and 12-16-10, Amendment Procedures, Vail Town
Code, to allow for changes to the approved plans for the new east restroom building at
the Gerald R. Ford Amphitheater, located at 540 South Frontage Road East (Ford
Park)/Unplatted, and setting forth details in regard thereto (PEC 120044).
Applicant: Vail Valley Foundation , represented by Hunn Consulting Group
Planner: Bill Gibson
A request for a recommendation to the Vail Town Council for amendments to the Ford
Park Management Plan, to allow for the inclusion of a helipad for emergency and/or
community use at Ford Park located at 530, 540 , and 580 South Frontage Road
EasUUnplaUed, and setting forth details in regard thereto . (PEC 120045)
Applicant: Town of Vail , represented by Triumph Development
Planner: Warren Campbell
A request for the review of amendments to a conditional use permit, pursuant to Section
12-16-10, Amendment Procedures, Vail Town Code, to allow for the construction of a
helipad for emergency and/or community use at Ford Park located at 530, 540, and 580
South Frontage Road East/Unplatted, and setting forth details in regard thereto.
(PEC 120046)
Applicant: Town of Vail, represented by Triumph Development
Planner: Warren Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road . The public is invited to attend site visits . Please call 970-479-2138 for
additional information .
Sign is available upon with
call 970-479-2356, Telephone for the Impaired, for information.
Published November 9, 2012, in Vail Daily.
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Bell Tower Condominiums
Charles R Nash
PO Box 9878
Denver, CO 80209
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