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HomeMy WebLinkAboutPEC120042Project Name:SLIFER HEIGHT VARIANCE PEC Number: PEC120042 Project Description: HEIGHT VARIANCE 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. Planner:Bill Gibson PEC Fee Paid: $500.00 TOWN OF VAIL, COLORADO Statement Statement Number: R120001729 Amount: $500.00 10/23/201202:21 PM Payment Method:Credit Crd Init: CG Notation: visa Allison Kent `S p _ pU ------------------------------------------------ Permit No: PEC120042 Type: PEC - Variance Parcel No: 2101-082-1301-4 Site Address: 193 GORE CREEK DR VAIL Location: GORE CREEK PLAZA PENTHOUSE Total Fees: $500.00 This Payment: $500.00 Total ALL Pmts: $500.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code PV 00100003112500 Description Current Pmts PEC APPLICATION FEES 500.00 TOWN OF UAIL GOM DEU 15 S FRQNIRGE R6. UAIL, CO 81657 970-479-2324 TERMIMRL I.D. 2002 I RCHANT q; UISA t i 7146 MpIL ORDER BATCH; 900588 AUTH:03646G OCT 23 12 13:14 TOTAL 0- CUSTOFIER COPV 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 6 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 7 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. 8 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. 12 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 TUWNOF~ 'l'~ (i-l ! ,..tID i i 11)'6 /1.)­ U~,· 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. .} ~~:;:':i " .(. "! I:!=-"""'~ ~~~~:~":1~/ ,11''''i~~ :.~t,.:(:j:;;: ~~\Xj r~:.; 7J }S,j,:;.-.-Y·'J-,( ',>j'~ (~>;.""'.~ J~~ 'i ..-; :;,: ': ~; ';i.~~;,t.. ~:. ,-:', .;l;i;~: f ~. Town of Vail '~~~h :~~~r': :;75 S. Frontage Rd. ..:~ .::~.t;Z~i,r.;!. ..: ~{:~F."'~; ~·;.i.(~·\;·' ~·!~_~.·'.:J·t~.. ;~::.' ~{~.:;~~~. .;.', ~,'.. .'~' 1:1.-"'-" '~1I'r"'1-'1 ~ Vail, CO 81657 ~! ~.\!;.'<--..."".~",...~" . 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