HomeMy WebLinkAboutPEC060043Ptanning and Environmental comm ,*!; /2/k'b
ACTION FORM
Departrnent of Community Developrnent
75 South Frontage Road, Vail, Colorado 81657
teli 970.+79.2135 fax: 970.479.245D
web: www.vailgov.com
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CO{ih $lllY EllELOPllErtr
ProjectName: EDELWEISS
Project Descriptlon:
SETBACK ENCROACHMENTS FOR NEW FRONT ENTRY AND REAR DECI(BALCONIES
Participants:
OWNER KERNS, LEONARD R., JR FAMILYO6/12/2006
KERNS, RITA J. TRUSTEE
990 N LAKE SHORE DR ATT 12C
CHICAGO
IL 60611
APPUCANT |ARRY DECKARD, ARCHITECT 0611212006 Phone: 970-569-3102
PO BOX 725
AVON
co 81620
License: C000001796
ARCHITECT LARRY DECIGRD, ARCHITECT 0611212006 Phone: 970-569-3102
PO BOX 725
AVON
co 81620
License: C000001796
Project Address: 103 WILLOW PL VAIL Location: EDELWEISS CONDOS
Legal Description: Lot: 4 Block: Subdivision: EDELWEISS COND.
ParcelNumber: 2101-082-1500-1
Comments:
BOARD/STAFF ACTION
PEC Number: PEC060043
Motion By:
Second By:
Vote:
Conditions:
K]ESBO
JEWTTT
7-O
Action: APPROVED
Date of Approvalz O7 | L0l2O06
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of T
Vail staff and/or the appropriate review committee(s).
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
approval,
Cond: CON0008252
This approval shall be contingent upon the applicant receiving Town of Vail '
of the design review application associated with this variance request.
:
Planner: Bill Gibson PEC Fee Paid: $500.00
f
,
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
July 10, 2006
A request for a final review of a variance, from Sections 12-6H-6, Setbacks, and
12-14-17 , Setback f rom Water Course, Vail Town Code, pursuant to Chapter 1 2-
17, Variances, to allow for a new front entry and deck addition within the
setbacks, located at 103 Willow Place/Lot 4, Block 6, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC06-0043)
Applicant: Edelweiss Condominium Assoc., represented by Larry DeckardPlanner: Bill Gibson
SUMMARY
The applicant, Edelweiss Condominium Association, represented by Lany Deckard, is
requesting a variance, from Sections 12-6H-6, Setbacks, and 12-14-17, Setback from
Water Course, Vail Town Code, pursuant to Chapter 12-17, Yariances, to allow for a
new front entry and deck addition within the setbacks, located at 103 Willow Placeilot 4,
Block 6, Vail Village Filing 1, and setting forth details in regard thereto.
Based upon Staff's review of the criteria in Section VIll of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends approval, with a condition, of the variance request subject to the findings
and condition noted in Section lX of this memorandum.
DESCRIPTION OF REOUEST
The Edelweiss Condominium is located within the High Density Multiple-Family (HDMF)
District and is currently legally non-conforming in regard to several of the HDMF
development standards such as setbacks. The applicant is requesting approval of a
front setback variance to allow for the renovalion of the front entry located on the south
elevation of the building. The applicant is also requesting a rear setback variance and
Gore Creek stream setback to allow for the construction of a new deck and two new
French balconies at the rear (i.e. north elevation) of the building.
The front entry renovation will include the enclosure of an existing open-air vestibule,
which complies with the 2O-foot front setback requirement. This proposed vestibule
enclosure is defined as a "common element"; and therefore, does not affect the gross
residential floor area (GRFA) or parking requirements for the Edelweiss. While the
vestibule enclosure complies with the setback requirements, the proposed entry feature
and entry roof both encroach within the front setback. The proposed entry feature will
include three steps and entry doors; however, the entry feature has been design with
open sides and open front windows to minimize its perceived bulk and mass. The
proposed entry roof has the same surface area as the existing legally non-conforming
il1.
entry roof and encroaches no further into the front setback than the existing legally non-
conforming entry roof.
The rear (i.e. north elevation) of the existing legally non-conforming Edelweiss building is
currently located within the 20' rear setback and within the 50' Gore Creek stream
setback. Due to the location of the existing building, the above-grade deck and two
above-grade French balconies proposed by the applicant do not comply with setback
requirements. The proposed deck and balconies have been designed to be match the
existing decks located at the rear of the Edelweiss. The proposed above-grade deck
and balconies will have no impact to wetlands, stream banks, etc.
Related to these setback variance requests, the applicant is proposing significant
changes to the exterior building materials, colors, and details which will be reviewed
further by the Design Review Board at its July 19, 2006, public hearing.
A vicinity map (Attachment A), the applicant's request (Attachment B), photographs
Attachment C), and the proposed architectural plans have all been attached for
reference (Attachment D).
BACKGROUND
The Edelweiss development site was originally platted in 1962 as part of the VailVillage
Filing 1. The development site was included in the original Town of Vail established in
1968. The existing Edeweiss building was originally constructed in 1970, prior to the
1972 adoption of zoning regulations by the Town of Vail. The Edelweiss is currently non-
conforming in regard to several provisions of the Town of Vail zoning regulations.
The design review application associated with this proposal was conceptually reviewed
by the Town of Vail Design Review Board at its June 21, 2006, public hearing. The
Board responded very favorably to the applicant's proposal.
ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the Planning and
Environmental Commission, and then any accompanying design review application will
be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval
with modifications, or denial of a variance application, in accordance with Chapter 'l 2-17,
Variances, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or
tv.
V.
Design Review Board. The Town Council may also call up a decision of the Planning
and Environmental Commission and/or Design Review Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to lhe
review of this proposal:
TITLE 1 2: ZONING REGULATIONS
Article 12-6H: High Density Multiple-Family (HDMF) District (in part)
12-6H-1: PURPOSE:
The high density multiple-family district is intended to provide sites for multiple-
family dwellings at densities to a maximum of twenty five (25) dwelling units per
acre, together with such public and semipublic facilities and lodges, private
recreation facilities and related visitor oriented uses as may appropriately be
located in the same district. The high density multiple-family district is intended to
ensure adequate light, air, open space, and other amenities commensurate with
high density apartment, condominium and lodge uses, and to maintain the
desirable residential and resoft qualities of the district by establishing appropriate
site development standards. Certain nonresidential uses are permitted as
conditional uses, which relate to the nature of Vail as a winter and summer
recreation and vacation community and, where permitted, are intended to blend
harmoniously with the residential character of the district.
12-6H-6: SETBACKS:
The minimum lront setback shall be twenty feet (20'), the minimum side setback
shall be twenty feet (20'), and the minimum rear setback shall be tvventy feet
(20').
Chapter 12-17:Variances (in part)
12-17-1: PURPOSE:
A. Beasons For Seeking Variance: ln order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result'from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficultv or
conditions on the site or in the immediate vicinitv: or from other phvsical
Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
VI. SITE ANALYSISAddress: 103 Willow Place
Legal Description: Lot 4, Block 6, Vail Village Filing 1Zoning: High Density Multiple-Family (HDMF)
Land Use Plan Designation: Village Master Plan
Current Land Use: Multiple-Family Residential
Lot Area: 0.3633 acres (15,825 sq. ft.)
Standard Allowed/Reouired Existino Prooosed
Setbacks:Front: 20 ft. 14 ft. no changeSides 20 ft. 0 ft./ 1 ft. no changeRear: 20 ft. 0 tt. no change
Site Coverage (max): 8,704 sq. ft. (55%) 6,762 sq. tl. (43%ol 6,945 sq. tt. (44%)
Landscaping (min): a,7a8 sq.ft. (30%) 7,272sq.ft. (46%) no change
VII. SURROUNDING LAND USES AND ZONING
Land Use ZoninoNorth: Gore Creek Outdoor Recreation (OR)
South: Willow Park Outdoor Recreation (OR)
East: Multiple-FamilyResidential HighDensityMultiple-Family(HDMF)West: Multiple-FamilyResidential HighDensityMultiple-Family(HDMF)
VIII. CRITERIA AND FINDINGS
The review criteria for a variance requesl are established by Chapter 12-1 7, Variances,
Vail Town Code.
A. Consideration of Factors Reoardino Variances:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
The existing Edelweiss building is non-conforming in regard to several
provisions of the Town's zoning regulations such as setbacks. The
proposed front entry and rear deck/balcony encroachments are no
greater than the exisling conditions. Staff does not believe the proposed
setback variances will have a significant negative affect upon other
existing or polential uses and struclures in the vicinity in comparison lo
existing conditions.
2. The degree to which reliel from the strict and literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity ot treatment among sites in the vicinity
e
or to attain the objectives of this title without a grant of special
privilege.
The Edelweiss was approved by the Town of Vail and constructed prior to
the Town adopting zoning regulation in 1972. The Planning and
Environmental Commission has consistently held that construction of a
slructure prior to the adoption of the current zoning regulations may be a
basis for granting a variance from the Town's current zoning regulations.
The applicant is not proposing lo encroach further into the required front,
rear, or stream setbacks than the existing legally non-conforming building.
In recent years, the Planning and Environmental Commission has granted
similar setback variances for legally non-conforming properties within the
High Density Multiple-Family District such as the adjacent Riva Ridge
North and Riva Ridge South. Other similarly non-conforming properties
such as the Lodge Tower and Mountain Haus have also been granted
similar setback variances in other zone districts.
Staff believes this proposal will provide the minimum relief from the strict
and literal interpretation and enforcement of the setback regulations
necessary to achieve compatibility and uniformity among sites in the
vicinity and within the High Density Multiple-Family District. Additionally,
Staff does not believe this proposal will constitute a grant of special
privilege.
The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public lacilities and
utilities, and public safety.
Since the proposed setback encroachmenls are no greater than the
existing legally non-conforming encroachments; Staff does not believe
this proposal will have a significant impact on the public health, safety or
welfare, public facilities, utilities, or light and air in comparison to existing
conditions of the site.
Such other factors and criteria as the commission deems applicable
to the proposed variance.
The Edelweiss is located within the "Periphery/Surrounding Area" of the
Vail Village Master Plan. While the Edelweiss is not subject to the
architectural standards of the Urban Design Guide Plan for the Vail
Village, Staff believes the proposed Edelweiss renovations are in keeping
with the intent and purpose of these guidelines.
The Edelweiss is located within the Willow Circle Sub-Area #2 of the Vail
Village Master Plan. While there are no specific plan recommendations
associated with the Edelweiss, Staff believes lhe proposed renovation of
the Edelweiss is consistent with the overall goals of the master plan.
Specifically, Staff believes the proposed renovations further the goals of
4.
B.
encouraging the upgrading of residential properties and improving the
pedestrian experience within the village.
The design review application associated with this proposal was
conceptually reviewed by the Town of Vail Design Review Board at its
June 21, 2005, public hearing. The Board responded very favorably
toward the applicant's proposal.
before orantino a variance:
1. That the granting of the variance will not conslitule a granl of special
privilege inconsistent with the limitations on other properties classified in
the same district.
That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical ditficulty or unnecessary
physical hardship inconsistent with the objectives of this title.b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
STAFF RECOMMENDATION
The Community Developmenl Department recommends approval, with a condition, of
a variance, from Sections 12-6H-6, Setbacks, and 12-14-17, Setback from Water
Course, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new front
entry and deck addition within the setbacks, located at 103 Willow Place/Lot 4, Block 6,
Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is
based upon the review of the criteria in Section Vlll of this memorandum and the
evidence and testimony presenled.
Should the Planning and Environmental Commission choose to approve this variance
requesl, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves, with a condition, the
applicant's request for a variance from Sections 12-6H-6, Setbacks, and 12-14-
17, Setback from Water Course, Vail Town Code, pursuant to Chapter 12-17,
Variances, to allow for a new front entry and deck addition within the setbacks,
located at 103 Willow Place/Lot 4, Block 6, Vail Village Filing 1, and setting forth
details in regard thereto, subject to the following condition:
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1. This approval shall be contingent upon the applicant receiving Town of
Vail approval of the design review application associated with this
variance request."
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
"The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the High Density. Multiple-Family(HDMF)District.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the High Density Multiple-Family (HDMF) District.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the High Density Multiple-Family (HDMF) District."
ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Photographs
D. Architectural Plans
E. Public Hearing Notice
Attachment:
Attachment: B
I-arroA.DedsrdALA.
P.OBo(725
ArarrCdcra& 8l@
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Far(lID)56F3lG
June 12,2006
To: Torvn of Vail Planning and Environmenbl Commission
Deparfnent of Community De\relopment
75 Soutr Frontage Rd.
Vail, CO 81657
(97O) 479-2139
Dear Sirs:
This letter is to describe the nature of the variance request br the Edelweiss condominium
building at 103 Willow Place in Vail. The EdeMeiss homecnivners want to do a remodel of he exterior of
their existing building. This remodel will include new deck rails, new sfucco colors, new window casings
and shutbrs and reconfiguring of the fiont entry and enEy vesiibule space.
The existing enfy structure roof encroaches on the ftont 20 bot building setback by about six
feet The proposed new entry structrre will have he same roof area and fre same encroachment. The
new enfy way will remedy existing head height problems (66" head dearance) and provide a more
gracious entry statement The new entry design is of he same Tyrolean character as he new deck
rails and building omamentatbn.
The existing roof and the new roof configuration provide f,cr a covering over the steps ftat are
neoessary ficr enfy into he building. There is no change b site coverage or building setbacks with the
new loof configumtion.
Riverhouse condominiums to the rrest of the Edelweiss did an exterior remodel in 1999. This
building added a neu/ enty area and covering at the friont as part of heir remodel.
This variance altows the Edelweiss Condominiums the ability tc impove he look of he
existing building with no new enqoachments.
Thank you ficr your attentnn in he reviewing of the Edehreiss request br a variance.
Please let me knovv if additional inbrmation is needed.
Attachment: C
Aftachment: DutIm
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Attachment: E
THIS ITEM MAY AFFECT 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 seclion 12-3-6, Vail Town
Code, on July 10, 2006, at 2:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat, Vail Town Code, to allow for the combination of Lot 1 and Tract A of the
Cliffside Subdivision into a single lol, located at 1452 Buffehr Creek Road/ Lot 1 and
Tract A, Cliffside Subdivision, and setting forth details in regard thereto. (PEC06-0042)
Applicant: Mike YoungPlanner: Warren Campbell
A request for a final review of a variance, from Sections 12-6H-6, Setbacks, and 12-14-
17, Setback f rom Water Course, Vail Town Code, pursuant to Chapter 1 2-1 7, Variances,
to allow for a new front entry and deck addition within thessetbacks, located at 103 ) 1*..rr+.
Willow PlacelLol 4, Block 6, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC06-0043)
Applicant: Edelweiss Condominium Association, represented by Larry DeckardPlanner: Bill Gibson
A request for a final review of a variance, from Section 12-6C-6, Setbacks, Vail Town
Code, pursuant to chapter 12-17, Variances, lo allow for a bedroom addition within the
front and side setbacks, located at 4269 Nugget Lane/Lot 3, Bighorn Estates
Townhouses, and setting forth details in regard thereto. (PEC06-0044)
Applicant: Nugget Lane Partners, LLC, represented by Morter ArchitectsPlanner: Elisabeth Reed
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for text amendments to Anicle 12-74, Public
Accommodations District, Vail Town Code, to allow for banks and financial instilutions as
a conditional use within the Public Accommodations District, and setting forth details in
regard thereto. (PEC06-0047)
Applicant: Town of VailPlanner: Rachel Friede
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 project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 97 0 - 47 9-21 38 f or additional inf ormation.
Sign language interpretation is available upon request, wilh 24-hour notjlication. Please
call970-479-2356, Telephone for the Hearing lmpaired, for information.
Published June 23, 2006, in lhe Vail Daily.
Application for Review by the
Planning and Environmental Commission
Department of Coanmunity Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Goneral Informatlon:
All projects requiring Planning and Environmental Commission review must receive apprcval prior to submitting a
building permit application. Ple6e r€fer to the submittal requirements for the particular apprcval that is requesled.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also ne€d to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
. Rezoning $1300 . Co. Malor Subdivision $1500 . Fl. Minor Subdivision $650 . Min. Exemption Plat $650 Maj. Minor Amendment to an SOD $1000 . D. New Special Development District $6000 . Am. ttlajor Arnendnent to an SDD $6000. Major Amendment to an SDD $1250
(no exteior modificafions) SS
Descriptionof theRequest: FlbpT
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NEN D1CE a^l Noe7-1l,pta| oFOuebTP nLtdF EtrttT'r't6 E&Prel.o
Location of the Proposal: Lot: tf Block: ib SuFdlivisioni VDlv Vt Lc-f-K,- Ftz,sr Fr?.G
Physical Address:-itolo -.,,^ VParcel No.:lf ?l?bAt50z?
-
(Contact Eagle
zonins: Hlil+ fuPprfy nuuf t Faatuy e A
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ilame(s)ofowner(s): DOUb n6,'t,f, C" 'ooer4-Stdl^tT I ,l
MaifingAddress: ' .)tu-oJ nO..AOE VbtL d'O. 01697 Vl
Owner(s) Signature(s):
Mailing Address:
E-mail Address:tlr"t
Name of Applicant:
€Jc&ae.S)
Paee I of 604/01/04
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TOWNOFVAIL, COI,ORADO Statemeot**+{'*t'**++l*t*a*++***+i{rl+**t*f+++*raa*tl'*+**f+a*tt*f++*a++*t+*{'l'*'t+t+++*af,f{****+ta**rr*++*
Statenent liturnber ! R0G0000282 Arnount,: $500.00 06/L2/200601 330 pM
Payment Method: Check
colfDo Assoc.
Inlt: iIS
NotatLon: 4507/EDELWEISS
Permit No:
Parcel No:
Site Address:
IJocation:
This Palment.:
PECO60043
2101-082-1500-1
10 3 WTIJIJOW PIJ VAII'
EDELVIEISS COI{DOS
$s00.00
Type: PEC - Variance
Total Feeg:
ToTaI AJ,L Pmts:
Balance:
$soo. oo
$s00.00
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ACCOI.JNT ITEM LIST:
Account Code DeEcript,ion eurrent PmtE
PV 00100003112500 PEC APPIJIEATION FEES 500.00