HomeMy WebLinkAboutPEC070002Planning and Environmenhf Commiss{tn
AC'fIO!{ FORM
Department of C.ommunity Development
75 South Frontage Road. Vall, Colorado 81657
tel:970.473.2139 fal:970.479.2452
web: www.nai lgw.com
Protect Name: HASSErT RESIDENCE
Proiect Descripdon:
Parddpants:
PEC Number: PEC070002
trNAL APPROVAL OF A FROT.IT SETBACI( VARIANCE FOR GARAGE AND ENTRY RooF
ENCROACHMENTS
owNER HASSETT, NANCY OLIL'IZOOT
PO BOX 68
MINruRN
co 81645
APPUCAT.IT MIMMONTI ARCHMCT PC
PO BOX 5820
AVON
@ 81520
License: C000001930
ARCHMCT MIRAMOIfN ARCHITECT rc
0LlL6l2OO7 Phoner 970-949-1138
OLI L6l20O7 Phone: 970-949-1138
PO BOX 5820
AVON
@ 81620
Liense: qD0001930
Protect Addr€si: 1895 GORE CREEK DR VAIL Location: 1895 W. GORE CREEK DRIVE
legnl Descrlpdon: lot! 26 Blodc SubdlvlCon: VAIL VILIAGE WEST RL 2
Parcel l{unber: 2103-123t602-5
Cotnm€nts:
BOARD/STAFF ACTIOI{
Motion By:
Second By:
Vote:
Condltlons:
KIESBO
JEWITT
6-0
Action: APPROVED
Date of Apprwalz 0212612A07
Cond: 8
(PLAN): No changes to these plans may be made without the writren consent of Totryn of
Vail staff and/or the appropriate rerrlew committee(s).
Cond: 300
PEC approral shall not be not beome valid for 20 days following the date of
approval.
Cond: 113
All dwelopment applica0ons submi$ed to the Town after the effective date of
Ordinance 25, Series 2006 shall be subject b the pending employee housing
regulations in whabver form they are finally adopted; provlded, howwer, that if
the Tor rn fails to adopt the pending employee housing regulations by April 15,2007'
this Ordifiance shall not apply to such danelopment applications.
Condr CON0008725
This approrral shall be @ntingent upon the applicant obbining Deslgn Rev'tew Board
apprwat of the design rwlov application assochted willr thls variane request.
Planner: Bill Gibson PEC Fee Paid: $500.00
It
Variance Application for Review by the
Planning and Environmental Commission
Department of Community Development
75 South Fronhge Road, Vail, C-olondo 81657
tel 97 0.479.2t28 f axi 97 0.479'2452
web: www'vailgov.com
General Information:
All projects requiring planning and Environmental Commission re\riew must receive approval prior to submitting a
building permit apptication, Ftease refer to tne submittal requiremenG for.the particular appro/al tiat is requested'
An.ppi&tion foi'planning anJ Enui.nrental Commission review cannot be accepted until all required information - i
is reeived by the Community Development Department. fne project may also rieeO to Ue reviewed by the Tovrrn -f I
Council and/or the De$gn Review Board. av
TypeofApplica$onandFee: t D
tr Rezoning $1300 O Conditional Use Permit $650
tr Major subdMsion $1500 tr Floodplain Modification $400 I
tr Minor SubdMsion $550 C ttlinoi e"te'ior Alteration $650
tr Exemption ptat *OSO tr Major Exterior-Alteration $800 L,
tr MinorAmendmenttoansDD irooo tr DevelopmentPlan $1500
tr New Speciat Oevetopmenibistrict $OOOO tr Amendment to a Development Plan t?Ig-
tr Major Amendment to .n ioo $sooO .! loning Code Amendment $1300 \,tr MajorAmenot"nttouni56 iitao { ylntte $s00
/noexbriormdifrcationd d SignVariance $200 nftoarcnorndifiationsl 'd Signvariance $200 n
Descriptionof theRequese Vtcrr$z-e e-e- a <iO'txrlcrrqt. l tA*o **e, Z,.to'V/
2+ ^'.,^.)- 4 e.r*a.r OoU-*.
l6
Location of the Proposall Lob 4--Block:-
Physical Address:
Parcel No.:
zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signabre(s):
Name of APPlicant:
Phone: 41O
6tt4
M t gar.l aH+rAELc.}+ t* e'a* e: a-ar'r c-os*' $ €+
oo
I.)zto?.121 , OQoz.4 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no')
Mailing Address:zo
il?
F:\cdev\FORMS\P€rmib\Planning\PECvariance.doc Page 1 of 6
MEMORANDUM flu*'"'1j'
n*
TO: Planning and Environmental Commission
FROM: Community Developmenf Department
DATE: February 26,2007
SUBJECT: A request for a final review of a variance, from Seclion 12-6D-6, Setbacks, Vail
Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single
family residence within the front setback, located at 1895 West Gore Creek
Drive/Lot 26, Vail Village West Filing 2, and setting forth details in regard thereto.
(PEC07-0002)
Applicant: Nancy Hassett, represented by Miramonti Architects
Planner: BillGibson
SUMMARY
The applicanl, Nancy Hassett, represented by Miramonti Architects, is- requesting _a
variance from Section 12-6D-6, Setbacks, VailTown Code, pursuant to Chapter 12-17'
Variances, Vail Town Code, lo allow for the construction of a garage wilhin the front
setback, located at 1895 Gore Creek Drive/Lot 26, Vail Village West Filing 2.
Based upon Staff's review of the criteria in Section Vlll of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends approval, with conditions, subject to the findings noted in Sections Vlll of
this memorandum.
DESCRIPTION OF REQUEST
The applicant, Nancy Hasselt, represented by Miramonti Architecls, is proposing to
construit a new 3,652 sq. ft. (GRFA) single-family residence at 1895 Wesl Gore Creek
Drive. At its October 10, 2005, public hearing the Planning and Environmental
Commission approved a variance to allow the applicant to construct a new single family
residence with 210 sq. ft. of a two-car garage located 12 feet into the 20 foot front
setback. The applicant did not construcl that proposed residence.
Since that 2005 public hearing, the applicant has redesigned the proposed residence
and is re-applying for a new front setback variance. The applicant is currently proposing
105 sq. ft. oi garage (instead of 2'1 0 sq. ft.) located 5 feet (instead of 12 feel) into-the 20
foot frdnt selback. The applicant is also requesting a front setback variance for 49 sq. ft.
of entry roof overhang that encroaches 3 /e feet into the 16 fool roof setback.
The subject property is located within the Two-Family Primary/Secondqry Zone District
and is ldgally non-cbnforming in regard to lot size. This lot is only 9,984 sq. ft.. in size
(minimum lot size in this zone district is 15,000 sq.ft.). Gore Creek cross the rear
(north) portion of this lot. The Gore Creek floodplain, the Gore Creek 50 foot setback
and two 20 foot wide easUwest utility easements extend across the entire width of the lot
and a 10 foot north/south drainage easemenl extends the lenglh of the west edge of the
ilt.
DroDertv. The floodplain alone occupies 36% (3,570 sq. ft') of this lot and the various
E"ilr6nrc occupy dnother 37% (3,698 sq. ft.). These factors yield the rear half of this
lot un-buildable.
As a resuft of these site constraints, the applicant is requesting a variance to locate
appioximatety 105 sq. ft. of a two-car garag€ and 49 sq. ft' ol a front entry roof overhang
*-nhin tn" m|i'rimum iront setback areas. The applicant is not proposing to locate any
gross resiaential floor area (GRFA) within the fronl selback in association with this
request.
A vicinity map (Attachment A), the applicant's.reques! (Attachments B)' the proposed
architeciural itans lRttacnment C), and the Public Notice (Attachment D) are attached
lor reference.
BACKGROUND
Vail Village West 2d Filing, includinO Lot 2,6,y1s annexed into the Town of Vail through
oassaoe'ot Ordinance trto. tA in August of 1986. At that time it was zoned Two-Family
Frtr"i/Se"ondary Residential, which allows lor single-family or two-family dwellings
anO tn'e possibility of a Type I Employee Housing Unit' No structure has yel been
.onrfir.tbO upon this sit6. However, plans were propos,ed for new single-lamily
iesidences upbn this lot three times previously: in 1984, 1987 and 1997. A Planning
and gnvironrirental Commission approval of a 6.5 foot setback variance request was
ipproveO in conjunction with the 1984 proposal. For reasons not documented in Town
tiies, none of the proposals were ever conslructed.
At its October 10,2005, public hearing the Planning and Environmental Commission
afproved a variance to ailow the applicanl to_ conslruct a new single family residence
vfii,n a portion of the garage located_within. the front setback. The applicant did nol
consfuh that proposed reiidence. Since that 2005 public hearing, the applicant has
""rptet"ty
redbsijned the proposed residence, reduced the setback encroachmenl, and
is re-applying for a new front setback variance.
IV. APPLICABLE PLANNING DOCUMENTS
Sfaff believes that the following provisions of the Vail Town Code are relevant to the
review of this ProPosal:
TITLE 12: ZONING REGULATIONS
Section 1 2-OD'l : PurPose
The two-family primary/secondary residential district is intended to provide sites for
single-family rediaentidt uses or two-family residentialuses ln which one unit is a larger
pri-mary ,eiidence and the second unit is a smaller caretaker apartment, together with
'such ]ubtic facilities as may appropriately be located in the same district. The twolamily
primiry/secondary resideitial district is intended to ensure adequate light, air, privacy
'and ipen space for each dwetting, commensurate with single-family and twoJamily
occupancy, and to maintain the desirable residential qualities of such sites by
establishing aryropriate site development standards'
Secti on I 2-6D-6 : Selbacks
ln the primary/senndary residentiat district, the minimum front se//bacl< shall be twenty
feet (20'), the minimum side setback shall be tifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15').
Chapter 12-17: Variances (ln part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: tn oirder to prevent or to lessen such practical
difficutties and unnecesiary physical hardships inconsistent with the obiectives of this
titte as would resuft trom dtriA or titerat interpretation and enforcement, variances from
certain regulations may be granted. A practical difficulty or unn&essary physical
hardship hay result fr6m the- size, shape, or dimensions of a site or the location of
existinj struitures thereon; from topographic or physical conditions on the site or in the
immediate vicinity; or from other physical limitations, street locations or conditions in the
immediate viciniiy. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance-
V. SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Current Land Use:
Lot Size:
Standard
Setbacks (min):
Front:
Sides
Rear:
1895 Gore Greek Drive
Lot 26, Vail Village West 2no Filing
Two-Family Primary/Secondary
Medium Density Residential
Undeveloped
9,984 sq. ft. (0.2292 acres)
Allowed/Reouired 2005 PEC Aooroval Proposed
20 ft.
15 fr.
15 ft.
Density (max): 1 dwelling unit 1 dwelling unit
GRFA (max): 4,592 sq. ft. 3,725 sq. ft.
Site coverage (max.): 1,997sq. ft. (20%) 1,819 sq. ft.
Landscape Area (min.): 5,990 sq. ft.(60%) 7,666 sq. ft-
Parking (min.): 3 3 (2 enclosed)
VI. SURROUNDING LAND USES AND ZONING
8ft.
15 ft.
66 ft.
Zonino
Residential Cluster
Two-Family Primary/Secondary
Two-Family Primary/Secondary
Two-Family Primary/Secondary
15 ft.
15 ft.
67 ft.
1 dwelling unit
3,652 sq. ft.
1,992 sq. ft. (2O/"')
7,527 sq.ft. Vsn
3 (2 enclosed)
North:
South:
East:
West:
Land Use
Residential
Residential
Residential
Residential
CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
A.Consideration of Factors Reqardino Variances:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Front Setback Variance
The width and location of the ERWSD easement renders approximately
15% of the lot unusable. As was mentioned in the background section,
the Planning and Environmental commission approved a 6.5 foot setback
variance foi a proposed structure upon this Lot in 1984. Other existing
uses and slructures in the vicinity have not requested or been granted
variances due specifically to the easement because the easemenl
intersecls the surrounding lots at angles that allow for more development
upon those lots. However, the small lot sizes within this subdivision have
piompted other homeowners to request variances from the setback
iegutitions. Staff believes that the proposed front setback variance is
neiessary due to the existing site conslraints and will not be delrimental
to the existing or potential uses and structures in the vicinity.
2. The degree to which reliel from the strict and literal interpretation
and enfbrcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or t; attain the obiectives of this title without a grant of special
privilege.
staff believes that relief from the strict and literal inlerpretation and
enforcemenl of lhe front setback regulalions would grant this homeowner
some amount of flexibility in constructing a residence upon this lot. This
relief is necessary to achieve compatibility among sites in the vicinity
through the construclion of a well-designed residence on a previously
empty site oft-used for construction materials. Staff does not view the
approval of this request as grant of special privilege'
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facililies, public lacilities and
utilities, and Public safetY'
Slaff believes that the requesled front setback variance will not have a
negative effect on light and air, dislribution of population, transportalion
and traffic utilities, public facilities and utilities, or public safety.
Furthermore, Staff believes that the requested variance will have a
positive effect by continuing quality (re)development wilhin the Vail
Village West 2nd Filing. Addilionally, Statf believes that the applicant
should make every effort to mitigate the effect of a slructure built within
lhe front setback through increased landscaping.
4. Such other factors and criteria as the commission deems applicable
to the proPosed variance.
At its October 10, 2005, public hearing the Planning and Environmental
Commission approved a variance to allow the applicant to construct a
new single family residence with a portion of the garage located within the
front seiback. ihe applicant did nol construct that proposed residence'
Since that 2005 public hearing, the applicant has completely redesigned
the proposed residence, reduced the setback encroachment, and is re-
applying for a new front setback variance.
B.
before orantino a variance:
1. That the granting of the variance will not constitute a grant.of special
privilege inconsislent with the limitations on olher properties classified in
the same district.
2. That the granting of the variance will not be detrimental to the public
health, sifety 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 enforcemenl of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply
generally to other properties in the same zone.
c. Tne striit interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
VIII. STAFFRECOMMENDANON
The Community Development Department re@mmends approval, with conditions, of
a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow for a new single
family residence within the front setback, located at 1895 Gore Creek Drive/Lot 26, Vail
Villa{e West Filing 2, and setting forth details in regard thereto- This recommendation is
basid upon the -review of the criteria in Section Vll of this memorandum and the
evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
requesl, the Community Development Department recommends the Commission pass
the following motion:
"The Ptanning and Environmental Commission approves the app-ticant's request
for a varianCe from Section 12-6D-6, Setback, pursuant to Chapter 12- 17,
Variances, Vail Town Code, to allow for a new single family residence within the
front setback, Iocated at 1895 Gore Creek Drive/Lot 26, VailVillage West Filing
2, and setting forth detaits in regard thereto, subject to the following conditions:
l. This approval shall be contingent upon the applicant obtaining Design
Review Board approval of the design review application associated
uith this variance request.'
Should the Planning and Environmental Commission choose to approve this variance
requesl, 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 o! spectel priuilege
inconsiitent with the limitations on other properties classified in the Two-Family
P ri m ary/ Seco ndary D i strict.
2. The granting of this variance will not be detrimental to the public heafth, safety,
or welfire, 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 ertraordinary circumstanes or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the same 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 same district."
IX. ATTACHMENTS
A. VicinitY MaP
B. Applicant's Request
C. Architectural Plans
D. Public Hearing Notice
Attachment A
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Date:
To:
From:
Febtuary6,2O07
Town of Vail
Gerry Meremonte, AIA
Subiect Hassett Residence
Written deecription of the nature of the variance requected:
The variance requested consists of a 114 square foot (d mcroacftment) two-car garage and a
75 quare foot (.Y encroadrmenQ entry portico encroadring into the front setback-
Written etatements:
a.) The relationship of the requested variance to other existing or potential uses and
structures in the vicinify.
Many of the lots on Ore northern side of West Gore Creeft Drive are bisected \r a sewer
easemmt. This easement greatly reduces the buildable area of the lots, and necessitates any
buildings be moved forward on the lots toward the street. As a result, many of the o<isting
garages are located within the front building setback. Most of the residential drives along
West Gore Creek Drive are orierrtated perpmdicular to the street and off street parking is
located in the right of way.
b.) The degree to which relief frour the strict or literal interpretation and eniforcement of
a specified regulation is necessar5r to achieve compatibility and unifondty of txeatment
among sites in the vicinity or to attain the objectives of this title without grant of a
special privilege.
The area endosed by the setbacks on the sides and front, and the sewer easement on the
back is 1,918.5 S.F.. This is 78.3 S.F. less than the 1,96.8 S.F. allowed 2Mo site coverage by
the building. Therefore, the combination of setbacks and utility easemmts make it
impossible for the Owner to benefit from the maximum site coverage as allowed by Town
of Vail Zoning Code.
c.) The efftct of Ore variance qr light and ai+ dietribudon of populatioq transportation,
traffic" facilifiee, utilitiee, and public eafety.
Ttrere are no nggdine aftacts ecqlected in any of these areas.
d.) How t|re requet ompliee with adopted Town of Vail ptanning policies and
developmmt obi ertives.
The angled drive aocess with hrrn around allows for safer street access.
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Attachment D
THIS ITEM MAY AFFECTYOUR PROPERW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on February 12, 2007, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of an amended final plat, pursuant to Chaptel 12-12'
Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to
shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at tE52 and
4856 Meadbw Lane, and setting forth details in regard thereto. (PEC07-0001)
Applicant Meadowlark Development Partners, LLC, represented by Greg Amsden
Planner: Wanen Campbell
A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17,Yanances, to allow for a new single family residence
within the front and side setbacks, located at 1895 West Gore Creek Drive/Lot 26, Block
2, VailVillage West Filing 2, and setting forth details in regard th"t"Jg. (PEC07-0002)
Applicant Nancy Hassett, represented by MiramontiArchitect PC
Plannbr: BillGibson
A request for a final review of an appeal of an administrative action, pursuant to Section
12-3-'38, Appeal of Administrative Actions, Vail Town Code, appealing a determination
made by ine Zoning Administrator that for zoning purposes Condominium Unit E'
CoveredBridge Building shall be considered the "first floor or street level" of the building'
located at2Zi Bnage StreeUlot C and D, and the southwesterly four feet of Lot B' Block
5-B, Vail Village First Filing, and setting forth details in regard thereto.
Appellant Covered Bridge, Inc., represented by Carson, Carson and Dunkelman'
LLC
Planner: George Ruther
The applications and information about the proposals are available for public inspe_ction
Ouring bffice hours at the Town of Vail Community Development Department, 75 South
Frontlge Road. The public is invited to attend project orientation and the site visits that
preced-e the public hdaring in the Town of Vail Community Development Department.
Please call 97&479-2138 for additional information.
Sign language interpretration is available upon request, with 24-hour.notification. Please
cait gZO<Zg-2356, Telephone forthe Hearing lmpaired, for information.
Published January 26, 2007, in the Vail Daily.
.$,
Page 1
MIRAMONTI ARCHITECT PC
POST OFFTCE SOX 5820
AYO N COLORADO 8I620
T970 9.f t I tl8 F970 919 0l l7
1895 Gore Creek Driw
Adjacent Property Orvners
1885 Gore Creel Drive
Nicholas W. Emigholz
13329 SE 195h Sbeet
Renton, WA 98058-7769
1905 C,orc Creek Drive
.leanne T. Popoyit
1432 E. Purdue Ave.
Phoenix, AZ 85020-2244
19O5 Core Creek Drive
Andrew Cotton
1903 Holly Hilb Ddve
Austin, TX 78746
1906 Gorc Creek Drine
Andreas A & Shari L. Boesel
P.O. 8ox 595
Vail; CO 81658
1886 Gore Creek Drive
Christopher & Donna Bartlett
100 Marland Rd. S
Colorado Springs, CO 80906
1896 Gore Cteek Drive
Professional Financial Service lnc.
P.O. Box 625
Citrus He'rght, CA 95611-0625
IlIRAMONTI ARCHITECT PC
POST Of FtCE 8()X 5r2o
AVO N COLOTAOO 8t 620
fr70 ,19 | | 38 F970 91' Ot t,
1895 Gore Creek Drive
Adiacent Property Orvners
1885 Gorc Crcel Drirn
Nicholas W. Emighotz
1 3329 SE 19Sh Street
Renton,WA 98058-7769
19O5 Gorc Creel Drirre
Jeanne T. Popovif
1432 E, Pudue Av€.
Phoenix, AZBSO2O-2244
1905 Gorc Creel Drire
Andrew Cotton
1903 Holly Hilh Drtve
Austin, TX 78746
1906 Gorc Creek Drira
Andreas A. & Shari L. Boesel
P.O. Box 595
Vail, CO 816s8
1886 Core Creek Drire
Christopher & Donna Badett
10O Marland Rd. S
Colorado Springs, CO 80906
1896 Gore Crenk Drive
Professional Financial Service Inc.
P.O. Box 625
Gtrus Heighb, CA 95611-0625
F
lrnd TitleGUA| ltt Crtt t?A'|t
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Datc: 07-07-2fi)5 6ur Ordcr Numbcr: VS0010566
Propcrty Addrcss:
1895 GORE CREEK DRIVE VAIL, CO 81657
Ifyou have any inquirta or require further assistarce, please contact one of the nwnbn below:
For Tltle Assistance:
Vail Title Dcpt.
108 S FRONTAGE RD W #203
PO BOX 357
vNL, CO 81657
Phone: 970-476-2251
Fax: 970-476-4732
FRITZLEN PIERCE ARCHITECTS
1650 E. VAIL VAILEY DRIVE
c-t
VAIL. CO 81657
Atln: CIIET
Phone: 970-{76$342
Fax: 970-476-4901
EMall: cardslm@vailanhitecls.com
S€na Vle EMatl
Land Title Guarantee Company
Datc: 0'l-07-200s
OurOrderNumbcr: V500f0566
Propcrty Addrccs:
1895 GORE CREEK DRIVE VAIL, CO 81657
Buycr/Borrowcr:
NANCYHASSETT
Seller/Owner:
NANCY HASSETI
il*l"ffior31"ulffJrh$/lH"j1#H#*rt check out Land rftle,s web sire ar w*v.lrsc.com
ESTIMATE OF TTTLE FEES
Informalion Binder $75O. OO
It L.nd Title 6u.!.4t . Cqra'ry till b. ctotlnq tDjs t!:.r..ccto!, a.boeo f..s ri-ll .ba collected rt cirt tLoa.
TOTAL $750 . OO
toD coaltlc! 05/oa THANK YOU FOR YOUR ORDERI
tAttID TITIE GUARA]IITEE COMPATUY
lrnd Title
Gu^l.^arltt co PAw
ItrtuotcE
Owner: NANCYHASSETI
Prcperty Address: 1895 GORE CREEK DRIVE VAIL. CO 8t657
Your Reference No.:
When referring to this order, please reference our Order No. V5fi)10566
- CIIARGES.
Information Binder $150.00
$150.00
Please make checks payable to:
Land Title Guarantee Company
P.O. Box 5440
Denver, CO 80217
Chicago Title Insurance Company
ALTA COMMITMENT
Our Ordcr No. V50010S66
SchcdulcA Cust. Rcf.:
Property Addrcss:
1895 CORE CREEK DRWE VAIL. CO 81657
l. Effccdve Date: June Zl, 2005 at S:00 p.M.
2. Policy to be l$sud, and Proposed Insurcd:
Information Bfuder
Proposed Iruured:
NANCY }IASSETT
3. Ttc catatc or intcrcst ln thc land dcscribed or rcfcrrcd to ln ihts Commitment and covcrcd hercin is:
A Fee Simple
4. fitlc to lhc cstate or intcrcst covcred hcrein is et the effective date hertof vested ln;
NANCY HASSETT
5. Thc land rcferred to in this Comnitrnent is dcscribed as follona:
LOT 26, VAIL VILLAGE WEST FILING NO. 2, ACCORDING TO THE PLAT RECORDED JULY 7,
1965 IN BOOK IOI AT PAGE 699, COUNTY OF EACLE, STATE OF COLORADO.
ALTA COMMITMENT
ScheduleB-Sectionl
(Requirements) Our Order No. V50010566
The following are Oc requiremcnts to bc complicd with:
Itern (a) Paymeni to or for the account of the grantors or mortgagors of the full consideralion for the estate orinterest to be insured.
Item ft) Proper instrument(s) creating the estale or interest to be insured must be executed and duly filed for rrcord,to-wit:
Item (c) Payment of all taxes, charges or ass€ssmenls levied and assessed against the subject premises which are dueand payable.
Item (d) Additional requirements, if any disclosed below:
This product is for informati.onal purposes,only and does not constitute any form of title guarantee nor insurance. The
Ji|}jtt-.ry. .of the company shatl not exceed lhe charge-paid by the applicant ior this produc'i, nor shalt the company beheld liable to any party other than rhe applibant foi this proiuct. "
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
ALTA COMMITMENT
ScheduleB-Section2
(Erccptions)Our OrdcrNo. V50010566
T" rytity or polides to bc issuod will contain cxceptions to thc following unless the same arc disposcd
of to the sadsfaction of the Companyr
l. Rights or clairns of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrtpancies, conflicts in boundary lines, shorlage in area, encroachments, and any facts which a correct survey andinspection of the premiscs would disclose and which are not shown by the public reclrds.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter firrnished, imposed by law and
not shown by the pubtc records.
5' Defects, liens, encumbrances, adverse claims or other mailers, if any, created, ffrst appearing in the public records orattaching subsequent to ihe elfecdve date hereof but prior to the date the proposed iriiured aiquires if record for
value the estate or interesr or morrgage thereon coverid by this commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records. o lhe Treasurer's office.
7. Liens for unpaid water and sewer charges, if -y..
8. In addition, the owner's policy will be subject to the morigage, if any, noted in Secdon I of Schedule B hereof.
9. RIGHT OF PROPRJETOROF AVEIN ORLODETO EXTRACTAND REMOVE HIS ORE
THEREFROM SHOULD TIIE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 04, I9I8, IN BOOK 93AT PAGE 3OI.
IO. RIGHT OF WAY FOR DITCHES OR CANAIS CONSTRUCTED BY THE AUTHOR]TY OF THE
UNITED STATES AS RESERVED IN I'NITED STATES PATENT RECORDED OCTOBER 01,
1918, IN BOOK 93 AT PAGE 3OI.
II. RESTRICTryE COVENANTS WTNCH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANT OR RESIRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL OR]GIN UNLESS AND ONLY TO THE
EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF
THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT
DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED
JULY 07, 1S65,IN BOOK lg0ATPAGE 561.
12. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES
AS SHOWN OR RESERVED ON THE PI,AT OF VAIL VILLAGE WEST FILING NO. 2
RECORDED IULY 7,1965 tN BOOK l0r AT pAcE 699.
ALTA COMMITMENT
&heduleB-Section2
(Exceptions) Our OrderNo. VS0010566
Itc ry[cy or,policics to bc issued wlll contaln cxceptions to thc following unlocs the samc are disposcdof to thc satisfacdon of thc Company:
13. EASEMENT AND RIGHT OF WAY FOR GORE CREEK AS IT AFFECTS SUBJECT PROPERTY.
14. UTILITY EASEMENT AS CRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT ININSTRUMENT RECORDED APRIL 24, 1970, IN BOOK 2I7 AT PAGE 489.
15. TERMS' CONDITIONS AND PROVISIONS OF EASEMENT GRANTED TO UPPER EAGLE VALLEYSANITATION DISTRICT RECORDED APRIL 24, I97O IN BOOK 2T7 AT PAGE 487.
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Punuant to CRS l0-11-122, notice is hereby given thal:
L) The subject real property rnay be located in a spicial taxing district.B) A Cerrificate of Taxes Due listing each laxing jurisdiction may be obtained from the CountSr
Treasurer's authorized agenl.
C) The informatign regarding special districts and the boundaries of such districts may be obtained from
lhe Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1J997., CRS 30-10-406 requires that all documents received for recording or fillngin the clerk and recorder's office.shall contain a top ma;gin of at Ieast one inch and a lefl, right and bittommargin ofat least one half of an inch. The clerk and reco.der may refuse to record or tile an! document that
does -not conform, except that, lhe requiremenl for th€ top margin shall nor apply to documents using forms
on whict space is pmvided for recording or filing information it ttre top margin of the document.
Note: Colorado Division of {ns-urange Regulations 3-5.1, Paragraph C of Article VII requires that ,,Every
tille entity shall be responsible for all mattcrs which appear of-rec'ord prior to the time oi recording
whenever the title mtity conducts the ctosing and is responsible for rriording or filing of legal
doclments resulting from the transaction which was closed". Provided that L-and Tirti Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number s will not appear on the owner',s Title
Poliry 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 z of the commitmeni from the ownJr''s poiicv to be
issued) upon compliance wilh the following conditions:
A) The land described in Schedute A of thii commitment must be a single family residence which
lncludes a condominiurn or townhouse unit.
B) No labor or materiah have been fyni{ed by mechanics or material-men for purposes of
conslructlon on the land described in Schedule A of this Commitment within the'past 6 months.c) The_ company must receive atr appropriate alfidavit indemnifying ne compuny aialnst un-filed
mechanic's and material-men's lieru.
D) The Company must receive pryment of the appropriate premium.
E) If there lras been construction, improvemmts-or m4or ripairs underraken on thc property to be purchased
within six months Prior lo the Date of the Commitment, tire requirements ro obtain .on"r"g"
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or lhe-conlractor; payment of the appropriate premium fully
executed Indemnity Agreements salisfactory to the company, ana, iny iaotionat requirements
as may be necessary after an examination of the aforesald information by the company.
No coverage will be given under any circurnstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Punuant to CRS f0-ll-123, notice is hereby given:
This notice applies to owner's policy commitnenti containing a mineral severance insbument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
gonveyed 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 geolhermal energ5r in the proierty; and
B) That such mineral estate may include the right to enter an-d use the propeily wittrout the
surface owner's permission.
Ngthing herein contained will ,be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fullv satisfied.
Form DISCIOSURE 09/07/02
JOINT NOTICE OF PRIVACY POLICY
Fidelit5r Natlonal Financial Group of Companles/Chicago Titlc Insurance Company and
Land Titlc Guarantec Company
July 1, 2001
We recognize- and r-espqct-the privary gxpectations of today's consumers and the rgquirements of applicable federal andslate oriiacv laws. w'e beliwe'thar. rinkiirg you aware oi-h'ow w-C usCvouinon--p"6tibirs,iiiil-i-ni.iffiirffi flp#ffiiInfonnatiorf'), -and ro whom^ir is disctosefl.'will-rirniit[i iiiiis'ior1;dl;il;fii;iii,Eib"rr."n us and rhe pubticrhar we serve. This privacv starement proiidei-tirii-6xilanaift;.-iv;;&;;iii{;;fiit;ffig;'ih'il Frid;;""-*Statement from time ro tide consistenrivtrtiippiilalidliiuu.y,rws.
In the course of our buslness, we may collect Personal Information about you from thc following sources:
+ From applications or other.forms-we receive flom yo.u or your authorized representative;I [mm ybirq transacrions wirh, or from rhe serviciJ 6eing'pdrfi.'iil'6tru,';fi;ffiffiid, or orhers;' From bur inlernet web sites;'* From lhe public recorrls.rTlil4l*.-by ggu.,-mentat entities that we either obtain direcrly from rhme. entities, oi from our alfiliates or otheisfand* From corsumer or olher reporting ifenlia.
Our Policies Regarding thc Protcction of Oc Confidcntialtty and Security of Your personal Information
We maintain physical, electronic and proce-dural safeguards to protect your Personal Information from unauthorizedaccess or intrirsion. w9 limit access idthC pJisonat ifif;;.atiofr;iiid"dft;H;'i,,#l'i'*tro neea such access inconnection with providing producrs or services io you or Toi-otiieiiligirimll6bi,l;?ft-i(;;i"*s.
our Policies and Practlccs Rcgarding the sharing of your personal rnformation
We mav share vour Penonal Information with our affiliates, such as irsurance companies, agents, and other realestate s-etr.temedr service providers. wc atso rnay iis;6;Fi ftrs-oriiliifiiimiiiiiril:-*"* to agents, broken or representatives to proride you with services you have rcouested.' to lhird-partv contractors_or,service proi,iders who provide servicdJoitedoni-;;i[iting or otherfrrnctioni od our behalf: and+ to olhers with whom we enter into joint marketing agreemenls for products or services that we believe youmay find of interest.
.In addition-, we will dlsclose your Per-sonal Information when you direc-t- or give us permission, when we are requiredlv-law to do so, or when we'suspecr frauduleni oii-iiiiiiiii il{iiiriei.-ii';;ffi;;v'd'ffffsel;d pi,rs;;ai
rriformarion when_orherwise peniriiled [y applliible ir:iinacy ifr"i'iiirr'iJ,]iil#ilil5fti",iiL'rJii"#'ii *.a"ato enforce our righs arising 6ut of any dgrdehenr, rlnsactioii6ii;Hiffihi:;ilfr;fi1 "'
One of lhe imDortant resoonsibilities of some of our affiliated.companies is to record documenls in the publicdomain. Such'documenri may conain your Peison.al tn-ii-irii'iuon.
Right to Acccss Your Pcrsonal Information and Ability to Corroct Errors Or Rcquest Changes Or Deletion
Certain states 4[ord yol tie righ.t lo.access yo-ur personal Information and, u4der certain circumstances, to find outto whom your Persodal Informition lras beej discioied:-I6-;;i;tafi';6ffi;ii;;it il;iffiEfii'td;&i,Ai-'-- "*
correctiori, amendment or deletion of your Pe-onal into-rinirio-nlWe;;il; tl,;;ieii ,iiiiB ieii,riiiiti'ly ru*, rochargeareasonablefeerocoverthec6stsincurre'd-ii-iilp-iiiiiridriiiuctirilririiir.'"-" "'"
All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Companyshall bb in writing, and delivrred to"rhe foitowing-idiiiss:'-
Privacy Compliance Ofhcer
Fidelitv Natirinal Financial. Inc.
4050 Calle ReaI. Suite 220'
Santa Barbara, CA 93110
Multiple Products or Services
If we provide vou with more lhan one financial Droduct or service, you may receive more than one privacy noticefrom ris. We apologize for any inconveniinii-ihIi .ii'.-*r, vou.
Form PRW. POL. CHI
.:r:i i r-j,: ,9:l
' t:\j i: rt.t.l
F&ruary6,20fr7
Town of Vail
MEMO
Date:
To:
Fron: Gerry Merernonte, AIA
Subiect HassettResidence
Written description of the naturc of the variance requeeted:
The variance requested consists of a 11.4 square foot (5'encroachment) two-car garage and a
75 square foot (75'encroachment) entry portico encroadring into the front setback.
Wtitten etatements:
a) The relationehip of the requeeted variance to other exieting or potential uoeo and
structules in the vicinity.
Many of tlrc lots on the northern side of West Gore Creek Drive ale bisected by a sewer
@sem€nt. This eas€nrmt greatly rcduces the buildable area of the lots, and necessitates any
buildings be moved forward on the lots toward the street. As a result, many of the orjsting
garages are located within the front building setback. Most of the residential drives along
West Gore Creek Drive are orimtated perpendicular to the street and off street parking is
located in the right of way.
bJ The degree to whidr relief from the shict or literal interpretation and enfuicement of
a specified regulation ie neceeeary to achieve conpatibility and uniformity of treahent
among eites in the vicinity or to attain the objectivee of thie title without grant of a
epecial privilege.
The area enclosed by the setbacks on the sides and front, and the s€wer easement on the
back is 1,918.5 S.F.. This is 78.3 S.F. less than the 1,96.8 S.F. allowed 2O7o site coverage by
the building. Therefore, the combination of setbacks and utility easemmts make it
impossible for the Owner to benefit from the maximum site coverage as allowed by Town
of Vail Zoning Code.
c.) Thc dfcct of thcvahnce orfiglt and aig distribudonof eopddo& trulleutdo,
trrtrf, f.dftice, ufilidcq and public safety.
ltrearno ncgntiveaflectrogectd h any of tlreeeares.
CI Honr OrG rgqu€t oonptice witr adopted Torvn of Vail plannlrg polidcr ild
dcvelopmatobiedver.
Ihe angled {i\re m wifh hrm arqurd allowe for saf€r sffi ao6.
r ; r,, I tr -r,: t1 2.j
-, i.\ ' '' ")
I
Site Zoning Code Analysis
Proiect:
Location:
Zoning:
Purpoee:
Pernritted uses:
Buildable Area:
Setbacks:
Height:
Density Control:
Site Coverage:
Landscaping &
Site Development:
Hassett Residence
1895 W. Gore Creek Drive, Vail, CO87657
PS (Two-f amily primary/secondary)
The two-family primary/secondary residential district is intended
to ptovide sites for single-Iamily residential use6 or two-family
residential uses in whicfr one unit is a larger primary residence
and the second unit is a smaller caretaker aparbnent, together
with such public facilities as may appropriately be located in the
s.une zone district.
Single family and two-family residential, Type I &W employee
housing
Any site, parcel or any portion thereof which does not contain
flood plain, red hazard avalanche area, or areas in excess of 407o
slope.
Minimum front setback twenty feet, minimum side and rear
setbacks ffieen feet.
For a flat roof or mansard roof, the height of buildings shall not
exceed thirty feet (30'). For a sloping roof, the height of buildings
shall not exceed *rirty three feet (33).
Not more than forty six (46) square feet of gross residential floor
area (GRFA) for each one hundred (100) square feet of the first ten
thousand (10,000) square feet of site area.
Site coverage shall not exceed twenty percent (207") of the total
site area.
At least sixty percent (60%) of each site shall be landscaped. The
minimum of any area qualifying as landscaping shall be ten feet
Parking:
Site Notee:
(10) (widtfr and length) with a minimum area not less than three
hundred (300) square feet
If a dwelling unit's gross residential floor area is 2000 square feet
or more, but less than 4000 square feet: 3 spaces
There are no 40o/" slopes on the site. There is a twenty foot utility
easement and a twentv foot sewer easement on the site.
Area within setbacks- 1.919 S.F.
Site Areas
LotArea (.2292acter)-
GRFAallowable-(0.46) of SiteArea up to 10K S.F.-
Allowable site coverage 20%
Gross Residential FloorArea for Proposed Design
Lower Level Gross Area-7,4295.F.
9,984 S.F.
4593 S.F.
7,997 S.F.
O S.F.
7,4215.F.
3.652 S.F.
1,908 S.F.
t(}s.F.
Second Level Gross Area-1,695 S.F.
Second Level NetArea (excluding Covered Deck Exception #& 42 S.F.)- 1,653 S.F.
Upper [,evel Gross Area 335 S.F.
Upper Ievel Net Area (d additional vaulted area # Z- 24il SJ.F 528 S.F.
Lower Level NetArea (exduding Basement Exception #G 1,429 S.F.)-
First Level Gross Area-1,908 S.F.
First Level Net Area (excluding Garage Exception *l- U7 S.F.)-
Total Gross Residential Floor Area-
Building Site Coverage Area for Proposed Design
Building Footprint Area-
Second Level Cantilever Area at Bow Window-
Entry Portico over four feet- 40 S.F.
Total Building Site Coverage-1,991S.F
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THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GVEN 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 February 12, 2OO7, at 1:00 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 12-12,
Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to
shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at 4852 and
4856 Meadow Lane, and setting forth details in regard thereto. (PEC07-0001)
Applicanl Meadowlark Development Partners, LLC, represented by Greg AmsdenPlanner: Wanen Campbell
A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town '.VP
Code, pursuant to Chapter 12-17, Yariances, to allow for a new single t"rity t"iiO"n." N\{ X
within the front and side setbacks, located at 1895 West Gore Creek Drive/Lot 26, Block 'r;f \ y''
2, VailVillage West Filing 2, and setting forth details in regard thereto. (PEC07-0002) tV
Applicant Nancy Hassett, represented by MiramontiArchitect PCPlanner BillGibson
A request for a final review of an appeal of an administrative action, pursuant to Section
12-3-38, Appeal of Administrative Actions, Vail Town Code, appealing a determination
made by the Zoning Administrator that for zoning purposes Condominium Unit E,
Covered Bridge Building shall be considered the "first floor or street level'of the building,
located at 227 Bridge StreeULot C and D, and the southwesterly four feet of Lot B, Block
5-B, Vail Village First Filing, and setting forth details in regard thereto.
Appellant Covered Bridge, Inc., represented by Carson, Carson and Dunkelman,
LLCPlanner: George Ruther
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 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing lmpaired, for information.
Published January 26, 2007, in the Vail Daily.
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