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HomeMy WebLinkAboutPEC050045/ l/rr'(- Vl Lay (pr.'{f€l I ttf ta Project Name: DANTAS MINOR SUB PEC Numberr PEC050045 Project Description: Minor subdMision request; variance requests from minimum lot size, minimum frontage, site dimension, and site setback regulations. . Pafticipants: owNER DANTAS BUILDERS INC 05/01/2005 PO BOX 4015 AVON co 81620 APPLICANT DANTAS BUILDERS INC O6IOLI2OOS PO BOX 4015 AVON co 81620 CONTMCTOR DANTAS BUILDERS, INC 0610L12005 Phone: (970) 376-5444 PO BOX 4015 AVON co 81620 License: 290-A Project Address: 1722 ALPINE DR VAIL Location: L772, t778 & 1788 ALPINE DRIVE Legal Description: Lot: 10 Block: Subdivision: VAIL VILI-AGE WEST FIL 1 Parcel Number: 2103-123-1205-1 Comments: see conditions BOARD/STAFF ACTION Motion Byl Kjesbo Action: APPROVED Second By: Viele Vote: 7-0-0 DateofApprovalz OTlLtl2OQs CondiUonsl 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 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0007317 This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this variance request, t Erty: O7lLLl2O05 By: ee Action: AP @nd: CON0007318 The applicant shall maintain a limits of disturbance line as shown on the site plan. No building encroachments or construction disturbance shall be allowed beyond this line. Entry: 07l|Il2fl)5 By: ee Action; AP Cond: CON0007319 Prior to submittal of a building permit for Lot 10, Lot 11, or Lot 12, the applicant shall record with Eagle County the amended plat, reflecting the access easement and its associated language. Entry: 0711L12005 By: ee Action: AP Planner: Elisabeth Eckel PEC Fee Paid: $650.00 \f All proJects requiring Planning and Environmental Commission review must receMe approval prior to submiting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required infiormation is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: tr ,rRezoning $1300p/ Major Subdivision $1500!l Minor Subdivision 9650tr Exemption Plat $650D Minor Amendment to an SDD 91000tr New Special Development District 96000tr Major Amendment to an SDD $6000D Major Amendment to an SDD 91250 (no exterior modifrcatbns) tr Conditional Use Permittr FloodplainModificationtr Minor Exterior Alterationtr Major Exterior Atterationtr Development PlanD Amendment to a Development Plantr Zoning Code Amendment0 Variancetr Sign Variance $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 d(ro ,ta Location of the Proposal: Physical Address.: ^tott^aa2osJ gio.7tz.s73' v,ParcefNo.: l!O;t23t,7 671^tot'zzt^o€e ' (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: E"lt1€r fr.s Name(s) of Owner(s): Mailing Address: E-mail Address: 88 ql o Name of Apptica*t E ez-ft r F ,.;/&er E A-n .- Jtl*^rrrnnOlOr"ur ,- It Description of the Request: No,: of 6-01/18/02 *'}'}ff****ffffff*******l*****fllfff*++**ff**+*********!tlr{r{r{'l'{'*****f*ff+****+***++++t********* TOWNOFVAIL. COIORADO Statement t *'|********t++r******'t****+t*+****************'it**'i***+++ + * ***********++:irl.rlf ***********++*+,* Statement Nuniber: R050000?23 Amount: $550.00 06/oL/2oo5o2:55 PM Palzment Method: Check BUIIJDERS fnit: iIS Notation: 5991/DANTAS Pemit No: ParceL No: Site AddreEE : Location. This Paynent: P8c050045 Type: PEC - Minor subdivision 2103-123-1205-1 1722 ALPIIIE DR VAIIJ L772, T778 & 1788 AIJPINE DRIVE TotsaI Fees r $550.00 Toba1 AIrL Pmts ! Balance: $5so - o0 s6s0.00 $0.00 ACCOT]NT ITEM LIST: Account, Code PV 00100003112500 DeEcription PEC APPI,ICATION FEES Current PmEE 650.00 TOWNOFVAIL, COLORADO Statement a**+*'f*f++++++*****************+++t't+ti+++++++f**i*****************++*****ttt*******+*++'t+++ Statement Nunber: R050000806 Amount: $500.00 06/lO/2OO5O2z2O PY! Palment Method: Check BUIITDERS Init : ,f,S Notsation3 6041,/DAllTAs Permit No: Parcel No: Site AddreEs: Locat,ion: This Payment: ACCOIJNT ITEM LIST: Account Code PV 0 010 00 03112 50 0 $s00. oo Deacription Total Feea: Tota1 AL,L, Pmts : Balance : ss00.00 $s00.00 $0.00 Current Pmts 500.00 P8C050050 T!pe: PEC - variance 2to3-123-1205-L 1722 AIPINE DR VAIIJ L'172, T778 & 1788 A],PINE DRIVE rlt*'t't**************ftf*******+tra't't*+*'t***++ff****+tt*****{r**flr************,f,1*************** PEC APPI,ICATION FEES Appl'lcatbn tbr ReYiew bY the ' Planning iird fnviionmirrtal'Commisslon I I D.D.rmcrf of cinmirry qe**ritcrt # ffi -fiGgB nmu, wi cittqaio s16ti sr. rzr rt tt .r trr- G':tr! 47ll t lS,i * szalzi.zug tbi9ru'47q:45r i :' ' ucbi urnwfrovon . . GtrcraltfruaUqt:EltJlffllUlEg{Xr-!:-rilfieos-tqfiE n rrt-.r a"{"ri"qbretl iritt ;!tiu f11g?:gg^g1ig :gg' l. ftffiiHpE#- G ;il;'r'n-Jffie'"ct.''-,l'.q5- Egf mE. H*ffiF,Hld. " s*#ffii'rffi t'ffi flraFqed nrav am rieco b bc flriqi"d brrftcTortr 60mt and/stha DGCgn Rllxil 8..d; . Lodrdfutrrcnols sfrmutzW EagF @. Assesor at 97}lti&864o frr FErcd m') Zoning:. tbrr{r)dOrir(o):' ownr(l)$mtrc(r): tlamr otAppficant: il.Sng fE tcsss 'Phqt i c.mallAddrqe: Jrl{}0l 0lrlOn FrorT0f,l 0F YAIL mf,tTY 0EtELomiT llune1ft T-t8f P.002/00r F3e8 PhrdalAdrscca. Ol l7-1, 6t.t {D._ (A w_ztottzl,tffiL.iio'"c*.lH',".1;:#i,rq, ; := a) I|t ffoIo 8 -_------+ ItO403/3 li,|| 1 ^ r_To\r-c0M.DEV. 1. The final plat shall be drawn in India ink, or other substantial solution, on mylar, with dimension of twenty-four by thifi-six inches and shall be at a scale of one hundred feet to one inch or larger with margins of one and one-half to two inches on the left and one-half inch on all other sides. 2. Accurate dimensions to the nearest one-hundredth of a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common uses and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand. 3. North arrow and graphic scale, 4. A systematic identification of all existing and proposed buildings, units, lots, block, and names for all streets. 5. Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. 6. An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. 7. A written suruey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shall be shown in this manner, as well. 8. A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. Monument perimeter per Colorado statutes. Two perimeter monuments shall be established as major control monuments, the materials which shall be determined by the Town Engineer. 9. A statement by the land surveyor explaining how bearing base was determined, 10. A certificate by the registered land surveyor as outlined in Title 13, Chapter 11 of the Town Code as to the accuracy of the survey and plat, and that the suruey was performd by the surveyor in accordance with Colorado Revised Statutes 1973,'fitle 38, Article 51. 11. A certificate by an attorney admitted to practice in the State of Colorado, or corporate title insurer, that the owner(s) of record dedicating to the public the public right-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. (See lltle 13, Chapter 11) 12. The proper form for approval of the plat by the PEC chairman and acceptance of dedication and easements by the council with signature by the mayor and attestation by the Town Clerk. Examples are found in (See Title 13, Chapter 11) 13. The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in (See Title 13, Chapter 11) 14. Certificate of dedication and ownership per (See Title 13, Chapter 11). Should the certificate of dedication and ownership provide for a dedication of land or improvements to the public, all beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the certificate of dedication and ownership in addition to the fee simple owner thereof. 15. All current taxes must be paid prior to the Town's approval of the plat. This includes taxes which have been billed but are not yet due. The certificate of taxes paid must be signed on the plat or a statement from the Eagle County Assessor's Office must be provided with the submittal information stating that all taxes have been paid. Paee 5 of6-01/18/02 I 15. Additional material which shall accompany the final plat includes, but is not limited to: a) Complete and final Environmental Impact Report if required by the zoning ordinance; b) Complete engineering plans and specifications for all improvements to be installed, including but not limited to water and sewer utilities, streets and related improvements, pedestrian and bicycle paths, bridges and storm drainage improvements; c) Maps at the same scale as the final plat showing existing topography and proposed grading plan (contour interval requirements same as preliminary plan), a landscape and or revegetation plan showing locations, type and sizes of existing and proposed vegetation. d) A map the same scale as the final plat depicting all high and moderate avalanche hazard areas, forty percent and high slope areas and one hundred year floodplain areas as defined in the hazard ordinance of the Vail Municipal Code; e) Title insurance company proof of ownership of all lands within the proposal; f) Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Ttle 38, Article 53; g) Any agreements with utility companies when required; h) Protective covenants in form for recording; i) Other data, certificates, affidavits, or documents as may be required by the Administrator or PEC or Council in the enforcement of these regulations. ADDTTIONAL REVIEW AND FEES If this application requires separate review by any local, State or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shall be responsible for paying any publishing fees which are in excess of 50o/o of the application fee. If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then the entire fee for such re-publication shall be paid by the applicant. Applications deemed by the Community Development Department to have design, land use or other issues which may have a significant impact on the community may require review by consultants in addition to Town staff. Should a determination be made by the Town staff that an outside consultant is needed, the Community Development Department may hire the consultant. The Depaftment shall estimate the amount of money necessary to pay the consultant and this amount shall be forwarded to the Town by the applicant at the time of filing an application. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within 30 days of notification by the Town. Any excess funds will be returned to the applicant upon review completion. Please note thut only complele applications will he accepted All of the required information must be subnitted in orderfor lhe npplicalion to be deemed complete. Page 6 of 6-0 l/1 8/02 Tfti.iltd Land Title Guarantee Company Datq 07'21-2004 Our Order Number: V50005fit&4 Property Address: U88, T722AND ITTSALPINEDRIVEVAIL, CO 81657 Buycr/Borrower: DANTAS BI'ILDERS, INC., A COLORADO CORPORATION Seller/Owner: GUILLERI,IO HIJERTA AND GERARDO HTJERTA, AS TO PARCEL I DANTAS BT'ILDERS,INC., A COLOMDO CORPORATION, AS TO PARCEL 2 Wire Information: Bank: FIRSTBAITIK OF COLORADO t0403 wcoLFAxAwNw LAKEWWry COU215 Phonc: 303-237-5(M0 Credit: LAl,lD TTLE GUARANIEE COMPA|]Y ABANo.:107@fl47 Acmunt: 2160521825 ,AAantion : I(ath ryn Ku ch ler *'|l+* ll*lr r++t* ***t*f'rr**+tt t+t+ +* * ||*++rtt **ttrt*ta*tl* t ll t I r* t**a Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by undcrlining or commetrts. t* tt**t* **r**rrtt****tt*a**{.* * *at * * *tirr*** tt+t '}**l'} * * * t *t * | * *lt* * Need a mao or direttions for your uocomins closinc? Check out Land Title's web site at www.ltgc. com for directicins to any ofour 3i officd locatiois. - rb eEt oaloa THANK YOU FOR YOIJR ORDER! ESTIMATE OF TITLE FEES Alta Owners Policy fGlT-9Z (Reissue Rate) AIta Loan Policy l0-17-Sz Deledon d Excepdons l-3 (Onmer) Ddedm of General Exception a (Owner) Tax Repod R012758 has been ordered from Eagle Cty Tax Report R0{2787 has been ordered fron Eagle Cty Tax Report R042788 has been ordered from Eagle Cty AddidoDal Chaitr 9643 974O s30 s70 t75 $75 975 $Lso oo oo oo oo oo oo oo oo It L.d. tltl. 6E r.rt . Cqr.q, tfl:L b. cAodq t}.l.e E 'trcgt@,.bov. t .. ,t7A be aou.ctd .t tilt tlD. TOTAL $7,078. OO Cticago Title Insurmce Conpany ALTA COMMITMENT Schedule A Property Address: 1788, 1722AND I?TSALPINEDRIVEVAIL, CO 81657 Our Order No. V500050064 Cust. Rcf.: l. Effecthe Datq ftne 30. ZfiX at 5:fi1 P.M. 2. Policy to bc Issued, and Proposcd Insured: 'ALTA' Ownen's Policy l&r7-92 $280'000.00 Proposed lnsured: DANTAS BTJILDERS, TNC., A COLORADO CORFORATION 'ALTA" I-oan Policy lUlT-SZ $280,000'00 Proposed Insured: FIRSTBANK OF AVON, ITs SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land dcscribed or referred to in this Commitment and covered herein is: A Fee Stmple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: GUILTERMO HI,'ERTA AND GERARDO HUERTA, AS TO PARCEL I DANTAS BTJILDERS, INC,, A COLORADO CORPORATION, AS TO PARCEL 2 5. The land referred to in this Commitmsrt is described as follous: PARCXL I: LOTS IO, 11 AND 12. VAIL VILI^AGE WEST FILING NO. I, ACCORDING TO THE RECORDED PLAT N$REOF, COUNTY OF EAGLE, STATE OF COLOMDO. PARCEL 2: LOT 5, BLOCK 3, WILDRIDGE ACCORDINC TO TTIE FINAL SUBDIVISION PLAT, COI'NTY OF EAGLE, STATE OF COLOMDO. ALTA COMMITMENT Schedule B - Section I @equiremcnts) Our Order No. V50fil5lXl64 The following arc the requirements to bc omplied with: Item (a) Payment to or fc the aamt of the grantors or mortgagors of the foll condderation fm the estate m inbrcC to be fusorcd. Item (b) Proper lnsnunent(s) caadng the es0ate or lntere$ to be in$red must be exeqrted atrd duly flled for record, Itcm (c) Payrnmt of all taxes, chrrgs or assessmeots levid ad asscssed agtimt the subject premtses whici re due aDd Pa]'able. Ibm (0 Adddooat if ary disclced belon: I. RELEASE OF DEED OF IRUST DATED MAY 23. 2OOI FROM GI'ILLERMO HIJERTA AND GERARIX) HUERTA TO TTIE PT'BLIC TTUSTEE OF EAGI.E COT'NTT FOR TTIE USE OF FIRSTBANK OF VAIL TO SECURE TrrE SUM OF $144,000.00 RECORDED JUNE 06, 200r, TJNDER RECEPTION NO. 758812. MODIFICATION AGREEMEI.IT IN CONNECIION WIIH SAID DEED OF TRUST WAS RECORDED OCTOBER 16, 20f,2 I'NDER RECEPIION NO. 8T0448, MODIFICATION AGREEMENT IN CONNECTTON WITTT SAID DEED OF TRUST WAS RECORDED DECEMBER 06, 2OO2 T'NDER RECEPTION NO, 8T6210. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED Jt NE 16, 2003 T NDER RECEPTION NO. f,|689r. 2. EVIDENCE SATISFACTORY TO TIIE COMPAI.IY THAT TTIE TERT{S, CONDrrIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 3. WARMNTY DEED FROM GIJILLERMO HI'ERTA AND GERARDO I{UERTA TO DANTAS BUILDERS, INC., A COLORADO CORPORATION COT.MYING SUBJECT PROPERTY. (AFFECTS PARCEL 1) 4. DEED OF TRUST FROM DANTAS BT,'ILDERS, INC., A COLORADO CORPORATION TO TIIE PT'BLIC IRUSTEE OF EAGLE COIJNTY K)R T}IE USE OF FIRSTBANK OF AVONTO SECIJRE THE St M OF t280,000.00. ALTA C OMMITMENT ScheduleB-SectiorI (Requirements)Our Order No. V50{D5000-l Continued: NOTE: SAID DOCI'MENT CAN BE EXECUTED BY TTIE PRESIDENT, VICE-PRESIDENT OR CHAIRMAN OF TIIE BOARD (CEO) OF TIIE CORPORATION. IF ANY OTIIER OFFICER OF THE CORPORATION OR AGENT D(ECUTES SAID DOCT'MENT ON BEHALF OF TTIE CORPORATION, A POWER OF ATTORNEY/RESOLUNON MUST BE PROVIDED TO LAND TTILE GRANItrIG SAID AUTIIORIZATION. TIIE FOLLOWING DELEIIONS/TT{OilNCATIONS ARE FORTHE OWNER'S POHCY. NOTE: ITEIT{S l-3 OF TIIE GENERAL EXCEffiONS ARE HEREBY DELETED. I,'PON TTIE APFROVAL OF THE COMPANY AT{D THE RECEIPT OF A NOTARIZED Ftr$AL IIEN AFFIDAVIT, ITEM NO, 4 OF TTIE GENEML EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL E)(CEPnONS IS DELETED AS TO ANY LIENS OR FUTTJRE LIENS REST'LTING FROMWORK ORMATERIAL FURNXSHED ATTHE REQUEST OF GTJILLERMO HI'ERfA AND GERARDO HI'ERTA, AS TO PARCEL T DAI{TAS BT'ILDERS, INC,, A COLORADO CORFORATION, AS TO PARCEL 2, CHICAGO ITILE INSITRANCE COMPANY SHALL HAVE NO LlABruTY FOR AI.IY LIENS ARISING TR,OM WORK OR MATERIAL FURNISHED AT THE REQTJEST OF DANTAS BI.JILDERS, INC., A COLORADO CORPOMTION. NOTE: ITEM 5 OF TTIE GENERAL H(CEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANT CONDUCTS TIIE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS TIIE DOCUMENTS IN CONNECTION TTIEREWITII. NOTE: IJFON PROOF OF PAYMENT OF ALL TA)(ES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2OO4 AND STJBSEQUENT YEARS. ITEM 7 I,''NDER SCTTEDULE 8.2 WILL BE DELETED TJPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. 't,|*:r*f,rrff NoTIcE oF FEE CHANGE, EFFECTryE SEPTEMBER l,ZQ$l s+**'**+++a Pursrad to Colmado Revised Sbtute 30-lG42l, "The county clerl and recorder shall collect a srrrnarge of 31.00 fm each docummt reeived for rccordng or ftling in his or her office. The surcharge shall be in addidon to any other fees pernitbd by statute.' ALTA COMMITMENT ScDeduleB-Secdon2 (Exceptions) Our Order No. V50005006-4 The policy or policies to be issued will contain exceptions to thc following unless the same are disposed ofto the satisfaction of the Company: l. Rights 0r claims of panies in pmsession not showtr by the public records. 2. Easemerts, or claims of eaenenb, not shorvn by the public records. 3. Dlsoepocies, cotrfltcb in boundary lines, shorhge in area, encnoaclmerts, and any facrs which a correct s rvey and inspectim of the premlses would disclme and which are not shoum by the public records. l. Ary lim, or right to a llm, for servicrc, hbm or material theretofce or hereafter firdshed, imposed by law and not shormby the public records. 5. Defccls, llens, mcmbrances, adverse clains or other mattenr, if any, crcated, ffrst appearing in the prrblic records or afiachitrg srbsequent to the efrectra dab hereof but prlor b lhe date the pmposed insurcd acqdrcs of record for mlue thc estate c futerest or nortgrye lherootr coverd by thts Comnitnent. 6. Taxes or special assessmed rvffc.h are not $own as exlsting liens by the public recor&. 7 . IJens for unpairl wato ad swer c.brrges, if alry. 8. h addition, tte ormer's policy will be crbjed to the mortgage, if ary, noted in Sec{ior I of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO E)ilRACT AND REMOVE HIS ORE TITEREFROM SHOT'LD THE SAME BE FOTJND TO PENETRATE OR INTERSECT TT{E PREMISES AS RESERVED IN I.'NTTED STATES PATENT RECORDED OCTOBER 04, 1918, IN BOOK 93 AT PAGE 3OT. rO. RIGIIT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY TTIE AUTHORITY OF TIIE T'MTED STATES AS RESER\1ED IN IJMTED STAIES PATENT RECORDED OCTOBER 04, I9I8, IN B@K 93 AT PAGE 301. II. RESTRICTTVE COVENANTS WHICH DO NOT CONTAIN A FORFEITI.'RE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, REUGION, SE"T, HANDICAP, FAIT,IILIAL STATT'S OR NATIONAL ORIGIN IJNLESS AND ONLY TO TIIE EXTEI{T TIIAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF TTIE TJMTED STATES CODE OR (B) RELATFS TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRTJMENT RECORDED OCTOBER 25, 1963, IN BOOK 178 AT PAGE 149 AND AS AMENDED IN INSTRIIMENT RECORDED DECEMBER 6, 1963, IN BOOK I78 AT PAGE 3{5. 12. RESERVATIONS OF A TEN PERCENT NON-PARTICIPATING ROYALTY INTEREST CONTAINED IN WARRANTY DEED RECORDED OCTOBER 30, 1962 IN BOOK 166 AT PAGE 407. ALTA COMMITMENT ScheduleB-Secdon2 (Exceptions) Our Order No. V5005006'4 Thc poticy or policies to be issued will contain o(ceptions to the following unless the same are disposcd of to the satisfaction ofthe Company: 13. UTIUTY EASEMEMS 5 FEET IN WIDTII ALONG ALL REAR AND SIDE LOT LINES AS RESERVED ON TTIE PLAT OF VAIL VILI-AGE WEST FILING NO. 1. 14. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON TIIE RECORDED PLAT OF VAIL ULLAGE WEST, FILING NO. T, 15. TTIE AFFECT OF T'NMAINTAINED ROAD CUT OR DITCH TRAVERSING STJBJECT PROPERTY AS SHOII'N ON TTIE IMPROVEMEI.IT LOCATION CERTIFICATE PREPARED BY STARBUCK suRvDroRs & ENGINEERS, DATED s/2/01, JOB NO. 20r-27. GHE ESOVE IIEM AIFECTS PARCEL I) 16. RIGHTS OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF TIIE INIIED S"TATES, AS RESERVED IN I'MTED STATES PATENT RECORDED NOVEMBER 23, 1949. IN BOOK T34 AT PAGE 524. 17. RESERVATION OF AII. TI{E COAL AND OTHER MINERAIS IN THE LAND TOGETHER WITI{ TTIE RIGIIT TO PROSPECT FOR MINE AND REMOVE THE SAME PTJRSUANT TO TTIE PROVXSIONS AND LIMITATTONS OF TTIE ACT OF DECEMBER 29, 1916 AS RESERVED IN DOCUMENT RECORDED NOVEMBER 23, 1949 IN BOOK 134 AT PAGE 524. r8. RESTRICIVE COVENANTS WHICH DO NOtr CONTAIN A FORFEITT'RE OR REVERTER CLAUSE, BUT OMITIING ANY COVENAI{T OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMIIJAL STATUS OR NAfiONAL ORIGIN TJNLESS AND ONLY TO TI{E H(TENT TIIAT SAID COVENANT (A) IS H(EMPT UNDER CHAPTER 42, SECTION 3607 OF TIIE TJMTED STATES CODE OR (B) REI.ATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGNNST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 14, 1982, IN BOOK 3.,T5 AT PAGE 844. r9. EASEMENTS, CONDMONS, COVENANIS, RESTRICTTONS, RESERVATIONS AND NOTES ON TI{E RECORDED PLAT OF WILDRIDGE. 20. TERMS, CONDITIONS AND PROVISIONS OF IIIE WILDRIDGE SPECIAL ASSESSMENT, CREATED IN INSTRTJMENT RECORDED 9 12, I99II IN Bfi)K 537 AT PAGE 433 AND IN INSTRTJMENT RECORDED JANUARY 9, Igt'I IN BOOK 545 AT PAGE 415. ALTA COMMITMENT Sc.heduleB-Sccdon2 (Exceptions) Our Order No- VsfiXlsme4 Thc policy or policics to be issucd will cDntain o(ceptions to the following unless the same arc disposed ofto the satisfastion ofthe Company: NOTE: LIPON EVIDENCE SATISFACTORY TOTHE COMPANYfiIAT SAIDASSESSMENT HAS BEEN PAID IN FT'IJ" IHIS H(CEPITON WILL BE DELETED. FI{E ABOVE rrEXvr AmECTS PARCEL z) l'r f__@tta-_ -\ ---i\'!-qffi!tH!: ".'4 ca ""'"r.$ .liltl\ an t/e/tu4 5t u-28 TOPOGRAPHIC MAP LOTS IO,I I,12 VAIL VILLAGE WEST, FILING I TOWN OFVAIL EAGLE COIJNTY. COLORADO Gore Range Surveyin&LLc / ','d hknrrr'rr.! - lrtst.Fr.4r. hr Grol.Dql /.. z' ----r-**-".- \ r' -'-"""-- f 6al 3:i I I i tiI II H /,/ .r^ o, . TEITER mpp desiqn shop ?OBox4227 0l l3 Mill Lofi Street. Unit 8207 Edwords, CO 81632c 97G39G4931t 97V9264682 michoel@moodesignshoo.com copy June 01, 2005 Town of Vqil Community Development 75 South Frontoge Rood Voil. CO 81657 Tel:.97G479-2139 Fox:,97G479-2452 Regording: Donfos Builden. Inc. PEC Applicotion - A re-subdivision Lotsl0, ll&12 Alpine Drive Voil. CO 81657 Lot l0 AccountNumber: R042787 Pqrcel Numbet: 210312312051 Legol Description: SUB:VAIL VILLAGE WEST FIL I BLKi IOT:10 Physicol Address: @1772 ALPINE DR VAIL Acres: O.2? Lotll AccounlNumber: R04278€ Pqrcel Numberi 210312312052 Legol Description: SUB:VAIL VILLAGE WEST FIL I BLKi LOT:I I Physicol Address: @1778 ALPINE DR VAILAcres: 0.33 Lot 12 Accounl Number: R012758 Porcel Number: 210312312c,44 Legol Descripiion: SUB:VAIL VILLAGE WEST FIL I BLKI LOT:12 Phpicol Address: 001788 ALPINE DR VAIL Acres: 03 04G-llr-0'24-O5-PEc.doc Poge I ot3 IETTER mpp desiqn shop PO Box4227 0l l3 Mill Loft Street, Uriit 8207 Edwords, CO 81632 c 97G39G4931 t 97U926-O68,2 michoel@moodesionshoo.com Deor sin; This letler serves os the required sfolemenf to oddress lo Town's lisl of concerns qs ouilined in the PEC Applicofion. o. The proposol, for fhe obove menfioned lots, is to; l. Re.subdivide the fhree lols. i. The re.subdivision is necesory for the plocement of fhe buildings on eoch of lhe three lots due lo lhe steep noture of the lots. ii. The three lots will be re'subdivided such thot eoch of lhe three lots will be relotively equol in size. 2. Creole o drivewoy ond ufility occess eosement lor lhe lhree lols. i. One ddvewoy ond utility occess poinl from Alpine Drive will be creoled to occess eoch of the three lols. 3. Be gronled o vorionce for fhe side yord sel-bocks from l5' to l0' where eqch lot obuls one onofher. i. The Eost side of Lot l0 ond lhe Wesl side of Lot 12 wil' mqinloin lhe sfondord l5' side'yord selbocks. ii. The side-yord setbock vorionce will nof offecf the existing sfrucfures to fhe Eost ond Wesl of lhe proposol. b. The DRB hos gronled concepfuol opprovol for fhe singulor drivewoy occess ond re-subdiv'sion of lhe lhree lots. They hove been presenfed over twenfy (20) differenl opfions for the occess of the lhree lots, ond hove concluded thof this opfion best meels the Town of Voil's guidelines ond objeclives. The noture of eoch of the buildings ond sife design is consislent wilh the Town of Voil's guidelines qnd objectives in thot if ollows for fhe development of the lhree lofs in o monner fhot hos the leosl omount of sile dislurtronce ond ollows lor lhe greolest divenity ond inlerest in building design. ll is recognized ihoi o significonl number of trees will be removed ond consideroble site dislurbonce will occur due to excovotion. Every efforf will be mode to reploce os mony lrees os possible ond creoie o finished londscope thof will be on qsset lo lhe community ond the Voil Volley. c. The proposol will not hove o mojor impoct of Town of Voil troffic potterns, os lhe three proposed homes lo be developed will occes Alpine Drive from one drivewoy, rother lhon lhree seporote drivewoys. The proposol will not hove ony odvene impocl on odjocenf properties. Ihe singulor drivewoy occess will ollow for more londscoping to be inslolled olong Alpine Drive (which is cunenfly o severe cul in lhe hill side which is not oppeoling to look ot ond is prone lo sloughing otf ond sedimenl woshing onlo the roodl. 0,{8_lk_052,r45_PEC.d€Pog6 2 of 3 LEIIER mpp desiqn shop POBox4227 0l l3 Mill Loft Sfreet, Unif 8207 Edwords, CO 81632 c 97G39G4931 t 97G92ffid€,2 michoel@moodesionshoo.com d. The singulor ddvewoy occess will be o sofer occess point to Alpine Drive thon three seporole drivewoys. Considering thof Alpine Drive is o steep rood ond in the winler rnonfhs it is covered in ice ond snow due fo the northem exposure, hoving one vehiculor occess point creoles less impoct lhon fhree occes points. Pleose confocl me wifh ony further quesfions or commenls. Thonk you. SIGNED: Michoel Pukos TETTER June 01, 2005 Town of Voil Community Developmenl 75 South konloge Rood Voil. CO 81657 Iel:97G479-2139 Fox:97G479-2452 Regording: Donios Builders, Inc. PEC Applicotion - A re.subdivision Lofsl0, ll&12 Alpine Drive Voil. CO 81657 Deor sia; The following lots ore the subject of o PEC opplicotion to be re-zoned. Pleose nole: All informofion wos token direcfV from Eogle Counly's websile dolobose. POBox4227 0l l3 Mill Lofl Slreel, Unit 8207 Edwords, CO 81632c 97G39G4931t 97G9264682 michoel@moodesionshoo.com All three lols ore owned by: Lot l0 Accounf Number' Porcel Numbec Legol Descriplion: Lotll Physicol Address: Acres: Account Number: Porcel Number: Legol Description: Physicol Address: Acres; Lol 12 Accounl Number: Porcel Number: Legol Descriplion: DANTAS BUILDERS INC PO BOX 4015 AVON. CO 8r620 R0/,2787 2103r2312051 SUB:VAIL VILLAGE WEST FIL I BLKI LOT:10 @1772 ALPINE DR VAIL o.n R042788 210312312052 SUB:VAIL VILLAGE WEST FIL I BLKi LOT:l I @1778 ALPINE DR VAIL 0.33 R012758 21031231?f// SUB:VAIL VILLAGE WEST FIL I BLKi LOT:I2 04@_llr_06{l{5_odjoc€nt+.op€.ly.o.vrE6doc PogE I d4 . IEIIER \ mop desion shop PO Box 4227 0l 13 Mill Loft Street, Unit 8207 Edworcls, CO 81632 c 97G39G4931| 970-9264682 michoel@mopdesionshoo.com PhysicolAddress: 001788 ALPINE DR VAIL Acres: 0.3 Here is o list of legol descriplions of odjocenl property owners. Norfh of Lot l0AccountNumber: R012880 Eost of Lot l0 Accounl Number: ROl68l6 Porcel Number:2103r23r2006 Owner Nome /Address: MICHEL, JOAN L. REVOCABLE TRUST MICHEL, JOAN L. TRUSTEE 25279 MCCLURG RD VERSAILLES, MO 65084 Legol Descriplion: SUB:VAIL VILLAGE WEST FIL I BLKi LOT:9 Physicol Address: @1770 ALPINE DR VAIL o.27 Porcel Number:210312319021 Owner Nome /Addres: KIMMEL, NEAL L. 456 COLUMBINE ST DENVER, CO 80206 Legol Description: SUB:HIGHLAND MEADOWS FIL 2 LOT:I7 Physicol Address: @2270 ALPINE DR VAIL |.49Acres: Eost of Lot I I Acres: South of Lots I I & 12 Account Number: R0l68l4 Porcel Number:210312319022 Owner Nome /Address: MESTL, JAMES G. & KATHLEEN C. -JT I4 HAMHORNE RD BRONXVILLE, NY IO7O8 Legol Description: SUB:HIGHLAND MEADOWS FIL 2 LOT:I6 Physicql Address: @22co ALPINE DR t6 VAIL 0.83 Accounl Number: R013130 Porcel Number: 0.{08_lh_0641 4s_odjocant.p .operty-odn€Gdoc 210312312015 Po€|e 2 of4 TETTER moD desion shoD PQ Box 4227 0l 13 Mill Loft Street, Unit 8207 Edwords. CO 81632 c 97G39G4931| 97G.9264682 michoel@mopdesionshoo.com Owner Nome /Address: AUSTIN, DAVID I739 SIERRA TR vArL, co 8r657 Legol Descriplion: SUB:VAIL VILLAGE WEST FIL I LOT:20 Physicol Address: 001739 SIERRA TRL VAIL Acres: 0.31 Soulh of Lol l2 Accounf Number: R0l29l6 Porcel Number: 210312312014 Owner Nome /Addres: SPILO, WILLIAM A. I757 SIERRA TRL DR APT D vAlL, co 81657 Legol Descriplion: SUB:VAIL VILLAGE WEST FIL I LOI:19 Physicol Address: 001759 SIERRA TRL VAIL Acres: O27 Soufh-West of Lot l2 Account Number: ROl310O Pqrcel Number: 210312312013 Owner Nome /Address: ZELTMAN, ROBERT A. - ZELTMAN JOHNSDOTTER ,MALIN M. -JT I779 SIERRA TR APT A vAtL, co 81657 Legol Description: SUB:VAIL VILLAGE WEST FIL I LOT:18 Physicol Address: @1779 SIERRA TRL VAIL Acres: 0.26 Wesl of Lof l2 Accounl Number: R012895 Porcel Number:2103123r 2008 Owner Nome /Addres: ALPINE DRIVE LLC 46I TURICUM RD LAKE FOREST, IL 60045 Legol Descripiion: SUB:VAIL VILLAGE WEST FIL I BLK:- LOT:13 Physicol Addres: 001798 ALPINE DR Acres: VAIL o.25 North-West of Lots l0 & I I - Across sfreef Accounl Number: R013080 Porcel Number:2103r23070r0 Owner Nome /Address: BIRD, SUSAN MARIE STOUT 0"108_llr_06{ I {s_odilcenl-prop€rty-drners.doc Poge 3 of ,t . LEITER mpp desion shop POBox427 0l 13 Mill Loft Street, Unit 8207 Edwords, CO 81632c 97G39G4931| 970-926{,c8'2 michoel@moodesionshoo.com ' 1771ALPINE DR vAtL. co 81657 Legol Description: SUB:VAIL VILLAGE WESI FIL I BLKi LOT:38 Physicol Address: 001771 ALPINE DR VAILAcres: O.22 North-West of Lot l2 - Across streel Properly owned ond being developed by Donlos Builden, Inc. Pleose confocl me wiih ony furlher quesfions or comments. Thonk you. SIGNED: Michoel Pukos 0408-llr-06{l{5-odioconl-Foperty-o$,ndr.doc Pogc.l ot,a . LENER mpp desion shoo POBox4227 0l 13 Mill Lofl Slreef, Unif 8207 Edwords, CO 81632c 97G39G4931t 97G92G0c8,2 michoel@mppdesionshoo.com June 01. 2005 Town of Voil Community Developmenf 75 South Fronloge Rood Voil, CO 81657 fel:.97G479-2139 Fox:,97U479-2152 Regording: Dontos Builders, Inc. PEC Applicotion - A re-subdivision Lotsl0. ll&12 Alpine Drive Voil. CO 81657 Deor sin; The following lols ore the subject of o PEC opplicofion lo be re-zoned. Pleose note: All informolion wos token directly from Eogle County's website dotobose. All three lols ore owned by: DANTAS BUILDERS INC PO BOX 4015 AVON. CO 81620 Lol l0 AccountNumber: RO42787 Porcef Number: 210312312051 Legol Descripiion: SUB:VAIL VILLAGE WEST FIL I BLKi LOT:10 Physicol Address: @1772 ALPINE DR VAIL Acres: 0.29 Lotll AccountNumber: RO4278€ Porcel Number: 210312312052 Legol Description: SUB:VAIL VILLAGE WEST FIL I BLKi LOT:l I Physicol Address: @1778 ALPINE DR VAILAcres: 0.33 Lot 12 AccountNumber: R012758 Porcel Number: 210312312o,44 Legol Description: SUB:VAIL VILLAGE WEST FIL I BLKi LOT:12 0,{ff-lk-0&Ol{5-odlocenl+,operfy-o.nrqs.doc Po99l of 4 -+ ffi* 0l l3 Mill Lofi Slreet, Unit 8207 Edwords, CO 81632 c 97G39G4931 | 970-926482 michoel@moodesionshop.com Physicol Address: 001788 ALPINE DR VAIL Acres: 0.3 Here is o lisl of legol descriplions of odjocenl property owners. North of Lot l0AccountNumber: R012880 Porcel Number:2r0312312006 Owner Nome /Address: MICHEL, JOAN L, REVOCABLE TRUST MICHEL, JOAN L. TRUSTEE 25279 MCCLURG RD VERSAILLES. MO 65084 Legol Description: SUB:VAIL VILLAGE WEST FIL I BLKi LOT:9 Physicol Address: W177O ALPINE DR VAIL o.27 Eost of Lot l0 AccountNumber: ROl6816 Eost of Lot I I Account Number: ROl6814 Southof Lofsll &12 Accounl Number: R0l3l3O Porcel Number: Porcel Number:210312319021 Owner Nome /Address: KIMMEL, NEAL L. 456 COLUMBINE ST DENVER, CO 80206 Legol Descriplion: SUB:HIGHLAND MEADOWS FIL 2 LOT:I7 Physicol Address: ffin70 ALPINE DR Acres: VAIL 1.49 Porcel Number:210312319022' Owner Nome /Address: MESTL, JAMES G. & KATHLEEN C. -JT I4 HAWTHORNE RD BRONXVILLE, NY IO7O8 Legol Description: SUB:HIGHLAND MEADOWS FIL 2 LOT:I6 PhysicolAddress: @22& ALPINE DR l6 VAIL 0.83 0,0-lh-06.0l{5_odrocenf.p gperty-o.rnqs.&c 210312312015 Pqgp 2 of4 ]EilER mpp desion shop PO Box 4227 0l l3 Mill Lofi Streef, Unif 8207 Edwords. CO 81632 c 97G39G4931 t 970-92646€.2 michoel@mpodesignshop.com Owner Nome /Address: AUSTIN, DAVID I739 SIERRA TR vArL, co 8r657 Legol Descripfion: SUB:VAIL VILLAGE WEST FIL I LOT:20 Physicol Addres: 001739 SIERRA TRL VAIL Acres: 0.31 Soulh of Lot 12 Account Number: ROl29l6 Porcel Number: 210312312014 Owner Nome /Address: SPILO, WILLIAM A. I757 SIERRA TRL DR APT D vAtL, co 8r657 Legol Descripiion: SUB:VAIL VILLAGE WEST FIL I LOT:19 Physicol Address: 001759 SIERRA TRL VAIL Acres: O.27 Soulh-Wesi of Lof l2 Account Number: ROl3l00 Porcel Number: 210312312013 Owner Nome /Address: ZELTMAN, ROBERT A. - ZELTMAN JOHNSDOTTER ,MALIN M. -JT ITT9SIERRATR APTA vArL. co 81657 Legol Descriplion: SUB:VAIL VILLAGE WEST FIL I LOT:18 Physicol Address: @1779 SIERRA TRL VAIL Acres: 0.26 West of Lot 12AccountNumber: R0l2B95 Porcef Number: 210312312008 Owner Nome /Address: ALPINE DRIVE LLC 46I TURICUM RD LAKE FOREST. IL 60045 Legol Descripfion: SUB:VAIL VILLAGE WEST FIL I BLK:- LOT:13 Physicol Addres: 001798 ALPINE DR VAILAcres: O.25 North-West of Lots l0 & I I - Across slreet Accouni Number: R013080 Porcel Number:2103r 2307010 Owner Nome /Addres: BIRD, SUSAN MARIESTOUT 0.108_lF_o&O | 45_qdtocenl+.ope.ty-or,mqr.doc Poge 3 of 4 'F remr mpp desion shoo POBox4227 0l l3 Mill Lofl Sfreet, Unil8207 Edword:. CO 81632c 97G39G4931t 97e926{,c8'2 michoel@moodesignshoo.com I77I ALPINE DR vAlL. co 81657 Legot Description: SUB:VAIL VILLAGE WEST FIL I BLK:- LOT:38 PhysicolAddress: 001771 ALPINE DR VAIL Acres: O22 NortFWesl of Lol l2 - Across slreet Property owned ond being developed by Dontos Builden. Inc. Pleose conlocl me with ony further questions or commenls. Thonk you. SIGNED: Michoel Pukos 0108Jlr-Hl {5-oqocent-p.apdly-o.t'rorsdoa Poge 4 of4 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department July 11, 2005 A request for approval of a minor subdivision, pursuant to Chapter 134, Minor Subdivisions, Vail Town Code, to amend the lot sizes and configurations and a request for a final review of a variance from Section 12-6D-5, Lot Area and Site Dimensions and Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,Yariances, VailTown Code, to allow building within the setback, focated at 1772,1778, 1788 Alpine Drive/Lots 10, 11, 12, Vail Village West Filing 1, and setting forth details in regard thereto. Applicant Dantas Builders, represented by Mpp Design GroupPlanner: Elisabeth Eckel SUMMARY The applicant, Dantas Builders, represented by Mpp Design Group, is requesting - pursuant to Chapter 134, Minor Subdivisions, Vail3,illl$;. fiH"::fHii::111?3tsS: Setbacks, Vail Town Code, pursuantto Chapter 12-17,Yariances, Vail Town Code, to ilIIwithin the setback, located at 1772,1778,1788 Alpine Drive/Lots 10, 11, 12, Yail Village West Filing 1. lf approved, this request would result in the creation of ffindacommondrivewayandaccesseasement.Staffis recommending approval with conditions of this application subject to the findings and criteria outlined in Sections Vlll and lX of this memorandum. DESCRIPTION OF REQUEST The applicant, Dantas Builders, represented by Mpp Design Group, is currently undergoing design review of three new residences at Lots 10, 11, and 12, Vail Village West 1"t Filing. Prior to beginning construction, the applicant is proposing to create f*rrrytftg lots from in order to best accommodate the placement of three homes on what is a IFhtaFlFl development area. The applicant's request is bi-fold: in the request for approval of a. minor subdivision, several development standards will not be able to met, from which the applicant is requesting variances. Firstly, the applicant is requesting approval of a minor subdivision, which proposal is prompted by the#for three separate lots. Through such reconfiguration, the new lots wrl/ maintain a smaller size than is allowed by the |il. WPrimary/SecondaryZoneDistrict(15'000squarefeet). Additionally, % in ci:a. However, because of the creation of lots smaller than allowed within the Two-Family Primary/Secondary Dishict, four of the regulations related to Lot Area, Site Dimensions, and required Setbacks will be unable to be complied with, including -|nl rcidgrninta3e, frdrCprcnehns, ffi . Therefore, the applicant is also requesting variances from each of the aforementioned standards. A vicinity map and public notice are attached for reference (Attachments A and B). BACKGROUND Preliminary plans are filed which reflect the proposed development of three log homes on Lots 10, 11, and 12, which were part of Eagle County at the time, in 1980. Thedevelopmentareawasffi,afterwhichtimep|answere submitted for the development of a single-family residence tflFltiFln 1994. The app|icantsimu|taneouslyrffinurfromthefrontandsidesetback regulations. The variance requests included encroachment into both the side and front setbacks on the basis that "ninety percent of the lot is greater hhan 40o/o slope". The applicant's stated hardship icr fEre&fitA'qftrfbsfficra*muuh-ae-pegibb (see Attachment C, applicant's written request). That Planning and Environmental Commission application was tabled on four occasions in the fall of that year, and eventually assumed to be withdrawn. According to the files, preliminary plans were also submitted, in 1995, for a new single-family residence upon Lot 12. However, the only additional documentation on file for Lot 12 states that the plans were withdrawn and the building permit application, expired. No further activity upon or proposals for this development site occured until its purchase by the applicant in 2004. Since November of 2004, tfqp*ca++as+ dd#rGrin order to locate a new single-family residence on each of the three separate lots in West Vail. At a number of its public hearings, the Design Review Board conceptually reviewed each proposal. On March 16, 2005, during a final conceptual review of the proposals for general access and location of the residences,the riwtf{hctltrttfi sid€ -.gfjhedeuetopcrcnt',ma.rvas'the bestp€posal"$oethe'sib (see Attachment D, Amended Final Plat). The Board's sentiment 'gresffiation"ffi ra.gf ea.of 'the.site.ae.poesiHef ROLES OF REVIEWING BOARDS MINOR SUBDIVISION APPLICATION Order of Review: Generally, minor subdivision applications will be reviewed by the Planning and Environmental Commission, and then any appeals would be heard by the Town Council. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a minor subdivision in accordance with Section 13-34, Commission Review of Application; Vail Town Code. tv. Design Review Board: Action: The Design Review Board has no review authority on a minor subdivision, but must review any accompanying Design Review Board 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 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 submifted 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. VARIANCE Planning and Environmental Gommission Action: The PECis responsible for final approval/denial of a variance. The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and 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. 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. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Desiqn Review Board: Action: The DRB has no review authority on a variance, but must review any accompanying DRB application. Town Council: Actions of the Design Review Board or the Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the DRB or PEC erred with approvals or denials, and may uphold, uphold with modifications, or overturn the Board's decision. v. Staff: The staff is responsible for ensuring lhat all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. APPLICABLE PLANNING DOCUMENTS TOWN OF VAIL ZONING CODE Title 12, Zonins Resulations (in paft) Secfion 1 2-OD : Pri ma rylSecondary Di stri ct ( i n part) 12-6D-5: Lot Area and Site Dimensions: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each sife sha// be of a size and shape capable of enclosing a square area, eighty feet (80') on each side, within its boundaries. 12-6D-6: Sefbacks; ln the primary/secondary residehtial district, the minimum ftont setback shall be twenty feet (20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15') Section 12-17: Variances(in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: ln order to prevent or to /essen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, vaiances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing sfructures 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 vicinity. Cost or inconvenience to the applicant of strict or litenl compliance with a regulation shall not be a reason for granting a variance. 1 2- 1 7 - 5: PLA N N I NG A ND ENV I RONMENTAL COMM I SS/ON A CIION.' Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as lt deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. 12-17-7: PERMIT APPROVAL AND EFFECT: Approval of the vaiance shall lapse and become void if a building permit is not obtained and constluction not commenced and diligenfly pursued toward completion within two (2) years from when the approval becomes final. Title 13: Subdivision Resulations (in part) 13-2-2 Definitions Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or rcad or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property. 134 Minor Subdivisions 13-4-1: EXEMPTIONS lN PROCEDURE AND SUBMITTALS: 'Minor subdivisions', as defined in Section 13-2-2 of this Title, shall be exempt from requirements related to preliminary plan procedures and submifrals. Minor subdivisions may be required to submit an environmental impact report if required by Title 12, Chapter 12 of this Code. (Ord. 2(1983) S 1) VI. SURROUNDING LAND USES AND ZONING Land Use ZoninqNorth: Residential Two-Family Primary/SecondaryEast: Residential Two-Family Primary/SecondaryWest Residential Two-Family Primary/SecondarySouth: Residential Two-Family Primary/Secondary VII. SITE ANALYSIS Development Standard Allowed/Requiied Prooosed Lot Area Lot 10 15,ilD sq. ft ++?r;gtt:l? Lot 1 1 1 5,0(N sq. ft 11 ,848 sq. ft Lot 12 15,000 sq. ft. 11,848 sq. fL Frontaqe Lot 10 30 feet(along Alpine Drive)rlt"fcvF Lot 11 30 feet (along Alpine Drive) 30 feet Lot 12 30 feet (along Alpine Drive) 30 feet Site DimensionsLotl0 80 sq. ft area rfnrgFfr.tF.s Lotl1 8Osq.ft.area <80s9. ftareaLotl? 8Osq.ft.area <80s9. ftarea 15 feet 15 feet 15 feet VIII. APPLICATION CRITERIA AND FINDINGS Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. A. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area for the Two-Family Primary/Secondary District is 1 5,000 square feet.friblbd..a&ry'brlr'prug$fl.lf1[p*ng-pl.his rgquirement., The proposed area for each new Lot is 11,848 square feet. Dimension: The Two-Family Primary/Secondary District requires lots to be able to enclose a square with a minimum dimension of 80 feet by 80 feet. NUtfEFtitlF cist*gmor-proposed lots meet this requireme*t" Frontase: The Two-Family Primary/Secondary District identifies a minimum frontage requirement of 30 feet. Though Lots 11 and'l2will comply with this requirement, llre'proposal,,for. Lot 10 includes twenty five feet (25') of frontage {oagiuAlpioerBcive: Setbacks: The Two-Family Primary/Secondary District requires a minimum front setback of twenty feet (20') with which standard each of the proposed Lots will comply. Additionally, the Two-Family Primary Secondary District requires minimum side setbacks of fifteen feet (15'), which standard will be met at the rrbrnpcrirneterof Lot 10-and the w*ternperimeter of Lot 12., B. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning . and Environmental Commission deems applicable....The Planning and Envircnmental Commission shall review the application and consider its appropiateness in regard to Town policies relating to subdivision control, densrfies proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding /and uses and other applicable documents, effects on the aesfhefics of the Town." Side Setbacks Lot 10 Lot 11 Lot 12 .ttt?illilFs|3rddi'rry 10 ft ateast and uresf sl'des #trlrrfcEe'fEdFoat a' The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C) are as follows: 1. To inform each subdivider of the standards and citeria by which development proposals will be evaluated and to provide information as to the type and ertent of improvements required." Staff Response: The applicant was informed as to the standards and criteria by which the proposed plat and future development would be evaluated. Subdivision regulations and development controls establish basic rules which the staff, the PEC, the applicant, and the community can follow in the public review process. Although this request does not involve the creation of a new subdivision it does include the re-subdivision of existing parcels of land. Therefore, the minor subdivision process is the appropriate process to redefine the lot lines and area of Lots 10, 11 and 12,Vail Village West 1"t Filing. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land." Staff Response: This proposed minor subdivision redefines three currently platted lots by relocating the inner lot lines between Lots 10 and 11 and Lots 11 and 12. lst4ines..located at the periphery of the three lots will not be changed and ffitdaneloprnent''of,property'on'adjacent'land will not be dfected' 3. To protect and conserue the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will not negatively impact the value of land within the Town. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: Staff believes the proposed minor subdivision, though not in compliance with the Town's zoning ordinances without the granting of four variances, will achieve a harmonious, convenienl and workable relationship among land uses, consistent with Town development objectives. According to the Goals statement of Title 13, 'These regulations are intended to protect the environment, and to ensure...sufficient open space', concepts to which this proposal is sensitive (Section 13-1-2:B). The effect of this plat approval will not only create equally-sized lots but will ecviOa*e&eess-point,for three lotsj thereby reducing the number of curb cuts along Alpine Drive to a minimum. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schoo/s, parks, playgrounds, 1 recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serue the proposed subdivision. Staff Response: The subdivision regulations are pdmarily inlended to address tsliulFjmmnFoJlalgescalesubdivisionsof.prope$6...49 a result, Staff does dofbelieve that a proposal of this scope will have negative impacts on transportation, water, sewage, schools, parks, playgrounds, recreation, or other public requirements or facilities. 6. To provide for accurate legal descriptions of newly subdivided land and to estab/ish reasonable and desirable construction design standards and procedures. Staff Response: The proposed minor subdivision will allow for a comprehensive approach to the development of three very steeply-sloped sites. The proposed subdivision will allow the applicant to minimize the negative effects to the landscaping at the south side of the development area through the creation of one access easement along the north side of the area, which allows for the location of each of the residences farther north on each lot. 7. To prevent the pollution of air, streams and ponds, fo assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff Response: The proposed minor subdivision will encourage the wise use and management of natural resources throughout the Town by preserving as much of the development area as possible considering the size and topography of the affected lots. Findings: The following findings are used for a Minor Subdivision: 1. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. Variances A. Consideration of Factors Reoardinq Lot Area, Frontaqe. Site Dimensions. and Setback Variances: 1.The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Lot Area The requested variance from required lot area will have no effect on other existing or potential uses and structures in the vicinity, particularly since the lots are currently non-conforming in regard to area. Frontaqe Staff believes that the requested variance from minimum lot frontage will have a positive effect on other existing or potential uses and structures int l-ffi+itr /Ufin3][$g both improving safety along Alpine Drive and decreasing the amount of visible pavement that would othenrise oicur as a result of three separate access points. Site Dimensions The requested variances from required site dimensions will have no effect on other existing or potential uses and structures in the vicinity. Setbacks Staff believes that the requested variances from required setbacks will have a negligible effect on other existing or potential uses and structures in the vicinity, aside from the future owners of Lots 10, 11, and 12. The proposed location of the homes in a clustered fashion still provides more than twenty feet (20') between the exterior walls of each of the residences placed upon these three lots. *rtr+rdaCoae*fl ndcrFrirfr sF The degree to which relief from the strict and 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 a grant of special privilege. Lot Area Staff believes that relief from the strict and literal interpretation and enforcement of the required lot area is necessary in order to allow these sites to be developed in a manner consistent with that of other sites within the vicinity. As previously stated, none of the lots currently meet the criteria for minimum lot area. Frontaqe Staff believes that relief from the strict and literal interpretation and enforcement of the required minimum lot frontage (upon Lot 10) is necessary in order to allow for the smallest area of site disturbance upon all three lots. 2. 1"."^^,^+r^- Ccn ellein.t[gpbi$atj]res.ef.t+*ajlrltb, 3. Site Dimensions Staff believes that relief from the strict and literal interpretation and enforcement of the required site dimension is necessary to achieve sensitive development of lhese lots. Setbacks Staff believes that relief from the strict and literal interpretation and enforcement of the required side setbacks is necessary due to the small size of the lots. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Lot Area The requested variance from required lot area will have no effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Frontaqe The requested variance from required lot frontage will have no effect on distribution of population or public facilities and utilities. However, Staff believes that the requested variance from minimum lot frontage will have a positive effect on light and air, in that less site disturbance will occur, thereby maintaining three home sites with as much vegetation as possible, considering the scope of construction and the steep slopes. Staff also believes that the requested variance from minimum lot frontage will have a positive effect on "transportation and traffic facilities" and "public safety'' by creating only one driveway cut along Alpine Drive, likely decreasing the probability of accidents occuning along what is already a dangerous curve in the roadway. Site Dimensions The requested variances from required site dimensions will have no effect on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Setbacks Staff believes that the requested variances from required setbacks will have a negligible effect on light and air, primarily between the lot lines of Lots 10, 1 1, and 12. Because the farthest east and west setbacks of the three lots will be maintained, the light and air of property owners outside of this development area will not be affected. Staff believes that the requested variances form required setbacks will have no effect on distribution of population, transportation and traffic facilities, public facilities and utilities and public safety. Such other factors and criteria as the commission deems applicable to the proposed variance. 4. l0 B. The Plannino and Environmental Commission shall make the followinq findinqs before qrantinq a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. 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 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. 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. STAFF REGOMMENDATION The Commun Development Department recommends ffi of the , pursuant to Chapter 134, Minor Subdivisions, Vail Town Code, to amend the lot sizes and configurations; and a request for a final review of a variance from Section 12-6D-5, Lot Area and Site Dimensions and Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow building within the setback, located at 1772, 1778, 1788 Alpine Drive/Lots 10, 11, 12, Vail Village West 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 presented. Minor Subdivision Should the Planning and Environmental Commission choose to approve this minor subdivision, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission approves the Amended Final PIat Vail Village West Filing No. 1, A re-subdivision of Lofs 70, 71, and 72, pursuant to Chapter 13-4, Minor Subdivrsions, Vail Town Code, to allow for an amendment to lot sr2es and configurations located at 1772, 1778, 1788 Alpine Dive/Lots 10, 11, 12, Vail Village West Filing 1, and setting forth details in regard thereto. 1l Should the Planning and Environmental Commission choose to approve this plat amendment request, the Community Development Department recommends the Commission makes the following findings: 1. That the application is in compliance with the intent and purposes of the Subdivision Regulations, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deerns applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, denslfies prcposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the sunounding /and uses and other applicable documents, and effects on the aesfhefics of the Town. Lot Area. Frontaqe. and Site Dimension Variances ThecommunityDeve|opmentDepartmentre@mmendsWofa Dimensions, pursuant to Chapter 12-17, own Code, to allow for the construction of three new single-family residences , 1i7'78' 178&Alpine,Drive/Lots 10, 1 1 , 12, Yail Village West Filing 1 , and setting 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 presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6D-6, Sefbacks, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for the construction of three new single-family residences located at 1772, 1778, and 1788 Alpine Drive/Lots 10, 11, and 12, VailVillage West Filing 1 and setting forth details in regard thereto, subject to the followin,*gt"p^fi1lgyt*s;S 1. This apprcval shall be contingent upon the applicant receiving Town of Vail approval of the design review application assoclafed with this variance request. 2. The applicant shall maintain a limits of disturbance line as shown on the site plan. No building encroachments or construction disfurbance shall be allowed beyond this line. 3. Prior to submittal of a building permit for Lot 10, Lot 11, or Lot 12, the applicant shall record with Eagle County the amended plat, reflecting fhe access easement and ifs assocrafed language. 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: t) 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family Residential Distict. 2. The gnnting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to propefties or improvements in the vicinity. 3. fhts 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 Tifle 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the vaiance 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 prtvileges enjoyed by the owners of other propefties in the same district. Setback Variances The Community Development Department recommends approval, with conditions, of a variance from Section 12-6D-6, Setbacks, pursuant to Chapter 12-17,Variances, Vail Town Code, to allow for the construction of three new single-family residences located al 1772, 1778, 1788 Alpine Drive/Lots 10,11,12,Vat Village West 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 presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6D-6, Setbacks, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for the construction of three new single-family residences located at 1772, 1778, and 1788 Alpine Drive/Lots 10, 11, and 12, VailVillage West Filing 1 and setting forth details in regard thereto, subject to the following condition: 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application assoclafed with this variance requesL 2. The applicant shall maintain a limits of disturbance line as shown on the site plan. No building encroachments or construction disfurbance shall be allowed beyond this line. IJ 3. Pior to submittal of a building permit for Lot 10, Lot 11, or Lot 12, the applicant shall record with Eagle County the amended plat, reflecting fhe access easement and ifs associafed language. 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 properfies c/asslfed in the Two-Family Residential 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 wananted 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 same distict. 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. ATTACHMENTS A. Vicinity Map B. Public Notice C. Applicant's Request D. Reduced Copy of Amended Final Plat t4 Atlachment A[:cIEiIE Eie3t;;Ti;F3E'TK5g :; t9 : I b tl = p OE Attachment B THIS ITEM MAY AFFECT VOUR 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 July 11, 2005, 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 13-1 2, ,- Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to VolDZl existing property lines; and a request for a final review of a variance from Section 12-6D- . , t. h f-l * 5, Lot Area and Site Dimensions and Section 12€D-6, Setbacks, VailTown Code, ^n&W -F\ pursuant to Chapter 12-17,Vanances, Vail Town Code, to allow building within the lr' - Vr- setback, located at1772,1778,1788 Alpine Drive/Lots 10, 11, 12,Yail Mllage West Filing 1, and sefting forth details in regard thereto. Applicant: Dantas BuildersPlanner: Elisabeth Eckel A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area, located at 3967 Lupine Drive/Lot 18, Block 1, Bighom Subdivision Addition 1, and setting forth details in regard thereto. Applicant: Wlliam and Jan BurrowPlanner: Wanen Campbell A request for a final review of a variance, from Section 12-'13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for additional Gross Residential Floor Area, located at 2883 Kinnikinnick Road/Exception to Phase ll, Vail Intermountain Swim and Tennis Club Condominiums, and setting forth details in regard thereto. Applicant: Chuck OgilbyPlanner: BillGibson 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 970-47$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 June 24, 2005, in the Vail Daily. , I. .LETTER Attachment C mop desiqn PO Box 4227 0l l3 Mill Lott Street, Unit 8207 Edwords, CO 81632 c 97G39G4931 t 970-9264682 michoel@moodesignshoo.com Deor sin; This letter serves os the required stolement io oddress to Town's list of concems os oullined in the PEC Applicotion. o. The proposol. for lhe obove mentioned lots, is fo; l. Re.subdivide the fhree lols. i. The re-subdivision brrcelscny forthaflacar-d of the Uuiningrercabof te*reeld dE+dhsFe d*lo'ls. ii. The three lols will be re'subdivided such thol eqch of the lhree lols will be relotively equol in size. 2. Creofe o drivewoy ond ulility occess eosemenl for lhe lhree lots. i. One drivewoy ond utility occess point from Alpine Drive will be creoled lo occess eqch of the three lofs. 3. Be gronted o vorionce for the side yord sel-bocks from l5' lo l0' where eoch lot obufs one onofher.i. The Eosl side of Lof l0 ond the West side of Lot 12 will moinfoin lhe stondord l5'side'yord setbocks. ii. The side-yord sefbock vorionce will not offecf fhe exisling structures to the Eost ond Wesl of lhe proposol. b. The DRB hos gronled concepluol opprovol for fhe singulor ddvewoy occess ond re.subdivision of lhe three lots. They hove been presented over twenfy (20) differenf options for lhe occess of the lhree lols, ond hove concluded thot this opiion besl meefs the Town of Voil's guidelines ond objectives. The noture of eoch of the buildings ond site design is consislent wifh lhe , Town of Voil's guidelines ond objectives in lhot it ollows for lhe /l developmenf of the three lols in o monner thot hos the leosf omounl of )/- ' ,,, sitedisfurbonceondollowsforthegreotesf diversityondinterestin t,.i/',.1/,.,, building design. lt is recognized f hqt q significont number of lrees will be -h lil/f , U{ fi/Jremoved ond consideroble sife disturbonce will occur due to excovolion z' ['lU' ililt', ^/Every effort will be mode lo reploce os mony lrees os possible ond creofe l' f I ' ,tlf o finished londscqpe thot will be on qssef to fhe community ond the Voil illf li Volley. c. The proposol will not hove o mojor impocl of Town of Voil trqffic potterns, 1 os the lhree proposed homes to bgdgyejEleQ will occes Alpine Drive- .rrt/u'frp.""eotit"*".r.mal6dm ;i m a*.Theitoposal /'2t' wilf nol hove ony odverse impocl on odjocenl properiies. The singulor '/ ddvewoy occess will ollow for more londscoping to be inslolled olong Alpine Drive (which is cunenfly o severe cul in lhe hill side which is noi oppeoling to look ot ond is prone lo sloughing off ond sedimenl woshing onto lhe rood|. t/ ttdYV 0,408-tk-0t2445-PEc.doc Poge 2 ot 3 ,,,- . IEIIEB mpp desion shoo POBox1227 0l 13 Mill Loff Streef, Unif 8207 Edwords, CO 81632c 97G39G.f931t 970-926462 michoel@mppdesionshop.corn d. Ihe singulor drivewoy occes will be o sofer occes poinl fo Alpine Ddve fhon fhree seporote drivewoys. Considedng thot Alpine Ddve is o sfeep rood ond in the winler monfhs if is covered in ice ond snow due lo lhe northem exposure, hoving one vehiculor occess poinl creoles less impoct lhon lhree occes poinls. Pleose confoct me with ony furfher queslions or commenls. Thonk you. SIGNED: Michoel Pukos Cc: 0l08Jtr-0S2,145-PECdoc Poge 3 of3 r" IEITER mpp desiqn shop PQ Box 4227 0l l3 Mill Loft Slreet. Unil8207 Edwords, CO 81632 c 97G39G4931 f 970-926482 michqel@mppdesignshoo.com Deor sirs; Due to lhe steep noiure of the lhree lots involved, it is felt thot_lhege lqliq1ces the besl cepfuol opprovol ond supports the de-signlor lhe singulor drivewg4occ_ess, E[bdivision of lhefhree iots, ond fhe vorionces requested. 7 RtrAl-Y This opplicolion is for lhe following proposed vqrionces from lhe Town of Voil sfondords;l. Lot Areo ond Site dimensions o. Minimum lot oreo sholl nol meel lhe Town's stondords of 15,000 sq ff minimUm l,rIG. i. As cunenily subdivided, the exisfing lols do nof meet lhe --minimuriflot siil --- -b. Lot frontoge sholl nol meel lhe Town's stondords ol30:ln!nuBJm" i. The re.subdivision will ollow lots I I & 12lo meef lhe minimum fronloge requirements, however lq!pEi@!,_ meel lhe minimum requirements for fronfoge. i. As c-Vrlqnllv subdiyided, lhe eXsling lols do nol meef lhe /'1 minimum lot size. - I 2- Setbocks ,l o. Be gronted o vorionce for lhe side yord sel-bocks from I 5' io l0' where eoch loi obuts one onother.i. The Eosf side of Lot l0 ond the Wesl side of Lot 12 will moinloin lhe slondord l5' side-yord selbocks. ii. The side-yord selbock vorionce will noi offecl lhe exisling structures lo fhe Eost ond Wesl of lhe proposol. b. The issues of lhe side vord setbocls hqve been oddressed in o tion. This leller serves os the required slolement to oddress to Town's_lisf of outlined in the PEC Applicofion. The vorionces requesled will not hoVe ony negcifive inipoct oh dl"ry ts ohd-3ffi6fures, no ore requested b.The vorionces requesled reQording will not differ significonlly from fhe exisfing lot configurofions.l. The existing lol size of eoch lof is less thon the Town siondord of 15,000 sq fl. The lhree lofs hove been re-subdivided such thof they ore equol in size. The new size of eoch lot will be less thon 15,000 sq ft. 2. Onlylof l0will hqve o fronloge of les fhon 30'- Lots I I & 12will hove fronloges thol meet the Town's slondords. Lol l0 will not hove drivewoy occess to Alpine Drive - lhe singulor drivewoy minimum ftonloge requirements, norl,ruuriftw:,rrIql._ W U ,pfr,meel lhe minimum requirements for fronfoge. V ' , t Al,lF Eoch fot will nof be copoble of enclosing o squore oreo of 80' on A ilt U - JEoch fot will nol be copoble of enclosing o squore oreo of 80' on ' / " l/'^ A ll'ueochside. t unat ol"' i. As c_Vrlqnllv subdiyided, lhe eXsling lols do nol meef lhe /"/Y' l, minimum lot size. '- f U ' Ar/"d Eal*fr 'flw | ) lrvt ,"ry :;;;j'tv 046_lk_061 Oos_vcrbncedoc Pogp 2 of 3 . IENER mpp desiqn shop PO Box 4227 0l 13 Mill Lofi Streef, Unif 8207 Edwords. CO 81632 c 97G39G4931t 97G9264682 michoel@mppdesignshop.com design for occess to the lhree lots is lor lhe drivewoy lo enter on Lot 12 ond cross lols I I & 12. This issue is being oddressed in o for the fhree lots. 3. The exisfing lots de nol meet the size requiremenls for o squore of s6' on ebc1r1ide. tieiewlbft6nnd.rrofions willnot meet this Istondord. I iN The voriqnces will nof hove ony more significonl impoct on lighl ond oir, ..^l)L J' , one occess point lo Alpine Drive, rother thqn lhree. d. The vorionces ore keeping with the Town's objectives in thot the vorionces ollow occess to the building sifes in monner thot minimizes lhe possible ond inevitoble impocl ond sife dislurlconce. The vorionces olso ollow for orchiteclurol ond londscope designs thql ore voried in nolure. yef hove common lhemes, which will be qn osset lo lhe locol community ond lhe Volley os o whole. Pleose contoct me with ony further questions or comments. Thonk you. SIGNED: Cc: Ihe voriqnces will nof hove ony more significonl impocf on lighl ond oir, ,,j! { . nltLIpopufotion, troffic, focilities, efc. thon if the vorionces were not being /lfv't t lilr ttl r ^requested ond the three lols were being developed individuolly. t ilJ, t _tW' ,u[l' Vehiculor ond utility occess to Alpine Drive will be less in thqf the P' ,,n1lw ,,,6[r vorionces ollow for the lofs fo be developed in o monner lhot hos only J-" ,W" OlG_lir_o&lGo5_vdb,Ee.doc Poge 3 of 3 ;i li'Hi Elg ri; ii gE: i:i EE i!I: i;$ iE ii 5! d?E E: ;;Ei *i ig iiEiigiE;s;;iiiiEiiiiiE;liiEiiEgiiiiiii3at5 Ir a Ig ia b3a56E6-at:::li€t96EIE3g9:;ziA2$st:69tii'$iiastic:!xFi t6EEiiiitrt!iFisis8;:Cd95:t;tBgii Eit:iE 5ElEEi i;Eii; _qrfritor II6,Ir<.;El.si.;IEEEE9Ee{atFl*l;91c ili rlI er3I.r tLl!i3!E };aEiEg$t iE t_.: ddF 81Er I;; I3i I rts I IE Er I H! i;q lir Pi I l-E Ea"! lgE 9ii lE tE:r$ ir!i :$Esti iiE;.!E!;i::;t; iE;E:gqiE, iiE! l:e E ig: .]i 9l:F ! 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Naoeofhgur€d: DAT.ITAS EUTLDERS,INC., ACOLORADO CORPORAIION C'T-7 *I c>o5\ 3, Tlre eitate or ldertst b thp land dcscribed or reforred o In ltb Scbsdr& md nHrfi is qvered Dy llb polby is: A Fee Siutptc 4. Tttle to tbe e$rio or furst covered oy tris pothy 6t th3 dntc h'tof ls vcd ln: DAI.TTAS BIIILDERS, INC., A COLOR-ADO CORPORATION 5. lhe Lnd lefernd to ln ttUr Bomy k daecribed u follone: L(yI.s t0, rr AilD 12, VAILVILUGBWESTFIUNGNO. I' ACCORDINCTOTITERECoRDED N.AT THERFOR COI,NTY OF 8/TGLE, STAIE OF COTSNADO. TtE PolL1l vslid ooly tf Scte&lc B b etradd- Iard Ttlc Guarantee CoqPnY B€prcsedng Cblcsgo llllo Imroce Cotopery Rsrul.ad llav-31-2005 0Z:Z0pn Fru-To-Gors Ran& Survsylnf Pa& 002 LTGPolicl No. CTAntO05006 l'orzrAO/CFf CNcagPPolicYNo- 7210646'$s08 Orn0rderNo. V50005006 ScltduteB 1. ,, J, tlls policy does oot inSUc egainm lOSs or damege (ud 6e CorFmy will not pay coss' anutreyd ftX ol oEeooes) wlic.[ rri* by cason ofi Geoeral ErccPdoos: RigDsorclairnsofpanieJiaPossessimnotsho$mbyrtcpub|ictEo'ds' E0scolcs6'orclsiDtsofeese@ct'rs,oorshownhytltcpoltlicrecoldg. DiScGpawiCS, confiIcts in bOrnrlary tises, SttorEge h ale4' (pCfoacbDents.rnrl auy &cts uAidt s cort0ct sunEy Sd f"rp..,ir" ,r trr p,reolres wnutrl disclosc ;nd whic[ art not Slrown by tre public rucords' Aly licn, or rigfu o a tisr. br servlces, labor, or orredal hel€tofrc or hfieefter fioisltctl' inposed by law ud ror sluwn by OcPttblic r€ccds. 2q}4TAXES NOT YETDUEAND PAYABIJ. RTGfIT OF PROPRIETOR OF A VEIN OR LODE TO E}$ttJ{CT AI'ID REMOVE IIIS ORE immnrnou strour.D fitE SAr\dE EE ForrND To PENBTRATE OR rNTEa,sEcT TIIE PREMISES as nusElrnEo rN SNITED grATEs PATENT RECoRDED ocToBER 04' l9l8' IN BooK 93 ATPA@30I. RICIIT OF WAY FOR DMCHBS OR CANALS CONSTRUSIED BY TIIE AUITIOHTT OF TIJE iji.nruo-starns As REsffvED IN UNlrm STATES PATENTREcoRDED ocToEEn 04' t9t8, lN tsooK 93 ATPAGE30l. RESTEKTIVE COVENAITITS WItrCT DO NOT CONTAIN A FORFEIfl'N.B OR REVERTER CIIIJSE, iirn'orurrrnqc ANy covENANT oR RESTRIciloN BAsED oal trAcE colon" RELIoIoN' Ifri, rilirDtcAp, FAMTLnL srAfits oR NATToNAL oRIcIN uNLgss AND oNLY To rHE ffiiCT'irtAr Sin COrnwerCr (41IS F65MPT UNDER SHATTEI'42' sEc'ItoN 36rt oF flmu}irrED srAlES C!oDEoR (B) REIATES TOSANDICdPBInDoES Not irscniihuarc AGAINsT HANDtcAp pERsoNs, As coITTAINED lN $rSrRuMEl{T nEcoRDBD OCIOUER,25. 1963. IN BOOK I?8 AT PAGE I'+9 AITID AS AIIE!{DED ININSTRUMENT nscoRDno DECEMSER 6, t96ts.IN EooK 178 ATPA@:145' RESERVATIO}IS OF ATENFENTENTNON-P^RTICIPATINC ROYALTYINIERESTCOIiITTINEI) nf WAIiR $ft'f DEED RECORDED OCTOBER 30, 19@ IN BOOK 166 AT PAGE {07. I]TILTY EASEMENTS 5 FEtrIN WIDTTT AIONGAI.LRE/{RANDSIDEI{TLIfiES AS *ninnrruP ON TIIE PI.AT OF VAIL ULI.AGE WEST rujNG NO. I. 4. 7. 9. r0. Recoirsd lhy-31-2005 0Z:20n Frr TrGors Ran$ Survollng h& 003 LTG Potlcy No. CTAI50005006 Fblm ChlcrfPhlicyNo- 721C6,464sM Our(hdcrNo. V50005006 Sdredute' tl.EASBMENTS,REsERvATIoNsAI'ID-FEIEICTIoNSASSIIowNoRRESERVEDoNl|flE [rconpuo PIaT oF vAtr- vIllAG vvEsr. FILING No' 1' 12. TITE AFFECT OF ITNMAINTAINED ROAD-CI'T OR DMSI TA/IVSRSING ST'BJECT PR'OTERTY AS s*owN ou nre ffi-ovir,clrr rrocATroN cERTTFIcATE PREFARED BY sTAnBucK iiiiwtons & EIIGINEERS, DATED 512101, IoB No' 20r-27' 13.DEEDoFTBUSTDATEDIuLY|4,zn4,.FRoMDA$|TAsBuIIDEss,INc.'AcoloRADo coRFoRATIoN rriiirr puruc rnusrrs or reauu coIlNrY FoR TI|E usE oF FIRSTE I'IK Or 4VON TO SECURCTHE SIIM OF $280,m0.00 RECORDEDJULY [9,2004, UNDER RECEmONNO- 884479' TTEMNos.tT}IRoUGH3oFTIIECIENERALExcTTnoNSIREffiREBYDELETED' ITEMNo.4oFTHEGENERALEI(cEFnoNSISDELETEDH(CEPTASToA}IyLIENS REsuLTrNCI rnoriw-&iloe MtTFRtAr.coMRAcrED FoR oR FUru{aHBD AT TE nEQ0Ellr OF DANTAS EUILDERS, INC., A COLORADO CORPC}RATIOI{' Department of Community D evelopment 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FztX 970-479-2452 www.vailgov.com June 8, 2005 Michael Pukas Mpp design shop PO Box4227 Edwards, CO 81632 Fax: 970.926.0682 Dave Dantas cy'o Danlas Builders lnc. PO Box 4015 Avon, CO 81620 Fax: 970.949.9700 Re: 1722, 1778, and 1788 Alpine Drive/Lots 10 - 12, Vail Village West l"tFiling Application for a minor subdivision PEC05.0045 Dear Sirs, Thank you for submifting an application for a minor subdivision request for the referenced lots from the Planning and Environmental Commission. However, please be aware that an additional application must be submitted for a variance from the following standards within the Primary/Secondary zone district: minimum lot area, minimum frontage requirement, site dlmensions, and setback requirements. Only one variance application needs to be submitted, but it must address each of the above issues. The following section from the Vail Town Code may be helpful in explaining the need for a multi-faceted variance request. 12-6D-5: LOT AREA AND SITE DIMENS/ONS: The minimum lot or site area shall be fifteen thousand (15,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80') on each side, within its boundaies. 12-6D-6: SEIBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20'), the minimum srde setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15'). Because adjacent property owner envelopes were already submitted, that aspect of the submiftal requirements no longer needs to be fulfilled. However, the remaining submittal requirements for a variance application remain valid, including submission of the associated fee. I have attached the application for your convenience. The application deadline for the July 11th Planning and Environmental Commission meeting is this coming Monday, June 13'n. In order to retain placement of these two items on the July 11'n agenda, a complete application must be submitted to our Department by noon on that day. f,-p^"t"""o"' enclosure Department of Community Development 75 South Frontage Road l/ail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.vailgov.com July 1 1, 2005 Michael Pukas Mpp design shop PO Box 4227 Edwards, CO 81632 Dantas Builders PO Box 4015 Avon, CO 81620 Re: 1772, 1778, and 1788 Alpine Drive/Lots 10, 11, and 12, Vail Village West 1't Filing Planning and Environmental Commission review of a minor subdivision and variance requests PEC05-0045 Dear Sirs, Congratulations on receiving final Planning and Environmental Commission approval of a request for a minor subdivision and a request for variances from the minimum lot size, minimum frontage, site dimensions, and side setback requirements within the Two-Family Primary/Secondary zone district. The proposal was unanimously approved by the Planning and Environmental Commission as part of an ongoing application to develop three home-sites located to the south of Alpine Drive in West Vail, subject to the following conditions: 1. This approvat shalt be contingent upon the applicant receiving Town of Vait approvat of the design review application associated with this variance request. 2. ihe applicant shall maintain a timits of disturbance line as shown on fhe site plan. No building encroachmenfs or consfruction disturbance shall be allowed beyond this line. 3. Frior to submittal of a building permit for Lot 10, Lot 11, or Lot 12, the applicant shatl record with Eagte County the amended plat, reflecting the access easement and its associafed language. Please let me know if I can be of any further assislance with this application. I have enclosed the appropriate approval forms for your records. Thank you, as always, for your patience in whai is not always a simple design review orocess. Elisabeth Eckel 970.479.2454 enclosure {p ^""".uo r,,r'u. From: Tol Date: Subject: George Ruther Elisabeth Eckel 06/09/2005 10:46:54 AM Re: Dantas Lots 10-12 re-addressing I was attempling to respond to the requests of others (E-91 1). I defer to others on this. Thanks. George Ruther, AICP Chief of Planning Town of Vail (970) 479-2145 office (970) 376-2675 cell (9701479-2452fax gruther@vailgov.com >>> Elisabeth Eckel 06/09/2005 10:21:55 AM >>> Hi George: Sean and I spoke yesterday aboui the need to re-address Lots 1 0-1 2. He said that he m ight prefer that the Lots retain the numerical addresses that are used today, in spite of the proposal for only one curb cuUaccess point. That preference is largely based upon mainiaining consistency in address numbers along Alpine Drive. I began to think of similar site planning scenarios and was reminded of the Cortina Chalets, each of which shares a common driveway with one a@ess point, while maintaining unique numerical addresses. In sum, is it necessary to re-address these Lots based upon their single access route? Thanks, elisabeth Status: I Approved Gorumuuw DEVELopMENT Roulttc Fonrtl X Approved with conditions I Denied Routed To:Fire Date Routed:06/08/05 Routed By:Elisabeth Eckel Date Due:06/15/05 Description of work:Minor Subdivision - property line change Address:1772, 1778, 1788 Alpine Drive Legal:Lot:10, 11, 12 Block:Subdivision:VailVillage West 1" Filing Gomments:Date Reviewed: Need additional review by Fire