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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, ; :=
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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)
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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
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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"
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DAI.TTAS BIIILDERS, INC., A COLOR-ADO CORPORATION
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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