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HomeMy WebLinkAboutPEC130010 and 0038 Casolar Plat and Varaince Memorandum and Attachments0 rowN of vain Memorandum To: Planning and Environmental Commission From: Community Development Department Date: January 13, 2014 Subject: A request for the review of a variance from Section 12 -6E -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single - family residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. (PEC130010) A request for the review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto. (PEC130038) Applicant: Todger Anderson, represented by Braun Associates Planner: Warren Campbell I. SUMMARY The applicant, Todger Anderson, represented by Braun Associates, is requesting a density variance to allow for an increase in the allowable number of dwelling units upon the Casolar Vail property which is zoned Residential Cluster (RC) district. The requested variance will allow for two remaining undeveloped platted lots, Lots 4 and 5, to be developed within Casolar Vail. An additional application to relocate the boundaries of platted Casolar Vail, Lot 5 has been submitted to facilitate the development of the lot. The proposed relocation of Lot 5 is necessitated due to the construction of structures within the boundaries of Lot 5 for the developed adjacent Lot 6 Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approves these applications subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Todger Anderson, represented Braun Associates, has submitted two applications to facilitate development upon Lots 4 and 5 of Casolar Vail which are currently vacant. Casolar Vail was approved in 1978 with 10 platted lots containing 19 dwelling units (nine (9) two - family duplex structures and one single - family structure). Pursuant to the development plan approval for Casolar Vail, Lot 4 was identified as containing a single - family structure of 1,690 square feet of GRFA and Lot 5 was identified as containing a two - family duplex structure of 3,380 square feet. The total number of dwelling units and GRFA approved for Lots 4 and 5 were three (3) dwelling units and 5,070 square feet of GRFA. As a result of amendments to the density control section of the RC district in 1979 (approximately one (1) year after the development plan approval for Casolar Vail) the development was rendered nonconforming with regard to the number of allowable dwelling units permitted. The 1979 RC district amendments changed the calculation of allowable density from a calculation based upon the total site to a calculation based upon "buildable area ". As buildable area removes those portions of a site which exceed 40% in slope from the calculation of allowable density, Casolar Vail was impacted due to portions of the property containing slopes in excess of 40 %. The effect of this change in density calculation was a reduction in the allowable number of dwelling units from 19 to 14. The requested variance proposes to reestablish the ability to develop Lots 4 and 5. The request proposes to establish the allowable density for Casolar Vail at 18 dwelling units, with Lots 4 and 5 being permitted a single - family structure on each lot. The request proposes to split the previously approved GRFA for Lots 4 and 5 at 2,535 square feet for each lot for a total of 5,070 square feet. In order to pursue the development of Lot 5, an exemption plat application has been submitted to relocate Lot 5 by shifting the lot north approximately 20 feet. This proposal is necessitated by the construction of the driveway access for the duplex structure currently constructed on the adjacent Lot 6, within the platted boundaries of Lot 5. A vicinity map (Attachment A), the applicant's written request for the density variance (Attachment B), the applicant's written request for the exemption plat (Attachment C), and the proposed amended plat for Lot 5 (Attachment D) are included for review. III. BACKGROUND In 1978 the development plan for Casolar Vail was approved by the Town of Vail pursuant to the RC district. The development plan included 10 platted lots containing 19 dwelling units. In 1979 zoning code amendments changed the methodology for the calculation of allowable density within the RC district. The result of this amendment was the reduction in the number of allowable dwelling units within Casolar Vail from 19 to 14. There are currently 16 dwelling units constructed within Casolar Vail. Town of Vail Page 2 As a result of the 2004 GRFA calculation and measurement amendments, a revised density and GRFA analysis was required of preexisting developments to establish remaining development potential. This recently completed analysis identified the nonconformity with regard to density within Casolar Vail. IV. APPLICABLE PLANNING DOCUMENTS Chapter 12 -6E: Residential Cluster District (in part) 12 -6E -1: Purpose: The residential cluster district is intended to provide sites for single- family, two - family, and multiple - family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12 -6E -8: Density Control: A. Gross Residential Floor Area: Not more than thirty six (36) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed six (6) dwelling units per acre of buildable site area. A dwelling unit in a multiple - family building many include one attached accommodation unit no larger than one -third ( /3) of the total floor area of the dwelling. B. Exemptions: All projects that have received final design review board approval as of December 19, 1978, shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. Chapter 12 -17: Variance (in part) 12 -17 -1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures 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. Town of Vail Page 3 Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. Chapter 12 -18: Nonconforming Sites, Uses, Structures and Site Improvements (in part) 12 -18 -1: Purpose: This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. 12 -18 -2: Continuance: Nonconforming sites, uses, structures, and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this chapter. Sites, uses, structures, and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations. 12 -18 -5: Structure and Site Improvement: Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations: A. Lot And Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable to the addition. B. Density Control: Structures which do not conform to density controls (includes GRFA and dwelling units /acre) may be modified, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure. Town of Vail Page 4 C. Open Space And Landscaping: Structures or site improvements which do not conform to requirements for usable open space or landscaping and site development may be enlarged; provided, that the usable open space requirements applicable to such addition shall be fully satisfied, and provided that the percentage of the total site which is landscaped shall not be reduced below the minimum requirement. D. Off Street Parking And Loading: Structures or site improvements which do not conform to the off street parking and loading requirements of this title may be enlarged; provided, that the parking and loading requirements for such addition shall be fully satisfied and that the discrepancy between the existing off street parking and loading facilities and the standards prescribed by this title shall not be increased. Title 13: Subdivision Regulations (in part) 13 -2 -2 DEFINITIONS EXEMPTION PLAT. The platting of a portion of land or property that does not fall within the definition of a "subdivision', as contained in this section. 13 -12 -1: EXEMPTION PLAT REVIEW PROCEDURES PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13 -12 -2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats ", as defined in section 13 -2 -2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13 -12 -3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13 -3 -4 of this title. Town of Vail Page 5 V. ZONING ANALYSIS Address: 1141 through 1191 Casolar Del Norte Drive Legal Description: Lots 1 — 10, Casolar Vail Zoning: Residential Cluster District Land Use Plan Designation: Low Density Residential Current Land Use: Two - family Structures Geological Hazards: Medium Severity Rockfall Standard Allowed /Required Existing Proposed Development Area 139,392 sf (3.2 acre) no change no change Lot Area 2,400 sf 2,400 sf no change (each of the 10 lots) GRFA 37,800 sf 29,950 sf no change Density 14 DUs 16 DUs 18 DUs Setbacks Front 20 ft 20 ft no change Sides /Rear 15 ft/ 15 ft 15 ft no change VI. SURROUNDING LAND USES AND ZONING Existing Use North: Single- family Residential South: Multi- family Residential East: Two - family Residential West: Multi- family Residential VII. CRITERIA FOR REVIEW Variance Review Criteria 7nnP nictrirt Single- family District SDD No. 5, Vail Run Resort/ Simba Run Low Density Multiple - family District Residential Cluster District 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The Casolar Vail subdivision was recorded on June 19, 1978, containing 10 residential lots. The location of Lots 4 and 5 Casolar Vail is at the terminus of Casolar Del Norte Drive, a private road serving only the Casolar Vail development. Lots 4 and 5 are the only undeveloped lots within Casolar Vail. The developed lots within Casolar Vail are all two - family duplex structures. The variance proposal requests that the allowable density for the structures on Lots 4 and 5 be single - family residences, which is a reduction in the number of dwelling units included in the approved development plan by one (1). The proposed allowable GRFA for Lots 4 and 5 will total the 1978 development plan Town of Vail Page 6 approved GRFA for the lots (5,070 sf). If approved, the structures constructed on Lots 4 and 5 will be of a scale which reflects the current structures in Casolar Vail. Therefore, Staff believes this proposal will not negatively affect the existing or potential uses and structures in the vicinity. 2. 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. As previously discussed the development plan for Casolar Vail was approved prior to the adoption of the current regulations regarding the calculation of density based upon buildable area and not total lot area. The approved development plan included the platting of the 10 lots anticipated for future construction. Until recently, when an analysis was performed to calculate buildable area and measuring the existing GRFA, development on Lots 4 and 5 was anticipated. Additionally, there are currently 16 dwelling units constructed within Casolar Vail when only 14 are permitted. The 16 dwelling units on the site where all constructed prior to 1981. This resulted in an excess of 30 years of time passing before needing to determine the allowable density and GRFA for the development. This variance will result in the outcome which was anticipated since 1978 and had construction continued through the early 1980s all the structures would have been completed and this variance would not be necessary. This variance request will result in a reduction in the development plan approved density of 19 to 18 dwelling units (one single - family structure on each of Lots 4 and 5). Therefore, Staff believes the proposed relief from the density regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The variance request proposes to reestablish the development potential of two existing lots with Casolar Vail. The lots are currently undeveloped, however, were anticipated to be developed. If approved, the variance will permit the construction of a single - family structure on each of Lots 4 and 5. This construction will affect light and air, distribution of population, and traffic facilities within Casolar Vail. However, these impacts were anticipated and addressed in conjunction with the 1978 development plan approval. The current proposal will reduce the impact of vehicular trips within the Casolar Vail due to the reduction to one dwelling unit on Lot 5. There is no negative impact to public facilities and utilities, or public safety as a result of the development of Lots 4 and 5. Therefore, Staff believes the proposed variance conforms to this criterion. Town of Vail Page 7 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Exemption Plat Review Criteria 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and This proposal to relocate the boundaries of Lot 5 is to accommodate future construction of a structure on the lot which is currently impacted by the driveway access for the adjacent two - family duplex on Lot 6. It is unknown why or how the driveway access for the structure on Lot 6 was built within the boundaries of Lot 5. The proposed relocated building lot will maintain the existing dimensions and area of the current platted lot (40 ft X 60 ft). Staff believes the proposal to relocate and reconfigure the building envelope on Lot 5 is in compliance with this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and The proposal to relocate the boundaries of Lot 5 remains in compliance with the standards of Title 13, Subdivision Regulations, and Chapter 12 -6E, Residential Cluster, Vail Town Code. When the Casolar Vail subdivision was initially platted Lot 5 was in full compliance with the RC district. The current proposal is to change the configuration of the platted building envelope, while maintaining the current area of the building envelope, remains in compliance with all applicable standards, such as the 15 -foot side setback. Staff believes the proposed amended final plat which proposes to amend the building envelope for Lot 5 is in compliance with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed amended final plat does not increase the number of lots or configuration of the existing lots within the Casolar Vail subdivision. Staff believes that the proposed changes to the building envelope for Lot 5 does not have a negative affect on the elements listed in this criterion. Staff believes the amended final plat complies with this criterion. Town of Vail Page 8 4. The extent of the effects on the future development of the surrounding area; and Staff believes this proposal will have no negative effects on the future development of surrounding areas for reasons stated previously. Staff believes the amended final plat complies with this criterion. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under- sized lines; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff believes this proposal will have no negative effects on the elements identified in this criterion for reasons stated previously. Staff believes the amended final plat complies with this criterion. Town of Vail Page 9 9. Such other factors and criteria as the Commission and /or Council deem applicable to the proposed subdivision. VIII. STAFF RECOMMENDATION Variance The Community Development Department recommends approval, of a variance from Section 12 -6E -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single - family residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII 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 applicants'request for a variance from Section 12 -6E -8, Density Control, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an increase in dwelling units per acre to facilitate the construction of two single - family residences, located at 1183 and 1191 Casolar Del Norte Drive /Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: 'Based upon a review of Section Vll of the January 13, 2014 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Residential Cluster District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical Town of Vail Page 10 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 Residential Cluster District. C. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Residential District." Exemption Plat The Community Development Department recommends that the Planning and Environmental Commission approves the request for review of a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this exemption plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the First Amended Final Plat, Casolar Vail, Lot 5, Town Of Vail, County of Eaple, State of Colorado pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to amend the platted building envelope, located at 1067 Riva Glen Road /Lot 6, Spraddle Creek Estates, and setting forth details in regard thereto, to allow for the relocation of an existing platted building lot, located at 1191 Casolar Del Norte Drive /Lot 5, Casolar Vail, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this final plat amendment request, the Community Development Department recommends the Commission makes the following findings: "I. That the amended final plat is in compliance with the criteria listed in Subsection 13 -3 -4A, Vail Town Code; and 2. That the amended final plat is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 3. That the amended final plat is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and Town of Vail Page 11 4. That the amended final plat promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Written Application for the Density Variance dated September 2013 C. Applicant's Written Application for the Subdivision Amendment dated November 2013 D. Draft of the First Amended Final Plat, Casolar Vail, Lot 5, Town Of Vail, County f Eagle, State of Colorado Town of Vail Page 12 Casolar Vail, Lots 4 & 5 (1183 & 1191 Casolar Del Norte Drive) Subject Property U UU IUU IOU LUU Last Modified: January 9, 2014 TOWN OF VAILY CASOLAR VAIL DENSITY VARIANCE APPLICATION September 2013 The purpose of this report is to provide information on a density variance proposed for Lots 4 and 5 of Casolar Vail. The following information is provided: • Summary of request • Background on Casolar Vail • Future Development of Lots 4 and 5 • Alternatives to proposed review processes • Evaluation of variance review criteria This application has been submitted by Todger Anderson (owner of Lots 4 and 5 of Casolar Vail) in conjunction with the Casolar Vail Homeowners Association. Summary of Request Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. Due to a number of very unique circumstances (further described below), there is no remaining development potential necessary to allow for the construction of dwelling units on these two platted lots. This variance request to Section 12.6E.8 of the Vail Municipal Code (Density Control section of Residential Cluster (RC) Zone District) is proposed to re- establish development potential to allow for the construction of single family dwelling units on Lots 4 and 5 of Casolar Vail. The diagram below provides a context map for the Casolar Vail project. Casolar Fail Context .flap Iknsity Control Variance Rcqucst Cnsolm V�iil Lots 4 and Background on Casolar Vail A review of Town of Vail files on Casolar Vail indicates that this project has an extensive and arguably complex history with respect to zoning and the development review process. This would appear to in part be due to the fact that zoning and annexation of the property was done in the late- 1970's; a time when Vail was under intense pressure from growth and development. In addition, files indicate that this was the first RC project to be reviewed and approved by the Town and that at that time neither the applicant nor the Town was prepared for dealing with the nuances of monitoring the development of a "cluster development" project. The challenges of this project are well- characterized by a staff memo for a 1981 variance request (for the adjoining Casolar II project) which stated "the applicant appears to be the innocent third party victim of extensive mis- handling of the proiect on the part of Mr. Knox (original developer) " and that "there never was a clear understanding on the part of staff as to the allocation of GRFA — aggregate or per unit ". In 1978 the applicant proposed and the Town approved a plat that created 10 small lots. A copy of this plat is found on the following page and Lots 4 and 5 are highlighted. Each of these ten lots are 2400 SF in size and as such none of them meet the minimum lot size prescribed by the RC Zone District. Given their size, these lots were essentially "building envelopes ", however, they were platted as fee simply properties and each were ultimately sold to individual owners with the understanding that they could be developed within the parameters established by town zoning and the Casolar at Vail CCR's. It was the intention of the project approvals in 1978 and as established in the Casolar CCR's that Lot 4 was to be developed with a single family home and Lot 5 was to be developed with a duplex. Inherent in the "cluster development" approach to the project was the fact that the development potential Casolar was to be determined based on the entire project area and development potential was then to be allocated to individual lots. While the lack of monitoring of development at Casolar as it occurred over time is an important part of the history and problems associated with this project, the real issue at hand are the implications from the 1979 change to the density control section of the RC district which effectively reduced the allowable development potential after the Casolar plat was approved by the Town. The key factors relative to the background of Casolar Vail and the proposed variance request are: • The Casolar Vail plat (refer to next page) was approved in February of 1978 and created 10 fee simple lots with common access and common areas surrounding all lots. This final plat approval arguably established a "vested right" for the development of homes on each of these ten lots. • A total of 19 dwelling units were proposed - the applicants CCR's designated Lots 1 -3 and 5 -10 as duplex lots and Lot 4 was designated a single family lot. The 19 units were equal to what the RC zoning allowed at that time (3.2 acre site at 6 units per acre equals 19 units). lkllSita C0111101 \`ariancc Rcc[uc�t Ua4uohr \ail I ot; 4 and CCR's established by the applicant established a maximum GRFA of I.690SF per unit. This SF equates to a total of 32,110 SF, a square footage that was within what RC zoning would have allowed at that time. In January of 1979 the Town modified the Density Control section of the RC district such that density was based on "buildable acres" of a site, not the gross acreage of a site. This change meant areas of steep slope did not count towards density calculations, effectively reducing allowable dwelling units from 19 to 14. Between roughly 1979 to 1981 the town approved building permits for duplexes on eight of the lots comprising 16 total dwelling units. These 16 units exceeded the 14 units permissible by zoning after the change to density control. I)cnSiu C'011tIol V IFIUI1Cd RCiluc>t C'asultu Vail Lots I and i i N S f� . J r - r O C., Z ft t'1 V `^ m 3 v �o E ..f 0 ZP v a yp i 1978 plat for Casolar Gail created ten lots. DCII,it% Control V.FKInCC RcyuC,t l C,�,olar Vail Lots 4 to d The applicant for the variance request. Todger Anderson. has owned the subject properties since the early 1990's. A few years ago Mr. Anderson inquired with Town staff about the development potential of Lots 4 and 5. Mr. Anderson was told that all allowable GRFA and dwelling units for Casolar had been utilized. In response, the Homeowners Association commissioned a detailed topographic survey of the property to determine the project's buildable area. Mr. Anderson then retained Braun Associates, Inc. to evaluate the project's allowable GRFA dwelling units. GRFA Allowable GRFA based on the new site specific topographic survey is 37,800 SF. Based on square footage calculations of each existing unit the total existing GRFA within the project is 29,950 SF. As such, based on the CCR square footage maximum of 1,690 SF (or 5,070 for the three units), sufficient GRFA exists for the future development of Lots 4 and 5. However, Casolar is considered to be non - conforming with respect to density control because zoning allows for 14 dwelling units and 16 dwelling units currently exist. This also means there is no development potential available for the development of Lots 4 and 5. Density — Allowable Dwelling Units The 1979 change to the density control section of the RC zone district reduced the allowable number of dwelling units from 19 to 14. Between 1979 and 1981 the Town approved sixteen dwelling units and as such the existing density is not in conformance with allowable density. As such there is no remaining development potential for Lots 4 and 5. While changes to development regulations can often affect a property's development opportunities, in this case the change to density control eliminated all development rights on these two platted lots. The variance process was deemed to be the most appropriate and efficient means of remedying this extremely unique situation. Future Development of Lots 4 and 5 There is no development proposed at this time on Lots 4 or 5. With approval of this variance request the development potential of Lots 4 and 5 will be re- established in accordance with the original intention of the 1978 plat for Casolar. Prior to any development of these lots, review and approval of the new homes will be required by the Casolar Del Norte HOA and by the Town of Vail Design Review Board. It should be noted that while the original plans for Lots 4 and 5 included one single family residence of 1,690 SF and one duplex of 3,380 SF (for a total of 5,070 SF), development proposed by the applicant is for single family dwelling units on each lot with each dwelling unit being allowed up to 2.535 SF of GRFA (splitting the allowable 5,070SF between the two units). l)cmit% Control \ ariance Request Casolar Nail loots 4 and Alternatives to Proposed Review Process The goal of the applicant is to re- establish the development rights for Lots 4 and 5 in accordance with the original intentions of the Casolar Vail plat. The variance process is in place. in part to address "exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties ". The situation with Lots 4 and 5 would certainly qualify as an exceptional or extraordinary circumstance. Other alternatives considered for resolving this situation included: • Special Development District The SDD process could be used to increase allowable development potential at Casolar Vail. However, given all factors involved this process would be unnecessarily burdensome. • Re -zone to Medium Density Residential (MDMF) Re- zoning to MDMF would allow 9 units per acre and create development potential for Lots 4 and 5. However, this re- zoning would also increase allowable GRFA to 44 SF per 100 SF of buildable area, a 22% increase over existing. This overall increase to development potential would likely create other unintended consequences. • Code Amendment The RC district could be amended in order to allow for more units per acre than currently provided. This amendment would affect many other properties and as such was not considered a viable way to address this situation. The variance process would clearly be the most efficient and appropriate avenue for resolving this situation. Evaluation of Variance Review Criteria Factors to be Considered The Planning Commission shall consider the following factors with respect to the requested variance: The relationship of the requested variance to other existing or potential uses and structures in the vicinity Response The variance request would merely re- establish development rights that were originally intended for these two lots. The proposed reduction from one single- t7 fainilv and one duplex to two single - family dwellings will serve to improve the relationship with uses and structures in the vicinitv.� f)cnsit% Control VM -iancc RcyuC,t Ca,oku Vail Lot> 4 and 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. Response The degree to which relief from the strict or literal interpretation and enforcement of a specific regulation is no more than what was intended by the original plans for Casolar and as reflected in the plat approved by the Town in 1978. In fact, the applicant has proposed a reduction in density from what was originally planned for the project. The essence of this request is simply to re- establish development rights that were originally intended for the project. 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. Response Lots 4 and 5 were always intended for residential development. As such no adverse impacts would be expected on any of the considerations listed above. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Findings The Planning Commission shall make the following findings before granting a variance: 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 zone district. Response Circumstance with the development of Casolar Vail and the change that was made to the density control section of the PA zone district has eliminated all development potential for Lots 4 and 5. This limitation is grossly inconsistent with limitations on other properties in the same zone district and within the same project. Approval of this variance would re- establish development rights originally established on Lots 4 and 5 and not be a grant of special privilege. 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. Response I)cnsit COMI.01 VM-i t11CC IZLyuCt - -- Casolm \ ail Lets 4 and Lots 4 and 5 were always intended to be developed with single family and duplex residences, respectively. As such. to re- establish these rights would not be detrimental to the considerations listed above. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulties or unnecessary physical hardship inconsistent with the objectives of this title. Response The change to density control approved in 1979 effectively removed development rights established by the Casolar Vail plat that was approved in 1978. The strict and literal enforcement of this regulation creates a very significant practical difficulty for the owner of Lots 4 and 5. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that does not apply generally to other properties in the same zone district. Response As outlined in the background section of this narrative, there are clearly exceptional and extraordinary circumstances or conditions applicable to Casolar Vail generally not found on other properties. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Response Strict or literal interpretation and enforcement of the specified regulations would clearly deprive the owner of Lots 4 and 5 privileges enjoyed by the owners of other properties in the same zone district and the owners of properties within the same project. I)CI7Vt% Conu-ol VM'iance Rcyucst Casolar A'ail Lots 4 mid CASOLAR VAIL SUBDIVISION AMENDMENT APPLICATION November 2013 The purpose of this report is to provide information on a proposed plat amendment to the Casolar at Vail subdivision. The following information is provided: • Summary of request • Background on Casolar Vail • Proposed Subdivision Amendment This proposal is a co- application submitted on behalf of Todger Anderson (owner of Lots 4 and 5 of Casolar Vail) and the Casolar Vail Homeowners Association (owner of common area surrounding Lots 4 and 5). Summary of Request Lots 4 and 5 are platted, undeveloped lots within the Casolar Vail project. At the time Casolar was platted the development of these lots was to include a single - family home on Lot 4 and a duplex on Lot 5 (note that a related variance request application would reduce the development potential to one single - family home on each of these lots. The diagram below depicts Casolar Vail in the context of the surrounding neighborhood. Casolar [pail Context Ilap Casolar Vail flat .Amuttlmciit Lot 6 of Casolar is located immediately south of Lot 5. When Lot 6 was developed in the early 1980's the driveway was constructed with Lot 5. The encroachment of the driveway and related retaining wall impacts approximately 25% of Lot 5. There is no indication in either the town's files or the Casolar Association's records as to how this situation occurred. The purpose of the plat amendment is to shift Lot 5 to the north in order to eliminate the encroachment of the driveway and retaining wall. Background on Casolar Vail Casolar Vail was zoned and platted in the late- 1970's and town files indicate that this was the first Residential Cluster project to be reviewed and approved by the Town. The project created 10 small lots, each 40'x60' feet in size. While having the appearance of a building envelope, these are fee - simple lots. Land surrounding each lot is common area owned by the Casolar Homeowners Association. A copy of the original Casolar plat is provided below, Lots 4 and 5 are highlighted. ' NAL_ P AT CA50LAR VAIL A RESU5UIVISION Of LOTS A-2 a A -9, BLOCK W, t.IOMS RICGE SJBOIV151O'J, TO'�YN OF VAIL, EAGLE COUNTY, COLORADO. Note_ Phil approved by Tot +n of Fail Pebruare 2, 1978 1 _ alLr Ro IGLNEERir `1 1978 plat for Casolar ['ail created ten lots, Casolar fail flat :Amendment '— Proposed Plat Amendment The propose amendment to the Casolar plat simply shifts Lot 5 to the north in order to eliminate the Lot 6 driveway encroachment. The extent of the shift is approximately 10'- 20'. Setbacks from the westerly Casolar property line are maintained and the re- located lot does not impact any existing utility easements. The new lot is approximately 10' north of the driveway retaining wall. This distance was provided in order to maintain an adequate separation from the wall and to also maintain a row of trees that have been planted along the retaining wall. No changes are proposed to the size of the lot and as such there is no reduction to the Association's common area. The sketch below depicts the existing Lot 6 driveway and retaining wall, the existing location of Lot 5 and the proposed location of Lot 5. Lot 4 remains unchanged. A copy of the amended plat is found on the following pages. Casolar Vad Plat Amrndnunt I f Propo.xd lot location per _ - - - — �� -� plat [_ot mrucr- aie nended taAed � + -th green T posts N.. t' eIM I ran L. slingbould--ll� A copy of the amended plat is found on the following pages. Casolar Vad Plat Amrndnunt (m^|m Vail Plat \mudmcm L. 144,14 A-177 60' (m^|m Vail Plat \mudmcm 11/18/2013 Vail Planning and Environmental Commission Town of Vail 75 South Frontage Road Vail, co. 81657 RE: Todger Anderson /Casolar Del Norte Variance Request To whom it may concern, This letter is one of support for Mr. Todger Anderson and his request to change the density variance for lots numbers 4 and 5 in the Casolar Del Norte Subdivision. The Board of directors of the Casolar Del Norte Homeowners Association has finished a Special Meeting and has accumulated enough votes to support a majority of homeowners within the subdivision to empower the board of directors to sign off this request to allow Mr. Anderson to re -zone his existing lots with the subdivision. With that said we lend our support to Mr. Anderson and his representatives to pursue said actions with the Town of Vail and Eagle County. The variance request re- establishes Mr. Andersons' development potential of these two lots while keeping the spirit and density of the HOA intact and in the association's best interest. As president of the Casolar Del Norte Homeowners Association and with the full support of the majority of our membership we support Mr. Anderson's request for a re -zone of the two last remaining undeveloped lots in our HOA and ask that the Planning and Environmental Commission support this request as well. Please feel free to contact me with any questions or concerns, Kenneth O. Friedman, President Casolar Del Norte Homeowners Association 1150B Sandstone Drive Vail, co. 81657 970 - 476 -0388 970 - 390 -8381 kfriedman@ssv.net ,y9: 4111[ f1 _rI WO] 01791][ff.Arr[011W_\IIRX01T I10:61SoIII KNOW ALL MEN BY THESE PRESENTS THAT TODGER ANDERSON BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN THE TOWN OF VAIL, EAGLE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LOT 5, CASOLAR VAIL, ACCORDING TO THE FINAL PLAT RECORDED JUNE 19, 1978 IN BOOK 271 AT PAGE 215 CONTAINING 0.055 ACRES, MORE OR LESS: HAVE BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO LOTS AND BLOCKS AS SHOWN ON THIS FINAL PLAT UNDER THE NAME AND STYLE OF: FIRST AMENDED FINAL PLAT, CASOLAR VAIL, LOT 5, A SUBDIVISION IN THE TOWN OF VAIL, EAGLE COUNTY, COLORADO; AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF REQUIRED IMPROVEMENTS; AND DO HEREBY DEDICATE AND SET APART ALL OF THE PUBLIC ROADS AND OTHER PUBLIC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER; AND DOES HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE INDICATED AS EASEMENT ON THE ACCOMPANYING PLAT AS EASEMENTS FOR THE PURPOSE SHOWN HEREON; AND DOES HEREBY GRANT THE RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED. EXECUTED THIS __________ DAY OF -------------------- A.D., 20 --------- OWNER:--------- - - -- TODGER ANDERSON STATE OF ---------------- - - - - -) SS COUNTY OF ____________________) ADDRESS: 1200 ACOMA 406 DENVER, CO 80204 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF -------------------------- A.D., 20_______, BY TODGER ANDERSON. MY COMMISSION EXPIRES: --------- WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS THAT CASOLAR DEL NORTE HOME OWNERS ASSOCIATION ON BEHALF OF ALL LOT OWNERS BEING THE TOWNHOMES ASSOCIATION FOR CASOLAR VAIL, THE SUBDIVISION CONSTITUTING ALL THAT REAL PROPERTY SITUATED IN THE TOWN OF VAIL, EAGLE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: CASOLAR VAIL, ACCORDING TO THE FINAL PLAT RECORDED JUNE 19, 1978 IN BOOK 271 AT PAGE 215 CONTAINING 3.2816 ACRES, MORE OR LESS: HAVE BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED INTO PARCELS AND LOTS AS SHOWN ON THIS FINAL PLAT UNDER THE NAME AND STYLE OF: FIRST AMENDED FINAL PLAT, CASOLAR VAIL, LOT 5, A SUBDIVISION IN THE TOWN OF VAIL, EAGLE COUNTY, COLORADO; AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF REQUIRED IMPROVEMENTS; AND DO HEREBY DEDICATE AND SET APART ALL OF THE PUBLIC ROADS AND OTHER PUBLIC IMPROVEMENTS AND PLACES AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER; AND DOES HEREBY DEDICATE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE INDICATED AS EASEMENT ON THE ACCOMPANYING PLAT AS EASEMENTS FOR THE PURPOSE SHOWN HEREON; AND DOES HEREBY GRANT THE RIGHT TO INSTALL AND MAINTAIN NECESSARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED. EXECUTED THIS DAY OF OWNER: CASOLAR DEL NORTE HOME OWNERS ASSOCIATION BY: TITLE: STATE OF ---------------- - - - - -) SS COUNTY OF ____________________) A.D., 20 --------- ADDRESS: THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF ------------------ - - - - -- A.D., 20 - - - - -- BY ------------------- - - - - -- AS _______ _______________________________ OF CASOLAR DEL NORTE HOME OWNERS ASSOCIATION MY COMMISSION EXPIRES: --------- WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC TITLE CERTIFICATE __ _______________________________ DOES HEREBY CERTIFY THAT THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT HAVE BEEN EXAMINED AND IS VESTED IN AND THAT TITLE TO SUCH LANDS IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT AS FOLLOWS: ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- DATED THIS ______ DAY OF ----------------------- A.D., 20 ------- ------------------- - - - - -- AGENT ADDRESS BY --- - - - - -- (SIGNATURE) NAME AND TITLE FIRST AMENDED FINAL PLAT CAS 0 LAR VAIL, LOT 5 TOWN OF VAIL, COUNTY OF EAGLE, STATE VICINITY MAP SCALE: 1"=500' V o <41 '( P SECTION 1 TOWNSHIP 5 SOUTH RANGE 81 WEST, 6th P.M. ;1 1 SEC 12 1 SEC 7 ,ya mIII[�L ,II we] i1:y3ayW_\IW, I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF ____________ UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID � IN FULL. 0 j COLORADO DATED THIS _____ DAY OF ---------- A.D., 20 ------ ----- --------------------------- - - - -- S E St P DER �N �w \ A OP�\ _raE ro Y NO_ U _ FOREST ROAD l —�� �y t� SECTION 12 TOWNSHIP 5 SOUTH I SITE LOCATION RANGE 81 WEST, 6th P.M. in ij � /l SEC 7 PLANNING AND ENVIRONMENTAL COMMISSION CERTIFICATE THIS FINAL PLAT WAS APPROVED BY THE TOWN OF VAIL PLANNING AND ENVIRONMENTAL COMMISION THIS - - -- DAY OF ---------- - - - - -- A.D. 20 - - - -• ATTEST: TOWN CLERK TOWN OF VAIL, COLORADO SURVEYOR'S CERTIFICATE CHAIRMAN TOWN OF VAIL PLANNING AND ENVIRONMENTAL COMMISSION I, BRENT BIGGS, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF FIRST AMENDED FINAL PLAT, CASOLAR VAIL, LOT 5, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND /OR UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _____ DAY OF ------------ A.D., 20 BRENT BIGGS PROFESSIONAL LAND SURVEYOR P.L.S. NO. 27598 LAND USE SUMMARY PARCEL AREA USAGE ADDRESS LOT 5 0.055 ACRES SINGLE FAMILY 1191 CASOLAR DEL NORTE DR #A TREASURER OF EAGLE COUNTY CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER ON THIS A.D. 20____, AT ____ O'CLOCK ____.M. RECORDED UNDER RECEPTION NO. _______________ IN BOOK _____ AT PAGE ------ CLERK AND RECORDER BY: __ DEPUTY DAY OF GENERAL NOTES: 1. DATE OF SURVEY: AUGUST 1, 2013. 2. BASIS OF BEARINGS: FOUND NO. 5 REBAR WITH 1Y2" ALUMINUM CAPS, L.S. NO. 1511 MARKING THE SOUTHEASTERLY LINE OF CASOLAR VAIL, BEING S36 °48'48 "W A DISTANCE OF 201.36 FEET (SEE SHEET 2). 3. LINEAL UNITS OF MEASUREMENTS SHOWN ARE GIVEN IN US SURVEY FOOT. 4. THE SOLE PURPOSE OF THIS AMENDED FINAL PLAT IS TO RELOCATE LOT 5 WITH NO CHANGES TO THE LOT DIMENSIONS, AS SHOWN HEREON. 5. THE ORIGINAL PLAT OF CASOLAR VAIL RECORDED JUNE 19, 1978 IN BOOK 271 AT PAGE 215 ALONG WITH ALL SUBSEQUENT DEEDS SUBDIVIDING THE INDIVIDUAL LOTS DO NOT INCORPORATE THE ENTIRE BUILDINGS INSIDE LOT LINES. THE EASEMENTS RECORDED AT RECEPTION NO.S 900617, 900618, AND 900619 APPEAR TO HAVE BEEN CREATED FROM FINAL PLAT OF CASOLAR VAIL NOT THE DEED RECORDED FEBRUARY 4, 1992 IN BOOK 572 AT PAGE 074 FOR LOT 9A AND DEED RECORDED JULY 31, 1985 IN BOOK 463 AT PAGE 760. THE EASEMENTS SHOWN ARE PER THE LEGAL DESCRIPTIONS AS RECORDED. THE EASEMENTS RECORDED AT RECEPTION NO. 200611596 ARE SHOWN AS RECORDED, THERE IS NO BASIS OF BEARING GIVEN FOR THESE EASEMENTS IN THE LEGAL DESCRIPTIONS, THEREFORE DISCREPANCIES EXIST BETWEEN SURVEYS. 6. LOT 5 IS SUBJECT TO THE EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF CASOLAR VAIL, RECORDED JUNE 19, 1978 IN BOOK 271 AT PAGE 275. 7. LOT 5 IS SUBJECT TO THE EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED SEPTEMBER 27, 1978 IN BOOK 275 AT PAGE 834. SAID EASEMENT IS 10 FEET IN WIDTH AND INSUFFICIENTLY DIMENSIONED TO SHOW HEREON. 8. LOT 5 IS SUBJECT TO EASEMENT AND RIGHT OF WAY AS GRANTED TO STEWART H. BROWN IN INSTRUMENT RECORDED JUNE 26, 1979 IN BOOK 287 AT PAGE 341. (SAID EASEMENT IS SHOWN ON SHEET 2). 9. LOT 5 IS SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838584. (SAID EASEMENT DOES NOT AFFECT LOT 5). 10. LOT 5 IS SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838585. (SAID EASEMENT IS SHOWN ON SHEET 2 AND IN DETAIL ON SHEET 3). 11. LOT 5 IS SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED JUNE 30, 2003 AT RECEPTION NO. 838586. (SAID EASEMENT IS SHOWN ON SHEET 2 AND IN DETAIL ON SHEET 3). 12. THE ADDRESS ON THIS PLAT IS FOR REFERENCE PURPOSES ONLY. PLEASE REFER TO THE TOWN OF VAIL FOR UPDATED ADDRESSING INFORMATION 13. PEAK LAND CONSULTANTS, INC. DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH OWNERSHIP, EASEMENTS OR RIGHTS —OF —WAY OF RECORD. RECORD DOCUMENTS UTILIZED IN THIS AMENDED FINAL PLAT WERE PROVIDED BY LAND TITLE GUARANTEE COMPANY ORDER NO. V50035267, DATED DECEMBER 27, 2012 AT 5:00 P.M. 14. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. FIRST AMENDED FINAL PLAT CASOLAR VAIL, LOT 5 TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO s sFc FcT T�� v� A--- 91 *45'36 R= 90.00' STONE DRIVE L= 144.14' SAND OF -WAY) 6p' RIGHT- � T= 92.81' CH= 129.22' CB= N44'10'37 "E S18'04'51 "E - 46.42' (TIE) ANDERSON SUBDIVISION / � O s� P GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. CAS 0 LAR VAIL II \ o� CENTERLINE OF SEWER EASEMENT Z (RECEPTION No. 838586) 0 J (SEE DETAIL ON SHEET 2) / 3 - 2ryW �O, /- 35.00' (TIE) �� - _ / U' - 260.00' � S52'00'00 "W 51 19'34"E - 154.06' (PLAT) 154.04�ALC) o - _� _ - 24.64' - UTILITY EASEMENT o (BOOK 271 AT PAGE 215) THE OVERLOOK AT VAIL , N5 /7974"T--- 168.45' (PLAT) 168.38' (CALC) - - - - PHASE II - - - -- Oh. / LOT 6 -A � LOT 6 -13 0.028 ACRES 0.028 ACRES (BOOK 322 AT (BOOK 322 AT PAGE 742) � PAGE 743) o o ti �06 <er° PSIS OF � FOUND No. 5 REBAR WITH ALUMINUM CAP L.S. No. 5933 Op (N23 °46'36 "W - 6.5' FROM LOT CORNER) / / / S 10 FOUND No. 4 REBAR WITH RED PLASTIC CAP / L.S. No. 2813 (N13'57'52 "W - 5.8' FROM LOT CORNER) FOUND No. 5 REBAR WITH ALUMINUM CAP L.S. No. 1511 4'46'28" R= 1711.95' L= 142.66' T= 71.37' CH= 142.62' CB =S39 °12'02 "W LOT 7 -13 LOT 7 -A 0.031 ACRES D.024 ACRES (BOOK 323 AT (BOOK 295 AT PAGE 864) PAGE 178) / FOUND No. 5 REBAR WITH ALUMINUM CAP L.S. No. 1511 LOT 8 0.055 ACRES (BOOK 271 AT PAGE 215) LOT 9 -B 0.027 ACRES BOOK 463 AT PAGE 760) 0 LOT 2 -B 37 / 0.028 ACRES (BOOK 291 AT LOT 1 -13 7 / PAGE 478) 0.028 ACRES \ o LOT 2 -A (BOOK 271 AT / 0.028 ACRES PAGE 215) �J (BOOK 506 AT LOT 1 -A r' / PAGE 739) 0.028 ACRES (BOOK 291 AT PAGE 168) •Oc9� / PRIVATE ROAD AND UTILITY EASEMENT / (BOOK 271 AT PAGE 215) AND \ � SEWER EASEMENT (BOOK 287 AT PAGE 341) - \ .J CASOLAR DEL N � � � o1 ORTE DRI X f LOT 9 -A 0.027 ACRES BOOK 572 AT PAGE 074) 36'16' 00" R= 488.02' L= 308.90' T= 159.82' CH= 303.77' CB= S54'56'48 "W 0 VE _ I LOT 10 -B 0.031 ACRES (BOOK 641 AT LOT 10 -A PAGE 430) 0.031 ACRES / (BOOK 641 AT / / PAGE 430) CAS 0 LAR VAIL 3.282 ACRES S�3.0�'4 W ZION, � 41, g3, rho R NDG �cyT °F 400, Y) 70 . o, 37'37'41 " R= 277.60' L= 182.31' T= 94.58' CH= 179.05' CB =S08 *05'52 "W CENTERLINE OF WATER EASEMENT (RECEPTION No. 838585) (SEE DETAIL ON SHEET 3) UTILITY AND DRAINAGE EASEMENT (BOOK 215 AT PAGE 649) CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING Cl 3 °25'50" 277.60' 16.62' 8.31' 16.62' S25'1 0'55 "W C2 2 °13'14" 277.60' 10.76' 5.38' 10.76' S22 °23'37 "W C3 2 °15'54" 277.60' 10.97' 5.49' 10.97' S20'07'42 "W C4 29 °42'43" 277.60' 143.95' 73.64' 1 142.35' SO4 °08'23 "W C5 18 °35'43" 50.00' 1 16.23' 8.19' 16.16' S79'1 7'52 "W C6 18 °00'00" 490.00' 153.94' 77.61' 153.31' S61 °00'00 "W C7 11 °07'04" 277.59' 53.86' 27.02' 53.78' S21 °21'11 "W C8 5 °18'33" 277.56' 25.72' 12.87' 25.71' S24'1 5'27 "W \ DLO F LOT CREATED BY THIS PLAT N54'10'06 "E - 60.00' w LOT 4 \ q \ w 0.055 L LOT 3 -13 \ �V�2333 I IR ( (BOOK 522 AT LOT 3 -A \ NT re / o � \ E 6 t t P PAGE 182) 0.026 ACRES N17'26'28 " I P PAGE 182) 0.055 ACRES \ o c cF' / O O \ \ 6R LOT VACATED BY THIS P PLAT S54'10 06 W - 60.00". / S17'26'28 " \ N / \ o o S7 S S37 ° 537'51'01 "W (CALC) 0.028 ACRES (BOOK 322 AT (BOOK 322 AT PAGE 742) � PAGE 743) o o ti �06 <er° PSIS OF � FOUND No. 5 REBAR WITH ALUMINUM CAP L.S. No. 5933 Op (N23 °46'36 "W - 6.5' FROM LOT CORNER) / / / S 10 FOUND No. 4 REBAR WITH RED PLASTIC CAP / L.S. No. 2813 (N13'57'52 "W - 5.8' FROM LOT CORNER) FOUND No. 5 REBAR WITH ALUMINUM CAP L.S. No. 1511 4'46'28" R= 1711.95' L= 142.66' T= 71.37' CH= 142.62' CB =S39 °12'02 "W LOT 7 -13 LOT 7 -A 0.031 ACRES D.024 ACRES (BOOK 323 AT (BOOK 295 AT PAGE 864) PAGE 178) / FOUND No. 5 REBAR WITH ALUMINUM CAP L.S. No. 1511 LOT 8 0.055 ACRES (BOOK 271 AT PAGE 215) LOT 9 -B 0.027 ACRES BOOK 463 AT PAGE 760) 0 LOT 2 -B 37 / 0.028 ACRES (BOOK 291 AT LOT 1 -13 7 / PAGE 478) 0.028 ACRES \ o LOT 2 -A (BOOK 271 AT / 0.028 ACRES PAGE 215) �J (BOOK 506 AT LOT 1 -A r' / PAGE 739) 0.028 ACRES (BOOK 291 AT PAGE 168) •Oc9� / PRIVATE ROAD AND UTILITY EASEMENT / (BOOK 271 AT PAGE 215) AND \ � SEWER EASEMENT (BOOK 287 AT PAGE 341) - \ .J CASOLAR DEL N � � � o1 ORTE DRI X f LOT 9 -A 0.027 ACRES BOOK 572 AT PAGE 074) 36'16' 00" R= 488.02' L= 308.90' T= 159.82' CH= 303.77' CB= S54'56'48 "W 0 VE _ I LOT 10 -B 0.031 ACRES (BOOK 641 AT LOT 10 -A PAGE 430) 0.031 ACRES / (BOOK 641 AT / / PAGE 430) CAS 0 LAR VAIL 3.282 ACRES S�3.0�'4 W ZION, � 41, g3, rho R NDG �cyT °F 400, Y) 70 . o, 37'37'41 " R= 277.60' L= 182.31' T= 94.58' CH= 179.05' CB =S08 *05'52 "W CENTERLINE OF WATER EASEMENT (RECEPTION No. 838585) (SEE DETAIL ON SHEET 3) UTILITY AND DRAINAGE EASEMENT (BOOK 215 AT PAGE 649) CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING Cl 3 °25'50" 277.60' 16.62' 8.31' 16.62' S25'1 0'55 "W C2 2 °13'14" 277.60' 10.76' 5.38' 10.76' S22 °23'37 "W C3 2 °15'54" 277.60' 10.97' 5.49' 10.97' S20'07'42 "W C4 29 °42'43" 277.60' 143.95' 73.64' 1 142.35' SO4 °08'23 "W C5 18 °35'43" 50.00' 1 16.23' 8.19' 16.16' S79'1 7'52 "W C6 18 °00'00" 490.00' 153.94' 77.61' 153.31' S61 °00'00 "W C7 11 °07'04" 277.59' 53.86' 27.02' 53.78' S21 °21'11 "W C8 5 °18'33" 277.56' 25.72' 12.87' 25.71' S24'1 5'27 "W FOUND No. 5 REBf WITH ALUMINUM C/ L.S. No. 59: (N23 °46'36 "W - 6.5' FROM LOT CORNE FOUND No. 4 REBAR WITH RED PLASTIC CAP L.S. No. 2813 (N13 °57'52 "W - 5.8' FROM LOT CORNER) ]FIRST AMENDED FIIVAL PLAT � CASOLAR VAIL, LOT 5 TOWN OF VAIL, COUNTY OF EAGLE, STATE S\ s oTO� lwayll r(s) GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) I inch = 30 ft. T= 71.37' CH= 142.62' CB =S39 °12'02 "W EASEMENT DETAILS RECEPTION No. 838585 AND 838586 I.UINVL IPULLL CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING Cl 3 °25'50" 277.60' 16.62' 8.31' 16.62' S25 °1 0'55 "W C2 2 °13'14" 277.60' 10.76' 5.38' 10.76' S22 °23'37 "W C3 2 °15'54" 277.60' 10.97' 5.49' 10.97' S20 °07'42 "W C4 29 °42'43" 277.60' 143.95' 73.64' 142.35' SO4 °08'23 "W C5 18 °35'43" 50.00' 16.23' 8.19' 16.16' S79 °1 7'52 "W C6 18 °00'00" 490.00' 153.94' 77.61' 153.31' S61 °00'00 "W C7 11 °07'04" 277.59' 53.86' 27.02' 53.78' S21 °21'11 "W C8 1 5 °18'33" 277.56' 25.72' 1 12.87' 1 25.71' 1 S24 °15'27 "W II