HomeMy WebLinkAboutDISTELHORST LOT 1 (2)D?fe/ h oY?st 6rb /',Vr s t on
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Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
wwwvailgov.com
July 18,2005
Ron Riley
4582 Streamside Circle
Vail CO 81657
RE:
coFP
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
road modification from Timberfalls parking lot to Timberfalls swimmingDirt
pool.
Dear Mr. Riley:
I am writing in response to the work that has occurred at the above-mentioned property.
This work was done illegally and without the necessary approvals or pemrits. Here is the
history ofyour application and correspondence with regards to the new road.
o June 10,2005
o Application for Design Review was received by the Deparbnent of
Community Development. It is determined that it is incomplete.
o June 15,2005
o Letter sent to Karl Edgedon advising him that the application is
incomplete and also outlining what was missing.
June 17,2005
o Letter received from Land Title Guarantee Company advising us that
Ronald Riley is authorized to execute documents and transact business on
behalf of Timber Falls Associates.
June 23, 2005
o Letter sent to Karl Edgerton and copied to Ron Riley advising you that the
application was still incomplete and outlined what information was still
required in order to move forward in the Design Review proc€ss.
f,p """"""", t t"
o August 8,2005
o Letter sent to you from Elisabeth Eckel advising you that your application
was still incomplete and giving you until 5 p.m. on August 16, 2005 to
submit the needed items or the application would be withdrawn.
o August 20,2005
o Letter sent to you from Elisabeth Eckel advising you that the application
was withdrawn as you failed to supply the required submittal items on
time.
o August27,3005
o Letter from you sent to Elisabeth Eckel advising that you did not agree
with the zubmittal requiranents and advising the Town of Vail that you
didn't think that the Town or DRB should want to get involved in your
new plan.
The new road has now been built without the proper approvals or permits. The Town of
Vail views this as a serious violation and is now requesting that you submit all required
applications. A complete Desigt Review application must be submitted within 14 days
of receipt of this letter. Failure to comply will result in a summons being issued
Your prompt attention regarding this matter will be greatly appreciated and will help
assure that Vail continues to be the desirable and pleasant resort community for which we
all strive. Please feel free to call me with any questions, comments or concerns you may
have. My of8ce phone number is 970-477-3417.
A,TFIvr\ .
v-t
David Rhoades, QlEEnforcement Officer
Community Development Departrnent
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ENCROACH!,IENT AGREET{ENT
T$rs AGREEIiIENT, is made and entered into tnis 4( aay
of , 1993, by FREDmI(K tf . DISTBIJToRST and INES w.
oRs:[, herelnafter referred to as trProperty ownersr and the
IIPPER. BAGIJ VAIJ,BY C:()I{SOLIDAEBD SNIITATIOII DISTRICI, a quasi-
rnunicipal corporation of the State of Colorado, hereinafter
referred to as nDistrictrr.
WHEREAS, Property Owners are presently the owners of
certain real property described as, Lot 1, Distelhorst Subdivision,
Iocated In Eagle County, Colorado; and
lttHEREAs, the District ls presently in possession of an
easenent, 20 feet in width, runnlng through the aforenentioned
property, which easement is described on Exhibit A, attached hereto
and incorporated herein by this referencet and
WIIEREAS, Property Owners desire to construct a pernanent
structure that wiLl encroach upon the described easement in an area
approximately L' x 2.5', said encroachrnent being described on
Exhibit Ai and
WHEREAS, the easenent is an actlve easernent presentJ.y in
use by the District.
NOW, THEREFORE, Ln consideration of the covenants and promises
herein, the parties hereby agree as follows:
1. The District shall pernit the permanent structure to
encroach upon the aforenentioned easement.
2. The Property owners shall indennify the District
fron the costs of any repairs to the District's utility lines which
nay occur as a result of the construction of the pernanent
structure over and upon such easernent.
3. The Property Owners shall hold harnless the District
from the cost of repairing any danage to the structure, which
damage nay be caused by the lnstallation of new utility lines in
thl.s easenent, or by a break in present and future utility lines of
the pistrJ-ct, or by the repair of such break by the District or by
other naintenance of the lines.
4. The Property orrners shalt indennify the District
frorn any increase in the cost of construction of any neht utility
lines or in the cost of any repairs to the District's utilitylines, such increase, if any, due to the proxinity of the perrnanent
structure to the utility lines.
5. This Agrreenent shall blnd the successors and assig'nsof the Property owners, and shall be appurtenant to and deened to
run with and for the benefit of the aforenentioned property in
Eagle County, Colorado until such tine that the District abandonssaid easement. This Agreenent shall be recorded agalnst saidproperty in accordance with the l-aws of the State of Colorado.
IN !{ITNESS V|IIEREOF the parties hereto have caused this
Agreernent to be executed as of the day and year first abovewritten.
UPPER EAGLE VALLEY CONSOLIDATED
By
AITEST:
By Assistant Secretary
STATE OF COLORADO )) ss.
couNTY oF EAGLE )
-tu^" "rr5
instrunent was acbnowledged. bgfore ne thie
, 1993, by
My Cornrnission expires :
STATE OF COLORADO )
)
COUNTY OF EAGLE )
6, /9 9y'
ss
I, aay or
Thedorggoingjnstrurnent was acknowledged before ne thisu{Z -"^"42,,U , 1993, by warren M. -carbe, as ceneral
l{anager of -:/--the-Upper Eagle Valley Consolidated Sanitation District.
Ines W. Diste
eral Manager
T/€,5 W, btsTELtt'oAsT
Notary Public
l{y Connission expires:9-a,/ rs
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EASETIENT DEED
KNOW ALL IIEN BY THESE PRESENIS:
THAT FREDERICK W. DISTELTTORST ANd II'ES W. DTSTELIIORST,
hereinafter referred to as ncrantorsrr, for FIFTEEN ($15.00) DoLLARS
and other good and valuable consideration, the receipt of which is
hereby aclcnowledged, hereby sells and conveys and warrants thetitle to the Bane, subJect to all- instruments of record, unto the
I'PPER EAGLE VALLEY CONSOLIDATED SANITATION DISTS.ICT, A qUASi-
rnuniclpal corporation, of the State of colorado, whose legal
address is 846 Forest Road, VaiI, Colorado, hereinafter referred to
as ttGranteert, the following easement, to wit:
A 20' permanent utility easement on Lot L,Distelhorst Subdivision, VaiI , Colorado, as
described in Exhibit A attached hereto and
incorporated herein by this reference.
Grantors, their heirs, successors, transferees andasslgns, shall not erect nor place any pernanent building,structure, inprovement, fence or tree on the above-described
easement, and crantee shall not be liable for their removal lf they
are so placed.
It is specifically agreed between the parties that the
Grantors shall take no action that would inpair the earth coverover or the laterat or subjacent support for any line and
appurtenances within the easement, provided, holdever, that upon
obtaining the specific written pernJ.ssion of the Grantee, the earth
cover over any llne nay be urodlfied, but normally permission w11]not be granted for a nodification involving a cover of less thanfour feet nor greater tban ten feet measured vertically fron the
top of any line and any rnodification undertaken by the Grantors
would be upon terms that would provide for reinbursenent to thecrantee of the cost of any alterations to any facility nade
necessary by the change.
Acceptance of the Easenent by Grantee shall constituteits agreement and consent as follows:
1. At such tine and in the event that the easernent
described herein shall be abandoned, Grantee's real property
interest in the easement shall innediately revert to and bethereafter nerged with the servient estate.
2. The facilities installed in the above-described
easement shall be instatled, naintained, and operated so as topernit maxirnurn use and enjoynent of the Eurface by Grantors, thelrheirs, successors, transferees, and assigns. In the event it is
necessary to repair or replace the facilities, crantee shall
I a
r€store th€ surface of the.Iand as nearly as may be practicable totlre sane condl-tlon it was prior to such repalr or repl.acenent,
provLded no pernanent buJ-IdJ-ng, structure, improvernent, fence ortree shall be placed thereon by crantors.
sIGNED ltrD DELIvERED this NkU^, o,, 1993.
STATE OF COIORADO )) ss:
cottNTy oF ELGLE )
&ffi:"':{",EI.IENT DEED was a
, 1993, by
lfitness ny hand and official seal.
tly connission expires:
fiu5U.
ttr1
(sEAL)
ACCEPTED BY I'PPER
DISIRICT thls _ day of
STATE OF COLORADO )) ss:
COI'NTY OF EAGLE )
J,r.s." to*'otn: ffi1 ,^*l*ffifj,1jitw,2z*W:* u"" "t
9litness rny hand and official seal .
My conmission expires:
EAGLE VAI,LEY CONSOLIDATED SN{ITATION
(sEAL)
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PROPERTY DESCRIPTION
Thot pont of Lot 1., Dtste(horst Subdtvtston, occondtng to the mop
thereo€ reconded In the offrce of the Eogte County, Cotonodo,
CLenk o,nd Reconden, descrtbed os €otlowsr
Begtnnlng of o potnt on the westenly ttne of sotd Lot l whencethe northwestenty cornen of sotd Lot 1 beors N20'09'00'E 25,e6feetl thence, depontlng sotd westerty I Ine, S00'4e'11'l'| 57,86feett thence 363'15'e9'E 75,41 feet to the eosterly Itne oF
sof d Lot 1J thence, otong sotd eosterty I Ine, S04'00'5L'E ?3,?7feett thence, deponttng sotd eostenly ttne, N53'15'29't/ 99,80feett thence N00'42'11'E 8.93 feet to the westen(y Itne of soidLot 1l thence the fottowtng thnee counses olong sold westentyIlner 1) N20'09'00'E 4l ,54 feett e) N69'51 '00'V 1.59 feetr 3)
N20'09'00'E e3.04 Feet to the Potnt of Begtnn Ing, contotn Ing
0,0554 ocnes, rrore on less.
Do+,et 8-./t-93
STRFAMSIDE
CIRCLE
LOT 17
LOT 2
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t;ff,-.-SEMR '- D:-EASEUENT '\\
LOT 1
TRACT B
75 Soatb Frontagc Road
Vail, Colorado 81657
t 0 t -47 9-2r, I / 47 9 -21 3 9
D cpartmcnt of Commanity D ctelopmcnt
March 11, 1993
Kyle Webb
P.O. Box 1052
Vail, CO 81658
RE: February 22, 1993, PEC action on a request for setback variances to allow for ths
addition of an enclosed garage and additional GRFA to the duplex located at 4582
Streamside Circle/Lot 1, Distelhorst Subdivision.
Dear Kyle:
Enclosed is a copy of the minutes of the February 22, 1993, Planning and Environmental
Commission (PEC) meeting at which your variance request w.rs approved. The attached copy
of the minutes will serve as your record of the conditions of approval.
Please note that the approval of this variance shall lapse and become void if a building permit
is not obtained and construction not commenced and diligently pursued toward completion, or
if the use for which the permit is granted has not commenced within two years form approval
(February 22, 1993). lf approval of this variance lapses, an application must be resubmitted
for reconsideration by the Community Development Department statf and the PEC.
lf you have any questions or comments regarding this information, please do not hesitate to
contact me at 303/479-2138.
Sincerely,
/'-*C*b
Jim Curnutte
Town Planner
Enclosure
.:', l
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FrLt cCIpy
Kristan Pritz stated that there would inevitably be some construction workers parking
on Ptarmigan Ftoad, but the applicant can request that construction workers park in the
driveway and fill it up before parking on lhe street.
Chuck Crist inquired whether the lot would be resurveyed.
Bill Pierce responded that the lot would be resurveyed in the spring once the snow
melts.
Kathy Langenwalter motioned to approve this request per the staff memo and asked
that the applicant not impede the neighbors access to parking. Chuck Crist seconded
this motion and a unanimous 7-0 vote approved this item.
2, A request for setback variances to allow an addition to the residence located at 4582
StreamsideCircle/Lotl,Distelhorst,S#,99ju._i,SJg$.+
Applicant: Drs. Fred and Ines Distelhorst
Planner: Jim Curnutte
Jim Curnutte made a brief presentation per the staff memo reilerating the
encroachmenls, wetland impacts and the requirement of mulching any lrees that are
removed. He staled that staff was recommending approval of this request for a
setback variance and requesled that the applicant add a cluster of three aspen trees in
front of the west unit and additional spruce and aspen trees along the east side of this
site.
Kyle Webb stated that the DRB has approved lhe landscape plan as is and that he did
not want to add aspen trees lo the front of this site because he wished to utilize this
space for snow storage. He also inquired about whether a letter from the Army Corps
of Engineers would be required if lhe deck is moved further to the west.
Jim Curnutie stated that a letter from the Corps would be required prior to the issuancs
of a building permit.
Kyle Webb inquired whether it would be possible to obtain a building permit for the
house without the deck. He proposed this option so that he would not have to wait for
the letter before beginning construction on the remodel.
Kristan Pritz stated that staff needs lo see where on the site the deck is to be
constructed and that there are options such as removing the deck from the drawings
and getting a building permit, then the deck could be added later when the applicant
receives lhe Corps letter.
Chuck Crist slated that he would still like to see the tres saved.
Pbnnlng |nd Envlnnmant.l Cormbabn
F.brurrt Zl,lge3
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Kathy Langenwalter stated that she would like to see some lodgepole pines planted on
this site rather than the proposed spruce because lodgepole pines are more indicative
ol the site.
Diana Donovan stated that she liked this proposal because it gets three cars off of the
roadway and onto the site. She also reiterated that any vegetation removed should
be mulched on lhe sile.
Kathy Langenwalter stated that she respects Kyle Webb's desire to keep aspen trees
out of the front space for snow storage purposes.
Kathy Langenwalter then made a motion lo approve this request per the reasons
enumerated in the staff memo with three additional conditions: 1) that the applicant
attempt to save the largest tree in the group of lhree, on the east side of the addition,
2) that whatever vegetation is removed be mulched on site, and 3) that no additional
aspen lrees ars necessary at the front of the west unit. Jeff Bowen seconded lhe
motion and added that the building permit be conditioned on receiving lhe Army Corps
of Engineers letter of review and approval of the deck, if still proposed, when a building
permit application is submitted.
Jim Curnutte stated that the staff memo suggests that additional spruce and aspen
trees be planted on the east side of the remodel.
Kathy Langenwalter stated that lodgepole pines should be planted in place of spruce
lrees but no additional trees are required beyond what is shown on the plans.
A 6-0 vote approved this request for setback variances with Dallon Williams abslaining
as he was not at the last work session when a site visit was made.
3. A request for a conditional use permit for an addition to the Municipal Building to house
the Vail Police Department, located at 75 South Frontage Fload West (at the east end
of the existing Municipal Building), and as legally described below:
A prrl ot fi. South3r3l tA ol Sec{on 8. Tflrt3 p 5 Souttt Rrngc 80 West of th. SLrh PdnclFl M.ridbl Count ol E!gb. Sbra ol
Cob.rito. rnora Frlicribdt d€3c'lbed rr lrlhws: Commenc&rg .t dr Sout[r3l cornor ot 6ald Sectlon 6. th.nc. N6!r 0O doere.!
23 mlnubr t3 8.cor*b W€l and dmg
'|e
E83t lnc ot teld Southe$t f ff ot rdd Sectlon 6 7275 tha Erst [nc ol s8H Southesl
lN ot rr|d Sccllon 6 72.75 fe.t to e pohl. .dd polnt b.lng tlom |..t oorfi..srcdt trom $. .outh.rty rbh$ot ty.y lnc ol U,S.
Hl9hlty Na 6 13 me$urad !t ibhl rngLr h.r.lo: lhono Norlh 79 dcercaa 48 n{nuti 1l s.cond3 W6t rnd rlong a &a panIC
lo rdd $uthadt rlghl€t{vlt lna 14550 Lct !o Tha fn,. Polnt ot Baehnhot thc c. Nor t '13 d€raia OE ]nlnurs a7 i.coidr Elrt
7t O0 fccg th.nc. Nodl 6t dcgrcG 0t minu6 35 s.coodr W..t,a2!,70 fc.C 6anaa Nonh 66 d.erc€ Ot nhuba 29 a.conda
W6l 15257 tcaq fidro Soulh 27 d.grcea a2 rnhutG ,lO secoidr We3t rga68 b.[ th.Doa Sot,th 5e d.g'3€. 48 mlxjt6 50' B.condt E$l lt 32 leel lo a polnl, 3.ld pof belne t tO,oO teet north$st ftfir rlid Sourh tlghtof.wly [|r. d U.S. ]0ghw!t No. I rr
rne$urd d dghl anolea lh.r.b: lrrnca ScJrh ?9 d.gr.ar 46 nl||Jt6 tt 3.cond3 Elst md ltone r trna Fdal b 3dd Sou'| de ht
ot wly fhc 585.f4 h.l lo Th. TnJc Poht ol Beghnlng.
€rcepl hal Frdoo conv.yed !o tha B{d ot County Commbdon |r ol Elglc Counf. ard thc Ct3F tD.nt ol tllel|wr]:. Std. ot
Colorrdo bt nie and order r.corded Janurry 5. t97t In Book 2l I .t P.!c 44i.
Applicant Town of VailPlanner: Mike Mollica
Phnnlng md Envlroomnld Cot|Inbrbrl
Frbrurt Zl, lg0l
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a
t : FIL E COPY
2.
Kristan Pritz stated that there would inevitably be some construction workers parking
on Ptarmigan Road, but the applicant can request that construction workers park in the
driveway and lill it up before parking on the street.
Chuck Crist inquired whether the lot would be resurveyed.
Bill Pierce responded that the lot would be resurveyed in the spring once lhe snow
melts.
Kathy Langenwalter motioned to approve this request per the slalf memo and asked
that the applicant not impede the neighbors access to parking. Chuck Crist seconded
this motion and a unanimous 7-0 vote approved this item.
A request for setback variances to allow an addition to the residence located at 4582
Streamside Ci rcle/Lot 1, Distelhorst Eubdivision.
Applicant: Drs. Fred and Ines DistelhorstPlanner: Jim Curnutte
Jim Curnutte made a brief presentation per the staff memo reiterating the
encroachments, wetland impacts and the requirement of mulching any trees that are
removed. He stated that staff was recommending approval of this request for a
setback variance and requested that the applicant add a cluster of three aspen trees in
front of the west unit and additional spruce and aspen trees along the east side of this
site.
Kyle Webb stated that the DRB has approved the landscape plan as is and that he did
not want to add aspen trees to the front of this site because he wished to utilize lhis
space for snow storage. He also inquired about whether a letter from the Army Corps
of Engineers would be required if the deck is moved further to the west.
Jim Curnutte stated that a letter from the Corps would be required prior to the issuance
of a building permit.
Kyle Webb inquired whether it would be possible to obtain a building permit for the
house without the deck. He proposed this option so that he would not have to wait for
the letler before beginning construction on the remodel.
Kristan Pritz stated that staff needs to see where on the site the deck is to be
constructed and that there are options such as removing the deck from the drawings
and getting a building permit, then the deck could be added later when the applicant
receives the Corps letter.
Chuck Crist stated that he would still like to see the tree saved.
PLnnlne md EnYhfimrntd CoBmbabn
F.bru.ry 22, l9o3
3.
Kathy Langenwalter stated that she would like to see some lodgepole pines planied on
this site rather than the proposed spruce because lodgepole pines are more indicative
of the site.
Diana Donovan stated that she liked this proposal because it gets three cars off of the
roadway and onto the site. She also reiterated that any vegetation removed should
be mulched on the site.
Kathy Langenwalter stated that she respects Kyle Webb's desire to keep aspen trees
out of the front space for snow storage purposes.
Kalhy Langenwalter then made a motion to approve this request per the reasons
enumerated in the staff memo with three additional conditions: 1) that the applicant
attempt to save the largest tree in the group of three, on the east side of the addition,
2) that whatever vegetation is removed be mulched on site, and 3) thal no additional
aspen trees are necessary at the front of the west unit. Jeff Bowen seconded the
motion and added that the building permit be conditioned on receiving the Army Corps
of Engineers letter of review and approval of the deck, if still proposed, when a building
permit application is submitted.
Jim Curnutle stated that the staff memo suggests that additional spruce and aspen
trees be planted on the east side of the remodel.
Kathy Langenwalter stated that lodgepole pines should be planted in place of spruce
trees but no additional trees are required beyond what is shown on the plans.
A 6-0 vote approved this request for selback variances with Dalton Williams abstaining
as he was not at the last work session when a site visit was made.
A request for a conditional use permit for an addition to the Municipal Building to house
the Vail Police Department, located at 75 South Frontage Road West (at the east end
of the existing Municipal Building), and as legally described below:
A parl of bs Soulheast 114 ot S€ctlon 8, Townshlp 5 Sourt\ Range 80 W€st of lt|o Sirrh PrirdFl Meddlan, County ol Eagl€, Srate of
Colorado, moro panhula y d€scribod as bllows: Commendng at ths Souf|sast com€a o[ sald Sectbn 6, th€nce l'lonh 00 d€gr€€s
28 mlnute8 16 seconds W6t and dmg lhe East llna ot sald Soulh€st lA ot 6ald Seclion 6 7275 th€ East llne ot ssld Southe|sl
ll{ ol sald S€ctlon 6 72.75 fset to a pold. sald polnt belng t10.m t€et nor$€astgrty trom thg southerly dehtot way lino ol U.S.
Hlehway llo. 6 83 m€asured al dght anglos theralo; thene North 79 deoiees.16 mlnutG 11 soconds W6t and along a Uno perall€l
lo 3ald southatly rlght-ot-nay llno 145.50 le€t lo lbe Tru€ Polnl ol BsglnnirE; rhenco Nonh 16 d€grc6 08 mlnulB 47 seconds East
76.00 teet $€nc. Nonh 68 degress ('8 mlnura 35 roconds W€€t 42E,70 teet; f|enc€ Norfi 66 d€gr€e€ Ot mlnuler 29 soco.rdi
W€5l 152.57 ts€l; lhence South 27 degre€3 42 nlnutos 40 s€cond Wsst 19a56 b€r; thonc€ Sooth 52 deor$3,t8 minutG 50
E€€!nd8 East 36.32 l€el to a polnt, 3ald polnt bolng 110.m f€et north€ast from sald Sorrth rloht.ol-wsy llne ol U,S. Hiohway No. 6 as
m€ssured al 9ht arules lh€reb; thenca Soulh 79 dogreos 46 mlnutec 1l s€coods East and along a llne parallel to sald Soufi right
ot way llne 595.56 feot to Th€ True Polnl ot Beglnnlng.
Except tlat por on corw€yed lo lhe Boerd ofCounty Conmlsdon€r3 of Eath Counry, and the D€Farim€nl of Hlghvray3, Stato ot
Coloredo by rulo aM order r€cofded January 5, 19 ln Bool 219 at Pag€ .t4t.
Applicant: Town of VailPlanner: Mike Mollica
Phnnlne md EnvilomanLl Co|flnblbn
F.bru..y Zl, 100t
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Project Description:
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DEPARTMENT OFTHE O'"'O
REPLY TO
ATtElr?rol{ oF
U.S. ARTY ENGII{EER DISTRICT, SACRAIIENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAilENTO, CALTFORNTA 95814-2921
February 26, t993
Regulatory Section
l,lr. KyIe webb
4592 Streanside Circle
Post Office Box 1052Vail, Colorado 81558
Dear Mr. Webb:
I am responding to your request for a jurisdictional
deternination-for the proposed construction on Lot 1, in the.
Distelhorst Subdivision in Vait, Colorado. Based on our review
of the plans submitted, which depict a deck cantilevered over a
wetland, a Department of the Arrny pernit under Section 404 of the
Clean Water Act wiU not be requirLa for this project. A Section
404 pernit is required when there is a discharge of dredged-or
fill material in€o waters of the United States including adjacent
or isolated wetlands. If you have any additional questions,
contact Mr. !.tichael Claffey of this office at
(303) 243-LL99.
Colorado RegrulatorY
402..Rood Avenue, Room 142
Grand Junction, colorado 81501-2563
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TO:
FROM:
DATE:
SUBJECT:
I'EMORANDUM
Planning and Environmental Commission
Community Development Depanment
Ftt t tUP y
February 22, 1993
A request for setback varlances to allow for the addition of an enclosed gatqe
and additional GRFA to the duplex located a[458,2 SfeamsHe Circle/Lot 1,
Distelhorst Subdivislon.
Applicanl: Drs. Fred and Ines Disblhorst and Kyle WebbPlannsr: Jim Cumute
DESCRIPTION OF THE REQUEST
The applicants are requesting setback variances to allow for the acldiiion of a two-car
garage and additional GRFA within the front and side setbacks on the east half, and
the addition of GRFA in the side seback on the west half, of the duplex located al
4582 Streamside Circle/Lot 1, Distelhorst Subdivision. The lot is currently zoned Two
Family Residential (duplex) which has a setback requirement of 20 ft. in the front and
15 ft. along the side and rear prop€rty lines. The building cunently encroacies into the
lront and west side setback areas. The existing building encroachment into the front
selback is approximately 14 ft., or to within 6 tt. of the lront property line. The extent
of he building encroachment into he west side setback is approximately 12 ft., or to
within 3 ft. of the west property line. Portions of the westem half of this duplex are
also currently localed in a 20 tt. wide sanitary sewer easement. The applicant has
provided a letter from Fred Haslee, Regulations Administrator for the Upper Eagle
Valley Consolidated Sanitiation District, which indicates lhat the District has reviewed
the plans and is willing to grant an 'Encroachment Agreement'for those portions of the
remodel proposed to be located within the easement. Mr. Haslee has further indicated
that the District will soon be realigning the easement further to the west and south lo
cover portions of the sewer line that are not in the easement.
The variances being proposed are a part of a major remodel to the duplex located on
Lot 1. The west unit cunenUy has 1,220 sq. ft. of GRFA and lhe east unit has 562 sq.
ft. of GRFA. The proposed addition would result in a net GRFA gain of 5 sq. ft. on the
west side and 2,O71 sq. ft. on he east side. The allowable GRFA on the lot is 5,028
sq. ft. After ths remodel, 1,170 sq. ft. of GRFA will remain available. The proposed
remodel to he west side of the duplex involves the expansion of the main level dining
room. This addition will be locabd directly above the existing storage shecUcrawl
spaoe a@ess. Above this expansion will be loft area with three large windors to allow
for addilional llght into the living area.
The east skie addition includes a bedroom and storage rooms on the new lower level,
a nerv two car garage, expanded kitchen, llving and dlning rooms and a new deck on
the sntry level and three bedrooms and two bathrooms on ilre new upper level.
The proposed buildlng remodel involrr€s the removal of several large trees annently
located on the east ard south sUes of the building. To the east is a group of three
Engleman spruoo fees. Two of theso trees are approximately 25 tt high, with the
thid belng approxlmately 35 ft. high. To the soulh is a 2 ft. diameter Engleman
Spruce, which is approximately 50 ft. high, and a small deciduous tree. The appllcants
have stated that although they have consftlered various rvays to save the tees, tiey
are unable to do so and would like b remove them.
The applicant has provided a landscape plan for PEC review. The plan shows that all
dislutted areas will be reseeded wih native grass and wildflower seed mixes. A
dusbr of 2' min. caliper aspens are proposed to be located adjacent to a new flower
bed immediately east ol the garage addition. Another cluster ol aspens, 3' min.
caliper, is proposed near the souheasl corner of the building addition. 6 spruce trees,
rarBing in size from 8 ft. to '12 fl., are proposed to be added to the lot. One spruce will
be located in ths planting area in front of the west unit and he remaining 5 spruce will
be placed along the east side ol the building addition. The applicant is also proposing
lo replace the existing asphalt paths leading to he entances of the tWo unib on lol 1,
as well as the west unit on lot 2, with sandstone pavers.
East side setback variance reouesls
Front and side setback variances are being requested to allow lor the proposed
remodel to the east side of the duplex. That portion of the remodel which encroaches
into the setback area involves ths construction of a two car garage on the first floor
and a portion of two bedrooms and a balcony on the second floor, direcily above he
garage. The proposed garage and bedrooms encroach a maximum of 7 ft. into the
front selback area and approximately 212n. into the east side setback area, howsvsr
the buifding's overhang on the east side encroaches approximately 5-112 ft. into the
side selback. Section 18.58.040 of the Vail Municipal Code (Architeclural Projections)
allows roof overhangs to encroach up lo 4 ft. into a required setback area. Howsver,
since the building overhang in this parlicular location is approximately 5-112 ft. into the
side setback area, the last 'l-1/2 ft. of lhis overhang must receive variance approval in
order to allow for ib construction. Variance approval ls also required to allow for the
last ons loot of the covered entry which encroaches a total of 5 ft. into the east side
setback area. The 3etback varlancos would allow lor a7 ft. encrcachment Into
the 20 ft front setback area for the garege and second floor bedroom and a 1--ln
tt. and 1 ft. encroachment Into the 15 fl. east slde setback arca f9r a roof
overhang and a portlon of the covered entry.
West side variance reauests
The requested variances associated with the west half of the duplex are for the
addition ol GRFA located at and above an existing storage sh€d on the west side ol
the building. This shed currently is used for storage as well as aocess to the unit's
ll.
crawl spaoe. The proposed remodelwould not enlarge the horizontal dimensions of
the exiating sncroachmenl. However, this addition willbe canied allthe way up to the
building overhangs. lt ls fris second and third story additon whicft is prompling the
need for obtaining a variance. lt should b€ pointed out that ths new second and third
lsvel encroachment on he wesl side does not prolect further west than the existing
bullding overhang. Ths setbsk Yarlanco b to allow lor a12lL encroachment Into
the 151t. west slde setback.
BACKGROUND
The Distelhorst duplex was built in 1967, in Eagle County, prior to annexaUon of this
area into the Town of Vail. The building is considered to be a pre'exlsting non-
conforming use. The applicant has statsd that at Ure time ol consructon of he
building, Eagle County's seback requiremen$ were 5' and SfeamsHe Circle had nol
been widened to the full extent ot its 50' rbht-o-way.
ZONING ANALYSIS1il.
Zoning:
TotalSlte Area:
Allowed Density:
Existing and Proposed Density:
Allowed GRFA:
Existing GRFA:
Proposed GRFA:
Maximum building height allowed:
Existing building height:
Proposed building height:
Allowed Site Coverage:
Existing Site Coverage:
Proposed Site Coverage:
Required Parking:
Proposed Parking:
Minimum Landscaping Requlred:
Exlsting Landscapirq:
Proposed Landscaping:
Two Family Residential (DuPlex)
19,275 sq. ft.
Two dwelling units
Two dwelling unib
5,028 sq. ft.
1,782 sq. ft.
3,858 sq. ft.
33 tr.
24 tt.
28ft.
3,855 sq. ft. (2V/"1
1,240 sq. ft. ( 6%)
2,140 sq. ft. (11%)
4 spaces (currently located off-site)
5 spaces (3 spaces for the east half
located on-site and 2 existing
spaoes for the west half located
off-site)
11,565 sq. ft. (60"/d
17j25 sq. ft. (89"/d
16,175 sq. ft. (84%)
tv.CRITERIA AND FINDINGS
Upon review of the crlteria and ftndings in Sec.tion 18.62.060 of the Vail Municipal
Code, the Communlty Development Department rs@mmends approval of tre
reguested variances. Statf does, however, have some conoems with regard to the
large trees hat will be removed in conjunction with he proposed remodel as well as
possible impacts to the w€tland uea located direc{y behind he builrting. These
oonooms will be addressed later in this memorandum. The stiaffs recommendation for
approval of he variance requests is based on the tollowing fadors:
Consideration ol Fac{ors:
1. Th€ r€latlorchlp of the rEqu$ted varlance to other erlsilng or
potentlal uses and Btn|ctures ln the ylclnlty.
Easl side setback variance reouests
Statf feels that he addition of he proposed two car garage, which is
prompting the need for the front and sast side setback variances, is a
positive addition to the building. lf the varianoes are approved, up to
lhree cars will be able lo park on-site as opposed to out in the public
right-oFway where the tenanb are currently parking. The proposed
GRFA addition does not encroach any furfrer into the front setback than
portions of the existing building cunenty do, due to the angle of tre
building in relation to the front property line. Staft feels that this
encroachment will not have a negative ettect on exisling or potential
uses or structures in the vicinity. The owners of Lot 1, Drs. Fred and
lnes Distelhorst, curently reside in the residence located on Lot 2,
Distelhorst Subdivision, directly to the east of this duplex . The distanc€
from the proposed remodel to this residence ls approximately 29 ft.
There is cunently a platted joint parking and driveway,easement located
on Lots 1 and 2, as well as a pedestrian path across Lot I to Lot 2.
The proposed two-car garage adclition doss not negatively effecl he use
of the path for access to Lot 2. The applicant's proposed landscape
plan calls tor the replacement of the existing asphalt path to Lot 2 with
sandstone pavers whidr improves the overall landscape scheme
between he two buildings. North of lot 1 is the Ruder duplex which is
separated from this property by the 50 ft. Streamside Circle right-oFway.
The distance from the proposed east side remodet to ths Vail Racquet
Club to the south is approximately 200 ft.
As mentioned previously, the proposed remodel involvcs the removalof
4 large spruce trees located on the south and east sides of the existing
building. Statf recommends that the applicant attempt to save the
largest tree in the group of three trees located directly east of he
building, since its present location is not within the toundation line of the
proposed building addition.
Y
2.
The plan shows a proposed 12 ft. x 12 ft. deck located south of the
expanded building. Altrough tho applicant has cantilevered the deck as
much as possible, and removed one of the two support columns shown
on previous plans, the remainlng support column is still encroaching into
a wefland area. Also, even though the deck is located approximately 7
ft. above grade, it appears that it will have a negative eftect on the
existing willows in ths yyeuand area. Staff suggests that the applicant
consider relocating he deck further east in order to lessen tfie overall
wstlan& impact on this side of the building.
West side selback variance reouest
Stafi feels thal the proposed ddition to the west slde of this duplex will
not have a negalive effect on existing or potential uses of structures in
the vicinity. The Byers duplex to the west of lot 1 is approximately 50 ft.
away. The distance between buildings will not change if the poposed
remodel is allowed to proceed. The addition will not encroach lurther
into the side setback area than the existing shed and building overhangs
cunently do.
Although staff generally recommends he addition of trees in the
immediate area ol a variance request, we do nol believe that the area
between the wesl side addilion and the west property line is of adequate
width to support additional plantings. This 3 ft. wide strip provides the
only available access to the rear of lhe west side property without
trespassing onto the adjacent lot. Staff recommends that he applicant
add a cluster of 3 aspen trees (3" min. caliper) to the planting area in
front of the wesl unit.
The degree to whlch rellet from the strlct and llterat lnterpretatlon
and enforcement ot a speclfled regulatlon |3 nec$sary to achleve
compa$blllty and unltormlty of treatment among sltes In the vlclnlty
or to attaln the oblectlyes ol thls tltle wlthout grant of speclal
prlvllege.
East side setback varianco reouests
Staff believes that the extent of the front ard side setback
encroachments resulting lrom the addition of the two car garage and
second level GBFA is the minimum necessary to achieve relief lrom the
strict and literal interpretation and enforcemenl of the setback regulation
and would not constitute a grant of special privilege to this property
owner. The applicant is attempting to add allorvable GRFA while
dealing with the existing constraints on the lot. These constraints
include the location ol the existing building, well within the lront and side
setback area, a 20 ft. wide sewer easement wrapping around the west
and south sides of the building, a wetland area located approximately 10
I
fl. from the existing building on the south side and a considerable
amount of large trees located on the south and east si'es of the
property.
West sidg setback variance reouest
ThE localion ol the west side unit, well beyond tre existing setback
lines, leaves very litile room lo add GRFA without obtainlrE a setback
variance. The applicanb' proposed addition does not appoar to be an
excessive request lor relief from the strict and literal interpretation and
enforcsment of fie setback regulation.
3. The efiect ol the requesled varlance on ilght and alr, dlstrlbuUon of
populatlon, tranEportatlon, traff lc tacllltles, publlc tacllltles and
utlllUes, end publlc sabty.
East side setback variance reouests
As mentioned previously, the planning staff feels that approval of the
proposed lront and side yard variances wiil greaily improve the existing
transportation and public safety situation which cunenily exisb at the
site. The addition of a two car garage should alleviate some ot the
vehicle congestion in the public right-of-way direcily in lront of this
building.
Wesl side setback variance reouest
The addition to the building on the west side wiil not negatively effect
light and air, distribution of population, transportation, traftic facilities,
public facilities and utilities, and pubtic safety. The proposed parking
siluation on this side of the duplex (within tre pubtic right-of-way) wiil not
change as a result of the addition being proposed. Section 19.52.040
(Off-Street Parking and Loading, Additions or Changes) ol the Vail
Municipal Code states:
"For additions or enlargemenb of any existing building or
change of uss that would incrsase he total number of
parking spaces required, the additional parking shall be
required only for such addition, enlargement or change
and not for fie entire building or use.'
No additional parking spaces are required to be provkJed as a result of
the proposed remodel to the west side of the tuiEing.
The Plannlng and Enylronmental Oommlsslon shall make the tollowlng
tlndlngs before grantlng a varlance:
B.
I That the granting of the vadance will not constitute a grant ol special
privilege inconsistent wih the limitations on other properlies classified in
the same district.
That lhe granting of lhe variance will not be detdmental to the public
health, saf€ty or welfare, or materially inlurious to properties or
lmprovements in tho vicinity.
That the variance is wananted for ons or more of he lollowing reasons:
a. The strict lileral inlerpretiation or enforcement of the specilied
regulation would result in practical difficulty or unnecsssary
physical hadship inconsistent with the o$ectives of ttis title.
b. There are excoption or extaordlnary circumstances or conditions
applicable to the same site of the variance that do not apdy
generally to other prop€rties in the same zone.
c. The strici interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owne/s
of other prop€rties in the same district.
STAFF RECOMMENDATION
The Planning staff recommends approval of the proposed setback variances. The
required findings necessary for granting a variance are met, in staff's opinion, as
discussed below:
1. Staff believes that granting approval of the variances would not constitute a
grant of special privilege as the Town has approved similar variance requests
lor lot owners when certain development standards (setbacks, bldg. height, etc.)
were imposed after the building was constructed.
2. Statf believes that approving the variances will nol be detrimental to public
health, safety or welfare, or materially injurious to properties or improvements in
the vicinity. Public safety may actually be enhanced by virtue of allowing as
many as three cars to park on the lot, rather than in the public right-oFway
where they are cunently parking.
3. Staff believes that the variances are warranted because the location of the
existing building in respect to setbacks, vegetation, the sewer easement, and
the wetlands area creates an extraordinary circumstiance and physical harGhip
which warrants some flexibility in the setback requirements.
As a condition ol appoval, staff recommenG ftat the applicant attempt to save fis
largest of the three trees located on the east side ol the building. Any tsees that are
removed should be mulched on the site. The proposed deck on the south side of the
1.
2.
3.
V.
remodel should be moved lurther to he east in order to lessen its impact on the
wetland area. Prior to the issuance ol a bullding permit, fre applicant will be required
to provHe a letter from the Army corps of Engineers slatirE that they haro revlewsd
the proposed addition and that neither a general permit tr26 nor an individual Section
4O4 permit is necessary. Stafl recommends that the applicant add a cluster of 3 aspen
tre6s (3' min. caliper) to th€ planting area in front of the w€st unit and addhional
spruc8 (6 ft. min. heBht) and aspon trees (2'mln. caliper) In the area €a!!t of the sast
skJe remodel. These tress may be placed on Lot 2 tf deemed appropiate by the pEC
ard the applicant.
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Project Application
Project Name:
Project Description:
Contact Person and Phone Lz vJ"Lb
o^" F<Lr'"rf Flrrq?s:
q 76- -9/os
R<r*4e
Dr..-'<r Io sA, Va;L. C o. g/657
owner, Address and phone: Drs tr*l *-J z^*= 0,s-f- [[tt#- '(rg - :{93
St'fe ar.5 g C ir.. L
Architect, Address and Phone:
Legal Description: Lo't
O,sfeLhofgf * 6 -! io i s i o ^s , 7","TFA0/*X)
Com menls:qsg ?, g*1eq,ns )ole C,r. (c
Design Review Board
o^,. {tL A, /?q3rk
Seconded Or, , ,.- ,\
/ - -*€r!ornr a g>lJcq<f*oq-L l<oceu) prs:AFFFo\rAts-(enneft9 i =4-
Motion by:
Seconded
(e&* e*
[.. rU<.r, or:l il tw 51
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Town Plan ner
on",7k/qz
L*u ks
E Statt Approval
I'FfLr c0Py
involved with down valley and she is concerned with the quality tor this project. She
also said that Mr. Lauterbach should consider putting a deck over the shed roof.
Mr. Lauterbach responded that the project down valley is not completed and that he
himself is not comfortable with it the way it looks right now either.
Kathy Langenwalter stated that she is concerned with window treatments.
Jeff Bowen motioned for approval of this request in accordance with the findings in the
staff memo with the provision that the applicant work on the seven staff concerns
elucidated by Jim Cumutte. Chuck Crist seconded the motion. Jim asked the PEC to
consider approving this request with 6,450 sq. ft. of GRFA, calculated according to
today's definition, rather than as 6,000 sq. ft. of GRFA wilh a stair credit. Jim telt tltis
would be preferable for consislency's sake so that no project would be calculated
differently than our new definition allows. Jeff Bowen amended his motion accordingly.
The motion was seconded by Chuck Crist. A unanimous vote of 6-0.approved this
request.
5. A request for a work session to discuss setback variances to allow for an addition to
the residence located at 4582 Streamside Circle/Lot 1, Distelhorst Subdivision.
Applicant: Drs. Fred and lnes DistelhorstPlanner: Jim Curnutte
Jim Curnutte presented the staff memo and outlined the concerns that statf has with
this request. The lirst of these was the removal of the 2 ft. diameter tree on the south
side of the building and the three trees on the east side of the building (25 ft., 25 ft.,
and 35 ft.). Statf feels that the applicant and PEC should consider a remodel to the
entryway of the building in order to save lhe group of 3 trees on the east side of the
building. The second concern pertains to a wetland encroachment of the proposed
deck. Staff feels that the encroachment can be avoided by cutting back the deck or
placing the deck on the east side of the proposed remodel. The third concern staff has
with this project is the proposed landscaping. Specifically, there is a net loss of trees
with this proposal and additional landscaping needs to be added.
Kyle Webb stated that he would like to ask for an entryway roof overhang setback
encroachment on the east side of the building. He then showed the PEC what he had
in mind.
Jeff Bowen then inquired why it was not possible to save the tree.
Kyle Webb stated that lhere was no room on the site to shift the plan around and
make functional rooms. He said that the placement of the sewer lines by previous
construction really limited the buildable area of the lot.
Plannlng and Envlronmental Commlsslon
February 8, 1993
t" '
Jim Curnutte stated that Russ Forest went to the site and agreed that tho site did
contiain wetlands. He said that Russ recommended that the U.S. Army Corps of
Engineers come out and review the proposed encroachment.
Kristan PriE stated that this was a diflicult situation because we do npt lechnically
enforce wetland regulations. ln the past, as a condition of approval of a request, we
have asked for a letter from the Corps prior to the issuance of a permit to avoid
problems for the applicant.
Chuck Crist stated that it was too bad that the trees would have to go. He suggested
that the applicant add a few more to the plan.
Kathy Langenwalter straled that this plan was a sensitive use of the site. She feels that
more integration between existing and new is needed but would make those comments
when the prolect goes to DRB. She asked if the applicanl could mulch the trees on
the site.
Kyle webb stated thal he will agree to mulching the trees.
Diana Donovan stated that there do not appear to be problems with the variances for
this request. She told the applicant that he would need to come back before the PEC
for a final hearing in two weeks, February 22,1993.
6. A request to amend Chapter 18.24 Commercial Core l, and Chapter 18.26 Commercial
Core ll of the Town of Vail Zoning Code (relating to exterior alteration).
Applicant: Town of VailPlanner: Shelly Mello
Chuck Crist motioned to request that Chapter 18.24 Commercial Core I be amended
with Kathy Langenwalter seconding the motion. A unanimous vote of 6-0 approved
this request.
7. A request for a setback variance, at the Manor Vail Lodge, to allow th'e construction of
atrash enclosure,located on a Partof Lot 1, Block B, VailVillage Seventh Filing/S9s
Vail Valley Drive.
Applicant Manor Vail LodgePlanner: Andy Knudtsen TABLED INDEFINITELY
Chuck Crist motioned to table this request with Jeff Bowen seconding the motion. A
unanimous vote of 6-0 tabled this request indefinitely.
8. A request for a maior exterior alteration, site coverage variance, and landscape
variance to allow exterior modilications to the Hill Building located at 254 Bridge
streeva part ot Lot L, Vail Village First Fiting.
Plannlng and Envlrcnmental Commlsslon
February 8,1993 g
Ft{- [ 08P y
IIEMORANDUM
TO: Planning and Environmental Commission
FROM: Gommunity Development Department
DATE: February8, 1993
SUBJECT: A request for a work session to discuss possible setback variances to allow for
the addition of an enclosed garage and additional GRFA to the duplex located
at 4582 Streamside Circle/Lot 1, Distelhorsl Subdivision.
Applicant: Drs. Fred and lnes Distelhorst and Kyle WebbPlanner: Jim Curnutte
DESCRIPTION OF THE REQUEST
The applicanls are requesling a work session lo discuss possible setback variances to
allow for the addition of a two-car garage and additional GRFA within the front and
side setbacks on the east half, and the addition of GRFA in the side selback on lhe
west half, of the duplex located at 4582 Streamside Circle/Lot 1, Distelhorst
Subdivision. The lot is currently zoned Two Family Residential (duplex) which has a
setback requirement of 20 ft. in the front and 15 ft. along lhe side and rear property
lines. The building currently encroaches into the front and west side setback areas.
The existing building encroachmenl into the tront seiback is approximately 15 ft., or to
within 5 ft. of the front property line. The extent of the building encroachment into the
west side setback is approximately 12ll., or to within 3 fl. of the west property tine.
Portions of the western half of this duplex are also currently located in a 20 ft. wide
sanitary sewer easement. The applicant has provided a letter from Fred Haslee,
Regulations Administrator tor the Upper Eagle Valley Consolidated Sanitation District,
which indicates that the District has reviewed the plans and is willing lo granl an
"Encroachment Agreement" tor those portions of the remodel proposed to be located
within the easement. Mr. Haslee has further indicated that the District will soon be
realigning the easement further to the west and south lo cover portions of the sewer
line that ars not in the easement.
The variances being proposed are a parl of a major remodel to the duplex locabd on
Lot 1. The west unit currently has 1,220 sq. ft. ot GRFA and the east unit has 562 sq.
ft. of GRFA. The proposed addition would result in a net GRFA gain of 5 sq. ft on the
west side and 2,071 sq. ft. on fie east side. The allowable GRFA on this lot is 5,028
il.
sq. ft. After the remodel, 1,170 sq. ft. of GRFA will be available. The proposed
remodel to the west side ot he duplex involves the expansion of the main level dining
room. This addition will be located directly above the existing storage shed/crawl
space access. Above lhis expansion will bs loft area with three large wirdows to allow
lor additional light into the living area.
The east side addition calls for a bedroom and storage rooms on he new lovrrer lovel,
a new two car garage and expanded kilchen, living and dining rooms on the enfy level
and three bedrooms and two bathrooms on the new upper level.
East side setback variance reouests
Front and side setback variances are being requested to allow lor the proposed
remodel to the easl side of the duplex. That portion of the remodel which encroaches
into the lront setback area involves the construction of a two car garage on the first
floor and a portion of two bedrooms and a balcony on the second floor, directly above
the garage. The proposed garage and bedrooms encroach a maximum ot 7 ft. into the
front setback area and approximately 2-112 ft. into the east side setback area, however
the building's 3 ft. overhang on the easl side encroaches approximately 5-112 ft. Into
the side setback. Section 18.58.040 (Architectural Projections) of the Vail Municipal
Code allows rool overhangs to encroach up to 4 ft. into a required setback area.
However, since the building overhang in this particular location is approximately 5-112
ft. from the building, the last 1-112lt. of this overhang must receive variance approval
in order io allow for its construction. As exhibited on the atlached site plan, there are
certain building leatures located within the east side setback area (i.e. covered
entryway and associated support columns and access stairs lo lhe deck), however,
these encroachments are allowed to project 4 ft. into thg setback area without requiring
variances. The setback varlances would allow lor a7lt. encroachment Into the
20 ft. tront setback for the garage and second floor bedroom and a 1-1t2lt.
encroachment, beyond the 4 ft. allowable, Into the 15 ft. slde setback lor a roof
overhang.
West side variance request
The requested variances associated with the west half of the duplex are for the
addiiion of GRFA located at and above an existing storage shed on the west side of
the building. This shed is currently used for storage as well as a@ess to the unifs
crawl space. The proposed remodel would not enlarge the horizontal dimensions of
the existing encroachment. However, this addition will be carried all the way up to the
building overhangs. lt is this second and third story addition which is prompting the
need for obtaining a variance. lt should be pointed out that the new second and third
level encroachment on he west side does not project further west than the existing
buifding overhang. The setback varlance ls to allow lor a 12 ft. encroachment Into
the 15 ft. west slde setback.
BACKGHOUND
The Distelhorst duplex was built in 1967, in Eagle County, prior to annexation ot this
area inlo the Town of Vail. The building is considered to be a pre-existing non-
conforming use. The applicant has stated that al the lime ol construction of the
building, Eagle County's setback requirements were 5 ft. and Streamside Circle had
nol been widened to the full exlent of its 50 ft. right-o-way.
III. ZONING ANALYSIS
Zoning: Two Family Residential(Duplex)
TotialSite Area: 19,275 sq. ft.
Allowed Density: Two dwelling units
Existing and Proposed Density: Two dwelling units
Allowed GRFA: 5,028 sq. ft.
Existing GRFA: 1,782 sq. ft.
Proposed GRFA: 3,858 sq. ft.
Maximum building height allowed: 33 ft.
Existing building height: 24 ft.
Proposed building height: 28 ft.
Allowed Site Coverage: 3,855 sq. ft. ee/",
Existing Site Coverage: 1,240 sq. ft. ( 6%)
Proposed Site Coverage: 2,140 sq. fl. (11%)
Required Parking: 4 spaces (currently located otf-site)
Proposed Parking: 5 spaces (3 spaces for the east half
located on-site and 2 existing
spaces for the west half located
off-site)
Minimum Landscaping Required: 11,565 sq. ft. (60%)
Existing Landscaping: 17,125 sq. ft. (89"/.)
Proposed Landscaping: 16,175 sq. ft. (84%)
IV. CRITERIA AND FINDINGS
The criteria and findings to be used to evaluate this proposal are set forth in Secdon
18.62.060 ol the Vail Municipal Code. The criteria and findings are as follows:
A. Varlance Crllerla:
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 and literal intsrpretiation and
3
v.
enforcement of a specified rogulation is necessary to achieve
compatibility and uniformity ot treatment among sites in the vicinity or toattain the objectives of this tiile without grant oi special privilege.
3' The effect of the requested variance on light and air, distribution ofpopulation, transportation, traffic facilities, public facilities and ulililies,
and public safety.
B. Varlance Flndlnos:
1. That the granting of the variance will not constitute a grant of specialprivilege inconsistent with the limitations on other proferties ctassineO in
the same district.
2- That the granting of the variance will not be detrimental to the public
hearth, safety or werfare, or materiaily injurious to properties oi
improvements in the vicinity.
3. That the variance is wananted for one or more ot the tollowing reasons:
a. The stilci literal interpretation or enforcement ol the spec16d
reguration wourd resurt in practicar difficurty or unneoessary
physical hardship inconsistent with the objectives of this tiile.
b' There are exception or extraordinary circumstances or conditions
appticabte to the same site of the variance that do not applygenerally to other properties in the same zone.
c. The stricl interpretation or enforcement of the specified regulation
would deprive the appricant of privireges enjoyed by the oine/s
of other properties in the same district.
ITEMS FOR DISCUSSION
Although staff feels that there is sufficient cause to support the specific variances beingrequested by the applicants, we do have some reservations with'regard to certiain
?specb of the proposed remodel. staff has requested that the appiicants discuss
these issues at a work session in order to receive comments and ipecific directionfrom the PEC. The areas of concern are as follows:
Prooosed removal of exislino trees
The proposed remodel involves the removal of several large trees cunently located onthe east and south sides of the east unit. To the east is Jgroup ot three Engbman-
spruce trees. These trees are approximately 25n.,25 tt. ano g5 ft. high. To-the southis a.2 ft. diameter Engleman spruce, which is approximatety 50 ft. higf,, and a smalldeciduous tree. The appticants have stated that although they haveionsidered
various ways lo save the trees, they are unable to do so and would like to remove
them. Although staff was specifically concerned about preserving the 50 ft. tall spruce
tree south ot the building, it appears lhat it would be ditficult and possibly require lhat
the building be relocated into the side setback to avoid the tree and wetlands. Todd
Oppenheimer, the Town ol Vail Landscape architect, has indicated that in order to truly
'save'the tree, no porlion of the building may be located within the tree's 'drip line'.
The drip line is the area below the tree canopy. The three trees on he east side ol
the building, however, may be preserved wih only minor modifications to the proposed
plans. Staff would recommend that the location of the proposed building walls nearest
these fees be pulled back several feet in order to preserve the trees. This will require
the redesign of the east unit entry.
Prooosed wetlands encroachment
The plan shows a proposed 12 ft. x 14 ft. deck located south of the expanded building.
Although lhe applicant has cantilevered the deck as much as possible, lhe support
columns are still encroaching into a wetland area. Also, even though the deck is
located approximately 7 tt. above grade, it appears thal it will have a negative effect on
the existing willows in the wetland area. Staff suggests that the length of the deck be
reduced and the support columns be relocated out ol the wetland area. Also, staff
would like the applicant to consider relocating the deck further east in order to lessen
the overall wetlands impact on this side of the building.
Additional landscaoino
The applicant has provided a very good landscape plan, however, it would not appear
that the amount of landscaping being proposed adequately compensates for lhe
amount of vegetalion being lost as a result of the remodel. Staff requests that the
applicant add a cluster of 3 aspen trees (3" min. caliper) to the planting area in lront of
the west unit and 3 additional spruce trees (8 ft. - 12 ft. min.) in lhe area east of the
proposed remodel. These trees may be placed on Lot 2 if deemed appropriale by the
PEC and the applicant, as lhe appliccant owns both lots.
Although staff generally recommends the addition of trees in lhe immediate area of a
variance request, we do not believe that the area between the west side addition and
the west property line is of adequate width to support additional plantings. This 3 tl.
wide strip provides the only available access to the rear of the west side property
wilhout trespassing onto the adjacent lot.
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]rn, *, * n/5olo", orrrRrO
DATE:
LEGAL DESCRIPTION: LoC I Rloqk
ADDREsS : 'lSg? S-hr.o^ti)<, c,..Le
si+tng,
I I,j)%f tJ
OWNER
Height
ToTaI GRFA
Setbacks Front
Sides
Rear
Water Course Setback
Site Coverage
Landscaping
Retaining Wal1 Heights
Parking
Garage Credit
Drive:
View Corridor Encroachment:
EnvironnentaL,/Hazards :
q75- 5 toS @\
wto @WPl,Peaar €,eu
Date approved by
v€,4---\<_No
PHONE
PHONE
4ze - 3v6 3
ARCHITECT
zoNE DrsTxtCt Too k,-',( A<.s, : Dtf LeK
Lt71 -oa6s A)
PROPOSED USE DueLe Y
**LoT SrZE
Allowed
s@
Existinq Proposed Tot,aI
5 aaz, S | ,78 a e.o7 6...'.'--(,,ou&+t (
-- g,e
20,
15'
15,
@@a6@
r-,.?<//c Nz.
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r3-'2ffi-sl
tJ4
t,elo qoo d,t4o1tz)
3' /6'
5 neqra
Permj-t.ted Slope B% ActuaL Slope
,-p l/+
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Town Engineer: _
\,/ ') ') ')
1) Flood Plain
2) Percent Slope
3) Geologic Hazardsa) Snow Avalancheb) Rockfall
c) Debris Flow4) Wet.lands
Previous conditions of approval (check property file)
..loes this request invol,ve a 250 Addit.ion? l/OHow much of the allowed 250 Addit.ion is useffiiEis request? 6
**Note: Under Sections 18.12.090(B) and 1g.13.090(B) of the Municipalcode, lots zoned Two Family and primary/secondary which are less tian15r000.s9. ft. in area may not construct a second dwelling unit. Thecommunity Development Depart.ment may grant an exception t; thisrestriction provided the applicant rneet.s t.he criteiia set forth underSections 18.12.090 (B) and 1 8.13.090 (B) of the Municipal Code includingpermanently restricting the unit as a long-Lerm rentir unit, for furl-time employees of the Upper Eagle Valley.
r.0
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission ot the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on February 8, 1993, at 3:00 P.M. in the Town of Vail Municipal Building.
Consideration of:
1. A request for a joint work session with the Planning and Environmental Commission
and the Design Review Board for a conditional use permit for an addition to the
Municipal Building to house the Vail Police Department, located at 75 South Frontage
Road West (at the east end of the existing Municipal Building), and as legally
described below:
A part ol lho Sbutheast 1,/4 of Seclion 6, Township 5 Soulh, Rang€ 80 W€st of lhe Sirlh Principal Maridlan, County ot EEOle, Slale of
Colomdo, more panicularly dgscribed as tollows: Comm€ncing al lh€ Souhoast corn€r ol said Ssclion 6, lherEo Nonh 00 dggreqs
28 mlnules 16 soconds W€sl and alooo rhs Easl line of sald Southeast l/4 of said Ssction 6 72.75 lh€ Easl line ol said Soulh€ast
1/4 of said Sectlon 6 72.75 teor to a polnt, said point belng 1 t0,00 foel nonhoaslsrly from lho south€rly rlght{l-way lln€ ot U.S.
Highrray No, 6 as msasur€d al right angl€s th€.€to; lhenc€ Nonh 79 d€gro€s 46 minutss 1 I seconds Wesl and along a line patallol
to said soulh€rly right-of-way lin€ 145.50 foet to Th€ Tru€ Polnl ol Bsginning: thence Norlh 16 d€Orses 08 mlnules 47 seconds Easl
78.00 f€€t; lh€nc€ Nonh 68 d€grges 08 rnlnutss 35 ssconds W€s1428.70 fo€l; benca Nonh 66 degr€€s 01 mlnulos 29 seconds
Wssl l52.57 le€t lh€nce South 27 degr€€s 42 minulss 40 soconds Wsst 192.66 fs€l; lh€nco Soulh 52 degr€es 48 minulss 5'0
seconds East 36.32 t€€l lo a polnt. sald point belng '|10.m feol nonheasl from said South righl-olway line of U.S, Highway tlo. 5 as
m€asurgd at right anglos lhorslo: lh€nc€ South 79 d€gf€os 46 minutgs 1'1 sgconds Easl and along a line p6rall€l lo 6aid Soulh right
ofway lln€ 585.56 f€€l to The Tru€ Poinl of B€glnning.
Excgpl $at ponion convoyed lo th€ Board ot County Commissionets ol Eagl€ County, 6nd tho Ooparlm€nl of Highwa],s, Slal€ ot
Colo.ado by rul6 6nd ofd€r rocorded January 5, 1971 in Book 219 al Pag€ 441.
Applicant:
Planner:
Applicant:
Planner:
A request for a major exterior alteration, site coverage variance, and landscape
variance to allow exterior modifications to the Hill Building located at 254 Bridge
StreeVa part of Lot L, Vail Village First Filing,
2.
Town of Vail
Mike Mollica
Blanche Hill
Shelly Mello
3.A request for a minor subdivision and a zone district change from Primary/Secondary
Residential to Low Density Multiple Family, for the Schmetzko property, generally
focated at 2239 Chamonix Lane, more particularly described as:
Pafc€l A: A lracl of land conlaining on€ acre, more or lssr, locatod In lho South 112 ol lhe South Easl l/4of Secllon l1,Township5
Soulh, Bang€ 81 W€sl ol ths Sirlh Princlpal M€rldlan, mor6 parllcularly d€scrlb€d as follows:
Beglnnlng al tho NE corn€r ol lh€ SW 1/4 ol the SE 1/4 ot sald Section 1l: thsnco woslerly along he norhody llno ol sald SW t/4 of
th€ SE 1A baaring soulh 86 20'W a distance ot t57.80 lt to a polnt:
Thgnce Bouth€rly along a line 167.80 lt. dls€nt lrom and pa€il€l to tho €ast lino of sajd SW 1l4 ol lhs SE 1/4, a dlsrsnco ot 200.m
R, loami :
Thorrce oasl€rly a dislancs ol 167.80 lL along a lln€ 200.00 tt dlstant from and parallel ro lhe nonh line ol 6ald SW 1/4 ol lhe SE 1/4
lo a polnl on lE €ast line;
Th€nce oasl€rly on a lins parailel lo th€ nodh llne of fie SW'l/4 ot t|e SE 1/4 ot S€ctlon 11, a distance ol50.95 tl. lo a poinl:
\plqe
1o
*'
Thsnce nodhorly and paralld wilh fie rr€st lino of lho easl '1/2 ot lhe SE 1/4 ot said S€clion I l, a distancs ol 200.00 tt. b he polnt
of Inlg6gcdon wnh lhe ort€osbn ot lho no.th lln€ ot lh€ SW l/.l ot lho SE l/.1 ol sald Soctlon l l:
Thenc€ wGledy on a d€t€cliv€ angle lotl of 95 21Od aiong fis qlonslon of ths nonh llno ol he SW l/a of the SE l/4 of said
Socdon't1, a dbtanca ol50.95 ft to rhe NE co.r|{ ol
'|o
SW 1/l otrhe SE 1/4 ot S€crbo ll, bolnO thc polnt ot b€glnning.
Parcol g; Tracl A VailHeighls Fillng ilo, 1 accordlng lo the recordgd plat f|grsoL
Applicant: Erich Schmetzko
Planner: Andy Knudtsen
A request for setback variances, a stream setback variance and a parking variance to
aflow an addition to the residence located at 4592 Streamside Circle/Lot 1, Distelhorst
Subdivision.
Applicant: Drs. Fred and Ines Distelhorst
Planner: Jim Curnutte
5. A request for a Bed and Breakfast to be located at 1850 South Frontage Road
WesVLot 3, Alpine Creek Townhouse Subdivision.
Applicant: Dr. Richard Engle and Gertrude OlsonPlanner: Shelly Mello
6. A request for a setback variance and site coverage variance to allow an addition and
garage loithe residence located at 1886 West Gore Creek Drive/Lot 50, Vail Village
West, Filing #2.
Applicant: Christopher and Donna Mumma BartlettPlanner: Andy Knudtsen
7. A request for a conditional use to allow for an outdoor dining deck for the Uptown Grill
Restaurant, located at 521 East Lionshead Circle/Lot 3, Block 1, Vail/Lionshead First
Filing.
Applicant: Joel Fritz and Richard N. Brown
Planner: Tim Devlin
8. A request to amend Chapter 18.24 Commercial Core l, and Chapter 18.26 Commercial
Core ll of the Town of Vail Zoning Code (relating to exterior alteration).
Applicant: Town of Vail
Planner: Shelly Mello
o
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Uppen Elcle Vallev Coxsottoareo
Saurnrton Dtsrntcr
846 FOBEST ROAD. VA|L, COLORAOO 81657
(so!) rzo-z.lso. rax (go3) 476-4069
January 2O, 1993
Mr. James A. Curnutte
Town PlannerOfflce of Communlty Development
Town of VaiL
75 South Frontage Road 9leatVail, Colorado 81657
RE: tot 1, Dietelhorst Subdlvieion
Dear Jln:
Thls letter Ls a follow-up to my conversation wlth Mr. Kyle Webb
which occurred today. As you know, Mr. Webb ia attenpting to
purchase the above referenced property and expand the structure.
The District ls aware of the encroachmenta that Mr. Webb Is
requesting. I have attached a copy of thoee encroachmente for both
of, our reference. Based on the infornatlon eupplled by Mr. Webb lt
appeara that the Dlstrict wilJ. grant an "Encroachment Agreement"
for the epecific reguests.
The District tras discovered that tlre sewer nain on the east side
and on the south side of the structure 1g not withln the recorded
eaaement. Mr. 9febb and the Dlstrl.ct are noet in the process of
correcting that nlsalignnent by neana of establlshing a new
easement and vacating the exietlng easement. We hope to have this
leEue reeolved wlthin the next 30 days.
If you have any concerns or questions pleaee contact the District.
Sincerely,
Y*u \. \\r.rQi-u
Fred S. Haslee
Regulatlong Adninistrator
cc: Customer Account #497470Mr. KyIe 9lebb (Fax #4?6-0710)
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EAGLE-VAIL METFO WATER. EDWAROS METFO WATER. LAKE CFEEK MEAOOWS WATER
UPPER EAGLE FEGIONAL WATEB AUTHOBITY. VAIL VALLEY CONSOLIOATED WAT€R N
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Town Planner
INTER-DEPARTMENTAL REVIEW
/ .a
.{ s 82, >liAns)e
PRQIEGT:D,'tLe<Cr't'<L< tr#
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
|A;J::"";*#;-TL oF qrt evi{i2 }'v&x
FIRE DEPARTMENT
/,2c 23
Reviewed by:
Comments:
4ao.o--Date:
/L/o O4/-t--'J7o'r'5
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Betum rc Tir^n f, 'rnc€<-
Town Planner
INTER-DEPARTilENTAL REVIEW
L I*ns A*r=,.
usga >{t**ts
crtd< +csf
PROJECT:
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
BR|EF DESCRIPTION OF THE PROPOSAL: , A ,
,4Jrll,;r, -tO ,b.fu s|",lel a# ctt+ e{b{,*g J*
PUBLIC WORKS
,*"-* * 6*1 [r{i on", l*lqs
Comments:.
''
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c'vvPL d',r-'u^y { Jr,'.r. *u1 7*L,
I
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Application Date | ' 11.13
I.This procedure
vari.ance. fheinformation is
TPEI..ICtrIION
is reguiredapplication
subnitted.
PEC MEEIING DAIE z.bN<
rOR A VTRITNCI
for any project requestj.ng a
will not be accepted untif all
NAr'{E oF opp"rce"r D,r. €rA 4 \M/<Q#lLtar(f
ADDRESS
A.
B.
D.
E.
NAtr{E oF AppLrCA}.lrs REpRESEurarrrrB [41h-. lieL{r
aoonsss
\",1r(- 4/ 4A pHoNE/i{t.ozlEW
C. NAl,tE OF OWNER(S) (type
OWNER(S) SIGNATURE(S
ADDRESS
,l
LOCATION OF PROPOSAI: LEGAL DESCRIPTION: LOT-f,-
BLOCK he FILING
moressffife,z &ari* (iftV
$250.00 PArD #-EY
THE FEE @JE BE PAID BEFORE THE COMMUNITY DEVELOPMENT
DEPARTMENT WILL ACCEPT YOUR PROPOSAL.
F. Stamped, addressed envelopes of the names of owners of
all property adjacent to the subject property INCLUDING
PROPERTY BEHTND AND ACROSS STREETS, and a list of their
names and mailing addresses. THE APPLICANT wI],L BE
RESPONSIBLE FOR CORRECT I,IAILING ADDRESSES.
II. A pre-application conference with a planning staff mernber isstrongly suggested to determine if any additionalinformation is needed. No application will be accepted
unless it is complete (must include all items reguired bythe zoning administrator). It is t.he applicant'sresponsibility to make an appointment wj-th the staff to findout about additional submittal reguirements.
III. PLEASE NOTE THAT A COMPI..ETE APPLICATION WILL STREA}4LINE THE
APPROVAI PROCESS FOR YOUR PROJECT BY DECREASING THE NUMBER
OF CONDITIONS OF APPROVAL THAT THE PLANNING AND
ENVIRONMENTAL COMMISSION (PEC) MAY STIPULATE. ALT
CONDITIONS OF APPROVAL I.'UST BE COMPLIED WITH BEFORE A
BUILDING PERMIT IS ISSUED.
FOUR (4) COPIES OF THE FOLLOV{ING MUST BE SUBMIITED:
A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE
VARIANCE REOUESTED AND THE REGULATION INVOLVED. THE
STATEMENT MUST AISO ADDRESS:
L. The relationship of the requested variance toother existing or potential uses and structures inthe vicinity.
brtl,(rwt
PITONE
cf,troN - tolrN otr \rf,rl,
DATE APPLICATION RECETVED :
DATE OF DRB MEETING:
tt*t**t*tl
TAIS IPPI.ICAIION TIII.& NOT BE ACCEPEED
tmTrL ALL REQI'TRED rttFORtrAlrrON rS SI'BMTTTEDt*****trti
I.PROJECT INFORI{ATION:
A. DESCRIPTION:
o
TPPLI
O revigcd
COIOR,ADO
9/419L
B. TYPE OF REVIEW:
New Construction
y' Addition ($50.00)
(9200.00)Minor Alterat,ion (S20 .00)
(s0)
a meets and bounds legal
on a separate sheet and
C. ADDRESS:
E.
G.
H.
I.
J.
K.
NAI.{E OF OITINERS:
.SIGINAII'RE (SIilinq Addrbss:
Condominium Approval if applicable. -. tJf .
DRB FEE: DRB fees, as shown above, are to be paid atthe tine of submittal of DRB application. Later' when
applying for a building permit, please identify t,he
accurate valuatj.on of the proposal . The Town of Vail
will adjust the fee according to the Eable below, to
ensure the correct fee is paid.
FEE SCHEDULE:
VALUATION$ 0 - $ 10,000I 10,001 - s 50r 000$ 50,001 - $ 150, 000
9150,001 - S 500,000
$500r 001 - $1,000,000$ Over S1,000r 000
FEE
$ 20.00
$ s0.00
$100.00
$200.00
$400.00
s500.00
* DESIGN REIITEW BOARD APPRO\TAI. EXPIRES ONE YETR AFTER FITIT!
APPRO\IAL, ITNLESS A BUILDING PERI{II IS ISSIIED AND CONSTRUCTfON fS
STARIED.
**NO }PPLICATION TNII.L BE PROCESSED I{ITEOUT OI|NER'S SIGNATT'RE
Conceptual Review
I
D. LEGAL DESCRIPTION: T,Ot 1 BIOCK
If property is described bydescription, please provide
attach to this application.
subdivisio" Ff*l\a-rr\-
ZONING:
LOT AREA: If reguired, applicant
stamped survey showing lot area.
NAME OF APPLICANT:
Mailing Address:
NA!{E OFMailing APPLICAT{T' S REPRESENTATI\TE :
Address:
must provide, a currentn-.216 fr
o
NAI,IE OF
LEGAL DESCRIPTION: LOT-]-
STREET ADDRESS:
DESCRIPTION OF
sroN Di+Jl&,4r
The foll-owing information is
Review Board before a final
A. BUILDING MATERIATS:
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashings
Chinneys
Trash Enclosures
Greenhouses
Other
for submittal to the Design
can be given:
MATERIAL COLOR
required
approval
TYPE OF
B.LANDSCAPING: Name of Designer:
Phone:
PLANT MATERIALS:
PROPOSED TREES
EXISTING TREES TO
BE REMOVED
Ouantitv Size*h d,i44 4'uni*.cal.F--
I oa,l
-4
+=l
I+6t\
* Indicate caliper for deciduous trees.fndicate
I
I
I
I
ll
Common Name
F*Jr,uarrr$ a/*T ,+
trees.
Ouantitv Si.ze*
EXISTING SHRUBS
TO BE REMOVED
*Indicate size5 qallon.
GROUND COVERS
soD
SEED
TYPE
OF IRRIGATION
TYPE OR METHOD
EROSION CONTROL
of proposed shrubs.
TvDe
Minimum size of shrubs is
Souare Footaqe
t ,_OF N/A
C. LANDSCAPE LIGHTING: If exterior lighting is proposed, please
show the nunber of fixtures and locations on a separate
lighting plan. Identify each fixture from the lighting plan
on the list below and provide the wattage, height above
grade and type of light proposed.
OTHER LANDSCAPE FEATURES (retaining walls, fences, swimming
poo1s, etc.) Please specify. fndicate heights of retaining
walls. Maximum height of waLls within the front setback is
3 feet. Maximum height of watls elsewhere on the property
is 5 feet.
n
FOR
o*, *, R P/S ZONE DTSTRTC|
LEGAL DESCRTPTION: Lot 1 Block
-
Filing
DArE: \.tt.14,D#\Laat-<j"
ADDRESS:
OWNER?M*PHONE
PHONE
4bzvz
ffi,.o'r -
ZONE DISTRICT
PROPOSED USE
**LOT SIZE
Height
TOIAI GRFA
Allowed Existinq
Setbacks Front
Sides
Rear
water Course Setback
Site Coverage
Landscaping
Retaining WalI Heights
Parking
Garage Credit
Drive:
*l/,+
r+!1"..r{4''l -Z#,*"
20t
15'
15'
(30) (s0)v-
tzls
-etq
Tw
rh^n'
l*
View Corridor Encroachment: Yes
Environmental/Hazards: 1)
2',)
3)
UilITA€rirary GRFA 6A. + 42s =.,.AJ- Wf 5+h
#SuE* ""ro Bz + 42s =3p)3- tl1o 15ffi.
(30) @ .l^
<o2-9- lb6o lbt3
TotaL
oel1S)
lLa<
tt%
aq1
i7^4 tbTo
3' /61
4 Reoro
Proposed
4l
U-AI6-u4,11ff4
(300) (600) (e0o) (1200 t 6rr- lt
Pernitted Slope 8* Actual Slope - 1%
Date approved by Town Engineer:
No-J- r ? ?
Flood P1ain
Percent Slope t{ -
Geologic Hazardsa) Snow Avalanche
b) Rockfallc) Debris Flow
4) Wetlands
Previous conditions of approval (check property file)
Does this request involve a 250 Addition? -Jle-How much of t.he allowed 250 Addition is used r"iith this request?
**Note: Under Sections 18.12.090(B) and 18.13.080 (B) of the Municipal
Code, lots zoned Two Family and Prinary/Secondary which are less than
15r000 sq. ft. in area may not construct a second dwelling unit. The
Community Development Department may grant an exception to this
restriction provided the applicant meets the criteria set forth under
Sections 18.12.090(B) and 18.13.080(B) of the Municipal Code including
permanently rest.ricting the unit as a ]ong-term rental unit for full-
time employees of t.he Upper Eagle Valley.
r.0
4 J?/'14-At k?4wf1 '.
-l-
Vailance Requesl
DislelhorstMebb Duplex
Lot 1, Distelhor$ Subdivision
1.11.93
l. Descdption
Drs.'s Fred antl Ines Distelhorst are requesting a setback variance in order to remodel a duplex
residence and add a two car garage t0 a site dirent t0 their orvn permanent residence.
The affected duplex was buift in 1967 in Eagle County prior t0 annexation by the Town 0f Vail.
Under Eagle County, 5' selbacK were enforced and Streamside Circle had yet t0 be widened to its
current 50' Right ol Way. These reasons diclate its exlsting non mnformities and didate the limits
of its renovation potentials.
ll. Zoning
The DistelhorstAtVebb Duplex is in the R, 0r lwo Family Zone DNric1.. The builtling is considered a
pre-existing non+onformhg use. Although fte proposed renovation's 3293' GRFA would not
e)ceed the allowable GRFA of 5028' nor the 28' height elceetl the allowable 33' building height, a
variance b required because 0f site constrainb ard the existing non-conformities.
lll. llaflurc ol Uaiance
The nature 0f the requested encrorchments b to create a two car garaoe 0n a site with no existing
garage and limited on-site ffing space.
The site is constrained by Gore CreeKs exising setbacK, and 100 Year Flood Plain t0 the South
and EasL The existing Unit A's location t0 the West and is existing non+onformiues do not permit
any substantial adtlitions including highly desired garage spirce. Unit B's locailon permib the only
arailable area t0 e)eand lurther onto the site and create garage spee. In addition, Unit B's
renovation cannot oreatly impact the amount of naural light arailable t0 unit A
These <lefine the limited buildable area available and dictate the garage location, which in tum
dictates the prirtbal layout of the home's llving spmes.
lV. Helationship to Adiacent Buildings
Distelhort's residence t0 the East, in its existing form will remah 28'to 29'from fie renovation.
South ol the site is fie Vail Requet Club that is separated from fie renovation by Gore Creek and
it's existing 50'setbmks on both sides along with the 100 yearflood plain. Their adjacenrywillnot
change due to efsting parts 0f fie structure. West of the site is the Byers Duplexwhhh adjeency
will not ctffge. North 0f the site is lhe Ruder residence txil ls seFrated from fie addition by
Streamside Circle's Right of Way and its ensuing setbacK. Their adiacercy will not be change
from the existing conditions.
U. Degree of Requested Reliel from stlicl enlorcement
Ihe proposed setbrk encrotrhmens on unit B range from 1'to 3' at three separate building
comers wifr 2' to 5' encroffhmenb at the roof overhangs above the lwo Northeast building
comers. The roof overhmgs encroehmenb are didated by mabhing existing rooflines on the
building.
The other encroachment is t0 infill :m area 0n unit A belour tre exlsling roof and above an existing
storage room whi$ is currenily 3'from the existing property llne. This ensorchment is req$sted
h order to add 54' of GRFA on Unit Awtriotr has the only option ol adding non+onformhg height
<lue to existing setbtrk non4onformities at fie Norh and West sides, the existlng partywallt0 the
East and a existino sflver einementt0 the South. The inlillareawill primarily h usetl t0 replace
the amount of natural light being remwed by Unit B's renovation and add GRFAwithout adding
height to the existing building.
Vl. Eflecls on Ught and Ail, dhttibution 0f populdion, trcnspoilation and Traffic, public
hcilitiee and utilities, and public safety.
The proposalwill increase tn limited on-site pafiing fiou0h the addition of a two car garage. The
uisting parkng sitJatbn h cunently relieved through a pafting easement on the adiacent lot 2,
and the rcquested variiilrce will redme the need for mis easement..
Otherwise, the proposetl renovation should not hare any offier imprt on ttm above named
consideralions.
Vll, thw this reque$ complim wtth Vail's Gomprchemive Plan
wA
CERTIFICATE
nF t'1'INERSHTP
Know all men
Distelhorst,
situated in
by rhese presenEs that Frederlck W. Dis!elhorst zrnd I nes ll .
being sole owners in fce slmple of all thac real pl:oPerty
Ehe Town of Vall, Eagle CounEy, Colorado dtrscribed as follorrs:
LoE 1, DlsEelhorsE subdlvlslon, accordlng to che plat thereof recorded
in Ehe offlce of Ehe Eagle County, Colorado Clerk and Recorder, containing
0.442 acres, more or less.
STATE OF COLORADO )
) ee.
COT'NTY OF EAGLE )
ln6trumen!^was acknorrledged before me thls [1 ii",
"', A.D. ff uy Frederlck w' Dlstelhorst and rncs 1"r '
My counls ;lon explrea-[!tl'9 .
Wit.rress my hand and seal.
Notary Publlc
Address:
TITLE CERTITICATE
Tranaa[erlca Tltle Inaurance Conpany doee hereby cerElfy
exanl"ned the Tltle to all lande ehoun uPon Eh18 map and that
free and clear of all llena, taxes' and encumbrances ' excePt
that iE has
such Title is
as foll ows:
e by chese presenta lald out, platted, and subdlvided tlre same as sh
blts ffnat plat under the name and style of "A Resttbdlvislon of L<>;/
orst Subdlvislon", a subdivislon 1n the Town of Vail' Ea
rado; and do hereby accePt responslbilj Ey for the c
improvements; and do hereby dedicaEe and seE
and other publlc improvemenEs and pl
at to the use of the Publlc fogg
f eald real properrY whl
olaE ae eagenenta
rlght to ln8
plet ion
p;rr:t a I 1's as shown
r I and do hereby
re ind{t:at.ed as
r Ehe purpuse showtt
I and rnalntaitr necessa rY
6vldlng Ehe services for
1, Dis
County, Co
of che requir
of the public ro
on the accompanylng
dedlcate thotr portl
easenents on Ehe acconpan
hereong and do herebY grant E
sEruccures co che enElty reEPono
which the eaaeDenta are establls
Executed ttrrs 13 day of
ederlck W.
Ines Il. Dlstelhors t
P.O. Box 1639
Vall, Colorado 8f658
telhors t
he foregolng
Djl-s-Glhorst.
F
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IF
{||' Transanerlca Tltle Ineurance Company
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ZOf, ING AIDTINISIRATOR CERTIFICATE
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owner, Address and phonei lt^= fr"-f rn^o 0, -{"(fo'u{( ? . fr,-(-< t-t.< LL
a ject Application
Proiecl Description:
Architect, Address and Phone:
1_-I Abe!lv,{'-!4 rvlSf@r\
Zone
-
Design Review Board f/
o^," 6/ ,8/q3
Motion by: B kr' '
seconded o, f,, .bU<N
@
LI-o
-L'
*;
Town Planner
o^,." s/a>/q3
E statr Approval
o
TPPLI
DATE APPTICATION RECEIVED :
DATE OF DRB MEETING:
******t***
TSTS NPPLICJI,EION TTII.L NO! BE ACCEPEED
UNIIIIT eLIr REQUIRED INAORIIIAIION fS SUBUIITED' *t******t*r.
a
CIATION -
a rfsea sl4lgt
TO!{N Or VLrL, COTORADO
A.
B. TYPE OF REVIEW:
New Construction ($200.00)rnor
Addition ($50.^00_)Con
C. ADDRESS:
D. LEGAL DESCRIP
Alterat,ion
1ar )'1igw
($20 .00)
(90)
Block
Subdivision
If property
desqription,
is descrLbed byplease provide
attach t.o applicatlon.
ZONING:
LOT AREA: If requlred,
stamped survey showing
a meets and bounds legal
on a separate sheet and
applicant must provide a currentlot area.
H.NAI'IE OF APPLICAI{T1
E.
F.
G.
,t.
K.
ing Address:
I. NAI'18 OF
*SIGNATT'RE (S) :Mailing Address:
Condoninium ApprovaL if appllcable.
DRB FEE; DRB fees, as shown above, are to be paid atthe tlne of subnittal of DRB application. Lat,er, when
applying for a building permit, please ident,ify the
accurate valuat,ion of the proposal-, The Town of Val-lwill adJust the fee according to the table beloc, to
ensure the correct fee is paid. . -r/1a-EEE PAIDI S. (Y
FEE SCHEDULE:
VALUATION$ 0 - $ 1o,0ooI 10,001 - s 50,000
. s 501001 - s 150,000
91501001 - $ 500,000
$500r 001 - $1r 000,000$ . Over S1r 000,000
FEE
$ 20.00
s s0.00
9100.00
$200.00
$400.00
$500.00
APPLICAIiIT:
Address:
,?W
* DESIGN REII'IIEI| BOARD APPRO\TAI.I EXPIRES OI{E YEAR AFTER ETNAII
APPRO\IEI I'NI.ESS A BUII.DING PERMIT IS ISSI'ED A}ID CONSTRI'CTTON IS
SIARTED.
**NO APPLIC,ATION WII.I. BE PROCESSED WIIEOUI OI{NER' S SIGNATURE
1
rr . "*"-*tort """rr"n,
ra
In addit.ion to meeting submittal_ reguirements, theapplicant must stake and tape the pioject sitl toindicate property llnes-, building fines and buildingcorners. All trees to be renoved rnust be taped. Alfsite tapings. and staking must be completed piior to theDRB site visit. Th" applicant must bnsure Lhat stakj.ngdone during the winter is not buried by snow.
The review process for NElf BUILDINGS normally reguirestwo separate meetings of the Design Review eoard:- ac-onceptual approval and a final approval . Applicantsshould plan on presenting their development |-roposal ata minimum of two neetings before obtaiiring finaiapproval .
Applicants who fait to appear before the Design ReviewBoard on their scheduled meeting date and who-have notasked in advance that discussion on their item bepostponed, will have their items removed from the DRBdocket until such time as the item has beenrepublished.
The following items may, at the discretion of thezoning adninistrator, be approved by the ComnunityDevelopment Department staff (i.e. i formal heariirgbefore the DRB may not be required):
a. Windows, skylights and simitar exterior changeswhich do not alter the existing plane of thebuj.lding,' and
b. Building addiLion.proposals not visible from anyother lot or public space. At the time such aproposal is submitted, applicants must includeJetters from adjacent property owners and/or fromthe agent for or manager of any adjacentcondoninium association stating the associationapproves of the addition.
If a property is located in a napped hazard area (i.e.
snow avalanche, rockfall, flood plain, debris flow,netland, etc) r a hazard study must be submitted and theovrner must sign an affidavit recognizing the hazardreport prlor. to the j.ssuance of a building perrnit.Applicants are encouraged to check with a-Town plannerplig-r to DRB application to determine the relationshipof the property to all mapped hazards.
For all resldentlal construction:
a. Clearly indicate on the floor plans the insidefaee of the exterior structural walls of thebuilding; andb. Indicate with a dashed line on the site plan afour foot distance fron the exteri-or face of thebuilding walls or supporting columns.
If DRB approves the application with conditions ormodifications; all conditions of approvaL must beresolved prior to Town issuance of a building permlt.
a plg-?pplication meeting with a menber of the planningstaff is. strongly encouraged to determine if any additionalapplication information is needed. ft is the aiplicant'sresponsibility to make an appolntment with the itaff todetermine if there are additionat subnittal requirements.Prease note that a coMpLETE apprication will st-reanline theapproval process for your proJect.
III.
A.
B.
c.
D.
E.
F.
G.
NA},IE OF PROJECT:
LEGAT, DESCRTPTTON: LOT-[- BLOCK SUBDIVIS
STREET ADDRESS:
DESCRIPTION OF PROJECT:
M o
The following information is
Review Board before a final required for submittal to the Design
approval can be given:
A.BUILDING I'IATERIALS:
Roof
Siding
Other wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
FIues
Flashings
Chinneys
Trash Enclosures
Greenhouses
Other
LANDSCAPING: Name of
TYPE OF MATERIAL COLOR
Botanical Name Common Name Ouantitv Size*
B.
PLANT T'IATERIAI,S:
PROPOSED TREES
EXISTING TREES TO
BE REMOVED
*fndicate caliper for deciduous trees. Minimum caliper for
deciduous trees is 2 inches. Indicate height for coniferoustrees. Mininum heiqht for coniferous trees is 5 feet.
Designer:
Phone:
PLAN' 'l*rC Botanicat Nane t'"" t"
PROPOSED SHRUBS
EXISTING SHRI'BS
TO BE REMOVED
*Indicate size of proposed shrubs. Minimum size of shrubs is5 qallon.
Tvpe Scruare Footaqe
GROI'ND COVERS
soD
SEED
TYPE
OF IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
C. LANDSCAPE LIGHTING: If exterior lighting is proposed, please
show the number of fixtures and locations on a separateIighting plan. fdentify each fj.xture from the lighting plan
on the list below and provide the wattage, height abovegrade and type of light proposed.
D. OTHER LAIIDSCAPE FEATURES (retaining walls, fences, swimmingpools, etc.) Please specify. fndicate heights of retainingwalls. Maximum height of walls within the front setback is3 feet. Maximum height of walls elsewhere on the propertyis 6 feet.
Ouantitv Size*
t/ \ .
.l I r . ,
n Heview Action Flt
TOWN OF VAIL
catesoryllumuer 4 oate Q-Zo-44
Prdtectuanet ?nln+ &3N Vlmtilnl
Building Name:
Project Desoription:
Owner, Address and Phone:ZA
14 -O7bq
ArchitecUcontact, Address and Phone:
Legat Description: t-ot I A Bbck- suooivlsionbiaklhOr';t- Zone District L
proiectsrre€tAdarex: 4692' A''slream+yle - r r c t<-
Comments:
Moiion by:
Seconded by:
I Approval
! Disapproval
\g[staffRpprovat
Conditionsr
0i*troN - ror^ oF-\rarr,, ef;*;sad
e/4/eL
sEP 1 t lgg{
DATE APPT.ICATION RECEIVED :
DATE OF DRB MEETING:,
*i********
ttq.r+q+
ruV'US[ll'DE[''Dffi i"f lll8lH:"ll3l'A?loff '3'33II?l"o
I.PROJECT INFORMATION:
A. .DESCRIPT.IQN:
B.TYPE OF REVIEW:
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G.
H.
ZONING:
LOT AREA: If required,
stamped survey showing
must provide a currentapplicantlot area';
APPLICANT' S REPFESENTAT IVE :
Address:
Phone
I.NAI'{E OF OT|NERS.:,
STGNATnRE (S) :Mailing Address:
Condoninium Approval if applicable.
DRB FEE: DRB fees, as shown above, are to be paid at
t,he time of submittal of DRB application. Laterr when
applying for a building pernit, please identify the
accurate valuation of the proposal. The To
wiII adjust the fee according to the t
ensure the correct fee is paid.
FEE SCHEDUTE:
VALUATION FEE$ 0 - $ 10,000s 10r 001 - $ 50r 000
s 50,001 - s 150,000
$150,001 - s 5001000
$500,001 - $1,000, oo0$ Over $1,000' 000
* DESIGN RE|IIIEI{ BOARD IPPROVAT EXPIRES ONE YENR ITTER' TINAI
IPPRO\TAI. UNI.ESS A BUII.DING PERMIT IS ISSUED Al{D CONSTRI'CTION IS
SIARTED:
NAI'18 OF
Mailing
,J.
K.
$ 20.0
$200.00
$400.00
$s00.00
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Nest Construction ($200.00) X Minor Alteration ($20.00)
-TAddition ($50.00)Conceptual Review ($0)
C. ADDRESS:
D. LEGAI DESCRIPTION:
Subdivision
If property is described bydescription, please provide
attacb to thls appllcation.
a meets and bounds legal
on a separate sheet and
NAME OF APPTICANT:
below, to
lilW q4t't4v
**NO APPLICJI,TION T{I!.L BE PROCESSED WTTHOUT OI{NER'S SXGNATT'RE
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PARTY WALL AGREEMENT AND
DECLARATION OF
COVENANTS, CONDITIONS AND RESERVATIONS
FOR
A RE SUBDIVISION OF.. LOT 1, DISTELHORST SUBDIVIS]ON
TOWN OF VAIL, EAGLE COUNTY, COLORADO
RECITALS
1 . Fred W. and Ines W. Distelhorst ('Declarants") are the owners of the real
property situate in the County of Eagle, State of Colorado, described as Lot 1,
Distelhorst Subdivision, Town of Vail, Eagle County, Colorado. and containing
19,297.08 square feet or 0.443 acres more or less.
2. Declarants have constructed on Lot 1 a building consisting of two units, each
designed and intended for use and occupancy as a residential dwelling unit,
designated herein as 'Lot 14 West" and "Lot 1 I Eastn, respectively, which are
sometimes referred to herein separately as "unit" or collectively as "Units",
DECLARATION
Declarants do hereby publish and declare that the following terms, covenants,
conditions, easements, restrictions, uses, reservations, limitations, and obligations
shall be deemed to run with the land described herein, shall be burdened and a
benefit to Declarants, their personal representatives, heirs, successors, and assigns
and any person acquiring or owning an interest in ihe real property which is
described herein and improvements built thereon, their grantees, personal
representatives, heirs, successors, and assigns.
DEFINITIONS
Unless the context shall expressly provide otherwise, the following terms shall have
the following meanings:
A. "The Properties" means all of the real estate legally described as Lot 1,
Distelhorst Subdivision, Town of Vail, Eagle County, Colorado, containing
19,297.08 square feet or 0.443 acres more or less.
B. "Lot'or "Building Site" means Lot 14 West or Lot 18 East. as shown on the
Map together with all appurtenances.
C. "Duplex" or "Building" means the two contiguous dwelling units constructed
upon the Parcels.
D. "Unit" means any one of the two dwellings comprising the "Duplex'.
E. 'Map" means the engineering survey of the Properties by Eagle Valley Surveying,
Stan Hogfeldt, Colorado P.L.S. No. 26598, depicting and locating specifically
thereon the Parcels and improvements thereon, such land and improvements being
hereby submitted to this Declaration. Such Map shall be recorded in the office of
Eagle County Clerk and Recorder prior to the recordation of this Declaration.
DESCRIPTION AND RESERVATION.
A RE SUBDIVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
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Every Contract of Sale, Deed, Lease, Mortgage, Trust Deed, Will or other Instrument
shall legally describe a Unit or real property interest as follows:
Lot 1A West or Lot 18 East (as the case mav bel, a Resubdivision of Lot 1,
Distelhorst Subdivision, according to the recorded map thereof recorded in Book
. Page . of the records of the Clerk and Recorder of Eagle County, State of
Colorado.
Every such description shall be good and sufficient for all purposes to sell, convey,
transfer, encumber or otherwise effect the Lot and all appurtenant rights, benefits,
and burdens thereto as created by the provisions of this Declaration , and each such
description shall be so construed. This provision shall apply to the properties as said
term (the Properties) is defined in this Declaration.
PROPERTY DIV]SlON.
1. Declarants hereby establish this ptan for the subdivision of the Propenies into
Two (21 Parcels for the ownership in fee simple consisting of Lot 14 West and Lot
1B East.
2, The Properties shall be subject to the easements noted on the map and those set
forth herein.
3. In the event Lot 1A West and Lot 1B East are owned by the same entities, the
doctrine of merger shall not apply.
4. The parties, if more than one, having the ownership of each such unit shall agree
among themselves how to share the rights and obligations of such ownership;
provided, however, that if a corporation, partnership, association or other legal
entity shall become an owner or the parties, of more than one, have the concurrent
ownership of a unit. then such entity or concurrent owners in all matters concerning
all rights and obligations pursuant to this Declaration.
5. Any such entity or concurrent owners shall give written notice to the other
owner designating the individual to act on its or their behalf and such notice shall be
effective until revoked in writing by such entity or owners, Any act or omission by
such designated individual shall be binding on the entity or owners having
designated him in favor of the other owner or any other person who may rely
thereon.
6. Each unit shall be considered a separate parcel of real property and shall be
separately addressed and taxed.
7, Each unit shall shall equally divide the maximum amount of square footage or
Gross Residential Floor Area (GRFA) allotted to the entire parcel per Town of Vail
Zoning Ordinances valid at the time of any proposed additions of square footage.
Allowable Square Footage or Gross Residential Floor Area (GRFA) Allocations
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Lot 1A West
Lot 18 East
50%
50%
ENCROACHMENTS.
lf any of Lot 1A West and Lot 1B East now encroaches upon the parcel as a result
of the construction of any building, or if any such encroachment shall occur
A RE SUBDIVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL. EAGLE COUNTY, COLORADO
PAGE 2
hereafter as a result of senling or shifting of any building, a valid easement for the
encroachment and for the maintenance of the same so long as the building stands,
shall exist, In the event any building shall be paftially or totally destroyed as a result
of fire or other casualty or as a result of condemnation or eminent domain
proceedings and then rebuilt, permission for said encroachments of pafts of the
building on th.e other parcel, due to such rebuilding, shall not be unreasonably
withheld, so long as such encroachments are of no greater extent than those
previously existing, and valid easements for such encroachments and the
maintenance thereof shall exist so long as the building shall stand.
PARTY WALL.
(s! The common wall placed equally divided on the common boundary separating
Lot 1A West and Lot 18 East, the footings underlying and the portion of the roof
over such wall is collectively referred to herein as the "Party Wall'.
(b) To the extent not inconsistent with this Declaration, the general rules of law
regarding pany walls and liability for damage due to negligence, willful acts or
omissions shall apply to the Party Wall, and to the owners, successors, invitees of
same, the residences on either side of said Party Wall,
(c) The owners of either unit shall have a perpetual easement in and to that part of
the other unit on which the Party Wall is located, for party wall purposes, including
mutual support, maintenance, repair and inspection. In the event of damage to or
the destruction of the Party Wall from any cause, then the owners shall at joint
expense, repair or rebuild said pany wall, and each owner. shall have the right to the
full use of said pany wall so repaired and rebuilt. Notwithstanding anything
contained above to the contrary, if the negligence, witlful act or omission of any
owner, his family, agent to invitee, shall cause damage to or destruction of, the
Party Wall, such owner shall bear the entire cost of repair or reconstruction, and an
owner who by his negligent or wittful act causes the Party Wall to be exposed to the
elements shall bear the full cost of furnishing the,necessary protection against such
elements, Said owner will repair in the same form as wall originally existed, save for
changes necessary to comply with current code standards.
TANDSCAPING. SERVICE FACILITIES AND PARK]NG.
(al The owners from time to time shall undertake such landscaping and general
outdoor improvements including but not limited to driveway and parking areas as
they may mutually and unanimously deem proper for the harmonious improvement
of both units in a common theme, and, except for any expense or liability caused
through the negligence or willful act of any owner, his family, agent or invitee,
which shall be borne solely by such owner, each owner shall share all expenses,
liabilities and general upkeep responsibilities with respect to such landscaping and
outdoor improvements, The owner of one unit shall not unreasonably damage the
value of the other unit such as shoddy upkeep outside, but both owners shall make
all reasonable efforts to preserve a harmonious common appearance of the units.
(b) lt is hereby agreed that there shall be a limitation in the responsibility and liability
of the non-initiating owner to said landscape, paving, etc. Limiting his responsibility
only to those items necessary to maintain the property at the standard set on the
approved landscaping plans accepted by the Town of Vail at the time of said Minor
Subdivision.
A RE SUBDIVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
PAGE 3
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lcl Common utility or service connections or lines, common facilities or other
equipment and property located in or on either if the units but used in common with
the other unit. if any, shall be owned as tenants in common of equal undivided one-
half interests by the owners of each unit and, except for any expense or liability
caused through the negligence or willful act of any owner, his family, agent or
invitee, which shall be borne solely by such owner, all expenses and liabilities
concerned with such property shall be shared proportionately with such ownership.
The owner of the unit on which such property is not located shall have a perpetual
easement in and to that part of such other unit containing such property as is
reasonably necessary for purposes of maintenance, repair, and inspection.
{dl lt is expected that common access facilities will be provided on a portion of each
of the units. There is hereby created a reciprocal easement and right-of-way for each
owner over, across and through that part of the parking and access facility located
on the owner's unit. The owners shall have equal right to the use of such access
and no owner shall hinder or permit his invitees to hinder reasonable access by the
other owner and his invitees to the other owner's unit or park or permit his invitees
to park any vehicle on the parking and access facility located on the other owner's
unit without the consent of the other owner. lt is presumed that snowplowing will
be required from time to time, the cost of which will be shared by the owners.
Other maintenance, repaired from time to time, and the same shall be undenaken
upon the unanimous agreement of the owners who shall share all expenses.
ALTERATION, MAINTENANCE AND REPAIRS.
(al In addition, to maintenance provided for, the owners shall, at their joint expense,
provide exterior maintenance and exterior repair upon unit and the unimproved
portions of the parcel upon which is located including, but not limited to, the exterior
and the roof housing the units, repair, replacement or cleaning of exterior windows
shall be considered interior maintenance. lf the need for repair is caused through the
negligence or willful act of any owner, his family, agent or invitee, such owner shall
bear the entire costs of such repair or reconstruction.
(b) In the event an owner at his expense fails to maintain, preserve, and replace as
needed, the trees. shrubs, and grass {the plantings} within the propeny boundaries
of his residence commensurate with the standards set by the other residences in
immediate neighborhood, the other owner may, bfter 15 days written notice to the
owner, if such failure and if within said time the owner has failed to make a good
faith effort to bring his plantings into substantial conformity with his neighbors
plantings, the other may contract with responsible panies to bring to standard the
offending owner's plantings and charge the owner therefore and such cost shall be
added to and become a part of the assessment to which such site is subject, The
owner hereby grants to the other owner, its agents and assigns, an irrevocable
easement to perform the aforesaid,
(c) Each owner shall be solely responsible for maintenance and repair of the inside
of his unit including fixtures and improvements and all utility lines and equipment
located therein and serving such unit only, window, glass and frames shall be
deemed interior maintenance. In performing such maintenance and repair, or in
improving or altering his unit, no owner shall do any act or work which impairs the
structural soundness of either unit or the Party Wall or which interferes with any
easement granted or reserved herein.
A RE SUBDIVISION OF LOT I, DISTELHORST SUBDIVISION. TOWN OF VAIL, EAGLE COUNTY, COLORADO
PAGE 4
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(dl Utility or service connections or lines, facilities or other utility equipment and
property located in, on or upon either of the units, which are used solely to supply a
service or utility to one unit shall be owned by the owner of the unit using such
utility or service and all expenses and tiabilities for repair and maintenance shall be
borne solely by the owner of such unit, who shall have a perpetual easement in and
to that part of. such other parcel or unit containing such property as is reasonably
necessary for purposes of maintenance. repair and inspection.
(e) No owner shall make or suffer any structural or design change (including a color
scheme change), either permanent or temporary and of any type or nature
whatsoever to the exterior of his unit or construct anv additional building structure
of any type or whatsoever upon any part of his unit without first obtaining the prior
written consent thereto from the other owner. In case of damage or destruction of
any unit or any part thereof by any cause whatsoever, the owner of such unit shall
cause with due diligence the unit to be repaired and restored, applying the proceeds
of insurance, if any, for that purpose. Such unit shall be restored to a condition
comparable to that prior to the damage and in a harmonious mann€r to promote the
common theme of both units. ln the event that the exterior of the building is to be
repainted, restained or resided. both sides must be done in the same manner and
style at the same time.
ALLOCATION OF EXPENSES.
Costs and expenses of items specified herein except as caused by negligence of
willful act of owner, or specified otherwise herein, shall be allocated in the following
proportions:
Landscape, Service facilities, Grounds Maintenance and Repairs
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Lot 14 West
Lot 1B East
Lot 14 West
Lot 18 East
Parking, Building Exterior Maintenance and Repairs and Roof Maintenance
500h
50%
33%
66%
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MECHANIC'S LIENS: INDEMNIFICAT]ON.
(a) Except for items incurred as a common expense as provided for herein, if any
owner shall cause any material to be furnished to his parcel or unit thereon or any
labor to be performed therein or thereon, the,other owner shall not under any
circumstances be liable for the payment of any expense incurred or for the value of
the work done or the material furnished; all such work shall be at the expense of the
owner causing it to be done, and such owner shall be solely responsible to
contractors, laborers, materialmen, and other persons furnishing labor or materials to
his unit or any improvements therein or thereon; nothing herein contained shall
authorize either owner or any person dealing through, with, or under wither owner
to charge the unit of the other owner with any mechanic's lien or other lien or
encumbrance whatever; and, on the contrary (and notice is hereby givenl the right
and power to charge any lien or encumbrance of any kind against one owner or
against one owner's unit for work done or materials furnished to the other owner's
unit is hereby expressly denied.
(bl Except as provided for below, if, because of any act or omission of any owner,
any mechanic's or other lien or order for the payment of money shall be filed against
the other owner's unit or any improvements therein or thereon or against any other
A RE SUBDTVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
PAGE 5
owner (whether or not such lien or order is valid or enforceable as such), the owner
whose act or omission forms the basis for such lien or order shall at his own cost or
expense cause the same to be canceled and discharged of recorded or bonded by a
surety company reasonably acceptable to such other owner, within 20 days after
the date of filing thereof, and further shall indemnify and save the other owner
harmless from.and against any and all costs, expenses, claims, losses or damages,
including reasonable attorney's f€es resulting therefrom.
INSURANCE.
lal Each owner shall keep his unit and all fixtures therein insured against loss and
damage by fire extended coverage perils (including vandalism and malicious
mischiefl for the maximum replacement value thereof. Any owner may on 30 days'
written notice, at any time one year or longer after the last appraisal of the units,
obtain a written appraisal of such units from a competent appraiser, charging both
owners with the costs thereof. Such appraiser shall be a disinterested and
independent third party which is unrelated in any manner to either owner whether
through joint business adventure or otherlvise.
(b) Each owner shall provide and keep in force, for the protection of himself, general
public liability and property damage insurance against claims for bodily injury or
death or property damage occurring in, on or upon, his parcel owned in fee simple
and the improvements thereon, in a limit of not less than $500,000.00 in respect of
bodily injury or death to any number of persons arising out of one accident or
disaster, of for damage to property, and if higher limits shall at any time be
customary to protect against possible tort liability, such higher limits shall be carried
and each owner shall name the other owner as an additional insured pany under
such policv. Said party wall agreement shall cause the other owner to be listed on
the policy as an interested pafty, along with any lien or mortgage holders.
(c) Each owner shall deliver to the other owner certificates evidencing all insurance
required to be carried under this paragraph, each containing agreements by the
insurers not to cancel or modify the policies without giving the other owner written
notice of at least 30 days. Each owher shall have the right to inspect and copy all
such insurance policies of the other owner and require evidence of the payment of
premiums thereon,
(dl Said policy limit of lnsurance shalt be at least full replacement value of property
on owner's side.
te) Nothing provided in this paragraph shall prevent the owners from jointly
acquiring a single policy to cover any one or more of the hazards required in this
paragraph to be separately insured against by each owner.
DAMAGE OR DESTRUCTION
DESTRUCT]ON OF IMPROVEMENTS ON PARCEL.(al In the event of damage or destruction to a unit by fire or other disaster, the
insurance proceeds, if sufficient to reconstruct the unit, shall be deposited into a
bank account which requires, for withdrawals. the signatures of both the owners.
The owners shall then promptlv authorize the necessary repair and reconstruction
work and the insurance proceeds will be applied by the owners to defray the cost
thereof. 'repairs and reconstruction" of units, as used herein, means restoring the
A RE SUBDIVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
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improvements to substantially the same condition in which they existed prior to the
damage with each unit having the same boundaries as before.
lbl lf the insurance proceeds are insufficient to repair or reconstruct any damaged
unit, such damage or destruction shall be promptly repaired and reconstructed by
the owner using the insurance proceeds and the proceeds of a special assessment
against the owners of the unit. Any such assessment shall be equal to the amount
by which the cost of reconstruction or repair of the unit exceeds the sum of the
insurance proceeds all allocable to such unit, Such assessment shall be due and
payable not sooner than thirty (30) days after written notice thereof. The special
assessment provided for herein shall be a debt of each owner and a lien on his
parcel and the improvements hereon and may be enforced and collected by
foreclosure proceedings in the Courts.
(cl Notwithstanding the above, the owners and first mortgagees of any or all of the
destroyed or damaged units may agree that the destroyed or damaged units shall
forthwith be demolished and all debris and rubble caused by such demolition be
removed and the parcel(s) regraded and landscaped. The cost of such landscaping
and demolition work shall be paid for by any and all insurance proceeds available'
Any excess insurance proceeds shall then be disturbed to such owners and their first
mortgagees jointly.
DAMAGE TO COMMON AREA.
In the event of damage or destruction to all or a portion of the Common Area due to
fire or other disaster, the insurance proceeds of sufficient to reconstruct or repair the
damage, shall be apptied by the owners to such reconstruction and repair. lf the
insurance proceeds with respect to such Common Area damage or destruction are
insufficient to repair and reconstruct the damaged or destroyed Common Area, the
owners shall consider a special assessment. lf such assessment is approved by
both owners, the owners shall make such assessment and proceed to make such
repairs or reconstruction. lf such assessment is not approved, the insurance
proceeds may be applied in accordance with the wishes of the owners, unless made
jointly payable to the owners and the first mortgagees of their respective parcels, if
any, The assessment as to each owner and parcel shall be equal to the assessment
against every other owner and parcel. Such assessment shall be due and payable
not sooner than thirty (30) days iiftet written notice thereof. The assessment
provided for herein shall be a debt of each owner and a lien on his parcel and the
improvements thereon and may be enforced and collected by foreclosure
proceedings in the Courts,
R]GHT TO LIEN.
{a) lf an owner, at any time. shall neglect or refuse to perform or pay his share of
any obligation required hereunder, the other owner may, but shall not be obligated
to, after twenty (20) days written notice unless the circumstances require immediate
action, make such payment or, on behalf of such other owner expend such sum as
may be necessary to perform such obligation including, but not limited to, the
payment of any insurance premiums required hereunder or the undertaking of any
work required hereunder for repair, restoration or maintenance, and such other
owner shall have an easement in and to that part of such defaulting owner's unit as
is reasonably necassary for such repair, restoration or maintenance.
(b) All the sums so paid or expended by an owner, with interest thereon at the rate
of 18 percent per year from the date of such payment or expenditure, shall be
A RE SUBDIVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
PAGE 7
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payable by the owner so failing to perform (the 'defaulting owner") upon demand of
the other owner.
{c) All so sums so demanded but unpaid by the defaulting owner shall constitute a
lien on the unit of the defaulting owner in favor of the other owner prior to all other
liens and encupbrances, except: (i) liens for taxes and special assessments; and, lii)
the lien of any first mongage or first deed of trust of record encumbering such unit.
The lien shall attach from the date when the unpaid sum shall become due and may
be foreclosed in like manner as a mortgage on real property upon the recording of a
notice or claim thereof executed by non defaulting owner setting fonh the amount of
the unpaid indebtedness, the name of the defaulting owner, and a description of the
unit. In any such foreclosure the defautting owner shall be required to pay the costs
and expenses of such proceedings, including reasonable attorney's fees.
(d) The lien provided for herein shall be subordinate to the lien of any first mortgage
or deed of trust. inctuding all additional advances thereon' Sale or transfer of any
unit as the result of foreclosure of a mongage, foreclosure through the public
trustee, or any proceeding in lieu of foreclosure, shall extinguish the lien of such
assessments as to payments thereof which become due prior to such sale or
transfer, but shall not relieve any former owner of personal liability therefor. The
mortgagee of such unit who acquires title by way of foreclosure or the taking of a
deed in lieu thereof, shall not however, be liable for any past due assessment and
shalt only become liable for future assessments on the date it becomes the owner of
such unit, No sale or transfer shall relieve such unit from liability for any
assessments thereafter becoming due or form the lien thereof. In the event of the
sale or transfer of a unit with respect to which sums shall be unpaid by a defaulting
owner, except transfers to a first mortgagee in conjunction with a foreclosure of its
lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such
unit shall be jointly and severally liable with the seller or transferor thereof for any
such unpaid sums.
(el Upon written request of any owner, mortgagee, prospective mortgagee,
purchaser or other prospective transferee of a unit, the owner of the other unit shall
issue a written statement setting forth the amount he is owed under this paragraph,
if any, with respect to such unit. Such statement is binding upon the executing
owner in favor of any person who may rely thereon in good faith. Unless a request
for such statement shall be complied with within fifteen (15) days after receipt
thereof, all unpaid sums which became due prior to the date of making such request
shall be subordinated to the lien or other interest of the person requesting such
statement.
ADMINISTRAiION AND MANAGEMENT
ALL OWNER'S RESPONSIBLE . ULTIMATE CONTROT RESOLUTION.
Both parcel owners shall be mutually responsible for the administration and
management of the obligations created hereunder. However, in the event both
owners cannot mutually agree when a decision is required by this Declaration, the
impasse shall be resolved as follows:
lal Decision required in year 1994 and every second year thereafter: Lot 1A West
owner's decision is binding.
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A RE SUBDIVISION OF LOT ,I, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
PAGE 8
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(b) Decision required in year 1995 and every second year thereafter: Lot 1B East
owner's decision is binding.
OVERRIDE.
In the event any owner believes, based on the standard of the reasonable man, (il
that an impass.e decision has been made incorrectly or contrary to ht e declaration as
(iil that the owner in ultimate control is guilty of mis-, mal-, or non'feasance with
respect to this Declaration then the aggrieved owner may petition the Eagle County
District Court for judicial determination of the controversy which decision shall be
binding upon both owners, The Court may assess costs and any reasonable
attorney fees as may have been incurred by the parties based upon the merits of the
case,
USE RESTRICTIONS.
(a) Each unit shall be restricted to a residential dwelling as a permitted use, and
such use as well as conditioned and accessory uses shall be defined by the Town of
Vail Zoning Restrictions and Covenants for Lot 1, Distelhorst Subdivision, Eagle
County, Colorado.
(b) No exterior mounted radio, short-wave. television or other type of antenna
whatsoever or tank of any kind, either elevated or buried, or clothesline or
incinerator of any kind whatsoever or outside storage of any personal property shall
be permitted or maintained on either unit without the prior written approval of both
owners.
(c) In addition to the parking restrictions set forth in subparagraph LANDSCAPING,
SERVICE FACILITIES AND PARKING (c) above, each owner may keep no more than
three automotive vehicles permanently on his unit. Parking of boats, trailers,
campers, motor homes, ATVs or recreational vehicles on either unit is expressly
prohibited. Parking of more than three automotive vehicles by either owner or his
family, agent or invitee in such owner's unit for more than a 48 hour period is
expressly prohibited.
NOTICE.
Each owner shall register its mailing address with the owner and all notices or
demands intended to be served upon owners shall be sent by certified mail, postage
prepaid, addressed in the name of the owner at such registered mailing address. In
the alternative, notices may be delivered if in writing, personally to owners.
DURATION OF DECLARATION.
Each provision contained in this Declaration which is subject to the laws or rules
sometimes referred to as the rule against perpetuities or the rule prohibiting
unreasonable restraints on alienation shall continue and remain in full force and
effect for the period of 21 years following the death of Cynthia Edgenon, Fred W.
Distelhorst and lnes W. Distelhorst, or until this declaration is terminated as
hereinafter provided. whichever first occurs. All other provisions contained in this
Declaration shall continue and remdiri iri full force and effect until January 1, 2O2O
A.D., and thereafter for successive periods of ten (10) years each; unless at least
one (1) year prior to January 1, 2030 A.D., or at least one ll l year prior to the
expiration of any such ten (10) year period of extended duration, this Declaration is
terminated by recorded instrument, directing termination, signed by all owners and
all lienors holding a first mortgage or first deed of trust of record on any portion of
Lot 1A West or Lot 1B East.
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AMENDMENT OR REVOCATION.
This Declaration may be amended or revoked only (al by Declarants so long as
Declarants owns both Lot 1A West and Lot 1B East, or (b) upon Unanimous written
approval in record able form of all owners and all lienors holding a first mortgage or
first deed of tr.ust of record on any portion of Lot 1A West or Lot 1B East.
EFFECT OF PROVISIONS OF DECLARATIONS.
Each provision of this Declaration. and agreement, promise, covenant and
undertaking to comply with each provision of this, Declaration, and any necessary
exception or reservation or grant of title, estate, right or interest to effectuate any
provision of this Declaration: {i} shall be deemed incorporated in each deed or other
instrument by which any right, title or interest in any portion of Lot 1A West or Lot
1B East is granted, devised or conveyed, whether or not set forth or referred to in
such deed or other instrument; (iil shall, by virtue of acceptance of any right, title or
interest in any portion of Lot 1A West or Lot 1B East by an owner, be deemed
accepted. ratified, adopted and declared as a personal covenant of such owner and,
as a personal covenant, shall be binding on such owner and his heirs, personal
representatives. successors and assign; and shall be deemed a personal covenant to,
with and for the benefit of each owner of any ponion of Lot 1A West or Lot 1B
EasU and (iiil shall be deemed a real covenant by Declarants, for themselves. their
heirs. personal representatives, successors and assigns, and also an equitable
servitude, running, in each case, as a burden with and upon the title to each and
every portion of Lot 1A West or Lot 1B East.
ENFOBCEMENT AND REMEDIES.
(a) Each provision of this Declaration shall be enforceable by any owner by
proceeding for a prohibitive or mandatory injunction or by a suit or action to recover
damages. lf court proceedings are instituted in connection with the rights of
enforcement and remedies provided in this Declaration, the prevailing party shall be
entitled to recover its costs and expenses in connection therewith, including
reasonable attorney fees.
(b) Each owner hereby agrees that any and all actions in equity or at law which are
instituted to enforce any provision hereunder shall be brought in and only in the
District Court of Eagle County, State of Colorado.
(cl Failure to enforce any provision of this Declaration shall not operate as a waiver
of any such provision, the right to enforce such provision thereafter, or of any other
provision of this Declaration.
EXERCISE OF RIGHTS.
Any exercise of any right granted hereunder by one owner with respect to the other
owner's unit including but not limited to the use of any easement granted herein
shall be exercised in a manner which shall not unreasonably hinder, impede or
impose upon such other's use of his unit,
succEssoRs ANp AsslcNs.
Except as otherwise provided herein, this Declaration shall be binding upon and shall
inure to the benefit of Declarants and each owner and the heirs, personal
representatives, successors and assigns of each.
A RE SUBDIVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
PAGE IO
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SEVERABILITY.
Invalidity or unenforceability of any provisions of this Declaration in whole or in part
shall not effect the validity or enforceable part of a provision of this Declaration.
CAPTIONS.
The captions qnd headings in this instrument are for convenience only and shall not
be considered in construing and provision of this Declaration.
CONSTRUCTION.
When necessary for proper construction, the masculine of any word used in this
Declaration shall include the feminine or neuter gender, and the singular the plural
and vice versa,
LO
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lUIVITNESS WHEREOF Declarants have executed this Declaratio n tns d1 ''"day ot
,1994.
STATE OF COLORADO
COUNTY OF EAGLE
Subscribed and sworn to before me this d f Yta"v ot () , a-t' 't ''
1994 by Frederick W. Distelhorst and lnes W. Distelhorst. (/
Witness my hand and official seal.
My commission expires on:6, /??/
B-645 P-29 O7/rL/94 05:12P PG 11 oF 1l
A RE SUBDIVISION OF LOT 1, DISTELHORST SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COLORADO
PAGE 1 1
541073
ttuldfle
lRtc'DDEC 2Jlggl
DATE RECEIVED BY
COMMUN ITY DEVELOPMENT DEPARTMENT
APPLICATION FOR
MINOR SUBDIVISION REVIEW
CHAPTER 17.20 VAIL MUNICIPAL CODE
(4 OR FEWER LOTS)
(please print or type)
A. orrr,"o*, F,r-dyJ, ar'DJtr+ h) l<lel hryst
MAILING ADDRESS
PROPERTY OWN
OWNER'S SIGNATUR
MAILING ADDRESS
c.LOCATION OF PROPOSAL (street address)L6fu
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uoue 47h9/63
SUBDIVISION
FEE'g2so.oo pep2,fl,@_cHEcK *3fiQ-DATEJO'-/-Z - 73D.
E.The lirst step is to request a meeting with the zonir.g aEminisirator to assist the
applicant in meeiing the submittal requirements and to give the proposal a preiimi
review.
F. SUBMITTAL REQUIREMENTS
The applicant shall submit three copies, two of which must be mylars, of the
proposal following the requirements lor a final plat below. Certain of these
requirements may be waived by the zoning administrator and/or the Planning
and Environmental Commission if determined not applicable to the project.
A list of all adjacent property owners (including those behind and across the
street) WITH COMPLETE ADDRESSES shall also be submitted. In addltlon,
submlt addressed, stamped envelopes for each of the above.
Title Report verifying ownership and easements. (Schedules A & B)
An environmental impact report may be required as stipulated under Chapter
18.56 of the zoning code.
FINAL PI.AT. REQUIREMENTS AND PROCEDURE:
(Some of these requirements may be vraived.)
a. The suMivider shall submit four copies of the final plat, two of which
shall be mylars, twelve copies of the final EIR (if required) and any
additional material as required below. Within thirty days of receiving the
complete and corect submittal for a iinal plat, the zoning administrator
shall cause a copy of a notice of the time, place and general nature of
the hearing and proposal lo be published in a newspaper of general
circulation in the Town of Vail at least fifteen days prior to said hearing.
Also, adjacent property owners to the proposed subdivision shall be
notified in writing at least seven days prior to the public hearing.
4ss'
1.
2-
3.
4.
5.
B. Final Plat - Staff Review.
The final plat shall be circulated to and reviewed by the town's departmenb,
including, but not limited to Public Works, Transportation, Community
Development, Recreation, Administration, Police and the Fire Department.
Comments and concerns of these departments will be fonrvarded to the PEC
prior to the public hearing.
C. Final Plat and Supolementary Material - conlents.
The final plat and supplementary material shall contain the following
information:
1. The final plat shall be drawn in India ink, or other substantial solution, on
a reproducible medium (preferably mylar) wittr dimension of twenty-four
by thirty-six inches and shall be at a scale of one hundred feet to one
inch or larger with margins of one and one-hall 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, blocks, and names for all streets.
5. Names of all adjoining subdivisions with dotted lines of abutting lots. lf
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 easemenb 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 survey description of the area including the total acreage to lhe
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 shallbe established as major
control monuments, the materials which shallbe 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 Chapter 17.32
of this title as to the accuracy of the survey and plat, and hat the survey
was performed by him in accordance with Colorado Revised Statutes
1973, Title 38, Article 51 .
1'1. 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
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145
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Draft for TOV Approval
PARTY WALL AGREEMENT AND
DECTARATION OF
COVENANTS, CONDITIONS AND RESERVATIONS
FOR
A RE SUBDIVISION OF
LOT 1, DISTETHORST SUBDIVISION
TOWN OF VAlt, EAGTE COUNTY, COLORADO
RECITATS
1, Fred W. and Ines W. Distelhorst ("Declarants'l are the owners of the real
property situate in the County of Eagle, State of Colorado, described as Lot 1,
Distelhorst Subdivision, Town of Vail, Eagle County, Colorado, and containing
19,297.08 square feet or 0.443 acres more or less.
2. Declarants have constructed on Lot 1 a building consisting of two units, each
designed and intended for use and occupancy as a residential dwelling unit,
designated herein as "Lot 1A West" and "Lot 1 B East", respectively, which are
sometimes referred to herein separately as "unit" or collectively as "Units".
DECLARATION
Declarants do hereby publish and declare that the following terms, covenants,
conditions, easements, restrictions. uses, reservations, limitations, and obligations
shall be deemed to run with the land described herein, shall be burdened and a
benefit to Declarants, their personal representatives, heirs, successors, and assigns
and any person acguiring or owning an interest in the real property which is
described herein and improvements built thereon. their grantees. personal
representatives, heirs, successors, and assigns.
DEFINITIONS
Unless the context shall expressly provide otherwise, the following terms shall have
the following meanings:
A. "The Propenies" means all of the real estate legally described as Lot 1,
Distelhorst Subdivision, Town of Vail, Eagle County, Colorado, containing
19,297.08 square feet or 0.443 acres more or less,
B. "Lot" or "Building Site' means Lot 1A West or Lot 18 East. as shown on the
Map together with all appurtenances.
C. "Duplex" or 'Building' means the two contiguous dwelling units constructed
upon the Parcels.
D. "Unit" means any one of the two dwellings comprising the "Duplex".
E. "Map" means the engineering survey of the Properties by Eagle Valley Surveying,
Stan Hogfeldt, Colorado P.L.S. No, 26598, depicting and locating specifically
thereon the Parcels and improvements thereon, such land and improvements being
Draft for TOV Approval
hereby submitted to this Declaration. Such Map shall be recorded in the office of
Eagle County Clerk and Recorder prior to the recordation of this Declaration.
DESCRIPTION AND RESERVATION.
Every Contract of Sale, Deed, Lease, Mortgage, Trust Deed, Will or other Instrument
shall legally describe a Unit or real propeny interest as follows:
Lot 1 A West or Lot 1 B East (as the case may bel, a Resubdivision of Lot 1 ,
Distelhorst Subdivision, according to the recorded map thereof recorded in Book
_. Page _ of the records of the Clerk and Recorder of Eagle County. State of
Colorado.
Every such description shall be good and sufficient for all purposes to sell, convey,
transfer, encumber or otherwise effect the Lot and all appurtenant rights, benefits,
and burdens thereto as created by the provisions of this Declaration , and each such
description shall be so construed. This provision shall apply to the properties as said
term lthe Propertiesl is defined in this Declaration.
PROPERTY DIVISION.
l. Declarants hereby establish this plan for the subdivision of the Properties into
Two (2) Parcels for the ownership in fee simple consisting of Lot 1A W€st and Lot
1B East.
2. The Properties shall be subject to the easements noted on the map and those set
fonh herein.
3. In the event Lot 1A West and Lot 1 B East are owned by the same entities, the
doctrine of merger shall not apply.
4. The parties, if more than one, having the ownership of each such unit shall agree
among themselves how to share the rights and obligations of such ownership;
provided, however, that if a corporation, pannership, association or other legal
entity shall become an owner or the parties, of more than one, have the concurrent
ownership of a unit, then such entity or concurrent owners in all matters concerning
all rights and obligations pursuant to this Declaration.
5. Any such entity or concurrent owners shall give written notice to the other
owner designating the individual to act on its or their behalf and such notice shall be
effective until revoked in writing by such entity or owners. Any act or omission by
such designated individual shall be binding on the entity or owners having
designated him in favor of the other owner or any other person who may rely
thereon,
6. Each unit shall be considered a separate parcel of real property and shall be
separately addressed and taxed.
ENCROACHMENTS.
lf any of Lot 1A West and Lot 1B East now encroaches upon the parcel as a result
of the construction of any building, or if any such encroachment shall occur
hereafter as a result of settling or shifting of any building, a valid easement for the
encroachment and for the maintenance of the same so long as the building stands,
shall exist. ln the event any building shall be partially or totally destroyed as a result
of fire or other casualty or as a result of condemnation or eminent domain
Draft for TOV Approval
proceedings and then rebuilt, permission for said encroachments of parts of the
building on the other parcel, due to such rebuilding, shall not be unreasonably
withhetd, so long as such encroachments are of no greater extent than those
previously existing, and valid easements for such encroachments and the
maintenance thereof shall exist so long as the building shall stand,
PARTY WAtt.
(al The common wall placed equally divided on the common boundary separating
Lot 1A West and Lot 18 East. th€ footings underlying and the portion of the roof
over such wall is collectively referred to herein as th€'Party Wall".
lb) To the extent not inconsistent with this Declaration, the general rules of law
regarding party walls and liability for damage due to negligence, willful acts or
omissions shall apply to the Party Wall, and to the owners, successors, invitees of
same, the residences on either side of said Party Wall.
(c) The owners of either unit shall have a perpetual easement in and to that part of
th€ other unit on which the Pany Wall is located, for pany wall purposes, including
mutual support, maintenance, repair and inspection. In the event of damage to or
the destruction of the Party Wall from any cause, then the owners shall at joint
expense. repair or rebuild said pafty wall, and each owner. shall have the right to the
full use of said party wall so repaired and rebuilt. Notwithstanding anything
contained above to the contrary, if the negligence, willful act or omission of any
owner, his family. agent to invitee, shall cause damage to or destruction of, the
Pany Wall, such owner shall bear the entire cost of repair or reconstruction, and an
owner who by his negligent or willful act causes the Party Wall to be exposed to the
elements shall bear the full cost of furnishing the necessary protection against such
elements. Said owner will repair in the same form as wall originally existed, save for
changes necessary to comply with current code standards,
LANDSCAPING. SERVICE FACILITIES AND PARKING.
lal The owners from time to time shall undertake such landscaping and general
outdoor improvements including but not limited to driveway and parking areas as
they may mutually and unanimously deem proper for the harmonious improvement
of both units in a common theme, and, except for any expense or liability caused
through the negligence or willful act of any owner, his family, agent or invitee,
which shall be borne solely by such owner, each owner shall share all expenses,
liabilities and general upkeep responsibilities with respect to such landscaping and
outdoor improvements, The owner of one unit shall not unreasonably damage the
value of the other unit such as shoddy upkeep outside, but both owners shall make
all reasonable efforts to preserve a harmonious common appearance of the units.
(bl lt is hereby agreed that there shall be a limitation in the responsibility and liability
of the non-initiating owner to said landscape, paving, etc. Limiting his responsibility
only to those items necessary to maintain the property at the standard set on the
approved landscaping plans accepted by the Town of Vail at the time of said Minor
Subdivision.
(cl Common utility or service connections or lines, common facilities or other
equipment and property located in or on either if the units but used in common with
the other unit, if any, shall be owned as tenants in common of equal undivided one-
half interests by the owners of each unit and, except for any expense or liability
caused through the negligence or willful act of any owner, his family, agent or
invitee, which shall be borne solely by such owner. all expenses and liabilities
Draft for TOV Approval
concerned with such property shall be shared proportionately with such ownership.
The owner of the unit on which such property is not located shall have a perpetual
easement in and to that part of such other unit containing such property as is
reasonably necessary for purposes of maintenance, repair, and inspection.
(d) lt is expected that common access facilities will be provided on a portion of each
of the units. There is hereby created a reciprocal easement and right-of-way for each
owner over, across and through that part of the parking and access facility located
on the owner's unit. The owners shall have equal right to the use of such access
and no owner shall hinder or permit his invitees to hinder reasonable access by the
other owner and his invitees to the other owner's unit or park or permit his invitees
to park any vehicle on the parking and access facility located on the other owner's
unit without the consent of the other owner. lt is presumed that snowplowing will
be required from time to time, the cost of which will be shared by the owners.
Other maintenance, repaired from time to time, and the same shall be undertaken
upon the unanimous agreement of the owners who shall share all €xpenses.
ALTERATION. MAINTENANCE AND REPAIRS.
(a) ln addition, to maintenance provided for, the owners shall. at their joint expense,
provide exterior maintenance and exterior repair upon unit and the unimproved
portions of the parcel upon which is located including, but not limited to, the exterior
and the roof housing the units, repair, replacement or cleaning of exterior windows
shall be considered interior maintenance. lf the need for repair is caused through the
negligence or willful act of any owner, his family, agent or invitee, such owner shall
bear the entire costs of such repair or reconstruction.
(b) In the event an owner at his expense fails to maintain, preserve, and replace as
needed. the trees, shrubs, and grass (the plantings) within the property boundaries
of his residence commensurate with the standards set by the other residenc€s in
immediate neighborhood, the other owner may, after 15 days written notice to the
owner. if such failure and if within said time the owner has failed to make a good
faith effort to bring his plantings into substantial conformity with his neighbors
plantings, the other may contract with responsible parties to bring to standard the
offending owner's plantings and charge the owner therefore and such cost shall be
added to and become a part of the assessment to which such site is subject. The
owner hereby grants to the other owner, its agents and assigns. an irrevocable
easement to perform the aforesaid.
(c) Each owner shall be solely responsible for maintenance and repair of the inside
of his unit including fixtures and improvements and all utility lines and equipment
located therein and serving such unit only, window, glass and frames shall be
deemed interior maintenance. In performing such maintenance and repair, or in
improving or altering his unit, no owner shall do any act or work which impairs the
structural soundness of either unit or the Party Wall or which interferes with any
easement granted or reserved herein.
(d) Utility or service connections or lines, facilities or other utility equipment and
property located in, on or upon either of the units, which are used solely to supply a
service or utility to one unit shall be owned by the owner of the unit using such
utility or service and all expenses and liabilities for repair and maintenance shall be
borne solely by the owner of such unit, who shall have a perpetual easement in and
to that part of such other parcel or unit containing such property as is reasonably
necessary for purposes of maintenance, repair and inspection.
Draft for TOV Approval
(el No owner shall make or suffer any structural or design change (including a color
scheme changel, either permanent or temporary and of any type or nature
whatsoever to the €xterior of his unit or construct any additional building structure
of any type or whatsoever upon any part of his unit without first obtaining the prior
written consent thereto from the other owner. ln case of damage or destruction of
any unit or any part thereof by any cause whatsoever. the owner of such unit shall
cause with due diligence the unit to be repaired and restored, applying the proceeds
of insurance, if any, for that purpose. Such unit shall be restored to a condition
comparable to that prior to the damage and in a harmonious manner to promote the
common theme of both units. In the event that the exterior of the building is to be
repainted, restained or resided, both sides must be done in the same manner and
style at the same time.
ATLOCATION OF EXPENSES.
Costs and expenses of items specified herein except as caused by negligence of
willful act of owner, or specified otherwise herein, shall be allocated in the following
proportions:
Landscape, Service facilities, Grounds Maintenance and Repairs
Lot 1A West
Lot 1B East
Lot 1A West
Lot 18 East
Parking, Building Exterior Maintenance and Repairs and Roof Maintenance
50%
50%
33%
66%
MECHANIC'S LIENS: INDEMNIFICATION.
(al Except for items incurred as a common expense as provided for herein, if any
owner shall cause any material to be furnished to his parcel or unit theroon or any
labor to be performed therein or thereon, the other owner shall not under any
circumstances be liable for the payment of any expense incurred or for the value of
the work done or the material furnished; all such work shall be at the expense of the
owner causing it to be done, and such owner shall be solely responsible to
contractors, laborers, materialmen, and other persons furnishing labor or materials to
his unit or any improvements therein or thereon; nothing herein contained shall
authorize either owner or any person dealing through, with, or under wither owner
to charge the unit of the other owner with any mechanic's lien or other lien or
encumbrance whatever; and, on the contrary land notice is hereby givenl the right
and power to charge any lien or encumbrance of any kind against one owner or
against one owner's unit for work done or materials furnished to the other owner's
unit is hereby expressly denied.
(b) Except as provided for below, if, because of any act or omission of any owner,
any mechanic's or other lien or order for the payment of money shall be filed against
th€ other owner's unit or any improvements therein or thereon or against any other
owner (whether or not such lien or order is valid or enforceable as such), the owner
whose act or omission forms the basis for such lien or order shall at his own cost or
expense cause the same to be canceled and discharged of recorded or bonded by a
surety company reasonably acceptable to such other owner, within 20 days after
the date of filing thereof, and further shall indemnify and save the other owner
harmless from and against any and all costs. expenses, claims, losses or damages,
including reasonable attorney's fees resulting therefrom.
INSURANCE.
Draft for TOV Approval
(al Each owner shall keep his unit and all fixtures therein insured against loss and
damage by fire extended coverage perils (including vandalism and malicious
mischiefl for the maximum replacement value thereof. Any owner may on 30 days'
written notice, at any time one year or longer after the last appraisal of the units.
obtain a written appraisal of such units from a competent appraiser, charging both
owners with the costs thereof. Such appraiser shall be a disinterested and
independent third party which is unrelated in any manner to either owner whether
through joint business adventure or otherwise.
(b) Each owner shall provide and keep in force, for the protection of himself, general
public liability and property damage insurance against claims for bodily injury or
death or property damage occurring in. on or upon, his parcel owned in fee simple
and the improvements thereon, in a limit of not less than $500.000.00 in respect of
bodily injury or death to any number of persons arising out of one accident or
disaster, of for damage to property, and if higher limits shall at any time b€
customary to protect against possible tort liability, such higher limits shall be carried
and each owner shall name the other owner as an additional insured party under
such policy. Said party wall agreement shall cause the other owner to be listed on
the policy as an interested party, along with any lien or mortgage holders,
{c) Each owner shall deliver to the other owner certificates evidencing all insurance
required to be carried under this paragraph, each containing agreements by the
insurers not to cancel or modify the policies without giving the other owner written
notice of at least 30 days. Each owner shall have the right to inspect and copy all
such insurance policies of the other owner and require evidence of the payment of
premiums thereon.
ldl Said policy limit of Insurance shall be at least full replacement valu€ of property
on owner's side.
lel Nothing provided in this paragraph shall prevent the owners from jointly
acquiring a single policy to cover any one or more of the hazards required in this
paragraph to be separately insured against by each owner.
DAMAGE OR DESTRUCTION
DESTRUCTION OF IMPROVEMENTS ON PARCEI.
(a) In the event of damage or destruction to a unit by fire or other disaster, the
insurance proceeds, if sufficient to reconstruct the unit, shall be deposited into a
bank account which requires, for withdrawals. the signatures of both the owners.
The owners shall then promptly authorize the necessary repair and reconstruction
work and the insurance proceeds will be applied by the owners to defray the cost
thereof. "repairs and reconstruction" of units, as used herein, means restoring the
improvements to substantially the same condition in which they existed prior to the
damage with each unit having the same boundaries as before.
(b) lf the insurance proceeds are insufficient to repair or reconstruct any damaged
unit, such damage or destruction shall be promptly repaired and reconstructed by
the owner using the insurance proceeds and the proceeds of a special assessment
against the owners of the unit. Any such assessment shall be equal to the amount
by which the cost of reconstruction or repair of the unit exceeds the sum of the
insurance proceeds all allocable to such unit. Such assessment shall be due and
payable not sooner than thifty l30l days after written notice thereof, The special
assessment provided for herein shall be a debt of each owner and a lien on his
Draft for TOV Approval
parcel and the improvements hereon and may be enforced and collected by
foreclosure proceedings in the Couns.
(c) Notwithstanding the above, the owners and first mortgagees of any or all of the
destroyed or damaged units may agree that the destroyed or damaged units shall
forthwith be demolished and all debris and rubble caused by such demolition be
removed and the parcel(s) regraded and landscaped, The cost of such landscaping
and demolition work shall be paid for by any and all insurance proc€eds available.
Any excess insurance proceeds shall then be disturbed to such owners and their first
mortgagees jointly.
DAMAGE TO COMMON AREA,
In the event of damage or destruction to all or a portion of the Common Area due to
fire or other disaster, the insurance proceeds of sufficient to reconstruct or repair the
damage. shall be apptied by the owners to such reconstruction and repair. lf the
insurance proceeds with respect to such Common Area damage or destruction are
insufficient to repair and reconstruct the damaged or destroyed Common Ar€a, the
owners shall consider a special assessment. lf such assessment is approved by
both owners, the owners shall make such assessment and proceed to make such
repairs or reconstruction. lf such assessment is not approved, the insurance
proceeds may be applied in accordance with the wishes of the owners, unless made
jointly payable to the owners and the first mortgagees of their respective parcels, if
any. The assessment as to each owner and parcel shall be equal to the assessment
against every other owner and parcel. Such assessment shall be due and payable
not sooner than thirty (30) days after written notice thereof. The assessment
provided for herein shall be a debt of each owner and a lien on his parcel and the
improvements thereon and may be enforced and collected by foreclosure
proceedings in the Courts.
RIGHT TO IIEN.
(a) lf an owner, at any time, shall neglect or refuse to perform or pay his share of
any obligation required hereunder, the other owner may, but shall not be obligated
to, after twenty (20) days written notice unless the circumstances require immediate
action, make such payment or, on behalf of such other owner expend such sum as
may be necessary to perform such obligation including, but not limited to, the
payment of any insurance premiums required hereunder or the undenaking of any
work required hereunder for repair, restoration or maintenance, and such other
owner shall have an easement in and to that part of such defaulting owner's unit as
is reasonably necessary for such repair, restoration or maintenance.
(b) All the sums so paid or expended by an owner, with interest thereon at the rate
of 18 percent per year from the date of such payment or expenditure, shall be
payable by the owner so failing to perform (the 'defaulting owner") upon demand of
the other owner.
(c) All so sums so demanded but unpaid by the defaulting owner shall constitute a
lien on the unit of the defaulting owner in favor of the other owner prior to all other
liens and encumbrances, except: (i) liens for taxes and special assessments; and, (iil
the lien of any first mortgage or first deed of trust of record encumbering such unit.
The lien shall attach from the date when the unpaid sum shall become due and may
be foreclosed in like manner as a mortgage on real property upon the recording of a
notice or claim thereof executed by non defaulting owner setting forth the amount of
the unpaid indebtedness, the name of the defaulting owner, and a description of the
Draft for TOV Approval
unit. In any such foreclosure the defaulting owner shall be required to pay the costs
and expenses of such proceedings, including reasonable attorney's fees.
(d) The lien provided for herein shall be subordinate to the lien of any first mortgage
or deed of trust, including all additional advances thereon. Sale or transfer of any
unit as the result of foreclosure of a mortgage, foreclosure through the public
trustee, or any proceeding in lieu of foreclosure, shall extinguish the lien of such
assessments as to payments thereof which become due prior to such sale or
transfer, but shall not relieve any former owner of personal liability therefor. The
mortgagee of such unit who acquires title by way of foreclosure or the taking of a
deed in lieu thereof, shall not however, be liable for any past due assessment and
shall only become liable for future assessments on the date it becomes the owner of
such unit. No sale or transfer shall relieve such unit from liability for any
assessments thereafter becoming due or form the lien thereof. In the event of the
sale or transfer of a unit with respect to which sums shall be unpaid by a defaulting
owner, except transfers to a tirst mortgagee in conjunction with a foreclosure of its
lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such
unit shall be iointly and severally liable with the seller or transferor thereof for any
such unpaid sums.
{e) Upon written request of any owner, mortgagee, prospective mortgagee,
purchaser or other prospective transferee of a unit, the owner of the other unit shall
issue a written statement setting forth the amount he is owed under this paragraph,
if any, with respect to such unit. Such statement is binding upon the ex€cuting
owner in favor of any person who may rely thereon in good faith. Unless a request
for such statement shall be complied with within fifteen (1 5l days after receipt
thereof, all unpaid sums which became due prior to the date of making such request
shall be subordinated to the lien or other interest of the person requesting such
statement.
ADMINISTRATION AND MANAGEMENT
ALt OWNER'S RESPONSIBTE - ULTIMATE CONTROL RESOLUTION.
Both parcel owners shall be mutually responsible for the administration and
management of the obligations created hereunder. However, in the event both
owners cannot mutually agree when a decision is required by this Declaration, the
impasse shall be resolved as follows:
(a) Decision required in year 1993 and every second year thereafter: Lot 1A West
owner's decision is binding.
(bl Decision required in year 1994 and every second year thereafter: Lot 1B East
owner's decision is binding.
OVERRIDE.
In the event any owner believes, based on the standard of the reasonable man, (il
that an impasse decision has been made incorrectly or contrary to ht e declaration as
(ii) that the owner in ultimate control is guilty of mis-, mal-, or non- feasance with
respect to this Declaration then the aggrieved owner may petition the Eagle County
District Court for judicial determination of the controversy which decision shall be
binding upon both owners. The Court may assess costs and any reasonable
attorney fees as may have been incurred by the parties based upon the merits of the
case.
Draft for TOV Approval
USE RESTRICTIONS.
(a) Each unit shall be restricted to a residential dwelling as a permitted use, and
such use as well as conditioned and accessory uses shall be delined by the Town of
Vail Zoning Restrictions and Covenants for Lot I , Distelhorst Subdivision. Eagle
County, Colorado,
(b) No exterior mounted radio, short-wave, television or other type of antenna
whatsoever or tank of any kind, either elevated or buried, or clothesline or
incinerator of any kind whatsoever or outside storage of any personal property shall
be permitted or maintained on either unit without the prior wriften approval of both
owners.
(c) No animals shall be kept or maintained in, on or upon either unit, except that
each owner may keep and maintain within his unit two domesticated dogs and/or
two domesticated cats; provided, however, that such domesticated animals are kept
under control at all times, do not present a nuisance to the other owner and are kept
controlled in strict compliance with all Eagle County ordinances that may apply to
such animals.
(d) In addition to the parking restrictions set forth in subparagraph LANDSCAPING,
SERVICE FACILITIES AND PARKING (c) above. each owner may keep no more than
three automotive vehicles permanently on his unit. Parking of boats, trailers,
campers, motor homes, ATVs or recreational vehicles on either unit is expressly
prohibited. Parking of more than three automotive vehicles by either owner or his
family, agent or invitee in such owner's unit for more than a 48 hour period is
expressly prohibited.
NOTICE.
Each owner shall register its mailing address with the owner and all notices or
demands intended to be served upon owners shall be sent by certified mail, postage
prepaid, addressed in the name of the owner at such registered mailing address. In
the alternative, notices may be delivered if in writing, personally to owners,
DURATION OF DECLARATION.
Each provision contained in this Declaration which is subject to the laws or rules
sometimes referred to as the rule against perpetuities or the rule prohibiting
unreasonable restraints on alienation shall continue and remain in full force and
effect for the period of 21 years following the death of Cynthia Edgerton, Fred W.
Distelhorst and Ines W. Distelhorst, or until this declaration is terminated as
hereinafter provided, whichever first occurs. All other provisions contained in this
Declaration shall continue and remain in full force and effect until January 1, 2O2O
A.D., and thereafter for successive periods of ten (10) years each; unless at least
one (1) year prior to January 1, 2O3O A.D., or at least one ll l year prior to the
expiration of any such ten l1O) year period of extended duration, this Declaration is
terminated by recorded instrument, directing termination, signed by all owners and
all lienors holding a first mongage or first deed of trust of record on any portion of
Lot 1A West or Lot 1 B East.
AMENDMENT OR REVOCATION.
This Declaration may be amended or revoked only {a) by Declarants so long as
Declarants owns both Lot 1A West and Lot 18 East, or (b) upon Unanimous written
approval in record able form of all owners and all lienors holding a first mortgage or
first deed of trust of record on any ponion of Lot 1A West or Lot lB East.
Draft for TOV Approval
EFFECT OF PROVISIONS OF DECLAMTIONS.
Each provision of this Declaration, and agreement, promise, covenant and
undertaking to comply with each provision of this Declaration, and any necessary
exception or reservation or grant of title, estate, right or interest to effectuate any
provision of this Declaration: (il shall be deemed incorporated in each deed or other
instrument by which any right, title or interest in any portion of Lot 1 A West or Lot
1B East is granted, devised or conveyed, wh€ther or not set forth or referred to in
such deed or other instrument; (iil shall, by virtue of acceptance of any right, title or
interest in any portion of Lot 1A West or Lot I B East by an owner, b€ deemed
accepted, ratified, adopted and declared as a personal covenant of such owner and,
as a personal covenant. shall be binding on such owner and his heirs, personal
representatives, successors and assign; and shall be deemed a personal covenant to,
with and for the benefit of each owner of any portion of Lot 1A West or Lot 1B
East; and (iii) shall be deemed a real covenant by Declarants, for themselves, their
heirs, personal representatives, successors and assigns, and also an equitable
servitude, running, in each case, as a burden with and upon the title to each and
every poftion of Lot 1A West or Lot 1B East.
ENFORCEMENT AND REMEDIES.
(a) Each provision of this Declaration shall be enforceable by any owner by
proceeding for a prohibitive or mandatory injunction or by a suit or action to recover
damages. lf coun proceedings are instituted in connection with the rights of
enforcement and remedies provided in this Declaration, the prevailing pany shall be
entitled to recover its costs and expenses in connection therewith, including
reasonable attorney fees.
(b) Each owner hereby agrees that any and all actions in equity or at law which are
instituted to enforce any provision hereunder shall be brought in and only in the
District Court of Eagle County, State of Colorado.
(c) Failure to enforce any provision of this Declaration shall not operate as a waiver
of any such provision, the right to enforce such provision thereafter, or of any other
provision of this Declaration.
EXERCISE OF RIGHTS.
Any exercise of any right granted hereunder by one owner with respect to the other
owner's unit including but not limited to the use of any easement granted herein
shall be exercised in a manner which shall not unreasonably hinder, impede or
impose upon such other's use of his unit.
SUCCESSORS AND ASS]GNS.
Except as otherwise provided herein, this Declaration shall be binding upon and shall
inure to the benefit of Declarants and each owner and the heirs, personal
representatives, successors and assigns of each.
SEVERABILITY.
Invalidity or unenforceability of any provisions of this Declaration in whole or in pan
shall not effect the validity or enforceable part of a provision of this Declaration.
CAPTIONS.
The captions and headings in this instrument are for convenience only and shall not
be considered in construing and provision of this Declaration.
10
Draft for TOV Approval
coNsrRucTtoN.
When necessary for proper construction, the masculine of any word used in this
Declaration shall include the feminin€ or neuter gender, and the singular the plural
and vice versa.
lN WITNESS WHEREOF Declarants have executed this Declaration this
-
day of
1993.
Frederick W. Distelhorst
lnes W, Distelhorst
STATE OF COLORADO
COUNTY OF EAGLE
SS.
Subscribed and sworn to before me this _ day of
1993 by Frederick W. Distelhorst and Ines W. Distelhorst.
Witness my hand and official seal.
My commission expires on:
Notary Public
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TOWN OF VAfIr CONSTRUCTION b fo'"- ,
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BUTI,DING PERI''IT FEE!
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- {pnber and Type of Flreplacesr Gae Appllancee-11 cas r,ogs;l l{oodr/PrlletvIt********************************* VALUATfONS ********!r****.***************rldUTTNTTC; ETECTRTCAI.I: OTHER:
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I r * * * * * * * * * * * * * * * * * * * *** * * * * CoNTRACIOR INFoRIIAtIONtEeneral contraatorz . Fatsca _Eze-e ,o/,etz Town of Vall Reg. NO
t{ork claeer t l-New ft1-lft.".tlon [ ]-Addltlonal I J-Repalr t ]-Other
Nunber of Dwelling Unl.ts:Number of, Accommodatlon Unlts:
TOTALT
************************** *
Addrese:Ed, Eox--n3t fptiZi .q-,t,(7
Town of vall Reg. No.
Phone Numberr
Town of VaiI Reg. NO.
Phone Nurflbers
Town of Vall
Phone Nunber:
ReE. NO.
OFFfCE USg * * *****'l **********t* **'l l* * *****
BUU,DING PLA}.' CHECK FEES
PI,IIMBING PLAN CHECK FEE:
UECHANICAII FIAII CHECK FEE:
RECREABION FEEI
CI.EAN-UP DET,oSITS
TOTAIT PERI.IIT FEE8:
EUILDING:
SIGNATURE!
EONtrNG:
SIGNAtrUNEC
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NATURAL GAS BURNING AND I-P GAS DIRECT VENTFIREPTACE
r A 90-degree elbow, 2' vent pipe section and
venting cap permit a variety of installations.
. A.G.A. and C.G.A Certified. l-vear Limited
Warranty.
From patlo level
to the penthouse,
entertalnlng
installatlons are
easy, attractlve
andwamlng.
Luxuriate in the
warmth, beauty and
romance of a GCl00 gas
fireplace in almost any
room. From the base-
rnent to the bath, in a
house or a high-rise, this
direct vent fireplace can
operate in places where other fireplaces could not
possibly be installed.
Forget conventional chimney installations, This
fireplace has a top vent with 90-degree elbow and
extension pipe which vents directly through the
wall whether it's installed against an interior or
exterior wall These venting options make the
visual impact of a fireplace possible in almost any
situation you can imagine.
Enjoy the romantic glow and large flickering
flames created by the ceramic fiber log set and
22,500 Btu input burner, With Heatilator's wall
switch-activated direct spark ignition, your gas
fireplace starts warming the room instantly,
r Hand-held remote control for the last word in
convenient operation (RC5).
. Fan kit for distributing heated air (FKB)'
. Trim kit enhances the appearance and adds to
the visual impact of the fireplace (TK9B).
o lnstallations along interior walls are possible
using vent pipe extensions (maximum horizon-
tal extension 11', maximum vertical extension
61.(VK4).
UN'TDIUENS'ONS
Heatilator Inc,
Dvision, HON INDUSTRIES
1915 W. Saunder Street
Mt. Pleasant, Iowa 52641
w1247-5798 3r9t85-921r F N( 3rgl3f.s-Ct25
HEATILATOR and FIRESIDE FURMSHINGS are
registered trademarks of Heatilator Inc
Made in U.S.A. . Printed in U.S.A.
Specifications subject to change. Consult GC1fi) Technical
Guide for listhgs. unit and installation dimmsions.
Framlng Dlmenalona
Fronl width 4Y
Header height 3?
Deplh 16Ya'Big fueplace appeatance in a compact installation
o Big34'x 17'single-pane glass front for generous
fire viewing area.
. Ceramic fiber log set glows brightly as flames
wrap around them.
. Variable ventin8 system and a minimal 16'depth
let you tuck this fireplace into the corner of any
toom.
Easy operation. Exceptional efficiency.
. Wdl switch for easy starting.
. Electronic direcFspark ignition for ease of
operation and fuel economy.
I Fixed-tlass front increases heat output and boosts
effciency to 65%.
Simple installation means greatet fleibility.
r Flexible tas connection for easy hook-up.
. Frames in and finishes with conventional con-
struction materials.
o Integral electrical iunction box simplifiii
installation,
Installation requirements may be subiect to local buildhg code8.7101A 6-91 50M
75 South Frontage Road
Vail" Colorado 81657
303-479-2 I 38 / 479-2 I 39
FAX 303-479-2452
Department of Communiry Development
Marctr 6, 1995
Frisco Fireplace
P.o. Box 1330
Frisco, co 80443
Re:Permit#'s6204,5447,5925&5222Expiration
Dear Sir,
rE has come Eo our aEtent.ion that you have. several outstanding
p"t*ift that have not' received final inspections '
Your permi.ts have expired according Lo section 303 of the 1994
uniform Plumbing code. These p"i*it" must either be finalized'
"*i""a"a by wriiten requesL or repermitted'
r would appreciate your prompt attention to this problem and expect
to hear from you wictrin-3o days of receipt of this letter'
Sincerely,
4Zf4/*,an"*Chuck Feldmann r
nuilding InsPect'or
xc: File
F r \Everyone\chuck\Final s