HomeMy WebLinkAboutUNPLATTED CARNIE PARCEL POTATO PATCH 2000A PROF"ESSIONAL CORPO~ATION
JOHN W.DUNN
ARTHUR A.ABPLANALP,JR.
DIANE H.MAURIELL.O
INGA HAAGENSON CAUSEY
OF"COUNSE:L:
JERRY W.HANNAH
Town Council
Town of Vail
75 South Frontage Road
Vail CO
HAND DELIVERED
WESTSTAR BANK BUILDING
loa SOUTH FRONTAGE ROAD WEST
SUITE 300
VAll,COLORADO BlBS7
21 July 2000
TELEPHONE:
(970)476-0300
FACSIMilE:
(970)476-4765
highcountrylaw.com
e-mail:veillaw@v8il.net
CERTIF"IEO LEGAL ASSISTANTS
KAREN M.DUNN,CLAS
JANICE K.SCOFIELD,CLA
Re:Appeal by Dome and Ireland of Design Review Board Decision Relating To
Application of Lauterbach and Carnie for Lot #4,Potato Patch Creek
Members of the Council:
This Firm represents Dome Investment Group and Mr.and Mrs.George Ireland,
the appellants in the above matter,which is scheduled for hearing before the Town
Council on the 25th of July.This matter was continued to that date at our request and
with the consent of Mr.and Mrs.Carnie,the owners of the subject property.
The property which was the subject of the application now on appeal has not
been under contract to Mr.Lauterbach,the proponent of the project,since
approximately the first of the year.The property is now under contract to an entity
comprised of a group of owners of Potato Patch Club condominiums,as a result of
which the application currently on appeal has become academic,at best.Based upon
these developments,we see no reason to take up the Council's time with the appeal
of this matter.We thank the Council for the extension of time previously granted in
order that we might confirm that the proceeding could be resolved in this manner.
By this letter,and for the reasons stated above,Dome Investment Group and Mr.
and Mrs.Ireland withdraw their appeal from the Design Review Board decision
referred to above.
LLO,P.C.
xc:Dome Investment Group
Mr.and Mrs.George Ireland
Mr.Brent Wilson,Vail Department of Community Development
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IN THE DISTRICT COURT,COUNTY OF EAGLE,STATE OF COLORADO
Action No.2000 CV 03
SUMMONS
DOME INVESTMENT GROUP,a general partnership,
GEORGE IRELAND,and
ELISABETH IRELAND,
Plaintiffs,
v.
THE TOWN OF VAIL,a municipal corporation,
TOWN COUNCIL OFTHE TOWN OF VAIL,COLORADO,
DESIGN REVIEW BOARD OF THE TOWN OF VAIL,COLORADO,
JOHN A.CARNIE,
JOAN T.CARNIE,and
MICHAEL LAUTERBACH
Defendants.
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to file with the clerk of this court an
answer or other response to the attached complaint.If service of the summons and
complaint was made upon you within the State of Colorado,you are required to file
your answer or other response within 20 days after such service upon you.If service
of the summons and complaint was made upon you outside of the State of Colorado,
you are required to file your answer or other response within 30 days after such
service upon you.
If you fail to file your answer or other response to the complaint in writing
within the applicable time period,judgment by default may be entered against you by
the court for the relief demanded in the complaint without further notice.
•
The following documents are also served herewith:
1.COMPLAINT FOR RELIEF UNDER C.R.C.P.106,C.R.C.P.57(b),ND FOR
INJUNCTIVE RELIEF'
2.MOTION FOR CERTIFICATION OF RECORD;and
3.ORDER GRANTING MOTION FOR CERTIFICATION OF RECORD
(proposed).
Dated the 5th day of January,2000.
Arthur A.Abplanalp,Jr.'
Registration No.2138
Suite 300
108 South Frontage Road West
Vail CO 81657
Telephone:(970)476-0300
Telecopier:(970)476-4765
Attorneys for Plaintiffs
2
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IN THE DISTRICT COURT,COUNTY OF EAGLE,STATE OF COLORADO
Action No.2000 CV _
COMPLAINT FOR RELIEF UNDER C.R.C.P.106,C.R.C.P.57(b),
AND FOR INJUNCTIVE RELIEF
DOME INVESTMENT GROUP,a general partnership,
GEORGEIRELAND,and
ELISABETH IRELAND,
Plaintiffs,
v.
THE TOWN OF VAIL,a municipal corporation,
TOWN COUNCIL OF THE TOWN OF VAIL,COLORADO,
DESIGN REVIEW BOARD OFTHE TOWN OF VAIL,COLORADO,
JOHN A.CARNIE,
JOAN T.CARNIE,and
MICHAEL LAUTERBACH,
Defendants.
Come now the Plaintiffs herein,Dome Investment Group,George Ireland and
Elisabeth Ireland,by and through their attorneys,Dunn,Abplanalp &Mauriello,P.C.,
and as their Complaint state as follows:
General Allegations
1.Plaintiff Dome Investment Group,a general partnership (hereinafter
"Dome"),is the owner of Condominium Unit 11,Potato Patch Club Condominium,
including an undivided interest in the general common elements of the Potato Patch
Club,which general common elements are contiguous with the property which is the
subject of this litigation (the "Carnie/Lauterbach Property").The Potato Patch Club
Condominium is hereinafter referred to as the "Potato Patch Club")
1
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2.Plaintiffs George Ireland and Elisabeth Ireland (hereinafter "Irelands")
are the owners of Condominium Unit 16,Potato Patch Club,including an undivided
interest in the general common elements of the Potato Patch Club,which general
common elements are contiguous with the Carnie/Lauterbach Property.
3.Defendant Town Council of the Town of Vail,State of Colorado,
(hereinafter the "Council")is the governing body of the Defendant Town of Vail,a
municipal corporation of the State of Colorado (hereinafter the "TOwn").
4.Defendant Design Review Board of the Town of Vail,State of Colorado,
(hereinafter the "Design Review Board")is a branch and governmental board of the
government of the Town of Vail,Eagle County,Colorado.
S.Defendants John A.Carnie and Joan T.Carnie (hereinafter "Carnies")are,
upon information and belief,the owners of the Carnie/Lauterbach Property,an
unplatted tract of land in the Town of Vail,Eagle County,Colorado,lying between
Tract C,Vail Potato Patch Second Filing and Potato Patch Club Condominiums,being
a part of SWl/4,Section 6,Township 5 South,Range 80 West of the Sixth Meridian.
6.Defendant Michael Lauterbach (hereinafter "Lauterbach"),upon
information and belief,is and has at all times relevant to this action has been,under
contract to purchase the Carnie/Lauterbach Property from Carnies.
7.This action arises from actions and activities which occurred in Eagle
County,Colorado,and the Defendants Council,DRB,Town,Carnies and Lauterbach
are residents of Eagle County,Colorado,as a result of which venue for this proceeding
is proper in Eagle County,Colorado.
FIRST CLAIM FOR RELIEF
(Relief Under C.R.C.P.106)
8.The General Allegations set forth above are incorporated by reference.
9.On or about the 24th day of August,1999,the Defendant Lauterbach
submitted an application to the Department of Community Development of the Town
for design review approval of a project known as Potato Patch Creek,comprised of the
Carnie/Lauterbach Property with access across (requiring modification of the current
conditions of and construction of improvements on)the general common elements of
the Potato Patch Club (the "Potato Patch Creek Application").
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10.The Municipal Code of the Town (hereinafter the "Municipal Code")and
the Development Standards Handbook of the Town (hereinafter the "Development
Standards")authorize consideration and possible approval of a design review
application,including the Potato Patch Creek Application,only upon submittal of an
application by the owner or agent of the owner of the property within the project and
the satisfaction of other requirements and standards set forth in the Municipal Code
and the Development Standards.
11.The owners of the general common elements of the Potato Patch Club,
including but not limited to Plaintiffs,did not join as applicants in the Potato Patch
Creek Application,and other requirements and standards established by the Municipal
Code were not satisfied by Carnies and Lauterbach.
12.On the 20th day of October,1999,the DRB approved the Potato Patch
Creek Application (the "DRB Decision")over the objections of Plaintiffs.
13.On the 27th day of October,1999,the Plaintiffs filed their appeal of the
DRB approval with the Town of Vail (hereinafter "Plaintiffs'Administrative Appeal").
14.As a result of the Plaintiffs'Administrative Appeal,on the 7th day of
December,1999,the Council heard that appeal and affirmed the decision of the DRB
(the "Council Decision")over the objections of the Plaintiffs.
15.In arriving at the DRB Decision and the Council Decision,the Design
Review Board and the Council,respectively,each exceeded its jurisdiction and abused
its discretion,and there exists no plain,speedy and adequate remedy otherwise
provided by law,as a result of which Plaintiffs are,and each of them is,entitled to
judicial relief under C.R.C.P.106 determining that the DRB Decision and the Council
Decision are invalid.
SECOND CLAIM FOR RELIEF
(Declaratory Judgment Under C.R.C.P.57(b))
16.The General Allegations and the First Claim for Relief set forth above are
incorporated by reference.
17.Each Plaintiff is a person or entity whose rights,status and other legal
relations are affected by the municipal ordinances relied upon by the Defendants in
this action and who is entitled to have determined any questions of construction or
validity arising under the ordinances and to obtain a declaration of their rights,status
and legal relations thereunder.
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18.There exists a dispute among the parties regarding the rights,status and
legal relationships of the Plaintiffs and the Defendants herein related to the subject
matter of this action,including but not limited to the interpretation of the Municipal
Code and the Development Standards as they relate to the Potato Patch Creek
Application.
THIRD CLAIM FOR RELIEF
(Injunctive Relief)
19.The General Allegations and the First and Second Claims for Relief set
forth above are incorporated by reference.
20.The Municipal Code of the Town provides that the filing of notice of
appeal shall stay all permit activity and any proceedings in furtherance of the action
appealed,unless the administrative official rendering such decision,determination or
interpretation certifies in writing that a stay poses an imminent peril to life or
property,which is not the circumstance in this action,and a stay of such activities is
authorized by C.R.C.P.106(a)(4)(V).
21.The actions of the Town constitute violations of applicable law and,in
the event of the issuance of permits or any other administrative actions taken in
furtherance of the DRB Decision or the Council Decision,Plaintiffs,and each of them,
will suffer irreparable harm for which there is no adequate remedy at law,as a result
of which Plaintiffs shall be entitled to injunctive relief prohibiting the issuance of such
permits and declaring any such issued permits void,and preventing any activities
reliant upon either the DRB Decision or the Council Decision.
WHEREFORE,Plaintiffs pray for the following relief from this Court:
1.That the Court enter Judgment determining that the DRB Decision and
the Council Decision are void and without effect.
II.That the Court determine the correct interpretations of the municipal
ordinances and regulations which are the subject of this proceedings,and establish the
rights of the parties thereunder.
III.That the Court enter Judgment,when and if appropriate,in the nature
of injunctive relief preventing further action by the Town of Vail or any other
Defendant taken in furtherance of the DRB Decision or the Council Decision.
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IV.That the Court award to Plaintiffs their attorneys'fees,costs,and
expenses,to the extent permitted by law.
V.That the Court grant such other and further relief as to the Court seems
appropriate in the circumstances.
S "71f
Dated the _day of January,2000.
.C.
Arthur A.AbPlanalP~,"'\:J=r:::t.~~k~k -<4
Registration No.2138 ;::r-I
Suite 300
108 South Frontage Road West
Vail CO 81657
Telephone:(970)476-0300
Telecopier:(970)476-4765
Attorneys for Plaintiffs
Addresses of Plaintiffs:
Dome Investment Group
c/o Mr.Paul Hoff
3800 East Long Road
Littleton CO
George and Elizabeth Ireland
Suite 3650
1700 Lincoln Street
Denver CO
5
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IN THE DISTRICT COURT,COUNTY OF EAGLE,STATE OF COLORADO
Action No.2000 CV _
MOTION FOR CERTIFICATION OF RECORD
DOME INVESTMENT GROUP,a general partnership,
GEORGE IRELAND,and
ELISABETH IRELAND,
Plaintiffs,
v.
THE TOWN OF VAIL,a municipal corporation,
TOWN COUNCIL OFTHE TOWN OF VAIL,COLORADO,
DESIGN REVIEW BOARD OF THE TOWN OF VAIL,COLORADO,
JOHN CARNIE,
JOAN CARNIE,and
MICHAEL LAUTERBACH,
Defendants.
Come now the Plaintiffs herein,Dome Investment Group,George Ireland and
Elisabeth Ireland,by and through their attorneys,Dunn,Abplanalp &Mauriello,P.C.,
and move that an Order be entered requiring that the Defendants Town of Vail and
Town Council be required to produce,certify and file with the Court the record
associated with the above action,including but not limited to the following material:
1.The transcript of the hearing of the Town Council of the Town of Vail
which occurred on the 7th day of December,1999,relating to the
Carnie/Lauterbach Application (as defined in the Complaint filed herein)
and resulting in the Council Decision (as defined in the Complaint filed
herein);
2.The transcript of the hearing of the Design Review Board of the Town of
Vail which occurred on the 20th day of October,1999,relating to the
Carnie/Lauterbach Application and resulting in the DRB Decision (as
defined in the Complaint filed herein);
••
3.All material submitted to and/or considered by the Defendant Town of
Vail,the Defendant Council and the Defendant Design Review Board in
association with consideration of the subject matter of this litigation and
with the Council Decision and the DRB Decision.
4.All maps,plans,correspondence and other material in the possession or
under the control of the Town of Vail and associated with the
Carnie/Lauterbach Application (as defined in the Complaint filed herein).
5.Title 12 of the Municipal Code of the Town of Vail,and the Development
Standards Handbook of the Town of Vail adopted by Town Council on
September 21,1999.
And as grounds for the within Motion,Plaintiffs state as follows:
1.This motion and the relief requested herein is authorized and directed by
C.R.C.P.106,in association with the Complaint filed herein for relief
under C.R.C.P.106;and
2.The material requested herein is necessary in order for the determination
required under the provisions of C.R.C.P.106 and C.R.C.P.57(b).
-rJj-
Dated the 5 day of January,2000.
Respectfully submitted:
Arthur A.Abplanalp,Jr.
Suite 300
108 South Frontage Road West
Vail CO 81657
Telephone:(970)476-0300
Telecopier:(970)476-4765
Attorneys for Plaintiffs
.-••
IN THE DISTRICT COURT,COUNTY OF EAGLE,STATE OF COLORADO
Action No.2000 CV -----
ORDER GRANTING MOTION FOR CERTIFICATION OF RECORD
DOME INVESTMENT GROUP,a general partnership,
GEORGElRELAND,and
ELISABETH IRELAND,
Plaintiffs,
v.
THE TOWN OF VAIL,a municipal corporation,
TOWN COUNCIL OFTHE TOWN OF VAIL,COLORADO,
DESIGN REVIEW BOARD OF THE TOWN OF VAIL,COLORADO,
JOHN CARNIE,
JOAN CARNIE,and
MICHAEL LAUTERBACH J
Defendants.
This matter came before the Court upon the Motion of Dome Investment Group,
George Ireland and Elisabeth Ireland,for an Order associated with complaint for relief
under C.R.C.P.106 and C.R.C.P.57(b)and for injunctive relief,directing the
production,certification and filing with this Court of certain material by the Defendant
Town of Vail and the Defendant Town Council of the Town of Vail.
The Court,being fully advised herein,FINDS:
1.The aforementioned motion and the relief requested therein are
authorized and directed by C.R.C.P.106,in association with the
Complaint filed herein for relief under C.R.C.P.106;and
2.The material requested herein is necessary in order for the determination
required under the provisions of C.R.C.P.106 and C.R.C.P.57(b).
o.••
It is,therefore,ORDERED,that the Defendant Town of Vail and Town Council
of the Town of Vail be required to and shall produce,certify and file with the Court,
within days after mailing of this Order (together with three days allowed for
delivery by mail)the record associated with the above-entitled action,including but
not limited to the following material:
1.The transcript of the hearing of the Town Council of the Town of Vail
which occurred on the 7th day of December,1999,relating to the
Carnie/Lauterbach Application (as defined in the Complaint filed herein)
and resulting in the Council Decision (as defined in the Complaint filed
herein);
2.The transcript of the hearing of the Design Review Board of the Town of
Vail which occurred on the 20th day of October,1999,relating to the
Carnie/Lauterbach Application and resulting in the DRB Decision (as
defined in the Complaint filed herein);
3.All material submitted to and/or considered by the Defendant Town of
Vail,the Defendant Council and the Defendant Design Review Board in
association with consideration of the subject matter of this litigation and
with the Council Decision and the DRB Decision.
4.All maps,plans,correspondence and other material in the possession or
under the control of the Town of Vail and associated with the
Carnie/Lauterbach Application (as defined in the Complaint filed herein).
5.Title 12 of the Municipal Code of the Town of Vail,and the Development
Standards Handbook of the Town of Vail adopted by Town Council on
September 21,1999.
Dated the _day of ,2000.
BY THE COURT:
District Judge
•
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY,June 27,2000
1:00 P.M.AT TOV COUNCIL CHAMBERS
NOTE:Time of items is approximate,sUbject to change,and cannot be relied
upon to determine at what time Council will consider an item.
EXECUTIVE SESSION
1.
Tom Moorhead
1.
Steve Thompson
Pam Brandmeyer
Chris Stouder
2.
Brent Wilson
Discussion of Timber Ridge and litigation.(30 mins.)
REGULAR MEETING
Council Contribution Criteria Discussion.(1 hr.)
ACTION REQUESTED OF COUNCIL:
Review current criteria and affirm or change the criteria.
BACKGROUND RATIONALE:
The prior emphasis had been to fund functions or programs
that supported a positive economic climate in Vail and lor an
environmentally sensitive high quality of life.The emphasis
had moved away from giving money to groups that provide
health and human services as this service is traditionally
provided by the county.The Town Council provided seed
funding to the United Way to fund health and human service
organizations in 1999.Staff has enclosed the contribution
schedule for 2000 to give you an idea of where the funding
has been allocated for the past calendar year.Additionally,
Council's current critical strategies are:transportation;
environmental strategies;infrastructure;economic viability;
local housing;and community collaboration/responsible
leadership.This item has come back to you based on a
request from some current Councilmembers.
Carnie DRB Appeal.(50 mins.)
An appeal of the Design Review Board's approval of a
proposed single-family residence at the proposed Lot 4,
Potato Patch Creek,located to the east of the Potato Patch
Club and north of Sun Vail on an unplatted parcel of land.
Applicant:John and Joan Carnie,represented by Michael
Lauterbach
Appellants:Dome Investment Group and George and
Elizabeth Ireland,represented by Arthur A.
Abplanalp,Jr.
ACTION REQUESTED OF VAIL TOWN COUNCIL:
Uphold/Overturn/Modify the Design Review Board's
approval of the plans for Lot 4,Potato Patch Creek.
BACKGROUND RATIONALE:Please refer to the attached
memorandum.
STAFF RECOMMENDATION:Staff recommends that the
Town Council uphold the Design Review Board's approval
3.
Bob McLaurin
4.
Patrick Hamel
•
with conditions of the proposed plan for Lot 4,Potato Patch
Creek subject to the following findings:
1.That the standards and conditions imposed by the
requirements of Title 12 (Zoning Regulations)have
been met.
2.That the conditions imposed on the approval are
adequate to protect the interest of the Appellants and
the Potato Patch Club Condominium Association.
Creekside Apartments.(15 mins.)
On May 31,2000 the Town of Vail purchased 12 apartments
known as Creekside Apartments.Theunits are currently
leased to local employees through September and October
2000.Staff would liketo maintain all 12 of the units as
rentals for Town of Vail employees.
ACTION REQUESTED OF COUNCIL:
Provide staff with direction on how Council would like the 12
apartments to be occupied.
BACKGROUND RATIONALE:
When the 12 units at Creekside were purchased there was
discussion of selling a portion of the units to either local
employees or local businesses to rent to their employees.
After further evaluation it may be more prudent to offer a
number of the units to local businesses or employees for
lease rather than sale.Town staff has a desire to maintain
as many units as possible for rentals to Town employees.
The demand for housing,particularly one-bedrooms,is very
high and has proven to be invaluable in hiring employees.
The availability of Town supplied housing has proven to be
critical in hiring workers from Australia.
STAFF RECOMMENDATION:
Staff recommends maintaining all 12 units for Town of Vail
employees
Voluntary Smoking Compliance.(15 mins.)
Review of smoking in food service establishments in the
Town of Vail.
ACTION REQUESTED OF COUNCIL:Does the Council
wish to continue looking into the possible regulation of
smoking in food service establishments?
BACKGROUND RATIONALE:A member of the Town
Council received a complaint regarding smoking in food
service establishments.Since the topic had not been looked
into for several years staff was directed to conduct a survey.
STAFF RECOMMENDATION:Since staff has not received
complaints regarding smoking in restaurants,it appears that
restaurants have effectively dealt with smoking in a
constructive way to limit conflict between smokers and non-
smokers.Staff recommendation is to take no action at this
time.
••
5.
Russell Forrest
6.
Allison Ochs
Brent Wilson
7.
8.
9.
10.
Community Facilities Hub Site Update.(1 hr.)
ACTION REQUESTED OF COUNCIL:
Review and consider the questions of 1)election strategy;
2)when should architectural sketch plans be developed;3)
input from the June 14th public meeting
BACKGROUND RATIONALE:
The purpose for this work session is to simply frame several
questions in preparation for additional public hearings in .
July.In addition staff is asking if additional information is
needed before Council is comfortable making a decision on
a site plan.
DRB/PEC Report.(10 mins.)
Information Update.(10 mins.)
Council Reports.(10 mins.)
Other.(10 mins.)
Adjournment.(5:30 P.M.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE ANDSUBJECT TO CHANGE)
THE VAIL TOWN COUNCIL REGULAR WORK SESSION AND THE
REGULAR EVENING MEETING FOR TUESDAY JULY 4TH HAVE BEEN
CANCELLED.
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY,7/11/00,BEGINNING AT 2:00 P.M.IN TOV COUNCIL
CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY,7/18/00,BEGINNING AT 2:00 P.M.IN TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY,7/11/00,BEGINNING AT 7:00 P.M.IN TOV COUNCIL
CHAMBERS.
Sign language interpretation available upon request with 24-hour notification.
Please call 479-2332 voice or 479-2356 TOO for information.
"
OO-lH3 14:25 From-DUNN ABPLANAL?&MAURIELLO•LAw O,..FICI!,s
970476<1765 T-45BP 01/01 H6S
,JOHN W.CUNNI;
"RTHUfiI A.APPLANAL,P,.JR.
CIANE:H.tr-lAURI£LJ..O
JN~HAA-GtN15ON c.-U£E"(
O"C:Ql,j"~".
..JERRy W.HA.,..NAH
DUNN.ASPLANALP &MAURIELLO,P.C.
W~5T5"AR S/lhK BUIUJIN~
lOB SOlJT'H FRONTAgE ROAD WEST
SUITE 300
V ...n,••COLORAOO aleS7
23 June 2000
1'.£U::PHONr::
<970>476-030(,
I'ACSlt04lL£:.
(970)476i-47G~.
highc:owntryf_.ccm........l ....illawaw,......
VIA TELECOPIER TO 479-2452
Mr.Brent Wilson
Town of Vail Department of Community Development
111 South Frontage Road West
Vail CO 81657
CDl.TIf'aal'LL4aL A&filSof...,419
J<AREH M.CUMN"CLA3
.J.ANj~K.3COFIELD.C;tA
4Re:Appeal from ORB Decision -Potato Patch Creel(#4
Dear Brent:'
JOu;Finn represents Dome Investment Group ("Dome"),the owner of Porato
Patch COfdominium Unit No.11,and Mr.and Mrs.George Ireland ("Irelands"),the
owners Of Potato Patch Condominium Unit No.16,and the appellants in the above
action now pending before the Town Council of the Town of Vail.:
]he appeal is scheduled for hearing before the Town ofVail Qn the 27th of June.
The proPerty which is the subject ofthis proceeding is no longer under contractto Mr.
Lauterbach,who has been processing this matter.The property;is expected to go
under cOntract to an entity owned by group ofPotato Patch Club condominiwn owners
within the ne."d:three days.The terms have been agreed upon by Mr.and Mrs.Carnie,
and the contract is in circulation.That being the case,it appears ~r the Town may ,
be spared this process,and also may be benefitted by the additional informationwhich
may become available next week,after the scheduled hearing date.For that reason,
(?ur clients request that the hearing be continued until the 11th of July.Confirmirtion
of the requested continuance in the space provided below would be appreciated.
Thank you for your assistance.
j
I
J
The continuance of the above appeal hearing to the 11th of July is confirmed.
Town of Vail
By:geed:tv:4
Title:I't.--A"wvt:/l-(P""N Dr vkl '-
......
Department of Community Development
75 South Frontage Road
Vail,Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us
June 28,2000
Art Abplanalp
Dunn,Abplanalp &Mauriello,P.C.
108 South Frontage Road West
Suite 300
Vail,CO 81657
•.....
i I
,
Re:
Dear Art:
An appeal of the Design Review Board's approval of a proposed single-
family residence,located to the east of the Potato Patch Club and north of
the Sun Vail condominiums on an unplatted parcel in the vicinity of the
Vail Potato Patch subdivision.
This letter will serve to confirm the Vail Town Council's June 2ih motion to continue the
above-referenced hearing to a revised date of July 18th ,2000.Also,I am enclosing a
signed confirmation of this continuance per your written request dated June 23,2000.
If you would like to discuss this matter in greater detail,please do not hesitate to contact
me at (970)479-2140.
Sincerely,
~~~~
Brent Wilson
Planner"
o RECYC~EDPAPER
f ...FROM RBPLRNRLP •PHONE NO.3043443648 •May.17 2000 11:02RM P01
JO~N W.PUNN
I ""rHul<"."SPLAH".I\~...
DIANE t1~RMAH MAURIELLO
U~CIAL COUNKL:
JERRY W.H"NN"H
LAw OF"'C~lI
DUNN,ABPLANALP &MAURIELLO,P.C.
WEIITST""BANK BUILDING
108 SOtJ't~rRONT~Gr;;ROAD WEST
SUITE 300
VAIL.COLORADO 811511"
17 May 2000
TflEP~ON£:
(970)478·0300
""CBIMILI::
(e701 476-4766
IC.AR!:N ....DUNN
Cftn',,.rta lo(GAl A88U'TANf
,,
Design Review Board of Town of Vail
Town of Vail
75 South Frontage Road West
Vall CO
VIA TELECOPIER
Re:Lauterbach/Carnie Appllcatlon -Potal'O Patch Creek Unit #4
Members of the Board:
/Thls'Flnn represents Dome InvestmcntGroup and Mr.and Mrs.George Ireland.
the ownet'$of Condominium Units 11 and 16,respectively,and an undivided Interest
in the general common elements of the Potato Patch Club,which property adjoins the
property which is the subject of the above application,Our clients object.to the
approval of this proposal because of the fact that it violates the design review
guidelines and the Municipal Code of the Town of Van~
Some background Is In order.The parcel of land which is the subject of this
appUcation is currently owned by Mr.and Mrs.John camte.who have signed the
application before this BOard.TIle Town correctly Identlfled the absence of access to
this parcel as a problem as early as the conceptual review of the project as a whole.
TIle Town required that the appUcants provide evidence of access,as a result of which
the applicant's representative,Mr.Lauterbach.engaged in negotiations with the
Potato Patch Club Condominium Association for access across the general common
elements of the Potato Patch Club.11te Town,in considering the entirety of this
project for conceptual review,relied upon a resolution of the Association indicating a
wUUngness to enter into negotiations to grant an easement.There is some question
as to whether an actual agreement has actually been established by Mr.Lauterbach
or Mr.and Mrs.Carnie and the Association.In any event,the Assoclatlon does not
pwn the general common elements,and the question of whether the Association may
grant an easement across land which It doeR not own Is now under lItigation.11te
general common elements are under a lis pendens awaiting resolution of thallssue.
CleaT title to the easement cannot be granted,and any action purporting to grant such
an easement may be judicially voided,prior to or at the time that litigation Is resolved.
FROM :ABPLANALP •PHONE NO .3043443648 ~May.17 2000 11:02AM P02
OrdInarUy,the Town ofVall does not become Involved In contractual disputes
or covenant issues among private pafties.In this situation.however.the agreement
which·has been approved by the Association and which purports to b~aImed at the
grant of an easement at some time In the futute (the validity of which is under
litigation).was appropriately imposed as a requlremei1t of the Town of Vall.
Th~efore.whtle the Town ofVaU ordlnarl1y may not become Involyed In sueb disputes
between private parties BUch as that Involving access to this parcel.it must be pointed.
out that the Town of Vail directly involved in this particular agreement,because It
requIr the agreement,and both the validity of that agreement and the proposed
future nt of an easement are uncertain until judicial review is completed.
th the foregoing background.it must be observed that,~en if the proposed
aON'enllent between the Potato Patch Club and Mr.Lauterbach is valid,violations of
that aareement with reference to design of the project before this Board are central to
the q..,stion of whether the Town should approve the design of the project.If the
agreement Is violated.then the Town's condition of approval of the project Is also
vi....
It is the duty of the Design Review Board to determine whether a project
adequately provides for light,alt,the protection of neighboring properties.and to
aBSure that a project is consistent with other design review criteria ofthe Town ofVall.
SpedficaUy,the Intent of the design review guidelines set forth at Section 18.54.010
of the Vall Municipal Code includes the fonowlng:
To protect neighboring property owners and users by maldng sure that
reasonable provision has been made for such matters as pedestrian and·
vehicular traffic.surface water drainage.sound and sight buffers,the
preservation ofllghtand alt,and those aspects ofdesign not adequate1ycovered
by other regulations which may have substantial effects on neighboring land
uses.
This project does not warrant approval for the following reasons:
1.Pedestrian and vehicular traffic Is the first concern mentioned in the
statement of Intent referred to above.yet access remains speculative.
Both the condemnation Htigatlon by whicl1 Mr.and Mrs.Carnie have
attempted to obtain access across the Potato Patch Club and the
negotiations by which Mr.Lauterbach has attempted to obtain rights
from an Assoclatlon which does not own the subject property remain In
Utiglltion.and the question of whether any right may be granted by the
2
,•FROM :ABPLANALP •PHONE NO.:3043443648 •Ma~.17 2000 11:03AM P03
Potato Patch Assodation (as distinguished from the owners of the land
aetolls which the access road Is to pass)remains subject to a lis pendens.
The route of access upon which the developer reUes does not eJdBt at this
tlme.
2.The proposed agreement with the Potato Patch Cub Condominium
Association upon which access supposedly relies would require tfutt the
structures on the Potato Patch Creek project be set back thirty feet from
the Potato Patch Clu.b property Une.Viewing this from the perspective of
the developer and the Assodatlon,this de1lnes the Impact whleh Is or Is
not acceptable to the Potato Patch Club.ThIs proposed.agreement does
not adopt pl'o'\'islons of the Town of van which would permit
encroachments Into the setback by bay windows,decks.roof overhanp.
or cantilevered sections ofa building.Even the preliminary proposals for
the proposed building seen by the Design Review Board on conceptUal
review established thatpartll ofthe buildJngvlolated the setback required
by the proposed asreementwlth the AssocIation whieh has been requIred
by the Town.while the conceptual proposal for the project as a whole,
conslde~and approved by the Town In 1999 and Incorporated Into the
proposed agreement,showed #4 to be entirely behind the setback.'l11e
proposal should not be approved because of thi.violation.
3.'I11e pl'OPOIIIed agreement with the Potato Patch Club Condominium
Association upon which Reuss supposedly relies would require that the
buUdlnp not exceed thirty-three feet from ground level.Although it
appears that the elevation of the roof rna)'comply with this requl.-ement,
that Is unclear with reference to m~8surement from the lowest point
underlying the proposed building.8Ild It Is certain that at least one
chimney structure violates that restriction.The purpose of the limitation
was to be certain that there rema1n8 uninterrUpted Ught,&It and view
above thirty-three feet over this project,and the existence of a chimney
Impedes the view,If not air.at least as effec:dvelyas any other pan of a
building.
4.nte project is being developed as a site for single family reslderu:es.The
zone district In which the property is located Is Residential Cluster,In
which single family residences ru-e pennltted.The zone district
regulation provides both direction and design review BUidanceregardtng
the conBguration ofthe structures within this zonedlstrlct.The applkant
has conftgured the resldencettln such a way that there is approximately
3
FROM ;ABPI.J't-lALP •PH()\/E NO.3043443648 •May.17 2000 11;04AM P04
twelve feet between residences.The Residential Cluster lone cUstrle:t
indicates that there aTe to be fifteen·foot setbacks between "sites...There
seems to be uneertainty regarding whether this project:is to be organized.
as a subdivision or as a condomtniwn of free-standing single family
residences.Whether as subdivision or condomlnlurn.each single fam.Uy
reslden~win be a "$ite"to which no other "sIte"shall be closer than
ftftecm feet.can the DesIgn Review Board accept a space of twelve fett
between single famDy dwelUngs as a reasonable provision for sound and
sight buffers.and for the preservation of light and air,where the side
setback required is fifteen feet?Whether read as a strict requirement or
as guidance,the setback reference Indicates that the distance between
uses should be at least three feet greater than that proposed by the plan
now before the Design Review Board..
In summary,the proposal falls to satisfy the Intent of t.be guidelines of the
design revfew process,violates the agreement into which the developer entered or
intends to enter with the Potato pa.tch Club Association,and violates the standards
recognized by implication.If not spedOcally.for the zone district In which the
development is located.The ptoposal should be disapproved.If the proposal Is
apPrOVt:Cl.that approval should be conditional,and (a)the developer should be
required to (I)ronfonn the desIgn to any agreement with the Assodadon and other
requirements of the Town related to adequacy of acceas,sound and sight buffers.and
preservt\tion oflight and air,ancl (11)bring an acceptable revised proposal back to the
Design Review Board prior to any final approval,and (b)consistent with the To\VJ1's
position at the thne of staff and eonceptual review of the entire project.any permitting
or further progress inthe project should be rondldoned upon the demonstration by the
developer ofaccess insurable by a reputable title insurance companyprlor to any road
constntetion or other buDding activity.
4
•
Design ReView Appeal -Lauterbach/Carnie
Property Owners and Addresses:
Owner of the Subject Property
•
John A.Carnie and Joan T.Carnie
2920 Mann's Ranch Road
Vail CO 81657 (believed to own fee title)
Michael Lauterbach
Post Office Box 3451
Vail CO 81658
Owners of Adjacent Property:
(believed to be under contract to purchase property)
Tract C,Vail/Potato Patch
Town of Vail
75 South Frontage Road West
Vail CO 81657
Lot 1,Vail/Potato Patch Second Filing(744 Sandy Lane)
Charles Ragan and Barbara Ragan
744 Sandy Lane
Vail CO 81657
Lot 2,Vail/Potato Patch Second Filing(746 Sandy Lane)
Mr.Josef Stauffer
100 East Meadow Drive
Vail CO 81657
Unit A,Lot 3,Vail/Potato Patch Second Filing (742 Sandy Lane)
Betty Guffey
742 Sandy Lane
Unit A
Vail CO 81657
Unit B,Lot 3,Vail/Potato Patch Second Filing (742 Sandy Lane)
Charles Paul and Geraldine Campisi
Forest Drive
Sand Point NY 11050
1
••
Unit A,Lot 4,Vail/Potato Patch Second Filing (740 Sandy Lane)
Mikell Holdings Co.LTD
c/o Karl H.Fauland
Post Office Box 4261
Vail CO 81658
Unit B,Lot 4,Vail/Potato Patch Second Filing(740 Sandy Lane)
Rican Investment Co.Ltd
c/o Karl H.Fauland
Post Office Box 4261
Vail CO 81658 '
Potato Patch Condominiums and general common elements
(Send to condominium association pursuant to Section 12-3-3.C.3.of the Vail
Municipal Code)
Owners of Potato Patch Condominiums
Potato Patch Condominium Association
c/o Mr.Larry Barnes,Vail Home Rentals
143 East Meadow Drive -Suite 397
Vail CO 81657
Sun Vail Condominiums and general common elements
(Send to condominium association pursuant to Section 12-3-3.C.3.of the Vail
Municipal Code)
Owners of Sun Vail Condominiums
Sun Vail Condominium Association
c/o Mr.Kit Williams
Post office Box 3655
Vail CO 81658
2
••
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public
hearing in accordance with Section 12-3-3 of the Town of Vail Code on Tuesday,June 27th at
2:00 p.m.in the Town of Vail Municipal BUilding,located at 75 South Frontage Road.In
consideration of:
ITEMfTOPIC:
An appeal of the Design Review Board's approval of a proposed single-family residence,
located to the east of the Potato Patch Club and north of the Sunvail condominiums on an
unplatted parcel.
Applicants:
Appellants:
John and Joan Carnie represented by Michael Lauterbach
Dome Investment Group;George and Elisabeth Ireland
The application and information about the proposal is available for public inspection,during
regular business hours,in the Community Development Department,located at the Town of
Vail Community Development Department,75 South Frontage Road.For additional
information,contact Brent Wilson at the Department of Community Development at (970)479-
2140.
IN THE DISTRICT COURT,COUNTY OF EAGLE,STATE OF COLORADO
Action No.2000 CV -----
MOTION FOR CERTIFICATION OF RECORD
DOME INVESTMENT GROUP,a general partnership,
GEORGEIRELAND,and
ELISABETH IRELAND,
Plaintiffs,
v.
THE TOWN OF VAIL,a municipal corporation,
TOWN COUNCIL OF THE TOWN OF VAIL,COLORADO,
DESIGN REVIEW BOARD OF THE TOWN OF VAIL,COLORADO,
JOHN CARNIE,
JOAN CARNIE,and
MICHAEL LAUTERBACH,
Defendants.
Come now the Plaintiffs herein,Dome Investment Group,George Ireland and
Elisabeth Ireland,by and through their attorneys,Dunn,Abplanalp &Mauriello,P.C.,
and move that an Order be entered requiring that the Defendants Town of Vail and
Town Council be required to produce,certify and file with the Court the record
associated with the above action,including but not limited to the following material:
1.The transcript of the hearing of the Town Council of the Town of Vail
which occurred on the 7th day of December,1999,relating to the
Carnie/Lauterbach Application (as defined in the Complaint filed herein)
and resulting in the Council Decision (as defined in the Complaint filed
herein);
2.The transcript of the hearing of the Design Review Board of the Town of
Vail which occurred on the 20th day of October,1999,relating to the
Carnie/Lauterbach Application and resulting in the DRB Decision (as
defined in the Complaint filed herein);
•
All material submitted to andior considered by the Defendant Town of
Vail,the Defendant Council and the Defendant Design Review Board in
association with consideration of the subject matter of this litigation and
with the Council Decision and the DRB Decision.
All maps,plans,correspondence and other material in the possession or
under the control of the Town of Vail and associated with the
Carnie/Lauterbach Application (as defined in the Complaint filed herein).
Title 12 of the Municipal Code of the Town of Vail,and the Development
Standards Handbook of the Town of Vail adopted by Town Council on
September 21,1999.
And as grounds for the within Motion,Plaintiffs state as follows:
1.This motion and the relief requested herein is authorized and directed by
C.R.C.P.106,in association with the Complaint filed herein for relief
under C.R.C.P.106;and
2.The material requested herein is necessary in order for the determination
required under the provisions of C.R.C.P.106 and C.R.C.P.57(b).
-tlJ-
Dated the 5'day of January,2000.
Respectfully submitted:
Arthur A.Abplanalp,Jr.
Suite 300
108 South Frontage Road West
Vail CO 81657
Telephone:(970)476-0300
Telecopier:(970)476-4765
Attorneys for Plaintiffs
••
Design Review Action Form
TOWN OF VAIL
Project Name:Lot 4,Potato Patch Creek
Project Description:New Single-family Residence
Project Number PRJOO-OOn
Owner,Address,and Phone:John and Joan Carnie
2920 Mann's Ranch Road,Vail CO 81657
476-5140
Architect/Contact,Address,and Phone:Michael Lauterbach
PO Box 3451,Vail,CO 81658
476-6944
Project Street Address:East of Potato Patch Club -No address assigned
Legal Description:Unplatted parcel located directly east of the Potato Patch Club
Parcel Number:Building Name:
Comments:See conditions.Conceptual review conducted on April 10,2000.
Motion by:
Seconded by:
Vote:3-0
Board/Staff Action
Bill Pierce Action:
Brian Doyon
Approval
Conditions:1)On the west elevation,the band should be carried around the bay window (with
the window roofraised to accommodate the band)and additional braces should be
added under the cantilever.
2)This approval is for the architecture of the proposed Lot 4 single-family
residence only.The proposed feeder road is still under review and Town Engineer
approval is required prior to building permit issuance.
3)This approval will not be valid until the applicant provides proof of legal access
to the subject property.
4)Required road improvements must be constructed in fuD prior to the issuance of
any TCO's on the Potato Patch Creek project.
Town Planner:Brent Wilson
Date:5/17/00 DRB Fee Paid:$200
Project Name:Potato Patch Creek
•
Department of Community Development
75 South Frontage Road
Vail,Colorado 81657
970-479-2138
FAX 970-479-2452
May 24,2000
Michael J.Lauterbach
PO Box 3451
Vail,CO 81658
Re:Potato Patch Creek -Site Development Plan
Dear Michael:
•
The Town of Vail Department of Public Works is requesting the following revisions to the plans
for the above-referenced project.
•Please providc a profile for the feeder road (station 0+00 to 5+75).
•Please provide a detail for the stucco retaining wall.
•Please show a "limits of disturbance"fence for the entire site (the silt fence shown can double
as a limits of disturbance fence).
•All civil drawings will need to be PE stamped prior to approval.
•Please provide grading for the access road.
If you would likc to discuss this project in greatcr detail,please contact me at 479-2140.
Sincerely,
Brent Wilson,Planner II
o RECYCLEDPAPER
Construction of a new building.
Includes any addition where square footage is added to any
residential or commercial bUildin9~__
Includes minor changes to buildings and site improvements,such
as,reroofing,painting,window additions,landscaping,fences and
retaining walls,etc.
_-'4<----:BlOCK:.FIUNG:_'·_
_~'::>O";"_-'-_..IL...'-'E..~'--PHONE:,__--f;;;.......-:-:-...IE..."T-~-:-:::--_
DESCRIPTION OF 1HE REQUEST:--"-:'-::'-F-F~c.=..::I=--r-'~--=-~-'---,-~-=-_~_4-=--_
"~
o Minor Alteration -$20
lYPE OF REVIEW AND FEE:
[!('New Construction -$200
o Addition -::$50
A.
H.
F.
G.
C.
D.
-Eo
_-,6.
DRB fees are to be paid at the time of submittal.later;when applying for a building permit.please identify
the accurate valuation of the project.The Town of Vail will adjust the fee according to the project valuation.
PLEASE SUBMIT THIS APPUCATION,ALL SUBMITT~L REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVElOPMENT,
75 SOUTH FRONTAGE ROAD,VAIL,COLORADO 81657..
•
APPLICATION FOR DESIGN REVIEW APPROVAL
A.
GENERAL INFORMATION
This application is for any project requiring Design Review approval.Any project requiring design review must
receive Design Review approval prior to submitting for a building permit.For specific information,see the submittal
requirements for the particular approval that is requested.The application cannot be accepted until all the required
information is submitted.The project may also need to be reviewed by the Town Council and/or the Planning and
Environmental Commission.Design Review Board approval expires one year after final approval unless
a building permit is issued and construction is started.
DESCRIPTION OF "THE REQUEST:-....,..:.-:II."-F-I'-'--"'-=--"=--r-'~-~~-,~'.Ic--=-_4_+-'---_
,'0\,-f
TYPE OF REVIEW AND FEE:
l!r'"New Construction -$200
o Addition -$50
$20MinorAlteration-o
LOCATION OF PROPOSAL:LOT:4 BLOCK:FIUNG:_
PHYSICAL ADDRESS:C IIl..n"'e-II...re...c-I
PARCEL #:)of ~I dCJ t:lD "~r (Contact Eagle Co.Assessors Office at 970-328-8640 for parcel #)
ZONING:~
NAMEOFOWNER(S):;];t,,,,f.or J;...,."-r:C4r"'l"c..
MAIUNG ADDRESS:;).}..O M j(I)""Rc.....e-'-_~V.....:''t~.·",-f__~"-_f~'~S:~=~~==~~~=====--P-H-ON-E-:.~~~~::;:~~~::;()~~~~~~_
OWNER(S)SIGNATURE(S):,~--------------
NAME OF APPUCANT:/YI '<:.~4£~t..,f-u-nclf.i$Auf
MAIU~ADDRESS:P'd 3 IS-I~·r.I ,C,SS PHONE:_----4:'f:......7'-"'t.":-:~....''-':i.r~_I__:_::__-
C tl.1(f7j.('7~
Construction of a new building.4-7'r '74-')~7f
Includes any addition where square footage is added to any
residential or commercial building.
Includes minor changes to buildings and site improvements,such
as,reroofing,painting,window additions,landscaping,fences and
retaining walls,etc.
B.
C.
D.
E.
F.
G.
H.
DRB fees are to be paid at the time of submittal.Later,when applying for a building pennit,please identify
the accurate valuation of the project The Town of Vail will adjust the fee according to the project valuation.
PLEASE SUBMIT THIS APPUCATION,ALL SUBMIlTAL REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD,VAIL,COLORADO 81657.
•
LIST OF PROPOSED MATERIALS'
•
BUILDfNG MATERIALS:
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashings
Chimneys.
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting**
Othcr
TYPE OF MATERIAL:
N1
12.c..c.c...J J e..-~
COLOR:*
•Plcase specify the manufacturer's color,number and attach a small color chip
**All exterior lighting must meet the Town's Lighting Ordinance 18.54.050(1).If extr:l'ior lighting is proposed,
please indicate the number offixlUfes and locations on a separate lighting plan.Idem-iff each fixture typc and provide
the height above grade.lumens output.luminous area.and attach a cut shect of the lil~,Il.1ing fixtures.
1 .....r1 I'.~/''('..,
---
UTILITY LOCATION VERIfiCATION
•
This foml is to verify service availability and location for new construction and should be used in conjunction
.with preparing your utility plan and scheduling installations.The location and availability of utilities.whether
they be main trunk lines or proposed lines.must be approved and verified by the following utilities for the
.accomp~nying site plan.
Authorized Si gnature
u.s.West Communications
1-800-922-1987
468-6860 or 949-4530
Publie Service Company
949-57R 1
Gary Hall
Holy Cross Electric Assoc.
949-5892
Ted Husky/John Boyd
T.C.1.
949-55:'>0
Floyd Salazar It -1'r-77
Eagle River Watcr
&Sanitation District"
g;~;;~I;,o Cftt4 ~~~t!n [,'1 -10 -CfG,j
"Please bring a site plan,flool plan.lind elevations when obtainin~er Eagl~alley Water &Sanitation
signahlrcs.Fire fluw needs must be addressed.
NOTES:
1.If the utility verification form has signatures frolll each of the utility companies.and no
comlllents arc made directly on the form.the To\\'n will presulllc that there are no problems and
the dcvelopment can proceed.
2.If II utility company has coneems with the proposed construction.the utility representative shall
note directly on the utility verification fonn that there is a problem which needs to be resolved.
The is:ille S1;0,,;J ,nen be dewiicrl ir.an at1<lehed Jetter to thr.T~wn afVaii.Hc·.\'e\'~:>J'~';"Sc
keep in mind th':Jt it is the responsibility of the u;:iity company and the applicant to resolve
3.These verifications do not relieve the contractor of the res[JOnsibility to obtain a Public Way
Pe:lnit frOIll the Department of Public Works at the Town of Vail.Utilitv locations must be
obtained before dj;:gin!!in any public righl-of~way or casement within the Town of Vail.A
building perll1it is not a Public Wav permit and Ill!!'!be obtained separatelv.
"
•
Potato Patch Creek #4 Exterior Lighting Plan
Lot size =1.366 Acre =59,500 sq.ft.
Maximum #of light sources =1 per 1000 sq.ft.
Maximum #of exterior lights =59
•
Unit #4
#oflights type
3 wall mounted
7 recessed cans
name &number
Visa #OW1062
Eleo #EL71C100
bulb size
40 watt
40 watt
Total 10 Exterior lights for Unit #4
Luminous Area of each light
Visa -19/8 x 4.4 =10.45 sq.in.
Eleo -19/8 x 4.4 =10.45 sq.in.
Initial Lumen Output
Visa -40 watt bulb =440 lumens
Eleo -40 watt bulb =440 lumens
Luminance
Visa -42.1
Eleo -42.1
.",..',
SFfC:::f!)
MOCa tlUMBfil:
CI',IE/ISICI!S ~:lNTG.~ASE ACD ADD
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ql'--·I d<!.J"15-;;8"9·1'(1"8·:;'8'OW1D62 ·2CF:;,Qf25
c"Lm~:22.1I.m 39:mm 233:im 2t2mm ·2Ni:i;~~.1 1.--.-'---'
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G"\SS ,Allf,S S'!.IiC'Rl)li(;,~il 'G:Jr.m 171rrm 111m ,INte]'PT,VGgoimlr~d:8 I TO?&IPJ~
,PTiiiU-I j-:!,J'15-1'S'9-3.'8'e-"a'OW1D66 -,Cf'",Of,6
LL-H:6W'Ilml Zl::r,m 3S1r.:m 235mm 212mm -2ni:
;rrc;:)I.CCL:"
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"
SJE~A!T ?.'~:~f:.CE~;Gf:1 i :!TOP&.w~r~·II "~"i.vCPX ;'onCCWWI .;rIL-'l~i il 11-:1 a"'J'15-3.'S'""B'e'~/S'OW1D70 ·ZCF:2.:CF,5
=r..'T1 391;:-~1I 23St:"'Jn 21"".m ·ZNi:
,,
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,
TCCliNICAl SF-C,fIC,mONS
L.l:ti?"JG C~rIQC '~I r'=Cre~~lve 'or !;mIl E3eciiCJiJC!!"oS.
~':'L~.i.S;ilmfn,j/;:~.¥er Facor.0 (jeqr~tJhrerr:e:r mlOlrrum
:IJr;'r:,,::'~cer:llur!:cr t1ucresc~rn I.jmOlnQ
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MOli~lr;:lG 'Aour.IS :i)J S;Jnclard elet:m::JI wdll :unt:lOn ~x
PHOTOMETRICS _f1,...NI"'S_HE"'S _
1\c:llic::ilJCl1S&~::"·C~JVal!3c:e _PT__Pa:.'..;n!.:.e<l=-_
(S~ec:rl c.::tor suffix I'nm
VG 'Jerclqns
fHana uoolied 110ls..,over
SOliC!cxoer.Finlsn will
vary Irem IIxture 10 rix:ure.)
OPTIONS
AC ..lc.'VIic ;::Jnels :nsl2ad of saar.oard ql3SS :a:els.vent'll1'1aXl.""'.Um
.valtaoes tlvaJlatlle.
277V =iuOteSC2nIIJmcmq.
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·'1:41435J-0600
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TYPE WATIAGE TYPE
INcANDESCENT 11UNGSTEN.·:.;.".:.":.>'.:.
G23 09'1'1 FL 10,000 40'1'1 INC 505 1,000 GE
Gx23 13'1'1 FL 10,000 40'1'1 INC(T-l0)440 1000 PHILLIPS
Gx23-2 13'1'1 FL(DSL)10,000 MED 60W INC 870 1,000 GE
G2 J dl 13'1'1 CFL 10,000 GE MED 60'1'1 INC(T-10)745 1,000 PHILLIPS
G24d2 18'1'1 QFL 10,000 GE MED 75'1'1 INC 1,190 750 GE
G24q-2 18'1'1 QFL(-i-PIN)10,000 as RAM MED 100'1'1 INC 1,750 750 GE
2G11 18'1'1 FL 10,COO GE MED 150'1'1 TH(PAR-38)1,725 4,000 GE
MED BIP 20'1'1 ri.(T-12)1,2GG 9,000 GE MEn 150'1'1 INC 2,850 750 GE
:Gl1 24/27W FL 1,8CO 12,000 GE MED 200'1'1 INC(A-23)4,010 750 GE
G2 d d3 26'1'1 Q~L 1,800 10,000 GE MED 250'1'1 l'rI(PAR-38)3,370 6,000 GE
G24q-3 26W QFL(4-PINl 1,800 10,000 OSRAivi MED 300'1'1 INC(PS-25)6,360 750 GE
2G11 36/39'1'1 FL 2,850 12,OeO GE MOG 500'1'1 INC(PS-35)10,850 1,000 GE
2Gl1 40'1'1 FL 3,150 20,000 GE DC BAY 100'1'1 TH 1,600 2,000 GE
2Gl1 SOW FL 4,000 14.000 GE DC BAY 150'1'1 TH 2,800 2,000 GE
MED BIP 30'1'1 FL(T-12)2,375 18,000 GE DC BAY 250'1'1 TH 5,000 2,000 GE
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MED SIP 25'1'1 FL(T-8)2,125 20,000 GE GY 6.35 SOW TH(12V)1,000 2,000 OSRAM
MED SIP 32'1'1 FL(T-8)2,850 20.QCO GE RSC 300W TH(T-3)6,100 2,000 OSRAM
GR10q lOW DFL(2D)650 8,COO GE
GR10q 16W DFL(2D)1,050 8.000 GE
GR10q 21W DFL(2D)1,350 8.COO GE
GR10q 28W DFL(2D)2,050 10,000 GE
GR10q 38'1'1 DFL(2D)2,850 10,000 GE
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RSC 150W DH 11,000 10,000 OSRAM
MEn 70'1'1 H 5.000 5,000 PHILLIPS
MED 100W H 9.000 10.000 .GE
MEV 175W H 15.000 10.000 SYLVANIA
MOG 250W H 18.000 10.000 GE
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MOG 1000W H 105,000 12.000 GE
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PG-12 100W WS(T-l0)4.i00 10,000 PHILLIPS
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MED SOW HPS(B-17)3,800 24.000+GE
MEO 70W HPS(B-17)5.950 24,COOT GE
MED 100W HPS(B-17)8.300 24,000+GE
MED SOW MV(B-17)1,140 16,000 GE
MED 75'1'1 MV(S-17)2,8CO 16,000 GE
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•
DESIGN REVIEW BOARD AGENDA
Wednesday,May 3,2000
3:00 P.M.
PUBLIC MEETING SCHEDULE
•
PROJECT ORIENTATION I LUNCH -*****ADMIN CONFERENCE ROOM*****11:30 am
MEMBERS PRESENT
Clark Brittain
Bill Pierce
Hans Woldrich
Melissa Greenauer
Galen Aasland (PEG)
SITE VISITS
MEMBERS ABSENT
1:00pm
1.
2.
3.
4.
Driver:
McKeeta -1808 Alpine Drive
Town Manager's -2507 Arosa Drive
Carnie residence -2920 Manns Ranch Road
Vail Mountain School-3160 Katsos Ranch Rd.
George
5.
6.
Dorrance -97 Rockledge Road
VAC -352 East Meadow Drive
PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:00 pm
1.
2.
Town Manager's Residence -Review of proposed exterior modifications
2507 Arosa Drive /Lot 5,Block D,Vail Das Schone Fil.1
Applicant:Town of Vail
CONCEPTUAL -NO VOTE
Cummings/Reske residence -Final review of a new single-family home.
5146 Gore Circle/Lot 3,Block 2,Bighorn 5th Addition.
Applicant:Greg Cummings &Brian Reske
MOTION:Hans Woldrich SECOND:Melissa Greenauer VOTE:5-0
APPROVED WITH 4 CONDITIONS:
Ann
Ann
Brent3.
1.The stone foundation shall be carried around both sides and rear of the building and shall be
3'in height and stepped.
2.The chimney on the west side of the building shall be flared with stucco treatment and shall
have a wood band and brackets at its base.
3.The house shall be sprinklered per Fire Dept.requirements.
4.Finished grades shall not exceed 2:1 per Public Works Dept.requirements.
Carnie residence -Conceptual review of a new single-family home.
Site 4,Unplatted.
Applicant:John A.&Joan T.Carnie,represented by Michael Lauterbach
CONCEPTUAL -NO VOTE
1
4.
•
Golden Bear Building -New roof material.
286 Bridge Street/Lot A,Block SA,Vail Village 1st Filing.
Applicant:286 Bridge St.,Inc.
STAFF APPROVED
•
Allison
5.Axelrod residence -Final review of a new primary residence &EHU.
1977 Circle Drive/Lot 25,Buffehr Creek Subdivision.
Applicant:Judith &Arthur Axelrod,represented by Peel/Langenwalter Architects
CONSENT APPROVED WITH 1 CONDITION:
Brent
1.A staff approval of the zoning and engineering issues is required.
6.Vail Athletic Club -Final review of landscape plan.
352 East Meadow Drive/A part of Tract 3,Vail Village 1st Filing.
Applicant:VML,L.L.C.,represented by Tom Braun
MOTION:Bill Pierce SECOND:Hans Woldrich VOTE:5-0
APPROVED WITH 2 CONDTIIONS:
George
1.
2.
That the developer submits a plan indicating screening of the gas/electric meters and the
grate at the front of the hotel for staff review and approval.
That the developer removes the abandoned landscape improvements at the west end of
the property and cooperates with the Town of Vail in restoring the stream tract area south
of the hoter.
7.McKeeta residence -Final review of an amended landscape plan.
1808 Alpine Drive/Lot 14,Vail Village West 1st Filing.
Applicant:Gordon McKeeta
MOTION:Hans Woldrich SECOND:Bill Pierce VOTE:5-0
UPHOLD STAFF DENIAL
George
8.Vail Mountain School-Conceptual review of proposed campus expansion.Brent
3160 Katsos Ranch Road/Part of Lot 12,Block 2,Vail Village 1i h Filing.
Applicant:Vail Mountain School,represented by Gwathmey Pratt Schultz Architects
CONCEPTUAL -NO VOTE
9.
10.
Adam residence -Architectural projection
765 Forest Road/Lot 8,Block 2,Vail Village 6th Filing.
Applicant:Fritzlen,Pierce,Smith
CONCEPTUAL -NO VOTE
Dorrance residence -Conceptual review of proposed access.
97 AlB Rockledge Rd.lLots 2,3,Block 7,Vail Village 1st
.
Applicant:Resort Design
CONCEPTUAL -NO VOTE
2
Brent
Allison
••
11.Telemark Townhomes -Review of proposed repaint.
1090 Vail View Drive-1083 Lionsridge Loop/Lot B1,Block B,Lionsridge Filing 1.
Applicant:Meg Bernetrepresenting Telemark Townhomes Board of Directors.
CONCEPTUAL -NO VOTE
Ann
Staff Approvals
Bald Mountain Townhomes -Interior/exterior remodel and addition.
2350 Bald Mountain Road #4/Lot 26,Block 2,Vail Village 13 th Filing.
Applicant:Dr.Boscardin
Bald Mountain Townhomes -Interior/exterior remodel and addition.
2350 Bald Mountain Road #3/Lot 26,Block 2,Vail Village 13th Filing.
Applicant:Harry Greenberg and Ann Ferris
Wiley residence -Revisions to garage doors.
1538 Spring Hill Lane/Lot 14,Block 3,Vail Valley 1st
•
Applicant:Wiley Family Limited Partnership
Vail Mountain Adventure Center -Change out sipn faces for summer.
254 Bridge Street/Lot L,Block 5A,Vail Village 1s Filing.
Applicant:Blanche Hill
Deevy residence -Temporary site development sign.
736 Forest Road/Lot 11,Block 1,Vail Village 6th Filing.
Applicant:Brian and Caryn Deevy
Lodge at Vail -Window/skylight addition.
174 Gore Creek Drive,Units 407 &409/Lots A,B,C,Block 5C,Vail Village 1st Filing.
Applicant:MDJS&S Partnership
Kemp residence -Deck extension.
1379 Westhaven Circle/Lot 2,Glen Lyon.
Applicant:Jack Kemp
Scheidegger duplex -Basement conversion Into GRFA.
2450 Chamonix Lane/Lot 7,Block B,Karin's Ridge Subdivision.
Applicant:Karin Scheidegger
Ann
Ann
Allison
Dominic
Ann
Ann
Ann
Brent
Ann
Ann
McGervey residence -Antenna installation.
905 Red Sandstone Road/Lot A,Block 1,Sandstone 70.
Applicant:Stephen and Geneva McGervey
Beaver Dam LLC residence -Addition of stone/wood gate to conceal meters.
443 Beaver Dam Road/Lot 4,Block 4,Vail Village 3'd Filing.
Applicant:Beaver Dam LLC
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office,located at the Town of Vail Community Development Department,75
South Frontage Road.Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification.Please call 479-
2356,Telephone for the Hearing Impaired,for information.
3
•
Department of Community Development
75 South Frontage Road
Vail,Colorado 81657
970-479-2138
FAX 970-479-2452
May 3,2000
Michael 1.Lauterbach
PO Box 3451
Vail,CO 81658
Re:Lot 4,Potato Patch Creek-the Carnie residence
Dear Michael:
At their May 3rd meeting,the Town of Vail Design Review Board (DRB)conceptually reviewed
the ahove-referenced application.Following is a brief synopsis of their comments:
•
•
•
•
•
•
Please make sure the master landscape plan matches the Lot 4 plan and that all plants are
labeled correctly.Please show the existing landscaping on the adjacent townhouse property.
Please show the proposed lot lines for the single-family lots on the landscape plan.
Please break up the large wall plane on the west elevation through additional articulation.A
bay window or pop-out feature would help.
You are encouraged to consider pulling the cantilevered chimney all the way down to ground
level.
Please label all elevations correctly.
Windows should be consistent throughout.The window above the garage (master bedroom)
should be softened in appearance (perhaps a triple window).
Roof overhangs should be extended to about four feet to help break up the linear mass of the
west wall plane.
.lage I of2
\.~RECYCLED PAPER
•
Following are town staffs preliminary comments:
•The feeder road to this property is still under review.
•Please show driveway grades with spot elevations.
•Please showsnow storage areas
•
•Please provide a limits of disturbance fence and proper soil erosion control devices.
•Please label the culvert with size and invert.
•Please show the location of utility connections.
If you would like to discuss this project in greater detail,please contact me at 479-2140.You are
scheduled for final DRB review on May 17'h.Please submit your revisions no later than May
10'h.
Sincerely,
Brent Wilson,Planner II
Page 2 of2
•Amaka.l Land Tnk A~l:lul:iati()n Commilmc",-MoJlti~d JI7X •
COMMITMENT FOR TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY,A Texas Corporation,herein called the Company,for
valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in
Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A,upon payment of the
premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitmcnt shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company,either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitmcnt is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue,whichever first occurs,provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company,but this Commitment shall not be valid or binding until it bears an
authorized Countersignature.
IN WITNESS WHEREOF,Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE OF EAGLE COUNTY,INC.
P.O.Box 2000
Vail,Colorado 81658
(970)949-1011
A lID #0
Order No.99018268
Order Number:99018268
•SCHEDULE A •JIO (
1.Effectivedate:July 01,1999 at 7:45 A.M.
2.Policy or Policies to be issued:
(a)ALT.A.Owner's (Standard)
Proposed Insured:
MICHAEL J.LAUTERBACH
Amount of Insurance
$1,000,000.00
(b)ALT.A.Loan
Proposed Insured:
(e)Leasehold
Proposed Insured:
(Standard)$
$
3.The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple
4.Title to the fee simple estate or interest in said land is at the effective date hereof vested in:
JOHN A.CARNIE and JOAN T.CARNIE
5.The land referred to in this COlllmitment is described as follolVs:
SEE ATTACHED LEGAL DESCRIPTION
Purported Address:STATEMENT OF CHARGES
These charges are due and payable before a
Policy cMn be issued.
PREMIUM
OWNERS:
TAX CERT:
EXCEPTIONS:
$2175.00
20.00
25.00
Order Number:99018268
•SCHEDULE A
LEGAL DESCRIPTION
•
A Tract of land in the Southwest Quarter of Section 6,Township 5
South,Range 80 West of the 6th P.M.,more particularly described as
follows:
Beginning at a point on the Southeasterly boundary of that
tract of land described in deed recorded in Book 126 at Page 583 from
which point the Southwest corner of said Section 6 bears South 22°52'
West a distance of 1,059.19 feet;
thence North 62°31'East 101.94 feet along the Southeasterly
boundary of the tract described in Book 126 at Page 583;
thence North 57°10'East 79.0 feet along the Southeasterly boundary
of the tract described in Book 126 at Page 583;
thence North 16°34'East 103.3 feet along the Easterly boundary of
the tract described in Book 126 at Page 583;
thence North 14°54'East 228.32 feet along the Easterly boundary of
the Tract described in Book 126 at Page 583;
thence South 34°08'East 162.45 feet;
thence South 0°05'East 274.58 feet to a point;
thence South 89°55'West 336.55 feet,more or less,
To The True Point Of Beginning.
COUNTY OF EAGLE
STATE OF COLORADO.
THIS COMMITMENT WAS PREPARED ON JULY 14,1999
FOR QUESTIONS REGARDING THIS COMMITMENT PLEASE CALL LINDA
WILLIAMS,THE TITLE OFFICER,AT 970/949-1011.
FOR QUESTIONS REGARDING THE CLOSING,PLEASE CALL
TRACI CARSON,THE ESCROW OFFICER,AT 970/949-1011.
This commitment is sent to:
MICHAEL J.LAUTERBACH
JOHN «JOAN CARNIE
ROSS DAVIS
".
Order Number:99018268
•SCHEDULEB
Section 1
REQUIREMENTS
•
The following are the requirements to be complied with:
Item (a)Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b)Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for
record,to wit:
1.Evidence satisfactory to Stewart Title Guaranty Company of payment of all
outstanding taxes and assessments as certified by the Eagle County Treasurer.
2.Execution of affidavit as to Debts and Liens and its return to Stewart Title
Guaranty Company.
3.Evidence satisfactory to Stewart Title Guaranty Company that the real estate
transfer tax assessed by the Town of Vail has been paid or that the transaction
is exempt from said tax.
4.A Good and sufficient Access Easement for ingress and egress to subject
property from a public street or roadway conveyed to Michael J.Lauterbach.
THIS REQUIREMENT IS NECESSARY FOR ACCESS TO SUBJECT PROPERTY TO BE INSURED.
5.Deed from John A.Carnie and Joan T.Carnie vesting fee simple title in
Michael J.Lauterbach.
NOTE:NOTATION OF THE LEGAL ADDRESS OF THE GRANTEE MUST APPEAR ON THE DEED AS
PER 1976 AMENDMENT TO STATUTE ON RECORDING OF DEEDS CRS 38 -35 -1 09 (2).
.'..,,
Order Number:99018268
•SCHEDULEB
Section 2
EXCEPTIONS
•
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
J.Rights or claims ofparties in possession,not shown by the public records.
2.Easements,or claims of easements,not shown by the public records.
3.Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4.Any lien,or right to a lien,for services,labor or material heretoforeor hereafter furnished,imposed by law
and not shown by the public records.
5.Defects,liens,encumbrances,adverse claims or other marrers,if any,created,first appearing in the public
records or attaching subsequent to the effective date hereof.but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6.Vnpatented mining claims;reservations or exceptions in patents,or an act authorizing the issuance thereof.'
water rights,claims or title to water.
7.Any and all unpaid taxes and assessments and any unredeemed tax sales.
8.The effect of inclusions in any general or specific water conservancy,fire
protection,soil conservation or other district or inclusion in any water
service or street improvement area.
9.Reservations or exceptions in Patents,or in Acts authorizing the issuance
thereof,including the reservation of a right of way for ditches or canals
constructed by the authority of the United States,as reserved in United States
Patent recorded August 15,1935 in Book 93 at Page 278.
10.Terms,conditions,reservations,restrictions and obligations as contained in
Protective Covenants,recorded March 3,1965 in Book 187 at Page 7 as Reception
No.100997.
FROM :AEPLFlNALP •PHONE NO.3043443648 •May.17 2000 11:02AM P01
JOHN W.llUNN
\ARThUR A.AUPLAHAU\JR.
CIANt;;HtRMAH MAURIEllO
SH.CI....COUlOn:
JERRY W.HANNAH
LAw OFFICC:II
DUNN,ABPLANALP &MAURIELLO,P.C.
WKIITSTA"BANK BUILDING
'OA SOUTh F'RO"TAOC ROAD WEST
SUITE 300
VAil,COlOFtADO al6b'1
17 May 2000
TrlEPHONE::
(970)476·0300
'ACS.MILf::
(8701 476'470&
....."KN M.DUNN
CCJllTIIf,""O &.ECMlL "...rANI
'.
Design Review Board of Town of Vail
Town of Vall
7S South Frontage Road West
vaUco
VIA TELBCOPIER
Re:Lauterbach/Camle Application -Potato Patch Creek Unit #4
Members of the Board:
,IlThis\Pinn represents Dome InvesbncntGroup and Mr.and Mrs.George Ireland,
the oWnet'$of Condominium Units 11 and 16.respettlvely.and an undivided interest
In the genera]common elements of the Potato Patch Club,which property adjoins the
property which is the subject of the above application,Our clients object.to the
approval of this proposal because of the fact that it violates the design review
guidelines and the Munldpal Code of the Town of VaIt
I
Some background is In order.The parcel of land which is the subject of this
appllcatlon Is currently owned by Mr.and Mrs.John Carnie.who have signed the
appllc:atlon before this BOard.The Town correctly Identified the absence of access to
this parcel as a problem as early as the conceptual review of the project as a whole.
The Town required that the applicants provide evidence of access.as a result of which
the applicant's representative,Mr.Lauterbach.engaged in negotiations with the
Potato Patch Club Condominium Assodation for access across the general common
elements of the Potato Patch Club.The Town,in considering the entirety of this
project for conceptual review,relied upon a resolution of the Association indicating a
willingness to enter Into negotiations to grant an easement.Tbere Is some question
as to whether an actual agreement has actually been establlshed by Mr.Lauterbach
or Mr.and Mrs.Camle and the Assodation.In any event,the Association does not
pwn the general cornmon elements.and the question of whether the Assodation may
grant an easement across land which it does not own Is now under litigation.The
general common elements are under a Us pendens awaiting resolution of that.Issue.
Clear tide to the easement cannot be granted.andany action purporting to grant such
an easement may be judicially voided,prior to or at the time that litigation Is resolved.
FROM :ABPLANALP •PHONE NO.:3043443548 •May.17 2000 11:02AM P02
To protect neighboring property owners and users bymaking sure that
reasonable provision has been made for such matters as pedestrian and
vehicular traffic,surface water drainage,sound and tdght buffers,the
preservation ofUghtand air.and those aspects ofdesign not adequately covered
by other regulations which may have substantial effects on neighboring land
uses.
Ordinarily,the Town of Vall does not become involved.in contractual disputes
01'covenant issues among prlvate parties.In this simatfon.however,the agreement
which·has been approved by the Association and which purports to be aimed at the
grant of an easement at some time In the fuwre (the vaUdity of which is under
Utlgatlon),was appropriately Imposed as a requirement of the Town of Vall.
~refore,while the Town ofvan ordinarily may not become involved in such disputeS
between prlwte parties such as that involvlng access to this parcel,It must be pointed
out that the Town of Vall dJ.reet1y involved in this particular agreement,bealuse It
reqllift:d the agreement,and both the validity of that agreement and the proposed
nt of an easement are uncertaln until judlclal review Is completed.
th the foregoing background,It must be observed that,~en if the proposed
agr~lenltbetween the Potato Patch Club and Mr.Lauterbach is valid.violations of
that aareement with reference to design of the project before this Board ate central to
the quptlon of whether the Town should approve the design of the project.If the
agreement is violated,then the Town's condition of approval of the projeet Is alsom1a*..
It Is the duty of the Design Review Board to determine whether a project
adequately provides for light,air.the protect:lon of neighboring properties,and to
assure dult a project is oonslstlmtwlth other design rev1ewcrllerla ofthe Town ofVall.
Specifically,the intent of the design review guidelines set forth at SectIon 18.54.010
of the Vall Munlclpal Code includes the following:,
I
\
I
This project does not warrant approval for the following reasons:
1.Pedestrian and vehicular traftic Is the first concern mentioned in the
statement of Intent referred to above,yet acc:ess remains speculative.
Both the condemnation litigation by which Mr.and Mrs.Cornie have
attempted to obtain access across the Potato Patch Club and the
negotiations by which Mr.Lauterbach has attempted to obtain rights
from an Association which does not own the subject property remain In
lttlglltlon.and the question of whether any right may be granted by the
2
FR(J1 :AEPLf'V'lfU'•PHONE i'lJ.:3043443648 •May.17 2000 11:03AM P03
Potato Patch Assodation (as distinguished from the owners of the land
across which the access road Is to Pass)remains subject to a Us pendens.
'I1te route ofaccess upon which the developer reUes does Mt exist at this
time.
2.The proposed aareement with the Potato Patch Club Condominium
Association upon which access supposedly relies would require that the
structures on the Potato Patch ~project be set back thirty feet from
the Potato Patch Clu.b property Une.Viewing this from the perspective of
the developer and the Assodation,thfs deftnes the Impact whleh Is or Is
not aec:eptable to the Potato Patch Club.ThIs proposed.agl'eement doea
not adopt provisions of the Town of van whlm would permit
eneroadunents Into the setback by bay windows,decks.roof overhangs.
or c:andleva-ed seetions ofa buUding.Even the preUmlnary proposals for
the proposed building seen by the DesIgn Review Board on conceptUal
revlewestabUshed that parts ofthe building violated the setbackrequJred
by the proposed agreementwlth the AssocIation which has been required
by the Town,while the conc:eptlUl1 proposal for the project as 8 whole,
considered,and approwcl by the Town In 1999 and Incorporated Into the
proposed agreement,showed #4 to be entirely behind the setback.The
proposal should not be approved bec:ause of this vloladon.
3.The proposed asreement with the Potato Patch Club Condominium
AssocIation upon which aceess supposedly relies would require that the
bufidlngw not exceed thlrty~three feet from ground level.Although It
appears that the elevation of the roof may comply with this requirement.
that Is unclear wfth reference to measurement frotra the lowest point
underlying the proposed bUildlng.and It Is certain that at least one
cblmney structure violates that restriction.The purpose oftile Umltation
was to be certain that Ihere remains uninterrUpted Ught.aIf and view
above thlrty-othree feet over this project.and the exlstenee of II chimney
Impedes the view,If not air.at least as etJec:dvely as any other pan of a
building.
4."nle projeet Is being developed as a site for single fanilly redd~.The
zone dlstrlct In which the property Is located ia Rerddendal Cluster,In
which single funny residences are pennltted.The zone district
regulation provides both dlrection and design review SUldance regardtng
the conBguradonofthe structures within this zonedlltrlct.'I1le applicant
has c:on8gul'ec:l the residences In sudt a way that there Is approximately
3
,
FROM :ABPL~ALP •PHONE NO.:3043443648 •Malj.17 2000 11:04~P04
twelve feet between residences.The Resldendal Cluster zone dlstritt
indicates that there 8J'e to be flfteen·foot setbacks between -sites."'I1tere
seems to be tmcertaJnty regarding whether thls project is to be orpnlzed
as a fi1ubdlvislon or as a condominium of free.standlng single family
resldenteS.Whether as subdivision or condominium,each single famtIy
residence will be a "site"to which no other "site"shall be closer than
ftfteen feet.can the DesIgn Review Board accept a sp4(e of twelve feet
between single family dwellings as a reasonable provl8ion for sound and
sleht buffers.and for the preservation of light and air,where the side
setback required Is fifteen feet?Whether read 85 a strict requirement or
as gutdance,the setback reference Indicates that the distance between
uses should be at least three feet greatel'than that proposed by the plan
now before the DesIgn Review Board.
In 8UIDJ1UlI'y,the proposal falls to satisfy the intent of the guldellnes of the
design review process.violates the agreement Into which the developer entered Or
intends to enter with the Potato patch Club Assodatl.on,and violates the standards
reeognized by ImpUcation,If not specifically,for the zone dlstrlct In which the
development Is J0C!8ted.The proposal should be dlsappro\Jed.If the proposal Is
apPr~that approval should be conditional,and (a)the developer should be
required to (I)conform the desJgn to any agreement with the Assodadon and other
requirements of the Town related to adequacy of atce88,sound at\d sight buffers.and
preservation ofllgttt and air,and.(ll)bring an w:eptable reviled proposal back to the
Design Review Board prior to any final approval,and (b)consistent with the Town'.
position at the time ofstaff and conceptual review of the entire project.anypermttttng
or further progI'eSs in the project should be condidoned upon the demonstration by the
deve1opel'of access insurable by a reputable tide insurance company prior to any road
COIlSb'Uedon or other buDding aetl\JIty.
4
•
2221 Caminito del Barco
Del Mar,CA.92014
(858)755-4550
May 11,2000
Design Review Board
Town of Vail
75 S.Frontage Road West
Vail,CO.81657
Re:Development ofCamie Property.next to Potato Patch Club
Gentlemen:
I am writing to you,as I understand that there is to be a Design Review Board meeting on
May 17,2000,considering the development of 5 houses on the property called "the
Carnie property"adjacent to the Potato Patch Club in Vail.
I am an owner of Unit #13 at Potato Patch Club and,as such,I am very much opposed to
the development for many reasons.I have seen "preliminary"plans of this project and,
among other things,find that:
I)the proposed buildings are too close together (only 12 ft.apart)and the area
would be much too congested.The project should not be permitted to bc developed in a
way that avoids the typical set-back requirements.
2)the proposed buildings are too close to our property and I understand
that as they are planned now,they even encroach on the easement between the buildings.
There also needs to be relief,so as not to be looking at a solid wall on the side of the
building.Even bay windows would not be adequate relief Also,it would destroy the
views from all the buildings on the East Side of the Potato Patch Club project.
3)The structures of the Potato Patch Club townhomes have irregular walls--
similar standards should be adapted to this project.
I include a few suggestions for your consideration:
I)The proposed buildings should be moved away from the Potato Patch Club
and their height be within the limitations ofthe agreement with the Club,
including chimneys,etc.
2)The appearance of the buildings should be less stark and be redesigned to
meet the standards ofthe Potato Patch Club buildings.
•
Design Review Board -2-
•
May 11,2000
3)Adding bay windows would not help,;if anything they would be more
intrusive.
In conclusion,it is my hope that you would not approve this project as it is
structured today.Thank you very much for considering these suggestions at your
Design Review Board meeting.
Sincerely yours,
/d~-07~~
/Bettan Laughlin
BBL/bl
00'010 J(D
I nJ Vel
revised 10/12192
••
DATE RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
A.
B.
C.
D.
E.
F.
APPLICATION FOR
MINOR SUBDIVISION REVIEW
CHAPTER 17.20 VAIL MUNICIPAL CODE
(4 OR FEWER LOTS)
(please print or type)
APPLICANT I c...f1 C-L J.L 4 lJ -r£I(£3 4-c..H
MAILING ADDRESS (J tH:34:f V l.-PHONE.(1Ce -'144
PROPERTY OWNER Q rte..-~~'1()~~C .q·/?,N r £
OWNER'S SIGNATURE--::-----c:---:....,.....---,-.,...--,,.--_
MAILING ADDRESS ;)1:>-()P1tfNlV.t RtttVcf!R/}PHONE 4-7'-S"r40
LOC,I),TION OF PROPOSAL (street addreSS)_~t7~::!..S;L7l---.JOL,::....------_
(-',.,.A--r"PIt,tU(C{..VI!>C (!)'"6 (1 IYI rtVllJ ~S
LOTS 4 BLOCK SUBDIVISION C Af<l-fr ~
FEE $250.00 PAID CHECK #DATE _
The first step is to request a meeting with the zoning administrator to assist the applicant
in meeting the submittal requirements and to give the proposal a preliminary review.
SUBMITTAL REQUIREMENTS
1.The applicant shall submit three copies,two of which must be mylars,of the
proposal following the requirements for 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.
2.A list of all adjacent property owners (including those behind and across the
street)WITH COMPLETE ADDRESSES shall also be submitted.In addition,
submit addressed,stamped envelopes for each of the above.
3.Title Report verifying ownership and easements.(Schedules A &B)
4.An environmental impact report may be required as stipulated under Chapter
18.56 of the zoning code.
5.FINAL PLAT -REQUIREMENTS AND PROCEDURE:
(Some of these requirements may be waived.)
a.The subdivider 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 correct submittal lor a linal plat,the zoning administrator shall cause a
copy of a notice of the time,place and general nature of the hearing and
proposal to be published in a newspaper of general circulation in the Town
of Vail at least lifteen 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.
Q t='in~1 PI:)t -~t::Jff ~P\li~w
TO:
FROM:
DATE:
RE:
•
MJL DEVELOPMENT INC.
POBOX 3451
VAll..,COLORADO 81658
OFFICE (970)476-6944
FAX (970)476-6947
MOBILE (970)471-1670
MEMORANDUM
TOWN OF VAlL
COMMUNITY DEVELOPMENT ~TMENT
MICHAEL J.LAUTERBACH N
JULy 12,1999
MINOR SUBDIVISION APPUCAnON
•
I am in receipt ofa CONTRACT TO BUY AND SELL REAL ESTATE which has been executed
by Jack and Joan Carnie,owners ofthe Carnie Parcel which is located to the east of the Potato Patch Club
Condominiums.I am also in receipt of a JOINT RESOLUTION ADOPTED BY THE BOARD OF
DIRECTORS AND MEMBERS OF THE POTATO PATCH CLUB CONDOMINIUM ASSOCIATION,
INC.which when executed by 67%of the Potato Patch Condominium Association Owners will allow the
Board ofDirectors of the Association to grant me an easement to access the Carnie parcel over
Association property.
Consequently,I am submitting the enclosed APPLICATION FOR MINOR SUBDIVISION
REVIEW and am proposing that the site be approved for five single-family residences to be located on
four subdivided lots pursuant to the preliminary site plan which is enclosed.The lot which is to contain the
two single-family residences would be subdivided following installation of the first foundation.It's also
possible that only one single-family residence would be constructed on that lot.
PLEASE INITIAL AND DATE HERE AND FAX TO SENDER TO CONFIRM RECEIPT
DELIVERY ADDRESS:767 POTATO PATCH DR.#5,VAIL,COLORADO 81657
•
CARNIE PARCEL
APPLICATION FOR MINOR SUBDIVISION REVIEW
JULY 12,1999
•
ADJACENT PROPERTY OWNERS &MAILING ADDRESSES
SUN VAIL CONDO ASSOCIATION
C/O KIT WILLIAMS
PO BOX 3655
VAIL,COLORADO 81658
TRACTC
TOWN OF VAIL
75 SOUTH FRONTAGE ROAD WEST
VAIL,COLORADO 81657
POTATO PATCH CLUB CONDOMINIUM ASSOC.
C/O LARRY BARNES @ VAIL HOME RENTALS
143 EAST MEADOW DRIVE SmTE 397
VAIL,COLORADO 81657
746 SANDY LANE
JOSEF STAUFER
100 EAST MEADOW DRIVE
VAIL,CO 81657
744 SANDY LANE
CHARLES &BARBARA RAGAN
744 SANDY LANE
VAIL,CO 81657
742 SANDY LANE
BETTY GUFFEY
742 SANDY LANE
VAIL,CO 81657
742 SANDY LANE
CHARLES &GERALD CAMPISI
FROST DRIVE
SANDS POINT NEW YORK,NY 11050
740 SANDY LANE
MIKELL HOLDINGS CO LTD
C/O KARL
PO BOX 4261
VAIL,CO 81658
740 SANDY LANE
RICAN INVESTMENT CO LTD
C/O KARL
PO BOX 4261
VAIL,CO 81658
~'l I$J 1/~~/'l1
~.
--•
revised 10/12192
DATE RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR
MINOR SUBDIVISION REVIEW
CHAPTER 17.20 VAIL MUNICIPAL CODE
(4 OR FEWER LOTS)
(please print or type)
A.
B.
C.
D.
E.
F.
APPLICANT J,
MAILING ADDRESS t7 34:
PROP ERTY OWN ER,-.......::Q,=:=-:-f1,c...!.:'=.!1c~,II-,-,---..J=:;~9-7=i1"---='!==-';-=----\------b---....-9-
OWNER'S SIGNATURE
MAILIN G AD DRESS---'O.~-:::'-7"'7-----,-":,:":,,~,,,,:,,>,,:,,,:,:-r--:,>,,~_/
LOCf),TION OF PROPO
(J,T ,f--ro Pit-.C{..VI!>
LOTS 4 BLOCK _
FEE $250.00 PAID CHECK #DATE ___
The first step is to request a meeting with the zoning administrator to assist the applicant
in meeting the submittal requirements and to give the proposal a preliminary review.
SUBMITIAL REQUIREMENTS
1.The applicant shall submit three copies,two of which must be mylars,of the
proposal following the requirements for a final plat below.Certain of these
requirements may be waived by the zoning administrator and/or the Planning and
Environmental Commission if determined not applicable to the project.
2.A list of all adjacent property owners (including those behind and across the
street)WITH COMPLETE ADDRESSES shall also be submitted.In addition,
submit addressed,stamped envelopes for each of the above.
3.Title Report verifying ownership and easements.(Schedules A &B)
4.An environmental impact report may be required as stipulated under Chapter
18.56 of the zoning code.
5.FINAL PLAT -REQUIREMENTS AND PROCEDURE:
(Some of these requirements may be waived.)
a.The subdivider shall submit four copies of the final plat,two of which shall
be mylars,twelve copies of the final EIR (if required)and any additional
material as required below.Within thirty days of receiving the complete
and correct submittal for a final plat,the zoning administrator shall cause a
copy of a notice of the time.place and general nature of the hearing and
proposal to be published in a newspaper of general circulation in the Town
of Vail at least fifteen days prior to said hearing.Also,adjacent property
owners to the proposed subdivision shall be notified in writing at least
seven days prior to the public hearing.
•OO'o'Il010:l '11'0'11
~]]~J HJIVd OlVIOd
NV1d 311S
•
-,
<•,.
!.II:s .,i~I.,I 'I ~tI'I--=-*='-~.;(11.~,H'~i~I .•$
§r ~S I
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••
2221 Caminito del Barco
I>el11ar,CJ\.92014
(858)755-4550
11ay 11,2000
Design Review Board
Town of Vail
75 S.Frontage Road West
Vail,CO.81657
•
Re:Development of Carnie Property,next to Potato Patch Club
Gentlemen:
1 am writing to you,as I understand that there is to be a Design Review Board meeting on
11ay 17,2000,considering the development of 5 houses on the property called "the
Carnie property"adjacent to the Potato Patch Club in Vail.
I am an owner ofUnit #13 at Potato Patch Club and,as such,I am very much opposed to
the development for many reasons.I have seen "preliminary"plans ofthis project and,
among other things,find that:
1)the proposed buildings are too close together (only 12 ft.apart)and the area
would be much too congested.The project should not be permitted to be developed in a
way that avoids the typical set-back requirements.
2)the proposed buildings are too close to our property and I understand
that as they are planned now,they even encroach on the easement between the buildings.
There also needs to be relief:so as not to be looking at a solid wall on the side of the
building.Even bay windows would not be adequate relief.J\lso,it would destroy the
views from all the buildings on the East Side ofthe Potato Patch Club project.
3)The structures of the Potato Patch Club townhomes have irregular walls--
similar standards should be adapted to this project.
I include a few suggestions for your consideration:
1)The proposed buildings should be moved away from the Potato Patch Club
and their height be within the limitations of the agreement with the Club,
including chimneys,etc.
2)The appearance of the buildings should be less stark and be redesigned to
meet the standards of the Potato Patch Club buildings.
•
Design Review Board -2-
•
May 11,2000
3)Adding bay windows would not help,;if anything they would be more
intrusive.
In conclusion,it is my hope that you would not approve this project as it is
structured today.Thank you very much for considering these suggestions at your
Design Review Board meeting.
Sincerely yours,
~~(~
Bettan Laughlin
BBLIbI
----------'-'.;;,,'._--
2221 Caminito del Barco
Del Mar,Ca.92014 r
Design Review Board
Town of Vail
75 S.Frontage Road West
Vail,CO.81657 •
1I"III"Il.II,,,!.I,I.,.I,!,I,ll ..,!!I...II"1,1 ..1,1.,,1.1.1
"
...
".Town cfVan -Depenment of Community Development
7S S.Frontllge ROIId
Vall,CO 81657
Name:NJikt~Receipt No ~DIPIc "
Address:
Dste~10 00Project:I
Please make checks payable to the TOWN OF VAIL
Account No.Item No.Coda'Cost Each Total
..'-001 00003141110 Zonlna and Address Maos ZA $5.00 •
00100003141112 Uniform Bulldlna Code·1997 •Volume 1&2 CS 50.95 •
001 00003141112 Uniform BUildina Code -1997·Volume 3 57.20 •
00100003141112 International Plumbino Code·1997 CB 136.00 •
00100003141112 Intematlonal Mechanical Code •1998 CS $35.00 •
00100003141112 Uniform Mechanical Code -1997 $33.60 •
00100003141112 Uniform Fire Code CS 136.00 •
001 00003141112 National Electrical Code CS 137.00 •
00100003141112 Abatement of Danaerous BIda.'s 1997 $9.95 •
00100003141112 Model Energy Code -1995 $10.00 •
00100003141112 Analvsls ot Revisions to 1997 Uniform Codes $12.75 •
001 0000 314 1112 Other Code Books CS .
001 00003141211 Blue PrinlBlMYiar CODY Fees SF $7.00 •
00100003141111 Xerox Cocles XC $0.25 •
00100003141111 Lionshead Master Plan ($1.80/$1.601 MS $40.00 •
00100003141111 SlIldles Master PllII'l$etc.MS .
001 00003153000 Penalty FeesJRe.lnsceclions PN
001 0000311 2300 Plan Review Ae-chack Fee ($401Der hourI PF --DOl 00003152000 OffHou~ln~ectionF~OH
001 00003123000 Contractors License Fees CL --DOl 0000 312 4000 Sign ADcllcation Fee SP $20.00
001 00003124000 Additional Sian Amllcatlon Fee SP
001 0000311 2200 D88iQn Review Board Fee (Pr&il8ldl DR i .1f,')f1'V '7.ftJ~
001 0000315 3000 Bulldlna Investlaatlon Fee PN
001 0000 240 3300 D_leper Impl'llVsl11Gm AgreemsnI Oepoall D2·DEP10 AD
00100003121000 Restaurant License tee (TOVI RL
001 00002302000 Spec.Assess.-Restaurant Fee to Co.DeDtRev.SA
'001 0000 201 1000 Taxable @ 4.5%(Stata)•Tax Davable TP
'001 0000310 1100 Taxable @ 4.0%(Town)•Retail Sales Tax T7
OtherlMisc.-MS
001 0000 311 2500 pec APPUCAnON FEES
001 0000311 2500 Addltlonal GRFA -"250·PV 200.00
001 0000 311 2500 Condltlonal USB Permit PV 200.00
001 0000 3112500 Exterior Alteratlon •Less thsn 100 SQ.tt.PV 200.00 --DOl 0000311 2500 Exterior Alteratlon •More than 100 SQ.ft.PV $500.00
001 0000311 2500 Soscia)Development District·NEW PV $1,500.00
001 0000311 2500 Soaclal Development District·Major Amend PV .$1,000.00
001 0000311 2500 SDecial DeveloDment District·Minor Amend PV $200.00
001 0000 311 2500 Subdivision Fees PV I
001 0000311 2500 Variance PV !250.00 --DOl 0000311 2500 Zonina Code Amendments PV ,250.00
Ae-Zonina PV I 200.00
00100003193100 Greenstar Proaram I
Other·MS I
ITOTAL:~200 /
'-v-A-\L.f---
1-Comments:-1a.Ae.1 e-,foTl'-\-1'O ~--
I--
I--
I--
c9-]1Q Received bY~·~
I--Cash Money Order #Check #~
t--I-
I 11 I I
2110199
--
TOlin of Vail
H+aJSTOI£R RECEIPT HI
DATE:4/11100 01 RECEIPT:0007270
DESCRIPTI~UTY IIOJfT TP TM
DESIGN REVIEW FE I $200.00 .DR CK
MID£IL UVTERBOCH
T~T C POTATO PATCH
TENDER DETAIL
0<2770 $eN.00
DATE:4/11/00 TIME:12:52:10
TOTIL ClEO<$200.00
AIO.M TENDERED $eN.00
mlN{YOO FOR YllJR PAYMENT I
50666
50666
Police Reoeipt Numbers _
By _--'.,~~lc=-=:::=-------------
I j
e Town of Vail
RECEIPT·The Town of Vail
RECEIPT
--"------------------------------------~
DATE MCd~,I D
Permit Numbers _
-1 .........._
_______________________DOLLARS $~I.r::......:.<.:L=____
RECEIVED FROM M lief c
ADDRESS __-,-__--,-..,.-_-,_
1'1£1.)6flL'--(}NltJ I"e-(Nl&I Lor-Y.
r
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I
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I
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I
:HOW PAlD---Cash Check ::21::«.)
lL _
1---_.-_.----
I
I
_____________________DOLLARS $~-if)-
Permit Numbers _
HOW PAID---Cash Check ;)..1':fo.By :CWL-..t
""N:::um=----be_rs _
TABLE OF CONTENTS
SDt SITE DEVELOPMENT AND LANDSCAPE PLAN
At MAIN LEVEL FLOOR PLAN
A2 LOWER LEVEL FLOOR PLAN
AJ SOUTH /EAST ELEVATIONS
A4 NORTH /WEST ELEVATIONS
AS MAIN LEVEL /LOWER LEVEL C.R.LA.
A6 EXTERIOR LIGHTING PLAN
....
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2000
LANDSCAPE DESIGN
CREENAUER DESICN
POST OFFICE 1l0X 596)
VAIL.COLOI\.AOO 81658
970.9 0 ...12)"
MAY 9.
CREEK
LOT
PATCH
DEVELOPED BY
MJL DEVELOPMENT
POST OFfICE BoX )451
VAIL.COLOI\.AOO 81658
970 ....76.69 ....
MEMBER OF AMERICAN INSTITUTE OF ARCHITECTS
v
U V<..T EVE N.JAM E S .RID [I(~
'\t,;po ST0 F FIe E BOX J 2 J 8 1/..)
VAIL •.co.81658 ,-(97 0)9'"9 ...121 ~'--
"-./
"-/'
INC.
POTATO
CONSULTANTS
LOOP SUITE JB
81 65 7
SOIlVEYIHC
PEAK.LAND
1000 LI0NSlliDGE
VAll.COLOILADO
910.476.8644
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-.._...~.._........-1 MAT ..,.2000 TH
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DESKiNED:lilT
ORA~:""T
REVIEWED:.E.
PLc JOlJ~is
DWG #.15-SlTE
OAT£.:9/29/99
REVlSONS:
20'
flO CArcs ~"I(JlCR([!r.IME
WITH IT'S """=tOlC,(l&AJll1;t[1I:
:NCiCAT[S A ()(Cl:t.JCvS T=tH
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SCALE:'"
TOfAl.LOT ACREAGE •1.JE6 N;..(5~.500 Sq.n.)
TOTH.AREA IN EXCESS OF 40X SLOP£:,.Ji5JO Sq.rt.
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SIZE REMARKS
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CA.NADIA.N U!.JoC
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BUfF'AlO JUNIPER
ROCKY UOUNTAJN SUI.4AC
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RHUS Gl../oBAA CIS MONTANA
PHYSOCAAPUS tr.ICltfOGYNUS
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PROPOSED SITE AREA P..ANT UST
SC
All OlSTURBlU A.H[AS 10 B£R£V(C(l"IEO WITH MTIVE Clt&SS[S ANI)W"JL()W(R SUD !"UK.
All or"IN(O PL,ANIING H[OS 10 HAVl PER(NNIAl A.HO AN"4U.ll.nowcqs AND GHOUNOCtJo1:RS.
S(l£CI!0tf5 'IIIlll BE OrTERl.llN[O "I Hl(11"'[or PlANIINC,OUl 10 fll(Sf.A.SONA.L A.VM..ABIUTY or THIS NP[Of P......,.,"",,'[RiAl
AU 0IS1UR&O AREAS TO BE R(V[G(lAT[D Wffii NATNE CRASSES .......a W1LFl.OWER SEW ....D:.
JS
fOCAl POINT P\..NolTINC AA{}.S TO HAvE P(RENNlAl .\NO ""'NUAl.flOWERS At«,)GROI..INOCO't'ER.
S£lECTIONS WILL 8E O£TER"'IN(O A1 THE T1t.l(OF Pl.»lTlNC.JU(10 THE SE:ASONAl.AVAl\Jo8lllTY Of"THIS TYPE O'PL»IT N.A.T£RIAl.
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PROPOSED CONCEoTUAl RESIDENTiAl PLANT UST (1"r'P1CAL PVM UST ptR I1Ot.lESrTE)
KIT BOTANICAl HAM(COMMON NAME OTT.SIZE REMARKS_.__._-_.------._.-".-
TREES:••/rAAlUS BRANUM BRANDYWINE CRAB APPlf 2 1/2·C'L.---_._-
""P\C(A PUNCEIiS COlQR,\OO SPRUCe NIl.SllES NOTED ON PlAN
(8)PA POPVlUS AUCUSllF'OlIA NARROWl£Af con()MJl'OOO 1/r CAL
P'POPULUS TREU\Jl.OtOCS QllAKINC ASPf N 1/2"CAL------_..
p ....PS£VOOTSlJGA "'(NIIESII 00lIGLAS fiR 2 1/2·CAl...
SHRUBS,os CORNVS SlR!CEA RED TWIC OOCWOOO ,""-
------
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KIT 6OT,.t.NICA!.NAME COI.4MO"l NAI.l.(CrY
---~-~_._-
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~"""ll[\l •e1~&'..,POPULUS T~("'ULOIOES QUAIUNC -'SPEN "lH'o'V't EUV ..aJ~'.l·
SHRUBS:os CORNVS 5ERIC(A RED TWlC OOGWOOO '0:(CA.tv pm ~----_..
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FINAL PLAT
POTATO PATCH CREEK
A.D,
JOB No,15
._---._--------
---------------•A.D 19 _
DRAWN BY 5.;rn
-
ZonJl'lg AdmTnistrotO;:-
Tow.,of Vall,Colorado
-..----
._---
_.---------------------
approved by the Towr'of Vall Zon '19
dcy of _,
Pot was ftled for reco d II"the Office of t>e Clerk.o.,d Recorder at
o'cloc •on this day of ,
,o'1d dv'y recorded lr Book __,Page No _
ZONING ADMINIS?RA?OR CERTIFICATE.
Town Clerk
Town of Va"Colorado
~hls f nal plot wos
Adml Ii trotor tlJis
AD 19 _
A'Tt5T
re and clear of all liens,taxes 'Jnd encumbrances except as follows
19
I,tfJe undersigned,do ereby cert,fy that the entIre amount of taxes and
ossessments due and payable os 0'_____
upo"01 parcels of reo'estate deSCribed 01"1 this plot ore paid III fvll
Doted thiS _day of AD.•19 __
Cl£~K AND RECORDER'S CERTIFICATE
Clerk and Recorder
By _
Deputy
CERTFICATE OF TAXES PAID
___does her by cert.fy that nave examloed the
fit e to a,lands srowo upo,tn sPat ond thot T ~Ie to such lands is vested I
SURVEYOR'S CERTIFICATE
TITLE CERT~ICATE
Agent
I,Samuel H.Ecker,do hereby certify that I of'"a Registered Land Stlrveyor Ilcen ed
under the lOWS of the State of Colorado,thot this plot IS true,correct and
cOl'Tlplete plot of 'Potato Patch Creek",
asa,d out.plotted,dedicated and hown hereon,that such plot wes mode from
on accurate survey of soid property by me ond under my superviSion and correctly
hows the location arld 'dim "lSlons of the lots,easements ond streets of SOld
subd,vislol"as the sal'Tle are stoked upon the ground in complonce with applicable
egu a"o~s 90vern''1g the subd viSion of lond In w tness whereof I have set my
!'lOne aod seal t'lIS day of __.A.D.19_
Sam.Jel foi.Ecker
olorado P L,S No 30091
------_._-
doted tfJis doy of
was 0 knowledged
by J hr A orr'lt'
2920 Mal'l's Rancr Rood
\.11,Cv 8 657
I'~was <a knowledged
by J 11"T 'Jrr'e
A.D 1 9 _
W
A
ADC~S 2920 Monrs Ro,cl'Rood
Va",<'0 8 657
AD R
ed at,nand wne sh
A.'9
ed otl rod
"l 'Cry vbl
"lc t U l
'e,
1y of
S
ert f ~te of
:lay ,t
ff
ert f
<'jOy
)
rn
C.Ole
ox Ir
I'o:l nd
r~qo
fJl
Jor A
Joor'
ITI
TI'e orego g
Me h
I'<TY (
TA f F
WNE~
be'r
My mMIS In xplres
Wltn my he d "lC ff 0101
be'
tXt C TED tlJl
1(,win '1 ty the e pres t th It J I'A arr e and Jo(]r T Com e
t'''ng sole owners 11 fee s,mple rno:"tgagee or liel"'10lder f all thot re property
tuated Ir'th T wn of Vc agle Cu ,ty,olorodo de c r bed as follows
A tot of lanJ In tne S ~thwest Ol'orter fe tiC 1 6,Tow'1st>P5 South,
Rar'ije 80 West Of It>e 6th PM,onore port ua Iy :lesc'lbed as fOlows
Beginning at a POIr't Or'the $out'1easlerly bo~"dory Of trol Iat of lond
described r'deed re orded '1 Book 26 at Page 58 ~fro~Wt>l h poir't I~e
oL.thwest orr'er of SOld ect Of'6 be r Ov+2 '52'We +ad tance
of •,059 1 fe t,thenc North 62'~1 East 10 94 fee 01 '1g the Saut'lea terly
b ary 0 the t ac'des bed '1 B ok 126 at Page 583't ence
Nortt>"T 10'East 79 0 feet along ~re Sout'1eo terly boundary of the tract
des r :Jed In B 0 126 at Page 58.3,tl'en e North '6'~4 Ea t1C 3 3 'eet
alo,g t'1e Easterly boL.dory of the tra t de r bed II"BOOk 1,,6 ut Page 58 ~
ther'ce NorttJ 14'4'ast 28 2 f e'010 9 tester y boundary of the roct
des r bed B ok 126 at Page 83.t en e Sou I'14'08'Eo t 1 6_.45 feet,
t~ee Sou fJ 0'0 Eos 7458 feet to J pOint,t ence 5 utI'89'55'West
36"f I,I"'l re or sth Tru Pnt Beg nIllng Eo Ie Cour'Y.Colorado
e the dee ded NO ember ,1 9'"Boc 679 at Page 980,Reception
N79
nt r 9 '"c.es l1"or r less h vy t.,ese pre enls Id out,lotted and
.Jbdlv,jed III ae nto ts nd blo s us h wn or ti f'1ol plot vr der the
"0 ead style of "Pot to Pot I'Creek",
a sub VISion In te Towr f Va Courty 'Eagle,and does t>ereby accep the respons bility
for the cOrT'pletlon of requ ed mprovernents,a,d does he-eby dedlcote and set
oport 0 I of to,e pL.bl roods ond other public mprovei""e.,ts c dp aces as show.,
or te ac Ol'Tlpor-ylng p 0+to the use of tre pub c forever and does here:>y
dedi ate t 10 P rt as of said reo prcperty Wt>L"are Ird,c ted as easements on
the a companYI ~':J P:lt as eosel'Tler s for tre p.Jrpose how"here.,;and does hereby
gra,t the right to rstol'ard malrta;')neces ory st uct.Jres to tfJe el"tity responSible
(or oVlding tt>e service br wh,h t'1e eos l1"erts are estoblisl'ed
C Rm CATE 0 DE ICAT ON AND OWNERSHIP
OWNER
<;AE
C N
T
VAlL/POTATO PA~CH
TRACT C
I.l PN II<A
No 26598
SET PIN &CA
Ne 00'
APPROXIMATE LO ATI
OF JTlL Ty EASEMEN
(SEE N TE 8
V~L/POTATO PATCH
SECOND FILING
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THREt.RESIDEN'lAL UNITS
TWO RE:<;IDENllAL UNIT
COMMON ARCEL.ACCESS &
--
A PART OF SECTION 6,TOWNSHIP 5 SOUTH,RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN
TOWN OF VAIL,COUNTY OF EAGLE,STATE OF COLORADO
BUILDING
SETBACK
,
(Jo
8,
roUND PIN &CAP
L <;No 14.362
3.2'FROM COflNffi,
LOT ..
ADRESS
f\
I
'I .0
IV
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TRACT A
074 ACRES
BUILDING
SETBACK
TRACT B
039 ACRES
GENERAL NOTES,
1)DATe Of SURVEY SEPTEIofBER 1999
2)BEARI~GS BASED ON T~E INE CONNECTING ~E MONU"'or
fOUND t.lARKING THE SCUTHWtSTERlY CoPNER Of POTATO PATC~
CREEK AND THE SOUTHWEST CORNER Of SECT ON 6,TOWNSHIP 5
SOUTH,RANCE 80 WEST Of T~E SIXTH PRINCIPAl l.lERIDtAN,BEING
522'52'w (SEE DRAWING)
J)THE SOLE PURPOSE or TItS Pl,>.!IS TO CREATE TRACTS A BAND
C AS S~OW ~EREON
4)THE ~REE J)TRACTS CREATED BY THIS Pl,>.T '>HALL BE
CONSIDERED ONf PARCfL fOR ZONING PURPOSES
5)AU..STRUCTURES OR OBSTRUCTIONS ...UST I.WNTAIN A MINI"'~M
U1STANf.E or flVE fEET fROM "HE EDGE OF THE tMJN DR!VEWAV
6)"OTATO PATCH CREEK IS SUSJEC"'':J TERUS,CONDITIONS,
RESERVATIONS,RESTRICTIONS AND OBliGATIONS AS CONTAINED N
PROTECTIVE COVENAN S RECORDED IMRCH J,1965 IN BOOK '87 A·
PAGE 7
7)POTATO PATC~CREEK IS <;UDJECT TO PROT ClIVE COVENANTS
fOR POTATO PATCH CREEK RECORDED AT RECEPTION
No.
e)THE "\JT1UTY EASE...ENT"SHOWN HEREON DOCS NOT APPEAR TO BE
BASED UPON A LEGAlLY RECORDED DOCU ...ENT ~E LOCATION SHOWN
HEREON IS N'PROXI ...ATE AS IT IS SHOWN ON "HE P~T or VAIL/POTATO
PATCH SECOND flUNG.NO RECORD DOCU ...ENT WAS DUND TO
SUBSTANT ATE ITS EXISTENCE
II)PEAK LAND SURVEYING,INC DID NOT CONDUCT A TITLE SEARCH OF THE
SUBJECT PROPERTY,OR AOJOINERS,TO OET[R ...,NE OWNERSHIP,EASEMENTS
Of'RECORD OR ENC~"'BRANCES RECORD INtDRMATION UTIlIZED N THE
PREPARATION Of THIS fiNAL Pl,>.T PROVIDED BY STEWART TITLE GUARANTY co
ORDER No 99018288,DATED JULV 01,9119 AT 745 A....
10)NOTICE ACCORDING '0 COLORAIDO LAW YOU "'~ST COMUENCE AN<LEGAL ACTION B.tSED
""ON ANY DEtECT IN THIS SvRVEY WITHIN ~REE YEARS AfTER you ,RST oo;covrR
SUCH DEfECT IN NO EVENT,MAV AV(ACTION e.<sED UPON ANY DEtECT IN THIS URVEY
BE COlAUENCED lolORE T-lAN TEN YEARS fROU ~E DATE OF CERTIf'GATION SHOWN HEREON
ARE.A
0.74 ACRE5
039 ACRE:
024 ACRES
FOUND PIN &CAP
LS No 26598
LAND USE 5UMl,AARY
PARCEL
TRACT A
"'"RACT B
'!'RACT C
....10
POTATO
PATCH
tR1Vt
S89°5S'OO"W -336,55'
(S89°S5'W -336 55 REC)
PARCEL TWO
SECOND SUPPLEMENTAL MAP TO
POTATO PATCH CLUB CONDOMINIUMS
FOUND PIN &CAP
~S No 26598
C6
FOU,,"O PIN &CAP
LS No.26598
/
/
(E\~WE~~SE
••;;2
'""
VAIL/POTATO PATCH
TRACTC
TOWNS.P ~SOUTH
BEARING
N35'38'12"E
N35'38'12"E
584'46'49"E
S84'4649"E
564'07'56"W
564'07'56"W
fOUND PIN &CAP
L S.No.26598
18.32'
3079'
3764'
5496'
68.9 .
CHORD
10336'
'10
/
/
/
/POTATO PATCH CLUB CONDOMINIUhfS
/
--I
BEARING
547'08'38"£
N70'40'S1"E
N70'40'51"E
547'08'38"E
S89'24'27"
NOO'35 3 E
NOO'35'33"E
GREENHIll.CT
w COR SEC 6T5S
R 80 W,6th P IA.
LINE TABLE
10
L1 8.39'
L7 1911'
L3 0.00'
L5 30.00'
L6 50,14'
L4 3499'
L2 5014'
UNE LENGTH
TOWN OF VAlL
BOUNOAAY
0.00'
4500
60,00'
15,00'
(IN FEET )
1 Inch •40 ft.
165,00'
RADIUS
13500'
GRAPHIC SCALE
$[e 2 S£C 1
SEC 1 12
L.L-~-L.J.~-L.-J&L__'____"____l ~VlCINI TY MAP
ICJOI]lion.Rldgo '-Sl,;t.J-Il.v.~co ala~7 (Q70)'7~8644o
-c..
Ul-