HomeMy WebLinkAbout2001-12-04 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL
WORK SESSION
TUESDAY, DECEMBER 4, 2001
2:00 P.M. IN TOV COUNCIL CHAMBERS
AGENDA
1. SITE VISIT: Mountain Haus Awning Proposal. (10 min.)
Bill Gibson ITEM/TOPIC: The Mountain Haus proposed front entry feature:
The Mountain Haus and their representatives are requesting this
worksession with the Town Council to ask if the Council, as the
property owner of the East Meadow Drive right-of-way, is receptive
to the concept of a new front entry feature at the Mountain Haus
encroaching onto Town property. If the Council is favorable to the
concept of this proposal, the applicant is requesting direction from
the Council for any design changes or public improvements that will
be required. If the Council is opposed to the concept of this
proposal, then the applicant will withdraw their pending Variance
Request application. (30 min.)
ACTION REQUESTED OF COUNCIL:
To give the Mountain Haus and their representatives further
direction on this matter.
BACKGROUND RATIONALE:
In the fall of 2000, the Mountain Haus, located at 292 East Meadow
Drive/Lot 5, Part of Tract B, Vail Village 1St Filing, proposed to
construct a new front entry feature at their north entrance along
East Meadow Drive. Since the Mountain Haus is proposing to
construct a significant portion of their new front entry feature on
Town of Vail property (i.e. the East Meadow Drive right-of-way),
Town Council permission is required. At its Tuesday, October 20,
2000 meeting, the Town Council granted the applicant permission
to proceed through the development review process.
At its November 7, 2001 public hearing, the Town of Vail Design
Review Board approved, with conditions, the proposed new front
entry feature at the Mountain Haus. The Design Review Board's
approval is contingent upon the Planning and Environmental
Commission's approval of a setback variance. The Planning and
Environmental Commission reviewed the setback variance request
for the proposed front entry feature at its November 12, 2001 public
hearing. The majority of the Commissioners were not supportive of
the setback variance request. Some of the Commissioner's
concerns including the following: that construction of the proposed
entry feature would worsen an already dangerous traffic situation
on East Meadow Drive, that approval of this variance would be a
grant of special privilege, that the proposed entry feature needs to
be part of a comprehensive development plan for the site, and that
the Town should receive some public benefits for allowing the
Mountain Haus the use of public property. At the applicant's
request, this item was tabled for further discussion to the December
10, 2001 Planning and Environmental Commission's public hearing.
STAFF RECOMMENDATION:
The Community Development Department recommends that the
Town Council give the Mountain Haus and their representatives
further direction on this matter.
2. ITEM/TOPIC: Planning and Environmental Commission (PEC)
Interviews (2). (15 min.)
3. ITEM/TOPIC: Vail Bike Taxi Presentation. (10 min.)
Adam Palmer
ACTION REQUESTED OF COUNCIL: Approval of Business with
Presentation of Operating Plan.
4. ITEM/TOPIC:
i. Committee Appointments: (1 hour)
a. Northwest Colorado Council of Governments
Board.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as the Board Member on NWCCOG. Although in the
past there has been an alternate for this position, for the past
four years there has not. After discussion of this item, a
motion should be made as follows: "I move that
be appointed as the representative of the Vail Town Council
on the Northwest Colorado Council of Governments Board of
Directors." The motion should be seconded and voted by
the Council. The appointment of the Alternate, if needed,
will be similar.
Sybill has served for the past 8 years and would like to
encourage Council to appoint another Council member. As
well, NWCCOG has asked that Sybill remain on their board
as a representative for Vail through the end of the year.
VOTING MEMBER. COUNCIL DISCRETION.
b. Water Quality/Quantity Committee/NWCCOG
Member.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as the Council's representative on this committee.
Although in the past there has been an alternate for this
position, for the past four years there has not. After
discussion of this item, a motion should be made as follows:
"I move,that be appointed as the representative
of the Vail Town Council on the Appointment Committee to
Quality/Quantity Committee/ NWCCOG." The motion should
be seconded and voted by the Council. The appointment of
the Apprentice, if needed, will be similar. VOTING
MEMBER. COUNCIL DISCRETION.
C. Vail Valley Tourism & Convention Bureau.
ACTION REQUESTED OF COUNCIL: Rod Slifer has served
as the Board Member on the VVT&CB Board. Greg Moffet
has served as the Alternate. After discussion of this item, a
motion should be made as follows: "I move that
be appointed as the representative of the Vail Town Council
on the Vail Valley Tourism & Convention Bureau Board of
Directors." The motion should be seconded and voted by
the Council. The appointment of the Alternate will be similar.
A Town Council member is required in the bylaws. Meetings
are held the third Wednesday of every other month,
approximate hours 8:30 a.m. - 10:30 a.m. The time
commitment is 2 to 3 hours every other month. With the
current merger of the VVTCB and the WCC underway, this
appointment may not be of long tenure. VOTING MEMBER.
d. Colorado Association of Ski Towns (CAST)
Member and Alternate.
ACTION REQUESTED OF COUNCIL: Ludwig Kurz, Greg
Moffet and Bob McLaurin have served on CAST. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council for the Colorado Association of Ski
Towns." The motion should be seconded and voted by the
Council.
Meetings are held every other month around the state.
There is no set date or time limit. The Mayor should serve
on this, with the Town Manager. VOTING MEMBER.
e. Vail Recreation District/Town Council
Subcommittee
ACTION REQUESTED OF COUNCIL: Diana Donovan and
Kevin Foley have served as Town Council representatives
on this committee. After discussion of this item, a motion
should be made as follows: "I move that and
be appointed to represent the Vail Town Council on
the VRD/Town Council Committee." The motion should be
seconded and voted on by the Council.
Meetings are held on the second Tuesday of the month at
9:00 a.m. at the Vail Golf Course - Krueger Room. A
Council member should sit on this committee. ADVISORY
MEMBER.
f. Special Events Committee.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as Town Council representatives on this committee,
with Greg Moffet "shadowing" since January. After
discussion of this item, a motion should be made as follows:
"I move that be appointed to represent the Vail
Town Council on the Special Events Committee." The
motion should be seconded and voted on by the Council.
Meetings are held as needed. The meetings run about two
hours. Greg Moffet would like to continue on this committee.
However, Greg would like Council members to alternate on a
monthly basis. VOTING MEMBER. COUNCIL
DISCRETION.
g. Bravo! Colorado Board.
ACTION REQUESTED OF COUNCIL: Rod Slifer and Kevin
Foley (alternate) have served as Town Council
representatives on this board. After discussion of this item,
a motion should be made as follows: "I move that
and be appointed to represent the Vail
Town Council on the Bravo! Colorado Board." The motion
should be seconded and voted on by the Council.
This board meets quarterly for 2 to 3 hours and a Council
member is required. VOTING MEMBER. COUNCIL
DISCRETION.
h. Town of Vail Housing Authority.
ACTION REQUESTED OF COUNCIL: Chuck Ogilby is
serving a three-year term as the Council's representative on
the Authority (expires in 2004). After discussion of this item,
a motion should be made as follows: "I move that
be appointed as the representative of the Vail
Town Council on the Vail Housing Authority." The motion
should be seconded and voted by the Council. The
appointment of the Alternate will be similar.
Meetings generally are held once a quarter within a one hour
time frame. There is the potential for more time when there
are special projects. VOTING MEMBER PER STATE
LEGISLATION.
i. Channel 5 Vail Valley Community Television
Board.
ACTION REQUESTED OF COUNCIL: Ludwig Kurz has
served as the Council's representative on this board. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Channel 5 Vail Valley
Community Television Board." The motion should be
seconded and voted by the Council. VOTING MEMBER.
COUNCIL DISCRETION.
Meetings are held the first Tuesday of every month at 7:00
a.m.
j. Art In Public Places (AIPP).
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as the board's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Art In Public
Places board." The motion should be seconded and voted
by the Council. VOTING MEMBER REQUIRED BY TOV
ORDINANCE.
Meetings are held the second and fourth Thursday of each
month with meetings generally from 8:30 a.m. to 10:00 a.m.
A Council member is required by ordinance.
k. Mauri Nottingham Environmental Award.
ACTION REQUESTED OF COUNCIL: Diana Donovan and
Chuck Ogilby have served as the Council's representatives
on this committee. After discussion of this item, a motion
should be made as follows: "I move that be
appointed as the representative of the Vail Town Council on
the Mauri Nottingham Environmental Award Committee."
The motion should be seconded and voted by the Council.
Meetings are held annually. Award to be given at Street
Beat Concert January 2, 2002. Committee meeting on Dec.
15th. Council member is required. VOTING MEMBER.
COUNCIL DISCRETION.
1. Vail Valley Exchange/Sister Cities.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as Town Council representatives on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Vail Valley
Exchange Committee." The motion should be seconded and
voted by the Council.
Meetings are held randomly throughout the year. A Council
member is required. VOTING MEMBER. COUNCIL
DISCRETION.
M. Eagle County Regional Transportation Authority.
ACTION REQUESTED OF COUNCIL: Kevin Foley has
served as Town Council representative and chairman on this
authority. After discussion of this item, a motion should be
made as follows: "I move that be appointed as the
representative of the Vail Town Council on the Regional
Transportation Authority." The motion should be seconded
and voted by the Council. The appointment of the Alternate
will be similar. VOTING MEMBER REQUIRED BY STATE
LEGISLATION.
n. Ford Park Management Plan.
ACTION REQUESTED OF COUNCIL: Kevin Foley has
served as the Council's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Ford Park
Management Plan Committee." The motion should be
seconded and voted by the Council.
Through the approved Ford Park Management Plan,
quarterly meetings have been set. A Council member's
presence would be appreciated, but is not required. Pam
Brandmeyer serves as staff.
ADVISORY MEMBER. COUNCIL DISCRETION.
o. Vail Valley Chamber of Commerce (VVCC).
ACTION REQUESTED OF COUNCIL: Greg Moffet has
served as the Council's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Chamber
Committee." The motion should be seconded and voted by
the Council.
The Chamber meets the third Friday of each month. With
the current merger underway (see Item e), this tenure may
be of brief duration. VOTING MEMBER. COUNCIL
DISCRETION.
p. Open Space/Charter Committee.
ACTION REQUESTED OF COUNCIL: Sybill Navas has
served as the Council's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Open Space
Committee." The motion should be seconded and voted by
the Council. VOTING MEMBER REQUIRED BY TOV
CHARTER.
q. Colorado Ski Museum and Ski Hall of Fame.
Ludwig Kurz has served as the Council's representative on
this committee. After discussion of this item, a motion should
be made as follows: "I move that be appointed
as the representative of the Vail Town Council on the
Colorado Ski Museum and Ski Hall of Fame." The motion
should be seconded and voted by the Council. ADVISORY
MEMBER. COUNCIL DISCRETION.
r. Vail Youth Recognition/Ambassador Award. Sybill
Navas has served as the Council's representative on this
committee. After discussion of this item, a motion should be
made as follows: "I move that be appointed as
the representative of the Vail Town Council on the Vail Youth
Recognition Award committee." The motion should be
seconded and voted by the Council.
This committee gets together once a year to determine the
award recipient. VOTING MEMBER. COUNCIL
DISCRETION.
S. Vail Alpine Garden Foundation Board. Town of
Vail staff member Todd Oppenheimer has served as the
Council's representative on this board. The board meets on
the third Friday of every other month. After discussion of this
item, a motion should be made as follows: "I move that
be appointed as the representative of the Vail
Town Council on the Vail Alpine Garden Foundation Board."
The motion should be seconded and voted by the Council.
ADVISORY MEMBER. COUNCIL DISCRETION.
t. Colorado Alliance for a Rapid Transit Solution
(CARTS). This board meets as scheduled. Kevin Foley
served as the Council representative and Greg Hall as staff
representative. Meetings held as needed. After discussion
of this item, a motion should be made as follows: "I move
that be appointed as the representative of the
Vail Town Council on the Colorado Alliance for a Rapid
Transit Solution (CARTS) Board." The motion should be
seconded and voted by the Council. VOTING MEMBER.
COUNCIL DISCRETION.
U. Vail Local Marketing District Advisory Board.
Greg Moffet served on this board. One member should be
appointed, and this member should be different from the
Special Events Committee. As well, schedule "circulating
member participation" by all other councilmembers on a
monthly basis so all Councilmembers have some degree of
exposure to the process by which this board operates. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Vail Local Marketing District
Advisory Board." The motion should be seconded and voted
by the Council. VOTING MEMBER REQUIRED BY
VLMD BOARD OF DIRECTORS.
V. Vail Chamber and Business Association (VCBA)
Board. Sybil[ served on this board in an advisory capacity.
The board meets the second Tuesday of each month. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Vail Chamber and Business
Association Board." The motion should be seconded and
voted by the Council.
VOTING MEMBER. COUNCIL DISCRETION.
W. Parking Task Force. Ludwig Kurz and Greg Moffet
currently serve on this board. The meetings are held as
needed, approximately 6-8 meeting per year. After
discussion of this item, a motion should be made as follows:
"I move that be appointed as the representative
of the Vail Town Council on the Parking Task Force." The
motion should be seconded and voted by the Council.
ADVISORY. COUNCIL DISCRETION.
X. Eagle County Capital Projects Advisory Board.
Greg Moffet currently serves on this board. Meetings are
held approximately twice/year. After discussion of this item,
a motion should be made as follows: "I move that
be appointed as the representative of the Vail
Town Council on the Eagle County Capital Projects Advisory
Board." The motion should be seconded and voted by the
Council. ADVISORY. COUNCIL DISCRETION.
Y. Vail Child Care Center.
ACTION REQUESTED OF COUNCIL: Greg Moffet has
served as the Council's representative on this committee.
After discussion of this item, a motion should be made as
follows: "I move that be appointed as the
representative of the Vail Town Council on the Vail Child
Care Center." The motion should be seconded and voted by
the Council. VOTING MEMBER REQUIRED BY NON-
PROFIT STATUS.
5. Information Update (5 min.)
6. Matters from Mayor and Council (5 min.)
7. Executive Session - Land Negotiations C.R.S. 24-6-402(4)(a) and
Legal Updates C.R.S. 24-6-402(4)(b). (45 min.)
8. Adjournment. (5:00 P.M.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, DECEMBER 18, 2001, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, DECEMBER 18, 2001, 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 TDD for information.
Memorandum
To: Vail Town Council
From: Bill Gibson, Community Development Department
Date: December 4, 2001
Re: Mountain Haus proposed front entry feature
REQUEST
The Mountain Haus and their representatives are requesting this worksession with the
Town Council to ask if the Council, as the property owner of the East Meadow Drive
right-of-way, is receptive to the concept of a new front entry feature at the Mountain
Haus encroaching onto Town property. If the Council is favorable to the concept of this
proposal, the applicant is requesting direction from the Council for any design changes
or public improvements that will be required. If the Council is opposed to the concept of
this. proposal, then the applicant will withdraw their pending Variance Request
application. The purpose of this worksession is not for the Council to review or discuss
the applicant's Variance Request, but to discuss the concept of their proposal as the
property owner of the Meadow Drive right-of-way.
BACKGROUND RATIONALE
In the fall of 2000, the Mountain Haus, located at 292 East Meadow Drive/Lot 5, Part of
Tract B,. Vail Village 1s' Filing, proposed to construct a new front entry feature at their
north entrance along East Meadow Drive. This proposal included discussions with Town
Staff about a joint venture between the Mountain Haus and the Town of Vail to make
streetscape improvements to East Meadow Drive. It was determined that the
streetscape improvements at this location would not be a high priority in the Town's
Capital Improvements Program at that time, so the Mountain Haus decided to proceed
with a proposal for a new front entry feature and abandon proposals for joint effort
streetscape improvements.
Since the Mountain Haus is proposing to construct a significant portion of their new front
entry feature on Town of Vail property (i.e. the East Meadow Drive right-of-way), Town
Council permission is required. At its Tuesday, October 20, 2000 meeting, the Town
Council granted the applicant permission to proceed through the development review
process.
At its November 7, 2001 public hearing, the Town of Vail Design Review Board
approved, with conditions, the proposed new front entry feature at the Mountain Haus.
The Design Review Board's approval is contingent upon the Planning and
Environmental Commission's approval of a setback variance. The Planning and
Environmental Commission reviewed the setback variance request for the proposed
front entry feature at its November 12, 2001 public hearing. The majority of the
Commissioners were not supportive of the setback variance request. Some of the
Commissioner's concerns including the following: that construction of the proposed entry
feature would worsen an already dangerous traffic situation on East Meadow Drive, that
approval of this variance would be a grant of special privilege, that the proposed entry
feature needs to be part of a comprehensive development plan for the site, and that the
Town should receive some public benefits for allowing the Mountain Haus the use of
public property. At the applicant's request, this item was tabled for further discussion to
the December 10, 2001 Planning and Environmental Commission's public hearing.
Since the November 12, 2001 Planning and Environmental Commission public hearing,
the Mountain Haus and their representatives have met with Town Staff to discuss
revisions to their proposal. The Mountain Haus and their representatives are in the
process of revising their proposal to address the Design Review Board's required design
modifications and the Planning and Environmental Commission's concerns about traffic
flow and public benefits. The Mountain Haus is proposing to relocate their existing
loading area from its current location at the front of their building entrance doors to the
east of the existing entrance. The existing loading area does not meet the Town's
minimum engineering standards for a 3-point turnaround, however, by relocating the
loading area to the east these minimum engineering standards can be met. The
Mountain Haus has also indicated that they are willing to make improvements to the
pedestrian path along the north side of Meadow Drive. These improvements would
include replacing the existing concrete sidewalk with a snow-melted brick paver walk
from the bus stop east to the eastern property boundary of the Mountain Haus or the
tunnel entrance of the parking structure.
STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council give the
Mountain Haus and their representatives further direction on this matter.
ATTACHMENTS
A copy of the November 12, 2001 Planning and Environmental Commission staff
memorandum and meeting minutes have been attached for reference.
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: November 12, 2001
SUBJECT: A request for a variance from Sections 12-7A-9 (Site Coverage) and 12-7A-6
(Setbacks), Vail Town Code, to allow for the construction of a new front entry
feature at the Mountain Haus, located at 292 East Meadow Drive/Lot 5, Part
of Tract B, Vail Village 1" Filing.
Applicant: Mountain Haus Condominium Association
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
The applicant, Mountain Haus Condominium Association, represented by Fritzlen Pierce
Architects is requesting a variance from Section 12-7A-6 (Setbacks), Vail Town Code, to allow
for the construction of a new front entry feature at the Mountain Haus, located at-292 East
Meadow Drive/Lot 5, Part of Tract B, Vail Village 1St Filing. The proposed new front entry
feature will replace the existing canvas awning located on the north side of the Mountain Haus
building along Meadow Drive. The proposed new front entry feature will consist of a
cantilevered timber canopy with gables and pitched roofs. A copy of the applicant's written
statement has been attached for reference. A copy of the proposed and existing site plans,
proposed demolition plan, existing and proposed elevations, proposed roof/ceiling plans, and
proposed sections have been attached for reference.
The existing Mountain Haus building was constructed prior to the adoption of the Town of Vail's
current Zoning Regulations and Development Standards, and is therefore legally non-
conforming in regard to many of the Town's regulations. According to the Official Town of Vail
Zoning Map, the Mountain Haus is located within the Public Accommodation Zone District.
In accordance with Section 12-7A-6, Vail Town Code, the minimum required front, side, and
rear setbacks in the Public Accommodation Zone District are 20 feet. Portions of the existing
Mountain Haus building encroach into all four required setbacks, and in various locations the
existing building extends past the limits of the property lines. The construction of the proposed
new entry feature will slightly increase the non-conformity of the Mountain Haus building in
regard to setbacks; therefore a variance from Section 12-7A-6 (Setbacks), Vail Town Code, is
required.
The existing Mountain Haus building is also legally non-conforming in regard to site coverage
as required by Section 12-7A-9, Vail Town Code. Section 12-2-2, Vail Town Code, defines
SITE COVERAGE as "...shall include any portion of a roof overhang, eaves, or covered stair,
covered deck, covered porch, covered terrace or covered patio that extend more than four feet
(4) from the exterior face of the perimeter building walls or supporting columns." Since the
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TOWN VF
portion of the proposed front entry feature that is defined as site coverage is located within the
East Meadow Drive right-of-way and not within the limits of the Mountain Haus property, a site
coverage variance is not required.
A significant portion of the proposed front entry feature will be located within the Town of Vail's
East Meadow Drive street right-of-way. If approved, the applicant will be required to execute
an easement agreement with the Town of Vail.
II. BACKGROUND
In the fall of 2000, the Mountain Haus proposed to construct a similar front entry feature at their
north entrance along East Meadow Drive. This proposal included discussions of a joint venture
between the Mountain Haus and the Town of Vail to make streetscape improvements to East
Meadow Drive. It was determined that streetscape improvement to East Meadow Drive would
not be a high priority in the Town's Capital Improvements Program at that time, so the Mountain
Haus has decided to proceed with a proposal for a new front entry feature and abandon
proposals for joint effort streetscape improvements.
Since the Mountain Haus is proposing to construct a significant portion of their new front entry
feature on Town of Vail property (i.e. the East Meadow Drive right-of-way), Town Council
permission is required. Upon hearing the applicant's previous request at its Tuesday, October
20, 2000 meeting, the Town Council granted the applicant permission to proceed through the
planning process.
At its November 7, 2001 public hearing, the Town of Vail Design Review Board approved, with
conditions, the proposed new front entry feature at the Mountain Haus. The Design Review
Board's approval is contingent upon the Planning and Environmental Commission's approval
of this setback variance request. If the Planning and Environmental Commission decides. to
deny this variance request, then the Design Review Board's approval of this proposed new front
entry feature will be null and void.
III. STAFF RECOMMENDATION
The Community Development Department recommends approval of the requested setback
variances subject to the following findings:
1. That the granting of the setback variances does not constitute a grant of special
privilege inconsistent with the limitations on other properties in the Public
Accommodation Zone District.
2. That the strict literal interpretation or enforcement of the setback regulations results in
a practical difficulty or unnecessary physical hardship inconsistent with the development
objectives of the Municipal Code or the Public. Accommodation Zone District.
3. There are exceptions or extraordinary circumstances or conditions applicable to the
applicant's property that do not apply generally to other properties in the Public
Accommodation Zone District.
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Should the PEC choose to approve this variance request, the Community Development
Department recommends the following condition:
1. That the applicant execute an easement agreement with the Town of Vail prior to the
issuance of building permits.
IV. REVIEWING BOARD ROLES
The PEC is responsible for evaluatinq a proposal for:
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. .
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic.facilities, public facilities and utilities, and public safety.
4. Such other factors and criteria as the Commission deems applicable to the proposed
variance.
Desiqn Review Board:
Action: The DRB has NO review authority on a variance, but must review any
accompanying DRB application.
The DRB is responsible for evaluating the DRB proposal for:
- Architectural compatibility with other structures, the land and surroundings
- Fitting buildings into landscape
- Configuration of building and grading of a site which respects the topography
- Removal/Preservation of trees and native vegetation
- Adequate provision for snow storage on-site
- Acceptability of building materials and colors
- Acceptability of roof elements, eaves, overhangs, and other building forms
- Provision of landscape and drainage
- Provision of fencing, walls, and accessory structures
- Circulation and access to a site including parking,,and site distances
- Location and design of satellite dishes
- Provision of outdoor lighting
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V. ZONING STATISTICS
Lot Size: 21,610 sq.ft. (0.496 acres)
Zoning: Public Accommodation
Develooment-Standard Allowed/Reauired Existing Proposed
Setbacks:
Front: 20 ft. 0 ft. Infill 1 ft.
Sides: 20 ft. 0 ft. No Change
Rear: 20 ft. 0 ft. No Change
Site Coverage: 14,047 sq.ft. (65%) 17,909 sq.ft. (83%) No Change
VI. CRITERIA AND FINDINGS
A. Consideration of Factors Reaardina the Setback Variances:.
1'. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Staff does not believe that there will be any negative impacts associated with
this proposal on the above-listed criteria.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the'vicinity or
to attain the objectives of this title without a grant of special privilege.
Staff believes the applicant has requested the minimum amount of relief from
the strict and literal interpretation and enforcement of the setback regulations
necessary to achieve compatibility and uniformity among sites in the vicinity
of the Mountain Haus and within the Public Accommodation Zone District.
Staff believes the additional encroachment into the required setback is
warranted and will not.result in a special privilege as the Mountain Haus was
constructed prior to zoning. The relationship of the existing structure to the
current development standards prohibits the applicant from ever constructing
improvements to the building without a variance. Staff believes this to be an
extraordinary circumstance or exceptional condition.
Staff does not believe this proposal will constitute a grant of special privilege.
Staff also does not believe that there will be any negative impacts associated
with this proposal on the above-listed criteria
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3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
The proposed new entry feature at the Mountain Haus will comply with all
Town of Vail Public Works Department standards to minimize any effects to
pedestrian and vehicular circulation, snow.removal, drainage, etc. within the
East Meadow Drive right-of-way.
Staff does not believe that this proposal will have negative impacts associated
with the above-listed criteria.
B. The Plannino and Environmental Commission shall make the followina findinas before
arantina a variance:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same
district.
2. That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally
to other properties in the same zone.
C. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
5 •
Lynn i-ritzlen,AlA, i[e FRITZLEN PIERCE ARCHITECTS
:%Villiam F. Pieri:c,Arcrr:hiCect
Thornas R. Du Bois; Architect VAIL, COLORADO
5t.ephanie, Lord-Iohnson, .Architect
David Baum, Architect
Kathy Heslinga, i usiness Manat.,er
October 12, 2001
Mountain Haus New Front Entry
Site Coverage and Set Back Variance
Mountain Haus Front Entry
Property:
292 E. Meadow Drive
Lot 5, Part of Tract B, Vail Village 1" Filing
Zoning:
Public Accommodation District
Site Coverage Variance (12-7A-9 and 18.22.110)
Non conforming existing condition
Required: Shall not exceed 55% of total site area
Existing : 83%
Proposed: 83% - Infill a 1' deep strip between the property line and the building
Set Back Variance (12-7a-6 and 18.22.060)
Non-conforming existing condition
Required: Minimum front, side, and rear setback shall be 20'-0"
Existing: Zero (The north elevation ranges from xxx' to xxx' off the property
lines
Proposed: Zero - Infill 1" of between property line and existing north elevation.
The majority of the proposed Entry Structure is on TOV property
Description of Request:
Site Coverage and Set Back Variance
On the behalf of the Mountain Haus Condominium Association, we are requesting a
site coverage and set back variance to construct a new front (north) entry along East
Meadow Drive. The support columns and roof would be on TOV property. There is
currently a canvas canopy in this location. The proposed structure would cantilever
out approximately 20' from the face of the existing building. Additionally, two
columns would be positioned approximately 2' out from the building face to support
the new roof. Improvements to existing paving, landscaping beds, and landscaping
walls are also proposed. See attached plans. As with the entry structure, the majority
of these improvements are proposed on TOV land.
FRITZLEN 1650 East Vail Val'iev Drive. Fallridge C-'I;
P I E R C E Vail.Ci.lc: tic ,~.7
iorado 3-1657
9-70.4 ; 6.634.1
F: 97C).4/6.490"!
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FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
Special Circumstances/Physical Hardship
Relief From Strict and.Literal Interpretation
The facility was constructed in 1969 when the current codes and zoning
requirements were not applicable. Due to the existing building and property lines,
there is little room for the Mountain Haus to improve their entry way without
extending out over the property line. Both the existing site coverage and set back
requirements are existing non conforming conditions.
Adjacent properties (Vail Athletic Club and the Austria Haus) have both pursued
extensive exterior remodels and/or "tear-down/rebuilds" because the existing
conditions did not provide opportunity to improve without extensive variances. The
Mountain Haus is structurally sound and a "tear down/rebuild" would not be fiscally
wise. However, improving function and aesthetic to bring the facility into the next
decade is still a goal. Additionally, the Mountain Haus would like to match the
quality of buildings that are along East Meadow Drive.
The existing mass and height of the Mountain Haus is difficult to minimize without
attaching scaled-down elements and building up to and extending out over the
property line. Therefore, any renovation/improvement that the Mountain Haus
proposes will most likely encroach on TOV land. This provides the TOV with an
opportunity to encourage development that meets TOV objectives and requirements.
Compatibility with adjacent uses/Harmony Maintained
The new entry structure is design to complement the West Entry structure that was
completed with Slifer Plaza Renovation. The architecture ties into the Vail vernacular
of heavy timber and stone structures. Additionally, the Mountain Haus is proposing
to improve the landscaping along East Meadow Drive. Snowmelting the sidewalk and
paving the sidewalk is also proposed in a TOV joint venture type of project.
Effect of the variance
The public safety is improved by providing clearer direction, lighting and snowmelt
into the facility. The new entrance is an "open-air" structure and should not have any
impact on light and air. Please note, the Mountain Haus would still be interested in
pursuing options to address the traffic congestion problem that was identified a year
ago.
Compliance with Vails Comprehensive Plan
Coal 1.2 - Upgrading buildings - Encourage the continued upgrading and
enhancement of existing lodging and commercial facilities.
The Mountain Haus Front Entry improves the aesthetic of the Mountain Haus by
adding visual interest, detail, a variety of wood stone and metal materials, and by
FRITZLEN I fs0 East Vail Valley Drive, Fa litiiT-, C- I
.
P I E R C E Vail, C _ilcr'zrdc 6 .
,
P- 9-70.476.6342
•.~~,hw.vailarchit:nia.rom
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
adding a more human scale to the Front Entry. The West Entry that was constructed
with the TOV Slifer Plaza project has been well received by both patrons and the
publicl. The intent is to add the same quality of construction to East Meadow Drive.
Goal 1.3 - Enhance new development and redevelopment through public
improvements done by private developers working in corporation with the Town
Mountain Haus and the TOV worked very successfully on the West Entry at the
Mountain Haus. The Vail Athletic Club is working on improving their property and
some TOV property along East Meadow Drive. The Mountain Haus would again like
to participate with improvements will there is already on-going construction proposed
for the area.
Coal 2.5 - Encourage the continued upgrading, renovation and maintenance of existing
lodging and commercial facilities to better service the needs of our guests.
The Mountain Haus has been working on their long term goals to improve quest
comfort, safety, and aesthetics at the Mountain Haus. The West Entry was very
successfully in those terms. The Front Entry and proposed site improvements are
intended to provided the same benefits to the public and Mountain Haus patrons
along East Meadow Drive
FRITZLEN 650 East Vail Valley Drive, Fal'ridge I
P I E R C E `ail, Colorado 81657
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PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING SCHEDULE
Monday, November 12, 2001
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT MEMBERS ABSENT
Galen Aasland
Chas Bernhardt
Diane Golden
John Schofield
Brian Doyon
Doug Cahill
Dick Cleveland
Site Visits : 12:45 pm
1. Hagerman residence -1784 & 1794 S. Frontage Rd. West
2. Cohen residence -1467 Greenhill Court
3. Lions Square Lodge - 660 West Lionshead Place
4. Mountain Haus - 292 E. Meadow Drive
5. Parks residence - 4166 Columbine Drive
Driver: Brent
~a
NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
Public Hearina - Town Council Chambers 2:00 pm
1. A request for a major amendment to Special Development District No. 6, to allow for the
conversion of accommodation units into employee housing units and a request for a
conditional use permit, to allow for Type III employee housing units, located at the Vail
Village Inn, 100 East Meadow Drive/Lots M,N and O, Block 5D, Vail Village 1St Filing.
Applicant: Daymer Corporation
Planner: Allison Ochs
Allison Ochs presented an overview of the staff memorandum.
Connie Dorsey indicated that the existing building does not have a sprinkler system, only
smoke detectors. He also indicated that the units will have microwaves for cooking and that
62 rooms are available for rent. He said that there will be 56 units (beds), since some
rooms will consist of joint rooms for a single tenant. He also indicated that there are 50
exterior and 42 interior parking spaces available.
Allison Ochs indicated that sufficient parking is available.
TOWN O WAIL
1
Connie Dorsey clarified that the parking spaces specifically reserved for.Craig's Market are
not counted as part of the available spaces.
Doug Cahill questioned if any of the rooms will be used for common areas or facilities.
Connie Dorsey indicated that no common areas are being proposed.
Galen Aasland expressed concern about the electrical system and fire safety of the building.
Joe Stauffer replied that the entire building was rewired as part of an addition in 1978. He
indicated that he is a property owner in each phase of the project and that the owners
agreed a filled building is better than a vacant building.
Dick Cleveland agreed that people should be in the units, rather than having the building be
empty. He said he would like to see a 56-unit maximum placed on the proposal.
Bryan Doyon agreed to a maximum of 56 units, but wants to be sure that the Type III EHU
standards are being met and if the square footage for units does not meet the minimum
sizes, a dormitory design should be used.
Chas Bernhardt had no additional comments.
Doug Cahill recommended a one-year limit with follow-up Fire Department inspection.
Diane Golden asked what assurances are being taken to ensure that parts of rooms are not
going to be sublet. She also indicated a concern about parking in front of Craig's Market.
Connie Dorsey indicated that this will be controlled by the lease agreement and that
approximately 30% of the tenants don't have cars.
Galen Aasland indicated that his greatest concern is for life safety.
John Schofield motioned to approve the amendment to the SDD, in accordance with the
staff memo.
The motion was seconded by Chas Bernhardt.
The motion passed by a vote of 7-0.
John Schofield motioned to approve the conditional use permit, in accordance with the staff
memo.
2. A request for a variance from Section 12-7H-10 (Setbacks), Vail Town Code, at the Lion's
Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead 1" Filing.
Applicant: Lion's Square Lodge
Planner: Bill Gibson
TABLED UNTIL NOVEMBER 26, 2001
3. A request for a variance from Sections 12-7A-9 (Site Coverage) and 12-7A-6 (Setbacks),
Vail Town Code, to allow for the construction of a new front entry feature at the Mountain
Haus, located at 292 E. Meadow Drive/Lot 5, Part of Tract B, Vail Village 1" Filing.
Applicant: Mountain Haus, represented by Fritzlen Pierce Architects
2
. Planner: Bill Gibson
Bill Gibson gave a staff presentation and stated that the purpose of the project is to create
an entrance statement on the front of the building and conditions included that an
easement, or a revocable right away be created.
Tom Debois, an architect from Fritlzen Pierce Architects, represented the applicant and
there was no presentation by the applicant.
Doug Cahill asked about the relationship of posts to support the awning in relationship to
the right-of-way and whether there would be heated pavers.
Tom Debois said there would be heated pavers.
The PEC then.discussed, with the applicant, how guests currently park to check in and how
loading and delivery works on the site.
Doug Cahill stated that the overhang will further reduce parking and loading and delivery on
the site.
Stephanie Lord Johnson, also of Fritzlen Pierce, stated the applicant wanted to do an
entrance in conjunction with other public road improvements to improve vehicular and
pedestrian access.
John Schofield stated he was opposed to the use of public land to resolve the Mt. Bell
problem and felt that the proposal would reduce safety on the site. John thought this would
be a grant of special privilege.
Diane Golden said that the entrance on the west side looks great, but was afraid that the
proposal would create an unsafe condition.
Dick Cleveland stated that the proposal would be detrimental to the safety of the site and
believes that this should not move forward until the Town and the Vail Mountain Lodge
move forward.
Brian Doyon agreed with Dick Cleveland, but was concerned with how the Mountain House
is piecing the project together. He also agreed that this needs to be part of a
comprehensive plan for the site.
Chas Bernhardt asked what Greg Hall comments were on the site.
Bill Gibson reviewed Greg Hall comments.
Chas Bernhardt is opposed until Greg is completely satisfied with the proposal and
recommended tabling the project until all safety issues can be resolved with Public Works.
Galen Aasland agreed with Brian's comments that the project is piece-mealed. He said he
liked the idea of a cantilevered cover, but he was concerned that there would be increased
safety issues on the site.
Stephanie Lord Johnson stated that she believed she was headed towards a denial. She
asked if the PEC would consider tabling the application until some of these issues have
been resolved with Greg Hall. She stated that there is no overall master plan for the site,
that the Mountain Haus has approached improvements in a different way. She stated that
Public Works has stated that the public improvements they originally proposed were not
3
acceptable by Public Works. She believed that they are in a Catch-22.
John Schofield stated that they are in a Catch-22 and that because the building is located
so close to the property, this is a difficult site.
Brian Doyon stated that this problem has arisen because this project is so maxed out on the
site and stated that his primary concern is the safety.
Galen Aasland stated that if they would like to table the item, they would reconsider the
project.
Dick Cleveland stated that this is a tough circumstance and there may not be an easy
solution. He then made a motion to table this to the first meeting in December.
Chas Bernhardt seconded the motion.
The motion passed by a vote of 6-1, with John Schofield opposed.
4. A request for a variance from Section 12-6D-5 (Lot Area and Site Dimensions), Vail Town
Code, a minor subdivision of Lots 2 & 3, Vail Village West, Filing No. 2, to relocate a
common property line and a rezoning of Lot 3, Vail Village West, Filing No.2, from Two-
Family Primary/Secondary Zone District to Single-Family Zone District and setting forth
details in regard thereto, located at 1784 & 1794 South Frontage Road West/Lots 2 & 3 Vail
Village West, Filing No. 2.
Applicant: Philip Hagerman/Allison Ochs
Planner: George Ruther
Allison Ochs gave a presentation of the requests and reviewed the criteria for the requests.
The applicant, Phil Hagerman, thanked staff for their help. He commented that the site has
challenges with the floodplain.
There was no public comments.
Dick Cleveland had concerns about changing the size of the lot in relationship to the bike
path.
Mr. Hagerman believes that he can safely create a 30-foot buffer from the bike path. He
believes that the site distance is fine and will allow safe egress onto the Frontage Rd and
across the bike road and also that the driveway would also be flat to improve safety.
Dick Cleveland asked if the reason for the proposal is to create a bigger home.
Mr. Haggerman said he would like to create a house that is consistent with Vail.
Dick Cleveland said he was concerned about adding additional floor area, but overall said
he feels that this application would increase the conformance of the lot and would also
reduce the density.of the site.
Brian Doyon asked Allison about the development potential today, versus the proposal.
Chas Bernhardt generally supported the proposal.
Doug Cahill also supported the proposal, but had questions regarding the bike path.
4
w t4- q-61
Ott
303 Gore Creek Drive, #8
Vail, CO. 81657
907-476-1085
November 22, 2001
Lorelei Donaldson
Vail Town Clerk
75 S. Frontage Rd.
Vail, CO., 81658
Ms. Donaldson,
This letter is submitted for the board vacancy on the Planning and Environmental Commission. I
first moved to Vail in 1982, where I lived for a year before attending the University of Denver
College of Law. After graduating, I practiced law for the Seattle law firm of Preston, Gates &
Ellis. I represented several cities and municipalities, including the City of Seattle, in land use and
environmental matters. By 1991, the 27 attorney firm I had originally joined had grown to over
250 attorneys. The cultural changes at the firm caused me to leave. From 1991 to 2000,1 spent
my winters living in Vail Village. First above the Red Lion, then next door to the Christiania. In
2001,1 bought one of the Gore Creek Rowhouse's and became a full time Vail resident. I have
many long time friends in Vail and plan on spending the rest of my life here.
Since leaving the practice of law, I have established several companies and partnerships. I am on
the boards of several companies, two of which I chair. One of these companies, the 925 Pike
Street Building Company, is a real estate development company I co-founded in 1992. Among
its activities was the development of a restaurant night club in a run down warehouse district in
Seattle. I joined the board of the local business association and convinced the State of
Washington not to place major welfare facilities in the district. This is the only instance in which
the State of Washington has reversed its decision on where to locate a welfare facility. Today,
the district is one of Seattle's premier mixed-use neighborhoods, having undergone a renovation
similar to Denver's LODO.
Vail is one of the finest ski areas in the world. Like so many other Vail residents, I am eager to
use my skills to contribute to its future.
Sincerely,
rickson S ey
oe.~y:r ;Ni couctN~s; 970949 9755; Nov-28-01 11:19AM; Page 1/1
CO
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wort C~..~:b, LLC
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Memo
To Lorelei Danaidsw From Kirk Hansen
i
s,ent Faxed to 479-2320
P p 00* No„ 26, 2001
PEC Board Vacancy cc
0 CoexrSents;
Hello Lorelei:
i
Please accept this letter E ~s an application for the vaunt PEC board position. My
metivati n for this applicatibn is to serve our community in an area I feel I can make a
ipositivs 'bution.
Staivi i wit of QualificationBG
• Age 48, Married, 2 ~ildren.
e Town of Vail Resid4r t since 1987.
• VRD Board MembeD - 4 years.
• Member of the Vail Tomorrow Task R t u:.
General Manager of -a Consftxetion Company in Avon.
• BS-Architectural Ernesting (Purdue University).
• MS~ystems M~ °
Thank you for accepting th s applicaiion.
K1 rk
i -ten ~ . na- .v+n •n/A....~ n..1......i.. f1YPn/1 A7Ir1 A/1 AA7 r1 . Gw.i /1T/11'l/i1 f/KG
11/27/2001 16:01 9704764901 FPS PAGE 01
Lynn rri rAlA.An:;
am F F.. M Perk. ArCltifCCt ¢ct
~Viili ili FRITZLEN PIERCE ARCHITECTS
Tht irrias R. Qu 130i-~, Architect VAII, COLORADO
Stephanie trerl-iohnxon. Archittsrt
David Baum. Architect .
K,ithyHeAriga.Business Manager s )
Tuesday, November 27, 2001 I~ v d 20~ ; Lorelei Donaldson Vail Town Clerk -••i--'L~._.--.-
75 S. Frontage Road
Vail, Colorado 81657
Dear Ms. Donaldson:
I am writing to express my interest in filling the vacated position on the Planning and Environmental
Commission-
I am a Licensed Architect in the State of Colorado (203588) and I am beginning my third year of
practice in Vail with Fritzlen Pierce Architects. Prior to my employment in Vail I practiced with a firm
in Kansas City, Missouri that specialized in large-scale public sector projects. While in Vail and Kansas
City, 1 have experienced working with public entities such as the Planning and Environment
Committee. I received a Bachelor of Architecture in 1994 from Kansas State University. The
curriculum at KSU included courses in regional and community planning, affording me a solid
educational foundation from which my practical experience has grown-
As stipulated by the community information release I am a Vail resident and a registered voter in the
Town of Vail-
I feel that I will lend a fresh perspective and new energy to the PEG I am committed to the
betterment of the Town and I believe that participation on committees of this nature is an excellent
way to contribute to the community.
Thank you for your consideration.
Sincerely,
PaV Baum v
FRITZLEN '1650 Easi Vjil b J1c- • Drive. Fallridgv C__1,
PIERCE Vail. (:(.)iorado 81657
r'; 970.476.6341
F. 9-0.476.49U1
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• . w~~M.vailarchitccl:.ium
VAIL BIKE TAXI PROPOSED OPERATING PLAN
Vail Bike Taxi, Inc. is seeking approval for its business operation within the Town of
Vail. The following proposed operating plan has been agreed upon by Adam Palmer of
Vail Bike Taxi and Officer Scott Jansen of Vail Police Department:
• Pedicabs would not be allowed on S. Frontage Road except for access to Vail
Transportation Center from Village Center Rd. and returning to Vail Village via Blue
Cow Chute on Vail Valley Drive. Pedicabs will not cross S. Frontage Rd at any time,
nor be allowed access on S. Frontage at any other point.
• Pedicabs would not have access to the roundabouts or on Vail Rd. north of Meadow
Drive. Pedicabs would be allowed on Vail Rd. south of Meadow Drive.
• Pedicabs would have access to Vail Valley Drive, Hansen Ranch Road, Gore Creek
Drive, Bridge Street, Willow Bridge Road, East and West Meadow Drive, Willow
Bridge Road, Willow Road, Forest Road, East Lionshead Circle, Lionshead Plaza,
Lionshead Place, West Lionshead Circle, interconnecting alleyways and parking lots.
• Pedicabs would have access to public recreation paths, however, maintenance of
recreation paths will not necessarily be maintained. Access via recreation paths may
be limited by snow.
• Pedicabs would follow one-way routes going westbound on Hansen Ranch Rd. and
eastbound on Gore Creek Dr.
• Pedicabs will only be able to stage in areas out of pedestrian and vehicle traffic, and
in no way conflicting with bus stops or bus traffic.
• Access to Ford Park and Cascade Hotel will only be by recreation paths. If the
recreation paths are not accessible due to snow, pedicabs will NOT be able to access
them via S. Frontage Rd.
In addition, Vail Town Council approval is needed for the following specific areas:
• Access through the Do Not Enter on Hansen Ranch Road to access Seibert Circle
and Vail Village.
• Access through the Do Not Enter on Willow Bridge Road to access Vail Village via
Checkpoint Charlie.
• Access through gated areas of Meadow Drive, including Village Inn Plaza and
Dobson/Library area.
• Requested is trial access across the covered bridge during off-peak non-crowded
times. When Bridge Street is crowded, especially during peak periods of 0800 to
1000 and 1430 to 1630, pedicabs will avoid Bridge Street and the covered bridge
altogether. Being 50" wide the pedicabs easily fit on the covered bridge while still
allowing passing traffic.
• Pedicabs will undergo a complete safety inspection by the Vail Police Department
before they can operate.
Vail Bike Taxi is requesting a trial period for the proposed operating plan to be reviewed
by council either on December 18th and/or January 8th, 2002 to be able to address any
issues that may arise before and/or during the Christmas rush.
1-7 A fill
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Page 9
GORSUCH KIRGIS LLP E 'I QN®V
ATTORNEYS AT LAW
TOWER 1, SUITE 1000 11515 ARAPAHOE STREET I DENVER, COLORADO 80202 TELEPHONE (303) 376-5000 I FACSIMILE (303) 376-5001
MALCOLM M. MURRAY DIRECT DIAL (303) 376-5016
email: mmurray@gorsuch.com
November 13, 2001
Robert McLaurin, Manager
Town of Vail
75 S. Frontage Road West
Vail, Colorado 81657
Re: Town of Vail v. Westhaven/Cascade. LLC
Eagle County District Court, Case NO. 01CV263
Dear Bob:
Please find enclosed a letter from Doug Widlund relaying an
offer from Jerry Wuhrman for the sale of the Westhaven/Cascade
property. He is offering to sell the property to the Town for
$2,836,000. I understand that you will be discussing this
matter with the Town Council in the near future.
As we discussed on the phone, we may want to negotiate a
price with which the Town is comfortable but provide that the
Authority has four to six months to put together a project which
would allow the acquisition of the property. Closing would be
contingent on having a project.
I believe that Wuhrman's offer reflects his eagerness to
sell this property. I would suggest that the purchase price
should relate only in general terms to the appraised valued that
are discussed in Mr. Widlund's letter. I do believe that the
Pack appraisal, which puts the value of the property at
$2,250,000, is probably on the low side. The Joel Griffin
appraisal, which was attached to Mr. Widlund's letter and which
I have enclosed, is not a reliable indicator of value because it
was made over seven years ago. The NVC opinion of $2,780,000 is
most likely in the vicinity of the market value. If we were to
go to trial, however, I anticipate any negotiated price to be
based on what the Town is willing to pay for the opportunity to
build an employee housing project.
MADONNA\57399\381684.01
r. U
Robert McLaurin, Manager
November 13, 2001
Page
If you have any questions, please do not hesitate to give
me a call.
Respectfully yours,
GOR UCH KIRGIS LLP
alcolm M. uray
MUR/mmw
Enclosures
MADONNA\57399\381684.01
BUTCHER &WIDLUND, L.L.C.
ATTORNEYS AT LAW
Penn Center
1301 Pennsylvania Street • Ninth Floor
Denver, Colorado 80203
e-mail: butcherwidlund@qwest.net
Telephone 303.839.1550 Facsimile 303.860.0175
November 13, 2001 VIA HAND DELIVERY
Malcolm M. Murray, Esq.
Gorsuch Kirgis LLP
Tower I, Suite 1000
1515 Arapahoe Street
Denver, Colorado 80202
Re: Vail Local Housing Authority v. Jerald L. Wuhrman, et al.
Case No. 01 CV 263, District Court, Eagle County
Dear Malcolm:
Thanks for taking the time Friday to sit down with Jerry Wuhrman on the Westhaven
Cascade property. Pursuant to C.R.E. 408, Mr. Wuhrman and Westhaven Cascade have
authorized me to advise the Vail Local Housing Authority that they will settle the referenced
condemnation action for the total sum of $2,836,000 paid by the Housing Authority to Wuhrman
and Westhaven Cascade. This sum will include all costs and fees incurred by my clients to date,
except for the cost of the NVC appraisal which is to be paid by Vail. This offer will remain open
until 5:00 p.m. on December 3, 2001. Closing needs to occur within 30 days of Vail Local
Housing Authority's acceptance of this offer.
The offer of settlement above is based on the following considerations:
1. NVC's opinion as of August 10, 2001 is $2,780,000. Adjusting for time at 8%
annually to November 10, 2001 provides a value of $2,835,971 rounded to $2,836,000.
2. Mr. Wuhrman and Westhaven Cascade believe the NVC appraisal is flawed in
that the appraisal does not consider recent Vail land transactions including the Austria Hause site
at $9,470,000 (1997) and the Vail Village Inn / Vail Plaza Hotel site at $6,555,900 (1996). Mr.
Pack did use the Vail Village Inn sale.
3. Joel Griffin appraised the subject property in 1994. Mr. Griffin's opinion of value
as of November 8, 1994 was $1,800,000. Applying a time adjustment of 8% compounded
annually to Mr. Griffin's 1994 value renders a current value of approximately $3,084,000. An
8% time adjustment is conservative. A rate of 15% per year yields an adjusted figure of well
over $4.5 million. A copy of Mr. Griffin's 1994 appraisal is enclosed.
Malcolm M. Murray, Esq.
November 13, 2001
Page Two
4. Mr. Griffin's 1994 appraisal was based upon 12 condominium units and 10
employee housing units. However, 1995 entitlements for the subject property provided for 14
condominiums and 17 employee housing units. The consideration of these additional
entitlements at the time of the 1994 appraisal would have added approximately $350,000 to the
Griffin appraisal at that time.
5. With regard to Pack's appraisal, an annual time adjustment at 10% to date renders
a figure of approximately $2,250,000, prior to adjusting the figure for other deficiencies.
6. The time adjustment of 3% per year applied by Pack in his appraisal is
unsupportable. A annual rate of 8% to 15% is reasonable in the Vail market over the last several
years.
7. While Mr. Pack correctly incorporates the Vail Village Inn sale into his analysis,
he adjusts the sale downward by almost 50% for location without justification. This is the only
land sale in Vail considered by Pack. If a more realistic location adjustment is made to the sale,
Mr. Pack's figure is significantly higher. Pack also fails to consider the Austria Hauss land sale,
which provides another Vail transaction with uses almost identical to the subject property.
8. Mr. Pack concludes that the highest and best use of the property is mixed use
including vacation club or fractional fee units, but bases his opinion of value on condominium
uses. He also applies lower density entitlements (21 equivalent density units) from 1995 rather
than applying the higher density entitlements (26.5 equivalent density units) from 1999.
9. Mr Pack fails to assign value to employee units. The consideration of 17
employee units at $24,000 per unit adds over $400,000 to Pack's value.
10. Mr. Pack attempts to extract land value from condominium sales. Mr. Pack
concludes $400/sq.ft for units on the subject property. Mr. Pack fails to consider six recent sales
in the adjacent Liftside development that averaged approximately $700/sq.ft. This consideration
alone would increase Mr. Pack's value, less foundation improvements, by 75%.
Given the preceding factors, Mr. Wuhrman and Westhaven Cascade believe that their
offer to accept $2,836,000 for the subject property is more than reasonable. I look forward to
hearing from you on this offer. Thanks.
Yours truly,
BUTC & WIDLUND, L.L.C.
Douglas S. idlund
Encl.
cc: Mr. Jerry Wuhrman
COUNCIL FOLLOW-UP
N TOPIC QUESTIONS FOLLOWUP
2001
RECREATION PATH SIGNS LARRY/GREG: There is a need for more signs on Vail's Signs have been designed and are planned to be installed in the
Chuck Ogilby recreation paths indication "walk on right, pass on left" spring. Design is similar to bus stop signs.
to improve user safety.
F:\mcaster\bsaiteftagenda\followup\1 1-20-01 du
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