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Home My WebLink About2019-08-21 DRBDESIGN REVIEW BOARD TOWN OF V& August 21, 2019, 3:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1. 1. Attendance Present: John Rediker, Kit Austin, David Campbell, Peter Cope Absent: Doug Cahill 2. Project Orientation 2.1. 1:30 PM 3. Site Visits 3.1. Adjacent to Bridge Road - Town of Vail 3.2. 100 East Meadow Drive Unit 2 - VVI P Unit 2 LLC 3.3. 1616 Buffehr Creek Road - Valley Condominiums 3.4. 245 Forest Road - Shannon Residence 3.5. 2655 Larkspur Lane - Santisi Residence 3.6. 2883 Timber Creek Drive - DiGregorio/Gladkin Decks 4. Main Agenda 4.1. DRB19-0185 - FR18 Holdings LLC Final review of an exterior alteration (windows/roof/siding) Address/Legal Description: 366 Forest Road UnitA/Lot 2 Block 1, Vail Village Filing 3 Applicant: FR18 Holdings LLC, represented by KH Webb Architects Planner: Erik Gates David Campbell moved to approved. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.2. DRB19-0333 - FRB Ventures LLC Final review of new construction Address/Legal Description: 366 Forest Road Unit B/Lot 2, Block 1, Vail Village Filing 3 Applicant: FRB Ventures LLC, represented by KH Webb Architects Planner: Erik Gates David Campbell moved to approve. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.3. DRB19-0336 - CEAC Enterprises LLLP Final review of an exterior alteration (windows) Address/Legal Description: 434 Gore Creek Drive Unit D4/Lot B, Block 3, Vail Village Filing 5 Applicant: CEAC Enterprises LLLP, represented by Nedbo Construction Planner: Erik Gates 1. Applicant shall demonstrate that the entry door is consistent with the predominate door style and color present among the units at 434 Gore Creek Drive during building permit review. David Campbell moved to approve with conditions. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.4. DRB19-0327 - VVIP Unit 2 LLC Conceptual review of an exterior alteration (storefront) Address/Legal Description: 100 East Meadow Drive Unit 2/Lot M & O, Block 5D, Vail Village Filing 1 Applicant: VVI P Unit 2 LLC, represented by Suman Architects Planner: Erik Gates 4.5. DRB19-0385 - RJL Rockledge LLC Final review of new construction Address/Legal Description: 197 Rockledge Road/Lot 10B, Block 7, Vail Village Filing 1 Raether Minor Subdivision Replat Applicant: RJ L Rockledge LLC, represented by Suman Architects Planner: Erik Gates David Campbell moved to approve. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.6. DRB19-0415 - Hallenbeck Residence Conceptual review of a new single family residence Address/Legal Description: 4480 Glen Falls Lane / Lot 8, Forest Glen Subdivision Applicant: George Hallenbeck, represented by Berglund Architects Planner: Erik Gates 4.7. DRB19-0216 - West Vail Mall Final review of a tree removal Address/Legal Description: 2161 North Frontage Road West/Lot 2A, Vail Das Schone Filing 3 Applicant: GKT West Vail ALB LLC, represented by Ankerholz I nc. Planner: Ashley Clark 1. The applicant will return in spring 2020 with an update on the health of the trees located at areas 4 and 5. David Campbell moved to approve with conditions. John Rediker seconded the motion and it passed (3-1). Ayes: (3) Rediker, Austin, Campbell Nays: (1) Cope Absent: (1) Cahill 4.8. DRB19-0379 - Santisi Residence Final review of an addition Address/Legal Description: 2655 Larkspur Lane/Lot 4, Block 2, Vail Intermountain Development Subdivision Applicant: Santisi at Pheasant Court LLC, represented by Martin Manley Architects Planner: Jonathan Spence David Campbell moved to Motion. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.9. DRB19-0419 - Shannon Residence Final review of a change to approved plans (utility enclosure) Address/Legal Description: 245 Forest Road/Lot 22, Block 7, Vail Village Filing 1 Applicant: Michael S. Shannon 2007 QPR Trust - Mary Sue Shannon 2007 QPR Trust, represented by KH Webb Architects Planner: Jonathan Spence 1. At time of project completion, the two utility box enclosures shall match in terms of design including color and materials. David Campbell moved to approve with conditions. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.10. DRB19-0395 - Town of Vail Final review of an exterior alteration (boat launch) Address/Legal Description: Adjacent to Bridge Road bridge (210111101001)/Lot 1, Bighorn Subdivision 2nd Addition Applicant: Town of Vail Planner: Jonathan Spence David Campbell moved to approve. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.11. DRB19-0355 - Vail Spa Condominiums Final review of an exterior alteration (landscaping) Address/Legal Description: 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Vail Spa Condominiums, KH Webb Architects Planner: Chris Neubecker 1. The six-foot (6) high core -ten sound barrier wall (fence) shown on the plans near the proposed berm is not approved and shall not be installed. David Campbell moved to approve with conditions. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.12. DRB19-0370 - Valley Condominiums Final review of an exterior alteration (pool house/deck) Address/Legal Description: 1616 Buffehr Creek Road/Parcel A, Lion's Ridge Subdivision Filing 2 Applicant: Valley Condominiums, represented by Borgerson Design, Inc. Planner: Chris Neubecker 1. Prior to issuance of a building permit, application shall work with Town of Vail staff on a system to prevent wildlife access to the kitchen. David Campbell moved to approved with conditions. John Rediker seconded the motion and it passed (4-0). Absent: (1) Cahill 4.13. Appeal - DRB19-0234 - DiGregorio/Gladkin Decks A request for a review of an appeal of the Administrator's Decision for DRB19-0234, pursuant to Section 14-1-6, Appeals, Vail Town Code. Address/Legal Description: 2883 Timber Creek Drive Units 5B & 10B/Lot 8, Block 4, Vail I ntermountain Development Subdivision Applicant: Victoria A. Gladkin Revocable Trust, Cynthia Horvath & Macrina DiGregorio, represented by Balcomb & Green, P.C. Planner: Chris Neubecker John Rediker moved to deny the appeal. David Campbell seconded the motion and it passed (4-0). Absent: (1) Cahill 5. Staff Approvals 5.1. B19-0280 - Osborne Residence Final review of an exterior alteration (reroof) Address/Legal Description: 355 Mill Creek Circle/Lot 13, Block 1, Vail Village Filing 1 Applicant: Barbara M. Osborne GST Trust FBO Elizabeth O. Siegel, represented by AG Roofing Company Planner: Glen Morgan 5.2. DRB19-0276 - Olsson Residence Final review of an exterior alteration (deck) Address/Legal Description: 4237 Columbine Drive Unit 21/Bighorn Terrace Applicant: Christopher Olsson Planner: Jonathan Spence 5.3. DRB19-0329 - Poch Residence Final review of a tree removal Address/Legal Description: 390 Beaver Dam Circle Unit E/Lot 4, Block 3, Vail Village Filing 3 Applicant: Daivd & Michael Poch, represented by RFS LLC Planner: Ashley Clark 5.4. DRB19-0328 - Sonnenalp Final review of a tree removal Address/Legal Description: 20 Vail Road/Lot 1, Sonnenalp Subdivision Applicant: Sonnenalp Properties Inc., represented by Old Growth Tree Service Planner: Erik Gates 5.5. DRB19-0348 - Colten Residence Final review of an exterior alteration (windows) Address/Legal Description: 4800 Meadow Drive Unit 5/Riverbend at Vail Applicant: Jerome & Jane Colten Planner: Ashley Clark 5.6. DRB19-0350 - Valley Condominium Assoc ABC by Diva Final review of an exterior alteration (windows) Address/Legal Description: 1516 Buffehr Creek Road Unit A36/Parcel A, Lion's Ridge Subdivision Filing 2 Applicant: Valley Condominiums Assoc ABC by Diva, represented by LHC Construction I nc. Planner: Chris Neubecker 5.7. DRB19-0351 - SDG Family Dynasty Trust Final review of a tree removal Address/Legal Description: 1193 Cabin Circle/Lot 4, Block 2, Vail Valley Filing 1 Applicant: SDG Family Dynasty Trust, represented by Ceres Landcare Planner: Jonathan Spence 5.8. DRB19-0352 - 307 Rockledge LLC Final review of a change to approved plans (driveway) Address/Legal Description: 307 Rockledge Road/Parcel B, Vail Village Filing 1 Applicant: 307 Rockledge LLC, represented by Suman Architects Planner: Jonathan Spence 5.9. DRB19-0353 - Grand Hyatt Vail Final review of a sign Address/Legal Description: 1300 Westhaven Drive/Cascade Village - Vail Cascade Resort Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Hyatt Hotels Planner: Chris Neubecker 5.10. DRB19-0356 - Fowler Residence Final review of a tree removal Address/Legal Description: 4247 Columbine Drive Unit 20/Bighorn Terrace Applicant: Thomas & Virginia Fowler Living Trust, represented by Brush Creek Landscaping Planner: Erik Gates 5.11. DRB19-0357 - Wagner Residence Final review of a tree removal Address/Legal Description: 5148 Gore Circle/Lot 5, Block 3, Bighorn Subdivision 5th Addition Applicant: Scott & Rachel Wagner, represented by Brush Creek Landscaping Planner: Jonathan Spence 5.12. DRB19-0359 - Sampson Residence Final review of an exterior alteration (masonry veneer) Address/Legal Description: 1824 Alta Circle/Lot 36, Vail Village West Filing 1 Applicant: Peter Sampson Planner: Erik Gates 5.13. DRB19-0360 - 3 GCP Inc. Final review of an exterior alteration (AC unit) Address/Legal Description: 825 Forest Road Unit 3/Lot 3, West Day Subdivision Applicant: 3 GCP Inc., Nedbo Construction Planner: Erik Gates 5.14. DRB19-0371 -Austria Haus Condominium Association Final review of an exterior alteration (repaint) Address/Legal Description: 242 East Meadow Drive/Tract C, Block 5E, Vail Village Filing 1 Applicant: Austria Haus Condominium Association Planner: Ashley Clark 5.15. DRB19-0374 - Viola Residence Final review of an exterior alteration (solar) Address/Legal Description: 797 Potato Patch Drive/Lot 27, Block 1, Vail Potato Patch Filing 1 Applicant: Randall Viola, represented by Active Energies Solar Planner: Ashley Clark 5.16. DRB19-0376 - Vath Residence Final review of a change to approved plans (deck/hot tub/stairs/windows/doors) Address/Legal Description: 1044 Homestake Circle/Lot 4, Block 6, Vail Village Filing 7 Applicant: Tricia & Steven Vath, represented by TAB Associates, Inc. Planner: Jonathan Spence 5.17. DRB19-0377 - Mountain Haus Final review of a change to approved plans (dryer vent) Address/Legal Description: 292 East Meadow Drive/Tract B, Vail Village Filing 1 Applicant: Mountain Haus Condominiums, represented by Nedbo Construction Planner: Jonathan Spence 5.18. DRB19-0378 - Saalfeld Residence Final review of an exterior alteration (repaint/tree removal) Address/Legal Description: 2478 Garmisch Drive/Lot 27, Block A, Vail Das Schone Filing 1 Applicant: Thomas Saalfeld Planner: Jonathan Spence 5.19. DRB19-0381 -Arrabelle Final review of an exterior alteration (exhaust fan) Address/Legal Description: 675 Lionshead Place/Lot 1 & 2, Lionshead Filing 6 Applicant: Arrabelle, represented by Tolin Mechanical Systems Planner: Ashley Clark 5.20. DRB19-0383 - Santisi Residence Final review of a tree removal Address/Legal Description: 2655 Larkspur Lane/Lot 4, Block 2, Vail Intermountain Development Subdivision Applicant: Michael Santisi Planner: Jonathan Spence 5.21. DRB19-0384 - Marriott Vail Final review of a change to approved plans (rooftop unit) Address/Legal Description: 715 West Lionshead Circle/West Day Subdivision Applicant: Diamondrock Vail Owner LLC, represented by NeoStudio Planner: Jonathan Spence 5.22. DRB19-0386 - Chamonix Chalets Final review of an exterior alteration (repaint) Address/Legal Description: 2489 & 2497 Chamonix Lane/Lots 20 & 21 & 22 & 23, Block C, Vail Das Schone Filing 1 Applicant: Chamonix Chalets, represented by Mountain Valley Property Management Planner: Chris Neubecker 5.23. DRB19-0387 - Princess World Jewelers Final review of a sign Address/Legal Description: 281 Bridge Street Unit 6/Lot D & E, Block 5C, Vail Village Filing 1 Applicant: Princess World Jewelers Planner: Jonathan Spence 5.24. DRB19-0388 - Hicks Residence Final review of an exterior alteration (snowmelt) Address/Legal Description: 225 Forest Road/Lot 25, Block 7, Vail Village Filing 1 Applicant: Ed & Gloria Hicks, represented by KH Webb Architects Planner: Chris Neubecker 5.25. DRB19-0390 - Vail Fire Station #3 Final review of an exterior alteration (AC units) Address/Legal Description: 2399 North Frontage Road West/Parcel A, Vail Das Schone Filing 1 Applicant: Town of Vail, represented by Pierce Architects Planner: Chris Neubecker 5.26. DRB19-0391 - C & M Taylor Properties LLC Final review of a change to approved plans (sconces) Address/Legal Description: 22 West Meadow Drive Unit 230/Lot H, Vail Village Filing 2 Applicant: C & M Taylor Properties LLC, represented by Suman Architects Planner: Ashley Clark 5.27. DRB19-0392 - Roble Residence Final review of an exterior alteration (windows) Address/Legal Description: 600 Vail Valley Drive Unit K/Tract B, Vail Village Filing 7 Applicant: Beverly Roble, represented by Nedbo Construction Planner: Jonathan Spence 5.28. DRB19-0393 - Town of Vail Final review of an exterior alteration (reroof) Address/Legal Description: 4682 Meadow Drive/Mountain Meadow Condominiums Applicant: Town of Vail Planner: Jonathan Spence 5.29. DRB19-0394 - RS2 LLC Final review of an exterior alteration (AC units) Address/Legal Description: 4273 Columbine Drive/Lot 16, Block 9, Bighorn Subdivision 3rd Addition Applicant: RS2 LLC, represented by R & H Mechanical Planner: Erik Gates 5.30. DRB19-0396 -Anton Residence Final review of an exterior alteration (windows) Address/Legal Description: 292 East Meadow Drive Unit 110/Tract B, Vail Village Filing 1 Applicant: Yuriko & Philip Anton, represented by Nedbo Construction Planner: Erik Gates 5.31. DRB19-0397 - Schapperle Residence Final review of an exterior alteration (snowmelt/vent) Address/Legal Description: 3817 Lupine Drive Unit B/Lot 3, Bighorn Subdivision 2nd Addition Applicant: John F. Schapperle J r Living Trust, represented by American Plumbing & Heating Service Inc. Planner: Ashley Clark 5.32. DRB19-0398 - Pearson Residence Final review of an exterior alteration (dryer vent) Address/Legal Description: 2925 Basingdale Boulevard/Lot 6, Block 8, Vail Intermountain Development Subdivision Applicant: Jay Pearson Planner: Ashley Clark 5.33. DRB19-0399 - Speck Residence Final review of a tree removal Address/Legal Description: 3150 Booth Falls Court Unit E/Lot 4, Block 2, Vail Village Filing 12 Applicant: Eric Speck Planner: Jonathan Spence 5.34. DRB19-0400 - Brandywine Trace Condo Final review of a change to approved plans (time extension) Address/Legal Description: 2249 Chamonix Lane/Lot 4, Block A, Vail Das Schone Filing 1 Applicant: Brandywine Trace Condo Planner: Chris Neubecker 5.35. DRB19-0402 - Vail Ski LLC Final review of a tree removal Address/Legal Description: 483 Beaver Dam Circle / Lot 1, Block 2, Vail Village Filing 6 Applicant: Vail Ski LLC, represented by Lindvall Mountain Real Estate Planner: Jonathan Spence 5.36. DRB19-0404 - Town of Vail Final review of an exterior alteration (fuel tanks) Address/Legal Description: 1329 Elkhorn Drive / Unplatted Applicant: Town of Vail, represented by John King Planner: Jonathan Spence 5.37. DRB19-0405 - Kress Residence Final review of a tree removal Address/Legal Description: 4269 Nugget Lane/Lot 3, Bighorn Estates Applicant: Keith Donald Kress, represented by Vail Valley Tree Service Planner: Jonathan Spence 5.38. DRB19-0406 - Helmering Residence Final review of a tree removal Address/Legal Description: 4269 Nugget Lane/Lot 4, Bighorn Estates Applicant: Raymond J. Helmering Revocable Trust, represented by Vail Valley Tree Service Planner: Jonathan Spence 5.39. DRB19-0407 - Florek Residence Final review of a tree removal Address/Legal Description: 4289 Nugget Lane/Lot 5, Bighorn Estates Applicant: Robert Florek, represented by Vail Valley Tree Serivice Planner: Jonathan Spence 5.40. DRB19-0409 - Venerable Residence Final review of a change to approved plans (garage doors) Address/Legal Description: 175 & 185 Forest Road/Lot 26, Vail Village Filing 1 Applicant: Ed Venerable, represented by KH Webb Architects Planner: Jonathan Spence 5.41. DRB19-0411 - Blyth Residence Final review of an exterior alteration (repaint) Address/Legal Description: 1404 Moraine Drive/Lot 2, Dauphinais-Moseley Subdivision Filing 1 Applicant: Valentine Blythe Colorado LLC Planner: Jonathan Spence 5.42. DRB19-0416 -Axelrod Residence Final review of a tree removal Address/Legal Description: 1977 Circle Drive/Lot 25, Buffehr Creek Resubdivision Applicant: Arthur & Judith Axelrod, represented by Vail Valley Tree Service Planner: Jonathan Spence 5.43. DRB19-0417 - Frederick Residence Final review of an exterior alteration (repaint) Address/Legal Description: 2840 Basingdale Boulevard/Lot 4, Block 9, Vail Intermountain Development Subdivision Applicant: Daniel Frederick Planner: Jonathan Spence 5.44. DRB19-0421 - Lion's Ridge Final review of a tree removal Address/Legal Description: 1265 North Frontage Road West/Lot 2, Timber Ridge Subdivision Applicant: Town of Vail, represented by Ceres Landcare Planner: Jonathan Spence 5.45. DRB19-0422 - Sockel-Stone Residence Final review of a change to approved plans (landscaping) Address/Legal Description: 1465 Greenhill Court Unit A/Lot 9, Glen Lyon Subdivision Applicant: Bonnie Sockel-Stone, represented by Henkes & Associates Inc. Planner: Jonathan Spence 5.46. DRB19-0427 - Vail Custom Builders Final review of a sign Address/Legal Description: 100 East Meadow Drive Unit 7A/Lot O, Block 5D, Vail Village Filing 1 Applicant: AJ W Properties I I LLC, represented by First Chair Designs, Inc. Planner: Jonathan Spence 5.47. DRB19-0434 - Town of Vail Final review of an exterior alteration (reroof) Address/Legal Description: 1281 North Frontage Road West/Lot 1, Timber Ridge Subdivision 1975 West Gore Creek Drive/Lot 29-42, Vail Village West Filing 2 1699 Geneva Drive/Lot 1, Matterhorn Village Filing 1 1775 Sunburst Drive/Vail Village Filings 7 & 8 and Unplatted Applicant: Town of Vail Planner: Jonathan Spence The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town Council Chambers. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Design Review Board will consider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: 8/21/2019 ITEM/TOPIC: Appeal - DRB19-0234 - DiGregorio/Gladkin Decks ATTACHMENTS: File Name Description DRB AMeal.pdf Appeal Documentation July 11, 2019 Via email to: CNeubecker(&vail ov.com Chris Neubecker Planning Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Re: 2883 Timber Creek Drive Our File No.: T217-002 Dear Mr. Neubecker: I am counsel for Timber Creek Lodges Condominium Association. Bryan Sperry has asked me to contact you regarding an application for permit with the Design Review Board regarding decks at the condominium and an appeal filed by Michael Gladkin. I am aware that an appeal hearing has been set for Wednesday, August 21, 2019 at 3:00 p.m. It is also my understanding that the staff will provide information to the Design Review Board at the next regularly scheduled meeting on July 17. The purpose of this letter is to provide additional facts which were not included in the appeal letters from Balcomb and Green and Mr. Gladkin. The issue of the decks was the subject of a lawsuit filed by Mr. Gladkin in Eagle County District Court. On February 1, 2019, the Court issued an Omnibus Order holding that the Condominium Association had the authority to remove the decks and replace them with Juliet balconies. Mr. Gladkin filed a Motion to Stay Execution of this Order which was denied by the Court. Although Mr. Gladkin has appealed the Court's Order, the Condominium Association is entitled to proceed with removal of the decks. I am enclosing copies of both of these orders for your review. SWEETBAUM SANDS ANDERSON PC ALAN D. SWEETBAUM ATTORNEYS AT LAW STEPHEN W. ARENT (Retired) JON F. SANDS 1125 SEVENTEENTH STREET, SUITE 2100 SCOTT L. LEVIN (Retired) BRAD RAMMING DENVER, COLORADO 80202 FREDRIC J. LEWIS (Retired) CAROLYN ABRAHAMS Telephone (303) 296-3377 Facsimile (303) 296-7343 GEOFFREY P. ANDERSON JOSHUA D. MCMAHON www.SweetbaumSands.comIn Memoriam: KATHERINE KARAMALEGOS KUST KIMBERLE E. O'BRIEN (1955 — 2013) REAGAN LARKIN ANDREW S. MILLER CARIN RAMIREZ TOM DOLPHIN LINDSAY M. DUNN JOSHUA T. KELTNER JOHN HILKIN writer's e-mail address: asweetbaum@SweetbaumSands.com Special Counsel: HARLAN S. ABRAHAMS MARILYN S. CHAPPELL STEVEN M. SOMMERS July 11, 2019 Via email to: CNeubecker(&vail ov.com Chris Neubecker Planning Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Re: 2883 Timber Creek Drive Our File No.: T217-002 Dear Mr. Neubecker: I am counsel for Timber Creek Lodges Condominium Association. Bryan Sperry has asked me to contact you regarding an application for permit with the Design Review Board regarding decks at the condominium and an appeal filed by Michael Gladkin. I am aware that an appeal hearing has been set for Wednesday, August 21, 2019 at 3:00 p.m. It is also my understanding that the staff will provide information to the Design Review Board at the next regularly scheduled meeting on July 17. The purpose of this letter is to provide additional facts which were not included in the appeal letters from Balcomb and Green and Mr. Gladkin. The issue of the decks was the subject of a lawsuit filed by Mr. Gladkin in Eagle County District Court. On February 1, 2019, the Court issued an Omnibus Order holding that the Condominium Association had the authority to remove the decks and replace them with Juliet balconies. Mr. Gladkin filed a Motion to Stay Execution of this Order which was denied by the Court. Although Mr. Gladkin has appealed the Court's Order, the Condominium Association is entitled to proceed with removal of the decks. I am enclosing copies of both of these orders for your review. SWEETBAUM SANDS ANDERSON PC Page 2 This application was originally made in 2017 which was approved by the Design Review Board. Mr. Gladkin did not protest the decision at that time. When Mr. Sperry submitted the application on behalf of the Association last month, he used the same drawings and design as in 2017. I would appreciate your submitting this information to the Design Review Board for their next regularly scheduled meeting on July 17. If you have any questions, please feel free to call me. Very ADS/js Enclosures cc: Bryan Sperry Kim Sperry Jim Marx Patti Rasmussen Phyllis Pierce Josh Keltner . Sweetbaum 2019-07-11 ADS LTR TO NEUBECKER BALCOMB&GREE I 19WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESTR July 1, 2019 ATTN: DESIGN REVIEW BOARD Matt Gennett Community Development Director Town of Vail Department of Community Development 75 South Frontage Rd. Vail, CO 81657 Robert C, Gavrell Office (970) 945-6546 s°g.��pvt'�>lk�r7lr<tIr d�p;�kls��a�� u,� a asrdi, VIA HAND DELIVERY NOTICE OF APPEAL Re: Appeal of Design Review Board Administrative Approval Muni. Code 12.2.3) Application No.: DRB19-0234 Project Name: DiGregorio/Gladkin Decks Date of Approval.- June 12, 2019 Dear Mr. Gennett, I represent the Victoria A. Gladkin Revocable Trust ("Gladkin"), together with Macrina DiGregorio and Cynthia Horvath (collectively "DiGregorio"), owners of units B10 and B5, respectively, of the Timber Creek Lodges Condominiums. This letter serves as Gladkin's and DiGregorio's formal appeal of the recent administrative approval of Application / Action Form DRB19-0234 (the "Application"), apparently submitted in their name but without their involvement, participation, knowledge or consent, by an individual, Bryan Sperry ("Sperry"), who may or may not be a duly authorized agent of their Condominium Association (the "COA"). The Application was approved by the administrative action of Chris Neubecker on June 12, 2019 (the "Decision"). This appeal is submitted pursuant to the Town of Vail Municipal Code sec. 12.2.3. Relevant to this matter, the Municipal Code of the Town of Vail states as follows: "[A]ppeals of any decision, determination or interpretation by any town administrative official with regard to a design guideline shall be heard by the design review board. "Code 12-3-3(B)(1). My clients are seeking an appeal of the Decision to the Design Review Board, consistent with the Code. ASPEN BASALT I GLENWOOD SPRINGS ( LAMAR I BUENA VISTA Post Office Box 790 1 Glenwood Springs, Colorado 81602 800.836.5928 1 970.945.6546 1 BalcornbGreen.corn / B / 4' r N WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESTR 1953 Letter to Gennett July 1, 2019 Page 2 of 4 "An appeal maybe initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any administrator with respect to this title. "Code 12-3- 3(13)(2). 2-3- 3B 2. The Application, as it was submitted by the COA, specifically identifies my clients in the "Project Name," and lists them again as the "Property Owners." My clients had no knowledge of any such application, nor were they consulted in advance of its submission in their name. They have standing to appeal under the Code because the project was submitted in their name, and because the Application lists them as the Property Owners. They also have standing to appeal as "aggrieved or adversely affected" persons, being the sole users and beneficiaries of the limited common element balconies that the Application confesses they own. "A written notice of appeal must be filed with the administrator or with the department of community development rendezing the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final " Code 12-3-3(B)(3). The Decision was rendered June 12, 2019, and this written notice is submitted within the 20 day window for appeals. "Such notice hof appeal] shall be accompanied by the name and addresses (person's mailing and propertys physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town. " Code 12-3-3(B)(3). The addresses of the "Applicant," property owners, and a listing of the managing agent for the board of directors of the COA are attached hereto in Exhibit A. I am informed by Community Development Staff that there are no particular "forms" for filing an appeal of DRB administrative approval. Specific reasons for the appeal are thus partially outlined on a separate attachment in the form of a letter submitted by Michael Gladkin, (Exhibit B), and partly outlined below as follows: o The Application submitted is apparently a fraud; the Action Form indicates it was submitted by Mr. Sperry on behalf of the identified "Property Owners" without their knowledge or consent. The "Applicant" ASPEN ( BASALT I GLENWOOD SPRINGS I LAMAR I BUENA VISTA Letter to Gennett WIC WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESTR 1053 July 1, 2019 Page 3 of 4 thus had no legal authority to have filed any such application on their behalf, having no authority granted by the Application's own, identified, Property Owners. o The listed Property Owners do not consent to the relief requested by the Application. o The Property Owners do not agree to the proposed form of repair. Other forms of repair exist that do not require removal of the log joists. o The Application falsely identifies that the "Project Owners" have no telephone numbers. Mr. Sperry has personal knowledge that both Gladkin and DiGregorio have telephone numbers, and that they are reachable through this law firm, which has represented them in ongoing litigation concerning these balconies since 2017. Litigation between the COA and my clients is presently in the Colorado Court of Appeals. o Mr. Sperry is not a property owner at the COA, and upon information and belief not a Director of the Board. Gladkin and DiGregorio are unaware of any vote taken by the BOA authorizing Mr. Sperry to have submitted this Application on behalf of the COA, or on behalf of Gladkin and DiGregorio. The Application does not appear to have been submitted in the name of the COA. o The Application is supported by a document titled "Joint Property Owner Written Approval Letter" signed by Kimberly Sperry (the "Letter"). Mrs. Sperry identifies herself as the "President" on the Letter. Though she does not identify what she is president of, presumably she means she is the president of the COA. The COA does not appear to be the Applicant. Mrs. Sperry is also not the Applicant; the applicant listed by the Action Form is Bryan Sperry, in his individual capacity. The Letter is thus insufficient to support the Application, being submitted by a person other than the Applicant. See Code 12-11-4(C)(1)(1). o The Letter provides space for joint property owners to initial the document, to authorize changes and waive notifications. These spaces are blank, because the Property Owners, Gladkin and DiGregorio, were unaware of and were never consulted about the Letter. The Letter is ASPEN ( BASALT I GLENWOOD SPRINGS ( LAMAR I BUENA VISTA lateBALCOMB&GREEN Letter to Gennett WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESTR 1953 July 1, 2019 Page 4 of 4 therefore additionally insufficient to support the Application because it is not signed by the listed Property Owners, and because it was submitted without their approval. See Code 12-11-4(C)(1)(1). o Upon information and belief there was no pre -application conference held in association with the Application. Code 12-11-4(A). o Upon information and belief there was no conceptual design review associated with the Application. Code 12-11-4(B). o The materials submitted in support of the Application are not in compliance with the requirements of the Code. See Code 12-11-4(C)(2); see also Ex. B. o The Application was never a proper candidate for Administrative Approval, because it seeks to significantly change the existing planes of the Building it affects. Administrative approval of the Application was thus improper. See Code 12-11-3(A). "The town council may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the department of community development. The fee shall be paid at the time the appeal is filed. "Code 12-3- 3(B)(6). Community Development Office Manager Shelley Bellm confirmed in a telephone call with this office that the Town of Vail has not set a reasonable fee for filing appeal of an administrative decision. In reliance on that representation, no fee is submitted herewith. For scheduling purposes, I will be out of town on a family vacation beginning August 1 through the 16L''. On behalf of my clients, therefore, I request that a hearing on this appeal be scheduled for some time after August 16, pursuant to Code 12-3-3(B)(3). Enclosures cc: clients ASPEN I BASALT ! GLENWOOD .SPRINGS ( LAMAR I BUENA VISTA Exhibit A Names and Addresses of the Appellants: Victoria A. Gladkin Revocable Trust Mailing Address: c/o Balcomb & Green, P.C., PO Box 790, Glenwood Springs, CO 81601 Physical Address: Timber Creek Lodges Condominiums, Unit B-10, Vail, CO Macrina DiGregorio and Cynthia Horvath Mailing Address: c/o Balcomb & Green, P.C., PO Box 790, Glenwood Springs, CO 81.601 Physical Address: Timber Creek Lodges Condominiums, Unit B-5, Vail, CO Name and Address of the Applicant: Bryan Sperry Mailing Address (from the "Action. Form "2871 N SPEER BLVD 4650 Bow Mar Drive Littleton, CO 80123" Physical Address (upon belief): Timber Creek Lodges Condominiums, Unit A-2, Vail, CO Names and Addresses of the "Property Owners" (as listed on the "Action Form') Victoria A. Gladkin Revocable Trust Mailing Address: c/o Balcomb & Green, P.C., P.O. Box 790, Glenwood Springs, CO 81601 Physical Address: Timber Creek Lodges Condominiums, Unit B-10, Vail, CO Macrina DiGregorio and Cynthia Horvath Mailing Address: c/o Balcomb & Green, P.C., P.O. Box 790, Glenwood Springs, CO 81601 Physical Address: Timber Creek Lodges Condominiums, Unit B-5, Vail, CO Names and Addresses of Adjacent Property Owners / Property Manager (*the list ofproperty owners within a condominium project shall be satisfied, by listing the addresses for the managing agent or the board of directors of the condominium association) (Town of Vail Code 12-3- 3(13)(3)). Property Manager: Property Management of the Rockies, c/o Mike Delain 839 Edwards Village Blvd, Apt. 5 Edwards, CO 81632 Timber Creek Lodges, Condominium Association: Physical Address: 111 Swift Gulch Road, Suite 301, Avon, CO 81620 Mailing Address: P.O. Box 5940, Avon, CO 81620 Reg. Agent: Vail Tax and Accounting, 111 Swift Gulch Road, # 301, Avon, CO 81620 July 1, 2019 Michael A Gladkin Via Email 3413 N. 85th St Town of Vail Building Department Scottsdale, AZ 85251 Shelley Bellm and Chris Neubecker (480)-707-8660 sbellm@vailgov.com cneubecker@vailgov.com Re: Town of Vail Design Review# DRB19-0234 and Building Permit# B19-0250 Shelley and Chris, I am writing this letter to inform you that I, Michael Gladkin, Owner in Trust of Timbercreek Lodges Unit 1310 under the Victoria A Gladkin Revocable Trust, was unaware of both Town of Vail applications DRB19-0234, DRB17-0368 (prior application), and Building Permit application #B19-0250 (Multi -Family). All three applications were submitted without my knowledge, consent, or approval. We are contesting the legitimacy of these applications for multiple reasons primarily of which the HOA is attempting to permanently remove our property without our consent. This is in ongoing litigation. DRB19-0234 Non -conformances and Safety Issues (all applications omit the following information): (a) The Survey/Site Plan is missing from the submittal. The Timbercreek Lodges Survey and Site Plan includes elevation and plan views of the property buildings proposed to be modified. It depicts the structural relationship of the deck beams to both the interior and exterior of the units. Removal of the deck beams may cause structural issues with the building and requires engineering review and structural analysis prior to removal. - Town of Vail Submittal Requirement: 12-11-4, sec C, part(a): Survey: A topographic survey representative of existing conditions..." - Town of Vail Submittal Requirement: 12-11-4, sec C, part(d): Site Plan: "...the existing and proposed layout of buildings and other structures including decks..." (b) The LCE Deck log joist segments proposed to be removed are structural joists that span from the end of the exterior LCE decks through the 2nd floor of the units and comprise the 2nd floor's structural subfloor. The removal of these cantilevered beam segments may cause damage the units by shifting of the interior/exterior walls and flooring throughout per the Associations Engineering Opinion report in May of 2018. Further analysis is recommended. - Town of Vail Submittal Requirement: 12-11-4, sec C, part (d): Site Plan: "...the existing and proposed layout of buildings and other structures including decks, patios...." - Town of Vail Submittal Requirement 12-11-4, sec C, part (g): Architectural Plans: "including floor plans labeled and drawn in sufficient detail..." (c) Removal of the LCE Decks and installing a railing will block the storm door and prevent human egress from the 2nd floor master bedroom of the unit. This is a safety hazard. There is currently no proposal from the HOA on how to address this matter in their submittal. Building Permit Application #B19-0250 is incomplete and/or missing the following documents (as required at minimum by the Town of Vail Residential Minimum Project Submittal Requirements): - CO Engineer of Record (EOR) stamped Drawings and Calculations (every page) - Title Page and Code Analysis - EOR Structural Analysis/Calculations - Floor Plans - Framing Plans - Elevations - Cross Sections/Details Due to the pending litigation and immense safety concern of proceeding without the proper engineering structural analysis being completed by a licensed CO Engineer of Record, it is my request that no Building Permit be considered or issued and no further construction work be performed by the HOA prior to completion of the application, review, and approval by the Town of Vail Building Planning/Inspectors (as the HOA has already removed the decking without our consent). I request that the Town of Vail inform me directly should any further submittals occur as the HOA is not informing or providing us any information in regards to this matter. The HOA has ignored multiple requests. Respectfully, Michael Gladkin mikegladkin@gmail.com 480-707-8660 2 Design ReviewBoard(DRB) Department of Community Development a 75 South Frontage Road West tt ?i, � ACTION FORM Vail,CO81657 TO W N 0 F A I L �� Tel: 970-479-2139 www.vailgov.com Project Name: DiGregorio/Gladkin Decks Application Number: DRB19-0234 2017 Application Type Project Description: CONTACTS ExteriorAlteration Date Applied: 06/04/2019 Due to rotted structuraI log joists, the existingdeckson units B5 and B10 are no longersafe and mustbe addressed.The HOAis responsible forthe exteriors of these residences and has chosen to cut backthe existing 6'6 "log joists to approximately 16" of the exteriorlog wall and then reinstallthe railing. Upon completion of the repairs,these deckswill consideredjoliet balconies.This is a resubmittal (previously approved workwas not completed) of a previously approved exterioralteration from8/15/2017 (priorapplication# DRB 17-0368). ContactType: Applicant Full Name: BryanSperry Address: 2871 N SPEERBLVD4650 Bow Mar Drive Littleton, phone: 3037308268 CO 80123 ContactType: Property Owner Full Name: VICTORIAA. GLADKIN REVOCABLE TRUST Address: 1200 PRIMERCIR 10 PALM SPRINGS, CA92262- phone: None 5352 ContactType: Property Owner Full Name: DIGREGORIO, MACRINA HORVATH, CYNTHIA Address: 60 BAYVILLE AVE 5 BAYVILLE, NY 117091656 Phone: None ContactType: Property Owner Full Name: Common Area Address: Phone: None Project Address: 2883 TIMBERCREEKDR 10B (210314315011)12883 TIMBERCREEKDR 5B (210314315006) Job Site Location: 5B VAIL INTERMOUNTAIN Legal Description: Subdivision: DEVELOPMENT SUBDIVISIONVAIL Lot: 8 Block: 4 INTERMOUNTAIN SWIM AND TENNIS CLUB CONDOMINIUMS Parcel Number: 210314315006 BOARDS/STAFF ACTION Motion By: Second By: Vote: Conditions: Action: StaffApproved Date: 06/12/2019 -All exposed metal flashing, trim,flues,vents, and rooftop mechanical equipment shall be anodized, painted (adjacent facade/roofmaterial color or f lat black), or capable of weathering so as to be non-reflective pursuant to Section 14-10-5C, Building Materials and Design, VailTownCode, prorto requesting final inspections. - Approval of this project shall lapse and become void one (1) yearfollowing the date of finalapproval, unless a buildingpermit is issued and construction is commenced and is diligently pursued toward completion. - Design Review Board approval does not constitute a permit for building. Please consultwithTown of Vail building personnel priorto construction activities. - Design Review Board approval shall not becomevalid for20 days following the date of approval, pursuant to the Vail Town Code, Chapter12-3-3 Appeals. - No changesto these plans maybe made withoutthe written consentof Townof Vailstaffand/orthe appropriate review committee (s). - Applicant shall paintor stain the decks, logs and rails to matchthe design and colorof the existingdecks, logs and rails within the development. Planner: Chris Neubecker TOWN OF VAIC The applicant must submit written joint property owner approval for applications ef#*oUnQ shared ownership properties such as duplex, cPndominiurn, and multi -tenant buildings, This fonn, orsimilar written oormaapondence, must be oon+ p|ebad by the adjoining duplex unit owner or the authorized agent of the home owner's association in the omae of a con- dominium or multi -tenant building. All completed forms must be submitted with the applicants completed application. i(print name) Kimberly Sperry ejoint owner, mauthority ofthe association, oƒproperty located sd Timber Creek Lodges (2883Timber Creek Drive, Vail) provide this letter amwritten approval of the plans dated 8/14/17 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. | understand that the proposed improvements include: Units B5and B1OUpper Deck Modifications I understand that modifications may be made to the plans over the course of the review process to ens,ure compliance with the Town's applicable codes and regulations; and that itiethe sole responsibility ofthe applicant tokeep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal ofan application results in the applicant agreeing to this statement. G4W1Q Date timberly Sperry President Print Name Title/Position kVVe authorizea and all changes submitted to the Town in reference to the above mentioned project. (initials) [/We waive all rights to notification and review of submitted changes. IMe do not authorizean changes submitted tothe Town inreference tothe above mentioned project. B5 & B10 Timbercreek Photos Aug 2M 7 at 8: Mam °° Balcony Description " ._._._ ----------- Description Existing Conditions List Status Design Items Open DRB APPROVED 812 812 01 7 12:00:00 AM Sheet Created 01 Aug 14, 2017 at 12:57pm jim_marx@marxokubo.com Last Updated Aug 14, 2017 at 1:10pm Prepared by Derek Shields on Aug 14, 2017 4 : reated with PlanGrid B5 & B10 Timbercreek Balcony ;q a�.. �W ;�. .. .�✓r;� e. cru lal�,a,/�rr.�du^,,�^`u�A!�..�.....:r ^!"%l2rdr�r(�rfR4"YIaM.' r _u y a u a , C U ¢ 4 Description Existing Conditions List Status Design Items Open DRB APPROVED 812 812 01 7 12:00:00 AM Sheet Created 01 Aug 14, 2017 at 12:58pm jim_marx@marxokubo.com Last Updated Aug 14, 2017 at 1:10pm Prepared by Derek Shields on Aug 14, 2017 3 : reated with PlanGrid B5 & B10 Timbercreek Balcony Description Existing Conditions Photos List Status DR 3 Design Items Open APPROVED 812 812 01 7 12:00:00 AM Sheet Created 01 Aug 14, 2017 at 1:01 pm jim_marx@marxokubo.com Aug 12, x;,101 ' nfl 8:13am Last Updated Aug 14, 2017 at 1:11 pm Aug 12, 20 17 �fl 8:115am Prepared by Derek Shields on Aug 14, 2017 2 : reated with PlanGrid A ug ", 20� 7at8:15am ABII'v � "i 2M 7at8:� ku.n Prepared by Derek Shields on Aug 14, 2017 5 : reated with PlanGrid 0 s� , i DRB v ..APPROVED '. .8/28/2017 12:00:00 AM �„ .. ° ° a n ,y ° VVV M ^ y n lutions .inc ENGINEERING Observation Report May 5, 2017 Mike Delain PMR Home Watch Re: Timber Creek Lodge, Unit B5 & B10 2883 Timber Creek Drive, Vail, CO Project No. 0405-17 P.O. BOX 2494 AVON.CO 81620 PH 970.949.7100 FAx970.949.3377 On May 3, 2017, at Mike Delain's request, I visited the property referenced above to observe the south side upper level decks of Unit B5 & B10 and provide my observations and opinions on the overall structural condition of the deck. The opinions expressed in this report are based only on visual observation of the condition of the structure on this date, without disturbing any integrity of the residence. These opinions do not represent overall property review, structural analysis, or compliance with applicable building code. The original construction documents for the residence were not present at the time of my visit. PERSONS PRESENT AT THE TIME OF VISIT: Mike Delain, property management representative PURPOSE AND SCOPE: The purpose of this report is to evaluate and determine if the structural integrity of the decks of the units mentioned above are at risk. We were also asked to provide recommendations of the remedial work that should be done on the decks where structural problems and or damage may have been observed. BACKGROUND: The properties are condominium units in a multi -unit development. These particular units are end units that share one common wall. There were no plans provided to me at the time of my visit. It was indicated to me by Mike that the building may have been built in the early 1980's. It appears that the building was constructed with a combination of cast in place concrete footings and foundation walls located over a crawlspace with log walls, log beams and log joists. Timber Creek Lodge, Unit 135 & 1310, 2883 Timber Creek Drive, Vail, CO #0405-17 3 n lutions .Inc E N G I N EE RI NG OBSERVATIONS: P.o.BO% 2494 AVONXO 81620 .970.949.7100 Fm970.949.3377 At the time of my visit I observed that the south upper level exterior cantilevered decks were approximately 13'-6" in width and extended 6'-6" from the exterior log wall. The decks were accessed by a sliding door from the upper south bedrooms. The deck structure appeared to be 2x6 treated decking that were screwed into approximately twelve inch diameter cantilevered logs spaced approximately twenty four inches apart. The cantilevered logs back -spanned into the unit approximately 30'-0" and appeared to be part of the upper floor joists structure. The railings on the three open sides of the deck were a series of log newel posts with dimensional top and bottom rails and wood pickets. The decks were partially covered by the gable roof above. In some areas the 2x decking appeared to be warped and had become unattached to the log joists below. The log joists appeared to have some type of flashing along the tops where the 2x decking material was bearing. The log deck joists on Unit B5 appeared to have many large cracks along the horizontal length and at the cut ends. The log deck joists on Unit B10 appeared to also have many large cracks along the horizontal length but those cracks appeared to have been filled in with some type of chinking material. The cut ends also appeared to have some type of waterproofing remedial work done on them. Most of the log joists on both units appeared to have been weathered and rotted in areas. Upon sticking a one inch knife into different locations along the sides and bottoms of some of the log joists, I was able to insert it the full length with very little force indicating the logs have been compromised of their structural integrity. Upon sticking a writing pen into the top of the log joist where the decking was bearing, I was also able to insert it two or more inches also with very little force. CONCLUSIONS: At this time I feel that the cantilevered log deck joists are rotted out in areas over time and the cantilevered ends that support the upper decks should be replaced. Without proper maintenance with snow removal, waterproofing and flashing on the decks, water will eventually penetrate the cracks and other holes and compromise the structural integrity of the logs. This rotting is evident being able to penetrate the log joists with a knife and a writing pen with little force. Timber Creek Lodge, Unit B5 & 810, 2883 Timber Creek Drive, Vail, CO #0405-17 K J k �Jik I �A 0 �L At this time it is hard to determine how much of the cantilevered log joists have been compromised of their structure. I recommend that the decking and any type of waterproofing and flashing should be removed to expose the log joists. At that time we should be called to try and determine how much of the log has been compromised and if they have any structural value left in them. We will then be able to determine if any of the deck joists can be used or if they need to be replaced entirely. If the decks need to be completely replaced we recommend cutting the existing log joists back to the exterior wall then apply a ledger to the exterior wall, provide new deck joists and a new beam with a support post at each end that bear on cast in place concrete footing and piers. If you would like to discuss this report, or if we can be of further service to you, please do not hesitate to contact us. Sincerely, "YV mtql� P t00 Jeffrey P. Leonardo, P. E. President Structural Design Solutions, Inc. Timber Creek Lodge, Unit 136 & 1310, 2883 Timber Creek Drive, Vail, CO #0405-17 3 BOX 2494 AVONP-0 .CO 81620 :n i 970.949.7100 Fm970.949.3377 "lutions Inc E N G INE E R I NG J k �Jik I �A 0 �L At this time it is hard to determine how much of the cantilevered log joists have been compromised of their structure. I recommend that the decking and any type of waterproofing and flashing should be removed to expose the log joists. At that time we should be called to try and determine how much of the log has been compromised and if they have any structural value left in them. We will then be able to determine if any of the deck joists can be used or if they need to be replaced entirely. If the decks need to be completely replaced we recommend cutting the existing log joists back to the exterior wall then apply a ledger to the exterior wall, provide new deck joists and a new beam with a support post at each end that bear on cast in place concrete footing and piers. If you would like to discuss this report, or if we can be of further service to you, please do not hesitate to contact us. Sincerely, "YV mtql� P t00 Jeffrey P. Leonardo, P. E. President Structural Design Solutions, Inc. Timber Creek Lodge, Unit 136 & 1310, 2883 Timber Creek Drive, Vail, CO #0405-17 3 n lutions .inc ENGINEERING Observation Report June 23, 2017 Mike Delain PMR Home Watch Re: Timber Creek Lodge, Unit B5 & B10 2883 Timber Creek Drive, Vail, CO Project No. 0405-17 P.O. BOX 2494 AVON.CO 81620 Pn970.949.7100 FAx970.949.3377 On June 22, 2017, at Mike Delain's request, I visited the property referenced above to observe the south side upper level decks of Unit B5 & B10 and provide my observations and opinions on the overall structural condition of the existing log deck joists. The opinions expressed in this report are based only on visual observation of the condition of the structure on this date, without disturbing any integrity of the residence. These opinions do not represent overall property review, structural analysis, or compliance with applicable building code. This report is a follow up on an original observation report that was completed on May 5, 2017. PERSONS PRESENT AT THE TIME OF VISIT: Mike Delain, property management representative. PURPOSE AND SCOPE: The purpose of this report is to evaluate and determine if the existing log deck joists of the above mentioned units have any structural integrity. We were also asked to provide recommendations of the remedial work that should be done on the decks where structural problems and or damage may have been observed. BACKGROUND: The properties are condominium units in a multi -unit development. These particular units are end units that share one common wall. There were no plans provided to me at the time of my visit. It was indicated to me by Mike that the building may have been built in the early 1980's. It appears that the building was constructed with a combination of cast in place concrete footings and foundation walls located over a crawlspace with log walls, log beams and log joists. Timber Creek Lodge, Unit 135 & 610, 2883 Timber Creek Drive, Vail, CO #0405-17 At the time of my visit I observed that the majority of the decking material had been removed. The log deck joists had their tops planed down leaving a flat surface for the decking to bear on and be attached. On each side of the flat surface of the log deck joists there appeared to be a strip of aluminum flashing. On the flat surface of the log joists there was some type of waterproofing membrane between the flashing. On some of the logs the waterproofing membrane was ripped and the log deck joists were exposed. In the areas that the log deck joists were exposed I observed rot in the log, (see image 1). 1 was able to remove the rot with my fingers with ease. I was also able to insert a six inch metal spike through one of the logs by easily tapping it with a hammer. I also noticed that one of the deck joists had been cut back and a scabbed on piece of log had been attached to it. This scabbed on piece was being held up by a rope at one end and the remaining to deck joists at the other end, (see image 2). Image 1 011 P.O. BOX 2494 AVON.CO 81620 �n PH970.949.7100 Fm 970.949.3377 70.949.3377 lutions Inc ENGINEERING At the time of my visit I observed that the majority of the decking material had been removed. The log deck joists had their tops planed down leaving a flat surface for the decking to bear on and be attached. On each side of the flat surface of the log deck joists there appeared to be a strip of aluminum flashing. On the flat surface of the log joists there was some type of waterproofing membrane between the flashing. On some of the logs the waterproofing membrane was ripped and the log deck joists were exposed. In the areas that the log deck joists were exposed I observed rot in the log, (see image 1). 1 was able to remove the rot with my fingers with ease. I was also able to insert a six inch metal spike through one of the logs by easily tapping it with a hammer. I also noticed that one of the deck joists had been cut back and a scabbed on piece of log had been attached to it. This scabbed on piece was being held up by a rope at one end and the remaining to deck joists at the other end, (see image 2). Image 1 011 In lutions Inc E IN GIN EE RI NG P. 0 -BOX 2494 AVON.CO 81620 PH970.949.7100 w970.949A377 a=*A CONCLUSIONS: At this time I feel that the cantilevered log deck joists are rotted out and have been compromised of their structural integrity. I feel that they are not safe and should no longer be used structurally. RECOMMENDATIONS: I recommend cutting the log deck joists back to the exterior log wall. Observation of the cut end section should be taken to see if there are any signs of rot where the log bears. If there are any signs of rot I should be called out to determine if the logs can support the imposed loading of upper floor and roof systems. If there are no signs of rot at the cut end section proper flashing and waterproofing should be used to prevent any more damage to the log joists. Also as stated in or previous report, if the owners want to replace the decks we recommend apply a ledger to the existing exterior wall, provide new deck joists and a new beam with a support post at each end that bear on cast in place concrete footing and piers. If you would like to discuss this report, or if we can be of further service to you, please do not hesitate to contact us. --- Sincerely, 5,9 '-1101 eff/r;y-PIP. Leonardo, P.E. President Structural Design Solutions, Inc. 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Archirecture :, Engineering I ConstrucriOn COrlsuhirIg B5 & B10 Timbercreek Balcony Description Existing Conditions Photos List StatusDRBi Design Items Open APPROVED 6/12/2019 12:00:00 AM Sheet Created 01 Aug 14, 2017 at 1:01 pm jim_marx@marxokubo.com Last Updated Aug 14, 2017 at 1:11 pm uE 12„ 2;a17 A 8141)�Rl�� Prepared by Derek Shields on Aug 14, 2017 2 : reated with PlanGrid B5 & B10 Timbercreek IIS Balcony Description Existing Conditions List Status Design Items Open DRB --" APPROVED 6/12/2019 12:00:00 AM Sheet Created 01 Aug 14, 2017 at 12:58pm jim_marx@marxokubo.com Last Updated Aug 14, 2017 at 1:10pm Prepared by Derek Shields on Aug 14, 2017 3 : reated with PlanGrid B5 & B10 Timbercreek Photos AoM gu 12, 217 a 8 Mani �# I Balcony Description Existing Conditions List Status Design Items Open DRB --" APPROVED 6/12/2019 12:00:00 AM Sheet Created 01 Aug 14, 2017 at 12:57p m jim_marx@marxokubo.com Last Updated Aug 14, 2017 at 1:10pm Prepared by Derek Shields on Aug 14, 2017 4 : reated with PlanGrid B5 & B10 TimbercreO, Photos DRB �k APPROVE[ a� 6/12/2019 Ao, gu,12, 2;1"a 8,II)am Prepared by Derek Shields on Aug 14, 2017 5 : reated with PlanGrid / f TOWN OF IL/ M• .0 r* .1: . �.1. TO: Vail Design Review Board FROM: Chris Neubecker, Planning Manager, Community Development Department DATE: July 17, 2019 SUBJECT: Appeal of DRB19-0234 (DiGregario / Gladkin Decks) The Community Development Department has received an appeal of a Design Review Board administrative approval for removal of decks at 2883 Timber Creek Drive, Unit 5B and 10B (Timber Creek Lodges Condominiums). The appeal is scheduled for review by the Design Review Board on August 21, 2019. Vail Town Code, Section 12-3-3 B3 requires the administrative official whose decision is appealed to forward to the Design Review Board at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal. As the project manager on this application, I am forwarding for your review a summary of all records concerning the subject matter of the appeal. No action is necessary for the Design Review Board at the meeting of July 17. Staff will provide a detailed review of the application and the appeal during the appeal hearing on August 21, 2019. DISTRICT COURT, EAGLE COUNTY, COLORADO.... _ 885 Chambers Ave.; P.O. Box 597 Eagle, CO 81631 DATE FILED: February 1, 2019 Phone:(970)328-6373 SE 0TVKVk280 Petitioner: MICHAEL GLADKIN AS SPECIAL TRUSTEE OF THE Case No.: 2017CV30280 VICTORIA A. GLADKIN REVOCABLE TRUST V. Div.: 1 Respondent: TIMBER CREEK LODGES CONDOMINIUM ASSOCIATION Involuntary Parties: LEO JAMES MARX; LAURA SMOCK; KIMBERLY J. SPERRY; DAVID D. DONALDSON; TIMBERCREEK A-4 LLC, a Texas Limited Liability Company; MACRINA DIGREGORIO; CYNTHIA HORVATH; MARILYN A. DOUGHERTY; ROBERT L. RASMUSSEN; PATRICIA A. RASMUSSEN; WILLIAM A. STELLENWERF, JR.; ELENA V. STELLENWERF F/K/A ELENA V. GARCIA; JENNIFER BAKER-STRASBURG; and DONALD P. STRASBURG ORDER RE: PENDING MOTIONS THIS MATTER is before the Court on the Motion for Summary Judgment of Timber Lodges Condominium Association, Marilyn Dougherty, Robert L. Rasmussen, Patricia A. Rasmussen, William A. Stellenwerf, Elena V. Stellenwerf, David D. Donaldson, Leo James Marx, Laura Smock, Kimberly J. Sperry, and Timbercreek A-4 LLC submitted by Respondent Timber Lodges Condominium Association ("Association"), Marilyn Dougherty, Robert L. Rasmussen, Patricia A. Rasmussen, William A. Stellenwerf, Elena V. Stellenwerf, David D. Donaldson, Leo James Marx, Laura Smock, Kimberly J. Sperry, and Timbercreek A-4 LLC (collectively, the Page 1 of 11 "Movants"), by and through counsel, on October 5, 2018 ("Motion"). On November 2, 2018, Petitioner Michael Gladkin as Special Trustee of the Victoria A. Gladkin Revocable Trust ("Gladkin") and Respondents/Co-Petitioners Macrina DiGregorio ("DiGregorio") and Cynthia Horvath ("Horvath") (collectively "Petitioners") submitted, by and through counsel, their Combined Response to Various Parties' Motion for Summary Judgment ("Response"). On November 30, 2018, the Movants submitted, by and through counsel, their Reply in Support of Motion for Summary Judgment of Timber Lodges Condominium Association, Marilyn Dougherty, Robert L. Rasmussen, Patricia A. Rasmussen, William A. Stellenwerf, Elena V. Stellenwerf, David D. Donaldson, Leo James Marx, Laura Smock, Kimberly J. Sperry, and Timbercreek A-4 LLC ("Reply"). Having considered the Motion, Response, and Reply, and arguments of counsel, the Court enters the following Order.1 I. INTRODUCTION Timber Creek Lodges Condominiums ("Timber Creek") is a condominium complex located in Vail, Colorado. It comprises ten units and two buildings, Buildings A and B. Building A has four units and Building B has six units. The Association is the unit owners' association which governs Timber Creek. Petitioners Horvath and DiGregorio own Units B5 and Gladkin owns Unit B10. This matter arises out of the deteriorating condition of certain log beams (the `Beams") that provide structural support for the two upper level Limited Common Element ("LCE") decks (the "Decks") allocated to Units B5 and B10. Mr. Gladkin initiated this action on November 17, 2017, by the filing of the Petition for Declaratory Judgment (the "Petition"). The Claims for Relief in the Petition and Counterclaims for Relief averred in the 1 This Order shall also resolve Petitioner's Motion for Partial Summary Judgment submitted November 20, 2018 and fully briefed, as well as Petitioner's Motion for a Determination of a Question of Law submitted December 21, 2018 and fully briefed. Page 2 of 11 Association's First Amended Counterclaims submitted September 24, 2018 ("Counterclaims") both seek declaratory relief pursuant to C.R.C.P. 57 and C.R.S. § 13-51-101. The parties dispute the method by which to resolve the structural problems associated with the deteriorating Decks. Gladkin's solution is to reconstruct new Decks to their original dimensions of 6.35 feet deep by 13.50 feet wide on post and piers which then would sit on a water line easement for the benefit of the Eagle River Water & Sanitation District. See Exhibit D to Motion. The Board's position is to modify the dimensions of the Decks to that of a Juliet balcony with dimensions of 16 inches deep by 13.50 feet wide. The issues before the Court are whether the Association has the authority to modify the dimensions of the Decks by the Amendment of the Condominium Map for Building B of Timber Creek Lodges Condominiums to Change the Dimensions of the Upper Level LCE Decks for Units B5 and BIO ("Amendment of the Condominium Map") and, if so, whether it did so properly and in accordance with the law. See Exhibit H to Motion. By the Motion, the Movants request the Court to enter an Order determining that: (1) the Amendment of the Condominium Map was duly approved by the unit owners of the Association; (2) the Amendment of the Condominium Map changes the dimensions of the upper level Decks at Units B5 and B10; (3) the Association is authorized, pursuant to the duly approved Amendment of the Condominium Map and amended Declaration and Condominium Map to repair the Decks as Juliet balconies at the dimensions of 16 inches deep by 13.50 feet wide; (4) the Petition is dismissed with prejudice; (5) the Association's counterclaims are dismissed with prejudice; judgment enter against Mr. Gladkin, as Special Trustee for the Victoria A. Gladkin Revocable Trust, for the Movants' reasonable attorney fees and costs; and (6) for such other relief as the Court deems proper. Motion, at 21. Page 3 of 11 Il. STANDARD OF REVIEW2 Summary judgment under C.R.C.P 56(a) is appropriate "when the pleadings and supporting documents clearly demonstrate that no issues of material fact exist and the moving party is entitled to judgment as a matter of law." A. C. Excavating v. Yaht Club H Homeowners Assoc., Inc., 114 P.3d 862, 865 (Colo. 2005). Summary judgment is designed to avoid unnecessary trials and is proper when no genuine issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. C.R.C.P. 56; Terrell v. Walter E. Heller & Co., 439 P.2d 989, 990-91 (Colo. 1968). To merit summary judgment, the facts must be clear and undisputed. Morlan v. Durland Trust Co., 252 P.2d 98, 100 (Colo. 1952). A material fact is a fact that will determine the outcome of a case. Peterson v. Halsted, 829 P.2d 373, 375 (Colo. 1992). A factual issue that is not material will not prevent the entry of summary judgment. Svanidze v. Kirkendall, 169 P.3d 262, 264 (Colo. App. 2007). The movant bears the initial burden of demonstrating the lack of a genuine issue of material fact.3 Schultz v. Wells, 13 P.3d 846, 848 (Colo. App. 2000). Once the movant demonstrates that there is an absence of a genuine issue, the burden shifts to the nonmovant to show that an issue does exist. McCormick v. Union Pac. Res. Co., 14 P.3d 346, 349 (Colo. 2000). In determining the existence of a genuine issue of material fact, a court is to grant a non-moving party the benefit of all favorable inferences reasonably drawn from the facts and is to resolve all doubts in favor of a non-moving party. Jenkins v. Panama Canal Ry. Co., 208 P.3d 238, 241 (Colo. 2009). The nonmoving party "may 2 The Court addresses Petitioners' issues with regard to the Movants' submission of this Motion pursuant to C.R.C.P. 56 in this Order infra. 3 In those situations in which the movant would not bear the burden of persuasion at trial, the movant's initial burden of production may be satisfied by demonstrating an absence of evidence in the record supporting the nonmovant's case. Cont'1 Airlines, 731 P.2d at 712, citing Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). In other words, if a defendant moves for summary judgment, he may argue that the record contains no evidence on which a plaintiff could prevail. Page 4 of 11 not rest upon the pleadings, but must present specific facts demonstrating the existence of disputed facts." Snook v. Joyce Homes, Inc., 215 P.3d 1210, 1218 (Colo. App. 2009). I11. ANALYSIS The Court first addresses whether the Association has the authority to change or modify the dimensions of the Decks. The Movants assert that the Association has such authority pursuant to its governing documents and the Colorado Common Interest Community Act, C.R.S. § 38-33.3-101, et seq. ("CCIOA"). The Association is subject to CCIOA. Motion, at 10; see Exhibit I to Motion, Timber Creek Lodges Condominiums Statement of Election to Accept the Provisions of the Colorado Common Interest Ownership Act. In support of their argument, the Movants assert that the Association has the right to "repair the Decks as Juliet balconies" pursuant to CCIOA which gives the Association the authority to "' [r]egulate the use, maintenance, repair, replacement, and modification of common elements [emphasis added]."' Motion, at 7; see C.R.S. § 38-33.3-302(1)(f). As noted by the Movants, a LCE is part of the common elements by definition pursuant to the Declaration and CCIOA. Motion, at 7; see Exhibit E to Motion, Declaration, Section 1(e); see also C.R.S. § 38-33.3-103(19). In addition, the Beams are common elements in the Declaration. Motion, at 7; Exhibit E to Motion, Declaration, Section 1(d)(2). The Movants note that the Decks are not included within the definition of a "unit" under the Declaration. See id. The Movants posit that the First Amendment to Condominium Declaration for Vail Intermountain swim and Tennis Club Condominiums [Now Known as Timber Creek Lodges Condominiums] ("First Amendment to the Declaration")4 provides that the Declaration and Map may be amended by a majority vote of the unit owners of the Association, measured by one vote per unit. Motion, at 15; see Exhibit G to 4 The First Amendment to the Declaration was recorded at reception number 2008801243 on January 18, 2008 in the records of the Eagle County Clerk and Recorder. Page 5 of 11 Motion, First Amendment to the Declaration, page 2, para. 17(a). C.R.S. § 38-33.3-217(1)(a)(I) provides, in pertinent part: ... that the declaration, including the plats and maps, may be amended only by the affirmative vote or agreement of unit owners of units to which more than fifty percent of the votes in the association are allocated or any larger percentage, not to exceed sixty-seven percent, that the declaration specifies. Motion, at 15. C.R.S. § 38-33.3(217)(4)(a) requires at least sixty-seven percent of the unit owners to approve a "change in the boundaries of any unit or the allocated interests of a unit." Motion, at 15. The Movants add that any amendment to the Declaration also requires approval by a majority of "Eligible First Mortgagees." Motion, at 15; Exhibit G to Motion, First Amendment to the Declaration, paras. 17(d)(i) and (ii). An Eligible First Mortgagee is defined by the First Amendment to the Declaration as a First Mortgagee that provided the notice to the Association as required by paragraph 17(d)(ii) of the First Amendment to the Declaration. Motion, at 15; Exhibit G to Motion, First Amendment to the Declaration. No First Mortgagee provided the required notice as confirmed by the affidavit of Kimberly Sperry, President of the Association. Motion, at 15; Exhibit K; Affidavit of Kimberly Sperry, Para. 29. As such, there are no Eligible First Mortgagees to be taken into account respect to approval of the Amendment of the Condominium Map. Motion, at 15. In response, Petitioners argue that the Amendment of the Condominium Map does not give the Association the "legal right to remove" the Decks. Response, at 3-4. "Petitioners dispute that anything other than a unanimous vote of the Unit Owners of Building B could authorize the actual, physical destruction of common elements associated with Building B" which Petitioners claim is "owned jointly and severally, in undivided interests, by the unit owners of Building B" but do not proffer support for this argument. Response, at 3. Page 6 of 11 Specifically, Petitioners argue that voting percentage is or should be based on a percentage of square footage of units in Building B. Id. at 5, 8, and 10. The Movants reply that the First Supplement to Condominium Declaration for Vail Intermountain Swim and Tennis Club Condominiums (the "First Supplement") upon which they state Petitioners rely, does not address voting requirements. Reply, at 7; Exhibit T attached to Motion, First Supplement. As discussed supra, the First Amendment expressly provides that the Declaration and Condominium Map may be amended by a majority vote of the unit owners of the Association, measured by one vote per unit. As such, the Court finds Petitioners' argument with regard to voting percentage based on square footage of units in Building B to be unsupported and without merit. Petitioners also assert in the Response that "[n]othing in the Declaration, CCIOA, or Colorado law, allows for an [a]ssociation.... to have the power to destroy those owners' real property interests by a simple majority vote authorizing the recording of an inaccurate map." Id. Petitioners misstate the issue. The issue is neither the "legal right to remove" the Decks nor the Association's power to destroy real property interests of unit owners by a simple majority; rather, in the matter before this Court, the issue is whether the Association has the authority to "repair" or "modify" the Decks resulting in changed dimensions of such Decks. The Court finds that pursuant to the Association's governing documents and CCIOA, as discussed supra, the Association has such authority. The Court next addresses the second issue of whether the Amendment of the Condominium Map was properly approved and adopted by the unit owners. Petitioners concede that "it is undisputed that the language of the Amendment of the Condominium Map voted on purports" to "change[] the dimensions of the Decks on the [Condominium] Map for purposes of the Declaration to 16 inches deep by 13.50 feet wide." Response, at 8. However, Petitioners Page 7 of 11 assert that the "legal significance" of the vote is "highly disputed." Id. Petitioners then refer to their Motion for a Determination of Question of Law, now ripe, and state that it "asks the Court to confirm the legal impotency of the vote." Id.; see Petitioners' Motion for a Determination of a Question of Law, at 5. The First Amendment to the Declaration provides the events necessary to render an amendment effective which includes an approved writing, certificate by the Association, and recording. See Exhibit G to Motion, First Amendment to the Declaration, para. 17. Accordingly, the Court evaluates whether such requirements have been satisfied by the Board. As noted by the Movants, the Board presented the Amendment of the Condominium Map to the owners at the Association's Annual Meeting on July 14, 2018. Motion, at 8; Exhibit A to Motion, Affidavit of Bryan Sperry, para. 22. A Ballot for approval or disapproval of the Amendment of the Condominium Map was provided to the unit owners at the Annual Meeting ("Ballot"). Motion, at 8; Exhibit A to Motion, Affidavit of Bryan Sperry, para. 22. The Ballot provides for the notarized signature of the unit owner casting the vote for a particular unit. Motion, at 11; Exhibit J to Motion, Ballot. The Board prepared a drawing for the unit owners' reference titled Partial Improvement Survey Plat/Topographic Survey ("Reference Drawing") to be attached to the Amendment of the Condominium Map, which shows the change in the depth of the Decks at Units B5 and B10 to 16 inches. Motion, at 11; Exhibit A to Motion, Affidavit of Bryan Sperry, para. 23; see Exhibit C to Motion, Affidavit of Kimberly Sperry, para. 13; see also Exhibit K, Reference Drawing. The Movants state that a Notice of a special meeting of the Association (the "Special Meeting"), along with the Amendment of the Condominium Map, the Ballot, and the Reference Drawing, was mailed by Kimberly Sperry to the unit owners by certified mail on August 16, 2018 ("Notice"). Motion, at 11; Exhibit C to Motion, Affidavit of Kimberly Sperry, para. 14; Exhibit L to Motion, the Notice. The Board also provided a proxy Page 8 of 11 ("Proxy") to the unit owners authorizing the Board to accept a Ballot returned by mail or email in lieu of personal acceptance of the unit owner casting the vote. Motion, at 11; Exhibit M to Motion, Proxy. The Proxy was sent to each of the unit owners with the Notice. Motion, at 11; Exhibit C to Motion, Affidavit of Kimberly Sperry, para. 17. At the Special Meeting, Ms. Sperry reported that there were eight (8) votes in favor and two (2) against the Amendment of the Condominium Map. Motion, at 13; Exhibit C to Motion, Affidavit of Kimberly Sperry, para. 23. The votes were then certified by an independent third -party account firm, Haynie & Company, Certified Public Accountants, on September 4, 2018 ("the Verification"). Motion, at 13; Exhibit C to Motion, Affidavit of Kimberly Sperry, para. 26; see Exhibit P to Motion, Verification. Pursuant to the Ballots and the Verification, eighty percent (80%) of all unit owners approved the Amendment of the Condominium Map. Motion, at 13; Exhibit P to Motion, Verification; see also Exhibit Q to Motion, Ballots. A Certification of the vote on the Amendment of the Condominium Map was executed indicating that the Amendment of the Condominium Map was approved by the unit owners of the Association as required by the First Amendment and CCIOA. Motion, at 13-14; Exhibit C to Motion, Affidavit of Kimberly Sperry, para. 28; Exhibit O to Motion, Affidavit of Patricia Rasmussen, para. 10; Exhibit S to Motion, Certification (recorded).5 The Court determines that the requirements enumerated in the First Amendment to the Declaration have been satisfied thereby rendering the adoption of the Amendment of the Condominium Map effective.6 As a final matter, the Court addresses Petitioners' contention that the Motion was not brought properly under C.R.C.P. 56. Petitioners contend that the Court may not enter summary s The Certification was recorded at reception number 201816643 in the records of the Eagle County Clerk and Recorder on September 28, 2018. 6 "Condomium Map" is a term defined in the Declaration at Section 2. Page 9 of 11 judgment because a claim has not been pled relating to the adoption of the Amendment of the Condominium Map. Response, at 2. The Movants reply that no claim could have been pled by the Association or any of the other Movants because the Amendment to the Condominium Map had not occurred when the pleadings were filed. Reply, at 12. The Movants express their willingness to amend the Counterclaims to conform to the changed circumstances regarding the adoption of the Amendment to the Condominium Map. Id. at 13. The Movants maintain that Petitioners are arguing form over substance. Id. The Court accepts the Movants' willingness to amend the Counterclaims to conform to the pleadings. The Court notes that the Petition initiating this action was filed on November 17, 2017. As such, and in the interest of ensuring an efficient and fair resolution of this already protracted matter, the Court accepts the arguments proffered in the Motion and deems it appropriate to grant the relief requested by the Movants. IV. ORDER IT IS ORDERED: 1. The Court hereby GRANTS the Motion and finds and orders as follows: a. The Amendment of the Condominium Map was duly approved by the unit owners of the Association; b. The Amendment of the Condominium Map changes the dimensions of the upper level Decks at Units B5 and B10; c. The Association is authorized, pursuant to the duly approved Amendment of the Condominium Map and amended Declaration and Map to modify the Decks as Juliet balconies at the dimensions of 16 inches deep by 13.50 feet wide; d. The Petition is dismissed with prejudice; and Page 10 of 11 e. The Association's Counterclaims are dismissed with prejudice. 2. Petitioner's Motion for Partial Summary Judgment is DENIED. 3. Petitioner's Motion for Determination of a Question of Law is DENIED. 4. The Court in its discretion determines that the Association to be the prevailing party for purposes of attorney fees and costs pursuant to C.R.S. § 38-33.3-123(1)(c) and awards the Association its reasonable attorney fees and costs in this action. 5. Counsel for the Movants shall submit the amount of attorney fees and costs within twenty-one (2 1) days of the date of this Order pursuant to C.R.C.P. 121, §1-22 (1) and (2). So Ordered this 1St day of February, 2019. BY THE COURT: BY THE COURT: Reed Owens District Court Judge g%NED cp 0 9� m Q LMTY, CD�O Page 11 of 11 _...._.._..... ....................... DISTRICT COURT EAGLE COUNTY, COLORADO Court Address: 885 Chambers Avenue, P.O. Box 597, Eagle, CO, 81631-0597 1.IL,ll..11::. ++,1°r� nl .� 2019, , °f u: ] ..... ...�.......... • � . ._ �,,,Mw,��...�� Plaintiff(s) MICHAEL GLADKIN d,�,`.fII °I"tidlA ,� II S:?iu 201'/n wi34°'9280 V. Defendant(s) TIMBER CREEK LODGES CONDO ASSOC et al. Q COURT USE ONLY Case Number: 2017CV30280 Division:1 Courtroom: ....._._... _. _.. . .......... Order: Proposed Order Granting FORTHWITH MOTION TO STAY EXECUTION / PROCEEDINGS TO ENFORCE JUDGMENT PENDING DETERMINATION OF APPEAL AND FOR APPROVAL OF SUPERSEDEAS BOND The motion/proposed order attached hereto: DENIED. Plaintiff moves this Court to stay execution of the association modifying the deck attached to his unit, the subject matter of litigation. This request is made pursuant to CRCP 62(b)(3)&(4). The Court has reviewed the motion, response, and reply. The Court DENIES Plaintiffs request. This Court issued an order February 1, 2019, granting Motion for Summary Judgment on behalf of the Association. In that ruling the Court found that the Association had appropriately modified the declarations thereby authorizing the modification of the unit decks as necessary. In this case the requested modification involves converting the deck to a "Juliet balcony." Mr. Gladkin filed notice of appeal on February 19, 2019. By virtue of the Courts February 1 order, the Association has the authority to modify the decks as necessary. This is the law of the case. The Court DENIES the motion for stay of execution. Issue Date: 4/15/2019 REED W OWENS District Court Judge Pagel oft . . . . . . . .......... . .................. . - 11- -111- ... ...... . ...... . . . . .................. . —11-- ... ............... . ....... DISTRICT COURT, EAGLE COUNTY, COLORADO Court Address: 885 Chambers Avenue P.O. Box 597 Eagle, CO 81631 6373 T.elllej ,No.. (970 328 ................ Petitioner: MICHAEL CIL ADKIN AS SPECIAL TRUSTEE OF THE ''VICTORIA A. GLADKIN REVOCABLE TRUST A COURT USE ONLY A ............. – ......... V. Case No. 201.7 CV 30280 Respondent Div.: 4 TIMBER CREEK LODGES CONDOMINIUM ASSOCIATION Involuntarily Joined Parties: LEO JAMES MARX; LAURA SMOCK; KIMBERLY J. SPE Y; DAVID H. DONALDSON; TIMBERCREEK A... 4 LLC, a Texas Limrated .Lia bifity Company; MACRINA DIGRECLO RIO; CYNTHIA HORVAT H; MARILYNA. DOUGHERTY; ROBERT L. RASMUSSEN; PATRICIA A. RASMUSSEN; WILLIAM A. STEL LEN JR.; ELENA V. STELLENWERF A/K/A ELENA V. GA] CIA; JENNIFER BAKER-STRASBURG; and DONALD P. STRASBURG .. . . . .......... ORDER GRANTING FORTHWITH MOTION TO STAY EXECUTION PROCEEDINGS TOENFORCE JUDGMENT PENDING DETERMINATION OF APPEAL, AND FOR APPROVAL OF SUPERSEDEAS ON ---------- - - --- . . . ........................... . . . . . . . "I"... .. ..... . . . ........... . ... ........... . — UPON Petitioners' Motion to Stay Execution/Proceedings to Enforce Judgment Pending Determination of.Appeal and for Approval of Supersedeas Bond, and the Court being advised in the matter', IT IS ORDERED that, Petitioners' Motion be andhereby is granted. Enforcement of and any actions taken upon or pursuant to the court's Orden re Pending Motions dated :Feb. 1, 2019 is hereby stayed during the pendency of Petitioners' request for approval of supersedeas bond arid throughout the pendency of their appellate action, Such a stay is needed to prevent irreparable harm from befalling the LCE decks and associated building which were essential elements of the subject matter of this case, should their appeal be successful and this Court's orders reversed or otherwise remanded. F , t IT IS FURTHER ORDERED that as a condition of the stay granted by this Order; Respondent shall, within 72 hours of this Order, post a supersedeas bond in the sum of$1,.00=as security for protection of Respondent. `" Date: _._ Disr,ict-Court g .............w Judge R. Oen .............................. a 2 NOTES Cha DD A 1%p 7 0) m MUL 6H4EIRADUHITAgH WON AHO UEHHOS (CLUB COHDORPHOUNS rmsliumnmr, m WHO A FORMORK OW vnl,', DE2"MOMMU summyoslam, plocK -',3 mo 'k -�oon-mm w lrm--g sy v4, SH700H N, U� 5 S, P. 011 �K. VM F.K. ga%m caum7y, cmm%oa PLANNING COMMISSION APPROVAL SURVEYOR'S CERTIFICATE PC— D LkND SURVEYS FB SCALE 1" 4 as OWNER'S CERTIFICATE N S. . ......... NOTARY CERTIFICATE TITLE COMPANY CERTIFICATE —A TREASURER'S CERTIFICATE CLERK AND RECORDER'S CERTIFICATE a 30 00 COOMDDOoROHOUR A&T, POP VAOL OHIMIRMOUHT'AOM SMA AND irmm os CLUB CONDOMONOMMS Q 6 �U P e s; ,.oer a -- oFT t__ —__.— =--i.a r -f _—ITls e Iia a UPPER dCNCd J I i .o "Vi -IT s UNIT to y e UNIT —T 7 o UNIT IB ' --- LING 6RAOM LGMGL SCALE IN 1' D RRCKIUND LAND SURVEYS camno'NOMBUN K,%[P FOR VLM omirERROUHT&ON MON AND TENNIS CLUB CONDOMINIUMS omasg T,7 BunDal SNIT 5 MLwA M�F� Wd SEC490H A- A UNITS I II. -T 1. 7 Ad #: 0000464132-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 8/2/2019 and that the last publication of said notice was dated 8/2/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 8/2/2019. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 8/2/2019. Pamela J. Schultz, Notary Public My Commission Expires: November 1, 2019 PAMELA J. SCHULTZ NOTARY PtIIp,1C. s ATS OF COLORApO NOTARY BJ g199940303T5 Foy Co.mmisslcn Exrres N,wsmher1.20'IH PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Design Re - hew Soartl of the Town of Voll will hoitl pubk aring nn August 21, 2019 at 3:00 p m. in the Town of Vail Municipal BWd,,,g, 75 South FrontagE Roatl —1, Vaii, C.I.— An an p .al, pursuant to Snetion 12-3-3, Appeals. Vai ow Ca Ttlo, of an approval by the Community Da to t Depp,hment bf the DiGregoriVGlatlkln Decks 2017 (o RB19-0234) ce .ming re oval o xiseng rotlotl tlm+eks locatotl at2833 Tlmbor Creak Drive, Unit 5B antl I.B, Vail Intermountain Develop ant Subdivision, Block 4, Lot 8, also ib— a Timber Creek Lotlges antl s, -q I— tlelalls N re- gartls mento. TOWN OF VAIL COMMUNITY DEVELOPMEW Puhllshotl In tho Vall Dalry August 2, 2019 0000464132 Please oall 970479-2138 for aWN-1 lnlonnatial. Sign language lnteryretatlon available upon r,q— ",th 24-hour nntilicatinn, hial 711. Ad #: 0000470299-01 Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM Your account number is: 1023233 PROOF OF PUBLICATION VAIL DAILY STATE OF COLORADO COUNTY OF EAGLE I, Mark Wurzer, do solemnly swear that I am Publisher of the VAIL DAILY, that the same daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The VAIL DAILY is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 8/16/2019 and that the last publication of said notice was dated 8/16/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/20/2019. Mark Wurzer, Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 9/20/2019. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 .1 ERE Ll7 MMM YNN MMMA P�7pRW f+il.9C, tareatcuto NOSAftY IQRpidi079i9A MV J