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HomeMy WebLinkAboutPEC070076 DRB070709 Appeall MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: April 1, 2008 SUBJECT: An appeal of the Town of Vail Planning and Environmental Commission' and Design Review Board's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Exterior Alteration or Modification, Vail Town Code, to allow fd4the re- development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1. (PEC070076/DRB070709) Appellant: 286 Bridge Street Inc., represented by Carlson, Carlson and Dunkelman, L.L.C. PEC Representative: Rollie Kjesbo — Vice Chair DRB Representative: Pete Dunning — Vice Chair SUBJECT PROPERTY The subject properties are located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, on the east side of Bridge Street and to the South of 286 Bridge Street (aka the A & D Building). The Appellant, 286 Bridge Street, Inc. is appealing the Planning and Environmental Commission's January 14, 2008, approval, and the Design Review Board's January 16, 2008, approval of an application for a major exterior alteration, to allow for the re- development of the Rucksack Condominium Building and the Scott Building. II. STANDING OF APPELLANT The Appellant, 286 Bridge Street, Inc, represented by Carlson, Carlson and Dunkelman, has standing to file an appeal as the owner of 286 Bridge Street, Lots A, B and Part of Lot C, Block 5A, Vail Village Filing 1. III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Planning and Environmental Commission and Design Review Board's approval of a major exterior alteration, pursuant to Section 12 -713-7, Exterior Alteration or Modification, Vail Town Code, to allow for the re- development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1. (PEC070076/DRB070709). Pursuant to Sub - section 12- 3 -3 -05, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met." IV. BACKGROUND Planning and Environmental Commission Approval On January 14, 2008, the Planning and Environmental Commission approved, with conditions, an application (PEC070076) for a major exterior alteration, pursuant to Section 12 -7B -7, Vail Town Code, to allow for the remodel and addition to the Scott Building and Rucksack Condominium Building. The plans approved include the remodel and addition to the existing Rucksack Condominium building, as well as the construction of a new second story building element to be constructed over the existing Scott Building (aka. The Burton Store). The Scott Building is located directly adjacent to the A & D Building and approved improvements are to be constructed on the common property line between Parcel A (A & D Building) and Parcel B (Scott Building), part of Lot C and Lot D, Block 5A, Vail Village Filing 1. The conditions of approval are as follows: "1. The Developer shall be required to provide a building code and fire code analysis with any submittal for building permit, 2. The Developer shall address any and all issues and provide all necessary details related to trash storage and access located on the east side of the Bridge Street Building (a.k.a. The Rucksack Condominiums Building and Scott Building), in conjunction with any Design Review application. 3. The Developer shall resolve all issues regarding drainage from the existing and proposed building(s) on to adjacent properties; the provision of gutters, downspouts and other drainage methods tied into existing Town of Vail storm sewer improvements may be required as revisions to building permit set of drawings with any building permit application. 4. The Developer shall submit final details in conjunction with any Design Review application for final review, depicting any and all necessary hardscape, grading and drainage improvements at the rear (east) side of the combined properties, for the specific purpose of providing adequate and code compliant egress from the Rucksack Condominiums Building to a public way. 5. The Developer shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and that any portions of the building that need repair and /or replacement are included in the scope of this project in conjunction with any Design Review application. 6. The Developer shall submit a Design Review application for any and all new exterior signage for the property; a sign program pursuant to Section 11 -8 -2, Vail Town Code will be required. 7. The Developer shall be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumens /output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application. 8. That the Developer pays in full, the employee housing mitigation fee, as established by the Town of Vail Staff and in accordance with Title 12, Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town 2 Code, prior to the issuance of the building permit for The Bridge Street Building project. 9. That the Developer pays in full, the traffic impact fee, as established by the Town of Vail Staff based on the net increase in trip generation, prior to the issuance of the building permit for The Bridge Street Building project. 10. The Developer shall, within 24 hours following any action by the Planning and Environmental Commission to approve File No. PEC070076, present to the Town of Vail Community Development Department a plan to mitigate and otherwise rectify the existing conditions of the Rucksack commercial space. Such plan shall be implemented within forty -eight (48) hours of any such final approval by the Planning and Environmental Commission and shall specify the means of providing screening or other window covering, treatment or concealment on all windows with visibility from, and /or frontage on Bridge Street for the purpose of concealing any and all unsightly construction activity occurring within the commercial space located at 288 Bridge Street. " Design Review Board Approval On January 16, 2008, the Design Review Board approved, with conditions, an application (DRB070709) for a major exterior alteration, pursuant to Section 12 -11, Design Review, Vail Town Code. The plans approved include construction of a new second story building element to be constructed over the existing Scott Building (aka. The Burton Store), directly adjacent to the A & D Building and constructed on the common property line between Parcel A (A & D Building) and Parcel B (Scott Building), part of Lot C and Lot D, Block 5A, Vail Village Filing 1. V. DISCUSSION ISSUES For a complete description of the Bridge Street Building major exterior modification, please refer to the attached January 14, 2008, Staff memorandum to the Planning and Environmental Commission (Attachment A). The appeals form and letter from the Appellant are included for reference (Attachment B). On February 4, 2008, the Town of Vail Community Development Department received an appeal with regard to the Planning and Environmental Commission's action to approve the aforementioned major exterior alteration. On February 5, 2008, the Town of Vail Community Development Department received an appeal with regard to the Design Review Board's action to approve the aforementioned major exterior alteration. On March 4, at the request of the Appellant, the Town Council unanimously voted to table the appeal hearing to the regularly scheduled meeting of March 18, 2008, to allow the Appellant and the adjacent property owner (the "Developer ") to work towards a mutually agreed upon resolution to the design related issues being appealed. On March 18, at the request of the Appellant, the Town Council unanimously voted to table the appeal hearing to the regularly scheduled meeting of March 18, 2008, to allow the Appellant and the adjacent property owner (the "Developer ") to work towards a mutually agreed upon resolution to the design related issues being appealed. 3 Staff is of the understanding that the Appellant and the adjacent owner have reached tentative agreement at this time to pursue alternative design solutions to mitigate any potentially negative impacts from development of the Bridge Street Building. However, Staff has not received a formal notice of "withdraw" from the Appellant for the above referenced appeal at the time of writing. The nature of both the Planning and Environmental Commission appeal and the Design Review Board appeal is based on the following: Pursuant to Section 12 -7B -1, Purpose, Vail Town Code (in part) "The commercial core 1 district is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The commercial core 1 district is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the village." Appeal That the applicant did not meet its burden of proof and that the Commission and the Review Board erred in granting the requested approval by not appropriately applying the purpose of the zone district, specifically by not ensuring adequate light and air to the permitted uses of 286 Bridge Street (A & D Building). That the approved wall on the second floor of the Scott Building will be flush with the approved, existing window bay of the A & D Building and, therefore, that the wall will block light, and air for the A & D Building. 2. Pursuant to Section 12 -7B -7, Exterior Alterations or Modifications, Vail Town Code (in part): "That the proposal does not otherwise negatively alter the character of the neighborhood" Appeal That the Commission and the Review Board erred in granting the requested approval by not appropriately applying the purpose of the zone district. Specifically, that 286 Bridge Street (A & D Building) is part of the "neighborhood" and that the approved wall on the second floor of the Scott Building will alter the character of the neighborhood as it relates to 286 Bridge Street (A & D Building). The approved plans indicate a second story wall enclosing new residential floor area above the existing Scott Building (aka. The Burton Store). The wall in question is proposed to be built on property line ( "zero lot line "), as permitted by zoning regulations and the adopted Town of Vail Building Code. The adjacent A & D building includes two sets of window "wells" for second and third story bedrooms, positioned on the southernmost side of the A & D Building. Such wells were approved with the original building plans for the A & D Building 12 and do provide light, air and egress out of approved, permitted bedrooms. However, such windows, as constructed within one foot of the property line, would not necessarily meet the Town's current code requirements for egress; the windows provide exiting onto an adjacent property, and in this case the roof of the adjacent building. In addition, it is the opinion of Staff that the approved plans to constructed portions of the Bridge Street Building on the common property line are in compliance with zoning regulations and the Town's adopted Building Code, and that the Appellant and the Developer should pursue alternative solutions allowing for the mitigation of any adverse impacts to the provision of adequate air and light to the A & D Building without compromising the proposed project or the intent of the CC1 District. Staff believes the approved plans are otherwise in compliance with purposes of the CC1 District; are consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan; do not otherwise negatively alter the character of the neighborhood; substantially comply with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations; and substantially comply with all other elements of the Vail Comprehensive Plan. A reduced copy of the approved plans are attached for reference (Attachment C). VI. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12 -3 Administration and Enforcement (in part) Section 12 -3 -3: Appeals (in part): C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person "means any person who will sufferan adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 5 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. VII. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Town of Vail Planning and Environmental Commission's approval, with conditions, and the Design Review Board's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Exterior Alteration or Modification, Vail Town Code, to allow for the re- development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1. On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met. Should the Town Council choose to uphold the Town of Vail Planning and Environmental Commission's approval, with conditions, and the Design Review Board's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Exterior Alteration or Modification, Vail Town Code, to allow for the re- development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1; the Community Development Department recommends the Town Council make the following findings: 1. "The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is in compliance with the purposes of the CC1 district as specified in section 12 -7B -1 of this article; 2. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan; 3. The proposed major exterior alteration, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, does not otherwise negatively alter the character of the neighborhood; 4. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations; and 5. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with all other elements of the Vail Comprehensive Plan. " Should the Town Council choose to modify the Town of Vail Planning and Environmental Commission's approval, with conditions, and the Design Review Board's approval of a major t: exterior alteration, pursuant to Section 12 -7B -7, Exterior Alteration or Modification, Vail Town Code, to allow for the re- development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto; the Community Development Department recommends the Town Council modify the approval by adding a condition, condition No. 11 of the major exterior alteration, as follows: "1) Prior to submitting any application for building permit, the Developer shall revise the plans and shall be required to submit such revised plans for Design Review, to include modifications to alignment and position of the northernmost exterior wall of the Bridge Street Building, to specifically allow for a minimum of three feet of clearance between the common property line between Parcels A and B, Block 5A, Vail Village Filing 1, and the northernmost exterior wall of the Bridge Street Building to allow for adequate air and light to 286 Bridge Street (aka. The A & D Building). " The Community Development Department recommends the Town Council make the following findings: 1. "The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is in compliance with the purposes of the CC1 district as specified in section 12 -7B -1 of this article; 2. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan and the Vail Comprehensive Plan; 3. The proposed major exterior alteration, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, does not otherwise negatively alter the character of the neighborhood; 4. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations; and 5. The proposed major exterior alteration, located located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, substantially complies with all other elements of the Vail Comprehensive Plan. " VIII. ATTACHMENTS A. Staff memorandum of January 14, 2008, to the Planning and Environmental Commission B. Appeals form and letter from the Appellant C. Reduced copy of approved plans D. Public Notice 7 a sI I� IF lid ' D xt j I I lij m 4 1 Eli " 0 1 Fi �� �� +����� I ke X� _ "3 a rR I�lal Nil Ig IT g m-- - 11 � II Ill 111 111 II I III 111 z'J H— iu. HM co L2 L4 911 TR TG .. A PI aG� Fs ---------- T Co CO) I C 2 1 1 'i C) c, C) cn 4 Cz ci C I )) J a i HUI ss O �pa — > �g � a td k � g ;a. R� 8 I r D z 0 , A If ff iz I I I I II I� II I M "J BRIDGE ST. BUILDING° R° m f I y A N LOTS C MID D, BLOCK S-A, VAIL VLLLAGE 1 ST FILING /1 Z O j= m n m UNITti L' -1, t2 h ".1; 3nM1 NRIIXI STREET f g l VAIL. COLOI —I 81451 Ezll d 3 g n RROIECT AB121 ✓€ r D z O A � j = i z �rn o< rn MULM Y z BRIDGE ST. BUILDING LOTS C AHD D. HLOCS 1- -IQ IST"Ll- g R e,. 5 m r UNITti11.1= ]Rt' -3; TPR -.1. S—T F - V -1. cmo.UO —S, 6 E T y n m YPOIECT 111121 r D� z 0 , Z � Y Z BRIDGE ST. BUILDING Yb ° 89 ' — N LOTS C AND D, tlLOCK S-A, VAR VI 1ST FILING a DNITq c =1, L. L RADO l; )nq tl M; STREET F g VAIL. CO COLO 8145) 1657 S j y n T YROIER MII721 Ronald W. Carlson Judith James Carlson Paul R. Dunkelman Christopher D. Tomchuck Kathleen A. Morse Carlson,Carlson & Dunkelman, L.L.C. Attorneys at Law Drake Landing ♦ 975 N. Ten Mile Dr., Ste. E -15 ♦ P.O. Box 1829 Frisco, Colorado 80443 February 4, 2008 VIA EMAIL, FACSIMILEAND U.S. MAIL Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 RE: Planning and Environmental Commission Rucksack Condominium Building 286 Bridge Street To Whom It May Concern: Paralegals Sarah A. Galloway Tracy LeClair FEB TOWN OF VAIL Enclosed please find the Appeals Forms related to the Planning and Environmental Commission decision on the Rucksack Condominium Building. Also enclosed are the necessary attachments. Please advise as to when the matter will be scheduled before the Town Counsel. Sincerely, Paul R. Dunkelman cc: 286 Bridge Street, Inc. (970) 668 -1678 + FAX (970) 668 -5121 + E -mail: carlson2Qcolorado.net + Vail Valley + (970) 845 -7090 THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12 -3 -3, Vail Town Code, on March 18, 2008, at 6:00 PM in the Town of Vail Municipal Building, in consideration of: ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's and the Town of Vail Design Review Board's respective approvals of a major exterior alteration application, based upon Section 12 -76 -7, Exterior Alterations or Modifications, and Chapter 11, Design Review, Vail Town Code, to allow for a remodel and addition to the existing Rucksack Condominiums Building and Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Vail Village Filing 1, and setting forth details in regard thereto. Appellant: 286 Bridge Street, Inc., represented by Carlson, Carlson & Dunkelman, LLC Planner: Scot Hunn 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 project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. TOWS APPEALS FORM FEB -; 2008 TOWN OF VAIL REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION A. ACTION/DECISION BEING APPEALED: Decision by Planning and Environmental Commission approving with conditions of major exterior alteration to allow for the redevelopment of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1 B. DATE OF ACTION/DECISION: January 14, 2008 C. NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Planning and Environmental Commission DOES THIS APPEAL INVOLVED A SPECIFIC PARCEL OF LAND? Yes IF YES, ARE YOU AN ADJACENT PROPERTY OWNER? Yes D. NAME OF APPELLANT(S): 286 Bridge Street, Inc. MAILING ADDRESS: P.O. Box 1829, Frisco, CO 80443 PHONE: (970) 668 -1678 PHYSICAL ADDRESS IN VAIL: 286 Bridge Street, Vail, CO LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL: Lots: A, B and Part of Lot C; Block: 5A Subdivision: Vail Village Filing 1 E. APPELLANT(S) SIGNATURE(S): Page 1 of 2 F. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person." "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. G. Provide the names and addresses (both person's mailing address and property's physical address in Vail) of all owners of property which are the subject of the appeal and all adjacent property owners (including properties separated by a right -of -way, stream, or other intervening barriers). Also provide addressed and stamped envelopes for each property owner on the list. H. On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. I. FEE: $0.00 Page 2 of 2 f� Attachment I Aggrieved or Adversely Impacted Person D ECE0WE FEB - i' 2008 TOWN OF VAIL '296 B rMge Street j. The Planning and Environmental Commission [ "PEC "] has approved with conditions the proposed exterior alteration of the Rucksack Condominium Building and the Scott Building located at 288 Bridge Street, including part of Lot C and Lot D, Block 5A, Vail Village Filing 1. 286 Bridge Street is the building directly adjacent (south) to the Scott Building. Appellant is the owner of 286 Bridge Street, Vail, Colorado [` In August, 2007, the PEC approved a major alteration to the Rucksack Condominium building. This alteration did not include the Scott Building. The present submittal has incorporated the Scott Building into the project. The incorporation of the Scott Building into the project, as planned, has created a significant and adverse impact on 286 Bridge Street. As planned and approved, the project calls for the incorporation of the Scott Building into the Rucksack Building and for the north wall of the Rucksack Building to be expanded to be flush with the south wall of 286 Bridge Street. The north wall of the Rucksack Building will be approximately the same height as the south wall of 286 Bridge Street. The south wall of 286 Bridge Street includes a recessed window bay. See Exhibit A. These windows provide views and light, as well as emergency egress for the residential units in 286 Bridge Street. The impact on 286 Bridge Street is significant, adverse and apparent. The creation of a wall flush to 286 Bridge Street creates a situation in which the windows in 286 Bridge Street face directly into a wall. Air and light to the windows will be blocked, and the proposed alteration will obstruct emergency egress in a manner that we don't believe can be reconciled with the Town's Building and Fire Code requirements. Additionally, sight lines from the windows to the mountains will be blocked. This wall will interfere with the use and enjoyment of the units in 286 Bridge Street. This wall will reduce the value of the units in 286 Bridge Street. There are options that can be considered which will lower the impact on 286 Bridge Street and which will not hinder, and could enhance, the Rucksack project. These options include a similar recessed window bay or a glass atrium in the Rucksack project. While these options will still impact 286 Bridge Street, they would certainly lower the impact. An additional impact on 286 Bridge Street from the Rucksack project relates to the use of an easement between 286 Bridge Street and the Rucksack Condominium. There is an existing Easement Agreement between 286 Bridge Street and the Rucksack Condominium. The Easement Agreement states in relevant part that "the owner of Parcel A (286 Bridge Street) grants the owner of Parcel B (Rucksack Condominium) a right -of- way and easement across the East 17.36 feet of Parcel A for ingress and egress to and from Parcel B to Gore Creek Drive for the use and benefit of the owner of Parcel B, his 821342.3 . f guests, tenants and assigns." Historically, this easement has been used for ingress and egress as stated in the easement. D CCL0MC t an FEB -7 1008 TOWN OF VAIL The approved project requires the expansion of this easement. The Rucksa c cT project will now have a garbage area and dumpster in the rear north corner of the building. This is the corner directly adjacent 286 Bridge Street. The easement will now be used as an easement for trash removal. This goes well beyond the permitted use of ingress /egress. This project is conditioned upon the use of an easement beyond what is permitted under the Easement Agreement. This increases the burden on 286 Bridge Street, is a violation of the Easement Agreement and will adversely impact 286 Bridge Street. 821342.3 D Attachment 2 FEB - 7 2008 Nature of Appeal This is an appeal to the Town Council pursuant to Vail Town Code OF: X/AII 3.C. The owner of 286 Bridge Street has standing to bring this appeal as a party who is aggrieved or adversely impacted by the decision of the PEC. The review by the PEC was of an exterior alteration pursuant to Section 12 -7B -7 of the Vail Town Code. Pursuant to Section 12 -7B -7, the applicant has the burden of proving by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CC district as specified in section 12 -7B -1 of this article; that the proposal is consistent with applicable elements of the Vail Village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village urban design guide plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service /delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail comprehensive plan. The applicant did not meet its burden of proof and the PEC erred in granting the requested approval. The Town Council should overturn the approval. Section 12 -7B -1 defines the purpose of the Commercial Core 1 District [ "CC1 "] designation. The purpose of the CC 1 designation includes the intent "to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses." This purpose was acknowledged by the PEC but not appropriately applied. 286 Bridge Street has a permitted and approved use of its building. This use includes a recessed window bay into upstairs residential units. See Exhibit A. By the approval of the Rucksack project, the PEC has failed to ensure adequate light and air to the permitted use of 286 Bridge Street and has approved an inappropriate obstruction of the views from 286 Bridge Street. Specifically, the approved wall will be flush with the window bay and will block light and air into these residential units. The PEC failed to consider the impact on the light, view and air for 286 Bridge Street and failed to protect the light, view and air for 286 Bridge Street. Additionally, these windows provide required egress from the bedrooms. The proposed alteration will obstruct emergency egress in a manner that we don't believe can be reconciled with the Town's Building and Fire Code requirements. 8213433 1 y The purpose of the CC1 designation is to ensure "that the proposal does not otherwise negatively alter the character of the neighborhood." The PEC acknowledged that this purpose must be considered in the review process, but again failed to appropriately apply the requirement. Clearly, the residential units in 286 Bridge Street are part the "neighborhood." The wall flush to the window bay will undeniably alter the character of the neighborhood as it relates the residential units in 286 Bridge Street. The PEC failed to consider whether the use of the Easement Agreement — a necessity of the approval — was a permitted use of the easement. The applicant intends to make a more detailed presentation of its opposition to the PEC approval at the Town Council hearing on this matter. D ��EoW[E FEB - 7 2008 TOWN O F VAIL 821343.3 Attachment 3 Adjacent Property Owners Rucksack Condominium Association Attn.: Ghequi Hoffman c/o The Rucksack 288 Bridge Street Vail, CO 81657 Vail Townhouses Condominium Attn.: Dale Bugby 635 North Frontage Road #1 Vail, CO 81657 (property address 303 Gore Creek Drive, Vail, CO) Gastof Gramshammer, Inc. c/o Pepi Gramshammer 231 E. Gore Creek Drive Vail, CO 81657 Gorsuch Ltd. c/o John P. McBride 263 E. Gore Creek Drive Vail, CO 81657 Town of Vail c/o Finance Department 75 S. Frontage Road Vail, CO 81657 (property address 384 Gore Creek Drive, Vail, CO) Bridge Street Building, LLC 106014 1h Street Denver, CO 80202 (property address 288 Bridge Street, Vail, CO) Plaza Lodge Condominiums 356 E. Hanson Ranch Road Vail, CO 81657 (property address 291 Bridge Street, Vail, CO) Bridge Street Condominiums Association 356 E. Hanson Ranch Road Vail, CO 81657 (property address 281 Bridge Street, Vail, CO 81657) FEB -7 2008 TOWN OF VAIL m G . EXHIBIT ,A �p 3 1 7 Aln YSdr m G . EXHIBIT ,A Ronald W. Carlson Judith James Carlson Paul R. Dunkelman Christopher D. Tomchuck Kathleen A. Morse Carlson,Carlson & Dunkelman, L.L.C. Attorneys at Law Drake Landing + 975 N. Ten Mile Dr., Ste. E -15 + P.O. Box 1829 Frisco, Colorado 80443 February 4, 2008 Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Via Hand Delivery RE: Design Review Board Rucksack Condominium Building 286 Bridge Street To Whom It May Concern: Paraleeals S arah A. Galloway Tracy LeClair D EC EadE D FEB 0 5 2008 TOWN OF VAIL Enclosed please find the Appeals Forms related to the Design Review Board decision on the Rucksack Condominium Building. Also enclosed are the necessary attachments. Please advise as to when the matter will be scheduled before the Town Counsel. Sincerely, Paul R. Dunkelman cc: 286 Bridge Street, Inc. (970) 668 -1678 + FAX (970) 668 -5121 + E -mail: carlson2 ®colarado.net + Vail Valley + (970) 845 -7090 TOWS APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION A. ACTION/DECISION BEING APPEALED: Decision by Planning and Environmental Commission /Design Review Board approving with conditions of a major exterior alteration to allow for the redevelopment of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1 B. DATE OF ACTION/DECISION: January 16, 2008 C. NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Design Review Board DOES THIS APPEAL INVOLVED A SPECIFIC PARCEL OF LAND? Yes IF YES, ARE YOU AN ADJACENT PROPERTY OWNER? Yes D. NAME OF APPELLANT(S): 286 Bridge Street, Inc. MAILING ADDRESS: P.O. Box 1829, Frisco, CO 80443 PHONE: (970) 668 -1678 PHYSICAL ADDRESS IN VAIL: 286 Bridge Street, Vail, CO LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL: Lots: A, B and Part of Lot C; Block: 5A Subdivision: Vail Village Filing I E. APPELLANT(S) SIGNATURE(S): Page 1 of 2 F. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person." "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. G. Provide the names and addresses (both person's mailing address and property's physical address in Vail) of all owners of property which are the subject of the appeal and all adjacent property owners (including properties separated by a right -of -way, stream, or other intervening barriers). Also provide addressed and stamped envelopes for each property owner on the list. H. On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. I. FEE: $0.00 Page 2 of 2 Attachment 1 Aggrieved or Adversely Impacted Person Appellant is the owner of 286 Bridge Street, Vail, Colorado [ "286 Bridge Street "] The Design Review Board [DRB] has approved with conditions the proposed exterior alteration of the Rucksack Condominium Building and the Scott Building located at 288 Bridge Street, including part of Lot C and Lot D, Block 5A, Vail Village Filing 1. 286 Bridge Street is building directly adjacent (south) of the Scott Building. In August, 2007, the PEC approved a major alteration to the Rucksack Condominium building. This alteration did not include the Scott Building. The present submittal has incorporated the Scott Building into the project. The incorporation of the Scott Building into the project, as planned, has created a significant and adverse impact on 286 Bridge Street. As planned and approved, the project calls for the incorporation of the Scott Building into the Rucksack Building and for the north wall of the Rucksack Building to be expanded to be flush with the south wall of 286 Bridge Street. The north wall of the Rucksack Building will be approximately the same height as the south wall of 286 Bridge Street. The south wall of the 286 Bridge Street includes a recessed window bay. See Exhibit A. These windows are for the benefit of residential units in 286 Bridge Street, and provide light and air as well as emergency egress to those residential units. The impact on 286 Bridge Street is significant, adverse and apparent. The creation of a wall flush with 286 Bridge Street creates a situation in which the windows in 286 Bridge Street face directly into a wall. Air and light to the windows will be blocked and the proposed alteration will obstruct emergency egress in a manner that we don't believe can be reconciled with the Town's Building and Fire Code requirements. . Sight lines from the windows to the mountains will be blocked. This wall will interfere with the use and enjoyment of the units in 286 Bridge Street. This wall will reduce the value of the units in 286 Bridge Street. There are options that can be considered which will lower the impact on 286 Bridge Street and which will not hinder and could enhance the Rucksack project. These options include a similar recessed window bay or a glass atrium in the Rucksack project. While these options will still impact 286 Bridge Street, they would certainly lower the impact. 821413.2 A Attachment 2 Nature of Appeal This is an appeal to the Town Council pursuant to Vail Town Code Section 12 -3- 3. The owners of 286 Bridge Street have standing to bring this appeal as a party who is aggrieved or adversely impacted by the decision of the DRB. The review by the DRB was of an exterior alteration pursuant to Section 12 -713-7 of the Vail Town Code. Pursuant to this section "[a]ny modification or change to the exterior facade of a building or to a site within the CC 1 district shall be reviewed by the design review board in accordance with Chapter 11" of the Vail Town Code. Chapter 11 of the Vail Town Code acknowledges that that not all harmful effects of land use can be prevented through zoning and building codes. Some aspects of development are more subtle and less amenable to exact rules. It was to limit these more subtle effects that the Design Review Board was created. See Vail Town Code, Section 12- 11 -1(B). Chapter 11 specifically provides that one of the objectives of the design review process is to "[p]rotect neighboring property owners and uses by making sure that reasonable provision has been made for such matters as ... the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses." Vail Town Code, Section 12-11 - 1(D)(5). Further, the applicant has the burden "to prove by a preponderance of the evidence before the design review board that the proposed building modification is in compliance with the purposes of the CC district as specified in section 12 -7B -1 of this article; that the proposal substantially complies with the Vail Village design considerations, and that the proposal does not otherwise alter the character of the neighborhood." Section 12 -7B -1 defines the purpose of the Commercial Core 1 District [ "CC I"] designation. The purpose of the CC designation includes the intent "to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses." Clearly, there is overlap between the Chapter 11 requirements and the Chapter 7 requirements. The DRB has failed to properly apply and consider these requirements. Of foremost concern, the DRB has the duty to preserve the light and air of the neighboring property owners and to make sure that reasonable provision are in place to preserve these rights. The DRB wholly failed in this regard. By the approval of the Rucksack project, the DRB has ensured that light and air presently existing for 286 Bridge Street will unreasonably be infringed. Specifically, the wall flush with the window bay will block light and air into these residential units. Additionally, these 821415.2 windows provide required egress from the bedrooms. The proposed alteration will obstruct emergency egress in a manner that we don't believe can be reconciled with the Town's Building and Fire Code requirements. The DRB failed to consider the impact on both the light and air to and the egress from 286 Bridge Street, failed to ensure that adequate light and air to 286 Bridge Street will continue and failed to ensure that reasonable provisions would be in place to preserve these rights. Under both Chapter 7 and Chapter 11, the DRB must ensure "that the proposal does not otherwise negatively alter the character of the neighborhood." Again, the DRB failed to consider the negative impact on 286 Bridge Street. Clearly, the residential units in 286 Bridge Street are part the "neighborhood." The wall flush to the window bay will undeniably alter the character of the neighborhood as it relates the residential units in 286 Bridge Street. 821415.2 0 PXHIBIT A Attachment 3 Adjacent Property Owners Rucksack Condominium Association Attn.: Ghequi Hoffman c/o The Rucksack 288 Bridge Street Vail, CO 81657 Vail Townhouses Condominium Attn.: Dale Bugby 635 North Frontage Road 41 Vail, CO 81657 (property address 303 Gore Creek Drive, Vail, CO) Gastof Gramshammer, Inc. c/o Pepi Gramshammer 231 E. Gore Creek Drive Vail, CO 81657 Gorsuch Ltd. c/o John P. McBride 263 E. Gore Creek Drive Vail, CO 81657 Town of Vail c/o Finance Department 75 S. Frontage Road Vail, CO 81657 (property address 384 Gore Creek Drive, Vail, CO) Bridge Street Building, LLC 1060 14 Street Denver, CO 80202 (property address 288 Bridge Street, Vail, CO) Plaza Lodge Condominiums 356 E. Hanson Ranch Road Vail, CO 81657 (property address 291 Bridge Street, Vail, CO) Bridge Street Condominiums Association 356 E. Hanson Ranch Road Vail, CO 81657 (property address 281 Bridge Street, Vail, CO 81657) Feb. 4. 2008 12:37PM CARLSON CARLSON & DUNKELMAN No, 3886 P. 1 CARLSON, CARLSON & DUNKELMAN, LL Attorneys at Law P.O. Box 1829 Frisco, Colorado 80443 (970) 668 -1678 (9 70) 668- 5121(fax) FACSIMILE TRANSMITTAL TO• roe Suther FROM: Tracy LeClair . Vail Dept. of Community Development Legal Assistant FAX #: (970) 479 -2452 FAX #: DATE: February 4, 2008 Number of Pages: 10 (including this cover sheet) RE: Rucksack Condominium Building Appeals Form 970 -668 -5121 FEB 0 4 2008 TOWN OF VAIL Dear Mr. Suther: Attached please find the Appeals Forms relating to the Planning and Environmental Commission decision on the Rucksack Condominium Building. A copy will also be emailed, as well as placed in the U.S. Mail with the required stamped and addressed envelopes for the adjacent property owners. Please contact the office with any questions/concems, Thank you in advance for your assistance in this matter. W * * ** *wARN1NG: PERSONAL AND The contents ofthis page and the following pages are sent to the addressee only and pursuantto law subject to the attorney- client privilege. If you are not the addressee, do not read the contents of this communication. please immediately call (970) 668 -1678 collect and report the erroneous receipt ofthisfax, then. iumediately thereafter mail the fax to; Carlson, Carlson, & Dunkelman P.O. Bog 1829 Frisco, CO 80443. Thank you for maintaining the integrity of the attorney client privilege, the integrity of the legal system and the constitutional right to privacy. �, �, r� r*, �a, r* w+ �4aaaWYAAi88i* 1r* t* ir**#**# t* t* �t �+ k+ ��r vwwawwaiO iV4YJt * * * * * * * *+ � + �� + � * * * *w * * * � * * *•F *k ** hard copy will NOT follow via U.S. Mail '"* Feb. 4. 2008 12:37PM CARLSON CARLSON & DUNKELMAN Carlson,Carlson & Dunkelman, L.L.C. Ronald W Carlson Attorneys at Law Judith Jams Carlson dit R. s aran Drake Landing + 975 N. Ten Mile Dr., Ste. &15 + P.O. Box 1829 Paul Prism, Colorado 80443 Christopher D. Tmmhuck Kathleen A. Morse February 4, 2008 Town of Vail Department - of Community Development 75 S. Frontage Road Vail, CO 81657 Vita Hand Delivery RE: Planning and'Enviroamental Commission Rucksack Condominium Building 286 Bridge Street To Whom It May Concern: No. 3886 P. 2 Paralegals S arah A. Galloway Tracy LeClair Enclosed please find the Appeals Forms related to the Planning and Environmental Commission decision on the Rucksack Condominium Building. 'Also enclosed are the necessary attachments, Please advise as to when the matter will be scheduled before the Town Counsel. Sincerely, Paul R. Dunkelman cc: 286 Bridge Street, Inc. (970) 668 -1678 + FAX (970) 66&5121 + E -mail; carlson2®colarado.mr + Vail Valley + ( 970) 845.7090 Feb. 4. 2008 12:37PM CARLSON CARLSON & DUNKELMAN No,3886 P. 3 TOR APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL ComMSSION ACTION A. ACTION/DECISION BEING APPEALED: Decision by Planning and Environmental Commission approving with conditions of major exterior alteration to allow for the redevelopment of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1 B. DATE OF ACTION/DECISION: January 14, 2008 C. NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Planning and Environmental Commission DOES THIS APPEAL INVOLVED A SPECIFIC PARCEL OF LAND? Yes IF YES, ARE YOU AN ADJACENT PROPERTY OWNER? Yes D. NAME OF APPELLANT(S): 286 Bridge Street, Inc. MAILING ADDRESS: P.O. Box 1829, Frisco, CO 80443 PHONE: (970) 668 -1678 PHYSICAL ADDRESS IN VAIL,: 286 Bridge Street, Vail, CO LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL: Lots: A, B and Part of Lot C; Block: 5A Subdivision: Vail Village Filing I E. APPELLANT(S) SIGNATURE(S): Page 1 of 2 Feb. 4. 2008 12:37PM CARLSON CARLSON & DUNKELMAN No.3886 P. 4 F. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person." "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. O. Provide the names and addresses (both person's mailing address and property's physical address in Vail) of all owners of property which are the subject of the appeal and all adjacent property owners (including properties separated by a right -of -way, stream, or other intervening barriers). Also provide addressed and stamped envelopes for each property owner on the list. H. On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. Y. FEE: $0.00 Page 2 of 2 Feb. 4. 2008 12:38PM CARLSON CARLSON & DUNKELMAN No.3886 P. 5 Attachment 1 Aggrieved or Adversely Impacted Person Appellant is the owner of 286 Bridge Street, Vail, Colorado [ "286 Bridge Street "]. The Planning and Environmental Commission ["PEC "] has approved with conditions the proposed exterior alteration of the Rucksack Condominium Building and the Scott Building located at 288 Bridge Street, including part of Lot C and Lot D, Block 5A, Vail Village piling 1. 286 Bridge Street is the building directly adjacent (south) to the Scott Building. In August, 2007, the PEC approved a major alteration to the Rucksack Condominium building. This alteration did not include the Scott Building. The present submittal has incorporated the Scott Building into the project. The incorporation of the Scott Building into the project, as planned, has created a significant and adverse impact on 286 Bridge Street. As planned and approved, the project calls for the incorporation of the Scott Building into the Rucksack Building and for the north wall of the Rucksack Building to be expanded to be flush with the south wall of 286 Bridge Street. The north wall of the Rucksack Building will be approximately the same height as the south wall of 286 Bridge Street. The south wall of 286 Bridge Street includes a recessed window bay. See Exhibit A. These windows provide views and light, as well. as emergency egress for the residential units in 286 Bridge Street. The impact on 286 Bridge Street is significant, adverse and apparent. The creation of a wall flush to 286 Bridge Street creates a situation in which the windows in 286 Bridge Street face directly into a wall. Air and light to the windows will be blocked, and the proposed alteration will obstruct emergency egress in a manner that we don't believe can be reconciled with the Town's Building and Fire Code requirements. Additionally, sight lines from the windows to the mountains will be blocked. This wall will interfere with the use and enjoyment of the units in 286 Bridge Street. This wall will reduce the value of the units in 286 Bridge Street. There are options that can be considered which will lower the impact on 286 Bridge Street and which will not hinder, and could enhance, the Rucksack project. These options include a similar recessed window bay or a glass atrium in the Rucksack project. While these options will still impact 286 Bridge Street,.they would certainly lower the impact. An additional impact on 286 Bridge Street from the Rucksack project relates to the use of an easement between 286 Bridge Street and the Rucksack Condominium. There is an existing Easement Agreement between 286 Bridge Street and the Rucksack Condominium. The Easement Agreement states in relevant part that "the owner of Parcel A (286 Bridge Street) grants the owner of Parcel B (Rucksack Condominium) a right -of- way aad easement across the East 17.36 feet of Parcel A for ingress and egress to and from Parcel 13 to Gore Creek Drive for the use and benefit of the owner of Parcel B, his Feb. 4. 2008 12:38PM CARLSON CARLSON & DUNKELMAN No-3886 P. 6 guests, tenants and assigns." Historically, this easement has been used for pedestrian ingress and egress as stated in the easement. The approved project requires the expansion of this easement. The Rucksack project will now have a garbage area and dumpster in the rear north corner of the building. This is the corner directly adjacent 286 Bridge Street. The easement will now be used as an easement for trash removal. This goes well beyond the permitted use of ingress /egress. This project is conditioned upon the use of an easement beyond what is permitted under the Easement Agreement. This increases the burden on 286 Bridge Street, is a violation of the Easement Agreement and will adversely impact 286 Bridge Street. 621742.3 Feb. 4. 2008 12:38PM CARLSON CARLSON & DUNKELMAN No.3886 P. 7 Attachment 2 Nature of Appeal This is an appeal to the Town Council pursuant to Vail Town Code Section 12-3 - 3.C. The owner of 286 Bridge Street has standing to bring this appeal as a party who is aggrieved or adversely impacted by the decision of the PEC. The review by the PEC was of an exterior alteration pursuant to Section 12 -78 -7 of the Vail Town Code. Pursuant to Section 12 -7B -7, the applicant has the burden of proving by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12 -78 -1 of this article; that the proposal is consistent with applicable elements of the 'Vail Village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village urban design guide plan and the Vail Village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service /delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail comprehensive plan. The applicant did not meet its burden of proof and the PEC erred in granting the requested approval. The Town Council should overturn the approval. Section 12 -78 -1 defines the purpose of the Commercial Core 1 District 1 44 CC1"] designation. The purpose of the CC designation includes the intent "to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses." This purpose was acknowledged by the PEC but not appropriately applied. 286 Bridge Street has a permitted and approved use of its building. This use includes a recessed window bay into upstairs residential units. See Exhibit A. By the approval of the Rucksack project, the PEC has failed to ensure adequate light and air to the permitted use of 286 Bridge Street and has approved an inappropriate obstruction of the views from 286 Bridge Street. Specifically, the approved wall will be flush with the window bay and will block light and air into these residential units. The PEC failed to consider the impact on the light, view and air for 286 Bridge Street and failed to protect the light, view and air for 286 Bridge Street. Additionally, these windows provide required egress from the bedrooms. The proposed alteration will obstruct emergency egress in a manner that we don't believe can be reconciled with the Town's Building and Eire Code requirements. Feb. 4. 2008 12:38PM CARLSON CARLSON & DUNKELMAN No.3886 P. 8 The purpose of the CC designation is to ensure "that the proposal does not otherwise negatively alter the character of the neighborhood." The PEC acknowledged that this purpose must be considered in the review process, but again failed to appropriately apply the requirement. Clearly, the residential units in 286 Bridge Street are part the "neighborhood." The wall Mush to the window bay will undeniably alter the character of the neighborhood as it relates the residential units in 286 Bridge Street. The PEC failed to consider whether the use of the Easement Agreement — a necessity of the approval — was a permitted use of the easement. The applicant intends to make a more detailed presentation of its opposition to the PEC approval at the Town Council hearing on this matter. --.1 1 Feb. 4. 2008 12:38PM CARLSON CARLSON & DUNKELMAN Attachment 3 Adjacent Property Owners Rucksack Condominium Association Attn.: Ghequi Hoffman c/o The Rucksack 288 Bridge Street Vail, CO 81657 Vail Townhouses Condominium Attn. Dale Bugby 635 North Frontage Road #1 Vail, CO 81657 (property address 303 Gore Creek Drive, Vail, CO) Gastof Gramshammer, Inc. c/o Pepi Gramshammer 231 E. Gore Creek Drive Vail, CO 81657 Gorsuch Ltd. c/o John P. McBride 263 E. Gore Creek Drive Vail, CO 81657 Town of Vail c/o Finance Department 75 S. Frontage Road Vail, CO 81657 (property address 384 Gore Creek Drive, Vail, CO) Bridge Street Building, I. LC 1060 14 Street Denver, CO 80202 (property address 288 Bridge Street, Vail, CO) Plaza Lodge Condominiums 356 E. Hanson Ranch Road Vail, CO 81657 (property address 291 Bridge Street, Vail, CO) Bridge Street Condominiums Association 356 E. Hanson Ranch Road Vail, CO 81657 (property address 281 Bridge Street, Vail, CO 81657) No. 3886 P. 9 Feb. 4, 2008 12:38PM CARLSON CARLSON & DUNKELMAN No.3886 P. 10, , .}.M M1,. • � .; � . ': ..; . -. ,... � is F Page 1 of 1 Scot Hunn - Appeal of Rucksack Approvals From: "Jay Peterson" To: Date: 03/25/2008 11:47 AM subject: Appeal of Rucksack Approvals cc: "Scot Hunn" Paul, After meeting with your client at Bill Pierce's office, I believe the following has been agreed to: 1. The final plans which we reviewed, are the identical plans which have been submitted to the Town of Vail for the building permit. 2. We will not make any external changes to the plans without notifying you before we submit the changes to the Town. 3. We will allow you access to the North facade of our finished building to allow you to paint a mural on the building face opposite your window. You will be responsible for the approval process at the Town of Vail and all costs of such mural. We reserve the right to approve such design; such approval shall not be unreasonably withheld. 4. We shall be allowed to remove up to three lineal feet of the wall on the northeast corner of your property at our sole cost and expense. We agree to restore the wall after such modification to match the existing wall. 5. You agree to drop your appeal of the PEC and DRB decisions. If anything further needs to be added, please let me know. Let Scot know as soon as possible that the appeal has been dropped. Jay K. Peterson (T) 970 - 476 -0092 (F) 970 - 476 -0099 E -Mail: jkpcD_vail.net file: / /C: \Documents and Settings \Administrator \Local Se... 05/20/2008 Page 1 of 1 scot Hunn - Rucksack appeal From: "Carlson Carlson and Dunkelman" To: Date: 03/27/2008 10:39 AM subject: Rucksack appeal cc: , Warren, Please be advised that on behalf of 286 Bridge Street we are formally withdrawing our appeal of the PEC decision and the DRB decision related to the Rucksack alteration. We have reached on agreement with Mr. Selby as outlined in the e-mail from Jay Peterson dated March 25, 2008. Ultimately, I believe that we have reached a resolution that benefits both the property owners and the Town of Vail. I appreciate the Town's courtesy and assistance in providing us the necessary time to amicably resolve this matter. Should you need any additional information, please feel free to give me a call or send me an email. Sincerely, Paul R. Dunkelman Carlson, Carlson & Dunkelman, LLC P.O. Box 1829 975 N. Ten Mile Dr., Ste. E -15 Frisco, CO 80443 (970) 668 -1678 (970) 668 -5121 — fax carlson2 @colo net file: / /C: \Documents and Settings \Administrator \Local Se... 05/20/2008