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HomeMy WebLinkAboutDRB090370Design Review Board ACTION FORM TOWN OF VE Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: RITZ CARLTON SALES OFFICE STAIR PLAQUE DRB Number: DRB090370 Project Description: Participants: INSTALL SEVERAL PLAQUES ON EXTERIOR STAIRS (RITZ-CARLTON)- SIGNS ARE BUSINESS ID SIGNS. NOT COMPLIANT WITH ALLOWED NUMBER OF BUSINESS ID SIGNS (1 PER PUBLIC ENTRANCE). DENIED FOR LACK OF BASIC COMPLIANCE WITH REGULATIONS. OWNER ROSEN QUIST, RICHARD N. - BROW 08/26/2009 - SELBY, CHARLES 385 CLAYTON ST DENVER CO 80206-4228 APPLICANT KEVIN ROTH 08/26/2009 PO BOX 3379 AVON CO 81620 Project Address: 288 BRIDGE ST VAIL Location: RITZ-CARLTON SALES OFFICE Legal Description: Lot: D Block: Subdivision: RUCKSACK CONDO Parcel Number: 2101-082-4400-4 Comments: BOARD/STAFF ACTION Motion By: Action: DENIED Second By: Vote: Date of Approval: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond:202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: RACHEL FRIEDE DRB Fee Paid: $50.00 Application for Design Review Sign Application General Information: This application is required for any sign that is located within the Town of Vail. All signs re- quire Design Review approval. Applicable Vail Town Code sections can be reviewed on-line at www.vailgov.com under Vail Information-Town Code On-line (Title 11 Signs). An application for Design Review cannot be accepted until all required information is received by the Community Development Department. Design Review approval lapses unless sign is installed within one year of the approval. Fee: $50 PLUS $1.00 per square foot of total sign area Business/ Building Name: The Ritz-Carlton Destination Club Number of proposed signs: 1 Number of existing signs: I Length of business frontage: Height of sign(s) from grade: Type of sign (check all that apply): Square Footage of Sign: o Free Standing Sign o Hanging/Projecting Sign ❑ Window Sign ❑ Wall Sign ❑ Business Sign ❑ Building Identification ❑ Subdivision Entrance ❑ Joint Directory Sign o Menu/Display Box ❑ Business Operation Sign o Open/Closed Sign ❑ Sale Sign ❑ Sign Program o Gas Fill /Fiber Optic ❑ Temporary Site Development Si n ri to U Other Small la ues on steps Z Physical Address: 288 Bridge Street. Unit C-3 Parcel Number: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Jeff Selby Mailing Address: Phone: _(303) 592-1102 Owner's Signature: Primary Contact/ Clwner Representative: Mailing Address:' L x T r, ~t1 Phone: E-Mail: Fax: For Office Use Only: Cash, CC: Vi / MC Last 4 CC # `_21 ' 'i~ Auth # Fee Paid: 5o . W Received From: iU i Meeting Date: _ r0TlJ--7 ()n DRB No.: i;4-4:~ Planner: Zoning: Project No: Land Use: Location of the Proposal: Lot: Block: Subdivision: 2 AUG 2 -rar~- Dt/ni e.a( f81 Z---F! V °I Department of Community Development 75 South Frontage Road Vail, Colorado. 81657 a" Tel: 970-1379-212$ Fax:fi ,970 75-2452 "t Web: . • www.vallgov carrz' y Development Rr3esnr.Qiotriinator: rp itr r T py~ Application for Design Review Sign Application General Information: This application is required for any sign that is ;ocatcd within the Town of Vail. All signs re- quire Design Review approva;. Applicable Vail Town Code sections can be reviewed on-line at www.vailgov,com under Vail Informaton--Town Code Or, line (Title 11 Signs). An application for Design Review cannot be accepted until all required information is received by the Community Development Department. Design Review approval !apses unless sign is installed within one year of the approval. Fee: $50 PLUS $1.00 per square foot of total sign area Business/ Building Name; The Ritz-Carton Destination Club _ Number of proposed signs: _1_ Number of existing signs: Length of business frontage: _ Height of sign(s) from grade: Type of sign (check all that apply): Square Footage of Sign: _ i rrne Standing Sign Hanging/Projecting Sign Window Sign :j Wall Sign - Business Sign is Building Identification Subdivision Entrance r Joint Directory Sign Menu/Display Box Lj Business Operation. Sign Open/Closed Sign 'I Sale Sign I f . Sign Program Gas Filled/Fiber Optic Temporary Site Development Sign Other mail plaques on steps r ~:w z•,~~~ J4 ~ ~ ~ 7 .5- ' "r f Physical Address: ridge Street Unit G-- - Parcel Number: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property owner: Jeff Selbv Mailing Address: Phone; 303 592 11 Q2 Owner's Signatur {r Primary Contact e A esentative: - l Mailing Address: F-Mail: ,n 6;'~/ Fax: Auth i Check ; IrFil-eeeting r Office Use Only: Cash_ CC: Visa / MC Last 4 CC i - - Paid: Received Frorii: Date: ORB No.: i I Ala inor: Project No: Land Use: oratior of the P-oposai: Lot: Block: _ Subdivision:_ _ JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER 1, (print name) a joint owner of pro _ perty located at provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the improvements include: ~ tC3aie) Additionally, please check the statement below which is most applicable to you: V I understand that minor modirrcations may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations, ni(ihl here) © 1 request that all modiricaNons, minor or otherwise, which are made to the plans over the course of the review process, be brought to my attention by the applicant for additional approval before undergoing further review by the Town, 7111111al hele) jnirn prnpcrtY,ai+nt•r le•ttc'r rr~asa't1 /fVIN,2(916 b r i V I J I Kil ;7r r 4 w .ti l cs l t E"f ~.V:, 1 t i._ t' y.~ 1 i TOWN OF VAIL, COLORADO Statement Statement Number: R090001081 Amount: $50.00 08/26/200903:22 PM Payment Method:Credit Crd Init: JLE Notation: KEVIN ROTH Permit No: DRB090370 Type: DRB - Sign Application Parcel No: 2101-082-4400-4 Site Address: 288 BRIDGE ST VAIL Location: RITZ-CARLTON SALES OFFICE Total Fees: $50.00 This Payment: $50.00 Total ALL Pmts: $50.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 00100003112200 DESIGN REVIEW FEES 50.00 Appeals Form ~ny ~!~}7 ' Department of Community Development TO IN OF AR, ~ 75 South Frontage Road., Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: vnvw.vail ov.com General Information: This form is required for riling an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision. I n " t Action/ Decision being appealed:_ cr, sv,'f,rNc Dateof Action/ Decision: a-7' Q f --01 Board or Staff person rendering action/decision: d- Does this appeal involve a specific parcel of land? (yes) (no) If yes, are you an adjacent property owner? (yes) (no) Name of Appellant(s): Mailing Address: Phone: Physical Address in Vail: Legal Description of Appellant(s) P i ail: Lot:Block:` Subdivision: Appellant(s) Signatures . (Attach a of ignatu if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4, Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only. 2-l1a, n Date Received: ACtivityNo.: 1~0Ro03+0 - Planner: Project No.: I~aJ p - ota 2,2. C:\Documents and Settings` ~ MI~',ngerppcp~ar/y fM~rr 5 D ~IJJ ~~!!66 i es\DLK2F\Appeals.doc SEP 1 'q , a~u t"Ui t TOWN OF VAIL , CRA I z J I L'I X:n J BRIDGE STREET BUILDING, LLC 1060 FOURTEENTH STREET DENVER, COLORADO 80202 720-241-0603 303-592-1162 September 21, 2009 To Whom It May Concern: I am writing to you as the owner of 288 Bridge St, Suite 3, Vail, CO 81657 on behalf of my tenant, The Ritz-Carlton Destination Club. I believe that The Ritz-Carlton Destination Club will be adversely affected by the Town of Vail's mandate to remove the lion and crown plaques on the steps ascending to their second floor gallery for a number of reasons. They are as follows: The plaques were intended as decoration and not as `Business Signs', which Rachel Friede has categorized them. They were put in place simply to enhance the appearance of the building, specifically the steps, and were not intended to be used for advertising or promotional purposes in any way. They are not visible from Bridge Street, as a pillar stands in their way, therefore they should not be considered as signage or anything other than decoration. The dimensions of the plaques are 5.2"W x 3.6"H. The Lion and Crown logo takes up a small portion of the plaque (see attached photo) and is not visible from street level and therefore should not be large enough to be considered signage. - My tenant would be financially negatively impacted as they have already paid to have the plaques installed. The cost of installing the plaques was $2500 and removing them would cost an additional $1000. They were installed originally without approval because of a general consensus among the architects and designers that they were not violating any town codes Under section 1 l-2 of the ordnance, the definition of Public Entrance does not mention stairs/steps. Please consider these points, since removing these items would not in any way be beneficial to the Town of Vail or The Ritz-Carlton Destination Club. Si ely B St et Bu' ing Jef elby This appeal is being put forth to The Town of Vail in response to their request for The Ritz- Carlton Club, Vail Sales Gallery on Bridge Street to remove the plaques from the stairs. The appeal is being put forth based on the argument that the plaques were put in place to enhance the appearance of the building, and not for advertising or promotional purposes. We believe that as the plaques are so small in size and in a low visibility area, that they should not be considered for any other purposes other than enhancement. The removal of the plaques would cause financial impact on The Ritz-Carlton Destination Club, Vail as the fabrication and installation has already cost $2500. Removal of the plaques would cost an additional $1000. Under Section 11-2, the code states: PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, French doors that open onto a patio but are not used as a primary entrance, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. This does not specify the use of stairs or steps as a public entrance: therefore we should not have to remove our plaques. Actual photo of plaque: dimensions are 5.2" wide by 3.6" high Rucksack Account number: R009837 Parcel: 210108244004 Owner name: BRIDGE STREET BUILDING LLC Physical address: 000288 BRIDGE ST #C2 Mailing address: 1060 14TH ST DENVER, CO 80202-2344 Account number: R009836 Parcel: 210108244003 Owner name: BRIDGE STREET BUILDING LLC Physical address: 000288 BRIDGE ST #C1 Mailing address: 1060 14TH ST DENVER, CO 80202-2344 Account number: R009832 Parcel: 210108244001 Owner name: GARDINER, WILLIAM A. & DEBORAH A. Physical address: 000288 BRIDGE ST #R1 Mailing address: 595 EL CERRITO HILLSBOROUGH, CA 94010 Account number: R009838 Parcel: 210108244005 Owner name: BRIDGE STREET BUILDING LLC Physical address: 000288 BRIDGE ST #C3 Mailing address: 1060 14TH ST DENVER, CO 80202-2344 Account number: R009833 Parcel: 210108244002 Owner name: MARTIN J. MULLALLY CREDIT TRUST - YVONNE MULLALLY SURVIVORS TRUST Physical address: 000288 BRIDGE ST #R2 Mailing address: PO BOX 611 MINTURN, CO 81645-0611 Golden Bear Building Account number: R007090 Parcel: 210108241001 Owner name: 286 BRIDGE ST INC Physical address: 000286 BRIDGE ST Mailing address: 50 E SAMPLE RD STE 400 POMPANO BEACH, FL 33064 Red Lion Building Account number: R030301 Parcel: 210108253016 Owner name: LANDMARK COMMERCIAL DEV CO Physical address: 000304 BRIDGE ST #C7 Mailing address: 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 Account number: R030298 Parcel: 210108253014 Owner name: LANDMARK COMMERCIAL DEV CO Physical address: 000304 BRIDGE ST #C5 Mailing address: 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 Account number: R030295 Parcel: 210108253011 Owner name: LANDMARK COMMERCIAL DEV CO Physical address: 000304 BRIDGE ST #C2 Mailing address: 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 Account number: R030296 Parcel: 2101-082-53-012 Owner name: LANDMARK COMMERCIAL DEV CO Physical address: 000304 BRIDGE ST #C3 Mailing address: 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 Account number: R030297 Parcel: 2101-082-53-013 Owner name: LANDMARK COMMERCIAL DEV CO Physical address: 000304 BRIDGE ST #C4 Mailing address: 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 Account number: R030294 Parcel: 2101-082-53-010 Owner name: LANDMARK COMMERCIAL DEV CO Physical address: 000304 BRIDGE ST #C1 Mailing address: 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 Account number: R030292 Parcel: 210108253008 Owner name: TANG, OSCAR L. Physical address: 000304 BRIDGE ST 4R2 Mailing address: 600 5TH AVE 8TH FLR NEW YORK, NY 10020 Account number: R030293 Parcel: 210108253009 Owner name: AGHILL EQUITIES INC Physical address: 000304 BRIDGE ST 4R3 Mailing address: VANTERPOOL PLAZA 2ND FL WICKMANS CAY I ROAD TOWN TORTOLA BRITISH VIRGIN ISLANDS Account number: R030299 Parcel: 2101-082-53-015 Owner name: LANDMARK COMMERCIAL DEV CO Physical address: 000304 BRIDGE ST #C6 Mailing address: 610 W LIONSHEAD CIR STE 100 VAIL, CO 81657 Account number: R030291 Parcel: 2101-082-53-007 Owner name: TANG, OSCAR L. Physical address: 000304 BRIDGE ST #R1 Mailing address: 600 5TH AVE 8TH FLR NEW YORK, NY 10020 Vendetta's Building Account number: R029286 Parcel: 2101-082-62-003 Owner name: PLAZA LODGE ASSOCIATES LTD Physical address: 000291 BRIDGE ST #C3 Mailing address: ONE TURTLE CREEK VILLAGE 3878 OAK LAWN AVE STE 4400 DALLAS, TX 75219-4469 Account number: R029285 Parcel: 2101-082-62-002 Owner name: PLAZA LODGE ASSOCIATES LTD Physical address: 000291 BRIDGE ST 4C2 Mailing address: ONE TURTLE CREEK VILLAGE 3878 OAK LAWN AVE STE #400 DALLAS, TX 75219-4469 Account number: R029293 Parcel: 2101-082-62-009 Owner name: JAWS LLC Physical address: 000291 BRIDGE ST #R3 Mailing address: 101 PARK AVE NEW YORK, NY 10178 In Care Of Name CURTIS MALLET-PREVOST COLT & MOSLE LLP, ROBERT W. SHEEHAN ESQ Account number: R029294 Parcel: 2101-082-62-010 Owner name: YOUNG, SHIRLEY Physical address: 000291 BRIDGE ST #R4 Mailing address: C/O DAVID HSIEH 142 DEL MONTE DR WALNUT CREEK, CA 94595 Account number: R029284 Parcel: 2101-082-62-001 Owner name: PLAZA LODGE ASSOCIATES LTD Physical address: 000291 BRIDGE ST #C 1 Mailing address: ONE TURTLE CREEK VILLAGE 3878 OAK LAWN AVE STE #400 DALLAS, TX 75219-4469 Account number: R029289 Parcel: 2101-082-62-006 Owner name: PLAZA LODGE ASSOCIATES LTD ONE Physical address: 000291 BRIDGE ST #C6 Mailing address: ONE TURTLE CREEK VILLAGE 3878 OAK LAWN AVE 400 DALLAS, TX 75219-4469 Account number: R029291 Parcel: 2101-082-62-007 Owner name: TANG, OSCAR L. Physical address: 000291 BRIDGE ST #R1 Mailing address: 600 5TH AVE 8TH FLOOR NEW YORK, NY 10020 Account number: R029296 Parcel: 2101-082-62-012 Owner name: WOODS, SARAH E. & MATTHEW G. - RANDAL H. WOODS QPR TRUST Physical address: 000291 BRIDGE ST #R6 Mailing address: 606 CLIFFGATE LN CASTLE ROCK, CO 80104 Account number: R029288 Parcel: 2101-082-62-005 Owner name: PLAZA LODGE ASSOCIATES LTD ONE Physical address: 000291 BRIDGE ST #C5 Mailing address: ONE TURTLE CREEK VILLAGE 3878 OAK LAWN AVE STE 400 DALLAS, TX 75219-4469 Account number: R029292 Parcel: 2101-082-62-008 Owner name: DOWLING, HEBE S. Physical address: 000291 BRIDGE ST #R2 Mailing address: 1700 TREASURE LN PO BOX 1835 BOCA GRANDE, FL 33921 Account number: R029295 Parcel: 2101-082-62-011 Owner name: WOODS, MATTHEW G. - ETAL Physical address: 000291 BRIDGE ST #R5 Mailing address: 606 CLIFFGATE LN CASTLE ROCK, CO 80104 Account number: R029287 Parcel: 2101-082-62-004 Owner name: PLAZA LODGE ASSOCIATES LTD Physical address: 000291 BRIDGE ST #C4 Mailing address: ONE TURTLE CREEK VILLAGE 3878 OAK LAWN AVE STE #400 DALLAS, TX 75219-4469 Brandess Cadmus Building Account number: R011531 Parcel: 2101-082-23-023 Owner name: KIDWELL, E. RAYMOND & CAROLYN H. Physical address: 000281 BRIDGE ST #14 Mailing address: 5235 CAINTUCK RD KINGSPORT, TN 37664 Account number: R011532 Parcel: 2101-082-23-024 Owner name: THOMAS REVOC TRUST Physical address: 000281 BRIDGE ST #15 Mailing address: 1717 MAIN ST STE 5880 DALLAS, TX 75201-7371 Account number: R011522 Parcel: 2101-082-23-016 Owner name: DELUCA, ROBERT E. & BARBARA G. Physical address: 000281 BRIDGE ST #6 Mailing address: PO BOX 1471 VAIL, CO 81658 Account number: R011521 Parcel: 2101-082-23-015 Owner name: COTTER, JAMES E. Physical address: 000281 BRIDGE ST #5 Mailing address: PO BOX 831 MINTURN, CO 81645 Account number: R011519 Parcel: 2101-082-23-014 Owner name: 000281 BRIDGE ST #4 Physical address: BRANDESS-CADMUS REAL ESTATE CO Mailing address: 281 BRIDGE ST VAIL, CO 81657 Account number: R010107 Parcel: 2101-082-23-025 Owner name: GORSUCH RANCH FAMILY PARTNERSHIP LLLP Physical address: 000250 GORE CREEK DR Mailing address: 263 E GORE CREEK DR VAIL, CO 81657 Account number: R011517 Parcel: 2101-082-23-012 Owner name: GORE RANGE RESORT INVESTMENTS LTD Physical address: 000281 BRIDGE ST #I Mailing address: 7309 GOLDEN GLOW WAY NE ALBUQUERQUE, NM 87113 Account number: R011531 Parcel: 2101-082-23-023 Owner name: KIDWELL, E. RAYMOND & CAROLYN H. Physical address: 000281 BRIDGE ST #14 Mailing address: 5235 CAINTUCK RD KINGSPORT, TN 37664 Account number: R011527 Parcel: 2101-082-23-020 Owner name: BRANDESS-CADMUS REAL ESTATE CO Physical address: 000281 BRIDGE ST #10 Mailing address: 281 BRIDGE ST VAIL, CO 81657 Account number: R011526 Parcel: 2101-082-23-019 Owner name: BYRNE, RONALD J. Physical address: 000285 BRIDGE ST #9 Mailing address: 285 BRIDGE ST VAIL, CO 81657 Account number: R011523 Parcel: 2101-082-23-017 Owner name: HILLIS OF SNOWMASS INC Physical address: 000281 BRIDGE ST #7 Mailing address: 170 E GORE CREEK VAIL, CO 81657 Account number: R011529 Parcel: 2101-082-23-022 Owner name: BBT ENTERPRISES LTD Physical address: 000281 BRIDGE ST #12 Mailing address: 1717 MAIN ST STE 5880 DALLAS, TX 75201-7371 Account number: R010108 Parcel: 2101-082-23-026 Owner name: TOWN OF VAIL Physical address: WALL ST Mailing address: 75 S FRONTAGE RD W VAIL, CO 81657 Account number: R030467 Parcel: 2101-082-23-028 Owner name: GORE RANGE RESORT INVESTMENTS LTD Physical address: 000281 BRIDGE ST #213 Mailing address: 7309 GOLDEN GLOW WAY NE ALBUQUERQUE, NM 87113 Account number: R011524 Parcel: 2101-082-23-018 Owner name: BRANDESS-CADMUS REAL ESTATE CO Physical address: 000281 BRIDGE ST #8 Mailing address: 281 BRIDGE ST VAIL, CO 81657 Account number: R011528 Parcel: 2101-082-23-021 Owner name: BRANDESS-CADMUS Physical address: 000281 BRIDGE ST #11 Mailing address: 281 BRIDGE ST VAIL, CO 81657 Mountain Adventure Center Building Account number: R052977 Parcel: 2101-082-79-001 Owner name: HILL, BLANCHE C. Physical address: 000254 BRIDGE ST #C Mailing address: 311 BRIDGE ST VAIL, CO 81657 *VAIL TOWN ONOTICE TO ADJACENT PROPERTY OWNERS: NOTICE IS HEREBY GIVEN that the Design Review Board of the Town of Vail will hold a public hearing on October 7, 2009, at 3:00 p.m. in the Town of Vail Municipal Building for the following item: Appeal of staff denial of signage Ritz-Carlton Destination Club Sales Office 288 Bridge Street/Lots E, F, Block 5A, Vail Village Filing 1 Appellant: Jeff Selby The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and site visits which precede the public hearing in the Town of Vail Community Development Department. Please call 479-2138 for information. The Design Review Board agenda will be available on the Town of Vail official website 24 hours prior to the public hearing: vailgov.com TOWN OF VAIL COMMUNITY DEVELOPMENT Published in the Vail Daily on October 2, 2009. Sign language interpretation available upon request with 24-hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Design Review Board ACTION FORM Department of Community Development TOWNVAF 75 South Frontage Road, !tail, Colorado 81657 ~f te1:970.479.2139 fax: 970.479.2452 000A-047'y MyrU^ENT web: www.vailgov.com Project Name: RITZ CARLTON SALES OFFICE STAIR PLAQUE DRB Number: DRB090370 Project Description: Participants: INSTALL SEVERAL PLAQUES ON EXTERIOR STAIRS (RITZ-CARLTON)- SIGNS ARE BUSINESS ID SIGNS. NOT COMPLIANT WITH ALLOWED NUMBER OF BUSINESS ID SIGNS (1 PER PUBLIC ENTRANCE). DENIED FOR LACK OF BASIC COMPLIANCE WITH REGULATIONS. OWNER ROSENQUIST,RICHARD N - SELBY, CHARLES 385 CLAYTON ST DENVER CO 80206-4228 APPLICANT KEVIN ROTH PO BOX 3379 AVON CO 81620 - BROW 08/26/2009 08/26/2009 Project Address: 288 BRIDGE ST VAIL Location: RITZ-CARLTON SALES OFFICE Legal Description: Lot: D Block: Subdivision: RUCKSACK CONDO Parcel Number: 2101-082-4400-4 Comments: BOARD/STAFF ACTION Motion By: Action: DENIED Second By: Vote: Date of Approval: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond:202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: RACHEL FRIEDE DRB Fee Paid: $50.00 s MEMORANDUM TO: Design Review Board FROM: Community Development Department DATE: October 7, 2009 SUBJECT: Appeal of staff denial of a design review application for signage at the Ritz- Carlton Destination Club Sales Office, located at 288 Bridge Street/Lots E, F, Block 5A, Vail Village Filing 1 (DRB090370). 1. SUMMARY Jeff Selby, owner of the subject property, has filed an appeal of the staff determination of denial of a sign application for plaques on the risers of exterior stairs at the Ritz Carlton Destination Club Sales Office located at 288 Bridge Street (herein referred to as the subject property). Because Staff determined the plaques are signs (specifically business signs) that do not comply with Title 11, Sign Regulations, Vail Town Code, Staff denied the application. The appellant has filed an appeal and has included the supporting documents found in Attachment A. The Design Review Board is asked to uphold, modify or reverse Staff's denial of the application. II. BACKGROUND INFORMATION In August 2009, it came to the Town's attention that the Ritz Carlton Destination Club Sales Office installed plaques containing the Ritz Carlton logo on the exterior stair risers of the subject property (see Attachment A for a photo). On August 25, 2009, Jeff Selby, the owner, represented by Kevin Roth, an employee of the Ritz Carlton Destination Club Sales Office, submitted an application for design review for this signage. Staff denied the application on August 27, 2009 after determining that the signage is not permitted per Title 11, Sign Regulations, Vail Town Code. On September 21, 2009, the appellant and property owner, Jeff Selby, submitted an appeal of the Staff determination (see Attachment A for supporting documentation included with the appeal form). Staff denied the application because the plaques contain a symbol that identifies the business, which are defined as signs by Title 11, Sign Regulations, Vail Town Code, as follows: SIGN: A surface or space as identified in these guidelines, whether continuous or not, that identifies a business, building, or any related products and services by means of letters, numbers, figures, or other symbols, devices, or representations. Because the plaques are defined as signs, they must comply with the provisions of Title 11, Sign Regulations, Vail Town Code. Because the signs identify the business through symbols, the signs are considered business signs, which are defined in Title 11, Sign Regulations, Vail Town Code, as follows: ti BUSINESS SIGN: Any sign that displays the name of the business upon which site it is located including any graphics and language that represent the business. Within Sign District 1, where the subject property is located, each business above the first floor is permitted one business identification sign. The Ritz Carlton Destination Club Sales Office currently has one approved business identification sign located on the fascia of the second floor deck area. Therefore, the plaque signs were denied because only one (1) business identification sign is permitted. Should it be determined that the plaques are not considered business signs, they would still be prohibited because they are not expressly permitted within Title 11, Sign Regulations, Vail Town Code. In order to overturn Staff's determination, the Design Review Board must determine that the plaques are not signs per the definition in Title 11, Sign Regulations, Vail Town Code, and thus, are not subject the regulations in Title 11. III. DETERMINATION OF STANDING OF APPELLANT In order to file an appeal, the Administrator must determine that the appellant has legal standing to appeal the application. Per Section 12-3-313, Appeal Of Administrative Actions, Vail Town Code, an appeal of an administrative action "may be 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. 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. " Because the appellant is the owner of the subject property as well as adjacent properties (including all commercial properties located at 288 Bridge Street), the Administrator determined that the appellant has legal standing to file the appeal. IV. REQUESTED ACTION The Design Review Board shall make a determination to uphold, modify or overturn the Staff determination of denial. Should the Design Review Board choose to uphold Staff's determination, Staff recommends that the following motion and findings be made: "The Design Review Board upholds the staff denial of a design review application for signage at the Ritz-Carlton Destination Club Sales Office, located at 288 Bridge Street/Lots E, F, Block 5A, Vail Village Filing 1 (DRB090370) with the following findings: 1. The subject plaques are signs as defined in Title 11, Sign Regulations, and therefore are subject to the regulations within Title 11, Sign Regulations, Vail Town Code. 2. The subject plaques are business signs, as defined in Title 11, Sign Regulations, Vail Town Code. 2 Ir 3. The subject plaques exceed the limit of one sign per business, in violation of Title 11, Sign Regulations, Vail Town Code." Should the Design Review Board choose to overturn Staff's determination, Staff recommends that the following motion and findings be made: "The Design Review Board overturns the staff denial of a design review application for signage at the Ritz-Carlton Destination Club Sales Office, located at 288 Bridge Streeftots E, F, Block 5A, Vail Village Filing 1 (DRB090370) with the following finding: The subject plaques are not signs, as defined in Title 11, Sign Regulations, and therefore are not subject to the regulations within Title 11, Sign Regulations, Vail Town Code." V. ATTACHMENTS A. Supporting documentation from appellant included with the appeal form 3 i Attachment A BRIDGE STREET BUILDING, LLC 1060 FOURTEENTH STREET DENVER- (:OLOfLADO 80202 "720-241-0603 03-M-1162 September 21, 2009 To Whom It May Concern: I am writing to you as the owner of 288 Bridge St, Suite 3, Vail, CO 81657 on behalf of my tenant, The Ritz-Carlton Destination Club. 1 believe that The Ritz-Carlton Destination Club will be adversely affected by the Town of Vail's mandate to remove the lion and crown plaques on the steps ascending, to their second floor gallery for a number of reasons. They are as follows: - The plaques were intended as decoration and not as 'Business Signs', which Rachel F'riede has categorized them. They were put in place simply to enhance the appearance of the building, specifically the steps, and were not intended to be used for advertising or promotional purposes in any way. - They are not visible from Bridge Street, as a pillar stands in their way, therefore they should not be considered as signage or anything other than decoration. - The dimensions of the plaques arc 5.2"W x 3.6"H. The Lion and Crown logo takes up a small portion of the plaque (see attached photo) and is not visible from street level and therefore should not be large enough to be considered signagc. - My tenant would be financially negatively impacted as they have already paid to have the plaques installed. The cost of installing the plaques was $2500 and removing them would cost an additional $1000. They were installed originally without approval because of a general consensus among the architects and designers that they were not violating any tom codes Under section 11-2 of the ordnance, the definition of Public Entrance does not mention stairs/steps. Please consider these points, since removing these items would not in any way be beneficial to the 'Town of Vail or The Ritz-Carlton Destination Club. Si ely B S et Bu- ing Je elby x c This appeal is being put forth to The Town of Vail in response to their request for The Ritz- Carlton Club, Vail Sales Gallery on Bridge Street to remove the plaques from the stairs. The appeal is being put forth based on the argument that the plaques were put in place to enhance the appearance of the building, and not for advertising or promotional purposes. We believe that as the plaques are so small in size and in a low visibility area, that they should not be considered for any other purposes other than enhancement. The removal of the plaques would cause financial impact on The Ritz-Carlton Destination Club, Vail as the fabrication and installation has already cost $2500. Removal of the plaques would cost an additional $1000. Under Section 11-2, the code states: PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, French doors that open onto a patio but are not used as a primary entrance, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. This does not specify the use of stairs or steps as a public entrance; therefore we should not have to remove our plaques. Actual photo of plaque: dimensions are 5.2" wide by 3.6" high '5 ~,.o - u u vyt~ls! ems( -COF4-~ e 0 S +ri I r e la d - ow - 190y-vl &C A~ k-a . GAS,..- S a41V~• l~~ks Ur~ w~ o _ -'f"om Du8o15 • Zr~A - Lt b h L, Plate. uos-, 14 11 vrte, v - 4i 0/05/ji009) Rachel Friede - RE: Appeal of Ruling v Page 1 From: "Bill Gardiner" <bill@pencomsf.com> To: "Rachel Friede" <RFriede@vailgov.com> CC: <MMire@vailgov.com>, "Jeff Hyman" <jhyman@lohfshaiman.com>, <pdunning@va... Date: 10/5/2009 3:43 PM Subject: RE: Appeal of Ruling Rachel, Let me again indicated that Mr. Selby does not represent the HOA of the "Rucksack or Bridge Street" building. He is also not the owner of the building but instead is a condominium owner like myself. I am not sure why the Town of Vail believes that Mr. Selby is the sole spokesman for this association, he is not. The Home Owners are currently in ligation and Mr. Selby's misrepresentation is currently a matter pending in Eagle County District Court of Colorado ( Civil action #08CV217 ) Any request by Mr. Selby to unilaterally impose action as the Condo Association must be held in abeyance pending the ruling of the Eagle County District Court. The building department and the town of Vail need to wait for the court's ruling in the civil matter. Mr. Selby has no right to affect the rights of the HOA of which I am a member. Now to the matter of the signage on the steps leading to the front entrance of the Ritz; 1.The primary reason to reject the appeal of the "signs" is that they were not approved by the Rucksack / Bridge St. HOA. 2.The appeals states "Mr. Selby, Owner of subject property", Mr. Selby is the owner of the Condo that the Ritz Carlton is leasing. He does not own the building. His actions are not my wishes and he has not right to install signs on HOA steps. 3. The appeal indicates the sign enhance the appeal of the building. This is a subjective argument that is not share by the other owners of the association. 4. That the Ritz Carlton will be financially damaged if the signs are removed. This is not the concern of the home owners, they knew the procedures for signage prior to installation. Sincerely, William Gardiner -----Original Message----- From: Rachel Friede [mailto:RFriede@vailgov.com] Sent: Monday, October 05, 2009 11:00 AM To: Bill Gardiner Cc: margomull@hotmail.com Subject: Re: Appeal of Ruling Bill and Margo- Attached is the memorandum that Staff provided to the Design Review Board for the appeal. I will inform the DRB that both of you have stated your opposition to the signage. As I stated to Margo in a message left last week, Jeff Selby has stated he is authorized to sign on behalf of the HOA, and as a civil matter, the Town will continue to accept his authorization unless we hear otherwise from a court. If you have additional questions, please let me know. Rachel Friede, AICP, LEED AP Planner II Dept of Community Development V 0/05,8009) Rachel Friede RE Appeal of Ruling Page 2 Town of Vail Ph: (970)479-2440 Fax: (970)479-2452 Rfriede@vailgov.com www.vailgov.com/comdev "Bill Gardiner" <bill@pencomsf.com> 10/5/2009 10:57 AM Dear Rachel, I have reviewed a notice that Mr. Selby is appealing a Building Department ruling regarding the front of the Rucksack Building. First of all let me reiterate that Mr. Selby is not representing the home owners association. Mr. Selby is required by the September 29, 2007 agreement that endorsed this project to bring all changes to his plans to the home owners for apoproval. On the issue that is being appealed, the home owners have no knowledge of what Mr. Selby is asking for. Prior to appealing the original ruling Mr. Selby should have obtained the approval of the home owners, this has not been. As owner of the R1 unit, I am against the request to overrule the Plan Departments earlier ruling on this matter. I encourage the Design Review Board to decline Mr. Selby's appeal. Thank you, William Gardiner 650-996-7668 cell r WNOPROJECT ORIENTATION MEMBERS PRESENT Mike Dantas Tom DuBois Pete Dunning Brian Gillette Libby Plante DESIGN REVIEW BOARD AGENDA PUBLIC MEETING October 7, 2009 Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS ABSENT SITE VISITS 1. Eye Pieces - 278 Hanson Ranch Road 2. Ritz-Carlton Destination Club - 288 Bridge Street 3. Joe's Deli - 288 Bridge Street 4. Antlers Condominiums - 680 Lionshead Place 5. Carey Residence - 875 Forest Road 1:30pm 2:OOpm PUBLIC HEARING - TOWN COUNCIL CHAMBERS Carey Residence DRB090444 / 10 minutes Final review of a minor exterior alteration (fence) 825 Forest Road, Unit 1/Lot 3, West Day Subdivision Applicant: Colin Doyle ACTION: Tabled to October 21, 2009 MOTION: Gillette SECOND: Plante VOTE: 5-0-0 2. Antlers Condominiums DRB090470 / 15 minutes Final review of a minor exterior alteration (re-roof, stucco, solar panels) 680 Lionshead Place/Lot 3, Block 1, Vail Lionshead Filing 3 Applicant: Architectural Services ACTION: Approved MOTION: Dantas SECOND: Plante VOTE: 5-0-0 3. Eye Pieces DRB090488 / 10 minutes Final review of a minor exterior alteration (new entrance) 278 Hanson Ranch Road / Lots A & B, Blk 2, Vail Village Filing 1 Applicant: Dan Barry ACTION: Approved MOTION: DuBois SECOND: Gillette VOTE: 5-0-0 4. Joe's Deli DRB090443 / 15 minutes Final review of a sign (menu board, daily special) 288 Bridge Street, Unit C-1/Lot D, Block 5A, Vail Village Filing 1 Applicant: Joseph Joyce 3:OOpm Bill Warren Warren Rachel Page 1 ACTION: Approved with conditions MOTION: Dantas SECOND: DuBois VOTE: 5-0-0 CONDITION(S): 1. The applicant shall locate the menu box on the south side of the column with a one inch border of stone on the left and right of the menu box. 2. The menu box shall match the color and material of the Ritz-Carlton display box located on the subject property. 3. The specials board shall be located on the north side of the column below the existing business identification sign and be consistent in design with the existing business identification sign. 5. Ritz-Carlton Destination Club / 15 minutes Rachel Appeal of staff denial (signage) 288 Bridge Street/Lots E, F, Block 5A, Vail Village Filing 1 Appellant: Jeff Selby ACTION: Uphold Staff Denial MOTION: DuBois SECOND: Plante VOTE: 5-0-0 FINDINGS: 1. The subject plaques are signs as defined in Title 11, Sign Regulations and therefore are subject to the regulations within Title 11, Sign Regulations, Vail Town Code. 2. The subject plaques are business signs, as defined in Title 11, Sign Regulations, Vail Town Code. 3. The subject plaques exceed the limit of one sign per business, in violation of Title 11, Sign Regulations, Vail Town Code. Information Update: Frontage Road Lighting Master Plan Update / 60 minutes STAFF APPROVALS Hicks Residence DRB090308 Final review of a minor exterior alteration (patio and water feature) 225 Forest Road/Lot 25, Block 7, Vail Village Filing 1 Applicant: Mary Ferero Vail Resorts DRB090334 Final review of a sign (projecting and wall) 616 West Lionshead Circle, Unit 300/Vail Lionshead Filing 4 Applicant: Jeff Babb Bill Bill Bill Loftus Residence DRB090349 Bill Final review of a minor exterior alteration (windows) 4335 Spruce Way #4/Lot 4, Block 3, Bighorn Subdivision 3rd Addition Applicant: Steve Loftus Versman Residence DRB090353 Warren Final review of changes to approved plans (landscaping) 4230 Spruce Way/Lot 3, Block 7, Bighorn 3rd Addition Applicant: Eco Irrigation & Landscaping Page 2 'Al 0 n rt- C ;P- Q LA c c c D R