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Home My WebLink AboutPEC080026Planning and Environmental Commisson ACTION FORM Towxff VA 00AA1.1Nf1-V OEWLOPWW 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. Prochnow setback variance PEC Number: PECO80026 Project Description: Participants: ADDITION REQUIRING SETBACK VARIANCE OWNER PROCHNOW, CHRISTOPHER T. & A 05/12/2008 1241 STRATFORD RD KANSAS CITY MO 64113 APPLICANT FRITZLEN PIERCE ARCHITECTS 1650 EAST VAIL VALLEY DR, #C-1 VAIL CO 81657 License: 0000001402 05/12/2008 Phone: 970-476-6342 Project Address: 483 GORE CREEK DR VAIL Location: TEXAS TOWNHOMES LOT 7 Legal Description: Lot: Block: Subdivision: VAIL VILLAGE FILING 4 Parcel Number: 2101-082-7601-1 Comments: Motion By: Viele Second By: Tjossem Vote: 5-0-1 Conditions: Action: APPROVED Date of Approval: 06/09/2008 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:300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0010089 1) The variance approvals are contingent on the Applicant obtaining Town of Vail approval of a design review application for the proposed additions. 2) The Applicant shall replace the 4 aspen trees (minimum 2.5 caliper) and 1 evergreen tree (minimum 6 foot) in the front yard prior to Certificate of Occupancy issuance. 3) The Applicant shall be subject to the Inclusionary Zoning requirements set forth in Section 12-24 Inclusionary Zoning, Vail Town Code for a 137.12 square foot addition of GRFA in the High Density Multiple Family Zone District. BOARD/STAFF ACTION Planner: Nicole Peterson PEC Fee Paid: $0.00 Apr 24 08 08:46p Michelle Marshall 913-248-6255 Parlance Application for Review by the Planning and Environmental Commission OaFut' Oepartmentcrt~nera "Devdopenent To, 75 South Rat Road, Val. Colorado 81657 Eeb 970.4792128 doe 970.4792452 web: WW Vailgav.aom Ay p0jecls ve*AY+p Ranting and EmionmE W Cwwvb*m rerkw app" that 1e4 tr Aft P" apP~ Please refer to the auE"W ~ M applicatbnfor FUrff" and Etrviro ,w.l al pa & The p ujea _ nary be accepted UW d ebo rmed to be reNAawed by is recaived by de CaRrariEy DevdoprneM Deparw the Tom Coundf ardor dre Oeftn Review Board Type of Appileation soul Fee: ❑ Rewft $1300 O CondIJOW Use Pa"It ifs ❑ fYbjarsubdbision $1500 O Fi oOmInModfficOm "M ❑ Mkwj Sub&AsW $650 O 141nor Wedor Aftration O 6aarrptbn Plat $650 O Major Bat dor Albrabon $ ❑ Minor Mrendmert to an SOD $1000 ❑ DWAbpment Plan $1500 0 New Spedal DevdopWa t Di3triCt $6000 O Ama xbw t to a Development Pion $'150 ❑ Major Mtendment to an SDD $6000 O Zoning code Mrw dmerx $1300 ❑ Major Nenerdment to an SDD $1250 O ~a Vadance $200 (no a owmao taesl DeraeripiionofttheRegae is AnOrYla&t joke z GR1aA 7%-,-Tom ! r denoN SnE loeatiion of the Propo h LDtr~_Blodc: Subdvision:J p.2 Phydeal ANro : " 3 45400MG trJr-dWe, PCWe Sethac.-I- J y ILFA SF Q✓~,yK¢ PIR Np,: WV/Q-A Z. 7401 / (C4ntaat Eagle CD. ft essor at 970-378-86+0 For parcel no.) Zoning: fjf+LT~ !''rte,' _ f-~~rid r+ante(s) Of OWRI e(:): AAW i Trr.9W PRaCA,ACAt Mifilrv Address: 45,ee g g• • LI ,PIMAZA A wWaW Z*IrQ U f--%- rr 4- VfA a c-f V54 /Z. 44V-a9AkPcP~1F /KE Plane: _9 7th -¢'76 3'4 z Owner(s) signature(s): X 6=L:n -J ~ C if wm of AppMosntti: AAvd F_eaC.HA1Or1 I1 Matting Addww: SANE to-malt Addrerss: gAi ee.. iiglR". +~PsrLlEt t 74 -#t c ;For Ones U" Ordy: Foe paid Meetlng DaOe:_~ ~ Pee No.: pbnner: project No.: F:ttd., ORMS%PentsVIoldr4%PEClvatmvWO-+a-M.ooc paps,ode Im" PR5 ~~-oie8 0 ~15 (49EAF) LVIWI~ LAIA~ pF, c-,,o 9 2-6 (Setba-ct) MAY 12, 2008 TOWN OF VHIL MAY 1 22008 TOWN _ T_ TEXAS TOWN HOUSE ASSOCIATION c/o Lee M. Edwards PO Box 489 Locust Valley, NY 11560 516-671-8857, fax 516-759-6247, Vail 479-9528 email: I,1 dxvaI2. 4(alaol.ccmi 3/15/08 Town of Vail Vail, Colorado 81657 Dear Town of Vail: On behalf of the owners of Texas Town Houses, 483 Gore Creek Drive in Vail, I would like to inform you that the ownership has voted their APPROVAL for the proposed design as circulated, for the remodeling plan for unit #7A, owned by Mr. and Mrs. Tyler Prochnow. Yours sincererly, Lee MacCormick Edwards President, Texas Town House Association 77 r ~t Ii !UWto Vt • JOINT PROPERTY OWNER WRITTEN APPROVAL (LETTER ~ e, A Cj%'~,1/~ rtl'S af1~ti' R PTA c % -/10 /tciD I(pnnt name) Gowrer of property located at - 11 t. xlq i 7 0(,1 rv d1.sc•s 60 provide this letter as written approval of the plans dated _ ZU X c: ,t/ , e 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 proposed improvements include: (Signature) f'(llate) Additionally, Please check the statement below which is most applicable to you: Vi MdeVwe that miner modifications may be made to the grans over the course of the reww process to e► swe cnrWAance with Me row? S; appiicable codes and rcpfda0ons C'f I request that all modifcabions, min ar or otherwrae, wWt are made to the Airs over the C7Dfr w of the review pw ess, be brought to my attention by the applicant for additional approval bt~fore M*Mwn9 &TV*r review by tyre Town. 1 tr /A,iiiu/here) J a m/ + } s pn 7' o~• x r /e y R• r m z n r// ~ 1 N Y, 6 f F:%cdeNFORMSVtnntt Vlam lWECAmance111182006.doc Page 2 of 6 IM06 FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO Texas Townhome Owners: LOT 1 Owner Name/Address: PARKER, FOXHALL A. & HELEN W. - JT 205 HONEY HOLLOW RD POUND RIDGE, NY 10576 Account Number: R030473 Parcel Number: 210108235016 Legal Description: SUB:VAIL VILLAGE FILING 4 LOT:1 BK-0613 PG-0159 QCD 06-15-93 Physical Address: 000483 GORE CREEK DR VAIL AREA LOT 2 Owner Name/Address: DEMING, DAVID H. & JAMIE T. -JT 84 COVE RD OYSTER BAY, NY 11771 Account Number: R008300 Parcel Number: 210108272002 Legal Description: SUB:TOWNHOUSE LOT 2 VAIL VILL 4TH LOT:1 BK-0178 PG-0825 MAP 12-23-66 BK-0203 PG-0075 BK-0334 PG-0272 DEED 12-20-81 BK-0334 PG-0811 DEED 01-11-82 BK-0352 PG-0624 DEED 01-19-83 BK-0380 PG-0096 QCD 03-01-84 BK-0597 PG-0812 QCD 12-01-92 BK-0598 PG-0672 QCD 01-05-93 BK-0630 PG-0610 QCD 01-18-94 BK-0687 PG-0843 QCD 12-26-96 BK-0688 PG-0797 QCD 02-07-96 R644140 QCD 12-21-97 R644913 QCD 01-05-98 R658000 QCD 05-11-98 R658001 QCD 05-15-98 R658002 QCD 05-14-98 R658003 QCD 05-20-98 R659558 QCD 06-09-98 R690120 QCD 03-11-99 R720910 QCD 01-03-00 R722010 QCD 01 -21 -00 R754223 QCD 03-08-01 Physical Address: 000483 GORE CREEK DR VAIL AREA C0WF~ nI FRITZLEN P I E R C E FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO LOT3and4 Owner Name/Address: WOODHULL TRUST - JOHN R. WOODHULL & BARBARA A. WOODHULL TRUSTEES 3 HARBOR ISLAND NEWPORT BEACH, CA 92660 Account Number: R009370 Parcel Number: 210108235004 Legal Description: SUB:VAIL VILLAGE FILING 4 LOT:3 BK-0248 PG-0020 SWD 05-27-76 BK-0515 PG-0588 SWD 10-05-90 BK-0548 PG-0877 SWD 02-28-91 BK-0226 PG-0580 SWD 10-06-72 BK-0727 PG-0262 BSD 05-19-97 R941297 WD 12-12-05 Physical Address: 000483 GORE CREEK DR VAIL AREA (Lot 4) Owner Name/Address: WOODHULL TRUST - JOHN R. WOODHULL & BARBARA A. WOODHULL TRUSTEES 3 HARBOR ISLAND NEWPORT BEACH, CA 92660 Account Number: R008210 Parcel Number: 210108273005 Legal Description: (Unit A)URFREE CONDO UNITAA BK-0232 PG-0201 MAP 11-26-73 BK-0232 PG-0706 WD 12-14-73 BK-0376 PG-0869 MAP 01-18-84 BK-0471 PG-0313 QCD 10-01-87 BK-0611 PG-0992 MAP 06-23-93 R941296 WD 12-12-05 Legal Description: (Unit B)URFREE CONDO UNITAB BK-0232 PG-0201 MAP 11-26-73 BK-0232 PG-0705 WD 12-11-73 BK-0238 PG-0858 WD 01-24-75 BK-0243 PG-0038 WD 11-05-75 BK-0254 PG-0208 WD 04-05-77 BK-0273 PG-0002 WD 08-02-78 BK-0376 PG-0869 MAP 01-18-84 BK-0471 PG-0312 QCD 10-01-87 FRITZLEN PIERCE FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO BK-0611 PG-0992 MAP 06-23-93 R941298 WD 12-12-05 Physical Address: 000483 GORE CREEK DR Unit: 4A VAIL AREA LOT 5 Unit A Owner Name/Address: EDWARDS, LEE MACCORMICK PO BOX 489 LOCUST VALLEY, NY 11560 Account Number: R009520 Parcel Number: 210108274008 Legal Description: CONDO: FORBES/PARKER CONDOMINIUMS UNIT:5A BK-0385 PG-0495 MAP 05-14-84 BK-0446 PG-0369 QCD 07-28-86 Physical Address: 000483 GORE CREEK DR Unit: 5A VAIL AREA LOT 5 Unit B Owner Name/Address: HAWKWOOD INC 1000 S FRONTAGE RD W 200 VAIL, CO 81657 Account Number: R008290 Parcel Number: 210108274007 Legal Description: CONDO: FORBES/PARKER CONDOMINIUMS UNIT:513 BK-0226 PG-0703 WD 11-21-72 BK-0385 PG-0495 MAP 05-14-84 BK-0446 PG-0368 QCD 07-31-86 Physical Address: 000483 GORE CREEK DR Unit : 5B VAIL AREA LOT 6 Owner Name/Address: MACCORMICK, ALEXANDER PO BOX 485 LOCUST VALLEY, NY 11560 Account Number: R011046 Parcel Number: 210108275014 Legal Description: SUB:TOWNHOUSE LOT 6 VAIL VILL 4TH LOT:6 DESC: UNIT 1 BK-0281 PG-0305 MAP 01-29-79 R200633099 DC 03-05-06 Physical Address: 000483 GORE CREEK DR VAIL AREA FRITZLEN PIERCE t FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO LOT 7 Unit A Owner Name/Address: PROCHNOW, CHRISTOPHER T. & ANN T. -JT 1241 STRATFORD RD KANSAS CITY, MO 64113 Account Number: R007941 Parcel Number: 210108276011 Legal Description: SUB:TOWNHOUSE LOT 7 VAIL VILL 4TH LOT:7 DESC: UNIT 1 BK-0216 PG-0793 MAP 01-13-69 BK-0217 PG-0258 WD 02-25-70 R762259 QCD 06-27-01 R821554 LET 12-26-01 R823215 SWD 01-29-03 R835846 LET 12-28-01 Physical Address: 000483 GORE CREEK DR VAIL AREA LOT 7 Unit B Owner Name/Address: HELEN H. CHATFIELD TRUST 1201 EDGECLIFF PL APT 1121 CINCINNATI, OH 45206 Account Number: P001767 Parcel Number: 210108276010 Legal Description: SUB:TOWNHOUSE LOT 7 VAIL VILL 4TH LOT:7 DESC: UNIT 2 HOUSEHOLD FURNISHINGS 2101-082-76-010 Physical Address: 000483 GORE CREEK DR VAIL AREA LOT 8 Owner Name/Address: LIGHTHALL, DIANE GAMEL 5455 LAKESHORE DR LITTLETON, CO 80123 Account Number: R009410 Parcel Number: 210108235009 Legal Description: SUB:VAIL VILLAGE FILING 4 LOT:8 BK-0468 PG-0370 SWD 08-20-87 BK-0638 PG-0508 SWD 03-01-94 BK-0638 PG-0509 SWD 04-01-94 Physical Address: 000483 GORE CREEK DR VAIL AREA FRITZLEN PIERCE COMMUNITY DEVELOPMENT ROUTING FORM Routed To: Public Works Date Routed: 05/14/08 Routed B : Planner Date Due: 05/21/08 Project Name: Prochnow Residence Project PRJ08-0168 Activity PEC08-0025 & 0026 Description of work: T varinaces to allow for an addition Address: 483 Gore Creek Drive Legal: Lot: 7 Block: Subdivision: Texas Townhomes Status: ❑ Approved ❑ Approved with conditions ® Denied Comments: Date Reviewed: 5/15/08 L] Fire Department Issues. Need additional review b Fire Department. 1) Provide a site plan showing limits of disturbance and protection of Gore Creek. cad Date: 05-19-2003 Property Address: 483 GORE CREEK DRIVE SONNENALP REAL ESTATE 242 E. MEADOW DRIVE VAIL, CO 81657 Attn: JONI WHITE-TAYLOR Phone: 970-477-5300 Fax: 970-477-5301 EMail: jtaylor*sonnenalp.com Sent Via US Postal Service NATIONAL CITY MORTGAGE 11300 TOMAHAWK CREEK PKWY SUITE 100 LEAWOOD, KS 66211 Attn: PHIL SCAGLIA Phone: 877-833-3591 Fax: 913-3384441 Sent Via Fax Land Title Guarantee Company CUSTOMER DISTRIBUTION CHRISTOPHER T. PROCHNOW AND ANN T. PROCHNOW 1015 W. 69TH ST. KANSAS CITY, MO 64113 Phone: 816-361-6371 Fax: 816-361-8343 Sent Via US Postal Service Our Order Number: V50000556-5 SONNENALP REAL ESTATE 242 E. MEADOW DRIVE VAIL, CO 81657 Attn: DONNA CAYNOSKI Phone: 970-477-5300 Fax: 970-477-5301 EMail: dcaynoskiesonnenalp.com Sent Via US Postal Service THE ESTATE OF JOHN WHITNEY WHITNEY PARTNERSHIP 600 17TH ST. SUITE 750 SOUTH DENVER, CO 80202 Attn: DEED WHITNEY Phone: 303-573-3777 Fax: 303-573-3888 Sent Via US Postal Service LAND TITLE GUARANTEE COMPANY 0030 BENCHMARK RD #216, PO BOX 3480 AVON, CO 81620 Attn: Kathryn Kuchler Phone: 970-949-5099 Fax: 970-949-4892 Entail: kkuchler®Itge.com Form DELIVERY Land Title Guarantee Company YOUR CONTACTS Date: 05-19-2003 Our Order Number: V50000556-5 f Property Address: 483 GORE CREEK DRIVE Buyer/Borrower: CHRISTOPHER T. PROCHNOW AND ANN T. PROCHNOW Seller/Owner: EDWARD ALDEN WHITNEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN A. WHITNEY, DECEASED Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or continents. If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: Wire Information: For Title Assistance: Kathryn Kuchler Bank: FIRSTBANK OF COLORADO Vail Title Dept. 0030 BENCHMARK RD #216, PO BOX 3480 10403 W COLFAX AVENUE Roger Avila AVOID; CO 81620 LAKEWOOD. CO 80215 108 S. Frontage Rd. W. #203 Phone: 970-949-5099 Phone: 303-237-5000 P.o. Box 357 Fax: 970-9494892 Credit: LAND TITLE GUARANTEE COMPANY Vail, Co 81657 Email: kkuchleroltgc.com ABA No.: 107005047 Phone: 970-476-2251 Account: 2160521825 Fax: 970-4764534 Attention: Kathryn Kuchler Email: Ravila@ltgc.com Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to an of our 40 office locations. ESTIMATE OF TITLE FEES Alta Owners Policy 10-17-92 (Reissue Rate) $1,011.00 Alta Loan Policy 10-17-92 $140.00 Deletion of Exceptions 1-3 (Owner) - 30.00 Deletion of General Exception 4 (Owner) 10.00 Deletion of Exceptions 1-3 (Lender) $30.00 Deletion of Exception 4 (Lender) 0.00 Endorsement Alta 9 (Lender) 82.00 Endorsement Alta 8.1 (Lender) 30.00 Endorsement 103.1 (Lender) 30.00 Endorsement Alta 4 (115.1) (Lender) 82.00 Tax Report SCH# R007941 has been ordered from Eagle Cry $15.00 L_ TOTAL $1,460.00 Form CONTACT THANK YOU FOR YOUR ORDER! Property Address: 483 GORE CREEK DRIVE Chicago Tide Insurance Company ALTA COMMITMENT Schedule A 1. Effective Date: April 21, 2003 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 Proposed Insured: CHRISTOPHER T. PROCHNOW AND ANN T. PROCHNOW "ALTA" Loan Policy 10-17-92 Proposed Insured: NATIONAL CITY MORTGAGE Our Order No. V50000556-5 Cust. Ref.: $675,000.00 $164.800.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: EDWARD ALDEN WHITNEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN A. WHITNEY, DECEASED 5. The land referred to in this Commitment is described as follows: UNIT 1, THE TOWNHOUSE ON LOT 7, VAIL VILLAGE FOURTH FILING, ACCORDING TO THE MAP RECORDED JANUARY 13, 1970 IN BOOK 216 AT PAGE 792 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED JANUARY 13, 1970 IN BOOK 216 AT PAGE 793, COUNTY OF EAGLE STATE OF COLORADO. ALTA COMMITMENT or Schedule B - Section I (Requirements) Our Order No. V50000556-5 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. RELEASE OF DEED OF TRUST DATED FEBRUARY 05, 2003 FROM EDWARD ALDEN WHITNEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN A. WHITNEY, DECEASED TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF EDWARD A. WHITNEY TO SECURE THE SUM OF $500,000.00 RECORDED FEBRUARY 12, 2003, UNDER RECEPTION NO. 823216. 2. CERTIFICATE OF RIGHT OF FIRST REFUSAL IN COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT. NOTE: THE ABOVE SAID REQUIREMENT HAS BEEN MET. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 4. PERSONAL REPRESENTATIVE'S DEED TO CHRISTOPHER T. PROCHNOW AND ANN T. PROCHNOW IN THE ESTATE OF JOHN A. WHITNEY, DECEASED. 5. DEED OF TRUST FROM CHRISTOPHER T. PROCHNOW AND ANN T. PROCHNOW TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF NATIONAL CITY MORTGAGE TO SECURE THE SUM OF_1164.800.00. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY AND MORTGAGEE'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. 0~ ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50000556-5 Continued: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO.4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF EDWARD ALDEN WHITNEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN A. WHITNEY, DECEASED. CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF CHRISTOPHER T. PROCHNOW AND ANN T. PROCHNOW. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2003 AND SUBSEQUENT YEARS. ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50000556-5 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. IL RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER-CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR THE FORMATION OF THE TEXAS TOWNHOUSE ASSOCIATION RECORDED NOVEMBER 30, 1984 IN BOOK 401 AT PAGE 209. ALTA COMMITMENT Schedule B - Section 2 1 (Exceptions) Our Order No. V50000556-5 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 31 RECORDED JANUARY 26, 1987 IN BOOK 456 AT PAGE 459. 14. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS AS CONTAINED IN INSTRUMENT RECORDED JANUARY 13, 1970, IN BOOK 216 AT PAGE 793. 15. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAIL VILLAGE, FOURTH FILING AND THE RECORDED MAP OF THE TOWNHOUSE ON LOT 7, VAIL VILLAGE FOURTH FILING. 16. TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT RECORDED JANUARY 08, 1964 IN BOOK 178 AT PAGE 489. 17. TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT RECORDED JANUARY 08, 1964 IN BOOK 178 AT PAGE 493. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. . Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. 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One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CHI (05/19/2008) Nicole Peterson - RE: Texas Townhomes Unit 7 Page 1 From: Warren Campbell - To: Lynn A. Fritzlen Date: 05/15/2008 7:53 AM Subject: RE: Texas Townhomes Unit 7 CC: Jennifer McKelvie; Nicole Peterson Lynn, Please send all revised information to Nicole Peterson, the planner working on the project. Thanks 25-b ~j~~ Warren > > > "Lynn A. Fritzlen" <IvnnC(bvailarchitects.com> 05/14/2008 4:38 PM > > > Thanks Warren for your response. I will get back to you shortly. Lynn -----Original Message----- From: Warren Campbell Lailto:WCampbellCc)vail(iov.coml Sent: Wednesday, May 14, 2008 4:25 PM To: Lynn A. Fritzlen Cc: Nicole Peterson Subject: Texas Townhomes Unit 7 Lynne, I am writing this email in regards to the Design Review application you submitted for a 184 square foot addition to Texas Townhomes Unit 7. Nicole Peterson has been assigned to work on this variance request. Nicole Peterson will be out of the office until Monday May 19th. In order to get this application moving through the process, Staff reviewed the proposal at our meeting on Tuesday. After this discussion and a quick review of the files for Texs Townhomes here are some comments which you can begin to address. Please address this comments and provide and new or revised materials to Nicole Peterson. Sic LA*,, 3.rc+ lot -7- 4 .J 4Lr -5 - CX'S"Na 1) This application is for a 250 addition. It appears you have requested a GRFA variance. There has never been a GRFA variance supported by staff nor one approved by the PEC. In reviewing the file for Lot 7 no 250 has been previous requested or granted. Therefore the 250 addition is available. It appears you are proposing to add 184 square feet. 2) Please provide a written response to the variance criteria found in Section 12-17-6, Criteria and Findings, Vail Town Code, for each variance type you are requesting. Examples, if need, can be found in multiple Texas Townhome files. There are previous approvals which support several of your requests. 3) You have applied for side setback variances which is appropriate. I do believe in reviewing the application that a site coverage variance may additionally be required. In the HDMF district site coverage is permitted to be 55%. Please confirm the structure with and without the addition will not exceed 55%. It appears you comply with the 50-foot Gore Creek setback and that your addition will not impact the landscaping requirement; however, please confirm that 30% of the site meets the landscape area requirements. Both the Fire and Public Works Departments are reviewing this application as well. There will be additional comments coming. Public 3V 50 L)A*1 "Atx- ZU 4-0 (05/19/2008) Nicole Peterson - RE: Texas Townhomes Unit 7 Page] Works will likely be interested in limits of disturbance fencing and how the property will be accessed to perform the work. Please show this on the site plan. Please confirm whether or not the project needs site coverage or landscaping variances by 5 pm on May 20th, so that the proper notice can be created for publishing in the Vail Daily. Thanks Warren N O1 / r J z 0 I 11 / / D a 0 s`~Ie Z N _ abo • / 01 p 0 / m 0 O O 0 l r 11 rt 0 NO S10e3d1JU.. / > w 8 99.1 p r l4r; 9 am :j 9 (C4LC l / 110, kD n ti co V e N N rn 171 O 0 CHALET ROAD I 93 = 0 L I o ' rn ^ 93 00 J f + = V1 + rr) 93.00' - 7 (A - I C ` 0) 0 # - a ti N r ' 9300• ? a I 0 v u ~N a $ L o 93.0()• 1 7 1- 7 3 n o I I o p co . T I f u 93.00 a - I 94.64' n ^ r N00602100,,w 135.34' D D D m F Z O N < D F c r r D m D _ C7 r m M N to c- 0 m c - < z m m z N --1 O = t0 TOWN OFVAIUL . PLANNING AND ENVIRONMENTAL COMMISSION June, 9, 2008 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Prochnow Residence, 483 Gore Creek Drive 15 Minutes A request for final review of a major exterior alteration, pursuant to Section 12-71-1-7, Vail Town Code, to allow for the continued operation of a temporary public restroom and skier ticketing office, located at Lot 2, Lionshead 6th Filing, and setting forth details in regard thereto. (PEC080024) Applicant: Vail Resorts, represented by Kyle Griffith Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 20 Minutes 2. A request for a final review of variances from Sections 12-61-1-6, Setbacks, and Section 12- 6H-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing, and setting forth details in regard thereto. (PEC080025) Applicant: Ann and Tyler Prochnow, represented by Fritzlen Pierce Architects. Planner: Nicole Peterson ACTION: MOTION: SECOND: VOTE: 15 Minutes 3. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the combination of two lots into a single lot, located at 701 and 705 West Lionshead Circle/Parts of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080027) Applicant: Lionshead Inn LLC, Represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: . l~ V u~rt n 'u-'" < ~r J,4-J Page 1 5 Minutes 8. A request for final review of a conditional use permit pursuant to Section 12-71-1-5, Conditional Uses; Generally (On All Levels of A Building or Outside of A Building), Vail Town Code, to facilitate the construction of a public building, grounds, and facilities (transportation center) on the North Day Lot, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080010) Applicant: Town of Vail Planner: Warren Campbell/George Ruther ACTION: Withdrawn 9. Approval of May 12, 2008 minutes MOTION: SECOND: VOTE: 10. Information Update Chamonix Update 11. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail 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. Community Development Department Published June 6, 2008, in the Vail Daily. Page 3 ~ w MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 9, 2008 SUBJECT: A request for a final review of variances from Sections 12-61-1-6, Setbacks, and Section 12-6H-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing, and setting forth details in regard thereto. (PEC080025-26) Applicant: Ann and Tyler Prochnow, represented by Fritzlen Pierce Architects Planner: Nicole Peterson 1. SUMMARY The Applicant, Ann and Tyler Prochnow, represented by Fritzlen Pierce Architects, is requesting variances from Sections 12-6H-6, Setbacks, and Section 12-61-1-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing. Based upon Staffs review of the criteria in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions stated in section VIII, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The descriptions of the variances requested are as follows: 1. Side Setbacks (PEC08-0026): The Applicant is requesting to vary the east and west side setbacks from the required 20 feet to 0 feet to allow a 137.12 square foot addition (deck enclosure) on the north side (rear) and a 184.7 square foot deck on the south side (front). The rear addition will increase the size of two existing lower level bedrooms. The existing non-conforming structure is built to both east and west property lines (zero setbacks). 2. Landscaping (PEC08-0025): The Applicant is requesting to vary the landscaping from the 20% maximum hardscape allowed (142.5 square feet maximum) to 63.4% (740.3 square feet) to allow for a 184.7 square foot deck on the south side (front). The existing landscaping is non-conforming at 41.1% (555.6 square feet) hardscape. The existing and proposed overall landscaping meets the 30% minimum landscape requirement. It is only that portion of the landscaping counted as hardscape that requires the variance. Please see section IV of this memorandum for the definition of landscaping, which describes the 20% maximum hardscape requirement. A vicinity map (Attachment A), letter from the Applicant (Attachment B), and development plans and photos (Attachment C) are attached for reference. III. BACKGROUND The Texas Townhomes were originally constructed in 1965, prior to the adoption of the Vail Town Code in 1973. The townhome lots were originally platted under Eagle County jurisdiction. The existing townhomes are built up-to the property lines, making new construction, renovation, or structural changes impossible without the granting of a variance from the side setback regulations. All of the existing units are already encroaching into the side setbacks and are therefore legally non-conforming in regard to that requirement of the High Density Multiply Family (HDMF) district. Most of the units are also non-conforming to landscaping due to the small lot sizes. Variances of this nature have been granted to units within the Texas Townhomes. The following table includes previous variance approvals and known non-conformities: Unit Photo Variances/ Other approvals Non-Conformities 2000 - Dormer, window and Lot size deck addition Side setbacks 1981 - Remodel GRFA g pi 2 ` 2001 - Tree report and tree Lot size removal, front porch and bay Side setbacks window GRFA 2000 - Interior remodel, attic finish, dormer (250) 1982- Rear deck 2 3 1997 - Variance side setbacks Lot size z _ .y , to expand north and south Side setbacks decks. GRFA e' - i weAll 4 2002 - Deck and balcony Lot size s replacement Side setbacks AM' 1997 - Application for setback GRFA ° variance withdrawn " = - - 1987 - Remodel 1983 - Deck remodel 1975 - GRFA variance 5 2004 - Side setbacks variance Lot size f. for a dormer addition (250). Side setbacks 1993 - removal of large pine in GRFA front - replaced with 3 aspens) - a; N i T ~ : { $ a ypy p{~ y9q %Il 11 '1 Y 6 1991 - Side setbacks variance Lot size for a dormer addition, no Side setbacks ` change to GRFA GRFA 1980 - rebuild exterior deck i,tle 7 v Proposed variances to side Lot size setbacks and landscaping for Side setbacks addition to rear (250) and front GRFA deck. Landscaping I 2001- Replace windows " 2000 - Replace deck r . 8 2004- Side setbacks variance Lot size for a dormer addition (250). Side setbacks 1994 - remodel GRFA FFr IV. APPLICABLE PLANNING DOCUMENTS VAIL TOWN CODE Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Section 12-2 Definitions (in part) LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be deemed landscaping together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area. SETBACK. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE: A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. Section 12-6H: High Density Multiple Family District (in part) 12-6H-1 Purpose: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer 4 recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: Setbacks: The minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-6H-10: Landscaping and Site Development: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. Section 12-17 Variances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic orphysical conditions on the site orin the immediate vicinity, or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the Applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 8. Development Standards Excepted. Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment" of this title. 12-17-7. PERMIT APPROVAL AND EFFECT. Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. VAIL VILLAGE MASTER PLAN Staff believes that the following goals of the Vail Village Master Plan are relevant to the review of this proposal: #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 5 V. SITE ANALYSIS Address: 483 Gore Creek Drive, Texas Townhomes Unit 7 Legal Description: Lot 7 Vail Village 4th Filing Zoning: High Density Multiple Family Land Use Plan Designation: Vail Village Master Plan Current Land Use: Residential townhomes Lot Area 2,375.4 sf (.054 acres) Development Standard Required Existing Proposed Min. Lot Area: 15,000 sq. ft. 8,624 sq. ft. No change Min. Setbacks: Front: 20' 23' No change (Deck allowed to encroach) Sides: 20' (east) 0' 0' 20' (west) 0' 0' Rear: 50' Gore Creek 72' 66' Max. Building Height: 33' 25' No change Max. GRFA: 1,805.3 sf 2,013.2 sf* 2,150.32 sf* Max. Site Coverage: 712.6 sf (55%) 1,103 sf (46.5%) 1,207 sf (50.9%) Min. Landscape Area: 712 sf (30%) 1,000 sf (42%) 1,166 sf (49%) Max. Hardscape: 142.5 sf 574.6 sf 740.6 sf (Including decks, walks) (20%) (49%) (63%) Min. Parking: 2 spaces 2 spaces 2 spaces * The structure exceeds the maximum GRFA. However, the addition is p ermitted as a 250 addition under Section 12-15, Vail Town Code. VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Village Master Plan Natural Area Preservation (NAP) Gore Creek South: Village Master Plan Outdoor Recreation (OR) East: Village Master Plan High Density Multiple Famil y (HDMF) West: Village Master Plan High Density Multiple Famil y (HDMF) VII. CRITERIA AND FINDINGS 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 6 Side Setbacks (PEC08-0026): The Applicant is requesting to vary the east and west side setbacks from the required 20 feet to 0 feet to allow a 137.12 square foot addition (deck enclosure) on the north side (rear) and a 184.7 square foot deck on the south side (front). The existing non-conforming structure is built to both east and west property lines (zero setbacks). The existing residences to the east and west (Units #6 and #8) are also built to the property lines with 0 setbacks. Both units #6 and #8 were granted east and west side setback variances in the past. Staff does not believe the neighbors will be negatively impacted by the proposed addition. Landscaping (PEC08-0025): The Applicant is requesting to vary the landscaping from the required 20% maximum hardscape (142.5 square feet maximum) to 63.4% (740.3 square feet) to allow for a 184.7 square foot deck on the south side (front). Although no other units have been granted a variance to landscaping; it is apparent in looking at the vicinity map that most, if not all the units exceed the landscape ordinance. The reason is that all other units have similar decks and walkways, which would also exceed the maximum hardscape requirement. The subject property is in compliance with the first half of the landscape ordinance which requires a minimum of 30% of the site to be landscaped (56.8% proposed). However, the ordinance goes on to only allow 20% of that 30% of landscaping to be hardscape (deck, walkways etc). The existing structure exceeds the 20% of 30% requirement. However, the proposed front deck further exceeds the requirement, therefore the variance is required. Units #3 and #4 have existing decks very similar to the proposed front deck. Staff does not believe the neighbors will be negatively impacted by the proposed addition. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Side Setbacks (PEC08-0026): The Applicant is requesting to vary the east and west side setbacks from the required 20 feet to 0 feet to allow a 137.12 square foot addition (deck enclosure) on the north side (rear) and a 184.7 square foot deck on the south side (front). Staff does not believe approval of the requested setback variances would be a grant of special privilege. Other units with-in the development have been granted variances to side setbacks and all of the existing units in the townhouse structure encroach into the side setbacks. The reason for the non-conformities is that Texas Townhomes were originally constructed in 1965, prior to the adoption of the Vail Town Code in 1973 and the lots were originally platted under Eagle County jurisdiction. The lot size, lot configuration and existing structure are all physical hardships on this lot which greatly restrict the ability of improvements to be made to the structure without a variance. 7 Landscaping (PEC08-0025): The Applicant is requesting to vary the landscaping from the required 20% maximum hardscape (142.5 square feet maximum) to 63.4% (740.3 square feet) to allow for a 184.7 square foot deck on the south side (front). Staff does not believe approval of the requested landscape variance would be a grant of special privilege. Although no other units have been granted a variance to landscaping; it is apparent in looking at the vicinity map that most, if not all the units exceed the maximum hardscape requirement. Units #3 and #4 have existing decks very similar to the proposed front deck. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff does not believe that approval of the variances will have a negative effect on the factors listed above. However, because the proposal requires the removal of 4 aspen trees and 1 evergreen tree, Staff is recommending that a condition of approval shall be the replacement of the trees on a one for one basis. Staff has drafted a condition to that effect under Section VIII of this memorandum. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Another factor in consideration of the requested variances is that the Planning and Environmental Commission has approved similar variances within the Texas Townhomes development (See table in Section III of this memorandum). VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the requested variances from Sections 12-61-1-6, Setbacks, and Section 12-61-1-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing. Staff's recommendation is based upon the review of the criteria in Section VII of this memorandum. Staff has provided the two variance requests in separate motions, below, for the Commissions consideration. Should the Planning and Environmental Commission choose to approve the variance requests, the Community Development Department recommends, the Commission pass the following separate motions: Side Setbacks "The Planning and Environmental Commission approves a variance from Section 12-6H-6, Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, to vary the east and west side setbacks from the required 20 feet to 0 feet to allow a 137.12 square foot addition (deck enclosure) on the north side (rear) and a 184.7 square foot deck on the south side (front) located at 483 Gore Creek 8 Drive/Lot 7, Vail Village 4th Filing." Landscaping "The Planning and Environmental Commission approves a variance from Section 12-6H-10, Landscaping and Site Development, Vail Town Code, to vary the landscaping from the required 20% maximum hardscape (142.5 square feet maximum) to 63.4 % (740.3 square feet) to allow for a 184.7 square foot deck on the south side (front)located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing." Should the Planning and Environmental Commission choose to approve the variance requests, Staff recommends the following conditions: "I. The variance approvals are contingent on the Applicant obtaining Town of Vail approval of a design review application for the proposed additions. 2. The Applicant shall replace the 4 aspen trees (minimum 2.5 caliper) and 1 evergreen tree (minimum 6 foot) in the front yard prior to Certificate of Occupancy issuance. 3. The Applicant shall be subject to the Inclusionary Zoning requirements set forth in Section 12-24 Inclusionary Zoning, Vail Town Code for a 137.12 square foot addition of GRFA in the High Density Multiple Family Zone District." Should the Planning and Environmental Commission choose to approve the variance requests, Staff recommends the Commission, make the following findings: "1. That the granting of the variances do not constitute a grant of special privilege inconsistent with the limitations on other properties. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the strict literal interpretation or enforcement of the setback and landscaping regulations results in a practical difficulty or unnecessary physical hardship inconsistent with the development objectives of the Town Code. 4. That the strict interpretation or enforcement of the specified regulation would deprive the Applicant of privileges enjoyed by the owners of other properties in the vicinity." IX. ATTACHMENTS A. Vicinity Map B. Letter from Applicant C. Plans D. Public Notice 9 Attachment A: Vicinity Map 10 Lynn Fr tzlen, AEA, Architect F. Pie,Ce„ A,c itect Tyson Dearduff, Dilec or of Architect! tre ka by Fles nga, C'`ice Manage, May 19, 2008 Project: Prochnow Residence Addition Texas Townhome Lot 7, Lower Unit Vail Village 4th Filing Subject: Variance Application for Side Setback Per Section 12-61-1-6, Setbacks, Vail Town Code Response to Criteria Prepared by: Lynn Fritzlen VAIL, COLORADO Attachment B Description of Variance Requested The applicant is seeking approval for 137 GRFA infill area located below an existing deck. The additional GRFA will be allowed by a 250sf addition. The proposed (and existing) GRFA will encroach into the side setbacks. Precedence The requested variance is similar to other variances that have been granted in the Texas Townhomes (Unit 1A, 16, 2A 4A 4B and 613) and therefore is not a grant of special privilege. Hardship The Texas Townhomes were constructed prior to the adoption of current applicable zoning standards and were rendered non-conforming from the inception of the Town of Vail Zoning ordinance. Effect on light and air, distribution of population, transportation and traffic facilities, etc. The proposed variance will have no negative impacts on these items. FRITZLEN 1650 East Vail Va ley Drive, Fallricge C-1., PIERCE `rail. Co'orado 81657 c -;0.476,6342 F: 970.476A901 infG(_?VBiarCilltP.CtS.CC'Y`: FRITZLEN PIERCE ARCHITECTS Attachment D A l+ 7UWNOF " THIS ITEM MAY AFFECT YOUR PROPERTY i!~j PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on June 9, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a major exterior alteration, pursuant to Section 12-71-1-7, Vail Town Code, to allow for the continued operation of a temporary public restroom and skier ticketing office, located at Lot 2, Lionshead 6th Filing, and setting forth details in regard thereto. (PEC080024) Applicant: Vail Resorts, represented by Kyle Griffith Planner: Bill Gibson A request for a final review of variances from Sections 12-61-1-6, Setbacks, and Section 12- 61-1-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing, and setting forth details in regard thereto. (PEC080025) Applicant: Ann and Tyler Prochnow, represented by Fritzlen Pierce Architects. Planner: Nicole Peterson A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the combination of two lots into a single lot, located at 701 and 705 West Lionshead Circle/Parts of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080027) Applicant: Lionshead Inn LLC, Represented by Mauriello Planning Group LLC Planner: Warren Campbell A request for final review of an amended major exterior alteration, pursuant to Section 12- 7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for a change in the approved unit type mix in the Strata redevelopment, and a request for final review of a conditional use permit, pursuant to Section 12-71-1-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle/Parts of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080028 and PEC080030) Applicant: Lionshead Inn LLC, Represented by Mauriello Planning Group LLC Planner: Warren Campbell The applications and information about the proposals are available for public inspection during 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. Published May 23, 2008, in the Vail Daily. N n A r rn ~ / Q O / r- D rr7 o~ 1 rn < ou 8 r O. e L !Agog O D a'~ a m N .,f 93.00 n Vf $ ~ yA x ~~m~ D C ~ t. 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Net New GRFA for Prochnow Residence A. Residential Increase = Inclusionary Zoning Increase in GRFA = 137 sq ft increase Inclusionary Zoning requirement = 10 percent of net new residential sq ft 137 sq ft x 10 % = 13.7 sq ft required deed restricted employee housing B. Possible Method of Mitigation for Inclusionary Zoning 1. Fee-in-Lieu i. Provide a fee-in-lieu payment to the Town of Vail of 13.7 sq ft x $301.65 / sq ft = $4,432.61 II. Payment of the Fee-in-Lieu A. Payment of the fee-in-lieu of $4,432.61 must be paid prior to the issuance of a building permit for the project % 4% a RECYCLED PAPER