HomeMy WebLinkAboutBIGHORN 4TH ADDITION LOT 2 LEGAL.pdfDesign Review Action Form
TOWN OF'VAIL
Pdect Name: Dietrich tree removtl Proiect Number:
Project Description: remove two large coniferous trees from rear of house which are con-
tributing to roof ice dams
Owner, Address, and Phone: Fritr Dietrich
953 S. Frontage Rd W. #302, Vail, CO 81657
476-6730
Architect/Contact, Address, and Phone: sane as above
Project Street Address: 4316 Streamside Circle W.
Legal Description: Lot 2, Bighorn 4th Addition
Parcel Number: 210LI22L3AA2 Building Name: Dietrich residence
Comments: The removal of these trees will have little impact due to the fact that the lot
is very well-vegetated. Removal is also a mitigative action and will eliminate
the potential for these trees to fall upon the existing residenca
Board/Staff Action
Action:staff approved
TownPlanner; AunKjerulf
Date: 09129/99
Pdect Name: Dietrich tree removal
Documenll
Motion by:
Seconded by:
Vote:
Conditions:
DRB Fee Paid: $20.00
SEP-2€|-slE'
Qucsnous? CaiiJlir.,ning Siai: ::. i, i-i.23
APPLICATION FOR DESICN RI,VIEW APPROVAL
GENERAI INFORMATIO}i
This applierricn is for any pro-icct rcquir:ng Design Rcviov apprcval. Any 5rrojcct rcquiring dcsign rwictr' rnust
rcacivc Dcsign Rcvicw approval pricr to submitting for a buiiding pcrrnit. For spccific informatjon. sci tic subrni$al
rcquircnurts for thc panicular approwal that is rcquetcd Thc applicariorr cannot bc accsptcd unnl ail thc reopircd
infomadon is submincd Thc projcc may also ncrd !o bc rcvic\ycri by thc Town Councii and,/or thc Planning and
Elvironrnsrtal Conrnrission. Design Rcvicw Borrd .pprovat crpircs onc ycar eftcr finel epproval unlcss e
buildiog pcrmia is issued ald coBstruction is sarted.
PFrYSTCALADDRESS: {3 l6 Sr-:eg'^+,& C,'-"V Qot
PARCEL #:2lott72t3 002 (Contact Eaglc Co. Assesso$ Officc at 970-328-8640 for parcc! f)
ZONINC:
OM-DEV_DEPT.
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OB. 32 FROM ' TOV-C tD,g?@4?s,2452 PAGE 2/2
A.
Eiqlo'-n B.
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D.
F
DESCRIPTION OF THE REQUEST:
c.
NAME OF OWNER(S):
MAILINC ADDRESS:
\./o.;l . co tt
owllER(s) STGNAT{JRE{5):
NAME OF APPLICAI..IT:
MAILINGADDRESS:
PHONE:
Fi. TYPE OF REVIEW AND FEE:
E Ncw Constructioa - $200 Con:struction of a ncw builtling.
D Additioo - S50 Includcs any addition whcrc vquarc fooagc is addcd to any rcsidortial or
. / comrnscial buiiding.
{Minor AJtcntios - S20 lncludcs nrinor changcs to buildings and sire tmprovcmcns. such as.
rcroofing. painting. wildow ariditions. landscaping. fcnccs and rctairung
walls. ctc.
' DRB fces are to bc paid a dre hme of srbmitral. Latcr. whcn applying for a buiiding pennil plesc identify
thc accurate valuancn ofthc projccr. The Town ofVail wiil acijusr rhe tcc according io thc orojcct vaitation,
P!-EASE SUBMTT THIS APPLICATION. ALL SUBMI'TTAL REQUIREMENTS,I\D THE FEE TO THE
DEP.{RT}IENT OF CO}IN{UNITY DEVELOP}IENT.75 SOUTH FRONTAGE ROAD,
vArL, coLoRADo 81657.
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4rcts
fr'oLt 1""'s
olign Review Action F{h
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TOWN OF VAIL t7 l0 3Ja
?n^t" 1i/rq l',,/ / a4 /9{
prqectName: Atrc/^ ?t5 td\,,re - -r.,,i|./e -.{n r/N n/t e/f n<
Building t"t"' r./ / ri
category numoerL
ProiectDescriplisn: 7X^^ 4rtJV'"ag pri,{u/i,r hr*tP ah./ CoAI*r.f /,t-d rq/e {""//
Owner. Address and Phone:
7 o, S
,3rC[i1el1bontact, Address and Phone:
'ta q/?-,1as
4 I // 77\ " - /
Legal Description: Lot Bfock- Subdivision 6rqhor a '/ '- Zone District d-fae r /f '/^- --------V (,
Proiectstreet naaress: /7/b (y'fau'rtfrt' (,(
Comments:
,€,u)e
7)A /rt',*
- _l r.'/pf lt d ,/L
Board / Staff Action
Motion by:- tl n Vote:
-
/tl / A vote: A/ /A
Seconded by:
! Approval fo/lotJr,r5 66prie1)YuQl trf/fuua.t Ff '"^'
! Disapproval t'i'rYia,i'zo,Y!t io 1q/"'' / /:iJf(dYe
fo /! at,,, 1 canr e7fi'r< /, ilrr/or/ ilra*g^n, ;*tr
Atute, t & pi/'t^," + rtde{,ttt / Ar,t
/ $y )f0
6 iQf il rzy,er/ .
fi/ staff Approvat . ,,- nffi. lo 'r'' /'l/ *Conditions:
,. 1
-y'/ai yiar '4 / )t(.,1?4(?
v
/,/ d t2tt1 7l-y l'an /
/r, 1,/ r,tJ 1rorl/l- (o,n{r^ r,rg *
3V' u"tK.
Town Planner
,/ ae A//Date: A- c/ / - / 7 DRB Fee Pre-paid '8 + )Sd 6p{k
rcv|ffid 2t24lSi --- tJ -'.?<i Date of Applicalion a ,, t r t
Date of DRB Meeting 7'- /<. ,.-
Date of PEC Meeting (if necessary)
APPLICATION FOR ADDTTIONAL GRFA (250)
TYPE OF REQUEST
Standard 250
Type I EHU 250
Type ll EHU 250
Type V EHU 250
II. PRE-APPLICATION CONFERENCE
A pre-application conference with a member of the planning staff is strongly encouraged to
discuss the provisions under which additional GRFA can be added to a site. lt should be
understood that this ordinance does not assure each property an additional 250 square feet of
GRFA. Rather, the ordinance allows for uo to 250 square feet if the conditions set forth in
Chapter 18.57 or Chapter 18.71 of the Town of Vail code are met.
Applications for additions under this section will not be accepted unless they are complete.
This includes all information required on this form as well as Design Review Board submittal
requirements.
III. APPLICATION INFORMATION
A.
B.LOCATION OF PROPOSAL:
Address 3 tr--f*r'r*,,,./. t)-,/L
Legal Description:
Zone D
c.NAME OF APPLICANT:
Address T2- ?,''*-r"1"',*o,/., t
D. NAME OF APPLICANT'S REPRESENTNfIYE: 3 :?,.;< <-:- ,2! .2/;,.,--
Address
=-sp1, k/r./:'- k -,,t
,.1 r- /'.1--1;-Phone.+7:-- i- -rJ-
r,
The following information, in addition to DRB submittal requirements, shall be required with
this submittal:
1. Verification that the unit has received a finalcertificate of occupancy.
2. Stamped, addressed envelopes and a separate list of adjacent property owners
and of owners of units on the same lot. This information is available from the
Eagle County Assessor's office.
3. Condominium Association approval (if applicable).
4. Existing or proposed floor plans of structure.
G. Your proposal will be reviewed for compliance with Vail's Comprehensive Plan.
H. lf this application requires a separate review by any local, State or Federal agency
other than the Town of Vail, the application fee shall be increased by $200.00.
Examples of such review, may include, but are not limited to: Colorado Department of
Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees which are in excess
of 50% of the application fee. lf, at ihe applicant's request, any matter is postponed for
hearing, causing the matter to be re-published, then the entire fee for such re
-publication shall be paid by the applicant.
Applications deemed by the Community Development Department to have significant
design, land use or olher issues which may have a significant impact on the
community may require review by consultants other than town staff. Should a
determination be made by the town stalf that an outside consultant is needed to review
any application, the Community Development Department may hire an outside
consultant, it shall estimate the amount of money necessary to pay him or her and his
amount shall be foruarded to the Town by the applicant at the time he liles his
application with the Community Development Department. Upon completion of the
review of the application by the consultanl, any of the funds fonrarded by the applicant
for payment of the consultant which have not been paid to the consultant shall be
returned to the applicant. Expenses incuned by the Town in excess of the amount
fonararded by the applicanl shall be paid to the Town by the applicant within 30 days of
notification by the Town.
t
rEvisEd 9/4/9L
ons AtrcATroN - TowN oF \JiA.rL, ,eo"*o
DATE APPLICATION RECEI\ED :
DATE OF DRB MEETING:| 2' t >-'?3
**********
TEIS APPLIE],TION WILL NOT BE ACCEPTED
UNIII .trIJL REQUIRED INFORMATION IS SUBMITTED **********
T @:
A. DESCRIPTION.:
id-u,tcc crli rJc-Cer
ffifu
B. TYPE OF REVIEW:
X He* Construction ($200.00)
I Addition ($50.00)
l.rrl.'.subdivision Dtqhorn lxrlodivisiou Fourth Edifioru
If property is described by a neets and bounds legal
description, please provide on a separat.e sheet and
attach to this application.
ADDRESS:
/1 LEGAL DESCRIPTION: Lot L Block
ZONING:
LOT AREA: If required, applicant must
stamped survey showing lot area.
NAME OF APPLICANT : ZChTEN OV'&
Mailing Address:
1E.
NAME OF
MaiJ-ing
APPLICANT, S REPRESENTAT
Address:
tr
I.NAME OF OWNERS:
*STGNATT'RE (S) :Mailing Address:
Condominlum Approval if applicable. lV^
DRB FEE: DRB fees, as shown above, are to be paid at
the tlrne of submittal of DRB application. Later, when
applying for a building permit, please identify the
accurate valuation of the proposal . The Town of Vail will adjust the fee according to the table bel to
J.
K
ensure the correct fee is paid.
FEE SCHEDULE:
VALUATION $ o - $ 10,000
s10,001 -$ 50,000
$ 50,001 - s 150,000
$150,001 - $ 500,000
$500,001 - $1, oo0,0o0
$ . over $1r 000,000
$ 20.00 I 50.00
$100.00
s200 .00 * s400.00 ' $s00.00
'Ool
i*i ya.rtit)
a
*t
* DESIGN RE\JIIEW BOARD APPROIIAL EXPIRES ONE YEAR ArTER FrNAL
AIPROV}I! T'NI.ESS A -8SII..DING PERMIT IS ISSI'ED A}ID CONSIRUCTION IS
STARTED.
**NO IPPIICATION IIILI. BE PROCESSED WXTSOUT OWNER'S SIGNATORE
1
Fl II.
In addition to meeting submittal reguirements, the applicant must stake and tape the project site to j"ndicate propert.y lines_, UuitOing iin6s ana fuifling corners. All trees to be removed must be taped. All-site tapings and staking must be completed pii-o, to the DRB sit.e vlsit. Th. applieant must ensure that staking done during the winter is not buried by snow.
The review process for NEW BUTLDTNGS normally requires two separate meetings of the Design Review e6ardi a conceptual apprdrral and a final approval . ApplJ.canrs shourd pran _on presenting their dLvelopment 'pioposar at a minimum of two neetings before obtaining tinai-approval.
Applicants who fail to appear before the Design Review Board on their schedured meeting date and who have not asked in advance that discussion on their item be postponed, will have their items renoved from the DRB docket untiL such time as the item has been republished.
The following items may, at the discretion of the zoning administrator, be approved by the Communiiy Development Department staff (i..e. I formal hearing before the DRB may not be required.) :
a. Windows, skylighLs and similar exterior changes which do not alter the existing plane of the building,. and
b. Building addition proposals not visible from anv other lot or public space. At the time such a '
proposal is submitted, applj-cants must incl_ude IetLers from adjacenl ploperty owners and/or from the agent for or manager of any adjacent condoninium association stating the association approves of the addition.
ff a property is locat,ed in a mapped hazard area (i.e.snow aval-anche, rockfall, flood plain, debris fIow,wetland, etc)r a hazard study must be submitted and the owner must sign an affidavit recognizing the hazard
lepg+ prlor. to the issuance of a building permit.Applicants are encouraged to check with a-Tbwn planner p!io5 to DRB application to determine the relationship of the property to all mapped hazards.
Fot all resldentlal construction:
Clearly indicate on the floor plans the inside face of the exterior structural wa11s of the building,' and fndicate with a dashed line on the site plan a four foot distance from the exterior fac! of the building wal1s or supporting columns.
A pre-application meeting with a member of the planning staff is. strongly encouriged to determine if any additional application information is needed. It js the aiplicant, s responsi.billty to make an appointment with the itaff fo determine if there are addi-tionar subrnittal requirements.PLease note. that a coMpLETE application will sfrearnrine the approval process for your project.
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D.
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If DRB approves the application nodifications, all conditions of resolved prior to Town issuance
with conditions or apProval must be of a building permit.
G.
)UUQ(V(5UBDIVISTON
. t, ' n
,roB NAME ,(\RcH (t-)tD€lloz
!\J I 7 BLOCK FTLTNG h,,r.l,{n trd;f,'"..,
ADDRESS
The location and availability of utilities, whether they be nain
trunk lines or proposed lines, must be approved and verified by
the following utilities for the accompanying site plan.
Authorized Siqnature Date
U.S. West Communications
L-6UV-2ZZ-!>O t
458-5860 or 949-4530
Public Service Companv
949-5?81
Gary HalI
Holy Cross Electric Assoc.
949-s892
Ted Husky./Michae1 Laverty
foz -rts#age Cablevision T.v.
94 9-5530
-Ste+e--H*l+
Upper Eagle Valley Wat.er
& Sanitation District *
4't 6-'7 480
Fred Haslee
/J-/"t -7J
VL,
NOTE:
plan and
For any new construction proposal, the applicant
must provide a completed utility verification
form.
3. If a utility company has concerns with the
proposed constructi-on, the utility representative
should not directly on the utility verification
form that there is a problem which needs to be resoLved. The issue should then be spelled ouL in detail in an attached letter to the Town of Vail.
However, please keep in mind that it is the responsibility of the utility company to resolve
identified nroblems.
4. If the ut.ility verifj.cation forrn has signatures
from each of the utility companies, and no
connents are made directly on the form, the Tovrn
will presume that there are no problerns and that
the development can proceed.
5. These verifications do not relieve the contractor
of his responsibility to obtain a street cut perrnit from the Town of Vaj.I, Department of Public
Works and t.o obtain utilitv locations before
diqqinq in any public right-of-way or easement in
the Town of vaiI. A buildinq permit is not a
street cut permit. A street cut pernit. must be
obtained separately.
* Please bring a site plan, floor p1an, and elevations when
obtaining Upper Eagle VaIley water & Sanitat.ion signatures. Fire
flow needs must be addressed.
This form is to verify locaLion. This should preparing your utility installations .
availability and in conjunction wj.th
schedulinq
servtce
be used
*
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FOR
T u, *, R P/S ZCNE ;isrRrCTSo
/1 Block 4
ARcHr rEcr Zehrern avrd As:cc,ttfrs
ZONE DISTRICT
PROPOSED USE
/.?1 l a /^ a-r'r =T **LOT SIZE i_ ' |Ft-\t/ !-/q \ r r.
AIlowed
(30) (33)
h 7,41 +,/lv t4 |
+g
+ 425
DATE:
LEGAL DESCRIPTION:
ADDRESS:
OWNER
Height
Total GRFA
Primary GRFA
Secondary GRFA
Setbacks Front
Sides
Rear
Water Course Setback
Site Coverage
Landscaping
Retaining Wa11 Heights
Parking
Garage Credit
Drive:
View Corridor Encroachment:
Environmental /Ha zards :
**Note: Under Sections
Code, lots zoned Two F
15r000 sg. ft. in area
Community Development
/7 ?\
3'l/ 6'
(300) (60 ) (900) (1200)_
Permitt.ed Slope _!! Actua1 Slope
ed by Town Engineer:
Zr&4",
?
PHONE
PHONE
- | 4l'u
1+1- ozbl
t)
r-
TotaI
-t=--bb$, o
4la0 tr
15obt ._.-
Proposed
r<,(!db+
l,ttoo +
\, ao=f
-T--
za'tT la 1
t
(3
Date appro
Yes
ryo'
llo.b%
16"/"
WA
b
b.26%
NoX 241
Flood Pfa
Percent S1
Geologic Ha rds
alanche a) Snow A b) Rockfal
c) Debris
4) Wetlands
Prevlous conditions of approval (check Property frrle)
| | .,Does th16 request involve a 250 Addition? N/A '
How much of the allowed 1250 Addition is used with fhis request?
8.I2.090 (B) and 18.13.080 (B) of the Municipal
i1y and Prinary,/Secondary whiph are less than y not construct a second dwelling unit. The
partment. nay grant an exception to this restriction provided ttfe applicant meets the criteria set fort.h under
Sections 18.12.090(B)d 18.13.080(B) of the Municipal Code including
permanently restricting the unit as a long-term rentaL unit for fuIl-
tine empJ-oyees of the Upper Eagle Valley.
1)
2',)
3)
10
Fql ,q fJf,Tnv r rr.,ciL (J.i,' l B
t
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Gommunity Development Department
March 14, 1994
A request for a minor subdivision located at 4316 and 4336 Streamside Circle
WesVlots 2 & 3, Bighorn Subdivision 4th Filing.
Applicant:
Planner:
Walter Kirch
Randy Stouder
I. DESCRIPTION OF THE REOUEST
The applicant is proposing a minor subdivision in order io relocate a common property line
between Lots 2 and 3, Bighorn Subdivision 4th Filing (The applicant owns both lots). No
additional development rights (units) or density will be created by the proposed re-subdivision.
lf the subdivision is approved, the applicant will construct a new home for himself on lot 2.
The proposed subdivision (see attached reduction of the final plat) adds approximately 3,000
square feet of area to Lot 2 and reduces Lot 3 by the same amount. The applicant has
located the proposed lot line so that each new lot meets the dimensional requirements of the
Two Family Residential zone district. The proposed residential construction on lot 2 will not
require any variances. The proposed subdivision will correct an existing nonconformity on Lot
3. The existing house on that lot is located 12.9 teet from the common property line between
lots 2 and 3. The applicant proposes to move the property line further north, creating a full 15
foot setback for the existing home on Lot 3, thus removing a nonconforming situation.
II. ZONING ANALYSIS
The applicant proposes to demolish the existing home located on Lot 2 and build a larger
permanent residence for himself. No physical changes are proposed on Lot 3. The applicant
has stated that the re-subdivision is necessary to improve the geometry of the lot and provide
the desired house site. As a result of the subdivision, lot 2 gains 2944 sq. ft. of area, 1 ,171
sq. ft. ot which is buildable (!ol 1O0-year floodplain); 319 sq. ft. of allowable GRFA; and 590
sq. ft. of allowable site coverage. The home proposed for lot 2 will utilize 81 sq. ft. of the
additional GRFA and 83 sq. ft. of the additional site coverage generated as a result of the
subdivision. The applicant's GRFA and site coverage are slightly above what would be
allowed without the re-subdivision. The remainino GRFA is available to Lot 2 for future
construction.
?
A. Lol 2
Lol Size:.
Buildable Area:'
GRFA:t.
Sile Coverage:
(20% maximum)
Landscaping:
(60% minimum)
B. Lol 3
Existing Lot
(Allowed/Required)
24,486 sq. ft.
18,059 sq. tl.
5,524 sq. ft.
4,896 sq. tt.
14,692 sq. fl.
Existing Lol
(Allowed/Bequired)
20,794 sq. tt.
16,221 sq. tt.
5,179 sq. ft.
Proposed Lol
(Allowed/Required)
27,430 sq. ft.
19,230 sq. tl,
5,843 sq. ft.
5,486 sq. ft,
16,458 sq. tl.
Proposed Lol
(Allowed/Required)
17,850 sq. fl.
15,050 sq. tt.
4,860 sq. tl.
3,570 sq. tl.
10,710 sq. fl.
Nel Chanqe
12,944 sq. ft.
+1 ,171 sq. n.
+ 319 sq. ft.
+ 590 sq. tt.
+1 ,766 sq. fl.
Nel Chanqe
-2,944 sq. ft.
1 ,171 sq. tl.
- 319 sq. fl.
' 589 sq. n.
-1,766 sq. tt.
Lot Size:t
Buildable Area:"
GRFA:-'
Proposed Home
Conslruclion
'J zt ,t3o sq. ft-
y's,zso sq. tr.
, r t' 5,605 sq.ft.(238 under)+ 5, i
,., \ ) a,980 sq. tt.(18%X506 unded
,- fi',.,)i,rn',rl il f I.
r fr...vr/ \ 2O.Ot 3 sq. tr. (73yo) ,
e\'' ''Rl '...1 'l,u^rR "rgY;'d,.-'['', Y', 1'. ,'i \I'"" .',..i--[-J uEr,rr,ng
tto,n"- Conslruclion
.,/ t z,gso sq. fr.
\./i 5,o5o sq. ft.
3,880 sq. tl.(980 under)
3,029 sf (16%X541 under)
13,456 sq. tt. (75old
Sile Coverage: 4,159 sq. tl.
(20% rnaximum)
Landscaping: 12,476 sq. ft.
(60% minrmum)
Required selbacks are 20', 15', 15'; Heighl i$ limil€d lo 33'; Parking requirod is 2.5 spaces. The house as proposed meels the
parking, h€ighl and selback restriclions above.
*The lols meel lhe minimum requiremsnt ol 15.000 square leet of buildable area..-The GRFA numbers include credits except lor garages.
III. MINOR SUBDIVISION CRITERIA
The Subdivision Regulations and the Zoning Ordinance, establish minimum standards for the
creation or modification of lots. The Subdivision Regulations allow tor the division of existing
lots or the creation of new lots from previously unplatted property. However, the regulations
require that new lots meet all the applicable standards of the Zoning Ordinance. The Zoning
Ordinance establishes the dimensional requirements of a lot, i.e. minimum size and
configuration, minimum road frontage, yard and creek setbacks, landscaping and site
coverage percentages. The Ordinance also establishes design review criteria that guide
house design and site development. The table above summarizes the dimensional
requirements of the Zoning Ordinance and relates these requirements to the proposed lot
configuration and house construction. The revised lots created by the subdivision meet or
exceed all these dimensional requirements as shown above.
Subdivision requests are evaluated for compliance with the purpose statements of the General
Provisions in the Subdivision Regulations (Section 17.04.010(A,B,C)). The purpose
statements are quoted below and followed by an analysis of the applications conformance to
the each statement.
17.A4.010 Purpose:
A. The subdivision regulations contained in this title have been prepared and enacted
in accordance with Title 31 , Article 23, part of C.R.S., 1973, for the purpose of
promoting the health, safety and welfare of the present and future inhabitants of the
Town of Vail, Colorado.
B. To these ends, these regulations are intended to protect the environment to ensure
efficient circulation, adequate improvements, sufficient open space and in general, to
assist the orderly, efficient and integrated development of the town. These regulations
also provide for the proper anangement of streets and ensure proper distribution ot
population. The regulations also coordinate the need for public services with
governmental improvement programs. Standards for design and construction of
improvements are hereby set forth to ensure adequate and convenient traffic
circulation, utilities, emergency aocess, drainage, recrealion, and light and air. Also
intended is the improvement of land records and surveys, plans and plats and to
safeguard the interests ot the public.and subdivider and provide consumer protection
for the purchaser; and to regulate other matters as the town planning and
environmental commission and town council may deem necessary in order to protect
the best interests of the public."
The proposed subdivision will not adversely etfect the health, safety and welfare of the Town's
residents. lt realigns a lot line between lots 2 & 3, both owned by the applicant. The
subdivision will not require the extension of roads or utilities, since the site is already served
by a public street, and utilities are already available at the site. The proposed house
construction on lot 2 provides ample off-street parking and driveway area, and will not effect
tratfic circulation pafterns or emergency access on Streamside Circle West. The Fire
Department has reviewed the proposed development and can provide emergency services to
both lots. The subdivision and proposed house construction respect existing drainage
easements, floodplains and creek setbacks. The site plan and house design are respectful of
the surrounding neighborhood, the Gore Creek riparian area and the large trees that dominate
the site. The subdivision does not create any additional density or additional development
rights thus, its impacts on the public infrastructure will be minimal and have been accounted
for. The applicant has submitted the final plat, in the appropriate form, lor signatures and
recordation if the subdivision request is approved,
The subdivision regulations are further intended to serve the lollowing specific purposes
(17.04.010(C)):
"1. To inform each subdivider of the standards and criteria by which development and
proposals will be evaluated and to provide information as to the type and extent of
improvements required."
3.
Staff Response:
One of the underlying puposes of subdivision regulations is to establish basic ground
rules for the review of subdivision requests. These ground rules are readily available
to the public, and the applicant has been made aware of them.
"2. To provide for the subdivision of property in the future without conflict with
development on adjacent land."
Staff Response:
The subdivision regulations and the zoning ordinance establish development standards
that impose a certain order and predictability on land development. Predictable
development helps avoid conflict with adjacent property owners, since they know
ahead of time what level and type of development will occur around them.
The proposed subdivision is a lot line adjustment that provides a more favorable
geometry for the building envelope on lot 2. The improved geometry of the lot will
allow the applicant to develop the size and style of house he desires. The applicant's
proposed development meets or exceeds all dimensional requirements of the Two
Family zone district in which it is located. The lot split and house development are in
line with what one would expect to occur on the subject property. The response from
the neighboring property owners (see attached letters) has focused on the issue of tree
preservation. The neighbors place a high value on the heavily wooded riparian area,
and are concerned about any trees being removed along this stretch of Gore Creek.
However, they respect the applicant's right to develop a reasonable house on lot 2.
Tree preservation has also been one of staff's major issues with the application.
In response to staff's and the neighbor's concerns over tree preservation on lot 2 and
following DRB conceptual review, the applicant eliminated a large room off the back of
the house and reduced the garage by one parking space. He also moved the entire
house forward on the lot to further reduce impacts to the large spruce trees along Gore
Creek. These changes will lead to the preservation of an additional eight trees,
several of which are larger than one foot in diameter. The applicant has also revised
grading for drainage purposes around the side of the house to reduce impacts to the
root zones of several trees to be saved. The design of the rear patio area has also
been altered to decrease impacts to nearby trees. Additional discussion of this issue
is contained in item #7 below.
"To protect and conserve the value of land throughout the municipality and the value of
buildings and improvements on the land."
Staff Resoonse:
Subdivisions should not adversely effect property values of adjacent land. The value
of a lot, and t0 a greater extent the value of a neighborhood, is in large part dependent
on the level and type of development within it. The applicant has taken care to limit
land disturbance and tree removal to the minimum necessary to construct a reasonably
4.
sized single family home on lot 2. The back of the proposed house is located 40 to 65
feet from the edge of Gore Creek. All required yard and creek setbacks have been
respected, and the proposed house will be surrounded by a large number of mature
spruce trees. Thus, the value of the subject property will be increased without
adversely effecting adjacent lots.
'To insure that subdivision of property is in compliance with the Town's zoning
ordinance, to achieve a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives."
Staff Resoonse:
The proposed subdivision complies with the zoning ordinance Ers demonstrated in
section ll of this memorandum. The land is zoned and planned for single or two family
residential development, and adjacent properties are developed with single family or
duplex homes.
"To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreational and
other public requirements and facilities and generally to provide that public lacilities will
have sufficient capacity to serve the proposed subdivision."
Staff Resoonse:
Public facilities such as schools and parks should not be elfected by this subdivision
since it does not create additional units or density.
"To provide for accurate legal descriptions of newly subdivided land and to establish
reasonable and desirable construction design standards and procedures."
Staff Resoonse:
The applicant has submitted accurate survey information on both lots. Existing and
proposed conditions are accurately depicted and presented in the appropriate format,
including a final plat containing the appropriate certifications for recordation if the
subdivision is approved. The proposed construction does not involve street
construction or major utility work. The proposed driveway meets the appropriate width
and slope standards.
"To prevent the pollution of air, streams, and ponds, to assure adequacy of drainage
facilities, to safeguard the water table and to encourage the wise use and managernent
of natural resources throughout the municipality in order to preserve the integrity,
stability, and beauty of the community and the value ol the land."
5.
6.
7.
Staff Response:
Gore Creek flows along the southwest property line of lots 2 and 3, and Bighorn Creek
flows along the northwest property line of lot 2. Bighorn Creek confluences with Gore
Creek in the northwest corner of lot 2. Both lots are impacted by 100 year floodplains.
The riparian areas are characterized by old growth spruce trees. The trees along this
stretch of Gore Creek are generally between t and 3 feet in diameter.
Lot 2 contains a total of approximately 85 trees. The landscape plan shows that the
proposed construction on lot 2 will require the removal of 14 trees, 8 of which are
greater than or equal to 1 foot in diameter. The most significant trees to be removed
are a grove of 6 large spruces that are located directly behind the existing house.
These trees range from 1-3 feet in diameter, with an average diameter of 2 feet. Staff
(including Todd Oppenheimer) has explored alternative development scenarios with the
applicant such as moving the entire house up to the front property line which would
require a setback variance. Todd Oppenheimer also questioned whether this solution
would save these trees as the root system for the largest tree would probably be
effected by the alternative designs explored to date.
The applicant has carefully designed a house to fit his needs while preserving the
character of the riparian area. The 1O0-year floodplain, the 50 foot setback from Gore
Creek and the 30 foot setback from Bighorn Greek, the side and front setbacks define
the building area for lot 2. Staff believes that the applicant has made a strong effort to
design the house in a manner that is environmentally sensitive to the riparian area.
However, grading and construction impacts intrude into the stream setbacks in two
places, and may impact several large trees located within 2-8 feet of the limits of
disturbance shown on the construction management plan. Staff will continue to work
with the applicant to refine the site development and construction management plans
to reduce site disturbance adjacent to trees to be saved.
The applicant proposes to save many of the trees located in the portion of the lot that
fronts on Streamside Circle West. The applicant also proposes to plant a 12 foot
spruce along with wildflowers in the island located in the circular driveway. Staff
believes that these efforts are positive, and help to preserve the character of the
neighborhood. The applicant has been investigating the possibility of moving some of
the trees that would othenrise be lost as a result of the house construction on lot 2.
As shown on the landscape plan, the applicant is considering moving several small
trees and half a dozen larger trees (diameters from 0.6 to 0,8 feet) which are currently
located in the area where garages are proposed. lf the applicant cannot move these
trees due to excessive cost or physical reasons, the applicant is would consider
planting some new trees.
V. STAFF RECOMMENDATION
Staff is recommending approval of the requested minor subdivision which relocates a
common property line between Lots 2 and 3, Bighorn Subdivision 4th Filing, as shown on the
Final Plat prepared by Stan Hogleldt of Eagle Valley Surveying, Inc (see attached reduction).
Staff believes that the subdivision criteria have been met, as discussed above, The
t.
subdivision rsmoves an existing setback nonconformity on lot 3, and the resulting lots conform
to all the dimensional requirements of the zoning ordinance.The proposed building site on lot
2 provides a level of environmental sensitivity that exceeds what could have occurred under
existing development rights on the existing lot configuration. However, staff is still concerned
about tree preservation on lot 2 during the construction process.
lf it is the Commissions desire to approve the proposed subdivision, Staff recommends that
the following list of conditions be attached to the approval motion.
1. Prior to the issuance of any building, two mylar copies of the resubdivision plat
(see aftached linal plat reduction) shall be provided to the Department of
Community Development for recordation. No construction or other land
disturloing activities shall occur on either lot without prior review and approval by
the Design Review Board, and without the issuance of reguired building
permits.
2. No construction activity or site disturbance shall occur outside the "limits of
construction disturbance" on lot 2, as shown on the Construction Management
Plan prepared by Zehren and Associates, Inc. (dated 113194). The limits of
construction disturbance shall be surveyed and fenced prior to the
commencement of any construction activity on lot 2. Snow fencing shall be
used, and shall not be removed until construclion is complete. Community
Development staff will inspebt the fencing prior to the issuance ot any building
permits for lot 2. The areas of construction disturbance that encroach into
stream setbacks (as shown on the Construction Management Plan) shall be
reduced to the extent possible.
3. The proposed irrigation system shall be installed so that the roots of trees to be
preserved are not harmed. The alignment of the sanitary sewer system shall
be as shown on the Construction Management Plan; any changes in final
alignment shall be reviewed and approved by the Community Development
Statf.
4. The applicant shall relocate quality vegetation contained within the limits of
construction disturbance as feasible. As an alternative, the applicant shall plant
spruce and evergreen trees in the front and side yards, adjacent to the garages
and circular driveway, to provide screening of these areas when viewed from
adjacent properties. The applicant shall work with staff to determine the final
disposition of tree relocation/ replacement eff orts.
5. The applicant shall maintain native vegetation within the stream setback areas.
Areas within the stream setbacks shall not be seeded or sodded with turf
grasses.
c:\oscvnemos\kirch.3 l4
75 South Frontage Road
Vail. Colorado 81657
303 -479-2 I 3 8 / 479-2 1 39
FAX 303-479-2452
TO:
From:
Date:
De parun e nt of C omm uniry D eve lo ptnent
Planning
Attn: Randy Stouder
Russ Forrest
March 10. 1994
Subject: 4316 Streamside West
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proposed plans for the new Kirch residence. I have the following comments based on this
review.
1) Given the snow on the site it is difficult to determine whether obligate species exist
on the site. I would recommend another site visit in the spring. I did notice to the north of the
existing residence alders and willows along the road. lt appears that they run along a
drarnage and should not be directly impacted by the development. However, this should be
verified in the spring.
2) The proposed layout does a fairly good job of respecting the riparian area along
Gore Creek and Bighorn creek. I would recommend that native vegetation be maintained
between the residence and Gore Creek.
3) The major impact is the loss of approximately 16 mature Engelman and Blue Spruce
on the site. I strongly concur with Todd's comments to relocate trees where possible
4) | would also request that no disturbance during construction occur between the
proposed building envelope and the Gore and Bighorn creek. This means no dirt, debris,
vehicles, or building materials in this zone.
Please let me know if you have any questions regarding my commenls. lf possible , I would
like to visit the site again in spring to review vegetative impacts and the presence of wetland
species.
Thank you!
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TOITN OFVITL
75 South Frontage Road
Vail. Colorado 81657
303 -479-2 1 3 I / 479-2 I 39
FAX 303-479-2452
TO:
From:
Date:
Department of Comntunity Developrnent
Planning
Attn: Randy Stouder
Russ Forrest
February 23, 1994
Subject: 4316 Streamside West
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I conducted a site visit on February 23, 1994 to 4i]16 Streamside West and reviewed the
proposed plans for the new Kirch residence. I have the following comments based on this
review.
1) Given the snow on the site it is difficult to determine whether obligate species exist
on the site. I would recommend another site visit in the spring. I did notice to the north of the
existing residence alders and willows along the road. lt appears that they run along a
drainage and should not be directly impacted by the development. However, this should be
verified in the spring.
2) The proposed layout does a lairly good job of respecting the riparian area along
Gore Creek and Bighorn creek. Although the living room in South corner of the proposed
home does encroach on the Gore Creek Riparian area. I would request that building envelop
or that room be pushed in north and slightly east approximately 7-10 feet or at least enough
so that the retaining wall is out of the Gore Creek setback. I also strongly recommend that
native vegetation be maintained between the residence and Gore Creek'
3) The major impact is the loss of approximately 16 mature Engelman and Blue Spruce
on the site. I strongly concur with Todd's comments to relocate trees were possible. We
might also rEuest that the owner make a donation to Trees for Vail to help compensate for
the loss of tree on their site which can not be transplanted.
4) | would also request that no disturbance during construction occur between the
proposed building envelope and the Gore and Bighorn creek. This means no dirt, debris,
vehicles, or building materials in this zone.
Please let me know if you have any questions regarding my comments. lf possible , I would
like to visit the site again in spring to review vegetative impacts and the presence of wetland
species.
Thank you!
Mr. Randy Stouder I Town of Vail Coruounity Dev. DePt.
75 South Frontage Road Vail, Colorado 81657
Re: A request for a ninor subdi-vision located at 431-6
Strearnside Circle West/Lots 2 and 3' Block 4, Bighorn
4th Addition. Applicant! waLter Kirsch
Dear Mr. Stouder,
It has corne to our attention that a nunber of old growth
trees wilL have to be removed to rnake roorn for the
construction of a Large new house. This area is heavily treed
with o1d spruce and Lodgepole pines. one of the reasons
we purchased Ln thls area was the number of trees.
we vtould hope the Planning and Environmental Commission
would do everything possible to keep as rnany trees in the
area as it can.
Thanks for,your consideration.
Sorenson
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4336 Streomside Circle Drive
P.O, Box 4937
Voil, Colorodo84658
343t476-5735
l.lr. Randy Souder
Community Development Department
Town of .Vai.I 75 South Frontage koaci itest
Vail. , Colorado 81657
t'ebruary tJl , I994
Dear Randy:
I an writing because it seems to me that you and I are approaching
an impass over the siting of the house I an contenplating building on
Lot 2 Bighorn Subdivision, liourth Addition.
. Prior to starting any house pJ.ans, f had the lot surveyeo in order
to plot the existing topography and to locate all trees. The house
was designed to nreet the following criteria:
A. To save as rnany of the 85 plus trees as reasonably possible.
B. To disturb the natural woocisy feeling of the site as littl.e as
possible.
C. To take advantage of t.he creek frontage on both i3iglrorlr anti
Gore Creeks.
D. To take advantage of the mountain viewsl especially from the
second floor.
E. To rrroderate the irrpact of the building on the street scene.
!'. To meet the space requirements of the owner.
As a result of ny first review of the plans with you, I
redesigned the house elinrinating one garage and one large
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multipurpose rooln. The happy result of that reclesign was to.save 5
trees, 3 of whicir I would call capital. spruce trees.
lrie now seem to be focused on one 3 foot dianeter spruce that is in
ttre middle of the prine builoing area. According to rny count, we wiLL
be taking 15 trees out of a total of 85 p1us. Although 3 of these
will lre sDruce h,it.h dienreters of 2 Eo 3 feet, there will still pe 10
trees witlr diameters of 2 to 3 feet on the lot.
I am aware of Ann lriller's request chat trees alorrg the creek be
preserved, and I agree with her. The tree in question is 95 feet fronr
the centerline of Gore Creek so it doesn't impact the beauty of t.ile
creek frontage. Furthermore, ny plan wilI preserve a beautiful forest
along both Gore ano tsighorn Creeks.
It is my intent to transplallt as many of the 15 trees that are
within the house footprint as is practical. It is also my intent to
plant a significant spruce in the driveway planter and several 10 foot
spruce along the property line between ]ots 2 and 3. I have alreacty
pJ.anteci 8 spruce' l0 to 12 feet in height, along the boundary J.ine
bethreen lots 1 and 2.
You may not be ahtare of ny background as a buifder and developer.
f have lived in tile community since 1971 and have probaoly developed
as many or tnore residential units in Vail than anyone. You can visit
every property that I nave built and you'l.l find that a great qeal of
planning and effort rr'ent into preserving the natural vegetation as
weLl as supplementing ir vrnere appropri.ate. It's ironic that I'rn now
being viewed as insensitive to the trees at. my own residence.
your suggestion of builoing the house cLose to the street, r"there
there are fewer trees, seems undesireable tor 2 reasons:
I
A. ft wouLd place a large' prominent building in proxintity to ttre
street.
B. Tt doesn't al.l.orv the.house and myself to enjoy the creek
env i ronraent that I own.
I believe that I have been more than reasonable in responding to
your suggestions arrd feeL that I nave no rnore rooln for comprornise.
Encl6sed are 3 drawings that I hope will shed light on the points
f am trying to nake.
Best regards I U.h!*-z
walter Kirctr
cc: Kristen Pritz Director - Community Development Departmerlc - Town of Vail
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7."To prevent the pollution of air, streams, and ponds, to assure adequacy of drainage
facilities, to safeguard the water table and to encourage the wise use and management
of natural resources throughout the municipality in order to preserve the integrity,
stability, and beauty of the community and the value of the land."
Staff Response:
Gore Creek flows along the southwest property line of lots 2 and 3, and Bighorn Creek
flows along the northwest property line of lot 2. Bighorn Creek confluences with Gore
Creek in the northwest corner of lot 2. Both lots are impacted by 100 year floodplains.
The riparian areas are characterized by old growth spruce trees. The trees along this
stretch of Gore Creek are generally between 1 and 3 leet in diameter.
The applicant has carefully designed a house to fit his needs while preserving the
character of the riparian area. The 100-year floodplain, the 50 foot setback from Gore
Creek and the 30 foot setback from Bighorn Creek, the side and front setbacks define
the building area lor lot 2. However, grading and construction impacts intrude into the
stream setbacks in two places, and may impact several large trees are located within
2-8 feet of the limits of disturbance shown on the-construction management plan. Staff
will continue to work with the applicant to refine,'g![y'evelopment and construction
-rrmanagement plan to reduce site disturbance adjBcent to trees to be saved.
The lot contains a total of approximately 85 trees. The landscape plan shows that the
proposed construction on lot 2 will require the removal of 14 trees, 8 of which are
greater than or equal to 1 foot in diameter. The most significant trees to be removed
are a grove of 6 large spruces that are located directly behind the existing house.- These trees range from 1-3 feet in diameter, with an average diameter of 2 feet. Staff
(including Todd Oppenheimer) has explored alternative development scenarios with the
applicant such as moving the entire house up to the lront property line which would
require a setback variance. Todd Oppenheimer also questioned whether this solution
would save these trees as the root syslem lor the largest tree would probably be
effected by the alternative designs explored to date.
ISSUES FOR DISCUSSION
.1.
v.
The Planning and Environmental Commission (PEC) is asked to discuss the following issues:
1. lmpacts on landscaoinq: Are the impacts acceptable to the PEC?
2. Site Plan and Buildino Footorint: Are the site plan and building footprint
acceptable?
3. Minor Subdivision; Any concerns related to moving the lot lines?
4. Russ's Memo: Eliminate disturbance in stream setback areas? Spring site visit
to assess potential wetlands?
c:\oecvnemosUirc'|.223
4.
Statf Resoonse:
Subdivisions should not adversely effect property values of adjacent land. The value
of a lot, and to a greater extent the value of a neighborhood, is in large part dependent
on the level and type of development within it. The applicant has taken care to limit
land disturbance and tree removal to the minimum necessary to construct a reasonably
sized single family home on lot 2. The back of the proposed house is located 40 to 65
feet from the edge of Gore Creek. All required yard and creek setbacks have been
respected, and the proposed house will be surrounded by a large number of mature
spruce trees. Thus, the value of the subject property will be increased without
adversely etfecting adjacent lots.
"To insure that subdivision of property is in compliance with the Town's zoning
ordinance, to achieve a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives
Staff Resoonse:
The proposed subdivision complies with the zoning ordinance as demonstrated in
section ll of this memorandum. The land is zoned and planned for single or two family
residential development, and adjacent properties are developed with single family or
duplex homes.
"To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreational and
other public requirements and facilities and generally to provide that public facilities will
have sutficient capacity to serve the proposed subdivision."
Statf Resoonse:
Public facilities such as schools and parks should not be effected by this subdivision
since it does not create additional units or density.
"To provide for accurate legal descriptions of newly subdivided land and to establish
reasonable and desirable construction design standards and procedures."
Staff Resoonse:
The applicant has submitted accurate survey information on both lots. Existing and
proposed conditions are accurately depicted and presented in the appropriate format,
including a tinal plat containing the appropriate certifications for recordation if the
subdivision is approved. The proposed construction does not involve street
construction or major utility work. The proposed driveway meets the appropriate width
and slope standards.
E
6.
The subdivision regulations are further intended to serve the following specific purposes
(17.0a.010(c)):
'1. To inform each subdivider of the standards and criteria by which development and
proposals will be evaluated and to provide information as to the type and extent of
imorovements reouired."
Staff Resoonse:
One of the underlying purposes of subdivision regulations is to establish basic ground
rules for the review of subdivision requests. These ground rules are readily available
to the public, and the applicant has been made aware of them.
"2. fo provide for the subdivision of property in the future without conflict with
development on adjacent land."
Staff Response:
The subdivision regulations and the zoning ordinance establish development standards
that impose a certain order and predictability on land development. Predictable
development helps avoid conflict with adjacent property owners, since they know
ahead of time what level and type of development will occur around them.
The proposed subdivision is a lot line adjustment that provides a more favorable
geometry for the building envelope on lot 2. The improved geometry of the lot will
allow the applicant to develop the size and style of house he desires. The applicant's
proposed development meets or exceeds all dimensional requirements of the Two
Family zone district in which it is located. The lot split and house development are in
line with what one would expect to occur on the subject property. The response from
the neighboring property owners (see attached letters) has focused on the issue of tree
preservation. The neighbors place a high value on lhe heavily wooded riparian area,
and would hate to see any trees removed along this stretch of Gore Creek. However,
they respect the applicant's right to develop a reasonable house on lot 2. Tree
preservation has also been one of staff's major issues with the application.
In response to staff's and the neighbor's concerns over tree preservation on lot 2 and
following DRB conceptual review, the applicant eliminated a large room off the back of
the house and reduced the garage by one parking space. He also moved the entire
house forward on the lot to further reduce impacts to the large spruce trees along Gore
Creek. These changes will lead to the preservation of an additional eight trees'
several of which are larger than one foot in diameter. The applicant has also revised
grading for drainage purposes around the side of the house to reduce impacts to the
root zones of several trees to be saved. The design of the rear patio area has also
been altered to decrease impacts to nearlcy trees. Additional discussion of this issue
is contained in item #7 below.
"To protect and conserve the value
buildings and improvements on the
of land throughout the municipality and the value of
land."
4
3.
Subdivision requests are evaluated for compliance with the purpose statements of the General
Provisions in the Subdivision Regulations (Section 17.04.010(A,B,C)). The purpose
statements are quoted below and followed by an analysis of the applications conformance to
the each statement.
"17.04.010 Purpose:
A. The subdivision regulations contained in this title have been prepared and enacted
in accordance with Title 31, Article 23, part of C.R'S.' 1973, for the purpose of
promoting the health, safety and welfare of the present and future inhabitants of the
Town of Vail, Colorado.
B. To these ends, these regulations are intended to protect the environment to ensure
efficient circulation, adequate improvements, sufficient open space and in general, to
assist the orderly, efficient and integrated development of the town. These regulations
also provide for the proper arrangement of streets and ensure proper distribution of
population. The regulations also coordinate the need for public services with
governmental improvement programs. Standards for design and construction of
improvements are hereby set forth to ensure adequate and convenient traffic
circulation, utilities, emergency access, drainage, recreation, and light and air. Also
intended is the improvement of land records and surveys, plans and plats and to
safeguard the interests of the public and subdivider and provide consumer protection
for the purchaser; and to regulate other matters as the town planning and
environmental commission and town council may deem necessary in order to protect
the best interests of the public."
The proposed subdivision will not adversely etfect the health, safety and welfare of the Town's
residents. lt simply realigns a lot line between lots 2 & 3, both owned by the applicant. The
subdivision will not require the extension of roads or utilities, since the site is already served
by a public street, and utilities are already available at the site. The proposed house
construction on lot 2 provides ample off-street parking and driveway area, and will not effect
traffic circulation patterns or emergency access on Streamside Circle West. The Fire
Department has reviewed the proposed development and can provide emergency seruices to
both lots. The subdivision and proposed house construction respects existing drainage
easements, floodplains and creek setbacks. The site plan and house design are respectful of
the surrounding neighborhood, the Gore Creek riparian area and the large trees that dominate
the site. The subdivision does not create any additional density or additional development
rights thus, its impacts on the public infrastructure will be minimal and have been accounted
for. The applicant has submitted the linal plat, in the appropriate form, for signatures and
recordation if the subdivision request is approved.
A. Lol 2
Lol Size:'
Exisling Lol
(Allowed/Fequired)
24,486 sq. ft.
Buildable Area:' 18,059 sq. tl.
GRFA:-' 5,524 sq. tl.
(allowed 850 sq. tt.
credit (sld) duplex lol)
Sile Coverage: 4,896 sq. tt.
(20% maximum)
Landscaping: 14,692 sq. ft.
(60% minimum)
B. Lo1 3
Exisling Lol
(Allowed/Required)
Lol Size:' 20,794 sq. tt,
Buildabla Area:' 16,221 sq. tt.
GRFA:" 5,179 sq. fl.
Site Coverage: 4,'159 sq. tt.
(20% maximum)
Landscaping: 12,476 sq. ft.
(60% minimum)
Proposed Lol
(Allowed/Required)
27,430 sq. ft.
19,230 sq. tl.
5,843 sq. tt.
(allowed 850 sq. tt.
credil (sld) duplex lol)
5,486 sq. tt.
'16,458 sq. tt.
Proposed Lol
(Allowed/Required)
17,850 sq. tl.
15,050 sq. tl.
4,860 sq. tl.
3,570 sq. tl.
10,710 sq. tl.
N6l Chanoe .
+2,994 sq. tl.
+1,171 sq. tl.
+ 319 sq. tl.
+ 589 sq. tt.
+1,755 sq. n.
Net Chanqe
-2,944 sq. tl.
-1,171 sq. tl.
- 319 sq. tl.
- 589 sq. tt.
-1,766 sq. fi.
Proposed Home
Conslruclion
27,430 sq. tt.
19,230 sq. ft.
5,505 sq.tt.(238 under)
4,980 sq. tr.(18%X506 under)
20,013 sq. tl. (73%)
Exisling Home
Conslruclion
17,850 sq. ft.
15,050 sq. tl.
3,880 sq. tt.(980 under)
3,029 sf (16%X541 unde0
13,456 sq. tl. (75%)
Required selbacks ar€ 20', 15', 15'; Height is limited to 33'; Parking required is 2.5 spaces. The house as proPosed meels lhe
parking, heighl and selback feslriclions above.
'The lols meel lhe minimum requiremenl of 15,000 square leet of buildablE aJea.
"The GRFA numbers include credils excePl for garages.
III. MINOR SUBDIVISION CRITERIA
The Subdivision Regulations and the Zoning Ordinance, establish minimum standards lor the
creation or modification of lots. The Subdivision Regulations allow for the division of existing
lots or the creation of new lots from previously unplatted property. However, the regulations
require that new lots meet all the applicable standards ot the Zoning Ordinance. The Zoning
Ordinance establishes the dimensional requirements of a lot, i.e. minimum size and
configuration, minimum road frontage, yard and creek setbacks, landscaping and site
coverage percentages. The Ordinance also establishes design review criteria that guide
house design and site development. The table above summarizes the dimensional
requirements of the Zoning Ordinance and relates these requirements to the proposed lot
configuration and house construction. The revised lots created by the subdivision meet or
exceed all these dimensional requirements as shown above.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
February 28, 1994
A request for a worksession for a proposed
and 4336 Streamside Circle WesVlots 2 & 3.
minor subdivision located at 4316
Bighorn Subdivision 4th Filing.
Applicant:
Planner:
Walter Kirsch
Randy Stouder
I. DESCRIPTION OF THE REQUEST
The applicant is proposing a minor subdivision in order to relocate a common property line
between Lots 2 and 3, Bighorn Subdivision 4th Filing. No additional development rights
(units) or density will be created by the proposed re-subdivision. lf the subdivision is
approved, the applicant will construct a new home for himself on lot 2. The proposed
subdivision (see attached reduction of the final plat) adds approximately 3,000 square feet of
area to Lot 2 and reduces Lot 3 by the same amount. The applicant has located the
proposed lot line so that each new lot meets the dimensional requirements of the Two Family
Residential zone district. The proposed subdivision and residential construction will not
require a variance. In fact, it will clean up an existing nonconformity on Lot 3. The existing
house on that lot is located 12.9 feet from the common property line between lots 2 and 3.
The applicant proposes to move the property line further north, creating a full 15 foot setback
for the existing home on Lot 3, thus removing a nonconforming situation.
II- ZONING ANALYSIS
The applicant proposes to demolish the existing home located on Lot 2 and build a larger
permanent residence for himself. No physical changes are proposed on Lot 3. The applicant
has stated that the re-subdivision is necessary to improve the geometry of the lot and provide
the desired house site. As a result of the subdivision, lot 2 gains 2994 sq. ft. of area, 1,171
sq. ft. of which is buildable (not 10O-year floodplain);319 sq. ft. of allowable GRFA; and 589
sq. ft. ol allowable site coverage. The home proposed for lot 2 will utilize 81 sq. ft. of the
additional GRFA and 83 sq. ft. of the additional site coverage generated as a result of the
subdivision. The applicant's GRFA and site coverage are slightly above what would be
allowed without the re-subdivision. The remaining GRFA is available to Lot 2 for future
construction.
a Ifl
A request for a worksession tor a proposed minor. subdivision located at 4316
Streamside Circle WesVlots 2 and 3, Block 4, Bighorn 4th Addition-
5.
Randy Stouder made a presentation per the staff memo. He stated that the applicant
had worked hard to come up with an environmentally sensitive site plan. Randy noted
the discussion items at the end of the staff memo.
Greg Amsden stated that this request was positive'
Bob Armour agreed with Greg's comment.
Allison Lassoe and Jetf Bowen did not have additional comments.
Dalton Williams stated that he was in favor of this request'
Kathy Langenwalter agreed with Dalton's comment and told the applicant that he could
come back before the PEC on March 14, 1994 for approval of ihe requested minor
subdivision.
A request for an SDD to allow for the redevelopment of the Cornice Building and a
conditional use for the off-site relocation of three existing employee housing units,
located at 362 Vail Valley Drive and more specifically described as follows:
A pan ol Tr.d 'tr .nd . pen ot Mill &eek Rord, Vr! Vithge. Fi61 Filng. Car,r y ot E39le, Slaie ol Colondo, mgre paniculady des.tbed a3 lollof,3:
Comdpncing al the Nonh€rsl corner ol Va[ Vllhgs, Filsl Filing;lhenc. Nonh 79'46 otr Wesl dong the Sgulhedy line ol U.S. Highway No. 6 t dblance ol
367,06 te.'l ;o the Nonheasl cgner ol s6d Tract 'B': thence Soulh 10q1a00' West along lhe Easledy line oi said Tracl 'g: a dklance ol 198.31 leel lo lh.
Southeasterly coher ot sajd Trad 'B'; rhencs Nonh 7946 00' Wesr along lhe Sourherly line of eaid Tncl 'F . dislanc. ol 100.00 lesl lo lhe lrue Poinl d
beginning thence nmh Og.lOOt'Wesl a disr.nce ol4l.67 le€t:thenc€ Solth 68'27 11'Wesl r dislance ot 75.21 leel: lhence Soulh 27"133f E.sl gl
dishnca 0l 7?.37leet; thenc€ Nonh 57n24 0C' Easl a dislance ol 55.11 leet. more ot less lo the lrue poid ot beginnjno.
Applicant:
Planner:
Applicant:
Planner:
Wdter Kirsch
Randy Stouder
David Smith
Jim Curnutte
Jim Curnutte made a presentation per the staff memo. He stated that the lot is zoned
High Density Multi-Family and is nonconforming with regard to lot size, which is 3,659
square feet. He stated that the proposal involves the demolition of the present building
and the construction of a new building. He stated that this project will utilize all
available GRFA on the site, as well as a "250" allowance, which brings the total GRFA
of the proposed building to 2,445 square feet. He stated that there were three
deviations from the underlying zone district which the PEC should consider along with
this request. These are locating a single family residence within the HDMF zone
district, building encroachments in the lot setbacks, and parking in the front setback.
He stated that stafl was recommending approval of this requesl for the establishment
of a Special Development District with the four conditions contained on Pages 13 and
14 of the staff memo.
Plannlng end Environmontal Commlgtlon
Feb.uory 28, 1994
TOWNOFVAIL
75 South Frontage Road
Vail, Colorado 81657
303 -479-2 I 3 I / 479-2 I 39
FAX 303-479-2452
TO: Planning
Attn: Randy Stouder
De parnnent of Comnwn iry D eve I oprn e nt
From:
Date:
Russ Forresl
March 10, 1994
Subject: 4316 Streamside West
:-:.:.:.:-:-:-:-:.:.:.:i-:.:-:.:.:-j.:.:.:.:-:.:.:.:.:.:-:-:-:.::.:.
,';;;; ; ;;;'.;;il ;; ;;,;';;;;;;; ;;;;;-
proposed plans for the new Kirch residence. I have the following comments based on this
review.
1) Given the snow on the site it is difficult to determine whether obligate species exist
on the site. I would recommend another site visit in the spring. I did notice to the north of the
existing residence alders and willows along the road. lt appears that they run along a
drainage and should not be directly impacted by the development. However, this should be
verified in the spring.
2) The proposed layout does a fairly good job of respecting the riparian area along
Gore Creek and Bighorn creek. I would recommend that native vegetation be maintained
between the residence and Gore Creek.
3) The major impact is the loss of approximately 16 mature Engelman and Blue Spruce
on the site. I strongly concur with Todd's comments to relocate trees where possible
4) | would also request that no disturbance during construction occur between the
proposed building envelope and the Gore and Bighorn creek. This means no dirt, debris,
vehicles, or building materials in this zone.
Please let me know if you have any questions regarding my comments. lf possible , I would
like to visit the site again in spring to reviarv vegetative impacts and the presence of wetland
species.
Thank youl
subdivision removes an existing setback nonconformity on lot 3, and the resulting lots conform
to all the dimensional requirements of the zoning ordinance.The proposed building site on lot
2 provides a level of environmental sensitivity that exceeds what could have occurred under
existing development rights on the existing lot configuration. However, staff is still concerned
about tree preservation on lot 2 during the construction process.
lf it is the Commissions desire to approve the proposed subdivision, Staff recommends that
the following list of conditions be attached to the approval motion.
Prior to the issuance of any building, two mylar copies of the resuMivision plat
(see attached final plat reduction) shall be provided to the Department of
Community Development lor recordation. No construction or other land
disturlcing activities shall occur on either lot without prior review and approval by
the Design Review Board, and without the issuance of required building
permits.
No construction activity or site disturbance shall occur outside the "limits of
construction disturbance" on lot 2, as shown on the Construction Management
.0.{\
[*A
reduced to the extent possible.
The proposed irrigation system shall be installed so that the roots of trees to be
preserved are not harmed. The alignment of the sanitary sewer system shall
be as shown on the Construction Management Plan; any changes in final
alignment shall be reviewed and approved by the Community Development
Staff.
The applicant shall relocate quality vegetation contained within the limits of
construction disturbance as feasible. As an alternative, the applicant shall plant
spruce and evergreen trees in the front and side yards, adjacent to the garages
and circular driveway, to provide screening of these areas when viewed from
adjacent properties. The applicant shall work with staff to determine the final
disposition of tree relocation/replacement efforts.
The applicant shall maintain native vegetation within the stream setback areas.
Areas within the stream setbacks shall not be seeded or sodded with turf
grasses.
**s#w-
$ly:.
6-:fu *t*S"-t$
$N
,, ,/ ..*l f.{1,. Plan prepared by Zehren and Associates, Inc. (dated 113194\. The limits of
I,,h., s1*' "'rl\t, construction disturbance shall be surveyed and fenced prior to the
r J.\\' l\ .r r S* t commencement of any construction activity on lot 2. Snow fencing shall be
V'. . i-4., [u* used, and shall not be removed until construction is complete. Community
^ \*,J$\ ) Development staff will inspect the fencing prior to the issuance of any building
,(\ M ,\, permits for lot 2. The areas of construction disturbance that encroach into \t\ Qj* stream setbacks (as shown on the Construction Management Plan) shall be
Fil [ fi*Pii
75 South Frontage Road
Vail, Colorado 81657
3 03 -479-2 I 3 8 / 479-2 I 39
FAX 303-479-2452
Department of Cornnunity Development
February 14, 1994
Mr. Walter Kirch
P.O. Box 1937
Vail, CO 81658
Dear Walter:
Thanks for taking the time to meet with Kristan and myself last Monday. Thanks also for your
letter of February 2. I don't feel that we have come to an impass. I believe we have developed
a balanced site plan that achieves your development objectives while protecting the wooded
character of the riparian area. Your personal involvement in the design review process has led
to significant improvements to the house design and site plan. The design changes you have
made to the house thus far save several significant trees and improve the environmental
sensitivity of the project. The current design is respectful of lhe surrounding neighborhood and
the Gore Creek riparian area.
I know you understand the development review process. The last two weeks I have been trying
to explore site planning alternatives that would achieve your site development objectives and save
more big trees. During our meeting with Todd Oppenheimer, it became clear that moving the
house closer to the street would still impact the root zone of the grove of large spruce trees in
question. In Todd's opinion, it would be unlikely that any of these trees would survive the longer
term. Thus, the alternative house site I was considering would not save any additional trees. By
suggesting alternativeg house locations or design modifications, I certainly did not intend to give
you the impression that I felt you had been insensitive to the tree preservation issue.
I have spoken with some of your neighbors along Gore Creek. They place a high value on the
heavily wooded riparian area, and will hate to see any trees removed along this stretch of Gore
Creek. However, they respecl your right to develop a reasonable house on lot 2. Thanks for all
your assistance on this project. I will see you on February 28 at the Planning Commission
meeting.
Sincerely,
7*4stu e
Randy Stouder
Town Planner
Wolter Kirch
4336 Streomside Circle Drive
PO Box 4937
Voil, Colorodo 84658
303t476-5735
l'1r. ltandy Souder
Conuuun j- ty Levelopune L DeparLrftent
town <-rr Va i_l-75 Soutn I rolltage Koad r,Jest
Vail, C<.rloratlo Eto57
!'ebruary Ul, 1994
Dear Rancly:
I arn writing because it seenrs to nre that you and I are approachrng
an impass over tile siting of ttre nouse I an conterirplatrng buildrrrg on
Lot 2 blglrorn Subdivision, !'ourth Aoctition.
Prior to stdrting any ri()usc p,larrs, I iracl tlte Lot surveyeo rn order
to pJ-ot the cxisting totrography an(l to locate al.1 trees. Tlre frouse
was oesrgned to urect tlre following criteria:
A. I'o save as rnany of the 135 plus Lrees as redsonably possibJ_e .
lJ. 1.'o drsturb Lne ndtural woodsy leeling <.rI the slte as Itttle as
;rossible.
C. 'r'o take advantage of thc creck trontage on botir rligtrorn anu
Gore Creeks.
L). To take a<Jvantaqe of the rnountain viewsl especially tronr the
seconcl t Loor.
H. To nroderate the inrpact of the buiJ-ding on tlre street scene.
tr. Io rtreeL tlle spdce requirements ot Lne owner.
As a resuLt of ury first review of the plans with you, I
reclesigned the house elilrinating one garage and one large
nuLtipurpose room. lhe lrappy result of that rt: de$ j.grl was to save 5
trees, J rJt wiricir I would call capital spruce trees.
lve now seenl Lo be focused on one 3loot cliarrreter spruce that is in
tire rniddle ot the prl-me builcring area. According to r[y count, we wi]1
be taking 15 trees out of a total of 85 plus. Altltough 3 of these
will ue spruce witn uiarrreters ot I to e teetr tncre wr-ir still r-re .1.0
brees witlr diarrreters of 2 to 3 teet olr the ]ot.
1 ant aware of Ann t''t i ll,er's request tllat tree$ ai<-rrrg Ltru crccK De
preserved, and I agree witn her. l'he trce in question is 95 teet trolu
tne centcrline of Gore e reek so rt rJoesrr't iurpact tlle DeauLy of tlle
creek f rorrtage. ['urthermore, my plan will prescrve a beautitu1 forest
along botlr Gore arru l-iiglrorn CreekS.
It is my interrt to transplant as tnatry of thc 15 trees tlrat are
witirin the iiouse tootpritrt as is practical. It is a.Ls<.r lry intent to
plant a significarrt spruce in the driveway planter and several IU toot
spruce along the property line between lots 2 and 3. I have alreauy
planteo I spruce, 10 to 12 feet in height, alotrg the boundary line
betweer! lots I an<l 2.
You nray not be aware of rny llackgrounct .rs a builder and <Jeveloper.
I have livecl it1 tlre conrrnunity since 197.L arrd have probaDly dcveloped
as many or ulore resrclential units in VaiI than arlyone. You carr visit
every property Lnat I rrave buift atrd you'11 tind tilat a great oeal of
planning antl etfort went into preserving tlre natural vegetatiolr as
well as supplementrng it. wfiere appropriate. It's j.rotric ttlat i'n now
Deing viewed as insensitive to thc trees at my own residence.
Your suggest ion ot burlciing tlre jrouse cLose to tlre street r where
there are f ebrer trees, seems undesireable tor 2 reasons:
l\. It vrout<l place a J-argc, l.rrolirincnt buiJ-uing irr y,roxirrrity to tire
street.
d. I t t-loesD' L al"1or, t.fic housc arl(l yseIt Lo en joy tlre crccii
er)vr rotrliicrlL that I own.
I believc tl..,t 1 ir.rvc been ntore tliarr reasorrable irr resporr<Jlng Lo
your suggcstiorr:; ar;tr j-t-.e1 tlrat I lldvc lro rilorc ro()ilr tor colLr!./ rorrr L S c .
ljllclosed are 3 dr.rvrrrrtls thaL I l'tope wilI slre tl Li,..iirt. on ttro potnts
L arll t ry r rrU to r,ruK(j .
lies l- reuards,
0)r^1*: /'.-/
!Jaltsr K l rcll
r..rlS L-.rr PrLt z
Dircct()r - CorLurrunity i-,,evelr")1)IilenL iJe[)arttllerrL - 'l'owrl oi Vciil
I'{r. Randy Stouder
% Town of Vail Cornmunity Dev. Dept.
75 South Frontage Road Vail, Colorado U"657
Re: A request for a minor subdivision located at 4316 Streamside Circle West/Lots 2 and 3, Block 4, Bighorn 4th Addition. Applicant: Walter Kirsch
Dear Mr. Stouder,
It has come to our attention that a number of old growth trees will have to be removed to make room for the construction of a Large new house. This area is heavily treed with o1d Spruce and Lodgepole pines. One of the reasons
we purchased 1n this area was the nurnber of trees.
We would hope the Planning and Environmental Conmission
would do everything possible to keep as nany trees in the area as it can.
Thanks for your consideration.
"rq{yl,/4--------_D. Sorenson
JDs/ds
Ri:C'tl rirB 7 r994
REAL ESTATE BROKEITS AND CONSULTANTS
23O BRIDCE STREET
VAIL, COLORADO 8T657
February 7, L994 TELEPHONE
(3OJ' 476-2421
TELEFAX
(303) 476-2658
Kristen Pritzi Director
Planning Department
The Town of Vail
75 S. Frontage Road, West vail, co eL6s7
Dear Kristen:
r understand that you and Randy souder are meeting with walter Kirch tomorrow to review his current house plans.
walter came before the Design Review Board rast month to conceptuarly present his proposed residence. Although we had sone concerns regarding the initial design and its effect on the existing trees, we were pleased with walterrs attitude of working with us and the staff.
we should arso remenber that walter has rived adjacent to this site for nany years and recognizes the beauty of the setting as welr as anyone.
Il . Ty opinion Walter has since satisfied our cornments by elininating a garage and a room on the south west corner of the property and thus reducing the size of the residence. These changes allow for the retent,ion of nore of the larger evergreen trees ind the better protection for several others.
r feel that a reconrnendation by staff to move the house further towards the road may exasperate the massing of the horne as it is viewed fron the street. The site currentry his approxirnately eighty five trees on it. Although severar rarge trees-ire to be iernoieal walter has shown sensitivity to the site from the street and as viewed from the residences on the other side of Gore Creek.
As r prepared to Leave the Design Review Board, r strongly believe that one of the nain contributions which both Ned cwat-hmey and r were successful was one of irnproving the basic inage of the approval process.
Excl|^irvc All il |arr
I NTERNANONAL REAITY
I fir"nly believe that the nain function of both your staff and the
DRB iE to review applications, nake reconnendations, and avoid the tenptation to design. We should not loose sight of the fact that we are design Reviewers and Not Desl.qners!
Walter Kirch's proposed residence is an exanple of the process working correctly. The applicant presented a plan for his property.
He then nade nany of our recornmended changes and has reached in appropriate cornpromise which is both sensitive to his lot and conpatible to the neighborhood.
Such a result seems to be our goal and representative of a successful design review process.
I{ith sincere regards,
,/
,, .\Lt^t -c-,
1 ceorge S. Lamb, Chairnan
Design Review Board
:cc Walter Kirch
\( r){,
v"'\
I
TOWN OFVAIL
75 South Frontage Road
Vail. Colorudo 81657
303-479-2 I 38 / 479-2 r 3e
FAX 303-479-2452
TO:
From:
Date:
Subject:
Planning
Attn: Randy Stouder & Kristan Pritz
Russ Forrest
January 2,1994
4316 Streamside West
i
Departnent of Conmuniry Developrnent
.
i{r
..
1
!
As I understand Mr Kirch is proposing to build a home at 4316 Streamside West which will
have a wood burning open hearth fireplace. This fireplace will be attached to the home and
will open to the exterior of the home and not the interior which raises the question of what if
any TOV regulations apply to this type of lireplace construction.
, Section 19.29.Q30 oI the Town code clearly prohibits apywo-o&urping fireplace ',other than a
certified solid fuel burning device, constructed or insta(qp!witlDly dwelling unit,
accommodation unit, restricted dwelling unit" within the tdffiIfie inten| of this code is to .:
prohibit all woodburning open hearth fireplaces in the Town of Vail.
Section 18.20 of the Town Code addresses "open burning". This restriction prohibits open
burning except for the noncommercial cooking of food for human being or for recreational
. -purposes".
My interpretation of these codes is that open hearth fireplaces are illegal to construct in the
Town of Vail. When reading these codes together I interpret them to mean you can cook
food, for non commercial purposes, outside if it is not in a open hearth fireplace. The code
does not allow you to conslruct a fireplace to cook food. lt is my conclusion that the
construction of a open hearth fireplace connected to a home is a violation of our Town code
and should not be permitted.
. t ,;
'1. ...7 :/
: , ,',i .r
| (.t.'
T0lVl'IhFVAIL
75 South Frontage Road
Vail, Colorado 81657
303-479-2I 38 / 479-2I39
FAX 303-479-2452
TO:
From:
Date:
Subject:
Department of Comrnunity Development
Planning
Attn: Randy Stouder & Kristan Pritz
Russ Forrest
January 2,1994
4316 Streamside West
As I understand Mr Kirch is proposing to build a home at 4316 Streamside West which will
have a wood burning open hearth fireplace. This fireplace will be attached to the home and
will open to the exterior of the home and not the interior which raises the question of what if
any TOV regulations apply to this type of fireplace construction.
Section 18.28.030 of the Town Code clearly prohibits any woodburning fireplace "other than a
certified solid fuel burning device, constructed or installed within any dwelling unit,
accommodation unit, restricted dwelling unit" within the town. The intend of this code is to
prohibit all woodburning open hearth fireplaces in the Town of Vail.
Section 18.20 of the Town Code addresses "open burning". This restriction prohikrits open
burning except for the noncommercial cooking of food for human being or for recreational
purposes".
My interpretation of these codes is that open hearlh fireplaces are illegal to construct in the
Town of Vail. When reading these codes together I interpret them to mean you can cook
food, for non commercial purposes, outside if it is not in a open hearth fireplace. The code
does not allow you to construct a fireplace to cook food. lt is my conclusion that the
construction of a open hearth fireplace connected to a home is a violation of our Town code
and should not be permitted.
75 South Frontage Road
Vail, Colorado 81617
303 -47 9-2 1 t 8 / FAX 301 -47 9 -2 r 66
Delartment of Pahlic Works lTrantDortation
ItEl,lOR}}{Dltr.l
To: Randy Stouder
From: Todd oppenheimer
Date: January 27 tL994 Re: Kirch Residence, 43L6 Stearnside Cj-rcle
After the reviewing the plans subnitted for this project and
walking the site, I would like to make the following comments.
Please do not hesitate to call me if you have any questions.
L. There are at least 5 or 6 exi-sting trees scheduled for removal that could be moved to new locations on the site. They are small
enough and far enough from other trees that they stand a decent
chance of surviving. I have marked these trees on the p1ans.
Trees should be moved either before the buds begin to swell in the spring or after a couple weeks of hard freezes in the fall. The rule of thumb for rootball size is one foot of rootball diameter for each inch of caliper.
2. About ten of the trees that are shown to remain are being
irnpacted by the grading. The applicant should modify the grades of the driveway and drainage swales to avoid cuts around these trees.
Inpacted trees are marked on the p1an.
3. The potential for damage to remaining trees during construction is significant on this site. The applicant shoutd subnit a construction access plan showing routes, staging areas and tree protection fencing. Fencing should be installed and inspected pri.or to demolition and should remain in place until completion of all construction and grading.
4. There is a development option available that greatly reduces the
impacts to the vegetation on the site. The large circular auto court shown on the plan occupies about 2600 square feet of buildable space. Redesigning the structure to take advantage of that space would move it up on the lot to an area with much less
vegetation.
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"'i'lDtc r51993
DATE RECEIVED BY
COMMUN ITY DEVELOPMENT DEPARTMENT
r.vi..d rO12/Q
APPLICATION FOR
MINOR SUBDIVISION REVIEW
CHAPTER 17.20 VAIL MUNICIPAL CODE
(4 OR FEWER LOTS)
(please print or type)
AppLrcANr Zshre,w b,/t
^ceiaks,In..
-- ?ralV\illqr
MAILING ADDRESS
FI PROPERTY OWNER
OWNEB'S SIGNATURE
PHoNE 141-W
rdn
MAIuNcADDRESS f0 EOK l0bb Vai[ C0 UGab enoNe4b-ryT*
LOCATION OF PROPOSAL (street address)
,/
l*rttuor;ofW &
5.
Cfr utato
UBDIVISION
D.
E.
FEE $250.00 "o,r--49--cHEcK *_El_oerc 12/ rc/qg
The first step is to request a meeting with the zoning administrator to assist tlie
applicant in meeting the submittal requirements and to give the proposal a preliminary
review.
F. SUBMITTAL BEQUIREMENTS
' 1. The applicant shall submit three copies, two of which must be mylars, ol the
proposal following the requirements tor a final plat below. Certain of these
requirements may be waived by the zoning administrator and/or the Planning
r t . - r a-nd Environmental Commission if determined not applicable to the project..- tk orr'tIdt r}lljJ i,V-
'r l/ t l){ 92. A list of all adjacent property owners (including those behind and across the
street) WITH COMPLETE ADDRESSES shall also be submitted. tn addltlon,
submlt addressed, stamped envelopes lor each of the above.
Title Rcport verifying ownership and easements. (Schedules A & B)
An environmental impact report may be required as stipulated under Chapter
18.56 of the zoning code.
FINAL PLAT - REQUIREMENTS AND PROCEDURE:
(Some oi these requirements may be walved.)
./.a. The suMivider shall submit four copies of the'final plat, two of which
-slrall be mylars, twelve copies of the final EIR (if required) and any
aCditional material as required below. Within thirty days of receiving the
complete and correct submittal lor a final plat, the zoning administrator
shall cause a copy of a notice of thc time, place and general nature of
thc hearing and proposal to be published in a newspaper of general
circulation in the Town of Vail at least fifteen days prior to said hearing.
AIso, adjacent property owners to the proposed subdivision shall be
notified in writing at least seven days prior to the public hearing.
rl' B.Final Plat - Staff Feview.
The final plat shall be circulated to and reviewed by the town's departments,
including, but not limited to Public Works, Transportation, Community
Development, Recreaiion, Administration, Police and the Fire Department.
Comments and concerns of these departments will be fonvarded to the PEC
prior to the public hearing.
C. Final Plat and Supplementarv Material - contents.
The final plat and supplementary material shall contain the following
information:
41. The final plat shall be drawn in India ink, or other substantial solution, on
a reproducible medium (preferably mylar) with dimcnsion of twenty-four
by thirty-six inches and shall be at a scale of one hundred feet to one
inch or larger with margins ol one and one-half to lwo inches on lhe lelt
and one-half inch on all other sides.
L/ 2. Accurate dimensions to the nearest one-hundredth of a foot for all lines.
angles and curves used to describe boundaries, streets, setbacks,
alleys, easements, structures, areas to be reserved or dedicated for
public or common uses and other important features. All curves shall be
circular arcs and shall be delined by the radius, central angle, arc chord
distances and bearings. All dimensions, both linear and angular, are to
be determined by an accurate control survey in the field which must
balance and close within a limit of one in ten thousand.
v3. North arrow and graphic scale.
v 4. A systematic identification of dll-existing and propgged buildings; units,
lots, blocks, and names for all streets.
/5. Names of all adjoining subdivisions with dotted lines of abutting lots. It
adjoining land is unplatted, it shall be shown as such.
'/6. An identitication of the streets, alleys, parks, and other public areas or
facilities as shown on the plat, and a dedication thereof to the public
use. An identification of the easements as shown on the plat and a
grant thereof to the public use. Areas reserved for future public
acquisition shall also be shown on the plat.
t-/-" 7. A written survey description of the area including the total acreage to the
nearest appropriate significant figure. The acreage of each lot or parcel
shall be shown in this manner, as well.
;z A. A description of all survey monuments, both found and set, which mark
the boundaries of the subdivision, and a description of all monuments
used in conducting the survey. Monument perimeter per Colorado
statutes. Two perimeter monuments shall be established as major
control monuments, the materials which shall be determined by the town
engineer.
,/9. A statement byfhe land surveyor explaining how bearing base was
determined. (A(# f ,2y-r.*.1/ b-7 9-<.ro/..t.yo-t )
,./10. A certificate by the registered land surveyor as ouUined in Chapter 17.32
of this title as to the accuracy of the survey and plat, and that the survey
was performed by him in accordance with Colorado Flevised Statutes
1973, Title 38, Article 51.
Lt(. A certificate by an attorney admitted to practice in the State of colorado,
or corporate title insurer, that the owner(s) of record dedicating to the
public the public right-of-way, areas or facilities as shown thereon are
Ltir4d
g
a
fl
,y#
the owners thereof in fee simple, free and clear of all liens and
encumbrances except as noted. (See example in Chapter 17.32)
The proper form for approval of the plat by the PEC chairman and
acceptance of dedication and easements by the council with signature
by the mayor and attestation by the town clerk. Examples are found in
chapter 17.32 ol this tiile.
The proper form for filing of the plat with the Eagle County Clerlt and
Recorder as per example in Chapter 17.32.
CertiJicate of dedication and ownership as per example in the appendix.
Should the certificate of dedication and owncrship provide for a
dedication of land or improvements to the public, all beneficiaries of
deeds of trust and mortgage holders on said real property will be
required to sign the certificate of dedication and ownership in addition to
the fee simple owner thereof.
All current taxes must be paid prior to the Town's approval of plat. This
includes taxes which have been billed but are not yet due. The
certificate of taxes paid must be signed on the plat or a statement from
the Eagle County Assessor's Office must be pi'ovicled with the submittal
information stating that all taxes have been paid.
Additional material which shall accompany the final plat includes, but is
not limited to:
Complete and final environmental impact report if required by the
zoning ordinance;
Complete engineering plans and specifications for all
improvements to be installed, including but not limited to lvater
and sewer utilities, streets and rclated improvements, pedestrian
and bicycle paths, bridges and storm drainage improvements;
13.
tvfi- ro.
15.
16.
J.[J F't /datnutd ^'
t.
b.
L]at the same scate as tn.iilfrf$'i(id"*i"g
d.
revegetation plan showing locations, \ffand sifei of existing a., -t_tl.dl.t'and proposed vegetation. I _- c.. n/i,,,, uN\',:'...,lrot ano proposed vegetatlon. lq; f*r/:l,l!*sp*rlo*i
A map the same scate as the rirat plat cepiclii/s'K inlTl:^Yi.' iri o*O
moderate avalanche hazard aroas, forty pqr6ent and high slo$6 gfiIto.(; '1,
areas and.onT-hundred year ficcd plain arbbs as delined in ne
"|. o4pz&'hazard ordinahesof the Vail lviunicipat Cod6; % tf,,l* fua
ng
and proposed qradino plan jconior++ffirval
requirements same as preliminary and or .
Copies of any monument records required of the land surveyor in
accordance with Colorado Flevised Statutes 1973, Tiile 38,
Article 53;
Any agreements with utility companies when required;
Protective covenants in form for recording;
Other data, certificates, affidavits, or docurnents as may be
required by the zoning adminlstrator or PEC or council in the
enforcement of these regulations.
lf this application requires a scparate re,riew by any loca!, State
or Federal agency other than the Town of Vail, the application
fee shall be increased by $200.00. Examples of such rcview,
27b, r
^-(
,g
,.4,
h.
Title insurance company proof of ownership of all lands *itrin +' h;uau;;;n,
the proposal; (^* itr_ /
o
may include, but are not limited to: Colorado Department of
Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing lees
which are in excess ol 50/"of the application fee. lf, at the
applicant's request, any matter is postponed for hearing, causing
the matter to be re-published, then the entire fee for such re-
publication shall be paid by the applicant.
Applications deemed by the Community Developmenl
Department to have significant design, land use or othcr issues
which may have a significant impact on the community may
require revlew by consultants other than town staff. Should a
determinaiion be made by the town staff lhat an outside
consullant is needed to review any application, the Community
Development Department may hire an oulside consultant, it shall
estimate the amount of money necessary to pay him or her and
this amount shall be forwarded to the Town by the applicant at
the time he files his application with the Community Development
Department. Upon completion ol the review of the application by
the consultant, any ol the funds forwarded by the applicant for
payment of the consultant which have not been paid to the
consultant shall be returned to the applicant. Expenses incurred
by the Town in excess of the amount fonrarded by the
application shall be paid to the Town by the applicant within 30
days of notification by the Town.
THE DEPARTMENT OF COMMUNITY DEVELOPMENT WILL BE HESPONSIBLE FOR
SEEING THAT THE APPROVED PLAT IS PROMPTLY RECORDED WITH THE EAGLE
COUNTY CLERK AND RECORDER.
ORDINANCE NO. 1
Series of 1991-
AN ORDINANCE AMENDING TITLE i7 OF THE TO!.IN OF VAIL MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.17 SCHOOL SriE'OTOTCETIONS;AND SETTING FORTH DETAILS IN REGARO TiTNEiO.
WHEREAS the Town councir of the Town of Vair is of the opinion that the
subdivider of land in each major residential subd.i vision or portion of a major
subdivision which is intended for resjdential use shalI al'l ocate and conveysites
and land areas for schoors when such are reasonabry necessary to serve the
proposed subdivision and fut,ure residents thereof;
NOl,l THEREFORE be tt ordained by the Town Counci.l
Co I orado :
Section l,
Title 17 of the Town of Vail l"lunicipal Code is hereby
addition of chapter 17.17, Schoo'l site Dedications, to read as
of the Town of Vail,
amended by the
fo] I ows :
t7 .17.010 PURPoSE
It is hereby declared to be the po] icy of the Town that whenever there is
a maJor subdivision, which is subd,i vided for resident.i a.l use or partial
residential use' the owner of the land shal1 provide'l and for school needs
generated by the proposed residential use. It is the purpose of this chapter to
require the dedication of land or the payment of fees in lieu thereof or both to
ful fi I I such needs.
Section I7.17.020.. school land dect ication or cash in rieu thereof.
The subdivjder of land in each resi<lential major subdivision or portion of
the subdivision which is intended for residential use, sha11 al locate and convey
sites in Iand areas for schools when such are reasonably necessary to serve the
proposed subdivision and future residents thereof, by the application of the
formulas set forth below:
Single famil! and duplex
Number of uni ts x
Multi-family.
Number of un.i ts x.002676
l,lhen l and i s dedi cated for
be that vrh i ch .i s useab l e by the
and shall be maintained by the
or primary secondary.
.014495 = dedication requi rement jn acres.
= dedication requirement in acres.
the purpose of providing a school site, it shal 1
Eagle County School 0istrict for such purpose,
School District in a reasonable manner until
developed. Said land shall be held by the Town of Vail for the School D.istrict
until required by the Schoo'l District, In the event that the School Distrjct
determines subsequent to dedication that the dedicated school site is not
reasonably necessaryr the T$^rn councjl may, at the request of the School
District, sell the Iand.
When sites and land areas for schoo'l s are not reasonably necessary to serve
the proposed subdivision and future residents thereof, the Town Council, with
recommendatjons from the School District and other affected entities, shail
require, in I ieu of such conveyance of land, the payment in cash by the
subdlvtder of a amount not to exceed the fu'l Imarket va] ue of such sltes and land
areas f or schoo'l s.
The full market value shalI mean the current market value of unimproved
'l and' This value shall be set annually by the Town Council on an acre basis with
recommendations from the Schoo'l District. The same value per acre sha'l I be used
throughout the torvn.
If the subdivider does not agree with the value per acre, the subdivider
may submit the report by a qualified appraiser who is M.A.I. designated, wh.i ch
establishes a new value. The Town Council shalI review the report and determine
if the value is reasonable. Based upon the.i r review, the Toyrn counciI wiII
determi ne the va lue of such Iand.
l^lhen money in lieu of Iand is required or when monjes have been paid to the
Tot'rn Council from the sale of such dedicated sites for schools, it shalI be held
by the Tot^tn Council for the acquisition of reasonably necessary sites for the
construction of school facilities, for the construction of empl oyee housing
required by the school district, for the purchase of employee housing units for
the school district, or for the development of such sjtes. If housing units are
purchased, a deed restriction restricting their use to school district emp)oyee
housing shall be required arrd ovrnershi p shall remain jn the name of the School
District. A subdivision school dedication shall apply onlyonce to the same iand
area. Dedicatjon shalI not be required of re-subdivisions of the same land on
a dedication that has previously been made.
Section 17.17.030. Town Exempted.
The Town of vair is specificarly exempted from the requirements of this
chapter 17.17.
Section 2. If any
of this Ordinance is for
part, secti on, subsect i on, sentence, cl ause, or ph ras e
any reason held to be inva'l id, such decision sha.l I not
-2-
ORDINANCE NO.2
Series of 1991
AN ORDINANCE AI'IENDING TITLE 18 OF THE MUNICIPAL CODE OF THE
TOWN OF VAIL BY THE ADDITION OF CHAPTER 18.67 VESTED PROPERTY RIGHTS;
AND SETTING FORTH DETAILS IN REGARD THERETO.
NOl,l, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOI,IN OF VAIL,
COLORADO:
1. Tit'l e 18 is hereby amended by the addition of Chapter 18.67 to read
as f ol 'l ows :
18.67.010 PURPOSE
The purpose of this Chapter is to provide the procedures necessary to
implement the provisions of Article 68 of Title 24, C.R.S., as amended.
18.67.020 DEFINITIONS
A. Site specifjc deve'l opment plan sha'l 'l mean and be limited to a fina'l
major or minor subdivision plat, or a specia1 development djstrict development
p l an.
B. Vested property right means the right to undertake and complete the
deve)opment and use of property under the terms and conditions of the site
spec i f i c deve'l opment p1 arr , and sha'l 'l be deemed estab'l i shed upon approval of a
si te specific development p1an.
]8.67.030 NOTICE AND HEARING
No site specific deve'l opment plan shal 1 be approved by the Town Council
or any Town board or commission as appl icab'l e, unti'l after a pub'l ic hearing
proceeded by written notice'of such hearing, in accordance with Chapter 8.68
of the Vai'l Municipal Code. Such notice may, at the option of the Town, be
combined with the notice for any other heari ng to be held jn conjunction with
the hearing on the sjte specific development plan for the subject property.
At such hearing, persons with an interest in the subject matter of the hearing
shal'l have an opportunity to present re'l evant or material evidence as
determined by the Tovln Council or Town board or commission as app'l icab'l e.
18.67.035 ACTION FOR APPROVAL OF SITE SPECIFIC DEVELOPI'IENT PLAN .
CONDITIONS
The action of the Town Council or Town board or commission as applicable
for approval of a site specific deve'l opment p'l an shal'l be in the same form as
that required to approve any request being considered for the subject property
in conjunction with the hearing on the site specific deve'l opment p1 an, such
affect the validity of the remaining prrtions of this Ordinance; and the Town
council hereby decrares it wourd have passed this 0rd.i nance, and each part,
section, subsection, sentence, clause, or phrase thereof, regardiess of the fact
that any one or more parts, sections, subsectiorrs, sentences, clauses, on phrases
be decl ared i nval i d.
Sectjon 3. The Town councir hereby finds, determines, and decrares that
this Ordinance is necessary and proper fon the hearth, safety, and yrer f are of the
Town of Vail and the inhabitants hereof.
section 4. The r"epeal or the repeal and reenactment of any provision of
the vailMunicipal code- as pnovided in this Ordinance shall not affect any right
which has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any section commenced, nor any other act.i on or proceedings
as commenced under or by virtue of the provis.i on repealed or repealed and
reenacted- The repeal of any provision hereby shail not revive any provis.i on or
any ordinance previously repeared or superseded unress expressly stated here.i n,
section 5' Repearer. Ai1 byiaws, orders, resolutions, and ordinances, or
parts thereof, jnconsistent herer.rith are hereby r.epealed to the extent only of
such inconsistency. This repealer shal l not be construed to revise any by1aw,
order, reso luti on, or ordi nance, or part he reo f , heretofore repeal ed.
INTRODUCED, READ, AND AppRovED oN FIRST READING THIs r:rh day of
Februarv ' 1991, and a public hearing shalI be held on this ordinance on the
_ day of
Chambers of the VaiI Munic.i pal Bu.i lding,
Ordered published in full this lgrh
ATTEST:
bv tlrle only
1991, al 7:30 p.n. in the Councii
, Col orado.
of Febrrra rv , lggl .
tr-:'l vd I I
day
1/ ,f)r-t \/V)//f'l ('o(oa.(-.
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5rh day of March , 1991,
i ffi \P-'/
Cl erk
Rose,
NueatJ
Towh Cl erk
ATTEST:
-3-
action being either by ordinance,.resolution, or motion as the case may be.
If any action by any board or commission is appealed to or called up by the
Town Council, approval shall be deemed to occur when a final decisjon of the
Town Council is rendered approving the site specific development p1an. The
approval may include such terms and conditions as may be reasonably necessary
to protect the public health, safety, and welfare, and the failure to abide by
any such terms and conditions may, at the option of the Town Counci'l or Town
board or commission as applicable, and after public hearing, result in the
forfeiture of vested property rights.
18.67.040 APPROVAL - EFFECTIVE DATE
A site specific development plan shalI be deemed approved upon the
effective date of the approval action re'l ating thereto by the Town Counci'l or
the Town board or commission as the case may be.
18.6i.045 VESTED PROPERTY RIGHTS - DURATION
A. A property right which has been vested as provided for in this
Chapter shall remain vested for a period of three (3) years. In the event
amendments to a site specific development plan are proposed and approved, the
effective date of such amendments for purposes of the duration of the vested
property ri ght, shall be the date of the approval of t,he original site
specific development p1an, unless the Toyrn Council or appl icab'l e board or
commjssion specifically finds to the contrary and incorporates such finding in
'i ts approval of the amendment.
18.67.050 NOTICE OF APPROVAL
Each map, p1at, or site plan or other document constituting a site
specific development plan shal l contain the fol l or'ring Ianguage: "Approval of
this plan may create a vested property right pursuant to Article 68 of Title
24, C.R.S., as amended." Fai'l ure to contain this statement shalI invalidate
the creation of the vested ppoperty right. In addition, a not'i ce describing
generally the type and intensity of use approved, the specific parcel or
parcels of property affected, and stating that a vested property right has
been created, shal 1 be published once, not more than fourteen (14) days afler
approval of the site specif.i c deve'l opment plan in a newspaper of general
circulation within the Town.
T8.67.055 EXCEPTION TO VESTING OF PROPERTY RIGHTS
A vested property right, even though once established as provided in
this Article, precludes any zoning or'l and use action by the Town or pursuant
-?-
to an'i nitidted ineasure which wou'l d alter, impa.i r, prevent, dim.i nish, or
otl"erwise delay the development or use of the property as set forth in the
site specific deve'lopment plan except:
A. l.lith the consent of the affected landowners; or
B. upon the discovery of natural or man-made hazards on or in the
immediate vicinity of the subject property, which hazards cou'l d not reasonably
have been discovered at the time of s.i te specific development plan approval ,
and which hazards, if uncorrected wou'l d pose a serious threat to the public
health, safety, and welfare; or
C. To the extent that the affected landowner receives just compensation
for all costs, expenses, and liabilities jncurred by the landowner, including
but not limited to alI fees paid in consideration of financing, and alI
architectural , planning, marketing, legal , and other consultants fees incurred
after approval by the Tovrn council, or appl icab'l e town board or commission,
together with interest thereon at the 1ega1 rate unti'l paid. Just
compensation shalI not include any diminution in the va] ue of the property
which is caused by such action.
0. The establishment of a vested property right pursuant to'l aw shall
not preclude the application of ordinances or regulations which are general in
nature and are applicable to al1 properties subject to land use regulation by
the Tovrn of Vail, including but not Iimited to, building codes, fire,
plumbing, electrical and mechanical codes, housing, and dangerous buildinq
codes, and design review guidelines.
18.67.060 PAY|,|ENT 0F CoSTS
in addition to any and all other fees and charges imposed by the
fiunicipal code of the Town, the applicant for approval of a site specif.i c
development plan shal 1 pay a1'l costs re'l ating to such approval as a resu.l t of
the site specific development plan review including publ jcation of notices,
public hearing, and review costs. At the option of the Town, these costs mav
be imposed as a fee of t i,O
-
18.67.065 OTHER PROVISION UNAFFECTED
Approval of a site specific deve'l opment plan shal'l not constitute an
exemption from or waiver of any provisions of this code pertaining to the
development and use of property.
IB.67.O7O LIMITATIONS
Nothing in this chapter is intended to create any vested property right,
-3-
but only to'imp1 ement the provisions of Articre 6g of Titre 24, c.R.s., as
amended' In the event of the repeal of'said Article or judicial determinatjorr
that said Articre is invarid or unconstitutionar or does not apply to home
rule municipalities such as the Town of vai1, this chapter shail be deemed to
be repealed, and the provisions hereof no longer effective.
2. If any part, section, subsection, sentence, crause or phrase of thjs
ordinance is for any reason held to be inva'l id, such decision shall not affect
the validity of the remajning portions of this ordinance; and the Town councir
hereby declanes it would have passed this Ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardress of the fact that
any one or more parts, sectjons, subsections, sentences, clauses or phrases be
dec'l ared inval id.
3. The Town council hereby finds, determines and decrares that this
Ordinance is necessary and proper for the health, safety and we.l fare of the
Town of Vai'l and the inhabitants thereof.
4. The repeal or the repeal and reenactment of any provision of the
Municipa1 code of the Town of vail as provided in this 0r"dinance shall not
affect any right which has accrued, any duty imposed, any vioration that
occurred prior to the effective date hereof, any prosccution commenced, nor
any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repea.l ed or
superseded unless expressly stated herein.
5. A1 1 by1 aws, orders, resorutions, and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any byiaw, order, resolution,
or ordinance, or part thereof, theretofore rcpealed.
INTR0DUCED, READ AND APPROVED ON FIRST READING this strr day of
March ' 1991, and a public hearing shalI be held on this Ordinance on the
5rh day of March , l9gl, at 7:30 p.m. in the counci'l chambers of the vai.t
I'lunicipal Building, Vai1, Colorado.
0rdered pub'l ished in fu1 I thjs 5t[ day of L,
l:rvr
At tL5 | :
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C?*t,&n oa^**PamelaA:ffi
INTRODUCED, READ, AND APPROVED ON SECOND
btg *r+LL nJL{ this tjS day
READING AND ORDERED
of ltud^-
PUBL I SHED
, tvyI.
AttL)t:
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