HomeMy WebLinkAboutVAIL INTERMOUNTAIN BLOCK 3 LOT 5 LEGALTOWN OF VAIL
Ofice of the Tbwn Anorney
75 South Frontage Road
Vail, Colora.do 81657
970-479 -2 I O7/F ax 970-479-2 I 5 7
June 5, 1998
VIA TELECOPIER 328-705I
Kevin B. Lindahl, Esquire
Sperberg Lindahl LLC
Post Office Box 2100
Eagle, CO 81631
Re: Town of Vail/Ir,IcCully Agreement
Dear Kevin:
I have reviewed your proposed amended Agreement with Greg Hall and Dominic Mauriello.
In reviewing time frames with Greg Hall the Town will be able to complete it's responsibitities by
August I, 1998 but could not commit to the suggested date of July l, 1998.
In regard to Mr. McCully's request to provide lbgal descriptions for Parcel A, Parcel B and Parcel
C, the Community Development Department is reviewing whether or not that can be accomplished
by zoning. That will depend on the size of the properfy and the present ownership. If it is in a legal
nonconforming status it may not be possible to resubdivide as requested.
The Town agrees to pay the $2,500 reimbursement for the appraisal prepared by West Terra Corp.
In regard to the stream flow along the east boundary of the property, the Town will commit to taking
no action to interfere with the existing stream flow but will not take on any maintenance
responsibilities. Mr. McCully will be responsible for all maintenance.
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That is the present status of our waluation. I will notify you as soon as a decision has been reached
in regard to the singular outstanding issues conccrniug the legal description ofthe resubdivision.
Thanks for your assistance in resolving this mattcr.
Very tnrly yows,
TOWNOFVAIL /)tu4
R. Thomas Moorhead
Town Attorney
RTlWaw
xc: Greg Hall /
Dominic Mauriello r.u
Fl[E C;
75 South Frontage Road
Vail, Colorado 81657
970-479-2r3V479-2t39
FAX 970-479-2452
Novcrnbcr 7. 1996
Craig McCully
2704 Larkspur Court
Vail, Colorado lt 1657
Depart,nent of Conmunity Developnent
RE: DRB application lirr a garagc and drivcrvay il2701 l-arkspur Court/Lot 5, Block
3, Vail Intcrmountain
Dcar Craig:
'[hc Comrnunity Dcvcloprrrcnt Dcpanrncnt and l'ublic Works Dcparttncnt havc rcviovcd thc sitc
plln you submittcd lbr thc proposcd garagc and clrivcrvay on tlris sitc. Thc lbllowing commcnts
rnust bc addrcsscrl:
l. Providc a stlnrpcd topographic survcy for thc sitc to vcri{y gradcs. 1'his survcy. as
wcll as thc sitc plan. rnust show thc cdgc ofstrcct asphalt. Staffdid not rcqucst
thc topo sul'vcy its part of, thc vari:rncc application in ordcr to stlvc you tirrrc and
lnoncy, sincc it was not ccrtain that thc varilncc woulcl bc tppnrvcd. A stampcd
topographic survcy is rcquircd as part of thc nonnal submittal rcquircmcnts with a
DRts application.
2. Show on thc sitc plan. n 4'widc pan rvith a 2" invcrl at thc cdgc of roadway
pavcmcnt. This is rcquirccl for drainagc purposcs.
3. lt is inatlcquatc to simply statc "rctaining wall stcp as rcquircd by changc in gradc
clcvations." You must providc spot clcvations along thc top of walls and bottom
of wall on tcn foot intervals. You rnust also providc a scalcd clcvation dctail of thc
wall and a profile of thc proposcd walls. All proposcd sitc grading must also bc
dcpictcd on thc sitc plan. Thc plan must rcflcct cxactly what will bc constructcd in
thc ficld.
4. As indicatcd prcviously, a complctc packagc will nccd to bc submittcd which
includcs thc proposcd building clcvations (all clcvations) and which addrcsscs all
of thc conditions of approval.
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In thc futurc, plcasc makc all plan submissions through mc and not dircctly to thc PubliC Wctfts
Dcpartmcnt.
f f you havc any qucstions call mc at479-2148'
a
"*H3"u[#,#Town Planncr
Tcni Partch. Public Works
TOWN OF VAIL
75 Soutlt Frontage Road
Vail, Colorado 8i,657
970-479-2 I 3 8/479-2 I 39
FAX 970-479-24s2
Deparunent of
ns)
Octobcr 30, 1996
Craig McCully
2704 Larkspur Couft
Vail. Colorado 81657
RE: Variancc application fol a garagc sctback at 2704 Larkspur Court/Lot 5, Block 3,
Vail Intcrmountain
Dcar Craig:
Thc Planning an{ Environmcntal Comrnission, at thcir Octobcr 2tt, 1996 mccting. approvcd your
rcqucst for a variancc to allow for a garagc addition at thc abovc rcfcrcnccd propctly' Thc
approval carricd with it thc following six conditions:
|. Prior to dcsign rcvicw of this pro.jcct, thc applicant shall providc, and havc approvcd by
thc Public Works Dcpartrncnt, a grading plan which fully dctails thc proposcd grading of
thc sitc (including rctaining rvnlls).
2. Thc applicant shall limit thc rcmoval of cxisting trccs to onc Aspcn trcc (as indicatcd on
thc sitc plan). Thc applicant shall mitigatc for thc rcmoval of this trcc with thc addition of
thrcc 2" calipcr Aspcn trccs (or 3 six foot tall Evcrgrccns), to bc plantcd along thc north
clcvation of thc garagc.
3. Thc cxisting floodlights shall bc modificd to comply with thc Zoning Codc rcquircmcnts
for lighting.
Thc drivcway shall bc pavcd.
Thc site shall be maintaincd in a ncat condition, frec of littcr and frcc of othcr itcms storcd
outsidc of the cxisting structure, such as trash cans. Thcse itcms shall be storcd within the
structurc.
Thc Town of Vail staff shall pcrform a walk-through inspcction of the structure to verifu
occupancy, prior to thc issuancc of a Building Pcrmit for thc garage addition.
A+.
5.
6.
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Plcasc rcvisc thc sitc plan, grading plan. and building clcvations in ordcr to comply with thc six
conditions of approval. Plcasc bc sure to providc final building clcvations with your submittal,
" i.ncJu$ing thc north, cast and south clevations of thc structure.
Thank you for your paticncc in thc proccss.
Ifyou havc any qucstions call mc at479-2148.
Sincercly,
DFN{/jr
IIEMORANDUM
Planning and Environmental Commission
Community Development Department
october 28, 1996
A requesl lor a setback variance for a garage addition, located aI2704
Larkspur GourULot 5, Block 3, Vail Intermountain.
Applicantr Craig McCullY
Planner: Dominic Mauriello
FILE r;r/|l1'
TO:
FROM:
DATE:
SUBJECT:
I. BACKGROUND AND DESCRIPTION OFTHE REOUEST
The applicant is requesting a side setback variance of approximately 65' to allow for a 8.5'side
setUadX in order to bonstrrict an attached 456 sq. ft., two-bar garage. This site is currently .
improveO with a duplex structure without a gar?gg. The existing structure was constructed in
1g71 and the area was under Eagle County'juriJdiction at that time. As constructed, the duplex
encroaches 3.7'into the required"lS' side deiback and therelore is a pre-existing nonconforming
itructure. The duplex is oriented on the lot in such a way that the garage addition encroaches
further into the side setback.
There is an existing unimproved driveway on the site which approaches the house in the same
area where the gaiage is'proposed. Oth-er constraints which exist on the site include many trees
to the south of tie pr-oposbO hOOition and an existing drainage or stream.. The site plan shows
one tree Oeing impictid by the addition. The site plan does not accurately show the total
number of trees located in this area.
The site is also nonconforming with respect to lighting and driveway paving. There are several
floodlights on the property which are noi tutty cutoff anC therelore do not complywith.the lighting
ordina-nce. fne Oiiveway is currently unpavbd and therefore must be paved if this addition is
constructed. The site is also littered witir trash, trash cans and other items stored outside of the
existing struclure wtrich are unsighily and are not in compliance with the Municipal Code.
ll.
Zonirp:
Use:
Lot SizE:
ZONING ANALYSIS
Primary/Secondary Rssidential
Duolex residencE
1 1,629 sq. ft.
o
Standard
Site Coverage:
Landscape area:
Setbacks:
Alloured Existino
2,325.8 sq. ft. (20o/.) 1,190 sq. ft. (107.)
6,977.4 sq. ft. (600/.) 8,963 sq. lt. (77v.1
Prooosed
1,646 sq. tl. f 4q"'t
nlc'
55
8.5' (north) & n/c (south)
nlc
6 spaces (2 enclosed)
Front: 20'Sldes: 15'Rear: 15'
78'
11.3'(noilh) & 22' (south)
25.5'
6 spaces (none enclosed)Parking:5 spaces required
.The propced garag3 is on fre exisrirg ddveway and therebre does not counl as odsling hndscape ar€€"
III. CR|TERNAND FINDINGS
Upon review of Section 18.62.060, Criteria and Findings, of the -Town of Vail Municipal Code' the
Cbmmunity Development Department recommends approval_of the requested side setback
variance. The recommendation for approval is based on the following factors:
A. Consideration ol Factors:
1. The relationship of the requested varlance to other exlsting or
potential uses and structures in the vicinity.
Manydup|exesinftisareawereconstructedwithoutgarages.Staff
betieves ihat providing garages is a benefit to the neighborhood by
removing cari and othel items from public view. The proposal is
compafiSb with the neighborhood and adjacent structures' Such
variances (for garages), where a physical hardship existsand there ale no
negative irirpadts to adiacent properties, have been historically approved
by the PEc.
Z. The degree to which reliet from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achleve
compatibility and uniformity of treatment among sites in ths vicinity or
to atiain thsobiectives of this title without grant ot special prlvllege.
Staff believes that the layout and orientation of the existing structure make
this site unique. The existing stream, vegetation, and tr99q located to the
south of the proposed addition constitute a physical hardship wananting
protection add ti,rerefore prevent tre addition from being moved to the'south. The applicant has proposed a modest two{ar garage of 456 sq'
ft., which sAfi believes to be the minimum necessary for adequate_access.
and use ofthe garage. staff believes the proposal is not a grant ol special
privilege due to the site constraints.
3. The effect of the requested variance on light and air, dlstribution of
population, transportation and traffic facilitaes, public facilitles and
utllities, and publlc safety.
Stafl believes that the requested variance will not negatively atfect these
issues.
B. The Planning and Environmental Commission shall make the following findings
before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege i'nconsiltent with the lim1ations on other properties classified in
the same district.
2. That the granting of the variance will not be detrimentalto the public
healtr, safety or welfare, or materially injurious to properties or
improvements in the vicinitY.
3. That the variance is warranted for one or more of the following reasons:
a. The strict literal interpretation or enlorcement of the specified
regulation would result in practical ditficulty or unnecessary
physical hardship inconsistent with the objectives of this title'
b. There are exceptions or extraordinary circumstances or conditions
applicable to thb same site of the variance that do not apply
generally to other properties in the same zone'
c. The strict interpretation or enforcement of the specilied regulation
would deprive ihe applicant of privileges enjoyed by the owners ol
other properties in the same district.
tv.STAFF RECOiIMENDATION
The Community Development Department staff recommends approval of the appligant's
side seback variance request subject to the following findings:
1. That the granting of the variance will not constitute a grant of special . .
privilege inconsiitent with the limitations on other properties classified in
the same district.
2. There are exceptions or extraordinary circumstiances or conditions
appticabte to this site that do not appiy generally to other properties in the
Primary/Secondary Residential zone-
g. The strict literal interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent witr the objectives of this title.
The recommendation for approval is also subject to the following condltions:
1. prior to design review ol this project, the applicant shall provide, qn$ have
approved oyine euotic works Dbpartment,a grading plan which.fully
dbiaits the iroposed grading of fre site (including retiaining walls).
Z. The applicant shall limit the removal of existing trees to one Aspen tree (as
inOicai6O on the site plan). The applicant shall mitigate for the removal of
this tee with the addition'of three'2" caliper Aspen fees (or 3 six foot tall
Evergreens), to be planted along the north elevation of the garage'
3. The existing floodlights shall be modilied to comply with the Zoning Code
requirements for lighting.
4. The drivewaY shallbe Paved.
S. The site shall be maintained in a neat condition, free of litter and free of
other items stored outside of the existing structure, such as trash cans'
These items shall be stored within he structure'
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October 8, 1996
Craig McCully
2704 Larkspur Court
Vail, Colorado 81657
RE: variance application for 2704 Larkspur ct.ilot 5, Block 3, Vail Intermountain
Dear Craig:
The community Development Departnent has reviewed your application fo: two setback
variances to allow for the construciion ofa garage addition and bedroom addition to your existing
duplex. I have compiled a list of comments wtriin must be addressed before the Planning and
Environmental commission hearing scheduled for october 28, 1996. I have also included issues
that must be a.ddressed as part of thi Design Review application which will be required if these
varianoes are approved.
1. The subject lot is zoned Primary/Secondary Residential. Th9 lot area is I1,629 sq' ft'
according to the recorded plat.
'The zoningcode only permits_one dwelling unit on lots in
this distict which have a iot area less than 15,000 sq. ft. This lot cunently contains two
dwelling units and is therefore a pre-existing nonconforming structure. Chapter 18'64,
which addresses nonconforming uses and structures, restricts enlargements to
nonconforming structures and therefore the proposed bedroom addition, which adds gfoss
residential floor area, is not pemritted. Howiver, if one ofthese existing units is deed
restricted for employee housing, then the structure would be considered a conforming
structure. Chapter i8.52, n-pioy"e Housing, allows an Employee Housing Unit (Type I
EHU) on lots of less than ts,00o sq. ft. This Type I EHU is a deed restricted unit which
must be rented to persons working full-ti.e within Eagle County. The Type I EHU must
not exceed 40Vo of the allowable GRFA (1,162'9 sq' ft' for this lot)'
Therefore, in order to proceed with the variance request for the bedroom addition you
must deed restrict one of the units on-site and the unit must not exceed 1,162'9 sq' ft'
Altematively, if you wish to proceed with the garage variangg o"lv at this time you may
proceed witlout the deed restriction. Please let me know which avenue you wish to
pursue.
Page I of2
2. No floor plans have been submitted of the existing floor area in-the house' Detailed floor
plans of tle existing floor area on all levels is required. Thi.sinfo-ryation is necessary as
part of the variancJapplication in order to determine if additional living area is allowed on
ihe property. ptease submit detailed floor plans by october 1'1. ,1996. These plans are not
.eqoi.ed if you eliminate the bedroom addition'
3. A site plan which shows the entire site and the proposed additions is required' Please
submit a plan that shows the proposed improvunents and their relationship to all propefty
lines at a scale ol1 "=20' or beffer. This plan must be submitted by October 17 , 1996'
4. You indicate that the lot area is 9,735 sq. ft. The recorded plat shows the lot area at
I1,629 sq. ft. and this is the figure we are using to determine GRFA allowances' Your
DRB submittal should include a recent survey with an accurate acreage figure as well as
topographic information in order to determine the grading a.sso_cia1{ with the proposed
additions and driveway grades. A grading plan will be required with the DRB submittal'
5. When doing a building addition the code requires that other noncolformities on the
property be brought irito compliance with code requirements. A site visit revealed
numerous items stored on the site. These items will need to be removed or placed within
the structure. This is considered an existing violation but will be handled in conjunction
with any approval that might be granted. The existing lighting fxtures on the exterior of
the stnrcture must also be upgraded to meet the requirements of the lighting regulations'
The floodlights which exist on the house will need to be shielded to be fully cutoff.
6. The driveway will need to be paved to access the gdrage. A driveway must have a
minimum width of 12' and must flare at the road edge to 16'. This driveway will need to
be delineated on plans for the DRB approval ifthis request is granted.
I have enclosed a DRB application which must be submitted and approved prior to applying for a
building permit. t have also enclosed a copy of a deed restriction for a Type I EHU for your
review.
If you have any questions, feel free to call me at 479'2148.
Sincerely,
Dominic F, Mauriello, AICP
Town Planner
Page2 of2
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a"*l Catl the Planning Staff at 479-2138
GENERAL INFORMATION
This application is for any project requiring approval by the Planning and
rff
information. see the submittal roquircme,nb for the particular approval that is requested-.
;.pA;1i1 all required information is submitted- Ttre project rnay also need to be reviewed by the Town Council
and/or thc Design Rwiew Bord
A. TYPEOFAPPLICATION:
tr Additional GRFA (250)
tr Bed and Brealdast
tr Conditional Use Perrnit
tr Major or E Minor Subdivision
tr Rezoning
tr Sign Variance
E Vriancc
tr Zoning Code Amendment
tr Amendment to an Approved Developmeat Plan
tr Employee Housing Unit (IYPo: )
tr Major or tr Minor CCI Exterior Alteration
(Vail Village)
tr Major or tr Minor CCII Exterior Alteration
(Lionshead)
tr Special Dwelopment Distsict
tr Major or E Minor Amendment to an SDD
F.
G.
B. DESCRIPTIONOFTHEREQUESI. nPPreCt /dl 2 Ve'./aA/<E ra ca^/'.rt'craN Eoz"nat"
fa TDr- aotESf S.OE Al .r'te EtB rr*te Sruurrrr.C /6- n bcorroatot, nvt tr'a +tlS
EA<r 1,.t' A Fae 4 6t,.tt9E.
C. LOCATIONOFPROPOSAL: LOT_,I'--BLOCKJ-FILING t/4; /,///rer t a4^art/r"
ADDRESSi 2 ?O4 lgrkslrt^ c T BUILDINGNAME:-
D. ZONING:
NAME OF OWNER(S\: C r" s './/
MAILINGADDRESS,: 2 ?2 4 B lAnksaut^ ef.
-
OV/NER(S) SIGNATIJRE(S):,z/z:4./
NAMEOFREPRESENTATM' D,4/E SklrlPEz - - *1,eu,/^2 /4t5ac;tt.7E3
/rq-frso,r.-t
l\ervurrt CO PO2 /o PHoNE:
FEE - SEE T,HE SI.JBMITTAL REQUIREMENTS FOR THE APPROPRTATE FEE.
SIJBMIT THIS APPLICATION, ALL SI]BMITTAL REQTNREMENTS AND THE T'EE TO TIIE
DEPARTMEI{T OF COMMI'NITY DEVELOPMENT. TS SOUTH FRONTAGE ROAD'
For Office Use Only:
FeePaid:- Cld:-By:
Application Date:- PEC Meeting Date:-
VAIL, COLORADO E165?.
Rsviid 686
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Craig W. McCully
2704 Larkspur Ct.
Vail, CO 81657
476-8860
This is a request for approval ofa variance to the existing setback requirements for the purpose of
constructing a bedroom addition to the west side of my existing duple4 and a garage addition to
the east side.
This building was constructed prior to the imposition of any setback requirements, and is actually
situated within current setback lines. The current setback regulations create a physical hardship in
that one cannot extend the building line to the east at all for purposes of any type of constructiorq
and to the west for only a limited distance.
The proposed garage would encroach into the north setback but would follow the building
foundation line to the east, and would be completely within the existing driveway dimensions. The
garage would be adjacent to the parking area ofthe next door prop€rty.
The bedroom addition would be outside ofthe existing setback requirement except for a small 3
foot 9 inch by 9 foot triangle at the northwest corner ofthe addition. The final l8 by 15 foot
dimension was chosen to provide the most practical compromise of form and function that
provides a viably useful room plus storage.
The enclosed photos demonstrate the relationship ofthe subject property to adjacent properties.
Particularly noteworthy is the closest property to the west, Lot 2. This property is visually
restricted &om the addition, especially the encroachment area. The structure on lot 4 terminates
at the midway point of the proposed new addition. The topography of my lot also tends to
provide further visual distance separation from adjacent properties, as is shown by these photos.
The degree ofreliefsought from strict enforcement ofregulations is the granting ofa variance for
a 3'9" X 9'triangle on the west side, and for a 5'X 24' segment within the existing driveway
confines on the east side. These additions would be in harmony with the land and other existing
sites in the vicinity. The covenants recorded for this property do not provide for any specific
setbacks, but do require adequate free space between structures to provide adequately for high
quality in property improvements. I believe that this request is in accord with that concept and is
not a request for a special prMlege that is inconsistent with the limitations placed upon the other
properties in this area.
GRFA
Land size - 9735 sq ft
Existing footprint -- 1280 sq ft.
Proposed room addition - 270 sq. ft.
New GRFA -- .1592
Thank you for your consideration.(4a4
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SCI|EDT'I,E A
Ooder lb. 31G07-Obliql I,*r. 136-00-t97633
Date of Folicy: Aprll 2, 1996
1. l{ane of Insrred:
CRATG W. TC['LLY
2- rte esta'E c interest in 1tE Lild r.*ridr is overed by ltre policy is:
FEE SIMPI...E
3. Title to lte esta'te c inEest in ftre Lsd Ls vested ln:
CRAIG VI. },CULLY
4. ltre Lmd refelred to tn tt\is policy is leted lrr tbe Stab ofOolcado, 6rDq/ of Eagle , std Ls described as follqls:
An urdivided 1/2 interest lll ard tot
LoE 5,
B10dr 3,
\AIL Ir.EERt'g.tIrTAIN DEVmLR4ENI gJprvISIChl,
emadturg to ttE PLat tlrereof filed sep@er 2, r9z!, tn Bod< z2l at,Page 546.
rlL / \ttYtlT,i':'t,...(, /,,J.^"--
Itris blicy ts inrl"altd unless tire over sleet ard ScHrne B are attached.. ALTA Ovren's Folicy GA-L7-92)
IA}II,ERS TITf.JE IT\ISTJRAIG GrcRATIOI,I
q,iNERrS FOIJCY
Insu:rre Lns.nt S 78,886.00
Premiun Atqrnt S 2.4O.0O
at 2:03 Ft'l
SHEXI.IT,E B
PART I
Crder No.
Fbliqa Nc.
31030? -o136-@-197633
1.
2.
3.
4.
rtris lnlicy des no't insEe qafuist loss c dilEge (and tlre OcrErary lrl.ll rrct pay
@sts, at&neltsr fees q elget.ses) strtdr arise by reascr b1z:
RiShts or c1aims of par:ties in possesslcr nct slDuin tDr tlE pnrbltc reryd.
EasqEnts, or claims of eassrents, nct shq^nr by t!€ pnrblic reoords.
DireparEies, gtfligts in borrdary llrEs, strEaEes in area, ernoaclrtEnits, 6r
arryr otler facts t^rhtdt a @a€ct s"trr/e!' lurld discle, ard whith ate rpt shrdn byp.:blic reoords.
Arry lien, or rigtrt to a lien, fc enries, labor q re@rial ttreretofreor lereafter furrdshed, tposea by n ard rpt stsdrr tD, ttE trdcffc rc@d.
Art1r ard aU r.r4raid tar€s, assessrents ard unredeened ta:: sales.
Rigftt of tl€ hoprietor of a Vein or Lode to exEact ard rgrcrre tris ore tle!€frcm,sts.tld tle sane be fc^rrd to perEfate e intersest tle prendses herehy go:arrted, asreenrcd llt llrdted States Patent reocrd.
Right of way fcr ditc]res or c€rna,Is qrst-r.gbed blr the authority'of tfie UrdbdStates, as reerved in ttrd-ted Stabs patent rewd.
ResFictians, r.itrich do rst qrtaln a fqfattrle qr r€rrefrer clanse, as qrtained lninstrurEnt :resded Ji.tly ?A, 1970, ln bd{ 218 at Page 28L, as anended ty insUnrrerlt
reoorded lbrcmber L7, L97O, in Bod< 219 at We l?p, ard Bod< ?26 at @e 378, ard
SegtarUer Z, 797J,, jrr Bod< 22L at page 545.
utirity eassrEnt alorg all interior lot lines as srnrdn qr the plat of said
Subdirrisisr said easenent beirg ftve feet ln widttr.
Drainage easeflEnt as shc&rn ql t]E pLat of said srrbdivisiqr.
Deed of lttrst frcrn carl A. Davis, Jr., Darlerp K. fE\ris ard eaig t'J. tmrrry to ue
Ptrbtj-c f:rustee of EagJ-e Cq.ntlz fe tlp ue of }4argaretten & Oqq)any, IrE., to srre
S1.06,000.@, dated Marclr 3, 1992, ard reomded /{pr"il 2, 1992, ih Boct< 576 at Fage
647.
Deed of llrrst frqn Oaig W. tircrlly to the Rrblic ttruslee of Eagle Oq.unw fq tle
use of hleststar Bank, to seqlre S80,000.00, dated I'4arch 29, 1996, ard re@rded April2, 1996, in Book 691 at pege 4L2.
ALTA Stardard Fo1icy, Uesbart Regim - Fsnr ltc. 14O2-C (re\r. 9/gZ)
IAhIYERS TITLE I}.ISURAIW MRPORATION
5.
6.
8.
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9.
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'r|l,{ FoRl.1 In5 - REV. 7 |
ALTA COMMITMENT .TI N"U.
Application No. CV' 'l :i{
'1. Eflectivep,,1... Jariudl",'12,'l "71 at P:f''! i'l .rl. PHONE: 476-2251 AC 303
2. Polic't or Policies to lx, issrrr.rl:
''AL'i'A" ()\\'NtiR's l'()l,l(lI F,rrrr I]- 196r $ 7" 'r'' ^rt;\
Propose<l Insrrrcrl:
Cfil.lL i\. iiAYIS. .lii. a.ncl i,r.lA!'. i,. i c{,ilLLY
"Al,TA" L()AN l{)l,l(l'\' t(X'l Iltir. (,\rrrcr',1,,r l',,.9\ .( ri'i t\"/!.'\ir
l'rorrose<l Ittstrrrrl:- . ...' "'r"" '" .' ""' " CULUi.lglir gAi; ll;r,g ir;": r l.{\nii ,iSSt}i: iitTltri,,r
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Fii^ r':ti n. t'4,Y
.1, Thc larxl reli,rrerl to in tlris (lortrr r t itrrrcnt is r'L'st'r'ilxrl us lirll,lrs:
LnT I nL0( l: 3. VLII IllTJl'"r11"'tn Il l'rtrrl r.p"r:|T S'il]i,lVJSI01l. acnorr{lno tn
thi) t'.corci'c' flat il,rrr of . rnur.:l' nf ian1l . lltatr rri io1('rad(..
SCHEDUTE B.I
The follorving arc thc reqrrirt'nrenls t,r bc complir'<l rr'ith prior to issurrncc o[ said policit's, ttnlcss otltcru'ise
notcd,T'All documt nls nrtrst ltc recordcd in llrc olfir:t of clcrl< iurtl rcr:order ol lltt' r'ottttttr irr rvltirrlt srrid Iropcrtt' I
is lo/atcd.
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VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION
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Thit rr lo rarlift rhrf on lho above dal. !n rmgrovarnaol lurvoy wat fta{lo hy nr, or undrr my tugrervition, of
lha rbovc <Josctited proorrl). &.d rl,.i lo lh6 r)€rl ol nry lnowledgc rn.J belbl, lhr rbovo plrl !c(ur!l!ly tapr}
t nlt tho i|nprov.rnanlr r.r iolit,r, t'. ti'a g. r,e.t' lincr or rl 'wn. 6nd thal tht, locelion rnd drnrntioot ol rll
-- n q:::-e- _\ {.r\ +- -!F\'irr'-rth S = tWrwt\]$i_-rr$.v7.1 , g-*-1*_ Fooln
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?AoPOSED EllClatct ll /4 E't"T
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OFTICE OT THE
COUNIY MANAGTR
(3Ol) 3:8.8605
IAGI.T COUNry BUII.DING
55I SROADWAY
P.O. 80X 850
EAG|,E. COt OS DO 8 | 63 |
rAX: (303) 318.7107
September 8, L994
Craig W. McCulley
D&M Enterprises
5350 South Roslyn Street, Ste. 150
Englewood, CO 807LL
Re: 2704 La*spur Court, VaifLot 5, BLock 3 VaiT Intermountain Subdjvision
Dear Mr. I[cCuJJy:
?hjs js in reply to your July 25 letter addressed to the Board of
County Cornrnissjoners.
RegrettabTy, the jncidents you talk about occurred about 14 yearsago. fn the ordinary course., the developet constructs t}te roadswithin a subdjrzjsion, which it dedicates to the county, and I am
aware of no reason why that would not have been the case here,
but we find no records which night ansner any of your questions
about the road's construction. fn the annexation process tlle
Town of vaiL obtained Larkspur Road, and f understand from yourfetter that it has sorne records about it. ft would have beenappropriate, so perhaps the County 's records were given to the
Tawn at tjre time of the annexation.
Without records. there is nothing I can say to enlighten you
beyond what you have learned in yout own tesearch.
re7y,
co
)
RWL/ew
wis, County l4anager
""--f, Development Plan Rou
I
ting Form
Approved Denied (cite detailed reasons) Approved with conditions
Greg Hall, Public Works
Terri Martinez, Public Works
Todd Oppenheimer, Public Works
Mike McGee. Fire
f,trDamZ6trfir
Dominic F. Mauriello, Community Development
McCully Variance - PEC hearing
2704 Larkspur Ct.
Lot 5, Blk. 3, Vail Intermountain
Garage addition and bedroom addition to existing homes. Requesting setback vari
due to configuration of home.
This is variance application. The applicant will have to submit a DRB application i
iect Description:
f;\wqyoleuortrhutrorn
I "o--fr Development Ptan Rou
a
ting Form
Routed To:Greg Hall, Public Works
Terri Martinez, Public Works
Todd Oppenheimer, Public Works
Mike McGee, Fire
Return To:Dominic F. Mauriello, Community Development
Date Routed:9126t96
Return By:t0/2t96
Project Name:McCully Variance - PEC hearing
Project Address:2704 Larkspur Ct.
Project Legal:Lot 5, Blk. 3, Vail Intermountain
Project Description:Garage addition and bedroom addition to existing homes. Requesting setback variances
due to configuration of home.
This is variance application. The applicant will have to submit a DRB application iI
annroved with detailed nlans.
Approved )O Denied (cite detailed reasons) Approved with conditions
(
d D. ileed
fr?rt.e hcltSs ' re4ltt'G'*+',tf,
Date reviewed:
I
ADJACENT PROPERTY OWITERS
LOT 6 BLOCK 3
VAIL INTERMOIJNTAIN
Rufus B. Sims, Jr.
1850 Ivanhoe Av.
Oxnard, CA 93030
LOT 4 BLOCK 3
Frank B. Day
l0l0 69th St.
Boulder, CO 80303
LOT 2 BLOCK 3 (originally)
Parcel l, Holladay and Bramble Townhouses
Steven A. Mayne and Patricia Ann Roche
2744 Basingdale Bl.
Vail, CO 81657
Parcel2. Holladay and Bramble Townhouses
K.E. Andy Anderson and Kimberly K. Anderson
27786 CarnargoDl
Golden, CO 80401
LOT I BLOCK 3
Atropos Housing Corp.
32 East 57th St.
16th Floor
New York, NY 10022
LOTSI&2BLOCKI
Bob Hernreich
2684 Larkspur Ct.
Vail. CO 81657
l.
2.
J.
4.
THIS ]TEM MAY AFFECT YOUR PROPERW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code ol the
Town of Vail on October 28, 1996, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for a setback variance for a bedroom addition and a garage addition, located at
. 2704 Larkspur Gourt/Lot 5, Block 3, Vail Iniermountain.
f-Applicant: Craig McGullyTPlanner: Dominic Mauriello
I
A request to amend Section 18.26.040 of the Vail Municipal Code to add "time-share eslate
units: lractional fee units and time share license units" ad a condilional use in Commercial Core
ll, located at 242 East Meadow Drive/Part of Tract C, Vail Village 1st Filing.
Applicant: Sonnenalp Properties, Inc, represented by Gordon PiercePlanner: George Ruther
A request for a common area variance and a site coverage variance to allow lor the conversion
of onb interior parking space to common area, located at 200 Vail Road/Part of Lots A, B and C,
Block 5C, Vail Village 1st Filing.
Applicant: Lodge Tower Gondominium Association, represented by Stan CopePlanner: Dominic Mauriello
A request for a conditional use permit for a proposed addition to the Vail Chapel, located at 19
Vail Road/Tracl J, Block 7, Vail Village 1st Filing.
Applicant: Vail Religious Foundation, represented by Ned GwathmeyPlanner: Dominic Mauriello
A request for a sign variance to allow for a freestanding sign lor a business in a multi-tenant
buifding, located at292E. Meadow Drive/Mountain Haus.
Applicant: Leslie and James GlendiningPlanner: Dirk Mason
A request for a sign variance to allow for a window sign greater than 25 feet above^grade.and to
allow 0,94 squarefeet of sign area beyond what is allowed, located at Crossroads Shopping
Center, 143 E. Meadow Drive/Lot R, Block 5D, Vail Village 1st.
Applicant: Linda FriedPlanner: Dirk Mason
A request for a minor amendment to SDD # 5 and a conditional use permit to allow lor the
addition of conference space, located at 1100 N. Frontage Road/SDD #5, Simba Run Building.
Applicant: Simba Run Condominium Assoc., represented by Lynn FritzlenPlanner: Dominic Mauriello
A request for a rezoning from General Use to Medium Density Multi-family, and-a request for the
esta6lishment of a Speiial Development District to allow for the davelopment of 18 EHU's,
located on an unplatied parcel on b portion of Parcel A and part of Block D, Lionsridge Filing # 1
Applicants: Eagle River Water and Sanitation District, the U.S. Forest Service and the Town
of VailPlanner; Andy Knudtsen
A request for an exterior addition to a master bedroom and bathroom and adding q 3( !opr'
utitizihg the 250 Ordinance, located at 8028 Potato Patch/Lot 4, Block 1, Vail Potato Patch.
Applicants: Padraic Deighan and Birgit ToomePianner: Dominic Mauriello
A discussion item regarding vehicle storage/transportation related businesses in Commercial
Zone Districts.
Planner: Dominic Mauriello
ililililil
The applications and information about the proposals are available for public inspection during
reguldroffice hours in the project planner's oflice located at the Town of VailGommunity
Development Department, 75 South Frontage Road.
Sign language intorpretation available upon r€quest with 24 hour notification. Please call 479-2114 voice or 479'2356
TDD for inlormalbn.
Community Development DePartmenl
Published October 1 1 . 1996 in the Vail Trail.
RelMax Metro Properties, lnc.
27048 Larkspur Ct.
Vail, CO 8'1657
97G47&8860
Fax: 97(H76-8494
September 16,1996
Mr, Dominic F. Mauriello
Dept. Of Community De,rrelopment
75 S. Frontage Road
Vail. CO 81657
RE: Variance for 27lA Larkspur Ct.
Dear Dominic:
Here are copies ofthe floor footprint, site plan, and garage elevation for a proposed addition to my Larkspur
Ct. Property. I am also enclosing photos and a plat of the property. I will provide additional photos to you in
a few days.
You have previousl... said to rne that staffwill support the garage portioq but is not favorable toward my
proposed 3'9" incurs.on ino the required setback. I would ask that you take another look at the proposed
west addition and rec<,rrsilr.r .your position.
The land upon which I prouos,: to build the west addition is isolated from the adjacent properties by a natural
banier. The neighbor !o the west is situated obliquely from my property and is at a luwer elevation than I am.
Further, the retaining r"i'll separating our properties has vision blocking vegetation. The structure on the
property next to me on lhe nlrth side stops at the end of my west mechanical roonr, and is separated from my
addition by an abrupt elevation change of several feet.
My point here is that the natural lay ofthis lot is such that the proposed addition fits the topography and the
lot boundary limits rvi .ho.rt adversely affecting either neighbor. Whether or not the addition would be built
with strict attention to setback requirements, or with the small encroachment, the results would not be readily
noticeable from any st rrounding property.
The covenants recorded for this property do not provide for any specific setbacks, but do require adequate
free space between structures to provide adequately for high quality in property improvements. I believe that
this request is in accord with that concept and is not a request for a special privilege that is inconsistent with
the limitations place..J upon the other properties in this area.
In a broad view, the c^-.istin ; structure on this property was designed and situated so that it could be modified
at some futue date, anr' ^ c nain in harmony with the land and other existing strucfures. There were no
setback requirements then. The design was based on its relationship to the land and adjacent properties. To
now enforce strict interpretation of the current setback regulations would create both a practical difficulty and
unnecessary physical hardl;hip with respect to the design and construction ofa room addition that would be
both functional and useJirl. .A gain, the proposed encroachment is only a 3.5 x 9-foot triangle. Not large
enough to cause visual notice, but sufficient to add necessary utility.
Aftcr our prcvious discussions. I have rcdraun thc room plans trvice to reducc the amount of the
cncroachmcnt bl,thc room addition. 81,not allo*ing thc snrall triangular corncr at the northrvest comcr of
thc room, they tvould grcatl I compromise thc functional rcasons lor this room. I hope that this information
rvill givc you somc basrs tc rcconsider your position, and enable you to support both thc garage and room
addition, as proposcd. My plans are to begin construction on the garage as soon as possible, beforc u'inter,
and to dcler the room addi.ion until latc spring. I will greatly appreciate an1' help that 1'ou can give me in
spccding up thc garagc ruork.
Enclosurc
)
TOWNOFVAIL
DEPARTi\lE\"TOFCOllllu^-*ITl'DElELOPMEI\-T
N^ME /..A.G ,/fr. C'*NA
^DDPf,;ss
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C']ECIi.S MADE ? YABLE TO TO\VN OF VAIL
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ACC{tIt TflO. rrEvt - ' {o :: r": TAX"":'-;' COc'rEA:';.- - To.JALj
0 oo00 4 540 ZONING AND N DDRESS MN IS S 5.UO
0 0000 424 r 5 UNIFORMI]UILM--$54.00
0 oo00 42415 UhII $J9.00
0 0000 42415 UN I FORM M I.]CHN NICA L CODF]s37.00
0 oo00 4241 5 LTNIFORM FIREEODE 5J 6.00
,oo00 42415 NATIONAL ELECTRICIT CODIl s I7.00
(,oo00 424 t5 OTI{ER CODI] I]OOKS
0 0000 4 548 I]LUE PRINTS (MYLN RS)$7.00
0 ooo0 42412 XI:ROX COPII:S s0.25
o woo 424t2 STUDII]S
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0 0000 42i71 .INSPECTIONS
0 0000 4 J)Z PLAN REVII:w Rlr-CIIticK I'l:l-; IS40 Pl;R IIR.
0 0000 42332 Ol'F ITOURS INSPIiCTION I.l:lis
0 oo00 4 4t2 C0NTRACTORS LICIjNSIjS FIilrs
0 0000 4 .+tJ SIGN NPPLICATION FI:I:s20.00
0 ooo0 4 413 AllDl I lONn L SIONAGI- Fl:li tS I .OO PER SO.FI
0 0000 42440 VTC ART PROJI:CT DONATION
0 0()00 4 .jil PRE PAID DI]SIGN RIJVIEW I]OARD FEE
0 0000 4237 |INVESTIGN TION IJHI; (tsUILDINC
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ooo0 45 I l0 TOV PARKING FUND
0 oooo 22027 I(,)V NL,WSPAPI:R DISPENSI:R FUND* 0l 0000 2l I 12 r^x^BrEreju.5m
" 0l 0000 4t 010 'r.AxAtsLE
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0 0()00 42371 IJ UI LDING INVIJSTIEATION
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0l 0000 4 i30 AIJDI I IONAL GRFA "250 s200.00
0 ooo0 4 t 1n CONDITIONAL USE PERMIT s200.00
0 oo00 4 330 EXTERIOR ALTERATION LLSS I ltAN 10,0 SQ.ll'.j s200.00
0 ooo0 4 3.i0 EXTER]OR ALTERl\TION MORE TIIAN IOO SO.FT.'I s500.00
0 0000 4 li0 SPECIN L DEVELOPIVIENT DISTRICT INEW s I,500.00
0 oo00 4 330 SPECIAL DEVELOPMENTDISTRICT IMAJOR AML,ND s I,000.00
0l oo00 4 330 SPECIAL DEVITLOPMI:NT DISTRICT I-MINOR AMEND 5200.00
0 oo00 4 330 SUBDIVISION
VARIANCIl 5250.00 Z<-o
0 0000 4 330 ZONING CODII AMIINDMIjNI'S s250.00
0 fi)00 4 I _10 Rl1 - ZONING s200.00
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Dominic Mauriello suggested an additional recommendation be attached for the DRB'
Dominic Mauriello stated that this application met the criteria lor a minor SDD amendment.
Greg Moffet asked the applicant if he would like to table this?
Mike Schult said he could convert the parking and also present additional drawings. He stated
that it would not be acceptable to havd acceis inside th'e garage as the primary entrance for the
handicapped.
Galen Aasland suggested tabling this. He would also like to have the applicant show the
minimum requirements for the disabled parking.
Greg Amsden asked the Commission if they all favored the elevations, 180" of what is
proposed?
. Greg Moflet said the skylight should angle away.
Henry pratt advised the applicant that the Commission was not looking for additional visual aids,
iust a change in the design.
Mike Schult said the purpose of the design was lo take advanlage of the south light.
Galen Aasland suggested switching the bulk and mass, so that the slope is towards the south.
Galen then made a motion to table this request until the next meeting.
Diane Golden seconded the motion.
It passed unanimously by a vote of 6-0.
S. A request tor a s€tback variance for a garage addition, located at2704 Larkspur
Court/Lot 5, Block 3, Vail Intermountain.
Applicant: Craig McCullyPlanner: Dominic Mauriello
Dominic Mauriello gave an overview of the request. He stated that staff was recommending
approval with five cbnditions. The site showed only 1 tree being impacted. The site plan didn't
shbw otner tees and vegetation being impacted. Dominic pointed out that the site was littered
with debris and was not in conformanle with the Municipal Code at this time. Dominic said that
staff believed that providing a garage would be a benefit to the neighborhood and that there was
also a physical hardship.
Greg Moffet asked if the applicant had anything to add.
Craig McCully was in agreement with staff's suggestions. He explained that he had just taken
over the property from the previous owner and has taken steps to clean it up'
Galen Aasland said this was a hardship. He would like the Town staff to walk through the
building to check for zoning compliance.
Planning and Environmental Commission
Minutes
October 28, 1996
lo Oj
Diane Golden asked if there would be 4 parking spaces?
Dominic Mauriello stated that there would be 6 parking spaces'
Diane Golden said that would helP.
Henry pratt stated that he had no problem with this request. He thought the garage should be
moved more to the south in order to request less of a variance.
Gene Uselton asked if the driveway was paved, did the applicant intend to pave the parking
spaces?
Craig Mc0ully stated that the 4 spaces would be gravel.
Dominic Mauriello stated that if additional parking was proposed, then it would have to be paved.
Greg Amsden said he has seen a minimum of 7-8 cars parked there everyday. He asked the
applicant how many dwelling units were there?
Craig Mcoully said there were two units. He has limited lhe cars to a s-car maximum and has
told ihe tenants to make other arrangements for the additional cars.
Greg Amsden stated that there were rules restricting retaining wall heights.
Craig McCully said he would cut into the driveway in order to keep the new improvements below
the window level.
Greg Amsden said the retaining walls along the driveway might be too high. Greg agreed wilh
the Commissioners to move the garage to the south to minimize the encroachment.
Craig McCully said it needed to follow the lines of the existing driveway.
Greg Amsden stated that it seemed to be feasible to move the garage.
Craig McCully stated that if the garage were moved, one bedroom would lose a window. This
would compromise it quite a bit.
Greg Amsden asked if there would be enough room in the garage to put the trash cans in the
garage.
Greg Molfet said given the drainage and mature vegetation, he had no problem with this
appilcation having a hardship. Greg stated that he had no problem with granting this variance.
He atso stated that he didn't want to move the garage and eliminate the bedroom window.
Galen Aasland made a motion for approval in accordance with the staff memo and the 5
conditions in the staff memo and additionally, that the Town stafl do a walk-through to verify the
dwelling unit count and zoning compliance, prior to a building permit being issued for the garage.
Gene Uselton seconded the motion'
It passed unanimously by a vote ol 6-0.
Planning and Environmental Cornrnission
Minules
october 28. 1996 6