HomeMy WebLinkAboutVAIL POTATO PATCH BLOCK 2 LOT 3 LEGALcmtt,ltrY cEtrEltrtf}{l
Deeign Revlew Soard
ACTIOI| FORl.l
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 te;x,:979.479.?452
web: www.vailgov.com
Project Name: CERISOLA DRIVEWAY
Proiect Description:
Partacipants:
Project Address:
754 POTATO PATCH DR
legal Description:
Parcel Number:
Comments:
OWNER PINETREE HOLDINGS LLC
805 POTATO PATCH DR
VAIL
co 81657
APPUCANT SNOWDON AND HOPKINS, ARCHIE08/21|2007 Phone: 970-476-220L
PO BOX 33,10
VAIL
co 81658
License: C000001763
ARCHffiCT SNOWDON AND HOPKINS, ARCHffi0S/21I2007 Phone: 970-476-220r
PO BOX 3340
VAIL
co 816s8
License: C000001763
754 POTATO PATCH DR VAIL
DRB Number: DR8070429
FINAL APPROVAL TO REPLACE ASPHALT DRIVEWAY WITH HEATED PAVERS
08/2112007
Location:
.U^l[ ?rt* ?a+c\
Lot 3 Block: 2 suuivisionfinirle roWlrHousEs IV)
2101-063-0201-9
See conditions
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Actaon: STAFFAPR
Date of Approval= O910512007
Cond:8
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
C,ond:0
(P|-AN): DRB approval does not constitute a permit for building, Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond:202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and @nstruction is commenced
and is diligendy pursued toward ompletion.
Planner: Warren Campbell DRB Fee Paid: $20.00
16 O€ lJ? 11:13a Lic Cer-isola 565AA 135 P.1
Minor Ecterior Alterations
Application for Design Rewiew
Department ot Communlty De\reloprnent
75 South Frontage Road, Vall, Colorado 81657
td: 97O.479.2L28 f axt 970'479.2452
web: www'\rallgov.com
Gieneral Intrormalion 3
All projEcts requtrlng destgn revt€w must recelve approval prior to submJtung a building perrnlt appllcation' _Please
refeir O tfre strbrnitrat rcquirements for the pardculr apprn -al that is rcquested- An applkEuon for Deslgn Flevie!.,
cdmot be acept€d unt[ all ]EqulrEd tnformatlcn is rer€h/€d by the Corrrnunlty Dettdoprn€nt Departrnent. The
pmjert may atsb need to be nerrlerr{d t'y the Torvn Courrcll and,/or the Planning and Eflviroffnental Comtnlssion.
beebn reidcw aFprgtral lapses unlese a buildlng pcrrrft is irEucd and corsttucdon Gom]fFn€ wlt'|ltr
one y6r ot Ure EpDroval.
Locauonof rfi€p.rpo6a.= tj)t:.4 Btod<t 4 suwr*"nnrPaTATDffif^+ w,
Physlcrl Addies.:
Pat!€l ilo. !4-talD be.(Contact co, Ass€ssor at 9ZF32a-854O for parcel no.)
zofiing:
Nam€(3) of Owner(3):
l'alllng Addresc:
PhonG!
Ourncr(s) slgnll r€(a
ane of ADpllcaot:
cl
6
%
oE9\
-(t
ffars
Ttpe of R3vl€tir rnd Fee:
E Slgns
E C.onceptual Review
El Nev', ConstructiorlE Addluon
f,3 Mlnor Alteratbn
(mdtFf.mllyl@tnnErcial )
fr mtnor alerabn
' (slngfefarrdly/dupl€D()
tl Changes tD AFpro\rEd Plans
$5O Plus :i1,OO per square foot of total ggn area.
No Fee
$650 For constructio.r of a new builcltng or demo,/retuild.
$3OO For an addluon where square footag€ ls aclded to any r€siderrtr:al or
ommer(lal bullcling (lnducles 25o addltlons & interior @nversions),
$25O For mlnor drrnges to brjildlngs and site impravernents, sr.rch as,
re-rooting, paht|ng, wlndow additions, landscaFing, fences and
r€b|nlng walls, €tc.
$2O For ltlnor ctrang€s to buildhgs and dte amprovements, srEh as,
r€-rootlng. pdnung, window addiuons, landsc?dno fcnces and
r€tainlng walls, &.
$2O For revlslons to plans alr€ady approved qf Pbnning S'taft or the
DeCAn Review Board-
MaElng Addr€3c:
**f,******t*****l*******************t******a******t***+*********************'l***'l***t****,1'*+*
TOWNOFVAIL, COLORADO Statement
Statement Number: R070001619 Anount: S20.00 08/2L/2OO708:52 A}r!
Palment Method: Check Init: iIS
Notation: 824ISNOI|DON
AND HOPKINS
Permit No: DRBO7O429 Type: DRB -Minor A1t, SFR/DUP
Parcel No: 2101- 05 3 - 02 01- 9
SiIe Addrese: 754 POTATO PATCH DR \IAIIJ
Location: 754 POTATO PATCH DR
Total Fees: $20.00
This Payment: $20.00 Tota1 ALL Pnts: $20.00
Balance: $0.00
ACCOIJNT ITEM LIST:
Account Code Des cript ion
DR OO].OOOO3LT22OO DESIGN REV]EW FEES
Current Pmts
20. 00
SONNENBLICK GOLDMAN PAGE 82/42. 68/2A12887 L5:42 2t22624224
rufiil\,m
t\
I. (print name; ll n c[ r ' ow 0l i v cr
JOINT FR,OPERryOV"NER
WRXTTEN APFROVAL LETTER
a jolnt owner of properw locaH at (addres5/legal
description) ? 5b Pcla-F 0".Fsa. Dri-r1.. Vai I , Co t 16 f 7
been submitted to th€ Town of Vail Community Development Department frJr the prcposd tmpru!€menB
to be compleEd at the address noted abo'/e. I understand that tfie proposed
provide thls leter as writErr approval of the plans dated which have
I further under#nd that minor modififdtions may be made to the plans over Sre course of the revlew
prace$s to ensure complianoe with the Tovynt applieble codes and reEulations,
,l/ ,]6[*
(Signature)
*lz'l ct
(Date)
Page 2 of r40il281w
.98/.20/,2007 MON r7! 07 FAx 9709254106
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Mon, Aug 20,2OO7 4:39 PM
Subject: RE: Cerisola / Alpine Townhomes lV' , Vail/Potato Patch,
Date: Tuesday, June 12, 2O07 7:59 AM
From: Bogert, Kathryn Kit <Kathryn.Bogert@XCELENERGY.COM>
To: Pam Hopkins <phopkins@vail.net>
Conversation: Cerisola / Alpine Townhomes lV , Vail/Potato Patch,
According to the Town of Vail Address Map, this address should be Lot 3. lf that is the case, there is
a 2" steel main in the easement running west to north on that property. lf I can be of further
assistance, please let me know. Kit
----Original Message----
From: Pam Hopkins [mailto:phopkins@vail.net]
Sent: Thursday, June 07,2007 4247 PM
To: Bogeft, Kathryn Kit
Subject: Cerisola / Alpine Townhomes lV , Vail/Potato Patch,
Hello,
I am an architect with Snowdon and Hopkins Architects. I am hoping to find
that there are no utilities in the easement from the north property line going
diagonally to the west shown on the attached ILC. I am not referring to the
easement along the east and south property lines.
We would like to build a new stair to replace the existing stairway that spans
over the drainage and utility easement and lands at a foundation in the
easement.
The property address is 754 Potato Patch Drive. The west unit is my client.
If you could reply via email or have a TOV form and would fax it to
970 476 749t I would appreciate it.
Thank you for your help.
Please call with any questions,
Pam
Pamela W. Hopkins, AIA
Snowdon and Hopkins Architects, PC
PO Box 3340
Vail, CO 81658
970.476.220r
970,476.7491 fax
Pa m @Snowdon Hopkins.com
2lruflt
,lniur,a /t7?rc/'/
tfuuiq Ttfill
Page I of 2
cRqss
3799 HTGHWAY 82 ' PO. BOX 2150
CLENWOOD 5PRINGS, COLORADO 81602
{970) 94s-s491 . FAX (970) 945-4081
June I8, 2007
Ms. Pamela W. Hopkins
Snowdon & Hopkins Architects, PC.
PO Box 3340
Vail, CO 81658
Re: Variance to Encroach into Easement at 754 Potato Patch Drive
Dear Ms. Hopkins:
Holy Cross Energy has reviewed your request for a variance to encroach into our utility
easement from the north property line going diagonally to the west. At this time Holy Cross
Energy does not have any utilities located at this location and will allow you to construct a new
stairway to replace the existing one.
We will maintain our rights to the utility easernent.
Please contact UNCC at l -800-922-l 987 for line locates before any digging is undertaken.
Sincerely,
HOLY CROSS ENERCY
&,. &u\on
Bob Ballinger,
Engineering Department
bballin ger@holvcross.com
(97O) 947-541s
BB:vw
tallingcr\Hopkihs
+toL
BOB BALLINGER
ENGINEERING DEPARTMENT
DTRECT (970) 947-s41s
ENERGY
HIGHWAY 82 . PO DRAWER 2150
SPRINGS, COLORADO 81602
945-s491. FAX (970) 945-4081
e[,talnt rlw)tt lor!ry
FilTI
A Touchstone Energy" Cooperatirre (i'
e-mail: bballinger@holycross.com
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SNOIIDON AND f,OPSINS AR6H
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Design Review Board
ACTIOI{ FORlrl
Department of Community Development
75 South F.ontage Road, Vail, Colorado 81657
tef : 970.479.2139 taxi 978.479.2432
web: www.vailgov.com
Proiect Name: Cerisola - repaint
Project Description:
Participants:
Project Address:
Legal Description:
Parcel Number:
C,omments;
DRB Number: DR8070281
Final review of a minor alteration - repainting stucco and trim colors.
0612512007
Locationr WEST UNIT
Lot 3 Block 2 Subdivision: ALPINE TOWNHOUSES IV
2101-063-0201-9
See Conditions
OWNER PEDRO CERISOI.A
754 POTATO PATCH DRIVE
VAIL
co 81657
APPUCANT SNOWDON AND HOPKINS, ARCHffi0S/25I2007 Phone: 970-476-220r
PO BOX 33,t0
VAIL
co 81658
License: C000001763
ARCHITECT SNOWDON AND HOPKINS, ARCHITE0S/25/2007 Phone : 970-476-220L
PO BOX 33,{0
VAIL
co 816s8
License: C000001763
754 POTATO PATCH DR VAIL
Motion By!
Second By:
Vote:
C,ondiUons:
BOARD/STAFF ACTION
ACtiON: STAFFAPR
Date of Approvalt 07 I L8l20O7
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s),
Cond: 0
(PI-AN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities,
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Warren Campbell DRB Fee Paid: $20.00
Minor Exterior Alterations-''"-:.-\ Application for Design Review6rt}
l1-\\ t ,/.1 Department of community Development
---.- -!:r:----. -: it 75 South Frontage Road, Vail, colorado 81657
T0l{N0f yAlt"/ ta,gzo.qzglzul.*t"?11fl, *',
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittll requirements for the particulbi approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
beiign review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
v
Na
).ts
Psa
Location of the Proposa tz tot: 4 alo*.: L suoaivision: F14(o FkTl4
Physical Address:
Zoning:
Name(s) of Owner(s):
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions)'
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additionq landscaping. fences and
retaining wallt etc.
$20 For minor changes to buildings and site improvements, such as.
re-robfing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
Type of Review and Fee:
tr Signs
E Conceptual Review
E New Constructiontr Addition
E Minor Alteration
( multifamily/commercial)
F, Minor Alteration' (singlefamily/duplex)
E Changes to Approved Plans
tl Separation Request
(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
ent By: PEDHo#CEHI-s_0!5
I, (prlnt neme
Jun-19-07
AND SOPKINS ANCE
s704769260;3: 36PM;Page
E! ooz
1t1
JOI||T
WRITTETI
&p-w+a Joint owner of propfiy hcatxl at (addresdlesrl
desalplon)75q U ft74 zA-
prwlde $ts hthr as wrlthn approval trtlrc planr whljr have
been s{&rritted to the Toan dVall Cammunlty
b be mnphd at the addrcss noted above. I
DcperEncnt for the proposcd Fnpgorrcnrenb
thatthe prysed lmpqvennnB loctude:
I futtfier understand that mlnor rnodificatJons m.y be to the pfens orler the cou|Ee of the r€lricw
mdes and regulauons,
(D|ts)
Page 2 of 13/06/05los
JtjN,'23.2007 6:47AM
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TOWNOFVAIL, COLORADO Stat€noent
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Statenent Nunber: R070001090 Arnount: $20.00 06/25/200702:37 PM
Palment Method: Check Init: L,TNotation: snolvdon &
Hopkine / ck 81L
Permit. No: DRB0?0281 T!pe: DRB-Minor Alts,SER/DUP
Parce1 No: 2101- 063 - 02 01- 9
SLte Address: 754 PO|rAI',O PATCII DR VAIIJLocation: WEST ITNIT
Total Feea: S20.00
ThiB Payment: $20.00 Total ALrr Pmta: $20.00Balance: $0.00*+affffll'l'******{r**rr***flff+++++tt*a*+ff+f***++++*+tt***++++**|}'}ffff*f*+**+******a*lt**'afffa
ACCOTJNTITEM LIST:
Account Code Description CurrenE Pmta
DR OO1OOOO3I]-22OO DESIGN REVITEI{ FEES 20.00
T-T*-r I
Fi(F.-
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t.il
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rr'SiGN REVIEW
g;TAFF APPROVAL
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Design Review Board
ACTION FORM
Departrnent of Community Development
75 South Frontage Road, Vail, Colorado 81557
tel: 970.479.213I) fax: 970.479.2452
web: www.ci.vail.co,us
Project Name: Purchase Residence DRB Number: DR8020272
Project Description:
Paving stones added to landscaping
Participants:
OWNER PURCHASE, LARAJ. &JOHN L,08/19/2002 Phone:
754 E POTATO PATCH DR
VAIL CO
81657
License:
APPUCANT PURCHASE, LARA J. & JOHN L. 0811912002 Phone: 476-3646
754 E POTATO PATCH DR
VAIL CO
81657
License:
ProjectAddress: 754 POTATO PATCH DRVAIL Location:
Legal Description: Lot: 3 Block: 2 Subdivision: ALPINE TOWNHOUSES tV
Parcel Number: 210106302018
Comments:
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:Vote: Date of Approval= 1010312002
Conditions:
@nd: B
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: CON0005509
Public Way permit req'd. Please call Leonard Sandoval at 479-2198 for info.
Cond: CON0005610
PARKING IS NOT ALLOWED IN THIS AREA. TOV MAY ISSUE TICKETS IF PARKING OCCURS IN THIS
AREA
Planner: Allison Ochs DRB Fee Paid: $20.00
,*ffi
S,€t
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.179.2L39 lax" 970.179.2152
web: www.ci.vail,co,us
General Information:
All projects requiring design revie\ / must receive approval prior b submiEing a building permit application. Please
refer to the submittal requirements for the particular appoval that is requested, An application for Design Rwiar
cannot be accepted until all required information is received by the Community Development Department' The
proJect may also need to be reviewed by the Town Cruncil and/or the Planning and Environmental Commission.
Design review approvat lapses untess a building permit ls issued and construction oommences within
one year of the apprcval.
Description of the Request:?er|- OtSc Ss TJ I/T Epx
pAViNtr Slor{Es ,vtISt a./NKrrlQ
Location ofthe Proposal: Lot:3 Bbck 2
physicarAddress: 1S+ E lor*to ?nlcu Datv-e
,\ Parcel No.:2 t 0 | Q b'3 o Z 0 | t (contact Eagle co. Assessor at 970-328-8640 for parcel no.)
Name(s) of Owner(s):k v*rLA
\Owner(s) Signature(s):
Name of Applicant:J ot/?ut. C 4 ht
Mailing Address:
E-mail Address:
Plus $1.00 per square foot of total sign area.
For construdion of a new building or demo/rebuild.
For an addition where Euare footage is added to any residenfal or
commercial building (indudes 250 additions & interior conversions)'
For minor dranges to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
For minor changes to buildings and site improvements, such as,
rerooftng, painting, window additions, landscaping, funces and
retaining walls, etc.
For revisions to plans already approved by Planning Staff or the
Design Revlew Board.
Type of Review and Fee:tr Signs
C Conceptual Review
D New Consbuctiontr Addition
Minor Alteration
(multi-family/commercial)
Minor Alteration
(sing le-family/duplex)
Changes to Approved Plans
Separation Request
tr
nn
tr
tr
$s0
No Fee
$6s0
$300
$2s0
$20
No Fee
Mailing Address:
$20
T0l4,,m
JOINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
I, (print name) L i z F-n re ru S t^, o Br* , a joint owner 9f property tocated at (addressilegal
description) rs-+ tO f"t$* Fab0=
provide this letter as writren approval of the ptans dated z1+o t ln which have
been submitted to the Town of Vail Community Development Deparfrnent for the proposed improvements
to be completed at the address noted above. I understand that the proposed improvements include:
<€t PrNuvtr S'lov6 OL(75t0( /fuoN7 €N-/ft4i,/Ce, utlyl
coNcr<tie p*rt uNKt^t(, lo uETluaoure\ g,4sOrrvG fttM (+')
-fMiLta/Cr Ao 3'frK LeNGT,/ of- f4'tvh
I further understand that minor modifications may be made to the plans over the course of the reyiew
process to ensure compliance with the Town! applicable codes and regulations.
Page 2 of L2l02l07l02
TOI4'NM
--tr Stamped topographic survey*, if applicable( t ,Site and Grading Plan, if applicable* i/
F Uandscape Plan, if applicable*( goiPnotos or drawings which clearly convey existing conditions*
(_o-, Photos or drawings which clearly convey the proposed building
MINOR EXTERIOR ALTERATIONS
TO BUILDINGS AND SITE IMPROVEMENTS
SUBMITTAL REQUIREMENTS
General Information:
This application is required for proposals involving minor exterior alterations and/or site improvements.
Proposals to add landscaping do not require DRB approval unless they involve the addition of patios,
water features, grading, or the addition of retaining walls.
I. SUBMITTAL REOUIREMENTS
or site alteration(s)* v/o Exterior color and material samples and speciflcaUons.
q--Lighting Plan* and Cut-sheet(s) for proposed fixtures, if amliceble-
6 Wiitten approval from a condbminium association ofioint'ownei; it-applicable /
\-/The Administrator and/or DRB may require the sDbmissian-oP-additional plans, drawings,
specifications, samples and other materials (including a model) if deemed necessary to
determine whether a project will comply with Design Guidelines or if the intent of the
proposal is not clearly indicated.
Please submil three (3) copies of the materials noted wilh an asterisk (*).
Topographic survey:o Wet stamp and signature of a licensed surveyoro Date of surveyD North arrow and graphic bar scaleo Scale of 1"=10'or !"=20")o Legal description and physical addressD Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater
than 40olo, and floodplain)o 'fies to existing benchmark, either USGS landmark or sewer inveft. This information must be
clearly stated on the surveyo Property boundaries to the nearest hundredth (.01) ofa foot accuracy. Distances and
bearings and a basis of bearing must be shown. Show existing pins or monuments found
and their relauonship to the established corner.I Show right of way and property lines; including bearings, distances and curve information.a Indicate all easements identified on the subdivision plat and recorded against the property as
indicated in the title report. List any easement restrictions.tr Spot Elevations at the edge of asphalt, along the street frontage of the propefi at twenty-
five foot intervals (25'), and a minimum of one spot elevations on either side of the lot.o Topographic conditions at two foot contour intervalso Existing trees or groups of trees having trunks with diameters of 4" or more, as measured
from a point one foot above grade.' tr Rock outcroppings and other significant natural features (large boulders, intermittent
streams, etc.),o All existing improvements (including foundation walls, roof overhangs, building overhangs,
etc.).o Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)
Page 3 of L2lOaO7rc2
r Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition
to the required stream or creak setback)
o Show all utility meter locations, including any pedestals on site or in the right-of-way
adjacent to the site. Exact location of existing uUlity sources and proposed service lines from
their source to the structure. Utilities to include:
Cable W Sewer GasTelephone Water Electric
o Size and type of drainage culvefts, swales, etc.o Adjacent roadways labeled and edge ofasphaltfor both sides ofthe roadway shown for a
minimum of 250' in either direction from property.
Site and Grading Plan:o Scale of L"=20'or largero Property and setback lineso Existing and proposed easementso Existing and proposed grades
o Existing and proposed layout of buildings and other structures including deck, patios, fences
and walls. Indicate the foundation with a dashed line and the roof edge with a solid line.o All proposed roof ridge lines with proposed ridge elevations, Indicate existing and proposed
grades shown underneath all roof lines. This will be used to calculate building height.
o Proposed driveways, including percent slope and spot elevations at the property line, garage
slab and as necessary along the centerline of the driveway to accurately reflect grade,
D A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in
an uphill direction.tr Locations of all utilities including existing sources and proposed service lines from sources to
the structures.
o Proposed surface drainage on and off-site.
o Location of landscaped areas,
o Location of limits of disturbance fencing
o Location of all required parking spaceso Snow storage areas.
o Proposed dumpster location and detail of dumpster enclosure.o Retaining walls with proposed elevations at top and bottom of walls. A detailed cross-section
and elevation drawings shall be provided on the plan or separate sheet. Stamped
engineering drawings are required for walls between 4' and 6'feet in height.
tr Delineate areas to be phased and appropriate timing, if applicable
Landscape Plan:o Scale of 1" = 20'or larger
o Landscape plan must be drawn at the same scale as the site plan,
o Location of existing trees, 4" diameter or larger. Indicate trees to remain, to be relocated
(including new location), and to be removed. Large stands of trees may be shown (as
bubble) if the strand is not being affected by the proposed improvements and grading.
o Indicate all existing ground cover and shrubs.
o Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers,
gallon size for shrubs and height for foundation shrubs) of all the existing and proposed plant
material including ground cover,o Delineate critical root zones for existing trees in close proximity to site grading and
construction.o Indicate the location of all proposed plantings.
o The location and type of existing and proposed watering systems to be employed in caring
for plant material following its installation.
Page 4 of Lzl02l07l02
o Existing and proposed contour lines. Retaining walls shall be included with the top of wall
and the bottom of wall elevations noted.
Lighting Plan:o Indicate type, location and number of fixtures.o Include height above grade, lumens output, luminous areao Attach a cut sheet for each proposed fixture.
II. REPAINT PROPOSAI-S
For all proposals to repaint existing buildings, the following supplemental information is required:
o Color chip or color sample including the manufacturer name and color number(s)o Architectural elevation drawings which clearly indicate the location of proposed colors (ie.
siding, stucco, window trim, doors, fascia, soffits, etc,) The following is an example:
Page 5 of L2l0Zl07l02
PROPOSED IIATERIAIS
TVoe of MibrialBuildino Materials
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
Color
Notesi uw"t*_q
Please speciff the manufacturer's name, the color name and nunSb
Page 6 of r2lO2lO7lO2
(j-^Wi!- [n/v-
r and attach a color chip. V
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TOWNOFVAIL, COLOMDO Statem€nt
{'***********la'tlr***a***{'{"}r*++*+f+ttt++++it*****ta+*'}'}'}*{'*'}'}'tt**a*+'i***r*tt***l*******+****+ i
Statement Number: R000002905 Anount: $20.00 OS/L9/2OO2O4:23 PM
Palment Method: Check rnit,: iIAR
Notation: 603Purchase
Permit No: DF-8020272 Tlpe: DRB-Minor AIt,SFR/DUP
Parcel No: 210106302018
Sit.e Addresa: 754 POTATO PATCI{ DR VAII'
Location:
ThiB Pa)ment: $20.00
****t **** * * t**t** * *
ACCOUNT ITEM LIST:
Account Code Descri pti on
DR OO1OOOO31122OO DESIGN REVIEW FEES
Total FeeE: S20.00
Total ALL Pmts: $20.00Balance: $0,00
+ *+ l+ | * + ftl' f a' +*t*** *t+ * * * l+ *'if f** ***l***++***** ** ******
Current Pmts
20.00
Re: Potato Patch Easement Question
',r! \ O
scot Hunn - Re: Potato Patch Easement Question
Page 1 of L
From: Pam HopkinsTo: Scot HunnDate: 05/24/2007 12:05 PMsubject: Re: Potato Patch Easement Question
Thanks Scot,
I will get back to you if we find another solution. This was a big help.
Pam
Pamela W. Hopkins, AIA
Snowdon and Hopkins Architects. PC
PO Box 3340
Vail, CO 81658
970.476.220t
97O.476.749I fax
Pam@Snowdon Hopkins,com
BUt[ Q|l-r€ncN\
On 5/24/07 7:29 AM, "Scot Hunn" <SHunn@vailgov,com> wrote:
Pam,
Here is the email from George Chalberg, Public Works.
Let me know if you want to explore any other solutions that may be a win-win for your client and
the Town.
Scot
Scot Hunn, AICP
Senior Planner
Town of Vail
(97O) 477-3551 Office
(97O) 479-2452
shu n n@vailgov.com
file://c:\oocuments and settings\Administrator\local Se. .. 06/0L/2007
From:
To:
Dab:
SubJect:
Scot
I dont think there should be a problem as long 6 ther€ ls nothing struchrral put in to the easement. We will abo need a
Revocabte ROW permit wlth a speclal condltion fllhd out (provided by me), We wlll need to see that the uulity co. are ok
with the stairs.
Hope this is what you were looklng for. If not give a call 3507
Thanks
George
>>> Scot Hunn 0512312007 4:22 PM >>>
George,
I have an applicant who is proposlng b r€place and add on to an e sung set of e,ytedor stairs rlat cunently encroach into a platEd
20' "Drainage and t tility Easement" on tot 3, Block 2, Potato Patch SubdMsion - 754 Potato Patdr Drive. Cunenuy, the bottom of
the stairs are sihraH on sorne sort of landlng wtthln the e6ement, but I doubt there are arry footers or other sbucture.
wondering if pu have any Infio on "as-bullb' or statlrs of the €sement..I'm about ready b tell the Applicant that as loIE as they
can get slgn offs from t Ulity Co.t and get us a DRB appl., tll€!/re good b 9o, Wanen adised that I dreck with niy first to see if
there are any reasons rvhy the Tofln uDuld not want fur$pr errcroadrrnent Into he eement with rmre 'permanentn sbucture.
Thanks,
S@t Hunn, AICP
S€nior Planner
To n of Vail
(970) 477-3551 Otre
(97O) 479-24s2
shunn@vailoov.com
George Chalberg
Sot Hunn
0512312007 4:45 PM
Re; Potato Patch EasementQuestbn
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75 south fronlage road
Yail, colorado 81657
(3031 479-21.38 or 479-2139
TO:
FROM:
DATE:
SUBJECT:
offlce of communlty developmenl
ALL CONTRACTORS CURRENTLYL REGISTERED T{ITH TITE
TOWN OF VAIL
TOWN OF VAIL PUBLIC WORKS/COMMUNITY DEVELOPMENT
l,tARCH 15, 1988
CONSTRUCTION PARKING & MATERIAL STORAGE
rn summary, ordi.nance No. 6 states that it is unrawful for anvperson to litter, track or deposit any soil , rock, sand, OeUiisor naterial , including trash dunpster!, portable ioilets andworkmen vehicles upon any street, sidewalk, alley or public
_p-I?ge or any portion thereof. The right-oi-way 6n aff Town ofvarr streets and-roads is approximately 5 ft. off pavement.This ordinance wirl be stri-Lry enforcld, by the Town of Vai.I
"y!li." works Department. persons found vi6lating this ordinancewrrr be given a 24 hour written notice to remove said rnaterial .rn the event the person so notified does not cornply with thenotice within the 24 hour time specified, the pulric worksDepartrnent wilr remove said rnateiiat at the expense of personnotified- The provisions of this ordinance snirt not beappricabre to construction, naintenance or repair projects ofany street or a1ley or any utiLities in the right-a-way.
To review ordinance No. 6 in fu1l, please stop by the Town ofvail Building Department to obtain I copy. tirani< you for yourcooperation on this matter.
Position/Rela€io@ ( i . e.
Orrmer & Contrac tor
conEractor, owner)
iIIl|A8 IJ. YIEIJE
Colorado P.E. and L.S. No. 11413
1000 S. Frontage Road W.VaiI, CO 81657
March LO, 1990
I
ltichael L,auterbachP. O. Box 3451Vail, CO 81659
RE: Soils Observations -Iot 3, Block 2, YaiL/Potato
Patch, Vail, CO
Dear ltichael:
As requested, r have observed the soils conditions in the areaof your proposed excavations. The purpose of ny observations isto recoimend specific design requirenents for foundations and srabsupport for your proposed residences to be constructed on the site.
The subsoil conditions in the area consist nrainry of coarsegranular soils frorn glacial noraine deposits with tie rnaterialranging fron relatively fine to very laige boulders. Topsoir of2 to 3 feet is common.
_.considering the general type construction and subsoilconditions, spread footings praced-on the coarse, granular subsoilsshould be used for support of the structure. The forlowing designand construction details should be obserrred:
1. Footings should be pJ.aced entirely on the natural coarse,granular subsoils below any topsoil and slrt and designed for an?llTun bearing pressure ot 3IOOO psf. Settlenents should bewithin tolerabre limits, approxinateiy r inch total and 3/4 indndifferential.
2. Mininun footings width should be 16 inches for walls and2 feet for columns.
3. Continuous foundation walls should be adequatetyreinforced to span an unsupported length of at least ro reetlBasement waLls acting as retaining structures should also bedesigned to resist laterar earth preisures as discussed below.
_4. AII topsoil and any local soft pockets of soil found atthe base of the footing excavation snoirta be removed and theexcavation extended to the lower firn soi1s.
5. All footings should be provided with adequate soil coverabove thel.r bearing elevation for frost protectLon.
Basenent walls acting as retaining structures should bedesigned to resist an equivllent lateral larth pressure of 45 psfper foot of depth. An underdrain systeu should be provided toprevent hydrostatic pressure build-up.
The on:ite granular subsoils below all topsoil and tow densitysilt are suitabre to support slab-on-grade con-struction. To reducithe effects of sone differential -movenents, slabs should beseparated fron bearing nenbers with a positive expansion joint andadequately reinforced. A nininum 4 inch layer -of free-draininggravel shourd be provided innedLately beneath srab-on-grade froortto distribute loading and provide J unifom surface for concreteplacenent. cravel should Consist of a maximum 2 inch size.
The underdraining system for basenent walls acting asretaining structures shourd consist of a perforated pipe instirrea
!1 a gqavel filled trench placed at lealt 1 foot 6eiow adjacentfloor slab or crawr space grlae leading to suitable gravity olttet.
The onsite soils, exclusive of topsoil and organic silt, canbe used for structural fill. conpaction shourd be to at reast 95tof the rnaxinun standard proctor density at a noisture content nearoptirnum.
If, during construction, soil conditions appear to bedifferent from those described herein or groundwate-f seepage is
l{ichael Lauterbachllarch 10, 1990
Page 2
encountered, this office shouldreevaluation of the recornnendatio
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Project Number: 4294
Address: 754 PATATO PATCH
Occupancy: R3 rlltL tR3 rlrtlType of Const: V-NrV-N
Town of Vail
25 S. Frontage Road
Vail, Colorado 8L65'7(303) 476-7OOO
Plan anaLysis based on
the 1988 Unifonn Buil.ding Code
NAMe: ALPINE TOWNHOUSES IV
DRIVE Date: Uarch 29, 1990
Contractor: L,AUTERBACH CONST.
Architect: JOHN PERKINS
Engineer: TIM BOLYE
Plans Examiner: NORRIS
NoTE:The code lterns listed in this report are not intended to be a completelisting of all possible code requirements in the 1988 UBC. It is a guide to
selected sections of the code.
SECTION # ]-
DIRECTION BOUNDARY
NORTH Public wayEAST Building
SOUTH Property linewEsT Property line
Area increased 50.00*
FL NAME
SEPARATION
AREA INCREASE
104.0 Feet
O.O Feet
115.0 Feet
l-5. O Feetfor open area on
OCC MAX FLR
FIRE PROTECTION
84.0 Feet0.0 Feet
L15.0 Feet
15.0 Feet
2 sides.
AREA ALI,OWED RAIIO STATUS
3 Dwelling
TOTAL FOR FISOR2 Parking carage
2 Dwelling
TOTAL FOR FIOORt owelling
TOTAL FOR FIOOR
BUILDING TOTAL
R3 ok 1230 Unlinited
d-e./t 123O Unliraited€*E*' ' s76 unlinited
ok
ok
ok
ok
ok
ok
ok
ok
IBI*EBB=-- mhis e€e"Fan€y ia rct a" - e*i 6rt EIIFs-lftodF. cK..
M1
okR3
R3 ok 978 Unlinited
l-554 Unlinited
1070 Unlirnited
1070 Unlimited
3854 Unliruited
Page # 2
Code review for:Project Id.: ALPINE TOWNHOUSES IV
Address: 754 PATATO PATCH DRIVE
The actual height of this building is 33.0 feet.
The maximun height of the building is 40.0 feet. -- Table 5-D
FOR SECTION # 1
EXTERIOR WALL FIRE RATINGS AND OPENING PROTECTION
Table 17-A & Table 5-A
NORTH EAST SOUTH WEST
OCC BRG NON-BRG OPNG BRG NON.BRG OPNG BRG NON.BRG OPNG BRG NON-BRG OPNG
WALL WALL PROT WALL WALL PROT WALL WAI.,L PROT I{ALL WALL PROT
R3 ohr ohr None l-hr* thr* NoP ohr ohr None Ohr Ohr None
l-{1 ohr ohr None Lhr* thr* NoP ohr ohr None ohr Ohr None
The exterior walls may be of COITBUSTIBLE naterial . Sec.2201.
None -- No fire protection requirements for openings.Prot -- Openings are to be protected with 3/4 hr fire assenblies.50t of the area of the wall maxirnum. Sec.22O3. (b) & Table 5-A
Maximum single window size is 84 sq.ft with no dinensiongreater than L2 feet. -- Sec. 4305. (h)
NOP -- Openings are not pennitted in this wall.* -- These walls nay be required to have a parapet wall 30 inches
above the roofing. The parapet wall is reguired to have the same
fire rating as the wall. See section 1709. for details and exceptions.
OTHER BUTLDING ELEUENTS Table 17-AELEMENT I.IATERIAL RATTNG NOTESInterior Bearing lrall Any 0 hrInterior nonbrg wall Any 0 hrStructural Frame Any 0 hrExterior Struct Frame Any 0 hr See footnote #1Shaft Enclosure Any L hrFloor/Ceiling Assenbly Any 0 trr See Footnote #9Roof/Ceiling Assembly Any 0 hrStairs Any None
NOTE: See Sec. L7o5. (a) for Shaft Enclosure exceptions.
FOOTNOTES:1) Mininurn on exterior side also based on exterior brg. wall reguirements.
9) In areas with vehicles or airplanes, the floor surface shall be of
noncombustible, nonabsorbent materials. -- sec. 7o2.(bl & 902.(b)
OCCUPANCY SEPARATIONSR3-Ml thr Materials approved for Lhr construction are required on the
garage side only and 1 3/8 inch solid core, self-closing door. -- sec.
s03. (d) ex #3
ADDITIONAL SEPARATIONS
FOR R3 OCCUPANCY:
FOR M]- OCCI'PANCY:
Code review for:Project Id.: ALPINE
Address: 754 PATATO
SECTION # 2
TOWNHOUSES IV
PATCH DRIVE
Page # 3
SEPARATION
DIRECTION BOUNDARY AREA INCREASE FIRE PROTECTION
NORTH Public way 67.0 Feet 47.0 Feet
EAST Property line 17.o Feet l-7.0 Feet
SOUTH Property line 43.0 Feet 43.0 Feet
WEST Building o.o Feet o.o Feet
Area increased 28.75* for open area on 2 sides.
FL NAI'IE occ UAX FLR AREA ALIPWED RATIO STATUS
3 Dwelling
TOTAL FOR FI.oOR2 Dwelling
TOTAL FOR FI.,,OOR1 Parking Garage
1 Dwelling
TOTAL FOR FI-,OOR
BUTLDING TOTAL
The allowed area for
-- Sec. 5o3. (a)
R3 ok 7728 Unlinited
772A VnLLmitedR3 ok 1188 Unlinited
1188 UnlirnitedML ok 504 Unlinited
R3 ok 609 Unliurited
l-2L3 Unlinited
LoL29 Unlimited
ok
ok
ok
ok
ok
ok
ok
ok
the najor use was used for minor accessory areas.
The actual height of this
The maxinurn height of the
FOR SECTION # E
NORTH
OCC BRG NON-BRG OPNG
WALL WAI.,L PROT
R3 Ohr Ohr NoneMl Ohr Ohr None
The exterior walls nay
building is 33.o feet.building is 4O.O feet. -- Table 5-D
EXTERIOR WALL FIRE RATINGS AND OPENING PROTECTION
Table 17-A & Table 5-A
EAST SOUTH WEST
BRG NON.BRG OPNG BRG NON-BRG OPNG BRG NON.BRG OPNG
WAI.,L WALL PROT WALL WALL PROT WALL WALL PROT
Ohr Ohr None Ohr Ohr None thr* thr* NOP
Ohr ohr None ohr Ohr None thr* Lhr* NoP
be of COI.IBUSTIBLE material . Sec.22OL.
None -'No fire protection reguirements for openings.Prot -- openings are to be protected with 3/4 hr fire assemblies.50t of the area of the wall naximum. Sec.2203.(b) & Table 5-A
Maximum single window size is 84 sg. ft with no dimensiongreater than l-2 feet. -- Sec. 4306. (h)
NoP -- openings are not pernitted in this wall.* -- These walls may be required to have a parapet waII 3o inches
above the roofing. The parapet wall is required to have the samefire rating as the wall. See section 1709. for details and exceptions.
Page # 4
Code review for:
Project Id.: AI-,PINE TOWNHOUSES IV
Address: 754 PATATO PAICN DRIVE
OTHER BUILDING ELEUENTS TAbIC 17-AELEI-IENT I,T,ATERTAI., R,ATING NOTES
Interior Bearing wall Any 0 hr
Interior nonbrg wall Any 0 hr
Structural Frame Any 0 hrExterior Struct Frame Any O hr see footnote #1
Shaft Enclosure Any t hr
Floor/Ceiling Assernbly Any O hr See Footnote #9
Roof/Ceiling Assenbly Any 0 hrStairs Any None
NOTE: See Sec. L706. (a) for Shaft Enclosure exceptions.
FOOTNOTES:1) Mininun on exterior side also based on exterior brg. wall requirenents.
9) In areas with vehicles or airplanes, the floor surface shall be of
nonconbustible, nonabsorbent rnaterials. -- Sec. 7O2.(bl & 902.(b)
OCCI'PANCY SEPAR,ATIONSR3-Ml- thr Materials approved for thr construction are reguired on the
garage side only and I 3/8 inch solid core, self-closing door. -- sec.
so3. (d) ex #3
ADDITTONAL SEPAR,ATIONS
FOR R3 OCCUPANCY:
FOR I,T1 OCCUPANCY:
For Section # 1
EXIT REQUIREI,IENTS:FL NAll{E OCCUPANT NWBER EXIT PANIC RATED DOOR NOTES
I.,,OAD REQUIRED WIDIIH [ft.] HDWR CORRIDOR SWING
3 Dwelling 4 L 0.1 No No N/R
ToTAL 4 2( 21 0.1( 0.L) No No N/R #2
2 Parking Garage 3 1 0.1 No No N/R
2 Dwetling 3 L 0.1 No No N/R
TOTAL 5 L( 1) 0.1( 0.2) No No N/R
1 Dwelling 4 L o.L No No N/R
ToTAL 4 r.( 1) 0.1( 0.2) No No N/R
Door swing is based on Sec. 3304. (b) except as noted.
occupant load is based on Table 33-A.
Number of exits is based on Table 33-A except as noted.
Exit width is based on Sec. 3303. (b).
The numbers in ( ) include occupant loading from floors above this floor.
-- sec. 3303. (b)
FOOTNOTES 32) Basenents and floors above the 2nd floor are required to have 2 exits.
- Sec. 3303. (a) see Exceptions
Page # 5
Code review for:Project Id.: ALPINE TOWNHOUSES IV
Address: 754 PATATO PATCH DRIVE
STAIR NOTES:
A stairway in a dwelling rnust be at least 36 inches wide. -- Sec. 3306. (b)
The maxinun rise of a step is 8 inches and the rninimun run is 9 inches.
-- Sec. 3305. (c) exc.ff1.
Provide a handrail on one side a stairway 34 to 38 inches above the nosing if
there is more than 4 risers. -- sec. 3306. (j)
Provide a guard rail where drop off is greater than 3O inches. llinimuur height
= 36 inches, maximurn opening size = 6 inches. -- sec. l-7LL. exc 2
The ninimum headroon is 6 ft.- 8 inches. -- sec. 3305. (p)
Enclosed usable space under the stairs is required to be protected as reguired
for thr fire-resistive construction. -- sec. 3306. (n)
ROOFING REQUIREMENTS:L) The roofing on this building is not required to be fire retardant.
-- Table 32-A
AREA SEPAR,ATION WALL REQUIREUENTS:L) The area separation waII is reguired to be a 2 hr fire assenbly.
-- Sec. 5o5. (e) 1..2l ff the building has a projection with concealed space at the area
separation wall , Lhr protection is reguired on the projection and
the exterior wall each side of the area separation wall equaL to
the depth of the projection.-- sec. 505(e)2.3) If the area separation wall terminates at an inside corner, see ICBO
article in 'BuiLding Standards' sepr/Oct 1982 for requirements.4) A 30 inch higtr parapet wall is reguired above the roofing. -- sec.sOs.(e)3.
see exceptions for alternate protection at roof.
AUTOMATIC SPRINKLER SYSTEMS:
STANDPIPE REQUIREMENTS :
There is no requirenent for a standpipe. -- Table 38-A
A hose is not reguired. -- Table 38-A
FOOTNOTES:
L) The location is to be per Sec. 3805. (c), (d),and/or(e)
WALL AND CEILING FINTSH:
1) Wall and ceiling finish naterials are required to conply with
Sec. 4204. (a) and Table 42-8.2) carpeting on walls and ceiling are required to have a class I
flarne spread rating. -- Sec. 4204. (b)
INSUI,ATION NOTES:
1) Al1 insulation material incLuding facings are required to have a flame-
spread rating of 25 or Less and a rnaxirnum srnoke density of 450 unless
it is in a concealed space and the facing is in contact with a wall or
ceilinq. -- sec. 1713.(c) exc.#22) Foam plastic insulations are reguired to be protected. -- Sec. L7L2.
GI,AZING REqUIREI.IENTS :
1) Afl glazing in hazardous locations is required to be of safety
glaziSrs material . -- Sec. 5406. (d)
Page $ 5
Code review for:Project Id.: ALPINE TOWNHOUSES IV
Address: 754 PATATO PATCH DRIVE
ADDITIONAL REQUIREIIENTS :
For R3 occupancy
Provide a window or door to the exterior fron every room used for
sleeping. -- Sec. L2O4.
A window nust provide a clear open area of 5.7 sq.ft., a clear treight
of 24 inches, and a clear sidth of 20 inches(ninimun). -- Sec. L2o4.
A11 habitable rooms require exterior glazed openings egual to 108 or
more of the floor area. (nin L0 sq.ft.) -- Sec. L205.(a)
A1l. habitable roons require an operable exterior openings equal to 5t
or more of the floor area. (nin 5 sq.ft.) -- sec. i-205.(a)
The mj.nimum ceiling in a habitable space is 7 feet 6 inches except
kitchens, halls, and baths may have a ceiling height of 7 feet. --Sec. -- l-2O7. (a)
Provide a smoke detector in aII areas having access to sleeping
rooms. -- Sec. L2l-O. (a)4.
Provide a srnoke detector on all floors that is connected to an alarm
audible in all sleeping areas. -- sec. 1210.(a)4.
For UL occupancy
For Section # 2
EXIT REQUIREUENTS:
FL NN.TE OCCI'PANT NT'MBER EXIT PANIC RATED DOOR NOTES
r,oAD REQUTRED WIDTH [ft.] HDWR CORRTDoR SWrNG
3 Dh?elling
TOTAL2 Dwelling
TOTAL
l- Parking carageL Dwelling
TOTAL
26 2 O.5 No No N/R
26 2( 21 0.s( 0.5) No No N/R
4 L 0.1. No No N/R
4 2( 2) 0.1( 0.5) No No N/R
3 I 0.1. No No N/R
2 L 0.0 No No N/R
s 2( 2) 0.1( 0.s) No No N/R
In areas where 2 exits are reguired, the minirnun separation rs L/2 of the
maximum diagonal of the area or floor. -- Sec. 3303.(c)
Door swing is based on Sec. 3304. (b) except as noted.
Occupant load is based on Table 33-A.
Number of exits is based on Table 33-A except as noted.Exit width is based on Sec. 3303. (b).
The numbers in ( ) include occupant loading frorn floors above this floor.
-- sec. 3303. (b)
FOOTNOTES:
Page # 7
Code review for:Project Id.: ALPINE TOWNHOUSES IV
Addresss 754 PATATO PATCH DRIVE
STATR NOTES:
A stairrray in a dwelling must be at least 36 inches wide. -- Sec. 3306. (b)
The maximum rise of a step is 8 inches and the nininurn run is 9 inches.
-- Sec. 3306.(c) exc.#1
Provide a handrail on one side a stairway 34 to 38 inches above the nosing if
there is more than 4 risers. -- Sec. 3306. (j)
Provide a guard rail where drop off is greater than 30 inches. Mininun height
= 36 inches, maximum opening size = 6 inches. -- Sec. L7LL. exc 2
The rninirnun headroon is 6 ft.- 8 inches. -- sec. 3306. (p)
Enclosed usable space under the stairs is required to be protected as required
for l-hr fire-resistive construction. -- Sec. 33o5. (n)
ROOFING REQUIREITIENTS :1) The roofing on this building is not required to be fire retardant.
-- Table 32-A
AREA SEPARATTON WALL REQUIFE}TENTS:1) The area separation wall is required to be a 2 hr fire assenbfy.
-- Sec. 505. (e) l-.2, If the building has a projection with concealed space at the area
separation wall , thr protection is required on the projection and
the exterior wall each side of the area separation wall equal to
the depth of the projection.-- Sec. 505(e)2.3) If the area separation waII terminates at an inside corner, see IcBo
article in 'Building Standards' SeplOct 1982 for reguirements.4) A 30 inch high parapet wall is required above the roofing. -- Sec.5O5. (e)3.
See exceptions for alternate protection at roof.
AUTOI,IATIC SPRINKLER SYSTEMS:
STANDPI PE REQUIREI.IENTS :
There is no reguirement for a standpipe. -- Table 38-A
A hose is not required. -- Table 38-A
FOOTNOTES:1) The location is to be per sec. 3805. (c), (d),andlor(e)
T{ALL AND CEILING FINISH:
1) wall and ceiling finish materials are required to conply with
Sec. 4204. (a) and Table 42-8.
2) Carpeting on wal1s and ceiling are required to have a Class I
flame spread rating. -- Sec. 4204. (b)
INSUI,ATION NOTES:L) Al1 insulation material including facings are required to have a flarne-
spread rating of 25 or less and a rnaximum smoke density of 450 unless
it is in a concealed space and the facing is in contact with a wall or
ceiling. -- Sec. 1713. (c) exc.#2
2') Foam plastic insulations are required to be protected. -- Sec. 17L2.
GI,AZING REQUIREMENTS :
1) AII glazing in hazardous locations is required to be of safety
glazing material. -- Sec. 5406. (d)
Page # I
Code review for:
Project Id.: ALPINE TOWNHOUSES IV
Address: 754 PATATO PATCH DRIVE
ADDITIONAI., REQUIREI*IENTS :
For R3 occupancy
Provide a window or door to the exterior frorn every room used for
sleeping. -- Sec. L2O4.
A window nust provide a clear open area of 5.7 sg.ft., a clear height
of 24 inches, and a clear width of 20 inches(nininun). -- sec. L2o4.
Al1 habitable rooms require exterior glazed openings egual to lot or
more of the floor area. (nin 10 sq.ft.) -- Sec. L2o5.(a)
All habitable roorns require an operable exterior openings equal to 58
or more of the floor area. (nin 5 sq.ft.) -- sec. L2o5.(a)
The minimum ceiling in a habitable space is 7 feet 6 inches except
kitchens, halls, and baths may have a ceiling height of 7 feet. --
Sec. -- L207. (a)
Provide a smoke detector in all areas having access to sleepj.ng
rooms. -- Sec. 121-o. (a)4.
Provide a smoke detector on all floors that is connected to an aLarn
audible in all sleeping areas. -- Sec. 121-0. (a)4.
For Ml. occupancy
2DtrFFtsTMtrNT @F.E@MMUNITV DtrVtrLEFMENT
XXXXXXX sALEs AcTroN FoRM XXXXXXX
0t 0000 41330 COM. DEV. APPUCATION FEES
I 0000 41540 ZONINC AT.ID ADDRESS TTAPS
| 0000 42415 1988 UNtFoRlt ButtDtNc coDE
I 0000 42413 1988 UNIFORI.I PLUIIBINC CODE
t 0000 424.13 1988 UNtFoRl, LtEcttANtcAL CODE
1988 UNIFORI/ RRE CODE
| 0000 42113 1987 NATIONAL ETCTRICAL CODE
| 0000 42115 OTHER CODE BOOKS
| 0000 41548 PR|NTS (MYTARS)
01.0000 42412 ox coptEs ./ sruous
I oooo lzszt E},IALTY FEES / RE-INSPECTIoN
oFF HoURS UVSpecnoH re
CONTRACTORS UCENSES fEES
I 0000 4t330
0l 0000 414t3 .slcN rlPI.ICArtoN
DtrFHRTMtrNT @F,tr@MMUNITV DtrVtrL@FMENT
XXXXXXX sALEs AcTroN FoRM
01 0000 41330 COM. DEV. APPUCATTON EES
t 0000 41540 ZONING AI,ID ADDRESS I.TAPS
1 0000 42415 1988 UNIFORI.I BUIIDING CODE
1 0000 42+15 1988 UNtFoR!.t PLUHBTNO CODE
I 0000 42115 1988 UNIFORI.I MECHANTCAL CODE
1 0000 42415 1988 UNIFORI.I RRE CODE
1 0000 42115 1987 NATIONAL E EC]RICAL CODE
r 0000 42115 OTHER CODE BOOKS
1 0000 4:548 PRTNTS (MYJARS)
01.0000 42412 0x coPtES ./ sruors
I oooo lzszt FEES / RE-INSPECTION
OFF HOURS INSPECTION FE
CONTRACTORS UCE}ISEs FEES
I oooo antzl.pr,AN cHEcK FEE ($30 PER. HOrrR)
0l 0000 41413 .srcu eprlrcrrron
coMr.rENTs: _\s..' !\rrN. \,i \ lr\r.,.
\\,u_-
\-trqo 151\ sru>oqu \o I t^:\\a-.
o o
I
75 routh lronLge road
Yall. colorado 81657
(303) 4792138
(303) 479,2139
August 21, 1990
Mr. Mike Lauterbach
P.O. Box 3451Vail, CO 81658
olfice of communlty development
Lot 3, Block 2 vail Potato Patchr/Duplex GRFA
On August 3, 1990 your prinary/secondary development on the above
lot wis issued a stop work order by the Connunity Development
Departnent. The reason for the stop work order was that the
project violated the allowed GRFA for the Property- In addition,
there is also a problen with the retaining wall. The walls are
not built per the approved building pernit p1an.
On August 15, 1990, a meetJ.ng was held to review the GRFA problem
vith you. cary uurrain, Mik- Mollica and I attended the rneeting
with you. On August 17, 1990, Ron Phillips, Larry Eskwith,.Gary
Murrain, ttike uollica, and I net to review the Townrs position to
come to a resolution for the GRFA problem. We can approve the
structure at a sguare footage of. 4341 sq. ft. This arnount is
what the current zoning aLlows even though this is larger than
what the DRB approved plans indicate. The Town staff has
determined that it is not within our adninistrative power to
negotiate a GRFA solution beyond what is allowed by the zoning on
the property. Staff nust maintain the position that the project
conform to the allowed GRFA for the lot. The zoning code does
not give the staff any discretion to apProve a GRFA overage.
Section 303 (c) of the Unlform Building code--@
also relates to the GRFA issue. It states:
I,IIKE ISUTERBACH
LETTER, PAGE 2
rrThe issuance or granting of a pernlt or approval' of plans,
specifications and computations shall not be construed to be
a-pemit for, or an approval of, any violation of any of the
provisions of this code or of any other.ordinance of thejurisdiction. No per:nit presurning to give authority to
violate or cancel the provlsions of this code shall be
valld.
The issuance of a per:mit based upon plans, specifications
and other data shall not prevent the building official fron
thereafter reguiring the correctl-on of errors in said plans,
specificationJ and other data, or fron preventing building-
oierations being carried on thereunder when in vlolation of
tirls code or of-any other ordinances of this jurisdlction.rl
In order to resolve the GRFA issue, you have two options using
the municipal revielt processes. The first is to appeal the.staff
decision to ttre Planning Conmission. If the appeal is received
by August 22 by 5:OO p.n., the staff wiII schedule your-reguest
for the August 27th Planning Corunission meeting. .The Planning
Conmission-will review the issue and make a decision. This
decision will be final unless an adjacent property owner appeals
the Planning Connission decision or the Toltn Council calls it up.
The PEc decision of August 27th will be reported at the August
28th Council work session. If the PEC decision is appealed or
called uP by the Town Council it will be reviewed at the
Septenbei elh evening Council nreeting. The staff has also agreed
to- schedule the GRFA issue as a nork session iten for the August
28th Council work session. This will give you the opportunity to
address the Council personally on the issue before waiting until
the Septeurber 4th meeting.
Secondly, you may subnit an application for a GRFA or density
varlance. -The next subrnittal deadline is August 27th for a
septenber 24tb PEc neeting. The council nay also call up a PEc
delision on a density variance. If the Council chose to call up
the Septeuber 24th PnC decision, it would be heard at the October
2 Tolrn council evening rneeting.
Attached to this letter are the GRFA cal.culations for the DRB,
Building permit, and As Built plans. .At this time, the staff is
relying-on your as-built plans to be accurate. If for any reason
you-know of-any inaccuracies in these plans, I ask that you
notify the staff, in writing, irnnediately.
MIKE IAUTERBACH
LETTER, PAGE 3
fn addltion, the retaining walls have been extended beyond wltat
was originaity approved on the brrilding perTi!. The walls also
appear €o excied-Ltre tretgtrt llnitE. A retalnLng wall may be a
rniiiroun of three feet in the front setback and a maxinum of six
feet on other areas of the site. I ask that you address this
issue by subnltting a set of revised plans to_our.departnent by
augrust ie, 1990 whlch meet the zoning code and building code
requirenents for retaining walls.
If you have any further guestions about the process, please. feel
freL to caII ne. Thank fou for your assistance on this natter.
Sincerely,
Kft^ ft'h-
Kristan Pritz
Community Development Director
KP,/pp
cc: Ron Phillips
Cary hrrrainLarry Eskwith
Mike l.fo1lica
AS-BUILT
zotE ctEcr Fon sFR, n, RP/s zolE DlsrRlcrs
DATE:
LEG L: [0T 3[(rX flllllc
ADORESS:olltlER: PtlolE
'ARc[trEcT: Pl{ollE #
l0T StZ€: 20,9m PROPOSED UsE:
ZOIE DISTRICT: StR RES n P./S
Ft(pR TOIAL
B SElfErr so.FI. 1,1mlsr. ;t@t so.FT. 1.174
zlfD. Frqrn so. Fr, 718
5t0. ftcxn sc.Fr. 0
0TOTALS 3,62
GARAGE
558
0
0
0
0
556
CREDII foTAtS ,GAR.spsc$ 2 558
GRFA ALLoUED 4,341
IOTAL CR€DITS 995
GRFA USED 2,U7
GRFA REr'rAmmG 2,274
cREDnS tEX I{IXG 42
Tt@R TOTAT GARAGE
SASELEXT SO.fT. 940 0
lsT. Fr@n se.fT. 1,500 587
2ltD. Ftm se.fT. 1,238 0
3RD. Fr@R So.tT. 0 0
TMI|SFER 0f cflEDtr 0 0TOTATS 3,578 587
Gf,EDTT TOTALS *GAn.spaccs 2 587
GRFA AITqJED 2,27Ltot^! cREDtTs I,085
GRFA USED 2,593
cnFA REIt ttXG . (319)
nEDrTS REIIA[llrG 13
TOTAL UIIUSED CREDITS IOl 55
GRFA ALLOIIED OII SI IE
ALtqfiD SITE COI/ERAGE
SITE OO'ERAGE USED
SITE COVERAGE REIIAIX I }IG
LAIIDSCAP OO'ERAGE
YXll
4t41
4181.E
2838
1:t41.8
12545
xEc[. srAlR AlRLocK VOID550000 lll 25 15o{1 000000000053 208 2t 15
TorAL GROSS So.Fl. 3.06250 208 25 t5
I'IECH. STAIR AlR!oCK VolD000040 109000 105 32 160000300043 ?14 32 t5
TOTA! CROSS SO.FT. 3,67843 214 25 16
SIqAGE
3t
27
65
0
12
139
139
6l
SIfiAGE
1U
55
3:t
0
0
212
200
(3)
(f2) 7 0 <7,
49a0(7,
BUILDING PERUIT
zotE cltEcr fq sfR, t, nPls zolE DlsTRIcrs
DAIE:
LEG L: tol BICK tttlllc
IDDRESS:C.TER: PHotIE I
|ncfltrEcl s PlloflE Il0l slzE: 20,909.0 PR$OSED LrsE:
ZdlE DISIRICT: Stt REs R P/s
s
E
c
o
x
D
A
R
Y
ftot
SASETEIII SC.FT.lsr. FL@R SO.F .
2lt0 . tl@t s{1. Fr.
5RD. FL@T SO.FT.
IOFT f L(DR SC.FT.
TOIALS
CREDIT TOIALS
GRTA ALTOI'ED
TorAt crEDns
GRFA I'SED
GRFA REIIAITITG
CREDIIS REI|^IIIIG
t0rA!
0.0
1,16{t.0
I,t18.0
717.0
0.0
2,gtE.O
,GAR.spaccs 2.0
4,341.0
988.0
2,007.0
2,3:,!..0
GIIAGE STCAGE0.0 0.0618.0 52.00.0 ?5.o0.0 6i2.o0.0 0.061E.0 140.0
6q).0 140.0
(18.0) @.0
GARAGE STqAGE0.0 89.0t85.0 53.00.0 32.00.0 0.018,0 0.0603.0 174.0
500.0 174.0
(3.0) 26.0
(21.0) 85.0
GnFA Au-(LrE0 q stTE
AttqJ@ stTE aoVERAGE
SITE CO/ERAGE USED
SITE OO'ERAGE IETAITITC
LAIDSCTPE OOT'ERACE
TOTAI GNFA USED C[ SITEI x. sxl.tT. rn SEoODARY llll
STATUS 0F SEoODAnY UIlr a 60r
YTII
4,:'41.0
4, tEt .8
2,4t8.0
t,:t43.8
12,541.4
4,546.0
1,736.4
(270.6)
IECil. STAIR AIRLoCK U)tD0.0 0.0 0.0 0.00.0 0.0 0.0 0.00.0 116.0 25.0 13.00.0 96.0 0.0 0.00.0 0.0 0.0 0.00.0 210.0 26.0 11.0
TOTAL GnOSS SO. FT. 2,995.00.0 210.0 2r.o 13.0
50.0 0.0 (1.0) 0.0
lrEclt. sl^lR AlRLocK volD0.0 0.0 0.0 0.040.0 ilt.o 0.0 0.00.0 104.0 29.0 18.00.0 0.0 0.0 0.00.0 0.0 0.0 0.040.0 215.0 ?9.0 18.0TorAL Gnoss so.tr. 3,611.040.0 215.0 25.0 18.0
fL@I IOTAT
BASEilEIT S{I.FT. 956.0P 1Sr. Ftq SC.FT. 1.485.0R 2ltD. tt(n se.fT. 1,158,0I 3RD. Ft(n SC.fT. 0.0
fr tRArsFEt oF cREDtr 0.0A rorArs 5,611,0
RY CREDIT IOTATS
GRFA A[LqfiDU TOIAT CREDIISI GRFA USEDt GflFA REIIAIIITIIGT CREDITS TEIUIIIXG
lGlR.lplccs 2.0
2,3:t4.0
1,072.0
2,539.0
(205.0)
TOTAL IXUSED CREDITS t20.0
10.0
60.0
0.0 (4.0) 0.0
0.0 (5.0) 0.0
DESIGN REVIEW BOARD
z E cltEcr FoR sFR, t, np/s zoxE DtsTRrcrs
DAIE:TEGAI: LOI
ADORESS:q ER:
ATCHITECT:
l0T SIZE: 20,909.0
zorE DtsTttcl:
GRFA AttqfiD 0t sttE
AILqJED SITE CIII'ERAGE
SITE OO'ERAGE USED
slTE 00t ER C€ RElt tltxc
LAIDSCTPE C[ryEtACE
TOTAI GRFA US8D Of SITE
BLOCK Httftc
PiloNtE #
PIO|E #
PREOSED USE:sFR RE8 t P/SYltx
4,:,ll.O
6,181 .8
2,E58.0
t,:t43.8
12,5b5.4
4,U7.0
1,736.4
174.6,
ST$AGE IEClt, STATR AIRLoCK VotD0-0 0.0 0.0 0.0 0.044.0 0.0 0.0 0,0 0,021.0 0.0 103.0 28.0 1E.069.0 0.0 ct.o 0.0 0.00.0 0.0 0.0 0.0 0.0134.0 0.0 200.0 28.0 18.0TOTAL GRoSS 9.rr. 2.Tn.0134.0 0.0 200-0 25.o 18.0
66.0 50.0 0.0 (3.0) 0.0
sloRAGE HECfl. STATR AIRLoCX VotD&t.0 40,0 0,0 0.0 0.055.0 0.0 107.0 0.0 0.031.0 0.0 100.0 28.0 28.00.0 0.0 0.0 0,0 0.00.0 0.0 0.0 0.0 0.0166.0 60.0 207.0 28.o 28.0TOIAL ctoss sa.FI. 3,257.0166.0 40.0 207.0 25.0 28.0
TAX. SC.FT. FOR SEOIXDARY UIIIT
STAIUS 0f SEDof|DARY uttT t 40t
s
E
c
0
I
D
A
R
Y
FI@R TOIAL
B SEi|EII S0. tT. 0.0
1sT. FraER SO. rT. 1,075,0
znD. Fr(En sQ.rT. 1.035.0
3nD. FLmR se.FT. '662.0
LOFI FL(Fn SQ.tr. 0.0roT Ls 2,7n.0
CREDTT TOTATS lc R.spac.6 2.0
GRF^ lrtqJED a,:t41.0
TotAt CREDITS 961.0
GRFA USED 1,E11.0
GRFA REr tltlc 2,530.0
CREDIIS REI4A}IT IIG
CARIGE
0.0
584.0
0.0
0,0
0.0
5'&.O
584.0
16.0
GATAGE
0.0
555.0
0.0
0.0
0.0
555.0
555,0
FIMR TOTAI.
BASE EIT SO.FT. -gsi.o
P 1ST. FtOn so,Fr. 1.325.0R 2rD. fr00R so.FT. t:0s1.0t 3RD. Ft@t S0. tT. 0.0I toFT Ftm $. FT. 0.0A TOTATS
'.25t.0RY CREoIT ToTALS *GAR. spaccs 2.0
GRFA ALLqJED 2,530.0u IoTAL CREDITS 1,021.0T GRFA USa) 2,?S.OI GRF nErAmtrc .294.0
t CRED t ts nE uuxc
TOTAI UXI'SED CREDTTS
45.0
215.0 6t.0
34.0 10.0
rm.o 60.0
0.0 (3.0) 0.0
0-0 (6.0) 0.0
lhe lteas below
glvlng a perDlt
Please check off
FINAL PLI'}TBING
]nar, rNsPEcrror's
ueed to be conplete
a flnal C of O.
1o the box provlded.
COUPLETED
before
l-r
t__l FINAL UECUANICAL
DATE:
N^/ .-\t/ A/r* Td*l* FI \N.' TMPROVB,TENT SURVEY ( ,A RESID. NAUE: . .- /-- --
p^rl, I .23. ao 'l
FINAI ELECTRICAI,
DATE:
FINAI. BUILDING
/\\
L_.1 EAST SIDE:
(
WEST SIDE:
TEMPOMRY C OF O
',.\r\:Lr... , )\JDATE:
CERTIFICATE OF OCCUPAI{SY
.K LAr'IDSCA?ING DUE
,*", L-f-Z
FILE NAI{E:
MLchael Lauterbach
P.0. Box 3451
VaL1, CoLorado 81658
llarch 7, 1990
Mr. Tom Braun
Town of Vail
Vail, Colorado 8L657
Dear Torn:
Pursuant to our recent dLscusslon, I would llke to wlthdraw
my request for a variance for Lot 3, Block 2, Ftllng I, Vail Potato
Patch.
auterbach
OwnerLot
0\
C [.'"KTO:
FROM:
DATE:
RE:
Planning and Environmental Commission
Cormnunity Development Department
February 12, 1990
A request for a height variance in order
Primary/Secondary Residence on Lot 3,
Potato Patch.
Applicant: Michael Lauterbach
(-\J^,Lk-
I.
to consLruct a
Block 2, Vail
DESCRIPTION OF THE VARTANCE REQUESTED
The height limit for structures in the Primary/Secondary
zone district with sloping roofs is 33 feet. Height, as
outlined in the zoning code, is defined as follows:
Height 18.04.170 "Height" means the distance measured
vertically, from the existing grade or finished grade
(whichever is more restrictive), at anv given point to
the top of a flat roof, or mansard roof or to the
highest ridge line of a sloping roof.
In simplest terms, height is determined by superimposing a
roof plan over the existing topographic plan of a Lot. If
one were to drop an imaginary 33 foot line from the top of
any point along the a ridge, the line must hit the ground in
order to be within the 33 foot ]imitation. A key point to
rernember with regard to height limits is that the 33 feet is
a maximum as measured from existing grade or finished grade,
whichever is more restrictive.
The proposed structure exceeds height lirnits at a number of
locations. In some cases the proposed structure exceeds
height lirnitations when measured to existing grade, and in
other cases it exceeds the height timj-tation when measured
to proposed finished grades. The variance request ranges
for 2-9 feet of various points on the structure.
The applicants statement has been enclosed for your
considerati-on. As proposed, this project would involve
altering existing grades by filling in low points throughout
the lot. An existing easement is also referenced as a
hardship affecting the site planning and height of the
proposed structure.
There is a history to this lot that is relevant to thisrequest. Sometime around L975, excavation !.ras begun on thislot for the constructj-on of a primary,/secondary residence.This excavation has dramatically altered the existing gradeof the site. This past surnmer, the applicant began fillingthe lot without approval from the Town. These factors arerelative in detennining what is the existing grade of theIot. To consider the grade of the lot after the 19Zoexcavation would impose an unfair hardship on the applicant
because of the hole that has been created on the lot. Twosurveys have been subnitted, one essentially showingexisting conditions and one showing conditions of the lotprior to excavation in 7976. The staff has determined thatthe nost reasonable survey to use as the existing topographyof the lot is the map that was done prior to excavation inL975. This approach is also consistent with other decisions
made by staff concerning lots that have been disturbed.
1I. CRTTERIA AND FINDINGS
Upon review of Criteria and Findings, Section 78.62.0G0 ofthe VaiI Municipal Code, the Department of Comrnunity
Development reconunends denial of the requested variance
based upon the following factors:
A. Consideration of Factors:
1.The relationshi of the ested varlanceother existinq or tential uses and structures
to
inthe vicinitv.
This 1ot is bound on the west and south by an openspace tract, on the east by an undevelopedprirnary/secondary lot, and on the north by 't7O
Potato Patch. The subject lot is situated below770 Potato Patch, and it is unlikely that theproposed structure would irnpact this property.Lot 4 is unbuilt, and it is difficult to determine
how this proposal rnay affect this adjoining lot.
2.The deqleq Eq Lqhich relief from the strict andliteral interpretation and enforcement of aspeci-fied requlation is necessary to achievetibility and uniformity of treatment amonsites in the vicinitv or to attain the obiectivesof this title without qrant of special privileqe.
3.
The height ordinance is written to allow for a
rnass of 33 feet at any given point on a structure.
On a sloping lot such as this one, it is theintent of the ordinance that the height of thestructure "follow" the topography of the lot. The
topography of a lot should effect the ultimate
design of a structure. However, this design isnot responsive to the existing grades of the
parcel.
One could argue that conditions on the lot today
present a hardship because of previous excavation.
However, using the pre-excavation survey as the
topography of the lot effectively elimi-nates this
as a hardship. Even when using the pre-excavation
survey as a basis for measuring height, thestructure sti-ll exceeds height limits in a numberof locations. In some locations these ridge linesare within 33 feet, but only after significantfill has been placed on the lot. Yet in otherlocations, the ridge line would be within 33 feetto existing grade, but proposed excavation aroundthe structure creates heights in excess of 33feet. Again, height is measured to existing orfinished grade, whichever is more restrictive.
Over the past ten years, there have been very fewrequests for height variances for primary/
secondary and single family development. There
have been even fewer variance requests granted.
Many hornes have been developed on lots with slopesthat exceed the topography of this parcel . Inthis case, it appears the design is being forcedon this lot with little consideration given to
grades on the parcel. To grant this reguest would
be a grant of special privilege inconsistent withthe treatment of other sites within the community.
The effect of the reguested variance on liqht andair, distribution of populatj.on, transportationand traffic facilities, public facilities andutiliti.es, and public safetv.
The only relevant consideration listed above would
be utilities. At the present tirne, the UPper
Eagle Valley Water and Sanitatj-on District has a
sewer line located within the Potato Patch Drive
right-of-way and a ten inch htater main that is
within a twenty foot utility easement located
between this lot and Lot 4 to the east. ft ttould
obviously be inappropriate to construct a
residence over this water line. However, the
fifteen foot side setback would prevent any
development over the easement in this area. The
twenty foot easement that bisects the property isnot being utilized by Upper Eagle VaIley, and
conversations with the District indicated that
they see no need for using this easement in the
future. The easements across this lot do not
appear to be an issue relative to this
development.
III. Such other factors and criteria as the commissi-on deems
applicable to the proposed variance.
IV. FINDINGS
The Planninq and Environmental Cormnission shall make the
followinq findinqs before grantinq a variance:
That the granting of the variance will not constitute a
grant of special privilege inconsistent with the limitations
on other properties classified in the same district.
That the granting of the variance will not be detrinental to
the pubtic health, safety, or welfare, or naterially
injurious to properties or improvements in the vicinity.
That the variance is warranted for one or more of the
following reasons:
The strict or literal interpretation and enforcement of
the specified regulation would result in practical
difficulty or unnecessary physical hardship
inconsistent with the objectives of this title.
There are exceptions or extraordinary circumstances or
conditions applicable to the site of the variance that
do not apply. generally to other properties in the same
zone.
The strict or literal interpretation and enforcement
the specified regulation would deprive the applicantprivileges enjoyed by the owners of other properties
the same district.
STAFT RECOMMENDATION
The staff can see no legitimate physical hardship to allow
for this variance. while there does not appear to be any
significant impacts that would result from this request,
that alone is not just cause to grant a variance.
As has been stated, the proposed design shows little
consideration to the grades of the property. While a cause
for hardship could be made if the existing conditions of the
lot today were the basis for existing grades, allowing the
applicant to rely on the pre-excavation survey effectivelymitigates this potential hardship.The staff would
encourage the Planning Corunission to direct the applicant to
redesign the structure within the 33 foot height
Iimitations.
of
of
in
v.
Variance Request
Lot 3' Block 2, Flling 1
Vall Potato Patch
Suppleoental Inf ormatlon
JanuarY 15, 1990
I am requestlng a variance !I9T th" Town of Vall Munlclpal Code'
chapter Ig.13.o75 as-it defines buildlng helghts for prlrnary/secondary
residencial zoning' I am seeking approval for construction of a
primary/ secondary "ttu"l'"" which would exceed the naxlnua roof ridge
height Pursuant to archltectural plans prepared by Joho Perkins' Architect'
Thestructureistobelocatedlnanaturalravioewhichopenstothe
west. The site is consttained by several utility easeEents-' Potato Patch
Drive access frorn the north and a natural ridge to the -south rthlch have
been referenced on ihe errclos.d drawlngs. A heightened structure would not
aPPear to inPact any adJacent property ownerts views' iopact safety on
PotatoPatchDrive'norhaveanyothernegativeeffects.
Filling the ravine prior to,constructioo and calculatlng ridge
helghts fron the n""-tooogttphy will trtost llkely be allowed on the
Lionsridge site which was-thl iectpient of the najorlty of fill dlrt frorn
thePost0fficeslte.Slnilarly,wewouldflllthesiteafter.thefoundatlons
are comPlete -
As an alternative, it night have been posslble for us to avoid a
variance if we were Eo remove the toP of the ridge located to the south'
However, a oain ,.i.i- rii"- servlng vatt rs located in that easemeot and
Fred Haslee troo. ti,l-upp.r raere ialley Consolidated l{ater and Sanitation
Dlstrict has inarcaied'itrat rhey would rnuch prefer lhar we raise our
;;i;i;; rather than further undermlnlng thelr water line'
Ad'iacent ProPertY Oamers -
Lot 4' Block 2, Filing I
Lot 6, Block 2, Flllng I
Ralph D. Jones
2500 Que SEreet xl{
Washingtoo, D.C. 20007
770 Potato Patch Condo Association
c/o Sllfer Management Co-
143 East Meadow Drlve
Suite 391 B
Va1l, Colo 81657
75 south frontage road
Yaal, colorado 81657
(30:r) 47S'z138
(303) 4792139
oflice ol communlty development
January 19, 1990
Mike Lauterbach
P.O. Box 345Lvail, co 81658
Dear Mike:
This letter is to reiterate our discussion concerning the Alpine
Townhomes variance request. This application is scheduled forconsideration by the Planning Cornrnission on February L2, L990.Any amendments you would propose to your application must besubmitted to this office by 9:OO a.m.. January 29, L990. Any
amendrnents to your existing proposal must be reflected in revisedelevations, site plan, and floor plans.
f will be out of town all next week and will be returning onJanuary 29th. I will be available the week of the 29th to meetwith you and discuss the staff position concerning your requestprior to the PEC meeting. Mike Moll-ica can anshrer any questions
you may have regarding this application while I am gone.
Sincerely,
-/- 4/d>.N F.1&E_
Thomas A. Braun
aj
O f"tftu;so 10
Ac; , ?o'or-1t,ttW7',1t1PUBLIC NOTTEE
NOTICE IS HEREBy GIVEN that the r-.- .ring and Environmental
Comrnission of the Town of vail will hold a public hearing in
accordance with Section L8.56.060 of the rnunicipal code of the
Town of Vail on February L2, L99O at 3:oo P.n. in the Town of Vail
Municipal Building. Consideration of:
1. A request for a minor subdivision and zone change for Lots 4
& 5, Block 2, Bighorn Lst Addition.
Applicant: Sable/Lupine Partners, Ltd.
2. A request for an exterior alteration for the Arnerican Ski
Exchange in the wall Street Building on Block 5C, Vail
Village First Filing.
Applicant: Arnerican Ski Exchange
3. A reguest for an exterior alteration for condoninium unit #3
in the Gore Creek Plaza Building at 193 East Gore Creek
Drive, Block 58, Vail Village First Filing.
Applicant: Michael Sanner/Piero Rivolta
4. A request to rezone a special Developnent District for the
Garden of the Gods on Lot K, Block 5, VaiI Village Fifth
Filing at 365 Gore Creek Drive.
Applicant: Garden of the Gods, Mrs. A.G. Hill Family
5. An amendment to Special Development District 4, cascade
Village, to amend Area D, Glen L,yon Office Building at t0O0
South Frontage Road West, I€t 54, GIen Lyon Subdivision.
Applicant: GIen f.yon Office BIdg. - A Colorado Partnership
A request for a height varLance for I€t 3, Block 2, Vail
Potato Patch; Alpine Townhones IV.
Applicant: Michael Lauterbach
7. A reguest for an exterior alteratlon for a portion of Ipt 1,
BLock 2, Vail Lionshead third Fillng; vallglo lodge.
Applicant: Cra5.g Holzfaster
:
8. A request for an amend,roent to Special Developuent District 23
and a parking varLance to allow for an office expansion, for
the vail National Bank Building at 1og south Frontage Road
West, a resubdlvislon of part of Lot D, Block 2, Vall Village
Second Filing.
Applicant: vait Natlonal Bank Bullding Corp.
9. A request for a side setback variance for Vail Village Sixth
Filing, Lot 5, Block 2.
Applicant: Clinton G. Anes, Jr.
o o
DtrtrHRTMtrNT @trtr@MMUNITV DtrVtrt@FMENT
XXXXXXX
:ALEs AcroN FoRM XXXXXXX
01 0000 41330 CC}.{. DEV. APPLICAT]ON FEES
01 0000 41s40 ZONINC AND ADDRESS MAPS
1 0000 42+1s 19BB UNIFORII BUILDINc CODE
1 0000 4241s 1988 UNIFOR!,I PLUIIBING CODE
1 0000 42115 1988 UNIFORI/ MECHANICAL CODE
'r 0000 42415 1988 UNIFOR}I FIRE CODE
| 0000 42+1s 1987 NAT]ONAL ELECTRICAL CODE
1 0000 42+15 OTHER CODE BOOKS
1 0000 41548 BLUE PRINTS (MY_{RS)
01 0000 +2+12 XEROX COPIES ,/ STOrES
1 0000 42371 PENALTY FEES / RE-INsPEcTloN
01 0000 41322 OFF HOURS INSPECT'ION FEE
l OOOO 41412 CONTRACTORS UCENSES FEES
1 0000 41330
0l 00oo 4t413 ,SICN APPLICATION
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Variance Request
Lot 3, Block 2, Ftling I
Vail Potato Patch
Supplemental Inf ornation
January 15, 1990
I am requesting a varLance from the Town of Vail Municipal Code,
Chapter 18.13.075 as lt defines building heights for primary/secondary
residential zoning. I am seeking approval for construction of a
primary/secondary structure which would exceed the maximum roof rldge
height pursuant to architectural plans prepared by John Perkins, Architect.
T'tre structure is to be located in a natural ravine which opens to the
west. The site is constrained by several utility easements, Potato Patch
Drive access from the north and a natural ridge to the south which have
been referenced on the enclosed drawings. A heightened structure would not
appear to impact any adjacent property oumerts vlews, inpact safety on
Potato Patch Drlve, nor have any other negative effects.
Filling the ravine prlor to construction and calculating ridge
heights fron the new topography will nost likely be allowed on the
Llonsridge site which was the recipient of the majority of f 1l-1 dirt fron
the Post Office site. Si.milarly, we would fiL1 the site after the foundations
are comp le Ee .
As an alternatLve, it might have been posslble for us to avoid a
variance if we were to remove the top of the ridge located to the south.
However, a main water Line serving Vail is located in that easement and
Fred Haslee from the Upper Eagle Val1ey Consolidated Water and Sanitation
Dlstrlct has indicated that they would much prefer that r^re raise our
butlding rather than further undersrining their water line.
Adjacent Property Owners -Lot 4, Block 2, Flllng 1 Ralph D, Jones
2500 Que Stf,eet NW
Washington, D.C. 20007
770 Potato Patch Condo Association
c/o Slifer Management co.
143 East Meadow Drlve
Suite 391 B
Vail, Colo 8L657
Lot 6, Block 2, Flllng I
/-rd-fo Z-l>- /o
Appl ication Date .January 15, 1990/;;-ii'
This
wil I
A.
APPLICATION FOR A VARIANCE
I.procedure ls requlred
not be accepted until
for any project requesting a variance. The applicatlon
all ln-foirnation is submitted.
Ml-chae1 Lauterbach
B.
NAHE OF APPLICANT
ADORESS P.O. Box 3451
Vall, Colo 816s8 PHoNt 476-6944
NAME OF APPLICANTI S
ADDRESS
REPRESENTATIVE N/A
PHONE
ADDRESS P.O. Box 3451
Vall. Colo 8i658 PiioiiE 47 6-6e44
LOCATION OF PROPOSAL
ADDRESS 754 Potato Patch Drlve
LEGAL DESCRIPTION LOT 3 BLOCK 2 FILING I Val1 Potato Patch
E.FEE $IOO PAID cK#FR0M ufctrael Lauterbach
THE FEE MUST 8E PAID BEFORE THE COMMUNITY
YOUR PROPOSAL.
OEVELOPMENT DEPARTMENT }IILL ACCEPT
c.
0.
F.A 'list of the names of owners of all property
INCLUDING PROPERTY EEHIND AND ACROSS STREETS,
THE APPLICANT t^lILL BE RESPONSIBLE FOR CORRECT
adjacent to the subject property
and their mai'ling addresses.
MAILING ADDRESSES.(or #L
II. A PRE-APPLICATION CONFERENCE I.IITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED
TO.}OETERMINEIFANY'ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION I,IILL 8E
ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE ZONING
ADMINISTRAT0R). IT IS THE APPLiCANT'S RESPONSIEILITY T0 MKE AN APPqINTMENT
I.IITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREMENTS.
PLEASE NOTE THAT A COMPLETE APPLICATION l.lILL STREAMLINE THE APPROVAL PROCESS FOR
YOUR PROJECT SY OECMTfrFTHE NUI'IBER oF coNOITIoNs OF APPROVAL THAT THE PLANNING'AND ENVIRONMENTAL COMMISSION MAY STIPULATE. ALL CONOITIONS OF APPROVAL MUST BE
COMPLIED I^IITH BEFORE A EUILDING PERJ,IIT IS ISSTm'. ' ,
IlI. r0uR (4) cOPrEs 0F THE FOLL0WING MUST BE SUBMTTTED:
. A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND
REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS:
l. The relationship of the requested variance to'other existing
uses and structures in the vicinity.
2. The- degree to which relief from the strict or'literal interpretation andenforcement.of a-specifled regulailon is necessary to achieve corpiiibilitvand uniformit_y 9t treatment among sites in the vitinity or to iiiii;'ih;'-objectives of thJs title without grant of special privilege.
THE
or potential
February 12, L99O
o}lNER(S )pri nt
OVER
.a
PIANNING AND ENVIRONIIENTAL COMMISSION
February L2, l.99o
l,!inutes
Present
Chuck Crist
Diana Donovan
Connie Knight
Ludwig Kurz
Jirn Shearer
Kathy Warren
Dalton wil-lians
Item no. 2:
StaffKristan Pritz
Mike MolLicaShelly MeIIo
Tom Braun
Betsy Rosolack
The Planning and Environrnental Cornnission neeting began at
approximately 3:oo p.n. following Site Visits which started at
12:OO p.m. The rneeting was called to order by the vice-
chairperson, Diana Donovan.
Iten No. 1-: Appointment of PEC chairPerson and
vice-chairperson.
Kathv warren moved to appoint Diana Donovan as chairperson.
Chuck Crist seconded the notion.
VOTE:6-OINFAVOR.
Jirn Shearer moved to aopoint Chuck Crist as vice-
chairperson.
VOTE:6-OINFAVOR.
A request for an anendnent to Special Developnent
District 23 and a parking variance to allow for an
office expansion, to the Vail National Bank
Building, 108 S. Frontaqe Road a resubdivision ofpart of Lot D, Block 2. Vail Vil]acre 2nd.
AppLicant: Vail National Bank Bldcr. Corp.
Jim Shearer excused hirnself frorn this iten due to conflict of
interest.
Tom Braun reminded the Board that this was a recomnendation to
the Town Council. Ite explained the proposal by stating that
there were two parts to it. one was an anendment to the approved
plan to allow for the encLosure of two decks on the third floor
of the structure and the second part was a request for an
amendment to the parking standards to allow parking for the
addition within the parking structure at the VaiI Valley Medical
Center. Tom revie$ted the criteria for rnajor amendrnents to SDDrs
and then listed several concerns of the staff. He stated that
the staff recomnended denial of the request.
|.
Jay Peterson, representing the applicant, explained the original
requests fron the hospital and from the Doubletree regardingparking and the proposed hospital parking structure. Jay pointedout that the Doubletree had amended their SDD even though theparking structure rras not started and no condition was placed onthe Doubletree at that tine. Jay stated that the hospital has
agreed to add tcwo L/2 levels, 35 lnnediately for parking and 35at the present would be used for other things to maxinize thespace. He said that the past two approvals were not conditional
upon the parking agreenent.
He suggested to the Planning Connission that they could approvethe request with conditions concerning the start of constructionof the Hospital parking structure. Jay said the Vail National
Bank wanted to start construction l{ay flrst. They would be donein July or August. The conditions could state that the parkingstructure roust be started by Augrust 1 so the Planning Cornmission
would know whether or not there would indeed be parking
available.
Jay explained that they do have a tenporary tining problen priorto the cornpletion of the parking structure. He explained that if
one assumed the Hospital did not build their parking structure
the Town coufd revoke the tenporary c.O. and he would sign aletter regarding that.
Tom pointed out that the approved parking structure does not have
excess parking spaces but only meets the demand of the Doubletree
and the hospital. The proposed additional parking spaces have
not yet been approved.
Kristan Pritz added that at best, there night be one excess
parking spot. she also added that, although the town issupportive of adding the two L/2 LeveLs, the Highway Department
would need to be contacted for approval of the additional parking
spaces because they would contribute to additional traffic. She
continued to explain that the issue is adjacent property owners
wanting additional developnent without the parking in place.
Connie Knight stated that she felt the present Vail National Bankparking was atrocious and would recommend denial.
Kathy Warren stated that until sonething concrete ltas in place
with the hospital parking structure, she felt that the Bank
should provide some temporary parking. AIso, that the existing
parking should be addressed because, at present, it is already a
problen.
Jay stated that the Bank did neet parking reguirements now.
Chuck asked if the Bank wanted to purchase additional parking
spaces that were going to be constructed but were not yet
approved. When he was told that was correct, he wondered what
would happen if the structure was not constructed. Jay stated
that the vail National Bank would have to exercise their option
for the additional spaces that they were renting before receiving
a building perrnlt. Ctruck felt that with that restriction, he
would vote for the reguest.
Datton stated that he had wanted to lease a space in the Vail
National Bank for his business but he could not get parking along
with it. He asked if they could request a parking study to see
exactly what the needs really were at the vail National Bank
Building. Dalton wondered if they were too premature in tryingto vote on the project. Perhaps the hospitaL could cone in with
the proposal for the additional parking first.
Kristan felt that they were prenature but that it was an issue
for the Planning Connission to decide.
Ludwig added to DaLton's renarl<s. He felt that he would have to
say no to the proposal at the moment. Ludwig asked what the tine
table was for construction.
Jay said that it would be okay to table the issue fot 2 weeks.
He added that he feLt it was unfair of the Planning Commission to
nake the Bank provide more parking than is really required-
Diana asked that if there were more spaces needed than were
originally required, if it lilere possible to still reguire more.
Kristan said she would discuss it with Larry.
Tom explained that Larryrs feeling is that if they are conplying
with the code, he was reluctant to say whether or not they could
ask for urore parking.
Kristan rernarked that if the bank was planning to lease parking
spaces on a pernanent basis it rnay alleviate concerns for the
future.
Diana had the same concerns as the otber planners and said that
the Planning connission could deny the reguest, table it or they
could approve it with conditions.
Jay stated that with conditions the Town would have absolute
protection that the spaces wilt exist by the end.of the faII and-it would be easily enforced. Ton stated that this was not easily
enforced.
Jay pointed out that the conditions would work, that the VaiI
National Bank would not be able to take out a buiJ.ding pernit
until the construction of the parking structure began and they
could get a Tco when the parking structure itas substantially
conpleted.
Kristan stated that the board needed to realize the wl-shes of,
and the nunber of entitieE involved. She was concerned aboutgetting a TCO before conpletion of the parking structure. She
added that the Bank is not under constraintE that were inposed on
the Hospital. Unusual circumstances were put on the Hospital
because of the staging and she santed the board to keep in rnindthat the action on the bank proposal was a real precedent and
needed to be looked at very carefully. Jay sald he felt that thevail National Bank was in the same positlon as the hospital.
Datton asked if there was a contract between the Bank and the
Hospital . Kristan answered that lt was not officially approved
yet.
Diana suggested tabling for two weeks and Jay agreed. Ton asked
Jay to put the conditions that he had suggested in writing.
The rnotion was made by Dalton tlillians and seconded by Chuck
Crist to table the natter for two weeks with the condition that
Jav would draft and submit conditions to Kristan within one week.
VOTE:
ftem No. 3:
6 - O - 1 (with Jirn Shearer abstaining)
A recruest for an exterlor alteration to the
Vailcrlo Lodae on a portion of Lot 1, Block 2. Vail
Lionshead Third Filinq.Applicant: Craiq Holzfaster
Tom Braun described the request as a nodest one. That the
Vailglo wanted to add two entries plus a porte cochere. They
also want to put up a gate and do additional landscaping on the
West side. Tom reviewed criteria and said that it would be as
outlined in CCII zone distrLct and the Vail Lionshead Urban
Design Guide Plan in addition to Etandard zoning considerations
such as set backs, site coverage, parking etc. However, since
the Lionshead Plan focuses prinarily on the pedestrianized mall
area of Lionshead and the vailglo L,odge is located outside the
main pedestrianized area of Lionshead' most of the review
criteiia hrere not directly relevant to the Vailglo proposal.
There hrere no sub areas directly affecting the property. As far
as cornpliance with the Urban Design Considerations for Lionshead,
the relevant issues ltere massing, roofs, facade-walls, structure
and accent elenents. The propoeal seened to be in conpliance
with these elenents. Ton polnted out that the proposal is also
consistent with zoning considerations in the CCII zone district.
The staff reconnendation was for approval . However, in
evaluating this gite the etaff felt that landscaping inprovements
are needed on the berm on the Frontage Road. Landscaping in that
area would screen the parking lot and in conjunction with
improvements that would be made to Lrostello, it would greatly
inprove the streetscape in this area.
The staff recornmended approval with the condition that the
proposed landscape plan be revised to include improvements to the
bern between the parking lot and the south Frontage Road.
This revision is to be nade prior to the Design Review Board
Review of the proposal .
Kirk Aker, Architect on the project, stated that landscaping on
the back berm provided very little advantage for users of
Vailglo.Jin Shearer stated that he would like to see the entire Frontage
Road landscaped. He also added that he wanted to see the
durnpster on the Southwest corner incorporated in the l-andscaping
p1an.
Kirk said he would like to discuss these landscape issues with
his client.
Kathy felt that an enclosure or screen for the dumpster sbould be
part of the conditions to the Design Review Board.
chuck Crist agreed with the need for landscaping on the Frontaqe
Road and the screening on the durnpster. He said that he was
unhappy about the fact that the tops of the pine trees were sawed
off to allow the sign on the wa1l of the vailglo to be viewed.
Dalton felt that the bern needs to be high and there needs to be
better landscaping, because on the Interstate one can see the
parked cars.
Diana stated that with all the signs on the VailgJ-o the berm can
be built up a bit.
Connie nentioned that the proposal did look nice to her.
The motion nas rnade bv Kathv Warren and seconded by Chuck
Crist to table tbeiten-
VOTE:T.OINFAVOR
ften No. 4: A request for a rninor subdlvision and zone chanqefor Lots 4 & 5, Block 2, Biqhorn First
Addition.Applicant: Sable/LupinePartners, Ltd.
Mike MoIIica explained the proposal . He reninded the board that
they had had a work session on this iten two weeks prior. He
explained that there were two parts to the request; a zone
change and a minor subdivision.
The reguest for the minor subdivision would create four singlefanily lots fron two duplex lots and the zone change was forsingle fanily zoning.
Mike reviewed existing zoning and the criteria to evaluate a
zone change. one item was the suitability of the proposed
rezoning. The staff felt that the proposed rezoning would be
consistent with the Townts objectives and would not increaseoverall density.
Mike showed a map which indicated large areas of snow and debrisflow, red hazard and blue hazard avalanche zones within the
boundaries of the two lots. He explained that the applicant was
proposing to mitigate the hazards either by constructlng large
benns or direct rnitigation which is structural strengthening of
the buildings. He said the applicant wanted to keep open the
options of which type of roitigation to use, and would prefer to
have tbe individual lot olrners deci-de the method for themselves.
Mike continued to explain that the staff felt very strongly that
the proposed berming nethod of nitigation was unacceptable. rt
was fett that vehicular access into the woods to construct the
berm would create additional scaring. Another concern of thestaff was the four driveway cuts proposed and the staff
recomrnended a maxinun of two driveway cuts.
The second criteria was whether or not the anendment presented a
convenient, workable relationship within land uses consistentwith the municipal objectives. trlike stated that the staff feltthat single family residential zoning was consistent with
adjacent land uses and was conpatible with the neighborhood.
The staff was in favor of the proposed staggered setbacks along
Lupine Drive. However, one concern of the staff was the
applicantsr reguest for GRFA. The existing allowable GRFA is
l-3,2gS square feet. The applicant is asking for 14'390 square
feet. The staff was not in favor of that increase.
The third criteria was whether the rezoning provides for the
growth of an orderly, viable connunity. The staff bel-ieved that
the rezoning would provide for the growth of an orderly andviable conmunitY.
The staff recornrnendation was for approval of both the requests
with ttre following conditions of approval:
1. That the Town Council approve the zone change
request before the Planning commission chairperson
signs the plat.
2. That the platprohibits thenitigation.3. That the plat include athe total allortable GRFA
include a restriction which
use of berming as a method of hazard
restriction which linitsto 13r295 sguare feet.
4. That the plat inctude a restriction liniting the
nurnber of driveway cuts to a maxirnum of two.
Michael Perkins, architect for the project, stated that the
applicant would prefer to be allowed some flexibifity in the
solutions for nitigation of the hazards. He passed out a draft
resLrictive covenant proposed to be used for hazard mitigation.
rt stated that the use of berrns as the sole or prinary method of
nitigation of naturaL hazards be prohibited and that the use of
berni, retaining walls or other rnitigation devices less than 6
feet in height lnay be used in conjunction with direct rnitigation
of the structure. He continued to explain that the reason they
were asking for extra GRFA is that it would cost more to do
direct nitigation. This, according to Perkins, would off-set
their cost.
Marty Abel, property oltner, said that his engineer confirned that
each dwelling unit woutd cost about 24 thousand dollars to do the
direct mitigation and that that was how they arrived at the
additional sguare footage for each unit--270 more square feet per
unit.
In regard to driveway cuts Michael Perkins felt that with four
cuts it would be 50t less traffic as opposed to two cuts and he
fett that if they were neeting the single faurily restrictions
they shoutd have single farnily allottance of one driveway pgr
-unit. He said sharing a driveway is part of what makes a duplex
not as pleasant as a single fanily house.
Marty Abet said he would agree to covenants that restrict large
berrns. However, he felt the best way for nitigation was site
specific, not necessarily direct nitigation. He felt the wording
on the restriction should satisfy each reguirement for
construction and felt that excluding aII berming was unfair. He
fett that the covenants could say that berning would not be used
as the prirnary nitigation nethod.
Kathy asked hin that if he did not want to go along with any ofthe staff recommended conditions. ttlarty that they would go alongwith itens #2 and *3 but not #4. Kathy was not very confortablewith ttre statement that said that they could only do a certaintlpe of rnitigation and asked Kristan if it would be appropriatefor the applicant to cone back to the Planning Cornnission if
berming is proposed. Kristan ansuered that the condition was
related to the subdiviEion reguest and therefore must be dealtwith now.
Kathy felt that the correct way to do thls was to come back with
a design and discuss nitigation.
Marty felt that the prinary nethodbut felt it was unfair to restrlct
Kathy was not comfortable allowing
the drive cuts, she had no problen
should be direct nitigation
berns conpletely.
additional GRFA. Regarding
having four driverrays.
Dalton felt that the applicant could be pernitted additional GRFA
since it would be allowed under single fanily zoning, which is
what they were requesting. Dalton also preferred the sentencethat allowed retaining walls or ber:ns less than 6 feet in height
to be used in conjunction with direct nitigation.
Connie asked if with hazard nitigation was a concern of the
Planning Comnission. Kristan answered that the Planning
Comrnission needed to consider any concerns that were part of aproposal. Connie was in favor of two driveway cuts, did not
want an increase in GRFA and felt that the nitigation should
probably be in the structure itself. She also felt that there
shouLd be some warning of the hazard on the plat.
Jirn had no problen with four driveway cuts. He spoke of the
reconfiguration of the lot lines and felt that this type of thing
should be discouraged. He wanted the GRFA to stay the same as
that which was originally on the lots. With regard to
mitigation, he felt tbat if they need both tlpes of nitigation
then both types of nitigation should be pennitted.
Diana stated that developersr financial concerns cannot be a
consideration of the Planning Connission. She felt that four
driveways were better than two and that the GRFA should stay the
same. She stated that the Planning Conrnission has not previously
given additional GRFA when changing zoning. She suggested
possibly adding a condition that said trees over six inch caliper
cannot be removed. She wanted the setbacks shown on the plat and
covenants for all four lots.
Chuck asked if the total square footage restriction would be
placed on all the lots. Mike answered that this would be part of
with the covenants.
A motion was made bv Kathv l{arren and seconded,bY Daltonwilliirns to reconunend annioval of a rninor subdivision to the
Town Council based on the staff nemo with the following
conditions:
1. That the Town Council approve the zone change reguest
before the PEC chairperson signs ttre plat.
2. The the following restrictive covenant be placed on the
subdivision: rrThe prirnary rnitigation of natural
hazards on the property shall be through direct
nitigation of the structure, and the use of berns as
the sole or prinary nethod of nitigation shall beprohibited. Berms, retaining nalls or other nitigation
devices less than six feet in height may be used in
conjunction with such direct rnitigation.rl
3. That the following restrictive covenant be placed on
the subdivision: I'The total allowable GRFA for the
subdivision shall be as folLows; L'ot I = 313oo square
feet, Lot 2 = 31300 square feet, L'ot 3 = 31300 square
feet and Lot 4 : 3,395 sqluare feet. The total GRFA
shall, be 13,295 square feet.rr
4. The front, staggered setbacks shatl be indicated on theplat.Lot l. = 40 foot front setback
T-at 2 = 20 foot front setback
L'ot 3 = 30 foot front setback
Lot 4 = 50 foot front setback
VOTE:
L2. L990.
VOTEs 7-OINFAVOR
Item No. 5:
A notion $ras made by Kathv Warren and seconded bv Ludwio Kurz to
approve the zone chancre based on the staff nemo dated Febnrary
Connie removed
Gods stating a
herself fromconflict of
the discussion of the Garden of the
interest.
Fanilv
Kristan Pritz presented the proposal to the Board. she started
out by saying that the applicant had decided to have only a
worksession.
Mr. Don Hare, representing Mrs. Hill, discussed the proposal . He
concurred with the staff and reasons for the proposal . He said
the owner will tear down tlre bultding and build a new one.
Regarding the concerns of tlre Vorlaufer residence, he said he met
with then and considered rotation of the building but will stilL
need to anend the SDD.
Art Carol , a resident of the Vorlaufer, asked when this would be
proposed to coroe back. Kristan answered that this would be on
the 26th of February, but that she felt it would be helpful to
hear his concerns today. The naln concern is the effect on the
view of the mountain and he questioned whether there was sone way
that this could be lessened. There followed a long discussion of
views, aroount of encroachment and View Corridors.
Iten No. 6: A request for an exterior alteration for
Condominium Unit #3 in the Gore Creek Plaza
Building at 193 East Gore Creek Drive. Block 58,vail village FlrBt Filinq.
Mike Mollica presented this proposal . He had a letter of
approval fron the Condoniniurn Association.
The owner of condominiun #1, next to the condominiun that was
proposing changes objected to the locatlon of a balcony. She had
two concerns. The first was sharing the balcony and the second
was the fireplace venting. This was dlscussed and it was decided
to elirninate the balcony, and the fireplace would be vented to
the east, three feet above unit fl's operable windows.
for approval with conditions.
Conditions: 1.
VOTE:7-OINFAVOR
The Balcony be removed from the comnon
wall.
The fireplace be vented to the East
about three feet above the window per
the staff memo.
2.
Item No. 7:
ShelIy Mello explained that the applicant requested to table this
iten for two weeks.
A recruest for a side setback Vafiance for Lot 6'
Bl-ock 2. vail villaae Sixth riling.
Applicant: Clinton G. Ames, Jr.
10
sh4ru
The motion was nade bv Kathy !{arren and seconded bv Jin Shearerto table this iten until Februarv 26. 1990.
VOTE: 7-0INFAVOR
Item No. 8:
Anollcant: llichael Lauterbach
The request is for a height variances ranging frorn two to nine
feet. Tom Braun presented this request and slrowed site plans and
surveys. He explained that the project would involve altering
existing grades by filling in low points throughout the lot. An
existing easernent- is also referenced as a hardship affecting siteplanning. Torn pointed out that the history on the lot was
relevant.
Sornetirne in L976 excavation litas begun for a residence. The
excavation dramatically altered the grade and then this past
summer the applicant began filling the lot without approval frorn
the Town. fhe factors were relevant in deternining what is the
existing grade of the lot. Tom also added that considering the.
grade of the lot after the 1976 excavation would impose an unfair
hardship on the applicant because of the hole that had been
created on the lot.
T$ro surveys were subrnitted, one showing essentially existing
conditions and one showing the conditions of the lot prior to
excavation in 1976. The staff determined that the nost
reasonable survey to use was the one that was done prior to
excavation in 1975. This approach is also consistent with other
decisions made by staff concerning lots that have been disturbed.
Tom continued to discuss criteria and findings. The staff felt
that granting the request would be a grant of special privilege.
The staff recomrnendation was for denial . The staff could see no
legitimate physical hardship to allow for ttre variance. The
stiff feft tnit the proposed design showed little consideration
to the grade of the propertY.
Mike Lauterbach, the applicant, took exception to the staff memo.
He felt that he could conform to ttre required regulated heigbt if
there were not a gas line in the easement. He felt that he coufd
drop the house nine feet into the ho1e, cornpensate by alJ.owing a
foui to six foot height variance or fill the lot cornpletely and
start from scratch. He then pointed out that the Lionsridge
subdivision had filled a whole ravine. He felt that the Potato
Patch subdivision would be best served if the house were built to
the highest and best use for this site. He stated that without
filting the J-ot, there would be no views of the ski mountain.
Alnine llownhomee IV.
11
t
Gary Bossorr, a property olrner who lives two lots away, agreedwith both l,like and the staff in that you could fill and build but
he said 10 feet over the height restriction was excessive.
Kristan explained that in construction, tlre existing grade must
be used and persons were not given pennission to dunp dirt and
ttren build on the lot later on.
Chuck asked trow the Lionsridge eubdivision obtained approval and
Kristan said that the planning Connisslon had given approval for
a total site plan
Gary Bossow stated that rnaybe the lot was not deslgned to have a
view of Vail Mountain. Ludwig Kurz then stated that with really
creative plans you could inprove the situation without reguiring
a variance. Lauterbach said that he felt that Ludwig was
suggesting that he point the house down the valley but that was
not what he wanted to do.
Connie asked if it was permissable to flll lots and Diana
explained that they could fill tr'ern but they still must use the
original grade in considering height restrictions.
Mike added that the ridge was artificially high and that was a
hardship and that the easement ltas as big a problem as the low
point on the lot. Diana said she could not find a reason for the
variance, and that the lack of a view is not a hardship. Mike
asked about the easenent. Kathy asked if the easements ltere on
the lot when it was purchased and Mike stated that they were.
Diana wondered if the Planning Conmission didnrt often give
variances for easenents. Tom pointed out that there rtas still
plenty of land to build on.
At this point the board discussed other ways and places that the
hone could be built.
The notion was made bv Kathv l{arren and seconded bv Lgdwig Kurz
for Denial based on the fact that there was no hardship Proven
and per the staff meno.
Jin stated that he felt that the home needed to be redesigned.
Diana said she was not convinced a variance was needed.
Bossow asked what kind of hardship Iauterbach could possibly
have.
Diana expressed a need to look at the lot again.
Mike asked how the Lionshead subdivision had gotten an approval
and Kristan explained that they went before the Planning
cornmission requesting a fill and grading pernit.
Mike Laterbach said he would like to table for two weeks and
present a grading plan.
L2
Ludwicr withdrew his second.
Tom reminded l,[ike that if the lot rtere regraded, the engineer
would need to look at the whole project and the other lots
affected. Mike said he thougtrt he could come back with a
revised grading plan and asked to table.
Diana asked Kristan if you could look at all tbe lots that had
been filted. Diana stated that the Planning Cornnission had
allowed gullies on lots to determine whether units could be
separated. Dalton said if the ridge were artificially raised
that that seemed to be a factor.
VOTE:
Iten No. 9:Discussion of revisions to Zoning Code. Siqn Code
and Desiqn Review cuide.f:irles",-
Ton explained to the board that there lras a need to revise
existing developrnent reg"ulations, that over time a number of
small and relatively isotatea issues and problens with the codes
had arisen. He asked that the Planning Board take a
comprehensive look at the regulations.
He stated that he was interested in the big picture percePtion of
existing guidelines, for example do the codes only need
refinernents or are they in need of a roajor overhaul? can the
relationship between -DRB, PEC, and Council be improved with
regard to tire developnent review process? Is the existing review
process cumbersome and s1ow, not thorough enough or adeguate.
ion wanted to know what the problens were and wanted input for
the RFP.
Diana felt that it was not a good thing to rewrite the zoning
code and that she also felt that it hras not a good thing to hire
an outsider. She sirnply felt it needed to be tightened up.
Torn explained that it was extrenely valuable to bring in fresh
eyes to look at the zoning code.
Kristan explained that when they did choose a consultant the
staff and -Board would have input. They wanted to work with the
Board and council but felt that a fresh look was irnportant.
Diana felt that there uere very few ninor problens. Cbuck tended
to agree with Diana, he was very opposed to hiring an outside
consultant.
13
Jirn felt that we did not need najor Lnvolvernent of an attorney to
oversee the project.
Dalton did not feel that an outsLde consultant was necessary.
He said that the consultant would be pald to study rules that thestaff was already fanlliar with. Dlana stated that everyone that
works with the code knows the problens already.
Kristan extrrlained that the staff waEnrt advising a total overhaulof the zoning code, but'that she has seen the use of nany loop-
holes and she felt the need for consultant assistance wasinportant, especially given the existing staff level in planning.
Dalton wondered if you could get an outside adviEors in certain
areas without hiring a consultant.
Diana expressed that fact that usually ideas seened to come frorn
the community during the public hearings.
Kristan said that there would need to be some tlpe of consulting
tearn and that the staff was not in the position to work on this
because of their rtork Load. Kathy felt that this was not an easyproject, that there were broad range issues to consider and that
the County regulations and those of the Town should fit together
better.
Kristan said that it sounded as though the PEc wanted a lead
person with consultants as needed. But she reminded then that
they would need an Attorney for rewriting the code. Jim statedthat he would like to see clearer linee between the Planning
Commission and the Deslgn Revlew Board. Tom agreed that total
revision was not necessary.
Kathy liked Chuckrs idea of having localsr input, but felt there
were many locals that were self senring.
The discussion ended.
L4
Jin Shearer was concerned about the columns on the corner. Hefelt they were very close to the building and Gordon discussed
opening that area up more.
Dalton discussed the parking reguirements and wondered if withlarger rooms, they would not necessarily need to have more cars.
Kristan said that they could try to get more parking nurnbers from
studies on parking nitigation conpleted last year.
Jim Shearer said that he would like to know, excluding the
Austria House, the number of employees now and the nunber that
there would be later. Johannes said that he had 250 employees
nolrr and did not anticipate needing nore employees, because 35 of
them were used at the golf course in the sunner only.
Chuck Crist said he would also like to see parring calculations.
Gordon said that when the parking ordinance was written, there
were no rrVans to vail and that was how nany people traveled toVail which has reduced on site parking demand by gruests.
ftem No. 6: Eacrle County referral--545r tall transnission
tower located 2.3 rnil.es N.W. of the West Vail I-70
interchanqe.Appticant: Global American sites
Item No. 6 lras
Item No. 7:
Kristan gave the history regarding this itero.
Dalton asked Mike Lauterbach vhy he made changes without Town
approval. and Mike responded that every step of the way he was
told he had additional GRFA remaining. He ltas told be had 200
sg. ft. on the east side so he could transfer this to the west or
larger side.
%
Kristan replied that
60/40 zoning split.
Dalton said that the
changes and needing
responded that ninorstaff.
Board talked a few weeksto come back with changes,
changes can usually cone
ago regarding
and Mike Mollica
back just to the
when the project was approved there was no
So the 60/40 split was not an issue.
postponed until after Item No. 7
13
Minutes
PEC 8/27/90
Kristan stated that when plans come in for the building pernit
reviehr, the architect should tell the staff that additional sq.
footage had been added and the change should be carefully
checked.
Connie asked if Mike had ever had this sort of problem before,
and Mike Lauterbactr responded that he had to fill a crawl space
last year in the clen Lyon Subdivision, but to fill the crawl
space was inpossible on this site because it would crack the
concrete lrall.
Diana said that she was slmpathetic that the staff made an error
but that the Board had to follow Section 303 (C) of the Uniforrn
Building Code.
Larry Eskwith, the Town Attorney, asked Mike that when he got tbe
building pernit with GRFA nunbers on it, why hadnrt he responded
when he saw that the number on the pernit was different from the
one found on the DRB plans. Mike replied that he didn't focus on
it. The pernit nunber doesntt natch any other numbers. He also
spoke of many planners working on his project.
Kristan stated that one planner had worked on his project.
The Board excused themselves and went into executive session.
When they cane out, Dalton asked llike Lauterbach how long he had
been building and Mike replied L5 years. Dalton asked how many
buildings he had done and Mike replied 4 or 5 duplexes in Vail
and 15 structures County wide.
A motion to uphold the staff decision and denv the appealper the staff neno hras made bv Kathv warren and seconded by
were based on Uniform FuiLdinq Code Section 303 (Cl .
Validitv of the Permit.
VOTE: 6-1 WTTH CHUCK CRIST AGAINST THE DENIAL OF THE APPEAL
Mike Lauterbach asked if they had voted to bring the crawl spaceinto confornance and Diana stated that they voted to uphold thestaff decision.
Ludwig said he felt that the staff decision was correct.
Dalton felt that the staff memo was correct and that he felt alsothat Mike Iauterbach was knowledgeable and a competent builder.
14
Minutes
PEC 8/27/eO
Chuck Crist agreed with the staff concerns and voted against theappeal. He felt nodifications had been made.
Diana felt that Mike lJauterbach shoul-d have been given GRFA egualto the original corrections and the staff errors but not theother overage.
Kathy felt that the staff decision was correct. She felt it was
unfortunate that there were discrepancies early on in the pernit
process but felt that the Section 303 (C) of the Building Code
covered that.
Jim Shearer felt that the letter of the Law was being followed.
He said they were not being asked to rule on a variance so they
could not grant one. They were only asked to decide whether or
not the staff had acted appropriately.
Kathy felt that a rnodification nas a forn of a variance and a
variance required a hardship.
Connie said that she was swaying back and forth. If this had
been Mikers first house she would have been nore favorabl-e but it
was not his first house.
Mike Iauterbach replied that it boils down to the fact that, rrlf
Irm experienced, I canrt nake mistakes.tl
Diana said. rrAccording to Section 303 (c) of the Unifort Building
Code, the Board had to vote on whether or not the staffrs Stop
Work Order was correct.
ftem No. 6: Eaqle Countv referral--649r tall transmission
tower located 2.3 niles N.W. of the West Vail/f-70
interchanqe.Applicant: Global American Sites
Andy described the tower and revieued the issues.
Diana felt that the tower that existed was extremely visible anddidnrt feel there was any need to add to the one tower.
Jin Shearer asked how rnany dishes would be on the tower and wouldthe other antenna be taken down. He feLt that he could not
support the strobe lights and that there should be naxinum of
four lights on it.
Kathy lgarren agreed with Jiur Shearer and wondered what inpact
there would be fron guide nires.
15
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Lot 3, Block 2,
Vall/Potato Patch
GRFA Reductlon
August 30, 1990
Space Dlmens ions
BeglnnLng Balances
Garage
Credit
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IJ
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11 LL/3 x LL/O
Total Reductlon
Reduction Required
Net
LL/6 x 2/o
5/6 x 2/O
L2/2 y 2/O
7/9 x 3/3
616 x 3/4
8/3 x 4/o f
6/9 x 210
710 x 2/6
519 x 2/o
8/0 x 2/7
4/3 x 2/O
8/0 x 2/o
LO/6 x 2/o
6/8 x 4/o
5lO x 2/6
3/2 x 2/o
6/6 x 2lO
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T"n
Michael Lauterbach
6-7o -1e
Lot 3, Block 2,
Vall Potato Patch
GRFA Reductl.on
Elevatloo and Sectlo'n Detail
August 31, 1990 4Ec'rr oN
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Ptl u oroJ\rC.Fl<€
Planning and Environnental Conmission
Connunity Development Departrnent
Augrust 27, L99O
TO:
FROI,!:
DATE:
RE:
I. DESCRIPTION OF TIIE REOUEST
Mike lauterbach, tbe owner of Lot 3, Block 2, Vail Potato
Patch, has appealed a decision of the planning staff
concernLng the detetnination of GroEs Residential Floor Area
(GRFA)for this lot.
The staff position is that the Pritnaryr/Secondary structure,
which is currently under construction, is presently 881 8q.
ft. over the allowable GRFA for the site.
II. BACKGROI'ND AND HTSTORY
A. on l-tarch 7, Lggo the Deslgn Review Board granted final
approval for the applicantts Prinary/Secondary.reiidence. Drawings Eubnitted for the DRB review
indicated that 294 sq. ft. of GRFA was remaining at
this tine. fn other words, the applicant had not
utilized the ful1 GRFA available for the site-
B. On Dlarch 14, 1990 a building pernit was issued to the
applicant for the construction of the Prinary/Secondary
relidence. ModificatLons were made to the apProved DRB
drawings, however, a buildlng permit was issued- said
nodifications included the addition of 499 sq. ft. of
GRFA. This additional fl.oor area put the structure 205
sq. ft. over the allowable GRFA for the site.
c. On August 3, X99O a Stop Work Order was iEsued by the
Conrnunity Developnent Departrnent for this lot. The
reason for this Stop Work Order was that the project
violated the allowed GRFA for the property. fn
addJ-tJ-on, dLscrepancles wlth regard to approved
retalning salls versus constructed retaining walls was
also noted. The walls currently on site are not built
per the approved building petmit plans.
K"th - ne",; ry- T-! ; ,/,"-1 ;4 vY r { dtet .*v a4*t&6 .A .&f . Fil/.V 1r*,1 o.- uBc
zd -L4 '*fr"tr t'^A'
3n((>
FtL t cuPr
An appeal of a staff decision concerning GRFA for L'ot3, Block 2, Vail Potato Patch (754 Potato Patch Drive).Applicant: llike Lauterbach
Y,+1. b- ( G.,\
i
_-!
D. ,' On or about August 15' 1990' the appllcant submitted a
., ' revised eet of drawings for the property. At this tine1" the appllcant indicated ttrat there ltere certain
nodiflcations nade to the structure not in conforlllance
with the approved DRB plans. Upon analysis by the
staff, theee nas-bul-ltn plans indicate that the proJect
Ls now 319 Bq. ft. gref the allowed GRFA for the site.
In addltion to thl-s, an over-excavated area of
approximately 562 sq. ft., vhich is located beneath the
existJ.ng garage on the east half of the duplex, would
also need to be counted as GRFA. In total , the project
is gg1 sq. ft. over the allowable GRFA.
E. On August 17, 1990 the Town staff made the
detemlnation that lt is not withln our adninistrative
po!iler to negotiate a solution to the GRFA problen,
beyond what is aLlowed by the zoning on the property.
The staff posltion ls that the proJect must conform to
the allowable GRFA on the lot. The Zoning Code does
not give the Etaff any discretion to approve a GRFA
overage.
III.
Section 303 (c) of the Unifom Building code--y3!i4,ily-€
the Permit also relates to the GRFA issue. It states:
rrThe issuance or granting of a permit or approval of
plans, specifications and computations shall not be
construed to be a pernit for, or an approval of, any
violation of any of the provisions of this code or of
any other ordinance of the jurlsdiction. No pernit
presunlng to give authority to violate or cancel the
provisions of this code shall be valid.
The issuance of a pernit based upon plans,
speclfications and other data ehall not prevent the
buifdins official from thereafter requiring the
correction of errors ln saLd plans, specifications and
other data, or from preventing buildlng operations
being carried on thereunder when Ln violation of this
code or of any other ordinances of this jurisdiction.rl
IV. DECISTON REOUESTED OF THE PEC
The PEc is asked to review the applicantrs appeal and,
pursuant to Section 18.66.030 of ttre Toltnrs Zoning code,
Litner confirm, reverse or nodify the action of the Zoning
Adninlstrator.
<D
DESICN REVIEI{ BOARD
ailE c8€cr Fc sn, l, lPl3 rErlE DISTRICIS
DAIE:
LEGAL : LoT 3LCr
ADoRESS!
OOIER:
AICfl I TECT:
l0l SIZE: 20,909.0
ZOIE DISTRIST:
GR'A AtLdfD q SI'E
ALIqf,D SITE OOI'ERAGE
SIIE COYETAGE IJSED
SITE @rrEr GE tElttlurc
ulDscAPE oorEn^cE
TflAt GnFA USED Ol SITE
?fiP06EO USE:
R P/S
T
s
E
c
0I
0
AII
'L@T
TOTAI
SASEI€XI SC.IT. 0.0tsr. tLu sc.FT. 1,075.0
axo, ,tot sxl.tr. 1,035.0
tRD. rt6t se.Fr. 662.0
toFT rt@t se.rr. 0.0lo?ALs 2,7n.0
CnEDlt T0Tll3 ,G R.tp.c.. 2.0
GRFA ^Ltqf,D 6,341.0
r0rAr c'tEDtrs %1.0
GRFA USED 1,811.0
cRtA tErAlttlc 2.530.0
cREDlts tE||AtltG
lr r. sc.fl. ?fi sEoolo^tY ullT
SIATUS Of SSoO|DARY UIIT a 40t
3rr tEsYT
3,:t41.04,lEl.t
2,tgt.0l,34l.l
12'.'l.5.(
1,U7.0
1,7X.4
17a.6,
tEcfi. sT ll0.0 0.00.0 0.00.0 10:1.00.0 97.00.0 0.00.0 200.0T0l^l Gt0s30.0 200.0
50.0 0.0
IECfi. STllt40.0 0.00.0 107.00.0 t00.00.0 0.00.0 0.060.0 207.0TotAt Gtossa0.0 207.0
FIIITG
PllolE t
PNO'E '
t0.0
60.0
GATAGE SIdACE0.0 0.0584.0 t*.00.0 21.00.0 8.00.0 0.0584.0 134.0
584.0 13.0
16.0 66.0
GARACE STOIAGE0.0 E0.05tt.0 55.00.0. !1.00.0 0.00.0 0.055t.0 166.0
t55.0 166.0
a5.0 14.0
6t.0 100.0
ATttOCT YDTD0.0 0.00.0 0.028.0 lE.o0.0 0.00.0 0.02E.0 tE.os.jr. 2,7n.O25.0 18.0
(3.0) 0.0
ATRIOCK WID0.0 0.00.0 0.02E.0 28.00.0 0.00.0 0.02E.0 2t.0
80.Fr. 3,257.0E.O 2t.0
(1.0, 0.0
(6.0) 0.0
tL@R l0TAl
SASE|{EXI 30.Fr. E51.0P 1ST. ttm SQ.lr. t.125.0
R ao. ;tcn sc.Ft. 1,06t.0t 3RD. rrq $.n. 0.0t toFT Flq se.ir. 0.0r roru3 3,47.0IY CnBtl tollls lG n.rPrl 2.0
GnF ALTCHED 2,530.0u loT L clEDlrS t.021.0r GiFA iJSED 2,&.O
t ;tnFA lBrAtltrc l 494.0t crEDtrS lBlAtlrc
loTAt uusED clEDtTs 21t.0
0.0
0.0
3 BUILDITIG PERTIIT
zoE crccf Fot !tt, l, lPlt zqE Dl8ltlgrS
DAIE:LEGAL: LOT ItH
'ILIMlDlEss:qflEl!
ltclillEGl:lol IIZCB 20,S9.0 tlO@ lrSE:
2ilE Dlmtgt: ttl
BF lLqfrD il $tl
ttLq|ED $lt 00YEr ct
3trE cqrEucl l,lEo
8trE oortR|/ct llt lttlc
tlllosQlPc OOYEIIGElor r GrfA lrED c 3ttlr . $.tr. tc 3toD|rl ltll
SrAlrr3 0f ttosllv ur a ad
YTI
a.31.04.ttt.t2.8t.0t.Ll.E
ta,ta'.aa,%.0l,f!L.a
|2m.6'
EOt. tt tt AtlL6 rorD0.0 0.0 0.0 0.00.0 0.0 0.0 0.00.0 ila.o u.o r3.00.0 96.0 0.0 0.00.0 0.0 0.0 0.00.0 2t0.0 26.0 t3.0rotAt crsS tn.fT. 2,995.00.0 210.0 25.0 |l.0
t0.0 0.0 (t.0) 0.0
ECr. SrAtR lntg u0r00.0 0.0 0.0 0.040.0 ttt.o 0.0 0.00.0 t06.0 29.0 lt.o0.0 0.0 0.0 0.00.0 0.0 0.0 0.0a0.0 ert.o 29.0 ll.0tgt L cqss sc.tl. l,6ll.0a0.0 215.0 2'.0 tt.o
'|0rE,nqE,
ttm rgTAt
lAsEl€rT SC.FI. 0.03 1ST. rt8 SC.FI. t,160.0E ap. rrm so.n. l,tlE.0c 3rD. rlm se.tr. 717.0o roH rrm sc.tl. 0.0r rorlls 2,995.0
0A CtEDtr ?orAtst cr;A ALLqf,DY TOTAL CIEDITS
clf^ rrtEoclf^ lExAttlrc
CIEDIT3 TAAIIIG
ftrf .rprcer 2.0a,y1.0
gEE.O
2.007.0
2,l3(.0
.ruct nctE0.0 0.061t.0 tz.o0.0 26.00.0 6e.00.0 0.06tt.0 t40.0
.t@.0 t40.0
(rt.o) 60.0
cauct tTctGE0.0 t9.0tt5.0 tl.o0.0 52.00.0 0.0tt.o 0.0603.0 t74.0
tt00.o 174.0
(l.0, u.o
(2t.0, tt.0
lE l ?/s
0.0 (a.0, 0.0
0.0 (t.0) 0.0
flm lolAlusErn sa.Ft. 95E.0t tst. rrd sc.Fr. 1.46.0l ao. rrd sc.fi. t,l6t.0| !t0. ;!qn sc.tt. 0.0r tr rsrEr c crcoll 0.0A rcrrls 3,6t1.0
If Cr€Dtt rcTr!3 ,Grn.3ps.. 2.0
GntA AiLm 2,184.0u lorAL crEDllS 1.0?12.0t GnF^ uSED 2,539.0t crFA larlilrc (20t.0tt cuDlt3 lHlrIrG
ror^r uustD ctEDrts 120.0
10.0
.l0.0
AS.EUILT
zilE cltEcx Fc stl, l, lPls zflE DlsTttfis
oAtE !IEGAL: tor ltcr illlrc
ADDRESS!qflEt: Pfl{xE I
^lC[tIECt:
PtlOlE,
tol SIZE: 20,909 PIoPOSED USE:
ZOIIE DtSTttgr: 3fR tES t P/3
frot T0TAI,
SASE|{E|[ SO.Fr. l,tmlsl. troon so.F?. 1,171
zxD. ir@R !ilt.fl. 71E
3tD. irofi sF.fl. 0
0lorALS 3,ffi
GATAGE
55r
0
0
0
0
558
CTEDIT lOTAts ,G n..9rc.! 2 558
cRfA AtLorGD a,y1
ror r crEDtrs 995
cttA usED 2,U7
GRrA tErrAlrlllc 2,274
ctEDfts tEfArrre 42
'LOOT IOTAI GARAGE
E SErErt So.Fl. %0 0
tsT. trcn sc.Fr. t,500 gl
ao. fLoR so.tr. t,zlE 0
lnD. rld $t.FT. 0 0tt rsFER or ctEDtT 0 0rorALs !,67E 5E7
cREDtr loT !S tGAl..P.c.t 2 tE7
6nf^ r.tqfiD 2,274
ror t cnEDtrs l,oE:i
cnFA usED 2,r9t
t crFA rEr^tftrc : (1t9,
cnorrs lf, rtIG tl
roT r urjsCD ctEDtrs l0l t5
GIFA Attdco c|r slrE
AITffiD SITE OOVERAGE
SIIE GOI,ETAGE USED
StrE oo,ErAGE tErAllllc
tAlrDsclP cot ER cE
YIa:'ll
4tEt.E
2EB8
t34r.E
1254t
slfiAGE lGctt. stAtR Alttcx volDr55l 000270111 ?515610970000000120000139 51 208 2' 15
TOTA! GR06S Sn.ir. 1.062139 50 20E 2t 15
ttl(!)000
sT(nrcE ilEcll. srAln Allrccr volD121 00005540t0900!3 0 105 !2 t600000o!000212 a3 21a 12 15
rcT r Gn6S so.tl. l.tt7t200 43 214 A t6
(t2t
19
70t7r0
.0(7r0
o
75 $uth tont g|. ro.d
r|ll, color.do 81657
(303) 4792138
(303) 47&2139
Augrust 21, 1990
offlce ol cornmunlty dav€logmcnt
Mr. Mike lauterbach
P.O. Box 3451ValI, CO 81658
RE: I,ot 3, Block 2 vall Potato Patch/DuPlex GRIA
Dear ltike:
On Augrust 3, 1990 your priuary/secondary developrnent on the above
lot wis issued a stop work order by the Conmunity Developnent
Departnent. The reaion for the stop work order was that the
pr-oject violated the altowed GRFA for the property. In additlon,
trreie ls alEo a problen with ttre retaLnlng wall. The walls are
not bul.It per the approved bulldlng pernit plan.
on August 15, 1990, a neettng was held to review the GRFA problen
with fou. eiry Uuirain, ltikt Uollica and I attended the 4eetlngwith !ou. on iugrust L7, Lggo' non Phillips, Iarry Eskwithr -GaryUurrain, Uike Uoilica, and I rnet to review the Toltnfs positlon to
corne to a resolutlon for the GRFA problern. We can approve the
structure at a square footage of nilt sq. ft. This anount is
uhat the current-zonlng allowE even though this |s larger than
what the DRB aPProved plans lndicate. The Torm staff has
determlnect thal-1t le not sithln our adninistratlve power to
negotiate a GRFA solution beyond_what is allowed by the zoning on
tJrE property. Staff nust na-lntaln the posi!,ion that the proJect
conf6r:n-to ttre alloved cR1lA for the lot. The zonlng code does
not gLve the etaff any discretlon to approve a GRFA overage'
Section 303 (c) of tlre Unlfor:n Bulldlng Code--Valtditv of Permit
aleo relates to the GRFA lssue. It states:
I.TIKE I,AUTERBACII
I,ETTER, PAGE 2
nThe lseuance or granting of a pernl! ot approval of plans-,
rili"iii"iti""t-in6-conpu€atlong- shall not be construed to be
a perait eorl-or--in-ipirott"l of , any- vlolatlon of any of the
itS"frio"s-oi tfrfs coil or of any olher-ordlnance of the
i;;i;i;tr";: -r- pemlt presunlnE to Eive authoritv to
violate or cancel itre proitslons of ttrte code shall be
valid.
The issuance of a pe::rnit baged upon plansr.speclficatlons
and other aita shail not prevenfthtbutldlnE official fron
thereafte" ;;q,tl;fng the iorrectlon of crrors in satd-p1ans,
."""iii""t1;#-;e 5tner data, or from preventlng bulldtng-
;;;;;;i#-;;id ;aiirea on tfrereunder ihen I'n vlolatlon or
this code oi-oi-"tty other ordlnances of thle Jurlsdlctlon'rr
In order to resolve the GRFA issue, y99 have two optlons.using --ili"-r""i.ipa1 review proces'ea. .fire first ls to appeal the.staff
decision to tlre ii"ri"i"e couroission. rf the appeal ls recelved
ui-a"g""t 22 by;;oo ;;.t th? staff will schedule your-request
iirr tfi" Augrust Ziin-pianning Cornnles1on neetinE. .The Plannlng
Conmission rill """f.r-iti issue and nake a deiislon. This
d;A;i;;-wifr m-elnal unlesE an adJacent property-owner- appeals
the planning connl;f;";;lslon or the totrn Counclt calls it up'
,il; i;c alcisfon-Ji-nugust 27th will be reported.at the August
28th council work ""iriJ". If-the pEC declslon ls appealed or
;;ii"e-G-ui tr," rown council 1t ulrr be reviewed at the
Septenber atrr eveil;;.4;G;ii neetlng. lltre staff has also asreed
to schedule ttre GRFA-issue as a work-session lten f,or the Agsus!
28th Councff wori-!e*i"". -Thie will glve y-ou the opportunit)'.!"
address ttre Councfi-peisonally on ttre issue-before walting untll
ttre Septenber 4th neeting.
SecondlyryouDaysubnitanappllcationforaGRFAordensityvariance. ffre n'ect-subnittaf-4ead11ne la August 27th for a
septenber 24th piE;ating. 'llhe councll nay also. call up a-PEc
;::il;;-"i'i'-alirr.ti "aii.".e. rf the councll chose to carl up
the SepteDber 24;; iiC ieclelon, lt would be heard at the October
i- ro*t- council evenLng ueetlnE'
Attached to thLs letter are the GRFA calculatl'ons for the DRB,
;;iiilG Pelria; ;il A3 i"iri plans. .At thls tlne, -the staff ls_
iJiiing-"n your as-uulrt plans-to be accurate. If for any reason
vou know of any fn"ccuiacies I'n thg?e plans' I ask that you
i,.itiv-uti-sti?t, ln rritJ'ng, lnnedlatery'
o o
UIKE IAIITERBACH
I,ETTER, PAGE 3
In addltlon, the retainlng walls have been extended beyond what
,i"-oiieinaity approved oi ttre builcllng pgrTl!. The ualls also
il;.";-6- "iri,"a the heisht tlnltg- A-retal'nlns w1l-l-13v^1"-?-
:nii<taurn of three feet ln-the front setback and a Daxlnun of alx
feet on other areis of-ine glte. I ask that you address this
i""".-6y-sritrftiing a set of revised plans to-our,lgpartnent by
lugust 'Z+, tggO shich ueet tlre zonlng code and bullding code
requtreuentg for retainlnE walls.
If you have anYfree to call ue.
Sincerely'
Kfo^ft-'h,
Krlstan Pritz
Cornnunity DeveloPnent Dlrector
KP/PP
cc: Ron PhilliPs
Gary Murrain
Larry Eskwith
ULke ltollica
further questions about ttre proceesr- please. feel
llhank fou for your assistance on tlris uatter'
t'\ffi0 A{
-"'r€go
sznv @
UEMO
TO: Krletan Prltz
Tolrr of Vall
Co@unl.ty Development
FROM: lllke Lauterbach
DATE: Augugt 22, L99O
RE: Lot 3, Block 2, Vall Potato Patch/Duplex GRFA
I an in recelpt of your letter ilated August 21, 1990. Pursuaat to the
contentlr of that letter, please al1ow me to conflm that I an appeallng
the staffts rull.ng regardlng GRFA to the August 27, L99O Deetlng of the
Plannlng Coml.esloa. AddltLonally, please lnclude my name end thiE
lseue ee an agenda lten for tbe Couocll work sesslon of Auguet 28r 1990
as lre dlscuesed.
A1so, to ny knowledge, the as-built plane are totally accurate aa
eubultted.
I cst l$g 21 \ss!
TO:
FROU:
DATE:
RE:
I an here to request relief from the zonLng gruidelines for portions ofthe east and west residences of a prinaryr/secondary structure locatedon the above referenced site. The structure has been legallysubdivided and the east residence deeded to the owner. The buildingIs framed with plunbing and electrical installations cornplete. A stopwork order was issued August 3, l99o pursuant to a crawl space issue.
In hindsight and pursuant to the enclosed calculations, the eastresidence tras never been in compllance with allowable GRFA. rtexceeds zoning allowances by 330 sqluare feet and buJ-lding permitapprovals by 60 sguare feet. The west residence is in conpliance with
GRFA requirements subject to a crawl space solution.
In sunnary, the DRB process for thls building was lengthy startingNovenber 20, 1989 with approvar not obtained until ltarch 7, L99o. Theproject entailed two aAipted topographical drawings, three sets ofpotential building plans, and a -pab variance iequest which rrasultinately withdrawn. As the process was so lengthy, the purchaserrequested various changes during this period and I complied. Then, Iobviousry made an error in calculating enra prior to Luilding pemitsubnittal-s. Even sor ttre pemit subnittar prans with notileautechanges were again rechecked for GRFA compliance by the Town prior toissuance of a building permit. The buildS.ng permil carculati6n by the
Town staff showed approxinately 2oo square feet of unused GRFAavailable to the east iesidence wfricfr at tne time seemed plausible. frelied on that infomation and made minor adJustments which added Gosquare feet of GRFA to the east residence to satisfy the onner. reubnitted the revisions to the staff upon request. when the crawlspag? issue surfaced, the staff notified- ne that 459 sguare feet wasavailable to satisfy that Lssue and reguired that r sribnit a retterstating that r would forfeit 53 square ieet to solve that issue.
At that point, r knew that the staff had made a calculation error.The staff also recognized that a nistake had been made and proceededto recalculate the project GRFA using rny as-buirt plans. The staffrs
ME}IOR,ANDU!.!
PIAI{NING COUI.IISSION AND TOI{N COI'NCIL !,IEMBERS
I{ICTIAEL I,AIJ:IERBACIT
AUGUST 27, L99O
IOT 3, BI,OCK 2, VAIL/POTAIO PATCH
Menorandum
August 28, L99O
Page 2
conclusion was that r had added over 5oo square feet to the project,the sum of 200 square feet of unused GRFA ldentified in the- pemitplans and 33o sguare feet of calculated excess. rt was j-n excesl of aweek before they would acknowledge that an error had been made withthe issuance of the building pernit.
lleanvhile, r have been penalized for a nonth wlth a stop work order.r berieve r have conpried furry with the staffrs rlquests, havepursued this project in an honest and dlrlgent nannerf and wouldassume that you would not.penalize me for a etaff nistake and personalerror. I therefore feel justifled ln requestlng that the Town-endorsethe calculations and credits for GRFA as deternined fron the originalbuilding pennit plans as recarculated in August 1990 for the -east
residence and accept, the west resLdence -as conforming. Ttrisendorsement would requLre a 60 square foot reduction in exisiing GRFAto the east residence.
Additionally, the west residence is designated as having a crawl spacebeneath the garage which currently is enclosed. rt is ny intention tocreate a 2 l/2 foot wide and 8 foot high corridor along the north wallto the west side of the building which exposes the crair space to theoutside elements with lattice work arranged to provide nirnerous onesquare foot openings. r berieve this will negate the currentrrenclosed'r condition of tlre space and thereby providt conformance withzoning guidelines.
rn concrusion, the work stoppage is having a substantial physical andemotional affect on ne and especialry ny faniry. conlining theseconsiderations and the facts, r believe- you cln be justiiied ingranting ne this relief. Thank you for your consideration andfairness.
I
I
Lot 3, Block 2,
Vall Potato Pstch
GRPA Aaalyela
Auguct, 1990
East West
Regldence Reeldence
Xleaigu leviery Eoard Calculrtlone,
llardr 7, 1990 1,925.4 sf 2.436.L af
DIB Plane Recalculated,
Auguat 1990 1,811 ef 2,236 sf
Plaaa ltodtfled
Bulldtng Perlt.t Calculatiura,Aprll 4, 1990 2,L54 ef 2,780 ef
Peralt Plang Recaleulated
Augrat 1990 2,OO7 af 2,539 af
Ag-8utlt Plang
August 1990 21067 Ef 21593 ef
Allowablc GRFA !12!. ef 3r.699 et
"if|,,dr
#{:P\QF
\tt;
!ti
v
3
Lss
o
F
$tt\r
\
olFxrlr
N
I
I
I
il
0l+l
I
fl
4I
Irll\s oi\ls\!sv
ts
rd
.b{
$+t\1
vr
YgJ1rlJz+ lrl\c€
\)
t
$
)
)
-ir
. .\\
Nt;b"'
-
I ,''
zotE cltEc( FoR stR, R, RP/s zolE DlsTRlcTs
BLMK FILtl{G
DATE:LEGAL: LOT
ADDRESS 3qflER: ^,/ PllollE #
ARCflr TECI: /.€<t\ PHOIIE #
LoT stzE: ( 20,909JR0PoSED UsE:
ZoilE oISTRICT: SFR RES R P/s
GRFA At-t Orf,D 0I S|TE
ALLqJED SITE CO/ERAGE
SITE COVERAGE USED
SITE COI'ERAGE REI{AIIIIIIG
LAIIDSCAP COVERAGE
TOTAL
1,170
1 ,174
718
0
0
3,06a
#GAR, spaces
4,v1
995
?,M7
2,274
TOTAL
940
1,500
r,258
0
0
3,674
1?545
FL@N
B SEt{EltT SO. FT,
1ST. FL@n S0. FT.
?1r0. tL@R s0. FT,
3RD. FL@R SO. FI .
TOTALS
CREOIT TOIALS
GRFA ALLOJED
TOTAL CREDI TS
GRFA USED
GRFA RE]IAIII IIIG
CREDITS REI4AX I }IG
FLOOR
BASEIIEIT SO. FT.
1ST. FLqn S0. tT.
zxD. ttoon s0. fT.
3RD. tt00R s0. tT.
TRAXSFER OT CREDIItol Ls
CREDIT TOTALS
GRFA ALIOIED
TOTAL CREDITS
GRFA USEDilfnm,crrotts nEmrIlG
G RAGE STmAGE l€Cll.558 35 53027006500000 12 0558 139 53
TOTAL? 558 139 50
42 61
GARAGE STORAGEo 124,a7 550350000t87 ?12
0
0
16
0
0
16
3,678
l6200IGAR.spaces 2 5a7
2,274
I ,085
2,593cts B
( ,0, s5
t
\l
l
TOTAT UIIUSED CREDITS
(12) 7
494
0 <7> 0
0(7)0
t6.66ll
Ot\t/o- lrJb
+5b2-
ff$- o-r'J' h'/'e 4
STAIR AIRLOCT VOID000ltl 25 159700000000208 25 15
Gnoss so. FT. 3,W?208 25 15
(3)00
l{Eclt. sTAIR AIRL@K00040 109 00 105 320003004t ?11 32
TOTAL GROSS SO, FI.43 214 25
0
l/ot D
-lelon,r) *'',1\r ryof L"'/{ l"
411vveeL 1l*ns
oAd^in,$rcirn^
@ rt\n roc''R - drcrd,a.'*"J $i.px'b,\;\ x{'* cirtwvt}e'r,
@Hdrili,ryo,@
rh4 'lt-- rt
I tffrr"f,,.!.
\rrt (/
i.'l t r
\
ZOIIE CHECK TOR STR, R. RP/S ZOXE DISTRICTS
YI
DATE:
LEG L: LoT
ADDRESS:
ot'[ER:
ARCIttECT:
LOT SI ZE:
ZOIE DtsrRl CT 3
IOTAL
0.0
1,160.0
I ,118.0
717.O
0.0
2,995.0
*GAn.spaces 2.0
4,341.0
988-0
2,007-0
?,334.0
TOTAL
958.0
I ,485.0
I ,168.0
0.0
0.0
5,61 I .0
*c^R.spaces 2.0
2,334.0
1,072-0
2,539.0
(405.0)
.-, -. - -'.\
2,838.0
r,:t43.8
12,545.4
{,5(5,0
1,7#,4
(270.6'
BLOCK FIt I XG
PHOI{E #
PIO|E #
20,909.0 PRoPoSED USE:SFR RES R P/S'f , ,,
!
GRTA ALI(IJEO OII SITE
ALL(*'EO SITE COVERAGE
SITE COVERAGE USED
SITE CI'VERAGE REiIAII I }IG
IAIIDSCAPE OOVERAGE
TOTAT GNFA USED OT SITE
ftAx. so.tT. FoR sEcoilDARY ul[T
STATUS OF SE@IIDARY lnII A 4OI
'6'rtlr*:
FtMR
BASE ENT SE. fT.s lsr. F100f, s0. fT.E 2[D- FL@R SO. TT.C fRD. FL@R SO. FT.O LOFT FLMR Sq.IT.lt ToTALS
DA CREDIT TOTALSR GRFA ALLCIIEDY TOTAL CREDITS
GRFA USED
GRFA REiIAI II I IIG
CREDITS REI,IAI I XG
FI(x)R
B SEltEltt s0. tT.P 1ST. FIOoR SO. FT.R ?IID. FL(X)R SO. FT.I 3RD. FLMN SO. FT.
l'l TRAIISFER OF CRED I IA TOTALS
RY CREDIT IOTALS
GRFA ALICIJEDU TOTAL CREDITSX GRFA USEDI e?A mtltteT CREDITS REI.IAX I IIG
GARAGE
0.0
618,0
0.0
0.0
0.0
618.0
600.0
( 18.0)
GARAGE
0.0
585.0
0.0
0.0
18.0
603.0
500.0
STORAGE }IECII.0-0 0.052.0 0.0?6.0 0.06?.0 0.00.0 0.0140.0 0.0
rOTAL140.0 0.0
60.0 50.0
STORAGE }IECH.89.0 0.055.0 40.032.0 0.00.0 0.00.0 0.0174.0 40.0
TOTAL174.0 40.0
STAIR AIRLOCK VOID0.0 0.0 0.00.0 0.0 0,0114.0 26.0 13.096.0 0.0 0.00.0 0.0 0.0210.0 26-0 13.0
cRoss sa.FT. 2,995 -0210.0 25.0 13.0
0.0 (1.0) 0.0
STAIR AIRLOCK VOID0.0 0.0 0.0
111 .0 0.0 0.0104.0 29.0 18.00.0 0.0 0.00.0 0.0 0.0
2t 5.0 29.O 18.0
GROSS SO.FT. 3,611.0215.0 25.0 18.0
0.0 (4.0) 0.0
0.0 (5.0) 0.0TOTAL UIIUSED CREDITS
(3.0)
120,0 (21.0)
6R FA
26.0
86.0
10.0
60.0
4tt o
fill<e YY
zoftE cHEcK FoR sFR, R, RP/S Zol|E DISTRICTS
DATE:LEGAL: LOT
ADDRESS3
0t+.|ER:
ARCfitTECI:
LOT SIZE: 20,909.0
ZolIE D ISTR t CT:
GRFA ALL(HED OII SITE
AILO9ED SITE COVERAGE
SITE COVERAGE USED
SITE CO'ERAGE REI,IAI II I }.IG
LAIIDSCAPE COVERAGE
BLOCK FILIXG
PxoltE #
PHOXE #
PROPOSED USE:SFR RES R P/S
ll
f L@R TOTAL GARAGE
BASEHEITT SO. Fr. 0.0 0.0
1ST. FL@R So.Ft. 1.075.0 584.0
zl{D. FLmR SO. FT. I ,035.0 0.0
3RD. FL@R SO.Fr. 662.0 0.0
LOFT FLMR SO. FT. O.O O.OToTALS ?,7n.0 584.0
cREDtT ToTALS ttcAR.spoces 2.0 584.0
GRFA ALLoHED 4.y1 .0
TOTAL CREDITS 96I.0
GRFA USED 1,811.0
GRrA REIA![ING 2,530.0
CREDITS REI.IAII I IIG 16.0
FL@R TO'AL
BASEI|EIT SQ.FT. 851.0
1ST. FL@R SO.FT. 1,525.0
2ltD. FLqn so. FT. I ,(,81.0
3RD. FLqn SA.FT. 0.0
LO'T FL@R SO.FT. O.OTOTALS 3,257.0
CREDIT TOTALS
''GAR.
soaces
cRtA ALLOTJED 2,530.0
ToIAL CREDITS 1,021.0
cRfA usED 2,236.0Sflrldllllt Aa.O
CREDIIS REXAII I }IG
TOIAT UIIUSED CREDITS
AIRLOCK VOID0.0 0.00.0 0.028.0 18.00.0 0.00.0 0.028.0 18.0
so.FT. 2,22.025.0 18.0
(3.0) 0.0
ATRLOCK VOID0.0 0.00.0 0.028.0 28.00.0 0.00.0 0.028.0 28.0
so. Fr. f,257.025.0 28.0
TOTAT GNFA U€ED OII SITE
lr^x. s0.FT. FoR sEco]tDAnY uxrT
rrATus oF tEcoxDARY t tr I 40r
Yll
4,3t 1 .0
4,181.8
2,838.0
t ,313.8
12,545.4
4,V7.0'
1,736.1(71.6'
STORAGE I,IECH. STAIR0.0 0.0 0.044.0 0.0 0.021.0 0.0 105.069.0 0.0 97.00.0 0.0 0.0134.0 0.0 200.0
TOTAL GROSS134.0 0.0 200.0
66.0 50.0 0.0
STORAGE IIECH. STAI R80.0 40.0 0.055.0 0.0 107.031.0 0.0 100.00.0 0.0 0.00.0 0.0 0.0166.0 40.0 207.0
TOTAL GROSS166.0 40.0 207.0
GARAGE
0.0
555.0
0.0
0.0
0.0
555.0
2.0 555.0
45.0
215.0 61 .0
34.0 10.0 0.0
100.0 60.0 0.0
(3.0) 0.0
(6.0) 0.0
o
ffiD A*{ {seg
-:gzn $
uEl,to
TO: KrLstan Prltz
Town of ValL
Conmunlty Developnent
FROM: Uike Lauterbach
DATE: August 22, L990
RE: Lot 3, 81ock 2, Vall Potato Patch/Duplex GRFA
I am ln receLpt of your letter dated Augus t 21, 1990. Pursuant to the
contents of that letter, please allow me to conflrm that I am appeaLlng
the staffrs ruling regardlng GRFA to the August 27, L99O meeting of, the
PlaonLng Co'miseion. Additlonal-ly, please lnclude my name and thls
Lssue as an agenda lten for the Councll work sesslon of August 28, 1990
as we dLscussed.
ALso, to ny knowledge, the ae-bullt plane are totall-y accurate as
Bubmitted.
o
lnwn
75 south lrontage rord
vall, colorado 81657
(303) 4792138
(303) 4792139
August 21, 1990
ofnce ot communliy development
Mr. Mike Lauterbach
P.O. Box 3451Vail, co 81558
RE: Lot 3, Block 2 Vail Potato Patch,/Duplex GRFA
Dear llike:
On August 3, 1990 your prinary/secondary development on the above
lot was issued a stop work order by the Connunity Developrnent
Department. The reason for the stop work order rilas that the
proJect violated the allowed GRFA for the Property. In addition,
there is also a problem with the retaining wall. The walls are
not built per the approved building pernit plan.
On August 15, L990, a rneeting was held to review the GRFA problem
with you. cary tturrain, Mike Mollica and I attended the rneeting
with you. on August L7, Lggo' Ron Phillips, Larry Eskwithr.Gary
Murrain, I.like l,Iollica, and I met to review the Townrs position to
come to a resolution for the GRFA problem. We can approve the
structure at a square footage of 4341 sg. ft. This anount is
what the current zoning all-ows even though this is larger than
what the DRB approved plans indicate. The Town staff has
detennined that it Ls not withln our adninistrative power to
negotiate a GRFA solution beyond what ls alloved by the zoning on
th- property. Staff must maintain the position that the project
conform-to the allowed GRFA for the lot. The zoning code does
not give the staff any discretion to approve a GRFA overage.
section 303 (c) of the uniforn Buitding code--@
also relates to the GRFA issue. It states:
MIKE I,AUTERBACH
LETTER, PAGE 2
ilThe l-ssuance or granting of a petmlg "t. approvar of plans-'
,p""iii""ii""r-i"6 cornpu€ations shalt not be construed to be
i-prr-it roil-oi--in-ipbrov"r-of, t"l'.Y1"11!i3" "r anv of the
pti.titi""s oi ttris cooL or or any olher.ordinance of the
5"ii=ai"ti"". -x- pernit presuniirg to- give authority to
violate ot "i.""i Ltte p=oiislons or ttris code shall be
valid.
The issuance of a pernlt based upon plans'.specifications
and other data shail not prevent the-building official fron
thereafte" i"g"fiing the iorrection of errors in said plans'
;F;#ia[i""J and 5ther dati, or from preventing bui]ding-
operationt u"i"g ;airiea ot' tite""onder when in vlolation of
this code oi -t-"ty other otditt"ttc"s of this jurisdiction'rl
In order to resolve the GRFA Lssue, yoY have two options. using --lii.-t""l"ipa1 review processes. .The-first is to appeal the.staff
decision to the ;i;;"-i;-aonnission. rf the appeat is received
uy-august 22 by ;;od ;.;. { ah9 staff will schedule vour request
for the Augiust zztn pianning Cornrnlssion neeting' The Planning
conrnission will =""il"t Cn" itt..e and make a decision' This
declsion will be final unless an adJacent proPerty.owner-anltgars
ifr"-pi"""ing Conni""i""-a..ision or the Town Council calls it up'
ifr" pnC aecision "i-l"g""t 27th will be reported.at the August
28th council work s"="iott. If the PEC decision is appealed or
cuii"a ,tp Uy tfre- town council it wlLl be reviewed at the
septernber atrr eveii;;.4;G"i1 neeting. Tle staff has also agreed
to schedul.e the GRFA issue as a work session item for the August
28th Council work ""t=i"t. This will give you the opportunity.to
address the Councii-peisonally on in" it"ue-before waiting until
the Septenber 4th meeting.
secondly, you may subnit-an application for a GRFA or density
variance. fne nlxt iuUtittat-headline is August 27th for a
septenber 24th p;a-r."li"g. The council nay also call up a PEc
decision on a aeisit'-viiian"e. If the Council chose to call up
the septenb"t za{f, pic decision, J-t would be heard at the october
2 Town Council evening meeting'
Attached to this letter are the GRFA calculations for the DRB,
Building Pernit, ;;-At g"irt pfins' 'At this time' the staff is
i"iii"g-"n your .r-r,rirt plans-to be accurate. If for any reason
vou know of any i"""""i""ies ln these plans' r ask that you
i,.iiiv irre stair, in writing, irnmediately'
UIKE IAUTERBACH
LETTER, PAGE 3
In addition, the retainlng walls have been extended beyond what
was originaity approved on the building perTi!. The walls also
appear €o exclea Lhe tretght linits. A retaining wall nay !e a
rnii<inurn of three feet in-the front setback and a maximun of six
feet on other areas of the site. I ask that you address this
issue by subnitting a set of revised plans to olrr.departnent by
August ia, tggo which neet the zoning code and building code
requirements for retaining walls.
rf you have any further questions about the process, please feel
fre6 to call nL. Thank you for your assistance on this natter.
Sincerely,
Kfu^ft'h"
Kristan Pritz
Conrnunity Development Director
KPlPP
cc: Ron Phillips
Gary MurrainIarry EskwithItLk lloLlica
AS-BUILT
z E cltEcx ;(n sfl, l, lP/s zoxE DlsTRlcTs
DATE:IEGAL: I.OT BIOC( FILITG
IDDRESS:qflER: PllotlE IARC[tfECt: PIO E ,
Lor SIZE: 20,909 PRoP0SED USE:
ZO|E DTSTRICT: SFR RES R P/SYllx
l.Y1
4181.8
2838
1343.8
12545
SToRAGE l€Cfl. STAIR AlRtoCr35550027 0 ltl 25650970000012000159 55 208 25
TorAt GRoss s0. tI.139 50 208 2t
VDtD
0
t5
0
0
0
t5
3,(b?
t5
GNFA ALLCIIED OII SIIE
ATLOUEO SITE COVERAGE
SITE OOVERAGE USED
slTE ct VERAGE REllllllIllc
tAltosc P oo/ERAGE
FTqN TOTAL GARAGE
BASETGTT SO,FI. 1,170 558
1Sl. rt@R so.Fr. 1,174 0
2[0. f t@R sc. Fr, 71E 0
3RD. rL@R SO.FI. 0 000IoTALS 3,W? 55E
CREDTT ToTALS #GAR. spaces 2 558
cRfA ALIqJED 4,141
TOIAL CREDTTS 995
GRFA USED 2,4b7
GRFA lEr,rAll|lrc 2,274
CREDTTS NE AITTG 42
TI@R TOTAL GARAGE
B SEXETT SO.FI. 940 01$. tt@R so.Fr. 1,500 5E7
zxD. rt@R sc.FT. l,8E 0
3RD. Ftffi S{l.Fr. 0 0
TRAIISFER OF CREDIT O OroT^Ls 3,67a 567
cREDtl loTAls tG R.sp!c.s 2 587
GnFA AttqGD 2,274
TOTAL CREDITS 1,085
GRFA USEo 2,593
r cnFA REI |tltc r (319)
cnEDrTs nE|{ xrIG 15
ToTAL t [rsED cREotrs 101 55
51 (3)000
STqAGE lrEcl{. SIAIR AIRIOCK lrolD
12t000055 40 109 0 035 0 t05 t2 160000003000212 {3 214 t2 16
rorAl GROSS S0. tT. 3,678200 4t 214 ?5 15
(12) 7 O <7'
1940(7)
BUILDINC PER}IIT
zotE cltEcK Fm sfR, n, tP/s ZolE DISTRICTS
DATE:
LEG L: l0I BtoCK FILIIG
IODRESS:(t ER: PllolE tAnCIIIECI: PlnE,
LOT SIZE: 20,909.0 PR(PoSED tSE:
ZCIIE DtSTRtcT: Sft REs R P/S
s
E
c
o
x
D
A
R
Y
f LOR IOTAL
BASE |EIT SO,FT. 0.0lsr. fL@R so.Fr. 1,160.0
21t0. Ft@R sQ.fr. 1, | 18.0
3RD. fr@n so.Fr. 717.0
loFT ttqn sa.Fr. 0.0tor^Ls 2,995.0
CiEDIT ToTALS fc^R,sprcc3 2.0
GRFA ALTOIJED 4,Y1 .O
T0TA! CREDTTS 988.0
cRfA usED 2,007.0
GRFA REr'rAtlrxc 2,314.0
CREDTTS RE}IAX IIG
FLqN IOTAI
BASETCXi So,FT. 95i.0P lST. rL@R So.Fl. 1,685.0n 2[D. FL@R SC.FI. 1,168.0I sRD. FLOOR Se.Ft. 0.0
II TMIISFER OF CIEDIT O.OA ToTALS 3,611.0
RY CIEDTT
'OTAISGRFA
^LI$IEDU TOIAT CTEDIIS
X GRfA USEDI GnrA tBtAtxtftcI CREDTTS nEXAX!|G
TOIAT U}IUSED CREDIIS
(3.0) 26.0
120.0 (21.0) 86.0
GRFA AIT(IIEO (n SIIE
AILqJEO SITE CI'VERAGE
SITE COTIERAGE USED
SITE OOVERAGE REIIAIXt IIG
LADSCTPE @I'ERAGE
TOTAI GNFA USED OI SIIEI rx. sc.Fr. fc sEoODAtY lttT
STAIUS OF SECflDARY UTII I4OT
ll
4.341.0
4,181 .E
2,E38.0
1,343.8
12,54t.4
1,'t$.O
1.7t5.4(270.6'
IIECII. STAIR0.0 0.00.0 0.00.0 114.00.0 96.00.0 0.00.0 210.0TOIAI GRGS0.0 210.0
50.0 0.0
rEclt. slAtR0,0 0.040.0 llt.00.0 104.00.0 0.00.0 0.040.0 215.0
toT t GRoss40.0 2,|5.0
10.0 0.0
60.0 0.0
GARAGE ST*AGE0.0 0.0618.0 52.00.0 u.o0.0 62.00.0 0.0618.0 140.0
600.0 140.0
(18.0) 60.0
GATAGE STqAGE0.0 89.0585.0 53.00,0 32.00.0 0.018,0 0.0605.0 174.0
600,0 174.0
AtRLOCT VOtD0.0 0.00.0 0.026.0 13.00.0 0.00.0 0.026.0 t3.0so.Fr. 2,995.025.0 r3.0
(1.0) 0.0
AIRLCK TOID0.0 0.00.0 0.0n.0 r8.00.0 0.00.0 0.029.0 18.0
so.FT. 3,611.025.0 18.0
(4.0) 0.0
(5.0) 0.0
*G R.3p€ccs 2.0
2,334.0
1,072.0
2,539.0
(205.0)
DESIGN REVIEI| BOARI)
zdE clEc( Ffi srR, R. RP/S ZollE DISTiICTS
DAIE:
LEG !: tOT
IDoRESSso Er:
ARCilITECT:l0l SIZE: 20,9(n.0
zotE Dt sT ct:
GRTA ALIqED (t SITE
ALTCED SITE COYEIAGE
SITE qOVETAGE USED
stTE oovEt GE lEI lllllc! IDSCAPE OotEttGE
TOTAT GT'A USED ITI SITE
3tc( flLlllc
PllolE *
PIIOIE 'PROGED USE:S'R RES R P/S
x
r x. so.tr. Fot sEcoDAnY urlT
srArus 0t sEOofiDARY rfill a 4(N
YI
4,541.0
4,181.E
2,E18.0
1,143.8
12,515.1
6,047.0 .
1,7t6.1(74.6'
s
E
c
o
x
D
A
R
Y
FIqN TOTAI GARTGE
B SEilETT Sro.fT. 0.0 0.0
lsT. Ftot sn,FT. 1,075.0 5E4.0
2xD. froR sn.rT. t,(B5.0 0.0
3R0. ftcxn sp.FT. 662.0 0.0
LofT ftqn so.FT. 0.0 0.0ror^rs 2,7n.O 584.0
2.0 555.0
{1.0
215.0 61.0
sromcE tccll . sT I R0.0 0.0 0.0t$.o 0.0 0.021.0 0.0 1(E.069.0 0.0 97.00.0 0.0 0.0t:t4.0 0.0 200.0roT^t Gl06st:t4.0 0.0 200.0
66.0 50.0 0.0
sTonAGE IECll. STAIR80.0 40.0 0.055.0 0,0 107.011.0 0.0 100.00.0 0.0 0.00.0 0.0 0.0166.0 40.0 207.0
TOTAL GROSSt66.0 40.0 ?07.0
:t4.0 10.0 0.0
100.0 60.0 0.0
AIRLOCK VOID0.0 0.00.0 0.02E.0 1E.00.0 0.00.0 0.028.0 18.0so.Fl. 2,7n.02r.o 1E.0
(3.0) 0.0
AtRlocK l/olD0.0 0.00.0 0.028.0 28.00.0 0.00.0 0.028.0 28.0so,Fr. 3,257.025.0 28.0
(3.0, 0.0
(6.0) 0.0
GREDIT l0T ts fG R.spcaca 2.0
GRFA ALLqGD {.:I4I.O
rorAl ctEDtTs 961.0
GRFA t SEo t.8t t.0
GRFA RE tltftc 2,5:t0.0
CREDlrs REl,lAlllxG
fL@t ToTAL
SASE|{E|T SO.FT. 851.0P tST. rtmn so.fr. 1,16.0n 2[D. Frm sc.fT. t,081.0I 3nD. Ft(n SC.fr. 0.0x toFT Ft(n se.tr. 0.0A TOTATS l,2r7.o
RY CREDIT TorAtS *G n.sprccs
csFA ArrqfiD 2,530.0u rolAt cREDtrs 1,021.0r cnFA usED 2,2y.0
I fGnF mr mlxc ..294.0
T CNEDIIS IEIIATTXG
TOTAT TI|USED CIEDITS
584.0
16.0
GARAGE
0.0
'tt.00.0
0.0
0.0
555.0
MEMO M
TO:
FROM:
DATE:
RE:
Kristan Pritz
Michael t^ut.taa.t 14/
August 15, 1990
T,ot 3, Block 2,
VaiUPotat.o Patch
Pursuant to our neeting yesterday afternoon and after a lengthy discusslonwith the owner of the east residence last night, r believe it would be anexercj.se of poor Judgment oo ny part to make unathorized changes to theexisting franing and floor plan of the east residence.. r think you mayalso presume that no authorizaElon will be forthcoming from the owner.
Therefore, your deslre to reduce the size of the residences by 218 squarefeet through the use of alLowances and reduction of enclosed floor areawill have to be directed to the r^rest residence. Reducing the size of thewest residence by 110 square feet j.s perhaps possible but at substantlalexpense. Enploying the allowances to reduce GRFA by another 108 square feet
would either greatly impact the salability of the vest residence and likelyruin ure financially or it would cause a buyer to make unauthorized changesto the structure in future years thus lnpacting the potentiaL safety of both
resldences.
only propose that the size of the nest residence'be reduced
the app e to thetotal 108 square feet be forfeited to the Town of Vai1.
Itrs ny bellef that requiring the reductioo of 118 square feet fron aprevlously desirable residence coupled vith the resultant three week perlodof inactlvlty and the substantlal incremental cost of adjustlng and relnspecting
approved framing., electrlcal and plurnbiag lnstallations ls a substantlal
Penalty. Any addttlonal peoalty will llkely ruin oe and oy faoily.financlally
and prevent me fron cotrtlnuing to oake a living in Eagle CouDty.
Uemo to Krlstan Pri
' r aBe t
In concluslon, I would llke to renind you that evea.though I erred lnsubnittlng a set of plaos for a buildtng per:nlt that cotrtalned a GRFAcalculation latake, the staff theo preetroably cmpared then to the Desl,gp.
Revlew Drarlngs, approved theo, recoutrted GRPA, tseued a buildlng pe:oit:
subjecr to the suboltted plans, and that Uike Molllca throughout theensuing coantluction period aad as late as laet llorday represented that459 square feet of GRFA cootloued to be avallable to Batlsfy the crawl spacecondition. IlLtb confuslon like thie prevailiag, I donrt belleve that I
should be rulned financlally for aa error la Judgeoe[t wheu r was relyiug oothe staff|s presuned expertl.ge. '
Please contact Ee at your earllest convenl.ence w'lth your deelslon regardlogoy proposal and thank you ln advonce for your proupt coosl.deratlon.
cc: Larry Eshdth
Ron Phlulps "/
o
Lot 3, Block 2, VaLl/Potato Parch
754 Potato Patch Drlve
Fquare Footage Analysis
Auguet ll, 1990
Comunl.ty Developuent Calculatl,one -
EAST RESIDENCE - Flret Floor
Second Floorlhlrd Floor
Leee Credlts:
Garage
Storage
Mechanical
Stalr
Alrlock
Volde
NET
GRFA Allored - 1,737 sf.
RESIDENCE - Fi,rat Floor
Second Floor
Thl.rd Floor
Lege CredLte :
Mechanlcal
NET
GRFA Allowed - 2,605 sf.
!,tarch 14, l99O
Butlding Peruit
l,196 sf.
1,220
690
trd'd
551
120
-0-
208
25
-0-
August 9, 1990
Gary Murrala
1,170
1,L74
718
31062
558
L27
50
208
25
15
780
749
1.071
2,600
ef.
(l{lndo Seat Iucl. )
2,2O2 ef .2,079 sf.
ef.
845
773
1,040
2,659
ef.
sf.
ef.
4049
2,609
-
2,560
oo
/W ^fr ////&,*"/"^l- s-/34o 7'qot/4-
t*-{tur/, .( -1; b4fu - rr*/^ G e F4,r,e
# /,&.!2q ; h r6a-a--# o-1 +,*
' ^i"r/ktffib/*/ /""€ .e /-""
- t # "r-0,-4 b"fr-'< pf//* n d ( JaA,*,
- kZUt k /,q, a M 764* €-/zH ";U,Qa//U6fr#*/,/"
l.tEM0
T0: Mlke MoLluca
Town of VaLl
FROM:
Cornmunity Developnent , /l /
Mike Lautero^"n /,t/A/
DATE: August 6, 1990
RE: 754 Potato Patch Drlve
['Iest Residence
Crarrl Space Beneath Garage Floor
Pursuant to our rneetlng thie morning, I agree to deslgnate a epace under
the garage floor of the west resldence as GRFA pursuant to the Town of
Vailte definltion. This space whLch would not be consraed by any requlred
shear bracLng or the existlng dlrt, whlch cones wlthin flve feet of the garage
floor ceLling, meaaures 3.5 feet by 15 feet for a total of 53 square feet.
Pl"ease contact me lf you have any questions.
\
754E & 754W Potato Patch Drive
Vail., Colorado
LEGAL DESCRIPTION
tjast Parccl, I{est Parcel , and Connon Parcel, Alpine iownhones IV, Town of VaiI. county ofliagle ' state of colorado. according to the plat recordecl July 13, t99Q in Book s3l at page
51? of the Eagle County Records.
IMPROVEMENT LOCATION CERTIFICATE
I ht':rcby certify that this ir provement location certiliicate was prepared for MichaeLj,.iute}.bach, that it is not a lzuid survey plat or ilrprovenrent survey pJ.irt, alcl that it is
rlc t to be reL j.c'd uPon f or the cstabl ishment of f ence , bu j. J.ding, or other t'uture i.nrpr.ogemr:nti i nes .
i ittt'rltet' celtify tirat the inlprovenents on the above (le:icribe;cl prircel ori this 4att:, .JuJyl[]. 1090. tl,tce;r1: tlt-ility conttect-ions, are enIirely withirr the borruclaries 6f the 1.r1r.r:ci,'licept os slrr''wn, that there are no encroachmeltts upon the describecl plemises by
'i rlpl'ovclllollts oll any adjoining p|emises, except as indi<:aLecl , anrl that t-here is no apparentevidence of any easement crossing or burdening any t)art of said parce-1 , except as noted.
Ndte: Rldge elevatlon for East unlt is 84s2.s9', and l{est untt is 8441.69'.
r-ote: There was no final title policy available for thjs certificate so there may beeasenlents, or rights of way of record other tharr what is shown on t-hi s celtificatc. lnriscertificate js based on tjtle connitnent nunber 89005329 preparecl by Stewart Title GLrarantyConpany, dated September S, 1989.
)lote: Base<l on FEYA napping for the 'l'own of Vajl. the inrprovenrent:s lie within zolle c.
Notice
defect
cvent
years
nay
fron
: Acco'di'g to colorado l.w, you must comnlcnce a.y legal .ction basediu tli:s certificate within three years after you first cliscover such
upoll any
defect. In lo
nore than teltany action based upon any defect in this certificate be connrencedthe date of certification shown hereon.
t
/9
==--- - -a
P.E P.L.S 12566
/094
/eapeJ-
€*)
f*sl ' t4sL, j?t
ptytr,l : y453, o
o,6t "
IVSI M,,"K.,n'. S,,ru".r'i,tg & fa,,git',"".i,'g' It,*
P. O. Box 321 . -109 0r6oP-, L;r,r,.: o I.rgk:. Colo. Bl6ll . 3ATt318 7 2OIl
e.e)
we5+t44 t, 6?'
6142, 5
O,tr t' urycleA
tx;'i.x3
Page 2 of 2
f
DRIP 4O, R o.w
POTATO PATCH
L s. 12566
N 860 13' 39 8" E 50.76
L S I? 566
COMMON PARCEL
20' Radial Drainage
Easement
TRACT C
BLK 2
- ^2't\?
^c€. o
^ \liP-nRF'' -v:'1i'-\ t '
-'9.'.<
--<;\^EN'E AD -
L.S.
|r)9
to
@
F
r.)
\@-
-
WEST PARCEL
O,O 8 33'ocres
N
l'-/<o
t!
()
hv
3rl
^l;l
^i,n ,'b
i!
rt)
C!
fo
z
';\--
*\,
rx
t
r.s. .
Ab'
tro
P
o ro 20 40
SCALE' l"= 20'o
lfl FND L.S. II2O4
c1
c2
CURVE DATA
I)e I ta lt:id. Arc
6.1 "10'36" Lrtl .74 00.92
t9'2(;'28" (\2.86 ?1.3{lTRACT
Br-0cK
c
?
3 W.C SE
lr+ j
Rl,,"Y /
SET r2566
o
LOT 4
BLOCK 2
5 i'r Ls r2i.€t6
+. EAST uNtr
2 STORY }IOOD FRAME
EAST
o.o783
PARCEL
(ta rp<
s.72,)53 r4"E. 0.5 0;
4l ^. \r,.0'
_rq
WEST UNIT
2 ST0RY t,lo0D FRAME 5 3
N. 7 Zo5 3' i4"!v ,rT"
tt. s,l -rc{q
1'.,s' i
/205J--
COMMON PARCEL
O.3188' ocres
/aJ'n*, /af.[
b ^^'f"*6*.\
Page I of 2
89/O94
CB CL)
s.61".t1'02"E, (iat,.47
S.39" 1B'5u" 8. ?.\ .2i\
Project Application
(-^^,\^\--.--l*-
or," 3\-l
Proiect Name:
Proiect Description:
Conlact Person and
Owner, Address and Phone:
-\lArchitect, Address and Phone:
?2
Leqal Description: Lot 2 , Block z-- ,r|nn/
Com ments:
Design Review Board
Dale
DISAPPROVAL
Stafl Approval
F5^-"- *ll)
DD 1('D
I
1,t1,?o \9n f>.J* g-
P^*- Nfit az .ap-,2-6;e ^d .* zh ao--.{ "r'J'( 1tL, j4
-e#d h fu6/- laH b;\-
W -M"d'h;- ory4b+'4, t4 /7t<
1
)i
I'
lr
i
di
l'
+
Rr/7tl tA - oz+z+-,
^^ftr. //'2?'t7iiliiry
ZONE CHECK
FOR
SFR, R, R P/S ZOIIE DISTRICTS
ho ne
Block L Filing /a#4' hl"L
AOORESS:
0t,lNER n;(< Le,.lcrln.l'
ARCH I TECT
ZONE DISTRICT
PROPOSED USE
LOT SIZE
Hei ght
Total GRFA
PrimarY GRFA
SecondarY GR'FA
Setbacks: Front
Sides
Rear
Water Course .
I l,ttg\Site Coverage Uu'u )
Landscaping LOo'\
Fence,/Reta'i ning 'Cal l Heights
Parki ng
Credi ts: Garage
Mechani ca l
Ai rl ock
Storage
Solar Heat
Phone
4341 t
Al I ot'ted
gg1(33)
26os
t736
20'
15'
1qr
(30)(so)
irEJ
t2519
5 pq"irc.ol
(3oo ) (600 )
(soo)(1200)
(so)(loo)
(2s)(50)
(2oo)(4oo)
Pro oo s ec
_fr18
zl'lz:l
11oo.4
2t"t1.i
1-
?-
,/
L/
n/A
a
G')
(to\
Drive: S'tope Permi tted F ?o uN<' Slope Actual 5'/t 7"
Envi ronmental /Hazards :Aval anche
Flood Plain
Slooe /6'l9a AvJ-
$letl ands
Comments:
i.T ZoEry
Geologic Hazards
Zoning: Approved/DisaPProved
Date:
)Eatf 5lgnaEure
o
,
Rt[,0NOv2cl'j8g
APPLICATIOiI
I)ATE OF ORB
OATE:
.qRB APPLICATIoN . ,.Fi
'*r**THIs APPLICATIoN WILL NoT BE ACCEPTED uNTIL ALL INFoRI,|ATIoN Is sUgl|ITTEDT'.r*i ..'.:
- :.{.;:
T. PRE.APPLICATIONMEETING:. :. ...f:
,,;itPRE-APPLICATIoN MIEIING: ,. :.. , . :'. ,,;i;
A pre-application meetine with-a plannins staff T*b:: i:-?l::9ll :Y?lt::t1.::^.., .,;lA pre-application meeting lith i planning staff member'is 9lrongly suggested to-^-, .ff
.tpremi ne if a?iv additiorral information is nceded. Nc application-lrill be.accepted . ";iF;
ilil;;'il i; ffipil;-i*it inctuae oit iierns required bv the zonins adninistrator). *,'i;:t
ii ii tfr. applicint's iesponsibiiity to make an appointtnent'dith the staff to,find . '..:.:.i
i]t'iuJiji iiiiiionJr-suomittat-"equ"irurunts- Pleise note that a coMPLETE 9nn!ic1' r ..'-rjii
lion witl streamline ttre approvai'procesi for your proiect by decreasinq the number i-;
Ji-ljonaiiionr-or approvar ihai ifre'ons miy sti-pulatb. ALL conditions of approval must _ffi
be iesotvea before i building Pernit is issued- .' j:l
A. PROJECT DESCRIPTION: Alplne Townh'ohse IV, Prftuarv/Secondar., te".i,r"',rial ' i-:c#
DuDlex S t ruc ture
8. LOCATION OF PROPOSAL:
Address 754 Potato Pa
Legal Descri pti on Block Fil in9 t
P. O. Box 3451 v a1_t Colo 81658 tel ephone JfhJgA!
be paid at the gime a building Permi t is requested'
rgg
Zoning P/S
NAI,IE OF APPLICANT:Mlchael Lauterbach
Address P. o. Box 345I vaiL, colo 81658 telephone 476-6944
D. NAI'IE OF APPLICANT'S REPRESENTATIVE:
Addres s
NAI'IE OF
tel ePhone
OI.JNERS:
Signature
Address
F. DRB FEE: The fee will
VALUATION
3 0-i 10,000
i10,001 -t 50,000
l:.50,001 - f 1s0,000
$150,001 - t .500,000
$s00,001 - 51,000,000$ Over $1,000,000
$ 10.00
$ 25.00
$ 50.00
$100.00. $200.00
$300.00
IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
1. ln addition to meeting submittal requirendnts, the applicant must
to indicate property iina; and building corners- Trees that will
should also be irartio. 'ihis wort nust-be completed before the DRB
. si te.
2. The review process for'NEl|| BUILoINGS will normally lnvolve two separate meetings
of the oesibn Review Board, so plan on at least tt',o rneetings for their.approval .
3. People who fail to appear before the Design Review Board at their scheduled
rnee'tirg'ina ntro have'nJi'.ik.d fo. a postponement will be required to be
republ i shed.
stake the site
be removedvisits the
ZOIIE CHECK
FOR
SFR, R, R P/S ZOiiE DISTRICTS
nA?tr. l1-20-89
iEiii mseAriiorm'1 Block4Filing t
1OOSESS, ?54 Po
0r.,lNER
ARCHI TECT
ZONE O
PROPOSED
LOT SJZE
USE Primarv/ seconda"v nuolex
... J!-{sJ:ee
-
Hei 9ht
TOTAI GRFA
Prinary GRFA
Secondary GRFA
Setbacks: Front
Si des
Rear
llatEr Course
Slte Coverage
LandscaPi ng
Fence/ Reta i nj ng Ual I
Park i ng
Credi ts: Garage
Heights
Al 1o\'ted
(30)(33)
4,341
2,605
r,736
')il
1<r
15'
( 30) (50 )
Pro oo s ed
33r Maxlnrn
;!]!!-Maxluuo
Substantlally
r,/Jo
20,
15'
15'
@
1.200
100
50
400
Mechani cal
Al rl ock
Storage
Solar Heat
Drive: SloPe Permi tted
Envi ronmental /Hazards :
(3oo) (600)
(900)(1200)
(50)(1oo )
(25)(so)
(2oo) (4oo)
Slope Actual Less than 8z
Avalanche
Flood Pl ain
Slope
tfetlands *ott
,
Geologic Haza"ds '"..fl
Conmen$ :
Zoning: Approved/DisaPProveo
oate :
slatf si gnarure
o
nTTT T-1' I llr- rrt^,, !:F' I?.ralT;c:l
SUDD IVIS ION Potato Patch
JOB NA".1E Alplne Moirlhouses
LOT 3 BLOCK 2 FILING
A!DBESS 754 Potato Patch Drive
The Location of
Eust be aPProved
sire pta!.
Mounsain Bell
4bat-o)uv
urillti.es, wherher they be tr,aiB cruni< llnes
and veri.fLed by the folloring ucilicies for
or proposed lJ.nes,
che accoBpanying
Author::ed S lzna ture Date
l.les reln Sloge Cas Co.
I 800 922- r 98 7
llarry MoYes
Publj.c Service Coopany
949-57 8L
Gary BalI
lloly Cross Elec,airc Assoc.
949-5892
Ted l{usky/MlchaeL Lavercy
Ileri:age Cablevision T.V.
949-5530
Gary Johnson
Upper Eagle Valley l.Iacer &
SaniEaEi.on D !s rricr
Fred Haslee
NoTEr
' '4-97
t/-h-€q
-///-tu-€9
cut perniE. A streeE cu! DeEBiE lusc be obcauEd separaceiY. - - .
o qr&x;. qLa'*'/'*-/ aj//2t"4'/ ,l^ ' /sU U
lhls fora is to vcrlly service availablliiy aad locallon,
Thts should be used ln conjuncelon vich preparing your
utlllry plan alrd schedullng lnsaallattons.
t(Please bring a s{te plan "t"rr' oicalnlng Upper Eagle Vatley lr.cer
& Sanltaclon s lBnarures )
-:4-:%'+ /t-'co:-?7
1l^16-F,0
These veri.ficatlons do no! reliEve che conlraccor of
to obEain a srree! cur pennj,r lroB ghe Tosn of Vat1,
l{orks and ro obEaj.n u!iliry locaElons before diggi:rg
of-way or easeDenc !n che Tosn of Vail. A builCing
hls !espons ib iI! !y
DeDa!cirenE o! Pub I:c
in any public rlBh:-
Derr:ri.c ls noE 3 stteet
LIST OF i.!{TIRiALS
#IF;oi,.llgiF?l;*,. fEcll orscnlPrtcltt LoT-:-
iiRrei looness 'diSEiipiiotr oF PRo
.'=?
':-'
The foi I otri ng
Eoard before
A. BUILDIiIG
Roof
Siding
information is required for submittal by
a final approvai can be fiven:
|,IATER,IALS: iYPE OT MATERiAL
the appljcant to the oesi9n Review...
COLOR
cedar Shakes
Re&tood
1x6 Redwood
lx6 Redwood
Kat ls
PLANT I'IATERIALS, gg!4igLIE Common Name Quanitv
.F^^^--h +.i... Evergreens 10.-.-
AsPens
qi".i
6-8'
To Exceed Mlnlnuru,
TXISTING TREES T()
8E RE|'I()VEO
-6EDes-I4"
rlndicare calrper.for deciducious trees. lndicate height for .lrt,l.it";
0ther Hall MaterialS Stucco Belge
Fasci a
(nffi t<
lr|i ndor.ts
llindolv Trim
Doors
0oor Trim
Hand or Deck
F'lues
Flashings
Chimneys
T&GFlrPlywood Belse
Pella Ittite Clad
Beise
Belse
M"t"1 Pip" B"ig"
calvanlzed Metal Belge
Belse
Trash Encl osures
Greenhous es
0ther
B. I-ANDSCAPIIIG: Name of Oesigner:
Phone:
. PLAitT IIATEiIiLS:
(con't)
<uo||n<
Bota n i cr I l,lame Con::?on liame
Potent 111a
Quani t'/
l0
rt
. -!u
(lrc
'.14-
EXISTIiic SHRUBS
TO 8E REI'IOVED
GROUiiD CCVERS
Tvoe
NacuraL Grassea
(^ri:r. F^^?r^o
6.000 sf
s0D
cc:n
IRRIGNTIOiI
Bluegrass 2.000 sf .
c.
TYPE OR METIOD OF
EROSIOII CONTROL
NaturaL Ground Covei
OTltER LANDSCAPE FEATURES (retaining wallsr fences, swimting pools, etc.) Please specify.
{1
Nicholas Lampiris, Ph.D.
@NST'LTING GEOLOGIST
O79I} VALLEY ROAD
CARBONDALE, @LOFADO 81623
(3&r) 96$3600 (24 HOt Rs)
December 10, 1989
Flichsel J. Lauterbach
F.O. 8ox 3451
Vail, CB. 81658
RE: Lot 3, Vail F'otatoe Patcho RockfalI
Dear l"lr. Lauterbach:
I have
re{eren
decided after ha vi ewer,ite on Lot S
ed above. that
The lot is near the top of the rock{allg are minimal anyway.
With the pnsitive area existing where you plan to build,racks frorn the opposite road cut, having the potentiaL {orlittle momentum, cannot reach there. I believe the rockswill not go past the road right-of*way on your side ot the
road and have indicated such on the map revieion.
Your lot becomes steep on the south and wegt gides of theproperty so that site specific soils investigation {or proper
{oundation design is very irnportant for the6e uncongol idated
gl, acial. moraine depo*its. Site drainage should be part o{the overall design.
Even though your lot will be mostlyt is necesgarv to
Please contact rne i+ ah;iFE-ai'A er
taken outstate that
qu
5i ncereL y n
{bl.E \ r. r,.alrFj.r.
-1,
: f r...-r . -. .-.
-^|.
^ L'. I1 r'.:
7.:'--:,
.:5ffr
I NTER.OEPARTI'IENTAL REV I EI.I
+ L- ,1 ' -t2,, _ ,t^ltr'"f,2, /, "/o, ",) "f,r"r*tJoJLs 6\tt,r 4^'^
t'V
,??:;, #*-.#r,. h;' f :L P'fft?fr
r"> L-. .
BRIEF OESCRIPTION OF THE PROPOSAL:
t nu;z&^-q
,-l6sr-T rroRfi---:=-
ate_&f2fu{
Conr,ents:
,\td" {" h*- /^u u-{., a-A 4ri^ + lA*
k)*r' ttut<)i+..- , tr
-
' - ' rv"'|"'A 'lt,tk Jia< /t,, , -D-Lh Sizz ruu)-s. t I ti, - -r,
rtnE oEpr.nrmEHi ]; ,3'"!K- * /t14'e"J b'41'/<- * ?')^-r-'.&ctt'-1<'
Reviewed by, u** ')"'n'A-^r?7"1^ "t^', -/L o{"rtJ
P?.OJECT:
DATE SUiI.IITTEO:
CCI'{'4ENTS IIEEDED BY:
Corrnents:
POLICE DEPARTI4ENT
Revieued by:
Conneerrts:
Revie'ied.by:
CO:-,-:,entS:
Date
'fir.
..r j;
/
DATE OF PUELIC HEARING. IZ. /..77
Date
lanriarr:aira Titlo Association Commitm€nt - rUol r OIZS
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STE\,V'AR.T TITLE
GUARANTY COMPANY
STEWABT TITLE GUARANTY COMPOftV, O Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to isAe its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed I
or interest covered hereby in the I
premiums and charges therefor; all sub
and Stipulations hereof .
This Commitment shall be effective
of the policy or policies committed
either at the time of the issuance of
This Commitment is preliminary to
liability and obligations hereu nder
or when the policy or policies co
failure to issue such policy or pol
valid or binding until countersigned
lN WITNESS WHEREOF, the Com
become valid when countersigned by
with its By-Laws This Commitment is
ST
tiii
*
,'&
u le A, as owner or mortgagee of the estate
to in Schedule A, upon payment of the
of,Schedules A and B and to the Conditions
of the proposed Insured and the amount
l-in Schedule A hereof by the Company,
enclorsement.
or policies of title insurance and all
months after the effective date hereof
shall hever first occurs. provided that the
Company. This Commitment shall not be
or agent.
td thiii Commitment to be signed and sealed, to
officer or agent of the Company, all in accordance
3asof the date shown in Schedule A as "Effective Date."
YART TITLE
nartt coiPatrYn^rrt corP^rYy -A,7 J'-#,ffi;;= W
'l1l\ ,)l ( t)t!ltttt I
Chairman of the
165 (20M IO/88)
Rcccrdcd at .'"**? .r.,
tfr5oatflso
Rrcoder.
Rcccption No.
wAffiiFff+ DEED
,rJ:1
tD"'
%
ld'>
THIS DEED. Made this 2&-
19 89, between SECURITY BANK OF
of the * CountY of
Colorado, grantor, and
MICHAEL LAUTERBACH
whoseregaraddressi" p.O.foy 34f/, /a*t CO &/bS/
of the counry of Eagle and state of Colorado, grantee:
WITNFSSETH, That the grantor for and in consideration of the sum of
oNE HUNDRED FrFTY FrvE THoUSAND AND No/1 00---- ( $1 55, 000. 00 )--------
the rEceipt and suffrciency of which is hereby acknowledged, has granted, bargained, sold and convepd, and by these presents do€s grant, bargain, sell '
convey and confirm, unto the grnnt€e, his heirs and assigns forever, all the real pmpeny together with imprwements, if any, situate, lying and b€ing in the
countyofEagleandStatcofColoradodescribedasfollors:
Lot 3,
Block 2,
VAIL,/POTATO PATCH
county of Eagle, State df coLorado.
day of August
ARLINGTON
and Stat€ of
r{
aU lr'lo.o u',
sUStrl .En
DOLLARS,
tto
oq-
as known by strcet and number a5:n/a (Vacant Land )
TOGETHER with all and singular ihe hereditamenrs and appurtenances rhereto belonging, or in anyuise appertaining' and the rcrersion and
reversions. remainder and remainders, r€nts, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of ihe
grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances'
TO HAVE AND T0 HOLD the said premises above bargained and describ€d, with the appurtenances, unto the gnntee, his heirs and assigns
forever. And th€ grantor, for himself, his heifs, and Personal Eprcsentatives, does covenant, gmnt, bargain, and agree io and with the Srant€€ ' his heirs and
assigns, that at the time of the ensealing and delivery of fhese presents, he is well seized ofthe prcmises abave conneyed ' has good' suE' perfeci
' absolute
and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain' s€ll and convcy the satne
in manner and form as afoGsaid, and that the same are fiee and clear from all former and other grants, bargains, sales' liels, ]axes' asscsErncnts'
encurnbrances and restrictions of whate,{€r kind or nature soever, excepl easements r restrictions , resgfvations
and rights of way, all of record, and taxes of the year 'l 989 not yet due and
payable.
IIrt!(||J
'U IJ
0J>FrFzof,oo\U
u')
AUJ\Joosc
lrl
,"2.d
I'linshew r President
1,,
, re 89
lo
Noory fublic
*when the claim is by, through of-Ct!dif..!t.te Grantorr.but not.ot'herwise'."ii"lr""ir*r,"rr
""i * I wedC,cNT-d.,l6RinEVnn pErrxo ttre
"uoue+atgainia
prcmis€s in ihe quiet and peaceable poss€ssron ol rne grancc'
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part rhereof.thc singular numbcr shall includc the plural'
the plural the singular, and thc use of any gender shall be applicable
'o
all Senders'
fN WITNESS WHEREOF' the grantor has executed (his deed on the date sel forth above'
€
{1JOoo
lF{0.JJiJ F{
-rI!t[1
Itr trlFFl. trllrzl't ZI]-sc+ r-,
srarB oF mXJ(!400X T exas
County of Tarfant
The forcgoing insuument was acknowledged beforc m€ this
by MORRIE B. MINSHEW, PRESIDENT OF
My commission expires
'U in Denvcr, insert 'CitY and "
No. 932A. Rev. ?-t4. wAnnaNTY DEIx! GG rtd.sr'Phlc R"ord)
Brtdford Publishing, 1743 wezc€ St , Dcnvcr. CO t0202 -
30th daY of August
SECURITY BANK OF ARTINGON
. Witless my hand and offtcial seal.
ry
Morrie B.
l''ly Comm, Erp. 11.9.93
8tuosa,7
PROPOSED TNSURED: MICHAEL LAUTERPACH
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA T,OAN POLICY 9
PROPC,SED INSURED
3. THE ESTATE OR INTEREST IN THE LAND DESERIBED OR REFERRED TO TN
THIS COMI'|ITMENT AND COVERED HERETN IS FEE SII-IPL,E AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTEL] IN!
4. THE LAND REFERRED TO IN THIS EOMMITMENT IS DESCRTBED AS FOLLOWS:
FOR QT'ESTIONS REGARDING THIS
( 303 ) 949-r011
PREMIUlI:
OWNERS: 584.00
?AX CERT. 10.00
EOMMITT'IBNT PI,,EASE CALL BETII O'NEILL
DRDER IJullltsEP; ts90053f 9
1. EFFEETII"'E DATE: JuIy 3I.,
f . POLI,]Y ()R I'OLICIES TO BE
A. ALIA OWNER'S POLIEY
STEWART TITLE
OF HAGLE CO[.'NTY, INC.
P.O. Box 1240vAIL, (-'O. 81658
( 303 ) 949-r0rt
SEHEDI;i,E A
I989 :t I : 00 A. i'l .
ISSUED: TIMOLiNT {-}g I\SIiRANCE
S 155'000'rt0
':/. . rt
-
-
---3.I-i--- ---J*;-LAT'ITTICHIZED ,
COUIiTERSIG:\ATURE
STE\vART TITLE
oul Rl trtt coIEAtf l
COUNTY OF FAGLE
STATE OF COIJORADO
9tc t600M 1-49)
St:HEDLrl.,i I - SECTT{l}l i
(JRDER NLTMBEi+ : 89003319
REqLTI Re!!ENTS
THE FOLLOWIN!] ARI] ?HE RF,]TJfJIREMEN'TS 'ICr EIE l]OI'lPLlEI] I{ITI{:
ITts!,I (A) PAYMENT'TO OR FOR fIIE ACCOTINT OF THE GRAh'TORS OR MORTGAGOITS
OF THf, FULL CONSfDERATIOI\i FOR TIIE ESTATE ,JR IISTEREST 1'O tJE I\ISURED.
.ITE!"I iB) PROPER INSTRUI'IENT (S) CREATI}iG TI]E IjSTATE OR INTEREST TO DE
INST]RED I'IUST BE EXECUTED AND DI.]LY FTTED POR RECORD, TO ITIT:
l. Exeeution of affidavit as to Debts ancl Liens and its return to
Stewart title Guaranty Company.
2. Execution of Certif j.cate - Entity 'Iransf erorl Indivtdual
Traneteror and it-s return to the office.
3. Evidence satisfactory to Stewart TitJe Guarant-y Cornpany that
the real eatate transfer tax assegsed by the Town of Vail has
been paid or t.hats the lransaetion !s exempt from said tax.
4. Deed from Security Bank of Arlington, vesting fee simple
title rn Hichael LauLerbach. NOTE; NOTATION OF THE LEGAL ADDRESS
OF THE GRANTEE MUST APPEAR Oli THE DEED AS PER 1976 AMEND},IENT TO
STATLITE ON RECORDTN(; OF DEEDS 73 CRS 3835109 (2).
STE\'VART TITLE
o|'irnaNll colPir rY
99C (500M 1-A9t
1l()IIn[]l:i-E ll - sEC'lIi..
EXCEPT-!:()l.lS
t,,ltDFR'r(il'10!lt-i : Bg0ii:i.ll!l
,TLIE P()I,ICY (JR POLT(] I ES TO
TOLLLiI{III(; UNI,ESS THE SAME
THE r]'-rPlP;\l\lY:
BE ISSUED i^JII.,L .'()lii-'1LN i-,),(:EPT i(:)NS 'l (j 't'L'iF-
ARE DTSP()SED OT? TO THE SATISFACTTON OtT
RIGHTS OR CLAIMS OF PARTIES IN POSSESSI()N NOT SHOI^JN I]Y THE
PUBLIC RECORDS.
EASEMENTS. OR CLAIMS C)T EASEMEi{TS, NOT STIO!{N BY THE PUBLTC
RECORDS.
DISCREPANCIES' CONFLICTS IN BOCNDARY LINES' SHOP.T.\GE Lli :\REA,
ENCROACII}IENTS, ;\ND ANY FACTS WHICII -\ CO1IRECT SURVTY .\i'iD
INSPECTIO.T* OF THE PREI.{ISES WOULD DISCLOSE AND tliHICH Ap.E NOT
SHOI{N BY THE PIJBLIC RECORDS
4. ANY LIEN, OR RIGHT TO A LIEN, FC}R S!]IIVICTS, I,ABOR OR U-CTERI.\L
HERETOFORF: .l,R IIEREAfTER FLTRNISHED, IMPOSIL\ BY LAW l:'lD \()T
SHOWN BY THE T'UBL'C REEORDS
DEFEETS, LTENS, ENEUMBRATJCNS, ADVERSE CI,ATHS OR OTHER MA'ITERS,
IN ANY, CREATED, FIRST APPEARING TN THE PflB},TE RECORDS (]R
ATTACHING SLtsSE?L]ENT TO THE EFIiECTI\JE DATE I]EREOF BUT PRIOR
TO THE DATE PROPOSED TNSURED ACQUIRES OL' RECORD FOR VALUE
THE ESTATE OR INTERAST OR MORTGAGE THEREC'N COVERED BY THIS
COII}IITMENT
6. Any and aII unpaicl taxes and assessnrents and any unredeemed
t-ax saIes.
7. the-bffect. of inr:llrsions in any ,Jeneral cr: specif ie r'rater
eonservancy,' fire f'rotection, soil conservation or other
district or inelusion in any water serviee or street improvr--ment
area.
I . Easements f or water, sewer and rrtri I itv t-rt-rrpos€s -ls 'J r,lntr?'i
to Vail Associates, fnc., in instrument recorded August 7. 1974
in Book 235 at Page 974.
9. Easernenbs for electric transmission and.,or discrrbution ii-rre
purposes as granted to HoIy Crosa ElecLrrc Associatron. Ini.,
in instrument recorded February 23, L97i rn Book ?5? at Fage
777, recorded Septenrber 22. 1978 rn Booi< 275 at fage 735.
recorded Novemb,er J9 ,' 1978 in Book 219 ar ,-'age 76 and recor,led
Septernber 19, 1980 in llook 309 at Paqe 65'i as Recr:ption ilo.
206030.
Llasement s .rnd rrghts-of -wa-v as shoi!'n ,-.ln L.he ir1at..
STE\I:AR.T TITLE
OUANANIY COl|PAI{Y
)9C (500M 1-89)
I
1.
2.
CONDITIONS AND STIPULATIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
lf the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage th€reon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loes or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. lf the proposed lnsured shall disclose such
knowledge to the Company, or if th€ Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incr.rrred pursuant to paragraph 3 of these Conditions and Stipulations.
Liability of the Company under this Commitment shall be only to the named
proposed Incrred and $ch parties included under the definition of lnsured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with tho requirements
hereof, or (bl to eliminate exceptions shown in Schedule B, or (cl to acquire or
create the estate or interest or mortgage thereon covsred by thisCommitment. ln
no event shall crch liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring prwisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the propoaed lnsured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asierting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment.
STE\^/ART TITLE
GIIIARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first pageof thiscommitment.
3.
4.
Page 5
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PrimarY uxrn
SecondarY GRFA
Setbacks: Front
Sides
Rear
Water Course
f "n\Site Coverage V"'
,t^\
Landscaping L?y.
FInJel neta ini ng 'ilal I H
Park ing
Credi ts: Garage
Mechani cal
Ai rl ock
Storage
Solar Heat
ZONE CHECK
FOR
sFR, R, R P/s zollE oIsTRIcTs
3-Block z Fil:ng /o#tr' /*{'L//.2?'77uAii. -====;ooat.-=-liiii o-EscatPttoti{: Lot
ONNER
ARCH I TECT -ni(.i
L^"k.h.L Phone
zor.rE Otsrntcr
FnoposEo usE
LOT SIZE
4341
2boS
t736
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Ff(33)
20'
15'
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(2oo)(4oo)
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Drive: Slope Permi tted 7 7o ufrx' Slope Actuat r '' -
Environmental,/Hazards: Avalanche
Flood Plain
Sl ope
tletl ands
Geol og i c Hazards
Zoni ng:
Date:
Approved/0i saPProved
DATE RECEIVED by CoMMUNTTY DEVETOPMENT
DEPART!{ENT
Appllcation for DuPlex
Subcllvlslon
BoxI,IAII,ING ADDRESS
PROPERTY OWNER
I'TS
,l,.ll
(PLEASE PRINT OR TYPE)
A. APPLICANT llilchael Lauterbach PHONE 476-6944
B.
OTNERIS SICNATUNE
!,TAILTNG ADDRESS
c. IpcATIoN oF PRoPosAI, (STREET ADDRESS) 754 Potato Pqtch Drive
D.
3 BIpCK 2 SUBDMSION Vail/Potato Patch
91OO. OO PArD
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DtrFMRTMtrNT @Ftr@MMUNITV DEVtrL@trMENT
XXXXXXX sALEs AcTroN FoRM XXXXXXX
01 0000 41J30 coM. DEV. AppucATroN mzsp:r ti.+
01 0000 41540 ZONINO AND ADDRESS MAPS
1 0000 42+15 1988 UNIFORII BUILDING CODE
1 0000 42415 1988 UNIFORI.I PLUIIBINC CODE
r 0000 424,15 1988 UNIFOR}/ MECHANICAL CODE
'r 0000 42+15 1988 UNIFORII RRE COOE
'f 0000 42115 1987 NAT]ONAL zuCTRICAL CODE
1 0000 42115 OTHER CODE BOOKS
1 0000 41s48 LUE PRINTS (M\1-{RS)
01.0000 +2+12 XEROX CopiES ,/ STD|ES
r 0000 42371 ENALTY FEES / RE-INSPEC]IoN
I 0000 41322 OFF HOURS INSPECTION FE
CONIRACTORS UCENSES FEES
I 0000 41330
0l 0000 41413 .SIGN APPLICATION
cOMr'lEAtrs: M,c L.qe-i Lc. ute_/L.-. l...
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l'liscel I ane*u= Ca=h
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TOWNtrOUSE DECI.IRATIOX
FOR
AI.,PINE TOMWOUSES IV
RECITAI,S
I. MLchael Lauterbach (IDeclarantrr), Ls the owner of thereal property (the rrPropertyrr) situate in the County of Eagle,State of Colorado, described as the rrEast Parcelrr, the rrWest
Parcelrr, and the rrCommon Parcelrr in Exhibit A attached hereto and
made a part hereof.
2. Declarant has constructed on the East Parcel and the
west Parcel a building consisting of two units, with each sushunit designed and intended for use and occupancy as a residentialdwelling unit. The units are designated herein as the rreast
apartment unitrr and the rrwest apartment unittr, respectively,
which are sometimes referred to herein separately as rrapartment
unitrr or collectively as rrapartment unitstr.
3. The East Parcel contains the east apartment unit andthe West Parcel contains the west apartrnent unit.
4. Declarant desires to and does hereby establish a plan
for the ownership of the East Parcel and the West Parcel asestates in fee sinple and the co-ounership, by the individual and
separate o\rners thereof , as tenants in common, of the Cornrnon
ParceI.
DECI,ARATION
Declarant does hereby publish and declare that the following
terms, covenants, conditLons, easements, restrictions, uses,
reservations, linitations and obligations shall be deemed to run
with the land described herein, shall be a burden and a benefitto Declarant, their personal representatives, heirs, successors
and assigns and any person acquiring or owning an interest in the
real property which is described herein and inprovements built
thereon, their personal representatives, heirs, successors and
assigns.
1. DMSIoN oF REAIJ PROPERTY. (a) The Property is hereby
divided into |ttownhouse unitslr as follorrs:
(i) The trEast Townhouse Unitrr consisting of a feesinple estate in the East Parcel and an appurtenant thereto
one-half undivided interest in and to the common Parcel ,together with the irnprovements, easements and rights located
thereon or appurtenant thereto in the same respective
interests i
(i1) The lrWest Townhouse unLt" consisting of a fee
slnrple estate in the west Parcel and an appurtenant thereto
one-half undivided interest Ln and to the Common Parcel,
together with the inprovements, easements and rights located
thereon or appurtenant thereto in the same respectiveinterests.
(b) Each townhouse unit shall be inseparable, and nay
be Leased, devised or encumbered only as a townhouse unit. No
owner (rrownertr) of a townhouse unit shall assert any right ofpartition with respect to the Common Parcel and each owner waives
any and all rights of partition he may hold by virtue of his
ownership of an undivided interest in and to the comnon Parcel asa tenant in comnon with the other owner.
(c) Title to a townhouse unit may be held individuallyor in any form of concurrent otrnership recognized ln Colorado. In
case of any such concurrent ownership, each co-ohrner shall be
jointly and severally Iiable for performance and observance ofall the duties and responsibilities of an owner with respect tothe townhouse unit in which he owns an interest. For all
purposes herein, there shall be deened to be only two owners, the
owner of the East Tohrnhouse Unit and the owner of the West
Townhouse Unit. The parties, if nore than one, having the
ownership of each such townhouse unit shall agree among
themselves how to share the rights and obligatlons of such
ownership; provided, however, that if a corporation, partnership,
association or other legal entity shall become an owner or theparties, if rnore than one, have the concurrent ownership of a
townhouse unit, then such entity or concurrent owners shall from
tfune to time designate one individual who shall represent suchentity or concurrent owners in all natters concernlng a1I rights
and obligations pursuant to this Declaration. Any such entity or
concurrent owners shall give written notice to the other owner
designating the individual to act on its or their behalf and suchnotice shall be effective until revoked in writing by such entityor oqtners. Any act or omission by such designated individualshall be binding on the entity or ohrners having designated hin in
favor of the other owner or any person who nay rely thereon.
(d) Any contract of sale, deed, lease, deed of trust,
mortgage, will or other instrument affectlng a townhouse unitshall describe it by the legal description of the parcelconstituting such townhouse unit and as an undivided one-halfinterest in the conmon Parcel described by its legaL description,with such legal descriptions being set forth in Exhibit A.
(e) Each townhouse unit shall be considered a separateparcel of real property and written notLce shall be given to the
assessor of Eagle County, Colorado, so that each toqtnhouse unitshall be separately assessed and taxed.
2. ENCROACHMENTS. If any portion of one of the three
above described parcels now encroaches upon any of the otherparcels as a result of the construction of any buildLng, or if
any such encroachment shall occur hereafter as a result ofsettling or shifting of any building, a valid easement for the
encroachnent and for the maintenance of the same so long as thebuilding stands, shall exist. In the event any building shall bepartially or totally destroyed as a result of fire or other
casualty or as a result of condemnation or eminent domain
proceedings and then rebuilt, encroachments of parts of thebuilding on any other parcel , due to such rebullding, shalL bepermitted, so long as such encroachments are of no greater extent
than those previoust-y existing, and valld easenents for such
encroachments and the maintenance thereof shall exist so long as
the building shall stand.
3. PARTY WALL. (a) The conmon wall placed equally
divided on the conmon boundary separating the east apartment unlt
and the west apartment unit, the footings underlying and theportion of roof over such wall is collectLvely referred to herein
as the rrParty Wallrr.
(b) To the extent not inconsistent with thisDeclaration, the general- rules of law regardlng party walls andIiability for damage due to negll-gence of willful acts or
omissions shall apply to the Party Wall.
(c) The owners of either apartnent unit shall have a
perpetual easenent in and to that part of the other apartnentunit on which the Party WalI is located, for party wall purposes,
including mutual support, maintenance, repair and inspection. Inthe event of damage to or destruction of the Party lilall fron any
cause, the owners shall, at their joint expense, repalr orrebuild the Party WalI, and each owner shall have the right tothe full use of the Party WaLl so repaired and rebuilt.
Notwithstanding anything contained above to the contrary, lf the
negligence or willful act or omission of any orilner, his fanLly,
agent or invltee, shall cauae damage to, or destructLon of, the
Party Wall, such owner shall bear the entire costs of repaLr orreconstruction, and an owner who by hls negligent or willful act
causes the Party Wall to be exposed to the elements shall bearthe full cost of furnlshing the necessary protection against such
elements.
4. I,ANDSCAPING, SERVICE FACILITIES, ACCESS AND PARKING.(a) Except as otherwise specifically provided in writing andexcept for any expense or liability caused ttrrough the negtlgenceor willful act of any owner, his farnily, agent or invitee, whichshall be borne solely by such oerner, each owner shall share one-half of all expenses, Iiabllities and general upkeepresponsibiLltles with respect to the Conrmon Parcel and all
improvements thereon. The onners from tine to tJ.me, shall
undertake such landscaping and general outdoor J.mprovenents asthey nay mutually and unanimously deern proper for the harmonioua
inprovement of both townhouse unlts in a common theme. The ohtnerof one townhouse unit shall not unreasonably danage the value ofthe other townhouse unit such as by shoddy upkeep outside, butboth owners shall make all reasonable efforts to preserve a
harmonious conmon appearance of the apartnent units and Common
Parcel . Each onner nay use the Conmon Parcel and irnprovenentslocated Lhereon in accordance with the purposes for whJ.ch theyare intended, including, but not linited to, access to his
apartment unit, parking, landscaping, trash storage and open
space, without hinderlng or encroaching upon the lawful rights ofthe other owner.
(b) conmon utility or Eiervice connections or lines,
common facilities or other equipnent and property located in or
on the Conmon Parcel or either of the apartment units or theparcels upon which such apartment units are located but used in
common for the benefit of the Common Parcel or for both the East
Parcel and the West Parcel and the apartnent units locatedthereon, shall be owned as tenants in connon of egual undl-videdone-half interests by the owners of each townhouse unit and,
except for any expense or llability caused through the negligenceor willful act of any ouner, his fanily, agent or invitee, whichshall be borne solely by such owner, aII expenses and liabilities
concerned with such property shalt be shared proportionately wLth
such ownership. The owner of the parcel and the apartnent unit
thereon on which such property is not located shall have aperpetual easenent in and to that part of such other parcel and
apartment unLt thereon containing such property as is reasonably
necessary for purposes of maintenance, repalr and inspection.
(c) It is expected that common parkJ.ng and accessfacilities will be provided on a portion of the common Parcel .
The owners shall have equal right to the use of such access andparking facilities and no owner shall hinder or permit hisinvitees to hinder reasonable acceas by the other orvner and hisinvitees to the parking areae or such other ownerrs apartmentunit, and further, the onner of the east apartrnent unlt shall nottake or permit his invitees to take more than one-half of theparking spaces fron tine to time provided on the Common Parcelwithout the consent of the other owner, and the owner of the west
aparturent unit shall not take or permit his invitees to take more
than one-half of the parkinlt spaces fron time to tine provided onthe Comnon Parcel without the consent of the other owner. It is
presumed that snowptowing will be required fron time to tJ.rne, thecosts of which shall be shared equally by the onners. other
maintenance and repair of such parking and accese facilities, as
nay be reasonably reguired from tine to tine, shall be undertakenjointly by the oyrners, the costs of whl-ch shall be shared equally
by the owners.
5. ALTERATTONS. MAINTENANCE AND REPAIRS. (a) Inaddition, to naintenance provided for in Paragraph 4 above, the
owners shall, at their joint and equal expense, provide exterior
rnaintenance and exterior repair (naintenance, repaLr and
replacernent of items required from ordinary use and on a perlodic
basis) upon each apartment unit and the J.mproved and unimproved
portJ.ons of the parcel upon which located lncluding, but notlimited to, the exterior walls, decks and staLrcases, and theroof housing the apartment units and the parking and accessfacilities located on such parcels, but excluding the exterl.orhot tubs, which hot tubs shall be maintained and repaired by therespective owner thereof. If the need for repalr is causedthrough the negllgence or willful act of any owner, his famLly,agent or invitee, such owner shall bear the entire costs of such
repaLr or reconstruction.
(b) Each owner shall be solety responsible for
maintenance and repal.r of the inside of his apartnent unitincLudlng, without lirnitation, fixtures and lmprovements and allutility lines and equipment located therein and serving such unitonly. In performing such maintenance and repair, or in inprovingor altering his apartment unit, no ovrner shall do any act or workwhich J.mpairs the structural soundness of either apartment unitor the Party t{al} or which interferes with any easement grantedor reserved herein. I
(c) Utifity or service connectl.ons or linee,facillties or other utility equipment and property located in, onor upon either parcel contalning an apartnent unit, in such unit,or in on or upon the conmon Parcel, which are used solely to
supply a service or utility to one apartment unit or the parcel
upon which it is located shall be owned by the ohrner of the
apartment unlt using such utility or service and all expensee andfiabilities for repair and maintenance shall be borne solely bythe owner of such apartnent unit, who shall have a perpetual
easernent in and to that part of such other parcel or apartmentunit containing such property as is reasonably necessary for
purposes of maintenance, repair and inspection.
(d) No owner shall make or suffer any structural or
design change (including a color scheme change), either permanent
or temporary or of any type or nature whatsoever to the exteriorof his apartment unit or alter any present exterior inprovementor construct any additional exterior improvernent or additional
building or structure of any type or nature whatsoever uPon anypart of the parcel containing his apartnent unit or the Conmon
Parcel without first obtaining the prior written consent theretofron the other owner. In case of danage or destruction (other
than as provided for in subparagraph 5(a) above) of any apartrnentunit or any part thereof or of any inrprovenent upon any part ofthe parcel containing an apartnent unit by any cause erhatsoever,the owner of such apartment unit or improvement shall cause wl.th
due diligence the apartment unit or irnprovement to be repaired
and restored, applying the proceeds of insurance, if any, forthat purpose. If the cost of repair or reconatruction exceeds
such insurance, the excess shall be paid for by the owner of the
damaged apartment unit or improvement. such apartnent unit or
irnprovement shalt be restored to a conditlon conparable to thatprior to the damage and in a harmonLous manner to pronote the
cornmon thene of both apartment unLts and Lmprovements on theparcels containing the apartment units.
6. MEcEANTc's LrENs; INDEMNIFTCATION. (a) Except for
items incurred as a comnon expense as provided for herein, if any
ohrner shall cause any rnaterial to be furnished to his parcel or
apartment unit thereon or any labor to be perforned therein or
thereon, the other owner shall not under any circumstances be
Liable for the payrnent of any expense incurred or for the valueof any work done or materLal furnl.shedi all such vtork shall be at
the expense of the owner causing It to be done, and such ownershall be solely responsible to contractors, laborers, materlalmen
and other persons furnlshing labor or materials to his apartnent
unit or the parcel on whLch located or any irnprovements thereLnor thereon; nothing herein contained shall authorLze el-ther owneror any person dealing through, with or under either owner to
charge the Conrmon Parcel or any apartnent unit or parcel on whlchlocated of the other owner with any mechanLcrs lien or other lienor encumbrance whateveri and, on the contrary (and notice lehereby given), the right and power to charge any lien or
encumbrance of any kind against the Cornmon Parcel or one owner oragainst one ownerrs apartment unlt or parcel on which located for
work done or materials furnlshed to the other ownerrs apartmentunit or parcel on which located is hereby expressly denied.
(b) Except as provided for in Paragraph 8 below, if,
because of any act or onission of any owner, any mechanicrs orother lLen or order for the payment of money shall be flledagainst the Cornmon Parcel or against the other ottnerrs apartnentunit or parcel on which located or any improvemente therel.n orthereon, or against any other owner (whether or not such lien ororder is valid or enforceable as euch), the owner whose act or
omission forms the basis for such lien or order shall at his oerncost and expense cause the same to be cancelled and discharged ofrecord or bonded by a surety company reasonably acceptable to
such other ohrner, within 20 days after the date of filingthereof, and further shall indennify and save the other onner
harmless fron and against any and all costs, expenses, claims,
losses or damages, including reasonable attorneyrs fees resulting
therefron.
7. INSURANCE. (a) Each owner shall keep his apartrnentunit and all fixtures therein lnsured agalnst loss or danage byfire and extended coverage perils (including vandalism andmalicious rnischief) for the maximurn replacement value thereof.
Any owner may on 30 daysr written notice, at any time one year orIonger after the last appraisal of the apartment units, obtain awritten appraisal of such units from a competent appraLser,
charging both owners with the costs thereof. Such appraisershall be a disinterested and independent third party who Ls
unrelated in any manner to either owner whether through joint
business ventures or otherwise.
(b) Each owner shall- provide and keep in force for theprotection of hiureelf general publlc J-lability and property
danage insurance against clains for bodily injury or death orproperty damage occurring in, on or upon hJ.s parcel owned ln fee
sinrple, the improvements thereon, and the Common Parcel and the
improvements thereon, in a linit of not less than $5oo,OOO in
respect of bodily injury or death to any number of personsarising out of one accident or disaster, or for damage toproperty, and if hiqher lfunits shall at any time be customary toprotect against possible tort tiability, such higher linits shall
be carried and each owner shall narne the other owner as anadditional insured party under such policy.
(c) Each owner shall be separately reeponsible for all
.lnsurance covering loss or damage to personal property ln hls
apartment unit and liability for injury, death or damage
occurring upon his parceL or inslde his apartnent unit thereon.
(d) Each owner shall deliver to the other ownercertificates evidencing all insurance required to be carrled
under thls Paragraph 7, each containing agreements by the
insurers not to cancel or nodify the policies wlthout givlng the
other owner written notice of at least 30 days. Each owner shall
have the right to Lnspect and copy all such Lnsurance policies ofthe other owner and require evidence of the palment of prerniums
thereon.
(e) Nothing provlded ln this Paragraph 7 shall prevent
the owners from jointfy acquiring a single policy to cover any
one or more of the hazards required in this Paragraph 7 to beseparately insured against by each owner.
8. RIGHT TO LIEN. (a) If an owner, at any tLme, shallneglect or refuse to perforn or pay his ehare of any obligatlonrequired hereunder, the other owner may, but ehall not beobligated to, after 20 days written notl.ce unless the
circumstances require imnediate action, nake such payrnent, or, onbehalf of such other owner, expend such sum as may be necessaryto perforn such obligation including, but not linited to, the
paynnent of any insurance premiums requlred hereunder or theundertaking of any work required hereunder for repair,restoration or maintenance, and such other oerner shall have an
easement in and to that part of such defaulting ownerrs townhouseunit as is reasonably necessary for such repalr, restoration or
rnaintenance.
(b) AII sums so paid or expended by an owner, withinterest thereon at the rate of 18 percent per annum fron the
date of such paynent or expenditure until paid in full, shall bepayabte by the owner so failing to perforrn (the I'defaulting
ownertr) upon demand of the other owner.
(c) All sums so demanded but unpaid by the defaulting
olrner shall constitute a lien on the townhouEe unit of thedefaulting owner in favor of the other owner prior to all otherliens and encumlrrances, except: (i) liens for taxes and special
assessmenti and, (ii) the lien of any first mortgage or first
deed of trust of record encumbering such townhouse unit. Thelien shall attach from the date when the unpaid sum shatl become
due and nay be foreclosed in like nanner as a mortgage on realproperty upon the recording of a notice or clain thereof executed
by the nondefaulting owner setting forth the amount of the unpaid
Lndebtedness, the name of the defaultlng ovrner, and a deecrlptionof the townhouse unit. If any such lien Ls recorded, thedefaulting onner shall be required to pay the costs and expensesof the preparation and recording of the nondefaulting ownerrsIien, including reasonable attorneyrs fees, or $150.00, whicheveris greater. In any such foreclosure the defaulting owner shall
be required to pay the costs and expenses of such proceedings,
including reasonable attorneyrs fees.
(d) The lien provided for herein shalt be subordinateto the lien of any first mortgage or deed of trust, including alladditional advances thereon. Sale or transfer of any townhouseunit as the result of court foreclosure of a mortgage,
foreclosure through the public trustee, or any proceeding ln lieuof foreclosure, including the transfer of a deed in lieu of
foreclosure, shall extinguish the Iien of such asseEistments as to
paynents thereof which become due prior to such sale or transfer,but shall not relieve any former owner of personal llabilltytherefor. The rnortgagee of such townhouse unit who acquirestitle by way of foreclosure or the takinq of a deed in lieuthereof, shall not, however, be liable for any past due
assessment and shall only becone liable for future assessments on
the date it becomes the ohrner of such townhouse unit. No eale ortransfer sha1l relieve such townhouse unlt fron liability for any
aErsessnents thereafter beconing due or from the lien thereof. In
the event of the sale or transfer of a townhouse unit with
respect to which suns shall be unpaid by a defaulting owner,
except transfers to a first nrortgagee in connection with a
forecloeure of its 1l-en or a deed Ln lLeu thereof, the purchaseror other transferee of an interest in such unLt shall be jolntly
and severally liable with the seller or transferror thereof for
any such unpaid Buma.
(e) Upon written reguest of any ortner, mortgagee,prospective mortgagee, purchaser or other prospective transfereeof a townhouse unJ.t, the owner of the other townhouse unlt shall
ireue a writtsn Etaten€nt Eetting forth the anount he ls owed
under this paragraph, if any, with respect to such townhouseunit. Such statement is binding upon the executJ.ng owner infavor of any person who may rely thereon in good faith. Unless arequest for such statement shall be comprJ-ed with within fifteendays after receipt thereof, a'tl unpaid sume which became dueprior to the date of nraking such request Ehall be subordinated tothe lien or other interest of the person requesting suchstatement.
?. USE RESTRICTIONS. (a) Each apartnent unl,t shall berestrlcted to a residential dwelling as - pernitted use, and suchuse as welr as conditioned and accessory uses sharl be as defl-nedby the Town of Vail Zoning ordinance.
(b) No exterior nounted radio, shortwave, televisionor other type of antenna whatsoever or tank of any kind, eitherelevated or buried, or clothesline or Lncinerator of any kindwhatsoever or outside storage of any personal property -hall bepermitted or maintained on either townhouse unit wittrout theprior written approval of both ouners.
. (c) No aninals shall be kept or maintained J.n, on orupon either townhouse unit, except thit each ohrner may keep andnaintain within his apartment unit two donesticated a69s aia twodornesticated cats; provided, however, that such donestlcatedanimals are kept under control at al1 times, do not present anuisance to the other owner and are kept and controlled in strictconpliance with all Town of Vail ordinlnces that may apply tosuch animals.
. (d) fn addition to the parking restrJ.ctions set forthin subparagraph 4(c) above, the ohrner of the east apartnent unLtnay keep no nore than three automotive vehicles perrnanently onthe East Parcel , and the owner of the west apartment unit lhallkeep no more than three automotive vehicles permanently on thel{est Parcel . Parking of boats, trailers, campers, nrotor homes,ATvs or recreational vehicles on either townhouse unit lsexpressly prohibited. parking of more than three autonotivevehicles by either owner or his faniLy, agent or invltee on suchownerrs townhouse unLt for more than a 49 hour period isexpressly prohibited.
. (e) No rtime sharingrr, trinterval ownerEhJ-pil or sirnllarinterest, whereby ownershJ.p of a townhouse unit is sirared byowners on a time basis, shalr be established on either townhouseunit without, the prior written approval of both owners and alllienors holding a first nortgage-or first deed of trust of recordon any portion of the property which approva). shall be reflectedin a document of record.
10. NOTICE. Each owner shall register hls nalllng addresswlth the other orlner and all notices oi denands Lntendea to ueserviced upon orrners shall be sent by certlfJ.ed mail, postageprepaid addressed in the name of the owner at such regl_sterednaiJ-lng_address. rn the alternative, notices may be ielivered Lfin writingt, personally to onners.
lL. DUR+TION OF DECIARATION. Each provision contal.ned inthis Decraration which ls subjeE to the j.aws or rules sometLmesreferred to as the rule against perpetuitLes or the ruleprohibiting unreasonable iestraints- or alienation shatl continueand renain in full force and effect for the period of 21 yearsfollowing the death of the last survivor of the now ftvingchLldren of Mlchael Lauterbach, or until thls Declaratl_on-l.sterninated as hereinafter provided, whl-chever first occura. AIIother provisions contained in this Declaration shalr continue andrenain In full force and effect until January 1 in the year 2o1g4.D., and thereafter for successive periods of 1O years eachiunless at least 1 year prior to Janulry 1, 20lB A.b., or at least1 year prior to the expiration of any such 1O year period of
extended duratJ-on, this peclaration iE terminated by recorded
LnEtrurnent, dJ-recting terrninatJ.on, slgned by all owners and alllienors holding a first mortgage or first deed of trust of recordon any portion of the Property.
t2. AUBNDI,IENT OR REVOCATfON. Thls Declaration may be
anended or revoked only (a) by Declarant so long as Declarant
owns all of the Property, or (b) upon unaninous wrltten approvalin recordable form of all owners and aII lienors holding a fLrstnortgage or first deed of trust of record on any portion of theProperty.
13. EFFECT OF PROVfSIONS OF DECLARATfON. Each provlsJ.on ofthis DeclaratLon, and agreement, promise, covenant and
undertakLng to conply with each provision of this DeclaratLon,and any necessary exception or reservation or grant of title,estate, right or interest to effectuate any provision of thlsDeclaration: (i) shall be deemed.incorporated in each deed orother instrument by which any right, title or interest in anyportion of the Property is granted, devised or conveyed, whetheror not set forth or referred to in such deed or other instrunent;(ii) shall, by virtue of acceptance of any rlght, tltle orinterest in any portion of the Property by an owner, be deemedaccepted, ratified, adopted and declared aE a personal covenantof such owner and, as a personal covenant, shaltr be bindlng on
such owner and his heirs, personal representatives, successor€r
and assigns; (iii) shall be deerned a personal covenant to, withand for the benefit of each owner of any portion of the Property;and, (iii) shall be deerned a real covenant by Declarant, forthemselves, their personal representatives, heirs, successors andassigns, and also an equitable servitude, running, in each case,as a burden with and upon the title to eactr and every portlon ofthe Property.
14. ENFORCEIiIENT AND REMEDIES. (a) Each provlsion of thlsDeclaration shall be enforceable by any owner by a proceedLng fora prohibitive or nandatory injunction or by a suit or action torecover damages. If court proceedings are instltuted in
connection with the rights of enforcenent and renedl.es provLdedin this Declaration, the prevailing party shall be entitled torecover his costs and expenses in connection therewl-th, including
reasonable attorneysr fees.
(b) Bach ownerln equlty or at law whlch
hereunder shall be brought
County, State of Colorado.
hereby agrees that any and all actionEare lnstl-tuted to enforce any provisJ.onin and only in the courts of Eagle
(c) Failure to enforce any provision of thlEDeclaratLon shalL not operate as a waiver of any such provJ.sLon,the right to enforce such provisl.on thereafter, or of any otherprovisJ.on of this Declaration.
15. EXERCISE OF RIGHTS. Any exercise of any rlght granted
hereunder by one ohrner wlth respect to the other ownerrE
townhouse unit including but not llnited to the use of any
easement granted herein shall be exercised in a nanner whichshall not unreasonably hinder, inrpede or impose upon such other
ownerrE use of his townhouse unit.
16. SUCCESSORS AND ISSIGNS. Except as otherwise providedherein, thls Declaratl-on shall be blnding upon and shall lnure tothe benefit of Declarant and each owner and the personalrepresentatives, heirs, successors and assLgns of each.
t7. SEVERABILITY. Invalidity or unenforceablllty of anyprovisLon of this Declaratl.on Ln whole or in part shall notaffect the validity or enforceabifity of any other provision orany valid and enforceable part of a provision of thisDeclaratlon.
18. CAPTIONS. The captions and headings ln thisinstrunent are for convenl-ence only and shall not be consideredin construJ.ng any provisions of this Declaration.
19. CoNSTRUCTIoN. When necessary for proper construction,the mascull.ne of any word used in this Declaratl"on shal-l Lncludethe ferninLne or neuter gender, and the slngular the plural, andvice versa.
IN I{ITNESS I{HEREOF, Declarant has executed thLs Declarationthis ,5v'\ day of 5-L^-\e , 1990.
DECI,ARANT:
The undersigned holder of a deed of trust upon
covered by this Declaration hereby subordinates its
such property to the provisions of this Declaratlon.
VAIL NATIONAL BANK
STATE OF COIORADO
COUNTY OF EAGLE
ss.
(sEAr.,)
STATE Or COIORADO )) ss.
COUNTY OF EAGI,E )
the propertyinterest in
. The foregoing instrunent was acknowledged before ne tnis /$
day of aA]N|Ja_, Lggo, by lllchael Lauterbach.
Witness my hand and official seal .
Mv commission expires: * @,rlq5fp.fr'.'r'Eg
Sttuor,;r^JEa ^Notary tsulffc
The foregoing instrument was acknowledged before ure this l5h
day of fuln4-' t99o, bY@as
President of Vail National Bank.
Witness my hand and official seal .
My conrmission ex;'rireE : My COMM;SS;ON2p(eIRES
(SEAL)
ffi
EXHIBIT A
(Attached to and made a part of TounhouseDeclaration for ALPINE TOWNIIOUSES fV)
IAGAI, DESCRIPTIOTT
East Parcel
East ParceL,
A RESUBDMSION OF LT 3, BIOCK 2, VATL/POTAEO PATCIT
SUBDIVISION, TOWN OF VAIL, EAGLE COUNTY, COIORADO
West Parce1
lfest Parcel,
A RESUBDMSION OF IDT 3, BIOCK 2, VATL,/POTATO PATCH
SUBDMSION, TOWN OF VAIL, EAGLE COUNTY, COIpR'ADO
Connon Parcel
Conmon Parcel ,A RESUBDMSTON OF rdr 3, BrOCK 2, VArr,/POTATO PATCH
suBDrvrsroN, rowN oF vArr,, EAcr.,E coln{TY, coroRADo
IHTIP..OEPARTHENTAL REVI El.,
e,a.oxCtt ftlptne h,-*[n,r,, - lo+ j, ttloJ< 7 - /o{^/, /eill',
DATE SUSI,IITTED: L . IT,9 o . DATE 0F PUBLTC HEARING rl/A
COI.'I'4ENTS HEEDED BY :___A,j4p_
ERIEF DESCRIPTION OF THE PROPOSAL:
F;^/ ft - /^r/4
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rn F;l-ll! -- c>k-:-
FIRE DEPP.RTI.IENT
Reviewed by:Date
Conments:
POLICE DEPARTI4ENT
Reviened by:
Cormerrts:
Date
'€t-
.;.i;
REC?gATiOX OEPARTI.::NT
Revlewed by:
Co;;"ents:
.iDate
, -'
August 17, 1989
Rick Py1-enan
Town of Vail
Planning Department
Vall, Colorado 8L657
RX: Lot 3, Block 2, Flllng I
Potato Patch
Dear Rick:
Pursuant to our recent discussion, lt is ny intentlon to
place fill dlrt wlthin the excavated portlon of the 1ot and
further attempt to grade the site to match the origlnal tooograohy.
As we discussed, Lf I have not been issued a butlding permlt for
that lot by June L, 1990, I agree to revegetate the site by
June 15, 1990.
Please contact me Lf you have any questions. Thanks agaln
for your cooperatlon.
Michael Lauterbach
P.0. Box 3451
Vail-, Colorado 81658
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December /th, L976
Mr. W'ill-iam Pierce, Building Official
Torrm of Vail
Box 100
Vail, Col-orado 8L657
Dear BiLL:Re: Lot 3, Block 2
In reply to your letter of Nov. ]-6, L976, S.U.N. Co. has
full intentions of building the Town of Vail Design Review
Board approved solar duplex. Weather threatened the project
before further construction could continue and plans to build
have had to be postponed until after the winter season. Full
working drawings have now been completed and your office will
be contacted as soon as I return to Vail. I plan to drop by
the Town offices in January when Mason Rumney and myself can
take some time to bring you up to date.
I appreciate your ecoJ-ogical concerns as they paral-1e1 my
or4m. We were quite careful in placement of backfill so as not
to show too bad a scar on the town side of the hill and feel
that spring runoff will not danage surrounding properties.
I look fonward to seeing you soon and appredilate your:
continued concern.
rcci Mro Mason P. Rumney, III
lnwn
box lfil
rail, colorado 8165?
B03l 47G56r3
Sun Company
Box 2854VaiI, Colorado 81657
department of community development
25 July 1978
Ref: Lot 3, Block 2, YaiL Potato Patch Subdivision
TO WHOM IT MAY CONCERI{:
Please consider this Letter as notification that
within thirty (3O) days of your receipt, the excavation
slte on the above referenced property must be filled and
revegetated.
Dud to the long non-activlty on this project we have
received complaints about this open excavation and the
Town of Vail considers this to be a public safety }aazatd.
Your cooperation in this matter wilt be appreciated.
DST/gew
ll
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box 10O
vail, colorado 81657
(3031 476-5613
office of the town manager
November .|6, .l976
Messrs. Al Connel & Mason Rimney
P.0. Box 463Vail, Co]orado 8.|657
RE: Lot 3, Block 2, Vajl Potato Patch Subdivision
Gentlemen:
0n May 20, 1976 the Design Revjew Board of the Town of Vail approved
the design of your solar duplex residence located on Lot 3, Block 2,
Vail Potato Patch Subdivision, Vail, Colorado.
Prior to the jssuance of a building permit, excavation was begun but
with no subsequent work initiated, Sufficient plans have not been
received by this office for e'i ther a building permit or a foundationpermit. Due to the long period of non-activity on your project, we
request that you inform us of your intentjons regarding this project.If this inactivity is to continue, the Town of Vail requests that thesite be regraded and revegetated.
Your cooperatjon in this matter will be greatly appreciated,
Sjncerely,
DEPARTMENT OF
COMMUNITY DEVELOPMENT
llilliam F. Pierce
Building Official
I'lFP/i k
cc: Mr. Roger Tilkemeier
TownofVail \
ELECITRICAL PERMIT Job Name...
N9
Building Valuation
Electrical Valuation
304
$...--.-.......--......-.....
$-............-....--........
Date or Apprication..---....2--=..2.....*..:.....--........ ................rs..2-/.......-
Electricat con ^"r*-fi*.-ffi:r-
APPROVAI,S//'H J',$....,/.2.-......-...-.-. ,Permit Fee
Inspection Fee
Total Fee
THIS FORTI 13 TO BE POSTED 01{
JOB SITE DURING CONSTRUCTTON
24 HOTJRSI ADVANCE NOIICE
REQI,'IRED FOR INSPEOTIONS
txa !, r. xgaliaL !o,. otxYrl ,10452
o
DESIGN RI]VIIW BOARD
DATE OT MEETING:
MEMBERS PRESENT:
ACTION TAKEN BY BOABT'l./ / '/t.4 ,("" sECONDED BY:
MOTTON : /l.LV,4 /(.L3* "
ooor*r,,VOTE: FOR:
'...
APPROVDD 1 ,-/
DISAPPROVED:
ABSTENTION:
SUIIiUARY:
a DBSIGN RI;\/.I I;ItI I]OARI)
DATE OF iIUBTING
MEMBEIIS PRBSEI{T:
.SUBJECT
ACTION TAKEN
MOTION:
VOTE:FOR:
APPROVDD: tz'
DISAPPROVED:
SUI,{MARY:
* 4//^ysltcoNDIjD
AGAINST
a
BL$i csl]
A\jflllABLts
ot