HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5 LOT 1 2 VAIL ROW HOUSES LEGALI0l,fNffi
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us
Project Name: PAN EAGLE LLC DRB Number: DR8040371
Project Description:
ADDmON (NEW SUB-LOWER LEVEL FOR VAIL ROWHOUSES)
Pafticipants:
oWNER PAN EAGLE LLC 08/02/2004 phone:
PO BOX 398
VAIL
co 81658
License:
APPUCANT BARTOCKBUILDERS,INC. 0glOZlZ0O4 phone:970-949-9682
P,O. BOX 4437
AVON, COLORADO 81620
License:
ProjectAddress: 303 GORE CREEK DRVAIL Location: UNIT2A
Legal Description: Lot: z elo"kf,subdivision:\A
ParcelNumber:210108?30003 W
Comments:
fi";-efittal-€i.'1 /
BOARD/STAFF ACTION
Motion By: Action: STAFFAPR
Second By:Vote: Date of Approval: 08/10/2004
Conditionst
Cond: 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: 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: Bill Gibson DRB Fee paid: $3OO.OO
Additions-Residential or Commercial
Application for Design Review
General fnformation:
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2739 fax: 970.479.2452
web: www.vailgov.com
All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to
the submitbl requirements for the particular 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. Design review approval lapses
unless a building permit is issued and construction commences lvithin one year of the approval.
/eryo,Je Ceti g ^ry' ,ooCL rn
RECEIVED
, "^ {J / :f*,'
LocationoftheProposal: Lot: Z Block:
physicar Address: So= 6rr<- GeeK pY. tfai ( Vaitrou'nllus* ont 2 *
Parcef No.: 2 lO I D 8 23 Ooo Z (Contact Eagte co. Assessor at 970-32&8640 for parcet no.)
Zoning:
Name(s) of Owner(s):
Mailing Address: P tG5 (e<-<-
q7a -? - 57eiol3z--
Owner(s) Signature(s):
Name of Applicant:FtttC,
Mailing addressz Po &s-4uorl A- a/Gzo
Type of Review and Fee:
tr Signs
EJ Conceptual Review
tr ,rt(ew Constructiontr Addition
n Minor Alteration
(multFfamily/commercial)
tr Minor Alteration
(single-family/duplex)
tr Changes to Apprwed Plans
n Separation Request
$s0
NO FEC
$650@
$2s0
$20
$20
No Fee
Elus $1.00 per square foot of total sign area.
For construction of a new building or demo/rebuild,
For an addition where square footage is added to any residential or
mmmercial building (includes 250 additions & interior conversions),
For minor changes to buildings and site improvementsf such as,
reroofing, painting/ window addiuons, landscaping, fences and retaining
walls, ek.
For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and retaining
walls, etc.
For revisions to plans already approved by Planning Staff or the Design
Review Board.
\/arL Iourrn {-{or.a
Page 1 of L2l04J2Bla4
T0t4h,ffi
ADDITIONS . RESIDENTIAL OR COMMERCIAL
SUBMITTAL REQUIREMENTS
General Information:
Thisapplication is required for all proposals involving the addition of GRFA (gross residential floorarea)' This_includes proposals for 250 additions ani interior conversions. 'foe Title 12, Chapter15 - Gross Residential Floor Area for specific regulations,
I. 9UBMITTAL REOUIREMENTS**
/ n) All pages of Application is complete( !f Checktist is compteted and signed
fl Stamped Topogia phic Surve/*
fl Site and Grading plan*
{ Landscape plan*g Architectural Elevations*
,K Exterior color and material samples and specifications.f J) Atchiteftural Floor plans*
ffitignting Plan* and Cut-sheet(s) for proposed fixtures(E
lttle report, including scheduies n a e io verify ownership and easements*
;ftlfglor ofthe existing site and adjacent structures, where applicabte.
$VWriften..approval from a condominium association, landlord, and joint owner, if
applicable
F^Si.te-spxific Geological Hazard Report, if applicable*V The Administrator and/or DRB may require the submission of additional plans,
drawings, specifications, samples and other materials (including a model) if deemed
necessary to determine whether a project will comply with Design Guideiines or if theintent of the proposal is not clearly indicated.
Please submit three (j) copies of the materiars noted with an asterisk (*).
**For interior conversions with no exterior changes, the submittal requirements include acomplete _set of existing and .proposed floor plans, a tide report, and wriiten approval from acondominium association, landlord, and joint owner, if applicable.
'
f have read and understand the above listed I requirements:
Project Name:
Contractor Signatu
/<- {L ' /ro,rt,
I0i4rNm
JOINT PROPERTY OIA'NER
WRITTEN APPROVAL LETTER
I, (print nam{7€eqo
l
a joint owner of property located at (address/legal
description) Z o 3 6dvc- Cv*-el<*Vqt( Unrf 2n
providethis|etteraswrittenapprovalofthepIansaut"aLwhichhavebeen
submitted to the Town of vail community Development Depaftment for the proposed improvements to be
completed at the address noted above. I understand that the proposed improvements include:
e-r7'n c.ili /t Bos.,rqe.t tf ,
I further understand that minor modifications may be made to the plans over the course of the review process to
ensure compliance with the Town,s applicable codes and regulations.
page 2 of tZlo4l2\l04
-
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(ra., brcil ta"J)
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Vail'
Resort
II I I It(entals, lnc.
July 15,2004
Mr. Bill Gibson
Planning Department
Town of Vail
c/o Vicki Pearson
Dear Bill:
The Vail Townhouses Condominium Association is aware of the proposed expansion of
useable square feet in the basement level ofunit 24. This area is currentlv beine used as
storage space. we have already re-mapped the entire property units 2-6 with GJre Range
Surveying in preparation to file an amended map and newly revised condominium
declaration later this summer. The homeowner's association is already counting the
basement level of unit 2A in their pro-rations of undivided interest.
Please proceed with approval to allow the expansion of unit 2A's basement in accordance
with the Town of Vail's square footage expansion guidelines.
Email dbugby@vailresortrentals.com
Web www.vailresortrentals.com
635 N. Frontaee Rd. lV. *1 r Vail,CO81657. Phoncg?0/4?6.0906. Fax9701476-5026 o Reservations800/456-8245
o
Design Review Board
ACTION FORM
Depatment of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2139 fax: 970.479.2452
web: www.ci.vail,co.us
Project Name: Decked, LLC
Project Description:
Participants:
Project Address:
Legal Description:
Parcel Number:
Commentsl
OWNER Decked LLc 0312I/2003 phone:390-0605 (Vicki pearson)
POB 398
Vail, CO
81657
License:
APPLICANT Vicki Pearson 03/2UZO03 phone:390-0605
POB 6236
Vail, CO
Vickipearson@hotmail.com 81657
License:
303 GORE CREEK DR VAIL
DRB Number: DR8030069
Replace bay window with patio doors and enlarge window to meet egress.
location: 303 Gore Creek Drive, Lot 1
Lot: 1 Block: Subdivision: VAILTOlVt{ftOtSE ?<r-.:k :-.r_ar-a
210108230002 Uc-^-^t U.tt*ar-- r ,B\(tiU
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approvall. 051 0212003
Cond: B
(PLAN): No changes to these plans may be made without the written consent of rown 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: CON0005825
All new construction must match the existing building in color and materials.
Planner: Bill Gibson DRB Fee Paid: $25O.OO
I
TOI4'NM
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970,479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring design review must receive approval prior to submifting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested, An application for Design Rwiew
cannot be accqptFd until all required information is received by the Community Development Depatment' The
project may also rieed to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit ls issued and construction commences $rithin
one year of the approval.
Description of the Requesr: A- F f'- Q rcTU P- E---------------==---:--
Physical Address:
Name of Applicant:
Name(s) of Owner(s):
Mailing Address;
Owner(s) Signature(s):
MailingAddress: P. er. Cr. o X L ?-3(*.
Phone:3 -:+o *39 c) - OG o,Y
E-mail Address:
fi o'I-rnAlL,c.orr\
$50 Plus $1.00 per square foot oftotal sign area,
No Fee
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions),
For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc,
$20 For minor changes to buildings and site improvements, such as,
reroofing. painting, window addi$ons, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No fue
Type of Review and Fee:
tr Signs
fl Conceptual Review
tr New Constructiontr Addition
tr Minor Alteration
(m ulU-family/commercial)
tr Minor Alteration
(sing le.family/duplex)
F Changes to Approved plans
n Separation Request
$6s0
$300
r-;rsd)
9Y
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April4, 2003
, Town of Vail
Design Review Board
Vail, C,rlorado 81657
RE: Vail Townhouse 28; Decked L.L.C.
To Whom It May Concern:
This letter is to inform you that the Vail Townhouses Condominium Association, Inc.
gives its approval for Decked, L.L.C. to submit to DRB proposed changes in relationship
to condominium 28 ofthe above referenced project.
This nratter has been presented to the board for approval and is currently being
considered.
Vail Townhouses Condominium Association, Inc.
Board ,rf Directors
Charlie Sherman
Propeny Manap.er for the Associarionffin6"W
P-O1
VAIL TOWNTIOUSES CONDOMINIUM ASSOCIATION' INC.
P.O. BOX 2963
VAIL. COLORADO EI658
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Design Review Board
ACTION FORM
Departrnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 far 970,479.2452
web: www.ci.vail.co.us
ProjectName: Decked, LLC
Project Description:
Replace bay window with patio doors and enlarge window to meet egress.
Participants:
OWNER Decked LLc 0312L12003 Phone:390-0605 (Vickipearson)
POB 398
Vail, CO
81657
License:
APPUCANT Vicki Pearson 03lZLlZ00j phone: 3904605
POB 6236
Vail, CO
Vickipeamon@hotmail.com 81657
License:
ProjectAddrcss: 303 GORE CREEK DRVAIL Location: 303 Gore Creek Drive, Lot 1
Legal Description: Lot: 1 Block Subdivision: VAIL TOrVt{ltOtlSF Ro.-:h.'.--:,e-a
DRB l{umber; DR8030069
Parcel Number; 210108230002
Comments:
U*^\O,(..6*. \ -StKf
BOARD/STAFF ACTION
Motion By: Action: SI-AFFAPR
Second By:Vote: Date of Approval= OSl02l2O03
Conditions:
C.ond:8
(P[AN): No changes to these plans may be made without the writren consent of Town of
Vail staff andlor the appropriate revieu, committee(s).
Condl 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: CON000582S
All new construction must match the exisUng building in color and materials.
Planner Bill Gibson DRB Fee paid: g25O.oO
bner;a'c>o eq
May 29, 20S3
The Vail Townhouse Condominium Association approves
atl modificafions to rmit 28 as submitledby the ownsrq
Vicki Pearson and Dorothy Brovrning AKA Declce4 LLC,
and as approved by the Town of Vail Design Review BoardShff' ?y* Flrriec.{€.D t-fr-tf{L B^rO Otz*t*trNo . Dasud
-r^*.-aazy Y t /ae!
Mpvzl;,*:r t- ?*"wea
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Design Review Board
ACTION FORM
Department of Community Development
75 SorJth Frontage Road, Vail, Colorado 81657
tel: 97Q.479.2L39 fax: 970.479.2452
web: www.ci.vail.co.us
Project Name: Pan-Eagle LLC DRB Number: DRB030396
Project DescripUon:
COMMON EL"EMENT - replace railroad tie planter box with stone wall planter box
Paticipants:
OWNER PEARSON, VICKI - DE MOCTEZUM09/09/2003 phone:
BARBAM
PO BOX 6236
vArL co 81658
License;
APPLICANT PEARSON, VICKI - DE MOCTEZUM0g/09/2003 phone:
BARBARA
PO BOX 6236
VAIL CO 816s8
License:
Project Address: 303 GORE CREEK DR VAIL
Vail Rowhouses Units 24 & 2C
Location:
f..egaf Description: L'ot: 2 elock:Ssubdivision: VAILTOWNHO USE t VV F,
Parcel Number: 210108230003
Comments:
BOARD/STAFF ACTION
MOtion By: Action: STAFFAPR
Second By:Vote: DateofApproval:09/10/2003
CondiUons:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Torrun of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for buibing, Please consult with
Town of Vail Building personnel prior to construction activities.
Planner: Bill Gibson DRB Fee paid: $25O.OO
T0l4ft,m
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, C-olorado 81657
Iel: 970.479.2L39 fax: 970.419.2452
web: www.ci.vail.co.us
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. please
refer to the submittal requirements for the particular approval that is requeied. An aiplication icir oesign Revi;wcannot be accefied until all required information is received by the Community Develbpment Departmint. Theproject may also need to be reviewed by the Town Council and/or the planning and Environmental Commission.Design review approval lapses unless a building permit is issued and c6nstruction commences withinone year of the approva!,
Location of the Prcposal: Lot: ) Block:_ Subdivision:
Physical Address:3o
Parcel No.:
Zoning:
Name(s) of Owner(s):RN-
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:P.o - cgcr X a:3 Ll_
E-rnail Address:
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
For minor changes 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,
reroofing. painting, window additions, landscaping, fences and
reldining walls, etc.
For revisions to plans already approved by planning Staff or the
Design Review Board.
- ^_^ _,^^ ^-.^ " . t/nitContact Eagle Co. Assessor at 970-328-8640 for parcel io.) 'IouseS
Fax:
Type of Review and Fee:
E Signs
E Conceptual Review
tr New Constructiontr Addition
Minor Alteration
(m ulti-family/commercial)
Minor Alteration
(single-fam ilyld u plex)
Changes to Approved Plans
$50 Plus 91.00 per square foot oftotal sign area.
No Fee
$20
$20
No Fee
$6s0
$300
$2s0
tr
tr
ll o-vrnart;zoF
Separation Request
For Office,{sgOnly:
Fee Paid: a4fr Check No.:
f1--.
Greg Bartock
From: Dale Bugby [dbugby@vailresortrentals.com]
S€nt; Friday, September 05, 2003 8:26 AM
To: Greg Bartok; Doe Browning
Cc: Dick Parker; Margot pritzker; Debbie Welles
Subject Stone wall at unit 2
Dear Bartok Construction & pan Eegle,
The wGA board of dipctors has approved the stone rnaterials and design brthe replacement of the timber wallin tont of unit 2, Please reme_mbei io provide a nql drain
"p""i"g f"i l?ownsfout connecfion. constructioncosls' permits and approvals frorn the Town of Vail, are youi respinsibility. Thdnk you to. yow p"ti"n"L *'reviewing your request.
Sincerely,
Dale Bugby, PresidenUGM
Vail Resort Rentals, Inc.
E00.456.VA|L (6245)
970.476.0906 (infl)
970.476.5026 (fax)
9/s/2003
lt _
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#21V4
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 97 0.479.2452
web: www.ci.vail.co,us
DRB Number: DR8030438
Location:
T0t4&r
Project Name:
Project Description:
Participants:
Project Address:
303 GORE CREEK #2D
Legal Description:
Parcel Number:
Comments:
Parker tree removal
Remove dying aspen on south side of deck
OWNER PARKER, RICHARD K.
58 S GARFIELD ST
DENVER CO
80209
License:
APPLTCANT DALE DUGBY
10/01/2003 Phone:
10/01/2003 Phone:
635 N FRONTSGE RD #1
VAIL, CO
81657
License:
303 GORE CREEK DR VAIL
Lot: 2 Block: Subdivision: VAIL TOWNHOUSE
210108230004
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Conditions:
Wddrich
Rodgers
5-0-0
Action: APPROVED
Date of Approval: 10/15/2003
Cond: 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 construstion activities.
Planner: Elisabeth Eckel DRB Fee Paid: $25O.OO
t
ffiTOI4IN
Application for Design Beview
DeDaft ment of comm unitv D;b,*lif c) FF)epaftment of Community Development7.\'tt tr'FD Fv
tii:H:tB::,13"ayi9,::lnr-g*9f;1i11}?i,fee
Depaftment of Community Development7.\.f l'vhD n.
south Frontase Road, vail, cdm,tiIftgs7, i l\l ..t,-. i .*'lii:H:lB:!,13"aY1'b,?liBf-tFd91
web: vvww.ci.vail.co.us
DATF.
General Information:
All projects requiring design review must receive approval prior to permit
refer to the submittal requirements for the particular approval that is requested. An
cannot be accepted until all required infiormation is received by the Community Development
project may also need to be reviewed by the Town Council and/or the Planning and Environmental
Design review approva! lapses unless a building permat is issued and construction commences within
one year of the approval.
Location of the Proposal: Loh_Block:_ Subdivision:
zb
(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
0kL96uDr-(
01
Description of the Request:
Name(s) of Owner(s):
Owner(s) Signature(s):
Name of Applicant:
E-mail Address:
Type of Review and Fee:
tr Signs
[J Conceptual Review
tr New Constructiontr $tdition
X Minor Alteration
/ \ (multi-famity/commercial)
tr Minor Alteration
(single-fa mily/d uplex)
tr Changes to Approved Plans
D Separation Request
$6s0
$300
$2s0
t,ry
$50 Plus $1.00 per square foot of total sign area.
No Fee
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
For minor changes 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,
reroofing, 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
$20
Mailing Address:
For Office Use Only:
Fee Paid:
Application Qate;- DRB No.:_
Planner: 6 P project No.:
I
,,*ffi
I, (print name)
JOINT PROPERTY OWNER
VI'RITTEN APPROVAL LETTER
, a joint owner of properiy located at (address/legal
description
provide this letter as written approval of the plans dated which have
been submitted to the Town of Vail Community Development Department for the proposed improvements
to be completed at the address noted above. I understand that the proposed improvements include:
tt
I further understand that minor modifications R{ay be made to the plans over the course of the review
/
process to ensure compliance with the Tovlri's applicable codes and regulations.
,l
/
(Signature)(Date)
Page 2 of LzlOZlO7l02
TOI{N'W
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
I Stamped topographic survey*, if applicableI Site and Grading Plan, if applicablexa Landscape Plan, if applicable*a Photos or drawings which clearly convey existing conditionsxc Photos or drawings which clearly convey the proposed building or site alteration(s)*o Exterior color and material samples and specifications.I Lighting Planx and Cut-sheet(s) for proposed fixtures, if applicable I
! Written approval from a condominium association or joint owner, if applicableo The Administrator and/or DRB may require the submission of 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 submit three (3) copies of the materials noted with an asterisk (*).
Topographic survey:D Wet stamp and signature of a licensed surveyoro Date of surveyD North arrow and graphic bar scaleo Scale of 1"=10' or l"=20')o Legal description and physical addresstr Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater
than 40olo, and floodplain)B Ties to existing benchmark, either USGS landmark or sewer inveft. This information must be
clearly stated on the surveyB Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and
bearings and a basis of bearing must be shown. Show existing pins or monuments found
and their relationshiD to the established corner.tr Show right of way and propefty lines; including bearings, distances and curue information.s 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 property at twenty-
five foot intervals (25'), and a minimum of one spot elevations on either side of the lot.u Topographic conditions at two foot contour intervalsa Existing trees or groups of trees having trunK 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. ).tr Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)
Page 3 of 72l1Zl07l02
u 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 utility sources and proposed service lines from
their source to the structure. Utilities to include:
Cable TV Sewer GasTeleDhone Water Electrica Size and type of drainage culvefts, swales, etc.n Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a
minimum of 250' in either direction from propefi.
Site and Grading PlanlD Scale of 1"=20'or largero Property and setback lineso Existing and proposed easementsa Existing and proposed grades
tr Existing and proposed layout of buildings and other structures including decks, 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,
a 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.n Locations of all utilities including existing sources and proposed service lines from sources to
the structures,o Proposed surface drainage on and off-site.tr Location of landscaped areas.o Location of limits of disturbance fencingD Location of all required parking spaces0 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 5'feet in height.n Delineate areas to be phased and appropriate timing, if applicable
Landscape Plan:
E Scale of 1" = 20'or largeru Landscape plan must be drawn at the same scale as the site plan,
a 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.
a 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.u Indicate the location of all proposed plantings.
s The location and type of existing and proposed watering systems to be employed in caring
for plant material following its installation.
Page 4 of I2lozloT/OZ
D Existing and proposed contour lines, Retaining walls shall be included with the top of wall
and the bottom of wall elevations noted.
Lighting Plan:
tr Indicate type, location and number of fixtures,D Include height above grade, lumens output, luminous areao Attach a cut sheet for each proposed fixture.
II, REPAINT PROPOSALS
For all proposals to repaint existing buildings, the following supplemental informatlon is required:
I Color chip or color sample including the manufacturer name and color numbe(s)3 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 rZl02lo7l02
o
PROPOSED MATERIALS
Buildino Materials Type of Material Color
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
Notes:
Please specitr/ the manufacturer's name, the color name and number and attach a color chip,
Page 6 of I2l0ZlO7l02
PROPOSED LANDSCAPING
Botanical Name Common Name Ouantitv Size
PROPOSED TREES
AND SHRUBS
EXISTING TREES
TO BE REMOVED
i/t )//./tL '
Minimum Requirements for Landscaping :Deciduous Trees - 2" Caliper
Coniferous Trees - 6' in heioht
Shrubs - 5 Gal.
Tvpe Square Footaqe
GROUND COVER
SOD
SEED
IRRIGATION
TYPE OF EROSiON CONTROL
Please specify other landscape features (i,e, retaining walls, fences, swimming pools, etc.)
Page 7 of rzl04a7/02
LITY APPROVAL & VERIFICATION
This form serves to verify that the proposed improvements will not impact any existing or proposed utility
services, and also to verifu seryice availability and location for new construction and should be used in
conjunction with preparing your utility plan and scheduling installaUons. A site plan, including grading plan, floor
plan, and elevations, shall be submitted to the following uulities for approval and verification.
o
UTI
Date
QWEST
970.384.0257(fax)
Contacts:
Scott Carrington 970.468.6860
Jason Sharp 970.384.0238
EXCEL HIGH PRESSURE GAS
970.262.4076 (tel)
Contact: Rich Sisneros
HOLY CROSS ELECTRIC
970.9a9.5892 (tel)
970,949.4566 (fax)
Contact: Ted Husky
EXCEL ENERGY
970,262.4038 (fax)
Contacts:
Kit Bogart 97 0.262.4024
lim O'neal 970.262.4003
EAGLE RIVER WATER &
SANITATION DISTRICT
970.476.7480 (tel)
970.475,4089 (fax)
Contact: Fred Haslee
COMCAST CABLE
970.949.L224 x 112 (tel)
970.949.9138 (fax)
Contact: Floyd Salazar
NOTEST
1. If the utility approval & verification form has signatures from each of the utility companies, and no comments
are made directly on the form, the Town will presume that there are no problems and the development can
proceed.
2. If a utility company has concerns with the proposed construction, the utility representative shall note directly
on the utility verification form that there is a problem which needs to be resolved. The issue should then be
detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the
utility company and the applicant to resolve identified problems.
3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the
Department of Public Works at the Town of Vail, Utilitv locations must be obtained before diooinq in any public
right-of-way or easement within the Town.of Vail. A buildinq Elermit is not a Public Wav permit and must be
obtained seoaratelv.
The Developer is required and agrees to submit any revised drawings to the utilities for re-approval & re-
verification if the submitted plani are altered in any way after the authorized signature date (unless otherwise
speciflcally noted within the comment area of this form).
Authorized
Siqnature
Gomments
Develope/s Signature
NOTES TO ALL APPLICANTS
Pre-application Meetinq
A pre-application meeting with Town of Vail staff is encouraged. The purpose of a pre-application
meeting is to identify any critical issues pertaining to the applicant's proposal and to determine the
appropriate development review process for an application. In many cases, the pre-application meeting
helps to expedite the development review process as critical issues are identified and dealt with in the
preliminary stages, A pre-application meeting may be scheduled by contacting Judy Rodriguez at
970.479.2L28 or irodriquez@ci.vail.co, us
Time Requirements
The Design Review Board meets on the lst and 3rd Wednesdays of each month. A complete application
form and all accompanying material must be accepted by the Community Development Department prior
to application deadlines. A schedule of DRB meetings and associated application deadlines may be found
on the World Wide Web at http;//ci.vail.co.us/commdev/planninq/drb/meetinqs/default.htm For a new
residential development, the application deadline is typically 3.5 weeks prior to a Design Review Board
hearing.
Review Criteria
The proposal will be reviewed for compliance with the Design Guidelines as set forth in Title 12, (Zoning
Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code.
Requirements for propefties located in hazard areas
If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanche, rocKall, debris flow,
floodplain, wetland, poor soils, etc.), the Community Development Department may require a site-specific
geological investigation. If a site-specific geological investigation determines that the subject property is
located in a geologically sensitive area, the propefi owner(s) must sign an affidavit recognizing the
hazard report prior to the issuance of a building permit. Applicants are strongly encouraged to consult
with Community Development staff prior to submitting a DRB application to determine the relationship of
the property to all mapped hazards,
Required Plan Sheet Format
For all surveys, site plans, landscape plans and other site improvement plans, all of the following must be
snown.
1. Plan sheet size must be 24"x36". For large projects, larger plan size may be allowed,2. Scale. The minimum scale is 1"=20'. All plans must be at the same scale.3. Graphic bar scale.4. Nolth arrow.
5. Title bloc( project name, project address and legal description.6. Indication of plan preparer, address and phone number.7. Dates of original plan preparation and all revision dates.8. Vicinity map or location map at a scale of 1"=1,000' or larger.9. Sheet labels and numbers.
10. A border with a minimum left side margin of 1.5".
11. Names of all adjacent roadways.
12. Plan leoend.
Page 9 of 72102/07102
Desiqn Review Board Meetinq Requirements
For new construction and additions, the applicant must stake and tape the project site to indicate
property lines, proposed buildings and building corners. All trees to be removed must be taped. The
applicant must ensure that staking done during the winter is not buried by snow. All site tapings and
staking must be completed prior to the day of the DRB meeting.
The applicant, or their representative shall be present at the Design Review Board Hearing. Applicants
who fail to appear before the Design Review Board on their scheduled meeting date and who have not
asked in advance that discussion on their item be postponed, will have their items removed from the DRB
agenda until such time as the item has been republished.
IF the DRB approves the application with conditions or modifications, all conditions of approval must be
resolved prior to the issuance of a building permit.
Staff Aooroval
The Administrator (a member of the planning staff) may review and approve Design Review applications,
approve with certain modifications, deny the application, or refer the application to the Design Review
Boardforadecision. All staffapprovalsarereviewedbytheDesignReviewBoardandanystaffdecision
is subject to final approval by the DRB,
Additional Review and Fees
If this application requires a separate review by any local, state or Federal agency other than the Town of
Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are
not limited to: Colorado Depaftment of Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees in excess of 50o/o of the application fee.
If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published,
then the entire fee for such re-publication shall be paid by the applicant.
Applications deemed by the Community Development Department to have design, land use or other
issues, which may have a significant impact on the community, may require review by external
consultants in addition to Town staff. Should a determination be made by Town staff that an external
consultant is needed, the Community Development Department may hire the consultant, The
Depaftment shall estimate the amount of money necessry to pay the consultant and this amount shall
be forwarded to the Town by the applicant at the time of filing an application. The applicant shall pay
expenses incurred by the Town in excess of the amount forwarded by the application to the Town within
30 days of notification by the Town. Any excess funds will be returned to the applicant upon review
completion.
Page 10 of L2lO2/07102
I 6ooa
, Estimate
P.O.7133
Brcdrcnridgq CO tl|424
nvylfFylAs
Hb,qOql
Daie Edlrrab,
9/9t2fi?6'fr'
Bail , Ad.lGcG
VAILRESORTRE}IfATS
61'lilrIOrttIEAD
vAtr,'co$657
AT?:DAI.EBJ@Y
,PtlONENo.REAUESTDA..Ptlild PIIYSICALADDRESS FIAGGINGCOI.OR
4lffitn6 rylMmo3 3fi} E @RECBEEKDR TJMTT ?f,nK
ocscrFld Tdl
*EI.OVEASDENTN,EEIHFRqITT FUMT T2. EIM(FIIGGT}.TG- TREEBSINGISEMOVED
FOR DEK INSTArIA'NON. PIACING DECIC AROUND IREE E M}T REOMMR{DED.
qj(reTTRI,EKCREW
CHIP RE;NIOVAU TRUCK LOAD PER HR
FI.AGI'|^N NEEDED roA TR^TFrc
I LABOR
Z/$4/ 4
660.00
65.00
114.00
Al
ffiA
Total $3e.oo
\.,,,.qi,;i,,
October3, 2003
Mr. Dale Bugby
c;/o Vistar Real Estate, Inc.
635 North Frontage Road, #1
Vail, CO 81657
Re: Tree removal
Vail Townhouses
303 East Gore Creek Drive, #2D
Dear Mr. Bugby,
Thank you for submitting an application for design review of the proposed tree removal at the
aforementioned address. Apparently, the deck repairs necessitate the removal of the aspen to the south
of the residence. However, due to the size and location of the tree, I have scheduled the application for
the next Design Review Board hearing on October '15, 2003, at which time the DRB will visit the
residence and vote on the application for removal at their 3pm hearing.
Design Review Board hearings are held at the Town of Vail Municipal Building at 75 S. Frontage Road.
To get to the Chambers, exit l-70 westbound at Exit 176, heading south under the bridge, then west at the
main roundabout. Turn right at the second possible driveway into the large parking lot. The Chambers is
located off of the main corridor of the building located on the east side of the parking lot.
Please do not hesitate to contact me regarding any questions or concerns you might.have. I look forward
to meeting you or another representative of the Condominium Association on the 1SIn.
Best
Elisabeth Eckel
970.479.2454
regards,g
(r.rivrrr= rzioa 3833996475o
II
Ms. HislbthEckel
Design Review Board
Town of Vail
Vail, Coloradp 81657
Rax:970-479-2452
14 October, 2003
RICI{ARD, PARKERd
-RICIIARD IC PARKER, MI)
6E South Garlield Street
Ilenvcr, Colorado
80209
303-399-6076
Re: Tree Re,movat at 303 E, Gore Creek Drive (2D)
Dear lvls. Eckel;
This letter is in follOw up of ogr conversation today regarding the rernoval of an
;teil;; in ftont of my torurihouse at the abo.'e address' I have oumed this home since
1976, and it waq originaly constnrcted in 1964.
ris zum/rer we had all the trees on the Vail Townbouse (buildings 2 tbrough 6) prgperly
uluat"A Uy a tree service to evaluate ttre health and give us advice-oa the care of the
ees, ftre tree in question was in the cerrter of my deck and was originally planted w-hen
rc building was constructed" It is now 39 + years ol4 and is in poor health and leaning
il;;,h;-brilai.s, ;th lt* ,rppo Ut*"hes on the roof of the townhouse. It was labeled
"l";fifr* i*li-ffi *. o,on"
"duir"o
that it should be removed. It was ftlt to be at end
oflife and pepresented a threat to the buildtng-
lXhis dast montb, the front entry of my home was not€d to bB settling and needed to be
Jt;;ff;o.- WnJ**u removed-the Aect ttat surmunded the fiee iu questio4 it was fsund
tiA"-i*tr oitf,ir tree and sunound the 4 x 4 pillar that supports the eiltry and gush$
il;ii;}i" dotinslh*t"fore eliminatrng the foundation zuppo* for the errtry deck and_a
i;;;it-;""k otl"u. This has been conectua *itt a new footing and support beam. We
therefori felt it was imperative to remove this tree at this time'
Appro:rrmstcly 15 years ago, I felt that d some time this tree would need to be removg
niiio "rni"ipiti*tf tnitl ptanteA a series of aspen trees in froot of the deck and fence
so that when thi$ tree was removed we would have rrature trees on the street side of the
home to provide a cover and prOtection, so the loss of this tree would not be noticed by
*Vt.ff oit *V"ne else. Thii is indeed the cass. as I doubt that aoyone would notice the
loss ofthis halfdead tree.
PAGE AL
l'-'*'
PAGE E2
l,
'\ \I an a strong supporter of the Desigrr Rwiow Board as I have received the value of its
p*t **fjfi miintaining;"1it"ofr;rl coutrol ofthe village dosign- I was just som€what
confused by the proo"o [r"t I encountered in the atteqptg to remove a tree to rnsintain
the safEfy to my property, myeelf and anyone else in the immediate area if the tree w€re
i" frft ritn" r"*ittrourr untry *"r" to be pushed offthe zupport foundation again'
, Your rpview and Lnsideration is greatly appreciated. If you have any Qlestions, please
."n ;[, My cell phone number is 3Of-}Zi-f t36 or my office phone is 303-861-El5E.
\i\l
t\
October 17,2003
Mr. Dale Bugby
c/o Vistar Real Estate, Inc.
635 North Frontage Road, #1
Vail, CO 81657
Re: Tree removal
Vail Townhouses
303 East Gore Creek Drive. #2D
i'l
t
Dear Mr. Bugby,
Thank you for submifting an application for design review of the proposed tree removal at the aforementioned
address. I spoke with the owner of Unit #3, Dr. Richard Parker, prior to the Design Review Board hearing last
week. He voiced his concerns to me regarding the dangers that the dying tree presented and also expressed
dismay at the somewhat expensive and complex process that is necessary to gain approval for the removal of a
tree. However, we both agreed on the ultimate importance that the Design Review Board plays in helping the
Town of Vail maintain a high-quality visual aesthetic. I proceeded to share with the Design Review Board a lefter
that Dr. Parker drafted, relaying his thoughts.
As the approval form that I have enclosed states, the Design Review Board consent- approved the proposal to
remove the large aspen that was tagged on the south side of the deck.
Thank you for your patience throughout the design review process. Please do not hesitate to contact me if I can
be of any further assistance.
Best regards,
Elisabeth Eckel
970.479.2454
enctosur
1---
't
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 f axt 970.479.2452
web: www.ci.vail.co.us
TOIW
Project Name:
Project Description:
Pa*icipants:
LtcenSe:
Prcject Address: 303 GORE CREEK DR VAIL
303 Gore Creek Drive Temp.Sign
Temporary Site Development Sign
Subdivision: VAIL TOWN HOUSE
DRB Number: DR8020329
Location:
OWNER PEARSON, VICKI - DE MOCTEZUM09/18/2002 phone:
BARBARA
PO BOX 6236
VAIL CO 81658
License:
APPLICANT PEARSON, VICKI - DE MOCTEZUM09/18/2002 phone:
BARBAM
PO BOX 6235
VAIL CO 81658
Vail Rowhouses Units 2A & 2C
Legal Description: Lot:2 Block:
Parcel Number: 210108230003
Comments: See Conditions
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Conditions:
Cond: B
Actionl STAFFAPR
Date of Approval: 09124/2002
Planner:
TOI,I'NM offil;tI CLrt '
Department of Community Development
75 South Frontage Road, Vail, Colorado 81557
tel: 970.479.2t39 tax: 974.479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requiremenG for the particular 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.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Description of the Request:
Application for Design Review
Locationof theProposal: t-ot: ? ebck: 5 Subdivision:
physicar Address: 3 OA 4 0 KV €RVTR f\Rl UF
(Contact Eagle Co. Assessor at 970-328-8640 for parcel no,)
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
o \ otr)3000
Name(s) of Owner(s):
Mailing Address:
o Phone:
E-mail Address:.!.eP-ryee. B-RType of Review and Fee.
E'sions
E Conceptual Review
tr New Constructiontr Addition
n Minor Alteraton
(multFfa mi lylcommercial)
D Minor Alteration
( single-family/d uplex)
tr Changes to Approved Plans
tr Separation Request
{qn
No Fee
$6s0
$300
$2s0
$20
retaining walls, etc.
$20 For revisions to plans already approved by
Design Review Board.
No Fee
Plus $1.00 per square foot of total sign area.
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
For minor changes 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,
reroofing, painting, window additions, landscaping, fences and
3"10'1tm
Planning Staff or the
For Office Use Only:
Fee Paid: Check No.:_ By:Date:- DRB No.:
Planner:
T0ile'm
JOINT PROPERW OWNER
WRITTEN APPROVAL LETTER
, a joint owner of property located at (address/legal
description)
provide this letter as written approval of the plans dated which have
been submitted to the Town of Vail Community Development Department for the proposed improvements
to be completed at the address noted above. I understand that the proposed improvemenG include:
i further understand that minor modifications may be made to the plans over the course of the review
process to ensure compliance with the Town's applicable codes and regulations.
(Signature)(Date)
0J- ,rfu d,t\-e<- ,-ftew<-
/ht @--t *.t:
Page 2 of 4/Qll10102
,*ffi SIGN APPLICATION
SUBMITTAL REQUIREMENTS
General Information
This application is for any sign that is located within the Town of Vail. Specific requirements are available
from the Department of Community Development.
I. SUBMITTAL REQUIREMENTS
A. Name of Business:
B. Building name and physical address:
C. Written approval from condominium association, landlord, and joint owner, if applicable.
D. Type of sign (check all that apply):
p(reestanding Sign
trWall Sion
trHangin! / Projecting Sign
!Display Box
trDaily Special Board
trJoint Directory Sign
trSubdivision Entrance Sign
D Building identification
E Mural
tr Window Sign
tr Sign Program
tr Gas Filled/Fiber Optic
tr Temporary Sign
tr Other
Number of signs proposed:
Sign message : Cs ",.-l 9-cft'.-L c-j\ \ c5 yrtl i nl Fo
Sign and lettering dimensions for each proposed sign (attach a colored scaled schematic
drawing@r/a"=f'): 4r X q-z
Length of business frontage:
Height of sign(s) from grade:
Sign Location (attach a site plan and an elevation drawing or a photograph clearly
indicating the proposed location of sign(s)):
Materials and colors of sign (attach samples): Lroo D
Number of signs existing: O
Sign lighting plan:
o Indicate type, location and number of fixtures.o include height above grade, lumens output luminous area.D Attach a cut sheet for each proposed fixture,
M. Drawings showing how and where the sign or awning will attach to the building and how
the awning will be constructed,
E.
F.
(f.
H.
I.
l.
K.
L.
Page 3 of 4l0l/10/02
N. The Administrator and/or DRB may require the submission of 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.
NOTES TO ALL APPLICANTS
Time Reouirements
The Design Review Board meets on the 1st and 3rd Wednesdays of each month. A complete application
form and all accompanying material must be accepted by the Community Development Department prior
to application deadlines. A schedule of DRB meetings and associated application deadlines may be found
on the World Wide Web at http://ci.vail.co.us/commdevlolannino/drb/meetinqs/default.htm
Review Criteria
The proposal will be reviewed for compliance with the Design Guidelines as set forth in Tltle 12 (Zoning
Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code.
Desion Review Board Meetinq Reouirements
For new construction and additions, the applicant must stake and tape the project site to indicate
property lines, proposed buildings and building corners. All trees to be removed must be taped. The
applicant must ensure that staking done during the winter is not buried by snow. All site tapings and
staking must be completed prior to the day of the DRB meeting.
The applicanf or their representative, shall be present at the Design Review Board Hearing. Applicants
who fail to appear before the Design Review Board on their scheduled meeting date and who have not
asked in advance that discussion on their item be postponed, will have their items removed from the DRB
agenda until such time as the item has been republished.
If the DRB approves the application with conditions or modifications, all conditigns of approval must be
resolved prior to the issuance of a building permit.
Staff Aporoval
The Administrator (a member of the planning staff) may review and approve Design Rwiew applications,
approve with certain modifications, deny the application, or refer the application to the Design Review
Board for a decision, All staff approvals are reviewed by the Design Review Board and any staff decision
is subject to final approval by the DRB.
Page 4 of 4/01/10102
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Planning and Environmental Commission
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www,ci.vail.co.us
Project Name: Variance-Pearson Residence pEC Number: pEC020007
Project Description:
A request for a side setback variance to allow for the remodelof Units 2A & 2C
Pafticipants:
OWNER PEARSON, VICKI - DE MOCTEZUM1Z|II|Z}1Z phone:
BARBARA
PO BOX 6236
VAIL CO 81658
License:
APPUCANT Pam Hopkins 02lLtl2902 Phonei 476-220!
Snowdon Hopkins Architects
POB 3340
VAIL, Co 81658
Pam@Snowdonhopkins.com
License:
Project Address: 303 GORE CREEK DR VAIL Location:
Legal Description: Lot: 2 Block: Subdivision: VAIL TOWNHOUSE
Parcel Numben 210108230003
Commentsi Approved per plans submitted
BOARD/STAFF ACTION
Motion By: Cahill Action: APPROVED
Second Byr Berhardt
Vote: 5-0 Date of Approval: 0412512002
Conditions:
Cond: 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).
Planner: George Ruther PEC Fee Paid: $500.00
rufi,I'ffi
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2139 f ax: 970.479.2452
web: www.ci.vail.co,us
Project Name: Pearson Residence Addition DRB Number: DR8020024
Proiect Description:
Fianl review of remodel to Units 2A & 2C, Vail Rowhouses
Participants:
OWNER PEARSON, VICKI - DE MOCrEZUM02/06/2002 Phone:
BARBARA
PO BOX 6236
VAIL CO 81658
License:
APPLICANT Pam Hopkins 0210612002 Phone: 476-2201
Snowdon & Hopkins Architects, PC
POB 3340
Vail, Co
Pam@snowdonhopkins.com 81658
License:
Prcject Address: 303 GORE CREEK DR VAIL Location:
Vail Rowhouses Units 2A & 2C
Legal Description: Lot: 2 Block: Subdivision: VAILTOWNHOUSE
Parcel Number: 210108230003
Comments: Approved per plans submitted
BOARD/STAFF ACTION
Action: APPROVED
Conditions:
Cond: 200
A conceptual review is NOT a Design Review Board approval.
Cond: CON0005248
Approved per plans submitted and stamped approved 41L71002
Planner: George Ruther
,{I\@
TOI44VNV-AIW
D Conditional Use Permittr Floodplain Modification
D Minor Exterior Alteration
D Major Exterior AlterationD Develooment PlanD Amendment to a Development Plan
tr Zonino Code Amendmentd variaricetr Sign Variance
$6s0
$400
$6s0
$800
$1s00
$2s0
$1300
$500
$200
Application for Review by the
Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97 0.479.2L39 f ax:. 970.479.2452
web: www.ci.vail.co.us
General Information:
All poects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted untjl 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 Design Review Board.
Type of Application and Fee:
n Rezoning $1300D Major Subdivision $1500n Minor Subdivision $650n Exemption Plat $650D Minor Amendment to an SDD $1000D New Special Development District $6000n Major Amendment to an SDD $6000n Major Amendment to an SDD $1250
(no esterior modifications)
Physlcal Address:
parcel No.: 4loLobLr0o0?(Contact Eagle Co. Assessor at 970-328-8640 for parcel no,)
Zoning:
Name(s) of Owner(s):
Mailing Addressl
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Address:- +1b 144 I
VED
t[02
of 6-01/18/02
FIi^,r,$H""'
No.:
Page I
1,,.\t5z- au--L roV-a,- CoJ.'"^h <[ L a^r t'u-e-
IPP?tl"n for Review by thf
.Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97O.479.2t39 fax:. 97O.47 9.2452
web: www.ci.vail.co.us
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission 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 Design Review Board.
Type ofApplication and Fee;
f) Rezoning $1300fl Major Subdivision $1500n Minor Subdivision $650E Exemption Plat $650E Minor Amendment to an SDD $1000! New Special Development District $5000n Major Amendment to an SDD $6000A Major Amendment to an SDD $1250
( n o exte ri or mod i fr ca ti ons)
)t4/t\l
tr Conditional Use Permit $650D Floodplain Modification $400tr Minor Exterior Alteration $650! Major Exterior Alteration $800D Development Plan $1500D Amendment to a Development Plan $250C Zonino Code Amendment $1300
{ Variance $500tr Sign Variance $200
Physical Address:
parcer No.: 4loLobOAooo?(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Mailing Address:
Name(s) of Owner(s)l
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Addressl Hp tmt
For Office Use Only:
Fee Paid: Check No.:_ By:
Application Date:
Planner:
PEC No.:
Project No.:
Page I of6-01/18/02
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A request for a variance from Section 12-6H-6, Vail Town Code, to allow
for the addition of gross residential floor area within the required side
setback located at 303 Gore Creek Drive, Vail Rowhouse#2-C lLot2.
Block 5, VailVillage 1st.
Applicant: Vicki Pearson, represented by pam HopkinsPlanner: George Ruther
I. DESCRIPTION OF THE REQUEST
The applicant, Vicki Pearson, represented by Pam Hopkins of Snowden & Hopkins Architects, p.C.,
is proposing a remodel of Vail Rowhouse Units #2-A & C. As a result of the remodel Unit #2-A is
eliminated and the floor area is combined into the a new Unit #2-C. The proposal calls for the
addition of gross residential floor area under the 250 ordinance (188 sq. tt.), ifre relocation of a
staircase above an existing shed, and the reconstruction of the front entrance to Unit #2-B. Other
minor alterations will occur to the building to facilitate this remodel.
The Vail Rowhouses were originally constructed in 1963. At the time of construction the
development was under the jurisdiction of Eagle County as the area had not yet been incorporated.
The Vail Rowhouses were annexed into the Town of Vail in the original incorporation of the Town
of Vail in August of 1966. In 1973 the Town of Vail adopted zoning-regulations for the community.
At that time, the Vail Rowhouses were zoned High-Density Multiple Fimily. The rowhous"s ryeie
then rendered non-conforming structures with regard to lot and structure improvemenrs.
Due to the existing non-conformity with regard to setbacks, the applicant's proposal requires the
following variance:
1. The applicant is requesting a (side setback) variance from Section 12-6H-6 of the Vail Town
Code in order to relocate a staircase to the west side of the building and bring it into compliance
with the uniform building code. The construction of the staircasl would further the existino
encroachment of the building into the required 20 foot side setback in the high-density multiple-
family (HDMF) zone. The building is presently 15.5 feet from the property liie on the'west sideof the property. The addition of 41 square feet of floor area on the second floor of the buildingto create a new stair landing results in a greater discrepancy or greater amount of squarifootage in the setback than currenfly exists.
A*l Ll*at***rd {uegria.reo *ha H€€D lo ,roro 3fria5 .
rii{f Y it f; l?vf f.}tr*,4
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Staff recommends approval of the request fdra.(sidb setback) variance from Section 12-
6H-6 of the Vail Town Code. Staffs recommendatiori of approval is based upon the review
of the criteria outlined in Section lV of this memorandum and the evidence and testimony
presented on this application. Staffs recomfllehdationis.based'onthefollowing findings:
1. That the granting of the variance from Sections 12-6H-6 does not constitute a grant of
special privilege inconsistent with the limitations on other properties in the High-Density
Multiple-Family Zone District, as the building addition is atop an existing setback encroach
and the 41 square feet of additional mass will have no negative effects on the provision of
light, air and open space.
2. There are exceptions or eritraordinary circumstances or conditions applicable to the
applicant's property that do not generally apply to other properties in the High-Density
Multiple-Family Zone District since the townhouse project was built under Eagle County's
jurisdiction and the Town has since annexed the structure and applied different zoning.
Further, while annexation alone does not always constitute an exception of extraordinary
circumstance, in this case, the need for compliance with the Uniform Building Code further
limits the property owner's options for redevelopment.
3. That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materialty injurious to properties or improvements in the vicinity.
III. ROLES OF THE REVIEWING BOARDS
Planninq and Environmental Commission:
Action: The PEC is responsible for final approval/denial of a variance.
The PEC is responsible for evaluating a proposal for:
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity, or to attain the objectives of this Title without grant of special
privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
4. Such other factors and criteria as the Commission deems applicable to the proposed
variance.
Desiqn Review Board:
Action; fhe DRB has NO review authoity on a vaiance, but must review any accompanying DRB
application.
...":,:ilI.'i.' ..i.rr
The DRB is responsible for evaluating the DRB proposal for:
tv.
1. Architectural compatibility with other structures, the land and surroundings2. Fitting buildings into landscape
3. Configuration of bullding and grading of a site which respects the topograpny4. Removal/Preservation of trees and native veoetation5. Adequate provision for snow storage on-slte6. Acceptability of building materials and colors7. Acceptability of roof elements, eaves, overhangs, and other building forms8. Provision of landscape and drainageL Provision of fencing, walls, and accessory structures
10. Girculation and access to a site including parking, and site distances
1 1. Provision of outdoor lighting
ZONING STATISTICS
Lot Size: 16,220 sq. ft./0.372 acreZoning: High Density Muttiple Family (HDMF)
GRFA:
Setbacks:
Front:
Sides:
Rear:
Site Goverage:
Height
V.GRITERIA AND FINDINGS
Allowed/Required
250 sq.ft. addition
20'
20'
20'
8,s21 (55%)
45',t48'
Existinq
2,709 sq. ft.
20'
15.5'
6.9'
7,134 (44o/o)
30'6',
Proposed
188 sq. ft.
no change
no change
no change
no change
no change
A.
The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
staff believes that the proposed residential addition is compatible with the
surrounding uses and slructures and development objectives of the town.
Since the original application submitted by the applicant in 1999, the
applicant has worked closely with the Vail Rowhouse Association and the
staff to revise the plans and creale a proposal that can be supported by
each. staff believes that through the numerous revisions the application hai
resulted in a remodel proposal that will have litfle, if any, negative impacts on
the surrounding uses and structures in the vicinity. Recognizing the existing
legal, non-conformities, staff has supported variance requesti in the past.
For instance, a side setback variance was granted to lot 1 1 in 1gg4 and a
variance was also granted to lot l3 in 1993 in order for a deck to encroach
further into a rear setback than would normally be permitted in the HDMF
zone.
2.The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity or
to attain the objectives of this title without a grant of special privilege.
The requested variances would allow the applicant tb remodel an aged
structure bringing it into compliance with the uniform building code and
improving its physical appearance which is highly visible from the Covered
Bridge, a major pedestrian thoroughfare. As previously stated, the applicant
has made numerous changes and revisions to the plans to reduce the
amount of deviation requested from the side setback requirements. Staff
believes that these changes have resulted in an approval application that will
not result in a grant of special privilege. Similarly, staff believes that the
variance request is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity of the rowhouses. As previously
mentioned, the Vail Rowhouses are legally established, non-conforming
buildings and staff believes that variance approvals are needed to facilitate
their redevelopment.
From an overall perspective, there has been a strong effort to minimize site
disturbance while improving the visual appearance of the building and
allowing the applicant reasonable enjoyment of her property.
The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
Staff believes that the requested variance will have little, if any, negative
impacts
orantinq a variance:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classifled in the same
district.
2. That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
J.
B.
b.There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally
to other properties in the same zone.
The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
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PEARSON RESIDENCE
303 GORE CREEK DRTVE
VAIL, COLOR,ADO
Srmx/don and Hopkins , Architects. p.C. I
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NING AND ENVIRONMENTAL C
PUBLIC MEETING RESULTS
Monday, epirtZZ,ZOOZ
PROJECT ORIENTATION / - Gommunity Development Dept. pUBLIC WELCOME
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OMMISSIO
MEMBERS PRESENT
Erickson Shirley
Chas Bernhardt
Doug Cahill
George Lamb
Gary Hartman
Site Visits :
1. Pearson residence - 303 Gore Creek Drive2. Evergreen Hotel - 250 S. Frontage Rd. West
Driver: George
1:00 pm
Public Hearinq - Town Council Ghambers 2:00 pm
1 . A request for a variance from Section 12-6H-6 (Setbacks), Vail Town Code, to allow for the
remodel of Vail Townhouses, Units 2A&2C,located at 303 Gore Creek Drive, Lot 2, Block
5, Vail Village 1't Filing.
Applicant: Vickie Pearson, represented by Pam HopkinsPlanner: George Ruther
MOTION: Doug Cahill SECOND: Chas Bernhardt VOTE: 5-0
APPROVED
2. A request for a worksession to discuss a conditional use permit to allow for a private
educational institution and a request for developmerit plan review to construct employee
housing within the Housing Zone District and setting forth details in regards thereto, located at
the site known as "Mountain Bell'/an unplatted piece of property, located at 160 N. Frontage
Rd./to be platted as Lot 1, Middle Creek subdivision.
Applicant: Vail Local Housing Authority, represented by Odell ArchitectsPlanner: Allison Ochs
WORKSESSION - NO VOTE
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PLAN
12:00 pm
MEMBERS ABSENT
John Schofield
Rollie Kiesbo
A request for a worksession to discuss a minor subdivision of Lot 2, Block 1, Vail Lionshead
Second Filing (Evergreen Lodge) and Lot F, Vail Village Second Filing (Medical Center); a
request to rezone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen
Lodge) from Special Development Distritt No. 14 to Lionshead Mixed Use 1; a request to
rdzone a portion of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from
Special Development District No. 14 to General Use; a request to rezone a portion of Lot F,
Vail Village Second Filing (Medical Center) from General Use to Lionshead Mixed Use 1;
and a request to amend the study area defined in the Llonshead Redevelopment Master
Plan and setting forth details in regards thereto, located at 250 S. Frontage Rd. West / Lot
2, Block 1, Vail Lionshead 2nd Filing and 181 South Frontage Road West / Lots E and F,
Vail Village Second Filing.
Applicant: Evergreen Hotel and the Vail Valley Medical CenterPlanner: Allison Ochs
MOTION: Chas Bernhardt
TABLED UNTIL MAY 13,2002
SECOND: George Lamb VOTE:5-0
4.A request for a major exterior alteration in accordance with Section 12-7A-12: Exterior
Alterations or Modifications, to allow for an addition at Ludwig's Restaurant, located at 20
Vail Road/ Lots K and L, Block 5E, Vail Village 1't Filing.
Applicant:
Planner:
Johannes Faessler, represented by Resort Design Associates
Allison Ochs
WITHDRAWN
5. Approval of April 8, 2002 minutes
MOTION: Doug Cahill SECOND: Chas Bernhardt VOTE: 5-0
APPROVED AMENDED MINUTES
6. lnformation Update
'/ Reminder May 9'n PEC/DRB Appreciation Party - RSVP
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Motion to
adiourn
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING MINUTES
Monday, April 8, 2002
NEW MEMBER ORIENTATION
PROJECT ORIENTATION I - Community Devetopment Dept. pUBLtC WELCOME
MEMBERS PRESENT MEMBERS ABSENT
John Schofield
Erickson Shidey
George Lamb
Gary Hartman
Chas Bernhardt
Doug Cahill
Rollie Kjesbo
DRB MEMBERS PRESENT
Clark Brittain
Chades Acevedo
Hans Woldrich
Margaret Rogers
Site Visits :
1. Middle Creek - 160 N. Frontage Road2. Lodge at Lionshead - 380 E. Lionshead Circle
Driver: George
DINNER
Public Hearinq - Town Council Ghambers
1:00 pm
KEH
NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
11:00 am
12:00 pm
6:00 pm
2:00 pm
1. Swearing in of reappointed PEC member Erickson Shirley and appointed PEC members
George Lamb, Rollie Kjesbo and Gary Hartman - Lorelei Donaldson, Town clerk.
2. Election ot20O2 Chair- John Schofield 7-0
Vice-Chair - Erickson Shirley 7-0
3. A request for a joint worksession with the Design Review Board and Planning and
Environmental Commission to discuss a proposal for a conditional use permit to allow for a
private educational institution and a request for development plan review to construct
employee housing and a private educational institution within the Housing Zone District and
setting forth details in regards thereto, located at the site known as "Mountain Bell"/an
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property
o
be plattedunplatted piece of
Creek subdivision.
, located at 160 N. Frontage Rd./to as Lot 1, Middle
Applicant: Vail Local Housing Authority, represented by Odell ArchitectsPlanner: Allison Ochs
Gary Severson, acting as the meeting facilitator, outlined the process for the afternoon
meeting.
Allison Ochs provided a brief overview of the Housing Zone District. A copy of the zone
district regulations was attached to the staff memo for reference.
Mark Ristow spoke on behalf of the Housing Authority with regard to this project. He
stressed the impodance of affordable housing in the Town of Vail. Mark stated the goals of
the project as adopted by the Vail Town Council.
Otis Odell provided an overview of the project and process to date. He discussed the
rezoning process and the land use plans amendment.. Otis discussed the history of the
design process.
Allison Ochs oresenled an overview of the PEC/DRB comments. She passed a copy of a
letter from the Vail Village Homeowners Association, Inc.
Otis Odell stated that he believed that the PEC/DRB goals for this project were his goals.
He stated how the project complied with the parking requirements. He wished to know if the
parking requirement could be different? Could the parking requirement be reduced by 32
spaces? Where can the bulk and mass be located on the site? Should "zones" of bulk and
mass be identified?
Dialogue amongst the group ensued.
John Schofield summarized and further clarified the issues and concerns of the Planning &
Environmental Commission, as formulated at their March 1 1,2002, meeting'
Erickson Shirley stated that bulk and mass remain huge issues for the PEC.
Dialogue ensued regarding child drop-off. Numerous individuals spoke on the matter.
Clark Brittain turned the microphone over to Hans to discuss the DRB's concerns.
Hans Woldrich stated that Town's goals were the DRB's goals. Hans pointed out the
following issues: the buildings are too bulky and massive, the buildings are swimming in a
sea of asphalt, the site is a tremendously visible site and it must meet the design
requirements of the site, the roof ridge lines are too straight and must be broken up, building
locations are under utilized and there is too much site disturbance.
Gary Severson explained the next steps of the afternoon meeting'
John Schofield stated that the issues had been boiled down into two categories: bulk and
mass, relationship of height and relationship between buildings on the site. Too much
asphalt, parking needs to be addressed. He stated that if these issues were addressed,
then many of the other issues (landscaping, snow storage, ridgelines, etc.) would be
addressed as a result.
Otis Odell asked if a reduction in parking was acceptable?
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speaki
4.
Chas Bernhardt,ng for the PEC/DRB, said no.
Clark Atkinson talked to the impacts of building parking structures.
John Schofield stated that the Commission could grant flexibility in the number of tandem
and compact spaces.
Gary Severson clarified that this concern would be addressed by reducing the effective
mass of asphalt by removing square footage of asphalt, not by screening it with landscaping
and berming.
Otis Odell asked the group to define zones of acceptable height and massing.
Hans Woldrich recommended that they focus the mass near the rear portion of the site with
buildings stepping up from the Frontage Road going lower to higher as you go north on the
site and low to high from east to west; west to east. He said the center of the site is
immediately east of the mountain bell tower.
Otis Odell asked if a single footprint building was acceptable.
The group agreed that may be ok.
Jim Lamont spoke on behalf of the Vail Village Association. He stated that aesthetics and a
regional approach needs to be taken. He believes this site should be maximized for
development and the revenues used to develop affordable housing in all locations. He also
felt that quality development is needed to meet the expectations of the community and
resort.
Gary Severson summarized the direction and comments of the group.
A request for a rezoning from High Density Multiple Family (HDMF) & Medium Density
Multiple Family (MDMF) to Lionshead Mixed Use -l (LMU-1), to allow for the
redevelopment of the Lodge at Lionshead, located at 380 E. Lionshead Circle/Lot 7, Tract I
& Tract J, Block 1, Vail Lionshead 1"t Filing and Lot 6, Block 1, Vail Lionshead 2nd Filing.
Applicant: Lodge at Lionshead, represented by Jeff Bailey.Planner: Russ Forrest
TABLED UNTIL MAY 13,2002
Doug Cahill made a motion to table this item.
Gary Hartman seconded the motion.
The motion passed by a vote of 7-0.
A request for a recommendation to the Vail Town Council, for a text amendment to Tifle 12,
Section 2-2, to amend the definition of "Fractional Fee Club" and to amend Title 12, Section 16-
7A-8, to amend the Use Specific Criteria & Standards, and setting forth details in regard
thereto.
Applicant: Rob LevinePlanner: George Ruther
George Ruther presented an overview of the staff memoranoum.
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Erickson Shirley asked if there are any current regulations prohibiting fractional ownership.
Matt Mire, Town Attorney, stated that the discussion that is in front of the Planning and
Environmental Commission should be involved in ownership regulation.
Erickson Shirley asked if there was any current regulations of the Town of Vail which regulate
multiple ownership of single properties.
Rob Levine, representing Antlers Condominium Association, clarified the situation at the
Antlers. He stated that in the end, their redevelopment will be approximately $2,000,000 in the
hole. He stated that they have sold 14 of their units at $700,000, as condominiums. They
would like to sell the remainder at quarter shares at $200,000. He then spoke about the rental
pool at the Antlers.
John Schofield asked Rob Levine if he believed a code change was required to do what he is
requesting.
Rob Levine stated that they already have multiple units which are owned by corporations and
that no Town of Vail regulations applied.
Erickson Shirley asked if they approve this, would everyone in Lionshead do this?
Rob Levine said he didn't think so and that there are benefits to condominiums. He stated that
he didn't see any of the Lionshead properties doing hotel rooms, but that they would likely do
something more like what they are proposing.
Matt Mire, Town Attorney, asked if everyone did this, would it be necessarily a bad thing?
Erickson Shirley stated that Antlers is apparently making a profit from his proposal. lf the
market works, then wouldn't everyone want to do this?
Rob Levine stated that he believed these units would be more likely to be short-termed rentals
and that he sees this as a benefit to the Town.
Doug Cahill asked for clarification.
George Ruther stated that at the time Fractional Fee Clubs were considered, there was great
concern about the cumulative effects of Fractional Fee Clubs. He stated that since the
regulations were put into place, we've had 4 Fractional Fee Clubs approved; 2 built.
Erickson Shirley stated that when these were originally approved, a Fractional Fee Club was
reouired to have a front desk and be run more like a hotel. With so many owners, he asked
how does maintenance work.
Rob Levine stated that you wouldn't want fractions at more lhan 1112. People will not walk
away from it. He stated that at % shares, people are more vested in the property.
Doug Cahill asked about having more than1y'a shares.
Rob Levine stated that he wasn't sure about Vail Resorts plans.
The chairman asked for public input.
Dominic Mauriello representing the Sonnenalp stated that he is interested in the fractional fee
club ownership in the PA zone district. He encouraged the board to focus on the use; not the
ownership of a project. He believed that maintenance is an issue, but that new state
regulations now require homeowners to have adequate reseryes for maintenance.
questioned why we care whether an ownership is 1112 or 1l20th' as long as there
malntenance reserve.
Erickson shirley asked whether the regulations prevent more than one owner.
Dominic Mauriello believed that the regulations don't speak to it other than the purpose
statement of residential zone districts. Dominic encouraged the board to let the market dictate
how many owners exist.
John schofield closed public input and asked Matt Mire whether this is prohibited.
Matt Mire said he is not aware that it is illegal today, but that he would look into it.
Erickson Shirley asked George whether the Lionshead Master Plan encourages warm beds.
George Ruther reviewed how the various master pl6ns encourage warm beds.
Erickson Shirley asked whether any developers have developed properties in a residential area
for the purpose of having a divided ownership.
George Ruther believed that this has occurred in Vail.
Rollie Kjesbo stated that his concern was about whether or not this would be a use which
would proliferate throughout the Town.
George Ruther clarified that this had no impact on accommodation units. Specifically, he stated
that in the PA Zone District, this use must be run more like a hotel. However. in other zone
districts, condominiums are an allowable use.
Doug Cahill stated that he saw this as an opportunity in the higher density zone district. He
sees it more as a conditional use in Lionshead. He asked about the redevelopment of buildings
in Lionshead and what kind of accommodation units we would see in Lionshead.
George Ruther stated that in LMU-1, accommodation units are not counted lowards dens1y.
Chas Bernhardt stated that with Rob Levine as the expert, he recommends that Rob draw up
the guidelines for this type of use and regulations.
George Lamb stated that he deals a lot with this type of relationship. He applauds Rob for
doing small ownerships, because he has seen these partnerships falling apart. He would like
to see the agreements, maintenance agreements, etc. that Rob is proposing for the project.
Rob Levine then talked about condominium laws across the country. He talked about applying
these on more of a micro-level. He clarified that if the partnership isn't working, they can-seii
their portion of the ownership fee-simple. He stated that the association ii in Charoe of
maintenance.
Erickson Shirley stated that Vail would be pretty cheesy if it were all hotels. He then stated that
he used to live above the Red Lion and that's why he's on the Board today. He stated that he
believed thetown should encourageme+ecenCeminietrc. 14 fryflf Of '-/rHt!5, .
Gary Hartman stated that he believed that having this type of ownership will encourage livebeds. But he has concerns about this use spreJding beyond the core areas and that there
should be some sort of percentage cap, or conditional use process for this use.
He
isa
6.
John Schofield stated that what this application is before them, is not really what they had
envisioned as "fractional fee". He stated that regulating this ownership may not be something
that the Town wants to enter into. He believes that this ownership is already allowed by code.
The real question is do we regulate use or do we regulate ownership? He questioned about
other's thoughts that allowing this will create a bonanza. He stated that he believed that the
concerns about long-term maintenance are things that they don't want to get into regulating.
He stated let's regulate use, not ownership.
Rob Levine stated that he believed the market would define the amount of these units. He
further stated that he agrees that a mix of uses is beneficial to the Town. He stated that it is
more beneficial to have these units, rather than only used 2 to 4 weeks per year.
Erickson Shirley stated that Lionshead isn't very appealing. His concern is that people will
move to Sun Valley. He stated that this has kind of a time-share feel to it, and he believes that
there needs to be a balance. He believes that this is a commercial enterprise and has a
different feel to it than corporations purchasing units. He stated that communities have
regulations because the market doesn't always do what's best for the community.
John Schofield stated that he has concerns about a mix of uses on a site, much like Vantage
Point.
George Ruther stated that the discussions he's had with Park City have indicated that the mix
of uses has been a problem for them.
Chas Bernhardt made a motion to table this until Mav 13, 2002.
George Lamb seconded the motion.
The motion passed by a vote of 7-0.
A reouest for a recommendation to the Vail Town Council for a text amendment to Title 11,
Section 11-5, Prohibited Signs, Sign Regulations, Vail Town Code, to allow for certain off-site
advertising signs, and setting forth details in regard thereto.
Applicant: Town of VailPlanner: George Ruther
George Ruther presented an overview of the staff memorandum. On March 18s the Town
Council directed staff to move forward with Interstate business signs for the West Vail
Interchange. George reviewed how these types of signs are located and operated by the
Colorado Department of Transportation. George further reviewed the sign code and how these
types of signs are prohibited signs since they are off-site advertisement. George also reviewed
the previous attempts to put Interstate business signs in the Town of Vail. The Way-Finding
Committee also reviewed these types of signs and concluded that these types of signs were
not the most effective way to direct guests to businesses. They developed an alternative way
finding program and they have concluded that the proposed Interstate signs would be in conflict
with the way finding sign program. George reviewed the questions from the last PEC meeting.
The questions and answers were:
1) Can the Town further restrict the distance from an interchange (from 3 miles) that signage
. ",lcouldPromg@
The answer'is that yes, the Town could fufther limit the distance from the interchange that
the s4rns could promote.
2) Can the Town opt out of the sign program if the rules change at a State or Federal level.
The answer to this question is that the Town could choose not to adopt those changes or
to opt out of the program completely.
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3) The Vail Town Council stated that ramp signs should not be allowed. The question is can
the Town prohibit ramp signs.
The .answer to this question is that if a busrness is not visibte from the nmp then ramp signs
shall be installed. lf the business is rn srErht of a ramp then a ramp sign may noi be
regulated.
George Ruther reviewed various altematives for how ramp signs could work with a round-about.
Erickson Shirley asked whether CDOT is more flexible with the ramp sign versus Interstate
signs.
George Ruther stated that the answer was yes.
Chas Bernhardt asked about whether the Town could just have signs at the West Vail
lnterchange.
George Ruther stated that the answer to this question is yes - other communities have done
that.
George Ruther then reviewed the specific ten changes to change the sign code. He then
reviewed the staff recommendation.
Rick Scapello stated that based on the conditions, they can be resolved and that the PEC
should fonryard a recommendation to approve or deny. He also stated that the ramp signs
could be flexible. Rick mentioned that the purpose is to divert people off the Insterstate that
may be passing through.
Erickson Shirley asked Rick whether Council was aware that businesses would have to be
excluded since ramp signs would be prohibited.
Rick Scapello agreed that businesses that are hot visible would not be eligible or you would
have to have ramp signs.
Erickson Shirley asked whether the wayfinding committee considered allowing Interstate
business signs. Greg Hall, Public Works Director, discussed how the committee pursued a
more creative way-finding signage.
John Schofield asked whether we could do something more creative.
Greg Hall said we are pursuing a creative slgn program with the Federal Government.
Fric Knox reviewed that you did not have to have ramp signs. However, he had assumed thatall the businesses could be seen. After a sight visit it was concluded that not all the
businesses were visible. So be began pursuing creative signage for a roundabout. He believed
that a creative ramp sign could be created to work within the Town.
Sonny Caster expressed his support for the Interstate business signs. Sonny believed this
would help business in west Vail. He did not see any reason not tohave them.
George Lamb wondered where the way-finding program is and expressed interest in tabling this
item until the two programs could be coordinated.'
Erickson shirley would propose the use of signs on l-70, but not on the ramps.
Gary Hartman stated Vail needs to look at the comprehensive sign program and it needs to look
at how the Interstate signs would be integrated with this comprehensive approach. Gary thought
we should go for the International symbols.
Rollie Kjesbo stated we should table this until this is considered as part of a comprehensive
sign program.
Doug Cahill said everyone is concerned with generating business, but he is concerned about
the fairness issue.
Erickson Shirley asked whether we (TOV) could put wayfindlng signs on the Interstate.
Greg Hall said that the wayfinding signs will need to be reviewed by the Federal Government,
but we can out the International lcons on the Interstate.
Rick Scapello stated that in the discussion with l-70, the icons were discussed, but that the
Council felt that the business logo signs were the best way to go.
Doug Cahill questioned the hours of operation to get a logo on the sign.
Rick Scapello reviewed the rules and regulations for putting a specific type of business sign on
the lnterstate.
Doug Cahill further asked whether Sonny Caster could put his logo on the sign, given that he
would close his bathrooms and drinking water.
George Ruther confirmed that the ordinance in front of the PEC would require business owners
to comply with the Federal regulations on business operation before they could have a logo on
the sign.
Chas Bernhardt is for moving forward with Interstate signs and lnternational logos on the
ramps.
John Schofield is not comfortable with the exclusion of the Main Vail and the East Vail
lnterchange. John would like to integrate this effort into the sign regulations that are be
redrafted. As a world class resort, we should be distinct and unique. The Town should pursue
International icon signs and creative wayfinding signs on the Interstate. He also wondered if
many business would meet with the minimum standards set out in the Federal regulations.
Erickson Shirley is concerned that the Town can not put out signs on the Interstate.
Greg Hall stated that the Town can not put alternative signs on the lnterstate, unless we get
Federal approval.
Doug Cahill made a motion to table this proposal until integrated into a comprehensive sign
plan.
There was no second and the motion died.
Chas Bernhardt moved to approve the request, but only allowing ramp signs using International
icons.
There was no second and the motion died.
Erickson Shirley expressed his support for the logo signs and suggested that if better signage
became available we could remove the business logo signs.
Doug Cahill again expressed concern about the inequity involved with this program.
Doug Cahill made a motion to deny the proposal with specific direction to the Council to
integrate this idea into the sign code revisions and the way finding program.
Rollie Kjesbo seconded the motion.
The motion passes 4-3, with chas Bernhardt, Erickson shirley and George Lamb opposed.
A request for a variance from Section 12-6H-6 (Setbacks), Vail Town Code, to allow for the
remodel of Vail Townhouses, Units 2A & 2C,located at 303 Gore Creek Drive. Lot 2. Block
5, Vail Village 1"t Filing.
Applicant: Vickie Pearson, represented by Pam HopkinsPlanner: George Ruther
TABLED UNTIL APRIL 22,2002
A request for a minor subdivision of Lot 2, Block 'l , Vail Lionshead Second Filing (Evergreen
Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion
of Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special
Development District No. 14 to Lionshead Mixed Use '1 , a request to rezone a portion of Lot
2, Block 1, Vail Lionshead second Filing (Evergreen Lodge) from special Development
District No. 14 to General Use; a request to rezone a portion of Lot F, Vail Village second
Filing (Medical center) from General Use to Lionshead Mixed Use 1; and a request to
amend the study area defined in the Lrbnshead Redevelopment Master Plan and setting
forth details in regards thereto, located at 250 s. Frontage Rd. west lLotz, Block 1, Vail
Lionshead 2no Filing and 181 south Frontage Road west / Lots E and F, Vail Village
Second Filing.
Applicant: Evergreen Hotel and the Vail Valley Medical CenterPlanner: Allison Ochs
Chas Bernhardt made a motion to table item I to the first meeting in May.
Rollie Kjesbo seconded the motion.
The motion passed by a vote of 7-0.
App.roval of March 25,2002 minutes
The PEC approved the minutes as read.
TABLED TO MAY 13,2002
Information Update
Discussed banning cell phones in meetings. The group agreed to that.
/ Appointment of PEC rep to AIPP and Open Space Committee. George Lamb was appointed to Alpp. Chas Bernhardt was appointed to the open space committee
Meeting adjourned.
6.
9.
10.
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land Title Guarantee Gompany
Date': l2-13-2ffiL
To:
VICKI ANNPEARSON
P.O. BOX 6236
YAIL, CO 81658
RE: Y274589
December 13, 2001
970-949-0159
VICKI ANN PEARSON
P.O. BOX 6236
VAIL, CO 81658
Sincerely,
Kathryn Shinn
0030 Benchmark Rd #216, po Box 3480
Avon. Co 81620
7 \
hnd Title(jUARANIEf COfiPAN!
Subject: A|Eached TiEle ConwiEmen| 274|ggfor Condominiun IInit 2a, Vail Townhouses
VICKI ANN PEARSON,
congratulations on your contract for purchasing the property listed above.
$tpched please find a gopy ^of Land Title's commitment to provide title insurance for your transaction.This commitment consists bf three parts:
* ScheduTe A discloses.your name(s) al you intend to take title to the property, the purchaseprice, your. lender and/or lban amouni if tdown at this time, tfrJ seffe<si naine(ij and'ihelegal description of the property under contract.
* schedure B' SecEion 7 ( Ehe Requireneats) discloses items that need to be resolvedbefore or at tl.e closing. We hjve begun th6 process of making sure these requir"*eott;t---
met and we will contact you if we require any additional infor:mation.
* schedvle B, secEion 2 (Ehe ExeepEions) disclosesotherinterestsintheproperty,
such as easements and covenants_, that we witi be taking exception to in the titt" pofi"v.'ii"- -
covenants are listed, copies will be provided for your r-eview.
Please be aware that you may receive additional copies of this title commitment if we receive new
:lll*1tl9l lelpmtng tgVqr transaction. In the event that you receive subsequent commitrnents,the.changes we have rnade frgm the previous version will be underlined so yori will be able toeasily identify what information is n6w.
In addition, we have also enclosed an informational sheet explaining residential title insurance.
TITtE. LEITER.BUYER
A Guide to Your Title Policy
A forgery 50 years ago...
A deed execubed under duress...
An error by a clerk in the county recorder,s office...
A misapplied tax payment...
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These are just a few of the hidden defects that could cause you to lose your property. And even if you don't lose your property altogether,
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coverage), a title insurance premium i6 a oue-time flat fee regulated by the Division of Insurance an<l paid at the time ol closing. For this one-time
premium, an owner's litle insurance policy remains in effect as long as the insured or the insurerl's heirs retain an interest in the property
or have ary obligations to warrant the tiue to the property when they sell it.
A residential title insurance policy is like a pre-paid legal defense against any challenges to the insured's ti e and will reimburse the insured
financially for any losses as a result of hidden defects in ownershiD rishts-
The title company
Land Title Guarant€e company is a locally owned and operat€d title insurarce agent that has been serving the residential real estate community in
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The property search
Before your real estate transaction closes, the title company performs an extensive search of all recorded documents Eelated to the property. The
history of ownership of a specific piece ofproperty is referred to as the "chain of title. "
The examination and Gommitment to insure
ExPerienced title officers then examine these records to determine their effect on the current status of ownership, and a report, also called a
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Hidden risks
If title insurance companies work to elimin4te risks and prevent losses caused by defects in the title before the closing, why do you need a title
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that axe not of record and therefore may not be discovered after a thorough title exan:
* forged de€d, releases, or willc;
x other t)?es of fraud (for example, false claims of ownership...false impersonation of the true owner of the property...illegal act6 of
administrators or ettorneys) ;
* undisclosed or missing heirs;
* documents execuied under an invalid or expirect power of attorney;
* m isinterpretati ons of wills;
* deeds by persons of unsound mind;
x deeds by minors;
* deeds by persons supposedly single but in fact married;
x lieus for unpaid estaie, inheritance, income, or gift taxes;
x mistakes in recording of legal documents.
These problems may have arisen at any tine during the history of ownership of the property but may surface at any time in the future.
The commitment requirements
one of the most imporlant paxts of the property search and exam is to determine if there are any unreleased llen6 attached to the property, or any
unsa0sfied judgments or fax liens against the current or prwious owners. Any defect against the property is referred to as a 'cloud on the title"
and must be eliminated before the title insurance policy can be issued. These defects, as well as other requirements (like the recording of a
waFanty deed) that must b€ met prior to issuance of the policy, are listed as 'Requirements' under schedule B-1 of the title commitrnent.
Your Land Title closer will work closely with your real estale professionat and/or the seller to take care of these items prior closing.
The commitment exceptions
In addition to the requiements that must be satisfied prior to closing, there may be other documents recorded against a particular piece of
property that are considered "reasonable burdens. " These items might include restrictive covenants, easemen6, mineral reservations. or raxes.
or other items that remain as burdens on the property regardless of ownership.
Owner's title policy
once the requirements have been met and the closing takes place on the transaction, Iand Tiue will issue an owner's Title policy to the new
owner of the property. The standard residential policy issued in Colorado is the ALTA owner's policy, which provides arnple coverage to the
owner including all the hidden risks mentioned earlier. Depending upon where the property is located and whether certain conditions exast,
your Realtor may request an owner's Extended coverage (o.E.c.) Policy for you, which will provide the following additional benefits rn
addition to the standard residendal Owner,s policy;
* The policy amount will automatically increase by l0% on each of the first fle anniversaries of the policy date;* Mechanic's lien protection;
* Suryey proteDtion;
* 'Gap' coverage;
* Covenant and restriction protection;
* Plain language policy; snd
* IRS reporting compliance.
In some areas of tlte siate, Owner's Extended coverage is not available and therefore the slandard ALTA owner,s policy will be issued. upon
examination oflitle and provided ceriain conditions are met, endorsements may be aflsched to the standard owner,s policy that provi<le
additional coverages similar to the o.E.c. Policy. Your real eslate professional can help you determine which type of policy wilt provide
the be6t protections for your particular situation.
lender's title policy
In addition to the purchaser of the property, the lender to the transactio will also require title insurance. The buyer generally purchases
a "Mortgagee's Policy" of title insurance that insures the lender's interest in the property and loan priority. Most lenders require title
insurance for the loan they make to the putchaser and usually consider tlle associated costs to be fte borrowers.
Endorsements
Sometimes a lender will reguire additional coverages not included in the standard lender policy and wiu order ,,endors€ments,, that provide
additional coverage' The price for these endorsements is filed with the Division of Insurance and may be a flat fee or a percentage of the
basic title insurance premium, depending upon the risk involved in issuing the coverage. As with most costs with the loan, this is
usually considered a cost for the borrower' some of the more common endorsements you may see on your commitment include:
x Form 100 provides comprehensive coverage for the lender in:suring against violation of covenants, enuoachments of the main dwelliog, and
the priority of the loan being affected by association liens.
x Form 100'29 insures against damage to the existing improvemen* resulting from a prwious owner exercising their right to remove minerals
from the surface.
* Form I 15' 1 insures that association liens will not affect the priority of the loan and assures compliarce in desling with the first
right of refusat.
* Form 8' 1 insures tlat no environrnental liens have been filed with either the county clerk and Recordcr or with the u-s. District coult.
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Land Title Guarantee Company
CUSIOMEB OTSTBIBUTIOIII
Date 12-13-2001
Property Address:
CONDOMINIT'M UNIT 2A, VAIL TOWNHOUSES
OurOrderNumber: Vn4589
RICHARDK.PARKER VICKIANNPEARSON
68 SOUTIIGARFIELD ST. P.O. BOX 6236
DENVER,CO 80209 VAIL, CO 81658
Phone: 303-399{076 phonc: 9?0-390-0605
Farc 303-399-@76 Fax: 9?0-949-0159
Sent Via US Postal Service Sent Via US postal Service
I.AND TITLE GUARANIEE COMPANY
OO3O BBNCIIMARK RD #216, PO BOX 34&)
AVON, CO 81620
Attn: Kathryn Shinn
Phonc: 970-949-5099
Fax: 970-949-4892
Fom 0EIIVERY
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land Title Guarantee Gompany
YOUR COilTAGTS
Dats 12-13-2001 OurOrderNumber; y274589
Property Address:
CONDOMINIUM UNIT 2A. VAIL TOWNHOUSES
Buyer/Borrower:
VICKI ANN PEARSON
Seller/Owner:
RICHARD K. PARKER
If you have any inquiries or require further assistanca, please contact one of the numbers below:
For Closing Assistance:
Kathryn Stinn
OO3O BENCHMARK RD #216. PO BOX 3480
AVON, CO 81620
Phone: 970-949-5099
Fax: 970-94948{2
EMail: kshinn@ltgc.com
For Title Assistance:
Vail Title Dept.
Roger Avila
108 S. FRONTACE RD. W. #203
P.O. BOX 357
vArL, co 81657
Phone: 970476-2251
Fax: 9704764534
EMail: ravila@ltgc.mm
ilf$L[tt;tffil?Tj'id:H#i:".*f*losing? check out Land riuers web site at www.rtgc.com
ESTIMATE OI TITTE FEES
Alta Owners Policy 10-17-92
Deletion of Standard Excrptions 1-3 (Owner)
Ddetion of Standard Exccption 4 (Oumer)
Tax Report
€7,624 . 00
F30.00
€70 ,00
ils.00
TOTAL $7,679.00
Forar COIITAf THANK YOU FOR YOLIR OF;DER!
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Chicago Title Inzurance Company
ALTA COMMITMENT
Our Order No. Vn4589
Schedule A
Property Address:
CONDOMINITIM UNTT 2A. VAIL TOWNHOUSES
Cust. Ref.:
1. Effective Date: November 30, 2001 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insurcd:
"ALTA' Owner's Policy 10-17-9 $622,000.00
Proposed Insured:
VICKI ANN PEARSON
3. Ihe estate or interest in the lanrl described or refeneit to in this Commitment and covered herein is:
4 pss gimple
4. Title to the estate or intertst oovered herein is at the etfedive ilate hereof vested in:
RICHARD K. PARKBR
5. Ihe land referred to in this Commitment is described as follows:
CONDOMINIUM UN]T 24, VAIL TOWNHOUSES CONDOMINruM ACCORDING TO T}IE CONDOMIMUM
MAP TIIEREOF.AND PURSUANT TO THE CONDOMINIUM MAP THBREOF AND PI.JRSUANT TO THB
CONDOMINIUM DECLARATION RECORDED JANUARY 29,I964IN BOOK I75 AT PAGE 379,
FIRST ADDENDUM TO THE DBCLARATION RECORDED JANUARY 29, 1964 IN BOOK 175 AT PAGE
393, SECOND ADDENDUM TO DECI.ARATION RECORDED MARCH 11, 1965IN BOOK 187 AT PAGE
51, AND THIRD ADDENDUM TO DECLARATION RECORDED DECEMBER 11. 1965 IN BOOK 187 AT
PAGB 465, COUNTY OF EAGLE, STATE OF COLORADO.
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ALTA COMMITMBNT
ScheduleB-Sectionl
(Requirements) Our Order No. VZ,t4Sgg
The following are the requirerner$s to be complied with:
Item (a) Payment to or for the account of the gnmiors or mortgagors of the fulI consideration for the estate or
interest to be insured.
Item O) Proper instument(s) creating the estate or inJerest to be insured must be executed and duly filed for record,
to.wit:
Item (c) Payment ofall taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
1. AMENDED CONDOMIMUM MAP AND CONDOMINII]M DECLARATIONS TO BB RECORDED IN
EAGLE COUNTY,
2, RELEASE OF DEED OF TRUST DATED SEPTEMBER 1999 FROM RICHARD K. PARKER TO TI{E
PUBLIC TRUSTEB OF EAGLB COUNTY FOR TTIE USE OF NANCY S. PARKER TO SECURE
TIIE SIJM OF $5OO,OOO.OO RECORDED DECEMBER 20. 1999. UNDER RECEPTION NO.
718202.
3. EVIDENCE SATISFACTORY TO THE COMPANY THAT TI# TERMS, CONDMONS AND
PROVISIONS OF THB TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
4. CERTIFICATE OF RIGHT OF FIRST REFUSAL IN COMPLIANCE WTTH T}IE TERMS.
CONDITIONS AND PROVISIONS OF CONDOMIMI]M DECLARATION.
5. WARRANTT DBED FROM RICHARD K. PARKER TO VICKI ANN PEARSON CONVEYING SI]BJECT
PROPERTY.
NorB: DBLBTIONA,IODIFICATTON oF GENERAL EXcEprIoNs ARE FoR THE owNERs
POLICY.
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
IJPON TI{E APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIENAFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS
FOLLOWS:
ITEM NO. 4 OF TTIE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE
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ALTA COMMITMENT
ScheduleB-Sectionl
(Requirements)Our OrderNo. Vn4589
Continued:
LIENS RESULTING FROM WORK OR MATERIAL FURMSI{ED AT TI{E RBQUEST OF RICHARD
K. PARKER.
CHICAGO TMLE INSI]RANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERIAL FURMSHED AT THE REQUEST OF VICKI ANN
PEARSON.
NOTB: ITBM 5 OF THE GBNERAI EXCEPTIONS WILL BE DELETED IF LAND TITLE
RECORDS TIIE DOCUMENTS REQUIRED UNDER SCHEDIJLE B_1.
NorE: uPoN PRooF oF PAYMENT oF Atr rAxEs, rrEM 6 wrLL BE AMENDED To READ:
TA)(BS AND ASSESSMENTS FORTIIE YEAR2001 AND STJBSEQUENT YEARS.
ITEM 7 UNDBR SCITEDUIJ B-2 WILL BE DELBTED IJPON PROOF THAT TIIE WATER AND
SEWER CHARGES ARE PAID UP TO DATE.
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ALTA COMMITMENT
ScheduleB-Section2
@xceptions) orn order No. v274sg9
The policy or policic to be issued will contain exceptioru to the following unless the same are ilisposetl
of to the satisfaction of the Company:
I . Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary tines, shortage in arca, encroachments, atr(l any facts which a correcf survey and
inspection of the premises would disclose and which are not showr1 by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumishett, impose4 by law and
not shown by the public records.
5. Defects, liels, enctrnbrances, adverse claims or other matters, if any, created, first appearing io the public records or
attaching subsequent to the effective dat€ hereof but prior to the date the proposeO insureO icquires of record for
value the estate or interest or mortgage thereon covered by this Commiment.
6. Taxes or special assesments whifr are not shown as existing tiens by the public records.
7 , Liens for unpaid water and sewer charges, if any.
8. ln atldition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Sc"hetlule B hereof.
9. RIGIIT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THERBFROM SHOULD TT{E SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNTIED STATES PATENT RECORDED J{JLY 12,ISgg,IN BOOK 48 AT
PAGE 475.
10. RIGHT OF VTAY FOR DITCHES OR CANALS CONSTRUCTED BY TITE AI.]THORITY OF TIIE
UMTED STATES AS RBSERVED IN UNITED STATES PATENT RBCORDED JuLY 12, 1899,
IN BOOK 48 AT PAGB 475.
II. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITIJRE OR REVERTER CLAUSE.
BUT OMITTING ANY COVENANT OR RESTPJCTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN IJNLESS AND ONLY TO THE
EXTENT TIIAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF
TIIE UNTTED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT
DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED
AUGUST IO, 1962, IN BOOK T7 4 AT P AGB 179.
12. UTILITY EASEMENT TEN FEBT IN WIDTH ALONG THB NORTHERLY LOT LINE OF ST]BJECT
PROPERTY AS SHOWN ON TI{B RECORDED PLAT OF A RESUBDTVISION OF BLOCK 5 AND A
PART OF C,oRE CREEK DRIVE, VAIL VILLACE FIRST FILING.
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ALTA COMMITMBNT
Sche<fuleB-Section2
@xceptions)Our Order No. Yn4589
The policy or policies to be tssueil will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
13. TERMS, CONDMONS AND PROVISIONS CONTAINED IN CONDOMINruM DECLARATION
RECORDED IANUARY 29, 1964 IN BOOK 175 AT PAGE 379, FIRST ADDENDUM TO
DBCLARATION RECORDED JANUARY 29, 1964 IN BOOK I75 AT PAGE 393, SECOND
ADDENDUM TO DBCLARATION RECORDED MARCH 11, 1965 IN BOOK 187 AT PAGE 5I,
AND THIRD ADDENDUM TO DECLARATION RECORDED DECBMBER 11. 1965IN BOOK 187
AT PACE 465 AND AMENDMBNT RECORDED _, AT RECEPTTON NO.
14.EASBMENTS, CONDMONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTBS ONTIIE RECORDED PLAT OF VAIL TOWNHOUSES AND ADDENDUM RECORDED DECBMBER 4,
I98O IN BOOK 314 AT PAGE 2% AND AMENDMENT RECORDED . AT RBCEPTION
NO,
15. E)ilSTING LEASES AND TENANCIES.
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LAND TITLE GUARANTEE COMPANY
DISCLOST]RE STATEMENTS
Note: Pursuant to CRS l0-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September l,lgn, CRS 30-10406 requires that all documents received for recording or filing
in the clerk And recordet's office shall contain a top margin ofat least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not codorm, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that 'Every
ti{e entity shall be responsible for all mafters which appear of record prior to the time oi recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the hansaction which was closed', Provided tbat I +nd Title Guarantee
Company conducts the closing of the insuretl Fansaction and is responsible for recording the
legal documents ftom the transaction, exception number 5 will not appear on the Owner's Title
Policy and the l-enilers Policy when issued.
Note: Af6rmative mechanic's lien protection for the Ovner may be available (typically by deletion
of Exception no. 4 of Sctredule B, Section 2 of the Commiment ftom the Owneis Policy to be
issued) upon compliance with the following conditiols:
A) The lnnd dsscribed in Schetlule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for pu4loses of
consffuction on tle land described in Schedule { sf this CommitmenJ within the past 6 months.
C) The Company must receive an appropriate affidavit indemnitring the Company against un-file4
mechanic's and material-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commimer, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain consruttiotr information; fiuncial information
as Eo the seller, the builder and or the cotrtrac0or; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, anrt, any additional requiremen6
as may be necessary after an examination of the aforesaid hformation by the company.
No coverage will be given under any circumstances for liabor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuaol 0o CRS l0-l l-123, notice is hereby given:
A) Tbat there is remrded evidence that a rnineral estate has been swered, leased, or otherwise
corrreyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, olher minerals, or geothermal energy in the property; anrl
B) That such nineral estate may include the right to enter and use the property without the
surface owner's permission.
This notice applies to owner's policy commitments containing a mineral severance imtrument
exception, or exceptions, in Sc.heilule B, Section 2.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
tefered to herein unless the above conditions are firlly satisfied.
Form D I SCLoSURE
JOINT NOTICE OF PRIVACY POLICY
Fiddity National Financial Group of Companies/Chicago Title lruurance Company and
I*nd Title Guarantee Company
JuIy l,2001
We recognize. and re-qpeq-the p4vacy expectadons of roday's consumers and the requirements of applicable federal and
.stajc pnyacy laws.- we belreve ma! making you aware of how we use your non_public Dersonal infoimation ('personalr ormatron"), and to whom it is disclosed, will form the basis for a relationship of tnist between us and the'nublic
$|I-Y-e-:9ry.9. t4rs Hnvacy Statement provides l+at-e-xplalatio4. We reserve th6 right to change this Privacy'sultemeft from ffne tro fime consistent with applicable privacy laws.
In the course of our business, we may collect Personal lnformation about you fmm the following sourcies:
lrom applicatioos o.r other forms we receive ftom you or your authorized rcnresentative.From ybur transactions with, or ftom the services 6eing p6rformed by, us, oir afnilitei] or others;From our intemet web sites:'
Ig-.-F"^f*1i" recol{*maintaine{ by governmental eruities that we either obtain directly from thoseemues, or rom our atflluttes or othe$i andtrom consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiatity and Security of Your Personal Information
We maintain physical, elecronic and proce_dural safeguards to protect your Personal Information from unaurhorizedqgqss 91intry$-on. We.limit access trj rhe personal lfifomatbib;;t; 16 th&-ffi;6v6; who need su"n "...ri io--connectron lvrth providing products or services to you or for other l'egitimate busine(s purposes.
our Policies and Practices Regarding the sharing of yow personal Information
Yg.*ql.*glf^"^y_l,t-ttonal !$onry$o4 with our.affiliates, zuch as insurance co.mpanies, ageots, and other realesurte seruenrc sefvrce prouders. we also may disclose your personal Infomratioi:
to agents, brokers or representatives to provide you with services vou have recuested:to tnrrd-parfi co ractors or service providers who provide servicds or perforni markiting or otherfunctioG ori our behalf: antl
!o others- wi-th whom w6 enter into joint marketing agreements for products or services that we believe youmay find of interest.
In addition, we will disclose your Personal Information when you-direct or give us permission, when we are recuiredpv-law tg do so, or whenwe Suspect frauduletrt or;rini"alEdviiiil-vi;itiiinfr [isclo* t;'dF;;;;l"i-- '-*''
rluormauon wnen otnerwrse pemilted by applicable privacy laws zuch as, for exainple, wheir disclosure is neededto enforce our rights arising out or any agf,eernetrr, t'"siniion or;6dfiih6;ifrT'o".
One of the important resoonsibilities of sone of our afEliated.companies is to record docrments in the publicdonain- Such documenti may contain your-erional Informauon.
Right to Access Your Personal lnformation and Abtltty to Correct Errors Or Request Changes Or Deletion
Certail states 4$ord you the right to.acc4ss yo1;r lersona! -Information and, under certain circumstances, to find outto whop your Persorial Infom-ation hatbeeiGitG6al?lso.-iEilii-srd; ffi;a;' th;;hfi" d;-i -- "-
conectron, amendment or deletion of yo"! Personal Information. we reierve the ri6ti nffi1fuliinir.td ty Ia*, tocharge a reasonable fee ro mver the crists incunid in reffi&ns tJ iini.iifio"""
All requests submitted to the Fideliry National Finencial Group of Companies/Chicago Title Insurance Companyshall b-e in writing, and delivered to't}iTot-towin! aOOiEss:
Privacy Compliance Officer
fifd'8"1t"[9.# Fi nanciar' Inc'
Saora Baftara. CA 93110
Multiple Products or Services
If we provide vou with more thpn^ong^financial product or service, you may receive more rhan 61s privacy noticefrom us. We ailologize for any inconvenience thi" may cause you.
Form PR I V.POL. CH I
*
+
*
*
'1.
t
List of addresses of adjacent neighbors/Vail Townhouse 2C &zLRemodel
Submitted by Pan Eagle L.L.C.
Vail Townhouse Association
Att Ms. Debbie Welles
4950 Sanford Circle West
Englewood, Co.80110
Vail Townhouse Association
Att Jerry Orten
11901 W. 48fr Ave.
Wheatridge, Co, 8033-2 166
SliferManagement [nc.
Att: John Birkeland
143 East Meadow Drive #360
Vail, Co. 81657
David Gorsuch
263 Gore Creek Drive
Vail, Co. 81557
Mountainhaus Condominiums
Att: Steve Hawkins
Z9?EastMeadow Drive
Vail, Co. 81657
Millcreek Court
Att: John Birkeland
302 Gore Creek Drive
Vail, Co. 81657
i ;r. t. ,i
Q,. ,r=* MAYAFFECT"or* r*ot"
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
TownofVail onMarch11,2002,at2:00P.M.intheTownofVail Municipal Building. In
consideration of:
A request for a Conditional Use Permit to allow for an Early Learning Center and a request for
development plan review to construct Employee Housing within the Housing Zone District and
setting forth details in regards thereto, located at the site known as "Mountain Bell'/an unplatted
piece of property, located at '160 N. Frontage Rd./to be platted as Lot 1, Middle Creek
subdivision.
Applicant: Vail Local Housing Authority, represented by Odell ArchitectsPlanner: Allison Ochs
A request for a final review of a text amendment to Title 12, Chapter 3, Administration and
Enforcement, of the Vail Town Code, to establish criteria for consideration for texl
amendments to the Vail Town Code, Title 12, and setting forth details in regard thereto.
Applicant: Town of VailPlanner: George Ruther
A request for a Major Amendment to Special Development District #35, Austria Haus, to amend
an existing condition of approval prohibiting the operation of restaurants within the special
development district, and setting forth details in regard thereto, located al242E. Meadow
Drive/Part of Tract B, Block 58, Vail Village 1't Filing.
Applicant: Johannes FaesslerPlanner: George Ruther
A request for a worksession lo discuss planning issues and studies that should be
recommended to the Town Council for action.
Planner: Russ Forrest
A request for a variance from sections 12-6c-6 (setbacks) & 12-6c-9 (site coverage), Vail
Town Code, to allow for the construction of a Type I Employee Housing Unit, located at 4166
Columbine DriveiLot 18, Bighorn Subdivision.
Applicant: Timothy ParksPlanner: George Ruther
A request for a variance from Section 12-6H-6 (Setbacks), Vail Town Code, to allow for the
remodel of Vail Townhouses, Units 2A & 2C.located at 303 Gore Creek Drive. Lot 2. Block 5.lail Villaoe 1't Filino.
--GTxr,.flpplicant: Vickie Pearson, represented by Pam HopkinsP'lanner: George Ruther 1 n,rL-!,tt:i./", .l''.4
TOWOFVAIL
A request for a minor suUOirrtn of Lot 2, Block 1, Vail Lionshe"A S"tO Filing (Evergreen r\ '
Lodge) and Lot F, Vail Village Second Filing (Medical Center); a request to rezone a portion of
Lot 2, Block 1, Vail Lionshead Second Filing (Evergreen Lodge) from Special Development
District No. 14 to Lionshead Mixed Use 1; a request to rezone a portion of Lot 2, Block 1, Vail
Lionshead Second Filing (Evergreen Lodge) from Special Development District No. 14 to
General Use; a request to rezone a portion of Lot F, Vail Village Second Filing (Medical Center)
from General Use to Lionshead Mixed Use 1; and a request to amend the study area defined in
the Lionshead Redevelopment Master Plan and setting forth details in regards thereto, located
at 250 S. Frontage Rd. West I totZ, Block 1 , Vail Lionshead 2"o Filing and 181 South Frontage
Road West / Lots E and F, Vail Village Second Filing.
Applicant. Evergreen Hotel and the Vail Valley Medical CenterPlanner: Allison Ochs
A request for a rezoning from High Density Multiple Family (HDMF) to Lionshead Mixed Use -1
(LMU-1), to allow for the redevelopment of the Lodge at Lionshead, located at 380 E.
Lionshead Circle/Lot 7, Block 1, Vail Lionshead 1't Filing.
Applicant: Lodge at Lionshead, represented by Jeff Bailey.Planner: George Ruther
A request for an amendment to the Boothfalls Homeowners Association Rockfall Hazard Map,
that would approve rockfall mitigation, located at Boothfalls Townhomes, 3094 Boothfalls
Road/Lot 12, Block 2, Vail Village 12'n Filing.
Applicant: BoothfallsHomeownersAssociationPlanner: Russ Forrest
A request for a Conditional Use Permit to allow for an ATM machine, located at The Club, 304
Bridge StreeVLot H, Block 5A, Vail Village 1"t Filing.
Applicant: The ClubPlanner: Bill Gibson
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office, located at the Town of Vail Community
Development Department, 75 South Frontage Road. The public is invited to attend proiect orientation
and the site visits that precede the public hearing in the Town of Vail Community Development
Department. Please call 479-2138 for information.
Sign language interpretation available upon request with 24-hour notification. Please call 479'
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published February 22,2002 in the Vail Daily.
Sent By: SMU DENVER;
156t! LlNcoLNsfREcT
lluITE 2a50
DENIER, Cou)nADo 80264
TEI^EPHONE 10&186 t-r2o0
FAx soSi/030d1t5
surll ryrtuh@rbrna.orgWltrib rtrtsm lorlrk-coEr
July 18,20fi)
Mr. George Ruther
Chief of Planning
Dept. of Community Dwelopment
Town of Vail
75 South Frontage Road
Vail, CO 81657
Fax:9701479-2452
303 830 01 15;Jul-- 18-00 3:1oPM:
STTrtz, MITLER & URTZ, LLC
ArronNEyE Ar LAtu
Page 1/1
P. O. nOX 6500
vAlt, cou)nADo sr6[E
rO5 EDWARDS VII.IAGE BLVD.
sr[TE C,tlo
EDWANDS, COLORAIX) 11692
TEI.EPHONE Y,Op.'i6.756O
FAx e7q92ct564
4
Re: lJflt 2-c, Vail Tor+r.nhouses condominlums (vail Rowhouse unit z-c)
Vic*i P_epf.son: Design Review Board
Dear George:
I just spoke with Vick Pearson and was advised that ilris matter will be tabled at the
Design Review Board hearing tomorrow at 3:00 p.m. Vicki inforrnect me that Mark pearson
had contacH y.our office and requested that the matter be put over until August 2,200a.I assume that this would have be done anyway since there has been no approval from the
Vail Totvnhouses Condominium Association as of today and no such appmval will be
forthcoming for at least-several more days. Discussionsare conunuing'among the parties
and we will keep you anformd.
If I am incorrect about thls matter being tabled and it is going to proced tomorr)w, ptease
let me know as soon as possible so that we can have a representauve at the D.R.B.
hearing.
RGS/s; cc: l'ls. Deborah wells, Fax: 303/756-74s\ Mr. Jim Todd, Fax: 303/794-r61s
NO.BsA P.INANAGEMENT CO, 97A 479 96?4VHILtJUL.ZL.1tM8 e:31PM
. Architects, P.C.
s70 4IU?aO1
FAX47S7491
Snowdon and Hopkins
201 Gore Creek Drive
Vail, Colorado 81657
FACSmil.C
DATE:
TO
FHOM:
7/
NUMBER oF PAGES, lNCLUDltlc THts TRANSMTTTA LSHEE: bum&*, ao*vvtuq***lt
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JUL,21..?OAA e:32PM VAIL MqNAGEI"IENT CO.978 479 %24
4,*,.
N0.452 P.?
Date ,: 6113 / oo
Per reguest of vicki pearson,
Area calcurations for etisting buirdinE at grade at varr rownhouse ;condominiums. Vair vittage li.1i"r,irr"g.
squere feet structure: 7000
Equare feet parcel-t L6ZZ0.
Thie repres€nts 43.1S of parcel coveraEe.
overhans squate footase t 72'0 t:t'bq:'muin Percentase)
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EaglFvait; CO slG€O
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Pr.rsE; 30*9r$l-1406FAtc 30&glS+0OC
05/31/2000 10:12 FAX S0$4243484 R, Gresory/Julle Stutt
STT,'TZ, IUITLER & URTZ, LLC
ATTOKIIEYSAT I.AIX
1660 I.|NCOIN STREET
SI.JTTE CE|'O
DENi'EN, COIITRADO M254
?EI"EP|{ONE 309/l5l-lloo
FAX g0S/Ago.OrrE
e-oril rgutu@abuet.og
Wcbsite strttoltlsrut.cm
May 3l, 20fi)
Mr. George Rutlrer
Chief of Flanning
Dept. of Communitf Dwelopment
Town of Vail
75 South Frontage Road
Vail, CO qI657
Fzx:9701f19-2452
@ oor
P. o Edx6500
vAlL coKnADoEr6SE
IO5 EDWARDS VTTJ.AGE BLVD.
fl,t]lEc-110
EDWARDS, COLORADo 816.!12
TEI^EPflOlrIE vwtntt-7sfi
FlJ( tt7w2Lr3&
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Dear George:
This letter follows up our conversation of last week regarding the pending application of
Vicki Pearson before the Town of Vail Design Rerriew Board in connection with the above
property. We have been retained as legal counsel for the Vail Townhouses Condominium
Association (Association), which owns all of the common elements surrounding the unit in
lquestion and adiacent units-
l1
We understand that drere may have been some confusion about the respective property
and legal rights of Ms. Pearson and the Association regardingthe proposed reconstruction
or redevelopment of Unit 2-C, This lEner will set forth tlre Associauon's poskion in this
regard. I would preface my further remar"ks by sayng that there have been a number of
telephone colwersations and meetings among Ms- Pearson, representativeS of the
Association, individual upit onners and the undersigned in an effort to reach an agreement
regarding the proposed iedwelopment. Those meetings have been amicable for the most
part and we hgpe that an agreement will be reached. However, as of the date of tJris lecer,
no such agreeFnent has been reached.
The recorded Condominium Declaration for Veil Townhouses Condominium has a number
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05/3112000 10:12 FAX. 30C {2 R, Greaory/JuLle Stutz @ ooz
of provisions that address what has been proposed. Those provisions are as follows:
l. Section lA defines a unh as being dre individual air space contained wrthin
perimeter walls, floons and ceilings of a uniL
2. Section lD defines general common elements as beirrg all other parts of the
propefy necessarr or convenient to its existence, maintenance and safety, or
normally in common use.
3. Section 4 provides ttrat foundations, columns, girders, beams, supporBl, main
walls and rooft located on the property are not limited common elements
reserued for the exclusive use of individual owners.
4, Section 20 provides that the Declaration (which incorporates a Condominium
Map) may be amended only by the written, recorded consent of owners
representing 75% of the aggregate ownership inrcrests (which are specifically
set fortlr in Section 3B).
The proposed reconstruction of Unit 2-C would involve construction and other activities
on general cpmmon elements which are owned by the Association and not by the owners
of Unit 2-C. The Association has not given its consent to anything being done in or around
these common elements.
The proposed reconstruction would also require amendments to the Declaradon and
I Condominium Map. No such amendments have been approved by the Associatjon.
It is the Absociation's legal position drat the proposed reconstruction of Unh 2-C cannot
proceed unless there is strict compliance with the provisions of the Declaration. The
Associarion objects to the pending application before dre Design Rwiew Board and urges
ttrat the application not be approved until such time as all required approvals from the
Association have been obtained.
Please call if there are eny questions or if you need further information-
43{84t
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I
RGS/s
Sent By: SMU DENVERI
1660 uHCOtNsmEEr
suttE tE5,0
DErWEn, cou)n IX) 8t 2f{
TET.EPHONE t0c/861-1800
FAX S0tt/&}0.01r5
c-Drl||!frE@rbu.to!e
Wcbdr. drbrtttcut.coo
303 830 01 15;J Un.
, MILLER & URTZ, LLC
ATIORITEY8 AT I.AW
3: I 4PM;Page 1/l
P. O. EOX65{X'
VAIL, COL()NADO E1658
IO5 EDWANDo VIIJ.AGE ELVD.
sl"trTEc"rro
EDWAnDS, CoI0RADO srffi2
TELEPHOITTE !nv926-756o
FAX 97qt26.755.t
o
STUTZ
20-00
o
I
I
June 2Q 2000
Mr. George Ruthen
Chief of planning
Dep,r of Communrt/ Dwelopment
Town of Veil
75 Soudr Frontqge Road I r
Vail, CO E1657 | '
Fzx:97U479-2152.
I
Re: +r1'SJerLIs++Viqki Pearson; D'esi$ RwiFr Board
Dear Gforge:
I
| 1t"." hF"" a&ired by vicki Pearson rnd Mnrk Pearson that you have been asked to tekr rh€ above maceroff the alenda for the o{rn fwjew.Board hearing tomorrow. I was advhed by yourDeparrment odaytha-t dreNnaner lr presentflscheduled for a site visit and final "pp-".t. I would apprcciete your rdvisingme as sgon as pgssible if tlre rrutter lus been aken offthe .g"no" o. if it is going to proceed. The VailTownhosses condominiurn Association (Association) wouH-wanr to have a-represenadve er rhe hearing(something tlrat ig verl imPorant to us) rnd does not want the ma$er to proceed at dris time.
You prevlcusly adrised me that dte matter would not proceed tq a final hearing until such time as theapprovzl of t}le Ascocietion had been obnined. Whilswe continue to wort wittr the unit owneni. noapprovel has yet been givenend no agreements have been reached. I moaet ofdre projectraas onlycompfeted this week and is being shipped to Denver for review by r"rl'='or ane Association. I ammeeting with Mrrk Pearson (t rePre$cnEtive of the unh orrvner) tromofrew in connection widr dris mafterrnd cannot be in wp phces at once. Please call as soon as rou crn and hrve me interrupted if necesmry. Ican be rerched tor*ht ar 303/.,+2+40 | 3.
'1:.i'
,{p
Sent By: SMU DENVER;
rtrO UNCOII{STNEET
sum2E50
DE$WEn, CoLoRADO 80t64
IEt EFHONE t0lUti6l-12,o0
FAXroiltSooltE
o-udl rgrfir|r@barrtorg
Wrtrib strEmlllEuE-cou
I
303 830 01 |5;Jun-21 -00 4r51 PM;
, MILLER & URTZ, ILC
AT?ONNEYSAT I.AW
Page 1/1
P. O. aox6500
VAII" COTSnADO 81653los EDWilnD$ VI|IAGE Et VD.surE c-zro
EDWAnDS, coronADo E!6SE
TEtEPlfOtfE gr0t?/zc'?66O
FAX 9708te755{
o
STTJTZrllttltl
,
;
Mr. George Rutfter
Chief of Planning
Depc of Communitl
Town of Vail
Dwelopment
75 Souti Frontage Road
Vail, CO 81657
Fax9701479-2452
I
o*T":
Thank you folcalling me )re$erday evening about this rilacter- I understand that tlre matter rms to
have been abled at toda/s rneeting of the Design Rwiew Board and thet lr will be on the agenda
for final approval ag the meeting on July S, 2000.
I met with Mark Pearson tiis aftemoon, He is meeting with various unit owners in Denver.
RGS/s;cc: Ms.
fuorarr
wells, Fax 303/756-7{59, Mr.Jim Todd, Fax 303r/9,t-t6ts
t
l- ^tt ,-\.
"Lr:;,
D epartment of Community D evelopment
75 South Frontage Road
Vail, Colorado 81657
970-479-2 I 3 8
MX 970-479-2452
May 19,2000
Ms. Vicki Pearson
P.O.6236
Vail, Colorado
Re: Proposed Remoder at 303 Gore creek Drive/Lot 2, Block 5, vair vi age First
Dear Vicki,
Thank you for appearing before the Tovm of Vail Design Review Board on Wednesday, M ay 17, to discuss theproposed remodel at 303 Gore Creek Drive.
The purpose of this letter is to provide you with a summary of the comments provided by the members of theDesign Review Board. Please be prepared to respond to the member's commints at the lune 7, 2000 meeting.The Board's cornments were as follows:
. The property is in definite need of improvemenl, upgading and maintenance.
' The encloswe undemeath the deck is awkward and needs further <Iesign attention.o The elevation drawings need to be completed and verified fbr accuracy.
' The turet feature needs further design resemch to avoid the upp.**a. of a round peg in a square hole.o The stairwell windows in the east stair tower need to be centered on the wall.r A window and door trim detail needs to be provided for review and approval.o The height ofthe enfry bridge should be increased to provide adequate clearance.r Additional attention shall be given to the mix of exterior building materials.o A front elevation is required.r Wood trim rather than a raised stucco band should be Droposed.
' Some other fearure than a pointed spire should be considered for the rop of the turret feature.r Both depth and dimension needs to be added to the wood belly band.r Bracing should be added to the underside of the exterior decks.
' The dormers on the north side ofthe residence should be shed dormers rather than gable dormers.
You are currently scheduled for a final review with the Design Review Board on Wednesday, June 7. In orderto remain on llat m€eting agenda you will need to provide rne with two sets offinal proposed plans by no laterthan noon, Friday, June 2.
Should you have any questions with regard to the information addressed in this letter, please do not hesitate tocall. You can reach me by teleph one at 479-2145.
Sincerely,
At ta*R**lr-,t
George Ruther, AICP
ChiefofPlanning
Town of Vail
l
$EECYCI.ED PAPER
J rur. JCJ. aug'a J'.rqfl'l NU.>11 P.!/I
4l rlnu
**ffi
; lct
Application for Design Review
oeDaftrnent of Communlry Development
75 Souti Frontage Road, Vail, Colorado 81657
tel: 970,479.2139 fax: 9?0,479'7452
web: www,ci'vail.co.us
General Informstlon:
All projects requklng design tevlew must recelve appmval frrlor to submiting a bulldlng permlt applicatlon. Please
reter t6 tne submt$t reqihements for the partlorlii approval that ls requested. An applicadon for Design Revlew
cannot be accepted untii a requled infoflnadon ls riielved by the communiry Dev€lopment Department. The
projeet may abb need to lre revleweO by the Town Council andlor the Plannlng and Ewlnoomenul Commlsslon.
Deilgn rovlew approrrl laFsar qnlo$e I hulldlng pormlt ls lasued gnd cctrEtructlon commenos3 wlthln
one yerr of thc rppovrl,
Reque6t:
Locatlonof th€Propo$alt tott L gtoc*, 6..subdlvlston:
Plryslcal Addres6i
Psrcel No,i
IUFf
(Contect Eagle Co, Assessor at 970-328'8540 for patcel no')
Zonlng:
Name(r) of Owner(e):
Malllng Addresr;
Owner(s) Slgnature(e)r
Nane of Appllcant:
MalllnE Address:
e/+
Type of Review and Fee:
tr Signsp Conceptual Revteuv
D New ConstructlonD Addltion
tr Mhor Alt€ratlon
(mulH-famlly/ommerclal)
O Minor Alteration
(shgle-famlly/duptex)
tr Changes to Approvcd Plans
E Separatlon Request
$50 eM $1.00 per square toot of total slgn areo,
No f{c
$550 FoI consttuctlon ofa new bulldinq or demo/rEbuild.
$300 For an addltion where square footage is added to any resldenbal or
omm€rclal bul{ding (lncludes 250 additions & Interlor cDnverslons),
$250 For minor cianges lo bulldlngs and slte lmPmvements, sucb a5''
teroofing, pahting, wlndow additlons, landsceplng, fences and
retalnlng walls/ etc,
$20 For minor changes b bulidlngs 6nd slte lmprovements' sudl at
remoflng. palnungi window addltlons, landscaping' fences and
retalnlng walls, ett.$20 For l€vision! to plans already appoved by Plannlng Staff or the
oeslgn Revhw Board.
No Ftr
Offla Uee only:
Paldt
--
Check No.l.-.-.--,--.- Byi
DRB NO.:
Planner:
Date:
Project No.:
Buildino Materials
PROPOSED MATERIALS
Type of Material Color
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
w00D
4rUb
uiltr6
atfffF -
lt httd6 -fr l./,+rew
Notes:
Please specify the manufacturer's name, the color name and number and attach a color chip,
Page 6 of L2/0tlt0l02
Qucstiof cair trrc pr;,i,nin g r,^(f {g' r.3' Z
CENERAL INFORMATION
This. appiicetion- i's for any projcct rcquiring Desigrr Rcvicrv approval. Any projcct rcquiring dcsign revie.rv mustrcccivc Design Rwicw approval prior to suomltting ror a buriding pcrmit. ior specinc information, see the subrnjttalrcquircmctts for thc particular approval that is rcqriested- Thc appiicarion cor,r,ot be acceptcd until all the requircdinlbrntation is subrnittcd. Thc projcct may also nccd to bc rcvicrvcd. by thc Town Council and/or thc planning and.Environntcntal Contnlission. Design Rcvierv Board approval expircs onc ycar. after final approval unless abuilding permit is issued and constructiol is startcd.'
A. DESCRIeTToNoFTHEREeuEST: ?{clVtoOlf{_ qF Alt ef$\aq ?--?
TYPR f fowDa, l,o
6.
C.
D.
E.
APPLICATION FOR DESIGN REVIEW APPROVAL
LoCATtoN OF pROpOSAt 1 y671 7-- eLOCrc, F FILr.JCJ.
PHYSICAL ADDRESS:o?a ORtvL -*zn
Eaglc Co. Asscssors Officc at 970-328-8640 for parcel #)HF
NAME oF owNER(sl, Y t CF t ? fz ta; o N
MAILINC ADDRESS:
PHONEi ?Ql - 0{6,9
OWNER(S) SIGNATURE(S):
NAME OFAPPLICANT:L
MAILING ADDRESS:
T}vtN 0F vAL
PARCEL #:
ZONINC:
F.
c.
ryPE OF REVIEWAND FEE:E Ncw Consrucfion - $200
R Addition - $s0
tr l\{inor.Alteration - $20
Construction of a new buikiing-
Includcs any addition where square footagc is addcd to any rcsidential or
couuncrciai building.
Inciudcs minor changcs to buildings and site irnprovcments. such as,
rcroofing. painting, wi'dow additions. landscaping. fenccs and rcbininr,wa's'etc' g)4* 4,+1 .Sr14+
DRB fces are to be paid at the rimc of subrnithl. Latcr. *i,c,,\npplying for a buikling pennit. pleasc idenfiffthc accuratc vaiuation ofthc project. The Town of vail rvill adjust the t-ce according to the projcct va.luation.
PI-EASE SUBMIT THIS ,{PPLIC.,I.TTON...\LL SLB}III']"\L REQUIREMEN.I'S AND THE FEE11; THE]]EP \I{T;\IEN-| OI.- CO}T}TUNITY D['''ELOP}IEN r.;i iOriU IiIONT.{GE ROAD.
!'.\r L. coLoR{DO lrl 657.
PHoNE: ?Z{- ?72?
o
MMER
tr
o
tr
tr
tr
B
ADDITIONS - RESIDENTTIAL OR CO CIAL
GENERAL INFORMATION
Applicants requesting the review of additions which require the utilization of an Additionai cross Residential
Floor Area (GRFA) (250 ) request must also submit a Planning and Environmentai Commission (pEC)
application If the addition requires an Additionai GRFA request, the applicant musr recerve pEC approvalpnor to Design Review Board approval.
I. SUBMITTALREOUREMENTS
'One complete set of existing floorplans or "as-built" drawings with all specifications shown.
A prelimirnry title rcporq including schedules A and B, to verifr ownership and easemens.
Condominium Association approval, (if applicable).
Photos of the existing srucrure.
Specificatiors of all materials and colors of the addition.l
Tqpographic suvev, starnped by a licensed surveyor, at a scale of 1" = 20' or larger, on which thefollowing informarion is provided:
A Ties to existing benchmarlq either USGS landmart or sewer invert. This information must
be clearly stated on the survey so that all measurcments are based on the same
commenc ement point.
A Lot area and ifappticable, buildable area.
O Legal description andphysical address.
A Scale with u *nf,r, bar scale and north arrow.
tr Pmperty boundaries to thc 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 relationship to the cstablished comer.
A Topographic conditions at hvo foot contour intervals unless the parccl consists of6 acres ormore, in rvhich case, 5' contour intervals may bc accepted.
f Existing trees or gmups crf tlces having trunks rvith tliameters of -1" or Inr)re, as measured
Aom a point one foot above grade.
tr Rock outcroppings ancl other significant natural features (large bouiders, rnternittent
stealns, etc.).
TOl,iiN OFVAIL
oo
A Ail existing improvements (including foundation walls, rcof overhangs, building overhangs,
A Hazard areas (avalanche, rockfall, etc.), centerline and edge of stream or creek' required
creek or srream serback, 100-year floodplain and slopes of 40% or more, if applicable.
D Size and tpe of drainage culver6, swales, etc.
O Exact location of existing utility sources and seryice lines fiom their source to the structrre.
Utiiities to include:
Cable TV Sewer Gas
Telephone Water Elecurc
tr Show all utility meter locations, including any pedestals on site or in the righrof-way
adjacent to the site.
tf Indicate all easements identified on the subdivision plat and recorded agairut the prcperty as
indicated in the ti0e report. List any easement restrictions'
U Spot elevations at the edge ofasphalq aiong the street frontage ofthe property at twenty-five
foot intervals (25'), and a minimum of one spot elevations on either side of the lot.
Three (3) copies of the followhe:
tr $ite plan, ata scale of 1"=20'or larger, showing the following information:
tr Existing and proposed layout ofbuiidings and other structures'
A Location oflandscaPed areas.
n Ail new retaining walls with spot elevations for top and bottom of wall.
tl Location ofall required parking.
A Indicate roof ridge elevations with existing and proposed grades shown underneath.
D Floor plans, at a scale of 1/8" = 1' or larger (114" = I'is prefene$, ciearly indicating the proposed
addition.
n Buildine Elevations, at a scale of 1/8"=1' or larger (114"=l'is prefened)'
ft Ifexisting structure is proposed to be modified, show elevations of existing stfucfirre'
O Building elevations must bc shorvn, clear\ indicating the nerv addiuon. tf building faces'
existing or proposecl are at angies not represented rvell r-rn the normal building elevauons'
shorv these taces ix rvell. Shorv al1 rooftop mcchanical s-vstenis' if applicabtc.
tr If the intent of the proposal is not clearly indicted, the Administrator rnay determine that additional
materials are necessary for the revierv of the application.
tttt.
I II.
v.
A prc'application confcrcncc rvith Torvn of vail staff i.s rcquircd. No application can bc acccptcd unlcss ttrcrllatrdatory prc-application
itl_ccling has bccn conrplctcd. lt is thc applic'ant'.s responsibiliry to,schcdulc thi.slnccting by caf ling 970-479-2t29.
Thc Dcsign Rcvicrv Board mccts on thc lst and 3rd Wcdncsdays of each month. A conrplctc applicationfornr and all-acconrpanyins. yltlrial nrust bc acccpted by thc Conrnrunity Developrnent Departnrent anrinimunr of thrcc and a harf (3 l/2) wecks prior to thc date of thc DRB lubric hcaring.
REVIEW CRITERIA
Your proposal will be rcvicwcd for conrpliancc rvith thc Dcsign Cuidclines as sct forth in section 1g,54 of theMuuicipal Codc.
Ifa propcrty is locatcd in a mappcd hazard arca (i.c, snow avalanchc, rockfall. floodplain. dcbrisflow, rvctland, ctc). a hazard shrdy must bc.subniincd aud thc owncr nrust sigr an affidavitrccognizing thc hazlrd icport prior to thc issuancc ofa building pcrnrit. Apilicunts ur. .n.orrug"dto chctk rvith thc planning staffprior to subnrittal of a DRB appiication to ictcrminc thc.rclatiogshipof thc propcrry to all ru.appcd hazards.
Basic Plan Shcct Fornrat. Forall survcys, sitc pl:rns, landscapc plans and othc. sitc improvcmcntsplans, all of'thc follorving lltust bc sholvn.
l ' Plan shcct sizc r)rust bc 24"x 36". For targc projccts, rargcr plan size may bc a[owcd^2' scalc. Thc mininrunr scare is r "=20'. Ariplans nust bc at thc sanlc scalc.3. Craphic bar scalc.4. North arrorv.
: Titlc block. projcct namc, projcct addrcss and lcgal dcscription.
I Indication of plan prcparcl addrcss and phonc nunrbcr,
! Datc.s of original ilan prcparati'on and ali rcvi.sion darcs.
I, Viciniry nrap or location map at a scale of 1,,= 1,000, or larger.9. .Sircct label.s and nunrbcr.s.
I0 . A bordcr with a minimurn left side rnargin of 1.5,,.I 1. Narncs of all adiaccnt roadwavs.12. Plan legcnd.
For new constnrction and additions, the applicani must stake and tape the project site to indicatepto?:t1y lincr^, proposeri buildings and buifding corners. All trees to be removed must be taped. Thcannlicant musi cnsrrc that stakine donc dunnfrhc ,,vinter is not bLtncd b;r sirou,. .{ ll sitc rrBingsand staking must be compieted prior to rire aay of the DRB mceting.
Applicants who fail to appear bctbre the Desigu Revicrv Board on their schcdule d meeting date andrvho have not asked in advancc that discussion on their itenr be postponed, will have their itensretnoved fronr the DRB agcnda urtir such ti.re as the itc'r has u.* t.putiirir"o.
lflT,o*u f Prgvcl the application with conditions or modificarions, all condirions of approvatnrust be rcsolved prior to the issuance ofa building permit.
C.
B.
D.
E.
t
': Updared 6/97
STAFF APPROVAL
The Administrator may rcvicw and approve Design Rcview applications. approve with certain modifications.
deny the application. or nray rcfer the application to thc Desigrr Rcview Board for dccision. All staff
appiovals are subjcct to finai approval by thc DRB. Thc following types of Dcsigrr Review applications may
bc staff approvcd:
A. Any application for an addition to an existing building that is consistent with thc architcchral desigrr.
lnatcrials and coiors ofthe bgilding, and approval has been rcceived by an authorized mcmbcr ofa
condotnittiurn association. if applicablc:
B. Any application to nrodify an existing building that does not significantly changc the existing pianes
oithe building and is generally corrsistent with the architecnral design, materials and colors ofthe
building. inctuding. but not limited to exterior building finish materials (e.g. stonework. siding. roof
materjais. paint or stain,), cxterior lighting. canopics or awnings. fences. antennas. satcllite dishes.
' ' rvindorvs, skylights. siding. urinor comntercial facadc improvcmcnts, and other sirnilar modifications:
C. Any application l'ar site improvements or rnodifications including. birt not limited to. driveway
rnodifications. sitc grading. site rvalls. removal or modifications to existing landscaping' installation
of accessory structurqs or rccreational facilities.
ADDITIONAL REVEW AND FEES
A. Ifthis application requires a separate review by any local, statc or Federal agency other thau the
Torvn of Vail. thc appiication fee strall bc increased by $200.00. Examplcs of such rcvicrv. may
inclucic. but are notlimitcd to: Colorado Dcpartmcnt of Highway Access Pemrits. Army Corps of
Enginccrs 404, ctc.
B. Thc applicant shall be responsible for paying any pubiishing fecs rvhich are in excess of507o ofthe
application fee. If. at thc applicant's request, any maffcr is postponed for hearing. causing the matter
to be re-pubiished. thcn thc entire fce for such re-publication shall be paid by thc appiicant.
C. Applications dcemcd by the Conrmunity Devclopmcnt Dcpartmcnt to have design. land usc-or other
'issuqs
which may have a sigrrificant impact on the.community may require r'eview by consultants in
addition to Town staff. Shoulrl a detcrmination be marie by the Town staff that an outside consu.ltant
is needcd. the Corrrmunity Devclopment Departmcnt rnay hire thc consultant. The Departmcnt shall
cstiniate the amount of money necessary to pay thc consultant and this amount shall be forwardeC to
the Torvn by the applicant at the time of filing an application. Expenses incrmed by the Town in
dxcgss of the u;noun, rbrw'arded by the application shall bc paid to tbc Town by the appiicant v/ithin
30 days ol notificarion by the Torw. Anv cxccss funds will bc renrncd to the applicant upon revicw
crtrrplctitrrr.
vl.
Updated 6/97
o
BUILDiNG MATEN.IALS:
Roof
Siding
Othcr Wall Materials
Fascia
Soffits
Windows
wllroow I n|ll
..Door.s
uoor I ntt)
Hand or Dcck Rails
Flucs
rra.stlrngs
Chirnnc;rs
Trash Enclosures
Grecnhouscs
Retaining Walls
Exterior Lighting*+
Other
TYPE OF MATERIAL:COLOR:+
+ Pieasc specify the nmnufacturer's coror, nunrber and attach a s'rall color chip
++ All cxtcriorlightingn*lj"T::itheTown's Ligkingordinance i8.54.05Q(J). If exteriorlightingisproposed,plcase indicate thc nuntber offixhrrcs and locatiois o,r-" ,"purut" lighting plin. Identiff each fixture fyp€ and providethc hcight above grade' lumens output, luminous area. and attach a cut si".t orthe lighting fixtures..
ED MATERIAL
PROPOSED TREES
AND SHRUBSI
EXISTING TREES TO
BE REMOVED:
PROPOSED LANDSCAPINC
ConrntQJr Namc 0uantity SizctBotanical Nanrc
*MininrumlCquircnrcnts for landscapi ng:dcciduous trccs - 2 inch caliPcr
conifcrous trccs - 6 fcct in hcight
shrubs - 5 gallons
Tvpc Sguarc Footagc
GROUND COVER
SOD
SEED
IRRICATION
TYPE OR METHOD OF
EROSION CONTROL
OTHER LANDSCAPE FEATUR ES (retaining waiis. icnccs, switnming pools, etc.) Please specify. indicate top and
botiom cle.;ations of retaining walls. Mzutinlrnt hcight of walls rvithin the ftont setback ic ? f,:et. Maxitrr'.tm height of
walls elscwherc oD thc proporty is 6 icct.
Updatcd 6i97
oIr5/nl0o ERB.--
4ot Hille-b lJ+. oF Bt"lq ! R*r 6W
B*cblea- VJetls, A,eat"llatre'+l t oaVal+btli/V
udr+ * bA A'aghil€.-nlpnt C,y,nfr/!;ul'fy I
B:Ll ?. -> Couhu,'c lo inpnonre orde. Frylt1+ rJrr-'= .??nH"? ! nuuleth_laE t
> I!.WWL 6'n)os-t@,p taarlsl- DR*v:ts | ftutra1l.? Rau.ro pe1 ru €1v**e hole
> 5hro..1 olhe. oprlo.r: +o h^&eEr oesriirJ
> Ceqlp"e vrruoours fu slutew4t_+ Vliupa.J Der,+ll,q
Eeidt.r +Chirrrrrel \errt=-+Betdqe' herqhf +
lAiI or t.l641as*-+ Aco \,*-'-1 la Aethibflpez fto.tl- aleyr*toil
o
> db,t twtcn;,A)t = I rco
> Ve haor\
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= F€'D Ddh loinanbrt /o ery &hrc.? lclfretr +D b€+r
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Tuwq > EAD
rErrEt oF IIRZTNSA4[lITIAL
P.O. Box 3340
Vail, Colorado 81 658
970-476-220',1
r\x 476-7491
P.O. Box 34871208 S. Ridge Street 970-547.0554
Breckenridge,Colorado80424 f\d,547.0564
," brJl lth rllfuuffi
WE ARE SENDINC YOU
I Copy of letter
n Shop drawings
Attached []U nder
I Change order
! prints
separate cover vla the following items:
n
checked below:
! Returned
! Approved
I Approved
comment il
I Plans
for corrections
as noted
as subm itted
Esamples ! Specifications
THESE ARE TRANSMITTED as{
!\As requested
ffiFor your use
! For approval
lFor review and
Iron eros our
REMARKS
! Return
-correcled
pr rnts
I Submit
-copies
for clistribution
I Resubmit copies of approval
20 JPRINTS RETURNED AFTER LOAN TO US
SICNED
COPY TO
r en{ o!!f.s ar€ n.t as no1€d, k ndl! r(n iy us rt on.e
VAIL ROWHOUSES UNITS 2A & 2C FOR PAN EAGLE, LLC
DRB COLORS:
STUCCO SW6667 AFTERGLOW TO MATCH
EXISTING
WOOD BRACKETS
FASCIA
SW6O83 SABLE TO MATCH EXISTING
RAILINGS WHITE TO MATCH EXISTING
FLASHING COPPER
sw 6667
Afierglow
PO Box 3340 r Vail, Colorado 81658 r Phone: 970-476-2201 .Fax:970-476-749 1
IH
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N)oOt\)
Application for Design Review
General Informatlon:
All proJects requklng design revlew mu$ recelve apFoval prlor to submiEing a bulldlng permlt appl,catlon. Please
refer ti fre submitdt reqilrements for the partlorlii approval that ls roquested. An applicadon for Design Ranlew
cannot lre adepted untii att regutred inbrmaflon ls riietved by the Communiry DeveloPmenf DePadmen(. The
project may abb need to be revlewed by the Town Council and/or the Plsnnlng and Envlronmental Commlsslon.
OeStgn roVtew approt.sl lapSor unlese I bstldlng pormlt lS lgsuad and con;ir{Ctlo|t commencer wltlrln
DcpBrtment of Communlty oevelopment
75 South Fmntage t{oad, Vail, Colorado 81557
Elr 970,179.2139 fax: 97D.479.7452
webt www,cl'vail.co,us
one y€or of tho rpprcvrL
Request:
f-ocatlonofthePmposatr tot: L Blocr, 6..suodtvtslonr lUlSf . ... .'.
physfcarAddreeer 4o* ftero krt Drur
(Cont6ct Eagle Co. Assessor at 970'328'e540 for parcel no.)
:'lLt
Zonlng:
Nane(s) of Owner(e)l
Malllng Addresc:
Name of Appllcantr
Malllng Address:
Type of Review and Fee:
O Signs
S Conceptual Revlav
E New Constructlonn Addltion
tr Mhor Alteratlon
(multl-famlly/commerclal )
0 Mhor Alteratlon
{$ngle-famlly/duplex)
tr Changes to Approved Plans
E Sepa|stion Request
en
$50 El$ $t,00 per squsfe foot of total slgn area,
No f*e
$650 For con$ructhn of a new bullding or demo/rebuild'
$300 For an addltion where square fuobge is added to Iny reeldential or
commerclal bullding (lncludes 250 additions & Interlor cDnverslons).
$250 For minor changes to bulldlngs and slte lmpmvements, such a5,
teroofing, pahtingr window additlong, landscaplng, fences end
retalnlng w8lls, etc.
$20 tur minor changcs b bulldlngs Bnd slte lmPmvements, such at
remoflng, palnthgi window addltlons, landgcaping, fences and
retalnlng walls, etc.$20 For r€lrisons to plans already appmved by Planninq st?ff 0r the
Deslgn RevleM,, Board.
No Fee
. - <-.- Phone!
. ----- tr--
Owner(e) Slgnaturc(e)l
^tLlYr'
Buildinq 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
Notes:
PROPOSED MATERIALS
Tyoe of Material Color
w00D
4TU(h
aLftrs -
lt) htffr -Ih Hhrew
Piease specify the manufacturer's name, the color name and number and attach a color chip,
.--."{-. r .... j-
Page 6 of LzljllL0l02
,
I
J
oo
Pearson residence
1. That this approval is contingent upon the planning and Environmental
commission's approval of the associated setback variance request.
2. Thatthe applicant must submit finar written approval from the vail
Townhouses condominium Association priorto the issuance of final
Design Review approval.
be^l tg-u'J
(h""lr futl
\er^J tlxl*
3-o
a4/r6l2qq2 21108 30 37531256
o DEBBIE hELLS PAGE A2
Debbie Welles
4950 Sanfurd Circle West
Engloruood, Colorado 90110
(3O3) 7s7-8774
April 16, Z00Z
[4r. Bilt Gtbson
Planner. Town of Vail
Communlty Development
Vall, CO 81657
REr. fgn Fgglet Apptication Befiore Town of Vait to renovate Untts 24and 2C, Vall Town houses Condom tnlu m Association
oeai 1,1.. Glbson:
I have signed the attached appmvat wit[the fullowing,c*Fditionsl
#7) My approvar rs grven with the condrtron that an independent architectconsuftEnt be hired to expediuousry assist $,e n""odlatton do flFA;dlligence necessary to herp concerned owne* work out differerlceswith Pan Eagle.
The Assoclation has not had sufficient time to rerriew and determlnethe approprtateness of pan Eagte's desigii "ri$r;;ild i; iht-'1""'*
ffii",Pi': .Drytgl Revtew eurdef ines,-as modm& anO-aOopteO onWle.ApFr-l A , zooz.
#2) The attached retter trom two ownerc in the vair Towrrhouses
Association prior to approving fan eigle,s ftans.
Sincerely,
condominium Associadon-, Joy Hifliard tunit +gl and crctta park (unit6A) identifies the krnds of concems nedarng rdoiltid il;h" 'l* --
Association prior to approving pan eigh,s ft"*.'"--" i
D.*"""ehEr*^*
Deborah G. Welles
Board Member, Unit 68
cc: Margot pritzger
Dick Parker
Er lPEcaft0rdryiltz re)SGbtfr{rtsUEniw
IArygq ssrra _d FF* ttr| ra ddbd r fi trlllh!!5$1 gm pqr mirf. *iiiffi'frilr m u1g1g' =g- tuo wnr ffi, iE ; ;;-XEjjf-*g-I3 *elt F*r- tu-ft@i;&,fim_"1_agry!111E*t;dailE-Cfiffi;:ffinl'lutagrltft E''oirqnu"-uprla-Ia.Eiffi t*fi rrrurry b m cr-f -g.r - rquinif r"ffi.ryburctron.smi;ffiitbfi;wr.
A#nh
g4l161zaAZ 2LtgA
Arr-lt-l0E !C!tNu
3437531265
o
Ftc.filTlEl
DEBBIE I^ELLS
n|.ttHtf0 T*0f0 P.0@/0et
PAGE A3
YdltorrhcCn0fuAroffi
l6rflffil
lerddDhr*"a
44116/2A82 21:OO 3A375s1266t DEBBIE I^ELLS PAGE 04
Mrr. Joy R. Hitnrrd
3313E. Florirh Avenue #l19
Dcnv€tr, Co 80210
April t5,2002
Msmbcrs ofthc Vail Tormhousm Cordominium Assooiation Bord
DickPad$r, Ivttrgot Pritzgerand Dcbbic Welles
and Jeny fteq Associatbu Attornerv
Joy Hirrlarc arJ ct;fi" i;k ^'*"n'.n, 4 t/,ir/LL"*l
Pan Eagle's Plaus givcn to rrembers tf fr .&sociition on 4lgl02 ard tbc
29 r4ge docunent sent on 4-12{2.
We would like to sce the foltowhg changes to Pan Eagle$' plans before the Association
Board gfircs appmralto the ToumofVail. we wourd like to ba\rc a ftl set ofrcvised
blue prints st the lime we are asked to rote.
0n the Eest Elcvltion:- Remove ordside light fixrure(s) and agw to not put any lighting either ou Eastelevation or on North elevatioa trat wiu te visiuL tom any of th" uoo*ffi;-
Buildings 3-6.- .Q 3E _flooa pleary reFruce ail doors with aborrc thp unist witrdows ard rcfixlvebalcodes so no balcony exists oa thc East elerration.- Doors, noise and outside lights wilr disrupt privaoy and dEtract fton themjoyment sfuuits oumed by othm n&mbers.
0n the Nnfih Elev*tion- -c.* ft: Bgard ge -atr,etrranation for the 'tie wdr" as drawn in the r*y rpdrrcedblueprint drflwiog in-cluded with pau Eagle's lefier last weck? please make sure
tbere is a provision for people to walk arcud the north side.
Lot #1
'. As a common elemeng this lot is for thc use and enjoymen ofalt members oftbeAssociation- Borr .rT$ I \u'ttetr ageem€m rcg;ding who will bp responsiblcfor-mai.naining rot r. Ifthe Associrtiln is to te i+odiute r"i*i
"ituemsi'tensJrc6, tftp Board should !evie*'tbe detailed 6ro"ptnt of** i, to t"
approved so rnaidenance does not become o, issue. pitrrpu xeroscape smura
be used so urc wjll not bave to deal with fiozen irrigation pipes. ':
Uee of lquaru footage undcr2litl ruh- Thc Association needs to decide ifowners wbo tate ad\€ntsge of250 rub wilt be
*tg"q a special ogltirnc '250 rub. ascegsmcnt. Cat such an ass€srmeot becharged rcrroactively?
Boerd Rryirw of pbns end Voting prcccdnre
o - Ip----------------thc spirit ofmovinglorwa!4 the Association adopted Design Review- Guidetines. we did this wift G **,neft* tn* orL ti-", oinil iit wo"k
To:
firm:
Rc:
together to iton out a souod pmccss.
-page I of2 -
A4/L6/2Aaz 2I:EE 3837 531265
o DEBBIE hELLS PAGE 85
, Pagc 2
pq*s/Hiliiard letter tq Board
The.Guidelines, adopted to dde do not have a complete p,rocecs for Board reviewof plans or for Wing.' . lti"ilffi'ffi*ffiffi,ffiHffiT,ffiffij"
plarrr,
our undercanctirg is thg for wting (and ot'a p'rposes) orn Asrociatrbn has I0oulners and 12 units.
. ffiff-"Tffi*hfitrttlre Association's atornev be responsibre for
Thank you s, for the tirne and efrort you are investiag in our buitding.
!
O XcetEnergy-
Jim O'Nea1
Tloq i rrn or
March 1, 2002
Town of Vail-
Planning Commission75 South Frontage RoadVai1, CO 81_652
To whom it may concern:xcel Energy / eubric service company of colorado has noobjection to the 3.1'Encroachment of the 1b, utility Easement onLots 1-13 Brock 5, vail villaqe r-"r Filing. Thi;-;roperry is alsoknown as vair Townhouse coniominiums at 303 coi* creek Drive,specifically units 2A s,2C.
xcel does not currently have facilities 1n this easement orantlcipales a need to utilize this part of the easemenc.
This encroachment was identified by a document prepared by Eagr-eva1ley surveying rnc. and Gregory Bartock of Barttck Bui]ders rnc.reguested this leccer.
This notice does not speak for Television, us west or any otherutilities that may need to utilize thls easement.
Sincerely,
0b!
P O. Box 1819
Silverthorne, Colorado 8049&1 919
" RECF?.i::,
l,1A'r 07 *uud
b
cc: Bartock Buifders
P.O. Box 4437
Avon, CO 81620
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D ep artme n ! of C ommunity D eve lopment
75 South Frontage Road
Vail. Colorado 81657
970-479-2138
F/4X 970-479-2452
wwwci.vail.co.us
January 10, 2001
Pam Hopkins
Snowdon & Hopkins Architects, P.C.
201 Gore Creek Drive
Vail, CO 81657
RE: Vail Row Houses / Lots I to 6, Block 5, Vail Vi age 1" Filing
Dear Pam,
As you are aware, the Community Development Departrnent files do trot contain adequate information to determine
the total amount ofdeveiopment potential currently being used by the existing Vail Row Houses. Therefore, wc are
unable to make an exact determinatior of the remaining development potential for this site. We are accepting Eagle
Valley Suweying's December 5, 2000 survey of the Vail Row Houses as a baseline for the purposes of calculating
site coverage, with the assumption that the survey information and calculations were completed in accordance with
the Town Code.
The Vail Row Houses are located within the High Density Multiple Family Zone District. The maximum site
coverage that is allowed in the High Density Multiple Famity Zone District is 55% of the total sire area. Based upon
the December 5, 2000 survey, a maximum of 8,921 square feet of site coverage is permitted on the entire Vail Row
Houses site. The December 5, 2000 survey indicates that the existing Vail Row Houses cover approxim ately 7,134
square feet of the site, which indicates thal site coverage is still available for further development ofthe property.
Ifyou have any questions or comments, please leel free to call me at (970) 4j9-21'73.
Sincerely,
Bill Cibson, Planner I
Town of Vail
{p"n"'uo"*
the mj mueller Co., inc.
5 April 2002
Pam Hopkins
sNowDoN & HoPKINS ARCHITECTS, PC
PO Box 3340Vail, Colorado 81658
Subject,: ;iruc;ura- Inspei:',;!-o;r
Iru-t 2, Block 5, VaiIVail, colorado
cf iali Tol';rri.otrses .Uriitrs 2a ar'i ;lE
ViIIage 1st l'iling
Dear Pam:
At your request. this office has conducted a visual inspecti-on ofthe existing structure, for feasibility of cornpleting a remodel.Construction documents were not available for use. The followingitens are to be noted:
EXISTING COND]TIONS
The existing three level building. has an approximatefootprint of 30'x 30,. The garden leve1 is a two bedroomwalk-out unit. The rniddle level is the rnain leve1 for theupper unit. The third j-evel is the bedroom level for theupper unit.
The wood-framed building is supported on a masonry foundation.
The party wal1s between units are masonry. The garden leve1is slab-on-grade. The ceiling of the living room is 4x6decking. The roof is constructed with 2x10 g 16tt on center
.i.::f ;=::,=-. . T,'b-j.s n r'..r: ts :i:'ig lr:.:J. :-u :;.= -j:: ri-3i.rl:.;r::{:i: L:i: ,ifootprint 30'x l-8' in L953. A 30' x L2'addition wars added
on the north side of the building prior to annexation into the
Town of Vail in L966.
FOIJNDATION PERFORMANCE
The north foundation wa11 of the building addition, hassettled up to ztt since originally constructed, This wa1lsupports both framed f]oors and the framed roof. A result ofthe foundation settlement mechanism is that the floors arenoticeably out of 1evel with the balance of the level floors.
The rotation of the addition with respect to the originatbuilding, is placinE unusual stresses on the originalconstruction. These stresses are visible in the crackedmortar joints of the stucco-covered exterior masonry wal1s.
civif architectural and structural engineering o p.o. box2747 vail, colorado a1658 476-2627 476-2637 lFAxl
a)
b)
Page 2
Pam Hopkins
5 April 2002
The foundation settlement is most probably caused by one oftwo conditions. Either the footings were not adequately sizedfor the soils conditions, or the footings were not placed onundisturbed natural soits.
c) CODE coMPLIANcE
The original 2x1-0 roof construction was desj-grned to suppori:50 psf of snow, ..Jurren:; code tequires rr.rrlfs vitu a slope iessthan 3!L2, to be designed fol: 10O p6f snow. Ceiling heightson portions of the niddle level dre 7r-2.t, code minimum forceiling heights in habitable spaces is 7'-6u.
In conclusion, the settlement of the foundation beneath theaddition, is causing many related deformations of the addition, andthe original structure. The foundation beneath the addition, mustbe stabilized, before any of the supported elements of the additionand the original structure, can be placed back in their originallocations. It is the intent of the proposed remodel, to coirectthe code deficiencies previously mentioned, and to repair theeffects of the foundation settrement. Replacement or repair of thepreviously described elements of the structure, effect a majorityof the building. Please consider replacing the entire structure,except for the common party walls. Complete replacement of thestructure, would result in a code-cornplying structure custom-buirtfor the desires of our conmunity and client.
If you have any questions, please contact this office at the phonenunber shor,rn on the cover sheet.
''tt!tr.
Sincerel
Mark
c ,fttt
cvPy
Department of C ommunity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2r 38
FAX 970-479-2452
www.ci.vail.co.us
February 15,2002
Pam Hopkins
Snowdon & Hopkins Architects
P.O. Box 3340
Vail, Colorado 81658
Email: pam@snowdonhopkim.com
Dear Pam:
I have received the application you submiued on behalf of Vicki Peanon to allow for the remodel of Unis
2A &2C located in the Vail Townhouses. The purpose of my letter is to provide you with written
documentation of the staff s detennination of non-conformity and your ability to maiatain and repair the
failing structure to ensure safe and efficient operation of the wo dwelling units in question.
Based upon our review of the relevant sections of the Vail Town Code, the Communitv Develooment
Deparhnent has determined that the Vail Townhouses are lawfully established noo-coofo.*iog ,t ,r.tures
with lawfully established non-conforming site improvements. The structures and site improvements can be
maintained and repaired as necessary within the regulations of the Town.
I understand that the foundation walls of Units 2A and 28 are failing. I understand that in order to repair
the walls they must be removed and completely replaced. The wailJcan be compietely removed and
replaced provided the reconstruction does not increase the discrepancy already eiisting with regard to
setbacks. To ensure compliance with the provisions of the Town Cod'e an existing imfrovement location
cettificate and_ an as-built improvement location certificate will be required as puti of itre construction
permrtting and inspection process. What follows is a surnmary of our review.
-
As you ar€ aware the Vail Town houses were originally constructed in 1963 under the jurisdiction on Eagle
County. The Vail Townhouses were annexed into the Town of Vail in the original incirporation of the
Town in August of 1966. In 1973 the Town of Vail adopted zoning regulatiois for the clmmumry. At that
time the Vail Towthouses were zoned High Density Multiple-namily. The townhouses were then renderednon-conforming struchles with regard to lot and structure iequirements.
Lawfully established sites, uses, structures and site improvements are regulated pursuant to the regulation
outlined in chapter 18, Title 12 of the vail rown code. The purpose ofchaptei tg is,
"...intended to limit the number and extent of nonconforming uses and structures by prohibiting
or limiting their enlargement, their reestablishment after abirulonment, and thetr restoration after
substantial destruction. Flhile permitting nonconforming uses, structures, and improvements to
continue, this Chapter is intended to limit enlargement, alteration, restoration, or replacement
fi *"n"uo,*"*
a
u.l i
which would increase the discrepancy between existing conditions and the development standards
prescribed by this Title. "
Further, Section 12-18-5, Structure and Site lmprovement, states, in part,
"structures and site improvements lawfully established prior to the effective date hereofwhich do
not conform to the development stdndards prescribed by this Title for the district in which they are
situated may be continued. Such structures or site improvemmts may be enlarged only in
accordance with the following limitations:
A. Lot And Structure Resuirements: Structures or site improvemehts which do not conform
to requirements for sitbacks, distances bemteen buildings, height, building bulk control,
or site coverage, may be enlarged; provided, that the enlargement does not fufther
increase the discrepancy bebveen the total structure and applicable building bulk control
or site coverage standards; and provided that the addition fully conforms with setbacks,
distances between buildings, and height standards applicable to the addition. "
Lawfully established structures and site improvements may be maintained and repaired. According to
Section l2-18-6. Maintenance and Reoairs
"Nonconforming uses, structures, and site improvements may be maintained and repaired as
necessary for convenient, safe, or fficient operation or use; provided, that no such maintmance
or repair shall increase the discrepancy between the use, structure, or site improvement and the
development standards prescibed by this Tille."
I am hopefirl that my letter answe$ your questions. Should you have any additional questions or concerns,
please do not hesitate to call. You can reach me most easily by telephone at 479-2145.
Sincerely,
rl,*-?**a^-t
George Ruther, AICP
Chief of Planning
Town of Vail
o
frQcopr
Department of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-479-2 r 38
FAX 970-479-2452
May 5, 2000
Varl Townhouses Condominium Association
c,/o R. Gregory Stutz
Stutz, Miller, & Urtz,LLC
P.O. Box 6500,
VaiL CO 81658
Re: Request to Appeal the Planning and Environmental Commission's decision regarding 303
Gore creek Drive, vail, vail Rowhouse unit 2-c lLot2,Block 5, vail viilage 1"t Fiiing. -
To Whom It May Concern:
On Thursday, May 4, 2000 I received the eirclosed appeals form on your behalf from the offrce of
Stutz, Milier, &Urtz. LLC. The form describcd the decision being appealed as that made by the
Plaruring and Environmental Commission on Aprit 25,2000 to grant variances to Vicky Pearson and
allow for thc addition ofgross residertial floor area pursuant to the 250 ordinance.
In actuality, the Planning and Environmental Commissior, granted variances to Ms. Pearson but did
not make any decision regarding the addition of GRFA pursuant to the 250 ordinance. The decision
to allow or not to allow for the addition of GRFA under the 250 ordinance is senerallv made bv the
Design Review Board. Alsq the Ptarming and Environmental Commission rr'ud. their decision to
grant vanances to Ms. Pearson at their meeting on April 24, 2000 not on April 25,2000 as indicated
on the form.
Moreover, the appeals form was submitted without all required documentation. Scction G of the
appeals form st:rtes:
"Provide the names and addresses (both person's .ailinc address and property's
physical address in Vail) ofall owners ofproperty which are the subjeit olthi appeal
and all adjacent property owners (including properties separated by a right-of-way,
stream, or other intervening barriers). Also provide addressed and stamped
envelopes for each property owner on the list.,'
rl EECYCLED PAPEN
This reduirement is also codified in the Town of Vail Code. Under section 12-3-3 (Appeals),
subsection C.3,:
"A written notice of appeal must be filed with the Administrator within ten (10)
calendar days of the Planning and Environmental Commission's decision.. . Such
notice shall be accompanied by the name and addresses (person's mailing and
property's physical) oftJre appellant. applicant, property owncr, and adjacent properf,v
owners. . . Failure to file such appeal shall constitute a waiver of any rights under this
Chapter to appeal any interpretation or determination made by the Planning and
Environmental Commission".
Thursday, May 4. 2000 represented the tenth calendar day following the Planning and Environmental
Commission's decision and the deadline for receipt of written notice of appeal and the names and
addresses ofthe adjacent property owners. As such, I regret to inform you that your rcquest is invalid
and you no longer have the right to appeal the decision made by the Planning and Environmental
Commission. The approval of the variances will only lapse and become void if a building permit is
not obtained and construction not commenced and diligently pursued toward completion within two
(2) years from when the approval was granted.
If you require further clarification of this matter. please do not hesitate to contact me at (970) 479-
2 1 28 or akjerulf@ci.vail.co.us
Sincerelv.
Ann
Plaaner I
Town of Vail
Russell Forrest, Director of Community Development
George Ruther, Chief of Planning
Encl.
Xc:
MAv -A3-AO 1 I , 25 FROM, TO v-cI OM*DEV_DEPT,rD '9744?924s2o PAGE 2/ 3
REQUIRED FOR FILING AN APPEAL OF A STAT'F, DESIGN REVIEW BOARD OR
PLANMNC AI\iD ENVIRONMENTAL COIUMISSION ACTION
ACTION/DECISION BEING APPEALED:ances sranted to applicant, Vicki
TqltrN ryFvm,
on regardinq 303 core Creek Drive, Vai1,Rowhouse #2-C/LoL
Bloclc 5, Vail VilIage 1st and the addition of gross residential
floor area pursuant Lo the 250 ordinance.
B.
C
DATEOFACTIONTDECISIQN: April 25, 2000
NAME oF BOARD oR PERSON R-ENDERING rI{E DECISIONffAK-ING AcTIoN: p 1 a nn i ns
and Environmental Commission
NAIVTE OF APPELLANT(S): Vai I Townhouses Condominium Association
IUAILbJGADDRESS: c,/o R- Gregory Stutz,Stutz, Mi1ler & IJrLz, LLC
P.O. Box 6500, Vai1, C0 Bl65B
PFrySICALADDRESS INVAIL: Vail Townhouses Condomi n i lqqpHONE: 97 A - 9 2 6 -7 5 60
LEGALDESCRIPTIONOFAPPELLANI'SPROPERTYINVAIL: UNitS 2A, 2D, 28, 2C, 3A,
3P, 4e, 48, 54', 58, 6A, 68, Vail Townhouses Condominium
STGNATTiRE(S):
R. Gregory StutzStutz, Mi1ler & Urtz, LLCAttorneys for Appel-laht
Page I of2
/r^" -r=-"" 11,2s FR.M. 'ov-coM-D 52
o
F. Does this appeal involve a specific parcel of land? y e s If yes, please provide the following information:
are you an adjacent property owner? Yes X
lfnq give a detailed explanation of how you are an'"agerieved or adversely affected person," '?ggrieved or
adversely affected persoo" means any person who will suffer an adverse effect to an interest protcctcd or
firrtrered by this title- The alleged adverse interest may be slured in commcrr with other mernbers of the
community at large but shall rxcced in degrcc the general interest in comrnuriity good shared by all persons.
Appellant is the contlomin jUm assoc'i at-.i on for the condomini um
of vhich applicant's property (303 core Creek Drive, Vai1.
Rowhouse +2-C / Lot.2, Blocl( 5, Vail Village lst) is a unib.
Pursuant to the eondominium declaration, Appellant is
responsible for the management of the common elements of the
condominium. A11 of the variances of applicant are in the
EV-o DEPT.tD,Fl7s47924 PAGE 3/3
G.
H-
common elements of the condominium.
Proude the names and addresses (both person's mailing address and property's physical address in Vail) ofall
owners of prop€rty whrch are tbe subject ofthc apprnl and all adjacent property orvnscs (including properties
separated by a right-of-way. strcam. or gther intervening bauiers). AJso provide addressed and stamped cnvelopes tbr
each propcrty owner on the tisl
Orr separate sheets of paper, specify &e precise rature offte appeal, Please citc specifc code sections baving
relevance to the aaion being appcalcd.
FEE: $0.00
Page2 of2
Parasraph H ofApneals Form
The Appellant is the Vail Townhouses Condominium Association
("Association"). Pursuant to the condominium declaration for Vail Townhouses
Condominiums (the "Condominium Project"), only the Association has the responsibility
and authority to manage the common elements of the condominium Project. All of the
variances requested by the Applicant are in and require changes to the common elements
of the condominium Project. Pursuant to the Declaration such changes could only be
made with the approval of the Association.
The Association has never approved the variances granted by the PEC to
Appficant on April 25, 2000. Pursuant to the Declaration the vole of 7 5Yo of interests in
the Association is required for the Association to approve the variances granted to
Applicant.
The Applicant provided certain drawings to the members of the Association
which were materially different than those approved by the PEC. The drawings provided
by the Applicant to the members did not show the relationship of the Applicant's unit to
the other units and how the requested variance would impact the other units in the
Condominium Project. The Applicant informally polled the member's of the Association
and failed to receive the affirmative vote of the required 75vo of the members of the
Association. On May 3, 2000, all owners of units in the Condominium Project, including
the Applicant, met as an Association and agreed the fiie the documents necessary to
convert the Association to a domestic non-profit corporation. Previously the Association
was a unincorporated association. At that meeting on May 3, 2000, the Association voted
to file this appeal opposing the variances granted to Applicant and elected James Todd as
a Manager to act on behalf of the Association. Stutz, Miller and Urtz. LLC was hired as
the attorneys for the Association and directed to file this appeal on behalf ofthe
Association.
At the Association meeting the Applicant agreed to submit revised plans to the
other members for their review and a vote will be held by the Association to determine if
the Association approves the plans. The plans to be submitted to the other members will
be different than those plans approved by the pEC.
Pursuant to Town of Vail Code and prior practice of the Town of Vail, the
approval ofthe Association is necessary in order to grant a variance which is in and
effects the cornmon elements of a condominium project. As stated above, the
Association has not provided such approval. Applicant inaccurately represented to the
PEC or the staffthat she had the approval of the Association. Additionally, the
application for the additional GRFA under the 250 ordinance is required by the Town of
Vail Code to be made by the Association. The Applicant did not hive the approval of the
Association for the variances in the common elements. The application for additional
GRFA under the 250 ordinance was not approved by the Association or made by the
Association.
\\Ws 1\d\WPDOC\ASSOOPSU6S4I paragraph H of Appeals l..orm.doc
.rt By : Slvill l-ltl'iVtH;3u3 830 01 i5;{iu:g4,p-Sgirqf_r"r.. BRUCE
fiiay-4-00 3:25F1'4;
o,T'15H.ff,"J
Page 2 4
PAGE A2
FACE z/3
.{
Varianceg qra,nted eo
reek prLve, VaiI,
and the addition of,flqor area pursuant to the ?50 qrd jnaas.s.
ePFIisant, Vlcki
Bo\'houBe #?_q/Lor
ross resldentdal
IWN OFUNT,
:8.
c.
DAIEoFAcTloNroeqlglpp: Aprlr, ?g. 2o0o
H. NAME OF BOARD OR PERSON RENDERINA THE DECISION/TAIqNC Af,N(and .E-nviian.neltar eonmiesion,
-ryv'u'\''rl^rar\tN.ALTlox'--luqcigs=..--
D NAME OFAFFET[,{NT(S):Townlo,uses Congonrinlu,rn Association
I{AILINO ADDRESS: c./o
P.0, Box 6500,
PHYSICAL ADDRESS INV
Stubz , StUtz,Miller & Urtz, LLcvai t. c0 81659
' Vail TowDhousp Condomtnl un 970-e26_7560Assocl a'!f6T
SIGNA
p. Greg EZStutzr lrflIIerAttorneye for & Urtz, LLCAppeli[aht
Page I ofl
Senl By:SI\IU DENVER;30e 830 0115; Ma1A4-00 3:25Pli/;:'uulJip
^.Lw \tEr,. anrre Orgrafrffr"r"
Fage 3/4
PAGE A3
FAGE 1r'3
F.Docs thir appcel ilvolvo a spccific P.,ccl of lan<l? - ves Ifyar, ptcasc F.ovido tte r'lbq/ing l.nformatioo;trc you aD adjaccru proprB, ocnrer? yor {- na
-
Ifnqgivor dqiitld
advcrrcrv affuc*d trn'ffiffi "T,lffi::;Hffi- pcrson.", As*ievcd or
fi*thercd hy tlis ritlc- t]e allcgpd adv*. n"*,,*"llj_Tdsc,ofrbcl o r.r inncrestprotocrcd or
c.mnunitv 61 tugq but stralr +ceed in dc'rce ;; ffi ff: I :ffiffiilffih_
of, vhtah
owhouse
Pursqant to the
7^1.1---.--i.-._=*.* " . 2,, urocir 5, Vall V!l I aqe 1$ t
Vai1,
responsible for
eondominium. All Lho
commoh el6nents at it" "l't"l.rq "t theof the condominl um.
G.
H.
Provide the uarncs and adrbcsses (botb persoo,s rneilinc aown€fg ofproprrty rryhict arrffi Hlg1;s*:"ruir,#td$,hffff-1ffi ff:Q"I#*1.'qnd ard slaftped @velopes for
_AYTF *"er gfpaerr. spoci& rhe prccise narre ofrcl"vuce to tho aaiorr uCi eppcalca. thc appeat' Pl€asc citc spccific codc soctioru having
rEE: $0.00
Ptge2 sj2
nt tsy: SIV1U DENVER;303 830 01 15; May-4-00
!ITI.IC[ D CHAPMAN rc
Fage 4/4
trAGE g4
t,, Jhefupclrant jsrha Vrir *^--.
-l***
;nrm#'ffi.*-*mnliffiffi
ry,*gshgfd;r#,;"in#ry;,i,rn?r#
Ihe A5ggsixtl^- r--
en*.rr,r.on ll;ij?'ilT 1** spproved rn*,illTr g*tcd by the p'c tothe-Associatronl;;#iyfl' rursuant to the D
Apphcant -'.--. .-..-quirsa o' tr,e a",roli,i;"1"fr;:'r",if1i"';';sffvr" orlt}"r,, in
The,{pplicsflt nh\,;r-r - .
i113rr'1*g.r"li.ffi 111""* certam drawins:j:,T"
T.tLo^* of rre Association
ll,n**:nl*:lfrE$l[T:'1'Jfr ltl'n".rpiii.i;-r*;p.""io,a
uondomidum proi"a*#t "quun"i u"ri;nlf'" t:lT""tttip of thc Appti"tnt", t*l;
"'arur,atol,LY.,!;3:$b6;#ffi'#ff 'lT-T{i:nXHill'ff :i;";Aseociation6"#{mt".il".[""1ffi ,',T",,'rTi:f#tri,ll'Jo,*,n.the Applieant, ,nrt u, * Rsrociation and a*rced if; *: l:"j"Trm nioJ*.r, includingconvqt ths Asrocinfior
1T."u,*"o.p",",.oul3^1
j,1*'!l.T;,ffi;",fl,Hfi,jlii'fiil'J#rur;"::_."
t" a* rrtir "ppi"i"'iijr'"tttoa'
At thnt mecdns_o1M1r r, td,;ffi1;ociation votcd
1iaye.'t1"#"rH,Ii$';.ffifi fJ#i{Pappri-c"ntrnil.,r.off i*",roddrs
lb* "n:Tuv'for tho essociffi #H#L?,1?,TlSle'ang unc LLC was hired asAssociation
- - ' "'- ' ^'soqafion rnd dirccted to fue uus appeal on behalf of the:
"*rr*ll*irti,ilfil:1.T-cer'r's.rhe
Appltcant i{i* *q submit reviscd prans to the
*,ffi,f,iiiTfl*ffi .d',?tiTIil,J#_1"*llitx*l,l jrffi tr
purruant to Towr
HIl1L:f u"-e,-"'"j.uXl1'""T-?h}t":1""J,:'Tf Torrherownorvair,rhee*tect$ the bommon eterncots ofl;;T;,::.yj9 {am a variance which is in and
#iltrtrj*ft H:,'rffi ;1"Lffiffid,ffi:if mc+[n:d,.,he
#Ji'*:1ft *ffix"^llgnrif ,1'a*d;'rfr *'.?'u"nAdditionalrv,rho
tri#l,i,"-Hnffi $f*rn#:ffi *;*k"*]trur*"r':
\fVsllitli{pDOC\ASBOOpSU6i+
t panrnph H of Appcd5 f661.dsg
Paraeranh H ofAupeals Form
The Appellant is the Vail Townhouses Condominium Association
("Association"). Pursuant to the condominium declaration for Vail Townhouses
Condominiums (the "Condominium Project"), only the Association has the responsibility
and authority to manage tfte common elements of the Condominium Project. All of the
variances requested by the Applicant are in and require changes to the common elements
of the Condominium Project. Pursuant to the Declaration such changes could only be
made with the approval of the Association.
The Association has never approved the variances granted by the PEC to
Applicant on April 25,2000. Pursuant to the Declaration the vote af 7SYo of interests in
the Association is required for the Association to approve the variances granted to
Applicant.
The Applicant provided certain drawings to the members of the Association
which were materially difiFerent than those approved by the PEC. The drawings provided
by the Applicant to the members did not show the relationship of the Applicant's unit to
the other units and how the requested variance would irnpact the other units in the
Condominium Project. The Applicant informally polled the member's of the Association
and failed to receive the affirrnative vote of the required 75Yo of the members of the
Association. on May 3,2000, all owners of units in the condominium Project, including
the Applicant, met as an Association and agreed the file the documents necessary to
convert the Association to a domestic non-profit corporation. Previously the Association
was a unincorporated association. At that meeting on May 3, 2000, the Association voted
to file this appeal opposing the variances granted to Applicant and elected James Todd as
a Manager to act on behalf of the Association. stutz, Miller and urtz, LLC was hired as
the attorneys for the Association and directed to file this appeal on behalfofthe
Association.
At the Association meeting the Applicant agreed to submit revised plans to the
other members for their review and a vote will be held by the Association to determine if
the Association approves the plans. The plans to be submitted to the other members will
be different than those plans approved by the pEC.
Pursuant to Town of Vail Code and prior practice ofthe Town of Vail, the
approval ofthe Association is necessarv in order to srant a variance which is in and
effects the comrnon elernents of a Coniominium Pro]ect. As stated above, the
Association has not provided such approval. Applicant inaccurately represented to the
PEC or the staffthat she had the approval ofthe Association. Additionally,, the
application for the additional GRFA under the 250 ordinance is required by the Town of
Vail Code to be made by the Association. The Applicant did not hive the approval of the
Association for the variances in the common elements. The application for additional
GRFA under the 250 ordinance was not approved by the Association or made by the
Association.
\\WsI\d\WPDOC\ASSOOPSU684 I paragraph H of Appeals Form.doc
MAY-@3-O@ r I i ?s FROM. TOV-coM-DEV-DEpT ,tD,e?94792462 PAGE 3/3
F- Does this appeal imrolve a specific parcel ofland? yes lfyes, pleaseprovidethefollou'ing information:
iire you an adjacent properfy owner? Yes X ro
lfno, give a derailod explanation of how you are an "aggrieved or adversely affec'ted person." "Aggrier.cd or
adversely affected pcrson" means any person who witl srffer an adverse effecl to an intercst protcctcd or
fitthered by this title- The alleged adverse interW may be slrared in coffinoil with other mernbers of he
community at large but shall c*cced in degrco the ge,reral interest ia comrmurity goo'd sbued by all pcrsons.
Appel I ant is the nondomi 4i.Um assor-.i at i on f or the condomiliu{r ..
of whiqh applicant's property (303 Gore Creek Drive, Vailr
Rowhouse #2-C / Lat 2, Bloclc 5, Vail Villaqe lst) is a unit.
Pursuant to the condominium declarationr Appel-1ant is
responsible for lhe management of the common eLements of the
condominium. A11 of the variances of applicant are in the
common elements of the condominium.
Lr.
H.
Provide the names and addresscs (botl person's mailing address and properry's physical arldress in Vail) of all
owners of property which are the subject ofthe appcst and all adjacent proper{y owners (includfuig properties
separated by a nght-of-way, stream, or orher intervening barriers). Also provide addressed and stampcd cnvelopes for
each propcTry owner on the list
On separate sheets of paper, wecrfy the prccisc natwe of tte appeal. Please citc spccific code soctions having
relseance to the aaion being appealcd.
FEE: $0.00
Page? of?
2E; FROM . TOIJ - COM-DEV_ DEPT .'.o
TOWNOFVNT
REQUIRED FOR FILING AN APPEAL OFA STAFR DESIGN REVIEW BOARD OR
PLANMNG AND ENVIRONMENTAT COMMISSION ACTION
A.ACTIONDECISION BEING APPEAI-ED:nces qranted to applicant, Vicki
2./ 3
03 Gore Creek Drive, Vail Rovhouse #T-C/LoL 2,
:Blocl<5; Vail ViJ-Lage 1st and the addition of oross res i denb ial-
floor area pursuant to the 250 ordinance.
B.
c.
DATE OF ACTTON/DECISION: Apri I Z5 , 2000
NAME oF B0ARD oR PERSON RENDERING rTIE DECISION/TAKING AcrIoN: ptann inq
and Environmental Commi ss i on
D.NAME OF APPELLANT(S):I Townhouses Condominium Associat.lon
MAILINCADDRESS:_S/o R. Gregory Stutz, StuLz, Miller & UrLz, LLC
F,4Ar 48,5A,58r 6Ar 68, Vail Townhouses Condorninium
F STGNaTUR.E(S):
R. Gregory StutzSt,utz, Mi 1ler & Urtz, LLCAttorneys for Appel:laht
P.O. Box 6500, Vait, CO 81658
PFrySICAL ADDRESS IN VAIL: Va i 1 Townbouses Condom i n i umprioNEr 97 O -926 -7 560
"^
LECAL DESCRIPTIONOFAPPELLANT'S pROpERTy 11gy4p. unirs 2A , 2D, 28, 2c, 3A,
Page 1 ofZ
Monday, April2a,2000
MEETING FESULTS
Proiect Orientation / PEC LUNCH - Communiw Development Deoartment 11:30 a.m.
MEMBERS PRESENT
John Schofield
Galen Aasland
Diane Golden
Brian Doyon
Tom Weber
Chas Bernhardt
Doug Cahill
Site Visits :
MEMBERS ABSENT
12:30 p.m.
1. Pearson - 303 Gore Creek Drive #2-C2. Ford Amphitheater- 540 Vait Vailey Drive3" Vail Mountain School - 3160 Katsos Ranch Road
George
NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
2:00 p.m.
1. Swearing in of reappointed PEC members Diane Golden, and Brian Doyon. - Lorelei
Donaldson, Town Clerk.
2- Election of 2000 Chair - Galen Aasland
Vice-Chair - Chas Bernhardt
3. A joint worksession with the Design Review Board to discuss the proposed development
plan/master plan and a conditional use permit for a park and recrealion facility for an
approximately 12 acre unplatted parcel of land zoned General Use and Residential
Cluster, commonly referred to as the lower bench of Donovan Park, located south of the
South Frontage Road and east and north of Matterhorn Circle.
Applicant: Town of Vail / Vail Recreation DistrictPlanner: Dominic Mauriello
WORKSESSION-NO VOTE
t o iltn
'*--'':il'*T::"J:,.*::]"',"',o' -c 80pF
DRB MEMBERS
Clark Brinain
Bill Pierce
Driver:
KEH
4.A minor CC1 exterior alteration, to allow for a residential addition, located at 223 Gore
Creek Drive #3/Creekside Condominiums, Block 58, Vail Village 1"t Filing.
Applicant: Phil & Kay Talalai, represented by Larry DeckardPlanner: Allison Ochs
WITHDRAWN
West Vail Lodge - A worksession to discuss a proposed height variance (Section 12-7D-
6, Town of Vail Code), to allow for the addition of dormers and tower elements to an
existing roof ridge, located at2211 N. Frontage Rd. (West Vail Lodge)/Tract C, Vail das
Schone #1; Lots 1, 2 and 3, Vail das Schone #3.
Applicant: Heaut CorporationPlanner Breni Wilson
WORKSESSION_NO VOTE
A request for a conditional use permit, to allow for the pavillion roof replacement ,
additional covered seating areas, addition to "stage left" buildings and a new service area
addition to the "stage right'building, located at 540 Vail Valley Driveffract A, Vail Village
7" Filing (Ford Park Amphitheatre).
Applicant: Vail Valley Foundation, represented by Morter Aker Architects
Planner: George Ruther
MOTION: John Schofield SECOND: Doug Cahill VOTE: 6-0
APPFOVED WITH 5 CONDITIONS:
1. That the applicant revises the proposal and relocates the proposed trash
dumpster. The dumpster shall be relocated to an area proximate to the upper
parking lot. The linal location of the dumpster facility shall be reviewed and
approved by the Town of Vail prior to the issuance of a building permit.
2. That the applicant submits plans to the Town of Vail Community Development
Department for review and approval of an improved loading/delivery facility. The
improved facility shall be designed to increase the amount of storage space and
reduce the need to large vehicles to remain parked at the amphitheater loading
dock.3. That the applicant submits a sign application to the Town of Vail Community
Development for the new signs proposed at the amphitheater. The new signs
shall comply with the applicable regulations outlined in the Sign Code.
4. That the api:ticant submits a Design Review Board application and receives final
design approval prior to the issuance of a building permit. The final design shall
comply with the adopted design guidelines for park development5. That bike storage be addressed.
A request for a conditional use permit, to allow for a proposed expansion at Vail Mountain
School, located at 31 60 Katsos Ranch Road/Part of Lot 12, Block 2, Vail Village 12th
Filing.
Applicant: Vail Mountain School, represented by Gwathmey Pratt Schultz
ArchitectsPlanner: Brent Wilson
MOTION:John Schofield SECOND: Doug Cahill
APPROVED WITH 6 CONDITIONS:
VOTE:5-0-1 (Brian
Doyon abstained)
A
7.
.1. The applicant shall provide the Town of Vail with an easement for the existing
public bus stop at the southwest corner of the property.2. The applicant shall provide the Town of Vail with drainage easements in
accordance with the proposed grading and drainage plans. These easements
will be recorded prior t0 the issuance of a grading permit for any proposed grading
activities on the property.3" Prior to the issuance of any permits for the "Phase ll" improvements on the
property, the applicant shall conduct a revised traffic study for staff review to
ensure appropriate mitigation measures (if applicable) are addressed in a manner
that is proportional to proposed "build-out" traffic impacts from the project. lt is
acknowledged that the threshold for identifying traffic impacts from this proposal
will also include existing conditions and "Phase l" improvements.4. At least one Type lll employee housing unit must be constructed within 5 years of
the issuance of a temporary certificate of occupancy (TCO) for "Phase l"
improvements. The other seven units (for a total of eight) must be constructed
prior to the issuance of a TCO for "Phase ll" improvements. Required Type lll
deed-restrictions will be recorded with the Eagle County Clerk and Recorder's
Office in accordance with the above-listed schedule. The employee housing units
will contain tull kitchen facilities, as defined in Chapter 12, Vail Town Code.5. The bicycle path will run with a straight alignment from the parking area to Katsos
Ranch Road ("punched through" the berm while avoiding vegetation). An
easement will be provided to the Town of Vail for the bike path.6. lf future student enrollment exceeds 330 studenls, the applicant will be required to
appear before the Planning and Environmental Commission again for a revised
conditional use permit.
8. A request for a variance from Sections 12-6H-6 and 12-14-6, Town of Vail Code, to allow
for tfie addition of gross residential floor area and balconies within required setbacks,
located at 303 Gore Creek Drive, Vail Townhouse #2-Cllot 2, Block 5, Vail Village 1"'
Filing.
Applicant: Vicki Pearson, represented by Flon DiehlPlanner: Ann Klerulf
MOTION: John Schofield SECOND: Brian Dovon VOTE: 5-0-1 (Diane Golden
abstained).
APPFOVED WITH 2 CONDITIONS:
1. That no GRFA may be added horizontally beyond the building envelope into the
rear setback.2. Prior to the issuance of a building permit, the applicant must receive approval
from the Army Corps of Engineers for renovation activities in the rear setback.
9. A request for a variance lrom Sections 12-6D-9 (Site Coverage), 12-6D-8 (Density) and
12-6D-6 (Setbacks), Town Code, to allow for a garage and residential addition, located at
2955 Bellflower Drive/Lot 6, Block 6,Vail Intermountain.
Applicant: Alan & Francine PetersPlanner: Allison Ochs
TABLED UNTIL MAY 8. 2OOO
10. Information Update
o Town Gouncil ioint worksession with the PEC on May znd in the Town Council
Chambers, at 1p.m. The purpose of the meeting is to discuss philosply related
to development review projects and how to coordinate between the two boards.
One two-year term PEC vacancy- (Tom Weber).
PEC REPRESENTATIVE AT DRB FOR 2OOO.
Doug Cahill - Jan-Apr.5,'00
Chas Bernhardt - Apr'19, '00
Galen Aasland May 3, '00
Brian Doyon - May 17, '00
AprJun'00
Diane Golden - Jul-Seo '00
John Schofield Oct-Dec'00
1 1. Approval of April 10, 2000 minutes.
The applications and information about the proposals are available lor public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, T5 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the
H earing Impaired, for information.
Community Development Depafi ment
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
April 24, 2000
A request for a variance from Sections 12-6H-6 and 12-14-6, Town of Vail
Code, to allow for the addition of gross residential floor area and balconies
within required setbacks located at 303 Gore Creek Drive, Vail Rowhouse
#2-C, I Lol2, Block 5, Vait Viilage 1st.
Applicant: Mcki Pearson, represenied by Ron DiehlPlanner: Ann Kjerulf
I. DESCRIPTION OF THE REQUEST
The applicant, Vicki Pearson, is proposing a remodel of Vail Rowhouse Unit #2-C. The proposal
calls for the addition of gross residential floor area under the 250 ordinance, the creation of a iunet
feature at the rear of the building, the relocation of a staircase above an existing shed, and the
construction of a deck at the northwest corner of the building adjacent to Gore Creek and Mill Creek.
All improvements would occur above grade as the applicant owns the second and third stories of
the building being remodeled. The first floor of the building is a separate unit with a different owner.
The Vail Rowhouses were constructed prior to the adoption of zoning regulations and are legally
non-conforming in many respects. Due to the existing non-conformity with regard to setbacks, the
applicant's proposal requires lhree variances;
1. The applicant is requesting a (side setback) variance from section 12-6H-6 in order to relocate
a staircase to the west side of the building and bring it into compliance with the uniform building
code. The construction of the staircase would further the existing encroachment of the building
into the required 20 foot side setback in the high-density multiple-family (HDMF) zone. The
building is presently 15.5 feet from the property line on the west side of the property and the
construction of the staircase above an existing shed would require the building envelope be
shifted 2 feet closerto the property line resulting in a setback;f 13.5 feet. This would also
further the existing encroachment of the building envelope into the Mill Creek stream setback
from 5 feet to 7 feet.
2' The applicant is requesting a second (rear setback) variance from section 12-6H-6 in order to
construct a tunet feature on the main and upper levels of the building as well as two bay
windows on the upper level. These features would result in the addition ot nuitAing mass. The
construction of the turret would increase the existing non-conforming setback from 6.5 feet to
4.5 feet.
3. The applicant is also requesting a variance from section 12-14-O of the supplementary
regulations to allow an above-grade deck to encroach more than 5 feet into both ihe 20 fooi
required side and rear setbacks in the high-density multiple-family zone. The deck, if built as
ploposed, would be located 5 feet from rear property line, a 15 foot encroachment inlo the rear
setback. lt would be approximately 13 feet from the property line on the west side and located
completely within the 30 foot Mill Creek stream setback.
The proposal also involves raising the main roof ridge of the building from 30'6" to 39'. The turret
feature would be 43'6" in height. The height limit for a sloped roof in the HDMF zone is 48'therefore
this increase in building height would comply with the Town of Vail code. However, this alteration
would significantly increasing the bulk and mass of the building and should as such be a
consideration of the PEC.
II. STAFF RECOMMENDATION
Staff recommends approval of the request for a (side setback) variance from section 12-6H-
6 to relocate a stairuvay and bring it into compliance with the UBC. Staff also recommends
approval of the request for a variance from section 12-14-6 for the construction of the deck.
These recommendations are based on the following findings:
1. That the granting of the variance from sections 12-6H-6 and 12-14-6 does not constitute a
grant of special privilege inconsistent with the limitations on other properties in the High-
Density Multiple-Family Zone District.
2. There are exceptions or extraordinary circumstances of conditions applicable to the
applicant's property that do not generally apply to other properties in the High-Density
Multiple-Family Zone District.
3. That the granting of the variance will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity.
4. With respect to the construction of a deck, that the strict interpretation or enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by the owners of olher
properties in the same district.
Staff recommends denial of the requesl for a (rear setback) variance from section 12-6H-6
to add GRFA and building mass in the rear setback subject to the following findings:
1 . That the granting of the variance from sections 12-6H-6 and 12-1 4-6 would constitute a grant
of special privilege inconsistent with the limitations on other properties in the High-De;sity
Multiple-Family Zone District.
2. That the strict or literal interpretation and enforcement of the specified regulation would not
result in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of lhe Title.
Should the Planning and Environmental Commission choose to approve any or all of these variance
requests, staff recommends the following conditions:
1' That the applicant shall receive approval from all relevant utility authorities prior to any renovationV aclivities in the 10 foot utility easement at the rear of the property.
ilt.ROLES OF THE REVIEWING BOARDS
Plannino and Environmental Commission:
Action: The PEC is responsible for final approval/denial of a variance.
The PEC is responsible for evaluating a proposal for:1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulalion is necessary to achieve compatibility and uniformity of treatmeni
among sites in the vicinity, or to attain the objectives of this Title without grant of special
privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.4. Such other factors and criteria as the Commission deems applicable to the proposed
variance.
Desiqn Review Board:
Action: The DRB has NO review authority on a vaiance, but must rcview any accompanying DRB
application.
The DRB is responsible for evaluating the DRB proposal for:1. Architectural compatibility with other structures, the land and surroundings2. Fitting buildings into landscape
3. Configuration oi building and grading of a site which respects the topography4. Removal/Preservation of trees and native vegetation5. Adequate provision for snow storage on-site6. Acceptability of building materials and colors7. Acceptability of roof elements, eaves, overhangs, and other building forms8. Provision of landscape and drainage9. Provision of fencing, walls, and accessory structures
10. Circulation and access to a site including parking, and site distances
11. Provision of outdoor lighting
ZONING STATISTICS
LotSize: nflreZoning: High Density Multiple Family (HDMF)
GRFA:
Setbacks:
Front:
Sides:
Rear:
Site Coverage:
Height
Allowed/Required
250 sq.ft. addition
20'
20'
20'
8827.5 (55%)
43't45'
Existinq
20'
15.s',
6.5',
rer
30'6'
Proposed
250 sq. ft.
no change
13.5'
4.s',
tv.
43'6"
V.CRITERIA AND FINDINGS
The relationship of the rcquested variance to other existing or potential
uses and structures in the vicinity.
With the exception of the proposal to add building mass in the rear setback,
staff believes that the proposed resideniial addition is compatible with the
sunounding development. The Vail Rowhouses have a variety of archilectural
styles and materials and are legally non-conforming structures. Recognizing
lhe existing non-conformities, staff has supported variance requests in the
past. For instance, a side setback variance was granted to lot 1 1 in 1984 and
a variance was also granted to lot 13 in 1 993 in order for a deck to encroach
further into a rear setback than would normally be permitted in the HDMF
zone. Slaff does not support the addition of GRFA and building mass in the
rear setback as lhere are other locations in the applicant's residence where
GRFA could be added without the need for a variance.
The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity or
to attain the objectives of this title without a grant of special privilege.
The requested variances would allow the applicant to remodel an aged
structure bringing it into compliance with the building code and improving its
physical appearance which is highly visible from the Covered Bridge, a major
pedestrian thoroughfare. However, the addition of the tunet would increase
the building envelope and encroachment into the rear setback having an
overall impact on bulk and mass and light and air into adjacent buildings.
With respect to the proposed deck, under normal circumstances, a deck at
a height of more than 5 feet would be allowed to projeci up io 5 feet or half
way into a required setback. The applicant is proposing an above grade deck
which projects 4 feet from the main level with no impact to the site below in
the rear setback. ln the side setback, the applicant has attempted to keep
the deck in line with the existing shed to minimize the impact of lhe deck on
overall mass.
Granting of the requested side setback variance for the relocation of the
staircase and variance from the supplemental regulation for the construction
of the deck would not constitute a grant of special privilege to the applicant.
Granting of the requested rear setback variance for addition of bulk and mass
in the fear of the property, adjacent lo Gore Creek, would constitute a grant
of special privilege.
From an overall perspective, there has been a slrong effo( to minimize site
disturbance while improving the visual appearance of the building and
allowing the applicani reasonable enjoyment of her property.
2.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
With respect to the addition of GRFA in the rear setback, staff believes that
the resulting bulk and mass would have a negative impact on light and air for
adjacent properties.
B. The Plannino and Environmental Commission shall make the followino findinqs before
grantino a variance:
Thai the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitalions on other properties classified in the same
district.
That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity.
That the variance is wananted for one or more of the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally
to other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
1.
2.
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To: TheTownofVail
Department of Community Development
Fromf Virginia C. Welles on behatf ofthe dissenting members ofthe condominium association whose
initial comments are alreadv on file in vour office.
Date: April 24,2000
RE: P and EC hearing on the application requesting variances for Vail Rowhouse #2-Cllot 2, Block 5,
Vail Village l" as submitted by Vicki Pearson, represented by Ron Diehl.
I respectfully request a delay of the above described hearing scheduled for today, MondaJ', Apil 24,
2000, at 2:00pm. Vail Tow-nhouses Condominium Association notice is required, and is a prerequisite to
town approval. Some members still believe the Association has had insuffrcient notice on rvhich to act.
and cannot do so until notice is complete. We believe that without proper notice, the Town of Vail has no
jurisdiction to act on this application The Town of Vail, Department of Community Development
accepted an incomplete application for the variance request.
l. Inadequate and insufficient notice to Condominium Association
Condominium Association approval was not received prior to formal application to the Town of
Vail. The Condominium Association was first informed of the proposed proj ect by the Town of
Vail, after the formal application process had been initiated. A subsequent letter. dated March
21,2000, iiom the applicant to the Association members acknowledged that Condominium
Association approval was necessan'and described in general terms the intent of the applicant
with respect to the proposed variances. The Association did not receive notice of the (whole)
proposed project as required rurder the association's bylarvs and it still has not. I do understand
that applicants are entitled to a pre-application conference with the town to receive guidance on a
proposed proj ect and it makes sense for a prospective applicant to understand u'hether
contemplated renovations are feasible under the Town's zonins code.
2. Town Process Questioned
According to the Toun of Vail's application form for the Submittal Requirements for a Variance.
page one, Section One, Pre-Application Conference, states that. ".. .No application can be
accepted unless it is complete...." Section Two, Submittal Requirements, sixth bullet states
"Condominium Association approval where applicable." The lot in question is part of the Vail
Townhouses Condominium Association. It is our understanding that the application is in fact
well along in the review process and the finat hearing for the variance is intend.ed to be held
today. It appears to me that this should not have been allowed under your own procedures.
I note that your planner, Ann Kjerull has attempted to rectifu this situation but because
insufficient notice was subsequently provided the process is still flawed.
For the record, it is important to note that the applicant's initial letter to the Association members
describes only the variances being sought. In fact, under ttre bylaws ofthe Associatiorq the applicant
must give notice for the WHOLE project, not just the variances. The applicant's initial leuer included
only a copy oftwo elevations ofthe proposed rebuild (the unit has tkee sides). It did not include a
complete set ofproposed alterations nor did it show any dimensions. Further, the elevation drawings do
not show how the project would relate to the rest of tlre units in the Condominium Association. A
subsequent communication including some blueprints was also incomplete. Thus, for example. there was
o
Page Two, Welles letter re:Vail Rowhouse #2-Cllot 2, Block 5, Vail Village I't
no way to guess that the roof is to be raised almost 9 and 13 feet. respectively. for the proposed new peak
and tower. It only makes sense that all the owners in the Condominium Association wouid need this
information to make an informed decision witlr regards to the acceptability of the proposed project.
I understand that under the current zoning ordinance the applicant is entitled to add up to 250 square feet
and to expand vertically to either 45 or 48 feet above grade (from the existing roofline of30 and one half
feet) depending on the pitch ofthe new roof. However, the applicant must provide complete information
to the Association prior to being granted Association approval for her redesign and rebuild, particularly
since the roof is included in the General Common Elements of the Association.
This Association has a long history of courteous and respectfirl handling of matters impacting the
building. We are confident that this situation can be rectified in a timelv manner provided rve are all
supplied the full inforrnation on the project.
Therefore, it is unacceptable for the Town of Vail to proceed rvith its hearing until all the owners in the
Condominium Association have been provided complete notice of the proposed project. Complete notice
would logically include building elevations and floor plans sufficient to indicate the dimensions, general
appearance, scale and use of all buildings and spaces existing and proposed on the site. This is
information that is requested by the town as part ofthe application for a variance and should not be
difficult to provide to the Association.
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I, the owner of Unit #lL ofthe Vail Towntro'se
Association, disapprcve of vicki pearson's plan to upgrade
her unit # 2c as perttre plans that werc supplied to mc as
Notice of Disapproval
part of this mailing.
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I, the owner of Unit *-*4--of the Vail Townhouse
Association, disapprove of Vict<i Pearson's plan to upgrade
her unit # 2c as per the ptans that were supplied to me as
part of this mailing.
.
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Notice of DisaPproval
I, the owner of Unit #-b g-_of the Vail Townhouse
Aisociation, disapprove of Vicki Pearson's plan to upgrade
her Unit # 2C as per the plans that were supplied to me as
part ofthis mailing.
Signature:
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To: The Town of Vail
Department of Community Development
From: Virginia C. Welles on behalf of the dissenting members of the condominium association rvhose
initial comments are already on file in your office.
Date: April 24"2000
!'E_, -P
and EC^.hearing on the application requesting r,ariances for Vail Rowhouse #2-CtLot2. Block 5.
Vail Village l" as subnitted by Vicki pearson, represented by Ron Diehl.
I respectfully request a delal' of the above described hearing scheduled for today, Monday, April 24,
2000, at 2:00pm. Vail Townhouses Condominium Association notice is requirid. and is-a prerequisite to
town approval. Some members still bclieve the Association has had insufiicient notice on which io act,
and cannot do so until notice is complete . We believe that without proper notice, the Town of Vail has nojurisdiction to act on this application. The Town of Vail, Department of Community Development
accepted an incomplete application for the variance request.
1. lnadequate and insufficient notice to Condominium Association
Condominium Association appror,'al was not received prior to formal application to the Town of
Vail. The Condorninium Association was first inlbrmed of the proposed project by the Tor.r,n of
Vail, after the formal application process had been initiated. A subsequent litter. dated March
21,2000, {iom the applicant to the Association members acknowledged that Condominium
Association approval was necessary and described in general terms the intent of the applicant
with respect to the proposed variances. Thc Association did not receive notice of the (whole)
proposed project as required under the association's byla.,vs and it still has not. I do understand
that applicants are entitled to a pre-application conference with the town to receive guidance on a
proposed project and it makes sense for a prospective applicant to understand rvhether
contemplated renovations are feasible under the Town"s zonins code.
2. Town Process Questioned
According to the Town of Vail's application form for the Submiual Requirements for a Variance.
page one, section one, Pre-Apptication conference, states that. ".. .No application can be
acceptcd unless it is completc. .. ." Section Two, Submittal Requitements, sixth bullet states"Condominium Association approval where applicabie." The lot in question is part of the Vail
Townhouses Condominium Association. It is our understanding that the application is in fact
well along in the review process and the final hearing for the variance is intended to be heid
toda,v. It appeaxs to me that this should not have been allowed under your own procedures.
I note that your planner, Ann Kjerul{ has attempted to recti$r this situation but because
insufficient notice was subsequentiy provided the process is still flawed.
For the record, it is important to note that the applicant's initial letter to tle Association members
describes only the variances being sought. tn fact, under the bylaws ofthe Association" the applicant
must give notice for tlre WHOLE project, not just the variancei. Thc applicant's initial leuer included
only a copy oftwo elevations ofthe proposed rebuild (the unit has three sides). It did not include a
completc set ofproposed alterations nor did it shorv any dimensions. Further, the elevation drawings do
not show how the project would relate to the rest of the units in the Condominium Association. A
subsequent communication including some blueprints was also incomplete. Thus, for example. there was
Page Two, Welles letter re:Vail Rowhouse#2-CtLot 2. Block 5, Vail Village l"
no ivay to guess that the roof is to be raised almost 9. and 13 feet. respectively, for the proposed new peak
and tower. It only makes sense that all the owners in the Condominium Association would need this
fuformation to make an informed decision with regards to the acceptability of the proposed project.
I under$and that under the current zoning ordinance the applicant is entitlcd to add up to 250 square feet
and to expand vertically to either 45 or 48 feet above grade (from the existing roofline of 30 and one half
feet) depending on the pitch of the new roof. However, the applicant must provide completc information
to the Association prior to being granted Association approval for her redesign and rebuild. parricularly
since the roof is included in the General Common Elements of the Association.
This Association has a long history of courteous and respectful handling of matters impacting the
buildiag. We are confident that tlis situation can be rectified in a timely manner provided we are all
supplied the full information on the project.
Therefore, it is unacceptable for the Town of Vail to proceed with its hearing until all the owners in thc
Condominium Association have been provided complete notice of the proposed project. Complete notice
would logically include building elevations and floor plans sufficient to indicate the dimensions, general
appearrnce, scale and use of all buildings and spaces existing and proposed on the site. This is
information that is re quested by the town as part of the application for a r.aniance and should not be
difficult to provide to the Association.
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I, the owner of Unit #*10_A_ of the Vail Toumhouse
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Notice of DisaPproval
I, the owner of Unit *-*F*-of the Vail Townhouse
Associatiorq disapprove of Vicki Pearson's plan to upgrade
her Unit # ?C as per the plans ttrat were supplied to me as
part of this mailing.
Dats: [ha rch 2 6 2 Qo Lt
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EIT{TINGTON flOUSE
Notice of DisaPProval
I, the owner of Unit #-b g-of the Vail Townhouse
Association, disappro"ilf Vir[i pearron's plan to upgrade
her Unit # 2C asper the ptans that were supplied to me as
' - Part ofthis mailing'
I l Date: a\*aS \o q ..
Signature:
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=u:\a:: _=*rltn ' 6\nc,t,[t]vr . bis.rAr^ + John t)eltt-',
UTILITY LOCATION VERI FICATTON
This form is to vcrifu scrvicc availabiliry and location for new construction and should bc uscd in conjunction
with prcparing your utiliry plan and schcduling installations. Thc location and availability of utilities. whethcr
thry be rnain trunk lincs or proposed lincs, must bc approvcd and verified by thc following utilitics for the
accompanying sitc plan.
a
U.S. Wcst Communications
t-800-922-1987
468-6860 or949-4530
Public Service Company
949-578I
Gary Hall
Holy Cross Electric Assoc.
949-5892
Tcd Husky/John Boyd
T.C.I.
949-5530
Floyd Salazar
Eaglc Rivcr Watcr
& Sanitation District *
476-7480
Frcd Fla,slcc
Lt - 2l- looo
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+ Plca.sc bring a sitc plan, floor plan. and clcvations whcn obtaining Upper Eagle Vallcy Watcr & Sanitation
signahrrcs. Firc ll orv nccds rnust bc addrcsscd.
NOTES:
If the utility verification fornr has signaturcs fronr each ofthe utility companies, and no
colnlncnts arc tnadc directly on thc ibrm. thc Town rvill prcsunrc that therc are no protrlems and
the dcvclopmcnt can procced.
If a utility company has conccms with thc proposcd construcfion. the utility rcprcscntative shall
note directly on thc utility vcrification fonn that there is a problcm which needs to bc rcsolve4.
Thc issuc should then bc dctailcd in an atached lcttcr to the Town of Vail. However, pleasc
kccp in mind that it is thc responsibility ofthe utility company and the applicant to resolvc
idenrificd problems.
These vcrifications do not rclicvc the contractor ofthc responsibiliry to obtain a Pubtic Way
Pennit fiom thc Departmcnt of Public Works at thc Town of Vail. Utility locations must be
sbbinrcd before dieging in any public right-of-way or eascncnt within thc Town of vail. A
2.
J.
Updated 6/97
I \
I. PRE.APPLICATION CONFERENCE
A prc-application confcrcncc wilh Town of Vail staff is rcquircd. No application can hc acccpted unlcss thc
nrantlatory pre-application nrceting has becn corrrpleted. It is the applicant's rcsponsibility to schcdulc this
rnccting by calling 970-479-2128.
II" IME-REAUIREMENIS
The Dcsigrr Revicrv Board mccts on thc lst and 3rd Wednesdays of each month. A complcte application
fornr and all acconrpanying material nrust bc accepted by the Comnrunity Development Department a
tninirntrm of thrcc and a half (3 l/2) weeks prior to thc date of thc DRB public hearing.
III. REVIEW CRITERIA
Your proposal will be reviewed for conrpliancc with thc Dcsign Guidclines as sct forth in Section 18.54 of the
Municipal Codc.
ru. NOTE TO ALL APPLICANTS:
A. Ifa property is locatcd in a mappcd hazard arca (i.c. snow avalanchc, rocldall. floodplain, debris
flow, rvetland, etc). a hazard study must bc subrnittcd and thc owncr nrust sign an affrdavit
rccognizing the hazard report prior to thc issuarrcc of a building permit. Applicants aro encouraged
to chcck with thc planning staff prior to subnrittal of a DRB application to deterrninc the rclationship
of thc propcrty to all nrapped hazards.
B. Basic Plan Shcct Fornut. For all survcys, sitc plans, landscape plans and othcr sitc improverncnts
plans. all of thc followiug nrust bc shown.
I . Plan shcct sizc rrrust bc 24"x 36" . For largc projects, largcr plan sizc may bc allowcd.
2. Scalc. Thc minimunr scale is l"=20'. All nlans nrust bc atthc sanrc scalc.
3. Craphic bar scalc.
4. North arrorv.
5. Titlc block. pro.icct namc. projcct adtlrcss and lcgal dcscription.
6. lndication ofplan prcparcr, address and phonc nuntbcr.
7 . Datcs of original plan prcparation and all rcvision datcs.
8. Vicinity nrap or location nrap at a scalc of | "= I ,0fi)' or largcr.
9. Shcct labcls and nunrbcis.
l0 . A bordcr with a minimum lcft side rnarein of L5".
I l Narncs ofall adjaccnt roadways.
12. Plan legcnd.
C. For new construction and additions, the applicant must stake and tape the project site to indicate
propcrfy lincs, proposed buildings and building comers. All trees to be rcmoved must be taped. Thc
applicant must ensurc that staking done during the winter is not buried by snow. All site tapings
and staking must be completcd prior to thc day of the DRB meeting.
D. Applicants who fail to appear before the Design Revicw Board on their scheduled meeting date and
who have uot asked in advance that discussion on their item be postponed. will have thcir itenu
removed from the DRB agenda until such time as the itcm has been republished.
E. lf the DRB approvcs the application with conditions or modifications, all conditions of approval
nrust be rasolved prigl to the issuance ofa building permit.
.1 5 Updated 6/97
o
Department of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-479-213I
FAX 970-479-2452
March 14.2000
Ron Diehl
Vailco Design Group, LLC
P.O. Box 639
Vail, CO 81658
Re: Pearson variance reouest
Dear Ron:
This is a follow-up to the Monday, March 13 Planning and Environmental Commission in regard to vour
requests for variances at the Pearson property located xLot2- Block 5, Vail Village l"t Filing. At the
meeting, it scemed as though the PEC was favorable toward the requests for the side setback variance and
the deck encroachment variance. Hor,vever. their votes n'ere split on tJre rear variance request. In this
case. it is diffrcult to prove that a physical hardship exists (ie. the proposed gross residential floor area can
potentiall.v be accommodated elsewhere on the propertv).
Prior to you11ex1 meeting rvith the PEC, you and your client .lrill have to determine n'hether or not vou
$'ant to modiSr your original variance requests. For example, as ue have discussed" you rnav rvish io pull
the turret feature back into the existing building envelope to minimize the encroachment of bulk and mass
in the rcar setback and eliminate the impact on air and light for adjacent property owners. As 1'ou may
recall, you did stat€ to the PEC for the record, that it is possible to pull the pioposed turret feature back
into the existing building envelope. You may also rvish to re-examine the proposed addition and look at
using other areas on the propertv r.vhich would not require variance requests. For example. the second
floor sun room could be enclosed as you had originally planned.
Regardless of your decision, there are trro issues that must be resolved prior to presenting any variance
requests to &e Planning and Environmental Commission. These are as follows:
l . Plans submitted to the PEC must propose not more than 250 square feet of gross residential floor area
as per the Town ofVail Code.
2. A site plan is required rvhich shows the existing and proposed building envelopes, required 20 foot
setbacks, the Gore Creek and Mill Creek stream setbacks, and any easements which exist on the
property. This is necessarl, in order for staffto perform an accurate zoning analysis and to determine
the proposed impacts on site coverage and setbacks. As a reminder. the survey oft}e property
reflects that lots I through 6 have been condominiumized. Hencc, any required setbacks are
{,7 *""'""" '^'uo
measrred from the perimeter of these lots and not any intemal lot lines which may have existed
previously. Also, the existing and proposed building footprint must be shovm foi lots I tlrough 6
inclusively.
Provided that these required materials are submitted by March 22'd and that stafffeels your application is
complete, you will receive a call from the Community Development Departrnent confirming ybur place
on the March 27tt'PF;C agenda.
If you have any questions or comments, please do not hesitate to contact me at 479-zl2g or
akjerulf@ci.vail.co.us.
Sincerelv.
Approved March 27, 2000
3. A request for a variance from Sections 12-6H-6 and 12-14-6, Town of Vail Code, to allow
for the addition of gross residential floor area and balconies within required setbacks,
located at 303 Gore Creek Drive, Vail Townhouse #2-ClLot 2, Block 5, Vail Village 1"i
Filing.
Applicant: Vicki Pearson, represented by Ron Diehl, ArchitectPlanner: Ann Kjerulf
Ann Kjerulf gave an overview of the staff memo.
Galen Aasland asked if the applicant had any comments.
Vickie Pearson, the applicant, showed photographs of the property in the 60's. She said this will
be postcafd quality, as she plans on doing top of the line redevelopment. She said it could be a
spectacular building and would like to keep the archiiectural feature in the corner of the buildino
and would be getting the Condo Association's letter of approval.
Ron Diehl, the builder and designer on the project, stated there was a hardship, as it was in the
20' setback and therefore, had to change the massing of the building. He mentioned people
crossing the bridge would see this structure and he would like to impress them. He said they
could add additional square footage in the master, but the massing would have to change.
Galen Aasland asked for any public comment. There was no public comment.
Tom Weber said there was a hardship with this site and he was in favor of the turret, as it was a
nice feature.
Brian Doyon asked if other properties in the Rowhouses or Texas Townhomes were granted
GRFA in the rear setback.
Ann Kjerulf said, not that she was aware of.
Brian Doyon said he was in agreement with the staff memo and said he knew there were other(side setback) variances given to the neighbors
Chas Bernhardt said when the building was first built, there were no restrictions as are in place
now. He said there were several properties in the neighborhood that had received variances,
and so he agreed with the staff memo. He mentioned that the architectural feature was an asset
to the property.
Galen Aasland said he agfeed with chas and also agreed that the towerwould fit.
Ann Kjerulf clarified that it was not in the stream setback, just in the rear setback to the property
line.
Galen Aasland said he could support this application.
Tom Weber made a motion for approval, in accordance with the staff memo. with the exception
of the staff denial with the conditions.
Chas Bernhardt seconded the motion.
Galen Aasland asked if there were any similar rear setbacks.
Ann Kjerulf said, no, not in the file.
Planning and Environmental Commtsston
l\,4inutes
March 13, 2000
Approved March27,20O0
Dominic Mauriello advised the PEC that there would not have had to be a previous variance, aslong as this met the criteria. He mentioned that other properties up and down the street haveenjoyed different levels of encroachment.
Chas Bemhardt said it was nol creating any hardship on light and space.
Galen Aasland asked for clarification of the stream setbacks. He said that he could not supportthe proposed encroachment into the slream setback.
The motion failed by a vote of 2-2.
Brian Doyon made a motion for denial regarding the rear setback.
The motion failed for lack of a second.
Tom Weber suggested the applicant come back to the next meeting when there were moreCommissioners present.
The applicant requested tabling this item.
Tom Weber made a motion to table this item until the next meeting.
Brian Doyon seconded the motion.
The molion passed by a vote of 4-0.
4. A request for a work session to discuss a proposed major amendment to special
Development District #4 (lascade Village), located at 1OOO S. Frontage Road West (Glen
Lyon Office Building)/Lot 54, Block K, Glen Lyon Subdivision.
{RRlicant: Dundee Realty, represented by segerberg Mayhew ArchitectsPlanner: George Ruther
Greg Finch, of Dundee Realty, summarized the old and new parts of the proposar.
Kurt Segerberg, representing the applicant, showed the site plan and how they tried to reducethe bulk and mass of the building along the ends of the building. He said by turning some of thespaces up on the 4th level they c-ould r6duce the mass. He said he increasid the pltch on the
|ng:.ang 1d!ed e hipped roof. He said some of the materials were more lodge in feeling andthat the height of the building had not been increased. He said they pulled tn6 ouitoing b-ack tomeet the 50' stream setback and would have an arborist on site to iave the trees andhitigatethe trees that couldn't be saved. He said the overall ground level of the project had remaiied thesame.
Chas Bernhardt asked for information on employee generalion.
Greg Finch said they were mixing employee housing with high-end housing .
George Ruther gave an overview of the staff memo. He said the employee housing squarefootage breakdown was on page 3 of the staff memo.
Galen Aasland asked for any public comment. There was no pubric comment.
Planning and Environmental Commission
Minutes
March 13,2000
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmenial Commission
Communily Development Department
March 13,2000
A reguest for a variance from Sections 12-6H-6 and 12-i4-6, Town of Vail
Code, to allow for the addition of gross residential floor area and balconies
within required setbacks located at 303 Gore Creek Drive, Vail Rowhouse
#2-C I Lol2, Block 5, Vail Village 1st.
Applicant: Vicki Pearson, represented by Ron DiehlPlannen Ann Kjerulf
I. DESCRIPTION OF THE REQUEST
Theapplicant,Vicki Pearson,isproposingaremodel of Vail RowhouseUnit#2-C. Theproposal
calls for the addition of gross residential floor area under the 250 ordinance, the relocaiion of a
staircase above an existing shed, and the construction of a deck at the rear of the home adjacent
to Gore Creek and Mill Creek. All improvements would occur above grade as the applicaniowns
the second and third stories of the building being remodelled. The first floor of the building is a
separate unit with a different owner.
The Vail Rowhouses were constructed prior to the adoption of zoning regulations and are legally
non-conforming in many respects. Due to the existing non-conformitywith regard to setbacks, the
applicant's proposal requires three variances:
1. The applicant is requesting a (side setback) variance from section 12-6H-6 in orderto relocate
a staircase to the west side of the building and bring it into compliance with the uniform building
code. The construction of the staircase would further the existing encroachment of the building
into the required 20 foot side setback in the high-density multiple-family (HDMF) zone. The
building is presently 15 feet from the property line on the west side of ihe property and the
construction of the staircase above an existing shed would require the building envelope be.',,,,,o. ==L uruscr .u rre propeny rne resurlrng In a setDacK oe tnrs would also
[u.tt{ the existinqencroachment of the building envelope into the Mill Creek stream setbackfronfleett*et
2. The applicant is requesting a second (rearsetback) variance from section 12-6H-6 in orderto
construct a turret feature on the main and uppef levels of the building as well as two baywindows on the upper level. These features would result in the addition of nritAing mass. Thiconstruction of the turret would increase the existing non-conforming setback fronillo
3. The applicant is also requesting a variance from section 12-14-6 of the supplementary
regulations to allow an above-grade deck to encroach more than 5 feet inlo both the 20 fooirequired side and rear setbacks in the high-densiiy mulliple-family zone. The deck, if built as
proposed, would be localed 5 feet from rear property line, a 15 foot encroachment into the rear
setback. lt would be approximately 13 feet from the property line on the west side and located
completely within the 30 foot Mill Creek stream setback.
II. STAFF RECOMMENDATION
Staff recommends approval of the request for a (side setback) variance from section 12€H-
6 lo relocate a stairway and bnng it into compliance with the UBC. Statf also recommends
approval of the request for a variance from section 12-14-6 for the construction of the deck.
These recommendations are based on the following findings:
1. That the granting of the variance from sections 12-6H-6 and 12-14-6 does not constitute a
grant of special privilege inconsistent with the limitations on other properties in the High-
Density Multiple-Family Zone District.
?. There are exceptions or extraordinary circumstances or conditions applicable to the
applicant's property that do not apply generally lo other properties in the High-Density
Multiple-Family Zone District.
3. That the granting of the variance will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity.
4. With respect to the construction of a deck, that the strict interpretation or enforcement of the
specified regulation would deprive the applicant of privileges enloyed by the owners of other
properties in the same district.
Staff recommends denial of the request for a (rear setback) variance from section 12-6H-6
to add GRFA and building mass in the rear setback subject to the following findings:
1 . That the granting of the variance from seclions 12-6H€ and 12-14-6 would constitute a grant
of special privilege inconsistent with the limilations on oiher properties in the High-Density
Multiple-Family Zone District.
2. That the strict or literal interpretation and enforcement of the specified regulation would not
result in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of the Title.
Should the Planning and Environmental Commission choose to approve any or all of these variance
requests, staff recommends the following conditions:
1.
2.
d\add no-'''
and \at flgor
ard. \-,'
square -fi;j6lrpf GRFA as
y witf.,this reg\tion .prior
3. That the applicant shall receive approval from all relevant utility authorities prior to any
renovation activities in the 10 foot utility easement at the rear of the property.
III, ROLES OF THE REVIEWING BOARDS
Planning and Environmental Commission:
Action: The PEC is responsible for final approval/denial of a variance.
The PEC is responsible fof evaluating a proposal for:1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity, or to altain the objectives of this Title without grant of special
privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.4. Such other factors and criteria as the Commission deems applicable to the proposed
variance.
Desiqn Review Board:
Action: The DRB has NO rcview authoity on a variance, but must rcview any accompanying DRB
application.
The DRB is responsible for evaluating the DRB proposal for:1. Architectural compatibility with other structures, the land and surroundings2. Fitting buildings into landscape3. configuration of building and grading of a site which respects the topography4. Removal/Preservation of trees and native vegetation5. Adequate provision for snow storage on-site6. Acceptability of building materials and colors7. Acceptability of roof elements, eaves, overhangs, and other building forms8. Provision of landscape and drainage9. Provision of fencing, walls, and accessory structures
10. Circulation and access to a sile including parking, and site distances
11. Provision of outdoor lighting
ZONING STATISTICS
Lot Size: 16,050 sq. ft.Zoning: High Density Multiple Famity (HDMF)
tv.
GRFA:
Setbacks:
Front:
Sides:
Rear:
Site Coverage:
Allowed/Required
250 sq.ft. addition
20'
20'
zv
8827.5 (s5%)
45.148
Existinq
zu
15'
6.9',
6ese (43%)
9q
Proposed7o<D%e.
no change
12.s',
4.5'
t\
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W^gt* ,ftwqf
V.CRITERIA AND FINDINGS
A. Consideration of Factors Reoardine the Site Coveraqe and Setback Variances:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
With the exception of the proposal to add building mass in the rearsetback,
slaff believes that the proposed residential addition is compatible with the
surrounding development. The Vail Rowhouses have a variety of
architectural styles and materials and are legally non-conforming structures.
Recognizing the existing non-conformities, staff has supported variance
requests in the past. For instance, a side setback variance was granted to lot
11 in 1984 and a variance was also granted to lot 13 in 1993 in orderfor a
deck to encroach further into a rear setback than would normally be permiited
in the HDMF zone. Staff does not support the addition of GRFA and building
mass in lhe rear setback as there are other locations in the applicant's
residence where GRFA could be added without the need for a variance.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity or
to attain the objectives of this title without a grant of special privilege.
The requested variances would allow the applicant to remodel an aged
struclure bringing it into compliance with the building code and improving its
physical appearance which is highly visible from the Covered Bridge, a major
pedestrian thoroughfare. However, the addition of the turret would increase
the building envelope and encroachment into the rear setback having an
overall impact on bulk and mass and light and air into adjaceni buildings.
With respect to the pfoposed deck, under normal circumstances, a deck at
a height of more than 5 feet would be allowed to project up to 5 feet or half
way into a required setback. The applicant is proposing an above grade deck
which projects 4 feet from the main level with no impact lo the sile below in
the rear setback. In the side setback, the applicant has attempted to keep
the deck in line with the existino shed to minimize the impact of the deck on
overal mass.
Granting of the requested side setback variance for the relocation of the
staircase and variance from the supplemental regulation for the construction
of the deck would not constitute a grant of special priviledge to the applicant.
Granting of the requested rear setback variance for addition of bulk and mass
in the rear of the property, adjacent to Gore Creek, would constitute a grant
of special priviledge.
From an overall perspective, there has been a strong effort to minimize site
disturbance while improving the visual appearance of the building and
allowing the applicant reasonable enjoyment of her property.
2 The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facitities and
utilities, and public safety.
with respect to the addition of GRFA in lhe rear selback, staff believes thar
the resulting bulk'and mass would have a negative impact on light and airfor
adjacent properties.
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
distric{.
That the granting of the variance will not be detrimental to the public heafth,
safety or welfare, or materially injurious to properties or improvements in lhe
vicinity.
That the variance is warranted for one of more of the following reasons:
a. The strict literal interpretation or enforcement of {he specifieo
regulaiion would result in practical difficulty or unnecessary physical
hardship inconsistenl with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally
to othef properties in the same zone.
c. The strict interpreiation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
B.
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Februarv 22- 2000
Ron Diehl
Vailco Design Group. LLC.
P.O. Box 639
Vail, CO 81658
Re: Pearson variance request
Dear Ron:
I am writing to inform you ofthe status ofthe Pearson variance application. There are nvo issues that
must be resolved prior to presenting the variance request to the Planning and Environmental Commission.
These are as follows:
As you are already aware, all of the allowable GRFA on Ms. Pearson's property has been completely
utilized. However, according to section t2- l 5-5, it is possible to add up to 250 square feet of GRFA
under the Town's 250 ordinance. The plans thet you have submitted reflect a proposal to add 278 square
feet of GRFA. This includes the proposed foyeg sur room, stairway, and bay windows. [n order to
comply rvith the ordinance, 28 square feet of GRFA rvill lrave to be removed from the proposed plans.
ln addition, the PEC application submittal requirement for a site plan showing the existing and proposed
building footprint has not been satisfied. This information is critical so that a complete zoning analysis
can be performed and presented to the Planning and Environmeirtal Commission. It will also influence
the decision by staff to recommend either an approval or a denial of the variance request.
Due to these outstanding issues, the Pearson variance request u'ill be tabled until the next PEC meeting
which is scheduled for March 13. 2000.
Ifyou have any questions or commerts, please do not hesitate to contact me at 479'2128 ot
akjerulf@ci.yar{.clo=:lt.
Sincerely,
TOWN OFVAIL
Department of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-479-2138
FAX 970-479-2452
{S ouo"uor o^
DESIGN REVIEW BOARD AGENDA
Wednesday, May 3, 2000
3:00 P.M.
PUBLIC MEETING SCHEDULE
PROJECT ORIENTATION / LUNCH- **"**ADMIN CONFERENCE
MEMBERS PRESENT
Clark Brittain
Bill Pierce
Hans Woldrich
Melissa Greenauer
Galen Aasland ( PEC)
SITE VISITS
MEMBEHS ABSENT
ROOM**"**11 :30 am
1:00 pm
5. Dorrance-97 Rockledge Road
6. VAC - 352 East Meadow Drive
1. McKeeta - 1808 Alpine Drive2. Town Managefs - 2507 Arosa Drive3. Carnie residence - 2920 Manns Ranch Road4. VailMountain School-3160 Katsos Ranch Rd.
PUBLIG TIEAHING . TOWN COUNCIL CHAMBERS
1. Town Manager's Residence - Fleview of proposed exterior modifications
2507 Arosa Drive / Lot 5, Block D, Vail Das Schone Fil. 1
Applicant: Town of Vail
CONCEPTUAL-NO VOTE
2. Cummings/Reske residence - Final review-oi a new single-family home.
5146 Gore Circle/Lot 3, Block2, Bighorn 5'" Addition.
Applicant: Greg Cummings & Brian Reske
MOTION: Hans Woldrich SECOND: Melissa Greenauer
APPROVED WITH 4 CONDITIONS:
VOTE:5-0
3:00 pm
Ann
Ann
1. The stone {oundation shall be carried around both sides and rear of the building and shall be
3' in height and stepped.2. The chimney on the west side of the building shall be flared with stucco treatment and shall
have a wood band and brackets at its base.3. The house shall be sprinklered per Fire Dept. requirements.4. Finished grades shall not exceed 2:1 per Public Works Dept. requirements.
3. Carnie residence - Conceptual review ol a new single- family home.
Site 4, Unplatted.
Applicant: John A. & Joan T. Carnie, represented by Michael Lauterbach
CONCEPTUAL-NO VOTE
Brent
.l
4. Golden Bear Building - New roof material. Allison
286 Bridge StreeVLot A, Block 5A, Vail Village 1"t Filing.
Applicant: 286 Bridge St., Inc.
STAFF APPBOVED
5. Axelrod residence - Final review of a new primary residence & EHU' Brent
1977 Circle Drive/Lot 25, Buffehr Creek Subdivision.
Applicant: Judith & Arthur Axelrod, represenled by Peel/Langenwalter Architects
CONSENT APPROVED WITH 1 CONDITION:
1. A staff approval of the zoning and engineering issues is required'
6. Vail Athletic Club - Final review of landscape plan. * George
352 East Meadow Drive/A part ot Tract 3, Vail Village 1-' Filing'
Applicant: VML, L.L.C., represented byTom Braun
MOftOru' Bill Pierce SECOND: Hans Woldrich VOTE: 5-0
APPROVED WITH 2 CONDTIIONST
1. That the developer submits a plan indicating screening of .the gas/electric meters and the
grate at the front of the hotel for staff review and approval'
Z. That the developer removes the abandoned lands.cape improvements at the west end of
tne propedy?;ffio'iliil;# 'iJitfint'T6*n oiviliin"ieitbring the siream tract area south
of the hotef.
7. McKeeta residence - Final review of an amended landscape plan'
1808 Alpine Drive/Lot 14, Vail Village West 1-' Filing.
Applicant: Gordon McKeeta
MoftOru: Hans Woldrich SECOND: Bill Pierce VOTE: 5-0
UPHOLD STAFF DENIAL
8. Vail Mountain school - conceptual review of proposed campus e-\pansion'
3160 Katsos Ranch Road/Part of Lot 12, Block 2, Vailvillage 12"' Filing.
Applicant: Vail Mountain School, represented by Gwathmey Pratt Schultz Architects
CONCEPTUAL-NO VOTE
9. Adam residence - Architectural proiection
765 Forest Road/Lot 8, Block z,'vail vittage 6fr Filing'
Applicant: Fritzlen,Pierce,Smith
CONCEPTUAL_NO VOTE
10. Dorrance residence-Conceptual review of proposed access'
97 A/B Rockledge Rd./Lots 2,3, Block 7, Vail Village 1"'.
Applicant: Resort Design
CONCEPTUAL_NO VOTE
George
Allison
.,i I
11. Telemark Townhomes - Review of proposed repaint. Ann
1090 Vail View Drive-1083 Lionsridge Loop/Lot 81 , Block B, Lionsridge Filing 1.
Applicant: Meg Bernet representing Telemark Townhomes Board of Directors.
CONCEPTUAL-NO VOTE
Staff Approvals
Bald Mountain Townhomes - lnterior/exterior remodel and addition. Ann
2350 Bald Mountain Road #4/Lot 26, Block 2, Vail Village '13'n Filing.
Applicant: Dr. Boscardin
Bald Mountain Townhomes - lnterior/exterior remodel and addition. Ann
2350 Bald Mountain Road #3/Lot 26, Block 2, Vail Village 13'n Filing,
Applicant: Harry Greenberg and Ann Ferris
AllisonWiley residence - Revisions to garage doors.
1538 Spring Hill Lane/Lot'14, Block3, VailValley 1"'.
Applicant: Wiley Family Limited Partnership
Vail Mountain Adventure Center - Change out sign faces for summer. Dominic
254 Bridge Street/Lot L, Block 5A, Vail Village 1"'Filing.
Applicant: Blanche Hill
Deevy residence - Temporary site development sign. Ann
736 Forest Road/Lot 11, Block 1, Vail Village 6" Filing.
Applicant: Brian and Caryn Deevy
Lodge at Vail- Windodskylight addition. Ann
174bore Creek Drive, Uniis +Oz & 409/Lots A,B,C, Block 5C, Vail Village 1"' Filing-
Applicant: MDJS&S Partnership
Kemp residence - Deck extension. Ann
1379 Westhaven Circle/Lot 2, Glen Lyon.
Applicant: Jack Kemp
Scheidegger duplex - Basement conversion lnto GRFA. Brent
2450 Chamonix Lane/Lot 7, Block B, Karin's Ridge Subdivision.
Applicant: Karin Scheidegger
McGervey residence - Antenna installation. Ann
905 Red Sandstone Road/Lot A, Block 1, Sandstone 70.
Applicant: Stephen and Geneva McGervey
Beaver Dam LLC residence - Addition of stone/wood gate to conceal meters. Ann
443 Beaver Dam Road/Lot 4, Block 4, Vail Village 3'o Filing.
Applicant: Beaver Dam LLC
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-21'38 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356,Telephone for the Hearing lmpaired, for information.
t
TOWN OFVATL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
April30, 1999
Vicki Pearson
Ron Byrne & Associates
285 Bridge Street
Vail, Colorado 81657
Re: Vail Rrnvhouse (lnit 2-C
Dear Vicki:
Per your request, following is information regarding the potential for new development at the
above-referenced property. Since this property was developed long before the Town ofVail
implemented zoning regulationg our information on this property is somewhat limited. Please
be advised that any information contained in this letter wiil require verification in the form of
plans/surveys prior to the granting ofany approvals from this office.
Pursuant to Section 12-15-5, Town of Vail Code, this unit has the ability to add an additional 250
square feet of gross residential floor area (GRFA) - provided applicable development standards
are met. Under the applicable zoning (High Density Multiple Family), a site coverage of 55% is
allowable. Our records indicate an existing site coverage on this property of approximately 49o/o
- thus, site coverage does not appeax to be a hindrance to additional development. Required
setbacks on this property are 20 feet on all sides, with an additional 50 foot required setback
from the mean center line of Gore Creek. Existing setback encroachments arel'grandfathered,'
but new development will not be allowed to encroach upon required setbacks without the
gnnting of a variance. Allowable building height for this project is 45 feet for a flat or mansard
roof and 48 feet for a sloping roof I would be happy to determine the existing building height
for this unit if you can provide our offrce with a topographic survey and improvement location
certificate (ILC) for the property that indicates roofridge elevations.
IfI can be offurther assistance in this matter, please do not hesitate to contact fire at (g7O\ 479-
2t28.
Sincerely,
br--rf '-.-:-t
Brent Wilson
Planner I
{S *n""ttorn t"
Qrcstio,ftrll thc Planning Staff at 479-2llt
PLICATION FOR PI,ANNII.IG AND ENVIRONMENTAL
COMMISSION APPROVAL
GENERAL INFORMATION
This application is for any project requiring approval by thc Planning and Environmcntal Commission. For specific
infornution, sce thc submittal requirements for thc particular approval that is rqucstcd. Thc application can not bc
accepted until all required information is submittcd. Thc project may also necd to be revicwed by thc Town Council
and/or thc Dcsign Review Board.
A. TYPE OF APPLICATION:
fr aOditional GRFA (250)
tr Bed and Breakfast
n Conditional Use Permit
tl Major or fl Minor Subdivision
n Rezoning
n Sign Variance
El Variancc
tr Zoning Codc Amcndment
B.DESCRIPTIONOFTHEREAUEST: LI6q LP LITC TA ADP TU('
P-tuvL Awce ru YI+a. gbLA oF T*rt Bqrc0 tt+s
a
AP
tr Amendmcnt to an Approved Developmcnt Plan
n Ernployee Housing Unit (Type: _-)tr Major or E Minor CCI Exterior Alteration .
(VailVitlage) ii
n Major or E Minor CCII ExtcriorAltcration
(Lionshead)
Special Development District
Major or E Minor Amcndmcnt to an SDD
n
u
T0WN0FVIIIL
c.
D.
LOCATION OF PROPOSAL:
ADDRESS: 5O
ZONING:
FILING t/v ts
BUILDINGNAME: UULI-tn
<..,
Lsg
NAME oF owNER(s 1, rJ l LK L ? @tSVSo N -
MAILINC ADDRESS:.B
.H. FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE.
F.owNER(s)sIcNAruRBlrl' (J-E P-=-
NAME oF REPRESENTATTve, Pqd D Ell L
MAILINGADDRESS:eo. grx 63
VAIL ,Lo El({6 PHONE:2-(-)27
DJe - |lft k"x)
3{o-{}t\,
SUBMIT THISAPPLICATION,.A.LL SUBMITTAL REQUIREMENTS AND THEFEE TO THE
DEPARTMENT OF COMMIJNITY DEVELOPMDNT, 75 SOUTH FRONTAGE ROAD.
Rcvird &96
?A{tz-Lu ^(o,
Jrct aALjD eb
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BLOC
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VAIL, COLORADO E1657.
Application out : &IQ pEC Meeting
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Quc.tio,lCall thc Planning staffat 479-2ljg
PLICATION FOR PI,ANNING AND ENVIRONMENTAL
COMMISSION APPROVAL
GENERAL INFORMATION
This application is for any projcct rcquiring approval by thc Planning and Environmcntal Commisiion. For specific
information. sce thc submittal requiremcnts for thc particular approval that is rcc;ucstcd. Thc application can not bc
acccptcd until all required information is submitted. Thc project may also necd to be revicwed by thc Town Council
and/or thc Dcsign Review Board.
A. TYPE OF APPLICATION:
{ aOditionat CRFA (250)
tr Bcd and Brcakfast
tr Conditional Use Pennit
tr Major or E Minor SubdivisionD Rezoning
n Sign Variance
fr Variancc
n Zoning Codc Amendnrent
DESCRIPTION OF THE REQUEST:AlD lrto r.l 14L
BE Aep 0VE?- A$ €t*l SrlCt Frlofrsg aA (l+6- €OE of fUq-
tr
tr
o
AP
tr Amcndmcnt to an Approved Developmcnt Plan
n Ernployce Housing Unit (Typc:
tr Major or E Minor CCI Extcrior Altcration
(VailVillage) ' i ;tl Major or tr Minor CCII Extcrior Alteration
(Lionshead)
Spccial Dcvclopmcnt District
Major or E Minor Amendmcnt to an SDD
B.L'd[L- b?.g-.$ LlotaL_D
BufLDrFlt. A ?ooF Uoc.rrD BG fl*tp,€cloq&C) Al{t SfAtf{ uouLIJ g.ta?LL4<- TlLe-ktFEb
C. LOCATION OF PROPOSAL: LOT_BLOCK_ FILINC
ee*
ADDRESS: 36 IBUILDING NAME:
D.
E.
ZONING:
NAMEoFowNER(s), Vl cKt PeaPsoN
MAILTNG ADDRESS:
PHONE T?O-o6otr
F. OWNER(S) SIGNATURE(S)
C. NAME OF REPRESENTATIVE
MAILING ADDRESS:
.H,FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE.
SUBMIT THIS APPLICATION,ALL SUBMITTALREQUIREMENTS ANDTHE FEE TO THEDEPARTMENT OF COMIVTIJNITY DEVELOPMENT, T5 SOUTH FRONTAGE ROAD.
For Office Use Only:
Fec Paid:- Ck#:-- By:
Application Date;- pEC Meeting Datc:_
pHoNE: ?L(- ?727
Rcvi*d 6t96
(oA) Hqq.s g
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)r9{{'L
VAIL, COLORADO 81657.
/, dbfi ; Panastrric rRD/FRx
O
pHor.tE N0. : st@833 O Feb. 62 zaw w:rrrltl p63
,'
Fcbruary 2, 2000
TO: BRENTRE: Vafl Townhouse remodel
FROM: Vicki Pearson
l. Millcreck Court
Att. Vis
302 Gore Crcqck Drive
Vail, Co. 81657
2. Motmtainhaus Cordominiums
Mr. Tery Hees
292 EastMeadowDrivc
Vail, Co.81658
3. Mountainhnus Condominiums
Mr. TomasZeisel
292 Ea$tMeadow Drive
Vail, Co. 81657
4. DAVID GORSIJCH
Corsuch Ltd.
263 Gore Creek Driw
Vail, Co.81657
VAII, TOWNHOTJSES
5. Richard K. Parker I.]NIT 2A
33298,. Bayaud # I5l4
Denv€r, Co. 80209
6. Richnrd & Nancy S. Parker---- t Nff 2D
3329F,. Bayaud #1514
Donvet, Co. 802097. JamesM. Todd -UNIT2B
Euwer, RobertM- &Bubra
5728 S. callup St.
Lifildo& Co.80120
8. Gore Cresk Parrrership '--*-IINIT 3A
c/o Olive C. Wutson
t00 Fieldpoint Cir,
Greenwich, Ct.06830
9. Stsurart Colton ---.
232 Harshorn Drive
UNIT 38
i FR$'l : Panasont c TAn/FAx ^ trHONE N0. : 5?64833 |' Feb. @.2^ffi W, m/fr1 pW
n,4.t
ShortHills, N.J. 07078
l0.Mr. Robert J. & Dcannc J. Tuclrcr trNIT 4A
31033 Buttermilk Cr.
Bvugreem, Co. 80439
I l.Jrh l***-
4600 $, Monroe tn,
Englarood, Cq 801t0
l2.Family Vail Lp.-*-- ----*-*----UNIT 5A Jay A. hitz.kcr
Ater Kate Mitchsll-Tax Dept.
200 W. Madison
Chicago, n.60606
l3.Fnmity Vail Lp.5B Jey A.Priuker
200 W,Ivladison St.. Ste. 3800
Chicngq Il. 60606
l4.Willian B. & G. Mitchcll ------l.JNlT 6A Elton &
MargrettnParks & Sons
Whircf:ord Parksr E.M.B CL&
Box 1440
Eagle, Co. $t631
lS.Brbara Wallss & John G- -------*----UNIT 6B
I 133 Raoe St. t l-B
f,)env€r, Co. 80206
fs rrer,,'r rH,$5[lt#BH- '*o"lv
NOTTCE lS HEREBY GTVEN that the Planning and Environmental commission of the Town of
Val *ift hold a public hearing in accordance riith Section 12-3-6 of the Municipal Code of the
Town of Vail od February 28: 2000, at 2:00 P.M. in the Town of Vail Municipal Building. h
consideration of:
A request for final review of a proposed major amendment lo_special Development District #4
(Casiade Vilage),located at i00b S. Front-age Road West (Glen Lyon Office Building)/Lot 54'
Block K, Glen Lyon Subdivision.
Applicant: Dundee Realty, represented by Segerberg Mayhew Architects
Planner: George Ruther
A request for a conditional use permit, to allow for the conversion of existing,hotel lo,9f:jlo
emptbyee housing units, locateil at2211 N. Frontage Rd. (Wesl Vail LodgeyLot 1, varl das
Schone ff3.
Applicant: Reaut CorporationPlanner Brent Wilson
A request for a conditional use permit, to allow for the construction ol an addition to the existing
raw water intake structure and ilump station, located on Black Gore Drive/Lot 8, Heather of Vail.
Applicant: Eagle River Water and Sanitation District
Planner: Brent Wilson
A request for variances from Section 1 2-6C-6, Section 1 2-6D-6, and Section 12-14-6, Town of
Vail Code, to allow for an extended entry,..trash enclosure and deck expansion, located at 706 W.
Forest Boad/Lot 9, Block 1, VailVillage 6"'Filing.
Applicant: Cliff lllig, represented by Beth Levine
Planner: Allison Ochs
A request for a variance from Sections 12-6H-6 and 1 2-14-6, Town of Vail Code, to allow for the
addition of gross residential floor area and balconies within required setbacks.
Applicant:
Planner:
Vicki Pearson, represented by Ron Diehl, Architect
Ann Kierulf
A request for a minor subdivision, to allow lor an amendment to a previouslyplatted.building
enveiope and a revised lot access, located at 1452 Lionsridge Loop / Lot 4, Flidge at Vail-
Applicant: Mike YoungPlanner: George Ruther
The applications and information about the proposals are available for p-ublic inspection during
reguldroffice hours in the project planner's bffiie tocated at the Town of Vail Community
De"velopment Department,'TlSodtn Frontage Fload. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, tor information'
t-
,vftw\t , lllfi
Published February 11, 2000 in the Vail Trail.
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O* ,-r, MAY AFFEcr ror* ,*ort,
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on February 28, 2000, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for final review of a proposed major amendment to Special Development District #4
(Cascade Village), located at 1000 S. Frontage Road West (Glen Lyon Office Building)/Lot 54,
Block K, Glen Lyon Subdivision.
Applicant: Dundee Realty, represented by Segerberg Mayhew ArchitectsPlanner: George Ruther
A requesl for a conditional use permit, to allow for the conversion of existing hotel rooms into
employee housing units, located at2211 N. Frontage Rd. (West Vail Lodge)/Lot 1, Vail das
Schone #3.
Applicant: Reaut CorporationPlanner Brent Wilson
A request for a conditional use permit, to allow for the construction of an addition to the existing
raw water intake structure and pump station, located on Black Gore Drive/Lot 8, Heather of Vail.
Applicant: Eagle Fliver Water and Sanitation DistrictPlanner: Brent Wilson
A request for variances from Section 12-6C-6, Section 1 2-6D-6, and Section '12-14-6, Town of
Vail Code, to allow for an extended entry,.trash enclosure and deck expansion, located at 706 W.
Forest Road/Lot 9, Block 1, Vail Village 6'n Filing.
Applicant: Cliff lllig, represented by Beth LevinePlanner: Allison Ochs
A request for a variance from Sections 12-6H-6 and 12-14-6, Town of Vail Code, to allow for the
addition of gross residential floor area and balconies wilhin required setbacks.
Pearson, represented by Ron Diehl, Architect
Kjerulf
A request for a minor subdivision, to allow for an amendment to a previously platted building
envelope and a revised lot access, located al1452 Lionsridge Loop / Lot 4, Ridge at Vail.
Applicant: Mike YoungPlanner: George Ruther
The applications and information about the proposals are available for public inspection during
regular office hours in the proiect planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call479-
2356, Telephone lor the Hearing lmpaired, for information.
Published February 11, 2000 in the Vail Trail.
Applicant: VickiPlanner: Ann
Chicrgu fitlc InUranr Curymy
ALTA COMMITMENT
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EONDOMINIUM TJTTIT 2C. VAIL T(}rl'NTIOUSEtt qONDOMTNTUMS
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15. IJXLYNNC LE^$ES ANDTENANEIES.
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WARRANTY DEED
THISDEED, I'tade on this day of January 25.2000betHeensAMUELGARY'NANcYGARffijotn.rteNaNrswITHRtGHTSoF
SURVIVORSHIP U/A SEPT. 28. I97O
of the
-
county of
-
and state of Colorado r of the Grantor(s), andVICN PE.ARWNDTFiUA BAiTBARA-DMi6EEZdfr iA-
.*i;"*#
T"* /-
rhose legat address isof the
WITNESS, That the Grantor(s), for and in consideration of the srm of (
+*+ One Million TVo Hundred Fiftv Thousand and 00/100 {.*:r
the receipt and sufficiency of which is hereby acknowledged, has gfanted, bargained,presents does grant, bargain, sett, convey and confirm unto the Grantee(s), his heirs
The 6rantor(s) shalt aM Hitt UARRA T AxD FoREVER DEFEND the above bargained premisespossession of. the crantee(s), his heirs and assigns, against att and eiery p"i"on o"or any part thereof. The singutar nunber shatt iictude-the pturat, and the iturat theshatI be applicabte to att genders.
IN WITmss WIIEREOF the Grantor(s) has executed this deed on the date set--f-o.;
: P.O.BoX6239. v{IL.C=o 81658
_ county of EAGLB and state of Colorado lf tle cranteetsX
DOLLARS
and conveyed, and by
assigns forever, a[[reat_property, together Hith impfovements, if any, situate, tying and being in the CountyEAGLEand state of colorado, described as folloHs:
CONDOMINIUM UNIT 2C, VAIL TO}VNHOUSES coNDo[fIMUM AccoR}ING To THE CoNDoMINIIJM MAP RECoRDED JANUARY
29, 1962 RECEFTION NO. 98752 AND AMENDMEM RECORDED JANUARY 10. 1969 IN BOOK 2I4 AT PAGE 454 AN'DPURSUAM TO THB CONDOMIMUM MAP THEREOF AND PURSUANT TO THE CONDOMIMUM DECLARATION RECORDED
JANUARY 29, 1964 IN BOOK 175 AT PAGE 379, FIRST ADDENDUM TO THE DECLARATION RECORDED JANUARY 29,1964IN BOOK I75 AT PACE 393, SECOND ADDENDUM TO DECLARATION RECORDED MARCH II, 1965 IN BOOK I8i AT
PAGE 5I, AND THIRD ADDBNDUM TO DECLARATION RECORDED DBCEMBBR II, 1965 IN BOOK I87 AT PAGE 465,
COUNTY OF EAGLE, STATE OF COLORADO
atso knoHn as street nunber CONDOMIMUM UMT 2C, VAIL TOWNHOUS$ CONDOMINIUMS
ToGETIIER t.,|ith atl and singul.af and hereditaments and appurtenances thereto betonging, or in anyuise appertainingand the feversion and reversions, remainder and remainders. rents, issues and profits thireoi; and att the estite, righttitte interest' ctajm and demand rhatsoever of the Gfantoris). eiiher in law or equity, of, in and to the above bargain€dprenises, Nith the hereditaments and appurtenances;
To IIAVE AND To HOLD the_said prenises above bargained and described with appurtenances, unto the Grantee(s),his heirs and assigns forever. The Gfahtor(s), for hinrself, his heirs and personaI ripresentat i ves. does covenant. grant,bargain, and agree to and Hith the G.antee(s), his heirs and assigns. that at the tine of the enseiting and detiveryof these Presents, he is welt seized of the p;emises above conveyid, has good, sure, pe.fect, absotute-and indefeasibte
:-.1?a:-9f inheritance, in.IaH, in fee simpte, and has good right; futt poxer and tawfirt authority to grant, bargain.setl ano convey the same in manner and form as aforesaid, and that the same are free and ctear from aLl. former and other
9!9[1t- qT.g"Lns, sates, t i e5, _1ge1, _gssessments, enctrnbrances and restrictions of whatever kind or nature soever,EXCEPT GENERAL rA)<Es AND AssrssMBI.rrs noR rtir vEAR 2000 AND suBsEeuENT yEARs ANp si.riijeCi io inbii rrer"rs nsSET FORTTI ON E)fl{IBTT "A' ATTACHED HERETO AND INCORPORATED HERBIN.
STAIE OF Colora.do
The foregoing instrunent Has
$1,250,000.00 )
in the quiet and peaceable
persons Ianfutly ctaiming the Hhote
singulaf. and the use of any gender
SURVIVORSHIP U/A SEPT. 28. I97O
sotd
and
tnese
the
of
before me
ustee
the_day of_,A. D. _, at_orctock
rjeroriX 'ii12666iigt). . '
Titte# .' V,26,800€....,"
Form llo. 932 Rev 4-94. I,ARRANIy DEED
lrhen Recorded Return to:
ic Record ttD .opE )
acknowt edged January 25, 2000 ,
, c.R,s.)
VaiL Property Sales €d Man&gevnant., Irtc.
ocauon,ocauon,
303 6ore Creek Drive Voil Rowhouse
5 Bedrooms / 2 Bothrooms.
Fabulous creek locotion next to Gorsuch
in the heort of Voil Villoge WITH PARKIN6!
These townhomes ore oll individuolly owned.
Great potentiol. No better locationl
Yearly condo dues for 1998 were $2175.20.
Taxes for 1998 were $446?.72
$1,5OO,000 - Unfurnished
CONTACT: Liso Agett
97O -926 -525? or 97O -926-3404
^;,^;[)C
,l,l.t fr? ,^.
PO. Box 1218 . Avon, Colorirdo fll(:.lO . 97L)- 926-iZ1Z . F,\X 9?O -926- i2LL
April 24, 2000
Dear Board Members,
I. You asked me to get the approval of the homeowners'association. I have
the majority of the associations'approval.
2. You also asked me to bring a letter of approvalfrom the associarion
on association letterhead and I would like to explain why I cannot present
this to you...
There are twelve units at vail rownhouses. copies of the prans which
have been submitted to the Town were first sent to Jim Todd, the secrewry,
as required by Association documents, and then sent by certified mail on
March 22, 2000, and a second set was sent by certified mair on Aprir 12,
2400 to all welve owners. No o,wners askedfor any addition information
afier the 7d mailing. of those twelve, there are seven signed ipprovals, two
owners abstained, and three signed disapproval,s.
All the responses were provided to the secretary of the owners
ctssociqtion, Jim Todd, who was willing to write a letter indicating
association approvalfor the Board. Although he supports my project as do
the majority of myfellaw associate owners, one of the dissenttngiwners has
questioned his authorifii to give the letter to the Town because the president
is dead and has never been replaced, which is true but a matter beyond my
control. Mr. Todd is now unwilling to deliver this letter out of concern that
he will get "caught in the cross-fire". you shaurd know that Mr. Todd has
been the secretary af the associationfor 35 years and has been handling all
the association matters over that period of time without any objection by
anyone. The internal workings of our association need not be your concern.
Thefact remains that a majority vote demonstrates that the mqiority of
owners support my upgrades.
.I am aware that you hcre received a letter todayfrom an out of state party
which questions the associations' and the Town of vaik' authority to make a
decision in this mdtter. I would submit that this last minute (tttempt b
circumvent the associations' support for my project is nothing more than a
delay tactic by a small disgruntled minority who voted to disapprove my
project.
_ rllrefore, I urge the Town of vail to recogni:e the willof the majority of
the vail Townhouse owners and ignore this last minute detay by the small
minorit"v of voters who are dissenting and approve my project as submitted.
Respectfully,tffis
Vicki Pearson
I am ffiring a complete list of owners and their interests
O\VNERSwho approved:
Untt 2A Richard Parker-Colorado
Unit 2D Richard Parker "
Unit 28 James Todd -Colorado
Unit 3A Olive Watson -New york
Unit 38 Stewart Colton -New Jersey
Unit 4A Robert Tucker -Colorado
Unit 2C Vicki pearson -Colorado
OWNERSwho abstained:
Unit 54 Tom Pritzker -Illinois
Unit 58 Tom Pritzker -Illinois
Owners who disapprove:
Unit 48 Joy Hilliard
Unit 64 Margaretta Parl<s
Unit 68 Barbara Welles
PLEASE SEE ATTACHED BALLOTS
oo
C,*;** --<-obpn (
NOTICE OF APPROVAL
-z-'-'\L owner of Unit +a
approve of the plan submitted to me by Vicki
Pearson,for her upgrade of Unit #2C in the
Vail Townhouses.
4-70-z+oo
Date
Signature
,i*s.t,-'f
o Il!- :1ri F I'L f. I
NOTICE OF APPROYAL
{ awner af Unit e *
approve of the plan suhmitted to me by Yicki
Pearson for her upgrade of (Init #ZC in the
Vai{ Townhouses.
,-1 l,n,l"^-t_ tfn./vy ,. .
Date
I I lfi . I45 f .-* E1
; plesFs cs$tagt me.
oO
NOTICE OF APPROYAL
f owner af Unil ffi
approve of the plan submitted to me by Vicki
Pearson for her upgrade of Unit #2C in the
Vail Townhouses.
Cks-,A \1 &coo
Daib
Signature
oo
NOTICE OF APPROVAL
If / ,',,y'
-/
/I, Jazne. (/ . /oJ./ , OWnef Of Unit Z g
approve of the plan submitted to me by Vicki
Pearson.for her upgrade of tlnit #2C in the
Vail Townhouses.
z{-/?-oa
Date
oo
NOTICE OF APPROVAL
v_L owner of Unir of Unit )C
approve of the plan submitted to me by Vicki
Pearsonfor her upgrade of Unit #2C in the
Yail Townhouses.
r\ * .= C -) n, | - .'.,--.. ..-.,\_\_A' r _x_ ,l- \ i I --4_\j( ;( l
Date
Signature
Jrlotice of Disapproval
I, the owner of Unit # Y-E of the Vail Townhouse
Association, disapprove of Vicki Pearson's plan to upgrade
her Unit # 2C as per the plans that were supplied to me as
part of this mailing.
blgrlalure:
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Notice of Disapproval
I, the owner of Unit # 6 b of the Vail Townhouse
Association, disapprove of Vicki Pearson's plan to upgrade
her Unit # 2C as per the plans that were supplied to me as
part of this mailing.
\\Date: 3\ )5 \ o o
\
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RMITCATION FOR BUILDING PE
THE TOWN OF VAIL
Buildine address
Date of Application
arne
.A ddress
City
Narne (/
A ddres s
City.
Narne
Address
City
Lot
licant fill in this section onl
Tel. No,.fl-l- t-ttly'
eL. No.7,f/, pft/I rea of Lot
BUILDING INFORM} TION
New A ddition
A lteration Repa ir s
Type of occuoancy__ji-,-
BUILDING DIMENSIONS
Total floor area (sq ftl g ,, {_*stories -J }{t.
roorns .l No. baths
water clo6ets
No. of
Nc. of
No. of
tel. No.4a( .<-ftq
i
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Elock
(Circle
l. Type of
Z. Occupancy grouD
INSPECTION
FOUNDI\.TIONS
correct cIa s s ification)
construction I, II, ilI, IV, V
No. of Farnilies
ESTIMATED COST 4
OF CONSTRUCTION 75-e c'.d",
(Materials & Labor)
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C, D, E, F, G,
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FRAMING
FIN^ L
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I.INI L
I THE ORTGINaOr THIS PERMIT wAS
BUILDING PERMIT
Vail, Colorado
I9ig_
Pe rrnit
Perrnission is hereby sranted SAMUEL GARY
as OWNER to CONSTRUCT a TWO sto ry
ADDITION on APARTI\,IENT 2C. ROW HOUSES
rLufr
3/26/6e
l ddre s s ROW HOUSES. VAIL. COLORADO
In accordance with the provisions set forth by the Vail l rchitectural Control
Cornrnittee, subject to the rules and regulations as set forth in the Vail Village
Protective Covenants, and in cornpliance with the 1964 Uniforrn Building Code.
Tvpe of Construction FRAME & BLOCK Group
Contractor
Building Inspecto
INSPFCTICN RECORD
(For Departmental use OnIy)
INSPFCTION
!.OUND.'1 TIONS
"\PPROVS L COMMENTS DATE & SIGN/TURE
FRAMING
brj
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Box 631
Vail, Colorado
TO:DATE: Ifiarch ?4,1969
Mr. Sanael Gary
1700 Broaduny
Denver, Colora&
TOWN Or. VAIL
We have debited your account ae follo$s:
Amount of Bnlldtng Perutt Fee due
for addltlon to Apt. *2C Row Howe $a7.00
7
Permit No. Sg
BUJLPING PERryIIT O
Vail Village, Colorado
Esti ma ted C ost_$_?- 0@.-Qe__
F'ee .Ji o nn
Paid: Cash X Check
Footing
Waterproofing
Rough Electric
F?aming
Flnal
Date Novembcr 8, 19--SS-
permission is hereby granted to nsb stttra _
as contrrctor to congtrrrct a tflto story
addltton 9n Ygil ?str*suse6, Apertm€nt n.
Lot L*18, Biock 5, 4rst fotns, Gore cr€qk prive, tEr tvlr, Al cohan,
Address
in aceordance with the provisions setforth in accompanying appllcatioq,erblect to the nrles and reErlations and Building c6ae as befior*r in f.beVail Village Protective Covenants.
Every permit issued by the Building Tnqpsctor under the provlsions of thiscode shall expire by limitation, and become nuil and voia t the br:ildi::g orvrork authorized by such permit is not eommenced wiihin sixty (60) daisfrom the date of sueh permit, or the building authorized by such per*jt is
suspended or abandoned for a period of one liundred t*"ttW (120) days.Before such work may be recommenced, a new permit shalt ttrst reobtained" The fee therefor shafl be one-ha$ the arnor:nt required for a newpelmit, provided no ebanges have been made or will be made ln theorigiinal plans and specifications for such work; and provlded further, thatsuch suspension or abandonment has not exeeecied one (1) year. lt ctiogesare-made, or if suspension or aba.ndonment exeeeds one year, fulr fees-
shal.l be patd for a new building permil No work of any manner whatsoevershall be done tbat wlll obstruci *re natural flow of watei, causing adrairage problem.
TVpe of Construction rilrero - Extrrfor, rttncqo Sfdlag.
Size
Number of Livfurg Units . trc - . Rooms flrrr
Width and Area of Lot
Distance from Lot Line: N S E
Contractor:Mr" Bob $tltfs, l4S0 D€n\rBr, Coloredo
Plans Filed: &ed ApprevedYesSite Approved:
Remarks:
The contractor shall notify the Building rnspector twenty-four hours inadvance J9r au inspections, and shall ieceive written approval on inspee-tion card before proceeding with srrccessive phases of uri ;ou. Theinspection card shall be placed in a conspicuous loeation on the construc-tlon site.
Approved
POST INSPECTION CARD ON JOB
This permit is not transferable.
Paid: Cash Check
Permit fb
Permission is hereby granted
31ate &-J _- Is I s 1
as c+=.&r-- 6; to ..2,-k , a .e story
?'//"'1/ 6 #."*nnn,t,2,'
BTIILDIN9 PERMIT
Vail Village, Colorado
Footing
Waterproofilrg
Rough Electric
Framing
Final
e'
fz--^+---f.- 2D/2L
$very permit issued by the Building Inspector under the provisions of ilris
:,11?:|,*l:Itiiq uy urnitauon, *du""ome nutl and void if the buildins orwurK autnorized bv such permlt is not commenced. within sixty (60) daisfrom the date of s"cir permi{;;idilrding authorized by such permit issuspended or abandoned for i perlod oit* hundred t*""tv (fiOj 'Oavs.
BeJore sueh work may be *..oo-."".A, a new permit shalt first beobtained- The fee therefor sha[ be orr-rr*u the amorrnt reqrrireci for a newpelmitr provided no changes have oeen made or witl be made in the
:::fl1_|1*s and speeiJidations tor iucir work; and provided further, ttratsucn suspension or abandonment has not exeeedea one (L) year. ir errang;sarrl"qader or if suspension or abandonment exceeds one year, fr.rll fees
"ltu+l b" paid for u ngy uuiloing peil; No work of any manner whatsoevershall be done that wiu ousirucf ti" *tLrr flow of water, causing adrainage problem.
3*:"^:"1y:" *iS the provtslons setfoiur il;;"rap.rrvi"s apptfcailon,
*li?1. _ri t.ry "F" p. ana *"wratio; -;e;,;iidif ild" ii'Hiiilh ; ih"VaiI Village protective Cov6nants.
Type of Construction
Size
'|--fiooms )
Width and Area of Lot
Distance from Lot Line:l\T -- q ------.E .-- w
Filed: /
Remarks:
Approved
POST INSPECTION CARD ON JOBThis permit is not transferable.
J ''2
The eontractor sha-Ll lgutv the Building rnspector twenty-four hours inadvance for all inspections, utra "iulleeeive written approvar on inspec-tion card before or-oceeding *ith;;;;ive phases of the job. Theinspection caro siiatt u" prJ""Ji" r-"oli*pi",-us rocatlon on the construc-tlon site.
Number of Living Unit
./,/,,
:ntq(
nIVOrcE
Vatl, Golomdo
To:
lfi. l*n f,rulummn*ffiie*u*
tw$0
Datel ! A
Invoice No.
aG ---rE:a
Ii[Ie have deblted your accolmt as tollorws;
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Buildine address
Date of Spplication
I
PPLICATIQN FOR BUILDING
THE :,':-/T.I C}' VAIL
a
RMIT
Iicant fill in this sect on
BUILDING INFORM} TION
New -A ddition ,'-
Alteration t/ Repairs
Tel. No.
Type of o ccvpancyjF@11y__
y' rea of Lot
BUILDING DIMENSIONS
Total floor area (sq ft)_
No. of stories Ht.
No. of roonls i.{o. baths
No. of watef c los ets
F
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B
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.A ddress
City
{ r ACdress
P Citv .rat T\Tr,
No. of Farnilie s I.--..---
ESTIMATED COSTLot
11.T IOCK A
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F^I',-ENDlrrIllT TO r\'iA P
KNOITT ALL ]villN BY TIiESE PRESINCE: .
THAT, hTIiJREAS, VAIL TOI,-,\-TIOUSIjS, LTD", a Colorado Corp-
oration as "DccIaranl" has heretoforc f iled a cordoniniu;:, rr,ap
pertainj-ng to the follor:ing Ccscr j.bed property situaie in the
County of Eaglc, State of Colo::ado, tojr,.,'it:
Lots 1,.2, 3, 4, 5 and 6, Resr,rbdivj-sion of Bl,ock
5, and a part of core Creek D::ive, Vail Village.
Ist Filing, subjcc'c to Party l"ra11 Agrcen.ent of
record, togcther with the right to use the r:oaCs,
streets, drives, Lanes, places, di-rcles and lvalk-
ways as shown on the maps ar:d plats of Vail ViIIage,
First Fii-ing, Vail ViJ-lage, Second Filing, VaiI
ViIlage, Thj.rd Filing, and resubcjivisions thereoi,
filed in the PIat Book of Eagle Coui-ity 3l pages 49,
50, 54, 56 and 59, for access to and from the
premises, which ::ight shaIl be a.ppurtenant to and
run rvith the land and shali not be construed to be
persona I,
which map and any amenCnrents thereto
to as the "Map", and
IITIEREAS, it is
said l,tap as hereinafter
NOWI TIIERBITORE,
'1 . That said Map is hereby amended with respect to
condominjurn unit 2C as set forth in the diagram markcd Bxhibit
A attached hereto and made a part hereof.
2. That ,except as herein
Map, as heretofore amcnCed, shall
effect as therein set forth.
IN WITIIESS V,EIEREOF, Declaranb and 75% af thc aggrcgetc
ovrnership interest in the general colrdnon elenrent and ail holders
of recorded firs'c mortgages and first deeds of trust, have set
their hancls and seals as of this_ day of Septeiuber, i968.rr-/ / -t .a/.\-
-- /<ro==_21!_J.(L/ -
the desire of
^^! .'^ -.t- L
'ag L J- \,, J- !.-.t1,
aie her:einafter referred
:
the parties hereto to arnenci
IT IS AGREED AS FOLLOI^JS:
specifically set forth, said
renain in fulI force and
-rilCI'ns i{AlsoN' ;R' s?T7x-Gterc -..,.1r /l Iv./ t t -O-.--/4 | IA\ - [ t -t^'I ! / | i' 1 -
1T T l.:.r";;\.: /4 t n /^ 93 ii-,i:..t:.'.;:f"/ " I -r-v '- -'
-&,-/LWc4a. itir-r-,rp,Ro 5'. JiEF-%TiiIrlf,E
ffiniN i,-Tonct{ //t.bes % in}eres-v
nterest
THE B. H. L LONE RTALTY CORP.
.j
Il\t --IT C./h % intercst
MAJBSTIC SAVII{GS &I,OAN ASSOCIATION
By.
COLORADO r*'rn m'r- nN i\ T .l\J-11+ Jv!\r '!
By
AMERICAN NAfiONAL It .lt\I\
By_-
t
1
i
!
|'
t'
/
o
Theforegoinginstrun.,entrvasacknowledEedbeforerne' --tthis .? q'4/e aay oi Septeirber, 1968, by JarLres M' Todrj' ovrner of
i*iffi:;te-rest i-n gener:ar cor.*on e'ei.rent of vair rownhouses
Condoninir.rnr.
- ln" C-"'rriir:i-'l': ;'1:"s fl"r''Jl' | ?lUrr.. nnt.r:-niceir,n R:r"\i rr-'q
Itr y \,vrrutlav-*-.. ---r'-)II(:'-l '-- -'
'Witness my hand and official- seal'
STATE OF' COI,ORADO )
't
)ss"
,
The foregoing instrument was
- :/ ":this ,?^i-l day of septernber, 1968, by
-Z^!l-/-/-% interest in general comn'on
Condominium-
--\,STA'r'E oF coLoRADc )
crrY AND )ss'
COUNTY OF DENVER )
CITY AND
COUNTY OF DENVER
gh.e foregoing inst::ur'tent was-l llthis .1\^ ,L-t t day of septenJcer, 1968, by
I,AX.Z-**:/" j'nterest i-n general common
Conilominiurn.
M,' rr^n1r11 i c c i nn Tf wni ros :lrtY \zrrrrrrrrr'rr.Lvtt ),'>:-&-' * .
llitness mY hand
acknotu'Ieclged befor:e ne
samuel GarY, owner of
elemeni of vail Townhouses
acknor.rledged before me
Sidney Davidson, orvirc:: of
element of VaiI Townhouses
;i?
STATE OIl COI,ORADO
. tr -rairrt : \ir'\\,I I I '1I\rU
COUNTY OF DENVER
Witness
My Conrmission ExPi rur I i "'' ' '! 1
,l
|;
il
';,
1
!
..t.
'i
u
my hand and official seal.
NOTARY PUBL]C
STATJi
COUNTY
o
OF N:i{ YOiK )
) ss.
.\Er II
Th.' foregoing instrul,'.cnt vras acknorvJ-edged before me
day of Septenirer. 1968. by Thotnas tr^/-atson, Jr., ovrner
"/. interest in general com;non element of Vail Tor'tn-
this
of
houses Condonriniun.
STATE OF COLORADO )
CITY AND
COUN'IY OF DE}iVTR
STATE Ol;' COLORqDO
CITY AND
COU}ITY OF DE}IVER
I'ly Corim,ission Expires :
I{itness my hand and official sea1.
NOTARY PUBLTC
) ss.
Th,e foregoing instrument was
this :Si iday of Septentber, r.968, by
&]l;l,lr_, "/. inte::est in general- common
Condonrinium.
tly Comm5.ssion Expi r"tr-Q'.' ,,-
u
Witness ny hand and official
acknor.;ledged befo::e me
H. T. McCutte, owner of
el.ement of vail Torvnhouses
)
) ss.
)
r,ll:l
llii
i:'i
,l
:: i
iili:i
i:iiilrl'it
;iiiilIIiii
tiltiitill;ii,lI'tt{llIiltjit:i|l:iil
iiill
li'
li
t;
il
:r
ll
i1
l;
!i
if
,i
,
I t .-
The foregoing instrurnent vras acknorvledaed before ne
a .)<Jthis "40-*t day of september, 1968, by saul N. Davidsor:, or"'ne: of
J/r.33_{J" interest in general common element of Vail Townhouses
Condominiurn.
iilC+t-iri.n.xpi;c: ScPt' I 6, i 9;i
My Cornmission Expires :---
Witness my hand and official seai.
n\'l -<l 't/)
-ll,) , x. t", t; 2-44442_l!*-!!-:NOTAIIY PUBLIC
LE-,.2
STATE OF COLORADC
CITY A\1rl
COUNT,Y OiT D;NV'ER.
) ss.
)
The !oregoing instrunent v,'as acknovrlciEcd before ne
t'1 .--/'-thrs f- ).i-+'-oday of Sep';€mber, 1968, by Joy R. Hiflial:d, ovrrrer of
r--'--
J-.1];).]!]__% intc::est in gencral co;lnon clcnent 61 yail Totvr-houses
Condo;ninium.
A .D
. Iuy Coniriission Expircs ', '' ,r",*,t1.?0I;. /
' Witness my hand and offj-ciaf seal,
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
. The foregoing instrument was
t/?this /7_ -day of September, 1968, by
#.2:_= "/" interest in general common
Condominium.
My Commission Bxpires: /-.-1y, Jo /?//
Wiiness r,..y hand and official seal.
acknovrledged before nre
Alvin L. Cohen, owner of
element of Vail Torvnhouses
)
) ss.
)
-4rhy>xe ! O^-;-l
NOTARY PUBLIC
STATE OF COLORADO
CITY AND
COUNTY O}- DENVER,
)
) ss.
)
5]he foregoing inst::unent was acknorvJ.edged before me
this I i-- day of Septemlcer, 1968, by llerrilI ilastings, Jr., o\rrier
of 9, ?.'ri/ % interest in general comr,on elenrent of Vail Townhouses
Concloi-"in i. ulr..
My Commission Expi:: "", 4:1:_(i i.t'/
Irritness my hancl ancl o f f icial seal.
RY PUBLIC
TARY PUBLIC
STATI Otr N:i{ YOR.K
couliTY or
?he forcAoing instrumcnt vras
th is day of September, f968, by
and
;..
l
) sr.
I
: -1- ^nt.r'l c' A r- c,t 11 ?.a l':n ri: rrr ct
ct il
AS
of B, H. Lalone Realty Corp.
My Comri:ri-ssion ExPires :
Witness my hand and official seal.
NOTARY PUBI,IC
STATE OF COLORADO
CITY Alr-D
COUIiTY OF DENVER
The foregoing instrument v/as acknortledged before ne
a z r'!this.,/.I(t'day of September, L968, by Barbara C. welles, o\tner
of.J.TJ!:/" interest in gencral coilmon element of VaiI Tor'lnhouses
Condominium..
My Commission
)
) ss.
\I
Witness
STATE OF COLORADO
' aii-rn-.t 7\ NIY\T-I I I l1IIIJ
COUNTY OF DENVER
'f icial sea1.
,4fla z? ./4,-f ,/) l- .1':"': ' 7'/.-,"-..--,1 J.tt l.',.tt..;, .4 . (/\.4/.ti.!',t7:..1 21 t
I
) ss.
\,
Tire foregoing instrument was .ackn-ow1edg.=d 1-^ore ne
of Vail Townhouses Condonrinium.
My commiss ion Expi r"u r(--=:---!^t
"(/Witness my hand and official seal.
frz*CNoIARY"
-/-l /'i/-./ /{ {rt!
- ,i'!' ",1'), r.:';./.:- ! ;:12
PUBLTC
STATE OF COLORP,DO )
crry AND )ss.
couN"Y oF DENVER )
this
,.
STATE OF COLORADO
N TlTlV A \'ITT
COUNTY O}- DENVIIR
this
The foregoing instrument r'ras acknowledged before
day of September, 1968, bY c1>
and
of v.i"je;ttc s.;rn9"-fTtf-f5"oCation,' as
r. - a^**.i ^^.i ^- Fv^i r-ac.IYIV U9tiurt.L5- Il,rlr r,rtlvr! sr .
Witness my hand ancl official sea}.
as I
J
!
I'lortgagee.
NOTARY PUBLTC
T
\ cc
I
The foregoing instrument was acknowledged before
day of Septenlcer, " 1968, bY as
and as
of Colorado National Bank as Mortgagee'
My Commission ExPires:
Witness my hand and official seaI.
NOTARY PUBLIC
srATE OF COLORADO )
CTTY AND ) ss:
COUNTY OF DENVER )
?he foregoing instrurnent was
this day of Septernber, 1968, bY
. and
of Arnerj-can National Bank as l{ortgagee.
Irry Commission BxPires :
Witness my hand ancl offici.al seal.
a
acknowledged before
as
as
NOTARY PUBLTC
I
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A-e?v. tfBib
io
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83
S11 CT o N
I DISoSITTON
NAMD OF APPI.,IC1\}TI: '* 'J
),
RQUDST OF APPLICANT: GRFA Variance for Unit
I{Alm OF PUBLIC B0DY HEJIRING AppLICATIO.I:
DATE OI'HEARING: Septenber 10, 1979
SORI\4AL ACTION TAKB{ & TINDINC,S:
OIHER OMMDITS:
build
an addition to the 1i entranceto the tovrrhouse will not be covered wi-th snow and ice.
Planning and hvironmetal Csrnission
Denied by a unaninnus vote. The cqrmission felt
no adequate argument was presented for approval ,that other peopJ-e in Vail Row Hor.rses would applyfor e>pansions also and that there were other
rnrre adequate solutions.
' Ti"r
uqf 1
MEMORANDUM
(._-
TO: PLAI{NING AND ENVIRONMENTAI COMMISSION
FROM: DEPARTMENT OF COMMUNITY DEWLOPMM{T
DATE: 9-7'79
RE: GRFA Variance Request for Unit 2-B' Vail Row Housest
located on Lots i-6, elock 5, vail Vi3-lage lst Filing
DESCRIPTION OF VARIANCE REQUESTED
The request is for a variance to obtain a building permit to construct
an addition to the existing stair-well area on the west end of the
townhouse to alleviate exiiting problems of excessi-ve snow build-up
around the entrance and an acculr,ulation of ice near the entrance due
to water dripping from an overhead stairway-
The vail Townhouse condominiums (12 units) have a lot area of
l]6,222 square feet with an allowable GRFA of 9733 sguare- feet
under cuirent zoning law. The existirig square feet of the 12 units
is 151539 square feet. Ilowever, it should be noted that these units
were constructed in the miil-1960's under Less stringent zoning regula-
tions.
The color and style of the add.ition would be consistent and harmonious
with the existing building and would represent an additi onal 250 square
feet of liwg room space (it would not increase the density of persons
that could be housed).
CRITERIA AI{D FTNDTNGS
Upon review of Criteria and Findings, Section 18.20.090 the Municipal"
C6de, the Department of Community Development recommends approval of
the requested Variance based upon the following factors:
Consideration of Factors
The relationship of the requested. variance to other exisLinq or trotential
uses and structures in t
The proposed addition has been considered and endorsed by 100E of
the Condominium owne;s of the Vail Tovrnhouses Condominium Association
and by the Associati-on Board of Managers. The owner of the unit which
currently receives access via the stairway to be replaced will have new
access provided by the deck on top of the addition.
The de e to which relief from the strict or 1it.era1 in retation
en;r orcemenc o eA requlation is necessary to achieve
biliLv and lt of tieEtment amons sites in the vicinit
attain ves o IE- tf-tle without qrant of special
pr]-v]--Leqe.
( : It should be considered that these townhouses vrere built under mid-
1950rs zoning law and were not subject to the more strict GRFA
regulations now existing. The applicant does have snow removal
Problems in that the entrance is small and snow easily builds up
n
an
co
or
'ffi
. Prc Memo on vail Row "f,."9-7-79--Page Two
due to the surrounding conditions. A11 property owners
right to adequate and safe access to their units. The
exira Living space is not the primary objective of the
The effect of
of population
utilities an
This request should not adversely affect the current conditions.
Such other factors and criteria as the commission deems appl-icable
There are none.
Findings:
The Planninq A Environmental Conunission shall make the following
findings before granti.ng a variance:
That the grantinq of the variance will not constitute a grant of
special piivilege inconsistent. with the limitations on other
properties classified in the same district.
The granting of the variance will not be detrimental to the public
health, safety, or welfare' or materially injurious to properties
or improvements in teh vicinitY.
That the variance is warranted for one oI more of the following
reasons:
A, The strict or literal interpretation and enforcement of the
.' specified regulation would result in practical difficulty
or unnecessaiy physieal hardship inconsistent with the objectives
of this title.
RECOMMENDATION
The Community Development Department reconulends approval of the
proposed addition as it will not significantly increase the GRFA
so that additional people would be housed and because it represents
both an aesthetic and safety improvement to the existing conditions.
ested variance on liqht and air
trans itation and traffic faciliti.es ublic facilities
c safetv.
have the
creation of
applicant.
distribution
''|m"'
PUBLIC NOTICE
N0TICE IS HEREBY GIVEN that James M. Todd and Jerry L. Euwer
have applied for a Variance to build block and stucco walls to an existing
stair-well area on the l,lest end of the their Townhouse located on Lots No. I
and 2, Block 5 of Vail Village First Filing (Vail Townhouse Unit 2-B). This
building is zoned High Density Multiple Family. Application is made in
accordance with Section 18.20.080 of the Vail Municipal Code
A Public Hearing will be held before the Town of Vail Planning
and Environmenta'l Commission of August 28, 1g7g at 3:00 P.M. jn the Vajl
Municipal Building. Said hearing will be held in accordance with Section
18.66.060 of the Municipal Code.
TOI.IN OF VAIL
DEPARTI'4ENT OF COTf4UNITY DEVELOPMENT
James A. Rubin
Zoning Admini strato, &4',
Published in Vail Trail August 10, 1979
Jl,t ,{rr*n'a :
On't-(- A4tLrt' Gzct*t* @tgu d452'
i"" aurr*" W *"u7 :f"f^t
uutl- ,co 8/b5') ( /7 v 3.p.)
I
TO:
FROM:
DATE:
RE:
MEI4ORANDUM
Planning and Environmental Commission
Department of Conrmunity Development/Jim Rubin
August 24, 1979
Unit 2-8, Vai'l Row House
At-the prglglt time, I have not received any specific information onexisting GRFA and the existing 1ot size. wittrbut this information,I cannot properly review this app'lication. I have tried to contact the
owner of the unit, Jim Todd, and the local attorney who submitted theappl'icat'ion, Fred Butler, but have been unable to reach either of them.I w'ill continue to try and if I have sufficient information by Tuesday,it wi'II be presented bn Tuesday.
The a.pplication is for a 250 square foot addition, which is primarily
intendeci to coreect a current snow bui]d-up probrim. The z5b squardfeet wou'ld be an addition to the living room.
ffi
t
App I i ca 1' lon
Hoar I ng Da tc
Fln33 Declslon date lor Town Councl I
APPL I CAT 10il t'Ori VAf{ TANCE
And/Or
coN0 | T l0llAL us€ I'IRll I T
Ord.l nancc llo. 8 (Scrios ot 1973)
0ate August 1, 1979 Publ lcation 0ato
lloa r I ng Fce
I (re)J"ur." m. Tod d Jerry L.
( Ap p I i cer n t )( Addrass )
Li ttleton, Colorado
erof 1350 W. l,ittleton B1vd.Euw
,whonej3fr#8f_
do hereby request permission to appear before the Vai I Planning
Commlss ion to request the fol lovr ing:
(* ) Variance from Arf iclE-----.-.__, Section(" ) Zon i no Chanoe f rom( ) Park i na Variance' ( ) CondiJ'Ional Use Permit to al low
In Zone.
For the following described property: Loi/tractJLJS.2_, B.l ock 5
Ft ling pr.6sp valr village rirst riling (vail townhou{EeUBYE)2-n)
Clearly statc purpose and i ntent of this application tn ohtnin a
hrril tling f prmi t to 4nnstr.trc't hl nck anri strr'Fcn r,ra l1s to pn
Fx*isting stair-we11 area on the ltlest end of thelownhouse:
the additional space worrld he used as an erpansion trr the
livjng room are.a arid woul d .no t increase the.density of the
peI€oDs th4t could be housed: color And stvle would be con-
consistant and hFrrnon l orrs wi th eyj sring h1-dgi .
llhat do you feel is lhe basis for hardship in thls case? the existing
area is 'extremely unsiqhtly -_the cons truction Would ilqqrove the
enl-ire appearan ce of rhF I end of fhe comp I ex; area is dangl]r-
ous in that snorr collects -rn the Wi.ntert water drips f rom.the
safer and inhanced; the actual livins space is verv sma11 and
he o rs: use and enioymen ng
non-sleeping hours.
Slgnalurc ot App licant
Fredric Butler, Atty. for App,
+kratpl
B'hetf
walkway (elevated) causing ice accumulation - access would be
-,-*--ff
1/
o
Planning and Environmental Commission
Minutes of the Meetj-ng 9-l-0-79
Not yet approved by the Board
Commission Members Present
Ed Drager untiL 5:00
Jim Morgan until 5:30
Jack GoehL
Sandy Mills
Roger Tilkemeier
Gerry White
Ron Todd
Staff Members Present
Dick Ryan
Jinc Rubin
1. ) Selection of a netr Chairman
I
Ed Drager asked if anyone would like to be the new Chairman.
Ron Todd said he would. Sandy Mil1s nominated Ron Todd.
Gerry White seconded the motion. Ron Todd was selected as
Chairman by a unanimous vote and took over the Chairman's
duties.
2.1 GRFA Variance RecTuest for Unit 2-8, Vail Row Houses
oeated on tots 1-6, Block 5, Vail Villaqe lst F
Jim Rubin explained the Staff's position on this. Thestaff recommends approval . All the effects are good.
The expansion would eliminate snow and ice problems.
Jim Toddr. the applicant, answered questions of the Board.
Ed Drager said he feels there is an al-ternate solution and
no need to add more GRFA.
Jim Morgan suggested putting in an air lock instead.
Gerry White suggested a heated sidewalk.
Sandy Mills said she had gone to look at the site and sawthe problem. She feel-s there is no justification to add
250 square feet,
Ron Todd said they are not solving the problem but raisingit up one floor.
Jim Todd said he feels it is an adequate solution and isan improvement to the building.
Gerry White made a motion to deny the GRFA Variance Request
for Unit 2-8, Vail Row Houses, localed on Lots 1-6, Block 5
Vail Village lst Filing.
t
.;
Planning Commission Minutes9-10-79--page Tvlo
Ed Drager seconded the motion.fhe vote was unanimous.
Gerry White said he voted against this reguest because therewas no argument adequate for approval .
Ed Drager said he felt other people in the vair Row Houses vrourdcome in and apply for expansions- also.
A11 the other me'mbers said they felt there were other solutionsthat would be more adeguate.
Ron Todd advised the appricant he has ten days to appear to theTown council and that he wirl be advised. in ririting-ot ttre denialof his request.
3.) SetbaCk Vafianee Redrrpqf fnr M^.rrnrr in Mar,:1a,.,^ .r^^-.t-^r ^-
.Iim Tubin gave the history of this request. He said thedeveloper had moved. this Luilding becJuse of some under_ground springs and after completion of foundations andframing discovered an error irad been made and it was rocatedon the 1ot Line. Jim pointed out that the error had beenbrought to the Town,s ittention by the applicant. Jim said.the only alternative to this variance is- lo tear the buirdingdown.
Roger Tilkemeier said he would like to emphasize to everyonethat the applicant came forward and pointid out this error.
Bob Warner, the applicant, explained that they had had someground water problems and solired them ny rnoviig--tr," r,rirding.They took a minor problem and created a major problem. Thesurveyors made a.mistake originarry. ne slad Lhey asked. theTown for permission to contiiue on'ttrii-ana-r"""i""a a con-tinuance.
Bob Ruder asked if there is an avalanche probrem. Bob warnersaid there is no avalanche probiem.
Jim Morgan asked about impact sLudies. Bob warner said theywere done at the beginning of the project.
Ed -Drager asked qlgut the differenbe between this request.and the pierce Addition. Jim Rubin saia ttris-nrrirairrg "",ugllt,by mistake and_is exisfi"g-i" the setback. The pierceAddition hzas proposed to be buiit in the ".tri"t .
Gerry white said the onry reason to grant this is economic.
9gtb-acb, Varialrce Request for Mountain Meadows, located. onan Unplat
PEC Minutes
B-28-79--Page Two
sandy Mills said she fee]s the sitzmark can come back at a later dateand ask for more enclosures. Jim Rubin said they could.
A questions was raised about the easement that is necessary. Mr. Fritchsaid it is in process.
Gerry white said this request is based on economics and that is a poorreason to grant it.
The vote was taken. Jack Goehl , Ed Drager, Roger Ti'l kemejer, and Ron Toddvoted in favor of the approval. sandy Milis aia Gerry white voted against
lpprova]. sandy Mills feels the basii reason for doiirg this is econ6mic.The parking spaces they are enclosing wilr bring in aaiitional revenue.5ne realizes he is saying_there wil'l be'l ess cars going through checkpo.intcharlje but she does not-feel this is a justifjed iradi-oit. "eerry l,liritefeels there was no reason for him to vot6 for it. the request was basedon economics on1y.
Jim Rubin explained that he did not receive enough information on thisprior to the meeting.
Ed Drager said the Board feels this should be tabled or presented.
o
lh. lytter representing the applicant asked that Mr. ToddDe.ailowecl to present his plans since he is here and thentab'l ed until the next meet.ing. The Board refused to hearthe appl icant.
(the appl icant)
have the item
anything from
$J,gv t-litis made a motion to table the item until the next meeting. RogerTilkemeier seconded the motion. The vote was unanimous.
3. Rediscussion of Proposed changes to the Agricu] turea'l and 0pen space----Di-sTFtT.
-,r* *rr, *rained.that this item was being sent back by the Councilfor further djscussion... He presented alt ifie up:to_Jut""figu.es etc.He also explained that the miin reason for this'".ioning is to correctan inaccuracy in the Ag'icu1 tural and 0pen space District Zoning.
Ed Drager said the figures are still inadequate. He would rike toknow how many possible units are involved. '
Jim Rubin explained the difficulties in figur.ing the number of units.
He explained that the numbers are a|r effected by covenants, leases,slopes etc.
Rich caplan.suggested that the maximum number of units would be theoyb acres dlvtded by two or 298 units.
loger_Tjlkemeier said the only buildab'le sites are Vai'l Associate,s
Go'l d Peak and the Golfcourse.
Va ri ance Houses
wr
APPL lcAT l0fl t'0t{
And/Or
coN0l T l0llAL us€
OrdJ nonqo llo. B ( Sor
vAr{l ANct
PtRt.r I T
ios of I
App l I ca l'l on
Hoarl ng 0o tc
flnal Doclsl
0oto August 1. 1979 Pub
llo a
on datc {or Tovrn Counc I I
97 t'
callon
ng Fce
Da toll
rl
ln Zone.
| (we ) James M.Todd &
icant)
Euwerof 1350 I4I. Littleton Blvd
(Add rcss )
Littletonr Co 1o rado,#n"n";fft#-
do hercby rcqucst pernissi.on to apPear before the Val I Planning
Commission to request the fol f orring:.
(* ) Variance from Article---, Sec*lonx( -- ) Zoning Change from .to( l Park i ng Variancet ( ) Condi'l'ionai Use Permi* to allow
For *he follo',ring described property: Lot/f rac+-ll L&2 , B.lock--!-
Fl I ing l'tumber Vai (Re-sub)^ -'1 Villaee First Filine (Vail Tow.nhouSe Unit'2-B)
. Glearly statc purpose and intent of *his application to ohtein a
hrrJldJng Fe.mit to cnnc tr+c,r hf nck and s rr,';;n $':1ls rn nn
exigtlnq stair-rde1l area on the-I{es t erd cf fhe tor^rnhouse:
<lensi tY- of rhe
persons that cor11d be holsed: c olor end s tvle would be con- - ..
gons.is tant-anL h€rmorlious wi th existing hldg: .
llhat do you feel is lhe basis for hardshlp in *his case? tire existing
gre.a is 'extrem€1v unsiehtlv - the construction would inprove the
Fnrire appearanee of fhat end of rhe coulgl ex: area 1s danger-
ous in that snow collects in the Winter. water drips from'the
wal-kway (elevatel) causing ice accumulation - access r.zould be
-s{!er and inhanced i the 'actua_1 living siacj is very small and
does dirninish the owners ? use and en.i oyment of the unit during
non-s l.eePlng nours.
S I gna'l ure ol
Fredrlc Butler
App I i cant
, Atty. for APP
FREDRIC B. BUTTER --:'*--'
^a x:.*qEr'nd*RF5t*r*.{3rs' }rrrsiq"r
ATIORNEY AT LAW- ,\t tulrNtY AT [Aw i.]P. o. Box r13 426-0413 IzaEvArt, €oLoRADO 81657 q778
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PLAI{NING A}ID ENVIRONMENTAL COMMISSION
AGMIDA
3:00 P.M.
1, ) Selection of New Chairman
GRFA Variance Request for Unit 2-B, Vail Ro\^r Houses' located
on Lots l--6, Block 5, Vail Village l-st Filing
3.) Setback Variance Request for l4ountain Meadows, located on an
Unplatted ParceL in Bighorn
4. ) Setback Variance Reguest for the Cornice Building located on
a portion of Tract B, Block 5, Vail Vii-lage lst Filing
5. ) Conditional- Use Permit Request for e<pansion of the Gore Creek
Water Treatment Plant, located on Tract C, Vail Village 7th
i t-IIng.
6.) Amendrnent to Subdivision Regulations and Zoning Ordinance
concerning Interval Ownership, Tj-me Shares, and Fractional
Fees.
Bff1
ITIEMORANDUM
TO: PLAI{NING AND ENVIRONMENTAL COMMISSION
FROM: DEPARTMENT OF COMMUNITY DEVELOPMSTT
DATE: 9-7-79
RE:GRFA Varj-ance Request for Unit 2-8, Vail Row Houses,located on Lots 1-6, BLock 5, vail Village lst Filing
DESCRTPTION OF VARIANCE REQUESTED
The request is for a variance to obtain a building permit to constructan addition to the existing stair-we1l area on the west end of thetownhouse to alleviate existing problems of excessive snow build-uparound the entrance and an accumulation of ice near the entrance dueto water dripping from an overhead stairway.
The Vail Townhouse Condominiums (12 units) have a lot area ofL6r22? sguare feet with an allowable GRFA of 9733 square feetunder current zoning 1aw. The existi.r:g sguare feet of the 12 unitsis 151539 square feet. However, it should be noted that these unitswere constructed in the mid-l960's under less stringent zoning regula-tions.
The color and styl-e of the add,ition would be consistent and harmonj-ouswith the existing brrilding and would represent an additional 250 sguarefeet of lirmg room space (it would not increase the density of personsthat could be housed).
CRITERIA AND FINDINGS
upon review of criteria and Findings, section l-8.20.090 the Municipalcode' the Department of community Development recommends approval ofthe reguested Variance based upon the following factors:
Consideration of Factors
Tfe proposed addition has been considered and endorsed by l00B ofthe Condominium owners of the Vail Townhouses Condominiuir Associationand by the Association Board of Managers. The owner of the unit whichcurrently receives access via the stairway to be replaced will have newaccess provided by the deck on top of the addition.
lLtq degree to Yhich relie! from the stlict or literal interpretationand enforceme sary to achievecompatibility and uni{ormity of is t1tle without qrant oPrrvll-ege.
rt shouLd be considered that these townhouses were built under mid-L960's zoning Iaw and were not subject to the more strict GRFAregurations now existing. The appricant does have snow removarproblems in that the entrance is smal-l and snow easily builds up
PEC llemo on vail *ot tt."
9-7-79--Page Two
due to the surrounding conditions. AII property owners have the
right to adequate and safe assess to their units. The creation of
e*i.ra f.iving space is not the primary objective of the applicant.
This reguest dhould not adversely affect the current conditions.
Such other factors and criteria as the commisslon deems applica
to tne proposed varrance.
The re are none.
Findinqs:
The Planninq C Environmental Corunission shal1 make the following
findings before qrantinq 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.
The granting of the variance will not be detrimentaL to the public
health, safety. or welfare' or materially injurious to properties
or improvements in teh vicinity.
That the variance is warranted for one or more of the following
reasons:
A. 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.
RECOMIVIENDATION
The Comnunity Development Department reconunends approvaL of the
proposed addition as it will- not significantly increase the GRFA
so that additional people would be housed and because it represents
both an aesthetic and safety improvement to the existing conditions.
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COiiDO.']I N] UI"l ASSOCIi{TI OlJ
l,i *-tlet on ill-vC.
Colorado 8CI20
to hlhom It May Concern:
The proposed adCiti.on to Vai.l Townhouses apa:.tmen! 28 by JamesM, Todd, the owner, has been approveci by iOCf, oi th" ccrryjominiumoltn€rs and also by t"hu Associ atiari Board of Manaeers.
llay 22, ).978
President anC Chairman of
the Board of lianagers
a
R ICHARD K. PARKER, M.P
American Board of Surgery
American Board of Thoracic and
Cardiovascular Surgery
Cardiovascular and Thoracic Surgery
\l
44 South Birch
Denver, Colorado
80222
(303) 861-8158
Holy Cross Elecrric Association
PO Box 2150
0lenwoad Springs, Colorado
E 1602
Dear Sirs:
I would like to bring to your attention again a matler that I
complained about by telephotre nearly l8 months ago, but has never
been resolved.
l{y Vail residence is at 303 East Gore Creek Drive, Vail Town-house
2A &2D. This is right acliacent to Mill Creek as it enters Gore Creek.
Two and one half years ago a sub-contractor working on the
renovation of the "Ore House" building placed a ilew under- ground
vault and line from the back of our property, under the creek and into
the building.
As you can see from the enclosed pictures, the vault ended up a raised
concrete bunker in our back yard, but even more important, the line
uneler the creek was never really mvered. It now is not only
unsightly, but also most likely a life-safelv hazard.
Please reviev this situation immediatly, correct the problem and
Ireep me informed of your solulion.
assistance-
M.D.
cc: City of Vail, Building Dept.
,,OIN B. CROW SR., Il,D,P.C.
.\Rlllt R li. PRI:\'lit)l'1.. /\.D.P.C.
l),$'ll) ll. YOtiNC, t\\.D.P.0.
TTIE GROW SURGIOAL GROUP
GJio"o,oJ.. ."J Th"-"i. S"r6;""y
2045 F'"""[li" Sr.*"r
S,ir" qtO
D-,".". Gl","J" Bozos
86r-8158
RICIIARD K- PARKER, r\.D.
DANIU. r-. S,'\l',lll .D.P.G
October 1I, 1982
Mr. James Todd
5737 South Gallop Street
Littleton, Colorado 80120
Dear Jim:
Ftt'v
the entry area to
as shown in the
w 4,u
5737 SouthLittleton,
Please find enclosed copies of the proposed change to the entry
area to Vail Rose House 2-A. As you undoubtedly recall, thepresent entry is through a lean-to type of shed on the west end
beneath your unit. This entry area has a very poor appearance,
both internally and externally. I therefore propose to tear this
off and rebuild according to the drawings enclosed.
This will provide an external design that is more compatible withthe building, as the roof line and external appearance will match.It will also provide more light in the entry area by the additionof several windows, as well as providing a more suitabl-e entryfor a short-term rental unit.
If yott agree to this proposed change, I would anticipate that itcould be completed by nrid-November. If you have any questions
regarding this, or objections, please do not hesitate to call me,either at the office at 861-8158, or at home in the late eveningat 320-6620.
If you would please sign below, on the two copies of the letter
enclosed, this would indicate your approval of the project. Ifyou would return one copy to me in the enclosed envelope, and onecopy to my contractor, Mr. Rich Brown, in the second envelope pro-vided, it would be appreciated. You may keep the drawings foryour information. Thank you very much.
rd K. Parker, M.D.
I hereby
Unj-t 2-A,
drawings
approve the proposed renovation ofVail Town Houses, Vail, Colorado,
which accompany this lett
Gallop Street
Colorado 80120
Enclosures
RKF,/Bac 6,11.
JOHN D. GROW SR,, M.D.P.C.
AtrTHLR P. PRTVEDEI. .q.D.P.C.
DAIID H. Y0U'r-G, i1.D.P-C.
TIIE GROW SURGICAL OROUP
GJi"".*Jo -J Tl'.*.i" S*g*y
zO45 F"."U; St ""t
S"ir" 9tO
0.",".. GlJ" mzos
861-8158
RICHARD IT PARKER, M,D.
DANIDL t. SMIffi. Il.DP.C.
October 26. L982
To Whom It May Concern:
I am applying for a building permit for reconstruction
of the entry area to Vail Townhouse 2-A,
Please find enclosed several documents to substantiate
this application" the first of which is the Bylaws of
the Vai-l Townhouse Condominium Association. Pursuant to
this under Article VII, Section 78, pertaining to changesof the t.ownhouse; this is the only article within the By-
laws pursuant to structural changes of the building.
Please find enclosed a letter from the president of the
Townhouse Association approving such change.
Also as an enclosure to this letter, please find copi-es of
letters sent to the other owners of units 2-8, Mr. James
Todd, and 2-C, Mr. Sam Gary. The remaining unit, 2-D, I am
also the owner of. and lherefore no notification was sent
regarding this.
I therefore have approval of ownership of greater than fifty
percent of the building of Lot 2, resubdivision Block 5'part of Vail Village, first filing.
If you have any further questions, please do not hesitate to
contact me.
Parker, M.D.
RKP,zpscl6l6 31
Enclosures
VAIL TOWNHOUSE CONDOMINTU}I ASSOCIATION
44 South Birch
Denver, Colorado 80205
October 25, 1982
To tr'lhom It l4ay Concern:
Doctor Richard K. Parker, the owner of Apartment 2-A,in the Vail Townhouses, has the required approval ofthe Vai-l Townhouse Condominium Associ_ation Lo makethe requested modifications to his unit.
These modifications include the removal of the exist-ing entry area of his unit, and the rebuilding of anew entry area on the same, or nearly the same, founda-tion lines. This will also include a new roof line,which will closely match that of the existing remainderof the building.
Sincerely,14tu
Nancy S. Parker, president
VaiI Townhouse Condominium Associ_ation
RKP,upsc16l1156
o
JO B. GROh' SR,, M.D.P,C
ARITIUR E. PRNIEDEL, ]\.D.P.C.
D,{VID H, YOUNG, ,[I,D.P.C.
These rnodificationstotal removal of thebuilding on the samedifferent roof lineexisting building.
THE GROW SURGICAL GROUP
GJi""u""J." ."J TL*U" Sr-g*t
zoa.S L"H; S*"t
S"it" gto
D*"*, Gl*oJ" gozos
85r.8158
of the 2-A unit will- include aexisting entry area, and re-lines and same size, but with ato match the roof line of the
RIOHARD K. PARKER, II.D.
DANIEL L. SIiITH, ^41.D.P.0.
October 25, L982
Ms. Nancy Parker, president
Vail Townhouse Condominium Association44 South Birch
Denver, Colorado 90205
Dear Ms. Parker:
I am writing to you to notify you that I will be re-buildj-ng the entry area on apartment 2-A in the VaiITownhouses.
This- will reguire approval from you as the presidentof the Association.
Wou1d you please notify me as to your approval or re-jection of the proposed plans as i have- discussed. withyou.
Sincer
Richard K. Parker, M.D.
RKP/pscf 6,/1156
BY-IJIWS
OF
VAIL TOWNHOUSES CONDOMINIUM ASSOCIATION
The neme of rhe org.nizrdon shall be:
VAIL TOWNHOUSES CONDOMINIUM ASSOCI.ATION.
ARTICLE I
OBTECT
(pln of Ap|nmcnr Owner3hlp)l' The Frrpose for whlch thii nonptofit Asociarion is fqmed is ro govern the condorninium Foperty lituate in lhe c61t y ofEagle, State of Colondo, desclibed ar follows, ro-wir:
LoB 1, 2. 3, 4, 5 and 6, Resubdivision of Block 5, end e prrt of Gore Creek Drive. Veil Villrge,lrt Fiungi qrbjecr ro pN y WaU Agresnem of record;l'hlch ProPary h.r been iubmitted to the proviriors o-f rhe conabminium oernershlp Acr of the srste of colorado.2' All lresenl or future owners, tenan$. furure tenanb, or any orher person rhar might use the faciliti$ of the prolect in anymannet'| are subjecl to the reguladons set forth in there By'laws- The mere .cquisirion or renlal of rny of rhe condomtnium units(heteinrfter referred to as 'uniB") of the project, or the mere rcr of occupency of eny of reid unia, will rignlfy rhrr rhele By-Lrt sere eccepted, rerlfied and wiu be complted wittt.
ARTICLE II
. l- l'lemb?tship. ^t lly become a member of thirAssociation and be subject to these By'Lehrt s,t"tr membership shrll rermirnte without any formal Associetion lcdon wheneversuch person ceases to own a condomintum unit, but such rermin don shell not relieve q releale any srch former owner from anyliability or obligedon incuned under or in any wey connecred uith vail Townhouses condomtnium during the period of such owner-ship rnd rnembership in this Association, or impair any righs c remedie! nhtcb the Board of Managers of rhc Associarlon or orhersmay hrve agatnrt such fqmet.owner ard member
"titiog t: of, or in rny wry connecred with, such owne$hip end membershipsnd. the covenanB 8nd obliSrdons lncident thereto. No cerdficrte! of *o,cl riru be bsued by rhe A$oclsrion, but rhe Borrd ofManaEer! may' lf tr ro elects,- isse one membership cerd to thc onner(t) of e condominlum unJq such membe$hlp crrd *rrll bcsunendered to rhe se$etrry wheneva ownetship of the condomintum unii dstgmred thereon rhell rcrmlnate"
-. 2' votlnS' Voting rhrll be based upon the percenuge of the undlvidcd iiterert of each unlt owner ln the Gencrd commonElements' tc shown tn the Decleutlon oi$ch vait rowntiorsel condominiurn An owner of an urdtvided firctlonrl lnres.r in
;Jlr:ffi:f"tinlum unir shall be endtled to a vote equal ro his ftrcdonel oro*rr,if in "r*r in arch untt ormutetive voring
3. Majortty of Unlt Orrners- Aq r.p.l in 'ha.A o.,-r ^.- -'-- -' ''lt. As used in these By-laws, rhe term 'meioriry of unit owners' rhell meen tho6e owner! of atIeast Flfty-one (61%) Percent in the aggregate ln interest of rhe undivided orrnerrhip of the cener.l common Elements.4 Qrotum' Except er :}Tit"- Pt:"lded in these By'laws, rhe presence tn ierrcn or by prory of e "mrjoriry of unrr owne..es defined ln psrsgreph S of thls Article slrall consritute " qu*ur.5' Roxies' Voter may be ca$ in Person or by proxy. hoxies must be filed eirh rhe seqerary before the appoinred dme ofeach meering.
ARTICLE III
l._:9s4!-9[-Egs!9$&!'!9l.Theowners.,,nffiHtetheAssociationofUnitoflne's,heIeinafterreferred
lo as "Association'' who will-have rhe responsibihry of administering the projecr through a Board of Managers.z place of Meedngs. Meerings of the Asociarion shall be heid ar vail, colorajo, o. al such orher places yirhin rhe stareof Colorado as rhe goard of Managers may determine.3. Annual Meerinqr The first annual meering of rhe Associarion shalt be held on _. Thereafter,the annual meetinSs of the Association shall be helJ on December 28rh of "."h ,u."""diilldi-riilf,-ilEiilf rhere shalt bet'lt'ctttl by hallot of lhe owncrs a Eoard of Managers in accordance with rhe requfuemenrs of paragraph 5 of Arricle lV of these By-Laws' The owners may also transacr such other busines of r.he Associarion *In"y frof"rty come before them,4' sDeciel Meednqs' lt shall be the dury of the Presidenr ro call a ,p."i.t m."ung of the owners as direcred by resorulion ofthc Board of Managers ot upon a petition signed by a majoriry of the or,rners and having [""n pr"r.n,"d a,i" t".*,;rr. The noriceof any special meedng shall srate rhe time-and place of such meering and the purpose rhereof. No business shail be transacred at a
l[ii"' '"*'"t excePt as stated in the notice, untess by consenr of tour-fifltrs i+/strrs) of rhe owners presenl, eirher in person or by
5' Norice of Meetingr
l1
srrau be rtre dury of rhe Secrerary to man a notice of each annual or speciar meering, sr.ring rhepurgrse thereol as well as the rimc and placc wticre ir is ro be held, ro each owner of record, at reasr five (5) days, bur not more
*li::"lJi:1.'"ys Fior to srch meeting. rne maiung-oia norice in rhe manner provided in this paragraph shall be considerecl
6' Adjourned Meedng' If any meeting of ownets cennot be organized because a quorum has nor artendedr rhe owners who arePresen" either in person or by proxy' may adjorrn the meering ,o "-,ir" not lesr rhan iorty-eignt (4g) hours from the rrme rhe ori-ginal meering was ealled
?' order of Business' The otder of business er all meerlngs of the orrners of unlrs 3hrll be as follows:(a) ftoll calt;
(b) hoof of norice of meeting or waiver of notice;(c) Reeding of minutes of precedinq meetins.(d) Reporr of officer;
(e) Reporrs of commirrees;
(f) Etecrion of managers;
(g) Unfinished business;
(h) New business.
-l-
o ARTICLF IV
BOARD OF MANAGB.S
L Number and Qualification. The affairs of rhis Associarion shall be governed by a Board of Managers composed of rhree (g)
persons, The following Persons shall act in such capecity and shall manage rhe affairs of the Associarion unrit December l, lgOS,
or unril their successors are elected, to-wit:
Z Powers and Duri$. The Board of Managers shall have the powers and durier nece$ary for the adminisrretion of the affairs
of the Associstion and for the operadon and maintenance of a firsr-clas residenrial condominium projecl The Board of Managers
may do all such acts and rhings 8s are not by law or by rhese 8y-Laws oE by rhe Condominium Declaradon for Vail Townhouses
Condominium dlrected ro be exercised and done by rhe o$ner\
3. orher Powers snd Duties. The Board of Managers shall be empovered and shall have rhe duries as followsl
(e) To administer and enforce the covenants. condiaions, resuiclions, easements, user, limitetions, obligations and aIl
other provisioni set forth in the Condominium Declararloo submitdng rhe Foperty to the provisionr of the Condomlnium Ownership
Acr of rhe Stare of Colorado;
O) To eslablish, meke and enface compliance wirh such reasonable houge rules as may be nece3sary for the operarlon1
use and occupancy of this condominium project with rhe righr ro amend same from time ro dme. ,r copy of iuch ruler rnd regul,r-
tions shall be dellvered or mailed ro each member promprly upon rhe adoption thereof;
(c) To keeP in good ordet , condition and repair rll of the General and llmired common Elememr and all irems of per-
sonal property used ln rhe eqioyment of the enrire premises;
(d) To insure rnd keeP insured all of the.insurable General Common Elemenr of the poperty in rn amounr equal ro rheir
maximum replacement value ls is provided in the Declarado[ Maximum replacemenr value shall be determined annually by one
or mo.e vfiltten appraisals. Further, to cbtaln and maintain comprehensive liability insurance coverlng the entire premi!4 in
amounts not less than 1100,000. 00 per person and $300, 000. 0O per sccidenr, and $50, 000. 00 prop€rry damager. To lnsure and
keep insured rll rhe fixnres. equipmenr rnd pasonal Foperry acquired by rhe Associerion for rhe benefir of the ,,stoclarion end
the owners of the condominium unirs and rheir firsr mortgegees-
(e) To fix, determine, levy and collecr the monrhly prorered assessmem3 lo be paid by each of rhe owners toward the
Sloss exPenses of the entire Premises .nd by majority vote of rhe Board to adjust, decrease or increase rhe emonr of rhe monthly
assessmenB. To levy and collect special assessrnen$ vrhenever, in the opinion of the Board, ir i! necessaty to do so in order ro
meet increased oPerating or maintenance expenses or cosrs, or addirional etpitd expenlet, or because of imergencles. All
monthly or othet assesmenB shall be in itemized stetement fcm and shall ser fonh rhe derail of rhe varlous exlenser for whlch
the asgessments are being made;
(f) To collect delinquenr assessmenB by suir ot orherwise and to enjoin or seek damages fiom gn owner as li provided ln
the Declararion and these By-l,aws;
(g) To protect and defend the entire pr€mises from loss and damage by suir or otherwise;(h) To borrow funds in order to pay for any expenditure or ourlay required; ro execure all such insuumenc evidencing such
indebtedness as the Boald of Managers may deem necessary, and $ch indebredness shell be rhe several obligarion of all of the
owners in the same proporrion as their interest in the Generar common Elemenrs;(i) To enler into contracts withiD rhe scope of lheir duries and powers;
0) To e$ablish a bank account for the common treasury and for all separate funds which are required or may be deemedadvisable by the Boatd of Managers;
(k) To keep and maintain full and accurate books and records showing aIl the recerpts, expensqs or disbursemems, and top€rmit examinatioo rhereof at any reasonable time by each of the o*nor, anJ to cause a complete audit of rhe books and lccounts
by a competent cenified public accountanr once each year;(l) To PrePare and deliver annually to each owner a $atement showlng all receipts, expenses or disbursemenrs since rhelast such sr atement:
(m) To meet at leasr once each quarrer;
(n) To desiSnate the pcrsonnel necer\iuy for the maintenance and operation of the General and llmited common Elements;(o) ln general, to carry on the adminis[ation of this Association and to do aIl of rhose rhings necessary and reasonable inrrrdcr ro carry out the communal aspect of condominium ownership.4' Managing ARent' The Board of Managers may, at its dircrerion, hire a Managing Agenr, who strsll have all of rhe powers
and shall perform such duties as rhe Board of Managers directs,
- 5' gtsgl!!-glq Jerrn -91ofllle. At the finl annual meering of rhe Associarion, rhe rerm of office of one Manager shall befixerl at three (3) years, the term of office of one Manager shall be fixed at rwo (2) years, and the rerm of office of one Managershall bc fned at one (1) year- At the exPiration of thelnitial rerm of office of each respecrive Manager, his successor shall beelected to serve a term of three (3) years- The three (3) p€rsons actrng as Managers shall hold office until their successors havebeen eleded and hold rheir first meeting.
6' vacancies' vacancies in the Board ol Managers caused by any rearon other rhan rhe rernoval of a Manager by a vore ofthe Associarion' shalt be filled by the remaining Managefs, and each person so elecred shall be a Manager untrl a successor iselected at the next annual meering of the AssociarioIL ln rhe event such vacancy is not filled wirhin rhirry (00) days after suchvacancy occurs' the hesiden' shall call a special meeaing of all members of the Associarion for the purpose of etecting a Managerto fill such vacaDcy for the unexpired term rhereof.
. ?' Removal of Managers' At any regular or special meeung duly called, any one or more of the Managers may be removedwith or without cause by a majority of the owners, and a successor may rhen and there be elecred to fill the vacancy thus created.Any Manager whose removal has been proposed by the owners shall be given an opponuniry ro be heard at the meering.8' organization Meedng' The first meeting of a newly elected Board of Managers shall be held wirhin ren (10) days of elec-tlon at such place as shail be fixed by rhe Managers ar rhe meering at which such Managers were elected, and no norice shall benecessary to the newly elected Managers in order legally to consrirute such meering, providing a majority of the whole Board shallDe Present.
- 9' Reqular Meetings" Regular meetings of the Board of Managers may be held ar such rime and place as shall be derermined,ftom time to time' by a majority of the Managers' but ar least four (4) such meerings shall be hetd during each fiscal year. Noriceof regular meetin8s of the Board.of Managets silall be given to each Manager, personally or by maiI, telephone or relegraph, arleast three (3) days prior ro rhe day named for such mJeting.
-2-
l0' special Meelings. sP€ciel meedngs of rhe Board of Managers may be called by rhe presidenr on rhree (3) deys,Dorice roeach ManaSer, given pasonally, or by mail, telephone or relegaph, which notice shall stare rhe rime, place (as hereinaboveprovided) and prrpoe of the meetlnS. special meeunSs of the soard of Managers shall be called by the prestdenr or secrerary inlike manner and on like nodce on the wrirren r"qu.rt oi at least one (f) Uanefer.1l' lr/aiver of Notice. Before or al any meeting of rhe Board of uenageri any M8nage! mry, in vrriting, waive notlce ofsuch meeting' and such waiver shall be deemei equivalent ro rhe giving oi such norice. Atrendance by a Manager ar eny meeqngof the Board shall be g waiver of notice by him of the time and place rhereof. If all rhe Menageri are presenl rr any meeting ofthe 8oard. no norice shell be required. and any busines may be r*nsgcred at ruch meeung.lg Poard of Manaqets'Quotum. At all meetings of the Board of Managers. s majority of rhe Managers shrll constlrute a quo-rum for the uansaction of busines, and the ecr of tie majority of rhe Mrnigers pr"r"n, ", a meertng ar whlch e quorum 13 presenrshall be thc acts of the Bolrd of Mana8e$. If, at eny meedrg of the Board Ir u.*g"rr, rhere be less than a quorum presenr,those present may adjorrn the meeting from time ro ime. Ar any such adjourned m-eeting, any business which mighr have been[ansacred ar the meeting a5 .riginally celled, may be uansacred wirhour further norice.l3' Ftdelitv Bonds' The Doard of Managers shatt requue rher all officers and employees of rhe Aslocierion handling or respon-sible for Alsociation fundr' shall furnish adeluate fiaeury uondl. rte pemiums on such bonds 3hrll be paid by the AssociliorL
ARTICLE V
- I' Deslqnadon' The officers of the Associarion ,0.r, oHHF"€nr, r vice-hesidenr, . secrer.ry and r Treesurer, a1 ofwhom stlall be elecred by end from the Board of Managers.e Elecdon of officers' T}re offlcers of rhe Assolietion rhall be elected annually by the goard of Managers a! rhe o.ganiza-tion meedng of each new Board, and the officers shgll hold office rr rhe pleesure of rhe goerd.3' Removal of officerr upon an affirmgtive vote of a meiority of the members of the Board of Managers, any offiber maybe removed' etther with or withour cluse' and his iucce$d elecred rt any regular meeting of rhe Board of Managers. or 8t anyspeciel mectlng of the Board called for such ptrpose4' he3ident' Ttre President shall be the chief executive officer of the Assoclarion. He shall pre3ide ar rll meetings of theAssociation and of the Boerd of Managtr!- He strall hrve all the genenl powen rnd duttes which are usually vested tn rhe offlceof president of an assoei&uon, inctudinS, but not limited ro. tbe power ro appoint commirrees from among the owners from trmeIo lime as he may' in his diseretion, dicide is appropriere to rsskr in the conducr of $e sffairs of the Asociariorl5' vlcc'President' The Vice'Presld"nt thait trrve elt rhe poreu and authcitf rno perform all the funcdonr and duries of
*i,X*to""t'
tn the rbsence of the Presidem a uis inaiiury for eny rearon ,o "r"rJrr. such powerr rnd functions or perform ruch
6' secretary' The secretary shall keep all the minute! of ell meetings of the Bo.!d of Mrnagerr rnd dre mlnutes of rll meer-ingr of the A!rccl3llon: he shrll hrve charge of such books end prpers rs rh; Borrd of Manrgers mry dlrcct; rnd h. rhrll, in gen-erel, perform rU the dude! tncidenr to thJoffice of Secreury,
The sccretaty strall compile rnd keep up to date rt the principal office of rhe Asocladon a complete ltsr of members rrdlheir last known addresses es shown on rhe recsds of the Associetio[ such list shall also sholr opposite elch member,s name thenumber or other appropriare designation of the aparrrnent unrt ovned by such member and the garage c parking space and storagespace assigned for use in connection uith such .f"r,t"n, uniL slch lrsr shan be open to i$p€crion by members .nd orher personslawfully enrirled ro inspecr rhe same at reasoneite tmes during reguler business ho*rs,?. Treasurer. The Treasurer shall have ,esponsibiliry for rhelssociarion funds and shall be r$ponsible for keeping full andaccurale accounts of all receiPts and disbursements in books belonging ro rhe A$sociadon He sha[ be resporsible for rhe deposirof all monies and other valuable effecrs in the neme "J ,o ,t" credii of rhe .{s:lociarion in such deposirsries as mey, from time rotime, be designled by rhe Board of Managers.
4rTtqlE_Yr
l.TheAssociatton3hallindem'adminis!rators.againstllll$s.cost3
and expense' including counsel fees, ""'on"ity incuired by him in connection with any action, suir or proceedings to which henray be made a party by teason of his being or having been a Maneger or officer of the Association, excepr as ro marrerc ls lowhich he shall be finally adjudged in such
*action,
suit or proceeding to be liable for gros negligence or willful miscondu.. Inthe event of a settlement' indemnificaEon tn"rr ia proria"d only in- connection wirhiucn matrers covered by rhe settlemenr r$ towhich lhe Association is advised by counsel tnat rrre penon ro be indemnified has not been guilry of gross negligence or wilrfur mis-conducl in the performance of his duty as urch Manager or onicer in relation ro rhe marre, invorved. The foregoing rights shallnot be exclusive of othet tights t1 vhich such Managlr or officer may be enrirled. iii rr"u,rr,y, loss, damage. cosrs and expenseitlcurred or suffered by rhe Association by.reason or "arising
out of or in connection wirh rhe foregoing indemnificarion provi3tons.shall be trealed and handled by rhe Associarion ", "orro'n expenses; provlded, however, thar norhing in rhis Article VI conratned
;:t::#;::#,t;""1i's,:jl' Associatlon to inaemnifv anv member or o$/nef of a condominium unlt rvho is or has been a Mana-
of ,he va' rownhouses .;:il,1#T"il1,:?i"j'ffi*'rff::::Tl::"::il::;:Til::T"i_'r[*:;;"". bv vi*ue
*u"or,ffiff#, o""o,l' Assessmenrs'
^tt "*l:t j:.tl ue outigarea toJ[ rhe rnqnlhty essessmenrs imposed by .he Associarion ro meer the com-mon exPenses' Tte aitessmen6 strell be made pro rata according to percenrage intere$ in and to the General common Elementsand shall be due monthty in advance' A member shall be deemed ,o u" in gJra standing and enrirled ao vore ar eny annual orspecial meetin8 of membets' wjthin the meaning of these By-Lews, if and oniy if he sherl hsve fully paid lu assessmems made orlevied againsr him and rhe condominium unir oJned Uy iim.2 Maintenance and Repair.
(a) Every owner must perform promptly, at his own expense, all mainrenance and repair work withln his own aparrmenrunit, which, if omirred, would affecr *re proiecr in irs enrrrery of ln a prrr bel.ngtng ro otha owners;(b) Au rePairs of internel installarions of the unir, such- as.waler, righr, lasi power, sewsge, relephones, ri. condirioners,sanirary insrsllations' doorr' windows, elecuical fixtures and all other acces-ories]
"quipo,"n, and fixrures, including air condirion-lng equipmenr belonging to rhe unir area, shall be at rhe owner.r expense;
-3-
"(c) An owner shall be obligared ,o ,turr" rhe Associarion promptly upon receipt 0 r,.,"-"n, for any expenditurEs
incurred by ir in repairing or replacing any ceneral or Limired Common Element damaged by his negligence q by the negligence
of his tenants or agents.
3. Mechanic's Ueru Each owner agrees ro indemnify and to hold each of the other owners harmless from any and all claims
of mechanic's lien filed egainsr olher aparrmenr unirs and rhe apprrrenanr General Common Elements for labor, meterials, serv-
ices or other products incorporated in the oHner's apartment unir. tn rhe evenl suit for foreclosute is commenced, then, within
ninery (90) days thereafrer, such owner shall be required ao deposit wirh the Association cash or negoriable securities equal to the
amolnt of such claim, plus inlerest for one (1) year, togerher wirh rhe sum of 3100.00. Such sum or securities shall be held by
lhe A$ociation pending final adjudication ot serrlemenl of rhe claim or lirigarion. Disbursement of such funds or proceeds shall
be made by rhe Associarion ro insure paymenr of or on account of $ch final judgment or settlement. Any deficlency shall be paid
forrhwirh by the subjecr owner, and his failure to so pay shall emirlc rhe Association to make such peyment, and the amount lhere-
of shall be a debr of rhe or,rner and a lien againsr his condominium unir. which may be foreclosed as is provided in Paragraph 2,r of
the Declarstio[
4. General
(a) Each owner shall comply suicrly wirh rhe FovisioB of rhe Condomlnium Declrradon for Vail Townhouses Condomin-
ium;
(b) Eadr opner sh8ll .lwsys endeavor to observ€ and lromore the cooperative purposs for the eccunpltrhment of which
the Vail Townh$se! Condominium Fojecr wa. built.
$. Uie of Units - lnrernal Changes
(a) AII untt! sh&ll be utiuzed for residenUal purpcrei onlyi
(b) An owner shrll nor make strucur8I modifications ot alrerarior[ to his unir or insrellatlons locared therein wirhour pre-
viously notifying rhe As3oci ion in writing through the Man8ging Agent, or, if no Managing Agent ls employed, then thtouSh the
ftesident of the Board of Managers. The Associarion shall have the obligadon ro answer within ten (f0) days afier luch notlce, end
failure to do io within such time shall mean rhar there is no objecrlon ro rhe proposed modification or elteration.
6. Use of General Common Elements and Limited Common Elemenrs. Each oener may use the Generrl Common Elemenrg
and the Umlted Common Element3 in ecccdence with the purpo$ for Hhich rhey were lntended, wlthout hlnderlnS or encrorchlng
upon the lawful rights of the other owners, l
?. Right of Ensy.
(a) An ovtner shall grant the rlSht of entry to the Managing Agenr, or to eny other pelson ruthorlzed by the Board of Msn.-
8ers, ln csse of any emergency originsting in or threarenirlg his unit, wherher rbe owner is pre3ent at tle time or noL
O) An owner lhall pesmit other owners, or rheir represenrariv$, whe[ so requlred, ro enrer hls unit for thc purpose of per-
forming lnstallatioru, elter*loru or rep.irs to the mechanicsl or electslcal retvlce!, provided rhar requeu$ for enuy rre mgdc ln
rdvance lnd thst such en$y is at I time convenienr ro the owner, In case of ln emergency, such right of entry shrll be lmmedtrte.
8. Ruler rnd Regulstions.
(a) No r$ident of the project shall post any advenisemenr 0r poirer of eny kind in or on the project, except rs authorized
by the Association;
(b) Owners and occupants of .partment units shall exercise extreme care to avoid making or permirting to be made loud
or objectionable noises, and in using c playing ct permirring ro be used u played, musicrl i$truments, r.dis, phonographs, tcle-
vision sets, amplifiers and any other in$rumenm a devices in such manner as rnay disorb or tend to ditturb owners. tenants or orher
occupants of condominium units;
(c) It is Fohibited to hang garments, rugs and other marerials from the windows or from any of rhe facades of the project;
(d) It is Fohibited to throw garbage or trash outside rhe disposel insrallarions Fovided for such purposes;
(e) It is Fohibited to dust rugs or other materials from rhe windows or ro cleen lugs by beering on rhe exrerior parr of the
proj ecti
(f) No owner, resident c lessee shell install wiring for elecrical or relephone installation, television antennae, machines
tx ait conditionin3 units on the exlerio. of the project or ftat prouude rhrough rhe walls or rhe roof of rhe project, excepr as au-
thorized by rhe Associarion;
G) No Pets shall be permitted in any condominium unit or in or on any pan of the common elements, except upon mirren
approval by rhe Board of Managers or Maneging ABenL
The Board of Managers or the ManaginS Agenr reserves rhe power ro esrablish, make and enforce compliance wirh !uch
additional house rules as may be n€cessary for the operation, use and occupancy of rhis condominlum project, r,rlrh the righr to
arrrcnd same from time to time.
9. Dcstructiott ot Obsolescencc. Each ownsr shall, upon becoming an ouner of a condominium unit, execute a powa of at-
torney in favor of the Association, irrevocably appoinring rhe Associarion Ns arrorney-in.fact to deal with rhe owner's condominium
urlit upon its destruction or obsolescence as is p.ovided in Paragraph 30 of rhe Condominium Declararion for Vail Townhor.rses Con-
dominium.
ARTICLE VIII
.. AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP
l. These By-Laws may be amended by the Associarion ar a duly consriruted meering for such purpose, and no amendment
shall lake effect unless approved by owners representing at least Seventy (?0%) Percent of rhe aggregate inreresr of the undivided
ownership of the General Common Elements.
ffitr#l. Notice to Associalion. An owner who mortgages his unit shall notify rhe Associarion ttuough rhe Managtng Agenr, if any,
of the Ptesident of the Board of Managers, giving rhe name and addres of his morrgagee. The Associarion shrll mainrain such
inlormation in a book enrirled 'Morrgages of Unia.'
2. Notice o[ Unpeid Assessments. The Association shall, at rhe request of a mortgagee of a unit, report any unpaid assess-
ments due from the owner of such unit.
ARTICLE X
COMPUANCE
1. These By-Laws are set fotth ro comply with the r"quir"r"nrr of rhe Srare of Celg3do Cond om inium,Otug$ttiB-:lq L IfanyoftheseBy-Lawsconflictwithrheprovisionsot,"iothesta$te
witl apply.
1' Thls Alsociation is not organized fc profit. *" ,nffirnber of rhe Board of Managers or person from whom theAssociation may receive 8ny proPerty or funds shell receive.c lhell be bwfuuy enrirled to receive any pecuniary profir from theopelatio[ thermf' and in no event rhall eny Pert of the funds c arse* of rhe Association be paid as salary or compensarion to, ordisuibuted to' or lnure to rhe benefit of eny member or th" g*ra of Manager; provided. however, rlways (r) rhat reasonebre corn- /pe$rtlon mry be peid to snv member * M"*gut wldle ecdng^ *_ ea rgent ." employee of rhe Aslociation for servrces rendered in \effecttng onc ot mo'e of rbe purpoccr of the Ariclatlon, and 1-zy tlet eiy r.rio'or',i" Board of Menager! mey, from ttme ro
lHilt:o;tto*ted for hir ecual rnd rersonrble "*;; lnqured tn connedion wirh rhe admint$sdon of the rffeirr of rhe
l' The Regl3tered office rnd the Fincipr, oor"" ,or#l*H"n of busrness of this Association strall be
Colorado, end the Registered Agent strrll be
et &e leme rddresr
*,,l;.J:Jji'rffi*::::;JjTj"#:.r;}::murnentsofconvey3nceorencumbrances.incIudingpromis-
IN wI?NEss
'HERE'F'
The urdenlgned heve hereunro ,"r rbeir hends rrd rerlr ar Denver,Colondo, rhi3 dey ofr96_.
EOAND 08 MANAGERS:
(sEAL)
(sEAr)
{sErL)
;ffi^l*,Tfl"::"HT"f:fl1j,,,T:::i".::11:,f:* secretaryof the corporation known as va' rorynhou,u, con_l"Hxj'fi il il:,1",i :ilil r,'*"T:F:1#;i *"' "# fr J",::f#T#l;Jlft:"ilJ:STfr ;^.-1T",t:n, rs the By-t wt of 3ai; corp;r;"", ;;;and rhet they do novcoru,ir," ,r," o"].L'lr"l'j.,''l1l ..".......- dT de Ue By-kws of said CorfaUoru 186_,
ATTEST:
(sEAt)
Sectetary
-5-
O coNpoMrNtuMpEcLARArroN
FOR
VAIL TOWNHOUSES CONDOIVTINIUM
? wHatAS ' VAIL
"owilHq'sEE'
tr-n , t tL.do qF..tor. bacrruftcr crllcd .Dccr'enr,. rr rbc orncs of thc.Y:"f"-tt fnle h tc c''" J qg..;; or corcrdc, derbcd u frunr. ro-urLotit, 2, 3, 4,- s-ina 6, Rcsubdtvigton oi-a-loctrls,-anaa part of Gore Creek Drlve, Vail Village, lat tlllng,subject to party Wall Agreement of record,Together with the right to uie the roads, etreete, drlves, lanes,PLaces, circles and walkways as ehown on the maps and prata of vailVillage. Firet Filing, vait village, second Fillng, Vail vtllage -Third Filing, and resubdivisions thereor, filed in the prat Book 01Eagle counti at pages 49, 50, 54, 56 and 59. for accese to ana trojtlre premiscs, which right shalr be appurtenant to and run with theIand and ehall not be construed to be personal
lNol'' TfiEREFQE' Decl&anr does heteby nrurisn 1{ lyrare rhet
-rbe
folrortng r€rm!. coyenrnB, corditior!, e.remenrr,re*ictionr ' uset' umilrtlo* and o!tlgai16;6 fu"u u" i""o.aa .o run ."irb ,lu t"rr,- r't.tt be e burdcn rnd e benefir to Dectr*m.x:l"H:.TJlf :::'#:: :xrnlfnl{{'ngr*l;;;;;: 'x *'o*,, rnd ,mFovemcnu, ,her, gren,ces,
r. DEflNITIONS. udels_ Ue conrext strell expresrly provlde otherutre.A' 'APartment'or 'rPatulent untt'mcans en individuel air lprce vhich ir conrrined wirhtn dre p€dmcrer wallr. floorsand ceilingr of r unit tn the buridtng
"t ,r,o*" ;;;;"p rttached h€rero .rd mede r perr hereof;B' "cordomlnlum unit'mesns one tndivtduii t rp.:u unrt, togeter rr,h,lr" in "r* rn the Gen.rd coromon Elemenrrend umlred common aementr rppurtenrit ,o-r"J-uni,
", herernrfter deflned;C. "Owner" merr
of, rho o** oo" o.-r*;S"ifffi;tlil;r,"**ttton' peroenhtp, r$oclrdoF c other lcgat c iry, or rny corbinrtion rherc-
D. Tte rerm teoerrt Common Bemems. mearrl 8rd lncluder:(r) The rrnd rnd
-improvements designared as Gene,rl common Eremenrs on the mep;
l|i :ilHf*ed air sPacqs as are iovided for cornmuniry o.
"orn-*o-n ur., rr
"ny,
common f"it "t rhe lsoPerry nece''o,y s convenient to itt exirrence, meinrenance and rafety, or oqma'y inE .Limtred Gom
of rhe owners "r,i" .."i".1?lr""Ten'5' means a part of the cdnmon elements reserved for the exclurive use of fewer rhen ell
.* ",,,,!i,,, lii;Itrj##;fffr:rffi::"T:#:t".:* the rend. rhe building. ar rmprovemenrs and ruuctures rhereon,G. "Common exp€mer- means and inctrici,(l) All $mt lawfully assessed agalnsl thc c_eneral common Elemenrs by rhe Maneging Agenr or goard of Managerr;t'
ff,::
of 8dminisuarion
"-na
tt*g*enr, rn intenance, repair or reptacement of rhe General common Ele-
(3) Expenses o:-r]:i"o common exp€nses by provisionr of rhi! Dectafedon rnd rhe By-Laws; and(4) Expemes agreed upon a, aornrnon.*p",nr", by the owners;H' -Associstion of unit owners' or 'associa'u#-."*.. coro.aao nonprofir corporsrion, rhe By-Laws of whlch shallgovern the edminirratlon of this condomint"t *"0""t, 'tne
members of which ,i.rii" ", of rhe or,vners of rhe condominrum unic;
'r," fr*, :;. ;*:;"T ;ffil;"ffi;'":n,t:,*fi'li;nsineerins survev of tr,e i.na rocariog rhereon au of the improvements,
.
,. 'uongrge" and/or .uusr 0"";
"r;oi,rJi "iSrammatic
Plrn dePicring a part of or all of the improvements.c secutity insrume]nr""reating a tien on any condomi""r,ltlll,.*t""s and includes any mortgage. deed of rusr or orher arsignment
,,,', r"""$i"T:i::l*:Hij:ilTrj::ilrTil.'",flllJ,[:T].T::,1::rj';T#i:::r;,::ffi:""":ir;",,::,::I;;:"
land; (ii) the linear measuremen's and locarion, wirh reference ro the exrerior boundaries of the land, of the building and alr otherimProvements built or to be built on said Iand uy o""r"r"-n,, (iii) noor plans and erev*ron ptans of the buirding buih or ro be builron said lend' showinS the t*-1tt"jf, the uuitaing desr;;;;;", rhe apartment o"rign.,ion and rhe rinear dimensions of each aparr-ll'lllil;illJ,il:HH:l"j:::,:1','"'"t ::Tff: "'*"n,,' (iv) the erevaJons or rhe unrinished inrerior surraces or the ,oors
",,,"..""1iffi3.nconvevance
ora conaominiu;#:fi:':;TTii::'":i:31i.l.l;H:;:,:'Jn:?ffi';""."*
w*h, fu,,v ;;. .;*il";;i{,:Ji:'ljit'11'f,ri*ifJ:Ti;:',fi
"?ji""#ed
map o, '';; ;;i"0";;;;neous,y ,here-
nations' the dimensions of such unirs uno ,r," .r.u"iio"r'"i ,r," floors and ceilings.
mProvements' the apattment unit desig-
3' Tte real properry is hereby divided into rhe following fee simpre esrates:
iaenrifieJuy lTil: :tJffi:mple estates ton'i"ing or1*"lve 112; separarely designared aparrmenr units. each such unir bernS
t
KNOW ALL MEN BY THESE PRESENTS:
Ttu
,r[odr3
-l-
"
& The Ponion of the entire *"rnl."ror"d to as rhe General common rt"*"n,ti"h shau be held (in fee simple)
in common by the ownen, each such undivided interest being apFr enrnt to one of rhe rwelve (12) apartmenr unirs, Declaranr
does hereby erreblirh each undivided inrerest in the General Common Elemeno tppurtenant to each of rhe apartmenr unlrs as rhe
followlng:
Ap&rtmenr
Unit Numbet
2A
28
w,
2D
3A 0firer)
38 (Upper)
4A (Lower)
{8 (Upper)
5A (l.ouer)
58 (Upper)
6A (Lower)
68 (Upper)
3.r64b
2.8dgl.
g22w
?.911*
& 86r*
10. 126s :
1r.39{%
c22W
le 026r
8.2e8F
11.0?6*
?.91r%
100. *
ApFrr!enrnr
Undivided Intere$
(Percentage)
Total
4. A Posdon of the General Common Elements is ser aside rnd reserved for the erclusive use of fewer than alI of rhe or,rners,
luch ere$ being the Llmited Common Elemenrs.
The Umired Common Elements reserved for the excluslve use of rhe individuel ouners rte the following:A. The lend on the ssPecrive lot in the Resubdivtsion of Block 5, tnd r pert of Gore Creek Drivc, vrtl ViUrge, r*Flllng, upon whlch ruch condqnlnium unit lt locared;
leortc+-Paragraph 48'is del_eted.
c. Tte hells' conldors, lobbies, $airs, st.irway3 end enuances snd edt! of rhe building on the lsnd on rhe rspecuvelot in the Resubdlvillon of Block 5. and e part of Gore creek Drrve, vrtl viurge, lsr Fiung, upon r*hich ruch buildlng it loc ed,leeding ro riore than one condominium unir;
D. Tbe installaaions cottslstinS of the equipment and the m.rerials mrltng up the cenual seryices, such as power, lighr,gas, hor and cold water, heating and venilation and the spaces conuining such equipment on the land on rhe respective lor in theResubdivision of Block 5. and a parr of Gore Geek Drive, vail village, rst Filing, upon r*hich such condominlum unir is locered;E. The aurornoblle parking spaces;
F. The storage ipaces;
G, Eech balcony adjoining an aparrment unir rnd $sociared therewirh;H. Each pario area adjoining an aparrmenr unir and essocieted therewith;
as the same are shown on thc map The parking and storage spaces shall be allocared and asigned by rhe Declaranr ro rhe respec-llvc colrdominium unils' [acll balcotty arrd cach patio arca adjoining and associared wirh an apanmenl shall, without fur:hertt:l( rcrlcc'| be lhe Lilritctl conunotl [lettt(rtts associatr:d a ntl uscrl wirh such apartmcut unir. All umited common Elemenrs shallbc uscrl in collnectioll with lhe particular apartmcnr uIir or units, to the cxclusion of the use thereof by the other owners except bylrrviratioll' No condominium unit owllrir shall ptant any trees or otherwise consruct or erect any barrier or fence on rhe north side(tl tll{'cllrlrc ptcllrlscs, wltttlt wlll ob\lruct llru vir:w ol arry courlurrrrrrium unit owner. The decisron of the Board of Menagers of theA-\s(rial ioll (n the MallaSillS Agcnr shall bc bilxling alld corrclusive on all condominium unrt owners $irh resp€ct to such obsuuctiono[ arry view.
5' Each apartment and *re undivided interest in rhe General common Elemenrs and Limired common Elements appurrenanrtltcreto shall be inseparable and may be conveyed, leased or encumbered only as an entire condominium unit.
6' Every deed, lease, mort8a8e, rrust deed or other instrument may legally describe a condominium unir by its idenrityingaParllllcrlt unlt number' followed by the words, 'Vail rownhouses condominium,' wirh furrher reference to the recorded Declara-tion and maP' Every such description shall be deemed good and sufficienr for all purposes ro convey, transfer, encumber or orher-wiss affect the General common Elements and the Limiied common Elements reserved for use wift such aparrmem unil
. '!' Declarant shall give wrilten notice to the rax assessor of Eagle county, colorado, of rhe creation of condominium owner-ship of this proPerty es is Provided by law, so that each aparrmenr unit and its percenrage of undivided interejr i,.' the GeneralcolllrnoD Elernen6 shall be deemetl a separatc parcel and rubreca ro separate asscrsrne't and taxarro',
8' A condominium unit may be held and owned by more than one pe.son es ioinr renanrs or as rensnts in common, or in anyreal properry rcarsey releriorship recognized under rhe iaws of the srate of cororado.
9' The General common Elements shall be owned in common by all of rhe owners of the apartment unirs and shall remainundivided' and no owner shall bring any action for Partition or division of the General common Elemenrs. Nothing conrained here-in shall be conitrued as a limitation of the right of pardrion of a condominium unit between the owners thereof, but such parritlonshall not affect, in any vJay, any other condominium unit.
l0' Each owner shall be entitled to exclusive ownership and possession of his apartmenc Each owner may ule rhe Generalcontmon Elements in accordance with rhe purpose for which they are inrended, rvithout hindering or encroaching upon the lawfulrighrs of rhe orher ovners.
11' Each apartmenr shall be occuPied and used by rhe owna only as and for a residential dweuing for the owner, his family,his socirl guesrs or his renants._
-2-
rz il any Pqtion of rhe Genersl common Elemenr encrorches upon rn epartmenr unir or unirs, e valid eaiemenr for rheencroachmen' and for the maintenance of same, so long es ir srands, shall end does exlsl lf any portion of en ep3;rmenr unitencroaches upon the general common area or upon an rdjoinrng aparmenr unrr c unirt,; ;tt;'J;;;,1*- *lln.ro."*"n,and for the maintetrance of same, so long as it stands, stratl and doe exist. ror title ot oher purposes. ruch encroachmenr(s) rndeasement(r) shall nor be considered ol determined ro be encumbmnces etther on rha Gencrrl common Elemenr or the aparrmenr
u nits.
13' subsequent to the comPletion of the lmpovemenB described on rhe map, no hbor performed c materiah furnished rndincorpaeted in en rprnmenr unll with the content or at the reque$ of the oyner thereof or hir agent or hh conurctor or subcon.u'cto' shsll be the brsls for riling of r lien against the rp tmenr unir of eny other owner nor expersly consenrlng ro or requerrtngume' or tgrin!' the Genarl common Elemenr owned by $ch orhs o*n"ri E
"h
owner rtrall indcmnlfy rna nJto hrrmles etchof rhe other owners from and agatnst all liability riring iromrhe ctrim of eny llen rgeinsr fte sparrnent unir of any orher own€r,o( a8sinrt the Getreral common Elem€ s fq corstruction performed or for lebor, taLiatr, E€rvic€r o orher products incorpcrtedi|l rhe owner'r apartment unit et srch ohrner.! ]equest.
14' The adminis[rdon of
-rhis
eondominlum Ptopeny shall be governed by rhe By-Laws of Vall rownhorses condominlumAssocirtion' a coloredo nonprofit corPo.ation, hereinafrei referred io as 'Asociarion" - A cerrified copy of rhe certificere of In-corPotation of ruch corporation 3hall be recorded simuhaneously wirh ahii Dccl.ratiol An owner of e condominium unit, uponbecoming an owner'| shall be a member of the Alrocirdon end shell remain 8 member for the period of hir ownerrhip, An exclu-live Agent for the oPeration end management of rhis condqnirdum may be derlgneted by rhe A$ocltrloL
l5' The onners shall have rhe i'rtevocabte right. ro be exercis€d by rhe Managtng Agenr or Doard of Managers of rhe A$ocir-tion' to have lccess lo erch apartment unia trorn rime ro time during rernebl. n-orri
", may be necertrry for the maimenrnce,rePait or replacemenl of rny of the Generel common Elemens uerein or rccerible therefrom. or for meklng emergency repai*lherein nece$ary to Plevenr damage ro the General o. umired common Elementt os to anoahes apa4ment unit or uni*.
16' An owner shell mainnin and heep in rePair the individurl cquipmcnr rerving his aparunenr rnd rhe interlor of hisownspartment'| irictuding the fixtures thereof" All fixtutcr and eqipmeni rmraued rnhiln the .perrment unir commcnclng ar a poinrwhere lhe utility iines' PiPet, vires, corduits or syremr (vhlch fot brevity lrc hereafrer referred to rt -utiude!.) cnrer rhe aparr-ment unir. rhrll be mrid.ined rnd kegt in repeir iy the ovner thereof.
.","j:'",1: il:::,t*:"f no acr or eny wck that Yill tmp.ir th€ ruucrunt toundnes or iNegrtry of the buitding or rmprii any
l8' An o$tner shatl not be deemed ro own the urdeccated and/or unfinished srfaces of the perlmerer walls, floors and ceil,ings surrurnding his epartment unit, nor shell such owner be deemed ro o$n rhe urilitier runntng rhtough his apanment unit whrchare utilized for' or serve more than one apartment unia, excepr as a tenan. in common with orher owners. An owner, however,shall be deemed to onn' and sholl maintain. rhe inner decorated and/or finished surfaces of rhe perimeter and inlerio. wals.flslrs and ceilings' doors' wirdows anrl other such elemenrs consisrin8 of paint. wellpaper eftt orher finislrtng materials,
l9' Each or'nes shrll conrPly slrictly wirh lhe Fovisions of rhis Declaration, rhe By-[.errs and the decfuions and resolurions ofthc Al3ocialiorr adoPted pursuant thcrero. .s thc ,"nre nray be rawfuuy ",n."d;;l; lim" to rime. Failure ro comply vrith anyof lhe same rhall be grounds fot au action to recove*ua, du" and foe damages oa injuncrive relief or borh, including reasonableettorneyt' fe"s' maintainrble by. the lvrlanagiug Agenr or Board of Managers il the name of rhe Asrocietion on behelf of the owne*.or, in a lroper case, by an aggrieved owner.
20' This Declaradon may be revoked and/or amended by, and only by, rhe wrirren, recorded consenr of the owners represenr-rng en eSSre8ete ownership interest in the cercral common Elemenrs oi "il""r, sevenry-five (?ss) percenr thereof, rrd all theholderl of lny recorded firl mortgage o any firsr deed of rrusr covering or affecring any or all condominium units; provided, how-ever' that the percentage of the undivided interest in the General common Elements rpFrrrenanr ro €ach aparrmenr unitl as ex-Ptessed in this Declaration' shall have a Pelmtnent character and rtrall not be rlrered without rhe consent of all of the condomin-irrr urir owner! ls exprcssed in a dury lecrrded rnrc'dr'errr ro rhi3 Decleration.
2l' The assessments mede shail be based uPon the cash requiremenrs deemed to be ruch aggregare lum as the Managing Agenrq Iltc Eoard of Mauagers of the Associatlou shati, from rime to rime, derelmine is lo be peid by ell of the condominium unit own-ers' including the Declarant' ro Provide for the payment of all esrimared .rf".* gr"r,"g out of, or connected hrirh, rhe main-tenance and oper'tion of rhe Generat common glem"ntr, which sum may incluae,
-"mong
other things, expenses of menagement;taxes alld special asessmenls unril separately assesed; fire imurance wirh extended coverage and vandalism rrd melicious mischiefendorsements altached' i3sued in the amount of rhe maximum replacement velue; ca$alty and public liability and other insurancePremiums; landscaPing and care of grounds; common lighring and hearing; rep3irs and renovarions; wages; comrnon warer cnarges;legal and accounting fees; management fees; expenses Ind liabiliries incurrei by the Managing Agenr or Board of Managers underc by reason of this Declaradon; the Paymenr of any deficit remaining from a previous period; rhe qearion of a reasonable contin-Sency or other reFrve or surplus fund. as well as orher cosrs and expenses relaring ro the General common Elemen.. The omis-sion or failure of the Board to fix the a$es$nenr for any mondr shall nor be deem-ed a waiver, modificadon s a release of rheownen from rheir oblig.tion ro pay.
The Managing A8ent or Board of Managers shall obrain .nd mainrain at all rimes imurance of the type end kind providedheteinabove' and incfudtng covetaSe for such oiher risks, of e similar or dissimilar narure, ai are or shsll hereafter cusromarily becovered with respect ro other apartmenr o, condominium buildings. fixrures, equipment and personal properry, similar in construc-tlon' desiSn and use' isned by resPonsible insurance compani$ aurhorized ro do business in rhe srare of colorado, The insuranceshall be catried in blanker Polcy Io,.. naming the .qssociarion rhe jn$red, which policy or policies rhau idenrify rhe inreresr ofcach condominium unir owner and rvhich shall irovide fa a srandard, non-conriburory morrgagee clause in favor of each firsr mort-Sa8ee' lt shall alrc Provide thal it cannol be cancelled byeither rhe insured or rhe insurance company unril after rwenry (20) dayi.Flor written no(ice to each fint mottgagee' said Managing Agent or Board of Managers sheu, upon request of any firsr mo*gegee,
-3-
' ' furnis[ " ""t""*o *0, :l :::.:'-"1u* ryril* rhe.separale cerrificare idenrifying ,n. r,t, of rhe morrgagor. Alr thepolicies of insurance shall provide rhat the insrrance thereunder shall be lnvalidared or suspended only in respect to the tnrerestof any particutar owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of suchPolicy' including payment. of the insurance premium applicable ro rhar oinlr's interesr, or who permits or fails to prevenr rhehaPPening of any event' whether occurring iefor" or after a lms, which, under the provisiom oI such poticy, would orherwiseinvalidate or suspend the entire policy' but the insurance under any $ch policy, as ro rhe interesrs of all orher insured owners norguilty of any such act or omission, shall not be invalidared or suspended,'ana shall remain in full force and effecl Derermina-tion of maximum replacement value of all condominium unirs (fq insuance purposes) shan be made at least annurlly by one ormore written apPrsisals' copies of which shrll be furnlshed forthwirh ," .i"i ,it"rlg"gee of a condominrum uniq In addirion, eachowner shalr be nodfied of uch eppraisar(s) v' c ee'Nrxrrrruqm urut
In rddition to any of the iruurance cerried above, any owner of any condomtnium unit may carry, et his own cost andexpense, such insurance es he deems necesgry and proper,
22' All the owners shrll be obugated to pay the estimated sssessmenrs imposed by the Board of Managers or Managing Agenrof the Association to meel the eommin t"pt*"i E*".pr fo, insurance premiums, assessmenrs shall be made pro rata rccofdingto each ownet'g Percentage interest in and io the General common Elements. Assessmena for insurance Femiums shall be basedlifty::,i;:l:: ::ffj:'"t Premium(s) that rhe imurance ce'ied or r condomrnrum unrt be.rs to rotar coverage. Assessmenrg
*ir**#fl1txt",,#r"",-#[tf#::H*al"i::#:Tfl:H:::1"i#,,**:"*l:'"":*:[*#;"
rhan rhe
":;H';"1;:rnonrhlY
asses$nenB shall be Prorsred if rhe ownership of a condominium unir commences on r day orher
23' No owner may €xemPt himself from liability for his conrriburion rowards the common expenses by vraives of rhe use orenjoymenr of any of the General or umired common'Bemenr3, or by abendonment of his rpanment.
U, All sums aslessed but unprid for the share of c
:f;'l;',,:,li: (8"e) ;;;", per rnnum, ,n.u .o*,i *l1loJnTlTff;ffffi:i",'ilil;:J|fjl;ll;.lf:jl"jlllgr;1,,Tl
A. Tax rnd rpecial assessmenr lieru in favor of any asesing unit; and
charges, :,,,1'ir'lili?H: ir";"H:f;:tit":J*tt"' deed or uusr-or recorJ, incruding, wirhour rhirstron, rnrefesr, rate
To evidence such uen'
-the
Board of Managers or Managing Agenr mry, but rhall not be requircd ro, prep.e a wdtrennotice setting forth the amounr of ruch unpaid ino"ui"an"*, the neme if ,h" o*n", of rhe condominium untt aia ttre aescripuonof the condominium unit'
-such a notice 'r"u u. rign; by one of the memberr orthe Board of Managers or by the ManegingAgenr and may be recorded in the office
"f ,n" cr"rok'""a Recorder of rfre Cornty oi igte ana Srate of Colorado. Such lien for;::.:iffiH:ffffi,,*:xll":"h';iil'"*if1: ltffi;; ii#"+:"'"n,. Such e ,ien may be enrorced by
recording of a notice @ clarm thereof. rn ""y *"ii"r".,*ure, rhe owner srrau r;.*T"il; loH,:;:."nj*t::f#,u|l1,:;proceedings' the costs and expenses for filing ihe noti"" o, claim of rien and arl reasonable artorneys, fees. The owner sha, arsobe required to pay to the Associalion a reasonable rental for rne conoominium
""i, i"rr"g rhe period of foreclosure. rnd the Aiso-cialion shall be enrilled lo e receiver to collec' same. The A5socierion strar have ,h" por", to brd in rhe cordominium unit arfrrrcclosurc sale and ro acquire-ard hokl, lcase, ;u.;"g. am.l convey same.The amount of the cornmon expe[ses "*tsi'"g"imr each condominium uoir shall also be a debt of rhe o]rner thereof at;:,'":','il''J:ff:ffi:J ffi:j:[':#""";;-";;'*v judgmenr ra unpaid "o"on expenser shar be mainrainabre wirhour
Any encumbrarrccr holding " li"u on a condom,
iijj,J'il, il:"ffi:;:: paymenr,-ich """,,b,;;;;:;H:':i:l:?J:l illliitrHffi:,ffiTil,il:"l,l,j,.iinJ;:
ttr?;'JT6];: "r"::;ilili:t""Jal":;ff:" flo'00' a,d upon rhe ]'rirrcnrequesr of env owner or any mofrsasee or
slatemenr serringforth rhe amounr of rhe unpaid "o|n*ortlt:n'
by its ManaSinS A8ent of Eoard of Managers, shall lssue a wrirren
currenr monrhrv ",r".,'"nt and rhe date,r,"r *"rr",r.*-.iJ,T::;:l:l:: :r::,:lTrr::J:"rj;i:ffil,H ;r;H,T;:ff ;cludinS' but not limited to' inturance Premiums, *irJ'*"u be conclusive up*-,il erro"i"rion in fsvor of all persons who rery;:;:"":l':,fffijlj'L#ffi:Hm:,iU*: n:,t
or indebtednes ,r,.ir-i" ".,pu"d wi,h within ,""n,y izo; days or such
of rhe person requesting ,u"i ,r.,",n"n,- Prior to the date of making such request stratt ue nruoralnare to rhe llen
nr, orro*lli"1lil::"tjffltt shall be jointly and severally liabte with the granror for au unpar<r assessments against rhe larrer for
m""" n*{r:I:";ff"r::::liii:lJ;jfii:il::"1:ilffi::"#i:*:*ll;::'J."ffi:]ilif;ffi"';'::'
Asenr or Board of "";";;;rl?l;;XilT'"it;jJLsu'h
Pro3pecrive granree shau be enrirted ,o " ,,.,",n"n, from the Managing
amount of the currenr m"on*rry "rr"irr"n, "ro *" 0","-*l:;:tJ:t"::ililff::"jJl]' with respect to rhe subject unir, rhe
Paid items' including' but nor limi.ed ,o' tn*..n"" prJoru,nr, which shau u" "on"rurli" ffiojil:'^r"ffl"TlJ"tfi;:::J"t;:J:"-quest for a slatement of indebtedness tr'"u u" "o,npr,Jii:,1,^.-t,::::::":{ (ro) days of such request, rhen nrch grantee shall not beliable for, na shall the unir conveyed be subject ro " tien r*, anl unpaid assessmenrs egainsr rhe subjecr unir"26. Any owner shall have rhe righr, from rime ro rittother securirv insuumenl e rirsr mJrsage;Ji;;;'f;'Jil",iH:il;::T11"J,n,ff'i;:r"rr"r",l":iffil'fir..ffof a condominium unir may create iunior-mor,g"g., o;,h. following condirions:A. .Any such juniol
rimirarions, *u;;;:;;1 H:nT;t:lt:l:j,t:j." jlo*olnate-ro au or rhe terms, condirions, covenanrs, resrri*ions, us€s.
'.,.,",*uo,"TI;"*.ru*;,:ij:iili1";1i';jnl;;,:fi*If jilttit"iiiti.:::ilil*m:;:n uo.n,*
-4_ insurance policies upon said premises, which
' ,^urrn"" *rr",". ""r" effected
"na
pt.""tpon the morrgaged premises by rhe Associlriolrr"n release shall be furnished
forthwirh by a juntor margegee upon wrlrren request of rhe AssociNrio[
2?. ln the evena any owner of a aondorninium unir shall wish ro iell or leese rhe same (said owner being hereinafrcr refeped
to as 'offeror'), end shalt have received a bona fide offer $erefor from r prospecrive purchaser or tenant (hereinafter referred to
as 'Offeree"), rhe remaining ownert of condominium units located on rhe lor in rhe Resubdivision of Block 6. vlil Village, lsrFiling' on which the offered condominium unit is situare (hereinrfier referred to ar 'Remrining olrners"), shatl be glven writren
notice thereof (hereinafter referred to as 'First Noaice'), rogerheJ wirh an execured copy of ruih off"r, the rerms rhereof and the
name of the Offeree- such First Notice rnd copy rhrll be given ro the Board of Menrgen for all of rhe Remaining Owners. The
Rem.ining Owners, rfuough the Boerd of Menagers, or . p€rron nrmed by them. shell h.ve rhe righr and oprion to purchese or
lerse the subject condominium unit upon rhe 3ame term! end colditlons rt 3et folth in the bons fide offet rherefor, provided wrirten
norice of such election ro putchese a leese ir given ro rhe offers (hereinefter referred to ar 'second Notice'), and a marching
down peymenr or deporit lt detivered to rhe offers during the trenry (20) dey period immediately following rhe delivery of theFltst Notlce' ln the evem the Remaining ownets fail to give rhe second Notice to the offeror wiihin such rienty (zo; dry period,electing to Purch&se or to lease such offered condomlnlum unir ar rfaesrld, rhen ir 3hrll be conclusively pr$umed rhsr such Re-mdning orynen heve elected nor to prrchese o leese such offered condominlum unir.
In the event the Remrining owners do not elect to purchase a leere rhe offered condominium unit as rfae3ald, rhe of-feror mey sell o. lease seid offered unlt to lhe offeree wirhin ninery (g0) dayr afrer rhe expirarion "f,ft" i*.r,y 1zo) dry periodfollowing rhe glving of the First Norice. but only upon rhe rerms rrd condirioff ser forth in said offer. If such sale or iease is norentered into within such ninety (90) day period, offeror rhell comply wtrb the terms hereof bcfore selling o. Ieesing his condomin-ium unit thereefter.
In the event sny owner shell atcempt to sell c leere hh condomtnlum unlt wllhqlt affordtng to rhe other oi{ner! the right \of first refusel hereln ptovided, rucb sale or lerse shell be rho[y null rnd vold rnd chell confer tro dde o. t",*"n ,i"*]"";il" )rhe lnrcndcd purchner s lcaseq
Thc lbleesing a {lbrel|dng of seld intetest shall be rubject to the rrme ltmiuttom rs ere epplteeble ro rhc ler3lng o.renting thcreof' The lirbtlily of the owner utdet there covenanc !h.ll conltrue, norwtthrrrndtng thc frct rhrt hc ory hrve lersedc renred srld lnterest rs provided hereiL
In no case sh'lt the right of first refusal reserved herein effect the .ighr of ln owner to subjecr his inreresr in. condomln-lum unit ro the Uen of any trust deed, morrgege or any orher recurlty irsrum-enr.
The fsllure of' or refuset by, the Remaining owners to excrctre rhe right to so Frrchrse s lerse ghrll not cor$drure or bedeemed to be e waiver of q|ch rtght !o Purchase or lJase when rn olvtrcr rccelvcs eny ubsequent bonr fide offa fiom r prosp€ctivepurchaser or tenrn!
The rlghr of finr refusal. ar provlded herein,
tion of rhis D€cbndorl
hcept e! othetwise povided ln Paragraph 28 hereefter, and except upori a nensfer of ritle ro a public or prlvare Eusreeor to a firs! mtrtgagee' each grantor of a condominium unit, upon uansferring c conveying hls interesr. Bhrll inco.porte In suchinsuument of conveyance an lSreement thal the granree carry cnrt the provisions of the 'righr of lirst refusel- .3 p.ovided in tbJsParagraph 2?.
28' ln the event of any default on rhe part of any owner under any first morrgage which enrirles the holder rhereof to foreclcesarne' any sale under such forec.luure,
,i
ncludi ng delivery of a deed ro rhe first *L",g"g"" in lieu of such foreclosure, shall bemade fr.,e and clear of the provisions of Paragrafh 2? hereof, and the purchase, 1o, gi"i.,r"" under such deed in lieu of foreclosure)of such condomi'ium unit shall be thereuponlnd rhcreafier subject ro the provisiom of rhis Declaradon and By-Laws. It the pur-cllaset following such foreclosure sale (or granrce utxler rJeed glven in heu of such foreclosure) shatl be the then holder of the firstlllotlSager or lts nominee' the said holdcr or llollrirrce tnay rhereafter sell and convey the condominium unit free antl clear of rhe
ii;:T:",'it-"jJ:tagraph
2?' but its Eranree o atty subsequcnr granree shall rhereupon and thereafrer be subjecr ro atl of the pro-
The transler of a deceased ioinr tenalt's imeresl to the surviving ioint renanr, or the uansfer of a deceased,s lnreresr to \a devisee by will or his heirs at law under intestacy laws, shall not be suiiecr to rhe plovisions of paragraph ,? i" "";;;;;;;;;"- \
;t;:ilr:tfr;T::#:t* unit' but, afier acqutring such interesr, such persons or oh'ners shall be sublect to all of the provisions ,/
If an owner of a condominium unil can esrablish, ro rhe srrisfacrion of rhe Managing Agent or Board of Managas, rhar aProposed transfer is not a sale or lease, then $ch a transfer shall nor be subjecr ro rhe provisions of paragraph 2?.
29' uPon written requesl of any prospective transferor, purchaser, tenant or an exisring or prospective mo(tgagee of any con- \dolltillitlln utlit' tltc Managing ASent or Soard of Marugers of the Associarion shall fonhwith, or where ri.. i, ,p""iti"a-: ;;;;", \of the rinre, issue a wrirren and acknowredged cenificfte in recordabre form, evidencing rhar: ,4A' lvith resPect to a proposed lease or sale under Paragraph 2?, rhar proper norlce was given by the sellng or leasrrg
t\
owner' and rhar the remaining owners did not elect to exercise their oprion to purchase c leese; " IB' Wilh resPect to a dccd.to a first mortgagec or its nominee in lieu of foreclosure, and a deed from such Ior irs notninee ' Pursualrr to Paragraph ?8' rhar rlrc deeds were in fact given in lieu of foreclosure and were no, r"or."ttttl T:t:9:!"" Ivisions of Paragraph 2?; 4es ur rurtLru\ulc 4rr(r wefs nol suDject to tne Pro- |c' wilh resPect to any contemplated uansfer which is nor in facr a sale or lease, rhar rhe Eansfer will nor be ,ubi""r ro Ithe provisions of paragraph 2?.
such a cenificaie shall be conclusive evidence of the facc rherein conrained.
30' This Declaration does hereby rnake mandatory rhe irrevocabre appoinrmenr of an artorney-in-facr to deal $/irh the prop-erry upon its desltucrion or obsolescence.
Title to any condominium unit is declared and expressly made subject to the terms and condi.tions hereof, and acceptanceby any grantee of a deed from the. Declarant or from any owner shall con$i.ute appoinrmenr of the attorney -i n-facr herein pro-vidcd' All of the owners inevocably consrilute and appoint vail Townlouses condominium Associarion, a colorado corporalion,not for profit' their true and lawful itlo,n"y ln ttreir n#e, place and sread, for rhe purpose of dealing with rhe properry upon irsdesttuclion or obsolescence es ls hereafter provided. As artorney-in -facr, the Associarion, by irs president and secrerary, or orner
rhell exrerd rnd run for thc perlod of fifry (50) years from the dare of execu-
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' ap!'JB'iart o"'"""' sharl.lave rutt ana.cotre authorization, right and power ro."u", lu," and deriver eny conrracr, deedor any other insuument ltith resPect to th€ interest of a condominirim unir owner, which are necessary and appropriate to exercis€the Powers hetein grented' 'Repair and reconstruction of rhe improvemenrls;," as ur"a in ,tr" succeeding subparagraphs, means re-storinB the improvement(s) to substantially the same condition tn which ir "*i,,"a prior to rhe damage, wirh each unir and rheGeneral and Limited common Elemen$ having rhe same vertical and horizontal boundaries as before.A' The proceeds of any insuranie collected shell be av&ilable to fte Associrrion for the purpose of repair. restorarion ofrePlacement' unles all the owners and all first mortSaSees agree not to rebuild in scco.dance wlrh rhe provisions set fonh herein.
(l ) stlch repair and recoruuuction shall be on.the- seme plan and design as exisring immediarely before such damageor desuuction occutred' Materlah used in repalr shall be rs neerly lile rli original marerialr as mey rhen reasonsbly beprocured in regulrr channels of supply.
(2) In the event of damage c deslruction due to fire or other disesrer, rhe insurance proceeds, lf sufficjenr to recon-Itruct the imProvemeff(E), shau be aPplied by the Associarion, .r arro.ney-in.facr, to such reconstruqion, and rhe im-Fovemenr(s) shall be promptly repaired and reconsuucre4(3) lf the insrrance proceeds ere iruufficienr to repaf and rcconstrucr the improvemen(s), guch demage a desrrucrionshall be PromPtly repaired and reeonstructed by the r,,oci.,ion. ., i,,o,nf -in-fecr, using the proceeds of rnsurance and
H:jt:r".TT""l:n
sssessDent to be msde agsinst eu of the ownas and their condrrrinrurnunttE such deficiency asess-
mon E'emen,s, .ff::;.i:Fl "",ilfiffiil.l-l;tl3:r:*TX,:lH::,:ffj::T",#i::"",::,*:,T;have the authority. to cruse the repeii t r$toration or te improvemenrG) uring alt rhe in urance ptoceeds for such pur-pose' nolwithstanding the fai lure of an owner ro pay rhe $se$menr. The asressmenr provrded for herein shall be a debrof each owner and a lien on his condomlnium unit end may be enforced and collected ar provided in paragraph 24. lnaddltion thereto' the Asociadon, as attotney-in-fact, strait have rhe absolure righr and power ro sell rhe condominiumunit of any ownetrefusing
-or
failtng to pay such deficiency rssessmenr wirhin lhe rime provided, rnd lf nor to paid, theAssociation shall cause to be recorJed e notice rhar rhe condominium uni! of rhe delinquen, o*rn". ,t"tt ia jold by rheAssocia otl The proceeds derived fiom the rale of such condomidum unir shall b€ firsr rpplied toward such deficiency.sset$nenr, and rhe balance. if any, shall be used and disbursed Uy ttre isociarton, as attorney-in_facr, in the following
(8) Fot p8yment of the balance of the lien of rny first morrgrge a fir$ deed of trurr, lncluding, wirholrUmlrrdon, inreresr, lare chsrges, cosrs rnd legal fees, if provtded for thereln;(b) For pryment of taxer rrd tp€cial aisesiments liens in frvor of rny ers*ting endtyi(c) For psymenr of unpaid common expenses;(d) For payment of juniol liens and encumbrencel in the cder of rnd ro ahe extenr of $eir prlciryi rnd(e) The bslance femaining, if eny, lhau be paid to rhe condominium unir owner.Ninery (909) petcenr. o, **", of the'ownrren,ents
'""v .s,"" rher the Generar common sremems:?;"j'ff#:i;:'ffi:ij"#fi:IlJ:fi"j,J:jlT,XHli"lX:corrstructed' In such insrance' ih"
"*pen'" thereof shalt be payabrl by au of rhe owners as common expenses. ltre assesmentprovidcd fur hcrein shall be a debr of each owner and " li"n on his condominium unir, and may be enforced and collected as pro-;::'"ilfi:11"#":l'.rt}ootu* rhereto, rhe a,*"i.,ion' as atrorney-in-facr, shall have rhe absolute righr and polirer ro se'
paid, rhe Associarion *", J.::T.;'"t::'J"HJ:*:: Ht"r":",:ffi"*;xln:;:*,nl,Tl'J,,r...,L:T# illilAssociation' The proceeds derived from lhe sale of such condominium unit shall be first applied roward such deficiency assessment.aud the balance' if any' shatl be used and disbursed uf rne asociation, as artorney- in-facr, in rhe following order:(l) For Payment of the balance of the lien of any first morrgug" o. firr, a".a or rrusr, including. vrirhour rimlrarion,inreresr, lare charges. cosrs ard legal fees, if provided for therein;(z) For paymenr of raxes ana sp"cial """"rr1"n. u"*;;;;;;
".ny.ssessing
enriryi(J) For payment of unpaid common expenses;
[:] Hl?rff"t
of junior liens and encumbrancer in the order of and to rhe exrent of rheir prioriry: and
ei, her .r ;;i:;* g ;*fu li',h*$;.tT ;*:"Tf :# H,":i ;A",k ";;:;;,, o^
"
*,0,, *
:l::.1:-"," :!."n,;; .31u.rii fi,sr trust;";; ;;;;;;s";:r":Hffl"JJ:frTil,rjiJ;l"ri:rff::"11*:liff:,i"J;*";wrrnuu consent o[ such firsr mortgagee or the holder ofiuch firsr trust deed
3l' All notices' demands' answets' communications or other notices inrended to be served upon an ownerr shall be sent byccttifisd or ReSistered Mail'. Returtt neceiPt Requestea,
-f*,"g"
prepaid, addresed in the name of such ovrner in care of the rpart-mcnl llumber and building addres of tu"h own"'' elt noti""., demands, answefs, communicarions or other notices inrended ro bescrved upon the Board of Managers of the Asociarion o, ,tr" erro.i"rion, shalr be senr by cerrified or Regrstered Mail, Rerurn Re-;:#:1f:::'"rt:i'ge prepaid' r80r west r3r'avcnue, Denver, cororad.,;;i;;;, address is changed by a norice orarjdress
32. lf any of rhe provisions of this Declararion o. any paragraph, senrence, clause. phrase or vord, or rhe application rhere-of in any circumstance be invalidated' *"rr i"""riai.y riil, *, affecr the validiry of rhe remainder of this Declaration, and rhe:ijrfijt-of
anysuchProviiion' p""B'";';";;;;;'",';;."*, phraseorwordinanyorhercircumsrancesshailnorbearrecred
33' The Provisions of this Declaration shall be in addirion and supplemenrar ro the condominjum ownership Acrof colorado, and to all orher provisions of law. ition and supplemental ro the condominjum ownership e", of ,t"'s,rt.
,n",1'l,,Xl"l""J;J::::ffi;:H:ffil:il::T,tir:i$::i'" provide' rhe sinsurar number shau incrude rhe prurar, rhe prurar
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' t'i
**,o WHEREOF. Decl&ant, ofo "*o*"," officen, hrs duly execured rtris plararion rtris 27th day of
.fanuary , le64
ATTEST:VAILTOWNHOUSES. LTD.
8y /s/ lLvin L. cohen
Presidem
STATE OP COTOR/IDO )
)sr
CITY AND COUNTY OFDENVER )
The foregalng tmrume w$ scknosledged before me this 2Zt.h dey of January , 19 64 ,by Alvin L Cohcn, Predd.ot. rnd Saul N. D-evtdson, Suaeury, ofTfiilfOirNffffir*
WITNESS my hend rad offlctel scrl
My commt$ion cxptrcr ilune 27, 1964 .
S€creury
./s/ nnma ilane prout
Noruy Publtc
-?-
a $ "'-fr
Project Application *" ,/ ry 1fi4
Prolect Name:
Project Description:
Contacl Person and
Architect, Address and Phone:
Design Review Board
Motion by:
t-/-''l , \
Date
Seconded by:
DISAPPROVAL
/l\l-i )
l
'ji,J
td
$l
i
I["*
--.*.-*-.----=E statt Approval
I
,|
tl I
BRIDGEWATER RESTDENCEView from south = 5/17/84
,, ..il,J, -,,
'rrr,(Ji:ri
,. _,Q,-,. ,r, r r, r iir, , vg.i.l, yi*.eeg.,,Fj rp,!.
troirrct r',r:,rr,,',,'ri,l,1i",i,lll;;1,;,''il,ll',ii,',,,lj11,,.,,,,',,"irt'r by r.tro ir1,1rJi*;,,r1 r:o the Dcsj,,,,
',.,;;;;
.,rr,.!. \r- r,(r!,LJ.tut, Co.l orIr1;itur,.i.al
Roof l\T/l1\/t1 , I
Siding 1x6 stained 'to match existingOthcr l,ial l lvlateria l s
% cladd4rkbrown
Fascia
Soffits
Windows
l{indow Trim
Doors
Door Trim
Hand or Deck
Flues
Flashings
Chimneys
Plywood painbed
clad metal
c-Lad metaL dark brown
I
Rails
cl-ad.metal
,dark browir
clad metal dark brornrn
lI/^
N/A
Trash Enclosures
Grccnhous es
0ther
]x6 wood stained to mafch exlsting
}J/A
B. LANDSCAP I I,IG
Name of Des i g nrir:
, phone
:
PLANT MATTPINT C-",-'"":"_
TREES
BotanJ cjr'l Name Corffnon I'lame--_--
SHRUBS
to match exist
Quanti tv>rr.%^.I-Si ze
---.
t,
0ll0ll il|J
c0v t'tis s.'Ltr
I i 'r 'j j')
' "'':i'liiii| i !'r i r/---'
l:nn r'/\ n rir \/ l,/ I I l( I l:
I q*-,.,,-
!:,
s0D
S EED TYPE
TYPE OF
I RRI GATION
TYPE OR METHOD
OF EROSION CONTROL
Other Landscape Features (rela't'ning wa'l'ls , fences , swinrmi ng pool s , etc. ) pl ease
Pen (1-6"'
qnor-r'frr
c.
by oumers. t ,
d edging) will be rnaintained
siding rx6 sralned -=-T
% ,.ry ludLL:Il ex].SFElnOthcr t'ial l l"latcrials pella wa1J. panels lad dar"k browr
'to match existing
Fascia
Soffi t s
lfindorvs
l,lindow Trirn
Doors
Door Trin
l{ald or Dcck
Flucs
'Flashings
Chimneys
cfad metal dark brovar
i
Rai 1s
clad.met,al dark bror,.ar
cfad metal dark brown
N/A
N/A
metal
N/A
sid
Trash Errclosures
Grccrrhous es
0ther
lx6 wood stained .,v rud Lcn exlsting
}J/A
B. LANDSCAPII.IG
Name of Designer:phone:
PI-ANT MAIERTA€
TREES
Bojan{cS'l Name.Conrnon Name-*__:-Quanti tvl+_..Jr
SHRUBS
Plywood painted r'ar m. {- ^}. ^.-.r -!-_" "." uvr r c?!IS l,
_---
0r{0Uil|J
c0v r-n5
s00
q FFN
sou?rr;
SQUARE FOOTAGE
rrr+__-_
TYPE
TYPE OF
I RRI GATION
TYPE OR I.4ETHOD
OF EROSION CONTROL
C. Other Land56sps Features (retaining wa.l.!s, fences, swinrming poo.ls, etc.) please c noci f rr
"n*"rr* planting
ard edging ) w:ll be rnaintained
by ohnsps. ,