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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5 LOT B SLIFER BUILDING 2004 FACADE REMODEL-PEC LEGALIe 'Flanning and Environmental Commission ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Crlorado 81657 tel: 970.479.2139 f ax: 97 0.479,2452 web: www.ci.vail.co.us Project Name: SUFER BUILDING VANANCE pEC Number: PEC04000B Project Description: REMODEL FRONT PORTION OF THE SLIFER BUILDING. WILL REQUIRE A SITE COVEMGE VARIANCE. Pafticipants: OWNER SLIFER BUILDING LLC OZl09l2OO4 phone: 230 BRIDGE ST VAIL co 81657 License: APPUCANT SUFER BUILDING LLC 02/09/2004 phone: 230 BRIDGE ST VAIL co 81657 License: Project Address: 230 BRIDGE ST VAIL Location: 230 BRIDGE STREET, VAIL, CO Legal Description: Loh B Block:5 Subdivision: VAILVILLAGE FILING 1 Parcel Number: 210108229002 Comments: See Conditions BOARD/STAFF ACTTON Motion By: George Lamb Actionr APPROVED Second Byr Rollie Kjesbo Voter 5-1 (Cahill Oppposed) Date of Approval: 03/08/2004 Condifons: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0006378 That the applicant reduces the size of the proposed awning to extend no more than four feet from the face of the building. Planner: Warren Campbell pEC Fee paid: $500.00 Project Name: SLIFER BLDG. ALTEMTION Proiect Description: PEC Number: PEC040013 Planning and Environmental Commission ACTION FORM Department of Community Developrnent 75 South Frontage Road. Vail, Colorado 81657 tel: 97 0.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us REMODEL FRONT PORTION (WEST ELEVANON) OF THE SLIFER BUILDING. Participants: APPUCANT SUFER BUILDING LLC 03/10/2004 phone: 230 BRIDGE ST VAIL co 81657 License: OWNER SUFER BUILDING LLC 03/10/2004 phoner 230 BRIDGE ST VAIL co 81657 License: Project Address: 230 BRIDGE ST VAIL Location: 230 BRIDGE STREET, VAIL, CO Legal Description: Lott B Block: 5 Subdivision: VAIL VILLAGE RLING 1 Parcel Number: 210108229002 Comments: See Conditions BOARD/STAFF ACTION Motion By: Second By: Vote: Conditions: Chas Berhardt George Lamb 7-0 Action: APPROVED Date of Approvalz MlL2l2O04 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: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Warren CampbellPlanner:PEC Fee Paid: $650.00 MEMORANDUM TO: FROM: DATE: SUBJECT: ORIGINAL Planning and Environmental Commission Community Development Department April 12,2004 A requesl for a minor exlerior alteration pursuant to Section '12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a commercial addition to the Slifer Building, located at 230 Bridge StreeUlot B, Block 5, Vait Viltage 1"' Filing, and setting forth details in regard thereto. Applicant: Rodney E. SliferPlanner: Warren Campbell SUMMARY The applicant, Rodney E. Slifer, is requesting a minor exterior alteration pursuanl to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a commercial slore front addition to the Slifer Building, located at 230 Bridge StreevLot B, Block 5-C, Vail Village 1" Filing. Per the Commercial Core I zone district the applicant is applying for a minor exterior alteration to allow for the enclosure of an architectural "notch" in the west fagade of the Slifer Building and install an awning which extends out over the proposed entry. Staff is recommending approval of the requested minor exterior alteration subject to the findings noted in Section lX of this memorandum. DESCRIPTION OF REQUEST This minor exterior alteration request is to allow for the enclosure of an architectural "notch" in the west fagade of the Slifer Building so that it mighl become interior retail space and the addition of an awning over the relocated enlrance. A vicinity map depicting the location of the Sliier Building in Vail Village is attached for reference (attachment A). The proposed enclosure measures 4 feet wide by 4 feet 4 inches deep lor a total of 17.32 square feet. The proposal is to relocate the existing entry and enclose a portion of the existing "notch" in the fagade and install an awning over lhe new entry. Reduced copies of the proposal are attached for reference which depicts the area to be enclosed (attachment B). A letter from the applicant dated March 9, 2004, is attached for reference. BACKGROUND . This property is a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1 966.. On February 24, 1992, the Planning and Environmental Commission approved a major exterior alteration and a site coverage variance request for the Slifer Building. The 1992 proposal added approximately 57 sq. ft. of site coverage to the slifer Building, in order to allow for the construclion of approximately 53 sq. ft. of additional first floor retail area, and 548 sq. ft. of new office space on the second floor of the il. I lt. tv. building, above the retail space. The 1992 site coverage variance approval allowed the applicant to increase the existing site coverage by 1 .8%, from 92.1"h to 93.9%. The Planning and Environmental Commission approved the applicant's site coverage variance request, finding that the proposal was in compliance with the Variance Criteria and Findings prescribed in the Municipal Code. The PEC also found that the strict literal interpretation or enforcement of the site coverage regulation would result in a practical difficulty, as lhe site coverage regulation is inconsistent with the goals and objectives outlined in the Vail Village Master Plan and Urban Design Considerations. On April 13, 1998 the Planning and Environmental Commission approved a major exterior alteralion and a site coverage variance, to allow for a remodel and expansion to the Slifer Building. That proposal added approximately 160 sq. ft. of new retail floor area to lhe lower level of the existing building, removed a total of g sq. ft. of real estate office floor area from the main level (Bridge Street) of the building, and added 135 sq. ft. of new office floor area to the upper level of the building. The proposal increased the total site coverage by 103 sq. ft. for a total of 3,129 sq. ft (97.1o/"). The "notch" was introduced to the design in order lo reduce the amount of deviation required by the applicant for increased site coverage and to comply with Design Review Board guidelines. On March 3,2004,the Design Review Board (DRB) conducted a conceptual review of the proposed exlerior alteration to the Slifer Building. In that meeting the DRB commented on the awning, the moving of the front door, and the enclosure of the "notch". The Board was fine with the movement of the door, but there was some concern about a one-foot wide awning over the new window which is proposed to replace lhe existing door. On the Board there was general agreement lhat the "notch" could be enclosed and still mainlain the sense and feelwhich was created by the building on the street. However, tvyo members believed that the proposal as presenled was acceptable and lhe remaining two believed it should be enclosed by approximately two feet. On March 8, 2004, the Planning and Environmental Commission approved a variance for this property to have 97.4% sile coverage. On March 17,2004, the DRB directed sraff to staff approve the project if the step back of the "notch" was increased by six inches for a total step back of one{ool from the adjacent fagade which will contain the new entry door. ROLES OF REVIEWING BODIES The PEC is responsible for evaluatino a proposal for: Action: The PEC is responsible for tinal approval/deniat of a minor exterior alteration. The PEC shall review the proposal lor:- Conformance with develooment standards of zone district- Lol area_- Setbacks- Building Height- Density- GRFA- Site coverage- Landscape area- Parking and loading- Compliance wilh the goals and requirements of the Vail Village Master Plan, the Streetscape Master Plan, and the Vail Comprehensive Plan - Compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations with respect to the following:- Pedestrianization- Vehicular oenetration- Streelscape framework- Street enclosure- Street edge- Building height- Views- Service/delivery- Sun/shade analysis- The PEC's approval "shall conslitute approval ol the basic torm and location of improvements including siting, building setbacks, height, building bulk and ma$s, site improvements and landscaping-" Design Review Board: Action: The DRB has NO review aathority on a Major or Minor Exterior Alteration, but must review any accompanying DRB application. The DRB is responsible for evaluating the proposal for:- Architectural compatibility with other structures, the land and surroundings- Fitting buildings into landscape- Configuration of building and grading of a site which respects the topography- Removal/Preservation of lrees and native vegetation- Adequate provision for snow storage on-site- Acceptability of building materials and colors- Acceptability ol roof elements, eaves, overhangs, and other building forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory structures- Circulation and access to a site including parking, and site distances- Location and design of satellite dishes- Provision of outdoor lighting- Compliance wilh the Vail Village Urban Design Guide Plan and design considerations Staff ; The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evalualion of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates lhe review process. Town Council: Actions of DRB or PEC maybe appealed to the Town council or by the Town council. Town Council evaluates whether or not lhe PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V.APPLICABLE PLANNING DOCUMENTS Zoning Regulations Section 12-78 Commercial Core 1 (CC1) District (in part) 12-78-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique characler of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permiiled types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and lo ensure continuation of the building scale and architectural qualities that distinguish the Village. 1 2-7 B-7 : EXTERIOR ALTERATIONS OR MOD I FtCATIONS: A. Subject To Review: The construction of a new building, the alteration ol an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition ol i new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental commission (pEC) as follows; 1. Application: An application shall be made by the owner of the building or the building owner's authorized agenl or representative on a form provided by the Administratoi. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application Contenls: An application for an exterior alteration shall include the following: a. A completed application form, filing fee, and a list of all owners of property located adjacent to the subject parcel. A filing fee shall not be collected for any exterior alteration which is only for the addition of an exterior dining decli; however, all other applicable fees shall be required. The owner's list shalllnclude the names of all owners, their mailing address, a legal description of the property owned by each, and a general description of the property (including the name ofthe property, if applicable), and the name and mailing address of the condominium association's representative (if applicable). said names and addresses shall be obtained from the current tax records of Eagle County as they appeared not more than thirty (30) days prior to the application submittal date. b. A written statement describing the proposal and how the proposal complies withtle vajl Village urban Design Guide plan and the Vail Village Urban Design considerations, the Vail Village Master plan, streetscape Masler plan, and aiy other relevant sections of the Vail Comprehensive plan. c. A survey stamped by a licensed surveyor indicating existing conditions on the property including the location of improvements, topography, and natural features. d. A current tille report to verify ownership, easements, and other encumbrances, including schedules A and 81. e. Existing and proposed site plan at a scale of one inch equals len feet, (1" = 10'), a vicinity plan at an appropriate scale to adequately show the project location in relationship to the surrounding area, a landscape plan al a scale of one inch equals ten feet (1' = 10), a roof height plan, and existing and proposed building elevations at a minimum scale of one-eighth inch equals one foot (1/8" = 'l'). The material listed above shall include adjacent buildings and improvements as necessary to demonstrate the project's compliance with urban design criteria as set forth in the Vail Village Urban Design Guide Plan, Vail Village Design Considerations, the Vail Village Master Plan, the Streetscape Master Plan, and any other relevant sections of the Vail Comprehensive Plan. f. Sun/shade analysis of the existing and proposed building for the spring/fall equinox (March 21lSeptember 23) and winter solstice (December 21) at ten o'clock (10:00) A.M. and two o'clock (2:00) P.M., unless the Department Of Community Development ol the Town determines that the proposed addition has no impact on lhe existing sun/shade pattern. The following sun angle shall be used when preparing this analysis: Spring/Fall Equinox Sun Angle 10:00 A.M. 2:00 P.M. Winter Solstice Sun Angle 10:00 A.M. 2:00 P.M. 40" east of south, 50" declination 42o west of south, 50" declination 30o east of south, 20'declination 30" west of south, 20" declination g. Existing and proposed floor plans at a scale ol one-fourth inch equals one fool (1/4" = 1') and a square tootage analysis of all existing and proposed uses. h. An architectural or massing model of lhe proposed development. said model shall include buildings and major site improvements on adjacent properties as deemed necessary by the Administrator. The scale of the model shall be as determined by the Administrator. i. Photo overlays and/or other graphic material to demonstrate the relationship of the proposed development to adjacenl properties, public spaces, and adopted views per Chapter 22 of this Title. j. Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission (PEC). The Administrator or the Planning and Environmental Commission may, at his/her or their discretion, waive certain submittal requirements if it is determined that the requirements are not relevant to the proposed development nor applicable to the urban design criteria, as set forth in the Vail Village Urban Design Guide Plan and Vail Village Design Considerations and any other relevant seclions of the Vail Comprehensive Plan. 3. Application Date And Procedures2: complete applications for major exterior alterations shall be submitted biannually on or before the fourth Monday of February or the lourth Monday of september. subminal requirements shall include ail information listed in subsection 42 of this section; provided, however, that the architectural or massing model shall be submitted no later than three (3) weeks prior to the first formal public hearing of the Planning and Environmental Commission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled Planning and Environmenlal Commission meeting following the submittal dates listed above, the Administrator shall inform the Planning and Environmental Commission of all exterior alteration submittals. The Administrator shall commence with the review ol exterior alterations following this initial Planning and Environmental Commission meeting. a. A property owner may apply for a major exlerior alteration (greater than 100 square feet) in any year during which he or she shall submit an application on the February or September dates as set forth in subsection A3 of this Section. Said application shall be termed a "major exterior alteration". b. Notwithstanding the foregoing, applications {or the alteration of an existing building which adds or removes any enclosed floor area of not more than one hundred (100) square feet, applications to alter the exlerior rooflines of an existing building, applications for new outdoor dining decks and applications lor modifications to existing dining decks may be submilted on a designated submittal date for any regularly scheduled Planning and Environmenlal Commission meeting. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alteration shall be as oullined in this Section. All enclosed floor area for an exoansion or deletion pursuanl to this subsection A3b shall be physically and structurally part of an exisling or new building and shall not be a freestanding structure. c. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the Planning and Environmental Commission at any of its regularly scheduled meetings. 5. Hearing: The public hearing before the Planning and Environmental commission shall be held in accordance with section 12-3-6 of this Title. The planning and Environmental commission may approve the application as submitted, approve the application with conditions or modilications, or deny the application. The decision of the Planning and Environmental commission may be appealed to the Town council in accordance with Section 12-3-3 of this Title. 6. compliance wilh comprehensive Applicable Plans: lt shall be the burden of the lpplicant to prove by a preponderance of the evidence belore the planning and Environmental Commission lhat the proposed exterior alteration is in compliance with the purposes of the CC1 District as specified in Section '12-7P,-1of this Article; that lhe proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of vail streetscape Master Plan, and the vail compreheniive plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Furlher, that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all olher elements of the Vail comprehensive plan. 7. Approval: Approval of an exlerior alteration under subsections A5 and 46 of this section shall constitute approval of the basic form and location of improvemenrs including siting, building setbacks, height, building bulk and mass, site improvemenls and landscaping. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this chapler shall lapse and become void two (2) years following the date of approval of the major or minor exterior alteration by the planning and environmental commission unless, prior to lhe expiration, a building permit is issued and construction is commenced and diligently pursued to completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC1 dislrict shall be reviewed by the design review board in accordance with chapter 11 of this title. B. Compliance Burden: lt shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board that the proposed building modification is in compliance wilh the purposes of the CC1 district as specified in seclion i2-7P'-1 ot this article; that the proposal substantialty complies with the Vail village design considerations, and that the proposal does not othenryise alter the charaCter of t[e neighborhood. 12-78-20: VAIL VILLAGE URBAN DESTGN pLAN: A. Adoption: The Vail village urban design guide plan and design considerations are adopted tor the purposes of mainlaining and preserving the character and vitality of the V,ail village (CC1) and to guide the future alteration, change and improvement in CC1 district. Copies of the Vail village design guide plan and design considerations shall be on file in the departmenl ol community development. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to beionsistentwith the Vail village Urban Design Guide Plan, and along with lhe Guide plan, it underscores the importance ol the relationship between the built environment and public spaces. Furlhermore, the Master Plan prwides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal stalements. While there is a certain amounl of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outlinb specific steps that can be taken toward achieving each stated goal. Policystatements have been developed 1oguide the Town's decision-making in achieving each of the stated objectives. The stated goals of the Vail Village Master Plan which pertain to this application are included in Section Vlll of this memorandum, Criteria and Findings. Vail Village Urban Design plan This Guide Plan represents collective ideas about functional and aesthetic objeclives for VailVillage. Diagrammatic in nalure, the Guide plan is intended to suggest the nature of improvemenls desired. lt is based on a number of urban design criterli determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for.current planning in both the public and private sectors. Th6 pertinent portions of th; Vail Village Urban Design Plan are include in Section Vlll of this'memorandum, Criteriaand Findings. ZONING ANALYSIS Zoning: Land Use Plan Designation: Current Land Use: Develooment Standard Lot Area: Setbacks: Fronl: Sides; Rear: Building Height: Site Coverage: Landscape Area: Commercial Core 1 Village Master Plan Mixed Use Allowed/Reouired 5,000 sq. ft. Per Vail Village Urban Design Guidelines 60% at 33 ft. or less 40"/" al33 ft. to 43 ft. 2,578 sq. ft. (80%) Per the Vail Village Urban Design Guide Plan per Section 12-10-1 0 District Existinq 3,223 sq. ft. 1ft. 0 ft./O ft. 0ft. 100% at 33 ft. or less 0% at 33 ft. to 43 ft. 3,1 29 sq. tt. (97 .1"/") 51.5 sq. fl. Proposed no change no change no change no cnange no change no change 3,139.8 sq. ft. (97.a%) no change Parking: SURROUNDING LAND USES AND ZONING per Section 12-10-10 .04 space (2.3 spaces/1,000 square feet) North: South: East: West: Land Use Mixed Use Mixed Use Open Space Mixed Use Zonino Commercial Core 1 District Commercial Core 1 District Outdoor Recreation District Commercial Core 1 District VIII. CRITERIA AND FINDINGS A. Compliance with the Commercial Core I Zone District Purpose Stalement According to the Official Town of Vail Zoning Map, the applicant's property is located in the Commercial Core 1 Zone District (CCl). Pursuant to Section 12-78-1 of the Municipal Code, the purpose of the CC1 Zone District is intended to, "provide sites and to maintain the unique character of the Vail Village Commercial Area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core I District is intended to ensure adequale light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The district regulations in accordance with the Vail o Village Urban Design Guide Plan and Design Considerations prescribe sile development standards thal are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village." Staff Response: Staff believes that the proposed improvements are in compliance with the intent of the purpose section of the Commercial Core 1 Zone District. B. Compliance with the Urban Design Guide Plan for Vail Village Staff Response: There are no specific sub-area concepls in the Urban Design Guide Plan for Vail Village relevant to this proposal. C. ComPliance with the Urban Design Considerations lor Vail Village and Exterior Alteration Criteria The Urban Design Considerations for Vail Village are intended to guide growth and change in ways that will enhance and preserve the essential qualities of Vail Village. The Urban Design Considerations are divided into two major categories: Urban Design Considerations, and Architecture/Landscape Considerations. The following design considerations are crilical elemenls of the Vail Village Urban Design Guide Plan and provide the criteria to evaluale new proposals: Urban Desiqn Gonsiderations The Vail Village Urban Design Considerations are primarily the purview of the Planning and Environmental Commission. Pedestrianization: The proposed minor exterior alteration will have no negative impact on the pedestrian circulalion within Vail Village. The proposed addition will add visual interest to Bridge street and improve customer access into the slifer Building. Vehicular Penelration: Vehicular penetration and circulation will remain unchanged, as a resull of this proposal. Streetscape Framework: Streetscape framework identifies two alternatives for improving the pedestrian experience in the Village. These include the development of open space, including landscaping along pedestrian routes, and the infill 1. 2. 3. 4. developmenl of commercial slorefronts along pedestrian roules. Landscaping softens the building edges and provides a colorful accent, while commercial infill provides additional street-level activity and visual interest for pedestrians. Upon review of the applicant's proposal, staff believes that the minor exterior alteration will contribute positively to the overall pedestrian experience along Bridge Streel. Stalf feels the proposed facade improvements will enhance the overall appearance of the Village. Street Enclosure: The purpose of this design consideration is to ensure that a comfortable relationship between the width of the street, and the height of the building, is maintained. The proposed addition will result in a slight decrease in the width of the streel at the first level of the building only. Currently, Bridge Street is approximately 25 feet wide in front of the Slifer Building. Staff believes that a comfortable relationship will be maintained between the width of the street, and the heighl of the building, upon the completion of the proposed minor exterior alteration. Street Edge: The design considerations encourage thal a strong, yel irregular street edge be created along pedestrian slreets. An irregular street edge brings variety and visual interest to the pedestrian experience. In response lo lhe concerns expressed by the Design Review Board during the worksession meeting, the applicant has made minor revisions to the plans and introduced greatel articulation to the Bridge street facade. staff believes the irregular building line of the proposed minor exterior alteration adds visual interest and will have no negative impacts on the Bridge Street edge. Building Height: There is no proposed change to the building height. Staff believes the existing building height is appropriate for this site and does not believe lhe proposal will have any negative impacts on lhe area. Views and Focal Points: The proposed expansion does not affect any adopted or proposed Town of Vail view corridors, nor does it negatively impact any focal points in the Village. Service and Delivery: The proposed minor exterior alteration will not negatively impact current service and delivery patterns. 5. o. 7. 8. Architectural/Landscape Considerations The Architectural/Landscape Considerations are reviewed primarily by the Design Review Board. Roofs The proposed addition of a copper standing seam roof above the proposed "notch" enclosure will have positive impacts on the appearance of the Bridge Slreet facade. Facades Staff believes that the proposed changes to the Bridge Street facade will enhance the visual interest ol the building and add variety to the pedestrian experience along Bridge Street. 3. Balconies There are no balconies proposed as a part of this application 4. Decks and Patios No decks or patios are proposed. 5. Accent Elements To provide additional accent and visual interest to the building, the applicant is proposing to install a awning over the new entry which has an atypical design which will differentiate this entry form others on Bridge Street. 6. Landscape Elements There is currently very little landscaping on the applicant's property. The applicant is not proposing to add or remove any landscaping with this proposal. Statf Response: Staff believes the proposal is in compliance with the Urban Design Considerations for Vail Village. D. Comptiance with the Vail Land Use plan The following goals of the Vail Land Use Plan are applicable to this proposed alieration: 1. 2. 1'1 Vail should conlinue to grow in a conlrolled environment, maintaining a balance between residential, commercial and recrealional uses to serve both the visilor and the permanent resident. 1.3 The quality of development should be mainlained and upgraded whenever possible. 1.4 The original theme of the old Village core should be carried into new development in the Village core through continued implementation of the Urban Design Guide Plan. 1 .12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff Response: Staff believes that this proposal is consistent with the Vail Land Use plan. E. Compliance with the Vail Villaqe Master plan Goals The Vail Village Masler Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Further, the Master plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with the such development. Contained within the Vail Village Master Plan are goals for development in Vail Village. The goals are summarized in six major goal statements. The goal statements are designed to establish a f ramework, or direction, for the future growlh of the Village. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 'l .2 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.3 Obiective:Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. Public improvements shall be developed with the participation of the private seclor working with lhe Town. 1.3.1 Policf Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Obiective:Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns. Recognize the "historic" commercial core as the main activity center of the Village. The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. 2.4 obiective: Encourage the development of a variety of new commercial activity where comoatible with existino land uses. 2.4.1 Policv;Commercial infill development, consislenl with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian nelwork throughout the Village. Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. The Town will use the maximum flexibility possible in the interpretation of building and fire codes in orderto facilitate building renovations without compromising life, health and safety consideralions. 2.5 Obiective: 2.5.2Policv: Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 2.2 Obiective: 2.2.1 Policy: 3.1 Obiective: 3.1.1 Policv: Physically improve the existing pedestrian ways by landscaping and other improvements. Private development projects shall incorporale slreetscape improvemenls (such as paverlreatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Flowers, trees, waler features and other landscaping shall be encouraged throughout the Town in locations 3.1 .3 Policy: adjacenl to, or visible from, public areas. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.2 Obiective:Provide for the safe and efficient functions of fire, police and public utilities within the conlext of an aesthetically pleasing resort setting. Minor improvements (landscaping, decorative paving, open dining decks, elc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able lo be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. 6.2.2 Policv: Staff Response: Staff believes the proposal helps to obtain the goals and objectives of the Vail Village Master Plan. STAFF RECOMMENDATION The Community Development Department recommends approval of the requesl for a minor exterior alteration pursuanl to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a commercial store front addition to the Sliler Building, located at 230 Bridge StreeUlot B, Block 5-C, Vail Village 1't Filing. Staff's recommendaiion is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and teslimony presented. Should the Planning and Environmental Commission choose to approve the minor enerior alteration request, staff would recommend the following findings be made: 1. That there are no sub-area concepts which relate directly to this redevelopment proposal, and therefore, lhe redevelopment proposal is in compliance with the Urban Design Guide Plan for Vail Village. 2. That the redevelopment proposal is in compliance with the Urban Design Considerations for Vail Village. 3. That lhe redevelopment proposal helps to achieve the goals of the Vail Land Use Plan, and therefore, the proposal is in compliance with the Vail Village Master Plan Goals. 4. That the redevelopment proposal is in compliance with the goals prescribed within the VailVillage Master Plan. 5. That the redevelopment proposal is in compliance with the purpose slatemenl for the Commercial Core I Zone District. X. ATTACHMENTS A. Vicinity Map B. Reduced Plans dated March 19, 2004 C. Letter from the applicant dated February 9,2004 D. Publication Notice L2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, March B, 2004 PROJECT ORIENTATION - Community Development Depr. PUBLTC WELCOME 12:00 pm MEMBERS PRESENT John Schofield Erickson Shirley Chas Bernhardt Rollie Kjesbo Doug Cahill George Lamb Site Visits : 1. Slifer - 230 Bridge Street2. Hughes - 303 Gore Creek Drive, #73. Shirley - 303 Gore Creek Drive, #84. Yare - 2434 Chamonix Lane5. Vail Resorts Development Company - Tract K, Glen Lyon Driver: George NOTE; lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearinq - Town Council Chambers 2:00 pm 1. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail lodge, and a request for a conditional use permit to allow for the construction of Type lll Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located ai 'SgS Valt Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: WarrenCamobell MOTION: Lamb SECOND: Bernhardt VOTE: 6-0 Tabfed to April 12,2004 Staff reviewed the memorandum and a letter provided by Jim Lamont, Vail Village Homeowner's Association, from Fredrick Wyman lll, President of All Seasons Condominium Association. The applicant.reviewed the goals of the project and displayed multiple visual simulations of the proposal and how it affected different views. Jim. Lamont complimented the visual simulations and then expressed concern about the proposed parking struclure within the required setback from Mill Creek. Mr. Lamont also expressed concern about the parking lot access and asked why the loading and delivery was not covered. He asked about employee housing in the parking structure and whether it coltO be moved. He suggested putting it over the loading and delivery area. Mr. Lamont asked aboul pubic improveme-nis and whether there were olher pubic improvements that could be required oi should be required. Jim Lamont indicaled lhal improving access to Ford park could be pursued. The Commission commented that the setback from Mill Creek was a concern and the prposed MEMBERS ABSENT Gary Hartman o parking structure should be pulled away. There was also general concern over the access to the proposed parking structure. The new floor on Building "C" was idenlified as a concern as the height would block a large portion of the view to the Gore Range. The new floor increased the height by approximately 22 feel. lt was suggested that Building "C" should taper down to Vail Valley Road. There needs lo be some planting pockets located on top of the parking structure to provide winter interest. The existing trees along the bike palh should remain. The relocation of the access gate further not the properly from its current location will help circulation on Vail Valley Road. There was some indifference about covered loading and delivery and its value as a public benefit. The proposed new units should not be required to be placed in a rental pool. The Commission asked the applicant why they wanted so much floor area and questioned where the public benefits were in the project which would warrant such a large increase over the maximum GRFA permitted. The Commission liked the turn-around area provided off of Vail Valley Drive on lhe south lot and the proposed garden on top of the parking struclure. The Commission stated that they liked the plan from a year ago when a variance for GRFA to be located within a setback was being requedted. The applicant was directed to remove all improvements from the 1O0-year floodplain. lmprovements to Mill Creek could be a significant public improvement. The Commission concluded by iequesting a complele application with no more work sessions. Staff was directed to review the next submittalior compleleness very thoroughly. The Commission acknowledged that the photography simulation used in the presentation worked better than a model. However, the photos need to be realistic about landscaping and what is impacted with development. A request for linal review of a variance from Section 1 2-6H-6, Setbacks, Section 12-6H-1 0: Landscaping and site Development, and section 12-6H-11: parking and Loading, vail rown Code, to-allow lor a residential addition, localed at 303 Gore Creek-Drive/Lot 7, Elock 5, Vail Village 1"'Filing, and setting forth delails in regard thereto. {Pplicant: Ron Hughes, represented by Shepherd Resources, Inc.Planner: Bill Gibson MorloN: Kjesbo SECoND: Bernhardt vorE:5-0-1 (shirtey absrained) APPROVED W]TH ONE CONDITION: 1. This variance request approval shall be contingent upon the applicant receiving Town of Vail design review approval for this proposed residential addition. Due to the similar nalure of the applications, ilems #2 and#3 (Hughes Residence and Shirley Residence) were reviewed concurrently. Staff presented an overview of the request and lhe staff memorandum. The applicant's architect, shepard Resources, Inc., had no additional commenl. The appJicant's attorney, Murray Franke Greenhouse List & Lippitt LLP, stated their objeclion to Slaff's recommended condition #2 for the Hugh's proposai.' Virginia Wells, adjacent property owner Rowhouse #6, stated thattheydid not supportthe Hugh Residence variance requesl and did not support the final design of the proposat. tr,ts. Weils requested that the PEC adopted and broaden the language of Staff's recommended condition #2 for the Hugh's proposal. Commissioner Shirley stated his objection to Staff's recommended condition #2 for his proposal. The PEC noted the special circumstances and hardships related to the Hughes and Shirley variance requests. The PEC noted that Slaff's recommended condition #2 was not necessary as any risk of construction impacting neighboring properties would be addressed by the existing pnvate party-wall agreemenls. 3. A request for linal review of a variance from Section 12-6H-6, Setbacks, Section 12-6H-9, Site Coverage, and Section 12-6H-10: Landscaping and Site Development Vail Town Code, to allow for a"residential addition, located at 303 Gore creek Drive/Lot 8, Block 5, Vail Village 1'' Filing, and setting forth details in regard lhereto. Applicant: Erickson Shirley, represented by K.H. Webb Architects p.C. Planner: BillGibson MorloN: Kjesbo SECoND: Bernhardt vorE:5-0-1 (shirtey absrained) APPROVED WITH ONE CONDITION: 1. This variance request approval shall be contingent upon the applicant receiving Town of Vail design review approval lor this proposed residential addition. 4. A request for final review of a variance from Section 12-6D-6, setbacks, Vail Town Code, to allow for encroachments into the setback, located aI2434 Chamonix Lane/Lot 11, Block B, Vail das Schone Filing 1, and setting forth details in regard thereto. Applicant: Mark Yare, represented by VAG, Inc.Planner: Bill Gibson MOTION: Cahill SECOND: Bernhardt DENIED Staff presented an overview of the request and the staff memorandum. The applicant's architect, VAg, Inc., summarized the applicant's request and noted their willingness to decrease the amount deviation from the setback being requested. Karen Scheideger, adjacent property owner, stated that they did not support the Yare's variance request. The Commission commented that the existing aspen sland did constitute a hardship. The pEC noted that design alternatives complying with the setback requirements exist and the trees can be removed or relocated. 5. A request lor final review of a variance from Title 14, Development Standards Handbook, Vail Town Code, to allow for retaining_walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more complbte legal desdription is on file at the Community uevelopment Department, setting forth details in regard thereto. Applicant: Vail Resorts Development company, represented by Braun Associates, Inc.Planner: Bill Gibson MOTION: Kjesbo SECOND: Lamb VOTE: 6-0 APPROVED WITH CONDITIONS: 1. This variance request approval shall be contingent upon the applicant receiving Town of Vail design review approval of the associated design review apptication-. 2- Prior to the issuance of grading permits, the appticant shall enter into a lease, license, or easement agreement with the Town of vail for the use of rown property. 3. Prior to the issuance of a grading permit, the appticant shall prepare aconslruction staging plan for review and approval by the Town of Vail. 4. Prior to the issuance of a grading permit, the applicant shall survey and then ? VOTE:6-0 I install all limits of disturbance fencing and all erosion control methods for review and approval by the Town of Vail. 5. The applicant shall properly maintain the limits of disturbance fencing and erosion control melhods throughout the construction of this proposal. Any modif ication to the location or configuration of the limits of disturbance area shall require review and approval by the Town of Vail. Staff presented an overview of the request and the staff memorandum. The applicant's representative, Jay Peterson, summarized the applicant's proposal and requested minor changes to Staff's recommended conditions. Staff was agreeable to the requested changes to the conditions. The PEC commented on the special circumstances and hardship of this request and noted that if the proposed walls were constructed in a Town right-of-way, rather than in a Town granted easement, that this variance request would not be necessary. 6. A request for a recommendalion to the Vail Town Council for a text amendment to Seclion 12- 7H-3, Permitted and Conditional Uses; First Floor or Street Level and Section 12-71-3, Permitted and Conditional Uses; First Floor and Street Level, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for temporary real estate sales offices on the first floor or street level of a building, in lhe Lionshead Mixed Use | & 2 zone districts, and sefiing forth details in regard thereto. Applicant: Vail Resorts Development company, represented by Braun Associates, Inc.Planner: George RutherMOTION: SECOND: VOTE: WITHDRAWN 7. A.request for a site coverage variance from Section 12-78-15, Site Coverage, Vail Town Code, to allow for a commercial store front addition, located at 230 Bridge StreeUlot-B, Block 5-C, Vail Village 1"t Filing, and setting forth details in regard thereto. Applicant: Rodney E. Slifer Planner: WarrenCamobell MOTION: Lamb SECOND: Kjesbo VOTE; 5-1 (Cahill opposed) APPROVED WITH ONE CONDITION: I 1- That the applicant reduces the size of the proposed awning to extend no more than four feet from the face of the building. Staff gave a presentation per the memorandum. The applicant and lhe owner of the business which will be occupying the tenant space, Tom Yoder, gave a presentation explaining the need to remove the architectural "notch" from the building due to the way it breaks-up the i-nterior retail space which is the reason previous tenants have not be able to "make-it" in the space. They continued by dqscribing the notch as a health hazards as people late at night urinate and vomit in the "notch". Rod Slifer reviewed the application and how the application-would comply with the goals of the Master Plan and how lhe proposal is not a special privilege. The commission was in favor of granting lhe variance as the notch does not serve a positive purpose. They agreed strongly about the negative health issues associated wilh the unintended consequences of the notch being there (i.e. public urination and vomjting). Many of the commissioners believed this was a special case which had a hardship due to the age of the building and it's exislence prior to Town of vail zoning. 4 Commissioner, Doug Cahill asked how this will help the relail space and achieve lhe goals the applicant stated at the outset. The applicant replied that he is primarily interested in the exterior modifications and will work out the inlerior remodel issues after getting the variance. Staff asked for a point of clarification regarding lhe awning and whether the PEC agrees with the additional site coverage it creates. The Commissioners, except lor Chas Bernhardt, staled that the awning should not extend any furlher from the face of the building than four feel so as to not count towards site coverage. 8. A request for a final review of a proposed amendment to the Town of Vail Official Zoning Map to gftqp.e lhe zoning_of the West Vail Lodge Properties from Commercial Core 3 (CC3) to Higl"r Density Multiple-Family (HDMF), located at2278,2288,2298 Chamonix Lane and 221r Norih rroritage Road/ Lots 1, 2, 3, and Tract C Vail Das Schone Filing 1 and Inn at West Vail Lot 1, Block A, Vail Dis Schone Filing 3, in accordance with Section 1i-g-7, Vail Town Code, and seiting forth details in regard thereto. Applicant: Vanquish Vail, LLC, represented by Allison OchsPlanner: Matt Gennett MOTION: Bernhardt SECOND: Lamb TABLED TO MARCH 22, 2004. The Commission unanimously agreed that this shall be the last tabling to be granted for this item. 9. A request for a work session to discuss an applicalion for a major amendment to Special Development District #4, Cascade Village, pursuant lo Seclion 12-9A-10, Vail Town Code to allow for the adoption of a Development Plan lor the development of a new multiple-family struclure, located at 1000 W. Frontage Rd./Cascade Village, Development Area A, and setting forth delails in regard thereto. Applicant: Ramsey Flower and Greg Walton Planner: George Ruther WITHDRAWN 10.-A requesl for a recommendation to fhe Vail Town Council ol a major amendmenl fo Special Development District No. 36, Four Seasons Resort, pursuant to Seition 12-9A-10, Vail Town Code, to allow for a mixed-use hotel; a request for a final review of a conditional use permit, pursuant to Seclion 12-7A-3, Vail Town Code, to allow for Type lll Employee Housing Units and a fractional fee club; and a request for a recommendalion to the Vail Towh Council oi a proposed rezonip o! Lots 9A & 9C, Vail Village 2nd Filing from Public Accommodation (pA) zone districtlo High Density Multiple Family (HDMF) zone district, located at 28 S. Frontige'Rd. and '13 Vail Road/Lots 9A& 9C, Vail Village 2nd Filing, and setting forth details in regard t6ereto. Applicant: Nicollet lsland Development Company lnc.Planner: George Ruther WITHDRAWN VOTE: 6-0 11. Approval of minutes MOTION: Kjesbo 12. Information Update 13. Adjournment MOTION: Bernhardt SECOND: Lamb VOTE:6-0 SECOND: Lamb VOTE:6-0 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 Departmenl, 75 South Frontage Road. Please call 479-2138 for informalion. 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, March 5, 2004 in the Vail Daily. TO: FROM: DATE: SUBJECT: OR IGINAL MEMORANDUM Planning and Environmental Commission Community Development Department March 8,2004 A request lor final review of a variance from Seclion CC1,12-78-15, Site Coverage, Vail Town Code, to allow for additional site coverage, located at 230 Bridge StreeVlot B, Block 5-C, Vail Village 1"' Filing, and setting forth details in regard thereto. Applicant: Rodney E. SliferPlanner: Warren Campbell I. SUMMARY The applicant, Rodney E. Slifer, is requesting a variance from Section 'l 2-78-15, Site Coverage, Vail Town Code, to allow for a commercial store front addition, located at 230 Bridge StreeUlot B, Block 5-C, Vail Village 1"' Filing. The variance is requested to allow the applicant to enclose an architectural "notch" in the west fagade of the Slifer Buibing and install an awning which extends out more than four feet from the face of the building. The proposed enclosure of the architectural notch and that portion of lhe awning over four feet from the face of the building will count towards the allowable site coverage on the site. As this site is currently alg7.1"/"site coverage, 807" maximum allowed by Commercial Core 1 zone district, lhe proposal requires a variance in order to be construcled. The proposed enclosure would increase site coverage lo 97.5Y". Staff is recommending denial of the requested variance as a practical difficulty or hardship does not exist and would conslitute a granting of special privilege to this individual property. II. DESCRIPTION OF REQUEST This request is to allow for the enclosure of an architectural "notch" in the west fagade of the Slifer Building so that it might become interior retail space and the addition of an awning overlhe entrance which extends out more than four feet form the face of the building. A vicinity map depicting the location of the Slifer Building in Vail Village is attached for reference (attachment A). The proposed enclosure measules 2 teet7 inches wide by 4 feet 2 inches deep for a total of 1 0.76 square feet. The are of the proposed awning over four feet from the face of the building measures 4 inches wide by 12 feet long for a lotal area of 4 square feet. The combined additional site coverage included in this proposal is 14.76 square feet. Reduced copies of the proposal are attached for reference which depicts the area to be enclosed (attachment B). Section 12-78-15 Site Coverage, Vail Town Code, limits site coverage in the Commercial Core 1 zone dislrict to 80% of the total site area. This proposal will increase the site coverage from 97.1o/"lo 97.5%, and therefore requires a variance. A letter from the applicant dated February 9, 2004, has been provided (attachment c). III. BACKGROUND . This property is a part of the original Town of Vail which became effective by the election of August 23, 1966, and the court order of August 26, 1 966.. On February 24, 1992, the Planning and Environmental Commission approved a major exlerior alteration and a site coverage variance request for the Slifer Building. The 1992 proposal added approximately 57 sq. ft. of site coverage to the Slifer Building, in order to allow for the construction of approximately 53 sq. ft. of additional first floor retail area, and 548 sq. ft. of new office space on the second floor of the building, above the retail space. The 1 992 site coverage variance approval allowed the applicant to increase the existing site coverage by 1.8%, trom 92.1T" to 93.9%. The Planning and Environmental Commission approved the applicant's site coverage variance request, finding that the proposal was in compliance wilh the Variance Criteria and Findings prescribed in the Municipal Code. The PEC also found that the strict literal interpretation or enforcement of the site coverage regulation would result in a practical difficulty, as the site coverage regulation is inconsistent with the goals and objeclives outlined in the Vail Village Masler Plan and Urban Design Considerations.. On April 13, 1998 the Planning and Environmental Commission approved a major exterior alteration and a site coverage variance, to allow for a remodel and expansion to the Slifer Building. That proposal added approximately 160 sq. ft. of new retail floor area lo the lower level of the existing building, removed a total of 9 sq. ft. of real eslate office floor area from the main level (Bridge Street) of the building, and added 1 35 sq. fi. of new office floor area to theupperlevel of thebuilding. Theproposal increasedthetotal sitecoveragebyl03sq.ft. for a total of 3,129 sq. ft (97.1%). The "notch" was introduced to the design in order to reduce the amount of deviation required by the applicant for increased site coverage and to comply with Design Review Board guidelines.. On March 3, 2004, the Design Review Board (DRB) conducted a conceptual review of the proposed exterior alteration to the Slifer Building. In lhat meeting the DRB commented on the awning, the moving of the front door, and the enclosure of the "notch". The Board was fine with the movement of the door. but there was some concern about a one-foot wide awning over the new window which is proposed to replace the exisling door. On the Board there was general agreemenl that the "notch" could be enclosed and still maintain the sense and feel which was created by the building on the street. However, two members believed that the proposal as presented was acceptable and the remaining two believed it should be enclosed by approximalely two feet. IV. ROLES OF REVIEWING BODIES The PEC is responsible for evaluatino a proposal for: 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 requesled 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 treatmenl among sites in the vicinity, or to attain the objectives ol 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 lhe Commission deems applicable to the proposed variance. Desiqn Review Board: Action: The DRB has NO review authority on a variance, but must review any accompanying DRB application. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicanl as to compliance with the design guidelines. Stafl provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Zoning Regulations Section 12-2 Delinitions SITE COVERAGE: The ratio of the total building area on a site to the tolal area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, porte cochere, arcade, and covered or roofed walkway as measured from the exlerior face of perimeter walls or supporting columns above grade or al ground level, whichever is the greater area. For the purposes ol this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feel (a') from the exterior face of the perimeter building walls or supporting columns. Section 12-78 Commercial Core 1 (CC1) District (in part) 12-78-1: PURPOSE: The Commercial Core 1 District is intended to provide siles and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequale light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangemenls of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78'-1 5: SITE COVERAGE: Site coverage shall not exceed eighty percent (80%) of the total site area, unless otherwise specified in the Vail village urban design guide plan and design considerations. In commercial core 1 district, ground level patios and decks shall be included in site coverage calculations. 12-78-20: VAIL VILLAGE URBAN DESTGN PLAN: A Adoption: The Vail village urban design guide plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC1) and to guide the future alteration, change and improvement in CC1 district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Section 12-17 Varaances (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance; In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would resull from strictor literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the localion of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from olher physical limitations, slreet locaiions or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-5: PLANNING AND ENVTRONMENTAL COMMTSSTON ACTTON: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications oi conditions as it.deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granled for a limited time period, 6r may be granted subjecl to such other conditions as the commission may prescribe. 12-17-7: PERMIT APPROVAL AND EFFECT: Approval of the variance shall lapse and become void if a building permit is not obtained and construclion not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Villaoe Urban Design Guide Plan, and along wilh the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives oullining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision- making in achieving each of the stated objectives. The stated goals of the Vail Village Master Plan which pertain to this application are: Goal #1 : Encourage high qualily development while preserving the unique architectural scale of the Village in order lo sustain its sense of community and identity. 1.2 Obiective: Encourage the upgrading and redevelopment of residential and commercial lacilities. Goal #2: To foster a strong tourist industry and promote year-round economic health and viabilily for the Village and for the community as a whole. 2.2 Obiective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policy: The design criteria of the Vail Village Urban Design Guide plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of VailVillage. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance ol exisling lodging and commercial facilities to better serve the needs of our guests. Goal #3: To recognize as a top priority the enhancement of the walking experience lhroughout the Village. 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Privale development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. VailVillage Urban Design Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nalure, the Guide Plan is intended to suggest lhe nature of improvements desired. lt is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. VI. ZONING ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Development Standard Allowed/Required Existinq Lol Area: 5,000 sq. ft. 3,223 sq. ft. Prooosed no change Setbacks: Front: Sides: Rear: Building Height: Site Coverage: Landscape Area: Parking: VII. SURROUNDING LAND USES AND ZONING Per Vail Village 1 ft. no change Urban Design 0 ft./0 ft. no changeGuidelines 0 ft. no change 60%at33ft. or less 100%at33ft. or less nochange 40/" at 33 ft. to 43 ft. 0% at 33 ft. to 43 ft. no change 2,578 sq. fr. (80%) 3,129 sq. tr. (97.1%) 3,143.8 sq. tr. (97.5old Per the Vail Village 51.5 sq. ft. no change Urban Design Guide Plan per Section 12-10-10 per Section 12-10-10 .04 space (2.3 spaces/1,000 square feel) North: South: East: West: Land Use Mixed Use Mixed Use Open Space Mixed Use Zonino Commercial Core 1 District Commercial Core 1 District Outdoor Recrealion District Commercial Core 1 District VIII. CRITERIA AND FINDINGS A. Consideration of Factors Regardinq the Setback Variances: 1 . The relationship of the requested variance to other existing or potential uses and slructures in the vicinity. Staff believes that the proposed site coverage variance is neither compatible with nor comparable to the surrounding development along Bridge Street. Many of the existing properties in the vicinity of the applicant's property have site coverages in the range of 83% to 85%. With this proposal the enclosure of the "notch" and the addition of the awning would take the existing site coverage ol 97.1"/o to 97.5% site coverage. Those sites with higher site coverages are the result of either Special Development Districts or special circumstances and physical hardships. Below is a lisl of some sites in the vicinity with their current site coverages listed and how they obtained that site coverage. A. A&DBuildino October 8, 1 984 - The PEC approved a CCI exterior alteration. No variances were requesled. Site coverage was proposed at 79.0%. The exterior alteration was approved with the condition that a floodplain modification request be approved by the Town prior to construction. May 8, 1985 - The PEC approved a floodplain modification for the A & D development. No stream setback variance was required. February, 1995 - Applicant proposes expansion to Golden Bear. Proposed site coverage is 79.95%. B. Red Lion Buildinq April 9, 1990 - The PEC approved a view corridor encroachment, stream setback variance, site coverage variance, CCI exlerior alteration, and conditional use permit (to allow an outdoor dining deck). Prior to redevelopment, the Red Lion Building encroached into the Mill Creek stream setback 1 to 18 feet. The proposed redevelopment requested 5 additional feet of encroachment. The staff memo cited the location of the exisling building and the A & D improvements as signilicant issues that would not make the request a grant of special privilege. The staff recommended denial of the requests, allhough the PEC ultimately approved the requests. Concerning site coverage for the Red Lion redevelopment, the proposal included 50 square feet of additional sile coverage. However, as part of the redevelopment, 27 square feet of existing site coverage was to be eliminated. As a result, there was net increase of 23 square feet of site coverage. At the time of the proposal, the existing Red Lion Building had a site coverage of 83%. Though the staff recommendation for the site coverage variance request was denial, the PEC ultimately approved it. One of the conditions of the exterior alteration was an agreement between the Town and the Red Lion developers that the GRFA approved through that process be lhe cap. Language has been incorporated into the condominium declarations that the existing 8,714 square feet of GRFA and three dwelling units are the maximum allowed for the property and that no other GRFA or dwelling units may be added to the project in the future. The standards for CCI zoning would have allowed approximately 11,200 square feet of GRFA and eight dwelling units. On October 22, 1990, the PEC approved an exterior alteration and a sile coverage variance to allow an airlock to be conslructed for the Szechuan Lion Restaurant. At the time of the request the building had a site coverage of 83.2 percent. The proposed airlock was an additional 60 square feet. The approval allowed the building to reach a site coverage of 83.6 percent. Staff recommended approval, primarily because the Zoning Code at the time emphasized the need for airlocks. C. Bridoe Street Lodge (Golden Peak House) November 2, 1993 - Town Council approved a Special Development District for the Golden Peak House. This included, among other things, a site coverage request which exceeded the 80% allowed in CCl. At the time ot the proposal, lhe existing Golden Peak House on the existing lot had a site coverage of 91 .6%. Under the approved plans with the expanded lot, the site coverage will be 94%. D. Curtin HillBuildino March 8, 1 993 - The PEC approved a CCI exterior alteration for this building. Site coverage at the time of this proposal was 71"/". Ihe approved site coverage is71.6%. E. Vista Bahn Building On March 13, 1995, a request for a major exterior alteration in the Commercial Core 'l zone district and site coverage, stream setback, and common area variances and conditional use permits to allow office space on the third floor and to allow an ouldoor dining deck, to provide for the redevelopment of Serrano's was approved by the Planning and Environmenlal Commission. This approval granted a site coverage variance of 83.9% as several buildings in the vicinity had site coverages in the range of 83%. On August 24, '1998, the Planning and Environmental Commission approved a variance and minor exterior alteration to allow for a new entry to the building which increased the site coverage by 53.5 square feet to a total ol 85.0%. The reason for the minimal increase in site coverage is that most of the addition occurred within the Town of Vail rightof-way which does not count against the site coverage calculation for the site. On April 28, 2003, the Planning and Environmental Commission denied a variance request to increase site coverage from 85.0% to 87.2'/o. F. Clock Tower Building August 12, 1 991 - The PEC denied a request for a site coverage variance at the Superstars Studio within the Clock Tower Building. The PEC found that the prope(y was nol encumbered wilh a physical hardship. The existing site coverage was 87%. The request for an additional 28 square feet would have pul sile coverage a\ 87.2/". The staff recommended denial and the PEC concurred. G. Covered Bridqe Buildino The Covered Bridge building was approved for redevelopment in '1993. The applicants originally requested five variances and a floodplain modification, but ultimately designed a building which conformed with allzoning standards was approved. The degree to which relief lrom the strict and literal interpretation and enlorcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives ol this title without a grant of special privilege. Staff believes that this variance request should nol be approved as it would be a grant of special privilege. This property received approval on February 24, 1992, for a major exterior alteration and a sile coverage variance requesl which increased the existing site coverag e by 1 .8o/", lrom 92.1'/" to 93.9%. On April 13, 1998 the Planning and Environmenlal Commission approved Major CC'l Exterior Alteration and a site coverage variance, to allow for a remodel and expansion to the Slifer Building. Thal proposal added approximately 160 sq. ft. of new retail floor area to the lower level of the existing building, removed a total of 9 sq. ft. of real estate office floor area from the main level (Bridge Street)of the building, and added 135 sq. ft. of new office floor area to the upper level of the building. The proposal increased the total site coverage by 103 sq. ft. for a total of 3,129 sq. ft (97.1%). In the proposal approved in 1998 the applicant initially requested more site coverage than was finally approved as it was the concern ol the Planning and Environmental Commission that while a site coverage variance was warranled it was not warranled to the eltent the applicant was proposing and as a result the site coverage which was approved was a reduction in the initial submittal's requesl. This reduction can be seen by comparing the contents of the March 23, 1998, work session memorandum which detailed a 300 square foot addition and the April 'l3, 'l998, final review memorandum which was an approval ol a 286 square foot addition. Staff feels that the variances granted previously allowed the Slifer Building to enjoy the same privilege given to other properties in the area. As listed in Criteria 1 above buildings in the vicinity meet the requirement, exceed to the tune of approximately 83% to 85/o, or exceed due to the approval of a Special Development District. The size, configuration, existing slructure, and location of this site in the Village are similar to all the properties. Stalf believes there are no physical hardships on this lot which warrants further increase to the site coverage allowances. Staff believes that this current request for a sile coverage variance is only a slep in a series of incremental increase which have occurred on this property. Approval of this variance would be granting a special privilege upon this site that no other property in the vicinity can enjoy. 3. The effect of the requested variance on light and air, distribution of population, transporlation and traffic facilities, public facilities and utilities, and public safety. The requested variance will have little, or no impact, on the above described criteria. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The Plannino and Environmental Commission shall make the followino findinqs before qrantinq a variance: 'l . 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. 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 interprelalion or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistenl with the objectives ol 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 districl. IX. STAFF RECOMMENDATION The Community Development Department recommends denial of the request for a variance from Section 12-7P'-15, Sile Coverage, to allow tor 97.5Y" site coverage. Staff's recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny this variance, the Community Development Departmenl recommends that the following findings be made: a) That the granting of the variance will constitute a granting of special privilege inconsistenl with the limitations on other properties classified in the same district. 10 b) That the granting of the variance will be detrimental to the public health, safety, or wellare, or materially injurious to properties or improvements in the vicinity. c) The strict literal interpretation or enforcement of the specified regulation does not result in praclical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. d) The strict interpreiation or enforcement of the specified regulation does nol deprive the applicant of privileges enjoyed by the owners of other properties in the same district. X. ATTACHMENTS A. Vicinity Map B. Reduced Plans dated March 2, 2004 C. Letter form lhe applicant dated February 9, 2004 D. Publication Notice 1_1 .'1 I I ,f --) I PROPOSED STOREFRONT SHOI^IN DA-.HED f-T, l.t41,,'l',,,| ,/.I|,/ |a(--ru-,Lu ll gcALE 3/O',-\',-O. %AlE 3/b"=l'-O <EVOSABE Attachment: B oI \\ .i IV) \\\:rii"\{t \ z JGcoo 4 @ fi |d i3 - iriEeE= =l i:tsssi:sisss3=tl o -I-(,I P.g]l "iF i i_l*i= e ; 61'; FE€ € gE x=E ! El+ l:+ s gll =r i $= ;li9BE rj zle'*X- d'= |rrr io 4.: __l_ {, o crt rdi i!OLT3 tl: logTh5't i€;tEf 9 E s;ce;; :toa- ''lf,o tozo o o = '6 UJ n#off9o_ [! (/]oxtd \J ILIo-Fd .=r5..: = z-t E.P ;it ? crll c odl 6=Et €;v)t -o cal=- 6 I nl- PE r) l:- 'i -vli. '.9-l- <a zlY i.e56 0; o ' 0, >\ LU F. t- tl Lii (J Fza\ e.lr.Ltl Fu') zF<n X LLI Z o- o = o- '.E t'th "0-,t zI lrl lu n*Ru6 Y h.4ox> L-olr/) IIJ 4 @ v. ;F - i:i:s€= =l ] isrss Si:iis;s H= $ r-l -E0zl =EYl vjiil o, O dl ;o1\l ) -vt F iu)l : t 9t =;,Ll -o c -l c O =l;- o,::t 1xl- P5 ,l 6!zl! 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O bc.'6) _Pro xtS +3 P \-:T?.3-jEar-l =35 9_.o od Li6 0-"8 >:X".l € eo€P tE ,4.- 6 .: o.il' Y O ll' hfas *5 x f s xjEI- E=* 3_S p; .8, c!. {r :.b :o- =s rOiq 'i2 ':si 8- --ooo F_?jlE-6io xod.9 'qEi;: I I t; l= 6lE 6!fu$*3E$$$$,d,d o.E (t .E o o_ I -6 ra 66dr3*90 bEt d;: Y'E O 6qd,zf4 -o E o j "d ) _! ; UJ tttl CDt Ol_!l _!l loi .oi*l Elo; 9i FlSiP o:>15 Lcl .d,i g g,l ,it5 ,il ,!1.= r!l '=; -! =!, -.o-o _9 o .F t o_ -9 .;] E o ! 't .s-s5 .y='iU oq ;o r! .=;3Ccoi. 9e:- 35 t, 6 b - ?d-,l; ,,3 = uJ il,< X'E a z--!. |--Zo u-tueoF u')o LLI o_ o_ z a ? LIJil iro F_t ;x.9 c;'> ^:i; a b'F;:'ro ,.5 Fe L_ l-o ; I I I I I r-- I ui ; ., .cd 6od *9 -tl E ]'FrDO z-a '-E](,z A Jorur vrr ruru wnu February 9,2004 Town of Vail Planning & Environment Commission 25 So. Frontage Road W. Vail. CO 81657 Dcar Commission Members: I am requesting a variance to increase the site coverage of the retail space which is part of the Slit'er Building. The amount requested is minimal. 'I'his space has been occupied by at least four tenants in recent years and none have succeeded financially. The current tenant has hired a retail consultant, Commercial Arts, tiom Boulder. One conclusion they have come to is that the entrance iind front of the building needs to be modified to make it more visible, appeaiing and functional. The enclosed drawings depict what I view to be a huge improvement. The portion I wish to enclose is the indentation shown on the drawings. This area is of no functional or aesthetic value to the I'agade of the building. From a retail standpoint. as pointed out by the consultants. this indentation is a barrier on the right as you enref rhe existing door by merely directing you to the stairs to rhe lower level. In retail, there is a "right hand rule". When you enter a retail store, the vast majoritics of people turn or look to the right. The existing wall is a definite barrier tcr good retail space. This street-level space would be greatly enhanced by incorporating the design rve are sublnitting. In addition, this space is entirely covered by roof. it isn't as though it is a beautifully sunlit space. I 1-eel the inability to remodel as proposed would bc a hardship ancl woulcl Iead to another retail business having a diffrcult time succeeding. Vail Village Offrc 230 Bridgc Street . Vail Colorado 81657 . Telephone 970 47G 242j . Facsimile 970 476 2655 @ z'lnROr\tEADAttachment: C &vall. Page2 The impact will not affect light and air, distribution of population, transportation, traffic facilities, utilities, or public safety. It will actually eliminate an ugly and actual litter- filled portion of Bridge Street. I also feel it is compliant with the current streetscape improvement effons being implemented by the Town of Vail. Thank you for your consideration. Best regards, Slifer Buildinf, LLC o THIS ITEM MAY AFFECT YOUR PROPERTY 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 March 8, 2004, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for final review of a variance from Section 12-6H-6, Setbacks, Section 12-6H-10: Landscaping and Site Development, and Section 12-6H-1 1 : Parking and Loading Vail Town Code, lo allow for a residential addition, located at 303 Gore Creekbrive/Lot 7, Elock 5, Vail Village l"tFiling, and setting forth detail's in regard thereto. Applicant: Ron Hughes, represenled by Shepherd Resources, Inc.Planner: Bill Gibson A request for final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, to allow tor A residential addition, located at2434 chamonix Lane/Lot 11, Block B, vail das schone Filing 1, and setting forth details in regard thereto. Applicant: Mark Yare, represented by VAg, Inc.Planner: Bill Gibson A request for final review of a variance from Seclion 12-6H-6, Setbacks, Section 12-6H-9, site coverage, and Section 12-6H-10: Landscaping and Site Development Vail Town Code, to allow for A residential addition, located at 303 Gore creek Drive/Lot 8, Bbck s, Vail Village 1"' Filing, and setting forth details in regard thereto. Applicanl: Erickson Shirley, represented by K.H. Webb Architects p.C.Planner: Bill Gibson A.request for final review of a variance from Chapter '14-6, Grading Slandards, Vail Town Code, to allow for.retainpg walls in excess of six (6) feet in height, located it Tract K, Glen Lyon Subdivision and Unplatted_Parcels, a more complete metes and bbunds description is available at the Community Development Departement and setting forth details in regard thereio. Applicant: Vail Resorts Development, represented by Braun and AssociatesPlanner: Bill Gibson A request for a recommendation to lhe Vail Town Council for a text amendment to Section '12- 7H-3, Permitted and Conditional Uses; First Floor or Street Level and Section 12-71-9, Permitted and Conditional Uses; First Floor and Street Level, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for temporary real estale sales offices on the first floor or slreel level of a building, in the Lionshead | & 2, Mixed Use zone district, and setting forth details in regard thereto. Applicant: Vail Resorts Development company, represenled by Braun and AssociatesPlanner: George Ruther A request for final review of a variance from Section CC1,12-78-15, Site Coverage, Vail Town Code to allow for additional sile coverage, located at 230 Bridge StreeVlot B, Block S--C, Vait Village 1"t Filing, and setting forth details in regard thereto. Applicant: Rodney E. SliferPlanner: Warren Camobell Attachment: D The applications and information about the proposals are available for public inspection during rygular office hours in the project planner's olfice, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Develbpment Department. Please call 479-2138 lor information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing lmpaired, for information. This notice published in the Vail Daily on February 20,2004. TOI44VM E Rezoning $1300 ftr Major Subdivision $1500 Dtr Minor Subdivision 9550 trtr Exemption Plat $650 trE Minor Amendment to an SDD $1000 trtr New Special Development District 96000 trEl Major Amendment to an SDD 96000 trE MajorAmendmentto an SDD $1250 d fto erten:or modifications) tr Departrnent of Community Development 75 South Frontage Road, Vail, Colorado 81557 tel: 970.479.2139 faxi 970.479.2452 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 ?pplication. Please refer to the submittal requirements for the particulai approval that is requestid. An appliotiori f6i Planning and Environmental Commission review cannot be accepted until all required information is.received by the Community Development Departrnent. The project may also need to be reviewed by the Town Council andlor the Design Review Board. Type of Application and Fee: ,?ECE,UEO .r.cb 0 g l Application for Review by the - - *"*'r Planning and Environmental Commission $6s0 $400 $6s0 $800 $1500 $zs0 $1300 $500 $200 Description of the Request Renodel front of a p LocationoftheProposal: Lot: B Block:5-C Subdivision: Vail Villaee lst Filine Physical Address: 230 Bridge Street Vai1, CO 81657 Parcef No.: 2LOL08229002 (Contact Eagle Co. Assessor at 970-328-8640 for parcet no.) Zoning:cc2 Condiuonal Use Permit Floodplain Modification Minor Exterior Alteration Major Exterior Alteration Development Plan Amendment to a Development Plan Zoning Code Amendment Variance Sion Variance Name(s) of Owner(s):Slifer Buikline. LLC MailingAddress: 230 Brldge Street Vai1. C0 81657phone: 476-242L Owner(s) Signature(s): NameofApplls3nl; Rodney E. Sllfer, Member Mailing Address: 230 Brldse Srreet Vai1. CO g1657 Phone: 476-242I E-mail Address: rs l ifer@s l ifer. ne t Fax 476-2658 Page I of6-01/18/02 ...-I Land Title Guarantee Company CUSTOMER DISTRIBUTION CU RANI[t COIIPANY Date: 02-11-2004 Property Address: Our Order Number: V50004244 230 BRIDGE STREET AKA LOT B, BLOCK 5C, VAIL VILLAGE FIRST FILING VAIL, CO 81657 SLIFER SM]TH & FRAMPTON-BRIDCE STREET 230 BRIDGE ST. VAIL, CO 81657 Attn: ROD SLIFER Phone:970476-2421 Fax: 970-476-265& EMail: rslifer@slifer. nel Sent Via Courier*.1* If you have any tnquiries or require further cssistance, please contact one of tlte numbers below: For Title Assistance: Vail Title Dept. Roger Avila IO8 S. FRONTAGE RD. W. NO3 P.O. BOX 357 vArL, co 81657 Phone:970-476-225I Fax: 910-O64732 EMail: ravila@ltgc.com I ll Land Title Guarantee Company Date:02-l l-2004 v50004244Land Title OUARANTTT COIVIPANY Our Order Number: Property Address: 230 BRIDGE STREET AKA LOT B, BLOCK 5C, VAIL VILLAGE FIRST FILING VAIL, CO 81657 Buyer/Borrower: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY Seller/Owner: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY Neeq.a r.t3p or directions fo1 yoql upcoming closing? Check out Land Title's web site at www.ltgc.comtor directions to any of our 54 office locations. ESTIMATE OF TITLE FEES Information Binder $77s.00 TOTAL 9775 .00 PoE coNfAcr (3/2oo3)TIIANK YOU I-OR YOI,'R ORDER! to Chicago Title Insurance Company ALTA COMM]TMENT Our Order No. V50004244 Schedule A Cust. Ref.: Property Address: 230 BRIDGE STREET AKA LOT B, BLOCK 5C. VAIL VILLAGE FIRST FILING VAIL. CO 81657 1. Effective Date: January 30, 2004 at 5:00 P.M. 2. Policy to be ksued, and Proposed Insured: Infomration Binder Proposed Insured: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land dccribed or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effetive date hereof vested in: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY 5, The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION oa Our Order No. V50004244 TEGAL DESCRIPTIOIU LOT B, BLOCK 5, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PL,AT THEREOF AND A PORTION OF LOT C, BLOCK 5, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SA]D LOT C WHICH IS A POINT OF TANGENT ON THE EASTERLY LINE OF BRIDGE STREET; THENCE SOUTH 82 DEGREES 23 MINUTES OO SECONDS EAST 55.06 FEET ALONG THE NORTHERLY LINE OF SAID LOT C; THENCE SOUTH 4 DEGR-EES 22 MINUTES 00 SECONDS WEST 1.08 FEET; THENCE NORTH 85 DEGREES 38 MINUTES OO SECONDS WEST 56.58 FEET TO A POINT ON A 92.30 FOOT RADIUS CURVE WHICH iS THE EASTERLY LINE OF BRIDGE STREET; THENCE 4.50 FEET ALONC THE ARC OF SAID CURVE TO THE RIGHT WHOSE CENTRAL ANCLE IS 2 DEGREES 47 MINUTES 34 SECONDS AND WHOSE LONG CHORD BEARS NORTH 25 DEGREES T7 MINUTES 13 SECONDS EAST 4,50 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE. STATE OF COLORADO. TOGETHER WITH AN EASEMENT FOR ANY LAWFUL PURPOSE AS SET FORTH IN THE CROSS EASEMENT AGREEMENT DATED MAY 8, 1992 RECORDED IN BOOK 590 AT PAGE 760, COUNTY OF EAGLE, STATE OF COLORADO. oo ALTA COMMITMENT ScheduleB-Sectiorl (Requirements) Our Order No. V50004244 The following are the requirements to be complied with: Itenr (a) Payruerrt to or for the account of the grantors or morrgagors of the full consideration for the estate or i[terest to be irxured. Itetn (b) Ptoper instrurnent(s) creating the estate or interest to be insurecl must be executed ancl duly filed for record, to-wit: Item (c) Payurertt of all taxes, charges or assessments levied and assessed against the subject premises which are clue and payable. Item (d) Additional requiremenrs, ifany disclosed below: THIS COMMITMENT IS FOR ]NFORMATION ONLY. AND NO POLICY WILL BE ISSUED PURSUANT HERETO, ao ALTA COIVIMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50004244 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I . Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easeme s, not shown by the public records. 3. Discrepancies, corrllicts in boundary lines, shortage in area, errcroaclunents, ancl any facts which a correct suwey and inspection of the prernises would disclose and which are not shown by the pubtic records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law anci not shown by the public records. 5. Defects, liens, encuntbrances, adverse claims or other matters, ifany, createcl, first appearing in the public records or ataching subsequent to the effective date hereof but prior to the date the proposed insured acquires of recorcl for value the estate or interest or mortgage thereon covered by this Comnitment. 6. Taxes or special assessments which are not shown as existing lieru by the public recorcls.o the Treasurer's office. 7. Liem for uupaid water and sewer charges, ifany.. 8. In additiou, the owner's policy witl be subject to the lortgage, if any, noted in Section I of Schedule B hereof. 9. RICHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12. 1899. IN BOOK 48 AT PAGE 475. IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12. 1899. IN BOOK 48 AT PACE 475. I1. PROTECTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST IO, 1962.IN BOOK 174 AT PAGE I79. 12. TERMS, CONDITIONS AND PROVISIONS OF CROSS-EASEMENT AGREEMENT RECORDED OCTOBER 05, I992IN BOOK 590 AT PAGE 760. Io ALTA COMMiTMENT Schedule B - Sectiou 2 (Exceptions) our order No. v50004244 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 05. 1992 IN BOOK 590 AT PAGE 76I. 14. RIGHTS OF TENANTS LISTED ON EXHIBIT A, AS TENANTS ONLY, UNDER UNRECORDED LEASES. 15. INGRESS AND EGRESS EASEMENT AS SHOWN ON ALTAiACSM LAND TITLE SURVEY PREPARED BY EACLE VALLEY SURVEYING, INC. DATED JULY 20, 2OOO, JOB NO. 459-3. (BEING THE SAME ITEM REFRENCED IN THE RECORDED DOCUMENT LISTED AS ITEM 12 OF SCHEDULE B SECTION 2 OF THIS COMMITMENT.) 16. THE EFFECT ON SUBJECT PROPERTY OF BUILDING OVERHANG AS SHOWN ON ALTA/ACSM LAND TITLE SURVEY PREPARED BY EACLE VALLEY SURVEYING. INC. DATED JULY 20. 2000, JoB No. 459-3. 17. DEED OF TRUST DATED AUCUST 25, 2OOO, FROM SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF FORTIS BENEFITS INSURANCE COMPANY TO SECURE THE SUM OF $2,1OO,OOO.OO RECORDED AUGUST 30,2OOO, UNDER RECEPTION NO. 737902. SAID DEED OF TRUST WAS ASSIGNED TO AMERICAN MEMORIAL LIFE INSURANCE COMPANY IN ASSIGNMENT RECORDED DECEMBER I8, 2003, UNDER RECEPTION NO. 862480. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED AUGUST 30, 2OOO. UNDER RECEPTION NO. 737903. 18. FINANCING STATEMENT WITH FORTIS BENEFITS INSURANCE COMPANY, THE SECURED PARTY, RECORDED AUGUST 30, 2OOO, UNDER RECEPTION NO. 737904. AMENDMENT IN CONNECTION WITH SAID FINANCING STATEMENTWAS RECORDED MARCH 14, 2002, UNDER RECEPTION NO. 789080. LAND TITLE GUARANTEE COIVIPANY DISCLOSLTRE STATEMENTS Note: Pursuant to CRS 10-i1-122, 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 rnay be obtained from the County Treasurer's authorized agent. C) The infonlation regardiug special districts and the boundaries of such clistricts may be obtained lrom the Board of Coulty Commissioners, the County Clerk ancl Recorder, or the Couuty Assessor. Note: Et'fective September l, 1997 , CRS 30- 10-406 requires that all ilocuments received for recording or filingil the clerk antl recordet's office shall contain a krp margin of at least one inch and a left, right ancl bonom ntargin of at least one half of an inch. The clerk and recorder nuy refuse to record or file any clocrunent that does not conform, except that, the requirement for the top margin shall not apply to clocuruents using frtrms on which space is providetl for recording or filing infornutiou at the top maryin of the docunent. Note: Colorado Division of hsurance Regulatioru 3-5-l , Paragraph C of Articte VII requires that "Every title eltity shall be responsible for all rnatters which appear of record prior to the time of recording whenever the title entity conducts the closing aud is responsible for recorcling or filing of legal dtxuurents resulting from the transaction which was closed". Providecl that Land Title Guarantee Conpany conducts the closing of the iruured tralsaction ancl is responsible for recording the legal documents from the transaction, exceptiol] mmber 5 will not appear on fhe Owner's Title Policy and the Lenders Policy whel issued. Note: Affimrative tnechadc's lien protection for the Owner may be available (typically by deletiol of Exception no. 4 of Schedule B, Section 2 of the Cornmitment from the Owrrer's Policy to be issued) upon compliarce with the following conditions: A) The land described in Schedule A of this comm.iturent rnust be a single famiiy residence which includes a condominium or tovnhouse unit. B) No labor or Inaterials have been furnished by rueclnnics or material-uten for purposes of construction on the land described in Scheclule A of this Commitment within the past 6 morths. C) The Company must receive an appropriate atfidavit indemnifying the Company against un-filed urechanic's and material-men's liens. D) The Company must receive payment of the appropriare premium. E) If there has been constnrction, improvements or major repairs undertaken on the property to be purchased within sir months prior to the Date of the Commiunent, the requirements to obtail coveragc for unrecorded liens will include: disclosure of certail co$tructiou irrfonnation: financial infonnation as to the seller, dre builder and or the contractor: payment of the appropriate prernium fully executed Indemnity Agreements satisfactory to the conpany, and, any additional requirements as may be uecessary after an exarnination of the afbresaid information by the Cornpany. No coverage will be given under any circumstarces for labor or material for which the insurecl has contracted for or agreed to pay. Note: Pursuant to CRS l0-11-123, notice is hereby given: This notice applies to owuel's policy comrnimrents containing a lfrreral severance instnulent exception, or exceptious, in Schedule B, Section 2. A) That there is recoriled evidence that a mineral estate has been severecl, leased, or otherwise conveyed from the surface estate and that tirere is a substantial liketihood that a thircl party holds soure or all interest in oil, gas, other minerals, or geothernul energy in the property; and B) That such mineral estate may include the right to enter and use the propety without the surface owner' s pennissiou. Nothing herein contained will be deerned to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Fofm D I SCLOSURE 09/01/Oz oo i a JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July l,2001 We recognize. and r-e-spect.the privacy expecrations of rotlay's consumers antl the recluirenreuts of applieablc federal and sm^te prlvacy- laws._ we bcllev€ that mabn_c you aware of how wc usc your ngrr-public personal information ('PersorulIntormatloll ). arld to whont-tt is disclosed, will fonn the basis for a rblarionshif of rnist bcrween us and the public llHt wc servc. I hls Pnvacy Statement provitles thar_ explanarion. We reserve thd righr ro change this Privacy' Sareureut frour tinrc to tinie consistenfwith applicable'privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * Frorn applications or odrer f()rnls we receive frorn you or vour autllorizcd reoresernarive:" l'rolll your transacrions wirh. or fronr the senices 6eing perfonrred by, us, our affiliates. or odtcrs;+ l-,rolD rlur intenlet weh sites:* Frt1ry the public record^: rnaintairted. by goverrurrerrtal cntiries rhar wc eirher obrain dirc,ctly froru drose enlltles, or lrom our atttltates or others: and* From consumer or odrer reponing agencies. Our Policies Regarding the Protection of the Confidentlality and Security of Your Personal Information We ntaintairt physical, elcctronic and procegural safeguards to prorect your Personal Informarion front unaurhorizecl access or lnrruslon. we llnut aucess to tnc personal lnJonrmtion or y !o tltose enrployees who ncetl such access inconnection with providing products or services to you or frrr other t6gitimate busineds purposes. Our Policies and Practicc Regarding the Sharing of Your Personal Information {-e- 1!iy 9!are y<rur Personal lnformatiou with our affiliates. such as insurance cornpanies, agenrs. and other real esmte settlement service providers. we also rnay disclose your personal Infonutiori: * to agents, brokers or representatives to provide you with services vou have requesre4;+ ttt third-pany contractois or scrvice providcrs wto provide servic,is or perfonri nrarkedng or otherfunctioni od our behalf: and* to others with whom we enter into joint markering agreements for products or services that we believe you may tind of interest. lrt addition we will disclose your Persotnl Irtformation when you direcr or give us permission. wheu we are requiredby^law to do so, or when we suspcct fraudulent or cri.rnirul aciivities. We alit-r mav'rlisclose vour Personallntonnatlon when otherwisc pemritted by applicable privacy laws such as, for exaiuple. wheir disclosure is neede4to enforce our rights arising out of any dgre'einenr, trlnsaliioniri..iitio;ilhit;irh ttu. ,O::^ql ft". t^*qp^rlant responsibilities of sone of our affi.liaterl.companies is to recorcl docurnents in the public domarn. Such docunents may contain your Personal Information. - Right to Access Your Pemonal Information and Ability to Correct Errors Or Request Changes Or Deletion Cenain states aJtord yr2q the righ.r to access your Persorul Inftrrmation and, under certain circunrsrances, to find ourto wllolu your Personal Intorulation lns beeu disclosed, Also, certain states afford vou tlre risht to rer:uesr 991ect1on, q1e1,!3te"ttt or deletion of your PersorF! Infrrrmation. We reserve the rilht. wherE permitt6d by law, toclrarge a reasonable tee fo cover the cosrs irrcurred irr responding to such requesrs. - $],fS."i:" sgl]nritred,to the Fidplity. Na-tional.Financ.ial Group of Conrpanies/Chicago Title Insurarrce Corrrpanysnatt be ln wntlng, and delivered to the followius address: Privacv Compliance Officer Fidelity Natioual Financial, Inc. 3::gg11f*.:bfr51?3' Multiple Products or Services ll^t.f^.y,',{.^lqt1_y1h pore than olte firnncial protlucr or service, yuu uray reccive rnore rhan one privacy noticerrom us. we apotogtzc tor any toconveluence dlis nray cause you. Form PRIV.PoL.Ctll \' z J EooJ E \ -6z w, LII r_\IJI, \J()[o- uJals t4 4, @ a-, KJv. r ,li-'ll2 lztoll- lz3lBl> l<ls Eldld Ololfus,$gssg$*,dd :v6= x] oUF\O N\: g + Rs -ad | 9:I a, -E I co I co11 0 e lY o >\ l- Y'; l\ -:.:l- -1 ^| 1-| .. -! I= LU Ot< x*-t() \.,, o I i't Z+ zou. LI.J Fan otl-trn (J z o_ et =- (J za\ ut LJF a\z at) ><Ltt z o_ o t ' rlJ -r- I Fl o ato ol 0J dF!+t g :lL r tln tl| --r- - _.9 -P*9rai iqOL:6 t6 c>- EYoP eogThd't i-t .:, > o;9E d"0 o v: d p;; 'o .9t; z_9 0) .E'6-dcFoo-t*E- F't -o:- - P- =; di ".i..Y Fo)> d ;:JL \i ) .g]o t .i 'z t't^ g o o -E; I Department of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-21 38 FAX 970-479-2452 www.ci.vail.co.us Rod Slifer 230 Bridge Street Vail, CO 81657 February 27,2004 Re: Slifer Building applicalions for exterior alterations and, a variance for site coverage located at 230 Bridge StreeV Lol B, Lot 5C, Vail Village lstFiling Mr. Slifer, This letter is lo inform you thal your variance application has been reviewed by staff and after conducting research of the Town of Vail legal files lhat staff will be unable to recommend approval of your variance request.. As you are aware, your property received several site coverage variances over the years. The most recent site coverage variance was granted on April 13, 1998, which permitted the property to have 97.1% site coverage. Your current proposal to create 18.768 square feet of additional site coverage would increase the existing site coverage to g7.lT". While a 0.6% increase in site coverage seems minimal staff believes lhere are several reasons for which we cannot support your requesl to further increase the site coverage on the property. During the course of review of your 1998 site coverage request both the Planning aid Environmentai Commission and the Design Review Board required that the face of the building be "broken-up" which resulted in the design with the notch you propose to enclose. In addition, stafl has performed research on the site coverage of other properties in the Commercial Core 1(CC1) Zone District and found lhe following information on other properties within the same zone districl: A. A & D Building site coverage is 79.95%. B. Red Lion Building site coverage is 83.6%. C. Bridge Street Lodoe (Golden Peak House) site coverage is 94%. D. Curtin Hill Building site coverage is 71.6%. E. vista Bahn Building site coverage is 85%. (Variance tor 87.2/" denied 2003) F. Clock Tower Buildino site coverage is 87o/;. (Variance lor 87.2/"denied in 19g1 ) G. Covered Bridge Buildinlsite coverage is g0%. As can be seen by the information listed above, the property upon which you are reguesting a site coverage variance currently possesses site coverage in excess to many of the other properties in the {p run"uorn"o ln order to remaining on this proposed schedule for review revised plans addressing the above comments need to be received in the Communily Development Departmenl no later than Monday March 1, 2004. 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(, =ct T. .: EE dr6 .d oE*9Ootro-oc 9 so iHPO rdi Z?q -! E o o od i o C" dr yo x s5 -:t! :1i a o?l:-=E ET i --;:: o-o dl o "6 Ea a 9g*.S -6 e o=o9 ] 6 -:- a .:6;'u o #'q'x a o, x.=oYc oc or h''d o h>i! >-e3+ 8=&8_'S p; o _> {., qJ? *5 d,!6_o-E: \ozo)+-< ! sir --o90o)o-x E= i'jiE =l^9tu: ,< 1.€l9>i'o!i5z 4.9 t; :-i ix.Y c;> ^c og: a6-tE . cDv t;;3 'i 9p .=. =5-g='-U dr. g ;o -= it co 9 6>-: P5 s,,l Ad - ?a.. 'Eg Fr:Q \,/t z_ + Fz tu oF a LIJ o-r) zoF LIJ E lt_ o^ :u6od eB -! ID E Y>r 9o, 'FtDoZ-a o lo > z ii (tt qrt-gt _ol coi E: =t ulo'o; 9l'Et ",1fE fi e'l i -sJ,ilx Jlri"i ,..i, uj l.= !r I '= '-o ) P'' ,i r-- I @@ETM@@ ww\!.slifer.net A torNr VENTUR! wrrH lirrRrsorrs March 9.2004 Mr. Wanen Campbell Town of Vail Ccmrnunity Development 75 South Frontage Road West Vail, CO 81657 Dear Warren: I feel that the Minor Exterior Alteration I am applying for meets the Vail Village Urban Design Guide Plan and the Vail Village Master Plan. In the Vail Village Master Plan, I will enurnerate the goals this proposal complies with. Goal #1 It certainly is ofhigh architectural style and scale. Goal #2 It helps promote tourism, will be more attractive to our visitors and is certainly an upgrade. Goal #3 The changes proposed will make the space much more attractive and inviting to pedestrians. Goal #4 ln CCl, this does not apply very well. Goal #5 I don't believe it affects transportation or circulation. Goal #6 This change will not affect service or delivery since all will be made through the alley in back. Also, in the sub area of Commercial Core 1, I feel it certainly complies and adds to all the elements mentioned. Again, architecturally, etc. it becomes a better building and especially improves as a retail space. Vail Village Office 230 Bridge Street' Vail Colorado 81657 . Tblepbone 970 476 2421 . Facsimile 970 476 2655 @.4trt{a\t-E DAttachment C &Vail Page 2 ln addition, I feel it will comply with and enhance the goals of the most recent streetscape plan. I hope this is enough information in outlining how we comply with the applicable master plans and planning documents. Best regards, . ...t ,, r'7 l/fly'ik/r"A'dM,.-' Rodney E. Sllfer - RESijt -#'$* THIS ITEM MAYAFFECT YOUR PROPERW PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vaif will hold a public hearing in accordance with Section 12-3-6,Vail Town Code, on Aprll 12, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for final review of a variance pursuant to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a new primary/secondary residence to encroach into the front and side setbacks and a variance from chapter 10, off-street Parking and Loading, Vail rown code, to allow for lequired parking to be located within the public right-of-way, located at 2830 Basingdale Blvd./Lot 5, Block 9, Vail Intermountain, and setting forth details in regard thereto.Applicant: W.L. Broer ConstructionPlanner: Matt Gennett A request for a minor exterior alteration pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a commercial addition to the Slifer Building, located at 230 Bridge StreeUlot B, Block 5, Vail Village 1't Filing, and setting forth details in regard thereto. Applicant Slifer Buitding, LLCPlanner: Warren Campbell A request for a conditional use permit pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for a temporary seasonal structure within the Lionshead Mixed Use 1 zone district, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead 3'd Filing and Lots C & D, Morcus Subdivision, and setting forth details in regard thereto.Applicant: Vail Corporation; represented by Mauriello planning GroupPlanner: Wanen Campbell A request for conditional use permit pursuant to Section 12-7E4, Conditional Uses, Vail Town Code, for an amendment to the existing private club (i.e. parking club) conditional use permit, Located.at 12 Vail Road (Vail Gateway)/Lots N & O, Block 5D, Vlit Vitiage l"tFiting, and setting for details in regard thereto.Applicant: vail Gateway Plaza condominium Association, Inc., represented by Greg Gastinear.rPlanner: Bill Gibson A request for a variance from Section 12-21-14, Restrictions ln Specific Zones On Excessive S!ope9, Vail Town Code, to allow for the construction of driveways and surface parking in excessof 10% of the total site area, located at 2388 Garmisch Drive/Lof 9, Block G, Vail Das bchone 2nd Filing, and setting forth details in regard thereto.Applicant Snow Now, LLCPlannen Warren Campbell A request for a work session to present an overview of the proposed redevelopment plans for the Lionshead Core Site Hotel, located at 675 Lionshead Place{a'complete legal 'descriftion of theproposed development site is available at the Town of Vail Commuhity Derielopment Department uponrequest), and setting for details in regard thereto.Applicant: Vail CorporationPlanner: George Ruther Attachment: D The applications and information about the proposals are available for public inspection during regular ,:" , ,"i ,tt^'|?at office hours at the Town otVOommunity Development Department,OSoutfr Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Published March 26, 2004, in the Vail Daily. AD JACENT PROPERTY OWNERS TO 230 BRIDGE STREET Property Owner Pepi & Sheika Gramshammer Gasthof Gramshammer 231 East Gore Creek Drive Vail Dave & Rene Gorsuch Gorsuch, Ltd. 263 Gore Creek Drive Vail Ron Riley P & R Condominiums 228 Bridge Street Vail Charles & Elizabeth Koch RE Trust 4111 E.37th Street N. Wichita, KS 67201-2256 Jim and Jearure Gustafson Covered Bridge Building 50 E. Sample Road, Suite 400 Pompano Beach, FL 33064 Property Owned Gasthof Gramshammer 231 Bridge Street Lots C,D,E,F,G,H,I, Blk 58 Vail Village 1't Filing Gorsuch, Ltd. & Ore House 263 Gore Creek Drive Lots C,D,E, Blk 5C Vail Village 1't Filing P & R Condominiums @ussell's) 228 Bridge Street Lot A, Blk 5C Vail Village 1" Filing P & R Condominiums 228 Bridge Street Lot A, Blk 5C Vail Village l't Filing Covered Bridge Building 227 Bridge Street Lot B, Blk 58 Vail Village 1" Filing PLANNING AND ENVIRONMENTAL COMMISSION PUBLlC MEETING Monday, April12,2004 PRoJEcr ORIENTATION - community Devetopment Depr. - puBltc wELcoME 11:00 am MEMBERS PRESENT MEMBERS ABSENT David Viele Ann Gunion BillJewitt Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo Site Visits : 1. Broer- 2830 Basingdale 2. Slifer-230 Bridge Street 3. Vail Gateway- 12 Vail Road 4. Snownow, LLC- 2388 Garmisch Drive NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break lor dinner from 6:00 - 6:30 Public Hearinq - Town Gouncil Chambers 2:00 pm 1. Swearing in of new Commission Members 2. Appointmenl of Chair and Vice-Chair Doug Cahill (Chair) Chas Bernhardt (Vice Chair) MOTION: George Lamb SECOND: Roilie Kjesbo VOTE: Z-0 3. A request for final review of a variance pursuant to Seclion 12-6D-6, Setbacks, Vail Town Code, and a variance from Chapter 10, Off-street Parking and Loading, Vail Town Code, to allow for required parking to be located within the public right-of-way, localed at 2830 Basingdale Blvd./Lot 5, Block g, Vail Intermountain, and setting forth details in regard thereto. Applicant: W.L. Broer Construclion Planner: Matt Gennett MOTION: Rollie Kjesbo SEGOND: George Lamb APPHOVED WITH CONDITIONS Motion to approve the variance according to the criteria and findings lound in the memorandum and the three conditions and two additional conditions. Parking and driveways be snowmelted Letter from Excel stating safety of vicinity of the home Matt Gennett made a presenlalion per the staff memorandum. Upon review of the criteria and findings, staff was recommending approval of the applicalion with conditions, as stated in the staff memorandum dated April 12, 2004. The applicant's represenlative, peter cope, addressed the Commission and stated the need for the variance. The Commission felt lhat the requested variance exceeded what is acceptable for new construction. There were several comments regarding the lack of snow slorage and a request for it to be heated. Some portion VOTE:7-0 was acceptable. However, options should be exhausted to reduce the amount of variance requested. The applicant responded to Commissioner comments regarding the design of the house being driven by topography. Te Commission expressed safety concerns over ihe home being so close to the gas relief valve. There was general consensus from the Commissioners thal the third and fourth floors should be pushed back from the property line. The Commissioners were concerned with parking and the effects of winter on the required parking. 4. A request for a minor exterior alteration pursuant to Section 12-75-7 . Exterior Alterations or Modifications, Vail Town Code, to allow ior a commercial addition to the Slifer Building, located al 230 Bridge StreeVlot B, Block 5, Vail Village 1't Filing, and setting forth details in regard thereto. Applicant: Slifer Buitding, LLC Planner: WarrenCampbell MOTION: Chas Bernhardt SECOND: George Lamb APPROVED WITH NO CONDITIONS VOTE:7-0 Warren Campbell made a presentalion of the application per the staff memorandum. Staff was recommending approval of the applicalion with no conditions. The applicant had nothing new toadd. There was no public commenl. The Commission members expressed their support.for the application indicating thal the application complied with the applicible regulations outlined in the Town's planning documenls. 5. A request for a conditional use permit pursuant to Section 12-'l6, Conditional Use Permits, Vail Town Code, to allow for a temporary seasonal structure within the Lionshead Mixed Use 1 zone district, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead 3'd Filing and Lots C & D, Morcus Subdivision, and setting forth details in regard thereto. Applicant: Vail Corporation; represented by Mauriello planning Group Planner: WarrenCampbell MOTION: George Lamb SECOND: Roilie Kjesbo VOTE: 6-1 (Jewiil) APPROVED WITH FIVE CONDITIONS" 1. That the applicant shall not erect the tent prior to April 30, 2004 and that the applicant shall remove the tent by no later than October 31, 2004. 2. That the hours of operation shall be from 7:00 am to 10:00 pm, seven days a week. 3. That the applicant's operation of the temporary seasonal structure comply with all Town of Vail regulations regarding noise levels. 4. That the applicant install a minimum of six,50-gallon planting pots, containing a combination of evergreen trees and flower plants in each pot, in association with the Alternative 2 seasonal slructure location. 5. That the applicant receives a Town of Vail building permit prior to erecting the tent. Warren Campbell made a presentation of the application per the staff memorandum. Slaff was recommending approval of the application with the five conditions as stated in the staff memorandum. The recommended conditions were similar to those required in previous years. The.applicant's representative made a brief presentation of the applicaiion and requesteO ftat the hours of operation be amended lo allow the tent to be used until 10:00 pm daily, if needed. There was no public commenl. The Commission members asked questions to clarify lheir understanding of the application. Commission member Jewitt questioned the use of the tent to address overflow capacity and whether the use complied with the regulations as stated in the o Zoning Code. 6. A request for conditional use permit pursuanl to Section 12-7E-4, Conditional Uses, Vail Town Code, for an amendment to the existing private club (i.e. parking club) conditional use permit, localed at 12 Vail Road (Vail Gateway)ilots N & O, Block 5D, Vail Village 1"t Filing, and setting for details in regard thereto. Applicant: Vail Gateway Plaza Condominium Association, Inc.,represented by Greg Gastineau Planner: Bill Gibson MOTION: Rollie Kjesbo SECOND: David Viele VOTE: 6-1 (Lamb opposed) APPROVED WITH THREE GONDITIONS: 1. This conditional use permit approval shall be valid upon the applicant receiving Town of Vail approval tor the associated amendments to the Vail Gateway Plaza Condominiums plat. 2. The use of parkang club spaces with the Vail Gateway Building shall be limited to the parking of motor vehicles and shall not be used for other forms of storage. 3. Tandem parking spaces designated for a restaurant use within the Vail Gateway Building shall count as two required parking spaces when associated with a valet parking management system; however, tandem parking spaces designated lor a restaurant use within the Vail Gateway Building shall only count as one required parking space when operated without a valet management system. Bill Gibson made a presentation per the staft memorandum and recommended one additional condition that limited the use of the parking spaces to parking only. The applicant summarized the applicalion. There was no public comment. The Commission member asked questions of the applicant and staff. The Commission members expressed concerns with the applicant's intent to use tandem spaces for guest parking and reslaurant patron parking. The applicant indicated that up to 20 of the office parking spaces would be shared with the evening-only restaurant use. Commission member Lamb expressed concerns selling individual deeded parking spaces in the building. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow for the conslruction of driveways and surface parking in excess of 10% of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail Das Schone 2nd Filing, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell MOTION: BillJewitt SECOND: David Viete VOTE: 7-0 TABLED TO APRIL 26,2004 Warren Campbell made a presentation per the staff memorandum. The staff was recommending denial of the applicant's request. The applicant, Greg Amsden, provided an overview of the application .a.nd lvhy the application has been submitted. Norma Broden spoke under public comment. Ms. Broden expressed support of the applicant's request to build on the property and establish easemenls to clarify the driveway access. The Commission members believed that establishing easemenls was the right way to address this issue. The Commission members asked questions of the applicant and staff. The Commission members commended the applicanl for working with the neighbors in an attempt to address lhe access problem. A requeslfo,r a w-ork session to present an overview of the proposed redevelopment plans for the Lionshead Core Site Hotel, located at 675 Lionshead Placei(a complete legal descriition of the proposed development site is available at the Town of Vail Community Development Department upon request), and setting for details in regard thereto. Applicant: Vail Resorts Developmenl Company 7. 8. t Planner: George Ruther George Ruther made a brief presentation per the staff memorandum. The applicanl made a presentation and provided an overview of the proposal. A copy of the applicant's presentation is available at the Town of Vail Community Development Department. Geoff Wright and Jim Lamont each spoke under public comment. Both expressed their support for the redevelopment of Lionshead yet indicated a caulious concern about unintended negative consequences of the redevelopment. For example, with success often come the unintended consequence of increased traffic and the need lo manage that outcome. The Commission expressed their general satisfaction with concept of the proposal. A crealion of a "sense of place" is crucial but the creation of a black hole where people enter but never gel out to other areas of Lionshead should not be the intent of the redevelopment project. lnstead, this redevelopment project should be the catalyst for the rejuvenalion of ALL of Lionshead. MOTION: Rollie Kjesbo SECOND: George Lamb VOTE: 7-0 TABLED TO APRIL 26,2004 9. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow lor the redevelopment of the Manor Vail Lodge, and a request for a condilional use permit to allow for the construclion of Type lll Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: WarrenCampbell MOTION: Rollie Kjesbo SECOND: George Lamb VOTE:7-0 TABLED TO APRIL 26,2004 10. Report to the Planning and Environmental Commission of an administrative action approving a request lor a minor amendment pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the Approved Development Plan for Special Development District No. 21, Vail Gateway, located at 12 Vail Road/Lot N & O, Block 5D, Vail Village 1st Filing, and setting forth details in regard thereto. Applicant: Vail Gateway Plaza Condominium Association, Inc., represented by Greg Gastineau Planner: Bill Gibson There was no public commenl. 1 1 . Approval of minutes: March 8, 2004 and March 22,2004 MOTION: George Lamb SECOND: Rottie Kjesbo VOTE: rt-0-2 1 2. lnformalion Update: Chas Bernhardt and Bill Jewitt will be absent from the Mav 10. 2004 meetino. 13. Adjournment MOTION: Bill Jewitt SECOND: Chas Bernhardt VOTE: 7-0 The applications and information about the proposals are available for public inspection during regular office hours al the Town of Vail Community Development Department, 75 South Frontage noaO. tne public is invited lo attend the project orientation and the site visits lhat precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 foi additional information. SLg_n_!?!9u1Sg interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Community Developmenl Department Published, April 9, 2004 VailDaily. I in lhe TOI4'NM Application for Review by the Planning and Environmental Commission 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 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 Departnent. The projed may also need to be reviewed by the Town Council and/or the Design Review Board. Type ofApplicafion and Fee: El Rezoningtr Major SubdivisionE Minor SuMivisionn Exemption Plattr Minor Amendment to an SDDE New Special Development Districttr Major Amendment to an SDDtr Major Amendment to an SDD (no exterior mdifrcations) Description of the Request:Remodel the west elevation of a portion of the Slifer Buildinq. RECE IVEB MAR 0 s 2004 $1300 tr$1s00 tr$6so X$6s0 E\ $1000 D $6000 D $6000 n $1250 tr tr Conditional Use Permit $550 Floodplain Modification $400 Minor Exterior Alteration $650 Major Exterior Alteration $800 Development Plan $1500 Amendment to a Development Plan $250 Zoning Code Amendment $1300Variance $500 Sign Variance $200 Location of the Proposal: Lot: B Block:ll Subdivision;VaiI ViIIaqe 1st Filinq Physical Address: 230 Bridge Street 'Vai1, CO 81657 ParcefNo.: 210108229002 (Contact Eagle Co. Assessor at 970-328-8640 for pareel no.) Zoning:cc1 Name(s) of Owner(s)t Slifer Buildinq, LLC Mailing Address: 47 6-242L Owner(s) Signature(s): Name of Applicant:Rodnev E. Slifer, Member Mailing Address:230 Bridqe Street Vai1, CO 81657 Phone:47L-2]4 E-mail Address: rslifer@ slifer. net Fg;ff"zuff$''' Date: Planner: No.: Page I of6-01/18/02 Fax 47 6-2658 lr| (\q .fi t- ft(,ed'dils' a I Land Title Guarantee Company CUSTOMER DISTRIBUTION OUAR,\NTEt COIVIPANY Date: 02-11-2004 Property Address: Our Order Number: V5ffi04244 230 BRIDGE STREET AKA LOT B, BLOCK 5C, VAIL VILLAGE FIRST FILING VAIL, CO 81657 SUFER SMITH & FRAMPTON-BRIDGE STREET 230 BRIDGE ST. VAIL, CO 81657 Attn: ROD SLIFER Phonc: 970-476-2421 Fax: 97O-476-7658 EMail: rslifer@slifer.net Sent Via Courier**.* If you have any inquiies or require further assistance, please contact one of the numbers below: Ior Title Assistance: Yail Title Dept. Roger Avila 108 S, FRONTAGE RD. W, #203 P.O. BOX 357 vArL, co E1657 Phone:970476-2251 Fax: 970-476-4732 EMail: ravila@ltgc,com I I Land Title Guarantee Company Land Title Date: 02-11-2004 Our Order Number: V50004244 Property Address: 230 BRIDGE STREET AKA LOT B, BLOCK 5C, VAIL VILLAGE FIRST FILING VAIL. CO 8165? Buyer/Borrower: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY Seller/Owner: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY Need a map or directions fol you; upcomi.ng closing? Check out tand Titte's web site at wrwv.ltgc.comfor directions to any of our 54 office locatio"ns. - ESTIMATE OF TITLE F'EES Information Binder <1 ., tr nn TOTAL g77s.oo loe cor+TAc! {a/2003)THANK YOU FOR YOUR ORDER! oI Chicago Title Insurance Company ALTA C OMMITMENT Our Order No. V50004244 Schedule A Cust. Ref.: Property Address: 230 BRIDGE STREET AKA LOT B, BLOCK 5C, VAIL VILLAGE FIRST FILING VAIL, CO 81657 1. Effective Date: January 30, 2004 ar 5:00 p.M. 2. Policy to be Issued, and Proposed Insured: Inibnnation Binder Proposed Insured: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY 3' The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Sinple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION oo Our Order No. V50004244 tEGAt DTSCRIPTIOfl LOT B, BLOCK 5, VAIL VILLAGE, FIRST FILING, ACCORDINC TO THE RECORDED PLAT THEREOF AND A PORTION OF LOT C, BLOCK 5, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SA]D LOT C WHICH IS A POINT OF TANGENT ON THE EASTERLY LINE OF BRIDGE STREET; THENCE SOUTH 82 DEGREES 23 MINUTES OO SECONDS EAST 55.06 FEET ALONG THE NORTHERLY LrNE OF SArD LOT C; THENCE SOUTH 4 DEGREES 22 MINUTES 00 SECONDS wEsr 1.08 FEET: THENCE NORTH 85 DEGREES 38 MINUTES OO SECONDS WEST 56.58 FEET TO A POINT ON A 92.30 FOOT RADIUS CURVE WHICH IS THE EASTERLY LINE OF BRIDGE STREET; THENCE 4.50 FEET ALONG THE ARc oF SAID CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 2 DEGREES 47 MINUTES 34 SECONDS AND WHOSE LONG CHORD BEARS NORTH 25 DEGREES 17 MINUTES 13 SECONDS EAST 4,50 FEET TO THE POINT OF BEGINNING, COUNTY OF EACLE, STATE OF COLORADO. TOGETHER WITH AN EASEMENT FOR ANY LAWFUL PURPOSE AS SET FORTH IN THE CROSS EASEMENT AGREEMENT DATED MAY 8, 1992 RECORDED IN BOOK 590 AT PAGE 760. COUNTY OF EAGLE, STATE OF COLORADO. oo ALTA COMMITMENT ScheduleB-Sectionl (Requirements) Our Order No. V50004244 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or nrortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrurnent(s) creating the estate or interest to be insurecl ust be executed and duly file<l for record, to-wit: Item (c) Payrnent ofall taxes, charges or assessments levied anil assessed against the subject premises which are clue and payable. item (d) Additional requiremenrs, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED PURSUANT HERETO. oo ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50004244 The policy or policies to be issued will contain exceptions to the tollowing unless the same are disposed of to the satisfaction of the Company: 1 Rights or claims of parties in possession not shown by the public records. 2. Easernents, or clains of easements, not shown by the public records. 3. Discrepancies, conflicts in bourulary lines, shortage in area, encroachments, and any facts which a correct survey and inspectiort of the premises would clisclose and which are not shown by the public recorcls. 4. Any lien, or right to a lien, fbr services, labor or material theretofore or hereafter firnisherl, imposed by law ancl not shown by the public records. 5. Defects, liens, enculbrauces, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires bf recorrl for value the estate or irrterest or mortgage thereon covered by this Commitnent. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, ifany.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof. g. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PR-EMISES AS RESERVED IN UNITED STATES PATENT RECORDED JIJLY 12, 1899. IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANAIS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12. 1899. IN BOOK 48 AT PAGE 475. II. PROTECTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIG]ON, SEX, HANDICAP, FAMILIAL STATUS ORNATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962,IN BOOK 174 AT PAGE I?9. 12. TERMS, CONDITIONS AND PROVISIONS OF CROSS-EASEMENT AGREEMENT RECORD;D OCTOBER 05,1992IN BOOK 590 AT PAGE 760. oo ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our Order No. v50004244 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13, TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 05, 1992 IN BOOK 590 AT PAGE 76I, 14. RIGHTS OF TENANTS LISTED ON EXHIBIT A, AS TENANTS ONLY, UNDER UNRECORDED LEASES. 15. INGRESS AND EGRESS EASEMENT AS SHOWN ON ALTA/ACSM LAND TITLE SURVEY PREPARED BY EAGLE VALLEY SURVEYING, INC. DATED JULY 20, 2OOO, JOB NO. 459-3. (BEING THE SAME ITEIVI REFRENCED ]N THE RECORDED DOCUMENT LISTED AS ITEM 12 OF SCHEDULE B SECTION 2 OF THIS COMMITMENT.) 16. THE EFFECT ON SUBJECT PROPERTY OF BUILDINC OVERHANG AS SHOWN ON ALTA/ACSM LAND TITLE SURVEY PREPARED BY EAGLE VALLEY SURVEYING, INC. DATED JULY 20, 2000, JoB NO. 459-3. 17. DEED OF TRUST DATED AUGUST 25,2W0, FROM SLIFER BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF FORTIS BENEFITS INSURANCE COMPANY TO SECURE THE SUM OF $2,IOO,OOO.OO RECORDED AUGUST 30, 2OOO, UNDER RECEPTION NO.737902. SAID DEED OF TRUST WAS ASSIGNED TO AMERICAN MEMORIAL LIFE INSURANCE COMPANY IN ASSICNMENT RECORDED DECEMBER 18, 2003, UNDER RECEPTION NO. 862480. SA]D DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED AUGUST 30, 2OOO, UNDER RECEPTION NO. 737903. I8. FINANCING STATEMENT WITH FORTIS BENEFITS INSURANCE COMPANY. THE SECURED PARTY, RECORDED AUGUST 30, 2OOO, UNDER RECEPTION NO. 737904. AMENDMENT IN CONNECTION WITH SAID FINANCING STATEMENT WAS RECORDED MARCH 14,2002, UNDER RECEPTION NO. 789080. LAND TITLE GUARANTEE C OMPANY DISCLOSURE STATEMENTS Note: Pursuanr ro 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 ofTaxes Due listing each taxing jurisdiction rnay be obtained frorn the County Treasurer's authodzed agent. C) The information regarding special districts and the boundaries of such districrs may be obtained frour the Board of County Cornmissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective Septernber l, 1997, CRS 30-10-406 requires that all documents receivecl for recording or filing in the clerk and recorder's office slnll contain a top nnrgin of at least one inch and a left, right ancl bottorit nargin of at least ole half of an irrch. The clerk and reconler may refuse to record or file any clocunent that does not confom, except that, the requirement for the top rnargin shall not apply to clocunents using forms on which space is provided for recording or filing infomration at tire top ruargin of the clocument. Note: Colorado Division of Insurance Regulatiors 3-5-1, Paragraph C of Article Vil requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever dte title entity conducts the closing and is responsible for recording or filing of legal docurnents resulting ftorn the transaction which was closed". Provided that Land Title GMrantee Company conducts the closing of the insured traDsaction and is responsible for recording the Iegal documents from the Eansaction, exception nuntber 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deleti0n of Exception no. 4 of Schedule B, Section 2 of the Comrnitrnent from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitnent must be a single family residence which includes a condoninium or townhouse unit. B) No labor or matedals have been furnished by nreclnnics or material-men for purposes of constnrction on the land described in Schedule A of this Comrnitment within the past 6 months. C) The Company must receive an appropriafe affidavit indernnifying the Company against un-filed mechanic's and material-men's lieru. D) The Colnpany nust receive payment of the appropriate premium. E) If there has been constmcdon, irnprovemenls or major repairs undertaken on the property to be purchased within six nonths prior to the Date of the Commitment, the requirements to obtain coverage fbr unrecorded liens will include: disclosure of certain constructiol infonnation; financial infonnation as to the seller, the builder and or the contractor; payment of the appropriate prernium fully executed Indemnity Agreements satisfactory to the company, and, any additioml requirements as may be necessary after an examination of the aforesaid infonnation by the Company. No coverage will be given under any circuustances for labor or rnaterial for which the insurecl has contracted for or agreed to pay. Note: Pursuant to CRS 10-ll-123, notice is hereby given: Tlds notice applies to owner's policy comuritnents containing a ruineral severancc imtrunrent exception, or excepdous, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a thircl party holds soure or all interest in oil, gas, other minerals, or geothennal energy in the property; and B) That such mineral estate rray include the right to enter and use the property without the surface owner's pennission. Nodring herein contained will be deemed to obligate the courpany ro provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/0? oo :. a I JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1,2001 We recognize. and r-espect.the privacy expectatious of roday's consuners and the requiren)ents of applicable fetleral and sla-Ie prlvacy-.laws. We hellev€ that maklng you aware o[how we use your ntur-puhlic personal inltomration ( "Personallntonnarlon'), and to whonl-it is disckrsed, will fonn rhe basis for a rblarioushib of truisr between us and the public that we serve. This Privacy Statement provides rhat_ explanariorr. We reserve rhd right to change rhis Privacy' Sratenrenr fronr riure ro tirric consisrent'with appticable'privacy laws. In the course of our business, lve may collect Personal Information about you from the following sources: * lrorrr applicarions or othe.r fonns wc reccive fronr you or your authorized representative;?' l-ronr your trarsacti()ns with, or frorl: the services being perfomred by. us, our affiliates, or others;* From 6ur internct web siresl+ Fro.q the puhlic recordj_ rnaintained. by goverruuenral entiries rhat we either obtain clirectly from thoseenirnes, or trotu our ath lrates or others: and+ From consuner or orher reportitrg agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Inflormation We ntaintain physical, elecronic and proce<.lural safeguanis to protect your Personal lnfomration fronr unauthorized access or lfltmslon. we llmlt access to the Pcrsonal Information only to those employees who fleed such access inconnection with providing products or services to you or tbr other tigitimatC busineis purposes. Our Policies and Practices Regarding the Sharing of your personal Information W-e -nay.9,!a1e your Pcrsonal Information with our affiliates, such as insurance companies, agents, ancl other real estate sertlenlenr service providers. we also rnay disclose your persornl lntbmratiori: j to a.g.eqts, brokers or represenatives to provicle you wirh services you have requested;* to thlrd-party contractois or service provirlers who provide servicris or perfomi markering or orherfunctioni on our behall and* to others with whonr we enter into joint marketing agreements for products or services that we believe youmay find of interest. In addition. we will disclose your Personal Inlbnnarion when you direct or.qive us permission, wbelr we are reouiredDy^law to do so, or when I',e suspecr fiaudulent or crim inal acfivities. We also uav disclose vour Personaltntonnatlon wlrcn otherwise pemritted by applicable privacy laws such as. for exainple, wheir disclosure is neededto enf.rce our rights arisiug out rfany agre'e'menr, trinsaciiori oi riiiudiijtrii wi* ii<ru. ,Ol-: -,]l rL9 important responsibilities of some of our affiliated.compauies is to record documents in the public Oomallr. sucn documents may contain your personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford yorr tllc right to access your Persorul Intbmratiol and, uruler certain circumstances, to find outto wnom your Personal Intormatton has beerl disclosed. Also, certain srates afford vou the rishr to reouesr llllT^tt^o,]:,ll9nStent or delction of your Personal tufbrmation. We reserve the rilhr, wher6 permirt6d by law, tocnarge a reasorHbte tee to covef the costs incurred in responding to such requests. - #l,ltq^"-g:,1 .w.U, tttittcd nr the Ficle lity, Na-tioual .Financ.ial Group of Companies/Chicago Tirle Insurauce Conrpanysna be ln wntlng, and delivered ro the followins address: iriuacv co-ntiance Officer Fidelitv National Firnncial. Inc. 4050 Calle Real, Suite 220 Santa Barbara. CA 931 10 Multiple Products or Services l!::.P^*y;{.^ll$-Yr]lr por€ than one fir.rancial product or service. you nray receive nrore [han one privacy noticerronl us. we apologrze lor any Inconveluence this nlay cause you. FoTm PR I V. POL. CH I I0t4nm Design Review Board ACTION FORM Department of Community Development 75 South frontage Road, Vail, Oolorado 81657 tel: 970,479.2139 fax: 97A.479.2452 web: www.ci.vail.co.us Project Name: Slifer Building Remodel DRB Number: DRB040037 Proiect Description: REMODEL FRONT PORTION OF THE SLIFER BUILDING, REQUIRED A SITE COVERAGE VARIANCE, PROPOSAL WENTTO DRBTWICE AND ATTHE SECOND MEFNNG STAFFWAS DIRECT TO STAFF APPROVE THE APPUCATION ONCE PEC HAD APPROVED THE MINOR EXTERIOR ALTEMNON. Participants: OWNER SUFER BUILDING LLC 02/09/2004 Phone: 230 BRIDGE ST VAIL co 81657 License: APPUCANT SLIFER BUILDING LLC 02/09/2004 phone: 230 BRIDGE ST VAIL co 81657 . License: Project Addrcss: 230 BRIDGE ST VAIL Location: 230 BRIDGE STREET, VAIL, CO Legal D$criptioni Lott B Block: 5 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 210108229002 Comments: SeeConditions BOARD/STAFF ACTION Motion By: Action: gfAFFApR Second BylVote: DateofApprova[ A4fl312004 Conditions: Cond:8 (PLAN): No changes to these plans may be made without the written @nsent 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. C.ond: 201 DRB approval shall not become valid for 20 days following the date of approval. @nd:202 Approval of this project shall lapse and become void one (1) year following the date or nn"r aptval, unless a buirding permit is irru"o unot truction is commencedand is diligently pursued toward completion. Cond; CON0006368 Tiis approval does not include. any of the awning or window signage conceptually shown on the plans approved Uy OnS and pEC. Wanen Campbell DRB Fee Paid: $3O0.OO Planning and Environmental Commission ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2457 web: www.ci.vail.co.us Project Name: SLIFER BUILDING VARIANCE Project Description: PEC Number: PEC04000B REMODEL FRONT PORTION OF THE SLIFER BUILDING. WILL REQUIRE A SITE COVERAGE VARIANCE. Participants: OWNER SLIFER BUILDING LLC 02109/2004 phone: 230 BRIDGE ST VAIL co 81657 License: APPUCANT SUFER BUILDING tLC 02/09/2004 phone: 230 BRIDGE ST VAiL co 815s7 License: Project Address: 230 BRIDGE ST VAIL Location: 230 BRIDGE STREET, VAIL, CO Legal Descriptiont Lot: B Block 5 Subdivision: VAIL VILLAGE FIUNG I Parcel Number: 210108229002 Comments: See Conditions BOARD/STAFF ACTION Motion By: George Lamb Second By: Rollie Kjesbo Vote: 5-1 (Cahill Oppposed) 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). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of a pprova l. Cond: CON0006378 That the applicant reduces the size of the proposed awning to extend no more than four feet from the face of the building. Planner: Warren Campbell pEC Fee paid: $500.00 Action: APPROVED Date of Approval: 03/08/2004 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 TOllIN Project Name: SLIFER BLDG. ALTEMTION Project Description: PEC Number: PEC040013 REMODEL FRONT PORTTON (WEST ELEVAION) OF THE SUFER BUTLDTNG. Pafticipants: APPUCANT SLIFER BUILDING LLC 03/10/2004 phone: 230 BRIDGE ST VAIL co 815s7 License: OWNER SUFER BUILDING LLC 03/10/2004 phone: 230 BRIDGE ST VAIL co 81657 License: Project Address: 230 BRIDGE ST VAIL Location: 230 BRIDGE STREET, VAIL, CO Legal Description: Lot: B Block: 5 Subdivision: VAIL VILLAGE RUNG 1 Parcel Number: 210108229002 Comments: SeeConditions BOARD/STAFF ACTION Motion By: Second By: vote: CondiUons: Chas Berhardt George Lamb 7-0 Action: APPROVED Date of Approvalz AilL212004 Cond: B (PllN): 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: 300 PEC approval shall not be not become valid for 20 days following the date of approval. 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U) o LU U>oo-oe.o- Zo F IIJil I I I II lll l.-rd oq,o-.= -lE9-)s;o ^TtIOr.L u o^ TU6.d =9co -O c) E :|^xx ---\Jtt\o_> \r.,ac ;'NooZ-a )oo- )o ; o)z gl i-.ololc' siol tnl -l ErXIuJI ,.ilYIu-| ctl coi O1 I?1 | -o rrc<'t c .r6 ,nlX'xts,|.riI; ^ | Ll-\-.t-d l.= I '= Eq) o )o -'t .: Xt.L S /\ o -YI cO Proiect Name: Slffer BuiHing Remodel Project Description: ACTION FORM Department of C.ommunity Development 75 South Frontage Road, Vail, Colorado B1657 tel 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co,us DRB Number; DR8040037 REMODEL FRONT PORTION OF THE SLIFER BUILDING. REQUIRED A SITE COVEMGE VARIANCE. PROPOSAL WENT TO DRB TWICE AND AT THE SECOND MEFNNG STAFF WAS DIRECT TO STAFF APPROVE THE APPLICATION ONCE PEC HAD APPROVED THE MINOR EffERIOR ALTEMTION, Pafticipants: OWNER SLIFER BUILDING LLC 02/09/2004 phone: 230 BRIDGE ST VA]L co 816s7 License: APPLICANT SLIFER BUILDING LLC 02/09/2004 phone: 230 BRIDGE ST VAIL co 81657 License: ProjectAddressl 230 BRIDGE STVAIL Location: 230 BRIDGE STREET, VAIL, CO Legal Description: Lot: B Block 5 Subdivision: VAIL VILLAGE FIUNG 1 Parcel Number: 210108229002 Comments: See Conditions Motion By: Second By: Votel CondiUons: BOARD/STAFF ACTION Action: STAFFAPR Date of Approval: 041 1312004 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: 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 and is diligently pursued toward completion. Cond: CON0006368 This approval does not include any of the awning or window signage conceptually shown on the plans approved by DRB and PEC. Warren Campbell DRB Fee Paid: $3OO.OO o construction is commenced o 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 Generat 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 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:Remodel the west elevation of a portion of the IiEiFiVED '-"Ug l*t4 T0r44V LocationoftheProposali Lot: B Block: 5-C Subdivision:vail Villase lst Filine PhysicalAddress: 230 Bridge Srreet Vall, Co 81657 parcel No.: 2L0LO8229002 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) zoningi CCI Name(s) of Owner(s):S1lfer Building, LLC 230 Bridge Street Vail, CO 81657 Phone: 476-242I Name of Applicant:Rodney E. Slifer. Member Mailing Address:230 Bridge Street Vai1, C0 81657 Mailing Address: Owner(s) S-gnature(s): Phone: 476-2421 E-mail Address: rsliferGslifer.net Faxi 476-2658 Type of Review and Fee! tr Signs E Conceptual Review tr New Construction I Addition tr Minor Alteration ( m ultFfam ily/com mercial) tr Minor Alteration (single-family/duplex) tr Changes to Approved Plans tr Separation Request $50 Plus $1.00 per square foot of total sign area. No Fee $650 For construction of a new building or demolrebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, reroofing, painting, window addiuons, landscaping, fences and retaining walls, etc. $20 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 Fl'ffff""SqP"'t' che6x p6.;/i 28 ,r, tI GLEN RAVEN MILLS, INC. Sun6re[k@ Style 4633 Linen