HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5 LOT C D E CLOCK TOWER BUILDING AKA MCBRIDE GORSUCH 1969 - 1987 PEC LEGAL/n//ul'f'z
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2.A reouest for an exter alteration in Commerc alC l't
or a co ona I u
est ant nt eC ock Tower
Kristan Pritz presented the proposal . She showed site and floor plans and
explained the criteria for an exterior alteration within Conmercial Core I,
compliance wjth the Urban Design Guide P1an, and compliance with the Urban
Design Cons'iderations for VaiI Viiirge- Sub-Area Concept #17, street access
opened, specifically ca1 ls out that the Fu6 lic sprce between the edge of the
Clock Tower patio and the Gasthof Gramsharmer Building be opened up which will
al]ow for better pedestri an use and maintenance of this area. The applicant is
proposing to pu'l I back the deck stair by l foot and to expand the deck area
north and south of the hair by about 1'2.5' into Bri dge Street. A new stone
wal1 would be built aiong the front of the patio area. Staff agreed that the
upgrade of the wall was very positive, but felt that the new wall should extend
only as far as the existing wall, and that the stairway could be pulled back
about 3 feet to decrease the encroachment onto public right-of-way as much as
poss i bl e.
The staff felt that Bridge Street is extremely narrow at the point of the
proposed deck expansion. The Fire and Public Works departments oppose the
proposal because of the width of the road.
Kristan a1 so expiained the criterja for a conditional use within Commercial
Core I. The staff recommended denial of the patio wal 1 and approval of the
entry way additjon.
Dave Gorsuch, the owner of the Clock Tower Bui1ding, stated that it was the
intention to improve the appearance and function for the Fire Departnent and
for the Public Works Department. He stated that the stone work was decaying
and needed repa'i r, and that the jogs in the wall were being removed.
Duane Piper asked if the wall location was a function of the dining patio, and
Kurt Segerberg, the architect, stated that a dining layout had not been done,
but that'it was the intention merely to straighten the wall as a design
consi derati on.
Roger Riggert, owner of the Clock Tower Restaurant, stated that the jdea was
not to jncrease seating capacjty, but to eljmjnate corners where trash
collected. The bay window would also not increase seating. He stated that the
improvements would make the restaurant more workable. If the wall js pulled
back, he wouid probably lose one table. He stated that if it became a
requirement to pull the wall back, he would leave the wall as it was and merely
do the patio.
the entire I
conditions 3.4 an
e added stinu
cannot be foun arti ci pate
age compactor
add an entr
Bui I d'ins. Appl i can
PEC 1/26/87 -3-
Dick Duran, Vail Fjre Chief, stated that he must look at operating wjdth in the
core, and on Bridge Street access is very minimal . He added that to the north
of the Clock Tower, the road width is workable. He pointed out that on Bridge
Street one is also dealing with many pedestrians. Duran stated that much
street space has been lost'i n the core by a1 lowing people to build to th,e jot
line and to have decks on TOV property.
Kristan Pritz emphasized that the staff was not asking to decrease. t;he patio.
but to pu11 only the hajr and maintain the existing line of the pa:tio witt ai
opposed to increasing the encroachment..
Roger Riggent replied that if he could take out the tree, he could put a tablejn its place. He felt he was taking street space for a patie that was
otherwise worthless.
Bill Andrews, Town Engineer, said that Bridge Street waq at present a funnel ,and that with the inevitable increase in skiers, more space would be needed.
He suggested perhaps sacrificing the tree.
Dave Gorsuch explained the trash removal situation, stating that jn the new'l eases wjth the restaurant and the beauty salon, the lessees were reguired toparticipate in the trash compactor. He descrjbed trash jn front of fire exjtsat present, and barrels of trash behind the bui'l ding from the restaurant.
Peggv osterfoss felt uncomfortable that the Fire Department was not in favor ofthe deck encroachment.
Riley stated, that in all due respect to Dick Duran, jf that space is
congested, the Fire Department can still get through. peggy replied that if,in fact, that were the case, she would have to be in favor-of the jmprovemeni.
Bryan Hobbs said that he was in favor. Jjm viele felt that the project wouldbe an overall improvement with a curve jnstead of jogs. Diana Donovan had
mixed feelings. She had reservations about the wal I with regard topedestrians. sid Schultz's concern was the same as Diana's. He did not liketo see any amount of Bridge Stneet space taken out. Sid asked about the amountof money the Town charged for lease of space for an outdoor deck. Kristanreplied that it was $2.00 per square foot, and that the lease amount and
agreement was up to the council. Diana added that the amount was a farce.
Sjd stated that the PEC had approved several deck encroachments. He felt thatat $2.00/square foot, the Town would not likely have any streets 1eft.
Dave Gorsuch stated that they put heat under their patjo, and the Town gets thebenefit. He went on to say that it was their intent to make the Town a-goodplace to l ive and to do busjness in.
Pam Hopkins felt that it was a natural process to narrow the pedestrian path
because by the time the pedestrians get to the covered Brjdge, the access isextremely narrow. she felt that outdoor decks were very important in Town.
Duane Piper agreed with Pam and was in favor of the impiovement to the deck.
PEC r/26/87 _4_
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peter Patten said that he would like to amend the reconmendation. He read fron
the Servjce and De1 ivery portion of the Urban Design Considerations and felt
that a third condition ihould be added to ensure that C'l ock Tower tenants
part.i cipate in the trash compactor. Piper disagreed that the PEC could dictate
int'at reLnoA of trash disposai an individua'l could use. Dave Gorsuch said that
tr" n"a stipulated the use of the trash compactor jn the new leases of the
4.
restaurant and beauty sa1 on, and that it made sense to him to clean up his
property. Jim Vie'l e moved to a ve the exterior alteratiol1 with conditions
2a tion.vote was 7-0 in favor. Viele
an
ti ons vote was 7-
E
Betsy Rosolack presented the request and stated that the applicant wanted to
"nii"ot" approximately 18 square feet by moving exterior wal.ls on the south side
oi tte Uuiiaing in oider to enlarge shop space. She showed floor plans and
elevations. John Perkins, architect for the proiect, answered questions.
Jim Viele moved and Bryan Hobbs seconded to approve the request. The vote was
7-0 in favor.
Peter Patten made the presentation. He exp'l ained that the potential uses for
the building were not known, and so it was djfficult to know if there was
enougtr parking, etc. Therefore, the PEC were simply to consider the variances
itia "ot'the siecific site plan. The varjances were being requested to allow
for the construction of a one story building on the site' In addjtion, the
tiui"n-"i-"ny aevetopment proposed in the Aiterial Business District requires
compljance wittr ttr" hgO ciicuiation plan. While the developer had agreed to
iorbty with the circulation p1an, there were no specific.solutjons proposed at
this time. patten expressed coniern about how much of the highway right-of-way
"ouia U! taken for highway inprovements. The Highway Departnent indicated that
the 5 foot rear setbaik vlrjance would not be a problem, but wanted assurances
iftit t construction fence would be erected defining the limits of construction
during construction.
patten then showed circulation and access pians for the area. He stated that
in ttre ABD distrjct, it was planned to consolidate the crosswalks and
intersections and to have deceleration lanes. He stated that the Highway
O.pitit.tt tris ctrangea their requirements and may also requjre acceleration
lanes as well. Peter stated that the parking spaces on the west end of the
property were not acceptable as parking spaces-
A request for an exterior.alterqtign in Comme!"ciiJ CPfe II it'! 9rd9r to
g lhe Lionshead Lazier
Arcaile Building. Applicant: Lazjer Cornmercial Propert
front
Partnersh
r to constr ter propernown as the
cant:
PEC r/26/87 -5-
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Jay Peterson, representing the applicant, pointed out that the site was adifficult one to build on. He then spoke about the conditions listed at the
end of the memo saying in reference to #l that he djd not have clout, but thatthe access is part of the zoning, and if they cannot get access there, theywill have to come back to amend the circulation p]an. llith respect to #2,they could not go to DRB without Highway Department approva'l . As for #3, hefelt that other property owners must also go al ong with the improvements. Theydon't mjnd funding their part, but not the whole project. As the last buildingin, they should not be required to participate unless everyone elseparti ci pates.
Patten replied that the staff could not get specific because they did haveexact information. He suggested that they put jn the left turn lane, as thevajl Professjona'l Euilding constructed a right turn lane. He stated that he
was talking about the intersection only. Jay said alright. He asked if the
fence in #5 meant on the north side on1y, and was told jt did. As for #6, Jay
stated that they would submit a 4 foot high berm to DRB, but they might not
approve it. He stated that #7 was ok.
Peter stated that he would feel more comfortable including all conditions ofthe approval . He felt that timing and a process cou'l d be worked out that all
could agree upon. Jay answered that if he could not get joint use, he would
have to come back again. Peter stated that the landscape plan may depend uponapproval of the p1an, and it depends upon the adjacent property. Jay asked ifthe Vail Professiona'l Building had been required to promise the right turn lane
when building. Patten replied that the vPB had been required to put in theright turn lane and that the Vai'l Professional Building knew al1 along of thejoint access. Patten added that this was a technicality that was important.
Jay repeated that before he could go to DRB he would have a general agreementof access. Peter replied that the Town could grant a joint access, but the
landscaping on the Vail Professiona'l Building's property depended upon the Vail
Professional Building's owners to agree to the landscap.ing.
Jay referred again to #Z and asked if "entire intersection" was what the staff
rea'l 1y meant, when the Glen Lyon office building has not yet constructed thejr
access plan. Peter replied that the proposed intersection had been approved bythe Highway Department in ]983 for the Glen Lyon Office Building and in l9B4for the VaiI Professional Building. He suggested chang.i ng ,,entire
intersection" to "as it relates to this project.,,
Jay then stated that #3 was 0K, that #5 was to be only on the north side-
Peggy Osterfoss felt that the quality of the'l andscaping was very important atthe access. Diana asked if it would be possible to landscape the back (north)
side of the lot and was told there was not enough room for landscaping. JimMorter, architect, stated that if it was possjb] e, they would landscape thenorth side. Betsy Rosolack asked if the building would be designed to add a
second story, and was told it was not. Diana felt that the plan did not show
enough parking for g4y use. Jay replied that there was plenty of space for the
uses intended, and that these would be short term, not for an offjce building.
Morter stated that there would be 4 or 5 tenants, 1ike1y a restaurant,
convenience store, Iiquor store, and others.
PEC L/26187 -6-
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(313) 47€ -;.'t 90
jenuary ?8, 1987
iir- Rcger^ Riggert
C'l ock Tor.sr Re staur ant
232 Bridge Sireet
Veil, Colorado 8.l657
Re:Clock Tcr';er Exterior Alteration
Dear Roger:
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26, -l9l-q7 , the P1ar'!1i l'19 Ccir, ni ss i cn ; ]-rp rcved ycur ex''"erior-a'l teraiion
The'rt.'xt it,:p r'rill be io 9o to
"-he
D;sigri Re'ien l'''ard' I l-':'ve
sche,iul e of ::Lr'ir,rittal detes for tilis fcvie'r' pt'cc€ss'
In acicii-e ion, as ccr:diticrrs of 'uhe PEC approval , .a-ret'ocab1,e righ'u-of-way
agre ere rit and a I uora
-*E..nnre nt nit:st be' arrangid f or the rjeck are a' 0rlce ihe
Jick is .on5if ir6tr:d, it iti lI be necessary 'co sitb' it 3-;1 i'r.p1'c'icir'r3l1t sllrvey so
that ihe re,rocable ,"igiit-o;-,;:ay;.nd leas-e;grclriieni.s riiy be tjircuir:ri"d' These
tiro issues must be adlressed before a terr,poiary cer"t.iiicate of occt'p;ncy could
be released for t'he exi.erior alteration'
lf ycu hai,e any qurstiorts ab'--,ut these corrciit'ions or De sigrr ieviei'l 'Board' please
f e ei f r,:e to cal I ;.,e at 476-7000, ext I I I '
SincerelY,
'' i '' ', l.
i'.ri st ,-.n Pri-uz
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TO:
FROM:
DATE:
SUBJECT:
I. THE
Planning and Envjronmental Commission
Community Development Department
January 26, 1987
The applicant is requesting to enclose an area on the west side of theclock rower Bui'l ding in order to create an entry vestibule and stairway
up to the second floor. He is also request.i ng to add a new bay wjndowfor the clock Tower Restaurant. Improvements and a slight expansion are
a1 so proposed for the exteri or dining deck (see accompanying memo).
The square footage for the request can be broken down into the fol'l owing
areas:
Clock Tower Restaurant bay window = 28 sq ft
Clock Tower entry expansion = 32 sq ftFirst floor common vestibule
and stai rway =120 sq ft
Second floor common balcony = 65 sq ft
A request for an
to add an entry
Tower Building.
Appl i cant: Cl ock
PROPOSAL
Total for addition.
Dining deck addition
245 sq ft
60 sq ft
II
Parki ng:
The only portion of the addition that wil1 require parking is the
28 square feet for the bay window. The parking requirement is .23parking spaces. The other common areas which nake up the addition
do not create a parking demand.
CoMPLIANCE IIITH THE PURPoSE SECTIoN 0F THE CCI DISTRiCT
The Commercial Core I district is intended to provide sites and to
maintain the unique character of the Vail Vjllage commercial area, withits mixture of lodges and commercial establishments in a predominantly
pedestrian environment. The Commercial Core I distrjct is intended to
ensure adequate 1ight, air, open space, and other amenjties appropriateto the permitted types of bui'i dings anC uses. The district regulationsin accordance with the Vail Vi'l lage 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 pedestrianri,ays and public
greenways, and to ensure contjnuation of the building scale andarchitectural qualities that distinguish the vi11age.
^q,
exterior alteration in Commercial Core I in order
and exterior dining deck expansion to the Clock
Tower, Roger Riggert
This proposal is in compliance with the intent of the zoning for the ccl
di str i ct.
III.
The following sub-area concept of the Urban Design Guide Plan relates tothe area around the Clock Tower building (please see the enclosed Urban
Design Guide Plan):
17. Street access opened.
The Guide P] an specifica'l ly ca] ls out that the nublic space between the
edge of the Clock Tower patio and the Gasthof Grammshammer Building ce
opened up which will a'l 'l ow for better pedestrian use and maintenance ofthi s area.
The applicant is requesting to pull back the deck stair by l foot and tocurve a new stone wall along the front of the patio area. staff agreesthat this portion of the proposal is very positive, as the deck,sgreatest encroachment is being decreased at the narrowest point onBridge street. However, we believe that the new wall shouid only extendout as far as the existing wal 1. The stair onto the deck could bepulled back approximately 3 feet so that the existing stair encroachmentonto public right-of-way.i s decreased as much as posi.ible.
The staff suggestion will result in opening the street access withoutdecreasing the actual patio space, as the new wall would be rebuilt inthe same location as the ex'isting wal 1. The only''difference js that the
new wall will be curved and will not have a'l I the jogs along the edge ofthe street. Staff also believes that it is very impontant that both
aspen trees be preserved jn the new des.ign for the wall.
IV. COMPLIANCE WITH THE URBAN DESIGN CONSIDERATIONS FOR VAIL VILLAGE
A.
The purpose of the comparison between
Considerations is to show how the new
from the overall intent of the Design
Pedestri ani zat ion
the proposal and the
design strengthens or detracts
Cons i derati ons .
A ma.ior ob e for Va Villa e is to encoura edestr i anclrcuterconneted network o sate. pl easantestri an Man t rovements re zed in the Urban
Des i qn eP erati ons are torei nforce throuqhout thevr Ilage.
Applicant's Response:
Bridge Street is a major pedestr.i an artery to thethe park'i ng structure. The deck changes proposeothe Clock Tower Restaurant improve the quality of
Vajl Village core from
for the west side of
the pedestrianway with
-2-
heated paving at the entry and wide, more inviting steps. The stone
base and iron railings of the deck are places for planters in the
surmer. The trees at the entny steps will remajn.
Staff Response:
Staff agrees that the improvements to the deck area wjll greatly enhance
the visual appearance of the stone wall. Morever, staff feels that the
pedestn'i anway will be furthen improved if the new wall does not extend
out any further than the ex'i sting wall and the steps are actual 1y pu1 'l ed
back 3 feet from the existing encroachment. The quality of the
pedestri an walkway will be greatly enhanced by the re-alignment of thewall and by decreasing the existing encroachment.
B. Vehicular Penetration
extent ible all non-resident traffic should be
structures.
Applicant's Response:
The proposal for the Clock Tower deck will improve vehicular access,
especial 1y for snow removal in that the curved stone wall elimjnates the
current irregularities for the p'l ows to negotiate. The heated steps and
entry way will reduce the problem of snow shoveling into the street.
The new deck configuration a1 so provides for greater protection of the
trees at the entry steps.
Staff Response:
The new curved stone wall will improve the snow plowing situation for
the Public Works department, as there will no longer be jogs in and outof the wal'l . However, this is an extremely tight area for snow p'lows as
well as emergency vehicles. For this reason, the Public Works and Fire
Depantments are opposing the proposal .
Presently, the dimension between the existing stair and the Gramshammer
property line is 19.5 to 20 feet. The applicant is proposing to pu1l
back the stair I foot, but will also extend the wall further onto the
Town of Vail propenty by an additional 2-1/2 feet at the greatest point
of encroachment. Granted, we are talking about a few feet in either
direction, but it is important to note that the Fire Department requires
20 feet in width to provide for emergency fire access. In this
particular location in the Village, every foot is valuable. For this
reason, staff believes that the wall must not extend any further than
the existing wall and that the stairs should be pulled back
approximately 3 feet jn order to open up this particular spot for
emergency vehjcle access.
To
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nKaqe a l0n
commercial sto
C. Streetscape Framework
To rove the ualit f the walkin err ence and qive continui
es tr an wavs.ace an are r0soft co utes : ol azas
reen s ces as ese routes are
en cou ra s tree tvisual i nterest.
Appi icant's Response:
The deck for the C'l ock Tower Restaurant maintains the use of trees and
p1 anters along the pedestrian route. The stone base for the deck is in
keeping with the Village core pl anters a1 ong Bridge Street. The deck
capacity will increase for summer time dining which will give morestreet life and visua'l activity.
Staff Response:
The staff agrees that the improvements to the patio wal I and entry
addjtion w'i 1l provide a nicer streetscape framework as long as the patio
wall does not encroach any funther than the existing wal l. The staff
also feels that the new bay window wil1 provide visual interest along
the facade of the building.
D. Street Enclosure
l.lhile buildin faca hts shou from bui I di nq to
sure for the street.
Applicant's Response:
The Clock Tower entry vestibule enclosure shall not exceed existing
building roofs, eaves and ridge heights. The building deck provides anactivity area in front of the building off the main pedestrian
circulation path. Vertical pedestrian circulation wiII now be enc'l osedto alleviate the problems of ice on stairs to the second level of the
bui I di ng.
Staff Response:
Staff agrees with lhe applicant's statements and feels that the entry
enclosure will be a great improvement to the exjsting outdoor stairway
and entry area.
E. Street Edse
Buildinqs in the Vil'l age core shou'l d form a strong but irregular edge to
the street.
Applicant's Response:
The street edge on Bri dge Street shal1 be maintained with the use of a
low stone wall with box p1 anters and metal rail. The building form
rovi de a c
-4-
G.
changes with the vestibule enclosure and a large bay window into therestaurant. Building transparency is the goal here to add sparkle of'indoor lights at night and activjty visible to the street. Thjs
transparency also provides the undulation of building form desirable to
Bridge Street.
Staff Response:
The proposal is actually decreasing some of the irregularity along thestreet edge which, in this situation, staff believes is an improvement.staff believes that the proposal will positively define the street edgein a much better way than the existing pat.i o wa'l l.
Buildjns Height
Not appl icable.
Views and Focal Points
ect on views from pedestrian ar
H.
riorit shoul d be iven to an anal 1S O act of the
nated or not.
Staff Response:
No impact.
Service and Del ivery
buiIdi nst on shoul d reserve the functions of existin servi ce
new a r ed construction. de avo t 0s
r] an wavs sno u
erever practi ca ate or future
Staff Response:
Staff bel ieves that this exterior alteration could sl ightly increase thetrash demand with additional seating on the outdoor deck for therestaurant. We believe that the best trash solution for the Clock Tower
Restaurant is panticipation in the trash compactor project locateddirectly behind the restaurant. Dave Gorsuch, owner of the building,
has informed the staff that Roger Riggert, owner of the Clock Tower
Restaurant, and Margarethe Christy of the Beauty Salon will beparticipating in the trash compacton through thejr lease agreement.
This participation would be in compliance wjth the serv'i ce and delivery
section of the Urban Design Guide Plan as it would reduce vehicle tri ps
into the core for trash removal .
-5-
V.
I.Sun/Shade
Ail bui l d'i nqs t substantiall increase the
on
t-o
Staff response:
This addition will not increase the shade pattern, as it does not extend
above the existing building or further out than the existing facade.
STAFF RECOMMENDATION
The staff finds that the project is a positive improvement on theVillage except for the proposed aljgnment of the dining deck. t,Je wouldprefer to see the patio wall not encroach any further than the existingwall and see the stairway pu1 1ed back approximately 3 feet to open upthe pedestrian area and to provide better emergency vehicle access.
The staff is concerned that the re-alignment of the deck does not go far
enough to decrease the encroachment onto the public right-of-way. The
Urban Design Guide Plan also specifica'l 'ly ca1 ls out that thjs area be
opened up as much as possible. The staff believes that to approve the
new patio wall as it is presently proposed would be in conflict with the
Urban Design Guide Plan concept #17 which relates to opening up thepedestrian way. Secondly, except in one area, the a1 ignment of the deckfurther restricts emergency vehicle access. Staff believes that these
are two important concerns whjch make jt djfficu1 t to support the newpatio, even though aesthetically we feel that it is a very fine
improvement. For these reasons, we must recommend denial of the patio
wall and approval for the entry way addition. If the PEC chooses to
approve the new patio wa1 l, staff wou'l d ask that the following
condjtions be part of the approva'l :
l. A revocable right-of-way permit for the patio wall encroachment onpublic right-of-way will be filled out by the applicant and
submitted to the Community Development Department before a
building permit will be released-
2. A lease agreement will be arranged between the Town and Clock
Tower Restaurant for the use of public land for private dining
space. The appljcant is responsible for completing the 'lease
agreenent before a bu'i 'l di ng permi t wi I I be re1 eased.
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TO:
FROM:
DATE:
SUBJECT:
Planning and Environmental Commjssion
Communi ty Devel opment Department
January 26, 1987
Request for a condit:g4-1_-g!_g_-pg_t4_t in order to expand
deck for the ffiin the Clock Tower
Appl icant: Roger Riggert
DESCRIPTION OF PROPOSED USE
The applicant is requesting tothe Clock Tower Restaurant. O
conditional,usp jn Co[mercia'l c"rc T. The ixistingm
back approximately I foot and a new wall will be built so that it extend
I.
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approximately 1 to 2 feet beyond the existing retaining wall jn most areas.
The minor deck expansion will create approximately 50 square feet ofadditional space to the south of the entry stairs-and approximately 3gsquare feet to the north of the entry stairs, €ue+o-+ire-fa+Jri-nd,qh,
expandinq into the ouldogr dining area. the net qa'i n in squaie foollge fort.
CRITERIA AND FINDINGS
upon review of section 18.24.070, conditjonal uses -within commercial coreDistnict, the following development factors shall be app'l icable:
A. Effects of vehicular traffic on Commercial Core L
The expansion of the patio will not increase vehicular traff.i c jnto
the Core. However, the new patio wall has the following impact uponstreet width:
extends
Bridse Street l'lidth
Due to New Patio l.lall
2L' Existing 2o foot width
increaserl to 21 feet
LO' Existins width ot.ft)il\
decreased to 20 fbef
South of the deck entry:
encroachment increases from I to2-l2 feet along a length ilF-
#{r--ll+eaJJ.a€t
North of the patio entry:
encroachnent increases fromI to 2 feet for a 'l enqth oft5T5Fr--
II
Entry stair
th'i s area is
onto the patio:
J5-5/+A',
ft2.
Existing 23 foot width
decreased to3l f.et
expand s'l ightly the existing patio deck foF
3.tf,
'nry#ft''encroachment. Whi I e the Com4q4_i laDevel -ojreIJ_:!qII_jS-!Otopposed to improvements tiTh-is-wilT.-weluqqEstTE btdone in autrpureu LU |rfiproverlenrs tro Ents wa||. we suggesE Enev De done ]n a
-€nry:t -
d oai li 6 t . irlcrease- erit_ An cro a c t rnliif ; n_il-e :s'f,- 6 I["y
The purpose
decfease in
its-srroues-!-
--_----i-FemgnTZed that portions of the wallis iiii6ictrment w.iil bereduced, it is felt that the additional encroachment of up to L to
2-1 /2 feet in certa'i n areas is inappropriate. The staff has
: U.P.pg$ed-e th er.. en.Encachnenls- o n T owlfig! r :o f -wiv ijii d p r o pe rlv
iuthe--past, b-ut alwa-v-s in areasitere tfierttas ueen-moEThiniuthe--nasr'"D-tt!-..a111ars- j!.-EE+-vr[er-.:E1gj@f
,F""r-e rl equ ate qtseet-.ryj dth f o r 31sffi .c I es . p e,l e d*t ilglC-.an fiTown-T-!]rii t
operat_'ions.. In addition, both the public Woiks ana fire
:rlequate c1geet--14jdth for Jgffi.
^9perelj e!i-,. . I n add i t i on, both th e p q!_1 i c* UeII.:_gdII-
s oDen u
n to this increased
ublic
c h a racter
positive that the owners are proposing
well as ma'i ntain the existing dining
to the character of the area.
upcrcrL tuns.. ln aqqlEton, ooEn f,ne puo llc worK.D"qqfr-"
"
ti h a v e i n d i c at e d t h e i r o p p oi-iE i o n -to'^En?Fffient. While the Communitv bevelooment
B.
in this area.
Reductjon of veh'i cular traffic in Cgmlqercial Core I
Not app l i cabl e.
Not appl i cabl e
Contro'l of delivery. pickup and service vehicles
Not appl i cabl e
Development of public spaces for use b_v pedestrians
Not appl icable
D.
E.
F.ntinuance of the various ommerc i al res i dent i
nta in the
e area.
Staff feels that it is veryto improve the patio wall as
deck which adds a great deal
u.
e existin racter of the area
The upgrading of the wall will have a very positive impact on thearchitectural design of the building and dining deck. The two
aspen trees that exjst jn the area of the patjo wall ai!-
sToffiiGn t e I e1ner16 . to l-sFe- !{re e$'. ilq TFFTTcTn--t, s
repl9s.e.!_t-eti ve h as s,ta_t_erl*[hat :
of this table is to show that, in general , a I foo_t
" We will make all attempts to keep the existing trees onthe site. However, if construction warrants removal and thesafe keeping of these trees, we shall take these precautionsin relocatjng the existing trees as they appear on our
proposal . "
rrr. srAFF REcoMMENoATToN DUU$L
The cornmunity Development Department staff recommends denial of therequest for the deck expansion. It is our op'inion that the deck wil'l _tt
Till:g=?!, "':?=' f"'lFpeqesErt an f,raTt'l c ,ven't c te acc
Ifn fon cnmp reason, the trees are re@very important th@ the exlsting-;spens_.
The improvements
appearance of the
consider whether
ur oDlnton
appr0xrma
provide the much n
a
to the
pati o
or not
wall are very positive as far as the aesthetic
and.new wal l. However'. the stqff, muqt alsort ]s truly necessary to expand the deck area.
T
This solution will
ng
ts.
If the request is approved by the PEC, the staff requests that thefollowing two conditions be included in the approval:
l. A revocable right-of-way agreement_will be submitted by the
applicant @nt Department before abujldjng permit is released for the proposed construction.
2. -n teg5eire@t will be arranged between the Town of Vail and
applicant for the portion of the deck on Town of Vai lright-of-way. The applicant js responsible for completing the
lease agreement before a{uj.14i+g-?Fnrit will be released for theproject. T (.O .-
TO:
FROM:
DATE:
SUBJECT:
I. THE
A request for anto add an entry
Tower Bui'l di ng.
Applicant: Clock
PROPOSAL
Planning and Environmental Commission
Community Devel opment Department
January 26, 1987
exterior alteration in Commercial Core I in order
and exterjor dining deck expansion to the Clock
Tower, Roger Riggert
wr
II.
The applicant is requesting to enclose an area on the west side of theclock rower Bui1ding in order to create an entry vestibule and stairwayup to the second floor. He is a'l so requesting to add a new bay windorfor the clock Tower Restaurant. Improvements and a s1 ight expansion arealso proposed for the exterjor din.i ng deck (see accompany.i ng memo).
The square footage for the request can be broken down into the follow.i ngareas:
@e9
Clock Tower Restaurant bay window = 28 sq ft
Clock Tower entry expansion = 32 sq ftFirst floor common vestibule
and stairway =120 sq ft
Second floor common balcony = 65 sq ft
Total for add.i ti on ,
Dining deck additjon
Parki ng:
The only portion of the addition that will requ.i re panking is the28 square feet for the bay window. The parking requirement is .23parking spaces. The other common areas whjch make up the addjtion
do not create a park.i ng demand.
COMPLIANCE WITH THE PURPOSE SECTION OF THE CCI DISTRICT
The Commercial Core I district js intended to provide sites and tomaintain the unique character of the vaiI village commercial area, withits mixture of lodges and commercial establishments in a predominantlypedestrian environment. The commercial core I distri ct is intended to
ensure adequate 1ight, air, open space, and other amen.i ties appropr.i ateto the permitted types of buildings and uses. The district regulationsin accordance with the Vail Village urban design guide plan and designconsiderations prescribe site development standards that are intended toensure the majntenance and preservation of the tjghily clustereo
arrangements of buildings fronting on pedestrianways and pub'l icgreenways, and to ensure continuatjon of the buildjng scale andarchitectural qualities that distinguish the village.
III.
Thj s proposal is in compl iance with the intent of the zoning for the ccl
di stri ct.
COMPLIANCE WITH THE URBAN DESIGN GUIDE PLAN
The following sub-area concept
the area around the Cl ock Tower
of the Urban Design Guide Plan relates to
building (p1 ease see the enclosed Urban
The Guide Plan specifically cal'l s out
edge of the C'l ock Tower patio and the
opened up which will allow for betterthis area.
that the publ i c space between the
Gasthof Grammshammer Building be
pedestrian use and maintenance of
e licant is esti n I back the deck stair bv 1 foot and
urve taff a rthatthis portion of the osal os iti v
ecreased a
Bridqe stree owever, we believe that the new wall should only extendout as far-?T the existing wall. The stair onto the deck could bepulled back approximately 3 feet so that the existing stair encroachment
onto public right-of-way is decreased as much as possible.
)'
The staff suggestion wi'l 1 result in open in the street access wi thou
d o space new wa wo
e only-difference is that the
new
the
wall wi
street.
curveo an
wat |,
fr-o-F-h'ave
that it is very important that
all the jogs a'l ong the edge of
both
between the proposal and the
the new design strengthens or detracts
Desi gn Considerations.
ut the
Vai I Vi'l l age core from
for the west side of
the pedestrianway with
IV. COMPLIANCE WITH THE URBAN DESIGN CONSIDERATIONS FOR VAIL VILLAGE
The purpose of the comparison
Considerations is to show how
from the overall intent of the
estni an i zati o
ective for I Villa e is to nc0ura ede
an and acc ons are
Applicant's Response:
Bridge Street is a major pedestrian artery to thethe parking structure. The deck changes proposed
the Clock Tower Restaurant improve the quality of
an interconnected network of saferi an wavs. Man rovements recoqnized in the
nforce and expand the ou sEr't an wa
-2-
heated paving at the entry and wide, more inviting steps. The stone
base and iron railings of the deck are places for planters in the
sumner. The trees at the entry steps wil'l remain.
Staff Respo nte: fuiy a-&/a-u t
Staff agrees that the'improvements to the deck area will greatly enhancethe visyal apoeafAnse qf the stone wall. Morever, staff feels that the
pedest,rianway will be further improved if the new wall does not extendout any further than the existing wall and the steps are actually pu1'l ed
-brrit
back 3 feet from the existing encroachment.
wall and by decreasinq the exjstinq encroachmg4t.
To the naxi extent al'l non-resident traffic shou
rout
stru
Applicant's Response:
The proposal for the Clock Tower deck wil1 improve vehjcular access,
especial 1y for snow removal jn that the curved stone wall elimjnates the
current irregularities for the plows to negotiate. The heated steps andentry way will reduce the problem of snow shoveling into the street.
The new deck configuration also provides for greater protection of the
trees at the entry steps.
Staff Response:
oppos I n osal
Presently, the dir19 the existjng stair and the Gramshammer
proposing to pull
further onto the
the greatest point
property line i The appl i cant i s
Town of Vail property by an additional 2-1 /2 feet at
e Frontaqe ai l Li onshea
.The !e!v-gur.yed stole walI wiII imorove the snow plowinq situation for
the Public Norks department. as there will no lonqer be.ioqs in and outoffiisanextr s
wel l as emergency vehicles. fr'" tttt. ""ason^ tn
of encroachment. Gr
rti tion in
reason, sta elieves that the wall
few feet in either
f ire access In thise. For this
than
the existing walI and that the
approximately 3 feet in order
emergency veh icl e access.
extend any further
be pulled back
particular spot for
stai rs
to open
must not
shoul d
up this
-3-
e
To
th-
SO
rgve the qua'l ity of the walkin EX err ence and qive cont i nu i
an scap l n re to be useo...astriautes :azas a
s are
encour
sual inte
Applicant's Response:
The deck for the clock rower Restaurant ma'i ntains the use of trees andplanters a1 ong the pedestrian route. The stone base for the deck is in
keeping with the Village core planters along Bridge Street. The deckcapacity will increase for summer time dining which wi'l 1 g.ive morestreet life and visual activity.
Staff Response:
/ddr The staff
addi ti on
agrees that
wi'l 1 provi de
n
the improvements to the patio wall and entrya nicer streetscape framework re long:s the patio
. The staffalso feels that the new bay wi@U_Urll_pfSllt-de visual interest alongthe facaoe of the brjlg]lg.
--
/.---_---._--.-.D. \Street Encloffi-\----s_-:
l'Jhile bui I di facade hei ts u'l d no from buildinq to
bui ng. tne ou eet.
Applicant's Response:
The c'l ock rower entry vestibule enclosure shall not exceed existingbuilding roofs, eaves and ridge heights. The building deck provides anactivity area in front of the bui'lding off the main pidestrian
circu'l ation path. vertical pedestrian circulation will now be enclosedto alleviate the problems of ice on stairs to the second level of the
bui 1 di ng.
Staff Response: 4fr<&
Staff agrees with the applicant's statemenrs that the
enc'l osure will be a great improvement to t
Xnd o[try :v.aa.
Pyildings,in the vi'l 'l age core should form a strong but irregular edge tothe street.
Applicant's Response:
The street edge on Bridge street shall be maintained with the use of alow stone wall with box planters and metal rajl. The bu.i lding form
-4-
changes with the vestibule enclosure and a large bay window into therestaurant. Bui'l ding transparency is the goal here to add sparkle ofindoor l ights at night and activity visible to the street. Thistransparency also provides the undulation of building form desirable toBridge Street.
Staff Response:
eStfeet edqg WhiCh- in fhig sif rretinrt c+aff he I iarraq ic en imnnnr/amanr
lstaff believes that the proposal wil1 positive'ly define the street edgefin a much better way than the exjsting patio wa'l 1.
Staff Response:
No impact.
ansion should reserve th ctions of existin serv't ce
evs....and new ano remo e ied constr on. del iverv which avo ids
acts on e explored and ado
erever racE ate or
Staff Response:
Staff bel ieves that this- exterior a'l tera-Lio.g-could--sliqhtly increasgtrash demand with additional seating on the outdoor deck foi the
the
restaurant. I.le believe that the best trash solution for the Cloc
Restaurant is e lrasn compa
ran ve Gorsuch, owner of the building,
il^tras ormed the staff that Roqer owner of tbe-l]ocL Tgqer-
Restaurant, attd lbl-sarcthe-Tfiii s of the Beaut wil l bearti c'i oat i
would be in compliance with the service and delivery
section of the Urban Design Guide Plan as it would reduce vehicle tripsinto the core for
Views and Focal Poin
ect on vi ews
an anal
-5-
V.
I. Sun/Shade
ew or expanded buildinqs ou] d not substantial increase the
0n
ad.'i acent properti es or cflt t-o
Staff response:
Thjs add'i tion will not increase the shade pattern, as it does not extend
above the existing building or further out than the existing facade.
STAFF RECOMMENDATION
The staff finds that the project is a positjve improvement on theVillage except for the proposed a1 ignment of the dining deck. }Jg_WgULaprefer to see the. p_q!-j.oJuallnot__etrWgg!_.arfftqftherllg!-lbe_e6i_sljns
wa'tr:dF-dTee-!I;'si;l-iwa-v--p-!I-qs-trqc-T-eIsipffictelxgfeells-apen'"p
tle ;AEF3n- ii ie a. an d. io-prsyfe* [e it
" " .ca1l-isg ! _il G h i . I " a c c e s s,.
patio, even though aesthetical 1y we feel that it js a very fine
improvement. For- _the-99-reasons- we. must rcrcommend denial ot-!hg_p_q!io
wgl'l and approviT'fijF tne entry-way adaition. *TfthilPEC
chooses to
---_.-.appTdV.ThE'-iEw- flatf ii-mefi, sffiTf wouTiI-EEF that the follow.ing
condit.i ons be part of the approval:
l. A revocable nigh!-p!-wg_-pernit for the patio wa1 'l encroachment on-Tubile-fi0fif:iif:way will be filled out by the applicant and
submjtted to the Community Development Department before a
building permit w'i ll be re1 eased.
The staff is concerned that the re-aliqnment of 'tFi?ectr"6e-S-n6''f-qo
eruugrfft 6-?E-creeSe-TRe
A lease agreement will be arranged between the Town and Clock
Tower Restaurant for the use of public land for private dining
space. The appl icant is responsib'l e for completing the lease
agreement before a building permit will be released.
\q#,h-,fi4
12.
(
Urban DeSlgn Gui{e P!4 a1 so specifically calls out that this area be
-.---i-.
opened up as much as possible. The stafflsliev?c rhei tn approve-the
new pat'io wa1'l is i_t-__iq. oresently plqpgs-qd_!Lo_!r-ld-}e. in confl ict wjth- the
ur.leqrDEstrn-Gfi 4..f:an".-cqnseg!_#U.-ryntgUr-"f ejej-r""p"fi ng"p-T6t-pedestrian way. _S_e_c_-o-!{'ly-_excgdjn_qle-hre_a,- the alignment of the deckfurtfur restri cts bmerqenc.y vehi cl e access. SIaTFbelieves Tha-t-the6€--aF.fio *i6p oi-tarit coiit6inT- wFTcT- maEe-ift i f f i cu I t to suppo rt th e new
-6-
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lnttn
75 south frontage road
uail, colorado Bl65Z
(304) 426-2000 offlce ol communlly deuelopmenl
January 6, 1987
Mr, Dave Gorsuch
Gorsuch Limited
263 East Gore Creek Drive
Vai'l , Col orado 8]657
Re: Proposed beauty salon 'i n the Clock Tower Building
Dear Dave:
It has come to my attention that fire escape ladders and a new stairway aregoing to be required by the building code in order to add the beauty shop tothe clock Tower Building. At the time the beauty salon proposai was reviewedat Planning Commission, the staff understood that the remodel would be
comnletely withjn the building. Due to the fact that exteri or changes are partof the proposal , it is necessary that furtheri nformation be submitted. I am
asking that you or the applicant, Ms. Margarethe Christy submit the following
i nformati on:
A site plan of the deck area and building that will indicate where the
new sta j rway wi 'l I be I ocated.
An elevation of the west s'i de of the bu'i ldjng that w'i ll show the new
stai rway.
The appropriate elevations of the Clock Tower that wil'l show the fire
escapes.
4. A materials sheet should also be filled out that will indicate the paint
colors for the stairway and fire escapes.
The staff js concerned about the fact. that fire escapes will be p1 aced on the
Clock Tower. There is a possibifity that the Planning Commission approval may
be inval id, due to these exterior changes. Let's hope that the approval willnot become invalid and we will be able to work this out.
2.
1
I will be out of town until next Monday. If you need to talk to a planner
about the situation before Monday, please contact peter patten at 476-7000, extI06. Thank you for your cooperat.i on.
S incerel y,
KP: br
cc: Ms. Margarethe Christy
-K'&l$ilt
Town Pl anner
Gordon R.Pierce . Architect . A.l. A.
November 24, 1-986
Mr. Tom Braun
Community Development Department
Town of Vail
75 South Frontage Road WestVail, CO 81657
RE: Clock Tower Entry-Remodel
Dear Tom:
I appreciated the staff review and comments on the Clock TowerenLry proposal. In response to your review comments in theletter dated November L7, t986, I would like to comment on afew of the items.
Item 3.
The applicant intends to completely remove and upgrade theexisting terrace wall and dining deck. Currently, this watloversteps the property line by 4'-0"+ only in a few locations.
We realize that this is not an excus6 for encroaching into thestreet ri.ght-of-way any further; howeverr our proposal actuallylessens the existing encroachment at the most critical pointsof the road width - primarily at the entry steps (see
drawings) .
Item 4.
We will make all attempts to keep the existing trees on thesite. However, if constructi-on warrants removal and the safekeeping of these trees, we sha1l take these precautions inrelocating the existing trees as they appear on our proposal.
We have tried to maintain a level of consistency with the townand urban design considerations. The new entry was designed toprovide a more transparent, thus more inviting appeal to theClock Tower Restaurant. We have used stone veneer materialsand details to better relate to the existing Gorsuch SportsShop. Along with the patio-terrace upgrade, we feel that thisimprovement will enhance the overall character of eridgeStreet.
1000 South Frontaqe Road West . Vail. Colorado ttl657 . 303i476-4433
-.rI.r
Ur. Tom Braun
Novenber 24, L9g6
Page Two
Please let
review.us know if you need any further information for your
Sincerely,
#rk A-
Kurt A.
KAS/ trt
enc.
SegerberS, A.r.A.
75 south fronlage road
yail, colorado 81657
(303) 476-7000
November 17, 1986
Mr. Larry Decker
c/o Gordon Pierce, Architect
1000 South Frontage RoadVail, Colorado 8.l657
Re: Preliminary review of Clock Tower expansion
Dear Larry:
ofllce of communlty development
We have comp'l eted a preliminary review of the Clock Tower proposal and offerthe following comments for your consideration prior to making a formal
subm'i ttal :
The staff has not identified any negative impacts or potential issuesrelated to the vestjbule/entry infill. It appears that this addition
would not increEGTIEGEfffi capacity of the restaurant and as aresult, no additiona'l parking fee would be requireci for this
improvement.
ldhile the proposed bay window is impacting the ex.i sting outdoor din.i ng
deck, ample outdoor seating would remain (regardless of the exist.i ng
stone wall's location or the proposed relocatjon of this watl). From
the_drawings submitted it would appear that additjona'l interior seating
would be gained from this expansion and a parking fee would be reguiredfor parking demand created by this expansion. Payment of this fee would
be required prior to the issuance of a bujlding permit for this
construct ion.
Following two site visits and presentations to the Public Works and Fire
Departments, the staff is unable to support the proposed relocation ofthe stone wall. As you know, the existing wa1 'l encroaches as much as 5
feet-Ji'f6-TEE-Town's 20 foot night-of-way on Bridge Street. The
ex'i sting encroachment of the wall has narrowed this right-of-way
cons'i derably. lllhjle it is recognized that portions of the wall's
encroachment will be reduced, it is felt that the additional
encroachment of up to 2 feet in many areas is inappropriate. hfhjle thestaff has supported other encroachments on Town right-of-ways anctproperty in the past, we have not identified significant public benefjt
from this proposal . In addjtion, both the Public Works and Fire
Departments have indicated their opposition to this encroachnent. While
?.
3.
the,Conrmunity Development staff is not opposed to improvements to th'i swall, we would suggest they be done in a manner that lessens, and not
increases, any encroachments on the right-of-way in this area. Our
recommendation at this time would be for you to re-evaluate this elementof the p1an.
4. It has been assumed that the two trees indicated on the plan are the
aspens presently existing on 3TilTF this js not the case, please
indicate on your formal submittal the type and size of trees that would
be proposed with this p1an. It is the staff,s feeling that the mature
aspens presently on the site are a significant element of the
streetscape.
As we. had discussed, the submittal date for projects of thjs nature is Monday,
November 24. Following a preliminary Planning Conmission review on December-8,a formal review date by the Planning Comnission wil'l be scheduled. If further
encroachments are proposed on Town ri ght-of-way, rev'i ew of the Town councilwill be required before any forma'l review by the planning commiss'ion. Inaddition, the staff wou'l d require that you indicate improvements on the
Gramshammer property opposite the proposed deck expansion if the expansion ofthe deck is to be proposed.
Thank you for the opportunity to provide you with this preliminary review ofthis submittal . Hopefully this will expedite the formai review piocess that is
upcomi ng.
Si ncerely,n<)lt r1 \ w*t- \l /l^^--
Thomas A. Braun
Senior Planner
TAB: bprcc: Dick Duran
Stan Berryman
'I
r-1 *j"q$ I
'r1 @
Gordon R Pierce . Architect . A.l.A.
January t9, l-987
Town of VailAttention: Kristan Pritz
Community Development Department75 South Frontage Road WestVai1, CO 81657
RE: Letter of Design Intent for the Clock Tower Deckand Entry Enclosure
Dear Kristan:
This letter is to further document the design intentions forthe Clock Tower Building modifications of the outdoor diningarea and the entry vestibule. The points of considerationare: (1) Pedestrianization; l2l Vehicle penetration; (3)
Streetscape Frameworki (4) Street Enclosure and (5) Street
Edge.
1. Pedestrianization. Bridge Street is a major
@ to the vail Village core from theparking structure. The deck changes proposed forthe west side of the Clock Tower Restaurant improvethe quality of the pedestrian \^/ay with heatedpavement at the entry to the building and wide,
more inviting steps. The stone base and ironrailings of the deck are places for planters in the
summer. The trees at the entry steps will remain.
2. Vehicle Penetration. The proposal for the Clockrower neEI-wTTT-Trnprove vehicular access especiallyfor snow removal in that the curved stone walleliminates the current irregularities for the plowsto negotiate. The heated steps and entry way wl 11reduce the problem of snow shoveling into thestreet. The new deck configuration also provi.desfor greater protection of the trees at the entrysteps.
3. Streetscape Framework. The deck for the Clock TowerRestaurant maintains the use of trees and planters
along the pedestrian route. The stone base for thedeck is in keeping with the Village core plantersalong Bridge Street. The deck capacity willincrease for summertime dining which will give more
"street life" and visual activity
f 000 South Frontage Road West . Vail, Colorado U1657 . 303i4'16-4433
4.
Town of VailKristan PrLXz
ilanuary 19, L987
Page Two
Slteet Enclosure. The Clock To\.rer entry vestibuleendosui6-sEEliT-not exceed existing Uuiiaing roofeave and ridge heights. The building deck providesan activity area in front of the buildi.ng off themain pedestrian circulation path. Verticalpedestrian circulation will now be enclosed toalleviate the problems of ice on stairs to thesecond level of the building.
Street Edge. The street edge on Bridge Street shallbe maintained with the use of a low stone wa11 withbox planlers and metal rai1. The building formchanges with the vestibule enclosure and a large baywindow into the restaurant. Building transparencyis the goal here to add sparkle of indoor lights atnight and activity vlsible to the street. Thistransparency also provides the undulation ofbuilding form desirable to Bridge Street.
These are the eLements of urban design as set forth in theVail Village design consideration. This proposal complieswith the goals of these considerations. please 1et us knowif you have any questions.
Very truly yours,
Larry Deckard
L,D/ lrt
enc.
tttr\on Yog
\e,."hS Nk\Al f, t-u
fu+^
tt
PUBLIC NOTICE
NOTICE Is HEREBY GIVEN that the Plannjng and Environmenta'l comm.ission of the
Town of VaiI will hold a public hearing in accordance with Section 1g.66.060
of the municipal code of the Town of vair on January 26, 1997 at 3:00 pM.i n
the Town Council chambers in the Vail Munjcipal Build.i ng.
Consideration of:
l. A request for an exterior alteration .i n Commercial
an entry and a request for a conditional use permit
existing din.ing patio of the Clock Tower Restaurant
Core i in order to add
to modify the
'i n the Clock Tower
Building located "n"lgii ,lage )st Filing.
2.
Appl i cant: Cl ock Tower Restaurant/Roger Ri ggert
A request for an exterior alteration in commercial core iI in order to
add less than 100 square feet of froor space to the Lionshead Lazier
Arcade building located at 53.l East Lionshead Mall.
Appl icant: Lazjer Commercjal properties
A reguest for front and rear setback varjancesin order to
building at 1031 South Frontage Road West (commonly known
property ) .
Applicant: Vai.l Commercial partnership
The applications and .informat.ion about the proposals are
zoning administrator,s offjce during regular offjce hours
i nspecti on.
construct a
as the Voliter
available in the
for publ i c
TOWN OF VAIL
COMMUNITY DEVELOPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administraton
Published in the Va.i I Trail on January 2, 1987.
,l t' iE
#r s EmE. to lessee:
Cac tus AL1ey
953 S. Frontage Rd. W.Suite 302
Vail, CO 81657Bus; 303-47 6-2559
l'rrlis)ll 2 !lelga of Vail (llelga & t^larrcn
234 E - Gore Creek Drive
Vail, Co 81657
Bus: 303-476-8004
Rcs: 303-476-5385
ll 4 lJrandess-Uadmtrs ttcal lisLitLc, lrrc. (l"larta & !1ark Cadmus, and#10 2Bi llridge Street Leo Brandess)
i, ll Vai-l, CO B1657
Bus: 103-476-1450
jt 5 'l'he Cold & Silversmith of VaiI (Gay &.Iim CorEer)P.0. Box 385
Vail, Co 81658
Bus; 303-476-3131
Res: 303-9 49-6645
Mgr: 303-9 49-4326 (Janel. le tsix l.er)
Spraddle Creek Land & Developnent Co
c/o Palrn Beacher Newspaper
329 Royal Poiclana Plaza
Palm Beach, FL 33480
Bus: 305-655-3880
(David Williams)
stmt. to lessee:
CurrenLs Jcwel ry (ltobcrt & Ilar[)itr:r l)eiT,uca)
P.0. Box l47l
Vai1, C0 81658
Bus: 301-476-3322
ti6
REAL ESTATE (303) 476-t4s0. DENVER TOLL FREE 893-3101
RESERVATIONS 1 -800.222-VAIL
', Brondess -Codmus Reol Estote, Inc.
281 BRIDGE STREET . VAIL. COLORADO 81657
BRIDCI.] STREET CONDOI.'1INIIJM ASSOCIA'f]ON
OWNIITS I, IS'T
John W. Logan
P.O. Box 926
Vail, CO 81658
Res: 303-476-6374
.-l
.\ri ';9 t
BRIDGE STREET CONDO}TINIUM ASSOClATION
OIJNERS LIST
Itl Hil1is of Snowmaes, Inc. Designer Furs, LEd.(Ill11is Akin) (KathLeen Vavra Denrion)
170 E. Gore Creek Drlve 285 Bridge StreerVall, CO 81657 Vail, C0 81657Bus: 303-476-6967 Bus: 303-476-5222Rea: 303-949-6496 Res: 303-476-6760
#8 First Franklin Financial stmt. to:lll2 Mr. Wl11iam Moore Franklin Savlngs AssociatLon
tll4 708 Congrcss Avenue Accouncs payable Dept,,Austin, TX 78701 Attn: Maria Salgado
Bus: 512-469-8011 (Tour Smith) P.O. Box 1723Resi 303-476-4565 (#12) Ausrin, TX 787,67
303-476_4586 (#14)
tt9 BankAmerica 'Realty Servi.ces, Inc.
David !J. llales, Sr. Vice Preslrlent
555 California - 42nd Floor
San Franc isco, CA 94104
. stmt. to lcssee:
Candy Dunn
. c/o Vall Assoclal,es, Iuc.
Accounts Payable Dept.
Box 7
Val.l , CO 81658 l
Bus: 303-476-7797
# f5 Barbara Thomas
2603 Mercantlle Bank B1dg.
Dal1as, TX 75201
Bus: 2I4-7 48-8227
Res: 214-351-3L77
. Vail: 303-476-3042
Gorsuch Exterlor Alteration
Adjaceqt Property 0wne r s
1.
2.
3.
..{.,
Mr. Ted VenArts Capital
39 Broadway,
New York, NY
Deltloude
Servicee
2lst Floor
t ,4+fu
Pepi Gramshammer
Gasthof Gramshammer2ll East Gore Creek DriveVail, C0 8L657
Mr. Sam Gary
l) Village Road
Englewood, C0 80110
Lro*'
J.3\
dN L
AJl, - C*d**,i,*- ).e''"
wv4
LL>
PLANNING AND ENVIRONMENTAL COI{IIISSION
12/8/86
PRESENT
Diana Donovan
Byran Hobbs
Peggy 0sterfoss
Duane Piper
Sid Schultz
,lim Viele
ABSENT
ffi-Fo-pt<ins
The neeting was called to order by the chairman, Duane
l. Approval of minutes of November 24. .|986.
STAFF PRESENT
Peter Patten
Tom Braun
Betsy Rosolack
3.
Pi per.
A correction was made on item #3. Donovan moved and Viele seconded to
the minutes with the correction. The vote was 6-0 in favor.
approve
2-Consi derati on ofare uest for a m] nor amendment the Ho nq Cafe
eve I opment ans T0r e locat ono e alle ate.
rlcan anqe
Tom Braun explained the request. Byran Hobbs moved and Viele seconded to grant
the request as long as the Hong Kong restaurant agreed with the reguest. l
The vote was 6-0 in favor.
Duane Piper moved to the audience and Jim Viele chaired this item. Peter
Patten explained that the Sjtzmark wanted to expand an existing office space
which the staff believes is a nonconforming use because the space is on thefirst or street level . He pointed out that there were many situations similarto the one at Sitzmark, such as the Plaza Lodge shops, the east side of the
Bell Tower Buildjng and the Fountajn Cafe'i n the Creekside Building. The
applicant is appeal'i ng the interpretation of street level and feel the officeis on the second level .
Duane Piper, representing the applicant, felt this was more a consideration of
degree. He felt that many of the examp'l es shown to be similar were less
extreme than that of the Sitzmark, the greatest difference in grade being 4' as
opposed to the 8 feet at the Sitzmark. He added that jf this was first floor,
then there must be a basement. Piper stated that there needed to be a moredefinitive exp'lanation in the zoning code, for the street was well be1 ow the
street level .
Sid Schultz said that it was difficult to look at the zon'i ng code and try to
apply f1 oor levels as therein described. He felt that street levels could be a
staff i nter retat'i on stree
'i cant:
at a number of different levels in different places, but that the intent of the
code was to have retail shops near the pedestrians. I,lith the design of the
berm, the jntent at the sitzmark was to get people off of the street. If the
berm were removed, and shops placed at berm 1eve1 , he would see it as street'l evel .
Diana_Donovan agreed with the staff memo. Byran Hobbs abstained. peggy
Osterfoss stated that she would like to see the code clarified, that ---
technical ly, if one has to walk up 8 steps, it would be Znd level , but she fe'l tthat the intent of the code was to interpret this as first'l evel . she repeatedthat she would ljke to see a rewording of the defjn'i tion. J'im viele agreedthat the definition needed to be cleaned up, but in the meantime would-go a'l ongwith the staff interpretation
Di ana Do n moved and Sid Schultz seconded to u hold the s
n terDre vote was 4 to horo the sta
tent
4.lrgllTinary revie ion proposals for the fol'lowing
DUl IOlnqs:
BUI LDI NG LENGTH OF STUDY PERIOD
a.
b.
c.
d.
e.t.
C'l ock Tower
Casino Building
Plaza Lodge
Bell Tower
Lionshead Center
Sitzmark Lodge
60 days
60 days
90 days
90 days
90 days
90 days
PEC t2/8/86 -2-
TO:
FROM:
DATE:
SUBJECT:
Tcwn Council
Community Development
December 23, .l986
A request for the use of Town land for the expans.i on of anexisting outdoor dining deck for the Clock Tower Restaurant.Applicant: Roger Riggert, Clock Tower Restaurant
Following two site visits and pnesentations to the public works and FireDepartments, the staff is unable to support the proposed relocatjon of thestone wall. The existing wa1 1 encroaches as much as 5 feet into the Town'sfoot right-of-way on Bridge street. The existing encroachment of the wallnarrowed th'is ri ght-of-way considerably. lthile itof the wall's encroachment wiI add iti o
en croacnme n ropr't aother encroachments on Town right-of-ways anilproperty in
when significant public benefit has been identified. However, both
the
the
20
has
s
past
Publ i cworks and Fire Departments have indicated their opposition to thisencroachment. while the community Development staff is not opposed to
i mprovements to
in
this wall such as repairing the stone work, pe__nould suoqest
be done a manner
a
@
nts onthe r
f -to ['utwt],*Ju,4,'U
a//rli*-, ltyd lftflw
lra *,t'flnr.
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:; ] ! j.':;:'.:.:..:. -.-..-,-.. .i -]: : ... - ':.!;
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T01,lN CoUNCIL AGENpA REQUEST
Request forms must be given to the Secretary to the Town Manager by B:00 am
Thursdays.
Dale:72/17 /86 __Dept.COM DEV
I . Item,/Topi c:
A request for the use of Town land for the expansion of an existing
outdoor dining deck for the Clock Torver Restaurant.
Applicant: Roger Riggert, Clock Tower Restaurant
II.
l^Jork Session x
Action Requested of Council:
To either allow or deny the applicant the
PEC with proposed improvements on Town of
Meeting Date: L2/23/86
Eveni ng _
opportunity to proceed to the
VaiI Iand.
III
IV.
Background Rationale:
The applicant is requesting to expand the entryway to the Clock Tower
Restaurant and lhe outdoor dining deck. Before this proposal may
proceed to the Planning Conrmiss jon for exterior alteration review, the
applicant must receive approval from the Town Council to proceed to the
Plannjng Commission for review of this proposal .
Staff Recommendation:
To deny the applicant's request to proceed to Planning Conlmission in
order to revjew the exterior alteration request which involves the
expansion of an outside dining deck on Town of Vail right-of-way-
V.Assurances:_Legal ,_ Engineeri ng Fi nance 0utside Professional
PUBLIC NOTICE
NqTICE IS HEREBY GIVEN that the Planning and Environmental Commissjon of the
Town of Vajl will hold a public hearing in accordance with Section 18.66.060
of the municipal code of the Town of Vail on December 22, 1985 at 3:00 PM in
the Town Council chambers in the Vail Munjcjpal Building.
Consideration of:
l. Request to apply previous Town of Vail zoning to the fo1 lowing re-annexed
areas: Vail Heights Filing No- 1, Vail das Schone Filing No. l and
Filing No. Z, Vail Ridge, an unplatted parcel between Vai'l Heights and
Vail das Schone Fi] ings 1 and 2, recorded in Book 281 , Page 350.
Applicant: Town of Vail
2. A request for a conditiona'l use permit in order to replace a dwelling
unit with comrnercial space in the Clock Tower located on Lot D, Block 5,
Vail Village 1st Filing.
Appl icant: Margariethe Christy
3. A request for a minor subd'ivision and rezoning of Lots 14 and 17, Block
7, Vail Village lst Filing to create 3 parcels, two single Fami'ly and one
Primary/Secondary.
Appljcant: Michael Tennebaum
4. Request fon a minor subdivision in order to resubdjvide Lots 'l and 2,
81 ock 3, Vail Val 1ey First Filing to allow access to Lot I'
Applicants: John and Patrjcia Slevin and Roger and Nancy Anderson
5. A reqest to amend Special Deve'l opment District No. 6 in order to
re-establish approval for Phase IV of the Va'i I Vjllage Inn for a period
of eighteen months.
Appl icant: Vai'l Village Inn, Inc.
6. Request for a minor subdivision and for zon'i ng for parcel A of Tract D,
Vai'l das Schone, Fi I i ng No. I .
Applicant: llend Group Partnership
7. Request for a minor amendment to Special Development District #4, Cascade
Vi11age, to expand an existing restaurant in the Colorado Mountain
College buildjng in Area A.
App'l i cant; Andy Norri s
The applications and information about the proposals are available in the
zoning administrator's office during regular office hours for public
i nspecti on.
TO}IN OF VAIL
COTVIMUNITY DEVELOPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Admin'i strator
Published in the Vail Trail on December 5, 1986.
Date of Apptication rr/24/86
APPTICATION FORM FOR EXTERIOR ALTERATIONS
oR MODTFICATTONS rN COMMERCIAL CORE I (CCr)
r. This procedure is required. for arteration of an existing buirdingwhich adds or_removeJ any encrosed. floor area or outd.oor patio orreplacement of an_existiig buirding sharr be suuject to review by. the Planning and Environm6ntal Comiission.
The apprication will not be accepted until all information is submitted.
A. NA.I4E oF AppLrcANT_ Rodger niggert - clock Tower Restaurant
ADDRESS 232 Bridge Street, Vail, CO 81657 PHONE 476-5306
NA.I,IE OF APPLICAI{T IS REPRESENTATIVE Gordon R. pierce, Architect
l-000 South Frontage noaaADDRESS VaiI, CO 81657 PHONE 47 6-4433
C. NAME OF OI,JNER (print orlype)Dave & Rene Gorsuch
B.
SIGNATURE ., I r I
ADDRESS 263 East Gore Creek Drive, Vail, CO 81657'HONE 47 6-229 4
D. LOCATION OF PROPOSAL
ADDRESS 232 Bridge Street, Vail, CO g1657
LEGAL DEscRrprroN tots c, D, E - Block 5 - vail village 1st Fi.ling
(Ls u, L
F. IMPROVE!4ENT SURVEY OT PROPERTY SHOWING PROPERTY LINES AI{D LOCATIONOF BUILDING A}ID ANY IMPROVSMENTS ON THE LAND.
G. A LIST OP THE NAME OF OWNERS OF AI.,L PROPERTY ADJACENT TO THESUBJECT pROpERTy and their mai.ling addresses.
Ir. Four (4) copies of a site plan containing the following inf,ornutlon:
A' The site plan sharl be drawn on a sheet size of 24,, x 36,, at a scareof r" = 20r; a variation of the sheei-"i"" or scare may be approvedby the Community Oeveiopment Department if just,ified;
8.
..- a
'8.
Application for Exterior Alteration or Modifi. CCI page 2 : .
The clate, North arrow, scale and name of the proposed deveropment "shall be shom on the site plan,
c. . The existing topographic character of the site including exishingand proposed conLours. This condition will only be reqrircd forexpansion area where there is a change of tvro feet of gr:ade;
D. The location and size of aII exist,ing and proposed builclingsr'struc-tures and improvements;
E. The existing and proposed landscaping;
Fi The location of a1l elisting and proposed buildings, structuresand patios or decks.
IrI. The applicant shall submit in written and graphic form, a preponderanceof evj-dence before the Planning and Envirorimental Conunissj-on thatthe proposal is in conformance with the purposes of the CCf Districtand that the proposal substantially compiiei with the vail viilage. Urban Design Guide plan.
.,'' A. rf. the applicant is proposing a major change in the vair vi-llaqeurban Design Guide plan, the procedur"" roi crringe are-not;A-;-Section L8.24.220 (B).
IV' The applicant'must also submit written and graphic supporting materialsthat the proposal substantially corirplies wiih ine rolicsing itr:banDesign considerations section of trr6 vail viuage Design Coisideration.
A. Pedestrianization. B. Vehicle penetration
. C. Streetscape Framework' D. Street EnilosureE. Street Edge
T. Buitdins Heighrc. ViewsH. Sun Shade Consideration
l"lany of the above iLems .shoul-d'be addressed in some glraphic rneansusins suclr roots as skerches, simutations, moctets (d;i;af"s";liihboringbuildings), phoLos, etc
v.The To'..rn of VaiI Zoningthat the applicanr must
VI . Applications for extcrior altcratj.onsafe only reviewed semi-annually. Theythe fourth Monday-of May or November.review schedule, see Se-ction 19.24.065
also describes other zoning issueswritten or graphic form.
Code for CCI
respond to in
or nroclif ications in CCI canneed to be submitted beforeFor more specifics on theA-5.
I
order to
the Cl ock
TO:
FROM:
DATE:
SUBJECT:
I. DESCRIPTION OF PROPOSED USE
Planning and Environmental Commission
Community Development Department
January 25, 1987
Request for a conditjonal use permit jn
deck for the Clock Tower Restaurant in
Appl icant: Roger Riggert
expand an existing
Tower Bui'l di ng.
II
The applicant is requesting to expand slightly the existing patio deck forthe Clock Tower Restaurant. Outdoor patios, and thus this expansion, are aconditional use in connercial core I. The existing stairs will be pu1 1ed
back approximately I foot and a new wall will be built so that it extends
approximately 1to 2 feet beyond the existing retaining wall in most areas.
The minor deck expansion will create approximately 50 square feet of
addit'i onal space to the south of the entry stairs and approximately 38
square feet to the north of the entry stairs. Due to the bay window
expanding into the outdoor dining area, the net gain in square footage for
the expansion will only be 60 square feet.
CRITERIA AND FINDINGS
Upon review of Sectjon 18.24-070, Conditional Uses.-|rJithin Commercial Core IDistrict, the following development factors shall be applicable:
A. Effects of vehicular traffic on Commercial Core I.
The expansion of the patio will not increase vehicular traffic into
the Core. However, the new patio wa1 I has the fo1 |owing impact upon
street wi dth:
Encroachment Change Due To Project
l. Entry stair onto the patio:
this area is decreased I foot
a1 ong a length of 22 ljnea'l feet.
2. South of the deck entry:
encroachment increases from I to
2-L/2 feet along a length of
20 'l i neal feet
Bridse Street }rlidth
Due to New Patio }la'l I
(
North of the patio entry:
encroachment increases fromI to 2 feet for a length of
15 feet.
Existing 20 foot width
increased to 21 feet
Existing width of ?2-1/2
decreased to 20 feet
Existing 23 foot width
decreased to 21 feet
fr
3.
o
The purpose of this table js to show that, in general , a 1 footdecrease in the area of the stair does open up-Bri dge'street atits narrowest point. However, the new wa] I will alio encroach lto 2 feet more along 35 feet of Bridge Street. l,lhile it isrecognized that portions of the wall,s encroachment wi'l I bereduced, it is fe'l t that the add.i tional encroachment of up to l to
2-1 /2 feet in certain areas is inappropr.iate. The staff irassupported other encroachments on Town right-of-ways and propertyin the past, but always in areas where t[ere has 6een more than-adequate street w'idth for veh.i cles, pedestrians and Town of Vailoperations. In addition, both the publ ic Works and F.i re
Departments have indicated their opposition to thjs increasedencroachment. Nhile the Community Development staff is not
opposed to improvements to this wal 1, we suggest they be done in a
manner that does not increase any encroachment on the right-of-wayin this area.
(
B.Reduction of vehiculal traffic in Commercjal Core I
Not appl i cabl e.
F.
c.
D.
E.
Continuance of the various es i denti al
Not appl icable
Not appl icable
Development of public spaces for use by pedestrians
Not appl j cabl e
uses tn
oT Ene area.
Staff feels that it is veryto improve the patio wall as
deck whjch adds a great deal
ublic
ng character
positive that the owners are proposing
well as maintain the existing diningto the character of the area.
u.Control oual of co structi on ite ral desisn. and
andsca ct so as to maintainthe existinq char of the
The upgrading of the wall wi'l I have a very positive impact on thearchitectural design of the buildjng and dining deck. The two
aspen trees that exist in the area of the patio wall aresignificant elements to the streetscape. The applicant,s
representative has stated that:
(
" llle wi ll make al 1 attempts to keep the existing trees onthe site. However, if construction warrants removal and thesafe keeping of these trees, we shall take these precautions
'i n relocati ng the existing trees as they appear on our
proposa'l . "
If, for some reason, the trees are removed, staff feels that it isvery important that substantial trees replace the existing aspens.
STAFF RECOMMENDATION
The cornrunity Development Department staff recommends denial of therequest for the deck expansion. It is our opinion that the deck willnarrow an area along Bri dge Street which is already very restricted forpedestrian traffic, but more importantly for emergincy vehicle access.
The'improvements to the wal 1 are very positive as far as the aesthetic
appearance of the patio and new wall. However, the staff must alsoconsider whether or not it is tru'ty necessary to expand the deck area.
Our op'i nion is that it would be better to pu1 I back the stairsapproximately 3 feet and rebuild the new wall so that it does nor
encroach any further than the existing patio wa1 1. This solution willprov'i de the much needed upgrade for the existing wall without creatingany further encroachmenrs.
If the request is approved by the PEC, the staff requests that thefollowing two conditions be included jn the approva'l :
l. A revocab'le right-of-way agreement wjll be submitted by the
appl icant to the Community Development Department before abuilding permit is released for the proposed construct.i on.
Z. A lease agreement will be arranged between the Town of Vail andapplicant for the portion of the deck on Town of Vajlright-of-way. The applicant js responsible for completing thelease agreement before a building permit will be released for theproj ect .
III.
{
o
TO:
FROM:
DATE:
SUBJECT:
Planning and Environmenta'l Commission
Commun ity Development Department
January 26, 1987
A request for an exterior alteration in commercial core I in orderto add_an,entry and exterior dining deck expansion to the ClockTower Building.
Appf icant: Clock Tower, Roger Riggert
I.THE PROPOSAL
The app'l icant is requesting to enclose an area on the west side of theclock rower Building in order to create an entry vestibule and stairwayup to the second floor. He is also requesting to add a new bay windowfor the clock Tower Restaurant. Improvements and a slight expinsion arealso proposed for the exterjor d.i n.i ng deck (see accompaiying memo).
The square footage for the request can be broken down.into the following
areas :
II.
Clock Tower Restaurant bay window = 2g sq ft
Clock Tower entry expansion = 32 sq ftFirst floor common vest.i bule
and stairway =120 sq ft
Second floor common balcony = 55 sq ft
Total for addition, 245 sq ft
Dining deck additjon 60 sq ft
Parki ng:
The only portion of the addit.ion that will require parking is the
28 square feet for the bay w.i ndow. The parking requirement is .23parking spaces. The other common areas which make up the addition
do not create a parking demand.
COMPLIANCE WITH THE PURPOSE SECTION OF THE CCI DISTRICT
The Commercial Core I distrjct js intended to provide sjtes and tomaintain the unique character of the vail village commercial area, withits mixture of lodges and commercial establishments in a predominantly
pedestrian environment. The conunercial core I district is intended to
ensure adequate 1ight, air, open space, and other amenities appropriateto the permitted types of bui'ldings and uses. The district regulationsin accordance with the Vail Village urban design guide plan and designconsiderations prescribe site development standards that are intended toensure the maintenance and preservation of the tightly c'l ustered
arrangements of buiIdings fronting on pedestrianways and public
greenways, and to ensure continuation of the building scale andarchitectural qualities that d'i stinguish the vi11age.
(
o
This proposal 'i s in compliance with the intent of the zoning for the ccldi stni ct.
III.
(
The following sub-area concept of the urban Design Guide plan relates tothe area around the clock rower bui'l ding (please see the enclosed urbanDesign Guide Plan):
17. Street access opened.
The Guide Plan specifically calls out that the public space between theedge of the clock rower patio and the Gasthof Grammshammer Building beopened up which wi] I a'l low for better pedestrian use and maintenanie ofthis area.
The applicant is requesting to pull back the deck stair by l foot and tocurve a new stone wa'll along the front of the patio area. staff agreesthat this port'i on of the proposal is very positive, as the deck,sgreatest encroachment is being decreased at the narrowest po.i nt onBridge street. However, we believe that the new wall shouid only extendout as far as the existing wall. The stair onto the deck could 6epulled back approximately 3 feet so that the existjng stair encroachmentonto public right-of-way is decreased as much as posiible.
The staff suggestion will result in opening the street access withoutdecreasing the actual patio space, as the new wal] would be rebuilt inthe same location as the existing wal 1- The on1y,:{ifference is that the
new wall wi'l I be curved and will not have al 1 the jogs along the edge ofthe street. staff also believes that it is very important [rr"t uot[aspen trees be preserved in the new design for the wall.
IV.
A.
The purpose of the comparison between
Considerations is to show how the new
from the overall intent of the Design
Pedestri an i zati on
A ective for Vai'l illaqe
cl rcu
vr I taqe.
the proposal and the
design strengthens or detracts
Consi derati ons.
rlan
are to
App'l icant's Response:
Bridge Street is a major pedestrian artery to the
the parking structure. The deck changes proposed
the Clock Tower Restaurant improve the quality of
Vai I Vi l l age core fromfor the west side of
the pedestrianway with
(
-2-
heated paving at-the entry and wj de, more inviting steps. The stonebase and iron railings of the deck ire places ror-piiniers in thesummer. The trees at the entry steps wil'l remain.'
Staff Response:
staff agrees that the improvements to the deck area will greatly enhancethe visual appearance of the stone wall. Morever, staff ieels itrat lnepedestrianway will be further improved if the new'wall does not extendout any further than the existing wa] I and the steps are actually pulledback 3 feet from the existing en-roachnent. The qlal.i ty of thepedestrian walkway will be greatly enhanced by the ""-"iignr"nt of thewall and by decreasing the ex.i sting encroachmint.
B. Vehicular Penetration
To the mum extent oss ibl e
rouf,e
structures.
al I non-re t traffic should be
r
Applicant's Response:
The proposal for the clock rower deck will improve vehicular access,especial 1y for snow removal in that the curved stone wall eliminates thecurrent irregularities for the p1 ows to negotiate- The heated steps andentry way will reduce the problem of snow shoveling into the street.The new deck configuration also provides for greatir protect.i on of thetrees at the entry steps.
Staff Response:
The new curved stone wall wi'l I improve the snow plowing situat.i on forthe Public_works department, as there will no longer be jogs in and outof the wall. However, this is an extremely tight area f6r-snow plows aswel'l as emergency vehicles. For this reason, ihe pubtic works and FireDepartments are opposing the proposal .
Presently, the dimension between the existing stair and the Gramshammerproperty line is 1.9.5 to 20 feet. The applicant is proposing to pu11
back the stair I foot, but will also extend the wall furttrer onto the
Town of vai'l property by an additional z-j/2 feet at the greatest pointof encroachment. Granted, we are ta] king about a few feei in eitherdirection, but it is important to note that the Fire Department requires20 feet in width to provide for emergency fire access. In thispart'i cu] ar 'l ocation in the Vi11age, every foot is valuable. For thisreason, staff believes that the wall must not extend any further thanthe exjstjng wa11 and that the stairs should be pulled back
approximately 3 feet in order to open up this particular spot for
emergency vehicle access.
(
-3-
c.Stleetscane Framework
To rove the qualitv of he wa erience and e continuit to
u a
strian azas anreen s es as en nooes an oca nf,s a lon ese rou s are
encouraqed. I cormerci a sEore ronts to qive street eanvisual interest.
Appiicant's Response:
The deck for the clock rower Restaurant maintains the use of trees andplanters along the pedestrian route. The stone base for the deck is in
keeping with the vi'l lage core planters along Bridge Street. The deckcapacity will increase for summer time dining which will give morestreet life and visual act.ivity.
Staff Response:
The staff agrees that the improvements to the patio wal 1 and entryadditi.on will provide a nicer streetscape framework as long as thl patiowall does not encroach any further than the existing wa1 l.- The staifalso feels that the new bay window wi'l 1 provide visual interest alongthe facade of the building.
D. Street Enclosure
tlh i build'in facad hei qh shoul d not uniform fr uildinq to
u a comTo c I osure Tor the street.
Applicant's Response:
The Clock Tower entry vestibule enclosure shall not exceed existingbuilding roofs, eaves and ridge heights. The build.i ng deck provides anactivity area in front of the building off the main pedestrian
circulation path. Vertical pedestrian circulation will now be enclosedto alleviate the problems of ice on stairs to the second level of the
bui I di ng.
Staff Response:
Staff agrees with the applicant's statements and feels that the entry
enclosure will be a great improvement to the ex'i sting outdoor stairway
and entry area.
E. Street Edqe
9!tildlngs in the Village core should form a strong but irregular edge tothe street.
AppI icant's Response:
The street edge on Bridge Street shall be maintained with the use of a
low stone wall with box planters and metal rail. The building form
L
-4-
changes with the vestibule enclosure and a large bay window into therestaurant. Building transparency is the goa'l here to add sparkle ofindoor lights at night and activity vis.i b1e to the street. Thistransparency a1 so provides the undulation of building form desirable toBridge Street.
Staff Resnonse:
The proposal is actua'l ly decreas.i ng some of the irregularity along thestreet edge whj ch, in this situat'ion, staff believes is an improvement.staff believes that the proposal wil1 positively define the street edgein a much better way than the existing patio wal|.
F. Buildins Heisht
Not appl icable.
G. Views and Focal Points
shoul d
tri an areas
Staff Response:
No impact.
H. Service and Deliverv
Any buildinq expansion shou'l reserv e function of ex'i tin serv t ce
constructi on e||ver ch avoi ds
reouce s an s snou lo De ex ored an aoo
erever pr te or future useaqe-
Staff Response:
Staff be1 ieves that this exterior alteration could slightly increase the
trash demand with additional seating on the outdoor deck for the
restaurant. We believe that the best trash solution for the Clock Tower
Restaurant is participation in the trash compactor project locateddirectly behind the restaurant. Dave Gorsuch, owner of the building,
has informed the staff that Roger Rjggert, owner of the C1 ock Tower
Restaurant, and Margarethe Christy of the Beauty Salon will beparticipating in the trash compactor through their lease agreement.
This participation would be in compiiance with the service and de1 ivery
section of the Urban Design Guide Plan as jt would reduce vehicle trips
into the core for trash removal -
-5-
I.Sun/Shade
All ex anded buiIdi shoul d not stanti al Iral I shadow
al roperties or the
STAFF RECOMMENDATION
The staff finds that the project.i s a positive improvement on thevillage except for the proposed a1 ignment of the dining deck. }Je wouldprefer to see the patio wall not encroach any further than the existingwall and see the stairway pulled back approximately 3 feet to open upthe pedestrian area and to provide better emergency veh.i c'l e access.
The staff is concerned that the re-al ignment of the deck does not go far
enough to decrease the encroachment onto the publ.i c right-of-way. The
Urban Design Guide Plan also specif.i cally calls out that this area be
opened up as much as possible. The staff believes that to approve the
new patio wall as it is presently proposed would be in conflict with the
Urban Design Guide Plan concept #17 which relates to opening up thepedestrian way. Secondly, except in one area, the a1 ignment of the deckfurther restrjcts emergency veh'i c1e access. Staff believes that these
are two important concerns which make it difficult to support the newpatio, even though aesthetically we feel that it is a very f.i ne
improvement. For these reasons, we must recommend denjal of the patjo
wall and approval for the entry way addition. If the PEC chooses to
approve the new patio wa1 1, staff would ask that the fo1 lowing
conditions be part of the approval:
1. A revocable right-of-way permit for the patio wall encroachment onpublic right-of-way will be filled out by the applicant and
submitted to the Community Development Department before a
building permit will be released.
2. A lease agreement wil1 be arranged between the Town and Clock
Tower Restaurant for the use of public land for private diningspace. The applicant is responsible for completing the lease
agreement before a building perm'i t will be released.
Staff response:
This addition will not increase the shade pattern, as it does not extend
above the exj sting building or further out than the existing facade.
V.
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TO:
FROM:
DATE:
SUBJECT:
I.
II.
Planning and Envjronmental Commission
Community Devel opment Department
January 26, 1987
Request for a conditional use permit in order todeck for the Clock Tower Restaurant in the Clock
Appl icant: Roger Riggert
0M1'
expand an existing
Tower Bujlding.
The applicant is reguesting to expand slightly the existing patio deck forthe clock Tower Restaurant. Outdoor patios, lnd thus this-expans.ion, are aconditional use in commercial core I. The existing stairs wiit ue putteu
back approximately I foot and a new wall will be bui'l t so that it extendsapproximately I to 2 feet beyond the existing retaining wall in most areas.
The minor deck expansion will create approximately 50 iquare feet ofadditional space to the south of the entry stairs and approximately 39square feet to the north of the entry stairs. Due to the bay window
expanding into the outdoor dining area, the net ga'i n in squaie footage forthe expansion will only be 60 square feet.
CRITERIA AND FINDINGS
Upon review of Section L8.24.070, conditional uses-l,tithin commercial core IDistrict, the following development factors shall be applicable:
A. Effects of vehicular traffic on Commercial Core I.
The expansion of the patio will not increase vehicular traffic intothe Core. However, the new patio wall has the fo'l 'l owing impact uponstreet width:
l. Entry stair onto the patio:this area is decreased I foot
a1 ong a length of ZZ jineal feet.
2. South of the deck entry:
encroachment increases from I to2-L/2 feet along a length of
20 lineal feet
North of the patio entry:
encroachment i ncreases fromI to 2 feet for a length of
15 feet.
Bridge Street hlidth
Due to New Patio Wall
Existing 20 foot width
increased to 21 feet
Existing wjdth of 22-1/2
decreased to 20 feet
ft
Exi sti ng
decreased
23 foot width
to 21 feet
?
The purpose of this table is to show that, in genera'l , a 1 foot
decrease in the area of the stajr does open up Bridge Street atits narrowest point- However, the new wall wil'l alio encroach Ito 2 feet more along 35 feet of Bridge Street. Whjle .it isrecognized that portions of the wall's encroachment will bereduced, it is felt that the additional encroachment of up.to J. to
2'1 /2 feet in certain areas is inappropriate. The staff hassupported other encroachments on Town right-of-ways and propertyin the past, but always in areas where there has 6een more ihan-
adequate street width for vehicles, pedestr.i ans and Town of Vajloperations. In addition, both the public Works and Fjre
Departments have indicated their opposition to thjs jncreased
encroachment. l'|hile the Cornmunjty Development staff is not
opposed to improvements to this wal 1, we suggest they be done in a
manner that does not increase any encroachment on the rjght-of-wayin this area.
B.duction qf vehicular traffic in Commercia reI
Not appl i cabl e.
Not app'l j cabl e
D.
t.
F.Continuance of the various comrnercial i denti al and ublic
Not appljcable
Development of publjc spaces for use by pedestrians
Not appl icable
USE S ommerc relsoastoma n the ex cnaraof the area.
Staff feels that it is very posjt.ive that theto inprove the pati o wal I as r^rel'l as ma. j nta j n
deck which adds a great deal to the character
owners are proposi ng
the ex'i sting diningof the area.
u.ualit constructi on architectural desi nq
ommerct a str so as nta in
The upgrading of the wall will have a very pos.i t.i ve impact on thearchitecturil Cesign of the building and dining deck. The two
aspen trees that exjst in the area of the patio wall are
sign'i ficant elements to the streetscape. The applicant's
representative has stated that:
cape oes
o
III.
" We wilI make a1 I attempts to keep the existing trees onthe site. However, if construction warrants removal and thesafe keeping of these trees, we shall take these precautionsin relocating the existing trees as they appear on our
proposal . "
If, for some reason, the trees are removed, staff feels that it isvery important that substantial trees replace the existing aspens-
STAFF RECOMMENDATION
The commqnity Development Department staff recommends denial of therequest for the deck expansion. It is our opinion that the deck will
narrow an area along Bri dge street which is a1 ready very restricted forpedestrian traffic, but more importantly for emergency vehicle access-
The improvements to the wal) are very positive as far as the aesthetic
appearance of the patio and new wall. However, the staff must also
consider whether or not it is truly necessary to expand the deck area.
Our opinion is that it would be better to pull back the stairs
approximately 3 feet and rebui'l d the new wall so that jt does not
encroach any further than the existing patio wa1 1. This solution willprovide the much needed upgrade for the existing wall without creating
any further encroachments.
If the request is approved by the PEC, the staff requests that thefol'l owing two condjtions be included in the approval:
l. A revocable right-of-way agreement will be submitted by the
applicant to the Community Deve'l opment Department before a
bui.l ding permit is released for the proposed construction.
2. A lease agreement will be arranged between the Town of Vajl and
applicant for the portion of the deck on Town of VaiIright-of-way. The applicant is responsible for complet.i ng the
lease agreement before a building permit will be released for the
proj ect.
January 28,
Mr. Roger Ri
Clock Tower
232 Bridge S
Vail, Colora
Re: Cl ock
Dear Roger:
0n January 2
request- Th
encl osed a s
In addition,
agreement a
deck is cons
that the rev
two i ssues
be released
If you have
feel free to
Si ncerely,
'.1' llr I'i
Kri stan Pr.i tz
Town P'l anner
Mr. Da
Mr. Cu
, .l987, the Planning Commission approved your exterior.alteration'next itep will be to go to the Design Review Board' I nave
hedule of submittal dates for this review process'
s conditions of the PEC approval , a revocab'le right-of-way
a lease agreement must be arranged for the deck area' Once
ucted, it will be necessary to submit an improvement survey
aU1e rlght-of-tray and leasl agreements may be documented'
t be adiressed bLfore a temporary certificate of occupancy
south lronlage road
colorado 81657
oltlce of communl$r develoPmenl476-7000
987
gert
estaurant
r eet
o 81657
Tower Exterior Alteration
the
so
These
cou'l d
r the exterior alteration.
y questions about these conditions or Design Review Board' p'lease
all me at 476-7000, ext 111-
and Renee Gorsuch
Cegarberg
cc:
O ,]p'^'*'/ lsz
5-* c2
t z,/ t -/fr
I. DESCRIPTION OF PROPOSED USE
The applicant has requested a conditional use in order to place a beautyshop in the "clock tower" of the clock Tower Building. The "clocktower" itse'l f consists of f'l oors 2, 3, 4, and 5 and iontains approx-imately 1078 square feet. The Clock Tower building vras constructed jn.|965 with residentjal use designated for the tower and all but the firstfloor of the rest of the build'i ng which contains the restaurant. About10 years later the Tower was changed to commercial use, although thekitchen was never removed. The presence of a kitchen is a key-factor
because it then constitutes a residentia'l unit. There are no reconds inthe Town files to indicate that the change went through the conditionaluse process- There aren however, records to show that other areas ofthe Clock Tower building were changed from residential to comnercialthrough the conditional use process. About two years ago, Trout creekArch'itects lived in the Clock Tower as well as had their offices there,thus there was one more change to combined residentja'l and commercialuses. There was no nofification to the Town of this change.
CRITERIA AND FINDINGS
upon review of section 18.24.070, condit'i onal uses blithin comnercialcore I District, the fol'l owing development factors shall be applicable:
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
Planning and Environmental Commission
Community Development Department
Decenber 22, 1986
Request for a condjtjonal use permit jn order to replacedwelling unit with commercjal space in the Clock Tower.
Margarethe Christy
II.
A.
B.
The change of use
because parking in
would have little effect upon
the Village is accommodated
vehicular trafficin the Vail TRC.
The change of use would not reduce vehicular traffic.
C. Reduction of nonessential off-street
The change of use wouldtotal square footage is
parking requirements, itfeet is divided equal 1y
reduce off-street parking by 0.6 spaces. The'l ,078 square feet. In order to calculateis assumed that the total area of 1,078 square
between commercial use and residential use.
Reducti on veh i cul ar rci al
1,078/2 = 539 sq
539/250 = 2.1
539 sq ft = 2.0
4.1
1078 / 300 =
ft each of residential and conmercial use
spaces reguired for commercial uses
spaces required for resident.i al usestotal spaces required at present
spaces, change of use to personal service
spaces reduction from change of use
3.5-0-
D.
E.
The nearest_loading zones are adjacent to the plaza Lodge and Mill creekcourt Bui.lding and deliveries of supplies to the beauty salon w.i ll haveto be made through the front door. In researching deliveries to otherbeauty shops, it was found that delivery of supplies can range from twoper week to two per month. we feel that this is a very minimal effectupon del ivery.
Development of public spaces for use by pedestrians.
Not applicable.
Continuance of the variol/s coBmergial
,
One development objective of the Vail village Master plan (not yetadopted) is to continue the mix of residentia'l and commercial uies inthe village core. In most cases, we would be concerned about changingthe residential use to commercial use, especial 1y since much of the restof the second floor of the clock rower has been Lhanged from residentialto commerical . However, in light of the fact that the tower has beenused commercial 1y for the past eight out of ten years, and then used asa combination of commercial and residential uses for the past two years,the request js not rea'l ly for a complete change of use.
F.
G.tr ual itv of c ructi on arch i tecn Commerc re I Di str ct so ascharacter o e area.
es l and landsc
e ex isti n
Not appl icable.
III. Sltch other factors and criteria as the Commission {eems applicable to
IV. FINDINGS
The Community Development Department recommends that the cond.i tjonal usepermit be approved based on the fo1 'l owing f .i nd.i ngs:
That the proposed'l ocation of the use is in accord with the purposes ofthis ordinance and the purposes of the district in which the'site is'located.
That the proposed'location of the use and the conditions unden which it
you]d.be operated or maintained would not be detrimental to the publichealth, safety or welfare or materia'l ly injurious to propertjes br
improvements in the vicinity.
That the proposed use wou'l d comply with each of the applicableprovisions of this ordinance.
V. STAFF RECOMMENDATION
The community Development Department staff recormends approval of therequest for the conditional use. l,le find litt1 e on no negative impactsresulting from the location of the beauty shop in the Cloik Tower.
/oe
n,,f J
and Environmental Commission t/ --0TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
P1 anni ng
Communi ty
December
Development Department
?2, 1986
,tgtqglt for a conditional use nermit in order to replace adwellinq unit with comJnqrcial-Sn&c,g ip,J[g Clock Tower.
I.DESCRIPTION OF PROPOSED USE
The applicant hasffi'
tower" itself, consists of and contains appTox-
i,"lr[:;n?":l:"
because it then . There ar-dtFinthe Town fi'l es#.t^-tll....^t" rr-#iFtonala-.rFltgs- There are, however, records to show that other areas ofthe clock rower building were changed from resident'ial to commercial
through the conditional use process. ek
and al I but the fi rstfloor of the rest of the building which contains the restaurant. About
CRITERIA AND FINDINGS
Upon review of Section 18.24.070, Conditional Uses l.lithin Commercial
Core I District, the following development factors shall be applicable:
The C'lock Tower buildjng was fJnfilF
. The
In order to calculateffiare
-L--
------
: -------.-:---rrffiffirraruses. There was no nofificat'ion to the Town of this change.
II.
A.
B.
c.
The change of use woul drlil-|llF--4'€Ti-rt.6-bil1+-f.'il{fiE
because parking in the Village is accommodated in the Vail TRt.
JrCflEmfdnltis*Alnlfiltlirf t lt*qrrlt€ir:l' Core I
The chanse of qfirl$pt,J4onCtt f.t'f*lffiia
The ch+^*-' ttrlrsfrrlgrruf rfitlD=^ -t t^'l^ r^^t.
D.co'-Flfr firifiliru*|{ilfirffi ulm#ffi 'd s .
The nearest
of residential and commercial use
requ ired for commercial uses
required for residential uses
spaces required at present
of use to personal service
use
Plaza Lodge and
1,07812 =
539/250
539 sq ft
1078 / 300
539 sq ft each
= 2,1 spaces
= 2.0 spaces
4.L total
= 3.5 spaces
Court BuiIdito be ma
beauty shdlE
upgn de1 ivery.
ilot applicable.
The Community bevelopmentpermit be apBroved based
suppl ies to the beauty sa1 on
n
Mi I I Creek
wi I I have
ther
'tllfo
fee t..-.,..
E.
F.
Onq=d$ISloDment-objpgJfi,ve.of*ihe Vai l Vi l'l age Master plan (not yet
aaon$E) is to continue the mii of resi-defril*and cotqencj.al*uses -inthe vil lage core. In ,nort"lilEesirllo woiria ue. .lorrcerned about' changi 49Ene resrdentlal use to commercial use, especially since much of the iestof the second floor of the c'lock rowei has been Lhanged from residentja'lto commerical . However, in light of the fact that the tower has beenused cornmercially for the past eight out of ten yearsn and then used asa combination of commercial and residential uses-for ihe past two years,the request is not rea11y for a complete change of use.
G.uality of construction. architectural desi d I andsn uomme xcharacter o
Not d'pit?ltabl e.
lgghglher-lactors and criteria as the cormission deems app'l icable torEne proposeo use.
IV.FINDI NGS
III.
'Department recommends thaL the conditional .useon the fo1 lowing findings: :,,
spaces,change
V.
That the proposed 'l ocation of the use is in accord with the purposes ofthis ordinance and the purposes of the district in which the site'is
I ocated.
That the proposed 'l ocation of the use and the cond'itions under which 'it
would be operated or maintained would not be detrimental to the publichealth, safety or welfare or materially injurious to properties br
improvements in the vicinity.
That the proposed use would comply with each of the applicableprovisions of thjs ordinance.
STAFF RECOMMENDATION
The Conmunity Development Departmen
request for the conditional use.
Planning and Environmental Comm.i ssjon
December 22. 1986
PRESENT
DiIiI-Donovan
Bryan Hobbs
Peggy 0sterfoss
Sid Schultz
Jim Viele
ABSENT
Em-Topkins
Duane Pi per
The meeting was called to order by Jim Vjele.
l. Approval of minutes of December g. Diana
The vote
STAFF PRESENT
Tom ffi,un-
Kristan Pritz
Rick Pylman
Betsy Rosolack
Donovan moved and Bryan Hobbs
was 5-0.
2.uest for a co i ti onal rtore I ace t llnwitcommercspace
Betsy Rosolack presented the proposal , outlining the criteria to be utiljzed inthe review of the request. staff supported the removal of the dwelling unitbecause the space has been commercial for 10 years and there were noidentifiable negative impacts from the proposll. Donovan moved and Hobbs
seconded to approve the request. The vote was 5-0ffi
uest for a minor subdivision and rezoni of Lots 14 and 17 Bl ockaiI Vi stF nq t0 create two Si n z0n t n
one Pr econoar zon l n
4pp 'i cant: M ael Tenne
Rick Pylman explained the subdivision request and explained that the staffsupported the proposal with conditions. pylman explained several issuesrelated to the request that the staff felt needed clarification. One was thatthe amount of density must not be increased. The staff requested that thetotal GRFA for the three lots be limited to 8,768 square feet so that the
minimum standards of GRFA related to site area are met.
A second issue was that of parking for the proposed parcel c. currently asingle family unit located on Lot 14 uses parking spaces on what was proposedto be Parcel B. The staff requested that a 1ega1 instrument be created toallow the parking for Parcel c to remain on Parcel B unti'l such time as
adequate parking is available on Parcel C.
The third issue was that all the lots must meet the minimum site requirementsof bu'i ldable area, and the fourth was that approval must be contingent uponfinal zoning approval being granted by the Town Council.
Jay Peterson, representing the applicant, stated that he had an agreement thatall three lots did meet the minimum lot size and will draw up an agreement thatstated that Parking for Parcel B would be available on Parcel C until two more
spaces are added to
3.
I i cant: Marqarethe Chr
Parcel C. Br Hobbs moved an Diana Don van seconded ro apDrove the requestfor a minor vision wit our con ons I i sted n the sta memo dated
cember 22 98 e vote was -0 in
Hobbs moved and Diana Donovan seconded to recommend val to the Town
Counc Thevote was 5-0
4.Are st to ndS tcaI vel nt District No.6 in orde
re-es S ro va or of the Vail Vil aqe lnn tor riodof 18 nths.aqe Inn Inc.
station in the plan.
Tom Braun exp'l ained that the action taken by the pEC would be advisory andfinal decision would be made by the Town council. The staff supported therequest and recommended extension of the approval for l8 months. Diana
wondered if any changes had been contemp'l ated. Jay peterson, representinq theapplicant, stated that the applicant planned to look at including the service
ning per the staff memo w
recommend val of the request to the Town Counci'l . The vote was 5-0 .i n
Tavor.
5.A request for a inor subdivision in o der to resubdivide LotsBlock 3. Va rst Fi I in to ow access to Lot
Appl i cants: John and Patrj c n and Roqer and Nancv An0erson
6.
Betsy Rosolack explained that thjs was merely a housekeeping request, becausethe lots were being used at present as requested on the plai. The owners had
exchanged quit claim deeds in .|973 to allow this to happen, but had never
formal ly filed a p1at.
Diana Donovan moved and Bryan Hobbs seconded to approve the minor subdivjsion.
*jgglleqj=f:or a mllgl suFdivjsjon and for zonins of Parcel A of Tract D.
var | oas scnone, Fr tinq No. l.
Appl i cant: hlend Group Pirtnersh i p
Rick Pylman explained that the applicant was requesting to subdivide .l.247
acres from Tract D, Block B, vail das Schone Fi'l ing #l . Thjs area is east of
and adjacent to the west vaiI Texaco service station- Tract D currently
contains a total of 4.88 acres and is zoned Primary/Secondary. Through the
Land Use P1an, the parcel was shown as having two different potential uses, the
upper bench being designated as Medjum Density Res'i dential and the lower parcel(the one in question) being designated as community commercial . The applicant
'i s requesting to zone the lower parcel Commercial Core III which is the zoningfor the commercial area east of the Phillips servjce station.
Bryan Hqbbs qroved ar:rd Diana Donovan seconded to recommend a
in
Tavor.
pec 12/?2/86 -2-
ByIl! tlo?bs moved, and Sid Schultz seconded to approve the request for a minor
Date of
Date of
I
Appl ication
PEC Meeting /2- zz - PG
APPLICATION FOR CONDITIONAL USE PERI4IT
I' This procedure is required for any project required to obtain a conditionaluse permit.
The application wiil not be accepted until all information is submitted.
A. NAME OF APPLICAN T
ADDRES\ S/ J> > i3( qe ./< Gon
PHONE /76- 2 >ss
?za- zsga
APPLICANT'S REPRESENTATIVE -**
O
B.NAME OF
ADDRESS
c.
PHONE
NAME 0F 0l,tNER(S) (print or
ot,lNER(s) : SiGNATURE(S)_
ADDRESS
' t)/.r? /L- {o pHINE
-7-a .- C/o-/. To a z-D. LOCATION OF PROPOSAL: LEGAL- LOT(,O,6 BLOCltjI_FrLrNG
L
$-s-
Irt-
ADDRESS
,oro&h013 ,*i7Cbg
THE FEE MUST BE PAID BEFORE THE DEPARTMENT OF COMMUNITY DEVELOPMENT I.IILLACCEPT YOUR PROPOSAL.
AW A list of t!g_1q1es of owners of alt property
INCLUDING PROPERTY BEHTND AND NCNOSS iTNEiTJiTHE APPLICANT I^IILL BE RESPONSIBLE FOR CORRE'i
II. PRE-APPLICATION CLAUSE
adjacent to the subject property
and their mailing addresses.
OWNERS AND CORRECT ADDRESSES.
A PRE-APPLICATION CONF-ERENCE I,IITH A PLANN]NG STAFF MEMBER iS STRONGLY SUGGESTEDT0 DETERMINE IF ANY-ADDITI0NAL tnronrlnrtor't is-llrlbrii."-ilii irppr-rcATroN ltill8E ACCEPTED uNLEss .IT-IS a0MCLEiE iMLiSi ir,rcilo'Elli-irri'ii irEquiRED By THE zgNrNGADMINISTRATOR). II-.{T l!1EA?pliinr'ri; i-nEsPONsIBLIii io_i,inxl AN APPOINTMENTr'rrrH THE srAFF r0 FrND
'ur Aboui' liooiri.il\L'IuB'iiini"nltuinEMENrs.
fhFT5,,yls^lfll Lq+F+gF.ltp*gAiigl_Ir ll STR_EAML TN E rHE Ap pRovAL pRocESS
Fpl #V*"ligi,':L"JFmtf 9, ill5 l$i : l_ii. ioN DiiioiG d;
-nen i6vii.ilXy"fi ;frrf.lfilnulfiliftF; rALL
coNDiiroi'ii ijF ipi;novni"i,iuii^Ei"c,inioiili';iin'J#;JiBUILDING pEmIii'H ISSUEd:
OVER
II . Four (4) copies of :;:: :cij.cwing ilfornation;-...4\
W t-3':::itll:: :;_:le-precise natuire or rh-. i:::;::sd use ar:its operiting charactlristic"l-"ia rn,jtrs,j:,_a;- :::':::'j:. :Il'*ur-e{.J-5Lr(:sr dlrd. rn,itrs,i:,-,-i:r:ccej to rIL:.:Ene us: compat::ie with other prope::-i; j ^i. :---. j vr-::_na:, "
III. Ti.me requirements
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. B. A site plan shc:v!.rg proposed deveLop;i€r^: :; ::t= site, in:._._,.:.a;1g., n topcEraphy, buildt,is' roliri;";;";;;;,-; ;, _.:::c cj_rcur:__:._::,.t ' { useable open space, Iaredsc"p.a'J;.;-;" ;:-i_ities and d;a:::age;- feattrres. t ''
_-__.-- 9--5, (,i.. * ;g-4lL.r.gl Ctllg. {J' r'4SI) ' " -0rrfi',,'p1 0h6. :( c'l'/lptelinr-inary uuTidiflgr ii."9 and elevar:-ons sufficient to ir:iicate\+- the dj:nensl_on=, g"iJrii
"ppearanceT scBl€, and jlterj.or pran of.. , . ,,'... al1 buildings- - -_--
,
D' 'Any add=itional- matgrial necessary for the review of the apprj.cation
,ri,
as determined by tire-ionins adniiist;";;r.
_ Tae-planning and Environmental Commission meets. Mondays of each month. *--"inairation with thematerial rnust be submitted f;;, w".:." ;;i;rJ"meeting.
on the 2nd and 4thnecessary accompanyingthe Clate of the
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CONDITIONAL USE WORKSHEETI
T0: Planning and Environmental Cormission
FR0M: Cormunity Development Department
DATE:
SUBJECT:
APPLICANT:
DESCRIPTION OF PROPOSED USE
18.60, the Community Development
the conditional use permit based
Department recommends
upon the foilowing
CRITERIA AND FINDINGS
Upon review of Section
(approval/denial ) of
factors:
ecti ves
distribut'ion of
upon traffjc wjth articular
safety and convenie traffic f
rKs and recreation fac
ot snow trom the stree and parKl.nq areas.
s. maneuvera
Conditiof Use Worksheet ?
rofEffect u the charac
ncludin sca le an
which the proposed use is to be located
use in relation to surround uses.
and criteria as the ission deems applicable to the proposedSuchgther factors
use.
environmental impact F9!cer!j=!g-!he proposed use, if an environmental
ln / FTNDTNGSJ
The Conmunity Development Department recommends that the conditiona'l use permitbe approved/denied b'ased on tne ioiiowing finaingi, - - - --'
That the proposed location of the use fs in accord with the purposes of thisordinance and the purposes of the Jiitrict in which the site is rocated.
That the proposed 'location-of the use and the conditions under which it wou'ld beoperated or maintained woutd not be aeiiimeniai t; ih; ;rbi'ii n.iiiii,';.;;;i; ;;welfare or materiaily injurious to-properties or id;"il;;;s in the vicinity.
*:l"lr^otoposed use muld complv with each of the appl'icable provisions of this
" ."r**fii
trn LlcBrl-de ha.s applied
rdi'a condrtr.ona.l use permit to arrow conversion of anexisting dwelling unit to eornnercial space on the second f'oorin comrnerciar core r Zone District- said building is l0catedon Lots c, d, and E, Brock 5, vail vir.lage First Filing.A'plication has been made in accord with section 1g .24.o40.of the Town of Vail Lfunicipal Code.
A publlc Hearing will be held before the Town of VailPlanning & Environmentar commission on June 13, 1g?g at 3:00 p.M.ln the Vail Municipal Building. Said. Hearing will be heldin accord with Section 18.66.060 of the llunieipal Code.
T OF COI,IMUNITY DEVELOPMEN?
a S.?oughillZoning Ad.ministrator
PunftsfreC in the VaiI TraiL May 26, tgZg
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ua department of community development
June 16, 1-97A
box 1OO
vail. colorado 81657
t303) 476'5613
Mr. John l'{cBride
IO5 Pacific
Aspen, Colorado
'Dear Mr. tr{cBrlde:
' .'Your request for Conditional Use Permj't to a1low converslon
,.,of apartment unit to office ot tuitir space on the second floor
.of 'the l,IcBridge
-e"iiai"s in-vail' .c"1"f93 Tl:^btotuht before
the Planning & E;;i;;;;;ntal Comrnission on June 13' 19?8'
This .letter constitutes notificatign tr.ra|-L?i:-:::l:it o"t
u.',,' lii';;:i= ;";";;;; ;";v-; ;; -Pi;ii
i"f ^&. ::T:::"ff ll.lBffiil'3:l:;";; tiiE'i';;;;''";'! ;i i; ;;.q.* :1:::3u,.ln3l*lo"
;ffi'fi Hi"l"nit"i.^it'"i -i'"-
:i*il."t:':::9.:Yi"iiuoin3"i3;ffi* fi:"3li; ;;;i;;;";-;;a*- ri'1 91i1i"-?, ?'*^'*:"X:"*P!L.f$ LIle s ir.urr= vrrJ . reirent Will be heafdicafe. The offsite parking requrr r .r..-^ r,1 :le,jf;flfnE"iii r ii'I'"";il;; 1-;i ! l:i" F:I : l*. ?Lt"';"'-oi,l3li3lu" tf; .' ?li"' i"il tl;": ;i ;; ; i;;- "' i l*l-liT ; - ^Tn?-:
t ??"^i"*e"$";l:"iiEi'Xi'i"illtiI i"i' a"i' i"" ylit..l"-I :"*]., I "*^510 )
X";:';;;#"5ii"3-ril" igie-ii not appealed to the vail rown
Council
Zoning Administrator
DST/gew
COMMERCIAL CORE I
maintain the exisring character of the area:
18.24.070 Conditionrl uses-Facrors3ppliceble. .
.^_Il:9"r19:Ang., in accordance wirh Chaprir 18.60, an application
::ll c9nortronal use permir wirhin commercial core I disrrict, theIouowtng developmenr factors shall be applicabte:
(cct) DrsTRrcT
(;
1. Effecrs of vehicutar traffic on "orn*drti"f coie f disrrict;! Reduction of vehicular traffic in "ornrn.r.i"f
'"or.-i-ji,.i",;
-C. Reduction of nonessential off-streer o;;ki*, -
I Control of delivery. pickup.
"na ,.iul.. u.'r,].f"r,
:. Developmenr of public spaces for use by pedestrians:r. Lontlnuance ol the various commercial, residentiat, andpublic uses in commercial core I district so as to mainrain rheexisring charactcr of the area:G. Control quality of consrrucrion, archirecrurat design, andlandscape
,
design in commerciil core I disrricr ,i "l to
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REF JpHN ITcBRIDE REQUEST FOR CONIIITIONAL USB pERillIT
Alqo OTTSITE PARKING - IIcBRIDE BUILDING
:
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John },lcBride has requested a Conditional Use Permit to al1ow
an existing chvelling unit located on the second floor of
approxinat"ly rr+o !q- ft. to be converted to more cornmercial
"pu." for Goisu.tt, f-,fa. 'At this time they have not decjdcd
rvhet5cr to use tfr6 ipuce as office space or additional retail
space. The conversion to either contmercial use would require
payrnent for two offsite parking spaces for rvhich Council'
must set the fee
IYe have rirestl-ed rvith the employee housing in the Vail
Village Core for nany years- The debate has been long'
and at times heated,-t,ut rvith the Horlzontal Zoning ordinatlce
webelievethattheTolvnhasfoundatleastonen.}casureto
control corn;lercial expansion. I don't think that anyone
- felt that rvith ttre pais"ge of the ordinance the problem-ivould
be solved. The-il"p'"ito"it of Conmunity Developnit:nt feels
there is a significant social attd economic or safety benefit
.tothealeabyhavingfull_timeresldentsoccupyirrgdwelling
units in the bore. if a proOlem developed it could be
dealt with mole efficientlY.
ourditemmahasbeenandcontinuestobehowtoSubstantiate
tl:e need for tlris type of living unit' A11 of us involved
in the initlal- horizontal zoiring felt intuitively that existing
iong-tett dr';elling units should rcmain' But, lr'e have no mealls
to iake a non_jntiitive decision, only experience to date.
Again, rve suffer fr.'om a lack ot irre-{i"!: or a more obiectirre
mEtno& of cvaluating indiviclual applications'
The follorving is offered at least as a step to provide a
f"rr"i"Jt-i"?;.r"ii"n on rvhi.ch rve can base a decision. \[e believ<
the issue of permanent housing in Cornmercial Core I to be
funclamental to our planning eifort' It is evident from the
discrrssion to Oate lhat 1ve lack clcf initive crite'r'ia for juclging
the merits of certain types of proposed changes.in use' Norv
that the parking issue iras finafly been r-esolved in CCl '
eacl applicatioi nrust be carefully cotrsiclered o' its orvn merit'
T5e baiic motivating force behind the horizontal zon j.ng ordilrlrnce
lras a rccognition tltat long-terrn housing iir the arca is benef ici-z
t
ttlt
l3 Jtrnc I978
to th{r trc:rl ttr ' silf ety and 1\'L'1f are of the comnrunity ' IYe do
Dot believe that this philosophy has bcen altered since
the orclinance \r;as adopted. If we do trot have agreement as
to these underlying philosophies, then the ordinance shouldbe seri.ously reconsi dered and amended. Ii'e liave spent con-sj-derable time in trying to isolate this request fronr othersimilar alrplications in the area, some of s'hich have beenapproved a,nd sonie that have been dcnied. \fe cannot rely onexperj ence fron other conxnunities, because there is no othercomparable. Should this request be granted, i-t must be proventhat any mitigation effort would not substantially improvethe living quality of the area and that the unit is notessentlal to the health, safety, and rvelfare of the neighbor-hood. The pot.ential impaet of further reducing the dwellingunits in the area rrrust be carefullv consider:ed.
Relatiorship and impact of the use on developrnentobjectives of the Town.
The applicable development objective under the HorizontalZoning Ordinance that is of concern in the request is thecontinuance of the various conunercial , resident j.a1 , andpublie uses in Commercial Core 1 so as to maintain the existingcharacter of said area.
' Our plincipal concetn rvith the conversion of this typeof unit (GRFA over 10OO sr1 . ft.) is that it is a relativelyrare housing type. Of the total estimated GRFA allocatedto divelling or accornmodation units (263,296 sq. ft. or
64.62Yo of total estimated sq. ft. in CCl). This housingtype accounts for approximately 25 units or less than l0%of the total esti.mated sq. ft. in CCI . Due to the l-irnitedavailability of this housing type,'we belleve it would har.esignificant irnpact on the desirable mix that is currentlyexisting in CCl .
The staff has reviervedaccording to Section 18.600the follorving cornnrents :
FACTORS
Our principal concer-n untierdistribution of ltopulation. \t'ethis unit rvotrld bc conrlucivc toresi(lents to rrse the unit, rvhi ch
the Conditional Use Permit requestof the Zoning Ordinance and have
this factor u'ould be the
br':lieve that the size of
encouragement of permaneDt
we feel is'dcsifable.
2. Af fect of the use on light and air, clistributionof population, transportatj,on facilities, utilities,
. schools, parks and r.ecreation faeiliti.es, and otherpublic f;rcilities and public facilities needs.
t-' .l
''i t';
:!- ,i,l f('ct uI)on tr:rf f ic, rvith particular ref erenc€|
. to congestion, automotive and pedestrian safetyand co:rrrenience, traf f ic f lorv and control , access,
man euvel-:,bi li ty , and rentoval of snow from thestreets and pai.king arcas -
Il'e foresee no major conf rict rvith these considerations;ho'ever, the use could involve additional delivery trafficif the space is used to expand Gorsuch l.,td. retaii space.
4. Affect upon the character of the area in which the .proposed use is to be located, including the scaleand bulk of the proposed use in relation to surrounding. uscs.
Ife see no conflict rvith this provision except as out_lined above.
5. such other factors and criteria as the commissiondeems applicable to the proposed. use.
- Previous applicants.have coniplained of the noise probrememinating from the Nu Gnu which is located below the dweltingunit in quest.ion.
It is of concern t<t the staff that several clrangeshave occrirred rvithin the llcBride Bui)ding and in the A & DBuilding rvithin the last several years. In 1974, anadditional 750 sq. ft. rvas arloca-ted for the country Flairshop u'hich had been a divellir.rg nnit. In 1g./b, a requestv"as made to convert an additional 1764 sq. ft: This proposal .was later withdraivn. A^ du'eIl ing u'it ivas convelted t-o ,io.rgejust prior to the adoption of the Horizontal zoning amendmeni.
conditioral use permits in ccl also require that rve re'iewthe follorving developrnent factors in accord ivith section).8.24 -O',tO.
Affects of vehi.cular traffic on Cor,rmcrcial Core l_distli ct .
Feduction bf vehicular traffic i_n Conrmercial Core Idi st ri ct
Rcduction of nonessential oif-street parking.
Control of deLivery pick-up, and service rrehicles-
3.
....,. . -':::: :;= -'-'"' -:-:" ;; i'-'a;;irrans '
i<-, r ttse trY
d.mi; l
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1r 'llse rcv P"---
" ?:t-il:*:"q#fjintt**:: il'*i"'ui;
to maauua"'" :tiont ?tl!11"?ttiSttt:?:*"
? . cont ror .nyil:ttu.:iu;"1;till;;;;i'1 cor e-_1
^dand landscape.l?:tgl^t:"Y:tfi;";f,"ra"t"r or the area'
;;-"s to mainlain the exi-s'
8. Affects of noise' 6dor' -9:""1;,:T'E:':^i illil'l?lt"'"
on the environment of Comm
rhe following is a sur'mary_"1.=tti:; *;T; H i;:t;:;.
**ttii"Eri'i'npotti"t to consider as ur'rr-J s.-r:-'
faetors residents
1. Noise j.s one of the,mal:i"ni:ot""Hrl?ii.:-'Llia;'ii'r
in tilu -coTe a:rea- rvhich contrlburei r'v 4 --o
'lrroit""ttnt in the core
- a. Deliverl' vehi-clet!- -^b. n"=ttii'l"i-""o tlrt loi-1e; :
' ;' S""'i""rfintil??i"td' Pedestra?l:ii:i:-'I' i"t" night drunks'
rhe tr'o maior sources'"I-i"i:; l;i:::tl3: t: ii;::jj:-
in u,e 't"a 11:--ffi:f,":fi1:"?:: ;;il^;;;" *??:=,and windorvs-"ipiiti"a
Tl:isound proof ing, "t=ti'Jti"i.t
itt" nisht drunns'
"" :':::il' .,*0'. *hen s i ve :i::vl =*l; ;" ;i:;:31 il='r3Iu r"
wrrici i"oi"it"a ih"t to"ttd lev
the area \tere:
Decibels*
30-40
41-50
51-60
61-?o
71-80
% of time Period*
50%
45%
+1"
o. e%
0.1%
% of time
1-? P.M'
n,'ili'1-=-g-a.!a,3-9 A.M.
30-4O
41-50
5L-60
61-70
?r-80
50%
48% .
r%
. o.e%
0. r%
measurecl frbm znd floor
so%
49%
o. e%
o.1%
o
ofA&DBldg'
so%
4A1o
a%t.*
o
' '':
. lworst case daY *
o
?ffTi".,..'.r.'t ror
Offslte Parking
Cotrdt tlon.al Use Permit &
- IlcBr1de B1dE-
Noise Lejvels for a Zl-hour period
Maximum 80lrledium 45l{inimum 32
2. Traffic.
a. Parking: The permanent residents of thecurrently have the problem of finding adequatefor their units. The lack of ad.equate paitingthe full-time residents discourages proipectivetenants from living in the area.
b. Deliveri.es: lve feet that more traffic is
dB
dB
dB
13 June 1978
area
parking
for
probably created by permanent residents in this instaneesince the proposed commercial space is an expansion ofan existing business and would not require new types ofdellvery vehicles in the Cor'e.
After careful consideration of the impact of the conversionof this unit, and all factors, the Department of CommunityDevelopment reeommends approval of the Conditional UsePermit and further reconmends that offsite parking beassessed for 2 spaces in the same manner as Hong Kong cafeand Cyrano's.
a
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a-cCnt OwnerE
Gorsuch Exterlor Alteration
I'llr. TEd Van DetfoudeArts Capital Servicesf9 Broadway, 2lst Floor
New York, Ny t fr
2. Pepi Gramshammer' Gesthof Gramshammer2ll Eeet Gore Creek DriveVail, C0 8L657
ilr. Sam Garyl5 Village Road
Englewood, C0 80110
,.
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Ulo C^&*ri,,.n' }o""
h*nV'4
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* Brondess -Codmus Reol Estote, Inc.
281 BRIDGE STREET . VAIL, COLORADO 81652
OWNORS LIST
ohn W. Logan stmt. to lessee:.0. Box 926 . Cactus Al1eyail, C0 81658 953 S. Frontage Rd. Wes: 303-476-6374 Suite 302
Vail, CO 91657
Bus : 3O3_416_2559
elga of Vail (ttelga & Warren l,u1is)34 E. Gore Creek Dri-veail, CO 81657us: 301-4 76-8004
es: 303-476-5385
ll4
#r0
/ll r
#s
Brandess-Cadnrus lteal Llst-aLc, l rrc.281 Brtdge Srr:eeE
VaiI, CO 81657Rus: 303-476-145O
The Gold & Silversmith of V:ril (Gay &P.O. Box 385
Vail, CO 81658Bus: 303-476-3131
Res: 303-949-6645!lgr: 303-949-4326 (Janelle tsixler)
Spraddle Creek Land & Development Co.c/o Paln Beacher Newspaper
329 Royal Poic lana plaza
Palm Beach, FL 33480
Bus: 305-655-3880
r'
BRIDGE STREET CONDOMINIUM A S SOC IATION
llt J
P
v
R
H
2
V
B
R
#2
ll6
(l"lar Ea & Mark Cadmus, and.Leo Brandess)
Jim Cotter)
(David Williams)
stmt. to lessee:
CurrenEs Jewelry (Robert {i I}arb:rra Det,uca)P.O. Box l47l
Vail , CO 81658
Bus: 303-4 7 6-3322
REAL ESTATE (303) 476-1450. DENVER TOLL FREE 893-3101
RESERVATI ONS 1 -8OO-222-VAIL
,6:
,
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BRIDGE STREET CONDOMINIUM ASSOCIATION
#7
#8
#t2
. OhINERS LIST
Uilt is of Soowmasg, lnc(Uil11s Akin)
170 E. Gore Creek DriveVall, C0 8155 7Bus: 3O3-476-6967Res: 303-949-6496
Fir6 t Frankl in Financia1
Mr . $Jt111an Moore
Bus: 303-4 7 6-5222Res: 303-476-6760
stnt. to:
Frankl ln Savings Associa t ionAccounts Payable Dept.,Arcn: MarLa SalgadoP.O. Box L723
Austin, rx 78767
#14 708 Congrcss AvcnueAustin, TX 78701
Bus: 5f2-469-8011 (Tom Smith)Res: 303-476-4565 (#tZy
303-476-4586 ulL4)
#9 BankAmerica 'Realty Servlces, lnc.David lJ. Bales, Sr. Vlce Irresident
555 California - 42nd Floor
San Francisco, CA 94lOA
. stmt.. to lessee:
Candy Dunn
c/o ValI Assoclat.es, Iuc.Accounts Payabl e Dept.
. Box 7
Vail, CO 81658
Bus: 303-4 7 6-77 97
#15 Barbara Thoma s
2603 Mercantlle Bank Bldg.Dallas, TX 75201
Bus : 214-7 48-8227Res: 2L4-351-3L77
Va11: 303-476-3042
t
August 3t, 1983
Town of VailVail-, Co. 81657
Attn: Jim Sayer, Planning Department
Gentlemen:
Thie letter is to advise you that I approve of Dave
Gorsuch's Building plans and it is agreed that Dave
Gorsuch may go ahead vrith his project.
JPMcB: jnr
t
AI RPORT BUSI N ESS CENTER . 1 05 PACI FIC AVE. ASPEN COLORADO 81 61 1 . 3F,92FIO2
lnun
75 3outh frontaga ?o!d
vsll, colorado g1657
(303) 476-7000
November '15, l9B4
offlcc of oommunlty dewlopment
John McBride'105 Pacific
Aspen, Colorado Bl6ll
Dear ,John,
Ft.]9r:9 is the only_agreement the Town of Vail has with you whichls rn the form of a letter from Jim Rubin on May 30, 1979.
Also.enclosed are the building-perm]!s for the slifer and GalleryBuildingl. .If you contact raitb vatiey rngileeringl'+70_+air, voucan obtain i.mprovement surveyi for theie uilliaingl.l' i'wouil have toto xencx and tape to make them, and can onry rind tne-siiier ru"vey.
I
Secretary
br/
Encl.
?ls atcv
box 100
vail, colorado 81687
(3031 476-5613
llay 30, 19?9
/1tt /r. t tc.
"/'
Zoni:ag Adainistrator
cc: Rich Caplan, Town lihnager
Dick Byan
Rod Slifer
Scott Hopmn
department of community development
Ron Riley
Box 91OVall, @ 8165?
Be: Pavecent of Driveway Behtud lr,IcBride Builcling and ore House
Dear Ro:
TF*- Etlq" is to give yor permlssion to pave the drive,vay behjndthe_McBride Building and the ore llouse, ITe understand that there
1ril} b"_ a gate placed 1t the r4per end. of this driveuay, o,ti.t ,iffll-uit tbe access to only deliGry vehicles, the g""r"g"'d"k, scottfforcn and Rod slifer. Dre to this being i ri-iIeo ri."*r-o"iuor"y,re mrld- 1ik9 th9 paving surface not to &ceea lo feet and a plantedarea to be placed on both sides of the a"sphalt. we rpould a16 requestthat scrm barrier be p1a9ed alcng the uultr siae of the purr.iog "r"uto stW vehicles frqn going onto the gra^ss.
As a firtber condj.ticn_of tlis appro'ar, we would rike you to land.wapethe strean bartJr alcng Gore C?eek..
we rculd appreciate seeing a plan for tbis area before Jrproraementsare started.
If you harre any questions, please let me loow.
Slncerely,
tl
'r,l*. lt-to-, (i.
Jases A. hlllin
r
75 south lrontage road
vall, colorado 81657
(303) 476.7000 olllce ol oommunlty develoPment
TO:
MEMORANDUM
Rod sljfer-sljfer Bui'lding, Ron Riley and Mike Staughton=(allery
f,lll'1ffi ,::il,H3';li' llln:'v;,.:!'iifi!'*3?*i-Bli#ffi-A&D Bu i' di ns,
Stuart Green-BFI, and John Perkins
Peter Patten, Town of Vail
September 25, 1984
F'ina1 Meeting on the Trash Compactor
llelnusaiy, OitoU.r 3,-lta4,-8:i5 am, Sma'll Conference Room, Municipal
Buiid'ing, Town of Vail
FROM:
DATE:
SUBJECT:
At'long last it appears that there is agreement on the-'location and the
pirticipants tor iire tiasn compactor to be located on Town-of Vail.property
Ul;';i';ii;-O"i'H6us". -[t i[a'meeting the proposed site plan and-building
ilevations wiil I be revielved, as wel 1 is the-revised-percentages of each
party,s part'icipation. '-it-is inticipat.i"ir,ii'i[I-n'a O euiiains .wi'11 .
bartic.ipite in the compactor if apprbval for remodeljng is granted; this
iril'l te!sen costs for each participant.
Also discussed will be fina'l arrangements and agreements between a'l 1 partici-
pirir in the "trash iisoiiition." -Please be prepared a! tle meeting with
lnv-UacLground work i;;i;;-ie;ponsible for so'we can make final decisions'
ili"e g"ii-ts to get t"hi;;*i;aioi tn is soon.as.possible--one quite attainab'le
ii-tfiii point ii-we-moie-iJl'wird quict<]v. Thank's for your participation--
we'll see you WednesdaY.
troul rrchitects inc. aia the clock towervail coloracb
H476-1176
f
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Proiect Name:
I Project Application * :fP:fxt
X --1 / liAr
Architect Address and Phone: + lb- li i@
L6gal Description: Lot
Owner Address and Phone:
g*FbiTE Filing
Zone:
Zoning Approved:
Design Review Board
Date
Motion by:
Seconded by:
APPFOVAL DISAPPROVAL
Sum mary:
Chief Building Otficial
'.1 o
Aox lfl)
vail, colorado 81657
(3031 47es613
l"tr. John McBriile
Airport Business Center
105 Pacific Avenue
Aspen, Colorado 81611
Re: Clock Tower Building
Dear John:
I received your note last week, and have no knowledge of Town council aPProval
io" tt" porch expansion. I would suggest that we get together' review the
or*, "tti see if they are still an appropriate design for this area' As you
["o*,, afr" Town now has an Urban Design Guide Plan and Design Considerations
for Vail Village. Your proposal foi change must colBe undel these guidelines'
Before any r,rork can start on the porch, approval nust be granted by the Design
Review Board. We will need a sur-vey showing the existj.ng proPerty line and
current inprov ernent s on Town ProPerty.
As you know, the Town is in similar financial difficulty as Aspen. ltle are
,rot'goitg to do nany caPital improvement Projects-this-year' The Town is still
"onrld"ri'g a special irnproveneirt districi to fiurd landscaping Pavers and other
inprorr"r"nis foi Vait Viilage. This would probably not be j.n place in 1981
to do these inprovenents.
Two other issues I wanted to write you about, are the stTeet lights in front
of Gorsn.h, and the conversion of the nesidential unit in the clock Tower to
office use. The Town has recently placed a new street light at the colner
of Bridge Street and Gore Creek Drive (by Gorsuch) ' We. would like to take
doym thE two old fights in front of Goisirch. They are broken and do not work'
I understand that yot t"y own then. If true, do we have your permission.to
renove then? There may L" to^u other broken lights on Bridge Street, and we
would also like to take thern down.
It has been reported to rne that there has been a conversion of a residential
unit to office space in your building. If true' this has- been done illegally,
and you need to ilear this up. One option is to return this to residential ,
whill the other is to go thr;ugh a co;ditional use review to convert the space
to office use.
department of community development
l,larch 16, l98I
l,lcBri.de page two frufq,
Let rne know when you plan to cone to Vail so vre can discuss your
inProvenent s and other projects.
Sincerely,?r4*
DICK RYAN\
Comunity Developnent Director
DR:bpr
o
LEASE AGREEMENT
Effective 0ctober 21, 1981., the Town of Vail, Lessor, hereby leases
io tfre Clock Tower Inn Resiaurant, Lessee, that parcel of property
wtiif is occupiei'Uv tt'"-ito.k Tower patio on.Bridge Street ]!-ll:ntof the Clock fower-"UuiiJing. The 'leaied premises. are more Pafticularly
it'otun on the map-whiit is ittached hereto as Exhibit "A" which by-
this refer"n." Uuil*ei " part hereof. The term of this lease shall
U" on" year but fi ;;y be'extended on a year-to-year basis subiect
to automatic renewal -un'less notified by Lr'ther qar!{ at least n'inety
(gOj-oivs prior to the effective renewal date of th'is agreement'
In return for this lease, the lessee shall:
1. Indemnify, defend and hold harmless t
claim, liiuitity" ob'l'igation, loss, d
( i ncl ud'i ng death ) , assessment, i udgme
(including, without limitation' reaso
ind costs-and expenses reasonably 'i nc
preparing and deiending any litigat'io
iuit, pr5ceeding, demand, of anY kind
out ot'or in any manner incident, rel
to the lessee's- use and occupation of
he Town from anY
amage, injurynt, cost or exPense
nable attorneYs' fees
urred in investjgat'i on'
n or claim) ' action,or character, ari si ng
ating or attributabl e
the leased Premises.
4. The lease rate shall be $1.00 per yelr p1yab19
.of Vail,75 South Frontage Road, Vai'l , C0 81657
than 0ctober 2l.st of each Year.
This lease agreement sha'l I inure to the benefit of and be
Uinaing on t6e heirs, successors, and ass'i gns of the parties
APPR0VED THIS 21st day of 0ctober, 1981
LESSOR:
T OI,IN
By:
LESSEE:
2. The Lessee shall be responsible for maintaining the leased
pi"*ises in u-tafe-and tleanly manner.including removal of
snow and ice, irash and other-unsightly conditjons. The
lensee shatl'assume all maintenanci responsjb'ilities which
may Ue requested bY the Town.
3. The Lessee shall remove the unworking
on the 'l eased prem'i ses no l ater than
the effective date of this lease and
any reinstallation of street'l ights s
thl Town's standards for street l ight
cost of reinstal'lation shall be subje
the Town and owner.
street lights located
thirty (go) aays after
further agrees that
hal I be consi stent wi th
s and the Payment of the
ct to negotiation between
to the Town
, no later
(L-,'sJ c c
I tt t.n', - ' l4:
"+ t'l.i t')
uJ( ( r C LOCK
By:
hereto are aPProved and accePted
ER INN RESTAURANTTOl,l
./'
/(. C,/.,- t1. tl/ y' '/ /.
ACCEPTANCE:
The terms and conditions
OF VAIL
anager
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75 soulh trontage road
vail, colorado 91657
(303) 476_7000
TjwN 0F vfiL L1CAL LLQU1R rICEi/SllJG ilnHORITy
Appttoved, June 24, 19Bl
office of the lown manager
,.
DECK MO PAT.I0 GuT?ELT.NES
LLc-enaee nuat havz dee4, Leate,^ on awi4nnent ad Letle gtunLlng {ur-e-and' comple'te n iah-t6 and' conrttol- doz the" o,stea pipotel, {"dL salvi4.e.
l,ttea o$ tenvite mutt be totalfu coitiiguouo to t-iteyued pzmitet.
\:-y.!y!yn tnad(ie aha.U- 'be a.t.Lwed thnoush anq pontion od the
A ULv.G-e alLea.
Tbe te'tLvj-c-e anea thou-td be bounded on alr ti-d.et bg a wax.L, pr-anteJL, uL{enee, 3k {eet luigh, ne.a-tuned {nan (Loott Levet- "----' I
rdQ-a.r]4., ont4 one openug iolL stlLeQ,t oz outt,Lde &cceal tlwu"Ld, bee?o\4: 16 moLQ. ths.n one ia al-Lowed, the gui-d.e.{.ine #6 wh,Lch [o!!nwt,dhou.Ld be applLel.
stneot oz outt,i-d.e- a.c.ceat ta thz aenvi,c.e aner" thou,Ld, be cov'tttoLter inAuch a mannQlL that the l-bensee h.a-s eontlLoX. o6 ne WEnins of tt ugpgyns. o'L a"ccQAs to the pnenide,s bq a mefthod""prr,rouui ai-inu to"olAlr\uLl.tA, wh,u,h mag ,inc,tu.de a gate on the pnu'ence o( ait enrploqeedunLng tenvice haMA.
Pylya weni'oes nutt open dinec.ttq onto the tenvire anea .in a- m,,thod.wn+c.h e0n60nnt to bwilding aJld. llea.Ltll codet (i.2., a doott ott tenvitewindowl.
?nem6es wluLeh Lrc.Lude poolt, ttecnestion a)Lea6, on glLound, thouT
l: ^,6uf:u1 ,?r4 !4?d ot the plope^tq t ine. Liin r' ;nii;dt-ot- aa*azcation,:il\.f ,Ahhub6, 4uq., .p!oFyt,. ch,eelz.t, wa.tQhrneA^, e.te., iaq be
conS'Ld.QtLQd on an ind.ivinual ba8ia in eentain aneaA'al Long a,s the,seprn'u ane apytnoved bg both the LLeenrira Au.tt"orrLi,l iia-tnle. gepannnet*
o d Comnuni.t tj O ev eloyrnent
Pniott to eo*iduta.tion.bq the.Au.thoni.ttl o{ anq ,Lequaat (ott appnovaL
0,4 1 :y :Fnu on a chanse od .ary eaititg oi,,uiie oeni,i.u'anen, thzr.LeenAee 6halu( Auhm.t.t ryxo"A. *.rd ^ilranfuwt o( the pn-opote.d contltols to
lh.z f o,1n o{ U^gt rupah.tunent .od Conmuilit4 DLvztopietrcnt (on- d,je*ennina_
Y^: ,o6- gorynt-i-arycre wi.th duign.u-i,twia.'. AU appLnea,tio,u jilel. 60,,nenLug bz{otte the Au.thon'i-tg tha.t}- incrude tlvi,s"wti.tten c,[-ei.zance.
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Page Two
10. Thue gw(lelinu, whene appnopainLe, thaL(. applq to the appltcation (on
nen Loco,.tiont, tltatu(uta, extetrAiont ott nod,L{ic.aLLont o{ 'the ptwnfue}.
Fx.FAng 9i-c-etuu. ao.zii.rg on dech.t and paLLot. anc hanebil .encounagdd to. bning the'in ptenitu 'in*} vofuntnng conipli:ance wieh thele gwid.otLnu
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I.This procedure
use permit.
The appl ication
A.NAME OF APPLICANT
ADDRESS &
APPLICATION
is required
wi]l not be all information is submitted.
Date of appt;cation Etl4be
-
FOR CONDITIONAL
for any project
accepted until
1&y4
USE PERI4iT
required to obtain a conditional
B.NAME OF
ADDRESS
APPLICANT' S REPRESENTATiVE
c.
nao 1
NAME 0F OWNER(S) (print or
OI1|NER(S) : SIGNATURE(S)
ADDRESS
&/06 PHINEJU:L4U|?j
PHONE
FILING
A\
D.LOCATION OF PROPOSAL:
ADDRESS
c,4e, .,
LOT / BLOCK hLEGAL.
E. FEE $100
THE FEE MUST
ACCEPT YOUR
BE PAID
PROPOSAL.
PAID cK#BY
BEFORE THE DEPARTMENT OF COMMUNITY DEVELOPMENT WILL
. F. { list of t!9_1qqes of owners of ail property. INCLUDING PROPERTY BEHTND AND ACROSS iTNFTiii
THE APPLICANT WILL BE RESPONSIBLE FOR CONNECi
II. PRE.APPLICATION CLAUSE
adjacent to the subject property
and their mail ing addresies.
OI.JNERS AND CORRECT ADDRESSES.
A PRE-APPLICATION CONFERENCE I.IITH A PLANN.ING STAFF MEMBER IS STRONGLY SUGGESTEDT0 DETERMiNE IF ANY ADDiTIONAL tnronlrnrton is llEroEii."-frii nppr-iceTI0N r.lrLLBE ACCEPTED UNLESS-Ir-Is coMPaEiE (urisr ir,rciuo'E-nli-irei,is iequineo-ey iHE-zoNrNe :,ADMINiSTRATOR). IT..IS THEAPPT]iNrui;i-Bq919N!i!riii iO-i,rqrE AN APPOINTMENT : :.ir.rrrH THE srAFF r0 FrND oUT ABoui AOoirior,rni"sueMiiini"n'Eq0rnENErurs. .r .
llEA:q NOTE THAT A.-!9Ue!IIE APPLTCATT0N wrLL STREAMLTNE rHE APPR0VAL pR0cEssFOR YOUR PROJECr ev-bEeREAstr,re iii r'ruusen 0F coNDriiorii oF nppnovAL THAT THE r
[uEf,-$fil.ulfl#iftis rShcoNDiTiorli oF nFi;noirni-i,iuii'[itoiipLiED rlrrH BEFSRE A
OVER
.Ftrr. r.our (4) copieb of the foltowing ilfornation:
1--u":glintion of-the-precise nature of the proposed use andr.Es operatinq characteristics, ind measures-pilpos"a to makethg ::" comparible with oir,".'piopurries in irre-vici:riry.
A site plan showlng proposed development of the site, includiag. toposraphv, buildi"s-r"liai;";; parking, traffic circularion,,
E::i",j:":pen space, -ran<iscif"I'.=u.,
and util*ies and drainase
. t'.-. : :c' Freliminarv-buirding plans and erevations sufficient to indicate
, .,i. :li giTil9i"".,-i""i.5illnnl"ru,,"u,. scale, "na inieii"i pi"i-"r
Any-additionar material necessary.for the review of the applicationas deterrnined by t".-io"J"i-iiiiii"trator.
IfI . Tirne requirements ' .
The planning and Environmental Cor,nission meetsMondays of each tnonti.- ai'appfication with thernaterial musr be submitrld f;;--;;;rl iii", t"rneetjlg.
A.
on the 2nd and 4thnecessary accompanyingcne date of the
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AD{'ACENT PROPERIY OTINERS:
1. PePi Gramshammer
231 naEt Gore Creek Drive
vail, co 81657
2, Ted Vande lfoude
Richard santali
George Prussin
39 BroadwaY - 21st Floor
Nevf York, NY 10006
3. Bridge Street Condorninium Association
281 Bridge StreetVail, CO 81657
Gordon R. Pierce. Architect. A.I.A.
May 5, 1986
Mr. Tom Braun
Town of Vail
75 South Frontage Road Westvail, co 81657
RE: Gorsuch Paving Plan
Dear Tom:
In regards to our most recent meetings and conversationswith Dave Gorsuch, I thought it woutd be a good idea towrite this letter to confirm our understanding of thecurrent status of the Gorsuch Sport Shop remodel plans.
As a brief history, on April 29, t983, drawings wereprepared by our office for a major facelift to theexisting building. The plan was accepted by the Town ofVaiI and implemented that year with excepti.ons taken tothe paving and planting scheme which bordered the ful1length of the building. The public Works Department had
some reservations about the ptanting of trees in thepublic right-of-way. The paving and planting was delayedat that time for further study. There were five trees
shown on the August 29, L983 p1an. Today, we haveslightly modified the plan to include only four trees,see drawing dated April 23, L986. To my knowledge, thisplan has been reviewed and accepted by the Town.
Most recently the Gorsuchrs proposed to extend theirpaving and streetscape plan to the east of the buildingincluding the alley frontage, existing street lamp andtelephone pad. The purpose of this additional work was toupgrade the smal1 area contigous with the Gorsuch propertywhich is currently used to acconmodate a public right-of-way to a dumpster as well as the pay phone facility.
The Gorsuchrs felt that this additional improvement mightencourage the Town to permit them to place some four orfive tables with chairs in front of their new restaurant.
The tables and chairs would be confined to only the newlypaved area within the limits of a portable fence.Although a portion of thls seating area would be in thepublic right-of-way, we feel that the improved streetscapeplan far outwei.ghs the impact of encroaching slightly intothe public right-of-way.
1000 South Frontage Road West. Vail, Colorado 81657.3O3/476-6776
'Iilr. Tom Braun
May 5, 1986
Page Two
t0e hope the Town staff favors this request because rdethat our town and aLl those who visit it would benefitfron these improvements.
feel
75 soulh lronlage road
vail, colorado 81657
(303) 475-7000
June 10, 1986
Mr. Dave Gorsuch
Gorsuch Ltd.
263 East Gore Creek Drive
Vai1, Colorado 8.l657
Re; Cafe Gorsuch Dining Deck
office of communlty development
Dear Dave:
As I am sure you are auiare, the Planning and Envi ronmental Commission approvedyour dining deck proposed at their June 9th meeting. The next step you need totake is to draft a'l ease agreement to present to the Town Counci'l for theirreview. I have enclosed a representative lease that you can use as a model foryour draft. Additional language I would request you add to this lease is:
1. Identify the dates the deck wi'l I be operational (as was discussed with
the Council, the deck is proposed for summer use only)
2- Specify the dates that the deck will not be permitted to operate (andwil'l be removed). l.le have recommended that the 4th of July (duri ng theparade) and the Coors Classic be restricted dates. In addition, I wou'l d
request language to permit the Town to add additional restricted days,
as they may develop, with adequate advance notice of these days given to
you.
Pl ease forward this draft to me at your convenience. I will then have it
reviewed by Larry Eskwith prior to Councjl review. in additjon, I would
recommend that you contact Pam Brandmeyer to schedule your Liquor Board
hear i ng .
I have scheduled this proposal for the Design Rev'i ew Board on June 18. The PEC
recommended that you inc'l ude planter boxes or some other type of sunmer flower^
ireatrnent in ccnjunction with the dining deck.
Please do not hesjtate to contact me with any questions you may have.
gi ncerei y,
Thomas A. Braun
Seni c: Pl anner
Ai'D: lpr
Enc-i csure
ta b
Sasthof
p6t'nJUN1B1986
Telephone: 303/476-5626firamshammcr, trnc.
231 E. GOBE CREEK DRIVE
vAtL. coLoRADO 81657
Pepi Gramshammer
Sheika Gramshammer
June 18, 1986
The Town Council
75 S. Frontage Rd. |ll.Vail, C0 81657
To the Town Council:
I understand that on June 9th, 1986 the planning Commission approvedan outdoor deck for the Gorsuch cafe, where dining tab'l es wi'l I be piaced
on town property.
I wou'l d like to appeal this decisjon to the Town Counci'l . Theclock rower building already has an easement on Bridge street for theirporch. This decision is setting a precedence for eviry business ownerinthe village.
Pepi Gramshammer
PG: bg
?T
A a--"n-rcLfiu r'r-lTDSr
Sasthof
firamshammel nnc.Teleohone: 303/476-5626
231 E. GORE CREEK DRIVE
vArL. coLoRADO 81657
Pepi Gramshammer
Sheika Gramshammer
JUNE r6, reB6
THE ToWN CoUNcIL
zs S. FRoNTAGE R0AD I.,.
VAIL, C0 Bl6sz
TO THE TowN CoUNcIL AND PLANNING C0MMISSIoNT
IT IS WITH GREAT INDIGNATIoN AND sTRoNG oBJEcTIoNs
THAT I WRITE THIs LETTER coNcERNING THE coNDITIoNAL
USE PERMIT oF GoRe CREET DnTVE AS REQUESTED BY
GORSUCH LTD.
I STRONGLY FEEL THE PEDESTRAINS wILL BE ENDANGERED
BY THE HEAVY TRAFFIC oN GoRE CReeT DRIVE, wHIcH IS
ALREADY IMPEDED BY THE UNLoADING zoNE FoR THE A. s D.
BUILDING.
A REMOVABLE FENCE AFFoRDS oN PRoTECTIoN FoR ANYoNE
SEATED AT THE TABLES AND INHABITS THE EASY ACCESS TO
THE BUSIEST CORNER FOR ANY TYPE OF EMERGENCY EQUIPTMENT.
THE FENcE wILL NARRow THE STREET To A VIRTUALLY IM-
PASSABLE BOTTLENECK, ESPECIALLY IF A. t D. IS UNL0ADING
MERCHANDISE. THIS WOULD INDEEO, BE AN INFRINGEMENT
UPON A PUBLIC RIGHT OF WAY.
THE LIOUOR LAWS DEMAND THAT oUTDooR DINING MUST BE oN
A ltAISED PLATFORM AND COMPLETELY SURROUNDED BY A
PERMANENTLY SECURED FENCE.
VAIL HAS MANY ESTABLISHED EATING PLAcES t.rlHo WoULD LoVE
TO EXTEND THEIR SEATING CAPACITY OUT TO THE PEDESTRAIN
AREAS oR STREETS. THE GoRSUCH REoUEST Is NoT TNLY oN
PEDESTRAIN WALKWAY-BUT ALSO ONE OF THE TOWNS HEAVIEST
TRAFFIC INTERSECTIONS. AND IS INDEED AN INVITATION FOR
A VERY TRAGIC HAPPENING SHOULD THIS DRIVEWAY BE REDUCED
AND FURTHER CONGESTED BY TABLES AND CHAIRS.
IF THIS PERMIT IS GRANTED THEN ALL OTHER RESTAURANTS
FACING PUBLIC WALKWAYS SHOULD BE GRANTED UNCONDITIONAL
PERMITS FOR OUTDOOR DINING.
HAVING BRoUGHT ATTENTIoN To THESE PERTINENT FAcTs I
SINCERELY HOPE YOU WILL GIVE SERIOUS CONSIDERATION TO
THIS LETTER OF PROTEST.
S I NcERELY ,JTNLEHtsLY'
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anning and Environmental Commiss-..-
Commun i ty oeviGirminf Dedifitnt
June 9, 1986
A request for a conditjonal use permit jn order to establjsh anoutdoor dining deck at the Cafe Gorsuch along Gore Creek Drive.
App'l icant: Dave and Rene Gorsuch
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I. DESCRIPTION OF PROPOSED USE
The proposed use involves the placement of a small number of d.in.ing tablesimmediately in front of the Gorsuch buiIding to be served by the cifeGorsuch. The tables would be located on the newly instal 1ei pavers thatfront the Gorsuch building along Gore Creek Drive. A removabie wrought ironfence is proposed that would define the limits of the outdoor dining-deck.
The Plann'i ng commission shou'l d be aware that the outdoor dining deck islocated predominantly on the Town of vail right-of-way. The Gorsuches havepreviously met with the Town council at a work session to discuss thisrequest. At this meeting, the counci'l gave the Gorsuches approval to pnoceed
through the review process with the understanding that the bianning
commission is actual 1y making the final decision concerning this riquestthrough the conditional use review process. It should also be noted that the
'-=:-
Request for condjtional use permits'in Comrnercja'l Core I are reviewed with aspecial set of criteria designed to ensure that the use is compatible withthe specific characteri stics found wjthin the vjllage core. These criterjadiffer from those comrnonly used in other conditional use requests. Thefollowing is the staff response with respect to each of these criter.ia.
II. CRITERIA AND FINDINGS
upon review of Section 18.60 and Section jg.?4.070, the community Developnent
Department recommends approva'l of the condjtional use perm.i t basld upon lhefol lowing factors:
TO:
DATE:
SIJ BJ ECT:
applicant has requested this dining deck for the surnmel months only.
A.Consideration of Factors
Effects of vehicular traffic on Conrmercial Core I distr.i ct.
As stated above, the dining deck.i s proposed to be locatedpredominantly in the Town of Vail right-of-way along Gore CreekDrive. After reviewing this proposal with the publ ic Works, F.i re,
and Police Departments, it was concluded that this encroachmenr
would not create signjficant impacts on the vehicular circulation
'i n this area. The potentia1 of negative impacts on vehicularcirculation has been mitigated by the removal of the loading zoneacross the street from the Gorsuch building as well as by the factthat the deck is proposed to be operated only during the summer
months.
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2.
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4.
Reduction of vehicular traffic in Cornmercia'l Core I Distri ct.
It is not anticipated that this proposal , if approved, would cause
a reduction or jncrease in vehicular traffic in the Village area.
Reduct'ion of nonessential off-street parking.
This proposal would not affect any reduction in off-street
parki ng.
Control of deliver.v. pick-up. and service vehic'l es,
The location of the outdoor dining deck does not directly impact
any existing service or delivery areas. The Cafe Gorsuch is in
operation and the proposed dining deck would add a small number of
seats to this operation. It is not felt that this would creare
any additional burdens with respect to loading or del ivery
requi rements.
5.
The djning deck,
limited to those
and seating area
the southwesterlywiII continue to
while located on Town right-of-way, would be
patrons of the Cafe Gorsuch. However, the bench
provided by the Gorsuches would be maintained at
corner of their property. This seating area
be open for use by the general public.
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tinuance of various c denti a ublic
uses ln uommerc e existi
Over the past few years, the staff, Planning Commission, and
Council have been faced with numerous requests to enclose or
eljmjnate outdoor dining and public seating areas in the core.
With this request, we are faced with an applicant who is proposing
the addition of a new outdoor dining area in Vail Vi'l 1age. Thestaff is very supportive of this proposal because of the positive
'impacts it will have on the street life and activity generated
along the streets of Vail Vi11age.
7.Control oual it constructi architectural desi
and o ntai
The proposed improvements in conjunction with the dining deck arefairly I imited. They involve the instalIatjon of a movable
wrought iron fence that will be compatible with the existing
wrought iron found on the Gorsuch building. The simpleinstallation of tables and chairs will constitute the dining deck
Related to this deck are the pavers and street trees that were
installed earlier this spring. These materials and improvements
are very compatible with the development in the existing area and
add to the high quality of design and development that is desiredfor the core areas.
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Gorsuch -6/9/86-2
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B. i!.rch other factors and criteria as the Commission deems appljcable to
Ene proposed use.
III.
As has been stated, the outdoor dining area will contribute to the ambiance
and street life found in Vail Vi11age. This will serve to foster the
continued success and growth of our summer and shoulder seasons.
IV. URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATIONS
The Urban Design Guide Plan and Design Considerations highlight a number ofcriteria to be considered when evaluating dining decks and patios (see
attached copy). lllhile this proposal is compatible with some of theseguidelines, it is also in conflict with others. For example, the dining deckwill benefit from direct sunlight during most of the day throughout the year.It is sjted to provide the users of the deck the opportunity to be seen and
see the activity that js taking place in the core. This contrjbutes greatly
to a much richer pedestrian experience than if the street were void ofactivity. 0n the other hand, the ideal dining deck shou'l d be slightly
elevated wjth a strong physical separation from the pedestrianways. I.lhilethis dining deck is lacking in these two factors, it is the feeling of thestaff that its location and other positive impacts far outweigh the
shortcomings of being elevated and having a greater physical separation from
the street.
V. FINDINGS
The Community Development Department recommends that the conditional use
permit be approved based on the following findings:
That the proposed locatjon of the use is in accord with the purposes ofthis ordjnance and the purposes of the district jn which the site is
I ocated.
That the proposed location of the use and the conditions under whjch it
would be operated or maintained would not be detrimental to the public
health, safety or welfare or materially injurious to propertjes or
improvements in the vicinity.
That the proposed use would comply with each of the applicable
provisions of this ordinance.
Gorsuch -6/9/86-3
1-='g-r-e
VI. STAFF RECOMMENDATION
The staff recommends approval of this request as submitted. }{hile there were
some initial concerns with the proposal being located on the Town
right-of-way, the nature of the operation of this deck is such that these
concerns have been mitigated. It js felt that the deck will add another
elernent into the overa'l I fabric of the Village that contributes to its
pleasing pedestrian environment. }Jhi1e properly located, the deck is lackingin some design elements as outljned the Urban Design Guide P'l an. However,
the staff feels that the deck can be a great success, both for theproprietors and for the streefscape as proposed. The staff would recommend
the following conditions of approval to be applied to this request:
l. The Town Council shall formally review and approve this application.
2. A formal lease agreement shal 1 be signed by the applicant and the Town
Counci I .
The operation of the deck is for the summer nonths only. If the
applicant proposes to use this deck in the wjnter, it wil1 require staff
review and approval . Establishing the actual dates of operation wjll be
made by the applicant and the Council during the revjew of the lease
agreenent.
The applicant agrees to comply wjth those days that the openation of the
deck will be nestricted as established by the Town Council and these
dates will be incorporated jnto the lease agreement.
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3.
4.
Gorsuch-6/9/86-+
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DECKS AND PATIOS
9ilinS decks and patios, when properlydesigned and sited, orrng people tothe- streets, opporiuni ti 6s'to"i iol"anabe looked at, ind generalrv ioniritui"to. the liveliness of a bu;i ;;;;;;_""'making_a richer pedestrian""ip""i"n."
. than if those sti.eets weie eriiir'-':"=
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revea
- !]1ect sunlight from il:00 - 3:00lncreases use by many.days/year--
and protects frbm wrno
- elevated to give views
.!_q!q the pedestrian wal k (andnot the reverse)
- physical separation trom pedestrianwatK tptanter better than a wail)
- overhang gives pedestrian sca1e,/shel ter.
Decks and patios should be sited andoesrgned with due consideration to:
- sun- wind
- views- pedestrian activity
.;
review
Va il
22
T0: Town Council
FROM: Community Development Department
DATE: July '1, .1986
SUBJECT: Preliminary discussion of the lease agreement between the Town ano
Cafe Gorsuch for the proposed outdoor dining deck on Gore Creek
Drive
BACKGROUND ON THIS REQUEST
The PEC approval of the Cafe Gorsuch din'i ng deck has been appealed to the Towncouncil and will be considered at the Jul-v I evening meeting. If the pEC
decision is upheld,-a lease agreement between the Town and Gorsuches will berequired before the deck can be established- pending the outcome of theCouncil's action on this appeal , it wou'l d be beneficia'l to have a preliminary
discussion on three e'l ements of the lease agreement.
ELEMENTS OF THE LEASE AGREEMENT
The proposed lease will be very similar to the lease that has been used forVendetta's deck. There are, however, three factors relative to this agreementthat warrant discussion:
l- 7. Specifying the dates that that deck will be operated. (It has been
; established that the deck wjll only be operated during summer months.)
I
2. Establishing the days that the fenc'i ng will be removed and the deck will, be restri cted from operation (previous discussion centered on the 4th of
J+^ YrA July and the Coors Class'i c). Staff would reconmend that ianguage be
, "j.',-h included in the'l ease that would allow the Town to specify aiailional+ "- restricted days as was fe1 t to be necessary.
3. Cost of the Jeased sDace.
The staff would appreciate direction from the counciI on these and any other
issues relative to the'lease agreement. Given this input, a formal lease can beprepared for review at the July 15th Council meeting.
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LEASE AGREEMENT
THIS LEASE is made and entered jnto this day of ,1985,
by and between the TOWN 0F VAIL, State of Colorado, a municipa1 corporation, by and
through its Town Council hereinafter referred to as the "Lessor" and DAVID and RENIE
G0RSUCH dlb/a CAFE GORSUCH, herejnafter referred to as the "Lessee".
t.lITNESSETH:
IIHEREAS, the Lessoris duly authorjzed by jaw to admjnister and govern certain
real property hereinafter descrjbed; and
WHEREAS, Lessor is wjlling to leasd to Lessee the above referenced property,
together with such rights and privileges as are set forth in this Lease Agreement;
. and
WHEREAS, the Lessee is desirous of leasing said property and the improvements
thereon.
N0l.'1, THEREFORE, for and in consjderation of the mutual covenant conditions and
promises contained herein, the parties hereto agree as fo'l lows:
SECTION ONE
PREIIISES
Lessor grants to Lessee the use of a certajn parcel of real property location in
the Town of Vaj'l , County of Eagle and State of Colorado and more particularly set
forth jn the survey attached as Exhibjt A.
Lessee shall use said premises for a restaurant patio only. No permanent
improvements or fixtures except railing around the perimeter shall be placed thereon
by the Lessee. Any change in purpose shall be only with the consent of the Lessor
and upon the terms descrjbed by the Lessor.
SECTION TliO
TERM
Subject to earljer termination as hereinafter provided, the term of this
Agreement shall be the period commenc'ing
and ending on . The Town may prohibit
the use of the premises by giving the Lessee ten (10) days prior written notjce.
The use of the premises is prohibited during the Fourth of Ju'ly parade and the Coors
Bicycle Classic.
SECTION THREE
RENTAL AND CHARGES
Fon the use of the premises as set forth herein, Lessee covenants and agrees to
pay Lessor in advance the sum of two dollars ($2.00) per square foot per annum for a
total of three hundred twenty dollars ($320.00).
SECTION FOUR
TAXES AND UT.ILITIES
The Lessee shall be liab't e for and shall promptly pay for all charges for gas,
el ectricity, and other utilities relating to the premises leased by Lessee. Lessee
shal'l promptly pay all ad valorem taxes on personal property.
SECTION FIVE
MAINTENANCE AND INSPECTIONS
Lessee shall keep and maintajn the leased premises and all improvements of any
kind thereon in good and substantial repair and condition, including the exterior
condition thereof, and shall make all necessary repajrs thereto, including snow
removal . Lessee shal 1 provide propen containers for trash and garbage and keep the
'| eased premises free and clear of snow, rubbish, debris, and litter at all times.
Lessor sha'l 'l at al'l times during ordinary business hours have the right to enter
upon and inspect the premises. Such inspection shall be made only at a mutual'ly
agreeable time.
SECTION SIX
RULES AND REGULATIONS
Lessee agrees to observe and abide by the ordinances of the Town of Vail, the
statutes and regulations of the State of Colorado and of the United States
government with respect to the use of the premises.
SECTION SEVEN
INSURANCE
Lessee agrees to secure and deliver to the Town a comprehensive liability
insurance policy wrjtten on an occurrence basis, including public liability and
property damage in a form and through a company acceptable to and approved by the
Town, covering the premises, and all operations performed by the Lessee on the
premises in the amount of three hundred thousand dollars ($300,000.00) in respect to
any occurrence and aggregate amount of five hundred thousand dollars ($500,000.00)
for bodily injury and property damage.
All such policies required herein shall name the Lessor as addit'ional insured.
A certificate evidencing such insurance, in such form as the Town may require, shal'l
-2-
"o
be delivered to the Town prior to the time the Lessee takes possession of the
premises. Each certificate or policy shall contain a valid provision of endorsement
that: "This policy shall not be cancelled, or materja'l 1y changed or altered,
without first giving thirty (30) days written notjce thereof to the Town of VaiI
Colorado, 75 South Frontage Road, Vai1, Co1orado,87657, sent by certified mail,
return receipt requested."
A certificate of renewal shall be de'l jvered to the Lessor at least fifteen (15)
days prior to the policy's expiration date, except for any po1 icies expiring on the
date of this lease thereafter.
SECTION EIGHT
INDEMNIFICATION OF LESSOR
Lessee agrees to jndemnify and hold harmless Lessor against all liability for
injuries to persons or damage to property caused by Lessee's negl'i gent use or
occupancy of the'l eased premises; provided, however, that Lessee shall not be liable
for any injury, damage, or loss occasioned by the neg'l igence of the Lessor or jts
agents or employees; and provided further that Lessor shal 1 give to Lessee prompt
and tjmely notice of any claim made or sujt instituted whjch in any way direct'ly or
'i ndirectly, contingently or otherwise, affects or might affect Lessee, and Lessee
shall have the right to compromise and defend the same to the extent of its own
i nterest.
SECTION NINE
ALTERATIONS
Lessee shal l make no alterations, add'i tjons olimprovements in or to the
premises without the Lessor's prior wrjtten consent. All such work shall be
performed in a good and workmanlike manner.
Lessee sha11 pay or cause to be pa'id all costs for work done by or caused to be
done by it in or to the premises and Lessee shal 1 keep the premises free and clear
of al'l mechanicts Iiens and other liens on account of work done for Lessee or
persons claiming under. Should any liens be filed or recorded against the premises
or any action affectjng the tjtle thereto to be commenced, Lessee shalI give Lessor
wri tten notice thereof. Lessee shall thereafter cause such'l iens, or claims against
the Lessor in lieu of liens, to be removed of record withjn five (5) days after the
filjng thereof. If Lessee shall desire to contest any clajm or'l ien it shal'l
furnish the Lessor with security satisfactory to the Lessor of at least one hundred
fifty percent (150%) of the amount of the c'laim, plus estimated costs and interest.
-3-
If a final judgment establishing the validity or existence of any lien or claim for
any amount as entered, Lessee shalI pay and satisfy the same at once.
Prior to the commencement of any work jn or to the premises by Lessee, Lessee
shall notify the Lessor of the proposed work and the names and addresses of the
persons supplying 'l abor and materjals for the proposed work. During and prior to
any such work on the premises, the Town and'i ts agents shall have the right to go
upon and inspect the premises at all reasonable times.
SECTION TEN
SURRENDER OF POSSESSION
0n the expiration or termination of this 1ease, Lessee's rights to use the
premises, facilities and services described herein shal 1 cease, and Lessee shal1
vacate and surrender the premises to the Lessor immediately.
The Lessee shall be responsible to put the premises and improvements back to
their original condition. AlI alterations, addjtions or improvements upon the
premises, unless otherwise agreed at the time Lessor's consent is obtained, or
unless Lessor requests removal thereof shall become the property of the Lessor and
shall nemain on, and wjll be surrendered with the premises-
Depreciation and wear frorn ordjnary use for the purpose of which the premises
were let need not be restored, but any repair for which the Lessee is responsible
sha'l I be completed to the latest practical date prior to such surrender.
If Lessee shal'l remajn or continue to be in possession of the premjses at the
end of the term of this lease, at Lessor's option, Lessee shall be deemed to be
illegally retaining possession, or shall be deemed to be a month-to-rnonth Lessee
the premises and all the terms and conditions of this lease. l'lothing in this
paragraph shall be construed to iimit the Lessor's right to obtain possession of
premises upon termination of this lease by unlawful detainer proceedings or
otherwjse in the event that the Lessor does not exercise its option to treat the
contjnued possession by the Lessee as a month-to-month tenancy.
SECTION ELEVEN
COST OF LITIGATION
Lessee covenants and agrees to and with the Lessor that in case the Lessor
of
the
shall, without any default on its part, be made a party to any fitigation conmenced
by or against the sajd Lessee, Lessee sha'l I and will pay all costs jn connection
wjth such litigation and that said Lessee shal'l pay all costs and reasonable
attorney's fees which may be jncurred by said Lessori n enforcing the covenants-and
agreements of thjs lease.
-4-
SECTI0N TI,IELVE
SECURITY
Lessee shali keep on deposit with the Lessor at all times after the execuLion of
thjs lease agreement, a sum equal to one monthrs rent as securjty of the payment by
the Lessee of the rent and any other sums due under this lease and for the fajthful
performance of al'l the terms, conditions and covenants of this lease. If at any
time Lessee shall be in default jn the performance of any provision of thjs lease,
Lessor nay, but shall not be required to, use such deposit, or so much thereof as is
necessary, in payment of any rent, or any other sum due under this lease in default,
in reimbursement or any expense incurred by the Lessor and in payment of the damages
incurred by the Lessor by reason of the Lessee's default, or at the option of the
, Lessor, such deposit may be retained by the Lessor as 1iquidated damages. In any
event, Lessee, shall, five (5) days after written demand from Lessor, remit to the
Lessor a sufficient amount jn cash to restore the deposit to its original amount-
In the event the deposit has not been uLilized as descrjbed above, it shal1, or as
much thereof as has not been utilized for such purposes, shalI be refunded to
Lessee, without interest, upon fu1 1 performance of this lease by Lessee-
SECTION THIRTEEN
OEFAULT
The occurrence of one or more of the following events or cjrcumstances shall
constitute a default hereunder by the Lessee:
A. The filjng by the Lessee of a vo'l untary petition of bankruptcy.
B. Proceed'ings in bankruptcy instituted by the Lessee and adjudication of the
Lessee as a bankrupt pursuant to such proceedings.
C. An appointment of a receiver of the Lessee's assets of the divestiture of
the Lessee's estate by other operatjon of |aw.
0. Failure by Lessee to make lease payments due to the Lessors as provided in
this agreement within ten (10) days after the Lessor gives notice to Lessee of jts
del i nquency.
E. Failure of the Lessee to perform, keep and observe any of the terns,
covenants, or conditions herein contained on its part to be performed, kept or
observed, which fajlure continues for a period of ten (10) consecutive days.
SECTION FOURTEEN
REMEDI ES
If the Lessee shall be in default under this lease as set forth in Section
Thirteen, Lessor shall have the following ri ghts and remedies, in addition to all
-5-
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other remedies at law and equ'i ty, and none of the following, whether or not
exercised by the Lessor, sha'l I preclude the exercise of any other right or remedy,
whether set forth in this agreement or existing at law or equity:
A. The Lessor shall have the right to terminate this lease by giving the
Lessee thirty (30) days notice in writing to be served as provided in this
agreement, and the term hereby remaining shall thereupon cease and expire in the
same and to the same effect as if it were the- expiration of the lease term stated in
this agreement. Upon any termination of thjs 1ease, Lessee sha'l 'l quit and surrender
to the Lessor of the leased premises. If this lease is terminated Lessee shall
remain liable to the Lessor for all rent and other sums accrued and pajd hereunder
to the date of termination of this lease.
8. The Lessor may, without demand or notice, reenter and take possession of
the premises or any part thereof, and repossess the same as of the Lessor's former
state and expel the Lessee and those claiming through and underi t, and remove the
effects of any and al I such persons (forcibly jf necessary) without being deemed
guilty of any manner of trespass, without prejudice to any remedjes for appears of
rent or proceeding breach of covenants and without termjnating this lease or
otherwise relieving Lessee of any obligation hereunder. Should the Lessor elect to
reenter as provjded in this Section or should the Lessor take possession pursuant to
'lega1 proceedings or pursuant to any provision provided by law, the Lessor may' from
time to time, without terminating thjs 1ease, relet the premises or any part thereof
for such term or terms and such rental or renta'l s, and upon such other conditions as
the Lessor may in its absolute discretion, deem advisable, with the right to make
a'l terations and repairs to the premises. No such reentry, repossession or reletting
of the premises by the Lessor shall be construed as an electjon of the Lessor's part
to terminate thjs lease unless a written notice of termination is given to Lessee by
the Lessor, No such reentry, repossession or reletting of the premises shall
release the Lessee of its liability and ob1 igations under this lease, all of whjch
shall survjve such reentry, repossess'ion or reletting. Upon the occurrence of such
reentry or repossession, the Lessor shall be entjtled to the amount of the monthly
rent, and any other sums which would be payable pursuant to this agreement' if such
reentry or repossession had not occurred, Iess the net proceeds, if any, of any
reletting of the premises after deducting a1 I of the Lessor's expenses jn connection
of such reletting. Lessee shall pay such amounts to the Lessor on the days the rent
or any other sum due hereunder would have been payable hereunderif possession bad
not been retaken. In no event shal] Lessee be entitled to receive the excess, if
\
-6-
any, of the rent co'l 'l ected by the Lessor as a result of such reletting over the sums
payable by the Lessee to the Lessor pursuant to thjs lease.
The failure of the Lessor to seek redress for violatjon or to insist upon the
strict performance of any covenant or condjtion of thjs lease shal'l not prevent a
subsequent act which would have origina'l ly constituted a violation for having a1 1
the force and effect of the original violation. The receipt of the Lessor of rent
with knowledge of any breach of covenant of this lease shall not be deemed a waiver
of such breach. No provision of this lease shall be deemed to have been waived by
the Lessor unless such wajver is in writing and signed by the Lessor.
SECTION FIFTEEN
ASSIGNMENT AND SUBLETTING
Lessee covenants and agrees not to assign, sublet, pledge, or transfer its
rights in this lease, in whole or in part, to grant any 1icense or concession
hereunder, without first obtaining the written consent of the Lessor. The consent
by the Lessor to a transfer shall not relieve the Lessee from primary liabi'l jty
hereunder or from the obligation to obtain the express consent in writing of the
Lessor any further transfer. Lessor's permission to an ass'ignment or subletting of
this lease shalI not be unreasonably withheld.
SECTION SIXTEEN
ADDITIONAL CONDITIONS
A. Lessee covenants and agrees that the Lessee will save harmless said Lessor
at all times during the continuation of this'l ease from a1 1 damages, claims, fines,
penalties, costs and expenses whatsoever which may result from any workmen's
compensation claim.
B. l'lhenever any notice of payment is required by this lease to be made, given
or transmjtted to the parties hereto, un'l ess otherwise specified herein, such notice
or payment shal'l be deemed to have been given upon the mailing of said notice or
payment by United States certified, first-class mai1, postage prepajd, and addressed
to the parties at the respectjve addresses as shall appear herein or upon a change
of address pursuant to this notice provjsjon.
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
0avid and Renie Gorsuch dlb/a
Cafe Gorsuch
263 East Gore Creek Drive
Vai I , Col orado 81657
C. All covenants, conditions and provjsions in this lease agreement shall
extend to and bind the lega1 representatives, successors and assigns of the
respective parties hereto.
D- This agreement shall be construed under the laws of the State of Colorado.
Any covenants, conditions, or provisions herein contajned that are held to be
invalid by any court of competent jurisdiction shall be considered deleted from this
agreement, but such delegation shal'l jn no way affect any other covenant, condition,
or provision herein contained so long as such delegatjon does not materially
prejudice Lessor or Lessee jn their respective ri ghts and obligations contained in
the val j d covenants, condi tj ons, or provj si ons of thi s agreement.
E. All amendments to this lease must be made in writing by mutual agreement of
the parties and no oral amendments shall be of any force of effect whatsoever.
IN l.llTNESS }IHEREOF, the parties have hereunto set thejr hands and affixed thein
seals, in counterpart, on the dates indjcated to be effective the day and year first
above written, pursuant to a resolution or ordinance as appropriate, of their
respect'ive govern'ing bodjes duly entered on the minutes thereof.
TOWN OF VAIL
8y and through its T0WN COUNCIL
8y:
Rondall V. Phillips, Town Manager
Address: 75 South Frontage Road
Vaii, Co]orado 81657
Telephone: (303) 476-7000
ATTEST:
Pamela A. Brandmeyer, Town Clerk
DAVID and RENIE GORSUCH d/b/a
CAFE GORSUCH
\
-8-
By:
i
TO:
FROM:
DATE:
SUBJ ECT:
I.
The proposed use involves the placement of a small number of dining tables
immediately in front of the Gorsuch building to be served by the Cife' Gorsuch. The tables would be located on the newly'installed pavers thatfront the Gorsuch building along Gore Creek Drjve. A removable wrought iron
fence is proposed that would define the limits of the outdoor dining deck.
The Planning commission should be aware that the outdoor dining deck is
located predominant'ly on the Town of vail right-of-way. The Gorsuches havepreviously met with the Town Council at a wonk session to discuss thisrequest. At this meeting, the Council gave the Gorsuches approval to proceed
through the review process with the understanding that the planning
conrnission is actua'l 1y making the final decision concerning thj s request
through the conditional use review process. It should also be noted that theapplicant has requested this dining deck for the summer months on1y.
II. CRITERIA AND FINDINGS
Upon review of Section 18.60, the Community Development Department recommends
approval of the conditional use permit based upon the following factors:
A. Cons'ideration of Factors
1. Relationship and impact of the use on development object.ives offfi-ftwn. -
Because of the nature of this request, it is not directly relatedto the development objectives of the Town. The dining deck,
however, js indirect'ly re'l ated to the overal 1 goa'l of ma'i ntaining
an active pedestrian activity center in Vail Village. The outdoor
dining deck would add to the street life a'l ong Gore Creek Driveresulting in an overal 1 positive impact on pedestrianjzation 'in
the core.
2.The effect of the use on I i distribution o
ati on trans rtat
recreat on fac
The proposal does not affect any of the above factors.
3.ffect fic rti cu ference to c esti on
automo ive and
cont
ow and
reet an rki n areas.
As has been mentioned, the dining deck is located predom.inantly on
Town of Vail right-of-way al ong Gore Creek Drjve. It is felt thatthis location will not adversely affect vehicular or pedestriancirculatjon jn thjs area. There wi1l, however, be times duringthe year when the dining deck wil'l create congestion and conflictsalong Gore Creek Diive. These wi'l I be during special events suchas the Coors Classic and the 4th of July parade. In discussingthis proposal with the Council, the Gorsuches have already agreedthat if this deck is approved, the lease from the Town wouldstipulate that the dining operation will be removed during specialevents as determined by the Town staff. Because the deck isproposed to operate only during the summer months, there will be
no conflicts with the removal of snow in this area. If approved,the Gorsuches wi'l 1 be responsib'l e for maintaining thjs area duringthe time that the deck js in operation.
The scale of the proposed use'i s compatib] e with the character ofthe surrounding areas. The dining deck is also a compatible usein this area and will complement the nany decks in the surrounding
.. ..'-*--*--area.
B. lfch other factors and crjteria as the Commission deems appljcable totheffi
III. RELATED POLICIES IN VAIL'S COMMUNITY ACTIIIII PLAN
As has been stated, the outdoor dining area wil] contribute to the anbiance
and street ljfe found jn Vail Vi11age. This wiil serve to foster the
_continued success and growth of our summer and shoulder seasons.
IV. URBAN DESIGN GUIDE PLAN AND DESIGN CONSIDERATIONS
The Urban Design Guide P'l an and Design Considerations highlight a number ofcriteria to be considered when evaluating dining decks and patios (see
attached copy). tdhile this proposaf is compatib'l e with some of theseguidelines, it is also'i n conflict wjth others. Overal'l , considering thesefactors, it is fe'l t that the deck can function in this location and besuccessful in doing so.
4.
l^,.,lJ,
conven ence. traffic
access. maneuver
e and bu
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-^,. Lt.--e/,
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IV. FINDINGS
The Community Development Department recommends that the conditional useperm'it be approved based on the following findings:
That the proposed location of the use is in accord with the purposes ofthis ordinance and the purposes of the district in which the site is
I ocated.
That the proposed location of the use and the conditions under which it
would be operated or mairitained would not be detrimental to the public
health, safety or welfare or material 1y injurious to properties or
improvements in the vicinity.
That the proposed use would comply with each of the applicab'l eprovisions of this ordinance.
V. STAFF RECOIVXIENDATION
The staff recommends approval of this request as submitted. tr{hile thene was
some initial concern with the proposal being located on the Townright-of-way, the nature of the operation of this deck is such that these
concerns have been mitigated. The staff would recorrnend the fo'l lowing
conditions of approval be applied to this request:
1. The Town Council shall formal'ly review and approve this application.
3. The operation of the deck js for the summer months'on1y.
applicant proposes to use this deck in the winter, it wjll require staff
rev'iew and approval .
4. The applicant agrees to comply with those days that the operation of the
deck will be restricted as established by the Town Councjl and
incorporated into the lease agreement.
2. A forma'l lease agreement sha'l 'l be signed by the applicant and the Town,. Icounci I .
"rolJ /r^1,;--- a/ /rrt-h,,tAU'A--;//'fr"6'/ L**'"only. ff the
-3-
f ']
,J
Gordon R. Pierce. Architect. A.I.A.
June 3, 1986
Mr. Tom Braun
Planning Department
Town of VaiI
75 South Frontage Road WestVail, cO 8L657
Dear Tom:
Here is the plan for the corsuch Ltd. fence. Thisfence will be fabricated in a black wrought ironmatching in desi.gn to the existing guardiail aroundthe stairwell. It will be set into steel sleeves inthe asphalt at approximately 5'-0" centers. Thiswill allow the fence to be removed at certain timesof the year.
Very truly yours,
Y,/ tt ? tft,.dt ,ttl,ailtltqi .WF,' Fr/Fr-v IKurt A. Segerberg, A.I.A.
KAS/ 1rt
enc.
1000 South Frontage Road West. Vail, Colorado 81657.3O3/476-6776
)
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of vail will hold a public hearing in accordance with Section 18.66.060
of the municipal code of the Town of Vai'l on June 9, 1986 at 3:00 pM in the
council chambers in the Vail municipal bui'lding.
Consideration of:
I. A request for a conditional use permit in order to place din.i ng tables
on Town of Va'i 'l right-of-way on East Gore Creek Drive adjacent to the
Gorsuch shop which is located on Lots C, D and E, Block 5, Vail Village
First Filing, 263 East Gore Creek Drive.
App'l icant: Dave and Rene Gorsuch
/
2. A request for a conditional use pernit in order to construct a ski lift
at Cascade Village, Special Development District No. 4, at 1300 l,lest
Haven Drive.
App'l icant: Vail Ventures, Ltd., Montane Corporation
3. A request for a conditional use permit in order to operate a landscape
nursery in the Arterial Business District, on the Voliter sjte at .|031
South Frontage Road.
Appl icant: Larry Benway
The applications and information about the proposals are available in the
zoning administrator's office during regular office hours for publ ic
i nspecti on.
TOTIN OF VAIL
COMMUNITY DEVELOPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administrator
Published in the Vail Trai'l on May 23, 1986.
o
(
June 11, 1980
(
INTRODUCiION
Backqround
These Design Considerations are an integral part of the Vall Vil'lage Urtan Design
P'lan. The Plan as a whole is the culnrination of many month's effort by residents'
merchants, Town staff, and consultants to deve'l op a mechanlsm to manage physical
change in the Village. It is an attempt to identlfy aspects of the physlcal
character of the Village and to assure as far as possible that future changeswill be consjstent with the established character, and wi'l 'l make positive con-
tributions to the quality of life.
Vail was originally conceived as a mountain resort in the pattern of quaint
European alpine village. tt remains fairly faithful to that lmage today'
because of the conmitment of its early founders to that concept. However,
recent rapid growth, both in size and popularity, has introduced nelr pressures
for developrnent, which many feel threaten the unique qualities from which that
success has been derived. There are rapidly increasing land values and resulting
pressures to expand existing buitdings, infjll parcels, and even totally re'
develop parcels less than l5 years old. This pressure for growth has brought
with it the potentia'l for significant change. New materia'l s, new architectural
styles, the premium on'l and usage, and sheer numbers of people and cars a'l 'l
have potential'ly major impacts on the chdracter and function of Vajl.
That is not to lmply that all growth and change in Vail is negative. There-are
nany areas that are underdeveloped. The actua't area of Vail that g-ives it its
uniiue character is but a sma'l'l'area of the Vi'l'lage. There are definitely
opportunities to extend the character of the Core beyond its current limits.
These Design Considerations, and the Urban Design P'lan as a who'le, are intended
to guide giowth and change in ways that will enhance and preserve the essentia'l
quaiities-of Vail Villagi. This-character, while inspired to a degree^by
guropean mode'l s, has evol ved into a distinctly local interpretation. -AnyJtanbards, in the end, nust be based upon Vajl's ovln unique Characteristics.
anO poteniia'l now, To preserve this ciraracter, care musd be taken to avoid both
new irChitectural prototypes, and historica1 ones, loca] or foreign, which do
nOt share the same design vocabulary. These Design Considerations are a
recognition that there is a distinctive design character to the Vil'lage and
that this character is important to preserve.
The characteristics ldentJfled herejn, are first of al'1, descriptions of the
orimary form-giving physica'l features of the Village. They are not exhaust'lve.
iil."-i'". i aeicripiiirn-of those key e]enrents without which- the image of .Vai'l
wouid be noticeably different. They are divided lnto two major categorles:
(
General , large-sca'le land use p1 anning issues, as well as form conslderations
which affect rpre than one property (or even whole areas). These considerations
are primarily the purview of the Planning and Environrnnta'l CorrnJssJon. This
Corrnission also has revlew responsibilities for additional zoning code.compliance
such as density control , parking, etc.
Archltecture/Lands cape Conslderati ons
Detai'1, details, style and overa'll appropriateness of a design for a given site.
These considerations are reviewed prlmarlly by the Design Review Board (DRB).
Below is a general checklist of maJor lssues and concems which the aPp'licant
nust address in the course of the revJew process. Each of the fol'lowing items
should be addressed at least briefly ln any app'lication hearing or submitta'l:
Urban Desiqn Considerations
(Zonino Code Items
Pedestri ani zati on
Vehicle Penetration
Streetscape Framework
Street Enc'l osure
Street Edge
Bui lding Height
Vi ews
Density Control
Landscape Area Reduction
Parki ng
l. RooFs
Form
Pi tch
0verhangs
Compos i tion
Stepped Roofs
Materi a'l s
Construction2. Ff,SRgis
l4ateri al s
Co'l or
Transpa rency
lli ndows
Doors
Trim3. BALCONIES
Co'lor
Si ze
Mass
Haterials
Cons truction4. DECKS & PATIOS5. AccENT ELEI,IENTS6. LANDSCAPE ELEHENTS
Pl ant Materia'ls
Pavi ng
Retaining l{alls
Li ghting
Si gnage7. SERVICE
l4ateri al s
Constructl on
l.
2.
3.
D.
5.
7
t.
1.
3.
4.
5.
5.
{i
o
Second'ly' the_design conslderations rre intended to serve as quideline design
Parameters. They are not seen as rlgld rules, or "cookbook dffi-elementsn to
bring about a homogeneous appearance in Vall. Rather, they are a statement oflnterpretation, subscribed to by the Town Plannlng/Environmenta'l Conmission and
Review Board, as to the pFesent physical charactei and objectives of the Vi'llage.
They are intended to enable the Tovn staff and citlzen review boards to more
clearly comnunicate to property owners planning and design objectives, and allow
Property owners ln tovn to respond ln general conformance or to clearly dencnstrate
why departures are warranted.
Finally, these guldelines are intended to help fnfluence the fonn and design of
buildings, not to estab'lish minimum building volumes. 0ften more than onecriteria applles to a given sltuation e.g. Building Height, Enclosure, Views and
Sun/Shade - all are concerns applicable to building height and masslng - and
they may be mutually confllcting if Judged on egual tenns. It is the role of
the revlew boards, together with the app'l icant, to determine the relatlve
lmportance of each consideration for a given situation. They then must app'ly
those considerations to assure that a ba'lance is achieved between the rights
of the pub'l ic and private sectors.
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URBAN DESIGN
'' _ :- '
PEDESTRIAN IZATI ON
All new or expansion construction shouldanticipate the approprjate level ofpedestrianization adjacent to the site.
A major objective for Vail Vi'llaqe isto encourage pedestrian circulation
through an interconnected network ofsafe, pleasant pedestrian wajrs. Manyof the improvements recognizbd in thb
Urban Design Guide Plans, and
accompanying Design Considerations,
are to reinforce and expand thequality to pedestrian walkways
throughout the Vil'lage.
-.:. ; :- -' Since vehicular traffic cannot be"-; - removed from certain streets (bus - _ ._i ,
. -.:i -.:. -routes, delivery access) a totally . . ;_.._.-_j -:... ,r-ouf,es, oet.tvery access, a totally .:
:-:L___- - _.car-free pedestrian system is not- , : i
l-
B.YEHICLE PEI{ETMTION
To the maxlmum extent possible-. all
non-resident traffic shou'l d be routed
along the Frontage Road to Vail Village/Vail LionsHead parking structures.
ln conjunctlon xith pedestrlanlzatlon
'o'bjectives, majo!" enphrsis 15 focusted
upon reducing ruto penetration lnto
Ure center of tJre Yillrge. Yail Rord
and Yail Vallcy Drive rill continue{p serve rs tAc najor reutes for
servfce and resident access to the r
Ui I I age.
Road constrlctions, traffic clrcles,
signage, and other nEasures !re
lndicated in The Guide Plans to
visua'lly and physical'ly di scourage
al'l but essential vehicle penetration
beyond the Frontage Road. Alternative
access points and private Parking
re] ocation, where feasib'le, shou'l d be
considered to further reduce traffic
confl i cts i n the Vi'll age.
C. STREETSCAPE FRAH5I{ORK
To improve the quality of the walk'ing
experience and give continu'ity to
the pedestrian uaysr as a continuous
system, two general types'of improve-
ments adjacent to the walkways are
considered:
\nrw{
i
0pen space & landscaping -
be rms , g rass , f'l owe rs and
tree plmting as a :oft'
colorful franexork linkrge
rlotE lndestrltn routes ;
cnd gfazas and park green
Epaccs.ts open nodes and
focal points along those
foutrs,
2. lnflli conmrclr't gtorcfrcnts -
expanslon of cxistlng buildlngs'
or new lnfill developmnt to
create ner conmercial activitY
generators to give street life
and vlsual intertst' ls attrac-
tlons at keY 'locations along
pedestrian rcutes.
9,irqe 6nA ral V
ffi,W,iW
ka$" cWpgnoge Oillr4 65fr'utbaero I
fz+T? ar u/.2 i to hwdah ard*nw !
so]:eQQ
D.
It is not intended to enc'lose a'll
Yillage streets rith buildings, as ln
the Core Area. Nor is lt desireab'le to
leave pedestrian str''eets 'ln the open
and sonra+hat undefined condJtion
evident in nuny other artas of Vai'l .
Rather, it is desired to have a
variety of open and enclosed spaces'
both built rnd landscrped xhich
cr€ate a strong framtork for
gedestrian rrlks as rell as visual
interest and rctivity.
STREET EilqLoSURE
Ithile buildlng facade heights shou'ld
not be un{form from building to
bullding, they should Provide a
"comfortable" enclosure for the
street.
Pedesirian streets are outdoor rooms
rhose walls are fonned by the build'ings.
The shape and feel of these 'rooms'
are created by the variety of heights
and massing (three-dimensiona'l vari-
ations) which give much of the visua'l
interest and pedestrian sca'l e unique
to Vail.
Very genera'l ru'les, about the percepti.on
of ixierior spaces have been deve'l oped
(ernpirically) by designers, based on
the characteristics of human visi0n.
They suggest that:
. an externa'l enclosure is most
cqnfortab'le where its walls are
aPProximatelY lr as high as .thexiitn or the space cnclosed;
if the ntio falls to I or less'
the sprce'3eems unenclosed; !n$
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I
if the height is
xidth, it corPs
canyon.
greater than the
to r€seflble a
ln actual application, facldes are
seldqn uniform in height on both sldesgf the street, nor ls tJris desired.
Thus, some latitude ls appropriateln the application of this L - to - Iratio. Usjnq the lveraQe frcade heiqhtof both sidei ri'll-lEffi'lly sttll
be a gulde to the'ccnfortab'leness"of the cnclqstrre. belng crerted.
fi' .1.*
-'-Lln strre instaficls, Ure ,ctnyon' effectfs rcceptable rnd even desllable -for cxamp'le, rs ! short.connecting
Ilnkage between langer spaces - togive variety to the walking experience.
'For sun,/shade reasons, it is often
tdvantageous to orient any longer
segments in a north-south direction.
Long canyon streets in an east-westdirection should generally be
d i s couraged.
lJhen exceptions to the general height
criteria occurr special design con-
sideration should be glven to creating
a wel'l-deflned ground floor pedestrian
emphasis to overcome the canyon effect.
Canopies, awnings, arcade and
bullding extensions can a'l I create
a pedestrian focus and divert
attention from uPPer building
heights and'canyon' effect.
. For other consideratlons on
bullding nassing see:
x Ytz= t .tt<lo.6x
r
Bui'lding ilcight
Sun/Shade
Yiars
Street [dge
'r
E.
)
Un1 ike many Arnerican to+ns there are no
itanOarO s-etUact requirenent! fol
buildings in Vait Village. Consistent
with the desire for intimate pedestrlan
scale, P1 acement of Portions of a
bu'i 'l di ng at or near the Property'line is a'l 'l owed and encouraged t0 g'lve
strong definition to the pedestrian
s treets.
Bui'ldinEs in tjre Vil'lage Core shou'ld
form a itrong but irregu'lar edge to
the street.
t{here bui'ldings jog to create
activitY Pockets, other
e'l ements can be used to con-
tinue the street edge:
- lov Pl anter wa1 'l s - arcades
- iiee'pianting - raised decks
- rai sed si dewa'l ks
- texture changesin ground surface
ffi;
)
This is not to lmPlY continuous
lriiains frontage- along the property
'l i ne. A st rong street edge r s
imoortant for continuitY' but
oeifectly a'l'igned facades over too
ions a distanie tends to be
.Initonort. llith on]y a few
Hc!;fi;;;' i n..ttre- ii li aee, .s'l,i shtlY
iti"-.rtar facade lines, buildingj;;;:-;;a lindscaPe areas' sive
iiie'to the street and visua'l-
i"iitiit-ior Pedestrian travel '
acliltata
\
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{te
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lle'ight of
side
wa'll
does not'increase
G. V] E!.JS AND FOCAL PO]NTS
Vai'l's mountain/val'ley setting is a fundamenta'l part of its identity. Views
of the mountains, ski siopes, geologic features, etc. are constant reminders of
the rpuntain environment and, by repeated visibility, orientation reference points.
Certain building features are a'l so important character features, orientation references .
anC visua'l focal points. ',
The most slgnificant and obvious view corridors have been designated on the View
Corrjdor Hap (an element of the Vai'l Village Urban Design Framework Plan) and
photographical'ly documented (photos on fi'le in the Corrnunity Development Department).
However, the view corridors depicted on the maps and in the photographs should
not be considered exhaustive. There are obvicusly many other lmportant views too
numberous to map. llhen evaluating a development proposal , fjrst priority should be
given to an analys'is of the impact of the project on views from pedestrian areas,
xhether designated or not. The views deslgnated to be preserved orlginate from either
major pedestrian areas or public p'l azas.
They are views of the ski mountaln, the
Gore Range or the Clock Tower. The vlews
of the ski slopes and of the Clock Tower
which were selected to be preserved were
chosen due to their significance, not only
from an aesthetic standpoint' but also as
orientation reference points to helP the
guests determine their location. And, of
iourse, looking east from the Vail Vlllage
area, one views the dramatic Gore Range
provlding some of the most beautiful scenlc
views anywhere.
(
Plazas, patios, green areas are im-
portant focal points for: gathering,
restlng, orienting and should be
distributed throughout the Vi'llage
with due conslderation to:
- spacing
- SUh tCCeSS- opportunities for views- pedestrian activity
See also: ' -
Sun/Shade
Building Height
Street Enc'l osure
Views
The def init jon of height sha'l'l be
htignt restrictions in Connercia'l
l. Up to 60i of the building (bui'lding
triigtrt of 33 feet or less.
as i', i s in the Vail Hunicipa'l Code' Buil ding
Core I sha'l 'l be as f o'l I ows :
coverage area) naY be built to a
F. BUILDING HElGIlT
Basica.|ly,ther/.i.I.|ageCoreisperceivedasamixoftwoandthreeslory
facades, a.lthoueh t#;.-;;;;it5-i;;; ina tire story bu'i1dinos. The mix
of bu.i.ld.ing hei_ohts g.ives .var.iety to the siru.t::*ni.h is.deiirable. The
height criteria are intended to Lncour't!.-ni,ight ind r'assing variety and
to discouraqe unlTorn building heights along the street'
2, No nrore than 40x of the building (building coverage area) may be higher
tfl.n Si feet, but not higher than 43 feet'
3. To{ers, spires. cuPo'las,-chinneys,,fiagpo'l::' an{ 1]mi]ar architectura'l
features no, ,r"lii. ii'eiort n!siOtniili Fi6ot Area-nav extend^above
the hejght limii-i oistanc. of !g! more than twenty-five percent 0t
;il; i;;i;ili ii"ii no. more than fifteen feet'
4.Theaboveheightsarebasedonanassumed3fee'''in't2feetor4feetin l2 feet roor-iiictes. To accommoiate and encour3ge steePer roof
pitches (up to 5";;;;-i; ri-rlii), tilit'tl proportiona.te heieht lncreases
could be s..n.ri;;'ir;; ii irr.-friisni'oi'u[iiline side walls is not
increased (see diagratn tol l0wtn9)'
Any propose.d bui'lding changes which
would encroach into, or substantially
a'lter, the designated major viov planes
wi'l I be di scouraged, l'li nor encroach-
ments lnto the designated minor viet
planes may be acceptable. Emphasis
should be upon framing and enhancing
vlar gJanes rather than protruding
directly into them.
Ihether affecting the desiqnated
view planes or n6t, thtifiF
of rll proposed building
expansions on views from pedestrian
nays must be deronstrated' and
niti gated where xarranted.
u SERVICE AND DELIVERY
Any building expansion should preserve
the functions of existing service
al leys.
The few service alleYs that exist
in the Vi'l 'l age are extremelY
important to minimizlng vehicle
coirgestion on Pedestrian waYS.
The-use of, and vehicul ar
tccess to, those alleys shou'l d
not be e'l iminated excePt where
functional, a'lternatiYes are
grovi ded.
ln all nat and remode'led con-
Structionr'del ivery which avolds
or reducei lmPacts on Pedestrian
:ays shopld be cxPlored', and '-
rd-optld xhenevtr-gractical ' for
trniOiate or future usag9.' Rear
!ccess, basement, and be'low-ground
aeii"iiy corridois reduce congestion'
iia$rii protection increases del ivery
ef f i cientY substanti a'l'lY'
Eelow grade delivery corridors are
found ln,a few buildings ln Va'ilYil lage (sitanark/eore-Credk plaza,
Village Center, Vail Vil'lage Inn).
Consideration should be given to
extending these corridors r-here
feasib'le and the creation of newones. As bulldings are constructed
or_rerpdeled,
- tfie opportun'ity mayexist to develop segnents of afuture syst€n
!
a)rrtr,ox 5u/t
4itr,AiYaU
etn 61!;e ,5e'
In a'l 'l building construction, shade
sha'l I be considered in massing and
overall height gonsideration. Not-
rithstanding, srm/snaae considerations
tre not lntinded to restrict building
heiqht allonances' but rather to
infiuence the massing of buildings.
Limited hefght excePtions maY be
granted to meet this criteria.
t-J'?bt.+lxlat'
'&7t.
1o
I. SUN/SHADE
Due to Vai'l 's a'l pine c'l imate, sun is
an irnportant comfort factor, especially
in winter, fall and spring. Shade
areas have arrtient temperatures sub-
stantia'lly below those of adjacent
direct sunlit areas. 0n a'l i but the
hrarmest of surmer days shade can
easily lower temperatures below
comfortab'le levels and thereby
negatively impact uses of those artas.
A1'l new or expanded bui)dings shou'l d
not substantia'l ly increase the spring
and fall shadow Pattern (flarch 2l
through SePt' 23) on adjacent
propert'ies or the publ ic R.0.!'l .
Additlons to exlsting buildings may
be created in several ways to avoid
extending shadow Patterns.
ARCHITECTURE/LANDSCAPE
CONSIDERATIONS
BOOFS
lrlhere vis'ib'le, roofs are often one of
the nrost dominant architectural elementsin any buj'l t environment. In the Village
roof form, co] or and texture are vi sibly
doninant, and generally consistent, which
tends to un'ify the building diversity to
a great degree.
The current expression, and objective,for roofs in the Village is to form
a consistently unifying backdrop for
the architecture and pedestrian
streetscape, and to avoid roofs which
tend to stand out individually or
di stract visually from the overa'l l
ch a ra cter.
Roof Forms
)
Roofs within the Vi'llage are typically
gable in form and of moderate-to''low
oitcfr. Shed roofs are frequentlY
irsed for snn'l'l additions to I arger
buildings. Free-standing shed
roofs, butterflY roofs and flat
r.oofs, can be found in the Vjllage
but t[ey are'general 1y considered
to be out of iharacter and inapprop-
rjate. HiP roofs likewise are rare
and qeneraily inconifstent with the
charicter of the Core Area. Towers
ire exceptions, in both form and
pltch, tb ttre general.criteria' but
do have an established.local
veinacu'tar sty'le which shou'ld be
respected.
MNtt( wu,oat
L2
1_
PJ tch
Roof slopes Jn the VII'lage typically
range from 3/l ? to 6/'12, wi th sl i tht'ly
steiper pitches in limited applications.
Again, for visual consistencY this
gineral 3112-6/12 range should be
preserved. (see .9ry!g|!.9!]. below-)
Overhanos
Generous roof overhangs are also an
estab'l ished architectural feature in
the Vi'llage - a traditlonal expression
of shelter in alpine environments.
Roof overhangs typically range from
3 to 6 feet on a'll edges. Specific
deslgn consideratjon should be given
to protection of pedestrian ways
adjacent to buildings. Tee fal'ls,
snow s'l ides, and runoff hazards can
be reduced by roof orientation,
gutters, arcades, etc.
Overhang detai'l s are treated with
varying degrees of ornamentation.
Structural e'l ements such as roof beams
are expressed beneath the overhangs'
simply or decoratively carved. The
roof fascia is thick and wJde, giving
a substantial edge to the roof.
Composi ti ons
The intricate roofscape of the village
rs a whole is the resu'l t of manY in-
aiviOuat simple roof configurati.ons'
Fot any singie building a-varied but
simo'ldcsnp6sition of roof planes is
oreierred to either a single or-a
torplex arrangertnt of many roofs' As
lndividual roofs become more complex
ffi ili attracts visual attention.
iriv i"ot the streetscape and the tota'l
"iiiiscii" ienas to*t"d-i'busyness" rather
than a backdroP comPosition'
ey't'lo elz obry
I
13
I
As buildings are stepped to reflect
existing grade changesr resultlng.ro0r
steps should be made Hhere the nelgnl
cr,iirse wi'll be vlsually significant'
i..iitions which are too subtle appear
ii ii-"oii stvlistlc than functional'
inU out of chiracter rith the nnre -iiiaieht:foruard roof desi gn typical
ln the Village.
llateri a I s
Hood-shakes , wood shingl es, and bui'l t-
up tow and gravel are a'lmost exclusiveil
used as roof materia'l s in the Village.
(See Construction be'l ow. ) For visua'l
cons iilffiifi-ther materi a'l s shou'l d
have the appearance of the above.
Cons truct i on
Conmon roof problems and design-con-
siderations in this climate include:
- snows'l ides onto pedestrian walks
- gutters freezing
- foor dams and witer infiltration
- heavy snow loads
Caiifui attention to these functional
details is reconrnended, as well as
familiarity rith the local building
code' provln construction details'
and torrn ordinances.
For built-up mofs, Pitches of 4/12
or steePer do not hold gravel wett'
For shingle Foofs' pitches -of ^4112or sha'l lower often result in ice
dams and backflow leakage under
the shingles-
I4
\
Cold-roof construction ls strongly
preferred, unless warm-roof benefits
for a specific app'lication can be
demonstrated. Cold-roofs are double-
roofs which lnsulate lnd prevent snow
srelt from lnternal building heat. By
retaining snow on the roof, many of
the problems listed can be reduced.
Perlodic snow r€mova1 xill be rcquired
and shou'ld be antlcipated in the
design.
Roof gutters tend to ice-in completely
and beccrne ineffective in the Vai]
climate, especial'ly in shaded north-
side locations. Heating the interior
circumference with heat-tape elements
or other devjces is general'ly nec-
essary to assure adequate runoff
control in colder months.
K@fw
15
FACADES
Stucco, brlck, rood (rnd glass) are the
primary bullding naterials found In the
til'lage. tlhile mt rlshlng to restrict
design freedom oveprnuch, existing
conditions show that xithln this sma]l
nnge of naterirlsruch vrriation and
lndivlduality rre possible vhile pre-
serving a basic harrrony. Too manY
diverse materials reaken the contlnuity
and repetitlon wiich unifies the street-
scape.
0f the above nateria'l s,stucco is the
most consistently used materia'l .
llost of the bui'ldings in the Village
exhibit some stucco, and th€re are
vjrtually no areas where stucco is
entirely absent. It is intended to
preserye the dominance of stucco-by
its use in portions, at 'l east. of all
new facades, and by assuring that other
materials are not used to the exclusion
,of stucco in any sub-area within the
llillage.
Co] or
^)
\
There is greater latitude in the use of
ioioi in [tre Village, but stil'l a
iiill..iuie-consisiency xithin a general
range of colors.
For rood surfaces, trim or siding' darker
i6io. ton"s are preferred - brorns' greysr
;i;;:fiF, aart' ollve, slate-greens' etc'
Stucco colors are general1y-light - I!!tt'il;;;; ilii-e"io' ii ottrei llsht pastels'
blnEr'tisltt io'lors could. be approprlate'
ii ionsiiered on r case-by-case basls'
Erioht colors (red, orange, -b.'l u.es '
"i"iJn'-itc.) ihould be avoided fo.r
iilsoi'rlail pianes' but can be-used
liilitj"iiv' (wi tt - restraint) for
iiioritr"J tiim, wa'll graPhics' and^
;il;;;;;;"i elernents (see E' Accent
Elements )
16
\
Genera'l ly, to avoid both "bus1mess", and
weak visual interest, the variety of
maior wall colors (and materia'ls -
exiluding glass) should not exceed four
nor be less than bro.
A color/naterial change betueen the
oround floor and uPPer floors ls r
ionrnon and effecti ve r'einforcemnt
of the pedestrian scale of the street.
Trans parencv
Pedestrian sca1e is created in many xays'
but a major factor is the oPenness'
iiirictiieness' and generallv p-ubli.c
character of the ground f'loor facade
of adjacent bui l di ngs. Transparent..
store fronts are "people attractors"'
opaque or sol id wa1'l s are more pr'lvare'
iinpiy "do not aPProach".
0n pedestrian-oriented streets such as
in the Village, ground floor conmercia'l
facades are proportionately more trans-
parent than upper floors. UPper f'l oors
are typcially more residential , private
and thus less open.
lll llHiijHilH{ i,H J iH ii
{hEErlnW
t?
As I measure of transparencyr the rpst
characterlstic and successful grrund
f'loor facades range from 55X to 70%
of the total length of the cormercia'l
facade. Upper floors are often the
converse 302-45C transparent. .
Examples of transparency (linea'l
'feet of g'lass to llneal feetof facade) on gnound'level.
- Covered 8rldge Bldg. 58X- Pepi's Sports 7lZ- Gasthof Gramsharrrer 48%- The Lodge 66'l- Golden Peak House 62%- Casino Euild'ing 30%- Gorsuch Building 511
lli ndows
In addition to the general degree of
transparency, window details are an
important source of pedestrian sca'l e-
gi ving elements.
The slze and shape of uindows are often
a response to the function of the street
adjacent. For c'lose-up, casual pedestrian
viening windows are typically sized to
human-iized dimensions and characteristics
of human vision. (Larg'e 9'lass-wa1'l store-
fronts suggest uninterrupted viering' as
from a moving car. The sense of intimate
oedestrian sia'le is dimJnished. ) Ground
iloor display windows are typically
ralsed s'llghtly l8 feet + and do not-.
eitend muc6 ovlr 8 feet above the ralk-
'xay level. Ground floors which are
noliceably above or belorv grade are
excepti ons.
I
,
rzA
j'
The articulation of the windoir itselfls stil'l another element ln giving
pedestrian scale (human-related dimenslons).
Glass areas are usually subdivided to
express indjvidua'l window elements - and are
further subdivided by mullions into sma'll
panes - xhich is responsible for much of
the old-world charm of the Village.
Similarly, xindo:s rr€ rPst often
clustered in banks, Juxtaposed with
plain xall surfaces to give a pleaslng
rhythm. Horizontal rcpetitlon of slngle
ri-ndow e'lements , especi a'l 'ly over I ong
distances, should be avoided.
Large single pane xindows occur in the
Village, and provide some contrast, as
long as they are generally consistent
in form with other windows. Long
continuous 91 ass is out of character.
!orre'.{+t tqplniat
cahune glz* orw
Bav. bow and box rlndows are conmon
iti'ior details, nhlch further variety
and massing to facades - and tre
encouraged.
r'tJl
nl'id'sel
1rcbn4uler
and},d.5
taft,ql,
\rytwu
Prfg
b1
box
bou
Reflective glass, plastlc panes, and
rlr,minun or other mtal frames are not
consistent in the Vi'llage and should
be avoided. l{eta'l-c'lad or plastic
clad Hood frames, having the appearanceof painted rood have been used success-fully and ane acceptable.
Doors
Llke rindors, doors ar€ irflport.nt tocharacter and scale-giving architectura'l
clements- They should also be som€ilhat
transparent (on retai'l conmercial
facades) and consjstent in detailing
with windows and other facade elements.
Doors with glass contribute to overallfacade transparency. Due to thevisibi'lity of people and merchandiseinside, windowed doors are somewhatnore effective in drawing people insideto retai'l corqnercial facades. Althouohgreat variations exist,25-3071 *.
transparency is felt to be a minimum
transparency objective. Private
resj dences, lodges, restaurants, andother non-retail estab'l ishments havedifferent visibi'l ity and character
needs, and doors should be desionedaccordingly. Side'l ight windows-are
a'l so a means of introducing door-
transparency as q compler,rent or sub-sti tute for door'windows.
da*,rd*ri-
al laEl h/t" gla*
adwblel sof€att
19
o
Artlculated doors have the decorative
quality desired for Vail. Flush doors,
light aluminum frlmes, plastic applique
elements all are considered {nappropriate.
llOTE: Security is an important design
consideration in Vail' Dead-
bolt locks are encouraged'
Locks, door handles and glass
should all be designed to
discourage break-Jns'
Security-design discussions with the
io.n poiice siaff are encouraged'
As an expression of entrY' and
sheltered relcome, protected entry-
rays tre encouraged. DooruaYs raY
be r.ecessed, Gxtended' or covered.
20
Trim
Prominent wood trim is a'l so a unifying
feature in the Village. Particularly
at ground f'loor leve'l s' doors -and
windons have strongr contrastlng
(see @lor,-Facades ) framing elernents'
itrictr-Tie the various elements
together ln one cmposition. llindors
eni doors are trcated !s strong visua'l
features. Glass-wall detalling for
either is typicallY avoided.
)
21
DECKS AND PATIOS
Dining decks and patios, rhen properly
deslgned and sited, bring people to
the streets, opportunities to look and
be looked at, and generally contribute
to th€ liveliness of a busy street-
naking a rlcher pedestrlan experience
than if those strtets were empty.
A revlan of successful decks/pat{os
In Vail r.eveals seycral cqrnon char-
rcteri sti cs
- direct sunl'ight from ll:00 - 3:00
lncreases use by many days/year
and protects from wind
- e'levated feet to give views
into the pedestrian walk (and
not the reverse)
- physical separation from pedestrian
wa]k of to (planter better than
a wall)
- overhang gives pedestrian sca'le/
shelter.
Decks and patios shou'ld be sited and
designed with due consideration to:
- sun - views
- rind - Pedestrian activitY
,b,glutry .or.bWi, x ahw5
.lnbrt)la or t!+'e( eluqfft
hr ubr anlsale
'l-lfi+tape evld,ore
hu$N
Zl,niit-.Ava
zz
BALCONIES
Bal conies occur on a'lmost a'l 'l buil dinqsin the Viliage which have at least a -
second 'level facade wa1 'l . As strong
repetitive fentures they:
- give scale to buildings
- give life to the street (nhen used)- add variety to building forms
- provide shelter to pathxays below..
The prominance of balcony forms is due
to several falrly ctxrnon characterlstics:
Co'lor
Thev contrast in co'lor (dark) with the
buiiding, typ'ica'lly nntching the trim
co]ors (see- Facade-Col or).
Si ze \
They extend far enough from the bui'lding
to cast.a prominent shadow pattern-
Balconies in Vai'l are functiona'l as we'l 'l
as decorative. As such, they should be
of useable size and located to encourage
use. Balconies less than six feet deep
are se] dom used, nor are those always
in shade, not oriented to views or
street 'li fe.
l{ass -efur.et,ln io bc
: hr,ilty,a;l or
daoi*lt,htl
Ute$tli\ .' t\rwt^'ts' wf !tlte*f.
Thev are cor'.nron'ly massive yet seni-trans-
oarint. distinctive from the building,
vet a'liowing the bui'ldjng to be somewhat
vtsiU'le behind. Solid ba'lconies. are
found occasionally, and tend to be too
dorninant obscurfng the bui'lding archi-
tecture. tight bllconies lack the
iiiuat lmpacl which ties the Village
together.
luk fui'ot
liqht brt!,ftl
lia*qrau:1.'
,--bala'l prrt.A*' ftn h'tJrn1
o
Igteri a'ls
Iood ba'lconies are by far the rost
conmon. Vertica] structural rcmbers
rre the most dominant visually' often
decoratively sculpted. Decoratlve
Hrought iron balconies are also
conslstent visually xhere the vertical
:nenbers are close enough to create
semi-transparency. Plpe rails' and
plastic, canyas or glass panels should
be avolded.
Construc tion
Cantilevered beams, beams extended to
support the ba'l cony, are most often
visibly exposed on the underside of
balconies. As such they are an
expression of structure and tie the
balconies to the buildjng visua11y.
ApfUzott
\\r T
ef >htafure/
K
24
,
ACCENT ELEMENTS
The life, rnd festlve qua'llty of the
Village is given by judicious use of
accent elements which give color,
rbvement and contrast to the Village.
Co]orfu'l accent e'lemnts consistent with
existlng character are encouraged' such
ts:
Arnings and canoples - clnvas, bright
color or stripes of two colors.
Flags, banners - hanging from
buildings, po]es, and even across
streets for sPecial occasions.
Umbre'l las - over tables on outdoor
patios.
Annual color flowers - in beds or in' planters.
Aclent I ighting - bui I dings ' p'lazas 'windows, trees (even Christmas
liqhts a1l winter).'
Painied wa11 graPhics - coats of
arms, syrnbo] s, accent compositions'
etc.
Fountains - sculptural ' wj th both
wjnter and surmer character-
25
L
LANDSCAPE ELEMENTS
Landscape considerations include, but
go beyond, the placement of appropriate
plant materials. Landscape conslderations
Jncl ude:
- plant naterlrls- paving- retalning ralls- street furnltur- (benches, llosks,
trash, etc. )- ll9htin9- slgnage
Pl ant !,laterl a'l s
0pportunities for p'lanting are not
extensive in the Village, which places
a premlum on the pl ant selection and
deslgn of the sites that do exist.
Framework p'l anting of trees and shrubs
should inc]ude both deciduous and
evergreen species for year round
continuity and interest.
Native plants are somewhat 'limited in
variety, but are clearly best able to
withstand the harsh winter c'l imate,
and to tle the Village visually withits mountain setting.
Some typica'l 'local p'lant materia'ls
i ncl ude:
Trees
l{arrow-leaf cottonwood
Balsam poplar
Aspen
Lodgepo'le plne
Colorado spruce
Subalpine flr.
Shrubs
llill*r
Dogrood
Servi ceberry
Alpine currant
Chokecherry
llugho pi ne
Potenti l.'la
Buffaloberry
26
Pavi ng
The freeze/thaw cycle at this a'ltitude
vl rtual'ly el iminates cormon si te-cast
concrete as a paving surface (concrete
spall). Hlgh-strength concrete may-
rork ln selected conditions. Asphalt
brick (on concrete or on sand), and
concrete block appear to be best suited
to the area.
ln general , Pavlng treatmnts shou'l d be
coordinated with that of the public
R.O.lJ.' adjacent. The Town uses the
folloring rnaterials for a'l I new
constructi on:
- asphalt - general use Pedestrian
streets- brick on concrete - feature areas
(plaras, intersections, fountains,
etc. )
I
Retai ni na l'la'l I s
Retaining wa1'ls to raise p1 anting area
oiten pritects the 'landscape IroToeJ"ltiiuns and snowp'lows, and should
brovide seating oPPortunities:
Two types of naterial are a'lready wel.1-
;;i.bi i s hed i n the v i'l I age and shou'l d
be utjlized for continuitY'
- sPlit-face ross rock reneer -
iitlag" Core Pedestrian streets
( tyPi cal )
- rounded cobb'le hidden mortar -
ln oPen tpace areas if above. tYPe
not lt.eaby established nearbY' ..G;.ili;:-'ro,n-oi vail entryxa'l'l )
Iood retaining ralls are strong'ly dis-
couraqed due to dcteriorati0n causeo
ii-iri-r,aistr ctimate. Thev mav.be
I'trilli "eti usea with apPropriate--
Aetiiting to resist rot and express
crafted ioint conditions'
J
_)
27
: Lithtinq
' Light rtandards should be coordlnated- with those used by the Town ln thepubllc R.0.t.
9lqnrqr
tafcr to Tom of Ualt Slgnrge 0rdlnancc.
Golorful lnnuals rre used In key
locatlons thnoughout the Vlllage to
acccnt pedestrlan tneas, hlghllght
bullding entrles, rnd rs plazr focil
These cplor acccnts can be provlded
ln:
- rettined planting beds- florver boxes- hanging pots' baskets- ground beds
28
o
SERVICE
Trash hand'l ing is extremely sensitivein a pedestrian environment. Trash
collectlon is primarily made ln off-peak hours. lt is the building
owners responsibility to assure thatexisting trash storage problems are
corrected and future ones avoided.
Garbage, especially from food service
establjshments must be carefu'l ly
considered, including :
- quantities generated- pick-up frequency,/access- conta'iner sizes- enc'losure location/design- visua'l , odorimpacts
Garbage col lection boxes or dumpsters
must be readily accessible forcol -
lection at a'll times yet fully
screened from public view - pedes-
trians as wel I as upper level windowsin the vicinity.
llateria'ls
Exterior naterials for garbage en-
closures should be consistent with
that of adjacent buildings.
Constructj on
Durabillty of the structure and oper-
ability of doors Jn a'l'l weather are
prime concerns. l.leta'l frames and posts
behind the preferred exterior materials
should be considered to withstand the
inevitable abuse these structures suffer.
.,I
fuq
E
I
I
-l
29
t7 lS .1 toL'
box i00
vail, colorado 91657
(303) 476-s613
llay 3O, 1tI79
department of commun ity development
Bon Riley
Box 91OYail, O 816b2
Re: Pavsent of Drivanray Behind }lcBride gqilding and ore House
Dear Rcn:
This letter is to give ycu permission to pave the driveray behindthe McBride Erilding ana ttre orb Fouse. we understand that tbreYill b"_ a gate placed 3t !h" ,rpe." e"O of this a"t"*r',
"arich willlirit tbe access to only_delivliy-vetriefes, tte eililfrit*a., S"ottEopmn and Bod slifer. -Dre to tir:.s-Ging , ri'iiJ-aE"."u o"irr**y,re Eq+d- lile the pavlng surface not to &ceed r0 feet ana a phntedarea to be placed on botb sides of tbe a.sphart. we wculd a1o requestthat scme ba*ier be plaged almg tG Nco,;h ;ide dt itJi""r.ing areato stcp rrehicles frm going onto-the gra^ss.
As a firther condilicn_of tlis appro'ar, re *rld J.ike yor to randscape. tbe stream bark almg Core freek.'
se upuld appreciate seeing a plan for this area before irpnormtsare started.
ff yan harrc any questions, please let re know.
Sincenely,
?r, /r',,-
,rr/,
Zoniag A&ninistrator
cc: Rich Cap).an, Tcmn lrtanagerDick Ryan
Rod Slifer
Scott Hopmn
'/ "-'o-'('
Janes A. hlbin
PROOF'
STATE OF COLOIIADO
COUNI'Y OT'EAGLII
OF PUBLICATION
of lllE Vi\lL TRAIL; that ihe same is a weekly nt,wspaper
lrinled, in whol(' or in parl ald published in the County of Hagle, State of(;olorado. and has a gencral circuiation lherein; that said n..rvspaper has been
publishrid coirtinuously and rrnintemrotedly in said County of Eagle for a period of
nrote than tlfty-two consccutive vreeks next prior to the first publication of the
anncxe.d le.gal notice or advertiscment; that, said newspaper has bcen admitted to
the United Siates mails as second-class matier under the provisions of the Act of
Idarch 3, 18?9, or any amendments thcreof, and that said newspaper is a weekly
newspaper duly qualified fcr publishing legal notices and advertisemcnts within the
meanirlg of the laws of the State of Colorado.
That the annexed legd nolice or odyertisement was published in the regular and
entire issue of every number of saitl weekly newspaper for the period of I
consecutive insertions; and that the fint pubication of said notice was in the issue
of said newspape. 6usua rJVLY 12- e .D, fi14 and that the last
publication of said notice was in the issue of said newspaper dated
\\uLY t)* A.D.1e?+
O * *t,nu:.'un:t"of I have hereunto set my hand this
- $UtY A.D.1e7+
day of
Subscribed and sworn to before me, a notary ty of Eagle,
State of Colorad,o, this -{J-! aay of
^.D.
$ zy'
ss.
'-'[)1c9>;,9-**
Fubtrie fileffEee
NOTTCE Cts
PUBLIC HEARING
NOTICE IS HETlESY G IVEN
_ that Mr, R6dncY E. Sliler tePre-
senting John Mc8ridc, ha9 applied tor'a ptrking varin cc or cxefiptrorl in
accord with Sect'on l4,60l of
Ord;naaco No. I {S€ries of }973} in
ordcr to allow an apartment unit to
be converled to commerciJl tpace lot,'Co!nify Flair". The !na1 i5 located
in the McBiide Bullding on Gore
Creek Drive.
NOT ICI IS HEREBY GIVEN
that 1,4r. Robert Ruder reprcsen!in9
Lodqc Prooertius. hai applred for a
lul|ffiTiiii-conn o' var rance In
accord \4,ith Sectlcn 3.506 ot
Ordinnnce No. I (Serict.ot 1973) in
order to rllo!v thc additiorl of a traah
and siofngc buildino to an nlro!dy
nonconformi 9 Struc ture. Saad pro-
9O5ec builcln! wo!lcl be dtlacn€d to
the original Lodge at vail.
A publ;c hearing will be held in
accordance with Sectiorl 21.400 of
tho zoning ordinance on A\rgust l,
1974 .1( 3:O0 p-rn. in thc Vail
lvluaicipal tluilcirr9. Said vsr,ancos
v/iit bc hoaro belore the Town of Voil
Pianning Comm i5ri on anc lin<lin9!
will be lrtnsmitred to tn€ Town
CoLrncit tor the TovJn ol Vdil.
TO\,VN OF VAIL
By D iana S. Toughill
zonlng Adminastrator
Pub{ished in Th€ Vail Trail on JulY
t2, I974.
rhe
.RJg
1[tEgi
public in and for the
My Conrmission ,*1ir*u 'ftLev*l'-, I L 19-?.l]
box 100
vail, colorado 81657
(3031 476-5613
l,fay 30, 1979
department of community development
Ron Riley
Box 910
Vail, @ 81657
Re: Pavqrent of Driveray Behind lvlcBride lsilding and Ore llouse
Dear Rcn:
lhis letter is to give ycrr perrrlssion to pave the drivernay behind
the McBride Building and tbe Ore ltrouse. We understand that therewill be a gate placed at the ulrper end of ttris drivoray, which willliruit the access to only delivery vehicles, the garbage truck, Scott
Eoermn and Rod Slifer. Dre to this being a limited access drivtray,re rlqrld f-ike the paving surface not to es(ceed 10 feet and a planted
area to be placed on both sides of the a.sphalt. We would also requestthat scrn barrier be placed alcrg the North side of the parking areato stop vehicLes frun going onto the gxass.
As a firttrer cond"iticn of this appnoval, re mrld like ycnr to laldscape
the stream bank al.org Core Cbeeh.
We uould app:reciate seeing a plan for this area before irqlroriements
are starbed.
ff you harre any questions, please 1et ne lgrop.
Sincerely,
1 ,/)'-): ,,.., n ;,' ,( ,. 1 , r-
/ ("/ '
Janes A. hrbi:r
Zoning Adni-nistrator
eE,2 Rich Caplan, Tom llanager
Dick ftyan
Rod Sl-ifer
Scott Hopmn
. MINUTES
PLANNING & ENVIRONMEI{TAL COMIIyIISSION, ocToBER 10, l.978
Members Present: Ed Drager, Chairman
Jim Morgan. 531.9"fi1i1"
Roger Tilkemeier
Gerry llthite
Staff: A11en Gerstenberger
James Rubin
The meeting was brought to order by Ed Drager, Chairman.
Jim Rubin suggested we go Item 3 on the Agenda, The Vail
Mountain School Conditional Use Permit.
Jay Peterson asked for z postponement for two weeks
because he felt that sufficient notice had not been given.
Pam Garton made a Motion to postpone the Vail Mountain
School Conditional Use Permit hearing for two weeks (October 24, 1978).
Seconded by Gerry lYhite. The motion passed with unanimous approval .
The next ltem was #2 on the Agenda, Vail Athletie Club
Parking Var j-ance.
Pepi Gramshammer represented the Vail Athletic Club.
A request to convert a parking space into a laundry room was made.
The reason for thls was that the designated laundry room was
inadequate for the large heavy duty washers and dryers.
There was some concern from Pam Garton about the traffiepattern in the winter and how it would affect the parking spacesavailable if one space was given up to a laundry room.
Jim Rubin explained that Fitzhugh Scott had converted 2
accommodation units and I dwelling unit into a 3 bedroom apartment,but this had only reduced the existing parking requirement by /10of a space. The variance therefore r,vould sti}l be required.
Gerry Whlte made a Motion to approve the Variance withthe condition that no further parking variances rvould be granted andthat Pepi be assessed $1OOO for a parking space as stipulated bythe Torvn Council. Seconded by Roger Tilkemeier. The Motion passed
by a vote of six in favor of approval , Sandy htil1s opposed,
.!Feq
The next rtem on the Agend.a was #4, Dave Elmore property
Zoning,
Pam Garton wanted to know what was suggested three weeksago. she was informed that for the 11# acre pai-el that a maximumdensity be set at 10 units per acre with the possible ad.dition of 4units per acre for long-term rental units. The planning &Environmental Commission, after much cliscussion, felt that this densitywas too great.
Pam Garton then made a Motion that Dave Elmores I1gacres be zoned Residential cluster (6 units per acre), but that hecould build up to an additional 6 units per icre for'iong-termrental housing. The upper portion will be zoned primaryfsecondary
and the sma1l parcet on the west side w111 be includ.ed iir trre lar[epar:cel for densi-ty but will not be allowed to have new developmentplaced on it. seconded by Gerry white. The Motion was passed.wi.th unan j-mous approval .
Pam Garton made a Motion to postpone theSub4ivision Item #1 on the Agenda. Ed-Drager asked
PEC MINUTES
ocToBER 10, l97B
flEaT-TEe Board knorvs that-they have to act on itGerry llthite seconded the motion. Thermotion passeclapproval .
Pam Garton made a motion to adjourn,Ylhite. The meeting adjourned at 4:27 p,M.
for
next
with
Minora reminder
meeting.
unanimous
The 5th Item on the Agenda, Clock Tower Buildingfmprovements
A1len Gerstenberger presented a plan by Eldon Beckon conceptual bui.lding i-mprovements.for the clock rorver Building.The Board was favorable to the presentation and stated that morebuildings shouLd do'the same type of improvements.
Allen Gerstenberger discussed that he was submittingthe names of the Planning & Envi-ronmental commission and Design'Review Board members for the vail community serviee season passProgram, through which free ski passes w1lr be issued by vailAssociates.
Seeonded by Gerry
),
TOr
MEMORANDUM
PLANNING COMMISSION
FROM; DEPARTMENT OF COMMUNITY DEVELOPMENT
REr JOIIN KAEIIMER REQUEST FOR CONDITIONAL USE PERMIT AND
PARKING VARIANCE * IUCBRIDE BUILDING
The staff has reviewed the Conditional Use Permit request according
to Section 18,600 of the Zoning Ordinance and have the following
comments i
Request; The applicant has requested that an existing dwelling
unit consisting of approximately 1140 square feet, located on the
second floor of the lrtcBride Building be converted'to an antique
shop. The request would also require a parking variance for two
spaces.
I,Factors
A. Belationshlp and impact of the use on development objectives
of the Town.
B. The applicable development objective under the Horizontal
Zonlng Ordinance that 1s of concern in the request is
the continuance of the various commercial , residential ,
and public uses in ComrnerciaL Core I so as to maintain
the existing character of said area.
Our pqincipal concern with the conversion of this type of
unit ('GRFA over 1,OOO square feet) is that it is a relatively
rare housing type. Of the total estimated GRFA allocated
to dwelting or accommodation units (263,796 sq, ft' or
64,627o of total estimated sq. ft. in CCI). This housing
type aceounts for onl_y 44,751 sq. ft. (approximately 39
units oyI7% of the total'estimated sq. ft. in CC1 ).
This unit constitutes 3% of the sq. ft. allocated for this
type of dwelling unit, Due to the limited availability
of this housing type,, we believe it would have significant
j-mpact on the desirable mix that is currently existing
in CCl,
C. Effect of the use on light and air, distribution of
population, transportation facilities, utilities, schools,
parks and iecreation facilities, and other public facilities
and public facilities needs.
Our principal concern. under this factor would be the dis-
tribution of population. llle belleve that the size of this
unit would be eondusive to encouragement of permanent
residents to use the unit . which we feel is desirable.
o1QnPlanning Qgt4tniss
October 23 1975
Page 2
F.
D Effect upon traffic, with particular reference to conges-tionT automotive and pedestrian safety and conveniencetrafflc flow and control, access. maneuverability, and re-moval of snow from the streets and parklng ateas,'
We forsee no major conflict with these considerations;
however, the use would involve some truck traffic fordeliveries to the store and from the store to customers.
Effect upon the character of the area in whlch the proposed
use is to be located, including the scale and bulk of theproposed use in relation to surrounding uses
Assuming that character refers primarily to physical
concerns, we see no conflict wi-th this provision.
Such other factors and criteria as the Commission deemsapplicable to the proposed use.
Previous applicants have complained of the noise problem
eninating from the Nu Gnu which is located below thedwelling unit in question, lVe have no information regarding
,this problem, We suggest th'at a committee of the Planning
Conmission visi-t the unit during Nu Gnu business hoursto determine the proported negative effect of noise.
The applicant has inferred that economic eonditions have
changed in the dlstrict which has encouraged him to con-slder conversion to a commercial use. As the Planning
Commission is aware we are not able to a.ccept these reasonsfor justirication of the request because they are concerned,with economic factors.
It is of concern to the staff that several changes have
occurred within the McBride Building within the last
several years, The zonj-ng ordinance allows for a maximum
of 8 0OO sq. ft. for any one business, Gorsuch is currentlyat 9,000 sq, ft, In 1974 an additionll 250 sq. ft, wasallocated for the Country Flair shop, In 1975 a request
was made to convert an additiqnal 1764 sq, ft, This pro-
posal was later withdrawnt however it has been brought
to our attention that a dwelling unit has been converted
to storage just prior to the adoption of the horizontal
zoning amendment If this assertion is correct approxi-
mately approximatety 80% of-the building is in non-resj-den-tial uses. Assuming that 64% of total area allocated toresidential uses is the average in CCI . this building would
be approximately 2O% beyond the average for the entire
CCI area.
. --rI "r.::
t
I
Slannlng CommissiU
Sctober 23; l.975
Page 3
lfe believe a tour or the building is necessary to determine what the actual use allocation at this time is.The Planning Comlssion may want to coneider the proposJ.-tien that no bulrding shoutd be alrowed to convert uetowa standard percentage level ,
we shoutd consider the conseguences of corttinuing to in-crease available comerclal spaee. in CC}, Figures indicated that major new areas of somrnerclal use are becoming available or are under=utllized, By lirnitingexpanslon of commerciar uses in cc1 it may have the effect. of improving utiLlzation of other conunerciaL areas.
II, FINDINGS/
until the above information is gathered, we do not feel it isappropriate to make any reconmendations'at tbis time.
fu.-r- zadl
T0wl{ 0F
BUILElINGi
l/A tt
PEFIMIT
APPLICATION
ACCEPT€D
>3
/
P 7^f;
HAVE
READ THIS APPLICATION AND STATD THAT THE
ABOVE IS CORRECT AND AGREE TO COMPLY
WITH ALL TOWN ORDINANCES AND STATE
LAWS REGARDING BUILDINC CONSTRUCTION,F fuL-
oArE oF neelrcarrou 1fi
CLASS OF WORK
NEWI) ALTERATION ADDITION REPAIR I I
USE OF BUI LDING
SO, FT. OF BLDG.HEIGHT IN FT.OFF ST. PARKING
MAIL ADDRESS OFF ST. LOADING
NO. OF LIVING UNITS
AIR ( I ELEC ( }UNITI}
LOT BLK FI LI NG
1. TYPE OF CONSTRUCTION I II III IV V I HR
z. occuPANcY GRouP "@ "
E F G H r J
BUI LDING PERMIT
SPECIFlED
FI BE SPRINKLERS
WET STANOPIPE
DRY STANDPIPE ELECTRICAL
AREA SEPARATION
OCCUPANCY SEPARATION
TOTAL FLOOR AREA
TOTAL LOT AREA
FLOOR AREA BATIO
EASEMENTS
VAFIANCE
UNCOVERED
DATE
SIGNATURE OF OWNI]IT OR CON'TItACTOR
t
JOB NAME
rrv*cnoN neoudsr"
AM PM
DATE
READY FOR
LOCATION:
INSPECTION:
TOWN OF VAIL
BUILDING:
tr FOOTINGS / STEEL
PLUMBING:
tr UNDERGROUND
tr ROUGH / D.W.V.
D ROUGH / WATER
tr FOUNDATION / STEE_
tr FBAMING
tr INSULATION
tr SHEETROCK
tr GAS PIPING
NAIL tr
tr
D
POOL / H, TUB
tr FINAL FINAL
ELECTRICAL:
tr TEMP. POWER
MECHANICAL:
D HEATING
tr ROUGH T] EXHAUST HOODS
tr CONDUIT tr SUPPLY AIR
tr tr
trT] FINAL FINAL
tr APPROVED
CORRECTIONS:
DISAPPROVED EnetruspecroN REeUTRED
DATE
READY FOR INSPECTION:
# ,16- 'j'/
LocArloN: 'l.l:;" "l)
4'
JOB NAME
2 - z-a
r.r*cnoN REouEbT.
TOWN OF VAIL
CALLEB / L/
MON E WED THUR
?\ , i;rj-o(: tJL _ (-,11i:U ,
PMFRI
BUILDING:
D FOOTINGS / STEEL
PLUMBING:
tr UNDERGROUND
D ROUGH / D.W.V.
tr ROUGH / WATER
tr FOUNDATION / STEEL
N,,INSULATION EI GAS PIPING
O SHEETROCK O POOL / H. TUB
tr FINAL
30- 7-li"+
ELECTRICAL:
tr TEMP. POWER
MECHANICAL:
tr HEATING
tr EXHAUST HOODS
CONDUIT tr SUPPLY AIR
tr FINAL FINAL
tr APPROVED
CORRECTIONS:
tr DISAPPROVED tr REINSPECTION REQUIRED
4.i U dt-I- ou + vtt' i)zv<t* lttt s t',., ':-i,.t *,r.,-.- et <-t r.
,.?.)
/
DATE INSPECTOR
oo
,t
/ lri {t l*;i t,
\
t /)f:_ i1
Hffilff* & Environnenturt""ion
Meeting of April 24, IWg
Not yet approved by the Plannirtg Cqrmission
Ccnmission Menbers Present
&l Drager
Sandy lti11s
Ron Todd
Jim l[organ
Jack Goehl
Foger Tilkeneier was out-of-torvn
Gerry lVhite vas on vacation
Staff Mqrbers Present
Jim Rubin (entire neeting)
Diek Ryan (4:20 untj.1 corpleticn)
1.) Hi11is Akin Residence-setbac
y .l 7i-c,tt*-.,
ffie b;/- 4dT,
Jim hrbin explained the setbacks. There was a discussion.
Ttre revj.sed and redesigned plans were presented by the architect.
IYalter Kireh vfrro omrs the properff on the north side of the creel<
stated lris two objections:
a. Tlre driveway will destroy a nice stand of trees
on the southeast corner of the 1ot.
b. The house is too bulky to be located so close to
the stream with 35 feet elevtutions. He thirrks
the house eould better fit the 1ot.
Sandy Mi1ls suggested he redesign and cone back. She feels therereal1y isr't a hardship a"s the cmner krerv the lot vrhen he boughtit. Jim Rubin explained that this is not an orrJinary Iot, withthe buildable area rvithin the setbacks being insufficient for a
reasonably sized duplex.
Sandy Mi11s made a nrrtion to dexy the Setback Variance Request for
the Hil1is Akin residence proposed for Lot g, Bighorn Estates. Jack
Goehl seconded the rnrtion. C,oehl, Todd, and Mil1s voted for thernotion. I!{organ and Drager voted ap.inst the nption. The nrrtion
.:passed.
Ed Drager inforned the architect that he has 10 rlays to alrpeal tothe Council.
Sandy lt{i11s sriggested that the architect neet rvith staff to work on
a front setba"ck as an aitemative to the stream setback.
!lF'-}a.i
Hi11is Akin Residence-Setback Variance R
Lot 9, Bighcrn Estates
Minutes (4-24-79)
Paee T\nc
2.>
Jim Rubin e><plained the location of the horse, the history of the 1ot,
and also that the neigtrlus had been notified with no one objecting.
Katz is the nearest neighbor, Jim said he feels that the questi.on
i-s, "Is there a real hardship?"
lvlrs. !'.!edsker pr.esented her rnenp and plans.
Ed Drager said that if the Torn pond were not on tbeir 1ot, the Medskers
could have had more of a choice where to place their house.
Sandy Mi11s asked if the encroaelnrent of the pond will be a hardship
forever.
fl,on Todd read a staterent frcrn the Torl,n Attorney's Mmo.
Jim Morgan roved that the Setback Variance Request for the Stan Medsker
Residence for Lot 12, Block 1, Vail Village 13th be approved. Ron Todd
seconded the nntion. Todd, Goehl, Drager and Morgan voted for therption. Mi1ls voted aga.inst the motion. The rnction passed.
Ed Drager told Mrs. lvtred^sker she can make her presentation to the DBBafter the 10 day appeal period.
3.) Love for Resubdivision of Parcel A, Bi Subdivision
Parcel A rn First
Pos{>oned until May 22, 7979
4,) Creekside Bui.lding Rrquest for Conditional Use Permit in €f
Ifithdrawn
6.) Discussion with John tr{cBride on Proposed expansion of Clock Torver Porch
The Ccrnnission net at the Clock Tower at 2:3O.
Ii{r. Drager said he felll that they should neet with lr{r. Ryan as he feels
before they make deci.sions on anythjng like the Cloclr Tovuer Porch, they
need to decide on a l,&r.ster Plan for the CCI lrbll Area.
Jim Morgan said he, too, feels a Mall- Plan is n@essarj/.
Sandy Mi11s said the Bridge Street side of the plan is good, but snor,
rerDval rvculd defjnitely be a prcblqn.
Jack Goehl said he feels an overall plan is needed.
Bon l'od.d did not attend the 2:30 rneeting.
No mot ion was nade.
Mirutes (4-24-79)
Page three
7,) Andy Nomis-Preljminary of Mansfj,eld Village
Andy Norris said he nainly wanted to fu1ly acquai-nt the sta^ff and
conmission with the nein points of their project.
He explailed the Learning Center part of their project.
a. There will be a Continuirg Education Center
nainly to acconnodate Clr0.
b. There will be a 250-300 seat auditorium for filrns,
lecturers, etc.
c. There w:ill be a library. (Perhaps the Tor,wr Library)
d. Ttrere will also be offices for scholars, etc.
It would be 28,000-3210O0 square feet. It wcmld be non-profit owned.
Ctr& cqrld have a lease-E:.rchase arrangerent. Library could be or,vned
by a foundation.
95Y. of the Parking wculd be coverred.
Tlrere would be a 150 rocrn hotel , 34 Condcrniniums (qner occupi-ed) and
34 rental units.
It rvould be a lowrise vi11age. Ttrere would be 10,000 to 12rO00 squarefeet of connercj-al spaee r*einly for the use of the owners and users. It
wcr.rld not be p5uest oriented.
There would be four indoor Termis Cor.rts, two racquet ball courts, tvuo
squash courts and an jrdoor-outdoor s:winming poo1. The tennis courts
ard pool wqrld be scheduled for use by the public. Also there would
be about 1000 private msnbers. There would be an eatjlg facility and
locker rocms.
This is a 16.8 acre parcel in Special Develognent District Four. Tlre5r
have purchased the Robbins T?act. 'Itrere is another tract approxirnately
1.4 acres which 'Lhey are tryjng to buy. It is in the lvay of ttre bj.kepath so he would like the Tovin to think about condernilg this tract ifneeesalTr. ..
He wourld like to nske his forrral presentation on \lay 22.
IIe would 1iJ<e everyone to see the report done by Allen Gerstenberger.
Jim Rubin u"ill malic' copi.es for Ccnrnission nxrrbers.
Minutes (4-24-79)
Page Four
8.) Jay Peterson-Preljmjnary Discussion of Annexation of Pareels B'
C, D, and E, Lionsridge Filing No.2
Jay Peterson and Ron Todd nade the presentation. It is a 77.7 acre
parcel vtiich is cumently in the County. Jay would like to contract
the zoning with the Torm of Vail now for possible annexation jlto
the Torn.
It is 16? units. He would like the PEC to nske a preliminary recmrnendatj-on
to the Tcrvn Council to consider this for annexation.
The Staff feels the site plan can work but that the upper area might
not be developable. They wculd need proof that it can be developed.
Hopef.ully, if this is arurexed, the To,vn could buy Lhe upper part for
open space. Ttre staff does agree with the revised site plan except
in the upper area.
Jay wcnrld li-ke to go to Council on ll4ay 1 to begin annexation.
There is approxi.nately 30 acres developable.
Ed Drager nade a nption that the Conmisslon rrge the Coimcil to annex
and contract zoning for Parcels B, Cr D, ancl B, Licnsridge filing No.2
as presented today. Jim Ivbrgan seconded the nption. The vote was
unanjrnous rvith Ron Todd abstaining.
Ed Drager nsde a nption that the PEC urge the Tcxvn Counsil to acquire
Tract E, Lionsridge Filing No. 2 hopefu11l' 6u purehasi:lg it at cosL
(what the new cfi/vner paid for it) ancl makirg the purch-rse part of the
Annexation prccedure, Jim Nlorgal seconded 'l,he rmtiou. 'Ihe vote was
unanirnous w:i,th Ron Todd abstajaing.
5.) Lionsridge C1-C5 Approval for Devclopnental P1an.
Jay Peterson and A1len Gerst enberger nade the presentation.
Phase I vculd be a recreational building and 102 rmits. Bevisecl
plans werre explained. Ttrere n'as a discrrssion.
. Dick Ryarr read the points frrorn the SLaff lr'lernr and Jay made his
ccmnen];s.
1.) Depar-tnent approval of the location and desigtt of
contairers. Jay agreed to this.
2.) Construction of an ilternnl siderv:alk and an off-set
sider.valk along Frontage Road. Jay did not agree rvith
this.
3.) Constmction of a bul; pull-cff area ancl shelter. Appljcant
slrould work rvith Jon Bberlc concerning location ancl speci-
fication. Jay agreed to this.
Itinutes (4-2449)
hge I'ive
4. ) Special Treatrent of the concl€te retainilg vaIls.
Jay agreed to this.
5.) Constnrction of protective wa11 along Lionsridge
Ioop. Jay did not agree to this.
6.) Change in location of stnrctures as reco npnded in
mernorandum. Jay agreed to this.
7.) Adding windows to the West Blank wa11 of the three
story structures with views to the vest. Jay-agreed
to this.
8.) Increasing the distance between build:ings to allclr.
rnone natural light into the ccnrrtyard on the three
story stnrcture. Jay agreed to this.
9.) Redesigrr landscape plan to include additional
landseaping to the street surface. Jay agreedto tbis.
10.) Schedule of when the recreational anenity package w:il1
be constnrcted. Jay agreed to this.
Dick ftyan a.dded an eleventh item.
11.) Redesign the grades on the dri.vways entering into
the project so that they do not e<ceed 8%. Jay agreedto ttris.
Sandy l{ills nade a rmticn to approve the preliminary site pJ,an for
Licnsridge C1-C5 eonditional on the before-rrentioned iterrrs 1-11 v/ith
the exceptior of #2 and #5. Jaek Goehl seconded the rntion. the vote
was unanimous.
The rreetfug afiourned at 6:0O P,M.
'wt
luwn
box 100
vail, colorado 81657
{303} 476.s613
department of community development
June 16, 1978
Mr. John l,{cBride
1O5 Pacific
Aspen, Colorado
Dear Mr. McBride:
Your request for Conditional Use Permit to al1ow conversion
of apartment unit to office or retail space on the second floor
of the McBridge Building in Vail, Colorado was brought beforethe Planning & Envj.ronmental Comrnission on June 13, 1978.
This.letter eonstitutes notification that this request has
been approved and granted by the Planning & Envlronmental
Commission by their vote of 5 to 1,.and be advised that tn-is
approval requires that two offsite parking spaees be paid
for with the same provisions made for Cyrano's and the Hong
Kong Cafe. The offsite parking requirement will be heard
by the Vail Town Council at their meeting of June 20, 1978
and the fees will be set by ihem at that time. The Plannlng
& Environmental Commission decision will be final ten (10)
days fron June 14, 1978 if, not appealed to the Vail Town
Council
DST/gew
F
PUBLIC NOTICE
NOTICE IS HEREBY GMN that John McBride has applied
for a Conditional Use Permit to al1ow conversion of an
existing dwelling unit to counercial space on the second floor
in Commercial Core 1 Zone District. Said building is located
on Lots C, d, and E, Block 5, Vail Village First filing.
Application has been made in accord with Section 18.24.O4O
of the Towa of Vail Municipal Code.
A Public Hearing will be held before the Town of ValI
Planning & Environmental Commission on June 13, L978 at 3:00 P.M.
in the Vail Munieipal Building. Said Hearlng will be held
in aceord with Seetion 18.66.060 of the Municipal Code.
Zoning Administrator
Published i.n the Vail Trail May 26, Ig78
a S.Toughill
o'
APPLICATION TOR VARIANCE
And/Or
COND I I'IOIIAL USE PERI,I I T
Ordlnancc llo. 8 (Series of 1973)
Applicatton oate ,{'/& -7( Publ ication
Hearf ng oate- 6 - t? - 78 +{earing Fee
Fl na I Dec I s i on dafe {or Town Counc | |
| (ve )
8{,;r?,'b'--
(ci
do hereby requesf pernrission to appear
Commission to request the follorving:
) Variance f rom Article-, Sec+ton /('2/.a4o( ) Zoning Change from to( ) Parki ng Variance' lX, Condif iona] Use Permif to allovt-h
ln CC Zone.
For the follovring described property: Lo+ / + rac+lQad!-, B.l ock
il//
purpose and intent o{ th is app I ication
/os fue,i ic(Address)
Phone lzs 2ta z
tv)
be fo re ihe Vai I Planning
Fl llng l'lumber
C I ea r ly state
'eil
;-\l6M rv 4-tc
(App I i ca n t )
llhat do you feel is 'l-he basis for hardship In fhis case?
gnature
o
MEMORANDUM
TO PLANNING & ENVIRONMENTAL COMMISSION
rROM DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE 13 June 1978
REF J.OHN MCBRIDE REQUEST FOR CONDITIONAL USE PERIIIIT
AND OFFSITE PARKING - IJCBRIDE BUILDING
John L{cBride has requested a conditj.onal Use Permit to a11ow
an existing dwelling unit loeated on the second floor of
approximatery rt+o sq. ft. to be converted to more commercial
"irr." for Gorsuch, L{d. At this tlme they have not decided
whether to use the space as office space or additional retail
space. The conversion to either commercial use would require
payment for two offsite parking spaces for which Council
must set the fee
We have rirrestled with the employee housing in the Vail
Village Core for many years. The debate has been long,
and ai times heated, but with the Horizontal Zoning Ordinance
we believe that the Town has found at least one measure to
control cominercial expansion. I don't think that anyone
. felt that with the paisage of the ordinance the problem would
be solved.. The Department of community Development feels
there is a signifilant social and economic or safety benefit
'to the area by having fuIl-time residents occupying dwelling
units in the bore. If a problem developed it could be
dealt with more efficientlY.
Our dilemma has been and continues to be how to substantiate
the need for this type of living unit. A11 of us involved
in the initial horilontal zoning felt intuitively that existing
long-term dwelling units should remain. But, we have no means
to rnake a non-intuitive decisj-on, only experience to date.
Again, we suffer from a lack of the facts or a more objective
method of evaluating individual applications.
The following is offered at least as a step to provide a
level of inform*tioo on rvhich we can base a deci-sion. IVe believe
the issue of permanent housj.ng in commercial core 1 to be
fundamental to our planning effort " It iS evident from the
discussion to date that we lack definitj.ve criteria for iudging
the merits of certain types of proposed changes in use. Now
that the parking issue his finally been resolved in CCI , .
eaeh appticatioi must be carefully consiclered on its own merit.
The basic motivating force behind the horizontal zoning ordinance
was a recognition that long-term lrousing iu the area is beneficial
MEMORANDUMPg. 2
MsBride Request for
Offsite Parking
o'
Conditional Use Permit &
- McBride Bldg.13 June 1978
to the health, safety and welfare of the community' l{e do
not believe that this philosophy has been altered since
the ordj-nance \vas aaopleA. I] we do not have agreement as
to these underlying p-hilosophies, then the ordinance should
be seriously reconiiberea and amended' lTe have spent con-
siderable time in trying to isolate this request from other
"irni1ut applieations in the area, some of which have been
approveO aiA so*e that have been denied' We eannot rely on
experience from otfrer communities, because there is no other
comparaUte. Should this request be granted, it-must be proven
that uny mitigation effort would not substantially improve
the living quit ity of the area and that the unit is not
es:sential to the Lealth, safety, and welfare of the neighbor-
hood. The potenti;l-iri"ct of-iurther reducing ttre dwelling
units in the area must -be carefully considered'
The staff has reviewed
aceording to Section 18'60O
the following comments:
FACTORS
the Conditional Use Permit request
of the Zoning Ordinance and have
1' Relationship and impact of the use on development
obiectives of the Town..
The applicable development objective under the Horizontal
Zoning Ordinance that is of concern in the request is the
continuanee of the various commercial , residential , and
public uses in commereial core f so as to maintain the existing
character of said area.
' Our principal concern with the conversion of this type
of unit (GRFA o,r.t 1000 .q. ft' ) is that it i-s a relatively
rare housing type. Of ttre totat estimated GRFA all-ocated
to dwelling or accommod'ation units (263,196 :9' ft' or
64.62% of total estimateO sq. ft: in CCl)' This housing
type accounts for ;;;;;;i*;!"tu.25 units or less than 10%
of the total estimaila sq. ft' in CCl' Due to the limited
availability of this housing type, we believe.it would have
;i;;i;i;;"i" itpt.t on the desirable mix that is currentlv
existing in CCI .
2' Affect of the use on light and a'ir' distribution
of population, transportation facilities' utilities'
schools, parks and recreation facilities' and other
public ioliriti.s and public facilities needs'
Our principal concern under this factor would be the
distribution of pop"i"tion. We believe that the size of
this unit would Le'conducive to encoura€lement of permanent
iii;ia.iii" i" "*"-irre unit, which we feel is'desi.iable.
o'
MEMORANDUMPg. 3
McBride Request for Conditional Use Permlt &
Offsit.e Parking - McBride B1dg"13 June 1978
3. Affect upon traffic, with particular reference
to congestion, automotive and pedestrian safety
and convenience, traffic flow and control' access'
maneuVerability, and removal of snow from the
streets and parking areas.
We foresee no major conflict with these considerations;
however, the use could involve additional delivery traffic
if the space is used to expand Gorsuch Ltd. retail space'
the character of the area in which the
is to be located, including the scale
the proposed use in relation to surrounding
We see no conflict with this provision except as out-
lined above.
5. Such other factors and criteria as the Commission
deems applicable to the proposed use.
Previous applicants.have complained of the noise problem
eminating from the Nu Gnu which is located below the dwelling
unit in question.
It is of concern to the staff that several ehanges
have occurred within the McBride Building and in the A & D
Building wi-thj.n the last several years. In L974' an
additional ?50 sq. f-u. was allocated for the Country Flair
shop which had been a dwelling unit. In 1975, a request -was made to convert an additional 1764 sq. ft ' This proposal
was later withdrawn. A dwel"ling unit was converted to storage
just prior to the adoption of the Horizontal Zoning amendment.
conditional use Permits in ccl also require that we review
the following development factors in accord with Seetion
L8.24 . O70 .
1. Affects of vehicular traffic on CommerciaL Core I
district
2. Reduction of vehicular traffic in CommerciaL Core 1
district.
3. Reduction of nonessential off-street parking.
4. Control of delivery pick-up, and service vehicles'
4. Affect uponproposed use
and bulk of
USCS.
o
MEMORANDUM
Pg. 4
l,fEiriae Request for.Conditional Use Perrnit' &
Offsite Parking - McBride Bldg.
5.'Development of public spaces for
13 June 1978
use by Pedestrians.
6.Continuanceofthevariouscommercial,residential,
and public uses in Commerci-al Core 1 district so as
to miintain the existing character of the area'
7. Control quality of construction, architectgT"l design
and landscape design in Commerei'al Core I district 'so as to maintain itre existing character of the atea'.
8. Affects of noise, odor, dust, smoke and other factors
on the environment of iommercial Core I district'
a surnmary of those items we feel are
to consldbr as they apply to tl''e above
l.NoiseisoneofthemajorproblemsfacJ.ngresidents
in the core area whish contribute to a negative residential
environment in the Core.
a. Delivery vehicles;
c. Service vehicles;
d. Pedestrian traffic;
e. Late night drunks.
The two major sources of noise irritation to residents
inthe&reaarerestaurantandbarnoisesduetoliveoru*piiti.a musj-c which eminates from open doors and.windows
or^ inadequate sound proofing, as well as late night drunks.
A fairly comprehensive study was conducted in L976
which indicated that sound levels oi a 24-nour basisl in
the area were:
The following is
extremely important
factors
Decibels*
30-40
41-50
51-60
61-70
71-80
% of time Period*
50%
457o
4%
o.9%
0.1%
% of time
1-7 P.M.
period
?P.M.-3A.td.3-9 A.M.
30-40
41-50
51-60
61-70
71-80
case day
50%
48% .
t%
. o.e%
o'l7o
from Znd floor
50%
491o
o,9%
o.r%
0
ofA&DBldg.
5O7o
4O7o
8%
L.9%
o
lworst measured
o'
MEMORANDUIU
Pg. 5
MEgriae Request for Conditional Use Permit
Offsite Parking - McBride Bldg.
Noise Levels for a 24-hour Period
Maximum 80
Medlum 45
Minimum 32
13 June 1978
dB
dB
dB
2. Trafflc.
a. Parking: The permanent residents of the area
currently have the pioblem of finding adequate parking
for their units. The lack of adequate parking for
the fult-time residents discourages prospective
tenants from living in the area-
b. Deliveries: We feel that more traffic is
probably created by permanent residents in this instance
iLnce tle proposed- cbmnoercial space is an expansion of
an existin-g tusiness and would not require new types of
delivery vehieles in the Core-
After careful consideration of the impact of the conversion
of this unit, and all factors, the Department.of community
Development recommends approval of the conditional use
Permit and. further recommends that offsite parking be
assessed for 2 spaces in the same manner as Hong Kong cafe
and Cyrano's.
v
re
PROOF OF PUBLICATION SESI ss
STATE OF COLORADO
COT.]NTY OF EAGLE
\atrA.
S*
F
)(
,, f,C,"N k""* do soremnry swear that r am
the ?-U-6145K€e- of THE VAIL TRAIL; that the same is a weekly newspaper
printed, in whole or in part and published in the County of Eagle, State of
Colorado, and has a general circulation thercin; that said newspaper has been
published continuously and uninteruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first publication of the
annexed legal notice or advertisement; that said newspaper has been admitted to
the United States mails as second-class matter under the provisions of the Act of
March 3, 18?9, or any amendments thereof, and that said newspaper is a weekly
newspaper duly qualified for publishing legal notices and advertisements within the
meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the r"gular and
entirc issue of every number of said weekly newspaper for the period of I
consecutive insertions; and that the first pubication of said notice was in the issue
of said newspapet aatea %PlEtV+B@, Q6 1.D. 1915 and that the last
publication of said notice was in the issue of said newspaper dated
@tEvlBfl? 1Jo A.D.1eJS_
ln witness whereof I have hereunto set my hand trris 24{ aav ot
3@ler(B{F.- A.D.1ef,S-
Subscribed and sworn to before me, a notary pub
State of Colorado, tnls J? e day of
ounty of Eagle,
A.D.rszi
My Commission expires Ynar.c-t- /G fi7'
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT Mr. and Mrs. John Kaemmer have requested
a conditiona'l use permit in accord 0rdinance No. 16 (series of .l975),
an
amendment to the Zoning Ordinance,0rdinance No. g (series of 1973); and a
parkjng variance in accord with Section .|9.200 of the Zoning 0rdinance in
order to convert a dwe'lling unit in the c'lock Tower Building to an antique
store to be located at 263 Gore Creek Drive, Town of Vai.l , Co.l orado.
A Public Hearing will be held in accordance with section 2.l.500
of 0rdinance No. 8 (series of 1973) on 0ctober 16, 1975 at 3:00 p.m.
before the vail Planning commission whose decision will be transmitted
to the Town council for fina'l decision on 0ctober z'l,1gls at 7:30 p.m.
Sai d heari ngs wi 11 be hel d i n the Vai'l Muni ci pa.l Bui 1di ng.
TOWN OF VAIL
DEPART;I'IENT OF DEVEL0PJ'tENT
/Y4-r'L-/L/.z* \.>t
Diana S. Toughi'11
Zoning Administrator
Pub'lished in the Vail Trail September 26, 1975
oI
APPL ICAT I ON FOR VAR IANCE
And/0r
CONDITIONAL USE PERMIT
Ordinance No.8 (Series.of l9i3)
r Publi
Hea r i
Town Counc i I
Applicafion
Hear i ng Date
Flnal Decision
(we)
t
For fhe followi
Fi I ing
ng described property:Lot/ f ra ct_-_.-..-,B lock
cat ion Date
ng Fee
Cle^arly
Number
sfate purpose and. intent cf this application
hardsh case?
TOr
FROM
REr
MEMORANDUM
PLANNING COMMISSION
: DIIPARTMIiNT OF COMMUNITY DEVELOPMENT
JOHN KAE]',IMER REQUEST FOR CONDITIONAL USE PERMIT AND
PARKING VARIANCE .. IUCBRIDE BUILDING
The staff has reviewed the Conditional Use Permit request acco?ding
to Section 18,600 of the Zoning Ordinance and have the following
comments i
Request; The applicant has requested that an existing dwelling
unit consisting of approximatety 1140 square feet, located on the
second floor of the llcBride Building be converted'to an antique
shop, The request would also require a parklng variance for two
spaces
I, Factors
A. Relationship and impact of the use on development objeetives
of the Town.
B. The applicable development objective under the Horizontal
Zonlng Ordinance that is of concern in the request is
the continuance of the various commercial , resi.dential,
and pubtic uses in Commercial Core I so as to maintain
the existing character of said area
Our principal concern with the conversion of this type of
unit (GRFA over 1,000 square feet) is that it is a relatively
rare housing type, Of the total estimated GRFA allocated
to dwelling or accorrunodation units (263,796 sq. ft, or
64.62% of total estimated sq, ft. in CCl ). This housing
type accounts for only 44,?5I sq, ft. (approximately 39
units or ]-7% of the totat-'estimated sq. ft. in CCI)'
This unit constitutes 37o of the sq. ft. allocated for this
type of dwelling unit. Due to the limited availability
of this housing type,. we believe it would have significant
impact on the desirable mix that is currently existing
in CCI
Effect of the use on light and air, distribution of
population, transportation facilities, utilities, schools,
parks and iecreation facilities, and other public facilities
and public facilities needs, '
Our principal concern, under thls factor would be the dis-
tribution of population. We believe that the size of this
unit would be condusive to encouragement of permanent
residents to use the unib, which we feel is desirabfe.
c.
Planning
October
Page 2
D
corrlti""io?23. 1975
E.
Effect upon traffic, with particular reference to conges-tion; automotive and pedestrian safety and conveniencetraffic flo.w and control , access. maneuverabillty, and re-
moval of snow from the streets and parking areas.'
We forsee no major conflict with these considerations;
however, the use would involve some truck traffic for
deliveries to the store and from the store to customers.
Effect upon the cbaracter of the area in which the proposed
use is to be located, including the scale and bulk of the
proposed use in relation to surrounding uses
Assuming that character refers primarily to physical
concerns, we see no conflict with this provision,
F. Such other factors and criteria as the Commission deems
applicable to the proposed use.
Previous applicants have complained of the noise problem
eminating from the Nu Gnu which is located below thedwelling unlt in question, I[e have no information regardlng
this problem, 1,[e suggest that a committee of the Planning
Commission visj.t the unit during Nu Gnu business hours
to determine the proported negative.effect of noise
The applicant has inferred that economic conditions have
changed in the district which has encouraged him to con-
sider conversion to a commercial use, As the Planning
Commission is aware we are not able to accept these reasons
for justirication of the request because they are concerned.with economic factors.
It is of concern to the staff that several changes have
ocsurred within the McBride Building within the last
several years, The zoning ordinance allows for a maximum
of 8 000 sq. ft. for any one business, Gorsuch is currently
at 9.000 sq, ft, In L974 an additionhl 750 sq. ft, was
allocated for the Country Flair shop, In 1975 a request
was made to convert an additional 1764 sq', ft, This pro-
posal was later withdrawnt however it has been brought
to our attentj.on that a dwelling unit has been converted
to storage just prior to the adoption of the horizontal
zoning amendment If this assertion is correct approxi-
mately approximately 80% of-the building i.s in non-residen-
tia"l uses, Assurning that 64% of total area allocated to
residential uses is the average in CC1 , this building would
be approxj-mately 2O7o beyond the average for the entire
CCl area.
ft'"'rlt:;:r-
Page 3
Comrni""iol
23, t975
o
ITe believe a tour or the building is necessary to determine what the actuaL use allocation at this time fs,The Planning Corunission may want to consider the proposi-. tlon that no bulLding should be allowed to convert bblowa standard percentage leve1,
'
We should consider the consequences of eontinuing to in-crease ava1lable cornmercial space in CCl , Figures lndicated that major new areas of commerclal use are be. eoming availabLe or are under=utilized, By limitingexpansion of commercial uses in CCl it may have the effectof improving utilization of other commerclal areas.
II, FINDINGS i
Until the above information is gathered, we do not feel it isapproprj"ate to make any recormendations at this tirie,
,t-h.
'.I:e'
V1
box 1oo r voil, colotad.o 816s7 303.t0r6-s613
Decenber 28, 1974
The Kegc/o Steve Ruder
Box 652Vai1, Colorado 81657
Dear Sirs:
During an inspection of the Keg on Decernber, 2!, !974-, the.
folloiring deficiencies and/or iiolations of the Uniforn Fire
Code rvere noted. These itens are to be corrected as soon as
possible, but not Later than the date specified on the cor-
iection notice issued at the tine of inspection.
rtriclations, in detaiL, are as follows:
1. I{ood systen over cooking areas does not have a l'alid
inspection tag. These systems are to be checked and ser-
viced as needed every six nonths.
2. All extinguishers are rvithout valid inspectio! laSs. -These units aie to be checked and serviced as needed a rnini-
stum of once a year. In addition, these extinguishers should
be nounted on i.ra1l brackets where they wi1.1 be readily visible
and accessible in a location faniliar to all employees.
3. Existing exit light over nain entrance was not-operational
In addition to rnaking that unit serviceable, an-additional
exit J.ight or lights-are to be installed to guide Patrons to
the re,ar exit near l'estroons.
4.' I*{aintain a clear and open passagelrav to the rear exit'
This area is noi to be usea foi s-Lorage or accunulation of
trash or empty boxes. Fu1l rvidth ai.sles to the doorrvay must
be maintained.
li
:l
,l
.t
f. -: ,INSTRUCTIONS
. ; }lcg i De,EEslber 28, J-g?4
5' ope' electrical junction box-es were noted above the walk-in,over the sink area, ind in a iigirt iiiirii-ltnrru the bar entrance.These present a roieiy r,"zoi,r'a! welr. as " ii"" hazard. Theseand any otlrer exposed'wirin!-are to b.e coveied(" storage behind the bar was excessive and cluttered. Thisllti"il?;trtj. "to'" onrv iusoiii" n"."ssities
"r,a r" kept as neat
In addition to, th." ll:p"ction, -the fo11or,.ing occupant load, asspeci{icd ot t}:_o:iiJI;;-?;;lrri" ."a"1,'"lr"i"mputed. rhec,ccupart toad for the Ke! ii-rio, .;;;;;;a"i] iorrons:
Of the total square feet of the area, it is divided asshorr'n belorr,:
492 sq. ft. in permanent booths: 32 occupantszio sq. rt. i; e;;;;";i;";; so occupants144 sq. ft. jn stage .r"ii 10 occuiants1"54 s{. ft. in ganing area: i0 occupants,Fff :q. f!. or iiiie-or'ilr., 37 occupantsrssb sq. ft. of useabl" *.u"-- = ]'?.O;;;;;;r.,
Due to limi.ts tl?l-have been perrnitt-ed in the past, the FireDepartment is wil-ri"s'io-iii";"; higher-nr*illr"of occupants onthe prenises. as ronE ai "uiie"n"rrg-and or*rru"irrip agree ro keepa tighr contior. o"-iil"-iffi;f;i;.1imit, and naintain borh exit!rn a werr-righted, operabl" ;;;dition.' ii-'rlie conoitions canDe inet' t'c a110r','abrb rimit "ili be 260 .cc'pants. periodicchecks r.'i1r. be rnace- ;"-il;;r;'ii".. tr",ii "i*u5;";= not exceeded.Exceeding this speci"r iirii-"iir^lu grounrls for issuance of a#:::ii"3nd enrorcenent or the-i20-;.3;;;;I"r"ii as the code
B'ith rc.qard to ll"^::ir_:xit, s9n9 changes or moct i {:ications rvi11oe required. The code statei that- exits shal1 be naintainedgpenablc+ fron the -insid;-;i;;";; tr,u ,ri. oi"i-tIn, or any specialknorrrledge or effort-at all tir"r. wten-iie-uririirrg rs occupied.To nal<e the rear e*ii-coii"t"l''irt" following are required:t. Docf -co be n_1ag9d on hinges ivhig]r pernir siv.inging to theoutside in such- a rnanner as iot to blocl.: the exit..
?. Door to be eqr.rippecl nith alg t!" door corriq L)c an alarnthe door rvere openea from-li.,eescape. An alarrn of this typerequircment.
knob or p.anic hardriare. Attachedryhiglr nouid notifr- rinns"*o";-;;'insicie for reasoni ottrei tlran iireis a suegestion only, ana "ot-a-
i tbJ.:1li,l'-li', S' :il't",: ll *"O 3il'fl':'J:"ll' i'J'll''*'' n' u u'
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Gentlcmnr
lhic lrttrr iE to rcqucat your epproval for r rrought lroa fcrccln front of the Cloct Torcr Inn. Thc fcncc ls to ixtcnd alongthc natural rock wal-l fron thc eorner of Bridgr Stract end GoiaCrmk Drlve to tha cnd of thc wal.l on Brldgc Strert.
Ihc ptrpocc of the proposcd foncc ls to cnclose thc patio andcreete a norc natural prdcctrlan trafflc flow by prsvcntlngpooplc fron clinblng ovcr thc rock rall. Alsor Chlldrcn sicnneturally incllncd to pLay on thc rock rlll rnd the lnrtallatlon rof a fcncc rould prcvcnt thr now cxlstlng hazard of a child falltngoff the rall.
A pietorial poat card wlth e drawrr outllnc of thc fincc lsenclosad to glvc you en ldea of hsw thc fencr wlll eppcar.Thr fancc 1g to,be 'Ior profilc"(Z? lnchac off thc pitlo dcck).It ls to be constructcd of blaek palntcd wrought irbn and ectln r Eturdy fashlon.
I eppScclate your pronpt attrntion te thls nntter, rs rG rrc enriougto procccd ae qutckly as poatlblc.
Slnccrcly,
_ //
/' , ) r'<--/ t' t/ )r---' /'-4-azz-C. Brucc flartnanProprlctor
Clock Sorcr Inn
///"ffi,t/^, rtj,
I
DRAFT MEMORANDUM
T0: Town Council
FR0M: Community Development Department
DATE: July 22, 1975
RE; John McBride Parking Variance Exemption
Application for a three-car park'i ng variance/exemption has
made by John McBride in order to allow conversion of two apartment
of approximately 1,764 square feet to offices. No specific tenant
been
uni ts
has
been designated. ********* add attachment #l
The proposed horizontal zoning ord.i nance requires a conditional
use permit for any use which el'iminates a dwelling or accommodation
unit above the first floor. The Planning Cornmission has stated that
the preservation of existing housing in the Core area is the most'im-
portant goal of the Horizontal Zoning and feel strongly that the var-
iance should be disapproved; however, this application is identical to
the numerous other parking variance/exemptions previously granted by
the Council in this area.
The applicant further argues that the space in question is no
longer suitable for housing and must be rented at reduced rental rates
due to the noise produced by the Clock Tower and Nu Gnu. He has agreed
to preserve the existing apartment in the Town because'it is not suitable
for commercjal use due to numerous Bujlding Code Problems.
We feel that the decision on this parking variance be tempered by
the proposed Horizontal Zonjng Ordinance. The following findings must
be made before the granting of the varjance;
* Relationship and impact of the use on development objectives of the Town
Grant'ing of the variance would not constitute a grant of special
privilege in light of previous variances granted in the Core
area. In order to be consistentn a parking purchase contract
should be required.
Effect of the use on fight, and ajr, distribution of population,
transportation facilities, utjlities, schools, parks and re-
creation facilities, and other public fac'i litjes and public
fac i I i ti es needs .
Granting of the varjance could be detrimental from the stand-
point that it elimjnates housjng in an area where mixed uses are
necessary to the viabi'l jty of a successful area. We are aware
that simjlar var.iances have been granted in lhe past; however,
we feel the depletion of the housing investors is becoming a
service problem and further deplet'ion could be quite detrimental
to the area and we therefore recommend a cautious approach.
* Effect upon traffic, wjth particular reference to congestion,
automotive and pedestrian safety and convenience, traffic flow
and control , access, maneuverability, and removal of snow from
the streets and parking areas.
The-epi teria -of-the- Zeninq-0rdi nan€e-states- that-the-€eu neil
5ffiJf-6snsider.-uThe-degnei-te-whi eh-pelief '" "i s-neeessary- te-
aeh ieve-eompa tibi 1i ty-and -u ni fermi ty- ef-
The priv'i lege of converting dwelling units to commercial space
has been extended to owners of other properties in the same
district.
The criteria of the Zoning 0rclinance states that the Council
shall consider "The degree to which relief... js necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity.
Attacfment #l -- the applicant sights as a reason for the request the
Toilor,{ils:
"Since two apratments are located above a restaurant with Iate
night noise, it is difficult to get the going rate in rents.'l
The Zoning 0rdinance states that "Cost or inconvenience to the
applicant,..shall not be a reason for granting of a variance"
The Department has reviewed the criteria and findings as presented
in Section 19.600 of the Zoning Ordinance. lale have the following
/,/'
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comments:
FACTOR #I
The relationship of the requested variance
uses and structures in the vicinity.
to other existing or potential
The applicant states that due to surrounding noise problems
the dwelling units do not return a desirable rent rate. Pursuing
this logic nearly every dwelling unit or accommodation unit in
CCI is subject to the same or similar conditi.ons. Therefore,
the same argument could be applied to other variance requests
by other building owners, thus through time this logic could
effectively eliminate a significant amount of housing -- whatever
type-- from the CCI area. It should be remembered that thequality of a living environment is dependent upon the perception
of the occupant. Thereare as many different perceptions as there
are people. The applicant has not demonstrated to our satis-
faction that the Iiving environments of these units if,unacceptable
as a living environrnent. Further, the municipality has either
program or studies underway to mitigate against undesirable
noise, odor and traffic congestion in the CCI djstrjct. THe end
result being a more desirable living environment. Therefore,
we reject the applicant's argument. The adverse environmental
conditlSn reduces the desjrab'l ity of the dwelling unit. It
should be noted that means can be found to reduce the adverse
environmental 'impacts such as installation of windows,
carpeti ng , etc .
In our view allowing the variance under the condition that rent
rates are not comparable with the going rate is taking economic
or costs into consideration which is not allowed under the
Zoning 0rdinance. To the best or our knoweldge economics
has not been a condition under which a variance has been previously
granted. The closest comparable situatjon r,ras the Gra;4shammer
variance. It was the view of the Department of Community Development
that transient dormatory housing type was not a desjrable type
of housjng when located in the basement area due to the lack
of proper light and ventilatjon which then existed. . Th'i s is
not the case after a pre'l iminary review of the McB(lde Building.
The issue of economics in our view should address the economic
viabjlity of a class of use for the entire district. WE cannot
be concerned with specific jnstances of economic inequities.
Specific instances are totally conditioned by the market p1ace.
The health and stability of the market place js a concern of
the municipaljty. Clearly frorn existjng sales tax figures for
the past two years the health of the market place is good. Con-
sequently, we feel there is no basis for changing the Town policy
towards retaining this class of housing with'i n the conmercial core
area. Any inequity between owner and tenant should be resolved
at that level . The Department of Commun'i ty Development would not
be sympathetic to an attempt by the owner to price these dwelling
units out of the existnq market in order to force abandonment of
these uni ts.
FACTOR # 2
t"
"tt*
to which relief from the $rict or literal interpretation and
enforcement of a specified regulation'i s necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain
the objectives of this ordjnance without grant of special privilege.
l^le feel it would be a gqanl of special prividege; it would suggest
a precedent for subsequff applicants to use the argument of
economics and environmental conditions jf the varjance was granted.
FACTOR # 3
The effect of the requested variance on light and a'i r djstributionof population, transportation and traffic facilities, public facilities
and utilities, and public safety.
Adverse effects on distribution of population
FACTOR # 4
Such other factors and criteria as the Commission deems applicable to
the proposed variance,
Horizontal Zoning being considered -- under the wire
-the Boulder Case
--the Texas Case
Protection of empioyee housing
The variance providing they are not high traffic generators -- can be
acconmodated.
Have the applicant resubmit the proposal .
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vail, colorado 81657
(303) 476.5613
April 19, 1975
of f ice of the town manager
Mr. John McBride
P. 0. Box '1940
Aspen, Colorado 8161.|
Dear Mr. McBride:
At the request of Mr. Rod Slifer, I have checked the plans for the Clock
Tower Building with the proposed conversion of approximate'ly 2900 square
feet to office or retail space. I am enclosing an application for a
parking varJance which would be required to make the change. The present'
apartment use requ'ires 4,98 spaces and the proposed office or retail use
requires 9.75 spaces or a difference of 5 spaces for which you would need
the variance.
The Town of Vail Planning Commission has looked very unfavorably upon
residential spaces being converted into commercia'l uses. We are presentlyjn the process of adopting horizontal zoning for the core area which would
pennit your second floor spaces as proposed to be converted without the
parking variance, but it could be some time before this is actually passed.
At first glance, I don't think the Tower could be converted into another
kind of commercial use because of the Uniform Building Code requirementsfor exits. The existing spiral stairway does not meet Building Code re-
quirements for a legal ex'it and I don't see an alternative means of pro-
viding the necessany exits.
If we can be of further assistance, please feel free to call.
'Yours truly,
box 100
S. Toughilt
Admi ni strator
cc: Rod Slifer - Slifer & Company
-t-i .:i- <t
NOTICE OF PUBLIC HEARING
N0TICE IS HEREBY GIVEN that John P. McBride, representing the Clock
Tower (McBride Building) has applied for a parking variance in accord with Section 14.601
of Ordinance No. 8 (Series of 1973) in order to convert two apartment units to
office space, Iocated on Lots d and e, Block 5-8, Vail Village First Filing.
Proposed conversion will require an additional three park'ing spaces. I
A Pub'lic Hearing wil'l be he'ld in accordance with Section 21.500 of Ordinance
No.8 (Series of 1973) on July .|5,'1975 at 7:30 p.m. in the Vail Municipal
Building. The hearing will be a joint session of the Vail P'tanning Commission
and the Town Council for the Town of Vail.
TOI.IN OF VAIL
DEPARTMENT OF COMMUNITY DEVELOPMENT
Diana S. Toughill
Zoning Administrator
Published in the Vail Trail on June 27, 1975
$
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PPL ICAT ION FOR VAR IANCE
And/Or
CONDITIONAL USE PERMIT
0rdinance No. B (Series ot 1973)
o
A
nd te for Town Counci I
(Applicant)
tlfts(r.at ,(State)
do hereby request permission to appear before the Vail' Comm i ss ion fo req uest the fo I low ino :
Application
Hearing Dat
Flnal Decis
e Hearing Fee .{/ao,dd
( A d d re s s )
Phone
PI ann ing.
(
(
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(
Variance f rom Article_,Sect ion
to
0r"i
f o I low i ng
ctttlSK
described
Zon ing Change f rom
Park ing VarianceConditional Use Permit to allow
tn Zone.
Lot,/ t ra ct
8",.1,,*
p rope rty:For the
Fi I ing
B lock
Number
Clearly s'tate purpose and intent of this application
,-4tlp o{ue e Z 7 ftp*grnad^tB {6 (E€ ,es oF esS o<
0rt".,,,*g;ta4u, d op€ c_c*'.fttri| ooe? etg ytwfl dil.
op€ toc4rr\ aueR utt Guu.
What do you feel is the basis for hardship in fhis case?
S,pei ttxt *+nquoc/n ks 4c4r6A frhu€ ,q
(City)
ignature of p I icant
ilr. rlohn l.lcBrlde
P. 0. Box 1940
Aspen, Colorado Bl6ll
Dear th. l'|cBrlder
At the reque3t of ftr. Rod Sllfer, I have checked the plans-for the Clock
td*ai:-giriiOini wtttr the prcposed converslon of approxlngtely 2900 squcre
teil 3g offlci or retall'space. I am encloslng an appllcatlon for a
pirittS iartince rnlch rouid be requlred to rnrle the char6e. The prerent
ipii:iriini-uie iiquirii q..gs spaces"and the proposs offlc3 or retall use
rbqulres 9.75 spacas-or a Alfierence of 5 siracis for rhlch you rould hacd
tlerpFtlance.
The Torn of Vatl Plrnnlng Cmmlssion has looked-very unfavorably upon
ieitainlfat spaces Uelttg"converteU tnts cmmercltl irses. lle are presently
i;-iil ir;;eii of aaoiiing hortiontat zonlng for the core arer whlch rould
;;rria lbur-iicona flbor ipaces as proposed-to be converted wlthout the
birfiog virlince, but lt cbutC Ue sine.time before thls is actually passd'
At flrst glance, t don't thlnk the Toxer could be converted into another-finO-oi-clxmiiiiai usi because of tFre Unlforn Bulldtng -Co{g lequirsnentsiii:-exiti. - ine extiiing spiral stalrb,ay does rct rneet Bullding Code re-
quircrriinis tor a tesii ixfl anO I don'f see tn alternetlve means of pro-
vldlng the necessarY exlts.
tf ve can be of furthen asslstance, please feel free to call'
Yours truly,
DEPART}IENT OF COFfiUNITY OEVELOB'IEIIT
Aprll 19, 1975
Dlanc 5. Toughlll
Zonlng Adnlnistrator
cc: Rod Sllfer - Sllfer & CcnPanY
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DRAFT MEMORANDUM
T0: Town Counci]
FR0M: Community Development Department
DATE: Ju'ly 22, 1975
RE: John McBride Parking Variance Exemption
Application for a three-car parking variance/exemption has been
made by John McBride in order to allow conversion of two apartnent unjts
of approximately 1,764 square feet to offices. No specific tenant has
been designated. ******rr** add attachment #l
The proposed horizontal zoning ordinance requires a conditional
use permit for any use which eliminates a dwelling or accommodation
unit above the first floor. The Planning Commission has stated that
the preservation of existing housing in the Core area js the most im-
portant goal of the Horizontal Zoning and feel strongly that the var-
iance should be disapproved; however, this application is identical to
the numerous other parking variance/exemptions previously granted by
the Counc'i I in this area.
The applicant further argues that the space in question is no
longer suitable for housing and must be rented at reduced rental rates
due to the noise produced by the Clock Tower and Nu Gnu. He has agreed
to preserve the existing apartment in the Town because it is not suitable
for commercial use due to numerous Building Code Problems.
We feel that the decjsion on this parking variance be tempered by
the proposed Horizontal Zoning Ordinance. The following findings must
be made before the granting of the variance:
* Relationship and impact of the use on development objectives of the Town
Granting of the variance would not constitute a grant of special
privi'lege in light of previous variances granted in the Core
area. In order to be consistent, a parking purchase contract
should be required.
Effect of the use on 1ight, and air, distr.i bution of population,
transportation facjlities, util ities, schools, parks and re-
creation facilities, and other public facilities and public
facilities needs.
Granting of the variance could be detr.imental from the stand-
po'int that it eliminates housing in an area where mixed uses are
necessary to the viability of a successful area. |,,e are aware
that simi'lar variances have been granted in lhe past; however,
we feel the depletion of the housing investors is becoming a
service problem and further depletion could be quite detrimental
to the area and we therefore recommend a cautious approach.
Effect upon traffic, with particular reference to congestion,
automotive and pedestrian safety and conven'i ence, traffic flow
and control , access, maneuverabjjjty, and removal of snow from
the streets and parking areas.
The-er"i teria -ef-the- Zenine-0rdina nee-states- that-€he- €eu nei I
E hETT-eens ider-!The-degre6-to-whieh-rel ief" 'i s-neeessaFy- te-
a eh *eve-eompa tibi li ty- and -uni f epmi ty- ef -
The privilege of converting dwelling units to commercial space
has been extended to owners of other properties in the same
d i stri ct.
The criteria of the Zoning 0rdinance states that the Council
shall consider "The degree to which rel'ief... is necessary to achieve
compatibility and un'iformity of treatment among sites in the vicinity.
{ttacfrnent #l -- the app'l icant sights as a reason for the request the
FoTTom n9:
"Since two apratments are 'located above a restaurant with late
night noise, jt is difficult to get the going rate in rents."
The Zoning Ordinance states that "Cost or jnconvenience to the
applicant...shall not be a reason for granting of a variance"
The Department has revjewed the crjteria and findings as presented
in Section 19.600 of the Zoning Ordinance. We have the following
Ir/i/ ,// ,/1 ,,1 | / /,/rq --{ltt t't,rr l/ttrtt fl't+fl * V'<- 14"-//t/
tt "//*f-
comments:
o
FACTOR #'I
The relationship of the requested varjance to other existing or potential
uses and structures jn the vicinity.
The applicant states that due to surrounding noise problems
the dwelling units do not return a desirable rent rate. Pursuingthis logic nearly every dwelf ing unit or accommodation unit jn
CCI is subject to the same or similar conditions. Therefore,
the same argument could be applied to other vari ance requests
by other building owners, thus through time this logic could
effectjvely eliminate a significant amount of housing -- whatever
type-- from the CCI area. It should be remembered that thequality of a living environment is dependent upon the perception
of the occupant. Thereare as many different perceptions as there
are people. The applicant has not demonstrated to our satis-
faction that the living environments of these units ifunacceptable
as a living environment. Further, the municipa'l ity has either
program or studies underway to m'itigate against undesjrable
noise, odor and traff.ic congestion in the CCI district. THe end
result being a more desirable f iving env'ironment. Therefore,
we reject the appl'icant's argument. The adverse environmental
conditpfn reduces the desirablity of the dwelling unit. It
shou'ld be noted that means can be found to reduce the adverse
environmental impacts such as installation of windows,
carpeting, etc.
In our view allowing the variance under the condition that rent
rates are not comparable with the going rate js taking economic
or costs into consideration which'i s not allowed under the
Zoning Ordinance. To the best or our knoweldge economjcs
has not been a condition under which a variance has been previous'ly
granted. The closest comparable situat'ion was the Gra4shammer
variance. It was the view of the Department of Community Developnent
that transjent dormatory housing type was not a desirable typeof housing when located in the basement area due to the lack
of proper 1ight and ventjlation which then existed., This is
not the case after a preliminary review of the McBf,;de Building.
The issue of economics in our view should address the econom'i c
viability of a class of use for the entire district. lrlE cannot
be concerned with specific instances of economic jnequities.
Specific jnstances are totally conditioned by the market p1 ace.
The health and stability of the market pl ace is a concern of
the munjcipality. Clearly fror,r existing sales tax figures for
the past two years the health of the market place is good. Con-
sequently, we feel there is no basis for changing the Town policy
towards retaining this class of housing within the commercial core
area. Any inequity between owner and tenant should be resolved
at that level . The Department of Community Development would not
be syrnpathetic to an attempt by the owner to price these dwelling
units out of the existng market in order to force abandonment of
these uni ts.
FACTOR # 2
The degree to whjch relief from the S,rjct or litera1 interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain
the objectives of this ordinance without grant of special priv'i lege.
We feel it would be a g5g4t of special
a precedent for subsequft applicants
economics and environmental conditions
prividege; it would suggest
to use the argument ofif the variance was granted.
a.
. FACTOR # 3
The effect of the requested variance on light and air distributionof popu'l ation, transportation and traffic facilities, publ ic facilities
and uti'lities, and public safety.
Adverse effects on distribution of population
FACTOR # 4
Such other factors and criteria as the Commiss'ion deems applicable to
the proposed variance,
Horizontal Zoning being considered -- under the wire
-the Boulder Case
--the Texas Case
Protection of employee housing
The variancs providing they are not high traffic generators -- can be
accormodated.
Have the applicant resubmit the proposal .
o\t
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-.--i.
APPLICATION
THE
Iicant
FOR BUILDING PERMIT
TOWN OF VAIL
fill in this section onl
Building
Date of
addre s s
Application
BUILDING INFORMATION
Ne w
-A
ddition--.._--
4 ltet ation-[- R ePait s ;1ft2*
Type of occuPaacy-*.--
(A11 parts of building)
Area ot LoE -
nutl-plNc DIMEN€Iq.Nq
Etal floo. area (sc ft)----
No of stories--!t'-
No. of roomi No. baths-
No. of water clos ets----
No. of Families --.---------
ESTIMATED CCST 4^.^":-
OF CONSTRUCTION c//"
(Materiets & Labor)
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Bo
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Narne
Addres
City '-Tel, No,
&
Narne
Address
City Tel, No
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Address B"x ft
City
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(Circle correct classification)l. Type of construction f . ff@i)t V v.
Z. Occupancy group A. B. C. D. E.6y' c.6t I. J.
Approval by planning and architectur3lpermit.
,rr."W
Date
BUILDING INSPECTION
Receipt of Plans_- srt,""_Z;*- ---"* -- Apl'!#.- -- APProval of Plans
(Z sets reouired)Date
control committee to obtain building
Signature
Date
Arnount of Permit Fee $ / ,rrrl
Amount of Clean up Feffi
Date perrnit iesued bffi
Final inepection -_--r*----1#
Paid: cash ffin."{ELL -Paid: Cash $----Check $'-
Tap fee Paid Arnount-
Conetruction clean-uP
-
Certificate of occrrpancy & compliance _**----
Perrnit
BUILDING PERMIT
Vail, Colorado
Date 9d2
Perrnission is hereby c"^ft"djzu/ t ftz-/44,
,z' t- r'-as La-/4a( //z-,, t sto ry
-A ddre s s
In accordance with the provisions set forth by the VaiI .A.rchitectural Control
Cornrnittee, subject to the rules and regulations as set Iorth in the Vail Village
Protective Covenants, and in cornpliance with the 1954 Uniforrn Building Code.
Type of C onstruction 2-Gtoup__Z-n-_n/ Z
1: pproved
Vail Building Inspectcfr
INSPECTION RECORD
(For Departrnental use Only)
INSPECTION ...PPROVA L COMMENTS DATE & SIGNITURE
FOUND;\TIONS
FRI MING
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ROUGHoo
kr FINI L
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FINI\ L
7',APPLICATION FOR BUILDING PERMIT
THE :JO?N OF VAIL
licant fill in this section
:i:lLots crDra.ndE
iio F' Block 5 *o l)! ^.,.F.l n i Duodrvrsron____Lirdjlllm
(Circle correct cla s sification)
l. Type of construction I, II, III, IV, V
I Building address
Date of A pplication
a me-------Jabm,-P^ l(aannra,.
A ddre s s,,_g16gLf orrar. Tnrr
City Yalt Tel. No. 476-5{53
Narne
Narne Davld Raloher.dt
Addt.
" "City Silval*,horae Tel. No.
Z. Occupancy grouD C, D, E, F, G,
J
INSPECTION RECORD
(f or Departrnental use only)
INSPECTION APPROVA L
FOUNDATIONS
BU ING INFORM4 TION
New A ddition
A lteration ; Repairs
Type of occupancy
y' rea of Lot
NSIONS
Total floot area (sq ft)__!@_
No, of stories I Ht-
Nr. of roonts_l_No. bathe-_q
No. of water closets O
No. of Families
ESTIMATED COST
oF coNSTRUCTTON_j3rgco *
(Mate rials & Labor)
COMMENTS DATE & SIGNATURE
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Perrnit
Perrnission is
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In accordance with the provisions set forth by the Vail -A.rchitectural Control
Cornrnittee, subject to the rules and regulations as set forth in the Vail Village
Protective Covenants, and in compliance with the 1964 Uni{orrn Building Code.
Type of C onstruction Group
BUILDING PERMIT
Vail, Colorado Iv^t" June l1 n_!_t
hereby g'^^r"a JoLq R. K"amen
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B*,il,if "
Contractor
A pproved
Vail Building Inspector
INSPECTION RECORD
(For Departrnental use Only)
INSPECTION ,\PPROVA L
FOUNDATIONS
COMMENTS DATE & SIGN}TURE
FR,^ MING
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BUILDING PERMIT
Vail, Colorado ,^tu tn. t4 Is-6r-
Perrnit
Perrnission is hereby granted
as P*na. to ft?ote t //cr sfiea
.l ddre s s
In accordance with the
Cornrnittee, subject to
Pr otective Covenants,
provisions set forth by the Vail
the rules and regulations as set
and in cornpliance with the 1964
1' rchitectural Control
forth in the Vail Village
Uniforrn Building Code.
Type of C onstruction
C ontra cto r
-ry Group Fflr?
f, pproved
INSPECTION RECORD
(For Departmental use Only)
INSPECTION .\ PPROVA L COMMENTS DATE & SIGNTTURE
FOUNDATIONS
FRl\MING
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29Ol Vest 19th Avcnuc
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10-11-67 A. H.M.
LEGAL DESCRIPTION
That part of I€ts c, d, a,-ld e, Block 5, Vail ViIIage, First Filing,
County of Eagle, Stace of Colorado, lying llest of the following
desc::ibed l.ine: Beginnin5, at a point on the North line of said
Lot c, said point beini;57.03 feet Easterly of the Northwest corner
of said.T,ot c; thence Southerly to a point orr the South line of sald
Loc e, said pcint beiug 48.24 feet Easterly of a point of curve of
the 12 foot radius curve at the Southuest corner of said iot e.
LEGAL DL]SCI{IPTION
That part of l,ots c, d, and e, Block 5, Vail Village, First Filing,
Count]' of Eagle, Stare of Colorado, lying East of the foiLr,ring
described line: Beginning at a point on the North line of said
lct c, said poirrt being 57.03 feet Easrcrly of tlie Northwest corner
of said Lot c; thcnce Souiherly to a point on the South line of said
LoE e, said point being 48,24 feet Easterly of a pcint of curve of
the 12 fc,ot radius curve at the Southr.^iest corner of said lart e; and
a pa-r-t of Tract B, Vail Village, First Filing, more particularl-y
described as follor.;s: Beginnitrg at thc Southcas' corner of Lot e,
Blcck 5, Vait Vi1 lage, First Filingl thence N.0o09r00"w. along the
Easterli' line of lot e and Lot d, said Block 5, a distance of 54,26
feet to the Southeasc corner of Lot c, said Block 5; thence. N.13o15r00t\"1 .
anci along the Easterly lirre of said Lot c a disrance of 23,38 feet to
the Northeast corner of said Lot c; thence S.82"23rE. along the
Northerly line of said Lot c excendeci a distance of 11.57 feet;
tlrence 5.4"31r16"w. a distance of 75;72 feet to the true point of
begianing.
APPLICATION FOR BUILDING PERMIT
THE TOWN CF VAIL
(Applicant fill in this section only)
Building address
Date of Applicrtion
Narne _j)ttat n r?c&,Jb
Address
Address
City r)2.^lvn Tel. No. I+z /z/"i
Tel. No. 4z
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BUILDING INT'CI R MA TIO I!
New Add ition
No. of F atniliea---2--.-.--
Narne - *F4- .flir+t^t
Addresscity@
Lot
Bloek
Subdivision
Approval by planning and architectural
Detmit.
4 lte r ation_.1!_ R epair s_-_
Type of o c cuoancy-!,;b&G!&!LJ-
(Al1 parts of building) /?E{'c/gilf'^1 '
ffis 26''uld4T'
Total floor area ( sq ftl Zo.oao F
No of stori"s2{*.r.,'#t' ,24=' ,.
No. of roome-|2-jo' bathsJ
No. of water closets -l:2-
ESTIMATED CCST 01
oF coNsr xucrrcfulf{o:to
(Materiels & Labor)tll
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(Circle correct clas sificationl
1. Type of construetion I. II. Uf@ V.
Occupancy group A. B. c. D. EE, c@ r..1"
Signed
control comrnittee to obtain building
Date Signature
Receipt of plans BurlpJ[q $ts-Ep-c'TlgNeroval of Plane
(2 sets reouired)---5;d ^.n Date
Amount of Perrnit :. ee-g-Aaa Paid: Casn$Q9 "tffi-_Amount of Clean rrp Feffi Paid: Caeh $-Check
Date permit issued W rap fee paid-
Finalinapection r / / Construction
Amount
BT'ILDINC DiNTENSTC N.S
'r/* /-&7
(Petmittee)
Certificate of occrrpancy & cornpliance
clean- up
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