HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5 PART OF TRACT B CORNICE BUILDING AKA DAVID SMITH 1991 AND PREVIOUS LEGALl',ORDINANCE NO. 15
Series of 1991
AN ORDINANCE REPEALING AND REENACTING SECTION 18.04.130,
THE DEFINITION OF FLOOR AREA, GROSS RESIDENTIAL (GRFA) I
AND SETTING FORTH THE DETAILS IN REGARD THERETO.
WHEREAS, Gross Residential Floor area is an important tool
for controlling the Level of development in the Towni and
WHEREAS, modifications to the Gross Residential Ffoor Area
system are necessary to ensure its effectiveness,' and
WHEREAS, in accordance with Section 18.66.140, the Planning
and Environmental Commission held a public hearing on the proposed
amendments, and has submitted its recommendation to the Town
Councili and
WHEREAS, the Town Council has held a public hearing as
required by Chapter L8.66 of the Vail Municipal Code.
NOW THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1
SecLion 18.04.130, the definition of floor area, gross residential,
is hereby repealed anq reenacted to read as fol.lows:
18.04.130 Floor area, qross residential (GRFA)
Gross resident.ial floor area (GRFA) meanll the total square
footage of all leve1s of a building, as measured at the inside
face of tire exterior walls (i.e. not including furring,
sheetrock, pfasLer and other similar waIl finishes) . GRFA
sha1l include, but not be limited to, elevator shafts and
stairwells at each leve1, 1ofts, fireplaces, mechanical
chases, vents, and storage areas. Attics, crawl spaces and
roofed or covered decks, porches, terraces or patios shal1
also be included in GRFA, unless they meet the provisions of
paragraphsAorBbelow.
A. Yiithin buildings conLaining two or fewer dwelling unlts,
the followins areas shall be excluded from calculation as
GRFA:
1. Enclosed garages of up to three hundred (300)
square feet per vehicle sPace not exceeding a
maximum of tt,ro spaces for each alfowable dwelling
unit permitted by the zoning code.
2. Attic space with a ceiling height of five feet or
Less, as measured frorn the top side of the
struct-ural members of the ffoor to the underside of
the structural mernbers of the roof directly above.
Attic area created bv constructi-on of a roof with
I
B,
truss-type members t"tiIl be excLuded from
calculation as GRFA provided the trusses are spaced
no greater than thirty inches apart.
3. Crawl spaces accessible through an opening not
greater than twelve square feet in area, with five
feet or less of ceiling height,, as measured from
the surface of the earth to the underside of
structural floor members of the floor,/ceiling
assembly above.
4, Roofed or covered decks, porches, terraces, patios
or similar features or spaces with no more than
three exterior walls and a ninimun opening of not
less than 25\ of the lineal perimeter of the area
of said deck, porch, terrace' patio, or similar
feaLure or space provided the opening 1s contiguous
and fuIly open from floor to ceiling, with an
allowance for a railing of up to three feet in
height.
GRFA shall be cafculated by measuring the total square
foolaqe of a building as set forLh in Section 18.04.130
above. Excluded areas as set forth in paragraph A shall
then be deducted from tota] square footage.
Within buildings containing more than two allowable
dwellings or accommodation units, the following
aoditional areas sha1l be excludeo irom calculation as
GRFA:
l.) Enclosed garages to accommodate on-siLe parking
requ j.rements.
2) A11 or part of the following spaces, provided such
spaces are common spaces and that the total square
foolage of all the following spaces shall not
exceed thirty-five percent of the aIlowable GRFA
permitted on the lot.
a. Common trallways, stairways, elevator shaft.s
and airlocks
b. Common lobby areas
c. Common enclosed recreation facilities
d. conmon heating, cooling or ventilation
systems, solar rock storage areas, or oEher
nechanical systems. Square footage excluded
from calculation as GRFA shall be the minimum
square footage required to allow for Lhe
maintenance and operation of such mechanical
systems.
e. Common closet and storage areas, providing
access to such areas is from common hallways
onfv.
I'
f. Meeting and convention facilities
S. office space, provided such space is used
exclusively for the management and operation
of on-site facilities.
Any square footage which exceeds the thirty-five
percent maximum wiIl be included in the calculation
of GRFA.
3) A11 or part of an airlock wit.hin an accomrnodation
or dweLling unit not exceeding a maximum of twenty-
five square feet, providing such unit has direct
access to the outdoors.
accomnodation unit
be countbd . at , the
overlapping. stairways within an
-*-. --"' 'or dwelli.ng unit shalI only
'a)
.:Lowest*'IeveI.
5) Attic space with a ceiling height of five feet or
Less, as measured from the top side of the
structural members of the floor to the underside of
the structural members of the roof directly above.
ALtic area created by constructj'on of a roof with
truss-type members will be excluded from
calculation as GRFA provided the trusses are spaced
no greater than thirty inches apart.
6) Crawl spaces accessible through an opening not
greater than twelve square feet in area, with five
feet or less of ceiling heig-ht, as measured from
the surface of the earth to the underside of
structural floor members of the floor/ceiling
assembly above.
'7) Roofed or covered decks, porches, terraces, Patios
or sinrilar features or spaces with no more than
lhree exterior walls and a minimum opening of not
less than 254 of the lineal perirneter of the area
of said deck, porch, terracer patj.of or similar
feature or space provj.de the opening is contiguous
and fully open fron floor to ceiting, with an
allowance for a railing of up to t.hree feet in
height..
GRFA shall be caLculated by measuring the total square footage
of a building as set forth in Section 18 .04 . L30 above.
Excl-uded areas as set forth in paragraph B shall then be
deducted from t.he total square footage.
Section 2
The provisions of this ordinance sha]l not be effective for any
application for development which has been submitt.ed to the
Department of Community Development, and accepted by the same, on
or before July L, 1991, unless agreed to by the applicant
submitting the application before July 1, 1991.
Section 3
If any part, section, subsection, sentence' clause or phrase of
this ordinance is for any reason held to be invalid, such decision
shall not affect the vatidity of the rernaining portions of this
Ordinance; and the Town Council hereby declares it woul'd have
passed this Ordinance, and each part, section, subsectiont
sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalld.
Section 4
The Town Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and
welfare of the Town of Vail and inhabitants thereof.
Section 5
The repeal or the repeal and reenactment of any provisions of the
Vail Municipal Code as provided in this Ordinance shalI noL affect
any right which has accrued, any duty imposed, any vj-olation that
occurred prior Lo the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or
brr virLue of the provision repealed cr rcpealeC and reenaeted. The
repeaf of any provision hereby shal1 not revive any provision or
any ordinance previously repealed or superseded unless expressly
stated herein.
Sect ion 6
A11 bylaws, orders, resolutions and ordinances, or parts thereof,
inconsj-st.ent herewith are hereby repealed to the extent only of
such inconsisLency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinancer or part thereof,
heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READTNG THIS 4th day of
June 7991 , and a public hearing shalL be held on t.his
Ordinance on the 18th dav of June , 1991 at 7:30 p.m.
1n the CounciL Chambers of the VaiI Municipal Building, Vai).,
Colorado.
a:of Juneordered published in full t.his 4th
ATTEST:
INTRODUCEDI
PUBLISHED
READ AND
by title APPROVEDthis
SECONDON
18th
READING AND
June
ORDERED
, ItJt.
Kent R. Roser Mayor
c:brd\ordl5.91
1991 .
Rose,
ATTEST:
PameIa Brandmelrer, fown CIerk
;.t ORDINANCE NO. 16
Series of 1991
AN ORD]NANCE REPEATING AND REENACTING SECTION 18.14.090,
DENSITY CONTROT-RESIDENTIAL CLUSTER DISTRICT, SECTION
18.15.090, DENSITY CONTROL-LOW DENSITY MULTI-FA}4ILY DISTRICT;
SECTION 18.18.090, DENSITY CONTROL-MEDTUM DENSTTY
MULTI-FAMILY DISTRICT AND SETTING FORTH THE DETAILS IN
REGARD THERETO
WHEREAS, Gross Residential Floor area is an important tool
for controlling the level of developmenl ln the Towni and
VIHEREAS, modifications to the Gross Residential Floor Area
in certain zone districts are necessary to ensure its
effectiveness; and
WHEREAS. in accordance with Section 18.66.140' the Planning
and Environmental Commission held a public hearing on the
proposed amendments, and has submitted its recommendation to the
Town Council; and
WHEREAS, the Town Council has held a public hearing as
required by Chapter 18.66 of the Vail Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1
Section 18.14.090, Density Control in the Residential Cluster
District is hereby repealed and reenacted to read as follows:
18 . 14 . 0 90 Densitv Control
A. NoL rnore than twenty-five square feet of gross
residential floor area (GRFA) shatl be permitted for
each one hundred square feet of buildable site area'
provided however, that single family and two-family
dwelling units constructed in the Residential Cluster
District shall be entitled to an additional two hundred
twenty-five square feet of GRFA per constructed
dwelling unit. Total density shall not exceed six
dwelling units per acre of buildable site area.
B. Exemptions. All projects that have received final
design review board approval as of December 19r L978t
shall be exempt from the changes in this section as
Iong as the project commences within one year from the
date of final approval. If the project is to be
developed in stages, each stage shall be commenced
within one year after the conpletion of the previous
stage. (ord. 19(1979) Seclion 5 (part): ord. 50(1978)
Section 18 (part) . )
Section 2
sectlon 1.8.16.090 Density control ln the Low Density Multi-family
District is hereby repealed and reenacted to read as follows:
Section 18.15.090 Densitv Control
A. Not more than thirty square feet of gross residential
floor area (GRFA) shaIl be permitted for each one
hundred square feet of buildable site area, provided
however, that single family and two-family dwelling
units constructed in the Low Density Residential
District shaIl be entitled to an additional two hundred
twenty five square feet of GRFA per constructed
dwelling unit. Total density shall not exceed nine
dwelling units per acre of buildable site area.
B. Exemptions. AlI projects that have received final
design review board approval as of December 19r 19?8
shaLL be exempt from the changes in this section as
long as the project commences within one year from the
date of final approval. If the project is to be
developed in stages, each stage shall be commenced
within one year after the compleLion of the previous
stage. (Ord. 19(1979) Section 5 (part): Ord. 50(1978)
Section 18 (part) , )
SecLion 3
Sub-section 18.18.090 Density control in the Medium Density
MuIti-family District j,s hereby repealed and reenacted to read as
follows:
18,18.090 Densitv Control
A. Not more than thirty-five square feet of gross
residential floor area (GRFA) shall be pernitted for
each one hundred square feet of buildable site area,
provided however, that sin91e family and two-family
dwelling units constructed in Lhe Medium Density
Residential District shall be entitled to an additional
two hundred twenty-five sguare feet of GRFA per
constructed dwelling unit.
B. Exenptions. AI1 projects thal have received final
design review board approval as of December 19, 19?8
shall be exempt from the changes in this section as
Iong as the project cornmences within one year frorn the
date of finaL approval . If the project ls to be
developed in stages, each stage shall be commenced
within one year after the completion of the previous
stage. (Ord. 19 (19?9) Section 5 (part) : Ord' 50 (l'978)
Section 18 (part) . )
I
Section 4
The provisions of this ordinance shall
application for development whlch has
Conmunity Development Department, and
before July 1, L99t, unless agreed to
the application before July 1, 1991.
not be effective for any
been 'subnit,ted to the
accepted by the sarne, on or
by the applicant, submlt.ting
Section 5
If any part, sectlon, subsection, sentence, clause or phrase of
this ordinance ls for any reason held to be invalid, such
decision shal1 not affect the validity of the remalning portions
of this Ordinance; and the Town Council hereby decLares It would
have passed this Ordinance. and each part, section, subsection,
sentence, .clause or phrase thereof, regardless of the fact that
any one or more parts, sectionsl subsections, sentences, clauses
or phrases be declared invalid.
Section 6
The Town Council hereby finds, determines and declares that this
ordinance ls necessary and proper for the health, safety and
welfare of the Town of Vail and inhabitants thereof.
Sectlon 7
The repeal or the repeal and reenactment of any provlsions of the
Vait Municipal Code as provided in this Orciinance sha1l not
affect any right which has accrued, any duty lmposedr any
violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision repealed or
repealed and reenacLed. The repeal of any provislon bereby shaL]
not revive any provision or any ordinance prevlously repealed or
superseded unless expressly stated herein.
Section 8
AII bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to Lhe extent only of
such inconsistency. Thi.s repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or Part
thereof, heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS l!l!- day of
June | 1991, and a public hearing shal1 be held on this
ordinance on the l8tlt day of June , 1991 at 7:30 p'm.
in the Council Chambers of the Vail Municipal Bui1dln9, VaiI,
CoIorado.
ATTEST:
Ordered published in full this
TNTRODUCED,
PUBLISHED
READ AND APPROVED ON SECOND READING AND ORDERED
Dy tl!]e rhis 18th 66y of June
c:\o rd\ord I 6.9 I
r.9 91
, 1991.
Roset
Pamela A. Brandmeyer, Town Clerk
,J
Kent R. Rose,
Pamefa A. Brandmeyer, Town Clerk
.'l
i
ORDINNICB NO. 37
Serles of 1t990
aN i,RDINNtcE REPEAIIN6 11tD REENilSING SEcTloN 18.04.13ur-rHs oprrNITIoN OF FIDOR IREA, GROSS RESIDENTIAIJ (GRFA),
Sicrrow 18. 09. O8o DENsITY coIilTRoIr-lilLIsIDE RESIDENTIAL
orsrnrcr, SEqtroN 18. 1O.O9O DENSITy CONIIROIi--SINGLE-FN'IIIJY-orsrnrei, suB-sEqrroN 18.12.090 (A) DENSITy_C9NTROLF-TWO-ielail,v itrstoe11rtArJ DrsrRrcr, sUB-iEeuoN 18.13.080 (A)
Onxs rry CoNTRoIT-PRII1ARY/S EigNDARY RES I DENTITL DI s t.RI cT
*9...sgrlrNc FORTII SHli DETAU,S IN REGARD THERETO'
I|HEREAS, Groes ReEl.dentlal Floor area !s an luportant tool
tor controlllng the level of developrnent tn tlre Towni and
WfiEREAS, UodllflCatlsns to the lcroas Resldentlal Floor lrea
rystern tre necessary to eneure tte cffectl'veneesi and
wltEREAS, ln accordance slth Eectlon 18'66'1{0, tbe Planning
and Envlrorulentil Connlsslon held a publlc lrearlnE on the
proposed aruendnents, and tras rubrnltteit lte tecoDnenaatlon to the
Town councll; and
t*tEREAs, the Town Councll had held a public hearlng as
regulred by chapter 18.65 of ttre Valt Uunlcipal Code'
NowTHEREFoRE,BEIToRDAINEDBYTHEToI{NcoUNcILoFTHE
TOI{N OF VAIIJ, COI,ORADO, TEAT!
Eeetion 1
Section 18.04.130, the definltion of floor area' gr|oss
resldentia},lsherebyrepealedandreenactedtoreadasfoJlot,ls:
cross residentlal floor arei lcnra) ueans the total Equare
footage of all levels of a bu11dln9, as neasured at the
inslde face of the exterior walls (1.e. not lncluding
furring, Eheetrock, plaster and other elnilar wall
finishes). GRFA ehall lnctudle, but not be lirnited to'
elevator shafts and stalrwe[ls at each level' lofts'
fireplaces, Dechanlcal chases, vents' and atorage areas'
AtticsrcrawlEPacesandlroofedorcovereddecks'Porches'
terraces or patlos shal'l alrso be lncluded in GRFA' unless
they Deet the provlrlons of Paragraph A below'
A. l{ithin bulldinga contalnlng tuo or fewer duelllnE
unlts, the followlng areas shall be cxcludedl fron
calculatloD as GRFAs
1. Garage EPaces ot up to three hundred (300) Equare
feet per garage EPace not exceedllng a uixlaun of
two aPaces for each allowable dwelling unlt
Pernltted bY tlrd zonlng code'
2. tttlc 8Pace wlth a eelllng height of flve feet or
lass, tB Detsured frou tbe toP alde of the
rtnrctural aeubera of ttre tloor to ttre unilerslde
of the rttiuctural uenbers of the r:l>f dlrectly
3.
ebove. tttlc trea createit by constn'rctlon of a
roof ulth tnrss-t1pe uenberE will be cxcludedl frorn
cal:ul:-l"n :s GRFA provldeit the tn:ases are
spacel no Ereater tlran tlrlrty lnches aPart' "
crtrrl aPaccs accesslble tlrrough an openlng not
Ereater ttran tuelve aguale feet ln area' nlth five
feet or less of celllng trelght, as Deasuredl front
ttre surfaee of ttre eartlr to the underslde of
rtnrctural floor uenbers of the floor/cel'llng
assenblY above.
Roofed o! covercdl decks, porches, terraces' patlos
or sinllar teature/rpace ultlr no uore tban three
cxteriorral]'eandaalnlurrnopenlnEofnotless
than 25t of the llneal perlneter 'of the lrea of,
sald deck, Porchr terrace, patio, or slnllar
feature/sPaee Provldedl ttre openlng ls contt'E:uous
and fully open from floor to celllng' wlth an
allouance for a ralling of up to three feet ln
height.
GRFA shall be calculated by neasuring the tota] tguare
footage of a buildlng as set forth ln Sectlon 18'04'130
above. Excluded areas as set forth I'n paragraph A
shall then be deducted frorn total square footage'
$ithin buildings contalning nore than two allowable
dwelling or acconmodatlon units' the following
additlonal areas ehall be excluded from calculation as
{.
B.
GRFA:
1.
2.
3.
4.
Sectlon 2
Section 18.09.080,
Dlatrlct lc herabY
DensltY Control ln the
repealed and rcenacted
Hillelde Resldentlal
to read as follows:
5.
Garagesi
Solar heatlng rock storage areasi
Uechanical' areasi
Connon hallways, cgmnon closetg' Iobby areas'
stalrrays and cotunon cnclosed recreatlonal
facllltlegnotexceedlngamaxinunolananount
equal to twenty Percent of the allowable GRFA
per:ulttedt on the !ot' Any sguare footage uhich
exceeds the twenty percent uaxlnun wlll be
includeil ln tlre calculatlon of GRFAT
All or part of an alrlock not exceedtlng a nax-i1un
of twenty-five sqluare feet per allowable'dwelling
unlt.
t-I
\.
't,
The
ta.
r8.09.O80 Densltv Control
Not uore ttran a total of two dwelllng unlts shall be
peroltteCl on cach rlte.
tolloulng GRFA thall be peralttedl on cach sltc:
llventy sguar€ feet of GRFA for each one trundred aguare
feet of ttre flret twenty-one tlrousand reven hundred
eighty Eqluare feet of rlte area; plus
b. Flve sguare feet of GRFA for cach one hundred sguare
feet of llte lrea over twenty-one tlrouEand seven
hundred alghty Equare feet.
In aitilltlon to ttre above, tour hundred tuenty-31ve aguare
feet of gross resldentLal floor arca (GRFA) ehall be
pe:mLtted for cach allowable dsel'llng unlt'
on any elte contalnlng tno duelllng unitsl otle of tlre unlts
shall not exceed twelve hundredl aguare feet of EroBs
resldential floor alea (GRFA). Shls unlt rhal'l not be
subdivided or sold separately from the naln dwelllng unlt'
lhis unlt nay be Lntegrated lnto the ualn dvelllng unlt or
nay be integratedl uithln a garage 3trnrcture senrlng the uain
unit, but ehall not be a EeParate free standlng Etructure'
Seetion 3
Section 18.10.090 Density Control 1n the
ls hereby repealed and reenacted to read
Not nore than
site.
Slngle FanitY Dlstrlct
as follows:
one dwelllng unlt shall be pe:oltted on eaeh
The following GRFA ehall be pe::rnitted on each slte:
a. l\renty-flve tguare feet of GRFA for each one hundred
Equare feet of the flrst twelve thoueand five lrundred
sguare feet of slte area; Plus
b. Ten Equare feet of GRFA for each one hundred sguare
feet of elte arca over twelve tlrousand tlve bundred
aqJuare feet'
Inadclltiontottreabove'fourhundlredltwenty-live3quare
feet of gross resldentlal tloor area (GRFA) shall'be
pernitted tor eaeh allowable dwellinE unit'
No slngle faally resldentl'al lot Gxcept tlrose located
cntirely ln the red trazard lvalanclre tone or ttre tlood plaln
shall be ro reBttlctedl ttrat lt cannot be occupled by one
single fanllY drelllng'
Seetion 4
Sub-rectlon 18.12.090 (A) Denslty control in the Ttro Fanlly
Resldentlal Dlstrlct le hereby repealed andl rcenacteil to re:it
follogs:
18.12.090 Densltv Control
A. Not Eore than r total
permlttcd on cach sl.te
pe:mltted on tots less
feet.
Tlre followJ.ng GRFA ghall be peraltted on cach slte:
t. Tuenty-flve Eqluare feet of GRFA lor sach one
hundreil Bqluare feet of tlre fl,rst fl'fteen thousand
sguare feet of sl.te arcat EIus
b. Ten rguare feet of GRFA for cach one hundlredl
square feet of Elte atea over flfteen thousand
square fcet, not to cxceed thlrty thoueand square
feet of site area; plus
c. Five sguare feet of GRFA for each onq hundrett
Bguare feet of site area Ln exceEs of thirty
thousand Bguar€ feet.
In adtitltion to the above, four hundred twenty-five
sguare feet of Eross residential floor area (GRFA)
slrall be penritted for each allowable dwelling unit'
No la'o-Fanily residentlal lot except those located
entirely Ln ttre red hazard avalanche zone, or the
floodplain, or those of l.ess than flfteen thousand
Equare feet shall be eo restricteil that lt cannot be
occupied by a Tuo-Family dwelling.
of tgo dwelltng unlta shall be
rtth only one dwelllng unlt
than flfteen thousand square
I
I
on each glte wlth only one dwelling unit
on lote less than flfteen thousand square
Section 5
Subsection
Residential
follows:
18.13.080 (A) Denslty Control ln the PriDaryr/Secondary
Distriet ts hereby repeal'ed and reenacted to read aE
A.Not aore than a total o! tro drelll'ng unlts shall be
pe:mitted
pe:mltted
feet.
The fo!.lowlng GRFA rhall be per:raltted on cach slte:
!. Btrenty-flvc sguare feet of GRFA for cach one
hundred sqluale feet of the flret flfteen thouEand
tquare feet of rlte area; Plus
t.
.,v
f,
I
Ten rguare feet of GRFA tor each one trundred
.guare teet of rlte grca over tlftcen tbousandl
Bquar. teet, not to cxceedl thlrty thousand Equare
fcet of slte arecl PIus
Flve rquarc feet ol GRFA for cach one hundredl
squarc feet of al'te area ln excess of thirty
thousand square feet.
b.
c.
Iniadldtitlon to the above, four hundred twenty-five
square feet of gross resldentlal floor area (GRFA)
rhall be per:ultted tol each allowable dwelll'nE unit'
on any slte contalnlng two drelllnE unlte' otle of the
unltsahallnotexceedlfortypercent(4ot)ofthetotal
allowable gross resldentlal tloor area (GRIA) '
No Priuary/Secondary reeldential lot except tlrose
Iocated entLrely I'n the redl hazard avalanche zone' or
ttre floodplaln, or those of less than fifteen thoueand
Equare feet shall be ao restrictedl that it cannot be
occupied by a Prl:nary'/Secondary dwelllng'
Seetion 6
The provisions of this ordinance shall not be effectlve for any
application for developrnent whlch has been Eubtnltted to the
Departrnent of cornnunlty Develop:nent' and accepteil by the Bame' on
or before January 1, 1991'
Section 7
If any Part, section, subsectlon' sentence' clause or phrase of
this ordinance ls for any reason held to be lnvalid' such
deciEion shalI not affect the validity of the renalnlng portions
of this ordinance; and the Sown council hereby declares lt uould
have passed this ordinance' and each part' section' subsection'
Fentence, clause or phrase thereof, regardress of the fact that
any one o! Dore parts' sectlons' subsectlons' Sentences' clauses
or Phrases be declareil invalid'
Seetlon 8
The Tosn Councll herebY
ordlnance is necessar1
uelfare of the Tonn of
finds, deternlnes and deelares ttrat this
and proper for the heatth' safety and
Vall cndl lnhabltante'thereof '
Eectlon 9 ---^-!-a-r ^f rnv orovlslons of the
The repeal or the repeal and reenactnent of any pr
vail tlunlclpal code as provJ'ded ln thls ordlnance ehall not
affect any right whlch hae aecnred' any duty lnposed' anY
E
I
proBesut!.on corDencccl, nor any ottrer actl0n or proceedting as
conornced under or by vlrtue of tlre provlslon repealed or
repeal.?_9-and reenacted. lfbe repeal of any provlslon hereby sharl
not revl've rny provtslon or any ordlnance prevlously repealed or
tuperseded unless cxpressly rtated berel.n.
Section 1O
Al1 bylaws, ordere, resolutlons andl ordlnanees, or parts thereof,
lnconslsteni hereelth cre hereby repealed to the sxtent onty of
such lnconsistency. This repealer shall not be constnred to
revl,se any bylaw, order, rcsolutl.on or ordlnaDce, or part
tlrereof, treretofore repealecl.
INTRODUCED, READ tl{D PASSED ON FIRST RE.ADTNG TITIS ?Oth day of
llovember , 1990, ancl a publlc hearlng shall be held on thls
Ordinance on the 20th day of, llovenber , l99O rt ?:30 p.n.
tn the Counel.l Chanbers of the Vail Uunlclpal Bu11din9, Vail,
Colorado.
Ordereil publlshed ln full this 20th day of l{ovember , 1990.
ATTEST:
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED ln fu'll thls -.41h day of December , 1990.
ATTEST:
g
I. Stelnberg
Parnela A. Brandneyer, Town Clerk
Brandneyeir,Town Clerk
Ia-
J
.t
ONDINAI{CE NO. I1
SERIES OF 1990
"o'*'ftrfffi'$:,"
s1-re -CovsRAGE -PRrHIfi t:"lRTIn*o rHEREro
I
WHEREAS, tite coverage ls an luportant tool for controlllng
ttre level of developrnent ln ttre towni and
tlltERENr nodlflcatlons to sl'te coveragc aB deflned ln the
Vailttuntclpalcodeforthehlllelderesldenttal,rl'nglef,aroily,
two-faally anal Prlnary,/secondary zone dletrlcts lre nGcGasaly to
ensure ite effectl'venessi andl
!{HEREAS' ln accordance wlth SectLon 18'66'140' the Plannlng
and Environnental connlaelon ireldl a publlc lreartnE on tlre
the proposed anendments and has gubnltted lts recornmendatl'on to
tlre Town Council t and
I{HEREAS, The Town councrr has herd a pubrrc hearing as
reguireCl by chapter 18'66 of the Vall t{unlclpal code'
NOt{, THEREFoRE' BE IT ORDAINED BY THE TOWN CoUNCIL OF THE
TOI{N OF VAIL, COISRADO' THAT:
Sectlon 1
*.00.365' the definltion of 51te coverage
ResldentialrslngleFanily'rwo-fanltyand
- HillEide
Ptlnary/seeondary ts
herebY enacted to read as follows:
ffi the ratro of the totar buitding area
on a slte to the total area of " t1t": :T::":::: ::;r""",
;Hil":- ;; the purpose or carcurattns slte coveraee'
xbullillng areatr shall mean the total horlzontal area of any
bulldlng as Eeasured from the exterlor face of perfuneter
buttdlrng walrs o, ,rrrnortlrs- corurnns above Erade or at
ground level , wfrlcfrever ls the greater area' Bullding area
ehall lnclude aII bultdlnga' car?ortg' porte cocherear
arcades, andl covered or roofed raltnrays' ln adtdltlon to the
above, bulldlng arca rhall also include any portlon of roof
overhang, Gave' ot-"ot'"ttd rtalr' covered deck'
-cgrreredl
poreh, covered terrace gr coveredl patlo that extends lore
than four ft"t ftot tbe exterior t-ace o! perineter building
ualls or 3uPPortl'ng colurnna'
1
rba1l
EgEfJgDJ
Seetion 18.09.09O,
DLstrict ts hcrcbY
r!
?
,
Elte Coverage ln tlre ttlllslde Resldentlal
rcpealed and reenacted to read as follows:
15t of the total slte area.81te Coverage
Sectlon 3
Sectlon 18.10.11O, Slte Coverage ln the Slngle-fanily
DiEtrlct ls hereby repealed and reenacted to read ae
18.10.11O SLte Coverade
81te Coverage eball not exceed 20t of the total
Resldentlal
followe:
slte area.
Sectl.on 4
sectlon 18.12.110, 81te Coverage in the Ttro-fanily Resldentlal
Dlstrlct ls hereby repealed and reenacted io read as follors:
18.12.11O slte Coveraoe
Eite Coverage shall not exceed 2Ot of the total rlte area'
SectLon 5
SectLon 18.13.090, Site Coverage ln the
ResidentLal Dlstrict I's hereby repealed
Sectlon I
The Town Councll herebY
ordlnance le necessarY
relfare of the Town of
PriroarYr/Secondary
and reenacted to read as
follows:
18.13.090 Site Coveraqe
Site Coverage shall not exceed zot of the total slte area'
Section 6
The provisions of tbis ordinance shalf not be affective for any
appllcation for developrnent whl'ch has been subnitted to the
Departrnent of connunity Development' and accepted by the sane' on
or before January 1' 1991'
Section ?
If any Part, section, eubsection' Sentence' clause or phrase of
thiE ordinance ls for any reason held to be invalld' euch
decision sharr not affect the varidity of. the rernalnlnE portlons
of this Ordlnancei and the Town Council hereby declares lt would
have passed thrs ordinance, and cach part, sectlon, subsection,
centence, clauee or phrase thereof' regardless of tbe fact that
tny one or Dore parts, rections' subeections' Eentences' clauees
or Phrasee be declared lnvalld'
flnds, deteralnes and declarcs that this
andl proper for the health' rafety and
Vail and I'nbabltante thereof'
z
{
1,
''a\
Sectlon 9
The rrpeal or tlre r.peal and rccnaetnent of tny provlslons of the
Vail tlunlclpal Code l: Provtdedt ln thls Ordlnance shall not
affect any rlght uhlch hac accrueri, aiiy dr.Ly lnposed, any
vlolatlon that occurred prlor to thc rffectlvc date hereof, any
prosecutlon connencedl, nor any other actlon or Proceeding as
connenced under or by vlrtue of the DrovlElon repealeil or
repealed and reenacted. The tepeal of any provielon hereby shall
not revl,ve ariy provlslon or any ordlnance prevlously repealed or
superseded unleEs cxpreesly stated hereln.
Sectlon 1o
All bylawE, orderB, resolutlons anil ordlnaneegr or partE thereof,
inconsl,stent hereylth are heraby repealcd to the extent only of
such lnconsl.stency. ThIs repealer shall not be conEtrued to
revise any bylaw, order, resolutlon or ordlnanc€' or Part
thereof, heretofore rePealed..
INTRODUCED, N.EAD AND PASSED ON TIRST NEADING THIS IOIL dAY Of
November'lggo,andapubllchearlngghallbetreldonthis
Ordinance on the Lg!h- day of Novernber ' 1990 at ?:30 p'rn' ln
the councLl Charnbere of the vall uuniclpal Building, vall'
Colorado.
Thonas I.€einberg,
Uayor Pro Ten
AIIEST:
Panela A.
INTRODUCED, READ-IN ORDERED
PUBLISHED , 1990.
Xent R. RoEel yo
Panela A.
t
tuJ
AranarneY6r, llown Clerk
BrandneYer,
lrtr copy
75 south tronlage road
vail, colorado 81657
(303) 47$'2138
(303) 47$2139
office ol community development
October 14, 1991
Mr. Charlie Gersbach
Vail Associates Real Estate
P.O. Box 7
Vail, CO 81658
Re: Cornlce Bulldlng
Dear Charlie:
Kristian Pritz, Larry Eslwith and ldiscussed your questions on Thursday, october 10, lggl ,
and the answers are listed below. To clarify your original questions, let me rephrase lhem:
1. Could the Comice Building be remodeled on the interior only, and combine all of the
dwelling units into a single unit without any exterior changes?
2. Could the Cornice Building be torn down and reconstructed as a single family dwelling
unit?
Concerning the first question, the current building has been constructed according to a
variance granted in 1979. As the existing structure was allowed to be built because of a
variance, all conditions of approval which were given as a part of the variance must be
continued. One of these conditions w.rs the requirement to create employee housing. As a
result, as long as the existing building continues to be on this site, the employee housing deed
restriction must be maintained.
Concerning the second question, if the structure were rebuilt without the need of anv
variances. the deed restriction could be taken off the property. This elimination of the
restrictions would be made possible by conformance to zoning standards. lf any variations
from the code are needed, the housing restriction could stillbe applicable.
Mr. Charlie Gersbach
October 14, 1991
Pqe2
This information coincides wifi the letter Kristan Pritz wrote you on January 14, 1991. In her
letter, she emphasized the fact the employee units must be maintained in any reconstructed
building on ihe site, assuming that the existing variances would be needed.
Please bel free to call me, Kristan or Larry if you have any more questions about this
propefi.
Larry Eshrith
Kristan Prits
lab
cc:
Sincerely,
o
ot
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75 south tronlage road
Yail, colorado 81657
(3Gr) 47+2138
(303) 4792139
october 11, 1991
Mr. Charlie Gersbach
Vail Associates Real Estate
P.O. Box 7
Vail, CO 81658
Re: Cornlce Bulldlng
Dear Charlie:
Kristan PriE, Larry Eskwith and ldiscussed your questions on Thursday, October 10, 1991,
and the answers are listed below. To clarify your original questions, let me rephrase them:
1. Could the Comice BuiEing be remodeled on the interior only, and combine all of the
dwelling units into a single unit without any exterior changes?
2. Could the Comice Building be tom down and reconstrucled as a single family &velling
unit?
Conceming the tirst question, the currenl building has been constructed according to a
variance granted in 1979. As the existing structure was allowed to be built because of a
variance, all conditions of approval which were given as a part of the variance must be
continued. One of hese conditions was the requirement to creab employee housing. As a
result, as long as the existing building continues to be on this site, the employee housing deed
restriction must be maintained.
Concerning the second question, if the structure were rebuilt wihout the need of anv
variances, the deed restriction could be taken off the property. This elimination of the
restrictions would be made possible by conformance to zoning standarG. lf any variations
from the code are needed, the housing restriction could still be applicable.
o
Mr. Charlie Gersbach
October 11, 1991
Page 2
This information coincides with the letter Kristan Pdtr wrote you on January 14, 1991. ln her
letter, she emphasized fie fact he employee unib must be maintained in any reconsfiucted
building on he site, assuming that the existing variances would be needed.
Pfease leel free to call me, Kristan or larry if you have any more queslions about this
property.
Sincerely,
Andy Knudtsen
Town Planner
Larry Eshritr
Kristan Pritr
lab
@:
75 south fronlage road
Yail, colorado 81657
(303) 479-2138
(3{r3) 479-2139
January 9, l-991
offlce of communaty development
CERTIFTED MAIL
j20'?Yoo
Dr. Walter Huttner <""- '
4545 East 9th Street
Denver, Colorado gO22O
Re: The Cornice Building
Dear Dr. Huttner:
ft has.recently come to the attention of the Department ofCommunity DeveLopment that two off-street parking spaces havebeen created on the Cornice Building property. Because of thelinited site distance and the tight rlaius oi vait valley Drivein the area of the Cornice Building, the Town of Vail ha3 naJorconcerns with the addition of off-street surface parking in fnisarea.
r have reviewed the Townts permanent files regarding the corniceBuilding and have been unable to locate any T-wn approval foroff-street surface parking for tbe Cornice Building. ft appearsthat in 1979, an application was nade to the planning cornni-ssionto add one surface parking space, honever the pranning connissionsubsequently denied the request. Then in l-986 a request was nadeto expand the existing building, which included the addition ofon-site parking, and again, the planning Conmission voted to denythe request.
The Town requests that you irurnediately elininate the on-siteparking, located on the Cornice Building property. Our concernsare entirely centered around safety, not only for the pedestriansin the area, but also the users of-the parking area. We ask foryour cooperation in this rnatter so that ticketlng/citation of theparked vehicles will not be necessary.
)
,'
Again, thank you-for your cooperation and if you should have anyguestions regarding the above, prease do not Lesitate to contaclme at 479-2L38.
Sincerely,
hi* n,e^-
Uike Mollica
Senior Planner
MM:lrdcc: Ron Phillips
Ken HugheyKristan Pritz
2' t.1' 1 t 5/.44 "-/ ),n tlr **, , N " /-;( A ,a*/J ,k
i- Vo;.( dc, *""/t*{ J ,*,-l db^ l.Z*/ .tk
e!4,,r,-.-t 6" 4, \y'.e. ,L q + _/L? H'-t( "J ,"*tlg ,aSet a41-Q, ,, q*4,r
4 . H, ,r_t ,t r,4 A o_+'fr4,a-q -Ai Tdl re.
t
(,uet f{,-.4-^
rrQc0Py
75 3outh lronlage road
vall. colorado 81657
(303) 4792138
(303) 47$2139
otflce ot community deYelopment
January 14, 1991
Mr. Charlie Gersbachc/o Vail Associates ReaI Estate
P.O. Box 7Vai1, Colorado 81558
RE: Cornice nullding Information
Dear Charl.ie:
In answer to your question concerning the three employee housingunits within the Cornice Building, it is the Community
Developurent Departmentrs opinion as well as our Town Attorneyrs
opinion that the three units must be used for long tern rentalsto full tine ernployeers in the upper Eagle Valley per the
agreernent dated ylay 2, 1985. The purpose of this agreement is to
insure that the units are rented or at least made available for
long term rentals to employees. ff the building were to be torn
down, the units would have to be incorporated into the newbuilding. The only way to arnend this agreernent would be toactually rewrite the conditions concerning the ernployee units
which should be reviewed by the Planning cornnission and Tortn
Council . As you are well aware, the conrnunity now has an
enployee housing problem. At this time, staff woul,d find it verydifficult to find any reasons justifying the removal of the
units.
I have afso included the Planning and Environmental Conmissionstaff memo dated Septenber 22, 1986. From the staff notes on the
memo, it appears that the existing building has 1,595 sq. ft. of
GRFA. The a]lowable GRFA for the property Ls 2,195 sq. ft.
Please remember that we vould recheck the GRFA if a new proposal
is subrnitted. A1so, the nulti-fanily GRFA definition will be
amended in the near future. We have also included staff
correspondence frorn Ton Braun dated Sept. 11, 1986 and minutes
from the Planning and Environmental CornmissLon for yourlnfomatlon file.
Please let me know if you have any additional questions
concerning the property.
Sincerely,
r) I ft .tl-t r I tf I
-{,r',*.t^ Y-l:r{^\-NuK,{rl lrIt,r-I(ristan' PrLtz\
Conmunity Development Director
KPl1rd
enc.cc: Larry Eskwith
I t
COPYFIL E
75 roulh frontage road
vail. colorado 81657
(303) 479-21s8
(303) 479-2139
January 9, L99L
Dr. Walter Huttner
4545 East 9th Street
Denver, Colorado BO2ZO
Re: The Cornice Building
office ol community developmenl
CERTIFIED I{ATI,
Dear Dr. Huttner:
It has.recently come to the attention of the Department ofCornnunity Development that two off-street parking spaces havebeen created on the Cornice Building property. Because of thelinited site distance and the tight raaius oi vail Valrey Drivein the area of the Cornice Building, the Town of vail hal najorconcerns with the addition of off-street surface parking in Ltrisarea.
r have reviewed the Townrs pernanent fires regarding ttre corniceBuilding and have been unable to locate any town approval foroff-street surface parking for the Cornice Building. It appearsthat in L979, an application was nade to the planning Comnlssionto add one surface parking space, however the planning conrnissionsubsequently denied the request. Then in 1995 a request was madeto expand the existing building, which included the addition ofon-site parking, and again, the planning Courmission voted to denythe reguest.
The Town requests that you inmediately elirninate the on-siteparking, located on the Cornice Building property. Our concernsare entirery centered around safety, not onry for the pedestriansin the area, but also the users of the parking area. We ask foryour cooperation in this natter so that ticketing/citation of theparked vehicles will not be necessary.
Again, tlrank you-for your cooperation and if you should have anyqueations regarding the above, pleaae do not hesitate to contacfne at 479-2L38.
Sincerely,
hl* n,u/-
llLke ltoltica
Senior Planner
!l!t:lrdcc3 Ron Phillips
Ken EugheyKristan Pritz
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C*tn July 3, 1987
WALTER A. HUTTNER, MD
DIAAETES AND RELATED DISOROERS
HARVEY B. KARSH. MD
INTERNAL MEOICINE
RICHARD S. ABRAMS. MD
INTENNAL MEDICINE
OANIEL C. CITRON. MD
INTERNAL MEOICINE
Thomas A. Br aun
Town of Vail
75 South Frontage Road
Vail-, CO 81657
Re: Cornice Building'r\\-
Dear Mr. Braun:
I '.lould like to delay ny application to the Planning Commission
constideration of further options on my property.
I will notify you well in advance when I would like to appear.
als o like to apologize for this change in schedule.
I appreciate your attention to this matter.
Sincerely,
Uvttr ld"mo
Walter A. Huttner, M.D.
WAH / me
4545 EAST NINTH AVENUE SUITE 670, DENVER. COLORADO 8O22O TELEPHONE 32O.2AOO
p end ing
I woul d
petit:t<>loate
PETITTON FOR],I FOR A.}IEND}IENT ?O THE ZONI}IG ORDINANCE
OR
tl,rJt, ^j f,es-rn r c4 or,,5
r. ::';":.:":^u:::-i=.::s:iI9d ror any amendnenr roor ror u. '.q'.=!-r;;=;-;i;dl;.T:"iffi;":ili";: .n" zonins ordinance,q N.E"',18 OF PETITTONE".
aonmss_tf Urc_*IgIg_ru,o*u__p1@,)
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ADDR,ESS . ' I',.
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NAME 0F 0|{NER (apint or type) @nkL_t_A{Zffif"tf n"fr*A_srcNAruRE______.14lzLfih r- lrt .r**-. =)--
^DD?Ess Ll>0u [ /44-^f 5t'/{i,s iJ.ryot I L4n//t2 7: *:-r,}:
LOCATION OF
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I-,EGAI DESCR]PTION
FEE 9100. o0
PRO-DOSAf-'jb t V(+t t-_Vt+L-LC y
fwo
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eu+l"ij:.t""5.:l:r:;*"s or. owners or all properry adjacent ro rhei | ,a , n,:.nd thcir mailing addresses.
'' T',7 ? i,|L33 ,',' f c^t/r $ / 1zt trLr
L, tL/. l" -(" X'o t z,
-e[ition form for Amen. I zo'r's ord or Request roo"rr.r,ge r' uoxr.,r;:.i"=
Four (4) copies of the follorvi.ng infornation:
The petition shall include a surunof the regulatior
:ffi "i::"::"s,: i: l; i"
=:S=*sl
#.:i=i;;ii:i3i,S:.H::i:#:and. proposed d,istri"t 1"""a;;;.;.'' d rlraP l-noacating ihe,.exrsiing
e"pLi" ;iu-;;rl?"ting the ;;;;;;;;. i
?he Pianning and Environmental co;nni.ssion_ meets on the 2nd and 4thFf.ndays of each-raonth. a-p"riti"r, witrr-fn.-,iJJ.=..ry acconpanvingmateriar must be_subin:'.tted.-;;;;. rveeks p.ior -tJ-rhe
date of-thl neer_ang' Forrowino. the- plan"inj-""a. rrr.riioirrii":-'-cor*ission meetirg, .;i ].T:"9"$: ;:,j':" ff :il ;,:: ;+1;H :;:i;l"T t,: ". uor:na.,y -;;;s"
A.
.If f . Time Requirements
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COSGRIFF. DUNN
A ABPLANA|.F
A'TOEIIEY' A? LAW
aurTt tol
cof,r|EictAL wln|o
lr . FFOIIAOI FD. W.
t. o, lot lao
ArL. COLORAOO Attla
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AGREEMENT
TTIIS AREEMEI.IT dAted thE }I day of , 1985, by ard
beb^,een I$IE TCI|N OF VAIL, CC[.ORADOrGreinaft€ffiffitE as ',V3i-iltard IGLTER IiIIIHINER, as the cr,srer of tte Cornice hrltdirg, hereinafter
referred to as I'Oh[Er.rl
WHERET\S, Vail has requested that certain restrietiqrs regardirgt}lree (3) erployee units be placed on the Cornioe hildirg, hereinafter
referred to as ttte Subject Froperty.
NOil, THERETORE, for tle srm of Ten Dollars ($10.001 arrt otlrer
Eood ard valuable onsideration, ttre sufflclencry of vitridr is hereby
acknovledged, the partles hereto agree as follcrus:
- _ 1.- fhat portlor of ttre gruxd level on t}re subject property
cuprised of tbre*r (3) dt€lling units, eactr having a sleeping area arxl
kitctren and ap'pro:<inately 200 square feet (referred to as Erplqgee
Units) sttall be used o<clusively as erployee horsing rrnits.
2. The three (3) ftployee Unlts shall naintain a minimln
qilrare footage of 200 square feet per unit, horever, the wrfigiurationof the units nay be altereal.
3. the tluee (31 Erployee Units strall not be leased or
rented for any period of less than tJrirty (30) consecrrtive days; ard, if
any such Erployee Unit strall be rented, it shall be rented only to
tenants wlro are fuIl-tfurp enployees in the tJpper Eagle Valley. Ttte
tlpper Eagle Valley shall be deemed to irtcludte the Gore Val1ey, Mintrrrn,
Xed Cliff, Gilnen, Fagle-Vail and Avon, ard the surrcrrrding anreas. Afull-tire arployee is a person lrho lrorks an average of thirty (30) trourgper ueek.
4. lltte restrLctions contained herein shaU.rsnain il effectfor a period twenty (20) years fncrn the date of this AgreerEnt.
5. Ttris Agreemnt slrall. be a @venant rurn:rry with tle lard
ard shalt birul tlre Oarer, its heirs, eiuccessors, and assigrns, ard aLl
subsequent lessees and qmers of the S\rbject Property.
ATIESf:
Omer, Corn:ice Erilding
Tcrvn Clerk
$onN oE \nlt, cotoRADo
o
lultn
75 louth frontage road
vall, colorado 81657
(303) 476-7|nO
June 8, 1987
offloe of Gommunlly dcvCopmcnl
Dr. Walter Huttner
454f, East 9th
Denver, Colorado 80220
Re: Cornice Building
Dear Dr. Huttner:
Enclosed you will find a form to be fil1ed out in order for your request
to be considered by the Planning and Enyironmental Commission. Please
accompany this form with a written statement detailtng your request tolift the employee housing restrjctions on your property. In addition,
the items checked on the application form shall be submitted with your
application. All material mUgt be received by our office on June 15th
in order to be scheduled foFlfi'e July 13th Planning Cormission meeting.
$,(Llo,,,--,
Thomas A. Braun
Senior Planner
TAB: bpr
PUBLIC NOTICE
NOTTCE rs HEREBY crvEN that the pranning and Environmentar
conmission of the Town of vail $rill hord a pubric hearing in
accordance with section 18.66.060 of the municipal code of the
Town of vail on Jury r-3 ' Lg87 at 3: oo pM in the Town of vail
Municipal nuilding.
Consideration of:
l-' A request for a density control variance, a height variance,
a conditional use permit to renove accomnodation units from
the second froorr'' and an exterior alteration in order to add
a fourth floor, additionar decks and architectural
projections to the plaza Lodge located on lots G, H, I, J, K
and part of F, B1ock 5C, VaiI Vlllage Flrst Fi1ing.
Applicants: Mr. and Mrs. Oscar Tang
2. A request for an exterior alteration of the castof
Grarushammer located on Lots ErFrG, H and I, Block 58, Vail
Village First Filing.
Applicant: pepi cramshanmer
3' A request for a speciar development district in order to add
a third f100r to the Rarnshorn Lodge r-ocated on Lot , Block 3,
vair vilrage 5th Firing and Tract F-r and parcel RH.
Applicant: Ramshorn partnership
4' A request for an arnendment to housing restricti_ons for the
Cornice Building located at 362 VaiI Valley Drive.
Applicant: Walter A. Huttner
5. A request for a setback variance in ord.er to add an enclosure
for a hot tub area on Lot 1, Block 7, Vail Village First
I'iling. Applicants: John and Mary Hobart
'f,1/t t)+- a >t-i'
5.A request to reapply zoning on recently annexed portions of
Vail known as all of l-',ots 20 and 2L, Section 1, and part of
the North L/2 SecLi'on L2, Township 5 South, Range 81 West of
the Sixth Principal Meridian, Eagle County, comrnonly known as
Lionrs Ridge Filing No. 2 and Filing No. 4, Ridge at Vail ,
and Cliffside. Appticant: Town of Vail
A request to reapply zoning on recently annexed portions of
Vail known as a portion of the West L/2 of Section 14 and a
portion of the Southeast L/4 of Section 1-5 Township 5 South'
Range 81- west of the 6th Principal Meridian, Eagle County,
commonly known as VaiI Intermountain Subdivision, Blocks
Lrz1314,5,6,8 and 9, and Stephens Subdivision as well as
unplatted portions. Appticant: Town of Vail
The applications and infornation about the proposals are available
in the zoning administratorrs office during regular office leours
for public inspection.
TOWN OF.VAIL
COMMT'NITY DEVEI-,OPMENT DEPART!,IENT
TAOMAS A. BRAUN
Zoning Administrator
Published in the VaiI TraiL on June 26, L987.
7.
T
75 south trontage road
vail, colorado 81657
(303) 476-7000 olflce of communlly development
June 29, 1987
Dr. Walter Huttner
4545 East 9th
Denver, Colorado AO2ZO
Re: Cornice Building
Dear Dr. Huttner:
TI,"n\_you.for your call reguesti-ng to delay your apprication tothe Planning Cornrnission. I will need a written reguest inorder to table your application. prease indicate the date thatyou would like to re-schedule this hearing. The planning
Cornmission meets on the second and fourth Mondays of eachmonth. Your written request is requj-red by July S, Lga7.
Thornas A. BraunSenior Planner
TAB: bpr
raIrr
'*
,
luwn
ZS south lrontage road
yall, colorado g1657
(303) 476_7000
June 8, 1987
offlce of communlty developmenl
Dr. l,lalter Huttner
4545 East 9th
Denver, Colorado 80220
Re: Cornice Building
Dear Dr. Huttner:
Enclosed you will find a form to be filled out in order for your requestto be considered by the Planning and Environmental commissioir. please
accompany this form with a written statement detailing your request tolift-the employee housing restrictions on your properiy. In addition,the items checked on the-application torm ihatt'oe'suumitted with youiapplication. All material must be received by our office on June 15thin order to be scheduled fo7-El'e July 13th plinning commisirton meeting.
0Irl.^*-
Thomas A. Braun
Senior P'l anner
TAB: bpr
.-h
r' T!r: procedure is_required foror for a requesr f";.;-;;;.ii..
eetiti.onlte
THE ZONr}iG ORDI};ANCE
tl,ils, -7 Ralg7n tttt a,n,
any amendmen t to the zoning ordj_nanceboundary change
PETITION FORM FOR A,IUEND}IENT TO
OR
'e NA;'.IE oF pETrrroNER
ADDRESS
PHONE
NA.I"IE OF
ADDRNSS
PETITTONER 1S REPRESENTATIVE
PTiONE
NAI4E 0F 0liNER (print
SIGNATURE
or type)
ADDR-ESS
Pi:ONE
TOCATION OF PROPOSAT
ADDRESS
LEGA-L DESCRTPTfON lot block
e
e
F'E.E'$100.00. ,PAID
L._ti:a. of the names of owners ofsutr:ect properry, *Jir,"ir';;r;;::],"",::::rtv adjacent ro the
(ovrR)
Four (4) copies of the following infornation:
A' The petition sharr include a sununary of the progosed revisionof the resuratio";,-;;-;*I"ini;*-al""riptioi or. tJre proposed,ffe";::,::.""; i :i: l" :;*: j: i :" F ::T::_:i$l:a,ins the ex r s,insand. proposea aistii"."ilI"i;;i.::" a naP indicatins tr," i*.-"tinggtrpl,ic n;tu'i,t]?.ting tl,e rcasons g;. i
.rrr. Tirne
The-Pianning and,Environinentar conni;s-ion neets bn the 2nd and 4th,,rondays of each roonth: e-p"iitio' ri_.rr rr,._r.I"!1";1..:::;:S"l,i"H5l"Firl:;1";".'"ubmitted-iJ,,'.'*"".I. piio'"i;";" date or rhe neer-"-ri..m"r,liJ"i.".i"e.
Planning anri enviroiiJni"i"cJ*oission meeri.-:s,.musr so t" Ir,J ;:,;":",fr:ilnr::.il::;=.:arli.i,i!t ;;;;;#:;.;;"
Requirements
J,L
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Torrn of Vall
Vail, Colorado
Septernber 26, L986
I
trWY
Gentlenenl
tsIVIIO\SGNfAI-PLANMNG of the Town of Vai-L Turned down a r:equest
for a varianee for the enlargement end inprovemert of the cornicc
Building at the last neetlng. l{e wouLd li}e to subyrit 4 sirrri}iap
proposal at thls tlne to the Tom of vair council for thelr revier
ard approval' AFFEII,TNG the declsion of the Environnental-plannirrg'
Connlssion.
Sincere\r,
f*il/n1'
'7
't{'
a
April ?6, 1985
HL Ton,
Per our telephone comrersatlon the slgn would look like this, w:ith the
exeeption that my name and tel-ephone nunber would be deLeted. It w111 be
10"x20" and rrll-1 hang fron the exlstlng Mlke Palner Real Estate Sign.
Materlal used will be wood, palnt blaek anal whlte enemel.
If you should feel ttere ls a problen, please let me know.
loads,Thanks
P€TEA COSOFIIFF
JOHN tv, OUNIT
FO8€Ri H. S. FRENCH
STEPHEN C. WEST
{IMOTHY H. AERRY
OAVID H. MILLER
RTHUR A, ABPIANALP, JR.
JOHN B. }YOOD
13031 476.7552
28 February 1984
LEAOVILIE OFFICE:
P. O- BOX tl
LEADVILLE, COLORADO AO'6I
t303) 486.taas
BRECKENRIDGE OFFICE:
P. O. BOX 5AA
AR€CXENRIDGE. COLORADO OO42i]
€o3r r153.290t
D
l'!r. PeLer PattonDept. of Conununity Development
Town of Vail
75 S. Frontage Road WestVail, Colorado 81657
RE: Cornice Buildino
Dear Peter:
As I hope you \^rere advised by your receptionist, Icancelled our recent meeting regardj_ng the Cornice Building
because I vras unable to prepare the specific proposat whichyou reguested. if we were to discuss once again thealternatives for that structure. It is my hope that Dr.Iiuttner's desires regarding this building rnight besatisfactorily conveyed to you by this letter.
Dr. Huttner desires to modify the Cornice Buildingin a manner which he believes will benefit both the Tovrn ofVail ancl himself. As you are undoubtedly aware, thestructure is now occupied by a residential unit occupyingthe ent{re second floor, three small residential units, andone conmercial unit occupying the l-ower floor, each of whichcontains approxirnately two hundred square feet. Theresidential units have been a continuing source of problemsfor Dr, Huttner because of the difficulty of obtainingreliable tenants for the residential spaces. Dr. Huttnerrsefforts to manage this portion of the structure in the
manner reguested by the Pl-anning Commission in 1979 havebeen met with continual probl-ems of delinquent rentals and'' vandalism. Additionally, the occupants of the structure
. create pressure on the area and make demands on the parking
- s t r qgJU r-e i"e s on s _i s t e n!*lgl! h- 3'-b@ o*F e.-ehe' -
Townts goals," While tfre=tiiictui:e' tfre siiE-'of the CorniceBuilding is, by its very nature, inconsistent with the useof adjoining properties, the parcel upon which the structureis located effectively lirnits the amount of expansionavailabl-e, and further makes unrealistic the demolition ofthe build.ing and the construction of a new structure moreconsistent vrith adjacent property uses.
I,'
"',,.''.
Paqe 2
I.,".
i ' l|''I t" t..! t"
.l r'. f' ,i; ri||l t, t,{K'' \i \:i
\\. .{ \ .?r'i, ,i I
Absent the ability to either reconstruct the
improvernent ot"J*pi"a tn" ttt""t"l"- it'' " *1i::Tt;:l"lil?"1n"
with ad3a"""t pi"il"tlit"' Dr'.Huttner has concr
most losi""t *"'ii'o;-;;-i""o"utii; -tnF b:i-l-gil?' consistent
with his neeas-ina the concet"i"6t the Town 9f vail' rnrould
be the "o.'t'"t"il"-oi--ir'"
ro"tt-t'iir-oi trt"'structure into a
sinsle tt"ia"tii'r-o"il f. !h:::b; lonsoriaa:|ls' tn" three
existing t""tiJ"tial units and-the conmericar unit into a
sinqle us-e-r ;;"il;; iiott"a"ttl"it'-n"l:"::^:?"ld eriminate
/ thermuTtiprt 7'"=itiltt!'"r u=t' li''a-Lhe attendant parking
.. demando, t""ollol"a titt' pt"""i[-oies' ana-would arso
'l eliminate the lommerciar """ t't'ittt-yoo n"tt" indicat'ed the
rown feels i"";;;;;;iu[" t"t this location'
In order to reconstruct'this-build11g^?" ""
attractive additil''-io-"-t'""t'iry ti""ur"a' tT"l'^lf ''the Torvn
of vair' Dr. Huttner wourd-ll:: ::iH::;lltt;fi,t?X':'51:"? ry.:l=[ xi,ill3f"u,l"the ov-e-t!,€t-4
,,"'l;i.7
ffiTTfrinate on-goj.ng prorJrEl''o. ""---d--drainage'. It is our
mliitiiit"ul'1"::A Udlil: i1: "1I"""i " "t iolt- r, ih"t th"'"
rema in s approx imate lv L-6 1 0- ?n:?t^: -;:::l" t-.H:i.":#l?:5 le to
::H'," i":t|:::'"-?:! i[;l'.i "
io;i'";' " ;; J
"
- i o rro' t a app I i c ab 1 e to
tlris buildins. t;"';;;;;i"u :91:J-"-irr""trated'on
the
enclosed plat, "ooia'cr"eate -leetoiiiu;;i;-;" 1aa1lionaL 469
square reet or t;;i;t;ti;r rrl-or ;;;;-;;=ed on external
;: : =;;.;; * ::, -,"*i!tk :-#ti3it"3ti;Xi? ; i?,tli; : 3";: "
it
order Lo. exP.ano r
:il;it";.-l'"iit"a to set-back '
rn a-ssociation with the improvements of this
property, ot' noiliei-woura ptopo"l-"'to aitt:-d" the property
intb separate owi!t"rtti';l-e"'trtui'=-iy in imaginative Party
waI1 asreement, -;;;";;;;' ritcetv- ?t,.i*:'":iii'$l.it.lHio"
:il*:i+":r"ti:"i"i: "ln"':ttll"l'i"' to the creation or two
units wourd n" tt'i"Ii"t{io" "r "iJ-=ingte-tamilv
dwellins'
which would ne "ouj""t to a t"rnoilrittg generalrY-similiar to
that rvhictr we trave-plop?":l rot l"ii"loiit s1ru91ure' while
this prop9".1 *oord-;;' ress-aesi?::i:rii$.lninS'l?'.'it::'::
oi-"i!tr'it does represent an ar
i"o ""P.tate units'
you wirr rind enclo:?+ ? 'opv ?I^tl:-tTlt;I:Hl:",
survey rocating'ii"-c"i"it-t.PYilui"g on the toc' :
indicating tne pJiiio"" or the 1;;;; floor which Dr' Huttner
r,rishestoexpan5:--;-i;;p"ti'tttilil'iiroi*utionrn'avbeof
assistanc" ,o ylo ii ""iiy"ing this request'
Page 3
)
It is our feeling that the modification of the
cornice building ""gg""ita-by DI''H"tt"tt will improve the
appearance of thii-#;;-; Ii-'e t-otn-."i v"ir' while lessening
tire impact o! t-he present rise of the-structure' Recognizing
that the Cornice eitifaing ls ol9 of the original
improvements of t"u!-i;i"'"i-vtir' -"tta- that its deterioration
under present ,,"""i"-iost-unaesii"[it ior uotrr the Town and
the building's oktner, his proposal is one which would seem
i"-f,"""fit iottr the Town anil Dr' Huttner'
I hoPe that
this proPosal within
AAAJr: ggtt
xc: Dr. Huttner
\,re
the
.+ 4-'-":-i, ., i2"'""- f*''a:"t*
/..
,r71/.|''tz't''I
r'" : "
*/-''"'tI /'
,y'nn*-t* ,
ar;,,,tA'
I 1J\?
{j'"-
2
have the oPPortunity ggl
ur A. AbPl-
&FGI
lnwn
75 soulh frontagc road
vall, colorado 8165T
(303) 476-7tXtO
October 2, 1986
olllcc of communlly deurlopnrnt
Dr. lJalter Huttner
362 Vail Val1ey Drive
Vai'l , Col orado 8.|657
Re: Connice Building
Dean Dr. Huttner: , t_
Your appeal of the September 27, 1986 Planning and Environmental decislonto deny the Cornice Building variance reguests has been scheduled with the
Town Council for 0ctober 21, 1986. The meetlng will begin at 7:30 PM in
the Council Chambers of the Vail Municipal Bui'lding. Please be advisedthat the Council shall review the same application and substantially the
same presentation as was presented to the P'lanning Commission.
Thomas A. Braun
Seni or P'lanner
TAB: bpr
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:
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Pl+r* trvJ + t/vt/t4o,wta\&'q-ilL
(-''Y) t14n4tS S(of'')/
D E4n Co\4rs.ltcttwf/E^t^t aF t/trL,
UUrIS #
{r,lttl Bt
Jol,j-o272,; 3,-of qZS G4/v6a /<r>4o'7
_
7l z/ra
€ru / L7t t $cuJtiV Eft n t 7'c)u:an oF /e'( '
5.rt- ctz z*
W^,f"*"-q@-,
ffiruR 4.f ar?tuER /vt.Dt
I
TAnet
rl'
75 soulh t.ontage road
yail, colorado 81657
(3o3) 476-7000
September 11, 1986
oftlce of communlty developmenl
Mr. Mark Donaldson
P.0. Box 5300
Avon, Colorado 8.l620
Re: Cornice Buildjng
Dear Mark:
t,/e have comp'l eted our staff revjew of the cornice Building application to beconsidered by the Plann'ing commission on september zz, 1996.' The followingoutl ine our concerns relative to thjs proposal
1. Restri cted Employge Units- As you know, the property is required to@sin9initsasout]lnea:iniprevious'agreementwith the Town. |,te request that you submit to this office a writienstatement outlining which of the proposed units are to be restricted to
employee housing as per this agreement. Please submit thjs informatjonto our office by Wednesday, September 17, 1986.
2. Accgss,/Parkjnq. Upon further review of the proposed p1 an, it is theposition of the staff that it is inappropriate to introduce on-siteparking to this site. This is due to the location of the property as itrelates to the Blue Cow Chute and existing vehicular circuiation in thearea. In addition, there appear to be further problems w.i th theproposed parking layout as it relates to Section .l8.52.0g0A of thezoning code. This provision of the code requires parking lots of thistype to be designed in such a way that it is not necessary for vehic'l esto back into any street or public ri ght-of-way. l'lhile a portion of theproposed spaces could meet this reguirement, it appears that a portionof the spaces would require a vehicle to back onto the risht-of-wav.Alternatives in dealing with the parking demands for this site wouid-include redesigning the development in a way that does not increaseparking demands, or requesting a parking exemption from the Town councilto allow for the payment into the park'i ng fund for the requ'i red parking.
3. Density. Twice in the past year we have dealt with proposals foradditional density on this site. Twice the planning staff has strong'ly
recommended that densities not exceed that allowed by zoning (or : -
establjshed by existing development). Our position, as it relates tounits and GRFA, is unchanged from the previous two submittals
!
Two positive aspects of the proposal include the remova'l of the office space
and the upgrad'ing of the employee units. As has been stated, our department
would encourage you to continue to study the potential improvements to thisproperty (particular'ly the employee units), however, we are unable to support
requests that exceed the density contro'ls established in the zoning code.
Please do not hesitate to ca1 I me with any guestions you may have.
Si ncerely,
,/(t'*^ [&n^^
Thomas A. Braun
Senior Planner
TAB: bpr
cc: Dr. Ualter Huttner
Mr. Robert Nelson
D-\-
rj a
Application Date_-@
-PECMEETINGDATE I IoIZBICJ
-
APPLICATION FOR A VARIANCE
I. Th!s procedure is required for any proJect requesting a variance. The applicationwill not be qccepted until all ini'ormation is submitied.
A. NME 0F APPLICANT James H. pabaer and Dr. Robert Baker
ADDRESS 362 Vett Valley Drlve
B.NAME OF
ADDRESS
NAI'IE 0F OWNER(S
s
ADDRESS
Val1, Coldrledo 8L65?pxOne 425-t 320
APPLICANT'S REPRESENTATIVE Roberta Inouye, the Deslgn Co.
%2 Yell Va11ey Drlve
PHoNE r+76-1370
(type or print)ndcr Contraetl Janee M. Felner ard Dr.
36a Vaft Vallcy Drtve
Vall, Ccjlorado 8L657
c.
,J ,"!! n'u
l)t'"' ( i.l:./n
,r 0u l*'t 'r, r'4l,rr'J
/1 1 ,., Yu'o'
t"1
Vall, Colorado 8L65?pggl6 r+f6-1370
LOCATION OF PROPOSAL
ADDRESS )62 taLL VaILey Drlve, Vail Cotorad6 8].:65?
LEGAL DESCRIPTI0N LOT _ BLOCK FILIN@
A part of Trect B'i erd a pert
'r E.
'F. A list of the names of owners of all property adjacent to the subject property
INCLUDING PR0PERTY B€HIl{0 AND ACROSS STREETS, and their mailing addresses.
THE APPLICANT I.IILL BE RESPONSIBLE FOR CORRECT MILING ADDRESSES.
II. A PRE-APPLICATION CONFERENCE I,IITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED
TO.)DETERMINEIFANY'ADDITIONAL INFORMATION IS NEEDED, NO APPLICATION I,IILL BE
ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REqUIRED BY THE ZONING,
ADMINISTRATOR). IT IS THE APPLICANT'S RESPONSIBILITY TO I'IAKE AN APPOINTMENT,
I.IITH THE STAFF TO FINO OUT ABOUT ADDITIONAL SUBMITTAL REQUIREI'/IENTS.
PLEASE NOTE THAT A COMPLETE APPLICATION l.lILL STREAI'ILINE THE APPROVAL PROCESS FOR
YOUR PROJECT SY OTCREMTIG THE NUMBER OF CONDITIONS OF APPROVAL THAT THE PLAI.INING'
AND ENVIRONI'IENTAL COMMISSION MAY STIPULATE. ALL CONDITIONS OF APPROVAL MUST BE
COHPLIED t,lITH BEFORE .q EUILDING PER}IIT IS ISSUED-. I '
ItI. F0UR (4) C0PIES 0F THE F0LL0WING t'tUST BE SUBMITTED:
A. A I,IRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE
REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity,
' 2, The degree to which relief from the strjct or literai interpretation and
enforcement of a specified regulation js necessary to achieve compatibility
and uniformity of treatment ;imong sites in the vjcinity or to attain the
objectives of this title without grant of special privilege.
,/ ,/ utrt crcek Roei - r-' r
FEE $100 PNp,rt2,/,,/i cK # /a/2_ FR0M_
THE FEE MUST 8E PAID BEF,ORE THE COMI'IUNITY DEVELOPMENT DEPARTMENT l,tILL ACCEPT
YOUR PROPOSAL.
I
l
._ ,?
3. The effect of the variance on Iight and air, distribution of,populat'ion'
tiinsportation, traffic facilities, utilities, and public safety'
B. A topographic and/or improvement survey at,a scale of-at least l" - 20' stamped
by a Coloiado licensed surveyor including-locations of all existing.improve-
mints, including grades and elevations. 0ther elements which must be ghown
are pirking and-'l6ading areas, ingress and egress, landscpped areas and
utillty and dralnage features.
C. A site plan at a
bui Idings.
F.
G.
scale of at least lr'= 20' showing existing and proposed
D. All preliminary building elevations and floor plans-sufficient to indicate
ttre bimensions-, general-appearancet scale and use of all bulldings and spaces
existing and. proposed on the site.
E. A preliminary title report to verify ownership and easements
If the proposal is located in a multi-fami'ly development-which has a homeownet
assocjalioh, then wrjtten approval from the association in support-of-the
proJebt musi be received Uy'i auly authorized agent for said association.
Any additional material necessary for the review of the application as
determined by the zoning administrator.,
* For lnterior modifications, an improvement survey and site plan may be
waived by the zoning administrator.
IV.Tlme Requirments
The Planning and Environmental Commission meets
oi-each monih. A complete application form and
(as described above) must be submitted a minimum
PEC nuhlic hearing. tlo inconrplete applications
admihistrator) will be accepted by tlre planning
nated submittal date.
on the 2nd and 4th MondaYs
a1'l accomPanYlng material
of 4 weeks prior to the date cf
(as determined bY the zoning
itaff before or after the desig-
T;
,*
/*l /nry >",.lrt,la{cetaty .^-M J*ria*,ce--
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ri artG !
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du *-il [*.n"-- \ec .,rr+!rw.. 11- r{- 'r*lroo*,
"t^ {,-*-}t- er\^..$^( ?s .r*1. -
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APPLICATION DATE: selrnber 9, 1985
:DATE OF DRB MEETING:
DRB APPLICATION
*****THIS APPLICATION hllLL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBMITTED*****
I. PRE-APPLICATION METTING:
A pre-application meeting with a planning staff member is strongly suggested to
aeiermiirb'if any additional inforination is needed. No applicat'ion will. be.accepted
unless'it'is compieie-(must jnclude a'll items required Uy'ttre zoning administrator).
it is tn" applicint's responsibility to make an appointment with the staff to find
out about aiditional submittal requirements. Please note that a C0MPLETE appl'ica-
tjon wjll streamline the approval process for your project by decreasing the number
of conditjons of approval tlrat the'DRB may stifulat!. ALL conditjons of approval must
be reso'lved before a building permit is issued-
A. PROJECT DESCRIPTION:
B. LOCATION OF PROPOSAL:
Addres s
Lega'l Description Lot Bl ock
Zoning Reedenttal-8ur0ts, oordltions.l use pennit office.
Janee M. Palmer
Fil ing Vall Vlllege Flret
F1111ng' a pert of
Tract "B' ard a part'
of IIIIL Creek Road
C. NAME OF APPLICANT:
Address telephone 4?6-L3?O
D, NAME OF APPLICANT'S REPRESENTATIVE: Roborta (Bobbl€) INO'TY€' Th6 lbslgN CO.
36? VaLI VaJJey Dtr.r V411r Co.8L55?telephone 4?6-L170
0l^lNE Urder Contractt Janee Pal-ner ard Dr. Robert Baker
S i gnature
Address Vail Velley Hve, TelLr Co. 8L65?telephone 4?6L370
be paid at the time a bu'i lding permit is requested'
FEE
Address
E. NAME OF
DRB FEE: The fee wi I'l
VALUATION
$ 0-$ 10,000$10,00I-$ 5o,ooo
$50,001 -$ 15o,ooo
$150,001 - $ 59o,0oo
$500,001 - $l,ooo,ooo$ Over $1,000,000
$ 10-00
$ 25.00$Tfnr
$100.00
$200.00
$300.00
IMPORTANT NOTICT REGARDING ALL SUBMISSIONS TO THE DRB:
1. In add'i tion to meeting submittal requirements, the applicant must stake the s'ite
to ind.icate p.op"iiy iines and building cotneis. I"gbt^ that will be removed
should also be marked. Thjs work must be completed before the DRB visits the
si te.
2. The review process for NEl.l BUILDINGS will normally involve two separate meetings
of the Design Revjew Board, so plan on at'least two meetings for their approval'
3. People who fail to appear before the Design Review Board at the'ir schedu'l ed
reeiing and who i,ave'hot asked for a postionement wi1l be required to be
republ j shed.
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Planning and Environmental Commissjon
Community Development Department
July 28, 1986
A request for setback (front, side, and
(GRFA and number of units), and parking
construct a new bujlding on Tract B of(site of the Cornice Bujlding).
ot, ///
//l,lnn - lJailr
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-04 4{4h" I (
rear), density control
variances in order to
Vai'l Vi I l age Fi nst Fi 1 i ng
FROM:
DATE:
SUBJ ECT:
I.
Al I owabl e
Proposed
GRFA:
GRFA:2rsu ,vt --.t-^.1 *
Allowab] e no. of units: 2
Proposed no. of units: 7
Required setbacks: 20 feet on front, side and rear property 1ines,
Proposed setbacks: front,
sloes,
rear ,
9
5
5
feet
and 9 feet
feet
APPLICANT:Dr. l,Jalter Huttner and Mr. Robert Ne] son
DESCRIPTION OF VARIANCE REQUESTED
q
The applicants' proposa'l would involve denol .i tjon of the existinq
Corni ce Bui l d ing and the subsequ onffiofvariancesarerequiredtofaci]itatetheproposed
development. The following is a statistica'l breakdown of the alIowab'l e
and proposed deve'l opment features with this proposal:
Lot Size: .084 acres or 3,659 sq ft
K
X
ffi
Required park'i ng: 12 spaces
Proposed parking on site: 4 spaces
In addition to the proposed construction, the site plan submitted
indicates a number of off-site improvements adjacent to this site.
Further clarification should be made at the Planning Cormjssion meetingto determine the extent of improvements being proposed with this
appl i cati on.
A number of unique circumstances ari se when cons'i dering this property
with respect to the allowab'l e nunber of units permitted. At the present
time, there is ona oFen market condominium, one- real estate office, and
three units restricted to long term employee housing. Thgjotal_ruUberIt should be noted that these four units
are lega'l nonconforming units in that they were constructed prior to theexisting zoning regulations. In add'i tion, the property is
2,]95 sq ftrgfo's;-ft
a I
II
requjred to provide 3long term employee housing units as stipulated in
an agreement s'i gned in .1985 as a result of the .1979 FEC aooroval . While
the density control provisions in this zone distrTeE-(High-T-ensjty
Multi-Family), al'l ow only 2 units, the existing unit coupled with the
emp'l oyee housing agneement results in a 1ega1 nonconforming situation of
4 units being permitted- This is, of course, with the stipulat'i on that
3 of the 4 units are restricted to employee housjng.
CRITERIA AND FINDINGS
Criteria and Findin s. S cti on f the Munici
artment o nit Devel o nt denia o
ce oase upon the ollow actors :
While this property is surrounded by a variety of uses, the mostpreva.lentuseinthevicinityisres.idential.@the
roplsal-Ll-conpaLible with structures and uses illhe-gieinitv. The
iemoval of the exis!ing real ti ve
iJlplgvgGnt wjJh respeiJte.Igygme!fuiih respect to this property's relationship to surroundinguses. However, the level of development propoged.,,is,entirely
inconsistent with existing zoning limitation vicinity of thissite. The density proposed is equivalentacre. This is dramatically more dense th
ts per
evels of develonment on
adjacent propenties, or for that matter thWghout the Town of Vail.
ltafflgg]q strongly that this level of development wi'l 'l create
5 site asnthtvo
The deqree to which relief from the stri or 'l i teral i nter ano
orcement o rv to
Consideration of Factors
{
The relalionship of the requested variance to other existing orpotentjal uses and structures in the vicinity.
Because of the-extlgngf,iA-snall-size of this 1ot, a number ofdifficulties aFiFwh'tn dE Afopi-ng-Ehis property in compliance with
development standards outlined jn the HDMF zone district. Thjs isparticularly true with respect to the required lQ_loot setbacks on
sides of this parcel . Whiie the staffffiforJ,^U
the
all
setback variances may be warranted because of the 1ot size, the oppositeis true when considering density contro'l variances. As stated above,
the property is permitted 4 units, w'i th 3 of the 4 units restricted to
emp'loyee housing. A request for 7 unjts is tot:l'ly inconsistent wit[theprovisions outl ined ardship
nor cause to
same is Efue wjth regard topermitted. To approve this
would, wjthout doubt, be a
the requested GRFA which is over
request for additional density on
grant of special privilege.
ty. The
that
this site
v I c't n't
out qrant of s
J^il d,u\e fi.q a
The proposed Vail Village Master Plan recornmends certain sites for
additional density according to a stri ngent set of cri teria des'i gned to
preserve the ambiance, character and functioning of the Vi'l lage area.
The Cornice sjte was reviewed, and we feel that thi s is an inappropriatesjte for addjtional development due to 'its extremely smilF5jfi-TtF-
poor aciessibility with theproximity of East Meadow Drive and charter bus 1ot) and with the impactsof the future parking structure addition.
The effect of the requested variance on light and air. distribution of
utiI ities. and public safety.
Residential densities permitted through zoning controls relate directlyto distribution of population. As has been stated, the development
proposed for this site is significantly greater than what is permitted
under existing zoning. It is fe'l t that the 7 units proposed on thjssite would present negative impacts relative to the potential number of
people who could be accommodated in thjs location.
This site has had no
application was made
on-site park'ing for a number of years. In 19
to the Planni
llss'
lng
ecause of concerns over safety and traffic
circulation, the Planning Commission denied this request. The proposed
driveway js located only 60 to 70 feet from the final curve of the Blue
Cow Chute leading onto Vai'l Va]1ey Drive. -5g|clllpEic]ggLipnsresultinq from these Iimite iqht Iines, conpounded by the fact that
cars may well be backing out of the parking area onto Vai'l Valley Drive,
raise the question of this site's abiljty to accommodate on-siteparking. This obviously puts the developer in a difficu1 t positjon with
respect to satisfying the parking requirements at a location where
on-site parking may not be a wise solution. This, in tunn, raises the
broader question of attempting to redevelop a property that has existing
nonconforming uses and structures on it.
II I. SUCH AND CRITERIA AS THE COMMISSION DEEMS APPLICABLE TO
That the granting of the vari ance will not constitute a grant of specialprivilege inconsistent with the limitations on other properties
classified in the same district.
That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
IV. FINDINGS
The Planninq and Environmental Commission sha'l I nake the following
findjngs before granting a varjance:
v.
That the variance is warranted for one or more of the following reasons:
The strict or literal interpretation and enforcement of the
specified regu'l ation would result in practical difficulty or
unnecessary physical hardship inconsjstent with the objectives ofthis title.
There are exceptions or extraordinary circumstances or conditjons
appl'i cable to the site of the variance that do not app'ly general'ly
to other properties in the same zone.
The strict or 'l iteral interpretation and enforcement of the
specified regulation would deprive the app'l icant of privileges
enjoyed by the owners of other properties in the same district.
STAFF RECOMMENDATIONS
Staff feels strongly that
considerat'i on for existing
this deve'l opment proposal has shown
development guidelines out'l ined in
no
the zon r ng
s ite
code. The ty
Staff recognizes that thjs
wi'l I be difficult to develop within the existing site developmentguidelines outlined in the HDMF zone district- These diffjculties have
been increased through the densities proposed in this project. Thestaff would be wi'l ling to work with the developer to solve the site
development problems related to this parce'l if a proposal is made in
compliance with the allowable densities for thjs property. However, to
consjder a development proposal for densitjes greater than those allowed
on this site is unacceptable to the staff. Our recommendation for this
application is for denial .
II
?
75 south lrontage road
vait, colorado el657
(303) 476_7000
September 11, 1986
Mr. Mark Donaldson
P.0. Box 5300
Avon, Colorado 81620
Re: Cornice Building
Dear Mark:
l,le have completed our staff review of
considered by the Planning Commissionoutline our concerns relative to th.i s
otllce of communlly development
the Corni ce Bui 1di ng appl i cati on to be
on September 22, I986. The following
proposa] .
t.
1-Restficted Emp'l oyee Units. As you know, the property is required toprovide three employee housing units as outlined'in a previous 'agreemenl
with the Town. We request that you submit to this off.i ce a writien
statement out'l ining wh'i ch of the proposed units are to be restricted to
emp'loyee housing as per this agreement. Please submit this informationto our office by llednesday, September 17, 1986.
Access,/Parking. Upon further review of the proposed plan, jt is theposition of the staff that it is inappropriate to jntroduce on-siteparking to thjs site. This is due to the'l ocation of the property as it
re] ates to the Blue cow chute and existing vehicular circulation ln thearea. In addition, there appear to be further problems w.i th theproposed parking layout as jt relates to Section .l8.52.080A of thezoning code. This provision of the code requires park.i ng lots of thistype to be designed in such a way that it js not necessary for vehiclesto back into any street or pubfic right-of-wayl Wh.i le a portion of theproposed spaces could meet this requirement, jt appears that a portionof the spaces would require a vehjcle to back onto the right-of-way-_Alternatives in dealing with the parking denands for this sjte would-jnclude redesigning the development in a way that does not increaseparking demands, or requesting a parking exemption from the Town Councilto allow for the payment'i nto the parking fund for the required parking.
Density. Twice jn the past year we have dealt with proposals for
additional density on this site. Twice the Planning staff has strongly
recommended that densities not exceed that allowed by zoning (or
established by existing development). Our position, as it relates tounits and GRFA, is unchanged from the previous two submittals
3.
a I
;-
Two positive aspects of the proposal include the removal of the office space
and the upgrading of the employee units. As has been stated, our department
would encourage you to continue to study the potential improvements to thisproperty (particularly the employee units), however, we are unable to support
requests that exceed the density controls established in the zoning code.
Please do not hesitate to call me with any questions you may have.
S incerel y,
4,^-r^ [,t,n ^Thomas A. Braun
Senior Planner
TAB: bpr
cc: Dr. hlalten Huttner
Mr. Robert Nelson
o'f
PLANNING AND ENVIRONMENTAL COMMISSION
September 22, 1986
PRESENT
Diana Donovan
Bryan Hobbs
Pam Hopkins
Peggy Osterfoss
Duane Piper, Chairnan
Si d Schul tz
Jim Viele
The board first made a site visit to the
STAFF PRESENT
Peter Patten
Tom Braun
Kristan Pritz
Rick Pylman
Betsy Rosolack
Cornice Building and Ford Park.
The meeting was called to order by Duane Piper, chairman, at 3:00 pM.
l. Approval of minutes of 9/8/86. Donova4 moved and Viele seconded to
z.Ar uest for setback. parkinq and densitv control vari
cant:uttner
Tom Braun made the staff presentation and showed a site p1an, floor p'l ans andelevations, as we'l I as the part of the village Master Pl an study showing thisarea. He explained that there was on the site at the present time, one real
estate office, one open market condominium and three units restricted to long
term employee housing- The 4 units are'l egal nonconforming units in that they
were constructed prior to the existing zon'i ng regulations. In addition theproperty is required to provide 3long term employee housing units as
stipu'l ated in an agreement as a result of a 1979 PEC approval . tthile the
density control provisions in this zone district allow only 2 unjts, theexisting unit coupled with the employee housing agreement results in a 1ega1
nonconforming situation of 4 units being permitted with the stipulation that 3of the 4 units are restricted to employee housing.
Braun added that the density proposed (5 units) was comparable to 59 dwellingunits per acre which was probably greater than any levels of development
through the Town of Vail. The staff felt some consideration for setback
variances may be warranted because of the 1ot size, the opposite is true when
considering density control variances or additional GRFA and to approve the
request would be a grant of specia'l privilege.
Another po'i nt discussed was parking. Braun stated that thjs site had had noon-site parking for a number of years. In 1979 an application was made tb the
Planning Commission to add one surface parking space_. Because of concerns over
safety and traffjc circulation, the request was denied. Staff feels that jt isjnappropriate to introduce parking on the site in the manner that is being
propose(.
Mark Donaldson, architect for the project, stated appreciatjon for the
additional hearing, added that hjs client was not wi11ing to modify the
proposal , and planned to provide with the plan as proposed.
ct a new buildinq at 362 VaiI Val'l ev Drive. location
'l^
Pam Hopk'i ns asked if the applicant cou'l d pay into the parking fund, and Braunanswered that the council could allow that as an a'l ternative to onisiteparki ng.
Pam asked if the applicant reduced the number of units, what would his
a1 ternatives be, and Braun answered that one a'l ternative may be to pay into theparki.ng fund if they are creating a need. If four units are developei, itwould depend on the size of the units. If over 500 square feet, the pirking
demand would be increased-
Sid Schultz felt that the parking would create a dangerous situation at thbtcorner and did not feel he could approve additional density. Jim viele agreedwith the staff with regard to circulation. Brian Hobbs asked what was jn thebuilding origina'l 1y, and was told there had been 8 employee unjts. Duane piperfelt there cou'l d be some latjtude in the setback variancls, but was concernedabout adding more density and would prefer to see parking placed elsewhere.
Braun stated that Mark Donaldson had mentioned the possibility of e'l iminatingthe parking, but if the PEC denied this request and the applicant appealed to
Town council, the jdentical request that was made to the pEC must be made tothe Counci I .
Viele moved and Donovan seconded t
vote was 7-0 to denv t e request.
Applicant: Town of Vail
the request per the s
5.A rgguest for.a cgnditionql_usp permit in order to install landjng mats
on Ene upper Dench ot Forcl park-
Kristan Pritz presented the request and explajned that using the upper bench ofFord Park_for,a parking area using protective mattjng had been successfully
done in .|985-6 and the Town was requesting a conditional use permit to onclagain instal 1 matting on the upper bench jn a larger area to accommodate 250cars during the'l 986-7 season. Bus service would be prov.i de to the parking 1otand a packed pedestrian path would be majntained from the lot to the'coverldbridge so that pedestrians could reach Golden peak. The path would followalong the South Frontage Road. Ford Park is located in the Public Use Distrjctjn which a pub'l ic parking lot is considered to be a condjtional use.
Pritz exp'l ained that the test of the parking mats proved that they do not causeany damage to the existing softbal 1 fie1d, irrigation system or utiljties. The
Town has a1 so agreed to repair any damage that may possibly occur due to theparking. The staff recommendation was for approval .
Edie Hudson, manager of The ldren, asked how far to the west the parking wouldextend, and was shown on an aerial photo. The bus service was discussed, andMike Rose, Vail Transportation supervisor, stated that the same bus route wouldbe followed that existed at present. Peggy 0sterfoss felt this sounded like anappropriate solution and felt it was better than parking on the Frontage Road.she felt that the path should go in a direct line to Goiden peak rathei thanfollow the Frontage Road. Pam Hopkins asked that the park.i ng arrangement be
-2- pec 9/22/86
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}-362 Vail Valley Drive
Vail, Colorado 81657
A.C. 303 476-1370 Bus. (24 Hours)
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Peggy Osterfoss questioned what happened to people who build decks without
approval . Tom Braun replied that essential 1y it was an enforcement issue. The
Town staff does try to keep up on people who build additions illegal'ly. Ifthey do have the GRFA for the addition, they are required to go through thebuilding permit process as well as Design Review Board. They are also double
charged for their building permit fees. If they do not have the GRFA, they are
asked to remove the addition.
Duane Piper stated that the examples cited by
comparison given this request.
A motion was made by Brian Hobbs seconded by
based on the opinion that it would be a grant
the additions. The vote was 6-0 in favor.
Ms. Avarch are not a direct
Diana Donovan to deny the requestof special privilege to approve
7
3.A reouest Recreation Dist ict of the Town of VAilto allow o eve ra e cart
Holqogs,Lew
Kristan Pri tz presented the memo, explaining how the request was compatiblewith the neighborhood, existing zoning, and that food and beverage cart vending'is compatible with a recreational area.
Jay Peterson and Mike straughton asked if this request would only affect the
Go'l den Peak area, as they had received public notices for the Hill Building and
Gold Peak House. They were assured that it was just Golden Peak.
Lewis Meskimen stated that he wanted to do beverages andfruit ices'except for
occasional 1y serving hotdogs and hamburgers. He also stated that the
surrounding neighbors he had talked to had had no objections. Diana Donovan
wondered if we should have a limitation on distance from a restaurant in Golden
Peak.
Duane pointed out that a conditiona] use permit would contro'l competit.ion wjthcart vending. Lew a1 so stated that Vail Associates wou'l d control thatsituation. Kristan pointed out that the conditional use permit regulations can
be quite restrict'ive and specific.
Concern over controlling the nunber of carts on site was expressed by Diana
Donovan and Peggy Osterfoss. Peter Patten stated that crjteria No. 4 of the
conditional use permit regulations would control this. Jim Viele made a motjon
and Brian Hobbs seconded the motion for approval per the staff memo. The
motjon was passed 6-0.
4.A request for side rear and stre iances in order to
construct an addit on to Valleve. A cant:James
This application was withdrawn.
July 28th meeting.
A new application has been submitted for the
TO:
FROM:
DATE:
SUBJECT:
\l
Planning and Environmental Commjssion
Community Deveiopment Department
OESCRIPTION OF VARIANCE REQUESTED
The appll.gl'F' proposal would 'i nvolve demolition of the existingcornice Building and the subsequent construction of a new strucEure onthe site. A number of variances are requ'i red to facilitate the proposed
development. The folIowing is a statistical breakdown of the a] Iowable
and proposed development features wjth this proposal: r
Lot Size: .084 acres or 3,65e sq tt +i[it\F 6r,* tQt K oa'^ \\v-ib)
Al1owable GRFA: 2,195 sq ft
frogo$ey' $RFA: 2,665 sq ft{.v5'air'u5 /ft f
A request for setback, (front, side, and rear), density control
(GRFA and number of units), and parking variances in oider toconstruct a new building on Tract B of vail village First Filing(site of the Cornice Building.
APPLICANT: Dr. lrlalter Huttner and Mr. Robert Nelson
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Allowable no. of un,l:: Z Sam'. 'fu'a*rte'7,n'+,nfrhl$ii^
U"tt"Td no' of units: ,uu,, / qx.,..a,*.Mtar.dt
Required setbacks:
Proposed setbacks:
on front, side and rear
feet oert
and 9 feet)
property 1 i nes20 feet
front, ,9
si des,r,5rear, 5 feet €
Required parking: 1.0 spaces
Proposed parking on site: 4 spaces
5.+Y\ a 4 fu,\re, ov'
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In addition to the proposed construction, the site plan submittedindicates a number of off-site improvements adjacent to this s.ite.Further clari fication should be made at the planning commission meetingto determine the extent of improvements being proposed wi th this
appl i'cati on.
A.number of unique circumstances arise when consjderjng this propertywith respect to the allowable number of units perm'i tted. At the prerent
!jU",..-th9re is one open m.qrkg!. cgndo-nfu-.ium, one real.=statel6ffifi1Hntthree units restricted to long term3mp-ulee"[gusins. The total numberoflLir-i'ts"oh the properrti" is 4. It lhould- bel'oted ihat these four unitsare legal nonconforming units in that they were constructed prior to theexisting zoning regulations. In addjtion, the property is required toprovide 3 long _term employee hci-tising units as stipulifdilT-ii dfi'-?grGE-mentsigned in 1985 as a result of the 1979 PEC approval. i,thjle the denfitycontrol provisions in this zone district (Hjgh Dansity Multi-Fam.i 1y)
a1 1ow only 2 units, the existing unit coupled with the employee hous.i ng
f u...\, .-J-.1 J^J (V ,rr*r) ?
.iI.T.,^*.^*h h*t
II.
agreement results in a legal nonconform'i ng situation of 4 units being
l:Titl:9. Ili: i: I 9f 9ou1se-w
j Lh_ _!!"e _:!tpul ation _t_hat -3_oi the .4un r r_s are reptll-gled_..L0*ernp_Loyeg_ hg_usi ng .
CRITERIA AND FINDINGS
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Uoon review of Cri teri a and Fi ndi s. Section 18.61 .060 of the Muni ci
Code e nt of Communi t Devel ooment r e comnen ds den ia of the
re que s te upon the 0llow actors:
Consideration of Factors:
The rglalionship qf the requested variance to other'ex.i stins orpotential uses and structures inffi
While thjs property is surrounded by a variety of uses, the mostprevalent use in the vicinity is residential . l,l|ith respect to uses, thep+'^n.'cal is generally compatiblq with other uses in the vic.i nity. The
femoval of.thg.existing Eql gptate offlce is cons.i dered a positive
improvement with respffis relationsh.i p to the
surrounding residential character. However, the le_yCl_gf__fuSjopnentproposed.isentire1yinconsistentwjthexistingzoi.iffii.n
the vicjnity of this site. The densjty proposed is equ.ivalent to 59dwelling units per acre. This is dramiticai ly more dense than manylevels of development on adjacent properties, or for that matter throughthe Town of Vail. Staff feels strongly that this level of development
wi ll create significant overcrowding and congestion problems on this. site as welI as in the vicinity of this s'i te.
The d to whi ch rel ief from the strict or l iteral interpretation and
enforcemen OTAS clTled req u al'l0n Is necessarv to acn 1 eve
c ompat and un ormit treatment amonq s ites e vicinitto atta eoo ect ves o s title without qrant oprrv1 rege.
Because of the extremely small size of this lot, a number ofdifficulties arise when developing this property in compliance with
development standards outl ined in the HDMF zone district. This iszone ql sErr cE,, I n't sls-
red 20 foot setbf,ffi on
a.rcel
while the staff feels some consideration for setback variances mav bewarranted because of the loffis true-wTtffii'i deringdensity control variances. As stated above, the property is permitted 4units, wjth 3 of the 4 units restricted to employee housing. A requestfor 5 unjts is totally inconsistent with the provisions outlined in the
d\";h";
the jffi'n\+r
all
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lW\'tt iltr$.p9Srnting an additional unit to this property. The same is true-with
o,.^ lk'lt5 'i:9it9 to the-resuested GRFA.which is over that permitted. To appro
I zgnrnE
ilw+\l iih'flly:ling code, and the staff sees no hardship nor cause to justify
permitted. To approvethis request for additional density on this site would, withou! doubt,t,rlr\*{\t .\, ;:'i Ji]ili'Jt':;.:T:i";;?;lr:;::
t. rlu to^\
o.-^,r^^^.It...|.]l:.!!:|?:'9^Wrecommendscerta.insitesforaddjtional deiSit!-Effi ila stFlngent set of cri teria des'i gned topreserve the ambiance, character and functioning of the village area.
arti cul ar'l v tr
-2' Cornice BldS 9/22/86
oi
The Cornice site was reviewedn and we feel that this is an inappropriateOlha0Qlrksite for additjona'l development due to its extremely smalt size, its tia!l(t1p"4.1*
awkward location on Vail vi11ey Drive (very poor accessiu:rti.i-ririii-trF-aWtUprox'imity of East Meadow Drive and charter bus lot) and with ihe impacts ff'S,
of the future parking structure addition @lfvl'.fir
The effect of the reouested var
opul ati on ran rtati on an
csa
Residentjal densities permitted throughto distri bution of population. As has
proposed for this site is significantly
on l iqht and air di stri buti of
s and
zoning controls relate directly
been stated, the deve'l opment
greater than what is permitted
W
driveway is located only 60 to 70 feet from t of
Cow Chute leadinq onto Va ety considerations
rom these , compounded by the fact that
cars may well be bgckinE-oFo the parl!3 A onto Vail Val 1ey Driveraise the question oTTEITTTf6 s--aET1 i ty to accommodate on-site
necessary for cars to back onto public streets. It would appear thatthis design does not meet this criterja. This obviously puts the
developer in a djffjcult position with respect to satisfying the parking
requirements at a location where on-site parking is not a w.i sesolution. In turn, thjs raises the broader question of attempting to
redevelop a property with additjonal dens.i ty that al ready has exist.i ng
nonconforming uses and structures on .i t.
III. SUCH OTHER FACTORS AND CRITERIA AS THE COMMISSION DEEMS APPLICABLE TO
under existing zoning.unl
EN cts relative to-the potential numberpeople who could e accommodate
This site has had no on-site parking for a number of years. In 1979 anapplication was made to the Planning Commissjon to add l surflFiEiRjlparkihg
space to thjs site. Because of concerns over safety and trafficcjrculatjon, the Pianning Conrmissjon denied this request. The proposed
That the granting of the vari ance wilI not constitute a grant of speciaprivilege inconsistent with the limitations on other properties
classified in the same district.
That the granting of the vari ance will not be detrjmental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
i. "..,.4Yi* ' i.. II '-r f
f3r ttqj'$ c+-l
U
IV.. FINDINGS
Ile,?lannjnq and E o|owjngfindings before granting a variance:
-3- Cornice Bldg 9/22/86
t
\,{1- \hh }- D \ M'y
l-,rl,,trr,[rl o!r"4,q4,f,"11, v
I t[t$,^ Y
r'D
V.STAFF RECOMMENDATIONS
Staff feels strongly that this development proposal has shown noconsideration for existing development guidelines outlined in the zoningcode' The negative impacts resulting from the additional density arenumerous. staff recognizes that this site will be difficult to develoo-within the existing site development guidelines out'l ined in the HDMF
zone district. These difficulties have been increased through thedensjties proposed. The staff would be willing to work wjth the
developer to solve the site development problems related to this parcelif a proposal is made in compliance w'ith the allowable densities fortEs_Irgpertyl However, to consider a development proposal fordensities giEiter than those allowed on th'is site is unacceptable to thestaff. Our recommendation for this appl ication is for denial .
It should be noted that the site does have approximate'ly 600 square feetof GRFA remaining. One option available to the owner would be'toutilize this GRFA and not increase the existing number of units on the
si te.
I .\
\ ad \r^L i,K h-
}T,IDf
u
That the variance'i s warranted for one or more of the fo1 lowing reasons:
The stri ct or literal interpretat'i on and enforcement of thespecified regulation would result in practical djfficulty or
unnecessary physical hardship inconsistent with the objectives ofthis title.
There are exceptions or extraordinary circumstances or conditions
app'l icable to the site of the variance that do not apply general1yto other properties in the same zone.
The strict or literal interprelation and enforcement of thespecified regulation would deprive the applicant of priv.i leges
enjoyed by the owners of other properties.i n the same d.i str.i ct.
t'"41 L\
-4- Cornice Bldg 9/22/86
142263
,",* 4-ll.b.--
,orr.....2-b"'''
JllilE+i:J;tlhil'.
-qfu
AC.RffiT{EITI
*t
Jut z9 l2 stl Pl'ltB[ ftrrs A*mr,r*vr dated the 'LY*v ot ar -,
1e8s, by ard
belween ITIE TfI,lN OF \fAII-,, COIORADO, hereinafter refefred to as "Vail"
ard I,iALTER HIIflNFn, as the crmer of ttre Cornice Building, hereinafter
referred to as ttOv,zner. "
WHEREAS, Vail has requested that cerEain restrictions regardilgtlree (3) enployee units be placed on the Cornice Buildilg, herejl,after
referred to as the Subjest. Property.
NCH, TI{FRFORE, for the sr:rn of Ten Dollars ($10.00) and ot}rer
good and valuable consideration, tie sufficierrcy of dridr is hereby
acknorledged, the parLies hereto agree as follcrws:
1. That portion of the ground level on the subject property
ccnprised of three (3) droelling units, each havi-ng a sleeping area and.
kitchen anil approxirnately 200 square feet (referred to as Drployee
Units) shall be used exclusively as enployee housi-ng urrits. :
2. The three (3) ftployee Units shall rnailtajl a nrinjrrun
square fcotage of 200 square feet per unit, ho,.iever, tlre confign:rationof the units may be altered.
3. lhe three (3) Eployee Units shall not be leased or
rented for ary period of less than thirty (30) consecutive days; ard, if
any such \>loyee Unit shall be rented, it shall be rented only to
ter:,ants who are f1r1l-tine enployees in the Ilpper Eagle Valley. Thre
upper Eagle Valley shall be desred Lo j:rclude the Gore Valley, l"linturn,
Red Cliff, Gilrnan, Eagle-Vail and Avon, and the surrounding areas. Afull-tine anployee is a person who works an average of thirty (30) hours
per week.
4. The reslrictions contained herein sha1l rernain in effectfor a period twenty (20) years frcrn the date of this Agreenent,
a
PROJECT:(ft
DATE SUBMITTED:
COMMENTS NEEDED BY;
BRIEF DESCRIPTION OF
PUBLIC I.IORKS
PARTMENTAL REVIEI,I
DATE OF PUBLIC HEARING
Date
,./
Date V ZJ1a6
4/^d.J+r -" .a s.F7': 6z'c/l "s ? s'rcra"s<
Date
Date
Reviewed by:
Comments:
POLICE DEPARTI,IENT
Reviewed by:
Comments:
RECREATION DEPARII',|ENT
Reviewed by:_
FIRE
Revi
Comments:
INTER-DEPARTMENTAL REVI El^l
PROJECT:
DATE SUBMITTED:
COMMENTS NEEDED BY:I
BRIEF DESCRIPTION OF
r'Lt but
/.,"- -.&t,-a{
Commen
c
@
@
G)6
Reviewed by:
Comments:
POLICE DEPARTMENT
Reviewed by:
Comments:
Date
DATE 0F pUBLrc ur.eame tf z y'
il\
?u1'" i()a/!/ /t € 5''' t' U* tFrc4Tt,u fr z.,t
Detvee,rt Gtto€ (Cr**o 6m'/ 4 *-rrn)
/rrt e 4eroz 7
@e P.voe4616 8.a. u . Fe_ s/ae:,)i1/- /' .,..ru,
Q/< tf trk ^a-t 246€b,
FIRE DEPARTMENT
ts:
Ce,tnr-.
THE PROPOSAL:
ftltt-tr-
-1' /-) -+ 11. /f
Date
PUBLIC WORKS
RECREATION DEPARTMENT
Reviewed by:
Comments:
Date
o
lnwn
75 south tronlage road
vail, colorado 81657
(303) 476-7000
July 15, 1986
ofllce ol communlty developmenl
Victor l'lark DonaldsonP.0. Box 5300
Avon. C0 81620
Dear Mark:
The Department of community Deve'r opment has-completed a preriminary reviewof the cornice Buildins laitea Jriv Io, igeo), iubmiitir-ii the plann.insand Environmentar commisiion. ro ilore'rutrv'rna.riii,iJ ilr" proposar, I amrequesting that east and north erevations_and a ground rever pran besubmitted. prease submit tnese aaaiii"rir-aL*ii;;l; i;i; 21, 1e86.
In reviewing the proposal it is evident that the size of the parcelpresents a number of significant deveropment contraints. -it i, tn"feeling of the staff thit "u"rv-"ii.rpi'shouro be made to comply with theexist'ing development standards o;iiiil; in the HDMF zone d.istrict.consequent'ly' it is the.staff'. op:n:on that a request for units and froorarea greater than what is permitted under existr"s--i"^irs is totaily'inappropriate- I wourd "nior""g"-voi"[o ""-"ua]uate your proposal tocons'i der a structure in compliaice-wittr-the densities outlined for thiszone district.
Please do not hesitate to contact me with any questions you may have.
S i ncerel y,
/\ a)/ \\nr^ b trov,^,
Tom Braun
Seni or Pl anner
cc: Robert Nelson
l,'lal ter Huttner
TB: ca
VIOOR MARK DONALDSON . ARCHITECT
0ox 5300. Avon, Colorodo 81620 .303/949-5200
June 30. 1986
Mr. Thornas A. Braun
Town Pl anner
Town of Vail
75 South Frontage RoadVail, Colorado 81657
RE: PROPOSED REDEVELOPMENT OF THE CORNICE BUILDING
362 Vail Val1ey DriveVail, Colorado 81657
Dear Tom:
Please accept this letter and accompanying information as our applicationfor a variance(s) with regard to the above described real property.
I have prepared drawings for this redevelopment scheme based upon the
program requirements of my c'l jent, Mr. Robert Nelson. We propose that
Units 102, 103 and 104 remain as "employee hous.i ng" units based upon a
pre-exist'i ng requirement. The remainjng four would be sold as separate
condominiums, tde are pr.oposing to provide covered (mostly) parking for
four cars on site with the remainder of required parking to be purchased
from publjc facilities. This proposal includes a total of seven residen-tial unjts as shown with a total gross residential f.loor area of 2,500
square feet.
0bviousiy, this proposal also includes a request for varjances from the
requirements of the high-density multiple-family (HDMF) district to allow
such improvements to take place.
i. With regard to the requirements jn "18.20.050 Lot Area and Site
Dimensions.", we believe that this parcel would be considered apre-existing, non-conformance use, and continue as such.
2. 18,20.060 Setbacks. We hereby request approval of the setbacks
as shown on the drawings.
3. 18.20.090 Density Control. t,le hereby request approval of sevenresjdential units and 2,500 square feet GRFA as shown.
4. 18.20.130 Landscaping and Site Development. In I jeu of the
minimum shapes of landscape areas, we hereby request that the
1,550 square feet of landscaped areas (qZ"/.) le approved.
i
Mr. Thomas A. Braun
June 30, 1986
Page 2
5. 18.20.140 Parking and Loading. We hereby request approval to
provide the-remainder of the par.ktng spaces within publicfaciljties (by other agreement).
Given this opportunity to consider redevelopment of this project with the
program as stated, I have arrived at a solution which I believe hasbetter proportions in mass and appears more responsive to this very dif-ficult site configuration. l,Ie have brought parking onto the site and
propose to extend and embellish the public way adjacent to this develop-ment. The existing comnercial use is being elim'i nated and in general
vle_are_proposing a more carefully articulated building design for this
valuab1e parcel of land.
Please let me know when your staff has reviewed this applicat.ion in
order for me to assist in any inquiries that may arise. Thank you foryour assistance with this application. Feel free to contact myself or
Mr. Robert Nelson at 476-1370 (Vait) or 796-6000 (Denver).
VMD/ I rd
cc: Mr. Robert Nelson
enc.: drawings
I dson,
Date une 30, 1986
o
J
procedure is required f9I gn{ project requesting a variance. The applicationnot be accepted until all information is submitled.
NAME 0F APPLICANT Mi. Robert Nelson
ADDRESS 362 Vail Val1ey Drive, Vail, Co'lorado 81657
O
Appl ication
PEC MEETING
APPLICATION FOR A VARIANCE
OATE
I.Thi s
wil I
A.
476-1370-Vai I
PHONE 796-6000-Denver
B.
ADDRESS P.0. Box 5300, Avon, Co'lorado 81620
PHoNE 949-5200
c.NAME OF Ot,lNER(S) (type or print)Robert N (under contract)
s
ADDRESS 362 Vail Valle Drive, Vail, Colorado 81657
476-1370-Vai I
P H0 N E_-Zg&I000=nen v e r
D.LOCATION
ADDRESS
OF PROPOSAL
362 Vai 'l Val I e Drive, Vail, Colorado 81657
01614
BE PAID B
LEGAL DESCRIPTION LOT BLOCK FILING
E. FEE
InE
YOUR
g't0o
FEE MUS
PROP
FROM_Ro[gr.r {qlqon
COMMUNITY DEVELOPMENT DEPARTMENT WILL ACCEPT
F' A I ist of the names of owners gI_111 qrgpgryy adjacent to the subject propertyINcLUDING PROPERTY BEHIND AND.AcRoss_btnEEr5, inl tn":" mairing iiJ""rses.THE APPLICANT hIILL BE RESP0NSIBLE FOR cOnnEci Niiir-rrve ADDRESSES.
II. A PRE-APPLICAT.IqI..,gqIiE$ry98 !,JII{ A PLANNING STAFF MEMBER IS STRONGLY SUGGESTEDT0 )DETERMINE IF ANI ADDITI0NAL INF0RMATIoN ii niiolo.'-'ru0 nppr-rcnu0N t.trLL BEACCEPTED UNLESS IT-IS^C0MPLFI! (Nusr INcLUDa nff-iiir,t! REQUTRED By rHE zgNrNGfl9!.lNItIR4Iq[).- IT Is rHE APPLicANT's nriFoNlieriiiV'ro MAKE AN AppoTNTMENTl.|ITHTHESTAFFT0FIND0UTAB0UTADDITror.rnr-sualliiininrquiRel.rer.rrs.
PLEASE N0TE THAT^A^-ISIIErE_APPLTCATToN hlrLL sTREAMLTNE THE ApPR0VAL PR0CESS FoRYOUR PR0JECT sv orcR€A-sING THE NUMBER or conoirior'rs-or nppnovAl THAT THE pLANNINc
AND ENVIRONMENTAL COMMISSI0N r'lnV srtnqinTE: -4l-Coniirtons
0F AppRoVAL MUsT BE-c0MPLIEDl"lITHBEF0REABUILDINGpEnt'lti-ii-iSSIiEi.--..::
III. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED:
A. A WRITTEN SI4III,IENT OF THE PRECISE I.IRTURE OF THE VARIANcE REQUESTED AND THEREGULATI0N INVOLVED. THE STATEMENT MUsr ALs0 ADDRESS:
-- .'----
l' The relationship of the requested variance to'other existing or potentialuses and structures in the'vicinity. -- ':
2' The degree to which relief from the strict or literal interpretation and' enforcement of a specified.regulation is-ne-essa"y.to achieve compatibilityand unjformity of treatment afrong sites tn-irre viiinitv-,i"-ii iitltn tnuobjectives of this titre without grant or speiiat p"iv";r"ge. ----
OVER
eVari ance
3. The effect'of the variance on light and air, distribution of population,
transportation, traffic facilities, utilities' and public safety'
B. A topographic and/or improvement survey at a scale of at least l" - 20' stamped
by a Colorado licensed surveyor including locations of a'l 'l existing improve-
ments,, including grades and elevations. Other elements which must be shown
are parking and loading areas,'ingress and egress, landscpped areas andutility and drainage features.
C. A site plan at a scale of at least'l u - 20' showing existing and proposed
bu i 1di ngs.
D. A11 preliminary building elevations and floor plans sufficjent to indicate
the dimensions, general appearance, scale and use of all buildings and spacesexisting and proposed on the site.
g. A preliminary title report to veri fy ownership and easements
F. If the proposal is located'in a multi-family development which has a homeowi,ers'
association, then written approva'l from the association in support of the
projebt must be received by a duly authorized agent for said association.
G. Any additional material necessary for the review of the application as
determined by the zoning administrator..
* For interior modifications, an improvement survey and site plan may be
waived by the zoning administrator.
IV. T'ime Requi rments
The Planning and Environmental Commission meets on the 2nd and 4th Mondays
of each month. A complete appf ication fonn and all accompanying materi al
(as described above) must be submitted a minimum of 4 weeks prior to the date of the
PEC public hearing. No incomplete applications (as determined by the zoning
administrator) wi'll be accepted by the planning staff before or after the desig-
nated submittal date.
VICTOR AAARK DONALDSON . ARCHITECT
t'l?T'l tt!tnn!l''riFi'i:n_:t'?:-i?t!1lfrttr'it.ll'rfi'trli'!lr!
0ox 5300. Avon. Colorodo E{620 ' 303/949-5200
June 30, 1986
Mr. Thomas A. Braun
Town Planner
Town of Vai I
75 South Frontage Road
Vail, Colorado 81657
RE: PROPOSED REDEVELOPMENT OF THE CORNICE BUILDING
362 Vail Valley Drive
Vail, Colorado 81657
Dear Tom:
Please accept th'is letter and accompanying information as our application
for a varjance(s) with regard to the above described real property.
I have prepared drawings for this redevelopment scheme based upon the
program requirements of my client, Mr. Robert Nelson. l,ile propose that
Units 102, i03 and 104 remain as "employee housing" units based upon a
pre-existing requirement. The remaining four would.be sold as separate
bondominiumi, hie are p,rroposing to provide covered (mostly) parking for.
four cars on site wjth the remainder of required parking to be purchased
from public facilities. This proposal includes a total of seven residen-
tial irnits as shown with a total gross residential floor area of 2,500
square feet.
0bviously, thjs proposal also includes a request for variances from the
requirements of the high-density multiple-farnily (llDMF) district to a'l low
such improvements to take p1ace.
1. With regard to the requirements in "18.20.050 Lot Area and Site
Dimensions.", w€ believe that this parcel would be considered a
pre-existing, non-conformance use' and continue as such-
2. 18.20.060 Setbacks. l,le hereby request approval of the setbacks
as shown on the dragings-.
3. 18.20.090 Density Control . t''le hereby request approval of seven
residential units and 2,500 square feet GRFA as shown.
4. 18.20.130 Landscaping and Site Development. In lieu of the
minimum shapes of landscape areas, we hereby request that the
1,550 square feet of landscaped areas (a2%) be approved.
M'eo
Mr. Thomas A. Braun
June 30, 1986
Page 2
5. 18.20.140 Park'i ng and Loading. t,{e hereby request approva'l to
provide the remainder of the parking spaces within public
facilities (by other agreement).
Given this opportunity to consider redevelopment of this project with the
program as stated, I have arrived at a solution whjch I beljeve has
better proportions jn mass and appears more responsive to this very dif-ficult site configuration. l,.|e have brought parking onto the site and
propose to extend and embellish the public way adjacent to this develop-
ment. The existing commercial use is being eljminated and in general
we are proposing a more carefully articulated building design for this
valuable parcel of land.
Please let me know when your staff has reviewed this application in
order for me to assist in any inquiries that may arise. Thank you for
your assistance with this application. Feel free to contact myself or
Mr. Robert Nelson at 476-1370 (Vait) or 796-6000 (Denver).
AIA
VMD/ I rd
cc: Mr. Robert Nelson
enc.: drawings
nal dson,
Appl ication
PEC MEETING
APPLICATION FOR A VARIANCE
o
J une 30, 1986te
TE
Da
DA
I.This procedure is requiredwill not be accepted until
A. NAME OF APPLICANT MT.
fgl gn.I project requesting a variance. The applicationall information is subrnitted.
Robert Nelson
ADDRESS 362 V Val le Drive, Vail Colorado 81657
-1370-Val I
PH0NE 796-6000-Denvel
B.
ADDRESS P.0. Box 5300, Avon, Colorado 81620
PHONE 949-5200
c.(under contract)NAME OF 0I,INER(S) (type or print)Robert Nel
Si qnat
ADDRESS 362 Vail Valle Drive, Vail, Colorado 81657
476-1370-Vai I
P HON E_296-j000=De1 v e r
D.LOCATION
ADDRESS
OF PROPOSAL
362 Vail Valle Drive, Vail, Co'lorado 81657
THE FEE MUST BE PAID BEFORE THE COMMUNITY
YOUR PROPOSAL.
F. A list of the names of owners of all property
INCLUDING PROPERTY BEHIND AND ACROSS STR-TTS-,
THE APPLICANT I,IILL 8E RESPONSIBLE FOR CORRECi
LEGAL DESCRIPTION LOT BLOCK FILING
E. FEE $IOO PAID cK#FR0M Robert Nelson
DEVELOPMENT DEPARTMENT l.lILL ACCEPT
adjacent to the subject property
and their mailing addresses.
MAILING ADDRESSES.
II. A PRE-APPLICAT,IqN CONFERENCE t,lITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTEDT0';DETERMINEIFANY'ADDITI0NAL INF0RMATI0N tS t'teroEo.-N0 AppLrcATI0N t,tILL BEAccEPTED UNLESS IT_Is-C0MPLETE (MUsr INcLUDE ALL iTEMs REQUTRED By rHE zgNrNGlgIINllIR4Iql). IT Is rHE APPLicANIs RESpoNsrBririV-ro MKE AN AppoTNTMENTI'IITH THE S.TAFF T0 FIND OuT ABOUT ADDITIoNAL atBmiiinr nEqifiiier'rnirs.'--'-:"-
PLEASE NOTE THAT A COMPLETE APPLICATION l.|ILL STREAMLINE THE APPROVAL PROCESS FORY0uR PROJECT gv DrcRmSlNG THE NUMBER 0F c0NDITIoNS 0F AppRovAL THAT THE pLANNINc
AND ENVIRONMENTAL^COMMISSION MY STIPULATE. NU. COIIOTTTONS OF APPROVAL MUST BE. COMPLIED WITH BEFORE A BUILDING PERMIT Ts issnED.--.:; -, ;,
III. FOUR (4) C0PIES 0F THE F0LLOHING MUST BE SUBMITTED:
A. A WRITTEN STATEMENT OF THE PRECISE I.IRTUNT OF THE VARIANCE REQUESTED AND THE
REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS:
'l . The relationship of the requested variance to'other existing or potentialuses and structures in the-vicinity.
2, The degree to which relief from the strict or litera'l interpretation andenforcement.of a-specified regulation is necessary to achieie compatibilityand uniforrnity 9f treatment among sites in the viiinity or to attbin theobjectives of this title without grant of special privjlege.
OYER
VICIOR MARK DONALDSON . ARCHITECI-
Box 5C00. Avon, Colorodo 81620 '303/949-5200
June 30, 1986
Mr. Thomas A. Braun
Town Planner
Town of Vari l
75 South Frontage Road
Vail, Colorado 81657
RE: PROPOSED REDEVELOPMENT OF THE CORNICE BUILDING
362 Vail Valley Drive
Vail, Colorado 81657
Dear Tom:
Please accept this letter and accompanying information as our application
for a vari airce(s) with regard to the above described real property'
I have prepared drawings for this redevelopment scheme based upon the
program requirements oi my c1 ient, Mr. Robert Nelson. t,|e propose that
ijniis 102,-103 and 104 remain as "employee housjng'r units-based upon a
pre-existing requirement. The remaining four would.be sold as separate
tondominiumi. l,ie are pnoposing to provide covered (mostly) parking. for.
four cars on site with'thb remiinder of required parking to be purchased
from public facilities. This proposa'l includes a total of seven residen-
tjal irnits as shown with a total gross residential floor area of 2'500
square feet.
0bvious'ly, this proposal also includes a request for variances from the
requirem;nts of ihe'high-density multiple-family (HDMF) district to allow
such inprovements to take place.
1. With regard to the requirements in "18.20.050 Lot Area and Site
Dimensi6ns.", w€ believe that this parcel would be considered a
pre-existing, non-conformance use' and continue as such.
2. 18.20.060 Setbacks. We hereby request approval of the setbacks
as shown on the drawings.
3. 18.20.090 Dens'i ty Control . }'le hereby request approval of seven
residentia'l units and 2,500 square feet GRFA as shown-
4. 18.20.130 Landscaping and Site Development. In I ieu of the
mjnjmum shapes of iandscape areas, we hereby request that the
1,550 square feet of Iandscaped areas (42%) be approved.
Mr. Thomas A. Braun
June 30, 1986
Page 2
5. 18.20.140 Parking and Loading. We hereby request approval to
provide the remainder of the parking spaces within public
facilities (by other agreement).
Given this opportunity to consider redevelopnent of this project with the
program as stated, I have arrived at a solution which I believe has
better proportions in mass and appears more responsive to this very dif-ficult site configuration. t.le have brought parking onto the site and
propose to extend and embellish the public way adjacent to this develop-
ment. The existing commerc'ial use is being e1 iminated and in general
we are proposing a more carefully articulated building design for this
valuable parcel of land.
Please let me know when your staff has reviewed this application in
order for me to assist in any inquiries that may arise. Thank you for
your assistance with this application. Feel free to contact myself or
Mr. Robert Nelson at 476-1370 (Vail) or 796-6000 (Denver).
VMD/l rd
cc: Mr. Robert Nelson
enc.: drawings
Respec
al dson,
I
J
I. Th'is procedure is.required fgl gnl project requesting a variance. The applicationwil'l not be accepted until all inloimaiion is'submitled.
' A. NAME 0F APPLICANT Mi. Robert Nelson
Appl ication Date une 30, 1986
PEC MEETING DATE
APPLICATION FOR A VARIANCE
ADDRESS 362 VaI le Drjve, Vail, Colorado 81657
NAME OF APPLICANT'S REPRESENTATIVE
ADDRESS P.0. Box 5300, Avon, Colorado 81620
476-1370-Vai I
PH0NE 296-6000-Denver
B.
PH0NE 949-5200
c.NAME OF 0WNER(S) (type or print)Robert Nel (under contract)
s
ADDRESS 362 Vail Valle Drive, Vai1, Colorado 81657
476- 1370-Vai I
P H 0 N E196.$000=-Den v e t
D.LOCATION
ADDRESS
OF PROPOSAL
362 Vail Valle Drive, Vail, Co'lorado 81657
F' A list of the names of owners of all property adjacent to the subject propertyINcLUDING PR0PERTY BEHIND AND AcROSs itRErts-, ani their mailing aidresses.THE APPLICANT WILL BE RESPONSIBLE FOR CORRECf r,INrrir,rE'ROONESSES.
II. A PRE-APPLICATION CONFERENCE WITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTEDT0-;DETERMINEIFANY'ADDITI0NAL INFORIIATI0N lt ltreora.-no npplrcnTI0N t,trLL BEA0CEPTED uNLEss IT_IS-COMPLETE (MUsT INcLUDi nff-iier'ls-nEqurRED By rHE zgNiNG
I9I.INMRAI9E). Ir Is rHE APPLicANTs nEipor,rCisriiiv-ro MKE AN ApporNTMENrl.lITH THE S.TAFF TO FIND OUT AEOUT ADDITIONAL SUBMiriNr NrquiiirNrNrS.'--":'"-"
PLEASE NOTE THAT A COMPLETE APPLICATION t^lILL STREAMLINE THE APPROVAL PROCESS FORY0uR PROJECT sv.oEcREASING-THE NUMBER 0F coNDITIons oF-nppnovAl THAT THE pLANNING
AND ENVIRONMENTAL^c0MMISsION MAY silpuLATE. -[U-Coruoirrorus
0F AppRovAL MUsr BECOMPLIED WITH BEFORE A BUILDING PTNNIi_ii-iSSIiED.--':.' J i , i.
LEGAL DESCRIPTION LOT BLOCK FI LI NG
F FEE $l oo PAro cK#FR0M Robert Nelson
THE FEE MUST BE PAID BEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT l,l|ILL ACCEPTYOUR PROPOSAL.
III. F0UR (4) C0prES 0F THE FOLLOWrNG MUST BE SUBMTTTED:
A. A WRITTEN STATEMENT OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THE
REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS:
1. The relationship of the requested variance to'other existing or potentialuses and structures in the'vicinity
2, The degree to whjch relief from the strict or literal interpretation andenforcement.of a-specified regulation is necessary to achieve compatibilitvand uniforrnity of treatment arirong sites in the viiinity or to ii*i;'lh;'-. objectives of this title without grant of speciar privirege.
0vtR
VICTOR MARK DONALDSON . ARCHITECI
:1:ir-?:r"i1E!!*ritr!a.!r1.t!*'i!t*!*
Box 5300. Avon, Colorodo 61620 '303/949-5200
June 30" 1986
Mr. Thonas A. Braun
Town Planner
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
RE: PROPOSED REDEVELOPMENT OF THE CORNICE BUILDING
362 Vai1 Valley Drive
Vail, Colorado 81657
Dear Tom:
Please accept this letter and accompanying information as our application
for a varjahce(s) with regard to the above described rea'l property'
I have prepared drawings for th'is redevelopment scheme based upon the
program requirenrents oi my client, Mr. Robert Nelson. 1n1e propose that
iJnjis i02,'i03 and 104 remain as "employee housing" units based upon a
pre-existing requirement. The remaining four would.be so.ld as separate
tondomjniums. hie are proposing to provide covered (mostly) parking for.
four cars on site with'the remiinder of required parking to be purchased
from public facilities. This proposal includes a total of seven residen-
tial Lnits as shown with a total gross residential floor area of 2'500
square feet.
0bviously, this proposal also includes a request for variances from the
requirements of the'high-density multiple-family (HDMF) district to allow
such 'improvements to take p1ace.
1. l,tith regard to the requirements in "18.20.050 Lot Area and Site
Djmensjons.", w€ believe that this parcel would be considered a
pre-existing, non-conformance user and continue as such.
2- 18.20.060 Setbacks. I'Je hereby request approval of the setbacks
as shown on the drawings.
3. 18.20.090 Density Control . We hereby request approval of seven
residential unjts and 2,500 square feet GRFA as shown.
4. 18.20.130 Landscaping and Site Development. In I ieu of the
minimum shapes of 'l andscape areas' we hereby request that the
1,550 square feet of 'l andscaped areas (42%) be approved.
Mr. Thomas A. Braun
June 30, 1986
Page 2
5. 18.20.140 Parking and Loading. We hereby request approval to
provide the remainder of the parnking spaces within publicfacilities (by other agreement).
Given this opportunity to consider redevelopment of this proiect with the
program as stated, I have arrived at a solution which I believe has
better proportions in mass and appears more responsive to this very dif-ficult site configuration. I'le have brought parking onto the site and
propose to extend and embellish the public way adjacent to this develop-
ment. The existing commercial use is being eliminated and in general
we are proposing a more carefully articulated building design for this
valuable parcel of land.
Please1et me know when your staff has reviewed this application in
order for me to assist in any inquiries that may arise. Thank you for
your assistance with this application. Feel free to contact myself or
Mr. Robert Nelson at 476-1370 (Vait1 or 796-6000 (Denver).
AIA
VMD/ I rd
cc: Mr. Robert Nelson
enc.: drawings
aldson,
Llst-oF owners of 4Jaeent p.ropertlesr
I Gv+':k
V{ Y''
North
South
East
t Town of VeLI, ?5 south Frontage Road I'lestt Vall
(J veIL Tralls Chelet-Bebara J. Fey, preslderrt Con'i.'
7 Assoe. , '+2oo
East Bellrtew Ave' rllttleton Co' tiolzl
,/6hyroLean Restaurant-Pepl Iangelger, 400 rast }leadowvD*!u., Vall, Co. f9-/ 3 38 o
.rOu ett Athletto Club-ElLlot AlPort, Internatlona l(?Bqtn|cy Group, Ltd.' P.O. Box'L128, vall, co. titi -i1i
;(' { ll^*
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Apptication D^r; ?-),^r,--., r,t"f (
PEC MEETING DATE 'I
t This
wi'11
A.
procedure is required for any project request.ing a variance.not be accepted until all informat.ion is submitted.
NAME OF APPLICANT
ADDRESS
APPLICATION FOR A VARIANCE
REPRESENTATi VE
The appl ication
r'227r/8s
B.
ufrrfrL E.
NAME OF
ADDRESS
APPL ICANT' S
.Sa z
C. NAME 0F 0hlNER(S)
Siona re
ADDRESS
THE FEE MUST BE PAID
YOUR PROPOSAL.
PHaNE 4,4t tza
(type or print)2a
P2"'FEzz')Y-
nonl=/Z6 izaj
D. LOCATION OF PROPOSAL
ADDRESS 3 {z-
LEGAL DESCRIPTION LOT BLOCK
FEE $100 PAID ex *-l//r'l F R0Y1 zZ'.2 r yt4Zrz a< PZo Z-*r,y
coMMUNITy DEVELopMENT DEpARTMENT l,tl[L AccEpr ,',sn
II. A PRE-APPLICATION CONFERENCE l,'JITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTEDT0IDETERMINEIFANY'ADDiTI0NAL INFORMATI0N IS NEEDED.-r'to Rppr-lcRtI0N WrLL BEAccEPTED UNLESS IT_IS coMeLETE (MUST TNcLUDE nr-l irEt"tt REQUTRED By rHE zgNrNG
8?I.lNlIIR4igE). IT IS THE APPLicANT's REspoNsrBrLrrV-To MAKE AN AppoTNTMENT|.JITH THE S.TAFF TO FIND OUT ABOUT ADDITIONAL SUBMiriNr NiqUrRErqEIirS.'--":..'-
PLEASE N0iE THAT A cOMPLETE AppLIcATI0N I,JILL sTREAMLTNE THE AppRovAL pRocESs FoR
YOUR PROJEcr ev-orcRffim-THE NUMBER 0F coNDrrroNs 0F AppRovAL THAT THE pLANNING
AND ENVIRONMENTAL COMMISSION MAY STIPULATE. II-I. CONOITIONS OF APPROVAL MUST BE. COMPLIED I^IITH BEFORE A BUILDING PEMIT IS ISSUED.-- , - : I T I
III. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED:
A. A WRITTEN STATEMENT OF THE PRECISE ruRTUNE OF THE VARIANCE REQUESTED AND THE
REGULATION INVOLVED. THE STATEMENT MUST ALSO ADDRESS:
l. The relationship of the requested variance to'other ex1 sting or- potentia'luses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation andenfo..:T:l!.?l a-specified.regulation is.necessary to aihieve compatibi'tityand uniformit-y of treatment among sites in the viiinity or to iiliin ttreobjectives of this tiile without grant of speciar pr.ivirege.
F. A list of the names of owners of all property
INCLUDING PROPERTY BEHIND AND ACROSS STR'EETS-,
THE APPLICANT I^IILL BE RESPONSIBLE FOR CORRECf
adjacent to the subject property
and their mai'l ing addresses.
MAILING ADDRESSES.
)eq
BEFORE
OVER
Vari ance
3. The effect of the variance on light and ajr, distribution of population,
transportation, traffic facilities' utilities, and public safety.
B. A topographic and/or improvement survey at a sca'l e of at least 1" - 20' stamped
by a Col orado l 'i censed surveyori ncl udi ng l ocati ons of al l exi sti ng improve-
ments, inc]uding grades and elevations. 0ther elements which must be shown
are parking and loading areas,'ingress and egress, landscpped areas andutility and drainage features.
C. A site plan at a scale of at least l" = 20' showing existing and proposed
buildings.
D. Al'l preliminary bui'lding elevations and floor plans sufficient to indicate
the dimensions, general appearance' sca'le and use of all buildings and spaces
exist'ing and proposed on the site.
E. A prelim'inary t'itie report to verify.ownership and easements
F. If the proposal is located jn a multi-family development which has a homeowi,erst
association, then written approva'l from the association in support of the
projebt must be received by a du'ly authorized agent for said association.
G. Any add'itional material necessary for the review of the application as
determined by the zoning administrator.,
* For interior modifications, an improvement survey and site plan may be
waived by the zoning admjnistrator.
IV.T'ime Requi rments
The Planning and Env'i ronmenta'l Commission meets
of each month. A comp'l ete application form and
(as described above) must be submitted a minimum
PEC public hearing. No incomplete applications
administrator) will be accepted by the plann'ing
nated submittal date,
on the 2nd and 4th MondaYsall accompanying material
of 4 weeks prior to the date of the
(as determ'ined by the zoning
staff before or after the desig-
o
Town of Vall, Plannlng Departnent
?5 South Frontage Rosd West
Vallr Colorado
To whorn it nay concernr
In regards to the varlance request for the addltlon ard renovetlon of the
Cornlce Bulldlng located al )62 Vatl Vellcy Hvc, ValJ., Colorado 8L65?.
Tha naturc of the request ls that thc set beck regutrcnente be welved. At
the present tlne the exlstl.ng bullding et varlous potnte does not neet the
set beck requlrenents of ?0r frorrt, 15. eLdcs, end 15r roar. But, the addltlonto the east eaet slde of the bulldlng ard thc constnrctlon of two stlnrays on
the west srd north eide ere distanceg close to or Lesa thrn verLous points
of tbe exlstlng set backs. It is unforseeable thet thie weiver of the sct
back requl-rements should bave a4y negatlve effects. Dr,rc to the fect thet the
present butldlng does not rneet these requlrenente at thc prcscnt tfunc. To
datc there have been no problens whlch hevc ar.Lgen fron thts property not
neetlng theee requhenents.
As to the rcletlonshLp of the requestcd varlance to other {f"tfng or the
potentlal uses ard structures ln the vlclrrity thcre should be no effect on
argr of these. There ls nothing dlrectly adJancent to thls proporty shlch thls
eddltlon rould effect. The additlon ard renovation whould clortc & nora
ettrective structure nhlch would enhance thls corner.
Ilrrc to the lrregularlty of the lot thc only posslblc plrce thc eddXtton
rould be the east slde of the bulldtng. Slnce, thls area uoufd acconaodate
the total eddltion nlth the exceptl-on of thc etafusreys.
At thls tlne there 1s appioxlnatcLy Lr585.5 squere feet ard the alloneble GRFA
Ls 66 of the lot area oi zrtgi.4Z squers feet. Accorllng to thesc flgures therels an addltlonal 510 squere feet tbat ls el-lored. Thls addltlonel square feet
would perult the osncr to takc naxlmu rdvent.g€ of the poterttLal use of thelot arrt the renovatton of the a:clsttng enploy€o houslng erd bullding rrcuLd
nake thLs e nor€ deslreble Val1 Vlllcgc prperty to the co@urtlty.
The narlenoe nould have no effect of the llght ard a1r, trensportetlon, traffic.faeilltles, utllitles, ard publlc safety.
Slnecrely,
The Deslgn Co.l Bobble fnouye on beheLf of Jarnes M. Pa}ner anl Dr. Robert Baker
7:ry'-4"
l].flIu lnts
LAND TITLE nf pp€sEf,rr r^,GGUABANTEE r ttLt INSUR^NCE coMPANv
COMPANY oF MINNESo |
^
IHo lrtt ouanANt[E CoMFANY
-^..,,tt,'
.datf, Noclrl oerv! 8lo (lrtlNG slerIl-i,",?,iii'i'ri,\;;iirixt,ir - iArtr'/ooD (olo'^ooEoz15
iir.t, ir' lur r ?r'lrrl
ar11 cf ir'r,noo nolrllvanD lJ6tl !Asr ltltt Av'
6iir"i''i i,liii;1o-e6izi o.rvtn. coro 00212
7)i ottt ttt 'J161 4 !(r ur^O\wOPIH 0Lvo lol tfllrx a':CAOt
rv.JrADO 5PPrN6S. COI'O l{',901
ti, iiiri ioro eortr ol"82l
906 tll5c t2 MA|N AVfNtrE
l^.lt \(| yostqrlE 5urtt J'o DrrLatJco, lol'olA0o al30l
;i NviP coLoeaoo 8o2lt 2tt Saat
llt,o)2o DOr 3jl
610 t,/.h sr vArt. coLoaaoo 6l6tt
6i,Nvi[. Coto ro2or ./6ll5l
62r.137' cr25 t. HAMpOcN AVE-
ofNvtr, colo.00?!ltio !?tR l:: Commrtment No,GV 874'l
FIN i\L AFFID-AV IT AN D AGREEI\,IENT
sTA T ll ol cololt Al)o
City and CountY of Denver
rre: Rf.r propcrry "no ,nru..,*.-"i,. i,ir,.n ", 362 Gore crgek Dri Vg
County.rf Eagl e Sli|tc of Col orado||r tho
Colorado. atrrl m(rrt patticularly doscfibod as follows' to wrt:
See attached Exhibit "A" made a part hereof as if fu1 ly
set forth herein.
whprr^s. r,rnd 'r.irr,,(i'ar.nrro (jornp;rny has issrrcrl its commitment N.. GV 8741 c.,vorinc said pr'rpertvi
C,rt|lra.tot. ()tvncr-Soll''I /\f tidrtvit:
as the (ir'nr'ral Contractor and/()r
August 23
N!trv thcrc[(rre.
CFpAI n N RFNNFR ns rhr Or,rrcr-Scler l'f rhe lleal listr(r arrd inrpy,,r'r'rn.nts
'."..'..Gll';'*'".il|"f''iffi;fr;jrduci||gl,^n{l'|.it|tGuarantl'||c')ml)anytoissucitsAI,TA
l|c'rs.(|ra|tyriBlrtst||cr('t().w|rcrcDonoiiceo[s!tch|i.nsorrightsaDpcari|fIcco'd'dohcr(.bym|kflh.:
(;uarant.'e (lornl):iny, wiah full kDowlt'dge atrd intenl lhat said coml)nny shall rcly theretrn:
.rf improvr.nr( nt.s ('n (he r.al rstatc hercin dcscribrd, hi|lc bcrn qaid in aull'
as i() irny ntntrr ri,ts. .rl)pll ||crs. lixlrrr(.s or frrrrrishings l)lacod up,)n or installed in said premiscs.
3. That.tll ()f thr imt|rovcmetrts c(tnstructed on the rcal cstaLe hereilr dcscribed welc completed on l)r he(()re
. rn 7Q
3 abovr.
.--.-J-.-1-
(4"---
GERALD N.
'l hr.f,rrr'*||rng rnstr unr'.nl
RENNER
$'rs acknor! li'dfcd. sultscrib.'d anrl srvorll to bof r)re nrc ltris
-?3f
d aav I'f Augug!. --- -''''-
re 79 r,v--_-
/ tt. z,
Prrr( hir set's '\ lfrdriil
Thr rrrrl',rsigned. I'urch.rsr.t (sI
(;unri|rt,.(' C,rrnpitnv wilh fult kn,trvlodEe atld in(cnt that said c(tml)anv shall telv thtrcoll:
l'.l.hntlh.|tn|)rov(,mc'rtsonlhfrcille5tlteh.ft,indcscrlbedhat,cbecnfu|lycornp|e1edandhavcbcenacceptcdbyth€undcrs|8ncdAscomr,|ced
and ns !rt isfactrl!v.
2. Thaa th, frrll purchasc pric. h:rs bcl'n paid bv said ptrrchaser(s).to said contrictor and/". n'[li[;",
"tTt U ? ,, 793-'thatrnr(l|r|''nis(sXqtx'X(lvillbe)rlccuprtdbysaidptrrch'str(s)rrrlor boul" ^"tlt !Y,. , ,, ,,
t().ittrrl r'n \,rid l)ropr'rtv rvhir:h hrv('tl,)t b'!'tr t)iri(1.
imprr)vtrrrcn(s 1.,.;rtt'd on s|id t,roptrtY.
6. 1,, lh,. lr(ht ()f thr. t, oF()ing facts, th$ uodr'rsigtled, in c()nsldcralion of thc issuance hy l,ard TiLl('Gutrantec Company of a pollcy olTille
V cC c (-)-n-tth^.,(Ar'-t,*ft-;ztt;--
WALTER A. HUTTNER
'I h,.fr'rr*('in$ il|strttmertt wir|s rcknrtwl.dged. subscrrbed and
g4".rti c^
August
re J9 _r,r as Purchasct(sl.
Wtu!.\s nrv lr.rnrl .ut(l ,rttrcrnl \ral.
Ilv.r!Drmas{rrr r x Drr.r:
as Gcnrr{l C(rntracl,or
I
L
day of
,-'Lr['-''?.
Wrln( ss rnv hrn(l rn(l officti|l scal.
Nly c0D)rrission r xlriros: /
Nolar y Public
//- 7A
sworn to beforc mc this 23rd
(/,ao--JL! -
7 "5/
EXHIBIT A
A part of Tract "B" and a part of Mi'll Creek Road' VAIL VILLAGE'
FIIIST FILlNG, County of Eagle, State of Colorado, more particularly
descrjbed as follows: Commencing at the northeast corner of Vail
Village, tirst Filing; thence North 79o 46'00" West along,the
Southirly line of U.S. l-lighvray No. 6 a distance of 367-06 feet to
the Northrast corner of si'iO Tract "B"; thence South l0o 14'00u
West alon1 the Easterly line of said Tract "B"; a distance of 198.31
feet to tf,e Southeasterly corner of said Tract "8"; thence North
7go 46'0[r" l,lest along the Southerly ]ine of said Tract "B" a dis-
tance of .l70.00 feet; thence South 740 16'00"'ilest and along the
Southerly ljne of said Tract "B" a distance of .|00.00 feet to the
true point of beginningi thence North 09o l0' 07" West a distance
of 41',67 feet; tience South 88o 27' ll" West a distance of 75.21
feet; thence South 27o 13' 37" East a distance of 77.37 feeti
thence North 57o 24'00u East a distance of 55.11 feet' more or
less to the true point of beginning.
a<'r;ttitr',' oI rt'cor<l frtr r-alrr,, llrc cslirle or irrtt'r'cst (tr rnortgage llrt'rt'<lrt covt'rr.d bv lltis (],'rrrrrritrrrcrrt.
llr \1 l-l'\ l .SS \\ | ll':llli()F, 'l ilL. lrtsrrrlrt<'c (irrrrgrauy of trlinnesota has carrsetl its cor';xrratc nlrrrr.ln<lst';rl l,r lx'
lrrr crrrrlo ullil'rI ll1'
vllirlatirrg <rfficlr rrr otlrer autlxrriztrl srgrurtory,
owNi;R's_TITLE I'O!|9Y___* .,.-,? 3 2 0e *
/,',.r, , ',-':: lii l: POI ICY'..-._.. )t.@*
:-"'
ful " '-::=' "4.n!-.=,
.'
Jrn-e lr.rsunnruce f,onnenr'rv or i,jrnrruEsorAxa:
4
lown of Vall. Plannlng Departnent
?5 South Frontage Road WestVail, Colorado
To uhon it nay concernr
In regards to the varlence request for the addttton ard rgnovetlon of thc
Cornlce Bulldlng located et 362 Vatl Vallcy Dr'!.vc, Va1L, Coloredo 8L6J7.
The nature of tbe request ls that the sct back nequlrenents be rnlved. At
the present tlnre the exlstlng bulLding et varLous polnts doea not nect the
set back requlrernents of 20t front, lJ' sldea, anl I5r reer. But, thc eddltlon
to the east east slde of the buil-dtng ard thc oonstnrctlon of tno stlrrnys on
the west ard north side are dlstanccs close to or less than varlous polnts
of the existing set baeks. It ls unforsceebl€ thet tldg nalver of the sct
back requlrements should have an;r negatlve effects. Drc to the fect thet the
pr€6€nt bulldlng does not meet theee requlron€nts at thc prosent tlne. To
date there heve been no problens rhtoh hgve erC.sen fron thls propedy not
neetlng these requlrenents.
As to tha rclatlonshlp of the reques0ed varlanoc to other {t*t* or the
potcnt,lal uses ard etnrctures ln the vlclnity thcre should bc no effect on
aqr of theEe. There ls nothlng dlrectly adJeneent to thle propedy whlch thls
addltlon would effect. Tha addltlon anl renovatlon whould creat€ a nore
ettrectlve structure which would enhance thls corner.
Ilue to the lrregularlty of the Lot thc only posslble plece thc eddltlon
rould be the eest sl.de of the bul1d1ng, Slnoe, thls erea nould accomrodete
the total addltlon wtth the exception of thc stalnrays.
At thls tlme there 1s appro:dmateLy Lr585.5 squana fect ard the el-Lorablo GRtr'Ats M of the lot area ol ?rL95,t+2 squ&tro fee{, Accordtng to these flgrrres therels an additlonal 610 squarire feet that Ls allorcd. Thls eddtttonal square feet
would permlt the omer to take naxlmrn edvantege of thc poterrttal use of the
Lot enl the renovatlon of thc e,ttstlng enploJrsg houelng erd bulldtng would
nake this a nore deslreble Vall Villcge prperty to the comunlty.
The verlance would have no effcct of the ligt0 ard alr, transpor4etlonr trafflc,feclllties, utilttles, ard publlc safoty.
Slncerely,
3he Deslgn Co.r Bobble Inouye on behelf of Jancs M. Pa1nor ard Dn. Robert Baker
- iio lili$ ouAnAHrtl qGITPANY
L. r,,rr"' trlrr t!!'xttt t,Rrv! lre \xtruuq:J,iiliiir.i;iii i;jit; -' - iairwooD, cotor^Dd &t{t
!n1, .ilr I lrF I
stlt (:t.trLr'//OOO BOlllaVARO 1369J t Sl llltr Avtiiiii'i'i i.iicii^no s,rrr otNvte coro 80112
t)t q\t 'r| 'll'3l|. SO V,^OSWOPIH !r,vo !o,l sourH a^sclDt
\v'oFAOO 1tRrN65' Cr)to 0otol
o,iiiri ioro oorlr 6). .s2l
908 81511 t2 MA|N AVtNrrC
:rdr, \() YOSlUtlt sulta Itd rjl,RAtlco (ololaDo 6130l
Dir.vtP. rotolAoo 8o2Jt 2!t iact
//90,r?0 BOX 35tvAl|. COtORADo 8165t
di-l'iii- ioLo oozor uo ll5l
619 r32' 9r2l t. lta&Poft av€.otNvtt, coto, to?! |
7iJ !25
FINAI, AFFTDAVIT AND AGRBEI\{ENT
s1'A't E oF col,olt ADo
City and County of Denver
R E: Rear DroDerty "nu ',,'nr,'""-.-,,,. i,ir,"a ", 352 Gorg Cf egk Df i vg
D TIilIIE
ItE: Commitment N o.
LANDTITLE Ffpnfsr^rr,trc
GUAFANTEE fIILEINSIIEANCECOMPANII
COMPANV oF MtNNEsor A
GV B74I
Counly ot Eagl e Sti'te (|f Col oradoin the
Colorad(t. and mrttri trarticularlv dcscribcd as follows. 1o \r/it:
See attached Exhibjt "A" made a part hereof as if fully
set forth herein.
cv gTal
Nherras. l,and'l'ilk.Crrarantac (:omp|nv has isstrcd ils Commitmcnt No. '" "' ' covtrin* said Dlopcrtvi
Conlra.lor. ('wner-Srllrr r\f aiduvit:
as thc (;cneral Contractor an.l/or
GFRALD N. R ENNEB_ as rhr ownrr-st'ller ,'f rhr' ltonl list.tc nnd inrr)ror,l rnorrs
|l'cn||(|t)nlhi'h{,teitld('scrrhla]p'.'r]i*a.'ly
liens.itri||yriAhtsthr"loto.whctcl|r!noticcolsuchlifn5()rright'saDl,[aroile.or.
(luar{nt, c Oonrttirny. witlr lrrll knowl('dgc and int(rnt that said companv shall rcly ahcret}n:
ot iftDr(rvonr|nt.!{ on the r('al rsttlte herein dcscribrd. bavc brrn paid ln tull.
2. Thnt n.r claitns hrl,c
Norv thcrl'[o.e,
as to ! y mnlelrirls. applrrlct's, fixttlr.'s or frlrnishlogs plor:cd upolr or installcd in said pronriscs'
3. That nll itl lhe imDrov(meIts conslructcd ()n lhe roal cstate herein dcscribed weie complcaed trn or before Auqust 23
rs 79
3 ab"ir.
GERALD N.
'1 h,. f ,rrrg,rirrg Instrut (
rs 79 r'"-
RENNER
nt wJs acknD$ lrd*r{1. subscribed and sw(}rll t(,b.:rorl,nre ttis 23fd aav,'r August
Wrlncss mv h nd r||(l 0fftcral sc.l.
[ty .(,nlnris:'I,'rr ' x!riros: /:/- tt.
Pu!r'h,rser's A ffrd a!it
7'
'I hc und.rlii[n(d.
(;olrnnt.r. Corrtrnrry !r'itlr full kltrrwll'd(o and intcnt that said .ompany shtrll raly thercon:
l. Thnt th. itnDrov(mcnis (}n the real estaae heroin d(,scribrd havc been tutly comptetcd and have been accepted bv the undetslEncd as completed
and as satisfactory.
2. Thatthrfullpurclras0pri(ohasbortrpaidbvsaidptrrrhaser(s)tos rdcdntra'torrnd/'rrO\Xn(ts"ll$r'2? ,O 793. 't ttrt v,!l pr('nrisrs 0(9(Xx(v!rll l,c),rrcuDi.d bv saKl prrr.hasrrr(s) on or dboul ftuqu) L 4J . -
locato(l r,rt sxi(l t)rottrrty whi(lr hn!c n('t brrrr pirid.
5.ThJlrht'tttl(|crs|(nt'(lhavcndt.a||scd
iart)ri)v(rnrrlls l('cdt.d on !irid tltoDrrtv.
6'l''th||.Eht.)flht.f'}Ifr'ingfacts.thl'ul|dFrsigned.lnconsidtrarionoflhcissuanccbyl,an(tTi|'
f()t serrl.fs.
as 6cncral Contractor
L?L.LC\ c-
l,wc;(. ( )n.r17r,^.
bIALTER A.HUTTNER
'l-lrr. f.rr.Eornll rrstrurnrrrl wrs dckn.rwl.rdgcd, subscribed and swotn to bolole me this
r o _/Q_r,r __.[alaLIER_A__IUTTNER-and BAFnARA .1 Fll lT
Wrtnrs\ nrv hi|n.l dtrrl ,)lfrcral sIal
ltl v .,'rrr nl r\\l.rtr . xt)lrr'{l
C*,,,^
BARB
23rd August
RA
Nolary Public
as Purchasrr(s)-
4 zrStO
EXHIBIT A
A part of Tract t'grrand a part of l'lill Creek Road, VAIL VILLAGE'
flRSf ftltltG, County of Eag1e, State of Colorado, more particularly
described as follows: Commencing at the northeast corner of Vail
Village, lirst Filingi thence North 79o 46'00" West a]ong the
Southerly line of U.S. llighr'iay No. 5 a djstance of 367.06 feet to
the Northrast corner of said Tract "8"; thence South l0o'l 4'00"
West along the Easterly line of said Tract "B"i a distance of 198'31
fegt to tl,e Southeasterly corner of said Tract "B"; thence North
79o 46'0(r" tlest along the Southerly line of said Tract "B" a dis-
tance of .l70.00 feet; thence South 74o 16'00"'i^lest and along the
Southerly line of said Tract "B" a distance of'100.00 feet to the
true point of beginning; thence North 09o l0'07u West a distance
of 41.67 feet; thence South 88o 27'11" West a distance of 75.21
feet; thence South 27o 13' 37" East a distance of 77.37 feet;
thence North 57o 24' 00" East a distance of 55..|1 feetr more or
less to the true point of beginning.
acrlttilcs oI r<'slrtl for litltrc tltr, r'stirte rlr itrlercst or nt(,rt,{nge thercorr covcre<l by' tlris (i'trrrrilrrrt'rrl.
l]r\\l.|.\l,,SS\ll|l.:llE()l..,.l.i||r'lrlsrtritttt.tl()tlrrr1lrrrryrlfIlitttresrrta|tascattsct|itsctlt.1xrrttttt|tittttr'lttrt|4.11||ll|lt.
|tt'rr.rtlrltrall.irr'll|r1,itst|rr|yar
vllirluting offit'r'r or olhcr itrrtlxrrizlrl sigrrltory,
owr'i;R's_TlTlE |o!l9l__ _ ..332Oc _
/,'..;,:, "'':': lil :: POI ICY--.__..V,4O-
L i r,i;l'.tR Jrrr-r lr,rsu nnrvce f, orvr rnr.rv
::' '
e+ --&.a?.-:=':="4.9'":,". 3")2.d --.'
oF llirNNEsorA
Torn of Vailr Planning Depertuent
?5 South Frontage Road West
Vell, Colorado
.'
To whon tt nsy concetrrl
fn regards to the var{.ance request for thc addltlon anl rcnovatlon of the
Corntce Buildlng located El 362 VatL Vellcy Dnlvc, ValL, Colorado 81557.
The nature of the request ls that thc set beck reguirenente be nalved. At
the present tlne the extstlng bultdlng Et varlous polnts does not ncet the
set back requirenents of 20' front, I5r sldca, anl 15t rear. But, the addltlon
to the eest east slde of the bulldlng srd the constnrotlon of tro stLrneys on
the west erd north side are distanccs cfoee to or less then varlous potntc
of the exlstlng set backs. It ls unforseeable that thle uEivor of the sct
back requirenents should have any negetlve effecte. Duc to the fact that the
present bulldtng does not neet these requlFqtents at the prcscnt tfunc. To
detc there have been no problens whlch heve erlsen fron thls property not
meettng these requlrenents.
As to the reletlonshlp of the requestcd verlence to other &stfng or the
potentlal usos erd structures ln the vlclrrlty there should be no effect on
enJr of these. there ls nothlng dlrectly adJancent to thle propotty rfileh tlrlo
additlon nould effect. Tbe addltlon erd rcnovetlon whould crerto & nors
attraotive structure rhlch rould €nhenco thls corner.
Drs to the lrregularlty of the lot the only poeslble plaoe the eddltlon
nould be the east slde of the bulldtng. Stnce, thls area would eccomodate
the total addltion nlth the exceptlon of the stainrays.
At thts tlme there ls approxtrnately 11585.5 nquaro feet erd ths alloreblo GRFA
7s 6S of the lot area ot 2r]-:95.l+2 squeno feet. Accordtng to these flgures there
ls an addltlonar 510 squere feet thet ls elloned. Thls eddltlonel squane feet
would pernlt the ormcr to take naximrn edvartage of thc poterttlal use of the
lot arxl the renovetlon of the e:clstlng employee houslng ard butlding would
nake thls & nor6 deslrable VaIl Vlllcgs prpedy to the contnunity.
The varlance would have no effect of the ligtrt ard a1r, transportrtlonr trafflc.
facillttee, util"ltles, ard publlc safety.
Slncerely,
The Deslgn Co., Bobbie Inouye on behaLf of Janes M. Palner atd Dr. Robert Baker
lxo ltrrr ouAtArrltr cotlPANY
J^,,t,root (pf tr trolrx orTtva at, 'il'(ltk; ll'rLl
-rr,\uip r,.rocet.r nnt,ro la'twooD Coton^oo l0ll5
|]u:1,.lrr luf ) ?r'Jl||
ar11 r:nrrtf/.ono nolrttvato ll69J IA5t lrllt avf
iiiiivip t<.,i otelo ejr?r otr{v'r' (oro tntlr
i)).qi,,t 1tt.17b
lr r. 5(l waoswoglll atvo lol. SourH cAlcaot
(utOPAOO SPllNOl COIO et9ot
ril ii',ri ioro. eozu 61118?l
9N6 011. tl MA|N avtNr,f
ldr,r \(! Yostl rIE.sutlt !10 Dtrratlco COlOraDO tllol
6iNuip coLonroo aor:z 2r' 5160
tt9ot?n sot 357
dlo tr,h 5r valt, cotoaADo ll6t,
6i-Nviq. i<)ro somr .t6 2251
o29 r32l 9125 €. HAI/,POEN AVt.ofllvtt, co!o. 80lll,{ lr25
LAi,D TITLE
GUARANTEE
COM PANY
T|TIIE
REr Commilmenl No.GV 874.|
,qfPRf.s€NlrlrG
T I I L' I NSURANCE COUPANY
OF MINNESO'A
FINAL AFFID'{VIT AND A(;REET'IENT
sTA',l B Otr col,(tR Al)o
City and CountY of Denver
RE: Ilent propcity nno ,-u.,,'o-"ir, i"-""*a ", 362 Gofe Cfgek Df iVg
County of Eagl e Strt€ of Col orado
Coktradr), n d m(}r€ parti.ulntlv dcscribcd a3 follows. to wlt:
Cor|l raclor ()wner-Sclk r .\ ffrdrvit:
See attached Exhjbit "A" made a part hereof as if ful 1y
set forth herein.
AV ATII I
whert.Is.l,a'Mt.t.i!||.(it|arnntr'c(:omp|nvhasissucditscommitmcnt
Norv th.rca,,rc,rs ihc Gfneral Contractor and/or
GFRALD N. RENNER _-------------_. as thr owror-s(lle ,f rh.' llcal lisratc alrd imorov|'nrerrts
k|cntl.d||nth|.hcrelnd(.scr|b|4prrrp|||.tv.b|inPfiIsrdtllys.vor||"'i-
liens. o! any richts thcreto. where Do otice ol such licns r)r rights appcnr of record, d(' hcrcby mak( th. tollowirg repteicntations to La:rd Titlc
(;uar.rnt.c Cornt)irny. with lull k[Itwh'dqe a|rd int(n! that said comltany shall relv theteon:
.ll impt!,r'r.nrtlrrts itn thr'rral {'stntt hercin dr"scribed, basc bcen lraid in { ll
"'"'l:'",i'ilLli:i: ,il'i;ll;:;;;:l::1fi;';,:lT:i:T'::,'Ji.H:'i,':::illJ;:l;i:'::""i:,;::' j':::':ffi",ot".r.,,' or t "r,,,e Aueust 23
. - 1o ,-\rt-",?
. rrr 7Q
3 ab.rr'r,
Qr*-.-..-.-n-
GERALD N. RENNER
'l l! for"[0i19 Insltunront s irs ackrr{)r\'lf durd. subs.ribr,d anll srvorrr to b('f rrrt nre rtis
-!!f
d aav of Augug!-
r v *f!._r'v as Grnct,|l C.rtrtraclol
NNER
/, tt.Z?
xs l )wncr'Scll( r.
Wrlnos\ trrv h;rn(l an(l (tftictdl sr.|l.
lll y c.rrnnrissr tl o r !rircsr
Putr h:rt{.r's .1 f f rdn!il
The unrt',rsigncd. Purchasr.r(s) of rhc hcrein describ.d prrlporty. lo induce l,and Titlc Cuirrantec C('mpanv ro lsttre its AI,TA LOAN Policy of Titlc
Guarrntr.(, (i()nlpaov v!rlh lull knorvlP(lso arld intcnt that s.rid companv sh:rll relv thererxrl
I Thrt thf irntrrov(.ments on thp renl cstate hercin d(.scribcd halc been fully comDleaed and havc bren accepted by the undersiBned as completed
aDd as sltisfartorv.
2. Thal th' frrll rrurchasr' |'ric{. has bern paid bv said ptrr.hascr(s} to snid co trtrctot and/or Orlnct'Sdl$r'2? ," 793. 'f hnl snr(l t'n't')'{ s 0(IXXX(wrll ho),)cctrl)r.'d bv sdirl ptrrchar(r(s} r)rr orubt'ul Atlqu5 L 4J "
t.r|.xtrrl rnr s,r(l trr,tt).'rtv rch( lr hrve n.r( br. tr ||ii(l.
5. l'hll ttrc
impr()!( rllcnts hi..lt('d orl said proptrtv.
li. lrr th,, lil1ht {rt lh(. t.\'{r)ing lacts. thr urr.tr,rsignd- in corrsldcraaion ol ahc issuanae by Lard Tilh Guat.ntec Company oa a policy ol Tiilt
\tq (.- ( J,-ett;^.
I^,ALTER A. HUTTNER
'I h. forrgorn* urslytrrnrnt $tas ackrrowk'dged, subscrrbed and sworn to bcfott
I
L
re Jq-b\
-l^lALf
ER A. HUTTNER--and-BARBARA--,'L-HIJI
t!rtrr. !'!i rrrv hirrtl nrrd ('fftcrrl \i'al.
l\l v .''l]tll)i\\r''n r' x r) lrr's :
day of
Nolar y Puhlic
August
//. '7 q
me lhis
as Putchas('r(s)
''4Y 77s/ o
EXHTBTT. 4
A part of Tract uB" and a part of l'li'l'l Creek Road, VAIL VILLAGE,
flhsr riltltG, County of Eagle, State of Colorado, more particularly
described as foliows: Commencing at the northeast corner of Vai'l
Vi1lage, Iirst FiIing; thence North 79o 46' 00" l,lest along-the
Southir"Iy line of U.S. l-lighvray No. 6 a distance of 367.05 feet to
the Nort'h,ast corner of said Tract "8"; thence South l0o 14'00"
West a'long the Easterly line of said Tract "B"; a distance of l98.3l
feet to tl,e Southeast-er1y corner of said Tract "B"; thence North
79o 46'0(r" uJest along the Southerly line of said Tract "8" a dis-
tance of 170.00 feet; thence South 74o 16'00"lr'lest and a'long the
Souther.ly line of said Tract "B" a distance of 100.00 feet to the
true point of beginning; thence North 090 l0r 07u West a distance
of 41'.67 feet; tlence South 88o 27' ll" West a distance of 75.21
feet; thence South 27o 13' 37" East a distance of 77.37 feeti
thence North 57o 24' 00u East a distance of 55.11 feet, more or
less to the true point of beginning.
&. t "-,-:. =- -.. r' 1,. 4,=,,,..
it<'tlttit't's oI rt'cortl for tirhrc tlrr'<'stirte or irrtercst or nr()rlgage llrt'rrrrrr covcrcd ]rv this (irrrrrnilrrrerrl.
llr \l l'l-\ l'.SS \\ I l lillE()1",'l'itL' lrtsrrrlnt'c ()orrrpauy of tlirrnesota hls causetl its crrrlxrratr: rrarrrr.iurrl sr.ll l'r lrr.
Ircr r.rrnlo aII ircrI ll1'
tirlirhrting officlr or othcr arrllrorizcrl sigrurtory,
owr'iiR's_TITIE .r'o!!9I__ _ ...'3620c *
/.'...r, , 1',' : j I it :: POI lcY )t.4a_
l.,i r,i;'liii-it
6oo.-
Jrrr-e |r,rsu nar.rce [or,a nanrv or I j r nr'r EsorA
I
-1
','',I ,(- E&^"*ooo(
?osn of Ve1l, Plennlng Depertuent
?5 South trtontage Road tlest
Vallr CoLorado
To whon 1t ney eoncernr
fn regarrls to the va.rianca rcquest for the addltlon erd renovetlon of the
Cornlce BulLdtng loeated et J62 Vall Vellcy Hvc, Ve1l, Colorado 8L55?,
the naturc of the request ls thet thc set back requlrcncrttc be ralved. At
the prcsent tlne the exlstlng bulldtng at verlous polrtta does not meet the
set back regulrements of 20' front, I5f sl.dcsr errl 15t rcar. But, thc eddltlon
to ths east east slde of the bulldlng ard thc constrmotlon of two st!.roays on
the rrcst enl north sldc sre dlstanccs close to or I€ss then varlous polnts
of tbe orlstlng set backs. ft ls unforeceable that thte walver of the set
back requlrenonts should have arqr negattve effects. Duc to the fect that the
present bulldlng does not neet these requlrencntg at thc present tlnc. To
date therc have been no problens whloh heve erlsen fron thls property not
neeting these requlrenonts.
As to the relatlonshlp of the requested vertence to othsr {**t* or tbs
potentlal uses ard structures ln the rrlclrrity thcrc should be no affcct on
arly of these. There ls nothing dtnectly edJencent to thls property rhlch this
addttlon would effect. The addttlon ard renovatlon rtould create 4 noro
ettractlve structure whLch woul.d enhance thls corner.
Dle to the trregulartty of the Lot the only porelbLe pLacc thc addltlon
rrould be the east sl.de of the bulldlng. Since, thls area would aacomrodate
the total addttion wlth the exceptlon of thc stalnrays.
At thts tlme there ts approadnately 11585.5 squarc fect erd the allowable GRX'A
ts 6S of the lot Erea or 2rL9J,42 oquane feet, Accordlng to these fl3rres there
ls an additlonal 610 squar€ fect that ls ellon€d. Thls eddltionel square feet
rould pernlt the orncr to takc naxluun rdvautage of the potentlal use of the
lot arvl the renovatlon of the o<lsttng cnployee houslng ard bu1ldlng would
nake thts e noro deslrable Vell VlLlcgc prper{'y to tho connunlty.
The vartance trould have no effect of thc llgt* ard elr, transportcttonr trafflc
faetlltl"es, utiLltles, ard publlc safcty.
The Design Co.r Bobble Inouye on beheLf of Ja:ncs M. Pa}ner ard Dr. Robert Baker
LAND TITLE
GUARANTEE
COM PANY
RfPRESENI INA
T II Lt INSORANCE COUP^NY
OF MINNESOI A
.LqHD llltr OUARANIC! COl'lPAtrY
f tnrvu; tit't- lt)titi ir{'ia !/!' tjli;i.15 1;;lil .-.
I,ir'r,ir.'rri.on".'ur tArlwooo,(otofaooto2l5,...-.tl
trljr (rlrtrOOO iOUlrvAlD llA?J tASl lrlrt Avf
biiivir't,.rr.o*.oo acirt otNvlc colo 002ll
.)t Dl\l '5l rlu
l r so u/^DSwOpIlt BLvD 3Ol SOUIII C.:CAO[i,,;" -;r CorOlAoO SPRINOS, CAIO lofol
d,iil i ioro m2?r 6]. .B2l
948 0t5c t2l I A,rAlN AV(r.ltJCjdr, c/' rOttMtIE 5utlt 310 4',tlAllGO, (OIOIAOO tll0l
dlrJ\,rp coloRAoo 8olJ, 2rl 1360
/tgol?o BOX 15/
650 ttrh Sl VAII COIORAOO tl65t
DrNv r, COIO !0202 .t62trl
617.152) 9125 t.
'taMPOaN
AVt
otNvtt, coto.802ll,i0 lrliRE: Commitmena No.GV 874.|
FINAL AFFID"AVTT AND A(IREEI\TENT
s] ^'Ili oI" coLr)lt Alx)
City and CountY of Denver
REi li(nr pr.'pcrty "nn ,-u,.""-"i,. i,i"t"a ', 362 Gore Crgek Dr j Ve
Corrnt y of Eagl e Sti']e of Col oradoi|1 the
Colrlrado. and rnorc particul|tlv describcd as follows. lo wit:
See attached Exhib'i t "A" made a part hereof as if fully
set forth herein.
AV R7A]
Wherrari. l,a'd f ill'. (;uarlDt.c (:ompanv has issued ils Commitment N". -:j_::-j-
covcrrnf said prr)pe rtv:
C.rntrdctor, | )sDl'r-Sellr.r,\ f frdirl,it:
'l hr f,,r,'
ro_flr,y
N".rw t harc 1()re.as thc Gencral Contractor and,/or
rs lhr t_)w|rcr'Sr.llrr of th(' llritl listate n|r.] iml)t(r1r'm{'trts
|.*^'*'.*tI'.,|l..'.-iiHfi;li;;iil:b.ffirr1l.s..ofirrd.rcilr*t,^nd,l.i.k.Gunrirnl|ccl)mD![yt('isrl'litsAl,TA
te[s. or aiy
(;uaren!.c Cornt)any. wrth full krowk'dgc arrd in!ent thaa said comPnnv shall rclv thereon:
(lf imttrr,\'( nrorrts on lhe r.irl .stntl' hercin dtscribtd. bave bctn Itaid in tttll
as ti) nnv mattri:rls. at)l)li:rtrc.s. frxtur('s or ftrrrri$hings plilcr'd uDon or irstrllcd in said prcmlsc$
3. That .rll of the imDrovrments constructed on th{'rr'al ustate hareh dcscribed were complelcd on o. be{ore
ts 79
3 abovc.
GTRALD N. RENNER
!()irrg t s(r'ulnrnt wns acknoN l('(hcd. subsr'rib{d and slv(,rll io lrt'fort nrc rtis 23Fd a"v,'r August
August 23
as Gcnrr l C(rrrlraclot
Wrlncl's mv ha'r(l t lll t'fficial s( al.
Ivl y conrnrirsrorr r.xpir($i /
Notary Public
as ()rvn{:r-Scllct.
y'- t z,
P!r( hrscr's .\ ffrd,r!il
Thollnrll.rslqno(l'|'l|i.ha5'lr(s)ofthchercindcrcribcdpr.|perty.toinducet,andTitl0Gui|rantee
Guar.Irto(' C()nrt)itnv rvilh tull k itwlod*aatrdintenlth:ltsltidcr)mpanvsh llrelythereotli
I I'hl|t th. ltnDr(,v(mc.ots on tlr. real cstate her(,in d*scribrd havc been fully comDteted and havc bt'en accepted by the nndersiBncd as complel€d
arlrl ns ! tistartoiv.
2. That thr, flllt purchasc prico has be.n paid bv said prrrahrser(s) to said contractor and/or O\XneFsrltr.
3. 'l hal s.rid prrnliscs o(rxXX(will l)e) ltcc(rpitrd bv said ptrr(hlstr(s) rrn or b('ut lt''i.il'li'z:
4''|.h;ltlhl'un(tfrstgt||(lar.|r.|ti|\vaf{..'fa||vbil|sJ.lrscrvices.lal)(,r()rma!(Iia|susodinconncttil)ntvi.hthcconstrct|onof
l(\.at{,il on srid l)roprrtv rvhilh h.r!c tlrtt brrlr p id.
5. l'hnl llx
imptovr'rnrnts l,'cntr'.1 r)o said !)top(rtv,
{i'|nthi.||(htl'fthc'(l|.F'lir|gfacts'th(t|||(lrsiBDed.
.rs 79 .
thc imProvolnents
WALTER A. HUTTNER
l'lrt f,,r, *orng rrslrunr.:nt was irr)krlowl( dged, subscrlbed
r $ ,29_b!
\!rtr.\\ '||v hin.l .rl(l olfrcr;rl s, al.
I\l v .,,fi rm ir\r'rrr r xprrrs:
23rd
and sworn t(J before me this
-
daY oI
C*.t.^
L?L.LEr c-
Augus t
L W"tC L- ( )n'ett;.^.
as Purchascr(s).
<i=.'-rJ (/tno-= lnL.//- 79
?"s/ o o
EXHIBIT A
('rlttir('s (lI r('cor(l for litltrr'llrr' cst:rtt ()r inl(.rost or nx)rtg ge llrr.rnotr covfrc(l hv lltis (irrrrrrrittrrt.rrl.
lll \1 l'l'\ l.SS \t I l l',llUOt", 'l it h' Ittstrr:rtcc ()orrrpurry of Ititrtresota has causetl ils corlxtnrt(: rllr||('iur(| sclll.) l)r
|tt'tt'tttt]tra|'|i,rr'rlllyitsrlrr|yarrt|r<lr.izr'r|tl||itt'rstrnt|tct|irtes|xllvrr
valitlatinE o[[i<r,r or otlrer nrrtlurrizlrl sigruttoryr
olilNi;R'.S_TfTrE..ro!lcy _-...3320C_
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A part of Tract t'grrand a part of l'lill Creek Road, VAIL VILLAGE'
FIitST FILING, County of Eagle, State of Colorado, more particularly
described as follows: Corrnencing at the northeast corner of Vail
Village, lirst Filing; thence North 79o 46' 00" West along-the
Southerly line of U.S. l-lighr'ray No. 6 a distance of 367.05 feet to
the Northrast corner of s;id Tract "B"i thence South l0o 14'00u
llest alon1 the Easteriy line of said Tract "B"; a djstance of .|98.31
feet to tt'e Southeasterly corner of said Tract "B"; thence North
79o 46'0(r" l,lest along the Southerly line of said Tract "B" a dis-
tance of 170.00 feet; thence South 74o 16'00"'llest and a'l ong the
Southerly line of said Tract "B" a distance of 100.00 feet to the
true poiirt of beginning; thenc9 North 09o l0' 07u l'lest a distance
of 41.67 feet; thence South 8Bo 27' 'll" West a distance ot 75.21
feeti thence South 27o 13' 37" East a distance of 77.37 feet;
thence North 57o 24' 00u East a distance of 55.11 feet' more or
less to the true point of beginning.
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail wi'|l ho'ld a public hearing in accordance with Section 18.66.060 of
the municipal code of the Town of Vajl on July 14, 1.986 at 3:00 PM in the
council chambers in the VaiI municipal bui'l ding.
Consideration of:
1. A request for a Gross Residentja'l Floor Area variance jn order to enclose
ten balconies in ten different units at the Treetops Condomjniums located
on Lot 6, block l, Vail Lionshead First Fi'l ing.
Applicant: Treetops Condom'in'ium Association
2. A request to amend the Ski Base/Recreation District of the Town of VaiI to
allow outdoor food and beverage cart vending associated with perm'itted and
conditional uses.
Applicant: Hi Ho Hot Dogs
3. A request for side, rear and stream setback variances in order to
construct an additjon to the Cornice Building located at 362 Vai'l Valley
\ Drive.
Applicant: James A. Palmer
4. A request to amend the Town of Vai'l zoning code to repeal and reenact
Section .|8.13,080 A, Density Control , to provide that the secondary unit
in the Primary/Secondary zone district shall not contain more than 40%
of the tota'l square footage.
Applicant: Town of Vail
The applications and information about the proposals are availab] e in the
zoning adminis+-rator's office during regular office hours for public
i nspecti on .
TO}JN OF VAIL
COMMUNITY DEVELOPMENT DEPART]VIENT
THOMAS A. BRAUN
Zoning Administrator
Published in the Vai'l Trail on June 27, 1986.
/']- A -/-/ e /z ', /re
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75 soulh trontage road
vail. colorado 81657
(303) 476-7000
January 7, 1986
Mike Palmer
Mike Pa'lmer Real Estate
362 VaiI ValIey Drive
Vail, Colorado 8.l 657
Re: Cornice Building
Dear Mi ke:
I am writing to you to .inquire as to your plans for the cornice Bujlding.
It has been some time sjnce the Planning Commission reviewed this
proposal . At that time, you requested a tabling of your application to
itudy other alternatives. If you still plan to propose some type of
development on the site, I wouid encourage you to contact me to discuss
the nature of these improvements. If you have abandoned any plans for
additional development on the site, we would request you to formal 1y
withdraw your application in a letter addressed to the P'l anning
Comm iss ion.
It would be helpful to know what your plans are for this property- At
this point, we would like to see some action taken with this application,
whetheri t be a nrodified proposal or to have it withdrawn. Please contact
me at your earliest convenience to discuss this matter.
Si ncere ly,
^\"3hs'\*
Thomas A. Braun
Town Planner
TAB: bpr
excepti onng excepllon. and a var
an add'i ti on
PEC 10/28/85t -2-o
3.st for side and rear setbac vari ances densi contro ri ance
waEercourse er to cons
Mike Palmer
Tom Braun gave the staff presentation regarding the requested variances,
the.background of the project, impacts of the request, and stt recommendationof denial . Mike Palmer presented the a'pplicant's request and further describedthe proposal . :
Affeldt felt this definiibely a- grant of special privilege unless the applicant
could show otherwise. Donovan felt that parking issue was critical and severlyrestricted any further development. Schultz agreed with Affeldt. Hopkins fe'lt
the build'ing needed remodeling and a personality change. Vie'le felt the parking
was critical , although he also fe'l t respect for the owner with respect to theright to develop his property.
There was general discussion regarding the employee housing restrictions on theproperty, with additional concerns from Hopkins and Affeldt were ra'ised aboutthe stream encroachment request.
The applicant requested to table the request to 11/25. Affeldt moved and Donovan
seconded to table until lll25 and the vote was 5-0 in favbi of tabling.
f,
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4. A lgqygst for g setback varignce in order to add !n east entry to the Concert
Rick Pylman gave the staff presentation outlining the proposal with a staff
recommendaijon for approval. He explained the locatioir oi the stairway andstated that the staff felt the use was compatible with existing uses iir thevicinity and was not a grant of special privilege.
Mark Donaldson gave the presentation for the applicant. Affeldt questioned howthis was not a grant of special privilege. Rick.,cormented that it wasn't becauseof locations of existing buildings. Patten gave sone history of the developmentof Lionshead. Quayle agreed to improve conditions of the wa1 kway adjacent to
Rat 'n Wi I 1i e's.Affeldt moved and Sid seconded to approve the re est with conditions
That Quayle aqree to the wa acent
trees an hts be relocat area near r srle.vote was 5-avor,staff to write a etter neros requesting that t roof
be improved atop Charlie's T-shirt shop.
The
and
was
meeting of L2/23 wi'll be cancelled. Peter
encouraged the commissioners to attend. A
cond ucted .
explained the Keystone conference
short discussion of GRFA ordinance
l.
(Planning and Environmental Commission
Community Development Commission
October 28, 1985
Request for side and rear setback variancesr a densitycontrol variancer a parking variance r and a variance tothe required setback fron i major streamcourse i.n orderto construct two additional units with a total of 6A9square feet of GRFA to the Cornice Building, Applicants:Jim Palmer and Dr. Robert Baker.
DESCR]PTION OP VARIANCE REQUESTED
The five variances requesEed are necessary in order tocons_truct the proposed addition to the Cofnice Building.The.following i-s a statistical breakdown of existing develoi-nent on this site:
Lot Size:.Q84 ac/3 r659 stAllowable GRFA: 2,I95 sfAllowable # units: 2
Existing GRFA: I,677 sfExisting # Units.:4Existing Comrnercial: 195 sfProposed GRFA: 2 t 29.6 sfProposed # Units: E
Required parking: 7 spaces -
Existing parking on site: 0 spacesRequired parking under this proposal: lO spacesParking provided with this pioposal: O spaces
As this table- demonstratesl the existing development on thissite is over its allowable number of uniis and vlry deficientin required on-site parking spacea. The proposed additionrequires variances for the -aaa:.tional two units, a variarrc"for 91 square feet of GRFA over the allowable, and a variancefrom lhe 3 additionar parking spaces that wourd u" ""qui..dfor th.i s proposa f . in addi tion to these variance-s, anexception would have to be granted to the required 5g 'fooi
setback from the centerline of Gore Creekl aJ well as sideand rear yard setback variances.
The remaining portions of this memo will address each of thevariances requested with respect to the factors to beconsidered in evaruating these reguests. r.olrowl"g-lhi"analysis, staff recomniendations;iIt be given for eachspecific request as well as for the project proposal as awho.Le.
o
TO:
FROM:
DATE:
SUBJECT3
I.
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II. CRTTERIA AND FINDINGS
Upon rgyiew of Criteria and Findingsr Section 18.62 of theMunrclpa-[ Code, the Department of Communitv Deve ].oomentrecommenos den1al o e requested varlances seo on
IOJ.IOV'Inq
Consideration of Factors
The relationship of the requested variance to other existing
or poEenE,].aJ- uses and structures in the vicini tv-
A. Density Control
fhe*iOOi€fona1 9-l sguare feet of GRFA requested withthis proposal would not have a significant impact onuses or etructures in the vicinity in and of itself.
However, the additional units proposed would have anegative impact. Most significant of these impacte
wouLd be the required on-site parking that is not anelement of this proposal. In addition, 6 units on thisextremely small parcel would generaJ. ly overcrowd thesI.te.
B.Se tba cks
The proposed addition would extend to some 3 to 5 feetfrom the propertyrs southerly boundary. fhe proximityof this structure would have a negative impact on the
existing walkway that is located adjacent Co theapplicantrs property. While the existing structure isnon-conforminq with respect to existinq setback require-ments' this pioposal wolul.d increase tliat degree of non-conformance. This increased encroachment would havenegative impacts on existing and future uses in this
area.
C. Stream Setback
Because of existing development on this site and in thevicinityr thi,s encroachment into the required 5o footsetback of Gore Creek is not seen as having significantnegative impacts.
Parking
As was mentioned previously in lhis memor additionaL
development on this eite would have negative impacts on
this area with respect to parking. While this proposaldid not address the additional parking that would berequired from this additionr it has been assumed that
t.he applicant would request some type of variance from
this requirement. One can further assume that parking
demand generated by this addition would be accommodated
D.
by parking on adjacent properties or inVail parking structure. neither of theseare acceptable to the staff as a solution
the Town oftwo optionsfor meetingthis parking .requit€ment:
The degree to "which-"?d"tlef "-from"'the Strict "or Literal
n EerDre on an enr orcemen eo re on ].snecessaro ac eve comDarea tmen amon
o
es ln ev
e$,ou
tvo
Ec
ran
oa a n
cta rt.v e e.
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{it}.r -ttr-e ex€eption -of ' the 'btr-eEni-boui:.ib-se'fback requirement Iit is felt that each of these requests would be J grant ofepecial privilege if they were to be approved. The aiplicanthas failed to dernonstrate to the staff what justificationthere would be to grant these requests. Because existingdevelopment on this site and on adjacent sites encroach intothe required setback from Gore crEek in a number of cds€srit is felt that this request woufd not be a grant of specialprivilege. Consequentli, with the exception of the variancefor the reguired setback from a streamcourse, each of theserequests wouLd be a grant of special privilege if they wereapproved. Ihis is particularly true with respect to therequest for additinal units considering that absoLutely noparking is provided on site.
The effect on Iight and airr distEibution of populationr
utili t.e
A. Density Control
The additional two units proposed vrith this appticationwould increase the density on a site that i-s- alreadyover developed. The most direct impact with respect tothis increase would be on the distribution of populationand transportation and traffic facilities. ft is thefeeling of the staff that to provide accommodations forany additionaL number of people is inappropriate.Effects on transportation and traffic faciliies -will beaddressed under the parking variance request.
B. Setbacks
The most signficant effect on the above factors wouldbe- on public facilitiesl specifically the walkwayadjacent to this pr.operty. Discussion his taken pfac6concerning the future development of a pedesirianconnection be t$reen this area an d Ford p-a rk . Theproximity of this proposal would have a negative impacton both the existing walkway and any future developmentof this walkway.
a
C c.Stream Setback
There will be no
mentioned factors
se tba ck.
significant
with respect
irnpacts on the aboveto the required stream
D.Parkinq
---.-,Tbg inability of ,this .site to provide on-site parkingwould have a direct effect on transportation andtraffic facilities. Approving this request wouldindirectly encourage additional parking in the VaiLTransportation Center, on adjacent propertiesr or alongVail Valley Drive. fllegal on-street parking wouldcreate problems for buses, snov, plowsr and generalcirculation in an area that is already a poor situation.Staff feels that it is the responsibilfty and obliga-tion of this site to be capable of accommodating iLsrequired parking dernand. This issue has not beenadeguately addressed through this application.
{
RELATED POLICIES TN VATLIS COMMUNITY ACTION PLAN
There are no goals outlined in the Action plan that would beapplicable to this request.
Such other factors and criteria as the commission deems a licableto the proposed reques
III. FINDINGS
That the granting of the variance will not constitute agrant of special privilege inconsistent with the linitations
on other properties claseified in the same district.
That the granting of the variance will not be detrimental tothe public health, safetyr or hrelfare, or materially injuriousto properties or improvements in the vicinity.
That the varianee is warranted for one or more of thefollowing rea sons:
The strict or literal interpretation and enforcement ofthe specified regulation would result in practicaldifficulty or unnecessary physical hardship inconsistentt
The Planning and Environmental Comnission shaII make the.following findinq
with the objectives of this title.
trhere are exceptions or extraordinary circumstances orconditions applicable to the site of the variance thatdo not apply generally to other-properties in the sane--zone.
The strict or literal interpretation and enforcement ofthe specified regulation would deprive the applicant ofprivileges enjoyed by the owners of other properties inthe same district.
ITI. STAFF' RECOMMENDATION
the following are staff recommendations for variancesreques ted:
A. Density Control
This request is for 2 units and 9l square feet of GRFAover r.that is allowed under existing zoning. The staffcan find no justification for supporting this requesc.Physical hardship has not been eJtablished, and -it isrert that it rrould be a grant of special privirege tograq! this request. The site is simply nol capable ofhandling any additional density.
B. Setbacks
To grant these setbacks would have a negative impact onan existing walkway adjacent to this property and ingeneral overcrowding on the site. Staff recommendationfor the reguested setback variances is denial.
Streamcourse Setback
As has been mentionedl there ls a great deal of existing
development located within the 5g foot setback fromGore Creek. The encroachment from this proposal isminimal. Staff can support this element of the request.
Park ing
The applicant has not established any basis with whichto recommend approval for a parking variance. Thezoning code requires that development in the HDMF zonedistrict provide on-site parking (75/* of which must beenclosed). Because of site constraints, there i.sinsuffi.cient parking for existing development on thesite. Staff cannot support a request for additional
development which would increase this discrepancy andfeels strongly that it is irresponsible site planning
to ignore the parking requirements for development onthis site.
fn considering this request, it is obvioue that this site is
unable to accommodate the -additibnal development proposed. Staffstrongly recommends that the Planning Commission deny this request.
c.
D.
{
I
Law OFF|CES
CoscRtrr, DuNN & AepLaNaup
A PAFINERSHIP OF FROFESSIONAL CORFORAIIONS
P O- Box 34o
Var L, CoLoRAoO I t658
(303) 476-7552
PETER COSGFIIFF
JOHN W, OUNN
ARTHU FT A. ABPLANALE JR.
TIMOTHY H. BERRY
ALLEN C. CHRISTENSEN
CoscRlFF, DUNN 6 BERRY
P. O. BOX ll
LEADVI LLE. COLORADO 8046I
1303t 466- rAA5
8 August L985
t{r. A. Peter Patton, Jr.
Zoning Administrator
Town of Vail
75 South Frontage Road WestVaiI, Colorado 81657
RE: Cornice Buildinq
Dear Peter:
As you will recall, we have on several occasions
reviewed the manner in which the Cornice Building might be
renovated to provide a more attractive structure in the Townof Vail-, consistent with the Townrs desire that the struc-ture continue to provide employee housing and with the goal
of the owner to take maximum advantage of the potential ofthe lot on which the Cornice Building is located. As far
back as L982, I believe we agreed that the GRFA formula
would permit an additional 610 sguare feet on this property,
if other land use concerns, such as set-back limitations,
were satisfied. In May of 1983, I directed to you a letterrequesting confirmation of our understandings and, while Ibelieve we discussed and confirmed these figures, I have nowritten evidence of our agreement. The impediment of the
employee housing limitation having been removed, the purposeof this letter is to reiterate the contents of my letter ofl,Iay, 1983, in an effort to confirm our understanding of the
Town of Vail!s position then and now.
l4y notes indicate that we determined that thetract upon which the Cornice Building is located includes3,659 square feet. Under the Town of Vait zoning regu-lations, the allowable GRE.A is 508 of the lot area in the
zone district in questj-ont or 2rL95.42 square feet. Mynotes also indicate that t're determined that there presentlyexistta total of 1,585.5 feet in gross residential floorarea in the Cornice Building, including 676 square feet onthe ground level and 909.5 square feet on the second level.
Based upon these calculations, my notes indicate our agree-
ment that, as far as the gross residential floor area rdas
concerned, the Cornice Building is permitted 510 additional
Note from Town of Vail:
These numbers are not based
accurate information on thefootage anci are an estimate
square footage would requir:e
A.P r Pat
confirm in writing the position of the To\,rrn.
Mr. Peter PattonI August 1985
Page Two
square feet under the GRFA formula applicable to this lot.Naturarry' the property has other difficulties with refer-ence to where the additional square footage may be con-structed, but I am dealing at this time onty witfr tnequestion of arlowable GRFA. Those other diificulties, suchas set-back limitations, would naturally need to be remediedprior to any construction which would olherwise violatethose restricti_ons.
These calculations, you may recall, do not takeinto consideration the credit lvaitabl-e for storage space,nor is the floor space having a ceiring of less tfran six andone-half feet, which includes the Loft and basement of thisstructure, included in the calculations charged against thebuildingts alrocati-ons. Add.itionally, the circuritions ofexisting floor space are naturally bised on our measure-ments, and, in the event our measurements of the floor spaceare incorrect, it would be necessary to adjust the GRFAfigure which we have used according-ly.
If the calculations discussed above are, in fact,correct' r would appreciate the courtesy of your signatureto the enclosed copy of this letter in order- that w6 rnight
our
on having
LANALP
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Appl ication
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iill)i- lCAil0N f 0ll A VARIANCI,
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L I.CCATION OF
ADDRESS 362 Vail Valley Drive, Vail, Colorado 81657
L IGAL DTSCR I P I i O;\i LO i B t.OC K
t.F[[ $t o0 PAj o
IIIE FTI NUST 8I PAID
fOUR IROPOSAL.
FILIIiG
./ ,^/y61ll ^,L/' cK '# /<Z ( FRol'l J. Mike Palmer
0tf'0Rl- Illt CCi'ii'luNtTY Ui:ViL0PMENI DtPARll'lIlli tilri- r,CCtpT
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A I ist of the no,n*r^9.f .:Ir':1: 9l gli property adjacenL t,o the subjecr pr.opertyiIiCLUDING Pn0PERTY BtlliND AN0 ACR0SS htnlets-, anl tneir mailinq art,tressui. - '
il15 APPLIcANf 1^liLL BE RtspONSIBi I r;OR c0RR[cT MAii_tNG ADDRESSLi.
:*tll.!l9A,r_]QN c[]NItRr-N(:t HITH A Pl-ANNit{G sTAFi: t'tr"1BEil rs sTRoricl-y sur-]ci..si[0eTtR[liNf lF ANY AD0tTI{iNAL Illr{]Rl4Ait0tf'l:i rlrr,i-rEr.l.
-uo-nppirlgrtot
hrlr-L BI!TE0 UNL[;SS IT l5 COl'lPLtIi iI4UST INCLUtt ALL iTEI'IS REQUIRED 6y THr. Z0r{ rri6I.i.::]R4iOI]. IT IS THi APPLiCAIIT'5 iiTSPONSiBILITY TO ilNXr RII APPOINTNIIIl'lliE STiiFF'i0 i:.Ii10 0ur AE0UT ADDiTI0NAL suBr'irTTAL RE0r.rItiil'rEhi:r.
j[ NOiE TijAT A Ii0ilfl.iJi rippr.rc/rTI0N r,ltLL sTRr-r\r,1lINE T]rE AppRiJVAL {rncc[ss FCRPR0Jrcr IY DicliE/iSi.r'" liii- i'i'Li],iiiEii or ior'rolrrciii;0F Appncvrli- IiiAt tltE f,Li\ttfjir{c:l{VIR0l'i11[NiAi* C0t'1NIS5iOi,i i"lA)'SitPUl_/\Tt. ALL f.OiiDITi0NS 0i: AirpR0VAL MUST 0aIED l{ITIi B[i:{]ll[,i EiJlt-0lt'ic , iltf.1ti Is istm.D.
(4 ) C()Pl tS Ci: iiii: Ftr.t 0|iil'tc I4UST Bt SLrBi.it I t-tD:
\ I.JRITTEN STA.iI.IlINi OiJ THi PRICISE NATIJRt- Oi: IIIi: VARIAI'Ici RIQUTSiID AIItl TIiI
IIEGULATI0N INV0LViir. Tilt STAI$,ltNT tlUST ALS0 AijDRESS:
l. The relationslri! cf rhc requested varjance Lo other exisljrig or potential
uses and:::ructi.rr-es.i ri ihe vicinity,
l. The degree to which relief from the strict or Iiteral interpreta'Lion andenforcetrent of a-specified reguletion is.necessary to achieie conrpatibilityand unil'orrlity of treatnrent among sites in the viiinity or to attain theobjectirles of this title without grant of special privi lege.
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VICTOR A4ARK DONALDSON . ARCHITECT
Box 5300. Avon, Colorodo 81620 .303/949-5200
August 25, 1986
Mr. Thomas A. Braun
Totvn Pl anner
Town of Vai I
75 South Frontage RoadVail, Colorado 81657
RE: PROPOSED REDEVELOPMENT OF THE CORNICE BUILDING
362 Vajl Va11ey DriveVail, Colorado 81657
Dear Tom:
Please accept this letter and accompanying information as our applicationfor a var:iance(s) with regard to thb above described real properry.
I have prepared drawings for thjs redevelopment scheme based upon theprogram-requirements of my.client, Mr. J. Mike palmer. We are proposingto provide covered (mostly) parking for four cars on sjte with the re- -
mainder of required parking to be purchased from public facilities. Thisproposal includes a total of five residential units as shown with a totalgross residential floor area of 2,665 square feet.
Obviously"this proposal also includes a request for variances from the
requirements of the high-density multiple-family (HDMF) district to allow
such improvements to take place.
1. tllith regard to the requirements in "18.20.050 Lot Area andSite Dimensions.", we beiieve that this parcel would be considereda pre-existing, non-conformance use, and continue as such.
2. 18.20.060 Setbacks. |rle hereby request approval of the setbacks
as shown on the drawings.
3. 18.20.090 Density Control . We hereby request approval of fiveresidential units and 2,665 square feet of GRFA as shown.
4. 18.20.130 Landscaping and Site Deveiopment. In lieu of the
minimum shapes of landscape areas, we hereby request that the
1,550 square feet of landscaped areas (42%) be approved.
5. 18.20.I40 Parking and Loading. |.,1e hereby request approval toprovide the remainder of the parking spaces w.i thin public
fac i I i ti es (by other agreement ) . -
a ffm'
Mr. Thomas A. Braun
August 25, 1980
Page 2
Given this opportun'ity to consider redevelopment of this project withthe program as stated, I have amived at a solution which I be'lieve has
!g!!q" proportions in mass and appears more responsjve to this verydifficult site configuratr'on. llb'have brought iarking onto the siie and
propose to extend and embel'lish the public way adjacent to th.is deve'lop-ment. The existing commercial use is being e1 iminated and in general
hte are proposing a more careful'ly articulated building design for this
valuable parcel of 'land.
Please let me know when your staff has reviewed this app'l'ication in
order for me to assist in any inquiries that may arise. 'Thank you foryour assistance with this applt'cation. Feel frie to contact myself orMr. J. Mike Palmer at 476-1370.
Respectful ly submitted,
VMD/ l rdcc: Mr. J. Mike Palmer
enc.: drawings
- 4-''.
PRESENT
Diana Donovan
Bri an Hobbs
Pam Hopkins
Peggy Osterfoss
Duane Piper
Sid Schultz
ABSENTl-iiTiete
The meeting was called to order by
l. Approval of minutes of July
Duane Piper's name had been omitted
correction, Diana Donovan moved and
minutes. Vote was 5 in favor, with
PLANNING AND ENVIRONMENTAL
July 28, 1986
COMMISSION
STAFF PRESENT
Peter Patten
Tom Braun
Kri stan Pritz
Betsy Rosolack
the chairman, Duane Piper.
14, 1986.
from the list of those oresent. hlith this
Bryan Hobbs seconded to approve the
one Hookins abstaininq.
2.Are es!setback front and rear ens I A and
on Tract Va
App'l icant: Dr. llalter Huttner and Mr. Robert Nelson
\--_
Tom Braun explained the request. He stated that the present building wou'ld be
demoljshed and a new building with 7 unjts constructed. At the present time
there exists one open market condominium and 3 units restrjcted to long term
employee housing. The property is required to prov'ide 3long term employee
units as stipulated in an agreement signed in 1985 as a result of the 1979 PEC
approval . t,lhiIe the density control provisions in this zone distri ct (High
Density Multi-Fami1y) al 1ow only 2 un'i ts, the existing unit coupled with the
employee housing agreement results in a 1ega1 nonconformjng sjtuatjon of 4
units being permitted if 3 units are employee housing.
The level of development proposed is entirely inconsistent wjth existing zoning'l imitations in the vicinity of this site. The density proposed is equivalentto 83 dwelljng units per acre, more dense than any in Vai1. The staff felt
that this level of development would create significant overcrowding and
congestion problems on the site and in the vicin'i ty of the s'i te. l.'lhile thestaff felt some consideration for setback vani ances may be warranted because of
the lot size, the opposite is true when considering density control variances.
The staff fe1 t that this would be a grant of special privilege.
Braun then added that in studying the area for the Vail Village Master Plan,
the staff felt that this was an inappropriate site for additjonal development
due to its extremely smalI size, jts awkward Iocation on Vai'l Va1 iey Drive and
impacts of the future parking structure addition. It is felt that 7 units onthis site would present negative impacts relative to the potential number of
people who could be accommodated jn this location. The site has had no on-site
parking for a number of years- In 1979 an appiication was made to the Planning
Commission to add I surface parking space to this site. Because of concerns
ts to constr
e First Filin
over safety and traffic cjrculatjon, the planning commission denied thisrequest. Braun stated that the staff felt that this deve'l opment proposal has
shown no consideration for existing development guidelines outlined in thezoning code.
Mark-Dona] dson, architect for the project, stated that he agreed with thestaff's evaluation, but that economics required 7 units beciuse of the 3 whichwould remain employee units. He added that the applicant had removed the realestate office and placed parking on site and that the units were modest, andthe circulation was kept to a minimum. He asked for feedback on what the Townwanted on the site.
Pam Hopkins fe] t that the added density was the issue and the park.i ng andaccess were a problem. she asked if the applicant could pay into thi parking
fund and was told that the code does not allow for this. 'Hipkins statid thalthere was a real problem on that road in the w.inter months.
sid schultz agreed that the added density was a major concern. He did not see
how the board could look at any density over 4 that did not a] low for 3
employee units. Diana Donovan felt that the added density was a real pnoblem.For-thjs zone, only 2 units would be allowed--the extra units were a1 lowed onlyif 3 were to remain employee units. She reminded Donaldson that thjs board wainot allowed to considen economic issues. Donovan felt that the added heightmight create more shade, that traffic was a poor situation and should not befurther impacted.
Donaldson asked if on-sjte parking was considered a positive feature, and
Donovan answered that she had trouble with parking in general, that ihe did notlike to-see the problem answered with, "park in pirking struciure.,, She didnot feel parking for tZ autos shou'l d be in the structuie, but also djd not feelthere should be any more impacts on traffjc at this corner.
Duane Piper stated that he could see some compromise with providing someparking on site and some in the structure. He felt that the site flan wasgood, but that sometimes the numbers simply don't work.
Donaldson answered that obviously they were asking for too much. RobertNelson, one of the applicants, asked what was on ihe surface of the road atpresent and was told it contained an experimental product that wou'l d de-ice the
road .
bbs moved Hopki n seconded to den request as roposed because to
ran e requ SE WOU e vote was 6-0 inavoroT oenta
-?-
i.L/
PUBLIC NOTICE
N0TICE IS HEREBY GIVEN that the Planning and Environmental
Commission of the Town of Vai1 will hold a public hearing in
accordance with Section 18.66.060 of the municipal code of the Town
of Vail on September 22, 1986 at 3:00 PM in the Town Counc'i 1
chambers in the Vail Municipal Building.
Consideration of:
l. Request for front and stream setback variances in order to
construct an addition on Lot 16, Bighorn Fourth Addition.
Applicant: l{illiam D. Benkelman
2. Request for a conditjonal use permjt jn order to install
'l anding mats on the upper bench of Ford Park.
Appl i cant: Town of Vai I
3. A request for setback, parking and density control variances
to construct a new building at 362 Vail Va1 1ey Drive (Cornice
Building).
Applicant: l'lalter A. Huttner
4. Request to apply Greenbelt and Natural Open Space zoning to
an unzoned parcel of land located on the North Frontage Road
and bounded on two sides by Breakaway West Condominiums,
Section 12, Township 5 South, Range 81 West, State Highway
Parcel 24.
Appl i cant: Town of Vaj l
A1 so, a work session on the Vail Village Master Plan at l:00 PM. THE
PUBLIC IS ENCOURAGED TO ATTEND AND COMMENT.
The app'l ications and information about the proposals are available
in the zoning administrator's office durjng regular office hours
for publ ic i nspecti on.
TOWN OF VAIL
COMMUNITY DEVELOPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administrator
Published in the Vail Trail on September 5, 'l 986
"' / ... /,r c/ / ,/ /"
?o*n of VelI
VelI, Colorsdo
^l
Septenrbcr 26, L986
Ocntlcnenr
EX{\|IR0N}!E!EAIFPI"AN}III{G of tbe Town of VetL Trrrrcd dorsn e rcqucst
f,or r ver{,rlrcc for thc cnlergmcnt crd tnpnovencttb of thc Cornlco
Butlding et thc lart ncctlng. Ws nsuld llltc to gubmi.t e sLu1.118"
proposrl rt thle tLnc to thc Xsryn of Vell Council for thclr rcvJ.cv
rrd approveJ.' APPEAIJffi ths dcelslon of thc M.ronnantrl-Plrnnlng
Connlgcion.
Stncsrclyt
Projecl Application
Proiect Name:';rrr:ice lr,:lLdlnf, RenorJcl :; Additl.on
:iepternber 9, 1985
Contact person and ,non" i i.obet ta itsobble The Dcelsn Co, or Filke Palner
Owner, Address and Phone: ':rrjer eont-ract t Jancs l'1. Fal"ner ard ir. Robett Beker, 476-13?O
Architect, Address and phone: : ' ,ans bjrr The ncsr gn Ca, . Rnilrh.t a lr?f.-] 3?r1
Legal Description: Lol Block p;;;no ',raiI ti llLeg,rr ilrst FlliZone _- llng, A pert of Traet "en end e part of
Comm€nts:
Design Review Board
Dale
Molion by:
Ssconded by:
APPROVAL DISAPPROVAL
Summary:
Date:
Town Planner E Statt Approval
I. TYPE OF CONSTRUCTION I II III IV V
2. OCCUPANCY.GROUP AB E H I R M
OfVfSfON t?2234
GENERA[ DESCRIPTION OF WORK :
zo
TYPE qROUP G.F,F.A. VALUATION.jft*ll!)2--zep,9f*
DESC. I FlLtNGr_ /: -
EUILOING PERMIT
JO8 NAME:
OWNER PLUMBINGN€W( ) ALTERATTON( } AOOITIONAL I I RTPINI )
-
ACCOMMOOATION UNITS
-ARCHITECT
G EN ERAL
CONTRACTOR TOWN OF VAIL REG. NO.TOTAL PERMIT FEES
ELEC.TRICAL
CONTRACTOR TOWN OF VAIL REG. NO.
PLUMBING
CONTRACTOR TOWN OF VAIL REG. NO.
MECHANI
CONTRACTO TOWN OF VAIL FEG. NO.
oIHER IFIRM
TOWN OF VAIL REG. NO.
cor.lrRAcToRl rELE.
^6) .
6*ffi#\ilorK Shee.t
department of community development
PLEASE FILL OUT WHERE THE "X'' MARKS ARE!!
TO 8E FILLEO OUT COMPLETELY PRIOR TO ISSUANCE OF PERMIT
TYPE OF PERMIT
g
|:J-
Ean
BUILDING
ELECTRICAL
MECHANICAL
PLUMBING
FOUNDATION
o
^t.
OATE
NING AOMINISTRAIOR OAIE
ONING & BUILOING NOTES:
I
{
A
I hereby acknowledge that I have read this application, filled out in full the iniormation required,completed an accurate plot pian. and state that att the information provided as required is correct. Iagree lo comply with the information and plot pian, to comply with ail Town ordinances and statelaws, and to build this structure ac^cording to tlETown's zoning and subdivision codes, design
PERMIT FEES
IGNATUFE OF OIVNER OR CONTFAC;OR FOF HIMSELF
ANO THE OWN€FI.
review approved, Uniform Building Code and
o APPLICATiON DATE:
OATE OF DRB MEETING:
DRB APPLICATION
*****THJS APPLICATION hlILL NOT BE ACCEPTED UNTIL ALL INFORMATION iS SUBMITTED*****
I. PRE-APPLICATION MEETING:
A pre-application meeting with a planning staff member is strongly suggested to
determine if any additional information is needed. No appfication will be accepted
unless it is complete (must include all items required by the zoning administrator).It is the appiicant's responsibiljty to make an appointment with the staff to find
out about additional submjttal requ'i rements. Please note that a COMPLETE applica-
tion will streamline the approval process for your project by decreasing the number
of condit'i ons of approval that the DRB may stipulate. ALL conditjons of approval must
be resolved before a building permit is issued-
A. PR0JECT DESCRIPTI0N: Addltlon of 2 studlo unlts of epprordnatcLyr 609 sq. ft of
1tvlng spaee, 52 sS.. ft. of storEge,l_36 sq. ft. of dcck, and 2 staLrnays.
B.LOCAT]ON OF PROPOSAL:
Address 352 Va1I Valley Dn. VEll Co. 8L65?
Legal Description Lot Block
Zoning Resdentlal-8urdts, cordlttonel use perult offlce.
C. NAME 0F APPLICANT: Janes M. PaLner
Filing Vail Vlllege Ftrst
F113.1n9, a part of
Ttect '8" erd e pal{
of MiLL Crtek Road
Addres s 352 vslI Vatley Drc.ve, yal1, Co. 8165?telephone 476-L37O
D. NAME OF APPLICANT'S RIPRESENTATIVE:Roberta (Bobble) Inouye, fhe Dcslgn Co.
Address ,62 VaSl Valtey Dr., VsLI, Co. 8L65?telephone 4?6-L370
E. NAME OF OWNE Urder Contrectr Jancs PaLner Dr BdcerardRobert
S i gnature
Address Vell Valley Dll.vc, VEll, Co. 8155?tel ephone tn6-I370
F.DRB FEE: The fee will
VALUATION
be paid at the time a build'i ng permit is requested.
FEE
1.
-
$ 0-$ 10,000 $i0.00
$1o,oo1 -$ 5o,ooo $25.00
$ so,oo1 - $ 15o,ooo $:t0:0u-
$150,001 -$ 500,000 $100.00
$500,001 - $1,000,000 $200.00$ Over $1,000,000 $300.00
]MPORTANT NOTICE REGARDIN6 ALL SUBMISSIONS TO THE DRB:
In addition to meeting submittal requirements, the applicant must stake the site
to indicate property lines and bu'i lding corners. Trees that will be removed
should also be marked. This work must be completed before the DRB visits the
si te.
The review process for NEl.l BUILDINGS will normal 1y invo'l ve two separate meetings
of the Design Review Board, so plan on at least two meetings for their approval .
3. People who fail to appear before the Design Review Board at their scheduled
meeting and who have not asked for a postponement will be required to be
republ i shed.
4.
t.
The following
They, however,
items no longer have to'
have to be presented to
be presented to the Design Review Board.
the Zoning Admjnistrator for approval:
a. llljndows, skylights and sjmilar exterior changes that do not alter the
existing plane of the building; and
b. Building additions that are not viewed f1ory 9ny other lot or pubfic space,
which hive had letters subm'itted from adioining property owners approving
the addition; and/or approval from the agent for, or manager of a condominium
associ ati on.
5. You may be required to conduct Natural Hazard Studjes on your property. You should
check with a Town Planner before proceeding.
o
BE SUBMITTEDMATERIAL
NEl^l CONSTRUCTION
A- Topograph'i c map and s'i te plan of
1. Licensed surveyor's starnp.
TO
site containing the fo11ow'ing (2 copjes):
2. Contour jntervals of not more than 2' unless the parcel consjsts of 6
more, in whi ch case, 5' contour jnterva'l s wi1l be accepted.
3. Ex'isting trees or groups of trees having trunks with diameters of 4"
one foot above grade.
acres or
or more
4. Rock outcroppings and other significant natural features (1arge boulders,
'i ntermi ttent streams, etc. ) .
A
7-
Avalanche areas, 100 year f1 ood plain and s'l opes 40% or more, if applicable.
Ties to existing benchmark, either USGS landmark or sewer invert.
Locations of the fo)'lowing:
a. Proposed surface dra'inage on and off site showing size and type of
cul verts, swal es, etc.
b. Exact locations of all utilities to include existing sources and proposed
serv'i ce lines from sources to the structure. Utilities to include:
cable TV
Te1 ephone
sewer gas
wa ter el ectri c
c. Property ljnes showjng distances and
d. Proposed driveways w'i th percent slope
e. All easements
bearings and a basis of bearing
and spot elevations
8. txi stj ng and fi ni shed grades.
9. All existing and proposed improvements jncluding structures, landscaped areas,
service areas, storage areas, wa1ks, driveways, off-street parking' loading
areas, retaining wa11s (with spot elevations), and other site improvements.
10. Elevatjons of top of roof ri dges (with existin9 grade shown underneath) to
determine height of building.
B. A statement from each ut'i lity verifying location of service and availability. To
be submjtted with site plan.
C- Preliminary title report to accompany a1 I submjttals, to insure property ownership
and all easements on property.
D. Landscape Plan (1" = 20' or larger) - 2 copies
1. Show the location of 4" diameter oi'larqer:trees,.other'shnu6s,and-riatiVe plants tha
are on the sjte and the'l ocation and deiign of pioposed landscape areaErlith
the varieties and approximate sizes of plant materia'l s to be planted. T'
2. Complete landscape materjals list.
3. Designate trees to be saved and those to be 'l ost.
NOTE: As much of the above information as poss'ible should occur on the site plan, so that- the inter-relation of the various components js clear. The landscape p1 an should be
separate. The existing topographic and vegetational characteristics may be a separate
mab. The appljcant muit sta[e Lne s'ite to-'show lot lines and bui'lding corners. Trees
th;t wjll b!'lost during construction must be tagged. The work should be completed
before the DRB site visit.
'Archjtectural Plans (l/8' =lo. 1aiger) 2 copies
i. Must include floor plans and a'i I elev,ations as.they.wi11 appear on completion.
E'levations must show both existing and finished grades-
Z- Exterior surfacing naterials and colors shall be specified and submjtted for
review on the matErials list avajlable from the Departnent of Conrnunity Deve]op-
ment. Color chjps, siding samples etc., should be-presented at the Design Review
Board meeting.
The Zoning Administrator and/or DRB may require the submissjon of additional .p1 ans'
drawings, specifications, samples and other material (including a model) if deemed
n"i"rii"V tb determine whethei a project wiil comply w'ith desjgn guidelines.
MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS
photos or sketches that clearly indicate what is proposed and the location (site p1 an)
oi proposal may be submjtted in lieu of the more formal requirements g!ven above, as
ioni ir they piovide al'l important specifications for the proposed including colors and
materials to be used.
ADDITIONS - RESIDENTIAL OR COMMERCIAL
A. 0r'iginal floor p'l ans with all specifications shown
B. Floor p1 an for addition - 2 copies
c. site plan showing existing and proposed constructjon - 2 copies topos
D. Elevations of add'i t'ion
E. Photos of exist'i ng structure
F. Specifications for all materials and color samples on materials list available at
Department of Community Development
At the request of the Design Revjew Administrator you may also be required to subm'i t:
G. Statement from each utility verifying location of service and availability. See
attached utiiity location verification form.
H. Site improvement survey, stamped by regjstered professional surveyor.
I. Preliminary title report, verifying ownersh'ip of property and lists of easements.
i/. FINAL SITE PLAN
After a building perm'i t has been issued, and when the project is underuay., the fo1 1ow'ing
*ltt Ue requirei before any building receives a framjng inspection from the Building
Department: A certjfjed improvement survey showing:
A. Building locations with ties to property corners, i,e. djstances and an91 es.
B. Build'ing dimensions to nearest tenth of foot.
C. Al1 utility service lines as-bui'l ts showing size of lines, type of material used,
and exact locations. 2 coPies
D. Drainage as-builts. 2 coPies
E. Basis of bearing to tie to section corner.
F. A] 1 property pins are to be either found or set and stated on map.
G. All easements
H. Building floor e'l evations and roof ridge e1 evations'
arsT 0F MATERIALS
NlviF nF pR6JECT: Cornlce Bulldlng RenodcL ard Additlon
'
i-'Eb'nL"br!CRi PT I ou
DESCRIPTION OF P
ELILlngr e
liiiir"iioiii i i i 3a. 4iiw*;, -":*:a per{ of
Crcck Roadft. of storagc,
gtrrdl'o unitcl
'i nformation 'is required for submittal by the applicant to the Desiqn Review
ttBtt.8ld
The following
Board before
A. BUILDING
a final approval can be fiven:
},IATERIALS: TYPE OF MATERIAL COLOR
Roof
5i di ng
Other l,lal I Materi al s
Fasc ia
Soffi ts
}rli ndows
l.li ndow Trim
Doors
Door Trim
Hand or Deck Rails
Fl ues
F.lashi ngs ..
Chimneys
Trash Enclosures
Greenhou ses
0ther
PLANT MTERIALS:
PROPOSED TREES
Ccdrr Shrkcs rlM leclng over 15# felt.
lx8 cbrnncL lop ccder vcrtleel tJrpc, eoLor to natch oclstlr€.
StuCCa s'h{ iC On 'r'cin lOvel
Brlck nou] dlng, brorn
grterlor opcdngg, roaf Junatrlros. s ecd to
tbo lteethcr rlIL bc urtcrpoofcd rrith nctrl ard/or Bituthouc
Mctalbegt,ouc flu nlth noof Jaak to netch eoclsting
To !c loeatcd udcr nw etgfnny, €ad
B.LANDSCAPING: Name of Designer:
phone:
!4e1uc rlblg6't
EXISTiNG TREES TO
BE REMOVED
Nonc
Botanical Name.-.'''-Plcca Far(var) albccttene
Common Name Quani tY Si ze*
Drnrf
4lbglts_Spnlcc
(Florcrrtne)
Dofso-CrrlL
for conifers.
(over)
-3 3l
2 ?..
2i6 ts6 pl.nc to netch
Drter.:lon 3rx6r8l
BrLak nold, eolor to nrtch
2x5 S4S raLl rrtth 4x4
*lndicate caliper for deciducious trees' Indicate height
:
PLANT I'IATERIALS:
(con't)
SHRUBS
EXISTING SHRUBS
TO BE REMOVED
*5
Corrnrs rlbe 'slbb.Lcer S!.bcrlu doerood 3C s dogrrod-Z-orJ
Butb south ncst eorner of buatd*rg-yunc uriknonn
t5T'-
Type
Asaorbcd phlox
Square Footaqe
GROUND COVERS
l:
Botanical Name;Common Name ' Quanity Si ze
i?
Junipe'nrs horizerrtllle .
!s$&4ssesr)*4l4qn Junlper
.ludfg!'ug_!94_u8rnil.1s___10r9g,p!39 Jurdper 5 t5
Alpltt forgct-.nc-mt (crXtrtchtun clongetun)
Ktnniklnnick
s0D
SEED
TYPE OF
I RRI GATI ON
TYPE OR METHOD OF
EROSION CONTROL
H'p rystcn (lf eqr)
C. 0THER LANDSCAPE FEATURES (retaining wa11s, fences, swimm'ing pools, etc.) Please specify.
Plentcr 2r rrldc t brokcn
Prtrsu!1B
UTILITY LOCATION VERIFICATION
SUBD IVI SI ON
JOB NAME Cornloe Bul1dlng
LOT BLOCK
ADDRESS 762VslL VaILey Dr., Vsil, eo. 8L65?
The locati.on of ut j.lities, whether theylines, nust be approved and verified by
acconpanying site plan.
w
FILING Vell Vtllcgc Fir:st Fllllngr e pett of Trect "8"-eIETFf !-f ffi .-Tr65k-fffi f
-
be rnain trunk
the following
lines or proposed
utilities for the
Date
Mountain Bell
1434-3778/a(-noo
Western Slope Gas
Harry Moyes
Public Service Company
Gary Hall
Holy Cross Electric Assoc.
Ted Husky/Michael Laverty
Vail Cable T.V.
Gary Johnson
Upper EagIe Va11ey Water
and Sanitation Discrict
David Krenek
?:{1''
For new const
?'//-65p1ease fitt out
attached sheet.
c'l' ,t -Sr;
^ r--t'/LAl-n
q-//-rfM
NOTE: 'Ihese verifications do not relieve the contractor of his
responsibility to obtain a street cut perrnit frorn the
Town of Vai-1, Departnent of Public Works and to obtain
utility locations before digging in any public right-
of-way or easement in the Toun of Vail. .A, building pernit
j.s not a street cut penDit. A street cut permit must be
obtained separately.
This fo rn is to verify service availablity and location.
This should be used in conjunction with preparing your
utility plan and scheduling j.nstallations.
I
Authori zed
e
: ZONE CHECK
F08
SFR, R,.R P/S ZONE DISTRICTS
DATE: Seutenber a* 1985
LEGAL DESCRIPTI0N: Lot Bl ock Filingvall vlllege,
ADDRESS:
PR0POSED USE Resldental
LoT SIZE S-55.L]-, W'7?,3?, N-?5.2].. r4L.6? Totel 3,6?5.57 Sq. r't.
Hei ght
Total GRFA
Primary GRFA
Secondary GRFA
Setbacks. Front-center
Si des
Rear
Water Course
S'i te Coverage
Landscapi ng
Fence,/Retai n'i ng l^la1'l Hei.ghts
Park'ing
Credi ts: Garage
Mechani cal
Ai rl ock
Storage
Solar Heat
Drive: Slope Permitted
Env j ronmental /Hazards :
?
OWNER Janes M. Pahrer & Dr. Robet"b Bakerr
ARCHITECT PLans byr R. Inouye. Thc Deslen Co-
ZONE DISTRICT
First t'tllng A part of
e part of M111 Creek Rd.
Al I owed
(30)(33)
2tJ.qs.t+2
Phone 4?6-13?0 *Urder Contract
Phone 4?5-13?O
Proposed
teinq as coclstlng
2.1a4-42
?0'
15'
15'
(30) (50)
(3oo)(600)
(eoo) (1200)
(so) (1oo)
125)(50)
( 2oo ) (4oo )
14'
east 3.5'-rpst 15'
13'
epproxlraate\r
as exlstlng
N/A
66
5o sq.
N/A
25 per sq.
N/A
(52 sq. ft.)
N/A Slope Actual N/A
Aval anche
Fl ood P'l ai n
Sl ope
l,letl ands
Geologic Hazards
Conments:
F
Zoning: Approved/DisaPProved
Date:
ffi
COSGRIFF, DUNN
& ABPLANALP
ATTORNEYa AT LAW
6UttE ZO?
cotaxERgtAL WtNc
zzlt N. FttoNTAoE AO. w. I
I
P. O. BOx 3jo
lvat|., coLoR.{oo gt65o
;
(3031 47c-7552 I
i
I
I
t
AGREHUEIiIT
$Irs AffimMrstr dared rte trn'*, ot %-l , 1985, by and
bet$Een lrIE To$l oF lrArl, cconnoo,-hereiirafteGEffi-b as "traii"arxt VBLTER HUEII{ER, as the crner of t}re cornice Buil&ing, heneilafterreferred to as t'Otvnetr. "
UIIIEREA.9, Vail has requested tlrat certail restrictiqrs regardirqthl€e (3) enpl-oyee r.urits be placecl qr ttre Cornice BuildiJg, hereinafter -
referr:ed to as tle SulDject prryerby.
blClil, THREORE, for the sun of Ten Dollars ($10.00) ard other
good ard valuable cqrsideratiqr. ttp sufficienql of drictr is herrelryadcrofledged, tte parties hereto agiree as follops:
. - 1: That portion of the grcund level on the sr:bject prqerty
ccnprised of ttrree (3) drdetling units, eactr having a sleeiilg -area andkitchen and appro:<irnately 200 ssuare feet (referred to asErpfcSaeeUnits) shall be used er<clusively as enplq'ee housing units.
2. The tlree (3) Erplcyee Units shall rnaintajn a Iniximm
sguare footage of 200 squaxe feet per unit, hq.rerrer, tlre configr:rationof the units may be altered.
3. Ihe ttrree (3) Erployee Units sha1l rpt be leased orrented for any period of less than ilrirty (30) conseqrtive days; ard, if
any suctr E[ployee Unit shall be nented, it shall be rented only totenants who are firll-tine enpJ_oyees in the tsper Eagle Valley. TIre
IJpper Eagle Valley slrall be degred to include the eore Valley, Minturn,
Red Cliff, Gilnan, Eagle-Vail and Arzon, ard. tfie surrounaing areas. AfuIl-tfue enplqlee is a trnrson wlro works an average of thiruy (30) tpursper vteek.
4. the restrictions contained herein shall recnain in effec{for a period tr,trenty (20) years f:rcm the date of this Agreerent.
5. Tttis agreenent sttall be a oovenant rulnj-rlg wittr the lard
and sha11 bind ttrc Oyrner, its heirs, successors, and astigns, ard. all
subsequent lessees and. crrvners of ttre Subject prroperty.
Tctr{N OF
Olvner, Cornice Building
ATTEST:
Tcxnrn Clerk To\,vn lGnager
By
a
I-\
I.
TO3
FROM:
DATE 3
SUBJECT:
Lot Size 2.A84Allowable GRFA
A11owab1e
Exi sting
Existing
Exi sting
Proposed
Proposed
* uni
ac/3 t6
GRFA: It677
# Units: 4
Commercia 1 :
GRFA! 2,286
# Units: 6
Planning and Environmental Commission
Community Development Commission
October 28, 1985
Request for. si_de and rear setbackrrariances, a €njlig/.g,.t.t Y..i" variaiiiTacne required setback from a najor streamcourse in ordErto construct tvo additional units with a total of 609square feet of GRFA to the Cornice Building. Applicants:ilim Palmer and Dr. Robert Baker.
DESCRTPUON OF VARTANCE REQUESTED
The five variances requested are necessary in order toconstruct the proposed addition to the Cornice Building.The following is a statistical breakdown of existing develop-ment on this site:
sf
195 sfsf
rl95 sf
,$+ N,"^,^r\ rY$!:Jlu.*q
4\ | o"^
Required parking: 7 spacesExisting parking on site: O spacesRequired parking under this proposal: 10 spacesParking provided with this proposal: O spaces
As this tabl.e demonstratesr the existing development on thissite is over its allowable number of units and vlry deficientin required on-site parking spaces. The propose-d additionrequires variances for the additional two units, a variancefor 91 square feet of GRFA over the allowabler and a variancefrom the 3 additional parking spaces that would be requiredfor this proposal. fn addition to these variancesr anexception would have to be granted to the required 50 footsetback from the centerline of Gore Creek, as well as sideand rear yard setback variances.
The remaining portions o.f this memo will address each of thevarlances requested with respect to the faclors to beconsidered in evaluating these requests. Following thisanalysis, staff recommendations will be given for eachspecific request as well as for the project proposal as a
who1e.
I.
rr.CRTTERIA AND FTNDTNGS
qp9" review of Criteria and Findingsr Section 1g.62 of the
recommends den e reguested variances seq on
IOl-lOW1nct ors:
Consideration of Factore
Density Control
The addit.ional 9I square feet of GRFA requested withthis proposal would not have a significani impact onuses or structures in the vicinity in and of itsetf.Howeverr Lhe additional units proposed vould have anegative impact. Most significant of these impactswould be the required on-site parking that is not anelement of this proposal.. tn aaaition, 6 units on thiseTtremely small parcel would generally overcrowd thesite-
Setbacks
The proposed addition would extend Eo some 3 to 5 feetfrom the propertyrs southerly boundary. The proximityof this structure would have a negative impact on lhe
C r existing walkway that is Located adjacent to the\'*'!'e \tfit^ applicant's property. while the existing structure is
\ [,v" \it\'JK"Y *31;::'tfliltlg#'"!3r'?,?o"i?,t ,tno";'J.ts.ttifl"i*3n.:5'B?'i:i:conformance. This increased encroachment -would havenegative impacts on existing and future uses in thisarea.
C. Stream Se tback
A.
B.
* ij.-,L*^*
D.
Because of existing development on this site and in thevicinity, this encroachment into the required 5A footsetback of Gore Creek is not seen as having significantnegative impacte.
Parking
As was mentioned previously in this memor additional
deveJ.opment on this site would have negative impacts onthis area with respect to parking. While thj.s proposaldid not address the additional-parking that iould berequired from this additionr iL has been assumed thatthe applicant would request some type of variance fromthis requirement. One can further assume that parking
demand generat.ed by this addition would be accommodated
or pgEenE.raI uses and structures in the vicinitv.
2'
by parking on adjacent properties or inVail parking structure. Neither of theseare acceptable to the staff as a solution'"' " -t,his parking 'reguirement;*--_---- -------- -'-
the Tor"rn of
two options
for meeting
The degree to'"which--?eLief - f rom-'the btrict or liEeral
necessar o a cn leve comoa ;ancl un 1I ormrea cmen t am on es ].n ev ncor coecElves o ew ou ran sDec].a
Tiith -the liixieption -bT thd'-- str-eEni "Lotilse -sefback requirement Iit is felt that ea of these reou ldbea ant ofspecia 1 le f thev werE Eb be a proves failed to demonstrate to e sE,aE! w
l. The applicant
t iustificationjustifithere would be to grant these requests. Because existingdevelopment on this site and on adjacent sites encroach intothe required setback from Gore Creek in a number of cases,it is felt that this request would not be a grant of specialprivilege. Consequently, with t,he exception of the variancefor the required setback from a streamcourse, each of theserequests would be a grant of special privilege if they wereapprove d.h rticularlv true with respect to thest for addit q on slEe.
ut €Sr OIld PubJ.1.C Sate
A. Density Control
The additional two units proposed with this applicationwould increase the density on a site that is alreadyover developed. The most direct impact with respect tothis increase wouLd be on the distribution of population
\ -. ^ and transportation and traffic facilities. It is the
O6^Kt\ feeling of the staff that to provide accommodations for\ r any additional number of people is inappropriate.Effects on transportation and lraffic facilites will beaddressed under the parking variance request.
B. Setbacks
The most signficant effect on the above factors wouldbe. on public facilitiesr specifically the walkwayadjacent to this pr.operty. Discussion hls taken placLconcerning the future development of a pedesirianconnection between this area and Ford park. Iheproximity of this proposal would have a negative impacton both the existing hralk$ray and any future developmentof this walkwav.
arking is prov
u gV''r{
c.Stream Setback
There will be no
mentioned fa c tors
se tba ck .
significant
with respect
impacts on the aboveto the reouired stre am
D. Parking
Thg inability qf _this site to provide on-site parking
would have a direct effect on transportation andtraffic facilities. Approving this request wouldindirectly encourage additional parking in the VailTransportation Center, on adjacent properti€sr oE alongVail Valley Drive. Illegal on-street parking wouldcreate problems for busesr snohr plowsr dnd generalcirculation in an area that is already a poor situation.Staff feels that it is the responsibility and obliga-
tion of this site to be capable of accommodating itsrequired parking demand. This issue has not been
adequately addressed through this application.
RELATED POLICIES TN VATLIS COMMUNITY ACTION PLAN
There are no goals outlined in the Action PIan that would beapplicable to this request.
Such other factors and criteria as the commission deems applicable
to E.he progosecl reques E.
ITI. FINDINGS
Thg. Planning 3nd Environmental Cornmission shall make thef
That the granting of the variance will not constit,ute agrant of special privilege inconsistent with the Iirnitations
on other properties classified in the same district.
That the granting of the variance will not be detrimental to
the public health, safetyr or welfaE€r oF materially injuriousto properties or improvements in the vicinity,
That the variance is warranted for one or more of thefollowing reasons3
The strict or literal interpreeation and enforcement ofthe specified regulation would result in practicaldifficulty or unnecessary physical hardship inconsistent
o
vrith the objectives of this title.
There are exceptions or extraordinary circumstances orconditions applicable to the site of the variance thatdo not apply generally to other properties in the same--zone.
The strict or literal interpretation ".ra "nfor..."r,a-otthe specified regulation would depri.ve the applicant ofprivileges enjoyed by the owners of other properties inthe same district.
ITT. STAFF RECOMMENDATION
The following are staff recommendations for variancesrequested:
A.Density Control
This request is for 2 unils and 91 square feet of GRFAover what is allowed under existing zoning. The staffcan find no justification for supporting this request.Physical hardship has not been eJtablishedr and it istelt that it would be a grant of special privilege togral!.this request. The site is simply not capable ofhandling any additional density.
Se tba ck s
To grant these setbacks would have a negative impact onan existing walkway adjacent to this property and ingeneral overcrowding on the site. Staff recommendationfor the requested setback variances is denial.
Streamcourse Se tba ck
B.
c.
As has been mentionedr there is a great deal of existing
development located within the 5g foot setback fromGore Creek. The encroachment from this propoeal is
minimal. Staff can support this element of the request.
D. Parking
The applicant has not established any basis with which
to recommend approval for a parking variance. The
zoning code requires that development in the HDMF zone
district provide on-site parking (75/Z of which must beenclosed). Because of site constraintsr there is
insufficient parking foc existing development on thesite. Staff cannot support a request for additional
development which would increase this discrepancy and
feels strongly that it is irresponsible site planning
to ignore the parking requirements for development onthis site.
In considering this request, it i
unable to accommodate the additionalstrongly recommends that the Planning
s obvlous that this site is
development proposed. Staff
Commission denv this reque s t.
PEC 10/28/85o -2-
3.t for side and rear setback vari a dens i
exceDt a vart ance !o
ce Bui
Mtke Palmer
Tom Braun gave the staff presentation regarding the requested variances,
the background of the project, impacts of the request, and stt recomrendationof denial . Mike Palmer presented the app'l icant's request and further described
Ithe proposal.
Affeldt felt this definitel.y a- grant of special privilege unless the applicant
could show otherwise. Donovan fe'l t that parking issue was critical and severly
restricted any further development. Schultz agreed with Affeldt. Hopkins fe'l t
the building needed remodeling and a personality change. Vie'le felt the parking
was critical , although he also felt respect for the owner with respect to theright to develop his property.
There was general discussion regarding the employee housing restrictions on the
property, with additional concerns from Hopkins and Affeldt were raised about
the stream encroachment request.
The applicant requested to table the request to 11 /25, Affe'l dt mgved and Donovan
seconded to table until lll25 and the vote was 5-0 in favor of tabling.
4. A Iequest for a setback variance in order to add an east entry to the Concert
Hall Plaza Building in Lionshead. Applicant: Brad Quayle
Rick Pylman gave the staff presentation outlining the proposa'l with a staff
recornmendaiion for approval. He exp]ained the 'location of the stairway andstated that the staff felt the use was compat'ible with existing uses iir thevicinity and was not a grant of specia'l privilege.
gave the presentation for the applicant. Affe'ldt quest'ioned how
grant of special privilege. Rick. commented that it wasn't because
existing buildings. Patten gave some history of the development
Quayle agreed to improve conditions of the wa1 kway adjacent to
Mark Donaldson
this was not a
of locations of
of Lionshead.
Rat'n l,|illie's.feldt moved and Sid seconded to anorove the uest with conditions
That I rove the walkwa.y adjacent to
trees an relocated in an area near the site.vote was 5-0 avor.
eldt as to write a letter ntaneros reques roof
be improved atop Charlie's T-shirt shop.
The
and
was
meeting of L2/23 will be cancelled. Peter
encouraged the commissioners to attend. A
conducted.
explained the Keystone conference
short discussion of GRFA ordinance
rcourse ]n o er to construct an addition to
+.1 t Appl ication Date
rr/
PEc MEETING DATE roltL l9ttl
APPLICATION FOR A VARIANCE
I. This procedure is required for any proJect requesting a variance. The appllcationwill not be accepted until all information is submitted.
A. NME 0F APPLICANT Janres M. Palrner arxl Dr. Robert Baker
ADDRESS 362 Valt Valley Drive
ValL, Col-<irado 81657 PHoNE 1176-1370
B. NAME 0F APPLICANT'S REPRESENTATIVE Roberta Inouye, the Design Co.
ADDRESS 362 vel]- Valley Drlve
Vall, Ccjlorado 81652 PHONE 4?d-13?0
c.NAI'|E 0F ol.lNER(S (type or print)Urdet 9en!r3g!.r J91qes H. Palraer ard Dr.
s
ADDRESS 362 vatl vaue
Va11-, Colorado 8L65?p;.1gNg 4/5-11f0
LOCATION OF PROPOSAL
ADDRESS fiz Vri-I Valley Dr{ve, Veil CoLoradi, 8J:65?
LEGAL DESCRIPTI0N L0T_BLOCK FILING Vell Vll1ege, flrst FlILln
A pert of Tract-ts,t and tpa!.t
L,r,',=-.^ €\""4
,/ ,/ Mtll Creek RoEdFEE $100 pArD ///,zK_cK #_&/_Q_ FRoM_
iHT TEE MUST BE PAID BEFbRE THE COMMUNITY DEVELOPMENT DEPARTMENT t,tlLL AccEPT
YOUR PROPOSAL.
D.
nE.
F. A list of the names of owners of all property adjacent to the subject property
INCLUDING PROPERTY BEtlIN0 AND ACROSS STREETS, and their maiJing addresses.
THE APPLICANT I.'ILL 8E RESPONSIBLE FOR CORRECT MILING ADDRESSEs.
II. A PRE-APPLICATION CONFERENCE l.lITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED
TO.)DETERMINE IF ANY'ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION I.'ILL BE
ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE ZONING
ADMINISTRATOR). IT IS THE APPLICANT'S RESPONSIBILITY TO MAKE AN APPOINTMENT,'
[{ITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREMENTS.
PLEASE NOTE THAT A COMPLETE APPLICATION l.lILL STREAMLINE THE APPROVAL PROCESS FOR
YOUR PROJECT EV OECREASIXe_THE NUMBER oF CONDITIONS OF APPROVAL THAT THE PLANNING,
ANO ENVIRONMENTAL COMMISSION MAY STIPULATE. ALL CONDITIONS OF APPROVAL HUST BE
COHP!-IED WITH BEFORE A gl.rIL0ING PERI4IT Ls ISSI]ED. ! r,
III. FoUR (4) CoprES 0F THE FoLLoWTNG MUST BE SUBMTTTED:
-ctA,TrMrit'r tlE Tt.tf nrrrn I ef tt,lTt toC .lf E TUr rtll CE REqUESTED ANO THE
existing or Potential
ai interpretation and
to achieve compatibilitYnity or to attain the
ri vi l ege.
l'tu 1010
FIRSTNAIIONAL
OF VAIL
BUILDER'S GROUP OF VAIL
VALLEY, INC.
362 VAIL VALLEY DR. 476.1377
vAtL, coLo. 81657
-.\
+
': LCte I0 5 50 tr! toCI I..BB 1il. Id to
19-dtu-rro,rou
PUBLIC NOTICE
N0TICE IS HEREBY GIVTN that the Pl anning and Environmental Connission
of the Town of Vail wi'l I hold a publjc hearing in accordance wjth sectjon
18.66.060 of the municipal code of the Town of vail on October 2g, l9g5 at
3:00 pm in the council chambers in the VajI municjpal building.
Consideration of:
1. Requests for sioe anci rear setback variances, a density control variance, a
parking exception' and a variance to the required setback from a major watercourse
'i n orqer to construct an aocrition to the cornice Building at 362 Vail valley Drive,
locatecr on a part of Tract "B" in Vair viilage F'i rst Fi).i ng.
Applicant: James palmer ano Dr. Robert Baker
2- A request for a setback variance in order to add an east entry to the
Concert Hall Plaza Building in CCII.
Applicant; Brad Quayle
The application and informtion on the proposal can be examined in the
community Development Department office during regular office hours.
TOl.lN OF VAIL
Community Development Department
THOMAS A. BRAUN
Published in the Vail Trail on 0ctober ll,l9g5.
t
luwn
75 soulh f?onlage road
vail. colorado 81657
(303) 476-7000
January 7, 1986
Mike Palmer
Mike Palmer Real Estate
362 Vai'l Va11ey Drive
Vai I , Co] orado 8.|657
Re: Cornice BuiIding
Dear Mi ke:
I am wri ting to you to'inquire as to your plans for the Cornice Building'
It has been some time since the Planning Commission reviewed this
proposal . At that time, you requested a tabling of your application to
study other alternatives. If you still plan to propose some type of
development on the site, I would encourage you to contact me to discuss
the nature of these improvements. If you have abandoned any plans for
additional deve'l opment on the site, we would request you to forma'l 'ly
withdraw your application in a letter addressed to the Planning
Commi ssi on.
It would be helpful to know what your plans are for this property. At
this point, we would like to see some action taken with this appiication,
whether it be a modified proposal or to have it withdrawn. Please contact
me at your earliest convenience to discuss this matter.
Si ncerei y,
At,|$lulr\-"
Thomas A. Braun
Town Planner
TAB: bpr
<:cr:-(it{r -
PETER COSGRIFF
JO HN W. DUNN
ROBER' H. S, FFIENCH
STEFHEN C. WEST
TIMOTHY H. BERRY
ARTH U R A. ABPLANALE JR.
JOHN B. WOOO
VAr t, Co Lot.^r, r ) trtr.t.,.
(3O3) 476 -7 5 '-,,.
14 November
Cornice Buildinc
LEAov,.,' J ."'.
,,,,,, .,..1"i.-,,.."..
" *.":..J,:,i;'"
J.:,,..t
"
tt
^
t t
l:"o""i ;t"t l!!3;" " " ""
1984
Planning & Environmental
Commission
Town of VaiI75 S. Frontage Road WestVail, Col_orado =_81657'
: Re:
This office represents Dr. Walter Huttner, ownerof the Cornice Building in Vail.
In 1929, Dr. Huttner.applied to the planningConmission for a variance relate& to parking and 1otset-back for the cornice Building, in order that he micrhtconvert four second floor units io a singte resiae"ti.i---unit. while the planning commission denied ah;-;pplicationfor a variance which wouid have permitted. p"rii"g^ on thepremises, the Commission granted the set-Uict< vaii - , ,.' ' . ,-
iermitting-Ih.-|.oposedeipansionofthep'op.'ty.'ance,.:!/.'':!'
During the course of the hearing on Dr. Huttner,sapprrcatlon, a discussion occurred regarding the imposition
"f ?l employee housing llmitation on use of the first_floorresidentiar portions of the Building which were then in use.A copy of the minutes of the planniig commission meeti-ng areenclosed. Dr. Huttner agreed. to keef, tne suiidi"f ."employee. housing as long as he owned it, and "qr.6d to .qeeq restrlction, which he fert wourd provide {,he town withthe ability -t.o enforce . that .ji""r"nt. It r^ias _ neversuggested that,. the_period 9! -gmrrtitment._ifroufa Ue.-extended , .beycind-ni. uuttnerli owneis4ip.'accordingty, the ;i;ili;; .commission-'conditionea its apiroval of th5 -set-back variance /ol 3tt employee housing agreemLnt which !'/as to re- irrangeawith the Town of Vail-Atiorney. The employee housl_ngagreement was never negotiated or reduc6a io writing] butduring the past five years, as a result of Dr. Huttner,sdesire t-o make improvements to the property, the issue hasarisen once again.
It is the position of the Vail Department of
community Developmenl that the employee housing agreement is
to be of indefirrite dur.tion. Dr. ttuttner has maintained
the employee-housing use of the portio!,of -the cornice
Buifding irsed as .*p1oy*.-housing in 1979 from that time to
the preient. Although i-t j-s. apparently now -the position of -
tne Vait Department of Community Development that employee-'
-, n"""i"g 1s 'no longer a problem ior the To\ntn' Dr' Huttner is-been r6quetted to execute an employee-housing agreement
which would effectively bind the property for at least
twenty years. In view of the aPp-ar-e-n-!.-?q-qi-sult, -of the 1979
conai-ti6n placed. upon the CorniEe SuLldind, the'good faith
demonstratea Uy Or. Huttner is preserving-the.-.
emp I oy e e - hou s iir s u se th rou g h-the -
pe 1-1-qq ..9.f= -Ya1 l-lS1p-]ovi F -housinq crisi-s, and the-mutual- benefit to be derlved by tne
Toi^m,-ihe-iieigtrbor:-ng properties and Dr. Huttner by
improvements to the cornibe Building i&qqtls;-+-elt with
continuinq employee housing use, Dr' Huttner requdst5--that .-i# =ni ;ffii ";"'5;I' e"v i ib "*;frt "
i- c";ofi;;i cjn- <i i rh6 i -i
! a 1 i-rv it'i-
-. o ;a i t i
"
i't
:i i c 1 u d qd-T,nJhe- -1 9.7 9 - mi nu te s - to - I irn i!- t h F bmp ! oy 9 e
; -n;; Jils* iE qn iiene nr
:i"
_ t dJ_pe_f ,i"d wh i ch D.g_,_ liu_ttne r own s -the .
-i;it pe
-J
i v ;:- Ji:ir' ii- -i n. p i ; ''''i "
g,i nd. ! nV fi- o''me .'t t 1--c o mn i c q i gL
?a$eve.€_n_e-.p_lo_pgt9v--qf -a1ry-employe=e-]qgq.1ng--requirenept-*i .ydq!"Pen-9-i-.
- "-
P IaIrn illg & bnvaromenr-ar
'* fi:Hffi:i"Ln
Page 2
We request the oPPortunitY
concerns and considerations with the
to discuss these
Plannin
mental Commission at your earlies!
spect
Arthur A.
AAAJr: ggt
Enclosure
' ..J
.)
.1 -\
I
IL*-.-'!IF*,
' 75 roulh trontage ro.d
vail, colorado gt657
(303) 476_7000
0ctober 17, 1984
Mr. Art Abplanalp
P.0. Box 340Vail, Co'lorado 8]658
Dear l'lr. Abplanalp,
Enclosed is a copy of the Cornice
agreement. Please call me if you
Si ncerely,
oftlcr of communlty dcwlopmcnt
Re: Cornice Bui'lding
Bui lding's employee housing
have questions.
t,lirt,, I't+
Kristan Pritz
Town P'l anner
KP: br
Encl .
I
8ur ldrn9, hereinafter referred to as "Uwner."
WHERIAS, Vail has reqtfea that certain restrictions ]rding three (3)
gnrplbyee un'its be placed on the Cornice Bu'i 1d'i ng, hereinaftffreferred to as the
Subject Property.
NOW, THEREF0RE, for the sum of Ten Dol'l ars ($.l0.00) and other good and valuable
considerat'ion, the sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
l. That portion of
three (3) dwel I i ng un its
200 square feet (referred
p'loyee housing un'its and
from the remainder of the
theground level on the subiect property comprised of
each having a sleeping area and kjtchen and approximately
to as Ernployee Units) shall be used exclusively as em-
shall not be sold, transferred, or conveyed separately
Subject Property.
2. The three (3) Employee Units shall maintajn a minimum square footage
of 200 square feet per un'it, however, the configuration of the units may be altered.
3. The three (3) Employee Units shall not be leased or rented for any perjod
of less than th'i rty (30) consecutive days; and, if it shall be rented, jt shall
be rented only to tenants who are full-time emp'loyees in the Upper Eag'le Va11ey.
The Upper Eagle Valiey shallbedeemed to include the Gore Valley, Minturn, Red
Cliff, Gilman, Eagle-Vai1 and Avon, and the surrounding areas. A full-time emp'loyee
is a person who works an average of thirty (30) hours per week.
4. The restrictjons contained herein shall remain jn effect for a period
not nore than 20 years and the life of Trent Ruder from the date the certificate
of occupancy is issued for said unit.
5. This Agreement shall be a convenant running with the land and shall bind
the 0wner, its heirs, successors, and ass'igns, and all subsequent lessees and
owners of the Subject Property.
TOI,IN OF VAIL, COLORADO
By:
Dr. Huttner
0wner, Cornice Bui 1di ng
-a ATTEST:
Rondal 1 V. Phi 11i ps , Town Manager
Pamela A. Brandmeyer, Town Clerk
hun
75 soulh frontage road
vail, colorado 81657
(303) 476-7000 olflce ol communlly developmenl
June 17, 1985
Bobbie Inouye
Mike Palmer Real Estate
362 Vail Valley DriveVail, Co. 81657
Re: April 26 letter concerning sign
Dear Bobbie:
As we had discussed your sign can be staff approved. please completethe enclosed form ani returi to our depirtmeirt with the $io.oo i...
You can consider your s'i gn proposal approved as per the descriptionin your April 26 letter.
Please do not hesitate to call me with any questions you may have.
Thomas A. Braun
Town Planner
Sincerely,
TB/blf enc.
PETER COSGRIFF
JOHN W, DUNN
ARTHUR Aj ABPLANALE JR.
TIMOTHY H. AERRY
ALLEN C. CHRISTENSEN
LAw OFFrcEs
CoscRrrr. DUNN & AeplRrualp
A PARTNERSHIP OF PROFESSIONAL CORPORAIIONS
P. O.Box 34o
VarL, CoLoRAoo at658
(303t 476-7552
CosGRr FF, DUNN & BERRY
P. O. BOX tl
LEADVI LLE. COLORAOO EO46I
{303) 4€6" rA€5
8 August 1985
I'1r. A. Peter Patten, Jr.
Zoning Administrator
Town of Vail
75 South Frontage Road West
VaiI, Colorado 81657
RE: Cornice Building
Dear Peter:
As you will recall, we have on several occasions
reviewed the manner in which the Cornice Building might be
renovated to provide a more attractive structure in the Town
of Vai1, consistent with the Townrs desire that the struc-
ture continue to provide employee housing and with the goal
of the o\^rner to take maximum advantage of the potential of
the 1ot on which the Cornice Building is located. As far
back as L982, I believe we agreed that the GRFA formula
wouLd permit an additional 510 square feet on this propertyt
if other land use concerns, such as set-back limitations,
were satisfied. In May of 1983, I d.irected to you a letter
requesting confirmatj-on of our understandings andr while I
believe we discussed and confirmed these figures, I have no
written evidence of our agxeement. The impediment of the
employee housing limitation having been removedr the PurPoseof this letter is to reiterate the contents of my letter of
May, 1983, in an effort to confirm our understanding of the
Town of Vailts position then and now.
My notes indicate that we determined that the
tract upon which the Cornice Building is located includes
31659 square feet. Under the Town of Vail zoning regu-
lations, the allowable GRFA is 608 of the lot area in the
zone district in question, ot 2,L95.42 square feet. My
notes also indicate that we determined that there presently
existsa total of L,585.5 feet in gross residential floor
area in the Cornice Building, including 676 square feet on
the ground level and 909.5 square feet on the second level.
Based upon these calculations, my notes indicate our agree-
ment that, as far as the gross residential floor area was
concerned, the Cornice Building is permitted 610 additional
Note from Town of Vail:
These numbers are not based
accurate information on the
footage and are an estimate
square footage would requine
A. Pe r Patte
Mr. Peter Patton
8 August 1985
Page Two
square feet under the GRFA formula applicable to this lot.Naturally, the property has other difficul-ties with refer-
ence to where the additional sguare footage may be con-structed, but I am dealing at this time only with thequestion of allowable GRFA. Those other difficulties, such
as set-back limitations, would naturally need to be remediedprior to any construction which would otherwise violate
those restrictions.
These calculations, you may recall, do not takeinto consideration the credit available for storage space,nor j.s the floor space having a ceiling of less than six andone-half feet, which includes the loft and basement of thisstrusture, incl-uded. in the calculations charged against thebuildingrs allocations. Ad.ditionally, the calculations ofexisting floor space are naturatly based on our measure-
ments, and, in the event our measurements of the floor space
are incorrect, it would be necessary to adjust the GRFAfigure which we have used accordingly.
If the calculations discussed above are, in fact,correct, I would appreciate the courtesy of your signatureto the enclosed copy of this letter in order that we mightconfirm in writing the position of the Town.
our
on having
by Dr.
tectural
Huttner.
pl ans.
deteAny firnal
AAAiIT: dasxc: Dr. Walter Huttner
Mr. Larry Eskwith
LTRS
COSGRIFT,
nati on
li.:-''f
rns#?noN REouEsr
DATE
CALLER
THUR
'. a.
TOWN,^OF VAIL
-s:-.- AMREADY FOR
LOCATION:
INSPECTION:
JOB NAME
MON PM
' ..F APPROVED
CORRECTIONS:
tr DISAPPROVED tr REINSPECTION REQUIRED'
BUILDING:
tr FOOTINGS / STEEL
PLUMBING:
tr FOUNDATION / STEEL
tr UNDERGROUND
tr ROUGH / D.W.V.
tr FRAMING tr ROUGH/WATER
n ROOF & SHEER- PLYWOOD NAILING tr GAS PIPING
tr INSULATION tr POOL/H,TUB
tr SHEETROCK NAIL tr
tr
tr FINAL
MECHANICAL:
tr TEMP. POWER tr HEATING
tr ROUGH tr EXHAUST HOODS
tr CONDUIT tr SUPPLY AIR
tr tr
tr tr FINAL
DATE INSPECTOR
/.: ,
rNs ro
ow_N
REOUEST
VAIL
DATE JOB NAME
READY FOR
LOCATION:
INSPECTION:WED THUR FRI PM
BUILDING:
tr FOOTINGS / STEEL -
I] FOUNDATION / STEEL
tr FRAMING
n ROOF & SHEER- PLYWOOD NAILING -
tr INSULATION
-
tr SHEETROCK NAIL -r-rj-
tr FINAL
ELECTRICAL:
tr TEMP. POWER
PLUMBING:
tr UNDERGROUND
tr ROUGH / D.W.V.
BUILDING:
tr ROUGH/WATER
tr GAS PIPING
tr POOL/ H. TUB
tr
tr
tr FINAL
MECHANICAL:
tr HEATING
tr ROUGH tr EXHAUST HOODS
tr
tr
CONDUIT tr SUPPLY AIR
o rrr.ifr-
B
tr FINAL
,",, F.ApPnoveo\" , /
CORRECTIONS:
tr DISAPPROVED tr REINSPECTION REQUIRET'
DATE INSPECTOR
'd'',*ffitoN
TOWN OF
REQUEST
VAIL
a,/-;r. ,.: . ...DATE JOB NAME
MON
'. i .'a a-{..a-t..--t a:) .CALLER
READY FOR
LOCATION:
INSPECTION:TUES WED' THUR FRI AM PM
'f.../, . ti,- \, ,::.,1.-' ,
BUILDING:
tr FOOTINGS / STEEL
tr FOUNDATION / STEEL r] ROUGH / D.W.V.
-
tr ROUGH/WATER
n ROOF & SHEER" PLYWOOD NAILING -
tr INSULATION POOL / H. TUB
tr SHEETROCK NAIL
tr HEATING
tr CONDUIT tr SUPPLY AIR
E APPROVED
CORRECTIONS:
tr DISAPPROVED tr REINSPECTION REOUIRED
DATE INSPECTOR
P1 anning and Environmental Conmission
0ctober 22, 1984
PRESENT
Diana Donovan
Gordon Pierce
Duane Piper
Howard Rapson
Jim Vie]e
.lere l.lal ters
ABSENT
STAFF PRESENT
Scott Edwards
Duane Piper called the meeting to order at 3;10 pm.
l. Apptgval gf,minutes of 0ctgber 8, 1984Il_y1:-ryirte@e the second to approve theA&D Bui I di ns, s exterior at teritio;. yi"iar-il;&-;;;";o;;";;";;;#!;
5-0 (Pierce h-d not yet
Peter Patten
Tom Braun
Betsy Rosolack
Item #2 was to be discussed last because the applicant wasyet.not at the meeting
uest for a final p1 at review of Vail Woods Subdivision revision ofal uevelo nt Di st['ict I t ]Hiqf i;ark ).cant:S. Va soci ates
Peter Pattenthis item to
The vote was
2.
Appl icant:
Tom Braun showed
said that the applicant was stil'l11/26. Donovan moved and Walters
not ready,
seconded to
and asked
table to
to
1l
tabl e
26.5-0 in favor.
Vail Valley Medical Center
thi.s item until 11/26. Rapson moved and
Vote was 5-0.
q setback varian e in order to ild an addition on the
i can alter Huttner
uested to table
uest for an ame nt to !!e Vail rnunicipal zonjn code in orderail Vil a Fi
um Densit ame District zoninq.
that thethat the
existing zoning is not
request was recognizing
'2.uest for a s
to table to 11/26.
appropriate for a
a site plan and exp'l ainedmedical center, He added
Planning and Environmental Commission
October 22, 1984
3:00 pm
1.
2.
Publ ic Hearing
Approval of minutes of 0ctober 8, lgg4.
Request for an amendment to the Vail municipal zoning code in orderto change the zoning district for Lots E and F, Vai'l-Village 2ndFi1i1S (the Vail VaIley Medical Center) from Medium Density Multiple
Fam'i1y_to Public Use District Zoning. Applicant: Vail Vailey
Medical Center. Staff Recommendation: Approval
Re-quest for a final plat review of Vail Woods Subdivision, a revisionof special Development District 11 (Highland park) which would divide
the_remaining area to be divided into 1l dup'lex lots.Applicant: I.K.S. Vail Associates
Request for a side setback variance in order to build an addition onthe Cornice Building. Applicant: Dr. Walter Huttner
TO BE
TABLED
TO BE
TABLED
3.
4.
o
o
TO:Planning and Environmental Commission
FR0M: Cornrnunity Development Department
DATE: 0ctober ZZ, 1gg4
SUB,IECT; Bggles.t to rezone_two parcels of land: Tracts E and F, Vail,vi I I age -second^Fi I i ng irom Medi um Dens ity l'|uiii -rami tv
-
(l,ror,rr )to public Use Distriit
Applicant: Vail Valley Medical Center
Background on Request
The Vail valley Medical Center has been 'in operation at its present location formany.years: ouring this period an inconsistbncv nii ;in;i; !xistea wit[-""lpilito the zoning.and the.uses on this site. ereseirtty tfre'siie is zoned MDMF. Thepurpose of this zone district.is to provide sties tor mriii:rimiiv"il"i'fiil, ;i'a density not to exceed lg units per'acre. This requeit i, un attempt to bringthe-zon'ing more in line with-ttre lies-piesently on-dhe-iii". The purpose of thePublic Use District is as followsa '
18.36.010 Purpose
The Public use district is intended to provide sites for public and quasi-publ i c- uses whi ch , . because. of .thei r speli ar characteri iti is , cannot appro-priately'.be regulated !v ttrg developmtnt stana'u"Ji-p""ii"iu"a for otherzoning districts, and for which devllopment standarls especialtv presi"iueafor each particular.deveropment propoiit "" p6J;;i-iri-fiecessary to achievethe_purposes prescribed. in'sectibn ia.oz.ozo,and to provide for the publicwelfare. The Public Use district ii-intended to ensi.rre that pubiii Luiiiings'and grounds and certain types of quisi-puulic usei permiiieo in the district
.1f:=ppropriately located and designed to meet the heeds of residenti ina --
visitors to Vail, to harmonize witfi su*ounding uses, and, in the caseof buildinss and other.structures, to-.nirr.;;.;;;;; iigit, air, openspaces' and other amenities appropriate to the ptirmittea"iyies of uiei.
Eva'luation of This Request
There are three sets of crJteria necessary to adequately.evaluate this proposal .FiTt:.a.discussion 9f-!1" rezonfng request_concerning the suitabirity/non-suitabili.tv of the existing zoningl ieionatv, ii *ri"piJpolea reroniirb"ifnsistentwith land uses in the.area-as weli as munic'i"pit onieitiueii FinatIy, does therequest foster the orderly and viable growth'or it6 iommrnitvr
1.'"s
lnwn o lltl
7s south trontage road
Yail, colorado 81657
(303) 476-7000
October 19, 1984
Dr. Walter Huttner
4545 E 9th Avenue
Denver, Co 80220
KP: br
olllce of communlty dcvcloPmenl
Corn'ice Building Employee
Housing Agreement
Dear Dr. Huttner
I am enclosing the employee housing agreement for the
Cornice Building. I wou'ld appreciate it if you wou'ld
and return the iigned orig'ina1 to me. The Town wjll
with the Eagle County Clerk and Recorder's office. I
a copy to your attorney, Mr. Art Abplanalp.
3 units in the
s'ign the agreernent
record the agreement
am also sending
Si ncerely,
nr- f I t, I
Kr'tk,' {'*+
Kristan Pritz
Town P] anner
o AGREEMENT
. THIS AGREEMENT dated the 16.th day of 0ctober,-1984, by and between THE T0l,lN
0F VAIL, C0L0RAD0, herejnafter feferred to as "Vail" and the owner of the Cornice
Building, herejnafter referred to as "0wner."
hIHEREAS, Vajl has requested that certain restrictions regarding three (3)
ernployee units be placed on the Cornice Building, herejnafter refemed to as the
Subiect PropertY.
NQll, THEREF0RE, for the sum of Ten Dollars ($.l0.00) and other good and valuable
consideration, the suffjciency of vrhich is hereby acknowiedged, the parties hereto
agree as follows:
l That portion of the ground leve1 on the subiect property comprised of
three (3) dwelling units each having a sleeping area and kitchen and approximately
200 square feet (referred to as Employee Units) shali be used exclusively as em-'' ployee housing units and shall not be sold, transferred, or conveyed separately
from the remainder of the Subject Property.
2. The three (3) Employee Unjts shall maintain a minimum square footage
of 200 square feet per unjt, however, the configuration of the un'i ts may be altered.
3. The three (3) Employee Units shal1 not be leased or rented for any period
of less than thirty (30) consecutive days; and,'if it shall be rented, it shall
be rented only to tenants who are full-time employees in the Upper Eagle Val1ey.
The Upper Eagle Va1 'ley shailbedeemed to include the Gore Valley, Minturn, Red
Cljff, Gjjman, Eagle-Va'i I and Avon, and the surrounding areas. A full-time employee
is a person who works an average of thirty (30) hours per week.
4. The restrictions contained herein shall remain jn effect for a period
not more than 20 years and the life of Trent Ruder from the date the certificate
of occupancy is issued for said unjt.
5. This Agreement shall be a convenant running with the land and shall bind
the 0wner, its hejrS, Successors, and assigns, and all SubSequent leSSeeS and
owners of the Subiect ProPerty.
TOI,JN OF VAIL. COLORADO
Dr. Huttner
Owner, Cornice Building
ATTEST:
Rondall V. Phili'i ps, Town Manager
I
By:
Pamel a A. Brandmeyer, Tovrn Cl eri'
o/T\
A*t' |...4l=->/- /
lnWn il taiil]/ communit5z Deveropmenr Deparrmenr
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, -tstlacX+n$ottt-tfu-HibA$ot
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liln il UnlV community Deveropment Deparrmenr
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INTER-DEPARTMENTAL REVI Ehl
PROJ ECT:
DATE SUBMITTED:
COMMENTS NEEDED BY:
BRIEF DESCRIPTION OF THE PROPOSAL:
DATE OF PUBLICE HEARING:
@ Orrws>rae &ret A+* ( Suoret ,ec .a,ottr- ou Puj+t
?rtJ*cruaxt (
otl.t7| PCtlp tF r.t.fr ellr.?tF(, €366.
FIRE DEPARTMENT
Reviewed by:
Comments:
POLICE DEPARTMENT
TOWN ATTORNEY
Date:
Date:Reviewed by:
Comments:
RECREATION DEPARTMENT
Reviewed by:
Comments:
PUBLIC WORKS I I*'*'.*r' 4 o^t", ,orh/8 f
Comments:
Date:
@
o
Reviewed by:
Comrnents:
Date:
Appl ication ,^r"
PEC MEETING DATE
APPLICANT'S REPRESENTATIVE KEViN RECdCT ArChitCCtrNI DESigNCT
I.This
will
A
APPLICATION FOR A VARIANCE
procedure is required fgf ?nI project requesting a variance. The applicationnot be accepted until all lntoi^maiion is'submitied.
NAME 0F APPLICANTJT. Watter n. Huttne
ADDRESS 4300 East Mansfield St.
p11g1g 759-28B2
R NAME OF
ADDRESS 1524 Buffehr Creek Rd. #A26
Denevr, Col orado
PHONE
HuttnerNAME 0F 0WNER(S) (type or print)
Siqnature(s ) Ivur"!j"\ L"':-'
e
ADDRESS_4300 East Mansf ield
Vai I , Colorado
Dr. Walter
Denver, Colorado pg6lg 759-2882
n LOCATION OF PROPOSAL
ADDRESS Cornice Bld !!2 Vail Valley Drive, Vail, C0. 81657
LEGAL DESCRIPTION LOT BLOCK FILING
E. FEE $too vnn-gf14fry|_cK ## _FR0M_:!l_walter A. Huttner
THE FEE MUST BE PAID BdFofrE'THE coMMUNITy DEVELopMExI pEpaffixflf16ffi
YOUR PROPOSAL.
F. A list of the names of owners of all property
INCLUDING PROPERTY 9-EHIryD AND ACROSS STREETS,THE APPLICANT WILL BE RESPON'IELi-FON CORRECT
adjacent to the subject property
and their mailinq addresies.
MAILING ADDRESSES.
II. A PRE-APPLICATION.CONFERENCE t.tITH A PLANNING STAFF MEMBER Is sTRONGLY SUGGEsTEDT0 )DETERMINE IF ANI ADDITI0NAL inFonr"rnirorv-ii NiEbLD.'-'r,io npplrcnrroN t.trLL BEAccEPTED uNLEss IT-IS^coMPf{l illusr INcLUDE nrr-iiir'rs REQUTRED By THE zgNrNGADMINISTRAToR).--IT Is THE nnFri'cnryr'q nEipoNs-isriiiV-ro MAKE AN App0TNTMENTn^'ITH THE STAFF TO FIND OUi Nbb[i-NOOITIONAL SUBMITTAL REQUIREMENT'.
ih[fl]isUiiit-illd:mlqjfli:hlitii'irlibh'ill5fi!'dfuollFofii-?Xti if;8'5ff,,[?ft.AND ENVIRONMENTAL^c0MMi5Siorl NnV-!'rrpuinri. -a!-tor'roirr0Ns
0F AppRgvAL MUsr BECOMPLIED u,ITH BEFORE N EUiLDri,iG' PENNTi ii-iSSffi.--''I'
III. FOUR (4) COPIES OF THE FOLLOWING MUST BE SUBMITTED:
A. A WRITTEN SIIIFYqTi OF THE PRECISE NATURE OF THE VARIANCE REQUESTED AND THEREGULATION INVOLVED. THE STAiEMENT MUSi AiSO'IOONLSS,
l' The relationship of the requested varjance to other ex.isting or potentialuses and structures in the.vicinitv.
2. The degree to which rerief from the strict or literar interpretation andenforcement of a-specified regulalion is.necessary to achieve compatibilitvand uniformitv of treatment ifiong-iites in the vicinity or to attain theobjectives of *rrs tiii.-*i*,";;'s;;;;'oi'ri"ii"i'ir.ii{r"n".
IV.
f-'-
3. The effect of the variance on light and air, distribution of population,transportation, traffic facilities, utilities, and public safbty.
B. A topograph'i c and/or improvement survey at a scale of at least l" - 20r stampedby a Colorado licensed surveyor including locations of all existjnq i,no"ov"-ments, inc] uding grades and elevations. -0ther
elements. whictr'must"UJ iirownare,parking and-loading areas, ingress and egress, landscpped areas andutl rlty and drainage features.
C. I ttlg plan at a scale of at'least'1" = 20' showing existing and proposed
buildings.
D. All preliminary building e'levations and floor plans sufficient to indicatethe dimensions, gspspsl appearance, scale and use of all buildings and spacesexisting and proposed on the site.
E. A preliminary title report to verify ownership and easements
F. If the proposal is located in a multi-family development which has a homeowners,association, then written approval from the associaiion in support of theproJebt must be received by a duly authorized agent for said ilsociation.
G. Any additional material necessary for the review of the application asdetennined by the zoning adminisirator..
* For interior modifications, an improvement survey and site plan may be
waived by the zoning administrator.
Time Requinnents
The Planning and Environmental Commission meetsof each month. A complete application form and(as described above) must be submitted a minimum
PEC pubf ic hearing. No incomplete appljcat.ions
administrator) will be accepted by the p'lanning
nated. submittal date-
on the 2nd and 4th Mondays
al I accompanjring materialof 4 weeks prior to the date of the(as deterrnined by the zoning
staff before or after the desig-
. j"'
Town of Vail
Plannlng DeparUrent
RE: Variance Request
Cornlce Bui lding
362 Vail Valley Drlve
Vail, Colorado 81657
September 10, 1984
. STATEMEIIT OF REQUEST
A varlance is requested for the Cornice Building, Q!f-Va[t V-el!"V
Drive regarding sei,back requirements (V.M: C. 18' 20. 060)+raf '. tt{Q
The owner, Dr. llalter A. Huttner wlshes to add 610 sq..ft. (which
is ihe G.p.S.F. for this building) to the east coming out l5ft. from
*neie tfri oiesent foundation wall exlsts. This would require a "zero-
ioi'irrie; liiiinie on tne east property line, which borders Vail town
property.
:,1'lg
the
A. The Vail town property to the east will probab.ly.remai.n."greenbel't"
spii! ii it i! not dnorign,
-nor has adequate access to be bullt on
under this zoning.
oiiui-ri i-seiuail-traioitrip ueciuse of size and 3!3pe.
B.This ls one of tjre original sites and bulldings _in Yli_l (1964), .-
grus irre stte dimens-ionJ nliCing (V.1,1.C. .18.20.050) fon-H-D-l',1.F. hardlv
#tiy il iin oi seen from the site Dlan and
'9fvel:
vail has grown
uli iiti consideratioii-iri muin rpie:inflexible than any other regulations
ii.".-uie, ttiight; iSviniiris,-iic.j if setbacks are pdrtly determined
ni'rit-iiia ini siti-itmeniioni, then-the conditlon_at 362 Vall Vall€v
feel that strict enforcement of,the code presents a hardship on
followlng points:
a
C. As the buttdlng stt on the stte originalU'-lt.dtd.no.t conform
to -riiii ;;iring.-iiizstinus iny improvemint ai all involvins buildins
expansion requlres a variance.
D. Even though econonic hardshlp as a result of strict enforcenent
ls nol onounds ?or,vlrianoe.; lt diaerrves meitioning heror, DrrrrHuttner
.Jiiiri*iiii-r.r*,]lr:is:lliiiUinlj,.more rentaUle, manketable,. as.weltl'.ias:'i:airle'
li6id-ieiinetiialiy in ti;;-11tah the neishborhood. The buildins consists
;i ; [;;i aiiiii'irtiice,ttt"""iis sq.ft--"boxes" and a single familv
,nii liiiiuiri. -in6:tti*izS sq. ,ft. 'unitf are virtual ly unrentable,
and he wishes to combine tneni into one much more rentable unit, and
iiio t*o iOo-iq. ri."units-on tne east. Thus keeping the sarne number
of units as orlginally for renting purposes.
cont..
-.r pagB z O
In concluslon, we feel that thls request wilt not have any,detrinrentaleffect on the nelghborhood ln any riy. tfe vould like to wbrk with thetoyn ln any Hay to reach a mutually satisfactory end.
Archi tectura l. Des! gaer
a
-l,lelghboring Property 0|t
'1. Vail Athletic CIub 476-0700
352 E. l,leadow Drive
Vall, C0 81657
2. .Vorlaufer (l'lanaged by Brandess-Cadmus Real Estate 476'1450l
385 Gore Creek Drlve . 2 \-;.1 Sr., a^ .L-
3. Apollo Park Lodge t$76-5881
442 South Frontage Road East
Vall, C0 81657
4. Apelto Park Time Share 476-0079
442 S. Frontage Road llest
Vail, C0 81657
5. Tyrolean Restaurant & Lounge 476-2204
400 E. Meadow Drive
Vail, C0 81657
6. Tyrolean Condominiums (Managed by Brandess-Cadmus Reat Estate 476-1450)
400 E. Meadow Drive ZL, ,6- |,-
Vall, C0 81657
7. Vail Tralls (tlanaged by Brandess-Cadmus Real Estate 475-1450)
413 Gore Creek Drive z ): i t3" LVail, C0 81657
o
, LEGAL DESCUPTIOIi:
.A poreel of land lytng tn Trect Br VAIL VILLAGE FIRSI ULING,Tortn of Vai1, Councy of Eegle, gtatc of Colorado degcr{bed ae:
Co-",1,!octng at the Northeagr Corner of eald Ttrac! B, thcnceS 10'14'00" tJ 198.J1 feet Eo the SouEhwest corner ihereof;theoce along the Southerly llne of aald Tract B on thefollovlng two ses1e6": (1) N 79046100'.r !J 170.00 feet and(2) S 74916.00t' W 100.00 feeti thence N 9rl0'07'r W 41.67 feecthence s 88"27111" tr 7s.2r fect to rhe true polnr of beginnlng;thence-continulng s 99.27'11.', W 5.95 fCbt ro tlre nasteriyIlne of Gore Creek Drlve as ehoe! on tlre plar of Vall VfilageFlfth Fl11ng; rhenc€ S 27013'37" E 90.46 feet alonr saldEt6teri-y line and EasterLy l1ne extended; thence N 57c24'60" E5.39 feer; lhence N 27,c13"37" W 77.37 feet ro the true polntof beglnnlng contalnlng 423,41 sguare feet or0.@97 acres noreor legg.
CERU?ICATION! I certlfy thar tbe above plst and legeld-ctcrlptlon rere prcprred by roe aod trodgr uy aupervlalon eodChat both 1r€. lfrcurate to the be6t of ,i knorluae".- !h8t Ooan ar.._*ffiurate to rhe be6t of uy knorrledge.
'&iHbk- *.u .,).r),.#
\
50
t
I
red Profesrlooal Eogtneer
Surveyor No. 2183
I
I
I
Iil.r No. U0lll).j119
s0H[:Dul.r: A
t'('|)u
Amorrnt
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NOTrI Af;f;tIIlI'TION ANI'
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- NoNs -
,f331 trIIl
Flt* No. VUOO3li;t
t'r'fu .No. ltll9tttTl
o
{.;
LAw OFFTcES
CosoRrrr, DuruN & FRENcH,
P. O.Box 34o
VArL, CoLoRADo 8t658
(3031 476-7552
14 November l-984
LEADVILLE OFFICE:
F. O. BOX tl
LEADVILL E, COLORAOO EO45I
(303) 446- teA5
BRECKENRIDGE OFFICET
P. O. BOX saa
BRECl(ENRTDGE,COLORAOO AO4e4
(303) 453.2901
PC.
PETER COSGFII FF
.,O HN W. DUNN
ROBEff H. 3. FRENCH
STEPHEN C. WE3T
TIMOTHY H. BERRY
AFI?H UR A. AEPLANALFI JR.
JOHN B. WOOD
Planning & Environmental
Town
75 S.VaiI,
Comrnission
of Vail
Frontaqe Road Wes
Colorad
Re:Cornice Building
This office represents Dr. Walter Huttner, owner
of the Cornice Building in Vail.
In 1979, Dr. Huttner applied to the Planning
Commission for a variance related to parking and lot
set-back for the Cornice Building, in order that he might
convert four second floor units to a single residential
unit. While the Planning Commission denied the application
for a variance which would have permitted parking on the../^ -./bt<,..,premises, the Commission granted the set-blck vaiiancelnilWpermitting the proposed expansion of the property.
During the course of the hearing on Dr. Huttnerrs
application, a discussion occurred regarding the imposition
of an employee housing limitation on use of the first-floor
residential portions of the Building which were then in use.
A copy of the minutes of the Planning Commission meeting are
enclosed. Dr. Huttner agreed to keep the Building as
on an employee housing agreement which was to be arrangedwith the Town of Vail Attorney. The employee housing
agreement was never negotiated or reduced to writing' but
during the past five years, as a result of Dr. Huttnertsdesire to make improvements to the propertyf the issue has
arisen once again.
employee housing as long as he owned it, and agreed to -adeld iestrictioi, which-he fett would proiiilE--€IET6i-n--withffi"i." titit i!i""*""t. Iuee-jqerze& ,/t/n../*suggested that thp-FFriod of.corunitnenf shorll.r he extenged
5e-yo-riffit. Huttneg]gggllp*- Accordingly, the Planning Xc rt/ q
ovai of the let-back variaice7 2,,r4-
o
Planning & Enviromental
Commission
14 November 1984
Page 2
ft is the position of the Vail Department of
Corununity Development that the employee trousing agreement is
.to be of indefini"te d.uration. Dr. Huttner has maintained
a l'- -r',)ttre employee-housing use of the portion of the Cornice-#'f'**lBuilding i.rsed as emiloyee-housin-g in 1979 from that time to
U ' !t-- --^-^- r !r-----r- r r .: - -----^-!r .La- ^ -^^.1 r-.: ^- ^€the present. Althouch it is arentl
the VaiI DepartmEil:F-of,Efrr"u-nitv DeveEs.usr_nq ].s no ronqer a Dr. Huttner
n requested to execute an employee-housing agreement
which would effectivel-y bind the property for atleast
twenty years. In view of the gpgte4t-ambiguitylof the 1979
conaiii6n placed upon the cornffiod faith
demonstrated by Dr. Huttner is preserving the;:3lil;';l?Hl:'"1i". 6.s-
lown; the neighboring properties and Dr. Huttner by
improvements to the Cornice Building inconsistent v"ith
coirl-Lggi-rrs--enployee housin9 lEe ., or ] @trat
L;H'*ry
/ffi';z
4a14.-?
I
I
I
I
I
Ehe Planning and Enffi-ffienfa ss10n e].tner
co
ous g requirement to the riod which D Huttner
pro
eIIeve e hous
soe
We request the opportunity to discuss these
concerns and considerations with the Plannin
mental Commission at vour earliest
Arthur A.
AAAJr: ggt
Enclosure
75 Boulh lrontage road
yail, coloredo E1657
(303) 476-7000
0ctober .|9, 1984
Dr. }lalter Huttner
4545 E 9th Avenue
Denver, Co 80220
olllce of communlly dcveloPrnent
Cornice Building Employee
Housing Agreement
Dear Dr. Huttner
I am enclosing the employee housing agreement for the
Cornice Building. I would apprec'iate it if you would
and return the signed original to me. The Town will
with the Eagle County Clerk and Recorder's office. I
a copy to your attorney, Mr. Art Abplanalp.
Sincerely,
Kt,t*n {.'*+
Kristan Pritz
Town Planner
KP: br
3 units in the
sign the agreement
record the agreement
am also sending
:i
75 .oulh trontage rcad
Yail, coloredo Ei657
(303) 475-7000
October '17, 1984
l'lr. Art Abplana]p
P.0. Box 340
Vai'1, Colorado 8.|658
offlce of communlty dcvelopmcnl
Dear Mr. Abplanalp,
Enclosed 'is a copy
agreement. Please
Si ncerely,
of the Cornice
ca'l'l me if you
Re: Cornice Building
Bu i l d'i ng' s empl oyee housi ng
have questions.
K'r\*,' 3,h
Kristan Pritz
Town Planner
KP: br
Encl .
AGREEMENT
THIS AGREEMENT dated the l6.th day of October, 1984, by and between THE TOWN
0F VAIL, C0L0MD0, hereinafter r-eferred to as "Vail" and the owner of the Cornice
Building, hereinafter referred to as "0wner."
WHEREAS, Vail has requested that certajn restrictjons regarding three (3)
employee unjts be placed on the Cornice Building, hereinafter referred to as the
Subject Property.
NQW, THEREFQRE, for the sum of Ten Dollars ($10.00) and other good and valuable
consideratjon, the sufficiency of which'is hereby acknowledged, the parties hereto
agree as follows:
'l . That portion of theground level on the subiect property comprised of
three (3) dwelling units each- hav'i ng a sleeping area and kitchen and approximately
200 square feet (referred to as Employee Units) sha11 be used exclusively as 9m-
ployee housing un'its and shall not'be'sold, transferred, or conveyed separately
from the rema'inder of the Subiect Property.
2. The three (3) Employee Units shall maintain a minjmum square footage-
of 200 square feet per unit,'however, the configuration of the units may be altered.
3. The three (3) Employee Un'its shall not be leased or rented for any.p_eriod
of less than thirty'(:O) coniecutive days; and, jf it shall be rented, it shall
be rented only to ienants who are full-t'ime employees in the_!.lPPer Eagle Valley.
The Upper Eagle Val 1ey shallbedeemed to jnclude the Gore Valley, Minturn, Red
C'l iff', Gilman, Eagle-Va'i1 and Avon, and the.surrounding areas. A full-time employee
is a person who works an average of thirty (30) hours per week.
4. The restrictions contajned herejn shall remain in effect for a period
not more than 20 years and the life of Trent Ruder from the date the certificate
of occupancy is 'i ssued for said unit.
5. This Agreement shall be a convenant running with the land and shall bind
the 0Wner, its heirs, SucceSSOrS, and assigns, and al1 subsequent leSsees and
owners of the Subject Property.
TOWN OF VAIL, COLORADO
Rondall V. Ph'i llips, Town Manager
By:
Dr. Huttner
0wner, Cornice Bui lding
ATTEST:
Pamela A. Brandmeyer, Town Clerk
\: .Thd V.i! VitLglf ,ltocembor lA 1974
Town council heors first zoning oppeol
Ernst Larese is ang4r over stop-work order. ,
excessive drainage caused'by the town with the
building of the road by his
apartment building in re-
gard to the parking struc-
ture and repaving o{
another road by his apart-
ment building.
In his appeal, Larese
pointed out the town law
allows him to maintain his
property- Toughill agreed.
adding that it does only as
long as improvements do
not expand the amount of
nonconforming use ol the
properry-
Toughill said the real
that the cars
the Corniceparked in
Apartments are required to
back onto one ol the busiest
streets in town.
She noted the town does
not like to issue stoD-work
orders and that "we at-
tempt to work with people if
there are oroblems."
Larese, however, felt the
town was "treating me like'a drunk Indian" by not
allowing him his right to
maintain his property. He
{urther - alleees the town
government is "harassing"
him so he will-be forced to
sett his building at a low
price to the town.
Larese claimed the town
wanted to buy the property
because ol the new parking
structure and does not
wbnt him to improve the
building.
The town has said it is not
now interested in acquiring
the land, but was consider-
ing it at one time.
by Peter Eicistaedt
Vail's first zoning appeal
was heard last night by the
Town Council, and was
submitted by Ernst Larese,
owner of the Cornice Apart-
ments.
Laresse was issued a
stop-work order Dec. 10
under the authorization of
Town Zoning Administrator
Diana Toughill because
'lparking lot construction
(was) not approved and a
olan was not submitted" to
the town government.
Toughill contended Lar-
ese was building a parking
lot on the Cornice Apart-
ment property and was-
therefore adding
nonconlorming use
property.
The property was labeled
nonconforming because the
use and density of the land
does' not fit the zoning
which the .town goverment
placed on the land in 1973.
Larese was stopped by
the town while he was tn'the middle of spreading
gravel on the ground sur-
rounding the Cornice. He
did not deny he was build-
ing a parking lot there with
the gravel, but contended it
was his right since the
building has been there for
many years and drivers
have always parked there.
This, he claimed, put him
under the "grandlather"
clause oJ law, which ex-
cludes a law from being
applied retroactively.
His legal appeal slated he
"sought to maintain and
repair the premises suf-
rounding said building by
placing thereon gravel lor
the purpose of eliminating
the boggy and muddy con-
dition of the ground and to
ameliorate. the eflects ot
water drainage from the
surrounding municipal pro-
perty. . . "
Larese said his property
has suftered the effects of
to the
o{ the
:i,
. .lu! o! a good tront with Hang Ten's Essex. Ahigh fashion shirt jacket of luxurio-us Trail Skin thatlooks lik6, feels like and wears like leathor. Hand-
somely detailed with checked gingham and smartcontrast slitching. Simple eleganc-e. . . in brown,
chamois or navy. Siz€s S, M, L, XL.. . $4S.OO
h&
COIORADO'S GREAI SI(I COUNIRY CIOIH'ER
Glenrrrlood Springs
s,lHx*rl;1,,
"'"";;;;il;"''*
in
'ui;ry&+:A
outerwotr
Crossroods
}
a /:\'\'; \it
r .'j''
t;'LAW OFFICES
COSGRIFF, DUNN & FRENCH, P. C.
P. O. Box 340
vAlL. COLORADO 8t 654
13031 476-7552
PETER COSGRIFF
JOHN W. OUNN
ROBERT H. S. FRENCH
STEPHEN C. WEST
TIMOTHY H. EERRY
OAVID H. MILLER
ARTHUR A. ABPLANALP, JF,
JOHN B. WOOD
LEAOVILLE OFFICE:
P. O. BOX 11
LEADVILLE, COLORADO 8046I
13031 486-18€5
BRECKENRIDGE OFFICE:
P. O, BOX 5A€l28 Februarv 1984
et-I-u-9*tstei-nsonc-i_.s!.anilglth"-yh.+!--W-*"Town's goalF.. While the structure
(3O31 u153-29O1
Mr. Peter PattonDept. of Community Development
Town of Vail
75 S. Frontage Road WestVail, Colorado 8L657
RE: Cornice Buildinq
Dear Peter:
As I hope you were advised by your receptionist, I
cancelled our recent meeting regarding the Cornice Building
because I vras unable to prepare the specific proposal which
you requested if we were to discuss once again the
alternatives for that structure. It is my hope that Dr.
Huttner's desires regarding this building might be
satisfactorily conveyed to you by this letter.
Dr. Huttner desires to modify the Cornice Building
in a manner which he believes will benefit both the Tovrn of
Vail and himself. As you are undoubtedly aware, the
structure is now occupied by a residential unit occupyingthe entire second floor, three small residential units, and
one commercial unit occupying the lower floor, each of which
contains approximately two hundred square feet. The
residential units have been a continuing source of problems
for Dr. Huttner because of the difficulty of obtaining
reliable tenants for the residential spaces. Dr. Huttnerrs
efforts to manage this portion of the structure in the
manner requested by the Planning Commission in 1979 have
been met with continual problems of delinquent rentals and
vandalism. Additionally, the occupants of the structure
create pressure on the area and make demands on the parking: i \'.'
\,'
l r'l',, ., ',rl tant with what we-TnEEES€EfrT to -be -fhe
i;"'tle-=tiuctuit* lrre-size- of the cornic,Town's goalF zG--of the Cornice
Building is, by its very nature, inconsistent with the use
of adjoining properties, the parcel upon which the structure
is located effectively limits the amount of expansion
available, and further makes unrealistic the demolition of
the building and the construction of a new structure more
consistent with adjacent property uses.
I
It .
r^-
uh l' ,nn
for,4a?
ry{,\,d
Mr. Peter Patton
February 28, 1984
Paqe 2
Absent the ability to either reconstruct the
improvement or expand the structure in a manner consistent
with adjacent properties, Dr. Huttner has concluded that the
most logical method of renovating the building, consistent
with his needs and the concerns of the Town of Vail, would
be the conversion of the lower half of the structure into a
single residential unit, thereby consolj-dating the three
existing resi-dential uni-ts and the commerical unit into a
single us_e--o By this proceedure, Dr. Huttner would eliminate
the rnuTfiple residential use, and the attendant parking
demands, associated with present uses, and would also
eliminate the commercial use which you have indicated the
Town feels inappropriate for this location.
In order to reconstruct this building as an
attractive addition to a heavily traveled area of the Town
of Vail, Dr. Huttner would also request that the lower floor
.be expanded under the oveqlr44gl-e-neloae-d *i:r*L949, in order* -.. :-- *-'--. - '-to-€timinate on-going problems which have existed in
association with ice accumulation and drainage. It is our
understanding, based W)oniour past conversations, that there
remains approximately{.610 square feet of area available
under the gross residential floor area formula applicable to
this building. The proposed changes illustrated on the
enclosed plat, would create approximately an additionaL 469
square feet of residential floor area, based on external
measurements. Vq-51q4ge_s_{9gldr. of -course? be- necessary in
order to expand Ehai-lohrer -floor, but these variance.s would
simply be related to set-back.
In association with the improvements of this
property, Dr. Huttner would propose to divide the Propertyinto separate ownerships, perhaps by an imaginative Partywall agreement, but more likely by the creation of two
condominium units, an upper and a lower unit with common
ownership of the lot. An alternative to the creation of two
units would be the creation of one single-family dwelling,
which would be subject to a remodeling generally similiar to
that which we have proposed for a two-unit structure. While
this proposal would be less desi-rable from the owner's point
of view, it does represent an alternative to the creation of
two separate units.
You will find enclosed a eopy of the improvement
survey locating the Cornice Building on the lot in question'
indicating the portions of the lower floor which Dr. Huttner
wishes to expand. I hope that this information may be of
assistance to you in analyzing this request.
,r'F*7
)
Mr. Peter Patton
February 28, 1984
Paqe 3
It is our feeling that the modification of the
cornice building suggested by Dr. Hutlner will inprove the
appearance of this area of the Town of Vail, while lessening
the impact of the present use of the structure. Recognizing
that the Cornice Building is one of the original
i-mprovements of the Town of Vail, and that its deterioration
under present use is most undesirable for both the Town andthe buildingrs ov/ner, his proposal is one which would seem
to benefit both the Town and Dr. Huttner.
I hope that wethis proposal within the
AAAJr: ggt
xc: Dr. Huttner
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PETER COSGRIFF
JOHN W. OUNN
ROBERT H. S. FRENCH
STEPH€N C. WEST
TIMOTHY H. BERRY
DAVIO I{. MILLER
ARTHUR A. ABPI-ANALB JR.
JOHN B. WOOO
LEAOVILLE OFFICEI
P.O.BOXll
LEAOVILLE, COLORADO g046I
(303) 486-1AA!
BRECKENRIoGE OFFICEt
F. O. BOX saa
LAw OFFrcEs
COSGRIFF, DUNN & FRENCH, P. C.
P. O. BOX 340
VAIL, COLORADO A 1658
(303t 41e-7552
May 31, 1983 (303' 453-2901
Mr. A. Peter Patton' Jr.
Zoning Administrator
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
Re: Cornice Buildinq
Dear Peler:
As you will recall, on the 18th of october of fast
year, or. walter Huttner and I discussed with you the a11owable
gross residential floor area available to the cornice Building,
and the question of whether additional floor area was possible
under the GRFA Regulation. My notes indicate that we determined
t.hat the tract upon which the Cornice Building is located
includes 3t659 square feet. Under the Town of Vail Zoning
Regulations. the allowable GRFA is 608 of the lot area in
the zone district in question, or 2,L95.42 square feet. My
notes also indicate that we determined that there presently
existed a total of 1'585.5 feet in gross residential floor
area in the Cornice Building, including 576 square feet on
the ground 1eve1 and 909.5 square feet on the second level.
Based upon these calculations, my notes indicate our agreement
that, a! far as the gross residential floor area ktas concerned,
the Cornice Building is permitted 610 additional- square feet
under the GRFA formula applicable to this Iot. Naturally'
the property has other difficulties with reference to where
the ad.ditional square footage may be constructedr but I am
d.ealing at this time only with the question of allowable
GRFA.
These calculations' you may recall, do not take
into consideration the credit available for storage space,
nor is the floor space having a ceilinq of less than six and
one-half feet. whilh includes the loft and basement of this
sLructure, included in the catculations charged against the
building's allocations. Additionally, the calculations of
existing floor space are naturally based on our measurements.
and in the event our measurements of the floor space are
incorrectr it would be necessary to adjust the GRFA figure
which we have used accordinglY.
Mr. Peter Patton
May 3L, L983
Page Two
As I recall, we both kept copies of our Octobercalculations in order that the owner of the Cornice Buildingmight be certain of his standing in relaLionship to GRFAregulations. Dr. Huttner has now advised me that thearchitects with whom he is working have been informed by the
Town of Vail that no additional GRFA is permitted at theCornice Building. If the ptanning staff has arrived atcalculations different those which we discussed, please
advise me of the basis for those calculations in order that
we might all be relying upon the same figures. If thecalculations which we discussed in October are, in fact,correct, I would appreciate the courtesy of your signatureto this letter in order that we might confirm in writing theposition of the Town.
AAAJr/d19
R4
cc: Dr. Walter Huttner
Approved:
Peter Patton
George Rosenberg
Alltxrrey,rt l,arv
P. 0. Box 241I
Vail. Colorado 81657
(303) 949-420t)
Novedber 27, L978
DEI-,IVERED BY HAND
Town of Vai-l
Department of Communi-ty Development
Vaj-l Munj-cipal BuildingVail, Colorado
Attn: James A. Rubin, Zoning Administrator
Re: Application for Conditional Use Permit-
Cornice Building, a portion of Tract B
Block 5, Vail Village First Filing
Dear Mr. Rubin:
This office represents Dr. Gerald Renner, Lakewood, Colorado, the
soLe owner of the Cornice Building, located within the Town of Vail.
It has come to the attention of our client that Mr. ,fames M.
Palmer has filed the above referenced application with the
Town of Vail-.
As you are probably aware the Zoning Title for the Town of vailrequires the applicant for a conditional use permit, if not the
owner, have the permission of the ouner to make application andact as agent for lhe owner.
Please be advised that Mr. Palmer does not have the permission
of the owner of the Cornice Building, Drl-Renner, to make the
above referenced application and,/or to act as Dr. Renner's agent
in any respect with regard to this matter.
Therefore. we would appreciate your withdrawing the above referencedapplication and canceling the hearing on same set for November 28, 1978,
Thank you for your attention to this matter.
hb
cc: Gerald Renner, D.D.S.
Jame s M. Palmer
rely,
Re: Conditional Use Permit Requestfor expansion of Real Estate Officein the Cornice Bui1ding
Dear Mike:
At the request of Dr. Gerald N. Benner through his
attorney, your Conditional Use Permit application has been
wlthdrawn. Part of the application process requires the
consent of the o$rner of the building, and this.was not given,
A check for forty-three dollars and seventy-six cents
($43.76) is being proeessed and will be forwarded to you,
a refund on your application fee. The aruount of six dollars
and twenty-four cents ($6.24) has been deducted to cover the
cost of publication.
If and when you do receive the permission from the owner,
please let our department know and we will start the process
again.
box 100
vail, colorado 81657
(3031 476-5613
Mr. Michael PaLmer
Box 3628Vail, Colorado 81657
JAR/eew
cc: George Rosenberg,
Attorney at Law
department of community development
13 December 1978
Sincerely,
ii- a D n-Y'a t^ ^ .+- a . lt ''frQvr,^%) F l! v"v\-^
.l-ames A. Rubin
Zoning Administrator
o
box 100
vail, colorado 81657
{303) 476-5613
James [I. Pa].mer
Box 3628
Vail-,' Colorado 81657
I}ear Mr. PaLmer:
Enclosed is a copy of the Minutes of the Plannilg &
Enviornmental Commission meeting of December L2, L978.
These record Dr. Rennerts request that your applicationfor a Conditional Use Permit be withdrawn.
ENC
department of ccimmunity development
December L4, 1978
luwn n
'"'T-"
box 100
vail, colorado 81657
(3031 476-5613
George Rosenberg
Attorney at Law
Box 2411Vail, Colorado 81657
Dear Mr. Rosenberg:
Enclosed is a copy of
Environmental Commiss ion
These record Dr. Renner'sa Conditional Use Permit
department of community development
t4 December 1978
the l,4inutes of the Planning &
meeting of December 12, 1978.
request that the application forfor Mike Palmer be withdrawn.
ENC
638 W. Lakeridge Road
. Denner, Golorado A@27
Novernber 18, 1978
tlr. George Rosenberg
P.O. Box 24tlVail, Colorado 81652
Dear George:
As the sole owner of the cornice Buildirg in vail, r r,rould like youto represent ne at the Town of vail planning ard EnvirormentalComnission Hearing on Novqnber g, lg7/g at i:OO p.m.-
r have mt authorized Janes lrrl. palmer to appry for a corditionaluse Pernit for the expansion of his Rear Eilale office in the corniceBuildirg.
dL-+-i47@)-' Gerald N. Renner
MINUTES
PLANNING & ENVIRONMENTAL COMI,TISSION
MEETING OF: December 12, 1978
MEMBERS PRESENT: Ed DTagCT
Pam Garton
Ron Todd
Gerry lVhite
Roger Tilkemeier
Sandy Mi11s
Jim Morgan - Absent
STATF PRESENT: Jim Eubln
The first item on the agenda, Mike Palmer Real Estate
Office, Bequest for ConditionaL Usq Permlt to expand offic€ space.
Beth Rlggert, an assoclate of George Rosenberg, Attorney,
was present to represent the building owner, Dr. Renner. He has
asked that the application be withdrawn. A letter was presented
to the Commission for their review from Dr. Renner outlining
his request for withdrawal of the application. No formal Motion
was needed.
The second item, Vait Mountain Sc@
Town Council hea@.
Jim Rubin explained that the Councll upheld the Planning
& Bnvironmental Commission decision on the Vail Mountain School,
with the condition that the building be moved as shown ou the
revised site p1an. The cabin on site wil-I remain in its existing
Location. The school. building will be moved further from the
closest residences, the lYhite residence and others which are
Located at the top of the hill. The Planning & Environmental
Commission reviewed the revised site plan. The Llotion was made
by Pam Garton to approve the revised site plan for the Vail [Iountain
School- as reviewed by the Commission. Seeonded by Gerry lYhite,
the Motion was unanimously approved by the Commissi-on, Roger
Tilkemeier abstained because of a conflict of interest.
The thi.rd item on the agenda,I (Vai1 Fire Protection District).
Fire Chief Gordon Swanson was to address the Commission but
he was not present. NOTE I'ROM JIM RUBIN: This matter was discussed
on an informal basis later on during a work session and the Planning
& Environmental Commission did not objeet to the proposed sale.
The lrlotion was made to adjourn the Public Hearing by Gerry
White, seconded by Roger Tilkemeier and unanimously approved by
the Commission.
Meeting adjourned at 3:25 P.M.
I
box 100
vaif, colorado 81657
(303) 476-5613
ldr. James M. Palmer
Box 3628Vail, Colorado 81657
Dear l[r. Palmer:
P1ease find enctosed. the
& Envj.ronmental Commlssion meeting
As you are aware, at the request of the applicantyour request for a Conditlonal Use Pernit was postponeduntll the PEC hearing schedul-ed for Tuesday, December 12, .I9?8.
PLease come to the Municipal Building, Council Chambers, at
3:OO P.M. on this date.
ENC
luun
department of community development
4 December L978
Minutes of the Pl.anningof November 28, 19'18.
'''-"4
},{INUTES
o
PLANNING & ENVIRONMENTAL
l'{eeting of November 28,
COIIMISSION
L97B
MEMBERS PRESENT:
STAFF PRESEI{T:
Pam Garton
Sandy Mi1ls
Ron Todd
Ed Drager
Gerry White
Roger Tilkeneier
Jim llorgan
A11en Gerstenberger
Jim Rubin
l{umber one on the agenda, Request for Conditloqqf liqg lesrnllto expzrnd Mike Pal.mer Real llstate Office in the Cornice Building.
This matter lvas postponeci at the request of the appllcant until
the Deeember 12, ISTB meeting of the Planni-ng & Environrnental
Commission. Boger Tilkemeier and Jim Morgan.were not present
for this natter. Gerry Ifhite ma"de the Motion to postpone
the request for Conditlonal Ilse Permit by the llike Palmer Real
Estate Office expansi-on in the Cornice Building at the applicant's
request to the Planning & Environmental Commissi-on meeting on
December 12, 1978. Seconded by Eon Todd and unanimously approved.
The second item, 'Iyrolean Inn - Request for Distance Betlveen
Bgildings Variance. Jim L'lorter, Architect, explalned the plans
for this proposed aCdition to the Tyrolean Inn, Jay Peterson,
Attorney at Law, representing the appllcant, went through the
technical aspects of the Zoning Ordinance with the PEC. If
this variance is not approved, the addition would have to be
built four floors in height and would not fit into the nelghborhood
as well as the plans as proposed (Par'king below grade and another
3 floors).
Gerry ilthite questioned l\{r. Peterson on the parking. }dr.
Peterson explained that the addition will have 7 condo unlts,
and there will be 19 covered parking spaces provided, 13 of which
vril1 be reserved for the condominium owners and the rest will be
parking for the restaurant. .However, Mr. Peterson feels strongly
that people should not be encouraged to drlve to the restaurant
as the Tyrolean Inn is so close to the pedestrian Village.
Pam Garton asked whether any of the condos will be long-term
rentals? Jay Peterson said no, but that in the downstairs of
the Tyrolean Inn, there will be dormitory rooms to house some
of the Inn's employees.
After further discussion, Pam Garton made the llotlon to approve
the request for Distance Betrveen Buildings Varj.ance to permit an
addition to the Tyrolean Inn as outlined in the Department of,
Community Development memorandum dated I'lorrember 24, 1978. Roger
Tilkenreier seconded the Motion. Gerry I[hite added that he would
ask that the principals not return in the future for a Parking
Vari.ance,
?g. 2
Minutes - Planning & Environmental Commission
Tbe Cornmlssion voted unanirnous approrral .
LL/28 /78
for The third item on theConditional Use permi.t agenda, Val1to a1low the
e r Mai-ntenance Facilit Si te
. lh1l Ordway was present to represent this request from VailAssociates- The purpose of this request is their need to havethis additional space for offices to house personnel. There willbe 7 emproyees using the office space during regurar businesshours who are part of the construttion g"orf, tnit witt be re_located to Beaver creek in the spring. -vail Associates will
?-greg to a' expiration date as a condition to the approva.l ofthe conditional use permit. These employees will be- working onvail projects durlng this vrinter, and it makes i.t advantageousto have them in close proximity to the v111age and LionsHead.Mr. ordway explained that he can't give an elact timetablefor putting the trailer at beaver cieek, but they intend to relocateit sometime next spring. The trailer will be lotated in a cornerof the maintenance facility 1ot.
sandy !.{i1Is asked whether they had tried to obtain officespace in Town so they would not have to add to the congestionon this site?
l.{r. Ordrvay explained that eost is a big factor. Theywould only need the space for 4 or. b months and would have tosign a lease for a year for any space available in Town. Heexplalned that the vA staff has grown to the point vrhere theiroffices in Llonsllead wi1l not hol-d anymore pelple.
Sandy Mills asked whether it might be possible for VailAssoeiates to come back again for this type of condi.tional usePermit under sirnilar ci_rcumstances?
l.Ir. Ordv.'ay stated they would not have asked for this CUpif it had not been a temporary situation. There will beapproxlmately 25oo sq. ft. of office space available in Lionsl{eadwhen they move personnel to Beaver Creet.
Pam Garton asked whether vA will be bringing in a landscapeplan for this site to DRB soon. Jim Rubin saia irrat DRB isScheduled. to see this plan. parn added that she feels the fencearound the site is.not adequate and is in really bad shape.
Mr. Ordway assured the Cornmission that the landscaping andbermi.ng w111 be done as approved by the Desj.gn Review Board and asstated in the I{eavy Service District requi-rements.
Gerry Mite felt that perhaps the approval of this CUpshould be conditional on their cleaning up the site right away.l'!r. ordway feels the timing is bad for any early l.andscaping orthorough clean-up on site. Ilolever, with the completion o{ thenaintenance building, much of the materj,als sitting
Associates.Inc. - Relacine of a trailer
..,1,
Pg. 3.
Minutes - Planning & Environmental Commission tl.128 /78
outside wil"l be moved inside, and this will take care of much ofthe problem.
Pam Garton made the Motion to approve Vail Associates, Inc.request for a Conditional Use Permit to a11ow placing a trailerin the corner of their maintenance facility site wittr a deadlinefor reLocating the trail-er to Beaver Creek of May 15, I97gand as set forth in the memorandum prepared by the Department of
Communlty Development dated November 24, 19?8. Seconded byRon Todd.
Gerry White asked that an addendum be made to the Motionstating that the site will be cleaned up as soon as the maintenancebuilding is completed and that material_ which is stored outsidewill be stored in the building.
. The Commission voted 4 for approval, Sandy llill-s opposingand Roger Tilkemeier abstaining because of conflict of interest.
The next
Variance for
1tem, Sheehan Thomas -Request for Buildin Bulk
44 unit pro ect known as I'Courtside'in Bi hornUnplatted.
Craig Snowdon, Architect, is representing the owners ofCourtside. He explained that they own 9.15 acres, 5! acresof which are in Moderate High Hazard Avalanche Zones.
They are requesting this variance to a1low a buildinglength of 120 feet, and a diagonal dimension of 130 feet.
He showed the plans to the Commission. He wants to keep thebuildings lorv and construct them outside the Hazard area. Thereare to be three building groups which will require this Variance.
The project will be phased and the first phase will be for 9 units
Pam Garton advised the Commissj-on that Design Revj-ew Boardhas seen the plans and encouraged the owners to come in forthis varj.ance as this will allow them to stay out of the Hazard
Zone.
There 1s a proposed land trade
sonsidered with l{a1ter Kirsch (Vai1restriction for tennis courts to beis not buildable because of the mudbut there has been no commitment aswill be built.
The owners ( Sheehan/Thomas ) stated that in regard to the
drainage situation and water florv, they are planning to drainthe water off and construet holding ponds. They are workingwith Gingery & Associates on this project.
(or land lease) being
Racquet Club), with a deed
built on the acreage that
slide area (Hazard Zone),
to the time when the courts
-t
Dcr 4
llinutes - Planning & Environmental Commission
The Commission memberslease arrangement would beto retain orvnership of all
develop the number of units
would have to come back foroutrlght.
a7/28/78
advi.sed the owners that a landpreferablc since they would havethe land to make sure they canplanned for the project - Theysubdivlsion if the land is sold
Gerry White asked about their plans for landscaping?
The owners stated that the drainage area will- be l-andscaped.
A lengthy discussion ensued relatirze to the proposed
Amendments to the Zoni-ng Ordinance and if this request should
come under the present Zoning Ordinance or the amended Zoning
Ordinance and Ron Todd felt that the Cornmission must base thedecision today on the present Zoning Ordinance. This seemedto be the consensus of opinion.
Roger Tilkemeier aslied Craig Snowdon what the consequences
would be if this va::iance request is refused? Craig statedthat they could drop 3 units and eould shange the site p1an,
but they vant to keep out of the ldoderate Hazard area andretain the trees on site.
Ron Todd made the Motion to approve the Building Bulk Variancefor the project knotvn as "Courtside" located in an unplattedarea of Bighorn and as set fortlr in the memorandum prepared bythe Departnent of Community Development dated November 24, 7978.
Pam Garton seconded the Ivlotion. The Commission voted unanimous
approval.
Nurnber 5 on the Agenda, Amendments to Zoning Ordinance.
The Amendnents to thc Section will
be heard by Council were discussed by staff and the Commission.
Jim Rubin also advised the Commission that there is an error onpage 336, HDIUF which states that lodges are the only permi.tted
use. This should be changed to add l,{ultip1e-Fanily Residential
Dwellings.
Gerry lVhite made the lr,lotion to reconunend the Amendments to
the Zoning Ordinance as discussed and as attached to these Minutesbe forwarded to the Torvn Council for their approval .
Ron Todd seconded the lvlotion and the Commission
voted unanimous approval.
By Motion, the Commission approved the lrlinutes for the
meetings of August 22, September 12, September 26, October 1O,
October 24 and November 14. 1978.
lileeting adjourned 5 P.lU.
o l,a
PUBLIC NOTICE
N0TICE IS HEREBY GIVEN that James M. Palmer, representing the Cornice
Building, has app'lied for a Conditional Use Permit for a Portion of Tract B,
B'lock 5; Vail Village First Filing to allow the exapansion of his Real Estate
office. Subiect property is located in a HDMF Zone District. Application was
made .ln accordance with Section 18.20.030 of the Town of Vai'l Municipal Code.
A Public Hearing will be held in accordance with Section'18.66.060
of the Municipal Code on November 28, 1978 at 3:00 P.l.l. before the Town of Vail
Planning ii Environmentrl Ctrmission. Said hearing will be held in the Vail
itunicipal Building.
TOI.IN OF VAIL
DEPARTI'IENT OF COMMUNITY DEVELOPMENT
+.t-,D-
ames A. Rubin
Published in the Vail Trail November .|0,1978
'l
TOWN OF VAIL
APPI,ICATION FOR
CONDITIONAL USE PERMIT
ApplicationDate llf Z,'^E -
Publication Date
Public Hearing oate ll/
Name of Applicant .Fn u f S
--_----:--. Nn 1. aa.,r-\ A<n ,vcL
Name of owner if dif ferent from Applicant lJf \'L+'/ri' - '- -'- '.
n . A , 'tr "t Plrlailing Address l'. t . l-j v4 -;e- '
Telephone
Legal DescriPtion: Lot , Block , Filing
- = . ,' = = ; ; iIJr4(Ifproperty].SfipE[TEa-ubmjtfretes&boundsdescriptionaSexn
Applicatlon is hereby made for a Conditional Use Permit to a1low:
{t c'-''-..Rua r r.U-sz-
Districtina
APPLICATIoNV{ILI,NoTBEACCEPTEDUNLESSACCoMPANIEDBYTHEFOLLoIYING:
1. Hearing Fee - $50.00 + $1'40 for EACII addressed envelope'
2.ALISToFTHEo\INERSoFTIIEPRoPERTIESwithin300feetinaSingle-r'ami}yResidential;rruo-l'o*ilyResidentj.al;orTwo*tr.ami1y
Primaryiseconaary-nu"iOu"ij-a1 Zone Distrist; or adiacent to
the subje.t ptopl"ty in all -other Zone Districts'
The Owners List sha11 include iht nt*"" of all owners and the
1ega1 description of the properiy owned by each' Accompanying
this 1j-st snaif be pre-a'ddressed- envelopes a19ng with
Certificates anA-n.^t"t" necei-pis ptopt"ly filled out to each
owner. These io"*t can be obtaintd i"ot-the U'S' Post Office'
3. Site Plan, floor plan and other documents as required by the
Zoning Administrator
4. A description of the precise nature of the prooosed use' its
operating cnaralteristics and measules proposed to make the
use compaiible'with other properties in the viclnity'
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AGENDA
PLANNII'IG COMMISSION
September l6' 1976
Vail Associates - Request for Conditiona'l Use Permit for Chairlift
llo. 16 on Tract E, Vail Vil]age lst Filing in an Agricultural zone.
Racquet Club - Request for Building bulk control' height and covered
parking variances to constructe two more buildings.
lledsker Residence - Request for setback variance to allow construction
of a garage.
A & D Enterprises - Rehearing of request for Conditional Use Permit
to convert two dwell'ing units to real estate office.
Cornice - Rehearing of request for Conditional use Permit to convert
dwelling unit to real estate office.
6. Town of Vail rezoning of public property to new public zone
t.
2.
3.
4.
5.
( ) I 1177 t^'j'c'u 'o 5l*/-5 Dry
-)Jve /)t' 4f *trrh/.t&r.
q)
l?,rll| O O ?tqt-tLl'{""
The ipplicant was not willing to wait for a decision until December or January.
Diana Toughill suggested that if the informatjon gathered from the noise meter
were conclusive that both the Planning Commissjon and the Town Council meet
on Tuesday, September 2'l n to come to a decision before the Council Meeting that
njght. Unan'imous approval was heard from the Planning Cornission with the
applicant agreeing as well. Decision on thjs matter was deferred.
CORNICE BUILDING -- CONDITIONAL USE PERMIT
The Plannjng Conmission neconsiidered the request fora Conditional
Use Permit to allow conversion of one dwelling unit of 232 square feet to
a real estate office. The Planning Comrnission general'ly felt that a real
estate office was not appropriate in a primarily residential neighborhood;
however, feelings were mixed regarding how much'impact 232 square feet of
office would have. A motion was made by Gordon Pierce and seconded by Pam
Garton to approve the Conditional Use rpernjt. The decisjon was to deny the
Conditional Use permit with Pjerce, Abbott & Garton voting for and Corcorn, '--
Hanl on, Mi I I s and l^lhi te voti ng agai nst.
The comnission genera'l 1y had no strong feelings pertaining to the
sma1l pu11-off area ProPosed
TOWN OF VAIL REZONII'IG OF PUBLIC PROPERTY TO A NEI'I PUBLIC ZONE
The areas to be rezoned under the public zone were: Antholz' Transportation
Center, Post Qffice & I,lunicipal Bui'lding, S'ite 24, and the School Site portion
of Lot 8. Gordon P'ierce made a motion to approve the rezoning and Bill Hanlon
seconded the motion. The motion was unanimous for approval"
G
o ,t
?
-.-t'r
AGEI{DA
PLANNING COMIIISSION
Auguet L2, L976
1. Vail Racquet CIub - Request for Condltlonal Use Permit
i;;-.1il-including restaurant and bar
2. Cornice - Request for Conditional- Use Permit for real estate
offiee in EDMF zone.
3. Vall East Lodging - leSggsl for rezonlng of-Lot 3' Block 9 and
irl2 of Lot li"ni6ct 8, Bighoru Souaiotslon Thlrd Addition'
4. Crossroads Cinema - Bequest for joint-use parking for 71
additional tbeater seats'
PLANNING COMMISSION
SummarY
August l.2, \976
MEMBERS PRESEM:
Dudley Abbott
Dan Corcoran
Sandi Mil1s
Bill Eanlon
Gordon Pierce
Gerry White
T CLUBVAIL RA
Walter Kirch representing the Vail
Use Permit for the club including
Racquet Club requested a
a restaurant and bar '
GerryWhitemadeamotioatorecommendapprovaloftherequestl
seconded the motion in accordance with staff recommendations'
""i" *"" recorded in favor of the motion'
Gerry White made.a motion to recommend approval of request; Dan
seconded the motion in accordance wittr stiff recommendations'
;;;; *"s t..o.ded in favor of the motion'
Dan Corcoran
A unanimous
MikePalmerandRossDavis,JT',andMalcalmHuntrequestedaConditional
Use pe".it for real estate office in HDMF zone'
Gerrywhitemadeamotiontorecommenddenialoftherequestbasedon
staff recommendations, Bill llan1""-r."""aed the motion; Gordon Pierce
opposed. nequesi-was'aenieA. tte--"*"ets further requested approval of a
driveway which encroaches a streei rlgtrt-of-way and fo fence and landscape
a sma11 sreen beit area' Motion *"t-i"d" bv GLrrv l{hite t9 ::::T1t"d
approval to the C""""if, seconded by Bill Hanlon' Vote was unanimous lo
recommend aPProva1 .
CORNICE
VAIL EAST LODGING
CROSSROADS CINE}I-A
Rod rodd and lterv Lapin requested for ioint-use parking for 71 additlonal
theater seals.
Erlka McCa1l requested rezoning of Lot 3' Block 9 and * of Lot 1'
;1;;k 8, Bighorn subdivision Third Additiou'
Dan corcoran made a motion to recommend approval of request; Gerry lryhite
seconded the notion in aceorAance-witn stalt recommendations' A unanimous
;;;;-;;" recorded i"n favor of tbe motion'
Corcoran
A unanimous
Conditional
Minutes/Regu'lar
7 September 1976
to approve the resolution; Councilman.staufer seconded the motion; a1l present
voted in favori and the motion carried.
RESgLUTISN No. 18, Series of tgZg, regarding the Townts "Goals and 0biectives",
was jntroduced. Mr. Minger explained-that the resolution would adopt the
goifs Statement and so direct iuture policy. The Mayor commended the numerous
people who had spent many hours on thb docirment. Councilman Hejmbach moved to
lppiou" in" resoiution; Lounci'lman Donovan seconded the motjon; all present
voted in favor'. and the motion carried.
With regard to A & D Enterprises'request for a conditional use permit, Diana
i.,ilftiii-i,-piainea tnat ttr! applicand had asked that the matter be deferred to
ttre"Ftanntng Comrnission for finthen study prior to being presented to the Council
blith regard to the Cornice's request.for a
expta'ined that the appficant.also had asked
Plinning Commjssion for further study.
conditional use permit, Ms. Toughill
that the matter be deferred to the
hlith regard to AAA Acme Haircutting Co.'s request for.a-cond'itional use permit'
l,ii. r""6tiir-expruinea-*'ii itre re{uest.was to convert former qlfice. space.in
i6" Uifi Creek bourt-eriiJjng into'a hairdress'ing shop. She added that both
it'e Ftann:ng Commission and ihe staff recommended apOroval .. Councilman Staufer
rovea io upirove the r.qr"it; Corniit1nun Donovan setbnded the motion; all present
voted in tivor; and the motion carried.
}lith regard to the Lodge at Ljonshead's request for a buildinq bulk varjance and
;;;". pi"f,ing-uu"iance-for six cars, lls. i,jughil't ttut"a.that*the Planning Com-
missiolr and ihe staff both recorrnended approial . Counci'lman Donovan moved to
aDDrove the request on the conditjon tnat'it the parking sDaces were needed in
;h;' i;ir;;, ind-*"rt d 'be i nsta'll ed at the- ov''nerts exDense; counci'lman Staufer
ieiondea the motion; al'l present voted in favor; and the motion carried'
Ilith regard to Ms. Jonine M. Hixon's request for a three.foot setback variance
to buj'ld a deck onto-ii.i-""iia.n.", Ms.'ioughi'l'l stated that both Planning Com-
mission and staff r".omunJ.a-ipp".ivat- ioinci'lman Ruder moved to approve the
;&;;;t; d;uncilman-oi"""in-i"i6ha"a the motion; all present voted in favori
and the motion carried.
l|lith regard to East vail Lodging's request for rezoning,^Ms. Toughjll stated
that the request ny.r-io Oou,nione Lot j,-gioci g anO th6 South 1/2 of Lot I'
B'tock 3, B.ighorn rnirJ-nJaii'ion from UouF io ngricu'ltural,.and added that both
planning Commiss.ion unA ii.if reconmendld ipp"6vuf. Couniitman Staufer moved
to approve tne requeill iouniif*un Heimuictr'ieconded the motion; all present
voted jn favor; and the mot'ion carried. councjlman Donovan reouested that in
the future u ""pr.r.ititlr".i;;y;ppii.ini
ue present when the request is
heard before the Council.
lllith regard to Fitzhugh scott's_request for an encroachment onto Town of vail
property for the p.op6i.a viit Rtnfet.ic club, Ms. Toughil.l.stated that the
Spiliiiit iequestba-itrit tne matter be heard at a later date'
l,lith regard to the app'l icant's appeal-of the Zoning Administrator's decision
reqardinq the Riggs house, Ms' Tough'ilt'siiieA thai the appellant requested
if,6-ritt"r to be-leferred until the next meet'ing'
blith reqard to Crossroads Cinema's request for a iojnt-parkino aQreement'
ii"i"rlii"i-"*prii"la that the ioint agriir"ni'"orja i'ltbw sev6n iaojtionat
seats for tne propoiei'[*in il-n"rni. if'l-Cin*l submitted a 'letter stating
that the cinema uni-itt" inopping area would utjlize the same parking spaces
but at d.ifferent t.imes of the day. couniiirin Heimbach moved to approve the
joint agreement; Couiciinan nuael t".oni.a'ltre motion; a'll present voted 'in
iavor; and the motion carried.
}lithregardtotheappointmentofaP.|anningConrnissigl_r:*b""totheDesign
Revjew Board, the pi-u;;i;g comnission "eqr"it"a tnrt member Gerry wh1te be
appointed as the .;;;i;i;9 *qFt of^the'Design-Review Board' Counci'lman
Donovan moved to .il;i;i"fi".-r.r[it"i couttciiman Staufer seconded the motioni
"ii-p",it""t-voted ih tuuo"; and the motion carried'
x=
l_,
476- t3?o 476'€/0{
Ar-d lrl, / /. ,< -tn-2rt 4'/,,- a; da't
/. d/A *, 4 /.(/n J t*rd
5. *fr/-,/,*".* b;g. /'#ropo
6*-4-- >/o+ s/r.rr. ry r,"ri/ ..lz-.r-*6o , U* ,*J a/rfr /*/-*Tt,4a'*< fuWfd
Z?p?-- , bx z?pz = 3r(o7ofi
/L_rvrue(
,(a
vail, colorado 816F7 303 5613
Augus-t 21 ,
box 1oo
t973
DC.
MEI''lORANDUM
T0:
FROI,I :
Tofii.l ccul{c tL
KENT RCSE
J ll't LAl"iCi'll-
D IAI.,IA TOUGH ILL
comprises approximately 50f, of the floor area. Secl.ion
rEggslg_lJ.RKtNc vAR IANCE F
After careful consideration of the proposed variance, theTown staf f strong ly recommends d isapprova I of the subjectparki ng va r iance request.
The proposed use which makes the variance neces!tary is notpermitted under the new zoning ordinance in a public Accom-modations zone. The owner, Mr. Larese, is proposing to usefhe f irst f loor of the structure as a restauranl.. inis
item ( l) of the ordinance allows eating, drinking, anddining facilities in a P.A, zono ro occupy no more than
7 "nn
LV /:tof the gross f loor area of a structure.
ln order to change the use of the structure, the owner mustapply'for a certlficate of Zonint compriance, which certifi-cate h,ould be denied as a nonconforming use under the newzon ing ord inarrce.
Nevenber Ir:1971
Hr, ^Claud*- {, Mar"tinF' O. Box I?5
Breekenridgq; Color*de .- .i
Dean Hr:. Hgr^tin: " ; '
?hle ie ,o"rnro* you that g*.; p, .,{. 'cramsrus n**
''
appl.ied fon a zoning vaniance to allow no setbackon the cneek eids and' $ t edtbaek,.on the perrking lotside in orden to enlange the Csrnice Uuilaing. A
10 t setback ie ::equired'.
The Boand of Zoning, Appeals and, Examiners wilL meeton ThunEday, Novenben 12 at g:00 Et.rn. in the Munici-pal Building to heg$l ttrLs.caee; : :: ' ': .
If you wiah to ppoteEt th{c vlriance, please bepresgtl at this meeting on eend your proteat byeentt rt-ed fiIeil.l..
tr truLy , ,.,,j ,
goARD Or tOHIl{g, *?Fsar,s A$D ixergueRs ' '{
Robert'iR.' el*"k
Chairrsan of the Bonl'd
dw-_- r r'
) '
.:
Centified Mail
T0t'tN oF VA I L
BOARD OF ZONING, APP;4LS AND EXAMINERS
I4EET ING OF NOVEIV$5R I6, 197I
Meeting called to o rde r:A. The meef ing was called to orde.6f 9:jO in the Town ofVai I Municipal Building,
il . The follovring members were present: l4essrs. J im Viele,14itch Hoyt, Robert Clark and Ed Struble (ex-of f icio).C. The following guesfs were pr€senr.; l,4essrs. peter '
Cramerus, Bob Lazi er , and Ch uck Rosenqu is-fPast Bus Iness:
A Case B-14-1 I - Chuck Rosencuisf - f,.1 r. Rosenquist pre-
sented a solution for the Boardrs consideration on avarlance which was hea rd on 0ctobe r 21 . He orooosed
tl
ilt.
rails on fhe street s ide of the Creekside buildino tosatisf y the needs of fhe traf f ic f iow as far as handrailsby putf ing one to Andres, one fo -lhe condomin ium area on
rway.
chmond As soc i ates ( Kiandra
hand-
of
lnf na) - FcaArir-
so I ut ions f orthe October 2l
fhe east side of the building, There is also a question'
who is respons ib le for putt ing the railing on the lowerstairs, but Mr-. Rosenquist will mec.f wifh Vail Associatcs'1'o determine this matter. A motion was made by Mr. Vielethat !1r. Rosenquist will be required to use fou r hahdrails--one on the west end at the point where the sta i rs break,two in the center and one on the east en d, The motion was
secon de d by Mr. Fioyt and approved unanimous ly by the Boa rd.The Board wenf to the site to dete rm i ne wh at shou I d be doneon fhe lower sta
B. Case d-lB-71 - R
Bened ict & Assoc iates submitfed a lternativethe circular sta irs on the ca se presented atmeeting. A motion was made by Mr. Viele thaf Scheme Abe epproved. The mot ion was seconded by lvl r. Hoyt and approved
u n a n i mo u s I y .
New tsus incss:
A. Case Z-14-1 | - 14r. l). A. Cramorus - tleques-l for zoning varionce'fo al low no se'f back on the creek side in lieu of l0 t and 5ron the pa rk inE lot s ide in lieu of l0r in order to enlargethe Corn ice building w ith the p resent width dimensions,
The Board first examined the plans of the property of fheproposed va r iance. lf appears thaf the Town of Vail has alease on some of t'he p rope rty on wh ich Mr:. Crambrus has an
opf ion. The Boa rd must dete rm ine who holds the legal
r ight to fhe p rope rty be fo re fhe var iance can be deniedor granted. A survey mus-i- be made of the property and the
co r rect p rope rty lines dete rm ined before any act ion can be
ta ken . The property surveys in ex istence we re re fe rred toMr. Larry Rob inson, Town Aftorney for his opi.nion.Case B-20-71 - Mr. Robert T. Lazier - Request for building
variance to allow non-f ire retardanf wood in lieu of f ire
retardant in noncon formance w ith Sect ion 2005 of the Uni-form Building Code; and requesf to use non-conforming stair
construct ion. Mr, Laz ie r stated that the siding is apprgxi-
mate I y 60t f rom fhe nearest building so th is doesnrt present
a f ire hazard. He then presented his case for the non-
conforming stair. They will put |/2" p lywood fire retardant.
The ent ire sta ir is inside a prestressed concrete sfrellHe also wants fo use the same exte r ior iinish whe re rhe olanssnow stucco. A mofion was made by Mr. Hovt that the variancesbe granted. The motion was seconiied by f.,f r. Viete and ap_proved unanimously by the Boa rdc. case B-2 1-7 i - Gord Peak by vair Associafes - A motion wasmade by Mr. Viele that temporary mechanical wihdow ventila-tion be puf in the chi ldrenrs waiting area immediatelyand that work starf on June i and to be completed by July Ito bring the entire building venting up to ine code standards.'The rnotion was seconded by Mr. Hoyt and approved unan imouslyby the SoardD. case B-23-7 | - Mallory Nottingham - A building variance wasrequested by Mr. Nottingham fo use fire retardant treatedshingles over plywood in Iieu of 5/Br gyp board in a sma||area in his fiower shop. A motion was made by Mr. Vielethat l4r. No.ttingham be required to use fire retardant :
coat ing ove r fhe sh ing les. The mot ion was seconded byMr. Hoyf and approved unanimously by the Boardlv.0the r Bus iness:A. Mr. Strub le b rought up theVail for Avis Rent-A-Car.
f ac i I i t i es of any type rnust
Adjournmenf:A. As there rvas
at ll:15 a.m.
gas tank proposed for ManorA ruling was made th at gasolinego in Heavy 5e rv i ces Zon i ng.
noiother business, the meeting was adjourned
Respectf u I I y subrni tted
TOWN OF VA I L
"f7 ,e Pl:rf ,,':;{' '!;'; **. *' -d-
L *" 1| i *:pe';'. ; ii j$';j.s t;,fu
Ed Struble(Ex-officio)
dw
s#&a '
APPLICATTONTO APPEAR BEFORE THEBg4lD 0F z0NrNG AUiUSr.MttrI----
BOARD OF BUTLDTNG APPEALi'-
4F -\q
r, ?n
vanaance
0f the Va
nom the requrrernents nespectfully neque
1 poning 0ndinance
'' rn making a determination on zoning the Boand considens onryr r. unftr iilS:HB'"3;,:::i,illil:^n::r::g.y;;r;";; B. conpatrbility Jftr iilS:H:, .,: j, l::9 .{?r. ;ir: ;$;3" $",#iI;"::T :":ffinliiili ri;"ui' j:;"f::*::o^:"Lti":! Iiii,-ti"'"ii,.""aiii'#;:;,i: !??3ll':i'il{.;lf :" ]:f T_"1: - :f _
.l? 1."" { ",,a,
"i
.
-;; ;i;il; "Jidttyr and the welfane ofthe inhabitants of the Towil
llrili].:lc_i:g:_y*":i:l:::.the Boand may considen only, 1. suit_i:'i::X":j" ll. :l*= ::-:*:li:i; iii: T"tiJo I"li'::;qilil;, j; llil'2 . . neas onable int enpnetatio"J - oF-'ii,l'=;il;i" i;";";F=iil:.::1":
The Administnative officiar may charlenge any va:riance granted whicigoes beyond the scope or iire- p6,0""" oi--ii," .b';";:
.rt is undenstood that a fee of $25.00.is payable in advance and tha.r1t:l (10) day posting p!'ioa ii nequined onio'to a .rrrrr{rr }a--.i--in-iii.li#";"Lfi::il: e"":oa ].e nesuined prion ts a pubii: i,."ni"g
suirJi"s-c;
Signed:
l"lr-. Errrst LareEe
The tslue CesVaiI, Colorado
Dean Mr, La.lr,e6e i -
i
. 1, ,
Tl:?,i: l" infonm.you thtt Hr. p. A. Cnamenue hasappried fon a zoning vanl.Ence to arlow no setbackon the creek eide ana s I aetbaek on the pan*ins-lot
:i1. in.order to enlange the Corniee U"iiai"g;" A--
lCI t setback is nequired.
The Boand of zoning, Appcarsiand'Exaninena will L*eton-Thunsggy' Novenrben 13 at g:00 a.m. in the ltuntci-pal building to h*er thla aas6,
If prou wiEh to .proteet this varienee n pleaee bepTlgett at'thie meeting or send ysur protest by eer,*tified $atl.
. .:l'Yourl truLy,
BOARD OF ZONIN€, APPEALS AND EXAHINERSj-
Novembci ln tg?:.
.
Robert R., Cl".ark
Chainrnan of the Board
o1{
.
:Cbstified Ftatl