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Home My WebLink AboutPEC090023Planning and Environmental Commisson਍ഀ ACTION FORM਍ഀ Mrxff Pea਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Project Name: Post Variance PEC Number: PEC090023਍ഀ Project Description:਍ഀ Participants:਍ഀ APPROVED VARIANCE FOR SIDE SETBACK਍ഀ OWNER CHERYL L. POST FAMILY TRUST 07/27/2009਍ഀ 7543 S SALIDA CT਍ഀ AURORA਍ഀ CO 80016਍ഀ APPLICANT PREFERRED HOME REPAIR & CONS 07/27/2009਍ഀ RODNEY਍ഀ 8874 N AWL RD਍ഀ PARKER਍ഀ CO 80138਍ഀ Project Address: 4254 COLUMBINE WY VAIL Location: UNIT 10, BIGHORN TERRACE਍ഀ Legal Description: Lot: Block: Subdivision: BIGHORN TERRACE਍ഀ Parcel Number: 2101-122-1401-0਍ഀ Comments: See conditions below਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: Kjesbo Action: APPROVED਍ഀ Second By: Kurz਍ഀ Vote: 6-0-0 Date of Approval: 08/24/2009਍ഀ Conditions:਍ഀ Cond: 8਍ഀ (PLAN): No changes to these plans may be made without the written consent of Town of਍ഀ Vail staff and/or the appropriate review committee(s).਍ഀ Cond:300਍ഀ (PLAN): PEC approval shall not be not become valid for 20 days following the date of਍ഀ approval.਍ഀ Cond: CON0010939਍ഀ The variance approval is contingent on the Applicant obtaining Town of Vail approval਍ഀ of a design review application for the proposed addition.਍ഀ Planner: Nicole Peterson PEC Fee Paid: $500.00਍ഀ General Information: Variances may be granted in order to prevent or to lessen such pr4cticaT' W¢'d WA0 L਍ഀ necessary physical hardships as would result from the strict interpretation and/or enforcemeiStW'13Mn1 r u ions਍ഀ inconsistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship਍ഀ may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic਍ഀ or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or con-਍ഀ ditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation਍ഀ shall not be a reason for granting a variance. The Vail Town Code can be found on the Town's website at਍ഀ www.vailgov.com The proposed project may also require other permits or applications and/or review by the Design Re-਍ഀ view Board and/or Town Council.਍ഀ Fee: $500਍ഀ Description of the Request: Variance for side and rear Setback -under now existing regulations (20' ft setbacks)਍ഀ 50% of home sits outside requirement. No opportunity exist for any exterior improvements unless variance is granted.਍ഀ Addition of 6x6.5' (39sq.ft.) to East elevation, main level to off set expansion of 1/2 bathroom for improved accessibility਍ഀ physical Address. 4254 East Columbine Way, Bighorn Terrace Vail Colorado਍ഀ rI a- 1 U਍ഀ Parcel Number: 0\ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)਍ഀ Property Owner: Cheryl L. Post਍ഀ Mailing Address' 7543 S. Salida Court Centennial, Colorado 80016਍ഀ phone: 303-522-7488਍ഀ Owner's Signature:਍ഀ Primary Contact/ Owner R4resentative' Rodney General Contractor -Preferred Home Repair and Const.਍ഀ Mailing Address: 8874 N. Awl Road Parker, Colorado 80138਍ഀ Phone: 720-343-6994਍ഀ E-Mail: Rod@PreferredHRC.com Fax: 303-841-6603਍ഀ For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # 5W I-਍ഀ Fee Paid: r • 00਍ഀ Meeting Date: 2਍ഀ Planner:਍ഀ Zoning:਍ഀ Location of the Proposal਍ഀ Received From:_ Y1਍ഀ PEC No.:਍ഀ Project No: ~J 07਍ഀ Land Use:਍ഀ Lot:-V Block: Subdivision:਍ഀ Apr-09਍ഀ at/Uti/zUUj lz:4ti਍ഀ Jul 08 00 11:30a਍ഀ Jt7y-477-rbLJ U M•4 vt~ a um j w.਍ഀ A 3M-Fi~l 60bb a.L਍ഀ JOINT PROPERTY OWNER਍ഀ WRITTEN APPROVAL LETTER਍ഀ This farm is appua਍ഀ sect property. For਍ഀ mu*tewnt buiid'e਍ഀ case of a multipl&਍ഀ form and rnail to.,਍ഀ 97,0.479.24V-਍ഀ 1, (print n਍ഀ located at਍ഀ to all Planning and E environmental Commission applicants that share ownership of the sub-਍ഀ 'mple, the subject Property where Cor ATUCtibn is occurring Is a duplex, condominium or਍ഀ This form shall be completed by the applicant's neighbor/ joint property owner. In the਍ഀ fly dwelling or mulff4enant building, the authority of the association shall complete this਍ഀ nlmunity Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to਍ഀ rg ~du਍ഀ d a joint owner, or authority of the assodation, of property਍ഀ sluff 4p਍ഀ prOvide this letter as਍ഀ written approval of be plans dated _ which have been sufmtltted 1* the਍ഀ Town of Vag Conan nRy Development Department fbr the proposed impmvements to be ccmpkl ed at the ad-਍ഀ dress noted above. understand that the proposed Improf ements include: G-- al~ S' ryy Q ,,2,,sir~਍ഀ 4g4 _AaFle74 - - ~਍ഀ Sig ne) 04਍ഀ r.~~ :.7o"~vya fir„ aoaldu; ~a3o3-39p>~ (Date)਍ഀ 'q.K- So lee਍ഀ IWditlonaAy, ple4se rhedc the atabemmnt below which Is Moak applicable to you:਍ഀ ~l l understand diet /normod(wibbm my be made 0 the plans Over tote course of the revkwproom to en-਍ഀ SUM tan*MnCee Mth Town$ appkvble codes and jeg&8tbW.਍ഀ ffaI here}਍ഀ o r rmuiest drat a# r਍ഀ MkW process, be b ma,਍ഀ view by the rows.਍ഀ (rnrliai here)਍ഀ ations, minor or odwwge, which are made to the plaits aioer the course of the re-਍ഀ 67 my atter bib by the awkznt 1br adM&wi appmvai behare undemmoing furdier re-਍ഀ JUL 2 7 2009਍ഀ TOWN OF VAfL਍ഀ July 23, 2009਍ഀ TO: Planning and Environmental Commission਍ഀ RE: Project Narrative for 4254 East Columbine Way Unit 10 Bighorn Terrace਍ഀ Last year when my husband was quite ill, we realized how inaccessible the house was for਍ഀ someone who needed a walker. While the upstairs may not ever be easily accessible due਍ഀ to the narrow stairs, it would be nice if at least the main floor was accessible.਍ഀ Accessibility is currently restricted by the placement of a support column in the entry to਍ഀ the kitchen, and the narrow (2 ft.) door between the bath and kitchen.਍ഀ The proposed remodel will add a standard size door and a shower to the half bath. It will਍ഀ also reconfigure the kitchen so that the support column does not interfere with access.਍ഀ The plans provide for a small extension of living area into the area which is now wood਍ഀ deck (6ft x 6.5ft,) to offset the living space being lost to the bathroom expansion and਍ഀ avoid over crowding. The additional space will fit nicely into the building profile, see਍ഀ photo's #4, #5,#7, #12. This small addition will match the existing building਍ഀ design/finish and would not have any offsite impact.਍ഀ This Duplex was constructed in the late 60s when the area was unincorporated Eagle਍ഀ County. Since then is has become part of Vail and is now subject to zoning and building਍ഀ codes. Under current regulations, the duplex probably could not be built. Without a਍ഀ variance, no addition (no matter how small) can be constructed. Other units in the਍ഀ development have added similar small additions.਍ഀ Thank਍ഀ JUL 2 7 2009਍ഀ Post਍ഀ Owner Representative਍ഀ Rodney Molitor਍ഀ Preferred Home Repair and Construction, LLC਍ഀ 720-343-6994਍ഀ TOWN OF" ~ML਍ഀ UTILITY APPROVAL & VERIFICATION਍ഀ This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify਍ഀ service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul-਍ഀ ing installations A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for ap-਍ഀ proval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPA-਍ഀ NIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. ) 41k਍ഀ Subject Properly Address: ?~I hgoWn CY Lot ! 3 Block subd'nrision: U?t Ur~fi t਍ഀ Primary Contact / Owner Representsfive: Phone: J਍ഀ Webb audit r -lz C' I' Plans Dated:਍ഀ P ' Owner Representative Signature਍ഀ Authorized Signature਍ഀ Comments਍ഀ Data਍ഀ QWEST਍ഀ 970.468.6860(W)਍ഀ 970.468.0672(fax)਍ഀ Contacts: Samuel Tooley਍ഀ samuel.tool west com਍ഀ XCEL HIGH PRESSURE GAS਍ഀ 970.262.4076 (tel)਍ഀ 970.468.1401 (fax)਍ഀ Contact: Rich Sisneros਍ഀ richard.sisneroxcelene .com਍ഀ HOLY CROSS ENERGY਍ഀ 970.947.5425 (tell)਍ഀ 970.945.4081 (fax)਍ഀ Contact: Jeff Vroom਍ഀ l਍ഀ ®ho .com਍ഀ XCEL Energy਍ഀ 970.262.4038 (fax)਍ഀ 970.262.4024 (tel)਍ഀ Contacts: IGt Bogert਍ഀ Kath n. ent XCELENERGY.com਍ഀ EAGLE RIVER WATER & SANITA-਍ഀ TION DISTRICT਍ഀ 970.476.7480 (tel)਍ഀ 970.476.4089 (fax)਍ഀ Contact: Fred Haslee਍ഀ fhaslee rwsd.o਍ഀ COMCAST CABLE਍ഀ 970.205.5432 (gel)਍ഀ 970.930.4713 (fax)਍ഀ Contact: Michael Johnson਍ഀ mi-਍ഀ chaei 'ohnson@cable.comcast.com਍ഀ CDOT (Only In CDOT Right-of-way)਍ഀ 970.683.6284 (tel)਍ഀ Contact: Dan Roussin਍ഀ Daniei.roussin@dotstate.co.us਍ഀ NOTES:਍ഀ >q਍ഀ 1. Utility locations must be obtained before digging.਍ഀ 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the਍ഀ Public Works Department for verification 970.479.2198.਍ഀ 3. It is the responsibility of the utility company and the applicant to resolve problems identified above.਍ഀ 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for਍ഀ re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date.਍ഀ 0਍ഀ W਍ഀ J਍ഀ C6਍ഀ a਍ഀ CL '਍ഀ UU ~ [VTVTVT`~਍ഀ Q~ N਍ഀ our਍ഀ go਍ഀ ~F o਍ഀ w਍ഀ - L2,8਍ഀ 0~਍ഀ to o਍ഀ t; a਍ഀ aw਍ഀ g a to od਍ഀ `E਍ഀ Q~ "਍ഀ C F F-਍ഀ - EL਍ഀ O'F S a~਍ഀ '0 J਍ഀ IA਍ഀ Nm MC C,਍ഀ c~਍ഀ m਍ഀ Zmoa:3਍ഀ xs>o਍ഀ € ~~`ME 44਍ഀ ~ K 54਍ഀ d਍ഀ d਍ഀ 4਍ഀ m਍ഀ W਍ഀ m਍ഀ r਍ഀ a਍ഀ PM਍ഀ k਍ഀ D਍ഀ C਍ഀ m਍ഀ 4਍ഀ u਍ഀ mi਍ഀ J ~਍ഀ l-਍ഀ ~਍ഀ J਍ഀ N਍ഀ o਍ഀ .਍ഀ gi਍ഀ ~਍ഀ y਍ഀ lu਍ഀ _਍ഀ ;.o C. i਍ഀ w & ~਍ഀ $~a਍ഀ a਍ഀ ~਍ഀ ^਍ഀ N਍ഀ ~਍ഀ E਍ഀ m਍ഀ 4਍ഀ m਍ഀ o'S਍ഀ J਍ഀ iu਍ഀ krnrnci-਍ഀ Qa!1਍ഀ o਍ഀ ~cm rn t~਍ഀ -j਍ഀ uj਍ഀ K਍ഀ UTILITY APPROVAL & VERIFICATION਍ഀ This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify਍ഀ service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul-਍ഀ ing installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for ap-਍ഀ proval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPA-਍ഀ NIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. /਍ഀ Subject Property Address: T~ ZA, l~Lot 164, Block Subdivision: G~' A10A G~~/A°csce਍ഀ Primary / presentative: L"I Phone: _ _72V- 5il-3਍ഀ Plans Dated:਍ഀ Primary Co Owner Representative Signature਍ഀ Authorized Sianature਍ഀ Comments਍ഀ Date਍ഀ QWEST਍ഀ 970.468.6860(tel)਍ഀ 970.468.0672(fax)਍ഀ Contacts਍ഀ S਍ഀ l T਍ഀ l਍ഀ :਍ഀ amue਍ഀ oo਍ഀ ey਍ഀ m w਍ഀ XCEL HIGH PRESSURE GAS਍ഀ 970.262.4076 (tel)਍ഀ 970.468.1401 (fax)਍ഀ Contact: Rich Sisneros਍ഀ richa .si ft-od g.9 on.਍ഀ HOLY CROSS ENERGY਍ഀ 970.947.5425 (tel)਍ഀ 970.945.4081 (fax)਍ഀ Contact: Jeff Vroom਍ഀ lyroom@holyaoss.com਍ഀ XCEL Energy਍ഀ 9਍ഀ g਍ഀ 70.262.4038 (fax)਍ഀ ~਍ഀ 970.262.4024 (tel)਍ഀ Contacts: 10t Bogert਍ഀ f਍ഀ u਍ഀ /਍ഀ 0਍ഀ Kath C E ERGY.਍ഀ EAGLE RIVER WATER & SANITA-਍ഀ TION DISTRICT਍ഀ 970.476.7480 (tell)਍ഀ 970.476.4089 (fax)਍ഀ L'਍ഀ Contact: Fred Haslee਍ഀ Maslee@erwW.org,਍ഀ COMCAST CABLE਍ഀ 970.205.5432 (tel)਍ഀ 970਍ഀ 930਍ഀ 4713 (fax)਍ഀ W (LL- N 0 T it 11 V E A N l਍ഀ L 1 S W I(NOJ' f"਍ഀ ~S਍ഀ .਍ഀ .਍ഀ 1਍ഀ Contact: Michael Johnson਍ഀ CONS'(2ULT(ON਍ഀ R~'(IU(SU(EµEfV~'਍ഀ /਍ഀ mi-਍ഀ 5~~~2U150K਍ഀ ~਍ഀ chael ' n@cable.comcastcom਍ഀ CDOT (C~rdy CDOT Right-of-way)਍ഀ 970.683.6284਍ഀ Contact: Dan R਍ഀ Daniel.rou dotstate.co.us਍ഀ NOTES:਍ഀ 1. Utility locations must be obtained before digging.਍ഀ 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the਍ഀ Public Works Department for verification 970A79.2198.਍ഀ 3. It is the responsibility of the utility company and the applicant to resolve problems identified above.਍ഀ 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for਍ഀ re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date.਍ഀ Apr-09਍ഀ UTILITY APPROVAL & VERIFICATION਍ഀ This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify਍ഀ service availability and location for new construction and should be used in conjunction with preparing your utility plan and schedul-਍ഀ ing installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for ap-਍ഀ proval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPA-਍ഀ NIES. If you are unable to obtain~~iicomments within that ttimeframe please contact The Town of Vail.਍ഀ Subject Property Address: T Jam.,/>~NP J~JiXI R Lot Block Subdivision: 41pi• ~ilc' e_਍ഀ Primary / presentative: Za2~eg r Phone: 72&2-਍ഀ Plans Dated: Zf਍ഀ Primary Co Owner Representative Signature਍ഀ Authorized Stanature਍ഀ Comments਍ഀ Date਍ഀ QWEST਍ഀ 970.468.6860(tel)਍ഀ 970.468.0672(fax)਍ഀ Contacts: Samuel Tooley਍ഀ wm਍ഀ XCEL HIGH PRESSURE GAS਍ഀ 970.262.4076 (tel)਍ഀ 970.468.1401 (fax)਍ഀ Contact: Rich Sisneres਍ഀ riha 9 I .o਍ഀ HOLY CROSS ENERGY਍ഀ 970.947.5425 (tel)਍ഀ 970.945.4081 (fax)਍ഀ Contact: Jeff Vroom਍ഀ ]vr0om@holycrxw.com਍ഀ XCEL Energy਍ഀ 970.262.4038 (fax)਍ഀ 970.262.4024 (tel)਍ഀ Contacts: 10t Bogert਍ഀ XC ERGY.਍ഀ EAGLE RIVER WATER & SANITA-਍ഀ TION DISTRICT਍ഀ +਍ഀ .਍ഀ 970.476.7480 (tel)਍ഀ ~Q਍ഀ 1 ~ rclh►pd► "'t15਍ഀ ~ _਍ഀ 970.476.4089 (fax)਍ഀ T਍ഀ S਍ഀ Contact: Fred Haslee਍ഀ o+c~11 M਍ഀ fhasl sd.or਍ഀ COMCAST CABLE਍ഀ 970.205.5432 (tel)਍ഀ 970.930.4713 (fax)਍ഀ Contact: Michael Johnson਍ഀ mi-਍ഀ chael ' nson@cable.comcastcom਍ഀ CDOT (Only in CDOT Right-of-way)਍ഀ 970.683.6284 (td)਍ഀ Contact: Dan Roussin਍ഀ Daniel.roussin@dotstate.co.us਍ഀ NOTES:਍ഀ 1. Utility locations must be obtained before digging.਍ഀ 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the਍ഀ Public Works Department for verification 970.479.2198.਍ഀ 3. It is the responsibility of the utility company and the applicant to resolve problems identified above.਍ഀ 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for਍ഀ re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date.਍ഀ Apr-09਍ഀ • -l਍ഀ T 3 U 15 JOHNNEITf. PH1X਍ഀ EAGLE CTY. , t-r,0r•਍ഀ P Y WALL AGREEMENT਍ഀ a` .਍ഀ 'rH?1 9 53 Am18s਍ഀ This Party Wall Agreement is made and entered into as਍ഀ Of this 17th day of January, 1985 by and. between Johnnie D.਍ഀ Odum and Deborah E. Odum (hereinafter sometimes referred to਍ഀ as "the Odums"), and Scott T. Ridler and Barbara A. Ridler਍ഀ (hereinafter sometimes referred to as "the kidle.-s").਍ഀ RECITALS਍ഀ A. The Odums are the fee simple owners of that certain਍ഀ parcel of real property known as unit number 5, Bighori,਍ഀ Terrace, Eagle County, Colorado; and਍ഀ R. The Ridlers are the fee simple owners of that਍ഀ ^ertain parcel of real property known a3 unit number 10਍ഀ Uighorn Terrace, Eagle County, Colorado; and਍ഀ C. The respective properties specifically unit number਍ഀ 9 and unit number 10 as more particularly described above਍ഀ adjoint and abut each other along the common property line਍ഀ and common wall between the two properties; and਍ഀ D. The parties by this agreement wish to make E:)visions਍ഀ regarding the sharing of repair and maintenance, destruction਍ഀ by fire or other casualty, and the rightF of the parties਍ഀ hereto as regards said common party wall.਍ഀ AGREEMENT਍ഀ NOW, THEREFORE, in consideration of the . .teal covenants਍ഀ end agre~.nents contained herein, it is agreed by the part i. es਍ഀ as follcws:਍ഀ 1. General Rules of Law to Apply. The common wall਍ഀ between ;units 9 and 10 as more.particulary described above਍ഀ has been built as a part ofithe original conntr,i..tion of਍ഀ units 9 and 10. It is -.greed ch.t this common wall shall਍ഀ constitute a party wall and to the extent not inconsiste-t਍ഀ with the provisions of this greement, the general rules of਍ഀ law regarding party ;:,ills and liability for property damage਍ഀ due to negligence or willful acts or o.issions shall appl_,਍ഀ thereto.਍ഀ 2. Sharing of Repair and Maintenance. The cost of਍ഀ reasonable repair and maintenance of the party wall shall be਍ഀ shared by the owner who makes use of the wall in proportion਍ഀ to such use.਍ഀ 3. Destruction by Fire or Other Casual. If the਍ഀ party walls destroyed or damaged by fire or other casualty,਍ഀ any owner thereafter shall make use of the wall, said owner਍ഀ shai.l contribute to the cost of restoration thereof a proportion਍ഀ to such use withouF. prejudice, however, to the right of any਍ഀ such owner to*ticall fcr a larger contribution from the other਍ഀ owner under any rule of law regarding liability for negligent਍ഀ or willful acts or omissions.਍ഀ 4. Weather rOOfinq. Notwithstanding any other provision਍ഀ of this article, w chever owner who by his or hex' negligent਍ഀ or willful act causes the party wall to be exposed to the਍ഀ elements shall bear th, wholca cost of furnishing the necessary਍ഀ protection against sucn elements.਍ഀ i. Right To Contribution Runs With The Land. The਍ഀ right of any owner to contr 5-਍ഀ right from any other owner਍ഀ under this agreement shall be appurtenant to the land and਍ഀ shall pass to such owner's successors and title.਍ഀ `G -਍ഀ r s yTr 't- ~[epf~.-i• 4 ai5 ^i'.~LG,,~t r y'{' k y~ r •r i W K3.~"~ 'S s'1 .਍ഀ 1 'E•wtN}' }i t~ y,' t ~x~`!t •7;;~:~ kw a: ~*J ~--s~~yrs਍ഀ 7~ ,=6 s 0 ° w ,,A~ s. k ,,mot਍ഀ ;t t n Part Mal The, parties਍ഀ 6 td 11 sst" to s'਍ഀ PaY' . ~;or - common va 1 beWbo 1a r਍ഀ is r~Ci 3 pa Arly dssoribed ;above ,stafio r,਍ഀ nlh2ij .ty pp gk~0 An4~Ans halt on tbs:~~t1਍ഀ y'T਍ഀ x°op`s nni Xs the sventrolhany'lreilet,i• ~4r 'k਍ഀ >}hit } uo ' umb k.pgch " rslw shall: be਍ഀ °medb .F., ` Z਍ഀ inb~~iq b lx r bT O!'•the';adjoining unitr`Tin, r ~t਍ഀ the਍ഀ i?yr 7. ntlin Effsot"~ a agreement shall be. IAndir q'.,਍ഀ upon theb,part s e;etopp U. it respective heirs, execu~ots,s਍ഀ 1 admintstrntb and assigns:' r,਍ഀ ll-਍ഀ 'INXIITNR88`OidkiOFr.the,parties have hereunto sot their਍ഀ hands and',-xsals the day and,ye&r firs:; above written. ~rV਍ഀ dma! JI~Y J~,਍ഀ ਍ഀ o M. I 1i~n S6'~~FP -Cott T. R idle:਍ഀ Debor E~ ; , um Barbara. R idler਍ഀ 20਍ഀ ,k1:kl ie~ i'਍ഀ y਍ഀ 'f਍ഀ ,rk਍ഀ µ਍ഀ kWJ ,਍ഀ i T਍ഀ ;,Nt r r '.rep਍ഀ ' 1 .!~ri ` Gf i a .1t~~t ' ,5? S 1141' (N ,~Z t. G-l 1਍ഀ r ri' 7 ra'?t~ 'k.,.tFY,~r t 1 y'anel1 ~~1 ;r~3~ryr,*:;y~`soyrf ,.s t t i, +m 0.,':..aTt,( 't\+Y,.t'~'4'r'"਍ഀ •.-.------+.~..-..va.u1llrPr~ w.r •wive...,...~..„...~.........~.r- - -਍ഀ ;STAT$ 0(-1F~~,~1I COL^ORA਍ഀ r~•[r ~;`h rf , •6M਍ഀ t '7v S IS਍ഀ +OUNTY ",0F 44.਍ഀ d਍ഀ jndzwo l'>to fore me • Nota. ,਍ഀ ~d, ty'and tAkq„.by,Johnnie D. "Odium on tlh'ia਍ഀ y y,,਍ഀ !7, ssuyt.hand and notary' goal. ny }਍ഀ mmission exoirebs a਍ഀ !਍ഀ 3 r'. Notary PubTIdX਍ഀ `e.਍ഀ + 200 N. Public Road'਍ഀ ) ~FS~rat~E, CcIO S002F਍ഀ STATE a 66਍ഀ ;COUNT਍ഀ Y:a਍ഀ S cribed.and sworn'to before me a Notary Public in਍ഀ a!n k x`;sai •ounty:a d .State by.Deborah E. Odum on this਍ഀ rresy fof rYt; 1985 <਍ഀ s਍ഀ h'Y~[[fVirtndss`my hand an'?: notary seal.਍ഀ comm਍ഀ 3਍ഀ TA ission 'expires on: `7 ~j a `਍ഀ 1~ 41਍ഀ tr f t਍ഀ 3 Notary Pub c਍ഀ STE OF COLORADO 200 N. Public Roadie਍ഀ SS. Lafayette, 2olo. 80026਍ഀ COUNTY OF EAGLE਍ഀ ty*਍ഀ {ti,4; Subscribed and sworn t efore me p Notary Public in਍ഀ end for-said County and;Statby Scott T. Ridler on this਍ഀ 17th day"., of .lanuarv , 1985.਍ഀ Witness my hand and notary seal.਍ഀ X. commission expires on, 9/1i/1987਍ഀ i'਍ഀ 4਍ഀ 3i 1oF~}~~ic ~t(!~਍ഀ Land Tido Gu.)w&ntai, :,"^f14ny਍ഀ STATE OF, COLORADO ) 3033 E. First Ave. • Suite 600਍ഀ t਍ഀ ) SS. Denver, Colorado 80206਍ഀ COUNTYEAGLE ) f!਍ഀ Subscribe.] and sworn to before me a Notary Public in਍ഀ and_•for said;"iicounty and State by Barbara A. Ridler on this਍ഀ i' 17th day of January 1985਍ഀ 1਍ഀ Witness my hand and not seal.਍ഀ My commission expires o s" 9/7/1987਍ഀ Notary ubl c਍ഀ Land Til!o Gaaranlc-~ Cuer•iuny f਍ഀ r 3033 E. Arsl Ave.. Suite 600 - If਍ഀ Denver, Colorado 80206਍ഀ 71਍ഀ ■਍ഀ ■਍ഀ C2WAW਍ഀ Mal a਍ഀ 03-3਍ഀ CL~਍ഀ JUL 2 7 2009਍ഀ S਍ഀ -਍ഀ r਍ഀ VAIL਍ഀ a਍ഀ .਍ഀ el&6਍ഀ ਍ഀ ~਍ഀ yl਍ഀ -਍ഀ c cm਍ഀ -਍ഀ 4਍ഀ G ro dx਍ഀ - _਍ഀ _ -਍ഀ ਍ഀ L A N D T I T L E G U A R A N T E E C 0 M P A N Y਍ഀ GARY L. POST and CHERYL L. POST਍ഀ 7543 S. SALIDA COURT਍ഀ AURORA, CO 80016਍ഀ Dear Customer:਍ഀ D Ec IEad~ D਍ഀ JUL 2 7 2009਍ഀ TOWN OF VAIL਍ഀ Land Title Guarantee Company is pleased to provide you with਍ഀ your Owner's Title Insurance Policy. This valuable document਍ഀ insures good and marketable title to your property. Please਍ഀ review the policy in its entirety. We at Land Title Guarantee਍ഀ Company believe in providing you, our customer, with a quality਍ഀ product which will serve your needs.਍ഀ In the event you do find any discrepancy, or if you have any਍ഀ questions or comments regarding your final policy, please਍ഀ contact the following department and we will gladly handle any਍ഀ request you may have as efficiently and quickly as possible.਍ഀ TITLE DEPARTMENT਍ഀ TELEPHONE # (303)476-2251਍ഀ FAX #(303)476-4534਍ഀ PLEASE REFER TO ORDER NO. V254143਍ഀ Should you decide to sell the property described in Schedule਍ഀ A, or if you are required to furnish a new title commitment਍ഀ for mortgage purposes, you may be entitled to a credit toward਍ഀ future title insurance expenses. Land Title Guarantee Company਍ഀ will retain a copy of the enclosed title policy, and in the਍ഀ event you do need future services, we will be in a position to਍ഀ again serve you promptly and efficiently.਍ഀ Thank you very much for giving Land Title Guarantee Company਍ഀ the opportunity to serve you.਍ഀ x Owner's Policy No.਍ഀ American Land Title Association Owner's Policy 10-17-92਍ഀ * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE਍ഀ * * B AND THE CONDITIONS AND STIPULATIONS,਍ഀ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company,਍ഀ insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the਍ഀ insured by reason of:਍ഀ 1. Title to the estate or interest described in Schedule A being vested other than as stated therein;਍ഀ 2. Any defect in or lien or encumbrance on the title;਍ഀ 3. Unmarketability of the title;਍ഀ 4. Lack of a right of access to and from the land.਍ഀ The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions਍ഀ and Stipulations.਍ഀ IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly਍ഀ authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company.਍ഀ EXCLUSIONS FROM COVERAGE਍ഀ The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses਍ഀ which arise by reason of:਍ഀ 1. (a) Any law, ordinance or governmental regulation (including, but not limited to, building and zoning laws, ordinances, or regulations) restricting, regulating,਍ഀ prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter਍ഀ erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)਍ഀ environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the਍ഀ enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the਍ഀ public records at Date of Policy.਍ഀ (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or਍ഀ encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.਍ഀ 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any਍ഀ taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.਍ഀ 3. Defects, liens, encumbrances, adverse claims, or other matters:਍ഀ (a) created, suffered, assumed or agreed to by the insured claimant;਍ഀ (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the਍ഀ Company by the insured claimant prior to the date the insured claimant became an insured under this policy;਍ഀ (c) resulting in no loss or damage to the insured claimant;਍ഀ (d) attaching or creating subsequent to Date of Policy, or਍ഀ (e) - resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.਍ഀ 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal਍ഀ bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:਍ഀ (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or਍ഀ (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results਍ഀ from the failure:਍ഀ (i) to timely record the instrument of transfer, or਍ഀ (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.਍ഀ Issued through the Office of਍ഀ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ A Stock Company਍ഀ 108 SOUTH FRONTAGE ROAD W.਍ഀ P.O. BOX 357਍ഀ 400 Second Avenue South, Minneapolis, Minnesota 55401਍ഀ VAIL, COLORADO 81657਍ഀ !6121371-1111਍ഀ I76 2251਍ഀ ~tti$ttt,਍ഀ -਍ഀ 1਍ഀ BY President਍ഀ Authorized Signatory਍ഀ ORT Fwm 4020 - ALTA Owner's Policy 10-17-92਍ഀ Attest Secretary਍ഀ I਍ഀ ਍ഀ CONDITIONS AND STIPULATIONS਍ഀ 1. Definition of Terms.਍ഀ The following terms when used in this policy mean:਍ഀ (a) "insured": the insured named in Schedule A, and, subject to any਍ഀ rights or defenses the Company would have had against the named insured,਍ഀ those who succeed to the interest of the named insured by operation of law as਍ഀ distinguished from purchase including, but not limited to, heirs, distributees,਍ഀ devisees, survivors, personal representatives, next of kin, or corporate or਍ഀ fiduciary successors.਍ഀ (b) "insured claimant": an insured claiming loss or damage.਍ഀ (c) "knowledge" or "known": actual knowledge, not constructive਍ഀ knowledge or notice which may be imputed to an insured by reason of the਍ഀ public records as defined in this policy or any other records which impart਍ഀ constructive notice of matters affecting the land.਍ഀ (d) "land": the land described or referred to in Schedule A, and਍ഀ improvements affixed thereto which by law constitute real property. The term਍ഀ "land" does not include any property beyond the lines of the area described or਍ഀ referred to in Schedule A, nor any right, title, interest, estate or easement in਍ഀ abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing਍ഀ herein shall modify or limit the extent to which a right of access to and from the਍ഀ land is insured by this policy.਍ഀ (e) "mortgage": mortgage, deed of trust, trust deed, or other਍ഀ security instrument.਍ഀ (f) "public records": records established under state statutes at Date of਍ഀ Policy for the purpose of imparting constructive notice of matters relating to real਍ഀ property to purchasers for value and without knowledge. With respect to਍ഀ Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also਍ഀ include environmental protection liens filed in the records of the clerk of the਍ഀ United States District Court for the district in which the land is located.਍ഀ (g) "unmarketability of the title": an alleged or apparent matter਍ഀ affecting the title to the land, not excluded or excepted from coverage, which਍ഀ would entitle a purchaser of the estate or interest described in Schedule A to be਍ഀ released from the obligation to purchase by virtue of a contractual condition਍ഀ requiring the delivery of marketable title.਍ഀ 1. Continuation of Insurance After Conveyance of Title.਍ഀ The coverage of this policy shall continue in force as of Date of Policy in਍ഀ favor of an insured only so long as the insured retains an estate or interest in਍ഀ the land, or holds an indebtedness secured by a purchase money mortgage਍ഀ given by a purchaser from the insured, or only so long as the insured shall have਍ഀ liability by reason of covenants of warranty made by the insured in any transfer਍ഀ or conveyance of the estate or interest_ This policy shall not continue in force in਍ഀ favor of any purchaser from the insured of either (i) an estate or interest in the਍ഀ land, or (ii) an indebtedness secured by a purchase money mortgage given to਍ഀ the insured.਍ഀ 3. Notice of Claim to be Given by Insured Claimant਍ഀ The insured shall notify the Company promptly in writing (i) in case of any਍ഀ litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to਍ഀ an insured hereunder of any claim of title or interest which is adverse to the਍ഀ title to the estate or interest, as insured, and which might cause loss or damage਍ഀ for which the Company may be liable by virtue of this policy, or (iii) if title to the਍ഀ estate or interest, as insured, is rejected as unmarketable. If prompt notice shall਍ഀ not be given to the Company, then as to the insured all liability of the Company਍ഀ shall terminate with regard to the matter or matters for which prompt notice is਍ഀ required, provided, however, that failure to notify the Company shall in no case਍ഀ prejudice the rights of any insured under this policy unless the Company shall਍ഀ be prejudiced by the failure and then only to the extent of the prejudice.਍ഀ 4. Defense and Prosecution of Actions; Duty of Insured Claimant to਍ഀ Cooperate.਍ഀ (a) Upon written request by the insured and subject to the options਍ഀ contained in Section 6 of these Conditions and Stipulations, the Company, at its਍ഀ own cost and without unreasonable delay, shall provide for the defense of an਍ഀ insured in litigation in which any third party asserts a claim adverse to the title਍ഀ or interest as insured, but only as to those stated causes of action alleging a਍ഀ defect, lien or encumbrance or other matter insured against by this policy. The਍ഀ Company shall have the right to select counsel of its choice (subject to the right਍ഀ of the insured to object for reasonable cause) to represent the insured as to਍ഀ those stated causes of action and shall not be liable for and will not pay the਍ഀ fees of any other counsel. The Company will not pay any fees, costs or਍ഀ expenses incurred by the insured in the defense of those causes of action which਍ഀ allege matters not insured against by this policy.਍ഀ (b) The Company shall have the right, at its own cost, to institute and਍ഀ prosecute any action or proceeding or to do any other act which in its opinion਍ഀ may be necessary or desirable to establish the title to the estate or interest, as਍ഀ insured, or to prevent or reduce loss or damage to the insured. The Company਍ഀ may take any appropriate action under the terms of this policy, whether or not it਍ഀ shall be liable hereunder, and shall not thereby concede liability or waive any਍ഀ provision of this policy. If the Company shall exercise its rights under this਍ഀ paragraph, it shall do so diligently.਍ഀ (e) Whenever the Company shall have brought an action or interposed a਍ഀ defense as required or permitted by the provisions of this policy, the Company਍ഀ may pursue any litigation to final determination by a court of competent਍ഀ jurisdiction and expressly reserves the right, in its sole discretion, to appeal਍ഀ from any adverse judgment or order.਍ഀ (d) In all cases where this policy permits or requires the Company to਍ഀ prosecute or provide for the defense of any action or proceeding, the insured਍ഀ shall secure to the Company the right to so prosecute or provide defense in਍ഀ the action or proceeding, and all appeals therein, and permit the Company to਍ഀ use, at its option, the name of the insured for this purpose. Whenever਍ഀ requested by the Company, the insured, at the Company's expense, shall give਍ഀ the Company all reasonable aid (i) in any action or proceeding, securing਍ഀ evidence, obtaining witnesses, prosecuting or defending the action or਍ഀ proceeding, or effecting settlement, and (ii) in any other lawful act which in਍ഀ the opinion of the Company may be necessary or desirable to establish the਍ഀ title to the estate or interest as insured. If the Company is prejudiced by the਍ഀ failure of the insured to furnish the required cooperation, the Company's਍ഀ obligations to the insured under the policy shall terminate, including any਍ഀ liability or obligation to defend, prosecute, or continue any litigation, with਍ഀ regard to the matter or matters requiring such cooperation.਍ഀ 5. Proof of Loss or Damage.਍ഀ In addition to and after the notices required under Section 3 of these਍ഀ Conditions and Stipulations have been provided the Company, a proof of loss or਍ഀ damage signed and sworn to by the insured claimant shall be furnished to the਍ഀ Company within 90 days after the insured claimant shall ascertain the facts਍ഀ giving rise to the loss or damage. The proof of loss or damage shall describe the਍ഀ defect in, or lien or encumbrance on the title, or other matter insured against by਍ഀ this policy which constitutes the basis of loss or damage and shall state, to the਍ഀ extent possible, the basis of calculating the amount of the loss or damage. If਍ഀ the Company is prejudiced by the failure of the insured claimant to provide the਍ഀ required proof of loss or damage, the Company's obligations to the insured਍ഀ under the policy shall terminate, including any liability or obligation to defend,਍ഀ prosecute, or continue any litigation, with regard to the matter or matters਍ഀ requiring such proof of loss or damage.਍ഀ In addition, the insured claimant may reasonably be required to submit to਍ഀ examination under oath by any authorized representative of the Company and਍ഀ shall produce for examination, inspection and copying, at such reasonable times਍ഀ and places as may be designated by any authorized representative of the਍ഀ Company, all records, books, ledgers, checks, correspondence and memoranda,਍ഀ whether bearing a date before or after Date of Policy, which reasonably pertain਍ഀ to the loss or damage. Further, if requested by any authorized representative of਍ഀ the Company, the insured claimant shall grant its permission, in writing, for any਍ഀ authorized representative of the Company to examine, inspect and copy all਍ഀ records, books, ledgers, checks, correspondence and memoranda in the custody਍ഀ or control of a third party, which reasonably pertain to the loss or damage. All਍ഀ (Continued on inside back cover.)਍ഀ i,oau Attadotd jo uostad Aue lsulebe salpawat J਍ഀ (Continued from inside front cover.)਍ഀ information designated as confidential by the insured claimant provided to the਍ഀ Company pursuant to this Section shall not be disclosed to others unless, in the਍ഀ reasonable judgment of the Company, it is necessary in the administration of਍ഀ the claim. Failure of the insured claimant to submit for examination under oath,਍ഀ produce other reasonably requested information or grant permission to secure਍ഀ reasonably necessary information from third parties as required in this paragraph਍ഀ shall terminate any liability of the Company under this policy as to that claim.਍ഀ 6. Options to Pay or Otherwise Settle Claims; Termination of Liability.਍ഀ In case of a claim under this policy, the Company shall have the following਍ഀ additional options:਍ഀ (a) To Pay or Tender Payment of the Amount of Insurance.਍ഀ To pay or tender payment of the amount of insurance under this਍ഀ policy, together with any costs, attorneys' fees and expenses incurred by the਍ഀ insured claimant, which were authorized by the Company, up to the time of਍ഀ payment or tender of payment and which the Company is obligated to pay.਍ഀ Upon the exercise by the Company of this option, all liability and਍ഀ obligations to the insured under this policy, other than to make the payment਍ഀ required, shall terminate, including any liability or obligation to defend,਍ഀ prosecute, or continue any litigation, and the policy shall be surrendered to the਍ഀ Company for cancellation.਍ഀ (b) To Pay or Otherwise Settle With Parties Other Than the Insured or਍ഀ With the Insured Claimant.਍ഀ (i) to pay or otherwise settle with other parties for or in the name਍ഀ of an insured claimant any claim insured against under this policy, together with਍ഀ any costs, attorneys' fees and expenses incurred by the insured claimant which਍ഀ were authorized by the Company up to the time of payment and which the਍ഀ Company is obligated to pay; or਍ഀ (ii) to pay or otherwise settle with the insured claimant the loss or਍ഀ damage provided for under this policy, together with any costs, attorneys' fees਍ഀ and expenses incurred by the insured claimant which were authorized by the਍ഀ Company up to the time of payment and which the Company is obligated to pay.਍ഀ Upon the exercise by the Company of either of the options provided for in਍ഀ paragraphs (bNi) or (ii), the Company's obligations to the insured under this਍ഀ policy for the claimed loss or damage, other than the payments required to be਍ഀ made, shall terminate, including any liability or obligation to defend, prosecute,਍ഀ or continue any litigation.਍ഀ 7 Determination, Extent of Liability and Coinsurance.਍ഀ This policy is a contract of indemnity against actual monetary loss or਍ഀ damage sustained or incurred by the insured claimant who has suffered loss or਍ഀ damage by reason of matters insured against by this policy and only to the਍ഀ extent herein described.਍ഀ (a) The liability of the Company under this policy shall not exceed the਍ഀ least of:਍ഀ (i) the Amount of Insurance stated in Schedule A; or,਍ഀ (ii) the difference between the value of the insured estate or਍ഀ interest as insured and the value of the insured estate or interest subject to the਍ഀ defect, lien or encumbrance insured against by this policy.਍ഀ (b) In the event the Amount of Insurance stated in Schedule A at the਍ഀ Date of Policy is less than 80 percent of the value of the insured estate or਍ഀ interest or the full consideration paid for the land, whichever is less, or if਍ഀ subsequent to the Date of Policy an improvement is erected on the land which਍ഀ increases the value of the insured estate or interest by at least 20 percent over਍ഀ the Amount of Insurance stated in Schedule A, then this policy is subject to the਍ഀ following:਍ഀ (i) where no subsequent improvement has been made, as to any਍ഀ partial loss, the Company shall only pay the loss pro rata in the proportion that਍ഀ the amount of insurance at Date of Policy bears to the total value of the insured਍ഀ estate or interest at Date of Policy; or਍ഀ (ii) where a subsequent improvement has been made, as to any਍ഀ partial loss, the Company shall only pay the loss pro rata in the proportion that਍ഀ 120 percent of the Amount of Insurance stated in Schedule A bears to the sum਍ഀ of the Amount of Insurance stated in Schedule A and the amount expended for਍ഀ the improvement.਍ഀ The provisions of this paragraph shall not apply to costs, attorneys' fees਍ഀ and expenses for which the Company is liable under this policy, and shall only਍ഀ apply to that portion of any loss which exceeds, in the aggregate, 10 percent of਍ഀ the Amount of Insurance stated in Schedule A.਍ഀ (c) The Company will pay only those costs, attorneys' fees and expenses਍ഀ incurred in accordance with Section 4 of these Conditions and Stipulations.਍ഀ 8. Apportionment.਍ഀ If the land described in Schedule A consists of two or more parcels which਍ഀ are not used as a single site, and a loss is established affecting one or more of਍ഀ the parcels but not all, the loss shall be computed and settled on a pro rata਍ഀ basis as if the amount of insurance under this policy was divided pro rata as to਍ഀ the value on Date of Policy of each separate parcel to the whole, exclusive of਍ഀ any improvements made subsequent to Date of Policy, unless a liability or value਍ഀ has otherwise been agreed upon as to each parcel by the Company and the਍ഀ insured at the time of the issuance of this policy and shown by an express਍ഀ statement or by an endorsement attached to this policy.਍ഀ 9. Limitation of Liability.਍ഀ (a) If the Company establishes the title, or removes the alleged defect,਍ഀ lien or encumbrance, or cures the lack of a right of access to or from the land, or਍ഀ cures the claim of unmarketability of title, all as insured, in a reasonably਍ഀ diligent manner by any method, including litigation and the completion of any਍ഀ appeals therefrom, it shall have fully performed its obligations with respect to਍ഀ that matter and shall not be liable for any loss or damage caused thereby.਍ഀ (b) In the event of any litigation, including litigation by the Company or਍ഀ with the Company's consent, the Company shall have no liability for loss or਍ഀ damage until there has been a final determination by a court of competent਍ഀ jurisdiction, and disposition of all appeals therefrom, adverse to the title as਍ഀ insured.਍ഀ (c) The Company shall not be liable for loss or damage to any insured਍ഀ for liability voluntarily assumed by the insured in settling any claim or suit਍ഀ without the prior written consent of the Company.਍ഀ 10. Reduction of Insurance, Reduction or Termination of Liability.਍ഀ All payments under this policy, except payments made for costs, attorneys'਍ഀ fees and expenses, shall reduce the amount of the insurance pro tanto.਍ഀ 11. LiabilityNon-cumulative.਍ഀ It is expressly understood that the amount of insurance under this policy਍ഀ shall be reduced by any amount the Company may pay under any policy insuring਍ഀ a mortgage to which exception is taken in Schedule B or to which the insured਍ഀ has agreed, assumed, or taken subject, or which is hereafter executed by an਍ഀ insured and which is a charge or lien on the estate or interest described or਍ഀ referred to in Schedule A, and the amount so paid shall be deemed a payment਍ഀ under this policy to the insured owner.਍ഀ 12. Payment of Loss.਍ഀ (a) No payment shall be made without producing this policy for਍ഀ endorsement of the payment unless the policy has been lost or destroyed, in਍ഀ which case proof of loss or destruction shall be furnished to the satisfaction of਍ഀ the Company.਍ഀ (b) When liability and the extent of loss or damage has been definitely਍ഀ fixed in accordance with these Conditions and Stipulations, the loss or damage਍ഀ shall be payable within 30 days thereafter.਍ഀ 13. Subrogation Upon Payment or Settlement.਍ഀ (a) The Company's Right of Subrogation.਍ഀ Whenever the Company shall have settled and paid a claim under this਍ഀ policy, all right of subrogation shall vest in the Company unaffected by any act਍ഀ of the insured claimant.਍ഀ The Company shall be subrogated to and be entitled to all rights and਍ഀ remedies which the insured claimant would have had against any person or਍ഀ property in respect to the claim had this policy not been issued. If requested by਍ഀ the Company, the insured claimant shall transfer to the Company all rights and਍ഀ (Continued on back cover.)਍ഀ Form AO 4/95 Policy No. LTEH254143਍ഀ Order No. V254143 Amount $175,000.00਍ഀ SCHEDULE A਍ഀ Address਍ഀ 1. Policy Date: September 25, 1996 at 5:00 P.M.਍ഀ 2. Name of Insured:਍ഀ GARY L. POST and CHERYL L. POST਍ഀ 3. The estate or interest in the land described in this Schedule਍ഀ and which is covered by this policy is:਍ഀ A Fee Simple਍ഀ 4. Title to the estate or interest covered by this policy at the਍ഀ date hereof is vested in:਍ഀ GARY L. POST and CHERYL L. POST਍ഀ 5. The land referred to in this policy is situated in EAGLE਍ഀ County, Colorado, and is described as follows:਍ഀ UNIT NO. 10, BIGHORN TERRACE, ACCORDING TO THE RECORDED PLAT਍ഀ THEREOF, COUNTY OF EAGLE, STATE OF COLORADO.਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ Page 1 This Policy valid only if Schedule B is attached.਍ഀ Form AO 4/95 Order No. V254143 Policy No. LTEH254143਍ഀ SCHEDULE B਍ഀ This policy does not insure against loss or damage by reason of਍ഀ the following:਍ഀ 1. Rights or claims of parties in possession not shown by the਍ഀ public records.਍ഀ 2. Easements, or claims of easements, not shown by the public਍ഀ records.਍ഀ 3. Discrepancies, conflicts in boundary lines, shortage in area,਍ഀ encroachments, and any facts which a correct survey and਍ഀ inspection of the premises would disclose and which are not਍ഀ shown by the public records.਍ഀ 4. Any lien, or right to a lien, for services, labor, or਍ഀ material theretofore or hereafter furnished, imposed by law਍ഀ and not shown by the public records.਍ഀ 5. 1996 TAXES NOT YET DUE OR PAYABLE AND ASSESSMENTS NOT YET CERTIFIED TO THE਍ഀ TREASURERS OFFICE.਍ഀ 6. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY.਍ഀ 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE਍ഀ THEREFROM SHOULD HE IN SAME BE FOUND਍ഀ PATENT RECORDED December 17, 1902, INRBOOKE48਍ഀ AS RESERVED D਍ഀ AT PAGE 492.਍ഀ 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE਍ഀ 492 AND RECORDED RECORDED December਍ഀ UNI਍ഀ 1902, IN BOOK RESERVED IN਍ഀ , 11939, IN BOOK7123਍ഀ 190਍ഀ AT PAGE 625.਍ഀ 9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER਍ഀ CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION,਍ഀ OR NATIONAL ORIIN, AS PAGE CONTAINED IN RECORDED April 05,਍ഀ IN BOOK 174 AT AT਍ഀ 1963, IN BOOK 175 AT PAGE 33.਍ഀ 10. ACCESS AND UTILITY EASEMENT TEN FEET IN WIDTH ALONG THE SOUTHERLY LOT LINE਍ഀ AS SHOWN ON THE RECORDED PLAT OF BIGHORN TERRACE.਍ഀ 11. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT RECORDED March 12,਍ഀ 1969 IN BOOK 214 AT PAGE 773 AND RECORDED JANUARY 21, 1985, IN BOOK 405 AT਍ഀ PAGE 304.਍ഀ 12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN AND RESERVED ON THE਍ഀ RECORDED PLAT OF BIGHORN TERRACE.਍ഀ Page 2਍ഀ ,Form AO 4/95 Order No. V254143 Policy No. LTEH254143਍ഀ SCHEDULE B਍ഀ 13. ENCROACHMENT OF WOOD DECK AND FENCE ONTO HIGHWAY RIGHT OF WAY AS SHOWN ON਍ഀ IMPROVEMENT LOCATION CERTIFICATE PREPARED NOVEMBER 1, 1994 BY MEYER LAND਍ഀ SYSTEMS.਍ഀ 14. POWERLINE TRAVERSING SUBJECT PROPERTY AS SHOWN ON IMPROVEMENT LOCATION਍ഀ CERTIFICATE PREPARED NOVEMBER 1, 1994 BY MEYER LAND SYSTEMS.਍ഀ 15. ANY LOSS OR DAMAGE THE INSURED SHALL SUSTAIN DUE TO THE PARTY WALL NOT਍ഀ BEING LOCATED ON THE LOT LINE AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE਍ഀ PREPARED NOVEMBER 1, 1994 BY MEYER LAND SYSTEMS.਍ഀ 16. DEED OF TRUST DATED September 18, 1996, FROM GARY L. POST and CHERYL਍ഀ L. POST TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRST WESTERN਍ഀ MORTGAGE SERVICES, INC., TO SECURE THE SUM OF $140,000.00 RECORDED਍ഀ September 25, 1996, IN BOOK 706 AT PAGE 265.਍ഀ SAID DEED OF TRUST WAS ASSIGNED TO RELIASTAR MORTGAGE CORPORATION IN਍ഀ ASSIGNMENT RECORDED September 25, 1996, IN BOOK 706 AT PAGE 266.਍ഀ Page 3਍ഀ ~J਍ഀ ~j਍ഀ AL I਍ഀ Lff਍ഀ 1਍ഀ -0~2਍ഀ 11਍ഀ -/T /਍ഀ a਍ഀ E 1 IE J਍ഀ ~i~਍ഀ ■਍ഀ is਍ഀ z਍ഀ h਍ഀ u~਍ഀ ~i਍ഀ 4,.਍ഀ F7; _ f਍ഀ t਍ഀ -s਍ഀ F਍ഀ ' ,਍ഀ R'r਍ഀ ਍ഀ SU਍ഀ hi਍ഀ s vd਍ഀ ~t਍ഀ a਍ഀ 1਍ഀ Page 1 of 2਍ഀ Nicole Peterson - Post variance਍ഀ From:਍ഀ Nicole Peterson਍ഀ To:਍ഀ rod@preferredHRC.com਍ഀ Date:਍ഀ 7/31/2009 9:45 AM਍ഀ Subject:਍ഀ Post variance਍ഀ Dear Rodney,਍ഀ The Town of Vail Staff has preliminarily reviewed the variance application for the proposed addition to the Post਍ഀ Residence located at 4254 East Columbine Way, and has determined that the application is incomplete. Please਍ഀ submit satisfactory responses and/ or revisions to the following comments by 5:00 pm. Tuesday. August 4.਍ഀ 2009, to continue to the August 24, 2009 Planning and Environmental Commission hearing. Please submit਍ഀ satisfactory responses and/ or revisions (3 full sized copies of sheets with revisions) of the following:਍ഀ 1. Please collect and submit all signatures on the 'Utility Approval and Verification Form' (attached). Please਍ഀ note, there may be clearance requirements for the existing overhead power lines on the property.਍ഀ 2. Please add the following to the plan sheets - Plan Sheet Format (Applies to all plan sheets):਍ഀ 1. Indication of plan preparer, address and phone number.਍ഀ 2. Dates of original plan preparation and all revision dates.਍ഀ 3. Topographic survey/ Site and Grading Plan:਍ഀ 1. The existing deck and fence on the north side of the house, are non-conforming; and within the਍ഀ public right-of-way. The portions of the deck and fence within the right-of-way must be removed.਍ഀ Please label the proposed removal on the survey/ site plan.਍ഀ 2. Legal description and physical address.਍ഀ 3. Is there an easement over the existing power lines? If so, indicate all easements identified on the਍ഀ subdivision plat and recorded against the property as indicated in the title report. List any਍ഀ easement restrictions.਍ഀ 4. Electric Code requires that there be a minimum 3 foot clearance from the roof to the overhead਍ഀ power lines. Please note the clearance distance on the plan.਍ഀ 5. Topographic conditions at two foot contour intervals.਍ഀ 6. Setback lines.਍ഀ 7. Proposed grades. All disturbed areas must be returned to a 2:1 grade or PE stamped details of਍ഀ slope protection and/or stable soils are required.਍ഀ 8. All proposed roof ridge lines with proposed ridge elevations. Indicate existing (natural grade prior਍ഀ to construction of structure) and proposed grades shown underneath all roof lines. This will be਍ഀ used to calculate building height.਍ഀ 9. Location of limits of disturbance fencing.਍ഀ 4. Architectural Elevations਍ഀ 1. All existing and proposed exterior materials and colors shall be specified on the elevations.਍ഀ 2. Label dimensions of the proposed addition and specify new windows, doors and light fixtures਍ഀ (Provide Cut sheet(s) for any proposed fixtures)਍ഀ 3. Illustrate proposed building height elevation on roof lines and ridges. These elevations should਍ഀ coordinate with the finished floor elevations and the datum used for the survey.਍ഀ 5. Architectural Floor Plans਍ഀ 1. One set of floor plans must be "red-lined" indicating how the gross residential floor area (GRFA)਍ഀ was calculated. See Title 12, Chapter 15 - Gross Residential Floor Area for regulations.਍ഀ 6. Gross Residential Floor Area calculations (including allowable, existing, proposed, and total GRFA)਍ഀ 7. Site Development Standards calculations (existing and proposed): landscape area (requires square਍ഀ footage of building, driveway, decks, and patios), site coverage (building to site ratio), building height,਍ഀ setbacks, number of enclosed and unenclosed parking spaces.਍ഀ Thank you for your time and consideration. Please let me know if you have questions or concerns.਍ഀ Best,਍ഀ file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\4A72B... 08/04/2009਍ഀ TOWN OF YAIL਍ഀ THIS ITEM MAY AFFECT YOUR PROPERTY਍ഀ PUBLIC NOTICE਍ഀ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the਍ഀ Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town਍ഀ Code, on August 24, 2009, at 1:00 pm in the Town of Vail Municipal Building, in਍ഀ consideration of:਍ഀ A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7,਍ഀ Exterior Alterations or Modifications; and requests for conditional use permits, pursuant਍ഀ to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level;਍ഀ Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12-71-1-4,਍ഀ Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for਍ഀ the redevelopment of the Evergreen Lodge, with accommodation units and conference਍ഀ facilities and meeting rooms on the basement or garden level, accommodation units and਍ഀ conference facilities and meetings rooms on the first floor or street level, and eating and਍ഀ drinking establishment and a fractional fee club on the second floor and above, located਍ഀ at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2, and setting਍ഀ forth details in regard thereto. (PEC080033, PEC080072)਍ഀ Applicant: HCT Development, represented by TJ Brink਍ഀ Planner: Rachel Friede਍ഀ A request for a final review of a variances from 12-6G-6, Setbacks, 12-6G-9, and 12-60-਍ഀ 10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17,਍ഀ Variances, Vail Town Code, to allow for a residential addition, located at 4254 East਍ഀ Columbine Way, Unit 10/1-ot 10, Bighorn Terrace, and setting forth details in regard਍ഀ thereto. (PEC090023)਍ഀ 011 ~q Applicant: Cheryl Post, represented by Rodney Molitor Preferred Home Repair਍ഀ i Planner: Nicole Peterson਍ഀ A request for final review of an appeal of an administrative action, pursuant to Section਍ഀ 12-3-3, Appeals, Vail Town Code, appealing a staff determination that the One Willow਍ഀ Bridge Market Place is operating an exterior grill and business transactions in violation of਍ഀ the Vail Town Code, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and਍ഀ setting forth details in regard thereto. (PRJ05-0417)਍ഀ Appellant: MOMD, LLC, represented by Robert McNichols਍ഀ Planner: Bill Gibson਍ഀ The applications and information about the proposals are available for public inspection਍ഀ during office hours at the Town of Vail Community Development Department, 75 South਍ഀ Frontage Road. The public is invited to attend project orientation and the site visits that਍ഀ precede the public hearing in the Town of Vail Community Development Department.਍ഀ Please call 970-479-2138 for additional information.਍ഀ Sign language interpretation is available upon request, with 24-hour notification. Please਍ഀ call 970-479-2356, Telephone for the Hearing Impaired, for information.਍ഀ Published August 7, 2009, in the Vail Daily.਍ഀ ਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ ਍ഀ Statement Number: R090000914 Amount: $500.00 07/27/200903:53 PM਍ഀ Payment Method: Check Init: JLE਍ഀ Notation: 5301 CHERYL਍ഀ POST਍ഀ ਍ഀ Permit No: PEC090023 Type: PEC - Variance਍ഀ Parcel No: 2101-122-1401-0਍ഀ Site Address: 4254 COLUMBINE WY VAIL਍ഀ Location: UNIT 10, BIGHORN TERRACE਍ഀ Total Fees: $500.00਍ഀ This Payment: $500.00 Total ALL Pmts: $500.00਍ഀ Balance: $0.00਍ഀ ਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description Current Pmts਍ഀ ਍ഀ PV 00100003112500 PEC APPLICATION FEES 500.00਍ഀ I਍ഀ E਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: August 24, 2009਍ഀ SUBJECT: A request for a final review of a variance from 12-6G-6, Setbacks, Vail Town Code,਍ഀ pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential਍ഀ addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and਍ഀ setting forth details in regard thereto. (PEC090023)਍ഀ Applicant: Cheryl Post, represented by Rodney Molitor, Preferred Home Repair਍ഀ Planner: Nicole Peterson਍ഀ 1. SUMMARY਍ഀ The Applicant, Cheryl Post, represented by Rodney Molitor, Preferred Home Repair, is਍ഀ requesting a variance from 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,਍ഀ Variances, Vail Town Code, to allow for a residential addition, located at 4254 East਍ഀ Columbine Way, Unit 10. This variance request was originally noticed to include a਍ഀ landscape variance however, it was found to be un-necessary.਍ഀ Based upon Staff's review of the criteria in Section VII of this memorandum and the਍ഀ evidence and testimony presented, the Community Development Department recommends਍ഀ approval, with conditions stated in section VIII, subject to the findings noted in Section VII਍ഀ of this memorandum.਍ഀ II. DESCRIPTION OF REQUEST਍ഀ The Applicant is requesting to vary the east side setback from the required 20 feet to 1 foot਍ഀ to allow for a 39 square foot addition on the east side. The addition will allow for the਍ഀ expansion of living area. The addition does not encroach further into the side setback than਍ഀ the existing non-conforming structure, which is built within 1 foot of the east property line.਍ഀ III. BACKGROUND਍ഀ The Bighorn Terrace development was constructed in 1967, and was part of the Original਍ഀ Town of Vail established under Court Order 8-26-1966, prior to the adoption of the Vail਍ഀ Town Code in 1973. Most of the existing homes within Bighorn Terrace are encroaching਍ഀ into the side setbacks, making new construction, renovation, or structural changes਍ഀ impossible without the granting of a variance from the side setback regulations set forth in਍ഀ the Medium Density Multiple Family (MDMF) District. Most of the units are also non-਍ഀ conforming to landscaping due to the small lot sizes. Other variances of this nature have਍ഀ been granted to units within the Bighorn Terrace neighborhood and are further described਍ഀ below in Section VII, Criteria and Findings, of this memorandum.਍ഀ IV. APPLICABLE PLANNING DOCUMENTS਍ഀ VAIL TOWN CODE਍ഀ Section 12-2 Definitions (in part)਍ഀ SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a਍ഀ line or location within the lot or site which establishes the permitted location of uses,਍ഀ structures, or buildings on the site.਍ഀ SETBACK LINE: A line or location within a lot or site which establishes the permitted਍ഀ location of uses, structures, or buildings on the site.਍ഀ SETBACK LINE, SIDE: The setback line extending from the front setback line to the rear਍ഀ setback line parallel to and measured from the side lot or site line.਍ഀ Section 12-6G: Medium Density Multiple Family (MDMF) District (in part)਍ഀ 12-6G-1: PURPOSE:਍ഀ The medium density multiple-family district is intended to provide sites for multiple-family਍ഀ dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with਍ഀ such public facilities as may appropriately be located in the same zone district. The medium਍ഀ density multiple-family district is intended to ensure adequate light, air, open space, and਍ഀ other amenities commensurate with multiple-family occupancy, and to maintain the desirable਍ഀ residential qualities of the zone district by establishing appropriate site development਍ഀ standards. Certain nonresidential uses are permitted as conditional uses, and where਍ഀ permitted, are intended to blend harmoniously with the residential character of the zone਍ഀ district.਍ഀ 12-6G-6. SETBACKS:਍ഀ In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side਍ഀ setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20).਍ഀ Section 12-17 Variances (in part)਍ഀ 12-17-1: PURPOSE:਍ഀ A. Reasons For Seeking Variance. In order to prevent or to lessen such practical਍ഀ difficulties and unnecessary physical hardships inconsistent with the objectives of this਍ഀ title as would result from strict or literal interpretation and enforcement, variances from਍ഀ certain regulations may be granted. A practical difficulty or unnecessary physical਍ഀ hardship may result from the size, shape, or dimensions of a site or the location of਍ഀ existing structures thereon; from topographic orphysical conditions on the site orin਍ഀ the immediate vicinity; or fromotherphysicallimitations, street locations or conditions਍ഀ in the immediate vicinity. Cost or inconvenience to the Applicant of strict or literal਍ഀ compliance with a regulation shall not be a reason for granting a variance.਍ഀ B. Development Standards Excepted: Variances may be granted only with respect to the਍ഀ development standards prescribed for each district, including lot area and site਍ഀ dimensions, setbacks, distances between buildings, height, density control, building਍ഀ bulk control, site coverage, usable open space, landscaping and site development,਍ഀ 2਍ഀ and parking and loading requirements; or with respect to the provisions of chapter 11਍ഀ of this title, governing physical development on a site.਍ഀ V.਍ഀ C. Use Regulations Not Affected: The power to grant variances does not extend to the਍ഀ use regulations prescribed for each district because the flexibility necessary to avoid਍ഀ results inconsistent with the objectives of this title is provided by chapter 16,਍ഀ "Conditional Use Permits"; and by section 12-3-7, "Amendment" of this title.਍ഀ 12-17-7: PERMIT APPROVAL AND EFFECT:਍ഀ Approval of the variance shall lapse and become void if a building permit is not obtained and਍ഀ construction not commenced and diligently pursued toward completion within two (2) years਍ഀ from when the approval becomes final.਍ഀ SITE ANALYSIS਍ഀ Address:਍ഀ Legal Description:਍ഀ Zoning:਍ഀ Land Use Plan Designation਍ഀ Current Land Use:਍ഀ Lot Area਍ഀ Development Standard Required/Allowed Existing Proposed਍ഀ Min. Lot Area: 10,000 sq. ft. 1,437 sq. ft. No change਍ഀ Min. Setbacks਍ഀ Front:਍ഀ 20'਍ഀ 24'਍ഀ No change਍ഀ Sides:਍ഀ 20' (east)਍ഀ 1'਍ഀ 1'਍ഀ 20' (west)਍ഀ 0'਍ഀ No change਍ഀ Rear:਍ഀ 20'਍ഀ 3'਍ഀ No change਍ഀ Max. Building Height:਍ഀ 38'਍ഀ 20.25'਍ഀ No change਍ഀ Max. GRFA:਍ഀ 804 sq. ft.਍ഀ 1,070 sq. ft.*਍ഀ 39 sq. ft.*਍ഀ Max. Site Coverage:਍ഀ 45%਍ഀ 40.3%਍ഀ 42%਍ഀ Min. Landscape Area: 30% 9.3% No change਍ഀ (Existing deck਍ഀ under addition)਍ഀ Min. Parking: 2 spaces 2 spaces** No change਍ഀ * The existing structure already exceeds the maximum GRFA. However, the addition is਍ഀ permitted as a 250 addition under Section 12-15, Gross Residential Floor Area, Vail Town਍ഀ Code.਍ഀ Common parking areas exist across the street from the subject property, that provide 12਍ഀ spaces to the neighborhood. However, no private parking spaces exist on the subject਍ഀ property.਍ഀ 4254 Columbine Way਍ഀ Lot 10, Bighorn Terrace਍ഀ Medium Density Multiple Family਍ഀ Medium Density Residential਍ഀ Two-Family Dwelling਍ഀ 1,437 sq. ft. (.033 acres)਍ഀ 3਍ഀ VI਍ഀ VII਍ഀ SURROUNDING LAND USES AND ZONING਍ഀ I and Hse਍ഀ North: Bighorn Road਍ഀ South: Medium Density Residential਍ഀ East: Medium Density Residential਍ഀ West: Medium Density Residential਍ഀ Zonis਍ഀ Town Right-of-Way਍ഀ Medium Density Multiple Family (MDMF)਍ഀ Medium Density Multiple Family (MDMF)਍ഀ Medium Density Multiple Family (MDMF)਍ഀ CRITERIA AND FINDINGS਍ഀ The relationship of the requested variance to other existing or potential uses਍ഀ and structures in the vicinity.਍ഀ The Applicant is requesting to vary the east side setback from the required 20 feet to਍ഀ 1 foot to allow a 39 square foot addition, in an area currently occupied by a deck.਍ഀ The existing non-conforming structure is built within 1 foot of the east property line.਍ഀ The existing residence to the east is also built close to the shared property line਍ഀ (approximately 2 feet from the property line). Staff does not believe the neighbors਍ഀ will be negatively impacted by the proposed addition as there is an existing deck in਍ഀ the location of the proposed addition.਍ഀ 2. The degree to which relief from the strict and literal interpretation and਍ഀ enforcement of a specified regulation is necessary to achieve compatibility਍ഀ and uniformity of treatment among sites in the vicinity or to attain the਍ഀ objectives of this title without a grant of special privilege.਍ഀ Staff does not believe approval of the requested setback variance would be a grant਍ഀ of special privilege. Other units with-in the development have been granted਍ഀ variances to the side setbacks. The reason for the non-conformities is that਍ഀ structures in the Bighorn Terrace development were part of the original Town of Vail਍ഀ established under Court Order 8-26-1966, prior to the adoption of the Vail Town਍ഀ Code in 1973. The lot size, lot configuration and existing structure are all physical਍ഀ hardships on this lot which greatly restrict the ability of improvements to be made to਍ഀ the structure without a variance.਍ഀ 3. The effect of the requested variance on light and air, distribution of population,਍ഀ transportation and traffic facilities, public facilities and utilities, and public਍ഀ safety.਍ഀ Staff does not believe that approval of the setback variance, allowing a small 39 sq.਍ഀ ft. addition will have a negative effect on the factors listed above. However, there਍ഀ are two issues that involve the utilities and Town right-of-way, described below.਍ഀ It shall be noted that there are existing over-head power lines on the property that਍ഀ will not be moved or altered in any way, with the proposed addition. The utility lines਍ഀ have been reviewed and approved by Holy Cross Energy. Furthermore, the over-਍ഀ head power lines are exempt from the Town of Vail underground utility requirement਍ഀ (Section 14-10-10C) under Section 12-11-3C, Design Approval, Vail Town Code,਍ഀ 4਍ഀ which allows a one time exemption for an addition of up to 500 square feet, from਍ഀ Title 14, Design Standards.਍ഀ It shall be noted that portions of the existing fence and deck, in the rear yard (north਍ഀ side) of the property, are within Town right-of-way (Bighorn Road). The Town of Vail਍ഀ Public Works Department has determined that the proposed addition does not਍ഀ directly effect the encroachments, therefore the variance application may move਍ഀ forward. Furthermore, there are other encroachments into the right-of-way in the਍ഀ neighborhood. Public Works will pursue compliance of the neighborhood, separate਍ഀ from this request.਍ഀ 4. Such other factors and criteria as the commission deems applicable to the਍ഀ proposed variance.਍ഀ Another factor in consideration of the requested variances is that the Planning and਍ഀ Environmental Commission has approved similar variances within the Bighorn਍ഀ Terrace development. The following map illustrates the locations of the previous਍ഀ variance approvals in the neighborhood. The table on the next page describes each਍ഀ variance.਍ഀ 5਍ഀ Q)਍ഀ _0਍ഀ a)਍ഀ -0਍ഀ a)਍ഀ 4)਍ഀ D਍ഀ a)਍ഀ O਍ഀ a)਍ഀ _0਍ഀ 'a਍ഀ 'a਍ഀ O਍ഀ ਍ഀ 0਍ഀ L਍ഀ 0਍ഀ L਍ഀ L਍ഀ 0਍ഀ >਍ഀ 0਍ഀ L਍ഀ >਍ഀ 0਍ഀ L਍ഀ 0਍ഀ L਍ഀ >਍ഀ 0਍ഀ L਍ഀ >਍ഀ 0਍ഀ L਍ഀ >਍ഀ 0਍ഀ L਍ഀ >਍ഀ 0਍ഀ L਍ഀ r਍ഀ O਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ Q਍ഀ (0਍ഀ '3਍ഀ Q)਍ഀ a)਍ഀ a)਍ഀ a਍ഀ O਍ഀ L਍ഀ O਍ഀ L਍ഀ O਍ഀ O਍ഀ O਍ഀ L਍ഀ a)਍ഀ O਍ഀ O਍ഀ U਍ഀ U਍ഀ 3਍ഀ 3਍ഀ U) 3਍ഀ 0਍ഀ ~O਍ഀ O਍ഀ C:਍ഀ O਍ഀ (D਍ഀ N਍ഀ O਍ഀ p਍ഀ 0਍ഀ N਍ഀ r- (0਍ഀ O਍ഀ -਍ഀ 3਍ഀ p਍ഀ ~6਍ഀ C਍ഀ ਍ഀ (B਍ഀ -C਍ഀ U਍ഀ cu਍ഀ p਍ഀ m਍ഀ O਍ഀ 0਍ഀ 3਍ഀ a)਍ഀ m਍ഀ O਍ഀ (6਍ഀ U)਍ഀ o਍ഀ O L਍ഀ O a)਍ഀ y~਍ഀ Q਍ഀ '਍ഀ '਍ഀ _਍ഀ r.਍ഀ a)਍ഀ to਍ഀ In਍ഀ N਍ഀ N਍ഀ O਍ഀ M -a਍ഀ v਍ഀ -਍ഀ LO਍ഀ 3 c਍ഀ a)਍ഀ ਍ഀ M਍ഀ M਍ഀ N਍ഀ O)$ to਍ഀ O਍ഀ O਍ഀ X਍ഀ E਍ഀ L਍ഀ 0਍ഀ O਍ഀ -਍ഀ O਍ഀ -਍ഀ CT਍ഀ O਍ഀ (1)਍ഀ C਍ഀ r਍ഀ O਍ഀ a) b y਍ഀ >਍ഀ O਍ഀ N਍ഀ O਍ഀ N਍ഀ C U਍ഀ O਍ഀ 3਍ഀ (N਍ഀ O਍ഀ N਍ഀ O਍ഀ N਍ഀ O .U)਍ഀ C)਍ഀ O਍ഀ O਍ഀ O਍ഀ E਍ഀ (0਍ഀ m਍ഀ O਍ഀ O਍ഀ O਍ഀ <਍ഀ LL਍ഀ O U_ O਍ഀ 1਍ഀ U਍ഀ Y਍ഀ U਍ഀ C਍ഀ O U਍ഀ 0਍ഀ a)਍ഀ tB਍ഀ Y X਍ഀ U਍ഀ ,C X਍ഀ U਍ഀ Y X਍ഀ U a)਍ഀ Of਍ഀ C (0਍ഀ Q 3 L਍ഀ (0 C਍ഀ -0਍ഀ (Q਍ഀ .a -O-਍ഀ a) cu਍ഀ _਍ഀ O਍ഀ N਍ഀ a)਍ഀ cu਍ഀ Q਍ഀ M਍ഀ :3਍ഀ cu਍ഀ -0 ::3਍ഀ (D਍ഀ Q ^ >਍ഀ $਍ഀ a) L਍ഀ co਍ഀ a) -0਍ഀ a)਍ഀ ate)਍ഀ 0਍ഀ U਍ഀ (n 0- U਍ഀ U -C਍ഀ tB਍ഀ to -p਍ഀ (6਍ഀ _r M਍ഀ C਍ഀ m a)਍ഀ L਍ഀ (Q਍ഀ C਍ഀ to cy"਍ഀ a) c਍ഀ to cr,਍ഀ L C਍ഀ C਍ഀ 0਍ഀ ° Ln C਍ഀ o 3਍ഀ 0 3਍ഀ °਍ഀ c਍ഀ 1•-਍ഀ n਍ഀ n਍ഀ a~i ?਍ഀ a਍ഀ m C) U਍ഀ ~ ~਍ഀ ~ ~਍ഀ 0਍ഀ a)਍ഀ 0਍ഀ 4 X਍ഀ X਍ഀ _਍ഀ L 'X਍ഀ -਍ഀ -NZ਍ഀ v U਍ഀ a) ca਍ഀ a) co਍ഀ 0਍ഀ U)਍ഀ Y਍ഀ cy,਍ഀ "O਍ഀ a)਍ഀ 0 a)਍ഀ a)਍ഀ a a)਍ഀ a)਍ഀ U਍ഀ m਍ഀ a) o U਍ഀ -0਍ഀ L_਍ഀ D਍ഀ p਍ഀ L~਍ഀ :3਍ഀ O਍ഀ C਍ഀ O਍ഀ <਍ഀ O਍ഀ U L਍ഀ U਍ഀ O਍ഀ C਍ഀ m਍ഀ :3਍ഀ C਍ഀ O Co਍ഀ C਍ഀ ~ Co਍ഀ Q਍ഀ r਍ഀ p O :਍ഀ - N਍ഀ O.਍ഀ C਍ഀ (਍ഀ C਍ഀ .਍ഀ -0਍ഀ m਍ഀ -0 O਍ഀ 07O਍ഀ N਍ഀ 0 p਍ഀ a)਍ഀ 07 O਍ഀ a)਍ഀ Cl)਍ഀ v਍ഀ (II O J਍ഀ -਍ഀ O਍ഀ O਍ഀ -p O਍ഀ O਍ഀ a) O਍ഀ U਍ഀ N਍ഀ L C਍ഀ L C਍ഀ L C਍ഀ -6਍ഀ N਍ഀ (L)਍ഀ C਍ഀ D਍ഀ a) U਍ഀ a) U਍ഀ cB਍ഀ L਍ഀ D਍ഀ C਍ഀ a) O_਍ഀ a--਍ഀ O O਍ഀ r--਍ഀ O O਍ഀ r--Fn਍ഀ N਍ഀ O਍ഀ a--਍ഀ F਍ഀ U਍ഀ E਍ഀ r-+ L਍ഀ w+fn਍ഀ .--L਍ഀ n਍ഀ a)਍ഀ U਍ഀ r 0਍ഀ N਍ഀ m C:਍ഀ cz਍ഀ E (O਍ഀ c਍ഀ L਍ഀ m਍ഀ :3਍ഀ OL 'D C਍ഀ LO C਍ഀ OL p਍ഀ O O਍ഀ p਍ഀ O O਍ഀ U਍ഀ X਍ഀ X਍ഀ X਍ഀ Q਍ഀ LL E਍ഀ LL °਍ഀ LL U਍ഀ D U਍ഀ 0~ co਍ഀ w਍ഀ LL a)਍ഀ LL a)਍ഀ LL a)਍ഀ a)਍ഀ r਍ഀ co਍ഀ O਍ഀ 0o਍ഀ O਍ഀ co਍ഀ O਍ഀ O਍ഀ LO਍ഀ O਍ഀ U')਍ഀ O਍ഀ O਍ഀ 7਍ഀ O਍ഀ ~7਍ഀ O਍ഀ LO਍ഀ co਍ഀ O਍ഀ O਍ഀ O਍ഀ O਍ഀ O਍ഀ O਍ഀ O਍ഀ O਍ഀ O਍ഀ O਍ഀ 0਍ഀ r਍ഀ N਍ഀ N਍ഀ N਍ഀ r਍ഀ r਍ഀ r਍ഀ r਍ഀ m਍ഀ M਍ഀ M਍ഀ r'਍ഀ co਍ഀ O਍ഀ co਍ഀ O਍ഀ co਍ഀ O਍ഀ (O਍ഀ O਍ഀ m਍ഀ O਍ഀ m਍ഀ O਍ഀ 0')਍ഀ C)਍ഀ C14਍ഀ N਍ഀ r-਍ഀ co਍ഀ O਍ഀ 00਍ഀ O਍ഀ co਍ഀ (D਍ഀ C)਍ഀ a)਍ഀ a)਍ഀ (B਍ഀ U਍ഀ -Ne਍ഀ U਍ഀ r਍ഀ -Nc c਍ഀ U w਍ഀ Y਍ഀ U਍ഀ N਍ഀ ,C਍ഀ U਍ഀ cn਍ഀ U਍ഀ Y਍ഀ U਍ഀ (n਍ഀ Y a)਍ഀ U਍ഀ U਍ഀ >U਍ഀ O਍ഀ H਍ഀ U਍ഀ _0਍ഀ m਍ഀ -0 C਍ഀ IB਍ഀ a)਍ഀ m਍ഀ 0਍ഀ IB਍ഀ Q਍ഀ m਍ഀ -0਍ഀ (6਍ഀ -0 o਍ഀ (u L਍ഀ -0਍ഀ ca਍ഀ U L਍ഀ C C਍ഀ L਍ഀ m਍ഀ (B਍ഀ a) ~਍ഀ a) _0਍ഀ -਍ഀ a)਍ഀ a)਍ഀ a)਍ഀ L਍ഀ a)਍ഀ 0 w਍ഀ a) O 0਍ഀ J਍ഀ Cn LL਍ഀ (n Fn਍ഀ to਍ഀ to਍ഀ to਍ഀ Cn LL਍ഀ U) Fn਍ഀ U) CC਍ഀ U (n਍ഀ Un਍ഀ O਍ഀ E U ~਍ഀ ti਍ഀ C4਍ഀ L c਍ഀ U਍ഀ r਍ഀ c: a)਍ഀ U N਍ഀ N਍ഀ C:਍ഀ O U m਍ഀ m਍ഀ r਍ഀ L਍ഀ ਍ഀ -r CU਍ഀ ਍ഀ ~਍ഀ a਍ഀ )਍ഀ 13਍ഀ ~O =਍ഀ 0) =਍ഀ ~O =਍ഀ ~O਍ഀ (D਍ഀ D਍ഀ m਍ഀ J਍ഀ EDF- D਍ഀ CD F-~਍ഀ ED਍ഀ F-਍ഀ (D਍ഀ C਍ഀ a)਍ഀ C਍ഀ m਍ഀ C਍ഀ a)਍ഀ C਍ഀ m਍ഀ C਍ഀ N਍ഀ U)਍ഀ m਍ഀ E਍ഀ E਍ഀ E਍ഀ E਍ഀ E਍ഀ It਍ഀ p (B਍ഀ CN਍ഀ (0਍ഀ N p਍ഀ (D਍ഀ N L-਍ഀ t-- a)਍ഀ N p •c਍ഀ r-਍ഀ N 0L-:਍ഀ Q਍ഀ N਍ഀ 'IT਍ഀ >਍ഀ ~C)਍ഀ I- U0਍ഀ "TC.)0਍ഀ cT C) 0਍ഀ CO਍ഀ VIII. STAFF RECOMMENDATION਍ഀ The Community Development Department recommends approval, with conditions, of the਍ഀ requested variance from 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,਍ഀ Variances, Vail Town Code, to allow for a residential addition, located at 4254 East਍ഀ Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and setting forth details in regard thereto.਍ഀ Staff's recommendation is based upon the review of the criteria in Section VII of this਍ഀ memorandum.਍ഀ Should the Planning and Environmental Commission choose to approve the variance਍ഀ request, the Community Development Department recommends, the Commission pass the਍ഀ following motion:਍ഀ "The Planning and Environmental Commission approves a a variance from 12-਍ഀ 6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail਍ഀ Town Code, to allow for a residential addition, located at 4254 East Columbine਍ഀ Way, Unit 10/Lot 10, Bighorn Terrace"਍ഀ Should the Planning and Environmental Commission choose to approve the variance਍ഀ request, Staff recommends the following condition:਍ഀ "1. The variance approval is contingent on the Applicant obtaining Town of Vail਍ഀ approval of a design review application for the proposed addition."਍ഀ Should the Planning and Environmental Commission choose to approve the variance਍ഀ requests, Staff recommends the Commission, make the following findings:਍ഀ "I. That the granting of the variance does not constitute a grant of special privilege਍ഀ inconsistent with the limitations on other properties.਍ഀ 2. That the granting of the variance will not be detrimental to the public health,਍ഀ safety or welfare, or materially injurious to properties or improvements in the਍ഀ vicinity.਍ഀ 3. That the strict literal interpretation or enforcement of the setback regulations਍ഀ results in a practical difficulty or unnecessary physical hardship inconsistent with਍ഀ the development objectives of the Town Code.਍ഀ 4. That the strict interpretation or enforcement of the specified regulation would਍ഀ deprive the Applicant of privileges enjoyed by the owners of other properties in਍ഀ the vicinity."਍ഀ IX. ATTACHMENTS਍ഀ A. Vicinity Map਍ഀ B. Letter from Applicant਍ഀ C. Plans਍ഀ D. Public Notice਍ഀ 7਍ഀ Attachment A: Vicinity Map਍ഀ Attachment B: Letter from Applicant਍ഀ July 23, 2009਍ഀ TO: Planning and Environmental Commission਍ഀ RE: Project Narrative for 4254 East Columbine Way Unit 10 Bighorn Terrace਍ഀ Last year when my husband was quite ill, we realized how inaccessible the house was for਍ഀ someone who needed a walker. While the upstairs may not ever be easily accessible due਍ഀ to the narrow stairs, it would be nice if at least the main floor was accessible.਍ഀ Accessibility is currently restricted by the placement of a support column in the entry to਍ഀ the kitchen, and the narrow (2 ft.) door between the bath and kitchen.਍ഀ The proposed remodel will add a standard size door and a shower to the half bath. It will਍ഀ also reconfigure the kitchen so that the support column does not interfere with access.਍ഀ The plans provide for a small extension of living area into the area which is now wood਍ഀ deck (6ft x 6.5ft,) to offset the living space being lost to the bathroom expansion and਍ഀ avoid over crowding. The additional space will fit nicely into the building profile, see਍ഀ photo's #4,45,47, #12. This small addition will match the existing building਍ഀ design/finish and would not have any offsite impact.਍ഀ This Duplex was constructed in the late 60s when the area was unincorporated Eagle਍ഀ County. Since then is has become part of Vail and is now subject to zoning and building਍ഀ codes. Under current regulations, the duplex probably could not be built. Without a਍ഀ variance, no addition (no matter how small) can be constructed. Other units in the਍ഀ development have added similar small additions.਍ഀ Post਍ഀ Owner Representative਍ഀ Rodney Molitor਍ഀ Preferred Home Repair and Construction, LLC਍ഀ 720-343-6994਍ഀ 9਍ഀ -143਍ഀ AT਍ഀ A~਍ഀ ਍ഀ 7਍ഀ -਍ഀ AG਍ഀ 11਍ഀ ~i2਍ഀ 0਍ഀ Attachment C: Plans਍ഀ 4਍ഀ r਍ഀ r ~ 6਍ഀ ਍ഀ 13਍ഀ t / g਍ഀ ~`e 4਍ഀ k g਍ഀ r t਍ഀ -s f਍ഀ II 'mac ~ ~ z rte. r'> C਍ഀ M M਍ഀ m•421ZC਍ഀ At.~j਍ഀ Fn 9-0਍ഀ fig Irr਍ഀ -c flog਍ഀ > If਍ഀ 0 Q P~~ ' r ~III U11਍ഀ if ~ r4 Fs}+z t artiC $a~ t!'਍ഀ jilh -.1਍ഀ M;A } At F b਍ഀ s. Y਍ഀ rn C ix g਍ഀ QQ 3's਍ഀ C7 S , _ % y}਍ഀ i਍ഀ Oft R` a Ile਍ഀ 14਍ഀ 12਍ഀ ~v਍ഀ t਍ഀ 14਍ഀ 1i਍ഀ 1਍ഀ i਍ഀ 1 1਍ഀ 1 1 •'M1਍ഀ I਍ഀ r y਍ഀ o! 1਍ഀ r਍ഀ 4 3 1~਍ഀ ~S 1਍ഀ 1~਍ഀ as਍ഀ A਍ഀ v# j 4L਍ഀ o਍ഀ a਍ഀ r਍ഀ 15਍ഀ ਍ഀ r਍ഀ J(਍ഀ ਍ഀ t ~਍ഀ . a਍ഀ I਍ഀ e°~਍ഀ ਍ഀ ਍ഀ ਍ഀ fi ~਍ഀ ~਍ഀ x~਍ഀ ~਍ഀ ~਍ഀ _਍ഀ ਍ഀ ~r਍ഀ 7਍ഀ ~਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ ਍ഀ .਍ഀ `਍ഀ . w.਍ഀ .਍ഀ Attachment D: Notice਍ഀ 6I1਍ഀ TOWNV OF PAIL਍ഀ THIS ITEM MAY AFFECT YOUR PROPERTY਍ഀ PUBLIC NOTICE਍ഀ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the਍ഀ Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town਍ഀ Code, on August 24, 2009, at 1:00 pm in the Town of Vail Municipal Building, in਍ഀ consideration of-਍ഀ A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7,਍ഀ Exterior Alterations or Modifications; and requests for conditional use permits, pursuant਍ഀ to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level;਍ഀ Section 12-71-1-3, Permitted and Qonditional Uses, First Floor or Street Level; 12-7H-4,਍ഀ Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for਍ഀ the redevelopment of the Evergreen Lodge, with accommodation units and conference਍ഀ facilities and meeting rooms on the basement or garden level, accommodation units and਍ഀ conference facilities and meetings rooms on the first floor or street level, and eating and਍ഀ drinking establishment and a fractional fee club on the second floor and above, located਍ഀ at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2, and setting਍ഀ forth details in regard thereto. (PEC080033, PEC080072)਍ഀ Applicant: HCT Development, represented by TJ Brink਍ഀ Planner: Rachel Friede਍ഀ A request for a final review of a variances from 12-6G-6, Setbacks, 12-6G-9, and 12-60-਍ഀ 10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter-12--17,਍ഀ Variances, Vail Town Code, to allow for a residential addition, located at 4254 East਍ഀ Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and setting forth details in regard਍ഀ thereto, (PEC090023)਍ഀ Applicant: Cheryl Post, represented by Rodney Molitor Preferred Home Repair਍ഀ i Planner. Nicole Peterson਍ഀ A request for final review of an appeal of an administrative action, pursuant to Section਍ഀ 12-3-3, Appeals, Vail Town Code, appealing a staff determination that the One Willow਍ഀ Bridge Market Place is operating an exterior grill and business transactions in violation of਍ഀ the Vail Town Code, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and਍ഀ setting forth details in regard thereto. (PRJ05-0417)਍ഀ Appellant: MOMD, LLC, represented by Robert McNichols਍ഀ Planner: Bill Gibson਍ഀ The applications and information about the proposals are available for public inspection਍ഀ during office hours at the Town of Vail Community Development Department, 75 South਍ഀ Frontage Road. The public is invited to attend project orientation and the site visits that਍ഀ precede the public hearing in the Town of Vail Community Development Department.਍ഀ Please call 970-479-2138 for additional information,਍ഀ Sign language interpretation is available upon request, with 24-hour notification. Please਍ഀ call 970-479-2356, Telephone for the Hearing Impaired, for information.਍ഀ Published August 7, 2009, in the Vail Daily.਍ഀ 17਍ഀ