HomeMy WebLinkAboutPEC110011Tom
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Planning and Environmental Commisson
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.corn
Project Name: Tyrolean Unit 7 250 Addition PEC Number: PEC110011
Project Description:
Variance to allow for a deck infill to encroach into the rear setback and reduce from the required
20 feet to 13 feet.
Participants:
OWNER BLACK STALLION HOLDINGS INC 01/26/2011
791 CRANDON BLVD
#807
KEY BISCAYNE
FL 33149
APPLICANT BLACK STALLION HOLDINGS INC 01/26/2011
791 CRANDON BLVD
#807
KEY BISCAYNE
FL 33149
Project Address: 400 E MEADOW DR VAIL Location: TYROLEAN CONDOS UNIT 7
Legal Description: Lot: Block: Subdivision: VAIL VILLAGE FILING 1
Parcel Number: 2101- 082 - 5202 -6
Comments: See conditions
BOARD /STAFF ACTION
Motion By: Kurz Action: APPROVED
Second By: Rediker
Vote: 6 -0 -1 Pierce recused Date of Approval: 02/28/2011
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: CON0011790
Approval of this variance is contingent upon the applicants obtaining Town of Vail
design review approval for this proposal.
Cond: CON0011791
Prior to the issuance of a building permit, the applicant shall mitigate the impacts
on employee housing resulting from the construction of 250 square feet of new gross
residential floor area in accordance with the provisions of Chapter 12 -24,
Inclusionary Zoning.
Planner: Bill Gibson PEC Fee Paid: $500.00
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 28, 2011
SUBJECT: A request for the review of a variance from Section 12 -6H -6, Setbacks, Vail Town
Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an
addition within the setback, located at 400 East Meadow Drive, Unit 7 (Tyrolean
Inn) /Part of Tract B, Block 5, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC110011)
Applicant: Black Stallion Holdings, represented by Pierce Architects
Planner: Bill Gibson
SUMMARY
The applicant, Black Stallion Holdings, represented by Pierce Architects, is requesting a
setback variance to allow for an addition into the side setback area at Tyrolean Inn, Unit
7. Based upon Staff's review of the criteria outlined in Section VII of this memorandum
and the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of this application, subject to the findings
noted in Section VIII of this memorandum. A vicinity map (Attachment A), photographs
(Attachment B), the applicants' request (Attachment C), and proposed architectural
plans (Attachment D) are attached for review.
II. DESCRIPTION OF REQUEST
The applicant, Black Stallion Holdings, represented by Pierce Architects, are requesting
a variance to facilitate the construction of an addition to infill a portion of the existing
balconies 7 feet into the 20 foot setback area on Unit 7, Tyrolean Condominiums.
The existing Tyrolean Condominiums are legally non - conforming in regard to the density
(GRFA) and setback standards of the High Density Multiple - Family District. Since the
Tyrolean Condominiums are legally non - conforming in terms of density, the applicants
are utilizing the "250 Ordinance" additional GRFA (gross residential floor area) provision
of the Vail Town Code to facilitate this addition.
The subject property, Unit 7, is located on the upper levels of the Tyrolean Condominium
building with exterior walls on the west, south, and east elevations. The applicant is
proposing two additions that will infill portions of the existing Unit 7 balconies. The
southern addition adds 87 sq.ft. of floor area to the existing master bedroom bath and
closet by infilling portions of the existing south balcony. This addition also includes the
construction of a new south facing dormer associated with an "interior conversion" of
existing vaulted space. The southern proposed addition complies with the High Density
Multiple - Family District side setback requirements and does not require a setback
variance.
The proposed Unit 7 east addition adds 95 sq.ft. to the existing main level kitchen and
living room and adds 68 sq.ft. to the loft directly above. This addition will infill a portion
of the existing balcony on the east elevation of Unit 7. The existing Unit 7 already
encroaches approximately two feet into the 20 foot High Density Multiple - Family District
rear setback area. The proposed main floor kitchen and living room addition and loft
addition above will reduce the Unit 7 rear setback from 18 feet to 13 feet. This proposed
addition to Unit 7 encroaches less into the rear setback area than the existing garage
level below. The partially below -grade garage level of the Tyrolean Condominiums is
located within two feet of the eastern property boundary.
Since both proposed additions are located above existing lower levels of the Tyrolean
Condominium building, there is no change to the existing site coverage or landscape
area calculations associated with this proposal.
BACKGROUND
The subject property was part of the Original Town of Vail that was established in 1966
In 1968, the Blue Cow Restaurant was constructed on the southern portion of the
subject property.
In 1980, the Tyrolean Condominiums were constructed (within the south and east
setbacks) and attached to the existing "Blue Cow" restaurant structure.
On May 10, 2004 a variance was granted to allow the floor area of the former restaurant
to be converted into gross residential floor area (GRFA).
On July 26, 2004 a setback variance was granted to allow for exterior alterations to Unit
9.
On May 9, 2005 a setback variance was granted for a balcony infill 250 addition to Unit
6.
On May 9, 2005 design review approval was granted for "interior conversion" additions
to the subject Unit 7.
On January 2, 2007 setback variances were granted for balcony infill 250 additions to
Units 3, 5, and 8.
IV. APPLICABLE PLANNING DOCUMENTS
Town of Vail Land Use Plan (in part)
CHAPTER II, LAND USE PLAN GOALS / POLICIES (in part)
1. General Growth /Development (in part)
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5. Residential (in part)
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
Vail Village Master Plan (in part)
GOAL 1. Encourage high quality, redevelopment while preserving unique architectural
scale of the village in order to sustain its sense of community and identity.
Objective 1.1. Implement a consistent development review process to reinforce
the character of the Village.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Objective 1.4: Recognize the "historic" importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas
and other similar features shall be taken into consideration in the
development review process.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect
and maintain the existing character of Vail Village.
Policy 1.4.3: Identification of "historic" importance shall not be used as
the sole means of preventing or prohibiting development in Vail Village.
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12 -6H: HIGH DENSITY MULTIPLE FAMILY DISTRICT (in part)
12 -6H -1: Purpose: The high density multiple- family district is intended to provide
sites for multiple - family dwellings at densities to a maximum of twenty five (25)
dwelling units per acre, together with such public and semipublic facilities and
lodges, private recreation facilities and related visitor oriented uses as may
appropriately be located in the same zone district. The high density multiple -
family district is intended to ensure adequate light, air, open space, and other
amenities commensurate with high density apartment, condominium and lodge
uses, and to maintain the desirable residential and resort qualities of the zone
district by establishing appropriate site development standards. Certain
nonresidential uses are permitted as conditional uses, which relate to the nature
of Vail as a winter and summer recreation and vacation community and, where
permitted, are intended to blend harmoniously with the residential character of
the zone district.
12 -6H -6: Setbacks: 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).
V
CHAPTER 12 -15: GROSS RESIDENTIAL FLOOR AREA (in part)
12 -15 -5: Additional Gross Residential Floor Area (250 ordinance):
A. Purpose: The purpose of this section is to provide an inducement for the
upgrading of existing dwelling units which have been in existence within the town
for a period of at least five (5) years by permitting the addition of up to two
hundred fifty (250) square feet of gross residential floor area (GRFA) to such
dwelling units, provided the criteria set forth in this section are met. This section
does not assure each single - family or two - family dwelling unit located within the
town an additional two hundred fifty (250) square feet, and proposals for any
additions hereunder shall be reviewed closely with respect to site planning,
impact on adjacent properties, and applicable town development standards. The
two hundred fifty (250) square feet of additional gross residential floor area may
be granted to existing single- family dwellings, existing two - family and existing
multi - family dwelling units only once, but may be requested and granted in more
than one increment of less than two hundred fifty (250) square feet. Upgrading of
an existing dwelling unit under this section shall include additions thereto or
renovations thereof, but a demo /rebuild shall not be included as being eligible for
additional gross residential floor area.
CHAPTER 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 or physical conditions on the site or in the immediate vicinity; or from
other physical limitations, 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.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Current Land Use:
Development Site Size:
Hazards:
Development Standard
Density, building (max):
Setbacks, building (min):
Front (west):
Rear (east):
Side (north):
400 East Meadow Drive, Unit 7
Part of Tract B, Block 5, Vail Village Filing
High Density Multiple - Family District
Village Master Plan
High Density Residential
16,039 sq. ft. (0.368 acres)
None
Allowed /Required
Existi[Ig
Proposed
9 DUs
9 DUs
no change
20 ft.
1 ft.
no change
20 ft.
2 ft.
no change*
20 ft.
15 ft.
no change
4
VI
Side (south): 20 ft. 6 ft. no change
Setbacks, Unit 7 (min)
Front (west):
20 ft.
28 ft.
no change
Rear (east):
20 ft.
18 ft.
13 ft.*
Side (north):
20 ft.
63 ft. **
no change
Side (south):
20 ft.
52 ft.
49 ft.
Height, Unit 7 (max):
48 ft.
48 ft.
44 ft.
GRFA, building (max):
12,190 sq.ft.
15,725 sq.ft.
no change
GRFA, Unit 7 (max):
"250 Ordinance"
0
250 of 250
Site Coverage, building (max):
55%
57%
no change
(8,821 sq.ft.)
(9,078 sq.ft.)
Landscape Area, building (min):
30%
43%
no change
(4,812 sq.ft.)
(6,981 sq.ft.)
Parking, total (min): 19 spaces 23 spaces no change
*Lower levels of the existing building are closer to the property lines than the proposed addition.
* *The existing north side of Unit 7 is located interior to the building.
SURROUNDING LAND USES AND ZONING
VII. REVIEW CRITERIA
Zoning
N/A
Natural Area Preservation District
High Density Multiple - Family District
General Use District
The review criteria for a variance request are prescribed in Chapter 12 -17, Variances,
Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The eastern portion of Unit 7 currently encroaches approximately two feet into the 20
foot High Density Multiple - Family District rear setback area. The proposed main floor
kitchen and living room addition and loft addition above will reduce the Unit 7 rear
setback from 18 feet to 13 feet. However, this proposed addition to Unit 7 encroaches
less into the rear setback than the existing garage level below. The garage level of the
Tyrolean Condominiums is located within two feet of the eastern property boundary.
The existing Tyrolean Condominium building has painted stucco walls with solid wood
siding balcony railings and solid wood siding "screen" or "mask" walls which create the
perception of building bulk and mass. The proposed eastern deck infill addition to Unit 7
5
Current Land Use
North:
1 -70 /Hwy. 6 Right -of -Way
South:
Gore Creek Stream Tract
East:
Multiple - Family Residential
West:
Public Parking Structure
VII. REVIEW CRITERIA
Zoning
N/A
Natural Area Preservation District
High Density Multiple - Family District
General Use District
The review criteria for a variance request are prescribed in Chapter 12 -17, Variances,
Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The eastern portion of Unit 7 currently encroaches approximately two feet into the 20
foot High Density Multiple - Family District rear setback area. The proposed main floor
kitchen and living room addition and loft addition above will reduce the Unit 7 rear
setback from 18 feet to 13 feet. However, this proposed addition to Unit 7 encroaches
less into the rear setback than the existing garage level below. The garage level of the
Tyrolean Condominiums is located within two feet of the eastern property boundary.
The existing Tyrolean Condominium building has painted stucco walls with solid wood
siding balcony railings and solid wood siding "screen" or "mask" walls which create the
perception of building bulk and mass. The proposed eastern deck infill addition to Unit 7
5
will be no closer to the eastern property boundary than the existing solid rail balcony and
"screen" or "mask" walls eastern balcony which are already perceived as bulk and mass.
In 2005, the adjacent Unit 6 of the Tyrolean Condominiums was granted a setback
variance to construct a similar main level and loft additions on the east elevation of the
building. This now constructed Unit 6 addition infilled the eastern balcony directly north
of Unit 7. The subject Unit 7 eastern addition will encroach no further into the rear
setback area than the constructed Unit 6 addition.
The Vail Mountain View Residences is located east of the Tyrolean Condominiums and
is the neighboring property most directly affected by this proposal. Given the various
existing encroachments of the Tyrolean Condominiums into the eastern setback and the
presence to the existing screen or mask walls on the eastern fagade of the building, Staff
believes the visual impact of this proposal to the neighboring property will be minimal in
comparison to existing conditions.
Therefore, Staff finds this proposal will not negatively affect the other existing or potential
uses and structures in the vicinity in comparison to existing conditions.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
The Town of Vail has granted setback variance to Units 3, 5, 6, 8, and 9 to facilitate
additions and renovations to these units. The subject setback variance proposal will
allow the applicant the ability to expand their unit in a similar manner to other units in the
Tyrolean Condominiums. The applicant's proposed eastern addition will encroach no
further into the rear setback area than the adjacent, constructed Unit 6 addition which
has 13 foot setback from the property boundary.
Staff believes the proposed variance is consistent with the goals and purposes of the
Town of Vail Land Use Plan, Vail Village Master Plan, and the High Density Multiple -
Family District identified in Section IV of this memorandum.
Therefore, Staff finds the proposed relief from the setback regulations is necessary to
achieve compatibility and uniformity of treatment among sites in the vicinity and to attain
the objectives of this title without a grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The proposed variance will facilitate an addition in the rear setback area that will not
alter population; will not increase the required number of parking spaces; will not affect
any existing transportation or traffic facilities, public facilities, or utilities; and will not
affect public safety in comparison to existing conditions. Therefore, Staff finds the
proposed variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Con
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17,
Variances, Vail Town Code, to allow for an addition within the setback, located at 400
East Meadow Drive, Unit 7 (Tyrolean Inn) /Part of Tract B, Block 5, Vail Village Filing 1,
and setting forth details in regard thereto. This recommendation is based upon the
review of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicants' request
for a variance from Section 12 -6H -6, Setbacks, Vail Town Code, pursuant to
Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the
setback, located at 400 East Meadow Drive, Unit 7 (Tyrolean Inn) /Part of Tract B,
Block 5, Vail Village Filing 1, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission applies
the following conditions:
"I. Approval of this variance is contingent upon the applicants obtaining Town of
Vail design review approval for this proposal.
2. Prior to the issuance of a building permit, the applicant shall mitigate the
impacts on employee housing resulting from the construction of 250 square feet
of new gross residential floor area in accordance with the provisions of Chapter
12 -24, Inclusionary Zoning. "
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
'Based upon a review of Section Vll of the February 28, 2011 staff memorandum
to the Planning and Environmental Commission, and the evidence and testimony
presented, the Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the High
Density Multiple- Family District.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. This variance is warranted for the following reasons.
a. The strict literal interpretation or enforcement of the specified
7
U
regulation will result in practical
hardship inconsistent with the
Regulations, Vail Town Code.
difficulty or unnecessary physical
objectives of Title 12, Zoning
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally
to other properties in the High Density Multiple- Family District.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the High Density Multiple - Family
District."
ATTACHMENTS
A. Vicinity Map
B. Photographs
C. Applicants' Request
D. Architectural Plans
Variance Request - Setbacks
Part of Tract BY Block 5, Vail Village Filing I
(400 East Meadow Drive, Unit 7 - Tyrolean Inn)
Subject
Property
]Feet
100
'mwj Ftblmn/ Nk N,
0
m
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—i
9
ATTACHMENT B
10
12
'-ti
ATTACHMENT C
PIERCE ARCHITECTS
VAIL. CotosADO
January 24, 2011
To: Planning and Environmental Commission
Tyrolean Condominiums Unit 7
Tyrolean Condominiums, l,ot 5D
Vail Village I" Filling
Request for Setback Variance
Purpose:
Pierce Architects on behalf of the owner is requesting a variance from the required
setback standard in the High Density Multiple Family (HDMF) zoning district from 20'
(side setback minimum) to 15' -5" to utilize the 250 square foot addition permitted for
dwelling units in HDMF zone district.
Details of Proposal:
There are two additions being proposed, one to the south that has no impact on setback
and one to the east that encroaches into the 20' side setback.
Back round.
- In 1968, the Blue Cow Restaurant was constructed on the southern portion of the
subject property.
- In 1969, the property was zoned High Density Multiple Family (HDMF) which
allowed restaurants as an accessory use with in a multiple- family building.
- In 1973, the Town of Vail re- adopted the zoning regulations (Ordinance No. 8,
1973) and removed restaurants as an accessory use in the HDMF zone district,
thereby making the Tyrolean Restaurant (the Blue Cow Restaurant) a
nonconforming use.
- In 1980, the Tyrolean Condominiums were constructed and attached to the existing
"Blue Cow" restaurant structure. The subject property currently contains 8
individual dwelling units, the Tyrolean Restaurant, which includes two additional
dwelling units, 20 enclosed parking spaces and three surface parking spaces.
- On May 10, 2004, a variance was approved, with one condition, to allow the floor
area that was once the Tyrolean Restaurant to be converted into gross residential
floor area (GRFA).
- On July 26, 2004, a setback variance was granted for Unit 9 to allow for
construction of a minor exterior alteration.
16
FRITZLEN PIERCE ARCHITECTS
VAII., COtO MDO
- On May 9, 2005, a setback variance and site coverage variance was granted for Unit
6 to allow for the construction of a residential addition within the side setback.
- On May 9, 2005, a setback variance was granted for Unit 7 to allow for the
construction of a residential addition within the side setback.
Upon completion, the building was non - conforming with respect to site coverage,
setbacks and exterior lighting. This pre - existing nonconforming condition through no
fault of the applicant(s) is a hardship based on the strict interpretation of the code.
Approval Criteria:
1. Describe the precise nature of iheproposed use and measures proposed to mike the use compatible
with other properties in the vicinity.
The proposed use is an expansion on an existing Tyrolean unit (Unit 7) of 250 square feet
by enclosing existing decks. Other properties in the vicinity have completed similar
expansions (see "Background" above).
2. The relationship and impact of the use on development objectives of the Town.
The requested variance for Unit 7 is similar to variances granted in this area, The
proposed variances will allow these units to be treated similarly to other units in this
property as well as other properties in the vicinity.
The proposed variance is not a grant of special privilege given the existing non-
conformance of the site and the hardship it causes through no fault of the applicant(s).
3. The effect of the use on light and air, distribution ofpopulation, tronsporration facilities, utilities,
schools, parks and recreationfacilides, and other public,facilities and public facilities needs.
The proposed variance will have no negative impacts to these issues.
$. The iffe i upon traffic, with particular reference to congestion, automotive and pedestrian .safety
and convenience, trq* flow and control, access, maneuverability, and removal of snow from the
streets and parking area.
The proposed variance will have no negative impacts to these issues.
5. The c ,Teci upon the character of the area in which the proposed use is to be located, including the
scale and bulk of the proposed use in relation to surrounding uses.
The additions will be in direct relation and accordance with the overall design of the
existing Tyrolean building. The scale of the additions is in accordance and harmony with
the overall building as well as other additions to the property. The proposed design
conforms to the overall design as well as brings architectural enhancements to the
building while retaining the existing charm. All materials and forms fit with the current
architecture represented on the site. The proposed use is in accordance with the
underlying zone district — High Density Multiple Family as well as the surrounding
buildings.
17
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AMENDED CONDOMINIUM MAP
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UNITS 3, 59 69 79 AND 8
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wTN a' VAIL VILLAGE FIFTH FILING
'.1 r UNDERGROUND
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TRACT A
VAIL VILLAGE FIFTH FILING
Archibeque Land Consulting, Ltd
Professional Land Surveying & Mapping
105 Capitol Stree4 Suite 5 - P.O. Box 3893
Eagle, Colorado 81631
970.328.6020 ORice 970.328.6021 Fax
GRAPHIC SCAL
*1�
Revised: MSS - Oct. 1, 2009 Drajti
Revised: TIA - July 2009, Re- Monument
AMENDED CONOOMINIUI
TYROLEAN CONDO
I
UNITS 3, s, 6, 1,.-
TRACT B VAIL VILLAGE FIRST FILIN
PLANNING CHECK SHEET
Property Information
Property Address
400 East Meadow Drive, Unit 7
Parcel #
210108252026
Legal Description
Part of Tract B, Block 5, Vail Villa e Filing
Development Site Area
Ac
0.368
1 Sq Ft
16,039 Buildable
n/a
Zoning / SDD #
High Density Multiple-Family District
Land Use Designation
Village Master Plan
Known Non - Conformities
The Tyrolean Condominiums are legally non - conforming in site coverage
and setbacks. Variances for setbacks, site coverage, and GRFA have been
granted to various units. This proposal is associated with setback variance
request PEC 110011
Previous Approvals
n/a
Hazard Zones
Sections 12 -12, 12 -21, 14 -6 & 14 -7
Snow Avalanche
n/a
Debris Flow
n/a
Rockfall
n/a
Excessive Slopes
(Site Disturbance 12- 21 -14)
n/a
Flood lain
n/a
Wetlands Y/N
n/a
Creeks, Streams
Section 12 -14 -17
Setback
n/a
Proposed
n/a
Sidewalks/ Trails
n/a
Contact Information
Planner/ Date
BG 2/18/11
Owner Contact Info
(Black Stallion Holdings) Tyrolean, Unit 7
Primary Contact/ Owner
Representative Info
Pierce Architects, 476 -6342
Project Information
Project Description
250 Addition (deck infills)
Interior Conversion (new dormer)
Land Use Application(s) #
DRB 110025
Proposed Uses
(As defined by Zoning)
Multiple- Family
Dwelling Unit
Permitted, Conditional,
Prohibited?
Permitted
Date Routed/ DRT Meeting
Commercial Floor Area
Existing
n/a JProposed
n/a
Gross Residential Floor Area (Ch a ter 15)
Total
Allowed
250
-Existing
n/a
-Proposed
250
+Credits
n/a
Prima
n/a
-Existing
n/a
-Proposed
n/a
+Credits
n/a
Secondary
n/a
-Existing
n/a
-Proposed
n/a
+Credits
n/a
Total
Remaining
0
Primary Total
RemainingRemainin
n/a
Secondary Total
n/a
250 or Interior Conversion?
Yes
Zonin District Standards
Setbacks (perimeter)
Projections 14 -10 -4
Front
20
Proposed or Y/N
28
Side
20 & 20
Proposed or Y/N
63/52
Rear
20
Proposed or Y/N
13
Minimum Lot Area/ Width
Required
10,000
Proposed or Y/N
n/a
Site Coverage
55% Allowed
57% existing
Proposed
n/a
Building Height
Allowed
45/48
Proposed
44
Landscaping
Sections 14 -10 -8 & 14 -10 -9
30% Required
43% existing
Proposed
n/a
Plant size
6', 2 ", 5 gal.
Proposed
n/a
Fences
n/a
Proposed
n/a
Retaining Walls
Sec. 14 -6 -7
Height Allowed
6
Proposed
n/a
Setback
2
Proposed
n/a
Driveway
Sections 14 -3 -1 & 14 -3 -2
Max Curb -cuts
24'/48'
Proposed
n/a
Max Sloe
10 %/12%
Proposed
n/a
Min Width
12' min
Proposed
n/a
Heated Y/N
n/a
Drive Material
n/a
Snow Storage %
n/a
Proposed
n/a
Parking
Sections 12 -10 & 14 -5
Spaces Required
19
Proposed
n/a
Loading
n/a
Proposed
n/a
Lighting
Section 14 -10 -7
Allowed
n/a
Proposed
n/a
Waste Management
Section 5 -9
Wildlife Proof /
Resistant
n/a
Screened
n/a
Screening
Sections 14 -10 -9 & 14 -10 -10
Required
n/a
Proposed
n/a
Roof Material
Sections 12 -11 -3C & 14 -10 -5
Complies Y/N
Y
Building Separation
Section 14 -10 -6
Complies Y/N
n/a
Adopted View Corridors
Complies Y/N
n/a
Utilities
(Location, easements)
Section 14 -10 -10
n/a
Grading (Less than 2:1)
Section 14 -6
n/a
Development Impact Fees /
Mitigation
Employee Housing
Per 12 -24, Inclusionary Zoning
Traffic Impact
n/a
Art In Public Places
n/a
Notes
VI.
��� oSbo2�j
S�S�os
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified regulation vtould
result in practical difficulty or unnecessary physical hardship inconsistent vvth the
objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions applicable to the
site of the variance that do not apply generally to other properties in the sane zone.
c. The strict or literal interpretation and enforcerent of the specified regulation v►ould
deprive the applicant of privileges enjoyed by the ov►ners of other properties in the same
district.
SITE ANALYSIS
Lot Size: 16,039 square feet /.368 acres
Hazards: None
Standard
Allowed /Required
Existin
Proposed
Setbacks:
Front:
20 ft.
16'
no change
Sides:
20 ft.
1'North /7'South
no change*
Rear:
20 ft.
2'
no change*
*(The requested setback variances are well within the area of existing encroachments)
Height: 48' 48' no change
GRFA: 12,190 sq. ft. *17,001 sq. ft. 17,251 sq. ft.
*(Units 1 -5, 8 and 9 were calculated without counting exterior wall thicknesses.)
Site Coverage: 55% (8,821sq. ft.) 56% (9,058 sq. ft.) 56.6% (9078.8 sq. ft.)
Density: 9 DUs
9 DUs
no change
Landscape Area: 30% (4,812 sq. ft.) 43% (6,981sq. ft.) no change
Parking: 19 spaces 23 spaces no change
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: CDOT ROW Not Applicable
South: Open Space Natural Area Preservation (NAP)
East: Residential High Density Multiple Family (HDMF)
West: Transportation Center General Use (GU)
5
VI. SITE ANALYSIS
Lot Size: 16,03'
{ Hazards: None
Standard
Setbacks:
Front:
Sides:
Rear:
5 �9�oS
D square feet / .368 acres
Allowed /Required Existing Proposed
20 ft. 16' no change
20 ft. 1'North /7'South no change*
20 ft. 2' no change*
*(The requested setback variances are well within the area of existing encroachments)
Height: 48' 48' no change
GRFA: 12,190 sq. ft. *17,001 sq. ft. 17,251 sq. ft.
*(Units 1 -5, 8 and 9 were calculated without counting exterior wall thicknesses.)
Site Coverage: 55% (8,821 sq. ft.) 56% (9,058 sq. ft.) no change
Density:
9 DUs
9 DUs
no change
Landscape Area:
30% (4,812 sq. ft.)
43% (6,981 sq. ft.)
no change
Parking:
19 spaces
23 spaces
no change
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: CDOT ROW Not Applicable
South: Open Space Natural Area Preservation (NAP)
East: Residential High Density Multiple Family (HDMF)
West: Transportation Center General Use (GU)
Vlll. CRITERIA AND FINDINGS
A. 1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Staff has determined the requested variance will result in a harmonious
relationship between the Tyrolean structure and its one neighboring building
as the bulk and mass of the Tyrolean will remain virtually the same. The
existent screen or mask walls, as depicted on the existing elevations
(Attachment B), create the appearance of bulk, mass and GRFA in the
setbacks today, despite the fact those are actually decks. Because the
aesthetic value and inherent character of the Tyrolean building do not
change with this proposal, nor do any further projections from the exterior
occur, this criterion has been deemed to be met.
5
b. There are exceptional or extraordinary cI'rcum
site of the variance that do not apply generally to
c. The strict or literal interpretation and enforcement of the specified regulation wq4
deprive the applicant of privileges enjoyed by the owners of other properties in the
district.
VI. SITE ANALYSIS
Lot Size: 16,039 square feet /.368 acres
Hazards: None
Standard
Allowed /Required
Existing
Proposed
Setbacks:
Open Space
East:
Residential
Front:
20 ft.
54'
no change
Sides:
20 ft.
1 -2'
no change
Rear:
20 ft.
4'
no change
(setbacks not changing as encroachment already exists to same extent)
Height:
48'
48'
no change
GRFA:
5,597 sq. ft.
5,597 sq. ft
5,464 sq. ft.
Site Coverage:
55% (8,821sq. ft.)
56% (9,058 sq. ft.)
no change
Density:
9 DUs
9 DUs
no change
Landscape Area:
30% (4,812 sq. ft.)
43% (6,981 sq. ft.)
no change
Parking:
19 spaces
23 spaces
no change
Surroundinq land uses and Zonin
VII. CRITERIA AND FINDINGS
Zoning
Not Applicable
Natural Area Preservation (NAP)
High Density Multiple Family (HDMF)
General Use (GU)
A. Consideration of Factors Regarding the Variances:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Staff has determined that the requested variance may not result in a
harmonious relationship between the modified new residential dwelling unit
and the eight other residential condominium units already existent within the
structure (Attachment B). While the minor exterior alteration that will be
5
Land Use
North:
CDOT ROW
South:
Open Space
East:
Residential
West:
Transportation Center
VII. CRITERIA AND FINDINGS
Zoning
Not Applicable
Natural Area Preservation (NAP)
High Density Multiple Family (HDMF)
General Use (GU)
A. Consideration of Factors Regarding the Variances:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Staff has determined that the requested variance may not result in a
harmonious relationship between the modified new residential dwelling unit
and the eight other residential condominium units already existent within the
structure (Attachment B). While the minor exterior alteration that will be
5
aD
�J
0. V Q �a °
J '
SITE ANALYSIS
(requested deviations have been notated with bold font)
Address:
400 East Meadow Drive, Unit #3
Legal Description: Block 5, Vail Village Filing 1
Zoning: High Density Multiple Family
Land Use Plan Designation: High Density Residential 4
Current Land Use. High Density Residential
Development Site Size: 16,039 sq.ft. (0.368 acres)
Hazards: None
Development Standard
Allowed /Required
Existin
Proposed
Setbacks:
Front:
20 ft.
16,
no change
Sides:
20 ft.
20' (North)
15' (North)
Rear:
20 ft.
18.5' (East)
14' (East)
Height:
48'
48'
no change
GRFA:
12,190 sq. ft.
15,725 sq. ft.
15,955 sq. ft.
Site Coverage:
55% (max.)
56.6% (9,078 sq. ft.)
no change
(8,821 sq. ft.)
Density:,
(max.) max.
9 )
9 DUs
no change
Landscape Area:
30% (min.)
43% (6,981 sq. ft.)
no change
(4,812 sq. ft.)
Parking:
19 spaces (min.)
23 spaces
no change
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: CDOT ROW Not Applicable
South: Open Space Natural Area Preservation (NAP)
East: Residential High Density Multiple Family (HDMF)
West: Transportation Center General Use (GU)
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by Chapter 12 -16, Vail Town
Code.
A. Consideration of Factors Regarding Variances:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
5
� w L
Address: 400 East Meadow Drive, Unit #8
Legal Description: Block 5, Vail Village Filing 1
Zoning: High Density Multiple Family
Land Use Plan Designation: High Density Residential
Current Land Use: High Density Residential
Development Site Size: 16,039 sq.ft. (0.368 acres)
Hazards: None
Development Standard Allowed /Required Existin
Setbacks:
Front: 20 ft. 16'
Sides: 20 ft. 20' (North)
Rear: 20 ft. 18.5' (East)
Height: 48' 48'
GRFA: 12,190 sq. ft. 16,169 sq. ft.
Site Coverage:
Density:
Landscape Area:
Parking:
55% (max.)
(8,821sq. ft.)
9 DUs (max.)
30% (min.)
(4,812 sq. ft.)
19 spaces (min.)
VII. SURROUNDING LAND USES AND ZONING
Proposed
no change
15' (North)
14' (East)
no change
16,350 sq. ft.
56.7% (9,094 sq. ft.) no change
9 DUs
no change
43.4% (6,964.5 sq. ft.) no change
23 spaces no change
Land Use Zoning
North: CDOT ROW Not Applicable
South: Open Space Natural Area Preservation (NAP)
East: Residential High Density Multiple Family (HDMF)
West: Transportation Center General Use (GU)
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by Chapter 12 -16, Vail Town
Code.
A. Consideration of Factors Re iarding Variances:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
19
4
t
Variance Request
Application for Review by the
Planning and Environmental Commission
General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and un-
necessary physical hardships as would result from the strict interpretation and /or enforcement of the zoning regulations
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 -
didons 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: 1'tb LU N� i✓Iri{ I ilf -'� �� '��rt{ _
Physical Address: C. pi-111--if u ?/,Z 5 7— 7
Parcel Number: '2101 • a 2 S Z G?-Cp (Contact Eagle Co. Assessor at 970- 328 -8640 for parcel no.)
Property Owner: a4�. k
Mailing Address: A erZ 6e,- Z�
U./ _
�,l�frfif�G 621 eL sir ; Phone: J.-. i
Owner's Signature: t
Primary Contact / O ner Repres tative.
Mailing Address:
Phone: yam'
E -Mail: � Fax: �/ V ICJ/
For Office Use Only: Cash CC: Visa / MC Last 4 CC # . Auth # Check # _ I (Q 5 (g'3
Fee Paid: `J0�. on
Meeting Date.
Planner:
Zoning:
Location of the Proposal: Lot: Block:
Received From: FR%TtLe-r, iA iTFC-r5
PEC No.:F
Project No:
Land Use:
Subdivision: VgiL,Vi Li a iT FjLuic%
01-Jan-10
12/25/2010 14:33 9704765603 PTARMIGAN MANAGEMENT PAGE 02
0
Tim ITye
JOINT PROPERTY OWNER
WRITTEN APPROVAL LETTER
This form is applicable to all Planning and Environmental Commisslon applicants that share ownership of the sub-
ject property. For example, the subject property where construction Is occurring Is a duplex, condominium or
multi- tenant building. This form shall be completed by the applicant's neighbor/ joint property owner. In the
case of a multiple - family dwelling or multi- tenant building, the authority of the association shall complete this
form and mall to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to
970.479.2452,
1, (print name).`,�D�ti ��A a joint owner, or authority of the association, of property
located at qL%:) provide this letter as
written approval of the plans dated LZI'1 I to which have been submitted to the
Town of Vail Community Development Department for the proposed improvements to be completed at the ad-
dress noted above. I understand that the proposed improvements Include:
OQ XCLAA- J-11Pt,L
i
Additionally, please chock the statement below which is most applicable to you:
xunderstand that m /nor mod /ticadons maybe made to the plans over the course of the re✓lew process to en-
sure compliance with the Town's applicable codes and regulations
(Initial here)
o I request that all modl lcadons, minor or otherwise, which are made m the plans over the course of the re-
view process, be brought to my attenbron by the applicant for addidonal approval before undergoing further re-
view by the Town.
(Initial hefe)
F \cdeAForms lPermils\Planning\PEC1PE VeAsnoe_010110
William F. Pierce, Architect
Tyson Deardufl, Director of Architecture
Kathy Heslinga, Office Manager
January 24, 2011
To: Planning and Environmental Commission
Tyrolean Condominiums Unit 7
Tyrolean Condominiums, Lot 5D
Vail Village 1St Filling
Request for Setback Variance
PIERCE ARCHITECTS
VAIL, COLORADO
Purpose:
Pierce Architects on behalf of the owner is requesting a variance from the required
setback standard in the High Density Multiple Family (HDMF) zoning district from 20'
(side setback minimum) to 15' -5" to utilize the 250 square foot addition permitted for
dwelling units in HDMF zone district.
Details of Proposal:
There are two additions being proposed, one to the south that has no impact on setback
and one to the east that encroaches into the 20' side setback.
Background.
- In 1968, the Blue Cow Restaurant was constructed on the southern portion of the
subject property.
- In 1969, the property was zoned High Density Multiple Family (HDMF) which
allowed restaurants as an accessory use with in a multiple - family building.
- In 1973, the Town of Vail re- adopted the zoning regulations (Ordinance No. 8,
1973) and removed restaurants as an accessory use in the HDMF zone district,
thereby making the Tyrolean Restaurant (the Blue Cow Restaurant) a
nonconforming use.
- In 1980, the Tyrolean Condominiums were constructed and attached to the existing
"Blue Cow" restaurant structure. The subject property currently contains 8
individual dwelling units, the Tyrolean Restaurant, which includes two additional
dwelling units, 20 enclosed parking spaces and three surface parking spaces.
- On May 10, 2004, a variance was approved, with one condition, to allow the floor
area that was once the Tyrolean Restaurant to be converted into gross residential
floor area (GRFA).
- On July 26, 2004, a setback variance was granted for Unit 9 to allow for
construction of a minor exterior alteration.
1650 Fallridge Road, Suite C -1
Vail, Colorado 81657
P: 970.476.6342
F: 970.476.4901
www. vailarchitects.com
FRITZLEN PIERCE ARCHITECTS
VAIL, COLORADO
- On May 9, 2005, a setback variance and site coverage variance was granted for Unit
6 to allow for the construction of a residential addition within the side setback.
- On May 9, 2005, a setback variance was granted for Unit 7 to allow for the
construction of a residential addition within the side setback.
Upon completion, the building was non - conforming with respect to site coverage,
setbacks and exterior lighting. This pre- existing nonconforming condition through no
fault of the applicant(s) is a hardship based on the strict interpretation of the code.
Approval Criteria:
1. Describe the precise nature of the proposed use and measures proposed to make the use compatible
with other properties in the vicinity.
The proposed use is an expansion on an existing Tyrolean unit (Unit 7) of 250 square feet
by enclosing existing decks. Other properties in the vicinity have completed similar
expansions (see "Background" above).
2. The relationship and impact of the use on development objectives of the Town.
The requested variance for Unit 7 is similar to variances granted in this area. The
proposed variances will allow these units to be treated similarly to other units in this
property as well as other properties in the vicinity.
The proposed variance is not a grant of special privilege given the existing non-
conformance of the site and the hardship it causes through no fault of the applicant(s).
3. The effect of the use on light and air, distribution ofpopulation, transportation facilities, utilities,
schools, parks and recreation facilities, and other public facilities and public facilities needs.
The proposed variance will have no negative impacts to these issues.
4. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety
and convenience, traffic flow and control, access, maneuverability, and removal of snow from the
streets and parking area.
The proposed variance will have no negative impacts to these issues.
5. The effect upon the character of the area in which the proposed use is to be located, including the
scale and bulk of the proposed use in relation to surrounding uses.
The additions will be in direct relation and accordance with the overall design of the
existing Tyrolean building. The scale of the additions is in accordance and harmony with
the overall building as well as other additions to the property. The proposed design
conforms to the overall design as well as brings architectural enhancements to the
building while retaining the existing charm. All materials and forms fit with the current
architecture represented on the site. The proposed use is in accordance with the
underlying zone district — High Density Multiple Family as well as the surrounding
buildings.
1650 Fallridge Road, Suite C -1
Vail, Colorado 81657
P: 970.476.6342
F: 970.476.4901
www.vailarchitects.com
Land Title Guarantee Company
Date: January 24, 2011
BLACK STALLION HOLDINGS, INC., A COMPANY INCORPORATED IN THE BRITISH VIRGIN
791 CRANDON BLVD, APT 807
KEY BISCAYNE, FL 33149
Enclosed please find the title insurance policy for your property
located at 400 MEADOW DRIVE #7 AKA UNIT 7 TYROLEAN CONDOS VAIL CO 81657
The following endorsements are included in this policy:
Deletion of Exceptions 1 -3
Deletion of General Exception 4
Endorsement 130.3
Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions
regarding your final title policy, you may contact Title Department
Phone: 970-476-2251 Fax:970- 476 -4732
Please refer to our Order No. V50027940
Should you decide to sell the property described in this policy, or if you are required to purchase a new title
commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.
Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products
and services to you quickly and efficiently.
Thank you for giving us the opportunity to serve you.
Sincerely,
Land Title Guarantee Company
Owner's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY
AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE
COMPANY, a California corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss of damage,
not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Tide being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Tide caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(m) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the
Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or
enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the
Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
B. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in
the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Tide as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or
similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the
Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the
Conditions.
Issued through the Office of:
Land Tide Guarantee Company
610 WEST LIONSHEAD CIRCLE #200
VAIL, CO 81657
970 - 476-2251
A zed Sign Lure
AO.FA.06 (ALTA 06- 17 -06) Cover Page 1 of 5
FIRST AMERICAN TITLE INSURANCE COMPANY
AMERICAN
LAND TITLE
ASSOCIATION
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 that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to
() the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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 created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of
the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance ": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or
decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A.
(c) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured ": The Insured named in Schedule A.
() The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured.
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are
both wholly -owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A
for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any
predecessorinsured.
(e) "Insured Claimant ": An Insured claiming loss or damage.
(f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any
other records that impart contructive notice of matters affecting the Title.
(g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond
the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or
waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.
(i) "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 Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
(j) "Tide ": The estate or interest described in Schedule A.
"Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be
released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or
holds an obligation 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
warranties in any transfer or conveyance of the Title. 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 obligation secured by a purchase money Mortgage given to the Insured.
AO.FA.06.2 Cover Page 2 of 5
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing () in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to
an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable
by virtue of this policy, or (ii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured
Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that consitutes the
basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, 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 covered by this policy adverse to the
Insured. This obligation is limited to only those stated causes of action alleging matters 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.
It 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 that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desireable to establish the Title, 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 to the Insured. The
exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,
it must to so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured
shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right 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 () in
securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligation 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.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to
produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company,
all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that 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 of
these records in the custody or control of a third party that reasonably pertain to the loss or damage. All 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 any reasonably requested information, or grant
permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as to that claim.
7. 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
that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment
required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(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. In addition, the
Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
payment and that the Company is obligated to pay; or
(n) 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
expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)() or (), 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.
8. DETERMINATION AND EXTENT OF LIABILITY
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.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
@ the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
AO.FA.06.3 Cover Page 3 of 5
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
() the Amount of Insurance shall be increased by 10 %, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant
or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections
5 and 7 of these Conditions.
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 Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall
have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
@) 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, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the 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 Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays 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 executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title
and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any
loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the
Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after
the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policys of insurance, or bonds, notwithstanding
any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons,
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any
service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company of the Insured. All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this
policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement
expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (ii) extend the Date of Policy,
of (v) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this poicy, in whole or in part, is held invalid or unenforceabe under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full force and effect.
AO.FA.06.4 Cover Page 4 of 5
17. CHOICE OF LAW; FORUM
(a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in
reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the
jurisdicton where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are
adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the
United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at:
1 First American Way, Santa Ana, CA 92707, Attn: Claims Department
AO1A.06.5 Cover Page 5 of 5
EXHIBIT "A" LEGAL DESCRIPTION
PARCEL 1:
LTG Policy No. TAAJ50027940
Our Order No. V50027940
CONDOMINIUM UNIT NO. 7, TYROLEAN CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP
THEREOF RECORDED FEBRUARY 27, 1981 IN BOOK 319 AT PAGE 138 AND AMENDED
CONDOMINIUM MAP RECORDED JUNE 19, 2006 AT RECEPTION NO. 200616161, AND AMENDED
CONDOMINIUM MAP RECORDED DECEMBER 31, 2009 UNDER RECEPTION NO. 200928002, AND
AS DEFINED IN THE CONDOMINIUM DECLARATION THEREFORE RECORDED FEBRUARY 27, 1981
IN BOOK 319 AT PAGE 139, FIRST AMENDMENT THERETO RECORDED MAY 23, 2005 UNDER
RECEPTION NO. 916607 AND SECOND AMENDMENT THERETO RECORDED DECEMBER 31, 2009
UNDER RECEPTION NO. 200927947, COUNTY OF EAGLE, STATE OF COLORADO.
PARCEL 2:
CONDOMINIUM UNIT PSU 2 AND 3„ TYROLEAN CONDOMINIUMS, A RESUBDIVISION OF UNIT
9, ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 31, 2009 AT RECEPTION NO.
200928002, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED
FEBRUARY 27, 1981, 215509 AND FIRST AMENDMENT RECORDED MAY 23, 2005 RECEPTION
NO. 916607, AND SECOND AMENDMENT THERETO RECORDED DECEMBER 31, 2009 UNDER
RECEPTION NO. 200927947, COUNTY OF EAGLE, STATE OF COLORADO.
Form AO /FA
Our Order No. V50027940
Schedule B
LTG Policy No. TAAH50027940
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
General Exceptions:
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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. 2010 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
6. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT
PAGE 475 AND RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE 98.
7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899,
IN BOOK 48 AT PAGE 475 AND RECORDED SEPTEMBER 4, 1923 IN BOOK 93 AT PAGE
98.
8. EASEMENT AND RIGHT -OF -WAY FOR ELECTRICAL TRANSMISSION OR DISTRIBUTION LINE
PURPOSES AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN
INSTRUMENT RECORDED SEPTEMBER 19, 1980 IN BOOK 309 AT PAGE 652.
9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED OCTOBER 25, 1963, IN BOOK 174 AT PAGE 179 AND AS
AMENDED IN INSTRUMENT RECORDED AUGUST 30, 1971, IN BOOK 221 AT PAGE 497.
10. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
Form AO /FA
Our Order No. V50027940
Schedule B
LTG Policy No. TAAH50027940
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED
IN INSTRUMENT RECORDED SEPTEMBER 04, 1975, IN BOOK 241 AT PAGE 629 AND AS
AMENDED IN INSTRUMENT RECORDED DECEMBER 28, 1979, IN BOOK 296 AT PAGE 518.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE RECORDED CONDOMINIUM MAP OF TYROLEAN CONDOMINIUMS RECORDED FEBRUARY
27, 1981 IN BOOK 319 AT PAGE 138 AND AMENDED CONDOMINIUM MAP RECORDED
JUNE 19, 2006 AT RECEPTION NO. 200616161 AND AS AMENDED IN INSTRUMENT
RECORDED DECEMBER 31, 2009 UNDER RECEPTION NO. 200928002.
12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS,
WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED FEBRUARY 27, 1981, IN BOOK 319 AT PAGE 139 AND
AMENDMENT RECORDED MAY 23, 2005 AT RECEPTION NO. 916607, SECOND AMENDMENT
RECORDED DECEMBER 31, 2009 RECEPTION NO. 200927947.
(ITEMS ABOVE AFFECT PARCEL 1 AND PARCEL 2)
13. DEED OF TRUST DATED APRIL 23, 2010 (EFFECTIVE MAY 6, 2010), FROM BLACK
STALLION HOLDINGS, INC., A COMPANY INCORPORATED IN THE BRITISH VIRGIN
ISLANDS TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF JPMORGAN
CHASE BANK, N.A. TO SECURE THE SUM OF $2,310,000.00 RECORDED MAY 13, 2010,
UNDER RECEPTION NO. 201009134.
ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS
RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST
OF BLACK STALLION HOLDINGS, INC., A COMPANY INCORPORATED IN THE BRITISH
VIRGIN ISLANDS.
Land Title Guarantee Company
ENDORSEMENT 130.3
Case V50027940
Policy TAAH50027940
Loan # 1088050877
The above referenced policy is hereby amended by adding the following to Schedule
A following the policy amount.
The policy amount will automatically increase by 10% of the amount shown above
on each of the first five anniversaries of the policy date.
This endorsement is effective only when attached to an ALTA Plain Language Policy
insuring a 1 -to -4 family residence.
This endorsement is issued as part of the policy. Except as it expressly states,
it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount
of Insurance. To the extent a provision of the policy or a previous endorsement is
inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Representing First American Title Insurance Company
Land Title Guarantee Company
ENDORSEMENT 130.3
Case V50027940
Policy TAAH50027940
Loan # 1088050877
The above referenced policy is hereby amended by adding the following to Schedule
A following the policy amount.
The policy amount will automatically increase by 10% of the amount shown above
on each of the first five anniversaries of the policy date.
This endorsement is effective only when attached to an ALTA Plain Language Policy
insuring a 1 -to -4 family residence.
This endorsement is issued as part of the policy. Except as it expressly states,
it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount
of Insurance. To the extent a provision of the policy or a previous endorsement is
inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Countersigned:
Authorized Officer or Agent
Representing First American Title Insurance Company
1
TOWN OF YAlI'
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 February
28, 2011, at 1:00 pm in the Town of Vail Municipal Building, in consideration of:
�A request for the review of a variance from Section 12 -6H -6, Setbacks, Vail Town Code,
a\\ pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the
setback, located at 400 East Meadow Drive, Unit 7 (Tyrolean Inn) /Part of Tract B, Block 5, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC110011)
Applicant: Black Stallion Holdings, represented by Pierce Architects
Planner Bill Gibson
A request for the review of a exterior alteration, pursuant to Section 12 -76 -7, Exterior Alterations
or Modifications, Vail Town Code, to allow for the addition of enclosed floor area, located at 302
Hanson Ranch Road, Unit 301 (Mill Creek Court Building)/ Lot I, Block 5A, Vail Village Filing 5,
and setting details in regards thereto. (PEC110012)
Applicant: Gail Ellis, represented by Craig Snowdon
Planner: Rachel Dimond
A request for a recommendation to the Vail Town Council on a proposed major amendment to
Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special
Development District, Vail Town Code, to allow for an increase in gross residential floor area
and site coverage, and a reduction of the side setback, located at 1476 Westhaven Drive /Lot
53, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC110014)
Applicant: Coldstream Homeowners Condominiums, represented by Tom Braun
Planner: Warren Campbell
A report to the Planning and Environmental Commission on the administrator's approval of an
amendment to an existing conditional use permit, pursuant to Section 12- 16 -10, Amendment
Procedures, Vail Town Code, to allow for an increase in the floor area on the lowest level of the
structure, located at 395 South Frontage Road West (Lionshead Auxiliary Building) /Lot 1, Block
2, Vail Lionshead Filing 1, Lot 3, A Resubdivision of Lot 1, Block 1, Vail Lionshead Filing 2, and
East Lionshead Circle rights -of -way, and setting forth details in regard thereto. (PEC110015)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Warren Campbell
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 February 11, 2011, in the Vail Daily
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