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Home My WebLink AboutPEC110016 Planning and Environmental Commisson ACTION FORM I ;-1:14 Department of Community Development TOWN OF VAIL i 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 ,iMUlI11-'i CewELOPklENT web: www.vailgov,cof i Project Name: LACHER VARIANCE PEC Number: PEC110016 Project Description: EXPAND UNIT 250 SQ. FT. TO EAST TO WITHIN 7.5 FEET FROM PROPERTY LINE. REF-IBC CHAPTER 7, TABLE 705.8 = 25% ALLOWED OPENING (ZONING CALLS FOR 20' FROM PROPERTY LINE) Participants: OWNER LACHER, JUDITY W. & MICHAEL 02/11/2011 150 W 56TH ST 6503 NEW YORK NY 10019 APPLICANT PIERCE ARCHITECTS 02/11/2011 Phone: 970-476-6342 1650 FALL RIDGE ROAD, SUITE C1 VAIL CO 81657 Project Address: 400 MEADOW DR VAIL Location: TYROLEAN CONDOMINIUMS, UNIT 4 Legal Description: Lot: Tr B Block: 5 Subdivision: Vail Village Filing 1 Parcel Number: 2101-082-5201-3 Comments: SEE CONDITIONS BOARD/STAFF ACTION Motion By: KURZ Action: APPROVED Second By: CARTIN Vote: 5-0-1 (PIERCE RECUSED) Date of Approval: 03/14/2011 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: CON0011800 1. 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. Planner: PEC Fee Paid: $500.00 Department of Community Development 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- 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: IiKCJ Y 4p U4 �2_Q tO W =1A r J 7i:V_Ya -cf71 1 N fit �bl� (f� Gr �� Z 2 b' j2O fVl Ui°(. I ►1 Physical Address: 4 ut2 e7� Y� y1 VV 1 Vv_ YA [ l_ CZ w' Parcel Number: �� b) ` �82� GJ2 '- d� (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: I �/ �yJ b /�/� G�D l�kZ LOV 1 " Mailing Address: !41M AV NVW �UKJ , La�� W�;d< 10022 Phone: E -Mail: I{ I V�� I�i''�ir `�tC(i � �i��( Fax: ; I � � Q �oj For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # Fee Paid: — Received From: !t Meeting Date: PEC No.: Planner: Zoning: Project No: Land Use: Location of the Proposal: Lot /f, � Block: �5 Subdivision: O1- Jan -10 :�� ., .,•,�� 75 South Frontage Road Vail, Colorado 8165 PTel: 970 -479 -212 970- 479 -245 Wdll `' iiww.vailgov.co ,velopment Review Variance Request Application for Review by the Primary Contact/ Owner Representative: 01/26/2011 19:16 9704765803 PTAPMIGAN MANAGEMENT PAGE 01 JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER This form Is applicable to all Planning and Envlronmental Commission applicants that share ownership of the sub- ject property. For example, the sub*ct property where construction Is occurring Is a duplex, condominium or multi - tenant bullding. This form shall be completed by the appllcaWs 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 mail tn: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452. I, (print name _�� a Joint owner, or authority of the association, ation, of prop located at �',• �(,> VA�Lr Cd �Z� ! fi provide this letter as written approval of the plans dated 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: WWI> UA LT "-ter n Th-5 mil 11 ri I r �_2 E fMl OE r�r• Additionally, please check the statement below which Is most applicable to you: a I urkkistand drat minor modllkeUons may be made to die plans over Ole averse of the review process to en- sure crompl/ance with Me Town � appli able codes and regulations. 1. (In/bal hers) o I request drat a// modlIkadons, m /nor or odrerWse, whloh are made to the plans over Me cvurse o/ the re- view process, be brought to my attention by the applicant for add /tlona/ approval be7ore umkGfgoing &tMer re- Idew (Initial hem) F;1W ev% ForrmlPermbW1ennlnp\PEC�PE _Veriance_D1 0110 TOWN O VVAl1 JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER A-R* J,� key F`o rr V C4V 7*- C ( �, This form is applicable to all Planning and Environmental Commission applicants that share ownership of the sub - - /`L - � ject property. For example, the subject property where construction is occurring is a duplex, condominium or ATF� ° ) 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 mail to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452. I, (print name) , a joint owner, or authority of the association, of property located at Ayy VAk tL_ Cy provide this letter as written approval of the plans dated 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: -EX PAdAU) U-� LT 'Z6D or" Mkl� ntE 57 w ITIii , 5 Ef:nl (Signature) (Date) Additionally, please check the statement below which is most applicable to you: L7 I understand that minor modifications may be made to the plans over the course of the review process to en- sure compliance with the Town's applicable codes and regulations. (Initial here) I request that all modifications, minor or otherwise, which are made to the plans over the course of the re- view process, be brought to my attention by the applicant for additional approval before undergoing further re- view by the Town. (Initial here) F: \cdev\ Forms\ Permits\ Planning \PEC \PE_Variance_010110 American Land Title Association Commitment - Modified 3/78 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY LW mania C .ir. 99 President Chairman of the Boa M'• 19o8 '^ ne d : P uchorized Counters igna ure STEWART TITLE OF EAGLE COUNTY, INC. P.O. Box 2000 Vail, Colorado 81658 (970) 949 -1011 Order No. 97013982 SCHEDULE A Order Number: 97013982 1. Effective date: January 02, 1997 at 7:45 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L. T.A. Owner's (Standard) $ 787,500. 00 Proposed Insured: JUDY LACHER (b) A. L. T.A. Loan (Standard) $ 630, 000.00 Proposed Insured: KLEIN MORTGAGE, its successors and /or assigns (c) Leasehold $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: HENRI' E. LENTZ and PATRICIA ANN LENTZ 5. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: 400 EAST MEADOW DRIVE #4 VAIL, CO 61657 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. PREMIUM - -BASIC OWNERS: $1,804.00 MORTGAGE: 100.00 TAX CER T : 10.00 SCHEDULE A Order Number: 97013982 LEGAL DESCRIPTION Condominium Unit No. 4, TYROLEAN CONDOMINIUMS According to the Condominium Map thereof recorded February 27, 1981 in Book 319 at Page 138 as Reception No. 215508 and as defined in the Condominium Declaration recorded February 27, 1981 in Book 319 at Page 139 as Reception No. 215509. COUNTY OF EAGLE STATE OF COLORADO. THIS COMMITMENT WAS PREPARED ON FEBRUARY 12, 1997. FOR QUESTIONS REGARDING THIS COMMITMENT PLEASE CALL CRAIG HAUSCHILDT, THE TITLE OFFICER, AT 9701949 -1011. FOR QUESTIONS REGARDING THE CLOSING, PLEASE CALL KAMMY HOULIHAN, THE ESCROW OFFICER, AT 9701949 -1011. SCHEDULE B Section I Order Number: 97013982 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by The Eagle County Treasurer. 2. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. 3. Execution of Certificate - Entity Transferor /Individual Transferor and its return to the office. 4. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction, is exempt from said tax. 5. Payment of any and all Condominium assessments and expenses as required by the Condominium Declaration of Tyrolean Condominiums and Certificate from Tyrolean Condominium Association verifying that such payment has been received. 6. Deed from HENRY E. LENTZ and PATRICIA ANN LENTZ, vesting fee simple title in JUDY LACHER. NOTE: NOTATION OF THE LEGAL ADDRESS OF THE GRANTEE MUST APPEAR ON THE DEED AS PER 1976 AMENDMENT TO STATUTE ON RECORDING OF DEEDS CRS 38 -35 -109 (2). 7. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: In the event a Power of Attorney is used in connection with this transaction, please note the following requirements: Said Power of Attorney must be dated no more than six months before date of said transaction. Power of Attorney must meet approval of Stewart Title Guaranty Company, and should be presented to Stewart Title Guaranty Company prior to closing by at least one week. SCHEDULE B Section 2 Order Number: 97013982 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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 heretofore or hereafter fiu•nished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, of record, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 10. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded August 10, 1960 in Book 174 at Page 179 as Reception No. 96381. 11. The rights of third parties in and to that part of the subject property shown on the plat of Vail Village, First Filing, as being included in Mill Creek Road. 12. Easements for roads and for the construction,l maintenance and reconstruction of sewerage, water, gas, electric and telephone and transmission facilities as excepted and reserved and as shown on the recorded plat of Vail Village, First Filing. 13. Easements and rights of way as reserved in instrument recorded August 10, 1962 In Book 174 at Page 179 as Reception No. 96381, and Notice recorded April 10, 1981 in Book 321 at Page 423 as Reception No. 217791. 14. Easements, restrictions and rights -of -ways as shown on the Plat recorded in Book 293 at Page 683 as Reception No. 190079. Continued on next page Continuation of Schedule B - Section 2 Order Number: 97013982 15. Easements, restrictions and rights -of -ways as shown on the Condominium Map for Tyrolean Condominiums, recorded in Book 319 at Page 138 as Reception No. 215508. 16. Terms, conditions, -reservations, restrictions and obligations as contained in Protective Covenants, recorded September 4, 1975 in Book 241 at Page 629 as Reception No. 137746, and Amendment to Protective Covenants, recorded December 28, 1979 in Book 296 at Page 518 as Reception 192911. 17. Easement Agreement to Vail Water and Sanitation District, recorded August 15, 1966 in Book 197 at Page 465 as Reception No. 104536. 18. Easement Agreement to Gas Facilities, Inc., recorded November 4, 1966 in Book 200 at Page 405 as Reception No. 104931, recorded March 3, 1969 in Book 214 at Page 729 as Reception No. 110218, recorded March 28, 1969 in Book 214 at Page 904 as Reception No. 110395. 19. Easement Agreement to Western Slope Gas Co., recorded December 10, 1969 in Book 216 at Page 575 as Reception No. 112110. 20. Right of way easement to Holy Cross Electric Association, recorded September 19, 1980 in Book 309 at Page 652 as Reception No. 206032. 21. Terms, conditions, reservations, restrictions and obligations as contained in the Condominium Declaration for Tyrolean Condominiums, recorded February 27, 1981 in Book 319 at Page 139 as Reception No. 215509. 22. Any and all tenancy and leases. 2.5 2.1 1 1 1 1 1 1 r 1 u J i � r v J a ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R110000098 Amount: $500.00 09:44 AM Payment Method: Check Init: SAB Notation: 16569 - FRITZLEN PIERCE ----------------------------------------------------------------------------- Permit No: PEC110016 Type: PEC - Variance Parcel No: 2101 - 082 - 5201 -3 Site Address: 400 MEADOW DR VAIL Location: TYROLEAN CONDOMINIUMS, UNIT 4 Total Fees: $500.00 This Payment: $500.00 Total ALL Pmts: $500.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: ------------------------ �1 _- - ow ---- -------------- 60z)--: