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Home My WebLink AboutPEC110017 �I�r�r�ir�� r�� Er��ir��r�r��r��I ��r�r�i��r� ��TI��I F�F�1�1 � - � � � ��rtrr7�r�t �f ��r�r��r�i�� :��I��r��r�� # �.� �� Fr�r�t�� F�� i I� ��I�r�� 1�.�� I: ��.��.�1�� f��; ��,��.�� 1�1.��1'-'i C�wEL��i_�- �� .��I��f�l Project Name: VARIANCE WITHDRAWN PEC Number: PEC110017 Project Description: VARIANCE REQUEST TO CONSTRUCT A TWO-CAR DETACHED GARAGE SITUATED ON THE CURRENT PARKING SURFACE AT GRADE/ELEVATION HIGHER THAN ELEVATION OF THE HOUSE. Participants: OWNER PERKINS, LYNN S. - RIDER, MA 02/28/2011 2568 AROSA DR 8 VAI L CO 81657 APPLICANT PERKINS, LYNN S. - RIDER, MA 02/28/2011 2568 AROSA DR 8 VAI L CO 81657 Project Address: 2568 AROSA DR VAIL Location: Legal Description: Lot: 4 Block: C Subdivision: VAIL DAS SCHONE FIL 1 Pa rcel N u m ber: 2103-142-0500-7 Comments: BOARD/STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: 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 a p p rova I. Planner: PEC Fee Paid: $500.00 . f Tn�NNQFYAi�� . 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 March 28, 2011, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a , garage in the front and side setback, located at 2568 Arosa Drive/ Lot 4, Block C, Vail �, � as Schone Filing 1, and setting forth details in regard thereto. (PEC110017). ' �\�p�� Applicant: Sterling Resources TT, LLC I Planner: Rachel Dimond A request for a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Chapter 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code, to establish additional exchange methods within the Employee Housing Unit Exchange Program, and setting forth details in regard thereto. (PEC110018) Applicant: Town of Vail, represented by the Vail Local Housing Authority Planner: Nina Timm/Rachel Dimond 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 March 11, 2011, in the Vail Daily. .�K � �"n -� '. LIST OF PROPERTY OWNERS Across the Street: Northwest: Townhouse: 'i Unit# L• � �� Owner: W. PAUL SMOYER 2547 AROSA DR# 1 VAIL, CO 81657 Property Address: 2547 Arosa Dr# 1 Legal Description: Lot l, Heinis Townhouses, County of Eagle, State of Colorado Unit#2: Owner: JESSE C. POMER.ANTZ REBECCA J. MACLACHLAN 2547 AROSA DR# 2 VAIL, CO 81657- 4207 Property Address: 2547 Arosa Dr# 2 Legal Description: Lot 2, Heinis Townhouses, County of Eagle, State of Colorado West: Owner: MOUNT OF THE HOLY CROSS LUTHERAN CHURCH P. O. BOX 1103 VAIL, CO 81658 Property Address: 2557 Arosa Dr Legal Description: Lot 8, Block E,Vail Das Schone, Filing No. 1, County of Eagle, State of Colorado _ M ♦ y t i� . Property Address: 2489 Chamonix Ln#1 2 Legal Description: Bldg 1, Unit 2, Chamonix Chalets Subdivision, County of Eagle, State of Colorado 2"a Owner: DAVID M. FLOYD P. O. BOX 1957 VAIL, CO 81658 Property Address: 2489 Chamonix Ln#1 1 Legal Description: Bldg 1, Unit 1, Chamonix Chalets Subdivision, County of Eagle, State of Colorado 3rd Owner: JOHN M. & PATRICIA A. STEM 4726 HARWICH BOULDER, CO 80301 Property Address: 2489 Chamonix Ln#1 3 Legal Description: Bldg 1, Unit 3, Chamonix Chalets Subdivision, County of Eagle, State of Colorado 4th Owner: RONALD A. &NICOLETTE O. DAIS 2489 CHAMONIX LN I - 4 VAIL, CO 81657 Property Address: 2489 Chamonix Ln#1 4 Legal Description: Bldg 1, Unit 4, Chamonix Chalets Subdivision, County of Eagle, State of Colorado � � • .♦ � Southwest: Owner: DENNIS W. SCALISE LIVING TRUST DOROTHEA A. SCALISE LIVING TRUST JAMES J. SCALISE, JR LIVING TRUST P. O. BOX 2591 VAIL, CO 81658 Property Address: 2567 Arosa Dr Legal Description: Lot 9, Block E, Vail Das Schone, Filing No. 1, County of Eagle, State of Colorado South: Owner: SARAH F. FLYNN WILLIAM K. REICHERT ANNA LISA ERICKSON 1433 WILSON PL LOUISVILLE, CO 80027 Property Address: 2572 Arosa Dr Legal Description: Lot 3, Block C, Vail Das Schone, Filing No. l, County of Eagle, State of Colorado North: Owner: WILLIAM P. & BARBARA SCHAETZEL 2008 PALMER CT LAWRENCE, KS 66047 Property Address: 2566 Arosa Dr Legal Description: Lot 5, Block C, Vail Das Schone, Filing No. 1, County of Eagle, State of Colorado Benind: West(Down the Mountain)—4 Owners: lst Owner: TRENT W. & JANET C. TALBOT 2489 CHAMONIX LN 1 - 2 VAIL, CO 81657 . LIST OF PROPERTY OWNERS Across the Street: , Northwest: Townhouse: Unit# 1: Owner: W. PAUL SMOYER 2547 AROSA DR# 1 VAIL, CO 81657 Property Address: 2547 Arosa Dr# 1 Legal Description: Lot l, Heinis Townhouses, County of Eagle, State of Colorado Unit#2: Owner: JESSE C. POMERANTZ REBECCA J. MACLACHLAN 2547 AROSA DR#2 VAIL, CO 81657- 4207 Property Address: 2547 Arosa Dr# 2 Legal Description: Lot 2, Heinis Townhouses, County of Eagle, State of Colorado West: Owner: MOLTNT OF THE HOLY CROSS LUTHERAN CHURCH P. O. BOX 1103 VAIL, CO 81658 Property Address: 2557 Arosa Dr Legal Description: Lot 8, Block E, Vail Das Schone, Filing No. 1, County of Eagle, State of Colorado Southwest: Owner: DENNIS W. SCALISE LIVING TRUST � DOROTHEA A. SCALISE LIVING TRUST JAMES J. SCALISE, JR LIVING TRUST P. O. BOX 2591 VAIL, CO 81658 Property Address: 2567 Arosa Dr Legal Description: Lot 9, Block E, Vail Das Schone, Filing No. 1, County of Eagle, State of Colorado South: Owner: SARAH F. FLYNN WILLIAM K. REICHERT ANNA LISA ERICKSON 1433 WILSON PL LOUISVILLE, CO 80027 Property Address: 2572 Arosa Dr Legal Description: Lot 3, Block C, Vail Das Schone, Filing No. 1, County of Eagle, State of Colorado North: Owner: WILLIAM P. & BARBARA SCHAETZEL 2008 PALMER CT LAWRENCE, KS 66047 Property Address: 2566 Arosa Dr Legal Description: Lot 5, Block C, Vail Das Schone, Filing No. 1, County of Eagle, State of Colorado Behind: West(Down the Mountain)—4 Owners: lst Owner: TRENT W. & JANET C. TALBOT 2489 CHAMONIX LN 1 - 2 VAIL, CO 81657 � . A Property Address: 2489 Chamonix Ln#1 2 Legal Description: Bldg 1, Unit 2, Chamonix Chalets Subdivision, County of Eagle, State of Colorado 2"a Owner: DAVID M. FLOYD ' P. O. BOX 1957 VAIL, CO 81658 Property Address: 2489 Chamonix Ln#1 1 Legal Description: Bldg 1, Unit 1, Chamonix Chalets Subdivision, County of Eagle, State of Colorado 3rd Owner: JOHN M. & PATRICIA A. STEM 4726 HARWICH BOULDER, CO 80301 Property Address: 2489 Chamonix Ln#1 3 Legal Description: Bldg 1, Unit 3, Chamonix Chalets Subdivision, County of Eagle, State of Colorado 4t" Owner: RONALD A. &NICOLETTE O. DAIS 2489 CHAMONIX LN I - 4 VAIL, CO 81657 Property Address: 2489 Chamonix Ln#1 4 Legal Description: Bldg 1, Unit 4, Chamonix Chalets Subdivision, County of Eagle, State of Colorado . � �� i ' � TiTLE COM.PANY OF TNE ROCKIFS, INC. � 10 W.Beaver Creek Blvd#221,Box 980 Avon,CO 81620-0980 Phone:(970)949-9497 Fax:(970)949-9486 www.tidecorockies.com COMMITMENT TRANSMITTAL I Commitment Ordered By: Inquiries should be directed to: ' Monica Graves Susan Hass Your Castle Real Estate LLC Title Company of the Rockies,Inc. 9085 E.Mineral Cir.,#360 10 W.Beaver Creek Blvd#221,Box 980 Englewood,CO 80112 Avon,CO 81620-0980 Phone: (303)962-4272 Fax.(303)648-5700 Phone:(970)949-9497 Fax:(970)949-9486 email:mgraves@yourcastle.org email:shass@titlecomckies.com Commitment Number: 0815032-C Reference: Ambruster Buyer's Name(s): Allan Armbruster Seller's Name(s): Mary E.Perkins Property: 2568 Arosa Drive,Vail,CO 81657 Filing 1,Lot 4,Block C,Vail Das Schone,Eagle County,Colorado COPIES�MAILING j.IST Allan Armbruster Mary E.Perkins 2568 Arosa Drive Vail, CO 81657 Monica Graves Elizabeth Leeds Your Castle Real Estate LLC Slifer Smith&Frampton Real Estate 9085 E.Mineral Cir.,#360 531 E.Lionshead Circle,Suite 11 Englewood,CO 80112 Vail,CO 81657 Phone:(303)962-4272 Fax:(303)648-5700 Phone:(970)477-5736 Fax:(866)308-0132 email:mgraves@yourcastle.org email:lleeds@slifer.net Ellyn Courtois Jan Johnson Slifer Smith&Frampton Real Estate Slifer Smith&Frampton Real Estate 230 Bridge Street 30 Benchmark Rd#107 Vail,CO 81657 P.O.Drawer 2820 Phone:(970)477-5735 Faac:(970)476-2658 Avon,CO 81620 email: ecourtois@slifer.net Phone:(970)845-2030 Fax:(970)748-4557 email: jjohnson@slifer.net Drew Ambruster Your Castle Real Estate LLC 9085 E.Minerla Circle,Suite 360 Englewood,CO 80112 Phone:(303)962-4272 Fax:(720)227-0592 email: drew2053@yahoo.com Servrce BeymJEapectation in Colwa/o jnr:Eag/e,Garfielr�Grand,Jac/ra�on,Pitkin and Summit Cointies.(Limited Coverage:Lake,Park ard Roun CowtiesJ Locations In:Avon/Beaver Creek,Basalf,Breckenridge,Dillon,Eagle,R�e,aml Wmter Park(Gasing Servires maila6le in Aspen arrd Glemvood SpringsJ � . , ' TITI_E COMPANY OF TI-IE ROCKIFS, INC. � 10 W.Beaver Creek Blvd#221,Box 980 Avon,CO 81620-0980 Phone:(970)949-9497 Fax:(970)949-9486 www.tidecorockies.com Commitment Ordered By: Inquiries should be directed to: Monica Graves Susan Hass I Your Castle Real Estate LLC Title Company of the Rockies,Inc. 9085 E.Mineral Cir.,#360 10 W.Beaver Creek Blvd#221,Box 980 Englewood,CO 80112 Avon,CO 81620-0980 Phone: (303)962-4272 Fax:(303)648-5700 Phone:(970)949-9497 Fax:(970)949-9486 email:mgraves@yourcastle.org email: shass@titlecorockies.com Commitment Number: 0815032-C Reference: Ambruster Buyer's Name(s): Allan Armbruster Seller's Name(s): Mary E.Perkins Property: 2568 Arosa Drive,Vail,CO 81657 Filing 1,Lot 4,Block C,Vail Das Schone,Eagle County,Colorado TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance,and includes premiums for the proposed coverage amount(s)and endorsement(s)referred to therein,and may also include additional work and/or third party charges related thereto. If applicable,the designation of"Buyer"and"Seller"shown below may be based on traditional settlement practices in Eagle County,Colorado, and/or certain terms of any contract,or other information provided with the Application for Title Insurance. Description Charge Owner's Policy Premium $1,304.00 Tax Certificate(s) $20.00 Total Title Charges $1,324.00 Service Beywed Expeetation in Colorudojor:Eagle,Garfield Grand,Jackson,Pitkin and Summit Cotalies.(LimileJCoverage:Lake,Park ard Routt Cow�(ies) Locotionsln:Avon/Beaver Creek,Basa/t,Breckenridge,Dillon,Eagle,Rifle,and Win�er Park.(C(osing Services available in Aspen mulGlemvo«I Springs) 1 First American Title Insurance Canpany Fortn No.1343(CO-06) ALTA Plain Language Cortmitment 1 100259U0807C0 COMMITMENT FOR TITLE INSURANCE ' ISSUED BY I ) TITLE COMPANY OF THE ROCHIES� INC. � 10 W.Beaver Creek Blvd#221,Box 980 Avon,CO 81620-0980 agent for .< a!nea,� ��,, ` es �"' FIRST AMERICAN TITLE INSURANCE COMPANY ', �,� �f�� AGREEMENT TO ISSUE POLICY I FIRST AMERICAN TITLE INSURANCE COMPANY referred to this Commitment as the Company, through its agent, identified above, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligations under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the reverse side of this page. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. � FirstAmerican T'ide Insurance Companp ,�'""`""``� ��t`i[ irSU`'�� , .... , :p��} By: � t� �� President �-.��o�f��•� r�'�} �- < , � : �. Yn �. >.P(fM9ER?l i e ,t; ', t4$A .'' ,� Attest: � .�✓'� Secretary �"�. ''�••�� '' .�'� �� ``.kr�j r r u R�'�� ``*w..�..�. 1005149 - First American Title Insurance Canpany (Rever�side of Cover) Farm No.1343(CO-O6) ALTA Plain Language Corcmitment 1 100259U0807C0 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B -Section 1 are met.We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B- Section 1 or eliminate with our written consent any Exceptions shown in Schedule B- Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. 6. The policy to be issued contains an arbitration c/ause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the lnsured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at ht�p.//www.alta.or�/. (Rever�side of Cover) COMMITMENT for TITLE IN SURANCE issued by ' T11-LE COb'IPANY OF THE ROCKIES, INC. � ' as agentfor FIRST AMERICAN TITLE INSURANCE COMPANY Reference: Ambruster CommitmentNumber: 0815032-C Commitment Ordered By: Inquiries should be directed to: Monica Graves Susan Hass Your Castle Real Estate LLC Title Company of the Rockies,Inc. 9085 E.Mineral Cir.,#360 10 W.Beaver Creek Blvd#221,Box 980 Englewood,CO 80112 Avon,CO 81620-0980 Phone: (303)962-4272 Fax:(303)648-5700 Phone:(970)949-9497 Fax:(970)949-9486 email:mgraves@yourcastle.org email: shass@titlecorockies.com Reference Property Address: 2568 Arosa Drive,Vail,CO 81657 SCHEDULE A " 1. Effective Date: September 10,2010,7:00 am Issue Date: September 21,2010 2. Policy(or Policies)to be issued: ALTA Owner's Policy(6-17-06) Policy Amount: $690,000.00 Premium: $1,304.00 Proposed Insured: Allan Armbruster 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Mary E.Perkins 4. The Land referred to in this Commitment is located in the County of Eagle,State of Colorado,and is described as follows: Lot 4,Block C,A RESUBDIVISION OF VAIL DAS SCHONE,FILING NO. 1,according to the Plat thereof recorded February 18,1965 at Reception No. 103251,County of Eagle,State of Colorado Alta Commitment-2006 Schedule A I . . Commitrnent No.0815032-C Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B-SECTION I 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. Release by the Public Trustee of Eagle County of the Deed of Trust from Mary Beth Perkins for the use of Mary Katherine Rider,to secure$163,650.00,dated August 3,2004,and recorded September 3,2004 at Receptio n No.889963. 2. Release by the Public Trustee of Eagle County of the Deed of Trust from Mary E.Perkins for the use of Wells Fargo Bank,N.A.,to secure$455,000.00,dated September 1,2006,and recorded September 11,2006 at Reception No.200624659. 3. Release by the Public Trustee of Eagle County of the Deed of Trust from Mary E.Perkins for the use of Bridgelock Capital,to secure$70,000.00,dated July 26,2007,and recorded August 2,2007 at Reception No.200720298. NOTE:Assignment of the above Deed of Trust to Peak Capital Group,LLC,recorded August 29, 2007 at Reception No.200723136. NOTE:The above Deed of Trust secures a revolving line of credit,as such it must be released in its entirety and the account closed. 4. Evidence satisfactory to the Company or its duly authorized agent that the"real estate transfer tax" imposed by Ordinance No.26,Series of 1979,of the Town of Vail,Colorado has been paid,and that the lien imposed by Section 11 thereof has been fully satisfied. 5. Deed from Mary E.Perkins to Allan Armbruster. NOTE: Duly executed real property transfer declaration,executed by either the Grantor or Grantee,to accompany the Deed mentioned above,pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. Alta Commitment-2006 Schedule B-I Reguirements . , Commitment No.0815032-C Schedule B-II Exceptions � COMMITMENT FOR TITLE INSURANCE � SCHEDULE B-SECTION II EXCEP'CIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage,including attorney fees,by reason of the matters shown below: 1. Any facts,rights,interests,or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 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. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown , by the records of such agency or by the Public Records. I � 7. Right of the 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 August 11, 1900 in Book 48 at Page 236. ', 8. Covenants,conditions,restrictions,notes;easements,reservations and rights of ways as shown on the �'i Plat of Vail Das Schone Filing No. 1 filed July 7, 1965 at Reception No. 101700;and A Resubdivision of Vail Das Schone Filing No. 1 filed February 18, 1966 at Reception No. 103251. 9. Covenants,conditions,restrictions and easement provisions contained in the Protective Covenants recorded July 7, 1965,in Book 190 at Page 559 as Reception No. 101701;Amendment to Protective Covenants recorded May 22, 1968 in Book 212 at Page 829 as Reception No. 108225 and re- recorded June 19, 1968 in Book 212 at Page 966 as Reception No. 108367;and Amendment to Protective Covenants recorded February 16, 1970 in Book 217 at Page 78 as Reception No. 112635. Alta Commitment-2006 Schedule B-II Exceptions , . Commitment No.0815032-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Note 5: Pursuant to C.R.S. §10-11-123 Note 10: Pursuant to Regulation 3-5-1 Regulations 3-5-1,Paragraph C of Article VII, Notice is hereby given: Section 9(G)notice is hereby given that requires that (a)If there is recorded evidence that a mineral "Until a title entity receives written "Every Title entity shall be responsible for estate has been severed,leased or otherwise instructions pertaining to the hoiding of all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds,in a form agreeable to the tiUe time of recording whenever the Title entity is a substantial likelihood that a third party entity,it shall comply with the following: conducts the closing and is responsible for holds some or all interest in oil, gas,other 1. The title entity shall deposit funds into an recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account resulting from the transaction which was property,and and hold them in a fiduciary capacity. closed."(Gap Protection) (b)That such mineral estate may include the 2. The tiNe entity shall use any funds right to enter and use the property without designated as "eamest money" for the the surface owner's permission. consummation of the transaction as Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell Section 2 of this Commitment may be deleted Note 6: Effective September 1, 1997,C.R.S. real estate applicable to said transaction, from the Owner's Policy to be issued §30-10-406 requires that all documents except as otherwise provided in this hereunder upon compliance with the received for recording or filing in the clerk section. If the transaction does not close, following conditions: and recorder's office shall contain a top the title entity shall: A.The Land described in Schedule A of this margin of at least one inch and a left, right a. Release the eamest money funds as commitment must be a single-family and bottom margin of at least one-half inch directed by written instructions signed residence, which includes a condominium the clerk and recorder may refuse to record or by both the buyer and seller;or or townhouse unit. file any document that does not conform. b.If acceptable written instructions are not B. No labor or materials may have been received, uncontested funds shall be fumished by mechanics or materialmen for Note7: OurPrivacy Policy: held by the title entiry for 180 days from purpose of construction on the Land We will not reveal nonpublic personal the scheduled date of closing, after described in Schedule A of this customer information to any extemal non- which the title entity shall retum said Commitment within the past 13 months. affiliated organization unless we have been funds to the payor. C.The Company must receive an appropriate authorized by the customer,or are required by 3. In the event of any controversy regarding affidavit indemnifying the Company law. the funds held by the title entity against unfiled mechanic's and (notwithstanding any tertnination of the materialmen'sliens. Note8: Records: contract), the title entity shall not be D.Any deviation from conditions A though C Regulation 3-5-1 Section 7(N)provides that required to take any action unless and until above is subject to such additional each title entity shall maintain adequate such controversy is resolved.At its option requirements or Information as the documentation and records sufficient to show and discretion,the title entity may: Company may deem necessary, or, at its compliance with this regulation and Title 10 a.Await any proceeding;or option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such the exception. of not less than seven (7) years, except as funds into a court of competent E.Payment of the premium for said coverage. othenvise permitted by law. jurisdiction,and recover court costs and reasonable attorney and legal fees;or Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and Note 3:The following disclosures are hereby (F)notice is hereby given that seller that unless the title entity receives made pursuant to§10-I 1-122,C.R.S.: "A title entity shall not earn interest on a copy of a summons and complaint or (i)The subject real property may be located in fiduciary funds unless disclosure is made to claim (between buyer and seller), a special taxing district; all necessary parties to a transaction that containing the case number of the (ii) A certificate of taxes due listing each interest is or has been eamed. Said disclosure lawsuit or lawsuits, within 120 days of taxing jurisdiction shall be obtained from must offer the opportunity to receive payment the tide entity's written notice delivered the County Treasurer or the County of any interest earned on such funds beyond to the parties,title entity shall retum the Treasurer's authorized agent;and any administrative fees as may be on file with funds to the depositing party." (iii) Information regarding special districts the division. Said disclosure must be clear and the boundaries of such districts may be and conspicuous, and may be made at any obtained from the County Commissioners, time up to and including closing." the County Clerk and Recorder, or ihe Be advised that the closing agent will or County Assessor. could charge an Administrative Fee for processing such an additional services request Note 4: If the sales price of the subject and any resulting payee will also be subjected property exceeds$100,000.00,the seller shall to a W-9 or other required tax documentation be required to comply with the disclosure or forsuchpurpose(s). withholding provisions of C.R.S. §39-22- Be further advised that, for many 604.5(Non-resident withholding). transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest eamed. Therefore,you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements . � u�c �,uulV I T r LU TEAK J SIMONTON 201021942 i ,.- , P9g� 1 12:08-32PM REC: $11.00 00�: $ 1 1/0 1 r20 1 0 � WARRANTY DEED � THIS DEED ih ` r � ,made th�s (�day of October,2010,between L Jn�1 /�(rr��" / ALLAN ARMBRUSTER l whose address is 6428 E.Nisbet Rd,Scottsdale,AZ 85254,GRANTOR(S), and STERLING RESOURCES II,LLC, � _.._. _..___ � _ _ a�ororado lirrmited'Iiab�Iiiy`company ownec�by�i�air��i't`�, . ___ __.. _._____._ __ whose address is 6428 E. Nisbet Rd,Scottsdale,AZ 85254, GRANTEE(S): �\ WITNESS, that the Grantor(s), for and in consideration of an interest in Grantee(s) equal to the interest that � Grantor(s) owned in the premises described in this Deed immediately prior to this transfer, and for no other consideration, does hereby grant, bazgain, sell and convey unto Grantee(s) and its successors and assigns,the '�� following described premises located in the County of Eagle and the State of Colorado, described as follows: C` Lot 4, Block C, A RESUBDMSION OF VAIL DAS SCHONE, FILING NO. 1, according to the Plat � thereof recorded February 18,1965 at Reception No.103251,County of Eagle,State of Colorado �� , � also known by street and number as: 2568 Arosa Drive,Vail,CO 81657 � l TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in � anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), � either in law or equity, of, in and to the above bargained premises, with the hereditaments and � appurtenances; � TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the C Grantee (s), its/his/her heirs and assigns forever. Grantor(s), for Grantor(s), Grantor's heirs, and � personal representatives, does covenant,grant,bargain and agree to and with Grantee(s)and its successors and assigns, tnal at rhe time nf ihe ensealing az�d detivery of th.,se present�, G:�n±ar is well seized of the premises � above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bazgain,sell and convey same in the manner and form as � aforesaid, and that the same are free and clear from all former and other grants, bazgains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for the � current and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and � rights of way of record, if any. � The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession OF THE Grantee(s), its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. Singulaz references in this Deed include the plural, plural references the singular, and the use of any gender shall be applicable to all genders or entities or associations. IN WITNESS WHEREOF,Grantor(s)has executed this deed on the date set forth above. t--- Ilan Armbruster STATE OF ARIZONA ) . . _ . ____� _�._.�_. �' )ss: COUNTY OF MARICOPA _ �:_. __�.__ �:- .=...__�,,._:_ _._..._ _ _ . . • e _ _-- „_ __ r . __ V� 'The foregoing instrument was acknowledged, subscribed and sworn to before me this�day of October, 2010,by Allan Armbruster. Wimes my nd and Official Seal My commission expires: _ N LIC ,�.�,�.,,.,.,, NOTARY PUBLIC STATE OF ARIZONA Maricopa County HEt,EN NOVAK My Commission Exp(ras dune 14,2012 �� , Department of Community Developmenf " � v 75 South Frontage Road „ '�' F4 Vail, Colorado 81657 �--��'"�°°� �. �a l�� £� . �x Tel: 970-479-2128 �" � �� w�� . . .� �� ' �° ��, Fax: 970-479-2452 � Web: www.vailgov.com �� Development Reviewr CoQrdinator � .�� {E ��.z� s� :� �e ��.�,_ �� _�-� -��. 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- 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: 1+ �'l� l S �(�a l.tP��'t G � I�AY'1Cv�l '�o C�f?Y1S�f U C�� !'n.. �L�C�- 'Alr �Cy�Gn�CD� w v'0.Q.o S 1 TuLiT � f^�� k-�1 P ` Y1r�r1� ac.r�civin S[ti�rL ` [z.� A�'c�E�t:�GVCTlb�1 �lA�'lC,� �� ?.tL�l<T�C�►� �\ ��e. �rlU .ls�., Physical Address: �S�� r'a5c� 1J�r v��I �.� ��(os� Parcel Number: .Z IU3— I�I Z-C�S— (7U�7 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) PropertyOwner: ST�(Z.1_1P1C'� (ZECC��1fLCQ� TT- LLC Mailing Address: �LI �� N�Sb�t- � Sc,c�}s�:G. /�Z P�S.2S�1- (1 Phone: Cy�O) �1<-1� - q ��-l0 Owner's Signature: �� 0/[ ' �.t Primary Contact/ Owner Representative: Mailing Address: Phone• E-Mail• Fax• For Office Use Only: Cash_ CC: Visa/ MC Last 4 CC # Exp. Date: Auth # Check#� Fee Paid: � ,'�_1DD��D Received From: �Erry �Ylf?LIN� Meeting Date: DRB No.: P""� �1 ` O�� 7 Planner: Project No: i` T I I— �U� `r Zoning: Land Use: Location of the Proposal: Lot:�_Block: � Subdivision: �A�� ,s Scu o�c-. F��i,�r � 01-Jan-11 February 28th, 2011 Planning and Environmental Commission 75 S. Frontage Road Vail, Colorado, 81657 Dear Planning and Environmental Commission: The following narrative highlights the background, purpose, and details of the proposed use: Proposal: The proposed project is a two car detached garage at 2568 Arosa Drive, Vail, CO 81657. The proposal is to build a garage on the site of the current unheated asphalt surface parking. The current surface parking is at an elevation higher than the main floor level with direct access of Arosa Drive (Reference Architectural Sheet A101). We are requesting a variance from section 12-6D-6: SETBACKS, as the proposal will encroach on the 20' front setback and 15' side setback. Currently there are numerous properties in the subdivision that have been granted a like-kind variance to build such garages within the setback. Therefore, this proposal would not be granted special privileges based on the comparable properties/variances. Please see attached supporting information highlighting those comparable properties (Item #1 and Architectural Sheet A104). We also believe hardships to be, but not limited to: change in elevation, maintaining the egress of the main floor master bedroom, maintaining utility locations, maintaining current structures/means of egress, and maintaining the current water shed pattern and landscape. Following are the requested answers to the items noted in the Variance Request Submittal Requirements. Item #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 project is a two car detached garage, situated on the current parking surface, at a grade/elevation higher than the elevation of the house (Reference Architectural Sheets). The detached garage will encroach on the front and side setback. The proposal is consistent with many other properties in the subdivision. Reference the attached sheet A104 and the following for comparable properties with garages that encroach on the setback: Lot 4, Block D, Vail Ridge—2648 Arosa Drive Lot 1, Block D, Vail Ridge—2586 Arosa Drive (2588 Arosa Drive) Lot 9, Block D, Vail Ridge—2627 Arosa Drive � . Lot 16, Block B, Vail Ridge—2699 Davos Trail Lot 17, Block B, Vail Ridge—2695 Davos Trai) Lot 6, Block C, Vail Ridge -2696 Davos Trail Lot 2, Block D, Vail Ridge—2608 Arosa Item#2: The relationship and impact of the use on development objectives of the Town. The proposed project will not impact the development objectives of the town any more than the comparable properties in the same subdivision already have. We have been led to believe, that it is the city's objective to encourage the development of garages and other off-street parking, i.e. a garage that is developed in a manner that is esthetically compatible and architecturally consistent with the dwelling and other properties enhances the character of the neighborhood as a whole. The proposal is providing a location for two cars to be stored in a more attractive structure than the less desirable current condition where they are pa�ked adjacent to the street. Item #3: The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. The impact of this proposal has little affect on Item #3. All lighting is to be under roof eaves or interior to the garage. Reference A101 for (ocations of lighting. Item #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 impact of this proposal has little affect on Item #4. The proposal adequately locates snow storage for removal from the parking area. Reference AS101 for location and size. The addition of a garage on this site will better the current parking situation and provide an esthetically compatible structure that will better the character of the neighborhood. Item #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 ro surrounding uses. The esthetics of the garage are to better the character of the area. The house is a mid- century modern style that will be emulated in the architecture of the garage. The roof line, detail, and material of the house will be applied to the garage. The scale and bulk of the garage will be appropriate and fit in the character of the neighborhood. The garage is a one story two car detached garage that is located, and designed, to not have a negative impact on the current character of the area. Reference all architectural drawings for proposed esthetic, scale, and bulk. Finally, the impact of this proposal will be no greater than any of the other comparable properties already mentioned and highlighted in the drawings.