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Home My WebLink AboutPEC140001 Variance RequestGeneral Information: Variances may be granted in order to prevent or to lessen such practical difficulties and unnecessary 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 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. 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 Review Board and/or Town Council. Fee: $500 Description of the Request: _______________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Physical Address: _______________________________________________________________________________ Parcel Number: ________________________________ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: ________________________________________________________________________________ Mailing Address: ________________________________________________________________________________ ________________________________________________ Phone: ________________________________________ Owner’s Signature: ______________________________________________________________________________ Primary Contact/ Owner Representative: ____________________________________________________________ Mailing Address: ________________________________________________________________________________ ________________________________________________ Phone: ________________________________________ E-Mail: __________________________________________ Fax: __________________________________________ Variance Request Application for Review by the Planning and Environmental Commission For Office Use Only: Cash___ CC: Visa / MC Last 4 CC # _________ Exp. Date: ________ Auth # _________ Check # ___________ Fee Paid: __________________________________ Received From: ____________________________________ Meeting Date: ______________________________ PEC No.: _________________________________________ Planner: ___________________________________ Project No: _______________________________________ Zoning: ____________________________________ Land Use: ________________________________________ Location of the Proposal: Lot:________ Block:________ Subdivision:_______________________________________ Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Nov 2013 JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi-tenant buildings. This form, or similar written correspondence, must be completed by the adjoining duplex unit owner or the authorized agent of the home owner’s association in the case of a condominium or multi-tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) , a joint owner, or authority of the association, of property located at , 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 address noted above. I understand that the proposed improvements include: I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town’s applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results in the applicant agreeing to this statement. Signature Date Print Name Steven James Riden A.I.A. Architect P.C. P.O. Box 3238 Vail, CO 81658-3238 970-328-0458 970-389-0150 mobile steveridenarchtect@gmail.com www.Ridenarchitect.com January 13,2014 Planning and Environmental Commission Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Re; 4444 A Streamside Circle, Lot 11A BSB Duplex Subdivision, a re-subdivision of Lot 11, Bighorn 4th Addition A variance request. The owner’s of 444 Streamside Circle are requesting a variance to the 50’ Gore Creek centerline setback to allow construction to add habitable space below the existing built structure. This residence constructed in 1975 was prior to a specific assigned setback, which placed upon the site in 1976(Ord. 19(1976) §17.700). As noted on the plans submitted the setback is actually within the existing habitable space. This creates a non- conforming situation and will require a variance for any improvements (Ord. 29(2005) § 33 Since the recent revision of the GRFA ordinances that allows for improvements below grade, numerous projects of this nature have been approved and completed. This is in step with the development objectives of the Town to allow for property improvements and does not impact any other use nor change the existing use. Without relief from the requirements of this setback this property could not be similarly improved. The result of the setback enacted after the residence was constructed has placed a hardship upon the owners and their ability to improve the property. The proposed remodel is to be constructed without exceeding the Gross Residential Floor Area (GFRA) and will not add to the bunk and mass of the existing structure above grade. Granting the variance does not grant a special privilege, as the impact is not beyond the existing structure above grade and no other addition to the allowable square footages and mass and bulk have been requested. Additionally other variances of this nature have been granted to situations to other properties similar in past circumstances. There is no effect upon the light, air, distribution of population, transportation and traffic facilities nor public facilities or public safety. The owners are requesting relief from the strict requirements of the following portions of the zoning regulations(portions underlined): 12-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this title for the zone district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. (Ord. 29(2005) § 40: Ord. 5(2001) § 5: Ord. 8(1973) § 20.400) 12-18-5: STRUCTURE AND SITE IMPROVEMENT: Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations: A. Lot And Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable to the addition. (Ord. 29(2005) § 40: Ord. 8(1973) § 20.300) 12-14-17: SETBACK FROM WATERCOURSE: Minimum setback from a creek or stream shall be not less than thirty feet (30') from the center of the established creek or stream channel as defined by the town comprehensive plan base maps; provided, however, that the setback from Gore Creek shall be fifty feet (50'). Natural creek or stream channels may not be rechanneled or changed. (Ord. 29(2005) § 33: Ord. 19(1976) § 15: Ord. 8(1973) § 17.800) The owners believe they have demonstrated what is necessary to grant a variance per: 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. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. Respectfully submitted, Steven James Riden AIA Architect Lois Valenti 2012 Exemption Trust Joseph R. Busch, Jr Trustee 4752 E. Links Parkway Littleton, CO 80122-3731 Mountaintime LLC c/o Harold Korell 3333 Allen Parkway 2708 Houston, TX 77019 Neal Groff 4455 Glen Falls Lane Vail, CO 81657 Jeffery l and Sarah j Bonugli 1453 Heimer Lang Rd Spring Branch, TX 78070-5916 Sitzmark at Vail 183 Gore Creek Dr. Suite 1 Vail, CO 81657 CUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 08-02-2011 V50031468 4444-A STREAMSIDE CIR. AKA LOT 11A BSB DUPLEX SUB VAIL, CO 81657 For Closing Assistance: Kathryn Kuchler 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 Phone: 970-748-4782 Fax: 866-358-6634 EMail: kkuchler@ltgc.com For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMail: eaglecountyrequests@ltgc.com Closer's Assistant: Allison Benoit Phone: 970-748-4795 Fax: 877-268-4173 EMail: abenoit@ltgc.com PRUDENTIAL COLORADO PROPERTIES LIONSHEAD *TMX* 511 LIONSHEAD MALL VAIL, CO 81657 Attn: KAREN WILHELM Phone: 970-476-2482 X13 Fax: 970-476-6499 Copies: 1 EMail: wilhelm@vail.net Linked Commitment Delivery ALBERT & VICTORIA BELSKY 9060 E. HARVARD AVE. DENVER, CO 80231 Phone: 303-885-7750 EMail: albelsky@msn.com Linked Commitment Delivery LAND TITLE GUARANTEE COMPANY 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 Attn: Kathryn Kuchler Phone: 970-748-4782 Fax: 866-358-6634 Copies: 1 EMail: kkuchler@ltgc.com SLIFER SMITH & FRAMPTON RIVERFRONT VILLAGE AT WEST 126 RIVERFRONT LANE #C100 AVON, CO 81620 Attn: HEATHER LEMON Phone: 970-748-5420 Fax: 970-748-5421 Copies: 1 EMail: hlemon@slifer.net Linked Commitment Delivery MARK MEDLEY Phone: 405-990-7304 EMail: mmedley@medleycompany.com Linked Commitment Delivery SLIFER SMITH & FRAMPTON-AVON *TMX* 0090 BENCHMARK RD #105 AVON, CO 81620 Attn: JANNA CARVILL Phone: 970-845-2012 Fax: 866-743-1589 EMail: jcarvill@slifer.net Sent Via EMail Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 08-02-2011 V50031468 MARK MEDLEY ALBERT BELSKY AND VICTORIA BELSKY 4444-A STREAMSIDE CIR. AKA LOT 11A BSB DUPLEX SUB VAIL, CO 81657 Wire Information: Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Kathryn Kuchler ALTA Owners Policy 06-17-06 ALTA Loan Policy 06-17-06 (Bundled Concurrent Rate) Deletion of Exceptions 1-3 (Owner) Deletion of General Exception 4 (Owner) Deletion of Exceptions 1-3 (Lender) Deletion of General Exception 4 (Lender) Endorsement 100.8 (Alta 9) (Lender) Endorsement Alta 5 (Lender) Endorsement Alta 8.1 (Lender) Endorsement 103.1 (Lender) Tax Report R012680 & P023703 $2,833.00 $475.00 $60.00 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50.00 $50.00 $3,483.00 Land Title Guarantee Company Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: V50031468 A L T A C O M M I T M E N T 4444-A STREAMSIDE CIR. AKA LOT 11A BSB DUPLEX SUB VAIL, CO 81657 July 21, 2011 at 5:00 P.M. "ALTA" Owner's Policy 06-17-06 Proposed Insured: MARK MEDLEY "ALTA" Loan Policy 06-17-06 Proposed Insured: A LENDER TO BE DETERMINED $1,250,000.00 $900,000.00 A Fee Simple ALBERT BELSKY AND VICTORIA BELSKY LOT 11A, BSB DUPLEX SUBDIVISION, A RESUBDIVISION OF LOT 11, BIGHORN SUBDIVISION FOURTH ADDITION, ACCORDING TO THE PLAT RECORDED MAY 16, 1994 IN BOOK 640 AT PAGE 304, COUNTY OF EAGLE, STATE OF COLORADO. First American Title Insurance Company The following are the requirements to be complied with: (Requirements)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 1 V50031468 1. 2. 3. 4. 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: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. RELEASE OF DEED OF TRUST DATED JUNE 22, 2010 FROM ALBERT BELSKY AND VICTORIA BELSKY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF U.S. BANK NATIONAL ASSOCIATION ND TO SECURE THE SUM OF $500,000.00 RECORDED JULY 13, 2010, UNDER RECEPTION NO. 201013811. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. WARRANTY DEED FROM ALBERT BELSKY AND VICTORIA BELSKY TO MARK MEDLEY CONVEYING SUBJECT PROPERTY. DEED OF TRUST FROM MARK MEDLEY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF A LENDER TO BE DETERMINED TO SECURE THE SUM OF $900,000.00. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY AND MORTGAGEE'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: (Requirements)Our Order No. Continued: A L T A C O M M I T M E N T Schedule B - Section 1 V50031468 ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ALBERT BELSKY AND VICTORIA BELSKY. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF MARK MEDLEY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS. 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: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 V50031468 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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 and not shown by the Public Records. 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. 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. Any and all unpaid taxes, assessments and unredeemed tax sales. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 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 NOVEMBER 17, 1902, IN BOOK 48 AT PAGE 492. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 17, 1902, IN BOOK 48 AT PAGE 492. 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 DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 06, 1964, IN BOOK 182 AT PAGE 31. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES 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: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 V50031468 12. 13. AS SHOWN ON THE PLAT OF BIGHORN SUBDIVISION FOURTH ADDITION RECORDED FEBRUARY 4, 1964 UNDER RECEPTION NO. 98774. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE PLAT OF BSB DUPLEX SUBDIVISION RECORDED MAY 16, 1994 IN BOOK 640 AT PAGE 304. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT 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 MAY 16, 1994 IN BOOK 640 AT PAGE 305 AND AS AMENDED IN INSTRUMENT RECORDED JULY 8, 2002 UNDER RECEPTION NO. 800871. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; * Information about your transactions with us, our affiliated companies, or others; and * Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.1 WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. CC.FA.06 FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured names in Schedule A, as owner or mortgage of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. 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 by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issued one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. 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 Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as www.alta.org Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) DENVER, CO 80217 _____________________________________________________ Authorized Officer or Agent FIRST AMERICAN TITLE INSURANCE COMPANY Commitment for Title Insurance ISSUED BY First American Title Insurance Company MEDLEY, MARK 4201 WILL ROGERS PKWY OKLAHOMA CITY, OK 73108-2039 Account: R012680 Tax Area: SC103 - VAIL (TOWN) - SC103 Acres: 0.200 Parcel: 2101-123-05-008 Situs Address: 004444 STREAMSIDE CIR #A VAIL AREA, 0 Value Summary Value By:Market Override Land (1)$427,690 N/A Single Family Residence (1) $674,620 N/A Extra Feature (1)$2,260 N/A Total $1,104,570 $1,104,570 Legal Description Subdivision: BSB DUPLEX SUB Lot: 11A BK-0261 PG-0397 BK-0581 PG-0144 MAP BK-0581 PG-0145 DEC BK-0632 PG-0986 WD 02-18-94 BK-0640 PG-0304 MAP 05-16-94 BK-0640 PG-0305 DEC 05-16-94 Public Remarks Entry Date Model Remark Land Occurrence 1 Single Family Residence Occurrence 1 Sale Data Doc. #Sale Date Deed Type Validity Verified Sale Price Ratio Adj. Price Ratio Time Adj. Price Ratio 201119782 10/13/2011 WD QV Y $1,250,000 88.37 $1,200,000 92.05 $1,134,000 97.40 B: 000630 P: 000243 01/12/1994 WD UI Y $373,800 295.50 $373,800 295.50 $373,800 295.50 Land Occurrence 1 Abstract Code 1112 - SINGLE FAM.RES.-LAND Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 134 - BIGHORN ALONG HIGHWAY 6 Land Code 6652 - BIGHORN HWY 6 Super Neighborhood 100 - EAST VAIL / BOOTH FALLS Property Record Card Eagle County A#: R012680 P#: 210112305008 As of: 01/08/2014 Page 1 of 3 Land Occurrence 1 Size 0.2 Zoning 27 - 2FAM SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT Land U 3719 Total 3,719.00 Value Rate Rate Rate Rate $427,690 115.00 Single Family Residence Occurrence 1 Abstract Code 1212 - SINGLE FAM.RES- IMPROVEMTS Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 134 - BIGHORN ALONG HIGHWAY 6 Building Type 121500 - DUP-TRIPLEX Arch Style 3 - 2 STORY Exterior Wall 14 - WD SID AVG Percentage 100 Roof Cover 6 - ASP SHINGL Roof Structure 3 - GABLE/HIP Interior Wall 5 - DRYWALL Percentage 100.0 Floor 14 - CARPET INV 23 - CERAMIC TL Percentage 80.0 20.0 Heating Fuel 3 - GAS Heating Type 5 - HT WTR B/B Air Conditioning 1 - NONE Actual Year Built 1975 Bedrooms 3 Bathrooms 3 Construction Quality 5 - GOOD Effective Year Built 1992 Fixtures 9 Rooms 6 Units 1 Units 1 Super Neighborhood 100 - EAST VAIL / BOOTH FALLS Stories 2 - STORIES 2.0 Use Code 1000 - RESIDENTIAL Garage 1 - GARAGE 001-350 SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT BAS 1473.5 1473.5 1473.5 1473.5 FOP 49.0 14.7 49.0 FUS 670.5 670.5 670.5 670.5 GAF 324.0 324.0 WDD 382.2 76.4 382.2 Total 2,899.20 2,235.10 2,144.00 2,899.20 Value Rate Rate Rate Rate $674,620 232.69 301.83 314.65 232.69 Property Record Card Eagle County A#: R012680 P#: 210112305008 As of: 01/08/2014 Page 2 of 3 Single Family Residence Occurrence 1 Sketch by Apex Medina™ 13 . 5 ' 24' 13 . 5 ' 24' GAF 324.0 19 ' 1' 6.5 ' 2.1 ' 3.5' 2.8 ' 9.5 ' 16'5.5 ' 12.5' 5.5 ' 16' 26 ' 16' 8' 13' 7' 17.5' BAS 1473.5 7' FOP 49.0 16 . 5 ' 28.5' 11 ' WDD 382.2 16' 8' 13' 14 . 5 ' 1' 5.5 ' 12' 14 ' 16' 26 ' FUS 670.5 Extra Feature Occurrence 1 XFOB Code 110 - FIREPL. A.Abstract Code 1212 - SINGLE FAM.RES- IMPROVEMTS Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 134 - BIGHORN ALONG HIGHWAY 6 SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT XFOB Units 1 Total 1.00 Value Rate Rate Rate Rate $2,260 2,260.00 Abstract Summary Code Classification Actual Value Taxable Value Actual Override Taxable Override 1112 SINGLE FAM.RES.-LAND $427,690 $34,040 NA NA 1212 SINGLE FAM.RES-IMPROVEMTS $676,880 $53,880 NA NA Total $1,104,570 $87,920 NA NA Property Record Card Eagle County A#: R012680 P#: 210112305008 As of: 01/08/2014 Page 3 of 3 Steven James Riden A.I.A. Architect P.C. P.O. Box 3238 Vail, CO 81658-3238 970-328-0458 970-389-0150 mobile steveridenarchtect@gmail.com www.Ridenarchitect.com Re; 4444 A Streamside Circle, Lot 11A BSB Duplex Subdivision, a re-subdivision of Lot 11, Bighorn 4th Addition Building materials and color list NOTE: No change to existing materials and color, All new materials to match existing type and color per appropriate circumstances. Respectfully submitted, Steven James Riden AIA Architect !!! ! ! !!! ! Mill Creek Buffehr Creek Red Sandstone Creek Middle Creek Spraddle Creek Booth Creek Pitkin Creek Bighorn Creek Gore Creek Black Gore Creek Gore Creek Gore Creek Source:Town of Vail Comprehensive Plan Maps This map was created by the Town of Vail GIS workgroup. Use of this map should be for general purposes only. The purpose of this map is to identify established streams and creeks subject to theTown of Vail stream setback requirements. Once identified, a survey is requiredto locate the center of the stream channel after which the setback is applied accordingly. To determine the center line of the established creek or stream channel, a surveyoridentifies the width of the channel or stream’s water surface, edge to edge, and dividesthe distance in half to establish the center from which the required 30’ or 50’ setback ismeasured. Town staff uses the primary definition of channel as set forth in Webster’s IINew Riverside University Dictionary: "channel - a stream or riverbed." 12-14-17: SETBACK FROM WATERCOURSE:Minimum setback from a creek or stream shall be not less than thirty feet (30')from the center of the established creek or stream channel as defined by the towncomprehensive plan base maps; provided, however, that the setback from Gore Creekshall be fifty feet (50'). Natural creek or stream channels may not be re-channeled orchanged. STREAM SETBACKS STREAM SUBJECT TO 30' SETBACK REQUIREMENTS STREAM SUBJECT TO 50' SETBACK REQUIREMENTS Approximate Property Boundaries Town Boundary TOWN OF VAILWATERCOURSE SETBACKS µ 0 10.5 Miles August 14, 2008