HomeMy WebLinkAboutPEC140009 submittal materials peel/lanqenwalter architects, I.I.c.
david m. peel, a.i.a.
kathy langenwalter
p.o. box 1202
vail, co 81658
970-476-4506
�larch(c�vaii.net
April 14, 2014
Planning and Environmental Commission
Town of Vail
75 S. Frontage Road
Vail, CO 81657
RE: Side Setback Variance Application
Carey Residence
2785 Bald Mountain Road
Lot 3, Block 2, Vail Village Filing 13, Town of Vail, CO
Dear Planning and Environmental Commission Members;
Mike and Wendy Carey recently moved into their new home at 2785 Bald Mountain Road. They
found that their 371.5 square foot two car garage with interior dimensions of 17'-10"x 20'-10" is
barely large enough to park two cars let alone provide any storage space for the required trash
and recycling containers, bicycles, skis, etc. Therefore they are respectfully requesting a side
setback variance to add a small storage area to the garage.
The two story addition is situated between the existing garage and the entry to the three
bedroom home. It will align with the existing front wall of the garage located within the 15 foot
side setback. The addition will add 32 gross square feet to the garage and 32 gross square feet
to the small second story o�ce. The encroachment of the building footprint into the side
setback will be 11.9 square feet.
The existing residence was approved by the Town of Vail and constructed in 1977 at which time
the required side setback in the Residential Zone District was 10'-0". Since then the Town of
Vail increased the required side setback in this zone district to 15'-0"thus requiring a setback
variance to add on to the garage. Per a recent su�vey by Inter-Mountain Engineering, the
southwest corner of the garage is located 11'-6"from the west property line. The proposed
addition will encroach 3'-7" into the 15'-0" setback.
In August of 2013, the Careys were granted a side setback variance request and Design
Review Board approval to construct an office and bath upon the existing deck above the
Side Setback Variance Application
Carey Residence
April 14, 2014
Page 2 of 4
garage. Based on this approved project scheduled to be constructed this year, the proposed
modest addition will have little effect on the mass and bulk on the building nor will it further
infringe on the Lot 4 neighbor.
This property has several physical hardships which warrant the granting of the requested side
setback variances as stated in the Town of Vail Zoning Regulation Section12-17-1: PURPOSE:
A. Reasons For Seekinq 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.
The primary physical difficulty of this property is that, although it was sited properly when
constructed, the town changed the side setback from 10'-0" to 15'-0" making this property non-
conforming thus necessitating this variance request. tn addition, the property shares a common
driveway with its neighbor to the west, Lot 4, as discussed below.
Other physical and practical difficulties are the location and layout of the building. These include
the unusually small 371.5 square foot garage and a confining building layout. The garage was
designed with living area on the adjoining east and south sides. The north wall is a full height
concrete retaining wall that not only supports both the Lot 3 and Lot 4 residences but also
allows the common driveway between. Therefore, the only expansion option is in the area
requested.
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
This property is unique in that it was designed and constructed in conjunction with its
neighboring property to the west, Lot 4. When the two sites were originally developed, the
owners for both Lot 3 and Lot 4 chose to construct a common driveway which approximately
foltows their common lot line. As stated in their April 12, 1977 letter to the town, the owners'
intent was to "preserve as much ground cover as possible during the construction phase". Thus
the two residences were designed and sited to create the single driveway for both homes and a
"Joint Easement Agreement"was executed for the common driveway which is binding for both
properties.
At the time the residences were constructed, the zoning regulations required a 10'-0" side
setback. Due to site conditions and to accommodate the shared driveway the Lot 3 garage was
Side Setback Variance Application
Carey Residence
April 14, 2014
Page 3 of 4
designed to be 12'-0"from the common property line and the Lot 4 garage was to be located
18'-0"from the property line thus allowing a separation of 30'-0"for vehicular maneuverability.
This placement was within the zoning regulations and approved by the Town of Vail prior to
construction. Since the houses were built, the town increased the side setback requirement to 15'-
0"thus creating a non-conformance for Lot 3.
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this title without grant of special privilege.
Because the Lot 4 building location happens to be beyond the increased setback of 15'-0", Rob
Ford, the owner, has been able to construct a two story addition along the common property line
with Lot 3. Mr. Ford is in favor of the granting of this variance for Lot 3 thus affording the Careys
the same rights he and other property owners have enjoyed.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The requested side setback variance and construction on the existing roof deck structure will
have no effect on light and air, distribution of population, transportation and traffic facilities,
public facilities and utilities, and public safety.
Granting of this side setback variance can be made based on the following findings:
1. Due to the existing conditions unique to this properly,the granting of the requested
variance will not constitute a grant of special privilege inconsistent with the limitations
on other properties classified in the same zone district.
2. Nor will the granting of this variance be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. Because the variance request is to construct the addition in line with the existing
west wall of the garage and within the buildable area as approved by the town in
1977,the strict or literal interpretation and enforcement of the specified regulation
would result in practical di�culty inconsistent with the objectives of this title.
b. The minimal size of the existing finro car garage, the siting of the residence to
accommodate the common driveway and the change from a required side setback
i
Side Setback Variance Application
Carey Residence
April 14, 2014
Page 4 of 4
of 10'-0"to 15'-0" are exceptional and extraordinary circumstances and conditions
that do not apply generally to other properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of the privilege of expanding within the original buildable
area which was approved by the town and constructed within the zoning
regulations in effect at the time - a privilege enjoyed by the owners of other
properties in the same zone district.
Thank you for your consideration of this request.
Yours truly,
'�7
Kathy Lan nwalter
Peel/Langenwalter Architects, L.L.C.
Attachments: Town of Vail Zoning Checklist Summary for Lots 3, Block 2, Vail Village 13"'
Town of Vail Zoning Checklist Summary for Lots 4, Block 2, Vail Village 13"'
Letter to the Town of Vail dated 4-12-77
Joint Easement Agreement for Lots 3 &4, Block 2, Vail Village 13"' Filing
Existing photos and Google Earth Image showing Lot 3 & 4 common drive
July 15, 2013 Variance Application Letter
August 26, 2013 Community Development Department Memo
assi9n Re�ie� F�e
� ZONI�G CHECKLtST �
bate Paid SUMMARY ,
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PROJ ECT ��.�:_.L�`°�'�' ` �,6�_; ARCH I TECT � �°,��,_ �... ;
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USE ZOtJE __����; aR�JPOSED �JSE(S3 �J/y��;� �__J},.�"�.,s.�(, . ;
LOT S i ZE ; FRQWTAGE t�(/ � {�� � �
SE78ACKS: Requirsd - PronT � , Sides �d �_, Rear ,�Q� ,
A c t u a I - F r o n t 1l�--, S 1 d e s ����--K'.L.. ������ R e a r ��:
OISTANCE 9ETWEEN BUI�GINGS: Reauired ��J� , Actua! ���/r ;
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HEIGHT: Average ra�e Height Allowed , .Actua) �-�;
m2 .f « �� � �� � 1�. S�
G.R.F.A. : , tkf Ratio, AI lov+able sq. ft.���� ��r�X� Actual sq. ft� � ST;�
COMMERC{AL F100R AREA: Percentage ailowabie , Allawable sq, ft. ,
Actual sq. tt. ;
BUILDIt3U BULK COtdTROI: ACEowable naximum tength , Diagonai ,
Reauired Offse±s , Actual length , Diagonal ;
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S17E COVERAGE: AI law�able ���, AIlowable Sq, tt.`�r'�`,____Y__' Actua{�_p
A c t u a i s q. f t, '�yx„'�"__' .
USEABLE OPEN S?AC:: Required sq, ft. , Actual sq. Ft. ,
Ground Levei , ,'b', Cammon � �;
LANDSCAPlNG: Required �, sq, ft. , Actuai $ sq. ft.
PARKtN6 ANd LOADING: Nc. Required � , No. Actuai _��1/!t , Covered Re-
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quired � tJo. ; Covere�tual , $ �
ZONIN6 APPRaVAI � ,,.� `'�i �
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DESIGN REYtEW BOAP.D APFRObAL ''
Chairman, Design Review Board Jate
UTILlT►ES APPRQVA.L
Town Enair.eer Date
ENVIRG�iMENTAL IMPAC7 APPROVAI
Mayor Date
Date Submitted tor Zoninc Reviaw , Deadline Date `
Qate Submitted for �esign Rev�ew , Deadline Date
date Submftted for Enviranmental Impact Review pe�dline
Extenston of to as permitted
item date
by See#ian ot Ordinance tyo. 8 tSeries of 1973) .
COMMENTS: fti �' !` !� ' �`;'.� ' tPc�
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PROJECT r��/I.'� �,l.;i 1�,.�!,t�,,{_,, ; ARCH t TEC7 � �-i�:��°`���"`,��� ;
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USE ZONE �; PROPOSED USE(S) :'� �� ?� �-- 1 �+ `x.� •
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lOT SIZE �� ���=��� ; �ROWTAGE i��/� �� � �
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SETBACKS: Raquired - Froni ,�,rjf��, 5ides ��� � � , Rear �_._,
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DiSTANCE BETW"cEla BUILCiNGS: Requi�ed �(�� , , Actuaf ; '�� ;
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NEIGHT: Average Grace Height Allowed , Actual ��;
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COt;MERCIAL �IOC�R AZEr�: ?ercentage al lowable , Ai lowabfe sq, ft. 1��"'"-'' ����
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actuai sq. ft. ;
BUILClNG BUL�C CO��TRGL: Aflowabfe maximum length , piagonai ,
Required Oftsets , Ac`ual length , �iagor.ai
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SITE COVERA6E: A1 1o�saole c=��p, At lowab?e Sq. ffi.�„>_��, Actuai�__,�,
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Actual sq. f�. � r � •
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USEABLE OP'c�; SPACc: Required se. f-., Actual so. ft. ,
6raund �evel , p, Common , � ;
LAtdOSCA?ING: Required �, sq. ft. , Actual � sq . f±.
PARKIhG AND LOACI;J,^,: Nc. Required � , No. Actuai -�, Cavered Re-
quired � No.; Covere� Actuai �, $
ZONING AFPRGVA�
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�oninq Adminis�rator �a e
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DES I GN RE'd!EW EGARC AFPRONAL !_�,-°
Chairman, Design Review Board Date
I;TiLiT1E5 AP?ROVA�
Towr Engineer Gate
GPd�liRO'JMENTp,L ItfPAC�� APPRGVAL
Maycr Da`e
Dste Sutsmit`ed for Zoning Review , Deadline Rate
Oate Submitted for Design Review , Oead� ire Date
Date Submitted for Erviror,men-`ai Impact Review Deadline
Extension of to as perr�itted
�ten date
by Section of drdinance No. 8 (Series of 1973) .
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CO��IMENTS: ! L�.,�✓ ��. a'' �"! � ,�., .�, �� �
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April 12, 1977
Mr. Jo Kramer
Town of Vail, Building Dept.
P. O. Box 100
Vail, Colorado 81657
Re: Residences to be constructed
on I,,�.s....��and 4, Block 2,
,,�1 �tiilag�"���°t-�., Filing/
,�'� Kendal l ancl Ford '� '
Dear ,70: �����.
Rob Ford and I are planninq to construct a common clriveway approx-
ima.tely alang the lot line between Lots 3 and 4, Block 2, Vail
Village 13th Filing.
We intend to divide the construction costs, paving costs, maintenance,
ta include snow plowing and any planters, etc. in half, Fard paying
one half and Kendall paying one half. The idea here is ta preserve
as much ground cover on the two sites as possible during the
construction phase. we wili both have equal use af the driveway.
We will have an attorney draft a cavenan� regarding the use and
maintenance of the driveway, which will be recorded anci will run
with the land. This covenant will be c�.ted in any future title
insurance policies as an exception thereto, as are the covenants
of the 13th filing. Subsequent owners will be required to accept
title subject to this cavenant. As soon as I have the covenant,
which should be within ten days, I will make it available to your
office.
Cordially,
r
Robert�' . Ke 11 ``�
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Robert E. Fo d '�'
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� 1��� � . H� 302 ,P�e 6 59 Ra c�rr��id" at '�1 s 00 A.M. May Qy 19$O"
- R+eodrd"er= nht�nst�e .PhtlTips Eagle Co�ty
�, _ JOINT EASE'XIENT `AGR�Ei+IENT
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1�GY2EEMENT Made May `'.6th . 19SU. betvJ��n .ROBERT t4. KENDALL �
',a�d GLORIA J. KENDALL, husband and wi�e, of Va�il, Colorado,:
�: ��«+��> hereina�ter re�er�ed to as "Kendal2s" .and RO�ERT E. FORD, a. .
- ``siingle person, of -'i7si1 , Colorado, hereinafter referred to as
"Ford"; Kend:al,ls>_and Ford hereinafter collectiveil.y referred to
as "the parties^ .
RECITALS
WHEREAS, Kenda]:Ls own, , im -£ee' simple., certiain re'al property
si:t�a�e in the Town of Vail , County of Eagle , State of. Colo�ado,
described as ' follows , to wit: _
� Lot 3, Block 2 , Vail Village, l3th Filing,
according to the recorded plat thereof;
WEi£g�AS, :For.d owns, in. fee simple,' certain .real ;property. -
si:tuate .i:n the Tohin of Vail,. County .of Eagle, . StaEte of Coloracio,
more particularly 'de'scrib�'d as follows, to wi.t:
Lot- .,4•, BlocK 2 , Vai1 �7illage 13th F.iling,- . ' ` '
a�cording to the recorded plat thereof.;
�VFiEREAv,. I:ots 3 and 4� descri bed above are adj acent and •are
bounded by a aommon l.ine pez the Vail :village 13th Filing P3.at
:thereof filed of record in- the office of the Eagle :County Clerk
and Recorder;
,,:
` wHEREAS, the parties have the full right, pow�r and authori.ty:
,
to �r�ter itato th�s agreement and to convey, each :to the oth�r, "
real .property "interests in the' above described ,praperty;
WH,EREAS, the parties desire to create a common driveway
between the above described adjoining lots for. the benefit of
each of them; and to furthermore, create a' common riqht-of-wa�
for the purpose of providing and/or maintaining' common utility
services to both of s'uch lots; the aforesaid common driveway and
utility riqht-of.-way to be located and situate'�upon the followsng
desc�cibed .property, to wit :
That part o£ Lots 3 and 4 , Block 2 , Vail Villac3e 13th
Filing, Town of Vail, County of Eagle., State of Colorado,
lying 10 feet on each si.de of the following described center
lin�: commextcing at the Southeast corner of said lot 4 ;
thence 33.07 feet along the arc of a 500. 75 foot radius
' curve to the .left whos� central angle is 03°47 ' 03" and
whose ].ong chord bears north 69°39'26" West, 33.07 feet to
: the point of b�ginnin.3; thence :VOrth 20°34 '27" East
12.69 feet; thence l�orth 51°�6 ' 46" East 69. 55 �eet;
t}z�nce North 07°37 '25" East 18 . 5Q feet; tYaence North 24°
07 ` 37" East. 65.58 feet to the �oint of termi.nus, from
whence the I3orthwest corner of said Ic�t 4 bears South
32°39 'S3" West 33. 50 f�et; wiiich prop�rty is ktereinafter
referred to as .the "common easement" ;
WHEREAS, the par��.es desire to covenant , intcr se, for thc
purpos� of maintaining, improvi.ng, and restrictinc� t� use of
tYie common easc�ment:
NOW, �FIEREF022� , the parties covena,it, ac�ree , and �onvey . to
eac11 .Other in the fol.lowing manne'r: - -
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1. An ease�nent for a com�iton driv�wa� and utility right-of--
way in �avor of Lot 3, owned .by Kendalls, is created over that
property hereinbefore described as tYie� "common easement":; and
concomitantly an easement for a common driveway and utilxty '
right-of-way is crea�ed in favor of Lot 4 , `:owned by Ford over
the "common easement" , for the purpose of cr�ating a cammon
driveway 20 feet in width far the benefit oF both o£ such lots.
� 2. The parties, their respective successors and assigns,
shall use the rights herein granted with due regard to the
rights of all, and shall r�ot 'use the comrnon driv�way or u�tility
right-of-way in any way that would impair the rights of the other
. party to such use; the parties agree further, that they mutually
shall so maintain and operate the common driveway and right-of-
way in such a manner that the operation thereof wi11 in no way
hinder or prevent its proper and reasonable use by both.
3. By �hese presents, tt2e "common easement" shall be .
restricted in i.ts use by the parties , their successors and
essigns, in the following respect, to wit:
A. No party, his successors or assi.qns , shall park
any vehicle (motor or non-motor) , or place any object
upon the common easemenC, so as to impede or obstruct
acces� thereupon by the other p�rty, his successors or
assigils; and in no event, shall. any party to this agree- - �
ment, hi,s successors or assiqns, park or allow to be
placed upon said common easement any recreationa].
. vehicle (RV) , camper, or trail�r, as such vehic2es are
qenerically known; -
B. No party, his successors or assiyns, shall ,permi•t
any auto or motor vehicle repair or xnaintenanae to be
perfdrm�d or conducted uPon the common easement;
C. No party, his successors or assigns, shall allow
" or permit any motorcycles, motor..powered "go-karts" ,
snowmobiles, or any other motorized "off-the-road
vehicle" to be parked, placed, or driven upon the co:r.man
easement at any time; - -
D. With respect to the storage or placement of �
' garbage cans or cQntainers upon the cammon easement, no
party, his successors or assiqns, shal]. place or set'
thereupon any garbage can(.$) or refus.'e container(s) for
a period in excess of 24 hours at any� one time; and such -
trash cans ar containe�s may only be placed upon such
common easement on those days that it is customary for
such refuse or garbaye to be transported away by refuse
removal services that are available. In no event shall
any uncoverea garbage can or refuse container be placed
or set upon such common easement at any time.
4. Th� respecL-ive owaers oF th� two lots described above,
their successors ancl assigns, shall contr�.bute ratably on a share
and shar� alike basis (50-50) i:o the cost of any materials and
labor us�d in the repair and maintenancc. of said common easement
(dri.veway or utility right-of-way) ; furthermore , such owners,
their successors and assigns , shall contribute on a ratable basis ,
shaz-e and share ali.ke , to the cost of snow removal from the
common easem�zlt in order to allow for acc�ss to the respective
lots.
5. Zn tnc evPnt that iL- s}.all become necessary for either
party, hi� successors or assigns, to enforce any of th� provisions
of this a.greement , by injunction or other.wis�, the prevailing
��arty shala be entitled to his r�asonabl� costs incurred, damages
sustaine•d, �ogetner with reasonable attorney 's fees exp�nded.
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6. This: iea$eioent agreement is su�r:�vr arid �Paramount .to .the
rights of .any of ttie :parties hereto i:t ;the respective s8rvieiit
e�tat+es. so created; and the 'pa�ties, ,th�ir successors and assigns,
frsrther ;ag�eee that the provisions, covenants, ar►d restrictions .. _.
herei'n_ coiratained, s.hall rurs with th� land. `"'
� I•N WITNESS 'WH,EREOF, the part•ies hereto have executed this
� agreement a£ Vail, Colorado, the day and year fi:rst- above :+wr3.L•tea.`
. �.
Rabert M. Kendal
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� ST�aTE �OF CaI:ORADO )':.
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Countp of`Eagle ' :_�:: .
Subscribed and .s�oi:n to before me tYris 6th day `of r�ay
' -: . - .I980,: by :;Robeir.t M. Kendal3.:;and .Gloria J. :Kenda�t; hugband arid ;
:: ,:, wife, and Robert :E:. Foxd_, a :single. person. � . '_ '
Witness: my .hand and of�icia-l. seal. .
My commission- expires..; �� r ..�� Erc:_� �., 1.9$?- - . ,
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" Notary P. ic •
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eelilan enwaiter architects I.Lc. �
david m. peel, a.i.a. I
kathy langenwalter !�
p.o. box 1202 I,
vaii, co 81658 ',
970-476-4506
plarch vail.net
July 15, 2013
Planning and Environmental Commission
Town of Vail
75 S. Frontage Road
Vail, CO 81657
RE: Side Setback Variance Application
Carey Residence
2785 Bald Mountain Road
Lot 3, Block 2, Vail Village Filing 13, Town of Vail, CO
Dear Planning and Environmental Commission Members;
Mike and Wendy Carey, owners of Lot 3, Block 2, Vail Village Filing 13, are requesting a side setback
variance to construct a third bathroom and small office upon an existing second story deck situated
above their finro car garage. The 183 square foot addition to the three bedroom home will not increase
the existing building footprint and will have little effect on the mass and bulk of the building.
The residence was approved by the Town of Vail and constructed in 1977 at which time the required
side setback in the Residential Zone District was 10'-0". Since then the Town of Vail increased the
required side setback in this zone district to 15'-0"thus requiring a setback variance to build the second
story upon the existing structure. Per a recent survey by Inter-Mountain Engineering, the Carey
residence is located 11'-6"from the west property line.
Due to the design and siting of the existing residence, the addition must be situated in the northwest
area of the house. One of the physical difficulties of this property is that it shares a common driveway
with its neighbor to the west, Lot 4 as discussed below. Another di�culty is a mature conifer growing
Gose to the northwest corner of the structure which the owners and neighbor would very much like to
preserve. This can be accomplished by utilizing the existing deck thus leaving the tree roots unaffected
by construction.
1. The refationship of the requested variance to other existing or potentiat uses and structures
in the vicinity.
This property is unique in that it was designed and constructed in conjunction with its neighboring
property to the west, Lot 4. When the two sites were originally devetoped, the owners for both Lot 3
Y a
Side Setback Variance Application
Carey Residence �I
July 15, 2013
Page 2 of 3
and Lot 4 chose to construct a common driveway which approximately follows their common lot
line. As stated in their April 12, 1977 letter to the town, the owners' intent was to "preserve as much
ground cover as possible during the construction phase". Thus the two residences were designed and
sited to create the single driveway for both homes and a "Joint Easement Agreement" was executed for
the common driveway which is binding for both properties.
At the time the residences were constructed, the zoning regulations required a 10'-0" side
setback. Due to site conditions and to accommodate the shared driveway the Lot 3 garage was
designed to be 12'-0"from the common property line and the Lot 4 garage was to be located 18'-0"
from the line thus allowing a separation of 30'-0" for vehicular maneuverability. This placement was
within the zoning regulations and approved by the Town of Vail prior to construction. Since the houses
were built, the town increased the side setback requirement to 15'-0"thus creating a non-conformance
for Lot 3.
2. The degree to which relief from the strict or literal interpretation and enforcement of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this title without grant of special privilege.
Because its building location happened to be beyond the increased setback of 15'-0", Rob Ford, the Lot
4 owner, was able to construct a two story addition along the common property line with Lot 3. Mr.
Ford is in favor of the proposed addition and the granting of the variance thus affording the Careys the
same rights he and other property owners have enjoyed.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The requested side setback variance and construction on the existing roof deck structure will have no
effect on light and air, distribution of population, transportation and t�affic facilities, public facilities and
utilities, and public safety.
Granting of this side setback variance can be made based on the following findings:
1. Due to the existing conditions unique to this property,the granting of the requested
variance will not constitute a grant of special privilege inconsistent with the limitations
on other properties classified in the same zone district.
2. Nor will the granting of this variance be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
� ,
Side Setback Variance Application
Carey Residence
July 15, 2013
Page 3 of 3
�
3. This variance is warranted for the following reasons: !I
�
a. Because the variance request is to construct above an existing structure and not
extend beyond the existing building footprint approved by the town in 1977,the
strict or literal interpretation and enforcement of the specified regulation would
result in practical difficulty inconsistent with the objectives of this title.
b. The siting of the residence to accommodate the common driveway as welt as the
change from a required side setback of 1Q'-0"to 15'-0" are exceptional and
extraordinary circumstances and conditions that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of the privilege of expanding within the original
building footprint which was approved by the town and constructed within the
zoning regulations in effect at the time -a privilege enjoyed by the owners of other
properties in the same zone district.
Thank you for your consideration of this request.
Yours truly,
Kathy Langenwalter
Peel/Langenwalter Architects, L.L.C.
Attachments: Town of Vail Zoning Checklist Summary for Lot 3, Block 2, Vail Village 13th
Town of Vail Zoning Checklist Summary for Lot 4, Block 2, Vail Village 13�'
Letter to Town of Vail dated 4-12-77
Joint Easement Agreement for Lots 3 8�4, Block 2, Vail Viilage 13�' Filing
Google Earth Image showing Lot 3 &4 common drive and Lot 3 second story deck
T�WN OF VAIL . h
Memar�ndum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 26, 2013
SUBJECT: A request for a variance from Section 12-6E-6, Setbacks, Vail Town Code
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an
addition within the side setback area, located at 2785 Bald Mountain Road/Vail
Village Filing 13, Lot 3, Block 1, and setting forth details in regard thereto.
(PEC130023)
Applicant: 2002 Carey Family Trust, represented by Peel/Langenwa{ter
Architects, LLC
Planner: Jonathan Spence
I. SUMMARY
The applicant, 2002 Carey Family Trust represented by Peel/Langenwalter Architects,
LLC, is requesting a setback variance to allow for an addition into the side setback area at
2785 Bald Mountain Road. Based upon Staff's review of the criteria outlined in Section
VII of this memorandum and the evidence and testimony presented, the Community
Development Department recommends approval, with a conditian, of this application,
subject to the findings noted in Section VIII of this memorandum. A vicinity map
(Attachment A), photographs (Attachment B) the applicants' request (Attachment C), and
proposed architectural plans (Attachment D) are attached for review.
II. DESCRIPTION OF REQUEST
The applicant, 2002 Carey Family Trust represented by Peel/Langenwalter Architects,
LLC, is requesting a setback variance to allow for an addition into the side setback area at
2785 Bald Mountain Road. The subject property is a two-story single family home built in
1977 and is located in the Two-Family Residential (R) Zone District. The applicant is
proposing to extend the existing second floor by approximately 9'-6" to the northwest to
allow for the construction of a bathroom and office. The proposed 183 square foot
1
addition encroaches 3'-6" into the �equired 15' side setback. The addition is to be
constructed over the existing garage and replaces an existing second-story rooftop deck.
The addition is entirely within the footprint of the existing structure and will not increase
site coverage. The addition is an increase in GRFA and meets the requirements of the
Two-Family Residential (R) Zone District. The proposed addition will utilize the same
materials and architectural style of the exiting home to not appear distinct.
III. BACKGROUND
The Vail Village Filing 13 subdivision was approved by the Town of Vail and recorded
with Eagle County in 1972. The residence was approved by the Town of Vail and
constructed in 1977. At that time, the required side setback was 10' in the two-family
Residential (R) Zone District and the home was constructed 11'-6" from the west
property line. Subsequent to the construction of the home, Ordinance No. 50, Series
1978, increased the required side setback in the Two-Family Residential (R) Zone District
to 15'. This ordinance increased setback requirements in all residential zone districts
existing at that time.
The property is generally rectangular in shape and slopes moderately from front to back.
The home shares a common access drive with the property immediately to the west, Lot
4, that was also built in 1977. According to the building permit documents, the owners at
that time desired a common driveway to minimize the impacts to the site and to preserve
the natural ground cover.
In 2013 the property received DRB approval for a 214 square foot exercise room addition
to the rear of the stricture. This addition utilized the one time exemption for structures with
nonconforming roofs (wood shake). The 183 square foot bathroom/office addition, with
the requested variance, and with approval by the PEC and DRB, will require the structure
to come into conformance Sec. 14-10-5 Building Materials and Design.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code
are relevant to the review of this proposal: Vail Land Use Plan (in part)
CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals were
developed which were then substantially revised after different types of opinions were
brought out in the second meeting. The goal statements were developed to reflect a
general consensus once the public had had the opportunity to reflect on the concepts and
2
ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.2. The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the Urban Design
Guide Plan.
1.5. Commercial strip development of the Valley should be avoided.
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in areas that
are not highly visible from the Valley floor. New projects should be carefully controlled
and developed with sensitivity to the environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.8. Recreational and public facility development on National Forest lands may be
permitted where no high hazards exist if:
a. Community objectives are met as articulated in the Comprehensive Plan.
b. The parcel is adjacent to the Town boundaries, with good access. c. The
affected neighborhood can be involved in the decision-making process.
1.9. The existing condition and use of National Forest Land (USFS) which is
exchanged, sold, or otherwise falls into private ownership should remain unchanged. A
change in the existing condition and use may be considered if the change substantially
3
complies with the Vail Comprehensive Plan and achieves a compelling public benefit
which furthers the public interest, as determined by the Town Council.
1.10. Development of Town owned lands by the Town of Vail (other than parks and
open space) may be permitted where no high hazards exist, if such development is for
public use.
1.11. Town owned lands shall not be sold to a private entity, long term leased to a
private entity or converted to a private use without a public hearing process.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
1.13. Vail recognizes its stream tract as being a desirable land feature as well as its
potential for public use.
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.2. Quality time share units should be accommodated to help keep occupancy rates
up.
5.3. Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.4. Rzsidential growth should keep pace with the market place demands for a full
range of housing types.
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
CHAPTER VI, SECTION 4, PROPOSED LAND USE CATEGORIES (in part)
LDR Low Density Residential
This category includes single-family detached homes and two-family dwelling units.
Density of development within this category would typically not exceed 3 structures per
buildable acres. Also within this area would be private recreation facilities such as tennis
courts, swimming pools and club houses for the use of residents of the area. Institutional
/public uses permitted would include churches, fire stations, and parks and open space
related facilities.
4
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-6C: TWO-FAM/LY RESIDENTIAL (R) D/STRICT(in part)
12-6C-1: The two-family residential district is intended to provide sites for low density
single-family or two-family residential uses, together with such public facilities as may be
appropriately located in the same zone district. The two-family residential district is
intended to ensure adequate light, air, privacy and open space for each dwelling,
commensurate with single-family and two-family occupancy, and to maintain the desirable
residential qualities of such sites by establishing appropriate site development standards.
12-6C-6: Setbacks: In the R district, the minimum front setback shall be twenty feet (20),
the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall
be fifteen feet (15).
CHAPTER 12-17: VARIANCES (in part)
12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen
such practical difficulties and unnecessary physical hardships inconsistent with the
objectives of this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or unnecessary
physical hardship may result from the size, shape, or dimensions of a site or the location
of existing structures thereon; from topographic or physical conditions on the site or in the
immediate vicinity; or from other physical limitations, street locations or conditions in the
immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
V. SITE ANALYSIS
Address: 2785 Bald Mountain Road
Legal Description: Lot 3, Block 2, Vail Village Filing 13
Zoning: Two-family Residential District
Land Use Plan Designation: Low Density Residential Current
Land Use: Single Family Residential
Geological Hazards: None
Standard Allowed/Reauired Existinq Pronosed
Density: (max GRFA) 6,797 sq. ft. 2,344 2,526 sq. ft.
Building Height: 33 ft. 24 ft. 24 ft. for addition
Site Coverage: 3,458 sq. ft. 2,416 sq. ft. 2,416 sq. ft.
5
Parking >_2,000 GRFA, 3 spaces 4 spaces 4 spaces
Setbacks:
North: 15 ft. (rear 16.3 ft. No change
West: 15 ft. (side) 11.5 ft. 11.5 ft.
East: 15 ft. (side) 16.8 ft. No change
South: 20ft. (front) 113 ft. No change
VI. SURROUNDING LAND USES AND ZONING
Existinq Use Zoninq District
North: Open Space Natural Area Preservation District
South: Open Space Outdoor Recreation District
East: Single-family Residential Two-family Residential District
West: Single-family Residential Two-family Residential District
VII. REVIEW CRITERIA
The review criteria for a variance request are prescribed in Chapter 12-17, Variances,
Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
The subject property, Lot 3, is located within a residential development bordered on the
east and west by other single family homes and on the north and south by open space.
The proposed 183 square foot addition would occur on the second story replacing an
existing rooftop deck situated over a two-car garage. The addition will be completely
within the existing building footprint and will not increase site coverage nor diminish
landscape area. The addition is designed to blend seamlessly into the existing structure
architecturally and will have little effect on the building's perceived mass and scale.
Therefore, Staff believes this proposal will not negatively affect the other existing or
potential uses and structures in the vicinity in comparison to existing conditions.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of this
title without a grant of special privilege.
The original home was constructed within the Town of Vail in 1977 under the Two-family
Residential (R) Zone District regulations. The setback regulations at that time required a
10 foot side setback that the building design and construction complied with. The home
6
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subsequently became legal nonconforming in 1978 when the side setback was
increased in the Two-family Residential (R) Zone District to 15 feet. Property owners in
the vicinity whose original homes were built prior to 1978, but meeting the 1978 15 feet
setback regulation, are able to pursue building additions utilizing the existing footprint
and foundation. Unlike other properties in the vicinity, a variance is necessary to pursue
similar building improvements on the subject property. The proposed bathroom and office
addition will improve the functionality and value of the home, an upgrade supported by
Land Use Plan Goal 1.3.
Staff believes the proposed variance is consistent with the goals of the Town of Vail Land
Use Plan and purposes of the Two-family Residential District as identified in Section IV of
this memorandum.
Therefore, Staff believes the proposed relief from the setback regulations is necessary to
achieve compatibility and uniformity of treatment among sites in the vicinity and to attain
the objectives of this title without a grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The proposed variance will facilitate an addition in the side setback area that will not alter
population; will not increase the required number of parking spaces; will not affect any
existing transportation or traffic facilities, public facilities, or utilities; and will not affect
public safety in comparison to existing conditions. Therefore, Staff believes the proposed
variance conforms to this criterion.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with a condition, of a
variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-
17, Variances, Vail Town Code, to allow for an addition within the side setback area,
located at 2785 Bald Mountain Road/Vail Village Filing 13, Lot 3, Block 1, and setting forth
details in regard thereto. This recommendation is based upon the review of the criteria
outlined in Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
7
� . .
"The Planning and Environmental Commission approves the applicants'request for a
variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, fo allow for an addition within the side setback area, located
af 2785 Bald Mountain RoadNail Village Filing 13, Lot 3, Block 1, and setting forth details
in regard thereto"
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission applies
the following condition:
1. Approval of this variance is contingent upon the applicants obtaining Town of
Vail design review approval for this proposal.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
"Based upon a review of Section Vll of fhe August 26, 2013 staff inemorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two-family
Residential District.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified
regulation will result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are exceptions or extraordinary circumstances or conditions
applicabl� to the same site of the variance that do not apply generally to
other properties in the Two-family Residential District.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the Two-family Residential District
8
�r�.����y�� ����� Cindy Denney Stewart Title-Edwards
��, Escrow Officer 97 Main Street,Ste W-201
Edwards,CO 81632
(970)766-0232 Phone
(970)926-0235 Fax
cdenney@stewart.com
May 15, 2013
Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust Created May 20, 2002
6817 Elaine Way
San Diego, CA 92120
File No: 01330-22145
Property Address: 2785 Bald Mountain Rd., Vail, CO 81657
Dear Customer:
Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy
premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard.
Please review and retain your policy with your other valuable records.
We have a permanent file regarding your property and can offer expedient and cost efficient service with your
future transactions. In the event you decide to sell or refinance your property in the future, please contact us
for special discounts and faster service.
You may access all your closing documents through the Internet on SureClose by visiting
www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information.
Sincerely,
Stewart Title- Edwards
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under
your policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World-Wide Web site at htto-riwww.stewart.com.
ALTA Owner's Policy(6/17/06)
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk indudes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged, notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurats and complete land survey of the Land. The term "encroachmenY' includes encroachments of existing improvements
located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning)
restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action,describing any part of the Land,is recorded in the Public Records, but only to the eutent of the enforcement referred
to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned by:
�a 1�.�Y Y�:;1 �.
.� ; title guaranty company ,�''' ��r%���'"�''�..
r
A riud Cauntersignature Ma##Morris
�,,���mxiu�s„a �1't3�IC�8�t�'dl1��"�Q
Stewart Title-Edwards ���'��«`*���,���
97 Main Street, Ste W-201 ���'����"RQi��, �`�m
Edwards, CO 81632 ��s�; �°'�°" =�*��
(970)926-0230 �� ` �9 0� ��
Agent ID: 060058 ����t��ps,����
,��,����
C3enis�C rraux
�ecretary
Copyright 2006-2009 American Land Title Association. All rights reserved. �
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ,ona t.�..�t:.,1.N
All other uses are prohibited. Reprinted under license from the American Land Title Association. t.a�b++��i�t t
n.scsc:tn:r�i;)n
File No. 01330-22145
Page 1 of Policy Serial No.:0-9301-001840424
ALTA OWNER'S POLICY(6l17/06)
SCHEDULE A
Name and Address of Stewart Title Guaranty Company
Title Insurance Company: P.O. Box 2029, Houston, TX 77252
Prepared by: Colorado Regional Production Center
Title Officer: Linda Williams
File No.: 01330-22145 Policy No.: 0-9301-001840424
Address Reference: 2785 Bald Mountain Rd., Vail, CO 81657
(For Company Reference Purposes Only)
Amount of Insurance: $1,700,000.00 Premium: $1,700.00
Date of Policy: May 15, 2013 at 4:30 P.M.
1. Name of Insured:
Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust Created May 20, 2002
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust Created May 20, 2002
4. The Land referred to in this policy is described as follows:
Lot 3,
Block 2,
VAIL VILLAGE THIRTEENTH FILING
according to the recorded plat thereof
COUNTY OF EAGLE,
STATE OF COLORADO.
Copyright 2006-2009 American Land Title Association. All rights reserved. �
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. `�'�e"��°��"
All other uses are prohlblted. Repnnted under Gcense from the American Land Title Association. ��6�����
File No.01330-22145 Page 1 of 1 STEWART TITLE �
CO STG ALTA Owner's Policy Sch A STCO GUARANTY COMPANY
ALTA OWNER'S POLICY(6/17/O6)
SCHEDULE B
File No.: 01330-22145 Policy No.: 0-9301-001840424
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or
expenses)that arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the public
records.
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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and
that may be produced from the Land, together with all rights, privileges, and immunities relating thereto,
whether or not the matters excepted under (a�, (b) or (c) are shown by the Public Records or listed in
Schedule B.
6. Water rights, claims or title to water.
7. All taxes for 2013 and subsequent years, which are a lien not yet payable.
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 and exceptions in Patents, or Acts authorizing the issuance thereof, including the reservation of the
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 August 22, 1956 in Book 157 at Page 304
and recorded May 6, 1905 in Book 48 at Page 273 and recorded May 6, 1905 in Book 48 at Page 509.
10. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a
right of way for ditches or canals constructed by the authority of the United States, as reserved in United States
Patent recorded August 22, 1956 in Book 157 at Paye 304, recorded May 6, 1905 in Book 48 at Pac,�e 273 and
recorded May 6, 1905 in Book 48 at Page 509 and recorded March 31, 1915 in Book 48 at Page 591.
11. Reservation of one-half of all oil, gas and other minerals as contained in Deed recorded May 3, 1960 in Book 165
at Page 227.
12. All matters shown on the plat of Vail Village Thirteenth Filing recorded November 10, 1972 in Book 226 at Paae
145 as Reception No. 121932.
13. Protective Covenants recorded November 10, 1972 in Book 226 at Page 146 as Reception No. 121933 and First
Amendment to the Protective Covenants recorded September 21, 1978 in Book 275 at Page 628 as Reception
No. 172037.
14. Joint Easement Agreement recorded May 9, 1980 in Book 302 at Page 659 as Reception No. 199046.
Copyright 2006-2009 American Land Title Association. All rights reserved. -
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. `""�°"°1J
All other uses are prohibited. Reprinted under license from the American Land Title Association. 4i b.�.,�'y.,
File No.01330-22145 Page 1 of 2 STEWART TITLE 1
CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY �
. '
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE B
15. All matters shown on the Improvement Survey Plat and Topographic Map by Peak Land Consultants Inc. dated
5/30/12, No. 1825.
16. Deed of Trust executed by Michael J. Carey and Wendy M. Carey, as Trustees of The 2002 Carey Family Trust
Created May 20, 2002 to the Public Trustee of Eagle County, dated May 15, 2013, in the principal amount of
$1,000,000.00, payable to Wells Fargo Bank, N.A.
Copyright 2006-2009 American Land Title Association. All rights reserved. �
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. °"`��Rj��"'
All other uses are prohibited. Reprinted under license from the American Land Title Association. k°��',xFp�p
File No.01330-22145 Page 2 of 2 STEWART TITLE �
CO STG ALTA Owner's Policy Sch B SE GUARANTY COMPANY
CO STG Endorsement 110.1 Deletion of Exception ' .
ALTA Owner
ENDORSEMENT
ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 0-9301-001840424
Issued by
STEWART TITLE GUARANTY COMPANY
File No.: 01330-22145 Charge: $50.00
Said Policy is hereby amended by deleting paragraphs 1 -4, inclusive of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the
policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor
does it increase the face amount thereof.
Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
Countersigned by:
St�w���
. �,,/� trtle guaranfy company � ,/�,,�%'�Gr'y�5�`��"
. �� , ��� .
A cizt�Countcrsig�aque A�att M+�rris
„����,����x���. Presiden#and C��
,,o;�tt�ctie sua�'�
Stewart Title-Edwards �'��'°��,�r�+�,�����
97 Main Street, Ste W-201 �_�; �'-�r ° °��
Edwards, CO 81632 �'��'�., �g�$ .=�����
A ent ID: 060058 #
9 ��;` � ` '��
mf e��'�,,,��
�'",°,""°"�:°,� Denise C fraux
Secrefary
Endorsement
Serial No. E-9851-244133095
File No.01330-22145 Page 1 of 1
STG CLTA Form 110.1 Deletion of Exception
ALTA Owner