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HomeMy WebLinkAboutPEC140028 Project Name:PEC Variance PEC Number: PEC140028 Project Description: Site Coverage Variance Application to allow for the sale of Type I EHU Participants: OWNER 4166 COLUMBINE DR LLC 08/08/2014 8181 E TUFTS AVE STE 600 DENVER, CO 80237 APPLICANT PIERCE ARCHITECTS 08/08/2014 1650 FALLRIDGE ROAD SUITE C-1 VAIL CO 81657 License: C000003130 ARCHITECT PIERCE ARCHITECTS 08/08/2014 1650 FALLRIDGE ROAD SUITE C-1 VAIL CO 81657 License: C000003130 Project Address:4166 COLUMBINE DR VAIL Location: Legal Description:Lot: 18 Block: Subdivision: BIGHORN SUB Parcel Number:2101-122-1501-2 Comments:See Conditions BOARD/STAFF ACTION Motion By:Rediker Action: APPROVED Second By:Hopkins Vote:3-2-0 Date of Approval: 09/08/2014 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0013893 The applicant shall submit an application to comply with Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, within two years of this variance approval in accordance with Section 12-17-7, Permit Approval and Effect, Vail Town Code. Planner:Joe Batcheller PEC Fee Paid: $500.00 Department of Community Development 0 75 South Frontage Road TOWN OF VAIL' Vail, CO 81657 Tel: 970479 -2128 www.vaiigov.com Development Review Coordinator Variance Request Application for Review by the Planning and Environmental Commission General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and 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: S/? �, l n,4�f . „ TG2 A L L © IIJ Physical Address: 4164, C�'L• -�-! l�li �l� ,1.� �� . Parcel Number: =%% °x /22 ` �� "G5/ G, (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: -:I "'X3 /r4i=— � 44-G Mailing Address: Owner's Signature: Primary Contact/ Owner Representative: Mailing Address: ME-, 11001 L.%E_,�lt✓,�" -, :.. = Phone: 2Z Phone: 4- E -Mail: 11 `k ° kz– k, Gn /lVl Fax: For Office Use Only: Cash_ CC• visa / MC Last 4 CC # Exp. Date: euth # Check # _ Fee Paid: �� " Received —From J,QA Y� Meeting Date: 69 PEC No.: Planner: Project No: Zoning: Land Use: Location of the Proposal: Lot:_ Block: Subdivision:U %Sw� Nov 2013 Land Title Guarantee Company Date: November 04, 2004 4166 COLUMBINE DRIVE, LLC, A COLORADO LIMITED LIABILITY COMPANY C/O MINOR & BROWN, PC 650 S. CHERRY ST. -SUITE 1100 DENVER, CO 80246 Enclosed please find the title insurance policy for your property located at 4166 COLUMBINE DRIVE VAIL CO 81657 The following endorsements are included in this policy: Deletion of Exceptions 1 -3 Deletion of General Exception 4 Please review this policy in its entirety. In the event that you fund any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-476-2251 Fax: Please refer to our Order No. V50006948 Should you decide to sell the property described in this policy, or if you are required to purchase a new title couunitment for mortgage purposes, you may be entitled to a credit toward future title insurance pretuiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you Sincerely, Land Title Guarantee Company Antericon Ladd Title Association OWNER'S POLICY (10- 17 -92) CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein caged the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or ran or encumbrance on the title; 3. Unmarketabdity of the tide; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the Policy to become valid when countersigned by an authorized signatory. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees at expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to Ill the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or fevt environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, ken or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Cale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding an the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Data of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (cl resulting in no loss or damage to the insured clamant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in lass or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by this policy being deemed preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 108 S. FRONTAGE RD. W. #203 VAIL, CO 81657 970476.2251 Authorized Signature AO-CHI 1Form 8256) Cover Page 1 of 3 CHICAGO TITLE INSURANCE COMPANY ���trrsurZgNC l� :4�RPOttt ON O `. SEAL ��' T w CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean: la) " insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate at fiduciary successors. Ib) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alloys, lanes, ways or waterways, but nothing herein shell modify of kmft the extent to which a right of access to and from the land is insured by this policy. Is) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. If) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)fiv) of the Exclusions from Coverage, "public records" shag also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. Ill) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virture of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title. The following coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force le favor of any purchaser from the insured of either Ili) an estate or interest in the land, or rN an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shag notify the Company promptly in writing Win case of any litigation as set forth in Section 4(a) below, lii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of of this policy, or Giil if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters far which prompt notice is required; provided, however, that failure to notify the Company shag in no case prejudice the rights of any insured under this policy unless the Company shag be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shag provide for the the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defence of those causes of action which allege matters not insured against by this policy. M The Company shall have the right, at hs own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not h shall be liable hereunder, and shag not thereby concede liability of waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. AO.CHI.2 Cover Page 7 of 3 (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. Id) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid b) in any action at proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and Iii) in any other lawful act which in the opinion of the Company may be necessary or desireable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability at obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shag state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shag terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shag produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. further, if requested by any authorized representative of the Company, the insured claimant shag grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspandense and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. failure of the insured claimant to submit forexamination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options to Pay or Otherwise Settle Clams; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attomeys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the tkne of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (I) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attomeys' fees and expenses incurred by the insured clamant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or fri) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the tbne of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)li) or (51 the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 7. Determination, Extent of Liability and Coinsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (iii the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Data of Policy is less than 80 percent of the value of the insured estate or interest or the fug consideration paid for the land, whichever is less, or it subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this policy is subject to the following: 01 where no subsequent improvement has been made, as to any partial loss, the Company shag only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (41 where a subsequent improvement has been made, as to any partial lass, the Company shag only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expanded for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shag only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance staled in Schedule A. (cl The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Apportionment. N the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the less shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. la) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation including litigation by the Company or with the Company's consent, the Company shall have no liabifty for loss or damage until there has been a final determination by a court of Competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured, (c) The Company shag not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settfurg any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tania. 1 i. Liabigt Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule 8 or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount to paid shall be deemed a payment under this policy to the insured owner. 12. Payment of loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of less or destruction shag be furnished to the satisfaction of the Company. W When liability and the extent of loss or damage has been definitely fired in accordance with these Conditions and Stipulations, the loss or damage shag be payable within 30 days thereafter. AD.CHI 3 Cover Page 3 of 3 13. Subrogation Upon Payment of Settlement (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured clamant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shag permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, That act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Riahts Against Non-insured Obligors The Company's right of subrogation against non - insured obligors shall exist and shag include, without limitation, the rights of the insured to indemnities, guaranties. other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance of $1,000,000 or less shag be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorney's fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the silus of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 16. Liability Limited to this Policy; Policy Entire Contract In) This policy togetber with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shad be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shag be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. AM notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the issuing office or to: Chicago Title Insurance Company Claims Department 171 North Clark Street Chicago, Illinois 60601 -3284 Our Order No. V50006948 LEGAL DESCRIPTION LOT 18, BIGHORN SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. AND A PORTION OF THE RIGHT OF WAY OF COLUMBINE DRIVE ADJACENT TO LOT 18, BIGHORN SUBDIVISION, A SUBDIVISION RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 18, THENCE ALONG THE EXTENSION TO THE NORTH OF THE EAST LINE OF SAID LOT 18, NORTH 37 DEGREES 39 MINUTES 30 SECONDS EAST 34.04 FEET; THENCE 44.54 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 108.18 FEET, A CENTRAL ANGLE OF 23 DEGREES 35 MINUTES 30 SECONDS, A CHORD WHICH BEARS NORTH 64 DEGREES 08 MINUTES 15 SECONDS WEST 44.23 FEET TO THE NORTHERLY LINE OF SAID LOT 18, THENCE ALONG SAID NORTHERLY LINE 52.36 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 60 DEGREES 00 MINUTES 00 SECONDS, AND A CHORD WHICH BEARS SOUTH 22 DEGREES 20 MINUTES 10 SECONDS EAST 50.00 FEET, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. Fortin AO /CHI Chicago Policy No. 72106- 1146323 Our Order No. V50006948 Schedule B LTG Policy No. CTAI50006948 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: 1. Rights or claims of parties in possession itot shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 2004 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 6. EXISTING LEASES AND TENANCIES, IF ANY. 7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1939, IN BOOK 123 AT PAGE 625. 8. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AMENDED IN INSTRUMENT RECORDED APRIL 3, 1963 IN BOOK 175 AT PAGE 33 AND AMENDED IN INSTRUMENT RECORDED MAY 3, 1963 IN BOOK 175 AT PAGE 81. TEN PERCENT NON - PARTICIPATING ROYALTY IN AND TO PROCEEDS DERIVED FROM THE SALE OF ANY MINERALS OF WHATSOEVER KIND AND NATURE, PRODUCED AND MINED FROM THE SAID PREMISES AS RESERVED TO GUST KIAHTIPES AND EVA J. KIAHTIPES BY INSTRUMENT RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF BIGHORN SUBDIVISION RECORDED DECEMBER 3, 1962 RECEPTION NO. 96766. Form AO/CHI Chicago Policy No. 72106 - 1146323 Our Order No. V50006948 Schedule B 11. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF COLUMBINE DRIVE RECORDED AUGUST 19, 1988 IN BOOK 489 AT PAGE 649. 12. TERMS, CONDITIONS AND PROVISIONS OF TYPE I EMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT RECORDED AUGUST I5, 2002 AT RECEPTION NO. 804547. 13. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION RECORDED AUGUST 15, 2002 AT RECEPTION NO. 804549. ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF 4166 COLUMBINE DRIVE, LLC, A COLORADO LIMITED LIABILITY COMPANY. t 13 1 August 5, 2014 NARRATIVE ZONING VARIANCE REQUEST 4166 COLUMBINE DRIVE LOT 18, BIGHORN SUBDIVISION PIERCE ARCHITECTS VAIL, COLORADO The Applicant, David Duke, is requesting a variance from 12 -6C -9, Site Coverage, Vail Town Code. The property is zoned Two - Family Residential District. The requested variance will allow the Applicant to exchange the Type I EHU pursuant to Section 12 -13- 5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Without the requested site coverage variance the property will not comply with Section 12- 13- 51)(1)(c), the Employee Housing Unit Deed Restriction Exchange Program (Ord. 10, 2011). Bighorn Subdivision was established before the property was annexed into the Town of Vail. The Lot is legally non - conforming at 12,980 square feet. The property contained three units at the time of incorporation and currently contains a single family dwelling and a Type I EHU. The allowed site coverage is 2596 sq.ft. The actual site coverage is 3138. Allowed GRFA is 5960 sq.ft. Existing GRFA is 5384. No expansion of the property is anticipated at this time. The proximity of Gore Creek, and associated 50 foot stream setback, and limited site area has created challenges to making improvements to the property. A Variance was granted in 2002 by the Planning and Environmental Commission for setback encroachments. The property 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed variance is consistent with other uses in the vicinity. 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 the rg ant of special privilege. The Applicant seeks relief from the zoning regulation that prevents the Applicant from enjoying the privileges allowed to other property owners in the same Zone District to participate in the Employee Housing Unit Deed Restriction Exchange Program due to non conformance with site coverage which is required by Section 12 -13 -51) (1)(c). i- t�R�Ei�.v�tilttr�rl ilc= iasi;i;tt1 �il1 r,rr€ I t ;_ 1r4ittect PIERCE ARCHITECTS VAIL, COLORADO By participating in the Employee Housing Unit Deed Restriction Exchange Program the property becomes non - conforming although no changes are proposed to the property. 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. There is no negative effect on these matters with the proposed variance. The granting of the variance will positively affect the goals of the Town by allowing the Applicant to provide twice the floor area for Employee Housing as exists on his site at the moment and serves in the best interests of the community as a whole. The Applicant has proposed to provide a fee in lieu payment to the Town in conformance with Section 12 -13 -5 (D) (5).