HomeMy WebLinkAboutDRB090123Design Review Boardഀ
ACTION FORMഀ
TOWN W VAഀ
CC rr OEVELOPM rഀ
Department of Community Developmentഀ
75 South Frontage Road, Vail, Colorado 81657ഀ
tel: 970.479.2139 fax: 970.479.2452ഀ
web: www.vailgov.comഀ
Project Name: DOCKSTADER RESIDENCE DRB Number: DRB090123ഀ
Project Description:ഀ
Participants:ഀ
A TWO STORY ADDITION CONNECTING THE GARAGE TO THE EAST SIDE OF THE DUPLEXഀ
USING TOV CODE 14-10-5 1B, ADDITIONSഀ
OWNER DOCKSTADER, RODGERS A. & MAR 05/19/2009ഀ
PO BOX 2889ഀ
VAILഀ
CO 81658ഀ
APPLICANT SNOWDON AND HOPKINS, ARCHITE 05/19/2009ഀ
PO BOX 3340ഀ
VAILഀ
CO 81658ഀ
License: 0000001763ഀ
Project Address: 3987 LUPINE DR VAIL Location: UNITS A& Bഀ
Legal Description: Lot: 8 Block: Subdivision: BIGHORN SUBഀ
Parcel Number: 2101-122-1901-5ഀ
Comments:ഀ
Phone: 970-476-2201ഀ
BOARD/STAFF ACTIONഀ
Motion By: Action: STAFFAPPഀ
Second By:ഀ
Vote: Date of Approval: 05/28/2009ഀ
Conditions:ഀ
Cond: 8ഀ
(PLAN): No changes to these plans may be made without the written consent of Town ofഀ
Vail staff and/or the appropriate review committee(s).ഀ
Cond: 0ഀ
(PLAN): DRB approval does not constitute a permit for building. Please consult withഀ
Town of Vail Building personnel prior to construction activities.ഀ
Cond:201ഀ
(PLAN): DRB approval shall not become valid for 20 days following the date ofഀ
approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS.ഀ
Cond:202ഀ
(PLAN): Approval of this project shall lapse and become void one (1) year followingഀ
the date of final approval, unless a building permit is issued and construction isഀ
commenced and is diligently pursued toward completion.ഀ
Cond: CON0010760ഀ
Existing chimney chases must be built to specifications required by new units.ഀ
Asbestos clearance is required.ഀ
Fire sprinkler may be required pending information on scope of project.ഀ
Upgraded/monitored alarm system is required.ഀ
Planner: Bill Gibson DRB Fee Paid: $300.00ഀ
General Information: This application is required for all proposals involving the addition of any floor area, includingഀ
net floor area and/or gross residential floor area (GRFA). This also includes proposals for `residential 250 additions' andഀ
`interior conversions'. Applicable Vail Town Code sections can be found at www.vailoov:com under Vail Information -ഀ
Town Code Online. All projects requiring design review must receive approval prior to submitting a building permit ap-ഀ
plication. An application for Design Review cannot be accepted until all required information is received by the Commu-ഀ
nity Development Department, as outlined in the submittal requirements. The project may also need to be reviewed byഀ
the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year fromഀ
the date of approval, unless a building permit is issued and construction commences.ഀ
Fee: $300 /ഀ
Single Family y Duplex Multi-Family Commercialഀ
Description of the Request l 46W4(,,4-ഀ
i ( UA.X .PAA-L, /!i.t -1._ t1r`I il,A/7 /'1~ e~--~.sV , irLi., a il'"/tl 1 An,Jf Aഀ
1ഀ
Addition of ,4f7:?? , sq ft of GRFA (Residential) or sq ft of net floor area (Commercial/ Office)ഀ
Physical Address: ~'I bl L021415~ 121?=iQr1ഀ
Parcel Number: ~ l Oil .N0 I0 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)ഀ
Property Owner: MA42Yഀ
Mailing Address: tlvylN5; Vr1J V 0 1 Mt., I d0 44N 7ഀ
Owner's Signaturഀ
V--pApi fMqtj1) JM0jVtrH 4 popptsylgഀ
Primary Contact/ Owner Representative:ഀ
Mailing Address: TO bx t~? V& ~ 1 (rte ~ ~ -ഀ
Phone:ഀ
E-Mail:'WWl , 4n0U)dM yg?jAG .t f.YftFax: &ILEഀ
For Office Use Only: Cash_ CC: Visa / MC Last 4 CC #ഀ
Fee Paid: -3W - Received From:ഀ
Meeting Date: DRB No.:ഀ
Planner: Project No: _ഀ
Zoning: Land Use: _ഀ
Location of the Proposal: Lot: Block: Subdivision:ഀ
Auth # Check #ഀ
TOWN OF VAILഀ
Application for Design Reviewഀ
Additions - Residential or Commercialഀ
ഀ
TOWN OF VAIL, COLORADO Statementഀ
ഀ
Statement Number: R090000509 Amount: $300.00 05/19/200908:50 AMഀ
Payment Method: Check Init: SABഀ
Notation: 899-SNOWDON &ഀ
HOPKINSഀ
ഀ
Permit No: DRB090123 Type: DRB - Addition of GRFAഀ
Parcel No: 2101-122-1901-5ഀ
Site Address: 3987 LUPINE DR VAILഀ
Location: UNITS A & Bഀ
Total Fees: $300.00ഀ
This Payment: $300.00 Total ALL Pmts: $300.00ഀ
Balance: $0.00ഀ
ഀ
ACCOUNT ITEM LIST:ഀ
Account Code Description Current Pmtsഀ
ഀ
DR 00100003112200 DESIGN REVIEW FEES 300.00ഀ
PLANNING CHECK SHEETഀ
• Property Informationഀ
Property Addressഀ
3987 Lupine Driveഀ
Parcel #sഀ
Legal Descriptionഀ
Parcel B, Lot 8 Bighorn Subdivisionഀ
Development Site Areaഀ
Acഀ
0.7638ഀ
S Ftഀ
33,271ഀ
Buildableഀ
n/aഀ
Zoning / SDD #ഀ
Two-Family Residential (R)ഀ
Land Use Designationഀ
Low Density Residentialഀ
Known Non-Conformitiesഀ
n/aഀ
Previous Approvalsഀ
Hazard Zonesഀ
Snow Avalancheഀ
Powder Blast Zone over most of siteഀ
Sections 12-12, 12-21, 14-6 & 14-7ഀ
Debris Flowഀ
Noഀ
Roc allഀ
High severity over whole siteഀ
Excessive Slopesഀ
(Site Disturbance 12-21-14ഀ
Noഀ
Flood lainഀ
Noഀ
Wetlands Y/Nഀ
Nഀ
oഀ
Creeks, Streamsഀ
Section 12-14-17ഀ
Gore Creekഀ
on north sideഀ
Setbackഀ
50 ftഀ
Proposedഀ
Meetsഀ
standardഀ
Sidewalks/ Trailsഀ
Noneഀ
Contact Informationഀ
Planner/ Dateഀ
BG 5/28/09ഀ
Owner Contact Infoഀ
Roger and Mary Dockstaderഀ
Primary Contact/ Ownerഀ
Representative Infoഀ
Pam Hopkins, Snowdon Hopkins, 476-2201ഀ
Project Informationഀ
Project Descriptionഀ
additionഀ
Land Use Application(s) #ഀ
DRB09-0123ഀ
Proposed Usesഀ
(As defined b Zoning)ഀ
Duplexഀ
Permitted, Conditional,ഀ
Prohibited?ഀ
Permittedഀ
Date Routed/ DRT Meetingഀ
At conceptual: comments received PW 3/26 - no issues, Fire 3/27 monitoredഀ
fire alarm required.ഀ
Gross Residential Floor Area (Chapter 15)ഀ
Total Allowedഀ
8,646ഀ
-Existingഀ
6,867ഀ
-Proposedഀ
483ഀ
Remainഀ
1,296ഀ
250 or Interior Conversion?ഀ
Noഀ
Zoning District Standardsഀ
Setbacks (perimeter)ഀ
Minimum Frontഀ
20ഀ
Proposedഀ
No changeഀ
Projections 14-104ഀ
Minimum Sideഀ
15ഀ
Proposedഀ
No changeഀ
Minimum Sideഀ
15ഀ
Proposedഀ
No changeഀ
Minimum Rearഀ
15ഀ
Proposedഀ
No changeഀ
Site Coverageഀ
Maximumഀ
6,654(20%)ഀ
Proposedഀ
4,699(14%)ഀ
Building Heightഀ
Maximumഀ
33'ഀ
Proposedഀ
No changeഀ
Landscapingഀ
Sections 14-10-8 & 14-10-9ഀ
Minimumഀ
60%ഀ
Proposedഀ
No change (Areaഀ
already walkway)ഀ
Lightingഀ
Section 14-10-7ഀ
Allowedഀ
16 fixturesഀ
Proposedഀ
13 fixturesഀ
Roof Materialഀ
Sections 12-11-3C & 14-10-5ഀ
Complies Y/Nഀ
n/aഀ
Notesഀ
Snowdon • 1 Hopkins jഀ
P.O. Box 3340 970-476-2201ഀ
Vail, Colorado 81658 FAX 476-7491ഀ
TOഀ
WE ARE SENDING YOU Attached ❑ Under separate cover viaഀ
)6copy of letter ❑ Change order ❑ഀ
❑ Shop drawings XXrints ❑ Plansഀ
❑ Samples ❑ Specificationsഀ
COPIESഀ
ATEഀ
NO.ഀ
DESCRIPTIONഀ
t:z' / L? 6sഀ
4 6 G U 6 A 1 Wഀ
-ഀ
THESE ARE TRANSMITTED as checked below:ഀ
❑As requested ❑ Returned for correctionsഀ
❑ For your use ❑ Approved as notedഀ
K for approval ❑ Approved as submittedഀ
❑ For review and comment ❑ഀ
❑ FOR BIDS DUEഀ
'n'') 1 I2,0 _ഀ
REMARKS t~ ~ w-om-, a aഀ
❑PRINTS RETURNED AFTER LOAN TO USഀ
sഀ
COPY TOഀ
❑ Return corrected printsഀ
❑Submit copies for distributionഀ
❑ Resubmit copies of approvalഀ
SIGNEDഀ
-L,r- -Ivd, klmdw -ti?, is at ,n(pഀ
DATEഀ
/ഀ
JOB NO.ഀ
ATTENTIONഀ
RE:ഀ
AUWXMഀ
the following items:ഀ
03/13/2009 13:33 FAY 3037994259 RIM OPERATING INC Lo 002/002ഀ
iഀ
7~NNOFഀ
]DINT PROPERTY OWNERഀ
WRITTEN APPROVAL LETTERഀ
This form Is applicable to all Design Review applicants that share ownership of the subject property. For exam-ഀ
ple, the subject property where construction is occurring is a duplex, condominium or multi-tenant building. Thisഀ
farm shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple-family dwell-ഀ
ing or multi-tenant building, the authority of the association shall complete this form and mail to: Communityഀ
Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.2452.ഀ
I, (print name) V4 I vi7044 if ec . a joint owner, or authority of the association, of propertyഀ
located at .5 r'6 ( wഀ
written approval of the plans datedഀ
'007ഀ
provide this letter asഀ
which have been submitted to theഀ
Town of Vail Community Development Department for the proposed Improvements to be completed at the ad-ഀ
noted anve I understand that ~ proposed i prove 7ts include: f ,e g eഀ
(Date)ഀ
Additionally, please check th~ statement below which is most applicable to you:ഀ
understand that minor mod+ations may be made to the plans over the course of the review process to en-ഀ
sure compliance with the Towns applicable codes and regulations.ഀ
-6E 'ഀ
(Initial here)ഀ
ts-rrequest that all modifications, minor or otherWse, which are made to the plans over the course of the re-ഀ
view process, be brought to my attention by the applicant for additional approval before undergoing further re-ഀ
view by own.ഀ
(Initfal here)ഀ
L A N D T I T L E G U A R A N T E E C O M P A N Yഀ
MARY B. DOCKSTADER and RODGERS A. DOCKSTADERഀ
P.O. BOX 2889ഀ
VAIL, CO 81658ഀ
Dear Customer:ഀ
Yഀ
Land Title Guarantee Company is pleased to provide you withഀ
your Owner's Title Insurance Policy. This valuable documentഀ
insures good and marketable title to your property. Pleaseഀ
review the policy in its entirety. We at Land Title Guaranteeഀ
Company believe in providing you, our customer, with a qualityഀ
product which will serve your needs.ഀ
In the event you do find any discrepancy, or if you have anyഀ
questions or comments regarding your final policy, pleaseഀ
contact the following department and we will gladly handle anyഀ
request you may have as efficiently and quickly as possible.ഀ
TITLE DEPARTMENTഀ
TELEPHONE # (303)476-2251ഀ
FAX #(303)476-4534ഀ
PLEASE REFER TO ORDER NO. V252933ഀ
Should you decide to sell the property described in Scheduleഀ
A, or if you are required to furnish a new title commitmentഀ
for mortgage purposes, you may be entitled to a credit towardഀ
future title insurance expenses. Land Title Guarantee Companyഀ
will retain a copy of the enclosed title policy, and in theഀ
event you do need future services, we will be in a position toഀ
again serve you promptly and efficiently.ഀ
Thank you very much for giving Land Title Guarantee Companyഀ
the opportunity to serve you.ഀ
Form AO 4/95ഀ
Order No. V252933ഀ
SCHEDULE Aഀ
Policy No. LTEH252933ഀ
Amount $720,000.00ഀ
Addressഀ
1. Policy Date: July 02, 1996 at 5:00 P.M.ഀ
2. Name of Insured:ഀ
MARY B. DOCKSTADER and RODGERS A. DOCKSTADERഀ
3. The estate or interest in the land described in this Scheduleഀ
and which is covered by this policy is:ഀ
A Fee Simpleഀ
4. Title to the estate or interest covered by this policy at theഀ
date hereof is vested in:ഀ
MARY B. DOCKSTADER and RODGERS A. DOCKSTADERഀ
5. The land referred to in this policy is situated in EAGLEഀ
County, Colorado, and is described as follows:ഀ
PARCEL B, A RESUBDIVISION OF LOT 8 BIGHORN SUBDIVISIONഀ
ACCORDING TO THE PLAT RECORDED JULY 24, 1984 IN BOOK 390 ATഀ
PAGE 317, COUNTY OF EAGLE, STATE OF COLORADO.ഀ
LAND TITLE GUARANTEE COMPANYഀ
Page 1 This Policy valid only if Schedule B is attached.ഀ
Form AO 4/95 Order No. V252933 Policy No. LTEH252933ഀ
SCHEDULE Bഀ
This policy does not insure against loss or damage by reason ofഀ
the following:ഀ
1. Rights or claims of parties in possession not shown by theഀ
public records.ഀ
2. Easements, or claims of easements, not shown by the publicഀ
records.ഀ
3. Discrepancies, conflicts in boundary lines, shortage in area,ഀ
encroachments, and any facts which a correct survey andഀ
inspection of the premises would disclose and which are notഀ
shown by the public records.ഀ
4. Any lien, or right to a lien, for services, labor, orഀ
material theretofore or hereafter furnished, imposed by lawഀ
and not shown by the public records.ഀ
5. 1996 TAXES NOT YET DUE OR PAYABLE AND ASSESSMENTS NOT YET CERTIFIED TO THEഀ
TREASURERS OFFICE.ഀ
6. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY.ഀ
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS OREഀ
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISESഀ
AS RESERVED IN UNITED STATES PATENT RECORDED April 28, 1900, IN BOOK 48 ATഀ
PAGE 477.ഀ
3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THEഀ
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 28, 1900,ഀ
IN BOOK 48 AT PAGE 477 AND RECORDED NOVEMBER 22, 1939 IN BOOK 123 AT PAGEഀ
625.ഀ
RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,ഀ
BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, ORഀ
NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED December 20, 1962, INഀ
BOOK 174 AT PAGE 403.ഀ
0. RESERVATION OF A 10 PERCENT NONPARTICIPATING ROYALTY IN AND TO THE PROCEEDSഀ
FROM THE SALE OF MINERALS ETC., PRODUCED AND MINED FROM SAID PREMISES ASഀ
RESERVED IN DEED FROM GUST KIAHTIPES DATED SEPTEMBER 30, 1962 IN BOOK 166ഀ
AT PAGE 407.ഀ
1. FOR ZONING PURPOSES, THE TWO LOTS CREATED BY THIS SUBDIVISION ARE TO BEഀ
TREATED AS ONE ENTITY WITH NO MORE THAN ONE TWO FAMILY RESIDENCE ALLOWED ONഀ
THE COMBINED AREA OF THE TWO LOTS. ALLOWABLE GROSS RESIDENTIAL FLOOR AREAഀ
FOR THE TWO FAMILY RESIDENCE WILL BE CALCULATED BASED ON THE COMBINED AREAഀ
OF THE TWO LOTS.ഀ
ige 2ഀ
4ഀ
Form'AO 4/95ഀ
Order No. V252933ഀ
SCHEDULE Bഀ
Policy No. LTEH252933ഀ
12. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT RECORDED July 24,ഀ
1984 IN BOOK 390 AT PAGE 318 AND AMENDMENT TO DECLARATION RECORDED NOVEMBIഀ
22, 1993 IN BOOK 625 AT PAGE 466.ഀ
13. TERMS, CONDITIONS AND PROVISIONS OF CLAIM OF EASEMENT RECORDED October 21,ഀ
1994 IN BOOK 653 AT PAGE 195.ഀ
14. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THEഀ
RECORDED PLAT OF A RESUBDIVISION OF LOT 8 BIGHORN SUBDIVISION.ഀ
15. EXISTING LEASES AND TENANCIES-ഀ
16. DEED OF TRUST DATED June 21, 1996, FROM MARY B. DOCKSTADER and RODGERSഀ
A. DOCKSTADER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COLORAD,ഀ
STATE BANK OF DENVER TO SECURE THE SUM OF $465,000.00 RECORDED July 02,ഀ
1996, IN BOOK 698 AT PAGE 771.ഀ
ige 3ഀ
Owner's Policy No.ഀ
American Land Title Association Owner's Policy 10-17-92ഀ
* * *-Ifഀ
* SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULEഀ
B AND THE CONDITIONS AND STIPULATIONS,ഀ
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called 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 theഀ
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 lien or encumbrance on the title;ഀ
3. Unmarketability of the title;ഀ
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 Conditionsഀ
and Stipulations.ഀ
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corpbrate name and seal to be hereunto affixed by its dulyഀ
authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company.ഀ
EXCLUSIONS FROM COVERAGEഀ
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expensesഀ
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 (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafterഀ
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 (iv)ഀ
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of theഀ
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in theഀ
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 orഀ
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date 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 anyഀ
taking which has occurred prior to Date of Policy which would be binding on 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 Date of Policy, but known to the insured claimant and not disclosed in writing to theഀ
Company by the insured claimant prior to the date the insured claimant became an insured under this policy,-ഀ
(c) resulting in no loss or damage to the insured claimant;ഀ
(d) attaching or creating subsequent to Date of Policy: orഀ
(e) resulting in loss 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 federalഀ
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:ഀ
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; orഀ
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer resultsഀ
from the failure:ഀ
(i) to timely record the instrument of transfer, orഀ
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.ഀ
Issued through the Office of. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANYഀ
LAND TITLE GUARANTEE COMPANY A Stock Companyഀ
108 SOUTH FRONTAGE ROAD W. 400 Second Avenue South, Minneapolis, Minnesota 55401ഀ
P.O. BOXi357 (812)371-1111ഀ
VAIL, COLORADO 81657ഀ
303/476 2251ഀ
By a Presidentഀ
Authorized Signatoryഀ
Attestഀ
DRT Form 4020 - ALTA Owner's Policy 10-17-92 Secretaryഀ
(Contwued from inside front cover)ഀ
information designated as confidential by the insured claimant provided to theഀ
Companypursuant to this Section shall not be disclosed to others unless, in theഀ
reasonable judgment of the Company, it is necessary in the administration ofഀ
the claim. Failure of the insured claimant to submit for examination under oath,ഀ
produce other reasonably requested information or grant permission to secureഀ
reasonably necessary information from third parties as required in this paragraphഀ
shall terminate any liability of the Company under this policy as to that claim.ഀ
6. Options to Pay or Otherwise Settle Claims, Termination of Liability.ഀ
In case of a claim under this policy, the Company shall have the followingഀ
additional options:ഀ
(a) To Pay or Tender Payment of the Amount of Insurance.ഀ
To pay or tender payment of the amount of insurance under thisഀ
policy, together with any costs, attorneys' fees and expenses incurred by theഀ
insured claimant, which were authorized by the Company, up to the time ofഀ
payment or tender of payment and which the Company is obligated to pay.ഀ
Upon the exercise by the Company of this option, all liability andഀ
obligations to the insured under this policy, other than to make the paymentഀ
required, shall terminate, including any liability or obligation to defend,ഀ
prosecute, or continue any litigation, and the policy shall be surrendered to theഀ
Company for cancellation.ഀ
(b) To Pay or Otherwise Settle With Parties Other Than the insured orഀ
With the Insured Claimant.ഀ
(i) to pay or otherwise settle with other parties for or in the nameഀ
of an insured claimant any claim insured against under this policy, together withഀ
any costs, attorneys' fees and expenses incurred by the insured claimant whichഀ
were authorized by the Company up to the time of payment and which theഀ
Company is obligated to pay; orഀ
(ii) to pay or otherwise settle with the insured claimant the loss orഀ
damage provided for under this policy, together with any costs, attorneys' feesഀ
and expenses incurred by the insured claimant which were authorized by theഀ
Company up to the time of payment and which the Company is obligated to pay.ഀ
Upon the exercise by the Company of either of the options provided for inഀ
paragraphs (bNi) or (ii), the Company's obligations to the insured under thisഀ
policy for the claimed loss or damage, other than the payments required to beഀ
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 orഀ
damage sustained or incurred by the insured claimant who has suffered loss orഀ
damage by reason of matters insured against by this policy and only to theഀ
extent herein described.ഀ
(a) The liability of the Company under this policy shall not exceed theഀ
least of:ഀ
(i) the Amount of Insurance stated in Schedule A; or,ഀ
(ii) the difference between the value of the insured estate orഀ
interest as insured and the value of the insured estate or interest subject to theഀ
defect, lien or encumbrance insured against by this policy.ഀ
(b) In the event the Amount of Insurance stated in Schedule A at theഀ
)ate of Policy is less than 80 percent of the value of the insured estate orഀ
nterest or the full consideration paid for the land, whichever is less, or ifഀ
;ubsequent to the Date of Policy an improvement is erected on the land whichഀ
ncreases the value of the insured estate or interest by at least 20 percent overഀ
he Amount of Insurance stated in Schedule A, then this policy is subject to theഀ
ollowing:ഀ
(i) where no subsequent improvement has been made, as to anyഀ
artial loss, the Company shall only pay the loss pro rata in the proportion thatഀ
le amount of insurance at Date of Policy bears to the total value of the insuredഀ
state or interest at Date of Policy; orഀ
(ii) where a subsequent improvement has been made, as to anyഀ
artial loss, the Company shall only pay the loss pro rata in the proportion thatഀ
20 percent of the Amount of Insurance stated in Schedule A bears to the sumഀ
the Amount of Insurance stated in Schedule A and the amount expended forഀ
e improvement.ഀ
The provisions of this paragraph shall not apply to costs, attorneys' feesഀ
and expenses for which the Company is liable under this policy, and shall onlyഀ
apply to that portion of any loss which exceeds, in the aggregate, 10 percent ofഀ
the Amount of insurance stated in Schedule A.ഀ
(c) The Company will pay only those costs, attorneys' fees and expensesഀ
incurred in accordance with Section 4 of these Conditions and Stipulations.ഀ
8, Apportionment.ഀ
If the land described in Schedule A consists of two or more parcels whichഀ
are not used as a single site, and a loss is established affecting one or more ofഀ
the parcels but not all, the loss shall be computed and settled on a pro rataഀ
basis as it the amount of insurance under this policy was divided pro rata as toഀ
the value on Date of Policy of each separate parcel to the whole, exclusive ofഀ
any improvements made subsequent to Date of Policy, unless a liability or valueഀ
has otherwise been agreed upon as to each parcel by the Company and theഀ
insured at the time of the issuance of this policy and shown by an expressഀ
statement or by an endorsement attached to this policy.ഀ
9. Limitation of Liability.ഀ
(a) If the Company establishes the title, or removes the alleged defect,ഀ
lien or encumbrance,;pr cures the lack of a right of access to or from the land, orഀ
cures the claim of unniarketability of title, all as insured, in a reasonablyഀ
diligent manner by any method, including litigation and the completion of anyഀ
appeals therefrom, it shall have fully performed its obligations with respect toഀ
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 orഀ
with the Company's consent, the Company shall have no liability for loss orഀ
damage until there has been a final determination by a court of competentഀ
jurisdiction, and disposition of all appeals therefrom, adverse to the title asഀ
insured.ഀ
(c) The Company shall not be liable for loss or damage to any insuredഀ
for liability voluntarily assumed by the insured in settling any claim or suitഀ
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 tanto.ഀ
11. LiabilityNon-cumulative.ഀ
It is expressly understood that the amount of insurance under this policyഀ
shall be reduced by any amount the Company may pay under any policy insuringഀ
a mortgage to which exception is taken in Schedule B or to which the insuredഀ
has agreed, assumed, or taken subject, or which is hereafter executed by anഀ
insured and which is a charge or lien on the estate or interest described orഀ
referred to in Schedule A, and the amount so paid shall be deemed a paymentഀ
under this policy to the insured owner.ഀ
12 Payment of Loss.ഀ
(a) No payment shall be made without producing this policy forഀ
endorsement of the payment unless the policy has been lost or destroyed, inഀ
which case proof of loss or destruction shall be furnished to the satisfaction ofഀ
the Company.ഀ
(b) When liability and the extent of loss or damage has been definitelyഀ
fixed in accordance with these Conditions and Stipulations, the loss or damageഀ
shall be payable within 30 days thereafter.ഀ
13. Subrogation Upon Payment or Settlement.ഀ
(a) The Company's Right of Subrogation.ഀ
Whenever the Company shall have settled and paid a claim under thisഀ
policy, all right of subrogation shall vest in the Company unaffected by any actഀ
of the insured claimantഀ
The Company shall be subrogated to and be entitled to all rights andഀ
remedies which the insured claimant would have had against any person orഀ
property in respect to the claim had this policy not been issued. If requested byഀ
the Company, the insured claimant shall transfer to the Company all rights andഀ
(Continued on back cover.iഀ
CONDITIONS AND STIPULATIONSഀ
1. Definition of Terms.ഀ
The following terms when used in this policy mean:ഀ
(a) "insured": the insured named in Schedule A, and, subject to anyഀ
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 asഀ
distinguished from purchase including, but not limited to, heirs, distributees,ഀ
devisees, survivors, personal representatives, next of kin, or corporate orഀ
fiduciary successors.ഀ
(b) "insured claimant": an insured claiming loss or damage.ഀ
(c) "knowledge" or "known": actual knowledge, not constructiveഀ
knowledge or notice which may be imputed to an insured by reason of theഀ
public records as defined in this policy or any other records which impartഀ
constructive notice of matters affecting the land.ഀ
(d) "land": the land described or referred to in Schedule A, andഀ
improvements affixed thereto which by law constitute real property. The termഀ
"land" does not include any property beyond the lines of the area described orഀ
referred to in Schedule A, nor any right, title, interest, estate or easement inഀ
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothingഀ
herein shall modify or limit the extent to which a right of access to and from theഀ
land is insured by this policy.ഀ
(e) "mortgage": mortgage, deed of trust, trust deed, or otherഀ
security instrument.ഀ
(f) "public records": records established under state statutes at Date ofഀ
Policy for the purpose of imparting constructive notice of matters relating to realഀ
property to purchasers for value and without knowledge. With respect toഀ
Section 1(a►(iv) of the Exclusions from Coverage, "public records" shall alsoഀ
include environmental protection liens filed in the records of the clerk of theഀ
United States District Court for the district in which the land is located.ഀ
(g) "unmarketability of the title". an alleged or apparent matterഀ
affecting the title to the land, not excluded or excepted from coverage, whichഀ
would entitle a purchaser of the estate or interest described in Schedule A to beഀ
released from the obligation to purchase by virtue of a contractual conditionഀ
requiring the delivery of marketable title.ഀ
2 Continuation of Insurance After Conveyance of Title.ഀ
The coverage of this policy shall continue in force as of Date of Policy inഀ
favor of an insured only so long as the insured retains an estate or interest inഀ
the land, or holds an indebtedness secured by a purchase money mortgageഀ
given by a purchaser from the insured, or only so long as the insured shall haveഀ
liability by reason of covenants of warranty made by the insured in any transferഀ
or conveyance of the estate or interest. This policy shall not continue in force inഀ
favor of any purchaser from the insured of either (i) an estate or interest in theഀ
land, or (ii) an indebtedness secured by a purchase money mortgage given toഀ
the insured.ഀ
3. Notice of Claim to be Given by Insured Claimantഀ
The insured shall notify the Company promptly in writing (i) in case of anyഀ
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come toഀ
an insured hereunder of any claim of title or interest which is adverse to theഀ
title to the estate or interest, as insured, and which might cause loss or damageഀ
for which the Company may be liable by virtue of this policy, or (iii) if title to theഀ
estate or interest, as insured, is rejected as unmarketable. If prompt notice shallഀ
not be given to the Company, then as to the insured all liability of the Companyഀ
shall terminate with regard to the matter or matters for which prompt notice isഀ
required; provided, however, that failure to notify the Company shall in no caseഀ
prejudice the rights of any insured under this policy unless the Company shallഀ
be prejudiced by the failure and then only to the extent of the prejudice.ഀ
4. Defense and Prosecution of Actions; Duty of Insured Claimant toഀ
Cooperate.ഀ
(a) Upon written request by the insured and subject to the optionsഀ
contained in Section 6 of these Conditions and Stipulations, the Company, at itsഀ
own cost and without unreasonable delay, shall provide for the defense of anഀ
insured in litigation in which any third party asserts a claim adverse to the titleഀ
or interest as insured, but only as to those stated causes of action alleging aഀ
defect, lien or encumbrance or other matter insured against by this policy. Theഀ
Company shall have the right to select counsel of its choice (subject to the rightഀ
of the insured to object for reasonable cause) to represent the insured as toഀ
those stated causes of action and shall not be liable for and will not pay theഀ
fees of any other counsel. The Company will not pay any fees, costs orഀ
expenses incurred by the insured in the defense of those causes of action whichഀ
allege matters not insured against by this policy.ഀ
(b) The Company shall have the right, at its own cost, to institute andഀ
prosecute any action or proceeding or to do any other act which in its opinionഀ
may be necessary or desirable to establish the title to the estate or interest, asഀ
insured, or to prevent or reduce loss or damage to the insured. The Companyഀ
may take any appropriate action under the terms of this policy, whether or not itഀ
shall be liable hereunder, and shall not thereby concede liability or waive anyഀ
provision of this policy. If the Company shall exercise its rights under thisഀ
paragraph, it shall do so diligently.ഀ
(c► Whenever the Company shall have brought an action or interposed aഀ
defense as required or permitted by the provisions of this policy, the Companyഀ
may pursue any litigation to final determination by a court of competentഀ
jurisdiction and expressly reserves the right, in its sole discretion, to appealഀ
from any adverse judgment or order.ഀ
(d) in all cases where this policy permits or requires the Company toഀ
prosecute or provide for the defense of any action or proceeding, the insuredഀ
shall secure to the Company the right to so prosecute or provide defense inഀ
the action or proceeding, and all appeals therein, and permit the Company toഀ
use, at its option, the name of the insured for this purpose. Wheneverഀ
requested by the Company, the insured, at the Company's expense, shall giveഀ
the Company all reasonable aid (i) in any action or proceeding, securingഀ
evidence, obtaining witnesses, prosecuting or defending the action orഀ
proceeding, or effecting settlement, and (ii) in any other lawful act which inഀ
the opinion of the Company may be necessary or desirable to establish theഀ
title to the estate or interest as insured. If the Company is prejudiced by theഀ
failure of the insured to furnish the required cooperation, the Company'sഀ
obligations to the insured under the policy shall terminate, including anyഀ
liability or obligation to defend, prosecute, or continue any litigation, withഀ
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 theseഀ
Conditions and Stipulations have been provided the Company, a proof of loss orഀ
damage signed and sworn to by the insured claimant shall be furnished to theഀ
Company within 90 days after the insured claimant shall ascertain the factsഀ
giving rise to the loss or damage. The proof of loss or damage shall describe theഀ
defect in, or lien or encumbrance on the title, or other matter insured against byഀ
this policy which constitutes the basis of loss or damage and shall state, to theഀ
extent possible, the basis of calculating the amount of the loss or damage. Ifഀ
the Company is prejudiced by the failure of the insured claimant to provide theഀ
required proof of loss or damage, the Company's obligations to the insuredഀ
under the policy shall terminate, including any liability or obligation to defend,ഀ
prosecute, or continue any litigation, with regard to the matter or mattersഀ
requiring such proof of loss or damage.ഀ
In addition, the insured claimant may reasonably be required to submit toഀ
examination under oath by any authorized representative of the Company andഀ
shall produce for examination, inspection and copying, at such reasonable timesഀ
and places as may be designated by any authorized representative of theഀ
Company, all records, books, ledgers, checks, correspondence and memoranda,ഀ
whether bearing a date before or after Date of Policy, which reasonably pertainഀ
to the loss or damage. Further, if requested by any authorized representative ofഀ
the Company, the insured claimant shall grant its permission, in writing, for anyഀ
authorized representative of the Company to examine, inspect and copy allഀ
records, books, ledgers, checks, correspondence and memoranda in the custodyഀ
or control of a third party, which reasonably pertain to the loss or damage. Allഀ
(Continued on inside back cover.)ഀ
Mau Auadoid io uoslad Aue 1swe6e saipawajഀ
TContinued from inside cover.)ഀ
remedies against any person or property necessary in order to perfect this right ofഀ
subrogation. The insured claimant shall permit the Company to sue, compromiseഀ
or settle in the name of the insured claimant and to use the name of the insuredഀ
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 theഀ
insured claimant, the Company shall be subrogated to these rights andഀ
remedies in the proportion which the Company's payment bears to the wholeഀ
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 beഀ
required to pay only that part of any losses insured against by this policy whichഀ
shall exceed the amount, if any, lost to the Company by reason of theഀ
impairment by the insured claimant of the Company's right of subrogation.ഀ
(b) The Company's Rights Against Non-insured Obligors.ഀ
The Company's right of subrogation against non-insured obligors shallഀ
exist and shall include, without limitation, the rights of the insured toഀ
indemnities, guaranties, other policies of insurance or bonds, notwithstandingഀ
any terms or conditions contained in those instruments which provide forഀ
subrogation rights by reason of this policy.ഀ
14. Arbitration.ഀ
Unless prohibited by applicable law, either the Company or the insuredഀ
may demand arbitration pursuant to the Title Insurance Arbitration Rules of theഀ
American Arbitration Association. Arbitrable matters may include, but are notഀ
limited to, any controversy or claim between the Company and the insuredഀ
arising out of or relating to this policy, any service of the Company in connectionഀ
with its issuance or the breach of a policy provision or other obligation. Allഀ
arbitrable matters when the Amount of Insurance is $1,000,000 or less shall beഀ
arbitrated at the option of either the Company or the insured. All arbitrableഀ
matters when the Amount of Insurance is in excess of $1,000,000 shall beഀ
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 theഀ
demand for arbitration is made or, at the option of the insured, the Rules inഀ
effect at Date of Policy shall be binding upon the parties. The award mayഀ
include attorneys' fees only if the laws of the state in which the land is locatedഀ
permit a court to award attorneys' fees to a prevailing party. Judgment upon theഀ
award rendered by the Arbitrator(s) may be entered in any court havingഀ
jurisdiction thereof,ഀ
The law of the situs of the land shall apply to an arbitration under the Titleഀ
Insurance Arbitration Rules. A copy of the Rules may be obtained from theഀ
Company upon request.ഀ
15 Liability Limited to this policy,- Policy Entire Contract.ഀ
(a) This policy together with all endorsements, if any, attached heretoഀ
by the Company is the entire policy and contract between the insured and theഀ
Company. In interpreting any provision of this policy, this policy shall beഀ
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 coveredഀ
hereby or by any action asserting such claim, shall be restricted to this policy.ഀ
(c) No amendment of or endorsement to this policy can be made exceptഀ
by a writing endorsed hereon or attached hereto signed by either the President,ഀ
a Vice President, the Secretary, an Assistant Secretary, or Validating Officer orഀ
Authorized Signatory of the Company.ഀ
16. Severability.ഀ
In the event any provision of the policy is held invalid or unenforceableഀ
under the applicable law, the policy shall be deemed not to include thatഀ
provision and all other provisions shall remain in full force and effect.ഀ
17. Notices, Where Sent.ഀ
All notices required to be given the Company and any statement in writingഀ
required to be furnished the Company shall include the number of this policyഀ
and shall be addressed to its Home Office: 400 Second Avenue South,ഀ
Minneapolis, Minnesota 55401, (612) 371-1111.ഀ
Mon, May 18, 2009 9:33 AMഀ
Subject: [SPAM] Vail Town Codeഀ
Date: Monday, April 20, 2009 2:55 PMഀ
From: Nicole Peterson < N Peterson @vailgov. corn >ഀ
To: <pam@snowdonhopkins.com>ഀ
Conversation: [SPAM] Vail Town Codeഀ
Pam,ഀ
Here's the relevant code sections we discussed:ഀ
14-10-5: BUILDING MATERIALS AND DESIGN:ഀ
F. All structures shall have class A roof assemblies or shall have class A roof coveringഀ
materials, as defined by the adopted building code. The use of concrete tile, slate,ഀ
metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may beഀ
permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto anഀ
adjacent property and shall be surfaced with a low gloss finish or be capable ofഀ
weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gaugeഀ
and designed to provide visual relief to the roof surface (including, but not limited to, aഀ
standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no lessഀ
than three hundred (300) pounds per roofing square. The use of wood shake, woodഀ
shingles and rolled roofing shall not be permitted. Two-family and multi-familyഀ
dwellings shall be required to have uniform roof covering materials, except when theഀ
design review board determines that the materials are compatible, are integral to theഀ
architectural style of the structure and different materials do not share any ridges orഀ
planes, but may share a valley.ഀ
1. Nonconforming Structures: All structures that do not have a class A roof assembly orഀ
class A roof covering material, or structures with wood shake or wood shingles shallഀ
come into compliance as follows:ഀ
a. Repair And Maintenance: Repair and maintenance of twenty five percent (25%) orഀ
more of the roof area of a single-family dwelling, a side of a two-family dwelling, or ofഀ
an entire multiple-family dwelling within a twelve (12) month period, or fifty percentഀ
(50%) or more of the total roof area in any time period shall require compliance of theഀ
entire roof of the single-family dwelling, the affected side of a two-family dwelling, orഀ
an entire multiple-family dwelling.ഀ
b. Additions: All additions affecting roof area shall trigger compliance of the roofഀ
structure of a single-family dwelling, a side of a two-family dwelling, or the entireഀ
multiple-family dwelling, except for a onetime exemption_9Luprto five hundred (500ഀ
square feet of GRFA, occurring after February 6,.,2007, where.-~-lny_0J.ition of roof _area ,ഀ
does .dot sbar_eiplane or rid.gp, with the nonconforming roof,. ~nay only share aഀ
wഀ
,¢ypl.ley. The additional roof area shall conform to roofing regulations, and shall beഀ
deemed compatible by the design review board.ഀ
Page 1 of 2ഀ
C. Two-Family Structures: Upon reroofing one side of a two-family dwelling, the otherഀ
side may be required to be reroofed if the two (2) sides have roof systems that shareഀ
ridges or planes. Different materials on each side of the two-family dwelling may beഀ
permitted by the design review board if the materials are deemed compatible, integralഀ
to the architectural style of the structure and share a valley or do not intersect.ഀ
Hope this helps. Let me know what you decide. Thanks you.ഀ
Best,ഀ
Nicoleഀ
Nicole M. Peterson, AICPഀ
Town Plannerഀ
Town of Vail, Community Developmentഀ
75 South Frontage Roadഀ
Vail, Colorado 81657ഀ
PH: 970.477.3452ഀ
FX: 970.479.2452ഀ
npeterson@vailgov.com <mailto:npeterson@vailgov.com>ഀ
Page 2 of 2ഀ
PROPOSED MATERIALSഀ
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Windowsഀ
Window Trimഀ
Doorsഀ
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Hand or Deck Railsഀ
Fluesഀ
Flashingഀ
Chimneysഀ
Trash Enclosuresഀ
Greenhousesഀ
Retaining Wallsഀ
Exterior Lightingഀ
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