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Lot 16, Country Club I Adm Mod; 464 Fairway Drive - Subm 03-07-18 - UPDATED 03-23-18.pdf Administrative Modification request 03-21-18 Lot 16, CCI, 464 Fairway Drive SMV, Co. 81615 Description of proposed variance: I am acting on behalf of the owner, CDM Properties, to request an envelope Administrative modification for the property, located at 464 Fairway Road, SMV, Co. 81615. We would like to move the envelope 10’-0” to the West. The North and South setbacks would remain as is. The current setbacks are: (N) 6’-0”, (S) 14’-0”, (E) 7’-2 7/8”, and (W) 35’-0”. We would propose to modify the setbacks to: (N) 6’-0”, (S) 14’-0”, (E) 17’-2 7/8”, and (W) 25’-0”. The site plan shows how the lot slopes quickly away at the rear of the lot. Lot 16 is pretty tight, (40 x 60 envelope), the shift will allow us to stay under the height limit by pushing back from where the lot slopes quickly away, and give us relief from the tight dimension of 7’-2 7/8” from envelope and lot line. The code allows ‘on grade’ (less than 30” high from finish grade) structures, in our case a landscape stair down to the lower level, to be outside of the envelope – but stipulates that it can be half the distance from envelope to lot line, or no closer than 10’-0” to lot line. With our existing dimension of 7’-2 7/8” – the stairways are very tight to fit within this dimension. If we move the envelope 10 feet to the West, it gives us 8’-7” – which is much easier to work with. (See A2.1 for reference). 1. Are there any unforeseen circumstances which warrant a modification? Our lot is small, 40'- 60' envelope size, and the land drops off pretty quickly @ at rear of lot. Our design is not tall comparatively, but we are a bit above the height limit, if we keep a straight ridge. Moving the envelope 10’-0” towards Fairway would alleviate the site slope / roof height issues, and allow us to construct a landscape stair down to the lower level. Landscape stairway as in stone slabs set into the earth, not taller than 30” above finished grade. As you drive through the neighborhood, the other houses feel as if they have more space off of Fairway road than 464. 2. Are there any substantial impacts on the surrounding properties No negative impacts to the neighborhood. Most of the houses feel like they are more like 25'-0" off of the road – I think requiring the 35’ setback would feel odd. Some garages with side load garages are even closer than 25'. 3. For an adjustment to a building envelope does the modification allow for: a) Better conformance to the standards of the development code? The Admin. Mod. would allow us the space for the landscape stair to fit in ‘the ½ distance between envelope and lot line’ rule, and alleviate the height limit issue. It as well would require less pavement for the driveway, less excavation for the rear foundation, less concrete for the rear foundation, and better reflect the subdivision’s average streetside dimensions. b) Less vegetation to be removed from site? The site is currently pretty bare. There are some trees along the back of the lot that would need to be removed with the envelope where it currently is. If the envelope can be moved, we should be able to save the healthy specimens. c) Better access to the site? The site has very good access, but the move would bring the house closer to road – which is better. Less pavement would be needed, and less snow to remove. Please get back to me with any questions. Thanks - Kurt Carruth, architect hingeARCHITECTS, Ltd. 812 Grand Avenue, Suite 201 Glenwood Springs, CO. 81601 p.970.309.4432 e.kurt@hinge-architects.com web: www.hinge-architects.com C O M M I T M E N T f o r T I T L E I N S U R A N C E issued by as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference:Commitment Number: 0705377-C2 Commitment Ordered By: Erik Cavarra Engel & Volkers 0239 Snowmass Club Circle Snowmass Village, CO 81615 Phone: 970-923-0817 Fax: 970-922-6944 email: Erik.Cavarra@EngelVolkers.com Inquiries should be directed to: Susan Hass Title Company of the Rockies 132 W. Main Street, Suite B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: shass@titlecorockies.com Reference Property Address: 464 Fairway Drive, Snowmass Village, CO 81615 SCHEDULE A 1.Effective Date: February 05, 2018, 7:00 am Issue Date: November 07, 2017 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:A Buyer to be Determined 3.The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: CDM Properties, LLC, a Colorado limited liability company 4.The Land referred to in this Commitment is located in the County of Pitkin, State of Colorado, and is described as follows: Lot 16, COUNTRY CLUB UNIT ONE, according to the Plat thereof filed September 17, 1970, in Plat Book 4 at Page 126. Alta Commitment - 2006 Schedule A Commitment No. 0705377-C2 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: Release by the Public Trustee of Pitkin County of the Deed of Trust from CDM Properties, LLC for1. the use of Johnson Dynasty Trust, to secure $500,000.00, dated April 3, 2007, and recorded April 4, 2007, at Reception No. 536207. Deed from CDM Properties, LLC, a Colorado limited liability company to A Buyer to be Determined.2. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments3. levied by the Homeowners Association have been paid through the date of closing. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate4. transfer tax" imposed by Ordinance No. 5, (Series of 1986), of the Town of Snowmass Village, Colorado, recorded July 30, 1986, in Book 515 at Page 515, has been paid, and that the lien imposed by Section 11 thereof has been fully satisfied, or (b) that a Certificate of Exemption has been issued pursuant to Section 6 thereof. Resolution or Statement of Authority by CDM Properties, LLC, a Colorado limited liability company,5. authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES Alta Commitment - 2006 Schedule B-I Requirements Commitment No. 0705377-C2 Schedule B-I Requirements (continued) UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-I Requirements (continued) Commitment No. 0705377-C2 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, rights, interests, or claims which are not shown by the Public Records but which could be1. ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that3. would be disclosed by an accurate and complete land survey of the Land. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed4. by law and not shown by the Public Records. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the5. Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority6. that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded may 20, 1920, in Book 55 at Page 557. Restrictions, which do contain a forfeiture or reverter clause, as contained in instrument recorded8. December 30, 1966, in Book 225 at Page 6, as amended by instrument recorded May 26, 1967, in Book 227 at Page 124; June 19, 1970, in Book 249 at Page 58 and September 17, 1970, in Book 250 at Page 744. Easements, rights of way and all other matters as shown on the Plat of Country Club Unit One filed9. September 17, 1970, in Plat Book 4 at Page 126. Set-back restrictions as shown on Map of set-backs recorded September 17, 1970, in Plat Book 4 at10. Page 128. All oil, gas and other mineral rights, as reserved in the Deed recorded December 2, 1970, in Book11. 252 at Page 152, and any and all assignments thereof or interests therein. Easement and right of way to construct, operate, replace and remove such telephone and telegraph12. communications systems, as granted by Snowmass Corporation to The Mountain States Telephone and Telegraph Company by instrument recorded April 25, 1978, in Book 346 at Page 745. Alta Commitment - 2006 Schedule B-II Exceptions Commitment No. 0705377-C2 Schedule B-II Exceptions (continued) Alta Commitment - 2006 Schedule B-II Exceptions (continued) DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as “earnest money ” for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity’s written notice delivered to the parties, title entity shall return the funds to the depositing party.” Disclosure Statements Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottommargin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of thissection. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due orother equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructedthe company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those fundshave been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, hasbeen severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in theoil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without thesurface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements ofsaid section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shallbe obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districtsmay be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy ofInsurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date ofthis commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If theproperty being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involvedisclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject torevision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the titlecommitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fullysatisfied. DRAWING ISSUE PROGRESS 10-06-17PRICING 10-16-17UPDATES 12-22-17DRC 01-18-18DRC Updates 02-26-18Structural updates 03-08-18Admin Mod. update 03-22-18 46 4 Fa i r w a y Ro a d Re s i d e n c e Sn o w m a s s Vi l l a g e , CO . 81 6 1 5 Project designed and drawn to adhere to the 2015 IRC. 81 2 gr a n d av e n u e , su i t e 20 1 gw s , co l o r a d o 81 6 0 1 p . 97 0 .30 9 .44 3 2 e . ku r t @ hi n g e -ar c h i t e c t s .co m ww w .hi n g e -ar c h i t e c t s .co m 7'-27/8" N85°24'00"E 117.23' S85°24'00"W 117.23' N 0 4 ° 3 6 ' 0 0 " W 6 0 . 0 0 ' S 0 4 ° 3 6 ' 0 0 " E 6 0 . 0 0 ' 35' setback bk. 4 p 128 1 5 . o ' r . o . w . F a i r w a y D r i v e 60.0'X 40' envelope 60.0' envelope LOT 15 LOT 17 3 0 . 0 ' F A I R W A Y D R DR I V E W A Y RO A D R .O .W . PE R PL A T BO O K 4 , PA G E 12 6 E D G E O F R O A D 60 ' X 40 .0 ' en v e l o p e P R I V A T E R O A D W A Y F O R D R I V E W A Y A N D A C C E S S E A S E M E N T LOT 16 7034 SQ FT DR I V E W A Y E D G E O F R O A D 6 ' se t b a c k bk . 4 p 12 8 UN D E R G R O U N D PO W E R UN D E R G R O U N D PH O N E GAS STUB WATER VALVE EM WATER LINE REBAR REBAR REBAR 8" SPRUCE 8" SPRUCE 8" SPRUCE 8" SPRUCE 8" SPRUCE 8" SPRUCE 6" SPRUCE 6" SPRUCE 6" SPRUCE 6" SPRUCE 6" ASPEN 6" ASPEN 6" ASPEN 8" ASPEN 10" COTTONWOOD 7 9 6 0 7 9 6 1 7 9 6 2 7 9 6 3 79 6 4 7 9 6 5 796 5 796 6 7 9 6 6 79 6 7 79 6 7 7968 7 9 6 8 7969 7970 Existing Existing Existing Existing Existing Existing Existing Existing Existing Existing Existing Existing Existing Existing LOT 16 7034 SQ FT 25' proposed setback 10' adjustment Existing envelope Proposed envelope Existing Lot line SITE PLAN 1" = 5'-0"