HomeMy WebLinkAboutcoa.lu.sr.Hirsch.A4795
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 04/11/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-122-04-002 A47-95
STAFF MEMBER:
PROJECT NAME: Hirsch Special Overlay Review
project Address: 635 Sneaky Lane
Legal Address: Lot 2. SneakY Lane Subdivision
APPLICANT: Tom & Maureen Hirsch 920-2221/920-4484
Applicant Address: 635 SneakY Lane. Aspen
REPRESENTATIVE: Paul Bierman-Lvtle. The Masters Corp.
Representative Address/Phone: Box 514 (203)966-3541
New Canaan. CT 06840
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FEES: PLANNING $ 425 # APPS RECEIVED 9
ENGINEER $ # PLATS RECEIVED 2 (lq)
HOUSING $
ENV. HEALTH $
TOTAL $
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -.lL 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
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REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
other
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
DATE REFERRED: INITIALS: DUE:
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___ city Atty ___ city Engineer ___zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Overlay Zone District Sub-Committee
FROM:
Leslie Lamont, Deputy Director
RE:
Hirsch Interim Overlay Review
DATE:
April 25, 1995
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SUMMARY: This review is based on the General Guidelines found in
the Neighborhood Character Design Guidelines for design and
character. special Review is mandatory although the parcel is
24,792 square feet so compliance with the review is voluntary.
Planning staff believes that this project, with recommended
changes, complies with the General Guidelines.
APPLICANTS: Tom and Maureen Hirsch, represented by Paul Bierman-
Lytle
LOCATION: 635 Sneaky Lane, zoned R-30.
STAFF COMMENTS: Please refer to the application information for
a more complete representation of the proposal. Because the site
is not within a "core neighborhood", only the General Guidelines
foUnd in Chapter 1 of the Guidelines, will a ly to this review.
The applicants propose to add approximate . 1,930 s uare feet Of~)~~
floor area onto their existing single fam:L sidence. The'->( "l'
majority of the new floor area is a~ story wing to the west of ;:j .
the home in an attempt to balance the garage wi~on the east side ~\
of the home. The front entrance is being relocated in between th~
east and west wings facing sneaky Lane. In addition, a partial '
second floor is being added to the garage and the_qarage entrance~
is being shifted to face the street. ~j~
The additions to ~ing home will increase the total floor \)
area of the house ~ the allowable floor area of the site.
General Guidelines: The General Guidelines are meant to be broad
in nature and address design variables that are common to all
areas.
Mass and Scale -
1. BUildings should help establish a sense of human scale that is
inviting to pedestrians.
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response: Most homes along Sneaky Lane are well set back from the
street and tucked into groves of cottonwoods and aspens. The
existing home, which is setback significantly from the road,
presents a flat windowless profile. The front door is around to
the side of the garage and is not visible from the street or from
the existing driveway. The renovation will relocate the front door
to a more prominent position in between the east and west wings and
the existing parking area will be converted to a front courtyard
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pedestrlan frlendly area.
2. New buildings should appear similar in scale to those in the
established neighborhood, or to the scale that is desired for the
neighborhood; and
3. The street elevation of a building should be designed to appear
in scale with those seen traditionally.
response: The architectural style of the homes along Sneaky Lane
are varied. The homes are set back from the street and surrounded
by mature vegetation. The mass of most homes is divided within
the structure between one and two story elements and portions of
buildings are set back from each other. In a few instances the
garage is a seperate structure.
The proposed addition to the Hirsch residence will not bring the
home closer to the road and will balance the existing garage
portion of the home. The home may be viewed as three seperate
pieces, the east and west, and with a center connection. However,
the partial second floor added to the garage will eliminate the one
story element that exists and found in other homes in the
neighborhood. Fortunately, the second story is setback from the
overhang of the garage which will add some punctuation to the
facade.
other than proposing a lower roof height from the rest of the
house, the facade of the new addition on the west of the home is
rather blank and undefined. According to the submitted plans, only
one window per floor is provided.
12. Minimize the visual impact of garages.
response: Currently the garage is entered from a drive that
encompasses a significant amount of front yard space. A mix of
aspens and cottonwoods and ground cover exist between the garage
and the road. It is this type of garage door orientation that is
encouraged by the Guidelines. However, the applicants propose to
reorient the entrance of the garage door toward Sneaky Lane and
redefine the front yard to create a landscaped walkway leading to
the front door. Most of the existing vegetation will be lost to
the new drive and garage entrance. The garage is and will be the
closest portion of the home to the road.
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_"""""""<<0'" "af> reC~:~frlIDi" addition with
the recommendation that the elevation of th~west addition is
changed to provide additional elements to break of the tall, blank
~ wall. In addition, staff would recommend that the proposed
~orientation of the garage door bef~}~ered or reduced in scale to
minimize the visual impact from s~y Lan~. n "0.0
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RECOMMENDED MOTION: "I move to approve the Hirsch Special Overlay
Review with the recommendations outlined in staff I s memo dated
April 25, 1995."
ATTACHMENTS:
A. Application
B. Submitted Plans
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1\1' AD IMEl:n' 1
IlIND USE \PPLI=rON FORM
1) , Proj ect NaIre
HIRSCH RESIDEN( E
2) Project Location 635 Sneaky La::", Lot 2, Section 12 Township 10 South,
Range 85 West of the 6th P.M.
(irdicatP- street address, lot & block 11UIIlber, legal d=iption 'l.here
appropri.'. ::.e)
J)
Present Zonin3'
R-30
4) tot Size
74,797 Cross sf
20,880 Net sf
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Af::f>licant's Nane, 1\cXlress & Fhone ~J Tnm ~nli Mrtllrf"pn~H;r<::rh
635 Sneaky Lalie, Aspen, CIl 81611, '03-920-2221. 920-4484 (home)
6) Representative's Name, l\ddresS & ltume i Paul Bierman-Lytle, President
The Masters Corporation, P.O. Box "14, 289 Mill Rd., New Canaan. CT. 06840 203-966-3541
7) Type of lIpplication (please check all that apply): ~
Q:>n:litionaJ. Use
_ OJoc'epb.1al SPA
_ Final SPA
_ Q:>ncepbJa1 Historic ~.
_ Final Historic ~.
.--2L- Special Review
8040 Greenline
~ stream MaJ:gin
_ Q:>rx:ept:uzJ 1 roo
_ Final RID
_ Minor Historic D:.'V'.
_ Historic J:lelrolition
_ Mcxmtain view Plane _ SUl:division
,
_ Historic Designation
~ Q:>rdominiumization _ TextJMap lImel:rlment
_ lot SplitjI.ot Line
l\djusbDent
_ c;z.os Allot:me.nt
_ ~ Exemption
8)
Description
approximate
prq;>erty) .
of :r::x:i.l>t:in1 uses (nmber ard t.-ype of ex:istin;1 s\::l:uctureS;
sq. ft.,'n.m:ber of bodl:oans, arr:l previous approvals granted to the
Previous Stream Margin Review has been approved: current use is resirlpnti~1 (7,'170 sf)
Application is for revised clans which reduce proposed and approvprl fnntprint
We have' reduced footprint of prnp()~p.rf "'mAiling ::lrlrfjtiQn "r 720 ~f.
9) D8s=iption of ~elq;:m:mt lIWlic:ation
See attachment
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Have you attached the follC1Ji.n;j?
y """""""n=, to Att;ac:hment 2, Mini= S"l-mi",,,ion Q:>ntents
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~ RespOnSe to Attad1ment 3, spec J.C So' '''''''loon .....,~.~, .
~ ~ to 1\ttad1ment 4, 'View stan:J',rcJs for YOJt' l'PPhcnt'.wn
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SPECIAL REVIEW: Compliance with Neighborhood Character Guidelines
APPLICATION
APPLICANT:
Tom and Maureen Hi~('h
ADDRESS: .
635 Snea~ Lane. A'iPen. CO
ZONE DISTRICT:
R-30
LOT SIZE (SQUARE FEET>:
EXISTING FAR:
ALLOWABLE FAR:
PROPOSED FAR:
24.792 Gross Sq.J1,
- 20.880 Net Sq. Ft.
2.920.4 Sq. Ft.
4.853 Sq. Ft.
4.850 Sq. Ft.
EXISTING NET LEASABLE: .
PROPOSED NET LEASABLE: .
Not 'lPplicable (non-commerdaJ)
Not 'lPplicable
EXISTING % OF SITE COVERAGE:
PROPOSED % OF SITE COVERAGE:
13.9 % (2920.4/20.880)
21.2 % (4850/20.880)
EXISTING % OF OPEN SPACE:
PROPOSED % OF OPEN SPACE:
EXIST)NG MAXIMUM HEIGHT:
PROPOSED MAXIMUM HEIGHT:
Not applicable (non-commerciaJ)
Not 'lPplicable
26'-0" Principal Bldg.
30'-0" Principal Bldg.
PROPOSED % OF DEMqLmON: 0
EXISTING NUM6EROF BEDROOMS: 4
PROPOSED NUMBER OF BEDROOMS: 5
EXISTING ON-SITE PARKING SPACES: 2
,
ON-SITE PARKING SPACES REQUIRED: 2
SETBACKS: .
EXISTING:
Front: 83'
Rear: 46'
Side: 21'
Combined Front/Rear 129'.
ALLOWABLE:
Front: 25'
Rear: 25'.
Side: 10'
Combined Frt/Rr: 50'
PROPOSED:
Front: 83'
Rear: 46'
Side: 21'
Combined FrtIRr: 129'
EXlSTlNG NONCONI:ORMITlESI
ENCROACHMENTS:
. None Existin~ or Proposed
V ARIA nONS REOUESTED le1i2ible for Landmarks Only: character compatibility finding must
be made by HPCl: .
Minimum Distance Between Buildings:
Parking Spaces:
Open Space (Commercia\):
Height (Collage Infill Only):
~ite Coverage (Collage Infill Only):
FAR:
SETBACKS: Front::
Rear:'
Side:
Combined Frl/Rr::
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EXISTING CHARACTER OF SNEAKY LANE, ASPEN. COLORADO
The street is located north below the HWY 82 bridge leaving Aspen
toward Basalt, Sneaky Lane is at the furtherst west end of the West End
neighborhood. .. It is adjacent to Castle Creek and has only one entry road, off
Plant Road. By nature of its lower elevation and being off the beaten path, it
is nestled, literally, below Aspen proper, with characteristics of being very
quiet from road traffic and enjoying great privacy. ~ost homes on Sneaky
Lane have Castle Creek frontage and consequently most homes orient their
major views in this direction, which is away from incoming neighbors or
guests.
The homes (approximately 9 total) are built close to the aspen and
cottonwood stands, and therefore, are not easy to see until one is quite close to
them. The architecture is varied, but the majority use light grey wood siding
to blend with the trees; the roof lines are angled and pitched; few, if any, have
flat roofs. Most properties are heavily wooded and have generous space
between boundaries.
Windows tend to be srnaller in scale towards the street side, while use
larger glass sizes on the Creek side, thus giving a residential scale to the public
while offering grand views of nature and the Creek on the private exposures.
HIRSCH PROPOSED DEVELOPMENT OFEXISTING HOME
Our existing home is ugly, in our opinion, and does not contribute to
the beautiful architectural character of Aspen or of our street. It has very
lowcpitched roofs, so much so, that the roof must be surface-treated like a flat
roof; over the years this material has failed, and the roof leaks in many
locations. Two abandoned solar collectors sit on the roof and are unsightly.
The original garage space has since been converted to other uses, and
therefore cars must be parked outdoors which is not appealing. The views of
Castle Creek are limited and strained by the use of small windows.
The interior ceilings are tall cathedral, but dark. Consequently, the home
environment is uncomfortable and does not take advantage of the beautiful
views surrounding it.'
Our proposal is to renovate the existing home without major
demolition of the existing structure except the roof, in essence keeping the
. existing footprint in tact. In order to correct the roof leaking problems and
create a more attractive roof-line, we are designing a mQre elegant pitch to the
roof and applying roof shingles similar to those seen around Aspen. While
we are removing the solarpanels, we are improving.natural daylight
throughout by using clerestory windows wherever possible, instead of
skylights.. .
We are converting the existing garage back to a garage for cars and
building a second story above it to make the garage structure into a more
integrated look while giving us f e guest room space formerly in the first
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floor of the old garage. To accommodate our growing family, we are building.
a small addition wing to the east, which balances the garage wing to the west.
This design focuses the entrance directly in the middle. We plan to
landscape the cur~ent "front yard", which serves as car parking, with more
aspens and cottonwoods. In fact, we plan to remove no more than three
existing trees with trunk diameters of 5-6-inches. On completion, there will
be more trees than presently exist on our parcel.
We have retained The Masters Corporation, an environmental
architectural and construction firm, which specializes in environmental
homes around the country. They will be concentrating on energy-
conservation design techniques, water-conservation appliances and fixtures,
and low toxic building materials throughout. There will be little use of
formaldehyde products, no chemical pesticides, herbicides, and low-VOC
products (volatile organic compounds). During demolition, products and
interior cabinetry will be salvaged wherever possible, rather than carted to
waste disposal.
Some of the existing wood vertical siding will remain, in this effort to
salvage, while the new siding will switch to horizontal wood siding. All
window$ and doors will be wood, painted or stained, in wood or natural
colors. The upper portion of the windows and doors will have muntins or
grills, which give the home a very residential character.
. The overall intent of our project is create a magical home for our
family to live and grow in, to create a home which blends into the
neighborhood and the natural surroundings, to create a home which
embraces the creek outside our main living areas, and to create a home which
promotes. environmental design, high standards for indoor air quality, and
integration of environmentally sensitive .building materials and techniques.
We also hope to achieve this dream within ourbudget.
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Project: Building Permit
Hirsch Residence
635 Sneaky Lane
Aspen, Colorado
TO: Aspen Planning & Zoning
Kim Johnson
#4-462
FROM: Paul Bierman-Lytle
The Masters corporation
Environmental Architecture and Construction
New Canaan, Connecticut
RE: Revisions to Design Plans (Permit #4-462)
Dear Kim and P&Z:
As discussed during our last meeting, I have been retained by
Tom and Maureen Hirsch to improve the environmental conditions
which were not addressed in the original architectural plans
submitted to the Building Department. We fully recognize that a
building permit has been granted for the original design and that
the Stream Margin Review has been approved as well. However, our
new efforts to improve the design will not impact the stream Margin
Review in any way; in fact, as outlined below, we believe we have
enhanced the site significantly.
I will be sending you the revised elevations, floor plans and
site plan in the next 10 days for your review. I am hopeful that
you can expedite the process of building permit review considering
the previous approvals. As I understand it, this may be achieved
by virtue of an "Executive Exemption Letter". If you have any
questions, please call me. Thank you very much.
I. Revision Goals
1. Reduce overall footprint on the property in order to save
existing trees, sustain natural environment for aesthetics, solar
shading and access, ground-water run-off, etc., reduce building
costs, improve efficient use of existing building and conservation
of materials and demolition/waste removal.
The current revised design reduces the overall footprint by
746 sf or 4% from the original submitted plans currently permitted
for construction.
2. Add no physical changes to the design which would impact
the Stream Margin Review approval.
The revised design does not add any square footage on the
north side or stream side; and, in fact, reduces overall footprint
square footage, as noted above, by 746 sf.
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3. Reduce removal or destruction of existing trees and native
vegetation.
The revised design eliminates construction proposed in the
earlier design which threatened an existing a-inch diameter spruce;
in addition, the new design saves another 14 smaller diameter
aspens and cottonwoods which would have been removed in the earlier
design.
4. Improve daylighting design, energy efficiency, water
conservation, and indoor air quality.
The revised design omits earlier design features which would
have blocked solar access and daylighting into the home, affecting
cross ventilation, views, and energy performance. The revised
design utilizes more compact design shapes and building envelope
efficiencies which will improve energy performance. Specifications
and relocations of bathrooms and plumbing fixtures will improve
water conservation. strategic demolition specified in the new
design will help mitigate current mold and mildew problems, as well
as the introduction of non-toxic building material selections, such
as non-VOC paints, low VOC carpeting and wood finishes, HEPA
filtration, cotton insulation, to mention a few.
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SPECIAL REVIEW Committee
City of Aspen, ColoradO-
Aprill0,1995 .
. ,To Whom It May: Concern:.
. , ..
. . As owners of the.property located on 635 SIleaky Lane, in Aspen, we
are 'applying for the Special 'Revie~ regarding the renovation of our home.
oUr addrC'ss and tel~~phOl1€' is:
, 'Jom and \laurecl1 Hirsch
635Sneaky Lane
Aspen; Colorado '
3Q3-920-2221'(office)
.'303-920-4484 (home)
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We also, hereby, authorize the following representative to serve as our
agent wIlen we, are unable to be presentat meetings Or. when it is deemed
more appropriate.. Th~ Masters Corpomtion is CUrrtliltly designing and will
be contr~cting therenov~tion of our home. l
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"3. Writteil descriptio~ of the existing character of the neighborhood
. witl1in.which our property: is 'located~ .' . . "
4. Written description of how our propose~ project complies with the
. "Neighborhood Character Guidelines", induding a description of our
intended devel~pment of th~ property. ,
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5. Sitefland~cape plan, floor pla~, elevations, and ~cale model
depiCting thepro.ject: (The model will be presented during .me meetii\g).
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Tom an~:=-I-nisch .
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ISSUED BY
Commonwealth~
Land Title Insurance Company
POLICY NUMBER
128-05l802
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania
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 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 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 wiII 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, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duJy authorized officers. the Policy to become valid when countersigned by an authorized officer or agent of the
Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
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By:
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Attest:
President
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 or 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 (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter, erected on the land; (Hi) 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 the 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 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 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 any 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 the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(e) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(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.
American Land TitJe Association Owner's Policy (IO~21-87)
Face Page
Form 1141-2
Valid Only If Schedule A, B and Cover Are Attached
ORI~INAI
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SCHEDULE A-OWNER'S POLICY
CASE NUMBER
PCT-5640C2
DATE OF POLICY
01/27/93 @ 10:04 A.M.
AMOUNT OF INSURANCE
$ 1,000,000.00
POLICY NUMBER
128-057802
1. NAME OF INSURED:
TOM HIRSCH and MAUREEN HIRSCH
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
TOM HIRSCH and MAUREEN HIRSCH
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
LOT 2, SNEAKY LANE SUBDIVISION, according to the Plat thereof
recorded July 17, 1972 in Plat Book 4 at Page 259. COUNTY OF
PITKIN, STATE OF COLORADO.
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Countersigned Authorized
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925-1766
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
COVER SHEET.
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SCHEDULE B-OWNERS
CASE NUMBER
PCT-5640C2
DATE OF POLICY
01/27/93 ~ 10:04 A.M.
POLICY NUMBER
128-057802
THIS POLIcY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING,
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
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. Unpatented mining claims; reservations or exceptions. in patents or in Acts
authorizing the issuance thereof, water rights, claims or title to water.
6. Taxes for the year 1993 not yet due or payaple.
7. Right of the proprietor of a vein or lode to extract or remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted as reserved in United States patent
recorded December 3, 1892 in Book 55 at page 35.
8. Rights of way for ingress and egress, road, utility and pedestrian
purposes as evidenced in Deeds recorded May 26, 1954 in Book 172
at Page 318, recorded February 18, 1963 in Book 201 at Page 180,
and Easement 20 feet in width all being located in Sneaky Lane as
shown on the recorded plat recorded July 17, 1972 in Plat Book 4
at Page 259. .
9. Pedestrian easement 6.5 feet in width along Castle Creek and 5
feet in width along the Southerly lot line, as shown on the
recorded Plat, recorded July 17, 1972 in Plat Book 4 at page 259.
EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED.
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CONDITIONS AND STIPUL~NS
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,
(ii) the difference between the value of t,he 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
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the fun consideration paid for the land, whichever is less, or if
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:
(0 where no subsequent improvement has been made, as to any partial
loss, the Comrany shall only pay the loss pro rata in the proportion that
the amount 0 insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall 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
expended for the improvement.
The provisions of this paragraph shaH not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of lnsurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
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
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss 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.
(a) 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 froni the
land, or cures the claim of unmarketability of title, a1l 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 liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of aU appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling 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
tanto.
11. UABIUTY 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 B 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 so
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 chis policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
American Land Title Association Owner's Policy (1Q.21--87)
Cover Page
Form 1141-3
(Continued)
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage 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 this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Com~any shall be subrogated to and be entitled to all rights and
remedies which the insured claimant 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 shall
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 fuUy 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 Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other ~olicies 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 l?ursuant to the Title Insurance Arbitration Rules
of the American Arbitratlon 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 is $1.000,000 or less shan be arbitrated at the option of either the
Company or the insured. AU 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 attorneys' 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 situs 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.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with an 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, shall 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 shall be deemed not to include that provi-
sion and aU 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
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to Commonwealth Land Title Insurance
Company, Eight Penn Center, Philad.elphia, Pennsylvania I9103~2198.
Valid Only If Face Page, Schedules A and B Are Att~rhM
~
o
The Masters Corporation
Environmental Architecture and Construction
P.O. Box 514, 289 Mill Road
New Canaan, Connecticut 06840
203-966-3541 203-966.2807 FAX
TRANSMITTAL
TO:
Kim Johnson
Special Review
DATE:
4/10/95
FROM:
Paul Bierman-Lytle
VIA: FAX FED-X MAILBOX US MAIL UPS HAND-DELIVER
Number of Pages (including'this one)
Dear Kim,
Enclosed are eight (8) copks of the Special Review Application and 11 x
17 sets of the architectural drawings as requested by the application.
Maureen or Tom Hirsch will come into your office with the check for $ 425
and the remainder of the application contents: Signed letter, proof of
property ownership.
I will be bringing a scale n',odel to the meeting along with photographs.
of the neighborhood on Sneaky Lane.
I trust this completes the application in full---and I appreciate your help
in expediting this matter with me!
Tomorrow I will begin work on the Stream Margin Exemption
application and mail it to you by the end of this week.
\
-
Thank you again.
SIn",,"y, ~___._
Paul Bierman-Lytle
1
Transmittal from
Paul Bierman-Lytle
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