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Home My WebLink About2007 4417 Columbine Dr Hot Tub Legal DocumentsStqhorr'' fu-it 6- Departrnmt of Community Deubpment 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 uww.aailgou.com Re: Septernber 06,2007 Sam & Patricia Anouna 6300 Greenbriar Drive Englewood, Co 801I I CERTIF'IED MAIL-RETURN RECEIPT REQUESTED OO44I7 COLUMBINE DR VAIL SUB:WHITE RTVER ESTATES No approvals for the hot tub Vail Municipal Codes as they relate to building and zoning- It has come to our attention that the above-described property may be in violation of the Vail Town Code: Reported Violation(s) : l) A hot tub has been placed on the back deck without Desigrr Review Approval in accordance to 12-l I-3 Vail Town Code: ffit DESIGNAPPROVAL: A.Scope: No person shall commence rernoval of vegetation, site preparation, building construcfion or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town ulnless design approval has been granted as prescribed in this chapter. The addition ofplant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision' {2 u"ot- "*"* B.Violation: It shall be a violation of this chapter and the building permit for any person to commence, continue or complete work that has not received design approval as prescribed in this chapter and/or is not in conformity with the plans approved and authorized by the adminisfrator and/or the desigr review board and the building official. We are asking that you either remove the structure immediately or submit a complete Design Review application to the Community Development Office, 75 South Frontage Road West, Vail, Colorado within 5 business days of receiving this letter.Ihave enclosed the Minor Exterior Alterations Application for Design Review for your convenience. Failure to adhere to this process wiII result in fu court Ifyou find this letter to be in error and yo ved proper approval for the hot tub please provide the appropriate d ediately. 970-477-3417 or respond via ernail to shuxford@.vaileov.com, Sincerely, Susie Huxford Departrnent of Community Development srh L"rS, Bi1L", S,b)""';, qqn C,,l''',brn br:o S,bA,'o;n A))wun 3 'Jk* $v<reg^ Warren Campbell Townof Vail Community Development Departnent 1l I S. Frontage Road W. Vail, CO 81657 FILE COPT October 29, 2007 Dear Mr. Campbell, I am following up on our telephone conversation today with respect to the hot tub installed il. Ml7 A Columbine Drive in Vail, which property was purchased by Sam and Patricia Anouna on December 10, 1993. My wife owns the adjacent part of the duplex at Ml1 B Columbine Drive. We had originally inquired of the Vail Community Development Departnent whether the Anounas needed to, and had in fact received a permit to install the hot htb. We previously spoke with Susie of your offiice, but leamed today that she was no longer with Vail's Community Development Departnent. Susie had told my wife that a permit was required to install a hot tub, and after reviewing the town records, she said that there was a hot tub indicated in the original 1983 plans for the subject property which was originally sold to Mr. & Mrs. Ralph Hall' but she had no way of knowing wtrether the hot tub in the original plnns was ever installed, and if so, if it is the same hot tub that is presently there . She firther told my wife that if the original hot tub was replacd a new permit would be required which would necessitate permission from the adjacent duplex owner, we, the Levins. She later told my wife that the Anounas told their lawyer, Jim Stovall, that the present hot tub was the same one that was covered by the original plans, and that if that was the fact (and she had no information to the contary), the Town would assume that it was approved along with the original constuction plans. She did tell us that if the present hot tub was not the original..,1.983 hot tub to let her know. The hot tub was a Hotspring brand tub, and we determined that it was manufactured by Watkins Manufacturing. We contacted Watkins and were told to contact their distributor International Hot Tub, Inc., with offices in Littleton, Denver and Boulder. We then called International Hot Tub, Inc. and was referred by Jim at the Littleton location to Barbara at the local service headquarters (phone number: (303) 2967727) where she has been employed for l5 years. Barbara's records showed that the hot tub was sold to the Anounas on February 18, 1994, that it was manufactured in 1993, and that its serial number was G331108. The Anounas name and address as purchasers of this hot tub is in the Intemational Hot Tub's records, and her records also show that Intemational shipped it to H and G Shaw for installation at the Ml7 A Columbine Drive address. Based on the foregoing it is clear that the present hot tub at the zubject propcrty was not covered by the 1983 plans and that conhary to what &ey told Mr. Stovall, the Ano!-ras and not the Halls boueht it and had it installed in 1994. Further, I had told Susie that the Anounas bought the property in 1993, and Susie told me that no permit was ever issued by the Town to the Anounas for this hot tub. You indicated that an electrical permit for the hot tub would have to be issued and that the Town of Vail now requires a Design Review application approval for an exterior hot tub, but that you presently don't know (but that you would find out) whether a Design Review Application was required in 1994. I suggested that even if a Design Review Application was not required in 1994, an approval application for the hot tub should have been sought in 1994, but since it wasn't, an application now, would have to comply with the current Town regulations and a Design Review Application needs to be frled. You said that you would consult with the Town Attorney on this issue and get back to me. I thank you for your time and attention to this matter. If you need any additional information or have any questions, please feel free to contact me. Verv Trulv Yours Lawrence L. Levin 142 Dexter Street Denver, CO 80220 Phone: (303) 615-9200 Fax: (303) 615.9797 Cell Phone: (303) 475-5014 u/r/t z f uL4J ^ /,- 4.&, il;t-di") __ t;"*./" P. 1 FILE NODE * * X COI4NUNICRTION RESULT REPORT ( N0V.13,2@47 ?''49Pfl ) X JF J( TTI OPTION trDDRESS (GROUP)RESULT A43 HEI4ORY TX 99496843 '""/ \-)' \\.dl Vrxx&tfr "a\l\A'"h qW-h'Aotot P. ?/? RERSON FOR ERRORE-l ) HRNG UP OR LINE FFILE-3) NO RNSI,iER tr-2 ) Ft lqvE-Zi no-rncslt4ILE coNNECTIoN October 29,200? WanenCampbell Toumof Vail Community DweloPment DePartnent 1l I S. Frontage Road W. Vait. CO E1657 Dear Mr. Campbell, I m following up on orr telephone conrrecsetim today with respectb the hot nrb iriifdlled at{417 A Colunrbine Drive in Vail, wftich property was purctased by Sa1 and patricia Anouna on peceritur 10, 1993. My wife ou " tle ad5""ent part ofthe duplex at 4417 R ColumbineDrive. We hsd orisimtlv hqufu€d of the Vail Communityjevelonmerr! p-,e-partrnent' whethet- --trt eliihl,,;ffiti'iffi n"i it r*ti"."i'+uffiiii' iustau *, lioitu-o' w' '- -' p*ri""rf' Spoke witbSrrsie oiJ* om"", but tearnred toaay tbar she was no longer with Vail's Community Derrelopment DeparEenL susic had told my wifo that a permit was required to insall ahot {!'-enc anet reviewing the torra r€cords, shc said tratilrere was a hot trb indicdealinthe origiDal lggi pffiE"tne zutiect;toputty which was originally sol+ !o rytr:& Mn. Ralph Hall' but she had no "ray of knoiilg wneUrer tlre hot tub in Ere original glals was ever t".r"ll"4 ,"d tf rq if it is the irne hot hrb tSat is preseutly thu9, -She furthu told my wife thar if the original trot nrl was rqplaced' a new permit would be required whic;h would necessihte pemrission tom tiri adjacent A'unI"I o"Tit:. *":.ft" *11s;:1" l11T- (01,q412008) Warren Campbell -1 From: To: Date: "Michael Brownlee" <m ichael@stovallpc.com> <wcampbell@vailgov.com > 1113012007 9:37 AM Attachments: TownofVail.letter.doc Warren- The letter that I mailed on November 14 concerning the 4417 Columbine Drive was returned (our error). Attached is a copy. Please let me know if your have any difficulty opening the attachment. I apologize for any inconvenience. Michael G. Brownlee, Associate JAMES WM STOVALL, P.C. 202 Benchmark Plaza Building 48 East Beaver Creek Blvd., Suite 202 P.O. Box 5860 Avon, Colorado 81620 (970)949-4200 This message and the accompanying documents are intended only for the use of the individual or entity to which they are addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. lf the reader of this message and the accompanying documents is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. lf you have received this communication in error, please notify us immediately by telephone, and return the original message and the accompanying documents to us at the above address. Thank you JAMES WM. STOVALL, P.C. Professional Corporation Attorneys and Counselors at Law JAMES WM, STOVALL KRISTIN McKNIGHT MICHAEL G. BROWNLEE* r Only Licensed in Texas November 14.2007 202 BENCHMARK PLAZA BUILDING 48 EAST BEAVER CREEK BOULEVARD P.O. DRAWER 5860 AVON, COLORADO 81620 TELEPHONE: (97 O)9 49 4200 FACSIMILE: (97 0)949-6843 EMAIL: Jim@jstovalloc.com Warren Campbell Community Development Department 111 S. Frontage Road W. Vail, CO 81657 VIAE-MAIL Dear Mr. Campbell: As you are aware, this office represents the owners of 4417 A COLUMBINE DRIVE, Sam and Patricia Anouna. This letter should memorialize your phone conversation with Michael Brownlee from November 13, in which we discussed potential solutions to the dispute between my client and their neighbor, Laffy Levin. Specifically, Mr. Levin has discovered that there is no documentation in the Town records regarding the safety measures taken during the installation of my client's outdoor hot tub in 1993. My client assured me that the correct Town mandated procedure was followed when initially installing the hot tub. That being said, the Anouna's are its concerned about safety as their neighbor, and appreciate the opportunity to prove that the hot tub operates properly. As you suggested, my client intends to file an electrical permit application within the next 30 days. It is our hope to have the hot tub inspected by the end of the year so that we may provide you with a positive inspection report for your records. I sincerely appreciate your time and attention in this matter, and please feel free to contact me if you have any questions. Very Truly Yours, /s/ James Stovall James Wm. Stovall CC: SamAnouna