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Home My WebLink About Letters/General InformationDr. & Mrs. Elliot Davidoff The Farm at Fox Run, Ltd. 2170 Hayes Road Granville, Ohio 43023 -9168 July 17, 2009 George Ruther, AICP Community Development Director Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Mr. Ruther: I recently received a letter from Ron Byrne inviting me to meet with him at lunch and have him explain his plans for expansion of the Mountain View Residences. I own a condominium unit in The Tyrolean building to the west of his project. When I spent the month of July, 2008 in Vail, I walked by the construction site with my dog several times each day. I was appalled by what I saw. Herb Tobin, President of the Tyrolean Condominium Association, asked me to send you a copy of my letter to Mr. Byrne. It is hard for me to understand how the "underground" parking structure was allowed to be built way above grade when none of the architectural renderings approved by the Town of Vail indicated this was the intention. It is also hard for me to understand why this was all done quietly, with no notification to the owners of The Tyrolean units. While my unit in the Tyrolean faces west, I am not directly impacted, but certainly the owners with units facing east have been irreparably damaged both financially and with regard to the loss of enjoyment of their mountain views. I hope you will give serious consideration to the damage already done and choose not to allow further expansion of this site. Yours sincerely, Marjorie avidoff, owner, Tyrolean Unit # 5 Enclosure as stated r' Dr. & Mrs. Elliot Davidoff The Farm at Fox Run, Ltd. 2170 Hayes Road Granville, Ohio 43023 -9168 July 16, 2009 Ron Byrne & Associates Real Estate Attn: Ron Byrne 285 Bridge Street Vail, CO 81657 Dear Mr. Byrne: COVY I received your letter dated June 23, 2009. While we are planning to be in Vail next week, I certainly do not feel there would be any benefit to either one of us to have a meeting. Last July I spent most of the month at our Tyrolean condo and walked my Bearded Collie several times a day past your construction site. Quite honestly, I was completely baffled by the fact that the architect's renderings of the project bore no resemblance to what was being constructed on the site. I was appalled to find what you call an "underground" parking structure being built well above grade and certainly not as depicted in the drawings. When we enclosed our deck in 2007 we were turned down by the Town of Vail on the first presentation to the Design Review Board even though the precedent existed of three other units in our building doing essentially the same construction a year or so earlier. We had to engage the services of an attorney just to get this approved. Had we deviated from the design presented to the Board, I have no doubt that we would have been required to tear it down and start over. There seems to be a double standard used by the Town of Vail in who they will allow to deviate from the approved plans, and your "underground" parking structure just proves that point. At no point was the Tyrolean Condominium Association given notice that owners might be severely impacted by this change in your plans. As it stands now, your project has little curb appeal because of that structure and you have drastically reduced the values of the Tyrolean units whose owners now look onto a concrete wall rather than the mountain views they previously enjoyed. Now you state you are planning more units in Phase 11 which will, if -2- approved, be located on the north part of your site where the parking structure was built. I even wonder how much the owners of Vail Mountain View Residences Phase 1 units facing the north will appreciate your plans. So there you have my thoughts on your project and plans for expansion. That you ever got to this point in your project represents to me everything that is wrong about the Design Review Board and the Town of Vail. Sincerely yours, Marjorie Davidoff, owner Tyrolean Unit #5 xc: George Ruther, AICP, Community Development Director, Town of Vail TYROLEAN CONDOMINIUM ASSOCIATION 400 East Meadow Drive Vail, CO 81657 May 11, 2009 George Ruther, Director of Community Development c/o Town of Vail 75 S. Frontage Road West Vail, CO 81657 Re: Missing Survey Monuments related to Vail Mountain View Development Dear George: It has recently come to the attention of the Tyrolean Condominium Association that several survey monuments that were previously "found" and physically located by our surveyor Archibeque Land Consulting Ltd., as depicted on a survey prepared by Archibeque dated 10 -30- 07, are now unable to be physically located. Enclosed herewith is a portion of Archibeque's 10- 30-07 survey identifying the now missing survey monuments. Given the tremendous amount of site work that was undertaken on the adjacent property during the development of Mountain View between October 30, 2007 (the date of the survey) until its completion, I think that it is reasonable for the Tyrolean Association to assume that the missing survey monuments are very likely the result of this extensive earthwork done next door at Mountain View. Accordingly, the Tyrolean Association requests that the Town of Vail compel the developer of Mountain View to locate the missing survey monuments, which Tyrolean Association needs in order to complete an amendment to Tyrolean's Condominium Map (including the associated Town of Vail application). This work can be coordinated with and completed by Archibeque, which has already compiled the survey data but would need to locate and re -set these monuments in the field. Thank you in advance for your attention and assistance with this matter. Please do not hesitate to contact me if you have any questions. Sincerely, TYROLEAN CONDOMINIU SOCIATION By: Herbert A. Tobin Its: President Enclosure — Portion of 10 -30 -07 Survey 2492585_1 .DOC INTERSTATE 70 2.1 FOUND SURVEY MONUME 1.25' RED PLASTIC CAP 05 REBAR LS 'UNREADABLE' ry �`• ,� w FOUND SURVEY MONUMENT: 2d p �>7 RED PLASTIC CAP ON REBAR LS 'UNREADABLE' TRACT A VAIL VILLAGE FIFTH FILING rAlfflow, T mllmm y _ �11 S79- 46' SET SURVEY MONUMENT. ?5 10 EASEMENT 1.5' ALUMINUM CAP ON RECJW5508 05 REBAR LS 37902f WC 1¢0' .� 00. Q tCE'� ARIONG 7- �► OUND SURVEY MONUMENT. FOUND SURVEY SET SURVEY MONUMENT-. 1.5' ALUMINUM CAP ON T O REBAR LS 37902 4 W r' LIMITS OF 1.5' ALUMINUM CAP ON PS REBAR STAMPED LS 30115 5WC FOR THE 5' WITNESS CORNER 1.5' ALLAM N CAP 05 REBAR LS 15527 — C ) S �9. • 4g p0 2 HOLY CROSS ELECTRIC E ��•�' EAS EMENT (EC#2 �� -W i 15.2 m 17, 7 M o> M SI PA 0.3682 ACRES 710 r* ,CT B E FIFTH FILING PA 3 STORY W 2 ., WOOD FRAME e STRUCTURE S TRACT D g N'100 10.• UNDERGROUND o o VAIL VILLAGE FIFTH PARKING ., 2.1 FOUND SURVEY MONUME 1.25' RED PLASTIC CAP 05 REBAR LS 'UNREADABLE' ry �`• ,� w FOUND SURVEY MONUMENT: 2d p �>7 RED PLASTIC CAP ON REBAR LS 'UNREADABLE' TRACT A VAIL VILLAGE FIFTH FILING rAlfflow, T mllmm BYR N E &ASSOCIATES REAL ESTATE 285 BRIDGE STREET VAIL, COLORADO 81657 970/476-1987 www.ronbyrne.com June 11, 2009 Mr. Herbert Tobin Tyrolean Condominium Association 400 East Meadow Drive Vail, CO 81657 Dear Herb: It's been a while since we last spoke, but I wanted to take the time and drop you a note. I was made aware that possibly our project at the Vail Mountain View Residences removed one of the survey monuments on the southwest corner of our combined properties. I will go forward and have Peak Surveying relocate that monument so that it will be present for you. I also wanted to let you know that we are continuing to work on the landscaping making sure that it makes the best impression for the Tyrolean owners. At your convenience I would like to meet with you and show you our thoughts and plans of what we are thinking of for the development of the next phase of that site. If your schedule allows you to come to Vail please let me know and I'd be happy to sit down with you and show you the plans and discuss any and all possibilities. I look forward to meeting with you. armest per egards, y Ronald J Sherman & Howard L.L.C. Timothy N. Devlin Direct Dial Number: (970) 790 -1605 E -mail: tdevlin @shermanhoward.com Sent Certified Mail Mr. Ronald J. Byrne c/o Ron Byrne & Associates Real Estate 285 Bridge Street Vail, CO 81657 ATTORNEYS & COUNSELORS AT LAW 1000 SOUTH FRONTAGE ROAD WEST, SUITE 200 VAIL, COLORADO 81657 TELEPHONE: (970) 476 -7646 FAX: (970) 476 -71 18 OFFICES IN: DENVER - COLORADO SPRINGS - STEAMBOAT SPRINGS PHOENIX - RENO - LAS VEGAS - ST. LOUIS June 30, 2009 Re: Dear Mr. Byrne: This law firm represents the Tyrolean Condominium Association (the "Association "). I am writing on behalf of Herbert Tobin as President of the Association and in response to your letter of June 11, 2009, to Mr. Tobin regarding, among other things, potential additional development of the Mountain View site located directly to the east of the Tyrolean Condominiums. The Association remains deeply disappointed with the results of your redevelopment of the Mountain View site. In particular, the parking structure that was constructed on the northern portion of the site now completely blocks the wonderful views that many Tyrolean homeowners used to have of the Gore Range and Vail Mountain, and has damaged the Association's members immeasurably. This garage was supposed to be built "underground ", as described in your application to the Town and depicted on the project's approved section drawings. Instead, the garage was constructed well above grade, and then partially covered with dirt and landscaping in a feeble attempt to hide it. The structure is in fact approximately 6 -8 feet above the elevation of the S. Frontage Road, and is the equivalent of two stories on the west side facing Tyrolean. It is also the opinion of the Association that you exploited the Town Code, which at the time of your application did not contain a definition or other standards related to what constitutes an "underground structure ". Mr. Tobin met with the Town's Community Development Director George Ruther a few months ago to express the Association's frustration with the Town's lack of "underground structure" standards, as well as the lack of notice of the Mountain View project's "application to the Association. In response, Mr. Ruther explained that the Town was committed to fixing this "loophole" in the Town Code by coming up with BUS RE \2655617.1 Sherman & Howard L.L.C. Mr. Ronald J. Byrne June 30, 2009 Page 2 workable "underground structure" standards that will hopefully prevent such an unacceptable result from being imposed on neighbors of future developments in the Town, as well as crafting satisfactory notice provisions that will serve to inform neighboring property owners of impactful developments like yours, regardless of whether such developments are processed "by- right" or otherwise. Mr. Ruther has also explained to me that 42,872 sq. ft. of gross residential floor area (GRFA) is permitted on the Mountain View site under the Town's applicable High Density Multi Family (HDMF) zoning regulations, with 42,593 sq. ft. already utilized, which all but exhausts (except for 279 sq. ft.) the GRFA allowed under the Town's zoning regulations. (See enclosed letter to me from Mr. Ruther regarding his zoning analysis of the Mountain View site.) Finally, with respect to your invitation to Mr. Tobin to meet to discuss potential additional development on the Mountain View site, Mr. Tobin declines. Mr. Tobin has asked me to express to you in no uncertain terms that any proposed additional development of the Mountain View site would "add insult to injury ", and thus the Association will vigorously oppose any proposal that would further adversely impact or damage the Tyrolean Association and its homeowners. Regards AA�� Timothy NJ Devlin TND /rb Enclosure cc: Herbert Tobin, President, Tyrolean Condominium Association George Ruther, Director, Town of Vail Community Development Dept. BUS_RE \2655617.1 3 TOWNOFVAIL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970 -479 -2452 www.vailgov.com Timothy N. Devlin, Esq. Sherman & Howard L.L.C. 1000 S. Frontage Rd. W., Suite 200 Vail, CO 81657 Dear Tim, Thank you for your interest in the development of the Mountain View project located - at 434 South Frontage Road. I appreciate you meeting with me out on the site to discuss your client's issues and concerns. As promised, I have compiled the zoning analysis for the project. I believe you will find this information helpful in understanding the development that is underway on the site. According to the Official Zoning Map of the Town of Vail, the Mountain View project is located in the High Density Multiple Family zone district. Development potential for the site is based upon the development standards prescribed for this zone district. A copy of the standards can be located in Chapter Six of the Town's Zoning Regulations. Zoning Analvsis Address: 434 South Frontage Road East Legal Description: Apollo Park Condominiums, Tract D, Vail Village Fifth Filing Parcel #: 2101- 082 -46 -023 Zoning: High Density Multiple Family Lot Size : 1.295 acres /56,410 square feet Development Standards Density: Allowed 25 du's /acre or 32 du's Proposed 18.5 du's /acre or 24 du's GRFA: 76% or 42,872 sq. ft. 75.5% or 42,593 sq. ft. %o4 RECYCLED PMER Setback: Front: 20 feet 20 feet Sides: 20 feet 20 feet Rear: 20 feet 20 feet Height: 48 feet 48 feet Site Coverage: 55% or 49% or 31,0126 sq. ft, max. 27,701. sq. ft. Landscape Area: 30% or 44% or 16,923 sq. ft. min. 25,509 sq. ft. Parking: 2 parking spaces / 87 spaces Unit or 48 spaces I am hopeful that this helps to address some of your questions. Again, if there is anything else I can do please do not hesitate to give me a calla You can reach me most easily by telephone at (970) 479 -2145 or by email at gruther@vailgov.com Sincerely, . �?W George Ruther, AICP Community Development Director Town of Vail Devlin, Timothy N. From: George Ruther [GRuther @vailgov.com] Sent: Friday, September 19, 2008 2:19 PM To: Devlin, Timothy N. Subject: Mountain View Letter Attachments: devlin_letter. pdf LWI devlin_letter.pdf (132 KB) Tim- Attached to this email you will find the zoning analysis for the Mountain View project. I will provide you with a stamped ILC upon my receipt of that document. Have a great weekend and call with questions. Thanks, George Ruther, AICP Director of Community Development Town of Vail 75 South Frontage Road Vail, Colorado 81658 (970) 479 -2145 (o) (970) 479 -2452 (f) (970) 376 -2675 (c) 1 TOWN OF VAIL, COLORADOCopy Reprinted on 12 -04 -2008 at 15:20:53 12/04/2008 Statement Statement Number: R080002306 Amount: $5,000.00 12/04/200803:13 PM Payment Method: Check Init: LS Notation: ck# 3242 ----------------------------------------------------------------------------- Permit No: PW08 -0339 Type: PUBLIC WAY PERMIT Parcel No: 2101- 082 - 4602 -3 Site Address: 442 S FRONTAGE RD WEST VAIL Location: APOLLO PARK Total Fees: $5,000.00 This Payment: $5,000.00 Total ALL Pmts: $5,000.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts AD DEP -DEP09 DEP- STREET CUTS 5,000.00 UCH — a 2 6 d't Town of Vail +� CUSTOMER RECEIPT e Oper: AJANUSZ Type: FB Drawer: 1 Date: 12/05/@8 81 Receipt no: 18153 Customer Location Name Amount 2847 2857 WVC C AD AR— DEPOSITS $500@.@6 WVC COMPANY BOND FOR DAMMED CURB Tender detail ` CK DECK 3242 $5060.00 Total tendered $5006.N Total payment $5M.@@ Trans date: 121@5/@8 Time: 14:28:31 THANK YOU FOR YOUR PAYMENT! TOWN OF VAIL Department of Community Development 75 S. FRONTAGE ROAD VAIL CO 81657 February 2, 2007 RE Building Permit #B06-0280 — Change o f Contractor notification This is to notify you, that the or Contactor, W.E. O'Neil, for the Mountain View on Gore C p ro j e ct will be replaced by a new Contractor; RA Nelson & Associates, Inc. The project is located at 442 South Frontage Road. Both parties and the owner of the project are confirming this change by signing this notification. Original Contractor: W.E. O'Neil Matt Hoster Project Manager New Contactor: R.A. Nelson & Associates, Inc. J Anti ealris Project Manager Owner of the project Lunar Vail, L Christensen