HomeMy WebLinkAbout2026-01 A Resolution of the Town of Vail Town Council Making Findings on the Appeal of Case #DRB25-0343 and Affirming the Decision of the Design Review Board (534 East Lionshead Circle)1
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RESOLUTION NO. 1
SERIES 2026
A RESOLUTION OF THE VAIL TOWN COUNCIL MAKING FINDINGS ON
THE APPEAL OF CASE #DRB25-0343 AND AFFIRMING THE
DECISION OF THE DESIGN REVIEW BOARD (534 EAST LIONSHEAD
CIRCLE)
WHEREAS, Telemark Ventures LLC and Vail Property Group LLC (collectively the
"Applicant") own the real property located at 534 East Lionshead Circle, Vail, CO, and
described as a Resubdivision of a Part of Lots 1, 2, 3 and Tract E, Block 1, Vail/Lionshead
Filing No. 1 (the "Property");
WHEREAS, the Applicant filed an application to construct a new multi-family
development within the Lionshead Mixed-Use 1 (LMU-1) Zone District, in case #DRBB25-
0343 (the "Application");
WHEREAS, on October 15, 2025, following a properly-noticed public hearing, the
Design Review Board ("DRB") unanimously approved the Application;
WHEREAS, on November 4, 2025, the Kenneth Joel Rottman Trust (the
"Appellant") filed an appeal of the DRB's decision, which appeal is governed by § 12-3-3
of the Vail Town Code;
WHEREAS, on December 16, 2025, the Town Council held a properly-noticed
hearing on the appeal, and the Appellant was provided with an opportunity to present
evidence in support of its appeal; and
WHEREAS, following the hearing, the Town Council directed the Town Attorney
to prepare a Resolution with written findings regarding the appeal.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. Findings. Having heard and considered the evidence and arguments
presented by the Appellant, the Applicant, and Town staff, the Town Council hereby finds
and determines as follows:
a. The Appellant alleges that the Town Council should overturn the decision
of the DRB in this case because the DRB's decision will negatively impact the
Appellant's right to later construct some type of speculative improvement that has
yet to be designed or proposed. More specifically, the Appellant alleges that if "a
Lionshead project prevents another Lionshead project contemplated in the
Lionshead Development Master Plan from happening (sic) the Vail Design Review
Board has the authority (and arguably the obligation) to reject or require
modification of a project in the Lionshead district …." However, the Appellant has
not cited to any provision in the Lionshead Development Master Plan that would
allow the Town Council to overturn the DRB's decision in this case. The
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Appellant's argument that denial of the Application is required to provide room for
some later improvement that could possibly be proposed by the Appellant (or
others) is without any legal basis.
b. The Appellant has not submitted an application to construct any new
improvements within the purview of the Lionshead Development Master Plan. The
record does not reveal that there is any other pending land use application that
would be negatively impacted by the approval of the Application.
c. During the December 16, 2025 public hearing, the Appellant admitted on
the record that the Application as submitted complies with all currently applicable
provisions of the Lionshead Development Master Plan.
d. The Town Council agrees with both the DRB and the Appellant that the
Application complies with all relevant sections of the Lionshead Development
Master Plan.
e. The DRB properly considered the Application, the Applicant's arguments,
the Appellant's arguments, any public comment, and all other relevant information.
The DRB's decision is supported by the evidence in the record.
Section 2. Decision. Based on the foregoing findings, the Town Council hereby
affirms the decision of the DRB to approve the Application in Case #DRB25-0343.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 6th day of January,
2026.
______________________________
Barry Davis, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk