HomeMy WebLinkAboutBIGHORN SUBDIVISION LOT 12 LEGAL.pdfiltt c0Pr
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September 27,2006
Warren Campbell
Community Development
Town of Vail
75 South Frontage Road
Vail, CO 81657
Dear Warren,
As you may already know, I have been asked to assist W.I. and Trudy Thomas, as
representatives of property owner Becker Appointment Trust with certain improvements
that they wish to undertake on Lot 13, Bighom Subdivision. It is my understanding that
you are aware that the property owner would like to add a dormer and expanded patio to
ihe residence located on Lot 13, and that the desired improvements fall within the setback
from the tot line between Lot 13 and Lot 12, requiring a variance for their construction.
Becker Appointment Trust is also the owner of Lot 12.
As you know, it is the long-term goal of the Becker Appointment Trust to eliminate the
lot line dividing Lot 12 and Lot 13, unifying both non-conforming lots into one property.
As part of the preparation of the documents needed to eliminate the lot line, the
Thomases discovered that the sewer line cunently used by neighboring Lot l1
encroaches on both Lot l2 and Lot 13. The line appears to fall through the logical
building envelopes of Lot l2 and Lot I 3 (both as they stand today' and as the unified lot
would exist after abandoning the property line). Furthermore, preliminary investigation
indicates that the seu'er line may lie as close as three feet from the original features
located on Lot 13. During the process ofapplying for approval to abandon the line, the
Thoii'rases were asked by Torvn of Vail to clallS the location anC rights regarding the
line in use by their neighbors, and they had high hopes of being able to do so in a timely
way.
Unfortunately, the owners of Lot I I have not been willing to enter into the easement
agreements that have been offered by the Thomases. The Thomases believe that they
have made reasonable, even generous, offers to formalize the encroachment into an
easement by agreement, but they have not met with any success. The Thomases have
offered a solution that would permit the present line to be accessed for routine and
periodic maintenance, formalizing the area available to Lot I 1, and have not asked for
compensation for that agreement. While the Thomases are willing to acknowledge and
formalize existing use of the sewer line at present capacity, the owners of Lot I I believe
that they should be entitled to install any line or lines across Lot 12 and Lot 13 as may be
needed for use in any structure approved by the Town of Vail now or at any future date.
LAw oFFrcEs oF
MARGARET E. HANI,ON. P.C.
September 27,2006
Warren Campbell
Page Two ofTwo
After a number of conversations, it regrettably appears that formalizing the use of the
disputed areas may well require the involvement of the court system, and of the title
companies insuring both Lot 12 and Lot 13. Since Lot 12 was purchased well before Lot
I 3, and under different facts and knowledge of relevant parties, the resolution of the
disputed area on Lot l2 is likely to differ from that ofLot 13, and it appears that each Lot
will be called upon to demonstrate its own history with respect to the encroachment from
the neighboring lot. Regrettably, abandonment of the line between them at this time
could pose serious adverse consequences for the Becker Appointment Trust.
I believe that Trudy Thomas communicated to you that the residence in dire need of a
new roof due to significant interior leaking. She has been informed by the roofing
company that installation of the desired dormer as part of the present roofing project will
not only save the family several thousand dollars. but w'ill result in a better and more
cohesive roof surface (eliminating additional seals that would be required if it were added
at a future date). Further, the requested improvements would not intrude on any third
party, would not interfere with any view, light, access or other feature enjoyed by any
abutting owner other than the applicant itself (as owner of Lot l2). Finally, it has been
and remains the desire of the Becker Appointment Trust to unifl the two lots into a single
parcel upon settlement of the encroachment issues, eliminating the nonconforming use at
that time.
The property owner believes that the facts and circumstances surrounding the use and
ownership of Lots 12 and 13 constitute a proper case for the relief of a variance from the
setback requirement. The actions that they are contemplating in the setback do not
adversely affect any unrelated abutting owner, and the need for relief arises out of actions
that are completely outside the control of the applicant. The Thomases urgently hope
that they will not be prevented from completing their desired improvements because of
an im.proper encroachment onto their propertv by a neighbcring lando.,r,ner.
As the winter is approaching quickly in East Vail, the Thomases respectfully ask any
cooperation that planning staffcould offer to assist them in timely consideration oftheir
reouest for a variance.
Sincerely.
LAW OFFICES OF MARGARET E. HANLON. P.C.
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road . vail. coloraalo 81657
303,476-7000 e'r & )O7
75 south tronlage road
vail. colorado 81657
(303) 476-7000
March 2l , ]983
SCOTT HOPMAN
4512 E. LAYFAYETTE
PHoENiX, ARIZ0NA 85018
re: Lots 12 & 13, Bighorn sub
Dear Scott:
Here's the p'lat for Bighorn subdivision. The my'l ar copy was too fight for good reproduction, so I've inked in the djmensions of lots l2 and .|3.
Our records indicate'l ot 12 contains .|7,903 square feet allowing 4040 square feet of GRFA, while'l ot 13 has .l8,861 square feet, allowing 4,136 square feet of GRFA. They're both zoned(R) duplex.
Please contact me if you have further questions.
Sincerely,
PETER PATTEN
Sen ior P'l anner
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