HomeMy WebLinkAboutVAIL MEADOWS FILING 1 LOT 34 LEGAL.pdfrI/AII
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Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 97 0.479.2452
web: www.ci.vail.co,us
DRB Number: DR8050090
EXPANSION OF FXISTING DECK AND LIMITED FENESTMTION IMPROVEMENT
TOI{IV
Project Name: MESCH EXT ALT
Project Description:
Pafticipants:
Prqiect Address:
50458 MAIN GORE DR
Legal Description:
Parcel Number:
owNER MESCH, WTLUAM GREGORY & NIA03/944005
3ooo E EXPosmoN AVE Gatb._;a;;* -a'Py
APPUCANT MESCH, WTLUAM GREGORY & NIA03/14I2005 f
3OOO E EXPOSMON AVE
DENVER
co 80209
5045 MAIN GORE DR SOUTH VAIL Location:
Lot: 348 Block: 19 Subdivision: VAIL MEADOWS FIL 1
2099-182-1902-8
Commentsi
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Elisabeth Eckel DRB Fee Paidr $20.00
ror4,n'ffi
^'Htffi
General lnformation:
All projects requiring
refer to the submittal
cannot be
project may
Design revi
one year of
Description e Request:
recerve ap
the pad
informat
by the
unless a b
si;rirEFFD
deck areq and limited fenestration
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Location of the Proposal: Lot: 3t-g Block: {a Subdivision: Vail Meadows, Filing No. I
Physical Address: 50458 Main Gore Drive
parcel No.: 2099t82t9028 Eagle Co. Ass€ssor at 970-329-8640 for parcel no.)
Zon ing;Two Family Residential
Name(s) of Owner(s): _WrUiern _C.}{e!sb---._-.--_%
Mailing Address:
Owner(s) Signatu re(s):
Name of Appli6ln1; __ Wif/ram G. Mesch
Mailing Address: 3000 E. Exposition, Denver, CO 80209
p6ens; 303-282-7962
E-maiI Address: ffg@rovinplanet.com
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or comm€rcial building (includes 250 additions & interior conversiom).
For m-inor changes to buildings and site improvem"nS,suct as,reroofing, painting, window additions, landscaping, fend and retaining walls, etc.$20 For minor changes to buildings and site improvemenb, such as,rerooflng, painting, window additions, landscaping, fences and retaining walls, elc.$20 For revisions to plans already approved by planning Staff or the
Design Review Board.
No Fee
Type of Review and Fee:. Signs . Conceptual Review
. New Canstruction . Addition
. Minor Alteration
(multi-family/commercial)
Minor Alteration
(singl+.family/duplex)
Changes to Approved plans
Separation Request
$s0
No Fee
DOJU
$300
$250
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MilferDesignWcnrs:
letter of transmittal
/o Dept. of Community Development from BrettMiller
75 S. Frontage Road
VaiL Colorado 81657 date March11,2005
project 5045B Main Gore Drive
bY USMaiI /or DRBSubmittat
contents (3) Application fu.D*]q" Review (Minor Alteration)
(3) Existing Condirion photo
(3) Minor Alteration Drawing
(1) $20 Review Fee
remarks
, / O::!V :f th: App-kfon for Design Review containing the Owner/s Signature V will be faxed on Monday, March 14.
/ :-"::^S_T:y^':q:il1.b" derivering (3) copies cf a suwey to accompany the / appucatjon on Monday, March 14.
l26l Yo rk Street
Denver Colorado EO2o6
PH 303 480 52t2
Fx 303 265 9788
desi gnworkg@qwest.net
83/L4/2?65 89:34
A3/I4|ZEAS 99:15
3832559788
3839964949
MILLERDESIGN
ROVING H-Al.lET
PAGE
PAGE A2
a2
Appllcation for Deeign Review
__ OgDaitrrant of Conrmurity Oanlopment
75 sdltl Flon4D Red, Vali, Caoraio sre6T
tel: 970479213e t*: 970.17e2t62
ur!b: u,wtr.,railgov,com
Gineral Iniotmafiod:
All ptolcc,c requldng @bnr Evb$/ mtrst rBEh,€ apprwrl erlr b. ruqrlgpg a, bufkfng pemtt ,ppticqtisn. placro largt b lhE qfirlltal ruquimments i* rre parUdd;i emiJJirirtL" ,"qr*cC & +pttot* |on Deslgn Ro4ow cannot ba ampted utltit all reoult€d tnbrmstton b 6i; [.0rr ccnmuntty Dareiopmert Dryftmed. ThE ptoleot marr atso nad to be 'whlrd by n9 i.rii b*#;-dt"? lhe pbnrtng ind Eivtronrrpi,rd turlrnbton.D.sien r.yisw rpDEy.r raprer unlsei I burdilt;;;riii rrouro rnc d;fi*d;;";;n,rn."a yy*rn q|! yDl' of thc 6ppoval.
Dcrcription of the Requosti
Ptryslsqt l{.ln$s;
Pqrcel No.:(CoirtEct Eagl6 Co, Asessor at s70€29€640 bf parel no.)
Ionlng:
I{ame(r) of Ownc(a): WfilfallG.Morch. .
llallln0 Address:
Owner(E) Signrrure(sji
Name of Appllcant:lttltiaa O. Mcroh
Melllng Addreer:
E-rnqll Add6r!; erEg@oryingplmd.cml F;,
For mmfrucilon of e ne$, bulHhg or dcmo/rsbulltt,
Fot en Edditlon Whs|tg qr.G fuC"S" n aOOeA iO any rllldcdial of
=Tlp5fljlggJtndudee
zoo adrriloru e nmoi conGdiiirl.|€r mlnor ollErgElt tD buitdln(F EU 6lte lmprovemrnt!, audh a9,rEftxx tg, pgr.rbs, wlndo|, Eddfldlrr bn@ptngr tenoo ara rst hing u,Ells, Etc.
For mlrtor cl|'|gBE to bulkllngs ad ril€ lmptDvq1tents. srrch r-rarmfing, petnung, utdnttor eCOitlons,'ranosapi.fi. E"il mo tEtdnfng lllalh, eto.
For. revftlom to plarE alre€dy €Fprovd by frnnlnO Sa{t or the Dqhn Rsvtcw EOE d
Typr of Revlcw snd Fee:. Slg,ts
' CoocrphJat Rqlew
. llste Co6trudon . Adrfition
. MnorAlbrrdon
(mql[-fsmiy/commrl*{
. [fflnor Atbra[on
(!lnote.failty/duebsl
' Chenge b Apprarred fl€m
. gcpglEuon RoqtEst
S50 Plrrs $1.00 persqualD toot of tot{t cign arw.
No Fec
$860
$300
s250
s20
920
No Fes
Hffi.ir-*-j Grr-co,fa:
Pbnna:
83/L412965 89:34 3432659788
MillerDesign!(/onrsz
fax transmittal
ro VaiI Departrrant of Community Development -g7O4Z9lZlSg
from ErehtMiller
date March7[,ZlF
re Application for Design Rw'rew - 50458 Main Gore Drive
numberofpages 2
remarks
MILLERDESIGN
Following is an Application for Design Review which includes fhe Owneds
signature. The unsigned application wae sent via uE mail with the
accompanying requircd submittal materials.
PAGE AL
t26t yort Street
Dcnver Colotado 90206
Pn 30t 480 sl.l?
rr J03 26s 9?0s
dcsignwork58qwcfi,net
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++********* * * **+******************* ********++++****++***** *** *** * ***{.***** + * * +**+**+* *+*+**+
TOWN OF VAIL, COLORADO Statement
**** * *'3 * * **** * ******** ** * ***** *.*{.'t( * *d.:1.* + * **** * * * * * * * + * + + ++ * *{.* * * * * * * * ** * + + * '} * ft++* *,}*+'f +,} {.'}'fi
statement. Nunlcer: R05000022? Amount: $20.00 03/L4/200502:25 PM
Pa)rment Mebhod: Check Init : ,JS
Notat,ion: #5?9/MILLER
DESIGNWORKS
Permit No: DRB05O09O Type: DRB-Minor AIt,SFR/DUP
ParceL No: 2099L82L9028
S1TE Address: 5045 MAIN GORE DR SOIIfH VAII,
IJocation: 50458 MAIN GORE DR
Total Fees: $20.00 This Pa)'ment.: $20.00 TotaL Al,L Pmts: $20.00 Balance: 50.00
** *** ***** * + + ++:t:t+** **** ****** * * ** {.**,i*******lr * ***++* * * + * *+*+*+ *+ +**+*+* **.t* **********+**1.**
ACCOI.JNT ITEM LIST:
Account Code DescriDtion Current Pmts
DR 00100003 rL2200 DESIGN REVIEW FEES 20.00
(
Status:
f Approved
Couuultffy DEVELopMENT Rourtruc Fonnrt
I Approved with conditions f, Denied
Routed To:Fire
Date Routed:03/16/05
Routed By:Planner
Date Due:03/18/05
Description of work:Deck enclosure
Address:50458 Main Gore Drive
Leqal:Lot:134 Block:Subdivision:Vail Meadows 1"'Filino
Comments:Date Reviewed:
arlment lssues. Need additional review Fire Deoartment.
Coumurtrv DevelopMENT Rourrruc Fonu
n Approved with conditions Z Denied
I
Status:
I Approved
Routed To:Public Works
Date Routed:03/16/05
Routed By:Planner
Date Due:03/18/05
Description of work:Deck enclosure
Address:50458 Main Gore Drive
Legal:Lot:J4l Block:Subdivision:Vail Meadows 1s Filino
Comments:Date Reviewed:
enl lssues. Need addilional review bv Fire Department.
t
T0lfl\r0F llAII
Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2I 38
FAX 970-479-24s2
www,vailgov.com
May 11,2005
Mr. William G. Mesch
3000 East Exoosition
Denver, CO 80209
Re: Minor Alteration. DR8050090
50458 Main Gore Drive
Lot 34-8, Block 19, Vail Meadows 1"t Filing
Dear Mr. Mesch,
Thank you for your submitting an application for design review of a minor exterior alteration which was
received in our office for the above address on March 14,2005. After several brief conversations with Brett
Miller last month, it appeared that the work would likely not commence this year. Therefore, I have withdrawn
the application and am returning to you the submitted materials.
Please be aware that if you choose to proceed with the work, a new application form will need to be
submitted. Additionally, please keep in mind that the setbacks from the property line which are in place upon
your lot must be considered with any future proposal. An encroachment of up to seven and one half feet
(7 % ' ) into the fifteen foot ( 1 5') side setback would potentially be allowed as long as the floor of the deck is
no higher than five feet (5') from grade and as long as all of the appropriate utility company signatures have
been obtained.
Please feel {ree to contact me with any remaining questions or concerns. I will be more than happy to guide
you through the process should you decide to pursue the proposal at another date.
970.479.2454
enclosures: Design Review Action Form
Submitted materials
{p ^t r"uo
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I
PI,ANNING AND ENVIRONMENTAL
April 20, L987
COMMISSION
STAFF PRESENT Peter Patten
Tom Braun
Rick Pylman Kristan Pritz
Betsy Rosolack
2.
PRESENT J.J. Collins
Diana Donovan
Pam Hopkins
Peggy osterfoss Sid Schultz Jin Viele
ABSENT
Bryan Hobbs
The meetingt was called to order by the chairman, Jirn Viele.
I.Approval of minutes of March 9 and March 23.
Diana Donovan moved and. J.J. Collins seconded to approve the
rninutes of the rneeting of March 9. The vote lras 6-0 in favor.Diana Donovan moved and Peggy Osterfoss seconded to approve the
meeting of March 23. The vote was 6-0 in favor.
a.est to ado t rules of rocedure for home
oc revocation hearinqs.
Larry Eskwith, Town Attorneyr exptained that for the first time, a home occupancy permit revocation was being appealed. He explained that this would be a quasi-judicial hearing and the
PEC would act like a judge and would decide whether or not to uphold or overturn the revocation of the license. Larry gave the Planning Conmission a tist of rules of procedure.
Diana Donovan moved to adopt the rrCornmission Regulations Setting Forth Procedures Applicable to Appeals of the Revocation of Home occupancy Permits by the Zoning Administrator.!. The motion was seconded by Pam Hopkins and the vote to adopt hras 6-0 in favor.
b. Consideration of a re est for a sta of execution of the order of the zonin adm strator revokin VaiI EaSt
Renta Inc. home occu t and establ shment of a date to hear the appeal of the revocation of the East VaiI R s, Inc. home occupation permit.
Larry Eskwith, Town Attorney, explained that he felt there was no harm done by granting a stay of execution, since there would probably not be very much business until June.Diana Donovan ruoved and Pam Xopkins seconded to hold the hearing of this license on May 27 at 3:00 pM. The vote was 6-0 in favor of this date.
(
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NOTICE OF APPEAL
EAST VAIL RENTALS hereby serves notice Pursuant to
Section 18.58.190 of the Vail Municipal Code upon the Town
of Vail, Colorado, and its Planning Commission of its appeal
of the purported revocation of The Home Occupation Permit
issued to East VaiL Rentals. In the event the Town of Vail
declines to reverse the purported revocation and reinitiate
the permit without hearing, East Vail Rentals hereby
requests The Planning Commission hold a hearing on this
decision j.n order to allow East Vail Rentals to present
testimony and evidence on its behalf.
AS GROUNDS FOR APPEAL and in further support of
this Notice of Appeal, East Vail Rentals states as follows:
1. The revocation is invalid and of no effect
under Section 18.58.180 of the VaiI Municipal Code, which
specifies the revocation may be done only by the Zoning
Administrator. The Notice of Revocation, a copy of which is
attached hereto and made a part hereof, marked Exhibit A,
indicates the revocation was made by the Town Planner, of
the Office of Community Development, not the Zoning
Administrator.
2. The revocation was a unilateral decision without notice to East Vail Rentals or an opPortunity to
respond to the issues, charges and accusation, leveled
against it by unnamed person(s).
3. The revocation was in direct response to a
sma11, yet well orchestrated group of citizens, who do not
accurately reflect the feelings, beliefs and sentiments of
the neighborhood or citizen of the Town. Public statements
of various Town of vail officials contained in an article in
"The Vail Daily", attached hereto and made a part hereof,
marked Exhibit B, indj-cate those Town officials were unduly
influenced by this group of people and made their decision
based upon public pressure.
4. The revocation was based upon undocumented
and unsubstantiated claims to which East Vail Rentals has
compiled evidence to respond to and refute at an appropriate
hearing in an orderly fashion, including but not limited to
figures in vehicular traffic, citizen opinions and
neighborhood activities.
5. If East Vail Rentals had been given notice of
the proposed revocation and afforded even a minimal oppor-
tunity to respond, the revocation, in all likelihood, wouLd
not have been issued and East Vail Rentals has a reasonable probabilixy of succeeding in having its perrnit restored
forthwith upon granting of such a hearing.
6. The decision of revocation shoul-d be stayed
pending full hearing and review as East Vaj.I Rentals will
suffer immediate and continuing irreparable injury, the
injury is likely to continue and compound on a daily basis.
Specifically, East Vaif Rentals wll1 in effect be deprived
of its sole place of business which will cause loss of
revenue and business. Staying of the revocation pending a
fuII and complete hearing will not cause prejudice to the
Town or complainant(s) as there will be littIe, if any,
rental business after the ski season and these conditions
will continue into June.
7. The revocation was based upon facts which
were presented to the Town by interested, biased persons,
and the Town, by admission of Town employees contained in the article from I'The Vail Trail" attached hereto and made a part hereof, marked. Exhibit C, did not investigate or make
attempt to corroborate.
8. The revocation is unduly burdensome upon East Vail Rentals especially in light of the fact that numerous other businesses, operate on a continuing basis in the
neighborhood.
WHEREFORE, East Vail Rentals requests the fol1ow-
ing relief:
a. This appeal be heard at a hearing at which
ti-me East Vail Rentals will be allowed to confront its
accusers and respond to the accusations and present evidence
on its behalf.
b. The revocation of the Home Occupancy Permit
be stayed pending a resolution of all issues herein.
c. That the revocation of the Home Occupancy
Permit be reinstated with or with hearing.
t *{t
DATED l-his b'; daY of APril, 1987.
EAST VAIL RENTALS. INC.
Cosgriff, Dunn & Abplanalp Registration No. 13707
Post Office Box 2299
Vai1, Colorado 81658 (303) 475-7552
STATE OF COLORADO
COUNTY OF EAGLE
QC
I, Patricia Branca,
oath, state that f have read the contents therein are true
and belief.
being first duly sworn upon my
the above Notice of Appeal and to the best of my knowledge
Secretary-Treasurer
East Vail Rentals, Inc.
and sworn
I hereby certify
to before me this
that. the foregoing
(r# day of April.was subscribed
1987 .
My commission expir es.
Witness my hand and official seal .
Patricia Branca,
MNO2
o
75 south frontage road
vail, colorado 81657
(303) 476-7000
March LL, L9B7
lvlr. Norman Branca
East Vail Rentals P.O. Box 1033 Vail, Colorado 81658
Dear Mr. Branca:
The Department of Community Development has received numerous
conplaints regarding the operation of East Vail Rentals, Inc.at 5045 Main Gore Drive. The docurnentation associated vrith these complaints indicates that vehicular traffic reLated to this business is in excess of that typically generated by residential dwellings.
Through the authority granted by Section i-8.58.L80 of the Tovrn of Vait Municipal Code, citinE Section 18.58.160 of the
Municipal Code, as weLl as the conditions of approval stipulated
on the Home occupation Perrnit, I hereby revoke the Horne
occupation Pernit issued to East VaiI Rentals, 5045 Main Gore
Drj-ve, effectlve April 15, 1987.
The continuance of this use past April L5, L987 lrtill constitute a zoning violation.
This decision may be appealed to the Planning and Environrnental
Commission in accordance with Section LB .58.19o of the ltlunicipal
Code. I have enclosed copies of all referenced sections of the
Municipal Code for your information. If you have any questions,
please caII me at 476-7000.
of llce ol communlly development
r-i .:I\I Pylman
Planner
RP: br
EXHIBIT I'A''
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Exhiblt rrc
PETER COSGRIFF
JOHN W. DUN N
ARTHUR A- ABPLANALE JR.
TIMOTHY H. BERRY
ALLEN C. CHRISTENSEN
LESLIE J. RAN N IGER
LAw OFFrcEs
CoscRtFF, DuttN & AePLANALP
A PAR'NEFSHtF OT PROFESSIONAL CORPOFIATIONS
22II N, FRoNTAGE RoAo SUITE 2O4
P, O. Box 2299
Va rL, CoLoRADo 81658
(303) 476-755"
29 September 7987
lN LEADVTLLEI
CosGRrFF, DUNH & BERRY
P. O. BOX rl
LEA DV r LLE, COLORAOO 80461
€03)445-raas
Mr. Rick Pylman, Zoning Administrator
Ms. Susan Scanlon, Environmental Officer
Town of Vail
75 S. Frontage Road Vai1, CO 8L657
Re: Branca Residence, 5045 Main Gore Drive
Dear Ms. Scanlon and Mr. Pylman:
This will confirm our recent conversations
regarding the construction trailer at the Branca residence.
rt is my understanding from our conversations that a
complaint to the Town of VaiI by a Joe Miller' of 5047 Ute
Lane, on or about September 9r 'L987, prompted an
investigation by the VaiI police, Town of Vail Building
Dept., and Town of Vail Environmental Dept. After these
investigations were completed, r have been informed by both
of you that the construction trailer is on the premises by
virtue of a current and valid build.ing permit, and no Town
ordinances are being violated by its presence. rt is my
further understanding that this matter has been determined
by your d.epartment(s) to be a neighborhood dispute of a
civil nature. rf any action is to be taken, it must be
taken by Mr. Miller due to your determination that no
ordinances are being violated.
f would like to thank you agaj.n for your
cooperation in this matter. I would like to stress that if
you have any concerns about the Branca residence or the
construction, I would request that you contact me
immediately.
Very truly yours,
COSGRIFF,DUNN & ABPLANALP
ACC: s cc: David
Norman
PROFESS}ONAL CORPORATIONS ARE PETER COSGRIFF. P C.AND TIMOTHY H. EERRY, P.C. IN LEADVILLE,
DUNN & ABPLANALP, P C. IN VAIL.
Allen C. Christensen
K. Cron, Vail Police Department
Branca
a
CONMI SS ION REGULATIONS
APPLICABLE TO APPEALS
OCCUPANCY PERMITS BY
SETTING FORTH PROCEDURES
OF THE REVOCATION OF HOME
THE ZONING ADMINISIRATOR
Section 1.
In accordance with Section 2.24.050 of the Municipal Code of the Town of Vail,
the Planning Commission is authorized to adopt rules for the transaction of business
before i t.
Section 2.
Section 18.58.190 provides that the appeal of any action of the Zoning
Admjnistrator in connection with the issuance or denial of a home occupation permit
or the conditions attached thereto, may be filed with the Planning Commission by any
resident or property owner within thirty (30) days following such action. In order
to establish a framework for the hearing of such an appeal , the following procedures
are adopted as appljcable thereto:
2.1 Parties to the review of such an appeal shall include the resident or
property owner perfecting the appeal and the Zoning Administrator or his
representative who has revoked the home occupancy permit. Notice of the time of the
hearing of an appeal shalI be served personally on the parties whereby first class
maii to the jast known address of the party to be notified. In the event that tne
party perfecting the appeal has obtained legal representation and 1ega1 counsel, and
Iegal counsel has indicated such to the Town, then notification shall be sent to the
office of the attorney representing said party. In fjxjng the tjme and p'lace of the
hearing, the Planning Commission will give due regard to the convenjence of the
parti es and their representati ves.
2.2 The Planning Commissjon or other hearing officer shall have the authority
to sign and issue an administrative subpoena; rule upon offers of proof and receive
evidence given under oath; dispose of all motjons; direct the parties to appear and
confer to consjder the simplifjcatjon of issues, admissions of fact or documents to
avoid unnecessary proof; reprimand or exclude from the hearing any person for any
'improper or contemptuous conduct in the Commission's presence; and take any other
action consistent with this regulation.
2.3 The Planning Commission or other hearing officer shall have the authori ty
to issue administrative subpoenas at the request of any party, which shall be served
in the same manner as a subpoena issued by District Court. In the event that a
witness, properly served with a subpoena, refuses to appear as directed, the party
having requested the issuance of the subpoena may request a continuance of th,e
heari ng and apply to the District Court for appropriate remedies to compel such
appearance. A witness shall be entitled to fees and mileage provided for a w,i tness
in a Court of record.
2.4 The Zoning Administrator shall have the burden of proof, based upon the
civil burden or preponderance of the evidence, and every party to the proceedi ng
shall have the right to present his case or defense by oral and documentarlr
evidence, to submit rebuttal evidence and to copduct such cross examination as may
be requjred for a full and true disclosure of the facts. Subject to these rights
and requinements, where a hearing will be expedited and the interest of the parties
will not be substantialiy prejudiced thereby, the Planning Commissjon or other
hearing officer may receive all or part of the evidence in written form. The
parties may offer such evjdence as they desire and shall produce such addit'ional
evidence as the Planning Commissjon or other hearing officer may deem necessary to
any understanding and determjnation of the appeal. The Planning Commission or othen
hearing officer shall be t,he judge of the relevancy and materiafity of the evidence
offered and conformity to the legal rules of evjdence shall not be necessary. The
Town Manager or other hearing officer may receive and consjder the evjdence of the
wjtnesses by affidavit, and sha11 give such evidence only such weight as it deems
proper after consideration the objections made to its admission. All parties to the
hearing may make objections to evidentury offers, which shall then be noted in the
record, in the absence of an objection, the hearing may be conducted jnformal)y and
failure to request any procedure shal'l constitute a waiver thereof.
2.5 It shall be the duty of the Planning Commissjon or other hearing officer
to consjder whether the actjon taken by the Zoning Administrator or hjs
representative shall be sustained based on the evidence presented at the hearing and
the home occupancy ordinances of the Town of Vail. The Planning Commission or other
hearing officer shall have the power to sustain, modify or reject the action of the
Zoning Admjn istrator.
LAElb s c
\
75 south frontage road
Yall. colorado 81657
(303) 476-7000 otflce ot qommunlty dev.lopment
YIay 20, 1987
TO: All parties concerned with the East Vail Rentals home occupation perrnit.
FROM: Connunity Development Departrnent
RE: Appeal of the revocation of the home occupany permit for East Vail Rentals
The Town Attorney has reported that the appeal Rentals revocation of home occupancy permit has At this point, it appears as though there will
on May 27. However, we cannot definitely state not be a hearing, and so we would advise you to or that of the attorney to check on the status before traveling to Vail. Thank you.
of Sast Vail
been withdrawn.not be a trearing that there will call our office of this hearing
tF.9:l
o o DON S. GRAEBER
1 301 H igh Street
Denver, Colorado 80218
(303) 399-6s48
/lr7 /] /qP>
f^t/^ f,,/-,*,
t'u',-. a1 /a/-1/ L z{ ,lt"/A Frn}% M ,
Jal ,h il6r)
PUBLTC NOTTCE
NorrcE rs HEREBY crvEN that the pranning and Environmental
cornmission of the rown of Vair will hord a pubric hearing in
accordance with section 18.66.060 of the nunicipar code of the
Town of Vail on ylay 27r 1987 at 1:30 pU in the Town of Vail
Municipal Building.
Consid'diation of:
L- An appeal of the revocation of a home occupation business
license for East vail Rentals, rnc. located at 5045 Main Gore
Drive on Lot 34, VaiI Meadows Filing No. 1.
2' Preliminary review of exterj.or alterations in comrnercial Core
I and Commercial Core II .
rnformation about the appear is avairabre in the zoning
administratorrs office during regrrrar office hours for public
inspection.
TOWN OF VAIL
COMMUNTTY DEVEI.,OPIMNT DEPARTMENT
THOI{AS A. BRAUN
Zoning Adrnj_nistrator
Publj-shed in the Vail Trail on May g, l-987
COMIVIISSION REGULATIONS SETTING FORTH PROCEDURES
APPLICABLE TO APPEALS OF THE REVOCATION OF HOME
OCCUPANCY PERMiTS BY THE ZONING ADMINISTRATOR
Section L.
In accordance with Section 2,24.050 of the Municipal Code of the Town of Vai1,
the Planning Commission js authorized to adopt rules for the transaction of business
before it.
Section 2.
Section 18.58.190 provjdes that the appeal of any action of the Zoning
Administrator jn connectjon with the issuance or denial of a home occupation permit
or the conditions attached thereto, may be filed with the Planning Commission by any
resident or property owner within thirty (30) days following such action. In order
to establish a framework for the hearing of such an appeal , the following procedures
are adopted as app'l icable thereto:
2.I Parties to the review of such an appeal shall include the resident or
property owner perfecting the appeal and the Zoning Administrator or his
representative who has revoked the hone occupancy permit. Notice of the time of the
hearing of an appeal shall be served personally on the parties whereby first class
mail to the last known address of the party to be notified. In the event that the
party perfecting the appeal has obtained iegal representation and legal counsel , and
'I egal counsel has indicated such to the Town, then notjficatjon shall be sent to the
office of the attorney representing said party. In fixing the time and place of the
hearing, the Planning Commission will give due regard to the convenience of the
parti es and thejr representatives.
2.2 The Plannjng Commission or other hearing offjcer shall have the authority
to sign and issue an administrative subpoena; rule upon offers of proof and recejve
evidence given under oath; dispose of all motions; direct the parties to appear and
confer to consider the simplification of issues, admissions of fact or documents to
avoid unnecessary proof; reprimand or exclude fnom the hearing any person for any
improper or contemptuous conduct in the Commission's presence; and take any other
action consistent with this regulation.
2.3 The Planning Commjssion or other hearing officer shall have the authority
to issue admjnistrative subpoenas at the request of any party, which sha'l I be served
in the same manner as a subpoena issued by Oistrict Court. In the event that a
witness, properly served with a subpoena, refuses to appear as directed, the party
having requested the issuance of the subpoena may request a continuance of the
hearing and apply to the Distri ct Court for appropriate remedies to compel such
appearance. A wjtness shall be entitled to fees and mileage provided for a witness
in a Court of record.
2.4 The Zoning Adminjstrator shall have the burden of proof, based upon the
civil burden on preponderance of the evidence, and every party to the proceeding
shall have the right to present his case or defense by oral and documentary
evidence, to submit rebuttal evidence and to conduct such cross examjnatjon as may
be required for a full and true disclosure of the facts. Subject to these rights
and regujrements, where a hearing wilI be expedited and the interest of the parties
will not be substantialJy prejudiced thereby, the Planning Commission or other
hearing officer may receive all or part of the evidence in written form. The
parties may offer such evidence as they desire and shall produce such additional
evidence as the Planning Commission or other hearing officer may deem necessary to
any understanding and determination of the appeal . The Planning Commission or other
heaning officer shall be the judge of the relevancy and materjality of the ev'i dence
offered and conformity to the legal rules of evidence shall not be necessary. The
Town Manager or other hearing officer may receive and consider the evidence of the
witnesses by affidavit, and shal1 give such evidence only such weight as it deems
proper after consideration the objections made to its admjssion. A1 1 parties to the
hearing may make objections to evidentury offers, whjch shall then be noted in the
record, in the absence of an objection, the hearing may be conducted informally and
failure to request any procedure shall constitute a waiver thereof.
2.5 It shall be the duty of the Planning Commissjon or other hearing officer
to consider whether the action taken by the Zoning Administrator or his
representative shall be sustajned based on the evidence presented at the hearing and
the home occupancy ordinances of the Town of Vail. The Planning Commission or other
hearing officer shall have the power to sustain, modify or reject the act'i on of the
Zoning Administrator.
LAE/bsc
Planning and Environmental Commission ,|987 Dates
DEADLI NE
December 22
January 12
January 26
February 9
February 23
March 16
March 30
Apri 1 13
April 27
May 1l
May 26
June 15
June 29
July 13
July 27
MEET I NG
January 26
February 9
February 23
March 9
March 23
Apri 1 13
April 27
May 11-
May 25**
June 8
JUne ll
July 13
July 27
August 17
August 3l
September 14
September 28
0ctober 12
October 26
Novenber 16
November 30
December L4
December 28
**Memorial Day.
reschedul ed
August 10
August 24
September L4
September 28
October 1.2
0ctober 26
November 9
November 23
December 14
December 28
January l l, .l988
January 25, .l988
Meeting will be
W /5;la^z )r*l
F@
o
COMMISS ION REGULATIONS
APPLICABLE TO APPEALS
OCCUPANCY PERMITS BY
SETTING FORTH PROCEDURES
OF THE REVOCATION OF HOME
THE ZONING ADMiNISTRATOR
Section 1.
In accordance wjth Section 2.?4.050 of the Municipa1 Code of the Town of Vai1,
the Planning Commissjon js authorjzed to adopt rules for the transaction of bus'i ness
before i t.
Section 2.
Sectjon 18.58.190 provides that the appeal of any action of the Zoning
Administrator jn connection with the issuance or denial of a home occupation permit
or the conditions attached thereto, may be filed with the Planning Commission by any
resident or property owner withjn thjrty (30) days following such action. In order
to establish a framework for the hearing of such an appeal, the following procedures
are adopted as appl icable thereto:
2.L Parties to the review of such an appeal shall include the resident or
property owner perfecting the appeal and the Zoning Administrator or hjs
representative who has revoked the home occupancy permit. Notice of the time of the
hearing of an appeal shall be served personally on the parties whereby fjrst class
mail to the last known address of the party to be notified. In the event that the
party perfecting the appeal has obtained legal representation and legal counsel , and
legal counsel has indicated such to the Town, then notification shall be sent to the
office of the attorney representing said party. In fixing the time and place of the
hearing, the Planning Commission wjll give due regard to the convenience of the
part i es and their representatives.
2.2 The Plannjng Commission or other hearjng officer shall have the authority
to sign and issue an administrative subpoena; rule upon offers of proof and recejve
evidence given under oath; dispose of all motjons; direct the partjes to appear ano
confer to consjder the simplification of issues, admissions of fact or documents to
avoid unnecessary proof; reprimand or exclude from the hearing any person for any
improper or contemptuous conduct in the Commission's presence; and take any other
action consistent with this regulation.
2.3 The Planning Commission or other hearing officer shall have the authority
to issue adminjstrative subpoenas at the request of any party, which shall be served
in the same manner as a subpoena issued by District Court. In the event that a
witness, properly served with a subpoena, refuses to appear as directed, the parly
having requested the issuance of the subpoena may request a continuance of the
hear"ing and apply to the District Court for appropriate remedies to compel such
appearance. A wjtness shall be entitled to fees and mileage provided for a witness
in a Court of record.
2.4 The Zoning Administrator shall have the burden of proof, based upon the
civil bunden or preponderance of the evidence, and every party to the proceeding
shall have the right to present hjs case or defense by oral and documentary
evidence, to submit rebuttal evjdence and to copduct such cross examination as may
be required for a full and true djsclosure of the facts. Subject to these rights
and requirements, where a hearing wi)l be expedjted and the jnterest of the parties
will not be substantially prejudiced thereby, the Planning Commission or other
hearing officer may receive all or part of the evidence in written form. The
parties may offer such evjdence as they desire and shall produce such add'itional
evidence as the Planning Commission or other hearing officer may deem necessary to
any understanding and determination of the appeal. The Planning Commission or other
hearing officer shall be the judge of the relevancy and materiality of the evidence
offered and conformity to the legal rules of evidence shall not be necessary. The
Town f"lanager or other hearing officer may receive and consider the evidence of the
witnesses by affidavit, and shall give such evidence only such weight as it deems
pr0per
heari ng
record,
fai I ure
2.5
to consi
after consjderatjon the objections made to its admission. All parties to the
may make objections to evidentury offers, which shali then be noted in the
in the absence of an objection, the hearing may be conducted informally and
to request any procedure shall constitute a waiver theneof.
It shall be the duty of the Planning Commission or other hearing officer
der whether the action taken by the Zoning Adminjstrator or his
representative shali be sustained based on the evidence presented at the hearing and
the home occupancy ordinances of the Town of Vail. The Planning Commission or other
hearing offjcer shall have the power to sustain, modify or reject the action of the
Zoning Admjnistrator.
LA E/bs c
o
Eas t Vat[ RerLtn[s, InL.
P. O. Bor LOj3 o VaiI, Co[orado 81658 r (lO-f) 476_6636
\
February 25, l9A7
Ms. Pam Brandmeyer
Town of Vail
Town Clerk
75 North Frontage Road West VaiI, CO 81657
Dear Ms. Brandmeyer,
I thought it might be appropriate to add.ress the issues concerning the business license issued by the Town of VaiI for East VaiI Rentals at 5045 Main Gore Drive.
These are matters which have been discussed with you and various employees of the Town of Vair from time t6 time in the last several months, however, at this tj-me further discussion might be usefur. we have always taken pride in the good-working relationship we have had with the Town of vair,and it is our desire thal this rerationship continue in this manner.
My foremost concern is the "conditions of Approvarr risted by the Town Zoning Administrator in our application For Home Occupation, whigh you have on fi1e. -fn approving our
_application, the Zonlng Departrnent has noted tirlt *rei have recel-ved a complaint iegarding vehicre trips to the residence and further complaints could lead to ievocation of our permit. when r received this approvar, r tdas greatly concerned, nevertheress, r decided to w:.ttrtrold my response.
I had intended to respond earlier, however, with the new office under construction until the middre of January, 1997,ski season and other matters arising, somehow it was put off. Now that r have had the occasion to review our Lusiness license fi1e, r wour.d tike to.respond to the zoning administiatorrs conments at this time and point out these events c6mplainea oi -io -
the Zoning Departnent occurred prior to the issuance of a license and occurred in the period where r" w.qc,-not conductinq anv business out of the house, and did nor forJE*inql;ei;t;-'-period following issuance of the license.
75 soulh tronlage road
yall, colorado 81657
(303) '176-7000
February 1-2, L987
offlce of communlly deYelopment
Mr. Norman Branca
East Vail Rentals, Inc.P.O. Box 1033 VaiI, Colorado 81658
Dear Mr. Branca:
As the Town Planner involved in the issuance of your home occupation permit for 5045 Main Gore Drive, I consider it appropriate to respond to the correspondence directed by you to
Pam Brandmeyer dated February 25, 1987. There are some issues which I feel need further clarification.
In early September of 1986, I received a phone call from an adjacent property owner expressing some concern over the amount of vehicle traffic Aenerated at 5045 Main Gore Drive. Upon doing
some research, I determined that the i_986 business license for East Vail Rentals had been amended on July ZL, L9B6 to reflect the address, 5045 Main Gore Drive. f then notified you of the requirement for home occupation pernit and following application,a permit was issued on September 24, 1986. I appreciate your prompt response to that request. I do wish, however, to correct a statement made in the above referenced correspondence. At the tine of complaint, the business license was in effect for the current address and not for 4054 East Meadow Drive, as stated. f cannot attest to the validity of the complaint, f merely wish to clarify the dates and the sequence of events.
The condition of approval placed on the home occupation perrnit was a result of this initial complaint. Should this departrnent receive any further complaints, we will take every action possible to validate the concerns prior to initiating any formal action.
shouLd you wish to discuss this issue further, please feel free to contact me."^7W(L
ni"t ilr*'r, A Town Pl,anner
luwn
75 soulh tronlage road
yall, colorado 816F7
(303) 476-7000
March 1J-, l-987
oltlce of communlty development
Mr. Norman Branca
East Vail RentaLs P.O. Box L033 Vail , Colorado 81658
Dear l,lr. Branca:
?he Department of comnunity Developrnent has received nurnerous conplaints,regarding,the operation of East vail Rentals, rnc.at 5045 Main Gore Drive. The documentation associatea #itn these complaints indicates that vehicular traffic related to this business is in excess of that typically generated by residential dwellings.
Through the authority granted by section LB.58.L8o of the Town of Vail Municipal Code, citing Section 19.Sg.16O of the Municipal code, as werl as the conditions of approval stiputated on the Horne Occupation permit, I hereby revoke Lhe Horne occupation pernit issued to East Vair Rentals, so4s Main Gore Drive, effective epril 15, 1987.
The continuance of this use past April J.5, l_987 wirl constitute a zoningi vioLation.
This _ deci.sion may be appeared to the pranning and. Environrnental commission in accordance with section 18.58.i9o of the Municipal code. r have enclosed copies of arr referenced. sections of tire Municipal code for your infonnation. rf you have any guestions,please call me at 476-7OOO.
Pylman
PLanner
RP:br
Feb. 26, I9B7
Kl.CK P V.LMA N
Community Development Vail, Co.
Dear Sir,I am writing this letter to register a complaint concerning the illegal operation of a business in a re_sidential area of East Vail. Mr. Norman Branca of 5045 Main Gore Drive is operating a business known as East Vail Rentals from his home, whi-ch is adjacent to ours.It is my understanding that Mr. Branca has a permit which was issued to him at another location and then transferred to his present address by the Town of VaiL without further consideration. I do not know if his pre-vious Location was suitable flor business activity, but his present location is not now, and has never 066n,appropriate for business activity. As long time owners and residents in Vail--ours trlas one of the-first orooer-ties built in Vail Meadows--we have never had a situa-tion such as this.
Aside from the lact that this area has no commer-cial- zoning, Mr. Brancas property does not Iend itself to its present use for a number of other reasons, ameng which are:l. If the Town of Vail allows this situation to eontinue it will be establishing a precedent that could onl-y open the door to further violations of the resident-ial nature of our area.2. AII homes in this area have always been resi-dential in nature, and are either single famity or dupJ.ex.3. Mr. Brancas driveway enters Main Gore Drive in the middle of an uphiIl curve creating many hazards to passing traffic and pedestrians. Main Core Oiive is the only roadway to alI of the upper Vail Meadows Area, and also provides the only pedestrian way to the City Bus Stop and the School Buses.4, From our livingroom, which overLooks Mr.Brancas property, we have observed a substantial increase in traffic to and from his business at hours well- outside his approved operaling hours of 9am to 5pm. (on the even_ing of Feb 14, I9B7 we observed one of Mr. Brancas cusf,,om_ers get stuck trying to back out of his drivewaV onto Main Gore Drive. After about an hour of vainly trying to extri_cate the vehicle, it was necessary for them til catt tn a wrecker.)The potential for continued danger to passing ped_estrians and tralfic, along with the noiie and irritaIibn is obvious.
It is our hope, and expectation, that the Town of VaiL will correct this oversight by rescinding the license issued for the operation of a-busihesss at 5oI5 Main core
Drive. Please put us on your mailing list for any corres-
pondence concerning this dispute.
Anthony C. Romeo
5047 Ute Lane Vail, Co. 81657
47 5 4917
My wife and I will be vacationing for severa.L months.
During our absence our two daughlers uuho live in Denver,
and are part owners in our property, wiIl be available to represent our views. Thank you.
Julia Romeo FarrelI
4363 S. Quebec St.
It22r6
Denver , Co. 8O237 (3O3) 594 3244
Chandler Romeo tnleimer
1512 West JTth Ave.
Denver, Co. 802fI (lol) 433 5917
(i nno.r.el \,/ \/alrrrc
JLdrr*" C, 4"-,-"-
,'/7 t'/ ')
...'/- -t^./
t' 1'//rclrL /,)f *'ra t."2,'
5037 Ute Lane Vail, CO 81657
476-3048
February 26 | 1987
Mr. Rick Pylman
Cornmunity Development
Town of Vail Vai1, CO 81657
Dear Mr. Pylman:
It is our understanding that you issued a permit to Norman Branca, East Vail Rentals located at 5045 Main Gore Drive to operate a business at this add.ress. We are writing to express our concern and amazement that such actions was taken- -allowi.nq a business to operate in a quiet residential area.
We have observed many cars entering, departing and parked at this address from 8:00 A.M. to late in the evening:. The traffic that has resulted from this operation poses a substantial hazard, The dri-veway into the property is a blind drive during the winter months. It is extremely difficult to see cars exit-ing the driveway as one drives up Main Gore Drive toward Ute Lane. The number of cars parked on the property is uns1ighLly.The increase in the amount of traffic creates a danger to child-ren, joggers and people walking in what should be, and was, a residential area. In addition, allowing a business such as this to operate in a residential area further depresses the value of the surroundj.ng property. This should not be allowed.
In view of the above, $/e strongly protest the issuance of this permit and demand that it be rescinded.
Very truly yqurs,
. ,-1 , i ,-
fli'tn !1;^.*t V/U
LJl ,( lZ.,^,<.t
Nancy S. Mercure
R. C. Mercure, Jr.
February 27 | L987
Mr. Rick Plyman
Corununity Development
75 S. Frontage Rd.
Vail , Co 81657
Dear Mr. Pllman:
As property ovnelis and residents of East Vail it has come to our attention recently that a business is being operated out of a residence in our vacinity. We are refering to the Gerwig residence localed at
5O45 Main @re Drive in East Vail . fhe business is EAST VAIL RENTAIS
operated by Norman Branca.
Our concern is the amount of increased traffic brought on by the
business. llhile \,re vrish Mr. Branca success in his endeavors, we suggest that the business should be relocated out of our residential neighborhood,
because of the high impact of traffic on a already hazardous street.
May we add that we would prefer this area of East Vail to renain strictly
residential .
sincere Iy,
,6r.//,2,,r/
Bill and Christine Walker
5O95 Main C,ore Dr.
Vail
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2-27-87
Mr. Rick Pylrnan
Communi ty Development
75 So. Frontage Rd.
Vail, Colorado 81657
This letter pertains to a Real Estate Management business that has been established at 5045 Main Gore Dr. which is directlv across the street
frorn rny property at 5034 Main Gore Dr.
East Vail is a resldentigl neighborhood and I highly object to rhe
Town Of Vail esrablishing th" glggg!"trt of allowing businesses to be permirred in Ehis area. rn addiuion it is my undersLanding that the pernit received by East Vail Rentals states six cars per day and forty one per week. I
have been here since February 22nd and this week my estiaates have been six to twelve cars per day. This traffic increase is completeLy
unacceptable to me in this area, espe-eiaIly at this location as this hill
on Main Gore Dr. is slippery and hazardous without all this additional traffic,
I would appreciate an explanation on how all of this has happened
r+ith the strict zoning that I thought vas present in Vail.
Respectfully Yours,
"ti;'%@
5034 Mdin Gore Dr.
Vail , Colorado 81657
3os - 976.5r6q
?s *r; rop.n^>/.r/rl a-4 -/"- ,{4 c-a..t--
J--/{nlA aa, L4-2..Br .aA.' J4:4."-/- a.f foqf h/4;,) Cfu'6 a'{-,J--\
C.C. T\u/M fn6/L
P*u, JaH,Jso)
o
AIAS'(A
FLYF ISf/'NG EKPE D Ir'ONS
"Sal mon, Trout, Steel head Wilderness
March 4r 1987
Mr.
Vai I
Town
Vai I
Paul Johnsbn,:
Town Council
of Vail
, Colorado 81658
Dear PauI and
I am writing
the members
records. I,
with some of
by.:the',town
Recently approval was given to a neighbor to alrow.him to
:6i14,.;i,rtl3: commercial business out of his home. and...build an of f ice...*,ou 1."".'' and business dri.veway to park all of his companies veniclis,'
The trafflc, the noise and .,the danger that is now thrust
upon our children is just unacceptable. There are days
when upwards of twenty or more vehictes go in and out
of this residence. we arr own residential property and want
our neighborhood to remai-n just that. Many of us do.business
within our homes but not like a major property managemenr
company and it's associated maid, li-nenr. service and persone1l..
trucks and vehicles. There have been numerous cars and trucks
stuck and bl.ocking the road and they all ad toraserious probrem
that the town still has not taken care of.
PO. BOX 952, 5042 SNOWSHOE LANE, VA|L, GOLORADO 81658. U.S.A. 30347S4915
-2-
llain Gore Drive and the. hill that services the upper
end of east Vail has been the cause of many acci-dents
: , and.r:unless it is widened l7e are going to kill one of
our children. Since 19?5 I've;calledf comPlained' and ' "- -l ''-'.il:
bitched about that hill to every department that r thought '...:iiii
' """ responsj-ble enough to assis!' on two occasions I
have personally dug two of our Past town managers out
of ,!tlg,,snowbank.and o.nIv tiren. dil i:,,#,-"-t'ilyj.fleneclIbv,Prow:li
a . ; r rl-'.
tolerabfe.
we want counci-I to look into why this business ' house
construction, office constructionr driveways were approved
in our residential neighborhood' The o\"tners of this
. business and the associated governing departments have .:l .. .:...
not been very nice or cburteous and that is not acceptable
to any of us.
I trust you will see that this matter will be taken care
of before too long. When government sets guidelines
it is uP to government to police not the citizens' I
know you are a responsible man and that council should
be sensitive to our concerns and we are going to let
you all take care of this before we 9o anY further '
S incere lY '
Tom LeRoY
rl
cc; Mike Reed,
of....the.. snowbank -and only then did it '.
get.;rw'rdenecr Dy' Prew>-:i ... rt., i r-;r ': ..' ,. r';ifJ'.:*.'ii'! j-.r'.;r' . .- - : -'.,
t ::;:i':t'but it never continued. obviously this year has been ":
:
Rick Plyman
NOTICE OF APPEAL
EAST VAfL RENTALS hereby serves notice pursuant to
Section 18.58.190 of the Vail Municipal Code upon the Town
of Vail, Colorado, and its Planning Commission of its appeal
of the purported revocation of The Home occupation Permit
issued to East Vail Rentals. In the event the Town of Vail
declines to reverse the purported revocation and reinitiate
the permit without hearing, East Vail Rentals hereby
reguests The Planning Commission hold a hearing on this
decision in order to a1low East VaiI Rentals to present
testimony and evidence on its behalf.
AS GROUNDS FOR APPEAIJ and in further support of
this Notice of Appeal, East Vail Rentals states as follows:
1. The revocation is invaLid and of no effect
under Section 18.58.180 of the Vail t'lunicipal Code, which specifies the revocation may be done only by the Zoning
Administrator. The Notice of Revocation. a copy of which is
1 attached hereto and made a part hereof, marked Exhj.bit A'
\ indicd.tes the revocation was made by the Town Planner, of
\the of li.c\ of Comrnunity Development, not the Zoning
Administralor..:..\.2." The revocation was a unilateral decision
without notice to East Vail Rentals or an opportunity to
respond to the issues, charges and accusation, leveled against it by unnamed person(s).
3. The revocalion was in direct response to a
small , yeL well orchestrated group of citizens, who do not
accurately reflect the feelings, beliefs and sentiments of
the neighborhood or citizen of the Town. Publj-c statements
of various Town of Vail officials contained in an article in
"The Vail Daily", attached hereto and made a Part hereoft
marked Exhibit B, indicate those Town Officials were unduly
influenced by this group of people and made their decision
based upon public pressure.
4. The revocation was based upon undocumented
and unsubstantiated claims to which East Vail Rentals has
compiled evidence to respond to and refute at an appropriate
hearing in an orderly fashion, includJ.ng but not limited to figures i.n vehicular traffic, citizen opinions and
neiqhborhood activities .
5. ff East Vail Rentals had been given notice of
the proposed revocation and afforded even a minimal opPor-
tunily to respond, the revocation' in all likelihoodr would
not hlve been issued and East VaiL Rentals has a reasonable
probability of succeeding in having its permit restored
forthrvith upon granting of such a hearing.
6. The decision of revocation should be stayed
pending full hearing and review as East VaiI Rentals will
suffer immediate and continuing irreparable injury, the
injury is likely to continue and compound on a daily basis.
Specifically, East Vail Rentals will in effect be deprived
of its sole place of business which will cause loss of
revenue and business. Staying of the revocation pending a
ful1 and complete hearj-ng will not cause prejudice to the
Town or complainant{s) as there will be little, if any'
rental business after the ski season and these conditions
will continue into June.
7. The revocation was based upon facts which
lrere presented to the Town by interested, biased persons,
and the Town, by admission of Town employees contained in
the article from "The Vail Trai1" attached hereto and made a
part hereof, marked Exhibit C' did not investigate or make
attempt to corroborate.
WHEREFORE, East Vail Rentals reguests the fo11ow-
ing relief:
a. This appeal be heard at a hearing at which
time East Vail Rentafs wil-1 be allowed to confront its
accusers and respond to the accusations and present evidence
on its behalf.
b. The revocation of the Home Occupancy Permit
be stayed pending a resolution of al1 issues herein.
c. That the revocation of the Home Occupancy
Permit be reinstated with or with hearing.
8. The revocation is unduly burdensome
Vail Rentals especially in light of the fact that
other businesses, operate on a continuing basis in
neiqhborhood.
upon East
numerous
the
Cosgriff, Dunn E Abplanalp Registration No. L3707
Post Office Box 2299
Vail, Colorado 81658 (303) 476-7552
ril
DATED this (gt; daY of APril , L987.
EAST VAIL RENTALS. INC.
By:
STATE OF COLORADO
COUNTY OF EAGLE
ss.
Patricia Branca,
that I have read therein are true
)
)
)
r,
oath, state
the contents
and belief.
being firs;t d.uly sworn upon my the above llotice of Appeal and to the bes;t of my knowledge
Secreta:ry-Treasurer
East Vail Rentals, Inc.
I hereby certify tha! the foregoing was subscribed
and sworn to before me this (,,# aay of April , 1987.
My commission expires. Z,L\g
Witness my hand and official seal .
Patr j.cia llranca,
MNO2