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HomeMy WebLinkAboutDRB120422 PUBLIC COMMENTBill Gibson From: Susan Pachmayer <spachmayer @hotmail.com> Sent: Monday, September 17, 2012 9:29 AM To: Bill Gibson Subject: Bighorn assoc parking issue Bob, We would like to give our opinion on the Anne Upton remodel. Of the proposals offered by Ms Upton the only one that will work is the one that does not take a parking space. We have 7 spots and 8 units that need these spots resulting in a possible 16 vehicles using those 7 spots. As you can see, giving up a parking space is not feasible. Plus, these parking spots are on the association's easement and we can not give her this spot for driveway. Please consider our concerns. Thanks, Allen and Susan Pachmayer 424 Columbine Dr #4. Sent via BlackBerry by AT &T 1 Bill Gibson From: Anne Upton <annesupton @gmail.com> Sent: Tuesday, September 18, 2012 11:43 AM To: Bill Gibson Cc: St. Charles, Wendy R. Subject: FW: Bighorn Terrace and Possibility of my participating in the meeting tomorrow Follow Up Flag: Follow up Flag Status: Completed Hi Bill, An abutting neighbor of mine, Joe St. John, who owns Unit 1, directly to the north of my house asked me that I forward the following to you. Also, I am wondering if it is possible for me to participate in the meeting tomorrow via conference call technology? Thank you, Annie Stockmar Upton ---- - - - - -- Forwarded message ---- - - - - -- From: Joe St. John <jstjohn(j�fiscofunds.com> Date: Tue, Sep 18, 2012 at 1:31 PM Subject: FW: Bighorn Terrace To: Anne Upton <annesuptonggmail.com> Hello Anne- This is the email I sent to Bill... however it has Just bounced back due to an issue on my server. Please feel free to forward this to Bill as it may take me a few to now sort out my server... Best, .Joe From: Joe St. John Sent: Tuesday, September 18, 2012 1:30 PM To: 'bgibson(abvail.gov.com' Subject: Bighorn Terrace 1 Good morning Bill- I am a fellow owner of a unit at Bighorn Terrace (4200 Columbine Way, Unit 1) and wanted to voice my concern over the growing parking issues that have arisen. Our parking area is frequently choked with overflow which leads to vehicles being crammed into every nook and cranny (not to mention blocking access to my property). I was delighted to hear that my neighbor, Anne Upton, has taken it upon herself to help alleviate that problem by adding enclosed parking on her property for her use. I cannot help but see this is as a win/ win for all of the neighbors as it will ultimately free up parking spaces. I am troubled to hear that her plans have been met with some level of resistance, but this is apt to happen with any trial by committee. In regards to the process of approval, what is the best way to support this addition going through? I know that any construction in the TOV requires quite a bit of coordination, so if possible, please let me know. Best regards, Joe St. John C. 970.227.9016 Bill Gibson From: Ronda Woodall Sent: Tuesday, September 18, 2012 3:26 PM To: Bill Gibson Subject: Columbine Way - Upton Garage Project review on 9/19 @ 3 pm Hi Bill, We've met, I work with Linda Moore in the court office. I live at the end of the Columbine Way cul de sac, in the duplex next to the Ann Upton house. She wants to add a garage to her unit (duplex made into one unit) which I have no objection to. I DO NOT, though, agree with any entrance into said garage /property which would take away any current parking. We have communal access to all parking on our street; with 8 units using the current spaces we are already short! We have always worked cooperatively together to get thru the trials of parking /winter /etc. and it has worked, with only a few concerns /problems which were worked out. Please do not give approval to any plan that removes any parking spaces on the street. Our association has agreed to this as a group. Thank you very much — Ronda Woodall, Unit 2, Columbine Way, East Vail Bill Gibson From: Linda Moore Sent: Wednesday, September 19, 2012 10:25 AM To: Bill Gibson Subject: Information for today meeting Attachments: BIGHORN ASSOCIATION HISTORY.doc; BIGHORN ASSOCIATION PARKING OVERVIEW.doc; BIGHORN POSITION COLUMBINE WAY.docx Hi Bill, Please see attachments. Most of my neighbors are literally out of the country. I intend to be there this afternoon. Linda Bighorn Sanitation and Recreation District /Association History The District /Association actually pre -dates annexation by the Town of Vail as the association can trace its inception to the first condominium building in East Vail at 4167 Columbine Drive. Following the development of that building AKA Building A, Building B at 4207 Columbine Drive was constructed as well as duplexes along Columbine Drive, Bighorn Road (then known as US Highway 6) and Columbine Way between the years of 1964 and 1967. By the end of the build -out, there were 42+ units. The development's physical design reflected the spirit of the 1960's of duplexes and multi -unit structures sharing common amenities including but not limited to parking, the Pond and land surrounding the water, maintenance and upkeep of the common areas. Legally similar to the concept of the co- operatives of the Northeast, while deeds of trust were issued, private property lines and common areas merged for the overall well -bring of the Association and its shareholders in the spirit of a collective. Ted Stockmar, one of the original owners on the cul -de -sac was also one of the authors of the by -laws and other legal instruments concerning the Association. A lawyer by profession with a practice dedicated to land -use, mineral rights and extraction, Ted understood private property rights yet was a vocal proponent of the shared co -op ideal personified within the Association from parking to maintenance to common areas and snow storage. His desire for a co- operative and collective development survives today as not only a historic enclave within the Town of Vail but also as a fiscally conservative association, one where snow removal and maintenance costs are borne from income generated from Association property and astute investments of capital over the years. 4205 Columbine AKA The Skate House was the original "model home ", sales center and warming -hut adjacent to a private pond owned by the Association. In the mid 1980s, the Association members agreed to take advantage of the structure and convert it to two (2) residential apartments, an upper 2 bedrooms and lower 1 bedroom which have been rented on annual leases. The revenues flow to the BSARD which is a legal corporation. The "shares" of the corporation (42) represent the 42 "real estate entities" (units). Each share has equal voting and privileges, is not salable, transferable assignable except as an attachment to the unit(s) it represents. The BSRDA files annually with the IRS and CO DOR as a C Corporation annually paying taxes at the prescribed C corporate rates. The Corporation does not pay cash or in -kind dividends and operates solely to maintain its business structure in the business of managing, maintaining and enhancing its rental real estate for the pro -rata benefit of the shareholders. The Corporation does not anticipate any changes of operation, structure or acquisition in the future. Twice in its history it has requested, after a majority vote of the shares, an additional capital contribution which while not enforceable against the shares, BSRDA could and did in one case file a lien against the property (on which the shares transfer) and the lien was enforced some 18 years later when the property changed hands. BSRDA would not and cannot condone any action by any individual owner(s) that would be detrimental to any other owner(s) or collectively to the association. Over its history, disputes and disagreements have been worked out numerous times in the best sense of compromise and common good. We see no reason as the current officers, directors and members that this will not continue. The Fire Station: On the location of the present Vail #1 Fire Station was land owned by the Bighorn Sanitation and Recreation District and used as a septic field from 1963 to the early 1970's. In the early 1970's when Association properties were connected to the municipal sanitary sewer system, the lot was sold for approx $30,000 ($169,000 in 2012 Dollars) to the Town of Vail for the purpose of constructing and operating a Fire Station to service the newly annexed neighborhood of East Vail. Due to the wisdom and foresight of Ted Stockmar, the Deed of Trust includes a Reverter Clause allowing the Association to regain ownership of the land and structure if the Fire Station ceases to operate. The Reverter was noted in the late 1990's when the Town of Vail contemplated relocating the Fire Station from the existing location. To this day, the station continues to operate. As noted prior, at present the Skate House provides two rental units producing income to the Association. This provides funds for rental maintenance and collective snow removal from common areas for the members of the Association. Due to the management and participation of the 42 homeowners, individual owners DO NOT pay for snow removal or Association common area maintenance and upkeep. A rarity in Vail and an amenity for the owners. The Present: The Association has one general meeting per year, usually in June when all Association members are invited and encouraged to attend. In addition to a Board of Directors which is voted upon annually, there are additional officers, review of the books and capital investments in Bonds and CD's to insure preservation of capital and to provide additional income from investments. For those who do not attend the meeting, there is a proxy system to insure a quorum is present and to conduct all business legally and ethically. All members are provided with Minutes of the meetings as well as financial statements of the Associations financial holdings. Of note, owners DO NOT provide capital to the Association. All revenue generation is from the Skate House benefitting all owners equally. Concerning maintenance and upkeep of the common areas, owners provide their labor and expertise gratis for the betterment of the overall community in keeping with the historic tenants of the Bighorn Sanitation and Recreation District. The Association works diligently for the benefit of all its members. From maintenance and upkeep to snow removal and capital improvements, the Association has handled these matters in an inclusive and professional manner. The Association and real- estate are both historic and unique within the Town of Vail. While the trend continues towards private property orientation, individual responsibilities and delineation of private property, the Association common areas and overall co- operative investment continues and has been embraced by owners with no desire to change. Bighorn Terrace Parking Overview Historically the homes accessible from Columbine Way (a private drive) have shared parking since the development of the subdivision dating back to 1963. The units were constructed to be accessible from a common easement including communal parking areas. Historically parking has NEVER been assigned. When the subdivision was developed the proliferation of cars was limited as most households were limited to one car. In the early 1980's the easement known as Columbine Way was converted from gravel to pavement and maintenance and upkeep has been the responsibility of the Bighorn Sanitation and Recreation District. At present only one home within the Bighorn Sanitation and Recreation District has a garage which was constructed within the existing footprint of the structure. All other surface parking continues to be communal. During peak winter periods, parking can be an issue especially concerning guest and transient parking during peak weekends. The owners and residents fronting Columbine Way have and continue to work together to facilitate parking for all residents and guests. The subdivision is unique within the Town of Vail. With few exceptions the homes have retained their facades and size. The landscaping is kept in a natural state. Owners and renters are made aware of the parking constraints. While the parking situation may be considered cumbersome for a few, the collective Association continues to maintain the status -quo and an overwhelming majority of Association members wish to retain the parking design as is, a design which places a premium on the beauty of the environment and design versus additional allocation of unimproved land area to be used for additional parking for those few days of congestion. Columbine Way Position on Upton Garage Proposal The development of Bighorn Terrace on Columbine Drive and Columbine Way (private drive) in east Vail has existed since the mid 1960's. A document submitted describes the association and how it was structured and has operated during the almost 50 years since its inception. PARKING CONSIDERATIONS For those who live in the area year around, there is an informal but effective process in place that works quite well. There might be an occasional challenge but it gets resolved. Those who manage the end of the cul de sac do an exceptional job and should be recognized as the good neighbors they are. I would challenge everyone to participate in the "day in day out" parking operation. A lot of communal good deeds happen that benefits the cul de sac community that should be recognized and celebrated rather than an attitude of mine, mine, mine. The occasional occupant (owner or guest) needs to be sensitive to what it takes to make this work on an ongoing basis. There are eight units that currently use the area in discussion. (Units 23 and 6 are not included) Conventionally, two cars per unit is not excessive. However, there are only eight spaces, averaging one per unit. Clearly, folks have to be flexible and thoughtful. This has worked for almost 50 years. To eliminate or encumber even one space is not acceptable in an already taxed situation. Flexibility is essential to the use in this parking area. The parking area is an open easement. No one owns any space. We can not afford to give up any space to one person's interest. Snow accumulation, even when Allen Pachmayer and Joe Skolasinski shovel religiously, typically results in the encroachment and loss of at least one space during the winter months. (Al and Joe do this as good neighbors and clear the perimeter of the parking area after each snow fall. They are not compensated. Those of us who live full time in the area truly appreciate this effort.) UPTON GARAGE PROPOSAL Part of the deck and planter in front of the Upton house currently sits on the original parking easement. A parking space has already been encumbered. It has been suggested that the access be through this front deck /planter area. One such plan was submitted. This design alternative, in terms of access, has the support of the adjoining neighbors. The other designs encumbering a parking space strongly do not. Suggestion to put a garage or carport on this front deck area has been made. Or, utilizing the existing footprint of the house, possibly the north side, was another suggestion. One other property (units 7 & 8) has combined two units to make one house used the existing footprint to incorporate a garage. Other parts of the association have their respective concerns. Building A and Building B will express their position to the Town of Vail review process. Bill Gibson From: josephas @aol.com Sent: Wednesday, September 19, 2012 10:53 AM To: Bill Gibson Subject: Upton Garage Proposals Bighorn Terrace Attachments: Building_A_Position_Final.pdf Mr. Gibson: Please pardon the interruption. As representative of 4167 Columbine Dr. aka Building "A" within The Bighorn Sanitation and Recreation District, I wish to file the following letter (attached) objecting to applicant's plans concerning a private garage. To paraphrase, Building A would be willing to review any and all proposals taking into consideration the following parameters: 1) All access shall be from existing paved /improved non - porous easements and /or R -O -W aka Columbine Way. 2) Private parking shall be within the existing improvement area of applicant's residence including decks and other adjacent physical improvements. Unfortunately at present all plans submitted by applicant do not meet the parameters as noted above. Thus Building A representing 8 of 42 members of the Association cannot support plans as submitted to date. Thank you, Joseph Sobin 303 - 377 -2275 Bighorn Sanitation and Recreation District Building A aka 4167 Columbine Drive Joseph Sobin, Representative 266 Harrison Street 4167 Columbine Dr #3 Denver, CO 80206 Vail, CO 81657 303-377-2275 970-476-2537 September 19, 2012 Mr. Bill Gibson Community Development, Town of Vail Vail, CO 81657 RE: Upton Proposal(s), Bighorn Terrace #25 &26 aka Columbine Way At the present time Building A (4167 Columbine Drive) of the Bighorn Sanitation and Recreation District cannot endorse any of the multiple plans submitted for a garage addition. We appreciate the time applicant's legal counsel has spent concerning the proposals for the proposed garage addition. Due to numerous concerns and objections from Association members, we cannot in good faith support the plans as presented. All discussions to date have been in the abstract and conversational. Collectively we (the Association) have attempted to work with applicant and their legal counsel pertaining to applicant's wishes. However upon discussion and input from owners within Building A, our approval will not be forthcoming as noted above. Please note we understand applicant's frustration concerning the parking limitations within Bighorn Terrace. As discussed with applicant, the planning and design of the community dates to the early 1960's when vehicular use was less AND there was a spirit of neighborly cooperation which continues to this day. While the existing design of the shared parking may not be optimum for the 215` Century, Association members have worked together in a cooperative spirit to optimize our existing assets AND preserve the design of the subdivision as one of the true historic neighborhoods within Vail, Colorado. All Association members are aware of the design and the perceived limitations concerning parking. However no one has ever been forced to purchase within our Association and of course those who do not wish to reside within the design of the subdivision are welcome to divest of their real estate and by Deed, Association affiliation. Of note applicant's father (Ted Stockmar) from whom applicant received property through descent was a vocal proponent of the design of Bighorn Terrance. Mr. Stockmar owned multiple units and according to the Minutes of past Annual Meetings of which he chaired many, not once had he complained about the parking situation on record. As representative of Building A, I wish to assist all members of the Association of which applicant is a member. If applicant desires to construct off - street private parking associated with her unit, Building A would be willing to review any and all proposals taking into consideration the following parameters: 1) All access shall be from existing paved /improved non - porous easements and /or R -O -W aka Columbine Way. 2) Private parking shall be within the existing improvement area of applicant's residence including decks and other adjacent physical improvements. Reviewing the situation with other Association members it seems possible with the correct design to park one to two automobiles in the following areas: East -Deck: The east -deck of your residence is shielded by overgrown foliage and a low - wall constructed from railroad ties. This area could easily be converted to parking for one to two cars within your existing improved area i.e. the deck and NOT impact other Association owned parking spaces or existing unimproved land area (owned by the Association and Private). This area could easily facilitate an open carport design or full enclosure and as a bonus add substantial deck area off the 2nd level of your residence capturing passive solar and views of the Gore Range. North -Side: With removal of the chimney and shed there is ample space for two automobiles to be parked in tandem adjacent to your residence. The area presently supported by cinderblock foundation and could be converted to parking. As a planner myself, I personally understand there are cost and design issues. However, applicant's existing plan which requests the addition of an expansive driveway with radiant heat and other improvements negatively impacts multiple many shareholders for the benefit of one. The only other residence within the Association with a garage designed access from the paved easement known as Bighorn Terrace AND designed the garage within the existing structure thus not impacting any neighbors OR paving over natural landscaped areas. As a Board Member of the Association I wish to facilitate the wishes and desires of all members. Applicant is a valued member and I believe we have offered guidance above concerning applicant's wishes for private parking AND solutions to eliminate adverse impacts to applicant's neighbors and fellow Association members. Respectfully submitted by, Joseph Sobin Bighorn Sanitation and Recreation District Board Member Representing Building A aka 4167 Columbine Drive.