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HomeMy WebLinkAboutMJG Trust License agreement 101012 Packet TO: Vail Town Council FROM: Community Development Department DATE: October 16, 2012 SUBJECT: A request to enter into a license agreement with MJG Trust for existing private improvements (roof overhang & utility cabinet) on town-owned Tract B, Vail/ Lionshead Third Filing, adjacent to 765 Forest Road/ Lot 8, Block 2, Vail Village Sixth Filing, and setting forth details in regard thereto. Applicant: MJG Trust Planner: Rachel Dimond I. DESCRIPTION OF REQUEST • Permission to enter into a license agreement with the Town of Vail for use and maintenance of town property for an existing roof overhang and utility cabinet. • License agreement would grant the Town the ability to revoke the license at any time with notice II. BACKGROUND • Subject property was granted a side and front setback variance for the garage in April 1981, with garage permitted to be built one foot from west property line. • A building permit was granted to allow an 18 inch roof overhang on the garage, which would encroach onto adjacent town property. • The building was built and approved within 0.42 feet from the property line, with roof overhang and utility cabinet encroaching onto adjacent town property. • No license agreements were required for encroachments in 1981. • Subject property received design review and building permit approval in 2012 for improvements to the property, including reroof of garage. III. RECOMMENDATION The Vail Town Council shall approve, approve with conditions, or deny the applicant’s request to enter into a license agreement with the Town of Vail for use and maintenance of town property for a roof overhang and utility cabinet. Should the Vail Town Council choose to approve the applicant’s requests, Staff recommends the Council pass the following motion: Town of Vail Page 2 “The Vail Town Council, on behalf of the property owner, approves the applicant’s request to enter into a license agreement for a proposal to maintain private improvements (roof overhang and utility cabinet) on the Town of Vail owned town-owned Tract B, Vail/ Lionshead Third Filing, adjacent to 765 Forest Road/ Lot 8, Block 2, Vail Village Sixth Filing, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve the applicant’s requests, Staff recommends the Council include the following condition: “The license agreement shall include a clause that allows the license to be revoked by the Town of Vail at any time for any reason, thus requiring the encroachments to be removed.” IV. ATTACHMENTS A. Vicinity map B. Survey C. Photos of improvements on town property AREA OF ENCROACHMENT W FOREST RD Subject Property 0 50 100Feet V a i l V i l l a g e F i l i n g 6 , B l o c k 2 , L o t 8Vail V i l l a g e F i l i n g 6 , B l o c k 2 , L o t 8 (7 6 5 F o r e s t R o a d )(7 6 5 F o r e s t R o a d ) This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.(where shown, parcel line work is approximate) Last Modified: October 10, 2012