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HomeMy WebLinkAboutVAIL LIONSHEAD FILING 1 BLOCK 1 LOT 3 VAIL 21 CONDOS 2006 PARKING ISSUES LEGALElisebetlr !?eed- Re: Vail 21 Parkinq lssues 1 From: Elisabeth ReedTo: Stewart McNabDate: 1011212006 1:46:02 PMsubject Re:Vail2l Parkinglssr.reo l,tf E, Bttgl,V*lt ttcElEtD tS fl$Si- Hefro, Mr. McNab: 521 v' uoxirra.o asctE After some discussion with Staff this morning regarding your questions, the Town would like to clarify that Vail 21 was developed with no parking for their sole use on their own property, so to receive Temporary and Final Certificates of Occupancy from the Town, they were obligated to find it from a another source. At the time, Vail 21 chose to use the propefi to the north, a parking structure which was owned by a separate owner, who agreed to provide Vail 21 the appropriate number of parking spaces at that time. They received parking leases from that owner to occupy/utilize the required number of spaces (27 spaces were allocated to Vail 21 at the time of Certificate of Occupancy). The Vail Town Code does not regulate the parking structure owner's right to adjust lease/rental rates for those parking spaces; nor does it obligate the owner of the parking structure to fulfill Vail 21's parking requirement in perpetuity. lf Vail 21 is no longer able to obtain parking from the parking structure owner, Vail 21 is obligated to find another source/location for its required parking. However, the loss of paking for Vail 2'l and the inability of Vail 21 to provide its own required parking constitutes a violation of the Town's zoning regulations and may result in the Town of Vail taking enforcement action. Let me know if any outstanding questions remain. The Town's stance on this issue will not differ from what has been outlined here. Regards, Elisabeth E. Reed Planner ll, Town of Vail 75 S. Frontage Road Vail, CO 81657 97O.479.2454 ofc 970.479.2452tax >>> "Stewart McNab" <SMcNab@cksmb.com> |U1AOO 7:16 AM >>> Ms. Reed: Thank pu for fonrarding me your August 30, 2006 email to Bill Walker, which I now understand to be the ToV's response to my August 1, 2006 letter regarding parking issues at Vail 21. I have some follow up quesiions. First, as I mentioned in my letter, the commercial uses in the Vail 21 building have changed since the building was first opened. Have the parking requirements changed as a result of the expanded uses, and, if so, what are they now and what parking spaces were presented to the ToV as meeting the requirements of the parking ordinance when the associated building permits were issued? In a related vein, have the owners of the parking structure received any permits of the type called for in Vail Town Code Section 12-10-17 B.? - Re:lssues 2 Second, does the ToV only enforce the requirements of the parking ordinance when there is an application for some change in use? That is the conclusion I draw from lour email to Mr. Walker. lf I am mistaken, under what circumstances does the ToV take enforcement action? Finally, I am also a little confused by some statements in lour letter. You state: 'the Town has no preference regarding lhe localion of the parking spaces required of Vail 21" and 'the Town cannot dictate that the owner of one parcel of land provides parking for the owners of another parcel of land." Those conclusions appear to be at odds with the wording of Vail Town Gode Section 12-10-17 A., quoted immediately above. The code section appears to prevent an owner [here ihe owners of the parking struclurel from renting parking spaces to persons other than to those for whom the spaces are required to be provided by the ordinances [here, the owners of the units in Vail 21]. It cannot be disputed that the parking structure was consfucbd at the insistence of the ToV to provide parking for the Vail 21 owners, among others. ls it ToV's position that, despite that fact, the owners of the parking structure are no longer required to provide parking spaces to the Vail 21 owners? lf so, when did thai obligation end? Thank pu for llour assistance. lt would simplify things enormously if you could respond directly to me. Also, I am happy to talk with you or anyone else at the ToV about my questions and the issues generally ff you would like to call. Stewart McNab Carver Kirchhoff Schwaz McNab & Bailey, LLC 1@0 Stout Street, Suite 1700 Denver, CO 80202 303-893-1819 fax 303-893-1829 CARVER KIRCHHOFF SCHWARZ MCNAB & BAILEY, LLC A'rroRNEYs AT LAw STEWART MCNAE DrREcrDr^r- 303.893. | 819 smcnob@ckmb.com August 1, 2006 Ms. Elisabeth Reed Planner Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Vail21 Condominium Parking Dear Ms. Reed: As you may recall from our earlier conversation, I represent the Vail 21 Condominium Association ('V21CA') in connection with the parking situation for its members. I write to you because of our previous communications and because I know you have some familiarity with the issues. At the same time, I am sending a copy of this letter to Susie Huxford, Vail's Code Enforcement Officer, because this letter is a request that the Vail Town Code ('VTC") off-street parking provisions be enforced. The Vail21 condominium building was constructed in 1972. The developers/owners were a group headed by Charles Rosenquist and Richard Brown. Then, as now, ToV required that parking be provided for new buildings within the Town. The developers had agreed with Vail Associates, from which they purchased the real estate, to construct a joint-use parking structure on an adjacent parcel to accommodate the parking demands of the Vail 21 , Lift House and Lionshead Arcade condominiums. The parking structure was constructed by the RodenquisVBrown group as well as by Robert Lazier, the developer of the other two condominiums. lt is currently owned by Lazier and his wife (owners of an undivided one-half interest) and by Lady Belle Partnership, LLLP (successor to Rosenquist) and Brown, who together own the other undivided one-half. The building permit for the Vail 21 building (issued July 31 , 1972), specifically recites that 58 off-street parking spaces were to be provided. Correspondence in the ToV's file establishes that the residential units in Yail21 could not be occupied before the parking structure had been completed. The Vail 21 building has 19 residential units, so underVTC 512-10-10 and 11, twenty-seven parking spaces (19 x 1 .4=26.6) must be provided to accommodate the off-street parking needs of those dwelling units. Presumably, the remaining 31 spaces were to be provided to the owners of the commercial units in Vail 21 pursuant to the claimed uses and the parking requirements contained in the same Code section. HuDsoN's BAy CENTRE " | 600 srour SrREEr, Su|rE I700. DENVER, CoLoRADo 80202 M^rN 303.893,1815. t^x 303.893. | 829 Ms. Elisabeth Reed August 1,2006 Page 2 of 3 CnRVER KIRCHHOFF ScHwnnz McNAB & BAILEY, LLc Currently, the owners of the parking structure make only 14 spaces in the parking structure available for Vail 21's residential units, by leasing them to V21CA. All but 2 of the commercial units in Vail 21 are owned by Richard Brown and Lady Belle, who assert control all of the spaces intended to be for the use of Vail 21 unit owners and lease them out at their discretion. Furthermore, Brown and Lady Belle have indicated through their lawyer (January 13, 2006, letter attached), that they do not plan to continue to offer the few spaces they now lease to V21CA beyond the next four to six years. V21CA believes that Brown and Lady Belle lease the spaces withheld from its members to other users. This situation is in violation of at least two sections of Chapter 10 of the Vail Town Code. First, to avoid the possibility that a developer will create off- street parking spaces to get occupancy approval and then use them for other purposes, the off-street parking ordinance provides: Off-street parking and loading facilities used for off-street parking and loading on the effective date hereof shall not be reduced in capacity to less than the number of spaces prescribed in this chapter, or reduced in area or number to less than the minimum standards prescribed in this chapter. VTC S 12-10-3. By withholding spaces from V21CA residential units and commercial units they do not own, the owners of the parking structure have effectively reduced its capacity below the standards of WC 512-10-10. V21CA suspects that Brown and Lady Belle have reduced the capacity of the parking structure in two other ways. First, V21CA believes that some of the commercial uses now in existence require more parking under VTC $12-10-10, than those contemplated when the building was constructed. Second, Brown and Lady Belle have changed to commercial uses space in the Vail 21 building which was not even planned for commercial use when the building was constructed. Those changes were not accompanied by the addition of parking spaces in the parking structure. In addition, VfC S 12-10-17 prevents the leasing of spaces'to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the zoning ordinances or regulations of the town" without a permit. V21CA is unaware of any such permits being issued for the parking spaces Brown and Lady Belle are withholding from its members. The owners of the parking structure are not entitled to such permits based on the criteria set forth in the Code. In light of the foregoing, V21CA hereby requests that ToV enforce the above quoted ordinances as they relate to the parking structure adjacent to the Vail 21 building. Specifically, V21CA requests that ToV require that the owners of the parking structure provide to those V21CA members who do not have an ownership in the structure, all of the off-street parking spaces to which those members are entitled. Any non permitted (and unqualified) leasing of spaces in the parking structure must be stopped. ftE.. T. Atrr|t od/nredu Coltu&lfion,ug St:phca L Browa JohDA.Mclth0r]r 1959{l E. Mrlnrtrcctr Sultc 107 Prrkcr, Cobredo t0138 Phonc: 3llll-&fl-9525 Frx:3113{41-{lttl db@prrLcrlrx4fcn co[ January 13,2006 Dave Gottenborg (Via E-mail) Re: Pa*ingkase Dear Dave: I am conccrned that parking lease expectations hav€ cntcrpd into the land exc.hange discussions, partiorlarly afler our recent lunch with you, Dick Brown and me. At that lunch it was my undcrstanding tbat the land cxchange tansaction was ard should be separate and apart from parking expcctations of Vail 2l properl.] ownerc. When you scnt me your proposed 60-year parking lcase, I realized that I must have been mistaken. It is my prupose in this letter to set forth Brown and l"ady Belle's intentions with r€spect to their parking strustut, and then see whether it is worth moving forward with the land exchange Dick Brurm and Iady Belle wish to continue to provide parking to resi&ntial owners of the Vail 21 Building, as they have done for over thirty ycus, but will not do so in lcgal form that would encumber their property or limit or restrict their options with respect to development or future sale of the propefty. Such restrictions would include a uritten long-term lease, granting of options to purchase or ganting of dghb of first r€fusal. They have the present intent of redeveloping the parking stnrctnre wittrin four to six years, and then leasing or sclling pa*ing spaces at market value. Until such time as the stntchrc is redcveloped orsold, Brown and [.ady Bclle intcnd to continue Foviding parking to the Association and continue working positivety with the Association as they have done in the past. In light of the above, I hope that it makes sense for all concerned to mov€ for*ard with the land exchange agr€ement. Pleasc advise. Sincerely, cc:RichardN. Brcwn Ms. Elisabeth Reed August 1, 2006 Page 3 of 3 CRNVTR KIRCHHOFF SCHWARZ McNAB & BAILEY, LLc lf you have any questions about the facts or about what V2lCA is seeking, or if I can provide any further information, please feelfree to contact me. I look fonrtrard to hearing from you. Susie Huxford, Town of VailCode Enforcement Officer Y ail 21 Condominium Association Re: August 30, 2006 Mr. Bill Walker BillioO31 @hotmail.com Dear Bill, Thank you for your palience while Town Staff discussed the issues being considered regarding the Vail 2l parking situation. The primary problem for Vail 21 arises from the separate ownership of the joint parking structure. Though the structure was constructed with the intent, or "an agreement", to provide spaces for Vail 21 and other buildings (according to the letter from Stewart McNab dated August 1'2006), the currenl owner(s) of the parking structure have conveyed the spaces otherwise, according to your conespondence with me. The Town has no jurisdiction to force the ownerc of the parking structure to provide required parking spaces for the ownem of other developments, in accordance with the following section of the Vail Town Code: 12-1617: LEASTwG OF PARKING SPACES.' A. General: No owner, occupant or building manager, or their respective agent or reprcsentative, shall lease, rcnt, convey or rcstrict fhe use of any paffing space, spacos or area to any person other than a tenant, xcupant or user of the bullding for which the space, spaces or anea arc rcquircd to be provided by the zoning ordinances or rcgulations of the town except as may be speciftcally prcvided in this secf,br. The Town acknowledges lhat Vail 21 received a Certificate of Occupancy from the Town of Vail building department in 1972, which was granted based on the completion of the joint parking structure. However, the Town has no preference regarding the location of the parking spaces required of Vail 2'1. Al the time of the Certificate of Occupancy issuance, Vail 2't was able to prove that its required number of parking spaces was being met in the joint structure thereby satisffing the zoning regulations of the Town of Vail at that time. However, please be aware that if any application is submitted today which requires review by the Town of the parking requirements for Vail 21, the development will be required to prove that its cunent and/or proposed parking requirements are still being met, either in that locale (via a private lease agreement) or via the Town's pay{n-lieu system. Again, the Town cannot dictate that the owner of one parcel of land provides parking for the owners of another parcel of land. lf you find that such a scenario is occurring now, the Town will deem it a civil matter to be resolved in court. Please let me kngwiflhere is anything else that I can help with at this point.),.'. $$ bf;IU Reed CARVER KIRCHHOFF SCHWARZ McNAB & BAILEY, LLC ATTORNEYS AT LAw SIEWART MCNAB DTRECTDTAL 303.893.18 1 9 smcnob@cksmb.com August 1, 2006 Ms. Elisabeth Reed Planner Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Vail21 Condominium Parking Dear Ms. Reed: As you may recall from our earlier conversation, I represent the Vail 21 Condominium Association (1/21CA") in connection with the parking situation for its members. I write to you because of our previous communications and because I know you have some familiarity with the issues. At the same time, I am sending a copy of this letter to Susie Huxford, Vail's Code Enforcement Officer, because this letter is a request that the Vail Town Code ("VTC") off-street parking provisions be enforced. The Vail21 condominium building was constructed in 1972. The I developers/owners were a group headed by Charles Rosenquist and Richard Brown. Then, as now, ToV required that parking be provided for new buildings within the Town. The developers had agreed with Vail Associates, from which they purchased the real estate, to construct a joint-use parking structure on an adjacent parcel to accommodate the parking demands of the Vail 21 , Lift House and Lionshead Arcade condominiums. The parking structure was constructed by the RodenquisUBrown group as well as by Robert Lazier, the developer of the other two condominiums. lt is currently owned by Lazier and his wife (owners of an undivided one-half interest) and by Lady Belle Partnership, LLLP (successor to Rosenquist) and Brown, who together own the other undivided one-half. The building permit for the Vail 21 building (issued July 31 , 1972), specifically recites that 58 off-street parking spaces were to be provided. Correspondence in the ToV's file establishes that the residential units in Yail21 could not be occupied before the parking structure had been completed. The Vail 21 building has 19 residential units, so under VTC 512-10-10 and 1 1 , twenty-seven parking spaces (19 x 1 .4= 26.6) must be provided to accommodate the off-street parking needs of those dwelling units. Presumably, the remaining 31 spaces were to be provided to the owners of the commercial units in Yail21 pursuant to the claimed uses and the parking requirements contained in the same Code section. HuDsoN's BAy CENTRE. l6cn Srour SrREFr, SurrE l70O " DENVER, CoLoRADo 80202 MA|N 303.893. | 815 . FAX 303.893.1829 Ms. Elisabeth Reed August 1,2006 Page 2 of 3 CNRVCR KIRCHHOFF SCHWNRZ MCNAB & BAILEY, LLC Currently, the owners of the parking structure make only 14 spaces in the parking structure available forVail 21's residential units, by leasing them to V21CA. All but 2 of the commercial units in Vail 21 are owned by Richard Brown and Lady Belle, who assert control all of the spaces intended to be for the use of Vail 21 unit owners and lease them out at their discretion. Furthermore, Brown and Lady Belle have indicated through their lawyer (January 13, 2006, letter aftached), that they do not plan to continue to offer the few spaces they now lease to V21CA beyond the next four to six years. V21CA believes that Brown and Lady Belle lease the spaces withheld from its members to other users. This situation is in violation of at least two sections of Chapter 10 of the Vail Town Code. First, to avoid the possibility that a developer will create off- street parking spaces to get occupancy approval and then use them for other purposes, the off-street parking ordinance provides: Off-street parking and loading facilities used for off-street parking and loading on the effective date hereof shall not be reduced in capacity to less than the number of spaces prescribed in this chapter, or reduced in area or number to less than the minimum standards prescribed in this chapter. \ffC S 12-10-3. By withholding spaces from V21CA residential units and commercial units they do not own, the owners of the parking structure have effectively reduced its capacity below the standards of WC 512-10-10. V21CA suspects that Brown and Lady Belle have reduced the capacity of the parking structure in two other ways. First, , b V21CA believes that some of the commercial uses now in existence require more IA.,'l' . parking under VTC S12-10-10, than those contemplated when the building was lF tt / t,lt'^^- ^.,-I ^,'-, .r^^^-r Fr-^..,- --r | -r., r'^r^ L^.,^ ^L^-^^-r l^ ^^--^,^:^r .,^^^ ^ / ,.4 -' '-" -0 ',/constructed. Second, Brown and Lady Bell e have changed to commercial uses space.ln n tll #*fi,,'-l' in the Vail 21 building which was not even planned for commercial use when the building was constructed. Those changes were no!aecompanied by the addition of parking spaces in the parking structure. - /Ptt//'/{/ : ln addition, VIC S 12-10-17 prevenfs the leasing of spaces "to any person other than a tenant, occupant or user cf the building for which the space, spaces or area are required to be provided by the zoning ordinances or regulations of the town" without a permit. V21CA is unaware of any such permits being issued for the parking spaces Brown and Lady Belle are withholding from its members. The owners of the parking structure are not entitled to such permits based on the criteria set forth in the Code. In light of the foregoing, V21CA hereby requests that ToV enforce the above quoted ordinances as they relate to the parking structure adjacent to the Vail 21 building. Specifically, V21CA requests that ToV require that the owners of the parking structure provide to those V21CA members who do not have an ownership in the structure, all of the off-street parking spaces to which those members are entitled. Any non permitted (and unqualified) leasing of spaces in the parking structure must be stopped. ffio trzBt {- fil U Ms. Elisabeth Reed August 1,2006 Page 3 of 3 CRRVCN KIRCHHOFF SCHWNNZ MCNAB & BAILEY. LLC lf you have any questions about the facts or about what V21CA is seeking, or ff | can provide any further information, please feel free to contact me. I look forward to hearing from you. Susie Huxford, Town of VailCode Enforcement Officer V ail 2'l Condominium Association 1 Herold.d Turtletaub 610 West Lionshead Circle Vail, CO 81657 (970) 476-s26s August 9,2006 Town ofVail Legal Departrnent 75 S. Frontage Road West Vail, CO 81657 Re: Vail 2l,#il3 Dear Sir/t ady; II{ My wife and I are 5(P/o ownen ofthe above pnoperty and have been so since 19E9. From the commencement of our ownership to the present we have been using the parking facility to the rearofVail 21. Theownersofthatparkingstnrcturehaverentedparkingspscetoour condominium associetion since 1972 or 1973 when the parking stnrctre and Vail 2l was constructed. Approximately six months ago during a confererrce of certain ovmers of Vail 2l and owners ofthe parking structur€ (who are planning to dernolish tlp parking shuctrre and consfruct a new one), the larvyer fc th owners oftbe pcking sfwar€ relrted any fuhne rrmgffi for the owners to park in th new struchr€. Thereafter a fery of tb owners researchod the Town of Vail reconds going back to 1972. To their arnazcNnent dld shoch the rccords revealed that the tovm of Vail roquired the developer to 'lrovide" I .4 spaces of parking for each residential owner knto cmiryVail 21. Forryprurimdely 34 yers'thc devehpctshtvc llected rent Aom tte doanrs of rmit orvners. Frrtbermqe, |hG developers idmd to it owners tom access to the planned new parking strrchre. The collectiott of rent was ille$l in its inception and in violation ofthe Town ofVail's @gldition allowing the developer's to costrrrt Vail 2l 'm 1972. A grding of r pcrmil b itr tsc finrc b dcmolirh the parking stnrctne and build a new stnroture, withan povidim for prking for Vail 2l omss' would violate vested and existing rights of unit owners. I would qpreciare you advising re whd the To*l of Vail intends to do abo* the pric actions of the developers and finther, what pr*otitn lhe Torvl of Vail will give to uit wners in the firhre. fu/+o () ts z, z, rn TJ Ia\tr hol,i l\Jst:t- I Harold A. Turtletaub JrurT.Amrt&tJ'dnCobte&Dfiq Stcphcl L Brum tggfll E Mrlnrtrrct' Sulb lO7 Prrtcr, Colondo t0l3t Phonc: 3(&tlt-91fi15 Flr:3llt-t{l-0ttl db@partcdrwy.Bcon January 13,2006 Dave Gottenbory flia E-mail) Re: Pa*ingl*ase DecDaw: I am conccrnod that parking l€ase ocpootations havo €ntcr€d into the land orclangc discussions, particularly aftcr our reccnt lunch with you, Dick Brovm urd me. At that lunsh it was my undErstailling lhat&e lsnd exchange tansaction wus and should be separate and spart fiom porking expcctations of Vail 2l propcrty owrrs. Whcn you sent me yow proposed 6Gyear parking lease, I rcalizcd that I must bave bccn misbken. It is my purpose in this letter to set forth Brovm ard lady Belle's inlentions wift rcspect to their parking strucnre, and then sce whether it is worth moving forwud with the land orclrangc. Dick Brown and Lady Belle wish to continuc to provide parking to rcsi&mial owuers of the Vail 2l Building; as they have donc for ovcr thirty years, but will not do so in lcgel form that would encumber treir propcrty or limit or restriot their options with rcspect to dcvelopment or future sale ofthc propcrty. Srrch restrictions would include a nniuen long-tcnn lease, granting of options to purchase or grantiqg of dghtr of first rcfusal. Tbey have the present intent of redeveloping the parking srucrure within foru to rix years, and then tcasing or selling parking spaccs at market value. Until sucb timc as the struotur€ is rcdcveloped or sold, Brown ard l,ody Bclle intard to continue prcvidingparkingio thc Associationaldoominuc wortingpositively with the Association as they harrcdone in the past. In ligbt of tbc abovc, I hope thnt it makes sense for all concerned to movc forward with the land o<change ag€qnent. Pleasc advise. Joh. A lficl\hD.n Sinccrely, $,op zz mg gc:RichardN. Brown rut80Pr Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-21 38 FAX 970-479-2452 www.ci.vail.co.us December 22,2006 Carver, Kirchhoff, Schwaz, McNab & Bailey, LLC c/o Stewart McNab Hudson's Bay Centre 1600 Stout Street, Suite 1700 Denver, CO 80202 Re: Vail 21 located at 521 East Lionshead Circle/Lot3, Block 1, Vail Lionshead Filing 1 Mr. Stewart, This lefter is sent in response to your letter dated December 5, 2006, in which you ask four questions regarding Yail21 and its parking situation both in the past and currently. I have discussed your letter and its contents with the members of the Planning Division and the following are our responses to your questions. Your questions appear in bold and the response directly beneath. 1) When the parking structure was completed in 1972-3, what were the parking rights of the ourners of commercial and reeidential units in Vail21, Lift House and Lionshead Arcade? In reviewing the legal files for the Vail 21, Lift House, and Lionshead Arcade, I have conformed that the parking structure to the north of the Vail 21 location was constructed to satisfy the parking requirements for the three buildings under the Code that was in place at the time of construction. Staff does not know in what particular manner the parking was provided to the three structures within the parking structure. Whether by deed, lease, or some other manner, is not clear, nor was one particular manner mandated by the approval of the development. Staff would suggest that a full review of any record declarations or covenants be performed to determine any specific rights granted to Vail 21. For clarity, the Town of Vail does not enforce any private declarations and covenants to which it is not a party. 2l Has anything happened to change those rlghts since that time, and if so, what and when? Staff has confirmed your account of Vail 21 being required 58 parking spaoes at the time the building was issued a Certificate of Occupancy. The Vail 21 structure met these requirements and {g""n"r*r^ro staff is not aware of any changes which would have affected any rights Vail 21 had/has to parking within the structure. 3) Does ToV consider that currently the parking structure must be used to fulfill the parking requirements of the Vail 21, Lift Houso, and Lionshead Arcade buildings before the parking spaoes in it can be used for any other purpose? The Town of Vail believes that the existing parking structure was constructed to satisfy the parking needs of the three structures. Staff further believes that the parking structure should be currently used to satisfy the parking requirements of all three structures, however, the method of providing those spaces is not of @ncem by the Town as addressed previously in Question 1. 4l Will the ToV enforce Code Section 12-10-17A to prevent use beyond that required by the three buildings, and if not, why not? Yes, the Town of Vail will enforce Section 12-10-'174, Leasing of Parking Spaces, Vail Town Code. For the purpose of clarity this Section of the Code refers to the leasing of any parking spaces in excess of those required to address a projects/structures parking requirement. lt is clear in this Section that parking can be leased, rented, or othenrvise conveyed to a tenant, owner, occupant, or user of a projecUstructure to which the parking requirement is meant to address. Please review these comments and contact me at 970-479-2148 if you have any questions. Regards, 4th^* Wanen Campbell Cc: Fib CARVER KIRCHHOFF SCHWARZ McNAB & BAILEY, LLC ATToRNEYS AT LAw STEWARI MCNAB DTRECTDTAL 303.893.181 9 smcnob@cksmb.com December 5, 2006 By EmailAttachment and U.S, Mail Mr. Wanen Campbell Planner Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Vail21 Condominium Parking Dear Warren: Thank you again for your time and assistance last week when Bill Walker and I reviewed documents relating to the parking situation at the Vail 21, Lionshead Arcade and the Lift House condominiums. As I mentioned, my client Vail21 Condominium Association, needs to understand issues related to parking before it can meaningfully undertake planning for any redevelopment. To that end, based on the document review and the facts as we understand them to be, the Association has several related questions it now poses to the ToV. First, let me review some of the undedying facts. Yail21, Lift House and Lionshead Arcade are all located on Lot 3, Block 1 of Vail/Lionshead First Filing. The property for the Arcade and the Lift House was conveyed to Robert and Diane Lazier by Vail Associates in 1970 and 1971 . The site for Vail 21 was conveyed in 1971 by Vail Associates to Charles Rosenquist and Richard Brown (and two others who later conveyed back to Rosenquist and Brown). Vail Associates conveyed the remainder of Lot 3, Block 1 , to the Lazier group and the Rosenquist group in 1971 . Some of the parcels were conveyed individually and others jointly. Our search of the title documents indicates that, except for the land underneath the condominium buildings (and most of the condominium unit themselves), the property - including the parking structure -- is still owned by the original developers, Mr. and Mrs. Lazier, Mr. Rosenquist (through an entity called Lady Belle) and Mr. Brown. HUDSON'S BAY CENTRE " I600 STOUI STREFT, SUIE I TOO . DENVER, COTORADO 80202 MArN 303.893.l8l5 " FAX 3O3.893.'l829 Mr. Waren Campbell December 5, 2006 Page 2 of 3 CNBVTR KIRCHHOFF SCHWNNZ MCNAB & BAILEY, LLC I can provide you with copies of the various deeds if you would like them, or if it would assist with your analysis. The various parcels are also described on two maps I reviewed in your Yail21file, both prepared by Richards - Huffstutler Engineers, and both titled: Land Parcels in Block 1, Lot 3, Part of Block 1, Lots 1 and 2 and Paft of Tract E. Vail/Lionshead First Filing. The large one was prepared December 1970, and the smalfer (11" x 17") was prepared on 10-27-71. Also, the property situation was specifically described to the ToV by Vail Associates in an October 26, 1972letter, attached as Exhibit 1. When the three condominium structures were constructed in 1972 and 1973, ToV required that the developers provide for parking. As described in a May 22,1972, letter to the ToV Building Department (attached as Exhibit 2),Yail Associates required that the Lazier and Rosenquist groups build a joint-use parking structure to accommodate the needs of the buildings. ToV made completion of the parking structure a pre-condition to issuing certificates of occupancy for the condominium buildings in its letters of August 17, 1972 to Rosenquist and Lazier. A copy of the Rosenquist letter is attached as Exhibit 3, I reviewed a copy of the Lazier letter in the Lionshead Arcade file. The building permit for the Vail21 building (Exhibit 4) shows a requirement of 58 parking spaces. The ToV confirmed its position about the connection between the condominiums and the parking structure in a December 8, 1973 memorandum and a December 12, 1973letter about the subject (Exhibits 5 and 6). ' Nothing much has changed since 1972. The parking structure has the same owners and Lot 3 of Block 1 of Vail/Lionshead First Filing has not been further subdivided. Some of the commercial uses in the Vail 21 Building have changed but, in at least one such instance expanded parking needs were handled by requiring a payment of a parking fee to the Town (see PEC Minutes, 4-14-80 meeting and 4-1 1-80 Staff Memo). Based on the foregoing facts, Vail 21 has the following questions with respect to the parking structure on Lot 3, Block 1 of the Vail/Lionshead First Filing: 1. When the parking structure was completed in 1972 - 3, what were the parking rights of the owners of commercial and residential units in Vail 21 , Lift House and Lionshead Arcade? 2. Has anything happened to change those rights since that time, and if so, what and when? . 3. Does ToV consider that currently the parking structure must be used to fulfillthe parking requirements of the Vail 21,Lift House and Lionshead Arcade buildings before the parking spaces in it can be used for any other purpose? Mr. Warren Campbell December 5, 2006 Page 3 of 3 CnRvTR KIRCHHoFF SCHWARZ McNAB & BAILEY, LLc 4. Willthe ToV enforce Code Section 12-10-17 A. to prevent use beyond that required by the three buildings, and if not, why not? ToV's response to these questions will provide guidance for its redevelopment decisions. lf you have any questions about either the questions themselves, or about the underlying facts, or if I can provide any further information, please feel free to give me a call. I look forward to hearing from you. Vail21 Condominium Exhibit 1 M:r. Bob AJ-dnidge, Building fnspector Town of VaiL Vail- Municipal OfficesVai1, Colonado 81657 Dean Bob: This is to advise you of the statue regarding the joint use st:ructu:red parking area which wiLL be'constructed by Bob Lazier to se:ove his two buiLdings known as Lift House and tionsHead Ancade, as well as Vail 21r which is being developed by a gnoup including Chuck Bosenquist, These ptopenties ane all located within Bl-ock 1, Lot 3' Vail/LionsHead Finst Fil-ing. Oun contnact Provides fo? the partitioning of this lot as fo11ol'as: Site ASite BSite C Pance1 l-Parcel 2 -Har?cer J Owned by Robent Lazie:r Owned by Chuck Rosenquist et a1 Owned by Robent Lazier.Jointly owned by Lazie:r I Rosenquist \.Iointly owned by tazien t Rosenquist / Joint use panking stnuctu:re /+;:Auz + k t"--t,J quist, we have pnovided that Pancel 3 is to be used for- a & #/joint use pa:rking area subject to plans acceptable to us. F.r4,< fr^-/ VJe have recently appnoved plans fo:r this area, which Plans .t^,t (,call fon basicaily-i two-sto41 stnuctu:red panking racitity. YaAJ Al Any deviation of theee plans as alneady app:roved by us would :requine ou:: fu:rthen approval . It is not our inten- tLon o:r desine to see this pa:rcel developed in any othen way than the joint use panking facility fon which we have alneady approved p1-ans . Veny truLy yours,M Robert H. NottVice P:resident - Real Estate , +aEL'-rt.<,-t fn oun contracts of sale to both Mn. Lazier and Mn. Rosen- A J^ /*4 uana KLcKl.t_ AREA COOE 303 476-5601 BOX 7. VAIL. COLORAOO 8r657 Exhibit 2 6/"o ^-cr,.,f,e', ir'rc. .,rr.ilL..-{--** -J .L f Ms. Diana Wygant BuiJ.ding Departrnent Town of Vail VaiL, Colorado 81657 Dear piana: This letter is for the purpose of reviewing natters dis- cussetl at a meeting on April ?7, L97Z in which Robert LazLer, Chuck Rosenquist, Larty Robinson, Ed StrubLe anil nyself were in attendance. The subject of the discussion was the time table required for construction to commence on the joint-use parking structure which is iirtended to accorunodate the parking demands of build- ings cornpl.eted, under construction or scheduled to conrnence this surmner on portions of Block 1, Lot 3, Yail/LionsHead First Filing. These buililings are known as "LionsHeatl Arcade Build- ing",-under the ownership of 8ob Lazier; nVail 21t' building, under the ownership of Charles Rosenquistl and "The Lift House" buililing, under the ownership of Bob Lazier. Robert H. Nott rePresented the position of Vail Associates that in accordance with those understandings set forth in the contracts nade with the buil.ding owners, construction of thejoint-use parking structure was to be cornmeneed during the - .sunmer of 1972. Furthermore, Robert H. Nott stated that Vail Associates would not support any variance application on thepart of Lazi-er and Rosenquist to defer construction of this structure until a Later builcling season. May 22, L972 Yours very truly, VAIL ASSOCIATES, rNC. /jn Robert H. NottVice Presiclent - Real Estate AREA CODE 303 476.5601 F. F BOX 7. VA|L, COLORADO 4r657 Exhibit 3 aS.. o'lr'r t"" a OtOt "to O'ttt'tt' box roo r vai l, colorado 81657 . 3O3..1 76.56r3 August L7, L972 l{r. Chuck RosenguLstVail, Colorado 81557 SUBJECT:parking structure for nLionshead Arcadel" and "Lift Ilouse. tr ' Dear Mr. Rosenquist: Referenqe is maile to the meeting on April 27 ? L972 wit'h Robe=t Lazier, Chuck Rosenquist, Larry Robinson, Ed Struble and Robert . Nott in attendance. .The subject of the discussion was the hirne Xfable resuired for construction to commence on the joint-use l'parking Jtructure for the three above mentioned buildings. Rcbert }Iott'represented the position of Vail Associates that in . sccordance with those understandings set'forth in the conbracts made with the building olv-ners, construction of the structure was to cornmence during the sunmer of L972. Further, Nott stated that 1'ail Associates would not support any variance application on the part of Lazier and Rosenguist to defer construction of this structure until a later bui'lding season. To this dater the Torsn of VaiI has not received an application for a building permit or a complete set of structual plans and calculations for approval in regard to this structure. StrJctured parking must be provided for these buildings in order to comgrly with the zoning and parking regulations set forth by the Eown . _of v_ail. ILme is of the essence in the connencement and completion of the construction of, the joint-use parking structure as absolutelY no permit of occupancy will be issued for "Lionshead Arcader" 'VaiI 2lrn or nl.ift House" until parking is supplied. Please submit the required, plansl specifications and calculations as soon as possible to avoid furt,her delays. If, this offiee can be of further assistance at any time regarding this matter, pJ-ease contact us. cc Robert Nott Terry Minger L,arry Robinson Very truly yours, Kent R. Rose, P.E. Town Engineer Exhibit 4 Eirr l?t^CsrD attsrrl MrlL ^DDi.ff I/14 tt tal, . ui e 3/o 7 (.o h v4 8 CIASSOfWOTK: EiINSW trAODITIOI'I trALTERATION NREPAIE trMOVE trREMOVE Slz. ol Bldg. (Totrrl sq. Ft. /tVs-,2 10 Change ol use lrom Change o{ $e to 11 Valuation of work: $ SPECIAL CONOITIONS: lhnr and APPLICATIO NOTICE SEPARATE PERMITS A8E REOUIREO FOR ELECTRICAL, PLUMB. ING, HEATING, VENTILATING OR AIR CONDITIONING, THIS PERMIT BECOMES NULL ANO VOIO IF WOHK OR CONSTRUC. TION AUTHOBIZEO IS NO7 COMMENCEO WITHIN 60 OAYS, OR IF CONSTFUCTION OR WORK IS SUSPENDED OR AEANDONED FOR A PEFIOD OF i2O OAYS AT ANY TIME AFTEF WOBK IS COM. MENCED. AN CHECK VALIDATION TE - INSPECTOR PINK - APPLTCANT r r' r't\rctlt " Y VALIDATEO l\€4l. b9 t 'l Lg Exhibit 5 0 Decembgr TO:TERRY M I NGER FROM: KENT R0SE RE:PARK tNG STRUCTURE FoR LAZ I ER AND RpSENQU IST Attached are the letfers lwrote to Lazier and Rosenquist regardlng their parklng strucfure. They wlll be in to see you at l:50 to dlscuss the possibility of issulng temporary Cerfiflcates of Occupancy for the buslnesses wantlng fo open this week. Both of them were i n Fri day to talk;lf Jerry or nyse lf pernlsslon for these businesses to open as they are rea nto. granil ngly being. d we do ittl. I am soueezed. We -fold them thaf under no c I rcumsfances wou I and anv further action would have to come from the Counc sure that by now they have contacted all Board members. My opinlon is that this ls our last chance to show fhese two that we mean what we say. lt is, however, not right to punslh the ll'ttle man, so we mighf grant fhem C.0.ts ff Lazier can show that he has enough parklng spaces available for these occupants thai want to oPen and tha* these spaces are accessible, ready fo use, and wl.ll remain so. occupancy for the remainder of the bui lding would then sfem. on the completion of fhe sfructure. Kent Rose Town E-n g i neee r df cc: Jerry Aldrlch Exhibit 6 Mn. Robert T. Lazien Mn. Chanles Rosenquist Vail, Colonado 81657 Re, Conditional Occupancy -Li.rt House "*@ Gentlemen: In accondance with oun agFeernent concennin! ttre subject butldings, the follorving conditions must be met in onden to allow ocpupancy of centai'n commencial areas of the Lift House and Vail 21r J 1. Tenants who ane neady to open befone the Chnistmas season wtll be allowed to occupy the commenclal space on\1. No othen occupancy wilt be allowed untit the panking stnuctune is complete and a final inspection has been rnade and centificates of occupancy issued. It is understood that the fotlowing tenants will. be neady to open under the condi- ti.onal occupancy: Hanvest Tabte, Puncell|s, Gonsuch Ltd. t Gone Valley Ti.tte, LionsHead Ski Rentats, the Genenat Store, The Place, Knisrnan, and Sassy Set. 2. Each tenant who wishes to move in beFone this deadtine shalt be nequined to n ctify the Bullding Depantment and it will, at that time, be detenmined if adequate paFki.ng is available. In each case, the Butlding DepantmeriE will take into considenation the public safety, numben oF spaces nequired and arzailabte, adequate acce'ss to those spaces, as well as consideni.ng if alt Building Code nbquinements have been met and a frnal inspecti.on rnade oF each shop. 3. No occupancy will be allowed fon any condominium anea in erthen buildrng until the parking stnuctLtre is complete and a final inspection of the stnucture has been rrnde. .1 , \lVe ai$o remrnd you that atl tap Fees rnust be patd beFone a conditional occupancy penmit will be issued and the tenant allowed to ooen fon business. /jn '..r:r.,...1.'.]':E:9.1.'|.r;1-.'..1?,!rr'}..f-!t'::tr-5.i.lqrlr:E.'}*igl6F-*:..-=.:T-Is.f...rt-.,-r' 5. Constnuctton debnis and piles of d ti-t and snow rnust be re moved before we will consi.den the panking useable. The area on the northeast side of the Vatt 21 buil.di,rrg which is being used fon construction debnis must be fenced ofF fon public safety and to deten use of the north entnance to the Vail 21 building. Doons exrting into construction aneas must be manked trFon Ernengency Exit OnIy.tt Inspections wilt be rnade on a negular basis and su mmons witl be issued to the propenty ownens fon each violation of the above conditlons. Sincerely, J**/4.///-fr Tennell J. Mifigen Town Managen TJM:lh cc: Hanve st Table Puncel['s Gonsuch Ltd. Gone Valley Title LionsHead Ski Renta ls The Genenal Stone The Place Knisrnar Sassy Set *-----.-....*.=--------*=- - t- lrfi-*=# CARVER KIRCHHOFF SCHWARZ McNAB & ATToRNeYS AT I.Aw BAILEY, LLC SrEw^m McNAs DrREcrDr r. 303.893.t8I9 smcnob@cksrnb.com August 1, 2006 Ms. Elisabeth Reed Planner Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Vail21 Condominium parking Dear Ms. Raed: , As you may recall from our earlier conversation, I represent the Vall 21 Condominium Association ('V21CA) in connection with the parking situation for its members. I write to you because of our previous communications and because I know you have some familiarity wlth the issues. Atthe same time, I am sending a copy of this letterto Susie Huxford, Vail's Code Enforcement fficer, because this letter is a request that the Vail Town Code (VTC") off-stleet parking provisions be enforced. The Vail 21 condominium building was constructed in 1922. The developersi/owners were a group headed by charles Rosenquist and Richard Brown. Then, as now, ToV required that parking b6 provided for new builclings within the Town. The developers had agreed with vail Associates, from which they purchased the real estate, to construct a ioint+se parking structure on an adjacent parcel to accommodate the parking demands of the Vail 21, Lift House and Lionshead Arcade condominiums. The parking structure was conslructe<! by the RodenqulsUBrown group as well as by Robert Lazier, the developerof the other two condominiums. lt is cuffenfly ovnned by Lazier and his wlfe (owners of an undivided one-half interest) and by Lady Belle Partnership, LLLP (successor to Rosenquist) and Brown, who together own the other undivided one-half. The building permit forthe Vail21 buiHing (issued July 31, 1972), specifically recites that 58 off-street parking spaces were to be provided. Correspondence in the ToV's file establishes that tfre residential units in Vail 21 could not be occupied before the parking structlre had been completed. The Vall 21 building has 19 resldential units, so under WC 512-10-10 and 11, twenty-seven parking spacas (19 x 1.4= 26,6) must be provided to accommodate the off-streel parking needs of those dwelling units. , Presumably, the remaining 31 spaces were to be provided to the oramers of the commercial units in Vail 21 pursuant to the claimed uses and the parking require'ments contained in the same Code section. HuDsoN's BAy C€NIRE " I d00 Srotjr SIRET, SurE I ZO0 . DcNVEt, CotoRADo A0202 M^N iJ03.893.1815 " F^x 303393. t 829 Ms. Elisabeth Reed August 1, 2006 Page 2 of 3 CENVTN KIRCHHoFF SCHWARZ McNAB & BAILEY, LLc Cunently, the owners of the parking structure make only 14 spaces in the parking structure available for Vail 21's residential units, by leaslng them to V21CA. All but 2 of the commercial units in Vail21 are owned by Richard Brown and Lady Belle, who assert control all of the spaces intended to be for the use of Vail 21 unit owners and lease them out at their discretion. Furthermore, Brown and Ldy Belle have indicated through their lavuyer (January 13, 2006, letter attached), that they do not plan to continue to offer the few spaoes they now lease to V2l CA beyond the next four to six years. V21CA believes that Brown and Lady Belle lease the spaces withheld from its members to other users. This sifuation is in violation of at least two sections of Chapter 10 of the Vail Town Code. Fimt, to avoid the possibility that a developer will create off- street parking spacos to get occupancy approval and then use them for other purposes, the off-street parking ordinance provides: Off-street parking and loading facilities used for off-street parking and loading on the effective date hereof shall not be reduced in capaclty to less than the number of spaco€ prescrlbed In thls chapter, or reduced ln area or number to less than the minlmum standards prescribed in this cfiapter. VIC S 12-10-3. Bywithholding spacesfrom V21CA residential units and commercial units they do not own, the owners of the parking struc{ure have effectively reduced its capacity below the standards of VTC 512-10-10. V21CA suspects that Brown and Lady Belle have reduced the capacity of the parking struc{ure in two otherways. First, V21CA believes that some of the commercial uses now in existence require more parking underWC S12-10-10, than those contemplated when the building was constructed. Second, Brovtrn and Lady Belle have changed to commercial uses,space in the Vail 21 building wttich was not even planned for commercial use when the,, , buildlng was constructed. Those changes were not accompanied by the addition of' . parking spaces in the parking strucfure. fn addition, VIC S 12-10-17 prevents the leasing of spaces "to any person other than a tenant, occupant or user of ihe building for which the space, spaces or area are required to be proMded by the zoning ordinances or regulatlons of the town" without a permit. V21CA is unaware of any such permlts being issued for the parking spaces Brown and Lady Belle arc withholding from its members. The owners of the parking structure are not entitl€d to such permits based on the criteria set forth in the Code. In light of the foregoing, V21CA hereby requests that ToV enforce the above quoted ordinances as they relate to the parking structure adjacent to the Vail 21 building. Specifically, V21CA requests that ToV require that the owners of the parking structure provide to those V21CA members who do not have an ownership in the structure, all of the off-street parking spaces to which those members are entitled. Any non permitted (and unqualified) leasing of spaces in the parklng structure must be stopped, Me. Elisabeth Reed August l,2008 Page 3 of 3 CNNVER KIRCHHOFF SCHWARZ MCNAB & BAILEY, LLC lf you have any questions about the facts or about what V21CA ls seeking, or if I can provide any further informetion, please feelfree to contact nre. I lookfonrard to hearing from you. Susie Huxford, Town of Vail Gode Enforcement Officer Vail 21 Condominium Aseociatbn ANEST & BROWN, P.C. AttonEsatLair &u?.AnrltMNCMe 9yua $rphcr L Bro*l roroililnrn-. oc:Richard N, Brown l959ll E Mrlnrtnot, Srftr f07 Pri*.r, Gob.rdo gll3E Plrons! 303.tfl-9tBt Frr: gB€tl-0ttl fr@prrl*dnqcracor Juurry 8,2n6 Devc Gotenborg (Via E-mail) Rel Pa*inglcase Dcar&w: I su cqraerncd fhdparthg leasccxpoctatiors havc cnsrcd into thc hod achange discussionr, perdallarly aflrr our reccnt tun6tr wlth }ou, Dick Brown and me At that h;ch it was nv.gndcr*anding thut{p Eqd ochsngc tansa.doi was and should be separaE and spart from porklng expectadoru_of Vail 2l prcpcrty twvnem, Whrn yorr cent me pru proposed 6{i-year parking lc8ll€' I lrBlltz€d tltal I must hsvc beet mlstrtcn. It ls my purporc in thir letter lo set fo'rtlr Brovm and -Lg+y- Betle'E Intendons widr rrcpcct to thcir pq*ing s&r&;ntrc, and thco sce wtettrer it ii worth movlrg fomnrd wlth thc laod excfoilgc Dick Bloun ond Lady Bllle wish to oontimre b prrovirie pslfitg to r€sidcdial ownerc ofthcVail 2l Buil{lng' ar ttay bevo aono for over rhirty yccs, but wiii lrot di so iu tcgEl io6m tbat would ensumD€r their psopsrty or-limit or restriot thoit optiors widr respcct to devehpment or finrc sateofthc proPclty. Srch rpstrlctious would irrcludo iwrirur long-tirm lcasc, grairiqg of options topurchascorgrantingofri_glleoffastncfinal. ThcyhavcthofrEseorintcni;fred6i/€lopingthp' parHsg stustule within four to dx ycars, and then lcasiru oiscllins pc*irrc sDaces at'mdr*et value. until such tln€ a8 the goucfrrm ir rcdcvclopod or ilH, srod;iand Gof' ocuc intena to*Tit ul p-{eoq parking o tho Ascocidiqr and'cominrc dorurg positvai wfth thc Aseociation ar thcT havc donc in ttc past, r - h ligtt of ttc abovc, t bope thn it nrakes sffc ftr all oonccmed to movc forunrd witr the land exchaugo agrcernant Pleasc adyisc. Sinoerely, E-Mail Message Digital Law Office AutoCapture: Further information at www.dlosystems.com From: Elisabeth Reed [EReed@vailgov.com] Sent Tuesday, October 10, 2006 1:49 PM To: Stewart McNab Subject Re: Vail 2'l Condominium Parking Hello. Mr. McNab: Please find attached my letter to Bill Walker dated August 30, 2006. Please let me knq/y if you need any additional information as well. Best Regards, Elisabeth Elisabeth E. Reed Planner ll, Town of Vail 75 S. Frontage Road Vail. CO 81657 970.479.2454 otc 970.479.2452tax >>> "Sta^/art McNab'<SMcNab@cKmb.com> 10/09/06 1:23 PM >>> Ms. Reed On August 1, 2006, lwrote you a letter concerning parking issues related to the Vail 21 condominiums. I am aware that on August 30, 2006, you wrote an email to Bill Walker, one of the members of the Vail 21 Condominium Association which mentioned my letter, but I have never actually received a response. Can I expect a response in the near nJture? For reterence, I attach a copy of my lefrer Thank you for your assistance. Stewart McNab Carver Kirchhoff Schwaz McNab & Bailey, LLC 1600 StoutStreet. Suite 1700 E-Maif Message Digilal Lavrr Office AutoCapture -Page2 Denver, CO 80202 303-893-1819 fax 30&89$1829 E-Mail Message Digital Lanr Office AutoCapture - Page 3 1 Attached File: walke0830.doc Digital Law Office AutoCaptured Attachment: walkeO830.doc August 30, 2006 Mr. Bill Walker Billio031 @hotmail.com Re: Vail 21 Parking issue Lot 3, Trac't c, Vail Lionshead 1* Filing Dear Bill, Thank you for your patience while Town Staff discussed the i$eues being considered regarding the Vail 2lparking situation. The primary problem for Yail 21 arises from the separate ownership of the joint parking structlre. Tho4h the slructure uras construc'ted with the intent, or "an agreement', to provide spaces for Vail 21 and other buildings (according to the letter from Stewart McNab dated August 1'2006), the current orne(s) of the parking structure have conveyed the spaces olherwise, according to your correspondence with me. The Town has no jurisdicdion to force the owners of the parking structure to provide required parking spaces for the owners of other ds/eloprnents, in accordance with the following seciion of the Vail Town Code: 12-1$17: LEA9IYG OF PARffi,NG SPACES: , A. General: No owner, occupant d building manager, or thet respedive agent or representative, shall lease, rent, convey or restrict the use of any parking space, sp&es or arca to any person other than a tenant, o&upanl or u*r of the bullding for whiclt tte spa@, spaoes or anea are requhd to be provided by the zoning ordinances or rquhtions of the town excepf as may be specifically provided in fhis secf,bn. The Town acknodedges that Vail 21 received a Certificate of Occupancy from the Toun of Vail building department in 1972, which was granted based on the completion of the joint parking structure. However, the Town has no preference regarding the location of the parking spaces required ot Yail 21. At the time of the Certificate of Occupancy issuance, Vail 21 was able to prove that its required number of parking spaces was being met in the joint structure thereby satisfying the zoning regulations of the Toun of Vail at that time. Ho €ver, please be aware that if any application is submitted today whicfr requires review by the Tom of the parkirg requirements for Vail 21, the devdopment will be required to pro/e that its current and/or proposed parking requirements are still being met, either in that locale (via a private lease agreement) or via the Tom's pay-in-lieu system. Again, the Town cannot dictate that the owner of one parcel of land pro/ides parhng for the ownee of another parcel of land. lf you find that such a scenario is occurring now, the Town will deem it a cMil mattet to be resolved in court. Please let me kncn/v if there is anything else that I can help with at this point. Besl regards, Elisabeth Reed 970.479.2454 E-Mail Message Digital Law Office AutoCapture: Further information at www.dlosystems.com From: Elisabeth Reed [EReed@vaibov.com] Sent Thursclay, October 12,20061:46 PM To: Steurart McNab Subject Re: Vail 21 Parking lssues Hello, Mr. McNab: After some discussion with Stafi this momin! regarding your questions, the Town r ould like to clarify that Vail 21 w6 developed with no parking for their sole use on their ovrrn property, so to receive Temporary and Final certificates of Occupancy fom the Town, they \,vere obligated to find it from a another source. At the time, Vail 21 ch6e to use the property to the north, a parking structure which was owned by a separate o\ rner, wfio agreed to provide Vail 21 the appropriate number of parking spaces at that lime. They received parking le6es from that o\ rner to occupy/utilize the required number of spaces (27 spaces vyere allocated to Vail 21 atthe time of Certificate of Occupancy). The Vail Torn Code does not r€ulate the parking struciture ome/s right to adjust lease/rental rates for those parking spaces; nor does it obligate the owner of the parking structure to tulfill Vail 21's parking requirement in perpetuity. lf Vail 21 is no longer able to obtain parking from he parking strudure omer, Vail 21 is obligated to find another source/location for its required parking. However, the loss of parking for Vail 21 and the inability of Vail 21 to provide its own required parking constitutes a Molation of the Town's zoning regulations and may result in the Toln of Vail taking enforcement action. Let me knoirr if any outstanding questions remain. The Torvn's stance on this issue will not differ from what has been outined here. Regards, Elisabeth E. Reed Planner ll, Torvn of Vail 75 S. Frontage Road Vail, CO 81657 E-Mail Message Digital Law Office AutoCapture - Page 2 970.479.2454 olc 970.479.2452tax >>> "Stewart Mcf.lab" <SMcNab@cksmb.com> 10112106 7:16 AM >>> Ms. Reed: Thank you forforwarding me your August 30, 2006 email to Bill Walker, which I now understand to be the ToV's response to my August 1' 2006 letter regarding parking issues at Vail 21. I have some follow up questions. First, as I mentioned in my letter, the commercial uses in the Vail 21 builcling have changed since the building was first opened. Have the parking requirements changed as a result of the organded uses, and, if so' what are they now and what parking spaoes were presented to the ToV as meeting the requirements of the parking ordinance when the associated building permits were issued? In a related vein, have the owners of the parking structure received any permits of the type called for in Vail Town Code Sedion '12'10-17 B.? Second, does the ToV only enforce th€ requirements of the parking ordinance when there is an application for some change in use? That is the conclusion I draw from your email to Mr. Walker. lf I am mistaken, underwhat circumstances does the ToV take enforcement action? Finally, I am also a little contused by some statements in your letter. You state: 'the Town has no preference regarding the location of the parking spaoes required of Vail21" and "the Town cannot dictate that the owner of one parcel of land provides parking for the owners of another paroel of land." Those conclusions appear to be at odds with the wording of Vail Town Code Section 12-10-17 A., quoted immediately above. The code section appeaft; to prevent an owner [here the owners of the parking struc{ure] from renting parking spaces to persons other than to those forwhom the spaces are required to be provided by the ordinances [here, the owners of the units in Vail 21]. lt cannot be disputed that the parking struc{ure was constructed at the insistence of the ToV to provide parking for the Vail2l ownefti, among others. ls it ToVs position that, despite that fact, the owners of the parking strudure are E-Mail Message Digital Larv Office AutoCapture - Page 3 no longer required to provide parking spaces to the Vail 21 owners? lf so, when did that obligation end? Thank you for your assistance. lt would simplify things enormously if you could respond directly to me. Also, I am happy to talk with you or anyone else at the ToV about my questions and the issues generally if you would like to call. Stewart McNab Carver Kirchhoff Schwaz McNab & Bailey, LLG 1600 Stout Street, Suite 1700 Denver, CO 80202 303-893-1819 fax 303-893-1829 .ftt E-Mail Message Digital Law Office AutoCapture: Further information at www.dlosystems.com From: Ste\i/art McNab Sent Friday, Oc.tober 13, 2()06 3:16 PM To:'ereed@vailgo/.com' Subjec{: Vail 21 Parking lssues Ms. Reed: Thank you for your promd response to my questions yesterday, As with many issues, answeE sometimes bring on more questions. Specifically I have two tollow up questions to your response: 1 . Does ToV realize that the omers/developers of Vail 21 in 1972 were also ovwrers of the parking s{ruc'ture when it \ |as developed (and continue to own the parking structure) and horr does that iad affect your conclusions about apdication of the ordinances? 2. ls it possible for ToV to respond to my other questions about Vail Town Code Section 12-1G'17 B. permits and the expended commercial uses? Thanks very much for your assistance. Stewart McNab Carver Kirchhoff Schmz McNab & Bailey, LLC 1600 Stout Street. Suite 1700 Denver, CO8ff2y2 301893-1819 fax 303-8941829 ffi E-Mail Message Digital Law Office AutoCapture - Page 2 '. FILE SOPT Department of Comrnunity Development 75 South Frontage Road' Yail, Colorado 81657 970-479-2 r 38 FAX 970-479-2452 www.vailgov.com January 3,2007 Carver, Kirchhoff, Schwaz, McNab & Bailey, LLC c/o Stewart McNab Hudson's Bay Centre 1600 Stout Street, Suite 1 700 Denver, CO 80202 Re: Vail 21 located at 521 East Lionshead Circle/Lot3, Block 1, Vail Lionshead Filing 1 Mr. Stewart, This lefter is sent in response to your letter dated December 5, 2006, in which you ask four questions regarding Vail 21 and its parking situation both in the past and currently. I have discussed your letter and its contents with the members of the Planning Division and the following are our responses to your questions. Your questions appear in bold and the response directly beneath. l) When the parking structure was completed in 1972-3, what were the parking rights of the owners of commerclal and residential units in Vail 21, Lift House and Lionshead Arcade? In reviewing the legal files for the Vail 21 , Lift House, and Lionshead Arcade, I have confirmed that the parking structure to the north of the Vail 21 location was constructed, in part, to satisfy the parking requirements for the three buildings under lhe Code that was in place at the time of conslruclion. Staff does not know in what particular manner lhe parking was provided to the three structures within the parking structure. Whether by deed, lease, or some other manner, is not clear, nor was one particular manner mandated by the approval of the development. Staff would suggest that a full review of any record declarations or covenants be performed to determine any specific rights granted to Vail 21. For clarity, the Town of Vail does not enforce any private declarations and covenants to which it is not a party. 2l Has anything happened to change those rights slnce that time, and lf so, what and when? Staff has confirmed your account of Vail 21 being required 58 parking spaces at the time the building was issued a Certificate of Occupancy. The Vail 21 structure met these requirements and {-p "t ""rto ',""" ?100 3Jl1 staff is ng]-g\1ar9.of any changes which would have affected any rights Vail21 had/has to parking within the structure. 3) Does ToV consider that currenfly the parking structure must be used toJurfil the parking requirements oitne vait 21, LtftHouse, and Lionshead Arcade buildlngs before the parking spaoes in it can be used for any other purpose? The Town of Vair berieves that the existing parking structure was constructed lo satisfy the parking needs of the three structures. staff further.b-elieves that the parliing structure should be currently used to satisfy the parking requirements of all three structures, however, the method of providing those spaces is not of concern by the Town as addressed previously in euestion 1. 4l witl the Tov enforce code section 12-10-17Ato prevent usebeyond that required by the three buildings, and if not, whynot? Yes, the Town of Vailwill enforce Section 12_10_11A, Leasing ofParking Spaces, Vail Town Code. For the purpose of clarityihis section of the code refers to the reasing of any parking spaces in excess of those required to address a projects/shuctuies parking requirement. rt is crear in this section that parking can be ieasedl rented, or othenrise conveyed to a tenant, owner, occupant, oruser of a projecustructure to which the parking requirehent is meant to address. Please review these comments and contact me at g70-47g-214g if you have anyquestions. Regards, rffiLilrrl Wanen Campbell I Cc: File CARVER KIRCHHOFF SCHWARZ McNAB & BAILEY, LLC ATToPNEYS AT LAw SIEwART McNAB DTRECTDTAT 303.893.181 I smcnob@cksmb.com December 5, 2006 By EmailAttachment and U.S. Mail Mr. Warren Campbell Planner Town of Vail 75 S, Frontage Road Vail, CO 81657 Re: Vail21 Condominium Parking Dear Warren: Thank you again for your time and assistance last week when Bill Walker and I reviewed documents relating to the parking situation at the Vail 21, Lionshead Arcade and the Lift House condominiums. As I mentioned, my client Vail21 Condominium Association, needs to understand issues related to parking before it can meaningfully undertake planning for any redevelopment. To that end, based on the document review and the facts as we understand them to be, the Association has several related questions it now poses to the ToV. ' First, let me review some of the underlying facts. Yail21, Lift House and Lionshead Arcade are all located on Lot 3, Block 1 of Vail/Lionshead First Filing. The property for the Arcade and the Lift House was conveyed to Robert and Diane Lazier by Vail Associates in 1970 and 1971. The site for Vail 21 was conveyed in 1971 by Vail Associates to Charles Rosenquist and Richard Brown (and two others who later conveyed back to Rosenquist and Brown). Vail Associates conveyed the remainder of Lot 3, Block 1, to the Lazier group and the Rosenquist group in 1971. Some of the parcels were conveyed individually and others jointly. Our search of the title documents indicates that, except for the land underneath the condominium buildings (and most of the condominium unit themselves), the property - including the parking structure -- is still owned by the original developers, Mr. and Mrs. Lazier, Mr. Rosenquist (through an entity called Lady Belle) and Mr. Brown. HUDSoN'S BAY CEN]RE " I600 SToUT STREfl, SUIE I 7OO " DENVER, CoLORADO 80202 MA|N 303.893.1815 " FAx 303.893.1829 Mr. Warren Campbell December 5,2006 Page 2 of 3 CRNVTR KIRCHHOFF SCHWARZ MCNAB & BAILEY, LLC I can provide you with copies of the various deeds if you would like them, or if it would assist with your analysis. The various parcels are also described on two maps I reviewed in your Yail21fi|e, both prepared by Richards - Huffstutler Engineers, and both titled: Land Parcels in Block 1, Lot 3, Part of Block 1, Lots I and 2 and Paft of Tract E. Vail/Lionshead First Filing. The large one was prepared December 1970, and the smaller (11" x 17") was prepared on 10-27-71. Also, the property situation was specifically described to the ToV by Vail Associates in an October 26,1972\efter, attached as Exhibit 1. When the three condominium structures were constructed in 1972 and'1973, ToV required that the developers provide for parking. As described in a May 22,1972, letter to the ToV Building Department (attached as Exhibit 2), Vail Associates required that the Lazier and Rosenquist groups build a joint-use parking structure to accommodate the needs of the buildings, ToV made completion of the parking structure a pre-condition to issuing certificates of occupancy for the condominium buif dings in its letters of August 17 , 1972 to Rosenquist and Lazier. A copy of the Rosenquist letter is attached as Exhibit 3, I reviewed a copy of the Lazier letter in the Lionshead Arcade file. The building permit for the Yail21 building (Exhibit 4) shows a requirement of 58 parking spaces. The ToV confirmed its position about the connection between the condominiums and the parking structure in a December B, 1973 memorandum and a December 12,'1973letter about the subject (Exhibits 5 and 6). ' Nothing much has changed since 1972. The parking structure has the same owners and Lot 3 of Block 1 of Vail/Lionshead First Filing has not been further subdivided. Some of the commercial uses in the Vail 21 Building have changed but, in at least one such instance expanded parking needs were handled by requiring a payment of a parking fee to the Town (see PEC Minutes, 4-14-80 meeting and 4-11-80 Staff Memo). Based on the foregoing facts, Vail 21 has the following questions with respect to the parking structure on Lot 3, Block 1 of the Vail/Lionshead First Filing: 1. When the parking structure was completed in 1972 - 3, what were the parking rights of the owners of commercial and residential units in Vail 21, Lift House and Lionshead Arcade? 2. Has anything happened to change those rights since that time, and if so, what and when? . 3. Does ToV consider that currently the parking structure must be used to fulfill the parking requirements of the Yail21, Lift House and Lionshead Arcade buildings before the parking spaces in it can be used for any other purpose? Mr. Warren Campbell December 5, 2006 Page 3 of 3 CARVER KIRCHHOFF SCHWARZ MCNAB & BAILEY, LLC 4. Will the ToV enforce Code Section 12-10-17 A. to prevent use beyond that required by the three buildings, and if not, why not? ToV's response to these questions will provide guidance for its redevelopment decisions. lf you have any questions about either the questions themselves, or about the underlying facts, or if I can provide any further information, please feel free to give me a call. I look forward to hearing from you. Vail21 Condominium : Exhibit 1 M:r, Bob Aldnidge, Buil.ding Inspector rown or v aLl-Vail Municipal Offices Vai1, Colo:rado 81657 Dear. Bob : This is to advise you of the status regarding the joint use st:ructu::ed parking al?ea which will be'eonstructed by Bob Lazier to se::ve his two bu-iJ-dings known as Lift House and tionsHead. A::cade, as well as Vail 2l-, which is being developed by a gnoup incJ.uding Chuck Rosenquist, These propenties are all located within Block 1, Lot-3' Vail/L-ionillead Fi:rst Filing. Our cont:ract p:rovides fo:r the partitioning of this lot as folloros: Site A Owned bY Robent Lazie:r Site B Owned by Chuek Rosenquist et al Site C Owned bY nobent Lazi6n Pa:rcel l- Jointly owned by Lazier' € Rosenqu! st r, -'/<^€+'<c'- Pa::cel 2 'Jointly owned by Lazien 6 Rosenquist) /a.L + Par'cel 3 Joint use pa:rking stnucture K"r-,_*_J rn ou:r contracts of sal-e to both Mn. Lazier and M:r. Rosen- t" Z* /""--t quist, we have provided that Pa:rcel 3 is to be used for: a /1L f*/joint'use pa::kiirg .n"u subject to plans accepta.bae -to 9s. F.A.< p-,,t i,ie have r.eientl-y-appnoved Plans fon this arear -which Phns .,t.'t ( ,call fon basicaily'i two-story stnuctuned pa:rking facility. Y@''r' 'Ll Any deviatj-on of these plans as alneady ?pProved by.u? would :requi:re our fu::then appnoval . It is not ou:r inten- tion o:r desire to see this pa:rcel developed in any othen way than the joint use parking faciJ-ity for: which we have alneady appnoved plans. Verry trul-y youns,M Robe:rt H. Nott Vice Pnesident - ReaL Estate Dana Xl-cKJ.a AREA COOE 303 476-5601 BOX 7. VAIL, COLORAOO Ar6s7 Exhibit 2 / Ms. Diana WYgant Building DePartnent Town of Vail Vail, Colorado 81657 Dear piana: This letter is for the purpose of reviewing matters dis- cussea--il i neeting on April'Z7', 1972 in which Robert Lazret, Chuct< Rosenquist, Larry -Robinson, Ed StrubLe and myseLf were in attendance. The subject of the discussion was the tine table required for construction to comnence on the joint-use-parking structure which is iirtended to acconmodate the parking denands ot bullo- ings conpleted, under coDstruction or scheduled to commence itris suniner on portions of Block 1, Lot 3, V-ail/LionsHead First F-ii;";:--iiu"" b"ifaings are \n-ow1-as "LionsHeacl Arcade Build- int;l'unAei iitu ownersf,ip of Bob Lazi-et; nVail -21'- building,' ""E"i ite o*n"tthip of Cirarles Rosenquilt; and "The Lift House' building, undet th6 ownership of Bob Lazier. Robert H. Nott represented the position of vail Associates that in accordance witir those underslandings set forth in the contracts nade with the buiLding owners, construction of the ioint-use parking structure was to be cornmenced during th-e_.- lurnrner of igZZ. -Furthernore, Robert H. Nott stated that ValI Associates would not support any variance application on the p"it of Lazier and Roseiriuist tb defer constiuction of this-structure untit a later building season. May 22, L97Z Yours verY truly' VAIL ASSOCIATES, INC. /jn &,-fZfM Robert H. Nott Vice President - Real Estate g. t AREA CODE 303 476.5601 BOX 7. VAIL. COLORAOO 81657 Exhibit 3 gN box too o vail. colorado sr6s7 o 303'476'56r3 Dea= Mr. Rosenguist: Reference is made to the meeting on APril 27. L972 with Robe=t iazier, Chuck Rosenquist, Larry Robinson, Ed Struble and Robert . Nott in attendarr... "The subJeit oe the discussion was the birne *iiil"-i"quirea for construction to commence on the joint-use ti;;kiG-3tio"i"r. for the three above mentioned buildings. Robert Nott.rePresented the position of Vail Associates ttrat in ..ccoia.t"e witir those unilerstandings set'forth in the conLracts made vrith the building olv'ners, construction of the structu:e was to commence aurin6 the summer of 1972' Further, Nolg stated that $eil Associates iould not suPPort any variance application J":*r. lart of Lazier and Rosenquiit to aefer construction of this s-'iucture until a later bui'lding season' To this date, the Torsn of vail has not received an application ior " buildiig permit or a complete set of structual plans and calculations foi approval in rlgard to this structure. Strrctured parking must be pr6v:.aea for thise builitings _in order to comply ititt lfr" zoning ind parking regulations set forth by the fown . _of v-ail. llfune is of the essence in the cornmencenent and cornplgtion of the conitruction of the joint-use Parking structure as absolutely no permit of occupan6y will be-issued for "Lionshead Arcader";vait 2Lr" or'Liit Housen until parking is supplied' please subrnit the required p1ans, sPecifications ancl calculations as soon as possible €o avoid furthei delays: If- this office can be of furthlr assistance at any time regarding thi.s matter, please contact us. August L7 ' L972 !'tr. Chuck Rosenquist Vail , Colorado 81557 SUBJECT: cc Robert Nott Terry Minger LarrY Robinson parking sttucture for nlionshead Arcader" and trlift Bouse"'' Very truly yours, Kent R. Rose, P.E. llown Engineer Exhibit 4 l:;.i""iil:/ V1 @i:t rrtrcxto rtartt 14^rL Aooi.tr J//4 t r talr. ui e Slo 8 Clas of work: El Ngw trADOITION EALTERATION E REPAIR tr MOVE T] REMOVE Slr. of Bldg. (Totrtl sq. Ft. Y:^, CC L /77s-'z I0 Change of use from Change o{ use to l l Valuation of work: $ SPECIAL CONOITIONS: APPLICATIOI{ and NOTICE SEPABATE PESMITS ABE BEOUIREO FOR ELECTFICAL PLUMB' ING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOtO IF WOFK OR CONSTRUC' TtoN AUTHORTZEO lS NOT COMMENCED WlrHlN 60 DAYS, OR lF CONSTBUCTION OR WORK IS SUSPENDEO OR ABANDONED FOF A pEaroo op r2o DAYS AT ANV TIME AFTER woBK ls coM- AN CHECK VALIDATION TE _ I NSPECTOR tt( M.o. CANARY _ AUOIT PERMIT V DATI PINK - AFPLICANT r rJ't:!\rgl\ s r\geJ- tis u4Lg I Exhibit 5 0 0ecembsr 8, 1972 TO:rERRY M INGER FROM: KENT ROSE RE:PARK ING STRUCTURE FOR LAZ I ER AND ROSENQU IST Attached are the letters I w rote to Lazler and Rosenquist regardlng their parking strucfure. They will be ln to see y9y at l:50 to ;i;;;.!-ih. io.tibility of issulng temporary certiflcates of 0ccupancy for the buslnesses wan+lng to open this week' Both of them were in Friday to +al\lf Jerry or myse lf oermission for these businesses to open as fhey are rea squeezed. We to ld them that under. no ci t"9t:lu1::t^1:: and any further action would have to come from fhe counc sure that by now they have contacted all Board members' nto. graniing ly be i ng. d we do itll. I am My opinlon is that this is our last chanc6 to sho"f these two that we mean what we say, l+ is, however, not right to punslh the little man, so we might grant them C.0.rs if Lazier can show fhat he has enough parklng rpJ""" available for fhese occupanis fhat want fo open and that these spaces are accessible, ready to use, and wi.l I remaln so.0ccupancyforfheremainderofthebuiIdingwouId+henstem. on the completion of the structure. Kent Rose Town E-ng i neee r ,{+ cc: Jerry Aldrich I Exhibit 6 Mn. Robert T. LAzien Mn. Chanles Rosenquist Vail, Colonado 81 657 Re: Conditional OccuPancy -Lift House -*@ Gentlemen: In accondance with oun ag!.eemem concennin! ttre subject buildings' the fotlowing conditions rnust be met in orden to allow ocpupancy of centain commencial aneas of the Lift House and VaiI 21: u 1. Tenants who ane neady to open befone the Chnistmas season wrlt be aLlowed to occupy the commencial space "nly. No othen occupancy wilt be allowed until the panking stnuctune is complete and a final inspection has been rnade and centificates of occupancy issued. It is undenstood that the fotlowtng tenants wilL be neady to open unden the condi- tional occupancy: Harvest Table, Punceltrs, Gorsuch Ltd., Gone Valley Tttle, LionsHead Ski Rentals' the Genenal Stone, The Place, Knisrnan, and Sassy Set. 2. Each tenant who wishes to move in beFone this deadline sl'ralt be nequined to n ctify the Building Depantment and it will, at that time, be detenmined if adeguate pankirg is available. In each case, the Building Depantment will take into consideration the public safety, number oF spaces nequi.ned and available, adequate acce-ss to those spaces, as well as considening if alt Buitding Code rbquirements l-rave been met and a frnal inspection made of each shop. 3. No occupancy will be allowed fon any condomtnium anea in erthen buitctrng untii the parking stnucture is complete and a fi.nal inspection of the stnuctune has been made. r. vve c-\iso ne mtncl you that all tap Fees nrr.rst be pard beFone a conditional occupancy penmit will be issued and the tenant allowed to open fon busi.ness. '.+.-.-:--+=--- - =_ /jn Gon-stnuition debnis and piles of dirt and snow must be nemoved befone we will considen the panking useable. The area on the northeast side of the Vail. 21 buildi,ng which is being used fon constnuction debnis rnr..rst be fenced off for public safety and to deten use of the nonth entFance to the Vail 21 buitdtng. Doons exrting into constnu cti, on aneas must be rranked trFor Ernengency Exit Only.tr Inspections will be rrrad e on a negulan the pnoperty ownens for each vi.olation TJM:lh cc: Hanve st Table Puncell?s Gonsuch Ltd. Gone Valtey Title LtonsHead Ski Rentals The General Stone The Place Knis rnan Sassy Set basis and sumrnons witt be issued of the abow conditions. to Stncerely,Jr,4lArt Tennell J. Mt6gen Town Managen ]l ]--'.<:-'"'-'-t-='--stznl. - i-t., "-r#