HomeMy WebLinkAboutRansburg license agreement 101612TO: Vail Town Council
FROM: Community Development Department
DATE: October 16, 2012
SUBJECT: A request to enter into a license agreement with David & Alexandra Ransburg for existing
private improvements (patio & water feature) on town-owned streamtract (Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing 3, and setting forth
details in regard thereto.
Applicant: David and Alexandra Ransburg, represented by Jack Hunn
Planner: Rachel Dimond
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 patio and water feature
The applicant would like to limit revocability of the license agreement to certain
conditions
II. BACKGROUND
A duplex was built on the subject property in 1988.
A design review application was submitted in 1993, with an electrical permit issued for the recirculating
pump for the water feature on Vail Resorts property.
In 1990, Vail Resorts and the applicant submitted a number of documents to the Town of Vail stating an encroachment agreement would
be executed, or said encroachments would be removed. The encroachment agreement was never executed, but the encroachments remain.
On December 21, 1999, Vail Resorts deeded the subject
streamtract to the Town of Vail.
On July 19, 2011, the Vail Town Council unanimously approved a zero tolerance policy for encroachments into town-owned streamtract in order to improve
the health of Gore Creek. However, improvements that were approved by the Town have been permitted to remain in place with license agreements that include revocability clauses.
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 patio and water feature.
Because the Town of Vail approved the encroachments in 1993, the Community Development Department recommends the Vail Town Council approves
the applicant’s request.
Should the Vail Town Council choose to approve, with conditions, the applicant’s requests, Staff recommends the Council pass the following motion:
“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 (patio & water
feature) on town-owned streamtract (Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing 3, 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.
IV. ATTACHMENTS
A. Vicinity map
B. Photos of improvements on town property
C. Survey of improvements
D.
Letter from applicant’s representative
E. Supporting documentation from applicant