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HomeMy WebLinkAboutPreviewPreview http://192.168.2.224/...nda/Preview.aspx?ItemID=3232&MeetingID=0&MeetingDate=10/16/2012%206:00:00%20PM&MeetingTime=NA[10/11/2012 12:08:04 PM] VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 16, 2012 ITEM/TOPIC: 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. PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: 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. BACKGROUND: A duplex was built on the subject property in 1988, with no encroachments onto Vail Resorts-owned adjacent property shown on plans. In 1990, the applicant was granted permission to subdivide the property into three parcels, including one parcel for each side of the duplex and a common parcel. 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. In 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. STAFF RECOMMENDATION: Because the Town of Vail approved the encroachments in 1993, the Community Development Department recommends the Vail Town Council approves, with conditions, the applicant’s request. 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. ATTACHMENTS: Ransburg Memo 101612 Ransburg Attachment A Ransburg Attachment B Ransburg Attachment C Ransburg Attachment D Preview http://192.168.2.224/...nda/Preview.aspx?ItemID=3232&MeetingID=0&MeetingDate=10/16/2012%206:00:00%20PM&MeetingTime=NA[10/11/2012 12:08:04 PM] Ransburg Attachment E