HomeMy WebLinkAboutVail Recreation District Appeal 0625
June 26, 2013
Town of Vail Design Review Board
75 South Frontage Road
Vail, Colorado 81657
Vail Recreation District
c/o Mike Ortiz
700 South Frontage Road
Vail, Colorado 81657
Holland & Hart
Attn: Mr. Chris Toll
6380 South Fiddler’s Green Circle
Greenwood Village, Colorado 80111
Re: Determination of Imminent Peril to Life or Property
Dear Design Review board Members, Mr. Ortiz, and Mr. Toll,
On June 25, 2013 the Town of Vail Community Department received an appeal form appealing the
approval of the design review application (DRB13-0191) submitted by the Vail Recreation District for the
relocation of the 18th hole and green on the Vail Golf Course. The appeal form was submitted by the law
firm of Holland & Hart on behalf of eight property owners on Sunburst Drive in the Vail Golf Course
neighborhood.
The appeal of the Design Review Board action approving the design review application (DRB13-0191)
was submitted subject to the provisions of Section 12-3-3, Appeals, of the Zoning Regulations of the
Town of Vail. As such, a public hearing has been set for Tuesday, July 16, 2013 before the Vail Town
Council.
Pursuant to Section 12-3-3 (C) 4, Effect of Filing An Appeal, Zoning Regulations of the Town of Vail, in
part, the filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance. The
administrator, however, may render a decision, determination or interpretation, certified in writing to
the Design Review Board and the appellants, that a stay poses an imminent peril to life or property, in
which case the notice of appeal shall not stay further permit activity and any proceedings.
Based upon the findings of the “Vail Golf Club Driving Range Golf Ball Trajectory Study”, dated March 2,
2012, and the “Ball Flight Study Diagram”, dated May 21, 2013, each completed by the Tanner
Consulting Group, both persons and property are in imminent peril due to errant golf balls from the
driving range.. According to the Study,
“We found that the golf ball could easily escape the driving range property over the
current netting and fencing system. The areas of concern were along the right range
boundary line, around the clubhouse and the 18th green.” (emphasis added)
For that reason, as the Zoning Administrator of the Town of Vail, I am certifying in writing my decision
and determination that a stay of activity and any proceedings on design review application (DRB13-
0191) poses an imminent peril to life and property, and therefore, a stay shall not be granted. Any
further delay in the relocation of the 18th hole is unwarranted. On July 3, 2013, the Town of Vail Design
Review Board will hear a report on my decision and determination of imminent peril.
Should you have any questions regarding my decision or determination please do not hesitate to call.
You can reach me most easily by cell phone at (970) 376-2675.
Sincerely,
George Ruther, AICP
Director of Community Development
Town of Vail