HomeMy WebLinkAboutLetter to George Ruther re Covenant [final]_100 Vail Rd (Rojas)Sherman &Howard L.~,.c.
VIA FIRST CLASS MAIL
Mr. George Ruther, AICP, Director
Community Development Department
Town of Vail
75 S. Frontage Rd.
Vail, Colorado 81657
ATTORNEYS &COUNSELORS AT LAW
[3ROOKSIDE PARK, SUITE 210
37347 High~ray 6
P.O. BoY 5559
AVON, COLORADO 81620
THLEPHONE: (970) 476-76x6
FAX: (970) 476-71 18
W W W.SHGRMANHO WARD.COM
January 30, 2014
James R, Near
Direct Di,il # (970) 790-1603
L-mail: jwearr~shermanhow~rQ.com
Re: Request for Nullification and Vacation of Declaration of Covenant Encumbering
100 Vail Road Vail Colorado
Dear Mr. Ruther:
As you know, my firm represents Mr. Alejandro Rojas, who is currently under contract to
purchase the above-described property (the "PropertX"). The Property is encumbered by the
enclosed Declaration of Covenant recorded on October 6, 1978 at Reception No. 172727 in the
Eagle County Clerlc and Recorder's Office (the "Covenant"). Per our earlier conversation, Mr,
Rojas, for himself and on behalf of the current owner of the Property, William J. Dore, as
Trustee of the William J. Dore Living Trust,' is requesting that the Town of Vail (the "Town")
nullify and vacate the Covenant. Accordingly, pursuant to your suggestion that I submit this
request in writing, I ain asking by this letter that the Vail Town Council (the "Council") add the
above request to its February 18, 2014 Council meeting agenda. In addition, the remainder of
this letter sets forth our reasons supporting a decision by the Council to approve Mr. Rojas's
request.
To begin, the Covenant, dated 1978, provides that;
[a]ny structure erected on the [Property], pursuant to a variance granted by the
Town of Vail under the ordinances pertaining to gross residential floor area
shall be used only as a single family residence, with caretaker facilities, unless
or until such limitation is modified or removed by subsequent action of the
Town Council of the Town of Vail under procedures provided for granting
variances under Town Ordinances then in force and effect.
~ William J, Dore, as Trustee of the William J. Dori Living Trust, has authorized Mr. Rojas to make the request to
nullify and vacate the Covenant on his behalf pursuant to the enclosed authorization letter•.
BUS RE/5099343.1
Sherman &Howard L.L.c.
Mr, George Ruther, AICP, Director
January 30, 2014
Page 2
According to the transcript for the Town council meeting of May 2, 1978, the execution
and recording of the Covenant was a condition that the Town council placed on a previous owner
of the Property in order to receive the Town's approval of GRFA and setback variances. As
such, the Covenant is private zoning effectively caused by the Town using a "spot" restrictive
covenant, a method which would not comply with the Town's current regulations for rezoning
property. (Vail Town Code § 12-5-3) The benefit of the current rezoning procedures can be seen
here in that, even though the Property is within aTwo-Family Primary/Secondary Residential
(PS) zone district, which allows the building of atwo-family residence without a variance from
the Town, a variance is still required under the Covenant to build atwo-family residence. Not
only does this conflict with the Town's decision to include the Property and the lots surrounding
it within the PS Zoning District, thus encouraging the development of two-family residences, it
goes against the Town's intention that land use restrictions affecting properties within the Town
be harmonious with the Town's zoning regulations.
Furthermore, the density concerns behind the Covenant seem to be out-of-sync with the
density concerns of recent Town Councils, in that the Town council iu 1978 sought to discourage
the increased density that would be caused by the development of two-family residences in the
area where the Property is located. Therefore, because the Covenant discourages development of
atwo-family residence on the Property, a purpose that is not in line with the Town's current
zoning regulations or density concerns, the Town Council should approve our request to nullify
and vacate the Covenant.
Please call us at your convenience if you have any questions or would like to discuss the contents
of this letter.
Very truly yours,
SHERMAN &HOWARD, L.L.C.
~'1â–º-'^""'v
James R. Wear
.. j
~`'
DECF,AR}1TION OF; COVENANT
THIS D~CLARATiON OF COVENRNT is made and.exeau~ed by
Elizabeth M. Webster, the owner of Lot 35 in Block 7:in Vail
Village First Filing, in the Town of Vail, Eagl'e'Courity,
Colorado; in order to,cr.ea~e;a,covenant,which shall run vrith: -
`tke said.descrsbed land, as Follows:
Any structure erected on'the said Lot 3S in Block 7,..
Vail Village First`~Filing, pursuant to a variance granted by
the Town of Vail under the ordinances pertaining to gross
residential floor area shall`be used only as a single-faiaily
residence;_with caretaker facilities, unless or'until`such
limitation is modified or removed by subsequent :action of the
Town Council of .the Town of Vail under procedures provided
for granting variances under Town Ordinances then in Force and
effect.
1N WITNESS WHEREOFy -the said Elizabeth M. Webster has `
set her hand this ~9 _day of May, 1978.
''
Elizabeth M. Webster
STATE OF ~'(~Gtl I
ss.
COUNTY OF ~'"
The foregoing instrument was acknowledged before me
this ~~5~' day of May, 1978, by Elizabeth M-Webster.
,'~-,`.Witness my hand and official seal,
`~~ `" ~ M, CATHIEEN WEISS
'~' Nfy~00TtU11Y5SlOri EXp1TeSt ~{GTARY PUBLIC OF NfW IERSEY
~ ~ t ''' ~ t... ~, r ~' Ezpftts November 6, 1978
~ ~ C ~
C. ). /J7~ (/ '
vv
Notar Public