HomeMy WebLinkAboutVail Village West Filing 2 Lots 41-43 Hamlet Unit 3 Stream Tract Violation
August 8, 2013
Connie & Harald Jorck
2014 W Gore Creek Dr., Unit 2
Vail, CO 81657-3848
Re: Notice of Violation, Subdivision: Hamlet Townhouses, Unit 3
Sent Certified: 7008 0150 0000 1226 7007
Dear Mr. and Mrs. Harald,
My name is Joe Batcheller, Planner for the Town of Vail. I am writing with regard to your
property at the Hamlet Townhouses, specifically the landscaping that has occurred within the
Gore Creek steam setback. My colleague, Warren Campbell, and I visited your property on July
23, where we met Connie and discussed our concerns and steps needed to address the
problem.
The primary reason for our visit was the new sitting area created next to the Gore Creek. This
modification is in violation of section 12-21-11, Flood Hazard Zones, of the Vail Town Code,
specifically subsection 12-21-11(F)(3) which states:
“3. Floodways: Floodways located within areas of special flood hazard established in
subsection B of this section, are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters which carry debris, potential
projectiles and erosion potential, the following provisions shall apply:
a. Encroachments are prohibited, including fill, new construction, substantial improvements
and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
b. If this subsection F is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this subsection F.”
What is more, the sitting area appears to be filled with fine material (dirt/sand), which the Town
has been working tirelessly to try to reduce the presence of within the Gore Creek since 2001
when water quality specialists had rated the creek with low marks. Fine materials have a
devastating effect on the stream’s ecology. It clogs fish gills, effectively suffocating them, and it
smothers fish and insect eggs, leaving fish without offspring or a source of food.
A secondary concern is the newly resurfaced patio. This exterior alteration is in violation of
section 12-11-3, Design Approval, of the Vail Town Code, which states,
“A. Scope: No person shall commence removal of vegetation, site preparation, building
construction or demolition, dumping of material upon a site, sign erection, exterior alteration
or enlargement of an existing structure, paving, fencing or other improvements of open
space within the corporate limits of the town unless design approval has been granted as
prescribed in this chapter. The addition of plant materials to existing landscaping, gardening
and landscape maintenance shall be exempt from this provision.
B. Violation: It shall be a violation of this chapter and the building permit for any person to
commence, continue or complete work that has not received design approval as prescribed
in this chapter and/or is not in conformity with the plans approved and authorized by the
administrator and/or the design review board and the building official.”
As discussed with Connie, certain steps need to be taken in order to bring the property into
compliance.
1. The new sitting area along the stream bank needs to be removed, restoring to its natural
state. This will require a Floodplain Use Permit (see attachment). Should you have any
questions regarding work in the floodplain, please contact Tom Kassmel, the Town’s
Floodplain Administrator, at 970-479-2235 or tkassmel@vailgov.com.
2. A Design Review Board application is needed for the patio (see attachment).
Please submit these applications no later than Monday, August 19, 2013. Failure to submit
these applications by this date may result in legal action in municipal court. Should you have
any questions, you can contact me by email (JBatcheller@vailgov.com) or phone (970-479-
2440). The Town of Vail would like these issues fully addressed by September 30, 2013. Thank
you.
Best regards,
Joe Batcheller
Planner I
Town of Vail
Cc: file
Town of Vail
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