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HomeMy WebLinkAboutVail Lionshead Filing 1 Block 1 Lot 3 Vail 21 Common Element • 1110 411) i g �y IRO 01 V � box 1 00 • Vail , Colorado 81657 • 303 . 476 . 5613 December 12, 1972 • Mr. Robert T. Lazier • Mr. Charles Rosenquist Vail, Colorado 81657 Re: Conditional Occupancy - Lift House and MD Gentlemen: • In accordance with our agreement concerning the subject buildings, the following conditions must be met in order to allow occupancy of certain commercial areas of the Lift House and Vail 21 : 1 . Tenants who are ready to open before the Christmas season will be allowed to occupy the commercial space only. No other occupancy will be allowed until the parking structure is complete and a final inspection has been made and certificates of occupancy issued. It is understood that the following tenants will be ready to open under the condi- tional occupancy: Harvest Table, Purcell's, Gorsuch Ltd. , Gore Valley Title, LionsHead Ski Rentals, the General Store, The Place, Krismar, and Sassy Set. • 2. Each tenant who wishes to move in before this deadline shall be required to notify the Building Department and it will, at that time, be determined if adequate parking is available. In each case, the Building Department will take into consideration the public safety, number of spaces required and available, adequate access to those spaces, as well as considering if all Building Code requirements have been met and a final inspection made of each shop. 3. No occupancy will be allowed for any condominium area in either building until the parking structure is complete and a final inspection of the structure has been made. 4. • We also remind you that all tap fees must be paid before a conditional occupancy permit will be issued and the tenant allowed to open for business. • . . 0 0 Page, 2 Mr. Robert T. Lazier Mr. Charles Rosenquist December 12, 1972 5. Construction debris and piles of dirt and snow must be removed before we will consider the parking useable. The area on the northeast side of the Vail 21 building which is being used for construction debris must be fenced off for public safety and to deter use of the north entrance to the Vail 21 building. Doors exiting into construction areas must be marked "For Emergency Exit Only." Inspections will be made on a regular basis and summons will be issued to the property owners for each violation of the above conditions. Sincerely, ___:),, , t.c 4,.:...)/2#,, . 2 Terrell J. Minger • Town Manager TJM:lh cc: Harvest Table Purcell's Gorsuch Ltd. Gore Valley Title LionsHead Ski Rentals The General Store The Place Krismar Sassy Set 0 c L - °;)-1 , tltc. `� May 22 , 1972 Ms . Diana Wygant Building Department Town of Vail Vail, Colorado 81657 Dear Diana: This letter is for the purpose of reviewing matters dis- cussed at a meeting on April 27 , 1972 in which Robert Lazier, Chuck Rosenquist, Larry Robinson, Ed Struble and myself were in attendance . The subject of the discussion was the time table required for construction to commence on the joint-use parking structure which is intended to accommodate the parking demands of build- ings completed, under construction or scheduled to commence this summer on portions of Block 1 , Lot 3, Vail/LionsHead First Filing . These buildings are known as "LionsHead Arcade Build- ing", under the ownership of Bob Lazier; "Vail 21" building, under the ownership of Charles Rosenquist ; and "The Lift House" building, under the ownership of Bob Lazier . Robert H. Nott represented the position of Vail Associates that in accordance with those understandings set forth in the contracts made with the building owners, construction of the joint-use parking structure was to be commenced during the summer of 1972 . Furthermore , Robert H. Nott stated that Vail Associates would not support any variance application on the part of Lazier and Rosenquist to defer construction of this structure until a later building season. Yours very truly, VAIL ASSOCIATTEESS , INC . Robert H. Nott Vice President - Real Estate /jm AREA CODE 303 476-5601 S BOX 7. VAIL, COLORADO 81657 11111 C • } August 30, 2006 Mr. Bill Walker Billio031 @hotmail.com Re: Vail 21 Parking issue Lot 3, Tract C, Vail Lionshead 1st Filing Dear Bill, Thank you for your patience while Town Staff discussed the issues being considered regarding the Vail 21 parking situation. The primary problem for Vail 21 arises from the separate ownership of the joint parking structure. Though the structure was constructed with the intent, or "an agreement", to provide spaces for Vail 21 and other buildings (according to the letter from Stewart McNab dated August 1' 2006), the current owner(s) of the parking structure have conveyed the spaces otherwise, according to your correspondence with me. The Town has no jurisdiction to force the owners of the parking structure to provide required parking spaces for the owners of other developments, in accordance with the following section of the Vail Town Code: 12-10-17: LEASING OF PARKING SPACES: A. General: No owner, occupant or building manager, or their respective agent or representative, shall lease, rent, convey or restrict the use of any parking space, spaces or area to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the zoning ordinances or regulations of the town except as may be specifically provided in this section. The Town acknowledges that Vail 21 received a Certificate of Occupancy from the Town of Vail building department in 1972, which was granted based on the completion of the joint parking structure. However, the Town has no preference regarding the location of the parking spaces required of Vail 21. At the time of the Certificate of Occupancy issuance, Vail 21 was able to prove that its required number of parking spaces was being met in the joint structure thereby satisfying the zoning regulations of the Town of Vail at that time. However, please be aware that if any application is submitted today which requires review by the Town of the parking requirements for Vail 21, the development will be required to prove that its current and/or proposed parking requirements are still being met, either in that locale (via a private lease agreement) or via the Town's pay-in-lieu system. Again, the Town cannot dictate that the owner of one parcel of land provides parking for the owners of another parcel of land. If you find that such a scenario is occurring now, the Town will deem it a civil matter to be resolved in court. Please let me knp.where is anything else that I can help with at this point. Best regards,/ Elisabeth Reed 970.479.2454 CARVER KIRCHHOFF SCHWARZ McNAB & BAILEY, LLC ATTORNEYS AT LAW STEWART MCNAB DIRECTDIAL 303.893.1819 smcnab@cksmb.com August 1, 2006 Ms. Elisabeth Reed Planner Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Vail 21 Condominium Parking Dear Ms. Reed: As you may recall from our earlier conversation, I represent the Vail 21 Condominium Association ("V21 CA") in connection with the parking situation for its members. I write to you because of our previous communications and because I know you have some familiarity with the issues. At the same time, I am sending a copy of this letter to Susie Huxford, Vail's Code Enforcement Officer, because this letter is a request that the Vail Town Code ("VTC") off-street parking provisions be enforced. The Vail 21 condominium building was constructed in 1972. The developers/owners were a group headed by Charles Rosenquist and Richard Brown. Then, as now, ToV required that parking be provided for new buildings within the Town. The developers had agreed with Vail Associates, from which they purchased the real estate, to construct a joint-use parking structure on an adjacent parcel to accommodate the parking demands of the Vail 21, Lift House and Lionshead Arcade condominiums. The parking structure was constructed by the Rodenquist/Brown group as well as by Robert Lazier, the developer of the other two condominiums. It is currently owned by Lazier and his wife (owners of an undivided one-half interest) and by Lady Belle Partnership, LLLP (successor to Rosenquist) and Brown, who together own the other undivided one-half. The building permit for the Vail 21 building (issued July 31, 1972), specifically recites that 58 off-street parking spaces were to be provided. Correspondence in the ToV's file establishes that the residential units in Vail 21 could not be occupied before the parking structure had been completed. The Vail 21 building has 19 residential units, so under VTC §12-10-10 and 11, twenty-seven parking spaces (19 x 1.4= 26.6) must be provided to accommodate the off-street parking needs of those dwelling units. Presumably, the remaining 31 spaces were to be provided to the owners of the commercial units in Vail 21 pursuant to the claimed uses and the parking requirements contained in the same Code section. HUDSON'S BAY CENTRE 1600 STOUT STREET,SUITE 1700,DENVER,COLORADO 80202 MAIN 303.893.1815 FAX 303.893.1829 Ms. Elisabeth Reed August 1, 2006 CARVER KIRCHHOFF SCHWARZ McNAB & BAILEY, LLC Page 2 of 3 Currently, the owners of the parking structure make only 14 spaces in the parking structure available for Vail 21's residential units, by leasing them to V21 CA. All but 2 of the commercial units in Vail 21 are owned by Richard Brown and Lady Belle, who assert control all of the spaces intended to be for the use of Vail 21 unit owners and lease them out at their discretion. Furthermore, Brown and Lady Belle have indicated through their lawyer (January 13, 2006, letter attached), that they do not plan to continue to offer the few spaces they now lease to V21CA beyond the next four to six years. V21CA believes that Brown and Lady Belle lease the spaces withheld from its members to other users. This situation is in violation of at least two sections of Chapter 10 of the Vail Town Code. First, to avoid the possibility that a developer will create off- street parking spaces to get occupancy approval and then use them for other purposes, the off-street parking ordinance provides: Off-street parking and loading facilities used for off-street parking and loading on the effective date hereof shall not be reduced in capacity to less than the number of spaces prescribed in this chapter, or reduced in area or number to less than the minimum standards prescribed in this chapter. VTC § 12-10-3. By withholding spaces from V21CA residential units and commercial units they do not own, the owners of the parking structure have effectively reduced its capacity below the standards of VTC §12-10-10. V21CA suspects that Brown and Lady Belle have reduced the capacity of the parking structure in two other ways. First, 'z V21CA believes that some of the commercial uses now in existence require more ' parking under VTC §12-10-10, than those contemplated when the building was " i1 `constructed. Second, Brown and Lady Belle have changed to commercial uses space �6 L ''' ; in the Vail 21 building which was not even planned for commercial use when the building was constructed. Those changes were not accompanied by the addition of parking spaces in the parking structure. In addition, VTC § 12-10-17 preven s the leasing of spaces "to any person other than a tenant, occupant or user oft the building for which the spacA, spaces or area are required to be provided by the zoning ordinances or regulations of the town" without a permit. V21 CA is unaware of any such permits being issued for the parking spaces Brown and Lady Belle are withholding from its members. The owners of the parking structure are not entitled to such permits based on the criteria set forth in the Code. In light of the foregoing, V21CA hereby requests that ToV enforce the above quoted ordinances as they relate to the parking structure adjacent to the Vail 21 building. Specifically, V21 CA requests that ToV require that the owners of the parking structure provide to those V21CA members who do not have an ownership in the structure, all of the off-street parking spaces to which those members are entitled. Any non permitted (and unqualified) leasing of spaces in the parking structure must be stopped. Ms. Elisabeth Reed August 1, 2006 CARVER KIRCHHOFF SCHWARZ McNAB & BAILEY, LLC Page 3 of 3 If you have any questions about the facts or about what V21 CA is seeking, or if I can provide any further information, please feel free to contact me. I look forward to hearing from you. Very ; yo rs tifie {ew&t McNab cc Susie Huxford, Town of Vail Code Enforcement Officer Vail 21 Condominium Association Harold A. Turtletaub 610 West Lionshead Circle Vail, CO 81657 (970)476-5265 August 9, 2006 Town of Vail Legal Department 75 S. Frontage Road West Vail, CO 81657 Re: Vail 21,#503 Dear Sir/Lady; My wife and I are 50%owners of the above property and have been so since 1989. From the commencement of our ownership to the present, we have been using the parking facility to the rear of Vail 21. The owners of that parking structure have rented parking space to our condominium association since 1972 or 1973 when the parking structure and Vail 21 was constructed. Approximately six months ago during a conference of certain owners of Vail 21 and owners of the parking structure(who are planning to demolish the parking structure and construct a new one),the lawyer for the owners of the parking structure rejected any future arrangements for the owners to park in the new structure. Thereafter a few of the owners researched the Town of Vail records going back to 1972. To their amazement and shock, the records revealed that the town of Vail required the developer to"provide" 1.4 spaces of parking for each residential owner as-aprecondition to constructing Vail 21. For approximately 34 years,the developers have ( unlawfully llected rent from the dozens of unit owners. Furthermore,the developers intend to unit owners from access to the planned new parking structure. The collection of rent was illegal in its inception and in violation of the Town of Vail's precondition allowing the developer's to construct Vail 21 in 1972. A granting of a permit is in the future to demolish the parking structure and build a new structure,without providing for parking for Vail 21 owners, would violate vested and existing rights of unit owners. I would appreciate your advising me what the Town of Vail intends to do about the prior actions of the developers and further, what protection the Town of Vail will give to unit owners in the future. Sincere y, ,4..,(Ki/ tehier.7.7._ C Harold A. Turtletaub ANEST & BROWN, P.C. Attorneys at Law James T.Anent 19590 E. Mainstreet,Suite 107 adm,ned in Parker,Colorado 80138 Colorado&WyomingPhone:303-841-9525 Stephen L.Brown -- -__ Faz:303-841-0881 John A.McNamara slb@parkerlawyers.com January 13, 2006 Dave Gottenborg(Via E-mail) Re: Parking Lease Dear Dave: I am concerned that parking lease expectations have entered into the land exchange discussions,particularly after our recent lunch with you, Dick Brown and me. At that lunch it was my understanding that the land exchange transaction was and should be separate and apart from parking expectations of Vail 21 property owners. When you sent me your proposed 60-year parking lease, I realized that I must have been mistaken. It is my purpose in this letter to set forth Brown and Lady Belle's intentions with respect to their parking structure,and then see whether it is worth moving forward with the land exchange. Dick Brown and Lady Belle wish to continue to provide parking to residential owners of the Vail 21 Building,as they have done for over thirty years, but will not do so in legal form that would encumber their property or limit or restrict their options with respect to development or future sale of the property. Such restrictions would include a written long-term lease, granting of options to purchase or granting of rights of first refusal. They have the present intent of redeveloping the parking structure within four to six years, and then leasing or selling parking spaces at market value. Until such time as the structure is redeveloped or sold, Brown and Lady Belle intend to continue providing parking to the Association and continue working positively with the Association as they have done in the past. In light of the above, I hope that it makes sense for all concerned to move forward with the land exchange agreement. Please advise. Sincerely, ANEST '' I; VN, ' . /c4 c L. .rown cc: Richard N. Brown