HomeMy WebLinkAboutDRB17-0171 Letter.pdfGOODMAN AND WALLACE P.C.
Vail -Ph: (970) 926-4447
Fax: (970) 926-5009
Kendra L. Carberry
Attorneys and Counselors at Law
105 Edwards Village Blvd., D-201
P.O. Box 1886
Edwards, Colorado 81632
\VWw.goodrnanwallace.com
June 16, 2017
Hoffmann, Parker, Wilson & Carberry, P.C.
511 161h Street, Suite 610
Denver, CO 80202
Via Email: klc@hpwclaw.com
RECEIVED
JUN 16 2017
Town of Vail
Aspen -Ph: (970) 925-2050
Fax: (970) 926-5009
RE: 807 Potato Patch Drive, Vail, Colorado I Design Review Hearing June 21, 2017
Dear Ms. Carberry:
This letter is addressed to you based upon your demand that all correspondence and
communication occur through you. I will therefore rely that you will forward this to the Design
Review Board prior to their review set for June 21, 2017. As you are aware, we represent the
Logan's who own 814 and 815 Potato Patch Drive. We now also represent the interest of Diane
Boyer, owner of 804 and 806 Potato Patch Drive; and 809 Potato Patch Drive, LLC, the owners
of 809A and 809B Potato Patch Drive; relative to the development of the subject property.
As it relates to the design review and potential issuance of a building permit at 807 Potato
Patch Drive, in addition to prior correspondence to the Department of the Town Engineer and
Community Development, I want to make sure that our intention is clear. First and foremost is
the issue of public safety for my clients, and for the nine residents who live above the
construction area and right of way relocation that is being contemplated. Please know we are not
challenging, at this time, the relocation of the right-of-way, nor the building permit.
We absolutely want to go on record that this request is to seek a thorough review by the
Design Review Board and that a well thought out comprehensive plan regarding staging and
construction addresses the serious issues of public safety, fire protection, and emergency
protection by first responders to all adjacent properties, and that the timeframe in which the
execution of development of the site will be thoroughly reviewed.
It is express purpose of this letter to request the tabling of any decision by the
Design Review Board until such time as an independent study can occur with respect to the
geologic hazards assessment rendered February 23, 2017 by H-P/Kumar. Additionally, the
tabling should allow for a full geologic hazard and engineering analysis to occur and an
independent general contractor study concerning the scope of the project to advise the Town with
respect to slope destabilization issues throughout the project as discussed herein. Such tabling
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and review should contemplate the amount of insurance and/or performance bond, not just for
restoration of the small disturbance of the right-of-way, but more importantly, in the event of a
catastrophic slope induced landslide occurs during the excavation, backfill, or during any work
stoppage or abandonment of the project for whatever reason, such as weather or inability to
execute the substantial completion of the project.
The H-P/Kumar geologic hazards assessment of Lot 30, Potato Patch Subdivision, 807
Potato Patch Drive, Vail, Colorado, Project Number 17-7-193 dated February 23, 2017, prepared
for the owner of Lot 30, Scott Ryan, specifically states, "due to very steep slopes ... access to the
lot is no! currently feasible with drilling or excavation equipment without creating an access trail
into the building area or grating drill pads off of the road right-of-way." Such pads, which will be
needed for excavation, removal of organic material, framing of foundation, concrete pumping
and backfill and are going to be occurring on slopes which in the building envelope reach a 51 %
grade.
Further, the excavation for the foundation will be as deep as 8,580 feet from the street
level at 8,630 feet. Otherwise stated, the contractor will be excavating 50 feet of depth of
material in a 51 % slope. Somebody better at math than I am can determine how many cubic
yards of material will be removed from this hillside; however, this amount is significant.
The H-P/Kumar report states on page 3 " ... the steep slope should remain relatively stable
provided site development grading is properly designed and constructed. There will be a risk of
construction induced instability." Until such time as the site development grading design and
an independent review by a geotechnical engineer occurs, this matter should be tabled.
As I have discussed with you and with Mr. Spence (prior to learning of your specific
engagement), we respectfully request that we be kept abreast of the DRB application and
building permit application process at every step. In addition to the concerns stated in my
correspondence to Mr. Mire dated May 23, 2017, and my correspondence addressed to Mr.
Spence June 9, 2017 with respect to Title 8 of the Code, please make note of the H-P/Kumar
report and confirm that all materials have been provided to the Design Review Board for the
review.
If you have any questions concerning this letter, please do not hesitate to contact me.
Thank you in advance for your cooperation in distributing these materials. I look forward to
working with you in this regard.
Very truly yours,
MAN~~
D. Goodman
Cc: Client
Diane Boyer; dianebover@~kealimi ed.corn
Sharon@solarisvail.com
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