HomeMy WebLinkAbout2023-23 A Resolution of the Vail Town Council Making Findings on the Appeal of DRB22-0035, Concerning a Residential Project Located at 3070 Booth Creek Drive and Upholding the Decision of the DRB without Conditions of Approvala.The Applicant and its predecessor in interest in the Property have installed
and/or maintained numerous encroachments within the stream tract for Gore Creek within
the utility easement within Tract C of Vail Village Filing No.11, which utility easement is
adjacent to the Property. Such encroachments include a patio, flagstone, decorative
planters, benches, patio furniture, turf grass, sod and in-ground irrigation infrastructure.
b.Such encroachments constitute a violation of Vail Town Code § 5-14-4.
Applicant has been repeatedly notified of this violation, but has refused to remove the
encroachments voluntarily.
c.Such encroachments have caused and continue to cause irreparable
damage to the stream tract for Gore Creek.
d.Removal of such encroachments will prevent further damage to the stream
tract for Gore Creek.
e.The public health, safety and welfare will be served by removal of such
encroachments and the prevention of further damage to Gore Creek.
Section 2. Decision. Notwithstanding the foregoing findings, because of the
District Court's direction, the Town Council hereby upholds the DRB's decision in DRB22-
0035 to approve the Application, but removes the condition of approval.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 6th day of June, 2023.
ATTEST: .
,�B41b-c StephieBibbens, Town Clerk
2
61212023
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