HomeMy WebLinkAboutDRB070204, PEC070027, PEC070028TOWN OF YAI~
Department of Community Development
75 South Frontage Road
[fail, Colorado 81657
970-479-2138
FfLY 970-479-2452
www. vailgov. com
Mauriello Planning Group
c/o Dominic Mauriello
P.O. Box 1127
Avon, Colorado 81620
January 30, 2009
RE: Strata (aka Fogata Lodge) -Extension of approvals/701 and 705 West
Lionshead Circle, Part of Lot 1, Block 2, Vail Lionshead Filing 3
Dear Mr. Mauriello,
The Town of Vail Community Development Department is in receipt of your letter dated
January 29, 2009, regarding the administrative grant of extensions to the major exterior
alteration and design review approvals for the Strata project.
In making a determination on the administrator's ability to extend the approval date of
the major exterior alteration I reviewed Section 12-7H-7E, Lapse of Approval, Vail Town
Code, which states the following:
E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this
article shall lapse and become void two (2) years following the date of approval
by the design review board unless, prior to the expiration, a building permit is
issued and construction is commenced and diligently pursued to completion.
Administrative extensions shall be allowed for reasonable and unexpected delays
as long as code provisions affecting the proposal have not changed.
After review of this regulation I, the administrator, have determined that I cannot grant an
extension of the major exterior alteration approval due to a change to Code provisions
affecting the Strata proposal. That change being the adoption of Ordinance No. 1,
Series of 2008, requiring a minimum of 50% of the required employee housing mitigation
to occur on-site.
In making a determination on the administrator's ability to extend the design review
approval I reviewed Section 12-11-12, Lapse of Approval, Vail Town Code, which stated
the following:
Approval of the design of a project as prescribed by this chapter shall lapse and
shall become void one year following the date of final approval of the project
unless prior to the expiration of one year, a building permit is issued and
construction is commenced and diligently pursued toward completion. However,
if there have been no zoning revisions or revisions or amendments to these
~~~ 1RECYCLED PAPER
guidelines which would alter the conditions under which the approval was given,
the community development staff may extend the period of approval.
After review of this regulation I, the administrator, have determined that I can grant an
extension of the design review approval as no guidelines have been altered that would
affect the conditions under which approval was granted. Upon submittal of a design
review application requesting an extension I will grant an design review approval
extension which will correspond to the same date of the major exterior alteration
expiration of June 9, 2010.
I hope this letter answers your questions posed in your January 29, 2009, letter to me. If
you have any further questions please feel free to contact me by email at
waampbell@vailgov.com or by phone at 970-479-2148.
As you are likely aware, Section 12-3-3, of the Vail Town Code outlines a procedure for
appealing an action of the Administrator. Should you wish to appeal the Community
Development Department's determination regarding the extension of the major exterior
alteration, a form for filing said appeal is on file at the Offices of the Community
Development Department.
Sincerely,
~~~/~
Warren Campbell, AICP
Chief of Planning
Town of Vail
Cc:
File
2
•
Mauriello Planning Group
January 29, 2009
Warren Campbell, AICP
Chief of Planning
75 South Frontage Road
Vail, Colorado 8 1657
Re: Strata (aka Fogata Lodge) -Extension of Approvals
Dear Warren:
The owners of the Strata project are rec~uest~ng an extension to the approvals
given for the redevelopment of the L~onshead Inn properties. As you are aware
the current economic conditions have made ~t difficult to obtain the pre-sales of
units within the protect thus making it impossible to obtain the proper finanang to
move this protect forward in the timeframe previously envisioned.
There are a variety of approvals on the project including a maJor exterior
alteration, conditional use permits for the parking club and dwelling units on the
first floor, and design review approval. The maJor exterior alteration is due to
expire on June 9, 201 0 and the DRB approval will expire on June 9, 2009.
We are hopeful for a full recovery of the market in the next year or so and would
like to obtain an extension of all of our applications until June 9, 201 I to allow us
to have reliance on these approvals through this difficult time.
Please let me know if you are able to grant the extensions.
Thank you in advance for your cons~derat~on of this issue.
Sincerely,
~~~
Dominic F. Maur~ello, AICP
Principal