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HomeMy WebLinkAboutBIGHORN SUBDIVISION LOT 12 LEGAL.pdfiltt c0Pr IawOrrrctsor lltrncrnrr E. IIersrox, P.C. 215 Wru, Srrru'r, SurrE 205 Yeun Coroneoo t1657 Lot 12, B3l-,"5,5 TBrrnrom (Ynr$ffi Tnurrx(9?!) OG|d{E4 4oaq N'l[*LJ"v / September 27,2006 Warren Campbell Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Dear Warren, As you may already know, I have been asked to assist W.I. and Trudy Thomas, as representatives of property owner Becker Appointment Trust with certain improvements that they wish to undertake on Lot 13, Bighom Subdivision. It is my understanding that you are aware that the property owner would like to add a dormer and expanded patio to ihe residence located on Lot 13, and that the desired improvements fall within the setback from the tot line between Lot 13 and Lot 12, requiring a variance for their construction. Becker Appointment Trust is also the owner of Lot 12. As you know, it is the long-term goal of the Becker Appointment Trust to eliminate the lot line dividing Lot 12 and Lot 13, unifying both non-conforming lots into one property. As part of the preparation of the documents needed to eliminate the lot line, the Thomases discovered that the sewer line cunently used by neighboring Lot l1 encroaches on both Lot l2 and Lot 13. The line appears to fall through the logical building envelopes of Lot l2 and Lot I 3 (both as they stand today' and as the unified lot would exist after abandoning the property line). Furthermore, preliminary investigation indicates that the seu'er line may lie as close as three feet from the original features located on Lot 13. During the process ofapplying for approval to abandon the line, the Thoii'rases were asked by Torvn of Vail to clallS the location anC rights regarding the line in use by their neighbors, and they had high hopes of being able to do so in a timely way. Unfortunately, the owners of Lot I I have not been willing to enter into the easement agreements that have been offered by the Thomases. The Thomases believe that they have made reasonable, even generous, offers to formalize the encroachment into an easement by agreement, but they have not met with any success. The Thomases have offered a solution that would permit the present line to be accessed for routine and periodic maintenance, formalizing the area available to Lot I 1, and have not asked for compensation for that agreement. While the Thomases are willing to acknowledge and formalize existing use of the sewer line at present capacity, the owners of Lot I I believe that they should be entitled to install any line or lines across Lot 12 and Lot 13 as may be needed for use in any structure approved by the Town of Vail now or at any future date. LAw oFFrcEs oF MARGARET E. HANI,ON. P.C. September 27,2006 Warren Campbell Page Two ofTwo After a number of conversations, it regrettably appears that formalizing the use of the disputed areas may well require the involvement of the court system, and of the title companies insuring both Lot 12 and Lot 13. Since Lot 12 was purchased well before Lot I 3, and under different facts and knowledge of relevant parties, the resolution of the disputed area on Lot l2 is likely to differ from that ofLot 13, and it appears that each Lot will be called upon to demonstrate its own history with respect to the encroachment from the neighboring lot. Regrettably, abandonment of the line between them at this time could pose serious adverse consequences for the Becker Appointment Trust. I believe that Trudy Thomas communicated to you that the residence in dire need of a new roof due to significant interior leaking. She has been informed by the roofing company that installation of the desired dormer as part of the present roofing project will not only save the family several thousand dollars. but w'ill result in a better and more cohesive roof surface (eliminating additional seals that would be required if it were added at a future date). Further, the requested improvements would not intrude on any third party, would not interfere with any view, light, access or other feature enjoyed by any abutting owner other than the applicant itself (as owner of Lot l2). Finally, it has been and remains the desire of the Becker Appointment Trust to unifl the two lots into a single parcel upon settlement of the encroachment issues, eliminating the nonconforming use at that time. The property owner believes that the facts and circumstances surrounding the use and ownership of Lots 12 and 13 constitute a proper case for the relief of a variance from the setback requirement. The actions that they are contemplating in the setback do not adversely affect any unrelated abutting owner, and the need for relief arises out of actions that are completely outside the control of the applicant. The Thomases urgently hope that they will not be prevented from completing their desired improvements because of an im.proper encroachment onto their propertv by a neighbcring lando.,r,ner. As the winter is approaching quickly in East Vail, the Thomases respectfully ask any cooperation that planning staffcould offer to assist them in timely consideration oftheir reouest for a variance. Sincerely. LAW OFFICES OF MARGARET E. HANLON. P.C. au* MEH/sm Marsaret E. Hanlon fiiiffir &t i.$i, rliii iiii dil ttl ( M'o u .os)/, /t ri iE iE ;!in ri iEE;€i 'i <a sl E} E i€ 3's tF--+ a-*-g 6 3 ',r (\ tr r.-,+ !^J i + _o\q xl -s ti :'1 - '. ,'' ,-/i) )x ..{ ^ I ..,*'" "'--..,- ."/ ii ;ci=oci Q=i-{r' q93-# Ese i a6;826 road . vail. coloraalo 81657 303,476-7000 e'r & )O7 75 south tronlage road vail. colorado 81657 (303) 476-7000 March 2l , ]983 SCOTT HOPMAN 4512 E. LAYFAYETTE PHoENiX, ARIZ0NA 85018 re: Lots 12 & 13, Bighorn sub Dear Scott: Here's the p'lat for Bighorn subdivision. The my'l ar copy was too fight for good reproduction, so I've inked in the djmensions of lots l2 and .|3. Our records indicate'l ot 12 contains .|7,903 square feet allowing 4040 square feet of GRFA, while'l ot 13 has .l8,861 square feet, allowing 4,136 square feet of GRFA. They're both zoned(R) duplex. Please contact me if you have further questions. Sincerely, PETER PATTEN Sen ior P'l anner PP:br 9,-\ oI t3 k, re*tr**; P<4 tw'r '