Condo owners sue Dillon
April 21, 2009
DILLON ” The Yacht Club condominium complex has filed a lawsuit against the Town of Dillon, protesting the town’s elimination of parking spaces in a public right-of-way that have been used for decades by condo owners. Dillon is moving forward on a second season of summer road projects ” this year’s project focuses on revitalizing Gold Run Circle and Tenderfoot Street.
Dillon maintains parking isn’t allowed in town right-of-ways overnight, and they’re simply following town code. The suit seeks to temporarily stop road construction until the town and the condo association compromise on the parking issue.
At stake are parking spaces for the Yacht Club, which was built in the 1960s with parking for approximately one car per unit. Yacht Club condos have up to three bedrooms. Owners maintain losing parking spots will significantly reduce the value of their property.
“I would have never moved here if I knew half the parking was being taken away,” said Steve Delaney, a full-time condo resident and president of the homeowners association.
Yacht Club is located at the corner of Gold Run Circle and Tenderfoot. Residents are tandem parking for units because not enough spaces were constructed when the complex was built.
The town has placed markers showing the town’s right-of-way by the complex, and it’s enforcing rules against parking in the right-of-way town wide.
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The road-reconstruction project will start Monday for Gold Run Circle and Tenderfoot Street. Construction is tentatively scheduled to begin May 4. Upper Gold Run construction is set for August and September. Dillon will provide a connection for the existing recpath, and work will be done to improve drainage. Bikers and pedestrians will be displaced from May until approximately July 4 ” then they will be able to bike and recreate through the area.
According to the town, the new recpath connection will run on the opposite side of Tenderfoot and Gold Run from the condo complex ” the north side of lower Gold Run and the east side of Tenderfoot.
“With road construction, it’s time to address parking issues on the road,” said Devin Granbery, Dillon’s town manager, in a previous interview. ” … It (the Yacht Club complex) was built at a time when there wasn’t off-street parking requirements. Condo owners did not provide enough parking spaces for the units. This needs to be remedied.”
Delaney said that less parking will reduce the value of the condos, hurting owners financially and opening up the complex to “blight” under the town’s new urban renewal plan.
“I feel this is just the first step from the Town of Dillon in trying to seize our property with eminent domain because of its prime lake-front location,” Delaney said. “Our property values are going to be diminished if they take away our parking or our view.”
Delaney said some people have suggested that Yacht Club build more parking on its lake-side property ” a solution he said isn’t feasible because of its proximity to water.
Granbery previously said the town’s position is that Yacht Club condominium owners have to solve the off-street parking issue on their own property and at their own expense, not with tax funds.
“The HOA has for years just thumbed their nose at the town and the neighborhood” regarding parking, said Ed Baker, who has lived on Tenderfoot Street near Yacht Club since 1987. “This problem has persisted since the building was built, and they have consistently ignored it.”
Delaney said the town suggests condo residents use overnight parking near Bootleggers, a walk that he said is too long in the winter. He also said Yacht Club offered Dillon its lake-front land for a bike path, to preserve the right-of-way parking that the condo owners say they need.
Baker said he agrees that parking at the town center is not a good solution. More parking needs to be created at the complex. And, according to Baker, a nearby lot was available in years past that could have potentially solved parking issues.
Due to pending litigation, the town would not comment further on the road-reconstruction project.
Delaney said the HOA doesn’t want to stop the project. He merely seeks a compromise and suggests that Gold Run Circle be made a one-way street, with recreational traffic in the second lane. He said he’s also worried about Dillon not doing an environmental impact study before construction begins.
Caitlin Row can be reached at (970) 668-4633 or at email@example.com