Parking still an issue for Yacht Club condos in Dillon
Summit Daily News
The dispute over parking between the Town of Dillon and the Yacht Club is still ongoing. Months after the district court ruled in favor of the condo complex, the case is now being appealed by the town in appellate court in Denver.
The condo complex is located at the corner of Gold Run Circle and Tenderfoot Street, and the homeowners’ associated sued the Town of Dillon last winter over a recreation path project impacting the town’s right-of-way. Condo residents had been parking in the right-of-way since the complex was built in the 1960s, and they maintained the town was taking away much-needed parking spaces. Town officials said the condo residents had been parking illegally in the right-of-way for years. Dillon staff and council members said they wanted the homeowners association to deal with its parking issues to remedy the situation.
Last past August, District Court Judge Terry Ruckriegle ruled in favor of the homeowners association, and said the town cannot ticket or tow cars parked in the right-of-way in the vicinity of the condo complex, since it was allowed when the condos were built. The town is currently appealing the judge’s ruling, which probably won’t be heard for another year.
President of the Yacht Club homeowners’ association Bill Bivens said the town is being unfair toward the Yacht Club concerning right-of-way rules. He said other condo complexes – like Summit Yacht Club – and private homeowners along the two streets have access to a portion of the town’s right-of-way for grass, driveways and parking lots, and do not get ticketed or towed for using them, despite ordinances saying it’s not allowed.
“Only the Yacht Club could not use the town’s right-of-way, except to drive over to get to their parking spot,” Bivens said.
Dillon town officials offered no comment on the case, saying they cannot speak about cases currently under litigation.
Dillon municipal code says the town does not allow parking in the right-of-way from 2-6 a.m., except in the 72-hour lot on Lodgepole Street. Lake Dillon Drive, Lodgepole Street, Buffalo Street and La Bonte Street are among the streets the town has designated public parking in the right-of-way on, which town officials said are subject to the 2-6 a.m. provision. Overnight parking is allowed in the five designated town center parking on a rotating basis, and the 72-hour lot on Lodgepole.
Per a town municipal code passed in 2009, the police chief has the authority to designate and sign areas of the right-of-way where parking is prohibited. There is currently a no-parking sign in the right-of-way across from the yacht club condos.
“From the start there was never enough on-site parking for the 49 units located at the Yacht Club, especially considering that some of the units have lock-offs and are three-bedroom units,” Bivens said. “The parking at the time was supposed to be on the street in the town’s right-of-way, similar to parking in many cities and towns across the country.”
The complex currently has 43 legal parking spots.
During the course of recent legal action, Bivens said it was discovered that prior to town approval of the condo’s plans in the 1960s, the town tried to get the developer to put on-site parking in his layout. The developer’s attorney sent a letter to the town citing a Colorado Supreme Court case which said towns and cities cannot force developers to put on-site parking in their plans. Bivens said the town then approved the complex for construction with some on-site parking and overflow parking in the town’s right-of-way on nearby streets.
Bivens said the Yacht Club used tandem parking for years along both Tenderfoot and Gold Run, which gave the complex 86 spots, as opposed to only 43. He said this was allowed until October 2008, when the town wanted to build the recreation path and said complex residents couldn’t park in the right-of-way any longer.
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