Planning Commission Minutes 2015 09 10

Home Browse Search

Planning Commission Meeting Minutes September 10, 2015 Page 9 of 21 Public Comment: Scott Osgood, 838 W. Dahlia Court, Louisville, CO 80027 1 am here today not as a resident of Louisville but as the attorney for the Gallawa family which owns the Louisville Tire property, Lot 102, of the Louisville Trade Center. I am an anomalous situation because my clients are in favor, in general, with the development that is being proposed with DELO. They are, at the same time, greatly concerned about the conceptual proposal to put a driveway through their parking lot. The parking lot was designed and created an easement on the plat in the 1980s with the intention that both Lot 101, which is now for the most part Lot 1 of the redevelopment, and Lot 102. Lot 101 never developed and that parking area, all 60' of it both on our side of the line and on the DELO side of the line, has been used exclusively by Louisville Tire and its predecessor since the mid 1980s. They have become very dependent on that parking and it would hurt to lose it. The conceptual proposal to put a driveway through there, even as an alley, is a great concern. I wanted to show up tonight partly to get these documents admitted. I thank you for doing so. The original plan was submitted on three pages, Plan File 16, File 2, Nos 12, 13, 14. The other documents were revised as Plan File P20F3-34. The documents clearly indicate that the function of that 60' stub to nowhere was to provide parking for both lots. Since only one lot got developed, only one lot ended using all of it. The BOOM property fenced off that entire area so it became enclosed for the use of Louisville Tire only. This has been the case since the 1980s. They think they have all sorts of potential claims with that area and I will not get into a discussion of adverse possession with you. I don't think that is your function. That is between the parties. But as it does affect you, I wanted to specifically highlight the reasons for the concern and they are two -fold: 1. The easement, although called an access easement, was really for parking and the access was to the parking spaces. 2. As with all easements, the burden only flows to the benefitted property and can't be extended beyond that. The property benefitted only Lot 101 of the Louisville Trade Center and does not include any benefit to what would now be part of Lot 1, Lot 2, Lot 3, and Lot 4 of the DELO development. The easement doesn't give access to any of those properties under any circumstances, no matter whether it was for parking or not. It only goes to the edge of what was originally Lot 101 of the Louisville Trade Center. I wanted to bring those to your attention and make a record about it. These are the reasons for concerns. It would be very harmful to a long time, successful Louisville business to deprive it of its parking. We are in accord with the Staff recommendation for approval of the project but with the condition that this issue, whether it is easement or whatever, be worked out between the parties before final approval. My clients just realized this issue within the last couple of weeks and we wanted to bring it out as soon as possible because it is very expensive to go through a development process, especially if you have to change things around. Anything can be designed but it is expensive to do that, and we want to get that out as soon as possible and design accordingly. Brauneis asks if they are okay with the condition? Osgood says we want to insist on it being a condition. We do not object to the preliminary approval. Robert Tofte, 1417 Courtesy Road, Louisville, CO 80027 1 live a couple houses over from the development facing Highway 42. 1 did not realize anything about this. I would say that Louisville Tire has been a great neighbor. They have always taken care of their property. The one thing that is important to them, I think, is being able to have cars parked somewhere. If the easement causes more cars to be parked on Griffith Street, particularly on the north side of Griffith Street where the Rizzi family lives, I think that would be very detrimental to the Little Italy neighborhood. When they are closed and tow trucks bring damaged cars, occasionally a car will go on that side of the street. Sometimes people who are