Hoffmann sues Avon over shutters | VailDaily.com

Hoffmann sues Avon over shutters

The Hoffmann Commercial Real Estate company has dismissed a lawsuit against the town of Avon after the two parties came to an agreement over the shutters at Chapel Square. The shutters are now painted in a single color.
Daily file photo |

AVON — The Hoffmann group doesn’t want to remove the faux shutters from buildings they own in town, and they are taking Avon to court in an effort to keep them.

The real estate company owns much of the commercial space in the area of town known as East Avon and has millions of dollars in redevelopment currently underway in that area, which extends from Avon Road to Chapel Place and East Beaver Creek Boulevard. Changes to buildings A and C, located at 230 and 245 Chapel Place, are among those redevelopment efforts, and faux shutters on the windows there are among those changes.

The town’s planning and zoning commission felt the shutters didn’t fit the character of the town and told Hoffmann to take them down.

Hoffmann then appealed that decision to the Town Council, which — after hearing much testimony from the homeowners association in building B, who said they strongly disapprove of the shutters — upheld planning and zoning commission’s decision in August.

The next step in this process, for someone who really wants to keep their shutters, is to bring the matter before the judge.

Paperwork was filed with Eagle County District Court on Sept. 22.

“It’s not contentious, it’s just a matter of where it has to go procedurally,” said Jon White, with Hoffmann. “We’re not doing anything that’s against code or against ordinance, or anything that’s not allowable in the town. Clearly, there’s buildings that have shutters. What it came down to is they did not like the (red and white) color choice of the shutters, that’s kind of why they denied it. We even offered to change the color of the shutters to try to avoid all of this and that wasn’t palatable to them, so that brings us to where we are today.”

Disputes like this one are usually handled using an abbreviated civil process, where transcripts are certified, briefs filed and a judge rules without involving a jury. The town has insurance to cover their costs, with a $5,000 deductible being the most the case could cost Avon.

“Often times, cases like these can be as short as four to six months, or as long as 12 months,” said Eric Heil, Avon town attorney.

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