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Neighbors of proposed Canyons condos sue over Red Pine Road driveway

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The site of the proposed Elevation Condominiums is on Red Pine Road, and due to a plat note from 2012, the developer couldn't build a driveway connecting to the road without the Summit County Council approving it first.

A developer is approved to build six condos in Canyons Village. But its proposed driveway on Red Pine Road has triggered a lawsuit.

Summit County Manager Shayne Scott approved the Elevation Condominiums at a March 18 hearing.

Some homeowners in the Timberwolf and Aspen Creek Crossing subdivisions say they are worried about traffic and safety impacts to Red Pine Road in upper Canyons Village.

In 2012, they successfully lobbied the Snyderville Basin Planning Commission to ban a driveway on the property behind the Escala Lodges.

The parcel where the condos would go is just above Red Pine Road, numbered "1" on the map.

When Columbus Pacific Development bought the land in 2019, it asked the planning commission to reverse course.

CPD partner Tony Tyler argues there’s no other way for vehicles to access the property. Guests would have to park at the Hyatt Centric and walk with their luggage behind the Escala with their belongings.

The planning commission didn’t side with Tyler, but on appeal, the Summit County Council did.

Eight neighbors and the Timbers homeowners association are now suing inThird District Court to reinstate the driveway ban.

Although the lawsuit was filed Jan. 11, Scott says the county has not yet been served and cannot respond in court.

“My legal counsel at the county said that we need to continue to address the application that's before us, and we can't let that potential litigation get in the way,” he said on Local News Hour Tuesday. 

Scott’s March 18 go-ahead to build only pertains to the condos, not the driveway. That authority lies with the county council.

Tyler said his attorneys have communicated with the neighborhood HOA but would not comment further. An attorney for the HOA did not respond to requests for Tuesday.

The project includes 6 condos, each with 5 bedrooms, and garage parking for 16 vehicles.

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