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Home My WebLink AboutBellflower - Correspondence 2004Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2 r 38 FAX 970-479-2452 www.vailgov.com Country Wide Home Loans c/o Megan Capshaw June 16.2004 Re: 2933 Bellflower Drive/Lot 3, Block 6, Vail Intermountain Ms. Capshaw, This letter is to follow up our conversation regarding your belief that the property and improvements located at 2933 Bellflower Drive have a non-conforming status. Staff has examined the legal file for this property and has found no history on file. Staff is unable to determine if this property is indeed nonconforming. However, if lhe property is indeed non-conforming it will be regulated by Section 12- 18, Nonconforming Sites, Uses, Structures, and Site lmprovements. I have attached Chapter 18 to this letter for you review. Please review these comments and if you have any questions regarding this letter please contact me al 479-2148. Withregards,^ t ,n7;i;;: :"n ^. "l ,ll't llufu ,/!1 , AlNl tIA\.t- ' t, v r/\ Warren Cam[Oell f- ' - | Planner ll Cc:File {p ^""""""o r rr | 1- to- | SECTION: 12-18-1: Purpose 12-18-2: Continuance 12-'1 8-3: Sites 12-18-4'. Uses 12-18-5: Structure And Site lmprovement 12-18-6: Maintenance And Repairs 12-18-7: Discontinuance 12-18-B: Change Of Use 12-18-9: Restoration 12-18-1: PURPOSE: This chapter is in- tended to limit the number and extent of nonconforming uses and struc- tures by prohibiting or limiting their enlarge- ment, their reestablishmenl after abandon- menl, and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended lo limit enlargement, alteration, restoration, or replacement which would increase the dis- crepancy between existing conditions andthe development standards prescribed by this title. (Ord.8(1973) S 20.100) 12-18-2: CONTINUANCE: Nonconforming sites, uses, structures, and site improvements lawfully established prior tothe effective date hereof may continue, subiect to the limitations prescribed in this chapter. Sites, uses, structures, .and site rmprovements lawfully authorized by per-mits or regulations existing prior to the effective date hereof may continue, subject CHAPTER 18 NONCONFORMING SITES, USES, STRUCTURES AND SITE IMPROVEMENTS rz- | d-J to such limitations as prescribed by suchpermits or regulations. (Ord. 8(1973) s 20.200) 12-18-3: SITES: Sites lawfully estabtished pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this title for the district in which they are situat- ed may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this title. No such site shall be further re- duced in area or dimensions. (Ord. 8(i973) s 20.300) 12-18-4: USES: The use of a site or struc- ture lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this title for the district in which it is situated may be continued, provided that no such nonconforming use shall be enlargedt0 occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or tloor area occupied by a non- conforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. (Ord. 5(2001)$ 5:Ord. B(1s73)S 20.400) 12-18-5: STRUCTURE AND SITE IM- PROVEMENT: Structures and ( Town of Voil December 2001 12-18-5 site improvements lawfully established prior to the effective date hereof which do not contorm to the development standards prescribed by this title for the district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations: A. Lot And Structure Requirements: Structures or site improvements which do not conform to requiremenls tor setbacks, distances between build- ings, height, building bulk control, or site coverage, may be enlarged; pro- vided, that the enlargement does not further increase the discrepancy be- tween the total structure and applica- ble building bulk control or site cover- age standards; and provided that the addition fully contorms with setbacks, distances between buildings, andheight standards applicable to the addition. Density Control: Structures which do not conform to density controls maybe enlarged, only if the total gross residential floor area of the enlarged structure does not exceed the totalgross residential floor area of the preexisling nonconforming structure. Open Space And Landscaping: Struc- lures or site improvements which do not conform to requirements for us- able open space or landscaping and site development may be enlarged; provided, that the useable open space requirements applicable to such addi- tion shall be fully satisfied, and provid- ed that the percentage of the total site which is landscaped shall not be re- duced below the minimum require- ment. 12-18-B D. Off Street Parking And Loading: Struc- tures or site improvements which do not conform to the off street parking and loading requirements of this title may be enlarged; provided, that the parking and loading requirements for such addition shall be fully satisfied and that the discrepancy between the existing off street parking and loading facilities and the standards prescribed by this title shall not be increased. (Ord. 8(1973) S 20.500) 12-18-6: MAINTENANCE AND RE- PAIRS: Nonconforming uses, structures, and site improvements may be maintained and repaired as necessary for convenient, safe, or efficient operation or use; provided, that no such maintenance or repair shall increase the discrepancy be- tween the use, structure, or site improve- ment and the development standards pre- scribed by this title. (Ord. 8(1973) S 20.600) 12-18-7: DISCONTINUANCE: Any non- conforming use which is discon- linued f or a period of twelve (1 2) months, regardless of any intent to resume opera- tion of use, shall not be resumed thereafter. and any future use of the site or structures thereon shall conform with the orovisions of this title. (Ord. 8(1973) S 20.700) 12-18-8: CHANGE OF USE: A noncon- f orming use shall not be changed to another nonconforming use unless permission has been granted by the town council. Prior to granting such permis- sion, the council shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located, and the i( B. December 2001 Town of Voil tz-to-t1 council shall determine that the proposed use does not increase or aggravate the degree of nonconformity existing prior toany such change of use. (Ord. S(197S) s 20.800) 12-18-9: RESTORATION: Whenever a nonconforming use which doesnot conform with the regulatlons lor the district in which it is located, or a noncon- I forming structure or site improvement which does not conform with the requirements for setbacks, height, density control, building bulk control or site .coverage is destroyed by fire or other calamity, by act ol God or by the public enemy, its use may be re- sumed or the structure may be restored, provided the restoration is commenceo within one year and diligently pursued to completion. All new construction must con- form to the applicable adopted building codes, fire codes and other relevant codes regarding safety and construction which areI in effect at the time rebuilding is proposeo. (Ord. 31(2001) g 12: Ord. 39(1982) g 1: Ord.35(1981) g 1: Ord.8(197s) S 20.900) i 12-18-9 Town of Vail February 2002