HomeMy WebLinkAboutPEC090021Planning and Environmental Commissonഀ
ACTION FORMഀ
TOM W VEഀ
C%xw "rf Ce%VLC"xWഀ
Department of Community Developmentഀ
75 South Frontage Road, Vail, Colorado 51657ഀ
tel: 970.479.2139 fax: 970.479.2452ഀ
web: www.valigov.comഀ
Project Name: Variance PEC Number: PEC090021ഀ
Project Description:ഀ
SETBACK VARIANCE FOR NEW TWO-FAMILY DWELLINGഀ
Participants:ഀ
OWNER TOWN OF VAIL 06/18/2009ഀ
75 S FRONTAGE RDഀ
VAILഀ
CO 81657ഀ
APPLICANT VAG, INC. ARCHITECTS & PLANN 06/18/2009 Phone: 970-949-7034ഀ
PO BOX 1734ഀ
VAILഀ
CO 81658-1734ഀ
License: 0000002386ഀ
ARCHITECT VAG, INC. ARCHITECTS & PLANN 06/18/2009 Phone: 970-949-7034ഀ
PO BOX 1734ഀ
VAILഀ
CO 81658-1734ഀ
License: 0000002386ഀ
Project Address: 2657 AROSA DR VAIL Location:ഀ
Legal Description: Lot: 8 Block: C Subdivision: VAIL RIDGEഀ
Parcel Number: 2103-142-0402-5ഀ
Comments: See conditions belowഀ
Motion By: Kurzഀ
Second By: Lindallഀ
Vote: 4-0-1 (Viele recused)ഀ
Conditions:ഀ
BOARD/STAFF ACTIONഀ
Action: APPROVEDഀ
Date of Approval: 07/13/2009ഀ
Cond: 8ഀ
(PLAN): No changes to these plans may be made without the written consent of Town ofഀ
Vail staff and/or the appropriate review committee(s).ഀ
Cond:300ഀ
(PLAN): PEC approval shall not be not become valid for 20 days following the date ofഀ
approval.ഀ
Cond: CON0010851ഀ
Design Review:ഀ
1. This approval shall be contingent upon the applicant obtaining Town of Vailഀ
approval of a design review application.ഀ
Building Permit:ഀ
2. The applicant must obtain final review and approval of a site specific hazardഀ
study (As described in Section 12-21-13, Restrictions in Geologically Sensitiveഀ
Areas, Vail Town Code), by the Town of Vail Community Development Department, priorഀ
to the issuance of a building permit.ഀ
Certificate of Occupancy:ഀ
3. The applicant shall record a plat of the property, including an approved drainageഀ
easement, prior to the issuance of a Temporary Certificate of Occupancy, orഀ
Certificate of Occupancy.ഀ
Planner: Nicole Peterson PEC Fee Paid: $0.00ഀ
TOWNOF YAII.' .ഀ
MEMBERS PRESENTഀ
Michael Kurzഀ
Susie Tjossemഀ
Rollie Kjesboഀ
Scott Lindallഀ
David Vieleഀ
Site Visits:ഀ
1. Arosa Duplex, 2657 Arosa Driveഀ
MEMBERS ABSENTഀ
Bill Pierceഀ
Sarah Paladinoഀ
30 minutesഀ
A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant toഀ
Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new two-familyഀ
dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details inഀ
regard thereto. (PEC090021)ഀ
Applicant: Vail Housing Authority, represented by VAg, Inc. Architects & Plannersഀ
Planner: Nicole Petersonഀ
ACTION: Approved with condition(s)ഀ
MOTION: Kurz SECOND: Lindall VOTE: 4-0-1 (Viele recused)ഀ
CONDITIONS:ഀ
1. This approval shall be contingent upon the applicant obtaining Town of Vail approvalഀ
of a design review application.ഀ
2. The applicant must obtain final review and approval of a site specific hazard study (Asഀ
described in Section 12-21-13, Restrictions in Geologically Sensitive Areas, Vail Townഀ
Code), by the Town of Vail Community Development Department, prior to the issuance ofഀ
a building permit.ഀ
3. The applicant shall record a plat of the property, including an approved drainageഀ
easement, prior to the issuance of a Temporary Certificate of Occupancy, or Certificate ofഀ
Occupancy.ഀ
Nicole Peterson gave a presentation per the staff memorandum.ഀ
David Viele arrived and recused due to the fact that he is involved with the proposedഀ
construction.ഀ
Stephanie Lord-Johnson, architect with VAg, representing the applicant, stated that she wasഀ
available to answer questions, but felt the memorandum covered the facts.ഀ
Bob Armour, adjacent property owner, suggested that it may be appropriate to request theഀ
applicant to remove the man-made earthen dam located on the western end of the property.ഀ
George Ruther, representing the Town as an applicant stated that he would speak with Publicഀ
Works about removing the dam, which should be removed regardless of the proposedഀ
construction on site.ഀ
PLANNING AND ENVIRONMENTAL COMMISSIONഀ
July 13, 2009ഀ
1:00pmഀ
TOWN COUNCIL CHAMBERS / PUBLIC WELCOMEഀ
75 S. Frontage Road - Vail, Colorado, 81657ഀ
Page 1ഀ
The Commissioners expressed their support for the variance application. Commissioner Kjesboഀ
stated that due to the fact that other setback variances have been approved in the neighborhoodഀ
and the site constraints, listed in the Staff memorandum, he had no trouble with the varianceഀ
request.ഀ
Kurz moved to approve the variance request, with conditions and findings stated on pages 7 & 8ഀ
of Staff's July 13, 2009 memorandum to the PEC (Lindall second). Motion passed 4-0.ഀ
5 minutesഀ
2. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan,ഀ
an element of the Vail Transportation Master Plan, and setting forth details in regard thereto.ഀ
(PEC090014)ഀ
Applicant: Town of Vail, represented by Tom Kassmelഀ
Planner: Bill Gibsonഀ
ACTION: Table to July 27, 2009ഀ
MOTION: Kurz SECOND: Lindall VOTE: 4-0-0ഀ
5 minutesഀ
3. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,ഀ
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and groundsഀ
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schoneഀ
Filing 1, and setting forth details in regard thereto. (PEC090019)ഀ
Applicant: Town of Vailഀ
Planner: Bill Gibsonഀ
ACTION: Table to July 27, 2009ഀ
MOTION: Kurz SECOND: Lindall VOTE: 4-0-0ഀ
5 minutesഀ
4. A request for a work session to discuss prescribed regulations amendments, pursuant to Sectionഀ
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, andഀ
setting forth details in regard thereto. (PEC090017)ഀ
Applicant: Town of Vailഀ
Planner: Rachel Friedeഀ
ACTION: Table to July 27, 2009ഀ
MOTION: Kurz SECOND: Lindall VOTE: 4-0-0ഀ
5. Approval of June 22, 2009 minutesഀ
MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0ഀ
6. Information Updateഀ
The PEC was informed that the Vail Row House had resubmitted an application for theഀ
establishment of a SDD.ഀ
7. Adjournmentഀ
MOTION: Tjossem SECOND: Lindall VOTE: 4-0-0ഀ
The applications and information about the proposals are available for public inspection duringഀ
regular office hours at the Town of Vail Community Development Department, 75 South Frontageഀ
Road. The public is invited to attend the project orientation and the site visits that precede the publicഀ
hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 forഀ
additional information.ഀ
Page 2ഀ
MEMORANDUMഀ
TO: Planning and Environmental Commissionഀ
FROM: Community Development Departmentഀ
DATE: July 13, 2009ഀ
SUBJECT: A request for final review of a variance from 12-6D-6, Setbacks, Vail Town Code,ഀ
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the constructionഀ
of a new two-family dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge,ഀ
and setting forth details in regard thereto. (PEC090021)ഀ
Applicant: Vail Local Housing Authority, represented by VAg Inc.ഀ
Planner: Nicole Petersonഀ
1. SUMMARYഀ
The applicant, Vail Local Housing Authority, represented by VAg Inc., is requesting a rearഀ
setback variance, from the required 15 feet to 10 feet, to allow new construction of a two-ഀ
family dwelling, located at 2657 Arosa Drive.ഀ
Based upon Staffs review of the criteria outlined in Section VII of this memorandum and theഀ
evidence and testimony presented, the Community Development Department recommendsഀ
the Planning and Environmental Commission approves, with conditions, the varianceഀ
request.ഀ
II. DESCRIPTION OF THE REQUESTഀ
The applicant is requesting a rear setback variance to allow for the construction of a newഀ
two-family dwelling (two employee housing units). The foundation of the proposed structureഀ
will encroach from 3 feet (east unit) to 3'h feet (west unit), leaving 11 Y2 to 12 foot setbacksഀ
from the south property line. The total GRFA (Gross Residential Floor Area) of theഀ
encroachment equals 175 square feet. The chimney will encroach 5 feet (west unit), and theഀ
eaves of both units encroach 5 feet, leaving a 10 foot setback from the south property line.ഀ
According to Section 14-10-4, Architectural Projections, Vail Town Code, chimney's andഀ
eaves may projection four feet into the setback, therefore the chimney and eaves areഀ
technically encroaching 1 foot into the setback.ഀ
III. BACKGROUNDഀ
The original plat for this property was recorded in 1965 under Eagle County jurisdiction. Theഀ
original structure, known as the "A-frame House," was constructed in 1977 and demolishedഀ
in 1999 in anticipation of new construction of employee housing units. When the propertyഀ
was annexed into the Town of Vail under Ordinance No. 6, 1986 it was zoned Two-Familyഀ
Primary/ Secondary Residential (PS) District with a minimum rear setback of 15 feet- Theഀ
original structure encroached into the rear (south side) setback approximately 5 feet.ഀ
In 1999 the Town pursued the construction of a two-family dwelling (two employee housingഀ
units). The application was withdrawn in 2000. Several studies were conducted duringഀ
1999 including:ഀ
• Site development analysis, The Stevens Group, Inc. January 27, 1999ഀ
• Offsite Drainage Study, Peak Land Consultants, Inc. May 17, 1999ഀ
• Site development analysis and architecture, American Design Group, June 14, 1999ഀ
• Preliminary geologic hazards analysis, Collins & Lampiris April 2, 1999ഀ
• Wetland Delineation Report, Montane Environmental Solutions, Ltd. November 5,ഀ
1999ഀ
The analyses from 1999 provided useful background and research for the current proposal.ഀ
However, most of the research and analyses, being a decade old, has been revisited and re-ഀ
evaluated by the design team selected by the Town, with regard to the current conditionsഀ
and proposed structure.ഀ
IV. APPLICABLE PLANNING DOCUMENTSഀ
Vail Town Codeഀ
Section 12-2 Definitionsഀ
SETBACK. The distance from a lot or site line, creek or stream measured horizontally to aഀ
line or location within the lot or site which establishes the permitted location of uses,ഀ
structures, or buildings on the site.ഀ
SETBACK LINE. A line or location within a lot or site which establishes the permittedഀ
location of uses, structures, or buildings on the site.ഀ
SETBACK LINE, REAR: The setback line extending the full width of the site parallel to andഀ
measured from the rear lot or site line.ഀ
Section 12-6D Two-Family Primary/Secondary Residential (PS) Districtഀ
12-6D-1: PURPOSE.ഀ
The two-family primary/secondary residential district is intended to provide sites for single-ഀ
family residential uses or two-family residential uses in which one unit is a larger primaryഀ
residence and the second unit is a smaller caretaker apartment, together with such publicഀ
facilities as may appropriately be located in the same district. The two-familyഀ
primary/secondary residential district is intended to ensure adequate light, air, privacy andഀ
open space for each dwelling, commensurate with single-family and two-family occupancy,ഀ
and to maintain the desirable residential qualities of such sites by establishing appropriateഀ
site development standards.ഀ
12-6D-6: SETBACKS:ഀ
In the primary/secondary residential district, the minimum front setback shall be twenty feetഀ
(20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setbackഀ
shall be fifteen feet (15').ഀ
Section 12-17 Variancesഀ
2ഀ
12-17-1: PURPOSE:ഀ
A. Reasons For Seeking Variance: In order to prevent or to lessen such practicalഀ
difficulties and unnecessary physical hardships inconsistent with the objectives of thisഀ
title as would result from strict or literal interpretation and enforcement, variances fromഀ
certain regulations may be granted. A practical difficulty or unnecessary physicalഀ
hardship may result from the size, shape, or dimensions of a site or the location ofഀ
existing structures thereon; from topographic orphysical conditions on the site orinഀ
the immediate vicinity, or from other physical limitations, street locations or conditionsഀ
in the immediate vicinity. Cost or inconvenience to the Applicant of strict or literalഀ
compliance with a regulation shall not be a reason for granting a variance.ഀ
V.ഀ
B. Development Standards Excepted: Variances may be granted only with respect to theഀ
development standards prescribed for each district, including lot area and siteഀ
dimensions, setbacks, distances between buildings, height, density control, buildingഀ
bulk control, site coverage, usable open space, landscaping and site development,ഀ
and parking and loading requirements, or with respect to the provisions of chapter 11ഀ
of this title, governing physical development on a site.ഀ
C. Use Regulations Not Affected: The power to grant variances does not extend to theഀ
use regulations prescribed for each district because the flexibility necessary to avoidഀ
results inconsistent with the objectives of this title is provided by chapter 16,ഀ
"Conditional Use Permits"; and by section 12-3-7, 'Amendment" of this title.ഀ
SITE ANALYSISഀ
Address: 2657 Arosa Driveഀ
Legal Description: Lot 8, Block C, Vail Ridgeഀ
Zoning: Two-Family Primary/Secondary Residential Districtഀ
Land Use Plan Designation: Medium Density Residentialഀ
Current Land Use: Vacant lotഀ
Lot Size: 0.417 ac / 18,164.52 square feetഀ
Environmental Hazards: Moderate Debris Flowഀ
Development Standard Required Existing Proposedഀ
Min. Lot Area: 15,000 sq. ft. 18,164.52 sq. ft. No changeഀ
Min. Setbacks:ഀ
Front:ഀ
20' (north)ഀ
vacantഀ
31'ഀ
Sides:ഀ
15' (east)ഀ
vacantഀ
39'ഀ
15' (west)ഀ
vacantഀ
144'ഀ
Rear:ഀ
15' (south)ഀ
vacantഀ
10'ഀ
Max. Building Height:ഀ
33' slopeഀ
vacantഀ
26'ഀ
Max. GRFA:ഀ
Primary EHUഀ
4,146 sq. ft.ഀ
vacantഀ
1,118 sq. ft.ഀ
3ഀ
VI.ഀ
VIIഀ
Development Standardഀ
Secondary EHUഀ
Totalഀ
Max. Site Coverage:ഀ
Min. Landscape Area:ഀ
Min. Parking:ഀ
Required Existingഀ
2,764 sq. ft. vacantഀ
6,911 sq. ft. vacantഀ
3,633 sq. ft. (20%) vacantഀ
10,899 sq. ft. (60%) vacantഀ
4 spaces vacantഀ
SURROUNDING LAND USES AND ZONINGഀ
Current Land Useഀ
North: Residentialഀ
South: USDA White Riverഀ
National Forestഀ
East: Arosa Drive &ഀ
1-70ഀ
West: Residentialഀ
CRITERIA AND FINDINGSഀ
Zoningഀ
Two-Family Primary/Secondaryഀ
Not Designatedഀ
Not Designatedഀ
Two-Family Primary/Secondaryഀ
Proposedഀ
1,118 sq. ft.ഀ
3,235 sq. ft.ഀ
2,421 sq. ft. (13%)ഀ
13,014 sq. ft. (71ഀ
4 spacesഀ
Land Use Designationഀ
Low Density Residentialഀ
Hillside Residentialഀ
Not Designatedഀ
Low Density Residentialഀ
12-17-6: CRITERIA AND FINDINGS:ഀ
A. Factors Enumerated: Before acting on a variance application, the planning andഀ
environmental commission shall consider the following factors with respect to theഀ
requested variance:ഀ
1. The relationship of the requested variance to other existing or potential usesഀ
and structures in the vicinity.ഀ
The requested variance, to vary the rear, south side setback from the required 15ഀ
feet to 10 feet will not adversely affect uses and structures in the vicinity for theഀ
following reasons.ഀ
1. South and East: The adjacent property to the south is owned by the USDAഀ
White River National Forest, used as open space, and separated from theഀ
proposed structure by a large steep hillside. Beyond the steep hillside, to theഀ
south and east is 1-70.ഀ
2. West: The existing residence to the west (2637 Arosa Drive) is situated at anഀ
angle that places the home closer to its western property line than to its east,ഀ
away from the proposed two-family dwelling (See Attachment A - Vicinity Map).ഀ
There are several mature trees that exist between the properties that screen theഀ
view. The proposed structure is 144 feet from the west property line, 129 feetഀ
over the required setback of 15 feet.ഀ
3. North: The requested variance shifts the structure further from the existingഀ
residences to the north, located across Arosa Drive. The proposed structure isഀ
31 feet from the north, front property line, 11 feet over the required setback of 20ഀ
feet.ഀ
4ഀ
2. The degree to which relief from the strict and literal interpretation andഀ
enforcement of a specified regulation is necessary to achieve compatibilityഀ
and uniformity of treatment among sites in the vicinity or to attain theഀ
objectives of this title without a grant of special privilege.ഀ
The lot configuration, geotechnical recommendations, drainage easement,ഀ
developable area and grading are all physical hardships on this lot which greatlyഀ
restrict the ability to construct without a variance. The approval of the requestedഀ
setback variance would not be a grant of special privilege for the following reasons.ഀ
Existinq Site Conditions and Configuration: Arosa Drive encroaches onto theഀ
property from 4' to 7' on the Northeast end of the property. The encroachmentഀ
limits the developable area of the site. Managing the snow storage from Arosaഀ
Drive that falls onto the site as part of the normal snowplow practice each winterഀ
also limits the sites development potential. The site is further limited by the largeഀ
steep hillside to the south and narrow shape of the lot.ഀ
2. Geotechnical Recommendations: The Geotechnical report recommends that theഀ
residence be located as far above and away from the existing drainage asഀ
possible to maintain and protect the natural flow of drainage. The rear setbackഀ
on the south side of the property is the location that is highest above and furthestഀ
away from the existing drainage flow line.ഀ
3. Drainage Easement: The existing flowline of the ditch is outside of the drainageഀ
easement. The drainage easement will need to be relocated so that al 5' wideഀ
drainage easement is centered on the drainage. Based on the Geotechnicalഀ
report and soils report, the project is proposing to channel some of the existingഀ
open air drainage into a 30" culvert. Due to the inlet and outlet points that are aഀ
given this moves the proposed drainage easement further into the site. Theഀ
Drainage Easement effectively creates an almost 35' deep front setback.ഀ
4. Developable Area: The developable area is approximately 4850 sq. ft. (26%) ofഀ
the overall site - see pink area on attached Site Plan. The proposed residenceഀ
is pinched on the west, north, and east side of the property due to the drainageഀ
easement. The proposed residence has been positioned within the widest pointsഀ
of the remaining developable area.ഀ
5. Arosa Drive - Snow Storage/Grading: Because the project is already proposingഀ
to culvert part of the open area ditch, the proposed driveway can be placed in theഀ
drainage easement over the culvert. The proposed location of the driveway hasഀ
been positioned to allow for the snow and nuisance drainage from Arosa Drive toഀ
flow naturally down the existing hillside into a surface drainage channel withഀ
minimal change to the existing drainage. Peak Land consultants has studied theഀ
impacts of pulling the driveway towards Arosa Drive to remove the structure outഀ
of the setback. Moving the driveway towards Arosa Drive results in a significantഀ
reduction of snow storage and the addition of a concrete pan to contain theഀ
surface drainage. These could create potential problems for both the Town ofഀ
Vail snow plow practice, maintenance of the proposed driveway for the propertyഀ
5ഀ
owners, and a concrete drainage pan that is not matching the character and toneഀ
of the neighborhood.ഀ
3. The effect of the requested variance on light and air, distribution of population,ഀ
transportation and traffic facilities, public facilities and utilities, and publicഀ
safety.ഀ
Staff does not believe that approval of the variance will have a negative effect on theഀ
factors listed above. The variance is, in part, requested due to the configuration ofഀ
Arosa Drive, which encroaches up to 7 feet onto the subject property, encompassingഀ
630 sq. ft. of site area. Therefore, the proposed variance allows for the currentഀ
public street to maintain its current configuration and transportation functions.ഀ
4. Such other factors and criteria as the commission deems applicable to theഀ
proposed variance.ഀ
Another factor in consideration of the requested variance is that the Planning andഀ
Environmental Commission has approved similar setback variances in theഀ
neighborhood. The following structures in the neighborhood have been grantedഀ
setback variances (See attachment C, Setback Variances Map).ഀ
Locationഀ
Descriptionഀ
Hardshipഀ
2696 Davosഀ
1999 - Granted front setbackഀ
Existing conditionsഀ
Trailഀ
variance from 20 feet to 1 foot toഀ
(garage above) and leastഀ
allow 864 sf of GRFA for a basementഀ
affect on neighbors andഀ
addition.ഀ
environmentഀ
2701 Davosഀ
1998 - Granted front setbackഀ
Steep slopeഀ
Trailഀ
variance from 20 feet to 3 feet toഀ
allow an elevator addition.ഀ
2575 Davosഀ
1994 - Granted rear setback varianceഀ
Existing conditions:ഀ
Trailഀ
from 15 feet to 7.5 feet and sideഀ
Garage below andഀ
setback variance from 15 feet to 11ഀ
driveway configurationഀ
feet to allow 817 sf for a second storyഀ
addition over the existing garage.ഀ
2576 Davosഀ
1990 - Granted rear setbackഀ
Shape of the lot andഀ
Trailഀ
variance from 15 feet to 11.5 feet toഀ
existing conditionsഀ
allow for a bedroom addition.ഀ
(landscaping)ഀ
1997 - Granted side setback varianceഀ
from 15 feet to 11 feet to allow 462 sfഀ
for a garage addition.ഀ
Vlll. STAFF RECOMMENDATIONഀ
The Community Development Department recommends approval, with conditions, of aഀ
variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances,ഀ
Vail Town Code, to allow for the construction of a new two-family dwelling, located at 2657ഀ
Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details in regard thereto. Thisഀ
recommendation is based upon the review of the criteria outlined in Section VI of thisഀ
memorandum and the evidence and testimony presented.ഀ
6ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request, the Community Development Department recommends the Commission pass theഀ
following motion:ഀ
"The Planning and Environmental Commission approves the applicant's request foraഀ
variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17,ഀ
Variances, Vail Town Code, to allow for the construction of a new two-familyഀ
dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forthഀ
details in regard thereto, subject to the following conditions:ഀ
Design Review:ഀ
1. This approval shall be contingent upon the applicant obtaining Town ofഀ
Vail approval of a design review application.ഀ
Building Permit.ഀ
2. The applicant must obtain final review and approval of a site specificഀ
hazard study (As described in Section 12-21-13, Restrictions inഀ
Geologically Sensitive Areas, Vail Town Code), by the Town of Vailഀ
Community Development Department, prior to the issuance of a buildingഀ
permit.ഀ
Certificate of Occupancy:ഀ
3. The applicant shall record a plat of the property, including an approvedഀ
drainage easement, prior to the issuance of a Temporary Certificate ofഀ
Occupancy, or Certificate of Occupancy.ഀ
Should the Planning and Environmental Commission choose to approve this varianceഀ
request, the Community Development Department recommends the Commission makesഀ
the following findings:ഀ
"The Planning and Environmental Commission finds:ഀ
1. The granting of this variance will not constitute a granting of special privilegeഀ
inconsistent with the limitations on other properties classified in the Two-Familyഀ
Primary/ Secondary District, based upon the review outlined in Section VI of theഀ
Staff's July 13, 2009 memorandum to the Planning and Environmental Commission.ഀ
2. The granting of this variance will not be detrimental to the public health, safety, orഀ
welfare, or materially injurious to properties or improvements in the vicinity, basedഀ
upon the review outlined in Section VI of the Staff's July 13, 2009, memorandum toഀ
the Planning and Environmental Commission.ഀ
3. This variance is warranted for the following reasons:ഀ
a. The strict literal interpretation or enforcement of the specified regulation wouldഀ
result in practical difficulty or unnecessary physical hardship inconsistent with theഀ
objectives of Title 12, Zoning Regulations, Vail Town Code, based upon theഀ
review outlined in Section VI of the Staff's July 13, 2009, memorandum to theഀ
Planning and Environmental Commission.ഀ
7ഀ
b. There are exceptions or extraordinary circumstances or conditions applicableഀ
to the same site of the variance that do not apply generally to other properties inഀ
the same district, based upon the review outlined in Section VI of the Staffs Julyഀ
13, 2009, memorandum to the Planning and Environmental Commission.ഀ
c. The strict interpretation or enforcement of the specified regulation wouldഀ
deprive the applicant of privileges enjoyed by the owners of other properties inഀ
the same district, based upon the review outlined in Section VI of the Staff's Julyഀ
13, 2009, memorandum to the Planning and Environmental Commission."ഀ
IX. ATTACHMENTSഀ
A. Vicinity Mapഀ
B. Letter from Engineer/ Sectionsഀ
C. Setback Variances Mapഀ
D. Public Noticeഀ
E. Plansഀ
8ഀ
Attachment & Vicinity Mapഀ
Attachment B: Letter from Engineer/ Sectionsഀ
PEAKഀ
INC.ഀ
June 30, 2009 PLC Job#: 1695ഀ
-Nina Timmഀ
Senior Housing Coordinatorഀ
Town of Vailഀ
RE: i:osa Duplex - Site Constraintsഀ
DRAEN AGEഀ
The original intent ilrotigh the RFP for drainage conveyance through the property was toഀ
convey the stream through an open ditch and only pipe a section under the driveway. As theഀ
design process has progressed it has been shown that the width of the drainage is taken up byഀ
the structure, driveway and back-out and does not allow for open channel flow. therefore, theഀ
drainage must be piped through the property.ഀ
The storm pipe will be required to have a 15' easement and due to drainage patterns andഀ
alignment constraints. the pipe dill nun through the center of the property: thus constraining theഀ
buildable area.ഀ
SNON87 STORAGEഀ
The site plan developed by VAG that shows the structure within the setback allows for aഀ
shallow ditch adjacent to Arosa Drive. With this layout, the shallow ditch will captureഀ
nuisance drainage and sediment due to snowmelt from stockpiled snow on. Arosa Drive.ഀ
If the structure and driveway were moved to the north 3'. this would greatly impact the amountഀ
of snow storage for die roadway. (See Attachment) The reduction would only allow forഀ
approximately 1./4 the amount of snow to be stored. 111ovin2 the driveway 3' would place theഀ
edge of driveway at the bottom of the slope from Arosa Drive, eliminating the shallow ditchഀ
then requiring a concrete pan to handle the nuisance flows. All sediment from Arosa Driveഀ
will now be channeled through the duple: property.ഀ
L. Mark Lunaഀ
Vice President /ഀ
Senior Project Managerഀ
10ഀ
1000 LION'S RIDGE LOOP,. VAIL CO 81657ഀ
970A76-8644 FAX 970-476-8616ഀ
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Attachment C: Setback Variances Mapഀ
12ഀ
Attachment D: Public Noticeഀ
TOWN OF PAILഀ
THIS ITEM MAY AFFECT YOUR PROPERTYഀ
PUBLIC NOTICEഀ
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town ofഀ
Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on July 13,ഀ
2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of:ഀ
A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant toഀ
Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new two-familyഀ
dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details in regardഀ
thereto. (PEC090021)ഀ
Applicant: Nina Timm, Town of Vailഀ
Planner: Nicole Petersonഀ
The applications and information about the proposals are available for public inspection duringഀ
office hours at the Town of Vail Community Development Department, 75 South Frontage Road.ഀ
The public is invited to attend project orientation and the site visits that precede the publicഀ
hearing in the Town of Vail Community Development Department. Please call 970-479-2138 forഀ
additional information.ഀ
Sign language interpretation is available upon request, with 24-hour notification. Please callഀ
970-479-2356, Telephone for the Hearing Impaired, for information.ഀ
Published June 26, 2009, in the Vail Daily.ഀ
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1ഀ
Variance Requestഀ
Application for Review by the jU JUN 17 ~~R~ra sഀ
Lഀ
Planning and Environmental Commission TOWN OF V.22 -ഀ
General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and un-ഀ
necessary physical hardships as would result from the strict interpretation and/or enforcement of the zoning regulationsഀ
inconsistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardshipഀ
may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographicഀ
or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or con-ഀ
ditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulationഀ
shall not be a reason for granting a variance. The Vail Town Code can be found on the Town's website atഀ
www.vailgov.com The proposed project may also require other permits or applications and/or review by the Design Re-ഀ
view Board and/or Town Council.ഀ
Fee:ഀ
Description of the Request: e" ~ a-4ti LSD l~ / ~c 1 ~1 r ~ti ✓Iഀ
Physical Address:ഀ
Parcel Number: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)ഀ
Property Owner: 1~m 11,4n~ഀ
Mailing Address:' P y2~~ .ഀ
Phone: 2-19ഀ
XOwner's Signature: ~Jl/1/~ v 6ഀ
Primary Contact/ Owner Represe tative: J&(, 42:L~'-Iet4r Z Z-Z're(-'JV Lu-0hഀ
81o cfഀ
Mailing Address: L Ltmzu VN V= :Z/ loഀ
Phone: 7 0 f y 7ഀ
E-Mail: Fax:ഀ
For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check #ഀ
Fee Paid: tjt~ v~ Received Fro .ഀ
Meeting Date:D PEC No.: C 2-(ഀ
Planner: Project No: .~0 1 -0agJഀ
Zoning:ഀ
Location of the Proposalഀ
Land Use:ഀ
Lot: Block:_ Subdivision:ഀ
VA..ഀ
~VAg, Inc.ഀ
Architects & Plannersഀ
Memo:ഀ
Project Name: TOV Arosa Drive Duplex Project No: 2910.00ഀ
Date: 06.30.09ഀ
RE: Rear Yard Setback Varianceഀ
FROM: Stephanie Lord-Johnson VAg, Inc Architects and Plannersഀ
TO: TOV staff and PECഀ
Remarks:ഀ
We are requesting a rear yard setback variance for the proposed TOV Affordable Housing Duplex at 2657 Arosa Drive.ഀ
The project is zoned Two-Family Primary/Secondary Residential which has a 15' rear setback. Our proposed plans showഀ
the duplex extending a maximum of 5' into the rear setback.ഀ
The.417 acre lot is limited with a small developable area (see attached diagram). The many unique conditions on the siteഀ
combine together and result in a hardship that is unique to this site and would warrant relief from the 15' rear setback due toഀ
the following:ഀ
Existing Site Conditions/Configurationഀ
• Arosa Drive encroaches on to the property from 4' to 7' on the North East end of the property (see gray area onഀ
attached Site Plan diagram).ഀ
• As further clarified in Item #4, managing the snow storage from Arosa Drive that falls onto the site as part of theഀ
normal snowplow practice each winter is a concern.ഀ
• The site is a basically a large bowl with a hillside to North and South with the drainage ditch creating the low spotഀ
on the northern (Arosa Drive) side of the property.ഀ
2. Geotechnical Recommendationsഀ
• The Geotechnical report recommends that the residence be located as far above and away from the existing drainageഀ
as possible.ഀ
• The rear setback on the south side of the property is the location that is highest above and furthest away from theഀ
existing drainage flow line.ഀ
3. Drainage Easementഀ
• The existing flowline of the ditch is outside of the drainage easement. The drainage easement will need to beഀ
relocated so that a15' wide drainage easement is centered on the drainage.ഀ
• Based on the Geotechnical report and soils report, the project is proposing to channel some of the existing open airഀ
drainage into a 30" culvert. Due to the inlet and outlet points that are a given this moves the proposed drainageഀ
easement further into the site.ഀ
• The Drainage Easement effectively creates an almost 35' deep front setback (see blue area on attached Site Plan)ഀ
4. Developable Areaഀ
• The developable area is approximately 4850 sq ft or 26% of the overall site - see pink area on attached Site Plan .ഀ
• The proposed residence is pinched on the west, north, and east side of the property due to the drainage easementഀ
Physical Address: (970) 949-7034 Mailing Address:ഀ
90 Benchmark Rd., Suite 202 fax: (970) 949-8134 P.O. Box 1734ഀ
Avon, CO 81620 email: general@vagarchitects.com Vail, CO 81658-1734ഀ
• The proposed residence has been positioned within the widest points of the remaining developable area.ഀ
4 Arosa Drive - Snow Storage/Gradingഀ
• Because the project is already proposing to culvert part of the open area ditch, the proposed driveway can be placedഀ
in the drainage easement over the culvert. The proposed location of the driveway has been positioned to allow forഀ
the snow and nuisance drainage from Arosa Drive to flow naturally down the existing hillside into a surfaceഀ
drainage channel with minimal change to the existing drainage.ഀ
• Peak Land has study the impacts of pulling the driveway into the hillside below Arosa Drive so that we could pullഀ
the structure out the setback. As noted in their attached letter and sections, pulling the driveway 3' towards Arosaഀ
Drive results in a significant reduction of snow storage and the addition of a concrete pan to contain the surfaceഀ
drainage. These could create potential problems for both the TOV snow plow practice, maintenance of theഀ
proposed driveway for the property owners, and a concrete drainage pan that is not matching the character and toneഀ
of the neighborhood.ഀ
Rear Setbackഀ
• The rear setback is on the south side of the property. This is a sloping hillside bording National Forest property.ഀ
• The request to reduce this rear setback does not impact light, air, or vies of any neighboring properties.ഀ
• We are only requesting to extend the actual structure 3'. There is an elevated fireplace bump out that extends anഀ
additional 2' in the setback for approximately 6' of the East Unit which increase the officially request for aഀ
maximum 5' encroachment into the set back.ഀ
• The request 3' to 5' encroachment is the maximum requested because otherwise we run into grading issues on theഀ
south side of the residence.ഀ
GRFA/Zoning Regulationsഀ
• The proposed project complies with all other TOV zoning regulations.ഀ
• The proposed duplex is allowed 6911 sq ft of GRFA. The proposed solution is only using 3,235 sq ft of GRFA.ഀ
• The proposed project site coverage is 13% of the site area and we are allowed up to 20%.ഀ
• The proposed project landscaping is 71% of the site area and we are only required to provide 60%.ഀ
In summary, due to the conditions above there is a hardship unique to this property that warrants relief from the rear setbackഀ
regulation. Additionally, this variation allows the project to blend into the existing neighborhood with a two story structureഀ
nestled into the hillside.ഀ
Physical Address: (970) 949-7034 Mailing Address:ഀ
90 Benchmark Rd., Suite 202 fax: (970) 949-8134 P.O. Box 1734ഀ
Avon, CO 81620 email: general@vagarchitects.com Vail, CO 81658-1734ഀ
Zoning Analysisഀ
2657 Arosa Driveഀ
Existing Lot Area - 18,164 sq ft (.417 acre)ഀ
GRFA - 6911 sq ft allowedഀ
Proposed GRFA -3,235 sq ft plus 750 sq ft of garageഀ
Unit A - 1,617.50 sq ftഀ
2,529.10 remaining GRFA (assuming 60% of GRFA dedicated to Unit A)ഀ
Unit B - 1,617.50 sq ftഀ
1,146.90 remaining GRFA (assuming 40% GRFA dedicated to Unit B)ഀ
Site Coverage - 20% allowed (3,632.9 sq ft)ഀ
Proposed Site Coverage -13% (2,420.50 sq ft)ഀ
Building - 763.25 sq ft per unitഀ
Garage - 424.00 sq ft per unitഀ
Covered Entry - 23.00 sq ft per unitഀ
1,210.25 per unit or 2, 420.50 sq ft totalഀ
Landscape Area - 60 % required (10,898.70)ഀ
Proposed Landscaping Area - 71% (13,013.50 sq ft)ഀ
Building - 2420.50 sq ftഀ
Driveway - 2,592.50 sq ftഀ
Covered Entry - 138 sq ftഀ
Total 5,151 sq ftഀ
Physical Address: (970) 949-7034 Mailing Address:ഀ
90 Benchmark Rd., Suite 202 fax: (970) 949-8134 P.O. Box 1734ഀ
Avon, CO 81620 email: general@vagarchitects.com Vail, CO 81658-1734ഀ
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TOWN OF PAILഀ
THIS ITEM MAY AFFECT YOUR PROPERTYഀ
PUBLIC NOTICEഀ
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of theഀ
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Townഀ
Code, on July 13, 2009, at 1:00 pm in the Town of Vail Municipal Building, inഀ
consideration of:ഀ
A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code,ഀ
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of aഀ
new two-family dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, andഀ
setting forth details in regard thereto. (PEC090021)ഀ
\ Applicant: Nina Timm, Town of Vailഀ
.A~I\`- 0ഀ
Planner: Nicole Petersonഀ
! The applications and information about the proposals are available for public inspectionഀ
during office hours at the Town of Vail Community Development Department, 75 Southഀ
Frontage Road. The public is invited to attend project orientation and the site visits thatഀ
precede the public hearing in the Town of Vail Community Development Department.ഀ
Please call 970-479-2138 for additional information.ഀ
Sign language interpretation is available upon request, with 24-hour notification. Pleaseഀ
call 970-479-2356, Telephone for the Hearing Impaired, for information.ഀ
Published June 26, 2009, in the Vail Daily.ഀ
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/07 02/2009) Nicole Peterson - Re: Arosa Duplex plans Page 1ഀ
From: Mike McGeeഀ
To: Nicole Petersonഀ
Date: 7/2/2009 11:58 AMഀ
Subject: Re: Arosa Duplex plansഀ
CC: Fire-Inspectors; George Rutherഀ
The Fire Dept can approve the site plan as submitted without a fire sprinkler system.ഀ
Staging will be necessary in the driveway to meet the 150 ft rule.ഀ
We do request a monitored fire alarm system.ഀ
Mike McGeeഀ
Deputy Chiefഀ
Vail Fire & Emergency Servicesഀ
Nicole Peterson 07/01/2009 3:38 PMഀ
Please find attached revised plans for the Arosa Duplex, employee housing project (PEC09-0021). Please have comments to me byഀ
next Tuesday, July 7, 2009. Thanks much!ഀ
Nicoleഀ
M wQD i W M rUn , N i v~e_ഀ
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June 25, 2009: Arosa Duplex Meeting Outlineഀ
Objective:ഀ
Brainstorm site design options that eliminate the need for a setback variance, are cost effectiveഀ
and meet all other Town requirements.ഀ
Background:ഀ
The Town of Vail Staff has reviewed the PEC application for the proposed new two-familyഀ
residence (2 employee housing units) located at 2657 Arosa Drive, Vail (PEC09-0021). Thisഀ
proposal is tentatively scheduled for review by the PEC at its July 13, 2009 public hearing. Theഀ
following is a summary of the comments from the Staff review-ഀ
Topics-ഀ
1. Does adequate hardship exist to recommend approval of the proposed rear setbackഀ
variance from 15 feet to -11-12 feet on the south side?ഀ
2. Proposed pipeline/ drainage:ഀ
• Existing flow line is not within the existing easement.ഀ
• If a pipeline is constructed, it will require a dedicated easement, 15 feet in widthഀ
(pipeline center)-_j I iw~~-ഀ
• No building can encroach on said easement.ഀ
• Driveways may encroach on said easement.ഀ
3. Wetland: Plan needs to be updated? Process? Effect on Variance?ഀ
4. Utilities:ഀ
• ERWSD: 2 separate lines for 2 meters - tap fee on 2nd unit, 1st unityഀ
C.,,es grandfathered in. - _ഀ
~I~ SS oN (OYem North elevation is location of gas meters (must be 3 feet from openingഀ
A~t or/ windows and vents. Must be under an eaye/ protected from snow. PW jrഀ
vement moratorium (Arosa resurfaced in 2006 - 5 year moratorium). Kit ~~Wഀ
ail: "It appears that there is a gas stub into the property. Remarks on theഀ
service card state that the crew cut off 29' of a 63' service lateral. It also statesഀ
that the "cut-off is at the bottom of a bank". It is a 314" steel service. We willഀ
couple plastic pipe with the steel pipe and run to the new location. If the lot is notഀ
subdivided, there will be one service lateral with a 2 meter header. A plumberഀ
would have to pipe over to the opposite half of the duplex to serve that side."ഀ
5. Re-plat:ഀ
Required for pipeline easement.ഀ
Start process now?ഀ
• How to plat? Lots 1&2 or Units A&B with common parcel C? (If 2 separate lots,ഀ
gas/ water lines cannot cross property lines without easements)ഀ
6. Building Department: proposed building must be a minimum of 3 feet from property linesഀ
7. Fire Department: No sprinkler required. Comment that the more room they have on theഀ
south side, the better. 15-0, 4"" "1ഀ
8. Proposed driveway: Lots of pavement Could we reduce?-' l S` 'ഀ
9. If the setback variance is pursued, the site plan shall include the proposed fire places,ഀ
which are illustrated on the floor plans, in order to determine exact buildingഀ
encroachment into the setback.ഀ
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