HomeMy WebLinkAboutPEC090024Planning and Environmental Commisson
ACTION FORM
Department of Community Development
T{nT OF s ]j 75 South Frontage Road, Vail, Colorado 81657
~1M ,~j,j,j~ tel: 970.479.2139 fax: 970.479.2452
ccnr.$JF,`Y CEVELOPMEN web: www.vailgov.com
Project Name: MUELLER EHU PEC Number: PEC090024
Project Description:
VARIANCE: TYPE III EMPLOYEE HOUSING UNIT SIZE LIMIT
Participants:
OWNER MUELLER, WOLFGANG F. 08/10/2009
PO BOX 506
VAIL
CO 81658
APPLICANT MUELLER, WOLFGANG F. 08/10/2009
PO BOX 506
VAI L
CO 81658
Project Address: 1550 MATTERHORN CR VAIL Location:
Legal Description: Lot: Block: Subdivision: DONOVAN PARK
Parcel Number: 2103-123-0000-4
Comments:
BOARD/STAFF ACTION
Motion By: KIESBO
Second By: VIELE
Vote: 7-0-0
Conditions:
Action: APPROVED
Date of Approval: 09/14/2009
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0010945
Fire detection is required in garage and EHU.
Entry: 09/08/2009 By: mcgee Action: AP Fire sprinkler may be required.
Code analysis should be provided by Architect, including nature of home
occupation and use of garage under IBC.
Planner: Bill Gibson PEC Fee Paid: $500.00
Variance
Application for
Planning
Environmental
General Information: Variances may be granted in order to prevent or to lessen such pra ica i cu es an un-
necessary physical hardships as would result from the strict interpretation and/or enforcement of the zoning regulations
inconsistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship
may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic
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 regulation
shall not be a reason for granting a variance. The Vail Town Code can be found on the Town's website at
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: $500
Description of the Request: Increase the square footage of a new Type III EHU
from 1200 sq.ft. to 1500sq.ft.
Physical Address: 1550 Matterhorn Circle, Vail, Co.
Parcel Number: 210312300004 _ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner. Wolfgang F Mueller
Mailing Address: P.O.B. 506, Vail, Co. 81658
(970) 476-4539
- 6 l S
t
rug
g??
Owner's Signature: G
Primary Contact/ Owner
same
Mailing Address: s a mP
Phone:
E-Mail:
Fax:
For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check # (02 $LAO!
Fee Paid: rJ Received Fro a r S~ Gt(
Meeting Date: PEC I Erm 00 .2(-x'
Planner: Project No: I i-<3 0" ! "0 ~J1 !:?2
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision: Q4
TOWN OF VAIL, COLORADO Statement
Statement Number: R090001001 Amount: $500.00 08/10/200902:56 PM
Payment Method: Check Init: JLE
Notation: 6866 PARKSIDE
APARTMENTS
Permit No: PEC090024 Type: PEC - Variance
Parcel No: 2103-123-0000-4
Site Address: 1550 MATTERHORN CR VAIL
Location:
Total Fees: $500.00
This Payment: $500.00 Total ALL Pmts: $500.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 500.00
Chicago Title Insurance Company
ALTA COMMITMENT
Schedule A
Property Address:
1550 MATTERHORN CIRCLE VAIL, CO 81657
1. Effective Date: July 24, 2009 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitment
Proposed Insured:
WOLFGANG F. MUELLER
Our Order No. V50026501
Cust. Ref.:
I AUG 10 2009
T(1WN OF VAIL
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
WOLFGANG F. MUELLER
5. The Land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No: V50026501
LEGAL DESCRIPTION
A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE
81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO ACCORDING TO THE
INDEPENDENT RESURVEY OF SAID TOWNSHIP AND RANGE APPROVED BY THE U.S. SURVEYOR
GENERAL IN DENVER, COLORADO ON SEPTEMBER 13, 1943,
SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY OF MATTERHORN CIRCLE FROM
WHICH THE CENTER OF SAID SECTION 12 BEARS NORTH 44 DEGREES 32 MINUTES 09
SECONDS EAST 637.58 FEET DISTANT; THENCE 121.50 FEET ALONG SAID BOUNDARY ON A
CURVE TO THE RIGHT HAVING A RADIUS OF 431.48 FEET, THE CHORD OF WHICH BEARS
SOUTH 31 DEGREES 02 MINUTES 24 SECONDS WEST 121.10 FEET; THENCE LEAVING SAID
BOUNDARY SOUTH 49 DEGREES 40 MINUTES 48 SECONDS EAST 230.78 FEET; THENCE NORTH
05 DEGREES 53 MINUTES 46 SECONDS EAST 187.18 FEET; THENCE NORTH 76 DEGREES 30
MINUTES 00 SECONDS WEST 73.362 FEET; THENCE NORTH 50 DEGREES 58 MINUTES 24
SECONDS WEST 79.04 FEET TO A POINT ON MATTERHORN CIRCLE, THE PLACE OF
BEGINNING.
ALTA COMMITMENT
Schedule B - Section 1
(Requirements) Our Order No. V50026501
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50026501
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or
attaching to the subsequent effective date hereof but prior to the date the proposed Insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; (b) proceedings by a public agency tha may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public
Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 04,
1918, IN BOOK 93 AT PAGE 301.
9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED
IN INSTRUMENT RECORDED NOVEMBER 20, 1963, IN BOOK 178 AT PAGE 263.
10. EASEMENT GRANTED TO VAIL VILLAGE WEST WATER AND SANITATION DISTRICT FOR A
WATER TREATMENT AND DISTRIBUTION SYSTEM AS CONTAINED IN INSTRUMENT
RECORDED APRIL 22, 1971, IN BOOK 220 AT PAGE 326.
11. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC.
ALTA COMMITMENT
Schedule B - Section 2
(Exceptions) Our Order No. V50026501
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
IN INSTRUMENT RECORDED SEPTEMBER 21, 1976 IN BOOK 248 AT PAGE 887.
12. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION BY THE UPPER EAGLE
VALLEY SANITATION DISTRICT RECORDED AUGUST 25, 1981 IN BOOK 328 AT PAGE
174.
13. TERMS, CONDITIONS AND PROVISIONS OF ORDER INCLUDING SUBJECT PROPERTY IN THE
VAIL VILLAGE WEST WATER AND SANITATION DISTRICT RECORDED SEPTEMBER 07,
1973 IN BOOK 230 AT PAGE 977.
14. TERMS, CONDITIONS AND PROVISIONS OF ORDER INCLUDING SUBJECT PROPERTY IN THE
VAIL VILLAGE WEST FIRE PROTECTION DISTRICT RECORDED SEPTEMBER 19, 1973 IN
BOOK 231 AT PAGE 143.
15. RESERVATION OF A TEN FOOT UTILITY EASEMENT ALONG THE EASTERLY LOT LINE OF
SUBJECT PROPERTY AS RESERVED BY ROBERT E. NESMITH IN DEED RECORDED JUNE
21, 1967 IN BOOK 203 AT PAGE 429.
16. ENCROACHMENT OF ROCK RETAINING WALL AND CONCRETE RETAINING WALL ONTO
EASEMENTS AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED JANUARY
12, 1993 BY JOHNSON, KUNKEL & ASSOCIATES, INC. JOB #92620.
17. DEED OF TRUST DATED SEPTEMBER 13, 2004, FROM WOLFGANG F. MUELLER TO THE
PUBLIC TRUSTEE OF COUNTY FOR THE USE OF INDYMAC BANK, F.S.B. TO SECURE THE
SUM OF $500,000.00 RECORDED SEPTEMBER 23, 2004, UNDER RECEPTION NO.
892011.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-tiled
mechanic's and material-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the appropriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Form DISCLOSURE 09/01/02
)EVELOP;1lENI► DEF;A,,11
JTH FRONTAGE ROAD
cl K+~rCs
~ m
~ n ~,c C?3r
ati
-2001
c
STUART, TIMOTHY &
NICOLE
1552 MATTERHORN CIR 2
VAIL, CO 81657
Subdivision: MATTERHORN INN Unit: 2
NIXIE 0052 5C 1 40 09Y-09tO9 F
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
MC: 01657509699 *1479-09069-261-42
r S
i ;til~1` iJP 1L _
DEVELOP+i ENr NP,~ rl Z th
1
gilrlRObTAGErltDAD
O LNGIER 3 A
GER, DOUGLAS
333 C $j VD W 17TH FL
ORANGE, CA 9
Subdivision: MATTERHO T~Unit: I
NIXME 927 6C I
MARI OF VAIL
)EVELCPME.NT DE T T W~s'
JTH FRONTAGE RIOAD
COLORADO 81^"'57
KI)
RETURN TO
ATTEMPTED
5 l'VG
E, m ~o
3
r
2~ Dlir• ~p
20fl9
01 09.102109
SENDER
NOT XNOWN
te r. i~-J4 nll
..may o.
HANSEN, MATTHEW
PO BOX 6576
VAIL, CO 81658-6576
Subdivision: MATTERHORN INN Unit: 3
N:CXIE e02 tt>s ICE 1 py 00 09y0l/09=
NOT C~E'L_I VEi~~aEal_E As A0F7E:SSE0
UNABLE TO FORWARD
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: September 14, 2009
SUBJECT: A request for a final review of a variance from 12-13-4, Requirements by
Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for increased Gross Residential Floor Area,
located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard
thereto. (PEC090024)
Applicant: Wolfgang Mueller
Planner: Bill Gibson
SUMMARY
The applicant, Wolfgang Mueller, is requesting a final review of a variance from 12-13-4,
Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter
12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area,
located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with a condition, of the requested variance subject to the
findings and conditions noted in Section IX of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, Wolfgang Mueller, is requesting a final review of a variance from 12-13-4,
Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter
12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area,
located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto.
The applicant is proposing to construct a Type III Employee Housing Unit (EHU) by
remodeling an existing attic storage area above the existing garage on the subject
property. By converting the entire attic area, the proposed EHU will be 1,544 sq. ft. in
size which exceeds the 1,200 sq. ft. size limit prescribed by Section 12-13-4,
Requirements by Employee Housing Unit Type, Vail Town Code; thus necessitating this
variance request.
The exterior modifications to the existing garage structure will be limited to a new
dormer, skylights, entry roof, and a deck extension. There is adequate existing parking
to accommodate this new EHU and the applicant is proposing no changes to the existing
Lot Area/Site Dimension, Setback, Height, Density Control, Site Coverage, Landscaping
and Site Development calculations for this property.
A vicinity map (Attachment A), the applicant's request (Attachment B), architectural
plans and photographs (Attachment C), and the public notice (Attachment D) have been
attached for reference.
III. BACKGROUND
The subject property was originally developed with five dwelling units in 1976 under
Eagle County jurisdiction. The property was later annexed into the Town of Vail in 1982
and zoned Residential Cluster District which allows up to three dwelling units to be
constructed on a lot of this size. Therefore, the subject property is now legally non-
conforming in regard to the density provisions of the Residential Cluster District and no
new "dwelling units" are permitted to be constructed on this site. However, pursuant to
Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, Type
III EHU's are excluded from density calculations. Therefore, an unlimited number of
Type III EHU's may be constructed on this site.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, conditional use permit and variance applications will be
reviewed by the Planning and Environmental Commission, and then any accompanying
design review application will be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval
with modifications, or denial of a variance application, in accordance with Chapter 12-17,
Variances, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or
Design Review Board. The Town Council may also call up a decision of the Planning
and Environmental Commission and/or Design Review Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
V. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code
ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT (in part)
12-6E-1: PURPOSE:
The residential cluster district is intended to provide sites for single-family, two-
family, and multiple-family dwellings at a density not exceeding six (6) dwelling
units per acre, together with such public facilities as may appropriately be located
in the same district. The residential cluster district is intended to ensure adequate
2
light, air, privacy and open space for each dwelling, commensurate with
residential occupancy, and to maintain the desirable residential qualities of the
district by establishing appropriate site development standards.
CHAPTER 12-13, EMPLOYEE HOUSING: (in part)
12-13-1: PURPOSE.-
The Town's economy is largely tourist based and the health of this economy is
premised on exemplary service for Vail's guests. Vail's ability to provide such
service is dependent upon a strong, high quality and consistently available work
force. To achieve such a work force, the community must work to provide quality
living and working conditions. Availability and affordability of housing plays a
critical role in creating quality living and working conditions for the community's
work force. The Town recognizes a permanent, year-round population plays an
important role in sustaining a healthy, viable community. Further, the Town
recognizes its role in conjunction with the private sector in ensuring housing is
available. The Town Council may pursue additional incentives administratively to
encourage the development of employee housing units. These incentives may
include, but are not limited to, cash vouchers, fee waivers, tax abatement and in-
kind services to owners and creators of employee housing units. The Town or the
Town's designee may maintain a registry and create lists of all deed restricted
housing units created in the Town to assist employers and those seeking
housing.
CHAPTER 12-17, VARIANCES (IN PART)
12-17-1: PURPOSE:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
12-17-6. CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with respect
to the requested variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity, or to attain the objectives of
this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
3
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone
district.
2. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the same zone district.
4
c~
Q
c
m
Q
Co
0
a~
a~
0
Q
rz
W
co
c
O
a
N
V'
i
M
N
C
O
U
O
E ~
o
~ e
~
= O U ~
LIJ
U O a
Q
I- Q O
cl~
w
z
O U
c) c)
i
C) E
Sc O
(Z) 04 ca
Q LL M
(5 cu
M LL C,4 E L
O
i
CZ O
L
a~
o
Q)
C7 U ~
c~
a
(T)
~
Q
~
a~
Q) Q-
C) U
aoQ)~
o
0
~ 0
- cY3
m
0
2 )
.Q
a~
Wcr
o
U
Q C~
'
°
t- Q)- o
U
M
C
O
(1) co
LIJ
O
C
N
Cl) Q Q
Cl)
L
r-
N M
U
O
1~3)
U) Q)
a a
Q) Q) GO
U
a>
e
U U
Q)
U)
Q)
u
U
~,Ec
QS N " c0
J Go
a
, cII
`
, c0
S;
U) v~
a,U
co
a c
~Q C)
cu
Q) a)
Q)a~~a~a~a~
~N
QNO
O
C,
c a
0
Q)
C/)
~ ti N c o
a .o .g a .Q .U
~
E E
Q)
0
~ E
0 0
PE
0
Q)
C:
Q3
Q)
Q)
0
0
N~ oU
.0 °u'.2 U o a
~ :3 2cl~
~
Q)
o
--l :~i EE _ ECL
c~U
UUU
-2
aim
UQCL (D co
Q)
W
VI
VII.
VIII
ZONING ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
1550 Matterhorn Circle
Unplatted
Residential Cluster District
Medium Density Residential
Multiple-Family Residential
None
Site Standards
Allowed/Required
Existing
Proposed
EHU size (max):
1,200 sq. ft.
n/a
1,544 sq. ft.
Parking (min):
12 spaces
12 spaces
no change
There will be no changes to the Lot Area/Site Dimension, Setback, Height, Density
Control, Site Coverage, Landscaping and Site Development standards.
SURROUNDING LAND USES AND ZONING
Current Land Uses Zoning
North: Multi-Family Residential Residential Cluster District
South: Multi-Family Residential Residential Cluster District
East: Donovan Park Middle Bench Agriculture & Open Space District
West: Gore Creek and Donovan Park General Use District
REVIEW CRITERIA
The Planning and Environmental Commission shall consider the following factors with
respect to a variance application:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
A principle development objective of the Town of Vail is to encourage the construction of
housing for local residents. In response to this objective, the Vail Town Code includes
requirements and incentives for the construction of Employee Housing Units (EHU's).
EHU's are required in certain zone districts by the Town's Commercial Linkage and
Inclusionary Zoning policies. In most zone districts, employee housing are facilitated by
the Vail Town Code by allowing such units as permitted uses and granting additional
development rights. One of these incentives includes the provision that Type III EHUs
are excluded from both density and Gross Residential Floor Area (GRFA) calculations,
pursuant to Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town
Code.
Although Type III EHU's are not calculated as density or GRFA, the provisions of
Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, do
regulate the size of these EHUs at a minimum of 300 sq. ft. and a maximum of 1,200 sq.
ft. These EHU size limits are determined by using GRFA calculation methods.
6
The proposed EHU for which this variance is being requested, will be created by
remodeling the existing attic storage area of an existing garage structure on the subject
property. The exterior modifications to the existing garage structure will be limited to a
new dormer, skylights, entry roof, and a deck extension. Staff believes the proposed
EHU in the existing garage will have little physical or visual impact on neighboring uses
or structures in comparison to existing conditions. Therefore, Staff does not believe this
proposal will have a significant negative effect upon this criterion.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
Staff believes the original development of the subject property under Eagle County
jurisdiction and the subsequent annexation of the property into the Town of Vail has
created unique circumstances related to the existing density on the site and the
configuration of existing structures.
The Vail Town Code generally encourages, and occasionally requires, the construction
of EHU's. Type III EHU's are permitted in the Residential Cluster District and the
applicant is proposing to convert the existing attic storage area above an existing garage
into an EHU. The floor area of this converted attic will exceed the 1,200 sq. ft. EHU size
limit prescribed by Section 12-13-4, Requirements by Employee Housing Unit Type, Vail
Town Code. Since the applicant is proposing to create an EHU in the existing attic area
of an existing structure, Staff believes the applicant is requesting a variance to the
degree necessary to achieve compatibility and uniformity of treatment among sites in the
vicinity and to attain the objectives of this title without a grant of special privilege due to
the unique characteristics of the property.
Additionally, on July 11, 2005, the Planning and Environmental Commission approved a
variance allowing the construction of a new Type III Employee Housing Unit in excess of
the 1,200 sq. ft. floor area limit in the Residential Cluster District at 2883 Kinnikinnick
Road. This variance facilitated the construction of a new three-story, single-family style
Type III EHU. The top two floors of living area equaled 1,200 sq. ft., and the variance
allowed an additional 873 sq. ft. of garage and storage area to be constructed on the first
floor. The variance resulted in a total EHU unit size equaling 2,073 sq. ft. of floor area.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
Staff does not believe this proposal will have a significant impact on the public health,
safety or welfare, public facilities, utilities, or light and air in comparison to the existing
conditions.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
As part of the on-going Zoning Code update project, Staff is proposing that the Planning
and Environmental Commission and the Town Council amend Section 12-13-4, Vail
Town Code, and eliminate the current 1,200 sq. ft. floor area cap on the size of Type III
EHU's.
7
IX. STAFF RECOMMENDATION
Based upon Staff's analysis of the review criteria in Section VIII of this memorandum
and the evidence and testimony presented, the Community Development Department
recommends approval, with a condition, of a variance from 12-13-4, Requirements by
Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances,
Vail Town Code, to allow for increased Gross Residential Floor Area, located at 1550
Matterhorn Circle/Unplatted, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve, with a
condition, this variance request, the Community Development Department recommends
the Commission pass the following motion:
"The Planning and Environmental Commission approves the applicant's request
for a variance from 12-13-4, Requirements by Employee Housing Unit Type, Vail
Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for
increased Gross Residential Floor Area, located at 1550 Matterhorn
Circle/Unplatted, and setting forth details in regard thereto, subject to the
following condition:
1. Approval of this variance request is contingent upon the applicant obtaining
Town of Vail approval of the associated design review application."
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
"Based upon the analysis of the review criteria outlined in Section Vlll of Staffs
September 14, 2009, memorandum and the evidence and testimony presented,
the Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Residential
Cluster (RC) District.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Residential Cluster (RC) District.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the Residential Cluster (RC) District."
8
ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Architectural Plans and Photographs
D. Public Notice
Attachment A
10
Attachment B i'E' i
I~~ AUG 1 G 2009 ;
LI ~ ~
TOWN OF VAI I_..
TOV PLANNING AND ENVIRONMENTAL COMMISSION.
RE: Variance Application for the property at
1550 Matterhorn circle, Vail, Co.
Aug.10,2009
The property comprises five apartments on .57 acres and
was annexed into the Town of Vail in 1982. Four of the
apartments are on year leases and occupied by local workers.
The fifth is the primary residence of the owner/applicant.
A garage with storage space above was added about 20 years
ago. This application is for the conversion of the storage
area above the garage into an EHII.
The applicable Zone District is RC under which additional
units are allowed if restricted as Type 111 EHUs.
The maximum sqare footage for this type EHII is 1200 sq.ft.
The area above the garage comprises about 1500 sq,ft. -
300 sq.ft. more than allowed. This request is to increase the
size of the EHII to 1500 sq.ft. thus creating larger and
nicer employee housing.
Neighbors; The property is bordered by the 11 unit complex
of Matterhorn Inn to the west: To the east three single
family units of the seven unit Parkside Villas project abut.
The Middle Bench of Donovan Park is contiguous to the south
and the Lower Bench of Donovan Park is across Matterhorn
Circle to the north.
Parking; The existing 5 units plus the proposed EHII
require 12 parking spaces (6 units times 2spaces per unit).
This offst]reet parking has been:. "sketched _on`.the sits plan
and was deemed sufficient by Chris Dellis of the TOV
Public Works Department.
Landscaping: The Landscaping on the---property and around
the garage is mature - as shown on the photographs.
A tiered boulder garden wall is proposed for the southwest
corner of the garage.
Sincerely,
Attachment C
2
V
r
D
Z
0
0
7
C)
O
0-
0
3
C"
3
N
r
6
e`•
/ U p
3 4
A R
II ~ W
A ~ 3
UOO
3 a
N
o o
C~
00
J n
/ . O 0
N 7 / e o
(D
b e~
a
~f o
g o
_ N .
O A
N
Ut
N A\ l m f o
187 ]a'
_ _ BASSS OF BEARING.__-____
4
a n
O °
7
O <
D a
7 N
N
(D
0
N
Q
0
C
z
0
QD
r.-3
(-C:)
~
LI U~
GARAGE AND EHU WOLF MUELLER
1550 " 1 MATTERHORN CIRCLE
1550 MATTERHORN CIRCLE ~NL, cosoRnuo etese
VAIL, COLORADO eo.aeame
atterh0
' efe
DSO,
RO
a Cl
/ m o o
n~
m
c
r
m
m
r
r
D
IZ
a~
~ I €
D
:(l
D
r ~
m
r
~ I
D
Z
cs
PEC SUBMITTAL O AUGUST 1009
S~So
m
c
cl)
0
c
D
m
0
0
D
G)
m
r
z
D li
_a
GARAGE AND EHU
1
1550 MATTERHORN CIRCLE
VAIL• COLORADO !
WOLF MUELLER
1550.1 MATTERHORN CIRCLE
vna, COLORADO 8165.
9]0
816.1519
ll
o~
IZ _
z II II
li
m III
ml
--f
O~
Z
II
Ij-
FED SUBMITTAL 4 AUGUST 3009
!i i~
I
m
D
m
F-
m
D
O
.I
it
Y~
O
C
2
m
r -
m
D
O
z
GARAGE AND EHU
WOLF MUELLER
1550 -1 MATTERHORN CIRCLE
1550 MATTERHORN CIRCLE
"IL, COLORADO Suss
VAIL, COLORADO
910.1)619J9
I
6
,
i,
rl
` 'f
C.
l
~
.
111 ~ ~
~
. u I ` f
`
I •,1
'
~
I is
~ I,
I
p l
,
fli
I
a
G_L1 L 1 I-lei dal:
'YAW, I Iitvim
~F
J
~j
1
I
i
~ G
F~ ;y
~~3
Attachment D
TOWN OF PAIL
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on September 14, 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 Section 12-13-4, Requirements by
L`~ Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances,
Vail Town Code, to allow for increased Gross Residential Floor Area for a Type II
~✓~,Z~1~ Employee Housing Unit, located at 1550 Matterhorn Circle/Unplatted, and setting forth
details in regard thereto. (PEC090024)
Applicant: Wolfgang Mueller
Planner: Bill Gibson
Report to the Planning and Environmental Commission of an administrative action
approving a request for a minor amendment to SDD No. 17 Ramshorn, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a reduction of
Gross Residential Floor Area and changes to the site and landscape plans, located at
416 Vail Valley Drive/Lot A, Block 3, Vail Village Filing 5 and Tract F-1, Vail Village Filing
5, and setting forth details in regard thereto. (PEC090025)
Applicant: Ramshorn Lodge Condo Association, represented by Fritzlen Pierce
Architects
Planner: Nicole Peterson
A request for a recommendation to the Vail Town Council on a proposed major
amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-
9A, Special Development District, Vail Town Code, to allow for an additional dwelling
unit, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC090026)
Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
The applications and information about the proposals are available for public inspection
during 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 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. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published August 28, 2009, in the Vail Daily.
LIST OF PROPERTY OWNERS ADJACENT TO
1550 MATTERHORN CIR., VAIL, CO.
R043411 210312328003
SCI ll MILL 44.569 CR 0.054 NET 44.5150
CAPE SHIRLEY NV
RESIDENTIAL 1,520,500 121,030
CARACOL 598 COSTA DE
TOTAL 1,520,500 121,030
ORO
BOCA DEL RIO
VERACRUZ 94285
3 BK-0683 PG-0308 MAP 12-11-95 BK-0683 PG-0309 DEC 12-11-95
t
LAS L
o
:
Subdivision: PARKSIDE VIL
R656745 DEC 05-18-98
SCI l l MILL 44.569 CR 0.054 NET 445150
R060888 210312328012
RESIDENTIAL 1,449,770 115,400
MALLMAN, SANDRA B. &
THOMAS L. -J'T
TOTAL 1,449,770 115,400
1301 FOREST GLENN
WINNETKA, IL 60093
Subdivision: PARKSIDE VILLAS Lot: 6 R200816850 MAP 08-08-08
SCI11 MILL 44.569 CR 0.054 NET 44.5150
R047076 210312328009
MARGARET M.
BATHGATE
RESIDENTIAL 1,526,670 121,520
,
TOTAL 1,526,670 121,520
6376 E TUFTS AVE
ENGLEWOOD, CO 80111
7 R656157 MAP 05-13-98 R200725617 QCD 09-07
Subdivision: PARKSIDE VILLAS Lot:
R043412 210312328004
SC111 MILL 44.569 CR 0.054 NET 44.5150
PARKSIDE VILLAS ASSOC
RESIDENTIAL 0 0
C/O PARKSIDE VILLAS
TOTAL 0 0
ASSOC
1476 WESTHAVEN DR
VAIL, CO 81657
Subdivision: PARKSIDE VILLAS COMMON AREA BK-0683 PG-0308 MAP 12-11-95 BK-0683 PG-0309 DEC
12-11-95 R656745 DEC 05-18-98 R692450 QCD 04-14-99
TOWN OF VAIL, CO.
MIDDLE BENCH OF DONOVAN PARK
LOWER BENCH OF DONOVAN PARK
D
AUG 10 2009
Eagle County
Ownership Listing for Matterhorn Inn D
Working Date Aug 04, 2009
V AIL
ACCOUNT NO PARCEL NO
OWNER NAME/ADDRESS
AREA ID
VALUE ACTUAL ASSESSE
D
R013611 210312316001 SC103 MILL 46.178 CR 0.054 NET 46.1240
UNGER, DOUGLAS RESIDENTIAL 185,090 14,740
333 CITY BLVD W 17TH FL TOTAL 185,090 14,740
ORANGE, CA 92868
Subdivision: MATTERHORN INN Unit: 1 BK-0234 PG-0530 WD 05-02-74 BK-0322 PG-0259 WD 04-29-81
R823056 QCD 01-10-03
R013725 210312316002 SC103 MILL 46.178 CR 0.054 NET 46.1240
STUART, TIMOTHY & RESIDENTIAL 260,100 20,700
NICOLE
1552 MATTERHORN CIR 2 TOTAL 260,100 20,700
VAIL, CO 81657
Subdivision: MATTERHORN INN Unit: 2 BK-0227 PG-0934 WD 12-20-72 BK-0424 PG-0355 QCD 07-20-85
R013612 210312316003 SC103 MILL 46.178 CR 0.054 NET 46.1240
HANSEN, MATTHEW RESIDENTIAL 186,560 14,850
PO BOX 6576 TOTAL 186,560 14,850
VAIL, CO 81658-6576
Subdivision: MATTERHORN INN Unit: 3
R013785 210312316004 SC103 MILL 46.178 CR 0.054 NET 46.1240
KATZ, JONATHAN RESIDENTIAL 260,100 20,700
1552 MATTERHORN CH2 4 TOTAL 260,100 20,700
VAIL, CO 81657
Subdivision: MATTERHORN INN Unit: 4 R200808320 QCD 04-0408
R013613 210312316005 SC103 MILL 46.178 CR 0.054 NET 46.1240
BARKER, STEPHEN & RESIDENTIAL 185,090 14,740
NATALIE
PO BOX 657 TOTAL 185,090 14,740
EDWARDS, CO 81632
Subdivision: MATTERHORN INN Unit: 5 BK-0335 PG-0941 WD 01-29-82 BK-0552 PG-0559 QCD 02-22-91 BK
-0718 PG-0740 QCD 02-04-97 R863417 WD 09-29-03
R013825 210312316006 SC103 MILL 46.178 CR 0.054 NET 46.1240
MACALUSO FAMILY TRUST RESIDENTIAL 260,100 20,700
3762 SIMMS ST TOTAL 260,100 20,700
WHEAT RIDGE, CO 80033
Subdivision: MATTERHORN INN Unit: 6 BK-0603 PG-0842 QCD 03-08-93 R200730893 WD 11-16-07
R013614 210312316007 SC103 MILL 46.178 CR 0.054 NET 46.1240
MACALUSO FAMILY TRUST RESIDENTIAL 185,090 14,740
3762 SIMMS ST TOTAL 185,090 14,740
WHEAT RIDGE, CO 80033
Subdivision: MATTERHORN INN Unit: 7 BK-0234 PG-0529 WD 05-02-74 R200730893 WD 11-16-07
rbossow @ Aug 4, 2009 4:17:13 PM Eagle County Page 1 of 2
Eagle County
Ownership Listing for: Matterhorn Inn
R013815 210312316008 SC103 MILL 46.178 CR 0.054 NET 46.1240
MACALUSO FAMILY TRUST RESIDENTIAL 260,100 20,700
3762 SIMMS ST TOTAL 260,100 20,700
WHEAT RIDGE, CO 80033
Subdivision: MATTERHORN INN Unit: 8 R200730893 WD I1-16-07
R013615 210312316009 SC103 MILL 46.178 CR 0.054 NET 46.1240
FUENTES, DAVID RESIDENTIAL 185,090 14,740
PO BOX 764 TOTAL 185,090 14,740
EDWARDS, CO 81632
Subdivision: MATTERHORN INN Unit: 9
R012955 210312316010 SC103 MILL 46.178 CR 0.054 NET 46.1240
RITTS, JUSTIN RESIDENTIAL 260,100 20,700
PO BOX 4116 TOTAL 260,100 20,700
GYPSUM, CO 81637-4116
Subdivision: MATTERHORN INN Unit: 10 BK-0652 PG-0101 SWD 04-25-91
R013616 210312316011 SC103 MILL 46.178 CR 0.054 NET 46.1240
THOMASSIE, VANESSA RESIDENTIAL 235,400 18,740
17 TAMES CRK TOTAL 235,400 18,740
EDWARDS, CO 81632
Subdivision: MATTERHORN INN Unit: 11 BK-0234 PG-0531 WD 05-02-74 BK-0271 PG-0389 PRD 06-14-78
BK-0278 PG-0061 PRD 06-14-78 BK-0302 PG-0926 QCD 05-14-80 BK-0303 PG-0259 QCD 05-22-80 BK-0312 PG
-0735 QCD 05-23-80 BK-0342 PG-0359 QCD 12-30-81 - BK-0424 PG-0356 QCD 07-05-85
VALUE TYPE
ACTUAL
ASSESSED
ACRES
SQFT
UNITS
RESIDENTIAL
2,462,820
196,050
0.518
4848
0
TOTAL
2,462,820
196,050
0.518
4848
0
rbossow @ Aug 4, 2009 4:17:13 PM Eagle County Page 2 of 2