HomeMy WebLinkAboutPEC090039Planning and Environmental Commisson
ACTION FORM
L.~;;! # Department of Community Development
Tllnr /fir ~ ' 75 South Frontage Road, Vail, Colorado 81657
X19 Uj-jf~ tel: 970.479.2139 fax: 970.479.2452
ccw.o.+J14i7YCCVEl'7+'\,E.N7 web: www.vailgov.com
Project Name: MUELLER EHU VARIANCE PEC Number: PEC090039
Project Description:
VARIANCE: INCREASE EMPLOYEE HOUSING UNIT TO 1,719 SQ.FT. GRFA
Participants:
OWNER MUELLER, WOLFGANG F. 11/23/2009
PO BOX 506
VAIL
CO 81658
APPLICANT MUELLER, WOLFGANG F. 11/23/2009
PO BOX 506
VAIL
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: KJESBO
Second By: VIELE
Vote: 6-0-0
Conditions:
Action: APPROVED
Date of Approval: 01/11/2010
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: CON0011253
Approval of this variance request is contingent upon the applicant obtaining Town of
Vail approval of the associated design review application.
Cond: CON0011254
A monitored fire alarm is required and shall comply with NFPA 72 (2002 ed. if before
Jan.01) and VFES Standards.
Planner: Bill Gibson PEC Fee Paid: $500.00
TOWN OF VAIL, COLORADO Statement
Statement Number: R090001696 Amount: $500.00 11/23/200901:16 PM
Payment Method: Check Init: JLE
Notation: 4341 MUELLER
SERVICES
Permit No: PEC090039 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
Variance
Application
Planning
Environmental Commission
General Wbivi afion: Variances may be granted in order tD prevent Or tD-lessen such practical Okulties and un-
necessary physical hardships as would result from the strict mberpi~etatJon and/or atmuenvNt of the zoning regulations
inconsistent with the development objectives of the Town of Vag. A practical Mcul y or unnecessary PhySIcW hardship
may resin from the size, shape, or dimensions of a site or the locatim of eking structures thereon; from topographic
or physical conditions on the site or in the immediate viably; or from other-physical Grnilations, street locations or con-
ditions in the immediate vicinity. Cost or incoirienience bo the applicant of strict or Meral compliance with a -regulation
shall not be a reason for granting a variance. The Val Tam Code can-be found on the Town's website at
www.va&pv c xm The proposed project may abo require other permits or 40catiom and/or review by the Design Re-
view Board and/or Town Council.
Fee: $500
Desc,iPtkm of the RmIncrease the sauare footage of a new Type III EHU
from 1200 sq.ft. to, 1719 sq.ft.
PhysicalA: 1550 Matterhorn Circle, Vail, Co.
Parcel Number. 21 ni j 2-Annnn4 (Contact Eagle Go. Assessor at 970-328-8640 for parcel no.)
Property Owner: Wolfgang F Mueller
MailingAddresrc P.O.B. 506, Vail, Co. 81658
Owner's Silgnature:
(970) 476-4539
Primary Cam/ owner Relmeementa#irre: same
Mailing Address: ss a-
E-Mail: Fa=
For. Off oe Use only: Cash CC: Visa / MC Last 4 CC # Auth # Check # l 3 9 1
Fee Paid: ~rQ0 • Rece+ved From: I~v~e c~ ~~ty~cQS
Meeting Elate: 1 ~l PEC No.: L A
Planner. rJ Project No: Flu 69) ?Z o
Zoning: Land Use:
Location of the Proposal: Lot~ Block: Subdivision:U G-~r(k 'X - U 44-
iy
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 January 11, 2010, 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
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
Employee Housing Unit, located at 1550 Matterhorn Circle/Unplatted, and setting forth
details in regard thereto. (PEC090039)
Applicant: Wolfgang Mueller
Planner: Bill Gibson
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 December 24, 2009, in the Vail Daily.
r
LIST OF PROPERTY OWNERS ADJACENT TO
7o✓
.1550 MATTERHORN CIR., VAIL,_CO._
R043411 210312328003 SC111 . MILL 44 %9 CR 0.054 NET 445150
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
Subdivision: PARKSIDE VILLAS Lot 3 BK-0683 PG-0308 MAP 12-11-95 BK-0683 PG-4309 DEC 12-11-95
R656745 DEC 05-1808 -
R060888 210312328012 SC111 MILL 44.569 CR 0.054 NET 445150
MALLMAN, SANDRA B. & RESIDENTIAL 1,449,770 115,400
THOMAS L. -JT 770 115,400
1301 FOREST GLEN N TOTAL 1,449,
wvgNIETKA, IL 60093
Subdivision: PARKSIDE VILLAS Lao: 6 R29M16850 MAP 084648
8047076 210312328009 SC111 MILL 44.569 CR 0.054 NET 445150
BATHGATE, MARGARET M. RESIDENTIAL 1,526,670 121,520
6376 E TUFTS AVE TOTAL 1,526,670 121,520
ENGLEWOOD, CO 80111
Subdivision: PARKSIDE VRJ AS It 7 8656157 MAP 05-13-98 8200725617 QCD 09-07-07
R043412 210312328004 SC111 MILL 44569 CR 0.054 NET 445150
PARKSIDE VILLAS ASSOC RESIDENTIAL 0 0
C!O PARKSIDE VILLAS TOTAL 0 0
ASSOC
1476 WESPHAVEN DR
VAIL, CO 81657
Subdivision: PARKSIDE VILLAS COMMON AREA BK-0683 PG4M MAP 12-1195 UK-0683 PG4309 DEC
12-11-95 R656745 DEC 05-18-98 8692450 QCD 04-14-99
TOWN OF VAIL, CO. MIDDLE BENCH OF DONOVAN PARK
LOWER BENCH OF DONOVAN PARK
NOV 2 0 2009
TOWN OF VAIL
Eagle County
Ownership Listing for: Matterhorn Inn
Working Date Aug 04, 2009
ACCOUNT NO PARCEL NO
OWNER NAME/ADDRESS
AREA ID MILL LEVY
VALUE ACTUAL ASSESSE
D
8013611 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
8013725 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 CIR 4
TOTAL
260,100
20,700
VAIL, CO 81657
Subdivision: MATTERHORN INN Unit: 4 R200808320 QCD 0404-08
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 02404-97 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 Fji E; 71
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
C~ 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
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MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 11, 2010
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. (PEC090039)
Applicant: Wolfgang Mueller
Planner: Bill Gibson
1. SUMMARY
The applicant, Wolfgang Mueller, is requesting a final review of a variance to amend a
previously approved plan. On September 14, 2009, the applicant obtained a Gross
Residential Floor Area (GRFA) variance to facilitate the conversion of an existing garage
attic into an employee housing unit. The applicant is now proposing to construct an
interior, rather than exterior, entry stairway to the employee housing which creates 175
sq.ft. of additional GRFA that can not be constructed without a new variance.
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.
II. 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.
On September 14, 2009, the applicant obtained a GRFA variance 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 applicant
proposed a 1,544 sq. ft. EHU which exceeded the 1,200 sq. ft. size limit prescribed by
Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code; which
necessitating the variance.
The applicant is now proposing to remove the existing exterior stairs to the second floor
garage attic area and instead construct a new interior stairway to the employee housing
unit. The new stairway will convert an existing garage area to GRFA. This new interior
stairway will create 175 sq.ft. of new floor area beyond the GRFA limit approved through
the September 14, 2009, variance. Therefore, the applicant must obtain a new GRFA
variance to facilitate the construction of the proposed interior stairway.
A vicinity map (Attachment A), the applicant's request (Attachment B), architectural
plans and photographs (Attachment C) 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.
On September 14, 2009, the applicant obtained a GRFA variance to facilitate the
conversion of an existing garage attic into an employee housing unit with 1,544 sq.ft. of
GRFA.
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
2
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
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.
3
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.
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.
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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
EHU size (max): 1,200 sq. ft.
Parking (min): 12 spaces
Previous Variance Proposed
1,544 sq. ft
12 spaces
1,719 sq.ft.
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 applicant is now proposing to remove the existing exterior stairs to the
second floor garage attic area and instead construct a new interior stairway to the
employee housing unit. The first floor portion of the proposed interior stairway will be
located in the northwest corner of the existing garage and will not displace any vehicle
parking spaces. Staff believes the applicant's amended proposal to create an enclosed,
interior stairway to the employee housing unit will create a more convenient and livable
residence than maintaining the existing, open exterior stairway.
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.
7
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.
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 Staff's
January 11, 2010, 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.
8
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."
X. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Proposed Architectural Plans
D. Photographs
E. September 14, 2009, Approved Architectural Plans
9
Attachment A
10
Attachment B
Nov.20,2009
TOV PLANNING AND ENVIRONMENTAL COMMISSION
RE: Variance Application for the property at 1550
Matterhorn Cir. Vail, Co.
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 EHU.
The applicable Zone District is RC under which additional
units are allowed if restricted as Type III EHUS.
The maximum square footage for this type EHU is 1200 sq.ft.
The area above the garage comprises about 1586 sq.ft.
An interior staircase from the garage level increases the
square footage from the Aug.20, 2009 application to
1719 sq.ft. The exterior staircase has been removed.
NEIGHBORS: The property is bordered by the 11 unit
Matterhorn Inn complex to the west. To the east three single
family units of the seven unit Parkside Villas Project abut.
The lower bench of Donovan Park is across Matterhorn
Circle to the north and the middle bench of Donovan Park
is contiguous to the south.
PARKING: The existing 5 units plus the proposed EHU
require 12 parking spaces (6 units times 2 spaces per unit).
This offstreet parking has been sketched on the site 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,
D r
NOV 2 01009
TOWN OF VAIL
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