HomeMy WebLinkAboutPEC100016 Appeal��
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Appeals Form
Department of Community Development
75 South Frontage Road., Vail, Colorado 81657
te1:970.479.2139 fax: 970.479.2452
web: www.vaigov.com
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MAY 14 2010
TOWN OF VAIL �� '
General Information:
This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental
Commission action/decision. A complete form and associated requirements must be submitted to the
Community Development Department within twenty (20) calendar days of the disputed action/decision.
Action/Decision being appealed: P Ec � o00 ��� YoVC�-� o�
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Dateof Action/Decision: �'p r►� Z �o . ZD � �
Board or Staff person rendering action/decision: P E C
Does this appeal involve a specific parcel of land? es (no)
If yes, are you an adjacent property owner? �(no)
Name of Appellant(s): C 1�i-�'� ��oh�c T.1� ►G
Mailing Address: C10 So�ra��n �. �3o..k,-�e-r �F C, I�o Bo� �-1 Z S,
�dwcv-ds Co gI1932- Phone: 9�1cs- 3o�o-yZyZ
Physical Address in Vail:
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Legal Description of Appellant(s) Property in Vail: Lot:_Block:� Subdivision: Vc�.1 ��► I��c , Fi li rt9�
Appellant(s) Signature(s): ��� ����; 14'f'i-� rvtea.-( 'i�' jL}���� I Gt.v�
(Attach a list of signatures if more space is required).
Submittal Requirements:
1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an
"aggrieved or adversely affected person".
2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please
cite specific code sections having relevance to the action being appealed.
3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of
properly who are the subject of the appeal and all adjacent property owners (including owners
whose properties are separated from the subject property by a right-of-way, stream, or other
intervening barrier).
4. Provide stamped, addressed envelopes for each property owner listed in (3.).
PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO:
TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
For Office Use Only:
Date Received: S�iy�i� Activity No.: Q
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Planner. �t. Project No.:
F:\cdev\FORMS\PERMITS\Planning\Applications�Appeals.doc 12-6-2005
May 14, 2010
Hand Delivered
Department of Community Development
Attention: Mr. Bill Gibson
75 South Frontage Road
Vail, Colorado 81657
RE: Nancy Adam — PEC Application No. PEC100016
NOTICE OF APPEAL
Dear Bill:
Further to our discussions regarding Nancy rldam's Conditional Use Permit applicarion
seeking approval for a bed and breakfast operation at her home at 765 Forest Road, on behalf of my
clients Cliff and Bonne Illig, I hereby provide notice of appeal of the Planning and Environmental
Coininission's April 26, 2010 approval of Application No. PEC 100016.
In accordance with the requirements of � 12-3-3.C. of the Vail Town Code, please find
attached the following:
A. Written Notice of Appeal on Town of Vail form;
B. List of name and addresses of the appellant, the applicant, property owner, and all
adjacent property owners;
C. Stamped, addressed envelopes for each of the property owners referenced in (B)
above; and
D. Correspondence from Sarah J. Baker PC to Town of Vail Planning and
Environmental Comnussion dated Apri121, 2010 providing a detailed explanation of
the basis on which Appellant's opposes Ms. Adam's application.
Cliff and Bonne Illig meet the criteria of an "aggrieved or adversely affected person" because
they are adjacent property owners. In accordance �vith � 12-14-18 of the Vail Town Code, any
adjacent property owner may appeal to the Vail Town Council any decision made by the Planning
and Environmental Cominission approving a conditional use permit for bed and breakfast
operations.
I am attaching my April 21, 2010 correspondence to the Planning and Environmental
Coinmission, arriculating the reasons Appellant believes the Adam applicarion fails to satisfy the
required criteria. The precise nature of the appeal is that the Adam application fails to satisfy the
5arahJ. 13akca N.C'.
N.U. liok �t�'3.i, lf)1 1 licard C'rccl:'1't.ifl, l�;d�cards. Color:�dc� 8L63`L �: ('.)7O) : Ofi-12.4L �i iHfiEi} ,:�!)i-,1��i2�i
Town of Vail
Department of Community Development
May 14, 2010
Page 2
requirements of the Vail Town Code because the proposed use is incompatibile and inharmonious
with the Vail communiry, with the use and established character of the neighborhood, and with the
purposes of the Vail zoning regulations. References to specific code sections having relevance to
the action being appealed are included in the attached correspondence. Appellant may cite
additional grounds as the basis of this appeal at or prior to the public hearing to be held on this
appeal.
I respectfully request that you schedule a hearing before the Town Council on the appeal
within forty (40) calendar days of the date of filing of this appeal.
Yours very truly,
SARAH J. BAKER PC
�,�C,,-p� � ,�er
Sarah J. Baker, Esq.
SJB:sw
Enclosures
cc: Cliff and Bonne Illig
LIST OF NAMES AND ADDRESSES
OF ALL OWNERS OF PROPERTY WHO ARE THE SUBJECT OF THE APPEAL AND
ALL ADJACENT PROEPRTY OWNERS
A�uellant•
Name:
Mailing Address:
Address in Vail:
Parcel Number:
Situs Address:
Legal Description:
Clifford W. and Bonne A. Illig
11504 Pawnee Circle
Leawood, Kansas 66211
796/798 Forest Road
2101-072-11-034,2101-072-11-033
796/798 Forest Road
Lots 13E and 13W, Block 1, Vail Village Filing 6
Avt�licant / Property Owner:
Name: Nancy Adam
Mailing Address: 765 Forest Road, Unit A
Vail, Colorado 81657
Address in Vail: 765 Forest Road
Parcel Number: 2101-072-10-007
Situs Address: 765 Forest Road
Legal Descriprion: Lot 8, Block 2, Vail Village Filing 6
Adjacent Property Owners:
Name:
Mailing Address:
Parcel Number:
Situs Address:
Legal Descriprion:
Name:
Mailing Address:
Address in Vail:
Parcel Number:
Situs Address:
Legal Description:
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
2101-072-18-002
None Provided
Tract B, Vail Lionshead Filing 3
Monogram Real Estate
11101 W 120�' Avenue, Suite 300
Broomfield, Colorado
745 Forest Road, Units r1 and B
2101-072-10-015, 2101-072-10-016
745 Forest Road, Units r1 and B
Lot 7, Block 2, Vail Village Filing 6
Name:
Mailing Address
Address in Vail:
Parcel Number:
Situs Address:
Legal Descriprion:
Name:
Mailing rlddress:
Address in Vail:
Parcel Number:
Situs Address:
Legal Description
Name:
Mailing Address
Address in Vail:
Parcel Number:
Legal Description:
General Communications Inc.
Attn: A. Emmet Stephenson, Jr.
Post Office Box 1224
Englewood, Colorado 80121
756 Forest Road
2101-072-11-012
756 Forest Road
Lot 12, Block 1, Vail Village Filing 6
Brian Deevy & Caryn Ostergard
1 Littleridge Lane
Englewood, Colorado 80110
736 Forest Road, Unit D
2101-072-11-018
736 Forest Road, Unit D
Lot 11, Block 1, Vail Village Filing 6
Jose & Patricia Mas
8550 Old Cutler Road
Miami, Florida 33143
736 Forest Road, Unit C
2101-072-11-017
Lot 11, Block 1, Vail Village Filing 6
Apri121, 2010
Bv Email to bgib,son�vail�ov. com
Planning and Environmental Commission
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
RE: Application No. PEC100016
Application by Nancy Adam for Conditional Use Permrt Application for
Bed arld Breakfast
Dear Commissioners:
This letter is submitted on behalf of my clients, Cliff and Bonne Illig, the owners of 796
and 798 Forest Road. Cliff and Bonne live across Forest Road from Nancy Adam's residence.
In the applicarion before you, Ms. Adam seeks your approval of a conditional use permit to
operate a bed and breakfast business accommodating guests in up to three (3) bedrooms in her
home at 765 Forest Road. Because the impacts of the proposed use will be incomparible and
inharmonious with the neighborhood and with the purposes of the Town's zoning regulations in
a manner that is incapable of mitigation, on behalf of the Illigs, I request that you deny Ms.
Adam's applicarion.
THE APPLICATION
Ms. Adam is the owner of a six (6) bedroom, seven and a half (7.5) bath single-family
residence backing to Gore Creek just uphill of where Forest Road and the South Frontage Road
intersect. Ms. Adam occupies the main portion of the home, and she rents a one (1) bedroom,
one (1) bathroom unit to a local couple. It appears that three people currendy occupy the home
as their full-time residence, and would conrinue to do so if the applicarion is approved.
In addirion to the e�sting use, Ms. Adam seeks your approval to operate a three (3)
bedroom bed and breakfast, "Nancy's Nest" in the home. No details of the operating
characteristics of the proposed business are provided in the application.
VAIL TOWN CODE CRITERIA
Ms. Adam's home is in the Two-Family Primary/Secondary Residential (I'S) District. In
accordance with � 12-6D-3 of the Town Code of the Town of Vail (" V7'C'), bed and breakfast
uses are permitted within the PS district, subject to issuance of a conditional use permit.
Saral�,�. 13akcr 1'.('.
P.O. l3ok 1�5, lt�l'413card ('rcck 1'rail. 1';�l�c'an1s. Colurailc� 81632 u(J%U) ;i0(i-�12��2 G(t3fifi) 597-1�t�13
Planning and Environmental Commission
Apri121, 2010
Page 2
VTC � 12-16-1 recognizes that, because of their unusual or special characteristics,
conditional uses must be located appropriately throughout the Vail communiry in order to
ensure that the proposed use is comparible and harmonious with the Vail community, with
surrounding properties, and with the purposes of the Town's zoning regulations. VTC � 12-16-
2 sets forth the required contents of an applicarion for a conditional use permit, and VTC � 12-
14-18 establishes further criteria relating to off street designated parking, trash facilities, signage,
and ma�mum square footage requirements.
Even if Ms. �dam's application sarisfies the minimum requirements of the VTC �C 12-14-
18, the Planning and Environmental Commission is not compelled to issue an approval of the
conditional use perniit application. VTC �1 12-14-18(B) provides that "Bed and breakfast
operations maybe allowed as a condirional use in those zone districts..." (emphasis added).
This Commission must ultunately decide if this business is appropriately located, and if
the use is compatible and harmonious with the neighborhood and the Town's character.
Because Ms. Adam's applicarion seeks approval for a business use which, if approved, will have
a detrunental effect on surrounding properties and will be inconsistent with the neighborhood
and adjacent uses, I encourage you to deny the application.
THE APPLICATION DOES NOT SATISFY
THE CRITERIA OF THE VAIL TOWN CODE
Ms. r,dam's application seeking your approval to operate a bed and breakfast business in
her home on Forest Road fails to satisfy the requirements of the VTC for two reasons. In
pertinent part, VTC � 12-16-2 ("Application; Contents") provides as follows with respect to the
required contents of an application for a conditional use permit:
Application for a condirional use permit shall be made upon a form provided by
the adininistrator. The application shall be supported by documents, maps,
plans, and other material contauung the following informarion:
C. A descriprion of the precise nature of the proposed use and its operating
characteristics, and measures proposed to make the use compatible with other
properries in the vicinity.
(emphasis added).
First, as stated above, any application for a conditional use permit must contain "a
description of the pYecise nature of the proposed use and its operating characteristics". Ms.
Adam's application, which consists of the Town's form Conditional Use Permit application and
is accompanied by correspondence dated March 25, 2010 and March 26, 2010 makes absolutely
no menrion of the operating characteristics of the proposed business. For example:
Planning and Environmental Commission
Apri121, 2010
Page 3
➢ Will the business be operated to cater special functions, i.e., wedding receprions,
graduations, and other parties?
➢ Will pets be allowed?
➢ Will smoking be permitted in the house? If guests will be required to smoke outside, will
there be a designated smoking area, and where will that be in relarion to the view of the
neighbors and public rights of way?
➢ What restrictions on guest vehicles will the business have? Will each guest room be
limited to one vehicle? Will guests be allowed to bring trailers or other recrearional
vehicles? Will there be a shuttle service to and from Eagle County airport?
➢ Will Ms. r�dam be staffing the business to assist with cooking, cleaning, and other chores
to accommodate the 24 hour needs of the guests, or will she be perforriing these
activities herself?
➢ Will the business be operated seasonally or year-round? Will Ms. rldam be in residence
at all times when the business is operated? How will the business be operated when Ms.
Adam is unable—whether as a planned or unplanned absence—to be in residence?
Each of these specific operating characteristics creates a different impact on surrounding
properries. From the informarion available in the application, it is not possible to evaluate the
impact of the proposed use because the business operations are not described. For this reason
alone, the application fails to meet the required contents criteria of the VTC and may not be
approved at this time.
Second, the V I'C provisions require that Ms. Adam also describe measures proposed to
make the use compatible with other properries in the vicuury. See VTC � 12-16-2. Ms. r�dam's
March 25, 2010 correspondence makes no mention of the impacts her proposed use will have
on surrounding properries. She writes only: "The use is consistent �vith the short term rental of
many of the properries on Forest Road, including the timeshare/interval ownership of the
adjacent property at 745 Forest Road. The large, two driveway entrance driveway will provide
off-street parking for the needs of guests." This statement turns a blind eye to the impacts of
the proposed use on her neighbors.
While VTC � 12-14-18(B)(1) appears to require only a total of three (3) off street parking
spaces for the proposed use,� Ms. r,dam's parking plan lies at the heart of why the proposed use
is inconsistent with the neighborhood and will have a detrimental impact on surrounding
1 Note that this requirement is actually less parking than what is required by VTC � 12-10-10(B) for
single-family dwellings with a gross residential floor area of 4,000 to 5,500 square feet. Under the
current zoning regulations, the properry is required to have at least four (4) parking spaces.
Planning and Environmental Commission
Apri121, 2010
Page 4
properties and on the character of the neighborhood. Ms. Adam states in her March 25, 2010
correspondence that "The home has a two (2) car attached garage. The driveway provides off-
street parking for 5 additional vehicles."'- It is not clear from the application how these five
spaces have been calculated.
In maintaining the compatibility with neighboring properries, the particular
characteristics of a site are important. It is not enough to just have the required number of
spaces; it is important to understand how these spaces relate to the neighbors and to those
within the public way. All of Ms. Adam's parking is located just feet off Forest Road, and has
no view mitigation whatsoever. Tl�ese photographs were recendy taken from my client's
driveway:
Pl,��<<, l: Photo 2:
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z In parricular, Ms. �dam's applicarion is not clear whether two (2) of the five (5) outdoor spaces are
actually behind the garage spaces. As evidenced by the photographs, the parking is currently used in this
manner.
Planning and Environmental Commission
Apri121, 2010
Page 5
➢ As you can see, the outdoor off-street parking where Ms. Adam proposes to park up to
five (5) vehicles is separated from Forest Road only by a small island covering only about
one-half the length of the drive with a few boulders and no apparent landscaping. Under
the Town's e�sting Development Standards, all landscaping
shrubs/perennials/annuals/etc. must be located a minimum of iive feet from the edge of
the public road, and all permanent obstructions must be located a minimum of ten feet
from the edge of the public road. See VTC � 14-3-2, Table 3. Given both the site
constraints as well as the e�sting incompatibility with Town Development Standards, it
is not practical to add landscaping or walls to mirigate the visual impact of parking so
close to the public road.
➢ Even with a small vehicle, the parking area in front of the two garage doors is barel��
sufficient in length to enable the car to clear the Forest Road right of way. In accordance
with VTC � 14-3-2(F) ("Location") parking spaces "must be entirely within lot lines and
shall not encroach into any public right of way. No parked vehicle shall overhang any
public right of way." Furthermore, the Town's current Development Standards require
five feet horizontal clearance between any parking space and the edge of a public street.
See VTC 14-3-1 Table 2("Minimum Standards, Residential r�ccess and Parking
Standards"). Clearly even small vehicles overhang into the public right of way, such that
the areas behind the garages are not legal parking spaces.
➢ The width of the thru drive will not enable a car parked in the middle of other vehicles
to get out without moving the other vehicles. When Nancy's Nest has a full house,
guests will have to move their vehicles to accommodate the comings and goings of Ms.
Adam, her two tenants, and the other guests of the business. This will not onl�� make
for a bad business, it will generate additional vehicle movements that will impact adjacent
properries. It is unrealistic to think that this parking challenge will not frequendy lead to
vehicles parked on Forest Road, unpeding traffic. VTC � 14-3-2(�) ("Vehicle
Maneuverability") requires that parking spaces be independently accessible ("i.e., required
parking for 1 unit cannot block access for parking for another unit on site"). In
accordance with this definirion, it appears that Ms. r�dam's only legal parking spaces are
the two in the garage and three (two cars nose-in on the downhill side of the drive, to the
uphill of the garage, and one at the entrance on the uphill curb cut) in the drive.
One of the criteria of approval of a condirional use permit is that the applicarion be
consistent with the purposes of Vail's zoning regularions.� The relevant specific stated purposes
of the zoning regulations are:
➢ "To promote adequate and appropriately located off street parking..." See VTC
� 12-1-1(B)(4).
➢ "To conserve and maintain established community qualiries and economic
values." SeeV"I'C � 12-1-1(B)(5)
3 See VTC � 12-16-1.
Planning and Environmental Commission
Apri121, 2010
Page 6
➢ "To encourage a harmonious, convenient, woYkable relationship among land
uses, consistent with municipal development objectives." See VTC � 12-1-1(B)(6)
Toward these and other ends, the Town has enacted the regulations set forth in Tide 12 of the
VTC. Title 12, Chapter 10 of the Town's zoning regulations prescribes that:
[O]ff street parking ... areas are to be designed, maintained and operated in a
manner that will ensure their usefulness, protect the public safery, and where
��priate, insulate surrounding land uses from their impacts. In certain
districts, all or a porrion of the parking spaces prescribed by this chapter are
required to be within the main building in order to avoid or to ininiinize the
adverse visual impact of large concentrations or [sic.] exposed parking.. ."
See VTC � 12-10-1 (emphasis added).
The parking proposed by Ms. Adam will dramatically increase the adverse visual impact
of exposed parking on this established neighborhood. From the public right of way and to all
adjacent property owners who look onto Ms. Adam's property, Nancy's Nest will be a parking
lot alongside Forest Road. As the photos demonstrate, Ms. �dam's existing parking is not
consistent with the other driveways along Forest Road. Other private drives have a more
narrow entrance into the individual lot, and paxking is located more distant from the road and
visually screened by grading or landscaping from full view from the public right of way. In
contrast, Ms. Adam's parking runs the length of her driveway and has little or no shielding from
public view. Every vehicle that parks at Nancy's Nest will be clearly seen by all neighbors and
anyone entering Forest Road from the west entrance. The level of outdoor parking resulting
from Ms. Adam's proposed business use will adversely impact this neighborhood.
Other than stating that her garage and drive are capable of holding a total of seven (7)
cars and can therefore sarisfy "the needs of the guests", Ms. Adam's application omits any
mention of adverse parking impacts on surrounding properties, as though there will be no
impact. Five vehicles parked outside4 is incompatible and inharmonious with the adjacent
properties in this premier Vail neighborhood.
�t a ininimum, Ms. Adam's applicarion fails to meet the application requixements of
VTC � 12-16-2(C). More importandy, however, the use for which Ms. Adam seeks approval will
necessarily create impacts discordant with the characteristics of the Forest Road neighborhood
and the purposes of Vail's zoning regulations. The physical characteristics of the lot do not
appear to offer any pracrical mitigarion opportunities to eliminate the visual impacts of high
density outdoor parking at 765 Forest Road. VTC � 12-16-1 requires: "Where condiuons
4 With Ms. Adam and her two tenants occupying the property, when the three (3) bedrooms of the bed
and breakfast are occupied, there are likely to be six (6) vehicles parked at the property, not including the
vehicles of anyone Ms. Adam may hire to help her staff Nancy's Nest for cleaning, cooking, etc. That's a
lot of cars. If the operating characteristics of the business are such that it will also include hosting parues
and other events, it is even more cars.
Planning and Environmental Commission
r�pri121, 2010
Page 7
cannot be devised to achieve these objectives, applications for conditional use permits shall be
denied."
THE PROPOSED USE VIOLATES THE
PROTECTIVE COVENANTS OF VAIL VILLAGE, SIXTH FILING
Notwithstanding the failure of the applicarion to sarisfy the requirements of the VTC,
and while not a matter even appropriately interpreted by this Board, Ms. Adam's proposed
business use of her home violates the land use provisions of the Protective Covenants of Vail
Village, S�th Filing recorded June 5, 1964 in Book 183 at Page 1, a copy of which is attached.
r�s the �LTA Owner's Policy Number 0-9701-64239 with an effective date of October 6, 1998
submitted by Ms. Adam with her applicarion idenrifies in Exceprion No. 9, these covenants
encumber her property. Secrion 2 of these covenants provides that "[t]he numbered Lots shall
be used only for private residences, each to contain not more than two separate apartments"
(emphasis added).
Ms. Adam seeks a business use for her residence. If allowed, Ms. rldam's single-family
residence will accommodate her bedroom, a lock-off unit for her full time tenants, and three
separate guest rooms available for nighdy rentals. It is a business operated amidst some of Vail's
premier residences. Absent an amendment to the covenants, the proposed use is a clear
violation of the subdivision's protecrive covenants to which Ms. Adam is obliged to comply.
Should Ms. Adam seek to amend these covenants to permit the use, a clear amendment
procedure with which she may comply is provided.
In the event this Commission deems it appropriate to approve the application, I urge you
to approve the applicarion subject to the following condition:
Applicant shall comply with the requirements of the Protective Covenants
of Vail Village, Sixth Filing, as the same may be applicable.
CONCLUSION
In conclusion, Ms. Adam's application to you for approval of a three (3) bedroom bed
and breakfast in the home she currendy shares with another couple is a use that is incompatible
with the character of the neighborhood. The purpose of Vail's zoning regulations is to promote
the coordinated and harmonious development of the Town in a manner that will conserve and
enhance its natural environment and its established character as a resort and residenrial
community of high quality. The parking impacts and the potential operating characterisric
impacts on the Forest Road neighborhood are severe. As demonstrated, the proposed use is not
harmonious with the neighborhood. The physical characteristics of the individual site are such
that it appears that the known impacts are incapable of mitigation. Because the application fails
to meet the required criteria of the VTC, and because the proposed use is incomparible and
inharmonious with the Vail community, with the use and established character of the
neighborhood, and with the purposes of the Vail zoning regulations, on behalf of my clients, I
Planning and Environmental Commission
Apri121, 2010
Page 8
request that you deny the applicarion. Should you approve the applicarion in spite of these
impacts, I request that your approval be subject to condition stated above regarding compliance
with the Vail Village, SiYth Filing covenants.
Yours very truly,
s�x J. s.�R nc
���x � ����
Sarah J. Baker, Esq.
SJB/sw
Enclosure
cc: Cliff and Bonne Illig
Ms. Nancy Adam
Monogram Real Estate
General Communicarions, Inc.
Jose and Patricia Mas
TO
FROM
MEMORANDUM
Vail Town Council
Community Development Department
DATE: June 15, 2010
P�� �P�b��c ���rd
votc.� �-o-o
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of
Vail Planning and Environmental Commission's approval of a request for a
conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town
Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A/Lot 8,
Block 2, Vail Village Filing 6, and setting forth details in regard thereto.
(PEC100016)
Appellant: Cliff and Bonnie Illig, represented by Sarah J. Baker, Esq.
Planner: Bill Gibson
I. SUBJECT OF THE APPEAL
The appellants, Cliff and Bonnie Illig, represented by Sarah J. Baker, filed an appeal,
pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and
Environmental Commission's April 26, 2010, approval of a request for a conditional use
permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a
bed and breakfast, located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing
6, and setting forth details in regard thereto.
The Planning and Environmental Commission approved the applicanYs request for a
conditional use permit by a vote of 5-0-1 (Pierce recused) with the following condition:
"1. The approval of this conditional use permit shall expire on April 26, 2012."
According to the appeal of the Planning and Environmental Commission's decision:
"The precise nature of the appeal is that the Adam application fails to satisfy the
requirements of the Vail Town Code because the proposed use is incompatible
and inharmonious with the Vail community, with the use and established
character of the neighborhood, and with the purposes of the Vail zoning
regulations."
In the appeal, the appellants reference their April 21, 2010, letter from Sarah Baker to
the Planning and Environmental Commission that outlines their objections to the
proposed bed and breakfast in greater detail. The appellants' April 215t letter was
reviewed by the Planning and Environmental Commission as part of the April 26, 2010,
Staff memorandum to the Commission.
The applicant submitted a letter dated April 21, 2010, to the Planning and Environmental
Commission in response to the appellants' April 21S' letter. The applicanYs response
letter was also reviewed by the Planning and Environmental Commission as part of the
April 26, 2010, Staff memorandum to the Commission.
FI
In its April 26, 2010, memorandum to the Planning and Environmental Commission, Staff
outlined that the proposed bed and breakfast complies with the use specific standards
prescribed by the Vail Town Code and that the proposed bed and breakfast conforms
with the conditional use permit review criteria established by the Town Code.
Please note that the appellants' April 21, 2010, letter references protective covenants for
the Vail Village 6`h Filing. Staff and the Town Attorney clarified with the appellants'
representative that the Town of Vail does not regulate, interpret, enforce, or resolve
disputes concerning private covenants or other similar civil agreements. Staff
communicated to the appellants' representative and the Commission that any issues
related to private covenants are not germane to the Town's review of conditional use
permit applications.
The applicant, Nancy Adam, has submitted a letter to the Vail Town Council dated June
4, 2010, in response to the appellants' appeal. The applicant requests that the Council
affirms the Planning and Environmental Commission's decision.
The appellant's appeal (Attachment A), the applicant's June 4, 2010, response to the
appeal (Attachment B), the Planning and Environmental Commission's April 26, 2010,
hearing results (Attachment C), the April 26, 2010, Staff memorandum to the Planning
and Environmental Commission (Attachment D) have been attached for review.
11. SUBJECT PROPERTY
The subject property is located at 765 Forest Road/Lot 8, Block 2, Vail Village Filing 6.
III. STANDING OF APPELLANT
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the appellant has standing as an
adjacent property owner to appeal the Planning and Environmental Commission's April
26, 2010, decision.
IV. REQUIRED ACTION
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall
uphold, uphold with modifications, or overturn the Planning and Environmental
Commission's April 26, 2010, decision.
V. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council upholds
the Planning and Environmental Commission's April 26, 2010, decision based upon the
Staff's April 26, 2010, memorandum to the Planning and Environmental Commission, the
evidence and testimony presented, and the findings of fact listed below.
The Community Development Department recommends the Vail Town Council makes
the following findings of fact:
• The subject property, 765 Forest Road, is located within the Two-Family
Primary/Secondary District.
2
Pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, bed and
breakfasts are allowed in the Two-Family Primary/Secondary District in
accordance with the provisions of Chapter 16, Conditional Use Permits, Vail
Town Code, and as further regulated by Section 12-14-18, Bed and Breakfast
Operations, Vail Town Code.
Pursuant to Section 12-2-2, Definitions, Vail Town Code, a bed and breakfast
is defined as follows:
"BED AND BREAKFAST.� A business which accommodates guests in a
dwelling unit in which the bed and breakfast proprietor lives on the
premises and is in residence during the bed and breakfast use."
• Pursuant to Section 12-14-18, Bed and Breakfast Operations, Vail Town
Code, bed and breakfasts are regulated as follows:
"A. Definition: See section 12-2-2 of this title for definition of "bed and
breakfast"
8. Location and Criteria: Bed and breakfast operations may be allowed as
a conditional use in those zone districts as specified in this title. If
permitted as a conditional use pursuant to chapter 16 of this title, bed and
breakfast operations shall be subject to the following requirements:
1. Off street designated parking shall be required as follows: one space
for the owner/proprietor plus one space for the first bedroom rented plus
one-half ('/� space for each additional bedroom rented.
2. Enclosed trash facilities and regular garbage removal service shall be
provided.
3. Remova/ of landscaping for the provision of additional parking is
strongly discouraged.
4. Each bed and breakfast shall be allowed one residential "nameplate"
sign as defined and regulated by the town sign code'.
5. If a bed and breakfast operation shall use property or facilities owned in
common or jointly with other property owners such as parking spaces or a
driveway in duplex subdivision, by way of example, and not limitation, the
written approval of the other property owner, owners, or applicable
owners' association shall be required to be submitted with the application
for a conditional use permit.
6. A bed and breakfast operation may short term rent separately up to
three (3) bedrooms or a maximum square footage of nine hundred (900)
square feet of the dwelling unit. Bed and breakfast operations shall only
be permitted to accommodate a"family" as defined in section 92-2-2 of
this title.
In accordance with Sub-section 12-14-18-A, Vail Town Code, the applicant is
proposing to accommodate guests in her permanent residence in a manner
meeting the definition of a bed and breakfast.
• In accordance with Sub-section 12-14-18-B, Vail Town Code, the applicant is
proposing to operate a bed and breakfast within a zone district allowing such
as a conditional use.
3
• In accordance with Sub-section 12-14-18-B1, Vail Town Code, the applicant
is meeting the parking requirements for the proposed bed and breakfast with
three existing off-street spaces.
• In accordance with Sub-section 12-14-18-B2, Vail Town Code, the applicant
has trash storage and regular trash service.
• In accordance with Sub-section 12-14-18-B3, Vail Town Code, the applicant
is not proposing to remove landscaping to construct additional parking.
• At this time the applicant has not submitted a Design Review Sign Application
for any signage for the bed and breakfast. Any such future application wilf be
reviewed by the Community Development Department for compliance with
Sub-section 12-14-18-B4, Vail Town Code, and Title 11, Sign Regulations,
Vail Town Code.
• The applicant is the sole owner of the subject property, so the joint property
owner provisions of Sub-section 12-14-18-B5, Vail Town Code, are not
applicable.
• In accordance with Sub-section 12-14-18-B6, Vail Town Code, the applicant
is proposing to short term rent no more than three bedrooms and less than
900 square feet of floor area.
• On April 26, 2010, the Planning and Environmental Commission, held a
public hearing on the applicant's request for a conditional use permit to allow
for a bed and breakfast at 765 Forest Road in accordance with Section 12-
16-4, Hearing, Vail Town Code. The Commission reviewed the proposed bed
and breakfast based upon the factors outlined in Section 12-16-6, Criteria;
Findings, Vail Town Code.
• Pursuant to Section 12-16-6, Criteria; Findings, Vail Town Code:
"A. Factors Enumerated: before acting on a conditional use permit
application, the Planning and Environmental Commission shall consider
the following factors with respect to the proposed use:
1. Relationship and impact of the use on development objectives of the
fown.
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schoo/s, parks and recreation facilifies,
and other public facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
4. Effect upon the character of fhe area in which the proposed use is to
be located, including the sca/e and bulk of the proposed use in relation to
surrounding uses.
5. Such other factors and criteria as the commission deems applicable to
the proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by chapter 12 of this title.
• Staff's April 26, 2010, memorandum to the Planning and Environmental
Commission responded to each of the review factors outlined in Section 12-
16-6, Criteria; Findings, Vail Town Code, as follows:
"1. Bed and breakfast uses are allowed in the Two-Family
Primary/Secondary District subject to the issuance of a conditional use
permit. There are no additions or renovations to the existing two-family
residence associated with this conditional use permit request. The
applicant is proposing to operate the bed and breakfast in accordance
with the requirements for Section 12-14-18, Bed and Breakfast
Operations, Vail Town Code. Therefore, Staff believes this proposal is
consistent with the development objectives of the Town.
2. There are no additions or renovations to the existing twafamily
residence associated with this conditional use permit request. The
applicant is proposing to operate the bed and breakfast in accordance
with the requirements for Section 12-14-18, Bed and Breakfast
Operations, Vail Town Code. Therefore, Staff does not believe the
proposed bed and breakfast will negatively affect light or air, distribution
of population, transportation, facilities, utilities, schools, parks and
recreation facilities, or other public facility needs in comparison to existing
conditions.
3. There are no additions or renovations to the existing twafamily
residence associated with this conditional use permit request. The
Town's bed and breakfast standards require one parking space for the
owner/proprietor, one space for the first bedroom rented, and one-half (%)
a space for the two additional bedrooms rented, for a total of three
required parking spaces. There are 5 existing approved parking spaces
on the subject property. Two spaces within the existing garage and three
within the existing horseshoe driveway based upon the 1999/2000
remodel approved site plan. In practice, two additional vehicles might be
accommodated in the driveway at the front of the garage. However, while
not located within the actual street, much of this area is located with the
Town's street right-of-way property. Therefore, the driveway area in front
of the garage could not be counted toward the "required parking"
calculation for the 1999/2000 remodel or this bed and breakfast
conditional use permit application.
4. The applicant is proposing to operate the bed and breakfast in
accordance with the requirements for Section 12-14-18, Bed and
Breakfast Operations, Vail Town Code. Therefore, Staff does not believe
the proposed bed and breakfast will negatively affect traffic with particular
reference to congestion, automotive and pedestrian safety and
convenience, traffic flow and control, access, maneuverability, or removal
of snow from the street and parking areas in comparison to existing
conditions.
�7
5. There are no additions or renovations to the exisfing two-family
residence associated with this conditional use permit request. The
applicant is proposing to operate the bed and breakfast in accordance
with the requirements for Section 12-14-18, Bed and Breakfast
Operations, Vail Town Code. Therefore, Staff does not believe the
proposed bed and breakfast will negatively affect the character of the
area in which the proposed use is to be located, including the scale and
bulk of the proposed use in relation to surrounding uses, in comparison to
existing conditions."
• On April 26, 2010, based upon the review of the Staff's memorandum to the
Commission, the Commission's site visit to the subject property, and the
evidence and testimony presented, the Planning and Environmental
Commission found:
"1. The proposed conditional use permit amendment is in accordance
with the purposes of the Zoning Regulations and the Two-Family
Primary/Secondary District.
2. The proposed conditional use permit and the conditions under which it
will be operated or maintained are not detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in
the vicinity.
3. The proposed conditional use permit complies with each of the
applicable provisions of Chapter 12-16, Conditional Use Permit, Vail
Town Code. "
On April 26, 2010,The Planning and Environmental Commission approved
the applicant's request for a conditional use permit to allow for a bed and
breakfast at 765 Forest Road by a vote of 5-0-1 (Pierce recused) with the
following condition:
"1. The approval of this conditional use permit shall expire on April 26,
2012. "
On May 14, 2010, the appellant filed an appeal of the Planning and
Environmental Commission's April 26, 2010, decision in accordance with
Section 12-3-3, Appeals, Vail Town Code.
• Notice of the Vail Town Council's hearing of this appeal has been completed
in accordance with provisions of Section 12-3-3, Appeals, Vail Town Code.
• On June 4, 2010, the applicant submitted a letter to the Vail Town Council in
response to the appellants' appeal.
The Community Development Department recommends the Vail Town Council makes
the following conclusion:
"Based upon a review of the Staff's April 26, 2010, memorandum to the Planning
and Environmental Commission, the evidence and testimony presented, and the
finding of facts, the Vail Town Council concludes:
0
The Planning and Environmental Commission's April 26, 2010, approval of a
request for a conditional use permit, pursuant to Section 12-6D-3, Conditional
Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest
Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth details in
regard thereto, meets the standards and conditions imposed by the requirements
of the Vail Town Code. "
The Community Development Department recommends the Vail Town Council makes
the following motion:
"Based upon a review of the Staff's April 26, 2010, memorandum to the Planning
and Environmental Commission, the evidence and testimony presented, and the
finding of facts, the Vail Town Council upholds the Planning and Environmental
Commission's April 26, 2010, approval of a request for a conditional use permit,
pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a
Bed and Breakfast, located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village
Filing 6, and setting forth details in regard thereto, based upon the conclusion
that the Commission's determination meets the standards and conditions
imposed by the requirements of the Vail Town Code. "
V. ATTACHMENTS
A. Appellant's Appeal dated May 24, 2010
B. ApplicanYs Response dated June 4, 2010
C. April 26, 2010, PEC hearing results
D. Staff memorandum to the PEC dated April 26, 2010
r�
�
� � 4-�
Vail Town Council Attachment: A
Appeals Form
Department of Community Development
75 South Frontage Road., Vail, Colorado 81657
te1:970.479.2139 fax: 970.479.2452
web: www.vailgov.com
� � � � � �
D
MAY 14 2010
TOWN OF VAIL ��
General Information:
This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental
Commission action/decision. A complete form and associated requirements must be submitted to the
Community Development Department within twenty (20) calendar days of the disputed action/decision.
Action/Decision being appealed: P E c � o 0 o I lo �� U YO VC�� o�
C o� d�� o v�oJ U s c �cx v►^i �-fa ,� �L3 cd ; 3 r co��.�F'o�s �i-
1� t�n\ � co�v�t � iV a`,vl c V Sho-D i,r o IA cA o`v�
—�
Dateof Action/Decision: �'P r► 1 Z ls� . Z� � O
Board or Staff person rendering action/decision: P E C
Does this appeal involve a specific parcel of land? es (no)
If yes, are you an adjacent properly owner? �(no)
Name of Appellant(s): Cl���� ��3ohh� T-1� ►G
Mailing Address: C10 So�ra`1� \. �3o��G.�e..r �' C. 1�o Bo� '-1 Z S,
£c� wa,r'd s CO g' 1 l9 3 Z Phone: 9-1 O' 301D- �l Z�l 2
Physical Address in Vail: -191e�1R $ �areS'i' lZ�a.c�
13 t i3 �
Legal Description of Appellant(s) property in Vail: Lot:_Block:� Subdivision: Va.i.1 ��� 1�o�oic , Fi (i r�
Appellant(s) Signature(s): ��� ��C�P�; �4tb rne.�.-� -fo� 14�}�tr� I c�.r��
(Attach a list of signatures if more space is required).
Submittal Requirements:
1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an
"aggrieved or adversely affected person".
2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please
cite specific code sections having relevance to the action being appealed.
3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of
property who are the subject of the appeal and all adjacent property owners (including owners
whose properties are separated from the subject properly by a right-of-way, stream, or other
intervening barrier).
4. Provide stamped, addressed envelopes for each property owner listed in (3.).
PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO:
TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
For Office Use Only:
Date ReceNed:_Ty.�� Activity No.: r Q
Planner: �r: Project No.: ( � G
F:\cdev\FORMS\PERMIfS\Planning�Applications�Appeals.doc 12-6-2005
SCANNED
May 14, 2010
Hand Delivered
Department of Community Development
Attention: Mr. Bill Gibson
75 South Frontage Road
Vail, Colorado 81657
RE: Nancy Adam — PEC Application No. PEC100016
NOTICE OF APPEAL
Dear Bill:
Further to our discussions regarding Nancy Adam's Conditional Use Permit application
seeking approval for a bed and breakfast operation at her home at 765 Forest Road, on behalf of my
clients Cliff and Bonne Illig, I hereby provide notice of appeal of the Planning and Environmental
Commission's Apri126, 2010 approval of Applicarion No. PEC 100016.
In accordance with the requirements of � 12-3-3.C. of the Vail Town Code, please find
attached the following:
A. Written Notice of Appeal on Town of Vail form;
B. List of name and addresses of the appellant, the applicant, property owner, and all
adjacent property owners;
C. Stamped, addressed envelopes for each of the property owners referenced in (B)
above; and
D. Correspondence from Sarah J. Baker PC to Town of Vail Planning and
Environmental Commission dated Apri121, 2010 providing a detailed explanation of
the basis on which Appellant's opposes Ms. Adam's application.
Cliff and Bonne Illig meet the criteria of an "aggrieved or adversely affected person" because
they are adjacent property owners. In accordance with � 12-14-18 of the Vail Town Code, any
adjacent property owner may appeal to the Vail Town Council any decision made by the Planning
and Environmental Commission approving a condirional use perniit for bed and breakfast
operations.
I am attaching my April 21, 2010 correspondence to the Planning and Environmental
Coinmission, arriculating the reasons Appellant believes the Adam applicarion fails to sarisfy the
required criteria. The precise nature of the appeal is that the Adam application fails to satisfy the
Sarah,i. Bakcr t'.C.
P.O. 13ot� 1�`_>.5, lf)1�I, lic;u-d ('rcck `1'rail, 1?cl�t�arcls, Coloratio S1G32 L• (97(1) ;3pfi-121�`l I�: (HG(i) :if)i--l��iL3
Town of Vail
Department of Community Development
May 14, 2010
Page 2
requirements of the Vail Town Code because the proposed use is incompatibile and inharmonious
with the Vail community, with the use and established character of the neighborhood, and with the
purposes of the Vail zoning regulations. Refexences to specific code sections having relevance to
the acrion being appealed are included in the attached correspondence. Appellant may cite
additional grounds as the basis of this appeal at or prior to the public hearing to be held on this
appeal.
I respectfully request that you schedule a hearing before the Town Council on the appeal
within forty (40) calendar days of the date of filing of this appeal.
Yours very truly,
SAxAx J. BA�R PC
�� � ,��r
Sarah J. Baker, Esq.
SJB:sw
Enclosures
cc: Cliff and Bonne Illig
Apri121, 2010
Bv Email to bgibson a�varJgov. com
Planning and Environmental Commission
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
RE: Application No. PEC100016
Application by Nancy Adam for Conditional Use Permit Application for
Bed and Breakfast
Dear Commissioners:
This letter is submitted on behalf of my clients, Cliff and Bonne Illig, the owners of 796
and 798 Forest Road. Cliff and Bonne live across Forest Road from Nancy Adam's residence.
In the application before you, Ms. Adam seeks your approval of a conditional use permit to
operate a bed and breakfast business accommodating guests in up to three (3) bedrooms in her
home at 765 Forest Road. Because the impacts of the proposed use will be incompatible and
inharmonious with the neighborhood and with the purposes of the Town's zoning regularions in
a manner that is incapable of mitigarion, on behalf of the Illigs, I request that you deny Ms.
Adam's applicarion.
THE APPLICATION
Ms. Adam is the owner of a six (6) bedroom, seven and a half (7.5) bath single-family
residence backing to Gore Creek just uphill of where Forest Road and the South Frontage Road
intersect. Ms. Adam occupies the main portion of the home, and she rents a one (1) bedroom,
one (1) bathroom unit to a local couple. It appears that three people currendy occupy the home
as their full-time residence, and would continue to do so if the application is approved.
In addition to the e�sting use, Ms. Adam seeks your approval to operate a three (3)
bedroom bed and breakfast, "Nancy's Nest" in the home. No details of the operating
characteristics of the proposed business are provided in the application.
VAIL TOWN CODE CRITERIA
Ms. Adam's home is in the Two-Family Primary/Secondary Residenrial (PS) District In
accordance with � 12-6D-3 of the Town Code of the Town of Vail (" VTC'), bed and breakfast
uses are permitted within the PS district, subject to issuance of a condirional use permit.
Sarali,). 13akcr 1'.('.
1'.O. 13o.z ��25, 1�11'413eard Cr-c•c:k �I"rail. l;d�+�ards, Coluri�lc� 81(i3Z t: (9%U) ;�06-'121� C: (Rfifi) 5�1i--1�i�2�3
Planning and Environmental Commission
April 21, 2010
Page 2
VTC � 12-16-1 recognizes that, because of their unusual or special characteristics,
conditional uses must be located appropriately throughout the Vail communiry in order to
ensure that the proposed use is comparible and harmonious with the Vail community, with
surrounding properries, and with the purposes of the Town's zoning regularions. VTC � 12-16-
2 sets forth the required contents of an applicarion for a conditional use permit, and VTC � 12-
14-18 establishes further criteria relating to off street designated parking, trash facilities, signage,
and maximum square footage requirements.
Even if Ms. Adam's application sarisfies the nunimum requirements of the VTC � 12-14-
18, the Planning and Environmental Commission is not compelled to issue an approval of the
conditional use permit applicarion. VTC � 12-14-18(B) provides that `Bed and breakfast
operations maybe allowed as a condirional use in those zone districts..." (emphasis added).
This Coxrunission must ultimately decide if this business is appropriately located, and if
the use is compatible and harmonious with the neighborhood and the Town's character.
Because Ms. Adam's application seeks approval for a business use which, if approved, will have
a detrimental effect on surrounding properties and will be inconsistent with the neighborhood
and adjacent uses, I encourage you to deny the application.
THE APPLICATION DOES NOT SATISFY
THE CRITERIA OF THE VAIL TOWN CODE
Ms. r'�dam's applicarion seeking your approval to opeYate a bed and breakfast business in
her home on Forest Road fails to sarisfy the requirements of the VTC for two reasons. In
pertinent part, VTC � 12-16-2 ("Application; Contents") provides as follows with respect to the
required contents of an applicarion for a condirional use permit:
Application for a conditional use permit shall be made upon a form provided by
the administrator. The application shall be supported by documents, maps,
plans, and other material containing the following information:
C. A descxiprion of the precise nature of the proposed use and its operating
characteristics, and measures proposed to make the use compatible with other
properties in the vicinity.
(emphasis added).
First, as stated above, any application for a conditional use permit must contain "a
descriprion of the precise nature of the proposed use and its operating characteristics". Ms.
Adam's applicarion, which consists of the Town's form Conditional Use Permit application and
is accompanied by correspondence dated March 25, 2010 and March 26, 2010 makes absolutely
no mention of the operating characteristics of the proposed business. For example:
Planning and Environmental Commission
Apri121, 2010
Page 3
➢ Will the business be operated to cater special funcrions, i.e., wedding receprions,
graduations, and other parties?
➢ Will pets be allowed?
➢ Will smoking be permitted in the house? If guests will be required to smoke outside, will
there be a designated smoking area, and where will that be in relation to the view of the
neighbors and public rights of way?
➢ What restricrions on guest vehicles will the business have? Will each guest room be
limited to one vehicle? Will guests be allowed to bring trailers or other recrearional
vehicles? Will there be a shuttle service to and from Eagle Counry airport?
➢ Will Ms. Adam be staffing the business to assist with cooking, cleaning, and other chores
to accommodate the 24 hour needs of the guests, or will she be performing these
acrivities herself?
➢ Will the business be operated seasonally or year-round? Will Ms. Adam be in residence
at all times when the business is operated? How will the business be operated when Ms.
Adam is unable—whether as a planned or unplanned absence—to be in residence?
Each of these specific operating characteristics creates a different impact on surrounding
properties. From the information available in the application, it is not possible to evaluate the
impact of the proposed use because the business operations are not described. For this reason
alone, the application fails to meet the required contents criteria of the VTC and may not be
approved at this time.
Second, the VTC provisions require that Ms. Adam also describe measures proposed to
make the use compatible with other properties in the vicinity. See VTC � 12-16-2. Ms. Adam's
March 25, 2010 correspondence makes no mention of the impacts her proposed use will have
on surrounding properties. She writes only: "The use is consistent �vith the short term rental of
many of the properries on Forest Road, including the timeshare/interval ownership of the
adjacent property at 745 Forest Road. The large, two driveway entrance driveway will provide
off-street parking for the needs of guests." This statement turns a blind eye to the impacts of
the proposed use on her neighbors.
Wliile VTC � 12-14-18(B)(1) appears to require only a total of three (3) off street parking
spaces for the proposed use,' Ms. Adam's parking plan lies at the heart of why the proposed use
is inconsistent with the neighborhood and will have a detrimental impact on surrounding
� Note that this requirement is actually less parking than what is required by VTC � 12-10-10(B) for
single-family dwellings with a gross residential floor area of 4,000 to 5,500 square feet. Under the
current zoning regulations, the properry is required to have at least four (4) parking spaces.
Planning and Environmental Commission
Apri121, 2010
Page 4
properties and on the character of the neighborhood. Ms. Adam states in her March 25, 2010
correspondence that "The home has a two (2) car attached garage. The driveway provides off-
street parking for 5 additional vehicles."' It is not clear from the application how these fi�re
spaces have been calculated.
In maintauung the compatibility with neighboring properries, the particular
characteristics of a site are important. It is not enough to just have the required number of
spaces; it is important to understand how these spaces relate to the neighbors and to those
within the public way. All of Ms. Adam's parking is located just feet off Forest Road, and has
no view mirigation whatsoever. These photographs were recently taken from my client's
driveway:
Pl,��t<� l: Photo 2:
�'� ;
Photo 3:
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Photo 4:
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z In particular, Ms. �dam's application is not clear whether two (2) of the five (5) outdoor spaces are
actually behind the garage spaces. As evidenced by the photographs, the parking is currently used in this
manner.
Planning and Environmental Commission
Apri121, 2010
Page 5
➢ As you can see, the outdoor off-street parking where Ms. Adam proposes to park up to
five (5) vehicles is separated from Forest Road only by a small island covering only about
one-half the length of the drive with a few boulders and no apparent landscaping. Under
the Town's existing Development Standards, all landscaping
shrubs/perennials/annuals/etc. must be located a minimum of five feet from the edge of
the public road, and all permanent obstructions must be located a muumum of ten feet
from the edge of the public road. See VTC � 14-3-2, Table 3. Given both the site
constraints as well as the existing incomparibility with Town Development Standards, it
is not practical to add landscaping or walls to mitigate the visual impact of parking so
close to the public road.
➢ Even with a small vehicle, the parking area in front of the two garage doors is barely
sufficient in length to enable the car to clear the Forest Road right of way. In accordance
with VTC � 14-3-2(F) ("Locarion") parking spaces "must be entirely within lot lines and
shall not encroach into any public right of way. No parked vehicle shall overhang any
public right of way." Furthermore, the Town's current Development Standards require
five feet horizontal clearance between any parking space and the edge of a public street.
See VTC 14-3-1 Table 2("Minimum Standards, Residenrial Access and Parking
Standards"). Clearly even small vehicles overhang into the public right of way, such that
the areas behind the garages are not legal parking spaces.
➢ The width of the thru drive will not enable a car parked in the middle of other vehicles
to get out without moving the other vehicles. When Nancy's Nest has a full house,
guests will have to move their vehicles to accommodate the comings and goings of Ms.
Adam, her two tenants, and the other guests of the business. This will not only make
for a bad business, it will generate additional vehicle movements that will impact adjacent
properries. It is unrealisric to think that this parking challenge will not frequendy lead to
vehicles parked on Forest Road, unpeding traffic. VTC � 14-3-2(r'�) ("Vehicle
Maneuverability") requires that parking spaces be independently accessible ("i.e., required
parking for 1 unit cannot block access for parking for another unit on site"). In
accordance with this defuurion, it appears that Ms. Adam's only legal parking spaces are
the two in the garage and three (two cars nose-in on the downhill side of the drive, to the
uphill of the garage, and one at the entrance on the uphill curb cut) in the drive.
One of the criteria of approval of a conditional use permit is that the application be
consistent with the purposes of Vail's zoning regulations.3 The relevant specific stated purposes
of the zoning regulations are:
➢ "To promote adequate and appropriately located off street parking..." See VTC
� 12-1-1(B)(4).
➢ "To conserve and maintain established community qualities and economic
values." See VT'C � 12-1-1(B)(5)
; See VTC � 12-16-1
Planning and Environmental Commission
Apri121, 2010
Page 6
➢ "To encourage a hatmonious, convenient, workable relationship among land
uses, consistent with municipal development objecrives." See VTC � 12-1-1(B)(6)
Toward these and other ends, the Town has enacted the regularions set forth in Tide 12 of the
VTC. Tide 12, Chapter 10 of the Town's zoning regularions prescribes that:
[O]ff street parking ... areas are to be designed, maintained and operated in a
manner that will ensure their usefulness, protect the public safety, and where
�uropriate, insulate surrounding land uses from their im�acts. In certain
districts, all or a portion of the parking spaces prescribed by this chapter are
required to be within the main building in order to avoid or to minimize the
adverse visual impact of large concentrations or [sic.] exposed parking. .."
See VTC � 12-10-1 (emphasis added).
The parking proposed by Ms. Adam will dramarically increase the adverse visual unpact
of exposed parking on this established neighborhood. From the public right of way and to all
adjacent properry owners who look onto Ms. Adam's property, Nancy's Nest will be a parking
lot alongside Forest Road. As the photos demonstYate, Ms. �dam's e�sting parking is not
consistent with the other driveways along Forest Road. Other private drives have a more
narrow entrance into the individual lot, and parking is located more distant from the road and
visually screened by grading or landscaping from full view from the public right of way. In
contrast, Ms. Adam's parking runs the length of her driveway and has little or no shielding from
public view. Every vehicle that parks at Nancy's Nest will be clearly seen by all neighbors and
anyone entering Forest Road from the west entrance. The level of outdoor parking resulting
from Ms. Adam's proposed business use will adversely impact this neighborhood.
Other than stating that her garage and drive are capable of holding a total of seven (7)
cars and can therefore sarisfy "the needs of the guests", Ms. Adam's applicarion omits any
mention of adverse parking impacts on surrounding properties, as though there will be no
impact. Five vehicles parked outside4 is incompatible and inharmonious with the adjacent
properties in this premier Vail neighborhood.
At a minimum, Ms. Adam's applicarion fails to meet the application requirements of
VTC � 12-16-2(C). More importandy, however, the use for which Ms. Adam seeks approval will
necessarily create impacts discordant with the characteristics of the Forest Road neighborhood
and the purposes of Vail's zoning regularions. The physical characteristics of the lot do not
appear to offer any practical mitigation opportunities to eliminate the visual impacts of high
density outdoor parking at 765 Forest Road. VTC � 12-16-1 requires: "WheYe condirions
4 With Ms. Adam and her two tenants occupying the property, when the three (3) bedrooms of the bed
and breakfast are occupied, there are likely to be six (6) vehicles parked at the property, not including the
vehicles of anyone Ms. Adam may hire to help her staff Nancy's Nest far cleaning, cooking, etc. That's a
lot of cars. If the operating characteristics of the business are such that it will also include hosting parties
and other events, it is even more cars.
Planning and Environmental Commission
Apri121, 2010
Page 7
cannot be devised to achieve these objectives, applications for conditional use permits shall be
denied."
THE PROPOSED USE VIOLATES THE
PROTECTIVE COVENANTS OF VAIL VILLAGE, SIXTH FILING
Notwithstanding the failure of the applicarion to sarisfy the requirements of the VTC,
and while not a matter even appropriately interpreted by this Board, Ms. Adam's proposed
business use of her home violates the land use provisions of the Protective Covenants of Vail
Village, Sixth Filing recorded June 5, 1964 in Book 183 at Page 1, a copy of which is attached.
As the ALTA Owner's Policy Number 0-9701-64239 with an effecrive date of October 6, 1998
submitted by Ms. Adam with her applicarion idenrifies in Exceprion No. 9, these covenants
encumber her property. Secrion 2 of these covenants provides that "[t]he numbered Lots shall
be used only for private residences, each to contain not more than two separate apartments"
(emphasis added).
Ms. Adam seeks a business use for her residence. If allowed, Ms. Adam's single-family
residence will accommodate her bedroom, a lock-off unit for her full time tenants, and three
separate guest rooms available for nighdy rentals. It is a business operated amidst some of Vail's
premier residences. Absent an amendment to the covenants, the proposed use is a clear
violarion of the subdivision's protecrive covenants to which Ms. Adam is obliged to comply.
Should Ms. Adam seek to amend these covenants to permit the use, a clear amendment
procedure with which she may comply is provided.
In the event this Commission deems it appropriate to approve the applicarion, I urge you
to approve the application subject to the following condition:
Applicant shall comply with the requirements of the Protective Covenants
of Vail Village, Sixth Filing, as the same may be applicable.
CONCLUSION
In conclusion, Ms. Adam's application to you for approval of a three (3) bedroom bed
and breakfast in the home she currently shares with another couple is a use that is incomparible
with the character of the neighborhood. The purpose of Vail's zoning regulations is to promote
the coordinated and harmonious development of the Town in a manner that will conserve and
enhance its natural environment and its established character as a resort and residential
community of high quality. The parking impacts and the potential operating characteristic
impacts on the Forest Road neighborhood are severe. As demonstrated, the proposed use is not
harmonious with the neighborhood. The physical characteristics of the individual site are such
that it appears that the known impacts are incapable of mirigarion. Because the applicarion fails
to meet the required criteria of the VTC, and because the proposed use is incompatible and
inharmonious with the Vail communiry, with the use and established character of the
neighborhood, and with the purposes of the Vail zoning regularions, on behalf of my clients, I
Planning and Environmental Commission
Apri121, 2010
Page 8
request that you deny the applicarion. Should you approve the application in spite of these
impacts, I request that your approval be subject to condition stated above regarding compliance
with the Vail Village, Sixth Filing covenants.
Yours very truly,
sn�� J. B�R nc
�:���� �% ;��d.���~
Sarah J. Baker, Esq.
SJB/sw
Enclosure
cc: Cliff and Bonne Illig
Ms. Nancy Adam
Monogram Real Estate
General Communications, Inc.
Jose and Patricia Mas
Vail Town Council Attachment: B
Nancy Adam
d/b/a Lionshead Bed & Breakfast, LLC
765 Forest Road, Unit A
Vail, CO 81657
970-476-5383
NSAVaiI@aoLcom
June 4, 2010
To: Town Council, Town of Vail
Re: Response Appeal of Approval of Conditional Use Permit Issued to Nancy Adam on
April 26, 2010 for Bed and Breakfast Operations
This letter is submitted in response to the appeal filed by Bonnie and Clifford Illig to the
conditional use permit approved by the Planning and Environmental Commission
("PEC") to allow me to operate a bed and breakfast at my residence located at 765 Forest
Road, Unit A, Vail, CO.
The Illigs' attorney submitted a letter dated April 21, 2010 opposing the application.
Neither the Illigs nor their attorney attended the PEC hearing on April 26, 2010. Their
appeal does not raise any new issues or facts. Rather, their appeal merely resubmits their
attorneys' letter dated April 21, 2010. The Illigs' appeal asks the Town Council to
disregard the recommendations of the Community Development Department and the
findings of the PEC and, instead, deny the conditional use permit application that
received unanimous approval. I request that the Town Council affirm the
recommendation made by the Community Development Department and the approval
granted by the PEC.
The Community Development Department reviewed the application, the Illigs' letter
dated April 21, 2010, and my response letter dated April 21, 2010 (a copy of which is
enclosed) and recommended approval of the application, stating:
1. Staff believes this proposal is consistent with the development objectives of
the Town;
2. Staff does not believe the proposed use will negatively affect light or air,
distribution of population, transportation, or other public facility needs in
comparison to existing conditions;
3. The 1999/2000 approved remodel site plan contains 5 parking spaces--2 in the
garage and 3 in the horseshoe driveway; and
4. Staffdoes not believe the proposed use will negatively affect the character of
the area, including the scale and bulk of the proposed use in relation to
surrounding uses, in comparison to existing conditions.
See Community Development Department Memorandum dated Apri126, 2010, pp. 4-5, a
copy of which is submitted with this letter.
On April 26, 2010, the PEC did a site visit and conducted a hearing on the conditional
use application. The Town Planner discussed the issues raised in the Illigs' letter,
including the position of the Town Attorney that the PEC is not the proper forum to
address private covenant matters. The PEC balanced the Illigs' concerns with granting
approval of the application by issuing the permit for only 2 years, thus allowing the Town
and the PEC to revisit the matter if the use has an adverse affect on the neighborhood.
I have had a home on Forest Road since 1993, and have been a full time resident for the
past 6 years. I have never received a complaint concerning use of my home during the
past 17 years and there is no reason to think this use will change that positive pattern.
Many of the residences on Forest Road are used for short term rentals. The Town Code
does not regulate short term rentals like it does a bed and breakfast--a bed and breakfast
requires a conditional use permit ($650 fee), includes an inspection of the fire alarm
system ($400 cost incurred), requires the presence of the owner when there is a guest,
imposes minimum off street parking requirements, and limits the amount of the home that
can be used (maximum of 3 bedrooms and 900 s fl. No similar regulations exist for short
term rentals. The result is a bed and breakfast will have less impact on the neighborhood
than the unregulated short term rental use of other residences on the street.
The Illigs reside in Kansas. They own 3 homes on Forest Road, summarized below
based on information from the Eagle County Assessor's website:
Address Square Footage # of Bedrooms
706 B Forest Road 2,891 sf 4
796 Forest Road
798 Forest Road
Total
5,056 sf
3,366 sf
11,313 sf
4
13
# of Bathrooms
3.5
5.5
4.5
12 full + 3 half
It is unknown what use the Illigs make of these 3 homes, 13 bedrooms, and more than
11,300 sf of living space. Perhaps the Illigs oppose the bed and breakfast operation in
their attempt to curtail competition with the rental of their three (3) nearby homes.
After thoughtful consideration and due deliberation of this application, including the
matters raised in the Illigs' April 21, 2010 letter, the PEC voted unanimously to approve
this application. I respectfully reyuest the Town Council affirm the unanaimous approval
of this conditional use application.
Respectfully submitted,
/YQ/1'G� �G1QM'
Nancy Adam
d/b/a Lionshead Bed & Breakfast
765 Forest Road, Unit A
Vail, CO 81657
970-476-5383
NSAVail�i),aol.com
Apri121, 2010
Re: Conditional Use Permit Application for Bed and Breakfast
To: Town of Vail Planning and Environmental Commission
This follow up letter is sent to respond to some issues that have been raised concerning
the conditional use permit application to use my residence as a bed and breakfast for a
maximum of 3 bedrooms pursuant to § 12-14-18 of the Town of Vail Code.
Since my submittal, I discovered the original name is not available. I have registered the
trade name of "Lionshead Bed & Breakfast."
To clarify, the bed and breakfast will only be operated when I am in residence. I live
here full time so the business will be operational year round based on customer demand.
I will do the work myself so I do not anticipate hiring any employees. No more than 3
bedrooms will be used as part of this operation at any time keeping the residential load to
10 or fewer people. I will obtain the necessary TOV and state licenses when approved.
The parking plan for my residence that was approved when my home was rebuilt in 2000
provides for 2 parking spaces in the garage and 3 approved surface spaces in the
driveway. The tenants of the apartment under the garage use the west garage parking
space. If they need a second space, they park that car behind the west garage door. This
approach ensures that they control access to and from the west garage space.
I park in the east garage space. My bed and breakfast guests will park in the 3 surface
spaces approved in 1999. I anticipate having a key holder for the guests' car keys so that
vehicles can be rearranged if necessary.
The application is for permission to operate a bed and breakfast, not a special events or
catering business. I do not intend to rent out as a catering or special function operations.
I do not intend to rent to guests with pets (other than service dogs, if applicable).
Smoking is not permitted inside my residence by anyone.
My full time residency will provide supervision when a guest is present. This supervised
use will have less impact on the neighbors than we experience from the numerous short
term rental use of many homes on Forest Road. My presence will ensure that additional
occupants are not "snuck" into the home, late night parties do not occur, and that property
is properly maintained at all times.
Thank you for your consideration of this application,
�lancy Ffc(am, 'Oraner
:
1T?iVN OF VAfI, .
MEMBERS PRESENT
Michael Kurz
Luke Cartin
Henry Pratt
Bill Pierce
Sarah Paladino
Tyler Schneidman
Vail Town Council Attachment: C
HEARING RESULTS (IN PART)
PLANNING AND ENVIRONMENTAL COMMISSION
April 26, 2010
1:OOpm
MEMBERS ABSENT
David Viele
2. A request for the review of a conditional use permit, pursuant to Section 12-6D-3, Conditional
Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A/Lot
8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. (PEC100016)
Applicant: Nancy Adam
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Paladino SECOND: Cartin VOTE: 5-0-1 (Pierce recused)
CONDITIONS:
1. The approval of this conditional use permit shall expire on April 26, 2012.
Commissioner Pierce recused as he stated he had a conflict of interest on the application.
Rachel Friede made a presentation per the Staff memorandum.
Nancy Adam, applicant, added that the bed and breakfast use would have less impact than the
short term rental that was occurring on neighboring properties.
Commissioner Pratt stated he had a concern with how the parking spaces are configured and
the impact. He stated he lived in proximity to a short term rental and saw multiple cars at some
of these locations. He suggested a one or two year time frame be placed upon the use so that
any negative impacts could be used to evaluate the proposal moving forward.
Commissioner Paladino believed that the parking would not be an issue as the Town does not
permit parking in the street.
Commissioner Kurz stated that a two year period would be appropriate.
Nancy Adam clarified she didn't believe there would an increased likelihood for parking issues as
she could have multiple guests over regardless of having a bed and breakfast. However, she
added that parking on the street in not permitted under either circumstance as pointed out by
Commissioner Paladino. Ms. Adam inquired as to the process for extending the use if a two
year time period was imposed.
Warren Campbell responded that at the conclusion of the two year period, the applicant could
apply for an administrative extension of the conditional use permit. The application would be
reviewed based upon the criteria and any negative impacts would be evaluated. He clarified for
the Commission that any administrative extension would be presented to the Commission to
affirm or call-up for review.
Page 1
Vail Town Council Attachment: D
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 26, 2010
SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12-6D-3,
Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at
765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth
details in regard thereto. (PEC100016)
Applicant: Nancy Adam
Planner: Bill Gibson
I. SUMMARY
The applicant, Nancy Adam, is requesting a conditional use permit to allow for a new
bed and breakfast at 765 Forest Road. Based upon Staff's review of the criteria outlined
in Sections VII of this memorandum and the evidence and testimony presented, the Staff
recommends the Planning and Environmental Commission approves this request
subject to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Nancy Adam, is proposing a bed and breakfast use in the primary unit
(Unit A) of the two-family residence located at 765 Forest Road. The applicant is
proposing to operate a three-bedroom bed and breakfast with a maximum occupancy of
10 guests. The applicant is proposing to operate the bed and breakfast in accordance
with the standards outlined in Section 12-14-18, Bed and Breakfast Operations, Vail
Town Code. The applicant describes the operation of the proposed bed and breakfast in
greater detail in her attached request.
Sarah Baker, on behalf of neighbors Cliff and Bonne Illig, 796 and 798 Forest Road,
submitted a letter dated April 21, 2010, outlining their concerns about the proposed bed
and breakfast. The applicant responded to Ms. Baker's letter with additional details
about the proposed operation of the bed and breakfast in a letter dated April 21, 2010.
Please note that Ms. Baker's letter references protective covenants for the Vail Village
6'h Filing. Staff and the Town Attorney have clarified with Ms. Baker that the Town of
Vail does not regulate, interpret, enforce, or resolve disputes concerning private
covenants or other similar civil agreements. Any issues related to these covenants are
not germane to the Town's review this conditional use permit application. '
A vicinity map (Attachment A), the applicanYs request (Attachment B), a partial copy of
the 1999/2000 approved site plan for the subject property (Attachment C), a letter from
Sarah Baker dated April 21, 2010, (Attachment D), and a letter from the applicant dated
April 21, 2010, (Attachment E) have been attached for reference.
III. BACKGROUND
The subject property was part of the original Town of Vail established in 1966. The
existing structure was constructed in 1967. The existing structure has been remodeled
several times. The most recent remodel occurred in 1999/2000.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12, Zoning Regulations, Vail Town Code (in part)
ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT
Section 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
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and fo maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
CHAPTER 12-14: SUPPLEMENTAL REGULATIONS (in part)
Section 12-14-18: Bed and Breakfast Operations: (in part)
A. Definition: See seciion 12-2-2 of this title for definition of "bed and breakfast".
8. Location and Criteria: Bed and breakfast operations may be allowed as a conditional
use in those zone districts as specified in this tit/e. If permitted as a conditional use
pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the
following requirements:
1. Off street designated parking shall be required as follows: one space for the
owner/proprietor plus one space for the first bedroom rented plus one-half ('/�j
space for each additional bedroom rented.
2. Enclosed trash facilities and regular garbage removal service shall be
provided.
3. Removal of landscaping for the provision of additional parking is strongly
discouraged.
4. Each bed and breakfast shall be allowed one residential "nameplate" sign as
defined and regulated by the town sign code'.
5. If a bed and breakfast operation shall use property or facilities owned in
common or jointly with other property owners such as parking spaces or a
driveway in duplex subdivision, by way of example, and not limitation, the written
approval of the other property owner, owners, or applicable owners' association
shall be required to be submitted with the application for a conditional use permit.
2
6. A bed and breakfast operation may short ierm rent separate/y up to three (3)
bedrooms or a maximum square footage of nine hundred (900) square feet of the
dwelling unit. Bed and breakfast operations shall only be permitted to
accommodate a"family" as defined in section 12-2-2 of this title.
CHAPTER 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subjeci to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be locaied properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in ihis
chapter is intended to assure compatibility and harmonious development between
conditional uses and surrounding properties in the Town at /arge. Uses listed as
conditional uses in the various districts may be permitted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the developmenf objectives of the Town and
will not be detrimental to other uses or properties. Where conditions cannoi be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
A. Factors Enumerated: Before acting on a conditional use permit application, the
planning and environmental commission shall consider the following factors with respect
to the proposed use:
1. Relationship and impact of the use on development objectives of the town.
2. Effect of the use on lighi and air, distribution of popu/ation, transportation
facilities, utilities, schoo/s, parks and recreation facilities, and other public
facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
4. Effect upon the character of the area in which the proposed use is io be
located, including the sca/e and bulk of the proposed use in relation to
surrounding uses.
5. Such other factors and criteria as the commission deems applicable to the
proposed use.
6. The environmenfal impact report concerning the proposed use, if an
environmental impact report is required by chapter 12 of this title.
V. SURROUNDING LAND USES AND ZONING
Current Land Uses Zonin
North: Gore Creek Stream Tract Natural Area Preservation
South: Residential Two-Family Primary/Secondary
East: Residential Two-Family Primary/Secondary
West: Gore Creek Stream Tract Natural Area Preservation
VI. ZONING ANALYSIS
Address: 765 Forest Road
Legal Description: Lot 8, Block 2, Vail Village Filing 6
Zoning: Two-Family Primary/Secondary District
3
VII.
Land Use Plan Designation: Low Density Residential
Current Land Use: Two-Family Residence
Geological Hazards: Gore Creek 100-Year Flood Plain
Site Standards
Bedrooms Rented:
GRFA Rented:
Parking (min):
Allowed/Repuired
3 bedrooms (max)
900 sq.ft. (max)
3 spaces
Proposed
3 bedrooms
705 sq.ft.
3 spaces (existing)
The applicant is not proposing any construction with this conditional use permit
application. There will be no changes to the Lot Area/Site Dimension, Setbacks, Height,
Density Control, Site Coverage, Landscaping and Site Development standards.
CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Bed and breakfast uses are allowed in the Two-Family Primary/Secondary District
subject to the issuance of a conditional use permit. There are no additions or
renovations to the existing two-family residence associated with this conditional use
permit request. The applicant is proposing to operate the bed and breakfast in
accordance with the requirements for Section 12-14-18, Bed and Breakfast Operations,
Vail Town Code. Therefore, Staff believes this proposal is consistent with the
development objectives of the Town.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The applicant is proposing to operate the bed
and breakfast in accordance with the requirements for Section 12-14-18, Bed and
Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed
bed and breakfast will negatively affect light or air, distribution of population,
transportation, facilities, utilities, schools, parks and recreation facilities, or other public
facility needs in comparison to existing conditions.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The Town's bed and breakfast standards
require one parking space for the owneNproprietor, one space for the first bedroom
rented, and one-half ('/z) a space for the two additional bedrooms rented, for a total of
three required parking spaces. There are 5 existing approved parking spaces on the
subject property. Two spaces within the existing garage and three within the existing
4
VIII
horseshoe driveway based upon the 1999/2000 remodel approved site plan. In practice,
two additional vehicles might be accommodated in the driveway at the front of the
garage. However, while not located within the actual street, much of this area is located
with the Town's street right-of-way property. Therefore, the driveway area in front of the
garage could not be counted toward the "required parking" calculation for the1999/2000
remodel or this bed and breakfast conditional use permit application.
The applicant is proposing to operate the bed and breakfast in accordance with the
requirements for Section 12-14-18, Bed and Breakfast Operations, Vail Town Code.
Therefore, Staff does not believe the proposed bed and breakfast will negatively affect
traffic with particular reference to congestion, automotive and pedestrian safety and
convenience, traffic flow and control, access, maneuverability, or removal of snow from
the street and parking areas in comparison to existing conditions.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
There are no additions or renovations to the existing two-family residence associated
with this conditional use permit request. The applicant is proposing to operate the bed
and breakfast in accordance with the requirements for Section 12-14-18, Bed and
Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed
bed and breakfast will negatively affect the character of the area in which the proposed
use is to be located, including the scale and bulk of the proposed use in relation to
surrounding uses, in comparison to existing conditions.
STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approves this request for the review of a conditional use permit, pursuant
to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast,
located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth
details in regard thereto. Staff's recommendation is based upon the review of the criteria
described in Section VII of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a
conditiona/ use permit, pursuant to Section 12-6D-3, Conditiona/ Uses, Vail Town
Code, fo allow for a Bed and Breakfast, /ocafed at 765 Forest Road, Unit A/Lot 8,
Block 2, Vail Village Filing 6, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section
memorandum to the P/anning and Environmental Commissio
2010, and the evidence and testimony presenfed, the
Environmenta/ Commission finds:
5
Vll of this Staff
n dated April 26,
P/anning and
1. The proposed conditional use permit amendment is in accordance with the
purposes of the Zoning Regulations and the Two-Family Primary/Secondary
District.
2. The proposed condiiional use permit and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety, or
we/fare or materially injurious to properties or improvements in the vicinity.
3. The proposed conditional use permit complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code."
IX. ATTACHMENTS
A. Vicinity Map
B. ApplicanYs Request
C. Archived 1999 Approved Site Plan
D. Sarah Baker letter dated 4/21/10
E. Applicant letter dated 4/21/10
[�
�
Adam Property
Unit A, Lot 8, 8/ock 2, Vail Village Sih Filing
(765 Forest Road)
-�- y� - �
Subject Property
� 0 25 50 �00 �� ���.,.M . ,.. . .� . . � .. � . �. . . . .....' �� t�ai�e.�,�i .�tuw i...,�.,.�
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" Attachment B
Nancy Adam
dib,'a Nancy's t�iest
765 Eorest Road, Unit A
Vail, CO 81657
970-476-5383
tiSAVai(!aaol.com
March 25, 2010
Re: Conditional Use Pennit Applicatian for Bed and Breakfast
To Town of Vail Planning and Environmental Commission
' =' '`` �" �
� �:� 1�=-; � s�i �
�■
�c�V11�i �� ����1..
The purpose of this application is ta obtain approval far a conditionat use permit to
accommodate guests in up to three (3) bedrooms in my residence located at 765 Forest
Road, Unit A, Vail, Colorado as a bed and breakfast business under the name of
"Nancy's Nest" pursuant to §12-14-18 of the Town of Vail Code.
I am the sole owner of the property so no Joint Property Owmer Approval Letter is
necessary. A copy of Stewart Title Insurance Company Title Insurance Policy No.
98016554-C6 issued October 6, 1998, including Schedules A and B, is submitted with
this application ta confirm owmership of the property.
I built my residence in 2000. Unit A is the primary unit consisting of approximately
5,000 square feet with 5 bedrooms and 6%2 bathrooms. The secondary unit is a one
bedroom, one bathroom unit that is rented on an annual basis to a local couple who live
and work year round in Vail (canstructian and at 1S` Bank}.
The hame has a two (2) car attached garage. The driveway provides aff-street parking
for 5 additional vehicles. Snow storage is not an issue since the driveway has a snowmelt
system.
There is an atfached and enclosed trash facility with �veekly garbage removal contracted
with Vail Honeywagon.
The use of my residence as a bed and breakfast operation is allowed as a conditional use
under the Code of the Town of Vail. The use is consistent with the short term rental of
many of the properties on Forest Road, including the timeshare/interval ownership of the
adjacent property at 745 Forest Road. The large, two entrance driveway will provide off-
street parking for the needs of the guests.
The location of my residence on Forest Road provides walking access to the ski mauntain
so there will be no additional demand on the public parking garages. It is a short walk to
the bus stop at the Vail Marriot to facilitate transportation around town or to the
transportation center.
Submitted with this application is a list identifying the adjacent property owners by name,
address, mailing address and legal description, along with stamped and addressed
envelopes to these property owners.
Please charge the $650 application fee to my VISA account number which I wili provide
by separate letter.
Please let me know if you require additional inforznation.
Thank you,
~-�� ',. �.�� � � �'"au ��
Nancy Adam,` wner
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FOREST ROAD (50 f�.`O.W.); �.�i?�,
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APPROVED �Y TH� �
TpWN AF VAIL -
DESIGN REVIEW BAARD i f ���� �� ��
OATE: 10 � 6 I 5 5 - ,_ .
PLANNER: . F' "v� • . : �.l�l��:: �p � 1'��°C�"
Apri121, 2010
BvEmail to bgibson�vailgov.com
Planning and Environmental Commission
Town of Vail
75 South Frontage Road West
Vail, Colorado 81657
RE: Application No. PEC100016
Application byNancyAdam for Conditional Use PermitApplication for
Bed and Breakfast
Dear Commissioners:
This letter is submitted on behalf of my clients, Cliff and Bonne Illig, the owners of 796
and 798 Forest Road. Cliff and Bonne live across Forest Road from Nancy r'�dam's residence.
In the application before you, Ms. Adam seeks your approval of a conditional use permit to
aperate a bed and breakfast business accommodating guests in up to three (3) bedrooms in her
home at 765 Forest Road. Because the impacts of the proposed use will be incomparible and
inharmonious with the neighborhood and with the purposes of the Town's zoning regularions in
a manner that is incapable of mitigarion, on behalf of the Illigs, I request that you deny Ms.
Adam's applicarion.
THE APPLICATION
Ms. Adam is the owner of a six (6) bedroom, seven and a half (7.5) bath single-farruly
residence backing to Gore Creek just uphill of where Forest Road and the South Frontage Road
intersect. Ms. Adam occupies the main portion of the home, and she rents a one (1) bedroom,
one (1) bathroom unit to a local couple. It appears that three people currently occupy the home
as their full-time residence, and would continue to do so if the application is approved.
In addirion to the e�cisting use, Ms. Adam seeks your approval to operate a three (3)
bedroom bed and breakfast, "Nancy's Nest" in the home. No details of the operaring
characteristics of the proposed business are provided in the application.
VAIL TOWN CODE CRITERIA
Ms. Adam's home is in the Two-Family Primary/Secondary Residenrial (I'S) District. In
accordance with � 12-6D-3 of the Town Code of the Town of Vail (" V7"C'), bed and breakfast
uses are permitted within the PS district, subject to issuance of a conditional use permit.
Sar.il� J. 13akcr P.C.
P.O. 13oa 1•1i, 191 1� l3card Crcck'l'rail, 1�:�1��:uds, Colora�lc� RIfi32 t: (J70) 30fi-1�2�1-2 i�: (�(iG) 597-'1�t3?3
Planning and Environmental Commission
April 21, 2010
Page 2
VTC � 12-16-1 recognizes that, because of their unusual or special characteristics,
conditional uses must be located appropriately throughout the Vail community in order to
ensure that the proposed use is compatible and harmonious with the Vail community, with
surrounding properties, and with the purposes of the Town's zoning regularions. VTC � 12-16-
2 sets forth the required contents of an application for a conditional use permit, and VTC � 12-
14-18 establishes further criteria relating to off street designated parking, trash facilities, signage,
and maximum square footage requirements.
Even if Ms. Adam's applicarion satisfies the minimum requirements of the VTC � 12-14-
18, the Planning and Environmental Coininission is not compelled to issue an approval of the
condirional use permit application. VTC � 12-14-18(f3) provides that "Bed and breakfast
operations maybe allowed as a conditional use in those zone districts..." (emphasis added).
This Commission must ulrimately decide if this business is appropriately located, and if
the use is compatible and harmonious with the neighborhood and the Town's character.
Because Ms. Adam's application seeks approval for a business use which, if approved, will have
a detrimental effect on surrounding properries and will be inconsistent with the neighborhood
and adjacent uses, I encourage you to deny the application.
THE APPLICATION DOES NOT SATISFY
THE CRITERIA OF THE VAIL TOWN CODE
Ms. Adam's application seeking your approval to operate a bed and breakfast business in
her home on Forest Road fails to satisfy the requirements of the VTC for two reasons. In
perrinent part, VTC � 12-16-2 ("Applicarion; Contents") provides as follows with respect to the
required contents of an application for a conditional use permit:
Application for a conditional use permit shall be made upon a form provided by
the administrator. The applicarion shall be supported by documents, maps,
plans, and other material containing the following information:
C. A description of the precise nature of the proposed use and its operating
characteristics, and measures proposed to make the use compatible with other
properties in the vicinity.
(emphasis added).
First, as stated above, any application for a conditional use permit must contain "a
description of the precise nature of the proposed use and its operating characteristics". Ms.
Adam's applicarion, which consists of the Town's fortn Condirional Use Permit application and
is accompanied by correspondence dated March 25, 2010 and March 26, 2010 makes absolutely
no mention of the operating characteristics of the proposed business. For example:
Planning and Environmental Commission
Apri121, 2010
Page 3
➢ Will the business be operated to cater special functions, i.e., wedding receptions,
graduations, and other parties?
➢ Will pets be allowed?
➢ Will smoking be permitted in the house? If guests will be required to smoke outside, will
there be a designated smoking area, and where will that be in relation to the view of the
neighbors and public rights of way?
➢ What restrictions on guest vehicles will the business have? Will each guest room be
limited to one vehicle? Will guests be allowed to bring trailers or other recrearional
vehicles? Will there be a shuttle service to and from Eagle County airport?
➢ Will Ms. Adam be staffing the business to assist with cooking, cleaning, and other chores
to accommodate the 24 hour needs of the guests, or will she be performing these
activities herself?
➢ Will the business be operated seasonally or year-round? Will Ms. Adam be in residence
at all times when the business is operated? How will the business be operated when Ms.
Adam is unable—whether as a planned or unplanned absence—to be in residence?
Each of these specific operating characteristics creates a different impact on surrounding
properties. From the information available in the application, it is not possible to evaluate the
impact of the proposed use because the business operations are not described. For this reason
alone, the application fails to meet the required contents criteria of the VTC and may not be
approved at this time.
Second, the VTC provisions require that Ms. Adam also describe measures proposed to
make the use comparible with other properries in the vicinity. See VTC � 12-16-2. Ms. Adam's
March 25, 2010 correspondence makes no mention of the impacts her proposed use will have
on surrounding properties. She writes only: "The use is consistent with the short term rental of
many of the properries on Forest Road, including the timeshare/interval ownership of the
adjacent property at 745 Forest Road. The large, two driveway entrance driveway will provide
off-street parking for the needs of guests." This statement turns a blind eye to the impacts of
the proposed use on her neighbors.
While VTC � 12-14-18(B)(1) appears to require only a total of three (3) off street parking
spaces for the proposed use,� Ms. Adam's parking plan lies at the heart of why the proposed use
is inconsistent with the neighborhood and will have a detrimental impact on surrounding
1 Note that this requirement is actually less parking than what is required by VTC � 12-10-10(B) for
single-family dwellings with a gross residential floor area of 4,000 to 5,500 square feet. Under the
current zoning regularions, the property is required to have at least four (4) parking spaces.
Planning and Environmental Commission
Apri121, 2010
Page 4
properties and on the character of the neighborhood. Ms. Adam states in her March 25, 2010
correspondence that "The home has a two (2) car attached garage. The driveway provides off-
street parking for 5 additional vehicles."z It is not clear from the application how these five
spaces have been calculated.
In maintaining the comparibility with neighboring properries, the parricular
characteristics of a site are important. It is not enough to just have the required number of
spaces; it is important to understand how these spaces relate to the neighbors and to those
within the public way. All of Ms. Adam's parking is located just feet off Forest Road, and has
no view mitigation whatsoever. These photographs were recendy taken from my client's
driveway:
Photo 1:
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2 In particular, IVfs. Adam's application is not clear whether two (2) of the five (5) outdoor spaces are
actually behind the garage spaces. As evidenced by the photographs, the parking is currendy used in this
manner.
Planning and Environmental Commission
April 21, 2010
Page 5
➢ As you can see, the outdoor off-street parking where Ms. Adam proposes to park up to
five (5) vehicles is separated from Forest Road only by a small island covering only about
one-half the length of the drive with a few boulders and no apparent landscaping. Under
the Town's e�sting Development Standards, all landscaping
shrubs/perennials/annuals/etc. must be located a minimum of five feet from the edge of
the public road, and all permanent obstructions must be located a minimum of ten feet
from the edge of the public road. See VTC � 14-3-2, Table 3. Given both the site
constraints as well as the e�sting incompatibility with Town Development Standards, it
is not pracrical to add landscaping or walls to mitigate the visual impact of parking so
close to the public road.
➢ Even with a small vehicle, the parking area in front of the two garage doors is barely
sufficient in length to enable the car to clear the Forest Road right of way. In accordance
with VTC � 14-3-2(F) ("Location") parking spaces "must be entirely within lot lines and
shall not encroach into any public right of way. No parked vehicle shall overhang any
public right of way." Furthermore, the Town's current Development Standards require
five feet horizontal clearance between any parking space and the edge of a public street.
See VTC 14-3-1 Table 2("Minimum Standards, Residential Access and Parking
Standards"). Clearly even small vehicles overhang into the public right of way, such that
the areas behind the garages are not legal parking spaces.
➢ The width of the thru drive will not enable a car parked in the middle of other vehicles
to get out without moving the other vehicles. When Nancy's Nest has a full house,
guests will have to move their vehicles to accommodate the comings and goings of Ms.
Adam, her two tenants, and the other guests of the business. This will not only make
for a bad business, it will generate additional vehicle movements that will impact adjacent
properties. It is unrealistic to think that this parking challenge will not frequendy lead to
vehicles parked on Forest Road, impeding traffic. VTC � 14-3-2(A) ("Vehicle
Maneuverability") requires that parking spaces be independendy accessible ("i.e., required
parking for 1 unit cannot block access for parking for another unit on site"). In
accordance with this definition, it appears that Ms. Adam's only legal parking spaces are
the two in the garage and three (two cars nose-in on the downhill side of the drive, to the
uphill of the garage, and one at the entrance on the uphill curb cut) in the drive.
One of the criteria of approval of a conditional use permit is that the application be
consistent with the purposes of Vail's zoning regularions.3 The relevant specific stated purposes
of the zoning regulations are:
➢ "To promote adequate and appropriately located off street parking..." See VTC
� 12-1-1(B)(4).
➢ "To conserve and maintain established community qualities and economic
values." See VTC � 12-1-1(B)(5)
3 See VTC � 12-16-1.
Planning and Environmental Commission
Apri121, 2010
Page 6
➢ "To encourage a harmonious, convenient, workable relarionship among land
uses, consistent with municipal development objectives." See VTC � 12-1-1(B)(6)
Toward these and other ends, the Town has enacted the regulations set forth in Title 12 of the
VTC. Title 12, Chapter 10 of the Town's zoning regularions prescribes that:
[O]ff street parking ... areas are to be designed, maintained and operated in a
manner that wi]1 ensure their usefulness, protect the public safety, and where
appropriate, insulate surrounding land uses from their impacts. In certain
districts, all or a porrion of the parking spaces prescribed by this chapter are
required to be within the main building in order to avoid or to minimize the
adverse visual impact of large concentrarions or [sic.] exposed parking..."
See VTC � 12-10-1 (emphasis added).
The parking proposed by Ms. Adam will dramatically increase the adverse visual impact
of exposed parking on this established neighborhood. From the public right of way and to all
adjacent property owners who look onto Ms. Adam's property, Nancy's Nest will be a parking
lot alongside Forest Road. As the photos demonstrate, Ms. Adam's existing parking is not
consistent with the other driveways along Forest Road. Other private drives have a more
narrow entrance into the individual lot, and parking is located more distant from the road and
visually screened by grading or landscaping from full view from the public right of way. In
contrast, Ms. Adam's parking runs the length of her driveway and has little or no shielding from
public view. Every vehicle that parks at Nancy's Nest will be clearly seen by all neighbors and
anyone entering Forest Road from the west entrance. The level of outdoor parking resulting
from Ms. Adam's proposed business use will adversely impact this neighborhood.
Other than stating that her garage and drive are capable of holding a total of seven (7)
cars and can therefore satisfy "the needs of the guests", Ms. Adam's application omits any
mention of adverse parking impacts on surrounding properties, as though there will be no
impact. Five vehicles parked outside4 is incompatible and inharmonious with the adjacent
properties in this premier Vail neighborhood.
At a minimum, Ms. Adam's applicarion fails to meet the applicarion requirements of
VTC � 12-16-2(C). More importantly, however, the use for which Ms. Adam seeks approval will
necessarily create impacts discordant with the characteristics of the Forest Road neighborhood
and the purposes of Vail's zoning regularions. The physical characterisrics of the lot do not
appear to offer any practical mirigarion opportuniries to eliminate the visual impacts of high
density outdoor parking at 765 Forest Road. VTC � 12-16-1 requires: "Where conditions
4 With Ms. Adam and her two tenants occupying the properry, when the three (3) bedrooms of the bed
and breakfast are occupied, there are likely to be six (6) vehicles parked at the properry, not including the
vehicles of anyone Ms. Adam may hire to help her staff Nancy's Nest for cleaning, cooking, etc. That's a
lot of cars. If the operating characterisucs of the business are such that it will also include hosung parties
and other events, it is even more cars.
Planrung and Environmental Commission
Apri121, 2010
Page 7
cannot be devised to achieve these objectives, applications for conditional use permits shall be
denied."
THE PROPOSED USE VIOLATES THE
PROTECTIVE COVENANTS OF VAIL VILLAGE, SIXTH FILING
Notwithstanding the failure of the applicarion to satisfy the requirements of the VTC,
and while not a matter even appropriately interpreted by this Board, Ms. Adam's proposed
business use of her home violates the land use provisions of the Protective Covenants of Vail
Village, Sixth Filing recorded June 5, 1964 in Book 183 at Page 1, a copy of which is attached.
As the ALTA Owner's Policy Number 0-9701-64239 with an effective date of October 6, 1998
submitted by Ms. Adam with her applicarion idenrifies in Exceprion No. 9, these covenants
encumber her property. Secrion 2 of these covenants provides that "[t]he numbered Lots shall
be used only for private residences, each to contain not more than two separate apartments"
(emphasis added).
Ms. Adam seeks a business use for her residence. If allowed, Ms. Adam's single-family
residence will accommodate her bedroom, a lock-off unit for her full time tenants, and three
separate guest rooms available for nightly rentals. It is a business operated amidst some of Vail's
premier residences. Absent an amendment to the covenants, the proposed use is a clear
violation of the subdivision's protective covenants to which Ms. r,dam is obliged to comply.
Should Ms. Adam seek to amend these covenants to pernzit the use, a clear amendment
procedure with which she may comply is provided.
In the event this Commission deems it appropriate to approve the applicarion, I urge you
to approve the application subject to the following condition:
Applicant shall comply with the requirements of the Protective Covenants
of Vail Village, Sixth Filing, as the same may be applicable.
CONCLUSION
In conclusion, Ms. Adam's application to you for approval of a three (3) bedroom bed
and breakfast in the home she currently shares with another couple is a use that is incompatible
with the character of the neighborhood. The purpose of Vail's zoning regulations is to promote
the coordinated and harmonious development of the Town in a manner that will conserve and
enhance its natural environment and its established character as a resort and residential
community of high quality. The parking impacts and the potential operating characteristic
impacts on the Forest Road neighborhood are severe. As demonstrated, the proposed use is not
harmonious with the neighborhood. The physical characteristics of the individual site are such
that it appears that the known impacts are incapable of mitigation. Because the application fails
to meet the required criteria of the VTC, and because the proposed use is incomparible and
inharmonious with the Vail community, with the use and established character of the
neighborhood, and with the purposes of the Vail zoning regularions, on behalf of my clients, I
Planning and Environmental Commission
April 21, 2010
Page 8
request that you deny the application. Should you approve the application in spite of these
unpacts, I request that your approval be subject to condirion stated above regarding compliance
with the Vail Village, SiYth Filing covenants.
Yours very truly,
s� J. B�R Pc
:��a11 � G�a�-e.r
�
Sarah J. Baker, Esq.
SJB/sw
Enclosure
cc: Cliff and Bonne Illig
Ms. Nancy Adam
Monogram Real Estate
General Communicarions, Inc.
Jose and Patricia Mas
Nancy Adam
. dib%a Lionshea�l 13ed & Breakfast
765 Forest Road, Unit A
Vail, CO 81657
970-=47G-5383
\S:1Vail maol.com �� �
April 2l, 2010
Re: Conditional Use Permit Application foi• Bed at�d 13reakfast
To: Town of Vail Planning and Environmental Commission
This follow up letter is sent to respond to some issues that have been raised concerning
the conditional use permit application to use iny residence as a Ued aud breakfast for a
maximum of 3 bedrooms pursuant to § 12-14-18 of the Town of Vail Code.
Since my submittal, I discovered the original name is not available. 1 have registered the
trade name of "Lionshead Bed & Breakfast."
To clarify, the bed and breakfast will only be o�erated when I am in residence. 1 live
here full time so the business wili be operational year round based on customer demand.
I will do the work myself so [ do not anticipate hiring any employees. No more than 3
bedrooms will be use�J as part of this operation at any time keeping tlae residential load to
10 or fewer people. ..' will obtain the necessary TOV and state licenses when approved.
The parking plan for my residence that was a�proved �vhe�l my l�ome �i�as rebuilt in 2000
provides for 2 parking spaces in the garage and 3 approved surface spaces in the
driveway. The tenants of the apartment under the garage use the west garage parking
space. If they need a second space, they park that car behind the ��-est gat•age door, This
approach ensures that they control access to and from tile �vest gara�e space.
I park in the east garage space. My bed and breakfast guests will park in the 3 surface
spaces approved in 1999. I anticipate having a key holder for the guests' car keys so that
vehicles can be rearranged if necessar}�.
The application is for permission to operate a bed and breakfast, not a specia[ events or
catering business. I dc, not intend to rent out as a catering or special function operations.
I do not intend to rent to guests with pets (other than service dogs, if applicable).
Smoking is not permitted inside my residence by a►lyotze.
My full time residency will provide supervision when a guest is present. Tlzis supervised
use will have less impact on the neighbors than we experience from the numerous short
term rental use of many homes on Forest Road. M5� presence will ensure that additional
occupants are not "snuck" into the home, late night parties do not occui•, and that property
is properly maintained at all times.
Thank you for your consideration of this application,
lJancy Adam, �Owner
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THIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in
accordance with Section 12-3-3, Vail Town Code, on Tuesday, June 15, 2010, at 6:00 PM in the
Town of Vail Municipal Building, in consideration of:
ITEM/TOPIC:
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and
�Environmental Commission's approval of a request for a conditional use permit, pursuant to Section
12-6D-3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest
Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto.
(PEC100016)
Appellant: Cliff and Bonnie Illig, represented by Sarah J. Baker, Esq.
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection during
regular 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.
LIST OF NAMES AND ADDRESSES
OF ALL OWNERS OF PROPERTY WHO ARE THE SUBJECT OF THE APPEAL AND
ALL ADJACENT PROEPRTY OWNERS
A�t�ellant:
Name:
Mailing Address
Address in Vail:
Parcel Number:
Situs r,ddress:
Legal Description
Clifford W. and Bonne A. Illig
11504 Pawnee Circle
Leawood, Kansas 66211
796/798 Forest Road
2101-072-11-034, 2101-072-11-033
796/798 Forest Road
Lots 13E and 13W, Block 1, Vail Village Filing 6
A�nlicant / Property Owner:
Name: Nancy Adam
Mailing Address: 765 Forest Road, Unit A
Vail, Colorado 81657
Address in Vail: 765 Forest Road
Parcel Number: 2101-072-10-007
Situs Address: 765 Forest Road
Legal Descriprion: Lot 8, Block 2, Vail Village Filing 6
Adjacent Property Owners:
Name:
Mailing Address:
Parcel Number:
Situs Address:
Legal Descriprion:
Name:
Mailing Address
Address in Vail:
Parcel Number:
Situs Address:
Legal Description:
Town of Vail
75 Soutl� Frontage Road West
Vail, Colorado 81657
2101-072-18-002
None Provided
Tract B, Vail Lionshead Filing 3
Monogram Real Estate
11101 W 120t'' Avenue, Suite 300
Broomfield, Colorado
745 Forest Road, Units A and B
2101-072-10-015, 2101-072-10-016
745 Forest Road, Units A and B
Lot 7, Block 2, Vail Village Filing 6
Name:
Mailing Address
Address in Vail:
Parcel Number:
Situs Address:
Legal Descriprion
Name:
Mailing r�ddress:
Address in Vail:
Parcel Number:
Situs r�ddress:
I.egal Description:
Name:
Mailing Address:
Address in Vail:
Parcel Number:
Legal Descriprion:
General Communications Inc.
Attn: A. Emmet Stephenson, Jr.
Post Office Box 1224
Englewood, Colorado 80121
756 Forest Road
2101-072-11-012
756 Forest Road
Lot 12, Block 1, Vail Village Filing 6
Brian Deevy & Caryn Ostergard
1 Litderidge Lane
Englewood, Colorado 80110
736 Forest Road, Unit D
2101-072-11-018
736 Forest Road, Unit D
Lot 11, Block 1, Vail Village Filing 6
Jose & Patricia Mas
8550 Old Cuder Road
Miami, Florida 33143
736 Forest Road, Unit C
2101-072-11-017
Lot 11, Block 1, Vail Village Filing 6
++************************++******************+******************+++**************+********«
TOWN OF VAIL, COLORADOCopy Reprinted on 01-14-2013 at 16:40:42 O1/14/2013
Statement
**********************+*********************�**********************************************�
Statement Number: R100000227 Amount: $650.00 03/29/201010:57 AM
Payment Method:Credit Crd Init: JLE
Notation: NANCY ADAM
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Permit No: PEC100016 Type: PEC - Conditional Use
Parcel No: 2101-072-1000-7
Site Address: 765 FOREST RD VAIL
Location: UNIT A
Total Fees: $650.00
This Payment: $650.00 Total ALL Pmts: 5650.00
Balance: $0.00
********************************************************************************************
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------------- ------------------------------ ------------
PV 00100003112500 PEC APPLICATION FEES 650.00
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