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HomeMy WebLinkAboutPEC100016 Appeal�� i � '1 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 � � � � V � 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 Ec � o00 ��� YoVC�-� o� C o� c� ��-i o�oJ U s c �c.r v►^i �- -� f�Q cc� � 3 r ca.l�.f'c�s � I� AD� � C o�..v�.�. � �J c�.Vl C V 51'10-1J � f o ja c� O�v� 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: re5� lZ�c� 13Et �3w � 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 —'� t — G 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: �. '�.��� � � � �� � � , ,a .. � � � � .��, r� � ��,� `� � �� �<� � .. a � "` � ��� � �° � � � � � �����.,-: � Photo 3: Photo 4: �". � ,��,� °�� `� � ' ���: � �� r. � m �� � �� .. ���� . � .. �.� �� . � a • � � � �.:...�. �����.. �� ,��` �� � � � �� .� � �, �> � :, �� w ._, � �'� 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: �� � ° `�� ��. _ � �= z, ��� �:a�� ��.. Photo 4: � ��. :���� � �...._. �,..0 �� ������� � . 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...,�.,.� D � � d � � 3 � � � D " 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. 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E ! �,'e t � ���t�t �� �����.._ ....,._..3 A203 ��� c � o� c 3� ��� e� �� �. � �,-�'i -� ' �_,.�, � ,—�.�.;, ���- •'�� ���t� �-�,�:� w� �� R)UtJD .Pit�- � �RE7 — �EAS]iC CAP [S: N0, 2183 — ; . _.. ; .�. : ��ze�.r � '� �'YAd+� � �: � FOREST ROAD (50 f�.`O.W.); �.�i?�, . � �+�tr a�+v.� 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: ��, ' ,. � «�� � � �� ��r�. �.«�� " ; . � � -:�,. �, ��� ���y ��:ih. 4� � � � �� � + L .�ane ..� �sA � � 1 y M� � 4# .i'4. �4x �F�F� .1, r +:a!+' x ��. ,� � ,xr�',, . h..,:� � p : #`_:�. S s {� + m i S �";�N, Photo 3: � ,,,,p�MM J� w:.r � i dRJr # Y r� ,� s � ', . .gj � �f i !�# �40 3� ( W�f!pqp�qy. � ��.'.h Jj(7 Y.1 1fC �'u � S l � . Photo 2: y �M"t S, f. F �dMM« � i 1 ., :"w.i \ Photo 4: KY_ ,�� , l d ! �O` ;� � j�� �; ` � � "'�a T X � � I e `� � �� ' 7 � `?�F '�WS e � i T�/+ Mke . ":'T . '� L i '� . �� i ai p�y pY �" �' ^� .9 . �� . '_..1� . �I���+1M I" � ��# � i�,=�kx �'�".�� i !i. ... ,�,,.._._ ���� `� �� :`r� ���" , �i � � � � � s.. �'�wr �°" jz '� � ,_ �,� ,��av.x"' � �ry�� �, , r � ��� �r Z ;.�.� �Y�MI � � �,. .p � �.. . �`�;,� " �:� k i� 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 �� `� , ��1 ' r���� �' �� 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 ----------------------------------------------------------------------------- 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 -----------------------------------------------------------------------------