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HomeMy WebLinkAboutPEC setback criteria for housing district_022508Solar Vail Side setback Variance Request For the (H) Housing Zone District Whereas, Section 12-6I-5 of the Town of Vail Town Code provides that variations to the 20’ side setback standard may be approved during the review of a development plan, and, Whereas, the existing side setback on the west side of the Solar Vail property is shown as 15’, and, Whereas, the applicant is seeking approval to maintain this 15’ side setback, and, Whereas, Section 12-6I-5 requires the PEC to evaluate compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. The applicant herein presents their response to the above criteria: A. As the requested side setback of 15’ is existing; no buildings, riparian areas, geologically sensitive or environmentally sensitive areas are negatively impacted by this request. B. The proposed side setback of 15’ has little effect on the availability of light, air and open space. The shadow studies indicate that there is adequate separation between the proposed Solar Vail building and the adjacent School District gymnasium which is built into the hillside and does not rely on it’s east elevation for light and air to the gymnasium space. C. The proposed 15’ side setback and the continuing use of Solar Vail for EHU’s is compatible with the neighboring gymnasium. The gymnasium is accessed from it’s own site, primarily during school hours, and the ehu’s will be primarily occupied at nights and on weekends when the school is vacant. D. The buildable area of the Solar Vail lot is severely restricted by the 40% slope behind the proposed building (already been somewhat disturbed by the existing building) and the utility setbacks to the east, south and southwest. This probably explains why a variance was granted to reduce the west side setback to 15’ in the first place. The design of the proposed building respects the limitations imposed by these constraints and looks to the west side setback for opportunities to increase the number of EHU’s and parking spaces on the site. The design of this building assumed that the existing side setback of 15’ would be allowed. There are no hardships associated with keeping the 15’ setback but expanding it to 20’ would deprive the TOV of additional ehu’s on this site and the parking that goes with it.