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HomeMy WebLinkAboutPEC110016 memo MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 14, 2011 SUBJECT: A request for the review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the setback, located at 400 East Meadow Drive, Unit 4 (Tyrolean Inn)/Part of Tract B, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110016) Applicant: Judith and Michael Lacher, represented by Pierce Architects Planner: Rachel Dimond SUMMARY The applicants, Judith and Michael Lacher, represented by Pierce Architects, are requesting a setback variance to allow for an addition into the rear setback for Tyrolean Inn, Unit 4. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A), photographs (Attachment B), and proposed architectural plans (Attachment C) are attached for review. II. DESCRIPTION OF REQUEST The applicants, Judith and Michael Lacher, represented by Pierce Architects, are requesting a variance to facilitate the construction of a 250 square foot addition to infill a portion of their existing balconies. The proposed addition is entirely in the rear setback, and projects 12 feet into the 20 foot setback area, resulting in an 8 foot setback. Since the proposed addition is located above existing lower levels of the Tyrolean Inn, there is no change to the existing site coverage or landscape area calculations associated with this proposal. The existing Tyrolean Inn is legally non-conforming in regard to the density (GRFA) and setback standards of the High Density Multiple-Family District. Since the Tyrolean Inn are legally non-conforming in terms of density, the applicants are utilizing the “250 Ordinance” additional GRFA (gross residential floor area) provision of the Vail Town Code to facilitate this addition. Unit 4 is located on the second above-grade level of the Tyrolean Condominium building with exterior walls on the south and east elevations. The proposed addition will create a new office and add floor area to the existing living room. Because there is no floor area above the proposed addition, the applicant is proposing a shed roof over the addition. The existing roof is wood shake, and because this material is not permitted, the proposed shed roof will utilize DaVinci shake, which is permitted and considered compatible with the existing wood shake. III. BACKGROUND The subject property was part of the Original Town of Vail that was established in 1966. In 1968, the Blue Cow Restaurant was constructed on the southern portion of the subject property. In 1980, the Tyrolean Inn was constructed (within the south and east setbacks) and attached to the existing “Blue Cow” restaurant structure. On May 10, 2004, a variance was granted to allow the floor area of the former restaurant to be converted into gross residential floor area (GRFA). On July 26, 2004, a setback variance was granted to allow for exterior alterations to Unit 9. On May 9, 2005, a setback variance was granted for a balcony infill 250 addition to Unit 6. On May 9, 2005, design review approval was granted for “interior conversion” additions to the subject Unit 7. On January 2, 2007, setback variances were granted for balcony infill 250 additions to Units 3, 5, and 8. On February 28, 2011, a setback variance was granted for a balcony infill 250 addition to Unit 7. IV. APPLICABLE PLANNING DOCUMENTS Town of Vail Land Use Plan (in part) CHAPTER II, LAND USE PLAN GOALS / POLICIES (in part) 1. General Growth/Development (in part) 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential (in part) 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. Vail Village Master Plan (in part) GOAL 1. Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1.1: Implement a consistent development review process to reinforce the character of the Village. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.4: Recognize the “historic” importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1.4.1: The historical importance of structures, landmarks, plazas and other similar features shall be taken into consideration in the development review process. Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. Policy 1.4.3: Identification of “historic” importance shall not be used as the sole means of preventing or prohibiting development in Vail Village. Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12-6H: HIGH DENSITY MULTIPLE FAMILY DISTRICT (in part) 12-6H-1: Purpose: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. 12-6H-6: Setbacks: The minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). CHAPTER 12-15: GROSS RESIDENTIAL FLOOR AREA (in part) 12-15-5: Additional Gross Residential Floor Area (250 ordinance): A. Purpose: The purpose of this section is to provide an inducement for the upgrading of existing dwelling units which have been in existence within the town for a period of at least five (5) years by permitting the addition of up to two hundred fifty (250) square feet of gross residential floor area (GRFA) to such dwelling units, provided the criteria set forth in this section are met. This section does not assure each single-family or two-family dwelling unit located within the town an additional two hundred fifty (250) square feet, and proposals for any additions hereunder shall be reviewed closely with respect to site planning, impact on adjacent properties, and applicable town development standards. The two hundred fifty (250) square feet of additional gross residential floor area may be granted to existing single-family dwellings, existing two-family and existing multi-family dwelling units only once, but may be requested and granted in more than one increment of less than two hundred fifty (250) square feet. Upgrading of an existing dwelling unit under this section shall include additions thereto or renovations thereof, but a demo/rebuild shall not be included as being eligible for additional gross residential floor area. CHAPTER 12-17: VARIANCES (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. V. SITE ANALYSIS Address: 400 East Meadow Drive, Unit 4 Legal Description: Part of Tract B, Block 5, Vail Village Filing 1 Zoning: High Density Multiple-Family District Land Use Plan Designation: Village Master Plan Current Land Use: High Density Residential Development Site Size: 16,039 sq. ft. (0.368 acres) Hazards: None Development Standard Allowed/Required Existing Proposed Density, building (max): 9 DUs 9 DUs no change Setbacks (min): Front (west): 20 ft. 1 ft. no change Rear (east): 20 ft. 2 ft. 8 ft.* Side (north): 20 ft. 15 ft. no change Side (south): 20 ft. 6 ft. no change Height (max): 48 ft. 48 ft. no change GRFA, building (max): 12,190 sq.ft. 15,725 sq.ft. no change** Site Coverage, building (max): 55% 57% no change (8,821sq.ft.) (9,078 sq.ft.) Landscape Area, building (min): 30% 43% no change (4,812 sq.ft.) (6,981sq.ft.) Parking, total (min): 19 spaces 23 spaces no change *Lower levels of the existing building are closer to the property lines than the proposed addition. **The proposed addition utilized 250 square feet of the allowable “250 Addition.” VI. SURROUNDING LAND USES AND ZONING Current Land Use Zoning North: I-70/Hwy. 6 Right-of-Way N/A South: Gore Creek Stream Tract Natural Area Preservation District East: Multiple-Family Residential High Density Multiple-Family District West: Public Parking Structure General Use District VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Chapter 12-17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The eastern portion of Unit 4 currently encroaches approximately two feet into the 20 foot High Density Multiple-Family District rear setback. The proposed office and living room addition will reduce the Unit 4 rear setback from 18 feet to 8 feet. However, this proposed addition to Unit 4 encroaches less into the rear setback than the existing garage level below. The garage level of the Tyrolean Inn is located within two feet of the eastern property boundary. The Vail Mountain View Residences are located east of the Tyrolean Inn and is the neighboring property most directly affected by this proposal. Given the various existing encroachments of the Tyrolean Inn into the eastern setback and the presence of the existing screen or mask walls on the eastern façade of the building, Staff believes the visual impact of this proposal to the neighboring property will be minimal in comparison to existing conditions. Therefore, Staff finds this proposal will not negatively affect the other existing or potential uses and structures in the vicinity in comparison to existing conditions. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The Town of Vail has granted setback variance to Units 3, 5, 6, 7, 8, and 9 to facilitate additions and renovations to these units. The subject setback variance proposal will allow the applicant the ability to expand their unit in a similar manner to other units in the Tyrolean Inn. Staff believes the proposed variance is consistent with the goals and purposes of the Town of Vail Land Use Plan, Vail Village Master Plan, and the High Density Multiple-Family District identified in Section IV of this memorandum. Therefore, Staff finds the proposed relief from the setback regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposed variance will facilitate an addition in the rear setback area that will not alter population; will not increase the required number of parking spaces; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Therefore, Staff finds the proposed variance conforms to this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the setback, located at 400 East Meadow Drive, Unit 4 (Tyrolean Inn)/Part of Tract B, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission approves the applicants’ request for a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the setback, located at 400 East Meadow Drive, Unit 4 (Tyrolean Inn)/Part of Tract B, Block 5, Vail Village Filing 1, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission applies the following conditions: “1. Approval of this variance is contingent upon the applicants obtaining Town of Vail design review approval for this proposal. 2. Prior to the issuance of a building permit, the applicant shall mitigate the impacts on employee housing resulting from the construction of 250 square feet of new gross residential floor area in accordance with the provisions of Chapter 12-24, Inclusionary Zoning. ” Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VII of the March 14, 2011 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density Multiple-Family District. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. This variance is warranted for the following reasons: The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the High Density Multiple-Family District. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the High Density Multiple-Family District.” IX. ATTACHMENTS Vicinity Map Photographs Architectural Plans