HomeMy WebLinkAboutDean Variance 062711To: Planning and Environmental Commission
From: Community Development Department
Date: June 27, 2011
Subject: A request for the review of a variance, pursuant to Section 14-1-5, Variances, Vail Town Code, from Section 14-10-5, Building Materials and Design, Vail Town Code, to allow
for the installation of solar panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition,
and setting forth details in regard thereto. (PEC100046)
Applicant: Elizabeth Dean, represented by Capitol Solar Energy
Planner: Rachel Dimond
I. SUMMARY
The applicant, Elizabeth Dean, represented by Laurent Meillon of Capitol Solar Energy, is requesting a variance, pursuant to Section 14-1-5, Variances, Vail Town Code, from Section 14-10-5,
Building Materials and Design, Vail Town Code, to allow for the installation of solar panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive,
Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046)
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 denial
of this application, subject to the findings noted in Section VIII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), the applicant’s response
to the review criteria and necessary findings (Attachment B), architectural plans (Attachment C), solar thermal panel cut sheets (Attachment D), a photo of the house (Attachment E) and
letters from a neighbor in response to the application (Attachment F).
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a variance from the solar energy device regulations. Specifically, the regulation states that a “solar energy device shall extend no higher than one (1)
foot above the ridgeline.” The applicant is requesting a variance that would allow the panels to extend up to three feet above the ridgeline, two feet more than is permitted by the
regulations. The proposal includes the installation of seven (7) solar thermal panels that would provide hot water to the home. Each panel is 118 inches long, 47 inches wide and approximately
four (4) inches thick. The total length of
the array will be thirty (30) feet. The array will be slightly tilted so that the northeast corner of the array will protrude past the ridgeline at a slight angle. The existing ridgeline
is approximately 27 feet tall, which is below the maximum of 33 feet height. With the panels on the roof, the height in this area of the structure will be 30 feet tall.
III. BACKGROUND
On December 3, 2008, the Design Review Board approved plans for a new duplex residence on this site.
On November 4, 2009, a building permit was issued for the construction of a new duplex and on March 25, 2011, a certificate of occupancy was issued for both sides of the duplex.
In early 2010, the applicant installed solar energy devices on the roof without a building permit. Once contacted by the Town of Vail, the solar energy devices were removed.
On May 4, 2010, the Vail Town Council passed Ordinance No. 3, Series of 2010 which amended the design regulations for solar energy devices and required that panels not exceed the height
of the roof ridge.
In September of 2010, numerous solar energy company representatives made requests to the Vail Town Council for amendments to the new regulations in order to help facilitate the installation
of solar energy devices. The Vail Town Council instructed Staff to work with solar energy representatives to propose amendments to the existing regulations, which occurred through three
meetings with 6 representatives from solar energy companies. The goals for this process were as follows:
Meet the concerns of solar industry professionals, while advancing the policy direction of the Vail Town Council:
Encourage energy efficiency and renewable energy in the Town of Vail in accordance with the Environmental Sustainability Strategic Plan
Architecturally integrate solar energy devices with building
Minimize view of solar energy devices from street
Avoid new perceived building heights
Avoid increased bulk and mass of buildings
Maintain character of buildings
Achieve regulations that are appropriate to both performance and policy goals of the Town, but are not too lenient nor too stringent.
On May 3, 2011, the Vail Town Council approved, with modifications, Ordinance No. 5, Series of 2011, upon second reading. The amendments allowed solar energy devices to protrude up
to one foot above the roof ridgeline in order to accommodate additional solar energy device systems while staying in line with the Town’s development objectives.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12: Zoning Regulations, Vail Town Code (in part)
12-6C: TWO FAMILY RESIDENTIAL (R) DISTRICT
12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single-family or two-family residential uses, together with such public facilities
as may be appropriately located in the same zone district. The two-family 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 to maintain the desirable residential qualities of such sites by establishing appropriate site development standards.
Chapter 12-17: Variances
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.
B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions,
setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements;
or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend
to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16,
"Conditional Use Permits", and by section 12-3-7, "Amendment", of this title.
Title 14: Development Standards, Vail Town Code (in part)
14-2: Definitions:
Solar energy device: A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight
and comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy
Section 14-10-5H: Solar Energy Devices:
The intent of these regulations is to facilitate the installation of alternative energy sources in Vail while minimizing visual impacts. Further, these regulations are intended to limit
the creation of an elevated perceived roofline by solar energy devices.
Solar energy devices should be installed on building facades and roof planes and oriented for energy production, except as permitted by Section 14-10-5H-11 of this Code. In Vail, optimal
solar energy device orientation for maximized energy production and adequate snow shed is typically achieved by up to a 50 degree orientation.
Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted
for existing structures.
Solar energy devices may be screened to minimize visual impact with a false façade, roof plane or parapet walls integrated into the overall design of the building.
Solar energy devices may project not more than four (4) feet into a required setback area.
Solar energy devices shall not be included in calculation of building height.
Solar energy devices should follow the slope direction of the roof plane upon which it is mounted.
Solar energy devices shall project no further from the building façade or roof plane than the minimum distance necessary to achieve up to a 50 degree orientation. No portion of any
solar energy device shall project more than eight feet (8') from the building façade or roof plane to which the solar energy device is attached.
When mounted to a roof plane with a pitch of three in twelve feet (3:12) or steeper, solar energy device shall extend no higher than one (1) foot above the ridgeline.
When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave
Solar energy device framing, brackets and associated equipment shall be black or a color that matches adjacent building surfaces. No advertising shall be permitted on any solar energy
device, framing, brackets and associated equipment.
Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in good repair, including repainting when appropriate and other actions that contribute
to attractive building aesthetics.
Solar energy devices may be ground mounted only when the Design Review Board determines that the design or site planning of an existing structure creates practical difficulties in mounting
a solar energy device to a building façade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall
not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site
coverage. Site coverage is calculated by measuring the footprint created by vertical projection from the energy devices and associated hardware to the ground. Should ground mounted
solar energy devices be adjustable, site coverage shall be calculated for the position that creates the greatest site coverage. Ground mounted solar energy devices shall not exceed
eight (8) feet in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact.
V. SITE ANALYSIS
Physical Address: 4918 Meadow Drive, Unit A
Legal Address: Lot 16, Block 7, Bighorn Subdivision Fifth Addition
Zoning Designation: Two Family Residential
Land Use Plan Designation: Low Density Residential
Current Land Use: Residential
Lot Size: 22,956 square feet
Geologic Hazards: None
VI. SURROUNDING LAND USES
Land Use
Zone District
North
Residential
Two Family Residential
South
Residential
Two Family Residential
East
Residential
Two Family Residential
West
Residential
Two Family Residential
VII. REVIEW CRITERIA
1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
Staff finds that the requested solar energy devices will be visible to other structures in the direct vicinity. Specifically, the back of the panels will be facing the neighboring properties,
which changes the perceived height of the structure. However, the proposed height of the solar energy devices will not exceed the allowable roof height of the Two Family Residential
District.
Prior to recent regulations amendments, solar energy devices were not permitted to exceed the height of the ridgeline. The Vail Town Council amended the regulations in May 2011 to provide
flexibility and allow solar energy devices to exceed the ridgeline by up to one (1) foot. Further, the requirement that solar energy devices be a minimum of two (2) feet from eaves
was repealed, which eliminated the need for an additional variance for this proposal. The Vail Town Council discussed the ridgeline issue at length, and stated that the intent of the
regulations was to not create new perceived ridgelines in order to protect the neighborhood from negative impacts. Staff finds that the proposed variance would create a new perceived
ridgeline and thus, does not meet the intent of the regulations.
2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this title without grant of special privilege.
Staff finds that the proposed relief from the one foot above ridgeline regulation is not necessary to install a solar thermal system. While the proposed system provides increased efficiencies
and increased hot water generation, the height variance is not
necessary for the installation of a different size solar thermal system. The applicant provided the panel cut sheets (see Attachment C), which shows that smaller panels are available.
If the applicant installed smaller panels, a variance would not be necessary.
No other solar arrays have been installed within close proximity to the subject property, so there are no comparable properties to ensure uniformity of treatment. However, there have
not been any other variance requests for solar energy devices within the Town of Vail. Further, solar energy devices have been installed throughout the Town that are flush to the roof.
While there may be a limitation in solar access on the site, no formal studies have been provided to depict that solar access is limited. Due to the availability of different sized
solar thermal panels, Staff believes a variance would be 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.
Staff finds that the requested variance will not have any effects on light and air, distribution of population, transportation and traffic facilities, public facilities and public safety.
However, the requested variance would have a positive effect on the gas and/or electric utilities, which would have a reduction in output due to the proposed alternative energy systems.
4. Such other factors and criteria as the commission deems applicable to the proposed variance.
Staff finds that the requested variance does not comply with the purpose statement of the variance regulations. Specifically, the regulations state “cost or inconvenience to the applicant
of strict or literal compliance with a regulation shall not be a reason for granting a variance.” The applicant is requesting a variance because the solar energy devices were purchased
and installed without permit, and now the applicant does not wish to purchase new compliant solar energy devices. The applicant has shown that smaller panels are available, and Staff
has determined that a variance would not be necessary should the smaller panels be utilized. Staff does not support variances that are requested out of self-created circumstances.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends denial of the request for a variance, pursuant to Section 14-1-5, Variances, Vail Town Code, from Section 14-10-5, Building Materials
and Design, Vail Town Code, to allow for the installation of solar panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block
7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to deny the variance request, the Community Development Department recommends the Commission make the following motion:
“Based on the evidence and testimony presented at this hearing and the review criteria in Section VII of this memorandum, the Planning and Environmental Commission hereby denies the
request for a variance, pursuant to Section 14-1-5, Variances, Vail Town Code, from Section 14-10-5, Building Materials and Design, Vail Town Code, to allow for the installation of solar
panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details
in regard thereto.”
Staff’s 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 deny this application, Staff recommends the Commission make the following findings:
“Based on the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds:
That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district.
That the granting of the variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
That the variance is not warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of this title.
b. There are not exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same
zone district.”
IX. ATTACHMENTS
Vicinity Map
Applicant’s Response to Review Criteria
Architectural Plans
Solar Thermal Panel Cut Sheets
Site Photo
Letters from neighbor
/