HomeMy WebLinkAboutPEC110046 PEC110050 PEC110045 Rucksack PEC memo 082211
To: Planning and Environmental Commission
From: Community Development Department
Date: June 13, 2011
Subject: A request for the review of a major exterior alteration, pursuant to Section 12-7B-
7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for
additions of enclosed floor area, a request for the review of a variance, pursuant
to Chapter 12-17, Variances, Vail Town Code, from Section 12-14-17, Setback
from Watercourse, Vail Town Code, to allow for encroachments into the Mill
Creek setback and a request for the review of a variance, pursuant to Chapter
12-17, Variances, Vail Town Code, from Section 12-7B-15, Site Coverage, Vail
Town Code, to allow for additions of enclosed floor area in excess of allowable
site coverage, located at 288 Bridge Street, Unit R-1 (Rucksack Building)/ Part of
Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC110046, PEC110050)
Applicant: William Gardiner, represented by Victor Mark Donaldson Architects
Planner: Rachel Dimond
A request for review of a major exterior alteration, pursuant to Section 12-7B-7,
Major Exterior Alterations or Modifications, Vail Town Code, to allow for the
addition of GRFA, located at 288 Bridge Street, Unit R-2(Rucksack Building)
/Part of Lots C & D, Block 5, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC110045)
Applicant: Margo Mullally, represented by Mark Donaldson
Planner: Rachel Dimond
I. SUMMARY
The applicants, Margo Mullally and William Gardiner, are proposing to expand their
residential dwelling units at 288 Bridge Street, formerly known as the Rucksack
Building. The Gardiner proposed addition to Unit R-1 requires review of a major exterior
alteration, a stream setback variance and a site coverage variance. The Mullally
proposed addition to Unit R-2 requires review of a major exterior alteration.
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 these applications subject to the findings
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noted in Section VIII of this memorandum. For reference, the attachments include a
vicinity map (Attachment A), applicant narratives (Attachment B), architectural plans
(Attachment C) and a letter from the A&D Building to the north (Attachment D).
II. DESCRIPTION OF THE REQUEST
Unit R-1, the Gardiner Residence, is located on the second floor, with access on the
east side of the structure. Mr. Gardiner is requesting the following:
• Addition of 170 square feet, including
o 38 square feet of additional GRFA and site coverage on the east side of
the building, including 37 square feet to be built into the stream setback
and 11 square feet over allowable site coverage
o 93 square feet of additional GRFA on the south side of the building
o 39 square feet of additional GRFA on the north side of the building
Unit R-2, the Mullally Residence, is located on the third and fourth floors and includes
the tower on the structure. Ms. Mullally is requesting the following:
• Addition of 516 square feet, including
o 317 square feet of additional GRFA on the north side of the third floor
o 118 square feet of additional GRFA on the south side of the third floor
o 71 square feet of additional GRFA on the south side of the fourth floor
o 10 square feet of additional GRFA on the interior of the fifth floor
While the Rucksack Tower is located within view corridor #1, the addition on the south
side of the fourth floor of R-2 does not encroach into the view corridor.
III. BACKGROUND
The existing 288 Bridge Street is made up of the former Rucksack Building and Scott
Building. The Rucksack Condominiums building was originally constructed in the early
1960’s, has been remodeled several times starting in 1966 to add or expand
commercial and residential square footage and was further subdivided in 1978 to create
the “Rucksack Condominiums”.
The date of original construction of the former Scott Building is undetermined. The
space was formerly occupied as either a restaurant or retail establishment, historically.
The Rucksack and the Scott Building were combined, with the commercial first and
second floors being completely remodeled in 2009. Initially, the residential units were
included in the renovation of the structure, but were not ultimately approved as part of
the commercial remodel.
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS (in part):
12-1-2: PURPOSE:
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A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and 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.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and
to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
ARTICLE 12-7B: COMMERCIAL CORE 1 (CC1) DISTRICT (IN PART)
12-7B-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to
maintain the unique character of the Vail Village commercial area, with its mixture of
lodges and commercial establishments in a predominantly pedestrian environment. The
Commercial Core 1 District is intended to ensure adequate light, air, open space, and
other amenities appropriate to the permitted types of buildings and uses. The District
regulations in accordance with the Vail Village Urban Design Guide Plan and Design
Considerations prescribe site development standards that are intended to ensure the
maintenance and preservation of the tightly clustered arrangements of buildings fronting
on pedestrianways and public greenways, and to ensure continuation of the building
scale and architectural qualities that distinguish the Village.
12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part):
A. Subject To Review: The construction of a new building, the alteration of an existing
building which adds or removes any enclosed floor area, the alteration of an existing
building which modifies exterior rooflines, the replacement of an existing building,
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the addition of a new outdoor dining deck or the modification of an existing outdoor
dining deck shall be subject to review by the Planning and Environmental
Commission (PEC) as follows (in part):
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.
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.
12-17-4: HEARING: Upon receipt of a variance application, the planning and
environmental commission shall set a date for hearing in accordance with subsection
12-3-6B of this title. Notice shall be given, and the hearing shall be conducted in
accordance with subsections 12-3-6C and D of this title.
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty
(20) days of the closing of a public hearing on a variance application, the planning and
environmental commission shall act on the application. The commission may approve
the application as submitted or may approve the application subject to such
modifications or conditions as it deems necessary to accomplish the purposes of this
title, or the commission may deny the application. A variance may be revocable, may be
granted for a limited time period, or may be granted subject to such other conditions as
the commission may prescribe.
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12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
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.
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.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make the
following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same
zone district.
2. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are 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 deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.
12-17-7: PERMIT APPROVAL AND EFFECT: Approval of the variance shall lapse and
become void if a building permit is not obtained and construction not commenced and
diligently pursued toward completion within two (2) years from when the approval
becomes final.
12-17-8: RELATED PERMITS AND REQUIREMENTS: In addition to the conditions
which may be prescribed pursuant to this chapter, any site or use subject to a variance
permit shall also be subject to all other procedures, permits, and requirements of this
and other applicable chapters and regulations of the town. In event of any conflict
between the provisions of a variance permit and other permit or requirement, the more
restrictive provision shall prevail.
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12-7B-20: VAIL VILLAGE URBAN DESIGN PLAN (in part):
A. Adoption: The Vail Village Urban Design Guide Plan and design considerations are
adopted for the purposes of maintaining and preserving the character and vitality of
the Vail village (CC1) and to guide the future alteration, change and improvement in
CC1 district.
12-18-5: STRUCTURE AND SITE IMPROVEMENT (in part): Structures and site
improvements lawfully established prior to the effective date hereof which do not
conform to the development standards prescribed by this title for the zone district in
which they are situated may be continued.
A. Lot and Structure Requirements: Structures or site improvements which do not
conform to requirements for setbacks, distances between buildings, height,
building bulk control, or site coverage, may be enlarged; provided, that the
enlargement does not further increase the discrepancy between the total structure
and applicable building bulk control or site coverage standards; and provided that
the addition fully conforms with setbacks, distances between buildings, and height
standards applicable the addition
Chapter 22 – View Corridors (in part)
12-22-1: PURPOSE: The town believes that preserving certain vistas is in the interest
of the town’s residents and guests. Specifically, the town believes that:
A. The protection and perpetuation of certain mountain views and other significant
views from various pedestrian public ways within the town will foster civic pride and
is in the pubic interest of the town.
B. It is desirable to designate, preserve and perpetuate certain views for the
enjoyment and environmental enrichment for the residents and guests of the town.
C. The preservation of such views will strengthen and preserve the town’s unique
environmental heritage and attributes.
D. The preservation of such views will enhance the aesthetic and economic vitality
and values of the town.
E. The preservation of such views is intended to promote design which is compatible
with the surrounding natural and built environment, and is intended to provide for
natural light to buildings and in public spaces in the vicinity of the view corridors.
F. The preservation of such views will include certain focal points such as the Clock
Tower and Rucksack Tower, which serve as prominent landmarks within Vail
village and contribute to the community’s unique sense of place.
12-22-3: LIMITATIONS ON CONSTRUCTION (in part): No part of a structure shall be
permitted to encroach into any view corridor set forth in this chapter unless an
encroachment is approved in accordance with section 12-22-6.
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12-22-4: ADOPTION OF VIEW CORRIDORS (in part):
A. View Point #1: A view from the south side of the Vail Transportation Center from
the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street,
the Rucksack Tower, 288 Bridge Street, and beyond to the ski slopes. (Please
see Attachment D – pg. 19)
12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part)
An application for approval to encroach into an existing view corridor may be initiated by
the town council on its own motion, by the planning and environmental commission on
its own motion, [or by application of any resident or property owner in the town,] or by
the administrator or his/her designee.
12-22-7: NONCONFORMING STRUCTURES (in part)
A. Removal Of Encroachments Encouraged; Exceptions: Any structure which
presently encroaches into an existing view corridor which was lawfully authorized
by ordinances or regulations existing prior to the effective date hereof may
continue. However, such encroachments will be encouraged to be removed as
part of any remodeling or reconstruction of the structure. In the case of certain
focal points, such as the Clock Tower and Rucksack Tower, the town recognizes
their importance to the character of Vail Village and to the quality of the urban
design of the Vail Village. Notwithstanding their nonconforming status, the town
does not encourage their removal.
12-22-8: HEIGHT LIMITATIONS (in part): If the maximum height allowed in any zone
district within the town differs from the height permitted by a view corridor, the more
restrictive height limitation shall apply. (In this instance, the Applicant should provide
additional information relative to maximum heights to be dictated by established view
corridors as compared with the building height restrictions set forth in the Vail Village
Urban Design Guide Plan).
Vail Land Use Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town
Council. The main purpose of the Land Use Plan is two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land use
decisions may be made within the Town of Vail. The goals, as articulated within the
Land Use Plan, are meant to be used as adopted policy guidelines in the review
process for new development proposals. In conjunction with these goals, land use
categories are defined to indicate general types of land uses which are then used to
develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in
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nature, but is intended to provide a general framework to guide decision making. Where
the land use categories and zoning conflict, existing zoning controls development on a
site.
Goals and Policies (in part):
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
4.0 Village Core / Lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved thorough implementation of the Urban
Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and should
be preserved. (scale, alpine character, small town feeling, mountains,
natural setting, intimate size, cosmopolitan feeling, environmental quality.)
5.0 Residential
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.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail with
appropriate restrictions.
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5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community.
Vail Village Master Plan
The Vail Village Master Plan is based on the premise that the Village can be planned
and designed as a whole. The Vail Village Master Plan is intended to be consistent with
the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores
the importance of the relationship between the built environment and public spaces.
Furthermore, the Master Plan provides a clearly stated set of goals and objectives
outlining how the Village will grow in the future.
Goals for Vail Village are summarized in six major goal statements. While there is a
certain amount of overlap between these six goals, each focuses on a particular aspect
of the Village and the community as a whole. A series of objectives outline specific
steps that can be taken toward achieving each stated goal. Policy statements have
been developed to guide the Town’s decision-making in achieving each of the stated
objectives. The Bridge Street Building is located within the Commercial Core 1 Sub-
Area #3 of the Master Plan.
A series of objectives outline specific steps toward achieving each stated goal. Policy
statements have been developed to guide the Town’s decision-making in achieving
each of the stated objectives, whether it be through the review of private sector
development proposals, or in implementing capital improvement projects. (Listed in
part):
Goal #1 Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of community and identity.
1.2 Objective: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Goal #2 To foster a strong tourist industry and promote year-round economic
health and viability for the Village and for the community as a whole.
2.1 Objective: Recognize the variety of land uses found in the 10 sub-areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
2.2 Objective: Recognize the “historic” commercial core as the main activity
center of the Village.
2.2.1 Policy: The design criteria in the Vail Village Design Guide Plan shall
be the primary guiding document to preserve the existing architectural
scale and character of the core area of Vail Village.
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#3-4 Mill Creek Commercial Infill The
development of commercial frontage along
the west side of Mill Creek to encourage
pedestrian traffic in this area. Pedestrian
improvements including the bridge over Mill
Creek and a mid-block connection to Bridge
Street are also desired (see Urban Design
Guide Plan). Improvements to Mill Creek
(landscaping, utility relocation and stream
bank stabilization) as well as loading and
delivery, must be addressed. Special
emphasis on 2.4, 2.5, 3.4, 4.1, 6.1.
Vail Village Urban Design Guide Plan
This Guide Plan represents collective ideas
about functional and aesthetic objectives for
Vail Village. Diagrammatic in nature, the
Guide Plan is intended to suggest the nature
of improvements desired. It is based on a
number of urban design criteria determined to
be appropriate for guiding change in the Vail Village. The Guide plan is intended to be
a guide for current planning in both the public and private sectors. The Guide Plan
establishes the Clock Tower building within the Gore Creek Drive/Bridge Street Sub-
Area.
V. ZONING ANALYSIS
Physical Address: 288 Bridge Street
Legal Address: Part of Lots C & D, Block 5, Vail Village Filing 1
Zoning Designation: Commercial Core 1 (CC1) District
Land Use Plan Designation: Village Master Plan
Current Land Use: Mixed Use
Lot Size: 5,564 square feet (.1277 acres)
Geologic Hazards: None
Development Standard Allowed/Required Existing Proposed
Buildable Lot Area (min): 5,000 sq. ft. 5,564 sq.ft. No Change
Setbacks: None Required or per Vail Village Master Plan
Stream Setback 30 feet 27 feet 25.8 feet
Building Height: 60% at 33 ft. or less 56% 60%
40% at 33 ft. to 43 ft. 37% 33%
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0% at >43 ft. 7% 7%
Density: Dwelling units (DU) 25 DU/acre (3 units) 2 DU 2 DU
Accomm. Units (AU) 50 AU/acre (6 units) None None
GRFA: 4,451 sq. ft. (80%) 2,538 sq. ft. 3,224 sq. ft. (58%)
Site Coverage (max): 4,451 sq. ft. (80%) 4,424 sq. ft. 4,462 sq. ft. (80.2%)
Landscape Area: No reduction per VVMP No change
Parking: Pay-in-Lieu 0 on-site No change
Loading: 1 berth Off-site No change
VI. SURROUNDING LAND USES
Land Use Zone District
North Mixed Use Commercial Core 1
South Mixed Use Commercial Core 1
East Mill Creek Outdoor Recreation
West Mixed Use Commercial Core 1
VII. REVIEW CRITERIA
The following are review criteria for an exterior alteration or modification:
1. The proposed exterior alteration is in compliance with the general and specific
purposes of the zoning regulations as specified in Section 12-1-2, Purpose, Vail
Town Code; and,
Staff finds that both applications for exterior alterations are consistent with the general
and specific purposes of the Zoning Regulations. Specifically, the applications
“encourage a harmonious, convenient, workable relationship among land uses” with the
expansion of both existing units. The application also furthers the purpose that calls for
continued improvement to Vail to facilitate the “high-end resort.” However, Staff finds
that the addition to the fourth floor at the tower does not “safeguard and enhance the
appearance of the town” as it negatively alters the general appearance of this
historically linked building.
2. The proposal is consistent with applicable elements of the Vail Comprehensive
Plan; and,
Staff finds that the applications are consistent with the applicable elements of the Vail
Comprehensive Plan, which includes the Vail Village Master Plan, Urban Design Guide
Plan, Design Considerations and the Vail Land Use Plan, except for the addition to the
tower on the fourth floor.
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The applications further the Vail Land Use Plan goals and objectives, including
Objective 1.1, to “encourage the upgrading and redevelopment of residential and
commercial facilities” and Goal 1.3, that “the quality of development should be
maintained and upgraded whenever possible.” The site specific recommendations in
the Vail Village Master Plan are generally not applicable but the application remains
consistent with the goals and policies in the Vail Village Master Plan, which, similar to
the Land Use Plan, “encourage the upgrading and redevelopment of residential…
facilities.”
The Urban Design Guide Plan discusses view corridors as follows:
“Views that should be preserved originate from either major pedestrian areas or
public spaces, and include views of the ski mountain, the Gore Range, the Clock
Tower, the Rucksack Tower and other important man-made and natural
elements that contribute to the sense of place associated with Vail.”
While the proposed addition to the tower is not in the established view corridor #1, the
addition to the Tower will negatively affect this man made element that, as stated
above, contributes to the sense of place in Vail.
3. The proposal does not otherwise negatively alter the character of the
neighborhood; and,
Staff finds that the all components of the application do not otherwise negatively alter
the character of the neighborhood except for the addition to the tower. There is no
change to the sun shade analysis from existing structure and most of the additions will
not be noticeable from street level or even from other buildings. However, the addition
to the tower changes the appearance and feel of the building by adding an element to
the tower that reduces the positive visual impact of the tower.
The following are review criteria for the stream setback variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff finds that the requested variance will not negatively impact the existing and/or
potential uses and structures in the vicinity. While a portion of the addition will encroach
into the stream setback, it will do so on the second floor, which will infill existing stairs
and patio area. Further, due to the fact that many structures in Vail Village have zero
setback lines as established by the Vail Village Urban Design Guide Plan, the
encroachment into the setback will have limited visual impact.
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.
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The purpose of the variance is to facilitate an addition to the living room area to further
facilitate interior circulation. The unit on the second floor is small due to the existence of
another commercial space on this level. There are limited opportunities for expansion
to the kitchen and living room areas. The proposed variance is the minimal amount
necessary to provide adequate circulation and improvements to the dwelling unit to
achieve compatibility and uniformity with newer structures built under more recent
regulations. Staff finds this variance request would not 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 distribution of
population, transportation and traffic facilities, public facilities and utilities. Staff finds
the requested variance will have a minor effect on light and air, as the bulk and mass of
the building will slightly increase. As noted on the sun shade analysis in the applicant’s
request, this addition will not negatively effect the neighboring property, but will only
impact light and air on the subject property.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Certain properties in the vicinity have received stream setback variances in order to
facilitate residential additions, as follows:
• March 26, 1990- Vail Rowhouses Unit 9 received a stream setback variance to
encroach 10 feet into the 50 foot Gore Creek setback.
• September 4, 1990- Red Lion Building received stream setback variance to
encroach 5 feet into Mill Creek setback
The following are review criteria for the site coverage variance:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff finds that the requested site coverage variance will not negatively impact the
existing and/or potential uses and structures in the vicinity. While the addition will
create new site coverage, it will do so on the second floor, which will infill existing stairs
and patio area. This will not change the relationship between the subject property and
neighboring uses, many of which have received site coverage variances.
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.
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Staff finds that the requested site coverage variance will not be a grant of special
privilege as other structures in the vicinity that were built in the 1960s have received site
coverage variances to facilitate these types of residential additions. The subject
property was constructed in the early 1960s and thus, did not have regulations such as
site coverage to address at that time. With the combination of the Rucksack Building
and the Scott Building upon redevelopment of the commercial portion of the Rucksack,
a site coverage variance was not required, as site coverage was almost completely
utilized. Now, any infill of the stairs on the east side of the structure would require a site
coverage variance. Further, the inclusion of a garbage facility pushed site coverage to
its maximum allowable square footage.
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 distribution of
population, transportation and traffic facilities, public facilities and utilities. Staff finds
the requested variance will have a minor effect on light and air, as the bulk and mass of
the building will slightly increase. As noted on the sun shade analysis in the applicant’s
request, this addition will not negatively effect the neighboring property, but will only
impact light and air on the subject property.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
Below is a list of some sites in the vicinity with their current site coverage calculations
listed and how they obtained that site coverage.
A. A & D Building
On October 8, 1984, the PEC approved a CCI exterior alteration. No variances were
requested. Site coverage was proposed at 79.0%. The exterior alteration was
approved with the condition that a floodplain modification request be approved by the
Town prior to construction.
On May 8, 1985, the PEC approved a floodplain modification for the A & D
development. No stream setback variance was required.
In February 1995, the applicant proposed an expansion to Golden Bear, increasing site
coverage to 79.95%.
B. Red Lion Building
On April 9, 1990, the PEC approved a view corridor encroachment, stream setback
variance, site coverage variance, CCI exterior alteration, and conditional use permit (to
allow an outdoor dining deck). Prior to redevelopment, the Red Lion Building
encroached into the Mill Creek stream setback 1 to 18 feet. The proposed
redevelopment requested 5 additional feet of encroachment. The staff memo cited the
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location of the existing building and the A & D improvements as significant issues that
would not make the request a grant of special privilege. The staff recommended denial
of the requests, although the PEC ultimately approved the requests.
Concerning site coverage for the Red Lion redevelopment, the proposal included 50
square feet of additional site coverage. However, as part of the redevelopment, 27
square feet of existing site coverage was to be eliminated. As a result, there was net
increase of 23 square feet of site coverage. At the time of the proposal, the existing
Red Lion Building had a site coverage of 83%. Though the staff recommendation for
the site coverage variance request was denial, the PEC ultimately approved it.
One of the conditions of the exterior alteration was an agreement between the Town
and the Red Lion developers that the GRFA approved through that process be the cap.
Language has been incorporated into the condominium declarations that the existing
8,714 square feet of GRFA and three dwelling units are the maximum allowed for the
property and that no other GRFA or dwelling units may be added to the project in the
future. The standards for CCI zoning would have allowed approximately 11,200 square
feet of GRFA and eight dwelling units.
On October 22, 1990, the PEC approved an exterior alteration and a site coverage
variance to allow an airlock to be constructed for the Szechuan Lion Restaurant. At the
time of the request the building had a site coverage of 83.2 percent. The proposed
airlock was an additional 60 square feet. The approval allowed the building to reach a
site coverage of 83.6 percent. Staff recommended approval, primarily because the
Zoning Code at the time emphasized the need for airlocks.
C. Bridge Street Lodge (Golden Peak House)
On November 2, 1993, the Vail Town Council approved a Special Development District
for the Golden Peak House. This included, among other things, a site coverage request
which exceeded the 80% allowed in CCI. At the time of the proposal, the existing
Golden Peak House on the existing lot had a site coverage of 91.6%. Under the
approved plans with the expanded lot, the site coverage will be 94%.
D. Vista Bahn Building
On March 13, 1995, a request for a major exterior alteration in the Commercial Core 1
zone district and site coverage, stream setback, and common area variances and
conditional use permits to allow office space on the third floor and to allow an outdoor
dining deck, to provide for the redevelopment of Serrano’s was approved by the
Planning and Environmental Commission. This approval granted a site coverage
variance of 83.9% as several buildings in the vicinity had site coverages in the range of
83%.
On August 24, 1998, the Planning and Environmental Commission approved a variance
and minor exterior alteration to allow for a new entry to the building which increased the
site coverage by 53.5 square feet to a total of 85.0%. The reason for the minimal
Town of Vail Page 16
increase in site coverage is that most of the addition occurred within the Town of Vail
right-of-way which does not count against the site coverage calculation for the site.
On April 28, 2003, the Planning and Environmental Commission denied a variance
request to increase site coverage from 85.0% to 87.2%.
E. Clock Tower Building
On August 12, 1991, the PEC denied a request for a site coverage variance at the
Superstars Studio within the Clock Tower Building. The PEC found that the property
was not encumbered with a physical hardship. The existing site coverage was 87%.
The request for an additional 28 square feet would have put site coverage at 87.2%.
The staff recommended denial and the PEC concurred.
F. Covered Bridge Building
The Covered Bridge building was approved for redevelopment in 1993. The applicants
originally requested five variances and a floodplain modification, but ultimately designed
a building which conformed to all zoning standards was approved.
G. Slifer Building
The Slifer Building was built in the early 1960s and annexed into the newly established
Town of Vail. On February 24, 1992, the Planning and Environmental Commission
approved a site coverage variance request that added approximately 57 sq. ft. of site
coverage to the Slifer Building, increasing site coverage from 92.1% to 93.9%.
On April 13, 1998 the Planning and Environmental Commission approved a site
coverage variance to allow for a remodel and expansion to the Slifer Building. The
proposal increased the total site coverage by 103 sq. ft. for a total of 3,129 sq. ft.
(97.1%).
On March 8, 2004, the Planning and Environmental Commission approved a site
coverage variance to expand Sweet Basil, increasing site coverage to 97.5%.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
the request for a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior
Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA, located
at 288 Bridge Street, Unit R-2 (Rucksack Building)/Part of Lots C & D, Block 5, Vail
Village Filing 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the exterior
alteration, the Community Development Department recommends the Commission
make the following motion:
Town of Vail Page 17
“The Planning and Environmental Commission approves a major exterior
alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or
Modifications, Vail Town Code, to allow for the addition of GRFA
(Rucksack Building), located at 288 Bridge Street, Unit R-2/Part of Lots C
& D, Block 5, Vail Village Filing 1, and setting forth details in regard
thereto.”
Should the Planning and Environmental Commission choose to approve the exterior
alteration, the Community Development Department recommends the Commission
imposes the following conditions:
“1. All additions to Unit R-2 are approved except for the addition to the
fourth floor tower.”
2. This approval is contingent upon the applicant obtaining Town of Vail
design review approval for this proposal.”
Should the Planning and Environmental Commission choose to approve the exterior
alteration and variances, the Community Development Department recommends the
Commission makes the following findings:
“The Planning and Environmental Commission finds:
1. That the proposed exterior alteration is in compliance with the
purposes of the Zoning Regulations, as specified in Section 12-1-2,
Purpose, Vail Town Code; and
2. That the proposal is consistent with applicable elements of the Vail
Comprehensive Plan; and
3. That the proposal does not otherwise negatively alter the character of
the neighborhood.”
The Community Development Department recommends approval, with conditions, of
the request for a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior
Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor
area, a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, from Section
12-14-17, Setback from Watercourse, Vail Town Code, to allow for encroachments into
the Mill Creek setback and a variance, pursuant to Chapter 12-17, Variances, Vail Town
Code, from Section 12-7B-15, Site Coverage, Vail Town Code, to allow for additions of
enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street,
Unit R-1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and
setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to approve the exterior
alteration and variances, the Community Development Department recommends the
Commission make the following motion:
Town of Vail Page 18
“The Planning and Environmental Commission approves a major exterior
alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or
Modifications, Vail Town Code, to allow for additions of enclosed floor
area, a variance, pursuant to Chapter 12-17, Variances, Vail Town Code,
from Section 12-14-17, Setback from Watercourse, Vail Town Code, to
allow for encroachments into the Mill Creek setback and a variance,
pursuant to Chapter 12-17, Variances, Vail Town Code, from Section 12-
7B-15, Site Coverage, Vail Town Code, to allow for additions of enclosed
floor area in excess of allowable site coverage, located at 288 Bridge
Street, Unit R-1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail
Village Filing 1, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to approve the exterior
alteration and variances, the Community Development Department recommends the
Commission imposes the following condition:
“1. This approval is contingent upon the applicant obtaining Town of Vail
design review approval for this proposal.”
Should the Planning and Environmental Commission choose to approve the exterior
alteration and variances, the Community Development Department recommends the
Commission makes the following findings:
“The Planning and Environmental Commission finds:
1. That the proposed exterior alteration is in compliance with the
purposes of the Zoning Regulations, as specified in Section 12-1-2,
Purpose, Vail Town Code; and
2. That the proposal is consistent with applicable elements of the Vail
Comprehensive Plan; and
3. That the proposal does not otherwise negatively alter the character of
the neighborhood.
4. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified
in the same zone district.
5. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
6. That the variance is warranted for one or more of the following
reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are 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
Town of Vail Page 19
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same zone district.”
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant narratives
C. Architectural plans
D. Letter from the A&D Building
Attachment A
M
PROJECTNARRATIVE
ForWilliamAGardinerUnitR1
TheBridgeStreetBuildingCondominium
TO RachelFriedeDimondTownPlanner
Planning EnvironmentalCommission
FROMMarkDonaldsonVMDA
DATE July252011
0048EBEAVERCREEKBLVD
SUITE207
POBOX5300
AVONCO81620
9709495200
FAX9495205
WWWVMDACOM
WesubmitourPECApplicationforreviewduetoourproposingtheadditionofover100square
feetoffloorareaWealsoseekreviewofthesmalleastexpansionforguidanceuponobtaining
thenewsurveybeingpreparedbyGoreRangeSurveyingthatupdatesallourdatabaseof
informationforvariousaspectsofthisdevelopmentWeexpecttoprovidethatupdatedsurvey
byThursdayJuly282011ThankyouforconsiderationofourApplication
PRECISENATUREOFPROPOSEDUSEAllproposedexpansionsarefortheexclusiveresidentialuse
ofUnitR1
Expansionofapproximately160squarefeetofGRFAandonthenortheastandsouthsidesina
compatiblefashion
Thenewbuildingformsproposedaredeemedtobecompatiblewiththisandadjacentstructures
byplacementofallexpansionareasunderexistingroofformsanduseofcompatibleexterior
buildingmaterialsanddetailing
RELATIONSHIP IMPACTOFPROPOSEDUSEWesuggestthattheexpansionareasrepresentedin
thisApplicationcreatenosignificantimpactonneighboringpropertiesviewcorridorsorvisibility
frompublicwaysOurexpansionmassing architectureisdesignedtoprovideonlyharmonious
andminorexpansionofmassingandforms
WefurthersuggesttheexpansionconformstoTowndevelopmentobjectives
THEEFFECTOFTHEUSEONLIGHTANDAIRETCWeenvisionnosignificanteffectoftheproposed
useonlightandairdistributionofpopulationtransportationfacilitiesutilitiesschoolsparksand
recreationfacilitiesorotherpublicfacilitiesandpublicfacilitiesneedsduetothenatureofdesign
andmanagementoflimitedincreasedbuildingforms
THEEFFECTUPONTRAFFICWeenvisionnosignificanteffectoftheproposeduseupontrafficwith
particularreferencetocongestionautomotiveandpedestriansafetyandconveniencetraffic
flowandcontrolaccessmaneuverabilityandremovalofsnowfromthestreetsandparkingarea
ARCHITECTS
THEEFFECTUPONTHECHARACTEROFTHEAREAWeenvisionnosignificanteffectoftheproposed
useuponthecharacteroftheareanwhichtheproposeduseislocatedincludingthescaleand
bulkoftheproposeduseinrelationtosurroundinguses
Respectfullysubmitted
MarkDonaldsonPrincipalVMDAandAuthorizedOwnerRepresentative
0048EBEAVERCREEKBLVD
SUITE207
POBOX5300
AVONCO81620
9709495200
FAX9495205
WWWVMDACOM
PROJECTNARRATIVE
ForMargoMullallyUnitR2
TheBridgeStreetBuildingCondominium
TORachelFriedeDimondTownPlanner
Planning EnvironmentalCommission
FROM MarkDonaldsonVMDA
DATE July112011
WesubmitourPECApplicationforreviewduetoourproposingtheadditionofover100square
feetoffloorareaWeneitherseekanyVariancetozoningregulationsoranyformofConditional
orSpecialReviewUsesforthisproposedcondominiumexpansionThankyouforproper
considerationofourApplication
PRECISENATUREOFPROPOSEDUSEAllproposedexpansionsarefortheexclusiveresidentialuse
ofUnitR2
Expansionofapproximately425squarefeetofGRFAandonthenorthandsouthsidesand
associatedexpansionofexteriordeckatthenorthwestcornerofmainlevelthelessthan50
squarefootexpansiononthesouthsideofthefirstupperleveldoesnotviolatetherecordedview
corridorsandenhancestheuppertowerforminamodestandcompatiblefashion
Thenewbuildingformsproposedaredeemedtobecompatiblewiththisandadjacentstructures
byplacementoftwoofthefourexpansionareasunderexistingroofformsanduseofcompatible
exteriorbuildingmaterialsanddetailing
Thethirdareaofexpansionincludesamodifiedandcompatibleroofformalongthenorthwest
cornerinarelativelyobscureandconcealedlocationamongtheneighboringstructuresand
maturelandscaping
Thefourthareaofexpansionincludesanextensiontotheupperlevelstoincreasedaylightand
viewsandisanimprovementtotheexistingtowerelementwithoutnegativevisualimpact
RELATIONSHIP IMPACTOFPROPOSEDUSEWesuggestthattheexpansionareasrepresentedin
thisApplicationcreatenosignificantimpactonneighboringpropertiesviewcorridorsorvisibility
frompublicwaysOurexpansionmassingarchitectureisdesignedtoprovideonlyharmonious
andminorexpansionofmassingandforms
WefurthersuggesttheexpansionconformstoTowndevelopmentobjectives
ARCHITECTS
THEEFFECTOFTHEUSEONLIGHTANDAIRETCWeenvisionnosignificanteffectoftheproposed
useonlightandairdistributionofpopulationtransportationfacilitiesutilitiesschoolsparksand
recreationfacilitiesorotherpublicfacilitiesandpublicfacilitiesneedsduetothenatureofdesign
andmanagementoflimitedincreasedbuildingforms
THEEFFECTUPONTRAFFICWeenvisionnosignificanteffectoftheproposeduseupontrafficwith
particularreferencetocongestionautomotiveandpedestriansafetyandconveniencetraffic
flowandcontrolaccessmaneuverabilityandremovalofsnowfromthestreetsandparkingarea
Theproposaladdsonesinglebedroomtotheexistingcondominiumandenhancesexisting
programareas
THEEFFECTUPONTHECHARACTEROFTHEAREAWeenvisionnosignificanteffectoftheproposed
useuponthecharacteroftheareanwhichtheproposeduseislocatedincludingthescaleand
bulkoftheproposeduseinrelationtosurroundinguses
Respectfullysubmitted
MarkDonaldsonPrincipalVMDAandAuthorizedOwnerRepresentative