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Project Name: DIAZAYAS RESIDENCE PEC Number: PEC110061
Project Description:
FRONT SETBACK VARIANCE
Participants:
OWNER DIAZAYAS, ALEJANDRO 11/28/2011
PRIVADA DELBOSQUE 84,TORRE 2-DEPTO 502
CONJUNTO URBANO EL BOSQUE
HUIXQUILUCAN, EDO MEX 52764
APPLICANT DIAZAYAS, ALEJANDRO 11/28/2011
C/0 DAN WOLF
953 S FRONTAGE RD, STE 222
VAI L
CO 81657
ARCHITECT SHEPHERD RESOURCES, INC. 11/28/2011 Phone: 949-3302
PO BOX 1624
AVO N
CO 81620
License: C000002193
Project Address: 1895 GORE CREEK DR VAIL Location:
Legal Description: Lot: 26 Block: Subdivision: VAIL VILLAGE WEST FIL 2
Parcel Number: 2103-123-0602-5
Comments:
BOARD/STAFF ACTION
Motion By: KURZ Action: APPROVED
Second By: REDIKER
Vote: 7-0-0 Date of Approval: 01/30/2012
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
a p p rova I.
Planner: Bill Gibson PEC Fee Paid: $500.00
D (� r� �� rl �V7 � � Department of Community Development
fs U t� �J 75 South Frontage Road
���� �� ����� � - �i� Vail, CO 81657
�,I, NOV 2 8 2011 � Tel: 970-479-2128
� ' www.vailgov.com
; ,�l'1/1/�4 OF= ��ft��� Development Review Coordinator
Variance Request
Application for Review by the
Planning and Environmental C�mmission
General Information: Variances may be granted in order to prevent or to lessen such practical difficulties and unneces-
sary physical hardships as would result from the strict interpretation and/or enforcement of the zoning regulations incon-
sistent with the development objectives of the Town of Vail. A practical difticulty 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 condi-
tions 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. The Vail Town Code can be found on the Town's website at www.vailgov.com
The proposed project may also require other permits or applications and/or review by the Design Review Board and/or
Town Council.
Fee: $500
Description of the Request: Relief from the front yard setback due to buildable lot area considerably restricted by
presence of Gore Creek and sewer easement.
Physical Address: 1895 Gore Creek Drive, Lot 26, Vail Village West
Parcel Number: 210312306025 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
�roperty Owner: Alejandro Diazayas
Mailing Address: adiazayas@nexxuscapital.com, c/o Shepherd Resources, Inc./AIA, PO Box 1624, Avon, CO 81620
Phone: +52(55) 5292 3400; 970-949-3302
Owner's Signature: �P' ���"���o ���(-
Primary Contact/Owner Representative: Douglas M. DeChant, AIA, Shepherd Resources, Inc./AIA
Mailing Address: PO Box 1624, Avon, CO 81620
Phone: 970-949-3302
E-Mail: dougd@sriarchitect.com Fax: 970-949-5121
For Office Use Only:
Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # I�CI�
Fee Paid: ��Y' Received From: /
Meeting Date: PEC No.:
Planner: OG1 Project No: ��L� � )-���3
Zoning: Land Use:
Location of the ProposaL• Lot:�� Block: Subdivision: �(�,.,a Vi��r.� ln��„S�' �j'�; o�
O 1-Aug-11
Variance Request Narrative
I 895 Gore Creek Drive, Lot 26, Vail Village West
November 28, 20 I I
The purpose of this request is to seek relief from the front yard setback in order to construct a portion of the
garage and exterior stair into the front yard setback.
This request is necessitated by the property backyard being considerably restricted by both Gore Creek and a
utility easement, forcing development onto the front portion of the lot. In fact, the backyard building limit is less
than halfway across the north-south dimension of the property. Refer to the attached Constraints Map.
We understand from staff that a previous property owner was granted a similar variance. We have been
advised by staff to respect a 24' distance from edge of paving to face of garage, which we have done.
Applicants shall read and respond to each of the criteria and findings listed below in the project narrative. Before
acting on
a variance application, the Planning and Environment Commission shall consider the following factors with respect to
the
requested variance:
I. The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
The requested variance will place the garage and exterior stair element of the home in approximately
the same relative position to the street as the westerly neighbor.
2. The degree to which relie f from the strict or literal interpretation and en forcement o f a speci fied regulation is
necessary
to achieve compatibility and uni formity of treatment among sites in the vicinity, or to attain the objectives of this title
without grant o f special privilege.
The degree is subjective. The request is based primarily upon backyard restrictions imposed by the
utility easement and creek.
3. The effect of the requested variance on light and air, distribution of population, transportation and tra�c facilities,
public
facilities and utilities, and public safety.
No effects anticipated.
4. Such other factors and criteria as the commission deems applicable to the proposed variance.
None addressed herein.
Project narrative describing the background, purpose and details of the proposal (Address To: Planning and
Environmental
Commission). Also include the following:
• Describe the precise nature o f the�ro�osed use and measures proposed to make the use compatible with
other properties in the vicinity.
The proposed use will allow for the garage and exterior stair to be constructed in the front yard
setback, at a distance from the street approximately consistent with the westerly neighbor.
• The relationship and impact of the use on development objectives of the Town.
While the proposed home is built against all setbacks, largely due to backyard restrictions, home is
quite small, and does not represent an attempt to maximize development opportunity. The proposed home is
approximately I,300 square feet of GRFA smaller than allowed.
• The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks
and recreation facilities, and other public facilities and public facilities needs.
No effects anticipated.
• The effect upon tro�c, with particular reference to congestion, automotive and pedestrian safety and
convenience,
tra�c flow and control, access, moneuverability, and removal of snow from the streets and parking
area.
No effects anticipated.
• The ef�ect 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.
The proposed home suits the neighborhood character. Due to the home's smaller size, mass and
bulk will tend to be less than several homes in the immediate area.
***********************++************************�********************�****+�***************
TOWN OF VAIL, COLORADO Statement
+*********++*�*********************************++*+*******************+++**«******+*********
Statement Number: R110001708 Amount: $500.00 11/28/201102 :47 PM
Payment Method: Check Init: SAB
Notation: 14292 -
SHEPHERD RESOURCES
Permit No: PEC110061 Type: PEC - Variance
Parcel No: 2103-123-0602-5
Site Address: 1895 GORE CREEK DR VAIL
Location:
Total Fees: $500.00
This Payment: $500. 00 Total ALL Pmts: $500 .00
Balance: $0.00
**************************************************************************��*****��*********
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 500.00
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THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on January 9, 2012, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
; A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code,
'�� pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for new construction
; within the front setback, located at 1895 Gore Creek Drive/Lot 26, Vail Village West
Filing 2, and setting forth details in regard thereto. (PEC110061)
` ��� Applicant: Alejandro Diazayas, represented by Shepherd Resources, Inc.
1 Z Planner: Bill Gibson
til
A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-
3, Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow
professional offices, business offices and studios as a conditional use on the first floor or
street level, and setting forth details in regard thereto. (PEC110062)
Applicant: 450 Buffalo Properties, LLC, represented by the Mauriello Planning Group
Planner: Rachel Dimond
A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat
Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3,
Bighorn Subdivision 4th Addition, located at 4316 and 4336 Streamside Circle West, and
setting details in regards thereto. (PEC110063)
Applicant: Diamond Assets, represented by Triumph Development
Planner: Bill Gibson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road West. The public is invited to attend site visits. 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.
Published December 23, 2011, in the Vail Daily.
��i°�� ��3�UMENT t�AS
���� '����,���DED
II II IIIII III III State Documentary Fa
III I I'll III I I"I II' Date: July Ol,2011
Warranty Deed $so.00
(Pursuant to 38-30-113 C.R.S.)
DEED,made on July Ol,2011 by NANCY HASSETT a san hand pa dehereby se011s�a dOconveys to nALEJ nANDRO
�S SUIT'E 222 VAIL,CO�
($800,000.00)***Eight Hundred Thausand and 00/100***doll
RADO,the following real property in the County of Eagle,and State of Coloradq ro w�
DIAZAYAS Grantee(s), whose streLtOddress is C/O DAN WOLF,953 S.FRONTAGE ROAD •,
County of EAGLE and State of CO OF EAGI.E,
LOT 26,VAIL
VILLAGE WEST,FILING NO.2,ACCORDING TO THE RECORDED PLAT THEREOF,COUNTY
STATE OF COLORADO.
lso known by street and number as: 1895 GORE CREEK DRIVE AKA LOT 26,VAIL VILLAGE WEST FILING 2 VAIL CO 81657 '
a ' all its a urtenances and warrants the title to the same,subje THOSE ITEMS AS SE�T FORTH ON EXHIBIT�'A�"AT1'AC8
with PP �, , m XFARS AND SUBJECT TO
YEAR LUll IiiVT��al1F.�'..�.�J�T.-
�E� AND INCORPO TED HEREIN. None
�
� � ����
NANCY HASS
State of COLORADU )ss.
County of EAGLE �
The foregoing instrument was aclmowledged before me on this day of JUNE 28,2011 SARA K. C�RCD�N
by NANCY HA�SETT ` NOTARY PUBLIC
/' STATE OF COL4F�AD0
C�-�__..--
My Commission Expires
Notary Publi �_f.-�.f�
My commission expires
When Recorded Return to: ALEJANDRO DIAZAYAS
C/0 DAN WOLF,953 S.FRONTAGE ROAD W.,SUIT'E 222 VAIL,CO 81657
�
Form 13082 09/2008 wd.open.odt Warranty Deed Open (Photographic) V50031053 {11541024}