HomeMy WebLinkAboutVAIL VALLEY FILING 1 BLOCK 3 LOT 18 LEGAL.pdfCGI*IJHIY CEIELOHTE*{T
Planning and Environmental Commisson
ACTIOH FORM
Depaftment of Community Development
75 South Frontage Road, Vail, Colorado 81657 ' tel:970,479.2135 tax.970"479.2452
web: www.vailgov.com
Project Name: STEPHENSON VARIANCE
Project Description:
Participanb:
Project Address:
Legal Description:
Parcel Number:
Comments:
PEC Number: PEC050047
VARIANCES FOR SETBACK, SITE COVEMGE AND GRFA
owNER STEPHENSON, ROBERT H. &ANNE05/01/2005
1042 WOODRUFF PUNTATION PKVVY
MARIETTA
GA 30067
APPUCANT SNOWDON AND HOPKINS, ARCHTTE06/01/2005 Phone: 970476-2201
PO BOX 3340
VAIL
co 81658
License: C000001763
ARCHITECT SNOWDoN AND HOPKINS, ARCHITE06/01/2005 Phone:970-476-2201
PO BOX 3340
VAIL
co 81558
License: C000001763
12148 VAIL VALLEY DR VAIL Locationi 1448 VAIL VALLEY DRIVE
LoE 18 Block: 3 Subdivision: VAIL VALLEY
2t0t-092-070r-7
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Gonditions:
Viele
Bernhardt
4-1
Action: DENIED
Date of Approval:
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
PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0007155
Building needs review by Building Department for determination of the number of
stories. Basements over 15oo sq ft may require fire sprinkler system. Four story
wood frame buildings must have a fire sprinkler system.
Planner: Bill Gibson PEC Fee Paid: $500.00
ru,;ffi
Rezonrng $1300
Major Subdivision $1500
Minor Subdivisjon $650
Exemption Plat $650
Minor Arnendment to anSDD $1000
New Sp€cial Development District $6000
Major Amendment to an SDD $6000
MajorAmendment to an SDD $1250
(no exte ior n odifications)
Description of the Request:
Application for Review by the
Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.245?
web: www.vail90v.com
General I nformation:
Aii projects requiring Planning and Environmental Commission review must receive approval prio. to submitting a
buildir'rg permit appucation. Please refer lo the submittal requirements for the particular approval that is requested.
An applic€tion ioa Planning and EnvironflBntal Comnrission review cannot be accepted until all required information
is received by the Community Development Department- The poject may also need to be reviewed by the Town
Council and/or the Design Review Board-
Type of Application and Fee:
. Conditional Use Permit . FloodplainModification . Mlnor Extsrior Alteration . Major Exterior Alteration . Developmenl Plan . Amenoment to a Development Plan - Zoninq Code Amendment
'\.variarice . Sign Variance
$650
$400
$650
$800
$1500
$250
$1300
$500
$200
a,
tt:. J n 0
3 0
(v
Physical Address:
Parcel No.:
zonin s : A-wa-fHLW -@ @l fl
^
L-
Name(s) of Owner(s):
Mailing Address:
E-mail Address:
(Coniact Eagle Co. Assessof at 970-328-8640 fof parcel no.)
Mailing Addres,s:oofuPu ffi Ptt*l.l T*f to N PAFVU*
Owner(s) Signature(s):
Name of Applicant:
Page I of G04l0l/04
"t
S.*"
{
,;
\.\t
,t
if
t.
4.1
t-
TO:
FROM;
DATE:
SUBJECT:
MEMORANDUM
Vail Town Council
Department of Community Development
September 6, 2005
An appeal, pursuantto Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail
Planning and Environmental Commission's approval of a variance from Section 12-
6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site
Coverage, pursuant to Chapler 12-17, Variances, Vail Town Code, to allow for a
residential addition, located at '1448 Vail Valley Drive/Lot 18, Block 3, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC050047)
Appellant Vail Town Council Planner: Bill Gibson
SUBJECT PROPERW
The subject property is located at 1448 Vail Valley Drive/Lot 1 8, Block 3, Vail Village Filing 1 .
STANDING OF APPELLANT
The appellant, Vail Town Council, has standing to.call-up" anydecision of the Planning.and
Environmental Commission, pursuant to Section 12-3-3, Appeals, Vail Town Code.
REQUIRED ACTION
The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and
Environmental Commission's approval of a variance from Section 12{C-6, Setbacks,
Section 12-6C-8, DensityControl, and Section 12-6C-9, Site Coverage, pursuantto Chapter
12-17 , Yaiances, Vail Town Code, to allow for a residential addition, located at 1448 Vail
Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto.
Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make
findings of fact in accordance with the Vail Town Code:
*The Town Council sha!! on al! appeals make specific findings of fact based direcdy
on the particular evidence presented to it. These findings of fact must support
conclusions thatthe standards and conditions imposed by the requiremenfs of thrs
title (i.e. TiAe 12, Zoning Regulations, Vail Town Code) have or have notbeen met."
BACKGROUND
On June 27 , 2005, the Planning and Environmental Commission held a public hearing to
consider an application for a variance from Section 12-6C-6, Setbacks, Section 12-6C-8,
Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances,
Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive. The applicant's
proposal included a garage, bedroom, bathroom, elevator, and entry addition. This item was
discussed by the Commission and tabled for further discussion at a future public hearing.
ll.
|il.
tv.
V.
The applicant subsequentlyamended the application byeliminating the proposed bedroom
and bathroom.
The applicant's amended application was reviewed bythe Commission at its July25,2005,
public hearing. Based upon the evidence and testimony presented, the Planning and
Environmental Commission determined that the proposed variance application met the
criteria for review outlined in Chapter 12-17, Yariances, Vail Town Code, and the
Commission approved the application for a variance from Section 12-6C€, Setbacks,
Section 1 2-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter
12-17,Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail
Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto.
At its August 2,2005, public hearing the Vail Town Council "called-up" this Planning and
Environmental Commission decision.
Excerpts from the Staff memorandums to the Planning and Environmental Commission
dated June 27 and July 25, 2005 (see Attachment A and C) and the associated Planning
and Environmental Commission meeting results (see Attachment B and D) have been
attached for reference.
APPLICABLE REGULATIONS OF THE TOWN CODE
Chaoter 12-3. Administration and Enforcement (in oart)
Section 12-3-3: Appeals (in part)
C. Appeal Of Planning And Environmental Commission Decisions And Design
Rev i ew B o a rd Decisrbns.'
1. Authority: The Town Council shall have the authorityto hear and decide appeals
from any decision, determination or interpretation by the Planning and
Environmental Commission or the Design Review Board with respect to the
provisions of this Tiile and the standards and procedures hereinafter set forth.
2. Initiation: An appeal may be initiated by an applicant, adjacent propefi owner, or
any aggrieved or adversely affected person ftom any order, decision,
determination or interpretation by the Planning and Environmen6l Commission or
the Design Review Bioard with respect to this Title. "Aggrieved or adversely
affected person' means any person who will suffer an adverse effectto an interest
protected orfurthered by this Title. The alleged adverse interestmay be shared in
common with other members of the community at large, but shall exceed in
degree the general interest in community good shared by all persons. The
Administratorshall determine the standing of an appellanL lf the appellantobjects
to the Adminisfrafor's determination of standing, the Town Council shall, at a
meeting prior to hearing evidence on the appeal, make a determination as to the
standing of the appellant. lf the Town Council determines thatthe appellant does
not have standing to bring an appeal, the appeal shall not be heard and the
original actign or determination stands. The Town Council may also call up a
decision af the Planning and Environmental Commission or the Design Review
Board by a majority vote of those Council nembers presenL
5. Findings: The Town Council shall on all appeals make specific findings of fact
based direcily on the particular evidence presented to iL These findings of fact
must support conclusrbns that the standards and conditions mposed by the
requirements of this Title have or have not been net.
Chaoter 12-17 Variance (in oart)
Section 12-17-1: PURPOSE:
A. Reasons for Seeking Variance: ln order to prevent or fo /essen such
practical difficulties and unnecessary physical hardships inconsis{enf wilh the
objectives of this title as would resultfrom strict or litenl interpretation and
enforcement, variances from certain regulations maybe granted. A practical
difficultyorunnecessary physical hardship may resultfrom 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 limihtions,steetlocations orconditions in the immediate
vicinity. Cost or inconvenience to the applicant of stict or literal compliance
with a regulation shall not be a reason for granting a variance.
Section 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 vaiance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the icinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve conpatibility
and uniformity of treatment among sites rn the vicinity, or to aftain the
objectives of this litle without grant of special pivilege.
3. The effect of the requested variance on tight 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
Proqosed vaiance.
B. Necessary Findings: The planning and environmentalcommission shall make the
following findings before granting a variance:
1. That the granting of the variance will not constifute a grant of special
privilege inconsstent wifh the limitations on other properties classified in the
same district.
2. That the granting of the vaiance will not be detrimental to the public
health, safety, or welfare, or materially injuious to propefties or
improvements in the vicinity.
vt.
3. That the vaiance is varranted for one or ffDre of the following reasons..
a. The strict or literal interpretation and enforcement of the specrfed
regulation would result in practical difficulty or unnecessary physical
hardship rnconsistenf with the objectives of this title.
b. There are exceptional or extnodinary circurnstances or conditions
applicable to the site of the variance that do not apply generally to
other properties in the saffE zone.
c. The strict or litenl interprctation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the sarrc district.
STAFF RECOMMENDATION
Setback Variance
The Community Development Department recommends the Vail Town Council upholds the
Planning and Environmental Commission's approval of a variance from Section 12-6C-6,
Setbacks, Vaif Town Code, pursuant to Chapter 12-17,Yariances, Vail Town Code, to allow
for a residentialaddition, located at 1448 VailValley Drive/Lot 18, Block 3, VailVillage Filing
1, and setting forth details in regard thereto
On an appeal, the Town Council shall make specificfindings of fact based directly on
the particular evidence presented to it. These findings of fact must support
conclusions that the standards and conditions imposed by the requirements of Title
12,Zoning Regulations, Vail Town Gode, have or have not been met
Should the Town Council choose to uphold the Planning and Environmental Commission's
approval of a variance from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to
Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at
1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1; the Community Development
Department recommends the Town Council make the following findings:
"1. The granting of this variance will not consflfute a granting of speciat pivilege
inconsistent with the limitations on other propefties c/assifed in the Two-Family
Residential District, since a similar setback vaiance for a garage addition to this
residence was approved by the Town of Vail in 1991 as fuftrer discussed in the Staff
memorandum to the Planning and Environmental Commission dated July 25, 2005.
2. The granting of this vaiance witl not be detrimenta! to the public health, safety, or
welfare, or nateially injurious to propefties or inprovements in the vicinity.
3. Ihis variance is warranted for the fotlouing reasons.'
a. The strictliteral interpretatiot orenforcementof the specifred regulationwould
result in practical difficulty or unnecessary physical hadship inconsistentwith the
objectives of Title 12, Zoning Regulations, Vail Town Code, due to the
configuration of the existing structure on the sife. Additionally, a similar setback
variance for a garage addition to this residence was apprcved by the Town of
Vail in 1991 as further discussed tn the Staff memorandum to the Planning and
Environmental Commission dated July 25, 2005.
b. There are exceptions or extraordinary circumsfances orconditions applicable
to the same site of he variance that do not apply generally to other propefties in
the same district, due to the configuration of the existing structure on the site.
Additionally, a similar setback vaiance for a garage addition to this resrdence
was apprcved by the Town of Vail in 1991 as fufther drscussed in the Staff
memorandum to the Planning and Environmental Commission dated July 25,
2005.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by heowners of other properties in
the same district, due to the configuration of the existing structure on the site.
Additionally, a similar setback variance for a garage addition to thr's resrdence
was approved by the Town of Vail in 1991 as further dlscussed in the Staff
memorandum to the Planning and Environmental Commission dated July 25,
2005.'
Site Coveraoe Variance
The Community Development Department recommends the Vail Town Council overturns
the Planning and Environmental Commission's approval of a variance from Section l 2-6C-9,
Site Coverage, Vail Town Code, pursuant to Chapter 12-17,Yariances, Vail Town Code, to
allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village
Filing 1, and setting forth details in regard lhereto.
On an appeal, the Town Council shall make specific findings of fact based directly on the
particular evidence presented to it. These findings of fact must support conclusions that the
standards and conditions imposed by the requirements of Title 12,Zoning Regulations, Vail
Town Code, have or have not been met.
Should the Town Council choose to overturn the Planning and Environmental
Commission's approval of a variance from Section 12-6C-9, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17,Yariances, Vail Town Code, to allow for a residential addition,
located at 1448 Vail Valley Drive/Lot 18, Block 3, VailVillage Filing 1;the Community
Development Department recommends the Town Council make the following findings:
"1. The granting of this variance will constitute a granting of special privilege
rnconslsfent with the limitations on other prcperfies c/assifred in the Two-Family
Residential Distrtct, since a garage addition can be constructed in conformance with
the site coverage limits and those proposed additions rn excess of the site coverage
limits also exceed fhe gross residential floor area /rmits as further discussed in the
Staff memonndum to the Planning and Environmental Commission dated July 25,
2005.
2. The granting of this variance will not be detrimental to the public health, safety, or
welfare, or nateially injurious to properties or inprovements in the vicinity.
3. Ihrb variance is notwananted for thefoltowing reasons:
a. The strictliteral interpretatim orenforcementof the specified regulation would
not result in practical difficulty or unnecessary physical hardship rnconsistent
with the objectives of Title 12, Zoning Regulations, Vail Town Code, since a
' garage addition can be constructed in conformance with the site coverage limits
and those proposed additions,n excess of the site coverage timits also ,r""r,d
fhe gross residential floor area /rmifs as further discussed in the Staff
memorandum to the Planning and Environmental Commission dated Juty 25,
2005.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the same district, stnce a garage addition can be constructed in
conformance with the site coverage limits and fhose proposed additions in
excess of the site coverage limits also exceed the grcss residential floor area
/rmits as further drscussed in the Staff memorandum to the Planning and
Environmental Commission dated July 25, 2005.
c. The strict interpretation or enforcement of the specified regulation would not
depive the applicant of privileges enjoyed by the owners of other propefties in
the same district srnce a garage addition can be constructed in conformance
with the site coverage limits and fhose propose d additions ln excess the srte
coverage limits also exceed the gross residential floor area limits as fufther
discussed in the Staff memorandum to the Planning and Environmental
Commission dated July 25, 2005"
Densitv Control (i.e. GRFA) Variance
The Community Development Department recommends the Vail Town Council overturns
the Planning and Environmental Commission's approval of a variance from Section 1 2-6C-8,
Density Control, Vail Town Code, pursuant to Chapter 1 2-17,Yaiances, Vail Town Code, to
allow for a residential addition, located at 1448 Vail Valley Drive/Lot 1 8, Block 3, Vail Village
Filing 1, and setting forth details in regard thereto.
On an appeal, the Town Council shall make specific findings of fact based directly on the
particular evidence presented to it. These findings of fact must support conclusions that the
standards and conditions imposed bythe requirements of Title 12,Zoning Regulations, Vail
Town Code, have or have not been met.
Should the Town Council choose to overturn the Planning and Environmental
Commission's approval of a variance from Section 12-6C-8, Density Control, Vail Town
Code, pursuant to Chapter 12-17,Variances, Vail Town Code, to allow for a residential
addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1; the
Community Development Department recommends the Town Council make the following
findings:
"1. The granting of this vaiance will constitute a granting of speciat privilege
tnconslsfent with the limitations on other properfi'es c/assd?ed in the Two-Family
Residential District, since the residence was originally constructed under Town of
Vailjuisdiction with Town of Vail design review approval, fhe gross residentialfloor
area regulations were amended in August of 2004 to increase the size limits for
sfrucfures within the Two-Family Residential District and the existing residence
exceeds these limits, and the proposed additions rn excess of the gross residential
floor area limits also exceed the site coverage limits as furtherdiscussed rn fhe Staff
memorandum to the Planning and Environmental Commission dated July 25, 2005.
2. The granting of this variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or inprovements in the vicinity.
vil.
3. This variance is not wananted for the folloning reasons.'
a. The strict literal interpretation or enforcement of the specified regulation
would not result in practical difficulty or unnecessary physical hardship
inconsr'stenf with the objectives of Title 12, Zoning Regulations, Vail Town
Code, since the residence was originally constructed under Town of Vail
juisdiction with Town of Vail design review approvaf fhe gross residenilal
floor area regula$ons were amended in August of 2004 to lncrease the sin
Iimits for structures within the Two-Family Residential District and the existing
residence exceeds fhese /rmifs, and the prcposed additions rh excess of the
gross resldential floor area limits also exceed fhe site coverage limits as
further dlscussed in the Staff memorandum to the Planning and
Environmental Commission dated July 25,2005.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the vaiance thatdo not apply generally to other
propefties in the same district, since the residence was originally constructed
u nder Town of Vail juisdiction with Town of Vail design review approval, the
gross residential floor area regulations were amended in August of 2004 to
increase the size limits for structures within he Two-Family Residential District
and the existing residence exceeds these limits, and the proposed additions
in excess of fhe gross residential floor area limits also exceed fhe sife
coverage limits as further discussed ln fhe Staff memorandum to the Planning
and Environmental Commission dated July 25, 2005.
c. The strict interpretation or enforcement of the specified regulation would
not deprive the applicant of privileges enjoyed by the owners of other
properties in the same district, since the residence was oiginally constructed
under Town of Vail jurisdiction with Town of Vail design review approval, the
gross resrUential floor area regulations were amended in August of 2004 to
increase the size limits for stuctures within he Two-Family Residential District
and the exisfing residence exceeds these limits, and the proposed additions
rn excess of fhe gross residential floor area limits also exceed fhe site
coverage [imits as further discussed rn the Staff memonndum to he Planning
and Environmental Commission dated July 25, 2005."
ATTACHMENTS
June 27, 2005, Planning and Environmental Commission memorandum
June27,2005, Planning and Environmental Commission meeting results
July 25, 2005, Planning and Environmental Commission memorandum
July 25, 2005, Planning and Environmental Commission meeting results
Public Notice
A.
B.
c.
D.
E.
Attachment: A
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 27,2005
A request for a final review of a variance from Section 12-6C-6, Setbacks,
Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant
to Chapter 12-17,Yariances, Vail Town Code, to allow for a residential addition,
located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1 , and setting
forth details in regard thereto. (PEC05-0047)
Applicant Robert Stephenson, Jr. and John Schofield, represented by
Snowdon & Hopkins Architects Planner; Bill Gibson
SUMMARY
The applicants, Robert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects, are requesting a variance from Section 12-6C-6, Setbacks, Section
12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-
17, Varianceb, Vail Town Code, to allow for a residential addition, located at 1448 Vail
Valley Drive/Lot 18, Block 3, VailVillage Filing 1.
Based upon Staff's review of the criteria in Section Vlll of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of the setback variance request; approval,
with conditions, of the site coverage variance request; and denial of the GRFA
variance request subject to the findings noted in Section lX of this memorandum.
DESCRIPTION OF REQUEST
The applicants, Robert Stephenson, Jr, and John Schofield, represented by Snowdon &
Hopkins Architects, are proposing to construct a garage addition to Units 18A
(Stephenson) and 188 (Schofield); plus a new entry, elevator, and bedroom addition to
Unit 18A. The new garage addition will widen the existing three car garage to the west
to create a four car garage (two spaces per dwelling unit). Above this garage addition
the applicant is proposing to construct a new 272 sq. ft. bedroom and bathroom. To the
west of the proposed garage addition the applicant is proposing to construct a new 110
sq. ft. single-story front entry room with a 42 sq. ft. three-story elevator addition. The
applicant is also proposing to widen the existing driveway and construct a new exterior
stair from the driveway to the third-floor entry to Unit 18A.
The proposed garage addition to Units 18A and 188 encroaches into the front setback
and exceeds the allowable site coverage for this property. The proposed entry and
elevator on Unit 18A exceed both site coverage and GRFA, and the bedroom addition
also exceeds the allowable GRFA.
il.
lll.
A vicinity map (Attachment A), site photographs (Attachment B), a more detailed
description of the applicant's request (Attachments C), and the proposed architectural
plans (Attachment D) have been attached for reference.
BACKGROUND
This two-family residence was originally approved by the Design Review Board in 1976
and construction was completed in 1978. The original approved architectural plans
blend the overlapping garage level (finished floor elevation 8267') and the mechanical
level (finished floor elevation 8277') into one "basement plan" even though these levels
are separated by a floor-to-floor measurement of 10 feet. According to the Town of
Vail's records, this structure was originally allowed 5,261 sq. ft. of GRFA. However,
5,491 sq. ft. of GRFA was constructed and a final certificate of occupancy was issued.
Therefore, in 1978 this structure exceeded the allowable GRFA by 230 sq. ft, lt is
unclear how the GRFA was calculated for this structure at that time.
At some point in time a party wall was constructed to separate the garage level parking
spaces, and a portion of the garage level located directly below the storage ioom on the
mechanical level was converted from a parking space into a storage room (i.e. GRFA).
On June 24, 1991, the Planning and Environmental Commission approved a front
setback variance to allow for the construction of an additional garage bay to the east of
the existing garages. This proposed garage encroached 12.5 feet into the 20 foot
setback; however, this addition was never constructed. Even though the Town's GRFA
regulations had been amended several times since 1978, GRFA calculations were not
done at the time of this variance approval.
ln 1999, allowed and existing GRFA calculations were conducted. According to Town of
Vail records, the allowable GRFA in 1999 for this lot was 5,205 sq. ft., plus each unit was
eligible for one "250 Addition" for a total of 5,705 sq. ft. However, the existing GRFA
calculations (including a "250 Addition" for the Schofield residence) were 6,393 sq. ft.
Therefore in 1999, this structure exceeded the allowable GRFA calculations by 1,188 sq.
ft. and 688 sq. ft. when two "250 Additions' were included in the calculations. lt is
unclear how the GRFA was calculated in 1999, but it appears that no portion of the
garage level or mechanical level (shown on a single "basement plan" drawing) was
counted as GRFA; even though the entire mechanical level qualified as GRFA and the
unapproved garage level storage room also qualified as GRFA. Recalculating the
garage and mechanical levels using 'l 999 GRFA methods, the structure has 7,500 sq. ft.
of GRFA. Therefore, in 1999 this structure exceeded the allowable GRFA (plus two "250
Additions") by 1,795 sq. ft.
In 2004, the Town's GRFA regulations were again amended. Under these new
regulations, this property is now allowed 7,286 sq. fl. of GRFA. The existing structure,
including the appropriate portions of the garage level and the appropriate portions of the
mechanical level, has 8,801 sq. ft. of GRFA. The existing structure exceeds today's
allowable GRFA by 1,515 sq. ft. The applicant is currently proposing to add an
additional 466 sq, ft. of bedroom, entry, and elevator GRFA, thus proposing to exceed
the current GRFA limits by 1,981 sq. ft. (approximately 27o/o).
This proposal is scheduled for review by the Design Review Board at its July 6, 2005,
public hearing.
tv.ROLES OF REVIEWTNG BOprEg
Order of Review: Generally, variance applications will be reviewed by the Planning and
Environmental Commission, and then any accompanying design review application will
be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval
with modifications, or denial of a variance application, in accordance with Chapter 12-17,
Variances, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Gouncil:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or
Design Review Board. The Town Council may also call up a.decision of the Planning
and Environmental Commission and/or Desion Review Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12-6C: Two-Family Residential (R) District (in part)
12-6C-1: PURPOSE:
The two-family residential district is intended to provide sites for low
density single-family or two-family residential uses, fogefher with such
public facilities as rnay be appropriately located in the same district. The
two-family residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate witi singte-
family and two-family occupancy, and to maintain the desirable residential
qualities of such sifes by establishing appropriate site development
standards.
V.
12-6C-6: SEIBACKS:
In the R district, the minimum front setback shall be twenty feet (20'), the
minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15').
1 2-6C-8 : DENS/IY CONTROL:
A. Dwelling Unds: Nof more than a totat of two (2) dwetling units shatl be
permitted on each site with only one dwelling unit permifted on existing
/ofs /ess than foufteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be pennitted on
each site:
a. Not more than forty gix ft6) square feet of gross residential floor
area (GRFA) for each one hundred (100) square feet of the first
ten thousand (10,000) square feet of site area; plus
b. Thirty eight (38) square feet of gross resrUential floor area
(GRFA) for each one hundred (100) square feet of site area over
ten thousand (10,000) square feet, not exceeding fifteen thousand
(15,000) square feet of site area; plus
c. Thifteen (13) square feet of gross residential floor area (GRFA)
for each one hundred (100) square feet of site area over fifteen
thousand (15,000) square feel not exceeding thirty thousand
(30,000) square feet of site area; plus
d. Six (6) square feet of gross resrdential floor area (GRFA) for
each one hundred (100) square feet of site area in excess of thitty
thousand (30,000) square feet.
1 2-6C-9:'S|TE CaVERAG E:
Site coverage shall not exceed twenty percent (20%) of the total site area.
Chapter 12-17'. Yariances (in part)
12-17-1 : Purpose:
A. Reasons for Seeking Variance: ln orderto prevent orto /essen 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 dimenslons of
a site or the location of existing sfructures 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.
. VI. SITE ANALYSTS Address: 1448 Vail Valley Drive
Legal Description: Lot 18, Block 3, Vail Valley Filing 1 Zoning: Two-Family Residential
Land Use Plan Designation: Low Density Residential
Current Land Use: Two-Family Dwelling
Lot Size: 21,045 sq. ft. (0.48 acres)
Standard Allowed/Required Existinq Proposed
Setbacks (min):Front 29ft. 20 ft. 17 fr..Sides 15 ft. 29ft.121ft. 22ft.1 21ft.Rear: 15 ft. 53 ft. no change
Height (max.): 30 ft./33 ft.
Density (max): 2 dwellings 2 dwellings no change
GRFA (max): 7,286 sq. ft. 8,801 sq. ft. 9,270 sq. ft. (++Se sq.ft.)
Site coverage (max.): 4,209 sq. ft. 3,843 sq. ft. 4,488 sq. ft. (+S+S sq.ft.)
Landscape Area (min.): 12,627 sq. fl.
Parking (min.):
18A (West) 4 4 (2 enclosed) 4 (2 enclosed)
18B (East) 3 2 (1 enclosed)4 (2 enclosed)
VII. SURROUNDING LAND USES AND ZONING
Land Use Zonino North: Residential Two-Family Residential South: Mixed Use N/A (White River National Forest)East: Residential Two-Family Residential West Residential Two-Family Residential
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
A. Consideration of Factors Reoardinq Variances:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
This proposed addition is associated with a remodel of an existing
residence originally approved by the Design Review Board in 1976 with
construction completed in 1978. The applicant is proposing to construct a
garage addition that, due to the orientation of the structure to the property
line and Vail Valley Drive, encroaches three feet into the required 20 foot
front setback. In 1991, the Planning and Environmental Commission
approved a front setback variance to allow for the construction of an
additional garage bay to the east of the existing garages. This proposed
garage encroached 12.5 feet into the 20 foot setback; however, this
addition was never constructed. Therefore, Staff believes the proposed
2.
setback variance for this proposed garage addition will not Oe Oetrimentat
to the existing or potential uses and structures in the vicinity.
This proposed garage aOdition'will cause the structure to exceed the
maximum allowable site coverage for this property. However, the
proposed garage addition will increase the existing three car garage to a
four car garage (two spaces for each dwelling unit) which is one the
Town's development objectives encouraged by the Town's zoning
regulations. Therefore, Staff believes the proposed site coverage
variance necessary for this garage addition will not be detrimental to the
existing or potential uses and structures in the vicinity.
This existing residence currently exceeds the allowable GRFA for this site
by 1,506 sq. ft., which is 21o/o GRFA than is allowed for other residences
in the same zone district. The applicant is proposing the addition of a
new entry, elevator, and bedroom that will further increase the non-
conformity of this property. Should the Planning and Environmental
Commission choose to approve this request; the structure will exceed the
allowable GRFA by '1,972 sq. ft. This is 27% more GRFA than is allowed
for other residences in this same zone district. Staff does not believe
deviations from the GRFA regulations to this degree are in keeping with
the bulk/mass and general character of the Two-Family zone district.
Therefore, Staff does not believe the proposed GRFA variance request
and site coverage request associated with the proposed entry, elevator,
and bedroom are in keeping with the bulUmass and general character of
the neighboring properties.
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 applicant is proposing to construct a garage addition that, due to the
orientation of the structure to the property line and Vail Valley Drive,
encroaches three feet into the required 20 foot front setback. ln 1991, the
Planning and Environmental Commission approved a front setback
variance to allow for the construction of an additional garage bay to the
east of the existing garages. This proposed garage encroached 12.5 feet
into the 20 foot setback; however, this addition was never constructed.
Therefore, Staff believes the proposed setback variance is necessary to
achieve compatibility and uniformity of treatment among sites in the
vicinity or to attain the Town's development objectives. As the Planning
and Environmental Commission has historically approved several similar
setback variance requests, Staff does not believe approval of this request
will constiiute a grant of special privilege.
This proposed garage addition will cause the structure to exceed the
maximum allowable site coverage for this property. However, the
proposed garage addition will increase the existing three car garage to a
four car garage (two spaces for each dwelling unit) which is one the
B.
Town's development objectives encouraged by the Town's zoning
regulations. Therefore, Staff believes the proposed site coverage
variance necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity or to attain the Town's development objectives.
As the Planning and Environmental Commission has historically approved
several similar setback variance requests, Staff does not believe approval
of this request will constitute a grant of special privilege.
This existing residence currently exceeds the allowable GRFA for this site
by 1,515 sq. ft.; which is 21o/o more GRFA than is allowed for other
residences in the same zone district. The applicant is proposing the
addition of a new entry, elevator, and bedroom that will further increase
the non-conformity of this property. Should the Planning and
Environmental Commission choose to approve this request; the structure
will exceed the allowable GRFA by 1,981 sq. ft. This is 27o/o more GRFA
than is allowed for other residences in this same zone district. Staff does
not believe deviations from the GRFA regulations to this degree are in
keeping with the bulUmass and general character of the Two-Family zone
district. Therefore, Staff does not believe the proposed GRFA variance
request and site coverage request associated with the proposed entry,
elevator, and bedroom are in keeping with the bulUmass and general
character of the neighboring properties. Staff also believes approval of
the proposed GRFA variance request and site coverage request
associated with the proposed entry, elevator, and bedroom would be a
grant of special privilege. As this property already exceeds the maximum
allowable GRFA, so does not believe a further increase is appropriate.
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 does not believe this proposal will have a significant impact on the
public health, safety or welfare, public facilities, utilities, or light and air in
comparison to existing conditions of the site.
4. Such other factors and criteria as the commission deems applicable
to the proposed variance.
The design review application associated with this proposal is tentatively
scheduled for review by the Town of Vail Design Review Board at its July
6, 2005, public hearing.
The Planninq and Environmental Commission shall make the followinq findinqs
before qrantinq 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 district.
tx.
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 literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title.b. 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 same zone.c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
STAFF REGOMMENDATION
Setback Variance
The Community Development Department recommends approval, with a condition, of
a variance from Section 12-6C-6, Setbacks, pursuant to Chapter 12-17,Variances, Vail
Town Code, to allowfora residential addition, located at1448 Vail Valley Drive/Lot 18,
Block 3, Vail Village Filing 1, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria in Section Vlll of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Developmenl Department recommends the Commission pass
the following motion:
The Planning and Environmenta! Commission approves the appticantb reguest
for a variance from Sectlon 12-6C-6, Setbackg pursuant to Chapter 12- 17,
Variances, Vail Town Code, to allow for a residential garage addition, located at
1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and sefting forth
details in regard thereto, subject to the following condition:
1. This approval shall be contingent upon the applicant receiving Town of
Vail approval of the design review application assocrated with this variance
request.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes'
the following findings:
The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
rnconsrstent with the limitations on other properties c/assfed in the Two-Family
Residential DistricL
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to propefties or improvements in the vicinity.
3. Ihis variance is warranted for the following reasons.'
a. The strict literal interpretation o, "niorr"rrnt of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are exceptions or ertraordinary circumstances or condffions
applicable to the same site of the variance that do not apply generally to other
properties in the same distict.
c. The strict interpretation-or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the same distict.
Site Coveraoe Variance
The Community Development Department recommends approval, with a condition, of
a variance from Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances,
Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot
18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria in Section Vlll 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 applicanf's request
for a variance from Section 12-6C-9, Site Coverage, pursuant to Chapter 12- 17,
Variances, Vail Town Code, to allow for a residential garage addition, located at
1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting fotth
details in regard thereto, subject to the following condition:
1. This approval shall only be for the approximately 124 sq. ft. of additional
site coverage necessary for the construction of the proposed garage
addition, The additional site coverage granted by this variance shall not be
used fo accommodate the construction of anv other addition to this
structure.
2. This approval shall be contingent upon the applicant receiving Town of
Vail approval of the design review application assocr'ated with this variance
request.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
The Planning and Environmental Commission fnds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties c/assrfed in the Two-Family
Residential District.
2. 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.
3. This vaiance is warranted for the following reasons.'
a. The strict titerat interpretation or enforcement of the specified regulation
would result in practical difftculty or unnecessary physical hardship
rnconsisfenf with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the vaiance that do not apply generally to other
properties in the same district.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the same districL
Densitv Control Variance
The Community Development Department recommends dgnial of a variance from
Section 12-6C-8, Density Control, pursuant to Chapter 12-17, Yariances, Vail Town
Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block
3, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation
is based upon the review of the criteria in Section Vlll 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 denles the applicant's
reguest for a variance from Section 12-6C-8, Density Control, pursuant to
Chapter 12- 17, Variances, Vail Town Code, to allow for a residential
garage addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail
Village Filing 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission makes
the following findings:
l0
The Planning and Environmental Commission finds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties c/assfied in the Two-Family
Residential District.
2. The granting of this vaiance will not be detrimental to the public health,
safety, or welfare, or mateially injurious to propefties or improvements in the
vicinity.
3. Ihts variance is warranted for the following reasons.'
a. The strict literal interpretation or enforcement of the specified regulation
would not result in practical difftculty or unnece,ssary physical hardship
nconsisfenf with the objectives of Tiile 12, Zoning Regulations, Vail Town
Code.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the same district.
c. The stict interpretation or enforce'ment of the specified regulation would
not depive the applicant of privileges enjoyed by the owners of other
properties in the same districL
ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Site Photographs
D. Architectural Plans
E. Public Hearing Notice
11
Attachment: B
The duplex on Lot 18 was built in 1976. The owner of 18A is proposing to enlarge the
very small 3-car garage for 18A (2 spaces) and 188 (1 space), add a ground level entry
with elevator and a guest bedroom.
This proposal requires 3 variances:
FRONT SETBACKVARIANCE
The owner of 18A, with full support of the owner of 18B, is proposing expanding the
existing 681 .9 sq. ft. 3-car garage (2 cars for 18A and 1 car for 1 88) to 1 ,176.12 sq. ft.
for 4 cars. This addition meets the Town of Vail parking standards for 2ar garage per
unit. This addition requires the cooperation sf both owners and due to the existing
garage location, there is no other altemative for expanding. This variance is for the
northeast comer of the existing garage, expanding 2.5 feet to the north. This increases
the garage depth from 20 feet to 22.5 feet.
a. This variance improves the use for today's larger cars and updates the use
and appearance of the existing structure. The upgrades.are in keeping with
neighborhood standards.b. There is no other location for the garage expansion.
c. There is no effect on light and air.d. This is exactly what the Town of Vail planning policies and development
objectives encourages.
SITE COVERAGE VARIANCE: for 279.25 sq. ft.
Lot 18 allowable site coverage
Lot 18 proposed site coverage
Variance
4,209 sq. ft.
4.488.25 sq. ft.
279.25 sq. ft.
The proposal includes 155 sq. ft. for an entry and elevator for 18A and 490 sq. ft. for the
garage addition.
This variance improves the use and appearance of the existing structure.
The expanded garage meets the Town of Vail parking standards and
achieves compatibility with the neighborhood.
This variance does not affect light and air.
This variance meets the Town of Vail parking standards and complies with
the intent of the Town of Vail planning policies and development objectives.
P0 Box 3340 o Vail, Colorado 81658 . Phone:970-476-2201 . Fax: 970-476-749 1
a.
b.
c.
d.
GRFAVARIANCE: for 1,830.59 sq. ft. GRFA
Existing GRFAfor 18A and 188 8,647.44 sq. ft.
Allowable GRFA 7,285.85 sq. ft.
Proposed GRFAfor 18A and 188 9,116344 sq. ft.
This duplex has two levels below grade; the garage level and the mechanical room
level. The mechanical level is completely below grade. This level should not be
included in the GRFA calculations under the new Town of Vail planning objectives.
18A Mechanical Level GRFA 521.2 sq. ft.
188 Mechanical Level GRFA '1.272.6 sg' ft.
1,793.8 sq. ft. should be deleted
This would leave a 36.2 sq. ft. (1,830.5 [requested variance] - 1,793.8 sq. ft.) GRFA for
development improvement to a 3O-year old building for a ground level entry (the existing
is 2 levels up) and a new elevator and new guest room.
a. This variance request would have been included in the old 250 sq. ft. variance
for a non-conforming building. The remodeling and improvements of this
property is in keeping with the other structures in the vicinity.b. This variance and interpretation of the mechanical level is in keeping with the
intention of the Town of Vail planning objectives and the Town of Vail's
encouragement of upgrading 3O-year old properties.
c. This variance does not affect light and air.d. THIS IS EXACTLY THE INTENT OF THE NEW TOWN OF VAIL PLANNING
POLICIES AND DEVELOPMENT OBJECTIVES.
Ei
go oa
EgFE
6i bE
=E
Ei
;:li
F:33
,!
lr;
tit li.I$
llt |lt li!
llr
Ei ljrl
I:iE
r!il
Attachment:
I'
lr
[!
[8
il,'iiiri$lli$,ffift
3'sl
9l ,
!El
iE[r
I t\
!l il
1\'ri l
r[r I tr iii
iie
;lii 'h Yi
-' ii t,,is
k' li \t 'Y"' ll \1\ I + r k'.r' tl i -ffi1, =".i : !\'. i; :I!r
if ?''' ' \u"i >?\\ '\
l! t' -'^rr | 9l li'=
air| .r.J.Fo !A
'I d '.|..qqrrv . r4#oH Frs uoPe€
oowo]oc "ltv^
9Nt'il1 rsutJ A3't'lvn 'llvn'e y30]s '8! lo'I
NOll100V 3CN30|S3U NOSNSHdf, IS
I
-l a
I
f{
l.r
F 4l tl trl
$l
$l
\s
&
X
I
_l
!r
n'
A f t
s )
s
aart.F.to!^l€.tlt ata
'c d '!.qlFrY . t!Fq{ Fle uo9r'ot6
oovuo]o9 "ilv^
9Nl-tH Isutj A3'l'rv^ lvn'c yco'rs 'g! lo'l
NOUTOOV SCNeOtSf U NOSN3Hd3TS
f
t {l E
lr'
|lt
i4
i$
$t ri -+
$i
ci
tar -l
ET
€t _(.L
I
I
t_
,l
;i trl
--sft ili t
{T
*
I t t t
9-
-]*
- -.-,8
r||rtarrYr r4.uloll 6tt pt o a
'3 d 'lLlqcJv. n4tFol{ P(lt $DN.ls
oovuo]o3'ltv^
gNtlH lsutJ A3]-IVA -ilVA'e yCOl8 '8t IOl
NO|I100V tCN:tOtS3U NOSNllHdtrs
I s
*iut
'|{rl I !o"
fl$Nl '
|lor,.Fja r
'ca 'l.ourprv . r!{@H p|i€ riocridis
oovuolo9'-ilv^
9Nl'ltJ lsull A3'r-rv^ lrv^'8)|30-rs 'gt lo'l
NO|I|OOV 3CN30|S3U NOSNSHdf, rS
ll
I it
{.1
+
ih Ilt Il
I
+
TL
rl{tl ll
+
tf !t
i
i ii i-r rr- -r
i i il f-] n--
i
--.
I l\
&
sl
Fi \i
'l -l EI
s-l qI
.-l
tl
f_l
tl fl
*
fl
tl
rDl,artrv/r&n>04 !r{r-aor
'5d H$rY. ri?Fq{ B,t us.lous
oovuo'loc"ltv^I | |
eNf-rfrrsutJ A311v ltvn,Eyoo]s .81 lo'l \ffi12'|
NO|I|OOV 39N3O|S3U NOSN3t{d:trS | .--- *1 |
!
l-s
|{
-l 6i
$i \l \\l .t
s-l \ll I
ZI
I
Fi
trl!
ts:
--6-
I
:-
I
rarl.tl'li/ airl.tF5r^rsanr.laa 6-aoa
'5 d !.qiprv r ruqdofl F !.Fxot s
oovuolo3'rv I
oNrru rsurr Arlrv rvn'c ycore ,sr joj lwfi*al o-
Norloov3gN3orssu NosN3Hdsrs 1.1!a--#
q
3l
rl
I
t!
ti {f
r$i
\
B:
$-
I
I
'al
$l t
'q;
tl t
-I
rl
?
oI
$i \i \l
\t
\
i$aFlFa r rG.ria m-.od
'C d 'tF.,tFrt t lllflPoH Pr loFnoqs
oovuo-toc "ltvn
gNr-lll lsull A3'llv^ lrv^ 'c xcol8 '81 to-l
NO|IIOOV f 9N!O|SAU NOSNSI{d3IS
il
T
rl
tl
t
I -l ql
.l
€-
I
I
I
\
\
{l
t,
Fi
*i .l
+
/-1\v7
t ln l.rF fl!
iqrrl
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of lhe Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail rown code, on June 27, 2005, at 2:00 pm, in the Town of vail Municipal Building, in consideration of:
A request for a final review of an amended final plat, pursuant.to chapter 13-12,
Exemption Plat Review Procedures, Vail rown code, to aliow for an amenoment to an .
existing platted building envelope, located at 1463 Aspen Grove Lane/Lot gB, Lion's
Ridge Filing 4, and setting forth details in regard thereto.Applicant: Robert and Kristine selby, represented by John Martin Architect, LLc Planner: Bill Gibson
A request for final review of a floodplain modification, pursuant to chapter 14-6, Grading
standards, Vail Town code, to allow for the bridge reconstruction, located at the
Westhaven Drive Bridge and Pedestrian/Skier Bridge (a more complete description is
available at the Department of Community Development offices); and setting fortfi details
in regard thereto.
Applicant Cascade Village Metropolitan District, represented by Lonco, Inc.Planner: Bill Gibson
.
r. .,
A request for a final review of a variance from Section 12-6C-6, Setbacks, Section 12- fiil>6c-8, Density control, and section 12-6c-9, site coverage, pursuant to chapter 12-17, -lql7,Variances, Vail Town Code, to allow for b residential addition, located at 1448 Vail Valley -', ..
Drive/Lot 18, Block 3, VailVillage Filing 1, and setting forth details in regard thereto. l$lu
Attachment E
Robert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects
BillGibson
,Applicant:
Plannen .
A request for a final review of a conditional use permit, pursuant to section 1z-7H4,
Permitted and conditional Uses; second Floor and Above, Vail rown code, to allow for , a professional office and studio, located at 450 East Lionshead Circle (Treetops
Building), Lot 6, Vail Lionshead Filing 1, and setting forth details in regard thereto.Applicant Vail Resorts, represented by Braun Associates, Inc.Plannen Bill Gibson
A request for a final review of a conditional use permit, pursuant to Section 12-gC-3,
Parking, Vail Town Code, to allow for a revision to the approved parking plan at the Vail
Valley Medical Center, located at 181 East Meadow Drive/Lots E and F, Vail Village
Filing 2,,and setting forth details in regard thereto.Applicant Vail Valley Medical Center, represented by Mauriello Planning Group,
LLC Planner: Matt Gennett
Attachment: B
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
June 27,2005 (Excerpt)
5. A request for a final review of a variance from Section 12-6C-6, Setbacks, Section
12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-
17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail
ValleyDrive/Lot18, Block 3, Vail Village Filing 1, and setting forth details in regard
thereto.
ApplicantRobert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects
Planner: Bill Gibson
ACTION: Tabled to July 11, 2005
VOTE:6-0-0 MOTION: Viele SECOND: Kjesbo
Bill Gibson presented the project according to the memorandum.
Pam Hopkins introduced the project. She explained the scope, background, and
reasoning for project.
John Schofield further explained the variance requests, adding that some
discrepancy regarding the GRFA could be related to the fact that the methods for
calculating GRFA within the Town have changed many times. He commented that a
similar setback variance had been granted for this lot and similar site coverage and
GRFA variances had been approved for other lots. He explained how he believed
the below grade portions of the house should not count as GRFA.
No public comment was added.
Bill Jewitt commented that he was in opposition to constructing an additional
bedroom through a GRFA variance. Regarding the lowest level basement argument,
he mentioned his support of changing the GRFA regulations. However, Regardless,
his opposition to a GRFA variance remains. Regarding site coverage, he had some
difficulty in determining the hardship that was used to constitute a variance from the
regulations.
Rollie Kjesbo agreed that any square footage below grade should not be calculated
as GRFA. However, the currently non-conforming state of the residence's GRFA
should not allow a variance for further non-conformity. Regarding the site coverage
variance request, the fact that the residence was built within the Town of Vail
negated a request for such a variance.
George Lamb agreed with the Commissioners who had already spoken, stating his
faith in Staffs calculations. In terms of site coverage, he expressed interest in site
coverage variances which were granted to properties that were built in the Town and
according to Town regulations. The parking situation would be improved by the
construction of a garage, however. He was in favor of some solution, but thought
that it should not include increased GRFA.
. David Viele commented that he was not necessarily in agreement with the new
GRFA regulations. However, the applicant did not show a hardship that warranted a
variance from such regulations.
Chas Bernhardt commented that he would like to see the item tabled and proposed
somewhat differently at the following meeting.
John schofield added that perhaps simply an entry elevator and a garage could
remain a part of the proposal.
Bill Gibson clarified that the elevator would be calculated as GRFA on each level of
the structure.
Bill Jewitt commented that the GRFA request may be more palatable if the site
coverage variance was eliminated.
Pam Hopkins replied lhat one of the Town's wishes was to enclose parked vehicles.
John Schofield said that site coverage was available upon the lot for a garage and
the entry elevator.
Doug Cahill asked if the applicant would be willing to table the item, to which the
applicant replied affi rmatively.
TO:
FROM:
DATE;
SUBJECT:
Attachment: C
MEMORANDUM
Planning and Environmental Commission
Community Development Department
July 25, 2005
A request for a final review of a variance from Section 12-6C-6, Setbacks,
Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant
to Chapter 12-17,Yariances, Vail Town Code, to allow for a residentjal addition,
located at 1448 Vail Valley Drive/Lot 1 8, Block 3, Vail Village Filing 1 , and setting
forth details in regard thereto. (PEC05-0047) r
Applicant:
Planner:
Robert Stephenson, Jr. and John Schofield, represented by
Snowdon & Hopkins Architects
BillGibson
il.
SUMMARY
The applicants, Robert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects, are requesting a variance from Section 12-6C-6, Setbacks, Section
12-GC-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-
'17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail
Valley Drive/Lot 18, Block 3; Vail Village Filing 1.
Based upon Staffs review of the criteria in Section Vlll of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of the setback variance request; denial, of
the site coverage variance request; and denial of the GRFA variance request
subject to the findings noted in Section lX of this memorandum.
DESCRIPTION OF REQUEST
On June 20, 2005, the Planning and Environmental Commission reviewed the
applicants' proposal to construct a garage addition and widen the driveway for Units 18A
(Stephenson) and 18B (Schofield); plus construct a new entry, elevator, and bedroom
addition and a new exterior stair case for Unit 18A. This previous proposal required
variances from the setback, site coverage, and GRFA standards of the Two-Family
Residential District. The Commission was generally supportive of the setback variance
request; however, the Commission was not favorable toward the requested GRFA and
site coverage variances. Since that meeting, the applicant has amended the proposal
by eliminating the proposed bedroom addition and extending the elevator to all floors of
the building.
The applicants, Robert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects, are proposing to construct a garage addition to Units 18A
(Stephenson) and 188 (Schofield); plus a new entry and elevator addition to Unit 18A.
The new garage addition will widen the existing three car garage to the west to create a
four car garage (two spaces per dwelling unit). To the west of the proposed garage
1il.
addition the applicant is proposing to construct a new 100 sq. ft. single-story front entry
room with a 45 sq. ft. five-story elevator addition (total of 225 sq.ft.). The applicant is
also proposing to widen the existing driveway and construct a new exterior stair from the
driveway to the third-floor entry to Unit 18A.
The applicant is requesting a 2/z encroachment into the front setback, a GRFA variance
for an additional 325 sq. ft. (the structure cunently exceeds the allowable GRFA limits),
and a site coverage variance for an additional 129 sq. ft. The applicant's revised
architectural drawings have been attached for reference (Attachment A).
BACKGROUND
This two-family residence was originally approved by the Design Review Board in 1976
and construction was completed in 1978, The original approved architectural plans
bfend the overlapping garage level (finished floor elevation 8267') and the mechanical
fevel (finished floor elevation 8277') into one "basement plan" even though these levels
are separated by a floor-to-floor measurement of 10 feet. According to the Town of
Vail's records, this structure was originally allowed 5,261 sq. ft. of GRFA. However,
5,49'l sq. ft. of GRFA was constructed and a final certificate of occupancy was issued.
Therefore, in 1978 this structure exceeded the allowable GRFA by 230 sq. ft. lt is
unclear how the GRFA was calculated for this structure at that time.
At some point in time a party wall was constructed to separate the garage level parking
spaces, and a portion of the garage level located directly below the storage room on the
mechanical level was converted from a parking space into a storage room (i.e. GRFA).
On June 24, 1991, the Planning and Environmental Commission approved a front
setback variance to allow for the construction of an additional garage bay to the east of
the existing garages. This proposed garage encroached 12.5 feet into the 20 foot
setback; however, this addition was never constructed. Even though the Town's GRFA
regulations had been amended several times since 1978, GRFA calculations were not
done at the time of this variance approval.
In 1999, allowed and existing GRFA calculations were conducted. According to Town of
Vail records, the allowable GRFA in 1999 for this lot was 5,205 sq. ft., plus each unit was
eligible for one "250 Addition" for a total of 5,705 sq. ft. However, the existing GRFA
calculations (including a "250 Addition" for the Schofield residence) were 6,393 sq. ft.
Therefore in 1999, this structure exceeded the allowable GRFA calculations by 1,'188 sq.
ft. and 688 sq. ft. when two "250 Additions" were included in the calculations. lt is
unclear how the GRFA was calculated in 1999, but it appears that no portion of the
garage level or mechanical level (shown on a single "basement plan" drawing) was
counted as GRFA; even though the entire mechanical level qualified as GRFA and the
unapproved garage level storage room also qualified as GRFA. Recalculating the
garage and mechanical levels using 1999 GRFA methods, the stiucture has 7,500 sq. ft.
of GRFA. Therefore, in 1999 this structure exceeded the allowable GRFA (plus two "250
Additions") by 1,795 sq. ft.
In 2004, the Town's GRFA regulations were again amended. Under these new
regulations, this property is now allowed 7,286 sq. ft. of GRFA. The existing structure,
including the appropriate portions of the garage level and the appropriate portions of the
mechanical level, has 8,801 sq. ft. of GRFA. The existing structure exceeds today's
allowable GRFA by 1,515 sq. ft. The applicant is currently proposing to add an
additional 466 sq. ft. of bedroom, entry, and elevator GRFA, thus proposing to exceed
the current GRFA limits by 1,981 sq. ft. (approximalely 27o/o).
On June 20, 2005, the Planning and Environmental Commission reviewed the
applicants' proposal to construct a garage addition and widen the driveway for Units 18A
(Stephenson) and 18B (Schofield); plus construct a new entry, elevator, and bedroom
addition and a new exterior stair case for Unit 18A. This previous proposal required
variances from the setback, site coverage, and GRFA standards of the Two-Family
Residential District. The Commission was generally supportive of the setback variance
request; however, the Commission was not favorable toward the requested GRFA and
site coverage variances. The applicant has since amended this proposal by eliminating
the proposed bedroom and extending the proposed elevator to all five stories.
IV. ROLES OF REVIEW]NG BODIES
' Order of Review: Generally, variance applications will be revidwed by the Planning and
Environmental Commission, and then any accompanying design review application will
be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval
with modifications, or denial of a variance application, in accordance with Chapter 12-1 7,
Variances, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or
Design Review Board. The Town Council may also call up a decision of the Planning
and Environmental Commission andior Design Review Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12-6C: Two-Family Residential (R) District (in part)
12-6C-1: PURPOSEi
The two-family residential district is intended to provide sites for /ow
density single-family or two-family residential uses, together with such
public facilities as may be appropriately located in the same 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 slfes by establishing appropriate site development
standards.
12-6C-6: SEIBACKS:
ln the R district, the minimum front setback shall be twenty feet (20'), the
minimum srde setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15').
1 2-6C-8: DENS/ry CONTROL:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing
/ofs /ess than fourteen thousand (14,000) square feet.
8. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on
each sife:
a. Not more than forty six (46) square feef of gross residential floor
area (GRFA) for each one hundred (100) square feet of the first
ten thousand (10,000) square feet of site arqa; plus
b. Thirty eight (38) square feet of gross resrdential floor area
(GRFA) for each one hundred (100) square feet of site area over
ten thousand (10,000) square feet, not exceeding fifteen thousand
(15,000) square feet of slte area; plus
c. Thifteen (13) square feet of gross residential floor area (GRFA)
for each one hundred (100) square feet of site area over fifteen
thousand (15,000) square feet, not exceeding thirty thousand
(30,000) square feet of site area; plus
d. Six (6) square feet of gross resrdential floor area (GRFA) for
each one hundred (100) square feet of site area in excess of thirty
thousand (30,000) square feet.
1 2-6C-9: SITE COVERAGE:
Site coverage shall not exceed twenty percent (20%) of the total site area.
Chapter 12-17:Yariances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: ln orderto prevent orfo /essen 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 strucfures thereon; from topographic or physical
conditions on the slte or in the immediate vicinity; or from other physical
limitations, street locations or conditions in the immediate vicinity. Cosf or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
VI. SITE ANALYSIS Address: 1448Yail Valley Drive
Legal Description: Lot 18, Block 3, Vail Valley Filing 1 Zoning: Two-Family Residential
Land Use Plan Designation: Low Density Residential
Current Land Use: Two-Family Dwelling
Lot Size: 21,045 sq. ft. (0.48 acres)
Standard Allowed/Reouired Existino Proposed
Setbacks (min):
Front 20 ft. 20 ft: 17.5 tt.Sides 1 5 ft. 29 ft.l 21 ft. 22 ft.l 21 ft.Rear: 15 ft. 53 ft. no change
Height (max.): 30 ft./33 ft.
Density (max): 2 dwellings 2 dwellings no change
GRFA (max): 7,286 sq. ft. 8,801 sq. ft. 9,126 sq. ft. (+gZS sq.ft.)
Site coverage (max.): 4,209 sq. ft. 3,843 sq. ft. 4,338 sq. ft. (+495 sq.ft.)
Parking (min.):
18A (West) 4 4 (2 enclosed)4 (2 enclosed) n4
18B (East) 3 2 (1 enclosed)4 (2 enclosed) l.,'
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq North: Residential Two-Family Residential South: Mixed Use N/A (White River National Forest)East: Residential Two-Family Residential West: Residential Two-Family Residential
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
A. Consideration of Factors Reqardinq Variances:
1.The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
This proposed addition is associated with a remodel of an existing
residence originally approved by the Design Review Board in 1976 with
construction completed in 1978. The applicant is proposing to construct a
garage addition that, due to the orientation of the structure to the property
line and Vail Valley Drive, encroaches 2Tz feet into the required 20 foot
front setback. In 1991 , the Planning and Environmental Commission
approved a front setback variance to allow for the construction of an
additional garage bay to the east of the existing garages. This proposed
garage encroached 12.5 feet into the 20 foot setback; however, this
addition was never constructed. Therefore, Staff believes the proposed
setback variance for this proposed garage addition will not be detrimental
to the existing or potential uses and structures in the vicinity.
The proposed garage, entry, and elevator additions will cause the
structure to exceed the maximum allowable site coverage for this property
by 129 sq. ft. Additionally, this existing residence currently exceeds the
allowable GRFA for this site by 1,515 sq. ft., which is 21o/o GRFA than is
allowed for other residences in the same zone district. The applicant is
proposing the addition of a new entry and elevator that will further
increase the non-conformity of this property. Should the Planning and
Environmental Commission choose to approve this request; the structure
will exceed the allowable GRFA by 1,840 sq. ft. This is 25% more GRFA
than is allowed for other residences in this same zone district. Staff does
not believe deviations from the GRFA regulations to this degree are in
keeping with the bulk/mass and general character of the Two-Family zone
district. Therefore, Staff does not believe the proposed GRFA variance
request and site coverage request are in keeping with the bulUmass and
general character of the neighboring properties.
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 applicant is proposing to construct a garage addition that, due to the
orientation of the structure to the property line and Vail Valley Drive,
encroaches 2%feet into the required 20 foot front setback. In 1991 , the
Planning and Environmental Commission approved a front setback
variance to allow for the construction of an additional garage bay to the
east of the existing garages. This proposed garage encroached 12.5feet
into the 20 foot setback; however, this addition was never constructed.
Therefore, Staff believes the proposed setback variance is necessary to
achieve compatibility and uniformity of treatment among sites in the
vicinity or to attain the Town's development objectives. As the Planning
and Environmental Commission has historically approved several similar
setback variance requests, Staff does not believe approval of this request
will constitute a grant of special privilege.
2.
?
This existing residence currently exceeds the allowable GRFA for this site
by 1,515 sq. ft.; which is 21% more GRFA than is allowed for other
residences in the same zone district. The applicant is proposing the
addition of a new entry, elevator, and bedrosm that will further increase the non-conformity of this property. Should the Planning and
Environmental Commission choose to approve this request; the structure
will exceed the allowable GRFA by 1,840 sq. ft. This is 25% more GRFA
than is allowed for other residences in this same zone district. Staff does
not believe deviations from the GRFA regulations to this degree are in
keeping with the bult</mass and general character of the Two-Family zone
district. Therefore, Staff does not believe the proposed GRFA variance
request and site coverage request associated with the proposed entry,
elevator, and bedroom are in keeping with the bulUmass and general
character of the neighboring properties. Staff also believes approval of
the proposed GRFA variance request and site coverage .request
associated with the proposed entry, elevator, and bedroom would be a
grant of special privilege. As this property already exceeds the maximum
allowable GRFA, so does not believe a further increase is appropriate.
The proposed garage, entry, and elevator additions will cause the
structure to exceed the maximum allowable site coverage for this property
by 129 sq. ft. Since the proposed garage addition can be constructed
without a site coverage variance, Staff does not believe the proposed site
coverage variance is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the Town's development
objectives.
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 does not believe this proposal will have a significant impact on the
public health, safety or welfare, public facllities, utilities, or light and air in
comparison to existing conditions of the site.
Such other factors and criteria as the commission deems applicable
to the proposed variance.
On June 20, 2005, the Planning and Environmental Commission
reviewed the applicants' proposal to construct a garage addition and
widen the driveway for Units 18A (Stephenson) and 188 (Schofield); plus
construct a new entry, elevator, and bedroom addition and a new exterior
stair case for Unit 18A. This previous proposal required variances from
the setback, site coverage, and GRFA standards of the Two-Family
Residential District. The Commission was generally supportive of the
setback variance request; however, the Commission was less favorable
toward the requested GRFA and site coverage variances. The applicant
has since amended this proposal by eliminating the proposed bedroom
and extending the proposed elevator to all five stories.
4.
tx.
B. The Planninq and Environmental Commission shall make the followino findinos
before qrantinq 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 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 literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title,b. 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 same zone.c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
STAFF RECOMMENDATION
Setback Variance
The Community Development Department recommends approval, with a condition, of
a variance from Section 12-6C-6, Setbacks, pursuant to Chapter 12-17,Yariances, Vail
Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18,
Block 3, Vail Village Filing 1, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria in Section Vlll 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 applicant's reguest
for a variance from Sectlon 12-6C-6, Sefbackg pursuant to Chapter 12- 17,
Variances, Vail Town Code, to allow for a residential garage addition, located at
1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth
details in regard thereto, subject to the following condition:
1. This approval shall be contingent upon the applicant receiving Town of
Vail approval of the design review application assocrated with this variance
request.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
The Planning and Environmental Commission fnds;
1. The granting of this variance will not consfltute a granting of special prtvilege
rnconsrstent with the limitations on other properties c/asslfred in the Two-Family
Residential District.
2. The granting of this variance witl not be detimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity.
3. This variance is warranted for the following reasons.'
a. The strict literal interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
propefties in the same district.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the same district.
9ite Coveraoe Variance
The Community Development Department recommends denial of a variance from
Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17,Yariances, Vail Town Code,
to allow for a residential addition, located al 1448 Vail Valley Drive/Lot 18, Block 3, Vail
Village Filing 1, and setting forth details in regard thereto. This recommendation is
based uoon the review of the criteria in Section Vlll 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 denr'es the applicant's request for
a variance from Section 12-6C-9, Site Coverage, pursuant to Chapter 12- 17,
Variances, Vail Town Code, to allow for a residential garage addition, Iocated at
1448 Vail Valley Drive/Lot 18, Block 3, 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 makes
the following findings:
The Planning and Environmental Commission finds:
1. The granting of this variance will constitute a granting of special privilege
rnconsisfent with the limitatioins on other properfies c/assifed in the Two-Family
Residential District.
2. The granting of this variance will not be detrimental to the public heatth,
safety, or welfare, or materially injurious to prcperties or improvements in the
vicinig.
3. Ih,'s variance is warranted for the following reasons;
a. The strict literal interpretation or enforcement of the specified regulation
would not result in practical difficulty or unnecessary physical hardship
rnconsr'sfent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
propefties in the same district.
c. The strict interpretation or enforcement of the specified regulation would
not deprive the applicant of privileges enjoyed by the owners of other
properties in the same district.
Densitv Control Variance
The Community Development Department recommends denial of a variance from
Section 12-6G8, Density Control, pursuant to Chapter 12-17, Yariances, Vail Town
Code, to allowfora residential addition, located aI 1448 Vail Valley Drive/Lot 18, Block
3, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation
is based upon the review of the criteria in Section Vlll 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 Envirohmental Commission denies the applicant's
request for a variance from Section 12-6C-8, Density Control, pursuant to
Chapter 12- 17, Variances, Vail Town Code, to allow for a residential
garage addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail
Village Filing 1, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission makes
the following findings:
l0
The Ptanning and Environmental Commis;sion finds:
1. The granting of this variance will cons0tute a granting of special privilege
inconsistent with the limitations on other properties c/asslfled in the Two-Family
Residential District.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or mateially injuious to properties or improvements in the
vicinity.
3. Ihrs variance is warranted for the following reasons.'
a. The strict literal interpretation or enforcement of the specified regulation
would not result in practical difficulty or unnecessary physical hardship
rnconsisfenf with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
propefties in the same district
c. The strict interpretation or enforcement of the specified regulation would
not deprive the applicant of privileges enjoyed by the owners of other
properties in the same districL
X. ATTACHMENTS
A. Amended Architectural Plans
ll
ii \
.i
5
F
1\
I I
N iJi\
l$
?
1
i (\
ut ii l(
I
r9 \'
rlS l\!it -[
l* \$
SI -r fi
i
I
q
I
L
Attachment A
*. siepHENSoN / scoFlELD RESIDENcE ADDlrloN Sno$don snd Hopkins ' Archltecls. P C'
F :-::,-=.-rro1:1''15"' LOT 18, BLoCK 3, VAIL VALLEV FIRST FILING -.
=*s'-Di;f
'- I LL, I I ot E'l-rrtv!\ t,'- s':e,,"o! i vatu, coLoRADo I
I
t^
ry
t
N
,N
h-Ii$
'ts
itr
I
ld.
3
in\i\l*
IL
t$
dlS
lrs tr
!- - --------J
{1
.---- .- -i I
q ! lrr E r. tt '.. t!'iI :\t' i
-:- ----t l* E rG*l! ,!
t$
|"r l'r ill q=
!L'i
I
I
*:3-lS?:
od? 07.10'S!
nEvdEDPEc I suEMnrAL I
STEPTTENSON / SCOFIELD RESIDENCE ADDITION I Snowdon and Hopklnr Adtftecrs' P C. ;
ii:3ftSl,* lff:l$Si '
I D
N LOT {8, BLOCK 3, VAIL VALLEY FIRST FILING
VAIL, COLORADO
I
{s
I !
F
I
t
{I
f;
D
gl
STEPHENSON / SCOFIELD RESIDENCE ADDITION
LOT I8, BLOCK 3, VAIL VALLEY FIRST F]LING
VAIL, COLORADO
Sno*dd|.nd HopkhB . Ardtt cl8, P.C. l ?O,ar!a rD.ttr,r I v.l. Cdcrdoallta Frl4tlta'| |
I
I
l'th
:(\tn t;
ls
r7
t..tc
,p l$lr It\
xe.
I Jcbr|,l!.r 25m
, orr |}'-1u05
; REVISEDFEC . srjoumar i
STEPHENSON / SCOFIELD RESIDENCE ADDITION
LOT {8, BLOCK 3, VAIL VALLEY FIRST FILING
vAtL, coLoRADo
i Sn*o-.no xod,itt. Ad .d!, P.c. ;
i r,oEdllra lto.at!.tlil lv.|,cot baltt FAr(atLt{ei D
$
t-
l+ir\| .-i
I rN\
I.$
is Itr r.e
t\\It
E$ur
tst tx
i
I
I
I
I
I
I
D
ul
STEPHENSON / SCOFIELD RESIDENCE ADDITION
LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING
VAIL, COLORADO
Snoudon and Hopkins ' Archit€ctt. P.C ;
P.O tc.!r40 ,r.r..16.20r
V.!, C.lsrrolra!| r,l)( a?6 tlol
l=lc\
I'N
iT
I ls '1-
rs
IV
lcr l+N-
-tI
d-l
I
I
I
.r1I
fl$
t
t-F
l!
YC
'I
I
. ' ta l",,ru' 2507 :
i >;{; -@ i o :ii$:Eli'" I
I
STEPHENSON / SCOFIELD RESIDENCE ADDITION
LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING
VAIL, COLORADO
Snolvdon ond flopkih6 . Ardrilecl6, P.C.
P O. as 31.0 cr0-.tr.2r0'
v.rl. Crlor.do lttt Fri.lll.taor
I -1*
I
*l .JIF
t:lii
tn tn tl t-
I
I
I -q'
I
{
st'$)l?*c 1r t\it
I
I
Rti
E$l\i
n
m
-'l
;
I
I
I
I
I
I
ia-lNl-
i\
lrt ir l1\\ri<
!-t!
-fi
i
| , .rooru'oa 250?
|
' > !"i-----*':r;,-r ,iifffifff'
l!
STEPHENSON / SCOFTELD RESIDENCE ADDITION
LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING
VAIL, COLORADO
Snor,{don Bnd Hoplins . Alchitqcts, P.C.
,
P.O.9on:|it/t0 0704t6 2?01 :
vnr, cobrlc !r06i F^t,l?l-t.l9l I
Attachment D
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
July 25, 2005 (Excerpt)
4. A request for a final review of a variance from Section 12-6C-6, Setbacks, Section
12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-
17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail
ValleyDrive/Lot18, Block 3, Vail Village Filing 1, and setting forth details in regard
thereto.
Applicant Robert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects
Planner: Bill Gibson
ACTION: Motion to approve variance for setbacks
MOTION: Viele SEGOND: Bernhardt VOTE:5-0-0
ACTION: Motion to approve variance for site coverage
MOTION: Bernhardt SECOND: Viele VOTE: 4-1-0 (Jewitt opposed)
ACTION: Motion to approve variance for GRFA
MOTION: Viele SECOND: Bernhardt VOTE: 4-1-0 (Jewitt opposed)
Additional finding that this variance approval is for an elevator and an elevator
entry.
Bill Gibson presented an overview of the proposal and the staff memorandum.
Pam Hopkins and John Schofield presented the variance requests and their
reasoning for the requests.
Commissioner Jewitt was supportive of the setback variance, but not the site
coverage or GRFA variances.
Commissioner Viele agreed with the applicant that more changes are needed to
GRFA regulations, but noted that John Schofield was directly involved in the most
recent changes in the GRFA regulationS, He noted his personal belief that anything
below grade should not count as GRFA,
Commissioner Bernhardt agreed that the regulations adopted by the Town Council
gave basement deductions to only the lowest level of a house. However, he believes
the applicant's proposal meets the intent of the law and is being evaluated in a site
specific situation.
Commissioner Cahill noted his concern about precedgnt and his support for
variances for the garage.
Attachment E
THIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in
accordance with Section 12-3-3, Vail Town Code, on Tuesday, September 6, 2005, at 6:00 PM in
the Town of Vail Municipal Building, in consideration ot
ITEM/TOPIC:
An appeal, pursuantto Section 12-3-3,Appeals, Vail Town Code, of the Town of Vail Planning and
Environmental Commission's approval of a variance from Section 1 2-6C-6, Setbacks, Section 12-
6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17 ,Variances,
Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 1 8, Block 3,
Vail Village Filing 1, and setting forth details in regard thereb.
Appellant Robert Stephenson, Jr. and John Schofeld, represented by Snowdon and
Hopkins Architects Planner: Bill Gibson
The applications and information about the proposals are avaihble for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend project orientation and the site tsits that precede the public
hearing in the Town of Vail Community Development Department. 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 lmpaired, br information,
TO:
FROM:
DATE:
SUBJECT:
Ptanning and Environm"ffi
Community Development Department
June 27,2005
A request for a final review of a variance from Section 12-6C-6, Setbacks,
Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant
to Chapter 12-17,Variances, Vail Town Code, to allow for a residential addition,
located al 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1 , and setting
forth details in regard thereto. (PEC05-0047)
Applicant Robert Stephenson, Jr. and John Schofield, represented by
Snowdon & Hopkins Architects Planner: Bill Gibson
il.
SUMMARY
The applicants, Robert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects, are requesting a variance from Section 12-6C-6, Setbacks, Section
12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-
17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail
Valley Drive/Lot 18, Block 3, Vail Village Filing 1.
Based upon Staff's review of the criteria in Section Vlll of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of the setback variance request; approval,
with conditions, of the site coverage variance request; and denial of the GRFA
variance request subject to the findings noted in Section lX of this memorandum.
DescnrproH or neeuesr
The applicants, Robert Stephenson, Jr. and John Schofield, represented by Snowdon &
Hopkins Architects, are proposing to construct a garage addition to Units 18A
(Stephenson) and 188 (Schofield); plus a new entry, elevator, and bedroom addition to
Unit 18A. The new garage addition will widen the existing three car garage to the west
to create a four car garage (two spaces per dwelling unit). Above this garage addition
the applicant is proposing to construct a new 272 sq. ft. bedroom and bathroom. To the
west of the proposed garage addition the applicant is proposing to construct a new 110
sq. ft. single-story front entry room with a 42 sq. ft. three-story elevator addition. The
applicant is also proposing to widen the existing driveway and construct a new exterior
stair from the driveway to the third-floor entry to Unit 18A.
The proposed garage addition to Units 18A and 188 encroaches into the front setback
and exceeds the allowable site coverage for this property. The proposed entry and
elevator on Unit 18A exceed both site coverage and GRFA, and the bedroom addition
also exceeds the allowable GRFA.
1il.
A vicinity map (Attachment A), site photographs (Attachment B), a more detailed
description of the applicant's request (Attachments C), and the proposed architectural
plans (Attachment D) have been attached for reference.
BACKGROUND
This two-family residence was originally approved by the Design Review Board in 1976
and construction was completed in 1978. The original approved architectural plans
blend the overlapping garage level (finished floor elevation 8267') and the mechanical
levef (finished floor elevation 8277') into one "basement plan" even though these levels
are separated by a floor-to-floor measurement of 10 feet. According to the Town of
Vail's records, this structure was originally allowed 5,261 sq. ft. of GRFA. However,
5,491 sq. ft. of GRFA was constructed and a final certificate of occupancy was issued.
Therefore, in 1978 this structure exceeded the allowable GRFA by 230 sq. ft. lt is
unclear how the GRFA was calculated for this structure at that time.
At some point in time a party wall was constructed to separate the garage level parking
spaces, and a portion of the garage level located directly below the storage room on the
mechanical level was converted from a parking space into a storage room (i.e. GRFA).
On June 24, 1991, the Planning and Environmental Commission approved a front
setback variance to allow for the construction of an additional garage bay to the east of
the existing garages. This proposed garage encroached 12.5 feet into the 20 foot
setback; however, this addition was never constructed. Even though the Town's GRFA
regulations had been amended several times since 1978, GRFA calculations were not
done at the time of this variance approval.
In 1999, allowed and existing GRFA calculations were conducted. According to Town of
Vail records, the allowable GRFA in 1999 for this lot was 5,205 sq. ft., plus each unit was
eligible for one "250 Addition" for a total of 5,705 sq. ft. However, the existing GRFA
calculations (including a "250 Addition" for the Schofield residence) were 6,393 sq. ft.
Therefore in 1999, this structure exceeded the allowable GRFA calculations by 1,'188 sq.
ft. and 688 so. ft. when two "250 Additions" were included in the- calculations. lt is
unclear how the GRFA was calculated in 1999, but it appears that no portion of the
garage level or mechanical level (shown on a single "basement plan" drawing) was
counted as GRFA; even though the entire mechanical level qualified as GRFA and the
unapproved garage level storage room also qualified as GRFA. Recalculating the
garage and mechanical levels using 1999 GRFA methods, the structure has 7,500 sq. ft.
of GRFA. Therefore, in 1999 this structure exceeded the allowable GRFA (plus two '250
Additions") by 1,795 sq. ft.
In 2004, the Town's GRFA regulations were again amended. Under these new
regulations, this property is now allowed 7,286 sq. ft. of GRFA. The existing structure,
including the appropriate portions of the garage level and the appropriate portions of the
mechanical level, has 8,801 sq. ft. of GRFA. The existing structure exceeds today's
allowable GRFA by 1,5,|5 sq. ft, The applicant is currently proposing to add an
additional 466 sq. ft. of bedroom, entry, and elevator GRFA, thus proposing to exceed
the current GRFA limits by 1,981 sq. ft. (approximately 27%).
This proposal is scheduled for review by the Design Review Board at its July 6, 2005,
public hearing.
tv.ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the Planning and
Environmental Commission, and then any accompanying design review application will
be reviewed by the Design Review Board.
Planning and Environmental Gommission:
The Planning and Environmental Commission is responsible for final approval, approval
with modifications, or denial of a variance application, in accordance with Chapter 12-17,
Variances, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or
Design Review Board. The Town Council may also call up a.decision of the Planning
and Environmental Commission and/or Design Review Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Gode. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12-6C: Two-Family Residential (R) District (in part)
12-6C-1: PURPOSE:
The two-family residential district is intended to provide sites for low
density single-family or two-family residential uses, fogether with such
public facilities as may be appropriately located in the same 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 sifes by establishing appropriate site development
standards.
V.
12-6C-6: SEIBACKS;
ln the R district, the minimum ftont setback shall be twenty feet (20'), the
minimum side setback shall be fifteen feet (15'), and the minimum rear
setback shall be fifteen feet (15').
1 2-6C-8: DENSITY CONIROL;
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permifted on each site with only one dwelling unit permitted on existing
/ots /ess than fourteen thousand (14,000) square feet.
B. Gross Residential Floor Area:
1. The following gross residential floor area (GRFA) shall be permitted on
each site:
a. Not more than forty six (46) square feet of gross residential floor
area (GRFA) for each one hundred (100) square feet of the first
ten thousand (10,000) square feet of site area; plus
b. Thitly eight (38) square feet of gross resrdential floor area
(GRFA) for each one hundred (100) square feet of site area over
ten thousand (10,000) square feet, not exceeding fifteen thousand
(1 5,000) square feet of site area; plus
c. Thirteen (13) square feef of gross residential floor area (GRFA)
for each one hundred (100) square feet of site area over fifteen
thousand (15,000) square feet, not exceeding thirty thousand
(30,000) square feet of site area; plus
d. Six (6) square feet of gross resrdential floor area (GRFA) for
each one hundred (100) square feet of site area in excess of thirty
thousand (30,000) square feet.
1 2-6C-9: SITE COVERAGE:
Site coverage shall not exceed twenty percent (20%) of the total site area.
Chapter 12-17:Variances (in part)
12-17-1 : Purpose:
4. Reasons for Seeking Variance: ln orderto prevent orfo /essen such practica!
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.
VI. SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation:
Current Land Use:
Lot Size:
1448Yail Valley Drive
Lot 18, Block 3, VailValley Filing 1
Two-Family Residential
Low Density Residential
Two-Family Dwelling
21,045 sq. ft. (0.48 acres)
Standard
Setbacks (min):
Front:
Sides
Rear:
Height (max.):
Density (max):
GRFA (max):
Allowed/Reouired
Site coverage (max.):
Landscape Area (min,):
Parking (min.):
18A (West)
188 (East)
vil.SURROUNDING LAND USES AND ZONING
30 ft./33 ft.
2 dwellings 2 dwellings no change
7,286 sq. ft. 8,801 sq. ft. 9,270 sq. ft. (++eS sq.ft.)
4,209 sq. ft. 3,843 sq. ft. 4,488 sq. ft. (+S+S sq.ft.)
12,627 sq. ft.j
4 4 (2 enclosed) 4 (2 enclosed)3 2 (1 enclosed)4 (2 enclosed)
Existinq Proposed
20 ft. 17 ft..
29ft.|21ft. 22ft.t 21ft.
53 ft. no change
Zoninq
Two-Family Residential
N/A (White River National Forest)
Two-Family Residential
Two-Family Residential
20ft.
15 ft.
15 ft.
fl1
North:
South:
East:
West:
Land Use
Residential
Mixed Use
Residential
Residential
VIII. CRITERIAANDFINDINGS
The review criteria for a request of this nature are established by Chapter 12-16,Yail
Town Code.
A. Consideration of Factors Reqardinq Variances:
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
This proposed addition is associated with a remodel of an existing
residence originally approved by the Design Review Board in 1976 with
construction completed in 1978. The applicant is proposing to construct a
garage addition that, due to the orientation of the structure to the property
line and Vail Valley Drive, encroaches three feet into the required 20 foot
front setback. In 1991, the Planning and Environmental Commission
approved a front setback variance to allow for the construction of an
additional garage bay to the east of the existing garages. This proposed
garage encroached 12.5 feet.into the 20 foot setback; however, this
addition was never constructed. Therefore, Staff believes the proposed
2.
setback variance for this proposed garage addition will not be detrimental
to the existing or potentlal uses and structures in the vicinity.
This proposed garage addltion will cause the structure to exceed the
maximum allowable site coverage for this property. However, the
proposed garage addition will increase the existing three car garage to a
four car garage (two spaces for each dwelling unit) which is one the
Town's development objectives encouraged by the Town's zoning
regulations. Therefore, Staff believes the proposed site coverage
variance necessary for this garage addition will not be detrimental to the
existing or potential uses and structures in the vicinity.
This existing residence currently exceeds the allowable GRFA for this site
by 1,506 sq. ft., which is 21o/o GRFA than is allowed for other residences
in the same zone district. The applicant is proposing the addition of a
new entry, elevator, and bedroom that will further increase the non-
conformity of this property. Should the Planning and Environmental
Commission choose to approve this request; the structure will exceed the
allowable GRFA by 1,972 sq. ft. This is 27o/o more GRFA than is allowed
for other residences in this same zone district. Staff does not believe
deviations from the GRFA regulations to this degree are in keeping with
the bulk/mass and general character of the Two-Family zone district.
Therefore, Staff does not believe the proposed GRFA variance request
and site coverage request associated with the proposed entry, elevator,
and bedroom are in keeping with the bulk/mass and general character of
the neighboring properties.
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 applicant is proposing to construct a garage addition that, due to the
orientation of the structure to the property line and Vail Valley Drive,
encroaches three feet into the required 20 foot front setback. In 1991, the
Planning and Environmental Commission approved a front setback
variance to allow for the construction of an additional garage bay to the
east of the existing garages. This proposed garage encroached 12.5 feet
into the 20 foot setback; however, this addition was never constructed.
Therefore, Staff believes the proposed setback variance is necessary to
achieve compatibility and uniformity of treatment among sites in the
vicinity or to attain the Town's development objectives. As the Planning
and Environmental Commission has historically approved several similar
setback variance requests, Staff does not believe approval of this request
will constitute a grant of special privilege.
This proposed garage addition will cause the structure to exceed the
maximum allowable site coverage for this property. However, the
proposed garage addition will increase the existing three car garage to a
four car garage (two spaces for each dwelling unit) which is one the
B.
Town's development objectives encouraged by the Town's zoning
regulations. Therefore, Staff believes the proposed site coverage
variance necessary to achieve compatibility and uniformity of treatment
among sites in the vicinity or to attain the Town's development objectives.
As the Planning and Environmental Commission has historically approved
several similar setback variance requests, Staff does not believe approval
of this request will constitute a grant of special privilege.
This existing residence currently exceeds the allowable GRFA for this site
by 1,515 sq. ft.; which is 21o/o more GRFA than is allowed for other
residences in the same zone district. The applicant is proposing the
addition of a new entry, elevator, and bedroom that will further increase
the non-conformity of this property. Should the Planning and
Environmental Commission choose to approve this request; the structure
will exceed the allowable GRFA by 1,981 sq. ft. This is 27o/o more GRFA
than is allowed for other residences in this same zone district. Staff does
not believe deviations from the GRFA regulations to this degree are in
keeping with the bulk/mass and general character of the Two-Family zone
district. Therefore, Staff does not believe the proposed GRFA variance
request and site coverage request associated with the proposed entry,
elevator, and bedroom are in keeping with the bulk/mass and general
character of the neighboring properties. Staff also believes approval of
the proposed GRFA variance request and site coverage request
associated with the proposed entry, elevator, and bedroom would be a
grant of special privilege. As this property already exceeds the maximum
allowable GRFA, so does not believe a further increase is appropriate.
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 does not believe this proposal will have a significant impact on the
public health, safety or welfare, public facilities, utilities, or light and air in
comparison to existing conditions of the site.
4. Such other factors and criteria as the commission deems applicable
to the proposed variance.
The design review application associated with this proposal is tentatively
scheduled for review by the Town of Vail Design Review Board at its July
6, 2005, public hearing.
The Plannino and Environmental Commission shall make the followinq findinqs
before qrantinq 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 district.
tx.
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 literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives of this title.b. 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 same zone.c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
STAFF RECOMMENDATION
Setback Variance
The Community Development Department recommends approval, with a condition, of
a variance from Section 12-6C-6, Setbacks, pursuant to Chapter 12-17,Yariances, Vail
Town Code, to allowfora residential addition, located at1448 Vail Valley Drive/Lot 18,
Block '3, Vail Village Filing 1, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria in Section Vlll 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 Ptanning and Environmental Commission approves the appticant's reguest
for a variance from Secfion 12-6C-6, Sefbackg pursuant to Chapter 12- 17,
Variances, Vail Town Code, to allow for a residential garage addition, Iocated at
1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth
details in regard thereto, subject to the following condition:
1. This approval shall be contingent upon the applicant receiving Town of
Vail approval of the design review application assocrated with this variance
requesL
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
The Planning and Environmental Commisslon finds:
1. The granting of this variance will not constitute a granting of special pivilege
inconsistent with the limitations on other properties classified in the Two-Family
Residential District.
2. 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.
3. Ih,'s variance is warranted for the following reasons.'
. a. The strict literal interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. 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 same district"
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other propefties
in the same district.
Site Coveraqe Variance
The Gommunity Development Department recommends approval, with a condition, of
a variance from Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances,
Vail Town Code, to allow for a residential addition, located al 1448 Vail Valley Drive/Lot
18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. This
recommendation is based upon the review of the criteria in Section Vlll 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 applicanf's request
for a variance from Section 12-6C-9, Site Coverage, pursuant to Chapter 12- 17,
Variances, Vail Town Code, to allow for a residential garage addition, located at
1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and sefting forth
details in regard thereto, subject to the following condition:
1 . This approval shall only be for the approximately 124 sq. ft. of additional
site coverage necessa4i/ for the construction of the proposed garage
addition. The additional site coverage granted by this vaiance shall not be
used to accommodate the construction of any other addition to this
structure.
2. This approval shall be contingent upon the applicant receiving Town of
Vail approval of the design review applicafion associafed with this vaiance
request.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties c/assrfied in the Two-Family
Residential District.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to propefties or improvements in the vicinity.
3. This variance is warranted for the following reasons.'
a. The stict titeral interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. 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 same districL
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of pivileges enjoyed by the owners of other properties
in the same district.
Densitv Control Variance
The Community Development Department recommends denial of a variance from
Section 12-6C-8, Density Control, pursuant to Chapter 12-17, Yariances, Vail Town
Code, to allow for a residential addition, located at1448 Vail Valley Drive/Lot 18, Block
3, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation
is based uoon the review of the criteria in Section Vlll 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 denies the applicant's
request for a variance from Section 12-6C-8, Density Control, pursuant to
Chapter 12- 17, Variances, Vail Town Code, to allow for a residential
garage addition, located at 1448 Vait Valley Drive/Lot'18, Block 3, Vait
Village Filing 1, and setting fotth details in regard thereto.
Should the Planning and Environmental Commission choose to deny this variance
request, the Community Development Department recommends the Commission makes
the following findings:
l0
The Planning and Environmental Commission finds:
1. The granting of this variance will constifute a granting of special privilege
inconsistent with the limitations on other properfies c/asslfed in the Two-Family
Residential District.
2. The granting of this variance will not be detrimental to the public health,
safety, or weffare, or materially injurious to properties or improvements in the
vicinitY.
3. This variance is warranted for the fotlowing reasons.'
a. The strict titeral interpretation or enforcement of the specified regulation
would not result in practical difficulty or unnecessary physical hardship
inconsr'sfenf with the objectives of Title 12, Zoning Regulations, Vail Town
Code.
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
propefties in the same district.
c. The strict interpretation or enforcetment of the specified regulation would
not deprive the applicant of privileges enjoyed by the owners of other
properties in the same district
X. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Site Photographs
D. Architectural Plans
E. Public Hearing Notice
ll
Attachment: B