HomeMy WebLinkAboutPEC120027 Upton setback variance memo with attachments_081312 TO: Planning and Environmental Commission FROM: Community Development Department DATE: A ugust 13 , 2012 SUBJECT: A request for the review of a variance from Section 12 -6G -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Co de, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. (PEC120027) Applicant: Anne Upton, represented by Pierce Architects Planner: Bi ll Gibson I. SUMMARY The applicant, Anne Upton, represented by Pierce Architects , is requesting a variance from the setback standards of the Medium Density Multiple -Family District to allow for the construction of a new garage within the required setback ar eas. The driveway associated with the proposed garage accesses the subject property from Columbine Drive on the north side of the existing house. The north side of the subject property is therefore defined as the front setback pursuant to Section 12 -2 -2, Definitions, Vail Town Code, regardless of the orientation of the existing house. The applicant is requesting a setback variance for the proposed garage of 1 4.5 feet in the 20 foot rear (south) setback are a and 2 feet in the 20 foot side (west) setback ar e a. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval , with condition s , of this application subject to the findings not ed in Section VIII of this memorandum. A vicinity map (Attachment A), the applicant’s request (Attachment B ), proposed plans (Attachment C) and a existing parking areas exhibit from the Town’s archives (Attachment D), public comment (Attachment E) have be en attached for review . II. DESCRIPTION OF REQUEST The Bighorn Terrace neighborhood was constructed in the late 1960s under Eagle County jurisdiction prior to being annexed into the Town of Vail in 1974. This neighborhood consists of several duplex styl e structures with each one -half subdivided as a separate lot. Historically each lot (i.e. one -half of one duplex structure) in Bighorn
Town of Vail Page 2 Terrace has been treated as an individual development site and is subject to the development standards prescribed by the Medium Density Multiple -Family District . Many structures were built close to, at, and in some cases over the platted lot lines. The various lots and structures at Bighorn Terrace are legally non -conforming in regard to the current zoning standards (lot size, parking, setbacks, landscaping area, etc.). Some structures at Bighorn Terrace can be directly accessed from Columbine Drive; however, many structures can only be accessed from a shared priv ate road, Columbine Way, which is constructed across mult iple privately owned lots through an access and utility easement. The Bighorn Terrace neighborhood was originally designed with shared parking generally located within designated parking easements instead of with private garages or private parking space s . Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing parking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking chall enges for the residents of this neighborhood. The subject Lots 25 and 26 were consolidated into one combined development site in 1983. Today the existing structure is a single -family residence. The existing house is legally non -conforming in regard to setbacks. At its most restrictive point, the north side of the subject house is located 1 foot from the property boundary. The subject property has no exclusive parking and today the owners utilize the unassigned, common parking spaces. Columbine Way and its associated easement cross the northern portion of the subject property. A parking easement and portions of an existing common parking lot are located on the northeast corner the subject property . The applic ant is requesting a setback variance t o allow for the construction of a new single car garage attached to the south side of the existing house. The applicant is requesting a setback variance of 14.5 feet in the 20 foot rear (south) setback are a and 2 feet in the 20 foot side (west) setback ar e a. The proposed garage is 15 ft. x 25 ft. (375 sq. ft.) in size. Approximately 356 sq. ft. of the proposed garage is located withi n the rear (south) setback area and a pproximately 18 sq. ft. of the proposed garage is located within the west side setback area. The applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from the neighbors in Bighorn Terrace . The proximity of the existing structure to the nort h and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility easement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage additio n attached to the southeast co rner of the existing residence in the approximate location of an existing shed. However, a driveway
Town of Vail Page 3 could not be constructed to this garage from Columbine Way with out disturbing the existing shared parking lot . The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area currently occupied by landscape planters. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Condominiums in opposition to this setback variance request and the associated garage addition (Attachment E). III. BACKGROUND The subject re sidence at Bighorn Terrace were originally constructed under Eagle County jurisdiction in 1967 and later annexed into the Town of Vail in 1974. The existing lot and structure are both legally non -conforming in regard to numerous provisions of the Town’s z oning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town’s current zoning regulations. On August 16, 1983 the Town of Vail Planning and Environmental Commission approved a minor subdivision application to vacate the property line between Lots 25 & 26. These two former lots were combined into a single development site. Num erous setback variances have been granted to units within the Bighorn Terrace neighborhood and are further described below: Date Lot /Applicant Variance Type Varianc e Amount Staff Recommendation PEC Action 1977 #7 - Benysh GRFA 130 square feet Approval Approved Setba ck 8 feet Approval Approved 1978 Tract A - Rowe GRFA 4 73 square feet Denial Approved Setbac k 7.5 feet Denial Approved 1978 #23 - Alder GRFA 66 square feet Denial Approved Set back 8 feet Denial Approved 197 8 #20D - Turnbull Setba ck 7 fe et Approval Approved 1980 #13 - Curfman GRFA 1 77 square feet Denial Approved 1982 #9 - Odum GRFA 122 square feet Denial Tabled Setback 18 feet Approval Tabled 1982 #9 - Odum Setback 18 feet Approv al Approved 1983 #11 - Houston GRFA 80 square feet Denial Approved Setback 16 feet Denia l Approved 1985 #17 - Sherr GRFA 50 square feet Denial Approved Setbacks (3) 1 3, 11, 3 feet Approval Approved 1985 #20D 1 -Nicholson GRFA 39 5 square feet Denial Denied
Town of Vail Page 4 Setback third floor d irectly above Approval Approved 1990 #7 - Benysh Setbacks (2) 13 & 15 feet Denial Approved 1990 #20 - Nillson Setbacks (2) 11 & 15 feet Denial Approved 199 4 #22 - Waters Setbacks 13.25, 13.25, 12 Approval Approved 1998 #5 - Skolasinski Setbacks 2.5, 15 .5, 19.5 Approval Approved Landscaping 1 % Approval Approved *2004 #8 - Benysh Setba ck 8 feet Approval Approved 2005 #19 - Petros Setbacks 7 feet Approval Approved 2005 #20 - Fowler Setbacks 7 feet Approval Approved 2008 #17 Sherr Setbacks 8 feet Approval Approved 2009 #10 Post Setbacks 1 9 feet Approval Approved *garage addition involving a conversion the first story IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Tow n Code are relevant to the review of this proposal: Zoning Regulations (Title 12) Chapter 12 -1: TITLE, PURPOSE, AND APPLICABILITY (in part) Section 12 -1 -2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safet y, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulati on of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets.
Town of Vail Page 5 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densi ties and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreatio n opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12 -6 G : MEDIUM DENSITY RESIDENTIAL DISTRICT (in part) 12 -6G -1 Purpose : The mediu m density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district . The medium density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple -family occupancy, and to maintain the desirable residential qualities of the zone district by establishing a ppropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. 12 -6G -5: Lot Area and Site Dimensions: The m inimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. 12 -6G -6: Set b acks : In the MDMF district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). 12 -6G -11: Parking:
Town of Vail Page 6 Off st reet parking shall be provided in accordance with Chapter 10 of this title. At least one -half (1 /2 ) of the required parking shall be located within the main building or buildings and h idden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking or loading area shall be located in any required front setback area. Chapter 12 -17: VARIANCES (in part) 12 -17 -1: Purpose: Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances f rom 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 reas on for granting a variance. 12 -17 -6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatmen t among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public h ealth, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
Town of Vail Page 7 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulat ion would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply genera lly to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Vail Lan d Use Plan CHAPTER II – LAND USE PLAN GOALS / POLICIES (in part) The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, m aintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 5. Residential 5.1. Additional resident ial growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER V I – PROPOSED LAND USE (in part) MDR Medium Density Residential: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling un its per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations.
Town of Vail Page 8 V. SITE ANALYSIS Address: 4192 Columbine Way Legal Description: Lots 25 & 26 Bighorn Terrace Lot Area: 7,100 sq. ft. (0.163 acres) Zoning: Medium Density Multiple Family District Land Use Designation: Medium Density Residential Geological Hazards: N one Development Standard Allowed /Required Existing Proposed Lot Area (sq.ft. min ) 10,000 7,100 no change Setbacks (ft . min ): Front (North) 20 1 no change Side (East) 20 33.5 no change (garage 37.5) Side (West) 20 15 no change (garage 1 8) Rear (South) 20 20 5.5 Dwelling Units (max) 2 1 no change GRFA (sq.ft. max ): 3,976 2,138 2,213 Site Coverage (sq.ft . max ): 3,145 (45 %) 1,864 (26 %) 2,213 (31 %) Landscape Area (sq .ft . min ): 2,130 (30 %) 3,409 (48 %) 3,758 (53 %) Parking (min. spaces): 3 0* 3 (1 enclosed) *Today the applicant utilizes the Bighorn Terrace shared parking areas . VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Medium Density Multiple -Family District South: Residential Medium Density Multiple -Family District East: Residential Medium Density Multiple -Family District West: Open Space Agriculture and Open Space District VII. REVIEW CRITERIA The review criteria for a request of this nature are established by Chapter 12 -17 , Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
Town of Vail Page 9 As described elsewhere in this memorandum, the Bighorn Terrace neighborhood was originally designed with s hared parking generally located within designated parking easements instead of with private garages or private parking spaces. Today vehicles are also commonly parking along Columbine Way. The density of the neighborhood, the limited number of existing p arking spaces, and the close proximity of the homes to the property boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking at Bighorn Terrace, whether pri vate or shared, will have a positive impact on the neighborhood. T he applicant is proposing to construct the new garage along the southern edge of the existing house in response to both physical site constraints and input from her neighbors. The proxim ity of the existing structure to the north and west property boundaries precludes the construction of a garage in those portions of the subject property. The north and east portions of the subject property are also constrained by an access and utility eas ement, Columbine Way, a parking easement, and portions of an existing common parking lot. Neighboring property owners have expressed concerns to the applicant about any proposal that would result in a reduction of the existing shared parking spaces. The applicant considered a new garage addition attached to the southeast corner of the existing residence in the approximate location of an existing shed. However, a driveway could not be constructed to this garage from Columbine Way without disturbing the ex isting shared parking lot. The applicant is instead proposing the new garage attached to the south side of the existing residence. The associated driveway is proposed to be located between the existing house and the existing parking lot in an area curren tly occupied by landscape planters. The proposed garage addition will however have some negative impacts to the surrounding uses and structures in comparison to existing conditions. The proposed garage and driveway will result in the removal of several e xisting mature trees and will reduce opportunities for landscape screening of the existing house from adjacent residences. The proposed driveway configuration may impact areas currently used as snow storage from the shared road and parking areas. Propert y owners from the adjacent Bighorn Condominiums, located directly south of the proposed garage, have express concerns about the close proximity of the proposed driveway to the property boundary and headlight glare into the upper windows of their building f rom vehicles utilizing the new driveway. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. This proposed setback variance is associated with a garage addition to an existing residence originally constructed in 1967. Both the existing lot and the existing
Town of Vail Page 10 residence are legally non -conforming in regard to several the provisions of the Town’s zoning regulations. The Planning and Environmental Commission has historically held that construction of a structure prior to annexation or the adoption of the current zoning regulat ions may be a basis for granting a variance from the Town’s current zoning regulations. The Town of Vail also has a long -standing policy of promoting the construction of enclosed, off -street parking on private property. The Planning and Environmental Com mission has approved numerous variances from setbacks, site coverage, and other similar development standards to facilitate the construction of garages town -wide . The Planning and Environmental Commission has approved a setback variance at Bighorn Terra ces for another garage addition. The two halves of the original duplex structure on Lots 7 and 8, Bighorn Terrace were purchase d by a single owner and converted into a single -family residence. In 2004, the Planning and Environmental Commission approved a setback variance at Lot 8 (the eastern one -half of the combined structure) to f acilitate the construction of a garage addition. Unlike t he subjec t request, that garage addition was accomplished by converting a portion of the existing first story to a garage use. To Sta ff’s knowledge, this is the only garage existing at Bighorn Terrace today. As further identified in the S ection III, Background, of this memorandum, no less than 18 setback variances have been approved by the Planning and Environmental Commission for additions to numerous properties in Bighorn Terrace since 1977. Therefore, Staff does not view the approval of this setback variance request as a grant of special privilege. However, should the Planning and Environmental Commission choose to approve this variance request ; St aff recommends the Commission impose a condition of approval that the applicant reduces the size of the proposed garage addition from 375 sq. ft. to a maximum of 300 sq. ft. The Planning and Environmental Commission has historically granted variance s fo r single -car garages of up to 300 sq. ft. in size and two -car garages of up to 600 sq. ft. in size because these sizes have been considered the minimum “degree of relief from the strict and literal interpretation and enforcement of a specified regulation i s 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 300 sq. ft. size is based upon the garage deductions granted by the Vail Town Code from the gross residential floor area (GRFA) calculations. The current regulations grant deductions from the GRFA calculations for garage floor area of up to 300 sq. ft. per parking space. 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. As previously noted, the density of the Bighorn Terrace neighborhood, the limited number of existing parking spaces, and the close proxi mity of the homes to the property
Town of Vail Page 11 boundaries and adjacent structures creates parking challenges for the residents of this neighborhood. Staff believes the construction of additional parking, either private or common, at Bighorn Terrace will have positive impacts t o traffic, parking and public safety which outweigh the potential negative impacts to light, air, and distribution of populations. Staff does not believe the requested setback variance will have a significant impact on public facilities and utilities in comparison to existing conditions. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The Planning and Environmental Commission has received correspondence from property owners of the adjacent Bighorn Cond ominiums in opposition to this setback variance request and the associated garage addition (Attachment E). VIII. RECOMMENDATION The Community Development Department recommends approval , with condition s , of this request for a variance from Section 12 -6G -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto. S taff’s recommendation is based upon the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to appro ve this variance request , the Community Development Depar tment recommends the Commission pass the following motion : “The Planning and Environmental Commission approves the applicant’s request for a variance from Section 12 -6G -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a garage within the setbacks, located at 4192 Columbine Way/Lots 25 & 26, Bighorn Terrace, and setting forth details in regard thereto .” Should the Planning and Environmental Commission choose to approve this request, the C ommunity Development Department recommends the Commission imposes the following conditions : “1. Prior to application for d esign review approval or building permit s , the applicant shall reduce the size of the new garage addition to 300 sq. ft. or less in floor area. 2 . Approval of this variance is contingent upon the applicant obtaining Town of Vail approval of a n associated design review application.”
Town of Vail Page 12 Should the Planning and Environmental Commission choose to approve t his variance request , the Community Development Departmen t recommends the Commission makes the following findings : “Based upon the review of the criteria outlined in Section VII of the Staff memorandum s to the Planning and Environmental Commission dated August 13 , 2012 , and the evidence and testimony presented, 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 classified in the Medium Density Multiple -Family 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 variance is warranted for the following reasons: a. The strict literal interpreta tion 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 does not apply generally to other properties in the Medium Density Multiple -Family 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 Medium Density Multiple -Family District .” IX. ATTACHMENTS A. V icinity Map B. Applicant’s Request C. Proposed Plans D. Archive d Parking Area Exhibit E. Public Comment
B I G H O R N R D C O L U M B I N E D R C O L U M B I N E W A Y S P R U C E W A Y S u b j e c t P r o p e r t y 0 7 5 1 5 0 F e e t B i g h o r n T e r r a c e ,B i g h o r n T e r r a c e ,U n i t s 2 5 & 2 6 U n i t s 2 5 & 2 6 (4 1 9 2 C o l u m b i n e W a y )(4 1 9 2 C o l u m b i n e W a y )T h i s m a p w a s c r e a t e d b y t h e T o w n o f V a i l G I S T e a m . U s e o f t h i s m a p s h o u l d b e f o r g e n e r a l p u r p o s e s o n l y . T h e T o w n o f V a i l d o e s n o t w a r r a n t t h e a c c u r a c y o f t h e i n f o r m a t i o n c o n t a i n e d h e r e i n .(w h e r e s h o w n , p a r c e l l i n e w o r k i s a p p r o x i m a t e )L a s t M o d i f i e d : A u g u s t 9 , 2 0 1 2
{P0177495.1}BUS_RE \4423355.3 S HERM AN &H OW AR D L.L.C.ATTORNEYS &COUNSELORS AT LA W 37347 HIGHWAY 6, SUI TE 210 P.O. BOX 5559 AVON, COLORADO 81620 TELEPHONE: (970) 476 -7646 FAX: (970) 476 -7118 M EMORA NDUM TO:Bill Gibson – Town of Vail Planning Department FROM:Wendy St. Charles D ATE:August 8, 2012 SUBJECT:Bighorn Terrace Lots 25/26 (PEC 120027)This memorandum follows with our meeting of July 3 1, 2012, regarding PEC Application 120027, filed by P ierce Architects on behalf of the applicant/owner of Lo ts 25/26, Bighorn Terrace and is intended to supplement the referenced application to provide the town with additional information related to the project. The project consists of the installation of a single car garage with storage (in place of an existing storage shed) on the subj ect lot. 1.General History of the Development of the Bighorn Terrace Subdivision The “Bighorn Subdivision” was developed in 1962. The first phase of the development consisted of single family l ots on the westerl y side of the pond that serves as the central shared amenity o f the subdivision. A copy of the plat for the initial development is attached for reference. (See, Exhibit 1 ) In conjunction with the initial development, in 1962 the developer recorded the “Declaration of Protective Covenants for the Bigh orn Subdivision” (the “Declaration”). (See, Exhibit 2 ) The Declaration provides general restrictions governing the single family lots. A copy of the Declaration is attached for reference. T he Bighorn Terrace Subdivision, within which the subject lot is l ocated, was developed in 1967 and consisted or approximately 26 duplex sty le lots, two of which have since been consolidated into single famil y lots. (See, Exhibit 3 ) No separate or additional covenants were recorded with the development of the Bighorn T errace subdivision. T he remainder of the Bighorn Subdivision was developed into condominium projects. The subject lot, known as “Units 25 and 26 Bighorn Terrace” is a part of the Bighorn Terrace subdivision. 2.Status of the Consolidation of “Units 25 a nd 26” of Bighorn Terrace In 1983 PEC reviewed an application for consolidation of Unit 25/26 into a single family l ot. PEC approved by a 7 -0 vote the consolidation of Units 25/26 into a single family l ot. A cop y of the 1983 PEC minutes are attached, toget her with the consolidation map. (See, Exhibit 4 ) T he tax assessor currentl y assesses Units 25/26 as a single lot. A copy o f the assessor’s record is attached. (See, Exhibit 5 ) Based on the prior consolidation, the units constitute a single lot.
Memorandum to Bill Gibson – Town of Vail Planning Department August 8, 2012 Page 2 of 3 {P0177495.1}BUS_RE \4423355.3 3.Expla nation of the access easement shown on the Bighorn Terrace plat. The Bighorn Terrace plat (Exhibit 3 ) consisted of 26 duplex lots, together with an easement designated for “access and utilities” laid over the lots, with a dedication of same for access to and from the lots. Also shown on the plat are various areas marked as “parking easements” for owners. The parking easement areas are not within the dedicating language of the plat. The plat notes refer to the parking easement areas as being “for the exclus ive use of owners and residents of the subdivision” without further explanation. The parking easement areas have not been utilized strictly as parking areas, as a number of units have improvements built into and over the areas designated as parking easemen ts. S ome of the parking easement areas are paved and some have been utilized for shared parking. Other areas have been utilized for the benefit of a single property owner. Thus, there has been no consistent use or enforcement to date of the areas designa ted as parking easements. Such areas do not constitute enforceable easements, without each owner agreeing to ratify a nd maintain the designated areas on their respective lots for shared parking. Excerpts of “Bighorn Mutual Sanitation & Recreation Associa tion” (the “Association”) minutes dating back to 1979 are instructive to confirm the intent of the developer with respect to the designated parking easement areas on owner lots, as reflected in the following: •The Association’s 1979 meeting minutes (as m emorialized in the Association’s rules through the 1990s) provide that “[i]t should be understood that Bighorn Mutual & Recreation Co., has no ownership interest in, or legal jurisdiction over, any of the privately -owned properties,” which would include “p arking areas.” (A copy excerpts from the 1979 minutes are attached, together with 1990 consolidated rules at Exhibit 6 .)•The Association’s minutes further provide that “the paved parking areas are on privately -owned land and are not part of the common a rea.” Thus, the association (and its members) have no jurisdiction over those areas. (See 1990 consolidated minutes at the top of page 3.) The area over which the driveway a nd garage will be situated is full y within the applicant’s lot and no portion of t he area has been utilized for parking since 1967 (with the exception of a small triangular area of existing pavement within the applicant’s lot that will be utilized t o achieve the proper radius for access into the driveway ). T he garage project will no t reduce the number of existing paved parking spaces or have an y other material adverse effect on the parking. I n fact it will result in a net improvement by c reating additional parking for the applicant and thereby reducing the congestion in the other pa rking areas. 4.Purpose for the Location of the Garage as Situated on the Site Plan Parking in Bighorn Terrace is inadequate to meet the needs of the subdivision and at the end of the access road where the subject lot is situated the congestion is severe, w ith residents often resorting to parking within the access road blocking access to the applicant’s home. The installation of the
Memorandum to Bill Gibson – Town of Vail Planning Department August 8, 2012 Page 3 of 3 {P0177495.1}BUS_RE \4423355.3 garage and driveway w ill create additional parking and eliminate the need for the applicant and guests to utilize the limited, existing parking. T he original proposed design for the garage utilized a car width of the existing paved area on the applicant’s propert y for access to the garage. At the request of the neighboring owners, the applicant redesigned the driveway t o preserve a ll existing paved areas for parking as an accommodation to neighbors. As a result, in order to provide access to the garage that meets the requirements of the code, the garage was shifted westerl y and toward the southerly propert y line, requiring the cur rent variance requested in the application. 5.Characteristics of Subdivision Consistent with Granting of the Variance Requested The size and number of lots within the compact Bighorn Terrace subdivision have resulted in the need for numerous variances bein g requested and granted over the ye ars to enable owners to use and enjoy t heir properties consistent with appropriate needs recognized by t he town. B y way o f example, at least 16 variance setbacks have been granted in the subdivision, as summarized in the setback variance granted for Unit 19, Bighorn Terrace under PEC 05 -0088. (See, a cop y of PEC 05 -0088 attached at Exhibit 7 ) I nstallation of a garage on the applicant’s propert y is a good and necessary u se of the applicant’s lot and benefits the subdivisi on overall by c reating additional parking for the subdivision. Existing parking allows for approximately 1 .5 cars per unit. Owners generall y have two cars per unit, without factoring in guests. 6. Association Review of Plans Association approval of the p roject is not required, although as a courtesy t he Association board has been advised of the project and comments have been considered. (The Association at its annual meeting expressed no concern with the design and location of the garage but reserved comm ents on access.) The Declaration, as explained above, pertains to the original Bighorn Subdivision, which consists of singlefamily homes, the Bighorn Terrace subdivision and two condominium developments. There is no separate declaration or governing associ ation established for the Bighorn Terrace subdivision. T he original Declaration did contemplate some level of architectural review, but no governing review board for the Bighorn Subdivision has ever been established. The onl y active association, being th e Bighorn Sanitation and Recreation Association by i ts “Articles of Incorporation” limits its purposes to managing and caring for “property o f the corporation” which property i s limited to the pond and adjacent skate house. (See Article 3(a)) A ll improvem ents proposed in conjunction with the garage project are situated within the applicant’s lot. The association by i ts own articles has no jurisdiction over improvements within an owner’s lot. F urther, there is no architectural review board in place nor pro cess in place through which an owner could seek approval. (A copy o f the articles is attached. (See, Exhibit 8 )
- ._AEIIZS_ II 00*0111011(0(140001(1011100 tEL 0lr00100015lll 001 tool-tO lIEU (1(00101111t - A.LLOTLIILTIISIIETTtIOI010_OTTOSTTTE0CNOT10LITILO 0001t000:ls’Ico.xoo 001100(11 11111 1011(7410 AlIbI 101100101 SELAT?bFwlll0 OT_2K_______________On. Ill-I. __0_S_i_____llT 000 lISTS:. IA’t(1S OTIb[IlbStb000IATTO 00 TIlt N1 :A1010001 111IA0EO’OE 011.00 11 0101CAITS LIT 0)1 TOT LIlbIto 10. OCIIOI001:LII0700IA0000II:TOIT - + 000T111I. STIR (*001(000 AlIt 00 ((0? lOOT 10101111110 00*010 NOTARIAL or 05110050 TTO,I__bl.o11 001(00010 11101l -A0011T 0041 AOOI101L (55(0 DEFIlE - IC Toll ._)5IT_._.TlT TI TIll. ill 000 .110(0 51110, Al nit05401 ’AD 00.blt1101lllllT .11.150(cIC1110 lt00001IOttT IT 00:1001 T1101I.0llltIlT COlINJI1071. A 05011110 IOT10000II.0111101S N - S - I r A PROVAL 0tIS000l OA 011111 05000 0000010 1010ISSl07CII It EAGLE 0010101010050100 - IAlI__Z_1 ___000 0T_4_C._.__00.lI’1. ENGINEERS _CERTIFICATE I.EE0b0 I 0000110. A 010101(1(0 101(0110101 (lIG111CI £110 1.1110 00*100(1111 III (1(00*100 0 00l01 - 00100000 00 IC IETbT(l1bIlTIlAIA01R*EI RECORDERS CERTIFICATE V 00101L001ICRE10100CI0001A11OThGI110110.0T 0 0 TOOt IEIIRT0001ITIOII 11(1001. I cun:oo IV so:o ,:.* Al 0 0:100 ’0 ElI 01 0 11E coo llI ht._o.o TI .’011ok____ I& lb. Nol.01011110T,T 010010(0 II ITITTII:_2C____. IT l0T?AO_a,T.211laIl1l1100 cECIL S. 00500.00 000LS’SCI 0 A ALIT - 1 BIGHORN SUBDIVISION FIRST ADDIT1N A SUBOIVISION IN SECTION II, TOWNSHIP 5 SOUTH, RAREE 80 WEST OF THE 67H PRINCIPAL MERIDIAN. EAGLE COUNTY, COLORADO. DEDICATION 11110W ALL NEIl 01 VIlEST ’OESENTS: IIIVCJIOLLCOIJOVI IWLI.ITCIIT 000R00011flEO. 0 T0WI’ 001I0001NI. 1(10011114 0lTltI 010PAIOEL IT L. 1110 ,0(1 III TIlE 0001ITI IT (AlIt. INTl OT N001000. IJO’It P001l0010011 00000IRTSA I...,: .1101. l’I*T0 El 1100 I 1II 100I.OI1 A OOJITItTI 40010 N,0l*IlT A I,00 10101111 0 lIlT! 00 TIlt Ill TI I’ll AA A IlA-C11TJSl0IlTLANA0ll1lTIClTl, IIIATOON IINSTTI.!cI 0110*10 IA 000000*0; 010101T IT1t ¶101. 0fl000t12? 11 1 A7 1 A A- ::"’ *?1 ll 1011 110*0011. ¶011 ’OtT: 0C ’IllS 0.111005, 101110111 , l.0lItOTll* 11111 .011 - OloAl 1101*11 1 11 110110w TSISIAIT010’I0 1 1011t01 It £0000 ICOCROLO ’110 STILt fools 50111001410 fl*I0ll1llO 0ITl0:l 500011 11(1000 OTT 010lA’1 lIlt 004(1 1 4
DECLARATION OF PROTECTIVE COVENANTS FOR TE BIGHORNSDIVISION EAGLE COUNTY DEVELOPMENT CORPORATION, a Color corporation, fee owner of the real property hereinafter scribed, hereinafter referred to as the "Lrantgr", beret makes and declares the following lfmitations, restrictic and ’uses upon,, and of. said property as restrictive and r tive covenants, thrpugh reference hereto in all deeds ar ( contracts for sale issued by said Grantor to or for any of said proerty, as benefits and obligations running w the property, and as binding upon the Grantr and--upon a I / parties claiming undOaaid Grantor and upotc all future of any part of said property, so long as these restict covenants Łhill emain --in fzce and :effect as now writte as hereafter altered 3. PROPERTY AFFECTED These covenants are he made applicable to the following described property in E (ste 1 County, Colorado Beginning at a point on the west line of Secti 12, Township S South Range 80 West of the 6th 747 Principal Meridian. County of Easle, State of Colorado.: said -point being S 00 19’ 00’ E a distance of 998 67 feet from the northwest cot ner of said Section. 32 and also being on the southerly right.bf-way line of U. S. Highway No, 6, Thence S 46 24’ 00’ E a distance of 7Y8.70 feet to the point of curvature to the left, .1. -:having a -radius of 2915.00 feet and a central 0 angle of 6531, /
Thence southeasterly along the arc of said cur a. distance of 350.17 feet to the point of tan--. - gency thereof;. -. Thence S 53 .)3’ 0" E, a distnce of 1221.00 feet to a point, said paint being oh the south ly right of way line ofexistink U. s: Highway -No. 6; Thence S 36 1 43’ ad" w adistance of 320.00fe ThØncŁ N 660 13’ 01" W a distance of 240.00 ft Thetde.N 390 451 00"W a distancedf 171.52 fe :Thence N83 45’ 00" W distance of 228.00 fe .ThendeM6 .00’ 00" W distance of 182.00 fe Thence N 300 00’ 00" Wa distance of 200.00 fe 01" W a distance of 221.67fe Thence N 60 0 44’ 37" W a distance. of 196.12 fe Thence S 27 0 06’ 39" W a distance of 30.94 Me H : . Thence S 78- 24 1 ,1)0" W a distÆnce.of 271.80 fe Thence .S 89 41’ 00" W a distance of 149.30 fe 1–: . ,. to a point on the west: line of said Section 12 Thence N 00 19’ 00" W along the west line of . Section 12, a diiETance of 489.20 feet, Thence N 55 0 19’ 00" W a distance of 222.’84 fe Thence N 34 0 41’ 00" E a distance of 318.25 fe to A. point ,on the cMst’ line of said Section 12 -. Thence- N 000 19’ 00" Wa distance of 288.35 fe to the point of beginning, except that lot md to be Parcel "Aft . ..-,1 2 .. GENERAL PURPOSES:, These coyenants are mad; :for the purpose of reatin and keeping said-subdivision fh* a possible, deirb1e, attractjve,-benefjcjat, unif, and -suitable in architectunj design, materials and appe;
El limiting the use to residential buildings for Lots I d 18; and guarding.against firs and unnecessary interfe with the natural beauty and Improper uses of adjoining pertlØs in the t subdivisi6n; ll for the mutual benefit protection of all owners of said property. £ 3 ARCHITECTURAL APPROVAL: No improvem&it be commenced, constructed, placed or altered on any bu site or lot until the building plans (including plot p and specifications) and sufficient description for eac iod type f improvement have been in each instance t to the Grantor and by it approved in writing, such apj to cover,, conformity And harmony of external dŁstn of the location thereof in relation to lot topbaphfand grade; and the location and character method of utfll–aejon of all utilities. Grantor egret use’reasonable judgment in passing upon such submitte and descriptions, but shl1 not be liable to any petal G r a n tort s actions in connection with submitted plans scriptions, unless it "hall be shown that it acted wi’ or wrongful intent In passing upon plans and specif Grantor shall. consider the suitability of the Irovei and of t he materals as related t the site involved, nature of Adjacent and, neighboring imprth’ements, the of the materials’t’o be utilized and the effect of any posed Sprovethent upon the outlook, value and aesthet H of neighboring popertes. If Grantor fails toppro disapprove the submitted plans and descriptions in an 0 V C . ... . . . &
within sixty days after Js2 have been submitted to it, the * - approval of the Grantor hereunder shall be presumed. If the owner shall undertake the construction or alteration of any impro’Jirnent allowed - herevsnder,"-but without advance ap- proval of his plans and .dscritios and if no suit has J t*en consenced to enjoin such construction prior to the 7 completion thereof, the approval of the Grantor hereunder ahafl be preswd - - .- -- - ’ .- 4, LAND USE The lots in Bigho%p subdivision ’ shall be used for the follcdng purposes I 1.p -I i 1 through 18 shalt, be used only for k4vate-.. ’’ H residences appurtenant garages and other covered ,with,usuaL $ structures, not more than two separate apart- ,?rh4t,dontdn -’ -: - -- - ræents. l92O and 21 may be utilized as Grantor deter ’I- -t1;v’..’ ’f t, - __ - es Eor apartments, retttil ahops service shops (excluding ) howevar} ’automobile service stations), restaurants, tea rooms, hotels, lodges, professional offices or medical, clinics f. SH9 Easements and rights-of-way for roads and or uti1ity 1 easemeQtfl are reserved as shown Upon the p1st of Bighorn SubdivisiQn as recorded in the Office of N . the Clerk and Recorder, Eagle County, Colorado, on December 3, 1962, as Reception No 96766, and appearinj ’ifl the flat Book of that office at Page 32 The rights-of-way for roads so reserved may, be used for highway travel or for any utility services that at any cft may he available in that area, in- - .- eluding electricity, gas, telephone and other similar services - -- -’ - . - - - - - - - - ’: :- - ’ - - - - - - - - - -- -
6. SIGNS: No signs, billboÆ*ds or other advertis-ing structure of any kind shall be erected, used or maintained on any lot foi any purpose whatsoever, except such commercial’ signs Æs have been approved by the Grantor dither for idexti- -: fication ofienidertces -or placs of business or other commer- cial uses on Its 19, 20 and 21 ........T WATER: . structure designed for occupancy or use by human bethgs shall connect with water facilities made available At.any tine In the future by the Grantor No pri- e.. Lvateweltst iift1i&-’u& aajaijrce of water for hutnan con- ’ ::- . sthptioti"$tt1dtfdn Each such atructures1ml1be provided with a ee*-Ihk tfor dispdsal oE sewage and mechanical gar-Wag&’ disposal facilities shall, be Provided in each kitchen ojcfod ketjn’Ł’ rea tieh; ashes or other refuse shall bethrÆp4d on a13Y TAM dthin the Bighorn Subdivision. meeth .i6bur11ingrofire Thile"Otlt’of doop except in -. ’%-r--, - - .- jcinerato,–s installed with the ’approval of rthe Grantor Each prdvide suitable receptacles for the -1 ’?’.:. . .- .’ . - - . atd cotlactjott of refuse and all such re- ,\1 ceptae1eiiMIl’be’ screed-from public view and protected from dibtnrSaace 9 LIVESTCK No -azumals, livestock, horses or poultry (ezcept dogs, cats and other pets for household en-joyment and not for colunert ial purposes) shallbe kept, raised -. or bred in the subdivision. -. - 4- -
,p ool- 10; TREES: Trees naturally existing upon a lot, - except to the extent necessary for construction purposes, shall not be cut, trimmed or removed from the. properties, except that the Grantor may approve some thinning or trimming if it seems desirable: 11. SET BACK REQUT.REMENTS There shall be no general rule for the location of improvements with relation … to property. iines but all, actual construction s ites shall receive the advance approval of the Grantor . 12 LANDSCApING ALL surface areas disturbed by construction shall be returned promptly to their natural condition and replanted in native grasses, but the Grantor 4 may ’approve construction of gardens, lawns, and exterior living areas - I 13 TRADE NAMES No word, name, symbol, or corn- .1_i Jfl ;’ bination.treifsh4l1..bejeedto identify, for commercial purposes any structure, business or service in Bfrshon Sub-division unless the same 3hall have been first approved in ---------------------- - / -- - writlng’by the Grantor. , - - - - - - 14 TEMPORARY STRJJCnJRE$ No:,temporary structure, W . (excavation ; basement, trailer or tent shall be permitted in N e r the suodivision, except 1as tay be determined to be nebessary dtritg construction andsPecificaui )authcrized by the Crantoz 15 NT COINUkTY OF CONSTR OTION All structures -- _N ’ -- -.--- -.--- -. - - commenced inthe B ~igh6rn Subdivision shall be prosecuted - - - diligentl9’ to cption and shall be completed within twelve -- -y - i - - - 6-- - - - - - - - - - - -
months of commencement unless some exception is granted in writing by the Grantor. 16. NUISANCE No noxious or offensive activity shall be carried on within the subdivision, nor shall any-thing ba done or permitted which shall constitute a public nuisance therein. 17; EFFECT AND DURATION OF COVENANTS: The condi- tions, restrictions, stipulations, agreements and covenants " contained herein shall be, for the benefit of and binding upon 4 each tract in the Bighorn Subdivision, and each owner of pro-perty therein, his successo, representatives and assigns andshalt continue in ful.t force and effect untiUJanuary 1, T 1999, at which ft ine their shall be automatically extended for five successive terms of ten years each ’18 MENDNENT The conditions, restrictions, sti- pulatiths , .grements and covenants contained herein shall not be waived, abandoned, terminated, or amended except by written consent of the owners of 75% of the privately owned land included within the boundaries of the Bighorn Subdivision, as the same may tbn be shown by the plat on file it the of-fice, of the Cleric and Recorder of Eagle County, Colorado H 19. EtFORCEMENT; If any person shall violate or thretØn toviolat any ,of’ the provisions of this instrtment, it shall be lawful for ,r.y peson or persons owning real pro-perty in the Bighorn s4aivision to institute proceedings at law or inequity to eforce’ the provisions of thQinstrument, : to restrain the person violating or th–eatening to violate them and. to recoverdarnages, actual and punitive, for such violations. -7- 4
20 SEVSRABTL1TY Thvalidation of any one of -1 the provisions of this instrument by judgment or court-order or decree shall in no wise effect any o the other provisions which shalt remain in full force and effect -- . . -- S OS In Witness Whereof, EAGLE couNt? 1 DEVELOPMERI’ CORPO-RATION, by authority of Jts Board ofDirec tors , has caused this instrument to be executed by its president, attested by its 8ecreta’thid its cbrporate- seal hreto affixed this day _____ of December, 1962 S - J. P’ctLLS?4 .: EAGLE COUNTY DEVELOPMENT CORPORATXON -. By’: it s7re a dent ,, 2 (seal) <..Its secretary . 6 - 1:;"’ H H - .. STATE OF COLORADO....) SS. erry AN]) COUNTY OF DENVER ) 1&*C - * S ...........................- - - - On this day of December, 1962, before ,me ap- peered WM ’7M4ESSt&RX, to me personally known who being duty , sworn did say that he is PrØsident of. Eagle Co unty Development Corporation, a Colorado corporation, and that the seal affliced to the foregoing instrument is the corporate seal of said car-poration and that the foregoing instrument was signed and sealed in behalf of said corporation by its Board of Directors and - - - :. said esident acknowledged said Inatne o be the tree act -7 --- . . - -- - . - - an& deed of said corpor&tjon and W. H. Beidtbrink, Jr., as - - --S _ - .- * . - * - - - - - -- .. - .. -- -. - - -- -. - - - * - - - H - _-. .- - . S - -
r.. StCk_ j1<P. ... _, :-W 1 Iff4 ttJi:- ., ITS
- . . . : Secretary of said corporation, attested to such execution I rnwms have hereunto set hand .. . s : :7 . . and seat this .4 day 0f)4eŁr 1962. . L :cjssjoi e ire s ’ C Iilkt tS1~c \ ’- ,’.._t :7 -&.h;M . :. t -;.,. -. . ,. r -44’il IRV , L / 0 - - -9- 1 1-’
IG0YAWIAL £flSCGAIW _ CERTIFISATE YSYIG - 1l#fr/ -,z,rEurxGnzOtYG BIGHORN TERRACE A SuSOiVlSIOU 1W SECTIOW 2. TOWNSHIP 2 5011211 lANGE GO WEST. OP TIlE C Ill P111W CIPAL MEWIGIAII EAGLE COUNTY COLOIIGGO A_,NINGN_,IN,IAIGGONANGWIINI,l’z
MEMORANDUM -4 0 TO: Planning and Environmental Commission FROM: Department of Community Development DATE: August 16, 1983 SUBJECT: Request for a minor subdivision to vacate a lot line between lots 25 and 26, Bighorn Terrace Subdivision. Applicant: Ted Stockmar THE REQUEST The Stockmars own a duplex, units 25 and 25, located in the Bighorn Terrace Subdivision. The owners wish to add an entry, build an enclosed room for a jacuzzi and eliminate one kitchen from the structure. The structure will be used as a single family unit. The lot line common to units 25 and 25 runs directly through the center of the structure. Given the current configuation of the lots, remodeling would require various variances: GRFA variance would be required to build the entry on lot 25; the entry also would not meet setback requirements because of the lot line. After lots 25 and 26 are consolidated through vacation of the lot line, no variances will be required for the remodeling and the building will remain well within GRFA limitations. After the remodeling takes place the consolidated lot will house approximately 1870 GRFA with 2468 GRFA allowable. See attached site plan. CRITERIA FOR APPROVAL The criteria to evaluate a minor subdivision is outlined in the Purpose section of the Subdivision Regulations. Section 17.04.010 (B) appears below: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and, in general, to assist the orderly, efficient and integrated development of the town of Vail. These regulations also provide for the proper arrange-ment of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. The Stockmar application complies with the purpose of the Subdivision Regulations. STAFF RECOMMENDATION The Department of Community Development recommends approval of the requested lot line vacation. By consolidating the lots, a single unit shall be standing on a single lot; this situation makes more sense than a single structure standing on two lots. The application also conforms with the purpose section of the Subdivision Regulations. In addition, the applicant shall be able to improve the residence without asking for variances.
PEC 8/22/83 -18- I , 8.Request for the modification of a conditional use pernrit in order to the playgound to accommodate a sodded soccer field at the Vail Mount School at 3160 Katsos Ranch Road Applicant: Vail Mtn School, Inc. Peter Jamar showed the site plan. Ron Todd, representing the Mountain School showed a topo and explained that when they applied for the permit, they didn’t have a topo of the site. When they saw the steepness, they weren’t sure they wanted to spend the money to level the ground over such a large area, but would perhaps level a smaller area. Donovan stated that she would like the school to go for the full size field, as long as they kept the berm. Pierce, speaking as a member of the board of the Mtn School, stated that they would like to increase the field while not asking for a specific area. 9.to vacate a lot line between 1 plicant: Ted P. Stockmar S on two lots. He added that three trees could be replanted or replaced, with this Jim Sayre explained that the reason for the request was that then no variances would be required for a remodeling to a single family unit. He added that after the remodeling takes place, the consolidated lot would house approximately 1870 GREA with 2468 GRFA allowed. He added that the staff recommended approval and because a single unit then would be standing on a single lot, rather than concern passed on to the DRB. because the application complied with the purpose of the Subdivision Regulations, er The meeting was adjourned about 5:00 pm. ..
I I L’i’;1 I k / ?O’ j ’’dl 50 16 10’ Access IS AND /E4 SEME Nr UNIT 26 I - LOT LINE t0/ 1 r - VACATED I I --EASEMENT fG - WELLI ~CATED PA 4G LOT I - t - _ L!JIE... 12 _8!’EASE-1W t ENr EXISTING DWELL I NG " / TOTAL AREA rT 0.16 j CRES U UNIT 25 F SET 84CR LiNE - - N 6217’OQW 79Q4 -. 6ULDNG "3" STE BGH OR N OCNDOMNUM 2. -. - -. AEA OFMES -pi - . c.&.siRi2CT/QAJ . it
Account Account: R033973 Location Owner Information Parcel Number 2101-122-14-028 Owner Name UPTON, ANNE S. Tax Area SCI03 - VAIL (TOWN) - SC 103 Owner Address 15 ROCK CREST DR Situs Address 004192 COLUMBINE WY CAPE ELIZABETH, ME 04107-1655 Legal Summary Subdivision: BIGHORN TERRACE UNITS 25 & 26 BK-021 I PG-0474 MAP 10-13-62 R862673 GWD 11-20-03 Page 1 of 1 Assessment l-1istor Actual (2012) $745,400 Primary Taxable $59,330 Tax Area: 5C103 Mill Levy: 469000 Type Actual Assessed Acres SQFT Units Improvements $462,440 $36,810 0.000 2357.900 0.000 Land $282,960 $22,520 0.161 0.000 0.000 Transfer’s Sale Price Sale Date Reception Number Book Page 06/02/2009 200911293 10/14/2008 200823125 518M00 07/10/1968 ) 0213 P:0693 000 /1468 13: 0212 P: 0195 Images P110(0 Sketch cis http://property.eaglecounty.us/assessor/taxweb/accountjsp?accountNum=R033973 8/7/2012
Property Record Card Eagle UPTON, ANNE S. Account: R033973 Parcel: 2101-122-14-028 15 ROCK CREST DR Tax Area: SC 103 - VAIL (TOWN) Situs Address: CAPE ELIZABETH, ME 04107-1655 SC 103 004192 COLUMBINE WY Acres: 0.161 VAIL AREA, 0 Value Summary Legal Description Value By: Market Override Subdivision: BIGHORN TERRACE UNITS 25 & 26 l3K-021 I P0-0474 MAP 10-13-62 Land (I) $282,960 N/A R862673 GWD 11-20-03 Single Family $557,850 $458,240 Residence (I) Extra Feature (I) $2,160 N/A Extra Feature (2) $2,040 N/A Total $845,010 $745,400 Entry Date Model Remark Land Occurrence I Single Family Residence Occurrence I Land Occurrence 1 Abstract Code 1112- SINGLE FAM.RI3S.-LAND Percentage 100.0 Use Code 1000 - RESIDENTIAL Neighborhood 140- BIGHORN TERRACE Land Code 6652- BIGHORN HWY 6 Super Neighborhood 100- EAST VAIL / BOOTH FALLS Size 7047 Zoning 32 - MDMF SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT Land U 2358 Total 2,358.00 A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 1 of 4
Property Record Card Eagle Land Occurrence 1 Value Rate Rate Rate Rate $282,960 120.00 Sinale Family Residence Occurrence 1 Abstract Code 1212- SINGLE FAM.RES- Percentage 100.0 IMPROVEMTS Use Code 1000- RESIDENTIAL Neighborhood 140- BIGHORN TERRACE Building Type 121200- SFR Arch Style 3 -2 STORY Exterior Wall 8- WD SID LOW Percentage 50.0 16 - FR STUCCO 50.0 Roof Cover 4- BUILT-UP Roof Structure 3-GABLE/HIP Interior Wall 5-DRYWALL Percentage 100.0 Floor 23 -CERAMIC TL Percentage 20.0 14- CARPET INV 80.0 Heating Fuel 3 -GAS Heating Type 3 - FORCED AIR Air Conditioning 0- NONE Actual Year Built 1967 Bedrooms 5 Bathrooms 3 Construction Quality 3 - FAIR Effective Year Built 1990 Fixtures 12 Roonis 8 Units I Units I Super Neighborhood 100- EAST VAIL / BOOTH FALLS Stories 2- STORIES 2.0 Use Code 1000- RESIDENTIAL Garage 0- NO GARAGE SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT BAS 1465.9 1465.9 1465.9 1465.9 FUS 892.0 892.0 892.0 892.0 STO 24.0 19.2 24.0 WDD 1272.6 254.5 1272.6 Total 3,654.50 2,631.60 2,357.90 3,654.50 Value Rate Rate Rate Rate $458,240 125.39 174.13 194.34 125.39 A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 2 of 4
Property Record Card Eagle Single Family Residence Occurrence I $ WOOD DECK 249.3 $ WOOD DECK P MAIN FLR AREA LRAREA 812.3 6516 $WOOD DECK 501.0 S WOOD DECK 186.3 STO AREANO HEAT 14.0 Extra Feature Occurrence 1 XFOB Code 100- FIREPL, F Abstract Code 1212- SINGLE FAM.RES- IMPROVEMTS Percentage 100.0 Use Code 1000- RESIDENTIAL Neighborhood 140- BIGHORN TERRACE SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT XFOI3 Units 2 Total ’ " Value Rate Rate Rate Rate $2160 1,080.00 Extra Feature Occurrence 2 XFOB Code 330- HYOR-TUB A Abstract Code 1212- SINGLE FAM.RES- TMPROVEMTS Percentage 100.0 Use Code 1000- RESIDENTIAL Neighborhood 140- BIGHORN TERRACE SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT XFOB Units I Total 1.00 Value Rate Rate Rate Rate $2,040 2,040.00 Abstract Summary Code Classification Actual Value Taxable Actual Taxable Value Override Override 1112 SINGLE FAM.RES.-LAND $282,960 $22,520 NA NA A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 3 of 4
Property Record Card Abstract Summary 1212 SINGLE FAM.RES-IMPROVEMTS Total $562,050 $44,740 $462,440 $36,810 $845,010 $67,260 $745,400 $59,330 A#: R033973 P#: 210112214028 As of: 08/07/2012 Page 4 of 4
Excerpts from the Minutes of Bighorn Mutual Sanitation & Recreation Co. Meeting of October 13, 1979 There then followed a general discussion of parking problems and it was agreed that these minutes would repeat the company’s rules for use of common parking areas as they were adopted in the November 13, 1977 meeting. They. are repeated here as follows: "A Rule for Use of Common Parkin Ar g eas., The common parking areas owned by the Association are for the reasonable use of all owners, their tenants and guests, subject to the control of the Board of Managers. It is recognized that parking spaces are limited and consist of little more than space for one and one-half spaces per unit even if the highest degree of voluntary cooperation exists. All con-cerned are requested particularly to park so as not to block the ingress and egress of others and to make every effort to cooperate with the snow plower so that the parking areas can be cleared properly and economically for everyone’s benefit. Special cooperation is asked so that those parking areas in close proximity to the individual units are available to the occupants of such units. Everyone is reminded also that much of the space between the individual duplex units is private property and should not be infringed upon without the permission of the owners.. Specifically prohibited without the express permission of the Board of Managers is the per-manent or long-term parking or storage of vehicles which are used only infrequently and under no cir-cumstances shall oversized vans, mobile homes, trailers, campers and similar vehicles or equipment, whether truck mounted or stored, or any road build-ing, construction or similar equipment be allowed in the common parking areas,"
RULES 7,ND REGULATIONS O IGHORN MUTUAL SANITATION & RECREATION CO. (Consolidated as 09 May 1, 1990) The ownership of properties within Bighorn Mutual Sanitation & Recreation Co. is somewhat different from typical condominium ownership. Building A is owned by eight individual owners subject to a condominium agreement covering that building only. The same is true of Building B and its owners. Each of those 16 owners owns one of the 43 shares in the Bighorn Mutual sanitation & Recreation Co. Units D-1 through D-26 are each constructed on separate parcels of land owned by the owner of the unit in the same fashion as an ordinary house and lot would be owned in a town. The same is true of the two separate houses at the northeast corner of Bighorn Terrace. Whoever owns one of the fl-Units also owns one of the 43 shares of the Bighorn Mutual Sanitation & Recreation Co. The same is true with respect to the northern of the two individual houses in the northeast corner of Bighorn Terrace. For some historical reason, the owner of the southern of the two houses is not entitled to a share in the company. Also within Bighorn Terrace are several common areas owned by the Company for the equal undivided use and benefit of the owners of the 43 shares of the Company. The common area generally includes: 1. Parking areas; 2, The Bighorn pond and the streams flowing into and out of it and the area surrounding the pond, including what has been called the skate house; The skate house is not generally available for the use and benefit of the company shareholders because it contains several apartments that are rented to provide a source of funds to take care of plowing, parking area resurfacing, beautification, eta, The common areas are shown on the map attached hereto. It should be understood that the Bighorn Mutual Sanitation & Recreation Co. has no ownership interest in, or legal jurisdiction over, any of the privately-owned properties described above. It does, however, own and has legal
jurisdiction over the common areas.. The Town of Vail, as with all private property within its boundaries, also has a legal jurisdiction for certain matters over the areas of and activities within Bighorn Terrace. Rules and regulations relating to the use of the common areas. have beeh adopted by the Company over the course of many years as reflected in Minutes of its annual meetings. These rules and regulations have been consolidated and codified in this document so that each owner may have all of the rules and regulations in one place for his information and for the intonation of his tenants and users.. USE OF POND ARE* All owners and their guests and tenants are welcome to use the pond and the area around it for recreational purposes. Children under age 14 may fish in the pond with any kind of fishing equipment and keep whatever fish they catch.. Adults and young persons over 14 may also fish in the pond but are restricted to use of barbiess hooks and are required to return to the pond whatever fish they may catch. No fish should be handled unless the handler’s hands are wet.. Boating on the pond, swimming in it, playing around it and in the streams flowing in and out of it, as well as skating or otherwise playing on the ice covering the pond in winter is understood to be at the sole risk of whoever is using the pond and of the parents of minors using the pond. The Company assumes no liability with respect to such activities and does not provide a watchman, caretaker or lifeguard as part of its management of the common areas. The Company has provided barrels in the pond area for the collection of trash and pond users are requested to place their trash in these barrels.. No trash should be thrown into the pond or the streams flowing in and out of it.. Some access to the pond is over privately-owned property.. Such access is based upon revocable permission from such owners and it is understood that no ownership rights are accruing to users by their use of such access.. The pond area is not to be used for the storage of any vehicles, equipment or other material..
USE OF PAING N%flS There are no assigned parking spaces. However, some of the paved parking areas are on privately-owned land and are not part of the common areas. These areas can be identified from the map of the common areas attached, The utmost cooperation and courtesy should be extended by everyone to everyone else so that the convenience of all owners, guests and tenants can be maximized. IT IS ABSOLUTELY ESSENTIAL THAT EVERYONE COOPERATE IN REMOVING VEHICLES FROM THE COMMON AREAS AND ROTATING THEM SO THAT THE SNOWPLOWER CAN DO HIS JOB PROPERLY. THIS IS PARTICULARLY IMPORTANT WITH RESPECT To VEHICLES IMPEDING ACCESS TO THE SNOW STORAGE AREAS. Vehicles which are simply left unmoved for long enough periods of time to pose a problem for the rest of the members of the Association will be towed away at the owner’s expense. With respect to the cul-de-sac Columbine Way -- arrangements are made with the snowplower to open a traffic lane before 7:00 a.m, each morning after or while it is snowing if this is necessary to permit ingress and egress. Parking vehicles in the narrow parts of the cul-de-sac causes unnecessary traffic problems and makes effective snowplowing difficult. The snowplower has been instructed to plow as close as possible to vehicles so parked. The Company will not be responsible for damage to vehicles improperly parked. Parking is limited to automobiles, vans, pick-up trucks (including those with covered beds) which are in frequent use by owners, guests and tenants. The long term storage of vehicles is not permitted nor is the parking of trailers, campers, motor homes or any vehicles in which a person might sleep or eat is not permitted without the express consent of the Board of Directors. The little roadway between Buildings A and B is a fire lane for the protection of Buildings A and B and the D-Units in the western part of the Cu]. Us sac. This fire lane is to be kept open at all times so that fire equipment and hoses may have access, ENFORCEM E NT OF RULES The Board of Directors has the authority to enforce these rules and regulations and will treat continuing violators of the rules according to the following sequence: -3-
A.The Board will first determine whether the violations can be tolerated, in which case no action will be taken. In this respect the Board may consult with the particular owners affected by the problem. B.Friendly persuasion of the violator will be used to attempt to cure the problem. C.If friendly persuasion tails to cure the problem, then the Board of Directors may serve written notice on the owners of the occupant of the unit responsible for the violation to cure the problem within a specified time. In this respect owners are fully responsible for the actions of their tenants and guests. D.If the problem is not cured within the time stated in the foregoing notice, the Board of Directors may either (i) by formal notice to the owner, remove the owner’s rights to use the common area: or (ii) impose a daily fine on the offending owner until the problem is cured. The suspension of rights to use the common areas shall be for such period of time as determined by the Board of Directors. If fines are levied and not paid, the unpaid amount shall be considered a lien on the offending owner’s interest in the common areas and will be subject to foreclosure. Any vehicles or equipment situated on the common areas notwithstanding such suspension of rights shall be towed or otherwise removed at the owner’s expense. GENERAL Bighorn is primarily a family and residential area with most of the owners involved in improving and upgrading their respective properties and their values, It is essential that the owners, guests and tenants in using the common areas act courteously as good neighbors with full respect for the private ownership rights of others. -4-. TPSP/AD9
4.- 40 0*00 1 0 %’l( III 00 Ptt 1 l C0040I0t010 .108(10.011084080 - 0(81. 01048 lIt .!’ OO 8. II It II , 001 1 4,11 08 -r oCtrIflhlCOto 1.08 .4 ,.C8"Y’’O’’C_ .0l 1141 II Ill tool o lIoHlt%(.raIEl082.o --.40 v.Ict8o_,C at ti-_i -0 ’----o.-tCIl 4 CttI-Cits..I4.r1._,’.ttIItI,,4l ,tI4o*l.Ic4(vC ,40I.?CEI*cI Clot ,’’01! ’!’COII tl’tO tot, 0)1_LIlt. AIi0&0Cl0OT)C 1804T DC -- -. O’DlQ(liC.rl’o.loll,o LCCCCS.,IOI.L..l()%(o(oItIlOc1100 0 0ll 0 01 00 800004101 .00)4* ’Vito rti’ 4. ,41cQ4*41 -- "j j a*tto ’8 - 0041 (0.0 cc14004tl ,Ct14o tIn. -01(01,1401140 ui’ )’CO’I.lIl’tflt.tO,t ’-n,,t.,4ito<’Ii-’io.lt CtOttOMCSCtt 4 ,0 ’ot 0 taoIST.,. ’4 1 crA 4111 0’ 800000 4 I TbW ;it" S. :’oMtoS.,-rtto,tc....tCco.t4?o., I.,., &QPPOVAI ’C I’ Mtii4t ,.coc,.r’..o o’’-I ,o9 0080001’ .NCtSntCOt Ct tOto( C(n4 10. cto 0C00 - 8EC000EJtS CEPrIFICAYC I.-. 00110C.A.Q4.1 t1t0icCt0... .______iiot...___._ ,avtn; nrsa’Tr US tQti0Y Oto 8 BIGHORN TERRACE L’C.s- x-o Ito ,, ’0* A S000IVISION IN SECTION Q. TOWNOKIP SOUTH 00011SF 80 WEST, OF ItIF all 0830itIPAL UCQJOIAII, FOCI, counTy, 801.08*00 cott000wc 0008 00 C.(P C*$!010 1148" ’I OCO$:’SO tll tt%1si7 o c?g 0l!t!I’EItI1t1014iI10 040,41 *14 tIItC It 401(1 Ct oC’ 00 III I 4i 00 nIliI(..8c0 4 0.148 4-C Ottl_44 0414 .q..lo.o.,c %vI0.4c.It41 00,"%t ’0 101 Nt. 0t00l II_00_S0 C%tl&4CO_ ’*11,20.011(1 t ,10 ’0’ ’20)4 ’((’0 hillEl IS 14’CtV14Q 00 OCIOIL - ..-..-__...__._....ioIfl0C’flt4 1.040 Z3’T 1?K.?% ’0 ._..Ot0t__._._..._..._.M.. - XI rontOro_TIS - (841. 0 ft6?C *r -rcntw
MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 12, 2005 SUBJECT: A request bra final review of a variance, from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 19/Bighorn Terrace Subdivision, and setting forth details in regard thereto (PECO5-0088). Applicant: Catherine H. Petros Planner Elisabeth Eckel SUMMARY The applicant, Catherine Petros, is requesting a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the side setbacks, located at 4247 Columbine Drive, Unit 19/Bighom Terrace Subdivision. The requested variance is the result of a proposal to construct a new entryway addition upon an existing duplex structure. Staff is recommending approval, with conditions, of the requested variance because a practical difficulty or hardship exists and approval of the variance would not constitute a granting of special privilege to this property owner. DESCRIPTION OF REQUEST The applicant, Catherine Petros, is requesting a variance from the side setback regulations specified in Section 12-6G-6, Vail Town Code, in order to. construct a new entryway at the duplex residence they share in the Bighorn Terrace Subdivision. Currently, the duplex is one of twenty six duplexes within the Subdivision, which was annexed into the Town of Vail in 1974. The Town zoned the Subdivision Medium Density Multi-Family (MDMF) at the time of annexation, which prescribes twenty foot setbacks at the front, sides, and rear of each lot. Because the zoning designation was applied to the lots following the construction of the structures, multiple non-conformities resulted upon each lot within Bighorn Terrace. The area proposed for expansion is located at the front of the residence and includes sixty-eight (68) square feet Gross Residential Floor Area (GRFA) of the allowable 250 square foot addition allotted to Unit 19. The purpose of the addition is to form an enclosed entryway. According to the Town’s files, no variances have been requested or granted to Unit 19 to date. The footprint of the duplex under consideration (as well as many other duplexes within the development) lies somewhat askew atop the property line; As a result, the duplex is located completely within the western side setback. The duplex also currently extends as much as fourteen feet (14’) into the eastern setback, leaving a six foot (6’) side setback near the northeast corner of the Lot. Because the side setbacks figuratively "overlap", no part of the lot is free from the encumbrance of side setbacks. As a result, the applicant is requesting a variance to build within the western side 1
setback and to extend by seven feet (7’) into the eastern setback. The encroachment into the eastern side setback will not result in an encroachment greater than that which already exists today (14’). There will be no encroachment into the front or rear setbacks as a result of the proposal. The applicant is concurrently proposing to replace in the same location the exterior stairs and deck located at the front of the residence within the parking easement, which is twenty feet (20) deep and encompasses the same square area as the front setback. Ill. BACKGROUND Many other Lots within the Bighorn Terrace subdivision have requested and been granted setback variances for new construction. Following is a list of associated requests and recommended support or the lack thereof by Staff, followed by the vote of the PEG. Date Applicant Type of Request Amount of Variance Staff Recommendation PECAcfion 1977 Benysh GRFA 130 square feet Approval Approval Setback 8 feet Approval Approval 1978 Rowe GRFA 473 square feet Denial Approval Setback 7. 5 feet Denial Approval 1978 Alder GRFA 75 square feet Denial Approval Setback 8 feet Denial Approval 1978 Turnbull Setback 7 feet Approval Approval 1980 curfman GRFA 177 square feet Denial Approval 1982 Odum GRFA 122 square feet Denial Tabled Setback 18 feet Approval Tabled 1983 Houston GRFA 80 square feet Denial Approval Setback 16 feet Denial Approval 1985 Sherr GRFA 50 square feet Denial Approval Setbacks (3) 3, II, 13 feet Approval Approval 1985 Nicholson GRFA 395 square feet Denial Denial Setback third floor directly above Approval Approval 1990 Benysh Setbacks (2) 13, 15 feet Denial Approval 1990 Nillson Setbacks (2) 11, 15 feet Denial Approval 2005 Pefros Setbacks (2) 7, 20 feet Approval A vicinity map depicting the location of the residence is attached for reference (Attachment A). Reduced copies of the proposed site plan and elevations are attached for reference (Attachment B) as are photos of the existing residence (Attachment C), the written request from the applicant (Attachment P) and the public notice which preceded the request (Attachment E). IV. ROLES OF REVIEWING BODIES The PEC is responsible for evaluating a proposal for: Action: The PEG is responsible for final approval/denial of a variance. The PEG is responsible for evaluating a proposal for: 2
1.The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2.The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3.The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4.Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The DRB has no review authority on a variance, but must review any accompanying DRB application. Town Council: Actions of the Design Review Board or the Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the DRB or PEC erred with approvals or denials, and may uphold, uphold with modifications, or overturn the Board’s decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Zoning Regulations Section 12-2 Definitions SETBACK: The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, orbuildings on the site Section 12-6G-6: Medium Density Multi-Family District Setbacks: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (209, and the minimum rear setback shall be twenty feet (20). Section 12-17 Variances (in part)
12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict orliteral interpretation and enforcement, variances from certain regulations maybe 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. 12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. 12-17-7: PERMIT APPROVAL AND EFFECT: Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. V. ZONING ANALYSIS Address/Legal: 4247 Columbine Drive, Unit 20/Bighorn Terrace Subdivision Zoning: Medium Density Multi-Family (MDMF) Development Standard Allowed/Required Existing Proposed Lot Area: 10,000 sq. ft. 1,747 sq. ft. no change Setbacks: Front: 20 ft. 27 ft. 23 ft. Sides: 20 ft. 611. (E)I0 ft. (W) l3 ft. (E)lOft.(W) Rear: 20 ft. 1.5 feet no change Building Height: 33’ 23’ no change GREA: 978 sq. ft. 1,175 sq. ft. 1,243 sq. ft. Site Coverage: 786 sq. ft. (45%) 632 sq. ft. (36%) 700 sq. ft. (40%) Landscape Area: 524 sq. ft. (30%) 1,115 sq. ft. (64%) 1,047 sq. ft. (60%) Parking: 2 spaces 2 spaces no change
VII.SURROUNDING LAND USES AND ZONING Land Use Zoning North: High Density Residential Residential Cluster South: Medium Density Residential Two Family Residential East: Medium Density Residential Two Family Residential West: Medium Density Residential Agricultural Open Space VIII.CRITERIA AND FINDINGS A. Consideration of Factors Regarding the Setback and Parking Location Variances: The relationship of the requested variances to other existing or potential uses and structures in the vicinity. This lot is located in a neighborhood with lot sizes generally smaller than 1,500 square feet. Because the subdivision was platted and constructed prior to annexation and the application of a zoning designation, a number of non-conformities exist within the subdivision, including numerous setback encroachments. As designated in the referenced chart, multiple homeowners Within the subdivision have requested and been granted variances for encroachments into the setbacks in order to expand and or update the facades or interiors of the homes. The apphcant’s request is similar in nature to previously granted variances. Because each lot within this subdivision has experienced "physical difficulty due to the size, shape or dimensions of the site", Staff feels that requests such as the ones granted have been warranted. Staff recommends that, if the request is approved it be paired with conditions which aid in the improvement of other aspects of non-conformity on the lot, such as a redesign of the existing deck and staircase to allow for at least partial placement of the non-conforming parking that is currently located entirely within the Town of Vail right-of-way instead of within the twenty foot parking easement designated at the front of the Lot. This may involve reducing the existing deck form its current depth on Lot 19 of eighteen feet (18’)to approximately three feet (3’) in depth and locating the existing staircases to the east and west of the remodeled deck instead of at the south of the lot, where the stairs currently exist directly within the parking easement. Concurrently, Staff recommends that the applicant provides increased landscaping in front of the proposed addition for additional screening of the residence, which currently exhibits significant street visibility. Additionally, because the party wall and the property line of the duplex are not aligned, Staff recommends that this issue be brought into conformance through an updated plat, also as a condition of approval. Therefore, because the applicant’s proposal involves no encroachment into 5
the front setback or the parking easement (therefore the placement of the proposed addition will not affect the amount of open space between Unit 19 and surrounding units) and does not involve a variance request from site coverage or landscaping requirements, Staff feels that this request may concurrently improve conditions upon this lot if paired with appropriate conditions of approval. 2.The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Strict and literal interpretation of the setback regulations within the Bighorn Terrace Subdivision has not been historically enforced by the Planning and Environmental Commission due to the widespread non-conformities that exist within the subdivision as a result of the timing between construction, annexation, and zoning designation. Until this point, the PEC has clearly supported similar treatment of the duplexes in this area, which has involved frequent approval of variance requests similar to the proposal currently under review. Staff recommends that the PEC discuss future treatment of setback variances for lots within this Subdivision in order to continue to allow for equal treatment while not providing an unnecessary amount of relief from the regulations. 3.The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. The proposal will have some effect on the amount of tight and air within the Subdivision, though the location of the requested addition concerns the periphery of the development, which faces Columbine Drive, where the amount of available light and air is greater than the amount of light and air within the Subdivision. Asa result, the effect on light and air would be less intrusive than if the addition was proposed at the east or west sides of the duplex or at the inner areas of the Bighorn Terrace development. The proposal will increase the amount of bulk and mass upon the site, though will not increase the "depth" of encroachment into either of the side setbacks. Staff’s suggestion for increased landscaping at the front of the lot may help to provide more flexibility for the Town, should the parking easement ever need to be permanently accessed for parking, the use for which it was clearly intended. The effect of the proposal on the distribution of population, transportation and traffic facilities, public facilities and utilities and public safety, will not be substantial. 4.Such other factors and criteria as the commission deems applicable to the proposed variance.
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 theowrim.of other properties in the same district. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the side setbacks located at 4247 Columbine Drive, Unit 19/ Bighorn Terrace Subdivision based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented as well as the findings listed below. Staff recommends that, should the Planning and Environmental Commission choose to approve the application, the following findings be made a part of the motion: That the granting of the variances 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 variances will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3.That the strict interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Regulations. 4.That the strict interpretation or enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the following conditions: 7
I . Prior to design review of the associated application, the applicant shall provide plans designating the reduction of the deck size and the relocation of the stairs to provide a fully accessible parking easement. 2.Prior to the receipt of a Temporary Certificate of Occupancy by the Community Development Department, the applicant shall plant landscaping to the equivalent of three (3) six to eight foot tall coniferous trees to the south of the proposed addition in order to visibly reduce the perceived bulk and mass of the addition. 3.Prior to issuance of a building permit, the applicant shall obtain from the Public Works Department a revocable right-of-way permit for the parking that will remain within the Town’s right-of-way. 4.Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department, the applicant shall receive approval of a revised plat for Lots 19 and 20, which delineates a property line congruent with the existing party wall. 5.This approval of this variance request shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. IX. ATTACHMENTS A. Vicinity Map B. Reduced Plans C. Photos D. Applicant’s Request E. Publication Notice
12-17-1: Purpose: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. VI.SITE ANALYSIS Address: 4242 East Columbine Way, #8 Legal Description: Lot 8, Bighorn Terrace Zoning: Medium Density Multiple-Family Residential Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Standard Allowed/Required Existing Proposed Lot Area (mm): 10,000 sq. ft. 1,568 sq. ft, no change Setbacks (max): Front: 20’ 15.4’ 11.9’ West Side: 20’ 0’ no change East Side: 20’ 9.5’ no change Rear: 20’ 14’ no change Density (max): I unit 1 unit no change GRFA (max): 878 sq.ft. 813 sq.ft. 582 sq.ft.* Site Coverage (max): 705 sq.ft. (45%) 432 sq.ft. (28%) 478 sq.ft. (30%) Landscape Area (min):470 sq.ft. (30%) 1,136 sq.ft. (72%) 837 sq.ft. (53%) Parking (mm): 2 spaces 0 spaces I space (enclosed) * The proposed garage area is deducted from the GRFA calculations. VII.SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential High Density Multiple-Family Residential South: Residential Medium Density Multiple-Family Residential East: Residential Medium Density Multiple-Family Residential West: Residential Medium Density Multiple-Family Residential 10
Design Review Board: Action: The Design Review Board has NO review authority on a variance, but must review any accompanying Design Review Board application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board’s decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. 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 12-6G: Medium Density Multiple-Family (MDMF) District 12-6G-1: PURPOSE: The medium density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same district. The medium density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple-family occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the district. 12-6G-6: SETBACKS: In the MDMF district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). Chapter 12-17: Variances 3
may be a basis for granting a variance from the Town’s current zoning regulations. Several similar setback variance requests have previously been approved within the Bighorn Terrace Subdivision, including Lots 5, 7, 9, 11, 17, 20, 22, and 23. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/deniallapproval with conditions of a variance. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1.Relationship and impact of the use on development objectives of the Town. 2.Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3.Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4.Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5.Such other factors and criteria as the Commission deems applicable to the proposed use. 6.The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts 2
MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 13, 2004 SUBJECT: A request for final review of a variance, from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance to allow for a residential addition, located at 4242 East Columbine Way/Lot 8, Bighorn Terrace, and setting forth details in regard thereto. Applicant: Kathryn Benysh Planner: Bill Gibson SUMMARY The applicant, Kathryn Benysh is requesting a variance from Section 12-6G-6, Setbacks, Vail Town Code, to allow for a residential addition at 4242 East Columbine Way, #8. Based upon Staffs review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the variances subject to the findings and conditions noted in Section IX of this memorandum. II.DESCRIPTION OF REQUEST The applicant is the owner of Lot 7 and Lot 8, Bighorn Terrace. Lots 7 and 8 comprise the west and east halves of an existing duplex which was originally constructed under Eagle County jurisdiction in 1967. The applicant is proposing to convert a portion of the lower level of the east unit (Lot 8) into a single-car garage. To comply with the Town of Vail’s minimum interior parking space size standards (9’x18’), the applicant is proposing to construct a 45.5 sq.ft. expansion to the east unit. The existing residence currently encroaches 4.5 feet into the required 20 foot front setback requirement, and approximately 8 feet as proposed. The applicant’s proposed architectural plans have been attached for reference (see Attachments B). The provisions of Section 12-17, Variance, Vail Town Code, determine the review criteria and review procedures for a variance request. III.BACKGROUND The existing residence located at 4242 East Columbine Way, #8 was originally constructed under Eagle County jurisdiction in 1967 and later annexed into the Town of Vail in 1974. The existing lot and structure are both non-conforming in regard to numerous provisions of the Town’s zoning regulations. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations
Planning and Environmental Commission has previously approved similar setback variances for eight other Bighorn Terrace tots. Staff believes the applicant has proposed the minimum necessary amount of deviation from the setback requirements to facilitate the construction of a single-car garage space that conforms to the Town of Vail’s parking space dimensions standards. Therefore, Staff believes this proposal will provide the minimum relief from the strict and literal interpretation and enforcement of the setback regulations necessary to achieve compatibility and uniformity among sites in the vicinity and within the Medium Density Multiple-Family district. Additionally, the Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town’s current zoning regulations. Therefore, Staff does not believe this proposal will constitute a grant of special privilege. 3.The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff 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 Planning and Environmental Commission shall make the following findings before granting a variance: 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. 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.
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 Regarding 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 constructed in 1967. Both the existing lot and the existing residence are non-conforming in regard to several the provisions of the Town’s zoning regulations. The Planning and Environmental Commission has consistently held that construction of a structure prior to annexation or the adoption of the current zoning regulations may be a basis for granting a variance from the Town’s current zoning regulations. Staff believes the applicant is proposing to upgrade an existing non-conforming parking situation in a manner that is in keeping with the general character and architectural style of the neighborhood. Staff does not believe this proposal will have any significant negative impacts on nearby existing or potential uses and structures in comparison to the existing conditions. 2.The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. Again, both the existing lot and the existing residence are non-conforming in regard to provisions of the Town’s zoning regulations. The Bighorn Terrace subdivision was platted under Eagle County Jurisdiction in a manner which is not consistent with the Town of Vail’s regulations. When originally platted, each half of a duplex at Bighorn Terrace was divided as a single lot. Theses single lots are now treated as individual non-conforming lots which do not conform to setbacks, lot sizes, parking, etc. Under today’s regulations, the Bighorn Terrace would be platted as a single lot for zoning purposes and subdivided into condominiums or single-family subdivisions for ownership purposes, thus eliminating many of the current non-conforming issues. This proposal improves an existing non-conforming parking situation; however; it does increase the discrepancy of non-conformity in regard to setbacks. Due to the degree of non-conformity in regard to setbacks for all of Bighorn Terrace, the 5
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. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from Section 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, VarianceŁ, Vail Town Code, to allow for a residential addition, located at 4242 East Columbine Way/Lot 8, Bighorn Terrace, and setting forth details in regard thereto. Staff’s recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: That the granting of the variance will not constitute a granting 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 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. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the following condition: This variance approval shall be contingent upon the applicant receiving Town of Vail design review approval for this proposal. X. ATTACHMENTS A.Vicinity Map B.Architectural Plans C.Public Hearing Notice
NO FOR PROFIt - FiLED C: ARTICLES OF INCORPORATION 0C18 1985 1 OF STATE UP COLORADO DEPARTMENT OF STATE BIGHORN MUTUAL SANITATION & RECREATION CO. The undersigned natural person, acting as incorpo-rator, hereby establishes a nonprofit corporation pursuant to the Colorado Nonprofit Corporation Act and adopts the following Articles of Incorporation: ARTICLE I The name of the corporation is Bighorn Mutual Sani-tation & Recreation Co. ARTICLE IT The corporation shall have perpetual existence. ARTICLE III (a) The purposes and objectives of the corporation shall be to serve as a homeowners association for the sole purpose of acquiring, constructing, flnging, maintaining and caring for the property ofthe corporation1 for the benefit of all of the owners of a part of or all of Lots 19, 20-A, 20-B and 20-C, Bighorn Subdivision, Resubdiva.sion of Lot 20, Amended Map, County of Eagle, Stat of Colorado -1-
(b) Powers. In furtherance of the foregoing pur-poses and objects (but not otherwise) and subject to the restrictions set forth in section (c) of this Article the corporation shall have and may exercise all of the powers now or hereafter conferred upon nonprofit corporations organized under the laws of Colorado and may do everything necessary or convenient for the accomplishment of any of the corporate purposes either alone or in connection with other corporations, firms or individuals, and either as principal or agent, subject to such limitations as are or may be prescribed by law. ARTICLE IV The address of the initial registered office of the corporation is 1700 Broadway, Suite 1800, Denver, Colorado 80290. The name of its initial registered agent at such address is Ted P. Stockmar. ARTICLE V The corporation shall have such classes of members as may :front time to time be prescribed by its bylaws. Te voting powers of each clas.s and their tenure,mannet of election or appointment, qualifications, terms of..mbe-ship, rights, powers, privileges and immunities shall be as romtirneu:to time stflºd in the bylaIs. Voting.pcte.;s.xay -’2-
be denied to any class either generally or in any limited way, as long as the corporation shall have at least one class of members having unrestricted voting power. The corporation shall have no capital stock. ARTICLE VI Cumulative voting shall not be allowed in the elec-tion of directors or otherwise. ARTICLE VII The, management of the affairs of the corporation shall be vested in a Board of Directors. The number of directors shall be three. Their term of office and manner of their selection and election shall be determined accord-ing to the bylaws of the corporation from time to time in force. The names and addresses of the initial board of directors are as follows: Name Address Dr. Joseph Hanlin 2403 Virgo Drive Colorado Springs, Colorado 80906 Richard ’A. Burks 4207 East columbine Drive Vail, Colorado al6.57 Ted P. Stockmar 1700 Broadway, Suite 100 Denver, Codrap -3-
ARTICLE VIII The initial bylaws of the corporation shall be as adopted by the Board of Directors. Such board shall have power to alter, amend or repeal the bylaws from time to time in force and to adopt new bylaws. Such bylaws may contain any provisions for the regulation or management of the affairs of the corporation which are not inconsistent with law or these articles of incorporation, as the same may from time to time be amended. However, no bylaw at any time in effect, and no amendment to these articles, shall have the effect of giving any member, director or officer of this corporation any proprietary interest in its property or assets whether during the term of its existence or as an incident to its dissolution, ARTICLE IX The officers of the corporation, their term of office and the manner of designation and selection, the voting and other rights and privileges shall be set forth in the bylaws of the corporation. ARTICLE X Conveyances or encumbrances of all or any part of the corporate property may he made only upon the affirmative vote of eighty percent (80%) of the members of the corpora-tion voting at a regular or a special meeting of the members, -4-
but no fewer than a majority of all shareholders of the cor-poration, and the President shall be authorized to execute instruments of conveyance or encumbrance, and the seal of the corporation shall be affixed thereto and attested by the Secretary. ARTICLE XI The name and address of the incorporator s: Lino S. Lipinsky de Orlov 1700 Broadway, Suite 1800 Denver, Colorado 80290 Dated: October , 1985 7izccproztor 7 I -5-
VERIFICATION STATE OF COLORADO 58 CITY AND COUNTY OF DENVER a notary public, hereby cer- tify that on this ’? day of October, 1985, personally appeared before me Lino S. Lipinsky de Orlov, who being by me first duly sworn declared that he is the person who signed the foregoing document as incorporator and that the statements therein contained are true. Notary Public (SEAL) My Commission Expires -6- 0
1 Bill Gibson From:lindy Moore <acctgg@pepis.com>Sent:Thursday, August 09, 2012 3:22 PM To:Bill Gibson Cc:'JOHN & DIANA DONOVAN'Subject:Bighorn Building B To the Attention of Bill Gibson, As owners of unit #2 Bighorn Building B, We oppose the current plan to build a garage in the set back too close to our building. Thank you for considering our opposition to this, Sincerely, Pepi & Sheika Gramshammer
1 Bill Gibson From:Hale Moore <halem@vail.net>Sent:Thursday, August 09, 2012 3:26 PM To:Bill Gibson Subject:4192 E Columbine Way As owners of Unit #7 at 4207 Columbine, we are very concerned and opposed to the building of a garage at 4192 E Columbine Way. It will be extremely close to the back wall of our building B, and a gross inconvenience to our tenants. Please consider other options. Carol and Hale Moore PO Box 3746 Avon CO 81620
1 Bill Gibson From:John Donovan <puckhut@gmail.com>Sent:Thursday, August 09, 2012 3:59 PM To:Bill Gibson Subject:Bighorn building B August 9, 2012 Dear Members of the Planning and Environmental Commission, As owner of Unit 3 in Bighorn Building B I have c oncerns about the proposed garage located at 4192 East Columbine Way . I have lived in this townhouse for over 20 years and have consistently se en this location used as primary snow storage for the larger neighborhood. My kitchen window directly overlooks the proposed driveway and east end the proposed garage. Construc tion of this garage will have unintended negative consequences. I am also concerned about the headlight s shining directly into my bedroom fr om less than ten feet away. Due to these properties being developed before the Town of Vail had standard guidelines, th ere are not the traditional envelopes to shield residences from the impact of driveways. Please consider the above concerns when you deliberate upon allowing the c onstruction of a garage with the setbacks. John Donovan 970-331-1957 4207 Columbine Drive 3# Vail CO, 81657 Sent from my iPhone
August 8, 2013 Dear Planning and Environmental Commission, I met with Bill Gibson and he was very helpful explaining the p lans in more detail for the garage proposed at 4192 East Columbine Way/Lots 25 & 26. I own and live in Unit 5 and am part owner of Unit 6. These are t he units closes t to the proposed surface parking space/ driveway. Both Bighorn Building B and Bigh orn Terrace properties were con structed before town regulations. This has resul ted in some very unique propert y alignments and proximity issues. It also means that setbacks that traditional insulate homes from driveways or other neighbors do n ot exist in the Bighorn neighb orhood. The neighborhood was designed as a package, not as one‐off residenc es so existing green space was meant as permane nt buffers. None of the plans I saw showed the relationship of Bighorn Building B to Bighorn Terrace. It is cr itical to view these properties together as that is h ow they were originally designe d. Because these properties where built before th e regulations, they need to be examined beyond just the litmus test of do they fit w ithin the current guidelines. The current proposal has a parkin g space/driveway within 10 fee t (approx.) of a year around residence. The desig n of the driveway also means t hat headlights will shine into many of the Bighorn B uilding B units' bedrooms which are all situated along the back wall closest to the proposed driveway. Seven of these eight units are occupied year around. I believe you have a site visit scheduled before your meeting. Please pay particular attention to the layout of the d riveway/surface parking which i s the of building a garage entirely within the setback. If you have questions please call me at 970.390.7113 anytime. Respectfully, Kerry Donovan Owner/Dweller Bighorn Unit 5 Part Owner Unit 6
August 9, 2012 RE: 4192 E Columbine Way..garage variance Vail Planning and Environmental Commission As the owner of units 4, 6 and 8 (4 and 6 in partnership with my children) I strongly oppose this proposal for the following reasons amongst others. 1. It is a negative impact on our units which are occupied fulltime thus acting as employee housing. 2. There are other locations for the garage that are less of a negative impact and more conforming to town regulations. 3. This Bighorn complex was designed with the unbuilt areas to serve as buffers between Bighorn Terrace and Buildings A & B. The standard setbacks do not exist within this group of complexes including our Building B. The garage wall will be in the “face” of 4 of the units in the 8 unit building. The headlights from the unnecessary turn around area, which will also serve as a parking area, will shine directly into bedroom and bathroom windows. 4. The loss of major, mature vegetation. 5. The proposal for a new building for a garage and a turn around area is certainly non conforming for this compact development built in the 60’s. 6. Drainage onto our property appears to be a valid concern. 7. Putting a structure that close to our building would seem to be a fire hazard and would preclude ever burying the overhead utility lines between our complexes. 8. Buildings A and B should be shown on the maps as this Water and Sanitation District was planned to work as one complex. In fact, we all share ownership of the pond open space and the rental unit on the pond. We have had a unit in Building B since the late 1960’s and have always used our units as very affordable employee housing. I also serve as manager for Building B. I am very familiar with the larger complex and see this garage building not as an improvement for the complex but as an intrusion into a site that is already overbuilt and with too much pavement. The proposal is not only nonconforming according to town regulations but is also nonconforming to the specific neighborhood it is in. Please deny the requested variance. Thank you for your consideration of our concerns. John & Diana Donovan 1014 Homestake Circle Vail, Colorado 81657 dianamdonovan@msn.com