HomeMy WebLinkAboutPEC080066 Planning and Environmental Commisson
ACTION FORM
t Department of Community Development
TOWN 0 ' TT ' 75 South Frontage Road, Vail, Colorado 81657
Y tel: 970.479.2139 fax: 970.479.2452
CY.M.1JNITYOEvELOPAIENr web: www.vailgov.corn
Project Name: PEC Number: PEC080066
Project Description:
VARIANCE FOR EXISTING GRADE HEIGHT
Participants:
OWNER HOWENSTINE, ANNE LORRAINE 10/27/2008
2754 S FRONTAGE RD W
VAIL
CO 81657
APPLICANT BETH LEVINE, ARCHITECT 10/27/2008 Phone: 970-926-5099
P.O. BOX 1825
AVON
CO 81620
License: C000001399
ARCHITECT BETH LEVINE, ARCHITECT 10/27/2008 Phone: 970-926-5099
P.O. BOX 1825
AVON
CO 81620
License: C000001399
Project Address: 2754 S FRONTAGE RD W VAIL Location:
Legal Description: Lot: B-2 Block: Subdivision: STEPHANS SUBDIVISION
Parcel Number: 2103-143-1700-5
Comments:
BOARD/STAFF ACTION
Motion By: Action: APPROVED
Second By:
Vote: Date of Approval: 04/10/2009
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Planner: Bill Gibson PEC Fee Paid: $500.00
J�
y
Variance Application for Review by the
.., Planning and Environmental Comm i s - w ( .-
�. Department of Community Development -'
TOWNOF ` 75 South Frontage Road,Vail, Colorado 81657 ® � ,, f
1 V n1Y 11 t1iL tel: 970.479.2128 fax: 970.479.2452
web: www.vailgov.com -
I TOW�11 1 �FVAIL
General Information: F V ..__...
All projects requiring Planning and Environmental Commission review must receive approval prior to sub itting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town •
Council and/or the Design Review Board.
i
Type of Application and Fee:
❑ Rezoning $1300 ❑ Conditional Use Permit $650
❑ Major Subdivision $1500 ❑ Floodplain Modification $400
❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650
❑ Exemption Plat $650 ❑ Major Exterior Alteration❑ Development Plan $1500
$0
❑• Minor Amendment to an SDD $1000 P
❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250
❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300
❑ Major Amendment to an SDD $1250 X Variance $500
(no exterior modifications) ❑ Sign Variance $200
�' �, "w �, / �
Description of the Request:
a--06G 0 14_etw -(-1, e by i Li.4 4-6 G� -9-fC(tiw Vj L.0 ! vain (Qc ✓4r�
.
Location of the Proposal: Lot:i i• Block: Subdivision: 1 r ••fry`' 5,04A 11‘1fr /�1
Physical Address:
Z� - 6.-1--,a, ird . it)
Parcel No.: Zi v ) +1-'1 lv o 5� (Contact Eagle Co. Assessor at 970-328-8640 for p rcel no.) .
Zoning: at -;<-e v
Name(s) of Owner(s): Li() `,^. � CO
Mailing Address: 215 4 /2/7 69M U- e, V I e C1
0I06-1 Phone: f(7D. 4770- 6-11
4. Owner(s) Signature(s): Am.... - -
Name of Applicant: i3/4171 ( vt-e Alrel/afe-eA- J C -
Qt2 (3�� tDz� /�tov �v e1(O20
Mailing Address:
Phone: 170• I q
Ze2. eftqq'
E-mail Address:
124+11 e Fax 1'?9 ' 17ly • Z1‘1
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1:2(h/1 hilt('
l Vi e a ✓^GPit,i-- . Cowl
For Office Use Only: pp .v ^�,(�/
Fee Paid: g'4cJ� Check No.:2_`�1 By
Meeting Date: 11 2.14 PEC •.. WIWI • �i
Planner: WI Project No.: iirmo ri • i
F:\cdev\FORMS\Permits\Planning\PECWariance.doc
Page 1 of 6 1/4/06
I .
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` JOINT PROPERTY OWNER TOWN rpOF V WRITTEN APPROVAL LETTER .•
I, (print name) t ov 14161.g E , • joint owner of property located at
I i
27STh ,
provide this letter as written approval of the plans dated FeN
which have been submitted to the Town of Vail Community Development Department for the
proposed improvements to be completed at the address noted above. I understand that the
. proposed improvements include:
jz�h /
sec tau d -(?tic tDU it 7
V �lf • t-
,?aDd io/a, in e(141-v-a-vt ex_ - u .
,)--/ing,
z i ./i_ fll4 0 mate)
(Signature)
Additionally, please check the statement below which is most applicable to you: •
0 I understand that minor modifications may be made to the plans over the course of the
review process to ensure compliance with the Town's applicable codes and regulations.
(Initial here)
I request that all modifications, minor or otherwise, which are made to the plans over the
course of the review process, be brought to my attention by the applicant for additional f3 proval
before undergoing further review by the Town. • I
(Initial here)
i
f.
1/4L,.._,_ Application for a Variance
I. Submittal Requirements
TOWN OFVAL ' q
GENERAL INFORMATION
Variances may be granted in order to prevent or to lessen such practical difficulties and unnecessary physical hardships as would
result from the strict interpretation and/or enforcement of the zoning regulations inconsistent with the development objectives of
the Town of Vail. 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.
I. SUBMITTAL REQUIREMENTS
❑ Fee: $500.00 - .eq rte.`-j
❑ Stamped, addressed envelopes and a list of the property owners adjacent to the subject property, including
properties behind and across streets. The list of property owners shall include the owners' name(s), corresponding mailing
address,and the physical address and legal description of the property owned by each.The applicant is responsible for correct
names and mailing addresses.This information is available from the Eagle County Assessor's office.
rfue'tt 1 Ou 4,
❑ Title Report,including Schedules A&B _ 4-e ti rvu'
,❑ Written approval from a condominium association,landlord,and joint owner, if applicable. — .e.a G(vv .
td A written description of the nature of the variance requested and the specific regulation(s)involved,iriIdudin an
explanation of why the variance is required and why the strict or literal interpretation of the specific regulation(s) 9
in physical hardship or practical difficulty. p Would result
y, A written statement addressing the following:
a. The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is n ry to
achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this tie without
grant of special privilege.
c. The effect of the variance on light and air, distribution of population, transportation, traffic facilities, utilities, land public
safety.
d. How the request complies with adopted Town of Vail planning policies and development objectives.
❑ Stamped Topographic Survey(Four complete sets of plans). �r-v to-VS
❑ Existing and Proposed Site and Grading Plans(Four complete sets of plans). eL,t „4 2. f
❑ Existing and Proposed Architectural Elevations(Four complete sets of plans). r i-e- N I'o L'S
❑ Existing and Proposed Architectural Floor Plans(Four complete sets of plans).
��vlili5
CY-A-I-I-plans must also be submitted in 8.5"x 11"reduced format. These are required for the Planning and Environmental
Commission members'information packets.
1/v1.ao S-t-r/L
❑ Additional Material:The Administrator and/or PEC may require the submission of additional plans,drawings,specifications,
samples and other materials if deemed necessary to properly evaluate the proposal.
I have read and understand the above listed submittal requirements:
Project Name: 1 J-e-l'h i 6.141) 11 -C , /G24 1- L /1/2- L
Ifi
Applicant Signature:
Date Signed: /d 77 , .
F:\cdev\FORMS\Permits\Planning\PEC\variance.doc Page 3 of 6
1/4/06
i
Town of Vail
Written Description and
Written Statement
for
Application for a Variance
Change to approved Variance:
10-27-08
The proposed project was approved by the P & E on Augu.t
25th. The building permit process required the project be
raised 18" to ensure that it was 1'0" above the floodplain f o r
the TOV building code.
The request to the approved variance is to establish the ne
height of original grade under the building to be 7830.0'.
The proposed project is Lot B in the Stephens Subdivision, To
of Vail; parcels B-2. The address is: 2754 South Frontage Ro.d
West.
The proposed project was part of an amended final plat and
floodplain modification dated April 24, 2006 and approved by the
Town of Vail. The floodplain modification resulted from a s dy
done by Hydrosphere Resource Consultants in October of 2006 .
The study identified the areas of Lot B that were to be filled . d
the area that became a spillway for the river because of the
Kinnikinnick Bridge.
Lot B-2 is requesting three variances because of a hardship cr:ated
on the property from the construction of the Kinnikinnick Bri•ge.
Lot B-2 lost a significant portion of the buildable site area to .
spillway created by the Kinnikinnick Bridge.
1 . Written Description:
a. Variance Request: for floodplain modification.
The Town of Vail approved a final review of an amended fina plat
on April 24, 2006.
The approval has expired the two year period and Lorraine
Howenstine would like to renew the approval.
b. Variance Request: for building in the front set back. Became
the spillway reduced the buildable area on the site, Lorraine is
asking to build in the front set back. The Town of Vail discus.ed
this option with Lorraine during the Kinnikinnick study. The
reduction in the buildable lot area is a hardship for distributint the
GRFA on the site.
c. Variance Request: for 600 sq.ft. of garage space for the EH .
The site is allowed a 1200 square foot EHU. The 1200 squar feet
will require two parking spaces. Because the buildable site ar a
was reduced with the spillway, it would be very beneficial for the
site the have the two cars in a garage instead of not being cov red
for the winter snow removal and the site circulation.
d. Access Request: Access Easement (Reception No. 305440
provides access for lots B-1 and B-2 though the Town of Vail
property. The requested access has been drawn on sheet A2.4.
The access also includes access for the fire departments beca se of
the distance from the road to the property. The requested acc:ss is
similar to parcel C of the Stephens Subdivision directly to the east
of parcel B.
e. Variance requested to raise the height of original grade o
7830.0' because of the requirements for the FEMA and th
Town of Vail building requirements to be out of floodplai .
2. Written Statement
a. The requested variances and the requested access relate dire tly
to the adjacent properties. Parcel C to the east of the property as
the fire department access in the Access Easement also. The
property to the west of parcel B has an EHU with a three car
garage and Lorraine's request is for a two car garage. The re•uest
for the construction in the front set back is a unique request
because of the hardship created by the spillway. Because the
property is bordered on the north with the access easement for the
Town of Vail, building in the front set back will relate to the
neighboring structures because there will be landscaping betw en
the house and the road.
All of the properties in the Stephens Subdivision are requi led
to bring their properties out of the floodplain, thus all of t e
properties will need to be raised.
b. The Kinnikinnick Bridge created a hardship for property B-
because of the spillway. Property C and B-2 are the two properties
that have had a spillway created on their properties. Both oft ese
properties will have the same access in the access easement . •
interpretation of the easement. The construction in the front sit
back give property B-2 significant relief from the reduction o
buildable area in the spillway. This provided B-2 the same
development potential as the adjacent properties.
Because the property is required to be filled, raising the hey ght
of original grade allows B-2 to be judged fairly for the
allowable height by basing the height on the new required
grade.
c. The effect of none of the variance requests will be signific. •t to
the light, air, distribution of population, transportation, traffic
facilities, utilities and public safety because the development
potential of the site has not been changed; it remained the sally .
The access easement between the road and the property also
insures that the variances will not adversely affect the
surroundings.
The requested variance will not add any additional impact on
the site.
d. The requests comply with the Town of Vail planning polici;s
because all of the development standards are able to be met wi h
the requested variances and access. The access easement allo s
for a greater distance from the road to the house than a 20' fro t set
back and will reflect the intention of the town set backs. The
garage for the EHU will comply with the town's desire to hay;
parking spaces indoors for each dwelling unit.
The request to raise the site grading is in keeping with the
Town of Vail's desires to not have properties in the floodp . in.
The new grade brings the property out of floodplain and t en
the building is in keeping with the town standards for heig t
above grade.
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********************************************************************************************
TOWN OF VAIL, COLORADO Statement
********************************************************************************************
Statement Number: R080002046 Amount: $500.00 10/27/200804:12 PM
Payment Method: Check Init: JLE
Notation: 2917 BETH
LEVINE
Permit No: PEC080066 Type: PEC - Variance
Parcel No: 2103-143-1700-5
Site Address: 2754 S FRONTAGE RD W VAIL
Location:
Total Fees: $500.00
This Payment: $500.00 Total ALL Pmts: $500.00
Balance: $0.00
********************************************************************************************
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 500.00
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 24, 2008
SUBJECT: A request for a final review of a variance from 12-6E-7, Height, Vail Town Code,
pursuant to 12-17, Variances, Vail Town Code, to allow for a building in excess of
33 feet in height, located at 2754 South Frontage Road West/Lot B, Stephens
Subdivision, and setting forth details in regard thereto. (PEC080066)
Applicant: Lorraine Howenstine, represented by Beth Levine Architect, Inc.
Planner: Bill Gibson
SUMMARY
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc., is
requesting a final review of a variance from 12-6E-7, Height, Vail Town Code, pursuant
to 12-17, Variances, Vail Town Code, to allow for a building in excess of 33 feet in
height, located at 2754 South Frontage Road West/Lot B, Stephens Subdivision, and
setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, of both requests, subject to the findings noted in Section IX of
this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Lorraine Howenstine, represented by Beth Levine Architect, Inc., is
requesting a final review of a variance from 12-6E-7, Height, Vail Town Code, pursuant
to 12-17, Variances, Vail Town Code, to allow for a building in excess of 33 feet in
height, located at 2754 South Frontage Road West/Lot B, Stephens Subdivision, and
setting forth details in regard thereto.
The Applicant is proposing to construct a new residence and Employee Housing Unit at
2754 South Frontage Road. The majority of the existing site is impacted by the Gore
Creek 100-year floodplain. Due to the location of the creek's floodway, the Applicant
must raise the existing grade of the lot by approximately 18 inches to comply with
Federal Emergency Management Agency (FEMA) standards prior to construction of a
new residence.
The Applicant designed and obtained Town of Vail design review approval for a new
residence in compliance with the Town's 33 foot building height limit as measured to
both existing and finished grade; however, raising the grade of the lot by 18 inches to
address FEMA's floodplain requirements will consequentially raise the ridge elevation of
the proposed structure by approximately 18 inches. By raising the elevation of the
structure by 18 inches, the proposed new residence no longer complies with the Town's
33 foot height limit as measured to "existing grade." The proposed structure still
complies with the 33 foot height limit as measured to "finished grade".
A vicinity map (Attachment A) and the proposed architectural plans (Attachment B) are
attached for reference.
III. BACKGROUND
The existing structures on the subject site were originally constructed under Eagle County
jurisdiction in 1963.
The subject site was annexed into the Town of Vail in 1980 and formally platted under
Town of Vail jurisdiction in 1984 as part of Lot B, Stephens Subdivision.
In 1985, the subject property was de-annexed from the Town of Vail. Then in 1987, the
subject properties were re-annexed into the Town of Vail and zoned Residential Cluster
District.
In 2001, the Applicant obtained Town of Vail approval to divide Lot B, Stephens
Subdivision, into the existing Lots B1 and B2 for ownership purposes, with the conditions
that for zoning purposes the two lots are to be treated as one entity.
In 2005, the Planning and Environmental Commission approved an amended final plat to
correct inaccurate floodplain data shown on the previous subdivision plats. The
Commission also approved a master grading plan to raise Lots A, B1, B2, and C,
Stephens Subdivision to allow for the mitigation of the Gore Creek 100-year floodway
(this approval does not affect the Gore Creek 100-year flood plain). Pursuant to these
approvals, the allowable density for Lot B shall be based upon a "buildable" lot size of no
less than 12,270 sq. ft., thus establishing a minimum allowable gross residential floor
area (GRFA) limit of 4,417 sq. ft. for the combination of Lots B1 and B2. Based upon full
implementation of the master grading plan the buildable area could be increased to
15,390 sq. ft., thus allowing up to 5,540 sq. ft. of GRFA.
On July 28, 2008, the Planning and Environmental Commission approved setback
variances to facilitate the construction of a new residence and employee housing unit
associated with this request. On August 6, 2008, the Design Review Board approved
the design review application associated with this new residence and EHU.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design
review application will be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-16, Conditional Use Permits, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval
with modifications, or denial of any accompanying design review application.
V
decision of the Planning and Environmental Commission and/or Design Review
Board.
Town Council:
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
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 12-6E: Residential Cluster District (in part)
12-6E-1: PURPOSE:
The residential cluster district is intended to provide sites for single-family, two-
family, and multiple-family dwellings at a density not exceeding six (6) dwelling
units per acre, together with such public facilities as may appropriately be located
in the same zone district. The residential cluster district is intended to ensure
adequate light, air, privacy and open space for each dwelling, commensurate
with residential occupancy, and to maintain the desirable residential qualities of
the zone district by establishing appropriate site development standards.
12-6E-7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet
(30). For a sloping roof, the height of buildings shall not exceed thirty three feet
(33').
Chapter 12-17: Variances (in part)
12-17-1: Purpose:
A. Reasons for Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity, or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with respect
to the requested variance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility
and uniformity of treatment among sites in the vicinity, or to attain the
objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities, and
public safety.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
B. Necessary Findings: The planning and environmental commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of
other properties in the same zone district.
VI.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Existing Buildable Area:
Proposed Buildable Area:
Hazards:
2754 South Frontage Road
Lot B (specifically B2), Stephens Subdivision
Residential Cluster
Medium Density Residential
Two single-family residences (Lots B1 & B2)
23,344 sq.ft. (0.5359 acres)
no less than 12,270 sq.ft (per plat)
15,390 sq.ft. (0.353 acres)
Gore Creek 100-year floodplain
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Standard Allowed/Required Existin Proposed
Height 33' n/a 34.8'
VII. SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Right-of-Way and Open Space Outdoor Recreation
South: Residential Residential Cluster
East: Residential Residential Cluster
West: Residential Residential Cluster
VIII. REVIEW CRITERIA
The review criteria for a request of this nature are established by Chapter 12-16, Vail
Town Code.
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
Staff believes the Applicant is proposing to upgrade an existing non-conforming dwelling
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.
The majority of the existing site is impacted by the Gore Creek 100-year floodplain. Due
to the location of the creek's floodway, the Applicant must raise the existing grade of the
lot by approximately 18 inches to comply with Federal Emergency Management Agency
(FEMA) standards prior to construction of a new residence. The Planning and
Environmental Commission approved a master grading plan to raise Lots A, B1, B2, and
C, Stephens Subdivision to allow for this mitigation of the Gore Creek 100-year
floodway.
The Applicant designed and obtained Town of Vail design review approval for a new
residence in compliance with the Town's 33 foot building height limit as measured to
both existing and finished grade; however, raising the grade of the lot by approximately
18 inches to address FEMA's floodplain requirements will consequentially raise the ridge
elevation of the proposed structure by approximately 18 inches. By raising the elevation
of the structure by approximately 18 inches, the proposed new residence no longer
complies with the Town's 33 foot height limit as measured to "existing grade." The
proposed structure still complies with the 33 foot height limit as measured to "finished
grade".
While the structure will no longer comply with the 33 foot height limit as measure to
existing grade, Staff believes the proposed structure is in keeping with the intent of that
height limit since the Applicant is not artificially altering the characteristics of their
property to intentionally obtain a taller house, improved views, etc. Instead the property
is being altered to the minimum degree necessary to comply with FEMA's floodplain
regulations.
Due to these unique characteristics of the subject property and the multiple
encumbrances on the development of the subject site, Staff believes the proposed
variance is necessary for the Applicant to achieve compatibility and uniform treatment
among other sites in the Residential Cluster District. Due to the unique circumstances
associated with the subject property, 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, or utilities in comparison to existing conditions of the
site.
4. Such other factors and criteria as the commission deems applicable to the
proposed variance.
IV. STAFF RECOMMENDATION
The Community Development Department recommends approval of a final review of a
variance from 12-6E-7, Height, Vail Town Code, pursuant to 12-17, Variances, Vail
Town Code, to allow for a building in excess of 33 feet in height, located at 2754 South
Frontage Road West/Lot B, Stephens Subdivision, and setting forth details in regard
thereto. This recommendation is based upon the review of the criteria outlined in Section
VIII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission approves the Applicants' request
fora variance from 12-6E-7, Height, Vail Town Code, pursuant to 12-17,
Variances, Vail Town Code, to allow for a building in excess of 33 feet in height,
located at 2754 South Frontage Road West/Lot B, Stephens Subdivision, and
setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve this variance
request with condition(s), the Community Development Department recommends the
Commission makes the following findings:
"Based upon a review of Section Vlll of the Staff's November 24, 2008,
memorandum to the Planning and Environmental Commission 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 Residential
Cluster District.
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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 interpretation or enforcement of the specified regulation will
result in practical difficulty or unnecessary physical hardship inconsistent with
the objectives of Title 12, Zoning Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Residential Cluster District. "
X. ATTACHMENTS
A. Vicinity Map
B. Proposed Architectural Plans
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Attachment A