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HomeMy WebLinkAboutPEC060043Ptanning and Environmental comm ,*!; /2/k'b ACTION FORM Departrnent of Community Developrnent 75 South Frontage Road, Vail, Colorado 81657 teli 970.+79.2135 fax: 970.479.245D web: www.vailgov.com \ CO{ih $lllY EllELOPllErtr ProjectName: EDELWEISS Project Descriptlon: SETBACK ENCROACHMENTS FOR NEW FRONT ENTRY AND REAR DECI(BALCONIES Participants: OWNER KERNS, LEONARD R., JR FAMILYO6/12/2006 KERNS, RITA J. TRUSTEE 990 N LAKE SHORE DR ATT 12C CHICAGO IL 60611 APPUCANT |ARRY DECKARD, ARCHITECT 0611212006 Phone: 970-569-3102 PO BOX 725 AVON co 81620 License: C000001796 ARCHITECT LARRY DECIGRD, ARCHITECT 0611212006 Phone: 970-569-3102 PO BOX 725 AVON co 81620 License: C000001796 Project Address: 103 WILLOW PL VAIL Location: EDELWEISS CONDOS Legal Description: Lot: 4 Block: Subdivision: EDELWEISS COND. ParcelNumber: 2101-082-1500-1 Comments: BOARD/STAFF ACTION PEC Number: PEC060043 Motion By: Second By: Vote: Conditions: K]ESBO JEWTTT 7-O Action: APPROVED Date of Approvalz O7 | L0l2O06 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of T Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval, Cond: CON0008252 This approval shall be contingent upon the applicant receiving Town of Vail ' of the design review application associated with this variance request. : Planner: Bill Gibson PEC Fee Paid: $500.00 f , FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department July 10, 2006 A request for a final review of a variance, from Sections 12-6H-6, Setbacks, and 12-14-17 , Setback f rom Water Course, Vail Town Code, pursuant to Chapter 1 2- 17, Variances, to allow for a new front entry and deck addition within the setbacks, located at 103 Willow Place/Lot 4, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0043) Applicant: Edelweiss Condominium Assoc., represented by Larry DeckardPlanner: Bill Gibson SUMMARY The applicant, Edelweiss Condominium Association, represented by Lany Deckard, is requesting a variance, from Sections 12-6H-6, Setbacks, and 12-14-17, Setback from Water Course, Vail Town Code, pursuant to Chapter 12-17, Yariances, to allow for a new front entry and deck addition within the setbacks, located at 103 Willow Placeilot 4, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. Based upon Staff's review of the criteria in Section VIll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with a condition, of the variance request subject to the findings and condition noted in Section lX of this memorandum. DESCRIPTION OF REOUEST The Edelweiss Condominium is located within the High Density Multiple-Family (HDMF) District and is currently legally non-conforming in regard to several of the HDMF development standards such as setbacks. The applicant is requesting approval of a front setback variance to allow for the renovalion of the front entry located on the south elevation of the building. The applicant is also requesting a rear setback variance and Gore Creek stream setback to allow for the construction of a new deck and two new French balconies at the rear (i.e. north elevation) of the building. The front entry renovation will include the enclosure of an existing open-air vestibule, which complies with the 2O-foot front setback requirement. This proposed vestibule enclosure is defined as a "common element"; and therefore, does not affect the gross residential floor area (GRFA) or parking requirements for the Edelweiss. While the vestibule enclosure complies with the setback requirements, the proposed entry feature and entry roof both encroach within the front setback. The proposed entry feature will include three steps and entry doors; however, the entry feature has been design with open sides and open front windows to minimize its perceived bulk and mass. The proposed entry roof has the same surface area as the existing legally non-conforming il1. entry roof and encroaches no further into the front setback than the existing legally non- conforming entry roof. The rear (i.e. north elevation) of the existing legally non-conforming Edelweiss building is currently located within the 20' rear setback and within the 50' Gore Creek stream setback. Due to the location of the existing building, the above-grade deck and two above-grade French balconies proposed by the applicant do not comply with setback requirements. The proposed deck and balconies have been designed to be match the existing decks located at the rear of the Edelweiss. The proposed above-grade deck and balconies will have no impact to wetlands, stream banks, etc. Related to these setback variance requests, the applicant is proposing significant changes to the exterior building materials, colors, and details which will be reviewed further by the Design Review Board at its July 19, 2006, public hearing. A vicinity map (Attachment A), the applicant's request (Attachment B), photographs Attachment C), and the proposed architectural plans have all been attached for reference (Attachment D). BACKGROUND The Edelweiss development site was originally platted in 1962 as part of the VailVillage Filing 1. The development site was included in the original Town of Vail established in 1968. The existing Edeweiss building was originally constructed in 1970, prior to the 1972 adoption of zoning regulations by the Town of Vail. The Edelweiss is currently non- conforming in regard to several provisions of the Town of Vail zoning regulations. The design review application associated with this proposal was conceptually reviewed by the Town of Vail Design Review Board at its June 21, 2006, public hearing. The Board responded very favorably to the applicant's proposal. 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 'l 2-17, Variances, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or tv. V. Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to lhe review of this proposal: TITLE 1 2: ZONING REGULATIONS Article 12-6H: High Density Multiple-Family (HDMF) District (in part) 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple- family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resoft qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: SETBACKS: The minimum lront setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be tvventy feet (20'). Chapter 12-17:Variances (in part) 12-17-1: PURPOSE: A. Beasons For Seeking Variance: ln 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 difficultv or conditions on the site or in the immediate vicinitv: or from other phvsical 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 ANALYSISAddress: 103 Willow Place Legal Description: Lot 4, Block 6, Vail Village Filing 1Zoning: High Density Multiple-Family (HDMF) Land Use Plan Designation: Village Master Plan Current Land Use: Multiple-Family Residential Lot Area: 0.3633 acres (15,825 sq. ft.) Standard Allowed/Reouired Existino Prooosed Setbacks:Front: 20 ft. 14 ft. no changeSides 20 ft. 0 ft./ 1 ft. no changeRear: 20 ft. 0 tt. no change Site Coverage (max): 8,704 sq. ft. (55%) 6,762 sq. tl. (43%ol 6,945 sq. tt. (44%) Landscaping (min): a,7a8 sq.ft. (30%) 7,272sq.ft. (46%) no change VII. SURROUNDING LAND USES AND ZONING Land Use ZoninoNorth: Gore Creek Outdoor Recreation (OR) South: Willow Park Outdoor Recreation (OR) East: Multiple-FamilyResidential HighDensityMultiple-Family(HDMF)West: Multiple-FamilyResidential HighDensityMultiple-Family(HDMF) VIII. CRITERIA AND FINDINGS The review criteria for a variance requesl are established by Chapter 12-1 7, Variances, Vail Town Code. A. Consideration of Factors Reoardino Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The existing Edelweiss building is non-conforming in regard to several provisions of the Town's zoning regulations such as setbacks. The proposed front entry and rear deck/balcony encroachments are no greater than the exisling conditions. Staff does not believe the proposed setback variances will have a significant negative affect upon other existing or polential uses and struclures in the vicinity in comparison lo existing conditions. 2. The degree to which reliel from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity ot treatment among sites in the vicinity e or to attain the objectives of this title without a grant of special privilege. The Edelweiss was approved by the Town of Vail and constructed prior to the Town adopting zoning regulation in 1972. The Planning and Environmental Commission has consistently held that construction of a slructure prior to the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. The applicant is not proposing lo encroach further into the required front, rear, or stream setbacks than the existing legally non-conforming building. In recent years, the Planning and Environmental Commission has granted similar setback variances for legally non-conforming properties within the High Density Multiple-Family District such as the adjacent Riva Ridge North and Riva Ridge South. Other similarly non-conforming properties such as the Lodge Tower and Mountain Haus have also been granted similar setback variances in other zone districts. 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 High Density Multiple-Family District. Additionally, Staff does not believe this proposal will constitute a grant of special privilege. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public lacilities and utilities, and public safety. Since the proposed setback encroachmenls are no greater than the existing legally non-conforming encroachments; 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. Such other factors and criteria as the commission deems applicable to the proposed variance. The Edelweiss is located within the "Periphery/Surrounding Area" of the Vail Village Master Plan. While the Edelweiss is not subject to the architectural standards of the Urban Design Guide Plan for the Vail Village, Staff believes the proposed Edelweiss renovations are in keeping with the intent and purpose of these guidelines. The Edelweiss is located within the Willow Circle Sub-Area #2 of the Vail Village Master Plan. While there are no specific plan recommendations associated with the Edelweiss, Staff believes lhe proposed renovation of the Edelweiss is consistent with the overall goals of the master plan. Specifically, Staff believes the proposed renovations further the goals of 4. B. encouraging the upgrading of residential properties and improving the pedestrian experience within the village. The design review application associated with this proposal was conceptually reviewed by the Town of Vail Design Review Board at its June 21, 2005, public hearing. The Board responded very favorably toward the applicant's proposal. before orantino a variance: 1. That the granting of the variance will not conslitule a granl 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 ditficulty or unnecessary physical hardship inconsistent with the objectives of this title.b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone.c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. STAFF RECOMMENDATION The Community Developmenl Department recommends approval, with a condition, of a variance, from Sections 12-6H-6, Setbacks, and 12-14-17, Setback from Water Course, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new front entry and deck addition within the setbacks, located at 103 Willow Place/Lot 4, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section Vlll of this memorandum and the evidence and testimony presenled. Should the Planning and Environmental Commission choose to approve this variance requesl, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with a condition, the applicant's request for a variance from Sections 12-6H-6, Setbacks, and 12-14- 17, Setback from Water Course, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new front entry and deck addition within the setbacks, located at 103 Willow Place/Lot 4, Block 6, Vail Village Filing 1, and setting forth details in regard thereto, subject to the following condition: .r;rri''lFfl!, tx. 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this variance request." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the High Density. Multiple-Family(HDMF)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 interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the High Density Multiple-Family (HDMF) 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 High Density Multiple-Family (HDMF) District." ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Photographs D. Architectural Plans E. Public Hearing Notice Attachment: Attachment: B I-arroA.DedsrdALA. P.OBo(725 ArarrCdcra& 8l@ IhrEgro)56tr3102 Far(lID)56F3lG June 12,2006 To: Torvn of Vail Planning and Environmenbl Commission Deparfnent of Community De\relopment 75 Soutr Frontage Rd. Vail, CO 81657 (97O) 479-2139 Dear Sirs: This letter is to describe the nature of the variance request br the Edelweiss condominium building at 103 Willow Place in Vail. The EdeMeiss homecnivners want to do a remodel of he exterior of their existing building. This remodel will include new deck rails, new sfucco colors, new window casings and shutbrs and reconfiguring of the fiont entry and enEy vesiibule space. The existing enfy structure roof encroaches on the ftont 20 bot building setback by about six feet The proposed new entry structrre will have he same roof area and fre same encroachment. The new enfy way will remedy existing head height problems (66" head dearance) and provide a more gracious entry statement The new entry design is of he same Tyrolean character as he new deck rails and building omamentatbn. The existing roof and the new roof configuration provide f,cr a covering over the steps ftat are neoessary ficr enfy into he building. There is no change b site coverage or building setbacks with the new loof configumtion. Riverhouse condominiums to the rrest of the Edelweiss did an exterior remodel in 1999. This building added a neu/ enty area and covering at the friont as part of heir remodel. This variance altows the Edelweiss Condominiums the ability tc impove he look of he existing building with no new enqoachments. Thank you ficr your attentnn in he reviewing of the Edehreiss request br a variance. Please let me knovv if additional inbrmation is needed. Attachment: C Aftachment: DutIm 1Il-r z IIII I I >o{ IIl-\t )\\ I a (n T Ef;4r FH roi u e xq g mx _'l uF fro fr I t d I I t q I E ! 6 I E e |( ,! fl F i I :m t{n TI\)z s fi 9 $I>z m E E E ll I s 6 Elt t{ ri i Tl[ 6 n- i* is EN r5 lli{iiilli ?t5F; r9;ii Eii; | {;!s:riil!r iii! di !r ,9:- 5lit:r l.t iii: i rl! ii! :ilatritt!ii r;f, iii i:t ;;! iitlr i;tt;,. ri6l6l:r. iei !:! iiF 'iErI ;t {iI f;- :!f 3i :i 9l ;! ri ti Ni ri iiffi i;iIi ri Ii l0Nt I Ire 5: ll itil 616:Iili 66it;iei 5r{l lY! il!i!! tt: l.il! lill[ 6! tiiil iil tg iiiii iiiiil!i !rIil d tr1r:6,!r! iix !li iH6 !iit:i ffi!rll !iirtt rti te ii EDELWEISS CONDOMINIUMS t03 wlLlow PLACE vAtL CoLOMDO 8l6jrl FACI,F. COUNTY col,()t!\D() '4^ 'r.iitrL{ l t e l I I , I I l i luvr It,rl j r/ \ ! ! I ii\l\ \';\r :\\' ir i. \ \ \r\ tl ,t!* t']l $o 6 ! 'I \ E It o-t ott 6 EIoz U rn ot-I oz 0 T_ z o n on -ooo t! !zo t ooo:- Ffltfiffifm ffitffi [dffiflffi @ffitffiB iiliii t;R iiHr5E t_ czo qtl{)r I-r do\t -.1I { o 5 iiii';'i'ii, t, { u -zo on-llr -zo o 5 oc{ att{> F II ; H G-l oz { tl2I o>Ittf I Ii ltxo{z0lroFo{rI|tlF Itz Il--ji I E c 5 ro Ft${ I-]T tt1- IrooI Ir>z : o i F EI I z m (n 4 Aoo I RI Ft I -J f- I I I I L__ --.1 I ll Ir I __l 8It:II ^lil il I lqE!til IIrl li EIii $CfiF P' a a, :t niii$iii riii:i! tffI; ,ii$ii fI6lc"tPE tililii ffi|illil fi .-..'..'.'-.'. 6S59=g=-Fi;.'f3rFE;i iaF =-f,* Raal ino E=; -<i ^6 b'r \ Attachment: E THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with seclion 12-3-6, Vail Town Code, on July 10, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat, Vail Town Code, to allow for the combination of Lot 1 and Tract A of the Cliffside Subdivision into a single lol, located at 1452 Buffehr Creek Road/ Lot 1 and Tract A, Cliffside Subdivision, and setting forth details in regard thereto. (PEC06-0042) Applicant: Mike YoungPlanner: Warren Campbell A request for a final review of a variance, from Sections 12-6H-6, Setbacks, and 12-14- 17, Setback f rom Water Course, Vail Town Code, pursuant to Chapter 1 2-1 7, Variances, to allow for a new front entry and deck addition within thessetbacks, located at 103 ) 1*..rr+. Willow PlacelLol 4, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0043) Applicant: Edelweiss Condominium Association, represented by Larry DeckardPlanner: Bill Gibson A request for a final review of a variance, from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to chapter 12-17, Variances, lo allow for a bedroom addition within the front and side setbacks, located at 4269 Nugget Lane/Lot 3, Bighorn Estates Townhouses, and setting forth details in regard thereto. (PEC06-0044) Applicant: Nugget Lane Partners, LLC, represented by Morter ArchitectsPlanner: Elisabeth Reed A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for text amendments to Anicle 12-74, Public Accommodations District, Vail Town Code, to allow for banks and financial instilutions as a conditional use within the Public Accommodations District, and setting forth details in regard thereto. (PEC06-0047) Applicant: Town of VailPlanner: Rachel Friede The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 97 0 - 47 9-21 38 f or additional inf ormation. Sign language interpretation is available upon request, wilh 24-hour notjlication. Please call970-479-2356, Telephone for the Hearing lmpaired, for information. Published June 23, 2006, in lhe Vail Daily. Application for Review by the Planning and Environmental Commission Department of Coanmunity Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Goneral Informatlon: All projects requiring Planning and Environmental Commission review must receive apprcval prior to submitting a building permit application. Ple6e r€fer to the submittal requirements for the particular apprcval that is requesled. 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 ne€d to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: . Rezoning $1300 . Co. Malor Subdivision $1500 . Fl. Minor Subdivision $650 . Min. Exemption Plat $650 Maj. Minor Amendment to an SOD $1000 . D. New Special Development District $6000 . Am. ttlajor Arnendnent to an SDD $6000. Major Amendment to an SDD $1250 (no exteior modificafions) SS Descriptionof theRequest: FlbpT 'EtDxU Ett^aA,Aetrc^tf An fFI:Aorsr EtffRv L)^.( ib trtratl ExttTtFtb Epc*oeznatT. V NEN D1CE a^l Noe7-1l,pta| oFOuebTP nLtdF EtrttT'r't6 E&Prel.o Location of the Proposal: Lot: tf Block: ib SuFdlivisioni VDlv Vt Lc-f-K,- Ftz,sr Fr?.G Physical Address:-itolo -.,,^ VParcel No.:lf ?l?bAt50z? - (Contact Eagle zonins: Hlil+ fuPprfy nuuf t Faatuy e A fr ilame(s)ofowner(s): DOUb n6,'t,f, C" 'ooer4-Stdl^tT I ,l MaifingAddress: ' .)tu-oJ nO..AOE VbtL d'O. 01697 Vl Owner(s) Signature(s): Mailing Address: E-mail Address:tlr"t Name of Applicant: €Jc&ae.S) Paee I of 604/01/04 +*'|+tt*t**++++t++*fl'}at'}+*t|'a{'**l'++++*r**l+****f*a+**t+++f***+t+******t+****+at*+t*t++r**r*t TOWNOFVAIL, COI,ORADO Statemeot**+{'*t'**++l*t*a*++***+i{rl+**t*f+++*raa*tl'*+**f+a*tt*f++*a++*t+*{'l'*'t+t+++*af,f{****+ta**rr*++* Statenent liturnber ! R0G0000282 Arnount,: $500.00 06/L2/200601 330 pM Payment Method: Check colfDo Assoc. Inlt: iIS NotatLon: 4507/EDELWEISS Permit No: Parcel No: Site Address: IJocation: This Palment.: PECO60043 2101-082-1500-1 10 3 WTIJIJOW PIJ VAII' EDELVIEISS COI{DOS $s00.00 Type: PEC - Variance Total Feeg: ToTaI AJ,L Pmts: Balance: $soo. oo $s00.00 90.0o*+*t*++****+*a***t++*+****l***+*++**r***f****++t+**a*ttt{'**+++***+**t**r**++*****++****t*+** ACCOI.JNT ITEM LIST: Account Code DeEcript,ion eurrent PmtE PV 00100003112500 PEC APPIJIEATION FEES 500.00