HomeMy WebLinkAboutPEC130006 Odum PEC PACKET 022513
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 25, 2013
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 Code, to allow for the construction of a bay window within the side setback, located at 4254
Columbine Way/Lot 9, Bighorn Terrace, and setting forth details in regard
thereto. (PEC130006)
Applicant: Johnnie and Deb Odum, represented by Rodney Molitor
Planner: Rachel Dimond
I. SUMMARY
The applicants, Johnnie and Deb Odum, represented by Rodney Molitor, are requesting
a variance from the setback standards of the Medium Density Multiple-Family District to allow for the construction of a bay window within the required 20 foot side setback.
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 a condition, of this application subject to the findings noted in Section VIII of this memorandum.
A vicinity map (Attachment A), the applicant’s request (Attachment B) and proposed
plans (Attachment C) have been attached for review.
II. DESCRIPTION OF REQUEST
The applicant is requesting a setback variance to allow for encroachments into both
side setbacks for the construction of a new 11 square foot bay window. The bay window will match the existing bay window on the other half of the duplex, which was
permitted through a setback variance in 2009. The proposed bay window will encroach
6.4 feet into the side (west) setback, and will encroach 14.8 feet into the side (east)
setback. As a result, the bay window will be 13.6 feet from the west property line and
5.2 feet from the east property line.
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III. BACKGROUND
The subject residence at Bighorn Terrace was originally constructed in 1967 under
Eagle County jurisdiction 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 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 regulations may be a basis for granting a variance from the Town’s
current zoning regulations.
Numerous setback variances have been granted to units within the Bighorn Terrace neighborhood and are further described below, including the other half of the duplex (lot
10) for the same setback variance for a bay window:
Date Lot/Applicant Variance Type Variance Amount Staff Recommendation PEC Action
1977 #7 - Benysh GRFA 130 square feet Approval Approved Setback 8 feet Approval Approved
1978 Tract A - Rowe GRFA 473 square feet Denial Approved Setback 7.5 feet Denial Approved
1978 #23 - Alder GRFA 66 square feet Denial Approved
Setback 8 feet Denial Approved
1978 #20D - Turnbull Setback 7 feet Approval Approved 1980 #13 - Curfman GRFA 177 square feet Denial Approved
1982 #9 - Odum GRFA 122 square feet Denial Tabled Setback 18 feet Approval Tabled
1982 #9 - Odum Setback 18 feet Approval Approved
1983 #11 - Houston GRFA 80 square feet Denial Approved
Setback 16 feet Denial Approved
1985 #17 - Sherr GRFA 50 square feet Denial Approved Setbacks (3) 13, 11, 3 feet Approval Approved
1985 #20D1-Nicholson GRFA 395 square feet Denial Denied
Setback Approval Approved
1990 #7 - Benysh Setbacks (2) 13 & 15 feet Denial Approved 1990 #20 - Nillson Setbacks (2) 11 & 15 feet Denial Approved
1994 #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 Setback 8 feet Approval Approved
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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 19 feet Approval Approved
IV. 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, Vail Town Code:
Chapter 12-1: Title, Purpose, And Applicability
Section 12-1-2: Purpose Article 12-6g: Medium Density Residential District
12-6g-1 Purpose
12-6g-6: Setbacks
Chapter 12-17: Variances
12-17-1: Purpose
12-17-6: Criteria and Findings
Vail Land Use Plan
Chapter II – Land Use Plan Goals / Policies (In Part)
V. SITE ANALYSIS
Address: 4254 Columbine Way, Unit A Legal Description: Lot 9, Bighorn Terrace
Lot Area: 1,524 sq. ft. (0.0350 acres)
Zoning: Medium Density Multiple Family District
Land Use Designation: Medium Density Residential
Geological Hazards: None
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Development Standard Allowed/Required Existing Proposed
Lot Area (sq.ft. min) 10,000 1,524 no change
Setbacks (ft. min):
Front (South) 20 25.8 25 Side (East) 20* 0 no change
Side (West) 20* 1 no change
Rear (North) 20 0 no change
GRFA (sq.ft. max): 854 1,072 1,083**
Site Coverage (sq.ft. max): 685 (45%) 624 (41%) 635 (42%)
Landscape Area (sq.ft. min): 457 (30%) 1,135 (74%) no change
Parking (min. spaces): 3 0*** No change
*Bay window may project up to 4 feet into required setback.
**New GRFA is considered a 250 addition, per Chapter 12-15, Vail Town Code.
***The applicant utilizes the Bighorn Terrace shared parking areas. Addition does not trigger additional parking spaces.
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Road right-of-way No zoning designation
South: Residential Medium Density Multiple-Family District
East: Residential Medium Density Multiple-Family District
West: Residential Medium Density Multiple-Family 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. The requested variance is similar to the approved variance granted to the other half of
the duplex in 2009 which included a bay window. Further, almost every addition in this
subdivision has required a variance, as most side setback lines overlap each other on
these small legally non-conforming lots. On the subject property, the overlapping side setback lines cause the entire lot to be unbuildable without a variance. The existing structure is one foot away from the property line on the west side, and the proposed bay
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window will be 13 feet from the western property line. The existing structure is built to the eastern property line and the proposed bay window is 5.25 feet from the eastern
property line. The proposed bay window will overhang onto an existing front deck, so
there is no perceived impact to neighboring properties. Staff believes the requested
variance will not change the relationship between the subject property and adjacent
uses and structures in the vicinity.
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 bay window addition to an existing
residence originally constructed in 1967. The existing structure and site are
nonconforming, with the side setbacks overlapping and the entire site unbuildable
without a variance. Further, Lot 9 is considered a individual development site, so the existing structure is built to the property line where there is a party wall..
As further identified in the Section 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. The Planning and Environmental Commission approved a setback variance at Lot 10, Bighorn Terraces
for the same bay window addition in 2009.
Because the existing structure is over the allowable gross residential floor area, the
proposed 11 square foot infill is part of a 250 addition, per Section 12-15-5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code. While 250 additions
are considered allowable square footage, the necessity of a variance does not
guarantee the use of the 250 addition. At only eleven square feet, the applicant is
requesting a minimal portion of the 250 Ordinance in order to facilitate a bay window
that will provide improved architectural compatibility with the neighboring property. Therefore, Staff does not view the approval of this setback variance request as 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.
The requested variance and associated bay window will be built over an existing deck,
and will increase bulk and mass by 44 cubic feet. The additional bulk and mass is
minimal compared to the existing structure and surrounding structures. Staff believes the construction of a bay window over an existing deck will not have any effect on light and air, distribution of population, transportation and traffic facilities, public facilities and
utilities and public safety in comparison to existing conditions.
4. Such other factors and criteria as the Commission deems applicable to the proposed variance.
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VIII. RECOMMENDATION
The Community Development Department recommends approval, with a condition, of
this request for a variance. Staff’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 approve this variance
request, the Community Development Department 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 bay
window within the side setback, located at 4254 Columbine Way/Lot 9, Bighorn
Terrace, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to approve this request,
the Community Development Department recommends the Commission imposes the
following condition:
“1. Approval of this variance is contingent upon the applicant obtaining Town of
Vail approval of an associated design review application.”
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII of the Staff
memorandums to the Planning and Environmental Commission dated February
25, 2013, 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 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.
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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. Vicinity Map
B. Applicant’s Request
C. Proposed Plans
BIGHORN RD
COLUM
BINE W
AY
COLUMBINE DR
COLUMBINE DR
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Subject Property
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0 50 100Feet
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 9Unit 9
(4 2 5 4 C o l u m b i n e W a y )(4 2 5 4 C o l u m b i n e W a y )
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.(where shown, parcel line work is approximate)
Last Modified: February 19, 2013