HomeMy WebLinkAboutBridge Street Building Appeal_30408 MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: April 1, 2008
SUBJECT: An appeal of the Town of Vail Planning and Environmental Commission’s and Design Review Board’s approval of a major exterior alteration, pursuant to Section 12-7B-7, Exterior
Alteration or Modification, Vail Town Code, to allow for the re-development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of Lot C and
Lot D, Block 5A, Vail Village Filing 1. (PEC070076/DRB070709)
Appellant: 286 Bridge Street Inc., represented by Carlson, Carlson and Dunkelman, L.L.C.
PEC Representative: Rollie Kjesbo – Vice Chair
DRB Representative: Pete Dunning – Vice Chair
I. SUBJECT PROPERTY
The subject properties are located at 288 Bridge Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1, on the east side of Bridge Street and to the South of 286 Bridge Street
(aka the ‘A and D Building’). The Appellant, 286 Bridge Street, Inc. is appealing the Planning and Environmental Commission’s January 14, 2008, approval, and the Design Review Board’s
January 16, 2008, approval of an application for a major exterior alteration, to allow for the re-development of the Rucksack Condominium Building and the Scott Building.
II. STANDING OF APPELLANT
The Appellant, 286 Bridge Street, Inc, represented by Carlson, Carlson and Dunkelman, has standing to file an appeal as the owner of 286 Bridge Street, Lots A, B and Part of Lot C, Block
5A, Vail Village Filing 1.
III. REQUIRED ACTION
The Town Council shall uphold, overturn, or modify the Planning and Environmental Commission and Design Review Board’s approval of a major exterior alteration, pursuant to Section 12-7B-7,
Exterior Alteration or Modification, Vail Town Code, to allow for the re-development of the Rucksack Condominium Building and the Scott Building, located at 288 Bridge Street, part of
Lot C and Lot D, Block 5A, Vail Village Filing 1. (PEC070076/DRB070709).
Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code:
“The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that
the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met.”
BACKGROUND
Planning and Environmental Commission Approval
On January 14, 2008, the Planning and Environmental Commission approved, with conditions, an application (PEC07-0076) for a major exterior alteration, pursuant to Section 12-7B-7, Vail
Town Code, to allow for the remodel and addition to the Scott Building and Rucksack Condominium Building. The plans approved include construction of a new second story building element
to be constructed over the existing Scott Building (aka. The Burton Store), directly adjacent to the A & D Building and constructed on the common property line between Parcel A (A &
D Building) and Parcel B (Scott Building), part of Lot C and Lot D, Block 5A, Vail Village Filing 1.
Design Review Board Approval
On January 16, 2008, the Design Review Board approved, with conditions, an application (DRB07-0709) for a major exterior alteration, pursuant to Section 12-11, Design Review, Vail Town
Code. The plans approved include construction of a new second story building element to be constructed over the existing Scott Building (aka. The Burton Store), directly adjacent to
the A & D Building and constructed on the common property line between Parcel A (A & D Building) and Parcel B (Scott Building), part of Lot C and Lot D, Block 5A, Vail Village Filing
1.
Appeal
On February 4, 2008, the Town of Vail Community Development Department received an appeal with regard to the Planning and Environmental Commission’s action to approve the aforementioned
major exterior alteration. On February 5, 2008, the Town of Vail Community Development Department received an appeal with regard to the Design Review Board’s action to approve the aforementioned
major exterior alteration.
Planning and Environmental Commission Appeal:
approval was granted for the addition of similar amounts of stone veneer to be installed on both halves of the duplex structure after determination was made that the materials, as applied
in a similar fashion and in similar amounts and locations on both halves of the structure, were appropriate and represented a “unified architectural design”. A reduced copy of the approved
plans are attached for reference (Attachment C).
Specifically, Staff established, and the DRB later ratified, that the application of such materials in relatively equal amounts on both halves of the duplex met specific design standards
established in Section 14-10-6, Residential Development, Vail Town Code, which specifically states:
“Unified architectural and landscape design shall include, but not be limited to, the use of compatible building materials, architectural forms, massing, architectural details, site
grading and landscape materials.”
Proposed Changes to Approved Plans
On July 19, 2007, the Appellant presented the Town with an application for changes to approved plans (DRB07-0330). Such changes were limited to the elimination of previously approved
stone veneer from the east half of the duplex structure. After working with the Appellant’s representative, Kirk Aker, Aker Architects, prior to the DRB meeting on August 15, 2007, it
became clear to Staff that, despite an offer by Mr. Howard to reimburse his neighbor for the cost of adding stone to her half of the duplex, the owner of the east unit did not wish to
install any amounts of stone on her half of the duplex structure due to aesthetic preference.
At the August 15, 2007 Design Review Board hearing the Appellant presented plans detailing how originally approved stone to be added on the east half of the structure would not be installed,
while the stone on the west half would be installed per plan. Those areas not updated with stone veneer would remain finished with stucco. A reduced copy of the proposed (revised)
plans are attached for reference (Attachment D).
Design Review Board Review and Denial
At the August 15, 2007 hearing, the Design Review Board denied an application for a change to approved plans, wherein the Applicant proposed to eliminate the previously approved stone
veneer on the east half of the duplex structure. The DRB denied the request based on standards and guidelines established within Title 14, Chapter 10 – Design Review Standards and Guidelines.
Specifically, the DRB referenced Section 14-10-6: Residential Development, sub-paragraph A which states, in part:
“The purpose of this section is to ensure that residential development be designed in a manner that creates an architecturally integrated structure with unified site development. Dwelling
units and garages shall be designed within a single structure….with the use of unified architectural and landscape design. Unified architectural and landscape design shall include, but
not be limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features.”
Appeal
On September 4, 2007, the Appellant filed an appeals form to appeal the Design Review Board’s denial of a design review application (DRB07-0330), pursuant to Section 12-11, Design Review,
Vail Town Code, to allow for a change to approved plans regarding minor architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4,
Block 2, Bighorn Subdivision 1st Addition. The appeals form and letter from the Appellant are included for reference (Attachments A and B).
V. APPLICABLE REGULATIONS OF THE TOWN CODE
Section 12-3 Administration and Enforcement (in part)
Section 12-3-3: Appeals (in part)
C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions:
1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or
the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth.
2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation
by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse
effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree
the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination
of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that
the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of
the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present.
3. Procedures: A written notice of appeal must be filed with the Administrator within twenty (20) calendar days of the Planning and Environmental Commission's decision or the Design
Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a Town-observed holiday, the last day for filing an appeal shall be extended
to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent
property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium
association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning and Environmental
Commission or the Design Review Board to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and
to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing
agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council
on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance
shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal
any interpretation or determination made by the Planning and Environmental Commission or the Design Review Board.
4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official
rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which
case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination
shall be made at the next regularly scheduled meeting of the Town Council.
5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions
that the standards and conditions imposed by the requirements of this Title have or have not been met.
Section 12-11 Design Review (in part)
Staff has highlighted in bold portions of this Section which Staff believes are most relevant to this appeal.
12-11-1: INTENT:
A. Attractive Attributes Recognized: Vail is a Town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade
structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating
in community life.
B. Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living here and for those who view the Town as a precious
physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects
of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules
put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures
and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped.
In order to provide for the timely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Town Council has created a Design
Review Board (DRB) and design criteria.
C. Design Review: Therefore, in order to preserve the natural beauty of the Town and its setting, to protect the welfare of the community, to maintain the values created in the community,
to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this Section; the improvement
or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this Chapter.
D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty
of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows:
1. To recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors.
2. To allow for the development of public and private property which is in harmony with the desired character of the Town as defined by the guidelines herein provided.
3. To prevent the unnecessary destruction or blighting of the natural landscape.
4. To ensure that the architectural design, location, configuration materials, colors, and overall treatment of built-up and open spaces have been designed so that they relate harmoniously
to the natural landforms and native vegetation, the Town's overall appearance, with surrounding development and with officially approved plans or guidelines, if any, for the areas in
which the structures are proposed to be located.
5. To protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage,
sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring
land uses.
VI. CRITERIA AND FINDINGS
On an appeal, the Town Council shall make specific findings of fact based directly on the particular evidence presented. These findings of fact must support conclusions that the standards
and conditions imposed by the requirements of Title 12, Zoning Regulations, Vail Town Code, have or have not been met.
Should the Town Council choose to uphold the Design Review Board’s denial of this request, the Design Review Board recommends the Council makes the following findings:
“The Town Council finds:
That the standards and conditions imposed by the requirements of Section 14-10-6, Vail Town Code, have not been met.”
Should the Town Council choose to overturn the Design Review Board’s denial of this request, the Design Review Board recommends the Council makes the following findings:
“The Town Council finds:
1. That the standards and conditions imposed by the requirements of Section 14-10-6, Vail Town Code, have not been met.”
VII. STAFF RECOMMENDATION
The Town of Vail Design Review Board recommends that the Town Council uphold the Design Review Board’s denial of a design review application (DRB07-0330) pursuant to Section 12-11, Design
Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4,
Block 2, Bighorn Subdivision 1st Addition.
Should the Town Council choose to uphold the Design Review Board’s denial of a design review application (DRB07-0330) pursuant to Section 12-11, Design Review, Vail Town Code, to allow
for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1st
Addition, the Design Review Board recommends the Council pass the following motion:
“The Vail Town Council upholds the Design Review Board’s denial of a design review application (DRB07-0330) pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change
to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1st Addition, and
setting forth details in regard thereto.”
Should the Town Council choose to uphold the Design Review Board’s denial of a design review application (DRB07-0330) pursuant to Section 12-11, Design Review, Vail Town Code, to allow
for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive, Lot 4, Block 2, Bighorn Subdivision 1st
Addition, the Design Review Board recommends the Council makes the following finding:
“The Town Council finds:
That the standards and conditions imposed by the requirements of Section 14-10-6, Vail Town Code, have not been met.”
VII. ATTACHMENTS
A. Appellant’s appeal form
B. Letter from the Appellant
C. Reduced copy of the approved plans (DRB07-0004)
D. Reduced copy of the proposed (revised) plans (DRB07-0330)
E. Photo renderings of proposed stone on Unit 4 W
F. Public notice and list of notified properties
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