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Home My WebLink AboutPEC100003 Project Name:BOYMER VARIANCE PEC Number: PEC100003 Project Description: ADDITION: VARIANCE REQUEST FOR NON-CONFORMING SETBACK Participants: OWNER BOYMER, ROBERT JAMES 01/25/2010 PO BOX 1001 VAIL CO 81658 APPLICANT STEVEN JAMES RIDEN AIA 01/25/2010 PO BOX 3238 VAIL CO 81658 Project Address:1817 MEADOW DR VAIL Location: UNIT 6, CAPSTONE TOWNHOUSES Legal Description:Lot: 21 Block: Subdivision: CAPSTONE TOWNHOUSES Parcel Number:2103-123-0400-6 Comments:see conditions BOARD/STAFF ACTION Motion By:Kjesbo Action: APPROVED Second By:Viele Vote:6-0-0 Date of Approval: 03/12/2010 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. Cond: CON0011309 provide top and bottom of wall spot elevations. All walls 4' in height or greater require engineered stamped plans Cond: CON0011310 This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Planner:RACHEL FRIEDE PEC Fee Paid: $500.00 Variance Application for Environmental General Information: Variances may be granted in order to prevent or to lessen such - necessary 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 con- ditions 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. The Vail Town Code can be found on the Town's website at www.vailgov.com The proposed project may also require other permits or applications and/or review by the Design Re- view Board and/or Town Council. Fee: $500 Description of the Request: T e) ,&L(~ A w ekbiD mct J To- AK) _E-,X 6!W6= Ulu E W"W AO LUFIPAlr=~ , Physical Address: l T2{ 1 H E APOW N P& -0AT2 LW It i (0 VA IL; 00 . Parcel Number: 2~ 03 -123' f7 "OC~r!o (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner:'Zor-op-7 oAd/>-5 T5 n*W_F_ Mailing Address: ?,0 •13erx 1(~ U AJ ► CO 845b- 1601 Phone: '?70 390IZIgg Owner's Signature: Primary Contact/ For Office Use Only: Cash CC: Visa / MC Last 4 CC # Auth # Check #,!7t Ull" " Fee Paid: Meeting Date: 2/2040 Planner: Received From YL w PEC No.: 6-N 10 = -Z7 Project No: Zoning: nn 11 Land Use: n Location of the Proposal: Lot:1 Block: Subdivision: u rr>(~.Q.Q 01-Jan-10 Mailing Address: '~O~o>C l~~{C. GCS g~(~ hg - ~J~j~ Phone: g2l) 352 015fy E-Mail: V U9Fw I, e 6M Fax: Vy 37t~ 1~I 117 Steven ,James Riden A.I.A• Arckitect P-C- P.n. box 3258 vaii, CO 8 1658-52 5S 970-328-0458 770-328-0717 Fax steveC-arjJ Isom 1/25/2010 Town of Vail Planning and Environmental Commission Vail, CO 81657 Re: Capstone Townhouses, unit 6 Dear Commissioners, n D ~C [E 0 dIE JAN 2 5 2010 J TOWN OF VAII 506 t5oymer is seeking a variance from the strict and literal interpretation of the setback regulation for the installation of an addition to the northwest and southwest elevations of unit 6 of the Capstone Townhouses. This addition is compatible to existing building forms and detail. The existing building is within an existing setback that was altered previously from Primary/ Secondary to Medium Density Multi'; amily (MDMr). The original setback would have allow this addition and not require a variance for construction. There is a portion of this proposal that is currently existing and non-conforming as a result of the more recent designation to MDmr. This proposal does include additional GKrA. As this is an existing non-conforming structure, those requirements create a hardship for the applicant and are not a granting of special Privilege. The applicant feels that this is also not a granting of a special privilege as others within the immediate area throughout the Town of Vail from structures built prior to current zoning have similar circumstances. All units within the complex are allowed expansion. An expansion of this unit will not be possible while maintaining compatibility a without granting relief. The relationship of this request conforms to the existing structure and use and is needed relief from the strict and literal interpretation of the setback ordinance to maintain uniformity to the immediate surrounding units. This proposal also is compatible with the objective of the Vail Village Master Plan encouraging the upgrading and redevelopment of residential and commercial facilities. This proposal does not have an effect upon the light, air, distribution of population, transportation, traffic facilities, public facilities, utilities, and public safety. Thank You for your consideration in this matter before you. `jteven James Riden A.I.A. Architect P.C. OVAKIL TOWN THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on March 8, 2010, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a variance from Section 12-617-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within' the side setback, located at 1817 Meadow Ridge Road, Unit 6/1-ot 21, Buffehr Creek ` Subdivision, and setting forth details in regard thereto. (PEC100003) .J~`; ( Applicant: Robert Boymer dd Planner: 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 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published February 19, 2010, in the Vail Daily. Feb 08 10 11:09a R. Boymer Const. 02/06/2910 28:32 3037886778 (970)390-9239 FELW4 PR:GER Diane & Nelson Prager 1817 Meadow Ridge Road N2 Vail, CO 81657 P.1 Par, To Whom It May Conacm; Wc, Diane and Nelwn Prager, owners of Unit #2 in the Capstone Townhouse Association have m iewed the proposed addition plans for the Boymer Remodel, Unit #6 of Capsione Townhouses and approve these plans. . Sincerely, Diane & NeL9on Prager lr~~ Page 2 of 3 To Whom It May Concern: Phyllis Dickson 1817 Meadow Ridge Road # D Vail, CO 81657 n V IE JAN 2 5 2010 WN OF VAIL I, Phyllis Dickson, owner of Unit #1 in the Capstone Townhouse Association have reviewed the proposed addition plans for the Boymer Remodel, Unit #6 of Capstone Townhouses and approve these plans. S' cerely, Phyllis Dickson Secretary, Capstone Townhouse Association John Nadler 1817 Meadow Ridge Road Vail, CO 81657 To Whom It May Concern: I, John Nadler, owner of Unit #3 in the Capstone Townhouse Association have reviewed the proposed addition plans for the Boymer Remodel, Unit #6 of Capstone Townhouses and approve these plans. IBS/~~ LeVarn Approval Letter.doc Page 1 of 1 Marc & Maria LeVarn 1817 Meadow Ridge Road #4 1 FD Vail, CO 81657 JAN 2 5 2010 To Whom It May Concern: TOWS! OF VAIN We, Marc & Maria LeVarn, owners of Unit 4 in the Capstone Townhouse Association have reviewed the proposed addition plans for unit #6 of Capstone Townhouses and approve these plans. Sincer , / arc & aria LeV m ~/4;1 Treasurer, Capstone Townhouse Association https:Hmail.google.com/mail/?ui=2&ik=3ad9d 15d28&view=att&th=126634729e008419&... 1/24/2010 A Capstone Townhouses 1817 Meadow Ridge Rd. Vail, Colorado We, as presiding officers of the Capstone Townhouses Home Owners Association, do give our approval to the request of homeowner Robert Boymer of Unit #6, to apply for a variance request with the Town of Vail Planning and Environmental Commission addressing those areas of his proposed remodel that lie within the building set back as depicted in the Architectural drawings of Steven James Riden, Architect, plans dated Feb. 12, 2010, on the condition that evidence of approval of said plans by each Unit Owner (1-6) individually be secured prior to commencement of the construction of said remodel. President: Robert Boymer, Unit #6 Vice-President: Phyllis Dickson, Unit #1 J J Secretary-Treasurer: Maria LeVarn, Unit #4 ; 1v- Property Manager: Vistar Real Estate, Dale Bugby, President TOWN OF VAIL, COLORADO Statement Statement Number: R100000050 Amount: $500.00 01/25/201002:10 PM Payment Method: Check Init: JLE Notation: 2694 CAPSTONE TOWNHOUSE Permit No: PEC100003 Type: PEC - Variance Parcel No: 2103-123-0400-6 Site Address: 1817 MEADOW DR VAIL Location: UNIT 6, CAPSTONE TOWNHOUSES 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 Steven games Riden A•I.A• Architect P.C. P.Q. E)oy, 3238 /ail, COs i 658-3258 970-328-0+58 970-5 28-07 i 7 Fay, stevc(-, n 1 .com 1/25/2010 Town of Vail Community Development Vail, CO 81657 Re: Capstone Townhouses, (nit 6 Adjacent properties list I UVVN OF VAiL 2105-122-1-t-015 Chateau Tremonte Owners Association jnc. 5299 DTC 15ivd Ste. Soo Englewood, CO 801 1 1 2103-1 22-02-007 1 974 t5uffcr Creek Road LLC. 221 1 N. frontage Road Ste. A Vail, CO 81657 2103-1 23-02-008 holm, Claes-r)yers-holm, Amy P O F)ox 5356 Vail, CO 81658-5356 21 o3-123-o2-0o5 Robert Dooher 2608 Rigel Drive Colorado Springs, CO 80906 2105-125-02-00-+ Cram Yarde 71 O W. Lionshead Cir. Ste C Vail, CO 81658 2103-1 23-02-003 Jerry and De6orah Lar9uhar 1879 Meadow Drive Road Vail, CO 81658 2105-125020-0o5 Randali Guerriero 1859 Meadow Ridge Road C Vail, CO 81658 2103-1 23-20-002 Cynthia Lee Strauss POF)oxI-175 Eagle, CO 8 1651 2105-1 25-20-001 Danny Merriman 1859 Meadow Ridge Road A Vail, CO 81658 2105-1 25-05-006 Hillside Condominium Owners Association c/o Karen Karp P O box 2174 Vail, CO 81658 TOWN OF PAIL ` THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on February 22, 2010, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A joint work session with the Vail Town Council to discuss environmental stewardship and sustainability policies and employee housing goals and strategies. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Administrator's determination that Section 14-5-2-K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self-parking, and setting forth details in regard thereto. Appellant: Donald Zelkind Planner: Bill Gibson A request for final review of variance from Section 12-61-1-6, Setbacks, and Section 12- 14-17, Setback from Watercourse, Vail Town Code, to allow for an addition within the side, rear, and stream setbacks, located at 433 Gore Creek Drive, Unit 16B (Vail Trails East)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details in regard thereto. (PEC100002) Applicant: Bruecker Wood Real Estate Trust, represented by Steven James Riden Architect Planner: Bill Gibson A request for final review of a final plat, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for a re-subdivision of the Timber Ridge site, located 1280 North Frontage Road/Lots C1-C5, Lionsridge Subdivision, Filing 1, and setting forth details in regard thereto. (PEC100005) Applicant: Vail Timber Ridge, LLC Planner: George Ruther 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 an addition within the side and rear setbacks, located at 1817 Meadow Ridge Road, Unit 6/1-ot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC100003) Applicant: Robert Boymer Planner: Rachel Friede A report to the Planning and Environmental Commission on a staff approval of an amendment to a conditional use permit, pursuant to 12-16-10, Amendment Procedures, Vail Town Code, to allow for amendments to a conditional use permit for a public school and active outdoor recreation facilities, located at 551 N Frontage Rd W/ Part of Lot 8, CAT. NO. NNO1045 American Land Title Association Owners Policy - 1970 TO 2328 (7-86) OWNERS POLICY Schedule A Agent's Order No.: 303197-0 Number Amount of Insurance Date of Policy Premium OWNERS 0 ~J r14 (j 5 J ! ~ April 10, 1990 . g 151-000,00 at 4!11 P-ML $ 614-40 1. Name of Insured: ROBERT JAMES BOYMER 2. Title to the estate or interest covered by this policy at the date hereof is vested in the insured. 3. The estate or interest in the land described or referred to in this Schedule covered by this policy is Fee Simple. FEE 4. The land referred to in this policy is located in the County of Eagle State of Colorado and described as follows: 9 LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. THIS POLICY IS VALID ONLY IF SCHEDULE B IS ATTACHED CAT. NO. NNO0315 TO 1405.1 (1.83) Schedule No. A (Contin er No. 303197 The land referred to in this Policy is located in the county of Eagle , State of Colorado and described as follows: Unit 6, CAPSTONE TOWNHOUSES, according to the Plat thereof filed for record November 28, 1978, in Book 278 at Page 970. CAT. NO. NNO0418 TO 1595 (381) Owners Policy or Standard Coverage Policy . J Schedule B POLICY NO. 0 304597 Order No. 303197-0 This policy does not insure against loss or damage by reason of the following: STANDARD EXCEPTIONS (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. (f) Taxes or assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS g. Right of way for ditches or canals constructed by the authority of the United States, as reserved In United States Patent recorded Octboter 4, 1918, in Book 93 at Page 301. h. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, as contained in instrument recorded October 8, 1963, in Book 178 at Page 75, as amended by instruments recorded April 1, 1966, in Book 192 at Page 343 and May 25, 1966, in Book 197 at Page 1. I. Ten per-cent royalty in proceeds derived from the sale of any minerals produced and mined from said premises as reserved by instrument recorded in Book 166 at Page 407. J. Easement and right of way for gas line purposes granted to Gas Facilities by County of Eagle by instrument recorded August 11, 1965, in Book 190 at Page 405, in which the specific location of the easement is not defined. k. Utility easement as shown on the Plat of said subdivision, said easement being 5 feet wide along the Westerly and Easterly lot lines. 1. Encroachment of a retaining wall onto the access easement to the North as evidenced by survey of Johnson, Kunkel, and Associates, Inc., dated April 6, 1990, Job No. JK/90/081. m. Access easement and retaining walls as shown on the Plat of said subdivision. n. Deed of Trust from Robert James Boymer to the Public Trustee of Eagle County for (Continued) CAT. NO. NN00315 TO 1405.1 (1-83) Schedule (Contin(jed)' No. 0-304597 Order No. 303197 -0 EXCEPTIONS - continued the use of United Mortgage Company, to secure $105,700.00, dated April 6, 1990, and recorded April 10, 1990, in Book 526 at Page 580. .0 r r~ TICOR TITLE U J INSURANCE TOWN OF VA Policy of Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock Company), a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein, 2. Any defect in or lien or encumbrance on such title , 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. This policy shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY By Attest Countersigned By Validating Signatory President Secretary TO 1690 (12-88) American Land Tale Association Owner's Policy - Form 8 - 1970 (amended 10-17-70) CAT. NO. 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papnloxe Alssajdxa ale siallew 6uimoilol a41 afieaan03 uao.ij suoisnl:)x3 jo sinpay:)S (Conditions and Stipulations Continued and Concluded from Reverse Side of Policy Face) of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Pay or Otherwise Settle Claims The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against orto terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against here- under, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event oflitigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule Aconsists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss stall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improve- ments made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Com- pany unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subro- gation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involv- ing such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. Liability Limited to this Policy This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the pro- visions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. W u~ ~o > O O Q o ~ N ~co< CC) , co 0 J CO ~ N U - CS - C CJ C c On \ A ;iii/// G ro 1 rb ~b i~C 11J 25-\' E l e~U ct h ovl r j ft l n t ~y I 1 • 1, ` fro; m I L7 'I'/'7, 04' 1% m r' am 1 { a I, A a-r~r a'~{ ts...• 1 i 1 fr ~ i 1 SoA i~u ~11,= q ry r E j I f Ate. ti a` i I= 1 i Y~rr 4 wjw _ i ,.rte. ' m 11 a, 1 I ,,L c ~ ,."-i►~"~~.-.~~~{ '.'fie" 1 ■ I v' n C a x cab ~ A n~ A n ~ O q oc, V A ~ ■ M► ~c b b ~e w 4 0- m 00 w v+ r~ ~D V •J o w d a. w co 0 o 4 W am aQ n up z tD 1s f ~ H ►ry x PA w z H m 1* W in cry 0 ZHM 0 m D<-i 0 amc 0 r;uz omo F+ k -IDW P aV3m b 'a z -4 E D O D G N uruTf O 0 Dun sT M A." MUM N r co m m t? 70 cn µ 0 O ' cn m N I D ` 3 OW m04 m co ~ L+ N H c U1 f O MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 8, 2010 SUBJECT: A request for final review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 1817 Meadow Ridge Road, Unit 6/Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC100003) Applicant: Robert Boymer Planner: Rachel Friede 1. SUMMARY The applicant, Robert Boymer, represented by Steven James Riden, is requesting a final review of a setback variance to allow for an addition into the side setback of Unit 6 of Capstone Condominiums. 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 architectural plans (Attachment C) are attached for reference. II. DESCRIPTION OF REQUEST The applicant, Robert Boymer, is requesting a variance from the required side setback of twenty feet. The application includes an addition on all three levels of the house. Portions of the proposed addition on the lower and main floor levels require a side setback variance. On the lower level, a carport is being proposed that would encroach 7.5 feet into the setback, with a total of 109 square feet encroaching into the setback. An addition to the bedroom is also being proposed that encroach 6.5 feet into the setback, with 18 square feet of GRFA being added into the setback. The bedroom already encroaches 4.5 feet into the setback. On the main level, the dining room, kitchen, living room and an adjacent deck are proposed to be expanded. The existing dining room already encroaches 4.5 feet into the side setback. The expansion would add 19 square feet of dining room space into the setback, which would encroach 6.25 feet into the setback. The addition to the dining/living room would add 34 square feet into the setback, encroaching approximately 4 feet into the setback. The deck addition is permitted to encroach up to five feet into the setback, but as proposed, would encroach 8.25 feet into the setback. The proposed deck area within the setback is 40 square feet. The proposed additions to the upper level would not require a setback variance, but existing conditions include a bedroom that encroaches 6.75 feet into the side setback. The addition to the dining room on the main level infills the space below the cantilevered bedroom on the upper level. III. BACKGROUND The Capstone Condominiums were granted a Certificate of Occupancy on December 1, 1978, under Eagle County jurisdiction for six (6) dwelling units and were zoned Residential Multiple Family. On January 29, 1986, the Capstone Condominiums was annexed into the Town of Vail by Ordinance No. 1, Series of 1986. At that time the property was rezoned to Two- Family Primary/Secondary (P/S) District, which made the property legally non- conforming. On June 8, 1987, Staff recommended denial of a density variance for Unit 2 to enclose a deck which added 79 square feet of GRFA to a project which was already over on number of units and GRFA for the lot. Staff cited that it would be a grant of special privilege as no hardship was present. By a vote of 3-1-0 the Planning and Environmental Commission approved the density variance request for Unit 2. On July 7, 1987, the Town Council heard an appeal (called up by Council Member) on the Planning and Environmental Commission approval of a density approval for Unit 2 of the Capstone Condominiums. A motion was made to uphold the Planning and Environmental Commission approval and by a vote of 2-2-0 the motion failed and resulted in the overturning of the Planning and Environmental Commission approval. There have been several applications for new windows, retaining walls, and roof replacements since the 1987 applications. On June 19, 2007, the Vail Town Council approved Ordinance No. 15, Series of 2007, which rezoned this property to the Low Density Multiple Family (LDMF) District. This rezoning occurred in order to make the property more compliant with development standards, including density. The application was also submitted in anticipation of the desire to perform several small residential additions to the existing units and possible new pitched roof. When the property was rezoned from P/S to LDMF, the side setback was increased from 15 feet to 20 feet, which increased the legally nonconforming encroachments into the side setback. When the rezoning occurred, it was noted that certain proposals by either end unit within the Capstone Condominium development may require a setback variance as the existing structure would not comply with the 20-foot setback on the side. On January 22, 2010, Staff approved two applications for additions to Units 3 and 4 in the Capstone Condominiums. These requests did not require variances. 2 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 Chapter 12-6F. Low Density Multiple Family (LDMF) District 12-6F-1: PURPOSE: The low density multiple-family district is intended to provide sites for single- family, two-family and multiple-family dwellings at a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The low density multiple-family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. 12-6F-6: SETBACKS: In the LDMF 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 (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. V. SITE ANALYSIS Legal Description: Lot 21, Buffehr Creek Subdivision Zone District: Low Density Multiple Family Land Use Designation: Medium Density Residential Lot Size: 52,577 sq. ft./1.21 acres Buildable Area: 38,570 sq. ft./0.885 acres Standard Allowed/Required Existin Proposed Lot Area (min) 10,000 s ft 52,577 sq ft No Change Setbacks (min) Front (South) 20 feet 183 feet No Change Side (West) 20 feet 14 feet 12 feet Side (East) 20 feet 92 feet No Change Rear North 20 feet 13.5 feet No Change Density Control (max) 7 D.U.s 6 D.U.s No change GRFA (max) 44% buildable/ 14,046 sq ft 14,383 sq ft 16,970 sq. ft. Site Coverage (max) 35% of site/ 4,418 sq ft 4,741 sq ft 18,401 sq ft Landscaping (min) 40% of site/ 28,686 sq ft 28,314 sq ft 21,030 sq ft Building Height (max) 38 ft 30 ft No Change VI. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Multiple-Family High Density Multiple-Family South: Multiple-Family Primary/Secondary East: Single-Family Primary/Secondary West: Two-Family Primary/Secondary 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 proposed addition to the Boymer Residence will not impact the neighbors to the west because those structures are built closer to the street and away from the steep hillside above. Should those structures redevelop, it would be highly unlikely that they would build closer to the eastern rear setback due to steep slopes. Because the proposed addition is located on the western end of the Capstone Condominiums structure, it will have little to no impact to the neighbors within the same structure. The addition will not be visible from the backyards of any neighbors within the structure, and will only be minimally viewable from the front of the building. Therefore, Staff believes this proposal will not negatively impact the other existing or potential uses and structures in the vicinity compared to 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. 4 Pursuant to Section 12-17-1, Purpose, Vail Town Code, the purpose for granting a variance is as follows: "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. " In this case, the setback variance would allow the Boymer Residence to expand in a similar manner to the expansion of other units within the complex. The existing structure was built under Eagle County jurisdiction and later annexed into the Town of Vail with a more restrictive zoning placed on the property. Because of the location of the existing structure and parking lot, it would be difficult for the applicant to expand their residence to utilize allowable GRFA without a setback variance. Therefore, due to the unique physical hardships and the existing structure; Staff believes the proposed relief from the setback regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without 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 applicant's request would not have any impact on the light and air of neighboring properties. The addition would not facilitate the need for expanded services, such as transportation and traffic facilities. As further described in criteria #1 above, Staff does not believe this proposal will have a significant negative 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. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval with a condition of a final review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 1817 Meadow Ridge Road, Unit 6/1-ot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of 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 Applicants' request for a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 1817 Meadow Ridge Road, Unit 61Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this variance request with a condition, the Community Development Department recommends the Commission pass the following condition: "This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. " 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 a review of Section VII of the Staffs March 8, 2010 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 Low Density Multiple Family District; and 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 Low Density Multiple Family 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 Low Density Multiple Family District. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans 6 Attachment A Attachment B Application Environmental General Information: Variances may be granted in order to prevent or to lessen such un- necessary 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 con- ditions 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. The Vail Town Code can be found on the Town's website at www.vailgov.com The proposed project may also require other permits or applications and/or review by the Design Re- view Board and/or Town Council. Fee: $540 Description of the Request: To ,&Lt~ A1j AtV MW TU Ak .EXKL-tJ Y,- Physical Address: 1T217 ME,hDOW NDry R0,4Q 10Jtt'0 <a VAII_, CO. Parcel Number: 123-o 1 -06(" (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Tl=~ J>dd!'( 5 Mailing Address: U J t. i - ¢ e~ r G•i IOU ~ ~tl b- !1 Phone: `?70 3901 ZV For Office Use Only_ Cash_ CC: Visa / MC Last 4 CC Fee Paid: Meeting Date: 112 z, TF Planner: Zoning: Location of the Proposal Auth # Check # Received From- C1 _10w K ri inOL, 69- PEC No.: Project No: Land Use: ~ Lot: t Block: Subdivision: t,>t r-C_(yJJL 01-Jan-]0 Mailing Address: ?12t~og , GO Slla ~lJ - 3~ Phone: E-Mail: f~M~, ylowtu r eOM Fax: p 5129 t 7.2 7117 jteven games Kiden AI-A- Arckitect P.C. 1125/x010 Town of Vail Planning and Environmental Commission Vail, CO $1657 JAN 2,2 ;r Re: Capstone Townhouses, (,nit 6 Dear Commissioners, E)ok boymeris seeking a variance from the strict and literal interpretation of tkc setback regulation for the installation of an addition to the northwest and southwest elevations of Unit 6 of the Capstone Townhouses. Thss addition is compatible to existing building forms and detail. The existing wilding is within an existing setback that was altered previouslg from Prima -q/ Secondary to Medium Density Multi Pamilq (MDMr). The original setback would have allow this addition and not require a variance for construction. There is a portion of this proposal that is currentl,j existing and non-conforming as a result of the more recent designation to MDMr. This proposal does include additional 6KrA. w As this is an existing non-conforming structurc, tkosc requirements create a kardsl,ip for the applicant and are not a granting of special privilegc. The applicant fcels that this is also not a granting of a special privilege as others within the immediate area throughout the Town of `/ail from structures built prior to current zoning have similar circumstances. All units within tl',e complex arc allowed expansion. An expansion of this unit will not 6c poss16le whilc maintaining compatibility a withoutgranting relief. The rclationrsfhip of this request conforms to the existing structure and use and is needed relief from the strict and literal interpretation of the setback ordinance to maintain uniformity to the immediate surrounding units. This proposal also is compati6le with the o6~cctive of the (ail Village Master ran encouraging the upgrading and redevclopmcnt of residential and commercial facilisties. This Proposal sloes not have an effect upon the light, air, distribution of population, transportation, traffic facilities, public facilities, utilities, and pu6lic safety. Thanlcyou for gour consid,cration in this matter 6eforc qou. ,jteven Jarnes Riden Al-A Architect P.G. S a wa ~ rr ~7~ a /O C ro r~ i.. INV e 4. ~ J O C` C1> 5 ti G 0 OW2IO'7O0 `71VA d0 NMOl 9 IHONVd `Otl021 3DOIN MOQV3W LIBI ` E 9 etlE sEe 3~~ ` i ~ _ :.o o v S3Sf1O11NMOl 3NOLSdVO 91.W(1 a ~ ! 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