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Home My WebLink AboutPEC100040�1�1.��1'-'i C�wEL��i_�- �I�r�r�ir�� r�� Er��ir��r�r��r�� I ��r�r�i��r� ��TI � �I F� F�1�1 �� rtrr7�r�t �f ��r�r�� r�i�� :��I��r��r�� .� �� Fr�r�t�� F�� i I� ��I �r�� 1�.�� I: ��.��.�1�� f��; ��,��.�� ; ��r�.��i I��, ��r�n Project Name: BOYMER VARIANCE Project Description: Participants: PEC Number: PEC100040 ADDITIONAL GRFA OF 43 SQ. FT. IN LOWER LEVEL BEDROOM # 1. a PORTION OF THIS ADDITIONAL GRFA REQUEST IS LOCATED BELOW GRADE IN THE LDMF SETBACK OWNER BOYMER, ROBERT JAMES PO BOX 1001 VAI L CO 81658 APPLICANT BOYMER, ROBERT JAMES PO BOX 1001 VAI L CO 81658 08/16/2010 08/16/2010 Project Address: 1817 MEADOW DR VAIL Location: UNIT 6, CAPSTONE TOWNHOUSES Legal Description: Lot: 21 Block: Subdivision: CAPSTONE TOWNHOUSES Pa rcel N u m ber: 2103-123-0400-6 Comments: Motion By: Viele Second By: Cartin Vote: 6-0-0 Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 10/12/2010 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 a p p rova I. Planner: RACHEL FRIEDE PEC Fee Paid: $500.00 R "� ''n �. � � „ �° �, ' Department of Community Development' � ,� } � `� '� � ,� � � ;� ` �- � �� `- � � 75 South Frontage Ro��d , � �`�.., _� �� a �� - � � � , � ��,y ��::,_.� � �'� ,`°4� : _� ., Vail, Cal.orado-,81S5�Y� � � � 4q� . � ::. , � � � � , :�Tei 970=479 212�j,� ��,� �.^ `°k�,�� _ ,_ �. { 'Faic 970 479 2452 : �. � f �, � - � - � �� -� Web:� wwini,vailgorr`-cori`i' �,_ � �° �� ; � � . � � � x '�� {� `"� � ^� - Devearipmenf R�vtew Caoidfn�to�t� � °�E,��,�,��,�� - -� �� ,�,.� � �= :� �� x .._j.:xtrf _�.�„¢.,.a.,F � �'�, __ _ . .. :z�'�.F��t'�- a.a�` :�-''- . . .:4t....va^��?�"_.�>°.z;.-�" Variance Request Appiication for Review by the Planning and Environmental Commission General Information: Variances may be granted in order to prevent or to lessen such practical di�culties and 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 �n�-�g�21`tting a variance. The Vail Town Code can be found on the Town's website at www.vailgov.co e proposed pY�oject may also require other permits or applications and/or review by the Design Re- view Board /or To n Council. � Fee: f $500 �- . � � - ;•� ai11 Ii►.: ` : '� '� .1.:_ � � �/� 1/� i, _ �'� 7� 1 t ♦ %/ � / . � ��■ ii►�� ■ � - � '� .� � 1 � r �_,, . , : _. . . �r 1 � .�.r.. ��: � �.�, '� _� �, :. � � � . . I i iI�':�1. / � � � �. I ' ► : � i i�•� �- � � _�� /I • .� - � � • • 1 : :.'1 • �. • Property Owner: Mailing Address: : . / � � • � . / �,� � � _ / �� Owner's Signature: Primary Contact/ Mailing Address: E-Mail: For O�ce Use Onl Fee Paid: � � Meeting Date: q (� Planner: %.1,� Zoning: Location of the Prop � � Phone• Fax: �vI-t�� 1 �''�� 4 CC # Auth # Check # -�13� Received From: ��D�� .� PEC No.: �'t-G�O � a0 Project No: �N�10• 00� Land Use: Subdivision: O1-Jan-10 t� �Wh'OF VAll. . JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER This form is applicabie to all Planning and Environmental Commission applicants that share ownership of the sub- ject property. For example, the subject property where construction is occurring is a duplex, condominium or multi-tenant building. This form shall be completed by the applicant's neighbor/ joint property owner. In the case of a multiple-family dwelling or multi-tenant building, the authority of the association shall complete this form and mail to: Community Development Department, 75 South Frontage Road, Vail, CO 81657 or fax to 970.479.245Z. I, (print name) i► N I�IY� �� 1.��/��rVl , a joint owner, or authority of the association, of property located at � ��- J� R�� T 7. , provide this letter as written approval of the plans dated �`�� _ ZD (�O which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the ad- dress noted above. I understand that the proposed improvements include: .N v (Signature) 15 / 'Zc � O (Date) Additionally, please check the statement below which is most applicable to you: o I understand that mino� modifications may be made to the plans over the course of the review p�ocess to en- sure compliance with the Town's applicable codes and regulations. �,�'�' (Initial he�e) � I request that all modifcations, mino� or otherwise, which a�e made to the p/ans over the course of the re- view process, be brought to my attention by the app/icant fo� additional appro�al befo�e unde�going furthe� �e- view by the Town. Y�/I' � (Initial he�e) F:\cdev\FormslPermits\Planning\PEC\PE_Variance_010110 01YL�12�� :�� !l�4bJb7�7 Aug c13 10 t?2:30p R. Boymer Const. HHJUbY b Lt1Uh rHUt �G (970}3.90-8239 P2 �4►greeW�Af Auga�t 12, 2�IQ This a�nrient �s between Bob �oymer , owner o� Capsttxu� ta� unit �6, Vai1, Colorado, �e�`eaf ber r+efetr+od ta as Boyme�r and the �ph i1V. Hajo�y R,evocsble Tx�ust, owtter of Tm�ho�use #S, h�e�er refemed �o �s Hajosy. Whercas Bdymer want� tn ramod�i �is unit #6 wbicb� involve� �va,don �d altering �ootin�Ss, r�aining w811s and st�'uct�aes it� his b�c y�i, .. --� ------ -.- - �a+ea+c�s-�+yos�-is-�..8b+o.,�pe�'r�u�c �:,��-iv �i,� com�aan waii o�nee� unirls #5 aud #6, �oo�, #5's b�srmeet fioors, water�x+oof car�ditions sad the viability Q�the H�ne S�xucx in #5's b�kyard, and t� timelz�e,rs uf the pamjeet fior #6. � .P�� agr�e �a the folluwing: BoYmer �aY P�ced with his Gity.,�appro,�,ed P� es pz�es�i+ed ta �i8�o�r witb� the fqllowisig r��q� a�d i�nd�c�tians to Protect Hajasy. 1. Bay�t is r�spows�'b�e for t�e �tY � ►►iability oftbe BIue Spn�oe �c+ee in �J�'� Yard amd ag�rees to �o�low the pleua set faxth bY thc con,sultaat �bor;�. X� tlae tree �s damtaBOd duni�8 �!�'s x+�mod�!' � the r�st of restor�tion, to ��1°S3''S �is�ebion wiai bc i�d �Y Boymer. 2. Oivea the �ime aon�ts niow im�wsod, by the la�be sCp�t aftb�e re�p�� of G`a�stone xowy�� LTnits #3, #4 and #6, Bd Y�' agnces to ccmnple�te a!1 the exter�l ele�ar�nts Qf the L,av� L�l �� Northv�st � E�evation of his �� P�.t�t aad c�ean-up by �Tovea�b�r 1S, 20l 0_ Witbi th�s ' remodel pcvj,cct c� �� P�'b�,a 4[ ti�e ��.losY � the C�s�O� Toqm�vuse A;�ci�on v+n71 consider a second time per�od :w the spxing �� o� 2411 for the �oY�qa►Gr Remo�del project to r��start �nd cotttim�e tio Sauthwest aud S ��Pl�tio�a of tbe Q� E.tevatia�as ia a�nable L�me � P�tcd ta H" F��, the schedule ta �OSY an�d �e Capstane Tawl,hau�e �ion far e�provaT. � � r/. L�I ��n n�: �� f f n4bJb�� HKJUSY & Ltll7hl rHUt �3 A� 18 1�� 02".30p R. Boyrrier Const (970�39Q-923S p.3 3. Baymer ackn4w�odges the p�nes�t ivaiad co�di�t�om o� the jourt wai� betw�.,p� U�rt #5 a� #b, ti�e ir�tegrity otf �ay4sy's Ioaer flooar�� sad its watertight co�adn'�ion. Boymer ac'.c�Pts the r�s�ons�-bilitY to Pre�we t�e oondidons and complet�ly restar� Unit #S to the�e aonditions i� d�tu�ge � i�pured. A�y c��nge m t�e� conditians is ack�owledged bY Bo}'ua�r to be duE to �is activ�iti�es a� b� will in�anaedi�y c�e+ci tt�m to the sabisd'action of Haj�sy. Boymer will be res�ons��bte �v� a� costs of c.omcec�ivq includin8 8aY �'�1 co� of e�'o�r+emt b3► �J�Y �� i�vision as �w�e0 us t�e pJacem�t af a lieQ an U�t #6 if neoe�sary. � Agreerne.�t �ed b�'' � ( �, ��G� *******************************************+***+******************************************** TOWN OF VAIL, COLORADO Statement ***************************************�r**�************************************************ Statement Number: R100001084 Amount: $500.00 08/16/201004:08 PM Payment Method: Check Init: SAB Notation: 7139 R BOYMER CONSTRUCTION ----------------------------------------------------------------------------- Permit No: PEC100040 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 � TO: FROM: DATE: SUBJECT � m MEMORANDUM Planning and Environmentai Commission Community Development Department October 11, 2010 A request for 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. (PEC100040) Applicant: Robert Boymer Planner: Rachel Friede SUMMARY The applicant, Robert Boymer is requesting a final review of a setback variance to allow for an expanded 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) and proposed architectural plans (Attachment B) are attached for reference. DESCRIPTION OF REQUEST The applicant, Robert Boymer, is requesting a side setback variance to allow for an expansion to an approved addition on the lowest level of his townhouse. The proposed addition is 49 square feet, 28 of which are proposed within the setback. The proposed addition would be buried below grade on the north side of the unit and would encroach 8 feet into the side setback. Boymer previously townhouse with a property line). received approval of a variance for an addition on all three levels of the maximum encroachment of 8 feet into the side setback (12 feet from While a variance was previously granted for a similar encroachment, a new variance is required to allow for additional encroachment into the setback. 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 Derrsity 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. On March 8, 2010, the Planning and Environmental Commission approved a side setback variance at the Boymer Residence to allow an addition on all three floors. On the lower level, a carport was approved that will encroach 7.5 feet into the setback, with a total of 109 square feet encroaching into the setback. An addition to the bedroom was also approved that encroaches 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 existing dining room already encroaches 4.5 feet into the side setback. The approved expansion adds 53 square feet into the setback, encroaching 6.25 feet into the setback. The approved deck addition encroaches 8.25 feet into the setback. 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 densify multiple-family district is infended to provide sites for single-family, two-family and multiple-family dwellings af a density not exceeding nine (9) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone disfrict. The low density multiple-family disfrict is intended to ensure � i �. adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualifies 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 sefback 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 vicinify; 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 Approved Proposed Lot Area min 10,000 s ft 52,577 s ft No Chan e No Chan e Setbacks (min) Front (South) 20 feet 183 feet No Change No Change Side (West) 20 feet 14 feet 12 feet No Change* Side (East) 20 feet 92 feet No Change No Change Rear North 20 feet 13.5 feet No Chan e No Chan e Densit Control max 7 D.U.s 6 D.U.s No chan e No chan e GRFA (max) 44% buildable/ 14,046 sq ft 14,383 sq ft +32 sq ft 16,970 s. ft. 14,415 s ft Site Coverage (max) 35% of site/ 4,418 sq ft 4,741 sq ft -43 sq ft 18,401 s ft 4,784 s ft Landscaping (min) 40% of site/ 28,686 sq ft 28,314 sq ft-43 sq ft 21,030 s ft 28,279 s ft Buildin Hei ht max 38 ft 30 ft No Chan e No Chan e *Carport approved to extend 12 ft into setback. Proposed variance to allow NW corner to extend 12 ft into setback. Approved NW corner encroaches 13.5 ft into side setback. 3 VI VII. SURROUNDING LAND USES AND ZONING North: South East: West: Land Use Multiple-Family Multiple-Family Single-Family Two-Family REVIEW CRITERIA Zonin High Density Multiple-Family Primary/Secondary Primary/Secondary Primary/Secondary 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 below grade on the northwestern end of the Capstone Condominiums structure, it will have no impact to the neighbors within the same structure or on adjacent properties. 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. 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 exisfing 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. 0 � � The applicant's request would not have any impact on the light and air of neighboring properties. The additional 49 square feet 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/Lot 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 sefback, located at 1817 Meadow Ridge Road, Unit 6/Lot 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 Vll of the Staff's October 11, 2010 memorandum to the Planning and Environmental Commission, and the evidence and festimony 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 fo 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 liferal 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 fhe 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. Architectural Plans 0 � f � � Attachment A � � v L � U --� � � rC �� w. 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