HomeMy WebLinkAboutStaff memo 1
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 14, 2008
SUBJECT: A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail
Town Code, pursuant to Chapter 12-17, Variances, to allow for additional site
coverage to facilitate construction of a detached garage structure, located at
3140 A and B Booth Falls Court/Lot 5, Block 2, Vail Village 12th Filing, and setting
forth details in regard thereto. (PEC07-0078)
Applicant: John Canon and Becky & Ken Vickers, represented by John
Perkins, AIA
Planner: Nicole Peterson
I. SUMMARY
The applicants, John Canon and Becky & Ken Vickers, represented by John Perkins,
AIA, are requesting a variance from Section 12-6C-9, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17, Variances, to allow for additional site coverage to facilitate
construction of a detached garage structure, located at 3140 A and B Booth Falls
Court/Lot 5, Block 2, Vail Village 12th Filing.
Based upon Staff’s review of the criteria in Section VII of this memorandum and the
evidence and testimony presented, the Community Development Department
recommends approval, with conditions stated in section VIII, subject to the findings
noted in Section VII of this memorandum.
II. DESCRIPTION OF REQUEST
On December 5, 2007, the Design Review Board approved a separation request to allow
a detached garage structure on the subject site (Vote 4-0-0). The Design Review Board
will review the proposed detached garage if the variance request is approved and Staff
has added a condition of approval, stated in Section VIII to that affect. The proposed
detached garage design requires a variance to site coverage from the allowed 20% to
23% (Additional 523 square feet of site coverage).
Currently, the owners are parking in Town Right-of-Way, which violates Vail Town Code.
The proposed detached garage includes 4 enclosed parking spaces (2 per dwelling unit)
and is designed to step into the steep hillside adjacent to Booth Falls Court.
The proposed driveway off Booth Falls Court is designed to accommodate another 4
outdoor parking spaces, which affords each homeowner a total of 4 off-street parking
spaces. There has been concern from the neighbors regarding screening of the
proposed outdoor parking spaces. Staff has included a condition of approval, stated in
Section VIII, that requires a landscape plan including proposed screening of outdoor
parking.
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The proposed garage is designed to comply with all other zoning requirements. No
changes to the existing duplex structure are proposed at this time. However, Staff has
included a condition of approval, stated in Section VIII, that requires any existing outdoor
storage of trash, equipment or inoperable vehicles shall be moved into the enclosed
garage as soon as construction is compete.
The proposal is in compliance with all other zoning regulations including GRFA. The
GRFA proposed under the garage will function as family rooms and office space. The
area shall not be used as separate dwelling units as defined by Vail Town Code. Staff
has included a condition of approval, stated in Section VIII, to prevent these spaces from
being used as separate dwelling units. A vicinity map (Attachment A), the applicant’s
request (Attachment B), proposed architectural plans (Attachment C) and photos
(Attachment D) are attached for reference.
III. BACKGROUND
The existing duplex was constructed in 1979. The following design review applications
have been approved on site:
1. September 20, 1995 – Separation request for detached garage – not completed
2. June 6, 1992 – Interior remodel
3. May 12, 2005 – Entry enclosure
4. September 3, 2005 – Deck replacement and addition
5. August 31, 1005 – Repaint, stucco and shutters
6. December 5, 2007 – Separation request for detached garage
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
12-2-2: Definitions of words and terms:
SITE COVERAGE: The ratio of the total building area of a site to the total area of a site,
expressed as a percentage. For the purposes of calculating site coverage, "building area
of a site" shall mean that portion of a site occupied by any building, carport, porte-
cochere, arcade, and covered or roofed walkway constructed at, below, or above grade
as measured from the exterior face of the sheathing of the perimeter walls or supporting
columns.
For the purposes of this definition, a balcony or deck projecting from a higher elevation
may extend over a lower balcony, deck or walkway, and in such case the higher balcony
or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway.
In addition to the above, building area shall also include any portion of a roof overhang,
eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio
that extends more than four feet (4') from the exterior face of the perimeter building walls
or supporting columns.
Section 12-6C-1: Two-family Residential (R) District Purpose
The two-family residential district is intended to provide sites for low density single-family
or two-family residential uses, together with such public facilities as may be appropriately
located in the same district. The two-family district is intended to provide adequate light,
air, privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
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12-6C-9: Two-family Residential (R) District Site Coverage
Site coverage shall not exceed twenty percent (20%) of the total site area. (Ord.
41(1990) § 4: Ord. 19(1976) § 4: Ord. 8(1973) § 3.507)
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
Address: 3140 A and B Booth Falls Court
Legal Description: Lot 5, Block 2, Vail Village 12th Filing
Zoning: Two-Family Residential (R) District
Land Use Designation: Low Density Residential
Current Land Use: Existing Duplex
Lot Size: 17,055 square feet
Environmental Hazards: High-Severity Rockfall
Standard Allowed/Required Existing Proposed
Setbacks (min):
Front: 20 ft. Main house 70 ft. Garage 20 ft.
East Side 15 ft. Main house 34 ft. Garage 15 ft.
West Side 15 ft. Main house 28 ft. Garage 15 ft.
Rear: 15 ft. Main house 20 ft. no change
Density (max): 2 dwelling units 2 dwelling units no change
GRFA (max): 6767 sq. ft. 3,804 sq. ft. 5,245 sq. ft.
Site coverage (max): 3,411 sq. ft. (20%) 2,709 sq. ft. (15.8%) 3,934 sq. ft. (23%)
Landscape Area (min): 10,233 sq. ft.(60%) 13,469 sq. ft. (79%) 10,365 sq. ft. (61%)
Height (max): 30 ft. slope/ 33 ft. flat Main house 25 ft. Garage 30 ft.
Parking (min): 2.8 (1.4 per unit) 0 8 Total (4 enclosed)
VI. ZONING AND LAND USE
Zoning:
Subject Property: Two-Family Residential (R) District
Surrounding: West - Two-Family Residential (R) District
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East - Two-Family Residential (R) District
North - Two-Family Residential (R) District
South - General Use (GU) District
Land Use Designation:
Subject Property: Low Density Residential
(Canon-Vickers Duplex)
Surrounding: West - Low Density Residential
(Existing residence)
East - Low Density Residential
(Existing residence)
North - Low Density Residential
(Booth Falls Court and existing residences)
South - Public/Semi-Public
(Vail Mountain School)
VII. CRITERIA AND FINDINGS
Variance criteria and findings are established by Section 12-17-6, Vail Town Code,
stated below. Staff has responded to each criteria and finding regarding the proposed
variance to site coverage to allow a detached garage addition located at 3140 A and B
Booth Falls Court.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning and
environmental commission shall consider the following factors with respect to the
requested variance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
This site is impacted by unique constraints that do not apply generally within the
Two-Family Residential District. A steep slope of up to 71% exists on the north
side of the site, which hinders the development options for adding enclosed
parking. The steep slope, existing placement of the duplex on the south end of
the site and the unique octagon shape of the existing duplex where key factors in
the Design Review Board’s approval of the separation request.
The proposal complies with all other zoning regulations including setbacks,
height and landscape area. Site coverage is unique in that it is calculated by
dividing the total building area on site by the lot area. Most people would not
recognize a deviance from site coverage by looking at a property. The lot area of
the subject site is smaller than other lots in the neighborhood. Therefore less site
coverage is afforded to the subject property compared to some sites in the
vicinity.
Staff does not believe approval of this variance request will have a significant
negative affect on the existing or potential uses and structures in the vicinity, in
comparison to existing conditions.
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2. The degree to which relief from the strict or 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 grant of special privilege.
Staff believes that relief from the strict and literal interpretation and enforcement
of the site coverage regulations will grant the applicant the relief necessary to
achieve the Town’s development goal of enclosing parking. On numerous
occasions, the Planning and Environmental Commission and the Vail Town
Council have determined that variances may be approved to achieve the Town’s
development goal of enclosing parking. Therefore, Staff does not believe the
approval of this request would be a grant of special privilege.
Staff believes a four-car garage is the most practical option for the applicant to
provide the necessary parking for two dwelling units. Other properties in the
neighborhood have 4-car garages including the two adjacent neighbors. The
four-car garage allows each dwelling unit, 2 enclosed parking spaces. If the
building footprint was reduced by 523 square feet, to come into compliance with
site coverage, then the total garage area would be reduced to 677 square feet
from the proposed 1,200 square feet. A 677 square foot garage would
accommodate only 3 enclosed parking spaces (estimating 200 square feet per
parking space). The uneven amount of spaces would lead to unfair
accommodations for one of the homeowners.
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.
Staff believes the traffic conditions will improve by providing 4 enclosed and 4
outdoor parking spaces outside the public right-of-way. Currently, the applicants
park entirely within the public right-of-way. The proposed garage and parking
spaces will provide off-street parking, which will improve the traffic flow on Booth
Falls Court. Staff does not believe the requested site coverage variance will
have a negative effect on light and air, distribution of population, transportation
and traffic utilities, public facilities and utilities, or public safety in comparison to
existing conditions.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
B. Necessary Findings: The Planning and Environmental Commission shall make
the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
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a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to
other properties in the same zone 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 same zone district.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of
a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to Chapter
12-17, Variances, to allow for additional site coverage to facilitate construction of a
detached garage structure, located at 3140 A and B Booth Falls Court/Lot 5, Block 2,
Vail Village 12th Filing, 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 applicant’s request
for a variance from Section 12-6C-9, Site Coverage, Vail Town Code, pursuant to
Chapter 12-17, Variances, to allow for additional site coverage to facilitate
construction of a detached garage structure, located at 3140 A and B Booth Falls
Court/Lot 5, Block 2, Vail Village 12th Filing, and setting forth details in regard
thereto, subject to the following conditions:
1. This approval shall be contingent upon the applicants obtaining Town
of Vail approval of a design review application for the detached garage.
2. Any outdoor parking shall be outside of Vail Town Right-of-Way and in
compliance with Vail Town Code.
3. The applicants shall submit, as part of the design review application, a
landscape plan including proposed screening of the outdoor parking
spaces.
4. The applicants shall move any existing outdoor storage of trash,
equipment or inoperable vehicles into the enclosed garage as soon as
a Certificate of Occupancy is obtained.
5. The applicant shall sign an affidavit, approved by the Town Attorney
and recorded with Eagle County Clerk and Recorder, stating that no
rental of the existing or proposed floor area shall take place, before a
Certificate of Occupancy is obtained.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission makes
the following findings:
“The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
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inconsistent with the limitations on other properties classified in the Two-Family
District, based upon the review outlined in Section VII of the Staff’s January 14,
2008 memorandum to the Planning and Environmental Commission.
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,
based upon the review outlined in Section VII of the Staff’s January 14, 2008,
memorandum to the Planning and Environmental Commission.
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, based upon the review outlined in Section VII of the Staff’s January 14,
2008, memorandum to the Planning and Environmental Commission.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the same district, based upon the review outlined in Section VII
of the Staff’s January 14, 2008, memorandum to the Planning and
Environmental Commission.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
in the same district, based upon the review outlined in Section VII of the
Staff’s January 14, 2008, memorandum to the Planning and Environmental
Commission.”
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant’s Request
C. Architectural Plans
D. Photos
E. Public Hearing Notice
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Attachment A – Vicinity Map
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Attachment B – Applicant’s Request
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Attachment D – Photos
Subject Property from
Booth Falls Court
(Existing parking in
right-of-way)
Subject Property from
Booth Falls Court
(Existing duplex)
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Subject Property from
duplex, facing Booth
Falls Court
(Steep slope)
Subject Property
(Outdoor storage to be
moved into garage)
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Neighboring
properties
(Existing 4-car
garages)
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Attachment E – Public Hearing Notice