HomeMy WebLinkAboutPEC080018 Peters Variances_042808 MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 28, 2008
SUBJECT: A request for a final review of variances from Sections
12-6D-6, Setbacks, Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential
addition and remodel with required parking located partially within the public right-of-way, located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain, and setting forth details
in regard thereto. (PEC080018)
Applicant: Alan Peters, represented by Carl Mueller
Planner: Nicole Peterson
_________________________________________________________________________
I. SUMMARY
The Applicant, Alan Peters, represented by Carl Mueller, is requesting variances from Sections 12-6D-6, Setbacks, Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements,
Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition and remodel with required parking located partially within the public right-of-way,
located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.
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
The Applicant is requesting variances from Section 12-6D-6 Setbacks, for the front, east side and west side setbacks to allow for a new one-car garage with master bedroom above,
a covered porch and additions to the existing living room and dining room. The request for a variance to Section 12-6D-11, Parking, is to reduce the amount of parking spaces provided
from the required 5 spaces to 4 spaces. The final variance from Section 14-3-2F, Other Requirements, is to allow for 3 vehicle parking spaces to be partially located within the Town
owned, Bellflower Drive, right-of-way.
The public notice for the request included a variance from 12-6D-9, Site Coverage. However, the proposal complies with the Site Coverage requirement
and a variance is not required. A vicinity map and plans are attached for reference (Attachments A & C).
On November 24, 2003, the Applicant received variance approvals to setbacks and parking requirements, similar to this current proposal. The previous approval has since expired. Therefore,
the Applicant is returning to the Planning and Environmental Commission to request the approval of a slightly modified proposal. The Applicant has removed the previously requested den
and laundry room and reconfigured the proposed garage, master bedroom, living room, and dining room additions.
Attached is a letter from the Applicant describing the request in greater
detail (Attachment B). The descriptions of the variances requested are as follows:
Front Setback: The Applicant is requesting to vary the front setback from the required 20 feet to
a range of 9.5 feet to 14 feet to allow for a one-car garage addition and from the required 16 feet to 14 feet for a covered porch addition (Covered porches are allowed to encroach into
the setback 4 feet). Approximately 273 square feet, of the 462 square foot garage is proposed within the front and west side setbacks. Approximately 6 square feet of the covered porch
is proposed within the front setback.
West Side Setback: The Applicant is requesting to vary the west side setback from the required 15 feet to a range of 5.5 feet to 8.5 feet to allow
for a one-car garage addition and master bedroom over a portion of the garage. Approximately 273 square feet, of the 462 square foot garage is proposed within the front and west side
setbacks. Approximately 62 square feet of the proposed master bedroom above the garage, is proposed within the west side setback.
East Side Setback: The Applicant is requesting to
vary the east side setback from the required 15 feet to 12 feet to allow for a dining room addition. Approximately 20 square feet of the dining room is proposed within the east side
setback. The dining room addition will extend south and follow the existing eastern most wall of the existing house, which is currently encroaching into the east side setback.
Parking
Spaces: The Applicant is requesting to vary the number of parking spaces from the required 5 spaces (3 for primary and 2 for secondary) to 4 spaces.
Parking in the right-of-way: The
Applicant is requesting a variance from the requirement that all required parking be located on site. Three of the proposed surface parking spaces encroach up to 13 ft. into the Bellflower
Drive right-of-way.
III. BACKGROUND
The original plat for this property was recorded in 1970 under Eagle County jurisdiction. The existing structure was constructed in 1977 under
Eagle County regulations requiring side setbacks of five feet. When the property was annexed into the Town of Vail under Ordinance 15 in 1987 it was zoned Two-Family Primary/ Secondary
Residential (PS) District with a minimum front setback of 20 feet and side yard of 15 feet.
On November 2, 1983, the Applicant received approval to construct a secondary deed restricted
unit on the lot. At that time, the Town Zoning regulations required that one half (1/2) of the required parking be enclosed. The Applicant received a variance from this requirement.
The variance was granted based on the difficulty of building a garage on the
site, specifically the Planning and Environmental Commission found, “the garage would tend to overcrowd the lot and would impair the common open space between the residence and the residence
to the west.”
On March 26, 2001, the Planning and Environmental Commission approved similar setback and parking variances for this property.
On February 7, 2002, the Design Review
Board approved the design review application associated with the approved variances from March 26, 2001.
On November 24, 2003, the Planning and Environmental Commission again approved
similar setback and parking variances for this property. This proposal varies in that the Applicant has removed the previously requested den and laundry room and reconfigured the proposed
garage, master bedroom, living room, and dining room additions. This approval has since expired.
IV. APPLICABLE PLANNING DOCUMENTS
Vail Town Code
Section 12-2 Definitions
SETBACK:
The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures,
or buildings on the site.
SETBACK LINE: A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site.
SETBACK LINE,
FRONT: The setback line extending the full width of the site parallel to and measured from the front lot or site line.
SETBACK LINE, SIDE: The setback line extending from the front
setback line to the rear setback line parallel to and measured from the side lot or site line.
Section 12-6D Two-Family Primary/Secondary Residential (PS) District (in part)
12-6D-1:
PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two-family primary/secondary
residential district is intended to ensure 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.
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum
front setback shall be twenty feet
(20'), the minimum side setback shall be fifteen feet (15'), and the minimum rear setback shall be fifteen feet (15').
12-6D-11: PARKING:
Off-street parking shall be provided in accordance
with Chapter 10 of this Title.
Section 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.
B. Development Standards Excepted: Variances may be
granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control,
building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this
title, governing physical development on a site.
C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because
the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits", and by section 12-3-7, "Amendment" of
this title.
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.
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.
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.
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 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:
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.
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 district.
12-17-7: PERMIT APPROVAL AND EFFECT:
Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced
and diligently pursued toward completion within two (2) years from when the approval becomes final.
14-3-2 OTHER REQUIREMENTS
F. Location: Parking spaces, aisles and turning areas
shall be entirely within lot lines and shall not encroach on any public right of way. No parked vehicle shall overhang any public right of way.
V. SITE ANALYSIS
Zoning: Two-Family
Primary/Secondary District
Land Use Plan Designation: Low Density Residential
Current Land Use: Two-Family Dwelling
Development Standard Required Existing Proposed
Min. Lot Area: 15,000
sq. ft. 8,624 sq. ft. No change
Min. Setbacks:
Front: 20’ 14.4’ 9.5- 14’
Sides: 15’ (east) 12’ 12’
15’ (west) 20.5’ 5.5-8.5’
Rear: 50’ Gore Creek 62.5’ 52’
Max. Building Height: 33’ 25’ No change
Max. GRFA:
Primary 2,380.2 sq. ft. 1,631 sq. ft. 2,209 sq. ft. EHU 1,586.8 sq. ft. 827 sq. ft. No change
Total 3,967
sq. ft. 2,458 sq. ft. 3,036 sq. ft.
Max. Site Coverage: 2,156 sq. ft. (25%) 1,118 sq. ft. (13%) 1,835 sq. ft. (21.2%)
Min. Landscape Area: 4,743 sq. ft. (55%) 6,510 sq.
ft. (75%) 6,395 sq. ft. (74.2%)
Min. Parking: 5 spaces 2 spaces 4 spaces
(1 enclosed)
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Residential Residential
Cluster District
South: Residential Two-Family Primary/Secondary District
East: Residential Two-Family Primary/Secondary District
West: Residential Two-Family Primary/Secondary
District
VII. CRITERIA AND FINDINGS
1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
Front Setback: The Applicant
is requesting to vary the front setback from the required 20 feet to a range of 9.5 feet to 14 feet to allow for a one-car garage addition and from the required 16 feet to 14 feet for
a covered porch addition (Covered porches are allowed to encroach into the setback 4 feet). Approximately 273 square feet, of the 462 square foot garage is proposed within the front
and west side setbacks. Approximately 6 square feet of the covered porch is proposed within the front setback.
The proposed garage addition is flush with the front of the existing
two-family dwelling. Therefore the neighboring property’s front yard sight lines are un-affected by the proposed garage addition into the front setback.
West Side Setback: The Applicant
is requesting to vary the west side setback from the required 15 feet to a range of 5.5 feet to 8.5 feet to allow for a one-car garage addition and master bedroom over a portion of the
garage. Approximately 273 square feet, of the 462 square foot garage is proposed within the front and west side setbacks. Approximately 62 square feet of the proposed master bedroom
above the garage, is proposed within the west side setback.
The existing residence to the west (2963 Bellflower Drive) is situated at an angle that places the home closer to its western
property line than to its east, at the point where
the proposed garage addition is located (See Attachment A – Vicinity Map). Currently the west neighbor parks vehicles within one foot of the shared property line. The west neighboring
property has also been granted a variance for its east setback to 6.4 feet. Staff does not believe the neighbor to the west will be negatively impacted by the proposed addition into
the west side setback.
East Side Setback: The Applicant is requesting to vary the east side setback from the required 15 feet to 12 feet to allow for a dining room addition. Approximately
20 square feet of the dining room is proposed within the east side setback. The dining room addition will extend south and follow the existing eastern most wall of the existing house,
which is currently encroaching into the east side setback.
The proposed east side addition (dining room) is flush with the east side of the existing two-family dwelling. Therefore,
the addition does not encroach into the east side setback more than the existing home. Staff does not believe the neighbor to the east will be negatively impacted by the proposed addition
into the east side setback.
Parking Spaces: The Applicant is requesting to vary the number of parking spaces from the required 5 spaces (3 for primary and 2 for secondary) to 4 spaces.
Currently
, the property has only two parking spaces. The proposal would increase the amount of parking on-site to 4 spaces, bringing the property into greater compliance. The proposed surface
parking spaces will not encroach closer to the west property line. The proposed eastern most (grass-create covered) parking space is proposed over 30 feet from the east property line.
Staff does not believe the neighboring properties will be negatively impacted by the proposed parking.
Parking in the right-of-way: The Applicant is requesting a variance from the
requirement that all required parking must be located on site. Three of the proposed surface parking spaces encroach up to 13 feet into the Bellflower Drive right-of-way.
The lot size,
lot configuration and existing structure location make providing the required number of parking spaces (5) on-site impossible, without a variance to allow parking within the right-of-way.
Town of Vail Public Works Department has reviewed the proposal and supports the request for 2 of the 3 surface parking spaces within the right-of-way. Public Works supports the 2 parking
spaces that are in the same footprint as the existing driveway.
Public Works requires that a revocable right-of-way permit be issued. Staff is proposing a condition to that effect
in Section VIII of this memorandum. Currently, the neighbor to the west, most affected by the proposed parking, provides parking within one foot of the shared property line. Staff
does not believe the neighboring properties will be negatively impacted by the proposed parking in the right-of-way.
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.
Front, West Side and East Side setbacks:
Staff does not believe approval of the requested setback variances would be a grant of special privilege. The lot size, lot configuration, existing
structure, and 50 ft. Gore Creek stream setback are all physical hardships on this lot which greatly restrict the ability of improvements to be made to the structure without a variance.
The lot is nonconforming with regards to lot size and the house currently encroaches into the front and side setbacks. Many of the structures in the neighborhood have similar encroachments
into the setbacks (see below).
Location
Description of the site
2923 Bellflower
Nonconforming 4-plex approved by Eagle County. Encroaches 9 ft. into the stream setback, 7.5 ft.
into the east setback, and encroaches into the right-of-way.
2933 Bellflower
No information available.
2943 Bellflower
Granted a front setback variance to allow for a front setback
of 13 ft. Side setbacks are nonconforming at 12 ft. and 5 ft.
2953 Bellflower
Granted a parking variance to not enclose parking in conjunction with EHU. Meets all setback requirements.
2963
Bellflower
Granted setback variances allowing for a 6 ft. front setback, 6.4 ft. east side setback, and 8.4 ft. side setback.
2983 Bellflower
No information available.
3003 Bellflower
Grante
d front setback variance to allow for a 13 ft. front setback, with GRFA being allowed beneath the garage. Side setback variance was denied.
2992 Bellflower
Denied (by Council)
a side setback variance for garage and GRFA. Meets all setback requirements.
2982 Bellflower
Meets all setback requirements.
2972 Bellflower
Meets all setback requirements.
2962
Bellflower
No information available.
2852 Bellflower
Nonconforming. Encroaches into the front setback 9 ft. and 1 ft. into side setback.
2942 Bellflower
Granted a front setback
variance for a garage and storage area to allow for a 15.5 ft. front setback. Nonconforming with a 7 ft. encroachment into the east side setback.
2932 Bellflower
Meets all setback
requirements.
2995 Basingdale
No information available.
2975 Basingdale
Meets all setback requirements.
2955 Basingdale
Garage located in front setback.
2945 Basingdale
Nonconforming.
Encroaches into side setback 7 ft.
2935 Basingdale
Granted front setback variance to allow for GRFA below garage in front setback. Below grade encroachment of 18.5 ft.
2925
Basingdale
Granted front setback variance to allow for a front setback of 13 ft.
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 Public Works Department recommended that the existing evergreen tree in the front yard be trimmed so
as not to obstruct the view along Bellflower Drive. Staff is proposing a condition to that effect in Section VIII of this memorandum. Staff does
not believe that approval of the variance will have a negative effect on the factors listed above.
4. Such other factors and criteria as the commission deems applicable to the proposed
variance.
Another factor in consideration of the requested variances is that the Planning and Environmental Commission has approved similar variances on the subject property on two
previous occasions (March 26, 2001 and November 24, 2003).
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of the requested
variances from Sections 12-6D-6, Setbacks, Section 12-6D-11, Parking, and Section 14-3-2F, Other Requirements, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to
allow for a residential addition and remodel with required parking located partially within the public right-of-way, located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.
Staff’s
recommendation is based upon the review of the criteria in Section VII of this memorandum. Staff has provided the five variance requests in separate motions, below, for the Commissions
consideration.
Should the Planning and Environmental Commission choose to approve the variance requests, the Community Development Department recommends, the Commission pass the following
separate motions:
Front Setback
“The Planning and Environmental Commission approves a variance from Section 12-6D-6, Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code,
to vary the front setback from the required 20 feet to a range of 9.5 feet to 14 feet to allow for a one-car garage addition and from the required 16 feet to 14 feet for a covered porch
addition located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.”
West Side Setback
“The Planning and Environmental Commission approves a variance from Section 12-6D-6,
Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, to vary the west side setback from the required 15 feet to a range of 5.5 feet to 8.5 feet to allow for a one-car garage
addition and master bedroom over a portion of the garage located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.”
East Side Setback
“The Planning and Environmental Commission
approves a variance from Section 12-6D-6, Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, to vary the east side setback from the required 15 feet to 12 feet to allow
for a dining room addition located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.”
Parking Spaces
“The Planning and Environmental Commission approves a variance from Section 12-6D-11, Parking, pursuant to Chapter 12-17, Variances, Vail Town Code, to vary the number
of parking spaces from the required five (5) spaces to four (4) spaces located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.”
Parking in the right-of-way
“The Planning
and Environmental Commission approves a variance from Section 14-3-2F, Other Requirements, pursuant to Chapter 12-17, Variances, Vail Town Code, to vary the requirement that all required
parking be located on site to allow for the partial encroachment of three (3) parking spaces into the right-of-way located at 2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain.”
Should
the Planning and Environmental Commission choose to approve the variance requests, Staff recommends the following conditions:
“1. The variance approvals are contingent on the Applicant
obtaining Town of Vail approval of a design review application for the proposed additions.
2. The Applicant shall submit a revocable right-of-way permit to Public Works for all improvements
located within the Bellflower Drive right-of-way prior to issuance of the building permit.
3. The Applicant shall deed restrict the secondary dwelling unit as a Type I Employee Housing
Unit and file all necessary documentation with the Town of Vail Housing Coordinator prior to the issuance of the Certificate of Occupancy.
4. The Applicant shall trim the large existing
evergreen tree in the front yard so that no limbs hang below 7 feet as measured from the ground, upward, prior to the issuance of the Certificate of Occupancy.”
Should the Planning
and Environmental Commission choose to approve the variance requests, Staff recommends the Commission, make the following findings:
“1. That the granting of the variances do not constitute
a grant of special privilege inconsistent with the limitations on other properties in the Two-Family Primary/Secondary Residential 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 strict literal interpretation or enforcement
of the setback and parking regulations results in a practical difficulty or unnecessary physical hardship inconsistent with the development objectives of the Town Code or the Two-Family
Primary/Secondary Residential District.
4. That the strict interpretation or enforcement of the specified regulation would
deprive the Applicant of privileges enjoyed by the owners of other properties in the Two-Family Primary/Secondary Residential District.”
IX. ATTACHMENTS
Vicinity Map
Letter from Applicant
Plans
Pu
blic Notice
Attachment A: Vicinity Map
Attachment B: Letter from Applicant