HomeMy WebLinkAboutPEC080025_26 Prochnow Variances_060908 MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 9, 2008
SUBJECT: A request for a final review of variances from Sections
12-6H-6, Setbacks, and Section 12-6H-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition,
located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing, and setting forth details in regard thereto. (PEC080025-26)
Applicant: Ann and Tyler Prochnow, represented by Fritzlen
Pierce Architects
Planner: Nicole Peterson
_________________________________________________________________________
I. SUMMARY
The Applicant, Ann and Tyler Prochnow, represented
by Fritzlen Pierce Architects, is requesting variances from Sections 12-6H-6, Setbacks, and Section 12-6H-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for a residential addition, located at 483 Gore Creek Drive/Lot 7, Vail Village 4th 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
The descriptions of the variances requested are as follows:
Side Setbacks (PEC08-0026): The Applicant is requesting
to vary the east and west side setbacks from the required 20 feet to 0 feet to allow a 137.12 square foot addition (deck enclosure) on the north side (rear) and a 184.7 square foot deck
on the south side (front). The rear addition will increase the size of two existing lower level bedrooms. The existing non-conforming structure is built to both east and west property
lines (zero setbacks).
Landscaping (PEC08-0025): The Applicant is requesting to vary the landscaping from the 20% maximum hardscape allowed (142.5 square feet maximum) to 63.4% (740.3
square feet) to allow for a 184.7 square foot deck on the south side (front). The existing landscaping is non-conforming at 41.1% (555.6 square feet) hardscape. The existing and proposed
overall landscaping meets the 30% minimum landscape
requirement. It is only that portion of the landscaping counted as hardscape that requires the variance. Please see section IV of this memorandum for the definition of landscaping,
which describes the 20% maximum hardscape requirement.
A vicinity map (Attachment A), letter from the Applicant (Attachment B), and development plans and photos (Attachment C) are attached
for reference.
III. BACKGROUND
The Texas Townhomes were originally constructed in 1965, prior to the adoption of the Vail Town Code in 1973. The townhome lots were originally
platted under Eagle County jurisdiction. The existing townhomes are built up-to the property lines, making new construction, renovation, or structural changes impossible without the
granting of a variance from the side setback regulations. All of the existing units are already encroaching into the side setbacks and are therefore legally non-conforming in regard
to that requirement of the High Density Multiply Family (HDMF) district. Most of the units are also non-conforming to landscaping due to the small lot sizes.
Variances of this nature
have been granted to units within the Texas Townhomes. The following table includes previous variance approvals and known non-conformities:
Unit
Photo
Variances/ Other approvals
Non-Conformitie
s
1
2000 – Dormer, window and deck addition
1981 – Remodel
Lot size
Side setbacks
GRFA
2
2001 – Tree report and tree removal, front porch and bay window
2000 – Interior
remodel, attic finish, dormer (250)
1982 – Rear deck
Lot size
Side setbacks
GRFA
3
1997 – Variance side setbacks to expand north and south decks.
Lot size
Side setbacks
GRFA
4
2002 – Deck and balcony replacement
1997 – Application for setback variance
withdrawn
1987 – Remodel
1983 – Deck remodel
1975 – GRFA variance
Lot size
Side setbacks
GRFA
5
2004 – Side setbacks variance for a dormer addition (250).
1993 – removal of
large pine in front – replaced with 3 aspens)
Lot size
Side setbacks
GRFA
6
1991 – Side setbacks variance for a dormer addition, no change to GRFA
1980 – rebuild exterior deck
Lot
size
Side setbacks
GRFA
7
Proposed variances to side setbacks and landscaping for addition to rear (250) and front deck.
2001- Replace windows
2000 – Replace deck
Lot size
Side
setbacks
GRFA
Landscaping
8
2004- Side setbacks variance for a dormer addition (250).
1994 - remodel
Lot size
Side setbacks
GRFA
IV. APPLICABLE PLANNING DOCUMENTS
VAIL TOWN CODE
Staff believes that
the following provisions of the Vail Town Code are relevant to the review of this proposal:
Section 12-2 Definitions (in part)
LANDSCAPING: Natural or significant rock outcroppings,
native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be deemed landscaping together with the core development such
as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area.
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, 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 12-6H: High Density Multiple Family District (in part)
12-6H-1 Purpose:
The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with
such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density
multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain
the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses,
which relate to the nature of Vail as a winter and summer
recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district.
12-6H-6: Setbacks: 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').
12-6H-10: Landscaping and Site Development:
At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15’) with a minimum
area not less than three hundred (300) square feet.
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.
12-17-7: 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.
VAIL VILLAGE MASTER PLAN
Staff believes that the following goals of the Vail Village
Master Plan are relevant to the review of this proposal:
#1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its
sense of community and identity.
V. SITE ANALYSIS
Address: 483 Gore Creek Drive, Texas Townhomes Unit 7
Legal Description: Lot 7 Vail Village 4th Filing
Zoning: High Density Multiple Family
Land Use Plan Designation: Vail
Village Master Plan
Current Land Use: Residential townhomes
Lot Area 2,375.4 sf (.054 acres)
Development Standard Required Existing Proposed
Min. Lot Area: 15,000 sq. ft. 8,624
sq. ft. No change
Min. Setbacks:
Front: 20’ 23’ No change
(Deck allowed to encroach)
Sides: 20’ (east) 0’ 0’
20’ (west) 0’ 0’
Rear: 50’ Gore Creek 72’ 66’
Max.
Building Height: 33’ 25’ No change
Max. GRFA: 1,805.3 sf 2,013.2 sf* 2,150.32 sf*
Max. Site Coverage: 712.6 sf (55%) 1,103 sf (46.5%) 1,207 sf (50.9%)
Min. Landscape
Area: 712 sf (30%) 1,000 sf (42%) 1,166 sf (49%)
Max. Hardscape: 142.5 sf 574.6 sf 740.6 sf
(Including decks, walks) (20%) (49%) (63%)
Min. Parking: 2 spaces 2
spaces 2 spaces
* The structure exceeds the maximum GRFA. However, the addition is permitted as a 250 addition under Section 12-15, Vail Town Code.
VI. SURROUNDING LAND USES AND
ZONING
Land Use Zoning
North: Village Master Plan Natural Area Preservation (NAP) Gore Creek
South: Village Master Plan Outdoor Recreation (OR)
East: Village Master Plan High
Density Multiple Family (HDMF)
West: Village Master Plan High Density Multiple Family (HDMF)
VII. CRITERIA AND FINDINGS
1. The relationship of the requested variance to other existing
or potential uses and structures in the vicinity.
Side Setbacks (PEC08-0026): The Applicant is requesting to vary the east and west side setbacks from the required 20 feet to 0 feet to allow a 137.12 square foot addition (deck enclosure)
on the north side (rear) and a 184.7 square foot deck on the south side (front). The existing non-conforming structure is built to both east and west property lines (zero setbacks).
The
existing residences to the east and west (Units #6 and #8) are also built to the property lines with 0 setbacks. Both units #6 and #8 were granted east and west side setback variances
in the past. Staff does not believe the neighbors will be negatively impacted by the proposed addition.
Landscaping (PEC08-0025): The Applicant is requesting to vary the landscaping
from the required 20% maximum hardscape (142.5 square feet maximum) to 63.4% (740.3 square feet) to allow for a 184.7 square foot deck on the south side (front).
Although no other
units have been granted a variance to landscaping; it is apparent in looking at the vicinity map that most, if not all the units exceed the landscape ordinance. The reason is that all
other units have similar decks and walkways, which would also exceed the maximum hardscape requirement.
The subject property is in compliance with the first half of the landscape
ordinance which requires a minimum of 30% of the site to be landscaped (56.8% proposed). However, the ordinance goes on to only allow 20% of that 30% of landscaping to be hardscape
(deck, walkways etc). The existing structure exceeds the 20% of 30% requirement. However, the proposed front deck further exceeds the requirement, therefore the variance is required.
Units #3 and #4 have existing decks very similar to the proposed front deck. Staff does not believe the neighbors will be negatively impacted by the proposed addition.
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.
Side Setbacks (PEC08-0026): The Applicant is requesting to vary the east and west side
setbacks from the required 20 feet to 0 feet to allow a 137.12 square foot addition (deck enclosure) on the north side (rear) and a 184.7 square foot deck on the south side (front).
Staff does not believe approval of the requested setback variances would be a grant of special privilege. Other units with-in the development have been granted variances to side
setbacks and all of the existing units in the townhouse structure encroach into the side setbacks. The reason for the non-conformities is that Texas Townhomes were originally constructed
in 1965, prior to the adoption of the Vail Town Code in 1973 and the lots were originally platted under Eagle County jurisdiction. The lot size, lot configuration and existing structure
are all physical hardships on this lot which greatly restrict the ability of improvements to be made to the structure without a variance.
Landscaping (PEC08-0025): The Applicant is requesting to vary the landscaping from the required 20% maximum hardscape (142.5 square feet maximum) to 63.4% (740.3 square feet) to allow
for a 184.7 square foot deck on the south side (front).
Staff does not believe approval of the requested landscape variance would be a grant of special privilege. Although no other
units have been granted a variance to landscaping; it is apparent in looking at the vicinity map that most, if not all the units exceed the maximum hardscape requirement. Units #3 and
#4 have existing decks very similar to the proposed front deck.
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 does not believe that approval of the variances will have a negative effect on the factors listed above. However, because
the proposal requires the removal of 4 aspen trees and 1 evergreen tree, Staff is recommending that a condition of approval shall be the replacement of the trees on a one for one basis.
Staff has drafted a condition to that effect under Section VIII of this memorandum.
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 within the Texas Townhomes development (See table
in Section III of this memorandum).
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of the requested variances from Sections
12-6H-6, Setbacks, and Section 12-6H-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition,
located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing.
Staff’s recommendation is based upon the review of the criteria in Section VII of this memorandum. Staff has provided
the two 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:
Side Setbacks
“The Planning and Environmental Commission approves a variance from
Section 12-6H-6, Setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, to vary the east and west side setbacks from the required 20 feet to 0 feet to allow a 137.12 square
foot addition (deck enclosure) on the north side (rear) and a 184.7 square foot deck on the south side (front) located at 483 Gore Creek
Drive/Lot 7, Vail Village 4th Filing.”
Landscaping
“The Planning and Environmental Commission approves a variance from Section 12-6H-10, Landscaping and Site Development, Vail Town
Code, to vary the landscaping from the required 20% maximum hardscape (142.5 square feet maximum) to 63.4% (740.3 square feet) to allow for a 184.7 square foot deck on the south side
(front)located at 483 Gore Creek Drive/Lot 7, Vail Village 4th Filing.”
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 replace the 4 aspen trees (minimum 2.5 caliper) and 1 evergreen tree (minimum 6 foot) in the front yard prior to Certificate of Occupancy issuance.
3. The Applicant
shall be subject to the Inclusionary Zoning requirements set forth in Section 12-24 Inclusionary Zoning, Vail Town Code for a 137.12 square foot addition of GRFA in the High Density
Multiple Family Zone District.”
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.
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 landscaping regulations results in a practical difficulty or unnecessary physical hardship inconsistent with the development objectives of the Town Code.
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 vicinity.”
IX. ATTACHMENTS
Vicinity
Map
Letter from Applicant
Plans
Public Notice
Attachment A: Vicinity Map