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HomeMy WebLinkAboutRelevant code sections12-17-6: 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: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 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. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Such other factors and criteria as the commission deems applicable to the proposed variance. 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS, BAY WINDOWS, ETC.: A. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than four feet (4') into a required setback area or into a required distance between buildings. B. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. Steps that form an exit discharge may project into a required setback area to the degree necessary to conform with the adopted building code's means of egress standards, at the discretion of the administrator. C. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5') above ground level may project not more than five feet (5') nor more than one-half (1/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. D. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings not more than four feet (4'). E. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth (1/10) the area of the wall surface from which it projects or extends. F. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not usable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15'). (Ord. 29(2005) § 81: Ord., 9-21-1999) GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks. Chapter 21: HAZARD REGULATIONS 12-21-1: PURPOSE: The purpose of this chapter is to help protect the inhabitants of the town from dangers relating to development of floodplains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the town, to protect the aesthetic and recreational values and natural resources of the town, which are sometimes associated with floodplains, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the town where floodplains, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare. (Ord. 5(1985) § 1: Ord. 12(1978) § 4) 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: A. Maps Adopted: The following maps are hereby adopted as the official maps of the town, identifying areas of geologic sensitivity: 1. The debris flow and debris avalanche hazard analysis map prepared by Arthur I. Mears, P.E., Inc., and dated November 1984. 2. The rockfall map prepared by Schmueser and Associates, Inc., and dated November 29, 1984. 3. All areas within the boundaries of the geologic hazards map, figure 3, prepared by Lincoln DeVore Engineers, Geologists and dated August 16, 1982. B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purpose of this section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this section shall be prepared by a "professional geologist", as defined by Colorado Revised Statutes section 34-1-01, as amended, or a "registered professional engineer", as defined by Colorado Revised Statutes section 12-25-102, as amended, under the direction of and at the expense of the owner/applicant and submitted to the department of community development. 2. The extent of the site specific ecologic investigation required shall be determined by the geologist or engineer who is responsible for the investigation; however, the investigation shall be of sufficient thoroughness and accuracy to allow such expert to certify to the following: a. For all structures other than single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this code: (1) Whether the geologic conditions are such that the site can or cannot be developed for the specific structure or use proposed without corrective engineering or engineered construction, or other mitigation or alterations. (2) Whether corrective engineering or engineered construction, or other mitigation or alterations can or cannot be accomplished to reduce the danger to the public health, safety or to property due to problems related to geologic sensitivity to a reasonable level, and not increase the hazard to other properties or structures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities or other properties of construction. b. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title, the site specific geologic investigation shall certify to the following: (1) Whether the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations; or (2) That the site is a geologically sensitive area but development will not increase the hazard to other property or structures, or to public buildings, rights of way, roads, streets, easements, utilities or facilities or other properties of any kind. C. Development Plan Or Building Permit: Following the completion of the site specific geological investigation and its review by the department of community development, a development plan may be approved or a building permit may be issued as follows: 1. For all structures other than single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title: a. If the conclusion of the engineer or geologist performing the investigation is that the site can be developed for the specific structure or activity proposed without corrective engineering or engineered construction or other mitigation or alterations, the subdivision plan or building permit or grading permit may be approved without conditions relating to the mitigation of the areas of geologic sensitivity. b. If the finding of the engineer or geologist performing the geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished to reduce the danger to the public health and safety or to property to a reasonable level, and such mitigation does not increase the hazard to other property or structures, or to public buildings, roads, streets, rights of way, easements, utilities or facilities, approval of the development plan and/or the issuance of the building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering and engineered construction or other litigation or alterations as set forth in this title. c. If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure or use proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated to a reasonable level, the subdivision plan or building permit or grading permit shall be denied. 2. For single-family and two-family dwellings, and "accessory uses" thereto as defined in section 12-6C-4 of this title: a. If the conclusion of the engineer or the geologist performing the investigation is that the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations, or that the site is a geologically sensitive area, but will not increase the hazard to other property or structures or to public buildings, roads, streets, rights of way, easements, utilities or facilities, a grading permit or building permit may be issued. b. If the finding of the engineer or geologist performing the site specific geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished so that there is no increased hazard to other property or structures, or to public buildings, roads, streets, rights of way, easements, utilities or facilities, the issuance of a building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering or engineered construction or other mitigation or alterations as set forth in this section. c. If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated so that the hazard to other properties or structures will not increase from the present level or the hazard to public buildings, roads, streets, rights of way, easements, utilities and facilities will not increase from the present level, then the building permit or grading permit shall be denied. D. Construction Requirements: The following requirements shall pertain to the construction of any building or structure to be built in an identified or designated area of geologic sensitivity and which requires corrective engineering or engineered construction or other mitigation or alterations to reduce the danger to public health and safety or to property due to such problems as set forth in subsections C1b or C2b of this section: 1. The certified site specific reports and plans required by this subsection shall be prepared by each engineer and geologist as applicable to their area of expertise and specialty and shall certify that: a. Adequate base data as may be pertinent has been provided. b. Said base data is utilized in the design and planning of the proposed project or structure. c. Design and construction procedures derived from said base data are executed. d. Design and construction will reduce danger to the public health, safety or property due to geologic sensitivity to a reasonable level. 2. No certificate of occupancy, temporary or permanent, shall be issued until the following have been approved by the department of community development or its authorized representatives: a. Inspection and certification by the town building official and the engineer or geologist who prepared the plans and specifications that the work was properly performed in accordance with the plans and specifications. b. If the engineer, geologist, or building official of the town finds that the work is not being done in accordance with the approved plans and specifications, the discrepancy shall be reported immediately in writing to the contractor and to the department of community development. Recommendations for corrective measures, if necessary, shall also be submitted. c. All geologic reports prepared under this section shall be signed by and prepared by or under the responsible direction of "professional geologists" as defined by Colorado Revised Statutes section 34-1-201, as amended. Such professional geologist shall be experienced and competent in the geologic specialty required to meet the objectives of this chapter. Such professional geologist shall be responsible for certification of all geologic maps and reports prepared by him/her under his/her responsible direction as specified in this section. All engineering reports required by this section shall be done by a "registered professional engineer" as defined by Colorado Revised Statutes section 12-25-102, as amended. E. Existing Uses Continued; Exceptions: Existing use of land, structures or premises which are not in conformity with the provisions of this regulation may be continued, except for the following: 1. No building permit will be issued for the exterior expansion, alteration or addition to existing structures in geologically sensitive areas except for windows, skylights and other similar minor alterations unless the requirements of subsections B through D of this section are complied with. 2. Structures existing on the effective date hereof which are damaged or destroyed may be reconstructed without compliance to this section as long as said structure complies with other applicable ordinances and is constructed to substantially the same dimensions as existed prior to damage or destruction, unless given approval by the town to alter the design. F. Notice Requirements: In order to provide reasonable notice to the public of the problems related to geologically sensitive areas, the following notice regulations and requirements are hereby adopted for all real property and structures located in geologically sensitive areas: 1. All subdivision plats recorded after the effective date hereof shall identify and designate each lot and block, or portions thereof, located within any geologically sensitive area, together with applicable subzone designations, by a stamp or writing in a manner providing reasonable notice to interested parties. 2. All plans submitted after the effective date hereof with the building permit application for property within said areas shall be stamped by the applicant "Geologically Sensitive Area" together with the applicable zone designation. 3. Prior to the issuance of any building permit for construction within the geologically sensitive areas, the owner shall submit a written, signed and notarized affidavit certifying acknowledgement of receiving personal notice of the fact that said building or structure is in an area of geologic sensitivity and notice of the studies conducted to date with regard thereto. 4. All owners, lessors or agents who rent, lease or sublet any structure or premises within an area of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April 1 through July 1 of any year. 5. Each and every real estate agent, sales person and broker, and each and every private party who offers for sale or shows a parcel of real estate and/or structure for sale within said area of geologic sensitivity, shall provide the prospective purchaser, with written notice that said real property and/or structure is located within said area of geologic sensitivity. Furthermore, written notice shall be made in all instances prior to the execution of any sales documents and shall state that this section and the studies and maps referred to in this section are available for public inspection at the office of the department of community development and that said maps, studies and this section should be reviewed prior to any party entering into any agreement or contract with regard thereto. G. Disputes; Procedure: In any case where a person wishes to dispute the designation of any property as a geologically sensitive area by one of the maps and studies adopted by this section, the following procedures shall be followed: 1. A written application shall be filed with the department of community development requesting such a hearing and providing a supporting site specific geologic investigation. 2. A hearing shall be set on a date a minimum of thirty (30) days after the application has been filed to allow for a staff review. 3. At the hearing before the town council, the applicant shall be given a reasonable opportunity to present his/her case and submit technical and geologic evidence to support his/her claim. If the site specific geologic investigation establishes by clear and convincing evidence that the property should not be designated as a geologically sensitive area, the town council shall direct the department of community development to amend the map appropriately. H. Additions To Maps: In any case where a person wishes to have one of the official maps adopted by this title amended to notate more detailed site specific information is available, the following procedure shall be followed: 1. A written application shall be filed with the department of community development requesting such a hearing and providing a supporting site specific geologic investigation. 2. A hearing shall be set on a date not less than thirty (30) days after the application has been filed nor more than sixty (60) days to allow for a staff review. 3. If the applicant establishes at the hearing by clear and convincing evidence that the information contained in the site specific geologic investigation is reliable, the town council shall direct the department of community development to keep a copy of said site specific investigation on file in the department of community development and available to the general public and shall further direct the department of community development to notate the appropriate official map adopted by this chapter so that it indicates that said site specific investigation is on file with the department of community development. (Ord. 28(2007) § 9: Ord. 29(2005) § 46: Ord. 20(1985) § 1: Ord. 5(1985) § 5) 12-21-14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in accordance with section 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. (Ord. 28(2007) § 10)