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HomeMy WebLinkAboutStaff Report MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 13, 2009 SUBJECT: A request for final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new two-family dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details in regard thereto. (PEC090021) Applicant: Vail Local Housing Authority, represented by VAg Inc. Planner: Nicole Peterson ___________________________________ _________________________________________ I. SUMMARY The applicant, Vail Local Housing Authority, represented by VAg Inc., is requesting a variance from Section 12-6D-6 Setbacks, for the rear (south side) setback, from the required 15 feet to 10 feet, an encroachment of 5 feet, to allow for the construction of a new two-family dwelling, located at 2657 Arosa Drive. 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 the Planning and Environmental Commission approves, with conditions, the variance request. II. DESCRIPTION OF THE REQUEST The applicant is requesting a rear setback variance to allow for the construction of a new two-family dwelling (two employee housing units). The foundation of the proposed structure will encroach from 3 feet (east unit) to 3 ½ feet (west unit), leaving 11 ½ to 12 foot setbacks from the south property line. The total GRFA of the encroachment equals 175 square feet. The chimney will encroach 5 feet (west unit), and the eaves of both units encroach 5 feet, leaving a 10 foot setback from the south property line. According to Section 14-10-4, Architectural projections, Vail Town Code, chimney’s and eaves may projection four feet into the setback, therefore the chimney and eaves are technically encroaching 1 foot into the setback. III. BACKGROUND The original plat for this property was recorded in 1965 under Eagle County jurisdiction. The original structure, known as the “A frame house,” was constructed in 1977 and demolished in 1999 (D99-0045-46). When the property was annexed into the Town of Vail under Ordinance No.6, 1986 it was zoned Two-Family Primary/ Secondary Residential (PS) District with a minimum rear setback of 15 feet. The original structure encroached into the rear (south side) setback approximately 5 feet. In 1999 the Town pursued the construction of a two-family dwelling (two employee housing units). The application was withdrawn in 2000 (B00-0048). Several studies were conducted during 1999 including: Site development analysis, The Stevens Group, Inc. January 27, 1999 Offsite Drainage Study, Peak Land Consultants, Inc. May 17, 1999 Site development analysis and architecture, American Design Group, June 14, 1999 Preliminary geologic hazards analysis, Collins & Lampiris April 2, 1999 Wetland Delineation Report, Montane Environmental Solutions, Ltd. November 5, 1999 The analysis from 1999 provided useful background and research for the current proposal. However, most of the research and analysis, being a decade old, has been revisited and re-evaluated by the design team selected by the Town, with regard to the current conditions and proposed structure. 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, REAR: The setback line extending the full width of the site parallel to and measured from the rear lot or site line. Section 12-6D Two-Family Primary/Secondary Residential (PS) District 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'). Section 12-17 Variances 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. IV. SITE ANALYSIS Address: 2657 Arosa Drive Legal Description: Lot 8, Block C, Vail Ridge Zoning: Two-Family Primary/Secondary Residential District Land Use Plan Designation: Medium Density Residential Current Land Use: Vacant lot Lot Size: 0.417 ac / 18,164.52 square feet Environmental Hazards: Moderate Debris Flow Development Standard Required Existing Proposed Min. Lot Area: 15,000 sq. ft. 18,164.52 sq. ft. No change Min. Setbacks: Front: 20’ (north) vacant 31’ Sides: 15’ (east) vacant 39’ 15’ (west) vacant 144’ Rear: 15’ (south) vacant 10’ Max. Building Height: 33’ slope vacant 26’ Max. GRFA: Primary EHU 4,146 sq. ft. vacant 1,117.50 sq. ft. Secondary EHU 2,764 sq. ft. vacant 1,117.50 sq. ft. Total 6,911 sq. ft. vacant 3,235 sq. ft. Max. Site Coverage: 3,632.9 sq. ft. (20%) vacant 2,420.5 sq. ft. (13%) Min. Landscape Area: 10,898.7 sq. ft. (60%) vacant 13,013.5 sq. ft. (71%) Min. Parking: 4 spaces vacant 4 spaces V. SURROUNDING LAND USES AND ZONING Current Land Use Zoning Land Use Designation North: Residential Two-Family Primary/Secondary Low Density Residential South: USDA White River Not Designated Hillside Residential National Forest East: Arosa Drive & Not Designated Not Designated Highway 70 West: Residential Two-Family Primary/Secondary Low Density Residential VI. CRITERIA AND FINDINGS 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. The requested variance, to vary the rear, south side setback from the required 15 feet to 10 feet will not adversely affect uses and structures in the vicinity for the following reasons. South and East: The adjacent property to the south is owned by the USDA White River National Forest, used as open space and separated from the proposed structure by a large steep hillside. Beyond the steep hillside, to the south and east is Highway 70. West: The existing residence to the west (2637 Arosa Drive) is situated at an angle that places the home closer to its western property line than to its east, away from the proposed two-family dwelling (See Attachment A – Vicinity Map). There are several mature trees that exist between the properties that screen the view. The proposed structure is 144 feet from the west property line, 129 feet over the required setback of 15 feet. North: The requested variance shifts the structure further from the existing residences to the north, located across Arosa Drive. The proposed structure is 31 feet from the north, front property line, 11 feet over the required setback of 20 feet. 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. The lot configuration, geotechnical recommendations, drainage easement, developable area and grading are all physical hardships on this lot which greatly restrict the ability to construct without a variance. The approval of the requested setback variance would not be a grant of special privilege for the following reasons. Existing Site Conditions and Configuration: Arosa Drive encroaches onto the property from 4’ to 7’ on the Northeast end of the property. The encroachment limits the developable area of the site and managing the snow storage from Arosa Drive that falls onto the site as part of the normal snowplow practice each winter also limits the sites development potential. The site is further limited by the large steep hillside to the south and narrow shape of the lot. Geotechnical Recommendations: The Geotechnical report recommends that the residence be located as far above and away from the existing drainage as possible. The rear setback on the south side of the property is the location that is highest above and furthest away from the existing drainage flow line. Drainage Easement: The existing flowline of the ditch is outside of the drainage easement. The drainage easement will need to be relocated so that a15’ wide drainage easement is centered on the drainage. Based on the Geotechnical report and soils report, the project is proposing to channel some of the existing open air drainage into a 30” culvert. Due to the inlet and outlet points that are a given this moves the proposed drainage easement further into the site. The Drainage Easement effectively creates an almost 35’ deep front setback. Developable Area: The developable area is approximately 4850 sq ft or 26% of the overall site – see pink area on attached Site Plan. The proposed residence is pinched on the west, north, and east side of the property due to the drainage easement. The proposed residence has been positioned within the widest points of the remaining developable area. Arosa Drive – Snow Storage/Grading: Because the project is already proposing to culvert part of the open area ditch, the proposed driveway can be placed in the drainage easement over the culvert. The proposed location of the driveway has been positioned to allow for the snow and nuisance drainage from Arosa Drive to flow naturally down the existing hillside into a surface drainage channel with minimal change to the existing drainage. Peak Land consultants has studied the impacts of pulling the driveway towards Arosa Drive to remove the structure out of the setback. Moving the driveway towards Arosa Drive results in a significant reduction of snow storage and the addition of a concrete pan to contain the surface drainage. These could create potential problems for both the TOV snow plow practice, maintenance of the proposed driveway for the property owners, and a concrete drainage pan that is not matching the character and tone of the neighborhood. 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 variance will have a negative effect on the factors listed above. The variance is, in part, requested due to the configuration of Arosa Drive, which encroaches up to 7 feet onto the subject property, encompassing 630 square feet of site area. Therefore, the proposed variance allows for the current public street to maintain its current configuration and transportation functions. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Another factor in consideration of the requested variance is that the Planning and Environmental Commission has approved similar setback variances in the neighborhood. The following structures in the neighborhood have been granted setback variances: Location Description  2696 Davos Trail 1999 - Granted front setback variance from 20 feet to 1 foot to allow 864 sf of GRFA for a basement addition.  2701 Davos Trail 1998 - Granted front setback variance from 20 feet to 3 feet to allow an elevator addition.  2757 Davos Trail 1994 - Granted rear setback variance from 15 feet to 7.5 feet and side setback variance from 15 feet to 11 feet to allow 817 sf for a second story addition over the existing garage.  2576 Davos Trail 1990 – Granted rear setback variance from 15 feet to 11.5 feet to allow for a bedroom addition. 1997 - Granted side setback variance from 15 feet to 11 feet to allow 462 sf for a garage addition.   VII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new two-family dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VI 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 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new two-family dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details in regard thereto, subject to the following conditions: This approval shall be contingent upon the applicant obtaining Town of Vail approval of a design review application. The applicant shall submit, as part of the design review application, a landscape plan. The applicant shall record a plat of the property, including an approved drainage easement, prior to the issuance of a Temporary Certificate of Occupancy, or Certificate of Occupancy. The applicant shall install a monitored fire alarm system, approved by the Fire Department, prior to the issuance of a Temporary Certificate of Occupancy, or Certificate of Occupancy. Moderate Debris Flow study, mitigation report . . Waiting for further conditions from Public Works (revisions routed 7/1/09). 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 inconsistent with the limitations on other properties classified in the Two-Family District, based upon the review outlined in Section VI of the Staff’s July 13, 2009 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 VI of the Staff’s July 13, 2009, 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 VI of the Staff’s July 13, 2009, 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 VI of the Staff’s July 13, 2009, 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 VI of the Staff’s July 13, 2009, memorandum to the Planning and Environmental Commission.” IX. ATTAC HMENTS Vicinity Map Letter from Engineer Public Notice Plans Attachment A: Vicinity Map  Attachment B: Letter from Engineer  Attachment C: Public Notice THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on July 13, 2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance from 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new two-family dwelling, located at 2657 Arosa Drive/Lot 8, Block C, Vail Ridge, and setting forth details in regard thereto. (PEC090021) Applicant: Nina Timm, Town of Vail Planner: Nicole Peterson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published June 26, 2009, in the Vail Daily.