HomeMy WebLinkAboutPost variance report_091409 MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 24, 2009
SUBJECT: A request for a final review of a variance from 12-6G-6,
Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace,
and setting forth details in regard thereto. (PEC090023)
Applicant: Cheryl Post, represented by Rodney Molitor, Preferred Home Repair
Planner: Nicole Peterson
___________________________________
_________________________________________
I. SUMMARY
The Applicant, Cheryl Post, represented by Rodney Molitor, Preferred Home Repair, is requesting a variance from 12-6G-6, Setbacks,
Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4254 East Columbine Way, Unit 10. This variance request was originally
noticed to include a landscape variance however, it was found to be un-necessary.
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. DESCRIPTIO
N OF REQUEST
The Applicant is requesting to vary the east side setback from the required 20 feet to 1 foot to allow for a 39 square foot addition on the east side. The addition will
allow for the expansion of living area. The addition does not encroach further into the side setback than the existing non-conforming structure, which is built within 1 foot of the
east property line.
III. BACKGROUND
The Bighorn Terrace development was constructed in 1967, and was part of the Original Town of Vail established under Court Order 8-26-1966, prior
to the adoption of the Vail Town Code in 1973. Most of the existing homes within Bighorn Terrace are encroaching into the side setbacks, making new construction, renovation, or structural
changes impossible without the granting of a variance from the side setback regulations set forth in the Medium Density Multiple Family (MDMF) District. Most of the units are also non-conforming
to landscaping due to the small lot sizes. Other variances of this nature have been granted to units within the Bighorn Terrace neighborhood and are further described below in Section
VII, Criteria and Findings, of this memorandum.
IV. APPLICABLE PLANNING DOCUMENTS
VAIL TOWN CODE
Section 12-2 Definitions (in part)
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 12-6G: Medium Density Multiple Family (MDMF) District (in part)
12-6G-1: PURPOSE:
The medium density multiple-family
district is intended to provide sites for multiple-family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately
be located in the same zone district. The medium density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple-family
occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted
as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district.
12-6G-6: SETBACKS:
In the MDMF district, 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').
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.
V. SITE
ANALYSIS
Address: 4254 Columbine Way
Legal Description: Lot 10, Bighorn Terrace
Zoning: Medium Density Multiple Family
Land Use Plan Designation: Medium Density Residential
Current
Land Use: Two-Family Dwelling
Lot Area 1,437 sq. ft. (.033 acres)
Development Standard Required/Allowed Existing Proposed
Min. Lot Area: 10,000 sq. ft. 1,437 sq. ft. No change
Min.
Setbacks:
Front: 20’ 24’ No change
Sides: 20’ (east) 1’ 1’
20’ (west) 0’ No change
Rear: 20’ 3’ No change
Max. Building Height: 38’ 20.25’ No change
Max.
GRFA: 804 sq. ft. 1,070 sq. ft.* 39 sq. ft.*
Max. Site Coverage: 45% 40.3% 42%
Min. Landscape Area: 30% 9.3% No change
(Existing deck
under
addition)
Min. Parking: 2 spaces 2 spaces** No change
* The existing structure already exceeds the maximum GRFA. However, the addition is permitted as a 250 addition under
Section 12-15, Gross Residential Floor Area, Vail Town Code.
** Common parking areas exist across the street from the subject property, that provide 12 spaces to the neighborhood. However,
no private parking spaces exist on the subject property.
VI. SURROUNDING LAND USES AND ZONING
Land Use Zoning
North: Bighorn Road Town Right-of-Way
South: Medium Density Residential Medium Density Multiple Family (MDMF)
East: Medium
Density Residential Medium Density Multiple Family (MDMF)
West: Medium Density Residential Medium Density Multiple Family (MDMF)
VII. CRITERIA AND FINDINGS
1. The relationship of
the requested variance to other existing or potential uses and structures in the vicinity.
The Applicant is requesting to vary the east side setback from the required 20 feet to 1 foot
to allow a 39 square foot addition, in an area currently occupied by a deck. The existing non-conforming structure is built within 1 foot of the east property line.
The existing residence
to the east is also built close to the shared property line (approximately 2 feet from the property line). Staff does not believe the neighbors will be negatively impacted by the proposed
addition as there is an existing deck in the location of 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.
Staff
does not believe approval of the requested setback variance would be a grant of special privilege. Other units with-in the development have been granted variances to the side setbacks.
The reason for the non-conformities is that structures in the Bighorn Terrace development were part of the original Town of Vail established under Court Order 8-26-1966, prior to the
adoption of the Vail Town Code in 1973. 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.
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 setback variance, allowing a small 39 sq. ft. addition will have a negative effect on the factors
listed above. However, there are two issues that involve the utilities and Town right-of-way, described below.
It shall be noted that there are existing over-head power lines on the
property that will not be moved or altered in any way, with the proposed addition. The utility lines have been reviewed and approved by Holy Cross Energy. Furthermore, the over-head
power lines are exempt from the Town of Vail underground utility requirement (Section 14-10-10C) under Section 12-11-3C, Design Approval, Vail Town Code,
which allows a one time exemption for an addition of up to 500 square feet, from Title 14, Design Standards.
It shall be noted that portions of the existing fence and deck, in the
rear yard (north side) of the property, are within Town right-of-way (Bighorn Road). The Town of Vail Public Works Department has determined that the proposed addition does not directly
effect the encroachments, therefore the variance application may move forward. Furthermore, there are other encroachments into the right-of-way in the neighborhood. Public Works will
pursue compliance of the neighborhood, separate from this request.
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 Bighorn Terrace development. The following map
illustrates the locations of the previous variance approvals in the neighborhood. The table on the next page describes each variance.
Address
Legal_Des
Var_Type
Meet_Date
Var_Desc
Outcome
4214 Columbine Way
Bighorn Terrace, Unit 5
Landscaping
09/03/1998
From the allowed landscpaping coverage of 30% (412
sqft) reduced to 29% (405 sqft) which is 7 sqft under the allowed minimun Landscpaing coverage for the site.
Approved
Setback Front
09/03/1998
From the required front setback
of 20ft to 17.5ft to allow for the construction of a new addition.
Approved
Setback Side East
09/03/1998
From the required front setback of 20ft to 4.5ft to allow for the construction
of a new addition.
Approved
4242 Columbine Way
Bighorn Terrace, Unit 7-8
setback
22/11/2004
Dormer addition to north side of townhome with standing seam copper roof. All other
materials match existing.
Approved
4247 Columbine Drive
Bighorn Terrace, Unit 19-20
setback side
11/11/2005
Reduce setback by 7' and 20' to allow for an entryway enclosure at
south side of residence
Approved
setback side
11/11/2005
Establish 210 sqft of garage area within front setback, 2 curb cuts
Approved
4237 Columbine Drive
Bighorn Terrace,
Unit 22
Setback Front
08/08/1994
From the required front setback of 20 ft to 13.25 ft to allow for the expansion of an existing duplex.
Approved
Setback Side West
08/08/1994
From
the required side setback of 20 ft to 13.25 ft to allow for the expansion of an existing duplex.
Approved
Setback Rear
08/08/1994
From the required rear setback of 20 ft to
12 ft to allow for the expansion of an existing duplex.
Approved
4277 Columbine Dr.
Bighorn Terrace, Unit B
density control, setback
10/06/1985
Approved-setback, denied-GRFA
Approved
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, of the requested variance from 12-6G-6, Setbacks, Vail Town Code, pursuant to Chapter
12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace, and setting forth details in regard thereto.
Staff’s recommendation is based upon the review of the criteria in Section VII of this memorandum.
Should the Planning and Environmental Commission choose to approve the variance
request, the Community Development Department recommends, the Commission pass the following motion:
“The Planning and Environmental Commission approves a a variance from 12-6G-6,
Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4254 East Columbine Way, Unit 10/Lot 10, Bighorn Terrace”
Should
the Planning and Environmental Commission choose to approve the variance request, Staff recommends the following condition:
“1. The variance approval is contingent on the Applicant
obtaining Town of Vail approval of a design review application for the proposed addition.”
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 variance does 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 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
Attachment B: Letter from Applicant
Attachment C: Plans
Attachment D: Notice