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HomeMy WebLinkAboutPEC130030 Action Form, Application and Approved PlansProjectName:VARIANCEREQUEST PECNumber: PEC130030 ProjectDescription: REQUESTOFAFRONTSETBACKVARIANCEOFAPPROXIMATELY18.66' ANDASIDESETBACK VARIANCEOFAPPROXIMATELY6" TOENLARGEANEXISTINGSINGLECARGARAGEWITH MASTERSUITEABOVETOTWOCARGARAGEWITHDENANDMASTERSUITEABOVE. CURRENTONECARGARAGEIS Participants: OWNER JOHNSON, KENTW. & MARYS. 10/14/2013 5228EOTEROCIR LITTLETON, CO 80122 APPLICANT PEEL/LANGENWALTERARCHITECTS10/14/2013 Phone: 970-476-4506 P.O. BOX1202 VAIL CO 81658 License: C000001401 ARCHITECT PEEL/LANGENWALTERARCHITECTS10/14/2013 Phone: 970-476-4506 P.O. BOX1202 VAIL CO 81658 License: C000001401 ProjectAddress:4238NUGGETLNVAIL Location: LegalDescription:Lot: 5Block: Subdivision: BIGHORNESTATES ParcelNumber:2101-123-0700-5 Comments:Pleaseseebelow. BOARD/STAFFACTION MotionBy:Rediker Action: APPROVED SecondBy:Cartin Vote:5-0 DateofApproval: 11/11/2013 Conditions: Cond: 8 PLAN): NochangestotheseplansmaybemadewithoutthewrittenconsentofTownof Vailstaffand/ortheappropriatereviewcommittee(s). Cond: 300 PLAN): PECapprovalshallnotbenotbecomevalidfor20daysfollowingthedateof approval. Cond: CON0013489 1.ApprovalofthisvarianceiscontingentupontheapplicantsobtainingTownof Vaildesignreviewapprovalforthisproposal. 2.Theplanssubmittedwiththebuildingpermitshallbeamendedtoillustratethe surfaceparkingspacecomplyingwithTownofVaildimensionalstandardsassetforth inSection14-3-1: MinimumStandards, VailTownCode. Planner:JonathanSpence PECFeePaid: $500.00 Department of Community Development 75 South Frontage Road TOWN OF VAIC OCT ( Vail, CO 81657 Tel : 970 -479 -2128 www.vailgov.com TOWN OF VAIL t Development Review Coordinator VarianceRequest Application for Review by the Planning and Environmental Commission General Information: Variances may be granted in order to prevent orto lessensuch practicaldifficulties and unnecessary physical hardships as would result from the strict interpretation and /or enforcement of the zoning regulations inconsistent with the development objectives of the Town of Vail. A practical difficulty or unnecessary physical hardship may result fromthe size, shape, or dimensions of a site or the locationof existing structures thereon, from topographic or physical conditions on the site or in theimmediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicantof strict or literal compliance with a regulation shall not be a reason for granting a variance. TheVail TownCode can be found on the Town's website at www.vailgov.com. The proposedproject may alsorequire other permits or applications and /or review by theDesign Review Board and /or Town Council. Fee: $500 Description of the Request: Request of a front setback variance of approximately 18.66' and a side setback variance of approximately 6" to enlarge an existing singlecar garage with master suite above to two car garage with den and master suite above. The existing one care car garage is currently constructed within the front setback with the northwestcorner approximately 45 from the property line. Physical Address: 4238 Nugget Lane Parcel Number: 2101- 123 -07 -005 Property Owner: Kent w. & Mary S. Johnson Mailing Address: 5228East Otero Circle, Littleton, CO 80122 Owner's Signature: — Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Phone: 303 - 808 -6511 Primary Contact/ Owner Representative: Kathy Langenwalter - Peel / Langenwalter Architects, LLC Mailing Address: P.O. sox 1202, Vail, CO 81658 E -Mail: plarch@vail.net Phone: 970- 476 -4506 Fax: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Exp. Date: Auth # Check # / Fee Paid: 5 t) J ReceivedFrom: IC c J >hrio Meeting Date: 11 -U , I3 PEC No.: Planner: Project No: Zoning: Land Use: Location of the Proposal: Lot:_ Block: Subdivision: k 5 Property Information Property Address 4238Nugget Lane Development Standards Parcel # 2101- 123 -07 -005 Existing Legal Description Lot 5, Bighorn Estates Primary sq ft Development Site Area sq ft 14,026 Secondary sqft acres 10.322 buildable sq ft 14,026 Zone District / SDD # Two FamilyResidential Hazard Zones Sections 12 -21 & 14 -7 SnowAvalanche High Severity "; Moderate Severity N/A Debris Flow 250 Addition Interior Conversion High Flow Moderate Flow F_ High Avalanche N/A Rock fall High Severity MediumSeverity [_N/A Excessive Slopes 30% F7 N/A Floodplain 100 year floodplain Floodway j Wetlands F 4/A Creeks, Streams Section 12 -14 -17 HGore Creek i on site Other tributary: adjacent to site N/A on site adjacent tosite N/A Project Information Project Description House renovation and expansion of garage and master suite. Development Standards Allowed Existing Proposed Gross Residential Floor Area maximum) Chapter 12 -15 Primary sq ft Secondary sqft EHUsq ft TOTAL sq ft 6130 1543 2055 250 Addition Interior Conversion Credits: Setbacks (minimum) Section 14 -10 -4 Front ft 20 4.0 19.0 Side ft 15 24.5 14.5 Side ft 15 25.2 25.2 Rearft 15 94 90 Watercourse ft Site Coverage (maximum) see definition Section 12 -2 -2 2805 1209 1843 Building Height (maximum) see definition Section 12 -2 -2 Sloping ft Flat ft 33 25 26.5 Landscaping See definitionSection 14 -2 -1 Section 14 -10 -8 Softscape sq ft 8416 12,647 11,856 Hardscape sq ft 5610 1379 2170 TOTAL sqft 14,026 14,026 14,026 Driveway Sections 14 -3 -1 & 14 -3 -2 MaxCurb -cuts 2 1 1 Max Grade @ centerline 10% 5.6% 5.6% Min Width 12' 28' 34.5' Heated drive? Yes =; No Yes No Snow Storage % 30% 0% 30% Parking Sections 12 -10 & 14 -5 EnclosedSpaces Unenclosed TOTAL 1 1 3 Outdoor Lighting (maximum) Section 14 -10 -7 fixtures1 1 4 4 4 PROPOSED MATERIALS Building Materials Type of Material Roof Composition Shinges I Siding Vertical WoodSiding Other Wall Materials Stucco Fascia R.S. Cedar Soffits T &G Fir Windows Metal Cladding Window Trim R.S. Cedar Doors Wood Door Trim R.S. Cedar Hand or Deck Rails N/A Flues N/A Flashing Metal Chimneys Stucco Trash Enclosures N/A Greenhouses N/A Retaining Walls Timber Exterior Lighting N/A Other Color To Match Existing To Be Determined ToBe Determined To Be Determined To Be Determined To Match Existing To Be Determined To Be Determined To Be Determined To Match Adjacent Material To Be Determined Natural PROPOSED LANDSCAPING Botanical Name Common Name Quantity Size PROPOSED TREES Dueto the Heavy AND SHRUBS Aspen Growth No Additional Trees Are Proposed EXISTING TREES Populus Tremuloides Aspen 2 8" Caliper TO BE REMOVED Populus Tremuloides Aspen 1 18" Caliper Minimum Requirements for Landscaping: Deciduous Trees — 2" Caliper GROUNDCOVER SOD SEED IRRIGATION TYPE OF EROSION CONTROL Coniferous Trees — 6' in height Shrubs — 5 Gal. Type Square Footage No Additional LandscapingProposed Please specify otherlandscape features (i.e. retaining walls, fences, swimming pools, etc.) Timber retaining at back and side of outdoor parking space wall to match existing timber wall. peel /langenwalter architects. I.I.c. david m. peel, a.i.a. kathy langenwalter p.o. box 1202 vail, co 81658 9704764506 PlarchCcDvail.net October 11, 2013 Planningand EnvironmentalCommission Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: Front and Side Setback Variance Application JohnsonResidence 4238 Nugget Lane Lot 5, Bighorn Estates, Town of Vail, CO Dear Planning and EnvironmentalCommissionMembers; Kent andMary Johnson, ownersof Lot 5, BighornEstates, are requesting reinstatementof the front and side setback variancethatwas granted tothis property on September 14,1992. Relief from the setback regulations was granted to allow the expansion of the single car garage and master suite above. Thepreviousowners whorequested the variance relocated and therefore did not build the approvedproject. Thusthevariance expired. The Johnsons are nowmoving to Vail as full time residents and need to update their early Vail three bedroom ski cottage to a primary residence. Thehouse was built in 1972 as part of unincorporated EagleCounty prior to zoningregulations and designated setbacks. The property is in an aspen forest and the house was located closeto the roadway to avoidlarge boulders that are buriedand strewn throughout the site. In November of 1974 the Town of Vail annexed the property withthe existing structure that doesnot conform tocurrentsetback requirements. The residence is located on the uphill side of theNugget Lane cul- de-sac and encroaches 16' into the 20' front setback. The single car garage and the master bedroom on the second level above are within 4' of the front property line. However, thestructure is sited 19.5' from the edge of the Nugget Lane asphalt paving. Currently only one parking space, the onewithin the garage, is available on the property so it is necessaryto park in the town right -of -way. Also, the master bedroom has a cantileveredbalcony that slightly overhangs the property line which will be removed with this proposal. In order to providetwo enclosed parking spaces, the Johnsons wish toenlarge the garage and the master bedroom above. This expansion will require a front andside setbackvariance dueto the locationof the existing garage. A required thirdparking space will be located to the side of the double car garage. Front andSide Setback VarianceApplication October 11, 2013 Johnson Residence Page 2 of 4 Another proposed improvement is the addition of a forty -twosquare foot entry. The entry door now opens onto a threefoot deep stair landing mid -level between the lower and upper floors. A corner of this entry will encroach into the front setback; again because of the location of the existing house. Additional living space is being addedto the rear ofthe building by cantilevering theupper level three feet beyond the existing foundation to avoid damaging the existingvegetation. In orderto workaround the boulder buried behind the housethe music room is being added by hand digging two piers and cantilevering the floor. The 14,026 square foot lot allows 6130 square feet of Gross Residential FloorArea. Theexisting house GRFA is 1543 square feet and the proposed project GRFA will be 2055square feetor 33.5% of the total allowable GRFA for this site. Currently 189 square feet ofgarage and 189 square feet of second storyGRFA are located within the frontsetback. Theproposed addition toconstruct the new entry and double garage with bedroom above will add 181.9 square feetofgarage area and 185.2 square feet of living area within the front and side setbacks. The idea of adding a second single car garage set back slightlyfromthe front of the existing garage was explored. However, for that approach to be feasible an additional 4' of encroachment into theside setback would be necessary. Furthermore, the additional exterior parkingspace would be nearly on thewest property lineand an additional 18" aspen would be lost. The expansion of the garage to 24' wide using a single door extends 6" into the side setback keeping the setbackencroachments at a minimum. Although it was suggested in 1992 that the garage width be reduced, that is not practicable since both side wallsare concrete block retainingwalls making theinterior width of the space approximately 22' which is minimal today. Thepropertyalso has large buried boulders whichwould need to be removed if additionalconstruction were to take placebehind the house. It would be impossible to remove these boulders without driving heavy construction equipment behind the building. This type of intrusion would seriouslydamagethe mature aspen forest on theproperty. Another hardship is thesteepslope of the site which further impedesconstruction elsewhere on theproperty. Becauseof these hardships andto protect the existing large aspen behindthe house, keeping themaster bedroomaddition over thegarage expansion willbe compatible with the objectivesof the Town of Vail as stated in Section 14 -10 -3: Site Planning of the Design Guidelines: A. The locationand configuration of structures and accessways shall be responsive to the existing topographyof the site upon which they are to be located. B. Building siting and accessthereto shall be responsive to existing features of terrainrock outcroppings, drainage patterns, and vegetation. Furthermore, this project will remove the balcony which overhangs theproperty line thus reducing an existing encroachment. The removalofparking from the right -of -way will allowbetter snow removal and enhance the neighborhood. Front andSide Setback VarianceApplication October 11, 2013 Johnson Residence Page 3 of 4 This property has severalphysical hardships which warrant thegranting of the requested front and side setback variances as stated in the Town of Vail ZoningRegulation Section12 -17 -1: PURPOSE: A. Reasons For Seekinq Variance: In order toprevent 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, streetlocations or conditions in theimmediate vicinity. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Atthe time theresidence was constructed, the currentsetbackrequirements were not in place and the building was sited based on theexistingnaturalsite conditions. Thisplacement is uniquetothis property. Also it is the bulb ofthe Nugget Lanecul -de -sac thatdictatesthe 20' front setback. Since the Nugget Lanepaving is now 19.5' from the garage wall and willremain at least 18' from the comer of the garage addition, the house appears to be in conformance with the town's regulations and the neighbors. 2. Thedegree to whichrelief fromthe 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 thistitle without grant of special privilege. The applicant is requesting relief to proceed with fulfilling the townparking requirements and constructing a modest addition within the Town of Vail Design Guidelines that is responsive to the existing featuresofthe site. The locationsofthe existing garage, theentrance and the boulders are exceptional circumstances and theapplicant should enjoythe same rights of other property owners to provide enclose parking and an adequate entry for theresidence. The requested reliefwould help the property achievecompatibility and uniformity with other residences on Nugget Lane and in the vicinity. 3. The effect of the requested variance on light and air, distribution of population, transportation and trafficfacilities, public facilities and utilities, and public safety. Therequested variance will have no effect on light and air, distribution of population. Removing automobiles from the Nugget Lane cul -de -sac will enhance transportation and traffic facilities, public facilities and public safety. Utilities will be unaffected or relocated asrequired. Theremoval of the existing balcony thatextends beyond theproperty line will be a benefit totheneighborhood. Granting of this front and side setbackvariance can be made based on the followingfindings: 1. As determined in 1992 by the Planning and Environmental Commission members, due to the existing natural conditions unique to this property as well as the siting of the structure, granting of the requested variance will not constitute a grant of special privilege inconsistent with limitations on other properties classified in the same zone district. Front and Side SetbackVarianceApplication October 11, 2013 Johnson Residence Page 4 of 4 2. Nor will the granting of this variance be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. Because the building was sited amongst large buried boulders and constructed close to the public right -of -way priorto zoning regulations and setback requirements, the strictor literal interpretation and enforcement of the specified regulation would prohibit even modest expansion of the building thus resulting in practical difficulty inconsistent with the objectives of thistitle. b. The siting of theresidence in relation to the Nugget Lane cul-de -sac, the large buriedboulders and the aspen forest are exceptional and extraordinary circumstances and conditionsthat do not apply generally to other properties in the samezone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of the privilege of having a two car garage, a small entry and comfortable master suite; privileges enjoyed by the owners of other properties in the samezone district. Thank you for your consideration of this request. Yours truly, Kathy Lang wafter Peel /LangenwalterArchitects, L.L.C. Attachments: 1992 Variance Application Submitted byPeel /Langenwalter Architects August 24, 1992 Staff Memorandum to the Planningand Environmental Commission August 24, 1992 Planning and Environmental Commission Meeting Minutes September 14, 1992 StaffMemorandum to the Planning and EnvironmentalCommission September 14, 1992 Planningand Environmental Commission Meeting Minutes 1992 Variance Submittal Photos Dated 4 -23 -91 1992 Variance SubmittalExistingSite Plan 1992 Variance Submittal Proposed SitePlan 1992 Variance Submittal Drawings Dated 8 -3 -92 and 8 -17 -92 4238 NUGGET LANE VARIANCE APPLICATION August 24, 1992 Worksession Lot 5, Bighorn Estates September 14, 1992 PEC Meeting Vail, Colorado Thisproposal requestsvariance relief from Two - Family Residential District (R) Section 18.12.060 Setbacks. In the R district, the minimum front setback shall be twenty feet, the minimum side setback shall be fifteen feet... The existing residence is located on the Nugget Lane cul -de -sac and encroaches into the front setback. The single car garage and the master bedroom on the second level above are within four feetof the front property line. Currently only one parking space, that within the garage, is available on the property. The property is now using parking spaces which are in the right -of -way. Also, a balcony off the master bedroom slightly overhangs the property line. In order to provide two enclosed parking spaces, the applicant wishes to enlarge the garage and the master bedroom above. This expansion will require a front and side setback variance due to the location of the existing garage. A third parking space will be located to the side of the double garage. The entry door now opens on to a three foot deep stair landing. The applicant would like to add a forty -two square foot entry. A corner of this entry will encroach into the front setback because of the location of the existing house. Additional living space is being added to the rear of the building by canti- levering the upper level three feet beyond the existing foundation to avoid damaging the existing vegetation. The music room is being addedby hand digging two piers and cantilevering the floor to work around the boulder buried behind the house. The Gross Residential Floor Area of the project will be 2560 square feet of the 3932 square feet allowed. The property has several physical hardships which warrantthe granting of the front and side setback variances. The location of the existing garage and entranceare exceptional circumstances and the applicant should enjoy the same rights of other property owners to provide enclosed parking and an adequate entry for the residence. The propertyalso has large buried boulders which would need to be removed if additional construction were to take place behind the house. It would be impossible to remove these boulders without driving heavy construction equipment behind the building. This type of intrusion would seriously damage the mature aspen forest on the property. Another hardship is the steep slope of the site which further impedes contruction elsewhere on the property. Because of these hardships and to protect the existing fourteen inch caliper aspen behind the garage, keeping the master bedroom addition over the garage expansion will be compatable with the objectives of the Town of Vail as stated in the Site PlanningsectionoftheDesignGuidelines. Furthermore, this project will remove the balcony which overhangs the property line thusreducing an existing encroachment. The removal of parking from the right -of -way will allow better_ snow removal and enhance the neighborhood._ Therefore, because of the exceptional circumstances applicable to the site, relief from the strict and literal interpretation of Section 18.12.060 will not bea grant of special privilege and will allow the applicantto proceed with the project. The variance will have no affect on light air and the distribution of population. Removing automobiles from Nugget Lane will enhance transportation, traffic facilities and the publicsafety. Utilitieswill be unaffected or relocated as required. MEMORANDUM TO: Planning and EnvironmentalCommission FROM: Community Development Department 1 DATE: August 24, 1992 SUBJECT: A request for awork session for setback variances to allow for a new garage and an additiontoan existing residencelocatedat Lot 5. Bighorn Estates/4238 Nugget Lane. Applicant: W. C. and Carol Small Planner. Shelly Mello I. DESCRIPTION OF THEREQUEST The applicant is requesting a work sessionto review a request for side and front yard setback variances toallow for an additional garage spaceand additional GRFA. The request is for a 19 -foot encroachment into the 20 -footfront yard setback, as wellas a six -inch encroachment intothe 15 -foot side yard setbackrequirement. A one -car garage exists. A total of 348sq. ft of garage (1st floor), as well as 377 sq. ft. of GRFA (2nd floor) are proposed to be locatedwithin the setback. The Interior garage dimension is 22 feet 8 inches by 22 feet 3 inches, witha storagearea to the rear of the garageof 17 feet, by 11 feet. 6 Inches. A portionofthe existinggarage and GRFA are alreadylocated in the setback. Anadditionalsurfaceparkingarea is alsobeingaddedtothewestoftheaddition. A portionofthe proposedairlock/entry will also encroach into the setback. Please see the attacheddrawings. Ii. VARIANCE CRITERIA ANDFINDINGS In reviewing a variance, the PECshould base theapproval or denial of the request on the followingfactors: A. Consideration ofFactors: 1.. The relationship of therequestedvariance to other existing or potential usesand structures in the vicinity. Thestaff is concerned with the proposedmass of the garage as itrelates to the property line and the proximity of the roadway. The existing garage is approximately 5 feet from the property line and20 feet from the existing edge of pavement. The proposedtwo -story structure would be one foot from the property line and 18 feet from theedge of pavement. There is currently a proposalby the Town to expand the bulb of the cul-de -sac in this area which would decrease the distancefromtheroad to the proposed addition. Mature vegetation (1-4 aspens) couldpossibly be lost as a resultofthis addition and the proposed surfaceparking to the west of the garage. 2. The degree to which relief from the strict and literalinterpretation and enforcement of a specifiedregulation 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 staff recognizes that the siting of theexisting building does constitute a physical hardship. Becauseof the existinglocationofthe house, in the front of the lot, the applicant would need a setback variance for any garage that is located on the front (north) side of theproperty. We request that the applicant consider adjustingthelocation and size of the proposedgarage andGRFA to minimize the encroachment necessary Into the front and side yard setbacks on the second level. 3. The effectof therequested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Thestaff finds that the requested variance willhave a positive effect upon public safety, transportation and trafficfacilities by providingadditionalenclosed parking that is out ofthe public right -of -way. The proposalwill have no significanteffect upon any ofthe other aboveissues. B. The PlanningandEnvironmental Commission shall make the following findings before granting a variance: 1. That the granting of the variance willnotconstitute a grantof special privilege inconsistent with thelimitations on other propertiesclassified in the samedistrict. 2. That the granting of the variancewill not be detrimental to the public health, safety or welfare, ormaterially injurious to properties or Improvements in the vicinity. 3. That the variance Is warranted for one or more of thefollowing reasons: a. Thestrict literalinterpretation orenforcement of thespecified regulation would result in practical difficultyorunnecessary physical hardship inconsistent with the objectives of thistitle. b. Thereareexceptions or extraordinary circumstances or conditions applicable to the same site ofthe variance that do not apply generally to otherproperties in the same zone. 2- C. The strict interpretation or enforcement of the specified regulation woulddeprive the applicant of privileges enjoyedby the owners ofother properties in the same district. 111. STAFF CONCERNS The staff feels that the additionalenclosed parking will improve the general appearance of the neighborhood. With the garageand side parkingarea addition, therewill be a maximum of 3 parkingspacesprovided on -site. Currently, there is onlyoneon -site space. The additional parking is necessary in order tomeet the existingparkingrequirementforthesiteandallowthebuildingexpansion. Staff finds that the entry additionhasbeenlocated so that the encroachment to thefrontsetbackhasbeenminimized. However, the staff is specifically concemedwiththelossofmaturevegetationandthedegreeofencroachmentofthegarage /GRFA addition. These couldbeminimized by t) decreasing the widthof the garage by approximately 2 feet; 2) pulling the secondstory addition backapproximately 4 to 5feetawayfromtheroadtocreatesomereliefonthefacade; and 3) providinglandscapingonthewestsideofthesurfaceparkingspace. Thestaffwould consider a sidesetbackvariance to allow for the second floor cantilever into the sideyardsetback tocompensate for the loss of GRFA as a result of pulling the second story back awayfromtheroad. Therewould be no lossofvegetationas this would cantilever over the proposed at -grade parking. 3- 1 4 ., e vex4 A1.06cFr LAN ' 50 r CZ IIIA /I C3 w N rn! ao w • Patio f,-- Addition L0T s I o I N I • a mf II I f IZ' uru /TY EASEME yr N.4- z4'36 "W. 96,/9• W N t M r 20' Jx /8 6/ 2 66 PLANNING AND ENVIRONMENTALCOMMISSION August 24, 1992 Present Staff Greg Amsden KristanPritz Jeff Bowen Mike Mollica ChuckCrist Andy Knudtsen DianaDonovan Tim Devlin Kathy Langenwalter Shelly Mello Dalton Williams Larry Eskwith Gena Whitten 1. Starting at approximately 2:00p.m. a work session was held to discuss a request for a setbackvariance to allow for a new garage andan addition to an existingresidence located at Lot 5, Bighorn Estates/4238 Nugget Lane. Applicant: W. C. and Carol Smail Planner: Shelly Mello General discussion was held in regard to this request. The staff identified two issues relatedto thisrequest. Thefirst was the possibleloss of mature vegetation and the secondconcern wasthemass of thebuilding as it relates to the proximity of the property line. The PEC felt that the mass was not an issue. Diana Donovan feltthat allvegetation should be maintained. The remainder ofthePEC felt that every attempt should be taken to keep the vegetation, however, theparking space sizecould -aet be decreasedslightly. The public meeting was called to order at 2:25p.m. by Chairperson DianaDonovan. 2. A request for awork session todiscuss a proposal to erect two 60 -foot towers in East Vail atthe base ofthe run -away truck rampadjacent to 1 -70. Applicant: U.S.West/Ceilular One/United States Forest Service Planner: Andy Knudtsen Andy Knudtsenpresented the item to the Planning Commission, introducing persons in the audience who were in attendanceto discussthis issue. A presentation was made regardingthe newlocation being proposed to installthetowers. The newlocation was In East Vail above the water tower, which is outof theTown of Vail's jurisdiction. it was stated that the U. S. Forest Service would be making the ultimatedecision as to the approval or denial of this request. Representatives from the U.S. Forest Service, Cellular One, U.S. West and Eagle County Land Use spoke to the Commission. After somediscussion, it was the general concensus among the neighbors, staff, and Forest Service Staff, that the new location would be much less visible than the one previously considered. The CellularOne representative said that he would stake the site with balloons to clearly indicate thelocation of the tower for the next PECmeeting. It was MEMORANDUM TO: PlanningandEnvironmental Commission FROM: Community DevelopmentDepartment DATE: September 14, 1992 SUBJECT: A request for setback variances to allow for a new garage and an addition to an existing residencelocatedat Lot 5, Bighorn Estates/4238 Nugget Lane. Applicant: W. C. and Carol Small Planner: Shelly Mello DESCRIPTION OF THE REQUEST The applicant is requesting side and front yard setbackvariances to allow for an additional garage spaceandadditional GRFA. The request is for a 19 -foot encroachment intothe 20 -foot front yard setback, as well as a six -inch encroachment Into the 15 -foot side yard setback requirement. The roof eaves will encroach an additional 6 inches. A one -car garage exists. A totalof 348 sq. ft. of garage (1 st floor), as well as 377 sq. ft. of GRFA (2nd floor) areproposed to belocatedwithinthe front and side setback. Theinterior garagedimension is 22feet -8 inches by 22 feet -3 inches, with a storage area to the rearof the garageof 17 feet by 11 feet -6 inches. A portion of theexisting garage and GRFA are alreadylocated in the setback. One additional surfaceparking space is alsobeing added to the west of theaddition. A portion of the proposed airlock/entry will also encroach 2' into the 20 foot front setback. Please seethe attached drawings.) li. ZONINGCONSIDERATIONS Zoning: Lot Size: GRFA 1 Unit 2 Units Duplex; Single familywith restricted secondary unitdue to lot size less than 15,000 sq. ft. 322acres or 14,026sq. ft. Allowed/Reo. Proposed Existina 3506.5 + 425 = 2587 sq. ft. 3931.5 sq. ft. 3006.5 + 850 = No secondary unit is proposed A. 4781.5 sq. ft. Site Coverage 2805.2 sq. ft. 1886 sq. ft. or 20% Parking 2.5 spaces 3 spaces 1 enclosed 2 spaces or 600 sq. ft. enclosed; 1 surface) Setbacks 20 foot front 1 foot 6 feet 15 foot side 14 feet 6- inches 15 feet VARIANCECRITERIA ANDFINDINGS Upon review of Criteria and Findings, Section 18.62.060 of the Vail MunicipalCode, the Community Development Department recommends approval of therequested variance based on the following factors: Consideration of Factors: 1. The relationship of the requested variance to other existing or potential uses and structures inthe vicinity. The existinggarage is approximately 5 feetfrom the front property line and 20 feet fromthe existing edge of pavement. The proposedtwo -story structure would be one -foot fromthe property lineand 18 -feetfrom the edge of pavement. There is currently a proposal by theTown to expand the bulb of the cul-de -sac In this areawhich would decreasethe distance from the road to the proposed addition. Mature vegetation (1 -4 aspens) could be lost as a resultof this addition and the proposed surfaceparking tothe west of the garage. The garage sizeshould be minimized to limit the encroachment into thesideand front setback. Thestaff would recommend that the garage have a maximum Interiordimension of 2026" wideversus 22 -'8" as proposed, as a condition of the approvalofthis project. Thesurfaceparking has beenminimized to 15' X 9'. The applicant maintains that all efforts will be taken tosave the existing vegetation. If any vegetation is lost dueto construction, it willneed to be replacedwith comparable material, suchas 2 -3 "-4" caliper aspen. As discussed duringthe work session held on this item, the staff is concerned with the 2nd floor GRFA encroachment. Although the PEC did notfeel that the impact warranted themodification of the variancerequest, the staff believes that by pullingbackthe2nd floor GRFA approximately 5 to 8 feet, morerelief in thefacadewould be achieved, which is important because of the proximity of the building to the property line. This is not.a condition of the staffs approval due to the PEC's comments atthe worksession held on this item, however, it remains as a recommendationfromthe staff. 2- 2. The degree to which relief from the strict and literal Interpretation and enforcement of a specifiedregulation is necessary to achieve compatibility and uniformityof treatment among sites In the vicinityor to attain the objectives ofthis title withoutgrant of special privilege. Thestaff recognizes that thesiting of the existing building does constitute a physicalhardship. Becauseof the existinglocationof the house, in the front of the lot, theapplicantwould need a setback variance for anygaragethat is located on the north side of the property. The staff finds that the granting of thisvariance would not be a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and trafficfacilities, publicfacilities and utilities, and public safety. The staff findsthat the requested variance will have a positive effect upon public safety, transportationand traffic facilities by providing additional enclosed parking that is out of the publicright -of -way. The proposal will have no significanteffect upon any of the other aboveissues. B. The Plannina and Environmental Commission shall make the followina findinas before arantina a variance: 1. That thegranting of the variance will not constitute a grant ofspecial privilegeinconsistent withthe limitations on otherproperties classified in the samedistrict. 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 followingreasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficultyorunnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditionsapplicable to the samesite ofthe variance that do not applygenerally to otherproperties in the same zone. C. The strict interpretation or enforcement of the specified regulation would deprivetheapplicantof privilegesenjoyed by the owners ofother properties in the same district. 3- IV. STAFF RECOMMENDATIONS The staff finds that the additionalenclosedparking will Improve the general appearance of the neighborhood. Withthe garageand sideparking area addition, there will be a maximumof 3 parking spaces provided on -site. Currently, there is only one on -site space. Theadditional parking is necessary in order to meet the existing parking requirementfor the siteand allow the building expansion. Staff finds that the entry addition has beenlocatedso that the encroachment to the front setback has beenminimized. The stafffinds that the request meets items 131, 2 and 3 (a) (c) of the variancefindings. The staff recommendsapproval of therequestwith three conditions: 1. That ifany existing aspens are lostas a result of theconstruction, that they will bereplaced with 3 "-4" caliper aspen. 2. if the large aspen tothesouth ofthe parking area is lost, then the parking space will be enlargedtomeet the Town's standards and new vegetation as indicated in condition 1 will be added. 3. The interior width of thegarage be changed to 2026" to limit the proposed encroachment into the front setback andeliminate the need for a side setback variance. This will also decreasetheimpact of the existingvegetation tothe west (approximately 4 large aspens). C.VO 4nMOO&mdl.824 4- PLANNING AND ENVIRONMENTAL COMMISSION September 14, 1992 Present Staff Present Jeff Bowen KristanPritz DianaDonovan Mike Moilica Andy KnudtsenKathyLangenwalter Dalton Williams Tim Devlin Shelly Mello Jim Curnutte 10. A request for a setback variance to allow for a newgarage and an expansion to an existing residence, located at 4238 Nugget lane \Lot 5, Bighorn Estates. Applicant: W.C. and Carol Smaii Planner: Shelly Mello Kathy Langenwalter presented this issue to the Commissionstating that thehouse is under contract andthat the request is really made by the Connoliys. General discussion ofgarage sizes was heldand the impact on thesurrounding area. itwas a general consensus that the garage size was not of concern, however, that existing landscaping and trees be preservedbyfencing, and if w + existing aspens are lostas a resultof the construction, that theywill be replaced Yj1 3" - 4" caliper aspens. As well, if the largeaspen to the south of the parking area is lost, thenthe parking space will be enlarged tomeet the Town's standards and new vegetation as indicated in condition 1 will be added. Jeff Bowen motioned to approve the request except for #3 restrictingthesizeof thegarage. Dalton Williams seconded the motion. The PEC voted unanimously to approvethe request 3 -0 -1 with the aboveconditions, with Kathy Langenwalter abstaining. i w z Q J w O 0 D z m O w LL w U) Q w O z w z Q J F- w 0 C7 z G O w U. w Q w F- z F- w w cn O 2 LL O w F- U) w F- w O z w F- w F- Q w 0 Q U. O w F- w O z REBAR i WASPER - FOUND Y m 4i ti rI a tea -. _.,..... A106 6Er 'Z- AA1E 55 0 'R. 0. W. TY E N. 510 Z4'36" W - m to f t •1 '•t r••. 10. / y 20, JH186/266 EXISTING SITE PLAN 1' - 20 7 olAA7 \ /.,.:........ 0 ..6.... ;"—I 1"1.... A744 AI ........4. 1 .. REBAR i WASPER - FOUND Y m 4i ti rI a tea -. _.,..... A106 6Er 'Z- AA1E 55 0 'R. 0. W. TY E N. 510 Z4'36" W - m to f t •1 '•t r••. 10. / y 20, JH186/266 REBAR WASHER FOUND I . PROPOSED SITE PLAN 1992 Variance Submittal Drawing — 4238 Nugget Lane 50 "R. 0. W. i rq cc) 12' UTILITY EASEMENT N. 5100 4*3 6 " W ^ 96./ 9' 20' J HI a ( / 2 6 6 Johnson Residence - 4238 Nugget Lane Variance Application EASTNORTHEAST VIEW FROM NUGGET LANE NORTHEAST VIEW FROM NUGGET LANE NORTHEAST VIEW OF GARAGE & MASTER SUITE NORTHWEST VIEW OF GARAGE & MASTER SUITE NORTHWEST VIEW OF HOUSE SOUTHEASTVIEW OF HOUSE Per Condition, new exterior parking space must meet town standards. APPROVED BY THE PLANNING & ENVIRONMENTAL COMMISSION By jspence at 3:06 pm, Nov 13, 2013 APPROVED BY THE PLANNING & ENVIRONMENTAL COMMISSION By jspence at 3:06 pm, Nov 13, 2013 APPROVED BY THE PLANNING & ENVIRONMENTAL COMMISSION By jspence at 3:06 pm, Nov 13, 2013