HomeMy WebLinkAboutPEC140018 Memo & Attachments0) rowN of vain
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 28, 2014
SUBJECT: A request for a final review of variances from Sections 12 -6D -6,
Setbacks, Section 12 -6D -9, Site Coverage, Section 12- 6D -11, Parking,
and Section 14 -3 -2F, Other Requirements, Vail Town Code, pursuant to
Chapter 12 -17, Variances, Vail Town Code, to allow for a residential
addition and remodel with required parking located partially within the
public right -of -way, located at 2955 Bellflower Drive /Lot 6, Block 6, Vail
Intermountain, and setting forth details in regard thereto. (PEC140018)
Applicant: Alan and Francine Peters, represented by MJ Mueller Co.
Planner: Warren Campbell
SUMMARY
The Applicant, Alan and Francine Peters, represented by Carl Mueller, is
requesting variances from Sections 12 -6D -6, Setbacks, Section 12- 6D -11, Parking,
and Section 14 -3 -2F, Other Requirements, Vail Town Code, pursuant to Chapter
12 -17, Variances, Vail Town Code, to allow for a residential addition and remodel
with required parking located partially within the public right -of -way, located at
2955 Bellflower Drive /Lot 6, Block 6, Vail Intermountain.
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, subject to the findings noted in Section
VIII of this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant is requesting variances from Section 12 -6D -6 Setbacks, for the front
and west side setbacks to allow for a new one -car garage with master bedroom
above, a covered entry porch. To accomplish the proposed additions a request for
a site coverage variance has been included. The final variance from Section 14 -3-
Town of Vail Page 1
2F, Other Requirements, is to allow for 2 vehicle parking spaces to be partially
located within the Town owned, Bellflower Drive, right -of -way.
The request for a variance to Section 12- 6D -11, Parking, is no longer need due to
the elimination of the second dwelling unit on the property. The applicant proposes
to remove the kitchen to comply with Town Code to create a wet bar in the
recreation room.
A vicinity map (Attachment A), written request from the applicant (Attachment B)
and plans dated June 30, 2014 (Attachment C) are attached for reference.
On April 28, 2008 the applicant received variance approvals to setbacks and
parking requirements, similar to this current proposal. The previous approvals
have since expired. Therefore, the applicant is returning to the Planning and
Environmental Commission to request the approval of a slightly modified proposal.
In the time period since 2008 the applicant pursued the construction of the project
as approved, however, only completed those portions of the plan to expand the
living and dining rooms into the west setback.
The applicant's current request is slightly modified to remove the second unit on
the property, which was previously going to become a Type I EHU which included
a site coverage increase of 5 %. The proposal to remove the second units and not
place a deed restriction on the unit has resulted in a request for a site coverage
variance. Additionally, the dimensions and area of the proposed garage have
been reduced from 462 to 289 square feet.
The descriptions of the variances requested are as follows:
1. Front Setback: The applicant is requesting to vary the front setback from
the required 20 feet to a range of 9.5 feet to 13 feet to allow for a one -car
garage addition. A new front entry includes 6 square feet of GRFA within
the front setback. The roof covering over the entry extends 3 feet into the
required 16 foot setback for roof elements. (Covered entries are allowed to
encroach into the setback 4 feet). Approximately 220 square feet, of the
289 square foot garage is proposed within the front and west side setbacks.
Approximately 6 square feet of GRFA for the new front entry is proposed
within the front setback.
2. West Side Setback: The applicant is requesting to vary the west side
setback from the required 15 feet to a range of 6 feet to 7 feet to allow for a
one -car garage addition and master bedroom over a portion of the garage.
Approximately 220 square feet of the 289 square foot garage is proposed
within the front and west side setbacks. Approximately 110 square feet of
the proposed master bedroom above the garage, is proposed within the
west side setback.
3. Site Coverage: The applicant is requesting to exceed the maximum
allowable site coverage by 123 square feet (1.4 %).
Town of Vail Page 2
4. Parking in the right -of -way: The Applicant is requesting a variance from
the requirement that all required parking be located on site. Two of the
proposed surface parking spaces encroach up to 13 ft. into the Bellflower
Drive right -of -way.
III. BACKGROUND
The original plat for this property was recorded in 1970 under Eagle County
jurisdiction. The existing structure was constructed in 1977 under Eagle County
regulations requiring side setbacks of five feet. When the property was annexed
into the Town of Vail under Ordinance 15 in 1987 it was zoned Two - Family
Primary/ Secondary Residential (PS) District with a minimum front setback of 20
feet and side yard of 15 feet.
On November 2, 1983, the Applicant received approval to construct a secondary
deed restricted unit on the lot. At that time, the Town Zoning regulations required
that one half (1/2) of the required parking be enclosed. The Applicant received a
variance from this requirement. The variance was granted based on the difficulty
of building a garage on the site, specifically the Planning and Environmental
Commission found, "the garage would tend to overcrowd the lot and would impair
the common open space between the residence and the residence to the west."
On March 26, 2001, the Planning and Environmental Commission approved similar
setback and parking variances for this property.
On February 7, 2002, the Design Review Board approved the design review
application associated with the approved variances from March 26, 2001.
On November 24, 2003, the Planning and Environmental Commission again
approved similar setback and parking variances for this property. This proposal
varies in that the applicant has removed the previously requested den and laundry
room and reconfigured the proposed garage, master bedroom, living room, and
dining room additions. This approval has since expired.
On April 28, 2008, the Planning and Environmental Commission again approved
similar setback and parking variances for this property. The approved plans are
attached for reference (Attachment D).
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Land Use Plan and the Vail
Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part
Town of Vail Page 3
CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part)
The goals articulated here reflect the desires of the citizenry as expressed through
the series of public meetings that were held throughout the project. A set of initial
goals were developed which were then substantially revised after different types of
opinions were brought out in the second meeting. The goal statements were
developed to reflect a general consensus once the public had had the opportunity
to reflect on the concepts and ideas initially presented. The goal statements were
then revised through the review process with the Task Force, the Planning and
Environmental Commission and Town Council and now represent policy guidelines
in the review process for new development proposals. These goal statements
should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.4. Residential growth should keep pace with the market place demands for a
full range of housing types.
CHAPTER VI, SECTION 4, PROPOSED LAND USE CATEGORIES (in part)
LDR Low Density Residential
This category includes single- family detached homes and two - family dwelling
units. Density of development within this category would typically not exceed 3
structures per buildable acres. Also within this area would be private recreation
facilities such as tennis courts, swimming pools and club houses for the use of
Town of Vail Page 4
residents of the area. Institutional / public uses permitted would include churches,
fire stations, and parks and open space related facilities.
Title 12, Zoning Regulations, Vail Town Code (in part)
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, FRONT: The setback line extending the full width of the site
parallel to and measured from the front lot or site line.
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 -6D Two - Family Primary /Secondary Residential (PS) District (in
part)
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).
12- 6D -11: PARKING:
Off - street parking shall be provided in accordance with Chapter 10 of this Title.
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
Town of Vail Page 5
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.
V. SITE ANALYSIS
Address: 2955 Bellflower Drive
Legal Description: Lot 6, Block 6, Vail Intermountain
Zoning: Two - family Primary /Secondary Residential District
Land Use Plan Designation: Low Density Residential
Current Land Use: Two - Family Residential
Geological Hazards: 100 year Floodplain
Development Standard Required Existing
Min. Lot Area: 15,000 sq. ft. 8,633.59 sq. ft.
Min. Setbacks:
Front: 20' 14.4'
Sides: 15' (east) 12'
15' (west) 20.5'
Rear: 50' Gore Creek 62.5'
Max. Building Height: 33' 25'
Max. GRFA:
Primary 2,380.2 sq. ft. 2,047 sq. ft.
Secondary not permitted* 583 sq. ft.
Total 3,971 sq. ft. 2,630 sq. ft.
Proposed
No change
9.5- 14'
no change
6' - 7'
no change
No change
2,209 sq. ft.
eliminated
2,980 sq. ft.
Town of Vail Page 6
Max. Site Coverage: 1,727 sq. ft. (20 %) 1,362 sq. ft. (15.7 %) 1,850 sq. ft. (21.4 %)
Min. Landscape Area: 4,743 sq. ft. (55 %) 6,510 sq. ft. (75 %) 6,395 sq. ft. (74.2 %)
Min. Parking: 3 spaces 2 spaces 3 spaces
(1 enclosed)
VI. SURROUNDING LAND USES AND ZONING
Existing Use
North:
Residential
South:
Residential
East:
Residential
West:
Residential
VII. REVIEW CRITERIA
Zonina District
Residential Cluster
Two - family Primary /Secondary
Two - family Primary /Secondary
Two - family Primary /Secondary
The review criteria for a variance request are prescribed in Chapter 12 -17,
Variances, Vail Town Code.
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
Front Setback: The applicant is requesting to vary the front setback from the
required 20 feet to a range of 9.5 feet to 13 feet to allow for a one -car garage
addition. A new front entry includes 6 square feet of GRFA within the front
setback. The roof covering over the entry extends 3 feet into the required 16 foot
setback for roof elements. (Covered entries are allowed to encroach into the
setback 4 feet). Approximately 220 square feet, of the 289 square foot garage is
proposed within the front and west side setbacks. Approximately 6 square feet of
GRFA for the new front entry is proposed within the front setback.
The proposed garage addition is flush with the front of the existing two - family
dwelling. Therefore the neighboring property's front yard sight lines are un-
affected by the proposed garage addition into the front setback.
West Side Setback: The applicant is requesting to vary the west side
setback from the required 15 feet to a range of 6 feet to 7 feet to allow for a one -
car garage addition and master bedroom over a portion of the garage.
Approximately 220 square feet of the 289 square foot garage is proposed within
the front and west side setbacks. Approximately 110 square feet of the proposed
master bedroom above the garage, is proposed within the west side setback.
The existing residence to the west (2963 Bellflower Drive) is situated at an angle
that places the home closer to its western property line than to its east, at the point
where the proposed garage addition is located (See Attachment A — Vicinity Map).
Town of Vail Page 7
Currently the west neighbor parks vehicles within one foot of the shared property
line. The west neighboring property has also been granted a variance for its east
setback to 6.4 feet. Staff does not believe the neighbor to the west will be
negatively impacted by the proposed addition into the west side setback.
Site Coverage: The applicant is requesting to exceed the maximum allowable site
coverage by 123 square feet (1.4 %). There are currently two dwelling units on the
property. A lot less than 14,000 square feet in area, such as the subject property,
is permitted only a single dwelling unit. In previous requests the applicant
proposed to place a Type I EHU deed restriction on the second basement unit on
the property. The current proposal is to remove the second unit on the property
and bring into conformance with the Vail Town Code with regard to density. The
previous requests did not include a site coverage variance as the Type I EHU deed
restriction included a permitted increase in site coverage of 5 %. The proposal to
increase site coverage by 1.4% supports the town's policy of constructing enclosed
garage parking on older properties which is exhibited in the history of variance
approvals for garages which commonly include setback and site coverage
variances.
Parking in the right -of -way: The applicant is requesting a variance from the
requirement that all required parking must be located on site. Two of the proposed
surface parking spaces encroach up to 13 feet into the Bellflower Drive right -of-
way.
The lot size, lot configuration and existing structure location make providing the
required number of parking spaces, 3, on -site impossible, without a variance to
allow parking within the right -of -way. Town of Vail Public Works Department has
reviewed the proposal and supports the request for 2 of the surface parking spaces
within the right -of -way that are generally located in the same footprint as the
existing driveway.
Public Works requires that a revocable right -of -way permit be issued. Staff is
proposing a condition to that effect in Section VIII of this memorandum. Currently,
the neighbor to the west, most affected by the proposed parking, provides parking
within one foot of the shared property line. Staff does not believe the neighboring
properties will be negatively impacted by the proposed parking in the right -of -way.
Therefore, Staff believes this proposal will not negatively affect the other existing
or potential uses and structures in the vicinity in comparison to existing conditions.
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, site coverage, and
Town of Vail Page 8
parking partially within the right -of -way variances would be a grant of special
privilege. The lot size, lot configuration, right -of -way configuration, existing
structure, and 50 ft. Gore Creek stream setback are all physical hardships on this
lot which greatly restrict the ability of improvements to be made to the structure
without a variance. The lot is nonconforming with regards to lot size and the house
currently encroaches into the front and side setbacks. Many of the structures in
the neighborhood have similar encroachments into the setbacks (see below).
Location
Description of the site
2923
Nonconforming 4 -plex approved by Eagle County.
Bellflower
Encroaches 9 ft. into the stream setback, 7.5 ft. into the
2339
east setback, and encroaches into the right -of -way.
2943
Granted a front setback variance to allow for a front
Bellflower
setback of 13 ft. Side setbacks are nonconforming at 12 ft.
2714
and 5 ft.
2953
Granted a parking variance to not enclose parking in
Bellflower
conjunction with EHU. Meets all setback requirements.
2963
Granted setback variances allowing for a 6 ft. front
Bellflower
setback, 6.4 ft. east side setback, and 8.4 ft. side setback.
3003
Granted front setback variance to allow for a 13 ft. front
Bellflower
setback, with GRFA being allowed beneath the garage.
Side setback variance was denied.
2852
Nonconforming. Encroaches into the front setback 9 ft.
Bellflower
and 1 ft. into side setback.
2942
Granted a front setback variance for a garage and storage
Bellflower
area to allow for a 15.5 ft. front setback. Nonconforming
with a 7 ft. encroachment into the east side setback.
2955
Garage located in front setback.
Basingdale
2945
Nonconforming. Encroaches into side setback 7 ft.
Basingdale
2935
Granted front setback variance to allow for GRFA below
Basingdale
garage in front setback. Below grade encroachment of
18.5 ft.
2925
Granted front setback variance to allow for a front setback
Basingdale
of 13 ft.
The following are other properties within the two - family primary /secondary zone
district which were granted variances to site coverage to facilitate garages.
Location
Description of the site
2586 Davos
Granted site coverage variance to facilitate garage.
Trail
Approved at 26% site coverage
2339
Granted site coverage variance to facilitate garage going
Chamonix
from single car to two cars. Approved at 23% site
Lane
coverage
2714
Granted site coverage variance to facilitate a new two car
Larkspur
garage. Approved at 26% site coverage
Lane
3140 Booth
Granted site coverage variance to facilitate a new two car
Falls Court
garage. Approved at 23% site coverage
Town of Vail Page 9
The proposed garage, entry, and master bedroom additions will improve the
functionality and value of the home, an upgrade supported by Land Use Plan Goal
1.3. Staff believes the proposed variance is consistent with the goals of the Town
of Vail Land Use Plan and purposes of the Two - family Residential District as
identified in Section IV of this memorandum.
Therefore, Staff believes the proposed relief from the setback, site coverage and
parking location regulations is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity and to attain the objectives of this title without
a grant of special privilege.
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.
The Public Works Department recommended that the existing evergreen tree in
the front yard be trimmed so as not to obstruct the view along Bellflower Drive from
a parked vehicle. Staff is proposing a condition to that effect in Section VIII of this
memorandum. Staff does not believe that approval of the variance will have a
negative effect on the factors listed above.
The proposed variances will facilitate an addition in the front and side setback area
that will not alter population; will not increase the required number of parking
spaces; will not affect any existing transportation or traffic facilities, public facilities,
or utilities; and will not affect public safety in comparison to existing conditions.
Therefore, Staff believes the proposed variance conforms to this criterion.
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 on the subject property
on three previous occasions (March 26, 2001, November 24, 2003, and April 28,
2008).
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with
conditions, of the requested variances from Sections 12 -6D -6, Setbacks, Section
12 -6D -9, Site Coverage, and Section 14 -3 -2F, Other Requirements, Vail Town
Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a
residential addition and remodel with required parking located partially within the
public right -of -way, located at 2955 Bellflower Drive /Lot 6, Block 6, Vail
Intermountain. Staff's recommendation is based upon the review of the criteria in
Section VII of this memorandum.
Town of Vail Page 10
Should the Planning and Environmental Commission choose to approve the
variance requests, the Community Development Department recommends, the
Commission pass the following motion:
"The Planning and Environmental Commission approves the request for
variances from Sections 12 -6D -6, Setbacks, Section 12 -6D -9, Site
Coverage, and Section 14 -3 -2F, Other Requirements, Vail Town Code,
pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a
residential addition and remodel with required parking located partially
within the public right -of -way, located at 2955 Bellflower Drive /Lot 6, Block
6, Vail Intermountain, and setting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to approve the
variance requests, Staff recommends the following conditions:
"I. The variance approvals are contingent on the Applicant obtaining Town
of Vail approval of a design review application for the proposed
additions.
2. The Applicant shall submit a revocable right -of -way permit to Public
Works for all improvements located within the Bellflower Drive right -of-
way prior to requesting final public works inspections.
3. The Applicant shall remove the kitchen in the lower level second unit to
be in full compliance with the Vail Town Code prior to requesting final
planning inspections.
4. The Applicant shall trim the large existing evergreen tree in the front yard
so that no limbs hang below 7 feet as measured from the ground,
upward, prior to the requesting final planning inspections."
Should the Planning and Environmental Commission choose to approve the
variance requests, Staff recommends the Commission, make the following
findings:
"I. That the granting of the variances do not constitute a grant of special
privilege inconsistent with the limitations on other properties in the Two -
Family Primary/Secondary Residential District.
2. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the strict literal interpretation or enforcement of the setback and
parking regulations results in a practical difficulty or unnecessary
physical hardship inconsistent with the development objectives of the
Town of Vail Page 11
Town Code or the Two - Family Primary /Secondary Residential District.
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 Two - Family Primary /Secondary Residential District."
Town of Vail Page 12
IX. ATTACHMENTS
A. Vicinity Map
B. Applicants' Written Request
C. Proposed Architectural Plans dated June 30, 2014
D. Previously approved plans and Results from April 2008
Town of Vail Page 13
Town of Vail Page 14
June 30, 2014
Planning and Environmental Commission
Town of Vail
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
RE: Narrative for the Peters Variances, 2955 Bellflower Drive (PEC08 -0018)
Dear PEC Members,
This is a revision to the above referenced PEC number where we were granted
Front, east and west setbacks, Parking in the ROW and a Reduction in Required Parking
numbers from 5 to 4 for a garage entry addition and an enlargement of the Living Dining
rooms. The enlargement of the Living Dining rooms was completed in 2010 as a Phase 1
addition and utilized the variance to the East setback.
The 2008 PEC submittal converted the existing secondary unit into an EHU. This
proposal converts the existing secondary kitchen into a kitchenette for the recreation
room and eliminates the EHU.
We are requesting a revision to the following granted variances and one additional
site coverage variance.
1. Front Setback: We are requesting a revision to the granted front
setback of 9 feet to the proposed 9.5 feet. The granted variance had no GRFA
and approximately 105 square feet of the garage within the front setback. The
proposed revision has approximately 6 square feet of new GRFA and
approximately 114 square feet of the garage within the front setback.
2. Side Setback (west): We are requesting to allow the granted side
setback of 5.5 feet to remain as granted. The granted variance had
approximately 62 square feet of new GRFA and approximately 168 square feet of
the garage in the west setback. The proposed revision has approximately 110
square feet of new GRFA and 106 square feet of garage in the west setback.
3. Side Setback (east): The Living Dining addition within the granted
11.8 feet setback was completed in 2010.
4. Parking in the right -of -way: The granted variance was for 4 parking
spaces (1 in the garage and 3 into the right -of -way). The proposed residence
without the secondary or EHU requires 3 parking spaces as the total GRFA is less
than 4000 square feet. We are requesting a variance from the requirement
that all parking must be located on site (1 in the garage and 2 into the right -
of -way).
5. Site Coverage: No variance for site coverage was required in the
2008 submittal. Removal of the EHU eliminated the entitled 5 percent additional
site coverage and the 5 percent reduction of landscape area. We conform to the
required landscape area. We are requesting a variance in site coverage to allow
123 square feet more than our allowed 20 percent of the total area of the site.
We believe that the physical hardships of this property warrant variance approval.
Lot 6 is 8,633 sq. ft. in area, approximately 64' in width adjacent to the street and the
front property line is not parallel with the street. The existing structure is closer to the
sloping east property line with the entry and parking located on the west side of the
property. The addition of the garage and entry over part of the existing parking as shown
on plan with a bedroom above is consistent with the planning polices and development
objectives in the Town of Vail without grant of special privilege. The adjacent properties
are faced with similar limitations and the parking as shown on our site plan is a solution
found throughout this neighborhood.
Please contact us with any questions or comments at the number below.
Sincerely,
THE MJ MUELLER CO., INC.
Mark and Carl Mueller
P. O. Box 2747
Vail, CO. 81658
970 476 -2627
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A-7 of
PLANNING AND ENVIRONMENTAL COMMISSION
April 28, 2008
1:OOpm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Rollie Kjesbo Bill Pierce
Michael Kurz
Sarah R. Paladino (departed at 2:40 after Item 3)
Scott Proper
Susie Tjossem
David Viele
Site Visits:
1. Osaki Sushi Restaurant— 100 East Meadow Drive
2. Peters Residence — 2955 Bellflower Drive
Driver: Warren
30 minutes
1. A request for a final review of variances from Sections 12 -6D -6, Setbacks, 12 -6D -9, Site
Coverage, Section 12- 6D -11, Parking, and Section 14 -3 -2F, Other Requirements, Vail Town
Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a residential addition
and remodel with required parking located partially within the public right -of -way, located at 2955
Bellflower Drive /Lot 6, Block 6, Vail Intermountain, and setting forth details in regard thereto.
(PEC080018)
Applicant: Alan Peters, represented by Carl Mueller
Planner: Nicole Peterson
ACTION: Approved with condition(s)
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
1. The variance approvals are contingent on the Applicant obtaining Town of Vail
approval of a design review application for the proposed additions.
2. The Applicant shall submit a revocable right -of -way permit to Public Works for all
improvements located within the Bellflower Drive right -of -way prior to issuance of the
building permit.
3. The Applicant shall deed restrict the secondary dwelling unit as a Type I Employee
Housing Unit and file all necessary documentation with the Town of Vail Housing
Coordinator prior to the issuance of the Certificate of Occupancy.
4. The Applicant shall trim the large existing evergreen tree in the front yard so that no
limbs hang below 7 feet as measured from the ground, upward, prior to the issuance
of the Certificate of Occupancy.
Nicole Peterson presented a summary of the Staff memorandum.
Carl Mueller, applicant's representative, was available for questions.
There was no public comment.
Commissioner Proper asked for clarification of the scope of this proposal in comparison to the
other variances granted in the neighborhood. He also clarified the hardships on the property.
Page 1
Commissioner Viele noted the similarity of this proposal to past variance approvals. He noted
that the house was originally constructed under Eagle County jurisdiction and this variance
approval would not be a grant of special privilege.
Commissioner Kurz asked for clarification concerning the deed restrictions of the EHU.
Commissioner Paladino had no comment.
Commissioner Tjossem questioned if the second floor bedroom was a grant of special privilege
given its location within the setback. She noted that the garage was a positive addition.
Commissioner Kjesbo noted the EHU deed restriction and the new garage are in keeping with
the Town's development goals.
15 minutes
2. A request for final review of a final plat for a minor subdivision, pursuant to Chapter 13 -4, Minor
Subdivisions, Vail Town Code, to allow for a re- subdivision of the Front Door Site, located at 151,
250, and 280 Vail Lane /(a complete legal description is available for inspection at the Town of
Vail Community Development Department upon request), and setting for details in regard
thereto. (PEC080019)
Applicant: Vail Resorts Development Company
Planner: Warren Campbell
ACTION: Approved
MOTION: Viele SECOND: Proper VOTE: 6 -0 -0
Warren Campbell presented a summary of the proposal and the Staff memorandum. Warren
noted some minor corrections that had been made to the proposed final plat by the applicant's
legal representatives subsequent to the printing of the Staff memorandum.
Gerry Arnold, Vail Resorts, was available for questions.
Jim Lamont, Vail Homeowner's Association, asked for clarification concerning the boundary with
Mill Creek Subdivision.
There were no Commissioner comments.
15 minutes
A request for a final recommendation to the Vail Town Council for a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Article 12 -9A, Special Development
District, Vail Town Code, to allow for an addition to the Osaki's Sushi restaurant, located at 100
East Meadow Drive /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC080016)
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects
Planner: Bill Gibson
ACTION: Recommendation of approval with condition(s)
MOTION: Tjossem SECOND: Proper VOTE: 4 -0 -2 ( Kjesbo & Viele recused)
1. The Applicants must obtain final review and approval of the proposed development
plan by the Town of Vail Design Review Board, prior to making an application for the
issuance of a building permit.
2. The Applicants shall provide the legally executed and duly recorded deed restriction
with the Eagle County Clerk & Recorder's Office for the off -site employee housing unit
prior to the issuance of a temporary certificate of occupancy for the construction
associated with this amendment.
3. The Applicants shall make the off -site employee housing unit ready for occupancy
prior to the issuance of a temporary certificate of occupancy for the construction
Page 2
T:
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