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Home My WebLink AboutDantas Lot 15 Variance Letter 3-11-15March 11, 2015 George Ruther, AICP Community Development Director Town of Vail 75 South Frontage Road Vail, Colorado 81675 Re:Driveway Variance for 2754 Snowberry Drive / Lot 15, Block 9, Vail Intermountain Subdivision Dear George: Included with this letter is an application for variance to exceed the maximum grade at centerline for a residential driveway located at 2754 Snowberry Drive (Lot 15, Block 9, Vail Intermountain Subdivision). Summary and Background: The applicant, Michael Dantas, is constructing a duplex on an existing platted lot located in the Intermountain neighborhood. The lot is last residential lot on this block along Snowberry Drive right-of- way. While the home fronts on the road right-of-way, the roadway that should serve this lot was never completed. Currently there is a dirt road or driveway within the Town’s right-of-way that provides access to the Eagle River Water and Sanitation District water tank located to the east of this property. This dirt road has existed for years and has grades varying from approximately 14% to 19%. The Town approved the installation of the water tank some years ago but did not require that the District upgrade the road to meet the Town’s residential and commercial access standards. As a result, the roadway adjacent to the applicant’s lot is an existing, nonconforming driveway constructed within the Town’s right- of-way. The applicant is proposing to pave the existing dirt roadway/driveway in order to provide continuous paved access to the home. This portion of the roadway/driveway will exceed the maximum of 10% for an unheated driveway. What we think of more typically as the driveway from a town street to the home (i.e, that portion from the garage doors to the street) complies with code at 4%. In order for this roadway or driveway to be reconstructed to comply with the Town’s standard would force the applicant to reconstruct the entire roadway to the water tank at considerable expense and hardship. ERWSD does not support any change in grade to this driveway to the water tank and will not participate in any such change to the roadway grades. Review Criteria: Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the criteria for review for a variance. These criteria, along with an analysis, are provided below: 1.The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Mauriello Planning Group MPGVail.com P.O. Box 4777 dominic@mpgvail.com Eagle, CO 81631 970-‐376-‐3318 Applicant Response: The proposed variance to driveway grade has no impact on the existing or potential uses and structures in the vicinity. The variance will allow reasonable access from an existing, nonconforming “driveway” located within the Town’s right-of-way for Snowberry Drive which has no impact on the position or location of the home on this property. 2.The degree to which relief from the strict or literal interpretation and enforcement of a speciﬁed regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Applicant Response: Lot 15 is unique within this neighborhood in that it is not located along a paved section of Snowberry Drive as most, if not all, other lots in the neighborhood enjoy. Allowing the applicant to pave the existing, nonconforming “driveway” within the Town’s right-of- way will ensure that this lot is treated the same as other properties in the vicinity. Additionally, the existing paved portions of Snowberry Drive also exceed the Town’s roadway standards for grade. By granting this variance the PEC will ensure compatibility and uniformity of treatment within the neighborhood 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. Applicant Response: The proposed variance will have no impact upon light, air, distribution of population, transportation, public facilities, and utilities. The variance will impact trafﬁc facilities and public safety in that the variance will allow access to a home that exceeds the maximum standard for grade. However, had the roadway been completed when the subdivision was developed, it would certainly have exceeded the Town’s standards as the remainder of the roadway does today. In order to allow this property owner to enjoy the use and access to his property, this variance is necessary and is no less safe than access to any other home along Snowberry Drive. Section 12-17-6: CRITERIA AND FINDINGS, of the Vail Town Code provides the ﬁndings that the Planning and Environmental Commission shall make for the granting of a variance. These ﬁndings are provided below: 1.That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classiﬁed in the same zone district. Applicant Response: The granting of this proposed variance does not constitute a grant of special privilege. As indicated in the analysis above, the applicant has been put in this position by the Town and/or the original developer of this subdivision and has not created this hardship. The variance allows this lot owner the same beneﬁts as his neighbors enjoy; that is having reasonable access to his property. 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. Applicant Response: The granting of this proposed site coverage variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. 3. That the variance is warranted for one or more of the following reasons: (a)The strict or literal interpretation and enforcement of the speciﬁed regulation would result in practical difﬁculty or unnecessary physical hardship inconsistent with the objectives of this title. (b)There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. (c)The strict or literal interpretation and enforcement of the speciﬁed regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. Applicant Response: The variance is warranted because the strict interpretation of the residential driveway standards results in a practical difﬁculty and physical hardship inconsistent with the Zoning Regulations. Furthermore, there are extraordinary circumstances applicable to Lot 15 which do not generally apply to other properties. When this subdivision was originally constructed and accepted by the Town via annexation, Snowberry Drive was not fully constructed to provide reasonable access to the applicant’s property. This variance will allow this property to enjoy the same privileges as others within the area. Thank you for your consideration. Sincerely, Dominic F. Mauriello, AICP  Adjacent Property Owners 2734 Snowberry EAGLE RIVER WATER & SANITATION DISTRICT 846 FOREST RD VAIL, CO 81657-5704 2701 Snowberry KALUSIN, LAWRENCE P O BOX 1925 VAIL, CO 81658 2735 Snowberry CLARK, SUSAN B. & ROBERT J. 5452 DAYTON CT GREENWOOD VILLAGE, CO 80111 2735 Snowberry CASHMAN, ELYSE KRISTINE 3103 MAPLEWOOD WAYZATA, MN 55391 2755 Snowberry MOUNTAIN C.I. HOLDINGS LTD 1480 SANDHILLS DR UNIT 4 ANCASTER ONTARIO L9G 4V5 CANADA 2794 Snowberry MANCHESTER, GARY P. & JEANE M. 1720 WAZEE 5D DENVER, CO 80202 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 Mauriello Planning Group PO Box 4777 Eagle, CO 81631