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HomeMy WebLinkAboutB18-0372_Approved Documents_1537194773.pdf75 South Frontage Road West, Vail, CO 81657 Office: 970.479.2139 Inspections: inspections@vailgov.com Construction B18-0372 Issued: 09/17/2018 TOWN OF VAIL Property Information Address: 5128 GROUSE LN B (209918212010 B) ( 209918212010 ) Unit #: B Parcel Number: 209918212010 Legal Description: Subdivision: GORE CREEK SUB Block: 1 Lot: 8 PARCEL B Contacts Contact Type: Applicant Full Name: John Martin Address: John G Martin, Architect PO Box 4701 Eagle, CO 81631 Phone: 9703280592 Contact Type: Property Owner Full Name: JERANKO, STANLEY L. & KAREN D. Address: Phone: None Contractor Contractor Type: General Company: Crestone Building Company State License #: Phone: 970-710-7129 Project Information Project Name: Jeranko Residence 2018 Project Description: DUPLEX HOUSE B - NEW CONSTRUCTION PERMIT Fees Paid Account #: 001-0000.31111.00 - Building Permit Fee Fee Amount:$6,955.60 Account #: 001-0000.31123.00 - Building Plan Review Fee Fee Amount:$4,521.14 Account #: 110-0000.31060.00 - Construction Use Tax Fee Fee Amount:$27,171.50 Account #: 001-0000.31111.00 - Mechanical Permit Fee Fee Amount:$1,500.00 Account #: 001-0000.31123.00 - Mechanical Plan Review Fee Fee Amount:$375.00 Account #: 001-0000.31111.00 - Plumbing Permit Fee Fee Amount:$1,245.00 Account #: 001-0000.31123.00 - Plumbing Plan Review Fee Fee Amount:$311.25 Account #: 111-0000.31127.00 - Recreation Fee Fee Amount:$0.60 Account #: 001-0000.31128.00 - Will Call Fee (Building Scope)Fee Amount:$5.00 Account #: 001-0000.31128.00 - Will Call Fee (Mechanical Scope)Fee Amount:$5.00 Account #: 001-0000.31128.00 - Will Call Fee (Plumbing Scope)Fee Amount:$5.00 Total Paid:$42,095.09 Conditions CONDITIONS UNDER WHICH PERMITS BECOME VOID: If construction is not begun within 6 months from the date permit was issued. If more than 5 months elapses between inspections. If incorrect information is given on the application at the time the permit was issued. Christopher Jarecki - Town of Vail Building Official NOTICE: By issuance of this Permit the applicant agrees to comply with all Titles of the Town of Vail Code and all applicable State and Federal law. Failure to do so will void this Permit and the applicant shall forfeit all applicable fees. PERMIT FEE RECEIPT Case # B18-0372 Date Printed: 09/17/2018 TOWN OF VAIL - FEES RECEIPT Permit Summary Case Number: B18-0372 Status: Approved Permit Number: Date Started: 08/28/2018 Permit Type: Construction Subcases Duplex Lot Number: 8 Property: 5128 GROUSE LN B (209918212010 B) (209918212010) Contacts Contact Type: Applicant Company Name: John G Martin, Architect Full Name: John Martin Address: John G Martin, Architect PO Box 4701 Eagle, CO 81631 Email: john@martinmanleyarchitects.com Contact Type: Property Owner Full Name: JERANKO, STANLEY L. & KAREN D. Address: Permit Fees Fee Information Account Amount Permit Fee 001-0000.31111.00 $9,700.60 Construction Tax 110-0000.31060.00 $27,171.50 Recreation Fee 111-0000.31127.00 $0.60 Will Call Fee 001-0000.31128.00 $15.00 Payment Information Date Paid Payment Type Amount Permit Fee 09/17/2018 Check $9,700.60 Paid By: Carolyn Godfrey - Notes: ck#1004 First Chair Properties LLC Will Call Fee 09/17/2018 Check $15.00 Paid By: Carolyn Godfrey - Notes: ck#1004 First Chair Properties LLC Recreation Fee 09/17/2018 Check $0.60 Paid By: Carolyn Godfrey - Notes: ck#1004 First Chair Properties LLC Construction Tax 09/17/2018 Check $27,171.50 Paid By: Carolyn Godfrey - Notes: ck#1004 First Chair Properties LLC FEE TOTAL $36,887.70 AMOUNT PAID $36,887.70 BALANCE DUE $0.00 09/17/2018 - 8:17:04 AM - Generated by: cgodfrey75 South Frontage Road West, Vail, Colorado 81657 1 / 1 1 HealthSafe Inspections Inc 390 Apple Drive Basalt CO 81621 970-920-2100 Jim Baker CDPHE Asbestos Building Inspector, Asbestos Air Monitoring Specialist (AMS) & Project Designer Certification #13437 CDPHE Lead-Based Paint Inspector & Lead Hazard Assessor Certification #23607 ASBESTOS REPORT DATE 07/16/2018 CLIENT Stan Jeranko c/o Crestone Building Company 501 W Hallam St Aspen CO 81611 PROJECT PROPERTY ADDRESS 5128 Grouse Lane, Vail, Colorado 81657 2 The photos above are a small representation of the west duplex slated to be demolished and disposed of. For orientation purposes, the front driveway and overhead garage door faces south. CLIENT BACKGROUND The Client, Stan Jeranko, hired Crestone Building Company to demolish and dispose of the entire duplex. This west side of the duplex addressed as 5128 Grouse Lane in East Vail will be demolished along with the east side of the duplex addressed as 5130 Grouse 3 Lane. Prior to the demolition of this property, an asbestos inspection is required. Crestone Building Company hired HealthSafe Inspections, Inc. (hereinafter, HealthSafe) to perform the required asbestos inspection for an unlimited, exterior and interior asbestos inspection for the demolition and disposal of the structure. Note: this report is not intended for estimating purposes. Measurements provided in this report are for the sole purpose of determining numbers of samples required per suspect material. Contractors or subcontractors will have to do their own surveys and inspections for their own estimating. VISUAL INSPECTION & LABORATORY FINDINGS An inspection was conducted by Jim Baker of HealthSafe on July 5, 2018 with the President/Owner of Crestone Building Company present during the inspection and sampling. All interior and exterior suspect ACM/ACBM were identified and sampled. Samples of each homogeneous miscellaneous material were collected in opposite diagonal corners or opposite sections or rooms; in the case of surfacing materials, samples were collected randomly—considering different sections of walls and ceilings and different rooms or locations where each homogeneous material was applied. No two samples were collected next to the other. This inspector did his best to get a broad representative of each homogeneous miscellaneous and surfacing material without bias of locations. Those materials collected and analyzed by PLM analysis are the following: 1. Basement Laundry & Blue South Bedroom Orange Peel Surfacing Material/Texture: a homogeneous spray-applied surfacing material/texture [samples 1-3: F1-OP-C/W-T-1,2,3]. This surfacing material/texture is on ceilings and walls of the first floor, the bottom-basement section of the west duplex. The estimated surface area is more than 10 sf, but less than 1,000 sf (778sf), requiring a minimum of at least three surfacing/texture material samples. The samples were collected in the laundry room and the south bedroom east and west blue bedroom walls. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 2. Basement Laundry & Blue South Bedroom Joint Compound: a homogeneous miscellaneous seam taping compound requiring at least two samples [samples 4- 5: F1-OP-C/W-JC-1,2]. Sample 4 was taken from the laundry-water heater wall joint and sample 5 from the south blue bedroom southeast wall corner which is water damaged. The PLM analytical estimated results: NONE DETECTED. 3. Basement Laundry & Blue South Bedroom Gypsum Wallboard/Drywall System: a homogeneous taped and joint compounded drywall system with gypsum wallboard panels, trowel-applied joint compound and tape (classified as a miscellaneous material as a complete integral system) [sample 6: F1-OP-C/W-J]; these composite layered taped and joint compounded drywall materials are on ceilings and walls of the first floor-basement laundry-water heater room and the adjacent south bedroom with blue walls with a surfacing material/texture known as “orange peel“—different than the other locations of the house. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 4 4. Basement Bedrooms Ceiling Skip Trowel Surfacing Material/Texture: a homogeneous trowel-applied surfacing material/texture [samples 7-9: F1-BRS- CLG-ST-T-1,2,3]. This surfacing material/texture is on ceilings of the two basement bedrooms. The estimated surface area is more than 10 sf, but less than 1,000 sf (350 sf), requiring a minimum of at least three surfacing/texture material samples. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 5. Floors 1, 2 and 3 Skip Trowel Surfacing Material/Texture: a homogeneous trowel-applied surfacing material/texture which has the same appearance, different than the skip-trowel in paragraph #4 above [samples 10-18: F1-3-ST- C/W-T-1-9]. This surfacing material/texture is on ceilings and walls of the west duplex. The estimated surface area is more than 5,000 sf, requiring a minimum of at least seven surfacing/texture material samples (nine were collected as recommended by AHERA due to the three floor levels. The AHERA random sampling grid #10 was used, balancing three samples from each floor from walls and ceilings. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 6. Floors 1, 2 and 3 Joint Compound: a homogeneous miscellaneous seam taping compound requiring at least two samples [samples 19-20: F1-3-C/W-JC-1,2]. Sample 19 was taken from the kitchen corner near the deck door and stairwell and sample 20 from the uppermost third floor bedroom hallway. The PLM analytical estimated results: NONE DETECTED. 7. Floors 1, 2 and 3 Gypsum Wallboard/Drywall System: a homogeneous taped and joint compounded drywall system with gypsum wallboard panels, trowel- applied joint compound and tape (classified as a miscellaneous material as a complete integral system) [samples 21-22: F1-3-C/W-J-1,2]; these composite layered taped and joint compounded drywall materials are on ceilings and walls of the three floor levels (with the exception of part of the basement) with a surfacing material/texture known as “skip-trowel“. The estimated surface area is more than 5,0000 sf, requiring a minimum of at least two composite core samples of all drywall layers (“…number of samples sufficient to determine” …if asbestos is present or not). Sample 21 was taken from the main second floor east wall just north of the fireplace and sample 22 was taken from third uppermost floor twin bedroom closet. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 8. Asphaltic Composition Roofing Shingles: a homogeneous miscellaneous roofing material requiring at least two samples [samples 23-24: COMP-RF-1,2]. The EPA 600 method PLM analytical estimated results: NONE DETECTED. There were no other additional suspect asbestos building materials to sample which were slated to be disturbed, removed or disposed of. A total of 24 suspect homogeneous ACM/ACBM bulk samples were collected and 24 samples were analyzed. The bulk samples were analyzed by EPA 600 PLM analytical methods by a NVLAP accredited laboratory in accordance with Colorado State Regulation 8 for the presence of asbestos mineral fibers. There is NO asbestos in all 24 samples analyzed. 5 See supporting Hayes Microbial Consulting, Inc. data report #18021193. HEALTHSAFE CONCLUSIONS • There is NO asbestos in any of the suspect building materials slated to be demolished and disposed of in the landfill. NO asbestos abatement will be required. All building materials can be dealt with without the concerns for asbestos fibers. All building waste and debris can be disposed of in any landfill which accepts normal, non-hazardous building waste. Sincerely Submitted, Jim Baker COLORADO & FEDERAL ASBESTOS REGULATIONS SUMMARY Regulation No. 8 Part B – Asbestos of the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Commission requires a State-certified Asbestos Building Inspector to inspect and collect bulk samples of all suspect asbestos containing materials (ACM) or suspect asbestos containing building materials (ACBM) prior to their disturbance, removal or demolition and disposal. The suspect materials shall be analyzed by a NVLAP accredited laboratory by polarized light microscopy (PLM) using EPA 600 analytical method. A material which is estimated to contain more than 1% asbestos is classified as ACM/ACBM and regulated by the State and Federal governments. Any friable (able to crush or reduce to powder by finger pressure) asbestos with trace amounts of asbestos fibers or less than 1% must be point-counted using EPA 400 analytical method to prove that it is indeed less than 1%; if not, it must be classified as ACM/ACBM and shall be treated as a State and Federal regulated material. Any friable asbestos containing material (greater than 1% asbestos concentration) or ACM/ACBM that could be rendered friable during its removal or demolition and disposal shall require an asbestos abatement by a certified asbestos abatement contractor to remove and dispose of the material(s). A Colorado State (CDPHE) issued asbestos abatement permit is required for the following trigger levels of ACM/ACBM: 1. Residential buildings of four or fewer units--if more than 32 square feet of any surface coverage (e.g., gypsum wallboard or drywall and associated applied surfacing materials/textures, acoustic sprays, joint compounds, plaster, etc.), 50 feet of asbestos 6 covered or asbestos insulated pipe or any material which would fill a 55-gallon drum is going to be disturbed, removed or disposed of, an asbestos abatement permit is required. 2. Residential complexes with more than four residential units, public access areas to a residential building, commercial and retail buildings, public and civic buildings, industrial buildings--if more than 160 square feet of surfacing materials, 260 linear feet or more than 35 cubic feet (NESHAP) or 55-gallon drum (CDPHE) of suspect ACM/ACBM is going to be disturbed, removed or disposed of, an asbestos abatement permit is required under NESHAP and by the CDPHE. See note below on OSHA. The regulations require an absolute minimum of 3 samples (EPA suggests 9) per homogenous suspect surfacing and TSI materials and an absolute minimum of 2 samples of homogenous miscellaneous materials or any number of “samples sufficient to determine whether a material is ACM” (Reg8.IV.D.3). More samples are required based on surface area or volume. These are minimums; the asbestos building inspector has the field responsibility to determine homogenous materials and the number of samples to collect per material; more than the minimum number of samples may be necessary at the discretion of the inspector. An assessment of friability and functional space conditions of the materials are also the inspector’s field responsibilities. OSHA compliance is required for all employers and employees no matter the quantity of asbestos present with strict regulations regarding 10 sf or more of TSI or friable surfacing materials, and therefore it does not matter what the quantity or State trigger levels are: all suspect ACM/ACBM shall be inspected and tested for asbestos prior to their disturbance, removal and disposal for worker protection and safety. See EPA 40 CFR 763.121 Worker Protection Rule, OSHA 29 CFR 1910.134 Respirator Protection Standard, OSHA 29 CFR 1910.1001 General Industry Standard and OSHA 29 CFR 1926.1101 Construction Standard regulations when dealing with asbestos hazards. Note: County or City regulations may be more stringent. HMC #18021193 contact@hayesmicrobial.com http://hayesmicrobial.com/ Analysis Report prepared for HealthSafe Inspections 390 Apple Drive Basalt, CO. 81621 USA Phone: 970-920-2100 Job Name: Stan Jeranko C/O Crestone Construction 5128 Grouse Ln. Vail, CO 81657 Date Sampled: 07-05-2018 Date Analyzed: 07-13-2018 Report Date: 07-13-2018 EPA Laboratory ID# VA01419 NVLAP Lab Code: 500096-0 Asbestos License: 300435 License: #PH-0198 Page 1 of 6 HMC #18021193 HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA July 13, 2018 Client Job Number: Client Job Name: Stan Jeranko C/O Crestone Construction 5128 Grouse Ln. Vail, CO 81657 Dear HealthSafe Inspections, We would like to thank you for trusting Hayes Microbial for your analytical needs. On July 6, 2018 we received 24 samples by FedEx for the job referenced above. 24 samples were received in good condition. The results in this analysis pertain only to this job, collected on the stated date and should not be used in the interpretation of any other job. This report may not be duplicated, except in full, without the written consent of Hayes Microbial Consulting, LLC. This laboratory bears no responsibility for sample collection activities, analytical method limitations, or your use of the test results. Interpretation and use of test results are your responsibility. Any reference to health effects or interpretation of mold levels is strictly the opinion of Hayes Microbial Consulting. In no event, shall Hayes Microbial Consulting or any of its employees be liable for lost profits or any special, incidental or consequential damages arising out of your use of the test results. Steve Hayes, BSMT(ASCP) Laboratory Director Hayes Microbial Consulting, LLC Page 2 of 6 HMC #18021193 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name: Stan Jeranko C/O Crestone Construction 5128 Grouse Ln. Vail, CO 81657 Date Collected: Date Received: Date Reported: 07/05/2018 07/06/2018 07/13/2018 # Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 1 1 F1-OP-C/W-T-1 Texture / White (None Detected) (None Detected) 100 % 2 2 F1-OP-C/W-T-2 Texture / White (None Detected) (None Detected) 100 % 3 3 F1-OP-C/W-T-3 Texture / White (None Detected) (None Detected) 100 % 4 4 F1-OP-C/W-J/C-1 Texture / White (None Detected) (None Detected) 100 % 5 5 F1-OP-C/W-J/C-2 Brittle / White (None Detected) (None Detected) 100 % 6 6 F1-OP-C/W-J Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 F1-OP-C/W-J Joint Compound / White (None Detected) (None Detected) 100 % 7 7 F1-BRS-CLG-ST-1 Brittle / White (None Detected) (None Detected) 100 % 8 8 F1-BRS-CLG-ST-2 Brittle / White (None Detected) (None Detected) 100 % 9 9 F1-BRS-CLG-ST-3 Brittle / White (None Detected) (None Detected) 100 % 10 10 F1-3-ST-C/W-T-1 Texture / White (None Detected) (None Detected) 100 % Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 3 of 6 HMC #18021193 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name: Stan Jeranko C/O Crestone Construction 5128 Grouse Ln. Vail, CO 81657 Date Collected: Date Received: Date Reported: 07/05/2018 07/06/2018 07/13/2018 # Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 11 11 F1-3-ST-C/W-T-2 Texture / White (None Detected) (None Detected) 100 % 12 12 F1-3-ST-C/W-T-3 Texture / White (None Detected) (None Detected) 100 % 13 13 F1-3-ST-C/W-T-4 Texture / White (None Detected) (None Detected) 100 % 14 14 F1-3-ST-C/W-T-5 Texture / White (None Detected) (None Detected) 100 % 15 15 F1-3-ST-C/W-T-6 Texture / White (None Detected) (None Detected) 100 % 16 16 F1-3-ST-C/W-T-7 Texture / White (None Detected) (None Detected) 100 % 17 17 F1-3-ST-C/W-T-8 Texture / White (None Detected) (None Detected) 100 % 18 18 F1-3-ST-C/W-T-9 Texture / White (None Detected) (None Detected) 100 % 19 19 F1-3-C/W-JC-1 Brittle / White (None Detected) (None Detected) 100 % 20 20 F1-3-C/W-JC-2 Brittle / White (None Detected) (None Detected) 100 % 21 21 F1-3-C/W-J-1 Brittle / White (None Detected) (None Detected) 100 % Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 4 of 6 HMC #18021193 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name: Stan Jeranko C/O Crestone Construction 5128 Grouse Ln. Vail, CO 81657 Date Collected: Date Received: Date Reported: 07/05/2018 07/06/2018 07/13/2018 # Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 22 22 F1-3-C/W-J-2 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 F1-3-C/W-J-2 Joint Compound / White (None Detected) (None Detected) 100 % 23 23 COMP-RF-1 Roofing / Black (None Detected) 8 % Fiberglass 92 % 24 24 COMP-RF-2 Roofing / Black (None Detected) 12 % Fiberglass 88 % Layer 2 COMP-RF-2 Tar / Black (None Detected) (None Detected) 100 % Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 5 of 6 HMC #18021193 Asbestos - Additional InformationHealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 All samples were received in acceptable condition unless otherwise noted on the report. The Report must not be used by the client to claim product certification, approval, or endorsement by: AIHA, NIST, NVLAP NY ELAP, or any agency. The results relate only to the items tested. The results include an inherent uncertainty of measurement associated with estimating percentages by polarized light microscopy. Measurement uncertainty data can be provided when requested. None detected: Below the detected reporting limit of 1% unless point counting is performed, then the detected, reporting limit is .25%. Per NY ELAP198.6 (NOB) TEM is the only reliable method to declare an NOB material as Non-Asbestos Containing. Hayes Microbial Consulting reserves the right to dispose of all samples after a period of 60 days in compliance with state and federal guidelines. Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 6 of 6 1 HealthSafe Inspections Inc 390 Apple Drive Basalt CO 81621 970-920-2100 Jim Baker CDPHE Asbestos Building Inspector, Asbestos Air Monitoring Specialist (AMS) & Project Designer Certification #13437 CDPHE Lead-Based Paint Inspector & Lead Hazard Assessor Certification #23607 ASBESTOS REPORT DATE 07/17/2018 CLIENT Stan Jeranko c/o Crestone Building Company 501 W Hallam St Aspen CO 81611 PROJECT PROPERTY ADDRESS 5130 Grouse Lane, Vail, Colorado 81657 2 The photos above are a small representation of the east duplex slated to be demolished and disposed of. For orientation purposes, the front door faces south. CLIENT BACKGROUND The Client, Stan Jeranko, hired Crestone Building Company to demolish and dispose of the entire duplex. This east side of the duplex addressed as 5130 Grouse Lane in East Vail will be demolished along with the west side of the duplex addressed as 5128 Grouse Lane. Prior to the demolition of this property, an asbestos inspection is required. Crestone Building Company hired HealthSafe Inspections, Inc. (hereinafter, HealthSafe) to perform the required asbestos inspection for an unlimited, exterior and interior asbestos inspection for the demolition and disposal of the structure. Note: this report is not intended for estimating purposes. Measurements provided in this report are for the sole purpose of determining numbers of samples required per suspect material. Contractors or subcontractors will have to do their own surveys and inspections for their own estimating. 3 VISUAL INSPECTION & LABORATORY FINDINGS An inspection was conducted by Jim Baker of HealthSafe on July 5, 2018 with the President/Owner of Crestone Building Company present during the initial survey. All interior and exterior suspect ACM/ACBM were identified and sampled. Samples of each homogeneous miscellaneous material were collected in opposite diagonal corners or opposite sections or rooms; in the case of surfacing materials, samples were collected randomly—considering different sections of walls and ceilings and different rooms or locations where each homogeneous material was applied. No two samples were collected next to the other. This inspector did his best to get a broad representative of each homogeneous miscellaneous and surfacing material without bias of locations. Those materials collected and analyzed by PLM analysis are the following: 1. Laundry Sheet Vinyl: a homogeneous miscellaneous flooring material requiring at least two samples [samples 1-2: LNDR-SV-1,2]. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 2. Acoustic “Popcorn” Surfacing Material/Texture: a homogeneous spray-applied surfacing material/texture [samples 3-5: F1-STR-PC-1,2,3]. This ceiling surfacing material/texture is on ceilings of the third-floor master bedroom, the lower stairwell and under-stair closet and the basement floor northwest bedroom. The estimated surface area is more than 10 sf, but less than 1,000 sf (400sf), requiring a minimum of at least three surfacing/texture material samples. The samples were collected from the third-floor master bedroom ceiling, lower stairwell and the basement NW bedroom. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 3. Orange Peel Surfacing Material/Texture: a homogeneous spray-applied surfacing material/texture [samples 6-12: F1-3-OP-T-1,2,3,4,5,6,7]. This surfacing material/texture is on certain ceilings and most walls of all three floor levels of the east duplex. The estimated surface area is less than 5,000 sf, requiring a minimum of at least five surfacing/texture material samples, but seven were collected due to the various floor levels. The AHERA random sampling grid #15 was used to determine sampling areas with samples taken from all floor levels. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 4. Joint Compound: a homogeneous miscellaneous seam taping compound requiring at least two samples [samples 13-14: F1-3-OP-JC-1,2]. Sample 13 was taken from the lower stairwell mid landing area and sample 14 from the under- stair storage closet east wall. The PLM analytical estimated results: NONE DETECTED. 5. Gypsum Wallboard/Drywall System: a homogeneous taped and joint compounded drywall system with gypsum wallboard panels, trowel-applied joint compound and tape (classified as a miscellaneous material as a complete integral system) [samples 15-16: F1-3-OP-J-1,2]; these composite layered taped and joint compounded drywall materials are on ceilings and walls of the first through third floors. Sample 15 was taken from the kitchen pantry closet and sample 16 from the master bedroom closet south wall. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 4 6. Bathrooms Flat-Finish Surfacing Material/Texture: a homogeneous trowel- applied surfacing material/texture [samples 17-19: F1-3-BTHS-F-T-1,2,3, sic. FL- 3…]. This surfacing material/texture is on ceilings and walls of the three bathrooms of each floor level. The estimated surface area is more than 10 sf, but less than 1,000 sf (300 sf), requiring a minimum of at least three surfacing/texture material samples. One sample was taken from each bathroom wall or ceiling. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 7. Bathrooms Joint Compound: a homogeneous miscellaneous seam taping compound requiring at least two samples [samples 20-21: F1-3-BTHS-F-JC-1,2, sic. FL-3…]. The PLM analytical estimated results: NONE DETECTED. 8. Bathrooms Gypsum Wallboard/Drywall System: a homogeneous taped and joint compounded drywall system with gypsum wallboard panels, trowel-applied joint compound and tape (classified as a miscellaneous material as a complete integral system) [sample 22: F1-3-C/W-J-1,2]; these composite layered taped and joint compounded drywall materials are on ceilings and walls of the three bathrooms, one on each floor level. The composite sample was collected from the third-floor master bathroom behind the door. The EPA 600 method PLM analytical estimated results: NONE DETECTED. 9. Exterior Siding Tar Paper: a homogeneous miscellaneous material requiring at least two samples [samples 23-24: X-TP-1,2]. This material is homogeneous to the whole duplex exterior. The EPA 600 method PLM analytical estimated results: NONE DETECTED. There were no other additional suspect asbestos building materials to sample which were slated to be demolished and disposed of. A total of 24 suspect homogeneous ACM/ACBM bulk samples were collected and 24 samples were analyzed. The bulk samples were analyzed by EPA 600 PLM analytical methods by a NVLAP accredited laboratory in accordance with Colorado State Regulation 8 for the presence of asbestos mineral fibers. There is NO asbestos in all 24 samples analyzed. See supporting Hayes Microbial Consulting, Inc. data report #18021192. HEALTHSAFE CONCLUSIONS • There is NO asbestos in any of the suspect building materials slated to be demolished and disposed of in the landfill. NO asbestos abatement will be required. All building materials can be dealt with without the concerns for asbestos fibers. All building waste and debris can be disposed of in any landfill which accepts normal, non-hazardous building waste. Sincerely Submitted, Jim Baker 5 COLORADO & FEDERAL ASBESTOS REGULATIONS SUMMARY Regulation No. 8 Part B – Asbestos of the Colorado Department of Public Health and Environment (CDPHE), Air Quality Control Commission requires a State-certified Asbestos Building Inspector to inspect and collect bulk samples of all suspect asbestos containing materials (ACM) or suspect asbestos containing building materials (ACBM) prior to their disturbance, removal or demolition and disposal. The suspect materials shall be analyzed by a NVLAP accredited laboratory by polarized light microscopy (PLM) using EPA 600 analytical method. A material which is estimated to contain more than 1% asbestos is classified as ACM/ACBM and regulated by the State and Federal governments. Any friable (able to crush or reduce to powder by finger pressure) asbestos with trace amounts of asbestos fibers or less than 1% must be point-counted using EPA 400 analytical method to prove that it is indeed less than 1%; if not, it must be classified as ACM/ACBM and shall be treated as a State and Federal regulated material. Any friable asbestos containing material (greater than 1% asbestos concentration) or ACM/ACBM that could be rendered friable during its removal or demolition and disposal shall require an asbestos abatement by a certified asbestos abatement contractor to remove and dispose of the material(s). A Colorado State (CDPHE) issued asbestos abatement permit is required for the following trigger levels of ACM/ACBM: 1. Residential buildings of four or fewer units--if more than 32 square feet of any surface coverage (e.g., gypsum wallboard or drywall and associated applied surfacing materials/textures, acoustic sprays, joint compounds, plaster, etc.), 50 feet of asbestos covered or asbestos insulated pipe or any material which would fill a 55-gallon drum is going to be disturbed, removed or disposed of, an asbestos abatement permit is required. 2. Residential complexes with more than four residential units, public access areas to a residential building, commercial and retail buildings, public and civic buildings, industrial buildings--if more than 160 square feet of surfacing materials, 260 linear feet or more than 35 cubic feet (NESHAP) or 55-gallon drum (CDPHE) of suspect ACM/ACBM is going to be disturbed, removed or disposed of, an asbestos abatement permit is required under NESHAP and by the CDPHE. See note below on OSHA. The regulations require an absolute minimum of 3 samples (EPA suggests 9) per homogenous suspect surfacing and TSI materials and an absolute minimum of 2 samples of homogenous miscellaneous materials or any number of “samples sufficient to determine whether a material is ACM” (Reg8.IV.D.3). More samples are required based on surface area or volume. These are minimums; the asbestos building inspector has the field responsibility to determine homogenous materials and the number of samples to collect per material; more than the minimum number of samples may be necessary at the 6 discretion of the inspector. An assessment of friability and functional space conditions of the materials are also the inspector’s field responsibilities. OSHA compliance is required for all employers and employees no matter the quantity of asbestos present with strict regulations regarding 10 sf or more of TSI or friable surfacing materials, and therefore it does not matter what the quantity or State trigger levels are: all suspect ACM/ACBM shall be inspected and tested for asbestos prior to their disturbance, removal and disposal for worker protection and safety. See EPA 40 CFR 763.121 Worker Protection Rule, OSHA 29 CFR 1910.134 Respirator Protection Standard, OSHA 29 CFR 1910.1001 General Industry Standard and OSHA 29 CFR 1926.1101 Construction Standard regulations when dealing with asbestos hazards. Note: County or City regulations may be more stringent. HMC #18021192 contact@hayesmicrobial.com http://hayesmicrobial.com/ Analysis Report prepared for HealthSafe Inspections 390 Apple Drive Basalt, CO. 81621 USA Phone: 970-920-2100 Job Name: Stan Jeranko C/O Crestone Construction 5130 Grouse Ln. Vail, CO 81657 Date Sampled: 07-05-2018 Date Analyzed: 07-13-2018 Report Date: 07-13-2018 EPA Laboratory ID# VA01419 NVLAP Lab Code: 500096-0 Asbestos License: 300435 License: #PH-0198 Page 1 of 6 HMC #18021192 HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA July 13, 2018 Client Job Number: Client Job Name: Stan Jeranko C/O Crestone Construction 5130 Grouse Ln. Vail, CO 81657 Dear HealthSafe Inspections, We would like to thank you for trusting Hayes Microbial for your analytical needs. On July 6, 2018 we received 24 samples by FedEx for the job referenced above. 24 samples were received in good condition. The results in this analysis pertain only to this job, collected on the stated date and should not be used in the interpretation of any other job. This report may not be duplicated, except in full, without the written consent of Hayes Microbial Consulting, LLC. This laboratory bears no responsibility for sample collection activities, analytical method limitations, or your use of the test results. Interpretation and use of test results are your responsibility. Any reference to health effects or interpretation of mold levels is strictly the opinion of Hayes Microbial Consulting. In no event, shall Hayes Microbial Consulting or any of its employees be liable for lost profits or any special, incidental or consequential damages arising out of your use of the test results. Steve Hayes, BSMT(ASCP) Laboratory Director Hayes Microbial Consulting, LLC Page 2 of 6 HMC #18021192 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name: Stan Jeranko C/O Crestone Construction 5130 Grouse Ln. Vail, CO 81657 Date Collected: Date Received: Date Reported: 07/05/2018 07/06/2018 07/13/2018 # Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 1 1 LNDR-SV-1 Vinyl / White (None Detected) (None Detected) 100 % Layer 2 LNDR-SV-1 Adhesive / Tan (None Detected) (None Detected) 100 % 2 2 LNDR-SV-2 Vinyl / White (None Detected) 20 % Cellulose fibers 80 % 3 3 F1-STR-PC-1 Texture / White (None Detected) (None Detected) 100 % 4 4 F1-STR-PC-2 Texture / White (None Detected) 12 % Cellulose fibers 88 % 5 5 F1-STR-PC-3 Texture / White (None Detected) 3 % Cellulose fibers 97 % 6 6 F1-3-OP-T-1 Texture / White (None Detected) (None Detected) 100 % 7 7 F1-3-OP-T-2 Texture / White (None Detected) (None Detected) 100 % 8 8 F1-3-OP-T-3 Texture / White (None Detected) (None Detected) 100 % 9 9 F1-3-OP-T-4 Texture / White (None Detected) (None Detected) 100 % 10 10 F1-3-OP-T-5 Texture / White (None Detected) (None Detected) 100 % Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 3 of 6 HMC #18021192 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name: Stan Jeranko C/O Crestone Construction 5130 Grouse Ln. Vail, CO 81657 Date Collected: Date Received: Date Reported: 07/05/2018 07/06/2018 07/13/2018 # Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 11 11 F1-3-OP-T-6 Texture / White (None Detected)(None Detected) 100 % 12 12 F1-3-OP-T-7 Texture / White (None Detected) (None Detected) 100 % 13 13 F1-3-OP-JC-1 Brittle / White (None Detected) (None Detected) 100 % 14 14 F1-3-OP-JC-2 Brittle / White (None Detected) 15 % Cellulose fibers 85 % Notes: Insufficient For Accurate Analysis 15 15 F1-3-OP-J-1 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 F1-3-OP-J-1 Joint Compound / White (None Detected) (None Detected) 100 % 16 16 F1-3-OP-J-2 Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 F1-3-OP-J-2 Joint Compound / White (None Detected) (None Detected) 100 % 17 17 FL-3-BTHS-F-T-1 Texture / White (None Detected) (None Detected) 100 % 18 18 FL-3-BTHS-F-T-2 Texture / White (None Detected) (None Detected) 100 % Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 4 of 6 HMC #18021192 EPA 600/R-93, M-4/82-020 (PLM)HealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 Job Number: Collected by: Email: Jim Baker healthsafeinspections@gmail.com Job Name: Stan Jeranko C/O Crestone Construction 5130 Grouse Ln. Vail, CO 81657 Date Collected: Date Received: Date Reported: 07/05/2018 07/06/2018 07/13/2018 # Sample Name Description Asbestos Fibers Other Fibers Non- Fibers 19 19 FL-3-BTHS-F-T-3 Texture / White (None Detected) (None Detected) 100 % 20 20 FL-3-BTHS-F-JC-1 Texture / White (None Detected) (None Detected) 100 % 21 21 FL-3-BTHS-F-JC-2 Brittle / White (None Detected) (None Detected) 100 % 22 22 F1-3-BTHS-F-J Drywall / White/Brown (None Detected) 12 % Cellulose fibers 88 % Layer 2 F1-3-BTHS-F-J Joint Compound / (None Detected) (None Detected) 100 % 23 23 X-TP-1 Vinyl / Brown (None Detected) 65 % Cellulose fibers 35 % 24 24 X-TP-2 Fibrous / Black (None Detected) 55 % Cellulose fibers 45 % Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 5 of 6 HMC #18021192 Asbestos - Additional InformationHealthSafe Inspections 390 Apple Drive Basalt, CO81621 USA Phone: 970-920-2100 All samples were received in acceptable condition unless otherwise noted on the report. The Report must not be used by the client to claim product certification, approval, or endorsement by: AIHA, NIST, NVLAP NY ELAP, or any agency. The results relate only to the items tested. The results include an inherent uncertainty of measurement associated with estimating percentages by polarized light microscopy. Measurement uncertainty data can be provided when requested. None detected: Below the detected reporting limit of 1% unless point counting is performed, then the detected, reporting limit is .25%. Per NY ELAP198.6 (NOB) TEM is the only reliable method to declare an NOB material as Non-Asbestos Containing. Hayes Microbial Consulting reserves the right to dispose of all samples after a period of 60 days in compliance with state and federal guidelines. Signature: Date: 07/13/2018 Reviewed by: Date: 07/13/2018 Page 6 of 6 ACTION FORM Design Review Board (DRB) Department of Community Development 75 South Frontage Road West Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Jeranko Residence 2018 Application Number: DRB18-0185 Application Type: New Construction Date Applied: 05/14/2018 Project Description: BOTH HALVES OF THE EXISTING DUPLEX LOT ARE OWNED BY ONE OWNER. IT IS THE OWNER'S INTENTION TO COMPLETELY DEMOLISH THE EXISTING SMALL DUPLEX AND BUILD A NEW AND IMPROVED MODERN DUPLEX RESIDENTIAL STRUCTURE ON THE SITE. THE EXISTING LOT- SPLIT LINE WILL BE ABANDONED AND A NEW LOT-SPLIT LINE WILL DEFINE A NEW PARCEL A AND PARCEL B. THERE WILL BE ACCESS FROM TWO LOCATIONS. HOUSE A ON PARCEL A WILL BE ACCESSED FROM THE END OF THE COULDESAC ON GROUSE LANE USING THE SAME DRIVEWAY PAN WIDTH AS THE PREVIOUS DRIVEWAY. HOUSE B ON PARCEL B WILL BE ACCESSED FROM THE ERW&SD; ACCESS ROAD WITH PERMISSION FROM AN EXISTING ACCESS EASEMENT AGREEMENT FOR PARCEL B. THE DUPLEX HALVES ARE SEPERATED BY A 1 HR SEPARATION PARTY WALL ONLY. THE DESIGN OF THE HOUSE RESPONDS TO THE STEEP SITE, SWEEPING VIEWS, NEIGHBOR PRIVACY, GORE CREEK ADJACENCY, AND MOUNTAIN MODERN STYLE. CONTACTS Contact Type: Applicant Full Name: John G Martin, Architect (John Martin) Address: John G Martin, Architect PO Box 4701 Eagle, CO 81631 Phone: 9703280592 Contact Type: Property Owner Full Name: JERANKO, STANLEY L. & KAREN D. Address: Phone: None Contact Type: Property Owner Full Name: JERANKO, STANLEY L. & KAREN D. Address:11357 RANCH RESERVE PKWY DENVER, CO 802342529 Phone: None Project Address:5128 GROUSE LN B (209918212010)|5128 GROUSE LN A (209918212009 A) (209918212009) Job Site Location: A Legal Description: Subdivision: GORE CREEK SUBDIVISION Lot: 8 Block: 1 Parcel Number: 209918212009 BOARDS/STAFF ACTION Motion By: Campbell Action: Approved Second By: Cope Vote: 3-0-0 Date: 07/18/2018 Conditions: - Approval of this project shall lapse and become void one (1) year following the date of final approval, unless ACTION FORM Design Review Board (DRB) Department of Community Development 75 South Frontage Road West Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Jeranko Residence 2018 Application Number: DRB18-0411 Application Type: Change to Approved Date Applied: 08/17/2018 Project Description: CHANGE TO APPROVED PLANS - CHIMNEYS AND MISC CONTACTS Contact Type: Applicant Full Name: John G Martin, Architect (John Martin) Address: John G Martin, Architect PO Box 4701 Eagle, CO 81631 Phone: 9703280592 Contact Type: Property Owner Full Name: JERANKO, STANLEY L. & KAREN D. Address: Phone: None Project Address: 5128 GROUSE LN A (209918212009 A) (209918212009) Job Site Location: A Legal Description: Subdivision: GORE CREEK SUBDIVISION Lot: 8 Block: 1 Parcel Number: 209918212009 BOARDS/STAFF ACTION Motion By: Action: Staff Approved Second By: Vote: Date: 08/20/2018 Conditions: - Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3 Appeals. - Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail building personnel prior to construction activities. - Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: Jonathan Spence TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2018 SUBJECT: A request for the review of variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. (PEC18-0026) Applicants: Stanley & Karen Jeranko, represented by Martin Manley Architects Planner: Justin Lightfield I. SUMMARY The applicants, Stanley and Karen Jeranko, represented by Martin Manley Architects, are requesting the review of variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane. Based upon staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval with one condition, of this application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Stanley and Karen Jeranko, represented by Martin Manley Architects, are requesting a variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code to allow for the construction of a new two-family residence. Section 12- 6C-10 states: At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10') (width and length) with a minimum area not less than three hundred (300) square feet. The requested variance would be a deviation of approximately 388 sq. ft. from the minimum landscape requirement of 10,153 sq. ft. The variance request is primarily a result of an existing Eagle River Water and Sanitation District access and utility road within the applicants’ lot. The access road totals 2,500 sq. ft. on the subject site and is located to the east of the proposed two-family residence. The easement is 25 feet in width and accommodates a 20-foot wide hard surface road which serves as access to the adjacent properties (Lot 3, Lot 4 and Lot 5, Lot 7, and Lot 8B) and Eagle River Water and Sanitation District water facility. The existing access road totals 2,500 sq. ft. or 15% of the site area, thereby reducing the amount of land available for landscaping. The subject site is currently split with Parcel A (0.1748 acres) to the south and Parcel B (0.2127 acres) to the north. Within Parcel B, the average width of the access road is 20 feet and totals an area of 1,500 sq. ft. Since there is no access to residential units south of Parcel B, the road narrows to an average of 10 feet in width and totals an area of approximately 1,000 sq. ft. within Parcel A of the subject site. For zoning purposes, the entire development lot is used to determine minimum lot area, site coverage, GRFA and landscaping requirements. A vicinity map (Attachment A), applicants’ project narrative (Attachment B), plan set (Attachment C), Final Plat, A Resubdivision of Lot 8, Block 1, Gore Creek Subdivision (Attachment D), Access and Utility Easement (Attachment E), Gore Creek Subdivision (Attachment F), and site photos (Attachment G) are attached for review. III. BACKGROUND Based on staff’s research, the specific boundaries of a 20 foot roadway easement were established with the recording of Gore Creek Subdivision on October 16, 1969 (Reception No. 111711). The access road begins between Lots 4 and 5 and ends at the Eagle River Water and Sanitation District water facility. A note indicates a 20 foot roadway easement on the west side of high-water line of the creek. On December 17, 1974 the subject property was annexed into the Town of Vail, via Ordinance No. 31, Series of 1974. This annexation included the eastern portion of the Bighorn area. A two-family dwelling was constructed on the subject property in 1979. On June 28, 1999, the Planning and Environmental Commission reviewed two (2) variance requests for 5166 Black Gore Drive/Lot 4, Block 1, located to the northeast of the subject property. The two (2) variance requests included a request for a minor subdivision to consolidate two existing lots (Lot 4 and 5) in East Vail through the vacation of a contiguous property line and a request for a variance from the required right-of-way widths for feeder roads (access 4 or more units) of 40 feet. At the time, adjacent properties, including Eagle River Water and Sanitation District, were accessed via a gravel road located just west of Gore Creek on Lot 5. The applicant requested a variance from the Code in order to establish an access easement width of 25 feet. Town of Vail Page 2 The purpose of the access easement was to relocate an old access road along the eastern lot line of the existing Lot 4. The road was granted a temporary easement for its construction in 1980, but had no recorded easement. On June 28, 1999, the Planning and Environmental Commission voted 7-0 to approve the two (2) variance requests for a minor subdivision to vacate a common lot line creating a new lot, and a variance to allow for the establishment of an access easement less than 40’ in width. On September 30, 1999, the access and utility easement was recorded by Eagle River Water & Sanitation District (ERWSD), Lot 3 Owner, Lot 4 and Lot 5 Owner, Lot 7 Owner, and Lot 8B Owner (collectively, the Lot Owners). Currently, the asphalt access road, shown in Attachment E, travels through four (4) separate properties, which takes its access off of Black Gore Drive between Lot 3 and Lot 4, then crosses Lot 7, and ends at Lot 8B (the northern half of Lot 8). The easement is 25 feet in width and accommodates a 20-foot wide hard surface road which serves as access to the Eagle River Water and Sanitation District water facility. The road has been designed to accommodate vehicular requirements (large trucks) of the Eagle River Water and Sanitation District. The applicants Stanley & Karen Jeranko, represented by Martin Manley Architects, are proposing to construct a new two-family residence at 5128 Grouse Lane. The applicants’ proposal for a new two-family residence meets the requirements of the Town Code with the exception of the landscaping requirements of Section 12-6C-10, Landscaping and Site Development. It is important to note the applicant spoke with Eagle River Water & Sanitation District about the potential of access reclamation to reduce the pavement on the western and eastern edges of the access road, which would help the applicant meet their landscaping requirements. Eagle River Water & Sanitation District stated they are opposed to the reduction of asphalt due to needing all of the existing 25’ width for semi- trucks that make deliveries to the water facility and for snow plowing and snow storage needs. The applicant believes that the existing access road restricts their ability to fully comply with the landscaping requirements of the Two-Family Residential Zone District. The application was conceptually reviewed Design Review Board at their June 6, 2018 meeting and the final design review is scheduled for July 18, 2018. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12 – Zoning Regulations, Vail Town Code Chapter 2, Definitions (in part) Town of Vail Page 3 12-2-2: DEFINITIONS OF WORDS AND TERMS: LANDSCAPING: Natural or significant rock outcroppings, native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, shall be deemed landscaping together with the core development such as walks, decks, patios, terraces, water features, and like features not occupying more than twenty percent (20%) of the landscaped area. Chapter 6, Article C, Two-Family Residential (R) District (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single- family or two-family residential uses, together with such public facilities as may be appropriately located in the same zone district. The two-family 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. 12-6C-10: LANDSCAPING AND SITE DEVELOPMENT At least sixty percent (60%) of each site shall be landscaped. The minimum of any area qualifying as landscaping shall be ten feet (10') (width and length) with a minimum area not less than three hundred (300) square feet. Chapter 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 zone 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 Town of Vail Page 4 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 zone 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. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 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. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 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. 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 following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or Town of Vail Page 5 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 generally apply 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. V. ZONING AND SITE ANALYSIS Address: 5128 Grouse Lane Legal Description: Gore Creek Subdivision, Block 1, Lot 8 Existing Zoning: Two-Family Residential Existing Land Use Designation: Low Density Residential Mapped Geological Hazards: 100 Year Floodplain Development Standard Allowed / Required Existing Proposed Change Site Area 15,000 SF of Buildable Area 16,923.06 SF Total of Site Area No Change Setbacks Front – 20’ Sides – 15’ Rear – 15’ Front (West): 4’-3” Side (South): 7’-3” Side (North): 12’ Rear (East): 63’-6” Front (West): 21’-6” Side (South): 15’-6” Side (North): 16’ Rear (East): 46’-6” Front (West): +17’-3” Side (South): +8’-3” Side (North): +4’ Rear (East): -17’ Building Height Flat Roof – 30’ Sloping Roof – 33’ 30’-0” (Flat Roof) 32’-10” (Sloping Roof) +2’-10” Density (DUs) Max. 2 2 2 No Change Density (GRFA) 6,750 SF 3,102 SF 6,634 SF +3,532 SF Site Coverage Max. 20% (3,384.6 SF)1,736 SF 3,382 SF +1,646 SF Landscaping Min. 60% (10,153.8 SF) 74% (12,477 SF) 58% (9,765 SF)(-16%) Parking & Loading 6 parking spaces 4 7 +3 VI. SURROUNDING LAND USES AND ZONING Existing Land Use: Zoning District: North: Low Density Residential Two-Family Residential (R) South: Low Density Residential Two-Family Residential (R) East: Low Density Residential Natural Area Preservation (NAP) West: Low Density Residential Two-Family Residential (R) Town of Vail Page 6 VII. REVIEW CRITERIA The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances, Vail Town Code. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The applicants’ are proposing a landscape variance to allow for the construction of a new two-family residence. Due to the location of the existing access easement, staff believes the landscaping variance request allows this development to be compatible with and comparable to the surrounding development in the area. The requested landscape variance will have minimal to no impact on other existing or potential uses and structures in the vicinity of the subject site. Staff finds the proposed variance meets this criterion. 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. A similar landscape variance was granted by the Planning and Environmental Commission on April 23, 2001 at 383 Beaver Dam Road, where a Town of Vail road crossed onto private property. The total area of encroachment was 2,861 sq. ft. or 18% of the site area. A landscape variance was granted for 944 sq. ft. The Planning and Environmental Commission stated that they could support the variance because without the road running across the property, the proposed residence would not have needed a landscape area variance. The situation in this case is similar – there would be no need for a variance if the Eagle River Water and Sanitation District access road did not cross through Lot 8. The Code requires at least 60% of each site shall be landscaped, and the variance proposal is 58% landscaping. Staff believes that it is necessary to receive relief from the landscaping regulation to achieve compatibility and uniformity of treatment of the applicants’ lot and to attain the objectives of the Code. Staff does not believe that the granting of the requested landscaping variance will be a grant of special privilege, as similar variances were granted in the past by the Planning and Environmental Commission. Staff finds the proposed variance meets this criterion. 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. Town of Vail Page 7 The proposed variance will not result in a negative impact on light and air; will not alter the distribution of population; will not affect any existing transportation or traffic facilities, public facilities, or utilities; and will not affect public safety in comparison to existing conditions. Staff finds the proposed variance meets this criterion. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Staff finds the proposed variance meets this criterion. 5. Such other factors and criteria as the commission deems applicable to the proposed variance. VIII. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission approve, with one condition, variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation of 388 sq. ft. from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission pass the following motion: “The Planning and Environmental Commission approves the applicants’ request for variance from Section 12-6C-10, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deviation of 388 sq. ft. from the sixty percent (60%) landscaping requirement, located at 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to approve, with one condition, this variance request, the Community Development Department recommends the Commission applies the following condition: “Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal.” Town of Vail Page 8 Should the Planning and Environmental Commission choose to approve, with one condition, this variance, the Community Development Department recommends the Commission make the following findings: “Based upon the review of the criteria outlined in Section VII of the staff memorandum to the Planning and Environmental Commission dated July 9, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family Residential (R) District; 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation will result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code; b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variances that do not apply generally to other properties in the Two-Family Residential (R) District; and c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicants of privileges enjoyed by the owners of other properties in the Two-Family Residential (R) District.” IX. ATTACHMENTS A. Vicinity Map B. Project Narrative, dated May 29, 2018 C. Plan Set, dated May 28, 2018 D. Final Plat, A Resubdivision of Lot 8, Block 1, Gore Creek Subdivision, dated October 23, 1991 E. Eagle River Water & Sanitation District Access and Utility Easement, dated September 30, 1999 F. Gore Creek Subdivision, recorded on October 16, 1969, with the Reception No. 111711 G. Site Photos Town of Vail Page 9