HomeMy WebLinkAbout1987-05-05 Support Documentation Town Council Work Session
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, MAY 5, 1987
7:30 p.m.
AAGENDA
1. Consent Agenda
A. Approval of April 7 and 21, 1987 Meetings Minutes
B. Ordinance No. 11, Series of 1987, second reading, an ordinance establishing
the Town of Vail health insurance agency account.
C. Resolution No. 19, Series of 1987, a resolution authorizing the filing of
all applications with the Department of Transportation, United States of
America, for planning, capital, training, demonstration, and/or operating
assistance grants under the Urban Mass Transportation Act of 1964, as
amended.
2. Ordinance No. 13, Series of 1987, first reading, an ordinance authorizing the
issuance of Town of Vail, Colorado, West Vail Local Improvement District No. 1,
special assessment bonds, dated June 1, 1987, in the aggregate principal amount
of $525,000, for the purpose of paying a portion of the cost of constructing
and installing improvements therein; prescribing the form of the bonds;
providing for the payment of the bonds and the interest thereon; and making
provision for other matters relating thereto.
3. Ordinance No. 14, Series of 1987, first reading, an ordinance amending
Ordinance No. 1, Series of 1985 to provide for the amendment of the approved
development plan for Special Development District No. 6; adopting an amended
development plan for Phase IU of Special Development District 6; eliminating
certain requirements relating to the distance between buildings for Phase IU of
Special Development District 6; changing the height requirements for Phase IV
of Special Development District 6; changing the allowable density and modifying
the building bulk standards for Phase IU of Special Development District 6; and
setting forth details in regard thereto.
4. Appeal of Planning and Environmental Commission's Decision to Approve a Side
Setback Variance for the Tennenbaum Residence.
5. Vail Transportation and Parking Task Force Interim Report
CITIZEN PARTICIPATION
6. Town Manager's Report
7. Adjournment
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, MAY 5, 1987
7:30 p.m.
EXPANDED AGENDA
7:30 1. Consent Agenda
A. Approval of April 7 and 21, 1987 Meetings Minutes
B. Ordinance No. 11, Series of 1987, second reading,
Charlie Wick establishing a Town of Vail Health Insurance Trust Fund
Action Requested of Council: Approve/deny Ordinance
No. 11, Series of 1987, on second reading.
Background Rationale: The Town of Vail's health plan
has an escrow fund account set up at the First Bank of
Vail via escrow agreement requirements with the
insurer. In order to have the monies in the escrow
account recorded as Town assets we need to establish an
agency fund which serves the purpose of a clearing
account.
' Staff Recommendation: Approve Ordinance No. 11, Series
of 1987, on second reading.
C. Resolution No. 19, authorizing the filing of
Stan Berryman applications with the Dept. of Transportation for
financial assistance.
Action Requested of Council: Approve/deny Resolution
No. 19, Series of 1987.
Background Rationale: The resolution is required
before the filing of UMTA Grant Applications for
financial assistance will be accepted.
Staff Recommendation: Approve Resolution No. 19,
Series of 1987.
7:35 2. Ordinance No. 13, Series of 1987, first reading, authorizing
Charlie Wick the issuance of Town of Vail, West Vail Local Improvement
District No. 1, Special Assessment Bonds
Action Requested of Council: Approve/deny Ordinance No. 13,
Series of 1987, on first reading.
Background Rationale: The bond ordinance is necessary in
order for the Town to issue the bonds for the West Vail
Local Improvement District.
Staff Recommendation: Approve Ordinance No. 13, Series of
1987, on first reading.
7:40 3. Ordinance No. 14, Series of 1987, first reading, amending
Tom Braun SDD #6 (Vail Village Inn) and requesting approval to phase
the construction of the remaining phase of the project
Action Requested of Council: Approve/deny Ordinance No. 14,
Series of 1987, on first reading.
Background Rationale: See enclosed memorandums. Staff Recommendation: Deny Ordinance No. 14, Series of
1987, on first reading. Staff is unable to support this
project as presently proposed; please refer to the enclosed
memorandums for more information.
8:00 4. Appeal of Planning & Environmental Commission's Decision to
Rick Pylman approve a Side Setback Variance for the Tennenbaum Residence
Action Requested of Council: Uphold or overturn PEC
approval of a side setback request.
Background Rationale: The PEC approved a side setback
variance for the Tennenbaum residence on 4/20/87. The
Council called up the matter for further.hearing.
• Staff Recommendation: Staff recommendation to PEC was for denial of the setback. Staff recommends that Council
' overturn thee PEC approval.
8:15 5. Vail Transportation and Parking Task Force Interim Report
Stan Berryman
Background Rationale: Review the Task Force report and
recommendations for concurrence or modification.
Background Rationale: The Task Force met on March 5 and
April 9 to discuss a number of parking, loading and
transportation issues. The interim report summarizes the
Task Force recommendations regarding the issues discussed.
Staff Recommendation: Approve the Task Force
- recommendations.
CITIZEN PARTICIPATION
6. Town Manager's Report
7. Adjournment
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MINUTES
VAIL TOWN COUNCIL MEETING
APRIL 7, 1987
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 7, 1987, at 7:30
p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Paul Johnston, Mayor
Kent Rose, Mayor Pro Tem
Eric Affeldt
Gail Wahrlich-Lowenthal
Gordon Pierce
John Slevin
MEMBERS ABSENT: Hermann Staufer
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was a consent agenda for resolutions honoring ski and
hockey teams for winning the State Championships:
A. Resolution No. 13, Series of 1987, honoring the Battle Mountain High School
Gi rl s' Ski Team.
B. Resolution No. 15, Series of 1987, honoring the Vail Squirts Hockey Team.
C. Resolution No. 16, Series of 1987, honoring the Vail High School Hockey
- Team.
D. Resolution No. 17, Series of 1987, honoring the Vail Pee Wees Hockey Team.
There was no discussion by Council or the public. Gail Wahrlich-Lowenthal made a
motion to approve the resolutions, which was seconded by Kent Rose. A vote was taken
and the motion passed unanimously 6-0. Mayor Johnston invited each group to come
forward and be recognized and passed out copies of the resolutions to team members.
He then stated how proud the Town was of all of them and wished them the best.
The second item was approval of the March 3 and 17, 1987 minutes. One correction on
the March 3, 1987 minutes was noted. The next to last paragraph stated there was a
motion but no second or notation of a vote. Kent Rose moved to approve both sets of
minutes with the above correction, with this motion seconded by Gordon Pierce. A vote
was taken and the motion passed unanimously 6-0.
The third item for discussion was Resolution No. 11, Series of 1987, a second
resolution regarding the proposed annexation of East Intermountain into the Town of
Vail. Larry Eskwith gave a brief background on the resolution. He first swore Pam
Brandmeyer, Town Clerk of the Town of Vail. She testified she published the notice of
the hearing and had proof of the publication, which became Exhibit 1. He then had Dan
Corcoran, owner of Eagle Ualley Engineering and Surveying, sworn. Mr. Corcoran stated
the plat was correct and one-sixth of the boundary of the land to be annexed was
contiguous to the Town of Vail. Lastly, Bobbi Salzman, a resident in the area to be
annexed, was sworn. She stated she believed there to be a community of interest in
being annexed, the area was urban and after reviewing the map, stated there were no
other annexation proceedings to any other area. There was no discussion by Council or
the public. Gordon Pierce moved to pass this resolution, with a second coming from
John Slevin. A vote was taken and the motion passed unanimously 6-0.
Next on the agenda was Resolution No. 12, Se'ries of 1987, relating to the annexation
of the area known as the Valley. Larry asked Pam Brandmeyer, still sworn, for
publications of the public hearings, which became Exhibit 2. He then had Dan
Corcoran, still sworn, to testify. Mr. Corcoran stated the plat had been prepared by
his office by a licensed surveyor and that one-sixth of the boundary of the land to be
annexed was contiguous to the Town of Vail. Larry then had Peter Feistman, a private
investor and resident of the area to be annexed, sworn. He stated he thought the area
was capable of being integrated into the Town of Vail, the area was urban, and after
having reviewed the map, that all criteria had been met and there were no other
annexation proceedings to any other area in progress. Larry stated this concluded his
evidence on Resolution No. 12, and there was no requirement for election on this
resolution. Gail Wahrlich-Lowenthal requested the title of the resolution be changed
to include the area "the Valley" so it was clear what area this resolution pertained
to. Gail then made a motion to approve the resolution, and John Slevin seconded. A
vote was taken and the motion passed unanimously 6-0.
The fifth item was Ordinance No. 9, Series of 1987, first reading, annexiag the Valley
to the Town of Vail. Mayor Johnston read the title in full. Larry Eskwith gave
background information and that over 50% of the resident landowners in the area had
signed the petitions, so no election was necessary; only two readings of the
ordinance. There was no discussion by the public or Council. A motion to approve the
ordinance was made by Kent Rose and seconded by Gordon Pierce. A vote was taken and
the motion passed 6-0.
Next on the agenda was Ordinance No. 10, Series of 1987, first reading, creating West
Vail Local Improvement District No. 1. Mayor Johnston read the full title of the
ordinance. Larry Eskwith explained the reasoning for the ordinance. He then had Stan
Berryman, Director of the Public Works and Transportation Department for the Town of
Vail, sworn. Stan stated he was familiar with the local improvement district to
improve the streets in the West Vail area. He stated he had conducted public meetings
on May 22, 1985, June 19, 1985, and March 5, 1987 to discuss the proposed
improvements; and the general consensus was approval of the improvement district. He
provided schematic drawings for the area, which became Exhibit 1 and stated the
boundaries and improvements planned. Stan explained that public notices were sent out
March 27, 1987 and April 3, 1987 stating the list of improvements, time schedule and
construction-to be done. Notices were mailed to all 330 affected land owners on March
19 and 20, 1987, along with protest forms. The notices explained the dollar amount
for assessing the cost of improvements and the formula used was by square footage of
lots; the total cost would be $1,020,000 with the Town of Vail's share being $495,000.
Larry then had John Schwartz, an MAI accredited independent fee appraiser, sworn. Mr.
Schwartz noted he was familiar with the area, and that with the improvements to be
constructed, it would give a special benefit to the specific area over and above the
benefit to the Town of Vail. He stated the benefits to be derived by the property
owners in the area would be the same or of greater value than the assessment and that
the assessment formula was fair. Next, Ron Phillips, Town Manager of the Town of
Vail, was sworn. Ron stated he received twelve qualified protests by the deadline of
April 6, 1987 at 5:00 p.m., three unqualified protests received later than the
deadline, and one in letter form but not as a protest, which all became Exhibit 2.
There were no other witnesses called. There was public input at this time. Byron
Brown said he did not object to the district, but stated his concerns. Rod Cleary
stated his objections to the equity of assessment costs. Dave Tyrrell was for the
improvements but not completely happy with the assessments. Marvin Simon explained
his objections and concerns. Thomas Rosan was for the repaving, but felt the Town
should contribute more than half of the cost, and the financing should be part of the
Town's part. Emil Moton explained his problems with the improvement district. Jim
DeVarton voiced his approval of the whole idea and gave reasons why he supports the
project. Karen Schydica felt the Town should pay for the whole project and gave her
reasons. Dick Peterson asked questions to which Stan and Ron responded. Stan, Ron
Phillips and Larry Eskwith answered questions of the Council. Steve Jeffers of
Kirchner Moore addressed the financing of the bonds to be used for the project. Byron
Brown and Dick Peterson had additional comments. Kent Rose made a motion to approve
the ordinance on first reading, and Gail Wahrlich-Lowenthal seconded. Eric Affeldt
stated he would have to oppose the ordinance; he felt the Council would decide on the
type of taxation and yet the staff did it, which he was not happy about. Gordon
Pierce asked if the Council would be addressing this issue in the next two weeks, to
which there was some discussion by Council, Ron Phillips and Stan Berryman. A vote
was taken and the motion passed 4-2, with Eric Affeldt and John Slevin opposing.
The seventh item on the agenda was Resolution No. 14, Series of 1987, adopting the
Town of Vail Transit Development Plan Update 1987-1991. Stan Berryman gave background
information on the item. There was no discussion by the public or Council. A motion
to approve the resolution was made by Eric Affeldt and seconded by Gordon Pierce. A
vote was taken and the motion passed unanimously 6-0.
The next item was action on the new Ford Amphitheater lease. Larry Eskwith stated the
new legal description had not been received from Vail Associates yet, and he wanted to
wait until it has been received before having the lease signed. There was a short
discussion by Council. John Slevin made a motion to approve the lease subject to staff approval of the new legal description, and Kent Rose seconded. Kent also
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stated he would like to see a map with the new legal overlaid. A vote was then taken
and the motion passed unanimously 6-0.
The ninth item for discussion was action on the Concert Hall Plaza license agreement.
Mayor Johnston gave a brief background as to what had been discussed at the Work
Session that day. There was no other discussion by Council or the public. Kent Rose
then made a motion to approve the agreement as presented, which John Slevin seconded.
A vote was taken and the motion passed unanimously 6-0.
There was no Citizen Participation.
Ron Phillips stated he had no Town Manager's report.
There being no further business, the meeting was adjourned at 9:30 p.m.
Respectfully submitted,
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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MINUTES
VAIL TOWN COUNCIL MEETING
APRIL 21, 1987
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 21, 1987, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Paul Johnston, Mayor
Kent Rose, Mayor Pro Tem
Eric Affeldt
Gail Wahrlich-Lowenthal
John Slevin
Hermann Staufer
MEMBERS ABSENT: Gordon Pierce
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was a public hearing on Heritage Cablevision regarding
past performance and future needs. Larry Eskwith explained the process to renew the
franchise for Heritage and the purpose of the public hearing. Kevin Rice, Vice
President of Operations for Heritage Cablevision, gave comments on their
accomplishments and plans for the future. John McIntyre, a lodge owner in
Lionshead, stated his concerns over the lack of selection and number of channels
available. Gene Larson, General Manager of Heritage in Avon, stated Heritage's
tentative plans and the potential in 1988 to give a more selective basic package to
subscribers." Mayor Johnston asked questions regarding local coverage on the 1989
World Alpine Ski Championships, to which Gene Larson responded. Mayor Johnston
stated Heritage should make their willingness known to the Vail Valley Foundation on
supplying the coverage, and he would like to make the coverage a part of the
franchise agreement. There was a lengthy question/answer discussiQn among Council,
Gene Larson and Kevin Rice. Peter Patten asked questions regarding the status of
stereo reception and the shopping program on Channel 12, to which Kevin Rice
responded.
The second item on the agenda was Ordinance No. 9, Series of 1987, second reading,
an ordinance annexing the Ualley to the Town of Vail. Mayor Johnston read the title
in full. Larry Eskwith gave brief background information and stated the ordinance
was identical to what they passed on first reading. There was no discussion by the
public or Council. A motion to approve the ordinance was made by Gail Wahrlich-
Lowenthal and seconded by Kent Rose. A vote was taken and the motion passed
unanimously 6-0.
Next on the agenda was Ordinance No. 10, Series of 1987, second reading, creating
West Vail Local Improvement District No. 1. Mayor Johnston read the full title of
the ordinance. Larry Eskwith explained the reasoning for the ordinance, and that it
had not been changed since first reading. There was no discussion by Council or the
public. Kent Rose made a motion to approve the ordinance on second reading, and
Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed 4-2, with
Eric Affeldt and John Slevin opposing.
The fourth item on the agenda was Ordinance No. 11, Series of 1987, first reading,
establishing the Town of Vail Health Insurance Agency Fund. Charlie Wick noted
three errors to be corrected:
1) In the title, "Insurance Agency Account" to be changed to "Insurance
Agency Fund".
2) In 1., hereby establishes an account to read hereby
establishes a fund
3) In 2., correct a typographical error "requored" to "required".
He then gave a brief explanation of what the ordinance would do. After a short
discussion by Council, a motion to approve the ordinance was made by Hermann Staufer
and seconded by John Slevin. A vote was taken and the motion passed unanimously
6-0.
The next item was Resolution No. 18, Series of 1987, requesting the State Highway
Department to analyze the possibility of reducing the speed limit for large trucks
traveling west over Vail Pass. Dick Duran stated the reasoning for the resolution
and what it would do. There was a brief discussion by Council. Kent Rose requested
the title be shortened to clarify the purpose of the resolution. He suggested it
read "A resolution requesting the Highway Department of the State of Colorado to
conduct a study to determine whether or not the speed limit for large trucks
traveling west bound on Vail Pass should be reduced." Kent Rose then made a motion
to approve the resolution with the title change, which was seconded by Hermann
Staufer. A vote was taken and the motion passed unanimously 6-0.
The sixth item was an appeal of the Planning and Environmental Commission decision
to deny a side setback variance for Parcel A, a resubdivision of Lots 14 and 17,
Block 7, Vail Village First Filing. Rick Pylman stated the Applicant requested the
item be tabled until the next Evening Meeting. Kent Rose made a motion to table the
item, and John Slevin seconded. A vote was taken and the motion passed unanimously
6-0.
The next item for discussion was the appeal of a Design Review Board decision
approving a second unit and garages located on Lot 34, Vail Meadows. Betsy Rosolack
explained what the appeal was for and gave background information. Tom Briner,
architect for the applicant Ron Gerwig, gave an explanation as to the revisions
which had been made from the original design. Mike Reid, an adjoining property
owner, stated his concerns and why he was requesting this appeal. Ron Gerwig
addressed some statements made by Mike Reid, and Tom Briner made additional
comments on how they were within the guidelines of the DRB. Grant Riva, a member of
the Design Review Board, commented why the DRB approved the revised plans. Mike
Reid gave additional reasons why he was appealing the decision. Kathy Warren, also
a member of the Design Review Board, explained why the DRB approved the detached
buildings. After some discussion by Council, Eric Affeldt made a motion to uphold
the DRB decision of April 1. John Slevin seconded. A vote was taken and the motion
passed unanimously 6-0.
At this time, Larry Eskwith brought forward a vacation and abandonment of existing
easement which had been discussed at the Work Session that afternoon. He noted
several changes which had been made for Council's approval. After a short
discussion by Council, Gail Wahrlich-Lowenthal made a motion to approve the vacation
and abandonment, which John Slevin seconded. A vote was taken and the motion passed
unanimously 6-0.
There was no Citizen Participation.
Ron Phillips stated he.had for his Town Manager's report three items of interest.
First, Charlyn Canada, Director of the Library, had turned in her resignation
effective May 15, and that as of yesterday was taking annual vacation leave. Annie
Fox would be the Acting Interim Manager. Next, he noted that compared to 1985 and
1986, 1987 total bus ridership was down seven percent. He stated probable reasons
for this reduction, and that parking structures transactions showed a three percent
increase over last year, but revenues were down one percent. He felt this was due
to the free parking lot the Town had instigated at Ford Park. Lastly, he
distributed to Council a tentative timetable for major projects being done by Public
Works crews. Kent Rose requested a status report once a month like.Council received
the year before, which he found extremely helpful. Hermann Staufer then asked to
see reports on the parking structures figures.
There being no further business, the meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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ORDINANCE N0. 11
Series of 1987
AN ORDINANCE ESTABLISHING THE TOWN OF VAIL HEALTH
INSURANCE AGENCY FUND. '
WHEREAS, the Town of Vail entered into an Escrow Agreement in June of 1984 with
the Lincoln National Life Insurance Company; and
WHEREAS, the Escrow Agreement provides for the establishment and maintenance of
an escrow fund which has been so established; and
WHEREAS, the funds in the escrow fund are not currently accounted as Town
assets; and
WHEREAS, an agency fund needs to be established per the Town Auditor's direction
to serve as the clearing account for these monies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO: 1
1. The Town of Vail hereby establishes a fund to be called the Town of Vail
Health Insurance Agency Fund effective to the inception date of the Escrow
Agreement.
2. Al1 escrow monies required to be maintained by the Town in accordance with
its Escrow Agreement with Lincoln National Insurance Company dated June of 1984
shall be accounted for in said fund.
INTRODUCED, READ AND APPROVED ON FIRST READING THIS 21st day of April ,
1987, and a public hearing shall be held on this ordinance on the 21st day of
April , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full this 21st day of April , 1987.
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1987.
Paul R. Johnston, Mayor
ATTEST: Pamela A. Brandmeyer, Town Clerk
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RESOLUTION H0. 19
SERIES OF 1987
RESOLUTION AUTHORIZING THE FILING OF ALL APPLICATIONS WITH THE
DEPARTMEHT OF TRAKSPORTATION, UNITED STATES OF AMERICA, FOR
PLANNING,- CAPITAL, TRAIHING, DEMONSTRATION, AND/OR OPERATING
ASSISTAKCE CRAKTS UHDER THE URBAN MASS TRANSPORTATIOH ACT OF
1964, AS AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make
grants for mass transportation projects;
WHEREAS, all contracts for financial assistance will impose
certain obligations vpon the application, including the provision
by it of the local project(s) costs;
WHEREAS, it is required by Ehe U.S. Department of Transportation
in accord with the provisions of Title VI of the Civil Rights Act
of 1964, that in connection with the filing of aII applications
for financial assistance, under the Urban Mass Transportation Act
of 1964, as amended, the applicant give an assurance that it will
comply with Title VI of the Civil Rights Act of 1969 and other
pertinent directives and the U.S. Department of Transportation
reqvirements thereunder; and
WHEREAS, it is the goal of the Applicant that minority business
enterprises (disadvantaged business enterprises and women
business enterprises) be utiIized to the fullest extend possible
in connection with aIl projects, and that definitive procedures
shall be established and administered to ensure that minority
6vsiness enterprises shall have the maximum feasible opportunity
to compete for contracts and purchase orders when procurinq
construction contracts, supplies, eqvipment contractors, oi
consvltant and other services:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE VAIL,
GOLORADO:
1. That the Town Manager is avthorized to execute and file aII
applications on behalf of the Town of Vail with the U.S.
Department of Transportation, to aid in the financing of aIl
planning, capital, training, demonstration, and/or operatinq
assistance projects.
2. That the Town Manager is authorized to execute and file with such applications an assurance or any other document
required by U.S. Department of Transportation effectuating
the purposes of the proposed projects.
3. That the Director of Public Works/Transportation is
designated to furnish such additional information as the
U.S. Department of Transportation may require in connection
with aII the applications.
4. That the Town Manager is avthorized to set forth and execute
minority business enterprise (disadvantaged enterprise
business and women business enterprise) policies and
procedvres in connection with the procvrement needs of aII
projects.
5. The Town Manager is authorized to execute aII grant
agreements on behalf of the Town of Vail with the U.S.
Department of Transportation to aid in the financing of aII
planning, capital, training, demonstration, andlor operating
assistance projects.
INTRODUCED, READ, APPROVED AHD ADOPTED THIS 5TH DAY OF MAY, 1987
Paul R. Johnston, Mayor
Date
ATTEST:
Pamela A. Brandmeyer, Town Clerk
. -
T0: Town Council
FROM:. Community Development
DATE: May 5, 1987
RE: Tennenbaum Setback Variance
On April 20th, the PEC voted to approve a side setback variance request
for Michael Tennenbaum for Parcel B, Resubdivision of Lots 14 and 17, Block
7, Vail Village lst Filing. The staff recommendation was for denial of
the request.
The Town Council has called up the PEC decision for further review.
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 20, 1987
SUBJECT: A request for a side setback variance in order to
construct a residence on Parcel B, a Resubdivision of
Lots 14 and 17, Block 7, Vail Village First Filing.
Applicant: Mr. Michael Tennebaum
I. DESCRIPTION OF VARIANCE REQUESTED
The applicant, Michael Tennenbaum, is requesting a 10 foot
variance from the required 15 foot side setback for the newly
created Parcel B: a resubdivision of Lots 14 and 17, Block
7, Vail Village lst Filing. Parcel B is roughly 90' x 100'
with a narrow dog leg that extends to the east of the
property. This parcel contains slightly more than 12,500
square feet, which is the minimum lot size for the Single
Family zone district. This parcel was created through a
previous subdivision action by Mr. Tennenbaum. Mr. Tennebaum
resubdivided the Primary/Secondary zoned Lots 14 and 17 into
three parcels. Parcel A which remained a Primary/Secondary
zoned property and Parcels B and C which each became Single
Family zoned parcels.
The applicant, who still controls the adjacent Parcel A, has
stated a willingness to restrict development on Parcel A to a
distance of 25 feet from the property line. By restricting
this development through either covenants or deed
restrictions, the applicant would provide a 30 foot
separation between structures equal to the normal 15 foot
setback from each property line. The proposed site
development which encroaches up to 10 feet into the required
15 foot setback from property line also entails creating an
access easement, retaining wall and asphalt drive through
this 30 foot area. The actual driveway that accesses Parcel
B initiates approximately 20 feet from the property line on
Parcel A.
In an effort toward compromise, the staff requested the
applicant to maintain this 30 foot buffer as undisturbed open
space. The applicant, however, declined to amend the site
plan and design program to allow this buffer. The side
setback area requested for encroachment contains several
fairly significant natural features, including two large
spruce trees.
II. CRITERIA AND FINDINGS
Upon review of Criteria and Findings, Section 18.61.060 of
the municipal code, the Department of Community Development
recommends denial of the requested setback variance based
upon the following factors:
Consideration of Factors:
°The relationship of the reciuested variance to other existinq
or potential uses and structures in the vicinity.
In a situation where the average slope underneath proposed
parking areas exceeds 30%, staff and Design Review Board may
_ waive the required front setback standards. The garage area
for this proposal meets this criteria, so the location of the
garage in the front setback of this proposal is not an issue.
With regard to the encroachment into the side setback, staff
feels that if the applicant were willing to restrict
development including site work to a 25 foot setback on
Parcel A through a deed restriction or covenant to which the
Town is a party, there would be little impact on other
potential structures in the vicinity.
The degree to which relief from the strict and literal
interpretation and enforcement of a s ecified re ulation is
necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the
objectives of this title without rant of s ecial rivile e.
The Community Development Department staff feels that
approval of this request would be a grant of special
privilege. We believe that there is little to no physical
hardship on this parcel requiring a side setback variance.
In fact, we see significant natural features on the lot
located within the 15 foot setback which enhance the site and
should be preserved.
The subdivision regulations are designed to ensure that an
adequate building envelope will be created during development
or subdivision of any lot. The applicant, through recent
previous actions, creatad this lot and should be able to
design within the parameters of that parcel of ground which
he has created. Any claim of hardship due to lot size or
shape is self imposed by the owner as a result of the
previous resubdivision application.
. r
Effect of the requested variance-on light and air,
distribution of population, transportation and traffic
facilities, public facilities and utilities, and public
safety.
There is little impact upon this criteria by this proposal.
Such other factors and criteria as the commission deems
applicable to the proposed variance.
III. FINDINGS
The Planning and Environmental Commission shall make the
following findings before granting a variance:
- 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 district.
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.
That the variance is warranted for one or more of the
following reasons:
The strict or literal interpretation or enforcement of
the specified regulation would result in practical
difficultly or unnecessary physical hardship
inconsistent with the objectives of this title.
There are exceptions or extraordinary circumstances or
conditions applicable to the same site of the variance
that do not apply generally to other properties in the
same zone.
The strict interpretation or enforcement of the
specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties in
the same district.
IV. STAFF RECOMMENDATION
Staff recommendation is for denial of the side setback
variance. We feel there is no physical hardship driving the
side setback request and feel that it would be a grant of
special privilege. Indeed, physical features within the area
of the 15 foot setback warrants its preservation. This lot
was recently created and great efforts were taken at that time to ensure that this lot did meet the minimum lot
requirement for this zone district. We feel adequate space
exists for the siting of a single family structure without
requiring a setback variance. Finally, any hardship is self-
imposed by the owner through his previous minor subdivision
request and subsequent design.
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NOTES:
WALL To b[~pv 1. Floor elevation:
i
Lower level el.
\ Living/Dininq e:
Master Bedroom e
Den el. = 77'-0
Garage el. a 80'
t~ fe ~~A Gueat Bedroom el
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