Loading...
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 -2- 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 -2- r 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 -3- 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 -2- 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 -2- 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. ~ Parcel B WO~~ !-94/+~.1 \ . Lt • \ , . ~a ~ ~k ~ ~ ~ ~ I ~ t ' ~ ` - l • ~ T \ s ~ ~ • ~ i 1t -Ustk - ~ _ `&y r't • ~/?j',~ a1 ~ ~ `+~~.r:' : t * ~.w ~ y r . }i -ea~-,.~ ~ . ~K \ ' aETN~~ ~ ' e:r ~ ~ ' L / "Y;~~~/ l ~ ' . IGx~.f•f/I4'(~,~ _o~wtg . . I ~ .f;' s q , 1 14U - ~ 1 II 1\1 ~a. ~ a.~.v.+. o~ • + ~ _ ~ 1~ { r 1 ~~,I, _ ' ~ ~ r y~ ~•a i`n .;v,~~ Fw~EI~~ .i~HlWfi: t 1 ~ y~ s p~ \ ~ OW~t Existing Residence , :s ~ r X ~ _ 2x •hT'!~ P~~.le ~ to -~F--n , , ; ~ ~ ~ ~ ~ ur~tcs' ~ ~ 7a'N ~3.E . ~ / ~iI / ~ ~Ew - - ~ ~ _ \ • ~ , ` / 22 _ rp 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 1 SQ~t.C..~- gckledge PAv~nE+JT ~ 2. Elevationa callc top of parapet e tw~~,r~. F• G42.c6~ ,14 Pim n. o4•q4~441 3. Information takc e~~= 65'•ti L• 4~.9~' ~ 86 Valley.Engineeri