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HomeMy WebLinkAbout1987-05-19 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MAY 19, 1987 7:30 p.m. ~ REVISED AGENDA 1. Gr-uiriance iJo. IZ, Series of 1987, first reading, an ordinance amending Chapter , 15.02 of the Uail Municipal Code; adopting by reference the Uniform Eiectric Code, 1987 Edition; and setting forth details in relation thereto. 2. Ordinance No. 13, Series of 1987, second 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 paymenet of the bonds and the interest thereon; and making provision for other matters relating thereto. 3. Ordinance No. 14, Series of 1987, second reading, an ordinance amending Ordinance No. 1, Series of 1985 to provide for the amendment of the approved development plan for a Special Development District No. 6; adopting an amended development plan for Phase IV of Special Development District No. 6, eliminating certain requirements relating to the distance between buildings for Phase IV of Special Requirements for Phase IU of special requirements for Phase IU of Special Development District 6; changing the height requirements for Phase IU of Special Development District 6; changing the allowable density and modifying the building bulk standards for Phase IV of Special Development District 6; and setting forth details in regard thereto. CITIZEN PARTICIPATION 4. Town Manager's Report 5. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MAY 19, 1987 7:30 p.m. EXPANDED AGENDA 7:30 1. Ordinance No. 12, Series of 1987, first reading, adopting Larry Eskwith , the 1987 Edition of the Uniform Electric Code by reference Action Requested of Council: Adopt/deny Ordinance No. 12, Series of 1987, on first reading. Background Rationale: The Town presently has the 1985 edition of the Uniform Electric Code in effect. The 1987 edition has been published and the Building Department recommends adoption of this more current edition. Staff Recommendation: Adopt Ordinance No. 12, Series of 1987, on first reading. 7:45 2. Ordinance No. 14, Series of 1987, second reading, Tom Braun amending SDD #6 (Vail Village Inn) 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 second reading. Background Rationale: The Ordinance was approved on first reading with the following additional conditions: 1. The Town of Vail may use the 4,000 sq. ft. space as they choose with no restrictions including the possible subdivision and/or sale of the unit or portion of the unit. 2. Restrictions on any units in Phases IU or V which would be condominiumized shall be as outlined in Section • 17.26.075 of the Vail Municipal Code. 3. Upon the issuance of a building permit for the construction of any phase of SDD #6 subsequent to Phase IU, the developer and/or owner of said phase shall reimburse the Town of Vail for expenses incurred in faulitating the relocation of the Ski Museum (into Phase IV) of an amount not to exceed $75,000. 4. Any remodel or redevelopment of the remaining portion of SDD #6 commonly referred to as Phase U shall include parking as required by Ordinance 1, 1985. Staff Recommendation: Approve Ordinance No. 14, Series of 1987, on second reading. 7:50 3. Appeal of Variances for Jerome Lewis Residence. Betsy Rosolack - Action Requested of Council: Uphold or overturn the PEC approval. Background Rationale: An appeal of a Planning Commission approval of setback and site coverage variances for additions to a primary/secondary residence located on Lot 3, Block 1, Vail Village First Filing. Appellant: Steve Berkowitz. On April 27, 1987, the Planning Commission approved three front setback variances, one side setback variance and a site coverage variance for additions to a primary/secondary residence. The applicant, Jerome Lewis, is requesting these variances to construct garages and additions to both the primary and the secondary units. The request is to add two 2-car garages and additional square footage, including square footage permitted under Ordinance 4 of 1985 (250 sf). CITIZEN PARTICIPATION 4. Town Manager's Report 5. Adjournment ORDINANCE N0. 12 Series of 1987 AN ORDINANCE AMENDING CHAPTER 15.02 OF THE VAIL MUNICIPAL CODE; ADOPTING BY REFERENCE THE UNIFORM ELECTRIC CODE, 1987 EDITION; AND SETTING FORTH DETAILS.IN RELATION THERETO. WHEREAS, the Town of Vail has adopted the 1985 edition of the Uniform Electric Code; and WHEREAS, the 1987 edition of the Uniform Electrical Code has recently been published; and WHEREAS, the Town in an effort to keep its construction codes as current as possible believes that it would benefit the health, safety and welfare of the inhabitants of the Town of Vail to adopt the 1987 edition of the Uniform Electrical Code. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, A Colorado, that: Section 1. Section'15.02.010 Preamble of the Muni.cipal Code of the Town of Vail is hereby repealed and reenacted with amendments to read as follows: 15.02.010 Preamble WHEREAS, the Charter of the Town of Vail and the statutes of the State of Colorado provide that standard codes may be adopted by reference with amendments; and WHEREAS, the Town of Vail has adopted by reference the 1985 editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Code for Abatement of Dangerous Buildings, the Uniform Codes for Uniform Building Code Standards and the Uniform Fire Code Standards and the 1984 edition of the National Electric Code; and . It is the opinion of the Town Council that the public health, safety and welfare would be served by the adoption of the 1987 edition of the National Electrical Code. Section 2. Section 15.02.020 Adoption by Reference, subparagraph G, is hereby repealed and reenacted to read as follows: 15.02.020 Adoption by Reference G. The National Electrical Code, 1987 edition and all appendix chapters thereto, is hereby adopted by reference. The National Electrical Code, 1987 h edition, is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. . Section 3. Section 15.02.070 Amendments to the National Electrical Code of the Municipal Code of the Town of Vail is hereby amended to read as follows: The following amendment is made to the National Electrical Code, 1987 edition: All electrical wiring in groups A, B, E, I and H occupancies, as defined in the Uniform Building Code, shall be encased in conduits, raceways, or in approved armor. All wiring in group R shall be encased in metal conduits, raceways or in approved armor to the circuit breaker box for each unit. No aluminum wire or copper-clad aluminum wire smaller than size 8 will be permitted within the Town. Section 4. Section 15.02.070 Amendments to the National Electrical Code of the Municipal Code of the Town of Vail is hereby repealed and reenacted with amendments to read as follows: 15.02.070 Amendments to the National Electrical Code The following amendments are he.reby made to the National Electrical Code, 1987 edition: A. All electrical wiring in groups A, B, E, I and H occupancies as defined in the Uniform Building Code, shall be encased in conduits, raceways, or in approved armor. All wiring in group R shall be encased in metal conduits, raceways or in approved armor to the circuit breaker box for each unit. No aluminum wire or copper-clad aluminum wire smaller than size 8 will be permitted within the Town. B. 1) Persons engaged in the installation of remote control, low energy power and Signal Circuits as defined in Articles 725 and 760 of the 1987 National Electrical Code, need not be licensed themselves pursuant to Title 12, Article 23, Colorado Revised Statutes, nor work under the supervision of such . licensed electricians; however, all such persons shall register with the State Electrical Board. Proof of registration shall be produced by the registrant to the Town of Vail Building Official. 2) All such installations of Remote Control, Low Energy Power and Signal Systems are subject to the permit and inspection requirements of Section 12- 23-116 C.R.S. Accordingly, all installations of Remote Control, Low Energy Power and Signal Systems must be performed in accordance with the minimum standards set forth in the National Electrical Code. -2- Section 5. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Uail and the inhabitants thereof. Section 7. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repeal or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on.this ordinance on the day of , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- INTRODUCED, READ AND APPROUED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -4- ORDINANCE N0. 14 Series of 1987 AN ORDINANCE AMENDING ORDINANCE N0. 1, SERIES OF 1985 TO PROVIDE FOR THE AMENDMENT OF THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0. 6; ADOPTING AN AMENDED DEVELOPMENT PLAN FOR PHASE IU OF SPECIAL DEVELOPMENT DISTRICT N0. 6, ELIMINATING CERTAIN REQUIREMENTS RELATING TO THE QISTANCE BETWEEN BUILDINGS FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT N0. 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 IV OF SPECIAL DEVELOPMENT DISTR"ICT N0. 6; PROVIDING DIFFERENT PARKING AND LOADING REQUIREMENTS FOR PHASE IV AND V OF SPECIAL DEVELOPMENT DISTRICT N0. 6; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Vail as follows: Section 1. Legislative Intent , A. In 1976, the Town Council of the Town of Vail passed Ordinance No. 7, Series of 1976, establishing Special Development District No. 6 to insure the unified and coordinated development of a critical site as a whole and in a manner suitable for the area in which it was situated. B. Special Development District No.6 provided in Section 14 that the Town Council reserved the right to abrogate or modify Special Development District No. 6 for good cause through the enactment of an ordinance in conformity with the zoning code of the Town of Vail. C. In 1985, the Town Council of the Town of Vail passed Ordinance #1, Series of 1985, providing certain amendments to the development plan for SDD N0. 6. D. Application has been made to the Town of Vail to modify and-amend certain sections of Special Development District No. 6 which relate to Phase IV and which make certain changes in the development plan for Special Development District No. 6 as they relate to Phase IU. E. The Planning and Environmental Commission of the Town of Vail has reviewed the changes submitted by the applicant and has recommended that Special Development District No. 6 be so amended. F. The Town Council considers that the amendments provide an even more unified and more aesthetically pleasing development of a critical site within the Town and that such amendments are of benefit to the health, safety and welfare of the inhabitants of the Town of Vail. Section 2. Section 18.50.020 Purpose is hereby amended to read as follows: A Special Development District is established to assure comprehensive development and use of an area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the objectives of the Zoning Ordinance of the Town. Ordinarily, a special development district will be created only when the development is regarded as complementary to the Town by the Town Council, Planning Commission and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. Section 18.50.040 Development Plan Contents is hereby amended to read as follows; The proposed development plan shall include, but is not limited to, the following data as supplemented by exhibits provided by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 for Phases I, II, III, and as supplemented by the exhibits of the development plan and the environmental impact report as prepared by Gordon R. Pierce, Architect, (plans dated February 19, 1987, revised April 14 and April 22, 1987), and as given final approval through passage of second reading of this ordinance by the Town Council on May 19, 1987 for Phase IV and Phase U. This approval recognizes that Phase IU may be constructed in two phases with the first phase to be referred to as Phase IV and the final phase to be referred to as Phase V. Section 3. Section 18.50.040 E is hereby amended to read as follows: E. For Phases I, II, and III, a volumetric model as amended by consultants Royston, Hanamoto, Beck and Abey on February 12, 1976 of the site and proposed development documented by photographs at a scale of 1 inch equals 16 feet or larger, portraying the scale and relationship of those phases of the development to the site and illustrating the form and mass of structures in said phases of the development. For Phases IU and V, a volumetric model as amended by Gordon Pierce, Architect, of the site and the proposed development at a scale of 1 inch equals 20 feet, portraying the scale and relationship of the development on Phases IV and V, to the site and illustrating the form of mass of structures in said phase. Section 4. Section 18.50.050 Permitted Uses in Special Development No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.050 Permitted Uses The permitted uses in Phases I, II, III, IU and V of Special Development District 6 shall be in accordance with the approved development plans on file in the Town of Vail Community Development Department. Section 5. Section 18.50.060 Conditional Uses in Special Development District No. 6 is hereby repealed and re-enacted with amendments to read as follows: 18.50.060 Conditional Uses Conditional Uses for Phases I, II, III, IU and V of Special Development District No. 6 shall be as found in Section 18.22.030 of the Vail Zoning Code and as below: A. A popcorn outside vending wagon that conforms in appearance with those existing in Commercial Core I and Commercial Core II. Except, no office uses, except those clearly accessory to a principal use will be allowed on the Plaza level of Phases IV and U. Section 6. Section 18.50.110 Distance Between Buildings is hereby amended to read as follows: 18.50.110 Distance Between Buildings For Phases I, II and III the minimum distance between buildings on adjacent sites shall be as indicated in the development plan, but in no case shall be less than 50 feet. For Phase IV AND V, the minimum distance between buildings on adjacent sites shall be as indicated in the development plan as submitted by Gordon Pierce, Architect, (dated February 19, 1987, revised April 14 and April 17, 1987). Section 7. Section 18.50.120 Height is hereby amended to read as follows: A. For Phases I, II, and III the allowable heights shall be as found on the development plan, specifically the site plan and height plan dated 3/12/76. B. For Phases IV and U, the maximum building height shall be as set forth in the approved development plan by Gordon Pierce, Architect (dated February 19, 1987, revised April 14 and April 17, 1987). Section 8. Section 18.50.130 Density is hereby amended to read as follows: The Gross Residential Floor Area (GRFA) of all districts in the Special Development District shall not exceed 120,600 square feet. There shall be a minimum of 148 accommodation units and 67,022 square feet of GRFA devoted to accommodation units in Phase IV and V of Special Develoment District 6. Section 9. Section 18.50.130 Building Bulk is hereby amended to read as follows: 18.50.130 Building Bulk Building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines for Phases I, II and III shall be indicated on the development plan submitted by consultants Royston, Hanamoto, Beck and Abey on February 12, 1975. For Phases IV and V, building bulk, maximum wall lengths, maximum dimensions for building elements, requirements for wall offsets and vertical stepping of roof lines shall be as indicated as per the approved development plans submitted by Gordon R. Pierce, Architect (dated February 19, 1987, revised April 14 and April 22, 1987). Section 10. Section 18.50.180 Parking and Loading is hereby repealed and reenacted with amendments as follows: 18.50.180 Parking and Loading Following the completion of Phases IV and V, there shall be not less than 12 surface parking spaces, 324 underground parking spaces, and 37 underground valet parking spaces as are existing and as provided on the development plan submitted by Gordon R. Pierce, Architect (dated February 19, 1987). The proposed site plan dated February 19, 1987 reflects the interim parking plans between the development of Phases IV and V. Section 11. Conditions of approval for the development plan of Phases IU and V of SDD6 as submitted by Gordon Pierce (dated February 9, 1985, revised April 14 and April 22, 1987), shall be as follows:, 1. That'the developers and/or owners of Phases IV and U participate in and do not remonstrate against an improvement district for improvements to the intersection of Vail Road and Meadow Drive if and when one is formed. 2. That the developers and/or owners of Phases IV and V participate in and do not remonstrate against establishing a pedestrian linkage from Phases IU and V to a future commercial expansion at the Sonnenalp Lodge site if and when it is developed. 3. The developer receive approval from the State Highway Department for reconfiguration of the pull-off area from the Frontage Road to the entrance to the hotel prior to the issuance of a building permit for Phase V. 4. The developers and/or owners of Phase IV agree to transfer by general warranty deed to the Town of Vail free and clear of all liens and encumbrances, such condominium unit of approximately 3,986 sq. ft. in size and to be located as indicated on the plans and specifications submitted with the application. There shall be no provisions placed on the condominium unit restricting the , Town of Vail's use of the unit or the subsequent subdivision and/or sale of the unit. 5. No grading permit, building permit or demolition permit relating to Phases IU or V of Special Development District No. 6 shall be issued until such time ~ that reasonable evidence is provided the Town of Vail staff that construction financing for the improvements to be constructed as part of Phases IU or V has been obtained. 6. Restrictions on any units in Phases IV or V which would be condominiumized shall be as outlined in Section 17.26.075 of the Vail Municipal Code. 7. Upon the issuance of a building permit for the construction of any phase of SDD#6 subsequent to Phase IV, the developer and/or owner of said phase shall reimburse the Town of Vail for expenses incurred in facilitating the relocation of the ski museum (into Phase IU) of an amount not to exceed $75,000. 8. Any remodel or redevelopment of the remaining portion of SDD6 commonly referred to as Phase V shall include parking as required by Ordinance 1, Series of 1985. Section 12. If any part, section, subsection, sentence, clause or phrase of this ordinance is , for any reason held to be invalid, such decision shall not affect the valildity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 13. The repeal or the repeal and reenaction of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right.which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 5th day of May, 1987 , and a public hearing shall be held on this ordinance on the 19th _ day of May 1987 at 7:30 P.M. in the Council Chambers of the Uail Municipal Building, Vail, Colorado. Ordered published in full this day of , 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 < TO: Town Council FROM: Community Development Department DATE: May 19, 1987 SUBJECT: Appeal of a Planning Commission approval of setback and site coverage variances in order to construct additions to a primary/secondary residence located on _ Lot 3, Block 1, Vail Village First Filing. Applicant: Jerome A. Lewis APPELLANT: Mr. Steve Berkowitz On April 27, 1987, the Planning Commission approved one side and three front setback variances and a site coverage variance for additions to a primary/secondary residence. The applicant requested these variances to construct garages and additions to both the primary and the secondary units. The request is to add two 2-car garages and additional square footage, including footage permitted under Ordinance 4 of 1985 (which permits up to 250 additional square footage to dwellings which are at least five years old). Staff recommendation was for denial. The staff felt that the amount of encroachment and site coverage could be reduced and felt that the proposal would have a negative impact upon the neighborhood. The staff also felt that to grant these variances would be a grant of special privilege. Jim Viele moved and Sid Schultz seconded the motion to approve the requested variances, stating that the strict interpretation of the zone code would deprive the applicant of privileges enjoyed by the owners of other properties in the area. The vote was 5-0 in favor, with one abstention. : TO: Planning and Environmental Commission FROM: Community Development Department " C DATE: April 27, 1987 SUBJECT: A request for front and side setback variances and a site coverage variance in order to contruct garages and additions to a primary/secondary residence located on Parcels A and B, Lot 3, Block l, Vail Village First Filing. Applicant: Jerome A. Lewis I. DESCRIPTION OF VARIANCES REQUESTED The applicant is requesting these variances to construct garages and additions to the primary/secondary residence. The request is to add to each unit a 2-car garage and " additional square footage, including 250 square feet as permitted under Ordinance 4 of 1985. The existing structures are nonconforming as they are already above their allowed GRFA and encroach into the rear setback by 4 feet. The applicant presented the proposal at the April 20th PEC meeting, and asked to table in order to verify GRFA statistics. He has reduced the GRFA request with the result that he no longer needs variances to GRFA, landscaping, or rear or stream setback requirements. ~ Zoning Statistics: Zone: Primary/Secondary Site Area: 12,583 sf Site Coverage Allowed: 2,516 20% of 12,583 (site area) Existing: 1,908 15% of site area Requested: 3,511 27% of site area Setbacks Required: 20 ft front 15 ft each side Roof overhang may be 4 ft into setback. Decks 5 ft above ground may encroach 5 ft into setback. ~ Requested: ~ Secondary Unit (West) A front setback variance of 8 ft for a garage and GRFA addition over the garage plus a setback variance for an additional 4 feet for a 12 foot variance of the roof overhang. Primary Unit (East) - A front setback variance of 6 feet for the garage. A front setback variance of 1 foot for a deck. A side setback variance of 6 feet for the garage. GRFA Primary (East) Secondary (West) Allowed GRFA 1887 1258 Existing 2038 1378 Plus credits Mechanical 50 30 Storage 57 ~ Proposed GRFA . (credits excluded) 2038 1378 Total credits used Mechanical 50 50 Storage 173 200 Airlock 23 25 Ordinance 4 add'itions 230 208 Total Proposed including Ord 4 and credits 2514 1861 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 based upon the following factors: ~ . Consideration of Factors: C The relationship of the req_uested variance to other existin or potential uses and structures in the vicinity. 1. Front and Side Setbacks Although the encroachments have been reduced, the staff believes the garage to the east could be moved further north and west to avoid setback variances. The garage - is being pulled into the setback due to the proposed location of the additional square footage. It is felt that the proposed encroachments have a negative impact upon the neighborhood. - ,2. Site Coverage It is this variance request which the staff feels will have the most impact upon the neighborhood. The site coverage has been reduced from the previous proposal of 33% to 27% The effects have been partially mitigated by berming the easterly garage and placing a patio over it. However, the staff feels that it is important on a lot of this size (12,583) that there is no more site coverage than the maximum in order to maintain adequate open space. ~ The degree to which relief from the strict and literal interpretation and enforcement of a specified 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 grant of special privileqe. 1. Setbacks While it may not be possible to build 2 garages that do not encroach at all into the front setback, staff believes that the encroachments can be reduced if the additional square footage is added to the site in areas that will not create the need for setback variances. 2. Site Coverage As stated earlier, it is vital on a lot of this size to follow the Town of Vail development standards, particularly with regard to Ordinance 4. It is true that the garages contibute to the excess site coverage. However, the 250 s.f. additions also contribute to the site coverge which is a grant of special privilege. . , . C The effect of the requested variance on li ht and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and ublic safety. This proposal would have no effect on the above factors. - 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 The Community Development Department staff recommends denial of the requested variances. Though the Town passed Ordinance 4 to allow extra density of 250 square feet, the ordinance specifically addressed the fact that in granting this extra density, proposals would be reviewed closely with respect to ~ 4 , . site planning, impact on adjacent properties and applicable Town of Vail development standards. Staff feels that the development proposed must conform more closely to existing C development guidelines as outlined in the zoning code and in Ordinance 4. We also believe that the garages are an improvement to the site. However, it is staff's opinion that the garages could be sited in a manner that would minimize if not negate the need for setback variances. ~ i , - ° 2 . ~ ~ - ~ 1'tvr. . . , ~ ~ ( ~ ~:'~L' ~ - ~ 77 . • _ r 7"\"~- I T-ir R KJ ~ ~ ~ , , ~ j" ~ y~, a~ `-OZ K gy , I,Au- ~ ~ % ' : _ , • : ' : ~ ` ' o* . • ~ \ "M w?~ ~ ~ ~ ` ` ' • ~'4^ °6 ~ ~ . ,~~~1~' ~ ~ ~ . - . x~ x ?~y' ti. , I . •~~CnYtN~t~u 11 A~ . r:: KK4vf ~OI ?7 E!, r ~C ~r ~ ' T ~ • ~ . 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